Loading...
HomeMy WebLinkAboutJanuary to December (3)City of Morro Bay City Council Agenda Mission Statement The City of Morro Bay is dedicated to the preservation and enhancement of the quality of life. The City shall be committed to this purpose and will provide a level of municipal service and safety consistent with and responsive to the needs of the public. REGULAR MEETING - DECEMBER 8, 1997 CLOSED SESSION - DECEMBER 8, 1997 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 A LICENSE AND/OR EASEMENT AGREEMENTS BETWEEN PG&E AND THE CITY OF MORRO BAY REGULAR MEETING - DECEMBER 8, 1997 • VETERANS MEMORIAL HALL - 6:00 P.M. 209 SURF ST., MORRO BAY, CA ESTABLISH QUORUM AND CALL TO ORDER PRAYER 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 CITY COUNCIL MEETING OF NOVEMBER 24, 1997; (BAUER) RECOMMENDATION: Approve as submitted. A-2 RESOLUTION NO. 87-97 APPROVING ASSIGNMENT OF LEASE SITE 62/62W; (ALGERT) RECOMMENDATION: Approve Resolution No. 87-97 authorizing assignment of the lease agreement for Lease Site 62/62W from Bruce and Kathy Lewis to Bob Reed and Frank Loving. A-3 RESOLUTION AUTHORIZING NEW 20-YEAR LEASE AGREEMENT FOR LEASE SITES 122-123/122W-123W; (ALGERT) - THIS ITEM HAS BEEN PULLED FROM THE AGENDA • A-4 RESOLUTION NO. 88-97 APPROVING SUBLEASE FOR LEASE SITES 91- 92/91 W-92W; (ALGERT) RECOMMENDATION: Approve Resolution No. 88-97 authorizing a sublease agreement with Christa Lopez and Gretchen Blackburn, dba Mermaids, to operate a retail business on a portion of Lease Site 91-92/91W-92W. A-5 RESOLUTION NO. 84-97 APPROVING TRANSPORTATION DEVELOPMENT ACT CLAIM FOR FISCAL YEAR 1997/98; (BOUCHER) RECOMMENDATION: 1) Approve the City's fiscal year 1997/98 claims for Local Transportation Fund (LTF) monies in the amounts of $142,284 (local), $51,910 (regional), $3,989 (local bike and pedestrian projects), and $1,250 (TDA Audit cost); and 2) approve the City's fiscal year 1997/98 claim for State Transportation Authority (STA) monies in the amount of $13,571 and authorize the Mayor to sign Resolution No. 84-97. A-6 CONSIDERATION OF REVISION TO PUBLIC WORKS ADVISORY BOARD (PWAB) BY-LAWS REGARDING TERMS OF OFFICE; (BOUCHER) • RECOMMENDATION: Approve the revisions to the PWAB by-laws with regards to terms of office and amend by-laws to reflect new language. 2 • A-7 RESOLUTION NO. 89-97 APPROVING ONE TO FOUR YEARS OF PUBLIC EMPLOYEE RETIREMENT SYSTEM (PERS) SERVICE CREDIT; (DAVIS) RECOMMENDATION: Approve Resolution No. 89-97 authorizing the Mayor to sign the Certificate of Compliance and Agreement. A-8 APPOINTMENTS OF COUNCIL TO VARIOUS COUNTY BOARDS AND COMMITTEES; (ADMIN) RECOMMENDATION: Approve appointments as noted on staff report. A-9 CANCELLATION OF REGULARLY SCHEDULED CITY COUNCIL MEETING ON DECEMBER 22, 1997; (ADMIN) RECOMMENDATION: Cancel the regularly scheduled City Council meeting on December 22, 1997. A-10 PROCLAMATION DECLARING DECEMBER 1997 AS "NATIONAL DRUNK AND DRUGGED DRIVER PREVENTION MONTH'; (LOVEN) RECOMMENDATION: Adopt proclamation and encourage citizens to "Take a • Stand Against Impaired Driving" during the December holiday season and throughout the year. B. PUBLIC HEARINGS, REPORTS & APPEARANCES B-1 PRESENTATION OF REGIONAL URBAN DESIGN ASSISTANCE TEAM (RUDAT) REPORT; (HOWELL) RECOMMENDATION: Receive presentation of final RUDAT report. B-2 PRESENTATION OF WATER INFRASTRUCTURE MASTER PLAN FOR POTABLE AND FIRE PROTECTION DEMANDS; (BOUCHER) RECOMMENDATION: Adopt the Water Master Plan as presented. B-3 REQUEST FOR POLICY DIRECTION ON SPECIAL WATER RATES; (BOUCHER) RECOMMENDATION: Consider and determine that special water rates are contrary to the general well-being of the community and approve Resolution No. 86-97 modifying the Master Fee Schedule for existing reduced water • rates for Licensed Health Care Facilities to be the same as the prevailing community rates. 3 • C. UNFINISHED BUSINESS C-1 REVIEW OF CRITERIA FOR SPECIAL EVENTS TO BE BROADCAST ON CHANNEL 54; (BOUCHER) RECOMMENDATION: Review the criteria to be used in determining what qualifies as a special event for broadcast on Channel 54. C-2 RESOLUTION NO. 85-97 APPROVING AWARD OF VIDEO PRODUCTION SERVICES CONTRACT; (BOUCHER) RECOMMENDATION: 1) Award the bid to AGP Video for taping City Council meetings only for three months (January, February, March 1998); 2) return after mid -year budget review for consideration of continuance to end of fiscal year; 3) direct staff to include a video production funds request in the fiscal year 1998/99 budget. D. NEW BUSINESS D-1 CONSIDERATION OF HARBOR LEASE MANAGEMENT POLICY; (ALGERT) - THIS ITEM HAS BEEN PULLED FROM THE AGENDA • D-2 SCHEDULING FOR INTERVIEW DATE FOR APPOINTMENTS TO CITY COMMISSIONS AND ADVISORY BOARD VACANCIES; (ADMIN) RECOMMENDATION: Schedule an interview date for appointments to City Commissions and Advisory Board vacancies. D-3 APPOINTMENT OF VICE -MAYOR FOR ONE-YEAR TERM; (ADMIN) RECOMMENDATION: Appoint Council member to serve a one year term as Vice Mayor. E. ADJOURNMENT THIS AGENDA IS SUBJECT TO AMENDMENT UP TO 72 HOURS PRIOR TO THE DATE AND TIME SET FOR THE MEETING. PLEASE REFER TO THE AGENDA POSTED AT CITY HALL FOR ANY REVISIONS OR CALL THE CLERK'S OFFICE AT 772-6200 FOR FURTHER INFORMATION. COPIES OF STAFF REPORTS OR OTHER PUBLIC DOCUMENTATION RELATING TO EACH ITEM OF BUSINESS REFERRED TO ON THIS AGENDA ARE ON FILE IN THE OFFICE OF THE CITY CLERK AND AVAILABLE FOR PUBLIC INSPECTION AND REPRODUCTION AT COST AT CITY HALL, LIBRARY, AND MILLS STATIONERY. • IN COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT, IF YOU NEED SPECIAL ASSISTANCE TO PARTICIPATE IN A CITY MEETING, PLEASE CONTACT THE CITY CLERK'S OFFICE AT LEAST 24 HOURS PRIOR TO THE MEETING TO INSURE THAT REASONABLE ARRANGEMENTS CAN BE MADE TO PROVIDE ACCESSIBILITY TO THE MEETING. 0 • MINUTES - MORRO BAY CITY COUNCIL CLOSED SESSION - DECEMBER 8, 1997 CITY HALL CONFERENCE ROOM - 5:00 P.M. Mayor Novak called the meeting to order at 5:00 p.m PRESENT: Cathy Novak Mayor Rodger Anderson Councilmember Dave Elliott Councilmember William Peirce Councilmember Janice Peters Councilmember STAFF: Dave Howell City Manager David Hunt City Attorney CLOSED SESSION MOTION: Councilmember Peters moved the meeting be adjourned to Closed Session. The motion was seconded by Councilmember Peirce and unanimously carried. (5-0) • Mayor Novak read the Closed Session statement. CS-1 GOVERNMENT CODE SECTION 54956.8; REAL PROPERTY TRANSACTIONS INSTRUCTING CITY'S REAL PROPERTY NEGOTIATOR REGARDING EASEMENTS AND LICENSES WITH PACIFIC GAS & ELECTRIC COMPANY (PG&E) PROPERTY: PACIFIC GAS AND ELECTRIC MORRO BAY POWER PLANT. NEGOTIATING PARTIES: MARY HINDEGARDNER/PG&E AND RICK ALGERT/CITY. NEGOTIATIONS: TERMS, CONDITIONS, AND USES OF EASEMENTS AND LICENSES PERTAINING TO THE GEAR STORAGE AREA; THE WATER INTAKE OPERATIONS; THE BRACKISH WELLS; THE WELLS; THE PARK; THE BIKE PATH AND IMPROVEMENTS; AND THE PARKING LOTS. The meeting adjourned to Closed Session at 5:00 p.m. and returned to regular session at 5:30 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 5:30 p.m. 11 • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - DECEMBER 8, 1997 VETERANS MEMORIAL HALL - 6:00 P.M. Mayor Novak called the meeting to order at 6:00 p.m. ESTABLISH QUORUM AND CALL TO ORDER PRAYER PLEDGE OF ALLEGIANCE THOUGHT FOR THE DAY MAYOR'S REPORTS & ANNOUNCEMENTS - Mayor Novak presented Certificates of Appreciation to volunteers in the City who have served 1,500 hours or more with the City. CLOSED SESSION REPORT - None. The agenda was taken out of order to hear Item B-1 (Presentation of Regional Urban Design Assistance Team (RUDAT) Report) at this time. Mayor Novak presented a Key to the City to City Manager Dave Howell. • PUBLIC COMMENT The following people addressed Item C-2 (Resolution No. 85-97 Approving Award of Video Production Services Contract) requesting Council consider the cost of production, and expressed support for the bid to be awarded to AGP for one year: Shoosh Crotzer, Colby Crotzer, Mary Phillips, Lynda Merrill, Jim Wood, and Ann Patton. Grace Melton suggested a fund such as the Adopt -a -Tree Program be started to remove the diseased trees in the City. Harry Rogers complimented Council for approving the RUDAT Project which will assist in the repair of sidewalks in the City. Meredith Bates addressed Item C-1 (Review of Criteria for Special Events to be Broadcast on Channel 54) and reviewed what is happening in other areas in the County regarding special events broadcasting. She noted perhaps the City can collaborate with these other agencies in obtaining information. John Barta addressed Item A-7 (Resolution No. 89-97 Approving One to Four Years of Public Employee Retirement System (PERS) Service Credit) stating the employee in which this would benefit, Jerry Ramos, was instrumental in making the City run • effectively. He also addressed Item C-1, and requested Council consider funding error and omissions. 4 • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - DECEMBER 8, 1997 Bill Olson requested Council's support in funding the removal of the diseased trees in the City. Colby Crotzer addressed Item A-6 (Consideration of Revision to Public Works Advisory Board (PWAB) By -Laws Regarding Terms of Office) and requested Council pull this item for discussion. He also addressed Item CA stating the National Estuary Program and school events should be added to the criteria to be broadcasted on Channel 54. Mr. Crotzer addressed Item B-3 (Request for Policy Direction on Special Water Rates) stating the staff report neglected to address the Neurologic Center in Morro Bay. He noted that the people at this center and SeaShell Communities are on limited budgets, and the owners of these centers were unable to adjust their rates to provide for increased water rates; Mr. Crotzer requested Council consider this when deliberating on this issue. Steve Mathieu addressed Item C-1 stating Item 8 of the existing Operating Policies was left out of the staff report. He also noted there are "pure government" models out for review which allows a municipality to restrict community informational programming, and requested Council consider this in order to keep the community informed. DECLARATION OF FUTURE AGENDA ITEMS - Councilmember Elliott requested • the criteria for representation on City Commissions/Advisory Boards be agendized for review. Mayor Novak called for a break at 7:38 p.m.; the meeting resumed at 7:57 p.m. A. CONSENT CALENDAR Unless an item is pulled for separate action by the City Council, the following actions are approved without discussion. A-1 APPROVAL OF MINUTES FOR THE REGULAR CITY COUNCIL MEETING OF NOVEMBER 24, 1997; (BAUER) RECOMMENDATION: Approve as submitted. A-2 RESOLUTION NO. 87-97 APPROVING ASSIGNMENT OF LEASE SITE 62/62W; (ALGERT) RECOMMENDATION: Approve Resolution No. 87-97 authorizing assignment of the lease agreement for Lease Site 62/62W from Bruce and Kathy Lewis to Bob Reed and Frank Loving. 0 MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - DECEMBER 8, 1997 • A-3 RESOLUTION AUTHORIZING NEW 20-YEAR LEASE AGREEMENT FOR LEASE SITES 122-123/122W-123W; (ALGERT) This item was pulled from the agenda. A-4 RESOLUTION NO. 88-97 APPROVING SUBLEASE FOR LEASE SITES 91- 92/91 W-92W; (ALGERT) RECOMMENDATION: Approve Resolution No. 88-97 authorizing a sublease agreement with Christa Lopez and Gretchen Blackburn, dba Mermaids, to operate a retail business on a portion of Lease Site 91-92/91W-92W. A-5 RESOLUTION NO. 84-97 APPROVING TRANSPORTATION DEVELOPMENT ACT CLAIM FOR FISCAL YEAR 1997/98; (BOUCHER) RECOMMENDATION: 1) Approve the City's fiscal year 1997/98 claims for Local Transportation Fund (LTF) monies in the amounts of $142,284 (local), $51,910 (regional), $3,989 (local bike and pedestrian projects), and $1,250 (TDA Audit cost); and 2) approve the City's fiscal year 1997/98 claim for State Transportation Authority (STA) monies in the amount of $13,571 and • authorize the Mayor to sign Resolution No. 84-97. A-6 CONSIDERATION OF REVISION TO PUBLIC WORKS ADVISORY BOARD (PWAB) BY-LAWS REGARDING TERMS OF OFFICE; (BOUCHER) RECOMMENDATION: Approve the revisions to the PWAB by-laws with regards to terms of office and amend by-laws to reflect new language. A-7 RESOLUTION NO. 89-97 APPROVING ONE TO FOUR YEARS OF PUBLIC EMPLOYEE RETIREMENT SYSTEM (PERS) SERVICE CREDIT; (DAVIS) RECOMMENDATION: Approve Resolution No. 89-97 authorizing the Mayor to sign the Certificate of Compliance and Agreement. A-8 APPOINTMENTS OF COUNCIL TO VARIOUS COUNTY BOARDS AND COMMITTEES; (ADMIN) RECOMMENDATION: Approve appointments as noted on staff report. A-9 CANCELLATION OF REGULARLY SCHEDULED CITY COUNCIL MEETING ON DECEMBER 22, 1997; (ADMIN) • RECOMMENDATION: Cancel the regularly scheduled City Council meeting on December 22, 1997. n • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - DECEMBER 8, 1997 A-10 PROCLAMATION DECLARING DECEMBER 1997 AS "NATIONAL DRUNK AND DRUGGED DRIVER PREVENTION MONTH'; (LOVEN) RECOMMENDATION: Adopt proclamation and encourage citizens to "Take a Stand Against Impaired Driving" during the December holiday season and throughout the year. Councilmember Anderson pulled Items A-4, A-6, and A-10 from the Consent Calendar; Councilmember Peters pulled Item A-7, and Councilmember Elliott pulled Item A-8. MOTION: Councilmember Peirce moved the City Council approve the Consent Calendar with the exception of Items A-4, A-6, A-7, A-8, and A-10. The motion was seconded by Councilmember Peters and carried unanimously. (5-0) A-4 RESOLUTION NO. 88-97 APPROVING SUBLEASE FOR LEASE SITES 91- 92/91 W-92W • Councilmember Anderson stepped down due to a conflict of interest on this item. • MOTION: Councilmember Peirce moved the City Council adopt Resolution No. 88- 97 approving the sublease for Lease Sites 91-92/91W-92W; The motion was seconded by Councilmember Elliott and carried. (4-0-1) A-6 CONSIDERATION OF REVISION TO PUBLIC WORKS ADVISORY BOARD (PWAB) BY-LAWS REGARDING TERMS OF OFFICE Councilmember Anderson noted the other advisory boards in the City have four-year terms. Councilmember Elliott stated four years is too long; the City needs a higher turn -over, and noted members can be re -appointed. Councilmembers Peirce and Peters, and Mayor Novak stated terms should be consistent for all boards. MOTION: Councilmember Anderson moved the City Council approve the revision to the PWAB by-laws extending the terms to four years. The motion was seconded by Councilmember Peirce and carried unanimously. (5-0) 5 MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - DECEMBER 8, 1997 • A-7 RESOLUTION NO. 89-97 APPROVING ONE TO FOUR YEARS OF PUBLIC . EMPLOYEE RETIREMENT SYSTEM (PERS) SERVICE CREDIT Councilmember Peters requested clarification on this item for public information. City Manager Dave Howell reviewed the Certificate of Compliance and Agreement made Jerry Ramos. MOTION: Councilmember Peters moved the City Council adopt Resolution No. 89- 97 approving one to four years of PERS Service Credit. The motion was seconded by Councilmember Peirce and carried unanimously. (5-0) A-8 APPOINTMENTS OF COUNCIL TO VARIOUS COUNTY BOARDS AND COMMITTEES Councilmember Elliott noted the staff report lacked the attachment. City Clerk Bridgett Bauer clarified there are no changes to this year's appointments, except for Councilmember Peters will serve as delegate on the Economic Opportunity Commission, and Councilmember Peirce will serve as alternate. • MOTION: Councilmember Elliott moved the City Council approve the appointments to the various County boards and committees. The motion was seconded by Councilmember Peters and carried unanimously. (5-0) A-10 PROCLAMATION DECLARING DECEMBER 1997 AS "NATIONAL DRUNK AND DRUGGED DRIVER PREVENTION MONTH" Councilmember Anderson reviewed this proclamation for public awareness. MOTION: Councilmember Anderson moved the City Council adopt the proclamation declaring December 1997 as "National Drunk and Drugged Driver Prevention Month". The motion was seconded by Councilmember Elliott and carried unanimously. (5-0) B. PUBLIC HEARINGS REPORTS & APPEARANCES B-1 PRESENTATION OF REGIONAL URBAN DESIGN ASSISTANCE TEAM (RUDAT) REPORT; (HOWELL) Mayor Novak presented Certificates of Appreciation to those who assisted in the Is preparation of the RUDAT report. n. MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - DECEMBER 8, 1997 • The final RUDAT report was presented to the City Council and citizens of Morro Bay by Planning Commissioner April Ford and Professor Allan Cooper of Cal Poly. Mayor Novak opened the hearing for public comment. Suedene Walker reviewed her progress with this project. Mayor Novak closed the public comment hearing. Council consensus was to appropriate the funding to get the project underway. MOTION: Councilmember Elliott moved the City Council appropriate $25,000 from the Transient Occupancy Tax Audit Account to purchase street furniture, replace one tree, trim other trees, and do sidewalk repairs. The motion was seconded by Councilmember Peirce and carried unanimously. (5-0) B-2 PRESENTATION OF WATER INFRASTRUCTURE MASTER PLAN FOR POTABLE AND FIRE PROTECTION DEMANDS; (BOUCHER) Public Works Director Bill Boucher reviewed the Water Infrastructure Master Plan for • potable and fire protection demands and recommended the City Council adopt the Water Master Plan as submitted. • Mayor Novak opened the hearing for public comment. Harry Rogers stated impact fees should be for those who have paid for the improvements in the City. Mary Phillips stated the fire station in the Del -Mar area should be active for more fire safety in North Morro Bay. John Barta stated this water report represents all people in the City, and water rates should be charged the same for all. Mayor Novak closed the public comment hearing. Council consensus was in support of the Water Master Plan. MOTION: Councilmember Anderson moved the City Council adopt the Water Master Plan as presented. The motion was seconded by Councilmember Peters and carried unanimously. (5-0) 7 MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - DECEMBER 8, 1997 • B-3 REQUEST FOR POLICY DIRECTION ON SPECIAL WATER RATES; (BOUCHER) Public Works Director Bill Boucher stated the City's Water Fund's financial status is reaching the point where existing and proposed special consideration of particular types of users may lead to the need for a community -wide rate increase to compensate for lost revenue. He noted if the current and proposed special rate consideration continues, the reductions in annual revenue will likely entail mitigation through a community -wide increase. If the special consideration is discontinued, future rate increases can be deferred, barring subsequent additional revenue reductions. Mr. Boucher stated the current special water rate for the one health care facility reduces Water Fund revenues by approximately $32,500 per fiscal year. He recommended the City Council determine that special water rates are contrary to the general well-being of the community by adoption of Resolution No. 86-97 modifying the Master Fee Schedule for existing reduced water rates for Licensed Health Care Facilities to be the same as the prevailing community rates. Mayor Novak opened the hearing for public comment. John Barta addressed supply and demand. He stated he supports the resolution; however, • there is not a shortage of water now or in the future. Mr. Barta made the following suggestions: 1) retrofit should be ceased with the adoption of the City's water report by the Coastal Commission; 2) an increase in revenues should be implemented by requesting vacant lot owners to purchase a water meter for their lot; and 3) the school district should obtain 1" water lines instead of 3" lines. Mary Phillips stated the cost of living at SeaShell Communities is extremely high and should be able to afford their water. She also noted State Water is allowing her to quit her reverse osmosis system which also saves money. Harry Rogers stated the City should be run shrewdly, and special water rates should not be allowed. Mayor Novak closed the public comment hearing. Council consensus was to not allow special water rates. MOTION: Councilmember Elliott moved the City Council approve Resolution No. 86-97 which determines that special water rates are contrary to the general well-being of the community. The motion was seconded by Councilmember Peirce and carried unanimously. (5-0) • Mayor Novak called for a break at 9:28 p.m.; the meeting resumed at 9:37 p.m. E MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - DECEMBER 8, 1997 • C. UNFINISHED BUSINESS Mayor Novak recommended Council take the agenda out of order in order to hear Item C-2 next; Council concurred. C-2 RESOLUTION NO. 85-97 APPROVING AWARD OF VIDEO PRODUCTION SERVICES CONTRACT; (BOUCHER) Mayor Novak stepped down from discussion on this item due to a financial conflict of interest. Public Works Administrative Assistant Janeen Burlingame reviewed the Selection Committee recommendation on the award of Video Production Services Contract which was to reject the Request for Proposal (RFP) bids submitted and look for alternative ways to provide video production service of City meetings that have been provided by volunteers for the past 17 months. Ms. Burlingame also reviewed the following Public Works Advisory Board recommendations: • 1. Award the RFP bid to AGP Video for taping City Council meetings for three months (January, February, March); 2. Return after mid -year budget review for consideration of continuance to end of the fiscal year; 3. Direct staff to include a fiscally realistic video production fund request in the fiscal year 1998/1999 budget; and 4. Direct staff to investigate alternative funding sources for Channel 54. Ms. Burlingame then reviewed staff recommendations as follows: 1) Award the bid to AGP Video for taping City Council meetings only for three months (January, February, March 1998); and 2) Return after mid -year budget review for consideration of continuance to end of fiscal year; 3) direct staff to include a video production funds request in the fiscal year 1998/99 budget. MOTION: Councilmember Peters moved the City Council award the bid to AGP for three months, with the City's option to continue the agreement through the calendar year with available funding. The motion died for lack of a second. • 0 MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - DECEMBER 8, 1997 • MOTION: Councilmember Peters moved the City Council authorize staff to: 1) negotiate a three month contract with AGP seeking cost reductions to be extended at the sole option of the City Council should funding be otherwise made available; 2) return to the City Council after mid -year budget review for further consideration for funding of this contract for remainder of 1997/98 fiscal year; and 3) consider for full funding of this project in the 1998/99 fiscal year budget. The motion was seconded by Councilmember Peirce and carried. (4-0-1) MOTION: Councilmember Peters moved the City Council continue the meeting past 11:00 p.m. The motion was seconded by Councilmember Peirce and carried unanimously. (5-0) CA REVIEW OF CRITERIA FOR SPECIAL EVENTS TO BE BROADCAST ON CHANNEL 54; (BOUCHER) Public Works Administrative Assistant Janeen Burlingame reviewed the criteria for special events to be broadcast on Channel 54 and recommended the following: 1. Delete Items 5a, 5c and 5d from the policies and guidelines for Channel 54 • pertaining to school, Chamber and educational tapes; and 2. Amend Item 5b to include the City events listed on page two of the staff report (Attachment 1 for revised operating policies). Council amended Items 1, 4, and 6 on Attachment 1 - City Channel 54 Operating Policies and Guidelines MOTION: Councilmember Peirce moved the City Council approve Attachment 1 - City Channel 54 Operating Policies and Guidelines as amended. The motion was seconded by Councilmember Elliott and carried unanimously. (5-0) D. NEW BUSINESS D-1 CONSIDERATION OF HARBOR LEASE MANAGEMENT POLICY; (ALGERT) This item was pulled from the agenda. D-2 SCHEDULING FOR INTERVIEW DATE FOR APPOINTMENTS TO CITY COMMISSIONS AND ADVISORY BOARD VACANCIES; (ADMIN) • City Manager Dave Howell requested the City Council schedule a date for interviews to fill upcoming vacancies on City Commissions and Advisory Boards. 10 MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - DECEMBER 8, 1997 • The City Council directed staff to advertise the upcoming vacancies on City Commissions/Advisory Boards, and schedule the interview date for Thursday, January 22, 1998 at 6:30 p.m. D-3 APPOINTMENT OF VICE -MAYOR FOR ONE-YEAR TERM; (ADMIN) City Manager Dave Howell requested the City Council appoint a Council member to serve a one year term as Vice Mayor. Mayor Novak opened the floor for nominations. Councilmember Peters nominated Councilmember Elliott to serve as Vice Mayor for a one-year term MOTION: Councilmember Anderson moved the City Council close nominations and appoint Councilmember Elliott as Vice Mayor for a one-year term. The motion was seconded by Councilmember Peters and carried unanimously. (5-0) F. ADJOURNMENT • The meeting adjourned at 11:30 p.m. Recorded by: Bridgett Bauer City Clerk • 11 City of Morro Bay City Council Agenda Mission Statement The City of Morro Bay is dedicated to the preservation and enhancement of the quality of life. The City shall be committed to this purpose and will provide a level of municipal service and safety consistent with and responsive to the needs of the public. REGULAR MEETING - NOVEMBER 24,1997; 5:00 P.M. CLOSED SESSION - NOVEMBER 24, 1997 CITY HALL CONFERENCE ROOM - 5:00 P.M. 595 HARBOR ST., MORRO BAY, CA CS-1 GOVERNMENT CODE SECTION 54956.8; REAL PROPERTY TRANSACTIONS INSTRUCTING CITY'S REAL PROPERTY NEGOTIATOR REGARDING THE PRICE AND TERMS OF PAYMENT FOR THE PURCHASE, SALE, EXCHANGE, OR LEASE OF REAL PROPERTY AS TO ONE (1) PARCEL • PROPERTY: LEASE SITE 89/89W. • NEGOTIATING PARTIES: HARBOR DIRECTOR ON BEHALF OF • THE CITY, RALPH GUNTHER AND JOSEPH STEINMANN. • NEGOTIATIONS: CITY APPROVAL OF ASSIGNMENT FROM RALPH GUNTHER TO JOSEPH STEINMANN. CS-2 GOVERNMENT CODE SECTION 54957; PERSONNEL ISSUES DISCUSSIONS REGARDING PERSONNEL ISSUES INCLUDING TWO (2) PUBLIC EMPLOYEES REGARDING APPOINTMENT/COMPENSATION/ EVALUATION, SPECIFICALLY: (A) NEW CITY MANAGER, DAVID COLE REGARDING FINALIZING PROPOSED CONTRACT; AND (B) EVALUATION OF CURRENT CITY MANAGER HOWELL REGARDING STEP INCREASE. CS-3 GOVERNMENT CODE SECTION 54957.6, CONFERENCE WITH LABOR NEGOTIATOR CONFERENCE WITH CITY MANAGER HOWELL, 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 AS TO (A) REPRESENTED EMPLOYEES; AND (B) ONE UNREPRESENTED EMPLOYEE, THE FINANCE DIRECTOR. • IT IS NOTED THAT THE CONTENTS OF CLOSED SESSION MEETINGS ARE CONFIDENTIAL AND EXEMPT FROM DISCLOSURE. PUBLIC SESSION - NOVEMBER 24, 1997 VETERANS MEMORIAL HALL - 6:00 P.M. 209 SURF ST., MORRO BAY, CA ESTABLISH QUORUM AND CALL TO ORDER PRAYER 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 CITY COUNCIL MEETING OF NOVEMBER 10, 1997; (BAUER) RECOMMENDATION: Approve as submitted. A-2 STATEMENT OF CASH AND INVESTMENTS - OCTOBER 1997; (KOSER) RECOMMENDATION: Receive for information. • 2 A-3 EXPENDITURE REPORT - OCTOBER 1997; (KOSER) RECOMMENDATION: Approve as submitted. A-4 THIRD QUARTER 1997 SALES TAX REPORT; (KOSER) RECOMMENDATION: Receive for information. A-5 APPROVAL OF MORRO BAY-CAYUCOS SANITARY DISTRICT JOINT POWERS AUTHORITY ANNUAL AUDIT FOR FISCAL YEAR 1995/96; (KOSER) RECOMMENDATION: Approve the audit report. A-6 RESOLUTION NO. 81-97 APPROVING ASSIGNMENT OF LEASE AGREEMENT FOR LEASE SITES 89/89W: GUNTHER/STEINMANN; (ALGERT) RECOMMENDATION: Approve Resolution No. 81-97 authorizing assignment of lease agreement for Lease Site 89/89W from Ralph and Shirley Gunther to E. Kurt Steinmann contingent on City Attorney approval of final assignment and assumption documents. is A-7 RESOLUTION NO. 82-97 APPROVING SUBLEASE AGREEMENT FOR LEASE SITES 87-88/87W-88W: RETAIL BUSINESS FRONTING BOB'S SEAFOOD; (ALGERT) RECOMMENDATION: Approve Resolution No. 82-97 authorizing a sublease agreement with Larry Peterman, dba Hotlix, to operate a retail business on a portion of Lease Site 87-88/87W-88W. A-8 RESOLUTION NO. 80-97 APPROVING APPLICATION FOR GRANT FUNDS FOR THE ENVIRONMENTAL ENHANCEMENT AND MITIGATION PROGRAM FOR THE QUINTANA ROAD BIKEWAY PROJECT; (BOUCHER) RECOMMENDATION: Approve Resolution No. 80-97 and authorize the Mayor to sign the application for grant funds. A-9 RESOLUTION NO. 79-97 WITH FINDINGS TO RESTORE TWO-WAY TRAFFIC ON MONTEREY STREET BETWEEN PACIFIC AND HARBOR STREETS; (BOUCHER) • RECOMMENDATION: Approve Resolution No. 79-97 authorizing said restoration by Street Division personnel. 3 • A-10 NOTICE OF COMPLETION ON KINGS AVENUE WATER TANK: PW 96-02; (BOUCHER) RECOMMENDATION: Accept the project as complete as constructed by San Luis Tank and Piping Construction Co., Inc. and authorize filing of the Notice of Completion. A-11 APPROVAL OF JOB DESCRIPTION FOR PUBLIC WORKS/PLANNING DIRECTOR; (DAVIS) RECOMMENDATION: Approve job description as submitted. A-12 REQUEST FOR CONSENT TO THE CITY JOINING AS AN AMICUS IN SUPPORT OF THE CITY OF LONG BEACH IN LONG BEACH HERITAGE V. HARBOR COMMISSIONERS, (HUNT) RECOMMENDATION: Authorize City Attorney to forward City's consent in joining as an amicus in support of the City of Long Beach. B. PUBLIC HEARINGS. REPORTS & APPEARANCES • B-1 PRESENTATION ON FINAL REGIONAL URBAN DEVELOPMENT ASSISTANCE TEAM (RUDAT) REPORT - THIS ITEM HAS BEEN PULLED FROM THE AGENDA C. UNFINISHED BUSINESS C-1 REVIEW OF LANDSCAPING ASSESSMENT DISTRICTS AND CONCEPT; (LUEKER) AND LIGHTING MAINTENANCE CITY-WIDE ASSESSMENT DISTRICT RECOMMENDATION: 1) review report and determine philosophy of landscaping and lighting maintenance assessment districts for the current districts and determine a direction for future projects; 2) review concept of a city-wide assessment district; and 3) continue the existing assessment districts until a funding mechanism can be located. D. NEW BUSINESS D-1 PRESENTATION OF ANNUAL AUDIT REPORT FOR FISCAL YEAR 1996/97; (KOSER) • RECOMMENDATION: Accept the Fiscal Year 1996/97 Financial Audit Report. 4 • D-2 RESOLUTION NO. 83-97 APPROVING HARBOR DEPARTMENT RULES AND REGULATIONS; (ALGERT) RECOMMENDATION: Approve Resolution No. 83-97 adopting revised Harbor Department Rules and Regulations. D-3 CONSIDERATION OF TRAVELER'S ADVISORY RADIO; (LOVEN) RECOMMENDATION: Consider the purchase of a Traveler's Advisory Radio System that can serve both the visitors/tourist industry of the City along with the residents of the City as an emergency broadcast system. E. ADJOURNMENT • THIS AGENDA IS SUBJECT TO AMENDMENT UP TO 72 HOURS PRIOR TO THE DATE AND TIME SET FOR THE MEETING. PLEASE REFER TO THE AGENDA POSTED AT CITY HALL FOR ANY REVISIONS OR CALL THE CLERK'S OFFICE AT 772-6200 FOR FURTHER INFORMATION. COPIES OF STAFF REPORTS OR OTHER PUBLIC DOCUMENTATION RELATING TO EACH ITEM OF BUSINESS REFERRED TO ON THIS AGENDA ARE ON FILE IN THE OFFICE OF THE CITY CLERK AND AVAILABLE FOR PUBLIC INSPECTION AND REPRODUCTION AT COST AT CITY HALL, LIBRARY, AND MILLS STATIONERY. IN COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT, IF YOU NEED SPECIAL ASSISTANCE TO PARTICIPATE IN A CITY MEETING, PLEASE CONTACT THE CITY CLERK'S OFFICE AT LEAST 24 HOURS PRIOR TO THE MEETING TO INSURE THAT REASONABLE ARRANGEMENTS CAN BE MADE TO PROVIDE ACCESSIBILITY TO THE MEETING. E 47 MINUTES - MORRO BAY CITY COUNCIL CLOSED SESSION - NOVEMBER 24, 1997 CITY HALL CONFERENCE ROOM - 5:00 P.M. Mayor Novak called the meeting to order at 5:00 p.m PRESENT: Cathy Novak Mayor Rodger Anderson Councilmember Dave Elliott Councilmember William Peirce Councilmember Janice Peters Councilmember STAFF: Dave Howell City Manager David Hunt City Attorney CLOSED SESSION MOTION: Councilmember Peters moved the meeting be adjourned to Closed Session. The motion was seconded by Councilmember Peirce and unanimously carried. (5-0) • Mayor Novak 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: HARBOR DIRECTOR ON BEHALF OF THE CITY, RALPH GUNTHER AND JOSEPH STEINMANN. • NEGOTIATIONS: CITY APPROVAL OF ASSIGNMENT FROM RALPH GUNTHER TO JOSEPH STEINMANN. CS-2 GOVERNMENT CODE SECTION 54957, PERSONNEL ISSUES DISCUSSIONS REGARDING PERSONNEL ISSUES INCLUDING TWO (2) PUBLIC EMPLOYEES REGARDING APPOINTMENT/COMPENSATION/ EVALUATION, SPECIFICALLY: (A) NEW CITY MANAGER, DAVID COLE REGARDING FINALIZING PROPOSED CONTRACT; AND (B) EVALUATION OF CURRENT CITY MANAGER HOWELL REGARDING STEP INCREASE. CS-3 GOVERNMENT CODE SECTION 54957.6; CONFERENCE WITH LABOR NEGOTIATOR CONFERENCE WITH CITY MANAGER HOWELL, 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 AS TO (A) REPRESENTED EMPLOYEES; AND (B) ONE UNREPRESENTED EMPLOYEE, THE FINANCE DIRECTOR. The meeting adjourned to Closed Session at 5:00 p.m. and returned to regular session at 5:55 p.m. MOTION: Councilmember Peirce moved the meeting be adjourned. The motion was seconded by Councilmember Peters and unanimously carried. (5-0) The meeting adjourned at 5:55 p.m. • `1 2 MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - NOVEMBER 24, 1997 VETERANS MEMORIAL HALL - 6:00 P.M. Mayor Novak called the meeting to order at 6:00 p.m. ESTABLISH QUORUM AND CALL TO ORDER PRAYER PLEDGE OF ALLEGIANCE THOUGHT FOR THE DAY MAYOR'S REPORTS & ANNOUNCEMENTS CLOSED SESSION REPORT - City Attorney David Hunt made the following Closed Session announcements: 1) Council unanimously approved the regularly scheduled step increase for current City Manager, David W. Howell, from December 12, 1997 to December 29, 1997 which affects his long-term requirement income out of the Public Employee Retirement System. Mr. Hunt noted the State Personnel Retirement Board has invested this money which will be utilized for this purpose, and the financial impact to the City will be minimal; and 2) Based on Government Code, when the City considers to buy further retirement rights for a City employee (i.e. Jerry Ramos) a two week public • announcement is required. Mr. Hunt requested Council add Item A-13 (Request for Consent to the City Joining as an Amicus in Support of the City of Pacifica in Milagra Ridge Partners, Limited v. City of Pacifica) to the Consent Calendar. MOTION: Councilmember Peters moved the City Council add the Request for Consent to the City Joining as an Amicus in Support of the City of Pacifica in Milagra Ridge Partners, Limited v. City of Pacifica as Item A- 13 on the Consent Calendar. The motion was seconded by Councilmember Elliott and carried unanimously. (5-0) PUBLIC COMMENT Wendy Mosse, Executive Director for CASA Voices for Children, presented Chief Loven with a Certificate of Appreciation for his efforts in the "Kiss the Pig" benefit for abused children. Harry Rogers thanked Dave Howell for his assistance as City Manager. He also addressed Item C-1 (Review of Landscaping and Lighting Maintenance Assessment Districts and City -Wide Assessment District Concept) with suggestions on a city-wide assessment district to include improvements to City streets and sidewalks. 40 3 MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - NOVEMBER 24, 1997 VETERANS MEMORIAL HALL - 6:00 P.M. Mayor Novak called the meeting to order at 6:00 p.m. ESTABLISH QUORUM AND CALL TO ORDER PRAYER PLEDGE OF ALLEGIANCE THOUGHT FOR THE DAY MAYOR'S REPORTS & ANNOUNCEMENTS CLOSED SESSION REPORT - City Attorney David Hunt made the following Closed Session announcements: 1) Council unanimously approved the regularly scheduled merit step increase for current City Manager, David W. Howell, to be effective from December 12, 1997 to December 29, 1997. This increase affects his long-term requirement income out of the Public Employee Retirement System. Mr. Hunt noted the State Personnel Retirement Board has invested this money which will be utilized for this retirement purpose, and the financial impact to the City will be minimal; and 2) Based on Government Code Section 7507, when the City considers to buy further retirement rights for a City employee (i.e. Jerry Ramos) a two week public announcement is required. The City Council will decide at the December 8, 1997 meeting whether to buy three years of • service credit for Jerry Ramos for a cost of $34,276.50, using Mr. Ramos' accrued vacation hours which have a value of $34,895.77. Mr. Hunt requested Council add Item A-13 (Request for Consent to the City Joining as an Amicus in Support of the City of Pacifica in Milagra Ridge Partners, Limited v. City of Pacifica) to the Consent Calendar. MOTION: Councilmember Peters moved the City Council add the Request for Consent to the City Joining as an Amicus in Support of the City of Pacifica in Milagra Ridge Partners, Limited v. City of Pacifica as Item A- 13 on the Consent Calendar. The motion was seconded by Councilmember Elliott and carried unanimously. (5-0) PUBLIC COMMENT Wendy Mosse, Executive Director for CASA Voices for Children, presented Chief Loven with a Certificate of Appreciation for his efforts in the "Kiss the Pig" benefit for abused children. Harry Rogers thanked Dave Howell for his assistance as City Manager. He also addressed Item C-1 (Review of Landscaping and Lighting Maintenance Assessment Districts and City -Wide Assessment District Concept) with suggestions on a city-wide assessment district to include improvements to City streets and sidewalks. 3 MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - NOVEMBER 24, 1997 • Eric Ford and Charles Martin addressed Council regarding houses that are proposed to be built in front of their homes on Zanzibar Street where the height limit may exceed the 25 foot height limit. Leabah Winter, Recreation & Parks Commissioner, stated the Commission supports the continuance of the Landscaping and Lighting Maintenance Districts for the North Point and Cloisters subdivisions. Jim Nance stated the Cloisters Assessment District should be maintained by the property owners in the subdivision. Sandy Heilow stated the Welcome Christmas Tree will be located at the Senior Center at the Community Center instead of at the entrance of the City. Lynda Merrill requested Council consider the publication of Closed Session items. Bob Fredinelli, Morro Bay Power Plant Manager, addressed the sale of the PG&E Power Plant to Duke Energy which should take place within 4 months. John Barta acknowledged the positive aspects of the City. He also addressed the City's current Level 3 water conservation and requested Council consider its removal. • Bill Olson reported Morro Bay's water rates in comparison with Cambria's which are much higher. Neil Farrell, Chairman of the People's Park Committee, gave an update on the proposed pocket park and requested some information from the City in order to proceed. Mayor Novak closed the public comment hearing. DECLARATION OF FUTURE AGENDA ITEMS : Councilmember Elliott requested staff agendize: 1) the consideration to remove the City's current Level 3 Water Conservation status; and 2) adopt a resolution urging the Coastal Commission to place the City's Water Model on their agenda as soon as possible. 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 CITY COUNCIL MEETING OF NOVEMBER 10, 1997; (BAUER) RECOMMENDATION: Approve as submitted. 0 MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - NOVEMBER 24, 1997 • A-2 STATEMENT OF CASH AND INVESTMENTS - OCTOBER 1997; (KOSER) RECOMMENDATION: Receive for information. A-3 EXPENDITURE REPORT - OCTOBER 1997; (KOSER) RECOMMENDATION: Approve as submitted. A-4 THIRD QUARTER 1997 SALES TAX REPORT; (KOSER) RECOMMENDATION: Receive for information. A-5 APPROVAL OF MORRO BAY-CAYUCOS SANITARY DISTRICT JOINT POWERS AUTHORITY ANNUAL AUDIT FOR FISCAL YEAR 1995/96; (KOSER) RECOMMENDATION: Approve the audit report. A-6 RESOLUTION NO. 81-97 APPROVING ASSIGNMENT OF LEASE AGREEMENT FOR LEASE SITES 89/89W: GUNTHER/STEINMANN; • (ALGERT) RECOMMENDATION: Approve Resolution No. 81-97 authorizing assignment of lease agreement for Lease Site 89/89W from Ralph and Shirley Gunther to E. Kurt Steinmann contingent on City Attorney approval of final assignment and assumption documents. A-7 RESOLUTION NO. 82-97 APPROVING SUBLEASE AGREEMENT FOR LEASE SITES 87-88/87W-88W: RETAIL BUSINESS FRONTING BOB'S SEAFOOD; (ALGERT) RECOMMENDATION: Approve Resolution No. 82-97 authorizing a sublease agreement with Larry Peterman, dba Hotlix, to operate a retail business on a portion of Lease Site 87-88/87W-88W. A-8 RESOLUTION NO. 80-97 APPROVING APPLICATION FOR GRANT FUNDS FOR THE ENVIRONMENTAL ENHANCEMENT AND MITIGATION PROGRAM FOR THE QUINTANA ROAD BIKEWAY PROJECT; (BOUCHER) RECOMMENDATION: Approve Resolution No. 80-97 and authorize the Mayor • to sign the application for grant funds. 5 MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - NOVEMBER 24, 1997 • A-9 RESOLUTION NO. 79-97 WITH FINDINGS TO RESTORE TWO-WAY TRAFFIC ON MONTEREY STREET BETWEEN PACIFIC AND HARBOR STREETS; (BOUCHER) RECOMMENDATION: Approve Resolution No. 79-97 authorizing said restoration by Street Division personnel. A-10 NOTICE OF COMPLETION ON KINGS AVENUE WATER TANK: PW 96-02; (BOUCHER) RECOMMENDATION: Accept the project as complete as constructed by San Luis Tank and Piping Construction Co., Inc. and authorize filing of the Notice of Completion. A-11 APPROVAL OF JOB DESCRIPTION FOR PUBLIC WORKS/PLANNING DIRECTOR; (DAVIS) RECOMMENDATION: Approve job description as submitted. A-12 REQUEST FOR CONSENT TO THE CITY JOINING AS AN AMICUS IN • SUPPORT OF THE CITY OF LONG BEACH IN LONG BEACH HERITAGE V. HARBOR COMMISSIONERS; (HUNT) • RECOMMENDATION: Authorize City Attorney to forward City's consent in joining as an amicus in support of the City of Long Beach. A-13 REQUEST FOR CONSENT TO THE CITY JOINING AS AN AMICUS IN SUPPORT OF THE CITY OF PACIFICA IN MILAGRA RIDGE PARTNERS, LIMITED V. CITY OF PACIFICA RECOMMENDATION: Authorize City Attorney to forward City's consent in joining as an amicus in support of the City of Pacifica. Councilmember Peters pulled Items A-1 and A-6 from the Consent Calendar; Councilmember Peirce pulled Items A-4 and A-1 l; and Mayor Novak pulled Item A-8. MOTION: Councilmember Elliott moved the City Council approve the Consent Calendar with the exception of Items A-1, A-4, A-6, A-8 and A-11. The motion was seconded by Councilmember Anderson and carried unanimously. (5-0) G MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - NOVEMBER 24, 1997 • A-1 APPROVAL OF MINUTES FOR THE REGULAR CITY COUNCIL MEETING OF NOVEMBER 10, 1997; (BAUER) Councilmember Peters noted a correction on Page 4, Item C-1 (Consideration of Hiring a Consultant to Analyze the Sonic Franchise Assignment to Charter Communications) and stated the discussion of appointing an Ad -Hoc Committee, including herself and Councilmember Peirce, to assist in the analysis of the transfer application documentation from Charter Communications for the assignment of the Cable Television Franchise. She requested this be placed in the motion; Council concurred. MOTION: Councilmember Peters moved the City Council approve Item A-1 as amended. The motion was seconded by Councilmember Peirce and carried unanimously. (5-0) A-4 THIRD QUARTER 1997 SALES TAX REPORT; (KOSER) Councilmember Peirce requested clarification for public information. Finance Director Jim Koser presented a brief overview of the staff report for public information. MOTION: Councilmember Peirce moved the City Council approve Item A-4 of the • Consent Calendar. The motion was seconded by Councilmember Anderson and carried unanimously. (5-0) A-6 RESOLUTION NO. 81-97 APPROVING ASSIGNMENT OF LEASE AGREEMENT FOR LEASE SITES 89/89W: GUNTHER/STEINMANN; (ALGERT) Councilmember Peters requested clarification on which parts of the lease sites are being considered. Harbor Director Rick Algert responded graphically this assignment includes Marine Ways, Bob's Sport Fishing, and the Golden Swan Gift Shop. MOTION: Councilmember Peters moved the City Council approve Item A-6 of the Consent Calendar. The motion was seconded by Councilmember Peirce and carried unanimously. (5-0) A-8 RESOLUTION NO. 80-97 APPROVING APPLICATION FOR GRANT FUNDS FOR THE ENVIRONMENTAL ENHANCEMENT AND MITIGATION PROGRAM FOR THE QUINTANA ROAD BIKEWAY PROJECT; (BOUCHER) Mayor Novak requested clarification on this application for grant funds. Public Works • Director Bill Boucher responded this particular grant application requires the connection to a previously -approved project (such as the Twin Bridges Project) to provide for environmental mitigations which are above and beyond what the project required. 7 • • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - NOVEMBER 24, 1997 MOTION: Councilmember Elliott moved the City Council approve Item A-8 of the Consent Calendar. The motion was seconded by Councilmember Anderson and carried unanimously. (5-0) A-11 APPROVAL OF JOB DESCRIPTION FOR PUBLIC WORKS/PLANNING DIRECTOR; (DAVIS) Councilmember Peirce noted the proposed job description lacks experience from the private industry which may be helpful in understanding what happens on the other side of the counter. Staff noted the following addition under Education and Experience: Five years of increasingly responsible experience in municipal public works, planning and building, and engineering functions; or equivalent private sector experience; at least five years in a management or supervisory capacity. MOTION: Councilmember Peirce moved the City Council approve Item A-11 of the Consent Calendar as amended. The motion was seconded by Councilmember Peters and carried unanimously. (5-0) B. PUBLIC HEARINGS. REPORTS & APPEARANCES B-1 PRESENTATION ON FINAL REGIONAL URBAN DEVELOPMENT ASSISTANCE TEAM (RUDAT) REPORT This item was pulled from the agenda. Mayor Novak called for a break at 7:15 p.m.; the meeting resumed at 7:25 p.m. C. UNFINISHED BUSINESS C-1 REVIEW OF LANDSCAPING ASSESSMENT DISTRICTS AND CONCEPT; (LUEKER) AND LIGHTING MAINTENANCE CITY-WIDE ASSESSMENT DISTRICT Recreation and Parks Director Andrea Lueker reported the City of Morro Bay, as well as a number of communities in California, have used Landscaping and Lighting Maintenance Assessment Districts as a way to fund the ongoing maintenance of parks. These districts traditionally have boundaries that include the parcels in a subdivision and those parcel owners are charged an assessment each year on their property tax bill. The assessment is collected by the County and given to the City to offset the yearly costs of maintenance of the park/open space. She noted the City of Morro Bay has been involved with three Landscaping and Lighting Maintenance Assessment Districts, which include Bayshore Bluffs, North Point and The Cloisters Subdivisions. 0 MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - NOVEMBER 24, 1997 • Ms. Lueker made the following recommendations to the City Council: 1) review report and determine philosophy of landscaping and lighting maintenance assessment districts for the current districts and determine a direction for future projects; 2) review concept of a city-wide assessment district; and 3) continue the existing assessment districts until a funding mechanism can be located. MOTION: Councilmember Anderson moved the City Council approve the maintenance of the existing Landscaping and Lighting Maintenance Assessment Districts be continued until a funding mechanism can be located that would neither impact the Recreation and Parks Department General Fund nor place the responsibility of fiscal support of the two newest parks (North Point and The Cloisters) on the existing property owners in Morro Bay. The motion was seconded by Councilmember Peters. Council deliberated the motion on the floor. MOTION: Councilmember Elliott called for the question. The motion was seconded by Councilmember Peirce and carried unanimously. (5-0) • VOTE: The motion failed with Councilmember Elliott, Councilmember Peirce and Mayor Novak voting no. (2-3) MOTION: Councilmember Elliott moved the City Council direct staff to further investigate assessment districts, and return with a more comprehensive report in February 1998. The motion was seconded by Councilmember Peirce and carried with Councilmember Anderson and Councilmember Peters voting no. (3-2) Mayor Novak called for a break at 9:00 p.m.; the meeting resumed at 9:08 p.m. D. NEW BUSINESS (This item was heard prior to Item C-1) D-1 PRESENTATION OF ANNUAL AUDIT REPORT FOR FISCAL YEAR 1996/97; (KOSER) Finance Director Jim Koser reviewed and recommended the City Council approve the Annual Audit Report for Fiscal Year 1996/97. • Council received a presentation by Mike Butcher of Butcher & Chambers whose firm performed the audit of the City's books of account. 0 MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - NOVEMBER 24, 1997 MOTION: Councilmember Peirce moved the City Council approve the Annual Audit Report for Fiscal Year 1996/97. The motion was seconded by Councilmember Elliott and carried unanimously. (5-0) D-2 RESOLUTION NO. 83-97 APPROVING HARBOR DEPARTMENT RULES AND REGULATIONS; (ALGERT) Harbor Director Rick Algert reviewed the proposed revisions to the Harbor Department Rules and Regulations and recommended the City Council approve these revisions by adoption of Resolution No. 83-97. MOTION: Councilmember Peters moved the City Council adopt Resolution No. 83- 97 approving the Harbor Department Rules and Regulations. The motion was seconded by Councilmember Peirce and carried unanimously. (5-0) D-3 CONSIDERATION OF TRAVELER'S ADVISORY RADIO; (LOVEN) Police Chief Joe Loven reported as a result of the concerns and discussions for both emergency preparedness due to the forecasted El Nino, and the City's interest in increasing the communications with motorists and tourists passing through the City of • Morro Bay, an interest has been expressed to consider the purchase of a city -owned Travelers Advisory Radio System. He noted estimates for the purchase and installation of a travelers radio station would be approximately $12,000, with minimal on -going operational and maintenance costs. Chief Loven recommended the City Council consider the purchase of a Traveler's Advisory Radio System that can serve both the visitors/tourist industry of the City along with the residents of the City as an emergency broadcast system. Councilmember Peirce requested this item be agendized, and reviewed the benefits this would serve to the City. Council consensus was to approve the purchase of a Traveler's Advisory Radio System after the completion of the 1998/99 budget review, or sooner if funding is located. F. ADJOURNMENT The meeting adjourned at 9:45 p.m. Recorded by: • Bridgett Bauer City Clerk 10 City of Morro Bay a City Council Agenda Mission Statement The City of Mono 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 10, 1997 VETERANS MEMORIAL HALL - 6:00 P.M. 209 SURF ST., MORRO BAY, CA ESTABLISH QUORUM AND CALL TO ORDER PRAYER 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 CITY COUNCIL MEETING OF OCTOBER 27, 1997; (BAUER) RECOMMENDATION: Approve as submitted. is A-2 RESOLUTION NO. 77-97 APPROVING FIRE DEPARTMENT AUTOMATIC AID • AGREEMENTS WITH THE CALIFORNIA DEPARTMENT OF FORESTRY AND SOUTH BAY FIRE DEPARTKMENT; (JONES) RECOMMENDATION: Approve Resolution No. 77-97 authorizing Fire Department Automatic Aid Agreements with CDF and South Bay Fire Dept. A-3 RESOLUTION NO. 75-97 ACCEPTING OFFER OF DEDICATION - 998 EMBARCADERO/ WAVELENGTHS - HISCHIER, OWNER; (BOUCHER) RECOMMENDATION: Approve Resolution No. 75-97 accepting the offer of dedication for public street sidewalk purposes. A-4 RESOLUTION NO. 78-97 AWARDING 6.48 WATER EQUIVALENCY UNITS FROM THE CITY'S RETROFIT BANK AT THE REQUEST OF PEOPLES' SELF HELP HOUSING CORPORATION FOR 12 APARTMENT UNITS; (NAUMAN) RECOMMENDATION: Approve Resolution No. 78-97 awarding 6.48 water equivalency units from the retrofit program "bank" to PSHHC for the construction of 12 apartment units, affordable to low income families at 375 Sequoia Street. • A-5 REJECTION OF CLAIM AGAINST THE CITY - PHILLIPS; (DAVIS) RECOMMENDATION: Reject the claim. B. PUBLIC HEARINGS. REPORTS & APPEARANCES B-1 APPROVAL OF URGENCY ORDINANCE NO. 464 TEMPORARILY RESTRICTING TWO-STORY CONSTRUCTION, ROOF DECKS AND MANUFACTURING HOUSING IN THE BEACH TRACT; (NAUMAN) RECOMMENDATION: Adopt Ordinance No. 464 extending the interim ordinance prohibiting two-story construction, including roof decks, on properties located in the Beach Tracts (west of Highway 1 and north of Azure Street). C. UNFINISHED BUSINESS C-1 CONSIDERATION OF HIRING A CONSULTANT TO ANALYZE THE SONIC FRANCHISE ASSIGNMENT TO CHARTER COMMUNICATIONS; (BOUCHER) RECOMMENDATION: Authorize hiring a consultant to analyze the transfer • application documentation from Charter Communications for the assignment of the Cable Television Franchise. • C-2 CONSIDERATION OF PUBLIC TREE REMOVAL POLICY AND FUNDING; (BOUCHER) RECOMMENDATION: Consider policy and direct staff accordingly. C-3 ORDINANCE NO. 462 AMENDING AND ADOPTING CERTAIN SECTIONS OF THE MORRO BAY MUNICIPAL CODE REGULATING ALCOHOLIC BEVERAGES ON PUBLIC PROPERTY - SECOND READING/ADOPTION; (LOVEN) RECOMMENDATION: Approve second reading and adoption of Ordinance No. 462. C-4 ORDINANCE NO. 463 REVISING ORDINANCES 116, 124, 259, 308 AND CHAPTER 10.32 OF THE MORRO BAY MUNICIPAL CODE TO MODIFY THE STATE SPEED LIMIT ON CERTAIN STREETS - SECOND READING/ADOPTION; (BOUCHER) RECOMMENDATION: Approve second reading and adoption of Ordinance No. 463. D. NEW BUSINESS • D-1 CONSIDERATION OF RESTORATION OF TWO-WAY TRAFFIC ON MONTEREY AVENUE AND MORRO BAY BOULEVARD; (BOUCHER) RECOMMENDATION: Consider this item and direct staff accordingly. D-2 RESOLUTION NO. 76-97 AUTHORIZING SUBMISSION OF SURFACE TRANSPORTATION PROGRAM FUNDING APPLICATIONS FOR QUINTANA ROAD BIKEWAY, HIGH SCHOOL BIKEWAY AND ROUNDABOUT STUDY PROJECTS; (BOUCHER) RECOMMENDATION: Approve Resolution No. 76-97 authorizing submission of STP funding applications for the Quintana Road bikeway, high school bikeway and roundabout study projects. E. ADJOURNMENT THIS AGENDA IS SUBJECT TO AMENDMENT UP TO 72 HOURS PRIOR TO THE DATE AND TIME SET FOR THE MEETING. PLEASE REFER TO THE AGENDA POSTED AT CITY HALL FOR ANY REVISIONS OR CALL THE CLERK'S OFFICE AT 772-6200 FOR FURTHER INFORMATION. COPIES OF STAFF REPORTS OR OTHER PUBLIC DOCUMENTATION RELATING TO EACH ITEM OF BUSINESS REFERRED TO ON THIS AGENDA ARE ON FILE IN THE OFFICE OF THE CITY . CLERK AND AVAILABLE FOR PUBLIC INSPECTION AND REPRODUCTION AT COST AT CITY HALL, LIBRARY, AND MILLS STATIONERY. IN COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT, IF YOU NEED SPECIAL ASSISTANCE TO PARTICIPATE IN A CITY MEETING, PLEASE CONTACT THE CITY CLERK'S OFFICE AT LEAST 24 HOURS PRIOR TO THE MEETING TO INSURE THAT REASONABLE ARRANGEMENTS CAN BE MADE TO PROVIDE ACCESSIBILITY TO THE MEETING. • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - NOVEMBER 10, 1997 VETERANS MEMORIAL HALL - 6:00 P.M. Mayor Novak called the meeting to order at 6:00 p.m. ESTABLISH QUORUM AND CALL TO ORDER PRAYER PLEDGE OF ALLEGIANCE THOUGHT FOR THE DAY MAYOR'S REPORTS & ANNOUNCEMENTS CLOSED SESSION REPORT - City Manager Dave Howell reported the City Council adjourned to Closed Session at their October 27, 1997 meeting. At that time, the City Council directed the City Manager to enter into negotiations in order to settle the Worker's Compensation claim filed by Joseph Simas. PUBLIC COMMENT Bob Dockerty, American Star Tours, addressed the advertisement of a touring competitor in the City's "Tide" Publication. • Lionel Johnston addressed the diseased pine trees in the City and made suggestions on their maintenance, and noted other native trees that would grow well in the City. The following people spoke in opposition to Ordinance No. 462 regulating alcoholic beverages on public property: Sherry Childers, Jim Ross, Dan Healy, and Jim Childers. Lynda Merrill requested the City consider publishing the Closed Session agenda for public awareness. She also noted the regulation of alcohol in public places is used by other agencies and expressed support for the adoption of Ordinance No. 462. Leabah Winter, Recreation & Parks Commissioner and member of the Estero Bay Youth Coalition, stated Ordinance No. 462 is supported by both the Commission and Youth Coalition in order to keep alcohol away from kids. Neil Farrell noted a meeting is scheduled for Thursday, November 13th at 6:00 p.m. at Two Dogs Coffee Shop to discuss the proposed pocket park. Steve Mathieu addressed Item C-1 (Consideration of Hiring a Consultant to Analyze the Sonic Franchise Assignment to Charter Communications) and requested that members of the community have input during negotiations on necessary equipment needed in the production of City meetings. 40 DECLARATION OF FUTURE AGENDA ITEMS - None. MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - NOVEMBER 10, 1997 • 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 CITY COUNCIL MEETING OF OCTOBER 27, 1997; (BAUER) RECOMMENDATION: Approve as submitted. A-2 RESOLUTION NO. 77-97 APPROVING FIRE DEPARTMENT AUTOMATIC AID AGREEMENTS WITH THE CALIFORNIA DEPARTMENT OF FORESTRY AND SOUTH BAY FIRE DEPARTKMENT; (JONES) RECOMMENDATION: Approve Resolution No. 77-97 authorizing Fire Department Automatic Aid Agreements with CDF and South Bay Fire Dept. A-3 RESOLUTION NO. 75-97 ACCEPTING OFFER OF DEDICATION - 998 EMBARCADERO/ WAVELENGTHS - HISCHIER, OWNER; (BOUCHER) RECOMMENDATION: Approve Resolution No. 75-97 accepting the offer of • dedication for public street sidewalk purposes. is A-4 RESOLUTION NO. 78-97 AWARDING 6.48 WATER EQUIVALENCY UNITS FROM THE CITY'S RETROFIT BANK AT THE REQUEST OF PEOPLES' SELF HELP HOUSING CORPORATION FOR 12 APARTMENT UNITS; (NAUMAN) RECOMMENDATION: Approve Resolution No. 78-97 awarding 6.48 water equivalency units from the retrofit program "bank" to PSHHC for the construction of 12 apartment units, affordable to low income families at 375 Sequoia Street. A-5 REJECTION OF CLAIM AGAINST THE CITY - PHILLIPS; (DAVIS) RECOMMENDATION: Reject the claim. Councilmember Anderson pulled Item A-3 from the Consent Calendar. MOTION: Councilmember Peirce moved the City Council approve the Consent Calendar with the exception of Item A-3. The motion was seconded by Councilmember Elliott and carried unanimously. (5-0) 2 • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - NOVEMBER 10, 1997 A-3 RESOLUTION NO. 75-97 ACCEPTING OFFER OF DEDICATION - 998 EMBARCADERO/ WAVELENGTHS - HISCHIER, OWNER; (BOUCHER) Councilmember Anderson stated he will be stepping down on the decision of this item due to a conflict of interest being his business is across the street from this business. MOTION: Councilmember Peters moved the City Council approve Resolution No. 75-97 accepting the Offer of Dedication at 998 Embarcadero. The motion was seconded by Councilmember Peirce and carried with Councilmember Anderson abstaining due to a conflict of interest. (4-0-1) B. PUBLIC HEARINGS. REPORTS & APPEARANCES B-1 APPROVAL OF URGENCY ORDINANCE NO. 464 TEMPORARILY RESTRICTING TWO-STORY CONSTRUCTION, ROOF DECKS AND MANUFACTURING HOUSING IN THE BEACH TRACT; (NAUMAN) Acting Planning Director Shauna Nauman recommended the City Council adopt Ordinance No. 464 extending the interim ordinance prohibiting two-story construction, • including roof decks, on properties located in the Beach Tracts (west of Highway 1 and north of Azure Street) as discussed by the City Council at their October 27th meeting. Mayor Novak opened the hearing for public comment. Art Stansbury and Leabah Winter thanked Council for their efforts in the adoption of this ordinance. John Barta, Planning Commissioner, requested Council enact this ordinance to allow the Planning Commission time to review the issue. Mayor Novak closed the public comment hearing. MOTION: Councilmember Anderson moved the City Council approve the second reading and adoption of Ordinance No. 464 extending the interim ordinance prohibiting two-story construction, including roof decks, on properties located in the Beach Tracts (west of Highway 1 and north of Azure Street). The motion was seconded by Councilmember Peirce and carried unanimously. (5-0) City Manager Dave Howell read Ordinance No. 464 by title and number only. • RI MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - NOVEMBER 10, 1997 • C. UNFINISHED BUSINESS C-1 CONSIDERATION OF HIRING A CONSULTANT TO ANALYZE THE SONIC FRANCHISE ASSIGNMENT TO CHARTER COMMUNICATIONS; (BOUCHER) Administrative Assistant Janeen Burlingame stated on August 19, 1997, Sonic Cable Television of San Luis Obispo entered into a contract with Charter Communications to sell those assets which comprise the franchise to operate a cable television system within the City of Morro Bay. Mono Bay Municipal Code Section 3.50.350(A) requires that Charter Communications must agree in writing to comply with all provisions of the ordinance and franchise agreement and establish to the satisfaction of the grantor its financial and technical capability. In order to meet these requirements, Ms. Burlingame recommended the City Council authorize hiring a consultant to analyze the transfer application documentation from Charter Communications for the assignment of the Cable Television Franchise. MOTION: Councilmember Peters moved the City Council authorize staff to hire a consultant to analyze the transfer application documentation from Charter Communications for the assignment of the Cable Television Franchise; also with direction that in the proposed franchise agreement, the addition • that the cable company will pay for future consultant expenses; and approve the formation of an Ad -Hoc Committee to include Council representation of Councilmember Peirce and Councilmember Peters, to assist in the review of this transfer application documentation. The motion was seconded by Councilmember Peirce and carried with Councilmember Elliott voting no. (4-1) (Addition to motion made by Councilmember Peters and approved by Council on 11/24/97). C-2 CONSIDERATION OF PUBLIC TREE REMOVAL POLICY AND FUNDING; (BOUCHER) Public Works Director Bill Boucher stated for the last several years, pine pitch canker has spread through the community's Monterey Pine urban forest, killing or severely impacting dozens of large, mature trees on both public and private lands. He noted the Public Works Department has maintained a list of the public trees within the City, of which are dead or severely diseased, and are candidates for removal due to safety considerations. Mr. Boucher stated there are no monies in the current fiscal year budget for removal of these trees and requested the City Council consider the tree removal policy and direct staff accordingly. This item was requested to be placed on the agenda by Councilmember Peters. She • shared the following suggestions for Council's review, and stated she would like to find a creative way to resolve this problem in order to remove the danger element from the affected homes: 4 MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - NOVEMBER 10, 1997 • 1) Have the property owners remove the trees endangering their homes, with City permission, and allow for a partial or full reimbursement to the property owners for the removal of the public right-of-way trees; 2) Prune the diseased trees in order to eliminate eminent danger, and plant vines along the trunks; and/or 3) Contact tree removal businesses and see if the City can obtain a break in cost to contract for the removal of the 43 listed trees. City Attorney Rob Shultz did not recommend allowing private property owners to remove public right-of-way trees due to City liability. Mayor Novak suggested Council direct staff to contact local agencies (California Conservation Corps/California Department of Forestry/County of San Luis Obispo) regarding assistance in the removal of the listed trees. Council concurred and requested staff provide a follow-up report to Council noting the options and costs as soon as possible. Mayor Novak called for a break at 8:02 p.m.; the meeting resumed at 8:12 p.m. C-3 ORDINANCE NO. 462 AMENDING AND ADOPTING CERTAIN SECTIONS OF THE MORRO BAY MUNICIPAL CODE REGULATING ALCOHOLIC • BEVERAGES ON PUBLIC PROPERTY - SECOND READING/ADOPTION; (LOVEN) • City Manager Dave Howell recommended the City Council approve the second reading and adoption of Ordinance No. 462. MOTION: Councilmember Anderson moved the City Council approve the second reading and adoption of Ordinance No. 462 adopting certain sections of the Morro Bay Municipal Code regulating alcoholic beverages on public property. The motion was seconded by Councilmember Peters and carried unanimously. (5-0) City Manager Dave Howell read Ordinance No. 462 by title and number only. C-4 ORDINANCE NO. 463 REVISING ORDINANCES 116, 124, 259, 308 AND CHAPTER 10.32 OF THE MORRO BAY MUNICIPAL CODE TO MODIFY THE STATE SPEED LIMIT ON CERTAIN STREETS - SECOND READING/ADOPTION; (BOUCHER) Public Works Director Bill Boucher recommended the City Council approve the second reading and adoption of Ordinance No. 463. 5 MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - NOVEMBER 10, 1997 • MOTION: Councilmember Elliott moved the City Council approve the second reading and adoption of Ordinance No. 463 revising Ordinance Nos. 116, 124, 259, 308 and Chapter 10.32 of the Morro Bay Municipal Code to modify the State speed limit on certain streets. The motion was seconded by Councilmember Peters and carried unanimously. (5-0) City Manager Dave Howell read Ordinance No. 463 by title and number only. D. NEW BUSINESS D-1 CONSIDERATION OF RESTORATION OF TWO-WAY TRAFFIC ON MONTEREY AVENUE AND MORRO BAY BOULEVARD; (BOUCHER) Public Works Director Bill Boucher reviewed the restoration of two-way traffic on Monterey Avenue and Morro Bay Boulevard between Pacific and Harbor Streets which would cost $4,000 to remove existing one-way and angle parking delineation and install two-way markings. He requested Council discuss and direct staff accordingly. Council requested staff return to Council with a resolution restoring the two-way traffic on Monterey Avenue and Morro Bay Boulevard between Pacific and Harbor Streets with cost alternatives. • D-2 RESOLUTION NO. 76-97 AUTHORIZING SUBMISSION OF SURFACE TRANSPORTATION PROGRAM (STP) FUNDING APPLICATIONS FOR QUINTANA ROAD BIKEWAY, HIGH SCHOOL BIKEWAY AND ROUNDABOUT STUDY PROJECTS; (BOUCHER) Public Works Director Bill Boucher stated the programming cycle for the 1998/1999 through 2002/2003 fiscal years has begun with the submission of funding applications for the amount of $3,057,712 are available and funding applications were due October 22, 1997. He recommended Council approve Resolution No. 76-97 authorizing submission of STP funding applications for the Quintana Road bikeway, high school bikeway and roundabout study project. MOTION: Councilmember Peters moved the City Council approve Resolution No. 76-97 authorizing submission of STP funding applications for the Quintana Road bikeway, high school bikeway and roundabout study project. The motion was seconded by Councilmember Peirce and carved unanimously. (5-0) F. ADJOURNMENT - The meeting adjourned at 8:55 p.m. • Recorded by- dgett uer City Cler 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. 77w City shall be committed to this purpose and will provide a heel of municipal service and safety consistent vrith and responsive to the needs of the public. REGULAR MEETING - OCTOBER 27,1997; 5:00 P.M. CLOSED SESSION - OCTOBER 27,1997 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 54956.9(B). CONFERENCE WITH LEGAL COUNSEL DUE TO SIGNIFICANT EXPOSURE TO LITIGATION • SIGNIFICANT EXPOSURE TO LITIGATION EXISTS BASED UPON EXISTING FACTS AND THE ADVICE OF LEGAL COUNSEL AS TO TWO (2) MATTERS: A. CRAIG DONVILLE CLAIM ARISING OUT OF AN AUTOMOBILE ACCIDENT ON SOUTH BAY BOULEVARD IN FEBRUARY OF 1997. B. SAN LUIS COASTAL UNIFIED SCHOOL DISTRICT'S ASSERTION OF A RIGHT TO WHEEL WATER THROUGH THE CITY'S WATER DISTRIBUTION SYSTEM AND ITS THREAT OF LITIGATION REGARDING THE SAME. CS-3 GOVERNMENT CODE SECTION 54957; PERSONNEL ISSUES • DISCUSSIONS REGARDING PERSONNEL ISSUES INCLUDING ONE (1) PUBLIC EMPLOYEE REGARDING DISCIPLINEIRELEASEIEVALUATION, SPECIFICALLY CONSIDERATION OF APPOINTING A SUCCESSOR CITY MANAGER. u • CS-4 GOVERNMENT CODE SECTION 54957.6: CONFERENCE WITH LABOR NEGOTIATOR • CONFERENCE WITH 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, IN PREPARATION FOR NEGOTIATIONS OF RENEWAL OF ALL LABOR M.O.U.'S. PUBLIC SESSION - OCTOBER 27,1997 VETERANS MEMORIAL HALL - 6:00 P.M. 209 SURF ST., MORRO BAY, CA ESTABLISH QUORUM AND CALL TO ORDER PRAYER 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. Ir7 • A-1 APPROVAL OF MINUTES FOR THE REGULAR CITY COUNCIL MEETING OF SEPTEMBER 22, 1997; (BAUER) RECOMMENDATION: Approve as submitted. A-2 STATEMENT OF CASH AND INVESTMENTS-SEPTEMBER 1997; (KOSER) RECOMMENDATION: Receive for information. A-3 EXPENDITURE REPORT - SEPTEMBER 1997; (KOSER) RECOMMENDATION: Approve as submitted. A-4 RESOLUTION NO. 73-97 AUTHORIZING INCREASED CREDIT LINE AND USE OF CITY CREDIT CARDS; (KOSER) RECOMMENDATION: Approve Resolution No. 73-97. A-5 RESOLUTION NO. 71-97 TO ACQUIRE FEDERAL SURPLUS PROPERTY; (KOSER) • RECOMMENDATION: Approve Resolution No. 71-97 authorizing the City to participate in the California State Agency for surplus property program. A-6 APPROVAL OF MARINA SQUARE PARKING IN -LIEU PAYMENT PLAN CONTRACT; (KOSER) RECOMMENDATION: Approve the contract between the City of Morro Bay and Morro Bay Marina. A-7 AUTHORIZATION TO INITIATE A De MINIMIS AMENDMENT TO THE LOCAL COASTAL PLAN AND ZONING ORDINANCE INCLUDING STANDARDS FOR THE S.2A OVERLAY STANDARDS TO LIMIT RESIDENCES TO ONE STORY; (NAUMAN) RECOMMENDATION: Authorize staff to initiate three Zoning Ordinance amendments as de minimis requests to amend the City's Local Coastal Program. A-8 AMENDMENT TO LICENSE AGREEMENT ON SYLVESTER'S TUG SERVICE FOR BERTHING TUGS AT THE NORTH T-PIER; (ALGERT) RECOMMENDATION: Authorize the Mayor to execute an amendment to the license agreement with Sylvester's Tug Service for berthing of one vessel at the North T- • Pier. 3 A-9 RESOLUTION NO. 72-97 AUTHORIZING ASSIGNMENT OF LEASE • AGREEMENT FOR LEASE SITE 65-66/65W-66W; (ALGERT) RECOMMENDATION: Approve Resolution No. 72-97 authorizing assignment of the lease agreement for Lease Site 65-66/65W-66W from James and Beverly Maul to Abba and Kristen Imani. A-10 REJECTION OF CLAIM AGAINST THE CITY - BLACKBURN; (DAVIS) RECOMMENDATION: Reject claim. A-11 PROCLAMATION DECLARING OCTOBER 23-31, 1997 AS "RED RIBBON WEEK'; (LOVEN) RECOMMENDATION: Adopt proclamation. A-12 RESOLUTION NO. 74-97 OPPOSING PROPOSED REDUCTION IN QUOTAS FOR TRAWL FISHING; (ALGERT) RECOMMENDATION: Approve Resolution No. 74-97 recommending the Pacific Fisheries Management Council eliminate the proposed new monthly trawl fishing quotas. • B. PUBLIC HEARINGS REPORTS & APPEARANCES • B-1 PRESENTATION ON FEASIBILITY OF ROUNDABOUT AT MORRO BAY BOULEVARD/HIGHWAY ONE/QUINTANA ROAD - THIS ITEM HAS BEEN PULLED FROM THE AGENDA. B-2 ORDINANCE NO. 462 AMENDING AND ADOPTING CERTAIN SECTIONS OF THE MORRO BAY MUNICIPAL CODE REGULATING ALCOHOLIC BEVERAGES ON PUBLIC PROPERTY -FIRST READING/INTRODUCTION; (LOVEN) RECOMMENDATION: Approve first reading and introduction of Ordinance No. 462. B-3 ORDINANCE NO. 463 REVISING ORDINANCE NOS. 116, 124, 259, 308 AND CHAPTER 10.32 OF THE MORRO BAY MUNICIPAL CODE TO MODIFY THE STATE SPEED LIMIT ON CERTAIN STREETS -FIRST READING/INTRODUCTION; (BOUCHER) RECOMMENDATION: Approve first reading and introduction of Ordinance No. 463. 4 • C. UNFINISHED BUSINESS C-1 REVIEW OF LANDSCAPING AND LIGHTING MAINTENANCE ASSESSMENT DISTRICTS AND CITY-WIDE ASSESSMENT DISTRICT CONCEPT; (LUEKER) - CONTINUED TO THE NOVEMBER 24,1997 CITY COUNCIL MEETING. D. NEW BUSINESS D-1 REVIEW OF DRAFT REQUEST FOR PROPOSALS FOR VIDEO PRODUCTION SERVICES FOR CITY COUNCIL MEETINGS; (BOUCHER) RECOMMENDATION: 1) Review draft Request for Proposals and contract for Video Production Services and approve for dissemination on October 28, 1997; 2) Review the Special Event criteria for broadcast on Channel 54; and 3) Authorize re -commencement of negotiations with Sonic Cable. D-2 CONSIDERATION OF PUBLIC TREE REMOVAL POLICY AND FUNDING; (BOUCHER) RECOMMENDATION: Consider policy and direct staff accordingly. • D-3 CONSIDERATION REGARDING THE REORGANIZATION OF THE PUBLIC WORKS AND PLANNINGIBUILDING DEPARTMENTS;(HOWELL) RECOMMENDATION: Discuss and consider the ramifications of combining these departments under one Department Head. E. ADJOURNMENT THIS AGENDA IS SUBJECT TO AMENDMENT UP TO 72 HOURS PRIOR TO THE DATE AND TIME SET FOR THE MEETING. PLEASE REFER TO THE AGENDA POSTED AT CITY HALL FOR ANY REVISIONS OR CALL THE CLERK'S OFFICE AT 772-6200 FOR FURTHER INFORMATION. COPIES OF STAFF REPORTS OR OTHER PUBLIC DOCUMENTATION RELATING TO EACH ITEM OF BUSINESS REFERRED TO ON THIS AGENDA ARE ON FILE IN THE OFFICE OF THE CITY CLERK AND AVAILABLE FOR PUBLIC INSPECTION AND REPRODUCTION AT COST AT CITY HALL, LIBRARY, AND MILLS STATIONERY. IN COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT, IF YOU NEED SPECIAL ASSISTANCE TO PARTICIPATE IN A CITY MEETING, PLEASE CONTACT THE CITY CLERK'S OFFICE AT LEAST 24 HOURS PRIOR TO THE MEETING TO INSURE THAT REASONABLE • ARRANGEMENTS CAN BE MADE TO PROVIDE ACCESSIBILITY TO THE MEETING. 5 • MINUTES - MORRO BAY CITY COUNCIL CLOSED SESSION - OCTOBER 27, 1997 CITY HALL CONFERENCE ROOM - 5:00 P.M. Mayor Novak called the meeting to order at 5:00 p.m PRESENT: Cathy Novak Mayor Rodger Anderson Councilmember Dave Elliott Councilmember William Peirce Councilmember Janice Peters Councilmember STAFF: Dave Howell City Manager David Hunt City Attorney CLOSED SESSION MOTION: Councilmember Peirce moved the meeting be adjourned to Closed Session. The motion was seconded by Councilmember Peters and unanimously carried. (5-0) • Mayor Novak 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 GOVERNMENT CODE SECTION 54956.9(13); CONFERENCE WITH LEGAL COUNSEL DUE TO SIGNIFICANT EXPOSURE TO LITIGATION • SIGNIFICANT EXPOSURE TO LITIGATION EXISTS BASED UPON EXISTING FACTS AND THE ADVICE OF LEGAL COUNSEL AS TO TWO (2) MATTERS: A. CRAIG DONVILLE CLAIM ARISING OUT OF AN AUTOMOBILE ACCIDENT ON SOUTH BAY BOULEVARD IN FEBRUARY OF 1997. 0 • B. SAN LUIS COASTAL UNIFIED SCHOOL DISTRICT'S ASSERTION OF A RIGHT TO WHEEL WATER THROUGH THE CITY'S WATER DISTRIBUTION SYSTEM AND ITS THREAT OF LITIGATION REGARDING THE SAME. CS-3 GOVERNMENT CODE SECTION 54957: PERSONNEL ISSUES • DISCUSSIONS REGARDING PERSONNEL ISSUES INCLUDING ONE (1) PUBLIC EMPLOYEE REGARDING DISCIPLINE/RELEASE/EVALUATION, SPECIFICALLY CONSIDERATION OF APPOINTING A SUCCESSOR CITY MANAGER. CS-4 GOVERNMENT CODE SECTION 54957.6• CONFERENCE WITH LABOR NEGOTIATOR • CONFERENCE WITH 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, IN • PREPARATION FOR NEGOTIATIONS OF RENEWAL OF ALL LABOR M.O.U.'S. The meeting adjourned to Closed Session at 5:00 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 Peters and unanimously carried. (5-0) The meeting adjourned at 5:55 p.m. 9 MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - OCTOBER 27, 1997 VETERANS MEMORIAL HALL - 6:00 P.M. Mayor Novak called the meeting to order at 6:00 p.m. ESTABLISH QUORUM AND CALL TO ORDER PRAYER PLEDGE OF ALLEGIANCE THOUGHT FOR THE DAY MAYOR'S REPORTS & ANNOUNCEMENTS CLOSED SESSION REPORT - City Attorney David Hunt reported the City Council took the following action in Closed Session: 1) CS-2(B) - unanimous vote to authorize the City Manager to negotiate a win -win resolution with the San Luis Coastal Unified School District with regard to water wheeling through the City's water distribution system so long as there is no adverse impact on the rate payers in the City. • 2) CS-3 - unanimous vote to appoint David Cole as City Manager commencing December 1, 1997. The City Manager addressed the need for City Council action on the issue of authority to settle the Joseph Simas Worker's Compensation Claim before the next meeting. The City Council, by unanimous vote, added Item CS-5 to the Closed Session Agenda to be discussed under Government Code Section 54956.95 as possible settlement of a Worker's Compensation claim. PUBLIC COMMENT The following people expressed opposition to Item A-7 (Authorization to initiate a de minimis amendment to the Local Coastal Plan and Zoning Ordinance including standards for the S.2A overlay standards to limit residences to one story): Art Stansbury, Barbara Playan, Genevieve Bauble, Monica Olhausen, and Jim Nance. Bud Zeuschner stated a temporary building moratorium in the beach tract would be in order to allow staff time to properly address the zoning issues relating to the beach tract. Mary Phillips gave credit to all the people who assisted in obtaining funding for the harbor dredging project. 3 Morro Bay City Council - Regular Meeting October 27, 1997 • Roger Ellis addressed the poor condition of the City's streets which are a hazard to the public. John Barta expressed congratulations to the City for the following: 1) in obtaining funding for the harbor dredging project, 2) in the hire of the new City Manager, and 3) for the purchase of a surplus modular building. Mr. Barta also noted the importance of how City issues are published, and how it should be clear and easily understood by the public. Wally McCray congratulated the City for their efforts in obtaining recent grants, and also thanked those who have assisted in the City's Adopt -a -Tree Program and their efforts in maintaining 80 trees in the City. Ann Patton addressed concern with the combining of the Planning/Building and Public Works Departments due to the numerous areas related to the two departments, and requested Council consider the Planning Commission and Public Works Advisory Board in their deliberations on this merger. David Burch thanked the City for its efforts in opposing the proposed reduction in quotas for trawl fishing. • Steve Mathieu addressed Item D-1 (Review of Draft RFP's for Video Production Services for City Council Meetings) stating the proposed insurance requirements could cause broadcasting to be cost prohibitive. Ed Ewing addressed the proposed reduction in quotas for trawl fishing. Laree Gruendler stated she lives across the street from where construction is taking place at the Cloister's property, and noted the heavy equipment being used has caused damage to the street in front of her property. Adrian Combs stated he is happy to be a part of Channel 54's volunteers. DECLARATION OF FUTURE AGENDA ITEMS - None. A. CONSENT CALENDAR Unless an item is pulled for separate action by the City Council, the following actions are approved without discussion. A-1 APPROVAL OF MINUTES FOR THE REGULAR CITY COUNCIL MEETING OF SEPTEMBER 22, 1997; (BAUER) • RECOMMENDATION: Approve as submitted. • Morro Bay City Council - Regular Meeting October 27, 1997 A-2 STATEMENT OF CASH AND INVESTMENTS-SEPTEMBER 1997; (KOSER) RECOMMENDATION: Receive for information. A-3 EXPENDITURE REPORT - SEPTEMBER 1997; (KOSER) RECOMMENDATION: Approve as submitted. A-4 RESOLUTION NO. 73-97 AUTHORIZING INCREASED CREDIT LINE AND USE OF CITY CREDIT CARDS; (KOSER) RECOMMENDATION: Approve Resolution No. 73-97. A-5 RESOLUTION NO. 71-97 TO ACQUIRE FEDERAL SURPLUS PROPERTY; (KOSER) RECOMMENDATION: Approve Resolution No. 71-97 authorizing the City to participate in the California State Agency for surplus property program. A-6 APPROVAL OF MARINA SQUARE PARKING IN -LIEU PAYMENT PLAN • CONTRACT; (KOSER) is RECOMMENDATION: Approve the contract between the City of Morro Bay and Morro Bay Marina. A-7 AUTHORIZATION TO INITIATE A De MINIMIS AMENDMENT TO THE LOCAL COASTAL PLAN AND ZONING ORDINANCE INCLUDING STANDARDS FOR THE S.2A OVERLAY STANDARDS TO LIMIT RESIDENCES TO ONE STORY; (NAUMAN) RECOMMENDATION: Authorize staff to initiate three Zoning Ordinance amendments as de minimis requests to amend the City's Local Coastal Program. A-8 AMENDMENT TO LICENSE AGREEMENT ON SYLVESTER'S TUG SERVICE FOR BERTHING TUGS AT THE NORTH T-PIER; (ALGERT) RECOMMENDATION: Authorize the Mayor to execute an amendment to the license agreement with Sylvester's Tug Service for berthing of one vessel at the North T-Pier. 5 Morro Bay City Council - Regular Meeting October 27, 1997 • A-9 RESOLUTION NO. 72-97 AUTHORIZING ASSIGNMENT OF LEASE AGREEMENT FOR LEASE SITE 65-66/65W-66W; (ALGERT) RECOMMENDATION: Approve Resolution No. 72-97 authorizing assignment of the lease agreement for Lease Site 65-66/65W-66W from James and Beverly Maul to Abba and Kristen Imani. A-10 REJECTION OF CLAIM AGAINST THE CITY - BLACKBURN; (DAVIS) RECOMMENDATION: Reject claim. A-11 PROCLAMATION DECLARING OCTOBER 23-31, 1997 AS "RED RIBBON WEEK'; (LOVEN) RECOMMENDATION: Adopt proclamation. A-12 RESOLUTION NO. 74-97 OPPOSING PROPOSED REDUCTION IN QUOTAS FOR TRAWL FISHING; (ALGERT) RECOMMENDATION: Approve Resolution No. 74-97 recommending the Pacific • Fisheries Management Council eliminate the proposed new monthly trawl fishing quotas. • Councilmember Peters pulled Items A-4 and A-6 from the Consent Calendar; Councilmember Peirce pulled Item A-7; and Councilmember Elliott pulled Item A-12. MOTION: Councilmember Peirce moved the City Council approve the Consent Calendar with the exception of Items A-4, A-6, A-7, and A-12. The motion was seconded by Councilmember Peters and carried unanimously. (5-0) A-4 RESOLUTION NO. 73-97 AUTHORIZING INCREASED CREDIT LINE AND USE OF CITY CREDIT CARDS; (KOSER) Councilmember Peters asked for clarification regarding the internal controls of City credit card usage. Finance Director Jim Koser responded the City receives a monthly statement from Mid State Bank; when received, the City's Accounts Payable Clerk matches the statement with credit card transaction slips prepared by the credit card users. n Morro Bay City Council - Regular Meeting October 27, 1997 • MOTION: Councilmember Peters moved the City Council approve Resolution No. 73-97 authorizing increased credit line and use of City credit cards. The motion was seconded by Councilmember Anderson and carried unanimously. (5-0) A-6 APPROVAL OF MARINA SQUARE PARKING IN -LIEU PAYMENT PLAN CONTRACT; (KOSER) Councilmember Peters asked for clarification on the percentage rate proposed in the staff report. Finance Director Jim Koser responded that through negotiations between City staff and the Marina Square representative, it was found that the 6% interest rate is a reasonable rate for the duration of the payment plan. MOTION: Councilmember Peters moved the City Council approve the Marina Square Parking In -Lieu Payment Plan Contract. The motion was seconded by Councilmember Peirce and carried unanimously. (5-0) A-7 AUTHORIZATION TO INITIATE A De MINIMIS AMENDMENT TO THE isLOCAL COASTAL PLAN AND ZONING ORDINANCE INCLUDING STANDARDS FOR THE S.2A OVERLAY STANDARDS TO LIMIT RESIDENCES TO ONE STORY; (NAUMAN) Councilmember Peirce asked if there are any pending permits in this area? Acting Planning Director Shauna Nauman was unable to respond at this time. City Attorney David Hunt clarified CC&R's can be upheld as civil action. Mayor Novak recommended this item be discussed as a New Business Item; Council concurred. MOTION: Councilmember Peirce moved the City Council move Item A-7 under the New Business Section of this agenda. The motion was seconded by Councilmember Anderson and carried unanimously. (5-0) A-12 RESOLUTION NO. 74-97 OPPOSING PROPOSED REDUCTION IN QUOTAS FOR TRAWL FISHING; (ALGERT) Councilmember Elliott encouraged citizens to write their local legislators regarding this issue. 7 Morro Bay City Council - Regular Meeting October 27, 1997 • MOTION: Councilmember Elliott moved the City Council approve Resolution No. 74-97 opposing the proposed reduction in quotas for trawl fishing. The motion was seconded by Councilmember Peters and carried unanimously. (5-0) Mayor Novak called for a break at 7:22 p.m.; the meeting resumed at 7:42 p.m. B. PUBLIC HEARINGS REPORTS & APPEARANCES B-1 PRESENTATION ON FEASIBILITY OF ROUNDABOUT AT MORRO BAY BOULEVARD/HIGHWAY ONE/QUINTANA ROAD This item was pulled from the agenda. B-2 ORDINANCE NO. 462 AMENDING AND ADOPTING CERTAIN SECTIONS OF THE MORRO BAY MUNICIPAL CODE REGULATING ALCOHOLIC BEVERAGES ON PUBLIC PROPERTY -FIRST READING/INTRODUCTION; (LOVEN) Police Chief Joe Loven introduced and recommended approval of the first reading of • Ordinance No. 462 containing several revisions to the Morro Bay Municipal Code regulating the possession and consumption of alcoholic beverages on public property in the City. Mayor Novak opened the hearing for public comment. Charles Palmer asked if there is a provision to obtain a special permit to provide alcohol on City property for special occasions. Councilmember Anderson responded such a permit is obtainable through the Recreation & Parks Department. John Barta challenged the statement that problematic occurrences happen often; and noted, this ordinance will cause a responsible individual to be treated as a criminal. Mary Phillips agreed with Mr. Barta. Harry Rogers stated these laws are necessary for those who are not model citizens. Art Stansbury stated these laws are necessary to keep the City clean. • Mayor Novak closed the public comment hearing. 0 • • Morro Bay City Council - Regular Meeting October 27, 1997 MOTION: Councilmember Anderson moved the City Council approve the first reading and introduction of Ordinance No. 462. The motion was seconded by Councilmember Elliott and carried with Councilmember Peirce voting no. (4-1) City Manager Dave Howell read Ordinance No. 462 by title and number only. B-3 ORDINANCE NO. 463 REVISING ORDINANCE NOS. 116, 124, 259, 308 AND CHAPTER 10.32 OF THE MORRO BAY MUNICIPAL CODE TO MODIFY THE STATE SPEED LIMIT ON CERTAIN STREETS -FIRST READING/INTRODUCTION; (BOUCHER) Public Works Director Bill Boucher introduced and recommended approval of the first reading of Ordinance No. 463 revising Ordinance Nos. 116, 124, 259, 308, and Chapter 10.32 of the Morro Bay Municipal Code in order to update the current traffic survey and modify the state speed limit on certain streets in the City. Mayor Novak opened the hearing for public comment. Leabah Winter addressed the speed limit on Highway One. Mary Phillips stated there is a stretch of highway by San Diego which is 35 mph. Charles Palmer stated there are a couple of streets in town which are difficult to maintain at 25 mph. Mayor Novak closed the public comment hearing. MOTION: Councilmember Elliott moved the City Council approve the first reading and introduction of Ordinance No. 463. The motion was seconded by Councilmember Peters and carried unanimously. (5-0) City Manager Dave Howell read Ordinance No. 463 by title and number only. Mayor Novak called for a break at 9:34 p.m.; the meeting resumed at 9:50 p.m. C. UNFINISHED BUSINESS C-1 REVIEW OF LANDSCAPING ASSESSMENT DISTRICTS AND CONCEPT; (LUEKER) AND LIGHTING MAINTENANCE CITY-WIDE ASSESSMENT DISTRICT • This item was continued to the November 24, 1997 City Council meeting. L': Morro Bay City Council - Regular Meeting October 27, 1997 • D. NEW BUSINESS D-I(a) AUTHORIZATION TO INITIATE A De MINIMIS AMENDMENT TO THE LOCAL COASTAL PLAN AND ZONING ORDINANCE INCLUDING STANDARDS FOR THE S.2A OVERLAY STANDARDS TO LIMIT RESIDENCES TO ONE STORY; (NAUMAN) Mayor Novak recommended the City Council adopt an urgency ordinance placing a temporary building moratorium in the beach tract in order to allow staff time to properly address the zoning issues relating to the beach tract; Council concurred. MOTION: Councilmember Elliott moved the City Council hereby finds a threat to the public peace, health, and safety of the residents in the Beach Tracts in the City of Morro Bay, specifically, those tracts west of State Highway One and north of Azure Street, and basing Council's action on this immediate threat, do further ordain that for those Beach Tracts as defined, no further building permit applications will be accepted for processing of any improvement which exceeds the requirements of the former S.2A Overlay as defined under former Morro Bay Municipal Code Section 17.40.050, prior to the recently enacted amendment. This moratorium shall last for • thirty (30) days while the City considers returning the regulations for the S.2 Overlay standards to their previous requirements and contemplates the adoption of an amendment to its Zoning Ordinance and Local Coastal Plan. Council further directs staff to bring back, for Council approval, a formal urgency ordinance within thirty (30) days of this meeting. The motion was seconded by Councilmember Anderson and carried unanimously. (5-0) MOTION: Councilmember Anderson moved the City Council authorize staff to initiate a de minimis amendment to the Local Coastal Plan and Zoning Ordinance including standards for the S.2A overlay standards to limit residences to one-story in the beach tract. The motion was seconded by Councilmember Elliott and carried unanimously. (5-0) MOTION: Councilmember Anderson moved the City Council go beyond 11:00 p.m. in order to continue with the agenda. The motion was seconded by Councilmember Peters and carried unanimously. (5-0) D-I(b) REVIEW OF DRAFT REQUEST FOR PROPOSALS FOR VIDEO PRODUCTION SERVICES FOR CITY COUNCIL MEETINGS; (BOUCHER) • Administrative Assistant Janeen Burlingame reviewed the draft Request for Proposal (RFP) for video production services to tape the City's government meetings for broadcast 10 Morro Bay City Council - Regular Meeting October 27, 1997 • on Channel 54. Ms. Burlingame recommended the City Council 1) review the draft Request for Proposals and contract for Video Production Services and approve for dissemination on October 28, 1997; 2) review the special event criteria for broadcast on Channel 54; and 3) authorize re -commencement of negotiations with Sonic Cable. Councilmember Peters suggested the City Council form an ad -hoe committee to discuss negotiations with Sonic Cable; she volunteered to serve on this committee. MOTION: Councilmember Peters moved the City Council approve the draft Request for Proposal with the amendments made by Council for dissemination on October 28, 1997; direct staff to form an ad -hoc committee, to include herself and Councilmember Peirce, to discuss negotiations with Sonic Cable; and continue discussion of the special event criteria for broadcast on Channel 54 to the November 24, 1997 City Council meeting. The motion was seconded by Councilmember Peirce and carried unanimously. (5-0) D-3 CONSIDERATION OF PUBLIC TREE REMOVAL POLICY AND FUNDING; (BOUCHER) 0 This item was continued to the November 10, 1997 City Council meeting. D-3 CONSIDERATION REGARDING THE REORGANIZATION OF THE PUBLIC WORKS AND PLANNINGBUILDING DEPARTMENTS;(HOWELL) City Manager Dave Howell reviewed the potential reorganization of the Public Works and Planning/Building Departments, and recommended the City Council discuss and consider the ramifications of combining these departments under one Department Head. MOTION: Councilmember Peirce moved the City Council approve the reorganization of the Planning/Building and Public Works Departments; and authorize staff to draft a job description for Council approval for a Department Head/Engineer to manage both departments. The motion was seconded by Councilmember Peters and carried unanimously. (5-0) F. ADJOURNMENT - The City Council adjourned to Closed Session at 11:25 p.m Recorded by: &41ti • Bridgettauer City Clerk 11 0 NOTICE OF SPECIAL MEETING NOTICE IS HEREBY GIVEN that the Morro Bay City Council will be holding a Special Meeting on Wednesday, October 22, 1997 at 7:00 p.m. to be held at the City Hall Conference Room, 595 Harbor Street, Morro Bay, California, in order to interview applicants for vacancies on the Planning Commission and Public Works Advisory Board. DATED: October 3, 1997 • City of Morro Bay Special City Council Meeting Wednesday, October 22,1997, 7:00 pm City Hall Conference Room Present: Councilmembers Anderson, Elliott, Peirce, Peters, Mayor Novak Absent: none Staff Present: Jim Koser, Acting City Manager Shauna Nauman, Interim Planning & Building Director The meeting convened at 7:00 pm Mayor Novak made opening remarks explaining the purpose of the meeting and the ground rules for interviews (20 Minute Limit) The following applicants appeared before the City Council to answer questions and present their qualifications (in order of appearance): April R. Ford (Planning Commission applicant) Gerald D. Luhr (Planning Commission applicant) • Lee M. Greenawalt (Public Works Advisory Board applicant) Mary A. Trudeau (P.C. and P.W.A.B. applicant) Ric Deschler (P.C. and P.W.A.B. applicant) Interviews were completed at 8:35 pm. The Mayor discussed whether or not Council deliberations should be videotaped, each member of the Council stated their preferences on the matter and consensus was to not tape deliberations. The Council took a short break at 8:40 pm The meeting reconvened at 8:55 pm After short discussion, Councilmember Elliott moved that April Ford be appointed to the Planning Commission and Ric Descheler be appointed to the Public Works Advisory Board to complete the respective terms of the individuals who had resigned. Councilmember Peters seconded the motion and it was approved unanimously, without further discussion. Councilmember Peirce requested that the remaining applicants receive letters thanking them for their participation and encouraging them to apply again. The meeting adjourned at 9:06 pm. • UV MWP 10]2).CC �,,.,� PUBLIC NOTICE �J NOTICE IS HEREBY GIVEN that the Morro Bay City Council has canceled their regularly scheduled meeting of Monday, October 13, 1997. The next regular meeting will be held on Monday, October 27, 1997 at 6:00 p.m. in the Veterans Memorial Building, 209 Surf St., Mono Bay, CA. Dated: October 6, 1997 • W Ardith Davis, Deputy City Clerk City of Morro Bay, California • NOTICE OF SPECIAL MEETING NOTICE IS HEREBY GIVEN that the Morro Bay City Council will be holding a Special Closed Session Meeting on Saturday, September 27, 1997 at 8:00 a.m. to be held at the Morro Bay Community Center Senior Lounge, 1001 Kennedy Way, Morro Bay, California in order to interview candidates for the position of City Manager. DATED: September 22, 1997 • BRIDGETT 4UER, City Clerk 0 • MINUTES - MORRO BAY CITY COUNCIL CLOSED SESSION - SEPTEMBER 27, 1997 COMMUNITY CENTER, SENIOR LOUNGE - 9:00 A.M. Mayor Novak called the meeting to order at 9:00 a.m PRESENT: Cathy Novak Mayor Rodger Anderson Councilmember Dave Elliott Councilmember William Peirce Councilmember Janice Peters Councilmember STAFF: Dave Howell City Manager CLOSED SESSION MOTION: Councilmember Peters moved the meeting be adjourned to Closed Session. The motion was seconded by Councilmember Anderson and unanimously carried. (5-0) The City Council conducted interviews for the position of City Manager. • MOTION: Councilmember Elliott moved the City Council approve to rank Dave Cole as first candidate for the position of City Manager. The motion was seconded by Councilmember Anderson and carried unanimously. (5-0) MOTION: Councilmember Elliott moved the City Council approve to rank Steve Adams as second candidate for the position of City Manager. The motion was seconded by Councilmember Anderson and carried with Councilmember Peters dissenting. (4-1) MOTION: Councilmember Peirce moved the City Council authorize the City Manager to perform a background check on Dave Cole. The motion was seconded by Councilmember Peters and carried unanimously. (5-0) Council returned to Open Session. MOTION: Councilmember Elliott moved the meeting be adjourned. The motion was seconded by Councilmember Anderson and carried unanimously. (5-0) The meeting adjourned at 6:00 p.m. P 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 22, 1997; 5:00 P.M. CLOSED SESSION - SEPTEMBER 22, 1997 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 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 • A. AL JORGE PROPERTY • PROPERTY: VACANT LOT LOCATED BETWEEN MAIN ST., HARBOR ST., MORRO BAY BLVD. AND MONTEREY ST • NEGOTIATING PARTIES: HARBOR DIRECTOR AND/OR CITY MANAGER ON BEHALF OF THE CITY; AL JORGE ON BEHALF OF THE OWNERS • NEGOTIATIONS: POSSIBLE VOLUNTARY PURCHASE B. VACANT LOT ACROSS FROM MARINA SQUARE • PROPERTY: VACANT LOT ACROSS THE STREET FROM MARINA SQUARE • NEGOTIATING PARTIES: CITY MANAGER HOWELL; STAN TRAPP FOR PROPERTY OWNER • NEGOTIATIONS: POSSIBLE LEASE FOR PARKING LOT C. NELSON/GARRIS PROPERTY • PROPERTY: DRIFTWOOD/MAIN/MORRO • NEGOTIATING PARTIES: CITY MANAGER HOWELL; NELSON/ GARRIS • NEGOTIATIONS: POSSIBLE VOLUNTARY PURCHASE IT IS NOTED THAT THE CONTENTS OF CLOSED SESSION MEETINGS ARE • CONFIDENTIAL AND EXEMPT FROM DISCLOSURE. PUBLIC SESSION - SEPTEMBER 22, 1997 VETERANS MEMORIAL HALL - 6:00 P.M. 209 SURF ST., MORRO BAY, CA ESTABLISH QUORUM AND CALL TO ORDER PRAYER 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 CITY COUNCIL MEETING OF SEPTEMBER 8, 1997; (BAUER) RECOMMENDATION: Approve minutes as submitted. 2 • A-2 STATEMENT OF CASH AND INVESTMENTS - AUGUST 1997; (KOSER) RECOMMENDATION: Receive for information. A-3 EXPENDITURE REPORT - AUGUST 1997; (KOSER) RECOMMENDATION: Approve report as submitted. A-4 QUARTERLY SALES TAX REPORT; (KOSER) RECOMMENDATION: Receive report for information. A-5 REJECTION OF CLAIM AGAINST THE CITY; ZIEGLER; (DAVIS) RECOMMENDATION: Reject the claim as recommended by City's insurance adjusters. A-6 RESOLUTION NO. 68-97 IN SUPPORT OF SB368 FOR PVEA FUNDING FOR YERBA BUENA STOPLIGHT; (HOWELL) RECOMMENDATION: Approve Resolution No. 68-97; send a copy to Governor Wilson. • A-7 RESOLUTION NO. 70-97 PROHIBITING SKATING AND SKATE- BOARDING AT THE HARBOR FESTIVAL SITE; (LOVEN) RECOMMENDATION: Approve Resolution No. 70-97. B. PUBLIC HEARINGS, REPORTS & APPEARANCES B-1 CONSIDERATION OF PUBLIC, EDUCATIONAL AND GOVERNMENT (PEG) ACCESS ON CHANNEL 54; (BOUCHER) RECOMMENDATION: Continue broadcasting City Council and Board/ Commission meetings on a contract for services basis, and broadcast Special Events per the current operating guidelines on a volunteer basis. B-2 REVIEW OF WATERFRONT MASTER PLAN AND WATER ACCESS ECONOMICS REPORT; (NAUMAN) RECOMMENDATION: Discuss the Waterfront Master Plan, consider any necessary changes, and consider adding the Boating Access Facility Committee conceptual plan. 3 • • • C. UNFINISHED BUSINESS C-1 REVIEW OF LANDSCAPING ASSESSMENT DISTRICTS AND CONCEPT; (LUEKER) AND LIGHTING MAINTENANCE CITY-WIDE ASSESSMENT DISTRICT RECOMMENDATION: 1) determine philosophy of Landscaping and Lighting Assessment Districts for the current districts and determine a direction for future projects; 2) review the concept of a city-wide assessment district; and 3) continue the existing Landscaping and Lighting Assessment Districts until a funding mechanism can be located. D. NEW BUSINESS D-1 CONSIDERATION OF TROLLEY PROGRAM AND USE OF THE TROLLEY FOR HARBOR FESTIVAL; (BOUCHER) RECOMMENDATION: Consider option to 1) charge Harbor Festival Committee for use of trolley for the Harbor Festival; or 2) waive the trolley fee and allocate funds for the operations/maintenance and lost fares by approval of Resolution No. 69-97. D-2 STATUS REPORT ON CITY DISTRIBUTION OF STATE WATER; (BOUCHER) RECOMMENDATION: Receive report for information. D-3 DISCUSSION OF CITY DISASTER PREPAREDNESS PLAN; (JONES) RECOMMENDATION: Receive report and consider increasing the City's ability to combat the potentially severe effects of the El Nino by approving an emergency allocation of $16,000 to be used to purchase storm -related equipment, upgrade the Fire Department's primary communication system, and direct the Fire Department to conduct a community workshop on winter storm preparedness. D-4 RESOLUTION NO. 66-97 APPROVING FINAL APPROPRIATIONS FOR FISCAL YEAR 1996/97; (KOSER) RECOMMENDATION: Approve Resolution No. 66-97. 4 • E. ADJOURNMENT THIS AGENDA IS SUBJECT TO AMENDMENT UP TO 72 HOURS PRIOR TO THE DATE AND TIME SET FOR THE MEETING. PLEASE REFER TO THE AGENDA POSTED AT CITY HALL FOR ANY REVISIONS OR CALL THE CLERK'S OFFICE AT 772-6200 FOR FURTHER INFORMATION. COPIES OF STAFF REPORTS OR OTHER PUBLIC DOCUMENTATION RELATING TO EACH ITEM OF BUSINESS REFERRED TO ON THIS AGENDA ARE ON FILE IN THE OFFICE OF THE CITY CLERK AND AVAILABLE FOR PUBLIC INSPECTION AND REPRODUCTION AT COST AT CITY HALL, LIBRARY, AND MILLS STATIONERY. IN COMPLIANCE WITH THE AMERICANS WITH DISABILITIES • ACT, IF YOU NEED SPECIAL ASSISTANCE TO PARTICIPATE IN A CITY MEETING, PLEASE CONTACT THE CITY CLERK'S OFFICE AT LEAST 24 HOURS PRIOR TO THE MEETING TO INSURE THAT REASONABLE ARRANGEMENTS CAN BE MADE TO PROVIDE ACCESSIBILITY TO THE MEETING. • 5 • MINUTES - MORRO BAY CITY COUNCIL CLOSED SESSION - SEPTEMBER 22, 1997 CITY HALL CONFERENCE ROOM - 5:00 P.M. Mayor Novak called the meeting to order at 5:00 p.m. PRESENT: Cathy Novak Mayor Rodger Anderson Councilmember Dave Elliott Councilmember William Peirce Councilmember ABSENT: Janice Peters Councilmember STAFF: Dave Howell City Manager David Hunt City Attorney CLOSED SESSION • MOTION: Councilmember Anderson moved the meeting be adjourned to Closed Session. The motion was seconded by Councilmember Elliott and unanimously carried. (4-0) Mayor Novak read the Closed Session statement. CS-1 GOVERNMENT CODE SECTION 54956.8; REAL PROPERTY TRANS- ACTIONS 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 A. AL JORGE PROPERTY • PROPERTY: VACANT LOT LOCATED BETWEEN MAIN ST., HARBOR ST., MORRO BAY BLVD. AND MONTEREY ST • NEGOTIATING PARTIES: HARBOR DIRECTOR AND/OR CITY MANAGER ON BEHALF OF THE CITY; AL JORGE ON BEHALF OF THE OWNERS • NEGOTIATIONS: POSSIBLE VOLUNTARY PURCHASE 11 • B. VACANT LOT ACROSS FROM MARINA SQUARE PROPERTY: VACANT LOT ACROSS THE STREET FROM MARINA SQUARE • NEGOTIATING PARTIES: CITY MANAGER HOWELL; STAN TRAPP FOR PROPERTY OWNER • NEGOTIATIONS: POSSIBLE LEASE FOR PARKING LOT C. NELSON/GARRIS PROPERTY • PROPERTY: DRIFTWOOD/MAIN/MORRO • NEGOTIATING PARTIES: CITY MANAGER HOWELL; NELSON/ GARRIS NEGOTIATIONS: POSSIBLE VOLUNTARY PURCHASE The meeting adjourned to Closed Session at 5:00 p.m. and returned to regular session at 5:50 p.m. MOTION: Councilmember Anderson moved the meeting be adjourned. The motion was seconded by Councilmember Elliott and unanimously carried. (4-0) • The meeting adjourned at 5:50 p.m. • 2 MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - SEPTEMBER 22, 1997 VETERANS MEMORIAL HALL - 6:00 P.M. Mayor Novak called the meeting to order at 6:00 p.m. ESTABLISH QUORUM AND CALL TO ORDER PRAYER PLEDGE OF ALLEGIANCE THOUGHT FOR THE DAY MAYOR'S REPORTS & ANNOUNCEMENTS CLOSED SESSION REPORT - No reportable action taken. PUBLIC COMMENT Harry Rogers addressed unfair demands made on growth and development. Colby Crotzer stated it is growth in knowledge that makes a community grow. He also noted staff reports from Public Works are based on opinions instead of facts. • Wendy Mosch, San Luis Obispo Director for CASA/Voices for Children, announced the annual fundraiser "Kiss the Pig" to assist abused children. Leabah Winter, Parks & Recreation Commissioner, shared a resolution approved by the Commission regarding the Cloisters and North Point assessment districts in the City. Ms. Winter also addressed as a citizen, confusion regarding the State Water staff report. Janet Gould addressed the Morro Elementary expansion project and encroachment permit process; she requested this permit be expedited. Lynda Merrill requested staff not editorialize issues in the staff reports. Mary Phillips stated assessment districts should be put before the people to voted on. She also noted all religious entities should be invited for invocation. Barbara Playan addressed the progress of the Yerba Buena traffic signal. Public hearing was closed. DECLARATION OF FUTURE AGENDA ITEMS - None. 0 MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - SEPTEMBER 22, 1997 • 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 CITY COUNCIL MEETING OF SEPTEMBER 8, 1997; (BAUER) RECOMMENDATION: Approve minutes as submitted. A-2 STATEMENT OF CASH AND INVESTMENTS - AUGUST 1997; (KOSER) RECOMMENDATION: Receive for information. A-3 EXPENDITURE REPORT - AUGUST 1997; (KOSER) RECOMMENDATION: Approve report as submitted. A-4 QUARTERLY SALES TAX REPORT; (KOSER) RECOMMENDATION: Receive report for information. • A-5 REJECTION OF CLAIM AGAINST THE CITY; ZIEGLER; (DAVIS) RECOMMENDATION: Reject the claim as recommended by City's insurance adjusters. A-6 RESOLUTION NO. 68-97 IN SUPPORT OF SB368 FOR PVEA FUNDING FOR YERBA BUENA STOPLIGHT; (HOWELL) RECOMMENDATION: Approve Resolution No. 68-97; send a copy to Governor Wilson. A-7 RESOLUTION NO. 70-97 PROHIBITING SKATING AND SKATE- BOARDING AT THE HARBOR FESTIVAL SITE; (LOVEN) RECOMMENDATION: Approve Resolution No. 70-97. Mayor Novak pulled Item A-6 from the Consent Calendar. MOTION: Councilmember Anderson moved the City Council approve the Consent Calendar with the exception of Item A-6. The motion was seconded by Councilmember Peirce and carried unanimously. (5-0) 0 MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - SEPTEMBER 22, 1997 A-6 RESOLUTION NO. 68-97 IN SUPPORT OF SB368 FOR PVEA FUNDING • FOR YERBA BUENA STOPLIGHT; (HOWELL) Mayor Novak reviewed the status of the signal for public information. MOTION: Mayor Novak moved the City Council approve Resolution No. 68-97 in support of Senate Bill 368 for PVEA funding for the Yerba Buena stoplight. The motion was seconded by Councilmember Elliott and carried unanimously. (5-0) B. PUBLIC HEARINGS, REPORTS & APPEARANCES B-1 CONSIDERATION OF PUBLIC, EDUCATIONAL AND GOVERNMENT (PEG) ACCESS ON CHANNEL 54; (BOUCHER) Public Works Director Bill Boucher reviewed the results of the survey sent out to the community regarding Public, Educational and Government (PEG) broadcasting. He stated results were somewhat in favor of continuing only City Council meetings and special events, but not favorable by a majority to either the use of General Fund nor a subscriber Pass -Through fee to pay for the programming. Mr. Boucher stated the Public Works Advisory Board recommends the City Council and is Board/Commission meetings continue on a contract for services basis and that special events continue per the current operating guidelines on a volunteer basis. He noted staff recommends the City Council consider this matter and, in accord with the results of the recent community survey, direct that televised City Council meetings continue on a volunteer basis and that efforts to pursue PEG programming cease. Mayor Novak opened the hearing for public comment. The following people expressed support for government broadcasting only: Grace Melton, Barbara Playan, Angie Crider, Dave West and Harry Rogers. The following people expressed support for Public, Educational and Government (PEG) access: Vicky Worley, Lee Greenawalt, Lisa Krueger, Wally McCray, John Barta, Nancy Castle, Mary Leizear, Mary Phillips, Ray McKelligott, Janet Gould, Paul Tweedt, Jr., Bernie Melvin, Meredith Bates, Colby Crotzer, Jesse Franklin, Steve Mathieu, Pat Renshaw, and Ellen Sturtz. John Baker stated citizens should not be taxed for public access tv. Leabah Winter, Recreation & Parks Commissioner, expressed the Commission's support for PEG access. • Ann Calhoun asked what turkey videos are. 5 MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - SEPTEMBER 22, 1997 • Mayor Novak closed the public comment hearing, and called for a break at 7:40 p.m.; the meeting resumed at 7:50 p.m. MOTION: Councilmember Peirce moved the City Council approve the following: 1) continue broadcasting all Brown Act meetings; 2) request staff bring back criteria for broadcasting special events; 3) direct staff to send out Request for Proposals for filming Brown Act meetings; 4) direct staff to obtain information on obtaining a second channel for the broadcasting of public and educational broadcasting - maintain Channel 54 for government access; and 5) extend Alpha Video's contract for government access through December 1997. The motion was seconded by Councilmember Anderson and carried unanimously. (5-0) B-2 REVIEW OF WATERFRONT MASTER PLAN AND WATER ACCESS ECONOMICS REPORT; (NAUMAN) City Council received a presentation by Ken Johnson of Concept Marine Associates, Inc. on the Engineering Feasibility Study - Boating Access Facility prepared for the conceptual site plan developed by the Boating Access Facility Committee. Acting Planning and Building Director Shauna Nauman requested the City Council is review and discuss the Waterfront Master Plan, and consider any changes necessary, including the amendment of adding the Boating Access Facility Committee conceptual plan. Mayor Novak opened the hearing for public comment. Colby Crotzer expressed opposition to a launch ramp located at Target Rock. He noted the proposed two-lane bridge needs further study. Bernie Melvin expressed support for the concept plan; however, requested the deletion of the launch ramp at Target Rock and the two-lane bridge over Mono Creek. Leabah Winter, Recreation & Parks Commissioner, stated the Commission may want to review this plan again. Jim Wood stated this is a concept plan which he would like to see adopted. Wally McCray thanked Council and staff for their efforts with this plan. Mayor Novak closed the public comment hearing. Council consensus was to amend the Waterfront Master Plan as follows: 1) eliminate the launch ramp location at Target Rock; 2) include a pedestrian/bicycle bridge with the MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - SEPTEMBER 22, 1997 provision for emergency access over Morro Creek; 3) include Graphic A in the Concept • Plan; and 4) return to Council for adoption. Mayor Novak called for a break at 10:04 p.m.; the meeting resumed at 10:12 p.m. C. UNFINISHED BUSINESS C-1 REVIEW OF LANDSCAPING ASSESSMENT DISTRICTS AND CONCEPT; (LUEKER) AND LIGHTING MAINTENANCE CITY-WIDE ASSESSMENT DISTRICT MOTION: Councilmember Elliott moved the City Council continue this item to the October 27, 1997 City Council meeting. The motion was seconded by Councilmember Peirce and carried unanimously. (5-0) D. NEW BUSINESS D-1 CONSIDERATION OF TROLLEY PROGRAM AND USE OF THE TROLLEY FOR HARBOR FESTIVAL; (BOUCHER) Public Works Director Bill Boucher reviewed the City's Trolley Program and the use of the trolley for the upcoming Harbor Festival. Mr. Boucher recommended the City • Council consider Options 1) charge the Harbor Festival Committee for use of the trolley for the Harbor Festival; or 2) waive the trolley fee and allocate funds for the operations/maintenance and lost fares by approval of Resolution No. 69-97. He noted Option 1 results in no fiscal impact to the City; and Option 2 results in approximately $900 - $1,000 in unanticipated General Fund expenditures for drivers, fuel and a stand-by mechanic. MOTION: Councilmember Peirce moved the City Council direct staff to charge the Harbor Festival Committee $700 for the use of the trolley during the Harbor Festival weekend. The motion was seconded by Councilmember Anderson and carried unanimously. (5-0) D-2 STATUS REPORT ON CITY DISTRIBUTION OF STATE WATER; (BOUCHER) Public Works Director Bill Boucher reviewed the status of the City's distribution of State Water. Council received the report; no further action was taken on this item. MOTION: Councilmember Peirce moved the City Council go beyond 11:00 p.m. in order to finish the remaining business on the agenda. The motion was seconded by Councilmember Elliott and carried unanimously. (5-0) 7 MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - SEPTEMBER 22, 1997 • D-3 DISCUSSION OF CITY DISASTER PREPAREDNESS PLAN; (JONES) Fire Chief Jeff Jones reviewed the Disaster Preparedness Plan both for immediate needs for this winter, and also to identify some long-term planning needs. Chief Jones recommended the City Council increase the City's ability to combat the potentially severe effects of the El Nino, approve an emergency allocation of $16,000 to be used to purchase storm -related equipment, print and distribute storm preparedness public information, upgrade the Fire Department primary communication system, and direct the Fire Department to conduct a community workshop on winter storm preparedness. Council authorized the City Manager to allocate $15,000 to purchase necessary storm - related equipment and assist in the Disaster Preparedness Plan. Council requested staff return with the funding source for Council approval. D-4 RESOLUTION NO. 66-97 APPROVING FINAL APPROPRIATIONS FOR FISCAL YEAR 1996/97; (KOSER) Finance Director Jim Koser reviewed the final appropriations for Fiscal Year 1996/97 and recommended the City Council approve these appropriations by adoption of Resolution No. 66-97. • MOTION: Councilmember Elliott moved the City Council adopt Resolution No. 66- 97 approving the final appropriations for Fiscal Year 1996/97. The motion was seconded by Councilmember Peirce and carried unanimously. (5-0) F. ADJOURNMENT The meeting adjourned at 11:50 p.m. Recorded by: Bridgett auer City Clerk 40 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 nerds of the public. REGULAR MEETING - SEPTEMBER 8, 1997; 6:00 P.M. VETERANS MEMORIAL HALL 209 SURF ST., MORRO BAY, CA ESTABLISH QUORUM AND CALL TO ORDER - PRAYER PLEDGE OF ALLEGIANCE THOUGHT FOR THE DAY MAYOR AND COUNCILMEMBERS ANNOUNCEMENTS & PRESENTATIONS 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 CITY COUNCIL MEETING OF AUGUST 25, 1997; (BAUER) RECOMMENDATION: Approve as submitted. A-2 CORRECTION OF EASEMENT DESCRIPTION FOR SEWER LINE • THROUGH PG&E POWER PLANT PROPERTY; (BOUCHER) RECOMMENDATION: Approve the Amendment and authorize the City Manager to execute the document. A-3 RESOLUTION NO. 67-97 APPROVING THE NOTICE OF COMPLETION FOR CHORRO CREEK BRIDGE PROJECT/SOUTH BAY BOULEVARD IMPROVEMENTS; (BOUCHER) RECOMMENDATION: Accept the Project as completed by Nick E. Pokrajac, Inc.; authorize filing of a Notice of Completion; and adopt Resolution No. 67-97 approving the Agreement and Grant of Easement. A-4 PROCLAMATION DECLARING SEPTEMBER 17 - 23, 1997 AS "CONSTITUTION WEEK"; (BAUER) RECOMMENDATION: Approve as submitted. B. PUBLIC HEARINGS. REPORTS & APPEARANCES • B-1 APPEAL OF PLANNING COMMISSION APPROVAL OF MAJOR MODIFICATION TO CUP 45-85/CDP 88-85 TO INSTALL 148 CUBIC YARDS OF UNGROUTED ROCK RIP -RAP WITHIN CREEK ALONG SOUTHERN PROPERTY LINE AT 3120 CORAL AVENUE: APPLICANT - BEAVER/APPELLANT - SILVERMAN; (NAUMAN) RECOMMENDATION: Deny appeal and uphold Planning Commission conditional approval of CUP 45-85/CDP 88-85 with added conditions. C. UNFINISHED BUSINESS - NONE. D. NEW BUSINESS D-I SELECTION OF VOTING DELEGATE FOR ANNUAL LEAGUE OF CALIFORNIA CITIES CONFERENCE; (HOWELL) RECOMMENDATION: Appoint a Voting Delegate for the California League of California Cities Conference. D-2 CONSIDERATION OF CANCELLATION OF OCTOBER 13, 1997 CITY COUNCIL MEETING; (HOWELL) RECOMMENDATION: Determine if the meeting of October 13, 1997 should be scheduled or canceled; direct staff accordingly. 4 • D-3 COUNCIL REQUEST TO DISCUSS THE CONSIDERATION OF TRAVELER'S ADVISORY RADIO STATION; (PEIRCE) • RECOMMENDATION: Discuss and direct staff accordingly. D-4 COUNCIL REQUEST TO DISCUSS THE CONSIDERATION OF MORRO BAY'S STATUS AS GENERAL LAW CITY VS. CHARTER CITY; (PEIRCE) RECOMMENDATION: Discuss and direct staff accordingly. D-5 COUNCIL REQUEST TO DISCUSS THE CONSIDERATION OF THE CITY'S TREE REMOVAL POLICY AND FUNDING; (PETERS) 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. 3 CLOSED SESSION - SEPTEMBER 8, 1997 AFTER ADJOURNMENT OF PUBLIC SESSION MEETING CITY HALL CONFERENCE ROOM 595 HARBOR STREET, MORRO BAY, CA CS-1 GOVERNMENT CODE SECTION 54957• PERSONNEL ISSUES • DISCUSSIONS RELATING TO PERSONNEL ISSUES REGARDING THE APPOINTMENT OF ONE (1) PUBLIC EMPLOYEE; SPECIFICALLY, THE CONSIDERATION AND SCREENING OF FINALISTS FOR APPOINTMENT TO THE POSITION OF CITY MANAGER. • IT IS NOTED THAT THE CONTENTS OF CLOSED SESSION MEETINGS ARE CONFIDENTIAL AND EXEMPT FROM DISCLOSURE. • 0 • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - September 8, 1997 VETERANS MEMORIAL HALL - 6:00 P.M. Mayor Novak called the meeting to order at 6:00 p.m. ESTABLISH QUORUM AND CALL TO ORDER PRAYER PLEDGE OF ALLEGIANCE THOUGHT FOR THE DAY MAYOR'S REPORTS & ANNOUNCEMENTS Mayor Novak requested Council pull Item A-4 (Proclamation Declaring September 17 - 23, 1997 as "Constitution Week") from the Consent Calendar in order to make the appropriate presentation; Council concurred. MOTION: Mayor Novak moved the City Council approve Item A-4 of the Consent Calendar. The motion was seconded by Councilmember Peters and carried unanimously. (4-0) • Mayor Novak presented the Proclamation declaring September 17 - 23, 1997 as "Constitution Week" to Beth Cook of the Daughters of the American Revolution. City Attorney David Hunt introduced Robert Schultz, Esq. who has joined the Law Firm of Hunt & Associates, and has been appointed as the new Assistant Attorney for the City of Morro Bay. PUBLIC COMMENT Cathy Gann expressed her appreciation for Channel 54; she also extended an invitation to attend the first `Friends of Channel 54' meeting on September 11, 1997 at the Coalesce Bookstore. Harry Rogers stated funding for the City's infrastructure should be given priority. Wally McCray stated $4,419 has been saved by Adopt -A -Tree Program. Johnny Munoz expressed support for Channel 54, and would like more youth events be aired. 0 DECLARATION OF FUTURE AGENDA ITEMS - NONE. MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - September 8, 1997 • 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 CITY COUNCIL MEETING OF AUGUST 25, 1997; (BAUER) RECOMMENDATION: Approve as submitted. A-2 CORRECTION OF EASEMENT DESCRIPTION FOR SEWER LINE THROUGH PG&E POWER PLANT PROPERTY; (BOUCHER) RECOMMENDATION: Approve the Amendment and authorize the City Manager to execute the document. A-3 RESOLUTION NO. 67-97 APPROVING THE NOTICE OF COMPLETION FOR CHORRO CREEK BRIDGE PROJECT/SOUTH BAY BOULEVARD IMPROVEMENTS; (BOUCHER) RECOMMENDATION: Accept the Project as completed by Nick E. Pokrajac, Inc.; • authorize filing of a Notice of Completion; and adopt Resolution No. 67-97 approving the Agreement and Grant of Easement. A-4 PROCLAMATION DECLARING SEPTEMBER 17 - 23, 1997 AS "CONSTITUTION WEEK"; (BAUER) Mayor Novak pulled Item A-1 from the Consent Calendar; Councilmember Peters pulled Item A-2. MOTION: Councilmember Peters moved the City Council approve Item A-3 of the Consent Calendar. The motion was seconded by Councilmember Elliott and carried unanimously. (4-0) A-1 APPROVAL OF MINUTES FOR THE REGULAR CITY COUNCIL MEETING OF AUGUST 25, 1997 Mayor Novak stated she has reviewed with the City Clerk a correction on page 8 of the minutes; the City Clerk has noted the correction and a copy was provided for Council. MOTION: Councilmember Elliott moved the City Council approve Item A-1 of the Consent Calendar as amended. The motion was seconded by Councilmember Peters and carried unanimously. (4-0) • 2 MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - September 8, 1997 • A-2 CORRECTION OF EASEMENT DESCRIPTION FOR SEWER LINE THROUGH PG&E POWER PLANT PROPERTY; (BOUCHER) Councilmember Peters reviewed this item for public information. MOTION: Councilmember Peters moved the City Council approve Item A-2 of the Consent Calendar. The motion was seconded by Councilmember Elliott and carried unanimously. (4-0) B. PUBLIC HEARINGS. REPORTS & APPEARANCES B-1 APPEAL OF PLANNING COMMISSION APPROVAL OF MAJOR MODIFICATION TO CUP 45-85/CDP 88-85 TO INSTALL 148 CUBIC YARDS OF UNGROUTED ROCK RIP -RAP WITHIN CREEK ALONG SOUTHERN PROPERTY LINE AT 3120 CORAL AVENUE: APPLICANT - BEAVER/APPELLANT - SILVERMAN; (NAUMAN) Acting Planning and Building Director Shauna Nauman stated this project was heard and approved by the Planning Commission at their July 21, 1997 meeting. Assistant Planner Lisa Davidson reviewed the project and conditions being appealed by • the appellant. Ms. Nauman recommended the City Council deny the appeal and uphold the Planning Commission's conditional approval of CUP 45-85/CDP 88-85 with added conditions. Mayor Novak opened the hearing for public comment, allowing the appellant and applicant ten minutes to review their viewpoint. David Silverman, appellant who resides at 3121 Coral Avenue, noted his concerns relating to alterations of the creek bank. Mr. Silverman requested a delay in the approval of this project until a hydraulic engineer reviews the proposal and re -engineers the plans. Keith Crow, Civil Engineer representing the appellant, reviewed the concerns of the approved project, and noted removing the tree at the location would remedy the concerns of the appellant. Adele Beaver, applicant of the project, stated she met all of the requirements made by the Army Corps of Engineers. She noted the Army Corps of Engineers will not allow her to remove the tree in the creek. Marilyn Brandemeyer, 161 Island Street, stated the applicant should be able to control the • conditions of the creek bank on her property. 3 MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - September 8, 1997 • John Comer, 181 Island Street, stated the proposed rip -rap will cause water to run over to the property on the other side. Art Stansbury, 145 Java Street, reviewed conditions during the storms of 1995 and damage caused in this area. John Barta, Planning Commissioner, stated the applicant has been a victim of the process and time is of the essence in this matter. Mayor Novak closed the public comment hearing. Ms. Nauman introduced Special Condition #4 and Standard Condition #3 to add to the Conditional Use Permit/Coastal Development Permit for Council's review. MOTION: Councilmember Peters moved the City Council deny the appeal and uphold the Planning Commission's conditional approval of CUP 45- 85/CDP 88-85, including Special Condition #4 and Standard Condition #3. The motion was seconded by Councilmember Peirce and carried unanimously. (4-0) MOTION: Councilmember Peters moved the City Council direct staff to work with • the Army Corps of Engineers regarding this Conditional Use Permit/ Coastal Development Permit; and direct the Mayor to write a letter to the Army Corps of Engineers requesting cooperation in this matter. The motion was seconded by Councilmember Peirce and carried unanimously. (4-0) Council requested the review of fees and fee waiver in regards to this project be agendized for a future City Council meeting. C. UNFINISHED BUSINESS - NONE. D. NEW BUSINESS D-1 SELECTION OF VOTING DELEGATE FOR ANNUAL LEAGUE OF CALIFORNIA CITIES CONFERENCE; (HOWELL) City Manager Dave Howell requested the City Council appoint a Voting Delegate to represent the City at the League of California Cities Conference. MOTION: Councilmember Elliott moved the City Council appoint Mayor Novak to represent the City as the Voting Delegate at the Annual League of • California Cities Conference. The motion was seconded by Councilmember Peters and carried unanimously. (4-0) 0 MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - September 8, 1997 • D-2 CONSIDERATION OF CANCELLATION OF OCTOBER 13, 1997 CITY COUNCIL MEETING; (HOWELL) City Manager Dave Howell requested the City Council discuss the consideration of canceling the October 13, 1997 City Council meeting due to the conflict of the League of California Cities Conference. MOTION: Councilmember Peirce moved the City Council cancel the October 13, 1997 City Council meeting. The motion was seconded by Councilmember Elliott and carried unanimously. (4-0) D-3 COUNCIL REQUEST TO DISCUSS THE CONSIDERATION OF TRAVELER'S ADVISORY RADIO STATION; (PEIRCE) Councilmember Peirce introduced the concept of a Traveler's Advisory Radio Station for Council's consideration, and requested Council agendize this matter for further consideration. Council concurred to bring this back for discussion at a future City Council meeting. • No further action was taken on this item. D-4 COUNCIL REQUEST TO DISCUSS THE CONSIDERATION OF MORRO BAY'S STATUS AS GENERAL LAW CITY VS. CHARTER CITY; (PEIRCE) • Councilmember Peirce introduced the consideration of Morro Bay's status as General Law vs. Charter City for Council's review, and requested Council agendize this matter for further consideration. Council concurred to bring this back for discussion at a future City Council meeting. No further action was taken on this item. D-5 COUNCIL REQUEST TO DISCUSS THE CONSIDERATION OF THE CITY'S TREE REMOVAL POLICY AND FUNDING; (PETERS) Councilmember Peters introduced the consideration of the City's Tree Removal Policy and its funding, and requested Council agendize this matter for further consideration. Council concurred to bring this back for discussion at a future City Council meeting. 5 • • 0 MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - September 8, 1997 Councilmember Elliott requested contractors be notified of when this discussion will take place in order to receive their input. No further action was taken on this item. F. ADJOURNMENT - Council adjourned to Closed Session. The regular meeting adjourned at 7:57 p.m. Recorded by: b-1-44 Bridgett Bau ld City Clerk MINUTES - MORRO BAY CITY COUNCIL CLOSED SESSION - SEPTEMBER 8, 1997 CITY HALL CONFERENCE ROOM - 8:10 P.M. Mayor Novak called the meeting to order at 8:10 p.m PRESENT: Cathy Novak Mayor Dave Elliott Councilmember William Peirce Councilmember Janice Peters Councilmember ABSENT: Rodger Anderson Councilmember STAFF: Dave Howell City Manager CLOSED SESSION MOTION: Councilmember Elliott moved the meeting be adjourned to Closed • Session. The motion was seconded by Councilmember Peirce and unanimously carried. (4-0) Mayor Novak read the Closed Session statement. CS-1 GOVERNMENT CODE SECTION 54957: PERSONNEL ISSUES • DISCUSSIONS RELATING TO PERSONNEL ISSUES REGARDING THE APPOINTMENT OF ONE (1) PUBLIC EMPLOYEE; SPECIFICALLY, THE CONSIDERATION AND SCREENING OF FINALISTS FOR APPOINTMENT TO THE POSITION OF CITY MANAGER. The meeting adjourned to Closed Session at 8:10 p.m. MOTION: Councilmember Peters moved the meeting be adjourned. The motion was seconded by Councilmember Elliott and unanimously carried. (4-0) The meeting adjourned at 9:10 p.m. • 7 City of Morro Bay City Council Agenda Mission Statement The City of Morro Bay is dedicated to the preservation and enhancement of the quality of life. The City shall be committed to this purpose and will provide a level of municipal service and safety consistent with and responsive to the needs of the public. REGULAR MEETING - AUGUST 25, 1997 CLOSED SESSION - AUGUST 25, 1997; 5:00 P.M. CITY HALL CONFERENCE ROOM 595 HARBOR ST., MORRO BAY, CA CS-1 GOVERNMENT CODE SECTION 54956.9(b); CONFERENCE WITH LEGAL COUNSEL DUE TO SIGNIFICANT EXPOSURE TO LITIGATION SIGNIFICANT EXPOSURE TO LITIGATION EXISTS BASED UPON EXISTING FACTS AND THE ADVICE OF LEGAL COUNSEL AS TO ONE (1) MATTER; SPECIFICALLY, THE RISK OF LITIGATION SHOULD THE CITY DENY CONSENT TO THE ASSIGNMENT OF LEASE SITE 87-88/87W-88W FROM MR. GUNTHER TO MR. LEAGE. • IT IS NOTED THAT THE CONTENTS OF CLOSED SESSION MEETINGS ARE CONFIDENTIAL AND EXEMPT FROM DISCLOSURE. q* REGULAR MEETING - AUGUST 25, 1997; 6:00 P.M. VETERANS MEMORIAL HALL 209 SURF ST., MORRO BAY, CA ESTABLISH QUORUM AND CALL TO ORDER PRAYER PLEDGE OF ALLEGIANCE THOUGHT FOR THE DAY MAYOR AND COUNCILMEMBERS ANNOUNCEMENTS & PRESENTATIONS 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. 1 • 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 CITY COUNCIL MEETING OF AUGUST 11, 1997; (BAUER) RECOMMENDATION: Approve as submitted. • A-2 STATEMENT OF CASH AND INVESTMENTS - JULY 1997; (KOSER) RECOMMENDATION: Receive report for information. .• A-3 EXPENDITURE REPORT - JULY 1997; (KOSER) RECOMMENDATION: Approve report as submitted. A-4 RESOLUTION NO. 63-97 APPROVING ASSIGNMENT OF LEASE AGREEMENT FOR LEASE SITE 87-88/87W-88W - GUNTHER/LEAGE; (ALGERT) RECOMMENDATION: Approve Resolution No. 63-97 approving Assignment of Lease Site 87-88/87W-88W; (Gunther/Leage). A-5 RESOLUTION NO. 64-97 AMENDING WATER RIGHTS AGREEMENT WITH ROANDOAK OF GOD; (ALGERT) RECOMMENDATION: Approve Resolution No. 64-97 amending the Water Rights Agreement between Roandoak of God and the City of Morro Bay. 2 A-6 ANNUAL REPORT ON CITY'S SOLID WASTE DIVERSION RATE AND • ACTIVITIES FOR CALENDAR YEAR 1996 - AB939; (BOUCHER) RECOMMENDATION: Accept report for information. A-7 RESOLUTION NO. 61-97 REMOVING ON -STREET PARKING PROHIBITION - QUINTANA ROAD AT SOUTH BAY BOULEVARD; (BOUCHER) RECOMMENDATION: Approve Resolution No. 61-97 restoring on -street parking pursuant to property owner request. A-8 RESOLUTION NO. 62-97 AUTHORIZING GRANT APPLICATION FOR THE YERBA BUENA TRAFFIC SIGNAL; (BOUCHER) RECOMMENDATION: Approve Resolution No. 62-97 authorizing submittal of grant application. A-9 APPROVAL OF RALCCO REQUEST FOR HARBOR FESTIVAL RECYCLING/EDUCATIONAL PROGRAM GRANT FUNDING; (BOUCHER) RECOMMENDATION: Consider RALCCO's request for grant funding and approve the $760 grant request. • A-10 RESOLUTION NO. 60-97 AWARDING THE REQUEST FOR PROPOSAL TO JAMES E. BROWN & ASSOCIATES TO PERFORM A STUDY ON SUSTAINABLE TRANSIT SERVICE IN MORRO BAY; (BOUCHER) RECOMMENDATION: Approve Resolution No. 60-97 awarding the Sustainable Transit Service Study contract to James E. Brown and Associates, and authorize the Mayor to sign the contract after review and approval by the City Attorney. B. PUBLIC HEARINGS, REPORTS & APPEARANCES B-1 CONSIDERATION OF OPTIONS FOR RESIDENTIAL GARBAGE RATE RESTRUCTURING - THIS ITEM HAS BEEN PULLED FROM THE AGENDA B-2 APPROVAL OF RESOLUTION NO. 65-97 AUTHORIZING THE SUBMITTAL OF A GRANT APPLICATION FOR PHASE II OF THE WASTEWATER RECLAMATION FEASIBILITY STUDY TO THE STATE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT UNDER THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM; (NAUMAN/BOUCHER) RECOMMENDATION: Approve Resolution No. 65-97 authorizing the City Manager • to execute documents appropriate to complete the submittal of a grant application. It3 • B-3 CONTINUED PUBLIC HEARING ON CDBG REVOLVING LOAN; (NAUMAN) RECOMMENDATION: Adopt Resolution No. 59-97 approving the grant application to be submitted to the State of California. B-4 FOLLOW-UP REPORT ON MINI-RUDAT (REGIONAL URBAN DEVELOPMENT ASSISTANCE TEAM) PROJECT RECOMMENDATION: Review information provided by Mini-RUDAT, and direct staff accordingly. C. UNFINISHED BUSINESS C-1 STATUS REPORT ON MARINA SQUARE PARKING IN -LIEU FEES; (KOSER) RECOMMENDATION: Receive report for information. C-2 STATUS REPORT ON RESIDENTIAL OCCUPANCY LIMITS; (LOVEN) RECOMMENDATION: Review City Attorney's Opinion, and provide direction to • staff regarding the consideration of a High Occupancy Residential Ordinance. • D. NEW BUSINESS D-I APPROVAL OF AUDITING SERVICES CONTRACT FOR WASTEWATER TREATMENT PLANT (WWTP) JOINT POWERS AUTHORITY; (KOSER) RECOMMENDATION: Approve contract and authorize Mayor to sign on behalf of the City. D-2 CONSIDERATION OF AERA ENERGY PROPOSAL TO DISCHARGE SALINE WATER FROM SAN ARDO INTO THE WWTP OUTFALL; (BOUCHER) RECOMMENDATION: Approve the Agreement between the City/Cayucos Sanitary District and AERA Energy providing for initiation of the investigation as to the feasibility of the proposed discharge; approve a Consultant Agreement with John Carollo Engineers, and authorize the Mayor to execute said Agreements on behalf of the City. 2 D-3 CONSIDERATION OF PURCHASE OF MODULAR BUILDING TO HOUSE THE PUBLIC WORKS AND PLANNING/ BUILDING DEPARTMENTS; (HOWELL) RECOMMENDATION: Authorize City Manager to enter into negotiations with PG&E to purchase a modular building to house the Public Works and Planning and Building Departments. 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. \J 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 - AUGUST 25, 1997 CITY HALL CONFERENCE ROOM - 5:00 P.M. Mayor Novak called the meeting to order at 5:00 p.m PRESENT: Cathy Novak Mayor Rodger Anderson Councilmember Dave Elliott Councilmember William Peirce Councilmember Janice Peters Councilmember STAFF: Dave Howell City Manager David Hunt City Attorney CLOSED SESSION MOTION: Councilmember Peirce moved the meeting be adjourned to Closed Session. The motion was seconded by Councilmember Peters and unanimously carried. (5-0) • Mayor Novak read the Closed Session statement. CS-1 GOVERNMENT CODE SECTION 54956.9(b), CONFERENCE WITH LEGAL COUNSEL DUE TO SIGNIFICANT EXPOSURE TO LITIGATION SIGNIFICANT EXPOSURE TO LITIGATION EXISTS BASED UPON EXISTING FACTS AND THE ADVICE OF LEGAL COUNSEL AS TO ONE (1) MATTER; SPECIFICALLY, THE RISK OF LITIGATION SHOULD THE CITY DENY CONSENT TO THE ASSIGNMENT OF LEASE SITE 87-88/ 87W-88W FROM MR. GUNTHER TO MR. LEAGE. The meeting adjourned to Closed Session at 5:00 p.m. and returned to regular session at 5:37 p.m. MOTION: Councilmember Peters moved the meeting be adjourned. The motion was seconded by Councilmember Anderson and unanimously carried. (5-0) The meeting adjourned at 5:37 p.m. 0 • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - AUGUST 25, 1997 VETERANS MEMORIAL HALL - 6:00 P.M. Mayor Novak called the meeting to order at 6:00 p.m. ESTABLISH QUORUM AND CALL TO ORDER PRAYER PLEDGE OF ALLEGIANCE THOUGHT FOR THE DAY MAYOR'S REPORTS & ANNOUNCEMENTS CLOSED SESSION REPORT - City Attorney David Hunt made the Closed Session announcement stating the City Council found there is a potential of litigation which warrants further action; no other action was taken. Mayor Novak received a plaque on behalf of the City from representatives of the United Way thanking the City for their contributions to their organization. PUBLIC COMMENT • Grace Melton acknowledged her support for the broadcasting of City Council meetings; however, opposes public access television where anything goes. • Bernie Melvin referred to an ad in the August 20th edition of the Sun Bulletin in relation to PEG Access, and addressed issues of prejudice directed to the airing of private events on Channel 54. Mary Phillips referred to a request made to staff relating to a survey done on her property; she also addressed the use of State Water to clean out pipelines, and what a waste of good water that would be. Nancy Castle addressed Council on Channel 54 and its growth in the past year. She also listed different programs that can be beneficial for broadcasting if PEG Access is approved. Colby Crotzer expressed the benefits of PEG Access, and stated taking it away would be an injustice to the public. DECLARATION OF FUTURE AGENDA ITEMS - None. 2 MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - AUGUST 25, 1997 6 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 CITY COUNCIL MEETING OF AUGUST 11, 1997; (BAUER) RECOMMENDATION: Approve as submitted. A-2 STATEMENT OF CASH AND INVESTMENTS - JULY 1997; (KOSER) RECOMMENDATION: Receive report for information. A-3 EXPENDITURE REPORT - JULY 1997; (KOSER) RECOMMENDATION: Approve report as submitted. A-4 RESOLUTION NO. 63-97 APPROVING ASSIGNMENT OF LEASE AGREEMENT FOR LEASE SITE 87-88/87W-88W - GUNTHER/LEAGE; (ALGERT) • RECOMMENDATION: Approve Resolution No. 63-97 approving Assignment of Lease Site 87-88/87W-88W; (Gunther/Leage). • A-5 RESOLUTION NO. 64-97 AMENDING WATER RIGHTS AGREEMENT WITH ROANDOAK OF GOD; (ALGERT) RECOMMENDATION: Approve Resolution No. 64-97 amending the Water Rights Agreement between Roandoak of God and the City of Morro Bay. A-6 ANNUAL REPORT ON CITY'S SOLID WASTE DIVERSION RATE AND ACTIVITIES FOR CALENDAR YEAR 1996 - AB939; (BOUCHER) RECOMMENDATION: Accept report for information. A-7 RESOLUTION NO. 61-97 REMOVING ON -STREET PARKING PROHIBITION - QUINTANA ROAD AT SOUTH BAY BOULEVARD; (BOUCHER) RECOMMENDATION: Approve Resolution No. 61-97 restoring on -street parking pursuant to property owner request. 3 MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - AUGUST 25, 1997 • A-8 RESOLUTION NO. 62-97 AUTHORIZING GRANT APPLICATION FOR THE YERBA BUENA TRAFFIC SIGNAL; (BOUCHER) RECOMMENDATION: Approve Resolution No. 62-97 authorizing submittal of grant application. A-9 APPROVAL OF RALCCO REQUEST FOR HARBOR FESTIVAL RECYCLING/EDUCATIONAL PROGRAM GRANT FUNDING; (BOUCHER) RECOMMENDATION: Consider RALCCO's request for grant funding and approve the $760 grant request. A-10 RESOLUTION NO. 60-97 AWARDING THE REQUEST FOR PROPOSAL TO JAMES E. BROWN & ASSOCIATES TO PERFORM A STUDY ON SUSTAINABLE TRANSIT SERVICE IN MORRO BAY; (BOUCHER) RECOMMENDATION: .Approve Resolution No. 60-97 awarding the Sustainable Transit Service Study contract to James E. Brown and Associates, and authorize the Mayor to sign the contract after review and approval by the City Attorney. • Mayor Novak pulled Item A-4 from the Consent Calendar, Councilmember Peters pulled Items A-5 and A-10, Councilmember Peirce pulled Item A-6, and Councilmember Elliott pulled Item A-7. • MOTION: Councilmember Anderson moved the City Council approve the Consent Calendar with the exception of Items A-4, A-5, A-6, A-7, and A-10. The motion was seconded by Councilmember Peters and carried unanimously. (5-0) A-4 RESOLUTION NO. 63-97 APPROVING ASSIGNMENT OF LEASE AGREEMENT FOR LEASE SITE 87-88/87W-88W - GUNTHER/LEAGE; (ALGERT) Mayor Novak requested staff clarification on this item. Harbor Director Rick Algert reported the standard City requirements for consideration of approval of an assignment, noting this application is not a normal assignment in regards to the standard assignment requirements. Mr. Algert stated the proposed sale is, however, attractive due to the anticipated increase in rental income and enhancement of the business environment on the site. 2 MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - AUGUST 25, 1997 • MOTION: Councilmember Elliott moved the City Council adopt Resolution No. 63- 97 approving the Assignment of Lease Agreement for Lease Site 87- 88/87W-88W. The motion was seconded by Councilmember Peirce and carried unanimously. (5-0) A-5 RESOLUTION NO. 64-97 AMENDING WATER RIGHTS AGREEMENT WITH ROANDOAK OF GOD; (ALGERT) Councilmember Peters reported this information for public benefit. MOTION: Councilmember Peters moved the City Council approve Resolution No. 64-97 amending the Water Rights Agreement with Roandoak of God. The motion was seconded by Councilmember Peirce and carried unanimously. (5-0) A-6 ANNUAL REPORT ON CITY'S SOLID WASTE DIVERSION RATE AND ACTIVITIES FOR CALENDAR YEAR 1996 - AB939; (BOUCHER) Councilmember Peirce requested the status of this report. Public Works Director Bill Boucher reported the City's 1996 annual diversion rate was is 39%, with a 4% increase from the 1995 annual reported diversion rate. MOTION: Councilmember Peirce moved the City Council accept this report for information. The motion was seconded by Councilmember Peters and carried unanimously. (5-0) A-7 RESOLUTION NO. 61-97 REMOVING ON -STREET PARKING PROHIBITION - QUINTANA ROAD AT SOUTH BAY BOULEVARD; (BOUCHER) Councilmember Elliott requested clarification on this item. Public Works Director Bill Boucher responded this on -street parking prohibition along Quintana Road, adjacent to the Bay Pines Travel Trailer Park, was established at the request of the property owner. He noted the Public Works Advisory Board recommend the on -street parking be restored pursuant to the property owners request. Council discussed potential dangerous conditions relating to this property. The City Attorney recommended the City Council continue this item to a future Council meeting in order for staff to make the appropriate findings. • Council concurred, and no further action was taken on this item. 5 MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - AUGUST 25, 1997 • A-10 RESOLUTION NO. 60-97 AWARDING THE REQUEST FOR PROPOSAL TO JAMES E. BROWN & ASSOCIATES TO PERFORM A STUDY ON SUSTAINABLE TRANSIT SERVICE IN MORRO BAY; (BOUCHER) Councilmember Peters requested clarification on this item. Public Works Director Bill Boucher responded the cost for this study is $10,000 for which the City has received a grant from SLOCOG's discretionary State Transit Assistance funding. He noted staff requested this funding to perform a study evaluating options for reducing service costs, which would include the possibility of consolidation of or sharing functions with South Bay Dial -A -Ride, in addition to evaluating alternative options for transit service other than the current Morro Bay Dial -A -Ride system. MOTION: Councilmember Peters moved the City Council approve Resolution No. 60-97 awarding the Sustainable Transit Service Study contract to James E. Brown and Associates, and authorize the mayor to sign the contract after review and approval by the City Attorney. The motion was seconded by Councilmember Peirce and carried unanimously. (5-0) B. PUBLIC HEARINGS, REPORTS & APPEARANCES • B-1 CONSIDERATION OF OPTIONS FOR RESIDENTIAL GARBAGE RATE RESTRUCTURING This item was pulled from the agenda. B-2 APPROVAL OF RESOLUTION NO. 65-97 AUTHORIZING THE SUBMITTAL OF A GRANT APPLICATION FOR PHASE II OF THE WASTEWATER RECLAMATION FEASIBILITY STUDY TO THE STATE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT UNDER THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM; (NAUMAN/BOUCHER) Public Works Director Bill Boucher stated Phase II of this Study is intended to continue the analysis of the feasibility of the City constructing a wastewater treatment facility in the Chorro Creek watershed. The proposed Phase would focus upon those issues identified in the prior study and expand the analysis to include regulatory, environmental and financial matters. If awarded, the grant entails local matching funds in the amount of $10,250 derived from the current year Water Fund. Mr. Boucher recommended the City Council approve Resolution No. 65-97 authorizing the City Manager to execute documents appropriate to complete the submittal of a grant application. • Mayor Novak opened the hearing for public comment. T MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - AUGUST 25. 1997 • Mary Phillips expressed concern with wastewater reclamation because it may pollute the City's water. Mayor Novak closed the public comment hearing. MOTION: Councilmember Elliott moved the City Council approve Resolution No. 65-97 authorizing the submittal of a grant application for Phase II of the Wastewater Reclamation Feasibility Study to the State Department of Housing and Urban Development under the Community Development Block Grant Program, and authorize the City Manager to execute documents appropriate to complete the submittal. The motion was seconded by Councilmember Peirce and carried unanimously. (5-0) B-3 CONTINUED PUBLIC HEARING ON CDBG REVOLVING LOAN; (NAUMAN) Gregg Goodwin, CEO and President of Economic Vitality Corporation reviewed the revisions to the grant application which were made by the City Council at their August 11, 1997 meeting. It was recommended the City Council adopt Resolution No. 59-97 approving the grant application to be submitted to the State of California. • Mayor Novak opened the hearing for public comment; there were no comments and the public hearing was closed. MOTION: Councilmember Elliott moved the City Council adopt Resolution No. 59- 97 approving the grant application to be submitted to the State of California. The motion was seconded by Councilmember Anderson and carried unanimously. (5-0) B-4 FOLLOW-UP REPORT ON MINI-RUDAT (REGIONAL URBAN DEVELOPMENT ASSISTANCE TEAM) PROJECT City Manager Dave Howell reviewed the information provided by Mini-RUDAT and requested Council direction. Neil Farrel introduced an idea for a pocket park to use for cultural activities. Suedene Walker, Chamber of Commerce, reviewed the Chamber's update on this project. Mayor Novak opened the hearing for public comment. • Harry Rogers addressed Council on laws which the City should consider amending in order to allow change in the City. 7 MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - AUGUST 25, 1997 ** correction made by Mayor Novak - 9/8/97 • Wally McCray expressed support for the pocket park which Neil Farrel is designing, and urged other interested people to get involved. Mayor Novak closed the public comment hearing. Councilmember Elliott recommended the City Council establish a Steering Committee, appointing Wally McCray as Chairman, in order to prioritize and process the various suggestions made by the Mini-RUDAT. Council requested the Economic Vitality Committee establish a sub -committee to prioritize and process the various suggestions made by the Mini-RUDAT. Council also appointed Councilmember Elliott to serve on this sub -committee as the City Council representative. No further action was taken on this item. • C. UNFINISHED BUSINESS C-1 STATUS REPORT ON MARINA SQUARE PARKING IN -LIEU FEES; (KOSER) Finance Director Jim Koser reviewed the status of the Marina Square parking in -lieu fee account for Council's information. This was an informational item; no action was taken. C-2 STATUS REPORT ON RESIDENTIAL OCCUPANCY LIMITS; (LOVEN) Police Chief Joe Loven reviewed the issue of residential occupancy limits which was before the City Council in 1996 when several residents alleged an excessive number of residents in single family homes. He noted the City Attorney's office issued a preliminary memo on the issue in January 1997, indicating several roadblocks in drafting an ordinance that would be enforceable and constitutional. As a Code Enforcement issue, Chief Loven believes there appear to be sufficient ordinances in existence in the Municipal Code, Uniform Building Code and Fire Codes to address specific situations as they arise. He recommended the City Council review the City Attorney's Opinion, and provide direction to staff regarding the consideration of a High Occupancy Residential • Ordinance. 0 MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - AUGUST 25, 1997 • Council concurred that a High Occupancy Residential Ordinance is not necessary; no further action was taken. D. NEW BUSINESS D-1 APPROVAL OF AUDITING SERVICES CONTRACT FOR WASTEWATER TREATMENT PLANT (WWTP) JOINT POWERS AUTHORITY; (KOSER) Finance Director Jim Koser reviewed the auditing services contract for the Wastewater Treatment Plant Joint Powers Authority between the City of Morro Bay and Carlos J. Reynoso, Certified Public Accountant. He noted the services performed under this contract are at the shared expense of the City and the Cayucos Sanitary District. Mr. Koser recommended the City Council approve the contract and authorize the Mayor to sign on behalf of the City. MOTION: Councilmember Peters moved the City Council approve the auditing services contract for the Wastewater Treatment Plant Joint Powers Authority between the City of Morro Bay and Carlos J. Reynoso, Certified Public Accountant. The motion was seconded by Councilmember Peirce and carried unanimously. (5-0) • D-2 CONSIDERATION OF AERA ENERGY PROPOSAL TO DISCHARGE SALINE WATER FROM SAN ARDO INTO THE WWTP OUTFALL; (BOUCHER) • Public Works Director Bill Boucher reviewed the AERA Energy Proposal to discharge saline water from it's San Ardo facility into the jointly -owned Wastewater Treatment Plant outfall. He noted this Agreement is also being considered by the Cayucos Sanitary District (CSD); and, with AERA's execution of the Agreement, all City/CSD costs will be reimbursed. Mr. Boucher recommended the City Council approve the Agreement between the City/CSD and AERA Energy providing for initiation of the investigation as to the feasibility of the proposed discharge; approve the Consultant Agreement with John Carollo Engineers; and authorize the Mayor to execute said Agreements on behalf of the City. MOTION: Councilmember Elliott moved the City Council approve the Agreement between the City, Cayucos Sanitary District and AERA Energy providing for initiation of the investigation as to the feasibility of the proposed discharge; approve the Consultant Agreement with John Carollo Engineers; and authorize the Mayor to execute said Agreements on behalf of the City. The motion was seconded by Councilmember Peirce and carried unanimously. (5-0) I MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - AUGUST 25, 1997 • D-3 CONSIDERATION OF PURCHASE OF MODULAR BUILDING TO HOUSE THE PUBLIC WORKS AND PLANNING/ BUILDING DEPARTMENTS; (HOWELL) City Manager Dave Howell stated the City Council and staff have endeavored to streamline the delivery of City services overall and specifically with the Planning Department over the past few years. Mr. Howell stated although there is still work to be done to improve the process, combining the Planning/Building and Public Works Departments would greatly enhance the efforts to effectively streamline these services via a "one stop shop" for most cases. He noted the purchase price, including moving and set up, of a modular building will range from $100,000 to $150,000 which can come from the General Fund Contingency Account either by a reduction of the fund balance or by a loan from the fund. Mr. Howell recommended the City Council give him authorization to enter into negotiations with PG&E to purchase a modular building to house the Planning and Building and Public Works Departments. MOTION: Councilmember Elliott moved the City Council authorize the City Manager to enter into negotiations with PG&E to purchase a modular building to house the Planning and Building and Public Works Departments. The motion was seconded by Councilmember Peters and carried unanimously. (5-0) • F. ADJOURNMENT The meeting adjourned at 8:40 p.m. Recorded by: Bridgett Bauer City Clerk r1 U 10 • NOTICE OF SPECIAL MEETINGS NOTICE IS HEREBY GIVEN that the following Special Meetings regarding the Mini -Regional Urban Design Assistance Team Project will be held at the Morro Bay Veteran's Memorial Building, 209 Surf Street, Morro Bay, California: Friday, August 8, 1997 7:00 p.m. - Informal town hall meeting Saturday, August 9,1997 • 4:00 p.m. - BBQ with community leaders/town hall meeting Sunday, August 10, 1997 1:00 p.m. - Public presentation: action plan, schedule for implementation, one year follow-up DATED: July 29, 1997 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 11, 1997; 5:00 P.M. CLOSED SESSION - AUGUST 11, 1997 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 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 • A. AL JORGE PROPERTY • PROPERTY: VACANT LOT - LOCATED MAIN STREET, HARBOR STREET, MORRO BAY BOULEVARD, AND MONTEREY STREET • NEGOTIATING PARTIES: HARBOR DIRECTOR AND/OR CITY MANAGER ON BEHALF OF THE CITY; AL JORGE ON BEHALF OF THE OWNERS • NEGOTIATIONS: POSSIBLE VOLUNTARY PURCHASE B. KING/DEN-DULK PROPERTY • PROPERTY: KING PROPERTY/DEN-DULK PROPERTY • NEGOTIATING PARTIES: CITY MANAGER HOWELL ON BEHALF OF THE CITY; JOHN KING ON BEHALF OF THE PROPERTY OWNER • NEGOTIATIONS: POSSIBLE VOLUNTARY PURCHASE C. NELSON/GARRIS PROPERTY • PROPERTY: DRIFTWOOD STREET/MAIN STREET/MORRO AVENUE • NEGOTIATING PARTIES: CITY MANAGER HOWELL ON BEHALF OF THE CITY; NELSON/GARRIS ON BEHALF OF THE PROPERTY OWNER • NEGOTIATIONS: POSSIBLE VOLUNTARY PURCHASE • IT IS NOTED THAT THE CONTENTS OF CLOSED SESSION MEETINGS ARE CONFIDENTIAL AND EXEMPT FROM DISCLOSURE. • PUBLIC SESSION - AUGUST 11, 1997 VETERANS MEMORIAL HALL - 6:00 P.M. 209 SURF ST., MORRO BAY, CA ESTABLISH QUORUM AND CALL TO ORDER PRAYER PLEDGE OF ALLEGIANCE THOUGHT FOR THE DAY MAYOR AND COUNCILMEMBERS ANNOUNCEMENTS & PRESENTATIONS 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 CITY COUNCIL MEETING OF DULY 28, 1997; (BAUER) RECOMMENDATION: Approve as submitted. A-2 RESOLUTION NO. 58-97 IN SUPPORT OF REDEPLOYMENT OF THE CAPE SAN MARTIN WEATHER BUOY; (NOVAK) • RECOMMENDATION: Approve Resolution No. 58-97. 4 . B. PUBLIC HEARINGS, REPORTS & APPEARANCES B-1 REVIEW OF COMMUNITY DEVELOPMENT BLOCK GRANT ANNUAL PERFORMANCE REPORT PREPARED FOR THE 1996 MULTI -FAMILY APARTMENT DEVELOPMENT PROGRAM - 96-STBG-1021; (NAUMAN) RECOMMENDATION: Receive public comments; no action is necessary. B-2 REVIEW OF COMMUNITY DEVELOPMENT BLOCK GRANT ANNUAL PERFORMANCE REPORT PREPARED FOR THE 1995 PLANNING/ TECHNICAL ASSISTANCE PROJECT - 95-STBG-978; (NAUMAN) RECOMMENDATION: Receive public comments; no action is necessary. B-3 CONSIDERATION OF THE APPLICATION FOR COMMUNITY DEVELOPMENT BLOCK GRANT ECONOMIC DEVELOPMENT ENTERPRISE FUNDS TO ESTABLISH A REVOLVING LOAN FUND TO PROVIDE FINANCING TO LOCAL BUSINESSES AND EXPAND ECONOMIC OPPORTUNITIES; (NAUMAN) RECOMMENDATION: Review application, receive public comments, and adopt • Resolution No. 59-97 approving an application and contract execution for funding from the Enterprise Fund Component of the Economic Development Allocation of the State Community Development Block Grant Program. C. UNFINISHED BUSINESS C-1 ORDINANCE NO. 461 REVISING MORRO BAY MUNICIPAL CODE CHAPTERS 2.36, 2.40, 3.40, 5.16, 9.04, 9.08, 9.16, 9.18, 9.20, 9.24, 9.27, 9.32 - SECOND READING/ADOPTION; (LOVEN) RECOMMENDATION: Approve second reading/adoption of Ordinance No. 461. C-2 STATUS REPORT ON RESIDENTIAL OCCUPANCY LIMITS; (LOVEN) RECOMMENDATION: This item has been continued to the August 25, 1997 City Council meeting. D. NEW BUSINESS D-1 REPORT BY CITY POLICE DEPARTMENT REGARDING DRUG -RELATED ACTIVITY IN THE CITY OF MORRO BAY; (LOVEN) • RECOMMENDATION: Receive report for information. 3 • D-2 CONSIDERATION OF PROHIBITION OF PUBLIC CONSUMPTION OF ALCOHOL ON CITY PROPERTY; (ANDERSON) • RECOMMENDATION: Discuss issue, and direct staff accordingly. D-3 CONSIDERATION OF ROUNDABOUT CONCEPT; (NOVAK) RECOMMENDATION: Receive report, and direct staff accordingly. E. ADJOURNMENT THIS AGENDA IS SUBJECT TO AMENDMENT UP TO 72 HOURS PRIOR TO THE DATE AND TIME SET FOR THE MEETING. PLEASE REFER TO THE AGENDA POSTED AT CITY HALL FOR ANY REVISIONS OR CALL THE CITY 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. n • MINUTES - MORRO BAY CITY COUNCIL CLOSED SESSION - AUGUST 11, 1997 CITY HALL CONFERENCE ROOM - 5:00 P.M. Mayor Novak called the meeting to order at 5:00 p.m PRESENT: Cathy Novak Mayor Rodger Anderson Councilmember Dave Elliott Councilmember William Peirce Councilmember Janice Peters Councilmember STAFF: Dave Howell City Manager David Hunt City Attorney CLOSED SESSION MOTION: Councilmember Peters moved the meeting be adjourned to Closed Session. The motion was seconded by Councilmember Anderson and unanimously carried. (5-0) Mayor Novak read the Closed Session statement. • CS-1 GOVERNMENT CODE SECTION 54956.8; REAL PROPERTY TRANS- ACTIONS - 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 A. AL JORGE PROPERTY • PROPERTY: VACANT LOT - LOCATED MAIN STREET, HARBOR STREET, MORRO BAY BOULEVARD, AND MONTEREY STREET • NEGOTIATING PARTIES: HARBOR DIRECTOR AND/OR CITY MANAGER ON BEHALF OF THE CITY; AL JORGE ON BEHALF OF THE OWNERS • NEGOTIATIONS: POSSIBLE VOLUNTARY PURCHASE B. KING/DEN-DULK PROPERTY • PROPERTY: KING PROPERTY/DEN-DULK PROPERTY • NEGOTIATING PARTIES: CITY MANAGER HOWELL ON BEHALF OF THE CITY; JOHN KING ON BEHALF OF THE PROPERTY OWNER • NEGOTIATIONS: POSSIBLE VOLUNTARY PURCHASE •. • C. NELSON/GARRIS PROPERTY • PROPERTY: DRIFTWOOD STREETIMAIN STREET/MORRO AVENUE • NEGOTIATING PARTIES: CITY MANAGER HOWELL ON BEHALF OF THE CITY; NELSON/GARRIS ON BEHALF OF THE PROPERTY OWNER • NEGOTIATIONS: POSSIBLE VOLUNTARY PURCHASE The meeting adjourned to Closed Session at 5:00 p.m. and returned to regular session at 5:45 p.m. MOTION: Councilmember Anderson moved the meeting be adjourned. The motion was seconded by Councilmember Peters and unanimously carried. (5-0) The meeting adjourned at 5:45 p.m. • •" 2 MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - AUGUST 11, 1997 VETERANS MEMORIAL HALL - 6:00 P.M. Mayor Novak called the meeting to order at 6:00 p.m. ESTABLISH QUORUM AND CALL TO ORDER PRAYER PLEDGE OF ALLEGIANCE THOUGHT FOR THE DAY MAYOR'S REPORTS & ANNOUNCEMENTS City Attorney David Hunt announced the City Council met in Closed Session regarding Real Property transactions, and no reportable action was taken. PUBLIC COMMENT Bill Yates addressed the subject of Council compensation and stated it is overdue for review. • Jim Wood stated the Boat Facility Committee recognized there are two existing boatyards in Morro Bay and said in their review they considered attracting businesses that would enhance existing businesses. Gary Ryan addressed the review of alcohol being consumed at public parks and requested it be enforced on a complaint basis. Wally McCray stated he would like to assist in the volunteer of maintaining pocket parks in the City. Mary Phillips stated she does not kiss anybody's boots for help. Steve Mathieu expressed support for the control of alcohol consumption at public parks. DECLARATION OF FUTURE AGENDA ITEMS Councilmember Peters requested to agendize the discussion of funding to remove threatening trees. Councilmember Peirce requested to agendize the discussion of the following items: 1) consideration of becoming a Charter City; 2) travelers information radio service; and 3) emergency facilities and planning in the City. fH MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - AUGUST 11, 1997 • 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 CITY COUNCIL MEETING OF JULY 28, 1997; (BAUER) RECOMMENDATION: Approve as submitted. A-2 RESOLUTION NO. 58-97 IN SUPPORT OF REDEPLOYMENT OF THE CAPE SAN MARTIN WEATHER BUOY; (NOVAK) RECOMMENDATION: Approve Resolution No. 58-97. Councilmember Anderson puled Item A-2 from the Consent Calendar. MOTION: Councilmember Elliott moved the City Council approve the Consent Calendar with the exception of Item A-2. The motion was seconded by Councilmember Anderson and carried unanimously. (5-0) • A-2 RESOLUTION NO. 58-97 IN SUPPORT OF REDEPLOYMENT OF THE CAPE SAN MARTIN WEATHER BUOY; (NOVAK) Councilmember Anderson requested Mayor Novak review this item for public information. • Mayor Novak stated this is the only off -shore weather reporting buoy off the Central California Coast. She said it was knocked off station in July 1997, and there is no federal funding to reinstall it. Mayor Novak stated it is critical to the well being of all commercial fishermen, sport fishing charter boats, and recreational boaters in transit to have this buoy in place, and requested support in urging the United States Congress in replacing the Cape San Martin weather buoy and also making it a permanent part of the National Weather Service budget. MOTION: Councilmember Anderson moved the City Council approve Resolution No. 58-97 in support of the redeployment of the Cape San Martin Weather Buoy. The motion was seconded by Councilmember Peirce and carried unanimously. (5-0) Mayor Novak requested to take the agenda out of order to hear Item D-1 next; Council concurred. n MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - AUGUST 11, 1997 D-1 REPORT BY CITY POLICE DEPARTMENT REGARDING DRUG -RELATED ACTIVITY IN THE CITY OF MORRO BAY; (LOVEN) Sergeant Gregg Beuer reviewed the City's drug -related activities for information. This was an informational item; no action was taken. B. PUBLIC HEARINGS. REPORTS & APPEARANCES B-1 REVIEW OF COMMUNITY DEVELOPMENT BLOCK GRANT ANNUAL PERFORMANCE REPORT PREPARED FOR THE 1996 MULTI -FAMILY APARTMENT DEVELOPMENT PROGRAM - 96-STBG-1021; (NAUMAN) Administrative Assistant Marcia Laurent introduced Cindy Janzen of the South Bay Improvement Association, who reviewed the Community Development Block Grant Annual Performance Report prepared for the 1996 Multi -Family Apartment Development Program. • Mayor Novak opened the hearing for public comment; there were no comments, and the public hearing was closed. • This was an informational item; no action was taken. B-2 REVIEW OF COMMUNITY DEVELOPMENT BLOCK GRANT ANNUAL PERFORMANCE REPORT PREPARED FOR THE 1995 PLANNING/ TECHNICAL ASSISTANCE PROJECT - 95-STBG-978; (NAUMAN) Administrative Assistant Marcia Laurent reviewed the Community Development Block Grant Annual Performance Report prepared for the 1995 Planning/Technical Assistance Project. Mayor Novak opened the hearing for public comment; there were no comments, and the public hearing was closed. This was an informational item; no action was taken. 5 • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - AUGUST 11, 1997 B-3 CONSIDERATION OF THE APPLICATION FOR COMMUNITY DEVELOPMENT BLOCK GRANT ECONOMIC DEVELOPMENT ENTERPRISE FUNDS TO ESTABLISH A REVOLVING LOAN FUND TO PROVIDE FINANCING TO LOCAL BUSINESSES AND EXPAND ECONOMIC OPPORTUNITIES; (NAUMAN) Greg Goodwin, President and CEO of the Economic Vitality Corporation, reviewed the application for Community Development Block Grant Economic Enterprise Funds to establish a Revolving Loan Fund to provide financing to local businesses and expand economic opportunities. Mr. Goodwin recommended the City Council receive public comments, and adopt Resolution No. 59-97 approving an application and contract execution for funding from the Enterprise Fund Component of the Economic Development Allocation of the State Community Development Block Grant Program. Mayor Novak opened the hearing for public comment. Wally McCray stated someone from the City should monitor this program. Mayor Novak closed the public comment hearing. • Mayor Novak addressed concerns with the text of this report and recommended the City Council continue this public hearing to the next Council meeting in order for the appropriate amendments to be made. • MOTION: Councilmember Peters moved the City Council continue this public hearing to the August 25, 1997 City Council meeting. The motion was seconded by Councilmember Anderson and carried unanimously. (5-0) Mayor Novak called for a break at 7:47 p.m.; the meeting resumed at 8:00 p.m. C. UNFINISHED BUSINESS C-1 ORDINANCE NO. 461 REVISING MORRO BAY MUNICIPAL CODE CHAPTERS 2.36, 2.40, 3.40, 5.16, 9.04, 9.08, 9.16, 9.18, 9.20, 9.24, 9.27, 9.32 - SECOND READING/ADOPTION; (LOVEN) Police Chief Joe Leven recommended the City Council approve the second reading and adoption of Ordinance No. 461. 3 MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - AUGUST 11, 1997 • MOTION: Councilmember Elliott moved the City Council approve the second reading and adoption of Ordinance No. 461 revising Morro Bay Municipal Code Chapters 2.36, 2.40, 3.40, 5.16, 9.04, 9.08, 9.16, 9.18, 9.20, 9.24, 9.27, 9.32. The motion was seconded by Councilmember Peters and carried unanimously. (5-0) City Manager Dave Howell read Ordinance No. 461 by title and number only. C-2 STATUS REPORT ON RESIDENTIAL OCCUPANCY LIMITS; (LOVEN) This item was continued to the August 25, 1997 City Council meeting. D. NEW BUSINESS D-2 CONSIDERATION OF PROHIBITION OF PUBLIC CONSUMPTION OF ALCOHOL ON CITY PROPERTY; (ANDERSON) Councilmember Anderson addressed existing City laws on the consumption of alcohol on City property and requested this item be further reviewed by Council at a future meeting. Council consensus was to agendize the consideration of this item at a future City Council • meeting. D-3 CONSIDERATION OF ROUNDABOUT CONCEPT; (NOVAK) Mayor Novak reviewed the benefits of roundabouts and requested this item be agendized for Council consideration. Council consensus was to agendize the consideration of this item at a future City Council meeting. F. ADJOURNMENT The meeting adjourned at 8:22 p.m. Recorded by: Bridgett Bauer City Clerk 9 7 City of Morro Bay 16 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 28, 1997; 6:00 P.M. VETERANS MEMORIAL BUILDING 209 SURF ST., MORRO BAY, CA ESTABLISH QUORUM AND CALL TO ORDER PRAYER PLEDGE OF ALLEGIANCE THOUGHT FOR THE DAY MAYOR AND COUNCILMEMBERS ANNOUNCEMENTS & PRESENTATIONS 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 CITY COUNCIL MEETING OF JULY 14, 1997, AND MINUTES OF THE SPECIAL JOINT MEETING OF THE CITY COUNCILS OF THE COUNTY OF SAN LUIS OBISPO HELD ON JUNE 5, 1997; (BAUER) 0 RECOMMENDATION: Approve as submitted. A-2 STATEMENT OF CASH AND INVESTMENTS - JUNE 1997; (KOSER) • RECOMMENDATION: Receive for information. A-3 EXPENDITURE REPORT - JUNE 1997; (KOSER) RECOMMENDATION: Approve report. A-4 RESOLUTION NO. 55-97 GRANTING FEE WAIVER FOR LIBRARY EXPANSION PROJECT; (NAUMAN) RECOMMENDATION: Approve Resolution No. 55-97 granting fee waiver for library expansion. B. PUBLIC HEARINGS, REPORTS & APPEARANCES B-1 PRESENTATION BY JIM FRANKLIN REGARDING THE MINI -REGIONAL URBAN DESIGN ASSISTANCE TEAM (RUDAT) PROJECT; (HOWELL) RECOMMENDATION: Receive presentation on RUDAT Project. • B-2 STATUS REPORT BY THE BOATING ACCESS FACILITY COMMITTEE, AND RESOLUTION NO. 57-97 APPROVING FUNDING FOR FEASIBILITY STUDY OF CONCEPT FOR BOATING ACCESS FACILITY PLAN; (ALGERT) • RECOMMENDATION: Receive status report by the Boating Access Facility Committee, and approve Resolution No. 57-97 approving funding for feasibility study of concept for Boating Access Facility Plan. B-3 ORDINANCE NO. 461 REVISING MORRO BAY MUNICIPAL CODE CHAPTERS 2.36, 2.40, 3.40, 5.16, 9.04, 9.08, 9.16, 9.18, 9.20, 9.24, 9.27, 9.32 - FIRST READING/INTRODUCTION; (LOVEN) RECOMMENDATION: Approve Ordinance No. 461 for first reading and introduction. B-4 RESOLUTION NO. 56-97 TO LEVY THE ASSESSMENT FOR THE MAINTENANCE OF THE NORTH POINT NATURAL AREA; (LUEKER) RECOMMENDATION: Adopt Resolution No. 56-97 approving to levy the assessment for the maintenance of the North Point Natural Area. 2 C. UNFINISHED BUSINESS • C-1 STATUS REPORT ON PLANNING AND BUILDING DEPARTMENT OPERATIONS; (NAUMAN) RECOMMENDATION: Receive status report on the Planning and Building Department operations. D. NEW BUSINESS D-1 CONSIDERATION OF RESPONSE TO GRAND JURY REPORT AND RECOMMENDATIONS; (HOWELL) RECOMMENDATION: Review the Grand Jury report and adopt the proposed letter of response. D-2 AUTHORIZATION TO ADVERTISE AND SET INTERVIEW DATE TO FILL VACANCIES ON THE PLANNING COMMISSION AND PUBLIC WORKS ADVISORY BOARD; (HOWELL) RECOMMENDATION: Authorize staff to advertise to fill vacancies on the Planning Commission and Public Works Advisory Board; and set interview • date for September 10,1997 at 7:00 p.m. in the City Hall Conference Room. D-3 CONSIDERATION OF APPOINTMENT OF A COUNCIL MEMBER TO THE ECONOMIC VITALITY CORPORATION (EVC) BOARD OF DIRECTORS; (HOWELL) RECOMMENDATION: Open for discussion; 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. 3 • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - JULY 28, 1997 VETERANS MEMORIAL HALL - 6:00 P.M. Mayor Novak called the meeting to order at 6:00 p.m. ESTABLISH QUORUM AND CALL TO ORDER PRAYER PLEDGE OF ALLEGIANCE THOUGHT FOR THE DAY MAYOR'S REPORTS & ANNOUNCEMENTS PUBLIC COMMENT Harry Rogers addressed Council on the use of in -lieu parking fees and requested this issue be agendized for more public input. Lynda Merrill addressed Council on the delivery of State Water in North Morro Bay. She also noted the stop signs on Morro Bay Boulevard are an aggravation for those who travel on it. • Mary Phillips stated she is still waiting to have a hearing on the issue of her camper; she noted she would hope it has not been demolished until after her hearing. Mrs. Phillips also said she was not out of order at the last City Council meeting and feels she deserves rebuttal time on issues involving her matters. John Barta stated according to the Public Works Director, North Morro Bay will receive State Water. He thanked the Mayor and those who made effort in obtaining funding for the harbor dredging project. Mr. Barta also shared an article with photos of Morro Bay in People magazine. Paul Twedt addressed Council regarding PEG Access and its benefit to the community. Colby Crotzer presented Council with a petition to preserve the natural beauty of the bay by not placing a boat launch ramp on Coleman Drive, and only allowing a single -lane pedestrian/bicycle/emergency vehicle bridge over Morro Creek. Ralph Agee addressed Council on the delivery of State Water to North Morro Bay. Mayor Novak responded to the following comments: 1) North Morro Bay will be receiving State Water; 2) the Police Department is handling Mary Phillips' issues; 3) the launch ramp issue will be on the Council agenda soon. • DECLARATION OF FUTURE AGENDA ITEMS - None. MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - JULY 28, 1997 • 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 CITY COUNCIL MEETING OF JULY 14, 1997, AND MINUTES OF THE SPECIAL JOINT MEETING OF THE CITY COUNCILS OF THE COUNTY OF SAN LUIS OBISPO HELD ON JUNE 5, 1997; (BAUER) RECOMMENDATION: Approve as submitted. A-2 STATEMENT OF CASH AND INVESTMENTS - JUNE 1997; (KOSER) RECOMMENDATION: Receive for information. A-3 EXPENDITURE REPORT - JUNE 1997; (KOSER) RECOMMENDATION: Approve report. A-4 RESOLUTION NO. 55-97 GRANTING FEE WAIVER FOR LIBRARY • EXPANSION PROJECT; (NAUMAN) RECOMMENDATION: Approve Resolution No. 55-97 granting fee waiver for library expansion. Councilmember Peters pulled Item A-1 from the Consent Calendar. MOTION: Councilmember Elliott moved the City Council approve the Consent Calendar with the exception of Item A-1. The motion was seconded by Councilmember Peirce and carried unanimously. (5-0) A-1 APPROVAL OF MINUTES FOR THE REGULAR CITY COUNCIL MEETING OF JULY 14, 1997, AND MINUTES OF THE SPECIAL JOINT MEETING OF THE CITY COUNCILS OF THE COUNTY OF SAN LUIS OBISPO HELD ON JUNE 5, 1997; (BAUER) Councilmember Peters requested the following sentence be added to Item C-I of the July 14, 1997 City Council minutes: Mr. Priddy assured the Council that the pipe used, while not what was originally ordered, is of an acceptable and equally effective • quality and should have an equal lifespan. 2 MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - JULY 28, 1997 • MOTION: Councilmember Peters moved the City Council approve Item A-1 as amended. The motion was seconded by Councilmember Anderson and carried unanimously. (5-0) B. PUBLIC HEARINGS. REPORTS & APPEARANCES B-1 PRESENTATION BY JIM FRANKLIN REGARDING THE MINI -REGIONAL URBAN DESIGN ASSISTANCE TEAM (RUDAT) PROJECT; (HOWELL) Jim Franklin of Cal Poly School of Architecture made a presentation regarding the Mini - Regional Urban Design Assistance Team Project taking place in Morro Bay. Mayor Novak opened the hearing for public comment. Suedene Nelson, Director of Chamber of Commerce, stated tickets for the RUDAT barbecue will be available at several locations within the City. Wally McCray stated the upcoming town hall meetings will be a benefit for the public. Colby Crotzer noted 3-million tourists would be too many tourists for Morro Bay. • Mayor Novak closed the public comment hearing. • This was an informational item; no action was taken. B-2 STATUS REPORT BY THE BOATING ACCESS FACILITY COMMITTEE, AND RESOLUTION NO. 57-97 APPROVING FUNDING FOR FEASIBILITY STUDY OF CONCEPT FOR BOATING ACCESS FACILITY PLAN; (ALGERT) Harbor Director Rick Algert stated at the direction of Council, a committee was formed to review and make recommendations on the following issues: Review of existing boat launching/repair/storage capacity in Morro Bay harbor and projected demand, and provide Council with a recommendation whether improved or additional facilities are desirable; 2. Review of various possible sites for boat launching/repair/storage facilities, and provide Council with a recommendation on which sites are feasible for further improvements or development of a new facility; 3 MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - JULY 28, 1997 • 3. Review market economics and development costs of boat repair/launching/storage facilities, and provide the City Council with recommendation for size and type of facilities which are most desirable at the selected sites. The Boating Access Committee consists of Jim Wood, Harbor Advisory Board; Linda Donnelly, Recreation & Parks Commission; Bill Olson, Public Works Advisory Board; and Wally McCray, Planning Commission. The Committee made a presentation noting the following findings: 1) The Committee agrees that existing boat launching/repair/storage capacity in Morro Bay, especially for larger vessels, is inadequate given existing conditions and will probably become more impacted with time 2) Currently, there is not a viable location for haul out and launching of larger vessels. It would benefit local commercial boats and transient vessels in need of repair while in port, and the City to provide such access for vessels up to 70 tons. 3) The existing launch ramp at Tidelands Park is limited in parking and becomes impacted during peak use periods. Storage areas, for both trailerable and larger vessels, are inadequate at this time. • After reviewing the waterfront area, the Committee reached a consensus that the best location for additional boat launching/repair/storage would be by the curve in the Embarcadero along Coleman Drive. The Committee recognizes that to effectively accomplish anything in that area, the City must purchase the Den-Dulk property. The Target Rock/Morro Rock area is not appropriate due to recreational use, kelp beds and other environmental and community concern constraints. The Committee determined that re -aligning the Embarcadero to provide more beach access would be the best alternative. • The Committee's finalized conceptual plan includes: water access on City property adjacent to the PG&E facility for large vessel haul out, recreational use and small craft boat access at Coleman Beach, a commercial boat repair yard and storage yard on the Den-Dulk property and adjacent City property along Coleman Drive. The Committee recommended Council receive their report and recommendation, and hold a public hearing to receive public input on the conceptual plan. 4 • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - JULY 28, 1997 Mr. Algert also recommended Council authorize expenditure of up to $9,000 out of harbor capital account for Concept Marine Associates to provide technical support to define economic, and engineering feasibility in developing the proposed plan and to allow for further work by the Boating Access Facility Committee. This authorization would be made by adoption of Resolution No. 57-97. Mayor Novak opened the hearing for public comment. Colby Crotzer stated increased access is important to the tourism of the community. He said a two-lane bridge across Morro Creek would create a negative impact to the downtown business district. Mr. Crotzer noted caution to the cost of the acquisition of the Den-Dulk property. Bill Olson stated a two-lane bridge would be inappropriate for the Committee's recommended plan. Mayor Novak closed the public comment hearing. MOTION: Councilmember Peirce moved the City Council approve Resolution No. 57-97 authorizing expenditure of up to $9,000 from an existing budgeted • but unexpended harbor fund capital account for technical support to define economic, and engineering feasibility of the proposed plan. The motion was seconded by Councilmember Anderson and carried unanimously. (5-0) Mayor Novak called for a break at 7:48 p.m.; the meeting resumed at 8:04 p.m. The agenda was taken out of order to hear Item B-4 prior to Item B-3. B-4 RESOLUTION NO. 56-97 TO LEVY THE ASSESSMENT FOR THE MAINTENANCE OF THE NORTH POINT NATURAL AREA; (LUEKER) Recreation & Parks Director Andrea Lueker recommended the City Council hold a public hearing on the annual levy of assessment for the North Point Natural Area Landscaping and Lighting Maintenance Assessment District. She noted by adopting Resolution No. 56-97, $5,645 will be collected through an assessment of all parcel owners in the North Point Subdivision for the maintenance of the North Point Natural Area. Mayor Novak opened the hearing for public comment. John Belsher, attorney for the developer of the North Point Subdivision, stated the developer believes it is unfair that the property owners should pay for the maintenance of • a public park, and requested reconsideration for the costs of maintaining the North Point Natural Area. 5 11 MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - JULY 28, 1997 Frank Denis, developer of North Point Subdivision, stated the Denis family has donated property to the City, and it would be unfair for them to be obligated for the costs of maintaining the North Point Natural Area for public benefit. Mayor Novak closed the public comment hearing. After Council discussion of the costs involved in maintaining this natural area, they concluded by amending the resolution reducing the cost of the assessment to $5,000, to be equally distributed per assessable parcel. Councilmember Elliott noted he disagrees that the property owners should be assessed for the benefit of the public. MOTION: Councilmember Anderson moved the City Council approve Resolution No. 56-97 ordering the levy of the annual assessment for the North Point Natural Area Landscaping and Lighting Maintenance Assessment District as amended. The motion was seconded by Councilmember Peters and carried with Councilmember Elliott voting no. (4-1) B-3 ORDINANCE NO. 461 REVISING MORRO BAY MUNICIPAL CODE • CHAPTERS 2.36, 2.40, 3.40, 5.16, 9.04, 9.08, 9.16, 9.18, 9.20, 9.24, 9.27, 9.32 - FIRST READING/INTRODUCTION; (LOVEN) Police Chief Joe Loven introduced Ordinance No. 461 stating a number of sections have been deleted as they are preempted by state law, some sections have been retitled and rechaptered to help clear up confusion, and some have been amended to reflect desired and necessary changes in the codes due to court decisions that affect the existing ordinances. He recommended Council approve Ordinance No. 461 for first reading and introduction. Mayor Novak opened the hearing for public comment; there were no comments, and the public comment hearing was closed. MOTION: Councilmember Elliott moved the City Council approve Ordinance No. 461 for first reading and introduction. The motion was seconded by Councilmember Peirce and carried unanimously. (5-0) City Administrator Dave Howell read Ordinance No. 461 by title and number. The agenda was taken out of order to hear Item D-3 next. 0 MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - JULY 28, 1997 D-3 CONSIDERATION OF APPOINTMENT OF A COUNCIL MEMBER TO THE ECONOMIC VITALITY CORPORATION (EVC) BOARD OF DIRECTORS; (HO WELL) City Administrator Dave Howell stated at the January 27, 1997 City Council meeting, Council received a presentation from Gregg Goodwin, President/CEO of the Economic Vitality Corporation (EVC). At that time, Mr. Goodwin requested the appointment of a Morro Bay City Council Member to serve on the EVC Board of Directors. Mr. Howell recommended Council discuss and appoint a Council Member to serve on this board. MOTION: Councilmember Peirce moved the City Council appoint Councilmember Elliott to serve on the Economic Vitality Corporation Board of Directors. The motion was seconded by Councilmember Peters and carried unanimously. (5-0) C. UNFINISHED BUSINESS C-1 STATUS REPORT ON PLANNING AND BUILDING DEPARTMENT OPERATIONS; (NAUMAN) • Acting Planning & Building Director Shauna Nauman reviewed the status report on Planning and Building Department operations. • This was an informational item; no action was taken. D. NEW BUSINESS D-1 CONSIDERATION OF RESPONSE TO GRAND JURY REPORT AND RECOMMENDATIONS; (HOWELL) City Administrator Dave Howell reviewed the Grand Jury Report regarding the inquiry into the use of special funds of the City. Mr. Howell provided a letter of response for Council's review, modification, and adoption. MOTION: Councilmember Peirce moved the City Council authorize the Mayor to sign the letter of response to the Grand Jury's inquiry to the use of special funds of the City. The motion was seconded by Councilmember Elliott and carried unanimously. (5-0) 7 MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - JULY 28, 1997 • D-2 AUTHORIZATION TO ADVERTISE AND SET INTERVIEW DATE TO FILL VACANCIES ON THE PLANNING COMMISSION AND PUBLIC WORKS ADVISORY BOARD; (HOWELL) Mayor Novak requested Council's authorization to advertise vacancies on the Planning Commission and Public Works Advisory Board, and schedule an interview date. Council consensus was to schedule the interviews in September when Councilmember Anderson returns from vacation. MOTION: Councilmember Peirce moved the City Council authorize staff to advertise the vacancies on the Planning Commission and Public Works Advisory Board. The motion was seconded by Councilmember Peters and carried unanimously. (5-0) F. ADJOURNMENT The meeting adjourned at 10:15 p.m. Recorded by: Bridgett Bauer City Clerk 41 3 Is City of Morro Bay City Council Agenda Mission Statement The City of Mono 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 14, 1997; 5:00 P.M. CLOSED SESSION - JULY 14, 1997 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 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 TRANS- ACTIONS 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. A. ONE POSSIBLE PURCHASE: PROPERTY: DRIFTWOOD/MAIN/MORRO NEGOTIATING PARTIES: CITY MANAGER HOWELL; NELSON/GARRIS NEGOTIATIONS: POSSIBLE VOLUNTARY PURCHASE B. ONE POSSIBLE APPROVAL OF ASSIGNMENT OF LEASE SITE PROPERTY: LEASE SITES 87/87W - 89/89W NEGOTIATING PARTIES: CITY MANAGER HOWELL AND HARBOR DIRECTOR ALGERT; RALPH GUNTHER AND GEORGE LEAGE AND JOSEF STEINMANN NEGOTIATIONS: POSSIBLE ASSIGNMENT OF LEASE PUBLIC SESSION - JULY 14, 1997 VETERANS MEMORIAL HALL - 6:00 P.M. 209 SURF ST., MORRO BAY, CA ESTABLISH QUORUM AND CALL TO ORDER PRAYER PLEDGE OF ALLEGIANCE THOUGHT FOR THE DAY MAYOR AND COUNCILMEMBERS ANNOUNCEMENTS & PRESENTATIONS 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 CITY COUNCIL MEETING OF JUNE 23, 1997; (BAUER) RECOMMENDATION: APPROVE AS SUBMITTED. A-2 QUARTERLY SALES TAX REPORT; (KOSER) RECOMMENDATION: ACCEPT THE REPORT FOR INFORMATION. A-3 TRANSIENT VENDOR BUSINESS LICENSE STATUS REPORT; (KOSER) • RECOMMENDATION: ACCEPT THE REPORT FOR INFORMATION. K A-4 RESOLUTION NO. 52-97 APPROVING POLICY FOR PARKING IN -LIEU PAYMENT PLANS; (KOSER) RECOMMENDATION: ADOPT RESOLUTION NO. 52-97 ESTABLISHING MINIMUM ACCEPTABLE TERMS FOR NEGOTIATION OF PAYMENT PLANS FOR PARKING IN -LIEU FEES. A-5 RESOLUTION NO. 54-97 APPROVING ASSIGNMENT OF LEASE SITES 87- 88/87W-88W AND 89-89W: GUNTHER/LEAGE/STEINMANN; (ALGERT) RECOMMENDATION: ADOPT RESOLUTION NO. 54-97 APPROVING ASSIGNMENT OF LEASE AGREEMENTS FOR LEASE SITES 87-88/87W- 88W AND 89/89W. A-6 RESOLUTION NO. 53-97 APPROVING AMENDMENT TO DEPARTMENTAL PROCEDURES ALLOWING THE CLOSURE OF NON -SAFETY CITY OFFICES ON MONDAY - FRIDAY BETWEEN 1:30 P.M. -3:30 P.M.; (NAUMAN) RECOMMENDATION: ADOPT RESOLUTION NO. 53-97 APPROVING AMENDMENT TO DEPARTMENTAL PROCEDURES. • A-7 REQUEST BY EOC HEALTH SERVICES FOR FACILITY USE FEE WAIVER - THIS ITEM HAS BEEN PULLED FROM THE AGENDA. • A-8 REQUEST TO AUTHORIZE THE CITY ATTORNEY IN JOINING AS AMICUS IN FAVOR OF THE CITY OF SAN DIEGO IN RIDER V. CITY OF SAN DIEGO; (HUNT) RECOMMENDATION: AUTHORIZE THE CITY ATTORNEY TO TRANSMIT THE CITY`S CONSENT AND JOINDER AS AN AMICUS IN FAVOR OF THE CITY OF SAN DIEGO. B. PUBLIC HEARINGS, REPORTS & APPEARANCES B-1 PRESENTATION BY UNITED STATES COAST GUARD REGARDING MORRO BAY'S 44-FOOT RESCUE BOAT AND STATION OPERATIONS RECOMMENDATION: RECEIVE PRESENTATION BY THE UNITED STATES COAST GUARD. 3 B-2 ORDINANCE NO. 461 REVISING VARIOUS MORRO BAY MUNICIPAL • CODES: FIRST READING/INTRODUCTION; (LOVEN) - THIS ITEM HAS BEEN CONTINUED TO THE JULY 28, 1997 CITY COUNCIL MEETING. C. UNFINISHED BUSINESS C-1 PRESENTATION BY SAN LUIS OBISPO COUNTY ON CHORRO VALLEY PIPELINE CONSTRUCTION; (BOUCHER) RECOMMENDATION: RECEIVE PRESENTATION BY SAN LUIS OBISPO COUNTY. C-2 DISCUSSION ON ALLOCATION OF COUNCIL DISCRETIONARY FUNDS FOR PLAN CHECK AND INSPECTION FEES AND WATER AND SEWER IMPACT FEES TO ASSIST THE MORRO BAY FRIENDS OF THE LIBRARY IN THE ADDITION TO THE CITY'S LIBRARY BUILDING; (NAUMAN) RECOMMENDATION: DIRECT STAFF ON DISTRIBUTION OF COUNCIL DISCRETIONARY FUNDS TO COVER COSTS FOR THE LIBRARY EXPANSION. C-3 STATUS REPORT ON PLANNING AND BUILDING DEPARTMENT • OPERATIONS; (NAUMAN) - THIS ITEM HAS BEEN CONTINUED TO THE JULY 28, 1997 CITY COUNCIL MEETING. D. NEW BUSINESS - NONE. E. ADJOURNMENT THIS AGENDA IS SUBJECT TO AMENDMENT UP TO 72 HOURS PRIOR TO THE DATE AND TIME SET FOR THE MEETING. PLEASE REFER TO THE AGENDA POSTED AT CITY HALL FOR ANY REVISIONS OR CALL THE CLERK'S OFFICE AT 772-6200 FOR FURTHER INFORMATION. COPIES OF STAFF REPORTS OR OTHER PUBLIC DOCUMENTATION RELATING TO EACH ITEM OF BUSINESS REFERRED TO ON THIS AGENDA ARE ON FILE IN THE OFFICE OF THE CITY CLERK AND AVAILABLE FOR PUBLIC INSPECTION AND REPRODUCTION AT COST AT CITY HALL, LIBRARY, MILLS STATIONERY AND THE INN AT MORRO BAY. 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. 171 MINUTES - MORRO BAY CITY COUNCIL • CLOSED SESSION -JULY 14, 1997 CITY HALL CONFERENCE ROOM - 5:00 P.M. Mayor Novak called the meeting to order at 5:00 p.m PRESENT: Cathy Novak Mayor Rodger Anderson Councilmember Dave Elliott Councilmember William Peirce Councilmember Janice Peters Councilmember STAFF: Dave Howell City Administrator David Hunt City Attorney CLOSED SESSION MOTION: Councilmember Peirce moved the meeting be adjourned to Closed Session. The motion was seconded by Councilmember Anderson and unanimously carried. (5-0) Mayor Novak 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 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 TRANS- ACTIONS 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. A. ONE POSSIBLE PURCHASE: PROPERTY: DRIFTWOOD/MAIN/MORRO • NEGOTIATING PARTIES: CITY MANAGER HOWELL; NELSON/GARRIS NEGOTIATIONS: POSSIBLE VOLUNTARY PURCHASE • B. ONE POSSIBLE APPROVAL OF ASSIGNMENT OF LEASE SITE PROPERTY: LEASE SITES 87/87W - 89/89W NEGOTIATING PARTIES: CITY MANAGER HOWELL AND HARBOR DIRECTOR ALGERT; RALPH GUNTHER AND GEORGE LEAGE AND JOSEF STEINMANN NEGOTIATIONS: POSSIBLE ASSIGNMENT OF LEASE The meeting adjourned to Closed Session at 5:00 p.m. and returned to regular session at 5:45 p.m. MOTION: Councilmember Anderson moved the meeting be adjourned. The motion was seconded by Councilmember Peirce and unanimously carried. (5-0) The meeting adjourned at 5:45 p.m. MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - JULY 14, 1997 VETERANS MEMORIAL HALL - 6:00 P.M. • Mayor Novak called the meeting to order at 6:00 p.m. s ESTABLISH QUORUM AND CALL TO ORDER PRAYER PLEDGE OF ALLEGIANCE THOUGHT FOR THE DAY MAYOR'S REPORTS & ANNOUNCEMENTS PUBLIC COMMENT Frank St. Denis presented the City Council with drinking water from the State Water Pipeline. Nina Litvinoff expressed thanks to the City for State Water; she also requested the return of the City's 4th of July firework celebration; and she also expressed concern regarding the towing away of a private citizen's vehicle authorized by the City's Police Department. Ralph Gunther requested Item A-5 be pulled from the Consent Calendar, and that no action be taken on this item at this meeting. 2 MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - JULY 14, 1997 • Mary Phillips addressed the towing of her vehicle authorized by the City Police Department; she also addressed a 911 call she placed regarding her friend and other requests made by herself which have been ignored by the City. Mrs. Phillips stated she will sue the City. Wally McCray thanked those who supported Dig -Out Day. He also thanked those people who have adopted trees. Barbara Playan expressed her support and appreciation to the Police Department regarding the towing of Mary Phillip's vehicle. Art Stansbury presented the City Council with a letter and addressed Morro Bay Municipal Code Chapter 17.40(b) regarding the height limit in the Atascadero Beach Tract. Grace Melton addressed Council regarding the upcoming celebration of "Dredge the Bay". Susan Rocha thanked the Police Department for having the vehicle towed away on Ironwood Avenue. John Barta expressed thanks to the City Council for the additional funding for Community Promotions, who recently sponsored "Outdoor Writers" which benefited the City with a front page photograph of Morro Bay in the travel section of a Los Angeles newspaper. • Paul Twedt addressed the advantages of PEG Access. 9 Charles Palmer addressed the stop signs placed on Morro Bay Boulevard stating they are of no benefit to the City. Lionel Johnston stated he would like to offer trees to the City for planting. Linda Donnelly addressed concern with the stop signs on Morro Bay Boulevard, and requested some warning indications prior to the stop signs. Mayor Novak made clarification to the two issues involving Mary Phillips. Mayor Novak called a break at 6:55 p.m.; the meeting resumed at 7:02 p.m. Councilmember Peters addressed the height limit issue in the Atascadero Beach Tract. Councilmember Anderson stated the stop signs on Morro Bay Boulevard were primarily placed for pedestrian safety. 3 MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - JULY 14, 1997 • Councilmember Elliott addressed the 4th of July firework celebration and how much effort it takes and how it lacked people wanting to be involved; he also stated the purpose of the stop signs on Morro Bay Boulevard is to slow traffic down in order for people to take notice to the Old Town area. DECLARATION OF FUTURE AGENDA ITEMS Mayor Novak requested discussion on "round-abouts" along Highway One at a future meeting. Councilmember Anderson requested the discussion of an ordinance eliminating the use of alcohol at City parks. 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 CITY COUNCIL MEETING OF JUNE 23, 1997; (BAUER) • RECOMMENDATION: APPROVE AS SUBMITTED. • A-2 QUARTERLY SALES TAX REPORT; (KOSER) RECOMMENDATION: ACCEPT THE REPORT FOR INFORMATION. A-3 TRANSIENT VENDOR BUSINESS LICENSE STATUS REPORT; (KOSER) RECOMMENDATION: ACCEPT THE REPORT FOR INFORMATION. A-4 RESOLUTION NO. 52-97 APPROVING POLICY FOR PARKING IN -LIEU PAYMENT PLANS; (KOSER) RECOMMENDATION: ADOPT RESOLUTION NO. 52-97 ESTABLISHING MINIMUM ACCEPTABLE TERMS FOR NEGOTIATION OF PAYMENT PLANS FOR PARKING IN -LIEU FEES. 4 • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - JULY 14, 1997 A-5 RESOLUTION NO. 54-97 APPROVING ASSIGNMENT OF LEASE SITES 87- 88/87W-88W AND 89-89W: GUNTHER/LEAGE/STEINMANN; (ALGERT) RECOMMENDATION: ADOPT RESOLUTION NO. 54-97 APPROVING ASSIGNMENT OF LEASE AGREEMENTS FOR LEASE SITES 87-88/87W-88W AND 89/89W. A-6 RESOLUTION NO. 53-97 APPROVING AMENDMENT TO DEPARTMENTAL PROCEDURES ALLOWING THE CLOSURE OF NON -SAFETY CITY OFFICES ON MONDAY - FRIDAY BETWEEN 1:30 P.M. -3:30 P.M.; (NAUMAN) RECOMMENDATION: ADOPT RESOLUTION NO. 53-97 APPROVING AMENDMENT TO DEPARTMENTAL PROCEDURES. A-7 REQUEST BY EOC HEALTH SERVICES FOR FACILITY USE FEE WAIVER - THIS ITEM HAS BEEN PULLED FROM THE AGENDA. A-8 REQUEST TO AUTHORIZE THE CITY ATTORNEY IN JOINING AS AMICUS IN FAVOR OF THE CITY OF SAN DIEGO IN RIDER V. CITY OF SAN DIEGO; (HUNT) • RECOMMENDATION: AUTHORIZE THE CITY ATTORNEY TO TRANSMIT THE CITY`S CONSENT AND JOINDER AS AN AMICUS IN FAVOR OF THE CITY OF SAN DIEGO. Mayor Novak pulled Item A-1 and A-5 from the Consent Calendar; Councilmember Peters pulled Item A-4. MOTION: Councilmember Peirce 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 Anderson and carried unanimously. (5-0) A-1 APPROVAL OF MINUTES FOR THE REGULAR CITY COUNCIL MEETING OF JUNE 23, 1997; (BAUER) Mayor Novak addressed a correction made to Item C-2 (Consideration of Options for Video Broadcasting City Council Meetings), page 7, paragraphs 3 and 4 (the motion), requesting the deletion of Estero Community Access; she noted the City's present contract is solely with Alpha Video. Councilmember Peters also addressed Item C-2, and requested her reason for opposing the . motion to be recorded in the minutes. E MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - JULY 14, 1997 • MOTION: Mayor Novak 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 RESOLUTION NO. 52-97 APPROVING POLICY FOR PARKING IN -LIEU PAYMENT PLANS; (KOSER) Councihmember Peters reviewed for public benefit the terms for negotiation of payment plans for parking in -lieu fees. Mayor Novak recommended Council continue discussion of this item after the Unfinished Business portion of the agenda; Council concurred. A-5 RESOLUTION NO. 54-97 APPROVING ASSIGNMENT OF LEASE SITES 87- 88/87W-88W AND 89-89W: GUNTHER/LEAGE/STEINMANN; (ALGERT) City Attorney David Hunt reviewed the process of this assignment and recommended Council pull this item and reagendize it for a future meeting. Council concurred, and pulled this item from the Consent Calendar as per Mr. Gunther's request. • B. PUBLIC HEARINGS, REPORTS & APPEARANCES B-1 PRESENTATION BY UNITED STATES COAST GUARD REGARDING MORRO BAY'S 44-FOOT RESCUE BOAT AND STATION OPERATIONS The City Council received a presentation by Ben Brown of the United States Coast Guard regarding Morro Bay's 44-foot rescue boat and station operations. Mayor Novak opened the hearing for public comment. Jim Wood expressed concern with the placement of a 44-foot rescue boat and the distance it will be able to travel out to sea. Mayor Novak closed the public comment hearing. This was an informational item only; no action was taken. B-2 ORDINANCE NO. 461 REVISING VARIOUS MORRO BAY MUNICIPAL CODES: FIRST READING/INTRODUCTION; (LOVEN) This item was continued to the July 28, 1997 City Council meeting. 3 1 A MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - JULY 14, 1997 C. UNFINISHED BUSINESS C-1 PRESENTATION BY SAN LUIS OBISPO COUNTY ON CHORRO VALLEY PIPELINE CONSTRUCTION; (BOUCHER) Public Works Director Bill Boucher introduced Glen Priddy from the San Luis Obispo County Flood Control and Water Conservation District who addressed questions received concerning the installation of potentially "non-standard" sections of pipe along the route of Segment 2 of the Chorro Valley Pipeline during construction in 1996. Mr. Priddy assured the Council that the pipe used, while not what was originally ordered is of an acceptable and equally effective quality and should have an equal lifespan This was an informational item only; no action was taken. Mayor Novak called for a break at 8:17 p.m.; the meeting resumed at 8:27 p.m. C-2 DISCUSSION ON ALLOCATION OF COUNCIL DISCRETIONARY FUNDS FOR PLAN CHECK AND INSPECTION FEES AND WATER AND SEWER IMPACT FEES TO ASSIST THE MORRO BAY FRIENDS OF THE LIBRARY IN • THE ADDITION TO THE CITY'S LIBRARY BUILDING; (NAUMAN) 0. Acting Planning and Building Director Shauna Nauman requested the City Council discuss how to distribute the allocation of funds from the Council Discretionary Fund approved on June 23, 1997 to be transferred to the appropriate revenue accounts to cover the cost of the library expansion proposed by the Morro Bay Friends of the Library. Council consensus was to waive the plan check and inspection fees and water and sewer impact fees for the library expansion. Council directed staff to return with a resolution waiving these fees. No further action was taken on this item. C-3 STATUS REPORT ON PLANNING AND BUILDING DEPARTMENT OPERATIONS; (NAUMAN) This item was continued to the July 28, 1997 City Council meeting. W MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - JULY 14, 1997 A-4 RESOLUTION NO. 52-97 APPROVING POLICY FOR PARKING IN -LIEU PAYMENT PLANS; (KOSER) (Discussion continued from the Consent Calendar) City Administrator Dave Howell and City Attorney David Hunt made clarification regarding the proposed policy regarding parking in -lieu payment plans. MOTION: Councilmember Anderson moved the City Council adopt Resolution No. 52- 97 approving policy for parking in -lieu payment plans. The motion was seconded by Councilmember Peirce and carried unanimously. (5-0) D. NEW BUSINESS - NONE. F. ADJOURNMENT The meeting adjourned at 8:55 p.m. Recorded by: Bridgett Bauer City Clerk W K City of Morro Bay r City Council Agenda Mission Statement The City of Mono Bay is dedicated to the preservation and enhancement of the quality of life. The City shall be committed to this purpose and will provide a level of municipal service and safety consistent with and responsive to the needs of the public. REGULAR MEETING - JUNE 23, 1997; 5:00 P.M. CLOSED SESSION - JUNE 23, 1997 CITY HALL CONFERENCE ROOM - 5:00 P.M. 595 HARBOR ST., MORRO BAY, CA CS-1 GOVERNMENT CODE SECTION 54956.9(Ql CONFERENCE WITH LEGAL COUNSEL DUE ANTICIPATED LITIGATION; DISCUSS WITH LEGAL COUNSEL, BASED ON EXISTING FACTS, WHETHER TO INITIATE LITIGATION AS TO TWO MATTERS. • PUBLIC SESSION - JUNE 23, 1997 VETERANS MEMORIAL HALL - 6:00 P.M. 209 SURF ST., MORRO BAY, CA ESTABLISH QUORUM AND CALL TO ORDER PRAYER PLEDGE OF ALLEGIANCE THOUGHT FOR THE DAY MAYOR AND COUNCILMEMBERS ANNOUNCEMENTS & PRESENTATIONS 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 CITY COUNCIL MEETING OF JUNE 9, 1997 RECOMMENDATION: Approve as submitted. A-2 STATEMENT OF CASH AND INVESTMENTS - MAY 1997 RECOMMENDATION: Receive for information. • A-3 EXPENDITURE REPORT - MAY 1997 RECOMMENDATION: Approve as submitted. • A-4 COST ALLOCATION PLAN UPDATE FOR FISCAL YEAR 1996/97 RECOMMENDATION: Accept the Cost Allocation Update for use in Fiscal Year 1997/98. A-5 ASSIGNMENT AND ASSUMPTION OF LEASE SITE 87-89/87W-89W RECOMMENDATION: This item has been pulled from the agenda. A-6 RESOLUTION NO. 46-97 APPROVING THE APPLICATION FOR GRANT FUNDING FOR THE QUINTANA ROAD RIPARIAN CORRIDOR ENHANCEMENT PROJECT RECOMMENDATION: Approve Resolution No. 46-97, and authorize the Mayor to sign the application. 2 • A-7 PROCLAMATION DECLARING JUNE 1997 AS "RESOURCES FOR YOUTH MONTH" RECOMMENDATION: Adopt the proclamation. A-8 RESOLUTION NO. 50-97 APPROVING FUNDING FOR ENTRANCE SIGNS ADVERTISING CITY EVENTS, AND APPROVAL OF FUNDING FOR TROLLEY ADVERTISING RECOMMENDATION: Approve Resolution No. 50-97. B. PUBLIC HEARINGS REPORTS & APPEARANCES B-1 RESOLUTION NO. 48-97 ADOPTING APPROPRIATION LIMIT CALCULATION FOR FISCAL YEAR 1997/98 RECOMMENDATION: Approve Resolution No. 48-97. B-2 ISSUANCE OF ARCADE PERMIT FOR 231 ATASCADERO ROAD is RECOMMENDATION: Approve the Business License Application to operate a video arcade at 231 Atascadero Road that is in compliance with established operating conditions and the City Municipal Code. • B-3 RESOLUTION NO. 47-97 APPROVING INTENT TO LEVY THE ANNUAL ASSESSMENT FOR THE MAINTENANCE OF THE NORTH POINT NATURAL AREA, AND APPROVAL OF THE ENGINEERS REPORT RECOMMENDATION: Review and approve the Engineers Report, and adopt Resolution No. 47-97 declaring the intent to levy the annual assessment for the maintenance of the North Point Natural Area. B-4 RESOLUTION NO. 49-97 APPROVING THE APPLICATION FOR GRANT FUNDS FOR THE COASTAL RESOURCES GRANT PROGRAM (AB 1431) FOR PREPARATION OF A LOCAL COASTAL PLAN/GENERAL PLAN UPDATE RECOMMENDATION: Adopt Resolution No. 49-97 approving the City's grant application. 3 • C. UNFINISHED BUSINESS C-1 ORDINANCE NO. 459 REVISING SECTIONS OF THE MORRO BAY MUNICIPAL CODE; SECOND READING/ADOPTION RECOMMENDATION: Approve second reading and adoption of Ordinance No. 459. C-2 CONSIDERATION OF OPTIONS FOR VIDEO BROADCASTING OF CITY COUNCIL MEETINGS RECOMMENDATION: Direct staff accordingly. C-3 PRESENTATION BY CITY ATTORNEY REGARDING STATUS OF DEN DULK (KING) PROPERTY RECOMMENDATION: Receive for information. C-4 CONSIDERATION OF INCREASE IN HOURLY RATE PAID TO LAIDLAW FOR TROLLEY SERVICES • RECOMMENDATION: Approve the rate increase to $12.17 per hour for the 1997 Trolley Season. is D. NEW BUSINESS D-1 CONSIDERATION OF INCREASE TO ACCOUNT BASE USED IN CALCULATING MONTHLY FEE FOR CURBSIDE RECYCLING RECOMMENDATION: Consider RALCCO's request for an increase in the account base to 4,687 retroactive to January 1997, and consider the restructuring of the garbage rate system. D-2 RESOLUTION NO. 51-97 REQUESTING WATER EQUIVALENCY UNITS TO BE AWARDED TO MORRO BAY FRIENDS OF THE LIBRARY FROM CITY BANK, AND REQUEST FOR BUILDING PERMIT FEE WAIVER BY MORRO BAY FRIENDS OF THE LIBRARY RECOMMENDATION: Approve Resolution No. 51-97 awarding 0.05 water equivalency units from the retrofit program "bank" for a 288 sq. ft. addition to the city library. M • D-3 CONSIDERATION OF PENDING VACANCY ON PLANNING COMMISSION RECOMMENDATION: Accept Commissioner's resignation and advertise for new applicants or appoint from previous list of applicants. D-4 PROPOSAL TO CLOSE CITY OFFICES DURING SPECIFIED TIMES RECOMMENDATION: Review and approve proposal to close non-public safety response offices to the public during the hours of 1:30 p.m. - 3:30 p.m., Monday through Friday, to allow staff to focus, uninterrupted, on specific projects as a means to increase overall efficiency and productivity. E. ADJOURNMENT THIS AGENDA IS SUBJECT TO AMENDMENT UP TO 72 HOURS PRIOR TO THE DATE AND TIME SET FOR THE MEETING. PLEASE REFER TO THE AGENDA • POSTED AT CITY HALL FOR ANY REVISIONS OR CALL THE CLERK'S OFFICE AT 772-6200 FOR FURTHER INFORMATION. • COPIES OF STAFF REPORTS OR OTHER PUBLIC DOCUMENTATION RELATING TO EACH ITEM OF BUSINESS REFERRED TO ON THIS AGENDA ARE ON FILE IN THE OFFICE OF THE CITY CLERK AND AVAILABLE FOR PUBLIC INSPECTION AND REPRODUCTION AT COST AT CITY HALL, LIBRARY, AND MILLS STATIONERY. IN COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT, IF YOU NEED SPECIAL ASSISTANCE TO PARTICIPATE IN A CITY MEETING, PLEASE CONTACT THE CITY CLERK'S OFFICE AT LEAST 24 HOURS PRIOR TO THE MEETING TO INSURE THAT REASONABLE ARRANGEMENTS CAN BE MADE TO PROVIDE ACCESSIBILITY TO THE MEETING. 5 MINUTES - MORRO BAY CITY COUNCIL CLOSED SESSION - JUNE 23,1997 CITY HALL CONFERENCE ROOM - 5:00 P.M. Mayor Novak called the meeting to order at 5:00 p.m. PRESENT: Cathy Novak Mayor Rodger Anderson Councilmember William Peirce Councilmember Janice Peters Councilmember ABSENT: Dave Elliott Councilmember STAFF: Bill Boucher Acting City Administrator David Hunt City Attorney CLOSED SESSION MOTION: Councilmember Peirce moved the meeting be adjourned to Closed Session. The motion was seconded by Councilmember Peters and unanimously carried. (4-0) • Mayor Novak read the Closed Session statement. 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 TWO MATTERS. The meeting adjourned to Closed Session at 5:00 p.m. and returned to regular session at 5:50 p.m. MOTION: Councilmember Anderson moved the meeting be adjourned. The motion was seconded by Councilmember Peters and unanimously carried. (4-0) The meeting adjourned at 5:50 p.m. 0 • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - JUNE 23,1997 VETERANS MEMORIAL HALL - 6:00 P.M. Mayor Novak called the meeting to order at 6:00 p.m. ESTABLISH QUORUM AND CALL TO ORDER PRAYER PLEDGE OF ALLEGIANCE THOUGHT FOR THE DAY MAYOR'S REPORTS & ANNOUNCEMENTS CITY ATTORNEY CLOSED SESSION REPORT: City Attorney David Hunt reported the City Council has authorized the City Attorney's office to commence litigation on one matter; should the litigation be formally commenced, the particulars of that litigation will then become open to public information. PUBLIC COMMENT Warren Dorn requested the City Council agendize discussion on the Harbor Plan and the proposed Mono Creek Crossing. • Mary Phillips requested the City Council agendize discussion on water rates for users of 1-3 units; she noted this issue was previously requested by a former Councilmember. She also addressed the appeal hearing process regarding the parking violation she received. Colby Crotzer addressed Council regarding follow-up on a Future Agenda Item requested by himself in November 1996 regarding water billing for 1-3 units of water. He also addressed derogative comments made by Councilmember Elliott directed to Mr. Crotzer; Mr. Crotzer would like an apologize, and also stated it is not good policy to allow degradation such as this at a public meeting. Art Stansbury addressed Council regarding concerned property owners in the Atascadero Beach Tract; he referred to the Morro Bay Municipal Code relating to height limits in their tract, and noted two story buildings have been allowed without their knowledge of a change in the code. Joe Giannini asked if a two-lane bridge is proposed in the Harbor Plan; Mayor Novak responded a bridge is proposed for emergency vehicle use only. Steve Mathieu addressed Item C-2 (Consideration of Options for Video Broadcasting of City Council Meetings) and stated he is available for questions regarding Estero Community • Access. 2 City Council Minutes June 23, 1997 • Jim Wood expressed opposition to the two-lane bridge proposed in the Harbor Plan stating it will negatively affect the City's downtown area. Mayor Novak closed the public comment period. DECLARATION OF FUTURE AGENDA ITEMS Councilmember Peters requested the City Council agendize a resolution in support of the (805) area code as referenced in a letter received from Senator Jack O'Connell. 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 CITY COUNCIL MEETING OF JUNE 9,1997 RECOMMENDATION: Approve as submitted. A-2 STATEMENT OF CASH AND INVESTMENTS - MAY 1997 • RECOMMENDATION: Receive for information. A-3 EXPENDITURE REPORT - MAY 1997 RECOMMENDATION: Approve as submitted. A-4 COST ALLOCATION PLAN UPDATE FOR FISCAL YEAR 1996/97 RECOMMENDATION: Accept the Cost Allocation Update for use in Fiscal Year 1997/98. A-5 ASSIGNMENT AND ASSUMPTION OF LEASE SITE 87-89/87W-89W RECOMMENDATION: This item has been pulled from the agenda. A-6 RESOLUTION NO. 46-97 APPROVING THE APPLICATION FOR GRANT FUNDING FOR THE QUINTANA ROAD RIPARIAN CORRIDOR ENHANCEMENT PROJECT RECOMMENDATION: Approve Resolution No. 46-97, and authorize the Mayor to sign the application. 3 City Council Minutes June 23, 1997 • A-7 PROCLAMATION DECLARING NNE 1997 AS "RESOURCES FOR YOUTH MONTH" RECOMMENDATION: Adopt the proclamation. A-8 RESOLUTION NO. 50-97 APPROVING FUNDING FOR ENTRANCE SIGNS ADVERTISING CITY EVENTS, AND APPROVAL OF FUNDING FOR TROLLEY ADVERTISING RECOMMENDATION: Approve Resolution No. 50-97. Councilmember Peters pulled Item A-1 from the Consent Calendar. MOTION: Councilmember Anderson moved the City Council approve the Consent Calendar with the exception of Items A-1 and A-5. The motion was seconded by Councilmember Peirce and carried unanimously. (4-0) A-1 APPROVAL OF MINUTES FOR THE REGULAR CITY COUNCIL MEETING OF NNE 9, 1997 Councilmember Peters referred to page 6, paragraph 9, stating she would like clarification • made that the discussion regarding the City Administrator salary was not met with a unanimous conclusion. Mayor Novak also referred to page 6, paragraph 10, requesting the word "additional" be added prior to funding. MOTION: Councilmember Anderson moved the City Council approve Item A-1 as amended. The motion was seconded by Councilmember Peirce and carried unanimously. (4-0) B. PUBLIC HEARINGS, REPORTS & APPEARANCES B-1 RESOLUTION NO. 48-97 ADOPTING APPROPRIATION LIMIT CALCULATION FOR FISCAL YEAR 1997/98 Finance Director Jim Koser reviewed the Appropriation Limit Calculation for Fiscal Year 1997/98, and stated adoption of an annual appropriation limit is required by state law. He noted based on the calculation presented to Council, the City of Morro Bay remains well under its appropriation limit. Mr. Koser recommended Council adopt Resolution No.48-97 approving the Appropriation Limit Calculation for Fiscal Year 1997/98. • Mayor Novak opened the hearing for public comment; there were no comments and the public hearing was closed. M City Council Minutes June 23, 1997 • MOTION: Councilmember Anderson moved the City Council adopt Resolution No. 48- 97 approving the Appropriation Limit Calculation for Fiscal Year 1997/98. The motion was seconded by Councilmember Peirce and carried unanimously. (4-0) B-2 ISSUANCE OF ARCADE PERMIT FOR 231 ATASCADERO ROAD Police Chief Joe Loven reviewed the business license application to operate a video arcade at 231 Atascadero Road which is in compliance with established operating conditions and the Mono Bay Municipal Code. Chief Loven recommended Council review the license application, open for public comment, and approve the operation of an arcade at this location. Mayor Novak opened the hearing for public comment; there were no comments and the public hearing was closed. MOTION: Councilmember Peters moved the City Council approve the business license application to operate a video arcade at 231 Atascadero Road. The motion was seconded by Councilmember Anderson and carried unanimously. (4-0) B-3 RESOLUTION NO. 47-97 APPROVING INTENT TO LEVY THE ANNUAL ASSESSMENT FOR THE MAINTENANCE OF THE NORTH POINT • NATURAL AREA, AND APPROVAL OF THE ENGINEERS REPORT • Recreation & Parks Director Andrea Lueker reviewed the Engineers Report which outlines the annual costs of maintaining the North Point Natural Area. She noted the fiscal impact of the North Point Natural Area will total $5,645 for Fiscal Year 1997/98; these costs will be offset by the collection of the assessment for the same amount. Ms. Lueker recommended Council adopt Resolution No. 47-97 approving the intent to levy the annual assessment for the maintenance of the North Point Natural Area, and approval of the Engineers Report. Mayor Novak opened the hearing for public comment; there were no comments and the public hearing was closed. MOTION: Councilmember Anderson moved the City Council adopt Resolution No. 47- 97 approving the intent to levy the annual assessment for the maintenance of the North Point Natural Area, and approval of the Engineers Report. The motion was seconded by Councilmember Peirce and carried unanimously. (4-0) 5 City Council Minutes June 23, 1997 is B-4 RESOLUTION NO. 49-97 APPROVING THE APPLICATION FOR GRANT FUNDS FOR THE COASTAL RESOURCES GRANT PROGRAM (AB 1431) FOR PREPARATION OF A LOCAL COASTAL PLAN/ GENERAL PLAN UPDATE Acting Planning and Building Director Shauna Nauman reviewed the 1997/98 Coastal Resources Grant Application. She stated this program was activated through the enactment of Assembly Bill 1431, which will make excess Outer Continental Shelf Lands Act funding available for appropriation for Resources Agency grants to coastal counties and cities impacted by the effects of offshore energy development. Ms. Nauman noted there are no capital funds to be expended by the City, and recommended adoption of Resolution No. 49- 97 approving the City's grant application. Mayor Novak opened the hearing for public comment; there were no comments and the public hearing was closed. MOTION: Councilmember Peirce moved the City Council adopt Resolution No. 49-97 approving the application for grant funds for the Coastal Resources Grant Program (AB 1431) for preparation of a Local Coastal Plan/General Plan update. The motion was seconded by Councilmember Anderson and carried unanimously. (4-0) • C. UNFINISHED BUSINESS • C-1 ORDINANCE NO. 459 REVISING SECTIONS OF THE MORRO BAY MUNICIPAL CODE; SECOND READING/ADOPTION Acting City Administrator Bill Boucher recommended the City Council approve the second reading and adoption of Ordinance No. 459 revising various sections of the Morro Bay Municipal Code. MOTION: Councilmember Peters moved the City Council approve the second reading and adoption of Ordinance No. 459 revising various sections of the Morro Bay Municipal Code. The motion was seconded by Councilmember Anderson and carried unanimously. (4-0) Acting City Administrator Bill Boucher read Ordinance No. 459 by number and title only. 0 City Council Minutes June 23, 1997 • C-2 CONSIDERATION OF OPTIONS FOR VIDEO BROADCASTING OF CITY COUNCIL MEETINGS Public Works Director Bill Boucher reviewed the following options for selection to continue the video broadcasting of City Council meetings: 1) Continue with Alpha Video; 2) advertise and accept bids for video contract; or 3) award service to another entity. Mr. Boucher recommended Council review the options and direct staff accordingly. Council requested comments from Pat Renshaw of Alpha Video and Steve Mathieu of Estero Community Access regarding the continuation of their services. Mayor Novak recommended continuing the contract with Alpha Video for three months, and have the Public Works Advisory Board review PEG access during this time. Councilmember Peters recommended the consideration of Estero Community Access for this contract. MOTION: Councilmember Anderson moved the City Council continue the contract with Alpha Video for the months of July, August, and September; and direct staff to agendize the review of PEG access before the Public Works Advisory Board, and return their comments to the City Council by September 22, 1997. • The motion was seconded by Councilmember Peirce and carried with Councilmember Peters voting no. (3-1) • C-3 PRESENTATION BY CITY ATTORNEY REGARDING STATUS OF DEN DULK (KING) PROPERTY Mayor Novak stepped down due to a conflict of interest. City Attorney David Hunt reviewed the status of the Den Dulk (King) property for Council and the public's information. This was an informational item, and no action was taken. Mayor Novak returned to her seat with the Council. C-4 CONSIDERATION OF INCREASE IN HOURLY RATE PAID TO LAIDLAW FOR TROLLEY SERVICES Administrative Assistant Janeen Burlingame reviewed the consideration of increase in the hourly rate paid to Laidlaw for trolley services. Approval of this request would result in a $1.12 per hour increase to the current hourly rate for an overall increase of $719.55 to the contractor cost for the 1997 trolley season. Ms. Burlingame recommended Council 7 City Council Minutes June 23, 1997 • consider Laidlaw's request and approve the rate increase to $12.17 per hour for the 1997 Trolley Season. MOTION: Councilmember Peters moved the City Council approve the hourly rate paid to Laidlaw in the amount of $12.17 per hour for the 1997 Trolley Season. The motion was seconded by Councilmember Peirce and carried unanimously. (4-0) D. NEW BUSINESS D-1 CONSIDERATION OF INCREASE TO ACCOUNT BASE USED IN CALCULATING MONTHLY FEE FOR CURBSIDE RECYCLING Administrative Assistant Janeen Burlingame reviewed the request of RALCCO for an increase in the account base from 4,415 to 4,687, retroactive to January 1997, in order to properly reflect the average increase of approximately 5 accounts per month as indicated by the monthly tonnage report from Morro Bay Garbage Service. Ms. Burlingame recommended Council consider RALCCO's request and the restructuring of the garbage rate system, and direct staff accordingly. MOTION: Councilmember Peters moved the City Council approve the request of RALCCO for an increase in the account base from 4,415 to 4,687, retroactive • to January 1997; and direct staff to agendize discussion on the garbage rate restructuring before the Public Works Advisory Board. The motion was seconded by Councilmember Anderson and carried unanimously. (4-0) D-2 RESOLUTION NO. 51-97 REQUESTING WATER EQUIVALENCY UNITS TO BE AWARDED TO MORRO BAY FRIENDS OF THE LIBRARY FROM CITY BANK, AND REQUEST FOR BUILDING PERMIT FEE WAIVER BY MORRO BAY FRIENDS OF THE LIBRARY Acting Planning and Building Director Shauna Nauman reviewed the request by the Morro Bay Friends of the Library for 1) an award of 0.05 water equivalency units from the retrofit bank for a 288 square foot addition to the Morro Bay Library; 2) a waiver of water and sewer impact fees: and 3) a waiver of plan check and inspection fees. Ms. Nauman recommended Council approve Resolution No. 51-97 awarding 0.05 water equivalency units from the retrofit program "bank" for a 288 sq. ft. addition to the city library, and deny the requests for fee waivers for water and sewer impact fees and plan check and inspection fees. Councilmember Anderson requested $500 be funded from his Council discretionary funds to assist in the plan check and inspection fees and water and sewer impact fees. • Councilmember Peters requested $50 be funded from her Council discretionary funds to also assist in the noted fees. 0 City Council Minutes June 23, 1997 • Council consensus was to approve the award of water equivalency units, and requested staff agendize the discussion of allocation of Council discretionary funds to cover the fees. MOTION: Mayor Novak moved the City Council approve Resolution No. 51-97 awarding 0.05 water equivalency units from the retrofit program "bank" for a 288 sq. It addition to the city library. The motion was seconded by Councilmember Peirce and carried unanimously. (4-0) D-3 CONSIDERATION OF PENDING VACANCY ON PLANNING COMMISSION Acting City Administrator Bill Boucher requested Council accept Planning Commissioner Ernie Berg's resignation from the Planning Commission, and direct staff to advertise for new applicants or consider an appointment based on a previous list of applicants. Mr. Boucher also noted the City has received a letter of resignation from J. Kent Butler who sits on the Public Works Advisory Board. Council requested staff set a date for interviews to fill the vacancies on the Planning Commission and Public Works Advisory Board upon the City Administrator's return; and then agendize the matter before the City Council. • No further action was taken on this matter. D-4 PROPOSAL TO CLOSE CITY OFFICES DURING SPECIFIED TIMES Acting Planning and Building Director Shauna Nauman reviewed the proposal to close non- public safety response offices in the City to the public during the hours of 1:30 p.m. - 3:30 p.m., Monday through Friday, to allow staff time to focus, uninterrupted, on specific projects as a means to increase overall efficiency and productivity. Ms. Nauman recommended Council review the proposal, and direct staff accordingly. MOTION: Councilmember Peters moved the City Council approve the proposal to close non-public safety response offices in the City to the public during the hours of 1:30 p.m. - 3:30 p.m., Monday through Friday, effective July 7, 1997. The motion was seconded by Councilmember Peirce and carried unanimously. (4-0) F. ADJOURNMENT - The meeting adjourned at 8:55 p.m. Recorded by: &4*� QAAY—A6., • Bridgett B er City Clerk E City of Morro Bay City Council Agenda Mission Statement The City of Morro Bay is dedicated to the preservation and enhancement of the quality of life. The City shall be committed to this purpose and will provide level of municipal service and safety consistent with and responsive to the needs of the public. REGULAR MEETING - JUNE 9, 1997 VETERANS MEMORIAL HALL - 6:00 P.M. 209 SURF ST., MORRO BAY, CA ESTABLISH QUORUM AND CALL TO ORDER PRAYER PLEDGE OF ALLEGIANCE THOUGHT FOR THE DAY MAYOR AND COUNCILMEMBERS ANNOUNCEMENTS & PRESENTATIONS 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 CITY COUNCIL MEETING OF MAY 27, 1997; (BAUER) RECOMMENDATION: Approve as submitted. 1 A-2 RESOLUTION NO. 39-97 ADOPTING PERS EMPLOYER PICKUP PRE-TAX • DEDUCTION PLAN FOR SERVICE CREDIT PURCHASES; (DAVIS) RECOMMENDATION: Approve Resolution No. 39-97 adopting a pre-tax payroll plan for retirement service credit purchases. A-3 RESOLUTION NO. 40-97 APPROVING INSTALLATION OF STOP SIGNS AT MORRO BAY BOULEVARD AND SHASTA AVENUE AND MORRO BAY BOULEVARD AND MONTEREY AVENUE; RESOLUTION NO. 43-97 APPROVING THE DELETION OF A LOADING ZONE ON MORRO BAY BOULEVARD; AND RESOLUTION NO. 44-97 APPROVING THE ALLOCATION OF FUNDS FROM THE TRANSIENT VENDOR TAX FUND FOR MORRO BAY BOULEVARD IMPROVEMENTS; (BOUCHER) RECOMMENDATION: Adopt Resolution No. 40-97 authorizing stop sign installations on Morro Bay Boulevard at Monterey and Shasta Avenues; adopt Resolution No. 43-97 approving deletion of a loading zone; and adopt Resolution No. 44-97 allocating monies from the Transient Vendor Tax Fund for Morro Bay Boulevard improvements. • A-4 RESOLUTION NO. 38-97 APPROVING PARTICIPATION IN THE CENTRAL COAST RECYCLE MARKET DEVELOPMENT ZONE; (BOUCHER) RECOMMENDATION: Adopt Resolution No. 38-97 clarifying approval of the City's participation in the Central Coast Recycling Market Development Zone. A-5 PROCLAMATION IN SUPPORT OF THE NATURAL HISTORY MUSEUM RENOVATION; (BAUER) RECOMMENDATION: Adopt proclamation. A-6 PROCLAMATION ON DECLARING JUNE 16, 1997 AS "SPECIAL OLYMPICSILAW ENFORCEMENT TORCH RUN DAY'; (BAUER) RECOMMENDATION: Adopt proclamation. A-7 RESOLUTION NO. 45-97 APPROVING THE STATE WATER PROJECT DROUGHT BUFFER AGREEMENT; (BOUCHER) • RECOMMENDATION: Adopt Resolution No. 45-97 approving the State Water Project Drought Buffer Agreement. N • PUBLIC HEARINGS. REPORTS & APPEARANCES B-1 PRESENTATION OF THE FISCAL YEAR 1997/98 AND 1998/1999 BUDGETS; RESOLUTION NO. 42-97 ADOPTING THE 1997/98 FISCAL YEAR BUDGET; AND SEPARATE REPORTS ON CITY EXPENDITURE HISTORY FOR ENGINEERING SERVICES, AND CITY ADMINISTRATOR SALARY; (KOSER) RECOMMENDATION: Approve Resolution No. 42-97 adopting the Fiscal Year 1997/98 Budget, and receive further budget information. B-2 RESOLUTION NO.41-97 AMENDING THE MASTER FEE SCHEDULE TO ADD A WATER SERVICE APPLICATION FEE; (KOSER) RECOMMENDATION: Adopt Resolution No. 41-97 amending the Fiscal Year 1996/97 and 1997/98 Master Fee Schedule by adding a $25.00 Water Service Application Fee. UNFINISHED BUSINESS C-1 ORDINANCE NO. 459 REVISING SECTIONS OF THE MORRO BAY • MUNICIPAL CODE; SECOND READING/ADOPTION - THIS ITEM HAS BEEN CONTINUED TO THE JUNE 23, 1997 CITY COUNCIL MEETING • C-2 ORDINANCE NO. 460 AMENDING CHAPTERS 2.16 AND 2.20 OF THE MORRO BAY MUNICIPAL CODE PROVIDING A DESCRIPTION OF THE OFFICE OF CITY ATTORNEY, THE DUTIES OF THE OFFICE AND COMPENSATION FOR THE OFFICE; SECOND READING/ADOPTION - (HUNT) RECOMMENDATION: Approve second reading and adoption of Ordinance. No. 460. NEW BUSINESS D-1 PRESENTATION BY MAYOR NOVAK REGARDING CITY EVENT SIGNS; (NOVAK) RECOMMENDATION: Receive information. 3 0 E. ADJOURNMENT THIS AGENDA IS SUBJECT TO AMENDMENT UP TO 72 HOURS PRIOR TO THE DATE AND TIME SET FOR THE MEETING. PLEASE REFER TO THE AGENDA POSTED AT CITY HALL FOR ANY REVISIONS OR CALL THE CLERK'S OFFICE AT 772-6200 FOR FURTHER INFORMATION. COPIES OF STAFF REPORTS OR OTHER PUBLIC DOCUMENTATION RELATING TO EACH ITEM OF BUSINESS REFERRED TO ON THIS AGENDA ARE ON FILE IN THE OFFICE OF THE CITY CLERK AND AVAILABLE FOR PUBLIC INSPECTION AND REPRODUCTION AT COST AT CITY HALL, LIBRARY, AND MILLS STATIONERY. IN COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT, IF YOU NEED • SPECIAL ASSISTANCE TO PARTICIPATE IN A CITY MEETING, PLEASE CONTACT THE CITY CLERK'S OFFICE AT LEAST 24 HOURS PRIOR TO THE MEETING TO INSURE THAT REASONABLE ARRANGEMENTS CAN BE MADE TO PROVIDE ACCESSIBILITY TO THE MEETING. • 4 • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - JUNE 9, 1997 VETERANS MEMORIAL HALL - 6:00 P.M. Mayor Novak called the meeting to order at 6:00 p.m. ESTABLISH QUORUM AND CALL TO ORDER INVOCATION PLEDGE OF ALLEGIANCE THOUGHT FOR THE DAY MAYOR'S REPORTS & ANNOUNCEMENTS PUBLIC COMMENT Harry Rogers offered to pay for two days of lunches for the Agape Group who will be painting city buildings. He also said it is a pleasure to see the efforts made by the Public Works Department on tree removals and sidewalk repairs around the City. • Charlie Palmer offered $30 for lunches for the Agape Group. He also addressed City salaries. Mary Phillips addressed a vehicle citation received from the Police Department and requested an administrative hearing regarding this issue. She said she parks her vehicle the way she does to manage her handicap. Colby Crotzer addressed Consent Calendar Item A-7 (Resolution No. 45-97 approving the State Water Project Drought Buffer Agreement) and stated the contents should be open to public comment. John Barta also addressed Item A-7 stating limiting the 1,313 acre feet is not addressed in the agreements. Pastor Jim Berg of the Calvary Evangelical Church addressed Council on his dealing with the Planning Department regarding the expansion to his church. He said the planning process is swamped and time consuming and will be more expensive than the expansion itself. Bill Olson stated the agreement addressed in Consent Calendar Item A-7 regarding State • Water was made public at the Public Works Advisory Board meeting. Paul Twedt saluted the DARE program. • Morro Bay City Council Minutes - June 9, 1997 DECLARATION OF FUTURE AGENDA ITEMS Mayor Novak requested an update on changing the Waterfront Master Plan language to delete the Coleman Drive boat launch ramp. Councilmember Elliott requested a review of the Planning Department permit process; Mayor Novak responded there is an item coming to Council for review of limiting City office hours, and this issue may be addressed at that time. 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 CITY COUNCIL MEETING OF MAY 27, 1997; (BAUER) RECOMMENDATION: Approve as submitted. • A-2 RESOLUTION NO. 39-97 ADOPTING PERS EMPLOYER PICKUP PRE-TAX DEDUCTION PLAN FOR SERVICE CREDIT PURCHASES; (DAVIS) RECOMMENDATION: Approve Resolution No. 39-97 adopting a pre-tax payroll plan for retirement service credit purchases. A-3 RESOLUTION NO. 40-97 APPROVING INSTALLATION OF STOP SIGNS AT MORRO BAY BOULEVARD AND SHASTA AVENUE AND MORRO BAY BOULEVARD AND MONTEREY AVENUE; RESOLUTION NO. 43-97 APPROVING THE DELETION OF A LOADING ZONE ON MORRO BAY BOULEVARD; AND RESOLUTION NO. 44-97 APPROVING THE ALLOCATION OF FUNDS FROM THE TRANSIENT VENDOR TAX FUND FOR MORRO BAY BOULEVARD IMPROVEMENTS; (BOUCHER) RECOMMENDATION: Adopt Resolution No. 40-97 authorizing stop sign installations on Morro Bay Boulevard at Monterey and Shasta Avenues; adopt Resolution No. 43-97 approving deletion of a loading zone; and adopt Resolution No. 44-97 allocating monies from the Transient Vendor Tax Fund for Morro Bay Boulevard improvements. A-4 RESOLUTION NO. 38-97 APPROVING PARTICIPATION IN THE CENTRAL Is COAST RECYCLE MARKET DEVELOPMENT ZONE; (BOUCHER) 2 Morro Bay City Council Minutes - June 9, 1997 • RECOMMENDATION: Adopt Resolution No. 38-97 clarifying approval of the City's participation in the Central Coast Recycling Market Development Zone. A-5 PROCLAMATION IN SUPPORT OF THE NATURAL HISTORY MUSEUM RENOVATION; (BAUER) RECOMMENDATION: Adopt proclamation. A-6 PROCLAMATION ON DECLARING JUNE 16, 1997 AS "SPECIAL OLYMPICS/LAW ENFORCEMENT TORCH RUN DAY'; (BAUER) RECOMMENDATION: Adopt proclamation. A-7 RESOLUTION NO. 45-97 APPROVING THE STATE WATER PROJECT DROUGHT BUFFER AGREEMENT; (BOUCHER) RECOMMENDATION: Adopt Resolution No. 45-97 approving the State Water Project Drought Buffer Agreement. Councilmember Anderson pulled Item A-1 from the Consent Calendar; Councilmember • Peters pulled Items A-3 and A-7; and Councilmember Peirce pulled Item A-4. MOTION: Councilmember Elliott moved the City Council approve the Consent Calendar with the exception of Items A-1, A-3, A-4, and A-7. The motion was seconded by Councilmember Anderson and carried unanimously. (5 -0) A-1 APPROVAL OF MINUTES FOR THE REGULAR CITY COUNCIL MEETING OF MAY 27, 1997; (BAUER) Councilmember Anderson made a correction to Closed Session Item CS-2 stating it should refer to Nelson/Garris. MOTION: Councilmember Anderson moved the City Council approve the Minutes of the May 27, 1997 City Council meeting as amended. The motion was seconded by Councilmember Peirce and carried unanimously. (5-0) A-3 RESOLUTION NO. 40-97 APPROVING INSTALLATION OF STOP SIGNS AT MORRO BAY BOULEVARD AND SHASTA AVENUE AND MORRO BAY BOULEVARD AND MONTEREY AVENUE; RESOLUTION NO. 43-97 APPROVING THE DELETION OF A LOADING ZONE ON MORRO BAY BOULEVARD; AND RESOLUTION NO. 44-97 APPROVING THE is FOR OF FUNDS FROM THE TRANSIENT VENDOR TAX FUND FOR MORRO BAY BOULEVARD IMPROVEMENTS; (BOUCHER) c F Morro Bay City Council Minutes - June 9, 1997 Councilmember Peters stated she does not believe the installation of stop signs on Morro Bay Boulevard at Shasta and Monterey Avenues will help the Old Town business district. Councilmember Anderson stated stop signs will add distance for parking and make Morro Bay Boulevard more pedestrian -friendly; he would like to try it on a trial basis. Mayor Novak stated she believes the business district supports these stop signs. Councilmember Elliott stated the stop signs will make Morro Bay Boulevard consistent, and will allow tourists to see the Old Town area. Councilmember Peirce stated the current stop signs have created some misconceptions and further stop signs are not necessary. MOTION: Councilmember Anderson moved the City Council adopt Resolution No. 40-97 approving the installation of stop signs at Mono Bay Boulevard and Shasta Avenue and Mono Bay Boulevard and Monterey Avenue; adopt Resolution No. 43-97 approving the deletion of a loading zone on Mono Bay Boulevard; and adopt Resolution No. 44-97 approving the allocation • of funds from the Transient Vendor Tax Fund for Mono Bay Boulevard improvements. The motion was seconded by Councilmember Elliott and carried with Councilmember Peirce and Councilmember Peters voting no. (3-2) • A-4 RESOLUTION NO. 38-97 APPROVING PARTICIPATION IN THE CENTRAL COAST RECYCLE MARKET DEVELOPMENT ZONE; (BOUCHER) Councilmember Peirce asked for clarification on this issue. Public Works Director Bill Boucher reviewed the low interest loan program available through the Integrated Waste Management Authority to promote the recycling market development. MOTION: Councilmember Peirce moved the City Council adopt Resolution No. 38- 97 approving participation in the Central Coast Recycle Market Development Zone. The motion was seconded by Councilmember Elliott and carried unanimously. (5-0) 2 Morro Bay City Council Minutes - June 9, 1997 • A-7 RESOLUTION NO. 45-97 APPROVING THE STATE WATER PROJECT DROUGHT BUFFER AGREEMENT; (BOUCHER) Councilmember Peters asked for clarification on the term "turn back". Public Works Director Bill Boucher responded the term "turn back" is an annual process where an entity can turn -back an amount of water that is not intend to have delivered. Councilmember Peters also asked about the limited use of the desalination plant. Mr. Boucher responded the plant is not an issue with the use of the Chorro wells. City Attorney David Hunt also referenced historical information on negotiations with San Luis Obispo County for the purchase of State Water. MOTION: Councilmember Elliott moved the City Council adopt Resolution No. 45- 97 approving the State Water Project Drought Buffer Agreement. The motion was seconded by Councilmember Anderson and carried unanimously. (5-0) • B. PUBLIC HEARINGS, REPORTS & APPEARANCES • B-1 PRESENTATION OF THE FISCAL YEAR 1997/98 AND 1998/1999 BUDGETS; RESOLUTION NO. 42-97 ADOPTING THE 1997/98 FISCAL YEAR BUDGET; AND SEPARATE REPORTS ON CITY EXPENDITURE HISTORY FOR ENGINEERING SERVICES, AND CITY ADMINISTRATOR SALARY; (KOSER) Finance Director Jim Koser stated the adoption of the Fiscal Year 1997/98 Budget will establish the estimated revenue goals and expenditure limits for the upcoming fiscal year and implement the financial plan of the City. He recommended the Council review and discuss any remaining budgetary issues; direct staff to modify the budget, as appropriate, and adopt the Fiscal Year 1997/98 Budget. Mayor Novak opened the hearing for public comment. Jonni Biaggini, Visitors Conference Bureau, addressed the comparison of gross lodging sales and Transient Occupancy Tax (TOT) for Morro Bay, and requested Council not adopt the budget as proposed. Charles Palmer addressed City water revenues stating the reports show they are low. 5 u Morro Bay City Council Minutes - June 9, 1997 Ed Biaggini addressed the TOT revenues stating the figures proposed to Council are not accurate. John Woodruff stated if Council is not clear on the figures proposed, then do not adopt the budget until it is clarified. John Barta stated the Community Promotions Committee budget shows there is a fundamental difference between General Fund expenditures and Community Promotions funds. He noted investing in promotions will benefit the City in the long run. Harry Rogers stated Council needs more information before adopting this budget. Jim Ross stated it is not fair that government employees receive higher salaries than private industry employees. Suedene Walker stated the request made by the Chamber of Commerce is very important to maintain their services. She noted Chamber employees have not had a pay increase in four years and do not receive benefits. Mary Phillips stated cost -of -living increases make the rich become richer. • Mayor Novak closed the public comment period, and called for a break taken at 8:00 p.m.; the meeting resumed at 8:15 p.m. Council discussed and arrived at consensus on the following issues: Promotions - funding needed prior to benefits received; review TOT revenues in November; Engineering Services - maintain current service contract with North Coast Engineering. Council discussed, but did not arrive at consensus on the following issue: City Administrator Salary - leave salary as previously advertised (Vote: 3-2/Councilmember Peirce and Councilmember Peters voting no). Council allocated the following additional funding for the Fiscal Year 1997/98 Budget: 1) Community Promotions Committee - $14,000 2) Visitors Conference Bureau - $12,000 3) Chamber of Commerce - $9,000 MOTION: Councilmember Anderson moved the City Council approve Resolution No. 42-97 adopting the Fiscal Year 1997/98 as amended. The motion was • seconded by Councilmember Elliott and carried unanimously. (5-0) R • Morro Bay City Council Minutes - June 9, 1997 Mayor Novak called for a break taken at 10:04 p.m.; the meeting resumed at 10:09 p.m. B-2 RESOLUTION NO. 41-97 AMENDING THE MASTER FEE SCHEDULE TO ADD A WATER SERVICE APPLICATION FEE; (KOSER) Finance Director Jim Koser stated the proposed $25.00 Water Service Application Fee is expected to generate approximately $21,000 per year, and is proposed to recover the costs of processing a service application. Mr. Koser recommended Council adopt Resolution No. 41-97 amending the Fiscal Year 1996/97 Master Fee Schedule by adding a $25.00 Water Service Application Fee. Mayor Novak opened the hearing for public comment. Harry Rogers expressed opposition to imposing service charges; however, $25 would be manageable for most people. Mary Phillips stated the fee should be higher based on historical amounts collected. Mayor Novak closed the hearing to public comment. • MOTION: Councilmember Elliott moved the City Council approve Resolution No. 41-97 amending the Master Fee Schedule to add a Water Service Application Fee of $25.00. The motion was seconded by Mayor Novak and carried with Councilmember Peirce and Councilmember Peters voting no. (3-2) • C. UNFINISHED BUSINESS C-1 ORDINANCE NO. 459 REVISING SECTIONS OF THE MORRO BAY MUNICIPAL CODE; SECOND READING/ADOPTION This item was continued to the June 23, 1997 City Council meeting. C-2 ORDINANCE NO. 460 AMENDING CHAPTERS 2.16 AND 2.20 OF THE MORRO BAY MUNICIPAL CODE PROVIDING A DESCRIPTION OF THE OFFICE OF CITY ATTORNEY, THE DUTIES OF THE OFFICE AND COMPENSATION FOR THE OFFICE; SECOND READING/ADOPTION - (HUNT) City Administrator Dave Howell introduced Ordinance No. 460 for second reading and adoption. 7 Morro Bay City Council Minutes - June 9, 1997 • MOTION: Councilmember Peters moved the City Council approve the second reading and adoption of Ordinance No. 460 amending Chapters 2.16 and 2.20 of the Morro Bay Municipal Code providing a description of the office of City Attorney, the duties of the office and compensation for the Office. The motion was seconded by Councilmember Elliott and carried unanimously. (5-0) City Administrator Dave Howell read Ordinance No. 460 by number and title only. D. New Business D-1 Presentation by Mayor Novak regarding City Event Signs Mayor Novak reviewed photographs of proposed signs advertising upcoming City events that would be placed at the three City entrances. Council requested staff return with a resolution funding the proposed event signs. No further action was taken on this item. • E. Adioumment The meeting adjourned at 10:50 p.m. Recorded by: Bridgett Bauer City Clerk n LJ H NOTICE OF SPECIAL MEETING NOTICE IS HEREBY GIVEN that the Morro Bay City Council will be holding a Special Meeting on Wednesday, June 4,1997 at 6:00 p•m• to be held at the Morro Bay City Hall Conference Room, 595 Harbor Street, Morro Bay, California, to review agenda information prior to the joint meeting with the Cayucos Sanitary District. DATED: June 2, 1997 BRIDGETTNAUER, City Clerk City of Morro Bay City Council Agenda Mission Statement The City of Mono 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 27, 1997; 5:00 P.M. CLOSED SESSION - MAY 27, 1997 CITY HALL CONFERENCE ROOM - 5:00 P.M. 595 HARBOR ST., MORRO BAY, CA CS -I 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 MATTER. • CS-2 GOVERNMENT CODE SECTION 54956.8: REAL PROPERTY TRANSACTIONS. INSTRUCTING CITY'S REAL PROPERTY NEGOTIATOR REGARDING THE PRICE AND TERMS OF PAYMENT FOR THE PURCHASE, SALE, EXCHANGE, OR LEASE OF REAL PROPERTY AS TO ONE PARCEL. DRIFT W OOD/MAIN/IvIORRO NEGOTIATING PARTIES: CITY ADMINISTRATOR HOWELL; NELSON GARRISSON NEGOTIATIONS: POSSIBLE VOLUNTARY PURCHASE PUBLIC SESSION - MAY 27, 1997 VETERANS MEMORIAL HALL - 6:00 P.M. 209 SURF ST., MORRO BAY, CA ESTABLISH QUORUM AND CALL TO ORDER PRAYER PLEDGE OF ALLEGIANCE THOUGHT FOR THE DAY MAYOR AND COUNCILMEMBERS ANNOUNCEMENTS & PRESENTATIONS 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. A-1 APPROVAL OF MINUTES FOR THE REGULAR CITY COUNCIL MEETINGS OF APRIL 14, 1997, APRIL 28, 1997, AND MAY 12, 1997; (BAUER) • RECOMMENDATION: Approve as submitted. • A-2 STATEMENT OF CASH & INVESTMENTS - APRIL 1997; (KOSER) RECOMMENDATION: Receive for information. A-3 EXPENDITURE REPORT - APRIL 1997; (KOSER) RECOMMENDATION: Approve as submitted. A-4 RESOLUTION NO. 31-97 APPROVING NEW LEASE FOR U.S. COAST GUARD BERTHING FACILITIES; (ALGERT) RECOMMENDATION: Approve Resolution No. 31-97 authorizing the execution of the lease agreement. A-5 APPROVAL OF A TWO-YEAR CONTRACT WITH SAN LUIS OBISPO COUNTY FOR ANIMAL SERVICES; (LOVEN) RECOMMENDATION: Approve "Package C" of the two-year contract with San Luis Obispo County Department of Animal Services. 2 A-6 RESOLUTION NO. 38-97 APPROVING THE COOPERATIVE AGREEMENT WITH THE CALIFORNIA DEPARTMENT OF TRANSPORTATION FOR YERBA BUENA TRAFFIC SIGNAL; (BOUCHER) RECOMMENDATION: Adopt Resolution No. 38-97 approving the Cooperative Agreement with the California Department of Transportation. A-7 RESOLUTION NO.37-97 APPROVING AN AGREEMENT WITH THE CALIFORNIA DEPARTMENT OF PARKS AND RECREATION FOR CONSTRUCTION OF IMPROVEMENTS TO STATE PARK ROAD RECOMMENDATION: Adopt Resolution No. 37-97 approving an agreement with the Califomia Department of Parks and Recreation for construction of improvements to State Park Road between South Bay Boulevard and Park View Road. PUBLIC HEARINGS. REPORTS & APPEARANCES B-1 CONSIDERATION OF 1/2 CENT SALES TAX MEASURE FOR STREET IMPROVEMENTS; (HOWELL) RECOMMENDATION: Approve the concept of placing a ballot measure before the voters to increase the sales tax by 1/2 cent for the purpose of improving the streets in Morro Bay. is B-2 ORDINANCE NO.460 AMENDING CHAPTERS 2.16 AND 2.20 OF THE MORRO BAY MUNICIPAL CODE PROVIDING A DESCRIPTION OF THE OFFICE OF CITY ATTORNEY, THE DUTIES OF THE OFFICE AND COMPENSATION FOR THE OFFICE - FIRST READING/INTRODUCTION; (HUNT) 0 RECOMMENDATION: Approve the first reading/introduction of Ordinance No. 460. _UN_FINISHED BUSINESS C-1 ORDINANCE NO. 456 AMENDING CHAPTER 13.20 OF THE MORRO BAY MUNICIPAL CODE TO IMPLEMENT THE CERTIFIED WATER MANAGEMENT PLAN - SECOND READING/ADOPTION; (NAUMAN) RECOMMENDATION: Approve the second reading/adoption of Ordinance No. 456. C-2 REPORT ON BUSINESS DISTRICT IMPROVEMENT OPTIONS; (BOUCHER) RECOMMENDATION: Receive recommendations made by the Public Works Advisory Board. 3 C-3 RESOLUTION NO. 34-97 APPROVING PARKING IN -LIEU FEE OPTIONS; (BOUCHER) RECOMMENDATION: Approve Resolution No. 34-97 designating the Front Street Parking Lot Project and property acquisition for use of in -lieu parking fees. NEW BUSINESS D-1 RESOLUTION NO. 36-97 ADOPTING POLICY PANEL RECOMMENDATIONS REGARDING YOUTH ACCESS TO ALCOHOL AND TOBACCO; (LOVEN) RECOMMENDATION: Approve Resolution No. 36-97 endorsing the recommendations by the San Luis Obispo County Policy Panel on Youth Access to Tobacco Products. D-2 ADOPTION OF CITY PAVEMENT MANAGEMENT SYSTEM; (BOUCHER) RECOMMENDATION: Adopt the proposed Pavement Management System. D-3 REPORT AND ANALYSIS ON CITY ATTORNEY COSTS; (HUNT) RECOMMENDATION: Review report and analysis. • D-4 APPOINTMENT OF COUNCILMEMBER TO SERVE AS ALTERNATE DELEGATE ON THE INTEGRATED WASTE MANAGEMENT AUTHORITY; (COUNCIL) RECOMMENDATION: Appoint Councilmember to serve as Alternate Delegate to IWMA. 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 - MAY 27, 1997 CITY HALL CONFERENCE ROOM - 5:00 P.M. • • Mayor Novak called the meeting to order at 5:00 p.m. PRESENT: STAFF: CLOSED SESSION Cathy Novak Rodger Anderson Dave Elliott William Peirce Janice Peters Dave Howell David Hunt Mayor Councilmember Councilmember Councilmember Councilmember City Administrator City Attorney MOTION: Councilmember Anderson moved the meeting be adjourned to Closed Session. The motion was seconded by Councilmember Peirce and unanimously carried. (4- 0) Councilmember Peters arrived at 5:08 p.m. Mayor Novak read the Closed Session statement. 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 MATTER. CS-2 GOVERNMENT CODE SECTION 54956.8. REAL PROPERTY TRANSACTIONS. INSTRUCTING CITY'S REAL PROPERTY NEGOTIATOR REGARDING THE PRICE AND TERMS OF PAYMENT FOR THE PURCHASE, SALE, EXCHANGE, OR LEASE OF REAL PROPERTY AS TO ONE PARCEL. PROPERTY: DRIFTWOOD/MAIN/MORRO NEGOTIATING PARTIES: CITY ADMINISTRATOR HOWELL; NELSON/ GARRIS NEGOTIATIONS: POSSIBLE VOLUNTARY PURCHASE The meeting adjourned to Closed Session at 5:00 p.m. and returned to regular session at 5:55 p.m. MOTION: Councilmember Elliott moved the meeting be adjourned. The motion was seconded by Councilmember Anderson and unanimously carried. (5-0) The meeting adjourned at 5:55 p.m. • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - MAY 27, 1997 VETERANS MEMORIAL HALL - 6:00 P.M. Mayor Novak called the meeting to order at 6:00 p.m. ESTABLISH QUORUM AND CALL TO ORDER PRAYER PLEDGE OF ALLEGIANCE THOUGHT FOR THE DAY MAYOR'S REPORTS & ANNOUNCEMENTS PUBLIC COMMENT Harry Rogers protested actions taken by Council at their May 12, 1997 City Council meeting • (i.e. water scarcity and downtown development). DECLARATION OF FUTURE AGENDA ITEMS - None. A. CONSENT CALENDAR Unless an item is pulled for separate action by the City Council, the following actions are approved without discussion. A-1 APPROVAL OF MINUTES FOR THE REGULAR CITY COUNCIL MEETINGS OF APRIL 14, 1997, APRIL 28, 1997, AND MAY 12, 1997; (BAUER) RECOMMENDATION: Approve as submitted. A-2 STATEMENT OF CASH & INVESTMENTS - APRIL 1997; (KOSER) RECOMMENDATION: Receive for information. A-3 EXPENDITURE REPORT - APRIL 1997; (KOSER) RECOMMENDATION: Approve as submitted. is City Council Minutes May 27, 1997 • A-4 RESOLUTION NO. 31-97 APPROVING NEW LEASE FOR U.S. COAST GUARD BERTHING FACILITIES; (ALGERT) RECOMMENDATION: Approve Resolution No. 31-97 authorizing the execution of the lease agreement. A-5 APPROVAL OF A TWO-YEAR CONTRACT WITH SAN LUIS OBISPO COUNTY FOR ANIMAL SERVICES; (LOVEN) RECOMMENDATION: Approve "Package C" of the two-year contract with San Luis Obispo County Department of Animal Services. A-6 RESOLUTION NO. 38-97 APPROVING THE COOPERATIVE AGREEMENT WITH THE CALIFORNIA DEPARTMENT OF TRANSPORTATION FOR YERBA BUENA TRAFFIC SIGNAL; (BOUCHER) RECOMMENDATION: Adopt Resolution No. 38-97 approving the Cooperative Agreement with the California Department of Transportation. A-7 RESOLUTION NO. 37-97 APPROVING AN AGREEMENT WITH THE CALIFORNIA DEPARTMENT OF PARKS AND RECREATION FOR • CONSTRUCTION OF IMPROVEMENTS TO STATE PARK ROAD RECOMMENDATION: Adopt Resolution No. 37-97 approving an agreement with the California Department of Parks and Recreation for construction of improvements to State Park Road between South Bay Boulevard and Park View Road. Mayor Novak pulled Item A-6 from the Consent Calendar. MOTION: Councilmember Anderson moved the City Council approve the Consent Calendar with the exception of Item A-6. The motion was seconded by Councilmember Peters and carried unanimously. (5-0) A-6 RESOLUTION NO. 38-97 APPROVING THE COOPERATIVE AGREEMENT WITH THE CALIFORNIA DEPARTMENT OF TRANSPORTATION FOR YERBA BUENA TRAFFIC SIGNAL; (BOUCHER) Mayor Novak reported on the update of the Yerba Buena stoplight. MOTION: Mayor Novak moved the City Council adopt Resolution No. 38-97 approving the Cooperative Agreement with the California Department of Transportation for the Yerba Buena Traffic Signal. The motion was seconded by Councilmember • Anderson and carried unanimously. (5-0) 2 • City Council Minutes May 27, 1997 B. PUBLIC HEARINGS. REPORTS & APPEARANCES B-1 CONSIDERATION OF 1/2 CENT SALES TAX MEASURE FOR STREET IMPROVEMENTS; (HOWELL) City Administrator Dave Howell reviewed and requested Council's support of a concept proposed at the last Mayors' meeting to place a ballot measure before the voters in 1998 to increase the sales tax by 1/2 cent for the purpose of improving substandard roads in Morro Bay. Mayor Novak opened the hearing for public comment. Harry Rogers stated that any percentage of sales tax collected from Morro Bay should remain in Morro Bay. Wally McCray expressed support for this proposed tax. Steve Mathieu stated with the tax base in San Luis Obispo, the per capita method may be an advantage to Morro Bay. • Mayor Novak closed the public hearing. Council consensus was to approve the concept to place a ballot measure before the voters in 1998 to increase the sales tax by 1/2 cent for the purpose of improving substandard roads in Morro Bay. No further action was taken on this item. B-2 ORDINANCE NO. 460 AMENDING CHAPTERS 2.16 AND 2.20 OF THE MORRO BAY MUNICIPAL CODE PROVIDING A DESCRIPTION OF THE OFFICE OF CITY ATTORNEY, THE DUTIES OF THE OFFICE AND COMPENSATION FOR THE OFFICE - FIRST READING/INTRODUCTION; (HOWELL) City Administrator Dave Howell stated this proposed ordinance will effectively codify the requirements, powers, duties and responsibilities of the City Attorney. Mr. Howell recommended Council approve the first reading/introduction of Ordinance No. 460. Mayor Novak opened the hearing for public comment; there were no comments, and the public hearing was closed. Council requested Section 2.16.070(A) include the" United States District Court for the Central • District of California." 3 • City Council Minutes May 27, 1997 MOTION: Councilmember Elliott moved the City Council approve Ordinance No. 460 amending Chapters 2.16 and 2.20 of the Morro Bay Municipal Code providing a description of the Office of the City Attorney, the duties of the Office and compensation for the Office for first reading and introduction as amended. The motion was seconded by Councilmember Peirce and carried unanimously. (5-0) City Administrator Dave Howell read Ordinance No. 460 by number and title only. C. UNFINISHED BUSINESS C-1 ORDINANCE NO. 456 AMENDING CHAPTER 13.20 OF THE MORRO BAY MUNICIPAL CODE TO IMPLEMENT THE CERTIFIED WATER MANAGEMENT PLAN - SECOND READING/ADOPTION; (NAUMAN) Interim Planning and Building Director Shauna Nauman introduced Ordinance No. 456 for second reading/adoption. MOTION: Councilmember Anderson moved the City Council approve Ordinance No. 456 • amending Chapter 13.20 of the Morro Bay Municipal Code to implement the Certified Water Management Plan for second reading and adoption. The motion was seconded by Councilmember Peters and carried unanimously. (5-0) City Administrator Dave Howell read Ordinance No. 456 by number and title only. C-2 REPORT ON BUSINESS DISTRICT IMPROVEMENT OPTIONS; (BOUCHER) Public Works Director Bill Boucher reviewed the Public Works Advisory Board's recommendations on the Economic Vitality Committee Proposal regarding Morro Bay Boulevard beautification and parking. He noted the Board recommended Council include the proposal and related documents into a RUDAT design study proposed by the representative of the Central Coast Chapter of the American Institute of Architects, and that said design study be pursued at the earliest possible time. Council consensus was for staff to pursue the RUDAT design study at the earliest possible time, and return to Council with a resolution for placement of two stop signs on Morro Bay Boulevard at Shasta and Monterey Streets, and also addressing allocation of funds. No further action was taken on this item. • Council consensus was to take the agenda out of order to hear Item D-1 next. 4 City Council Minutes May 27, 1997 D-1 RESOLUTION NO. 36-97 ADOPTING POLICY PANEL RECOMMENDATIONS REGARDING YOUTH ACCESS TO ALCOHOL AND TOBACCO; (LOVEN) Police Chief Joe Loven introduced Katrina Rosa from the San Luis Obispo County Policy Panel who presented Council with recommendations regarding youth access to alcohol and tobacco products. Ms. Rosa requested Council's support by approving Resolution No. 36-97 endorsing these recommendations. MOTION: Councilmember Anderson moved the City Council approve Resolution No. 36-97 endorsing the recommendations from the San Luis Obispo County Policy Panel regarding youth access to alcohol and tobacco products. The motion was seconded by Councilmember Peters and carved unanimously. (5-0) Mayor Novak called for a break at 7:50 p.m.; the meeting resumed at 8:00 p.m. C-3 RESOLUTION NO. 34-97 APPROVING PARKING IN -LIEU FEE OPTIONS; (BOUCHER) Public Works Director Bill Boucher reviewed the funding mechanism for the Front Street is project Lot Project and requested Council's approval for designating parking in -lieu fees for this project and property acquisition by adoption of Resolution No. 34-97. MOTION: Councilmember Peirce moved the City Council adopt Resolution No. 34-97 designating the Front Street Parking Lot Project and property acquisition for use of in -lieu parking fees. The motion was seconded by Councilmember Peters and carried unanimously. (5-0) D. NEW BUSINESS D-2 ADOPTION OF CITY PAVEMENT MANAGEMENT SYSTEM; (BOUCHER) Public Works Director Bill Boucher stated preparation of the Pavement Management System (PMS) is fully funded by a $7,500 grant from San Luis Obispo Council of Governments, and implementation of projects is based upon availability of monies. Mr. Boucher noted in order to continue to be eligible for federal funding for street improvement monies, agencies are required to prepare and adopt a PMS as a means for identification and prioritization of projects. He requested Council adopt the proposed Pavement Management System. MOTION: Councilmember Peirce moved the City Council approve the proposed Pavement Management System. The motion was seconded by Councilmember Peters and • carried unanimously. (5-0) E City Council Minutes May 27, 1997 • D-3 REPORT AND ANALYSIS ON CITY ATTORNEY COSTS; (HUNT) City Attorney David Hunt reviewed the report and analysis on city attorney costs. Council received the report for information. No further action was taken on this item. D-4 APPOINTMENT OF COUNCILMEMBER TO SERVE AS ALTERNATE DELEGATE ON THE INTEGRATED WASTE MANAGEMENT AUTHORITY; (COUNCIL) Mayor Novak requested Council appoint a Councilmember to serve as Alternate Delegate to the Integrated Waste Management Authority (IWMA). Council selected Councilmember Elliott to serve as Alternate Delegate to the IWMA. F. ADJOURNMENT The meeting adjourned at 9:06 p.m. Recorded by: � Yja.wtt� Bridgett Bauer City Clerk 0 07AIL11OUV •' MWERVA NOTICE OF BUDGET WORKSHOPS NOTICE IS HEREBY GIVEN that the Morro Bay City Council has scheduled the following Budget Workshop Sessions to discuss the Fiscal Year 1997/98 Preliminary Budget: Tuesday, May 13, 1997 Tuesday, May 20,1997 Thursday, May 22,1997 These workshops will be held in the Community Center Multi -Purpose Room, 1001 Kennedy Way, Morro Bay, California, and will begin at 6:00 p.m. • DATED: May 5, 1997 C' . CATHY NOVAK, Mayor City of Morro Bay u City of Morro Bay City Council Agenda Mission Statement The City of Morro Bay is dedicated to the preservation and enhancement of the quality of life. The City shall be committed to this purpose and will provide aievel of municipal service and safety consistent with and responsive to the needs of the public. REGULAR MEETING - MAY 12, 1997 VETERANS MEMORIAL HALL - 6:00 P.M. 209 SURF ST., MORRO BAY, CA ESTABLISH QUORUM AND CALL TO ORDER PRAYER PLEDGE OF ALLEGIANCE THOUGHT FOR THE DAY MAYOR AND COUNCILMEMBERS ANNOUNCEMENTS & PRESENTATIONS 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 CITY COUNCIL MEETING OF APRIL 14, 1997 AND.APRIL 28, 1997 (BAUER) RECOMMENDATION: APPROVE AS SUBMITTED. A-2 SET DATE FOR PUBLIC HEARING ON PROPOSITION 4 CALCULATIONS MOSER) RECOMMENDATION: SET JUNE 23, 1997 AS THE DATE, FOR A PUBLIC HEARING ON THE • 1997/98 APPROPRIATION LIMITS FOR THE PROCEEDS OF TAXES, AND DIRECT THE CITY CLERK TO ADVERTISE SAME. • A-3 RESOLUTION NO. 30-97 ACCEPTING TIDELANDS PARK PHASE III AS COMPLETE BY ASSOCIATED PACIFIC AND AUTHORIZING A NOTICE OF COMPLETION TO BE FILED (LUEKER) RECOMMENDATION: APPROVE RESOLUTION NO. 30-97. A-4 APPROVAL OF FUNDING ALLOCATION FOR WASTEWATER STUDY (BOUCHER) RECOMMENDATION: AUTHORIZE PREPARATION OF THE ANALYSIS AND ALLOCATION OF $11,900 FROM THE CURRENT YEAR'S WASTEWATER CAPITAL IMPROVEMENT FUND. A-5 APPOINTMENT OF ALTERNATE DELEGATE TO NATIONAL ESTUARY PROGRAM LOCAL POLICY COMMITTEE (NOVAK) RECOMMENDATION: APPOINT COUNCILMEMBER ELLIOTT AS ALTERNATE DELEGATE TO SERVE ON NEP LOCAL POLICY COMMITTEE. A-6 REQUEST FOR AMICUS SUPPORT IN PENN PACIFIC PROPERTIES V. CITY OF OCEANSIDE RECOMMENDATION: AUTHORIZE THE CITY ATTORNEY TO SUBMIT THE CITY'S AGREEMENT TO JOIN AS AMICUS CURIE IN A BRIEF IN SUPPORT OF THE CITY OF OCEANSIDE IN PENN PACIFIC PROPERTIES V. CITY OF OCEANSIDE. A-7 RESOLUTION NO. 35-97 ACCEPTING COMPLETION OF THE FLOATING DOCK • RECONSTRUCTION PROJECT BY ASSOCIATED PACIFIC CONSTRUCTORS AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION (BOUCHER) RECOMMENDATION: APPROVE RESOLUTION NO. 35-97. PUBLIC HEARINGS. REPORTS & APPEARANCES B-1 PRESENTATION ON PROGRESS OF NATIONAL ESTUARY PROGRAM (HOWELL) RECOMMENDATION: RECEIVE PRESENTATION. B-2 RESOLUTION NO. 33-97 ORDERING AN ENGINEER'S REPORT FOR THE NORTH POINT ASSESSMENT DISTRICT (LUEKER) : APPROVE RESOLUTION NO. 33-97. B-3 CONTINUED PUBLIC HEARING TO REVIEW AMENDMENTS TO THE LOCAL COASTAL PROGRAM GENERAL PLAN AND MORRO BAY MUNICIPAL CODE CHAPTER 13.20; BUILDING LIMITATION (NAUMAN) RECOMMENDATION: RECEIVE THE FINAL PLANNING COPM7ISSION RECOMMENDATION AND CONDUCT THE FIRST READING/INTRODUCTION OF ORDINANCE NO. 456 AMENDING CHAPTER 13.20. • B-4 RESOLUTION NO. 34-97 APPROVING PARKING IN -LIEU FEE OPTIONS FOR PROJECTS (BOUCHER) • RECOMMENDATION: APPROVE RESOLUTION NO. 34-97. B-5 ORDINANCE NO. 459 REVISING SECTIONS OF THE MORRO BAY MUNICIPAL CODE; FIRST READING/INTRODUCTION (HOWELL) RECOMMENDATION: APPROVE AMENDMENTS TO THE FOLLOWING SECTIONS OF THE MORRO BAY MUNICIPAL: 1.04.120, 1.04.130„ 1.12.010, 1.16.030, 1.16.050, 1.16.070, 1.16.080, 1.16.090, 2.04.020, 2.04.030, 2.08.030, 2.08.090, 2,08.110, 2.12.010, 2.12.030, 2.12.040, 2.12.050, 2.12.060, 2.12.070, 2.12.080, 2.12.090, 2.12.100, 2.12.110, 2.12.120, 2.12.130, 2.12.140, 2.12.150, 2.12.160, 2.12.170, 2.12.180, 2.12.190, 2.12.200, 2.12.210, 2.12.220, 2.12.230, 2.12.240, 2.12.250, 2.12.260, 2.12.270, 5.08.120, 7.16.040, 13.040.010, 13.040.070, 13.04.190, 13.04.200, 13.04.220, 13.04.230, 13.04.250, AND 17.44.020. (FIRST READING/INTRODUCTION OF ORDINANCE NO. 459) C-1 PROGRESS REPORT FROM ECONOMIC VITALITY COMMITTEE (HOWELL) : RECEIVE PROGRESS REPORT. C-2 REPORT ON FINANCING ALTERNATIVES FOR CERTAIN CAPITAL PROJECTS (KOSER) • RECOMMENDATION: CONSIDER THE THREE FINANCING SCENARIOS PRESENTED AND DIRECT STAFF BASED UPON THAT CONSIDERATION. guilt-1il__pcl � D-1 SET DATES FOR PUBLIC WORKSHOPS ON BUDGET FOR FISCAL YEAR 1997/98 (KOSER) 1MENDATION: SCHEDULE PUBLIC WORKSHOPS ON THE FISCAL YEAR 1997/98 BUDGET FOR TUESDAY, MAY 13TH, TUESDAY, MAY 20TH, THURSDAY, MAY 22ND, AND WEDNESDAY, MAY 28TH IF NEEDED. ALL MEETINGS WILL BEGIN AT 6:00 P.M. AND WILL BE HELD AT THE COMMUNITY CENTER MULTI -PURPOSE ROOM, 1001 KENNEDY WAY, MORRO BAY. 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 . REGULAR MEETING - MAY 12, 1997 VETERANS MEMORIAL HALL - 6:00 P.M. Mayor Novak called the meeting to order at 6:00 p.m. ESTABLISH QUORUM AND CALL TO ORDER IVIt". 01 PLEDGE OF ALLEGIANCE THOUGHT FOR THE DAY MAYOR'S REPORTS & ANNOUNCEMENTS PUBLIC COMMENT Everett Tungett, MB Seniors Inc., stated the month of May is designated as Older American Month and an Open House will be held on Wednesday, May 14th at the Senior Center. • Harry Rogers suggested the City add the percentage of State Water on the water bills. Grace Melton stated there will be a dig -out celebration on the 4th of July starting at 2:00 p.m. along Coleman Drive calling attention to the City's need to dredge the bay. Morro Bay Cub Scout Pack 90 presented a Certificate of Appreciation to Mayor Novak for taking the pack on a tour of City Hall. Wally McCray presented parade participants with t-shirts. DECLARATION OF FUTURE AGENDA ITEMS Mayor Novak requested to agendize the review of City Attorney fees. Councilmember Anderson requested to agendize the review of County Task Force findings regarding youth access to alcohol and tobacco. • 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 CITY COUNCIL MEETING OF APRIL 14, 1997 AND APRIL 28, 1997; (BAUER) RECOMMENDATION: Approve as submitted. A-2 SET DATE FOR PUBLIC HEARING ON PROPOSITION 4 CALCULATIONS; (KOSER) RECOMMENDATION: Set June 23, 1997 as the date for a Public Hearing on the 1997/98 Appropriation Limits for the proceeds of taxes, and direct the City Clerk to advertise same. A-3 RESOLUTION NO. 30-97 ACCEPTING TIDELANDS PARK PHASE III AS COMPLETE BY ASSOCIATED PACIFIC AND AUTHORIZING A NOTICE OF COMPLETION TO BE FILED; (LUEKER) RECOMMENDATION: Approve Resolution No. 30-97. • A-4 APPROVAL OF FUNDING ALLOCATION FOR WASTEWATER STUDY; (BOUCHER) RECOMMENDATION: Authorize preparation of the analysis and allocation of $11,900 from the current year's Wastewater Capital Improvement Fund. A-5 APPOINTMENT OF ALTERNATE DELEGATE TO NATIONAL ESTUARY PROGRAM LOCAL POLICY COMMITTEE (NOVAK) RECOMMENDATION: Appoint Councilmember Elliott as alternate delegate to serve on NEP Local Policy Committee. A-6 REQUEST FOR AMICUS SUPPORT IN PENN PACIFIC PROPERTIES V. CITY OF OCEANSIDE RECOMMENDATION: Authorize the City Attorney to submit the City's agreement to join as amicus curie in a brief in support of the City of Oceanside in PENN PACIFIC PROPERTIES V. CITY OF OCEANSIDE. 0 2 A-7 RESOLUTION NO.35-97 ACCEPTING COMPLETION OF THE FLOATING DOCK • RECONSTRUCTION PROJECT BY ASSOCIATED PACIFIC CONSTRUCTORS AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION (BOUCHER) RECOMMENDATION: Approve Resolution No. 35-97. Mayor Novak pulled Item A-1 (Minutes of April 28th) from the Consent Calendar, Councilmember Peirce pulled Item A-4, and Councilmember Peters pulled Item A-6. MOTION: Councilmember Elliott moved the City Council approve the Consent Calendar with the exception of Items A-1, A-4, and A-6. The motion was seconded by Councilmember Peters and carried unanimously. (5-0) A-1 APPROVAL OF MINUTES FOR THE REGULAR CITY COUNCIL MEETING OF APRIL 14, 1997 AND APRIL 28, 1997; (BAUER) Mayor Novak requested the following corrections to the minutes of April 28, 1997: 1) the addition of the City Attorney's Closed Session announcement regarding the Den-Dulk property; and 2) Item D-2, page 7, change the word Council to Committee. Councilmember Peters made a correction to the minutes of April 14, 1997, Item B-1, page 6, stating in the motion, Council referred to a second "boat access facility" instead of a second "boat • launch ramp". Councilmember Peters also made a correction to the minutes of April 28, 1997, Item B-2, page 5, stating not all public comments were in support of the same bikeway plan. A-4 APPROVAL OF FUNDING ALLOCATION FOR WASTEWATER STUDY; (BOUCHER) Councilmember Peirce asked for clarification on the potential impact of the funding allocation. City Administrator Dave Howell responded the grant which funded the Wastewater Treatment Plant requires an effluent analysis, this money will appropriate funding for the required wastewater stream analysis. MOTION: Councilmember Peirce moved the City Council authorize preparation of the analysis and allocation of $11,900 from the current year's Wastewater Capital Improvement Fund. The motion was seconded by Councilmember Anderson and carried unanimously. (5-0) 0 A-6 REQUEST FOR AMICUS SUPPORT IN PENN PACIFIC PROPERTIES V. CITY OF • OCEANSIDE Councilmember Peters requested clarification from the City Attorney regarding amicus support for the public's benefit. City Attorney David Hunt clarified the process, and noted this is not a costly endeavor for the City. MOTION: Councilmember Peters moved the City Council authorize the City Attorney to submit the City's agreement to join as amicus curie in a brief in support of the City of Oceanside in Penn Pacific Properties v. City of Oceanside. The motion was seconded by Councilmember Anderson and carried unanimously. (5-0) Mayor Novak requested to hear Item C-1 after Item B-1; Council concurred. B. PUBLIC HEARINGS REPORTS & APPEARANCES B-1 PRESENTATION ON PROGRESS OF NATIONAL ESTUARY PROGRAM Bill Newman, Friends of the Estuary, reported the progress of the National Estuary Program. • Mayor Novak opened the public hearing. Wally McCray expressed support for this program. Charles Palmer shared past history of the bay. Mayor Novak closed the public hearing. Council expressed their support for this program. No further action was taken. C. UNFINISHED BUSINESS C-1 PROGRESS REPORT FROM ECONOMIC VITALITY COMMITTEE John Zaver of the Economic Vitality Committee reviewed the progress report regarding the Business Improvement District. Council discussed diagonal parking along Morro Bay Boulevard. 0 4 Mr. Howell recommended Council refer this issue to the Public Works Advisory Board. • Council requested staff agendize this item before the Public Works Advisory Board and report back to Council at their May 27th meeting. No further action was taken on this item. B-2 RESOLUTION NO. 33-97 ORDERING AN ENGINEER'S REPORT FOR THE NORTH POINT ASSESSMENT DISTRICT Recreation and Parks Director Andrea Lueker noted the proposed resolution states the intent to levy and collect assessments, lists the improvements, names the district and gives its general location. The resolution refers to the proposed assessment and gives notice of a time and place on the question of levy of the proposed assessment; it also states whether or not the proposed assessment is an increase from the previous year. Ms. Lueker recommended the Council adopt Resolution No. 33-97 ordering the preparation of an engineer's report detailing the expenses projected for fiscal year 1997-98 for the maintenance of the North Point Natural Area. Mayor Novak opened the public hearing; there were no comments, and the public hearing was closed. MOTION: Councilmember Anderson moved the City Council approve Resolution No. 33-97 • ordering the preparation of an engineer's report detailing the expenses projected for Fiscal Year 1997-98 for the maintenance of the North Point Natural Area. The motion was seconded by Councilmember Peters and carried with Councilmember Elliott voting no. (4-1) Mayor Novak called for a break at 7:25 p.m.; the meeting resumed at 7:42 p.m. B-3 CONTINUED PUBLIC HEARING TO REVIEW AMENDMENTS TO THE LOCAL COASTAL PROGRAM GENERAL PLAN AND MORRO BAY MUNICIPAL CODE CHAPTER 13.20; BUILDING LIMITATION Acting Planning Director Shauna Nauman reviewed the Planning Commission's recommendations for the amendments to the Local Coastal Program (Chapter V), General Plan (portions of Chapter II) and Morro Bay Municipal Code (MBMC) Chapter 13.20 to implement the Certified Water Management Plan. Ms. Nauman recommended the City Council adopt Resolution No. 32-97 amending the Local Coastal Plan and General Plan; and conduct the first reading and introduction of Ordinance No. 456 repealing the current MBMC Chapter 13.20 (Building Limitations), and replacing it with a new Chapter 13.20 (Allocation of Water Resources). Mayor Novak opened the public hearing • John Barta, Vice Chairman of the Planning Commission, stated the major outcome for the City is there will be no further dealings with water allocations and the mandatory retrofit program. He stated there are two issues before Council as a result of Planning Commission discussions: 1) is there a scarcity of water; and 2) the further review in order to initiate the process of the Water Management Plan. Charles Palmer stated he has retrofitted his house himself without being recorded by the City. He also addressed past conditions of City wells. Ray McKelligott read a letter written by Advocates for a Better Community written to the Planning Commission protesting the transfer of water allocations. Nelson Sullivan addressed Council with concerns of water transfers and the conflicts with Measure I. Harry Rogers stated it is too late to change Measure I and the City needs to make a common sense decision on the allocation of water and fees charged. Bill Olson addressed the retrofitting of toilets to 1.5 gallon and the problems caused to the sewer lines. • Mayor Novak closed the public hearing. City Attorney David Hunt referred to water- related cases litigated for the City in past years. He also gave an opinion to the statements made to Measure I. Mr. Hunt suggested caution to Council in their consideration of this issue keeping in mind the Coastal Commission's review and approval of these amendments. Council thanked staff and the Planning Commission for their efforts in preparing these documents. MOTION: Councilmember Anderson moved the City Council adopt Resolution No. 32-97 approving amendments to Chapter V of the Local Coastal Plan, and portions of Chapter II of the General Plan to implement the 1995 Certified Water Management Plan. The motion was seconded by Councilmember Peters and carried with Councilmember Peirce voting no. (4-1) MOTION: Councilmember Peters moved the City Council adopt Ordinance No. 456 for first reading and introduction.The motion was seconded by Councilmember Anderson and carried unanimously. (5-0) is City Administrator Dave Howell read Ordinance No. 456 by title and number. • MOTION: Councilmember Peirce moved the City Council continue the second reading and adoption of Ordinance No. 456 to the May 27, 1997 City Council meeting. The motion was seconded by Councilmember Anderson and carried unanimously. (5-0) Mayor Novak called for a break at 9:25; the meeting resumed at 9:34 p.m. B-4 RESOLUTION NO. 34-97 APPROVING PARKING IN -LIEU FEE OPTIONS FOR PROJECTS Public Works Director Bill Boucher reviewed options relating to the use of parking in -lieu fees for potential projects, specifically addressing the Front Street parking lot project, and recommended Council approve Resolution No. 34-97 funding this project with the use of in -lieu parking fees. Mayor Novak opened the public hearing. Harry Rogers stated the City should consider how to bring tourist to Morro Bay before reviewing further parking. He said the Harbor Department should contribute to the Front Street parking lot due to the benefit it will gain. • Charles Palmer stated Front Street is distant from the rest of the Embarcadero, and suggested Council consider other locations for parking. Mayor Novak closed the public hearing. After Council deliberation, Mayor Novak recommended Council request staff draft another resolution allocating $200,000 to the Front Street Parking Lot Project as a Capital Improvement Project, and also pursue acquisition of additional parking areas. Council concurred. City Administrator Dave Howell stated this will return to Council at their May 27, 1997 meeting. No further action was taken on this item. B-5 ORDINANCE NO.459 REVISING SECTIONS OF THE MORRO BAY MUNICIPAL CODE; (FIRST READING/INTRODUCTION) City Administrator Dave Howell introduced various amendments to the Morro Bay Municipal Code. E Mayor Novak opened the public hearing; there were no comments, and the public hearing was • closed. Council agreed with the proposed amendments to the code. MOTION: Councilmember Elliott moved the City Council approve the first reading and introduction of Ordinance No. 459. The motion was seconded by Councilmember Peirce and carried unanimously. (5-0) City Administrator Dave Howell read Ordinance No. 459 by title and number only. MOTION: Councilmember Peirce moved the City Council continue the second reading and adoption of Ordinance No. 459 to the June 9, 1997 City Council meeting. The motion was seconded by Councilmember Anderson and carried unanimously. (5-0) D. NEW BUSINESS D-1 SET DATES FOR PUBLIC WORKSHOPS ON BUDGET FOR FISCAL YEAR 1997/98 Finance Director Jim Koser recommended the City Council schedule the workshops to review • the fiscal year 1997-98 budget for May 13, 20, and 22, 1997, and May 28, 1997 if needed. These workshops will begin at 6:00 p.m. and will be located at the Morro Bay Community Center Multi -Purpose Room. Council agreed to the scheduled dates as recommended. No further action was taken on this item. F. ADJOURNMENT The meeting adjourned at 11:25 p.m. Recorded by: Bridgettauer City Clerk 0 • City of Morro Bay City Council Agenda Mission Statement The City of Mono 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 28, 1997; 5:00 P.M. CLOSED SESSION - APRIL 28, 1997 CITY HALL CONFERENCE ROOM - 5:00 P.M. 595 HARBOR ST., MORRO BAY, CA ♦ DISCUSS WITH LEGAL COUNSEL, BASED ON EXISTING FACTS, WHETHER TO INITIATE LITIGATION AS TO ONE MATTER. ♦ PROPERTY: KING PROPERTY/DEN-DULK PROPERTY NEGOTIATING PARTIES: CITY ADMINISTRATOR; JOHN KING FOR PROPERTY OWNER NEGOTIATIONS: POSSIBLE VOLUNTARY PURCHASE. PUBLIC SESSION - APRIL 28, 1997 VETERANS MEMORIAL HALL - 6:00 P.M. 209 SURF ST., MORRO BAY, CA ESTABLISH QUORUM AND CALL TO ORDER PRAYER PLEDGE OF ALLEGIANCE THOUGHT FOR THE DAY MAYOR AND COUNCILMEMBERS ANNOUNCEMENTS & PRESENTATIONS 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. CONSENT CALENDAR Unless an item is pulled for separate action by the City Council, the following actions are approved without discussion. CONSENT CALENDAR A-1 APPROVAL OF MINUTES FOR THE REGULAR CITY COUNCIL MEETING OF APRIL 14, 1997 (BAUER) - THIS ITEM HAS BEEN PULLED FROM THE AGENDA A-2 STATEMENT OF CASH & INVESTMENTS - MARCH 1997 (KOSER) RECOMMENDATION: ACCEPT REPORT AS SUBMITTED. A-3 EXPENDITURE REPORT - MARCH 1997 MOSER) RECOMMENDATION: APPROVE AS SUBMITTED. A-4 APPROVAL OF CITY ATTORNEY CONTRACT EXTENSION (HUNT) RECOMMENDATION: PURSUANT TO THE EVALUATION OF THE CITY ATTORNEY AT • THE LAST CLOSED SESSION AND THE DIRECTION GIVEN AT THAT TIME THAT NO NOTICE BE PROVIDED UNDER THE CONTRACT FOR ANY NEGOTIATIONS OR TERMINATION, CITY COUNCIL APPROVED THE CONTINUED SERVICE OF HUNT & ASSOCIATES AS THE CITY ATTORNEY FOR THE CITY OF MORRO BAY FOR THE NEXT TERM OF THE CONTRACT. A-5 APPROVAL OF CITY ADMINISTRATOR CONTRACT EXTENSION (HUNT) RECOMMENDATION: PURSUANT TO COUNCIL'S DISCUSSION AND EVALUATION OF CITY ADMINISTRATOR IN CLOSED SESSION AND DIRECTION GIVEN AT THAT TIME: 1) ACCEPT THE CITY ADMINISTRATOR'S NOTICE OF RETIREMENT BY APPROXIMATELY YEAR END; 2) APPROVE THE EXTENSION OF THE CITY ADMINISTRATOR'S CONTRACT ON A MONTH TO MONTH BASIS PENDING THE RECRUITMENT PROCESS; AND 3) AUTHORIZE THE CITY ADMINISTRATOR TO CONDUCT THE RECRUITMENT PROCESS FOR HIS REPLACEMENT. A-6 RESOLUTION NO. 31-97 APPROVING LEASE AGREEMENT WITH U.S. COAST GUARD FOR USE OF NORTH T-PIER BERTHING FACILITIES (ALGERT) MENDATION: APPROVE RESOLUTION NO. 31-97 AUTHORIZING EXECUTION OF THE 10-YEAR LEASE AGREEMENT WITH THE USCG FOR VESSEL BERTHING AND RELATED SERVICES AT THE NORTH T-PIER. A-7 RESOLUTION NO. 28-97 CORRECTING DEED FOR SEWER EASEMENT • THROUGH PG&E POWER PLANT PROPERTY (BOUCHER) RECOMMENDATION: APPROVE RESOLUTION NO. 28-97. A-8 RESOLUTION NO. 23-97 AUTHORIZING DESTRUCTION OF RECORDS PURSUANT TO GOVERNMENT CODE SECTION 34090 (LOVEN) RECOMMENDATION: APPROVE RESOLUTION NO. 23-97 WHICH RESCINDS PRIOR COUNCIL RESOLUTION NO. 115-91 AND REAUTHORIZES THE DESTRUCTION OF POLICE DEPARTMENT RECORDS. A-9 RESOLUTION NO. 30-97 ACCEPTING TIDELANDS PARK PHASE III AS COMPLETED BY ASSOCIATED PACIFIC AND AUTHORIZING A NOTICE OF COMPLETION TO BE FILED (LUEKER) - THIS ITEM HAS BEEN PULLED FROM THE AGENDA A-10 PROCLAMATION DECLARING MAY 1997 AS NATIONAL ELECTRICAL SAFETY MONTH' (BAUER) RECOMMENDATION: ADOPT PROCLAMATION. A-11 PROCLAMATION DECLARING MAY 4-10, 1997 AS NATIONAL TOURISM WEEK' (BAUER) • RECOMMENDATION: ADOPT PROCLAMATION. PUBLIC HEARINGS, REPORTS & APPEARANCES B-1 ORDINANCE NO. 459 - REVISIONS TO VARIOUS SECTIONS OF THE MORRO BAY MUNICIPAL CODE; FIRST READING/INTRODUCTION (HOWELL) RECOMMENDATION: APPROVE FIRST READING/INTRODUCTION. B-2 RESOLUTION NO. 29-97 APPROVING CITY-WIDE BIKEWAY PLANNING STUDY (BOUCHER) RECOMMENDATION: ACCEPT THE REPORT AND STUDY AND APPROVE THE PROPOSED PROJECT BY ADOPTION OF RESOLUTION NO. 29-97. B-3 CONTINUED PUBLIC HEARING TO REVIEW AMENDMENTS TO THE LOCAL COASTAL PROGRAM GENERAL PLAN AND MORRO BAY MUNICIPAL CODE CHAPTER 13.20; BUILDING LIMITATION (NAUMAN) MENDATION: DIRECT STAFF AS DETERMINED NECESSARY, AND CONTINUE THE PUBLIC HEARING TO THE MAY 12, 1997 REGULAR CITY COUNCIL MEETING TO RECEIVE THE FINAL PLANNING COMMISSION RECOMMENDATION AND CONDUCT THE FIRST READING/INTRODUCTION OF THE ORDINANCE AMENDING CHAPTER 13.20. 0 • UNFINISHED BUSINESS C-1 CONSIDERATION OF REJECTING REQUEST FOR PROPOSALS TO OPERATE AND MANAGE MORRO BAY DIAL -A -RIDE (BOUCHER) RECOMMENDATION: REJECT ALL BIDS TO OPERATE AND MANAGE MORRO BAY DIAL -A -RIDE (MBDAR), PREPARE STUDY THAT WOULD ASSESS SUSTAINABLE SERVICE AND FUNDING OPTIONS FOR TRANSIT SERVICE IN MORRO BAY, AND AUTHORIZE EXTENSION OF THE CURRENT MBDAR CONTRACT WITH LAIDLAW FOR ONE YEAR UNTIL THE STUDY IS COMPLETE. Rlvod— 014� *1 D-1 RESOLUTION NO. 27-97 ADOPTING CITY-WIDE RECORDS RETENTION SCHEDULE (DAVIS) RECOMMENDATION: ADOPT RESOLUTION NO. 27-97 APPROVING A CITY-WIDE RECORDS RETENTION SCHEDULE; AND CONSIDER FUNDING A PART-TIME EMPLOYEE IN THE FISCAL YEAR 1997/98 BUDGET TO BEGIN THE PROCESS OF ORGANIZING AND PURGING FILES. D-2 APPOINTMENT OF COUNCIL DELEGATE TO NATIONAL ESTUARY PROGRAM LOCAL POLICY COUNCIL (HOWELL) • RECOMMENDATION: APPOINT A CITY COUNCIL DELEGATE AND ALTERNATE DELEGATE TO THE NEP LOCAL POLICY COUNCIL. D-3 REQUEST BY COUNCILMEMBER TO REAGENDIZE DISCUSSION OF THE PUBLIC EDUCATION AND GOVERNMENT ACCESS PLAN (PETERS) RECOMMENDATION: REAGENDIZE DISCUSSION AS REQUESTED BY COUNCILMEMBER PETERS. 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 - APRIL 28, 1997 CITY HALL CONFERENCE ROOM - .5:00 P.M. Mayor Novak called the meeting to order at 5:00 p.m. PRESENT: STAFF: Cathy Novak Rodger Anderson Dave Elliott William Peirce Janice Peters Dave Howell David Hunt Mayor Councilmember Councilmember Councilmember Councilmember City Administrator City Attorney MOTION: Councilmember Peirce moved the meeting be adjourned to Closed Session. The motion was seconded by Councilmember Anderson and unanimously carried. (5-0) Mayor Novak read the Closed Session statement. ♦ DISCUSS WITH LEGAL COUNSEL, BASED ON EXISTING FACTS, WHETHER TO INITIATE LITIGATION AS TO ONE MATTER. ♦ PROPERTY: KING PROPERTY/DEN-DULK PROPERTY NEGOTIATING PARTIES: CITY ADMINISTRATOR; JOHN KING FOR PROPERTY OWNER NEGOTIATIONS: POSSIBLE VOLUNTARY PURCHASE. The meeting adjourned to Closed Session at 5:00 p.m. and returned to regular session at 5:55 p.m. MOTION: Councilmember Peirce moved the meeting be adjourned. The motion was seconded by Councilmember Peters and unanimously carried. (5-0) The meeting adjourned at 5:55 p.m. MINUTES - MORRO BAY CITY COUNCIL • REGULAR MEETING - APRIL 28, 1997 VETERANS MEMORIAL HALL - 6:00 P.M. Mayor Novak called the meeting to order at 6:00 p.m. ESTABLISH QUORUM AND CALL TO ORDER INVOCATION PLEDGE OF ALLEGIANCE THOUGHT FOR THE DAY MAYOR AND COUNCILMEMBERS REPORTS & ANNOUNCEMENTS: Mayor Novak requested City Attorney David Hunt report on actions taken during the Closed Session. Mr. Hunt reported Council in Closed Session, under Government Code Section 54956.8; Real Property Transactions, authorized the City Administrator, the City's real property negotiator, to enter into negotiations relating to the possible purchase by the City of the Den-Dulk (John King) property. Prior to discussions, Mayor Novak removed herself from these discussions due to a financial conflict of interest as a result • of Mr. King having been a contributor to her campaign and stepped out of the room. • Councilmember Peirce made a motion to authorize the City Administrator to proceed with negotiations for the purchase of the Den -bulk (John King)property, and negotiate an option to purchase per the approval of Council. The motion was seconded by Councilmember Peters and carried 4-0-1(Mayor Novak abstaining). I-•lrJ�/����Zi u u Harry Rogers addressed Council on City improvements. Colby Crotzer addressed Council regarding the provision of the list of the ministerial association. Wally McCray requested support in the dredging of the channel. Steve Mathieu addressed Council regarding PEG Access and requested this issue be agendized for discussion at the next Council meeting. Nelson Sullivan addressed concern with PEG Access. 2 Mayor Novak closed the public comment period. Councilmember Peters requested to agendize discussion to eliminate the Coleman Park Launch Ramp proposal; and also agendize discussion on in -lieu parking fees. 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 CITY COUNCIL MEETING OF APRIL 14, 1997 (BAUER) - THIS ITEM WAS PULLED FROM THE AGENDA. A-2 STATEMENT OF CASH & INVESTMENTS - MARCH 1997 (KOSER) RECOMMENDATION: ACCEPT REPORT AS SUBMITTED. A-3 EXPENDITURE REPORT - MARCH 1997 MOSER) RECOMMENDATION: APPROVE AS SUBMITTED. • A-4 APPROVAL OF CITY ATTORNEY CONTRACT EXTENSION (HUNT) RECOMMENDATION: PURSUANT TO THE EVALUATION OF THE CITY ATTORNEY AT THE LAST CLOSED SESSION AND THE DIRECTION GIVEN AT THAT TIME THAT NO NOTICE BE PROVIDED UNDER THE CONTRACT FOR ANY NEGOTIATIONS OR TERMINATION, CITY COUNCIL APPROVED THE CONTINUED SERVICE OF HUNT & ASSOCIATES AS THE CITY ATTORNEY FOR THE CITY OF MORRO BAY FOR THE NEXT TERM OF THE CONTRACT. A-5 APPROVAL OF CITY ADMINISTRATOR CONTRACT EXTENSION (HUNT) RECOMMENDATION: PURSUANT TO COUNCIL'S DISCUSSION AND EVALUATION OF CITY ADMINISTRATOR IN CLOSED SESSION AND DIRECTION GIVEN AT THAT TIME: 1) ACCEPT THE CITY ADMINISTRATOR'S NOTICE OF RETIREMENT BY APPROXIMATELY YEAR END; 2) APPROVE THE EXTENSION OF THE CITY ADMINISTRATOR'S CONTRACT ON A MONTH TO MONTH BASIS PENDING THE RECRUITMENT PROCESS; AND 3) AUTHORIZE THE CITY ADMINISTRATOR TO CONDUCT THE RECRUITMENT PROCESS FOR HIS REPLACEMENT. A-6 RESOLUTION NO. 31-97 APPROVING LEASE AGREEMENT WITH U.S. COAST GUARD FOR USE OF NORTH T-PIER BERTHING FACILITIES (ALGERT) • RECOMMENDATION: APPROVE RESOLUTION NO. 31-97 AUTHORIZING 3 EXECUTION OF THE 10-YEAR LEASE AGREEMENT WITH THE USCG FOR VESSEL BERTHING AND RELATED SERVICES AT THE NORTH T-PIER. • A-7 RESOLUTION NO. 28-97 CORRECTING DEED FOR SEWER EASEMENT THROUGH PG&E POWER PLANT PROPERTY (BOUCHER) RECOMMENDATION: APPROVE RESOLUTION NO. 28-97. A-8 RESOLUTION NO. 23-97 AUTHORIZING DESTRUCTION OF RECORDS PURSUANT TO GOVERNMENT CODE SECTION 34090 (LOVEN) RECOMMENDATION: APPROVE RESOLUTION NO. 23-97 WHICH RESCINDS PRIOR COUNCIL RESOLUTION NO. 115-91 AND REAUTHORIZES THE DESTRUCTION OF POLICE DEPARTMENT RECORDS. A-9 RESOLUTION NO. 30-97 ACCEPTING TIDELANDS PARK PHASE III AS COMPLETED BY ASSOCIATED PACIFIC AND AUTHORIZING A NOTICE OF COMPLETION TO BE FILED (LUEKER) - THIS ITEM WAS PULLED FROM THE AGENDA A-10 PROCLAMATION DECLARING MAY 1997 AS 'NATIONAL ELECTRICAL SAFETY MONTH' (BAUER) RECOMMENDATION: ADOPT PROCLAMATION. A-11 PROCLAMATION DECLARING MAY 4-10, 1997 AS 'NATIONAL TOURISM • WEEK' (BAUER) • RECOMMENDATION: ADOPT PROCLAMATION. Councilmember Elliott pulled Item A-6 from the Consent Calendar; Councilmember Anderson pulled Item A-8. MOTION: Councilmember Peters moved the City Council approve the Consent Calendar with the exception of Items A-6 and A- 8. The motion was seconded by Councilmember Anderson and unanimously carried. (5-0) A-6 RESOLUTION NO. 31-97 APPROVING LEASE AGREEMENT WITH U.S. COAST GUARD FOR USE OF NORTH T-PIER BERTHING FACILITIES (ALGERT) Councilmember Elliott expressed concern with the agreement with USCG for use of the North T-Pier berthing facilities. Harbor Director Rick Algert clarified the conditions of the usage of the T-Pier. Mayor Novak suggested pulling this item for further review. 13 No further action was taken on this item. • A-8 RESOLUTION NO. 23-97 AUTHORIZING DESTRUCTION OF RECORDS PURSUANT TO GOVERNMENT CODE SECTION 34090 (LOVEN) Councilmember Anderson asked for clarification of this authorization for the public's benefit. Chief Loven clarified what the authorization allows for destruction of Police Department records pursuant to Government Code Section 34090. MOTION: Councilmember Anderson moved the City Council approve Resolution No. 23-97 authorizing destruction of records pursuant to Government Code Section 34090. The motion was seconded by Councilmember Elliott and unanimously carried. (5-0) is l: e_;sue B-1 ORDINANCE NO. 459 - REVISIONS TO VARIOUS SECTIONS OF THE MORRO BAY MUNICIPAL CODE; FIRST READING/INTRODUCTION (HOWELL)- THIS ITEM WAS PULLED FROM THE AGENDA. B-2 RESOLUTION NO. 29-97 APPROVING CITY-WIDE BIKEWAY PLANNING • STUDY (BOUCHER) Public Works Director Bill Boucher reviewed the City-wide Bikeway Planning Study which is funded through a San Luis Obispo Council of Governments (SLOCOG) grant. He recommended Council adopt Resolution No. 29-97 approving the proposed project. • Mayor Novak opened the public hearing. Colby Crotzer stated it is critical to connect the Class I bike path because it is the regional link connecting North Morro Bay and South Morro Bay. Leabah Winter agreed with Mr. Crotzer's statements and stated this issue should be reviewed by the Recreation and Parks Commission and the community should be made more aware of the plan. Steve Mathieu expressed support for the proposed priority list for the funded plan. John Barta also expressed support for staff's recommendation to approve the proposed project priority list. Mayor Novak closed the public hearing. C Richard Murphy, SLOCOG, addressed funding sources for this project. . MOTION: Councilmember Anderson moved the City Council adopt Resolution No. 29-97 approving the City-wide Bikeway Planning Study. The motion was seconded by Councilmember Peirce and carried unanimously. (5-0) MOTION: Mayor Novak moved the City Council instruct staff to notify SLOCOG to seek reallocation of the $315,000 subject to the potential loss of the funding, and withdraw the authorization if funding is not allocated. The motion was seconded by Councilmember Anderson and carried with Councilmember Peters voting no. (4-1) Mayor Novak called for a break at 8:08 p.m.; the meeting resumed at 8:19 P.M. B-3 CONTINUED PUBLIC HEARING TO REVIEW AMENDMENTS TO THE LOCAL COASTAL PROGRAM GENERAL PLAN AND MORRO BAY MUNICIPAL CODE CHAPTER 13.20; BUILDING LIMITATION (NAUMAN) Acting Planning and Building Director Shauna Nauman reviewed the Planning Commission's review and recommendations to Morro Bay Municipal Code (MBMC) Chapter 13.20. She recommended the City Council continue this public hearing to the May 12, 1997 City • Council meeting in order to receive the final Planning Commission recommendation and then conduct the first reading/introduction of the ordinance amendments to MBMC Chapter 13.20. • Mayor Novak opened the public hearing. Don Doubledee, Chairman of the Planning Commission, stated the Commission should have a recommendation after their May 5, 1997 meeting and requested Council continue this public hearing to their May 12th meeting. Harry Rogers stated he would like the City to address the facts and adjust building fees. Mayor Novak closed the public hearing. MOTION: Councilmember Elliott moved the City Council continue this public hearing to the May 12, 1997 City Council meeting. The motion was seconded by Councilmember Peters and carried unanimously. (5-0) 0 • C-1 CONSIDERATION OF REJECTION REQUEST FOR PROPOSALS TO OPERATE AND MANAGE MORRO BAY DIAL -A -RIDE (BOUCHER) Public Works Director Bill Boucher reviewed the consideration of rejecting the Request for Proposals (RFP) to operate and manage Morro Bay Dial -A -Ride (MBDAR), and requested Council authorize an extension of the current MBDAR contract with Laidlaw for one year until a study that would assess sustainable service and funding option for transit service in Morro Bay is complete. MOTION: Mayor Novak moved the City Council reject all bids to operate and manage Morro Bay Dial -A -Ride, prepare a study that would assess sustainable service and funding options for transit service in Morro Bay, and authorize an extension of the current Morro Bay Dial -A -Ride contract with Laidlaw for one year until the study is complete. The motion was seconded by Councilmember Peters and carried unanimously. (5-0) D. NEW BUSINESS D-1 RESOLUTION NO. 27-97 ADOPTING CITY-WIDE RECORDS RETENTION SCHEDULE (DAVIS) • City Administrator Dave Howell requested Council approval of Resolution No. 27-97 approving a City-wide Records Retention Schedule in order to begin the process of organizing and purging files. • MOTION: Councilmember Elliott moved the City Council approve Resolution No. 27-97 approving the adoption of a City- wide Records Retention Schedule. The motion was seconded by Councilmember Peirce and unanimously carried. (5-0) D-2 APPOINTMENT OF COUNCIL DELEGATE TO NATIONAL ESTUARY PROGRAM LOCAL POLICY ^^'c AR;GGIL COMMITTEE(NOVAK) Mayor Novak offered to serve as the City's delegate to serve on the National Estuary Program Local Policy eeuneil Committee. MOTION: Mayor Novak moved the City Council appoint her to serve as delegate on the National Estuary Program Local Policy Gatineil Committee. The motion was seconded by Councilmember Anderson and carried unanimously. (5-0) 7 D-3 REQUEST BY COUNCILMEMBER TO REAGENDIZE DISCUSSION OF THE PUBLIC EDUCATION AND GOVERNMENT ACCESS PLAN (PETERS) • Councilmember Peters requested this item be reagendized to discuss: 1) the need for additional public input pertaining to the public and education aspects of Public Education and Government Access (PEG); and 2) budget appropriation to fund a professional negotiator to assist with negotiations with Sonic Cable. MOTION: Councilmember Peters moved the City Council cease negotiations with Sonic Cable until further review by Council. The motion failed with Councilmembers Anderson, Elliott and Mayor Novak voting no. (2-3) MOTION: Mayor Novak moved the City Council send the need for additional public input pertaining to the public and education aspects of Public Education and Government Access to the Public Works Advisory Board for review; and direct staff to postpone negotiations with Sonic Cable until further review by Council. The motion was seconded by Councilmember Anderson and carried with Councilmember Peters voting no. (4-1) F. The meeting adjourned at 9:45 p.m. • Recorded by: Bridgett Bauer City Clerk 0 NOTICE OF SPECIAL MEETING NOTICE IS HEREBY GIVEN that the Morro Bay City Council will be holding a Town Hall Meeting on Thursday, April 24, 1997 at 6:00 p.m. to be held at the Morro Bay Veterans Memorial Building, 209 Surf Street, Morro Bay, California. DATED: April 21, 1997 n U Ilk 1 =-A La 11 I NOTICE OF SPECIAL MEETING NOTICE IS HEREBY GIVEN that a Special Meeting of the Morro Bay City Council is hereby called to be held on Wednesday, April 16.1997 at 7:00 p•m• to be held at St. Timothy's Catholic Church - Community Hall, 962 Piney Way, Morro Bay, California The City Council will be meeting jointly with the City's Community Promotions Committee, Morro Bay Visitors Information Center, and San Luis • Obispo County Visitors and Conference Bureau and Film Commission to discuss tourism to Morro Bay through marketing and advertising. DATED: April 9, 1997 CATHY OVAK, Mayor M O R R O BA Y T O U R I S M C O N F E R E N C E • AP R I L 16 T H W O R K I N G j N D E P E N D E N T L Y— W O R K I N G T O G E T H E R" E San Luis Obispo County Visitors & Conference Bureau ^,/ M0770 V IQITOR CQNTQp AY _— San Luis Oblspo County FILM COMMISSION A Division of the Son Luls Obispo County VISITORS & CONFERENCE BUREAU Date: Wednesday April 16, 1997 Time: 7:00 p.m. Place: St.Timothy's Catholic Church —Community Hall 962 Piney Way, Morro Bay (across from the Community Center) REFRESHMENTS WILL BE SERVED CITY OF MORRO BAY Our Mission is to increase tourism to Morro Bay through COMMUNITY PROMOTI ONS marketing and advertising. Tourism is essential to the eco- C O M M I T T E E nomic health and quality of life of this community. We pro- vide input and recommendations to the Morro Bay City Council on policies and expenditure programs to advertise and promoto Morro Bay as a tourist destination point. M O R R O B A Y Our Mission is to function as a response center for Morro V I S I T O R S I N F O R M A T I O N Bay advertising and information requests. Among the visitor- C E N T E R Serving activities, the center is a clearing house for Morro Bay sponsored events. Our staff and volunteers receive in- formation requests and disseminate responses to potential visitors and locals alike over the telephone and through mail. SAN LUIS OBISPO COUNTY Our Mission is to promote the county's economic opportuni- V I S I T O R S AND CONFERENCE ties through its primary industry... tourism. . BUREAU AND F I L M C O M M I S S I O N We invite you to join us and learn more about how we work together to promote and support our community. 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 14, 1997; 5:00 P.M. CLOSED SESSION - APRIL 14, 1997 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 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 PARCELS. A. AL GEORGE PROPERTY: ♦ PROPERTY - VACANT LOT LOCATED ON MAIN STREET, HARBOR STREET, MORRO BAY BLVD. AND MONTEREY STREET. ♦ NEGOTIATING PARTIES - HARBOR DIRECTOR AND/OR CITY ADMINISTRATOR ON BEHALF OF CITY; AL GEORGE ON BEHALF OF THE OWNERS. ♦ NEGOTIATIONS - POSSIBLE PURCHASE. B. NORRIS PROJECT: ♦ PROPERTY - MORRO BAY BLVD., PACIFIC STREET, MARKET STREET AND EMBARCADERO. ♦ NEGOTIATING PARTIES - HARBOR DIRECTOR AND/OR CITY ADMINISTRATOR ON BEHALF OF CITY; JESSE NORRIS. ♦ NEGOTIATIONS - SALE OR ABANDONMENT OF MARKET STREET AND ACQUISITION OF OTHER PROPERTY. CS-3 GOVERNMENT CODE SECTION 54957; PERSONNEL ISSUES ♦ DISCUSSIONS REGARDING PERSONNEL ISSUES INCLUDING TWO (2) PUBLIC EMPLOYEES REGARDING DISCIPLINE/RELEASE/EVALUATION - SPECIFICALLY THE CITY ATTORNEY AND CITY ADMINISTRATOR. A • PUBLIC SESSION - APRIL 14, 1997 VETERANS MEMORIAL HALL - 6:00 P.M. 209 SURF ST., MORRO BAY, CA ESTABLISH QUORUM AND CALL TO ORDER PRAYER PLEDGE OF ALLEGIANCE THOUGHT FOR THE DAY MAYOR AND COUNCILMEMBERS ANNOUNCEMENTS & PRESENTATIONS 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 CITY COUNCIL MEETING OF MARCH 24, 1997 - (BAUER) : APPROVE MINUTES AS SUBMITTED. A-2 RESOLUTION NO. 25-97 APPROVING ASSIGNMENT OF LEASE FOR LEASE SITE 200; (WIXOM CONCRETE TO KAISER MATERIALS) - (ALGERT) RECOMMENDATION: APPROVE RESOLUTION NO. 25-97 APPROVING THE ASSIGNMENT OF LEASE AGREEMENT FOR LEASE SITE 150 FROM WIXOM CONCRETE, INC. TO KAISER SAND AND GRAVEL CORPORATION. A-3 RESOLUTION NO. 26-97 APPROVING NEW LEASE FOR LEASE SITE 34W - (ALGERT) RECOMMENDATION: APPROVE RESOLUTION NO. 26-97 AUTHORIZING THE MAYOR TO EXECUTE A NEW 10-YEAR LEASE AGREEMENT FOR LEASE SITE 34W; (WALTON HERBEL ESTATE). • A-4 RESOLUTION NO. 24-97 RELATING TO SOLID WASTE ADJUSTMENT METHODOLOGY - (NOVAK) RECOMMENDATION: APPROVE RESOLUTION NO. 24-97. A-5 PROCLAMATION DECLARING APRIL 19, 1997 AS "ARBOR DAY" - (LUEKER) RECOMMENDATION: ADOPT PROCLAMATION. A-6 REJECTION OF CLAIM AGAINST THE CITY; JOHNSON - (DAVIS); THIS ITEM HAS BEEN PULLED FROM THE AGENDA. B. PUBLIC HEARINGS. REPORTS & APPEARANCES B-1 STATUS REPORT ON PROPOSED BOAT LAUNCH RAMP GRANT - (ALGERT) RECEIVE PUBLIC HEARING ON PROPOSED SECOND LAUNCH RAMP. B-2 AMENDMENTS TO THE LOCAL COASTAL PROGRAM GENERAL PLAN AND MORRO BAY MUNICIPAL CODE CHAPTER 13.20 (BUILDING LIMITATION) TO IMPLEMENT THE CERTIFIED WATER MANAGEMENT PLAN - (NAUMAN) RECOMMENDATION: CONTINUE THIS PUBLIC HEARING TO THE APRIL 28, 1997 OR MAY 12, 1997 REGULAR CITY COUNCIL MEETING. • C. UNFINISHED BUSINESS - NONE. 0 D. NEW BUSINESS D-1 DISCUSSION ON FORMATION OF AD -HOC COMMITTEE TO PURSUE DOWNTOWN IMPROVEMENTS - (HOWELL) RECOMMENDATION: DISCUSS ISSUES AND DECIDE WHETHER TO FORM AN AD -HOC COMMITTEE TO CONDUCT A STUDY AND MAKE RECOMMENDATIONS FOR BUSINESS DISTRICT IMPROVEMENTS. E. THIS AGENDA IS SURJECI 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 REVISICNS 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 CLRRR'S OFFICE AT LEAST 74 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 - APRIL 14, 1997 CITY HALL CONFERENCE ROOM - 5:00 P.M. Mayor Novak called the meeting to order at 5:00 p.m. PRESENT: Cathy Novak Rodger Anderson Dave Elliott William Peirce Janice Peters STAFF: Dave Howell David Hunt Mayor Councilmember Councilmember Councilmember Councilmember City Administrator City Attorney MOTION: Councilmember Anderson moved the meeting be adjourned to Closed Session. The motion was seconded by Councilmember Elliott and unanimously carried. (5-0) Mayor Novak read the Closed Session statement. CS-1 GOVERNMENT CODE SECTION 54956.9 (A) : CONFERENCE W1TE-JZQAL 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 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 PARCELS. A. AL GEORGE PROPERTY: ♦ PROPERTY - VACANT LOT LOCATED ON MAIN STREET, HARBOR STREET, MORRO BAY BLVD. AND MONTEREY STREET. ♦ NEGOTIATING PARTIES - HARBOR DIRECTOR AND/OR CITY ADMINISTRATOR ON BEHALF OF CITY; AL GEORGE ON BEHALF OF THE OWNERS. ♦ NEGOTIATIONS - POSSIBLE PURCHASE. B. NORRIS PROJECT: ♦ PROPERTY - MORRO BAY BLVD., PACIFIC STREET, MARKET STREET AND EMBARCADERO. ♦ NEGOTIATING PARTIES - HARBOR DIRECTOR AND/OR CITY ADMINISTRATOR ON BEHALF OF CITY; JESSE NORRIS. ♦ NEGOTIATIONS - SALE OR ABANDONMENT OF MARKET STREET AND • ACQUISITION OF OTHER PROPERTY. ♦ DISCUSSIONS REGARDING PERSONNEL ISSUES INCLUDING TWO (2) PUBLIC EMPLOYEES REGARDING DISCIPLINE/RELEASE/EVALUATION - SPECIFICALLY THE CITY ATTORNEY AND CITY ADMINISTRATOR. _ 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 Anderson and unanimously carried. (5-0) The meeting adjourned at 5:55 p.m. MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - APRIL 14, 1997 VETERANS MEMORIAL HALL - 6:00 P.M. • Mayor Novak called the meeting to order at 6:00 p.m. 11 ESTABLISH QUORUM AND CALL TO ORDER INVOCATION PLEDGE OF ALLEGIANCE THOUGHT FOR THE DAY u_• •affa upwW-618i k, we WQ _:. S_'•:_ -�! • J _u �Y _ Friends of the Library presented their building expansion plans to Mayor Novak. Mayor Novak presented Certificates of Appreciation to those who served on City Boards and Commissions. City Attorney David Hunt made a Closed Session Announcement stating Council instructed the City's real property negotiator to communicate to Jesse Norris the City's rejection of his proposed project, and further instructed not to enter into any further negotiations on project. 2 Nanci Smith addressed concerns regarding the City's business activity with outside businesses which negatively affects businesses in Morro Bay. Rich Smith also addressed concerns with the loss of business in town, and suggested the City hire a consultant to attract business to Morro Bay. Chris Bates, resident of Blue Heron Mobilehome Park, addressed opposition to the proposed development for a third level in the park. Warren Dorn announced Morro Bay Beautiful will be holding a mixer on Thursday, April 17th at Dorn's Restaurant. Bernie Melvin stated the City should concentrate on assisting businesses which already exist. Ann Freeman addressed concerns with the realignment of Coleman Drive. She also mentioned Mayor Novak may have a conflict of interest in decisions made on the DenDulk property since John • King made a contribution to her campaign. Lynda Merrill suggested the City consider building a "warm" pool for aquatic/therapeutic purposes by using funds from the business improvement fund. Bill Raflowski addressed the status of the Yerba Buena stoplight. The following people addressed sewer eruption problems on Carmel Street: Laurie Johnson, Suzy Christian, and Mary Mack. Leabah Winter requested Council schedule a special meeting to discuss the DenDulk property issue. Wally McCray announced Arbor Day celebrations will take place on April 19th from 12:30 - 2:00 p.m. at Tidelands Park. Colby Crotzer expressed opposition to synopsis minutes for public meetings. He also addressed concerns with the public meeting scheduled for April 16th which is being held at a church. Mr. Crotzer noted the personnel issues on the Closed Session agenda and recommended for the amount of money being spent on a contract position for attorney services, the City should consider making this a full-time City position. • 3 Nancy Barta stated it was difficult in finding a location for the joint meeting between the Community Promotions Committee/Chamber of Commerce/Visitors & Conference Bureau and the City Council, and St. Timothy's was available with the equipment necessary for this meeting. Steve Mathieu announced the Estero Community Access (ECA) Committee will be meeting on April 15, 1997. He presented a videotape provided by ECA on "Television to Inform the Public" to the City. Harry Rogers expressed opposition to the approved audit on motel bed tax reports. He addressed the Water Management Plan stating water reports should be based on facts, and should not be considered a scarce resource. Charles Palmer stated there is not a shortage of water in the City, however, the management of water is a concern. DECLARATION OF FUTURE AGENDA ITEMS Councilmember Peters requested to agendize discussion of PEG • Access to receive public input on public/education access, and to use the remainder of the taping budget funds to hire a negotiator for the Sonic contract. 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 CITY COUNCIL MEETING OF MARCH 24, 1997 - (BAUER) Mr. Howell recommended Council approve the minutes as submitted. A-2 RESOLUTION NO. 25-97 APPROVING ASSIGNMENT OF LEASE FOR LEASE SITE 200; (WIXOM CONCRETE TO KAISER MATERIALS) - (ALGERT) Mr. Howell recommended Council approve Resolution No. 25-97 approving the Assignment of Lease Agreement for Lease Site 150 from Wixom Concrete, Inc. to Kaiser Sand and Gravel Corporation. is 4 r A-3 RESOLUTION NO. 26-97 APPROVING NEW LEASE FOR LEASE SITE 34W - (ALGERT) Mr. Howell recommended Council approve Resolution No. 26-97 authorizing the Mayor to execute a new 10-Year Lease Agreement for Lease Site 34W; (Walton Herbel Estate). A-4 RESOLUTION NO. 24-97 RELATING TO SOLID WASTE ADJUSTMENT METHODOLOGY - (NOVAK) Mr. Howell recommended Council approve Resolution No. 24-97. A-5 PROCLAMATION DECLARING APRIL 19, 1997 AS "ARBOR DAY" - (LUEKER) Mr. Howell recommended Council adopt the proclamation. A-6 REJECTION OF CLAIM AGAINST THE CITY; JOHNSON - (DAVIS) This item was pulled from the agenda. Councilmember Peters pulled Item A-1 from the Consent Calendar. isMOTION: Councilmember Elliott moved the City Council approve Items A-2, A-3, A-4 and A-5 of the Consent Calendar. The motion was seconded by Councilmember Anderson and unanimously carried. (5-0) A-1 APPROVAL OF MINUTES FOR THE REGULAR CITY COUNCIL MEETING OF MARCH 24, 1997 - (BAUER) Councilmember Peters requested a correction be made to page 5, paragraph 10, stating the fee is $6.72/year not per month. MOTION: Councilmember Peters moved the City Council approve Item A-1 of the Consent Calendar as amended. The motion was seconded by Councilmember Anderson and unanimously carried. (5-0) is m B-1 STATUS REPORT ON PROPOSED BOAT LAUNCH RAMP GRANT - (ALGERT) Harbor Director Rick Algert reviewed the status of the proposed boat launch ramp located at the northernmost portion of Coleman Drive. He stated he met with the Department of Boating and Waterways (DBW) regarding possible changes to the project site plan, and their response is they are firm that the project must conform to their current design guidelines as submitted. Mr. Algert recommended the City Council: 1) direct staff not to proceed with work on the proposed second boat launch ramp in the area of Morro Rock. State funding for the grant will lapse on June 30, 1997, and the City's previous grant application will be withdrawn from the DBW grant consideration list; and 2) establish a 3-5 person ad -hoc committee to review the potential to improve facilities at the existing Tidelands Park boat launch ramp and other potential sites for a second boat launch ramp in Morro Bay harbor. The committee should be directed to report back to the City Council on results of this review within 90 days of the first committee meeting. Mayor Novak opened the hearing for public comment. The following people spoke in support of a boat launch ramp in the northernmost portion of Coleman Drive: Bill Meyer and Dan Dorn. The following people spoke in opposition of a boat launch ramp in the northernmost portion of Coleman Drive: Nancy Bast, Dorothy Cutter, Don Lockwood, George Taylor, Bernie Melvin, Donna Lawrence, Lynda Merrill, Judy Graham, John Birch, Bill • Raflowski, Joe Giannini, Nancy Castle, and Jim Wood. Warren Dorn stated South Street should be extended through to the Embarcadero for proper access. Harry Rogers expressed support for a boat launch ramp that is designed for smaller boats. Wally McCray recommended looking at different versions of ramps to launch boats. Charles Palmer recommended using a crane at the t-pier to launch small boats. Steve Mathieu stated the launch ramp rally was filmed by Estero Community Access. MOTION: Mayor Novak moved the City Council direct staff not to proceed with work on the proposed second boat launch ramp in the area of Morro Rock; and also directed staff to establish an ad -hoc committee consisting of one member from the Planning Commission, Harbor Advisory Board, Public Works Advisory Board, Recreation & Parks Commission, and a commercial fisherman to review the potential to improve 3 facilities at the existing Tidelands Park boat launch ramp and other potential sites for a second boat ±auimh ramp access facility in Morro Bay harbor. The committee should be directed to report back to the City Council on results of this review within 90 days of the first committee meeting. The motion was seconded by Councilmember Peters and unanimously carried. (5-0) Mayor Novak called for a break at 9:00 p.m.; the meeting resumed at 9:15 p.m. B-2 AMENDMENTS TO THE LOCAL COASTAL PROGRAM GENERAL PLAN AND MORRO BAY MUNICIPAL CODE CHAPTER 13.20 (BUILDING LIMITATION) TO IMPLEMENT THE CERTIFIED WATER MANAGEMENT PLAN - (NAUMAN) Staff recommended this public hearing be continued to the April 28, 1997 or May 12, 1997 City Council meeting. Mayor Novak opened the hearing for public comment. John Barta, Vice Chairman of the Planning Commission, requested • Council continue this item to the May 12, 1997 City Council meeting. Colby Crotzer addressed a possible Brown Act violation in the last paragraph of this staff report. MOTION: Mayor Novak moved the City Council continue this public hearing to the April 28, 1997 City Council meeting. The motion was seconded by Councilmember Peters and unanimously carried. (5-0) C. UNFINISHED BUSINESS - None. D. NEW BUSINESS D-1 DISCUSSION ON FORMATION OF AD -HOC COMMITTEE TO PURSUE DOWNTOWN IMPROVEMENTS - (HOWELL) John Zaver, Chairman of the Economic Vitality Committee (EVC), addressed Council regarding accomplishments made by the EVC to assist in bringing back a tax -base to the City. Council requested the EVC review options for improvements to the business district along with available funding, and report back to City Council on May 12, 1997. 0 7 The meeting adjourned at 10:04 p.m. Recorded by: Bridgett Bauer City Clerk • • a • I* City of Morro Bay City Council Agenda Mission Statement The City of Mono Bay is dedicated to the preservation and enhancement of the quality of life. The City shall be committed to this purpose and will provide a level of municipal service and safety consistent with and responsive to the needs of the public. REGULAR MEETING - MARCH 24, 1997; 5:00 P.M. VETERANS MEMORIAL HALL - 6:00 P.M. 209 SURF ST., MORRO BAY, CA ESTABLISH QUORUM AND CALL TO ORDER PRAYER PLEDGE OF ALLEGIANCE THOUGHT FOR THE DAY MAYOR AND COUNCILMEMBERS ANNOUNCEMENTS & PRESENTATIONS 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 Minutes for the Regular City Council Meetings of February 24, 1997 and March 10, 1997 (BAUER) RECOMMENDATION: APPROVE AS SUBMITTED. A-2 Statements of Cash and Investments - February 1997 (KOSER) : ACCEPT REPORT. A-3 Expenditure Reports - February 1997 (KOSER) RECOMMENDATION: APPROVE REPORT. A-4 Quarterly Sales Tax Report for July -September, 1997 (KOSER) • RECOMMENDATION: RECEIVE REPORT. A-5 Resolution Amending Harbor Department Rules and Regulations to Provide Operating Rules for New Side Tie -Dock at Tidelands Park (ALGERT) THIS ITEM HAS BEEN PULLED FROM THE AGENDA A-6 Claim Rejection Against the City; Bunker (DAVIS) : REJECT CLAIM. A-7 Proclamation Acknowledging Funds Raised by Foundation for San Luis Obispo County Public Libraries (BAUER) RECOMMENDATION: ADOPT PROCLAMATION. A-8 Proclamation Urging Local Post Office Branches to Fly the Nationally Recognized POW/MIA Flags (BAUER) : ADOPT PROCLAMATION. A-9 Proclamation Declaring April 1997 as "Month of the Child" (BAUER) • RECOMMENDATION: ADOPT PROCLAMATION. A-10 Proclamation Declaring April 1997 as "Teen Pregnancy Prevention Month" (BAUER) A-11 Resolution No. 22-97 Approving Air Pollution Control District Grant Application for Trolley . ADOPT RESOLUTION NO. 22-97. B. PUBLIC HEARINGS. REPORTS & APPEARANCES B-1 Consideration of Adopting Parking Time Limits (LOVEN) RECOMMENDATION: REVIEW REPORT, ACCEPT PUBLIC INPUT, AND PROVIDE DIRECTION TO STAFF. B-2 Consideration of Morro Bay Public, Educational and Government Access Plan (BOUCHER) RECOMMENDATION: APPROVE RESOLUTION NO. 21-97 ADOPTING MORRO BAY PEG ACCESS PLAN; SELECT NON-PROFIT MANAGEMENT OPTION FOR PUBLIC AND EDUCATIONAL ACCESS; SELECT CITY ACCESS POLICY AGENCY OPTION FOR GOVERNMENT ACCESS; AND AUTHORIZE STAFF TO • DEVELOP AN RFP FOR SELECTION OF A NON-PROFIT ORGANIZATION FOR PUBLIC AND EDUCATIONAL ACCESS AND RETURN TO COUNCIL FOR APPROVAL TO DISSEMINATE THE RFP. 3-3 Consideration of Time Extension of Ordinance No. 457; Adult • Business Regulations (NAUMAN) RECOMMENDATION: ADOPT ORDINANCE NO. 458, FIRST TIME EXTENSION OF ORDINANCE NO. 457; ADULT BUSINESS REGULATIONS, AS AN URGENCY ORDINANCE BY 4/5TH VOTE OF THE COUNCIL. C. UNFINISHED BUSINESS C-1 Consideration of Options for Replacement of Firefighter Position (HOWELL) RECOMMENDATION: REPLACEMENT OF THIS POSITION BE GIVEN HIGH PRIORITY AND BE INCLUDED IN THE 1997/98 ANNUAL BUDGET. D. NEW BUSINESS D-1 Consideration of Funding Request by Morro Bay Natural History Museum (HOWELL) RECOMMENDATION: REVIEW REQUEST AND DECIDE WHETHER OR NOT TO PROVIDE FUNDING PRIOR TO BUDGET CYCLE. D-2 Consideration of Contract for Transient Occupancy Tax Audit Services (KOSER) RECOMMENDATION: AUTHORIZE THE CITY ADMINISTRATOR TO EXECUTE • CONTRACT WITH MUNICIPAL RESOURCE CONSULTANTS TO PERFORM AUDIT. E. ADJOURNMENT THIS AGENDA IS SUBJECT TO AMENDMENT UP TO 72 HOURS PRIOR TO THE DATE AND TIME SET FOR THE MEETING. PLEASE REFER TO THE AGENDA POSTED AT CITY HALL FOR ANY REVISIONS OR CALL THE CLERK'S OFFICE AT 772-6200 FOR FURTHER INFORMATION. COPIES OF STAFF REPORTS OR OTHER PUBLIC DOCUMENTATION RELATING TO EACH ITEM OF BUSINESS REFERRED TO ON THIS AGENDA ARE ON FILE IN THE OFFICE OF THE CITY CLERK AND AVAILABLE FOR PUBLIC INSPECTION AND REPRODUCTION AT COST AT CITY HALL, LIBRARY, AND MILLS STATIONERY. IN COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT, IF YOU NEED SPECIAL ASSISTANCE TO PARTICIPATE IN A CITY MEETING, PLEASE CONTACT THE CITY CLERK'S OFFICE AT LEAST 24 HOURS PRIOR TO THE MEETING TO INSURE THAT REASONABLE ARRANGEMENTS CAN BE MADE TO PROVIDE ACCESSIBILITY TO THE MEETING. • • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - MARCH 24, 1997 VETERANS MEMORIAL HALL - 6:00 P.M. Mayor Novak called the meeting to order at 6:00 p.m. PRESENT: Cathy Novak Mayor Rodger Anderson Councilmember Dave Elliott Councilmember William Peirce Councilmember Janice Peters Councilmember ABSENT: None STAFF: Dave Howell City Administrator David Hunt City Attorney Bridgett Bauer City Clerk Bill Boucher Public Works Director Janeen Burlingame Administrative Assistant Jeff Jones Fire Chief Jim Koser Finance Director Joe Loven Police Chief Andrea Lueker Recreation & Parks Director • Invocation presented by Pastor Randy Nash of Los Osos Christian Fellowship. Bill Olson led the Pledge of Allegiance. Mayor Novak shared a "Thought for the Day" MAYOR'S REPORTS & ANNOUNCEMENTS Mayor Novak and Chief Loven introduced John Wood, District Commissioner for the Boy Scouts of America, who presented a Charter to the Morro Bay Police Explorer Program. MOTION: Councilmember Peters moved the City Council approve Consent Calendar Items A-7, A-9, and A-10. The motion was seconded by Councilmember Anderson and unanimously carried. (5-0) Mayor Novak presented proclamations to the Morro Bay Kid's Club declaring April 1997 as "Month of the Child"; Jessica Westerfield of EOC declaring April 1997 as "Teen Pregnancy Prevention Month"; and to Members of the Foundation for San Luis Obispo County Public Libraries acknowledging funds raised for the foundation. MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - MARCH 24, 1997 PAGE 2 • PUBLIC COMMENT Colby Crotzer addressed the minutes of February 24, 1997 (Item B- 1) stating the minutes do not summarize the true tenor of this public hearing item. Rosalie Valvo addressed Item D-1 (Consideration of Funding Request by Morro Bay Natural History Museum) and encouraged Council support in assisting in the funding of this renovation project. Nelson Sullivan also encouraged Council support on Item D-1, and also addressed allowances made for the Cloister Project. Ed Ewing addressed parking in -lieu fee allowances made for the Marina Square Project. Meredith Bates made a point of clarification on a statement made at a panel discussion in San Luis Obispo on Friday referring to Estero Community Access. Mary Phillips stated she usually uses 1-2 units of water per month and resents the fact she pays for up to 3 units; she referred to a comment she made at the February 24, 1997 Council • meeting (Item B-1) stating she did not speak for or against prayer at Council meetings; she also referred to a package of information she sent to Washington, D.C. in support of harbor funding. Lynda Merrill addressed synopsis minutes stating they eliminate reasons why people speak out and requested Council reinstate verbatim minutes. Harry Rogers addressed the importance of the City's infrastructure and capital improvement projects. DECLARATION OF FUTURE AGENDA ITEMS Councilmember Peters requested discussion on parking in -lieu fees and payment plan. A. CONSENT CALENDAR Unless an item is pulled for separate action by the City Council, the following actions are approved without discussion. A-1 MINUTES FOR THE REGULAR CITY COUNCIL MEETINGS OF FEBRUARY 24, 1997 AND MARCH 10, 1997 (BAUER) A-2 STATEMENTS OF CASH AND INVESTMENTS - FEBRUARY 1997 (KOSER) • A-3 EXPENDITURE REPORTS - FEBRUARY 1997 (KOSER) MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - MARCH 24, 1997 PAGE 3 • A-4 QUARTERLY SALES TAX REPORT FOR JULY-SEPTEMBER, 1997 (KOSER) A-5 RESOLUTION AMENDING HARBOR DEPARTMENT RULES AND REGULATIONS TO PROVIDE OPERATING RULES FOR NEW SIDE TIE -DOCK AT TIDELANDS PARK (ALGERT) - This item was pulled from the agenda. A-6 CLAIM REJECTION AGAINST THE CITY; BUNKER (DAVIS) A-7 PROCLAMATION ACKNOWLEDGING FUNDS RAISED BY FOUNDATION FOR SAN LUIS OBISPO COUNTY PUBLIC LIBRARIES (BAUER) A-8 PROCLAMATION URGING LOCAL POST OFFICE BRANCHES TO FLY THE NATIONALLY RECOGNIZED POW/MIA FLAGS (BAUER) A-9 PROCLAMATION DECLARING APRIL 1997 AS "MONTH OF THE CHILD" (BAUER) A-10 PROCLAMATION DECLARING APRIL 1997 AS "TEEN PREGNANCY PREVENTION MONTH" (BAUER) A-11 RESOLUTION NO. 22-97 APPROVING AIR POLLUTION CONTROL DISTRICT GRANT APPLICATION FOR TROLLEY is Councilmember Peters pulled Item A-1 from the Consent Calendar. MOTION: Councilmember Peters moved the City Council approve Items A-2, A-3, A-4, A-6, A-8, and A-11 on the Consent Calendar. The motion was seconded by Councilmember Elliott and unanimously carried. (5-0) A-1 MINUTES FOR THE REGULAR CITY COUNCIL MEETINGS OF FEBRUARY 24, 1997 AND MARCH 10, 1997 (BAUER) Councilmember Peters addressed the minutes of February 24, 1997 (Item B-1/Page 5) stating the last paragraph should say Those who spoke in opposition to prayer or in favor of Moment in Silence at Council meetings; 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 Anderson and unanimously carried. (5-0) • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - MARCH 24, 1997 PAGE 4 • B. PUBLIC HEARINGS. REPORTS & APPEARANCES B-1 CONSIDERATION OF ADOPTING PARKING TIME LIMITS (LOVEN) Police Chief Joe Loven reviewed the issue of establishing parking time limits on the Embarcadero stating the voluntary compliance request of the merchants to have their employees park off of the Embarcadero has made little or no impact on the number of employee vehicles parking on the Embarcadero, thus taking up spaces that could be used by customers. Chief Loven noted Council may wish to move ahead with establishing parking time limits that the Police Department can enforce through parking citations. Mayor Novak opened the hearing for public comment. The following people spoke in opposition to parking time limits being imposed on the Embarcadero: Ed Ewing, Ralph Gunther, Mike DeGarimore, Colby Crotzer, Jim Wood, JoAnn Cann, and Harry Rogers. Mary Phillips addressed the lack of handicap parking locations available on the Embarcadero. Mayor Novak closed the hearing for public comment. • After Council discussion, the consensus of the City Council was to maintain parking "as is" on the Embarcadero. Mayor Novak called for a break at 7:30 p.m.; the meeting resumed at 7:50 p.m. B-2 CONSIDERATION OF MORRO BAY PUBLIC, EDUCATIONAL AND GOVERNMENT ACCESS PLAN (BOUCHER) Administrative Assistant Janeen Burlingame reviewed the Consortium for Community Media Executive Summary, the report on Management Options for Public, Educational and Government (PEG) Access, and the Morro Bay PEG Access Plan. She recommended the following: 1. Approve Resolution No. 21-97 adopting the Morro Bay PEG Access Plan; 2. Select the non-profit management option for public and educational access; 3. Select the City Access Policy Agency option for government access; and 4. Authorize staff to develop a Request for Proposal (RFP) for selection of a non-profit organization for public and educational access, and return to Council for approval to disseminate the RFP. • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - MARCH 24, 1997 PAGE 5 • Mayor Novak opened the hearing for public comment. Steve Mathieu, Founder of Channel 54, was allowed 10 minutes to make a presentation to Council regarding Morro Bay PEG Access. Shoosh Crotzer expressed the importance of not segregating public, education and government access; she supports the selection of a non-profit organization to manage this plan. Don Shear, SLOCO Access, expressed support to the Consortium for Community Media and addressed ADA requirements such as Closed Caption viewing. Meredith Bates expressed frustration with the lack of funding for this plan. Leabah Winter stated the community should be more informed on PEG Access. She addressed the monopoly that has been undertaken by Sonic Cable. John Barta urged Council to act carefully on this issue stating it is a multi -million dollar decision. He stated the public and government access should be managed separately. Grace Melton stated the City may not be able to afford the cost • of PEG Access and urged Council to look at all the options carefully. Nelson Sullivan stated the City should avail itself to a good consultant regarding this issue. Wallace McCray stated $6.72/menth year is well worth the ability to view Channel 54. Nancy Castle reviewed other communities' PEG Access programs. She urged Council review the proposed plan carefully. Colby Crotzer stated the government should not have control of PEG Access; it should be managed by a non-profit organization. Ellen Sturtz, Coordinator for Consortium for Community Media, urged Council review this plan carefully. She clarified the separate line fee would go specifically for equipment. Mary Phillips recognized Steve Mathieu for his efforts in bringing PEG Access to Morro Bay and urged Council to allow the City to come to the forefront of this plan. Pat Renshaw requested Council support in allowing the City to come to the forefront of PEG Access. • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - MARCH 24, 1997 PAGE 6 • Paul Tweed Jr. stated Channel 54 allows a free flow of information to form a better democracy and deserves Council support. Mayor Novak closed the hearing for public comment. After Council discussion, Council consensus was to table this item until further review and public input is received. B-3 CONSIDERATION OF TIME EXTENSION OF ORDINANCE NO. 457; ADULT BUSINESS REGULATIONS (NAUMAN) City Administrator Dave Howell introduced and recommended approval of Ordinance No. 458 which allows for an extension of Ordinance No. 457, the interim ordinance prohibiting the establishment of adult entertainment businesses in the City of Morro Bay for 10 months and 15 days (February 11, 1998). Mayor Novak opened the hearing for public comment; there were no comments and the public hearing was closed. MOTION: Councilmember Anderson moved the City Council approve Ordinance No. 458 which allows for an extension of Ordinance No. 457, the interim ordinance prohibiting • the establishment of adult entertainment businesses in the City of Morro Bay for 10 months and 15 days (February 11, 1998). The motion was seconded by Councilmember Elliott and unanimously carried. (5-0) Mayor Novak called for a break at 10:05 p.m.; the meeting resumed at 10:15 p.m. Mayor Novak requested to take the agenda out of order in order to hear Item D-1 next; Council concurred. D-1 CONSIDERATION OF FUNDING REQUEST BY MORRO BAY NATURAL HISTORY MUSEUM (HOWELL) City Administrator Dave Howell reviewed the request from members of the Morro Bay Natural History Museum for funding to assist in the remodel project. He noted $1,000 has been budgeted for this project and requested Council's direction whether to provide funding prior to the budget cycle. MOTION: Councilmember Peirce moved the City Council approve the funding for the Morro Bay Natural History Museum renovation project in the amount of $1,000. The motion was seconded by Councilmember Peters and unanimously carried. (5-0) • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - MARCH 24, 1997 PAGE 7 • C. UNFINISHED BUSINESS C-1 CONSIDERATION OF OPTIONS FOR REPLACEMENT OF FIREFIGHTER POSITION (HOWELL) City Administrator Dave Howell stated the Fire Department's traditional staffing level is down one firefighter position due to the resignation of a firefighter in 1993 during a hiring freeze. He reviewed the funding impacts to fill this vacant position which would be approximately $15,000 for the remainder of this year, $58,000 next year increasing to $70,000 in six years. Mr. Howell recommended the replacement of this position be given high priority and be included in the 1997/98 annual budget. MOTION: Councilmember Anderson moved the City Council approve the funding to fill the vacant firefighter position, and to fill the position by May 1, 1997. The motion was seconded by Councilmember Elliott and unanimously carried. (5-0) D. NEW BUSINESS D-2 CONSIDERATION OF CONTRACT FOR TRANSIENT OCCUPANCY TAX AUDIT • SERVICES (KOSER) Finance Director Jim Koser stated it has been several years since an audit has been performed on the City's Transient Occupancy Tax (TOT) revenues. He recommended Council authorize the City Administrator to execute a contract with Municipal Resource Consultants to perform an audit to determine compliance with the City's TOT ordinance among hotel and motel operators within the City. MOTION: Councilmember Elliott moved the City Council authorize the City Administrator to execute a contract with Municipal Resource Consultants to perform an audit to determine compliance with the City's TOT ordinance among hotel and motel operators within the City. The motion was seconded by Councilmember Peters and unanimously carried. (5-0) F. ADJOURNMENT The meeting adjourned at 10:57 p.m. Recorded by: b r:Ld ett Ba -r 1) / • Bridgett Bauer City Clerk City of Morro Bay a City Council Mission Statement The City of Mono Bay is dedicated to the preservation and enhancement of the quality of lift. The City shall be committed to this purpose and will provide a level of municipal service and safety consistent with and responsive to the needs of the public. REGULAR MEETING - MARCH 10, 1997; 5:00 P.M. i CLOSED SESSION - MARCH 10, 1997 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 ♦ KIRTLEY V. CITY OF MORRO BAY, SAN LUIS OBISPO SUPERIOR COURT CASE NO. CV 077510. • PUBLIC SESSION - MARCH 10, 1997 VETERANS MEMORIAL HALL - 6:00 P.M. 209 SURF ST., MORRO BAY, CA ESTABLISH QUORUM AND CALL TO ORDER PRAYER PLEDGE OF ALLEGIANCE THOUGHT FOR THE DAY MAYOR AND COUNCILMEMBERS ANNOUNCEMENTS & PRESENTATIONS 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 MINUTES FOR THE REGULAR CITY COUNCIL MEETING OF FEBRUARY 10, 1997 (BAUER) : APPROVE MINUTES AS SUBMITTED. A-2 REPORT ON LOCAL TRANSPORTATION FUND (TDA) AUDIT FOR FISCAL YEAR 1995/96 MOSER) APPROVE THE AUDIT REPORT. A-3 REPORT ON MORRO BAY/CAYUCOS JOINT POWERS AUTHORITY AUDIT FOR FISCAL YEAR 1994/95 (KOSER) : APPROVE THE AUDIT REPORT. A-4 RESOLUTION NO. 20-97 SUPPORTING INITIATION OF A ACOE FEASIBILITY STUDY ON PRESERVING AND RESTORING THE MORRO BAY ESTUARY (ALGERT) RECOMMENDATION: APPROVE RESOLUTION NO. 20-97 AUTHORIZING THE • MAYOR TO EXECUTE THE LETTER REQUESTING INITIATION OF FEASIBILITY STUDY ON MORRO BAY HABITAT RESTORATION. A-5 REJECTION OF CLAIM AGAINST THE CITY; CHARF - (DAVIS) REJECT CLAIM. A-6 REJECTION OF CLAIM AGAINST THE CITY; GEORGE/RICHARDSON - (DAVIS) : REJECT CLAIMS. A-7 PROCLAMATION DECLARING MARCH 20, 1997 AS "ABSOLUTELY INCREDIBLE KID DAY" - (BAUER) RECOMMENDATION: APOPT PROCLAMATION. A-8 PROCLAMATION DECLARING MARCH 1997 AS "ARTS EDUCATION MONTH" - (BAUER) : APOPT PROCLAMATION A-9 AMICUS REQUEST BY THE CITY OF CARLSBAD TO JOIN WITH RESPECT TO SAN DIEGO GAS AND ELECTRIC V. CITY OF CARLSBAD - (HUNT) RECOMMENDATION: AUTHORIZE THE OFFICE OF THE CITY ATTORNEY TO • TRANSMIT THE CITY OF MORRO BAY'S SUPPORT OF THE CITY OF CARLSBAD IN THIS MATTER AND TO JOIN AS AMICUS IN THE BRIEF. • B. PUBLIC HEARINGS. REPORTS & APPEARANCES B-1 REVIEW OF 1996 TROLLEY PERFORMANCE AND CONSIDERATION OF TROLLEY OPERATION FOR 1997 SEASON - (BOUCHER) RECOMMENDATION: ACCEPT THE 1996 TROLLEY SEASON PERFORMANCE REPORT AND APPROVE THE TROLLEY AD HOC COMMITTEE AND STAFF RECOMMENDATIONS FOR 1997. B-2 RESOLUTION NO. 19-97 ADOPTING MASTER FEE SCHEDULE FOR FISCAL YEAR 1997/98 - (KOSER) RECOMMENDATION: APPROVE RESOLUTION NO. 19-97 ADOPTING THE FISCAL YEAR 1997/98 MASTER FEE SCHEDULE. C. UNFINISHED BUSINESS C-1 CONSIDERATION OF FUNDING FOR FIREFIGHTER POSITION IN FISCAL YEAR 1997/98 - (KOSER) : THIS ITEM HAS BEEN PULLED FROM THE AGENDA. D. NEW BUSINESS • D-1 REVIEW OF TWO PRIVATELY INITIATED REZONE REQUESTS: 1) BLOCK BOUNDED BY OLIVE, ANCHOR AND MAIN STREETS (C-VS/R-2 TO R-2); AND 2) SOUTHEAST CORNER OF NORTH MAIN STREET AND HILL STREET TO ACCOMMODATE AN RV PARK - (NAUMAN) RECOMMENDATION: 1) AUTHORIZE STAFF TO PROCESS TWO PRIVATELY INITIATED AMENDMENT REQUESTS AS ONE OF THE CITY'S THREE ALLOWED LCP AMENDMENTS FOR 1997; AND 2) DIRECT STAFF TO SEND OUT A REQUEST FOR PROPOSAL TO SELECT A PROFESSIONAL CONSULTANT TO PROCESS THE AMENDMENTS UNDER STAFF DIRECTION. D-2 CONSIDERATION TO ADOPT ACTION MINUTES FOR COUNCIL/ COMMISSIONS/ADVISORY BOARDS - (HOWELL) RECOMMENDATION: ADOPT POLICY TO REQUIRE SYNOPSIS MINUTES FOR CITY COUNCIL, COMMISSIONS, AND ADVISORY BOARDS. D-3 SET DATE FOR JOINT MEETING WITH COMMUNITY PROMOTIONS COMMITTEE - (HOWELL) RECOMMENDATION: RECEIVE REQUEST FROM COMMUNITY PROMOTIONS COMMITTEE AND SET DATE FOR THEIR PRESENTATION; (SUGGESTED DATE - APRIL 16, 1997). • D-4 RESOLUTION NO. 18-97 AUTHORIZING TEMPORARY USE OF COMMUNITY CENTER RESERVES TO UPGRADE RECREATION DEPARTMENT COMPUTER SYSTEM - MOSER) RECOMMENDATION: APPROVE RESOLUTION NO. 18-97 AUTHORIZING THE APPROPRIATION OF EXISTING FUNDING IN THE GENERAL FUND'S RESERVE FOR COMMUNITY CENTER MAINTENANCE. D-5 REQUEST FOR AGENDA TIME TO DISCUSS THE CITY SECTION OF THE STATE WATER PIPELINE PROJECT - (COUNCIL) RECOMMENDATION: DIRECT STAFF TO AGENDIZE FOR DISCUSSION. D-6 ISSUANCE OF WRITTEN REPORT DESCRIBING MEASURES TO ALLEVIATE THE CONDITION WHICH LED TO THE ADOPTION OF INTERIM ORDINANCE NO. 457 PROHIBITING ADULT ENTERTAINMENT BUSINESSES IN MORRO BAY - (NAUMAN) RECOMMENDATION: ISSUE THE WRITTEN REPORT DESCRIBING THE MEASURES TAKEN TO ALLEVIATE THE CONDITION WHICH LED TO THE ADOPTION OF ORDINANCE NO. 457, AN INTERIM ORDINANCE PROHIBITING THE ESTABLISHMENT OF ADULT ENTERTAINMENT BUSINESSES IN MORRO BAY. • 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. r 1 U • • • MINUTES - MORRO BAY CITY COUNCIL CLOSED SESSION - MARCH 10, 1997 CITY HALL CONFERENCE ROOM - 5:00 P.M. Mayor Novak called the meeting to order at 5:00 p.m. PRESENT: ABSENT: STAFF CLOSED SESSION Cathy Novak Rodger Anderson Dave Elliott William Peirce Janice Peters None Dave Howell David Hunt Mayor Councilmember Councilmember Councilmember Councilmember City Administrator City Attorney MOTION: Councilmember Peters moved the meeting be adjourned to Closed Session. The motion was seconded by Councilmember Peirce and unanimously carried. (5-0) Mayor Novak read the Closed Session statement. CS-1 GOVERNMENT CODE SECTION 54956.9(A); CONFERENCE WITH LEGAL COUNSEL REGARDING PENDING LITIGATION ♦ KIRTLEY V. CITY OF MORRO BAY, SAN LUIS OBISPO SUPERIOR COURT CASE NO. CV 077510. The meeting adjourned to Closed Session at 5:00 p.m. and returned to regular session at 5:45 p.m. MOTION: Councilmember Elliott moved the meeting be adjourned. The motion was seconded by Councilmember Peirce and unanimously carried. (5-0) The meeting adjourned at 5:45 p.m. • • • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - MARCH 10, 1997 PAGE 2 Mayor Novak called the meeting to order at 6:00 p.m. PRESENT: Cathy Novak Rodger Anderson Dave Elliott William Peirce Janice Peters ABSENT: None STAFF: Dave Howell Philip Sinco Rick Algert Bridgett Bauer Bill Boucher Janeen Burlingame Jeff Jones Jim Koser Shauna Nauman Mayor Councilmember Councilmember Councilmember Councilmember City Administrator Assistant City Attorney Harbor Director City Clerk Public Works Director Administrative Assistant Fire Chief Finance Director Acting Planning Director Invocation presented by Pastor Dale Paulson, MB Presbyterian Church. Paul Twedt led the Pledge of Allegiance. Mayor Novak shared a "Thought for the Day". MAYOR'S REPORTS & ANNOUNCEMENTS PUBLIC COMMENT Chris Giff spoke in support of Item D-1 (Review of Two Privately Initiated Rezone Requests). The following people expressed opposition to Item D-2 (Consideration to Adopt Action Minutes for Council/Commissions/ Advisory Boards): Mary Phillips, Colby Crotzer, and John Barta. Betty Forsythe invited the City Council to the Open House on March 18th for San Luis Obispo Public Libraries. Wally McCray invited the public to attend the City's Easter Parade. Harry Rogers expressed support in maintaining the 65 mph speed limit on Highway One between Morro Bay and San Luis Obispo. Charlie Palmer expressed support for Council action regarding to the median along Highway One in Morro Bay. MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - MARCH 10, 1997 PAGE 3 • DECLARATION OF FUTURE AGENDA ITEMS Councilmember Peirce requested agenda time to discuss the concept of creating an ah-hoc committee for downtown improvements. Councilmember Peters requested agenda time to discuss alternative sources of prayer during the invocation of Council meetings; and also agenda time to discuss in -lieu parking fees and the implementation of time table schedules. A. CONSENT CALENDAR Unless an item is pulled for separate action by the City Council, the following actions are approved without discussion. A-1 MINUTES FOR THE REGULAR CITY COUNCIL MEETING OF FEBRUARY 10, 1997 (BAUER) Mr. Howell recommended Council approve the minutes as submitted. A-2 REPORT ON LOCAL TRANSPORTATION FUND (TDA) AUDIT FOR FISCAL YEAR 1995/96 (KOSER) Mr. Howell recommended Council approve the audit report. A-3 REPORT ON MORRO BAY/CAYUCOS JOINT POWERS AUTHORITY AUDIT FOR • FISCAL YEAR 1994/95 (KOSER) Mr. Howell recommended Council approve the audit report. A-4 RESOLUTION NO. 20-97 SUPPORTING INITIATION OF A ACOE FEASIBILITY STUDY ON PRESERVING AND RESTORING THE MORRO BAY ESTUARY (ALGERT) Mr. Howell recommended Council approve Resolution No. 20-97 authorizing the Mayor execute the letter requesting initiation of a feasibility study on the Morro Bay Habitat Restoration. A-5 REJECTION OF CLAIM AGAINST THE CITY; CHARF - (DAVIS) Mr. Howell recommended Council reject the claim. A-6 REJECTION OF CLAIM AGAINST THE CITY; GEORGE/RICHARDSON - (DAVIS) Mr. Howell recommended Council reject the claims. A-7 PROCLAMATION DECLARING MARCH 20, 1997 AS "ABSOLUTELY INCREDIBLE KID DAY" - (BAUER) • Mr. Howell recommended Council adopt the proclamation. MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - MARCH 10, 1997 PAGE 4 • A-8 PROCLAMATION DECLARING MARCH 1997 AS "ARTS EDUCATION MONTH" - (BAUER) Mr. Howell recommended Council adopt the proclamation A-9 AMICUS REQUEST BY THE CITY OF CARLSBAD TO JOIN WITH RESPECT TO SAN DIEGO GAS AND ELECTRIC V. CITY OF CARLSBAD - (HUNT) Mr. Howell recommended Council authorize the City Attorney to transmit the City of Morro Bay's support of the City of Carlsbad in this matter and to join as amicus in the brief. Councilmember Peirce pulled Item A-1 from the Consent Calendar. MOTION: Councilmember Peters moved the City Council approve the Consent Calendar with the exception of Item A-1. The motion was seconded by Councilmember Elliott and unanimously carried. (5-0) A-1 MINUTES FOR THE REGULAR CITY COUNCIL MEETING OF FEBRUARY 10, 1997 (BAUER) Councilmember Peirce made an amendment to page 3 of the February loth minutes under Declaration of Future Agenda Items. • MOTION: Councilmember Peirce moved the City Council approve Item A-1 as amended. The motion was seconded by Councilmember Anderson and unanimously carried. (5-0) B. PUBLIC HEARINGS. REPORTS & APPEARANCES B-1 REVIEW OF 1996 TROLLEY PERFORMANCE AND CONSIDERATION OF TROLLEY OPERATION FOR 1997 SEASON - (BOUCHER) Administrative Assistant Janeen Burlingame reviewed the 1996 Trolley Performance Report and the Trolley Committee recommendations for the 1997 season. She recommended the City Council accept the 1996 Trolley Season Performance Report and approve the Trolley Ad Hoc Committee and staff recommendations for 1997. Mayor Novak opened the hearing for public comment. The following people addressed Council with questions and expressed support for the trolley program: Suedene Walker, Lynda Merrill, Margaret Mangini, Mary Phillips, Charlie Palmer, and Harry Rogers. Mayor Novak closed the hearing for public comment. • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - MARCH 10, 1997 PAGE 5 • MOTION: Councilmember Peirce moved the City Council accept the 1996 Trolley Season Performance Report and approve the Trolley Ad Hoc Committee and staff recommendations for 1997. The motion was seconded by Councilmember Elliott and unanimously carried. (5-0) B-2 RESOLUTION NO. 19-97 ADOPTING MASTER FEE SCHEDULE FOR FISCAL YEAR 1997/98 - (KOSER) Finance Director Jim Koser reviewed the proposed Master Fee Schedule for Fiscal Year 1997/98 and recommended its adoption by approval of Resolution No. 19-97. Mayor Novak opened the hearing for public comment. The following people addressed the proposed fee schedule: John Barta, Ann Patton, Harry Rogers, and Lynda Merrill. MOTION: Councilmember Elliott moved the City Council approve Resolution No. 19-97 adopting the Master Fee Schedule for Fiscal Year 1997/98 with Consumer Price Index increases only. The motion was seconded by Councilmember Anderson and unanimously carried. (5-0) C. UNFINISHED BUSINESS • C-1 CONSIDERATION OF FUNDING FOR FIREFIGHTER POSITION IN FISCAL YEAR 1997/98 - (KOSER) This item was pulled from the agenda. D. NEW BUSINESS D-1 REVIEW OF TWO PRIVATELY INITIATED REZONE REQUESTS: 1) BLOCK BOUNDED BY OLIVE, ANCHOR AND MAIN STREETS (C-VS/R-2 TO R-2); AND 2) SOUTHEAST CORNER OF NORTH MAIN STREET AND HILL STREET TO ACCOMMODATE AN RV PARK - (NAUMAN) Acting Planning and Building Director Shauna Nauman reviewed the two privately initiated requests for rezoning and recommended Council authorize staff to process the amendment requests as one of the City's three allowed LCP amendments for 1997; and direct staff to send out a request for proposal to select a professional consultant to process the amendments under staff direction. MOTION: Councilmember Elliott moved the City Council authorize staff to process the two privately initiated amendment requests as one of the City's three allowed LCP amendments for 1997; and direct staff to select a professional consultant to process the amendments under staff direction. The motion was seconded by • Councilmember Peirce and unanimously carried. (5-0) MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - MARCH 10, 1997 PAGE 6 • D-2 CONSIDERATION TO ADOPT ACTION MINUTES FOR COUNCIL/ COMMISSIONS/ADVISORY BOARDS - (HOWELL) City Administrator Dave Howell reviewed and recommended approval of the proposed policy for "synopsis" minutes for Council, Commission, and Advisory Board meetings. MOTION: Councilmember Elliott moved the City Council approve the policy for "synopsis" minutes for Council, Commission, and Advisory Board meetings. The motion was seconded by Councilmember Anderson and unanimously carried. (5-0) D-3 SET DATE FOR JOINT MEETING WITH COMMUNITY PROMOTIONS COMMITTEE - (HOWELL) Council scheduled a meeting to receive a presentation from the Community Promotions Committee for April 16, 1997 at 7:00 p.m. at St. Timothy's Church. D-4 RESOLUTION NO. 18-97 AUTHORIZING TEMPORARY USE OF COMMUNITY CENTER RESERVES TO UPGRADE RECREATION DEPARTMENT COMPUTER SYSTEM - (KOSER) Finance Director Jim Koser stated the Recreation & Parks • Department has been operating its facility reservation and fee class scheduling and pupil registration software on an aging and failing local area network computer, as well as other office automation purposes. He noted the system has required frequent servicing and parts replacement and has now deteriorated to the point of threatening normal operations. Mr. Koser recommended Council approve Resolution No. 18-97 authorizing the appropriation of existing funding in the General Fund's Reserve for Community Center Maintenance. MOTION: Councilmember Anderson moved the City Council approve Resolution No. 18-97 authorizing the appropriation of existing funding in the General Fund's Reserve for Community Center Maintenance. The motion was seconded by Councilmember Peirce. Council discussed the funding mechanism for the use of computer networking. MOTION: Councilmember Anderson called for the question. Councilmember Peirce seconded the calling for the question and it unanimously carried. (5-0) VOTE: The motion carried with Councilmember Peters voting no. (4-1) • • • • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - MARCH 10, 1997 PAGE 7 D-5 REQUEST FOR AGENDA TIME TO DISCUSS THE CITY SECTION OF THE STATE WATER PIPELINE PROJECT - (COUNCIL) Council directed staff to obtain the necessary information and agendize for discussion at a future City Council meeting. D-6 ISSUANCE OF WRITTEN REPORT DESCRIBING MEASURES TO ALLEVIATE THE CONDITION WHICH LED TO THE ADOPTION OF INTERIM ORDINANCE NO. 457 PROHIBITING ADULT ENTERTAINMENT BUSINESSES IN MORRO BAY - (NAUMAN) Acting Planning and Building Director Shauna Nauman reviewed Government Code Section 65858(d) which states ten days prior to the expiration of an interim ordinance or any extension, the City Council shall issue a written report describing the measures taken to alleviate the condition which led to the adoption of the interim ordinance. MOTION: Councilmember Elliott moved the City Council issue a written report describing the measures taken to alleviate the condition which led to the adoption of Ordinance No. 457, an interim ordinance prohibiting the establishment of adult entertainment businesses in Morro Bay. The motion was seconded by Councilmember Anderson and unanimously carried. (5-0) F. ADJOURNMENT The meeting adjourned at 9:55 p.m. Recorded by: Bridgett Bauer City Clerk �J NOTICE OF SPECIAL MEETING NOTICE IS HEREBY GIVEN that a Special Meeting of the Morro Bay City Council/Commissions /Advisory Boards is hereby called to be held on Thursday, February 27 1997 at 6.00 p.m. to be held in the Morro Bay Veterans Memorial Building, 209 Surf Street, Morro Bay, California to set and prioritize future goals and projects and prepare for the pending two-year budget. DATED: February 20, 1997 A.uR.I� Bridgett Bau , City Clerk City of Morro Bay, California •MINUTES OF CITY COUNCIL/COMMISSION/ADVISORY BOARD SPECIAL MEETING (WORKSHOP) HELD AT THE VETS HALL ON FEBRUARY 27, 1997 AT 6 PM. I. CALL TO ORDER -- Mayor No called the meeting to order at 6:05 PM. She advised those in attendance as to the purpose and format of the workshop and of the follow up town hall meeting of April 24, 1997. II. —PRESENT. i City Council; .,r u , . All members. City Sta$ Dave Howell, David Hunt, Philip Sinco, Jim Koser, Bill Boucher, Shaun Nauman, Rick Algert, Andrea Lueker. Planning Commission; Don Doubledee, Steve Carnes, John Barta, Wally McCray (6:20) Public Works Advisory Board; Bill Olson, Thad Baxley, Ann Patton, Meridith Bates. Recreation and Parks Commission; Greg Wilson, John Geever, Lynda Merrill, Leabah Winter, Karen Robert, Linda Donnelly. Community Promotions Committee; Nancy Barta, Ed Biawdni John Zaver, Therese Vanier, Gary -Gillman, John Woodruff Suedene Walker (6:30) • Harbor Advisory Board: Don Lockwood, Val Seymour, Jim Wood, Smith Held. III, PUBLIC COMMENT PERIOD: Charles Palmer spoke regarding his concerns of the launch ramp project. IV. PRESENTATIONS: A. City Attorney Hunt & Sinco presented information of the Brown Act, Political Reform Act, Procedural Due Process Considerations, & Meeting Minute Requirements. (Staff report attached). B. .Planning Commission Chair Doubledee gave an overview of purpose and purview ofPC. and reviewed attached priority and related items. C. PWAB Chair Olson presented a historical overview and information regarding the formation of their Board. He listed the following priorities; (1) Blending pipeline, (2) Storm drain replacements (3) Sewer collection system maintenancebVgrades, (4) Wastewater reclamation project, (5) Street repair/rnaintenanoc, (6) Public Transportation needs, (7) PEG Access. D. harbor Advisory Board Char Lockwood presented general information on the Board and an overview of the representation of the members. He listed their top priorities as; (L) Interior Harbor Dredge, (2) Lack of Seafood Processing Businesses, (3) Construct Harbor Office, (4) Establish Haul Out Facility & Boat Repair Yard, (5) Construct Little Morro City of Morro Bay 04 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 level of municipal service and safety consistent with and responsive to the needs of the public. REGULAR MEETING - FEBRUARY 24, 1997; 5:00 P.M. CLOSED SESSION - FEBRUARY 24, 1997 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 ♦ CITY OF MORRO BAY V. DON FUNK, SAN LUIS OBISPO SUPERIOR COURT CASE NO. CV 079045; ♦ KIRLEY V. CITY OF MORRO BAY, SAN LUIS OBISPO SUPERIOR COURT CASE NO. CV 077510. PUBLIC SESSION - FEBRUARY 24, 1997 VETERANS MEMORIAL HALL - 6:00 P.M. 209 SURF ST., MORRO BAY, CA ESTABLISH QUORUM AND CALL TO ORDER PRAYER PLEDGE OF ALLEGIANCE THOUGHT FOR THE DAY MAYOR AND COUNCILMEMBERS ANNOUNCEMENTS & PRESENTATIONS 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 MINUTES FOR THE REGULAR CITY COUNCIL MEETING OF FEBRUARY 10, 1997; (BAUER) THIS ITEM HAS BEEN PULLED FROM THE AGENDA A-2 STATEMENT OF CASH AND INVESTMENTS - JANUARY 1997; MOSER) RECEIVE FOR INFORMATION. A-3 EXPENDITURE REPORT - JANUARY 1997; MOSER) : APPROVE AS SUBMITTED. A-4 APPOINTMENT OF ALTERNATE SLORTA REPRESENTATIVE; (COUNCIL) RECOMMENDATION: APPOINT COUNCILMEMBER ELLIOTT TO SERVE AS ALTERNATE REPRESENTATIVE ON SLORTA. A-5 RESOLUTION NO. 16-97 REQUESTING REDUCTION OF POSTED 65 MPH SPEED LIMIT ON HIGHWAY ONE THROUGH MORRO BAY; (BOUCHER) RECOMMENDATION: APPROVE RESOLUTION NO. 16-97. A-6 RESOLUTION NO. 17-97 APPROVING 3-YEAR LICENSE AGREEMENT WITH PG&E FOR USE OF PARKING LOT ON EMBARCADERO; (ALGERT) RECOMMENDATION: APPROVE RESOLUTION NO. 17-97. A-7 RESOLUTION NO. 15-97 AUTHORIZING NOTICE OF COMPLETION OF SOUTH BAY BOULEVARD IMPROVEMENT PROJECT - PHASE ONE; (BOUCHER) APPROVE RESOLUTION NO. 15-97. A-8 REJECTION OF CLAIM AGAINST THE CITY - HIERS; (DAVIS) RECOMMENDATION: REJECT CLAIM AS RECOMMENDED BY THE CITY'S INSURANCE ADJUSTERS. B, PUBLIC HEARINGS, REPORTS & APPEARANCES B-1 REQUEST FOR AGENDA TIME BY ATHEISTS UNITED OF SLO AND MORRO BAY MINISTERIAL ASSOCIATION REGARDING POLICY ON PRAYER AT CITY COUNCIL MEETINGS; (COUNCIL) RECEIVE PRESENTATIONS AND DIRECT STAFF ACCORDINGLY. B-2 CONSIDERATION OF RECYCLING GRANT AWARD TO MORRO BAY HIGH SCHOOL PIRATE RECYCLING; (BOUCHER) RECOMMENDATION: RECYCLING GRANT BE AWARDED TO PIRATE RECYCLING, MORRO BAY HIGH SCHOOL, IN THE AMOUNT OF $3,520 FOR THE PERIOD FROM AWARD THROUGH AUGUST 1997; AND A SUPPLEMENTAL GRANT APPLICATION BE CONSIDERED UPON RECEIPT FOR THE 1997/98 SCHOOL YEAR. B-3 REVIEW OF COLEMAN DRIVE BOAT LAUNCH RAMP SITE AND ENVIRONMENTAL IMPACT REPORT PROPOSAL UNDER DEPARTMENT OF BOATING & WATERWAYS GRANT; (ALGERT) RECOMMENDATION: REVIEW THE REVISED SITE PLAN SUBMITTED BY DBW ENGINEERS, AND DIRECT STAFF ACCORDINGLY. sB-4 CONSIDERATION OF POLICY REGARDING ALCOHOL USE AT CITY - SPONSORED AND CO -SPONSORED EVENTS; (LUEKER) RECOMMENDATION: REVIEW AND ADOPT GUIDELINES REGARDING SERVING ALCOHOL AT CITY -SPONSORED AND CO -SPONSORED EVENTS. B-5 CONSIDERATION OF MORRO BAY PUBLIC, EDUCATIONAL AND GOVERNMENT (PEG) ACCESS PLAN; (BOUCHER) RECOMMENDATION: REVIEW THE CONSORTIUM FOR COMMUNITY MEDIA EXECUTIVE SUMMARY, THE REPORT ON MANAGEMENT OPTIONS FOR PEG ACCESS, THE MORRO BAY PEG ACCESS PLAN; ADOPT THE MORRO BAY PEG ACCESS PLAN; SELECT THE NON-PROFIT MANAGEMENT OPTION FOR PUBLIC AND EDUCATIONAL ACCESS; SELECT THE CITY ACCESS POLICY AGENCY OPTION FOR GOVERNMENT ACCESS; AND AUTHORIZE STAFF TO DEVELOP A REQUEST FOR PROPOSAL FOR SELECTION OF A NON-PROFIT ORGANIZATION. B-6 REVIEW OF AMENDMENTS TO THE LOCAL COASTAL PLAN/GENERAL PLAN AND MORRO BAY MUNICIPAL CODE CHAPTER 13.20 (BUILDING LIMITATION) TO IMPLEMENT THE CERTIFIED WATER MANAGEMENT PLAN; (NAUMAN) RECOMMENDATION: CONTINUE THIS PUBLIC HEARING TO APRIL 14, 1997 AND RETURN TO PLANNING COMMISSION FOR FURTHER REVIEW AND RECOMMENDATION. C. UNFINISHED BUSINESS - NONE. D. NEW BUSINESS - NONE. E. ADJOURNMENT THIS AGENDA IS SUBJECT TO AMENDMENT UP TO 72 HOURS PRIOR TO THE DATE AND TIME SET FOR THE MEETING. PLEASE REFER TO THE AGENDA POSTED AT CITY HALL FOR ANY REVISIONS OR CALL THE CLERK'S OFFICE AT 772-6200 FOR • FURTHER INFORMATION. • COPIES OF STAFF REPORTS OR OTHER PUBLIC DOCUMENTATION RELATING TO EACH ITEM OF BUSINESS REFERRED TO ON THIS AGENDA ARE ON FILE IN THE OFFICE OF THE CITY CLERK AND AVAILABLE FOR PUBLIC INSPECTION AND REPRODUCTION AT COST AT CITY HALL, LIBRARY, AND MILLS STATIONERY. IN COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT, IF YOU NEED SPECIAL ASSISTANCE TO PARTICIPATE IN A CITY MEETING, PLEASE CONTACT THE CITY CLERK'S OFFICE AT LEAST 24 HOURS PRIOR TO THE MEETING TO INSURE THAT REASONABLE ARRANGEMENTS CAN BE MADE TO PROVIDE ACCESSIBILITY TO THE MEETING. • 0 MINUTES - MORRO BAY CITY COUNCIL CLOSED SESSION - FEBRUARY 24, 1997 CITY HALL CONFERENCE ROOM - 5:00 P.M. Mayor Novak called the meeting to order at 5:00 p.m. PRESENT: ABSENT: STAFF CLOSED SESSION Cathy Novak Rodger Anderson Dave Elliott William Peirce Janice Peters None Dave Howell David Hunt Mayor Councilmember Councilmember Councilmember Councilmember City Administrator City Attorney MOTION: Councilmember Peters moved the meeting be adjourned to Closed Session. The motion was seconded by Councilmember Anderson and unanimously carried. (5-0) Mayor Novak read the Closed Session statement. CS-1 GOVERNMENT CODE SECTION 54956.9(A): CONFERENCE WITH LEGAL COUNSEL REGARDING PENDING LITIGATION ♦ CITY OF MORRO BAY V. DON FUNK, SAN LUIS OBISPO SUPERIOR COURT CASE NO. CV 079045; ♦ KIRTLEY V. CITY OF MORRO BAY, SAN LUIS OBISPO SUPERIOR COURT CASE NO. CV 077510. City Attorney David Hunt requested a 4/5 vote from Council in order to add a pending litigation item to the Closed Session agenda. MOTION: Councilmember Peirce moved the City Council add the following item to the Closed Session agenda under pending litigation, (Government Code Section 54956.9A). The motion was seconded by Councilmember Peters and unanimously carried. (5-0) ♦ WALTON V. CITY OF MORRO BAY, SAN LUIS OBISPO SUPERIOR COURT CASE NO. CV 078992 MOTION: Councilmember Anderson moved the meeting be adjourned to regular session. The motion was seconded by Councilmember Peters and unanimously carried. (5-0) The meeting adjourned at 5:45 p.m. r� MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - FEBRUARY 24, 1997 VETERANS MEMORIAL HALL - 6:00 P.M. Mayor Novak called the meeting to order at 6:00 p.m. PRESENT: Cathy Novak Mayor Rodger Anderson Councilmember Dave Elliott Councilmember William Peirce Councilmember Janice Peters Councilmember ABSENT: None STAFF: Dave Howell City Administrator David Hunt City Attorney Rick Algert Harbor Director Bridgett Bauer City Clerk Bill Boucher Public works Director Janeen Burlingame Administrative Assistant Joe Loven Police Chief Andrea Lueker Recreation and Parks Director Shauna Nauman Acting Planning Director Invocation presented by Pastor Dan Ewing. Harry Rogers led the Pledge of Allegiance. Mayor Novak shared a "Thought for the Day" MAYOR'S REPORTS & ANNOUNCEMENTS Mayor Novak made the following announcements: Finance Director Jim Koser reports the 1996-97 City budget has won an Award for Excellence from the Society of Municipal Finance Officers. The Morro Bay Commercial Fishermen's Organization will donate money for the Mayor's trip to Washington, DC. Bill Yates is in Hawaii and will return to Morro Bay soon. A survey will be sent out with water bills in March and citizens are encouraged to respond. A town hall meeting will be held on April 24, 1997 at 6:00 p.m. in the Veteran's Memorial Building. • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - FEBRUARY 24, 1997 PAGE 3 • A survey will be conducted between February 24th and March 7th in North Morro Bay to assist with block grant development. Councilmember Peters announced the City Council agenda packet is available at the Inn at Morro Bay on weekends. City Attorney David Hunt announced an item was added to the Closed Session Agenda, and the City Council on a four -fifths vote added pending litigation, Walton vs. City of Morro Bay to discuss the case with the City Attorney; no action was taken. PUBLIC COMMENT Warren Dorn expressed Morro Bay Beautiful's opposition to both the 65 mph speed limit along Highway 1 through Morro Bay, and the concrete barriers on Highway 1. Colby Crotzer spoke in opposition to the concrete barrier, as it impedes wildlife, he also opposes the 65 mph on Highway 1 stating it is too fast for a scenic highway. Don Shear, SLOCO Access, stated his group wants to help the City with its handicapped access plans. Charles Palmer stated the City needs to spend between $20 and $40 million for street and storm drain repairs, and too much money is • spent on administrative salaries. He said the Finance Director and City staff need more guidance from Council and better tracking software for its computers. Mary Phillips stated in accordance with Measure F, all infill lots should have been built upon before Cloisters was considered. Lynda Merrill stated Albertson's will provide bulletin board space for public meeting notices. Meredith Bates thanked the video volunteers for their efforts in the broadcasting of public meetings; she also commented on the policy of stepping down when there is a conflict -of -interest issue. Bill Raflowski stated the City should pay $25,000 to help obtain the Yerba Buena stoplight. He noted three City departments are over budget by $300,000. Mr. Raflowski stated the rains washed out 400 feet of State Water pipeline, and asked if water bills will be affected. He also expressed concern with the loss of businesses in Morro Bay. DECLARATION OF FUTURE AGENDA ITEMS - None. MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - FEBRUARY 24, 1997 PAGE 4 . A. CONSENT CALENDAR Unless an item is pulled for separate action by the City Council, the following actions are approved without discussion. A-1 MINUTES FOR THE REGULAR CITY COUNCIL MEETING OF FEBRUARY 10, 1997; (BAUER) This item was pulled from the agenda. A-2 STATEMENT OF CASH AND INVESTMENTS - JANUARY 1997; (KOSER) Mr. Howell recommended Council accept the report for information. A-3 EXPENDITURE REPORT - JANUARY 1997; (KOSER) Mr. Howell recommended Council approve the expenditure report. A-4 APPOINTMENT OF ALTERNATE SLORTA REPRESENTATIVE; (COUNCIL) Mr. Howell recommended Council appoint Councilmember Elliott to serve as alternate representative to SLORTA. A-5 RESOLUTION NO. 16-97 REQUESTING REDUCTION OF POSTED 65 MPH SPEED LIMIT ON HIGHWAY ONE THROUGH MORRO BAY; (BOUCHER) • Mr. Howell recommended Council approve Resolution No. 16-97 requesting reduction of posted 65 mph speed limit on Highway One through Morro Bay. A-6 RESOLUTION NO. 17-97 APPROVING 3-YEAR LICENSE AGREEMENT WITH PG&E FOR USE OF PARKING LOT ON EMBARCADERO; (ALGERT) Mr. Howell recommended Council approve Resolution No. 17-97 approving a 3-year license agreement with PG&E for use of a parking lot on Embarcadero. A-7 RESOLUTION NO. 15-97 AUTHORIZING NOTICE OF COMPLETION OF SOUTH BAY BOULEVARD IMPROVEMENT PROJECT - PHASE ONE; (BOUCHER) Mr. Howell recommended Council approve Resolution No. 15-97 authorizing Notice of Completion of South Bay Boulevard Improvement Project - Phase One. A-8 REJECTION OF CLAIM AGAINST THE CITY - HIERS; (DAVIS) Mr. Howell recommended Council reject the claim filed by Clifford Hiers against the City of Morro Bay. 1] MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - FEBRUARY 24, 1997 PAGE 5 • MOTION: Councilmember Peters moved the City Council approve Items A-2 through A-8 of the Consent Calendar. The motion was seconded by Councilmember Peirce and unanimously carried. (5-0) B. PUBLIC HEARINGS. REPORTS & APPEARANCES B-1 REQUEST FOR AGENDA TIME BY ATHEISTS UNITED OF SLO AND MORRO BAY MINISTERIAL ASSOCIATION REGARDING POLICY ON PRAYER AT CITY COUNCIL MEETINGS; (COUNCIL) Representatives of the Atheists United of SLO and the Morro Coast Ministerial Association were each given 10 minutes to make their presentations for and against the policy of prayer at City Council meetings. Harold Hallikainen presented the argument for Atheists United opposing prayer at City Council meetings. Councilmember Peters asked if Mr. Hallikainen would be satisfied if all viewpoints were represented by positive thoughts at the beginning of Council meetings. Mr. Hallikainen responded prayers are more than positive thoughts. • Roger Evey and Kevin Cloonen presented the argument for the Morro Coast Ministerial Association in support of prayer at public meetings. Councilmember Peters asked if there are any outreach plans for religions outside the association. Pastor Evey responded the City Council chose the ministerial association to designate who will provide opening prayers. Mayor Novak opened the hearing to public comment. Those who spoke in favor of prayer at City Council meetings: Grace Melton, Hank Roth, Mary Phillips, Roger Lemburg, Vivian Davis, Brandon MacDonale, Chuck Meissner, Charlene Gerber, Greta Shinder, Ruth Allen, James Ashford, and Merilee Landren. Those who spoke in opposition to prayer or in favor of Moment of Silence at City Council meetings: Hilda Heifetz, Charles Palmer, Ann Calhoun, Nancy Bast, Wendy Perchinder, Ilona Ing, Richard Krantzdorf, Ann Patton, Roz Rogoff, Annette Amire, Shoosh Crotzer, Hank Alberts, Bob Ladd, Meredith Bates, Lynda Merrill, Peggy Koteen, Colby Crotzer, Barry Dorfman, and Rita Jesulaitis. • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - FEBRUARY 24, 1997 PAGE 6 . Mayor Novak closed the hearing to public comment and noted this item is being heard because of public request. She presented a stack of letters and a petition in support of prayer and only three letters of opposition. Mayor Novak stated anyone has the right to remain outside until both the prayer and Pledge of Allegiance are completed. She said five different opinions are represented by five different Councilmembers and no coercion is involved. Councilmember Elliott stated community problems could be solved if this many people spent this much time on important issues. He noted people pick and choose parts of history and the Constitution to support their arguments. Commissioner Elliott stated public response has been 30-1 in favor of prayer. Councilmember Anderson stated he anticipated this divisiveness when he voted against reinstituting prayer, and he would prefer to return to the moment of silence. He said if the prayer remains on the agenda, he would insist on a wider religious representation. Councilmember Peirce stated he expected some degree of tolerance regarding this issue, and the mail he has received is in favor of continuing with prayer. Councilmember Peters stated the City has become a focal point • because of the change from a moment of silence to prayer. She would prefer the moment of silence, although she also supports presentations by diverse religions. Councilmember Anderson noted one minister prefaced his invocation with a statement asking for reflection on the business at hand instead of prayer for those who wished, and he believes such an approach is preferable. Mayor Novak noted no City Council action is necessary, and she offered to provide more input on various religions. MOTION: Councilmember Anderson moved the City Council resume the Moment of Silence on the Council agenda. The motion was seconded by Councilmember Peters. MOTION: Mayor Novak moved the City Council lay the motion on the table. The motion was seconded by Councilmember Elliott and carried with Councilmembers Anderson and Peters voting no. (3-2) City Attorney David Hunt clarified a motion to table takes Councilmember Anderson's motion out of consideration until a subsequent Council withdraws it from the table. • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - FEBRUARY 24, 1997 PAGE 7 • Mayor Novak stated she would find out who belongs to the ministerial association, and look into outreach to other religions. Mayor Novak called for a break at 8:25 p.m.; the meeting resumed at 8:50 p.m. MOTION: Mayor Novak moved the City Council postpone indefinitely Councilmember Anderson's previous motion. The motion was seconded by Councilmember Elliott and carried with Councilmembers Anderson and Peters voting no. (3-2) B-2 CONSIDERATION OF RECYCLING GRANT AWARD TO MORRO BAY HIGH SCHOOL PIRATE RECYCLING; (BOUCHER) Administrative Assistant Janeen Burlingame stated Section 5.10 of the Curbside Recycling Franchise Agreement provides for the establishment of a fund, in the amount of $10 per ton of recycling materials collected by RALCCO, set aside for use for a resource job development program in conjunction with Morro Bay High School. She recommended the City Council award a recycling grant to Pirate Recycling of Morro Bay High School in the amount of $3,520 for the period from award through August 1997, and that a supplemental grant application be considered upon receipt for the 1997/98 school year. • Mayor Novak opened the hearing for public comment. Matt Majors and Faylla Chapman of Morro Bay High School reviewed the Pirate Recycling Program and requested Council's support in approving this grant. Brandon MacDonale stated the program helps the high school, grant money will help reduce trash, and students will get paid and feel good about recycling. Shoosh Crotzer stated it is disappointing to hear there is only one student in the recycling program at the high school. Mayor Novak closed the hearing to public comment. She noted the figures of the high school's tonnage counts which help the City in reduced amounts going to the landfill. Councilmember Elliott stated the school district's budget is seven or eight times as large as the City's and the district provides no help for this program. He said both the school and the school district are saving money and should assist with this program. • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - FEBRUARY 24, 1997 PAGE 8 • MOTION: Councilmember Peirce moved the City Council award the recycling grant to Pirate Recycling of Morro Bay High School in the amount of $3,520 for the period from award through August 1997, and that a supplemental grant application be considered upon receipt for the 1997/98 school year. The motion was seconded by Councilmember Elliott and unanimously carried. (5-0) City Attorney David Hunt requested Council add the La Habra case to the agenda. He said the case addresses Proposition No. 62 and three-year statute of limitations and whether or not Morro Bay should join as amicus to support La Habra. MOTION: Councilmember Anderson moved the City Council add the LaHabra case to New Business on tonight's agenda. The motion was seconded by Councilmember Peters and unanimously carried. (5-0) B-3 REVIEW OF COLEMAN DRIVE BOAT LAUNCH RAMP SITE AND ENVIRONMENTAL IMPACT REPORT PROPOSAL UNDER DEPARTMENT OF BOATING & WATERWAYS GRANT; (ALGERT) Harbor Director Rick Algert reviewed the project concept to provide a second boat launch ramp to meet present/future peak demands, remove some of the larger boat trailer traffic off the Embarcadero and provide a launch ramp closer to the harbor • entrance for open ocean boaters. He noted the City has applied for a grant from Department of Boating & Waterways (DBW) to construct a second boat launch ramp at Coleman Drive/Morro Rock area and received tentative approval to start engineering and design. Mr. Algert recommended Council review the revised site plan submitted by DBW engineers, receive public testimony and direct staff accordingly. Councilmember Peters asked about the process of seeking approval from the Coastal Commission for a ramp in this location. Acting Planning Director Shauna Nauman responded the Waterfront Master Plan was a policy document. She said the launch ramp would not go to the Coastal Commission unless it was permitted as a project. Councilmember Peirce asked if the items on the drawing can be moved around. Mr. Algert responded it is important for the restroom to be close to the ramp, because of handicap accessibility. Councilmember Peirce stated the area should have a park -like setting to be more appealing. • Mayor Novak opened the hearing to public comment. MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - FEBRUARY 24, 1997 PAGE 9 • Shoosh Crotzer stated the City should consult with Dave Paradies of the National Estuary Program before continuing with the process. Leabah Winter stated the Recreation and Parks Commission voted against the placement of this launch ramp. Nancy Bast stated every advisory board and public survey have opposed this project. She said millions of people use this area for nature watching, and with the proposed launch ramp both the kelp bed and wildlife viewing would be destroyed. Ms. Bast noted more parking is needed, not another launch ramp. Don Lockwood, Chairman of the Harbor Advisory Board, stated the issues are liability and safety. He said a legal opinion concerning the launch ramp location so close to a dangerous harbor mouth is needed. Charles Palmer expressed concern with safety of the proposed launch ramp. He also noted the City has financial problems and this is not a necessary expenditure. Jim Wood stated the worst waves come with ebbing tides, and this location would be very dangerous for any boat which loses power. He noted there is no parking problem nine months of the year and • warned about strings attached to grants. Ann Freeman stated this concept plan has been designed by State employees who have never been to Morro Bay and do not care what citizens want. She said the launch ramp should come back for further citizen input and possibly a vote. Colby Crotzer stated commercial fishermen use the existing launch ramp, which is important in keeping the channel dredged. Ric Deschler stated relationships with DEW will not be jeopardized by refusing this project and it is obvious there is no public support. Barry Dorfman stated nature -loving families spend more money while in the City than day boaters. Ed Peters stated tourists enjoy the Target Rock area for its picture postcard view; a parking lot in this area will create a jungle full of cars and boat trailers which will be unappealing for this natural setting. Fred Harpster stated the City Council should consider improving the problems at the current boat ramp instead of planning another one. • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - FEBRUARY 24, 1997 PAGE 10 • Pat Renshaw expressed concern with losing the great scuba diving spot at this proposed location. Lynda Merrill read an opposition letter from Betty Winholtz. Warren Dorn stated he does not want State agencies telling the City what to do with its citizens' money. He said it would be better to develop a project suitable to everyone. Brandon MacDonale stated the proposed launch ramp would make the harbor look uglier and is unnecessary. Mayor Novak closed the hearing to public comment and stated she does not support parking on the bay side. She said an area would be roped off specifically for scuba divers, and access must be provided for everyone. Mayor Novak stated many out-of-town commercial salmon fishermen have told her they will not come back because of the parking problems at the present launch ramp. She believes a second launch ramp will help fishermen, and fishing is a high priority in the City's Local Coastal Plan. Mayor Novak stated the Target Rock launch ramp can be closed during winter storm months. She said she does not like the ramp jutting out into the harbor. Mayor Novak stated 70 seconds could be saved per rescue trip if an area for unloading people was closer to the harbor mouth. She said a side -tie dock could be added for fishermen and diver convenience, and funding would come from the • Harbor Fund. Councilmember Peters stated this area is the only one with a view back to the City, and the parking problem needs to be addressed through use of parking in -lieu fees. She said there has been much opposition and liability is an issue, and so is an expensive EIR. Councilmember Peters stated this plan is impractical regarding realignment of Coleman Drive, the Dendulk property, and easements. She noted DBW could provide money for harbor dredging. Councilmember Peirce stated he envisions a larger boat facility with repair capability somewhere around Coleman Drive and the Embarcadero, and he might have to choose Option No. B in the staff report. Councilmember Elliott expressed dissatisfaction with the design, stating the department is using City money to draw the plan. He said nothing should interfere with the view from Target Rock. Councilmember Elliott stated he heard support from fishermen of this ramp, but he fears parking would be taken over by RVs. Councilmember Anderson stated he does not believe a boat yard or haul -out facility is feasible, and he would prefer a ramp closer to the Embarcadero. He said a more attractive parking lot at the Rock would be beneficial, and moving Coleman Drive would present • a lot of difficulties. Councilmember Anderson stated options can MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - FEBRUARY 24, 1997 PAGE 11 • be explored with PG&E for land where the tank farm used to be. He said there are parking and traffic problems at Tidelands Park, but the parking fund is not intended for boat trailers. Mayor Novak stated there is not enough space to construct a haul - out facility and a launch ramp between the beach and the PG&E pumphouse, and losing Coleman Beach would not be popular. Mr. Algert noted the power plant is for sale, and the City does not own enough land to build either a launch ramp or a repair yard because of the Dendulk property and PG&E. He said the City will have to negotiate after the power plant is sold. Councilmember Peters suggested valet parking for fishermen when necessary to solve the Tidelands parking problem. MOTION: Councilmember Anderson moved the City Council direct staff to pulling the launch ramp item from the DBW Commission agenda this year. The motion was seconded by Councilmember Peirce. Councilmember Elliott suggested a proactive stance: decide if the ramp is needed; where it should go; what type of facility is needed; where parking should be located; and then communicate with DBW on what the City wants. He said choosing Option No. B alone will bring the issue back unchanged in three years. • Mayor Novak stated Mr. Algert can convey Councils opinions to DBW staff during a harbor tour in March. Councilmember Anderson withdrew his motion; Councilmember Peirce withdrew his second. MOTION: Mayor Novak moved the City Council direct staff to pull the DBW Commission item for the boat launch ramp temporarily, and instruct staff to report back to Council in April, or soon thereafter on discussions with DBW staff regarding changes to the launch ramp site. The motion was seconded by Councilmember Peirce and carried with Councilmember Peters voting no. (4-1) Mayor Novak called for a break at 10:55 p.m.; the hearing resumed at 11:00 p.m. MOTION: Councilmember Peters moved the City Council go beyond the 11:00 p.m. time limit in order to hearing Items B- 4, B-6 and D-1. The motion was seconded by Councilmember Elliott and unanimously carried. (5-0) • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - FEBRUARY 24, 1997 PAGE 12 • B-4 CONSIDERATION OF POLICY REGARDING ALCOHOL USE AT CITY - SPONSORED AND CO -SPONSORED EVENTS; (LUEKER) Recreation & Parks Director Andrea Lueker reviewed the guidelines approved by the Recreation & Parks Commission regarding serving alcohol at City -sponsored and co -sponsored events. She recommended Council adopt these guidelines. Mayor Novak opened the hearing to public comment; there was none and the hearing was closed. Councilmember Peters asked the City Attorney about City liability if someone overindulges and has an accident. City Attorney David Hunt responded the City would not be responsible but could still be sued. He said there is a risk, however, not a large one. Councilmember Peters stated she would prefer to prohibit alcohol at these events. Mayor Novak asked about City sponsorship of the Harbor Festival. Ms. Lueker responded the City provides in -kind help to the Harbor Festival, but it is not a City -sponsored event. She said the Annual Spaghetti Feed and Appreciation Dinner are the focus of • these proposed guidelines. Mayor Novak asked if the guidelines can be limited to these two events; she expressed concern about far-reaching impacts. Councilmember Anderson stated he supports the proposed guidelines recommended by the Recreation & Parks Commission. Councilmember Elliott stated the guidelines are not as important as the question of whether or not to serve alcohol. He does not believe alcohol should be served. MOTION: Councilmember Peirce moved the City Council adopt the guidelines recommended by the Recreation and Parks Commission. The motion was seconded by Councilmember Anderson and carried with Councilmember Elliott voting no. (4-1) B-5 CONSIDERATION OF MORRO BAY PUBLIC, EDUCATIONAL AND GOVERNMENT (PEG) ACCESS PLAN; (BOUCHER) This item was continued to the March 24, 1997 City Council meeting. • • • • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - FEBRUARY 24, 1997 PAGE 13 B-6 REVIEW OF AMENDMENTS TO THE LOCAL COASTAL AND MORRO BAY MUNICIPAL CODE CHAPTER LIMITATION) TO IMPLEMENT THE CERTIFIED PLAN; (NAUMAN) This item was continued to the April 14, meeting. C. UNFINISHED BUSINESS - NONE. D. NEW BUSINESS PLAN/GENERAL PLAN 13.20 (BUILDING WATER MANAGEMENT 1997 City Council D-1 REQUEST FOR AMICUS SUPPORT IN THE JARVIS TAXPAYER'S ASSOCIATION VS. CITY OF LA HABRA CASE City Attorney David Hunt reviewed the case and recommended the City Council authorize him to transmit the City's consent and joinder as an amicus in favor of the City of La Habra in this case. MOTION: Councilmember Elliott moved the City Council authorize the City Attorney to transmit the City's consent and joinder as an amicus in favor of the City of La Habra in the Jarvis Taxoaver's Association vs City of La Habra case. The motion was seconded by Councilmember Anderson and unanimously carried. (5-0) F. ADJOURNMENT The meeting adjourned at 11:28 p.m. Recorded by: Bridgett Bauer City Clerk ` NOTICE OF SPECIAL MEETING NOTICE IS HEREBY GIVEN that a Special Meeting of the Morro Bay City Council and City Staff is hereby called to be held on Thursday. February 20, 1997 at 6:00 p.m. to be held in the Community Center Multi -Purpose Room located at 1000 Kennedy Way, Morro Bay, California to set and prioritize future goals and projects and prepare for the pending two-year budget. DATED: February 14, 1997 L] "a Bridgett B er, City Clerk City of Morro Bay, California 4 MINUTES OF CITY COUNCIL/STAFF SPECIAL MEETING (WORKSHOP) • FEBRUARY 20,1997; 6:00 P.M. MORRO BAY COMMUNITY CENTER Mayor Novak called the meeting to order at 6:00 p.m. Mayor, City Councilmembers, Department Heads and City Attorney were present. u�u1 Lynda Merrill addressed ideas she has for consideration; she will resubmit these ideas at the Town Hall Meeting on April 24, 1997. Allen Peterson submitted his ideas regarding management planning. • City Staff presented conceptual ideas and outlined financial and infrastructure status. (See attached outline and staff reports). Council indicated that the following items should be returned to them for further consideration and discussion: 1) Consideration of limiting city office hours; - 2) Consideration of establishing parking time limits (Embarcadero area); 3) Consideration of parking ordinance revisions to encourage business improvements; 4) Consideration of action minutes for Council/Commissions/Boards; 5) Need to update/rewrite General Plan and Local Coastal Plan; 6) Consideration to amend ease/existing Municipal Code requirements, particularly involving permits; 7) Consideration of various financing scenarios; 8) Consideration of shared staffing; 9) Consideration of creating a "test block" in the downtown area; 10) Obtain common housing for Public Works and Planning/Building Departments. ,�Vlilil Wiu'JA.r_M The workshop adjourned at 10:00 p.m. 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 - FEBRUARY 10, 1997; 6:00 P.M. VETERANS MEMORIAL HALL 209 SURF ST., MORRO BAY, CA ESTABLISH QUORUM AND CALL TO ORDER PRAYER PLEDGE OF ALLEGIANCE THOUGHT FOR THE DAY MAYOR AND COUNCILMEMBERS ANNOUNCEMENTS & PRESENTATIONS 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 MINUTES FOR THE REGULAR CITY COUNCIL MEETING OF JANUARY 27, 1997 AND SPECIAL MEETING OF JANUARY 23, 1997 A-2 ANNUAL MOBILEHOME RENT CONTROL REPORT A-3 RESOLUTION NO. 13-97 APPROVING THE COOPERATIVE AGREEMENT WITH SAN LUIS OBISPO COUNCIL OF GOVERNMENTS FOR BIKEWAY STUDY • A-4 RESOLUTION NO. 12-97 APPROVING ESTOPPEL AGREEMENT FOR LEASE SITE 78-81/78W-81W; (FLYING DUTCHMAN) A-5 AUTHORIZATION FOR MAYOR NOVAK TO TESTIFY TO CONGRESS IN SUPPORT OF CONTINUED HARBOR DREDGING B. PUBLIC HEARINGS. REPORTS & APPEARANCES B-1 CONSIDERATION OF ADOPTION OF URGENCY ORDINANCE TO SUSPEND ACCEPTANCE AND PROCESSING OF ADULT MATERIAL/ENTERTAINMENT APPLICATIONS; AND DIRECTION ON POSSIBLE RELATED ZONING ORDINANCE AMENDMENTS B-2 CONSIDERATION OF WEED ABATEMENT APPEALS B-3 RESOLUTION NO. 11-97 APPROVING THE MID -YEAR BUDGET AND SUPPLEMENTAL APPROPRIATIONS FOR FISCAL YEAR 1996/97 B-4 RESOLUTION NO. 14-97 APPROVING AMENDMENTS TO THE LOCAL COASTAL PLAN/GENERAL PLAN AND CHAPTER 13.20 OF THE MORRO BAY MUNICIPAL CODE TO IMPLEMENT THE WATER MANAGEMENT PLAN; AND ORDINANCE NO. 456 ADOPTING AMENDMENTS TO CHAPTER 13.20- BUILDING LIMITATIONS (FIRST READING/INTRODUCTION) - THIS ITEM HAS BEEN CONTINUED TO THE FEBRUARY 24, 1997 CITY COUNCIL MEETING • C. UNFINISHED BUSINESS - NONE. D. NEW BUSINESS D-1 CONSIDERATION OF APPOINTMENT TO FILL VACANCY ON PUBLIC WORKS ADVISORY BOARD E. ADJOURNMENT THIS AGENDA IS SUBJECT TO AMENDMENT UP TO 72 HOURS PRIOR TO THE DATE AND TIME SET FOR THE MEETING. PLEASE REFER TO THE AGENDA POSTED AT CITY HALL FOR ANY REVISIONS OR CALL THE CLERK'S OFFICE AT 772-6200 FOR FURTHER INFORMATION. COPIES OF STAFF REPORTS OR OTHER PUBLIC DOCUMENTATION RELATING TO EACH ITEM OF BUSINESS REFERRED TO ON THIS AGENDA ARE ON FILE IN THE OFFICE OF THE CITY CLERK AND AVAILABLE FOR PUBLIC INSPECTION AND REPRODUCTION AT COST AT CITY HALL, LIBRARY, AND MILLS STATIONERY. IN COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT, IF YOU NEED SPECIAL ASSISTANCE TO PARTICIPATE IN A CITY MEETING, PLEASE CONTACT THE CITY CLERK'S OFFICE AT • LEAST 24 HOURS PRIOR TO THE MEETING TO INSURE THAT REASONABLE ARRANGEMENTS CAN BE MADE TO PROVIDE ACCESSIBILITY TO THE MEETING. • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - FEBRUARY 10, 1997 VETERANS MEMORIAL HALL - 6:00 P.M. Mayor Novak called the meeting to order at 6:00 p.m. PRESENT: Cathy Novak Mayor Rodger Anderson Councilmember Dave Elliott Councilmember William Peirce Councilmember Janice Peters Councilmember ABSENT: None STAFF: Dave Howell City Administrator Philip Sinco Assistant City Attorney Rick Algert Harbor Director Bridgett Bauer City Clerk Bill Boucher Public Works Director Jeff Jones Fire Chief Jim Koser Finance Director Andrea Lueker Recreation and Parks Director Shauna Nauman Interim Planning Director • Invocation presented by Pastor Shephard. Van Heusen led the Pledge of Allegiance. Mayor Novak shared a "Thought for the Day". MAYOR'S REPORTS & ANNOUNCEMENTS Mayor Novak made the following announcements: Congressman Walter Capps visited Morro Bay and was given a tour of the harbor; City issues were discussed. Jim Koser has been elected Vice -President of the Central Coast Cities Self -Insurance JPA. The Fire Department responded to a structure fire in rural Morro Bay which took the life of a child; Mayor Novak thanked Chaplain Paul Ward for assisting both firefighters and the family. The Army Corps of Engineers has recommended $5 million for repair of the south breakwater and operation and maintenance dredging in Fiscal Year 1998; Mayor Novak noted lobbying will be necessary. Mayor Novak spoke with both State Senator Jack O'Connell and Assemblyman Tom Bordonaro about the 65 mph speed limit on Highway • 1, the Yerba Buena stoplight, and the proposed concrete median. MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - FEBRUARY 10, 1997 PAGE 2 • A television commercial is being filmed in the City and the film crew gave rave reviews to both the Recreation and Parks and Harbor Departments for their assistance. Councilmember Peters stated she was in Los Angeles at the Convention of Film Location Scouts and is hopeful there will soon be more filming in the City. Councilmember Anderson stated he is a Boardmember on the National Council on Alcohol and Drug Dependence; he invited the public to the second annual fund raiser February 28th at 7:30 p.m. at the Presbyterian Church on Piney Way. PUBLIC COMMENT Betty Forsythe stated the new Foundation for the San Luis Obispo County Library has subleased a room at 783 Quintana Road, Suite 2. She presented the Phase I Final Report and stated she will request a proclamation of support from the City in the near future. Gary Anondson, President of the Firefighters Association, stated there have been two vacant positions for two years at the Fire Department. He requested Council's support in locating funds to • fill one firefighter/paramedic position as soon as possible. Suedene Walker, Director of Chamber of Commerce, announced all motels in the City are filled this weekend. She also noted Senator Jack O'Connell will be in town tomorrow and requested support in opposing the proposed median along Highway 1. Mary Phillips stated the City should reimburse people who use less than three units of water retroactive to November 1996. She also noted the Army Corps of Engineers should build another breakwater for safety purposes. Lynda Merrill asked for a public hearing regarding conversion of condominiums to apartments next to her condominium complex. Wally McCray stated 50 volunteers have signed up for the Adopt -A - Tree Project. He thanked Council, staff and volunteers, noting $5,000 will be saved by the City. Allen Peterson addressed Council on the proposed parking/hotel project surrounding Brannigan's Reef; he said it will result in an unnecessary five -story building. Mr. Peterson stated the math indicates minor alterations on surface streets would provide adequate parking during the five annual occasions when it is needed. He said prime blufftop space will be sacrificed if this project is approved. • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - FEBRUARY 10, 1997 PAGE 3 • John Barta stated people who only use one unit of water still require adequate fire hydrant capacity, which costs millions of dollars. He noted insurance rates are lower because of increased fire suppression capability. DECLARATION OF FUTURE AGENDA ITEMS Councilmember Peirce asked for irregularities in the City section he said he would also like an eeeurred expenditures. A. CONSENT CALENDAR agenda time to address of the State Water pipeline; audit of damages- -whi-eh-fie Unless an item is pulled for separate action by the City Council, the following actions are approved without discussion. A-1 MINUTES FOR THE REGULAR CITY COUNCIL MEETING OF JANUARY 27, 1997 AND SPECIAL MEETING OF JANUARY 23, 1997 Mr. Howell recommended Council approve the minutes as submitted. A-2 ANNUAL MOBILEHOME RENT CONTROL REPORT • Mr. Howell recommended Council receive the report for information. A-3 RESOLUTION NO. 13-97 APPROVING THE COOPERATIVE AGREEMENT WITH SAN LUIS OBISPO COUNCIL OF GOVERNMENTS FOR BIKEWAY STUDY Mr. Howell recommended Council adopt Resolution No. 13-97 approving the cooperative agreement with San Luis Obispo Council of Governments for the Bikeway Study. A-4 RESOLUTION NO. 12-97 APPROVING ESTOPPEL AGREEMENT FOR LEASE SITE 78-81/78W-81W; (FLYING DUTCHMAN) Mr. Howell recommended Council adopt Resolution No. 12-97 approving the Estoppel Agreement for Lease Site 78-81/78W-81W. A-5 AUTHORIZATION FOR MAYOR NOVAK TO TESTIFY TO CONGRESS IN SUPPORT OF CONTINUED HARBOR DREDGING Mr. Howell recommended Council approve expenses from the Harbor Department budget for Mayor Novak to attend the C-Manc Washington Week meetings. MOTION: Councilmember Peirce moved the City Council approve the Consent Calendar. The motion was seconded by • Councilmember Anderson and unanimously carried. (5-0) MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - FEBRUARY 10, 1997 PAGE 4 • B. PUBLIC HEARINGS. REPORTS & APPEARANCES B-1 CONSIDERATION OF ADOPTION OF URGENCY ORDINANCE TO SUSPEND ACCEPTANCE AND PROCESSING OF ADULT MATERIAL/ENTERTAINMENT APPLICATIONS; AND DIRECTION ON POSSIBLE RELATED ZONING ORDINANCE AMENDMENTS Assistant City Attorney Philip Sinco reviewed the law relating to interim ordinances which take effect immediately and will allow staff to prepare necessary amendments to the zoning ordinance. He recommended the City Council accept the report and consider adoption, by a four -fifths vote, of Interim Ordinance No. 457 prohibiting the establishment of adult entertainment businesses for 45 days. Councilmember Anderson stated an applicant could take an opportunistic stance and establish a business before the ordinance could go into effect. He asked if a permanent ordinance could be drafted in less than two years. Mr. Sinco replied the League of California Cities has drafted a model ordinance, which the City Attorney can utilize. Councilmember Anderson asked if such a business can be restricted • to certain areas. Mr. Sinco replied there are a variety of strategies acceptable to the courts, and the moratorium can stay in effect two years while progress is being made toward a long-term solution. He said there are separation requirements and area limitations depending on availability of commercial sites. Councilmember Elliott asked how long it will take to prepare a permanent ordinance. Mr. Sinco noted Coastal Commission approval will be necessary, because a permanent ordinance will require an amendment to the Local Coastal Plan. He said the interim ordinance can take effect now. Mr. Sinco stated commercial site analyses will require review by the Planning Department to determine economic viability. Mayor Novak opened the hearing to public comment. Mary Phillips asked if children's nurseries, schools, and churches are included in the 1,000 foot distance requirement. She also asked about sphere of influence outside City limits. Mayor Novak replied the Planning Department would have to determine distances, and the sphere of influence would not • include the County boundaries. MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - FEBRUARY 10, 1997 PAGE 5 • Harry Rogers stated vacant buildings encourage development of adult businesses, and City criteria should include the ability of children to walk up and down any street safely. Mayor Novak closed the hearing to public comment and stated it is the City's mission to protect youth and family values. She said this is a preventative measure. Councilmember Peters stated the findings are clear, and it is important to have a moratorium while developing an ordinance. Councilmembers Elliott and Peirce both expressed support for the adoption of the interim ordinance. Councilmember Anderson stated he would like an ordinance as restrictive as legally possible. He pointed out an error in the first Whereas, stating "of" should be removed after "regulate." MOTION: Mayor Novak moved the City Council adopt Interim Ordinance No. 457 as amended. The motion was seconded by Councilmember Elliott and unanimously carried. (5-0) B-2 CONSIDERATION OF WEED ABATEMENT APPEALS • Fire Chief Jeff Jones reviewed the weed abatement appeal process and recommended Council deny the appeals filed, and release the City contractor's 100- retention fund less any distributions approved by the City Council. Mayor Novak opened the hearing for public comment. Don St. Clair stated he is concerned with both the cost and process of weed abatement. He noted he has paid $40 to a private contractor in past years and he objects to paying $158.74 this year for abatement on his lot located on Beachcomber. Mayor Novak closed the hearing to public comment. Councilmember Elliott noted a huge variance between hand and tractor time and the amount of cubic yards of disposal material. He asked for an explanation of the variance. Chief Jones responded each lot is unique with a difference in the types of material and terrain. Councilmember Elliott stated some of the charges are unconscionable, and he supports waiving administrative charges to eliminate some appeals. Councilmember Peters stated the property owners were notified and • should have abated their properties in a timely manner; she supports maintaining the current charges. • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - FEBRUARY 10, 1997 PAGE 6 Councilmember Anderson stated the City contractor was the low bidder and was required to be in compliance with many regulations. He noted the City requires all debris to be hauled away, which is something not normally done by private contractors or lot owners. Councilmember Peirce stated he will support a reduction of administrative fees. Mayor Novak agreed costs are phenomenal. She said reductions for one would result in reductions for all, but it is necessary to remember the Fire Department has already spent its time and money. Mayor Novak stated it is not fair to penalize the Fire Department for following Council direction. Councilmember Elliott stated the City has imposed onerous rules and should pay for its unreasonableness. He said Council should consider eliminating the administrative fees for all appellants. Councilmember Anderson stated he does not believe City administrative fees are punitive, although some cities do charge 100% administrative fees as punishment. • Councilmember Peters stated it is not the City's job or responsibility to cut lots, and administrative charges are the result of the lot owner not taking responsibility. She noted only five of 47 lot owners bothered to appeal the abatement charges. Chief Jones noted the 301 administrative cost almost recoups the City's cost in the overall operation. MOTION: Councilmember Peters moved the City Council deny the appeals, and release the City contractor's 10°s retention fund. The motion was seconded by Councilmember Anderson and carried with Councilmembers Elliott and Peirce voting no. (3-2) B-3 RESOLUTION NO. 11-97 APPROVING THE MID -YEAR BUDGET AND SUPPLEMENTAL APPROPRIATIONS FOR FISCAL YEAR 1996/97 Finance Director Jim Koser reviewed the mid -year budget and recommended the City Council adopt Resolution No. 11-97 amending the Fiscal Year 1996/97 budget. Councilmember Anderson noted business in January took a downward swing, and asked if this lag was anticipated. 0 MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - FEBRUARY 10, 1997 PAGE 7 • Mr. Koser responded February is generally the worst month, with January and March close behind. He noted increased revenue is based in part on the 1% rise in taxes, but the balance is based on increased activity. Mr. Koser noted revenues could be affected by the Highway 1 landslide. Councilmember Peirce asked if there is enough money to fill the vacant firefighter position. Mr. Koser responded he anticipates $7,834 will be available; however, the balance would have to come from some other source. Councilmember Peirce asked Chief Jones if the balance to fill this position could be obtained in Fire Department funds. He also asked if savings in accrued overtime would make up the difference. Chief Jones responded he would have to seek advice from the City Administrator and the Finance Director; however, he does not believe $7,000 could be obtained through lack of overtime. Councilmember Elliott asked if this situation is dangerous for the future, because firefighters are not only working overtime but unable to use accrued leave. • Chief Jones responded significant accrued leave balances are due employees. He said accrued time off, including sick leave and vacation is 9,000 hours. Chief Jones stated the City is liable for one year's vacation accrual per employee, however, the employees are unable to take vacations because of overtime expenses. He said an agreement with the firefighters has resulted in an unlimited cap on vacation accrual. Chief Jones stated current overtime costs are 109.7% at mid -year. Councilmember Elliott asked how much money is in the parking in - lieu fund as it generates only $700 interest. Mr. Koser responded the amount in the parking in -lieu fund is $240,000, and $700 is the amount credited to this fund. He said shares of interest go to wastewater, Water, Harbor, and General Funds. Councilmember Elliott asked if people are charged for in -lieu parking with interest going to other funds. Mr. Koser replied idle cash from all funds is pooled and invested and interest accrues to the General Fund and is apportioned back to appropriate funds. Councilmember Elliott asked why Recreation and Parks receipts are • low. He asked if programs are being given away or if there is less participation. MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - FEBRUARY 10, 1997 PAGE 8 • Recreation and Parks Director Andrea Lueker replied the amount of participation has stayed the same or increased slightly, but there are fewer programs. She believes spring will be strong, however, she does not expect to meet revenue projections. Councilmember Peters stated there is an extra $7,800 in the General Fund, and asked if the Fire Department could cover a replacement person for the balance of this fiscal year with the rest budgeted in FY 1997/98. City Administrator Dave Howell responded the cost of a firefighter is $70,000 per year, and the $12,000 is just for the remainder of this fiscal year. Councilmember Anderson stated he is committed to funding a firefighter in the next fiscal year, and would prefer doing so for the remainder of this year. Mr. Koser responded there are a number of options, and the City began the year with $800,000 in reserves. He said it is Council's policy to maintain a certain level of reserves, and Council can change the amount if so desired; however, he does not recommend lowering the reserves any further at this time. • Mayor Novak urged a cautious approach and expressed support and sympathy for the firefighters. She opened the hearing to public comment. Wally McCray asked if the Fire Department has ever considered allocating personnel for use as Forest Service Firefighters in order to utilize federal funding. He said he hopes the grant money for the tree fund will be protected. Chief Jones replied mutual aid contracts allow firefighters to go anywhere in the State, and $12,000 credited to the General Fund is from the Highway 58 fire. He said the department also helped with Southern California fires, however, payment has not yet been received. Chief Jones noted revenues are expected to exceed expenses for mutual aid incidents. John Barta noted the City receives over a million dollars in Transient Occupancy Taxes, which is all from tourists. He said tourism is extremely important to the City because of the ripple effect on the economy. Mr. Barta stated the Tree Fund should remain separate because people donate specifically for trees. Mary Phillips asked if there is a population requirement for a specific number of firemen and police officers. • Chief Jones responded OSHA requires four firefighters per flaming structure unless there is good cause for imminent rescue. MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - FEBRUARY 10, 1997 PAGE 9 • Mayor Novak closed the hearing to public comment. She asked if the money from the Tree Fund could be tracked. Mr. Koser responded contributors and outcome would still be tracked in the General Fund. He said an account within the General Fund will be used exclusively for donations. Councilmembers Anderson and Peters agreed the issue of funding another firefighter position should come back at the next meeting. Councilmember Elliott asked how the money was spent in the Tree Replacement Fund, as he does not believe expenses should exceed donations. He said there have only been two donors, former Mayor Yates and Councilmember Anderson. Councilmember Elliott stated Council is responsible for both public safety and fiscal responsibility, and he feels the City must advertise in order to garner tourism dollars. He said both Trolley and Recycling Funds should be folded into the General Fund, but citizens should support a separate Tree Fund. Mr. Howell offered to bring the firefighter issue back on March 10, 1997 for Council review. • MOTION: Councilmember Elliott moved the City Council approve Resolution No. 11-97 with the following amendment: "Be It Further Resolved that the Recycling and Trolley Funds are declared...." The motion was seconded by Councilmember Anderson and unanimously carried. (5-0) B-4 RESOLUTION NO. 14-97 APPROVING AMENDMENTS TO THE LOCAL COASTAL PLAN/GENERAL PLAN AND CHAPTER 13.20 OF THE MORRO BAY MUNICIPAL CODE TO IMPLEMENT THE WATER MANAGEMENT PLAN; AND ORDINANCE NO. 456 ADOPTING AMENDMENTS TO CHAPTER 13.20- BUILDING LIMITATIONS (FIRST READING/INTRODUCTION) This item was continued to the February 24, 1997 City Council meeting. C. UNFINISHED BUSINESS - NONE. D. NEW BUSINESS D-1 CONSIDERATION OF APPOINTMENT TO FILL VACANCY ON PUBLIC WORKS ADVISORY BOARD Mayor Novak reviewed the need to make an appointment to fill a vacancy on the Public Works Advisory Board. • Councilmembers agreed there were many qualified applicants and attributed increased interest in volunteer service to Channel 54. MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - FEBRUARY 10, 1997 PAGE 10 • Councilmembers Elliott and Peirce supported the Michael Garcia to fill the vacancy; Councilmembers Peters supported the placement of Ric Deschler. placement of Anderson and MOTION: Councilmember Peirce moved the City Council appoint Michael Garcia to serve on the Public Works Advisory Board. The motion was seconded by Councilmember Elliott and carried with Councilmembers Anderson and Peters voting no. (3-2) F. ADJOURNMENT The meeting adjourned at 9:55 p.m. Recorded by: Bridg et Bauer City Clerk • A • .0 City of Morro Bay City Council Mission Statement The City of Morro Bay is dedicated to the preservation and enhancement of the quality of 1i The City shall be committed to this purpose and will provide a level of municipal service and safety mlisistent with and responsive to the nods of the public. REGULAR MEETING - JANUARY 27, 1997 VETERANS MEMORIAL HALL - 6:00 P.M. 209 SURF ST., MORRO BAY, CA ESTABLISH QUORUM AND CALL TO ORDER PRAYER PLEDGE OF ALLEGIANCE THOUGHT FOR THE DAY MAYOR AND COUNCILMEMBERS ANNOUNCEMENTS & PRESENTATIONS 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 MINUTES FOR THE REGULAR CITY COUNCIL MEETING OF JANUARY 13, 1997 - (BARER) RECOMMENDATION: APPROVE AS SUBMITTED. A-2 STATEMENTS OF CASH AND INVESTMENTS - NOVEMBER AND DECEMBER 1996 - (ROSER) RECOMMENDATION: ACCEPT REPORT. A-3 EXPENDITURE REPORTS - NOVEMBER AND DECEMBER 1996 - MOSER) • RECOMMENDATION: APPROVE REPORTS. A-4 SECOND QUARTER SALES TAX REPORT - MOSER) RECOMMENDATION: ACCEPT REPORT. A-5 REPORT ON SONIC CABLE TELEVISION SURVEY RESULTS - (BOUCHER) RECOMMENDATION: RECEIVE REPORT. A-6 RESOLUTION NO. 09-97 APPROVING THE INCREASE OF YOUTH SERVICES/PART-TIME PERSONNEL SERVICES APPROPRIATION FROM RECEIPT OF SKATE PARR GRANT - (LUEKER) RECOMMENDATION: APPROVE RESOLUTION NO. 09-97. B. PUBLIC HEARINGS. REPORTS & APPEARANCES B-1 STATUS REPORT ON HARBOR ENTRANCE IMPROVEMENT PROJECT - (ALGERT) RECOMMENDATION: RECEIVE REPORT. B-2 RESOLUTION NO. 10-97 APPROVING ANNUAL WATER REPORT AND RECOMMENDATIONS FOR DISTRIBUTION OF WATER EQUIVALENCY UNITS . IN FISCAL YEAR 1997/98 - (NAUMAN/BOUCHER) RECOMMENDATION: REVIEW REPORT, ACCEPT PUBLIC INPUT, AND APPROVE BY ADOPTION OF RESOLUTION NO. 10-97. B-3 REVIEW OF SONIC CHANNEL 54 POLICIES AND GUIDELINES - (BOUCHER) RECOMMENDATION: REVIEW PUBLIC WORKS ADVISORY BOARD RECOMMENDATIONS, RECEIVE PUBLIC INPUT, AND DIRECT STAFF AS APPROPRIATE. B-4 DISCUSSION OF ORDINANCE TO REGULATE ADULT MATERIAL BUSINESSES - (NOVAK) RECOMMENDATION: DISCUSS ISSUE, RECEIVE PUBLIC INPUT, AND DIRECT STAFF ACCORDINGLY. C. UNFINISHED BUSINESS C-1 ORDINANCE NO. 454 REVISING WEED ABATEMENT PROGRAM; (SECOND READING/ADOPTION) - (JONES) RECOMMENDATION: APPROVE SECOND READING/ADOPTION. �J • • D. NEW BUSINESS D-1 PRESENTATION BY COUNTY ECONOMIC VITALITY COMMITTEE'S PRESIDENT REGARDING AN ECONOMIC DEVELOPMENT STRATEGY PLAN FOR MORRO BAY, AND CONSIDERATION OF COUNCIL APPOINTMENT TO THE ECONOMIC VITALITY COMMITTEE BOARD OF DIRECTORS - (HOWELL) RECOMMENDATION: RECEIVE PRESENTATION. D-2 REPORT ON MASTER FEE SCHEDULE - (KOSER) E. RECOMMENDATION: RECEIVE REPORT 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. • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - JANUARY 27, 1997 VETERANS MEMORIAL HALL - 6:00 P.M. Mayor Novak called the meeting to order at 6:00 p.m. PRESENT: Cathy Novak Mayor Rodger Anderson Councilmember Dave Elliott Councilmember William Peirce Councilmember Janice Peters Councilmember ABSENT: None STAFF: Dave Howell City Administrator David Hunt City Attorney Rick Algert Harbor Director Bridgett Bauer City Clerk Bill Boucher Public Works Director Janeen Burlingame Administrative Assistant Jeff Jones Fire Chief Jim Koser Finance Director Andrea Lueker Recreation and Parks Director Shauna Nauman Interim Planning Director • Invocation presented by Pastor Bob Morley of the Morro Bay Baptist Church. Eric Linker led the Pledge of Allegiance. Mayor Novak shared a "Thought for the Day". MAYOR'S REPORTS & ANNOUNCEMENTS Mayor Novak introduced PG&E Plant Manager Bob Fredianelli, Coast Guard Lt. Brian Corrigan, Executive Petty Officer James Clemens, and Search and Rescue Detachment Supervisor Dan Bennett. Mayor Novak made the following announcements: Congressman Walter Capps will visit Morro Bay to tour the bay and meet with City officials and National Estuary staff. Carla Borchard has been voted Citizen of the Year by the Chamber of Commerce, with Joe Osmer selected as Volunteer of the Year. Clyde Gaines has been selected as Vice -President of the Central Coast Chapter of Building Officials. It is estimated Twin Bridges would have been closed 20 days at an • average of $20,000 per day due to recent storms. MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - JANUARY 27, 1997 PAGE 2 • Solid waste disposal figures show 13.6% less tonnage going to the landfill this year as compared to last year. PUBLIC COMMENT Mary Phillips presented copies of the U.S. Constitution to the City Council. She addressed the issue of water billing for users of 0-3 units of water. The following people spoke in support of opening the City Council meetings with prayer: Greta Shocker, John Alcorn, and Chris Pilnick. Allen Peterson addressed the proposed parking project discussed at the last Council meeting, and questioned the need for additional parking spaces around Pacific and Market Streets. He said a five -story structure is not in keeping with a small town atmosphere. DECLARATION OF FUTURE AGENDA ITEMS Councilmember Peters announced State Senator Jack O'Connell has been asked by another city to reduce the Highway 1 speed limit to 55 mph. She said Morro Bay should join in the effort to encourage the reduction of the speed limit through the City, and • requested agenda time in order for Council to discuss a solution to this matter. A. CONSENT CALENDAR Unless an item is pulled for separate action by the City Council, the following actions are approved without discussion. A-1 MINUTES FOR THE REGULAR CITY COUNCIL MEETING OF JANUARY 13, 1997 - (BAUER) Mr. Howell recommended Council approve the minutes as submitted. A-2 STATEMENTS OF CASH AND INVESTMENTS - NOVEMBER AND DECEMBER 1996 - MOSER) Mr. Howell recommended Council receive the Statements of Cash and Investments for November and December 1996. A-3 EXPENDITURE REPORTS - NOVEMBER AND DECEMBER 1996 - (KOSER) Mr. Howell recommended Council approve the Expenditure Reports for November and December 1996. • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - JANUARY 27, 1997 PAGE 3 • A-4 SECOND QUARTER SALES TAX REPORT - MOSER) Mr. Howell recommended Council receive the Second Quarter Sales Tax report. A-5 REPORT ON SONIC CABLE TELEVISION SURVEY RESULTS - (BOUCHER) Mr. Howell recommended Council receive the Sonic Cable Television survey results. A-6 RESOLUTION NO. 09-97 APPROVING THE INCREASE OF YOUTH SERVICES/PART-TIME PERSONNEL SERVICES APPROPRIATION FROM RECEIPT OF SKATE PARK GRANT - (LUEKER) Mr. Howell recommended Council approve Resolution No. 09-97. Mayor Novak pulled Item A-4 from the Consent Calendar, Councilmember Peirce pulled Item A-5, and Councilmember Anderson pulled Item A-6. MOTION: Councilmember Peters moved the City Council approve the Consent Calendar with the exception of Items A-4, A-5, and A-6. The motion was seconded by Councilmember • Anderson and unanimously carried. (5-0) A-4 SECOND QUARTER SALES TAX REPORT - (KOSER) Mayor Novak noted the second quarter sales tax revenues exceeded the $1.1 million mark for the first time in the City's history. MOTION: Mayor Novak moved the City Council approve the Second Quarter Sales Tax Report. The motion was seconded by Councilmember Peirce and unanimously carried. (5-0) A-5 REPORT ON SONIC CABLE TELEVISION SURVEY RESULTS - (BOUCHER) Councilmember Peirce requested staff highlight the survey results. Mayor Novak suggested Council review this item before hearing Item B-3 (Review of Sonic Channel 54 Policies and Guidelines). Council agreed to postpone discussion as suggested by the Mayor. A-6 RESOLUTION NO. 09-97 APPROVING THE INCREASE OF YOUTH SERVICES/PART-TIME PERSONNEL SERVICES APPROPRIATION FROM RECEIPT OF SKATE PARK GRANT - (LUEKER) Councilmember Anderson asked Parks and Recreation Department IsDirector Andrea Lueker if funds would be sought for the skate park in the upcoming budget. MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - JANUARY 27, 1997 PAGE 4 • Ms. Lueker responded a portion of funding will come from the trust fund, and additional money will be sought as well. Councilmember Anderson stated revenues are ahead of maintenance costs; however, funding will have to be found for shortfalls in gate collections and staffing costs. MOTION: Councilmember Anderson moved the City Council approve Resolution No. 09-97 approving the increase of Youth Services/Part-Time Personnel Services Appropriation from Receipt of Skate Park Grant. The motion was seconded by Councilmember Peters and unanimously carried. (5-0) B. UNFINISHED BUSINESS B-2 RESOLUTION NO. 10-97 APPROVING ANNUAL WATER REPORT AND RECOMMENDATIONS FOR DISTRIBUTION OF WATER EQUIVALENCY UNITS IN FISCAL YEAR 1997/98 - (NAUMAN/BOUCHER) Interim Planning Director Shauna Nauman reviewed the Planning Commission recommendation for distribution of water equivalency units in Fiscal Year 1997/98, and the water report for Fiscal Year 1996/97. She recommended the City Council adopt Resolution • No. 10-97 approving the annual report. Councilmember Peters asked if there is any type of program to detect leaks in the City. Public Works Director Bill Boucher responded previous leak detection programs have not found a blown -out water line, and 300 acre feet is a lot of loss. Councilmember Anderson asked if water meters were read incorrectly. Mr. Boucher responded several dozen meters are changed per month and several are sent out for calibration, but no faulty pattern has been found. Councilmember Anderson asked if pressure loss would be found if there was a major leak. Mr. Boucher responded two separate investigations were undertaken, and many small leaks were repaired; however, there was no appreciable line loss. Councilmember Anderson asked if the difference between production and units billed is out of line with other communities. • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - JANUARY 27, 1997 PAGE 5 • Mr. Boucher responded the statewide average is 100-. to 15°;, and noted County Engineering has not yet provided the amount of water used for testing the State Water system. Councilmember Elliott asked about the possibility of unauthorized use, as there is no historic pattern of loss. Mr. Boucher responded one investigation isolated portions of the transmission line where such a possibility existed and there was no change. He said some kind of pattern would make finding the loss easier. Councilmember Peirce asked if someone who wanted to build 46 houses would use up all the allocations. Ms. Nauman responded individual homeowners are generally building on infill lots. She said applicants building multiple units are not on the list, and Planning Commission has requested provisions in the Local Coastal Plan to limit the number by one quarter to avoid such a possibility. Mayor Novak opened the hearing to public comment. Colby Crotzer stated wellhead leakage has not been examined, and • meter replacement is important. Charles Palmer stated the water equivalency program should be replaced. He has monthly records of sales and production, and some months the numbers are very close, while in others production is much higher than sales. Mr. Palmer noted part of the problem may be the way records are kept by the City. Planning Commissioner John Barta stated 500 housing units have been built since 1984, and the proponents of Measure F felt population could be controlled by number of permits issued. He noted population has not changed, so Measure F does not achieve its goal. Mr. Barta said an acre foot serves between five and ten houses, so 1,500 to 2,000 houses worth of water have disappeared. Mary Phillips stated Clovis has a method to check meter use which could be used in Morro Bay. She said the City makes money on people who use less water, because they pay more. Mayor Novak closed the hearing to public comment. She stated she supports rescinding the residential waiting list, which will save staff time and result in a user-friendly Planning Department. Councilmember Anderson stated he was once on the list, and the amount of staff time necessary was enormous. He asked Ms. Nauman • to explain what would happen if there were more applicants than allotments. C MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - JANUARY 27, 1997 PAGE 6 Ms. Nauman responded a first -come, first -serve system would stop allotments at 77 units, and the necessity for a waiting list would come before Council. Councilmember Anderson stated there is a concern with marketing allotments, and asked how many building units could be applied for. Ms. Nauman responded 77 permits per year can be applied for, assuming there are no other controls; however, this is a concern of the Planning Commission and a future recommendation will be forthcoming. She said there will be a provision prohibiting one individual from taking all the allotments. Ms. Nauman stated the quarterly award system in the current Water Allocation Model will be retained, and remaining allotments will be granted in the fourth quarter. She said Cloisters is the main concern in this regard, but the lots do not yet exist, and new rules will be in place before project lots are ready for permits. Councilmember Elliott noted there are always unused allotments in the fourth quarter. He said the City needs to get rid of the water equivalency and retrofit programs, as they are not necessary. • Councilmember Peters stated her concern is providing protection against misuse; however, it does not appear to be a real fear. Ms. Nauman noted the list was established because of such fear; however, it has not proven to be true over the years. Councilmember Anderson stated people should not be discouraged from upgrading to current standards through property transfers. Councilmember Elliott agreed there should be upgrades on property transfers to conserve water, and people should be able to use retrofit water if they have already earned it. MOTION: Councilmember Anderson moved the City Council adopt Resolution No. 10-97 approving the 1996/97 Annual Water Progress Report and adopting a Water Allocation Program for Fiscal Year 1997/98. The motion was seconded by Councilmember Peirce and unanimously carried. (5-0) B-1 STATUS REPORT ON HARBOR ENTRANCE IMPROVEMENT PROJECT - (ALGERT) Harbor Director Rick Algert introduced Army Corps of Engineers District Engineer Colonel Larry Davis who reported on the Morro Bay Harbor Entrance Improvement Project, the ongoing maintenance • dredging, and the Corps future plans for the Morro Bay Harbor. MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - JANUARY 27, 1997 PAGE 7 • Councilmember Anderson stated alterations to the harbor would probably not have taken place unless there had been a perceived military necessity. He said there were two channels, and maybe the natural flushing action would still be going on if the harbor had not been changed. Councilmember Anderson stated many people are concerned about Morro Bay being compared to other ports maintained by the Army Corps of Engineers. He noted this is the only storm port between Monterey and Santa Barbara, something which should be taken into consideration when numbers are crunched. Councilmember Anderson stated he feels the Corps has an obligation to maintain the channels, because the Corps created infill problems by changing channel configuration. Colonel Davis replied he feels a resistibility to maintain the channels, but recreational use harbors are not high on the Administration's list. He said tonnage may be down, but there is still significant commercial interest. Colonel Davis stated the commercial tie is of interest to the Administration, but it is necessary to remind Congress. Councilmember Peirce stated there are areas of the bay which are fast becoming a marsh and he stressed the need for maintenance. Councilmember Peters stated this harbor should be the number one • baby of the Corps, because it was created by the Corps. Councilmember Elliott stated the last dredging cost $2.3 million and he asked if it included model building and survey costs. Colonel Davis responded the normal biannual dredging cost about $1.5 million. He said the Corps starts with reconnaissance, paid by the Federal government. Colonel Davis stated the making of the model was part of the feasibility study; the City's cost was half the feasibility and 20°s of construction, with operations and maintenance paid 100°s by the Federal government. Mr. Algert responded the cost to the City for the model was in the $200,000 to $300,000 range. Mayor Novak stated she has been fishing since the early 1980s and the harbor mouth is a moving target. She said the fight for Federal funding will continue, and the Corps' efforts are much appreciated. Mayor Novak opened the hearing to public comment. John Barta stated loss of the harbor would kill Morro Bay, something which is probably not true of other cities. He asked if there could be a cooperative, cost-efficient effort between the Corps and the National Estuary Program to keep a small maintenance dredge working full time. • • • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - JANUARY 27, 1997 PAGE 8 Colby Crotzer stated self -flushing would be preferable, so currents would flow in and out with wave action instead of dredging. He said digging a hole in the sand is a perpetual make-work project because it will always fill in. Mary Phillips stated a wider, taller, longer breakwater would keep the sand from building up and would be cheaper in the long run. Colonel Davis responded there are better solutions, which are much more costly. He said the Corps does not make much from dredging, and manpower amounts to a fraction of one person per year. Colonel Davis stated most ports along the Southern California coast have to be dredged, and East Coast ports carry silt from the rivers instead of sand from the coastline. Charles Palmer stated the Department of Agriculture is responsible for the back bay being quickly lost. He said a tremendous amount of fill has come from Chorro and Los Osos Creeks, and the State Park Marina has almost been closed due to sedimentation. Mr. Palmer stated commercial and recreational uses will continue to be possible if the Corps dredges as far as the marina. Mayor Novak closed the hearing to public comment. Council thanked Colonel Davis and representatives from the Corps of Engineers for their presentation. No further action was taken on this item. A-5 REPORT ON SONIC CABLE TELEVISION SURVEY RESULTS - (BOUCHER) Administrative Assistant Janeen Burlingame reviewed the results of the survey. MOTION: Councilmember Peirce moved the City Council accept the report on Sonic Cable Television Survey results. The motion was seconded by Councilmember Peters and unanimously carried. (5-0) B-3 REVIEW OF SONIC CHANNEL 54 POLICIES AND GUIDELINES - (BOUCHER) Administrative Assistant Janeen Burlingame reviewed and recommended Council approval of the interim operating/ broadcasting policies and guidelines suggested by the Public Works Advisory Board. MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - JANUARY 27, 1997 PAGE 9 46 City Attorney David Hunt emphasized Channel 54 is a creature of the franchise agreement and the City's relationship with Sonic Cable. He said the relationship is managed by Council, and decisions must be made while anticipating future problems. Mr. Hunt stated the whole area of public access broadcast channel carries FCC and Constitutional complexities. He said lawsuits can occur over civil rights violations, and his fear factor grows with each passing week as the City draws closer to full PEG access. Public Works Director Bill Boucher noted one constraint is a zero budget for legal opinions, and he will be requesting funding during budget hearings. Councilmember Peters asked if wording could be included in the interim agreement: "Until a management plan is in place that there will be no general public access offered. That it will be under the control of the City until a management plan provides full public access." Mr. Hunt responded he believes so; however, he has never been part of the negotiations as there have been no funds to pay him. He stated it is within the purview of Council to decide whether or not and how to continue the project. Mr. Hunt stated he does • not want to discourage Council from doing something positive, and it is Council's job to provide service to the public. He said it is the City Attorney's job to manage risk for the City, and the risk must be managed affirmatively and proactively. Mr. Hunt stated it would be safe to restrict access to ongoing governmental broadcasts, and Council should instruct staff and fund guideline development. Councilmember Peirce stated Channel 54 can continue for another six months while guidelines are developed, and no other public access tapes will be accepted. Mayor Novak opened the hearing to public comment. Steve Mathieu stated the Public Works Advisory Board approved airing rules twice, which are very specific about defining community events; the City is protected by these rules. Roz Rogoff said Channel 54 is not a City station but a citizens' station, and she does not believe it should be under City control. Ms. Phillips asked to yield her three minutes to Mr. Mathieu, according to Robert's Rules of Order. Diane Ludin expressed support of community event broadcasting. 0 MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - JANUARY 27, 1997 PAGE 10 • Meredith Bates urged Council to support the Public Works Advisory Board's recommendations and the broadcasting volunteers. Allen Peterson stated the non-profit start-up phase is excruciating, but the process comes together as time goes by. He said Mr. Mathieu is on the right track and unfettered access through a non-profit corporation will be a gift to the City. Colby Crotzer stated only Brown Act, published meetings should be televised. Bill Olson presented two reports on managing public access channels. He said the City will have access to a studio soon, and it is important to keep all options open. Mr. Mathieu noted he is following guidelines proposed by a County consultant in establishing a countywide non-profit corporation. He noted an intern program has been set up for students to produce varied programming and earn school credits. Mayor Novak closed the hearing to public comment. Councilmember Anderson stated he is interested in utilizing another channel for public and education programs. • Councilmember Elliott stated Mr. Mathieu can present more detailed information at a later date when public and educational access is considered by Council. Mayor Novak suggested adoption of the Public Works Advisory Board's recommendations. She suggested Council specify the airing of Brown Act meetings while staff works with the Video Broadcasting Committee to set up guidelines, and liability issues can be addressed. Mr. Hunt stated he has reviewed Mr. Mathieu's copy of Channel 54 interim guidelines and policies, adopted by the Public Works Advisory Board, and there are some easy ways to tweak the material so as not to limit broadcasting to Brown Act meetings. Councilmember Elliott stated he would like to take the following steps tonight: 1) the original tapes should be in City custody, and copies should be provided from the City with a copy at the library; 2) City functions and private functions with City involvement should be recorded; 3) private functions of a public interest are acceptable, except social events where there are invitations; and 4) Council and Planning Commission tapes can serve as a public record until minutes have been completed, and then tapes should be erased and recycled. MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - JANUARY 27, 1997 PAGE 11 • Mr. Hunt stated this meeting becomes official when minutes are adopted, and tapes should be recycled after a reasonable length of time. Councilmember Peters asked if the City would be responsible for copies on request if staff has custody, which would cost both time and money; she noted library copies are supplied without cost. Councilmember Peters stated public access is for the public, and government cannot restrict the public if someone wants to put something on the air; however, Council can maintain control over the government channel. She said the non-profit corporation is organizing to run the other two aspects when they are in place, and the City will not be in a position of liability. Councilmember Peters stated the wording can be changed regarding specific limitations on what can be aired in the next six months. She suggested approval of the six-month extension, providing funds for legal advice, working with the non-profit organization to establish a management program, and limiting programming to the guidelines until the non-profit corporation is in place. Councilmember Peirce stated the guidelines can be endorsed with Mr. Hunt's suggested changes and interns can continue to work, while the door will not be opened to irresponsible public access. • Mayor Novak recapped Council's comments: broadcasting of Brown Act meetings in addition to Mr. Hunt's changes; continuation of the pilot program for six months; a management plan will be designed; tape distribution and programming per Public Works Advisory Board recommendations; and Mr. Hunt will work with Public works and Public Works Advisory Board on the issues. Councilmember Elliott stated the Public Works Advisory Board recommends Council decide what to do about the tapes. He feels a procedure for eliminating tapes after a period of time should be established. Council suggested the following addition to the Channel 54 guidelines, paragraph 6(d): "Additionally, the video Broadcasting Committee will provide the City with copies of other Brown Act meetings' broadcast but not covered by contract. The City will pay for the cost of tapes." Mr. Hunt read his changes to the guidelines: Paragraph 4) Public safety emergency tapes as practical as sponsored by Fire and Police Departments; Paragraph 5) Tapes of community events shall be shown on a first -come, first -served basis as feasible. These community events are currently limited to: a) official school - sponsored events from Morro Bay High School, Del Mar, Morro Elementary Schools, and Los Osos Middle School. Events could • include sports, plays, concerts, festivals, and other official school -sponsored endeavors; b) Officially sponsored City events, MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - JANUARY 27, 1997 PAGE 12 • including Recreation and Parks Department events, including team sports, fishing derby, Rock -to -Pier Run, Easter egg hunt, and Lighted Boat Parade (other endeavors will be struck); c) Specific Chamber events limited to the Fourth of July celebration, Salmon Festival, Harbor Festival, Art in the Park, Easter Bonnet Parade and tourist information tapes; d) Educational tapes generated by the Museum of Natural History and the Morro Bay National Estuary Program. MOTION: Mayor Novak moved the City Council approve the current interim guidelines and policies, as amended by Mr. Hunt; continue operating Channel 54 as an unfunded pilot program for six months; add tape distribution and availability to policies and guidelines to read as a, b, and c in the staff report, with the addition of d, which will state the City will receive a copy of all other Brown Act meeting broadcasts with the City to provide a blank tape; add programming guides to policies and guidelines as per the staff report and Public Works Advisory Board recommendations with regularly scheduled times; to provide City Attorney help to Public Works Director if need be. The motion was seconded by Councilmember Peters and unanimously carried. (5-0) IsMr. Boucher stated the City Attorney should be authorized to work on the item, and some separate vehicle will have to be pursued for his funding. Finance Director Jim Koser stated the City has a contract with the City Attorney and a number of dollars have been budgeted for this type of situation. He said dollars are available in the existing appropriation without charging Public Works directly. Mayor Novak called for a break at 9:18 p.m.; the meeting resumed at 9:40 p.m. D. PUBLIC HEARINGS. REPORTS & APPEARANCES D-1 PRESENTATION BY COUNTY ECONOMIC VITALITY COMMITTEE'S PRESIDENT REGARDING AN ECONOMIC DEVELOPMENT STRATEGY PLAN FOR MORRO BAY, AND CONSIDERATION OF COUNCIL APPOINTMENT TO THE ECONOMIC VITALITY COMMITTEE BOARD OF DIRECTORS - (HOWELL) City Administrator Dave Howell introduced Gregg Goodwin, President/CEO of the Economic Vitality Corporation of San Luis Obispo County. Mr. Goodwin gave an overview of the Revolving Loan Fund Program and the Economic Development Strategic Plan for Morro Bay. He stated block grants are being pursued through the State, and he asked Morro Bay to participate. He said the EVC • will ask for $5,000 from each participating entity at a later date. MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - JANUARY 27, 1997 PAGE 13 • Dr. Susan Cotler of the Economic Vitality Corporation reviewed the goals and functions of the EVC and requested the City Council become a partner and appoint a Councilmember to the Board of Directors. Mayor Novak stated the City has several projects which will require CDBG funding. She asked Ms. Nauman to investigate whether or not potential City monies will be lost if the EVC applies for funds. Mayor Novak said the water reclamation project is an example. She asked why a staff member cannot be used as an alternate on the Board. Dr. Cotler replied the Board is limited to elected officials in order to build a stronger EVC. Mayor Novak asked for an explanation of regional economic development services. Mr. Goodwin responded there are three components: business retention, revolving loan funds, and business recruitment. Mayor Novak stated the $5,000 participation fee cannot come from CDBG funds, according to Page 3, paragraph 1. • Mr. Goodwin responded federal guidelines allow 20°s of a CDBG grant to be used for administrative support unrelated to CDBG program and guidelines. Mayor Novak asked for an explanation of $38,000 for professional services. Dr. Cotler replied a consulting firm was hired in the beginning, and Mr. Goodwin is now staff instead. Mr. Goodwin stated the EVC will probably contract with the County to create its overall Economic Development Plan and the Economic Element of the General Plan. Mayor Novak stated the City has its own Economic Vitality Committee and the two organizations would need to work closely together. She asked what would happen to the loan program if the City does not participate financially. Dr. Cotler responded County funds could still be accessed, but contributing cities will be able to access both County and locally contributed funds. Mr. Goodwin noted City funds could be leveraged against Federal grants through the City's financial contribution. 0 MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - JANUARY 27, 1997 PAGE 14 • Councilmember Anderson stated Community Promotions volunteers are professionals and help the City at no charge, and he feels the payroll for the EVC is already substantial and will be increasing. He said 1997 looks like a lean year with the Highway One closure, and he would like to hear about specific benefits. Mr. Goodwin stated the EVC will not be engaged in direct marketing but will be fostering greater development of destination amenities and venues by inviting developers to take a look. Councilmember Peters stated the City's budget is limited and there are good City committees working on promotions without much funding. She asked how the EVC could help Morro Bay. Mr. Goodwin replied he could provide regional and economic development services in terms of strategic planning, and the EVC will serve as a focal point for the State Trade and Commerce Agency. He said he can assist software companies who wish to move to Morro Bay, and he does not believe the City should be limited to recreation and tourism activities. Councilmember Elliott stated the City Promotions Committee could probably use $5,000, and the City should control its own CDBG • funds. Mayor Novak stated the topic will be brought back for consideration after Council have thought about it and received answers to CDBG questions. Mr. Goodwin stated he is offering to act as a banker for the City and administer CDBG funds, as there is too much paperwork for staff to handle. No further action was taken on this item. B-4 DISCUSSION OF ORDINANCE TO REGULATE ADULT MATERIAL BUSINESSES - (NOVAK) Mayor Novak stated she would like to develop an ordinance restricting adult businesses in certain areas. City Administrator Dave Howell stated there is a public nudity ordinance and there are State Penal Code violations for certain aspects, and other regulations involving adult videos and magazine storage. He said there is nothing on record restricting location of such businesses. Councilmember Anderson asked if the City could utilize another community's regulation as a model instead of creating one. • Mr. Hunt replied affirmatively. MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - JANUARY 27, 1997 PAGE 15 Mayor Novak received Council consensus to bring the issue back on a future agenda. C. NEW BUSINESS C-1 ORDINANCE NO. 454 REVISING WEED ABATEMENT PROGRAM; (SECOND READING/ADOPTION) - (JONES) Fire Chief Jeff Jones introduced Ordinance No. 454 revising the Weed Abatement Program for second reading and adoption. MOTION: Councilmember Peters moved the City Council read Ordinance No. 454 by title and number only and approve by motion. The motion was seconded by Councilmember Elliott and unanimously carried. (5-0) City Administrator Dave Howell read Ordinance No. 454 by title and number only. D-2 REPORT ON MASTER FEE SCHEDULE - MOTER) Finance Director Jim Koser reviewed the Master Fee Schedule for Fiscal Year 1997/98. He recommended the City Council: 1) • increase flat or per unit fees by 2.6% (percentage increase in the CPI) ; 2) continue to authorize use of the full cost hourly rates as updated annually by the cost allocation plan for fees based on staff time; and 3) fees based upon a percentage of valuation be held at Fiscal Year 1996/97 rates with changes effective beginning July 1, 1997. Mayor Novak asked if he was proposing a change from calculating some rates at 80% and instead charging 100% in the section titled Recommended Strategy for Establishing Fiscal Year 1997/98 Fees. Mr. Koser responded he is recommending 100% recovery. Councilmember Peirce asked about the percentage paid to the City if a proposed home building project costs $200,000 including retrofit. Mr. Howell responded building fees would be under $14,000, which is comparatively low compared to other areas. Councilmember Elliott stated there are certain costs associated with doing business as a City, but he questioned some costs regarding signage. He said Proposition 218 was passed because many fees are taxes. Councilmember Elliott stated the Master Fee Schedule is too convoluted, and the City needs to be up front about the cost of doing business. 0 i MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - JANUARY 27, 1997 PAGE 16 Mayor Novak stated some items are too expensive and the last Council cut some cost recovery to 80% instead of 100%. Mr. Koser stated he is looking for direction and this issue will come back for a public hearing. He said he will bring schedules with both existing and proposed fees. Councilmember Peters stated she will not support raising flat fees in those instances where nothing has changed as far as administrative costs are concerned. Mr. Koser stated the State Constitution prohibits the City from charging more than it costs to provide service, and fees are designed to recover costs on services benefitting either individuals or businesses. He said 2.6% is an attempt to break even, and hourly rates are related to situations encountered by either the Fire Department or the Public Works Department. Mayor Novak received consensus from Council on the recommended strategy as a starting point. No further action was taken on this item. F. ADJOURNMENT The meeting adjourned at 11:15 p.m. Recorded by: Bridgett Bauer City Clerk NOTICE OF SPECIAL MEETING NOTICE IS HEREBY GIVEN that a Special Meeting of the Morro Bay City Council is hereby called to be held on Thursday, January 23, 1997 at 6:00 p.m. in the Morro Bay City Hall Conference Room, 595 Harbor Street, Morro Bay, California. Council will be conducting interviews to fill vacancies on various City Advisory Boards and Commissions. DATED: January 17, 1997 • Bridgett B er, City Clerk City of Mo o Bay, California W MINUTES - MORRO BAY CITY COUNCIL SPECIAL MEETING - JANUARY 23, 1997 VETERANS MEMORIAL HALL - 6:00 P.M. Mayor Novak called the meeting to order at 6:00 p.m. PRESENT: Cathy Novak Rodger Anderson Dave Elliott William Peirce Janice Peters ABSENT: None Mayor Councilmember Councilmember Councilmember Councilmember STAFF: Dave Howell City Administrator The City Council conducted a public meeting in order to interview applicants to fill vacancies on the various City advisory boards and commissions. The interviews took place between 6:00 p.m. - 9:00 p.m.; Council then discussed appointments based on the interviews, and made the following appointments: PLANNING COMMISSION FJ Ernest Berg Stephen Carnes Wallace McCray RECREATION & PARKS COMMISSION Johnny Munoz Karen Robert Leabah Winter Smith Held Dean Tyler James Wood The meeting adjourned at 11:05 p.m. • PUBLIC WORKS ADVISORY BOARD John Butler Bill Olson Ann Patton Steve Woodward COMMUNITY PROMOTIONS COMMITTEE Therese Vannier John Woodruff John Zaver 1 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 - JANUARY 13, 1997; 5:00 P.M. CLOSED SESSION - JANUARY 13, 1997 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. ♦ WALTON v. CITY OF MORRO BAY, San Luis Obispo Superior Court Case Number CV 78992. • 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 THREE (3) PARCELS. ♦ PROPERTY: LEASE SITE 68-68W; HARBOR CENTER NEGOTIATING PARTIES: HARBOR DIRECTOR ON BEHALF OF CITY; HELD FAMILY TRUST, LESSEE/BARBARA HAMILTON, PROPOSED SUBLESSEE. NEGOTIATIONS: APPROVAL OF SUBLEASE. ♦ PROPERTY: LEASE SITE 68-68W; HARBOR CENTER NEGOTIATING PARTIES: HARBOR DIRECTOR ON BEHALF OF CITY; HELD FAMILY TRUST, LESSEE/CRILL'S TAFFY NO. 2 AND POPPY'S, RICHARD AND BARBARA STRASSEL, PROPOSED SUBLESSEES. NEGOTIATIONS: APPROVAL OF SUBLEASE. ♦ PROPERTY: LEASE SITE 93-95/93W-95W; HARBOR HUT, INC. NEGOTIATING PARTIES: HARBOR DIRECTOR ON BEHALF OF CITY; GEORGE LEAGE, HARBOR HUT, INC., LESSEE. NEGOTIATIONS: NEW 30-YEAR LEASE. CS-3 GOVERNMENT CODE SECTION 54956; PERSONNEL ISSUE DISCUSSION REGARDING POSSIBLE SETTLEMENT IN THE WORKER'S COMPENSATION CLAIM INVOLVING RETIRED POLICE OFFICER; 40 (WENZEL) • PUBLIC SESSION - JANUARY 13, 1997 VETERANS MEMORIAL HALL - 6:00 P.M. 209 SURF ST., MORRO BAY, CA ROLL CALL PRAYER PLEDGE OF ALLEGIANCE THOUGHT FOR THE DAY MAYOR AND COUNCILMEMBERS ANNOUNCEMENTS & PRESENTATIONS PUBLIC COMMENT PERIOD - Members of the audience wishing to address the Council on City business matters (other than Public Hearing items under Section D) 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 MINUTES FOR THE SPECIAL MEETING OF DECEMBER 3, 1996 AND THE REGULAR MEETING OF DECEMBER 9, 1996 - (BAUER) RECOMMENDATION: APPROVE AS SUBMITTED. A-2 ANNUAL REPORT ON DESTINATION 2000 - (HOWELL) RECOMMENDATION: RECEIVE REPORT. A-3 RESOLUTION NO. 03-97 APPROVING SUBLEASE AGREEMENT ON LEASE SITE 68-68W; BARBARA HAMILTON - (ALGERT) RECOMMENDATION: APPROVE SUBLEASE. A-4 RESOLUTION NOS. 04-97 AND 05-97 APPROVING SUBLEASE AGREEMENTS FOR LEASE SITE 93-95/93W-95W - (ALGERT) RECOMMENDATION: APPROVE SUBLEASE. A-5 RESOLUTION NO. 06-97 APPROVING 30-YEAR LEASE AGREEMENT FOR • LEASE SITE 122-123/122W-123W; HARBOR HUT, INC. - (ALGERT) RECOMMENDATION: APPROVE LEASE AGREEMENT. A-6 RESOLUTION NO. 02-97 ADOPTING EXEMPTION FROM CONGESTION MANAGEMENT PROGRAM - (BOUCHER) APPROVE AND INSTRUCT MAYOR TO SIGN EXEMPTION. A-7 RESOLUTION NO. 01-97 ACCEPTING PUBLIC IMPROVEMENTS FOR NORTH POINT SUBDIVISION; TRACT 2110 - (BOUCHER) RECOMMENDATION: ACCEPT ON- AND OFF -SITE PUBLIC IMPROVEMENTS. A-8 RESOLUTION NO. 08-97 ACCEPTING THE CALIFORNIA COASTAL COMMISSION MODIFICATIONS TO MORRO BAY LCP AMENDMENT 3-95 - (NAUMAN) RECOMMENDATION: ACCEPT MODIFICATIONS TO LCP AMENDMENT 3-95. B. PUBLIC HEARINGS, REPORTS & APPEARANCES B-1 REVIEW OF FEASIBILITY OF PUBLIC/PRIVATE PARTNERSHIP CONCERNING HOTEL/ RESTAURANT PARKING DEVELOPMENT TO BENEFIT DOWNTOWN AND EMBARCADERO - (NAUMAN) • RECOMMENDATION: RECEIVE PRESENTATION AND PUBLIC INPUT, AND DIRECT STAFF ACCORDINGLY. B-2 ORDINANCE NO. 454 REVISING WEED ABATEMENT PROGRAM; FIRST READING/INTRODUCTION - (JONES) RECOMMENDATION: ADOPT ORDINANCE 454 BY TITLE AND NUMBER ONLY FOR FIRST READING AND INTRODUCTION. C. UNFINISHED BUSINESS C-1 RESOLUTION NO. 07-97 ADOPTING SUPPLEMENTAL APPROPRIATION FOR FISCAL YEAR 1995/96 - (KOSER) RECOMMENDATION: ADOPT SUPPLEMENTAL APPROPRIATION FOR FISCAL YEAR 1995/96. D. NEW BUSINESS D-1 REPORT ON PROPOSITION 218 IMPACTS ON CITY - (KOSER) RECOMMENDATION: RECEIVE REPORT AND DIRECT STAFF ACCORDINGLY. D-2 DISCUSSION OF REVISIONS TO PARKING STANDARDS; CHAPTER 17.44 OF THE MORRO BAY MUNICIPAL CODE - (ANDERSON) 0 RECOMMENDATION: DISCUSS AND DIRECT STAFF ACCORDINGLY. • E. ADJOURNMENT THIS AGENDA IS SUBJECT TO AMENDMENT UP TO 72 HOURS PRIOR TO THE DATE AND TIME SET FOR THE MEETING. PLEASE REFER TO THE AGENDA POSTED AT CITY HALL FOR ANY REVISIONS OR CALL THE CLERK'S OFFICE AT 772-6200 FOR FURTHER INFORMATION. COPIES OF STAFF REPORTS OR OTHER PUBLIC DOCUMENTATION RELATING TO EACH ITEM OF BUSINESS REFERRED TO ON THIS AGENDA ARE ON FILE IN THE OFFICE OF THE CITY CLERK AND AVAILABLE FOR PUBLIC INSPECTION AND REPRODUCTION AT COST AT CITY HALL, LIBRARY, AND MILLS STATIONERY. IN COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT, IF YOU NEED SPECIAL ASSISTANCE TO PARTICIPATE IN A CITY MEETING, PLEASE CONTACT THE CITY CLERK'S OFFICE AT LEAST 24 HOURS PRIOR TO THE MEETING TO INSURE THAT REASONABLE ARRANGEMENTS CAN BE MADE TO PROVIDE ACCESSIBILITY TO THE MEETING. • • MINUTES - MORRO BAY CITY COUNCIL CLOSED SESSION - JANUARY 13, 1997 CITY HALL CONFERENCE ROOM - 5:00 P.M. Mayor Novak called the meeting to order at 5:00 p.m. PRESENT: ABSENT: STAFF CLOSED SESSION Cathy Novak Rodger Anderson Dave Elliott William Peirce Janice Peters None Dave Howell David Hunt Mayor Councilmember Councilmember Councilmember Councilmember City Administrator City Attorney MOTION: Councilmember Peirce moved the meeting be adjourned to Closed Session. The motion was seconded by Councilmember Elliott and unanimously carried. (5-0) Mayor Novak read the Closed Session statement. CS-1 GOVERNMENT CODE SECTION 5495.6_._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. ♦ WALTON v. CITY OF MORRO BAY, San Luis Obispo Superior Court Case Number CV 78992. 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 THREE (3) PARCELS. ♦ PROPERTY: LEASE SITE 68-68W; HARBOR CENTER NEGOTIATING PARTIES: HARBOR DIRECTOR ON BEHALF OF CITY; HELD FAMILY TRUST, LESSEE/BARBARA HAMILTON, PROPOSED SUBLESSEE. NEGOTIATIONS: APPROVAL OF SUBLEASE. ♦ PROPERTY: LEASE SITE 68-68W; HARBOR CENTER NEGOTIATING PARTIES: HARBOR DIRECTOR ON BEHALF OF CITY; HELD FAMILY TRUST, LESSEE/CRILL'S TAFFY NO. 2 AND POPPY'S, RICHARD AND BARBARA STRASSEL, PROPOSED SUBLESSEES. NEGOTIATIONS: APPROVAL OF SUBLEASE. • • ♦ PROPERTY: LEASE SITE 93-95/93W-95W; HARBOR HUT, INC. NEGOTIATING PARTIES: HARBOR DIRECTOR ON BEHALF OF CITY; GEORGE LEAGE, HARBOR HUT, INC., LESSEE. NEGOTIATIONS: NEW 30-YEAR LEASE. CS-3 GOVERNMENT CODE SECTION 54956; PERSONNEL ISSUE DISCUSSION REGARDING POSSIBLE SETTLEMENT IN THE WORKER'S COMPENSATION CLAIM INVOLVING RETIRED POLICE OFFICER; (WENZEL) The meeting adjourned to Closed Session at 5:00 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 Peters and unanimously carried. (5-0) The meeting adjourned at 5:55 p.m. MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - JANUARY 13, 1997 VETERANS MEMORIAL HALL - 6:00 P.M. Mayor Novak called the meeting to order at 6:00 p.m. PRESENT: Cathy Novak Rodger Anderson Dave Elliott William Peirce Janice Peters ABSENT: None STAFF: Dave Howell David Hunt Rick Algert Bridgett Bauer Bill Boucher Jeff Jones Jim Koser Joe Loven Andrea Lueker Shauna Nauman Mayor Councilmember Councilmember Councilmember Councilmember City Administrator City Attorney Harbor Director City Clerk Public Works Director Fire Chief Finance Director Police Chief Recreation and Parks Director Interim Planning Director Invocation led by Pastor David Grinder of the E1 Morro Church of the Nazarene. Councilmember Anderson led the Pledge of Allegiance. is MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - JANUARY 13, 1997 PAGE 3 • Mayor Novak shared a "Thought for the Day". MAYOR'S REPORTS & ANNOUNCEMENTS City Attorney David Hunt noted actions taken in Closed Session should be reported under the Brown Act. He reported $30,000 will be paid to settle a Worker's Compensation claim for Bonnie Wenzel, as the result of a 5-0 vote. Mayor Novak presented Councilmember Peters with a Certificate of Appointment to the City Council. Mayor Novak presented Harbor Patrolmen Tom Kellerman and Mark Dorman with Certificates of Appreciation for their heroic efforts in the rescue of Barry Toole when his boat, the Rhonda Lynn, sank between Morro and Constantine rocks on December 14, 1996. Mayor Novak made the following announcements: A Teen Kick Out was held recently at the Community Center for 101 seventh and eighth graders. She said the gathering will be held monthly to provide teen entertainment. The agenda format has been changed to provide more information. Fire Chief Jeff Jones has been accepted to the Fire Chiefs • Association. The Police Department has received a $4,000 grant to purchase equipment for the Police Explorer Program. Police Department volunteers are commended for offering rides home to people on New Year's Eve. Councilmember Peters announced a second public meeting will be held regarding PEG access Channel 54; she attended the first meeting and asked to be Council liaison. Councilmember Peters stated she attended the Foundation for Community Design Conference on January llth which was very informative; she quoted some of the speakers. Councilmember Anderson announced he has been trying to obtain information on the Highway 1 closure, which is resulting in a negative financial impact on the City. He encouraged citizens to contact their representatives and express their concerns. PUBLIC COMMENT Jeff Odell presented Council with copies of both the California and United States Constitutions. He noted these documents kept him out of a lot of trouble when he was a Councilmember. • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - JANUARY 13, 1997 PAGE 4 • Ric Deschler stated the speed limit on Highway 1 has been increased to 65 mph, which is contrary to safety issues raised by the City; he asked the Council to investigate the negative consequences of this action. Peggy Koteen, Atheists United of SLO, spoke against opening Council meetings with invocations because of separation of church and state issues. Nancy Bast stated controversial issues continue to be placed on the Consent Calendar, such as Item A-5 (Resolution No. 06-97 Approving 30-Year Lease Agreement for Lease Site 122-123W; Harbor Hut, Inc.) . She said the award of this lease is a reward for campaign support, because of low rent and long terms. Ms. Bast also noted the three -minute rule for public comment stifles public participation. Mayor Novak responded Consent Calendar Item A-5 will be pulled from the agenda. Chris Bates, Blue Heron Terrace resident, addressed CUP 18-94/CDP 31-94, which is a request to build a third level on the side of Black Hill to enlarge the mobilehome park. She said there were several stipulations for final approval and those have not been met. Ms. Bates stated the owner has not paid his share of the new driveway, and existing discrepancies have not been corrected. • She said Cannon Associates surveyed the upper level area in 1995, but the study is not available to the public. Ms. Bates noted both the Planning Commission and Fire Department have expressed concern about fire equipment entrance and egress. She said tenants have petitioned the Planning Commission to stop the planned development, as the area is subject to slides and insurance is not available. Harold Halakinan provided a few quotes regarding separation of church and state and expressed his disapproval of opening prayers. Colby Crotzer expressed his opposition to opening prayers stating public prayers indicate insensitivity to minority opinions. He requested Council supply a public agenda packet at Garner's Office Supply. Mr. Crotzer stated large in -kind political contributions lend the appearance of impropriety, and he suggested public trust lands be open to public bidding. Roz Rogoff expressed her concern about the Highway 1 closure to the north, and she hopes Council can pressure authorities to repair the area quickly. She said all the local communities should band together because of potential loss of tourist trade. Ms. Rogoff stated an organization is forming to take over Channel 54 and other City public communications, and she urged citizens • to attend the public meetings. MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - JANUARY 13, 1997 PAGE 5 • Mayor Novak stated the Caltrans director attended the SLOCOG meeting last week and said the closed area is in Monterey County and is too dangerous to investigate at this time. Bob Ladd spoke in opposition to opening Council meetings with Christian prayer as it is a violation of the State Constitution. Wallace McCray encouraged citizens to contact the Public Works Department regarding the "Adopt -a -Tree" Program. Harry Rogers stated prayer is not religion but invocation and this City could use a miracle. Margie George requested Consent Calendar Items A-4 and A-5 be pulled from the Consent Calendar. She said a court hearing on these issues will be held in Los Angeles on February 3rd. Ms. George stated the City Attorney's opinion in these issues is erroneous. Mayor Novak closed the hearing to public comment. DECLARATION OF FUTURE AGENDA ITEMS - NONE. A. CONSENT CALENDAR Unless an item is pulled for separate action by the City Council, the following actions are approved without discussion. A-1 MINUTES FOR THE SPECIAL MEETING OF DECEMBER 3, 1996 AND THE REGULAR MEETING OF DECEMBER 9, 1996 - (BAUER) Mr. Howell recommended Council approve the minutes as submitted. A-2 ANNUAL REPORT ON DESTINATION 2000 - (HOWELL) Mr. Howell recommended Council receive the report. A-3 RESOLUTION NO. 03-97 APPROVING SUBLEASE AGREEMENT ON LEASE SITE 68-68W; BARBARA HAMILTON - (ALGERT) Mr. Howell recommended Council approve Resolution No. 03-97. A-4 RESOLUTION NOS. 04-97 AND 05-97 APPROVING SUBLEASE AGREEMENTS FOR LEASE SITE 93-95/93W-95W - (ALGERT) Mr. Howell recommended Council approve Resolution Nos. 04-97 and 05-97. • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - JANUARY 13, 1997 PAGE 6 • A-5 RESOLUTION NO. 06-97 APPROVING 30-YEAR LEASE AGREEMENT FOR LEASE SITE 122-123/122W-123W; HARBOR HUT, INC. - (ALGERT) Mr. Howell recommended Council pull this item from the agenda. A-6 RESOLUTION NO. 02-97 ADOPTING EXEMPTION FROM CONGESTION MANAGEMENT PROGRAM - (BOUCHER) Mr. Howell recommended Council approve and instruct Mayor to sign the exemption. A-7 RESOLUTION NO. 01-97 ACCEPTING PUBLIC IMPROVEMENTS FOR NORTH POINT SUBDIVISION; TRACT 2110 - (BOUCHER) Mr. Howell recommended Council approve Resolution No. 01-97. A-8 RESOLUTION NO. 08-97 ACCEPTING THE CALIFORNIA COASTAL COMMISSION MODIFICATIONS TO MORRO BAY LCP AMENDMENT 3-95 - (NAUMAN) Mr. Howell recommended Council approve Resolution No. 08-97. Councilmember Peters pulled Item A-2. Mayor Novak pulled Items A-4 and A-5. MOTION: Mayor Novak moved the City Council approve the Consent Calendar with the exceptions of Items A-2, A-4, and A- 5. The motion was seconded by Councilmember Peters and unanimously carried. (5-0) A-2 ANNUAL REPORT ON DESTINATION 2000 - (HOWELL) Councilmember Peters stated most of Destination 2000 goals are being actively pursued. She said only the industry section is lagging, and more outreach is needed to attract small industries. MOTION: Councilmember Peters moved the City Council approve the Annual Report on Destination 2000. The motion was seconded by Councilmember Anderson and unanimously carried. (5-0) A-4 RESOLUTION NOS. 04-97 AND 05-97 APPROVING SUBLEASE AGREEMENTS FOR LEASE SITE 93-95/93W-95W - (ALGERT) Councilmember Anderson stated he is stepping down from action on this item as the property is next to his parents' lease site. MOTION: Mayor Novak moved the City Council approve Resolution Nos. 04-97 and 05-97 approving sublease agreements for Lease Site 93-95/93W-95W. The motion was seconded by 40 Councilmember Elliott and unanimously carried. (4-0-1) MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - JANUARY 13, 1997 PAGE 7 • Councilmember Peters asked City Attorney David Hunt for clarification on Ms. George's statement regarding his opinion on this matter. City Attorney David Hunt responded a motion has been filed to hear this case in Bankruptcy Court in February, and it is his opinion there is no merit to the George's arguments. Councilmember Anderson resumed his seat with the City Council. B. UNFINISHED BUSINESS B-1 REVIEW OF FEASIBILITY OF PUBLIC/PRIVATE PARTNERSHIP CONCERNING HOTEL/RESTAURANT PARKING DEVELOPMENT TO BENEFIT DOWNTOWN AND EMBARCADERO - (NAUMAN) Acting Planning Director Shauna Nauman introduced Jesse Norris, owner of Brannigan's Reef and the parking lot across from Dorn's Restaurant, Brannigan's Reef Restaurant, and the parking lot behind Breakers Motel. Mr. Norris stated he was contacted by the City to see if a partnership could be formed to provide parking for both the Embarcadero and downtown. He introduced Rob Strong of Strong Planning Services and Jerry Hempenius. Mr. Strong presented a concept for a public/private partnership • for a project which would reconfigure on -street parking, narrow travel lanes, and require reconstruction of existing curbs, gutters and sidewalks. He also proposed an underground parking garage which would approximately double the existing 111 parking spaces located on city streets. Mr. Strong noted his presentation is intended as a conceptual discussion, and there are no fiscal impacts at this time. Mr. Hempenius addressed Council regarding the potential of a conference center which would include motel rooms and a restaurant. Councilmember Peters asked if geological studies have been performed. Mr. Strong responded there have not been site -specific geology studies, but other bluff studies indicate a stable area underneath. He said there is a full-scale set of plans at the Community Development Department, and the elevation on Market Avenue to the platform will require 14 feet clearance. Mr. Strong stated the total height would be 34 feet from Market Avenue, and noted closure of Market Avenue would drop the elevation to 14 feet. Councilmember Anderson asked Fire Chief Jeff Jones about the use • of Market Avenue. • r1L LJ MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - JANUARY 13, 1997 PAGE 8 Chief Jones responded Market Avenue can be eliminated as a Fire Department response route. Councilmember Anderson stated there is potential harm to Breakers Motel, and asked if there could just be one floor of hotel rooms. Mr. Strong responded 50 units is marginally feasible, but placement of 100 rooms is flexible. He said more rooms could be placed on the inland side, but they would not be as desirable as view rooms. Councilmember Anderson stated he has been pushing hard for a long time to gain more parking, and he would be willing to trade a moderate increase in height for additional parking. He suggested perhaps two-story units could face the parking lot and one-story units could face Breakers. Mr. Hempenius stated there are economies of scale in hotel operation and 50 units probably would not make the grade, as there is quite a bit of infrastructure to develop. He said conference room facilities and an on -site restaurant will require 100 plus units, and there is the possibility of franchising the hotel. Councilmember Peirce stated the idea of providing parking close to the Embarcadero without looking like a parking structure is innovative and interesting. Councilmember Peters stated she would be more amendable if the front level was reduced with hotel rooms in the back. She said the back building on Market Avenue would have the premium view, because Brannigan's blocks the view at this time. Councilmember Peters stated the additional hotel units should be placed behind the unit facing west on Market, and both the City's and applicants' goals would be achieved. Mayor Novak opened the hearing to public comment. Harry Rogers stated civic leaders who are pulling their towns out of poor financial straits are open-minded, aggressive, and imaginative in creating revenues from out-of-town tax dollars. He said towns who get ahead in the future will do so because of projects such as this, and he believes Council is on the right track by presentation to the public in the early stages. Anne Patton stated she appreciates hearing about this project early so there will be no surprises. She said she feels this project can be a link between Old Town and the Embarcadero, and applauded the developers for their approach. MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - JANUARY 13, 1997 PAGE 9 • Walter Craig stated the concept is extremely positive and intellectualism has arrived. He said he would like the planner to present some three-dimensional graphics for the public to more easily understand. Mr. Craig stated he particularly likes the idea of incorporating Old Town with the Embarcadero. Ric Deschler stated this was a great deal of information presented in a brief moment. He feels it would be beneficial to schedule another public hearing after the newspaper publishes some concept drawings and information about this project. Meredith Bates addressed the convention center idea, stating she would like a community media center with a theater, computers, and citizen productions. Mayor Novak closed the hearing to public comment. Councilmember Elliott stated it is about time the community thinks ahead, and more parking along with a conference center are facilities the City has lacked for a long time. He said the link to downtown and Morro Bay Boulevard is key, but he does question excess height and City costs. Councilmember Anderson stated he is excited about the project, and it sounds as if there can be compromises concerning the height issue. He feels linking Embarcadero and Old Town and • parking solutions are both important assets. Councilmember Peters envisioned the plaza area in Monterey which links its downtown to the wharf, and she thought how beneficial it would be to do the same type of project here. Mayor Novak stated further exploration is desirable. No further action was taken on this item. B-2 ORDINANCE NO. 454 REVISING WEED ABATEMENT PROGRAM; FIRST READING/INTRODUCTION - (JONES) Fire Chief Jeff Jones reviewed the revisions to the Weed Abatement Program which will streamline the existing process and allow the Fire Department to choose from two different enforcement tools to abate weeds and rubbish within the City. He said it will also reduce the overall impact of weed abatement to property owners by eliminating the requirement to remove cut material from the cleared lots, and by defining parameters for cutting large lots. Chief Jones stated this revised program will place the ultimate responsibility onto the property owner, allowing for citation in the event someone fails to abate their hazard. He recommended the City Council approve these revisions by adopting Ordinance No. 454 for first reading and introduction. MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - JANUARY 13, 1997 PAGE 10 Councilmember Elliott stated the issue covers more than weeds and includes rubbish, flammable materials, and more. He asked if residences with the first floor stacked high with litter, debris, and newspapers stacked high on the outside are also under discussion. Chief Jones responded this ordinance will roll all those items into one, and enforcement has been accomplished through the fire code and individual letters. He said all properties are affected, but this is no different from procedures already conducted. Councilmember Elliott stated weed abatement, in the past, is something the Fire Department went out and looked for. He said he is referring to properties which would be referred on a complaint basis. Chief Jones replied the department responds on a complaint basis, and weed abatement notices will be included with water bills. He said the department's overall goal is to reduce fire hazards. Councilmember Elliott stated this is a safety issue, and the focus is shifting from getting the work done to issuing citations and going to court. He said more time will pass between first notice issuance and a court decision, and he is concerned about the safety issue. • Chief Jones responded 600 letters were sent in 1996, and 47 lots were abated. He said the big motivator is providing the assessor with charges by a date certain, and there is little opportunity to work directly with property owners. Chief Jones stated the existing system will be left intact and citations added as a preferred option, which allows the department something to fall back on in case of an owner's refusal to comply. Councilmember Elliott asked how these cases would be handled by the courts. Chief Jones responded citations would be handled like infractions. Councilmember Anderson stated the ordinance refers primarily to vacant lots which require annual mowing, and those lots do not receive water bills. Chief Jones responded water bills will handle improved property and the department will furnish notices to vacant lot owners. Councilmember Anderson asked if the letters will contain the same information as they have in the past. Chief Jones responded a list of contractors will be provided, . along with a date the work has to be completed. MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - JANUARY 13, 1997 PAGE 11 WCouncilmember Anderson asked about the 30c overhead savings. Chief Jones responded the 30o is lost not saved, because lots cut by the City's contractor gain a 300- administrative fee on top of other charges. He said this revenue will be lost; however, this approach will be more user-friendly and less labor intensive for staff. Councilmember Anderson asked if the fee could still be levied if the lot owner does not comply. Chief Jones answered affirmatively. Councilmember Peirce asked if property owners will save money because they will be required to perform the work. Chief Jones replied City -hired contractors are bonded and insured and required to cut lots to City standards, and there is little enforcement for non -City hired contractors, and in many cases cuttings have been left on the lots. He said the issue of how expensive City contractors are will come before Council in the near future, and the Fire Department will be removed from the landscaping business and into the position of placing responsibility on property owners. Mayor Novak stated it has been difficult in the past to set the prices between City and non -City contractors. She opened the hearing to public comment. Lila Milneck stated bid packages used to go out for City contractors, and she asked if this would no longer be the case. Mayor Novak responded vacant lot owners would be furnished with a list of contractors, but it would be the City's last resort to hire a contractor. Mayor Novak closed the hearing to public comment. She stated the first option would not require any kind of bid process, and a contractor would cut the weeds only when an owner refuses to take action. Councilmember Anderson stated the proposed revisions will allow lot owners to find less expensive contractors. Councilmember Elliott stated this method is cleaner and much more streamlined, and the work will get done much faster. He said it is clear notice will be given, there is an appeal process to Council, and then a citation will be issued. Councilmember Peters stated this method is more efficient and retains Fire Department ability to remove fire hazards. MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - JANUARY 13, 1997 PAGE 12 Councilmember Peirce stated the City should not be in the mowing business. Mayor Novak stated this is a major step in the right direction and the Fire Department will be more user-friendly. MOTION: Councilmember Anderson moved the City Council read Ordinance 454 by title and number only, approve the first reading of Ordinance 454, and direct staff to return the matter to the January 27, 1997 City Council meeting for second reading and adoption. The motion was seconded by Councilmember Elliott and unanimously carried. (5-0) City Administrator Dave Howell read Ordinance 454 by title and number only. Mayor Novak called for a break at 7:50 p.m.; the hearing resumed at 8:08 p.m. C. NEW BUSINESS C-1 RESOLUTION NO. 07-97 ADOPTING SUPPLEMENTAL APPROPRIATION FOR FISCAL YEAR 1995/96 - (KOSER) Finance Director Jim Koser stated Resolution No. 07-97 will correct a technical flaw noted in the Fiscal Year 1995/96 audit report. He noted the funds in question have been expended or received as revenue in the prior year and no additional future spending will be authorized by the approval of this resolution. Mayor Novak stated great leaps forward toward correcting previous problems have been taken, and the new computer system will make tracking easier. MOTION: Councilmember Peirce moved the City Council approve Resolution No. 07-97 adopting supplemental appropriation for Fiscal Year 1995/96. The motion was seconded by Councilmember Elliott and unanimously carried. (5-0) Councilmember Peters noted she discussed this matter with Mr. Koser in detail, and all errors were procedural; however, this is a wake-up call for department heads to make sure all items go into the proper funds. She said audit problems are created when department heads wait until the end of the fiscal year to make corrections. Councilmember Peters stated Council should specify fund allocation in the conditions, so placement is correct. a MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - JANUARY 13, 1997 PAGE 13 Councilmember Elliott stated proper allocation is an administrative function. He said it is fortunate this is a small community, otherwise the situation may never have been uncovered. Councilmember Elliott stated there were a lot of unanticipated expenses, and he feels City personnel are doing an outstanding job. He said the City should be praised for catching errors, and it is unfortunate the public perceived wrongdoing. D. PUBLIC HEARINGS. REPORTS & APPEARANCES D-1 REPORT ON PROPOSITION 218 IMPACTS ON CITY - (KOSER) Finance Director Jim Koser reviewed the potential impacts which may be imposed by the passage of Proposition 218 which places new restrictions on local government's ability to raise revenues and respond efficiently to changes in local service requirements. City Attorney David Hunt stated this City is fortunate to be in a very strong legal position with respect to Proposition 218 and the legal risk is absolutely minimal. He said Proposition 218 was passed to close loopholes which were sought out and created for City finances post -Proposition 13. Mr. Hunt stated Proposition 218 language is aimed at larger cities who created fees for special funds and then borrowed against them to operate general funds. • Mayor Novak asked Mr. Koser about emergency situations requiring a unanimous approval by the governing body to permit an election in an off year. Mr. Koser responded this is a gray area not addressed by the text of Proposition 218. He said an emergency would exist if all members of the Council agreed it did. Mr. Hunt said emergency should be defined as it is in other places in the general laws of the State. He said a major catastrophic event would constitute an emergency. Councilmember Elliott stated Proposition 218 passed because governments find sources of revenue and do not call them taxes. He stated the public needs to understand necessary City costs, and Council needs to be straightforward in its communication with the public. Councilmember Peters asked Mr. Koser about the downgrading of municipal bonds and its effect on Morro Bay. Mr. Koser responded there will be an impact on every city. He said investors perceive a greater risk and will want to be compensated for the risk. He noted higher interest rates will result from this downgrade, and all cities and taxpayers will pay directly or indirectly. MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - JANUARY 13, 1997 PAGE 14 MOTION: Councilmember Peters moved the City Council accept the report on Proposition 218 impacts on the City. The motion was seconded by Councilmember Anderson and unanimously carried. (5-0) D-2 DISCUSSION OF REVISIONS TO PARKING STANDARDS; CHAPTER 17.44 OF THE MORRO BAY MUNICIPAL CODE - (ANDERSON) Councilmember Anderson stated he requested to revisit the Embarcadero parking situation. He said the previous Council chose to try a voluntary approach to the problem, which entailed notifying Embarcadero businesses to ask their employees to free up spaces. Councilmember Anderson noted this approach has not been very successful. Mayor Novak stated there are other issues besides parking time limits, and it is necessary to look into future planning, such as vacant lots used as satellite parking and more trolley service. Councilmember Anderson stated he is still waiting for the Parking Master Plan, which has been in the works for the past 20 years. He agrees long-range planning is necessary; however, he would like to look at all the issues, and pull out certain ones which need action and put others on the back burner. • Councilmember Elliott stated all the issues should be examined together, and the proposed Norris project may provide some solutions. He understands Councilmember Anderson's concern is more immediate, but he does not want to provide piecemeal solutions. Councilmember Peirce stated simple solutions include parking meters or time limits, but band -aid approaches will result in much opposition. He said he would rather look at the whole concept, and the parking issue is one of how and where. Mayor Novak requested staff provide the revised Chapter 17.44 to Council so the revisions can be studied. No further action was taken on this item. F. Mayor Novak adjourned the meeting to Closed Session at 9:05 p.m. Recorded by: •. / Bridget Bauer City Clerk