Loading...
HomeMy WebLinkAboutJanuary - December® NOTICE OF EMERGENCY CITY COUNCIL MEETING NOTICE IS HEREBY GIVEN that the Morro Bay City Council will be holding an Emergency Meeting on Monday, December 22, 2003 at 5:00 p.m. to be held in the Morro Bay Community Center, 1001 Kennedy Way, Morro Bay, California. The City Council will receive a status briefing regarding he Earthquake of December 22, 2003, and will be considering ratifying the declaration of a local emergency. DATED: December 22, 2003 ® Bridgett Bauer, City Clerk By: / Ardith Davis; Deputy City Clerk 1 ® MINUTES — MORRO BAY CITY COUNCIL EMERGENCY MEETING — DECEMBER 22, 2003 MORRO BAY COMMUNITY CENTER — 5:00 P.M. 11 E Mayor Yates called the meeting to order at 5:00 p.m PRESENT: William Yates Mayor William Peirce Councilmember Janice Peters Councilmember Betty Winholtz Councilmember ABSENT: Dave Elliott STAFF: Robert Hendrix Jeff Jones Bruce Ambo Ardith Davis Councilmember City Manager Fire Chief Public Services Director Deputy City Clerk There were several announcements made by Mayor Yates. City Manager Bob Hendrix and Fire Chief Jeff Jones provided updates on damage sustained in Morro Bay due to the earthquake. MOTION: Councilmember Peirce moved the City Council approve the signing of the Declaration of Local Emergency by the Director of Emergency Services relating to the Earthquake of December 22, 2003. The motion was seconded by Councilmember Peters and carried unanimously. (4-0) The meeting adjourned at 5:20 p.m. ® City of Morro Bay City Council Agenda Mission Statement The City of Morro Bay is dedicated to the preservation and enhancement of the quality of life. The City shall be committed to this purpose and will provide a level of municipal service and safety consistent with and responsive to the needs of the public. REGULAR MEETING — DECEMBER 8, 2003 VETERANS MEMORIAL HALL - 6:00 P.M. 209 SURF ST., MORRO BAY, CA ESTABLISH QUORUM AND CALL TO ORDER MOMENT OF SILENCE PLEDGE OF ALLEGIANCE 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. • The Council respectfully requests that you refrain from making slanderous, profane or personal remarks against any elected official, commission and/or staff. • Please refrain from public displays or outbursts such as unsolicited applause, comments or cheering. • Any disruptive activities that substantially interfere with the ability of the City Council to carry out its meeting will not be permitted and offenders will be requested to leave the meeting. • Your participation in City Council meetings is welcome and your courtesy will be appreciated. ® In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the City Clerk, (805) 772-6205. Notification 72 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. COUNCIL DECLARATION OF FUTURE AGENDA ITEMS A. CONSENT CALENDAR Unless an item is pulled for separate action by the City Council, the following actions are approved without discussion. A-1 APPROVAL OF MINUTES FOR THE REGULAR MEETINGS ON NOVEMBER 10, 2003 AND NOVEMBER 24, 2003, AND SPECIAL MEETINGS ON NOVEMBER 13, 2003 AND DECEMBER 1, 2003; (ADMINISTRATION) RECOMMENDATION: Approve as submitted. A-2 RESOLUTION NO. 63-03 IN SUPPORT OF STATEWIDE BALLOT INITIATIVE; THE LOCAL TAX PAYERS AND PUBLIC SAFETY PROTECTION ACT; (ADMINISTRATION) RECOMMENDATION: Adopt Resolution No. 63-03. ® B. PUBLIC HEARINGS. REPORTS & APPEARANCES B-1 ORDINANCE NO. 499 REPEALING, AMENDING AND REENACTING CHAPTER 5.32 OF THE MORRO BAY MUNICIPAL CODE — MOBILEHOME AND RECREATIONAL VEHICLE PARK RENT STABILIZATION - FIRST READINGANTRODUCTION; (CITY ATTORNEY) RECOMMENDATION: Approve Ordinance No. 499 for first reading and introduction by number and title only. C. UNFINISHED BUSINESS C-1 POLICY AND PROCEDURES FOR ADDRESSING SPECIAL ENCROACHMENT PERMITS; (PUBLIC SERVICES) RECOMMENDATION: Discuss and direct staff accordingly. C-2 DISCUSSION OF CLOISTERS ASSESSMENT DISTRICT AND VERBAL REPORT OF THE COUNCIL CLOISTERS SUBCOMMITTEE; (MAYOR YATES) ® RECOMMENDATION: Receive for information. 2 Q C-3 STATUS REPORT ON STATE PARKS CAMPGROUND PROJECT RECOMMENDATION: Receive for information. D. NEW BUSINESS D-I APPOINTMENT OF VICE -MAYOR TO SERVE A ONE-YEAR TERM; (ADMINISTRATION) RECOMMENDATION: Appoint a Council Member to serve a one-year term as Vice -Mayor effective January 2004. D-2 CITY COUNCIL DISCRETIONARY APPOINTMENTS TO VARIOUS BOARDS AND COMMITTEES; (ADMINISTRATION) RECOMMENDATION: Discuss and appoint or re -appoint representatives to serve on the various boards and committees. D-3 SET DATE FOR ADVISORY BOARD INTERVIEWS; (ADMINISTRATION) RECOMMENDATION: Set a date and time to interview applicants for upcoming vacancies on City Commission and Advisory Boards. ® E. ADJOURNMENT 01 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. Rl ® MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING — DECEM 3ER 8, 2003 VETERANS MEMORIAL HALL - 6:00 P.M. Mayor Yates called the meeting to order at 6:00 p.m. PRESENT: William Yates Mayor Dave Elliott Councilmember William Peirce Councilmember Janice Peters Councilmember Betty Winholtz Councilmember STAFF: Robert Hendrix City Manager Robert Schultz City Attorney Bridgett Bauer City Clerk Rick Algert Harbor Director Bruce Ambo Public Services Director Frank Cunningham City Engineer JeffJones Fire Chief Jim Koser Finance Director Andrea Lueker Recreation & Parks Director ® ESTABLISH QUORUM AND CALL TO ORDER MOMENT OF SILENCE PLEDGE OF ALLEGIANCE MAYOR'S REPORTS & ANNOUNCEMENTS CLOSED SESSION REPORT — There were no Closed Session items to report. PUBLIC COMMENT Jonni Biaggini, Visitors & Conference Bureau, shared the SLO County Destination Guide and the segments on Morro Bay. Mandy Davis stated she was pleased with the outcome of the meeting with State Parks relating to the Morro Bay State Park Campground Renovation Project, and the placement of a temporary postponement on the project. Stan House asked questions relating to the Morro Bay State Park Campground Renovation Project, and thanked those who helped place a temporary halt on this project. Betty Forsythe thanked the community for their assistance in helping the Friends of the Library meet its goal in supporting the Morro Bay Library. ® MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING — DECEMBER 8, 2003 Bill Woodson addressed all the businesses that are closing or changing ownership in Morro Bay. He said the City should consider its structural values, and consider soliciting a Request for Proposal for a tourism assessment and development study. Nelson Sullivan stated there should be a correction made to his statement in the minutes of the November 13, 2003 meeting, noting he had no problem with the City Attorney's legaldecisions; however, he had a problem with the Chief of Police's rendition of his meeting with the City Attorney. John Barta addressed the proposed initiative stating he would like to know who drew the lines for the various districts. Barry Dorfman stated proponents of the proposed initiative intend to speak periodically at public meetings with respect and dignity regarding this important topic. Brenda Agee -Smiley stated the district lines were drawn based by state law to preserve incumbents in their districts. ® Ed Dumong stated he would like to know what the City plans to do with walkways, pathways and/or sidewalks. He said based on the proposed initiative, which district would represent the population in the bay and the homeless. CI Norman Risch requested information on why the blinking light at the intersection of Highway 41 and Main Street is down. Mayor Yates closed the hearing for public comment. DECLARATION OF FUTURE AGENDA ITEMS Mayor Yates requested the review of the City's economy be agendized. Councilmember Peirce stated he would like an update on the trolley rehabilitation. A. CONSENT CALENDAR Unless an item is pulled for separate action by the City Council, the following actions are approved without discussion. 2 MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING — DECEMBER 8, 2003 A-1 APPROVAL OF MINUTES FOR THE REGULAR MEETINGS ON NOVEMBER 10, 2003 AND NOVEMBER 24, 2003, AND SPECIAL MEETINGS ON NOVEMBER 13, 2003 AND DECEMBER I, 2003; (ADMINISTRATION) RECOMMENDATION: Approve as submitted. A-2 RESOLUTION NO. 63-03 IN SUPPORT OF STATEWIDE BALLOT INITIATIVE; THE LOCAL TAX PAYERS AND PUBLIC SAFETY PROTECTION ACT; (ADMINISTRATION) RECOMMENDATION: Adopt Resolution No. 63-03. Councilmember Winholtz pulled Item A-2 from the Consent Calendar. MOTION: Councilmember Elliott moved the City Council approve Item A-1 of the Consent Calendar. The motion was seconded by Councilmember Peters and carried unanimously. (5-0) A-2 RESOLUTION NO. 63-03 IN SUPPORT OF STATEWIDE BALLOT INITIATIVE; THE LOCAL TAX PAYERS AND PUBLIC SAFETY PROTECTION ACT; (ADMINISTRATION) Councilmember Winholtz announced the purpose of this statewide ballot initiative for public information. MOTION: Councilmember Winholtz moved the City Council approve Item A-2 of the Consent Calendar. The motion was seconded by Councilmember Peirce and carried unanimously. (5-0) Mayor Yates called for a break at 7:00 p.m.; the meeting resumed at 7:20 p.m. B. PUBLIC HEARINGS, REPORTS & APPEARANCES B-1 ORDINANCE NO. 499 REPEALING, AMENDING AND REENACTING CHAPTER 5.32 OF THE MORRO BAY MUNICIPAL CODE — MOBILEHOME AND RECREATIONAL VEHICLE PARK RENT STABILIZATION - FIRST READING/INTRODUCTION; (CITY ATTORNEY) City Attorney Robert Schultz stated at the April 14, 2003 City Council meeting, the City Council directed staff to form an ad -hoc committee with a minimum of seven members ® consisting of tenants and park owners to discuss amendments to the City's Mobilehome k] MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING — DECEMBER 8, 2003 Rent Control Ordinance, and to report back to the City Council in order to make the ordinance fair and equitable. The Ad -Hoc Subcommittee began meeting in May and appointed ten voting members, five of which were selected by park owners and five of whom were selected by park residents. The Ad -Hoc Subcommittee met fifteen times and made numerous recommendations for changes to the existing Mobilehome and Recreational Vehicle Park Rent Stabilization Ordinance. The most important changes to the Ordinance that are being recommended by the Ad -Hoc Subcommittee are: 1) the inclusion of a comprehensive "Definitions" section; 2) a tiered base rent system; 3) a tiered system for the percentage of rent increase upon sale; 4) a mandatory Meet -and - Confer meeting; 5) the establishment of a Mobilehome Rent Review Board; and 5) an exemption from rent control for vacant spaces. Mr. Schultz stated that staff and the Ad - Hoc Subcommittee recommend that the City Council approve the first reading and introduction of Ordinance No. 499 by number and title only, repealing, amending, and reenacting Morro Bay Municipal Code Chapter 5.32. Mayor Yates opened the hearing for public comment. The following people expressed support for the proposed amendments to the Mobilehome Rent Control Ordinance: John Simpson, Kathy Franks, Andy Hamp, Ray ® McKelligott, Betty Niles, and Beta Thomas. Marlene Overson stated the manager at her mobile home park would not agree with the 75% increase of the Consumer Price Index. Ken Winters addressed the two-tier rent increase stating that non -permanent tenants will be affected as well. Mayor Yates closed the public comment hearing. The consensus of the City Council was in support of the revisions made to the Mobilehome Rent Control Ordinance. Councilmembers Peters and Winholtz stated serving on the Sub -Committee was a great experience and diplomatic process. MOTION: Councilmember Peters moved the City Council approve the first reading and introduction of Ordinance No. 499 by number and title only, repealing, amending, and reenacting Morro Bay Municipal Code Chapter 5.32. The motion was seconded by Councilmember Winholtz and carried unanimously. (5-0) ® City Attorney Robert Schultz read Ordinance No. 499 by number and title only. El ® MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING — DECEMBER 8, 2003 C. UNFINISHED BUSINESS CA POLICY AND PROCEDURES FOR ADDRESSING SPECIAL ENCROACHMENT PERMITS; (PUBLIC SERVICES) City Engineer Frank Cunningham stated the City Council reviewed this issue at the May 27 and June 9, 2003 meetings, followed by a new business agenda item on July 28, 2003 when the item was sent to the Public Works Advisory Board for review. The primary goal of this issue is to maintain identified public uses of the City's right-of-way while ensuring public safety, pedestrian access, and reasonable accommodation for Americans with Disabilities. Public information will help to identify and reaffirm intended uses of public right-of-way and promote community buy -in of compliance for public safety. Proactive code enforcement is intended to deter future violations and to minimize everyone's frustrations by informing potential violators at the beginning of construction or landscaping improvements rather than after completion. A mitigation program will begin removing some of the worst -case violations and reduce the associated liability. Mr. Cunningham stated staff and the Public Works Advisory Board recommend the following: ® 1. Public Services Department will post and distribute, as deemed necessary, a "Safety Alert" to inform citizens of the hazards that may exist as a result of improper encroachments in the City's right-of-way; and D 2. Public Services and Code Enforcement will improve their efforts to monitor and reduce improper encroachments into the public right-of-way; and 3. Public Services and Code Enforcement shall begin a reasonable program to make contact with the property owners to slowly begin mitigating some of the existing worst -case hazards in the public right-of-way. A reasonable mitigation program should be established to be achievable within funding and staffing limits and to avoid large-scale public out -cry. Mitigating five worst -cast locations per year seems to be reasonable and achievable at this time; and 4. Encourage Public Services to continue its efforts to connect existing missing links of sidewalks whenever funding is available, and to promote shoulder improvements that facilitate community -path access in our residential areas where sidewalks are not currently required. Councilmember Peters stated enforcement is important and should be done for safety purposes. 5 MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING — DECEMBER 8, 2003 Mayor Yates stated he is a little concerned on how the City is going to handle property owners who have put time and money into the easements adjoining their property. Councilmember Elliott stated action should be taken to ensure public safety and maintain City liability. He said a form should be provided with new and remodel construction permits regarding City encroachment rules and regulations. Councilmember Winholtz stated the Safety Alert should be sent out annually to every house in the City. She said she would like the City Council to review this issue each year. MOTION: Councilmember Peters moved the City Council approve the recommendations made by staff and the Public Works Advisory Board. Councilmember Elliott stated he would second the motion if it includes written notification signed off by the property owner on new and remodeled construction acknowledging City encroachment rules and regulations; Councilmember Peters concurred. Councilmember Winholtz also requested the fiscal impact include "all homes' and not ® just `water bills'; Councilmembers Peters and Elliott concurred. The motion was seconded by Councilmember Elliott and carried unanimously. (5-0) C-2 DISCUSSION OF CLOISTERS ASSESSMENT DISTRICT AND VERBAL REPORT OF THE COUNCIL CLOISTERS SUBCOMMITTEE; (MAYOR YATES) Mayor Yates introduced Jill Falcone who gave an update on the Sub -Committee relating to the Cloister's Assessment District. Ms. Falcone stated the Sub -Committee's mission was to look for cost reduction opportunities for the Cloisters Park and Open Space maintenance. What the Committee examined was actual expenditures versus budget reports, engineering reports, future expenditures, and cost reduction suggestions. She noted an independent audit of £mancial records was not conducted. The Committee also examined future expenditures that included pond maintenance for erosion and sediment control and re -vegetation; fence treatment for rust and decay; and, equipment replacement. Ms. Falcone stated cost reduction suggestions considered by the Committee were contract services, alternate irrigation source, additional revenues — user fees, additional funding — environmental restoration grants for re - vegetation, and additional resources such as volunteer programs. The Committee concluded there are no easy answers and significant cost reductions would require changes to the character of the park. Ms. Falcone stated there is still.a need to address issues such as ® erosion and sediment control and re -vegetation issues, and future expenses. The Committee 0 ® MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING — DECEMBER 8, 2003 recommendations to the City Council are to continue efforts to solicit and evaluate cost savings ideas, consider a grant proposal to fund erosion and sediment control/re-vegetation project, and consider involving volunteer programs to offset labor costs. Councilmember Peters stated there is no way to reduce the assessment and maintain the character of the surrounding area. Mayor Yates stated he would like a statement from Council on where they are going with this issue. He said he remains in support of phasing out the assessment fees for at least the park that is enjoyed by everybody. Councilmember Winholtz stated she would like to approve the recommendations made by the Sub -Committee. Councilmember Elliott stated the developer wanted the project and agreed with the assessment fees. He said services would need to be reduced in order to lower assessment fees. Councilmember Elliott stated this is a public park and should be maintained by the City. ® Councilmember Peirce stated the homeowners do not want to see the park degraded. He said the cost of maintaining the park is half of the expense. He said within a period of ten years the cost between the City and the homeowners will be 50-50 for costs of maintenance. Councilmember Peirce stated he would support a five-year plan to phase out the assessment fees; however, he is concerned with committing the funds without altering other City services especially with the economic situation the City is facing. M Councilmember Peters stated the recommendations of the Committee offer some hope to help reduce costs, and she supports their recommendations. No further action was taken on this item. Mayor Yates called for a break at 8:55 p.m.; the meeting resumed at 9:10 p.m. C-3 STATUS REPORT ON STATE PARKS CAMPGROUND PROJECT City Attorney Robert Schultz stated at the November 24, 2003 City Council meeting, Council directed staff to try to stop the State Parks Campground Project. On November 25'h, staff sent correspondences to the California Coastal Commission (CCC) and State Parks regarding among other issues, Condition of Approval 93 which states: "Construction of the campground loop roads, parking spurs, and tree removal shall not VA MINUTES - MORRO BAY CITY COUNCIL 10 REGULAR MEETING — DECEMBER 8, 2003 take place during the months that monarch butterflies are over -wintering at Morro Bay State Park (i.e. October through February)." Apparently, State Parks thought this Condition meant they could start the project so long as they stayed outside a 100-foot buffer of the Monarch butterfly grove. Based on the correspondence sent and protests made to the CCC, they told State Parks they could not start the project until March 1, 2004. Mr. Schultz stated staff and Councilmember Winholtz met with CCC staff on December 2"d in Santa Cruz to discuss the revocation of the permit. A revocation of a permit removes a previously granted permit. If the CCC revokes the permit, State Parks is required to stop work and if wishing to continue, may reapply for the project. Because of the impacts on an applicant, the grounds for revocation are very narrow. The rules of revocation do not allow the Commission to have second thoughts on a previously issued permit based on information that comes into existence after the granting of the permit, no matter how compelling that information might be. This was an informational item; no further action was taken on this item. D. NEW BUSINESS D-1 APPOINTMENT OF VICE -MAYOR TO SERVE A ONE-YEAR TERM; ® (ADMINISTRATION) MOTION: Councilmember Peters moved the City Council appoint Councilmember Peirce to serve a one-year term as Vice -Mayor effective January 2004. The motion was seconded by Mayor Yates and carried unanimously. (5-0) D-2 CITY COUNCIL DISCRETIONARY APPOINTMENTS TO VARIOUS BOARDS AND COMMITTEES; (ADMINISTRATION) MOTION: Councilmember Peirce moved the City Council maintain its current positions on the various boards and committees. The motion was seconded by Councilmember Peters and carried unanimously. (5-0) D-3 SET DATE FOR ADVISORY BOARD INTERVIEWS; (ADMINISTRATION) The City Council scheduled the interview date for advisory board vacancies for Thursday, January 22, 2004. ADJOURNMENT - The meeting adjourned at 9:35 p.m. Recorded b}c`\�� V.J ® Bridgett Bauer, City Clerk 8 NOTICE OF SPECIAL MEETING NOTICE IS HEREBY GIVEN that the Morro Bay City Council will be holding a Special Closed Session Meeting on Monday, December 1, 2003 at 5:30 a.m. to be held in the City Hall Conference Room, 595 Harbor Street, Morro Bay, California. The City Council will be discussing: GOVERNMENT CODE SECTION 54956.9(C). CONFERENCE WITH LEGAL COUNSEL DUE TO ANTICIPATED LITIGATION. Initiation of litigation exists based upon existing facts and the advice of legal counsel as to one (1) matter: City of Morro Bay vs. California State Parks. The City Council will adjourn to open session to conduct a Joint City Council/Planning Commission meeting beginning at 6:00 p.m. and will be ® held at the Veterans' Memorial Building, 209 Surf Street, Morro Bay, California. The City Council will be meeting with the Planning Commission to discuss various topics. DATED: November 25, 2003 Bridgett Bat6Y, City Clerk 21 ® MINUTES - MORRO BAY CITY COUNCIL CLOSED SESSION — DECEMBER 1, 2003 CITY HALL CONFERENCE ROOM - 5:00 P.M. Mayor Yates called the meeting to order at 5:30 p.m PRESENT: William Yates Mayor Dave Elliott Councilmember William Peirce Councilmember Janice Peters Councilmember Betty Winholtz Councilmember STAFF: Robert Hendrix City Manager Robert Schultz City Attorney CLOSED SESSION MOTION: Councilmember Peirce moved the meeting be adjourned to Closed Session. The motion was seconded by Councilmember Peters and unanimously carried. (5-0) Mayor Yates read the Closed Session Statement. ® CS-1 GOVERNMENT CODE SECTION 54956.9(C); CONFERENCE WITH LEGAL COUNSEL DUE TO ANTICIPATED LITIGATION. Initiation of litigation exists based upon existing facts and the advice of legal counsel as to one (1) matter: City of Morro Bay vs. California State Parks. The meeting adjourned to Closed Session at 5:300 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. 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, 2003 CLOSED SESSION — NOVEMBER 24, 2003 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. • Reddell/Wright vs. City of Morro Bay ® CS-2 GOVERNMENT CODE SECTION 54957, PERSONNEL ISSUES. Discussions regarding Personnel Issues including one (1) public employee regarding evaluation, specifically the City Manager. CS-3 GOVERNMENT CODE SECTION 54956.9(C): CONFERENCE WITH CS-4 Deciding whether to initiate litigation based upon existing facts and the advice of legal counsel as to one (1) matter. • City of Morro Bay vs. Coakley 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: 220 Atascadero Negotiating Parties: Don and Mary Puett and City of Morro Bay. Negotiations: Lease Terms and Conditions and/or Voluntary Sale. IT IS NOTED THAT THE CONTENTS OF CLOSED SESSION MEETINGS ARE CONFIDENTIAL AND EXEMPT FROM DISCLOSURE. ® PUBLIC SESSION — NOVEMBER 24, 2003 VETERANS MEMORIAL HALL - 6:00 P.M. 209 SURF ST., MORRO BAY, CA ESTABLISH QUORUM AND CALL TO ORDER MOMENT OF SILENCE PLEDGE OF ALLEGIANCE 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. ® • The Council respectfully requests that you refrain from making slanderous, profane or personal remarks against any elected official, commission and/or staff. • Please refrain from public displays or outbursts such as unsolicited applause, comments or cheering. • Any disruptive activities that substantially interfere with the ability of the City Council to carry out its meeting will not be permitted and offenders will be requested to leave the meeting. • Your participation in City Council meetings is welcome and your courtesy will be appreciated. In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the City Clerk, (805) 712-6205. Notification 72 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. COUNCIL DECLARATION OF FUTURE AGENDA ITEMS A. CONSENT CALENDAR Unless an item is pulled for separate action by the City Council, the following actions are approved without discussion. ® A -I RESOLUTION NO. 61-03 CERTIFYING PETITIONS FOR THE CITIZEN'S INITIATIVE TO ELECT THE MAYOR AND CITY COUNCIL MEMBERS OF THE LEGISLATIVE BODY BY DISTRICTS; (ADMINISTRATION) RECOMMENDATION: Adopt Resolution No. 61-03. A-2 RESOLUTION NO. 62-03 CALLING A SPECIAL MUNICIPAL ELECTION TO BE HELD ON MARCH 2, 2004; AND REQUESTING THE BOARD OF SUPERVISORS OF SAN LUIS OBISPO COUNTY TO CONSOLIDATE SAID ELECTION WITH THE CONSOLIDATED DISTRICTS ELECTION TO BE HELD IN THE COUNTY ON MARCH 2, 2004; AND OTHER ELECTION MATTERS AS REQUIRED BY LAW; (ADMINISTRATION) RECOMMENDATION: Adopt Resolution No. 62-03. A-3 STATEMENT OF CASH & INVESTMENT REPORTS FOR SEPTEMBER AND OCTOBER 2003; (FINANCE) RECOMMENDATION: Receive for information. AA RESOLUTION NO. 55-03 TO AUTHORIZE INVESTMENT OF MONIES IN THE LOCAL AGENCY INVESTMENT FUND; (FINANCE) ® RECOMMENDATION: Adopt Resolution No. 55-03. 1 A-5 AWARD OF CONSULTANT CONTRACT TO THE FIRM OF DYETT & BHATIA FOR A COMPREHENSIVE UPDATE/REWRITE OF THE ZONING ORDINANCE; (PUBLIC SERVICES) RECOMMENDATION: Authorize the reallocation of $125,000 from the Hwy. 41/Main St. Roundabout Project for the preparation of a new Zoning Ordinance; adopt a Resolution of Intention initiating amendments to Title 17 (Zoning Ordinance); and authorize the City Manager to execute a contract with the firm of Dyett & Bhatia for a comprehensive update and rewrite of the City's Zoning Ordinance. A-6 AWARD OF A CONSULTANT CONTRACT FOR ENVIRONMENTAL PERMITTING FOR SEDIMENT HARVESTING/CREEK MAINTENANCE AT THE CHORRO CREEK BRIDGE; (PUBLIC SERVICES) RECOMMENDATION: Award the contract to Morro Group Inc. Environmental Services in the amount of $12,005; and allocate an additional $8,000 to the project in case a "Habitat Mitigation and Monitoring Plan" is required by the regulatory agencies. It] ® A-7 FINAL ACCEPTANCE AND RELEASE OF RETENTION FOR THE 2003- 2004 STREET SLURRY SEAL CONTRACT; (PUBLIC SERVICES) RECOMMENDATION: Accept the project as completed by Intermountain Slurry Seal, Inc., and authorize the filing of the Notice of Completion. A-8 RESOLUTION NO. 58-03 APPROVING ASSIGNMENT OF LEASE SITE 134- 136, LOCATED AT 1245 EMBARCADERO, FROM DAVID ROSS TO MARK & BONNIE TOGNAZZINI; (HARBOR) RECOMMENDATION: Adopt Resolution No. 58-03. A-9 RESOLUTION NO. 59-03 APPROVING SUBMITTAL OF RURAL TRANSIT FUND GRANT APPLICATION; (ADMINISTRATION) RECOMMENDATION: Adopt Resolution No. 59-03. A-10 RESOLUTION NO. 56-03 CANCELING THE SECOND MEETING IN DECEMBER EACH YEAR; (ADMINISTRATION) RECOMMENDATION: Adopt Resolution No. 56-03. A-11 RESOLUTION NO. 57-03 AUTHORIZING THE INSTALLATION OF 4-WAY ® STOP SIGNS ON SAN JOAQUIN STREET AT BOTH GREENWOOD AVENUE AND CEDAR AVENUE; (PUBLIC SERVICES) RECOMMENDATION: Adopt Resolution No. 57-03. B. PUBLIC HEARINGS, REPORTS & APPEARANCES — NONE. C. UNFINISHED BUSINESS C-1 RECOMMENDATION ON AN OFF LEASH DOG PARK LOCATION; (RECREATION & PARKS) RECOMMENDATION: Designate the northwest corner of Del Mar Park as the site for an Off Leash Dog Park. C-2 REPORT ON DOWNTOWN RESTROOMS; (PETERS) RECOMMENDATION: Discuss and direct staff accordingly. C-I J F1 C-3 DISCUSSION OF FIRE DEPARTMENT STAFFING AND STANDARDS OF ® COVERAGE; (PEIRCE) RECOMMENDATION: Discuss and direct staff accordingly. D. NEW BUSINESS D-I DISCUSSION ON CRITERIA FOR SALARY LEVELS OF DEPARTMENT HEADS; (ADMINISTRATION) RECOMMENDATION: Discuss and direct staff accordingly. D-2 DISCUSSION OF TOPICS FOR JOINT CITY COUNCIL/PLANNING COMMISSION SEMI-ANNUAL MEETING; (ADMINISTRATION) RECOMMENDATION: Discuss and direct staff accordingly. D-3 DISCUSSION OF STATE PARKS CAMPGROUND PROJECT AND CONSIDERATION OF SEEKING AN INJUNCTION AGAINST SAID PROJECT; (MAYOR YATES) 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. 5 ® MINUTES - MORRO BAY CITY COUNCIL CLOSED SESSION — NOVEMBER 24, 2003 CITY HALL CONFERENCE ROOM - 5:00 P.M. Mayor Yates called the meeting to order at 5:00 p.m. PRESENT: William Yates Mayor Dave Elliott Councilmember William Peirce Councilmember Janice Peters Councilmember Betty Winholtz Councilmember STAFF: Robert Hendrix City Manager Robert Schultz City Attorney CLOSED SESSION MOTION: Councilmember Peirce moved the meeting be adjourned to Closed Session. The motion was seconded by Councilmember Peters and unanimously carried. (5-0) Mayor Yates read the Closed Session Statement. ® CS-1 GOVERNMENT CODE SECTION 54956.9(A); CONFERENCE WITH LEGAL COUNSEL REGARDING PENDING LITIGATION. • Reddell/Wright vs. City of Morro Bay CS-2 Discussions regarding Personnel Issues including one (1) public employee regarding evaluation, specifically the City Manager. CS-3 GOVERNMENT CODE SECTION 54956.9(C); CONFERENCE WITH CS-4 LEGAL COUNSEL DUE TO SIGNIFICANT EXPOSURE TO LITIGATION. Deciding whether to initiate litigation based upon existing facts and the advice of legal counsel as to one (1) matter. • City of Morro Bay vs. Coakley 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:220 Atascadero Negotiating Parties: Don and Mary Puett and City of Morro Bay. ® Negotiations: Lease Terms and Conditions and/or Voluntary Sale. ® The meeting adjourned to Closed Session at 5:00 p.m. and returned to regular session at 5:50 p.m. MOTION: Councilmember Peirce moved the meeting be adjourned. The motion was seconded by Councilmember Winholtz and unanimously carried. (5-0) The meeting adjourned at 5:50 p.m. CJ 2 ® MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING — NOVEM 3ER 24, 2003 VETERANS MEMORIAL HALL - 6:00 P.M. M C1 Mayor Yates called the meeting to order at 6:00 p.m PRESENT: William Yates Mayor Dave Elliott Councilmember William Peirce Councilmember Janice Peters Councilmember Betty Winholtz Councilmember STAFF: Robert Hendrix Robert Schultz Bridgett Bauer Rick Algert Bruce Ambo Bill Boucher Frank Cunningham JeffJones Jim Koser Joe Loven Andrea Lueker City Manager City Attorney City Clerk Harbor Director Public Services Director Capital Projects Manager City Engineer Fire Chief Finance Director Police Chief Recreation & Parks Director ESTABLISH QUORUM AND CALL TO ORDER MOMENT OF SILENCE PLEDGE OF ALLEGIANCE MAYOR'S REPORTS & ANNOUNCEMENTS CLOSED SESSION REPORT - City Attorney Robert Schultz reported the City Council met in Closed Session, and no reportable action under the Brown Act was taken. PUBLIC COMMENT Candace Vittitow stated 108,000 registered campers visit Mono Bay State Park annually. She said the park closure during the project would significantly impact the City's revenue. Ken Swiftrus addressed the impacts to the City that will be caused by the closure of Mono Bay State Park. He also referred to the protection of the historic resources of the park, and expressed concern with the safety of the monarch butterfly habitat and other natural resources of the state park. Norman Risch requested the City Council's support in approving Items A-1 & A-2 of tonight's agenda He also requested all City facilities have oxygen and defibrillators on - site in the case of an emergency. 3 ® MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING — NOVEMBER 24, 2003 Ann Reeves addressed the State Park renovation and expressed concern with the plans to change the location of the entrance. She also said she would like to see the heritage of the park maintained. Roger Ewing addressed the initiative stating he would like to remove the rhetoric and divisiveness that has taken place in the past. He suggested a town hall meeting take place to better inform the citizenry on this issue. Barbara Playan stated those who signed the initiative petition did not have full knowledge of the issue. Nancy Bast stated the Department of Parks and Recreation (DPR) has not been open with the public on the plans for the Morro Bay State Park. She requested the City Council file an injunction to stop immediate action by DPR. Ed Ewing stated he likes the State Park as it is presently, and hopes the City can stop the State from changing it. He also said he does not support the initiative on districting because he wants the ability to vote for all Council Members. ® Yarow Nelson stated the State has ignored the concerns of the citizens of Morro Bay. He requested Council's support in filing an injunction on the State Park project. Joan Carter requested the City Council's support in filing an injunction on the State Park project. She said her concerns are with the biological impacts of the raptors and monarch butterflies. Walter Barson stated Morro Bay State Park is one of his family's favorite places to camp. He said the proposed renovation does address issues that are needed. Nancy Dunn requested the City's help in saving the park for those who live and visit Morro Bay. Juliana Epperly stated as a business owner she is concerned with the closure of the State Park. She also asked about the liability of skateboarders in the downtown area. Ms. Epperly asked who maintains the tree droppings on Morro Bay Boulevard. Jim Wood expressed support for Item A-8 (Resolution No. 58-03 Approving Assignment Of Lease Site 134-136, Located At 1245 Embarcadero, From David Ross To Mark & Bonnie Tognazzini.) He also addressed Item A-5 (Reauthorize Funds To Pave North Main Street) stating he would like Main Street to be paved from Yerba Buena to San ® Jacinto. 4 ® MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING — NOVEMBER 24, 2003 Mandy Davis stated her concerns with the State Parks project are the biological impacts. She said there are raptor nests in the park. Ms. Davis stated the City should expedite action to interrupt the State Park project. David Dubbink referred to the State Park project stating the park trees and monarch butterflies were not included in the environmental studies. He said the trees that would be removed would be replaced with shrubs. Stan House stated the campground should remain without renovation. He said State Parks has proved itself in the way they handle issues such as this and also the closure of the beach due to snowy plovers. Brenda Agee -Smiley stated town hall meetings would be arranged to educate citizens on the districting measure. Kathy DiPeri stated an injunction on the State Park project is possible due to the environmental impact that will be caused to the park. ® Ken Vesterfelt stated a couple of weeks ago the Car Show Committee was able to distribute $9,000 of funds raised to various organizations in the City. C] Amanda Mueller, AGP Video, stated AGP would not exploit any emergency on camera. Carol Baker stated a modified environmental impact report (EIR) should be requested of State Parks because substantial changes were made after the EIR report was done. Steve Mathieu requested the "Joke of the Day" return to the agenda. Mayor Yates closed the hearing for public comment. DECLARATION OF FUTURE AGENDA ITEMS Councilmember Peters requested to agendize a resolution in support of a Statewide Ballot Initiative - The Local Tax Payers and Public Safety Protection Act. 5 ® MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING — NOVEMBER 24, 2003 A. CONSENT CALENDAR Unless an item is pulled for separate action by the City Council, the following actions are approved without discussion. A-1 RESOLUTION NO. 61-03 CERTIFYING PETITIONS FOR THE CITIZEN'S INITIATIVE TO ELECT THE MAYOR AND CITY COUNCIL MEMBERS OF THE LEGISLATIVE BODY BY DISTRICTS; (ADMINISTRATION) RECOMMENDATION: Adopt Resolution No. 61-03. A-2 RESOLUTION NO. 62-03 CALLING A SPECIAL MUNICIPAL ELECTION TO BE HELD ON MARCH 2, 2004; AND REQUESTING THE BOARD OF SUPERVISORS OF SAN LUIS OBISPO COUNTY TO CONSOLIDATE SAID ELECTION WITH THE CONSOLIDATED DISTRICTS ELECTION TO BE HELD IN THE COUNTY ON MARCH 2, 2004; AND OTHER ELECTION MATTERS AS REQUIRED BY LAW; (ADMINISTRATION) ® RECOMMENDATION: Adopt Resolution No. 62-03. A-3 STATEMENT OF CASH & INVESTMENT REPORTS FOR SEPTEMBER AND OCTOBER 2003; (FINANCE) D1 RECOMMENDATION: Receive for information. A-4 RESOLUTION NO. 55-03 TO AUTHORIZE INVESTMENT OF MONIES IN THE LOCAL AGENCY INVESTMENT FUND; (FINANCE) RECOMMENDATION: Adopt Resolution No. 55-03. A-5 AWARD OF CONSULTANT CONTRACT TO THE FIRM OF DYETT & BHATIA FOR A COMPREHENSIVE UPDATE/REWRITE OF THE ZONING ORDINANCE; (PUBLIC SERVICES) RECOMMENDATION: Authorize the reallocation of $125,000 from the Hwy. 41/Main St. Roundabout Project for the preparation of a new Zoning Ordinance; adopt a Resolution of Intention initiating amendments to Title 17 (Zoning Ordinance); and authorize the City Manager to execute a contract with the firm of Dyett & Bhatia for a comprehensive update and rewrite of the City's Zoning Ordinance. 3 ® MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING —NOVEMBER 24, 2003 A-6 AWARD OF A CONSULTANT CONTRACT FOR ENVIRONMENTAL PERMITTING FOR SEDIMENT HARVESTING/CREEK MAINTENANCE AT THE CHORRO CREEK BRIDGE; (PUBLIC SERVICES) RECOMMENDATION: Award the contract to Morro Group Inc. Environmental Services in the amount of $12,005; and allocate an additional $8,000 to the project in case a "Habitat Mitigation and Monitoring Plan" is required by the regulatory agencies. A-7 FINAL ACCEPTANCE AND RELEASE OF RETENTION FOR THE 2003- 2004 STREET SLURRY SEAL CONTRACT; (PUBLIC SERVICES) RECOMMENDATION: Accept the project as completed by Intermountain Slurry Seal, Inc., and authorize the filing of the Notice of Completion. A-8 RESOLUTION NO. 58-03 APPROVING ASSIGNMENT OF LEASE SITE 134- 136, LOCATED AT 1245 EMBARCADERO, FROM DAVID ROSS TO MARK & BONNIE TOGNAZZINI; (HARBOR) ® RECOMMENDATION: Adopt Resolution No. 58-03. A-9 RESOLUTION NO. 59-03 APPROVING SUBMITTAL OF RURAL TRANSIT FUND GRANT APPLICATION; (ADMINISTRATION) RECOMMENDATION: Adopt Resolution No. 59-03. A-10 RESOLUTION NO. 56-03 CANCELING THE SECOND MEETING IN DECEMBER EACH YEAR; (ADMINISTRATION) RECOMMENDATION: Adopt Resolution No. 56-03. A-11 RESOLUTION NO. 57-03 AUTHORIZING THE INSTALLATION OF 4-WAY STOP SIGNS ON SAN JOAQUIN STREET AT BOTH GREENWOOD AVENUE AND CEDAR AVENUE; (PUBLIC SERVICES) RECOMMENDATION: Adopt Resolution No. 57-03. Councilmember Peters pulled Items A-1, A-5 and A-6 from the Consent Calendar. CM ® MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING — NOVEMBER 24, 2003 MOTION: Councilmember Peirce moved the City Council approve the Consent Calendar with the exception of Items A-1, A-5 and A-6. The motion was seconded by Councilmember Peters and carried unanimously. (5-0) A -I RESOLUTION NO.61-03 CERTIFYING PETITIONS FOR THE CITIZEN'S INITIATIVE TO ELECT THE MAYOR AND CITY COUNCIL MEMBERS OF THE LEGISLATIVE BODY BY DISTRICTS; (ADMINISTRATION) Councilmember Peters clarified that by adopting this resolution does not show support by the City Council for the initiative. MOTION: Councilmember Peters moved the City Council approve Item A -I of the Consent Calendar. The motion was seconded by Councilmember Winholtz and carried unanimously. (5-0) A-5 AWARD OF CONSULTANT CONTRACT TO THE FIRM OF DYETT & BHATIA FOR A COMPREHENSIVE UPDATE/REWRITE OF THE ZONING ORDINANCE; (PUBLIC SERVICES) ® Councilmember Peters requested staff clarification on funding for potential roundabouts in the future. Capital Projects Manager Bill Boucher stated there is approximately $225,000 remaining in the Main Street/Highway 41/Highway 1 fund. The request this evening is to reallocate $125,00 of that fund towards the Zoning Ordinance Re -Write, leaving $100,000 un- reallocated. The City has a grant approved in the amount of 80% of the cost of the roundabout at Morro Bay Boulevard and Quintana Road, the total estimated cost being $550,000, and the amount of $150,000.00 being the local match. Mr. Boucher stated the City has approximately $60,000 in traffic impact fees collected from past projects, and $100,000 remainder is needed. He said due to the economic condition of the State, the grant for this project has been deferred until fiscal year 2007-08 or 2008-09. MOTION: Councilmember Peters moved the City Council approve Item A-5 of the Consent Calendar. The motion was seconded by Councilmember Elliott and carried with Councilmember Winholtz voting no. (4-1) A-6 AWARD OF A CONSULTANT CONTRACT FOR ENVIRONMENTAL PERMITTING FOR SEDIMENT HARVESTING/CREEK MAINTENANCE AT THE CHORRO CREEK BRIDGE; (PUBLIC SERVICES) ® Councilmember Peters announced this item for public information. ® MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING — NOVEMBER 24, 2003 MOTION: Councilmember Peters moved the City Council approve Item A-6 of the Consent Calendar. The motion was seconded by Councilmember Elliott and carried unanimously. (5-0) Mayor Yates called for a break at 7:37 p.m.; the meeting resumed at 7:52p.m. B. PUBLIC HEARINGS. REPORTS & APPEARANCES — NONE. C. UNFINISHED BUSINESS C-1 RECOMMENDATION ON AN OFF LEASH DOG PARK LOCATION; (RECREATION & PARKS) Recreation & Parks Director Andrea Lueker stated an off -leash dog park located in Morro Bay has been a topic of discussion for several years. The City Council, during their priority setting process in March 2001, indicated that an off -leash dog park was an important City goal. The Recreation and Parks Commission held a public hearing on this ® item in November 2002 and after discussion the Commission recommended the southwest section of Del Mar Park or an area in the Rock parking lot. The Commission forwarded a recommendation regarding the above areas to the City Council in January 2003. The City Council directed staff to work toward an off -leash dog park at a location in the Cloisters subdivision. This location was reviewed by a sub -committee along with protests received from several homeowners in the Cloisters subdivision. The City Attorney was asked to review materials relating to the use of portion of Lot 121 in the Cloisters subdivision, and concluded that to proceed would be difficult and subject to legal challenge. At the November 13, 2003 Recreation and Parks Commission meeting, staff proposed a site at the east end of Keiser Park between the outfield fences and bike path. After discussion, the Commission consensus was this area was not acceptable for a number of reasons. The Commission then discussed the northwest comer of Del Mar Park as a potential site. The Commission was also interested in privately held property both east and west of Del Mar Park. The Commission recommended to move ahead with the Del Mar Park location, north of the hockey rink/tennis court area, between the bens and the creek. The Commission further moved that staff investigate the eastern and western parcels for a future location. Ms. Lueker recommended the City Council designate the northwest comer of Del Mar Park as the site for an Off Leash Dog Park. MOTION: Councilmember Peters moved the City Council designate the northwest comer of Del Mar Park as the site for an Off Leash Dog Park. The motion was seconded by Councilmember Peirce and carried unanimously. (5-0) we ® MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING — NOVEMBER 24, 2003 C-2 REPORT ON DOWNTOWN RESTROOMS; (PETERS) City Manager Robert Hendrix stated during the October 27, 2003 meeting, the City Council requested that staff survey the downtown area for a potential short-term or long- term public restroom site. The City Council also requested that staff report back on this effort within one month. Staff has surveyed and gathered basic information on several sites within the area of focus requested. Staff has responded to the Council request surveying the available sites within a block of the Morro Bay - Main Street intersection, and four sites were identified within that range. One additional site was identified just outside the specified area. Two additional sites were surveyed on the intersection of Shasta and Morro Bay Boulevard. Staff has gathered information on physical characteristics, parcel numbers and ownership; however, staff has not been able to determine price and availability of the sites. Staff has received an offer of cooperation on a previously developed site. The owner has offered to explore both short-term and long- term alternatives with the City. Staff would like to continue discussions and provide information on progress and alternatives at a future meeting. Mr. Hendrix recommended the City Council consider the information provided, and direct staff accordingly. ® The City Council received this report for information; no further action was taken. C-3 DISCUSSION OF FIRE DEPARTMENT STAFFING AND STANDARDS OF COVERAGE; (PEIRCE) Fire Chief Jeff Jones stated for many years, the residents in Morro Bay have received a high level of emergency services from its Fire Department. The Department provides a full range of services including structural fire suppression, wild land fire suppression, paramedic emergency medical services, initial HAZMAT response, vehicle extrication and technical and confined space rescue response. The Fire Department serves as first responder to all non -law enforcement related emergency incidents in the City including incidents at the Duke Power Plant. A challenge currently facing the Fire Department is that the community's demand for emergency services is exceeding the capabilities of the Fire Department as currently configured. Changing social demographics, increased incident complexity, escalating call volume and increasing federal regulations are having a significant impact on the Department's ability to adequately deliver emergency services. Impacts of these changes include, decreased efficiency at emergency incidents, inability to respond to multiple or simultaneous incidents, and reduced off -duty staffing for emergency recall. All of these factors contribute to a higher risk to the public's and to firefighter's safety. Chief Jones recommended the City Council receive this report and direct staff regarding the formation of a five -member ad -hoc emergency services committee facilitated by the Fire Chief and made up with a representative from the City ® Council, a community member -at -large, a fire service professional, a Planning 10 ® MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING — NOVEMBER 24, 2003 Commissioner, and a Firefighters' Association labor representative to research different staffing and funding alternatives. MOTION: Councilmember Elliott moved the City Council direct staff regarding the formation of a five -member ad -hoc emergency services committee facilitated by the Fire Chief and made up with a representative from the City Council, a community member -at -large, a fire service professional, a Planning Commissioner, and a Firefighters' Association labor representative to research different staffing and funding alternatives. Council further authorized the Fire Department to augment temporary or part-time staff as needed to enable three -person response. The motion was seconded by Councilmember Peirce and carried unanimously. (5-0) MOTION: Councilmember Peirce moved the City Council appoint the following to serve on the emergency services ad -hoc committee: Councilmember Janice Peters, Planning Commissioner Ken Vesterfelt, Citizen -at -Large representative Stan House, Fire Service Professional Bob Neumann, and a Is motion Bay Firefighter Association representative to be chosen. The motion was seconded by Councilmember Elliott and carried unanimously. (5-0) DJ Mayor Yates called for a break at 9:07 p.m.; the meeting resumed at 9:20 p.m. D. NEW BUSINESS D-1 DISCUSSION ON CRITERIA FOR SALARY LEVELS OF DEPARTMENT HEADS; (ADMINISTRATION) City Manager Robert Hendrix stated during the November 10, 2003 meeting, the City Council requested that staff prepare a report covering the policies in use for setting compensation levels for department heads. This report includes the current policy basis for establishing department compensation levels and offers a discussion of other characteristics that could be considered. The existing policies were approved December 1999. At the present, there are two principle guide efforts in setting department head compensation: 1) Work to change the compensation of managers in a way that will bring them in line with both market factors and internal issues; and 2) That as a matter of principle, we will strive to maintain compensation in line both internally and externally once corrective changes have been made. Mr.. Hendrix recommended the City Council consider the information provided, and direct staff accordingly. 11 ® MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING — NOVEMBER 24, 2003 Councilmember Peters stated the tier should be eliminated, and department heads should be compensated based on experience and capabilities. Mayor Yates stated the Fire Chief should be compensated the same as the Police Chief. Councilmember Elliott agreed to eliminate the tier, and also agree with the same public safety pay for the Fire Chief and Police Chief. Councilmember Peirce stated public safety officials are on -call at all times, and concur that the pay should be the same. Councilmember Winholtz stated all department heads are equal, and all have jobs that the City cannot do without. She said she does agree to remove the tier. MOTION: Mayor Yates moved the City Council raise the Fire Chief salary to be the same as the Police Chief salary. The motion was seconded by Councilmember Peirce and carried with Councilmember Winholtz voting no. (4-1) ® MOTION: Councilmember Peters moved the City Council eliminate the two-tier policy for department head compensation. The motion was seconded by Mayor Yates and carried unanimously. (5-0) D] D-2 DISCUSSION OF TOPICS FOR JOINT CITY COUNCIL/PLANNING COMMISSION SEMI-ANNUAL MEETING; (ADMINISTRATION) City Manager Robert Hendrix stated the Planning Commission has drafted a tentative agenda for the Joint City CounciUPlanning Commission meeting planned for December 1, 2003. It has been suggested that the Council may want to consider the issues and decide if any formal action would be appropriate. Mr. Hendrix recommended the City Council consider the topics of interest to the Planning Commission and any position or point of view Council may wish to take. Mr. Hendrix further recommended the City Council provide direction to staff regarding any information needed or other refinements desired in preparation for the meeting. The City Council directed staff to schedule the following topics for the Joint City Council/Planning Commission meeting: 1) architectural review of projects; and 2) acting in -step with the City Council. 12 ® MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING — NOVEMBER 24, 2003 D-3 DISCUSSION OF STATE PARKS CAMPGROUND PROJECT AND CONSIDERATION OF SEEKING AN INJUNCTION AGAINST SAID PROJECT; (MAYOR YATES) Mayor Yates stated the work on the State Parks Campground Project is to begin on December 2, 2003. He said the notion of possibly filing an injunction to stop the work has been raised, and this item is to discuss that possibility, and to explore any other alternatives we may have to achieve the community's goal of stopping the project. MOTION: Councilmember Peirce moved the City Council: 1) direct the City Attorney to attend the California Coastal Commission meeting with the citizens group on December 2, 2003 to represent the City in opposition to the State Parks Campground Project; 2) speak with those with knowledge of the permit and pen -nit oversight to determine the facts; and 3) contact the California Coastal Commission and ask if the CCC will delegate permit oversight and enforcement responsibilities to the City. The motion was seconded by Councilmember Elliott and carried unanimously. (5-0) is ADJOURNMENT The meeting adjourned at 10:14 p.m. Recorded by: Bridgett Bauer City Clerk 13 ® City of Morro Bay City Council Agenda Mission Statement The City of Morro Bay is dedicated to the preservation and enhancement of the quality of life. The City shall be committed to this purpose and will provide a level of municipal service and safety consistent with and responsive to the needs of the public. SPECIAL MEETING — NOVEMBER.13, 2003; 4:00 P.M. COMMUNITY CENTER, MULTI -PURPOSE ROOM 1001 KENNEDY WAY, MORRO BAY, CA ESTABLISH QUORUM AND CALL TO ORDER MOMENT OF SILENCE PLEDGE OF ALLEGIANCE 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. • The Council respectfully requests that you refrain from making slanderous, profane or personal remarks against any elected official, commission and/or staff. • Please refrain from public displays or outbursts such as unsolicited applause, comments or cheering. • Any disruptive activities that substantially interfere with the ability of the City Council to carry out its meeting will not be permitted and offenders will be requested to leave the meeting. • Your participation in City Council meetings is welcome and your courtesy will be appreciated. 141 ® In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the City Clerk, (805) 772-6205. Notification 72 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. COUNCIL DECLARATION OF FUTURE AGENDA ITEMS A. CONSENT CALENDAR Unless an item is pulled for separate action by the City Council, the following actions are approved without discussion. A-1 APPROVAL OF MINUTES FOR THE REGULAR MEETING ON OCTOBER 27, 2003; (ADMINISTRATION) RECOMMENDATION: Approve as submitted. A-2 RESOLUTION NO. 53-03 APPROVING A TRANSFER OF FUNDS FOR THE MONTE YOUNG PLAYGROUND PROJECT AND AWARDING THE CONTRACT FOR CONSTRUCTION TO BRINAR CONSTRUCTION; (RECREATION & PARKS) RECOMMENDATION: Adopt Resolution No. 53-03. ® A-3 STATUS REPORT ON ALL CAPITAL PROJECTS AND COUNCIL DIRECTED CAPITAL PROJECTS; (ADMINISTRATION) RECOMMENDATION: Receive report for information. A4 RESOLUTION NO. 54-03 AMENDING COUNCIL POLICIES AND PROCEDURES MANUAL SECTIONS 1.2.2 AND 1.3.7.1.1; (CITY ATTORNEY) RECOMMENDATION: Adopt Resolution No. 54-03. A-5 AUTHORIZATION TO EXPRESS INTEREST IN ACQUISITION OF NAVY FUEL TERMINAL PROPERTY AND TO PERFORM LAND APPRAISAL; (PUBLIC SERVICES) RECOMMENDATION: Authorize the preparation and transmittal of correspondence expressing interest in acquisition of the referenced property, and that $8,000 in Water Fund reserves be allocated for a professional appraiser to perform a property appraisal. B. PUBLIC HEARINGS. REPORTS & APPEARANCES — NONE. 2 ® C. UNFINISHED BUSINESS C-1 UPDATE ON THE DUKE ENERGY POWER PLANT MODERNIZATION PROJECT; (CITY ATTORNEY) RECOMMENDATION: Receive report for information. C-2 DISCUSSION ON CLOISTER'S ASSESSMENT DISTRICT; (YATES) RECOMMENDATION: Discuss and direct staff accordingly. D. NEW BUSINESS D-1 RECOMMENDATION FROM THE PUBLIC WORKS ADVISORY BOARD TO REDUCE SPEED LIMITS ON MAIN STREET NEAR RADCLIFFE STREET; (PUBLIC SERVICES) RECOMMENDATION: 1) Consider reducing the speed limit from 30 and 35 mph to 25 mph along Main St. from Quintana Rd. to Highway 41; 2) increase police presence at this intersection to enforce traveling speeds and safety; and 3) consider amending the Bikeway Plan to convert existing bike lanes to a bike route along Main St. to facilitate a middle turning lane. ® D-2 RECOMMENDATION FROM THE PUBLIC WORKS ADVISORY BOARD TO INSTALL TWO 4-WAY STOP SIGNS ALONG SAN JOAQUIN STREET; (PUBLIC SERVICES) RECOMMENDATION: Consider the installation of 4-way stop signs at San Joaquin Street and Greenwood Avenue and San Joaquin Street and Cedar Street. D-3 COUNCIL REQUEST TO CONSIDER DISCUSSION ON DEVELOPING AN OPEN SPACE PROGRAM; (WINHOLTZ) RECOMMENDATION: Discuss and direct staff accordingly. D-4 COUNCIL DISCUSSION OF POLICY REGARDING WRITING LETTERS; (WINI IOLTZ) RECOMMENDATION: Discuss and direct staff accordingly. D-5 DISCUSSION ON CRITERIA FOR SALARY LEVELS OF DEPARTMENT HEADS; (ADMINISTRATION) ® RECOMMENDATION: Discuss and direct staff accordingly. 3 ® D-6 CITY COUNCIL MEETING SCHEDULE FOR REMAINDER OF 2003; (ADMINISTRATION) RECOMMENDATION: 1) Consider cancellation of the November 24, 2003 and December 22, 2003 City Council meetings; 2) consider direction to staff to bring back a resolution to Council to permanently establish the November -December schedule as one meeting per month; and 3) direct staff to schedule any urgent business for either the December 1" joint meeting with the Planning Commission or the December 8th regular City Council meeting. D-7 DISCUSSION OF TOPICS FOR JOINT CITY COUNCIL/PLANNING COMMISSION SEMI-ANNUAL MEETING; (ADMINISTRATION) RECOMMENDATION: Discuss and direct staff accordingly. E. ADJOURNMENT THIS AGENDA IS SUBJECT TO AMENDMENT UP TO 72 HOURS PRIOR TO THE DATE AND TIME SET FOR THE MEETING. PLEASE REFER TO THE AGENDA POSTED AT CITY HALL FOR ANY REVISIONS OR CALL THE CLERK'S OFFICE AT 772-6200 FOR FURTHER INFORMATION. is COPIES OF STAFF REPORTS OR OTHER PUBLIC DOCUMENTATION RELATING TO EACH ITEM OF BUSINESS REFERRED TO ON THIS AGENDA ARE ON FILE IN THE OFFICE OF THE CITY CLERK AND AVAILABLE FOR PUBLIC INSPECTION AND REPRODUCTION AT COST AT CITY HALL, LIBRARY, AND MILLS STATIONERY. 11 IN COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT, IF YOU NEED SPECIAL ASSISTANCE TO PARTICIPATE IN A CITY MEETING, PLEASE CONTACT THE CITY CLERK'S OFFICE AT LEAST 24 HOURS PRIOR TO THE MEETING TO INSURE THAT REASONABLE ARRANGEMENTS CAN BE MADE TO PROVIDE ACCESSIBILITY TO THE MEETING. 4 ® MINUTES - MORRO BAY CITY COUNCIL SPECIAL MEETING — NOVEMBER 13, 2003 COMMUNITY CENTER MULTI PURPOSE ROOM — 4:00 P.M. Mayor Yates called the meeting to order at 4:00 p.m. PRESENT: William Yates Mayor Dave Elliott Councilmember William Peirce Councilmember Janice Peters Councilmember Betty Winholtz Councilmember STAFF: Robert Hendrix City Manager Robert Schultz City Attorney Jamie Boucher Deputy City Clerk Rick Algert Harbor Director Bruce Ambo Public Services Director Bill Boucher Capital Projects Manager Jeff Jones Fire Chief Jim Koser Finance Director Joe Loven Police Chief Andrea Lueker Recreation & Parks Director ® ESTABLISH QUORUM AND CALL TO ORDER MOMENT OF SILENCE PLEDGE OF ALLEGIANCE MAYOR'S REPORTS & ANNOUNCEMENTS CLOSED SESSION REPORT - City Attorney Robert Schultz reported the City Council met in Closed Session, and no reportable action under the Brown Act was taken. C PUBLIC COMMENT Nelson Sullivan stated he did not write or had any control over the article printed in the New Times relating to his arrest. He said he disagrees with the City Attorney's interpretation of the law, and he also disagrees with the Police Chiefs version of his arrest. Lynda Merrill addressed Item A-5 (Authorization To Express Interest In Acquisition Of Navy Fuel Terminal Property And To Perform Land Appraisal) and asked if the acquisition includes water rights. Stan House announced the 4'h annual "Love Your Library" event and silent auction would be held on November 15, NO3 at the Morro Bay Library. 1 ® MINUTES - MORRO BAY CITY COUNCIL SPECIAL MEETING — NOVEMBER 13, 2003 John Barta addressed the proposed initiative on redistricting and stated the proposed ordinance would allow certain districts to vote during presidential election years which has a higher voter turn -out than non -presidential election years. Dannie Tope stated she has dealt with the City's Police Department for the past five years and has never found the police officers to misbehave. Mayor Yates closed the hearing for public comment. DECLARATION OF FUTURE AGENDA ITEMS Councilmember Elliott requested to agendize a discussion on the future of the City/ County library; Mayor Yates and Councilmember Peters expressed support for this 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 MEETING ON OCTOBER 27, 2003; (ADMINISTRATION) RECOMMENDATION: Approve as submitted. A-2 RESOLUTION NO. 53-03 APPROVING A TRANSFER OF FUNDS FOR THE MONTE YOUNG PLAYGROUND PROJECT AND AWARDING THE CONTRACT FOR CONSTRUCTION TO BRINAR CONSTRUCTION; (RECREATION & PARKS) RECOMMENDATION: Adopt Resolution No. 53-03. A-3 STATUS REPORT ON ALL CAPITAL PROJECTS AND COUNCIL DIRECTED CAPITAL PROJECTS; (ADMINISTRATION) RECOMMENDATION: Receive report for information. A4 RESOLUTION NO. 54-03 AMENDING COUNCIL POLICIES AND PROCEDURES MANUAL SECTIONS 1.2.2 AND 1.3.7.1.1; (CITY ATTORNEY) ® RECOMMENDATION: Adopt Resolution No. 54-03. PA MINUTES - MORRO BAY CITY COUNCIL SPECIAL MEETING—NOVEMBER 13, 2003 A-5 AUTHORIZATION TO EXPRESS INTEREST IN ACQUISITION OF NAVY FUEL TERMINAL PROPERTY AND TO PERFORM LAND APPRAISAL; (PUBLIC SERVICES) RECOMMENDATION: Authorize the preparation and transmittal of correspondence expressing interest in acquisition of the referenced property, and that $8,000 in Water Fund reserves be allocated for a professional appraiser to perform a property appraisal. Councilmember Winholtz pulled Items A-1 and A-4 from the Consent Calendar; Mayor Yates pulled Items A-3 and A-5. MOTION: Councilmember Peters moved the City Council approve Item A-2 of the Consent Calendar. The motion was seconded by Councilmember Peirce and carried unanimously. (5-0) A-1 APPROVAL OF MINUTES FOR THE REGULAR MEETING ON OCTOBER 27, 2003; (ADMINISTRATION) ® Councilmember Winholtz referred to page 4, paragraph 3, and requested the last word in the first sentence "asked" be removed, and replaced with "others raised the topic first". l MOTION: Councilmember Winholtz moved the City Council approve Item A-1 of the Consent Calendar as amended. The motion was seconded by Councilmember Peirce and carried unanimously. (5-0) A-3 STATUS REPORT ON ALL CAPITAL PROJECTS AND COUNCIL DIRECTED CAPITAL PROJECTS; (ADMINISTRATION) Mayor Yates pulled this item at the request of staff. Public Services Director Bruce Ambo stated it has been discovered during the RUDAT project that the budget has been found to be lean, and requested Council consider reallocating funds from the Lila Keiser Park Sheet Piling Project to complete the project. MOTION: Mayor Yates moved the City Council reallocate the remainder of the Lila Keiser Park Sheet Piling Project Capital Improvement Project funds of $26,000 to the RUDAT Program, and approve Item A-3 of the Consent Calendar. The motion was seconded by Councilmember Elliott and carried unanimously. (5-0) 3 ® MINUTES - MORRO BAY CITY COUNCIL SPECIAL MEETING —NOVEMBER 13, 2003 A-4 RESOLUTION NO. 54-03 AMENDING COUNCIL POLICIES AND PROCEDURES MANUAL SECTIONS 1.2.2 AND 1.3.7.1.1; (CITY ATTORNEY) Councilmember Winholtz referred to page 2 to make a spelling correction; and, referred to page 1 by requesting to add a sentence to the end of the first paragraph of Section 1.2.2 as follows: "Otherwise, the Councilmember making the request will provide at minimum a brief description as to the focus of discussion." Mayor Yates and Councilmember Elliott stated they do not support the addition to Section 1.2.2. Councilmember Peters expressed her support to the addition of Section 1.2.2. Councilmember Peirce recommended replacing the word "will" with "may, could, or encouraged." Councilmember Winholtz agreed with changing the word `will" with "strongly ® encouraged." MOTION: Councilmember Winholtz moved the City Council approve Item A-4 of the Consent Calendar as amended. The motion was seconded by Councilmember Peters and carved with Mayor Yates and Councilmember Elliott voting no. (3-2) A-5 AUTHORIZATION TO EXPRESS INTEREST IN ACQUISITION OF NAVY FUEL TERMINAL PROPERTY AND TO PERFORM LAND APPRAISAL; (PUBLIC SERVICES) Mayor Yates requested staff clarification on this item. Capital Projects Manager Bill Boucher stated the US Navy owns a fuel depot and pipeline system located along Panorama Drive in Morro Bay, officially referred to as the Defense Fuel Support Point, Estero Bay. The facility's purpose was to store and transmit jet fuel from ocean tankers to the Lemoore Naval Station. With the completion of an inland pipeline route, the depot was not longer needed for the purpose and the Navy ceased operations in the early 1990's. The site is approximately 10 acres located in the northeast portion of the community, and comes with the appurtenant on -shore intake pipeline and the 94-mile long pipeline from the site to Lemoore, which will not be severed from the acquisition. It is found that while the sale of the property is to be ® negotiated based upon the fair market value, significant discounts up to 100% can be 4 ® MINUTES - MORRO BAY CITY COUNCIL SPECIAL MEETING — NOVEMBER 13, 2003 realized if the land is used for permanent public purposes such as public water supply. If the City or another public agency does not acquire the property, it will then be made available for acquisition by private parties. The land has a low/medium density residential General Plan designation and is zoned R-I/PD. Mr. Boucher recommended the City Council authorize expressing interest in pursuing acquisition of the property and to allocation $8,000 of Water Fund reserves to perform an appraisal of the property. MOTION: Councilmember Elliott moved the City Council approve Item A-5 of the Consent Calendar. The motion was seconded by Councilmember Peirce and carried with Councilmember Winholtz voting no. (4-1) B. PUBLIC HEARINGS. REPORTS & APPEARANCES — NONE. C. UNFINISHED BUSINESS C-1 UPDATE ON THE DUKE ENERGY POWER PLANT MODERNIZATION PROJECT; (CITY ATTORNEY) ® City Attorney Robert Schultz stated little is going on at this time with the Duke Project in regard to the California Energy Commission (CEC) process. The City has been informed that a final decision will be issued in January 2004 and the Regional Water Quality Control Board should be issuing its NPDES at that time. Mr. Schultz stated during the past six months, staff and outside counsel have been working on the terms and conditions for the Agreement to Lease and the Outfall Lease. The timeframe is to finalize the Agreements and then seek approval from Council after the CEC issues a final ruling. This was an informational item; no action was taken. C-2 DISCUSSION ON CLOISTER'S ASSESSMENT DISTRICT; (YATES) This item was continued to the November 24, 2003 City Council meeting. Mayor Yates called for a break at 5:15 p.m.; the meeting resumed at 5:25 p.m. M 5 ® MINUTES - MORRO BAY CITY COUNCIL SPECIAL MEETING —NOVEMBER 13, 2003 D. NEW BUSINESS D-1 RECOMMENDATION FROM THE PUBLIC WORKS ADVISORY BOARD TO REDUCE SPEED LIMITS ON MAIN STREET NEAR RADCLIFFE STREET; (PUBLIC SERVICES) City Engineer Frank Cunningham stated this item was first presented to the Public Works Advisory Board at their September 23, 2003 meeting with approximately 25 to 30 residents from the Harbor Front Tract in attendance. Public comments focused on the lack of sight distance looking south when exiting Radcliffe to turn left on Main Street, delays, speeding vehicles, no enforcement, and vehicles having to exit right (northbound on Main Street) at certain times due to heavy traffic volumes. The Circulation Element notes the issues and concerns at the intersection of Radcliffe and Main Street. A proposed realignment of Radcliffe to the north connecting Main Street at the Highway 1 on/off ramps has been an identified traffic mitigation project in which the City collects fees to fund the project. A rough estimated cost for this realignment is $1 million. Another concept that was discussed at the Public Works Advisory Board meetings and forwarded for consideration was to re - stripe Main Street to facilitate a multi-tuming lane. This multi -turning lane would allow ® vehicles exiting Radcliffe and going south on Main Street, a middle lane to cross the northbound traffic and then merge with the southbound traffic when safe. There is not sufficient width across Main Street at the north side of the bridge under -crossing to facilitate both the multi -turning lane and bike lanes. The current striped Class II bike lanes would have to be amended to Class III bike lanes. Mr. Cunningham stated the Public Works Advisory Board and staff recommend the following: 1) consider an advisory 25 mph speed limit sign along Main St. from Quintana Rd. to Highway 41; 2) increase police presence at this intersection to enforce traveling speeds and safety; and 3) consider amending the Bikeway Plan to convert existing bike lanes to a bike route along Main St. to facilitate a middle turning lane. A MOTION: Councilmember Peirce moved the City Council direct staff to pursue realignment of the road, when funds are available, to bring it opposite of the off -ramp; and, further direct staff to work with CalTrans in an effort to provide stop signs for a t-intersection, and in the meantime place a cautionary sign with cautionary box dots on either side as recommended by the City Engineer. The motion was seconded by Councilmember Winholtz and carried unanimously. (5-0) Councilmember Peters requested there be increased police presence at this intersection to make people aware of the problem; Council concurred. n. MINUTES - MORRO BAY CITY COUNCIL SPECIAL MEETING —NOVEM 3ER 13, 2003 D-2 RECOMMENDATION FROM THE PUBLIC WORKS ADVISORY BOARD TO INSTALL TWO 4-WAY STOP SIGNS ALONG SAN JOAQUIN STREET; (PUBLIC SERVICES) City Engineer Frank Cunningham stated this item was first presented to the Public Works Advisory Board at their October 28, 2003 meeting with approximately 8 nearby residents in attendance. Public comments focused on the number of accidents as well as the high number of near misses, as a result of the uncontrolled intersections and the excessive vehicle speeds on San Joaquin Street. Also discussed was the increase in area traffic due to closing Morro Elementary School in 2002. Mr. Cunningham stated the Public Works Advisory Board and staff recommend the City Council consider the installation of 4-way stop signs at San Joaquin Street and Greenwood Avenue and San Joaquin Street and Cedar Street. MOTION: Councilmember Peirce moved the City Council approve the installation of 4-way stop signs at San Joaquin Street and Greenwood Avenue and San Joaquin Street and Cedar Street. The motion was seconded by Councilmember Elliott and carried unanimously. (5-0) ® D-3 COUNCIL REQUEST TO CONSIDER DISCUSSION ON DEVELOPING AN OPEN SPACE PROGRAM; (WINHOLTZ) Councilmember Winholtz stated during the 2002 calendar year at the direction of the City Council, the Recreation and Parks Commission solicited public and expert input, and subsequently discussed and recommended actions concerning an Open Space Policy/Program for the City. Currently, several activities dovetail with the topic of an Open Space Program: exploring annexation, forming Destination 2020, and completing the General Plan/Local Coastal Plan. Councilmember Winholtz stated it is timely that the City Council address if, how, and where open space is to be addressed. MOTION: Councilmember Winholtz moved the City Council request the Destination 2020 Committee make the development of an Open Space Program a priority topic of discussion. The motion was seconded by Councilmember Peters and carried unanimously. (5-0) D4 COUNCIL DISCUSSION OF POLICY REGARDING WRITING LETTERS; (WINHOLTZ) Councilmember Winholtz stated since serving on the City Council, she has written letters to individuals and other agencies, once on City letterhead and other occasions not. She said she would like to discuss the policy of when to use official letterhead, implying an ® official position, in order to clarify so all members are acting under the same protocol. 7 ® MINUTES - MORRO BAY CITY COUNCIL SPECIAL MEETING —NOVEMBER 13, 2003 Mayor Yates stated he makes a conscious decision of how to present himself, and believes he does it appropriately using common sense. Councilmember Elliott stated each Councilmember has a title and should acknowledge that title when endorsing a situation or writing communication relating to the City. Councilmember Peirce stated it is appropriate when someone contacts a Councilmember with a concern to respond to them as a member of the City Council. He said when responding with a strong feeling of advocacy, that person should use wise judgment as to responding as a Councilmember or a citizen. Councilmember Peters stated she will be writing a letter in opposition to a major project in the City using her personal letterhead, however, stating she was on the losing vote of the City Council on this issue. No further action was taken on this item. D-5 DISCUSSION ON CRITERIA FOR SALARY LEVELS OF DEPARTMENT ® HEADS; (ADMINISTRATION) Councilmember Peters stated she requested this discussion to find out job duties and responsibilities and how the different levels of compensation are determined. This item will be agendized for further discussion at the November 24, 2003 City Council meeting. D-6 CITY COUNCIL MEETING SCHEDULE FOR REMAINDER OF 2003; (ADMINISTRATION) City Manager Robert Hendrix stated staff is requesting the City Council consider changing the standing meeting schedule to cancel the second business meetings in November and December. This time of year, the Council is typically quite busy with other activities and these agendas have traditionally been quite light when the meetings have been held. As an alternative, Council might consider adopting a schedule of meetings at the beginning of each calendar year. Doing so would allow for more advance planning and for schedule conflicts to be identified and planned in advance. Mr. Hendrix recommended the City Council: 1) consider cancellation of the November 24, 2003 and December 22, 2003 City Council meetings; 2) consider direction to staff to bring back a resolution to Council to permanently establish the November -December schedule as one meeting per month; and 3) direct staff to schedule any urgent business for either the December I' joint meeting with the Planning ® Commission or the December 8`s regular City Council meeting. ® MINUTES - MORRO BAY CITY COUNCIL SPECIAL MEETING — NOVEMBER 13, 2003 Councilmember Peters stated she supports permanently canceling the second meeting in December; however, not make it policy to cancel the second meeting in November, and review the workflow each year. Councilmember Peirce stated he supports staffs recommendation. Councilmember Winholtz stated she does not support canceling the second meeting in November because it lessens the chance for public input. She does support canceling the second meeting in December. Councilmember Elliott stated he supports the second meeting in December on a permanent basis; however, he does not support canceling the second meeting in November. Mayor Yates stated he has concern with scheduling some upcoming items that will take lengthy discussion. ® Council discussed the scheduling of several upcoming topics and concluded to not cancel the November 24, 2063 meeting. MOTION: Councilmember Elliott moved the City Council direct staff to draft a resolution permanently canceling the second meeting in December of each year for Council approval. The motion was seconded by Councilmember Winholtz and carried unanimously. (5-0) D-7 DISCUSSION OF TOPICS FOR JOINT CITY COUNCIL/PLANNING COMMISSION SEMI-ANNUAL MEETING; (ADMINISTRATION) This item was continued to the November 24, 2003 City Council meeting. E. ADJOURNMENT The meeting adjourned at 6:35 p.m. Recorded by: I�vvu.A� e Boucher ® Deputy City Clerk E ® City of Morro Bay City Council Agenda Mission Statement The City of Morro Bay is dedicated to the preservation and enhancement of the quality of life. The City shall be committed to this purpose and will provide a level of municipal service and safety consistent with and responsive to the needs of the public. REGULAR MEETING — NOVEMBER 10, 2003 CLOSED SESSION — NOVEMBER 10, 2003 CITY HALL CONFERENCE ROOM - 5:00 P.M. 595 HARBOR ST., MORRO BAY, CA CS-1 GOVERNMENT CODE SECTION 54956.8; REAL PROPERTY TRANSACTIONS. Instructing City's real property negotiator regarding the ® price and terms of payment for the purchase, sale, exchange, or lease of real property as to two (2) parcels. Property: 220 Atascadero Negotiating Parties: Don and Mary Puett and City of Morro Bay. Negotiations: Lease Terms and Conditions. Property: Vacant Lot1950 Napa Street. Negotiating Parties: John Lien and City of Morro Bay. Negotiations: Voluntary Purchase and Sale. IT IS NOTED THAT THE CONTENTS OF CLOSED SESSION MEETINGS ARE CONFIDENTIAL AND EXEMPT FROM DISCLOSURE. 01 PUBLIC SESSION — NOVEMBER 10, 2003 ® VETERANS MEMORIAL HALL - 6:00 P.M. 209 SURF ST., MORRO BAY, CA ESTABLISH QUORUM AND CALL TO ORDER MOMENT OF SILENCE PLEDGE OF ALLEGIANCE MAYOR AND COUNCILMEMBERS ANNOUNCEMENTS & PRESENTATIONS [�1IiI.�lI11.`I�Y.9L�7►/'7�]Y�7�1 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. • The Council respectfully requests that you refrain from making slanderous, ® profane or personal remarks against any elected official, commission and/or staff. • Please refrain from public displays or outbursts such as unsolicited applause, comments or cheering. • Any disruptive activities that substantially interfere with the ability of the City Council to carry out its meeting will not be permitted and offenders will be requested to leave the meeting. • Your participation in City Council meetings is welcome and your courtesy will be appreciated. In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the City Clerk, (805) 772-6205. Notification 72 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. COUNCIL DECLARATION OF FUTURE AGENDA ITEMS 0 2 A. CONSENT CALENDAR ® Unless an item is pulled for separate action by the City Council, the following actions are approved without discussion. A-1 APPROVAL OF MINUTES FOR THE REGULAR MEETING ON OCTOBER 27, 2003; (ADMINISTRATION) RECOMMENDATION: Approve as submitted. A-2 RESOLUTION NO. 53-03 APPROVING A TRANSFER OF FUNDS FOR THE MONTE YOUNG PLAYGROUND PROJECT AND AWARDING THE CONTRACT FOR CONSTRUCTION TO BRINAR CONSTRUCTION; (RECREATION & PARKS) RECOMMENDATION: Adopt Resolution No. 53-03. A-3 STATUS REPORT ON ALL CAPITAL PROJECTS AND COUNCIL DIRECTED CAPITAL PROJECTS; (ADMINISTRATION) RECOMMENDATION: Receive report for information. A-4 RESOLUTION NO. 54-03 AMENDING COUNCIL POLICIES AND PROCEDURES MANUAL SECTIONS 1.2.2 AND 1.3.7.1.1; (CITY ® ATTORNEY) RECOMMENDATION: Adopt Resolution No. 54-03. A-5 AUTHORIZATION TO EXPRESS INTEREST IN ACQUISITION OF NAVY FUEL TERMINAL PROPERTY AND TO PERFORM LAND APPRAISAL; (PUBLIC SERVICES) RECOMMENDATION: Authorize the preparation and transmittal of correspondence expressing interest in acquisition of the referenced property, and that $8,000 in Water Fund reserves be allocated for a professional appraiser to perform a property appraisal. B. PUBLIC HEARINGS. REPORTS & APPEARANCES B-1 POTENTIAL TOURIST DEVELOPMENT AT THE EMBARCADERO MARKET STREET SITE AND ASSESSMENT OF MORRO BAY TOURISM MARKETING INFRASTRUCTURE; (ADMINISTRATION) RECOMMENDATION: 1) Approve the Request for Proposal (RFP) for both the Embarcadero-Market Avenue Site and the Assessment of Morro Bay Tourism Marketing Infrastructure with any associated amendments; 2) direct staff to ® make changes as necessary and publish the RFP; and 3) direct staff to return to the City Council with specific recommendations for the makeup and organization of proposed review committees. RI ® C. UNFINISHED BUSINESS C-1 UPDATE ON THE DUKE ENERGY POWER PLANT MODERNIZATION PROJECT; (CITY ATTORNEY) RECOMMENDATION: Receive report for information. C-2 DISCUSSION ON CLOISTER'S ASSESSMENT DISTRICT; (YATES) RECOMMENDATION: Discuss and direct staff accordingly. D. NEW BUSINESS D-1 RECOMMENDATION FROM THE PUBLIC WORKS ADVISORY BOARD TO REDUCE SPEED LIMITS ON MAIN STREET NEAR RADCLIFFE STREET; (PUBLIC SERVICES) RECOMMENDATION: 1) Consider reducing the speed limit from 30 and 35 mph to 25 mph along Main St. from Quintana Rd. to Highway 41; 2) increase police presence at this intersection to enforce traveling speeds and safety; and 3) consider amending the Bikeway Plan to convert existing bike lanes to a bike route along Main St. to facilitate a middle turning lane. ® D-2 RECOMMENDATION FROM THE PUBLIC WORKS ADVISORY BOARD TO INSTALL TWO 4-WAY STOP SIGNS ALONG SAN JOAQUIN STREET; (PUBLIC SERVICES) RECOMMENDATION: Consider the installation of 4-way stop signs at San Joaquin Street and Greenwood Avenue and San Joaquin Street and Cedar Street. D-3 COUNCIL REQUEST TO CONSIDER DISCUSSION ON DEVELOPING AN OPEN SPACE PROGRAM; (WINHOLTZ) RECOMMENDATION: Discuss and direct staff accordingly. D4 COUNCIL DISCUSSION OF POLICY REGARDING WRITING LETTERS; (WINHOLTZ) RECOMMENDATION: Discuss and direct staff accordingly. D-5 DISCUSSION ON CRITERIA FOR SALARY LEVELS OF DEPARTMENT HEADS; (ADMINISTRATION) RECOMMENDATION: Discuss and direct staff accordingly. 2 D-6 CITY COUNCIL MEETING SCHEDULE FOR REMAINDER OF 2003; (ADMINISTRATION) IF RECOMMENDATION: 1) Consider cancellation of the November 24, 2003 and December 22, 2003 City Council meetings; 2) consider direction to staff to bring back a resolution to Council to permanently establish the November -December schedule as one meeting per month; and 3) direct staff to schedule any urgent business for either the December I" joint meeting with the Planning Commission or the December 81h regular City Council meeting. D-7 DISCUSSION OF TOPICS FOR JOINT CITY COUNCIL/PLANNING COMMISSION SEMI-ANNUAL MEETING; (ADMINISTRATION) RECOMMENDATION: Discuss and direct staff accordingly. E. ADJOURNMENT THIS AGENDA IS SUBJECT TO AMENDMENT UP TO 72 HOURS PRIOR TO THE DATE AND TIME SET FOR THE MEETING. PLEASE REFER TO THE AGENDA POSTED AT CITY HALL FOR ANY REVISIONS OR CALL THE CLERK'S OFFICE AT 772-6200 FOR FURTHER INFORMATION. ® COPIES OF STAFF REPORTS OR OTHER PUBLIC DOCUMENTATION RELATING TO EACH ITEM OF BUSINESS REFERRED TO ON THIS AGENDA ARE ON FILE IN THE OFFICE OF THE CITY CLERK AND AVAILABLE FOR PUBLIC INSPECTION AND REPRODUCTION AT COST AT CITY HALL, LIBRARY, AND MILLS STATIONERY. M 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 — NOVEMBER 10, 2003 ® CITY HALL CONFERENCE ROOM - 5:00 P.M. Mayor Yates called the meeting to order at 5:00 p.m. PRESENT: William Yates Mayor Dave Elliott Councilmember William Peirce Councilmember Janice Peters Councilmember Betty Winholtz Councilmember STAFF: Robert Hendrix City Manager Robert Schultz City Attorney CLOSED SESSION MOTION: Councilmember Peirce moved the meeting be adjourned to Closed Session. The motion was seconded by Councilmember Peters and unanimously carried. (5-0) Mayor Yates read the Closed Session Statement. CS-1 GOVERNMENT CODE SECTION 54956.8; REAL PROPERTY ® TRANSACTIONS. Instructing City's real property negotiator regarding the price and terms of payment for the purchase, sale, exchange, or lease of real property as to two (2) parcels. • Property: 220 Atascadero Negotiating Parties: Don and Mary Puett and City of Morro Bay. Negotiations: Lease Terms and Conditions. • Property: Vacant Lot/950 Napa Street. Negotiating Parties: John Lien and City of Morro Bay. Negotiations: Voluntary Purchase and Sale. The meeting adjourned to Closed Session at 5:00 p.m. and returned to regular session at 5:58 p.m. MOTION: Councilmember Peirce moved the meeting be adjourned. The motion was seconded by Councilmember Winholtz and unanimously carried. (5-0) The meeting adjourned at 5:58 p.m. [1] MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING — NOVEMBER 10, 2003 ® VETERANS MEMORIAL HALL - 6:00 P.M. Mayor Yates called the meeting to order at 6:00 p.m. PRESENT: William Yates Mayor Dave Elliott Councilmember William Peirce Councilmember Janice Peters Councilmember Betty Winholtz Councilmember DI STAFF: Robert Hendrix Robert Schultz Bridgett Bauer Rick Algert Bruce Ambo Bill Boucher Frank Cunningham Jeff Jones Jim Koser Joe Loven Andrea Lueker Mike Prater City Manager City Attorney City Clerk Harbor Director Public Services Director Capital Projects Manager City Engineer Fire Chief Finance Director Police Chief Recreation & Parks Director Associate Planner ESTABLISH QUORUM AND CALL TO ORDER MOMENT OF SILENCE PLEDGE OF ALLEGIANCE MAYOR'S REPORTS & ANNOUNCEMENTS CLOSED SESSION REPORT - City Attorney Robert Schultz reported the City Council met in Closed Session, and no reportable action under the Brown Act was taken. PUBLIC COMMENT Dannie Tope announced the Jessica Hatcher Benefit for Heart Run would be held on Saturday, November 22, 2003 at Lila Keiser Park. She also thanked the City for the downtown lighting. Tom Laurie stated his understanding of the negotiations between the City and Duke Energy relating to the Outfall Lease Agreement is for the operation of the existing plant and not for any new or modernized plant. He said the outfall lease is all the City has to leverage any concessions or benefits from Duke Energy. Peter Wagner expressed concern with the arrest of Nelson Sullivan. ® David Nelson also expressed concern with the arrest of Nelson Sullivan. Due to an emergency, Mayor Yates adjourned the meeting at 7:15 p.m. ® City of Morro Bay City Council Agenda Mission Statement The City of Morro Bay is dedicated to the preservation and enhancement of the quality of life. The City shall be committed to this purpose and will provide a level of municipal service and safety consistent with and responsive to the needs of the public. REGULAR MEETING — OCTOBER 27, 2003 CLOSED SESSION — OCTOBER 27, 2003 CITY HALL CONFERENCE ROOM - 5:00 P.M. 595 HARBOR ST., MORRO BAY, CA CS-1 GOVERNMENT CODE SECTION 54956.9(C); CONFERENCE WITH ® LEGAL COUNSEL DUE TO ANTICIPATED LITIGATION. Initiation of litigation exists based upon existing facts and the advice of legal counsel as to one matter: • Parties: City of Morro Bay and Jay and Mereline Coakley. Issue: Breach of lease agreement for lease site 30W-33 W and 34; The Morro Bay Fuel Dock and adjacent boat slips. CS-2 GOVERMENT 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 1 parcel: Property: 950 Napa Avenue Negotiating Parties: John Lien and City of Morro Bay. Negotiations: Voluntary Purchase and Sale. isIT IS NOTED THAT THE CONTENTS OF CLOSED SESSION MEETINGS ARE CONFIDENTIAL AND EXEMPT FROM DISCLOSURE. PUBLIC SESSION — OCTOBER 27, 2003 VETERANS MEMORIAL HALL - 6:00 P.M. 209 SURF ST., MORRO BAY, CA ESTABLISH QUORUM AND CALL TO ORDER MOMENT OF SILENCE PLEDGE OF ALLEGIANCE 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. • The Council respectfully requests that you refrain from making slanderous, profane or personal remarks against any elected official, commission and/or staff. • Please refrain from public displays or outbursts such as unsolicited applause, comments or cheering. • Any disruptive activities that substantially interfere with the ability of the City Council to carry out its meeting will not be permitted and offenders will be requested to leave the meeting. • Your participation in City Council meetings is welcome and your courtesy will be appreciated. In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the City Clerk, (805) 772-6205. Notification 72 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. 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. 2 A-1 APPROVAL OF MINUTES FOR THE REGULAR MEETINGS ON SEPTEMBER ® 22, 2003 AND OCTOBER 13, 2003; (ADMINISTRATION) RECOMMENDATION: Approve as submitted. A-2 RESOLUTION NO. 52-03 AMENDING THE CITY'S MASTER FEE SCHEDULE TO INCREASE WATER CONNECTION FEES; (PUBLIC SERVICES) RECOMMENDATION: Adopt Resolution No. 52-03. A-3 ADOPTION OF ORDINANCE NO. 498 AMENDING SECTION 12.08.070 OF THE MORRO BAY MUNICIPAL CODE — TREE REMOVAL BY CITY FOR CAUSE; (PUBLIC SERVICES) RECOMMENDATION: Adopt Ordinance No. 498. A-4 RECOMMENDATION FOR CLOISTER'S WETLAND MONITORING PLAN; (RECREATION & PARKS) RECOMMENDATION: Approve the monitoring of the Cloisters wetland for another year. ® A-5 RESOLUTION NO. 51-03 ADOPTING THE CITY'S MULTI -HAZARD EMERGENCY RESPONSE PLAN; (FIRE) D] RECOMMENDATION: Adopt Resolution No. 51-03. A-6 PROCLAMATION DECLARING NOVEMBER 11, 2003 AS "VETERANS DAY"; (ADMINISTRATION) RECOMMENDATION: Adopt Proclamation. B. PUBLIC HEARINGS. REPORTS & APPEARANCES B-1 POTENTIAL TOURIST DEVELOPMENT AT THE EMBARCADERO MARKET STREET SITE AND ASSESSMENT OF MORRO BAY TOURISM MARKETING INFRASTRUCTURE; (ADMINISTRATION) RECOMMENDATION: This item has been pulled from the agenda and will be re- scheduled for November 10, 2003 N ® C. UNFINISHED BUSINESS C-1 LEASE AND OPERATION OF COMMERCIAL ROLLER SKATING FACILITY — ANALYSIS OF PROPOSAL AND RECOMMENDATION OF RECREATION & PARKS COMMISSION; (ADMINISTRATION) M RECOMMENDATION: See Staff Report for this item. D. NEW BUSINESS D-1 DISCUSSION ON LOCATING RESTROOMS IN THE DOWNTOWN AREA; (COUNCILMEMBER PETERS) RECOMMENDATION: Discuss and direct staff accordingly. D-2 STATUS REPORT ON ALL CAPITAL PROJECTS AND OTHER COUNCIL ASSIGNMENTS TO STAFF; (ADMINISTRATION) RECOMMENDATION: Receive and file report. E. ADJOURNMENT THIS AGENDA IS SUBJECT TO AMENDMENT UP TO 72 HOURS PRIOR TO THE DATE AND TIME SET FOR THE MEETING. PLEASE REFER TO THE AGENDA POSTED AT CITY HALL FOR ANY REVISIONS OR CALL THE CLERK'S OFFICE AT 772-6200 FOR FURTHER INFORMATION. COPIES OF STAFF REPORTS OR OTHER PUBLIC DOCUMENTATION RELATING TO EACH ITEM OF BUSINESS REFERRED TO ON THIS AGENDA ARE ON FILE IN THE OFFICE OF THE CITY CLERK AND AVAILABLE FOR PUBLIC INSPECTION AND REPRODUCTION AT COST AT CITY HALL, LIBRARY, AND MILLS STATIONERY. IN COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT, IF YOU NEED SPECIAL ASSISTANCE TO PARTICIPATE IN A CITY MEETING, PLEASE CONTACT THE CITY CLERK'S OFFICE AT LEAST 24 HOURS PRIOR TO THE MEETING TO INSURE THAT REASONABLE ARRANGEMENTS CAN BE MADE TO PROVIDE ACCESSIBILITY TO THE MEETING. rd ® - MINUTES - MORRO BAY CITY COUNCIL CLOSED SESSION — OCTOBER 27, 2003 CITY HALL CONFERENCE ROOM - 5:00 P.M. Mayor Yates called the meeting to order at 5:00 p.m PRESENT: William Yates Mayor Dave Elliott Councilmember William Peirce Councilmember Janice Peters Councilmember Betty Winholtz Councilmember STAFF: Robert Hendrix City Manager Robert Schultz City Attorney CLOSED SESSION MOTION: Councilmember Peters moved the meeting be adjourned to Closed Session. The motion was seconded by Councilmember Elliott and unanimously carried. (5-0) Mayor Yates read the Closed Session Statement. ® CS -I GOVERNMENT CODE SECTION 54956.9(C): CONFERENCE WITH LEGAL COUNSEL DUE TO ANTICIPATED LITIGATION. Initiation of litigation exists based upon existing facts and the advice of legal counsel as to one matter: • Parties: City of Morro Bay and Jay and Mereline Coakley. Issue: Breach of lease agreement for lease site 30W-33 W and 34; The Morro Bay Fuel Dock and adjacent boat slips. CS-2 GOVERMENT 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 1 parcel: • Property: 950 Napa Avenue Negotiating Parties: John Lien and City of Morro Bay. Negotiations: Voluntary Purchase and Sale. The meeting adjourned to Closed Session at 5:00 p.m. and returned to regular session at 5:58 p.m. MOTION: Councilmember Winholtz moved the meeting be adjourned. The motion was seconded by Councilmember Peirce and unanimously carried. (5-0) ® The meeting adjourned at 5:58 p.m. MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING — OCTOBER 27, 2003 VETERANS MEMORIAL HALL - 6:00 P.M. Mayor Yates called the meeting to order at 6:00 p.m PRESENT: William Yates Mayor Dave Elliott Councilmember William Peirce Councilmember Janice Peters Councitmember Betty Winholtz Councilmember STAFF: Robert Hendrix Robert Schultz Bridgett Bauer Rick Algert Bruce Ambo Bill Boucher JeffJones Jim Koser Joe Loven Andrea Lueker City Manager City Attorney City Clerk Harbor Director Public Services Director Capital Projects Manager Fire Chief Finance Director Police Chief Recreation & Parks Director ESTABLISH QUORUM AND CALL TO ORDER MOMENT OF SILENCE PLEDGE OF ALLEGIANCE MAYOR'S REPORTS & ANNOUNCEMENTS CLOSED SESSION REPORT - City Attorney Robert Schultz reported the City Council met in Closed Session, and no reportable action under the Brown Act was taken. Mr. Schultz stated the City Council added an urgency matter (Government Code Section 54954.2.b) to the Closed Session agenda to discuss one matter under Personnel Issues (Government Code Section 54957), and no reportable action under the Brown Act was taken. PUBLIC COMMENT Jim Wood announced there would be a Veterans Day Celebration on November 8'h at the Veterans' Memorial Building to honor WWII Veterans and their families. Kim Kimball announced Rotary International held their district conference in San Luis Obispo County that included members from out of the country. Barbara Playan expressed concern with the proposed initiative stating districting is not necessary in the City of Morro Bay. 4 ® MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING — OCTOBER 27, 2003 Don Maruska shared a copy of his book "How Great Decisions Get Made" with the City Council. Mary Jane Puett addressed Item C-1 (Lease and Operation of Commercial Roller Skating Facility — Analysis of Proposal and Recommendation of Recreation & Parks Commission) and stated she and her husband have heard from the community that they want the skating rink to be reopened. The following people expressed support for the re -opening of Flippo's Skating Rink: Paula Daleck, Linda Holland, Dwight Eicken, Suzanne Knapp, Diana Ion, Andrea Shock, Terry Atkin, Daniel Puett and Bill Davies. Roger Ewing addressed the Closed Session agenda item under Real Property Transactions, and asked why the City is considering the purchase of property and where is the money coming from. He also referred to Item C-1 stating he is opposed to the proposal made to reopen the skating rink because it is not good business sense for the City to subsidize a skating rink, and not all citizens will benefit from a skating rink. ® Lynda Merrill read a letter written by her husband in opposition to the skating rink. She also stated there is dissention of some citizens on the north side of town that their voices are not heard relating to several issues in the City. David Nelson referred to the Colmer Development project and the low-cost housing proposed prior to approvals that have since changed. He also asked about the status of the Duke Energy project, noting they owe the City one-half million dollars. Mr. Nelson expressed opposition to the skating rink proposal. Roger Smiley read from the John Birch Society regarding the conduct of an elected official. Joan Solu requested the City consider obtaining a feasibility study for placement of a swimming pool at 220 Atascadero Road, noting a pool would be a wider used recreational facility. Roxanne Mancini also requested Council consider obtaining a feasibility study for a pool at220 Atascadero Road. Bill Olson stated access to the Mayor and City Council is not an issue noting in the past 20 years five out of seven mayors were from North Morro Bay. ® John Barta explained the present election process vs. the proposed initiative's system. ® MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING — OCTOBER 27, 2003 Stan House addressed the proposed initiative stating 45% of the City residents are tenants who would have a difficult time participating in the local government election process if this initiative is approved. He also shared a photo of the sea lion population in Monterey stating six boats have sunk due to this problem. Brenda Agee -Smiley stated this initiative would take the money out of running for City Council giving the residents more of a choice. She said it would allow more citizens to get involved in their local government. Barry Dorfman stated the proponents would not use City Council meetings as a platform to address the initiative unless others raised the topic first. He also stated a public hearing is needed relating to the proposal to re -open Flippo's Skating Rink. Ken Vesterfelt expressed support for both a skating rink and a swimming pool; however, a new fire station should be a priority. He also said people should have the right to speak and not be harassed. Cherie Neal stated a swimming pool in Morro Bay would serve both the old and young citizens. ® Norman Taggart stated a swimming pool would serve the community more than a skating rink. Neil Farrell, MB Public Art Foundation, stated the Merchants Association is purchasing banners to go up in the downtown area when the new streetlights are in place. He also said a new mural is going up at the laundromat on Harbor Street. Mayor Yates closed the hearing for public comment. DECLARATION OF FUTURE AGENDA ITEMS Councilmember Peirce requested the review of a personnel study on the Fire Department; Mayor Yates agreed and requested it be placed on the November 24, 2003 City Council agenda. Councilmember Peters requested the discussion of the criteria for salary levels of department heads. Mayor Yates called for a break at 7:30 p.m.; the meeting resumed at 7:45 p.m ® MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING — OCTOBER 27, 2003 A. CONSENT CALENDAR Unless an item is pulled for separate action by the City Council, the following actions are approved without discussion. A-1 APPROVAL OF MINUTES FOR THE REGULAR MEETINGS ON SEPTEMBER 22, 2003 AND OCTOBER 13, 2003; (ADMINISTRATION) RECOMMENDATION: Approve as submitted. A-2 RESOLUTION NO. 52-03 AMENDING THE CITY'S MASTER FEE SCHEDULE TO INCREASE WATER CONNECTION FEES; (PUBLIC SERVICES) RECOMMENDATION: Adopt Resolution No. 52-03. A-3 ADOPTION OF ORDINANCE NO. 498 AMENDING SECTION 12.08.070 OF THE MORRO BAY MUNICIPAL CODE — TREE REMOVAL BY CITY FOR CAUSE; (PUBLIC SERVICES) ® RECOMMENDATION: Adopt Ordinance No. 498. A4 RECOMMENDATION FOR CLOISTER'S WETLAND MONITORING PLAN; (RECREATION & PARKS) RECOMMENDATION: Approve the monitoring of the Cloisters wetland for another year. A-5 RESOLUTION NO. 51-03 ADOPTING THE CITY`S MULTI -HAZARD EMERGENCY RESPONSE PLAN; (FIRE) RECOMMENDATION: Adopt Resolution No. 51-03. A-6 PROCLAMATION DECLARING NOVEMBER 11, 2003 AS "VETERANS DAY'; (ADMINISTRATION) RECOMMENDATION: Adopt Proclamation. Councilmember Winholtz pulled Items A-1 and A4 from the Consent Calendar. C 9 ® MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING — OCTOBER 27, 2003 MOTION: Councilmember Peirce moved the City Council approve the Consent Calendar with the exception of Items A-1 and A-4. The motion was seconded by Councilmember Winholtz and carried unanimously. (5-0) A-1 APPROVAL OF MINUTES FOR THE REGULAR MEETINGS ON SEPTEMBER 22, 2003 AND OCTOBER 13, 2003; (ADMINISTRATION) Councilmember Winholtz addressed corrections to the minutes of September 22, 2003 and October 13. 2003 that were before Council in a memorandum from the City Clerk. MOTION: Councilmember Winholtz moved the City Council approve Item A-1 of the Consent Calendar as amended. The motion was seconded by Councilmember Peirce and carried unanimously. (5-0) A-4 RECOMMENDATION FOR CLOISTER'S WETLAND MONITORING PLAN; (RECREATION & PARKS) Councilmember Winholtz requested staff clarification on this item. ® Recreation & Parks Director Andrea Lueker responded the City of Morro Bay Recreation & Parks Department has been maintaining the 34+ acres of Cloisters Open Space and Parkland since January 1999. In April 2003, the wetland depth was monitored, recorded and compared to the original elevations. Staff is recommending that the depths be once again monitored in Spring 2004 and then a decision about further dredging and/or vegetation removal be made. MOTION: Councilmember Winholtz moved the City Council approve Item A-4 of the Consent Calendar. The motion was seconded by Councilmember Elliott and carried unanimously. (5-0) B. PUBLIC HEARINGS. REPORTS & APPEARANCES B-1 POTENTIAL TOURIST DEVELOPMENT AT THE EMBARCADERO MARKET STREET SITE AND ASSESSMENT OF MORRO BAY TOURISM MARKETING INFRASTRUCTURE; (ADMINISTRATION) This item was pulled from the agenda and will be re -scheduled for November 10, 2003. DI 0 ® MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING — OCTOBER 27, 2003 C. UNFINISHED BUSINESS C-1 LEASE AND OPERATION OF COMMERCIAL ROLLER SKATING FACILITY — ANALYSIS OF PROPOSAL AND RECOMMENDATION OF RECREATION & PARKS COMMISSION; (ADMINISTRATION) City Manager Robert Hendrix stated the City Council requested staff solicit proposals for an operator to lease the building at 220 Atascadero Road for the purpose of operating the facility as a commercial skating rink. Staff developed and Council approved a Request for Proposal for the purpose of obtaining competitive proposals for the building. Forty-six bid packages were distributed although only one proposal was received. The single response was provided to the Recreation & Parks Commission for consideration at their October 9, 2003 meeting. The Commission recommended the lease move forward only if key issues related to the lease and construction costs were resolved. The Commission felt that the proposed rental was too low and the term of the lease too long. The Commission was also concerned about the lack of performance guarantees. Mr. Hendrix stated the City should enter into the lease only if a fair market rent is received and if performance guarantees are provided that would insure the recovery of remodeling costs. ® Mayor Yates expressed disappointment with the staff report in that it did not find any benefits in the proposal. C Councilmember Peters stated the staff report is complete and well written with the facts. She stated perhaps the City should consider running the skate rink because it is not a good idea to subsidize a private enterprise. Councilmember Winholtz stated she would like to address issues brought up by the Recreation & Parks Commission. Mayor Yates stated he would like to return this issue to staff to negotiate with the Puett's, and bring it back to Council in Closed Session. Councilmember Elliott stated this facility should either be used for City use or sell it and use the funds for an appropriate use. He said it is interesting that 46 Request for Proposal packets went out, and the only proposal that was received does not come close to providing a break even on the City and taxpayer investment on this property. Councilmember Elliott stated City funds should not be used to subsidize a private enterprise. Councilmember Peirce stated he is not in favor of the proposal as it stands. He said he is willing to negotiate the terms of this proposal in Closed Session. 7 ® MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING — OCTOBER 27, 2003 MOTION: Mayor Yates moved this item be continued to the City Council Closed Session agenda on November 10, 2003 to discuss the City's negotiating parameters with Donald and Mary Jane Puett. The motion was seconded by Councilmember Peirce and carried with Councilmember Peters voting no. (4-1) D. NEW BUSINESS D-1 DISCUSSION ON LOCATING RESTROOMS IN THE DOWNTOWN AREA; (COUNCILMEMBER PETERS) Councilmember Peters requested this item for discussion at the October 13, 2003 City Council meeting under Future Agenda Items. Councilmember Peters stated while reviewing the goals for the City, the main request from the downtown merchants was the need for a public restroom. She requested Council support in directing staff to take the next step and look for property to lease for a public restroom, or the cost of a permanently installed port -a -potty. ® Councilmember Elliott stated there are a number of vacant properties in this area, and perhaps Council should direct staff to contact the owners of the properties within one block of Morro Bay Boulevard and Main Street regarding the lease or purchase for a public restroom. MOTION: Councilmember Peters moved the City Council direct staff to research the purchase or lease of property for the construction or placement of portable restrooms in the downtown area, and report back to Council within one month. The motion was seconded by Councilmember Elliott and carried unanimously. (5-0) D-2 STATUS REPORT ON ALL CAPITAL PROJECTS AND OTHER COUNCIL ASSIGNMENTS TO STAFF; (ADMINISTRATION) City Manager Robert Hendrix stated at the October 13, 2003 City Council meeting, staff was directed to provide a report detailing all City capital projects and a listing of other City Council assignments to staff which is before Council for review. Councilmember Winholtz stated this a very comprehensive report and she would like time to review it. Councilmember Peirce stated it would be helpful if this report included dates of ® inception. He said he would like to review this report each year prior to budget hearings. 3 E Cal MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING — OCTOBER 27, 2003 Councilmember Elliott stated Council should review this report every year, and provide staff with direction. He said the City Council should be aware of where funds are being directed on specific items. Councilmember Peters stated grant funding should be included in the report. Mayor Yates stated this report should include the dates projects are funded, and come back more complete and as Council requested. MOTION: Mayor Yates moved the City Council return this item to staff to complete as follows: 1) include funding where funding is not provided; 2) provide dates of funding and dates of completion; 3) provide balances; and, return to the next agenda The motion was seconded by Councilmember Elliott and carried unanimously. (5-0) 0pre naakyjI91VYY The meeting adjourned at 9:03 p.m. Recorded by: P>kj Bridgett Bauer City Clerk ® City of Morro Bay City Council Agenda Mission Statement The City of Morro Bay is dedicated to the preservation and enhancement of the quality of life. The City shall be committed to this purpose and will provide a level of municipal service and safety consistent with and responsive to the needs of the public. REGULAR MEETING — OCTOBER 13, 2003 CLOSED SESSION — OCTOBER 13, 2003 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 ® • Applegate vs. City of Morro Bay. CS-2 GOVERNMENT CODE SECTION 54956.8: REAL PROPERTY TRANSACTIONS. Instructing City's Real Property Negotiator regarding the price and terms of payment for the purchase, sale, exchange, or lease of real property as to one (1) parcel. Property: Embarcadero & Harbor Negotiating Parties: Hartzell & City Negotiations: Purchase Terms and Conditions. CS-3 GOVERNMENT CODE SECTION 54956.9(b); CONFERENCE WITH LEGAL COUNSEL DUE TO ANTICIPATED LITIGATION. Significant exposure to litigation exists based upon existing facts and the advice of legal counsel as to one (1) matter. • Lundahl vs City of Morro Bay. IT IS NOTED THAT THE CONTENTS OF CLOSED SESSION MEETINGS ® ARE CONFIDENTIAL AND EXEMPT FROM DISCLOSURE. PUBLIC SESSION — OCTOBER 13, 2003 ® VETERANS MEMORIAL HALL - 6:00 P.M. 209 SURF ST., MORRO BAY, CA ESTABLISH QUORUM AND CALL TO ORDER MOMENT OF SILENCE PLEDGE OF ALLEGIANCE 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. ® • The Council respectfully requests that you refrain from making slanderous. profane or personal remarks against any elected official, commission and/or staff. • Please refrain from public displays or outbursts such as unsolicited applause, comments or cheering. • Any disruptive activities that substantially interfere with the ability of the City Council to carry out its meeting will not be permitted and offenders will be requested to leave the meeting. • Your participation in City Council meetings is welcome and your courtesy will be appreciated. In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the City Clerk, (805) 772-6205. Notification 72 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. 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. 2 A-1 APPROVAL OF MINUTES FOR THE REGULAR MEETING ON SEPTEMBER Is 22, 2003; ADMINISTRATION RECOMMENDATION: Approve as submitted. A-2 APPROVAL OF A MINOR MODIFICATION TO THE STORMWATER MANAGEMENT PLAN; (PUBLIC SERVICES) RECOMMENDATION: Approve a minor modification to the Stormwater Management Plan to remove cost estimates for minimum control measures, and direct staff to submit the plan as modified to the Regional Water Quality Control Board. A-3 AUTHORIZATION TO BID TRANSIT SERVICES CONTRACT; (ADMINISTRATION) RECOMMENDATION: Approve the Request for Proposal schedule for Morro Bay Dial -A -Ride and Trolley operations and management, and authorize staff to develop and distribute the Request for Proposal. A4 UPDATE ON CITY'S CREEK MAINTENANCE EFFORTS; (PUBLIC SERVICES) RECOMMENDATION: Receive for information. ® A-5 PROCLAMATION DECLARING THE MONTH OF OCTOBER 2003 AS "DISABILITY ACHIEVEMENT MONTH"; (ADMINISTRATION) RECOMMENDATION: Adopt Proclamation. B. PUBLIC HEARINGS. REPORTS & APPEARANCES B-1 AMENDMENT TO MASTER FEE SCHEDULE FOR WATER HOOK-UP FEE ADJUSTMENT; (PUBLIC SERVICES) RECOMMENDATION: Direct staff to amend the City's Master Fee Schedule to increase water connection fees to $1,55739 for a'/. -inch water connection, and $1,929.83 for a 1-inch connection. B-2 RESOLUTION NO.49-03 ADOPTING THE 2001-2008 CITY OF MORRO BAY HOUSING ELEMENT AND NEGATIVE DECLARATION; (PUBLIC SERVICES) RECOMMENDATION: Adopt Resolution No. 49-03. [] 3 B-3 ORDINANCE NO. 498 AMENDING SECTION 12.08.070 OF THE MORRO is FIRST MUNICIPAL CODE — TREE REMOVAL BY CITY FOR CAUSE - FIRST READING/INTRODUCTION; (PUBLIC SERVICES) RECOMMENDATION: Approve first reading and introduction of Ordinance No. 498 by number and title only. C. UNFINISHED BUSINESS — NONE. D. NEW BUSINESS D-I FUNDING REQUEST FOR MORRO BAY HIGH SCHOOL RECYCLING PROGRAM, AND REPORT ON SOLID WASTE AND RECYCLING EDUCATION FINANCING CHANGES; (ADMINISTRATION) RECOMMENDATION: Consider information, and decide on request for Council discretionary funds. D-2 RESOLUTION NO. 50-03 DECLARING COUNCILS POSITION ON THE MARINE MAMMAL PROTECTION ACT; (HARBOR) RECOMMENDATION: Adopt Resolution No. 50-03. D-3 CONSIDERATION OF DISCUSSION ON CITY COUNCIL POLICIES AND ® PROCEDURES, SECTION 1.2.2 - PLACING AN ITEM ON THE AGENDA - COUNCILMEMBERS RECOMMENDATION: Discuss and direct staff accordingly. D-4 COUNCIL REQUEST TO CONSIDER SCHEDULING SEMI-ANNUAL JOINT MEETING WITH THE PLANNING COMMISSION RECOMMENDATION: Discuss and direct staff accordingly. E. ADJOURNMENT THIS AGENDA IS SUBJECT TO AMENDMENT UP TO 72 HOURS PRIOR TO THE DATE AND TIME SET FOR THE MEETING. PLEASE REFER TO THE AGENDA POSTED AT CITY HALL FOR ANY REVISIONS OR CALL THE CLERK'S OFFICE AT 772-6200 FOR FURTHER INFORMATION. COPIES OF STAFF REPORTS OR OTHER PUBLIC DOCUMENTATION RELATING TO EACH ITEM OF BUSINESS REFERRED TO ON THIS AGENDA ARE ON FILE IN THE OFFICE OF THE CITY CLERK AND AVAILABLE FOR PUBLIC INSPECTION AND REPRODUCTION AT COST AT CITY HALL, LIBRARY, AND MILLS STATIONERY. IN COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT, IF YOU NEED SPECIAL ASSISTANCE TO PARTICIPATE IN A CITY MEETING, PLEASE CONTACT THE CITY CLERK'S OFFICE AT LEAST 24 HOURS PRIOR TO THE MEETING TO INSURE THAT REASONABLE ARRANGEMENTS CAN BE MADE TO PROVIDE ACCESSIBILITY TO THE MEETING. 4 MINUTES - MORRO BAY CITY COUNCIL isCLOSED SESSION — OCTOBER 13, 2003 CITY HALL CONFERENCE ROOM - 5:00 P.M. Mayor Yates called the meeting to order at 5:00 p.m PRESENT: William Yates Mayor Dave Elliott Councilmember William Peirce Councilmember Janice Peters Councitmember Betty Winholtz Councilmember STAFF: Robert Hendrix City Manager Robert Schultz City Attorney CLOSED SESSION MOTION: Councilmember Peirce moved the meeting be adjourned to Closed Session. The motion was seconded by Councilmember Peters and unanimously carried. (5-0) Mayor Yates read the Closed Session Statement. ® CS-1 GOVERNMENT CODE SECTION 54956.9(a), CONFERENCE WITH LEGAL COUNSEL REGARDING PENDING LITIGATION • Applegate vs. City of Morro Bay. CS-2 GOVERNMENT CODE SECTION 54956.8: REAL PROPERTY TRANSACTIONS. Instructing City's Real Property Negotiator regarding the price and terms of payment for the purchase, sale, exchange, or lease of real property as to one (1) parcel. • Property: Embarcadero & Harbor Negotiating Parties: Hartzell & City Negotiations: Purchase Terms and Conditions. exposure to litigation exists based upon existing facts and the advice of legal counsel as to one (1) matter. • Lundahl vs. City of Morro Bay. The meeting adjourned to Closed Session at 5:00 p.m. and returned to regular session at 5:50 p.m. MOTION: Councilmember Elliott moved the meeting be adjourned. The motion was ® seconded by Councilmember Peirce and unanimously carried. (5-0) The meeting adjourned at 5:50 p.m. MINUTES - MORRO BAY CITY COUNCIL ® REGULAR MEETING — OCTOBER 13, 2003 VETERANS MEMORIAL HALL - 6:00 P.M. Mayor Yates called the meeting to order at 6:00 p.m PRESENT: William Yates Mayor Dave Elliott Councilmember William Peirce Councilmember Janice Peters Councilmember Betty Winholtz Councilmember STAFF: Robert Hendrix Robert Schultz Bridgett Bauer Rick Algert Bruce Ambo Greig Cummings Frank Cunningham JeffJones Jim Koser Joe Loven Andrea Lueker ® Nicholle Nnarhi Mike Prater ESTABLISH QUORUM AND CALL TO ORDER MOMENT OF SILENCE PLEDGE OF ALLEGIANCE City Manager City Attorney City Clerk Harbor Director Public Services Director Planning Manager City Engineer Fire Chief Finance Director Police Chief Recreation & Parks Director Planning Intem Associate Planner MAYOR'S REPORTS & ANNOUNCEMENTS CLOSED SESSION REPORT - City Attorney Robert Schultz reported the City Council met in Closed Session, and no reportable action under the Brown Act was taken. PUBLIC COMMENT Rosalie Valvo addressed inaccuracies in the letter the City sent to the U.S. Department of Fish & Wildlife regarding the delisting of the Snowy Plover. She said the City should find other places for dogs such as a dog park rather than attempting to delist the Snowy Plover. Bill Woodson stated a study should be. performed on the annexation of the Toro Creek property. He said it is critical that the City have a buffer zone at the north end of the City. ® Lynda Merrill stated there are people who enjoy the beach and the Snowy Plovers without dogs running loose. MINUTES - MORRO BAY CITY COUNCIL ® REGULAR MEETING — OCTOBER 13, 2003 Norman Risch addressed inappropriate dialogue that takes place between a public official and public speakers. Ken Vesterfelt agreed that a study should be performed on the annexation of the Toro Creek property. Carolyn Mardime stated safety issues should be addressed relating to the intersection of Main Street and Radcliffe. Stan House stated the proposed initiative for districting the City would be a negative impact on the City. Brenda Agee -Smiley, proponent of the proposed initiative, stated the initiative is meant to bring unity within the City and bring back power to the people. Ed Dumong stated he is in support of maintaining public easements in order to provide sidewalks or walking paths along City streets. He said there are plenty of areas for Snowy Plovers to nest in areas where there is no public access. ® Melody DeMeritt stated Cloisters Subdivision is what it is today based on the mitigations to protect the natural wildlife such as the Snowy Plover. She also said parking should be enforced in Morro Bay. Ms. DeMeritt spoke as a Public Works Advisory Board Member, and addressed the stop sign at Main Street/Radcliffe intersection, and requested the Council direct an analysis on why a stop sign cannot be placed at this intersection. She also addressed the strikes going on at the local markets, and encouraged people not to cross these strike lines. 11 Mayor Yates closed the hearing for public comment. DECLARATION OF FUTURE AGENDA ITEMS Councilmember Peters requested to agendize the discussion of providing public restrooms in the downtown area; Mayor Yates agreed. Mayor Yates requested to agendize a status report on all capital projects and Council direction to staff, Councilmember Peters agreed. k] MINUTES - MORRO BAY CITY COUNCIL is REGULAR MEETING — OCTOBER 13, 2003 A. CONSENT CALENDAR Unless an item is pulled for separate action by the City Council, the following actions are approved without discussion. A-1 APPROVAL OF MINUTES FOR THE REGULAR MEETING ON SEPTEMBER 22, 2003; ADMINISTRATION RECOMMENDATION: This item was pulled from the agenda. A-2 APPROVAL OF A MINOR MODIFICATION TO THE STORMWATER MANAGEMENT PLAN; (PUBLIC SERVICES) RECOMMENDATION: Approve a minor modification to the Stormwater Management Plan to remove cost estimates for minimum control measures, and direct staff to submit the plan as modified to the Regional Water Quality Control Board. A-3 AUTHORIZATION TO BID TRANSIT SERVICES CONTRACT; ® (ADMINISTRATION) RECOMMENDATION: Approve the Request for Proposal schedule for Morro Bay Dial -A -Ride and Trolley operations and management, and authorize staff to develop and distribute the Request for Proposal. A-4 UPDATE ON CITY'S CREEK MAINTENANCE EFFORTS; (PUBLIC SERVICES) RECOMMENDATION: Receive for information. A-5 PROCLAMATION DECLARING THE MONTH OF OCTOBER 2003 AS "DISABILITY ACHIEVEMENT MONTH"; (ADMINISTRATION) RECOMMENDATION: Adopt Proclamation. Councilmember Winholtz pulled Item A-4 from the Consent Calendar. MOTION: Councilmember Peirce moved the City Council approve the Consent Calendar with the exception of Item A-4. The motion was seconded by Councilmember Peters and carried unanimously. (5-0) 4 MINUTES - MORRO BAY CITY COUNCIL is REGULAR MEETING — OCTOBER 13, 2003 A-4 UPDATE ON CITY'S CREEK MAINTENANCE EFFORTS; (PUBLIC SERVICES) Councilmember Winholtz requested staff clarification on this item. City Engineer Frank Cunningham responded in October 1988, the City of Morro Bay and California Department of Fish and Game (F&G) entered into a Memorandum of Understanding (MOU) to allow City forces to routinely perform creek maintenance under certain conditions (debris and vegetation removal, no heavy equipment in streambed) and payment of the associated fees set by F&G. Since 1988, we have been maintaining proper creek flows by removing vegetation and debris that accumulates in the creek as needed. The City typically submits quarterly reports identifying location and description of the recently completed work and pays the required fees. On July 9, 2001, the City received a letter from F&G Regional Manager finding that the MOU had expired, and two requirements were needed before a new MOU could be issued: 1) bring all quarterly reports up to date; and 2) pay all the associated fees. On September 21, 2001, all project reports were submitted and fees paid. Since that time, the City has continued to submit the quarterly reports and fees on a routine basis as the City continued to perform routine creek cleaning. In September 2002, ® City staff made routine contact with F&G to discuss proposed creek cleaning, including cleaning of Chorro Creek, and to check on the status of F&G renewing the MOU. The F&G responded that this might be the last time the City is allowed to do routine creek cleaning without a proper permit. In the fall of 2002, all creeks were cleaned of debris and vegetation as per the original MOU, including Chorro Creek. On November 25, 2002, the City received a standard "new project" application from F&G for a new Streambed Alteration Agreement. The application request was confusing and appeared to be in -conflict with the prior correspondence from R&G Regional Manager in their July 9, 2001 letter and since this long-standing routine work is not a "new" project. The earliest meeting that the City was able to schedule with the local F&G biologist is November 3, 2003. Public Services maintenance personnel feels the remaining creeks were adequately cleaned in 2002 and can wait until this misunderstanding is resolved. If a new F&G permit is required, it should not take more than six months to acquire prior to the needed fall 2004 creek cleaning. MOTION: Councilmember Peters moved the City Council approve Item A-4 of the Consent Calendar. The motion was seconded by Councilmember Winholtz and carved unanimously. (5-0) Mayor Yates called for a break at 7:00 p.m.; the meeting resumed at 7:15 p.m. 10 5 MINUTES - MORRO BAY CITY COUNCIL ® REGULAR MEETING — OCTOBER 13, 2003 B. PUBLIC HEARINGS. REPORTS & APPEARANCES B-1 AMENDMENT TO MASTER FEE SCHEDULE FOR WATER HOOK-UP FEE ADJUSTMENT; (PUBLIC SERVICES) Public Services Director Bruce Ambo stated the current ratepayers are subsidizing the cost of new water service connections. Public Services staff evaluated the materials and labor cost of these installations over the past year, and found it requires an average of 6.4 hours and 9.5 hours for a two -man crew to install the water meters. The installations include the use of a work truck, tools and materials, a water meter, and pavement repair. Staff also surveyed other communities in the County and found a wide range of installation fees. The City of Morro Bay is among the lowest in hook up fees at $360.13 and $403.22 respectively for'/. -inch and 1-inch installations. The fees go up considerable for some of the other cities such as Paso Robles at $3,606 and $6,022. The average City cost for labor, equipment and materials for setting the meter on these connections is $1,388.03 for a'/. -inch connection, and $1,860.47 for a 1-inch connection. This does not include the necessary pavement restoration cost that is also required in about 90% of the hook ups, adding an additional $169.36 in labor and materials. Therefore, the total hook up cost including pavement ® restoration is approximately $1,557.39 for a %-inch connection, and $1,929.83 for a ]-inch connection. On September 23, 2003, the Public Works Advisory Board considered this fee adjustment and recommended the Council revise the water hook up fees accordingly. Mr. Ambo recommended the City Council direct staff to amend the City's Master Fee Schedule to increase water connection fees to $1,557.39 for a 3/.-inch water connection, and $1,929.83 for a 1-inch connection. Mayor Yates opened the hearing for public comment. Ed Dumong asked if the City has considered subcontracting this work. Mayor Yates closed the public comment hearing. Consensus of Council was in support of the increase in water connection fees. MOTION: Councilmember Elliott moved the City Council direct staff to amend the City's Master Fee Schedule to increase water connection fees to $1,557.39 for a %-inch water connection, and $1,929.83 for a I -inch connection effective January 1, 2004. The motion was seconded by Councilmember Peirce and carried unanimously. (5-0) C MINUTES - MORRO BAY CITY COUNCIL is REGULAR MEETING — OCTOBER 13, 2003 B-2 RESOLUTION NO.49-03 ADOPTING THE 2001-2008 CITY OF MORRO BAY HOUSING ELEMENT AND NEGATIVE DECLARATION; (PUBLIC SERVICES) Associate Planner Mike Prater stated the Housing Element Update has been prepared to meet the City's needs and to be in compliance with the State Department of Housing and Community Development (HCD) requirements for certification to meet the state mandated housing allocations. On September 15, 2003, the Planning Commission recommended adoption of the 2001-2008 Housing Element. The Housing Element update provides an assessment of the City's housing needs, a series of goals and modifications to City housing policies to attain state mandated housing allocation over the next five years. The final adopted Housing Element will be forwarded to HCD for certification and is due by December 31, 2003. Certification establishes a presumption of legal adequacy and affects eligibility for some funding sources. Mr. Prater recommended the City Council adopt Resolution No. 49-03 amending the Housing Element of the City of Morro Bay, and accept the Final Negative Declaration as recommended by the Planning Commission. Mayor Yates opened the hearing for public comment. ® Ed Dumong addressed the lack of affordable housing in Morro Bay. He also asked about building on the property across from Albertson's Market. Ray McKelligott addressed mobile home parks and how they fit into the Housing Element. Bill Woodson stated this Housing Element draft is an attempt at social engineering, and is extremely focused on providing low-cost housing. He said Morro Bay has already provided more low-income housing than any other city in the County. Mike Zappas stated none of the stated objectives have been met since 1988. Stan House recommended easing some of the restrictions on granny units that can create affordable housing. Bill Davies stated he would like the Housing Element to include rent control for mobile home parks. Doug Machado suggested the proposed Housing Element be approved by referendum of the people. Mayor Yates closed the public comment hearing. 7 MINUTES - MORRO BAY CITY COUNCIL ® REGULAR MEETING — OCTOBER 13, 2003 Councilmember Elliott stated the issue is that no State politician in the State of California will address the population issue. He said the funds given to the State Department of Housing and Community Development has been taken away by the State. Councilmember Elliott stated he supports staffs work in preparation of this report. Mayor Yates expressed support for staffs efforts in providing this report. Councilmember Peirce also expressed support stating the report shows the fruit of staffs labors. Councilmember Peters recognized the work done by staff, the Planning Commission and Public Works Advisory Board. Councilmember Winholtz recommended the following changes: page 15 — burden on low- income people; page 20 — (2) remove last sentence; page 24 - #5 (Public Safety) to allow consistency in population throughout the document by adding (2003); page 34 - add hot tubs by pools; page 37 — (last paragraph) add conservation; page 38 (b) for clarity change "affordability" to "represent"; page 44 — remove "building height restrictions"; and page 47 ® — Policy 20 — use "secondary units" instead of "granny units". MOTION: Councilmember Elliott moved the City Council adopt Resolution No. 49-03 amending the Housing Element of the City of Morro Bay, and accept the Final Negative Declaration as recommended by the Planning Commission with the following amendments: page 24 - #5 (Public Safety) "Given the City's population of 10,519" 2( 003); page 34 — "Pools (and/or hot tubs) with integrated cleaning and heating systems ..."; page 47 (Policy H-20, Secondary Unit) "The City shall allow secondary units fgfaany- units") under special circumstances in residential zones ....". Council allowed minor text changes for formatting and spell checking. The motion was seconded by Councilmember Peirce and carried with Councihnember Winholtz voting no. (4-1) B-3 ORDINANCE NO. 498 AMENDING SECTION 12.08.070 OF THE MORRO BAY MUNICIPAL CODE — TREE REMOVAL BY CITY FOR CAUSE - FIRST READINGANTRODUCTION; (PUBLIC SERVICES) City Engineer Frank Cunningham stated adoption of Ordinance No. 498 includes the requirements, to properly post and send notices to property owners and residents who live within 300 feet of the tree to be removed, to be included into Section 12.08.070 "Tree Removal by City for Cause" of the Morro Bay Municipal Code. As discussed at the ® September 22, 2003 Council meeting, the addition of noticing requirements to all of the MINUTES - MORRO BAY CITY COUNCIL is REGULAR MEETING — OCTOBER 13, 2003 owners and residents within 300 feet is intended to minimize the neighborhood impact associated with the removal of a street tree. If the first reading is approved at this meeting, the second hearing will occur on October 27, 2003, and the ordinance will go into effect on November 26, 2003. Mr. Cunningham recommended the City Council approve Ordinance No. 498 fast reading and introduction by number and title only. Mayor Yates opened the hearing for public comment. Ed Dumong stated he supports the proposed amendment. Mayor Yates closed the public comment hearing. MOTION: Councilmember Winholtz moved the City Council approve Ordinance No. 498 amending Section 12.08.070 of the Morro Bay Municipal Code — "Tree Removal By City For Cause" for first reading and introduction by number and title only. The motion was seconded by Councilmember Peters and carried unanimously. (5-0) ® C. UNFINISHED BUSINESS —None. D. NEW BUSINESS U D-1 FUNDING REQUEST FOR MORRO BAY HIGH SCHOOL RECYCLING PROGRAM, AND REPORT ON SOLID WASTE AND RECYCLING EDUCATION FINANCING CHANGES; (ADMINISTRATION) City Manager Robert Hendrix stated staff met with Faylla Chapman of Morro Bay High School in July 2003, about her interest in securing City funds to assist with the high school recycling program. Ms. Chapman explained the program has practical value on two levels, both clearly within the realm of high school operations. First, the program has a certain educational value to the students; and second, the program saves the school money because of reduced garbage pick up charges. Ms. Chapman approached the City Council during public comment at its September 22, 2003 meeting, to request discretionary funds for this program. The Council directed staff to place the funding request on the next meeting agenda; and, also requested that staff provide a discussion of solid waste funding as it related to this particular program. Mr. Hendrix recommended the City Council consider the request for funding of discretionary funds, and direct staff accordingly. Councilmember Winholtz stated she would support the program by funding $750 through her discretionary funds. E MINUTES - MORRO BAY CITY COUNCIL ® REGULAR MEETING — OCTOBER 13, 2003 Councilmember Elliott stated he would not support funding this program because the City should not subsidize curriculum without the school district assisting with funding; it is the school's responsibility. Councilmember Peirce stated he would support the program by funding $250 through his discretionary funds; however, these funds will not be afforded each year. Councilmember Peters stated the school district should be funding this project. She noted she has no further funds available in her discretionary funds. Mayor Yates agreed that the school district should be funding this project. He said he also has no funds available. No further action was taken. D-2 RESOLUTION NO. 50-03 DECLARING COUNCIL'S POSITION ON THE MARINE MAMMAL PROTECTION ACT; (HARBOR) ® City Manager Robert Hendrix stated the City Council reviewed this item at its September 22, 2003, and directed staff to bring it back in resolution format for Council action. Mr. Hendrix recommended the City Council adopt Resolution No. 50-03 approving a policy statement regarding reauthorization of the Marine Mammal Protection Act. Councilmember Elliott stated he supports this resolution because the population of these mammals is way over historic highs, and we do not need a takeover of our harbor. Councilmember Winholtz stated she would be voting in opposition because she does not agree with the suggested public deterrent methods. Councilmember Peters stated she is in support of this resolution in order to allow the authority of protecting our docks. Councilmember Peirce stated he would support this resolution with the removal of the last paragraph. MOTION: Councilmember Peirce moved the City Council adopt Resolution No. 50- 03 approving a policy statement regarding reauthorization of the Marine Mammal Protection Act with the removal of the last paragraph, and the removal of the word "and" from the eighth paragraph. The motion was seconded by Councilmember Peters and carried with Councilmember ® Winholtz voting no. (4-1) 10 MINUTES - MORRO BAY CITY COUNCIL ® REGULAR MEETING — OCTOBER 13, 2003 D-3 CONSIDERATION OF DISCUSSION ON CITY COUNCIL POLICIES AND PROCEDURES, SECTION 1.2.2 - PLACING AN ITEM ON THE AGENDA - COUNCILMEMBERS Mayor Yates requested the City Council consider the City Council Policies and Procedures relating to Section 1.2.2 (Placing an Item on the Agenda by a Council Member). Mayor Yates stated this item concerns items placed on the agenda by Council, and when action can be taken. MOTION: Councilmember Peirce moved the City Council direct staff to modify City Council Policies and Procedures Section 1.2.2 to include action items that do not require staff reports. Councilmember Winholtz suggested removing the word "and" from paragraph one, second sentence. Councilmember Peirce amended his motion to include Councilmember Winholtz's ® suggested amendment. The motion was seconded by Councilmember Winholtz and carried unanimously. (5-0) D-4 COUNCIL REQUEST TO CONSIDER SCHEDULING SEMI-ANNUAL JOINT MEETING WITH THE PLANNING COMMISSION Councilmember Winholtz requested this discussion under Future Agenda Items at the September 22, 2003 City Council meeting. Mayor Yates suggested changing bi-annual meetings to annual meetings. The consensus of Council was in agreement to change the bi-annual meetings with Planning Commission to an annual meeting. Councilmember Winholtz stated she would like to meet with the Planning Commission this year. MOTION: Mayor Yates moved the City Council direct staff to arrange a joint meeting with the City Council and the Planning Commission this year. The motion was seconded by Councilmember Peirce and carried ® unanimously. (5-0) 11 MINUTES - MORRO BAY CITY COUNCIL is REGULAR MEETING — OCTOBER 13, 2003 MOTION: Mayor Yates moved the City Council direct staff to bring back an ordinance amendment to change bi-annual to annual meetings with the Planning Commission. The motion was seconded by Councilmember Peirce and carried unanimously. (5-0) ADJOURNMENT The meeting adjourned at 10:10 p.m. Recorded by: Bridgett Bauer City Clerk 10 12 NOTICE OF SPECIAL MEETING NOTICE IS HEREBY GIVEN that the Morro Bay City Council will be holding a Special Meeting on Tuesday, October 7, 2003 at 6:00 p.m. to be held in the City Hall Conference Room, 595 Harbor Street, Morro Bay, California. The City Council will be interviewing applicants to fill the one vacancy on the Community Promotions Committee. ® DATED: October 1, 2003 Bridgett B er, City Clerk A 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, 2003 CLOSED SESSION — SEPTEMBER 22, 2003 CITY HALL CONFERENCE ROOM - 5:00 P.M. 595 HARBOR ST., MORRO BAY, CA CS-1 GOVERNMENT CODE SECTION 54956.9(a); CONFERENCE WITH to LEGAL COUNSEL REGARDING PENDING LITIGATION CS-2 • Applegate vs. City of Morro Bay. 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: 714 Embarcadero and 781 Market Avenue CS-3 GOVERMENT CODE SECTION 54957; PERSONNEL ISSUES. Discussions regarding Personnel Issues including one (1) public employee regarding discipline/release/evaluation, specifically the City Attorney. IT IS NOTED THAT THE CONTENTS OF CLOSED SESSION MEETINGS ARE CONFIDENTIAL AND EXEMPT FROM DISCLOSURE. ® PUBLIC SESSION — SEPTEMBER 22, 2003 VETERANS MEMORIAL HALL - 6:00 P.M. 209 SURF ST., MORRO BAY, CA ESTABLISH QUORUM AND CALL TO ORDER MOMENT OF SILENCE PLEDGE OF ALLEGIANCE 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. • The Council requests that you refrain from making slanderous, profane or personal remarks against any elected official, commission and/or staff. • Please refrain from public displays or outbursts such as unsolicited applause, comments or cheering. • Any disruptive activities that substantially interfere with the ability of the City Council to carry out its meeting will not be permitted and offenders will be requested to leave the meeting. • Your participation in City Council meetings is welcome and your courtesy will be appreciated. In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the City Clerk, (805) 772-6205. Notification 72 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. COUNCIL DECLARATION OF FUTURE AGENDA ITEMS n ® A. CONSENT CALENDAR Unless an item is pulled for separate action by the City Council, the following actions are approved without discussion. A -I APPROVAL OF MINUTES FOR THE REGULAR MEETING ON AUGUST 25, 2003; (ADMINISTRATION) RECOMMENDATION: Approve as submitted. A-2 STATEMENT OF CASH & INVESTMENTS — AUGUST 2003; (FINANCE) RECOMMENDATION: Receive for information. A-3 AUTHORIZATION TO FILE NOTICE OF COMPLETION ON STREET OVERLAY PROJECT; (PUBLIC SERVICES) RECOMMENDATION: Accept the project as completed by A.J. Diani Construction Company, Inc., and authorize the filing of the Notice of Completion. A4 ANNUAL REPORT FOR PROPOSED USE OF SUPPLEMENTAL LAW ENFORCEMENT SERVICES FUND; (POLICE) ® RECOMMENDATION: Adopt the report and planned expenditures of the COPS funds. A-5 NOTIFICATION OF EMERGENCY COASTAL PERMIT ISSUANCE TO MORRO BAY GOLF COURSE FOR 12-FOOT FENCE; (PUBLIC SERVICES) RECOMMENDATION: Receive for information. A-6 RESOLUTION NO. 47-03 APPROVING A GRANT AGREEMENT WITH THE STATE COASTAL CONSERVANCY FOR A FEASIBILITY ANALYSES OF COMMERCIAL FISHING INFRASTRUCTURE ON CITY PROPERTY; (HARBOR) RECOMMENDATION: Adopt Resolution No. 47-03. A-7 REQUEST FOR REFUND ON SATELLITE DISH INSTALLATION LOCATED AT 501 HARBOR STREET; (PUBLIC SERVICES) RECOMMENDATION: Approve as requested. 3 ® A-8 APPROVAL OF CONTRACT FOR A WATER USAGE FACTOR ANALYSIS; (PUBLIC SERVICES) RECOMMENDATION: Approve the contract with Boyle Engineering, and allocate $17,926 from unallocated Water Fund Reserves for the task. B. PUBLIC HEARINGS. REPORTS & APPEARANCES B-I RESOLUTIONNO. 46-03 AUTHORIZING THE APPLICATION FOR GRANT FUNDING FROM THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM FOR A PLANNING/I'ECHNICAL ASSISTANCE GRANT; (PUBLIC SERVICES) RECOMMENDATION: Adopt Resolution No. 46-03. C. UNFINISHED BUSINESS C-I AWARD OF CONTRACT FOR DOWNTOWN IMPROVEMENTS, PHASE I — STREET LIGHTING; (PUBLIC SERVICES) RECOMMENDATION: Award the project contract to Electricraft Inc. in the amount of $159,967.50. C-2 REPORT AND RECOMMENDATION FROM PUBLIC WORKS ADVISORY 0 BOARD ON PUBLIC TREE REMOVAL POLICY; (PUBLIC SERVICES) RECOMMENDATION: Review recommendation from Public Works Advisory Board, and direct staff accordingly. C-3 STATUS REPORT ON STATE PARKS BAN ON DOGS AT THE BEACH AND DELISTING PETITION ON WESTERN SNOWY PLOVER; (CITY ATTORNEY) RECOMMENDATION: Receive status report, and adopt Resolution No. 48-03 authorizing legal action to force the United States Fish & Wildlife Service to respond to the City's petition to de -fist the Western Snowy Plover. D. NEW BUSINESS D-I APPROVE IN CONCEPT A MULTI -PARTY GROUNDWATER AGREEMENT WITHIN THE CHORRO VALLEY; (PUBLIC SERVICES) RECOMMENDATION: Conceptually approve to enter into an agreement with the Jones family and the National Estuary Program to reduce groundwater use in a portion of the Chorro Valley; and, direct staff to return with a proposed ® agreement prior to Spring 2004. 2 ® D-2 CONSIDER RECOMMENDATIONS OF THE HARBOR ADVISORY BOARD TO SEND A LETTER REGARDING REAUTHORIZATION OF THE MARINE MAMMAL PROTECTION ACT; (HARBOR) RECOMMENDATION: Authorize the Mayor to send a letter commenting on reauthorization of the Marine Mammal Protection Act. 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. C 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, 2001 CITY HALL CONFERENCE ROOM - 5:00 P.M. Mayor Yates called the meeting to order at 5:00 p.m PRESENT: William Yates Mayor Dave Elliott Councilmember William Peirce Councilmember Janice Peters Councilmember Betty Winholtz Councilmember STAFF: Robert Hendrix City Manager Robert Schultz City Attorney CLOSED SESSION MOTION: Councilmember Peirce moved the meeting be adjourned to Closed Session. The motion was seconded by Councilmember Peters and unanimously carried. (5-0) Mayor Yates read the Closed Session Statement. ® CS-1 GOVERNMENT CODE SECTION 54956.9(a); CONFERENCE WITH LEGAL COUNSEL REGARDING PENDING LITIGATION • Applegate vs. City of Morro Bay. CS-2 GOVERNMENT CODE SECTION 54956.8: REAL PROPERTY TRANSACTIONS. Instructing City's Real Property Negotiator regarding the price and terms of payment for the purchase, sale, exchange, or lease of real property as to one (1) parcel: • Property: 714 Embarcadero and 781 Market Avenue CS-3 GOVERMENT CODE SECTION 54957; PERSONNEL ISSUES. Discussions regarding Personnel Issues including one (1) public employee regarding discipline/release/evaluation, specifically the City Attorney. The meeting adjourned to Closed Session at 5:00 p.m. and returned to regular session at 5:50 p.m. MOTION: Councilmember Elliott moved the meeting be adjourned. The motion was seconded by Councilmember Peters and unanimously carried. (5-0) 0 The meeting adjourned at 5:50 p.m. ® MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING — SEPTEMBER 22, 2003 VETERANS MEMORIAL HALL - 6:00 P.M. C'a M Mayor Yates called the meeting to order at 6:00 p.m PRESENT: William Yates Mayor Dave Elliott Councilmember William Peirce Councilmember Janice Peters Councilmember Betty Winholtz Councilmember STAFF: Robert Hendrix Robert Schultz Bridgett Bauer Rick Algert Bruce Ambo Bill Boucher Greig Cummings Frank Cunningham John DeRohan Joan Drake Jeff Jones Jim Koser Andrea Lueker City Manager City Attorney City Clerk Harbor Director Public Services Director Capital Projects Manager Planning Manager City Engineer Acting Police Chief Administrative Technician Fire Chief Finance Director Recreation & Parks Director ESTABLISH QUORUM AND CALL TO ORDER MOMENT OF SILENCE PLEDGE OF ALLEGIANCE MAYOR'S REPORTS & ANNOUNCEMENTS CLOSED SESSION REPORT - City Attorney Robert Schultz reported the City Council met in Closed Session, and no reportable action under the Brown Act was taken. PUBLIC COMMENT Norma Whiteman stated while walking on the beach this morning she saw nature's bounty, and said dogs are disruptive to this wildlife. She requested the Council consider the continuance to maintain the security of wildlife for the benefit of residents and tourists, which will also promote the economy of Morro Bay. Rosalee Valvo stated the City is supposed to be bird -friendly, and asked why the City wants to delist the Snowy Plover. She said there are people who do not enjoy being approached by strange dogs. Ms. Valvo stated it is our responsibility to see that we do not let our rights trample the existences of other beings on this planet of whatever species. 2 n 01 MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING — SEPTEMBER 22, 2003 Norman Risch addressed concern with the public comment period and the violation of the California Constitution. Candace Vittitow addressed Item C-1 (Award of Contract for Downtown Improvements, Phase I — Street Lighting) stating at a previous Council meeting she submitted a petition with approximately 40 signatures of business owners, employees and visitors who were opposed to the proposed medians in the downtown area. She also addressed the closure of the State Park campground stating this closure will cause an economical impact on the City. Julianna Epperly stated several businesses in the downtown area are not in support of medians along Morro Bay Boulevard. She requested Council consider placing public restrooms downtown instead of medians. Ken Switras stated the majority of business owners are not in support of placing medians as a part of the downtown improvements. He also addressed the proposed campground improvements stating he does not support any further removal of trees; development should be phased to allow campers and recreational vehicles to still use the park; and development should be reviewed for architectural and cultural integrity. Kim Lewis stated she does not support the placement of medians along Morro Bay Boulevard. She said medians would not allow enough room for delivery trucks and parking. Ms. Lewis stated she would appeal if Council approves medians in the downtown area. Faylla Chapman, instructor from Morro Bay High School, stated in June 2003, there were no funds in the educational funding for recycling programs. Since then she has received approximately $700 in grants; however, she needs approximately $1,700 to hire two students to assist in the program. Ms. Chapman requested Council consideration of assisting the recycling program with discretionary funds, and place on a future agenda the consideration of a budget line item for educational funding for recycling programs. David Nelson requested clarification on the affordable housing that is to be supplied by the Colmer project. He also referred to the settlement on MtBE received by Cambria versus what the City of Mono Bay received. Mr. Nelson stated the City should not spend its resources on delisting the Snowy Plover. Grant Crowl stated the City's Code of Ethics has run amuck recently. He said his neighborhood recently had a block party, and he suggested more neighborhoods hold block parties in order to get to know each other. ® MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING — SEPTEMBER 22, 2003 Stan House stated he supports the City send a letter to the State regarding reauthorization of the Marine Mammal Protection Act, and listed specific events where sea lions have taken over public areas. He also said approximately 200 citations have been written by State Park Rangers in Morro Bay for people who had dogs on the beach. Mr. House stated it is about time legislators find out that people are also a part of the equation. Ken Vesterfelt addressed an article regarding Albertson's overcharging on groceries, and spoke in support of Albertson's and the community outreach they have provided to Morro Bay. He also stated the critics in the City who speak about freedom of speech should not challenge the City Council who also have the right of freedom of speech. Mr. Vesterfelt stated he would like to see new fire and police stations in Morro Bay. Melody DeMeritt stated it is mean -spirited that the City does support delisting the Snowy Plover, and also should be in favor of saving the pinnipeds. She said the Radcliffe/Harbor Tract is planning a block party. Nancy Castle, representing AGP Video, stated AGP Video stores all public meeting tapes indefinitely. ® Neil Farrell, representing the Public Art Foundation, stated the pelican statue located on Front Street has been stolen. The following people addressed Item D-2 (Consider Recommendations of the Harbor Advisory Board to Send a Letter Regarding Reauthorization of the Marine Mammal Protection Act) and requested the City Council support maintaining pinnipeds in the Marine Mammal Protection Act: Elizabeth Gilliham, P.K. Carroll, Lisa Harper Henderson, and Joey Plume. Mayor Yates closed the hearing for public comment. DECLARATION OF FUTURE AGENDA ITEMS Councihnember Winholtz requested to agendize the scheduling of the semi-annual meeting with the Planning Commission. Mayor Yates called for a break at 7:05 p.m.; the meeting resumed at 7:15 p.m. ® MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING — SEPTEMBER 22, 2003 A. CONSENT CALENDAR Unless an item is pulled for separate action by the City Council, the following actions are approved without discussion. A=I APPROVAL OF MINUTES FOR THE REGULAR MEETING ON AUGUST 25, 2003; (ADMINISTRATION) RECOMMENDATION: Approve as submitted. A-2 STATEMENT OF CASH & INVESTMENTS — AUGUST 2003; (FINANCE) RECOMMENDATION: Receive for information. A-3 AUTHORIZATION TO FILE NOTICE OF COMPLETION ON STREET OVERLAY PROJECT; (PUBLIC SERVICES) RECOMMENDATION: Accept the project as completed by A.J. Diani ® Construction Company, Inc., and authorize the filing of the Notice of Completion. A4 ANNUAL REPORT FOR PROPOSED USE OF SUPPLEMENTAL LAW ENFORCEMENT SERVICES FUND; (POLICE) RECOMMENDATION: Adopt the report and planned expenditures of the COPS funds. A-5 NOTIFICATION OF EMERGENCY COASTAL PERMIT ISSUANCE TO MORRO BAY GOLF COURSE FOR 12-FOOT FENCE; (PUBLIC SERVICES) RECOMMENDATION: Receive for information. A-6 RESOLUTION NO. 47-03 APPROVING A GRANT AGREEMENT WITH THE STATE COASTAL CONSERVANCY FOR A FEASIBILITY ANALYSES OF COMMERCIAL FISHING INFRASTRUCTURE ON CITY PROPERTY; (HARBOR) RECOMMENDATION: Adopt Resolution No. 47-03. �' J 5 ® MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING — SEPTEMBER 22, 2003 A-7 REQUEST FOR REFUND ON SATELLITE DISH INSTALLATION LOCATED AT 501 HARBOR STREET; (PUBLIC SERVICES) RECOMMENDATION: Approve as requested. A-8 APPROVAL OF CONTRACT FOR A WATER USAGE FACTOR ANALYSIS: (PUBLIC SERVICES) RECOMMENDATION: Approve the contract with Boyle Engineering, and allocate $17,926 from unallocated Water Fund Reserves for the task. Councilmember Winholtz pulled Items A4, A-5, A-6, A-7 and A-8 from the Consent Calendar. MOTION: Councilmember Elliott moved the City Council approve Items A-1, A-2 and A-3 of the Consent Calendar. The motion was seconded by Councilmember Peirce and carried unanimously. (5-0) ® A-4 ANNUAL REPORT FOR PROPOSED USE OF SUPPLEMENTAL LAW ENFORCEMENT SERVICES FUND; (POLICE) CJ Councilmember Winholtz stated she would like some funding to go towards training on traffic control especially for the Highway 41/Main Street intersection. Councilmember Elliott stated the department managers know best on how to expend this funding. Councilmember Peirce stated there is a whole change in the communication system. He recommended $30,000 go towards the new 911 systems. Councilmember Peters agreed the communication system should be upgraded. Mayor Yates agreed and supports the request to upgrade the communication system. MOTION: Councilmember Elliott moved the City Council approve Item A4 of the Consent Calendar. The motion was seconded by Councilmember Peirce and carried unanimously. (5-0) C'. ® MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING — SEPTEMBER 22, 2003 A-5 NOTIFICATION OF EMERGENCY COASTAL PERMIT ISSUANCE TO MORRO BAY GOLF COURSE FOR 12-FOOT FENCE; (PUBLIC SERVICES) Councilmember Winholtz announced this item for public information. MOTION: Councilmember Winholtz moved the City Council approve Item A-5 of the Consent Calendar. The motion was seconded by Councilmember Peirce and carried unanimously. (5-0) A-6 RESOLUTION NO.47-03 APPROVING A GRANT AGREEMENT WITH THE STATE COASTAL CONSERVANCY FOR A FEASIBILITY ANALYSES OF COMMERCIAL FISHING INFRASTRUCTURE ON CITY PROPERTY; (HARBOR) Councilmember Winholtz announced this item for public information. MOTION: Councilmember Winholtz moved the City Council approve Item A-6 of the Consent Calendar. The motion was seconded by Councilmember ® Elliott and carried unanimously. (5-0) A-7 REQUEST FOR REFUND ON SATELLITE DISH INSTALLATION LOCATED AT 501 HARBOR STREET; (PUBLIC SERVICES) Councilmember Winholtz stated she would be voting in opposition to this request because it is not appropriate to refund the money. MOTION: Councilmember Peirce moved the City Council approve Item A-7 of the Consent Calendar. The motion was seconded by Councilmember Elliott and carried with Councilmember Winholtz voting no. (4-1) A-8 APPROVAL OF CONTRACT FOR A WATER USAGE FACTOR ANALYSIS; (PUBLIC SERVICES) Councilmember Winholtz addressed this item for public information. MOTION: Councilmember Winholtz moved the City Council approve Item A-8 of the Consent Calendar. The motion was seconded by Councilmember Elliott and carried unanimously. (5-0) 7 ® MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING — SEPTEMBER 22, 2003 B. PUBLIC HEARINGS. REPORTS & APPEARANCES B-I RESOLUTION NO. 46-03 AUTHORIZING THE APPLICATION FOR GRANT FUNDING FROM THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM FOR A PLANNING/TECHNICAL ASSISTANCE GRANT; (PUBLIC SERVICES) Public Services Director Bruce Ambo stated the purpose of this public hearing is to familiarize the community with the Community Development Block Grant (CDBG) Program and what kinds of activities are eligible CDBG expenses. The State of California's Department of Housing and Community Development has issued a Notice of Funding Availability under the 2003/2004 CDBG Planning and Technical Assistance Allocation. The Planning and Technical Assistance Allocation provides funding in the form of grants to small cities and counties for planning and feasibility studies related to CDBG eligible activities such as housing, public works, community facilities and economic development. Mr. Ambo recommended the City Council adopt Resolution No. 46-03 approving an application for funding and the execution of a grant agreement and any amendments thereto from the Planning/Technical Assistance Allocation of the State ® CDBG Program. Mayor Yates opened the hearing for public comment; there being no comments, Mayor Yates closed the public comment hearing. MOTION: Councilmember Peirce moved the City Council adopt Resolution No. 46-03 approving an application for funding and the execution of a grant agreement and any amendments thereto from the Planning/Technical Assistance Allocation of the State CDBG Program. The motion was seconded by Councilmember Peters and carved unanimously. (5-0) C. UNFINISHED BUSINESS C-1 AWARD OF CONTRACT FOR DOWNTOWN IMPROVEMENTS, PHASE I — STREET LIGHTING; (PUBLIC SERVICES) Capital Projects Manager Bill Boucher stated this project is intended to be the first in a series of projects to improve the downtown streetscape and generally entails the installation of decorative street lights, light bollards and tree well electrical outlets on three blocks of Morro Bay Boulevard between Morro and Napa Avenues and on Main Street from Morro Bay Boulevard to Harbor Street. The City Council allocated $250,000 for the project in fiscal year 2002/2003, and augmented it with $50,000 in the current year. A consultant ® design contract was authorized, leaving about $270,000 for materials, construction and ® MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING — SEPTEMBER 22, 2003 related tasks. The project plans and specifications were prepared with the ability to readily segregate the proposed lighted mid -block medians from the remainder of the project. The City Council discussed eliminating the medians but took no action at that time pending receipt of bids. Additional expenses will be incurred for PG&E electrical service extensions and appurtenances, purchasing the street lights and lighted bollards and other tasks outside the scope of this contract. The estimated cost of these tasks is $65,000, yielding a total project construction budget of $225,000. Mr. Boucher recommended the City Council award the project contract to Electricraft Inc. in the amount of $159,967.50. Mayor Yates stated he believes the medians would add to the beautification of downtown. Councilmember Elliott stated he would support the elimination of the medians due to the expressed concern from the citizens. He would like to get this project moving forward. Councilmember Peirce stated he supports elimination of medians (although he likes them) due to the concern of citizens. Councilmember Winholtz agreed with Councilmember Elliott and Councilmember Peirce. ® Councilmember Peters stated she enjoys the view of the ocean from Morro Bay Boulevard that the medians would eliminate. She said parking and restrooms are needed, and perhaps placing lights one block further. MOTION: Councilmember Peters moved the City Council eliminate the medians from the Downtown Improvement Plans; award the project contract to Electricraft Inc. in the amount of $159,967.50, and waive the bid irregularity. The motion was seconded by Councilmember Winholtz and carried unanimously. (5-0) C-2 REPORT AND RECOMMENDATION FROM PUBLIC WORKS ADVISORY BOARD ON PUBLIC TREE REMOVAL POLICY; (PUBLIC SERVICES) City Engineer Frank Cunningham stated on July 28, 2003 the City Council discussed the removal of street trees, and previous discussions have focused on how to improve the process and practices of removing City street trees for cause. The issues discussed have included concerns for minimizing the neighborhood shock, City liability, questioning routine arborists reports, and the due process. On August 26, 2003, the Public Works Advisory Board discussed the issue and felt that the existing process and tree policy was adequate with the exception of causing neighborhood shock. The Public Works Advisory Board accepted staff s recommendation to amend Morro Bay Municipal Code Section ® 12.08.070 "Tree Removal by City for Cause" to include noticing to reduce the C] ® MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING — SEPTEMBER 22, 2003 neighborhood shock of a tree removal. The public noticing shall include all property owners and renters within 300 feet per Municipal Code Section 17.60.110. It was also discussed that if the noticing resulted in significant public concerns, then staff would re - notice the neighborhood and bring the issue to Public Works Advisory Board for public discussion and determination. Mr. Cunningham recommended the City Council consider the recommendation from Public Works Advisory Board to amend Morro Bay Municipal Code Section 12.08.070 "Tree Removal by City for Cause" to include noticing to inform the public and solicit neighborhood input on the removal of a street tree. MOTION: Mayor Yates moved the City Council approve amending Morro Bay Municipal Code Section 12.08.070 "Tree Removal by City for Cause" to include noticing to inform the public and solicit neighborhood input on the removal of a street tree. The motion was seconded by Councilmember Peirce and carried unanimously. (5-0) C-3 STATUS REPORT ON STATE PARKS BAN ON DOGS AT THE BEACH AND DELISTING PETITION ON WESTERN SNOWY PLOVER; (CITY ATTORNEY) ® City Attorney Robert Schultz stated the California Department of Parks and Recreation has increased its efforts to prohibit dogs on Morro Strand State Beach in Morro Bay. The increased level of enforcement is due, in part, to the United States Fish and Wildlife Service 1993 decision to give Endangered Species Act protection to the Pacific Coast population of the Western Snowy Plover. As part of this decision, the United States Fish and Wildlife Service designated twenty-eight critical habitat areas totaling approximately 20,000 acres of coastline, including Morro Strand State Beach. In response, State Parks began a statewide effort to enforce existing regulations and issue new guidelines to protect the plover's nesting areas and natural habitat. Mr. Schultz recommended the City Council adopt Resolution No. 48-03 authorizing legal action to force the United States Fish & Wildlife Service to respond to the City's petition to de -list the Western Snowy Plover. C Councilmember Winholtz stated she does not support taking legal action against the United States Fish & Wildlife Service. MOTION: Councilmember Peirce moved the City Council adopt Resolution No. 48-03 authorizing legal action to force the United States Fish & Wildlife Service to respond to the City's petition to de -list the Western Snowy Plover. The motion was seconded by Councilmember Elliott and carved with Councilmember Peters and Councilmember Winholtz voting no. (3-2) 10 ® MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING — SEPTEMBER 22, 2003 Mayor Yates called for a break at 8:38 p.m.; the meeting resumed at 8:55 p.m. D. NEW BUSINESS D-1 APPROVE IN CONCEPT A MULTI -PARTY GROUNDWATER AGREEMENT WITHIN THE CHORRO VALLEY; (PUBLIC SERVICES) Capital Projects Manager Bill Boucher stated the City's ability to access its Chorro Valley water wells is limited to periods when the in -stream flow of Chorro Creek is more than 1.4 cubic feet per second. Under current conditions, this does not pose a particularly acute problem since State Water is capable of providing for all our potable water demand with the Morro Wells and desalination plant acting as supplements. For short-term occurrences and long-term operations, the ability to more freely use the Chorro wells is desirable. The National Estuary Program has been working with local property owners to reduce their water use, establish riparian corridors along Chorro Creek and its tributaries and to otherwise improve the stream flow and habitat conditions in the Valley. The Jones family owns agricultural land in the Chorro Valley between the City's Romero and Ashurst well fields. The family contacted the City last fall regarding their interest in discussing the ® possibility of entering into a water agreement. Subsequent discussions yielded the concept of retiring irrigation use on portions of the property, limiting water use on the remainder of the property, and National Estuary Program acquisition of a conservation easement along the creek. In short term, the ability to use the Chorro wells may present a distinct advantage for periods such as the annual State Water maintenance period. Chorro potable water quality has historically been better than Morro well, significantly lower in nitrate and salt levels. In the long term, more reliable access to the Chorro wells provides improved efficiency of the conjunctive use of the City's potable water resources. Mr. Boucher recommended the City Council give conceptual approval to enter into an agreement with the Jones family and the National Estuary Program to reduce groundwater use in portion of the Chorro Valley, and further direct staff to return to Council with a proposed agreement prior to Spring 2004. Councilmember Elliott stated the benefits of entering into this agreement are questionable. He said there are too many other facets that need to be considered in order to make a wise decision. Councilmember Elliott also stated this is too big of a liability for the City's ratepayers. Mayor Yates expressed concern with the economic benefit to the City. He said it would be much more expensive than the desalination plant which is paid off and has been upgraded. Mayor Yates stated he would support the concept of this proposal. 21 ® MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING — SEPTEMBER 22, 2003 Councilmember Peters stated it would be wise to maintain the desalination plant, which is a resource already in place; however, she will support the concept of this proposal. Councilmember Peirce expressed concern with apparent loose sediment of the Chorro Creek Bridge. He said he would support any plan that will extend the life of this bridge. Councilmember Winholtz asked if there would be an increase to the City's ratepayers? Mr. Boucher responded there would be no increase to the ratepayers. Councilmember Elliott disagreed stating it will only take one problem with the City's water system, and the delayed requirements will ultimately affect the ratepayers. He said he would not support this proposal. MOTION: Councilmember Winholtz moved the City Council conceptually approve to enter into an agreement with the Jones family and the National Estuary Program to reduce groundwater use in a portion of the Chorro Valley contingent upon the NEP paying $50,000 and the City paying $65,000; and, direct staff to return with a proposed agreement prior to Spring 2004. The motion was seconded by Councilmember Peters. ® Councilmember Winholtz stated there appears to be intangible benefits and improvements to our environment that probably cannot be quantified with this proposal. VOTE: The motion carried with Councilmember Elliott voting no. (4-1) D-2 CONSIDER RECOMMENDATIONS OF THE HARBOR ADVISORY BOARD TO SEND A LETTER REGARDING REAUTHORIZATION OF THE MARINE MAMMAL PROTECTION ACT; (HARBOR) Harbor Director Rick Algert stated the Marine Mammal Protection Act (MMPA) was passed in 1972 and prohibits humans from disturbing or injuring marine mammals. Congress is currently considering the reauthorization of the MMPA via HR 2693 (Gilchrest). The House Resources Subcommittee on Fisheries Conservation, Wildlife and Oceans is currently reviewing HR2693. On August 19, 2003, the subcommittee held an oversight hearing in San Diego on "the escalation of interaction between the growing populations of Marine Mammals and Human Activities on the West Coast." On August 26, 2003, the Port San Luis Harbor District held a public hearing on this issue and directed that the correspondence be sent out commenting on reauthorization of the MMPA. The Morro Bay Harbor Advisory Board heard this item on September 4, 2003. The Board heard extensive public testimony, reviewed the Port San Luis correspondence and unanimously passed a recommendation that the City Council send a letter to the House Resources Committee commenting on reauthorization of the MMPA similar to the letter sent by the Port of San Luis. 12 DI MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING — SEPTEMBER 22, 2003 Mayor Yates requested Council support in taking a position on this issue. He said there is a need to support the Federal Government in order to control this situation. Councilmember Peirce expressed support for the City sending a letter to the House Resources Committee. He said the pinnipeds very well could take over the street -end docks. Councilmember Peters stated Morro Bay only has one launch ramp and cannot afford to give it up to the pinnipeds. She said nature is out of balance in this case. Councilmember Winholtz stated she agrees with sending the letter in concept; however, she would like to make amendments to the letter as sent by the Port of San Luis. She said management of this situation is important. Councilmember Elliott stated this is a clear example of extremely short sighted and ® defective science by special interest, and a false habitat has been created. He said he is in support of sending the letter without amendment. Mayor Yates stated he would like to adopt a resolution stating Council's position on this situation. MOTION: Councilmember Elliott moved the City Council authorize the Mayor to send a letter commenting on reauthorization of the Marine Mammal Protection Act; and, direct staff to draft a resolution stating Council's position and return to Council. The motion was seconded by Councilmember Peters and carried with Councilmember Winholtz voting no. (4-1) ADJOURNMENT The meeting adjourned at 10:12 p.m. Recorded by: Bridgett Bauer City Clerk `(U 13 1W 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, 2003 CLOSED SESSION — AUGUST 25, 2003 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 • Applegate vs. City of Morro Bay. 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 located at Embarcadero & Market. CS-3 GOVERNMENT CODE SECTION 54957; PERSONNEL ISSUES. Discussions regarding Personnel Issues including one (1) public employee regarding discipline/release/evaluation, specifically the City Attorney. IT IS NOTED THAT THE CONTENTS OF CLOSED SESSION MEETINGS ARE CONFIDENTIAL AND EXEMPT FROM DISCLOSURE. 01 ® PUBLIC SESSION — AUGUST 25, 2003 VETERANS MEMORIAL HALL - 6:00 P.M. 209 SURF ST., MORRO BAY, CA ESTABLISH QUORUM AND CALL TO ORDER MOMENT OF SILENCE PLEDGE OF ALLEGIANCE MAYOR AND COUNCILMEMBERS ANNOUNCEMENTS & PRESENTATIONS CLOSED SESSION REPORT PUBLIC COMMENT PERIOD - Members of the audience wishing to address the Council on City business matters (other than Public Hearing items under Section B) may do so at this time. To increase the effectiveness of the Public Comment Period, the following rules shall be followed: • When recognized by the Mayor, please come forward to the podium and state your name and address for the record. Comments are to be limited to three minutes. ® • All remarks shall be addressed to Council, as a whole, and not to any individual member thereof. • No person shall be permitted to make slanderous, profane or personal remarks against any elected official, commission and/or staff. COUNCIL DECLARATION OF FUTURE AGENDA ITEMS A. CONSENT CALENDAR Unless an item is pulled for separate action by the City Council, the following actions are approved without discussion. A-1 APPROVAL OF MINUTES FOR THE REGULAR MEETINGS ON AUGUST 11. 2003; (ADMINISTRATION) RECOMMENDATION: Approve as submitted. A-2 STATEMENT OF CASH & INVESTMENTS — JUNE & JULY 2003; (FINANCE) RECOMMENDATION: Receive for information. l PA A-3 ORDINANCE NO. 497 AUTHORIZING AMENDMENT TO PERS ® CONTRACT (2.7% @ 55) FOR MISCELLANEOUS MEMBERS - SECOND READING/ADOPTION; (ADMINISTRATION) RECOMMENDATION: Adopt Ordinance No. 497. A-4 RESOLUTION NO. 44-03 APPROVING AMENDMENT TO LEASE FOR LEASE SITES 82-85/82W-85W AT 725 EMBARCADERO; (HARBOR) RECOMMENDATION: Adopt Resolution No. 44-03. A-5 RESOLUTION NO. 45-03 APPROVING AUTHORIZATION TO EXECUTE A DEPARTMENT OF BOATING & WATERWAYS EQUIPMENT GRANT FOR $40,000 FOR HARBOR PATROL VESSEL; (HARBOR) RECOMMENDATION: Adopt Resolution No. 45-03. B. PUBLIC HEARINGS. REPORTS & APPEARANCES B-I APPEAL OF A PLANNING COMMISSION APPROVAL OF A COASTAL DEVELOPMENT PERMIT FOR THE CONSTRUCTION OF A NEW TWO- STORY SINGLE FAMILY RESIDENCE WITH ASSOCIATED FRONTAGE IMPROVEMENTS LOCATED AT 690 DRIFTWOOD STREET; (PUBLIC ® SERVICES) a] RECOMMENDATION: Uphold the Planning Commission's determination, and deny the appeal. B-2 RESOLUTION NO. 43-03 ADOPTING THE CITY'S STORMWATER MANAGEMENT PLAN PURSUANT TO THE NATIONAL POLLUTION DISCHARGE ELIMINATION SYSTEM (NPDES) PROGRAM REQUIREMENTS; (PUBLIC SERVICES) RECOMMENDATION: Adopt Resolution No. 43-03. r C. UNFINISHED BUSINESS —NONE. D. NEW BUSINESS D-I DISCUSSION OF COUNCIL SUPPORT FOR ANEW VOTING METHOD FOR MUNICIPAL ELECTIONS (WINHOLTZ) RECOMMENDATION: Discuss and direct staff accordingly. 3 ® D-2 CONSIDERATION OF RESCINDING THE DENIAL OF THE HARBOR VIEW PROJECT APPEAL (WINHOLTZ) RECOMMENDATION: Discuss and direct staff accordingly. D-3 DISCUSSION OF SATELLITE DISH ORDINANCE (PEIRCE) 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. 2 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 — AUGUST 25, 2003 CITY HALL CONFERENCE ROOM - 5:00 P.M. Mayor Yates called the meeting to order at 5:00 p.m. PRESENT: William Yates Mayor Dave Elliott Councilmember William Peirce Councilmember Janice Peters Councilmember Betty Winholtz Councilmember STAFF: Robert Hendrix City Manager Robert Schultz City Attorney CLOSED SESSION MOTION: Councilmember Peirce moved the meeting be adjourned to Closed Session. The motion was seconded by Councilmember Peters and unanimously carried. (5-0) Mayor Yates read the Closed Session Statement. ® CS-1 GOVERNMENT CODE SECTION 54956.9(a); CONFERENCE WITH LEGAL COUNSEL REGARDING PENDING LITIGATION • Applegate vs. City of Morro Bay. 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 located at Embarcadero & Market. CS-3 GOVERNMENT CODE SECTION 54957; PERSONNEL ISSUES. Discussions regarding Personnel Issues including one (1) public employee regarding discipline/release/evaluation, specifically the City Attorney. The meeting adjourned to Closed Session at 5:00 p.m. and returned to regular session at 5:50 p.m. MOTION: Councilmember Peters moved the meeting be adjourned. The motion was seconded by Councilmember Peirce and unanimously carried. (5-0) The meeting adjourned at 5:50 p.m. E MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING — AUGUST 25, 2003 VETERANS MEMORIAL HALL - 6:00 P.M. Mayor Yates called the meeting to order at 6:00 p.m PRESENT: William Yates Mayor Dave Elliott Councilmember William Peirce Councilmember Janice Peters Councilmember Betty Winholtz Councilmember STAFF: Robert Hendrix City Manager Robert Schultz City Attorney Bridgett Bauer City Clerk Rick Algert Harbor Director Greig Cummings Planning Manager Frank Cunningham City Engineer Jeff Jones Fire Chief Jim Koser Finance Director Joe Loven Police Chief Mike Prater Associate Planner ® ESTABLISH QUORUM AND CALL TO ORDER MOMENT OF SILENCE PLEDGE OF ALLEGIANCE MAYOR'S REPORTS & ANNOUNCEMENTS CLOSED SESSION REPORT - City Attorney Robert Schultz reported the City Council met in Closed Session, and no reportable action under the Brown Act was taken. PUBLIC COMMENT Norman Risch addressed the constitutionality of public speakers at a public meeting. Grant Crowl addressed first amendment rights and how he felt the Mayor slandered his character by censoring him at the last City Council meeting. Roger Smiley stated it appears as if there is a bias on the part of City officials with the democratic process relating to the citizenry speaking during public comment. Roy Ogden, attorney, referred to policy sections of the Local Coastal Plan and the Coastal Act relating to the Harbor View Project. He said Council's action taken on this project has been appealed to the Coastal Commission and suggested the City Council reconsider their action in order to preserve the bluff top coastal view. C MINUTES - MORRO BAY CITY COUNCIL ® REGULAR MEETING — AUGUST 25, 2003 Ray McKelligott stated the Planning Commission is out of control by considering developers over the citizens of Morro Bay. David Nelson expressed concern with the proposal by the Colmer Development to provide townhouses for low-income housing rather than single-family residences. He also asked of the status of the outfall lease, and if the City has collected the monies owed by Duke Energy. Bill Woodson addressed the Closed Session item relating to the Personnel item (City Attorney's evaluation), and expressed his endorsement of the City Attorney and the services he provides the City. He also addressed the Harbor View Project stating the proposed height is too high and parking should be required. Mr. Woodson recommended the City consider the annexation of the Chevron property. Lee Greenawalt announced the first community garden "Estero Community Garden" which is located at the Methodist Church in Morro Bay. George Contento addressed the Harbor View Project and its inconsistencies with the ® Local Coastal Plan. He stated this project should go back to the Planning Commission for reconsideration. Susan Mullen referred to Item D-I (Discussion of Council Support for a New Voting Method for Municipal Elections) stating this is a very forward and future thinking item. She also referred to Item D-2 (Consideration of Rescinding the Denial of the Harbor View Project Appeal) stating this issue requires further in-house review. Ms. Mullen stated she would like the City to consider an Open Space Program. Nelson Sullivan expressed concern that the Council has violated the Brown Act by allowing the Mayor to speak for the Council as a whole. John Bafford referred to a ruling that the Coastal Commission made on a previous project in Morro Bay that states residential development south of Highway One should be cited so as to maintain the neighborhood views of the bay, ocean, and Morro Rock. He noted Council should consider this ruling and perhaps reconsider the Harbor View Project. Roger Ewing expressed gratitude for AGP Video noting they are a Community Treasure. Sally Young commended Andrea Lueker and Lou Zatt for the meetings they have held with the Cloisters homeowners. ® Mayor Yates closed the hearing for public comment. ki ® MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING — AUGUST 25, 2003 DECLARATION OF FUTURE AGENDA ITEMS Councilmember Winholtz requested to agendize discussion on developing an Open Space Program. Mayor Yates called for a break at 7:00 p.m.; the meeting resumed at 7:15 p.m. A. CONSENT CALENDAR Unless an item is pulled for separate action by the City Council, the following actions are approved without discussion. A-1 APPROVAL OF MINUTES FOR THE REGULAR MEETINGS ON AUGUST 11, 2003; (ADMINISTRATION) RECOMMENDATION: Approve as submitted. A-2 STATEMENT OF CASH & INVESTMENTS — NNE & JULY 2003; (FINANCE) ® RECOMMENDATION: Receive for information. rD] A-3 ORDINANCE NO. 497 AUTHORIZING AMENDMENT TO PERS CONTRACT (2.7% @ 55) FOR MISCELLANEOUS MEMBERS - SECOND READING/ADOPTION; (ADMINISTRATION) RECOMMENDATION: Adopt Ordinance No. 497. A4 RESOLUTION NO. 44-03 APPROVING AMENDMENT TO LEASE FOR LEASE SITES 82-85/82W-85W AT 725 EMBARCADERO; (HARBOR) RECOMMENDATION: Adopt Resolution No. 44-03. A-5 RESOLUTION NO. 45-03 APPROVING AUTHORIZATION TO EXECUTE A DEPARTMENT OF BOATING & WATERWAYS EQUIPMENT GRANT FOR $40,000 FOR HARBOR PATROL VESSEL; (HARBOR) RECOMMENDATION: Adopt Resolution No. 45-03. Mayor Yates pulled Item A-1 from the Consent Calendar; Councilmember Winholtz pulled Items A-2 and A-4; and Councilmember Peters pulled Item A-3. 11 ® MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING — AUGUST 25, 2003 MOTION: Councilmember Winholtz moved the City Council approve Item A-5 of the Consent Calendar. The motion was seconded by Councilmember Elliott and carried unanimously. (5-0) A-1 APPROVAL OF MINUTES FOR THE REGULAR MEETINGS ON AUGUST 11, 2003; (ADMINISTRATION) Mayor Yates requested a correction to Public Comment (Grant Crowl's statement). MOTION: Councilmember Elliott moved the City Council approve Item A-1 of the Consent Calendar as amended. The motion was seconded by Councilmember Winholtz and carried unanimously. (5-0) A-2 STATEMENT OF CASH & INVESTMENTS — JUNE & JULY 2003; (FINANCE) Councilmember Winholtz pulled this item for public information on the status of the City's Statement of Cash & Investments. isMOTION: Councilmember Winholtz moved the City Council approve Item A-2 of the Consent Calendar. The motion was seconded by Councilmember Elliott and carried unanimously. (5-0) A-3 ORDINANCE NO. 497 AUTHORIZING AMENDMENT TO PERS CONTRACT (2.7% @ 55) FOR MISCELLANEOUS MEMBERS - SECOND READING/ADOPTION; (ADMINISTRATION) Councilmember Peters addressed a correction on the staff report that has already been corrected. MOTION: Councilmember Peters moved the City Council approve Item A-3 of the Consent Calendar as corrected. The motion was seconded by Councilmember Elliott and carried unanimously. (5-0) A-4 RESOLUTION NO. 44-03 APPROVING AMENDMENT TO LEASE FOR LEASE SITES 82-85/82W-85W AT 725 EMBARCADERO; (HARBOR) Councilmember Winholtz expressed concern with giving this lessee an extension on both rent and waiving their percentage of gross income; and is it right to give them two benefits for poor planning. Harbor Director Rick Algert responded in reviewing the redevelopment process of this lease site. 5 ® MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING — AUGUST 25, 2003 MOTION: Councilmember Elliott moved the City Council approve Item A-4 of the Consent Calendar. The motion was seconded by Councilmember Peirce and carried with Councilmember Winholtz voting no. (4-1) B. PUBLIC HEARINGS. REPORTS & APPEARANCES B-I APPEAL OF A PLANNING COMMISSION APPROVAL OF A COASTAL DEVELOPMENT PERMIT FOR THE CONSTRUCTION OF A NEW TWO- STORY SINGLE FAMILY RESIDENCE WITH ASSOCIATED FRONTAGE IMPROVEMENTS LOCATED AT 690 DRIFTWOOD STREET; (PUBLIC SERVICES) Associate Planner Mike Prater stated on May 5, 2003, the applicant applied for an Administrative Coastal Development Permit for the construction of a new two-story 1,646 square foot single-family residence with a 457 square foot attached garage on an R-2 lot. On June 9, 2003 staff approved the project with conditions of approval in accordance with Morro Bay Municipal Code Section 14.44.260 that specifically does not require curb, gutter and sidewalks. These improvements are only required on multi -family, commercial and ® industrial zones. An appeal of stairs decision was filed on June 6, 2003 in anticipation that the approval would not address the concerns of pedestrian safety. On July 21, 2003 the Planning Commission considered the application at a regularly scheduled public hearing, and approved the Coastal Development Permit subject to standard conditions of approval, including a special condition agreed to by the applicant to install an asphalt sidewalk for pedestrian access and drainage control. The applicant is requesting that the City Council uphold the Planning Commission approval without the need for a second driveway and carport. The appellants are requesting the City Council approve the project and require the installation of concrete sidewalks on Piney Way only. Mr. Prater recommended the City Council uphold the Planning Commission's determination and deny the appeal. Bruce Risley, appellant, took the City Council on a virtual walk along Piney Way from Harbor Street to Driftwood Street. He pointed out the inconsistencies along Piney Way where there are no sidewalks, several encroachments with no sidewalks where he has to walk onto the street, and portions with sidewalks, curbs and gutters. Mr. Risley stated he is appealing the Planning Commission's approval of this project in order to include sidewalks, curbs and gutters along the Piney Way side of this project. Joan Powell, applicant, stated City staff had reviewed her plans on April 10, 2003 and noted since her property was in an R-2 zone it did not require sidewalks. She said Mr. Risley appealed staffs approval to the Planning Commission who reviewed her project on July 21, 2003 and approved her project without the requirement of sidewalks. Ms. Powell stated in ® her own review of neighborhoods in Morro Bay, 90% of R-1 and R-2 zoned residences do e MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING — AUGUST 25, 2003 not have sidewalks. She requested the City Council approve her project without the requirement of sidewalks. Ms. Powell also requested Council grant her a one-time exemption to not have to put in a single car garage on Piney Way due to drainage problems, added traffic problems, and it's lack of practicality and utilization. Don Doubledee, agent for applicant, stated the City ordinance on sidewalks, curbs and gutters is clear and has been enforced for years the way it is currently written. He said the zoning for this property is R-2 and does not require sidewalks. Mr. Doubledee discussed the drainage problem along this property on Piney Way noting this location is not suitable for. a garage. He requested the City Council dismiss the appeal, allows the applicant to provide a community path as described by staff, and agree with the Planning Commission that the ordinance needs to be studied and possibly revised. Mayor Yates opened the hearing for public comment. John Lay, neighboring property on Piney Way, stated there is a flooding problem at the corner of this property. He said a storm drain would be necessary if a sidewalk were ® installed. Nancy Bast expressed support for the appellants, and stated the Risley's have a long history of championing good government and the common cause and community service in Morro Bay. She said over the past thirty years, the Risley's have seen an enormous increase in traffic and pedestrian use on Piney Way. Ms. Bast stated she polled other cities in the county and found they require curbs, gutters and sidewalks in a multi -family zone. She requested the City Council condition this project to provide a sidewalk that will provide the essential safety of this City street. Stan House requested the City Council deny the appeal, and grant the exemption for this project. Bill Woodson stated a walking pathway would be sufficient for this project, and Council should deny the appeal and grant the exemption. Roger Ewing stated the applicant's frontage encroachment causes people to walk into the street, and the appellant is only asking for a sidewalk along the Piney Way side of this project for safety issues. Ed Ewing stated the zoning ordinance should be more consistent; however, if an R-2 zone does not require sidewalks, then the applicant should not be required to provide them. He ® said the appellant should try to change the requirements of the zoning ordinance. ►l ® MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING — AUGUST 25, 2003 Harvey Sanders stated sidewalks are not necessary along a wide street such as Piney Way. Sally Young stated the applicant has been working in good faith in the process of acquiring a building permit for her project. She asked why this appeal has reached this level of attention wasting many hours of staff, the Planning Commission and City Council time, and caused the applicant more money and delayed time to start her project. Elaine Borden stated the applicant had received documents from City staff stating an R-2 zone does not require curb, gutter and sidewalks. She said regulations such as this should be established, defined and understood by all parties involved in the permit process. Ms. Borden stated to impose a regulation that needs interpretation and possibly would set a precedent, is unfair and would create undo fmancial burden on the property owner. She expressed concern with the proposed community path stating most paths are used for off- street parking. Nelson Sullivan addressed the history of the zoning of this property. He said this is a sign of the degradation of the City's General Plan. ® Joan Peterson stated her daughter is the applicant, and is proposing to build this house so that she may live with her daughter. She requested the City Council deny this appeal. J Dick Whittaker stated the City has professional staff that has made a recommendation to the City Council to deny the appeal, and he agrees with this recommendation. Ray McKelligott stated the General Plan should supersede the Zoning Ordinance. He showed pictures of streets with and without sidewalks. John Rolofson asked the appeal be denied based on the fact that it is zoned R-2, which does not require curbs, gutters and sidewalks. Mayor Yates closed the public comment hearing. Councilmember Peirce stated he looked at the property and said he is in support of denying the appeal. Councilmember Peters stated this street does not have a continuous sidewalk. She said Piney Way is not a practical place to place a driveway. Councilmember Peters stated she supports the denial of this appeal. 0 ® MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING — AUGUST 25, 2003 Mayor Yates stated if it is not the law it should not be required, and the applicant was told it was not needed. He said with respect to the appellant, he would support the project by denying the appeal, and grant the exception on the requirement of a single car garage. Councilmember Winholtz stated this is a policy issue and precedent setting. She said the City should be following the General Plan and Land Use Plan that states there should be continuous sidewalks, good pathways and pedestrian safety in the City. Councilmember Winholtz stated concrete is smooth and easy to take care of versus using asphalt; drainage could be negotiated; and she supports the removal of the driveway on Piney Way. Councilmember Elliott stated the General Plan gives an idea of what could be done, and the zoning ordinance offers the law. He said the zoning does not require sidewalks and with that, deny the appeal and remove the required driveway off Piney Way. MOTION: Councilmember Elliott moved the City Council uphold the Planning Commission's determination and deny the appeal • of a Coastal Development Permit for the construction of a new two-story single family residence with associated frontage improvements located at 690 Driftwood ® Street; further, that the project is approved as modified to eliminate the carport and relocate an existing driveway from Piney Way to Driftwood Street. The motion was seconded by Councilmember Peirce and carried with Councilmember Winholtz voting no. (4-1) C Mayor Yates called for a break at 8:25 p.m.; the meeting resumed at 8:35 p.m. B-2 RESOLUTION NO. 43-03 ADOPTING THE CITY'S STORMWATER MANAGEMENT PLAN PURSUANT TO THE NATIONAL POLLUTION DISCHARGE ELIMINATION SYSTEM PROGRAM REQUIREMENTS; (PUBLIC SERVICES) Planning Manager Greig Cummings stated the Stormwater Management Plan is the City's proposal as to how we intend to comply with the mandatory requirements of the US Environmental Protection Agency National Pollutant Discharge Elimination System Phase II Final Rule and the State Water Resources Control Board General Permit. The plan is an integrated approach for prevention of storm water runoff pollution in Morro Bay. The plan also provides a basis on which to request grant funds for improvements to the Stormwater System when future grant funding becomes available. Mr. Cummings recommended the City Council adopt Resolution No. 43-03 approving the Stormwater Management Plan and direct staff to submit the plan to the Regional Water Quality Control Board. E ® MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING — AUGUST 25, 2003 Councilmember Winholtz referred to page 24 of the Stormwater Management Plan, and asked to add a program #6 to extend the plan to North Morro Bay. She also referred to page 15, and requested the stakeholders list be expanded to include the San Luis Coastal Unified School District and State Parks. Councilmember Winholtz referred to page I I, and requested the neighboring towns be included in the Plan. She also referred to page 17, third bullet, where it states: "Staff time to design stencil and receive Council approval of the design"; and requested to remove the words "receive Council approval of the design' from the phrase. Councilmember Elliott referred to page 1, paragraph 2, stating in this paragraph the State Water Resources Control Board places the City of Morro Bay in the responsible role, and the majority of the pollutants that run into Morro Bay do not come from this City. He said the County should take responsibility for the pollutants they place in the bay. Councilmember Peters suggested adding the following language: "The City of Morro Bay maintains that while storm waters end up here, they flow from County lands over which the City has no control and accepts no responsibility." She said she appreciates the National Estuary Program support of this Plan and the education this Plan has provided. is Councilmember Peirce stated it would benefit the City to be pro -active by performing public education and monitoring what is going into the storm drains. D] Mayor Yates opened the hearing for public comment. Roger Smiley stated there are point and non -point resources with hazardous materials and sewage. Point resources are places such as factories where you can trace them out; and, none -point resources are locations such as leech fields where you have to locate where the hazardous materials are coming from. Mayor Yates closed the public comment hearing. MOTION: Councilmember Elliott moved the City Council adopt Resolution No. 43-03 approving the Stormwater Management Plan with amendments discussed by Council to pages 1, 15, and 17; also, direct staff to submit the plan to the Regional Water Quality Control Board. The motion was seconded by Councilmember Peters. Councilmember Winholtz requested to amend the motion to include an amendment to page 24, third sentence, and add the language: "If possible this program can be expanded to other areas as resources become available." 10 MINUTES - MORRO BAY CITY COUNCIL ® REGULAR MEETING — AUGUST 25, 2003 Councilmember Elliott amended his motion to include this language; Councilmember Peters amended her second. VOTE: (5-0) C. UNFINISHED BUSINESS — None. D. NEW BUSINESS D-I DISCUSSION OF COUNCIL SUPPORT FOR ANEW VOTING METHOD FOR MUNICIPAL ELECTIONS (WINHOLTZ) Councilmember Winholtz requested this discussion under Future Agenda Items at the August 11, 2003 City Council meeting. Councilmember Winholtz stated Instant Voter Runoff, Choice Voting, and Cumulative Voting are the most popular titles of an election reform movement that is taking place across the country. She said a decision may be made at the state, county or municipal level, and it would behoove the Council to become familiar with the concepts of these new ways of voting. Councilmember Winholtz suggested the ® City Council invite a speaker to address the different voting methods that may be imposed in our City. C1 Councilmember Elliott stated he is not in support of the City taking a stand on a new voting method. Councilmember Peters stated it would be interesting to know how the different voting methods work, but she also believes the State will not seek comments from cities on what voting method to use. Councilmember Peirce stated the State would probably contact the County Clerk on what voting method will be used in our County. Councilmember Winholtz stated she would like to take the initiative to educate the community on the popular voting methods. MOTION: Councilmember Winholtz moved the City Council approve receiving information from a public speaker regarding popular voting systems. The motion was seconded by Councilmember Peters. 11 ® MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING — AUGUST 25, 2003 Councilmember Peters stated this is a good idea; however, premature. VOTE: The motion failed with Councilmember Elliott, Councilmember Peirce, Councilmember Peters and Mayor Yates voting no. (1-4) Mayor Yates called for a break at 9:30 p.m.; the meeting resumed at 9:40 p.m. D-2 CONSIDERATION OF RESCINDING THE DENIAL OF THE HARBOR VIEW PROJECT APPEAL (WINHOLTZ) Councilmember Winholtz requested this discussion under Future Agenda Items at the August 11, 2003 City Council meeting. Councilmember Winholtz reviewed her reasons for rescinding the Council's decision to deny the appeal of the Harbor View Project. City Attorney Robert Schultz gave a legal opinion on the rescission of the decision previously made on this project. ® Councilmember Elliott stated City policies are what direct the plans for the City. He said Council has made its decision, and the next step should be before the Coastal Commission. Councilmember Elliott stated he is not in support of rehearing this item. Mayor Yates agreed with Councilmember Elliott's comments. Councilmember Peters stated the initial decision on this project was incorrect because it was based on greater public benefit; and based on that, she is in favor of rescinding that decision. Councilmember Peirce stated he has reviewed all concerns brought to him with the City Attorney for a legal opinion. He said the City Attorney has found Council's action to be appropriate, and with that he will not support rehearing this item. MOTION: Councilmember Winholtz moved the City Council rescind their decision to deny the appeal of the Harbor View Project. The motion was seconded by Councilmember Peters and failed with Councilmember Elliott, Councilmember Peirce and Mayor Yates voting no. (2-3) D-3 DISCUSSION OF SATELLITE DISH ORDINANCE (PEIRCE) Councilmember Peirce requested this discussion under Future Agenda Items at the August 11: 2003 City Council meeting. Councilmember Peirce stated his concern with satellite ® dishes is the new age technology and how dishes are being used. 12 ® MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING — AUGUST 25. 2003 The consensus of Council was in support of staff returning with further information on satellite dishes. MOTION: Councilmember Peirce moved the City Council direct staff to come back with a draft amendment to Section 17.48.340 of the Morro Bay Municipal Code reflecting Council's discussion on satellite dishes for Council review. The motion was seconded by Councilmember Peters and carried unanimously. (5-0) Mayor Yates stated he would like to remove the fee imposed by the City to install a satellite dish. Councilmember Peters stated she would like to have height limits reviewed when considering satellite dishes. MOTION: Councilmember Peirce moved the City Council direct staff to bring to Council for consideration. a draft amendment to Section 17.48.340 of the ® Morro Bay Municipal Code reflecting Council's discussion on satellite dishes. The motion was seconded by Councilmember Peters and carried unanimously. (5-0) MOTION: Councilmember Elliott moved the City Council direct staff to advise applicants applying for a use permit pursuant to Morro Bay Municipal Code Section 17.48.340, that they may apply to the City Council for a fee waiver. The motion was seconded by Councilmember Peters and carried unanimously. (5-0) MOTION: Councilmember Elliott moved the City Council advise the Edward Jones Investment Company that they may apply to City Council for a retroactive waiver of use permit fees associated with the installation of their satellite dish. The motion was seconded by Mayor Yates and carried with Councilmember Winholtz voting no. (4-1) ADJOURNMENT - The meeting adjourned at 10:35 p.m. Recorded by: / `►� �/ Bridgett I§Auer ® City Clerk 13 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, 2003 VETERANS MEMORIAL HALL - 6:00 P.M. 209 SURF ST., MORRO BAY, CA ESTABLISH QUORUM AND CALL TO ORDER MOMENT OF SILENCE PLEDGE OF ALLEGIANCE MAYOR AND COUNCILMEMBERS ANNOUNCEMENTS & PRESENTATIONS CLOSED SESSION REPORT ® PUBLIC COMMENT PERIOD - Members of the audience wishing to address the Council on City business matters (other than Public Hearing items under Section B) may do so at this time. To increase the effectiveness of the Public Comment Period, the following rules shall be followed: • When recognized by the Mayor, please come forward to the podium and state your name and address for the record. Comments are to be limited to three minutes. • All remarks shall be addressed to Council, as a whole, and not to any individual member thereof. • No person shall be permitted to make slanderous, profane or personal remarks against any elected official, commission and/or staff. COUNCIL DECLARATION OF FUTURE AGENDA ITEMS 2 A. CONSENT CALENDAR Unless an item is pulled for separate action by the City Council, the following actions are approved without discussion. A-1 APPROVAL OF MINUTES FOR THE REGULAR MEETINGS ON JULY 28, 2003; (ADMINISTRATION) RECOMMENDATION: Approve as submitted A-2 REPORT ON AD -HOC COMMITTEE REVIEW OF THE MOBILEHOME RENT CONTROL; (CITY ATTORNEY) RECOMMENDATION: Receive report for information. B. PUBLIC HEARINGS, REPORTS & APPEARANCES B-1 APPROVAL OF CONCEPT PLAN FOR 24-SPACE RECREATIONAL VEHICLE PARK AT 221 ATASCADERO ROAD; (PUBLIC SERVICES) RECOMMENDATION: Approve the Concept Plan based on the findings and conditions adopted by the Planning Commission at their July 3, 2003 hearing. ® B-2 APPROVAL OF CONCEPT PLAN FOR A MARINE MAMMAL CENTER AND PACIFIC WILDLIFE CARE AT THE DUKE ENERGY POWER PLANT; (PUBLIC SERVICES) I� I RECOMMENDATION: Approve the Concept Plan based on the findings and conditions adopted by the Planning Commission at their July 7, 2003 hearing. C. UNFINISHED BUSINESS C-1 ACCEPTANCE OF YOUTH SERVICES AD -HOC COMMITTEE GOALS REPORT; (RECREATION & PARKS) RECOMMENDATION: Accept the Goals Report for the Teen Center. D. NEW BUSINESS D-1 REPORT ON ZONING ORDINANCE AMENDMENTS; (PUBLIC SERVICES) RECOMMENDATION: Direct staff to prepare and solicit requests for proposals for a comprehensive update and rewrite of the City's Zoning Ordinance. P: D-2 COUNCIL REQUEST TO DISCUSS THE APPOINTMENT OF A COUNCIL LIAISON ON EACH COMMISSION AND ADVISORY BOARD; AND CITY COUNCIL COMMUNICATION WITH EACH COMMISSION AND ADVISORY BOARD; (CITY COUNCIL) 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. C 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 — AUGUST 11, 2003 VETERANS MEMORIAL HALL - 6:00 P.M. Mayor Yates called the meeting to order at 6:00 p.m. PRESENT: William Yates Mayor Dave Elliott Councilmember William Peirce Councilmember Janice Peters Councilmember Betty Winholtz Councilmember STAFF: Jim Koser Acting City Manager Robert Schultz City Attorney Bridgett Bauer City Clerk Bruce Ambo Public Services Director Gary Kaiser Senior Planner Joe Loven Police Chief Andrea Lueker Recreation & Parks Director Mike Pond Acting Fire Chief ® ESTABLISH QUORUM AND CALL TO ORDER MOMENT OF SILENCE PLEDGE OF ALLEGIANCE MAYOR'S REPORTS & ANNOUNCEMENTS CLOSED SESSION REPORT —No Closed Session Report. PUBLIC COMMENT Mary Lyons expressed concern with the controversy of the two trees on the northwest comer of Morro Avenue adjoining her property. She said the arborist report shows these trees to be a hazard and should be removed. Ms. Lyons noted the City would be liable if these trees are not removed and cause private property damage. Grant Crowl approached Council to read a letter from Norman Risch. Mayor Yates stated the First Amendment trumps and that Mr. Crowl could read the letter if he chose, but asked that he not read it because it had previously been published in the Sun Bulletin and it violated Council policy regarding public comment. Frank DeVine stated there is a long -neglected safety hazard on Juniper Street where deep erosion scars mark a potential slide. He said catastrophic devastation caused by landslide, mudflow and flooding can be avoided if corrective measures are employed in a timely manner. Mr. Devine stated the City would receive a statement from his attorney ® regarding this hazard. ® MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING — AUGUST 11, 2003 John Adolsky stated the City should have maintained prayer at the beginning of the meetings. He reported on Lifewater International which is a non-profit ministry located in Morro Bay. Pat Mullen, Duke Energy, referred to an article in the LA Times referring to the results of the Federal Energy Regulation Commission report on energy withholding. He said this report states Duke Energy acted appropriately in their operations in California that includes the plant in Morro Bay. Stan House stated the Army Corps of Engineers has recently sent some projects to the National Estuary Program for review including the ban of people in areas including the shoreline, islands in the bay and water areas. He requested the City Council oppose this recommendation, and request they take it off the list. Ken Vesterfelt referred to Ms. Lyons concern with the controversy on the removal of the trees adjoining her yard. He requested the City Council look at the trees and note the liability they may cause. ® John Barta stated he represented the City at a celebration of the "All American By -Way Highway'. He referred to Item D-2 (Council Request to Discuss the Appointment of a Council Liaison on Each Commission and Advisory Board; and City Council Communication With Each Commission and Advisory Board), and stated a Council liaison would have an extraordinary amount of influence on the board or commission they would represent. Mr. Barta said this concept would also dampen the creativity and independence of thought on the boards and commissions. Roger Ewing stated he was surprised and disappointed with Council action on the Harbor View Project, and requested Council reconsider their action based on legal statements. He referred to Item D-I (Report on Zoning Ordinance Amendments), and recommended the City Council form a committee to review the zoning ordinance. Mayor Yates closed the hearing for public comment. DECLARATION OF FUTURE AGENDA ITEMS Councilmember Winholtz requested to agendize discussion on: 1) support for a new voting method for municipal elections; and 2) consideration to rescind the approval of the Harbor View Project. Councilmember Peters supported this request. Councilmember Peirce requested to agendize the discussion on satellite dishes. Pa ® MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING — AUGUST 11, 2003 A. CONSENT CALENDAR Unless an item is pulled for separate action by the City Council, the following actions are approved without discussion. A-1 APPROVAL OF MINUTES FOR THE REGULAR MEETINGS ON JULY 28, 2003; (ADMINISTRATION) RECOMMENDATION: Approve as submitted A-2 REPORT ON AD -HOC COMMITTEE REVIEW OF THE MOBILEHOME RENT CONTROL; (CITY ATTORNEY) RECOMMENDATION: Receive report for information. MOTION: Councilmember Winholtz moved the City Council approve the Consent Calendar. The motion was seconded by Councilmember Peirce and carried unanimously. (5-0) ® Mayor Yates called for a break at 6:58 p.m.; the meeting resumed at 7:16 p.m. B. PUBLIC HEARINGS REPORTS & APPEARANCES 01 B-1 APPROVAL OF CONCEPT PLAN FOR 24-SPACE RECREATIONAL VEHICLE PARK AT 221 ATASCADERO ROAD; (PUBLIC SERVICES) Senior Planner Gary Kaiser stated the subject site is located on the north side of Atascadero Road, immediately to the south of Morro Bay High School. The site is designated and zoned for commercial visitor -serving use with a planned development overlay. Pursuant to Section 17.40.030 of the Zoning Ordinance, all development on lands zoned with a PD Overlay require conditional use permit approval. On July 7, 2003, the Planning Commission voted 3:1 to conditionally approve the subject concept plan for the establishment of a 24-space RV Park. Conditions include requirements for an on -site caretaker, a time limit with regard to length of stay, and compliance with setback and screening requirements. The approval also included an increase in density to 36 spaces, but the environmental document prepared for the project would have to be revised and re- circulated for public review prior to approving the increase. Following City Council action on the concept plan, the applicant must return to the Planning Commission for precise plan approval. Mr. Kaiser recommended the City Council approve the proposed Concept Plan for CUP 09-03 and CDP 06-03R based on the findings and conditions adopted by the Planning Commission at their July 3, 2003 hearing. 3 ® MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING — AUGUST 11, 2003 Ed Ewing, representing the applicant, stated the design is for a recreational vehicle park. He said the amount of space allowed for each unit in the zoning ordinance did not allow for enough vehicles to make a profit without concern of winter business. Mr. Ewing stated with a time limit imposed, the applicant would need enough space for 36 units; otherwise, they would suggest 24 units. He said the applicant is proposing to move the fence back seven feet from the sidewalk with landscaping for seven feet in order to have room for parking and other uses. Mr. Ewing addressed an issue with the Code Enforcement Officer on piling dirt on the property, and he noted the applicant did have a permit for such activity. Mayor Yates opened the hearing for public comment. Jim Wood stated he supports this project. Andy Hampp stated clarification is needed on what is temporary vs. permanent occupancy in an RV park. John Barta, Chairman of the Planning Commission, stated the Commission was concerned with the Coastal Act involving visitors coming to the coast and having a place to stay. He ® said the Commission shortened the time limitation to accommodate visitors for two seasons. a] Ray McKelligott stated the time limit in a recreational vehicle park is 14 days. Stan House stated he supports this project. Mayor Yates closed the public comment hearing. Councilmember Peters stated she would like to set the time limit to 28 days for the summer vacationers, and allow the time period restrictions be adjusted to the season. Councilmember Winholtz stated it is important that the City follows the zoning of this property which is visitor serving. She expressed concern with water usage, the requirement of sediment traps, and the disturbance of snowy plover. Councilmember Elliott stated this plan is like a Class -A motor home park. He said the average size for an RV park is 24'x50' per space. Councilmember Elliott stated this proposed park could fit twice as many spaces than proposed which would benefit the City with twice as many visitors. 13 ® MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING — AUGUST 11, 2003 Mayor Yates stated the concern seems to be that this RV Park is usurping the visitor serving purpose by turning into a permanent mobile home park. He said he would rather see a regulation RV Park that brings the visitors to Morro Bay. Councilmember Peirce stated the City should not be micro -managing the time limit on this park. He said he supports a time limit but let the owner manage it. Councilmember Peirce stated he would rather not have the fence move back 25 feet because that would be a waste of visitor -serving space. Councilmember Elliott agreed that moving the fence is not necessary. Councilmember Peirce suggested allowing a one-time 90-day limit. Councilmember Winholtz stated she would not support that suggestion because the length of stay defines the type of park that it is. Councilmember Peters suggested placing a deed restriction on this park maintaining it is for temporary stay. ® MOTION: Councilmember Elliott moved the City Council approve the proposed Concept Plan with revisions to Conditions 31 and 32 such that density limits be replaced with a requirement that each RV space be a minimum of 24'x50' or any configuration of 1,200 square feet; the perimeter fencing remain as proposed by the applicant; and, the length of stay be subject to a 90-day maximum time limit with a minimum of 30 days out of the park between 90 day stays. The motion was seconded by Councilmember Peirce. Councilmember Winholtz requested to amend the motion to allow for sediment traps; and, amend Condition #29 that partially states: "prior to any site disturbance" and substitute with "within 30 days of ground clearing activities". Councilmember Elliott stated he would not change his motion. VOTE: The motion carried with Councilmember Winholtz voting no. (4-1) Mayor Yates called for a break at 8:27 p.m.; the meeting resumed at 8:38 p.m. 5 MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING — AUGUST 11, 2003 B-2 APPROVAL OF CONCEPT PLAN FOR A MARINE MAMMAL CENTER AND PACIFIC WILDLIFE CARE AT THE DUKE ENERGY POWER PLANT; (PUBLIC SERVICES) Senior Planner Gary Kaiser stated the project site is located on the Duke Power Plant site, is in the coastal dependent industrial district, and also has planned development and interim use overlays. Pursuant to Section 17.40.030 of the Zoning Ordinance, development on parcels zoned with a PD overlay requires a Conditional Use Permit. For new development or new uses on parcels greater than one acre, the applicant must submit a concept plan and a precise plan. Even though the project area is approximately one half acre, the Duke parcel is well over the one acre requirement of the ordinance for a concept plan/precise plan review. The applicant, Marine Mammal Center, proposes the placement of facilities to act as a triage for marine mammals that would be removed to an animal hospital within 24-hours. Pacific Wildlife Care proposes facilities for the treatment and rehabilitation of birds and small mammals on the site until they are recuperated. The uses will require the addition of new structures. Modular buildings are proposed along with pools and holding cages and pens. The Planning Commission concurred with the staff that landscaping of the area is not necessary as the facility is not visible off -site and the existing landscaping and ® screening fencing of the power plant is adequate landscaping for the parcel. The Precise Plan will include energy dissipaters for any storm waters flowing off new impervious surfaces such as the holding pens and roofs. Mr. Kaiser recommended the City Council approve the Concept Plan based on the findings and conditions adopted by the Planning Commission at their July 7, 2003 hearing. Mayor Yates opened the hearing for public comment. Marilyn Montgomery, architect for project, stated this project is a triage facility for the rescue of marine mammals and a facility for the rescue of birds. The project consists of 1,445 square feet for modular office with kennel, 535 square feet of temporary holding pens for the marine mammals, a seabird cage of 1,536 square feet, a modular building of 2,880 square feet for Pacific Wildlife Care for office and animal care, a storage trailer of 350 square feet, a garage of 1,440 square feet and two pools of 3,000 gallons (with a spill there may be three pools). The approval also permits the removal of three small buildings now located on the site. Prior to the establishment of this facility, the animals were cared for in the garage of private residents. The mammals are each only at the site until they are transported to another facility in Sausalito typically within 24 hours. Mayor Yates closed the public comment hearing. R,] 21 ® MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING — AUGUST 11, 2003 MOTION: Councilmember Peirce moved the City Council approve the Concept Plan for CUP 13-03/CDP 22-03 based on the findings and conditions adopted by the Planning Commission at their July 7, 2003 hearing. The motion was seconded by Councilmember Elliott and carried unanimously. (5-0) C. UNFINISHED BUSINESS C-1 ACCEPTANCE OF YOUTH SERVICES AD -HOC COMMITTEE GOALS REPORT; (RECREATION & PARKS) Recreation & Parks Director Andrea Lueker stated the City Council, in January 2003. endorsed the formation of a short-term ad -hoc committee to advise the Recreation & Parks Department on an activities/program plan for the teen center located at 231 Atascadero Road. Through a number of meetings, interviews, focus groups and sessions a goals report has been produced. Ms. Lueker recommended the City Council accept this document that will be used in the planning of future events and activities at the teen center. ® MOTION: Councilmember Elliott moved the City Council accept the Youth Services Ad -Hoc Committee Goals Report. The motion was seconded by Councilmember Peirce and carried unanimously. (5-0) D. NEW BUSINESS D-I REPORT ON ZONING,ORDINANCE AMENDMENTS; (PUBLIC SERVICES) Public Services Director Bruce Ambo stated on June 23, 2003, the City Council directed staff to return with a work program for completing zoning ordinance amendments to eliminate overlay zones and height inconsistencies in the North Main Street area. Numerous General Plan, Specific Plan, Local Coastal Plan and Zoning Ordinance amendments have occurred over the years that have created a complex regulatory framework. Eliminating one or two of the overlay zones or combining districts would require major citywide zoning amendments, which are essentially the same as rewriting major portions of the ordinance. A total rewrite of the ordinance would be considerably more efficient, result in a more useful product, and provide benefits to the planning process, public understanding and usability of the ordinance. Mr. Ambo recommended the City Council direct staff to prepare and solicit requests for proposals for a comprehensive update and rewrite of the City's Zoning Ordinance. Councilmember Elliott stated it is time to simplify the process, and he supports rewriting the ® City's Zoning Ordinance. 7 ® MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING — AUGUST 11, 2003 Councilmember Winholtz expressed concern with the timing of this process and the funding factor. She said she would prefer to wait until the City has obligated funds for this purpose. City Attorney Robert Schultz stated this request is to solicit for a request for proposal that will take 2-3 months. Councilmember Peirce asked if this is approved, would there be a savings in staff time to recoup the money spent. Mr. Ambo responded that it would allow staff to work on more complex projects. Mayor Yates stated he supports making the zoning ordinance more consistent. Councilmember Peters stated the present ordinance is not consistent. She expressed concern with the amount of time it takes to amend the ordinance, and said she would like a timely return of the updated version. ® MOTION: Councilmember Peirce moved the City Council direct staff to prepare and solicit request for proposals for a comprehensive update and rewrite of the City's Zoning Ordinance with the goal that this entire process be completed within one year. The motion was seconded by Councilmember Peters and carried unanimously. (5-0) ►1 D-2 COUNCIL REQUEST TO DISCUSS THE APPOINTMENT OF A COUNCIL LIAISON ON EACH COMMISSION AND ADVISORY BOARD; AND CITY COUNCIL COMMUNICATION WITH EACH COMMISSION AND ADVISORY BOARD; (CITY COUNCIL) Councilmember Peters stated there are indications that some of the advisory board and commission members feel Council is unaware of or even indifferent to the work being done at the advisory group meetings. There is also a valid perception that the public does not watch the advisory meetings as regularly as Council meetings, and so is not aware of their discussion topics or decisions. The fact that these concerns exist indicates that communication should be improved in some way. Councilmember Peters suggested Council discuss and determine a method of effective communication between Council and the boards and commissions. PI ® MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING — AUGUST 11, 2003 Councilmember Elliott stated there is no way that Council participation would not have an influence on the boards and commissions. He said it is counter -productive and restricts the action of the boards and commissions. Councilmember Elliott stated he does not support this request. Councilmember Winholtz stated she supports Option 3 where reports of action taken at the advisory group meetings could be read at Council meetings by staff. Mayor Yates stated he also does not support this request. Councilmember Peirce stated he does not believe a report is necessary. He said the boards and commissions are encouraged to report to Council. Councilmember Peirce stated his experience is that the presence of a council member would influence action taken by a board or commission. MOTION: Councilmember Winholtz moved the City Council approve reports of action taken at advisory group meetings to be read at Council meetings by staff. The motion was seconded by Councilmember Peters. ® Councilmember Elliott reminded Council that they do receive the agendas and minutes of all advisory boards and commissions, and these meetings are recorded live if Council wishes to view the meetings. Councilmember Peters stated this request is to recognize and give public recognition of what the City's boards and commissions do. Councilmember Peirce stated he agrees with the concept of Option 3; however, he does not feel it is something that needs to be placed on each Council agenda. He suggested that staff inform Council of items of significance that could be announced at a Council meeting. VOTE: The motion failed with Councilmember Elliott, Councilmember Peirce and Mayor Yates voting no. (2-3) ADJOURNMENT - The meeting adjourned at 9:29 p.m. Recorded by: Bridge ® City Clerk 0 ® City of Morro Bay City Council Agenda Mission Statement The City of Morro Bay is dedicated to the preservation and enhancement of the quality of life. The City shall be committed to this purpose and will provide a level of municipal service and safety consistent with and responsive to the needs of the public. REGULAR MEETING — JULY 28, 2003 CLOSED SESSION — JULY 28, 2003 CITY HALL CONFERENCE ROOM - 4:00 P.M. 595 HARBOR ST., MORRO BAY, CA CS-1 GOVERNMENT CODE SECTION 54956.8: REAL PROPERTY TRANSACTIONS. Instructing City's Real Property Negotiator regarding the price and terms of payment for the purchase, sale, exchange, or lease of real property as to two (2) parcels: • Property: 714 Embarcadero and 781 Market Avenue Property: Embarcadero & Harbor Negotiating Parties: Hartzell Familly & City Negotiations: Purchase Terms and Conditions. IT IS NOTED THAT THE CONTENTS OF CLOSED SESSION MEETINGS ARE CONFIDENTIAL AND EXEMPT FROM DISCLOSURE. ® PUBLIC SESSION — JULY 28, 2003 VETERANS MEMORIAL HAIL - 6:00 P.M. 209 SURF ST., MORRO BAY, CA ESTABLISH QUORUM AND CALL TO ORDER MOMENT OF SILENCE PLEDGE OF ALLEGIANCE MAYOR AND COUNCILMEMBERS ANNOUNCEMENTS & PRESENTATIONS CLOSED SESSION REPORT PUBLIC COMMENT PERIOD - Members of the audience wishing to address the Council on City business matters (other than Public Hearing items under Section B) may do so at this time. To increase the effectiveness of the Public Comment Period, the following rules shall be followed: • When recognized by the Mayor, please come forward to the podium and state your name and address for the record. Comments are to be limited to three minutes. • All remarks shall be addressed to Council, as a whole, and not to any individual ® member thereof. • No person shall be permitted to make slanderous, profane or personal remarks against any elected official, commission and/or staff. COUNCIL DECLARATION OF FUTURE AGENDA ITEMS A. CONSENT CALENDAR Unless an item is pulled for separate action by the City Council, the following actions are approved without discussion. A -I APPROVAL OF MINUTES FOR THE SPECIAL AND REGULAR MEETINGS ON JULY 14, 2003; (ADMINISTRATION) RECOMMENDATION: Approve as submitted. A-2 ACCEPTANCE OF LETTER OF RESIGNATION FROM COMMUNITY PROMOTIONS MEMBER; (ADMINISTRATION) RECOMMENDATION: Accept letter of resignation from Community Promotions Committee Member Nanci Smith, and authorize the City Clerk to proceed with advertising the vacancy. 2 ® A-3 RESOLUTION NO.41-03 ESTABLISHING PARKING TIME LIMITS IN THE PUBLIC PARKING LOT AT 714 EMBARCADERO; (PUBLIC SERVICES) RECOMMENDATION: Adopt Resolution No. 41-03. A-4 AWARD OF CONTRACT FOR PROPOSAL FOR THE PRELIMINARY EVALUATION OF TWO ALTERNATIVE TREATMENT STRATEGIES AT THE MORRO BAY—CAYUCOS WASTEWATER TREATMENT PLANT; (PUBLIC SERVICES) RECOMMENDATION: Award the project contract to Cannon Associates of San Luis Obispo in the amount not to exceed $14,000. B. PUBLIC HEARINGS, REPORTS & APPEARANCES B-1 CONTINUATION OF HEARING FOR CLARIFICATION OF COUNCIL'S ACTION IN REGARD TO THE APPEAL OF APPLICANT (DAN REDDELL) FOR THE DEVELOPMENT PROJECT AT 215 HARBOR STREET; (PUBLIC SERVICES) RECOMMENDATION: Discuss and direct staff accordingly. B-2 RESOLUTION NO. 42-03 GIVING NOTICE OF INTENTION TO AMEND PERS CONTRACT (2.7% @ 55) FOR MISCELLANEOUS MEMBERS AND ONE-YEAR FINAL COMPENSATION; AND, FIRST READING AND INTRODUCTION OF ORDINANCE NO. 497 AUTHORIZING AMENDMENT; (ADMINISTRATION) RECOMMENDATION: Adopt Resolution No. 42-03; and approve Ordinance No. 497 for first reading and introduction. C. UNFINISHED BUSINESS C-1 COUNCIL CONSIDERATION ON DISCUSSION OF THE CITY TREE POLICY; (CITY COUNCIL) RECOMMENDATION: Discuss and direct staff accordingly. C-2 COUNCIL CONSIDERATION ON DISCUSSION ON UPDATING THE DESTINATION 2000 REPORT; (CITY COUNCIL) RECOMMENDATION: Discuss and direct staff accordingly. 10 ki ® C-3 COUNCIL DISCUSSION OF LIABILITY ISSUES AT 220 ATASCADERO ROAD SITE; (CITY ATTORNEY) RECOMMENDATION: Discuss and direct staff accordingly. C-4 REVIEW OF 4T" OF JULY EVENT; (CITY COUNCIL) RECOMMENDATION: Receive for information. D. NEW BUSINESS D-1 DISCUSSION ON CITY ENCROACHMENT PERMIT POLICY; (CITY COUNCIL) RECOMMENDATION: Discuss and direct staff accordingly. D-2 DISCUSSION ON THE MORRO BAY LIBRARY AND POSSIBLE REORGANIZATION; (ADMINISTRATION) RECOMMENDATION: Discuss and direct staff accordingly. D-3 APPOINTMENT OF VOTING DELEGATE AND ALTERNATE TO CALIFORNIA JOINT POWERS INSURANCE AUTHORITY; ® (ADMINISTRATION) RECOMMENDATION: Designate Council Members to represent the City as a Voting Delegate and Alternate to the California Joint Powers Insurance Authority. 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. El MINUTES - MORRO BAY CITY COUNCIL ® CLOSED SESSION — JULY 28, 2003 CITY HALL CONFERENCE ROOM - 4:00 P.M. Mayor Yates called the meeting to order at 4:00 p.m PRESENT: William Yates Mayor Dave Elliott Councilmember William Peirce Councilmember Janice Peters Councilmember Betty Winholtz Councilmember STAFF: Robert Hendrix City Manager Robert Schultz City Attorney CLOSED SESSION MOTION: Councilmember Peirce moved the meeting be adjourned to Closed Session. The motion was seconded by Councilmember Elliott and unanimously carried. (5-0) Mayor Yates read the Closed Session Statement. ® CS-1 GOVERNMENT CODE SECTION 54956.8: REAL PROPERTY TRANSACTIONS. Instructing City's Real Property Negotiator regarding the price and terms of payment for the purchase, sale, exchange, or lease of real property as to two (2) parcels: • Property: 714 Embarcadero and 781 Market Avenue • Property: Embarcadero & Harbor Negotiating Parties: Hartzell Family & City Negotiations: Purchase Terms and Conditions. The meeting adjourned to Closed Session at 4:00 p.m. and returned to regular session at 5:45 p.m. MOTION: Councilmember Peters moved the meeting be adjourned. The motion was seconded by Councilmember Winholtz and unanimously carried. (5-0) The meeting adjourned at 5:45 p.m. E MINUTES - MORRO BAY CITY COUNCIL ® REGULAR MEETING — JULY 28, 2003 VETERANS MEMORIAL HALL - 6:00 P.M. Mayor Yates called the meeting to order at 6:00 p.m. PRESENT: William Yates Dave Elliott William Peirce Janice Peters Betty Winholtz STAFF: Robert Hendrix Robert Schultz Bridgett Bauer Rick Algert Bruce Ambo Frank Cunningham John DeRohan Clyde Ganes Jeff Jones Gary Kaiser Andrea Lueker Mayor Councilmember Councilmember Councilmember Councilmember City Manager City Attorney City Clerk Harbor Director Public Services Director City Engineer Acting Police Chief Building Official Fire Chief Senior Planner Recreation & Parks Director ESTABLISH QUORUM AND CALL TO ORDER MOMENT OF SILENCE PLEDGE OF ALLEGIANCE MAYOR'S REPORTS & ANNOUNCEMENTS CLOSED SESSION REPORT - City Attorney Robert Schultz reported the City Council met in Closed Session, and no reportable action under the Brown Act was taken. PUBLIC COMMENT Norma Vaughan, representing the Morro Bay Senior Center, reviewed the activities provided at the Senior Center, and donations made to the community by the Senior Center. Ken Vesterfelt addressed the intersection of Shasta Avenue and Anchor Street stating it is difficult to see oncoming traffic from this intersection and requested the City investigate this hazardous intersection. David Nelson referred to an article in the Sun Bulletin relating to an upgrade to the wastewater treatment plant, and stated the sooner we fix it the better before it pollutes the harbor. He also expressed concern with comments made by officials in the City relating ® to various issues. E ® MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING — JULY 28, 2003 Lynda Merrill stated there were more people in opposition to the Harbor View Project who did not speak but raised their hands. She also addressed the proposed roofline of the Harbor View Project. Ms. Merrill expressed support in saving the snowy plovers. Bill Woodson referred to the RUDAT rendering and recommended the City refer to this study when researching uses for the Embarcadero/Market Avenue property. Norman Gossman expressed concern with the safety of Morro Bay's Saturday Night Farmer's Market. He recommended parking vehicles parallel at either end of the market. Mr. Gossman stated the City should do something about the used cars parked around town with "for sale" signs. Melody DeMeritt, Member of Public Works Advisory Board, thanked staff for being so helpful in her role as a Board Member. She referred to Item C-1 (Council Consideration on Discussion of the City Tree Policy) and requested this issue be forwarded to the Public Works Advisory Board for review. Ms. DeMeritt, speaking as a resident, addressed Item A-3 (Resolution No. 41-03 Establishing Parking Time Limits in the Public Parking Lot at 714 Embarcadero), and noted parking time limits will require enforcement. She also ® asked that the discussion on the tree policy include public input. Norman Reich addressed the arrangement for people with disabilities during public comment, and asked Council to consult with the City Attorney regarding the ADA requirements. Nancy Castle, Vice President of the Historical Society, announced the quarterly meeting would be held on Sunday night at the Veterans' Memorial Building. She also addressed Item C-2 (Council Consideration on Discussion on Updating the Destination 2000 Report) and requested a historical element be added to this study. Roger Ewing referred to the Closed Session item relating to the Embarcadero/Market Avenue property, and asked why discussions are still taking place in Closed Session when the City has already purchased the property. He also addressed Item A-3 stating the signage should limit parking to 3-4 hours, and with parking restrictions, there should also be enforcement. Mr. Ewing addressed Item C-3 (Council Discussion of Liability Issues at 220 Atascadero Road Site), and noted Council should consider the safety of children by adding a sprinkler system to this building. He also thanked the City Council for the contribution of bollards at Tidelands Park. e' H El MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING — JULY 28, 2003 George Contento requested Council reconsider their actions on the Harbor View Project at the last Council meeting. He said the appeal should be reconsidered because the project exceeds the height limits of the Bluff Development Standards; it violates the base zoning of Commercial Visitor -Serving; it does not comply with the Coastal Plan and Special Design Overlay; and, it is short 34 parking spaces. John Barta stated consideration should also be given to the safety of children at the BMX track next to Flippo's skating rink. He also said a large portion of homes in Morro Bay have encroachments in their front yards. Mayor Yates closed the hearing for public comment. Mayor Yates called for a break at 7:05 p.m.; the meeting resumed at 7:25 p.m. DECLARATION OF FUTURE AGENDA ITEMS Councilmember Peters requested to agendize the discussion of Roger Evey's request to use the Brannigan's building until a use for the site is determined; Councilmember Peirce agreed. A. CONSENT CALENDAR Unless an item is pulled for separate action by the City Council, the following actions are approved without discussion. A-1 APPROVAL OF MINUTES FOR THE SPECIAL AND REGULAR MEETINGS ON JULY 14, 2003; (ADMINISTRATION) RECOMMENDATION: Approve as submitted. A-2 ACCEPTANCE OF LETTER OF RESIGNATION FROM COMMUNITY PROMOTIONS MEMBER; (ADMINISTRATION) RECOMMENDATION: Accept letter of resignation from Community Promotions Committee Member Nanci Smith, and authorize the City Clerk to proceed with advertising the vacancy. A-3 RESOLUTION NO.41-03 ESTABLISHING PARKING TIME LIMITS IN THE PUBLIC PARKING LOT AT 714 EMBARCADERO; (PUBLIC SERVICES) RECOMMENDATION: Adopt Resolution No. 41-03. 0 MINUTES - MORRO BAY CITY COUNCIL ® REGULAR MEETING — JULY 28, 2003 A-4 AWARD OF CONTRACT FOR PROPOSAL FOR THE PRELIMINARY EVALUATION OF TWO ALTERNATIVE TREATMENT STRATEGIES AT THE MORRO BAY—CAYUCOS WASTEWATER TREATMENT PLANT; (PUBLIC SERVICES) RECOMMENDATION: Award the project contract to Cannon Associates of San Luis Obispo in the amount not to exceed $14,000. Councilmember Winholtz pulled Item A-2 from the Consent Calendar; Councilmember Elliott pulled Item A-3. MOTION: Councilmember Elliott moved the City Council approve the Consent Calendar with the exception of Items A-2 and A-3. The motion was seconded by Councilmember Winholtz and carried unanimously. (5-0) A-2 ACCEPTANCE OF LETTER OF RESIGNATION FROM COMMUNITY PROMOTIONS MEMBER; (ADMINISTRATION) Councilmember Winholtz stated she would like to invite applicants who applied for a ® position on the Community Promotions Committee in January to re -apply for this vacancy. City Manager Robert Hendrix responded past policy is that all vacancies are handled through advertising and receiving applications. He noted that would not preclude someone from notifying the previous applicants. Councilmember Peirce recognized Nanci Smith for her efforts on the Community Promotions Committee. MOTION: Councilmember Peirce moved the City Council approve Item A-2 of the Consent Calendar. The motion was seconded by Councilmember Elliott and carried unanimously. (5-0) A-3 RESOLUTION NO.41-03 ESTABLISHING PARKING TIME LIMITS IN THE PUBLIC PARKING LOT AT 714 EMBARCADERO; (PUBLIC SERVICES) Councilmember Elliott stated he doesn't understand why the City is proposing a time limit in this parking lot when state law already enforces a 72-hour parking limit on public streets. He said there is also an ordinance that restricts camping in public parking spaces. City Manager Robert Hendrix responded the Police Department requested this restriction be enacted in order to address overnight parking. G MINUTES - MORRO BAY CITY COUNCIL ® REGULAR MEETING — JULY 28, 2003 MOTION: Mayor Yates moved the City Council approve Item A-3 of the Consent Calendar. The motion was seconded by Councilmember Peirce and carried with Councilmember Elliott and Councilmember Winholtz voting no. (3-2) B. PUBLIC HEARINGS. REPORTS & APPEARANCES B-1 CONTINUATION OF HEARING FOR CLARIFICATION OF COUNCIL'S ACTION IN REGARD TO THE APPEAL OF APPLICANT (DAN REDDELL) FOR THE DEVELOPMENT PROJECT AT 215 HARBOR STREET; (PUBLIC SERVICES) Senior Planner Gary Kaiser stated on July 14, 2003, the City Council approved motions to deny appeals filed by George Contento and Dan Reddell, and approved the Harbor Street mixed -use project based on the conditions of approval imposed by the Planning Commission with the deletion of the phrase "but may not be limited to" in Condition 435. Based on the discussion that preceded the vote, there may have been some confusion as to whether the Council was modifying Condition #35 or deleting it entirely. Individual Council Members expressed concerns that the condition would substantially alter the ® building's architectural character, potentially have other unforeseen ramifications on useable area within the building, and that it may not accomplish much in terms of reducing bulk and scale. This is a relatively large and important project for the City and it is crucial that staff and the Planning Commission is clear as to the intent of the Council relative to these design issues. Mr. Kaiser recommended the City Council clarify and redefine their intent relative to Condition #35. 10 MOTION: Councilmember Elliott moved the City Council rescind their previous action on Condition #35. The motion was seconded by Mayor Yates and carried with Councilmember Peters and Councilmember Winholtz voting no. (3-2) Mayor Yates stated he supports removing Condition #35 in its entirety, noting he prefers a peaked roof rather than a flat roof. Councilmember Winholtz stated she supports maintaining the condition and removing the top floor from the plan. Councilmember Elliott stated he also supports removing the condition. Councilmember Peters stated the plan should include a flat roof with conditioned setbacks in order to make the architecture consistent. Fi MINUTES - MORRO BAY CITY COUNCIL ® REGULAR MEETING — JULY 28, 2003 Councilmember Peirce stated he supports the flat roof. which lends itself to the architecture. MOTION: Mayor Yates moved the City Council remove Condition #35 entirely. The motion was seconded by Councilmember Elliott and failed with Councilmember Peirce, Councilmember Peters and Councilmember Winholtz voting no. (2-3) MOTION: Councilmember Peters moved the City Council approve Condition #35 as follows: Residential square footage in Unit F shall be reduced as necessary to eliminate upper floor projections into the five-foot setback along Magilside Drive (soon to be renamed "Pelican Place"), and provide for more architectural relief along the Market Street elevation. Options for the architectural review may include an additional five-foot setback (from Market Street) for the upper floor; and/or increasing the Harbor Street setback for all levels of Unit F to that of the adjoining unit. The motion was seconded by Councilmember Peirce and carried with Councilmember Elliott and Mayor Yates voting no. (3-2) ® B-2 RESOLUTION NO. 42-03 GIVING NOTICE OF INTENTION TO AMEND PERS CONTRACT (2.7% @ 55) FOR MISCELLANEOUS MEMBERS AND ONE-YEAR FINAL COMPENSATION; AND, FIRST READING AND INTRODUCTION OF ORDINANCE NO. 497 AUTHORIZING AMENDMENT; (ADMINISTRATION) City Manager Robert Hendrix stated Resolution No. 42-03 and first reading of Ordinance No. 497 is to enact a retirement benefit provided in Section 14.9.4 and 14.9.5 of the Memorandum of Understanding between the City and the employees represented by SEIU Local 620. The City Council approved the Memorandum of Understanding on July 14, 2003 by Resolution No. 39-03. The new retirement benefit provides the employees with 2.7% of pay at age 55 for each year of service credited with the City. The current benefit is 2% at age 55. It also amends the contract to base an employee's retirement on one-year final compensation, whereas the current miscellaneous employee's retirement is based on the average of the highest three years. The new benefit will go into effect as soon as the amendment process is completed. It is also noted while the benefit was negotiated with the general employees represented by SEFU Local 620, it would apply to all regular employees except safety employees pursuant to PERS requirements. Mr. Hendrix recommended the City Council adopt Resolution No. 42-03; and approve Ordinance No. 497 for first reading and introduction. Mayor Yates opened the hearing for public comment; there being no comments, Mayor ® Yates closed the public comment hearing. 7 ® MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING — JULY 28, 2003 MOTION: Councilmember Elliott moved the City Council adopt Resolution No. 42-03 giving notice of intention to amend the Public Employee Retirement System contract (2.7% @ 55) for miscellaneous members and one-year final compensation; and, approve the first reading and introduction of Ordinance No. 497 authorizing said amendment. The motion was seconded by Councilmember Peters and carried unanimously. (5-0) City Manager Robert Hendrix read Ordinance No. 497 by number and title only. C. UNFINISHED BUSINESS C-1 COUNCIL CONSIDERATION ON DISCUSSION OF THE CITY TREE POLICY; (CITY COUNCIL) This item was requested by Mayor Yates under Future Agenda Items at the June 9, 2003 City Council meeting. Mayor Yates stated he would like to adopt a City Council policy relating to public trees ® in the City with the exception of emergency situations. He suggested this item go to Public Works Advisory Board for review and return to Council for adoption of a policy. Councilmember Elliott stated staff holds the expertise on public trees, and they should monitor this program. Councilmember Peirce stated a policy is needed; however, he would like to first receive input from an expert. Councilmember Winholtz stated she would like staffs packet information to be forwarded to the Public Works Advisory Board for review and recommendations. Councilmember Peters supports Public Works Advisory Board's review of this policy MOTION: Mayor Yates moved the City Council send the tree policy issue to the Public Works Advisory Board, along with comments from the Council, for review and recommendation. The Public Works Advisory Board is to recommend to the City Council a resolution for public tree removal policies. The motion was seconded by Councilmember Peters and carved unanimously. (5-0) N MINUTES - MORRO BAY CITY COUNCIL is REGULAR MEETING — JULY 28, 2003 C-2 COUNCIL CONSIDERATION ON DISCUSSION ON UPDATING THE DESTINATION 2000 REPORT; (CITY COUNCIL) This item was requested by Councilmember Peters under Future Agenda Items at the May 27, 2003 City Council meeting. Councilmember Peters reviewed the Destination 2000 report stating this is a good guideline, and suggested an update to this report listing future ideas for the City of Morro Bay. She said she would like to form another committee to update this report. Councilmember Winholtz suggested the update to this study include the next ten years Councilmember Peirce expressed support for an update to the Destination 2000 report. Councilmember Peters and Mayor Yates volunteered to serve on the committee. Councilmember Winholtz suggested not choosing any members from advisory boards to serve on this committee. ® MOTION: Councilmember Peters moved the City Council form a committee to establish goals for the future (date to be announced). Mayor Yates and Councilmember Peters, and two members of the Planning Commission will select the representatives on the committee. The motion was seconded by Councilmember Winholtz and carried unanimously. (5-0) E C-3 COUNCIL DISCUSSION OF LIABILITY ISSUES AT 220 ATASCADERO ROAD SITE; (CITY ATTORNEY) City Attorney Robert Schultz stated this item is on the agenda at the request of Councilmember Peters. Councilmember Peters stated she was not in favor of this project; however, if it is going to be done it should be done right. She said this is a building for the use of young children, and the potential for a fire is great because it is a big open wood building. Councilmember Peters stated fire sprinklers are essential in this building as a safety factor. She said with the financial breaks offered in the Request for Proposals, installation of fire sprinklers should be paid by the lessee. Mayor Yates stated the City Council approved $87,000 worth of improvements made to the building, and those funds would come back to the City through rent income. G'] MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING — JULY 28, 2003 Councilmember Peirce stated it is likely the tenant will want fire sprinklers since they will be carrying the insurance policy and holding the City harmless. Councilmember Elliott stated the City should take responsibility for installing fire sprinklers since this is a City facility. He also said the expenditure for fire sprinklers could be made when the City finds a viable tenant. Mayor Yates stated he supports adding fire sprinklers to the anticipated expenditures. Councilmember Winholtz agreed with the addition of fire sprinklers. MOTION: Councilmember Peters moved the City Council add the requirement of fire sprinklers to the improvements required by the City Council for the building at 220 Atascadero Road. The motion was seconded by Councilmember Elliott and carried unanimously. (5-0) C4 REVIEW OF 4T" OF JULY EVENT; (CITY COUNCIL) Councilmember Peirce stated this year's 4's of July event was a huge success, and he ® would like the City to endorse this event and continue with the tradition. C Councilmember Elliott stated this year's event was awesome and extremely beneficial to the City. He said the City should be a co-sponsor of this event and do what ever is needed to continue with the tradition. Councilmember Winholtz stated the orientation of the 4 h of July event has shifted from when it was held at the high school field as a City event. She said as the City becomes more involved in this event, its role should be placed in writing. Councihnember Peters stated she would also like to have a resolution expressing the City's intent in lending its "administrative" support. She said this event really brings that old -fashion small-town celebration to this holiday. Mayor Yates suggested the City consult with the Chamber of Commerce regarding its role in the 4`s of July event. MOTION: Councilmember Peirce moved the City Council direct staff to draft a resolution expressing support for the City's 4ei of July event. Staff is to identify responsibilities and obtain input from the Chamber of Commerce, and return the item to Council for approval. The motion was seconded by Councilmember Peters and carried unanimously. (5-0) 10 MINUTES - MORRO BAY CITY COUNCIL ® REGULAR MEETING — JULY 28, 2003 Mayor Yates called for a break at 8:55 p.m.; the meeting resumed at 9:10 p.m. D. NEW BUSINESS D-1 DISCUSSION ON CITY ENCROACHMENT PERMIT POLICY; (CITY COUNCIL) City Engineer Frank Cunningham stated at the May 27, 2003 Council meeting, a concern was expressed regarding private property owners' improvements encroaching into the public right-of-way and Council recommended it as a possible future discussion item. These improvements include landscaping, planter boxes, and retaining walls that have either pushed parking out into the street or eliminated parking completely. When the City receives a request for a special encroachment permit, the applicant is asked to submit a drawing that details the proposed improvements. City staff will make comments after a field review of the site. Comments made by staff typically include issues such as public safety and off-street parking. Public safety comments include aspects such as pedestrian and bike access, trip/fall hazards, corner sight -distance restrictions, fixed objects too close to the travel way, and driveway sight restrictions. Off-street parking comments include aspects such as accommodating if possible, a minimum of seven feet ® for parking plus another three feet of low-lying improvements to allow the passenger side door to open. If there is an existing curb and gutter or asphalt dike, then City staff will request the improvements be low enough behind the curb for walking and the passenger car door opening space. The problem is not typically the process, but the fact that most property owners do not contact the City when they contemplate frontage improvements. Many of our special encroachment permits. are after -the -fact or submitted during construction. Mr. Cunningham stated the Planning Commission has also asked to have a discussion agendized on the issue of community paths versus sidewalks in residential areas, and possible options for installing curb, gutter and sidewalks in these areas. This is tentatively scheduled for the August 4a' Planning Commission meeting. Councilmember Elliott stated there are public encroachments throughout the City that cause lack of off-street parking. He said in the future, the City would be required to provide denser construction that will require more off-street parking. Councilmember Elliott stated the City could provide a special encroachment permit for parking purposes only. Councilmember Winholtz asked if the Public Works Advisory Board has reviewed this issue; and if not, she would like for them to review encroachments throughout the City along with obtaining public input. Councilmember Peirce stated this also seems to be a code enforcement issue. He said he ® agrees that the Public Works Advisory Board reviews this issue. 11 ® MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING — JULY 28, 2003 Mayor Yates concurred that the Public Works Advisory Board should review this issue. Councilmember Peters stated now that this issue has been recognized it can't be ignored. She agreed the Public Works Advisory Board should review this issue. Councilmember Peters also suggested the City send a notice in the water bills regarding encroachments and the permit process. MOTION: Councilmember Peirce moved the City Council send the City Encroachment Permit Policy to the Public Works Advisory Board for study and recommendation to Council. The City Council also requests a legal opinion on the adequacy and effectiveness of the present encroachment policy documents. The motion was seconded by Councilmember Peters and carried unanimously. (5-0) D-2 DISCUSSION ON THE MORRO BAY LIBRARY AND POSSIBLE REORGANIZATION; (ADMINISTRATION) City Manager Robert Hendrix stated on April 28, 2003, the City Council requested a ® report on the feasibility of separating the Morro Bay Branch Library from the County Library System and creating a separate, independent, library operated by the City. A review of issues related to library reorganization show that the law provides for this kind of change. The financial impact of such a change on the City would be significant. The issues surrounding such a change are sufficiently complex to warrant considerable analysis before going further. Beyond fiscal issues, strategic, personnel and facility issues are also involved. These issues should be identified, fully analyzed and resolved before any reorganization takes place. Mr. Hendrix recommended the City Council determine if sufficient revenue can be raised to fund the new costs associated with an independent library. Should the City Council determine that revenue can be made available and that further study of the issue is warranted, it is recommended that staff be directed to engage a consultant for the purpose of completing a thorough analysis of the various issues and describing a plan associated with library reorganization. In the alternative, should the City Council determine that revenue would not be made available, it is recommended that no further analysis be done. Councilmember Elliott stated his intention for bringing forth this issue was to be able to provide sufficient hours to keep the library open at least six days per week, and provide better service to the community. Brian Reynolds, County Library System, stated volunteers supplement County libraries heavily. He said the library could enhance services with the City's financial support. 12 MINUTES - MORRO BAY CITY COUNCIL ® REGULAR MEETING — JULY 28, 2003 MOTION: Councilmember Elliott moved the City Council direct staff to discuss with the City/County Library Administration, the cost to bring library hours up to six days per week, and report back to Council. The motion was seconded by Councilmember Peirce and carried unanimously. (5-0) D-3 APPOINTMENT OF VOTING DELEGATE AND ALTERNATE TO CALIFORNIA JOINT POWERS INSURANCE AUTHORITY; (ADMINISTRATION) City Manager Robert Hendrix stated at the June 23, 2003 meeting, the City Council adopted Resolution No. 38-03 approving City membership in the California Joint Powers Insurance Authority (CJPIA). The rules of this Joint Powers Agency call for each member agency to appoint a member of its governing body to serve as a representative on the CJPIA Board of Directors. The CJPIA also calls for member agency staff to serve as alternates. The full Board of Directors meets once a year in July to elect officers and review claims experience. Mr. Hendrix recommended the City Council appoint one of its members as the official representative of the City of Morro Bay on the CJPIA, and appoint the City Manager, City Attorney and Finance Director as alternates. ® MOTION: Councilmember Peirce moved the City Council appoint Mayor Yates as the official delegate of the City of Morro Bay to the California Joint Powers Insurance Authority. The City Manager, City Attorney and Finance Director are appointed as alternates. The motion was seconded by Councilmember Peters and carried unanimously. (5-0) ADJOURNMENT The meeting adjourned at 10:00 p.m. Recorded b}y}: Bridgett Bauer City Clerk 13 City of Morro Bay City Council Agenda Mission Statement The City of Morro Bay is dedicated to the preservation and enhancement of the quality of life. The City shall be committed to this purpose and will provide a level of municipal service and safety consistent with and responsive to the needs of the public REGULAR MEETING — JULY 14, 2003 CLOSED SESSION — JULY 14, 2003 CITY HALL CONFERENCE ROOM - 4:00 P.M. 595 HARBOR ST., MORRO BAY, CA CS-1 GOVERNMENT CODE SECTION 54956.8: REAL PROPERTY TRANSACTIONS. Instructing City's Real Property Negotiator regarding the price and terms of payment for the purchase, sale, exchange, or lease of real ® property as to two (2) parcels. Property: Embarcadero & Harbor Ne otg iating_Parties: Hartzell Family & City Negotiations: Purchase Terms and Conditions. Pro e : 950/960 Napa Avenue Negotiatine Parties: John and Miriam Lein and the City of Morro Bay Negotiations: Voluntary Purchase and Sale. IT IS NOTED THAT THE CONTENTS OF CLOSED SESSION MEETINGS ARE CONFIDENTIAL AND EXEMPT FROM DISCLOSURE. PUBLIC SESSION — JULY 14, 2003 VETERANS MEMORIAL HALL ® 209 SURF ST., MORRO BAY, CA JOINT MEETING WITH THE PUBLIC WORKS ADVISORY BOARD - 5:00 P.M. REGULAR CITY COUNCIL MEETING — 6:00 P.M. ESTABLISH QUORUM AND CALL TO ORDER MOMENT OF SILENCE PLEDGE OF ALLEGIANCE MAYOR AND COUNCILMEMBERS ANNOUNCEMENTS & PRESENTATIONS CLOSED SESSION REPORT PUBLIC COMMENT PERIOD - Members of the audience wishing to address the Council on City business matters (other than Public Hearing items under Section B) may do so at this time. To increase the effectiveness of the Public Comment Period, the following rules shall be followed: ® • When recognized by the Mayor, please come forward to the podium and state your name and address for the record. Comments are to be limited to three minutes. • All remarks shall be addressed to Council, as a whole, and not to any individual member thereof. • No person shall be permitted to make slanderous, profane or personal remarks against any elected official, commission and/or staff. COUNCIL DECLARATION OF FUTURE AGENDA ITEMS A. CONSENT CALENDAR Unless an item is pulled for separate action by the City Council, the following actions are approved without discussion. A -I APPROVAL OF MINUTES FOR THE REGULAR MEETING ON JUNE 23, 2003; (ADMINISTRATION) RECOMMENDATION: Approve as submitted. A-2 RESOLUTION NO. 39-03 APPROVING THE MEMORANDUM OF UNDERSTANDING BETWEEN SEIU (GENERAL EMPLOYEES) AND THE ® CITY OF MORRO BAY, JULY 2003 - JUNE 2006; (ADMINISTRATION) RECOMMENDATION: Adopt Resolution No. 39-03. 2 A-3 STATUS REPORT ON DOCUMENT MANAGEMENT SOFTWARE FOR ® CATALOGING CITY DOCUMENTS; (ADMINISTRATION) RECOMMENDATION: Receive for information. A-4 RESOLUTION NO.40-03 AUTHORIZING AND SUPPORTING THE MORRO BAY POLICE DEPARTMENT AND CALIFORNIA HIGHWAY PATROL TO ENTER INTO AN AGREEMENT FOR COMBINED EFFORTS IN CONDUCTING A DRIVING UNDER THE INFLUENCE (DUI) TRAFFIC SAFETY PROJECT; (POLICE) RECOMMENDATION: Adopt Resolution No. 40-03. A-5 PROCLAMATION DECLARING JULY AS "RECREATION AND PARKS MONTH"; (RECREATION & PARKS) RECOMMENDATION: Adopt Proclamation. B. PUBLIC HEARINGS, REPORTS & APPEARANCES B-I PUBLIC HEARING TO CONSIDER APPEALS FILED BY THE PROJECT PROPONENT AND NEIGHBORING PROPERTY OWNER OF THE PLANNING COMMISSION'S DECISION TO CONDITIONALLY APPROVE A DEVELOPMENT PROJECT AT 215 HARBOR STREET; (PUBLIC ® SERVICES) RECOMMENDATION: Uphold the decision made by the Planning Commission, and deny both appeals. C. UNFINISHED BUSINESS C-I MORRO BAY PUBLIC ART FOUNDATION REQUEST FOR FUNDING FOR LIGHT BOLLARDS ASSOCIATED WITH PROPOSED TIDELANDS PARK STAGE; (RECREATION & PARKS) RECOMMENDATION: Discuss and direct staff accordingly. C-2 COUNCIL CONSIDERATION ON DISCUSSION OF DIAL -A -RIDE SERVICE; (CITY COUNCIL) RECOMMENDATION: Discuss and direct staff accordingly. C-3 COUNCIL CONSIDERATION ON DISCUSSION OF THE CITY TREE POLICY; (CITY COUNCIL) ® RECOMMENDATION: Discuss and direct staff accordingly. 3 C4 COUNCIL CONSIDERATION ON DISCUSSION ON UPDATING THE DESTINATION 2000 REPORT; (CITY COUNCIL) ® RECOMMENDATION D. NEW BUSINESS Discuss and direct staff accordingly. D-I RESOLUTION NO. 41-03 OF NORTH MAIN STREET AREA ZONING AMENDMENTS TO BUILDING HEIGHT REGULATIONS; (PUBLIC SERVICES) RECOMMENDATION: Adopt Resolution No. 41-03. D-2 COUNCIL DISCUSSION OF LIABILITY ISSUES AT 220 ATASCADERO ROAD SITE; (ADMINISTRATION) RECOMMENDATION: Discuss and direct staff accordingly. D-3 DESIGNATION OF VOTING DELEGATE FOR 2003 LEAGUE OF CALIFORNIA CITIES CONFERENCE, AND CANCELLATION OF THE SEPTEMBER 8, 2003 CITY COUNCIL MEETING; (ADMINISTRATION) RECOMMENDATION: Designate a Council Member or designee to represent the City as a Voting Delegate at the League of California Cities Annual Conference; ® and, cancel the September 8, 2003 City Council meeting. D-4 REVIEW OF 4TH OF JULY EVENT RECOMMENDATION: Receive for information. E. ADJOURNMENT THIS AGENDA IS SUBJECT TO AMENDMENT UP TO 72 HOURS PRIOR TO THE DATE AND TIME SET- FOR THE MEETING. PLEASE REFER TO THE AGENDA POSTED AT CITY HALL FOR ANY REVISIONS OR CALL THE CLERK'S OFFICE AT 772-6200 FOR FURTHER INFORMATION. COPIES OF STAFF REPORTS OR OTHER PUBLIC DOCUMENTATION RELATING TO EACH ITEM OF BUSINESS REFERRED TO ON THIS AGENDA ARE ON FILE IN THE OFFICE OF THE CITY CLERK AND AVAILABLE FOR PUBLIC INSPECTION AND REPRODUCTION AT COST AT CITY HALL, LIBRARY, AND MILLS STATIONERY. IN COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT, IF YOU NEED SPECIAL ASSISTANCE TO PARTICIPATE IN A CITY MEETING, PLEASE CONTACT THE CITY CLERK'S OFFICE AT LEAST 24 HOURS ® PRIOR TO THE MEETING TO INSURE THAT REASONABLE ARRANGEMENTS CAN BE MADE TO PROVIDE ACCESSIBILITY TO THE MEETING. 4 ® MINUTES - MORRO BAY CITY COUNCIL CLOSED SESSION —JULY 14, 2003 CITY HALL CONFERENCE ROOM - 4:00 P.M. Mayor Yates called the meeting to order at 4:08 p.m PRESENT: William Yates Mayor Dave Elliott Councilmember William Peirce Councilmember Janice Peters Councilmember Betty Winholtz Councilmember STAFF: Robert Hendrix City Manager Robert Schultz City Attorney CLOSED SESSION MOTION: Councilmember Peirce moved the meeting be adjourned to Closed Session. The motion was seconded by Councilmember Peters and unanimously carried. (5-0) Mayor Yates read the Closed Session Statement. ® CS-1 GOVERNMENT CODE SECTION 54956.8: REAL PROPERTY TRANSACTIONS. Instructing City's Real Property Negotiator regarding the price and terms of payment for the purchase, sale, exchange, or lease of real property as to two (2) parcels. • Pro : Embarcadero & Harbor Negotiating Parties: Hartzell Family & City Negotiations: Purchase Terms and Conditions. • Property: 950/960 Napa Avenue Negotiating Parties: John and Miriam Lein and the City of Morro Bay Negotiations: Voluntary Purchase and Sale. The meeting adjourned to Closed Session at 4:08 p.m. and returned to regular session at 4:55 p.m. MOTION: Councilmember Peters moved the meeting be adjourned. The motion was seconded by Councilmember Peirce and unanimously carried. (5-0) The meeting adjourned at 4:55 p.m. ® MINUTES — JOINT MORRO BAY CITY COUNCIL/ PUBLIC WORKS ADVISORY BOARD MEETING JULY 14, 2003 — 5:00 P.M. VETERANS MEMORIAL HALL Mayor Yates called the meeting to order at 5:00 p.m. PRESENT: William Yates Mayor Dave Elliott Councilmember William Peirce Councilmember Janice Peters Councilmember Betty Winholtz Councilmember John Lemons Chairman Melody DeMeritt Board Member Nancy Johnson Board Member Vicki Landis Board Member Bill Olson Board Member Bill Ullum Board Member ABSENT: Bill Woodson Board Member STAFF: Robert Hendrix City Manager Robert Schultz ® City Attorney Bridgett Bauer City Clerk Bruce Ambo Public Services Director Bill Boucher Special Projects Manager Melody DeMeritt addressed communication issues between the Public Works Advisory Board and the City Council. She asked how Public Works Advisory Board Members could best communicate with the City Council. Vicki Landis stated Public Works Advisory Board motions are not guaranteed to move forward. She suggested the City Council openly declare motions made by various advisory bodies at their meetings. Bill Olson had no comment. John Lemons stated he has no problem with the current communications with staff and/or the City Council. Nancy Johnson stated she understands her role as an advisory board member. She said staff has done a good job at informing the board. E ® Bill Ullum stated there should be a consensus of the Board on what goes to the City Council. The City Council responded to the issues raised by the Public Works Advisory Board. Council stated they are always available to the advisory boards, and also suggested the Board communicate via e-mail. No action was taken at this meeting. The meeting adjourned at 5:45 p.m. C DI 3 11 El Ell MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING — JULY 14, 2003 VETERANS MEMORIAL HALL - 6:00 P.M. Mayor Yates called the meeting to order at 6:00 p.m. PRESENT: William Yates Mayor Dave Elliott Councilmember William Peirce Councilmember Janice Peters Councilmember Betty Winholtz Councilmember STAFF: Robert Hendrix Robert Schultz Bridgett Bauer Rick Algert Bruce Ambo Julie Hawkins Jeff Jones Gary Kaiser Jim Koser Joe Loven ESTABLISH QUORUM AND CALL TO ORDER MOMENT OF SILENCE PLEDGE OF ALLEGIANCE City Manager City Attorney City Clerk Harbor Director Public Services Director Planning Intern Fire Chief Senior Planner Finance Director Police Chief MAYOR'S REPORTS & ANNOUNCEMENTS CLOSED SESSION REPORT - City Attorney Robert Schultz reported the City Council met in Closed Session, and no reportable action under the Brown Act was taken. PUBLIC COMMENT Kim Kimball, Executive Director for the Chamber of Commerce, stated the 4`" of July festivities happen with the help of many volunteers. She said 84% of the funds received for the 4c' of July event are from individuals. Roger Evey also thanked those who helped with the 4 h of July event. Juliana Epperly stated she has no children; however, her dogs are her family. She said she should be allowed to walk her dogs on the beach. Dannie Rodgers -Tope stated the trolleys were well used over the 4ih of July weekend. She also expressed support for the Harbor View project. Ms. Tope stated the restrictions set by State Parks relating to the snowy plovers should be stopped. 0 ® MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING —JULY 14, 2003 Stan House expressed support for Item C-1 (Morro Bay Public Art Foundation Request for Funding for Light Bollards Associated with Proposed Tidelands Park Stage). Dorothy Cutter stated the snowy plovers should be protected. Norman Reich requested the bike lanes on North Morro Bay be reconsidered. He said there are very few cars that park along North Main Street. Lynda Merrill recommended people read the articles on the snowy plovers. Paul Twedt thanked those who made the 4's of July event happen and requested everyone keep the dream of future events alive. Art Stansbury addressed Item D-1 (Resolution No. 41-03 of North Main Street Area Zoning Amendments to Building Height Regulations), and asked if it would affect the height limit in the beach tract. ® Mayor Yates closed the hearing for public comment. DECLARATION OF FUTURE AGENDA ITEMS Councilmember Peters requested to agendize the discussion of appointing a Council liaison on each commission and advisory board; and also discuss communications with each commission and advisory board. A. CONSENT CALENDAR Unless an item is pulled for separate action by the City Council, the following actions are approved without discussion. A -I APPROVAL OF MINUTES FOR THE REGULAR MEETING ON JUNE 23, 2003; (ADMINISTRATION) RECOMMENDATION: Approve as submitted. A-2 RESOLUTION NO. 39-03 APPROVING THE MEMORANDUM OF UNDERSTANDING BETWEEN SEIU (GENERAL EMPLOYEES) AND THE CITY OF MORRO BAY, JULY 2003 - JUNE 2006; (ADMINISTRATION) RECOMMENDATION: Adopt Resolution No. 39-03. E 5 ® MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING — JULY 14, 2003 A-3 STATUS REPORT ON DOCUMENT MANAGEMENT SOFTWARE FOR CATALOGING CITY DOCUMENTS; (ADMINISTRATION) RECOMMENDATION: Receive for information. A-4 RESOLUTION NO. 40-03 AUTHORIZING AND SUPPORTING THE MORRO BAY POLICE DEPARTMENT AND CALIFORNIA HIGHWAY PATROL TO ENTER INTO AN AGREEMENT FOR COMBINED EFFORTS IN CONDUCTING A DRIVING UNDER THE INFLUENCE (DUI) TRAFFIC SAFETY PROJECT; (POLICE) RECOMMENDATION: Adopt Resolution No. 40-03. A-5 PROCLAMATION DECLARING JULY AS "RECREATION AND PARKS MONTH"; (RECREATION & PARKS) RECOMMENDATION: Adopt Proclamation. ® Councilmember Elliott pulled Item A-1 from the Consent Calendar. MOTION: Councilmember Peirce moved the City Council approve the Consent Calendar with the exception of Item A-1. The motion was seconded by Councilmember Peters and carried unanimously. (5-0) A-1 APPROVAL OF MINUTES FOR THE REGULAR MEETING ON JUNE 23, 2003; (ADMINISTRATION) Councilmember Elliott addressed a correction to his comment on page 9, 7 h paragraph; Councilmember Peters also addressed amendments to page 9, paragraph 3 as well as the following motion, and page 11, last paragraph. MOTION: Councilmember Elliott moved the City Council approve Item A-1 as amended. The motion was seconded by Councilmember Peters and carried unanimously. (5-0) Mayor Yates called for a break at 6:39 p.m.; the meeting resumed at 7:00 p.m. a] 51 ® MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING — JULY 14, 2003 B. PUBLIC HEARINGS. REPORTS & APPEARANCES B-1 PUBLIC HEARING TO CONSIDER APPEALS FILED BY THE PROJECT PROPONENT AND NEIGHBORING PROPERTY OWNER OF THE PLANNING COMMISSION'S DECISION TO CONDITIONALLY APPROVE A DEVELOPMENT PROJECT AT 215 HARBOR STREET; (PUBLIC SERVICES) Senior Planner Gary Kaiser stated after three public hearings, the Planning Commission majority made required findings and conceptually approved the Tentative Tract Map, Conditional Use Permit and Coastal Development Permit applications for the development proposed at 215 Harbor Street. The approvals would allow the applicant to return to the Planning Commission for approval of exterior details, as conditioned, and then proceed into plan check for the construction of a mixed -use development. Mr. Kaiser stated both the project proponent and neighboring property owner filed appeals of the Planning Commission's conditional approval of a three and four story mixed -use development on the north side of Harbor Street, between Market and Front Streets. The project proponent is dissatisfied with conditions imposed by the Planning Commission, and the neighboring property owner is dissatisfied that the project was approved at all, even with added ® conditions. Mr. Kaiser recommended the City Council receive public comment, and uphold the decision of the Planning Commission and deny both appeals. George Contento, appellant, stated this proposed project is in violation of many codes, and should be stopped. He reviewed the grounds of his appeal as follows: 1) this project violates the bluff development standards; 2) it has only 26.5% commercial space in a CVS zone; 3) public benefits are not "greater than normal" to trigger Planned Development Overlay; 4) it violates the Coastal Plan and Special Design Criteria; and 5) there is significant and substantial evidence that the project may have a significant impact on the environment. William Walter, attorney, stated he represents the project applicant regarding the appeal filed by project opponents. He said the staff report convincingly demonstrates the reasons why the appeal must be denied, and that there is no substantial evidence to uphold the appeal. Mr. Walter stated the proposed project does not violate the bluff development standards; it is consistent with building height standards; and it achieves an appropriate and allowable ratio of commercial space and residential space. He said the appeal of the approval of the project is based upon a misconception regarding the purposes of Planned Development Overlay Zoning. Mr. Walter stated the public benefits from the project include cohesive development and design advancing community goals and policies, with exemplary site design and architecture that is creative and interesting, under -grounding of utilities, and economic benefits that clearly and convincingly demonstrate greater than ® normal public benefits to justify a PD project. 7 ® MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING — JULY 14, 2003 Cathy Novak stated she represents the applicant in his appeal to Condition 935. She said the applicant's three areas of concern for this condition are: 1) the increase in setbacks of the upper floors along Market Street; 2) the increase of the Harbor Street setback for all levels of Unit F to 18 feet, equaling that of Unit E; and 3) the requirement that all roofs are not designed for use as a deck, using a pitched roof rather than flat. Ms. Novak stated overall this project supports numerous City land use policies, such as variations in architecture, greater open space and landscaping buffers around the project, street improvements, innovative concepts of commercial/residential use, and increased pedestrian friendly access. The applicant feels this project will enhance the small town character and our sense of community by creating an exciting new connection between the waterfront and Old Town. Mayor Yates called for a break at 8:06 p.m.; the meeting resumed at 8:20 p.m. Mayor Yates opened the hearing for public comment. The following people expressed support for the Harbor View Project: Kim Kimball speaking for the Chamber of Commerce Executive Board, Ken Vesterfelt, Jack Hansen, Matt Gullage, Stan House, Mel Queen, Gail Queen, Rodger Anderson, Bruce Elster, Sandy ® Bisbeyart, Chris Bath, Betty Field -Haley, Mike Luhan, George Leage, John Lay, Jane Beaman, Gary Gillman, Jean Letsinger, Jack Barrett and Asha Anderson. The following people expressed opposition to the Harbor View Project: Roger Smiley, Ray McKelligott, Dorothy Cutter, Brenda Smiley, Chris James, Michelle Hawkis, Antonio Mora, Marjorie Laird, Tish Ted, Nelson Sullivan, Barry Dorfman, Jerry Mullen, Bob Tefft, Betty Wanger, Steve Eckles, Jim Ross, John Bafford, Michael Foster, Jean Hartzell, Bob Luellyn, Jane Masterson, Art Stansbury, and Roy Kline. Mayor Yates closed the public comment hearing. Dan Reddell, applicant/appellant, stated he is proposing a mixed -use commercial building that will provide a conduit for visitors and the community. He asked Council to allow the architect who created the plans to bring his vision to the community. George Contento, appellant, stated this project is anti -business. He said tourists do not come to Morro Bay to see a project such as this. Mr. Contento stated the bluff development standards protect the atmosphere over the heart of Morro Bay. Mayor Yates called for a break at 9:28 p.m.; the meeting resumed at 9:45 p.m. C ® MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING — JULY 14, 2003 Councilmember Winholtz stated it appears that visitor serving and visual resources are the two issues of the General Plan that are being violated by this project. She said the ratio of visitor serving use does not meet the 50-50 ratios. Councilmember Winholtz stated the under grounding of utilities is not considered a greater than normal benefit because it is a requirement. She said the mixed -use compatibility, visual resource, and visitor -serving percentages are all legal reasons to deny this project. Councilmember Peters stated the zoning code indicates the PD overlay shall not be used to alter the primary zoning of the property which is commercial -visitor serving. She said the visual resources policy says the scenic and visual qualities of coastal areas shall be considered and protected as a resource of public importance to be visually compatible with the character of the surrounding areas. Councilmember Peters stated the General Plan/Local Coastal Plan states the City should do everything it possibly can to maintain the "fishing village" atmosphere and balance the mixture of land uses on the Embarcadero. She said this project does not represent the "fishing village" environment of this community. Councilmember Peters stated she would like to see this project in an appropriate scale and design for this community. She said this is prime property that could afford perhaps two stories of retail business or smaller apartments above retail businesses. ® Mayor Yates stated he is a supporter of landowners and their property rights. He said ultimately this project would go before the Coastal Commission for approval. Mayor Yates stated he is going to vote in support of the project because there is public benefit, and it is legal. u Councilmember Elliott stated density and height issues have been a focus on the Central Coast by the State Department of Housing and Community Development for quite some time. He said criteria should be established and applied to all projects within the City. Councilmember Elliott stated he supports the project and staffs recommendation to uphold the Planning Commission's approval. Councilmember Peirce stated this project appears to fit the requirements. Councilmember Winholtz asked where affordable housing was being offered by this project. She said the economics is not offering any greater than public benefits. Councilmember Peters stated this project should provide more commercial visitor -serving use and/or more rental units to provide housing to provide greater public benefit. Z ® MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING — JULY 14, 2003 MOTION: Councilmember Peters moved to uphold the appeal, and request the applicant to return with a more suitable project that will provide greater public benefit. The motion was seconded by Councilmember Winholtz and failed with Councilmember Elliott, Councilmember Peirce and Mayor Yates voting no. (2-3) MOTION: Mayor Yates moved the City Council uphold the Planning Commission decision and deny the appeal filed by the neighboring property owner. The motion was seconded by Councilmember Elliott and carried with Councilmember Peters and Councilmember Winholtz voting no. (3-2) The Council addressed the applicant's appeal on Condition 435 set by the Planning Commission. Councilmember Winholtz stated she supports the Planning Commission in creating some sense of compatibility with the neighborhood. Councilmember Peters agreed with Councilmember Winholtz. ® Mayor Yates recommended removing the words "but may not be limited to" from Condition #35. 1 Councilmember Elliott stated he supports granting the appeal. MOTION: Councilmember Elliott moved the City Council grant the appeal with the removal of Condition #35. The motion died for a lack of a second. MOTION: Councilmember Peters moved the City Council uphold the Planning Commission decision. The motion died for a lack of a second. MOTION: Mayor Yates moved the City Council uphold the Planning Commission approval with an amendment to Condition #35 removing the words "but may not be limited to". The motion was seconded by Councilmember Peters and carried with Councilmember Winholtz voting no. (4-1) 10 ® MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING — JULY 14, 2003 C. UNFINISHED BUSINESS C-I MORRO BAY PUBLIC ART FOUNDATION REQUEST FOR FUNDING FOR LIGHT BOLLARDS ASSOCIATED WITH PROPOSED TIDELANDS PARK STAGE; (RECREATION & PARKS) MOTION: Councilmember Peirce moved the City Council approve the purchase of three light bollards for Tidelands Park, and direct staff to return to Council with a source of funding. The motion was seconded by Councilmember Peters and carried unanimously. (5-0) C-2 COUNCIL CONSIDERATION ON DISCUSSION OF DIAL -A -RIDE SERVICE; (CITY COUNCIL) This item was pulled from the agenda. C-3 COUNCIL CONSIDERATION ON DISCUSSION OF THE CITY TREE POLICY; (CITY COUNCIL) OThis item was continued to the July 28, 2003 City Council meeting. C-4 COUNCIL CONSIDERATION ON DISCUSSION ON UPDATING THE DESTINATION 2000 REPORT; (CITY COUNCIL) This item was continued to the July 28, 2003 City Council meeting. D. NEW BUSINESS D-I RESOLUTION NO. 41-03 OF NORTH MAIN STREET AREA ZONING AMENDMENTS TO BUILDING HEIGHT REGULATIONS; (PUBLIC SERVICES) This item was pulled from the agenda. D-2 COUNCIL DISCUSSION OF LIABILITY ISSUES AT 220 ATASCADERO ROAD SITE; (ADMINISTRATION) This item was continued to the July 28, 2003 City Council meeting. a] I ® MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING —JULY 14, 2003 D-3 DESIGNATION OF VOTING DELEGATE FOR 2003 LEAGUE OF CALIFORNIA CITIES CONFERENCE, AND CANCELLATION OF THE SEPTEMBER 8, 2003 CITY COUNCIL MEETING; (ADMINISTRATION) MOTION: Councilmember Winholtz moved the City Council appoint Mayor Yates to serve as voting delegate at the League of California Cities Annual Conference; and not cancel the September 8, 2003 City Council meeting. The motion was seconded by Councilmember Peters and failed with Councilmember Elliott, Councilmember Peirce and Mayor Yates voting no. (2-3) MOTION: Councilmember Peters moved the City Council go beyond the 11:00 p.m. rule. The motion was seconded by Mayor Yates and carved unanimously. (5-0) MOTION: Councilmember Elliott moved the City Council designate Mayor Yates as the voting delegate for the League of California Cities Annual Conference, and cancel the September 8, 2003 City Council meeting. The motion was seconded by Councilmember Peirce and carried with Councilmember ® Winholtz voting no. (4-1) D-4 REVIEW OF 4TH OF JULY EVENT This item was continued to the July 28, 2003 City Council meeting. nrarellmkli•1zo The meeting adjourned at 11:07 p.m. Recorded by: Bridgett Bauer City Clerk Ell 12 o City of Morro Bay City Council Agenda Mission Statement The City of Morro Bay is dedicated to the preservation and enhancement of the quality of life. The City shall be committed to this purpose and will provide a level of municipal service and safety consistent with and responsive to the needs of the public. REGULAR MEETING — JUNE 23, 2003 CLOSED SESSION — JUNE 23, 2003 CITY HALL CONFERENCE ROOM - 5:00 P.M. 595 HARBOR ST., MORRO BAY, CA CS-1 GOVERNMENT CODE SECTION 54957.6, CONFERENCE WITH ® LABOR NEGOTIATOR. Conference with the City Manager, the City's Designated Representative, for the purpose of reviewing the City's position regarding salaries, salary schedules, or compensation paid in the form of fringe benefits, and giving instruction to the Designated Representative. CS-2 GOVERNMENT CODE SECTION 54956.9(B): CONFERENCE WITH LEGAL COUNSEL DUE TO ANTICIPATED LITIGATION. Significant exposure to litigation exists based upon existing facts and the advice of legal counsel as to one (1) matter: • Crabtree vs. City of Morro Bay. CS-3 GOVERNMENT CODE SECTION 54956.8: REAL PROPERTY TRANSACTIONS. Instructing City's Real Property Negotiator regarding the price and terms of payment for the purchase, sale, exchange, or lease of real property as to one (1) parcel. • Property: Lease site 30W- 33W Negotiating Parties: Jay and Mereline Coakley (Morro Bay Fuel Dock), and the City Negotiations: Lease Terms and Conditions. ® IT IS NOTED THAT THE CONTENTS OF CLOSED SESSION MEETINGS ARE CONFIDENTIAL AND EXEMPT FROM DISCLOSURE. ® PUBLIC SESSION — JUNE 23, 2003 VETERANS MEMORIAL HALL - 6:00 P.M. 209 SURF ST., MORRO BAY, CA ESTABLISH QUORUM AND CALL TO ORDER MOMENT OF SILENCE PLEDGE OF ALLEGIANCE MAYOR AND COUNCILMEMBERS ANNOUNCEMENTS & PRESENTATIONS CLOSED SESSION REPORT PUBLIC COMMENT PERIOD - Members of the audience wishing to address the Council on City business matters (other than Public Hearing items under Section B) may do so at this time. To increase the effectiveness of the Public Comment Period, the following rules shall be followed: • When recognized by the Mayor, please come forward to the podium and state your name and address for the record. Comments are to be limited to three minutes. • All remarks shall be addressed to Council, as a whole, and not to any individual member thereof. • No person shall be permitted to make slanderous, profane or personal remarks against any elected official, commission and/or staff. COUNCIL DECLARATION OF FUTURE AGENDA ITEMS A. CONSENT CALENDAR Unless an item is pulled for separate action by the City Council, the following actions are approved without discussion. A -I APPROVAL OF MINUTES FOR THE REGULAR MEETING ON JUNE 9, 2003; (ADMINISTRATION) RECOMMENDATION: Approve as submitted. A-2 STATEMENT OF CASH & INVESTMENTS — MAY 2003: (FINANCE) RECOMMENDATION: Receive for information. A-3 RESOLUTION NO. 37-03 APPROVING PUBLIC RESTROOM RENT CREDIT ON LEASE AGREEMENT FOR LEASE SITES 93-95/93W-95W LOCATED AT 901 EMBARCADERO; (HARBOR) ® RECOMMENDATION: Adopt Resolution No. 37-03. 2 A-4 RESOLUTION NO. 38-03 APPROVING MEMBERSHIP IN CALIFORNIA JOINT POWERS INSURANCE AUTHORITY; (FINANCE) RECOMMENDATION: Adopt Resolution No. 38-03. B. PUBLIC HEARINGS. REPORTS & APPEARANCES B-1 CONSIDERATION OF CONCEPT PLAN TO ALLOW TWO MARINE - RELATED USES AT 501 EMBARCADERO; (PUBLIC SERVICES) RECOMMENDATION: Approve the Concept Plan for Conditional Use Permit No. 07-03 based on the rmdings and conditions adopted by the Planning Commission. B-2 RESOLUTION NO. 35-03 DIRECTING THE LEVY OF THE ANNUAL ASSESSMENT FOR THE CLOISTERS PARK AND OPEN SPACE LANDSCAPING AND LIGHTING MAINTENANCE ASSESSMENT DISTRICT; (RECREATION & PARKS) RECOMMENDATION: Adopt Resolution No. 35-03. B-3 RESOLUTION NO. 36-03 DIRECTING THE LEVY OF THE ANNUAL ASSESSMENT FOR THE NORTH POINT NATURAL AREA LANDSCAPING ® AND LIGHTING MAINTENANCE ASSESSMENT DISTRICT; (RECREATION & PARKS) RECOMMENDATION: Adopt Resolution No. 36-03. C. UNFINISHED BUSINESS C-I REVIEW OF REQUEST FOR PROPOSAL TO RE -OPEN THE BUILDING AT 220 ATASCADERO ROAD AS A SKATING RINK, AND CONSIDERATION OF COST ESTIMATE FOR RENOVATION AND REPAIR OF THE BUILDING; (ADMINISTRATION) RECOMMENDATION: Discuss and direct staff accordingly. C-2 UPDATE ON RESEARCH OF SOFTWARE FOR CATALOGING CITY DOCUMENTS; (ADMINISTRATION) RECOMMENDATION: Receive for information. 11 3 C-3 STATUS REPORT ON REHABILITATION OF ORIGINAL CITY TROLLEY; ® (ADMINISTRATION) RECOMMENDATION: Provide direction to staff regarding the refurbishment of the 1985 trolley, and allocate appropriate funding as necessary. D. NEW BUSINESS D-1 MORRO BAY PUBLIC ART FOUNDATION REQUEST FOR FUNDING FOR LIGHT BOLLARDS ASSOCIATED WITH PROPOSED TIDELANDS PARK STAGE; (MAYOR) RECOMMENDATION: Discuss and direct staff accordingly. D-2 COUNCIL CONSIDERATION ON DISCUSSION ON UPDATING THE DESTINATION 2000 REPORT; (COUNCIL) RECOMMENDATION: Discuss and direct staff accordingly. D-3 COUNCIL CONSIDERATION ON DISCUSSION OF DIAL -A -RIDE SERVICE; (COUNCIL) RECOMMENDATION: Discuss and direct staff accordingly. ® D4 COUNCIL CONSIDERATION ON DISCUSSION OF THE CITY TREE POLICY; (COUNCIL) RECOMMENDATION: Discuss and direct staff accordingly. D-5 COUNCIL CONSIDERATION ON DISCUSSION OF THE TROLLEY SCHEDULE; (COUNCIL) RECOMMENDATION: Discuss and direct staff accordingly. E. ADJOURNMENT THIS AGENDA IS SUBJECT TO AMENDMENT UP TO 72 HOURS PRIOR TO THE DATE AND TIME SET FOR THE MEETING. PLEASE REFER TO THE AGENDA POSTED AT CITY HALL FOR ANY REVISIONS OR CALL THE CLERK'S OFFICE AT 7726200 FOR FURTHER INFORMATION. COPIES OF STAFF REPORTS OR OTHER PUBLIC DOCUMENTATION RELATING TO EACH ITEM OF BUSINESS REFERRED TO ON THIS AGENDA ARE ON FILE IN THE OFFICE OF THE CITY CLERK AND AVAILABLE FOR PUBLIC INSPECTION AND REPRODUCTION AT COST AT CITY HALL, LIBRARY, AND MILLS STATIONERY. IN COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT, IF YOU NEED SPECIAL ASSISTANCE TO PARTICIPATE IN A CITY MEETING, PLEASE CONTACT THE CITY CLERK'S OFFICE AT LEAST 24 HOURS PRIOR TO THE MEETING TO INSURE THAT REASONABLE 0 ARRANGEMENTS CAN BE MADE TO PROVIDE ACCESSIBILITY TO THE MEETING. Ell ® MINUTES - MORRO BAY CITY COUNCIL CLOSED SESSION — JUNE 23, 2003 CITY HALL CONFERENCE ROOM - 5:00 P.M. Mayor Yates called the meeting to order at 5:00 p.m. PRESENT: William Yates Mayor Dave Elliott Councilmember William Peirce Councilmember Janice Peters Councilmember Betty Winholtz Councilmember STAFF: Robert Hendrix City Manager Robert Schultz City Attorney CLOSED SESSION MOTION: Councilmember Peirce moved the meeting be adjourned to Closed Session. The motion was seconded by Councilmember Peters and unanimously carried. (5-0) Mayor Yates read the Closed Session Statement. ® CS-1 GOVERNMENT CODE SECTION 54957.6; CONFERENCE WITH LABOR NEGOTIATOR. Conference with the City Manager, the City's Designated Representative, for the purpose of reviewing the City's position regarding salaries, salary schedules, or compensation paid in the form of fringe benefits, and giving instruction to the Designated Representative. CS-2 GOVERNMENT CODE SECTION 54956.9(B); CONFERENCE WITH LEGAL COUNSEL DUE TO ANTICIPATED LITIGATION. Significant exposure to litigation exists based upon existing facts and the advice of legal counsel as to one (1) matter: • Crabtree vs. City of Morro Bay. CS-3 GOVERNMENT CODE SECTION 54956.8: REAL PROPERTY TRANSACTIONS. Instructing City's Real Property Negotiator regarding the price and terms of payment for the purchase, sale, exchange, or lease of real property as to one (1) parcel. • Property: Lease site 30W- 33W Negotiating Parties: Jay and Mereline Coakley (Morro Bay Fuel Dock), and the City Negotiations: Lease Terms and Conditions. The meeting adjourned to Closed Session at 5:00 p.m. and returned to regular session at ® 5:45 p.m. U] Ic 11 MOTION: Councilmember Winholtz 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. MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING — JUNE 23, 2003 VETERANS MEMORIAL HALL - 6:00 P.M. Mayor Yates called the meeting to order at 6:00 p.m PRESENT: William Yates Mayor Dave Elliott Councilmember William Peirce Councilmember Janice Peters Councilmember Betty Winholtz Councilmember STAFF: Robert Hendrix Robert Schultz Bridgett Bauer Rick Algert Bruce Ambo Janeen Burlingame John DeRohan Jeff Jones Andrea Lueker Tammy Seale ESTABLISH QUORUM AND CALL TO ORDER MOMENT OF SILENCE PLEDGE OF ALLEGIANCE MAYOR'S REPORTS & ANNOUNCEMENTS City Manager City Attorney City Clerk Harbor Director Public Services Director Management Analyst Acting Police Chief Fire Chief Recreation & Parks Director Associate Planner CLOSED SESSION REPORT - City Attorney Robert Schultz reported the City Council met in Closed Session, and no reportable action under the Brown Act was taken for Items CS -I and CS-3; however Council did take action on Item CS-2 as follows: MOTION: Councilmember Peirce moved the City Council direct staff to lift the stop work order, and further direct the City Attorney to issue a legal opinion on the inability for the City to do otherwise without significant legal costs and ramifications. The motion was seconded by Councilmember Peters and carried unanimously. (5-0) PA O MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING — JUNE 23, 2003 PUBLIC COMMENT Darby Neil of Virg's Landing gave an update on the 2003 Commercial Fishing Season on the Central Coast. Kim Kimball, Executive Director of the Chamber of Commerce, addressed the upcoming 4`h of July festivities. Alyson Tyse expressed opposition to the Harbor View project due to its stucco exterior and size, and noted a structure like this will eliminate Morro Bay's small town atmosphere. Lynda Merrill expressed opposition to Morro Bay spending money on de -listing the Snowy Plover from the endangered species list. Steve Mathieu stated AGP Video was in Mammoth Lakes shooting a Fish & Game ® Commission meeting on the Near Shore Fisheries issue that will show on Channels 20 and 21. David Nelson stated he is pleased that the Embarcadero Boardwalk project is moving forward and is interested in reviewing the plans. He said the City should not spend so much time and money on objecting State Parks' studies relating to the protection of the Snowy Plover. El Melody DeMeritt urged the public to attend the upcoming California Energy Commission meeting on June 30a' regarding the Morro Bay Power Plant. Ken Vesterfelt requested the City reconsider the allocation process for residential/ commercial projects. Stan House stated there would be a Mono Bay Historical Society meeting and potluck on August P. He also expressed support for Item D-1 (Mono Bay Public Art Foundation Request for Funding for Light Bollards Associated with Proposed Tidelands Park Stage). Mr. House asked what the City policy is for Snowy Plovers located on City property. Nelson Sullivan addressed the conviction of a San Diego Harbor Commissioner who worked for Duke Energy, and as a Commissioner, made false promises relating to the power plant. 3 o MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING — JUNE 23, 2003 Mandy Davis requested Council revisit their decision in support of Duke Energy. She said a proponent of fisheries should consider the estuary when making a decision on the power plant. Tom Laurie addressed the California Energy Commission's findings on the impacts on the estuary. He said there have been incorrect findings by consultants on the water volume in Morro Bay. Barbara Playan expressed opposition to the two-story houses in the Cloisters subdivision. Neil Farrel addressed Item D-1 showing plans of the proposed stage at Tidelands Park, and requested support for the bollards. Mayor Yates closed the hearing for public comment. DECLARATION OF FUTURE AGENDA ITEMS Councilmember Elliott requested the consideration of an emergency ordinance removing ® all overlays that exist, and establish appropriate height requirements on commercial and/or residential buildings; Councilmember Peirce and Mayor Yates supported this discussion. Councilmember Peters requested the City send a letter to legislators regarding the conduct of the California Coastal Commission at their recent meeting relating to the State Campground renovation project. Mayor Yates requested to agendize the City Attorney policy and the creation of a City Council subcommittee. A. CONSENT CALENDAR Unless an item is pulled for separate action by the City Council, the following actions are approved without discussion. A-1 APPROVAL OF MINUTES FOR THE REGULAR MEETING ON JUNE 9, 2003; (ADMINISTRATION) RECOMMENDATION: Approve as submitted. Id ® MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING — JUNE 23, 2003 A-2 STATEMENT OF CASH & INVESTMENTS — MAY 2003: (FINANCE) RECOMMENDATION: Receive for information. A-3 RESOLUTION NO. 37-03 APPROVING PUBLIC RESTROOM RENT CREDIT ON LEASE AGREEMENT FOR LEASE SITES 93-95/93W-95W LOCATED AT 901 EMBARCADERO; (HARBOR) RECOMMENDATION: Adopt Resolution No. 37-03. A-4 RESOLUTION NO. 38-03 APPROVING MEMBERSHIP IN CALIFORNIA JOINT POWERS INSURANCE AUTHORITY; (FINANCE) RECOMMENDATION: Adopt Resolution No. 38-03. Councilmember Winholtz pulled Items A-3 and A-4 from the Consent Calendar. MOTION: Councilmember Peirce moved the City Council approve Items A-1 and A-2 ® of the Consent Calendar. The motion was seconded by Councilmember Elliott and carried unanimously. (5-0) A-3 RESOLUTION NO. 37-03 APPROVING PUBLIC RESTROOM RENT CREDIT ON LEASE AGREEMENT FOR LEASE SITES 93-95/93W-95W LOCATED AT 901 EMBARCADERO; (HARBOR) Councilmember Winholtz stated the signage should be corrected to properly direct people to the restroom. Harbor Director Rick Algert responded he is sure the tenant would be responsive to this request. MOTION: Councilmember Winholtz moved the City Council approve Item A-3 of the Consent Calendar. The motion was seconded by Councilmember Peirce and carried unanimously. (5-0) A4 RESOLUTION NO. 38-03 APPROVING MEMBERSHIP IN CALIFORNIA JOINT POWERS INSURANCE AUTHORITY; (FINANCE) Councilmember Winholtz asked how much money is being saved by this membership. City Attorney Robert Schultz responded on the quotes received, and noted the cost factor will be more apparent after this three year commitment. 5 ® MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING — JUNE 23, 2003 MOTION: Councilmember Winholtz moved the City Council approve Item A-4 of the Consent Calendar. The motion was seconded by Councilmember Peirce and carried unanimously. (5-0) Mayor Yates called for a break at 7:17 p.m.; the meeting resumed at 7:27 p.m. B. PUBLIC HEARINGS. REPORTS & APPEARANCES B-1 CONSIDERATION OF CONCEPT PLAN TO ALLOW TWO MARINE - RELATED USES AT 501 EMBARCADERO; (PUBLIC SERVICES) Associate Planner Tammy Seale stated this project site is located in the waterfront district and is zoned with planned development and special treatment overlays. Pursuant to Section 17.40.030 of the Zoning Ordinance, development on lands zoned with a PD overlay requires a Conditional Use Permit. For new development or new uses on public lands or lands greater than one acre, the applicant must submit a concept plan and a precise plan. Concept plans for development in the PD overlay zone shall receive final approval from the City Council at a duly noticed public hearing after review and approval by the Planning ® Commission public hearing. At a duly noticed public hearing before the Planning Commission on June 2, 2003, the Commission found the project submittal to comply with the concept and precise plan requirements. Upon approval of the City Council and the absence of an appeal, the Conditional Use Permit will be issued without a third public hearing before the Planning Commission. A parking lot, an office building, two cargo storage containers, a platform, and a floating dock currently occupy the project site. The property is leased to Estero Landing, Inc. for the current use of base operations for up to three diesel -powered tugboats, and the lease agreement terminates on February 28, 2021. Council approved the assignment of lease from Antone Sylvester Tug Service, Inc. to Estero Landing, Inc. on February 10, 2003. The existing use, Sylvester's Tug Service, was approved in 1979 and the Coastal Development Permit included approval of an office building, a six-foot high wooden fence and 32'x 34' dock. Ms. Seale recommended the City Council approve the Concept Plan for CUP 07-03 based on the findings and conditions adopted by the Planning Commission at their June 2, 2003 hearing. El Mayor Yates opened the hearing for public comment. Frank Loving, applicant, reviewed the proposed project and stated the restaurant across the street has agreed to share their parking spaces. Jim Wood stated he was concerned with some of the conditions placed on this project by the Planning Commission. He stated this is a working dock and should not require landscaping. R o MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING — JUNE 23, 2003 Mayor Yates closed the public comment hearing. Mayor Yates stated he opposes condition #13 - 16 in its entirety. Councilmember Elliott stated he is opposed to the frivolous conditions for a working dock on the Embarcadero. MOTION: Councilmember Peters moved the City Council approve the Concept Plan for Conditional Use Permit 07-03 with the deletion of conditions 913-16. The motion was seconded by Councilmember Peirce and carried unanimously. (5-0) B-2 RESOLUTION NO. 35-03 DIRECTING THE LEVY OF THE ANNUAL ASSESSMENT FOR THE CLOISTERS PARK AND OPEN SPACE LANDSCAPING AND LIGHTING MAINTENANCE ASSESSMENT DISTRICT; (RECREATION & PARKS) Recreation & Parks Director Andrea Lueker stated at the May 27, 2003 City Council ® meeting, the Council adopted Resolution No. 28-03 approving the Engineer's Report describing the annual maintenance to be completed at the Cloisters Park and Open Space. and declaring the City's intent to levy an annual assessment to finance this maintenance. The County Assessor will collect the assessment projected at $1,241.20 per assessable lot in the Cloisters subdivision. By adopting Resolution No. 35-03, $148,944 will be collected through an assessment of all parcel owners in the Cloisters subdivision for the maintenance of the Cloisters Park and Open Space. Ms. Lueker recommended the City Council hold a public hearing on the annual levy of assessment for the Cloisters Landscaping and Lighting Maintenance Assessment District, and adopt Resolution No. 35-03 directing the levy of the annual assessment for the Cloisters Park and Open Space Landscaping and Lighting Maintenance Assessment District. �J Mayor Yates opened the hearing for public comment. Steve Stevens stated at the May 27`h Council meeting, it was suggested that the property owners of the Cloisters subdivision were evenly split as to the number supporting, or opposing, the current status of the assessment district. He said it was also stated that Council would change the status if the Cloisters property owners would present a voice of consensus. Mr. Stevens stated as of today's mail, they have received 93 signatures of the 120 property owners in favor of reducing the assessment. He said it is now the Council's responsibility to rectify this inequity. 7 O MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING — JUNE 23, 2003 Freeman Hall stated the property owners of the Cloisters subdivision received a postcard relating to a petition in support of lowering the Cloisters assessment fees. Stan House stated presently the assessment district is $32,000 in the hole. He said to be fiscally responsible, the park should be Class "A" park. Mr. House stated a deal is a deal, and when building the development, the property owners were told of the assessment fee. Jan Norris stated she was a sales person for the Cloisters development, and noted all property owners were told of the assessment fee when purchasing their homes. Jim Wood stated it was written in the agreement signed by the property owners of the assessment fee. Jim Estes stated it was clear that they would have to pay an assessment fee, and it is a commitment he believes should be kept. John Lawford stated Proposition 218 amended the California Constitution and established Article 13(D) that says all special assessment districts have to comply with the California ® Constitution. He requested the City Council direct the City Attorney to make appropriate findings on this law, and to not support the levy of this assessment fee. Maurice Gendron reviewed issues relating to the lack of long-range planning and less than cost efficient spending for Cloisters -related purchases and maintenance. John Whitworth stated he supports the 93 people who signed the petition cards in opposition to the assessment fee, and said he would like an equitable solution to this matter. Audrey Gendron also reviewed issues relating to the lack of long-range planning and less than cost efficient spending for Cloisters -related purchases and maintenance. Ken Twist stated he would like an evaluation and assessment of the park and maintenance. Mayor Yates closed the public comment hearing. Councilmember Elliott stated he is opposed to assessment districts in general, and said it is the City's responsibility to maintain parks that are for the use of the entire City along with its visitors. Mayor Yates agreed with Councilmember Elliott's comments. E B? ® MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING — JUNE 23, 2003 Councilmember Winholtz stated it would be fiscally irresponsible for the City to take on this debt at this time; however, she supports the negotiation of future assessment fees. Councilmember Peirce stated he would support the assessment fee this year. He said presently the cost for maintaining this park would be competing with other City services in the General Fund. Councilmember Peirce stated he is willing to negotiate the assessment fees with the residents for next year. Councilmember Peters stated the agreement was signed by all residents, and a deal is a deal. She said it would not be fiscally responsible for the City to absorb all of these costs. Councilmember Peters stated she supports appointing a sub -committee to study a potential reduction in expenses. MOTION: Councilmember Peters moved the City Council adopt Resolution No. 35-03 directing the Levy of the Annual Assessment for the Cloisters Park and Open Space Landscaping and Lighting Maintenance Assessment District, with direction that a sub -committee will study a potential reduction in expenses. The motion was seconded by Councilmember Peirce. ® Mayor Yates stated he would not support this motion because the inference is that Council is going to reduce services to save the residents money. He said he supports phasing the assessment district out over the next five years. l Councilmember Elliott stated it is ludicrous that government passes rules for everyone but themselves. Councilmember Winholtz stated this development got to be what it is because they were willing to give this public benefit by taking a huge piece of beachfront property and building beautiful homes. Councilmember Elliott stated this was private property and did not take anything from the City. VOTE: The motion carried with Councilmember Elliott and Mayor Yates voting no. (3-2) MOTION: Mayor Yates moved the City Council appoint Councilmember Peirce and Councilmember Winholtz to serve on the sub -committee to study the reduction in expenses. The motion was seconded by Councilmember Elliott and carried unanimously. (5-0) vt MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING — JUNE 23, 2003 B-3 O. 36-03 DIRECTING THE LEVY OF THE ANNUAL RESOLUTION N ASSESSMENT FOR THE NORTH POINT NATURAL AREA LANDSCAPING AND LIGHTING MAINTENANCE ASSESSMENT DISTRICT; (RECREATION & PARKS) Recreation & Parks Director Andrea Lueker stated at the May 27, 2003 City Council meeting, the Council adopted Resolution No. 29-03 approving the Engineer's Report describing the annual maintenance to be completed at the North Point Natural Area, and declaring the City's intent to levy an annual assessment to finance this maintenance. The County Assessor will collect the assessment projected at $564.50 per assessable lot in the North Point Natural Area. Ms. Lueker recommended the City Council hold a public hearing on the annual levy of assessment for the North Point Natural Area, and adopt Resolution No. 36-03 directing the levy of the annual assessment for the North Point Natural Area Landscaping and Lighting Maintenance Assessment District. Mayor Yates opened the hearing for public comment. Steve Stevens asked if the homeowners of this assessment district have been queried on ® their assessment fees. John Lawford stated he objects to this assessment because he believes it is unconstitutional Mayor Yates closed the public comment hearing. Councilmember Elliott expressed his opposition to this assessment fee, adding the residents cannot access the beach from the open space that they are being assessed for. Councilmember Winholtz stated the sub -committee could review the legalities of the assessment fees. Councilmember Peters stated she would like the City Attorney to do a case research on the legalities of assessment fees, and could also be pursued by the sub -committee. Councilmember Peirce stated he would support the assessment this year. MOTION: Councilmember Peters moved the City Council adopt Resolution No. 36-03 directing the Levy of the Annual Assessment for the North Point Natural Area Landscaping and Lighting Maintenance Assessment District. The motion was seconded by Councilmember Peirce and carved with Councilmember Elliott and Mayor Yates voting no. (3-2) 10 ® MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING — JUNE 23, 2003 MOTION: Councilmember Peters moved the City Council direct the City Attorney to research the legalities of an assessment district at his convenience. The motion was seconded by Councilmember Winholtz and carried with Councilmember Peirce and Mayor Yates voting no. (3-2) Mayor Yates called for a break at 9:17 p.m.; the meeting resumed at 9:32 p.m. C. UNFINISHED BUSINESS C-1 REVIEW OF REQUEST FOR PROPOSAL TO RE -OPEN THE BUILDING AT 220 ATASCADERO ROAD AS A SKATING RINK, AND CONSIDERATION OF COST ESTIMATE FOR RENOVATION AND REPAIR OF THE BUILDING; (ADMINISTRATION) City Manager Robert Hendrix stated the City acquired 220 Atascadero Road for the original purpose of opening a teen center; however, moved its interest to another location. The facility remained vacant initially while estimates and plans were formulated. During this time, official city records, furniture and other City property displaced from other City facilities were stored there. The City Council directed that a Request for Proposal be ® prepared for Council consideration with the leasing of the site to an operator for a commercial skating facility as a goal. The Council also requested that cost estimates be prepared for any work required to bring the facility up to date. Identified costs for that work range from $87,000 to $180,000 depending on what specific decisions are made. Mr. Hendrix recommended the City Council consider and provide direction to staff on the Request for Proposal and lease, either approving them, approving them as amended, or other alternative; review the cost estimates for work on the facilities at 220 Atascadero Road; and, direct staff as to what portions of the work is to be pursued on the facility. He also recommended Council direct staff as to the source of financing for any capital work directed. Mayor Yates reviewed the conditions in the Request for Proposal. Councilmember Elliott stated the rent could be charged as base rent plus a percentage of business. Councilmember Winholtz stated this is a benefit that will serve kids countywide. Councilmember Peters stated she does not understand why this project is a priority when it was not a priority when discussing budget priorities. She felt the money required to repair the building could be better spent elsewhere, but also stated her concerns about not including the recommended structural safety work and sprinkler installation. rat ® MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING — JUNE 23, 2003 Councilmember Peirce stated he does not support borrowing money to accomplish this project; however, he does approve of the concept of this project. MOTION: Mayor Yates moved the City Council approve the Request for Proposal and proposed lease with the following changes: 1) under Basic Assumptions #2 add "and skating rink management periodicals', and mail the Request for Proposal to all skating rink operators in California; 2) basic rent will be $1,500 per month with 10% of gross revenues over $15,000 per month gross; 3) City will issue the Conditional Use Permit for operation of a skating rink; 4) the City will do the improvements on 41 in Attachment A; 5) the City will borrow the funds for such improvements from the best available source; 6) remove condition #11 (business license) and #12 be removed and add if someone withdraws their bid subsequent to the deadline, that they receive a refund of their monies; 7) able to propose a security bond for $1,000; 8) the performance bond in the amount of one year's lease be deleted; and 9) rent will be open to bid based on gross sales. The motion was seconded by Councilmember Elliott and carried with Councilmember Peters voting no. (4-1) ® C-2 UPDATE ON RESEARCH OF SOFTWARE FOR CATALOGING CITY DOCUMENTS; (ADMINISTRATION) [11 This item was continued to the July 14, 2003 City Council meeting. C-3 STATUS REPORT ON REHABILITATION OF ORIGINAL CITY TROLLEY; (ADMINISTRATION) Management Analyst Janeen Burlingame stated the City Council had expressed a desire to refurbish the 1985 trolley once the new trolley is purchased to replace it sometime this fall. She reviewed what would need to be refurbished or replaced on the trolley; however, noted an engine replacement was not necessary so long as the 1985 trolley was used sparingly as a back up or for special events. She said staff contacted trolley manufacturer's Molly Corporation and Specialty Vehicles to provide quotes on the cost to refurbish the 1985 trolley. Molly Corporation provided a quote of $25,000 for refurbishment with the exception of the undercarriage, and also shipping to and from their facility in Maine. Specialty Vehicles provided a quote of $25,900 that would include refurbishment plus some undercarriage work and shipping to and from their facility in Huntington Beach. Ms. Burlingame recommended the City Council consider the quotes received, direct staff regarding refurbishment of the 1985 trolley, and allocate the appropriate funding. 12 ® MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING — JUNE 23, 2003 MOTION: Mayor Yates moved the City Council approve the Specialty Vehicles bid of $25,900 and fund from City reserves, and negotiate plus tax for labor. The motion was seconded by Councilmember Elliott. Councilmember Winholtz stated she would not support this motion because she would rather delay it until the next budget cycle. VOTE: The motion carried with Councilmember Peters and Councilmember Winholtz voting no. (3-2) D. NEW BUSINESS D-1 MORRO BAY PUBLIC ART FOUNDATION REQUEST FOR FUNDING FOR LIGHT BOLLARDS ASSOCIATED WITH PROPOSED TIDELANDS PARK STAGE; (MAYOR) This item was continued to the July 14, 2003 City Council meeting. ® D-2 COUNCIL CONSIDERATION ON DISCUSSION ON UPDATING THE DESTINATION 2000 REPORT; (COUNCIL) This item was continued to the July 14, 2003 City Council meeting. D-3 COUNCIL CONSIDERATION ON DISCUSSION OF DIAL -A -RIDE SERVICE; (COUNCIL) This item was continued to the July 14, 2003 City Council meeting. D4 COUNCIL CONSIDERATION ON DISCUSSION OF THE CITY TREE POLICY; (COUNCIL) This item was continued to the July 14, 2003 City Council meeting. D-5 COUNCIL CONSIDERATION ON DISCUSSION OF THE TROLLEY SCHEDULE; (COUNCIL) Councilmember Peirce requested Council support to start the daily trolley schedule beginning with Memorial Day weekend. 13 ® MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING — JUNE 23, 2003 MOTION: Councilmember Winholtz moved the City Council go beyond the 11:00 p.m. rule. The motion was seconded by Councilmember Peirce and carried with Councilmember Elliott and Mayor Yates voting no. (3-2) MOTION: Councilmember Peirce moved the City Council approve the trolley run its daily schedule starting with Memorial Day weekend until Labor Day weekend, and ending the service day at 7:00 p.m. The motion was seconded by Mayor Yates and carried unanimously. (5-0) ADJOURNMENT The meeting adjourned at 11:10 p.m. Recorded by: Bridgett Bauer ® City Clerk `\1 14 ® City of Morro Bay City Council Agenda Mission Statement The City of Morro Bay is dedicated to the preservation and enhancement of the quality of life. The City shall be committed to this purpose and will provide a level of municipal service and safety consistent with and responsive to the needs of the public. REGULAR MEETING — NNE 9, 2003 CLOSED SESSION — JUNE 9, 2003 CITY HALL CONFERENCE ROOM - 4:00 P.M. 595 HARBOR ST., MORRO BAY, CA CS-1 GOVERNMENT CODE SECTION 54957, PERSONNEL ISSUES. Discussions regarding Personnel Issues including two (2) public employees regarding discipline/release/evaluation, specifically the City Manager and City Attorney. ® CS-2 GOVERNMENT CODE SECTION 54957.6; CONFERENCE WITH LABOR NEGOTIATOR. Conference with the City Manager, the City's Designated Representative, for the purpose of reviewing the City's position regarding salaries, salary schedules, or compensation paid in the form of fringe benefits, and giving instruction to the Designated Representative. CS-3 GOVERNMENT CODE SECTION 54956.9(A); CONFERENCE WITH LEGAL COUNSEL DUE TO PENDING LITIGATION. • In Re: Morro Bay Power Plant Project, 00-AFC-I2 CS4 GOVERNMENT CODE SECTION 54956.9(C);- CONFERENCE WITH LEGAL COUNSEL DUE TO ANTICIPATED LITIGATION. Initiation of litigation exists based upon existing facts and the advice of legal counsel as to one (1) matter: • City of Morro Bay vs. US Fish and Wildlife and California Slate Parks. CS-5 GOVERNMENT CODE SECTION 54956.9(B); CONFERENCE WITH LEGAL COUNSEL DUE TO ANTICIPATED LITIGATION. Significant exposure to litigation exists based upon existing facts and the advice of legal counsel as to one (1) matter: • Haidet vs. City of Morro Bay. ® IT IS NOTED THAT THE CONTENTS OF CLOSED SESSION MEETINGS ARE CONFIDENTIAL AND EXEMPT FROM DISCLOSURE. ® PUBLIC SESSION — NNE 9, 2003 VETERANS MEMORIAL HALL - 6:00 P.M. 209 SURF ST., MORRO BAY, CA ESTABLISH QUORUM AND CALL TO ORDER MOMENT OF SILENCE PLEDGE OF ALLEGIANCE MAYOR AND COUNCILMEMBERS ANNOUNCEMENTS & PRESENTATIONS CLOSED SESSION REPORT PUBLIC COMMENT PERIOD - Members of the audience wishing to address the Council on City business matters (other than Public Hearing items under Section B) may do so at this time. To increase the effectiveness of the Public Comment Period, the following rules shall be followed: • When recognized by the Mayor, please come forward to the podium and state your name and address for the record. Comments are to be limited to three minutes. • All remarks shall be addressed to Council, as a whole, and not to any individual ® member thereof. • No person shall be permitted to make slanderous, profane or personal remarks against any elected official, commission and/or staff. COUNCIL DECLARATION OF FUTURE AGENDA ITEMS A. CONSENT CALENDAR Unless an item is pulled for separate action by the City Council, the following actions are approved without discussion. A-1 APPROVAL OF MINUTES FOR THE REGULAR MEETING ON MAY 27, 2003; (ADMINISTRATION) RECOMMENDATION: Approve as submitted B. PUBLIC HEARINGS, REPORTS & APPEARANCES — NONE. Ul 2 C. UNFINISHED BUSINESS C-I RECOMMENDATIONS FROM PUBLIC WORKS ADVISORY BOARD REGARDING ALIGNMENT OF BIKE LANES AND PARKING ON NORTH MAIN STREET; (PUBLIC SERVICES) RECOMMENDATION: Approve the plan proposed to provide both on -street parking adjacent to areas of business demands and Class 2 bike lanes on Main Street from San Jacinto to Atascadero Road; and, allocate $13,000 from the current street overlay Capital Improvement Project to construct localized street widening. C-2 STATUS REPORT ON STATE PARKS APPEAL TO THE COASTAL COMMISSION RELATING TO THE STATE PARK REHABILITATION PROJECT; (CITY ATTORNEY) RECOMMENDATION: Receive status report, discuss and direct staff accordingly. D. NEW BUSINESS D-I UPDATE ON RESTRICTION OF DOGS ON BEACH BY STATE PARKS; (CITY COUNCIL) ® RECOMMENDATION: Receive for information. D-2 COUNCIL CONSIDERATION ON DISCUSSION OF STREET -END PROPERTY AT MORRO ELEMENTARY SCHOOL; (CITY COUNCIL) RECOMMENDATION: Discuss and direct staff accordingly. D-3 COUNCIL CONSIDERATION ON DISCUSSION ON THE PURCHASE OF STREET ENCROACHMENT PERMITS; (CITY COUNCIL) RECOMMENDATION: Discuss and direct staff accordingly. D-4 COUNCIL CONSIDERATION ON DISCUSSION OF ANNEXATION OF SURROUNDING LAND; (CITY COUNCIL) RECOMMENDATION: Discuss and direct staff accordingly. D-5 COUNCIL CONSIDERATION ON DISCUSSION OF INCREASING SEWER FEES RELATED TO FUTURE UPGRADE OF THE WASTEWATER TREATMENT PLANT; (CITY COUNCIL) RECOMMENDATION: Discuss and direct staff accordingly. 3 D-6 COUNCIL CONSIDERATION ON DISCUSSION ON UPDATING THE ® DESTINATION 2000 REPORT; (CITY COUNCIL) RECOMMENDATION: Discuss and direct staff accordingly. D-7 COUNCIL CONSIDERATION ON DISCUSSION ON TIMELINESS OF ASSIGNMENTS TO STAFF; (CITY COUNCIL) RECOMMENDATION: Discuss and direct staff accordingly. D-8 COUNCIL CONSIDERATION ON DISCUSSION OF THE DEVELOPMENT OF A CITY POLICY BOOK; (CITY COUNCIL) RECOMMENDATION: Discuss and direct staff accordingly. E. ADJOURNMENT aTHIS 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. A COPIES OF STAFF REPORTS OR OTHER PUBLIC DOCUMENTATION RELATING TO EACH ITEM OF BUSINESS REFERRED TO ON THIS AGENDA ARE ON FILE IN THE OFFICE OF THE CITY CLERK AND AVAILABLE FOR PUBLIC INSPECTION AND REPRODUCTION AT COST AT CITY HALL, LIBRARY, AND MILLS STATIONERY. IN COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT, IF YOU NEED SPECIAL ASSISTANCE TO PARTICIPATE IN A CITY MEETING, PLEASE CONTACT THE CITY CLERK'S OFFICE AT LEAST 24 HOURS PRIOR TO THE MEETING TO INSURE THAT REASONABLE ARRANGEMENTS CAN BE MADE TO PROVIDE ACCESSIBILITY TO THE MEETING. m ® MINUTES - MORRO BAY CITY COUNCIL CLOSED SESSION — JUNE 9, 2003 CITY HALL CONFERENCE ROOM - 4:00 P.M. Mayor Yates called the meeting to order at 4:00 p.m PRESENT: William Yates Mayor Dave Elliott Councilmember William Peirce Councilmember Janice Peters Councilmember Betty Winholtz Councilmember STAFF: Robert Hendrix City Manager Robert Schultz City Attorney CLOSED SESSION MOTION: Councilmember Peters moved the meeting be adjourned to Closed Session. The motion was seconded by Councilmember Peirce and unanimously carried. (5-0) Mayor Yates read the Closed Session Statement. ® CS-1 GOVERNMENT CODE SECTION 54957; PERSONNEL ISSUES. Discussions regarding Personnel Issues including two (2) public employees regarding discipline/release/evaluation, specifically the City Manager and City Attorney. CS-2 GOVERNMENT CODE SECTION 54957.6; CONFERENCE WITH LABOR NEGOTIATOR. Conference with the City Manager, the City's Designated Representative, for the purpose of reviewing the City's position regarding salaries, salary schedules, or compensation paid in the form of fringe benefits, and giving instruction to the Designated Representative. CS-3 GOVERNMENT CODE SECTION 54956.9(A); CONFERENCE WITH LEGAL COUNSEL DUE TO PENDING LITIGATION. • In Re: Morro Bay Power Plant Project, 00-AFC-12 CS4 GOVERNMENT CODE SECTION 54956.9(C). CONFERENCE WITH LEGAL COUNSEL DUE TO ANTICIPATED LITIGATION. Initiation of litigation exists based upon existing facts and the advice of legal counsel as to one (1) matter: • City of Morro Bay vs. US Fish and Wildlife and California State Parks. Lo ® CS-5 GOVERNMENT CODE SECTION 54956.9(B); CONFERENCE WITH LEGAL COUNSEL DUE TO ANTICIPATED LITIGATION. Significant exposure to litigation exists based upon existing facts and the advice of legal counsel as to one (1) matter: • Haidet vs. City of Morro Bay. The meeting adjourned to Closed Session at 4:00 p.m. and returned to regular session at 5:55 p.m. MOTION: Councihnember 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. 1 2 1 Ln MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING — JUNE 9, 2003 VETERANS MEMORIAL HALL - 6:00 P.M. Mayor Yates called the meeting to order at 6:00 p.m PRESENT: William Yates Mayor Dave Elliott Councilmember William Peirce Councilmember Janice Peters Councilmember Betty Winholtz Councilmember STAFF: Robert Hendrix Robert Schultz Bridgett Bauer Rick Algert Bruce Ambo Bill Boucher Frank Cunningham JeffJones Jim Koser Joe Loven Andrea Lueker City Manager City Attorney City Clerk Harbor Director Public Services Director Capital Projects Manager City Engineer Fire Chief Finance Director Police Chief Recreation & Parks Director ESTABLISH QUORUM AND CALL TO ORDER MOMENT OF SILENCE PLEDGE OF ALLEGIANCE MAYOR'S REPORTS & ANNOUNCEMENTS CLOSED SESSION REPORT - City Attorney Robert Schultz reported the City Council met in Closed Session, and no reportable action under the Brown Act was taken except for Item CS-5 (Haidet/Crabtree vs. City of Morro Bay), wherein the City Council directed staff that no further building or occupancy permits should be issued until the height limitation issue is resolved. PUBLIC COMMENT Nancy Bast addressed Item C-2 (Status Report on State Parks Appeal to the Coastal Commission Relating to the State Park Rehabilitation Project) stating the State has not been including public involvement in the revision process of the project plans. She said $3 million was allocated in the 2002 budget for construction and preservation and protection of the natural and cultural resources, and this funding will be running out on June 30, 2003. Ms. Bast stated the revision does not address the public's main concerns such as replacing the forest with bushes and the placement of the park entrance. 3 ® MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING — JUNE 9, 2003 Jeff Wheelwright stated the City's tree policy should include a two -week noticing period, as well as a registry that will list what trees are healthy and/or diseased (most particularly the Monterey Pine), and which trees are vulnerable by complaint of property owners. Lynda Merrill encouraged the City to support State Parks in protecting the Snowy Plover. She said signs near Azure Street noting the protective area have been removed. Ms. Merrill addressed Item C-2 stating the City needs to hold the line relating to the State Parks restoration project. She also addressed Item D4 (Council Consideration on Discussion of Annexation of Surrounding Land) stating the City should be cautious when reviewing this issue. Joan Carter, representing ECOSLO, read a letter from ECOSLO to the Coastal Commission regarding the removal of trees in the State Parks campground. Peter Wagner, representing Sierra Club, suggested the trees that are planned for removal in the State Park be marked so people can see what the park will look like with those trees removed. He encouraged City participation in the Coastal Commission review of this plan. OBill Woodson stated the trees in the State Park are functional by creating a canopy to help shield the wind and fog from the campsites. He also addressed Item D-4 and stated he would like the City to decide the fate of the Chevron site and noted discussion on annexation is a very timely issue. David Nelson addressed Item D-5 (Council Consideration on Discussion of Increasing Sewer Fees Related to Future Upgrade of the Wastewater Treatment Plant) and requested the Council consider this issue creatively. He also addressed the Duke Energy outfall and said the lease needs to be re-evaluated based on the testimony that has been presented. Melody DeMeritt addressed Item D-3 (Council Consideration on Discussion on the Purchase of Street Encroachment Permits) and showed pictures of houses with encroachments on City property.. She said public safety should be a high priority when considering this issue. John Barta announced the City would be making its last payment on the desalination plant tomorrow. Ken Vesterfelt stated the citizens are becoming the endangered species with placing the 4`" of July celebration in jeopardy due to the protection of the Snowy Plovers. 4 ® MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING — JUNE 9, 2003 Jim Wood stated it is nature's way that there are some birds and wild animals that are predators of the endangered Snowy Plover. He also stated Dial -A -Ride is changing their service so they will no longer be able to pick up some customers due to turn -around. Jeff O'Dell requested Council consider creating a fact-finding committee to research annexation of surrounding land. He encouraged the City to create appropriate policy statements into the City's next General Plan that pertain to the future expansion of the City and to create practical incentives for less land -intensive development. Stan House stated there is no compromising with State Parks, and there might be a time when filing a lawsuit is in order. He also stated he supports the City opening discussion on the Morro Elementary School site. Candace Vittitow stated State Parks should continue taking reservations for the campground until the renovation project begins. She urged the City Council to send City Attorney Robert Schultz to the Coastal Commission meeting in order to voice the City's concerns. oKen Switrus stated State Parks is not subject to remove all native trees in the park. He said the removal of historical buildings should not be allowed, as the historical character of the park is part of the landscape. Lionel Johnston stated trees were planted as windbreaks in the State Park so it would be more habitable. He said the State should consider trimming the existing trees in the park. Mr. Johnston stated he has never witnessed traffic as being a problem in the park. Neil Farrel, representing the Public Art Foundation, gave an update on the stage at Tidelands Park. Mayor Yates closed the hearing for public comment. Mayor Yates called for a break at 7:20 p.m.; the meeting resumed at 7:35 p.m. DECLARATION OF FUTURE AGENDA ITEMS Mayor Yates requested the discussion of the City's public tree policy. Councilmember Peirce requested the discussion of the Dial -a -Ride service in the City. ® MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING — JUNE 9, 2003 A. CONSENT CALENDAR Unless an item is pulled for separate action by the City Council, the following actions are approved without discussion. A-1 APPROVAL OF MINUTES FOR THE REGULAR MEETING ON MAY 27, 2003; (ADMINISTRATION) RECOMMENDATION: Approve as submitted MOTION: Councilmember Peirce moved the City Council approve Item A-1 of the Consent Calendar. The motion was seconded by Councilmember Winholtz and carried unanimously. (5-0) B. PUBLIC HEARINGS, REPORTS & APPEARANCES —NONE. C. UNFINISHED BUSINESS ® C-1 RECOMMENDATIONS FROM PUBLIC WORKS ADVISORY BOARD REGARDING ALIGNMENT OF BIKE LANES AND PARKING ON NORTH MAIN STREET; (PUBLIC SERVICES) .I Capital Projects Manager Bill Boucher.stated at the April 14, 2003 meeting, the City Council considered the matter of on -street parking and bike lanes on Main Street from San Jacinto to Atascadero Road. The crux of the matter was that our adopted bikeway plan delineates Class 2 bike lanes for the full length of the street in all areas. The City Council directed staff to develop an alternative that kept the City consistent with our planning policies and retained on -street parking and to take the matter to the Public Works Advisory Board for discussion and recommendation. The proposal submitted to the Public Works Advisory Board at their May 27, 2003 meeting, consisted of four primary elements: 1) the narrowing of travel and parking lanes consistent with the City bikeway plan for portions of the street segment; 2) localized street widening where feasible to meet current parking demand; 3) planning for wider curb and gutter along unimproved sections; and 4) prohibition of on -street parking where permanent improvements are narrow and widening is not currently feasible. Mr. Boucher stated the Public Works Advisory Board and staff recommend the City Council approve the plan proposed to provide both on -street parking adjacent to areas of business demands and Class 2 bike lanes on Main Street from San Jacinto to Atascadero Road, and that $13,000 be allocated from the current street overlay Capital Improvement Project to construct localized street widening. :1 ® MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING — JUNE 9, 2003 Mayor Yates expressed concern with the removal of on -street parking. Councilmember Peirce questioned the number of bicyclists would will use a bike lane on Main Street, and also noted the importance of parking in that area Councilmember Peters stated if there is a bike lane it will be used by bicyclists. She said businesses should have ample on -site parking. Councilmember Peters also noted the current on -street parking causes some sight concerns for cars entering onto Main Street. Councilmember Winholtz stated staff has prepared a well-balanced report and she supports its recommendations. Councilmember Elliott stated he spent time watching the traffic on Main Street, and expressed concern with the safety factor of placing a bike lane on Main Street. He said the City should make an effort to provide an alternate route that would be safer for bicyclists to ride their bikes other than on Main Street. Mayor Yates agreed with Councilmember Elliott's concerns. ® MOTION: Councilmember Peters moved the City Council approve the plan proposed to provide both on -street parking adjacent to areas of business demands and Class 2 bike lanes on Main Street from San Jacinto to Atascadero Road, and that $13,000 be allocated from the current street overlay Capital Improvement Project to construct localized street widening. The motion was seconded by Councilmember Winholtz and failed with Councilmember Elliott, Councilmember Peirce and Mayor Yates voting no. (2-3) n MOTION: Councilmember Elliott moved the City Council direct staff to amend the Bikeway Plan pathway to reflect the previous motion. The motion was seconded by Mayor Yates and carried with Councilmember Peters and Councilmember Winholtz voting no. (3-2) MOTION: Councilmember Peirce moved the City Council direct staff to research alternate bike lane routes other than Main Street. The motion was seconded by Councilmember Peters. Councilmember Elliott expressed opposition because bike lanes are not economically viable or user-friendly on that side of the highway. 7 ® MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING — JUNE 9, 2003 Councilmember Winholtz stated community outreach should be involved in a decision such as this. Mayor Yates stated he receives a lot of public input via e-mail and he has not received any information from the public on this subject. Councilmember Peirce withdrew his motion; Councilmember Peters withdrew her second. No further action was taken on this item. C-2 STATUS REPORT ON STATE PARKS APPEAL TO THE COASTAL COMMISSION RELATING TO THE STATE PARK REHABILITATION PROJECT; (CITY ATTORNEY) City Attorney Robert Schultz stated on March 10, 2003, the City Council upheld an appeal of the State Parks proposed project to rehabilitate the Morro Bay State Parks ® campground facility. The Department of Parks & Recreation filed an appeal of the City Council's decision with the California Coastal Commission. The Coastal Commission will hear the appeal on June 12, 2003 in Long Beach. The Coastal Commission's staff is recommending approving the project with added conditions of approval related to the protection of butterfly habitat and archaeological resources. Councihember Winholtz stated she will be attending the Coastal Commission meeting and requested the City Attorney attend in order to defend the City's position. Councilmember Elliott stated State Parks should be required to implement public outreach on this project. Mayor Yates stated he supports the attendance of Council, City Attorney, and providing a van for public transportation. Councilmember Peters stated State Parks did not give the opportunity for public input. She said she supports the City Attorney's attendance at the Coastal Commission meeting. Councilmember Peirce stated public comment will be beneficial, and the City Attorney can reiterate Council's position. U o MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING — JUNE 9, 2003 MOTION: Councilmember Peters moved the City Council: 1) support Councilmember Winholtz' attendance at the Coastal Commission meeting in Long Beach; 2) invite citizens to attend the Coastal Commission meeting; 3) provide the use of a City van; and, 4) direct the City Attorney to attend the meeting to speak on the City Council's behalf The motion was seconded by Councilmember Peirce and carried unanimously. (5-0) D. NEW BUSINESS D-1 UPDATE ON RESTRICTION OF DOGS ON BEACH BY STATE PARKS; (CITY ATTORNEY) City Attorney Robert Schultz stated the California Department of Parks and Recreation (State Parks) increased its efforts to enforce certain regulations at beaches across the State. The increased level of enforcement is due, in part, to the United States Fish and Wildlife Service (USFWS) 1993 decision to give Endangered Species Act protection to the Pacific Coast Population of the Western Snowy Plover. As part of this decision, USFWS designated twenty-eight critical habitat areas totaling approximately 20,000 ® acres of coastline, including many acres in California. In response, State Parks began a statewide effort to enforce existing regulations and issue new guidelines to protect the plover's nesting areas and natural habitat. State Parks is now strictly enforcing an existing regulation that prohibits dogs on state beaches, including beaches in the City of Morro Bay. E Councilmember Peters stated she supports presenting a policy wherein the City will enforce owners to walk their dogs on a leash and clean up after them. Councilmember Winholtz stated she does not feel strongly on taking action on this issue; there is other legislation and lawsuits taking place on the western side of the United States to address this issue, and the City should take a wait -and -see posture. MOTION: Councilmember Peters moved the City Council: 1) direct the City Attorney to draft a letter to the California Coastal Commission expressing the City's dismay that the Coastal Commission being a Public Beach Access Commission seems to have contradictory actions; 2) immediately apply to the State Parks to reinstate the exemption; and, 3) appoint two Council Members to serve on a sub -committee to pressure political action. The motion was seconded by Councilmember Peirce. ii ® MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING — JUNE 9, 2003 Councilmember Elliott stated Council should consider sending direct communication via mail to our legislators requesting support. He said the City has given its right of enforcement away by contracting with the County Animal Services, and should consider taking on the enforcement of animals in-house. Councilmember Peters amended her motion to add the inclusion of all government officials that could have any influence in the communication scheme; Councilmember Peirce amended his second. VOTE: The motion carried with Councilmember Winholtz voting no. (4-1) Mayor Yates and Councilmember Peters volunteered to serve on the sub -committee. D-2 COUNCIL CONSIDERATION ON DISCUSSION OF STREET -END PROPERTY AT MORRO ELEMENTARY SCHOOL; (CITY COUNCIL) Councilmember Elliott stated he would like to discuss this issue because the school district abandoned Morro Elementary, and the City should recover costs for the value of ® the abandoned property. MOTION: Councilmember Elliott moved the City Council direct the City Attorney to research the street -end property located at Morro Elementary School to see if the City has any financial or physical recourse, and return to the City Council by September 22, 2003 as informational item. The motion was seconded by Mayor Yates and carried unanimously. (5-0) D-3 COUNCIL CONSIDERATION ON DISCUSSION ON THE PURCHASE OF STREET ENCROACHMENT PERMITS; (CITY COUNCIL) Councilmember Elliott addressed "Special Encroachment Permits". He said many streets are not wide enough to allow for parking in the roadway. Councilmember Elliott suggested Council eliminate the special encroachment permit except for purposes of parking. MOTION: Councilmember Elliott moved the City Council direct staff to revise the special encroachment permit procedure to prohibit encroachment on the public right-of-way except for public parking purposes, except in those instances where a special permit must be issued to facilitate the use of the property which must receive Planning Commission approval. The motion was seconded by Mayor Yates. 10 ® MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING — JUNE 9, 2003 Council discussed the approval process, and concluded the process be handled administratively. Councilmember Elliott amended his motion to not require Planning Commission approval, and added that staff makes the determination on special circumstances to allow for appropriate encroachment; Mayor Yates agreed and amended his second. VOTE: The motion carried unanimously. (5-0) Mayor Yates called for a break at 9:25 p.m.; the meeting resumed at 9:38 p.m. D-4 COUNCIL CONSIDERATION ON DISCUSSION OF ANNEXATION OF SURROUNDING LAND; (CITY COUNCIL) Mayor Yates stated this concept is a good idea because it will protect the surrounding agricultural land around the City. Councilmember Winholtz stated she is interested in discussing this issue with community Oinvolvement. She said this should also be considered in the Destination 2000 report. 11 Councilmember Elliott stated there is an initiative that requires the vote of the people. He said there is a need for land for light industry in the City. Councilmember Peirce stated discussions should include providing a buffer to protect the community. Mayor Yates stated the Planning Commission could conduct a public hearing on this issue. Councilmember Winholtz stated she would prefer a committee review of this issue rather than a public hearing. Councilmember Peters stated she would prefer a Planning Commission workshop to consider this issue. MOTION: Councilmember Peirce moved the City Council direct the Planning Commission conduct a public workshop on the concept of annexation of surrounding land to be held between October 1 — November 15, 2003. The motion was seconded by Councilmember Peters and carried unanimously. (5-0) 11 ® MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING — JUNE 9, 2003 D-5 COUNCIL CONSIDERATION ON DISCUSSION OF INCREASING SEWER FEES RELATED TO FUTURE UPGRADE OF THE WASTEWATER TREATMENT PLANT; (CITY COUNCIL) Councilmember Winholtz stated it is inevitable that an upgrade to the Wastewater Treatment Plant will be necessary, and perhaps the City should consider increasing sewer fees by $1.00 per month each year. Councilmember Elliott stated a full treatment plant will be necessary in the future, and this should be considered. Mayor Yates suggested obtaining a recommendation from the Public Works Advisory Board. Councilmember Peirce stated the City should consider water reclamation, and perhaps see if the County would be interested in a joint venture. MOTION: Mayor Yates moved the City Council refer the following discussions to othe Public Works Advisory Board: 1) consideration of increasing sewer fees in order to build a Capital Improvement Fund for the upgrade of the Wastewater Treatment Plant; and, 2) consider the concept of water reclamation. The motion was seconded by Councilmember Peters and carried unanimously. (5-0) D-6 COUNCIL CONSIDERATION ON DISCUSSION ON UPDATING THE DESTINATION 2000 REPORT; (CITY COUNCIL) — THIS ITEM WAS CONTINUED TO THE JUNE 23, 2003 CITY COUNCIL MEETING. D-7 COUNCIL CONSIDERATION ON DISCUSSION ON TIMELINESS OF ASSIGNMENTS TO STAFF; (CITY COUNCIL) — THIS ITEM WAS PULLED FROM THE AGENDA. D-8 COUNCIL CONSIDERATION ON DISCUSSION OF THE DEVELOPMENT OF A CITY POLICY BOOK; (CITY COUNCIL) — THIS ITEM WAS CONTINUED TO THE JUNE 23, 2003 CITY COUNCIL MEETING. ADJOURNMENT - The meeting adjourned at 9:55 p.m. ® by: er,\ Q_ ndgvett City Clerk 12 ® City of Morro Bay City Council Agenda Mission Statement The City of Morro Bay is dedicated to the preservation and enhancement of the quality of life. The City shall be committed to this purpose and will provide a level of municipal service and safety consistent with and responsive to the needs of the public. REGULAR MEETING — MAY 27, 2003 CLOSED SESSION — MAY 27, 2003 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 30W- 33W Negotiating Parties: Jay and Mereline Coakley (Morro Bay Fuel Dock), and the City Negotiations: Lease Terms and Conditions. IT IS NOTED THAT THE CONTENTS OF CLOSED SESSION MEETINGS ARE CONFIDENTIAL AND EXEMPT FROM DISCLOSURE. E ® PUBLIC SESSION — MAY 27, 2003 VETERANS MEMORIAL HALL - 6:00 P.M. 209 SURF ST., MORRO BAY, CA [] 0 ESTABLISH QUORUM AND CALL TO ORDER MOMENT OF SILENCE PLEDGE OF ALLEGIANCE MAYOR AND COUNCILMEMBERS ANNOUNCEMENTS & PRESENTATIONS CLOSED SESSION REPORT PUBLIC COMMENT PERIOD - Members of the audience wishing to address the Council on City business matters (other than Public Hearing items under Section B) may do so at this time. To increase the effectiveness of the Public Comment Period, the following rules shall be followed: • When recognized by the Mayor, please come forward to the podium and state your name and address for the record. Comments are to be limited to three minutes. • All remarks shall be addressed to Council, as a whole, and not to any individual member thereof. • No person shall be permitted to make slanderous, profane or personal remarks against any elected official, commission and/or staff. COUNCIL DECLARATION OF FUTURE AGENDA ITEMS A. CONSENT CALENDAR Unless an item is pulled for separate action by the City Council, the following actions are approved without discussion. A-1 APPROVAL OF MINUTES FOR THE REGULAR MEETING ON APRIL 28, 2003, AND BUDGET WORKSHOP ON MAY 8, 2003; (ADMINISTRATION) RECOMMENDATION: Approve as submitted. A-2 INVESTMENT REPORT FOR APRIL 2003; (FINANCE) RECOMMENDATION: Receive for information. A-3 RESOLUTION NO. 30-03 ADOPTING BUDGET FOR FISCAL YEAR 2003- 2004; (FINANCE) RECOMMENDATION: Adopt Resolution No. 30-03. 2 A-4 RESOLUTION NO. 31-03 ESTABLISHING ANNUAL PROPOSITION 4 APPROPRIATIONS LIMIT FOR FISCAL YEAR 2003-2004; (FINANCE) RECOMMENDATION: Adopt Resolution No. 31-03. A-5 STATUS REPORT ON HIGHWAY I/HIGHWAY 41 ROUNDABOUT FUNDING PROCESS; (PUBLIC SERVICES) RECOMMENDATION: Receive for information. A-6 APPROVAL OF CONTRACT WITH SAIC FOR WATERFRONT BOARDWALK ENVIRONMENTAL ANALYSIS; (PUBLIC SERVICES) RECOMMENDATION: Approve entering into contract with SAIC and authorize City Council to allocate monies from Harbor fund unallocated reserves. A-7 APPROVAL OF COMPLETION OF PROJECT FOR THE PRIMARY CLARIFIER DRIVE UNIT REPLACEMENT; (PUBLIC SERVICES) RECOMMENDATION: Accept the project as completed by Special Services Contractors, Inc. ® A-8 RESOLUTION NO. 32-03 APPROVING A 22-YEAR LEASE AGREEMENT FOR LEASE SITE 52/52W LOCATED AT 495 EMBARCADERO BETWEEN THE CITY OF MORRO BAY AND ASSOCIATED PACIFIC CONSTRUCTORS, INC; (HARBOR) RECOMMENDATION: Adopt Resolution No. 32-03. A-9 RESOLUTION NO. 33-03 APPROVING A 10-YEAR LEASE AGREEMENT FOR MOORING ZONE A1-3, LOCATED AT OFFSHORE OF 541 EMBARCADERO BETWEEN THE CITY OF MORRO BAY AND THE MORRO BAY YACHT CLUB; (HARBOR) RECOMMENDATION: Adopt Resolution No. 33-03. A-10 RESOLUTION NO. 34-03 APPROVING AN ASSIGNMENT OF THE LEASE AGREEMENT FOR LEASE SITE 34 W, LOCATED AT 225 MAIN ST. (WATER AREA), FROM THE MARASLEK PARTNERSHIP TO NORMAN ARNOLD; (HARBOR) RECOMMENDATION: Adopt Resolution No. 34-03. DI 3 ® A-11 PROCLAMATION DECLARING JUNE 2 & 3, 2003 AS "SPECIAL OLYMPICS LAW ENFORCEMENT TORCH RUN DAY", - (ADMINISTRATION) RECOMMENDATION: Adopt Proclamation. B. PUBLIC HEARINGS. REPORTS & APPEARANCES B-1 RESOLUTION NO. 28-03 DECLARING THE CITY'S INTENTION TO LEVY THE ANNUAL ASSESSMENT FOR THE MAINTENANCE OF THE CLOISTERS PARK AND OPEN SPACE AND APPROVAL OF THE ENGINEERS REPORT; (RECREATION & PARKS) RECOMMENDATION: Adopt Resolution No. 28-03. B-2 RESOLUTION NO. 29-03 DECLARING THE CITY'S INTENTION TO LEVY THE ANNUAL ASSESSMENT FOR THE MAINTENANCE OF THE NORTH POINT NATURAL AREA AND APPROVAL OF THE ENGINEERS REPORT; (RECREATION & PARKS) RECOMMENDATION: Adopt Resolution No. 29-03. C. UNFINISHED BUSINESS ® C-1 DISCUSSION OF TROLLEY ISSUES PERTAINING TO OPERATIONS, CHARTERS AND REFURBISHING OLD TROLLEY; (ADMINISTRATION) RECOMMENDATION: Discuss and direct staff accordingly. C-2 DOCUMENT MANAGEMENT AND IMAGING SYSTEM REQUEST FOR PROPOSALS; (ADMINISTRATION) RECOMMENDATION: Approve staff recommendation. D. NEW BUSINESS D-1 AUTHORIZATION TO PROCEED WITH TIDELANDS PARK LIGHT BOLLARDS PROJECT DURING THE SUMMER 2003 SEASON; (RECREATION & PARKS) RECOMMENDATION: This item has been pulled from the agenda. D-2 COUNCILMEMBER REQUEST TO DISCUSS SCHEDULING A JOINT MEETING WITH THE PUBLIC WORKS ADVISORY BOARD ® RECOMMENDATION: Discuss and direct staff accordingly. E 0 E. ADJOURNMENT THIS AGENDA IS SUBJECT TO AMENDMENT UP TO 72 HOURS PRIOR TO THE DATE AND TIME SET FOR THE MEETING. PLEASE REFER TO THE AGENDA POSTED AT CITY HALL FOR ANY REVISIONS OR CALL THE CLERK'S OFFICE AT 772-6200 FOR FURTHER INFORMATION. ® COPIES OF STAFF REPORTS OR OTHER PUBLIC DOCUMENTATION RELATING TO EACH ITEM OF BUSINESS REFERRED TO ON THIS AGENDA ARE ON FILE IN THE OFFICE OF THE CITY CLERK AND AVAILABLE FOR PUBLIC INSPECTION AND REPRODUCTION AT COST AT CITY HALL, LIBRARY, AND MILLS STATIONERY. IN COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT, IF YOU NEED SPECIAL ASSISTANCE TO PARTICIPATE IN A CITY MEETING, PLEASE CONTACT THE CITY CLERK'S OFFICE AT LEAST 24 HOURS PRIOR TO THE MEETING TO INSURE THAT REASONABLE ARRANGEMENTS CAN BE MADE TO PROVIDE ACCESSIBILITY TO THE MEETING. 5 ® MINUTES - MORRO BAY CITY COUNCIL CLOSED SESSION — MAY 27, 2003 CITY HALL CONFERENCE ROOM - 5:00 P.M. Mayor Yates called the meeting to order at 5:00 p.m PRESENT: William Yates Mayor Dave Elliott Councilmember William Peirce Councilmember Janice Peters Councilmember Betty Winholtz Councilmember STAFF: Robert Hendrix City Manager CLOSED SESSION MOTION: Councilmember Peirce moved the meeting be adjourned to Closed Session. The motion was seconded by Councilmember Peters and unanimously carried. (5-0) Mayor Yates read the Closed Session Statement. CS-1 GOVERNMENT CODE SECTION 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 30W- 33W Negotiating Parties: Jay and Mereline Coakley (Morro Bay Fuel Dock), and the City Negotiations: Lease Terms and Conditions. The meeting adjourned to Closed Session at 5:00 p.m. and returned to regular session at 5:25 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 5:25 p.m. E ® MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING — MAY 27, 2003 VETERANS MEMORIAL HALL - 6:00 P.M. Mayor Yates called the meeting to order at 6:00 p.m PRESENT: William Yates Mayor Dave Elliott Councilmember William Peirce Councilmember Janice Peters Councilmember Betty Winholtz Councilmember STAFF: Robert Hendrix City Manager Bridgett Bauer City Clerk Rick Algert Harbor Director Bill Boucher Capital Projects Manager Janeen Burlingame Management Analyst Frank Cunningham City Engineer Jeff Jones Fire Chief Jim Koser Finance Director Joe Loven Police Chief Andrea Lueker Recreation & Parks Director O ESTABLISH QUORUM AND CALL TO ORDER MOMENT OF SILENCE PLEDGE OF ALLEGIANCE MAYOR'S REPORTS & ANNOUNCEMENTS CLOSED SESSION REPORT - City Manager Robert Hendrix reported the City Council met in Closed Session, and no reportable action under the Brown Act was taken. PUBLIC COMMENT Hank Roth thanked the City for the street work that is taking place in the City. Dannie Tope addressed Item C-I (Discussion of Trolley Issues Pertaining to Operations, Charters and Refurbishing Old Trolley) stating she would like trolley routes one and two implemented as an attraction to the City. Stan House addressed the ban of people on Atascadero State Beach from Cloisters to the Atascadero State Beach Campground. Ken Vesterfelt also addressed the ban of people on the beach, and asked about the status on the request to de -list the snowy plover from the endangered species list. He said the recent car show was a great success. ® MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING — MAY 27, 2003 Chuck Meissner addressed the expansion that is taking place on the Embarcadero, and the need for more parking. Bill Woodson commented on the annual budget adopted by the City Council. Norman Reich acknowledged the law enforcements participation in this year's Special Olympics. Melody DeMeritt, Public Works Advisory Board Member, stated a joint City Council/Public Works Advisory Board meeting would be helpful. As a private citizen, she noticed there are no recycle containers to dispose recyclables throughout the City. Ms. DeMeritt also discussed some conflicts that take place on the Planning Commission. Norman Taggart stated the current water bills are offensive by stating "previous balance due immediately" and would like them to be changed. Jeff O'Dell referred to the City Housing Element and made a suggestion that annexation of surrounding land be considered in the update of this Element. ® Jay Coakley stated he is available to answer questions on the proposed lease terms for the Morro Bay Fuel Dock. Bill Davies referred to recent articles in newspapers relating to actions taken by various planning commissions in the county. The following people expressed opposition to a roundabout located at Highway 41/Main Street/Highway 1: Bill Quigley, Ann Reeves, Kim Lewis, and Dave Eckels. Mayor Yates closed the hearing for public comment. Mayor Yates called for a break at 7:00 p.m.; the meeting resumed at 7:10 p.m. DECLARATION OF FUTURE AGENDA ITEMS Councilmember Elliott requested to agendize the discussion of the street -end property located at Morro Elementary; and, also discussion on the purchase of street encroachment permits. Councilmember Winholtz requested to agendize the discussion of upgrading the Wastewater Treatment Plant and increasing sewer fees. n ® MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING — MAY 27, 2003 Councilmember Peters requested to agendize the discussion of updating the Destination 2000 report. Mayor Yates requested to agendize the discussion of the following items: the timeliness of assignments of staff; an update on Council policy; an update on the State Park/Snowy Plover issue; and the annexation of surrounding land. A. CONSENT CALENDAR Unless an item is pulled for separate action by the City Council, the following actions are approved without discussion. A-1 APPROVAL OF MINUTES FOR THE REGULAR MEETING ON APRIL 28, 2003, AND BUDGET WORKSHOP ON MAY 8, 2003; (ADMINISTRATION) RECOMMENDATION: Approve as submitted. A-2 INVESTMENT REPORT FOR APRIL 2003; (FINANCE) ® RECOMMENDATION: Receive for information. A-3 RESOLUTION NO. 30-03 ADOPTING BUDGET FOR FISCAL YEAR 2003- 2004; (FINANCE) RECOMMENDATION: Adopt Resolution No. 30-03. A4 RESOLUTION NO. 31-03 ESTABLISHING ANNUAL PROPOSITION 4 APPROPRIATIONS LIMIT FOR FISCAL YEAR 2003-2004; (FINANCE) RECOMMENDATION: Adopt Resolution No. 31-03. . A-5 STATUS REPORT ON HIGHWAY IIHIGHWAY 41 ROUNDABOUT FUNDING PROCESS; (PUBLIC SERVICES) RECOMMENDATION: Receive for information. 4 ® MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - MAY 27, 2003 A-6 APPROVAL OF CONTRACT WITH SAIC FOR WATERFRONT BOARDWALK ENVIRONMENTAL ANALYSIS; (PUBLIC SERVICES) RECOMMENDATION: Approve entering into contract with SAIC and authorize City Council to allocate monies from Harbor fund unallocated reserves. A-7 APPROVAL OF COMPLETION OF PROJECT FOR THE PRIMARY CLARIFIER DRIVE UNIT REPLACEMENT; (PUBLIC SERVICES) RECOMMENDATION: Accept the project as completed by Special Services Contractors, Inc. A-8 RESOLUTION NO. 32-03. APPROVING A 22-YEAR LEASE AGREEMENT FOR LEASE SITE 52/52W LOCATED AT 495 EMBARCADERO BETWEEN THE CITY OF MORRO BAY AND ASSOCIATED PACIFIC CONSTRUCTORS, INC; (HARBOR) ® RECOMMENDATION: Adopt Resolution No. 32-03. A-9 RESOLUTION NO. 33-03 APPROVING A 10-YEAR LEASE AGREEMENT FOR MOORING ZONE AI-3, LOCATED AT OFFSHORE OF 541 EMBARCADERO BETWEEN THE CITY OF MORRO BAY AND THE MORRO BAY YACHT CLUB; (HARBOR) RECOMMENDATION: Adopt Resolution No. 33-03. A-10 RESOLUTION NO. 34-03 APPROVING AN ASSIGNMENT OF THE LEASE AGREEMENT FOR LEASE SITE 34W, LOCATED AT 225 MAIN ST. (WATER AREA), FROM THE MARASLEK PARTNERSHIP TO NORMAN ARNOLD; (HARBOR) RECOMMENDATION: Adopt Resolution No. 34-03. A-11 PROCLAMATION DECLARING JUNE 2 & 3, 2003 AS "SPECIAL OLYMPICS - LAW ENFORCEMENT TORCH RUN DAY"; (ADMINISTRATION) RECOMMENDATION: Adopt Proclamation. 5 ® MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING — MAY 27, 2003 Mayor Yates pulled Item A-1 from the Consent Calendar; Councilmember Winholtz pulled Items A-3 and A-5; and Councilmember Peirce pulled Item A-9. MOTION: Councilmember Peirce moved the City Council approve the Consent Calendar with the exception of Items A-1, A-3, A-5 and A-9. The motion was seconded by Councilmember Peters and carried unanimously. (5-0) A-1 APPROVAL OF MINUTES FOR THE REGULAR MEETING ON APRIL 28, 2003, AND BUDGET WORKSHOP ON MAY 8, 2003; (ADMINISTRATION) Mayor Yates pulled the minutes of the budget workshop on May 8, 2003 in order to amend the motion he made to approve the budget for fiscal year 2003-2004 and 2004-2005. Councilmember Peirce stated he would vote in opposition because he does not recall the second budget year included in the motion. MOTION: Councilmember Elliott moved the City Council approve Item A-1 of the Consent Calendar. The motion was seconded by Councilmember Winholtz ® and carried with Councilmember Peirce voting no. (4-1) A-3 RESOLUTION NO. 30-03 ADOPTING BUDGET FOR FISCAL YEAR 2003- 2004; (FINANCE) lJ Councilmember Winholtz noted this is a deficit budget that she opposed during the budget hearing; however, she will vote in favor of the resolution tonight with the acknowledgement that she will not do this again. Councilmember Elliott stated fiscal year 2004-2005 should be included in this resolution. Mayor Yates stated he supports adding fiscal year 2004-2005 in this resolution. MOTION: Councilmember Peters moved the City Council adopt Resolution No. 30-03 adopting the budget for fiscal year 2003-2004. The motion was seconded by Councilmember Winholtz and carried with Councilmember Elliott and Mayor Yates voting no. (3-2) 2 ® MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING — MAY 27, 2003 A-5 STATUS REPORT ON HIGHWAY 1/HIGHWAY 41 ROUNDABOUT FUNDING PROCESS; (PUBLIC SERVICES) Councilmember Winholtz requested staff clarification on this item. Capital Projects Manager Bill Boucher reviewed the funding process of the proposed roundabout. This was an informational item and no action was taken. A-9 RESOLUTION NO. 33-03 APPROVING A 10-YEAR LEASE AGREEMENT FOR MOORING ZONE Al-3, LOCATED AT OFFSHORE OF 541 EMBARCADERO BETWEEN THE CITY OF MORRO BAY AND THE MORRO BAY YACHT CLUB; (HARBOR) Councilmember Peirce stated he would be stepping down from discussion on this item due to a conflict of interest. ® MOTION: Councilmember Winholtz moved the City Council approve Item A-9 of the Consent Calendar. The motion was seconded by Councilmember Peters and carried with Councilmember Peirce abstaining. (4-0-1) Mayor Yates called for a break at 8:10 p.m.; the meeting resumed at 8:20 p.m. B. PUBLIC HEARINGS. REPORTS & APPEARANCES B-1 RESOLUTION NO. 28-03 DECLARING THE CITY'S INTENTION TO LEVY THE ANNUAL ASSESSMENT FOR THE MAINTENANCE OF THE CLOISTERS PARK AND OPEN SPACE AND APPROVAL OF THE ENGINEERS REPORT; (RECREATION & PARKS) Recreation & Parks Director Andrea Lueker stated on April 28, 2003, the City Council adopted Resolution No. 25-03 which initiated the proceedings to levy the annual assessment to fund the maintenance of the Cloisters Park and Open Space. Additionally, staff was directed to have an Engineers Report prepared, detailing the estimated annual assessment for the parcel owners for fiscal year 2003-2004. Upon adoption of Resolution No. 28-03, the next and final step in the annual levy of assessment process is the protest hearing/public hearing after which the City Council actually orders the levy of assessment. Based on the Engineers Report, which estimates the annual costs of maintaining the Cloisters Park and Open Space for the upcoming year, the fiscal impact ® is estimated at $148,944. These costs will be offset by the collection of an assessment for 7 ® MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING — MAY 27, 2003 the same amount from the parcel owners in the Cloisters Subdivision. Ms. Lueker recommended the City Council adopt Resolution No. 28-03 declaring the intent to levy the annual assessment for the maintenance of the Cloisters Park and Open Space and approving the Engineers Report. Mayor Yates opened the hearing for public comment. Freeman Hall stated it is not fair to charge assessment fees to the Cloisters homeowners when people who come from outside the housing development mostly use the park. He recommended the City Council consider a five-year phase out of the assessment fee. Stan House stated the City should maintain the current practice of charging assessment fees for maintenance of the park since the homeowners were aware of it when they purchased property in this subdivision. Mayor Yates closed the public comment hearing. Councilmember Elliott stated he is opposed to this assessment or any assessment fee for a park used by the public in general. He said there would be no assessment fee if this were ® an open space area. Councilmember Elliott stated the City required this park and should maintain it as a City park. Councilmember Winholtz stated she supports the assessment fee. Mayor Yates stated he supports the consideration of a five-year phase out of the assessment fee. Councilmember Peters stated it is frustrating that there is not a consensus of the Cloisters homeowners on this issue. She said. she has no objection in considering an alternative maintenance program suggested by the homeowners, but until then she supports the assessment fee. Councilmember Peirce stated there are homeowners who are in support of the assessment fee, and those who are not. He said he would support the assessment fee because that is what was approved from the start. MOTION: Councilmember Peters moved the City Council adopt Resolution No. 28-03 declaring the intent to levy the annual assessment for the maintenance of the Cloisters Park and Open Space and approving the Engineers Report. The motion was seconded by Councilmember Winholtz and carried with Councilmember Elliott and Mayor Yates voting no. (3-2) I ® MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING — MAY 27, 2003 B-2 RESOLUTION NO. 29-03 DECLARING THE CITY'S INTENTION TO LEVY THE ANNUAL ASSESSMENT FOR THE MAINTENANCE OF THE NORTH POINT NATURAL AREA AND APPROVAL OF THE ENGINEERS REPORT; (RECREATION & PARKS) Recreation & Parks Director Andrea Lueker stated on April 28, 2003, the City Council adopted Resolution No. 26-03 which initiated the proceedings to levy the annual assessment to fund the maintenance of the North Point Natural Area. Additionally, staff was directed to have an Engineers Report prepared, detailing the estimated annual assessment for the parcel owners for fiscal year 2003-2004. Upon adoption of Resolution No. 29-03, the next and final step in the annual levy of assessment process is the protest hearing/public hearing after which the City Council actually orders the. levy of assessment. Based on the Engineers Report, which estimates the annual costs of maintaining the North Point Natural Area for the upcoming year, the fiscal impact is estimated at $5,645. These costs will be offset by the collection of an assessment for the same amount from the parcel owners in the North Point Subdivision. Ms. Lueker recommended the City Council adopt Resolution No. 29-03 declaring the intent to levy ® the annual assessment for the maintenance of the North Point Natural Area and approving the Engineers Report. Mayor Yates opened the hearing for public comment; there were no comments and the public comment hearing was closed. Councilmember Elliott expressed opposition to this assessment fee. MOTION: Councilmember Winholtz moved the City Council adopt Resolution No. 29-03 declaring the intent to levy the annual assessment for the maintenance of the North Point Natural Area and approving the Engineers Report. The motion was seconded by Councilmember Peters and carried with Councilmember Elliott and Mayor Yates voting no. (3-2) C. UNFINISHED BUSINESS C-1 DISCUSSION OF TROLLEY ISSUES PERTAINING TO OPERATIONS, CHARTERS AND REFURBISHING OLD TROLLEY; (ADMINISTRATION) Management Analyst Janeen Burlingame reviewed the following trolley issues: 1) Morro Bay State Campground closure; 2) Friday and Saturday evening hours; and 3) Charter service. She recommended.the following: 1) authorize staff to cease providing trolley service to the Museum of Natural History stop after 5:00 p.m. on Fridays, Saturdays, ® MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING — MAY 27, 2003 Sundays and holidays for the duration of time the Morro Bay State Park Campground is closed for its renovation project; 2) authorize staff to reduce the evening hours of service on Fridays by two hours and Saturdays by three hours; 3) direct staff to discontinue offering charter service in order to ensure compliance with Federal Transit Administration regulations; and 4) place an item on a future agenda in June or July to discuss the disposition or refurbishment of the 1985 trolley. MOTION: Councilmember Peters moved the City Council: 1) approve staff recommendation #1 to cease providing trolley service to the Museum of Natural History stop after 5:00 p.m. on Fridays, Saturdays, Sundays and holidays for the duration of time the Morro Bay State Park Campground is closed for its renovation project; 2) maintain the current evening hours of service on Fridays and Saturdays; 3) do not discontinue offering charter service; and 4) return to Council with information on the refurbishment of the 1985 trolley. The motion was seconded by Councilmember Elliott and carried unanimously. (5-0) ® C-2 DOCUMENT MANAGEMENT AND IMAGING SYSTEM REQUEST FOR PROPOSALS; (ADMINISTRATION) Management Analyst Janeen Burlingame stated last December Council directed staff to research cataloging and easy to search software for the City's records with priority to official resolutions and eventual expansion to include all City records. After staffs research of, discussion with and demonstrations from various vendors, Council authorized staff to request quotations from viable vendors, finalize a vendor selection, refine cost information associated with components of the project, and bring back a recommendation to Council. In April 2003, staff solicited sealed proposals for a document management and imaging system to automate storage and retrieval of official City documents in an effort to increase the speed of access to information, provide simultaneous access to documents by multiple users, increase research capabilities on documents, facilitate requests for public records more expeditiously, and reduce or eliminate redundant collection and filing of documents. Ms. Burlingame recommended the City Council direct staff to investigate the document management capabilities in the City's GroupWise software and return to Council with either an update on implementation of the existing document management software within GroupWise; or, award the Document Management and Imaging System Request for Proposals (RFP). Ms. Burlingame also recommended the City Council allow for additional time regarding the 220 Atascadero Road RFP in order to develop a strategy for dealing with the issues affecting the storage and disposition of the City's inactive records. 10 ® MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING — MAY 27, 2003 MOTION: Councilmember Peirce moved the City Council: 1) direct the City Manager that no additional storage of city records will take place at 220 Atascadero Road; 2) that a proposed Request for Proposals will be submitted to City Council relating to Flippo's no later than June 23, 2003; 3) direct the City Manager to contract with DocuTeam in San Luis Obispo and arrange for full utilization of their services relating to city records located at 220 Atascadero Road; 4) continue investigation of city document management and return to Council for review no later than June 23, 2003; and 5) arrange for disposal of physical property located at 220 Atascadero Road. The motion was seconded by Councilmember Peters and carried unanimously. (5-0) D. NEW BUSINESS D-1 AUTHORIZATION TO PROCEED WITH TIDELANDS PARK LIGHT BOLLARDS PROJECT DURING THE SUMMER 2003 SEASON; (RECREATION & PARKS) ® This item was pulled from the agenda. D-2 COUNCILMEMBER REQUEST TO DISCUSS SCHEDULING A JOINT MEETING WITH THE PUBLIC WORKS ADVISORY BOARD The City Council scheduled a joint meeting with the Public Works Advisory Board for July 14, 2003. ADJOURNMENT The meeting adjourned at 10:27 pm Recorded by: Bridgett Bauer City Clerk 2 11 0 NOTICE OF SPECIAL MEETING NOTICE IS HEREBY GIVEN that the Morro Bay City Council will be holding a Special Joint Meeting with the Morro Bay Planning Commission on Monday, May 19, 2003 at 6:00 a.m. to be held in the Veterans' Memorial Building, 209 Surf Street, Morro Bay, California. This meeting is pursuant to Morro Bay Municipal Code Section 2.28.120(D) wherein the Planning Commission shall meet with the City Council twice ® each year to discuss proposed policies, programs, goals and objectives, budgeting, future planning, or any other planning matter requiring joint deliberation. DATED: May 14, 2003 Bridgett E14uer, City Clerk DI 0 NOTICE OF BUDGET WORKSHOP NOTICE IS IIEREBY GIVEN that the Morro Bay City Council will be holding a Budget Workshop on Thursday, May 8, 2003 at 6:00 p.m. to be held in the Community Center Multi Purpose Room, 1001 Kennedy Way, Morro Bay, California. The City Council will be receiving a presentation of the proposed Fiscal Year 2003/2005 Budget. The City Council will also be considering the Ratification of the ® Cancellation of the May 12, 2003 City Council Meeting. DATED: May 5, 2003 Bridgett BaYter, City Clerk D, I ® MINUTES - MORRO BAY CITY COUNCIL BUDGET WORKSHOP — MAY 8, 2003 MORRO BAY COMMUNITY CENTER - 6:00 P.M. Mayor Yates called the meeting to order at 6:00 p.m PRESENT: William Yates Mayor Dave Elliott Councilmember William Peirce Councilmember Janice Peters Councilmember Betty Winholtz Councilmember STAFF: Robert Hendrix City Manager Jim Koser Finance Director City Manager Robert Hendrix discussed the City Council Priorities and how they were incorporated into the budget process. Finance Director Jim Koser introduced the proposed budget for fiscal year 2003-2004. The City Council discussed the proposed budget, and made changes by increasing the Visitors Center budget by $10,000 for operational services, and an additional $10,000 for printer equipment. The Community Promotions budget was increased by $14365. ® Councilmember Winholtz expressed opposition to these increases because it put the budget out of balance by not specifically identifying where the money would come from other than dipping into the reserves, and because all other areas were taking a 4% cut below last year and this would be adding more than a 6% increase above last year. MOTION: Mayor Yates moved the City Council approve the budget for fiscal years 2003-2004 and 2004-2005 with the amendments to the Visitors Center and Community Promotions budgets. The motion was seconded by Councilmember Elliott and carried with Councilmember Winholtz voting no. (4-1) MOTION: Councilmember Elliott moved the City Council cancel the regularly scheduled City Council meeting of May 12, 2003. The motion was seconded by Councilmember Peirce and carried with Councilmember Winholtz voting no. (4-1) The meeting adjourned at 7:15 p.m. ® City of Morro Bay City Council Agenda Mission Statement The City of Morro Bay is dedicated to the preservation and enhancement of the quality of life. The City shall be committed to this purpose and will provide a level of municipal service and safety consistent with and responsive to the needs of the public. REGULAR MEETING — APRIL 28, 2003 CLOSED SESSION — APRIL 28, 2003 CITY HALL CONFERENCE ROOM - 5:00 P.M. 595 HARBOR ST., MORRO BAY, CA CS-1 GOVERNMENT CODE SECTION 54956.8: REAL PROPERTY TRANSACTIONS. Instructing City's Real Property Negotiator regarding the price and terms of payment for the purchase, sale, exchange, or lease of real property as to two (2) parcels. ® • Property: Embarcadero and Market Street Negotiating Parties: Seibert and the City Negotiations: Purchase Terms and Conditions. Property: Cerritos Peak and Jordan Terrace Negotiating Parties: Dan Reddell and the City Negotiations: Purchase and Sale. CS-2 GOVERNMENT CODE SECTION 54956.9(b): CONFERENCE WITH LEGAL COUNSEL DUE TO ANTICIPATED LITIGATION. Significant exposure to litigation exists based upon existing facts and the advice of legal counsel as to one (1) matter. City of Morro Bay vs. California State Parks and Fish and Wildlife Service CS-3 GOVERNMENT CODE SECTION 54957.6: CONFERENCE WITH LABOR NEGOTIATOR. Conference with the City Manager, the City's Designated Representative, for the purpose of reviewing the City's position regarding salaries, salary schedules, or compensation paid in the form of fringe benefits, and giving instruction to the Designated Representative. IT IS NOTED THAT THE CONTENTS OF CLOSED SESSION MEETINGS ® ARE CONFIDENTIAL AND EXEMPT FROM DISCLOSURE. PUBLIC SESSION — APRIL 28, 2003 ® VETERANS MEMORIAL HALL - 6:00 P.M. 209 SURF ST., MORRO BAY, CA ESTABLISH QUORUM AND CALL TO ORDER MOMENT OF SILENCE PLEDGE OF ALLEGIANCE MAYOR AND COUNCILMEMBERS ANNOUNCEMENTS & PRESENTATIONS CLOSED SESSION REPORT PUBLIC COMMENT PERIOD - Members of the audience wishing to address the Council on City business matters (other than Public Hearing items under Section B) may do so at this time. To increase the effectiveness of the Public Comment Period, the following rules shall be followed: • When recognized by the Mayor, please come forward to the podium and state your name and address for the record. Comments are, to be limited to three minutes. • All remarks shall be addressed to Council, as a whole, and not to any individual member thereof. ® • No person shall be permitted to make slanderous, profane or personal remarks against any elected official, commission and/or staff. COUNCIL DECLARATION OF FUTURE AGENDA ITEMS 11 A. CONSENT CALENDAR Unless an item is pulled for separate action by the City Council, the following actions are approved without discussion. A-1 APPROVAL OF MINUTES FOR THE REGULAR MEETING OF APRIL 14, 2003; (ADMINISTRATION) RECOMMENDATION: Approve as submitted. A-2 STATEMENT OF CASH & INVESTMENTS — MARCH 2O03; (FINANCE) RECOMMENDATION: Receive for information. A-3 RESOLUTION NO. 24-03 ADOPTING THREE-YEAR AGREEMENT WITH COUNTY ANIMAL CONTROL SERVICES; (POLICE) RECOMMENDATION: Adopt Resolution No. 24-03. 2 A-4 RESOLUTION NO. 21-03 AUTHORIZING THE FILING OF A POLICE ® DEPARTMENT CODE ENFORCEMENT GRANT APPLICATION FROM THE CALIFORNIA DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT; (POLICE) RECOMMENDATION: Adopt Resolution No. 21-03. A-5 RESOLUTION NO. 27-03 IN OPPOSITION TO THE FORMATION OF A MARINE SANCTUARY; (HARBOR) RECOMMENDATION: Adopt Resolution No. 27-03. A-6 APPROVAL OF CONSULTANT CONTRACT FOR DESIGN OF BLANCA STREET TANK REPLACEMENT PROJECT; (PUBLIC SERVICES) RECOMMENDATION: Approve the Contract for Design and Construction Services with Applied Engineering. A-7 DESIGNATION OF COUNCILMEMBER PETERS AS VOTING DELEGATE FOR A SPECIAL MEETING OF THE LEAGUE OF CALIFORNIA CITIES GENERAL ASSEMBLY; (ADMINISTRATION) RECOMMENDATION: Designate Councilmember Peters as Voting Delegate at League of California Cities Special Meeting. ® A-8 PROCLAMATION DECLARING MAY 2003 AS ."MORRO BAY VOLUNTEER MONTH ;(RECREATION & PARKS) RECOMMENDATION: Adopt Proclamation. ADDED: A-9 REPORT ON JOINT CITY COUNCIL/PLANNING COMMISSION MEETING; (PUBLIC SERVICES) RECOMMENDATION: The Planning Commission requests the City Council consider that a joint meeting take place at the regularly scheduled Planning Commission meeting on May 19, 2003 at 6:00 p.m. at the Veterans' Memorial Building. B. PUBLIC HEARINGS. REPORTS & APPEARANCES B-1 RESOLUTION NO. 25-03 DIRECTING THE PREPARATION OF AN ENGINEERS REPORT FOR LEVY OF THE ANNUAL ASSESSMENT FOR THE CLOISTERS PARK AND OPEN SPACE LANDSCAPING AND LIGHTING MAINTENANCE ASSESSMENT DISTRICT; (RECREATION & ® PARKS) RECOMMENDATION: Adopt Resolution No. 25-03. 3 ® B-2 RESOLUTION NO. 26-03 DIRECTING THE PREPARATION OF AN ENGINEERS REPORT FOR LEVY OF THE ANNUAL ASSESSMENT FOR THE NORTH POINT NATURAL AREA LANDSCAPING AND LIGHTING MAINTENANCE ASSESSMENT DISTRICT; (RECREATION & PARKS) RECOMMENDATION: Adopt Resolution No. 26-03. C. UNFINISHED BUSINESS — NONE. D. NEW BUSINESS D-I REMOVAL AND REPLACEMENT POLICY ON RIGHT-OF-WAY TREES; (PUBLIC SERVICES) RECOMMENDATION: Discuss and direct staff accordingly. D-2 DISCUSSION OF TROLLEY 2003 SEASON; (ADMINISTRATION) RECOMMENDATION: Consider starting the Trolley 2003 Season three weeks early, and direct staff to implement the early service start with a modified service schedule. D-3 REPORT ON RESTARTING THE FACADE IMPROVEMENT LOAN ® PROGRAM; (ADMINISTRATION) RECOMMENDATION: Discuss and direct staff accordingly. D-4 REPORT ON LIBRARY REORGANIZATION; (CITY COUNCIL) RECOMMENDATION: Discuss and direct staff accordingly. D-5 POLICY ON EX PARTE CONTRACT; (CITY COUNCIL) 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. E ® MINUTES - MORRO BAY CITY COUNCIL CLOSED SESSION — APRIL 28, 2003 CITY HALL CONFERENCE ROOM - 5:00 P.M. Mayor Yates called the meeting to order at 5:00 p.m PRESENT: William Yates Mayor Dave Elliott Councilmember William Peirce Councilmember Janice Peters Councilmember Betty Winholtz Councilmember STAFF: Robert Hendrix City Manager Robert Schultz City Attorney CLOSED SESSION MOTION: Councilmember Peirce moved the meeting be adjourned to Closed Session. The motion was seconded by Councilmember Peters and unanimously carried. (5-0) Mayor Yates read the Closed Session Statement. ® CS-1 GOVERNMENT CODE SECTION 54956.8: REAL PROPERTY TRANSACTIONS. Instructing City's Real Property Negotiator regarding the price and terms of payment for the purchase, sale, exchange, or lease of real property as to two (2) parcels: • Property: Embarcadero and Market Street Negotiating Parties: Seibert and the City Negotiations: Purchase Terms and Conditions. • Property: Cerritos Peak and Jordan Terrace Negotiating Parties: Dan Reddell and the City Negotiations: Purchase and Sale. CS-2 GOVERNMENT CODE SECTION 54956.9(b); CONFERENCE WITH LEGAL COUNSEL DUE TO ANTICIPATED LITIGATION. Significant exposure to litigation exists based upon existing facts and the advice of legal counsel as to one (1) matter. • City of Morro Bay vs. California State Parks and Fish and Wildlife Service CS-3 GOVERNMENT CODE SECTION 54957.6:. CONFERENCE WITH LABOR NEGOTIATOR. Conference with the City Manager, the City's Designated Representative, for the purpose of reviewing the City's position ® regarding salaries, salary schedules, or compensation paid in the form of fringe benefits, and giving instruction to the Designated Representative. 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 Peirce and unanimously carried. (5-0) The meeting adjourned at 5:55 p.m. El 2 ® MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING — APRIL 28, 2003 VETERANS MEMORIAL HALL - 6:00 P.M. Mayor Yates called the meeting to order at 6:00 p.m PRESENT: William Yates Mayor Dave Elliott Councilmember William Peirce Councilmember Janice Peters Councilmember Betty Winholtz Councilmember STAFF: Robert Hendrix City Manager Robert Schultz City Attorney Bridgett Bauer City Clerk Rick Algert Harbor Director Bruce Ambo Public Services Director Janeen Burlingame Administrative Analyst Frank Cunningham City Engineer Jeff Jones Fire Chief Joe Loven Police Chief Andrea Lueker Recreation & Parks Director Mike Pond Fire Captain ® ESTABLISH QUORUM AND CALL TO ORDER MOMENT OF SILENCE PLEDGE OF ALLEGIANCE MAYOR'S REPORTS & ANNOUNCEMENTS CLOSED SESSION REPORT - City Attorney Robert Schultz reported the City Council met in Closed Session, and no reportable action under the Brown Act was taken. PUBLIC COMMENT Lynda Merrill thanked the Chamber of Commerce for the Yard Sale Day. Ms. Merrill referred to Items B-1 and B-2 stating she is in support of assessment fees. She also requested the City publish the Closed Session agenda in the paper. Ms. Merrill addressed Item D4 (Report On Library Reorganization) and stated the City's help would be appreciated in the library reorganization. She also addressed Item D-5 (Policy On Ex Parte Contract) stating she supports Councilmember Winholtz' recommendation to create a policy on ex parte communications. Kim Kimball, Chamber of Commerce, stated the Yard Sale Day was a great success. She also noted that 4`" of July donations are welcome. Ms. Kimball stated the Irving Johnson ship is coming into the Morro Bay harbor on Friday, May 8 h. She also noted the Chamber Board of Directors support Council action on Item A-5 (Resolution in ® Opposition to the Formation of a Marine Sanctuary) El C u MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING — APRIL 28, 2003 Ken Vesterfelt announced the Cruisin' Car Show is scheduled for May 2, 3 & 4. Stan House shared pictures of the City's Arbor Day Celebration. Pat Mullen, Duke Energy, stated the California Energy Commission will be presenting a decision on the modernization project on Wednesday. He shared the schedule for the power plant units for Spring and Summer of this year. Roger Ewing addressed Item D-1 (Removal And Replacement Policy On Right -Of -Way Trees) stating with each new Council there is a new policy that causes inconsistency. Mr. Ewing suggested the policy require the replacement of two trees planted for one tree taken down. Nancy Castle invited the public to the Historical Society Quarterly Meeting on Sunday evening at the Grange Hall. She said the program will be include the review of old photos and identification for documentation. Mayor Yates closed the hearing for public comment. DECLARATION OF FUTURE AGENDA ITEMS Councilmember Winholtz requested to discuss scheduling a joint meeting with the Public Works Advisory Board. A. CONSENT CALENDAR Unless an item is pulled for separate action by the City Council, the following actions are approved without discussion. A -I APPROVAL OF MINUTES FOR THE REGULAR MEETING OF APRIL 14, 2003; (ADMINISTRATION) RECOMMENDATION: Approve as submitted. A-2 STATEMENT OF CASH & INVESTMENTS — MARCH 2O03; (FINANCE) RECOMMENDATION: Receive for information. ® MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING — APRIL 28, 2003 A-3 RESOLUTION NO. 24-03 ADOPTING THREE-YEAR AGREEMENT WITH COUNTY ANIMAL CONTROL SERVICES; (POLICE) RECOMMENDATION: Adopt Resolution No. 24-03. A-4 RESOLUTION NO. 21-03 AUTHORIZING THE FILING OF A POLICE DEPARTMENT CODE ENFORCEMENT GRANT APPLICATION FROM THE CALIFORNIA DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT; (POLICE) RECOMMENDATION: Adopt Resolution No. 21-03. A-5 RESOLUTION NO. 27-03 IN OPPOSITION TO THE FORMATION OF A MARINE SANCTUARY; (HARBOR) RECOMMENDATION: Adopt Resolution No. 27-03. A-6 APPROVAL OF CONSULTANT CONTRACT FOR DESIGN OF BLANCA STREET TANK REPLACEMENT PROJECT; (PUBLIC SERVICES) ® RECOMMENDATION: Approve the Contract for Design and Construction Services with Applied Engineering. A-7 DESIGNATION OF COUNCILMEMBER PETERS AS VOTING DELEGATE FOR A SPECIAL MEETING OF THE LEAGUE OF CALIFORNIA CITIES GENERAL ASSEMBLY; (ADMINISTRATION) RECOMMENDATION: Designate Councilmember Peters as Voting Delegate at League of California Cities Special Meeting. A-8 PROCLAMATION DECLARING MAY 2003 AS "MORRO BAY VOLUNTEER MONTH' ;(RECREATION & PARKS) RECOMMENDATION: Adopt Proclamation. A-9 REPORT ON JOINT CITY COUNCIL/PLANNING COMMISSION MEETING; (PUBLIC SERVICES) RECOMMENDATION: The Planning Commission requests the City Council consider that a joint meeting takes place at the regularly scheduled Planning Commission meeting on May 19, 2003 at 6:00 p.m. at the Veterans' o Memorial Building. k ® MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING — APRIL 28, 2003 Councilmember Peirce pulled Item A-3 from the Consent Calendar; Councilmember Winholtz pulled Items A-4 and A-5; Councilmember Peters pulled Item A-8; and Mayor Yates pulled Item A-9. MOTION: Councilmember Peirce moved the City Council approve the Consent Calendar with the exception of Items A-3, A-4, A-5, A-8 and A-9. The motion was seconded by Councilmember Winholtz and carried unanimously. (5-0) A-3 RESOLUTION NO. 24-03 ADOPTING THREE-YEAR AGREEMENT WITH COUNTY ANIMAL CONTROL SERVICES; (POLICE) Councilmember Peirce asked Chief Loven of the Police Department if he is satisfied with the services provided by the County Animal Control Division; Chief Loven responded in the affirmative. MOTION: Councilmember Peirce moved the City Council approve Item A-3 of the Consent Calendar. The motion was seconded by Councilmember Winholtz and carried unanimously. (5-0) ® A-4 RESOLUTION NO. 21-03 AUTHORIZING THE FILING OF A POLICE DEPARTMENT CODE ENFORCEMENT GRANT APPLICATION FROM THE CALIFORNIA DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT; (POLICE) u Councilmember Winholtz asked for clarification on the eligibility for Housing and Community Development grant programs. Chief Loven responded that this grant is specifically for funding capital assets that are used for purposes such as code enforcement. MOTION: Councilmember Winholtz moved the City Council approve Item A-4 of the Consent Calendar. The motion was seconded by Councilmember Peirce and carried unanimously. (5-0) A-5 RESOLUTION NO. 27-03 IN OPPOSITION TO THE FORMATION OF A MARINE SANCTUARY; (HARBOR) Councilmember Winholtz pulled this item in order to vote in opposition. MOTION: Councilmember Peirce moved the City Council approve Item A-5 of the Consent Calendar. The motion was seconded by Councilmember Elliott and carried with Councilmember Winholtz voting no. (4-1) R ® MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING — APRIL 28, 2003 A-8 PROCLAMATION DECLARING MAY 2003 AS "MORRO BAY VOLUNTEER MONTH"; (RECREATION &.PARKS) Councilmember Peters addressed this proclamation in order to honor and thank the volunteers of Morro Bay. MOTION: Councilmember Peters moved the City Council approve Item A-8 of the Consent Calendar. The motion was seconded by Councilmember Elliott and carried unanimously. (5-0) A-9 REPORT ON JOINT CITY COUNCIL/PLANNING COMMISSION MEETING; (PUBLIC SERVICES) Mayor Yates suggested the City Council invite the Planning Commission to a Council meeting. Councilmember Peters stated it is generally held during a Planning Commission meeting because they are shorter than City Council meetings. MOTION: Councilmember Peters moved the City Council schedule a joint meeting ® with the Planning Commission on May 19, 2003 prior to the regularly scheduled Planning Commission meeting. The motion was seconded by Councilmember Peirce and carried unanimously. (5-0) Mayor Yates called for a break at 6:50 p.m.; the meeting resumed at 7:00 p.m. B. PUBLIC HEARINGS. REPORTS & APPEARANCES B-I RESOLUTION NO. 25-03 DIRECTING THE PREPARATION OF AN ENGINEERS REPORT FOR LEVY OF THE ANNUAL ASSESSMENT FOR THE CLOISTERS PARK AND OPEN SPACE LANDSCAPING AND LIGHTING MAINTENANCE ASSESSMENT DISTRICT; (RECREATION & PARKS) Recreation & Parks Director Andrea Lueker stated on January 26, 1998, the City Council adopted Resolution No. 10-98 which accepted the public improvements for Cloisters Tract 1996. Although the public improvements were completed, the developer was responsible for their maintenance for the one-year warranty period, with the City taking over the maintenance of the area on January 26, 1999. After the initial formation of the assessment district, each year beginning in April/May, the City must hold a series of three public hearings to confirm the levy of assessment for the upcoming fiscal year. Upon adoption of Resolution No. 25-03, which initiates the proceedings to levy the annual ® assessment, an Engineer's Report will be prepared for review at the May 27, 2003 City 7 ® MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING — APRIL 28, 2003 Council meeting. The fiscal year 2002-2003 assessment provided $148,944 for the maintenance of the Cloisters Park and Open Space totaling 34 acres. Ms. Lueker recommended the City Council adopt Resolution No. 25-03 ordering the preparation of an Engineer's Report detailing the expenses projected for fiscal year 2003-2004 for the maintenance of the Cloisters Park and Open Space. Mayor Yates opened the hearing for public comment. Rodger Anderson stated property owners had full knowledge of the assessment district upon purchase of their homes. The maintenance may not be kept as well if the assessment district were abandoned. Mayor Yates closed the public comment hearing. Councilmember Elliott stated this process is fundamentally unfair. He is not in support of this assessment or any other assessment districts in the City. ® Councilmember Winholtz expressed support for ordering the preparation of an Engineer's Report relating to this assessment district. DI Councilmember Peters also expressed support, and stated as many people who are opposed to assessment districts there are equal number of people who support it because of the maintenance of the surrounding area. Councilmember Peirce stated the property owners were aware of the assessment district when purchasing their homes. Mayor Yates stated he would like a breakdown of the assessment. He said he is in opposition to the assessment district, and supports the City taking over the park. MOTION: Councilmember Peters moved the City Council adopt Resolution No. 25-03 ordering the preparation of an Engineer's Report detailing the expenses projected for fiscal year 2003-2004 for the maintenance of the Cloisters Park and Open Space. The motion was seconded by Councilmember Winholtz and carried with Councilmember Elliott and Mayor Yates voting no. (3-2) 0 ® MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING — APRIL 28, 2003 B-2 RESOLUTION NO. 26-03 DIRECTING THE PREPARATION OF AN ENGINEERS REPORT FOR LEVY OF THE ANNUAL ASSESSMENT FOR THE NORTH POINT NATURAL AREA LANDSCAPING AND LIGHTING MAINTENANCE ASSESSMENT DISTRICT; (RECREATION & PARKS) Recreation & Parks Director Andrea Lueker stated on December 9, 1996, the City Council adopted Resolution No. 89-96 which ordered the formation of the North Point Landscaping and Lighting Maintenance Assessment District and confirmed the yearly assessment of $5,645. On January 13, 1997, the City Council adopted Resolution No. 01-97 that approved and accepted the on and off -site improvements for Tract 2110. By adoption of Resolution No. 01-97, the City officially started the maintenance of the North Point Natural Area. After the initial formation of the assessment district, each year beginning in April/May, the City must hold a series of three public hearings to confirm the levy of assessment for the upcoming fiscal year. Upon adoption of Resolution No. 26-03, which initiates the proceedings to levy the annual assessment, an Engineer's Report will be prepared for the second public hearing scheduled for the May 27, 2003 City Council meeting. The fiscal year 2002-2003 assessment provided $5,645 for the maintenance of the North Point Natural Area. Ms. Lueker recommended the City ® Council adopt Resolution No. 26-03 ordering the preparation of an Engineer's Report detailing the expenses projected for fiscal year 2003-2004 for the maintenance of the North Point Natural Area. Mayor Yates opened the hearing for public comment; there were no comments and Mayor Yates closed the public comment hearing. Councilmember Winholtz stated the retaining wall should be maintained for safety reasons. Councilmember Elliott stated this process is fundamentally unfair. He said the property owners cannot access the beach from their properties. Councilmember Elliott stated he is not in support of this assessment or any other assessment districts in the City. Mayor Yates also expressed opposition to this assessment. He asked for a break down of this assessment. MOTION: Councilmember Peters moved the City Council adopt Resolution No. 26-03 ordering the preparation of an Engineer's Report detailing the expenses projected for fiscal year 2003-2004 for the maintenance of the North Point Natural Area. The motion was seconded by Councilmember Winholtz and carried with Councilmember Elliott and Mayor Yates voting no. (3-2) ® C. UNFINISHED BUSINESS —None. W ® MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING — APRIL 28, 2003 D. NEW BUSINESS D-1 REMOVAL AND REPLACEMENT POLICY ON RIGHT-OF-WAY TREES; (PUBLIC SERVICES) City Engineer Frank Cunningham stated on January 27, 2003, the City Council directed staff to return with a discussion item on the City's tree replacement policy on public right-of-ways. Currently, the City has a 1:1 tree replacement policy; however, the field ratio has been closer to 2/3:1 due to prohibitive constraints. To support the recommendation to initiate the administrative practice of planting trees in the right-of- way at off -site locations, staff suggests establishing a list of willing alternate sites to plant a replacement tree. Mr. Cunningham recommended the City Council make a public announcement asking residents interested in having a tree planted in front of their property to contact the City Public Services Department. The Public Services Department could then establish a first -come -first serve list for the option of planting a replacement tree in a suitable alternate off -site location. This will hopefully increase the ® percentage of replacement trees being planted with minimal staff time, and promote community support for the care and watering of the newly planted trees. Mayor Yates announced if anyone in the community is interested in planting a tree to contact the Public Services Department or himself. Councilmember Peirce stated North Main Street is in need of trees. He encouraged the City bring back the Adopt -a -Tree Program. Councilmember Peters stated it's time to catch up with replacing some of the trees lost from disease or due to their natural lifespan. Councilmember Winholtz recommended the replacement of trees be noticed on the water bill announcements. She said noticing should be required when a tree is being removed. Councilmember Elliott stated the tree replacement policy has not changed and has been enforced. He said this policy would require volunteer assistance because the City does not have the manpower. No action was taken on this item. 1 10 ® MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING — APRIL 28, 2003 D-2 DISCUSSION OF TROLLEY 2003 SEASON; (ADMINISTRATION) City Manager Robert Hendrix stated on April 14, 2003, the City Council directed staff to begin operation of the trolley on weekends only starting May 3, 2003. This would be three weeks earlier than the regularly scheduled Memorial Day weekend start. Additional expenditures resulting from starting the 2003 trolley season three weeks early are estimated at $2,599.86. These additional costs are not included in the existing Volley budget and would need to come from the general fund. Mr. Hendrix recommended the City Council consider the options for starting the trolley 2003 season three weeks early, and direct staff to implement the early service start with a modified service schedule. Councilmember Elliott stated the trolley season should begin every year on the first weekend in May during the Car Show, and the full route should be established. Councilmember Winholtz stated she supports the modified schedule recommended by staff. Councilmember Peters stated she also supports the modified schedule recommended by ® staff. She said she does not support hiring extra drivers for this particular weekend. Councilmember Peirce stated the full route should be established with both trolleys running. Mayor Yates agreed with Councilmember Peirce, and said he would like the trolley to begin running at 9:00 a.m. MOTION: Councilmember Elliott moved the City Council approve operating two trolleys with two routes beginning the weekend of May 3, 2003. The motion was seconded by Councilmember Peirce and carried with Councilmember Peters and Councilmember Winholtz voting no. (3-2) D-3 REPORT ON RESTARTING THE FACADE IMPROVEMENT LOAN PROGRAM; (ADMIMSTRATION) City Manager Robert Hendrix stated in 1994, the City of Morro Bay in cooperation with Mid -State Bank instituted a loan program to help businesses improve the street appearance of the buildings. The City pledged funds to assist with implementing the program. Only one loan was actually made and the program ultimately was discontinued. This year, Council directed staff to make contact with financial institutions and report back on the ways the Fagade Program might be restarted. However, City funds were not ® to be pledged this time. Staff made contact with bank representatives, and learned that the bank is willing to restart the program, but noted that borrowers would need to meet 11 ® MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING — APRIL 28, 2003 the bank's normal underwriting requirements, and has requested the City first determine that there is real interest in using the program. Mr. Hendrix recommended the City Council consider this information, and direct staff accordingly. MOTION: Mayor Yates moved the City Council direct staff to approach the lending institution and explore the bank rate that will be offered for the Fagade Improvement Program with the City guaranteeing the loan. The motion was seconded by Councilmember Elliott and carried unanimously. (5-0) D4 REPORT ON LIBRARY REORGANIZATION; (CITY COUNCIL) Councilmember Elliott requested this item for discussion at the April 14, 2003 City Council meeting under Future Agenda Items. The purpose of this item is to see if there is support in making the library a City library instead of a County library. Council consensus was in support of Councilmember Elliott's request. ® MOTION: Councilmember Elliott moved the City Council direct staff to research the cost and feasibility of operating the Morro Bay Library, and return to Council with a report at the July 28, 2003 meeting. The motion was seconded by Councilmember Peters and carried unanimously. (5-0) D-5 POLICY ON EX PARTE CONTRACT; (CITY COUNCIL) DI Councilmember Winholtz requested this item for discussion at the March 24, 2003 City Council meeting under Future Agenda Items. Councilmember Winholtz stated an ex pane communication is an "off-the-record private communication between a board member and any person concerning a matter that is pending or impending before the applicable board. Such communications occur in the absence of other parties and without notice to other parties. These communications can range from phone calls, to written correspondence and e-mails, to site visits or tours. Ex pane rules do not apply where a matter is not pending or impending before a board. In addition, even where a matter is pending before a board, a communication with a party to the matter is not considered ex pane if the communication does not relate to the matter. Councilmember Elliott stated he is opposed to such a policy stating it would be a huge violation to the electors of the City. 12 ® MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING — APRIL 28, 2003 Mayor Yates stated the City Council just adopted a Code of Ethics and sees no reason for a policy on ex pane communications. Councilmember Peters stated when there is an issue it is usually disclosed of who discussed the issue. She said there are citizens who would rather not have their name disclosed. Councilmember Peirce stated there are many times when he would not be able to record who he spoke with on certain issues. MOTION: Councilmember Winholtz moved the City Council establish an ex pane policy. The motion died for a lack of a second. No further action was taken on this item. ADJOURNMENT ® The meeting adjourned at 8:20 p.m. Recorded by: Bridgett Bauer City Clerk 1 \ 6 aA. A-1-/ 13 ® 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, 2003 CLOSED SESSION — APRIL 14, 2003 CITY HALL CONFERENCE ROOM - 5:00 P.M. 595 HARBOR ST., MORRO BAY, CA CS-1 GOVERNMENT CODE SECTION 54956.8: REAL PROPERTY TRANSACTIONS. Instructing City's Real Property Negotiator regarding the price and terms of payment for the purchase, sale, exchange, or lease of real ® property as to three (3) parcels. • Property: Embarcadero & Harbor Negotiating Parties: Hartzell Familly & City Negotiations: Purchase Terms and Conditions. Property: Vacant lot at the corner of Coral and San Jacinto Street Negotiating Parties: Dan Reddell and the City Negotiations: Purchase and sale. Property: 714 Embarcadero and Market Street Negotiating Parties: Seibert and the City Negotiations: Purchase and sale. CS-2 GOVERNMENT CODE SECTION 54956.9(b): CONFERENCE WITH LEGAL COUNSEL DUE TO ANTICIPATED LITIGATION. Significant exposure to litigation exists based upon existing facts and the advice of legal counsel as to one (1) matter. IT IS NOTED THAT THE CONTENTS OF CLOSED SESSION MEETINGS ARE CONFIDENTIAL AND EXEMPT FROM DISCLOSURE. C1 PUBLIC SESSION — APRIL 14, 2003 VETERANS MEMORIAL HALL - 6:00 P.M. 209 SURF ST., MORRO BAY, CA ESTABLISH QUORUM AND CALL TO ORDER MOMENT OF SILENCE PLEDGE OF ALLEGIANCE MAYOR AND COUNCILMEMBERS ANNOUNCEMENTS & PRESENTATIONS CLOSED SESSION REPORT PUBLIC COMMENT PERIOD - Members of the audience wishing to address the Council on City business matters (other than Public Hearing items under Section B) may do so at this time. To increase the effectiveness of the Public Comment Period, the following rules shall be followed: • When recognized by the Mayor, please come forward to the podium and state your name and address for the record. Comments are to be limited to three minutes. • All remarks shall be addressed to Council, as a whole, and not to any individual member thereof. ® • No person shall be permitted to make slanderous, profane or personal remarks against any elected official, commission and/or staff. COUNCIL DECLARATION OF FUTURE AGENDA ITEMS A. CONSENT CALENDAR Unless an item is pulled for separate action by the City Council, the following actions are approved without discussion. A -I APPROVAL OF MINUTES FOR THE REGULAR MEETING OF MARCH 24, 2003; (ADMINISTRATION) RECOMMENDATION: Approve as submitted. A-2 ORDINANCE NO. 496 AUTHORIZING AMENDMENT TO THE PUBLIC EMPLOYEE RETIREMENT SYSTEM CONTRACT ALLOWING 3% AT 55 FOR FIRE SAFETY MEMBERS - SECOND READING/ADOPTION; (ADMINISTRATION) RECOMMENDATION: Adopt Ordinance No. 496. K ® A-3 REPLACEMENT OF TIDELANDS PARK LIGHT BOLLARDS USING PROPOSITION 12 FUNDS; (RECREATION & PARKS) RECOMMENDATION: Allocate $30,000 of Proposition 12 Per Capita Funds for the replacement of the light bollards in Tidelands Park. A-4 RESOLUTION NO. 22-03 AUTHORIZING INSTALLATION OF STOP SIGN AT WESTBOUND INTERSECTION OF SAN JACINTO AND MAIN STREETS; (PUBLIC SERVICES) RECOMMENDATION: Adopt Resolution No. 22-03. A-5 AWARD OF CONTRACT FOR SPRING 2003 SLURRY SEAL; (PUBLIC SERVICES) . RECOMMENDATION: Accept the request of California Pavement Maintenance Company to withdraw their bid; and, award the project contract to Intermountain Slurry Seal in the amount of $164,497.00. A-6 PROCLAMATION DECLARING APRIL 26, 2003 AS "CLEAN UP MORRO BAY DAY"; (ADMINISTRATION) RECOMMENDATION: Adopt Proclamation. ® A-7 PROCLAMATION DECLARING APRIL 25, 2003 AS "ARBOR DAY"(RECREATION & PARKS) 1 RECOMMENDATION: Adopt Proclamation. B. PUBLIC HEARINGS, REPORTS & APPEARANCES B-I A) CONSIDERATION OF AMENDING BIKEWAY PLAN TO CHANGE ROUTE DESIGNATION ALONG MAIN STREET NORTH OF ATASCADERO ROAD; AND B) RESULTING IMPACTS UPON ADJACENT ON -STREET PARKING; (PUBLIC SERVICES) RECOMMENDATION: Conduct a public hearing; discuss, and direct staff accordingly. C. UNFINISHED BUSINESS C-1 A) ORDINANCE NO. 495 AMENDING MORRO BAY MUNICIPAL CODE CHAPTER 5.32 - MOBILEHOME RENT CONTROL: SECOND READING/ADOPTION; AND c C-I B) DISCUSSION OF ORDINANCE AND FORMATION OF RENT ® CONTROL BOARD; (ADMINISTRATION) RECOMMENDATION: Adopt Ordinance No. 495; and, discuss and direct staff accordingly on the Ordinance and formation of a Rent Control Board. C-2 DISCUSSION OF POLICY ON MARINE SANCTUARY; (MAYOR YATES) RECOMMENDATION: Direct staff to prepare a resolution opposing the formation of a Marine Sanctuary in our waters. C-3 DISCUSSION ON RESTRICTION OF DOGS ON BEACH BY STATE PARKS; (MAYOR YATES) RECOMMENDATION: Discuss and direct staff accordingly. C-4 RESOLUTION NO. 20-03 ESTABLISHING ETHICS POLICY AND CREATING A CODE OF ETHICS FOR THE CITY OF MORRO BAY; (CITY COUNCIL) RECOMMENDATION: D. NEW BUSINESS Adopt Resolution No. 20-03. ® D-I NON-PROFIT REQUEST FOR WAIVER OF TROLLEY FEES 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 — APRIL 14, 2003 ® CITY HALL CONFERENCE ROOM - 5:00 P.M. Mayor Yates called the meeting to order at 5:00 p.m. PRESENT: William Yates Mayor Dave Elliott Councilmember William Peirce Councilmember Janice Peters Councilmember Betty Winholtz Councilmember STAFF: Robert Hendrix City Manager Robert Schultz City Attorney CLOSED SESSION MOTION: Councilmember Peirce moved the meeting be adjourned to Closed Session. The motion was seconded by Councilmember Peters and unanimously carried. (5-0) Mayor Yates read the Closed Session Statement. CS-1 GOVERNMENT CODE SECTION 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: Embarcadero & Harbor Negotiating Parties: Hartzell Family & City Negotiations: Purchase Terms and Conditions. • Property: Vacant lot at the comer of Coral and San Jacinto Street Negotiating Parties: Dan Reddell and the City Negotiations: Purchase and sale. • Property: 714 Embarcadero and Market Street Negotiating Parties: Seibert and the City Negotiations: Purchase and sale. CS-2 GOVERNMENT CODE SECTION 54956.9(b); CONFERENCE WITH LEGAL COUNSEL DUE TO ANTICIPATED LITIGATION. Significant exposure to litigation exists based upon existing facts and the advice of legal counsel as to one (1) matter. The meeting adjourned to Closed Session at 5:00 p.m. and returned to regular session at 5:25 p.m. i MOTION: Councilmember Peirce moved the meeting be adjourned. The motion was Oseconded by Councilmember Winholtz and unanimously carried. (5-0) The meeting adjourned at 5:25 p.m. MINUTES - MORRO BAY CITY COUNCIL ® REGULAR MEETING — APRIL 14, 2003 VETERANS MEMORIAL HALL - 6:00 P.M. Mayor Yates called the meeting to order at 6:00 p.m PRESENT: William Yates Mayor Dave Elliott Councilmember William Peirce Councilmember Janice Peters Councilmember Betty Winholtz Councilmember STAFF: Robert Hendrix Robert Schultz Bridgett Bauer Rick Algert Bruce Ambo Bill Boucher Frank Cunningham Jeff Jones Jim Koser Joe Loven Andrea Lueker ESTABLISH QUORUM AND CALL TO ORDER MOMENT OF SILENCE PLEDGE OF ALLEGIANCE City Manager City Attorney City Clerk Harbor Director Public Services Director Capital Projects Manager City Engineer Fire Chief Finance Director Police Chief Recreation & Parks Director MAYOR'S REPORTS & ANNOUNCEMENTS CLOSED SESSION REPORT - City Attorney Robert Schultz reported the City Council met in Closed Session, and no reportable action under the Brown Act was taken. PUBLIC COMMENT The following people addressed Item C-I (Ordinance No. 495 Amending Morro Bay Municipal Code Chapter 5.32 - Mobilehome Rent Control: Second Reading/Adoption), and expressed support for the amendments to the Morro Bay Municipal Code: Louise Reddick, Cathy Franks, and Mary Bingham. The following people expressed opposition to amending Morro Bay Municipal Code Section 5.32 — Mobilehome Rent Control: Andy Hampp, Mary McCallister - Attorney, James Thomas, and Cayetano Moreno. The following people addressed Item C-2 (Discussion Of Policy On Marine Sanctuary), and expressed opposition to the formation of a marine sanctuary: Rodger Anderson, ® Craig Barbie, Jim Wood, Richard Barry, Mark Tognazzini, Dick Sylvester, Darby Neil, Ed Mong, and Garry Johnson. MINUTES - MORRO BAY CITY COUNCIL ® REGULAR MEETING — APRIL 14, 2003 The following people addressed Item C-3 (Discussion On Restriction Of Dogs On Beach By State Parks), and expressed support for banning dogs on the beach to protect the Snowy Plover: Lynda Merrill and Rosalie Valvo. The following people expressed opposition to banning dogs on the beach to protect the Snowy Plover: Rodger Anderson, Janice House, Stan House, Jim Wood, and Jim Nance. Kim Kimball, Chamber of Commerce announced that the City of Morro Bay Yard Sale Day is scheduled for April 26`s; and the Tall Ship arrival is on May 100' She also stated 4 s of July celebration plans are underway and donations are welcome. Don Maruska announced a Fisheries Workshop is scheduled on April 161h, and discussion will include the history, current status and regulation of fisheries resources off the Coast of San Luis Obispo County. Roger Evey, Foursquare Church, announced when and where Good Friday and Easter services will be held. Dannie Rodgers -Tope stated HJ Saloon hosted its third annual Harley Davidson event and thanked all the volunteers. ® Lynda Merrill addressed Item C4 (Resolution No. 20-03 Establishing Ethics Policy And Creating A Code Of Ethics For The City Of Morro Bay), and noted the comments made by Councilmember Winholtz are to the point and should be accepted by Council. Ms. Merrill also acknowledged the fine job performed by the Parks employees at Cloisters Park. Garry Johnson addressed Item D-1 (Non -Profit Request For Waiver Of Trolley Fees), and expressed support for starting the trolley service by the first weekend in May. Ken Vesterfelt addressed Item D-1 and requested Council support in starting the trolley service on the first weekend in May for the Cruisin' Car Show. Mayor Yates closed the hearing for public comment. Mayor Yates called for a break at 7:05 p.m.; the meeting resumed at 7:15 p.m. DECLARATION OF FUTURE AGENDA ITEMS Councilmember Winholtz requested the discussion of scheduling a joint meeting with the Planning Commission. ® Councilmember Elliott requested the discussion on the possibility of making the County Library a City Library. 3 MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING —APRIL 14, 2003 A. CONSENT CALENDAR Unless an item is pulled for separate action by the City Council, the following actions are approved without discussion. A -I APPROVAL OF MINUTES FOR THE REGULAR MEETING OF MARCH 24, 2003; (ADMINISTRATION) RECOMMENDATION: Approve as submitted. A-2 ORDINANCE NO. 496 AUTHORIZING AMENDMENT TO THE PUBLIC EMPLOYEE RETIREMENT SYSTEM CONTRACT ALLOWING 3% AT 55 FOR . FIRE SAFETY MEMBERS - SECOND READING/ADOPTION; (ADMINISTRATION) RECOMMENDATION: Adopt Ordinance No. 496. A-3 REPLACEMENT OF TIDELANDS PARK LIGHT BOLLARDS USING PROPOSITION 12 FUNDS; (RECREATION & PARKS) ® RECOMMENDATION: Allocate $30,000 of Proposition 12 Per Capita Funds for the replacement of the light bollards in Tidelands Park. A-4 RESOLUTION NO. 22-03 AUTHORIZING INSTALLATION OF STOP SIGN AT WESTBOUND INTERSECTION OF SAN JACINTO AND MAIN STREETS; (PUBLIC SERVICES) RECOMMENDATION: Adopt Resolution No. 22-03. A-5 AWARD OF CONTRACT FOR SPRING 2003 SLURRY SEAL; (PUBLIC SERVICES) RECOMMENDATION: Accept the request of California Pavement Maintenance Company to withdraw their bid; and, award the project contract to Intermountain Slurry Seal in the amount of $164,497.00. A-6 PROCLAMATION DECLARING APRIL 26, 2003 AS "CLEAN UP MORRO BAY DAY"; (ADMINISTRATION) RECOMMENDATION: Adopt Proclamation. A-7 PROCLAMATION DECLARING APRIL 25, 2003 AS "ARBOR DAY'; ® (RECREATION & PARKS) RECOMMENDATION: Adopt Proclamation. n MINUTES - MORRO BAY CITY COUNCIL ® REGULAR MEETING — APRIL 14, 2003 Councilmember Winholtz pulled Items A-4 and A-7. MOTION: Councilmember Peirce moved the City Council approve the Consent Calendar with the exception of Items A-4 and A-7. The motion was seconded by Councilmember Elliott and carried unanimously. (5-0) A-4 RESOLUTION NO. 22-03 AUTHORIZING INSTALLATION OF STOP SIGN AT WESTBOUND INTERSECTION OF SAN JACINTO AND MAIN STREETS; (PUBLIC SERVICES) Councilmember Winholtz asked if flashing lights could be placed in this intersection such as the intersection on Marsh Street in San Luis Obispo. Capital Projects Manager Bill Boucher responded staff could research the cost and forward the information to Council. MOTION: Councilmember Winholtz moved the City Council approve Item A-4 of the Consent Calendar. The motion was seconded by Councilmember Elliott and carried unanimously. (5-0) ® A-7 PROCLAMATION DECLARING APRIL 25, 2003 AS "ARBOR DAY'; (RECREATION & PARKS) Councilmember Winholtz suggested the last "WHEREAS" in this proclamation be removed since she feels it does not relate to the City's current practice. MOTION: Councilmember Elliott moved the City Council approve Item 7 of the Consent Calendar. The motion was seconded by Councilmember Peirce and carried with Councilmember Winholtz voting no. (4-1) B. PUBLIC HEARINGS. REPORTS & APPEARANCES B-I A) CONSIDERATION OF AMENDING BIKEWAY PLAN TO CHANGE ROUTE DESIGNATION ALONG MAIN STREET NORTH OF ATASCADERO ROAD; AND B) RESULTING IMPACTS UPON ADJACENT ON -STREET PARKING; (PUBLIC SERVICES) Capital Projects Manager Bill Boucher stated at the March 24, 2003 meeting, the City Council considered the matter of prohibiting on -street parking on Main Street from Atascadero Road to' San Joaquin Street to facilitate installation of Class 2 bike lanes consistent with the adopted Bikeway Study as part of a contract overlay project about to ® commence. The prohibition is necessary because the street is too narrow to have striped bike lanes as well as on -street parking. Parking on a portion of the street, from Pico to Elena Streets had previously been prohibited via the adoption of Resolution No. 14-02. W Much of the City Council discussion on the matter seemed to focus upon the merits of having children bicycling on the high volume, high speed Main Street and the apparent ® dichotomy of prohibiting on -street parking in one commercial district in the community, while collecting in -lieu fees and prospecting for additional public parking spaces in other areas of the City. The City Council directed staff to look into the methodology for amending the study and to solicit opinions from the adult biking community and bring this item back for consideration at this meeting. Mr. Boucher recommended the City Council conduct a public hearing, consider this matter and as a result, direct that an interim amendment to the Bikeway Study be done at this time to temporarily re -designate one block of Main Street, from San Joaquin to San Jacinto, as a Class 3 route, pending completion of improvements to the Main Street/San Jacinto/Alder Street intersection. Mr. Boucher also recommended the City Council prohibit on -street parking on Main Street from Atascadero Road to San Joaquin; both actions are accomplished by approval of Resolution No. 23-03. Mayor Yates opened the hearing for public comment. Garry Johnson expressed support for the Citizen Bike Committee recommendation in removing on -street parking and placing bike lanes on Main Street. Robert Davis, Citizen Bike Committee, expressed opposition to amending the Bikeway Study due to safety issues. Joan Peterson expressed opposition to amending the Bikeway Study and maintaining ® Class 2 bike lanes and removing on -street parking on Main Street. Nick Mendoza, business owner, stated the San Jacinto and Main Street intersection is a heavily used intersection. He said bike lanes on Main Street would be dangerous and should be routed on another street. Mr. Mendoza stated on -street parking along Main Street encourages tourism. Jim Thurman, business owner, requested Council maintain on -street parking on Main Street. He noted Main Street is too dangerous for a bike lane. Bob Crandall told of bike lanes in Denmark. Lynda Merrill expressed support for the Citizens Bike Committee recommendations. Meredith Bates expressed support for the Citizens Bike Committee recommendations. Darren Brown, SLOCOG, reiterated the Council of Governments' statement to maintain the Bikeway Study as proposed. Andy Hampp showed an example of a bike lane in Europe. Jane von Kay stated a compromise is needed to benefit bicyclists as well as providing is parking for local businesses. Mayor Yates closed the public comment hearing. T MINUTES - MORRO BAY CITY COUNCIL ® REGULAR MEETING — APRIL 14, 2003 Mayor Yates stated he would not support the bike lanes on Main Street from Highway 41 to San Jacinto Street in order to save the parking along this frontage road. Councilmember Peters stated on -street parking is needed on Main Street. She said bicyclists should ride on alternate routes. Councilmember Peirce stated he is not opposed to bicycle routes; however, parking is needed on North Main Street. Councilmember Elliott stated there is a bike path on the other side of the highway that is much safer than riding a bicycle along Main Street. He said Del Mar School should encourage students to ride their bicycles on a side street. Councilmember Winholtz stated if a bike lane is not placed on Main Street then an alternate route should be considered for bicyclists. MOTION: Councilmember Peirce moved the City Council send this item to Public Works Advisory Board for consideration with inclusion of Council ® comments. The motion was seconded by Councilmember Peters. Councilmember Elliott recommended the motion include opposing the current plan to eliminate on -street parking on North Main Street, and then forward to Public Works Advisory Board. rr, Councilmember Peirce amended his motion to include Councilmember Elliott's comments; Councilmember Peters accept the amendment to her second. VOTE: (5-0) Councilmember Peters stated she would also like the Public Works Advisory Board to consider the section of the plan that includes the turn at the end of Quintana Road onto the path leading towards Duke Energy and the Cloisters subdivision. MOTION: Councilmember Winholtz moved the City Council direct the Public Works Advisory Board to include the Bicycle Committee in the review of this issue. The motion was seconded by Councilmember Peters and failed with Councilmember Elliott, Councilmember Peirce and Mayor Yates voting no. (2-3) 7 El MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING — APRIL 14, 2003 C. UNFINISHED BUSINESS C-1 A) ORDINANCE NO. 495 AMENDING MORRO BAY MUNICIPAL CODE CHAPTER 5.32 - MOBILEHOME RENT CONTROL: SECOND READING/ADOPTION; AND B) DISCUSSION OF ORDINANCE AND FORMATION OF RENT CONTROL BOARD; (ADMINISTRATION) City Manager Robert Hendrix introduced Ordinance No. 495 amending Morro Bay Municipal Code Section 5.32 — Mobilehome Rent Control, for second reading and adoption. City Attorney Robert Schultz reviewed the ordinance and the issue of domicile. Councilmember Elliott stated government should not be involved in rent control. He said he is not in support of subsidizing vacation housing. Mayor Yates stated he agrees with Councilmember Elliott. Councilmember Peirce stated he agrees that changing this ordinance will open Pandora's ® Box, however that started 15 years ago and there are issues that need to be addressed. Councilmember Winholtz stated this Ordinance should be adopted because of the different business climate involved. Councilmember Peters stated even if a vacation home; people have to budget and cannot afford uncontrollable rent increases. MOTION: Councilmember Peters moved the City Council approve the second reading and adoption of Ordinance No. 495 amending Morro Bay Municipal Code Section 5.32 — Mobilehome Rent Control. The motion was seconded by Councilmember Peirce and carried with Councilmember Elliott and Mayor Yates voting no. (3-2) City Attorney Robert Schultz addressed the formation of an ad -hoc committee to address the issues of Mobilehome rent control. Councilmember Winholtz stated she is in favor of appointing a formal rent review board that is addressed in the City's ordinance. Councilmember Elliott stated the City Council should act as the review board in an open session meeting. ® Mayor Yates agreed with Councilmember Elliott. 0 MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING — APRIL 14, 2003 Councilmember Peirce stated a committee would come up with recommendations for Council's review. Councilmember Peters stated an ad -hoc committee will be able to come up with recommendations that will be agreeable for both tenants and park owners. MOTION: Councilmember Peters moved the City Council form an ad -hoc committee. with a minimum of seven members consisting of tenants (domicile and non -domicile) and park owners, and return with a report to Council by August 11, 2003. The motion was seconded by Councilmember Winholtz and carried with Councilmember Elliott and Mayor Yates voting no. (3-2) The City Council supported appointing Councilmember Peters and Councilmember Winholtz to serve on the ad -hoc committee. Mayor Yates called for a break at 8:37 p.m.; the meeting resumed at 7:45 p.m. C-2 DISCUSSION OF POLICY ON MARINE SANCTUARY; (MAYOR YATES) ® City Manager Robert Hendrix stated last year the City Council voted to support a "local control" sanctuary. Since then, it has become clear that local control is, in all likelihood, not possible because of current NOAA regulations. Marine sanctuaries as proposed by Leon Panetta were to not impose any regulations on fishing, but rather, were designed for education and research. It is clear the direction of Sanctuary Management (NOAA) is to impose further regulations/restrictions-on fishing. The fishing community believes that existing regulations are sufficient. Fishing is already regulated by a myriad of State and Federal agencies. Adding another layer of bureaucracy would be another deathblow to the industry, especially the local fishing industry. Mr. Hendrix recommended the City Council direct staff prepare a resolution opposing the formation -of a Marine Sanctuary in our waters. Councilmember Winholtz stated she does not support a resolution in opposition to the formation of a marine sanctuary. She said it seems premature, and expressed concern on how this issue was presented in Washington, D.C. on behalf of the City. Councilmember Elliott stated he supports a resolution opposing the formation of a marine sanctuary. Councilmember Peirce stated he cannot support the expansion of the Monterey Bay National Marine Sanctuary, and he supports a resolution opposing the formation of a marine sanctuary. ® Councilmember Peters stated she supports the resolution in order to save the fisheries. IJ M MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING — APRIL 14, 2003 Mayor Yates stated the Harbor Advisory Board gave the recommendation that a resolution be adopted in opposition to the formation of a marine sanctuary. MOTION: Councilmember Elliott moved the City Council direct staff to prepare a resolution opposing the formation of a Marine Sanctuary in our waters. The motion was seconded by Councilmember Peirce and carried with Councilmember Winholtz voting no. (4-1) C-3 DISCUSSION ON RESTRICTION OF DOGS ON BEACH BY STATE PARKS; (MAYOR YATES) City Attorney Robert Schultz stated the Pacific Legal Foundation has. filed a lawsuit on behalf of Coos County; Oregon. The lawsuit alleges that Fish and Wildlife Service (FWS) illegally designated 28 critical habitat unit covering 20,000 acres for the Western Snowy Plover. The areas include 210 miles of beach along the California, Oregon and Washington coastline, including beaches in Mono Bay. The suit challenges the baseline approach to economic analysis that FWS used to designate critical habitat for the plover in 1999. It also seeks compliance with NEPA since FWS concluded that the designation resulted in virtually no economic impacts above and beyond those impacts caused by the original listing. In ® May 2001, the approach used by FWS was ruled invalid by the 10'b Circuit Court of Appeals in New Mexico Cattle Growers v. Norton. The New Mexico court order said, essentially, that FWS must consider all the economic effects prior to designating critical habitat. The Court stated that consideration of non -biological elements are still outside the decision of whether to list, but must be considered as Congress intended at the critical habitat stage. Based upon New Mexico Cattle Growers decision, FWS has voluntarily agreed in the Coos County case to remand the final rule designating critical habitat for the Pacific Coast population of the Western Snowy Plover. This means that FWS is going to have to restudy the critical habitat areas and the economic impact of those areas designated as critical habitat. Mr. Schultz recommended the City Council direct staff on whether to file a Petition to delist the Snowy Plover and/or whether to research and analyze legal remedies against the State Parks for restricting dogs on our beach. Councilmember Peters stated there is an obvious economic effect due to lack of tourists. She said it has not been a goal to allow dogs to run free on the beach. Councilmember Peters stated it is a hindrance to deny beach access for a small area of snowy plover nesting. Mayor Yates stated he would like support to direct the City Attorney to research legal remedies on this issue. Councilmember Peirce stated he is comfortable in directing staff to research legal remedies. ® Councilmember Winholtz stated she is not supportive of de -listing the snowy plover. She said she is concerned with spending money on this issue during the current budget state. 10 []] MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING — APRIL 14, 2003 Councilmember Elliott stated people should contact their local legislators with their comments on this issue. MOTION: Councilmember Elliott moved the City Council direct the City Attorney to research the legal remedies against the State Parks for restricting dogs on our beach, and return to Council at the next closed session. The motion was seconded by Councilmember Peirce and carried unanimously.. (5-0) MOTION: Councilmember Peirce moved the City Council direct the City Attorney to file a petition to de -list the snowy plover. The motion was seconded by Councilmember Elliott and carried with Councilmember Peters and Councilmember Winholtz voting no. (3-2) C-4 RESOLUTION NO. 20-03 ESTABLISHING ETHICS POLICY AND CREATING A CODE OF ETHICS FOR THE CITY OF MORRO BAY; (CITY COUNCIL) MOTION: Councilmember Winholtz moved the City Council adopt Resolution No. 20-03 establishing an ethics policy and creating a code of ethics for the City of Morro Bay with her recommended changes. The motion was ® seconded by Councilmember Peters and carried unanimously. (5-0) D. NEW BUSINESS D-1 NON-PROFIT REQUEST FOR WAIVER OF TROLLEY FEES City Manager Robert Hendrix stated a request has been received from Ken Vesterfelt for Council consideration in activating the City trolley service to coincide with the Cruisin' Morro Bay Car Show held on the first weekend in May, 2003. If operation of the trolley is not provided for this early service activation, Mr. Vesterfelt requested the City Council consider provided the trolley service for this specific weekend without any lease fees to the car show organization. He said with the additional tourist activity on this weekend, the trolley service would assist greatly in moving pedestrians between the Embarcadero and Old Town while minimizing car traffic. Councihnember Elliott, Councilmember Peirce and Mayor Yates expressed support of starting the trolley during the first weekend in May. Councilmember Peters and Councilmember Winholtz expressed concern with the budgetary constraints of running the trolley early in the season. C] MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING — APRIL 14, 2003 L I] MOTION: Councilmember Peirce moved the City Council direct staff to start the trolley service with the same schedule as last year, beginning with Saturday and Sunday service starting the first weekend in May of this year. The motion was seconded by Councilmember Elliott and carried with Councilmember Peters and Councilmember Winholtz voting no. (3-2) ADJOURNMENT The meeting adjourned at 9:52 p.m. Recorded by: Bridgett Bauer City Clerk 1 El 12 ® City of Morro Bay City Council Agenda Mission Statement The City of Morro Bay is dedicated to the preservation and enhancement of the quality of life. The City shall be committed to this purpose and will provide a level of municipal service and safety consistent with and responsive to the needs of the public. REGULAR MEETING — MARCH 24, 2003 .CLOSED SESSION —MARCH 24, 2003 CITY HALL CONFERENCE ROOM - 5:00 P.M. 595 HARBOR ST., MORRO BAY, CA CS-1 GOVERNMENT CODE SECTION 54956.8; REAL PROPERTY ® TRANSACTIONS. Instructing City's Real Property Negotiator regarding the price and terms of payment for the purchase, sale, exchange, or lease of real property as to four (4) parcels. • Property: Vacant lot at the comer of Coral and San Jacinto Street Negotiating Parties: Dan Reddell and the City Negotiations: Purchase and sale. • Property: Lot at the comer of Main and Highway 41. Negotiating Parties: Equilon and the City Negotiations: Purchase and sale. • Property: Vacant lot at the top of Cerritos Peak Negotiating Parties: Dan Reddell and the City Negotiations: Purchase and sale. • Property: 714 Embarcadero & Market Street Negotiating Parties: Seibert and the City Negotiations: Purchase and sale. IT IS NOTED THAT THE CONTENTS OF CLOSED SESSION MEETINGS ® ARE CONFIDENTIAL AND EXEMPT FROM DISCLOSURE. ® PUBLIC SESSION — MARCH 24, 2003 VETERANS MEMORIAL HALL - 6:00 P.M. 209 SURF ST., MORRO BAY, CA ESTABLISH QUORUM AND CALL TO ORDER MOMENT OF SILENCE PLEDGE OF ALLEGIANCE MAYOR AND COUNCILMEMBERS ANNOUNCEMENTS & PRESENTATIONS CLOSED SESSION REPORT PUBLIC COMMENT PERIOD - Members of the audience wishing to address the Council on City business matters (other than Public Hearing items under Section B) may do so at this time. To increase the effectiveness of the Public Comment Period, the following rules shall be followed: • When recognized by the Mayor, please come forward to the podium and state your name and address for the record. Comments are to be limited to three minutes. • All remarks shall be addressed to Council, as a whole, and not to any individual ® member thereof. • No person shall be permitted to make slanderous, profane or personal remarks against any elected official, commission and/or staff. COUNCIL DECLARATION OF FUTURE AGENDA ITEMS A. CONSENT CALENDAR Unless an item is pulled for separate action by the City Council, the following actions are approved without discussion. A-1 APPROVAL OF MINUTES FOR THE SPECIAL MEETING OF MARCH 5. 2003. AND REGULAR MEETING OF MARCH 10, 2003; (ADMINISTRATION) RECOMMENDATION: Approve as submitted. A-2 STATEMENT OF CASH & INVESTMENTS — JANUARY & FEBRUARY 2003; (FINANCE) RECOMMENDATION: Receive for information. 2 A-3 RESOLUTION NO. 17-03 AMENDING BUDGETS FOR MID -YEAR ® ADJUSTMENTS FOR FY 2002-2003; (FINANCE) RECOMMENDATION: Adopt Resolution No. 17-03. A-4 RESOLUTION NO. 18-03 REDUCING GENERAL FUND APPROPRIATIONS FOR FY 2002-2003; (FINANCE) RECOMMENDATION: Adopt Resolution No. 18-03. A-5 RESOLUTION NO. 13-03 APPROVING PROGRAM SUPPLEMENT WITH STATE FOR WATERFRONT BOARDWALK; (PUBLIC SERVICES) RECOMMENDATION: Adopt Resolution No. 13-03. A-6 PLANNING COMMISSION WATERFRONT PARKING AND CIRCULATION STUDY RECOMMENDATIONS; (PUBLIC SERVICES) RECOMMENDATION: Receive Planning Commission's recommendations for consideration when reviewing parking and circulation issues. A-7 RESOLUTION NO. 19-03 ESTABLISHING PARKING TIME LIMITS AND HANDICAP PARKING ON NORTH EMBARCADERO; (HARBOR) ® RECOMMENDATION: Adopt Resolution No. 19-03. A-8 AUTHORIZATION FOR MAYOR TO SIGN LETTERS IN OPPOSITION TO AB 670 AND SB 236; (HARBOR) RECOMMENDATION: Authorize the Mayor to sign letters stating the City's opposition to two proposed state legislative bills. A-9 AUTHORIZATION TO PARTICIPATE IN REGIONAL COMMUNITY EMERGENCY RESPONSE TEAM TRAINING PROGRAM; (FIRE) RECOMMENDATION: . Authorize the City to participate in a regional Community Emergency Response Training Program. A-10 RESOLUTION NO. 20-03 ADOPTING CITY ETHICS POLICY; (ADMINISTRATION) RECOMMENDATION: Adopt Resolution No. 20-03. a] R3 A-11 PROCLAMATION DECLARING APRIL 2003 AS MONTH OF THE CHILD; (ADMINISTRATION) RECOMMENDATION: Adopt Proclamation. B. PUBLIC HEARINGS. REPORTS & APPEARANCES B-I RESOLUTION NO. 16-03 DECLARING INTENTION TO AMEND PUBLIC EMPLOYEE RETIREMENT SYSTEM CONTRACT; AND ORDINANCE NO. 496 AUTHORIZING AMENDMENT OF 3% AT 55 FOR FIRE SAFETY MEMBERS - FIRST READING/INTRODUCTION; (ADMINISTRATION) RECOMMENDATION: Adopt Resolution No. 16-03; open for public hearing; and, approve Ordinance No. 496 for first reading and introduction. C. UNFINISHED BUSINESS C-I RESOLUTION NO. 14-03 DIRECTING PROHIBITION OF ON -STREET PARKING ON MAIN STREET BETWEEN HIGHWAY 41 AND SAN JACINTO STREET; (PUBLIC SERVICES) RECOMMENDATION: .Adopt Resolution No. 14-03. to C-2 RESOLUTION NO. 15-03 AWARDING CONTRACT FOR SPRING 2003 OVERLAY PROJECT; (PUBLIC SERVICES) RECOMMENDATION: Adopt Resolution No. 15-03. 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 IsMEETING. 0 MINUTES - MORRO BAY CITY COUNCIL ® CLOSED SESSION — MARCH 24, 2003 CITY HALL CONFERENCE ROOM - 5:00 P.M. Vice -Mayor Peters called the meeting to order at 5:00 p.m PRESENT: Janice Peters Vice -Mayor Dave Elliott Councilmember William Peirce Councilmember Betty Winholtz Councilmember ABSENT: STAFF: CLOSED SESSION William Yates Robert Hendrix Robert Schultz Mayor City Manager City Attorney MOTION: Councilmember Peirce moved the meeting be adjourned to Closed Session. The motion was seconded by Councilmember Winholtz and unanimously carried. (4-0) Vice -Mayor Peters read the Closed Session statement. ® CS-1 GOVERNMENT CODE SECTION 54956.8, REAL PROPERTY TRANSACTIONS. Instructing City's Real Property Negotiator regarding the price and terms of payment for the purchase, sale, exchange, or lease of real property as to four (4) parcels. • Property: Vacant lot at the corner of Coral and San Jacinto Street Negotiating Parties: Dan Reddell and the City Negotiations: Purchase and sale. Property: Lot at the comer of Main and Highway 41. Negotiating Parties: Equilon and the City Negotiations: Purchase and sale. Property: Vacant lot at the top of Cerritos Peak Negotiating Parties: Dan Reddell and the City Negotiations: Purchase and sale. Property: 714 Embarcadero & Market Street Negotiating Parties: Seibert and the City Negotiations: Purchase and sale. The meeting adjourned to Closed Session at 5:00 p.m. and returned to regular session at 5:55 p.m. MOTION: Councilmember Winholtz moved the meeting be adjourned. The motion was seconded by Councilmember Elliott and unanimously carried. (4-0) 0 The meeting adjourned at 5:55 p.m. MINUTES - MORRO BAY CITY COUNCIL ® REGULAR MEETING — MARCH 24, 2003 VETERANS MEMORIAL HALL - 6:00 P.M. Vice -Mayor Peters called the meeting to order at 6:00 p.m. PRESENT: Janice Peters Vice -Mayor Dave Elliott Councilmember William Peirce Councilmember Betty Winholtz Councilmember 51 ABSENT: William Yates STAFF: Robert Hendrix Robert Schultz Bridgett Bauer Rick Algert Bruce Ambo Bill Boucher JeffJones Jim Koser Joe Loven Andrea Lueker Heather Salyer -Frith ESTABLISH QUORUM AND CALL TO ORDER MOMENT OF SILENCE PLEDGE OF ALLEGIANCE MAYOR'S REPORTS & ANNOUNCEMENTS Mayor City Manager City Attorney City Clerk Harbor Director Public Services Director Capital Projects Manager Fire Chief Finance Director Police Chief Recreation & Parks Director Recreation & Parks Supervisor CLOSED SESSION REPORT - City Attorney Robert Schultz reported the City Council met in Closed Session, and no reportable action under the Brown Act was taken. MOTION: Councilmember Peirce moved the City Council approve Item A-11 of the Consent Calendar. The motion was seconded by Councilmember Winholtz and carried unanimously. (4-0) Vice -Mayor Peters presented Heather Salyer -Frith of the Recreation & Parks Department with the Proclamation declaring April 2003 as "Month of the Child". The City Council received paintings from children in the community. PUBLIC COMMENT Margarete Fater of League of Women Voters and Valerie Steinson of Habitat for Humanity invited the City Council to a breakfast to discuss affordable housing and tour affordable housing in the San Luis Obispo County. MINUTES - MORRO BAY CITY COUNCIL ® REGULAR MEETING — MARCH 24, 2003 The following people urged the City Council to send letters in opposition to AB670 and SB236 relating to commercial and recreational fishing — (Item A-8 of the Consent Calendar): Jeremiah O'Brien, Craig Barbie, and Sandy Winston. Peter Wagner, Sierra Club, invited the public to a meeting in San Luis Obispo where a Cal Poly Professor will take a close look at the Iraq War and its' environmental consequences. Roger Evey, Pastor of the Foursquare Church, encouraged prayer for our troops and the innocent people in Iraq. Stan House expressed concern with the number of lay-offs of fishermen in Morro Bay due to recent fishing constraints. He also addressed the fact that the State Department of Parks and Recreation is considering the closure of Morro Bay State Park over the summer for renovations, and have also placed constraints on Atascadero State Beach by not allowing leashed dogs on the beach. Mr. House announced Dixon's Spaghetti Dinner would be held on Friday, March 28`" that will raise funding for scholarships for children to participate in the City's Park and Recreation Department programs. ® Kim Kimball announced a fundraiser pancake breakfast in Morro Bay on April I" Sharon Moore of Virg's Fishing requested the City Council's support in approval of Item A-7 (Resolution No. 19-03 Establishing Parking Time Limits and Handicap Parking on North Embarcadero). Vice -Mayor Peters closed the hearing for public comment. DECLARATION OF FUTURE AGENDA ITEMS Councilmember Winholtz requested the discussion on placing ex parte issues in the Council handbook Councilmember Peters requested the discussion of Mobilehome Rent Control and rent review board. A. CONSENT CALENDAR Unless an item is pulled for separate action by the City Council, the following actions are approved without discussion. A-1 APPROVAL OF MINUTES FOR THE SPECIAL MEETING OF MARCH 5, 2003, ® AND REGULAR MEETING OF MARCH 10, 2003; (ADMINISTRATION) RECOMMENDATION: Approve as submitted. 3 ® MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING — MARCH 24, 2003 A-2 STATEMENT OF CASH & INVESTMENTS — JANUARY & FEBRUARY 2003; (FINANCE) RECOMMENDATION: Receive for information. A-3 RESOLUTION NO. 17-03 AMENDING BUDGETS FOR MID -YEAR ADJUSTMENTS FOR FY 2002-2003; (FINANCE) RECOMMENDATION: Adopt Resolution No. 17-03. A4 RESOLUTION NO. 18-03 REDUCING GENERAL FUND APPROPRIATIONS FOR FY 2002-2003; (FINANCE) RECOMMENDATION: Adopt Resolution No. 18-03. A-5 RESOLUTION NO. 13-03 APPROVING PROGRAM SUPPLEMENT WITH STATE FOR WATERFRONT BOARDWALK; (PUBLIC SERVICES) ® RECOMMENDATION: Adopt Resolution No. 13-03. A-6 PLANNING COMMISSION WATERFRONT PARKING AND CIRCULATION STUDY RECOMMENDATIONS; (PUBLIC SERVICES) RECOMMENDATION: Receive Planning Commission's recommendations for consideration when reviewing parking and circulation issues. A-7 RESOLUTION NO. 19-03 ESTABLISHING PARKING TIME LIMITS AND HANDICAP PARKING ON NORTH EMBARCADERO; (HARBOR) RECOMMENDATION: Adopt Resolution No. 19-03. A-8 AUTHORIZATION FOR MAYOR TO SIGN LETTERS IN OPPOSITION TO AB 670 AND SB 236; (HARBOR) RECOMMENDATION: Authorize the Mayor to sign letters stating the City's opposition to two proposed state legislative bills. A-9 AUTHORIZATION TO PARTICIPATE IN REGIONAL COMMUNITY EMERGENCY RESPONSE TEAM TRAINING PROGRAM; (FIRE) O RECOMMENDATION: Authorize the City to participate in a regional Community Emergency Response Training Program. L MINUTES - MORRO BAY CITY COUNCIL ® REGULAR MEETING — MARCH 24, 2003 A-10 RESOLUTION NO. 20-03 ADOPTING CITY ETHICS POLICY; (ADMINISTRATION) RECOMMENDATION: Adopt Resolution No. 20-03. A - II PROCLAMATION DECLARING APRIL 2003 AS MONTH OF THE CHILD; (ADMINISTRATION) RECOMMENDATION: Adopt Proclamation. Councilmember Elliott pulled Item A-5 from the Consent Calendar; Councilmember Winholtz pulled Items A-1, A-6, A-7, A-8, and A-10. MOTION: Councilmember Winholtz moved the City Council approve Items A-2, A-3, A-4 and A-9 of the Consent Calendar. The motion was seconded by Councilmember Elliott and carried unanimously. (4-0) A-1 APPROVAL OF MINUTES FOR THE SPECIAL MEETING OF MARCH 5, 2003, AND REGULAR MEETING OF MARCH 10, 2003; (ADMINISTRATION) ® Councilmember Winholtz requested her statement of opposition be added to page 6 of the March 10, 2003 minutes. MOTION: Councilmember Winholtz moved the City Council approve Item A-1 of the Consent Calendar as amended. The motion was seconded by Councilmember Elliott and carried unanimously. (4-0) A-5 RESOLUTION NO. 13-03 APPROVING PROGRAM SUPPLEMENT WITH STATE FOR WATERFRONT BOARDWALK; (PUBLIC SERVICES) Councilmember Elliott requested clarification on how bicycle and pedestrian paths would be separated on the proposed waterfront boardwalk. Capital Projects Manager Bill Boucher explained the Class I bike path would be a separate facility from the pedestrian pathway. MOTION: Councilmember Elliott moved the City Council approve Item A-5 of the Consent Calendar. The motion was seconded by Councilmember Winholtz and carried unanimously. (4-0) A-6 PLANNING COMMISSION WATERFRONT PARKING AND CIRCULATION STUDY RECOMMENDATIONS; (PUBLIC SERVICES) ® Councilmember Winholtz asked for a time frame on this project. Vice -Mayor Peters stated it would go before the City advisory boards for review prior to Council's review. 5 MINUTES - MORRO BAY CITY COUNCIL ® REGULAR MEETING — MARCH 24, 2003 MOTION: Councilmember Winholtz moved the City Council approve Item A-6 of the Consent Calendar as amended. The motion was seconded by Councilmember Elliott and carried unanimously. (4-0) A-7 RESOLUTION NO. 19-03 ESTABLISHING PARKING TIME LIMITS AND HANDICAP PARKING ON NORTH EMBARCADERO; (HARBOR) Councilmember Winholtz asked how this proposed parking compares to south of Beach Street. Harbor Director Rick Algert responded Council previously approved 3-hour parking south of Beach Street and that has been successful; this proposal would establish 4-hour parking along the north part of Embarcadero that works best for the businesses involved. MOTION: Councilmember Elliott moved the City Council approve Item A-7 of the Consent Calendar. The motion was seconded by Councilmember Peirce and carried unanimously. (4-0) A-8 AUTHORIZATION FOR MAYOR TO SIGN LETTERS IN OPPOSITION TO AB 670 AND SB 236; (HARBOR) ® Councilmember Winholtz requested to vote on the two legislative bills as separate items. She stated she is supportive of sending a letter of opposition to AB 670; however, she is supportive of SB 236 because documented science states there should be no trawling due to its damaging effects. Councilmember Winholtz stated she will vote in opposition to staffs recommendation on SB 236. MOTION: Councilmember Peirce moved the City Council authorize the Mayor to sign a letter in opposition to Assembly Bill 670. The motion was seconded by Councilmember Elliott and carried unanimously. (4-0) MOTION: Councilmember Elliott moved the City Council authorize the Mayor to sign a letter in opposition to Senate Bill 236. The motion was seconded by Councilmember Peirce and carried with Councilmember Winholtz voting no. (3-1) A-10 RESOLUTION NO. 20-03 ADOPTING CITY ETHICS POLICY; (ADMINISTRATION) Councilmember Winholtz stated she would like to amend the proposed policy to make it more grammatically consistent. MOTION: Councilmember Winholtz moved the City Council adopt Resolution No. 0 20-03 adopting the City Ethics Policy with the proposed amendments. The motion was seconded by Councilmember Peters. 2 MINUTES - MORRO BAY CITY COUNCIL ® REGULAR MEETING — MARCH 24, 2003 Councilmember Elliott stated he is opposed to the motion because the entire Council should be present to vote on an ameridment to this policy. Councilmember Winholtz withdrew her motion; Councilmember Peters withdrew her second to the motion. MOTION: Councilmember Peirce moved the City Council continue discussion on this item to the April 14, 2003 meeting. The motion was seconded by Councilmember Elliott and carried unanimously. (4-0) Vice -Mayor Peters called for a break at 7:00 p.m.; the meeting resumed at 7:10 p.m. B. PUBLIC HEARINGS, REPORTS & APPEARANCES B-I RESOLUTION NO. 16-03 DECLARING INTENTION TO AMEND PUBLIC EMPLOYEE RETIREMENT SYSTEM CONTRACT: AND ORDINANCE NO. 496 AUTHORIZING AMENDMENT OF 3% AT 55 FOR FIRE SAFETY MEMBERS - FIRST READING/rNTRODUCTION; (ADMINISTRATION) ® City Manager Robert Hendrix stated Resolution No. 16-03 and first reading of Ordinance No. 496 is to enact the benefit provided in Section 13.8.7 of the Memorandum of Understanding between the City and Firefighters Association. The agreement was adopted by the City Council on January 27, 2003 by Resolution No. 05-03. This benefit provides fire safety members 3% of pay at age 55 for each year of service credited with the City; the are currently under a 2% @ 50 benefit. This benefit will go into effect July 1. 2003 and fire personnel retiring after that date are eligible for the benefit. The current Memorandum of Understanding also provides for an increased benefit (3% at 50) starting June 30, 2006. This resolution of intention and ordinance are required by the Public Employee Retirement System (PERS) in order to amend the PERS contract. Mr. Hendrix recommended the City Council adopt Resolution No. 16-03 approving the Public Employee Retirement System benefit in accordance with Government Code 21363.1 (3% @ 55 full formula for local fire members only); and approve Ordinance No. 496 for first reading and introduction only. Vice -Mayor Peters opened the hearing for public comment; there were no comments, and Vice -Mayor Peters closed the public comment hearing. MOTION: Councilmember Peirce moved the City Council adopt Resolution No. 16-03 approving the Public Employee Retirement System benefit in accordance, with Government Code 21363.1 (3% @ 55 full formula for local fret members only); and approve Ordinance No. 496 for first reading and introduction only. The motion was seconded by Councilmember Elliott and carried unanimously. (4-0) 7. MINUTES - MORRO BAY CITY COUNCIL ® REGULAR MEETING — MARCH 24, 2003 City Manager Robert Hendrix read Ordinance No. 496 by number and title only. C. UNFINISHED BUSINESS C-1 RESOLUTION NO. 14-03 DIRECTING PROHIBITION OF ON -STREET PARKING ON MAIN STREET BETWEEN HIGHWAY 41 AND SAN JACINTO STREET; (PUBLIC SERVICES) Capital Projects Manager Bill Boucher stated the installation of an on -street bike route along Main Street from Highway 41 to Yerba Buena Street is part of the Circulation Element and the adopted 1997 Bikeway Study. The deteriorating pavement surface of Main Street was identified as specific community need and the cost of the work made acquisition of outside funding critical to the timely completion. The City had secured funding for this work from the State as a separate project but economic conditions led to the deferral of fund allocation to at least fiscal year 2005/06. Alternately, the City obtained approval to use a different source of STIP funds to perform the rehabilitation that can be used now. Mr. Boucher stated one of the conditions of the use of the STIP funds is that bike routes be installed where they are both indicated on planning policy documents and where physically possible. With no feasible means to widen the street, ® Class II bike lanes can only be feasibly accomplished with a total prohibition of parking along the entire length of the street. For parking to be retained in this block, the Council would need to make a finding that Class II bike lanes are not appropriate until contemplated improvements to the Main/San Jacinto intersection can be completed and that a Class 3 route would comply with the Circulation Element in the interim. Mr. Boucher recommended the City Council adopt Resolution No. 14-03 prohibiting on -street parking on Main Street from State Highway 41 to San Joaquin Street. Councilmember Elliott stated there is already a bike lane on the other side of the highway. He said the issue should be safety, and Main Street is not a viable location for a bike lane. Councilmember Elliott expressed opposition to the proposed resolution and stated the City should encourage the school to promote another location for a bike lane. Councilmember Winholtz agrees children should not bicycle on Main Street, and parking is needed. Councilmember Peirce stated if it becomes an issue of Main Street being repaved vs. receiving an overlay he would support the bike lanes, but he would rather maintain parking along Main Street. Councilmember Peters stated bicyclists would use Main Street if it is a faster route, and she would rather not have parking on the street for safety purposes. 8 MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING — MARCH 24, 2003 MOTION: Councilmember Peirce moved the City Council continue discussion of this item to the April 14, 2003 City Council meeting with direction to staff to return with further information on plans for bike lanes. The motion was seconded by Councilmember Elliott and carried unanimously. (4-0) C-2 RESOLUTION NO. 15-03 AWARDING CONTRACT FOR SPRING 2003 OVERLAY PROJECT; (PUBLIC SERVICES) Capital Projects Manager Bill Boucher stated this project entails the overlay of a number of major (commercial/industrial) and minor (residential) streets in the community based upon priorities in the Pavement Management Program and grant funding eligibility requirements. The project is funded by a cumulative allocation of $199,000 from the 2000 STIP and City funds allocated for this fiscal year. The STIP funds were allocated by the California Transportation Commission last May and the construction contract needs to be awarded within one year of that allocation. One of the conditions of the use of these funds is to install bike routes where adopted planning policies specify. Such routes are then to be installed on Atascadero Road, Sandalwood and Main Street, with Main Street's necessitating prohibition of on -street parking. Mr. Boucher recommended the City Council adopt Resolution No.15-03 awarding the subject contract for the Spring 2003 Overlay ® Project to A.J. Diani Construction Company. MOTION: Councilmember Elliott moved the City Council adopt Resolution No.15-03 awarding the subject contract for the Spring 2003 Overlay Project to A.J. Diani Construction Company. The motion was seconded by Councilmember Peirce and carried unanimously. (4-0) D. NEW BUSINESS — None. ADJOURNMENT The meeting adjourned at 7:42 p.m. Recorde9d by: ec\ Bridgett Bauer City Clerk 01 :9 City of Morro Bay City Council Agenda Mission Statement The City of Morro Bay is dedicated to the preservation and enhancement of the quality of life. The City shall be committed to this purpose and will provide a level of municipal service and safety consistent with and responsive to the needs of the public. REGULAR MEETING — MARCH 10, 2003 CLOSED SESSION - MARCH 10, 2003 CITY HALL CONFERENCE ROOM - 5:00 P.M. 595 HARBOR ST., MORRO BAY, CA CS-1 GOVERNMENT CODE SECTION 54957.6; CONFERENCE WITH ® LABOR NEGOTIATOR.. Conference with the City Manager, the City's Designated Representative, for the purpose of reviewing the City's position regarding salaries, salary schedules, or compensation paid in the form of fringe benefits, and giving instruction to the Designated Representative. CS-2 GOVERNMENT CODE SECTION 54956.9(C); CONFERENCE WITH LEGAL COUNSEL DUE TO ANTICIPATED LITIGATION. Initiation of litigation exists based upon existing facts and the advice of legal counsel as to one matter. Parties: City of MorroBayand Charles Marciel, George Leage and Charles Ogle. Issue: Whether to seek reimbursement of costs associated with the ammonia spill at 214 Beach Street. IT IS NOTED THAT THE CONTENTS OF CLOSED SESSION MEETINGS ARE CONFIDENTIAL AND EXEMPT FROM DISCLOSURE. CC ® PUBLIC SESSION - MARCH 10, 2003 VETERANS MEMORIAL HALL - 6:00 P.M. 209 SURF ST., MORRO BAY, CA ESTABLISH QUORUM AND CALL TO ORDER MOMENT OF SILENCE PLEDGE OF ALLEGIANCE MAYOR AND COUNCILMEMBERS ANNOUNCEMENTS & PRESENTATION'S CLOSED SESSION REPORT PUBLIC COMMENT PERIOD - Members of the audience wishing to address the Council on City business matters (other than Public Hearing items under Section B) may do so at this time. To increase the effectiveness of the Public Comment Period, the following rules shall be followed: • When recognized by the Mayor, please come forward to the podium and state your name and address for the record. Comments are to be limited to three minutes. • All remarks shall be addressed to Council, as a whole, and not to any individual ® member thereof. • No person shall be permitted to make slanderous, profane or personal remarks against any elected official, commission and/or staff. COUNCIL DECLARATION OF FUTURE AGENDA ITEMS A. CONSENT CALENDAR Unless an item is pulled for separate action by the City Council, the following actions are approved without discussion. A-1 APPROVAL OF MINUTES FOR THE REGULAR MEETINGS OF FEBRUARY 10, 2003 AND FEBRUARY 24, 2003; (ADMINISTRATION) RECOMMENDATION: Approve as submitted. A-2 NOTICE OF COMPLETION FOR LILA KEISER PLAYGROUND PROJECT; (RECREATION & PARKS) RECOMMENDATION: Accept project as complete. E 2 ® A-3 PROCLAMATION DECLARING MARCH 2O03 AS AMERICAN RED CROSS MONTH; (ADMINISTRATION) RECOMMENDATION: Adopt Proclamation. B. PUBLIC HEARINGS. REPORTS & APPEARANCES B-1 APPEAL OF PLANNING COMMISSION APPROVAL OF STATE PARK REHABILITATION PROJECT; (PUBLIC SERVICES) RECOMMENDATION: Uphold the decision of the Planning Commission and deny the appeal. B-2 ORDINANCE NO. 495 AMENDING MORRO BAY MUNICIPAL CODE CHAPTER 5.32 - MOBILEHOME RENT CONTROL, FIRST READING/ INTRODUCTION; (CITY ATTORNEY) RECOMMENDATION: Approve first reading/introduction of Ordinance No. 495. C. UNFINISHED BUSINESS - NONE. D. NEW BUSINESS ® D-I REVIEW OF CITY ETHICS CODE; (MAYOR) RECOMMENDATION: Discuss and direct staff accordingly. E. ADJOURNMENT THIS AGENDA IS SUBJECT TO AMENDMENT UP TO 72 HOURS PRIOR TO THE DATE AND TIME SET FOR THE MEETING. PLEASE REFER TO THE AGENDA POSTED AT CITY HALL FOR ANY REVISIONS OR CALL THE CLERK'S OFFICE AT 772-6200 FOR FURTHER INFORMATION. COPIES OF STAFF REPORTS OR OTHER PUBLIC DOCUMENTATION RELATING TO EACH ITEM OF BUSINESS REFERRED TO ON THIS AGENDA ARE ON FILE IN THE OFFICE OF THE CITY CLERK AND AVAILABLE FOR PUBLIC INSPECTION AND REPRODUCTION AT COST AT CITY HALL, LIBRARY, AND MILLS STATIONERY. IN COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT, IF YOU NEED SPECIAL ASSISTANCE TO PARTICIPATE IN A CITY MEETING, PLEASE CONTACT THE CITY CLERK'S OFFICE AT LEAST 24 HOURS PRIOR TO THE MEETING TO INSURE THAT REASONABLE ARRANGEMENTS CAN BE MADE TO PROVIDE ACCESSIBILITY TO THE MEETING. 3 ® MINUTES - MORRO BAY CITY COUNCIL CLOSED SESSION — MARCH 10, 2003 CITY HALL CONFERENCE ROOM - 5:00 P.M. Mayor Yates called the meeting to order at 5:00 p.m PRESENT: William Yates Mayor Dave Elliott Councilmember William Peirce Councilmember Janice Peters Councilmember Betty Winholtz Councilmember STAFF: Robert. Hendrix City Manager Robert Schultz City Attorney CLOSED SESSION MOTION: Councilmember Peirce moved the meeting be adjourned to Closed Session. The motion was seconded by Councilmember Peters and unanimously carried. (5-0) Mayor Yates read the Closed Session Statement ® CS-1 GOVERNMENT CODE SECTION 54957.6; CONFERENCE WITH LABOR NEGOTIATOR. Conference with the City Manager, the City's Designated Representative, for the purpose of reviewing the City's position regarding salaries, salary schedules, or compensation paid in the form of fringe benefits, and giving instruction to the Designated Representative. CS-2 GOVERNMENT CODE SECTION 54956.9(C); CONFERENCE WITH LEGAL COUNSEL DUE TO ANTICIPATED LITIGATION. Initiation of litigation exists based upon existing facts and the advice of legal counsel as to one matter. • Parties: City of Morro Bay and Charles Marciel, George Leage and Charles Ogle. • Issue: Whether to seek reimbursement of costs associated with the ammonia spill at 214 Beach Street. The meeting adjourned to Closed Session at 5:00 p.m. and returned to regular session at 5:40 p.m. MOTION: Councilmember Peirce moved the meeting be adjourned. The motion was seconded by Councilmember Winholtz and unanimously carried. (5-0) oThe meeting adjourned at 5:40 p.m. ® MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING — MARCH 10, 2003 VETERANS MEMORIAL HALL - 6:00 P.M. Mayor Yates called the meeting to order at 6:00 p.m PRESENT: William Yates Mayor Dave Elliott Councilmember William Peirce Councilmember Janice Peters Councilmember Betty Winholtz Councilmember STAFF: Robert Hendrix Robert Schultz Bridgett Bauer Bruce Ambo JeffJones Gary Kaiser Jim Koser City Manager City Attorney City Clerk Public Services Director Fire Chief Senior Planner Finance Director ® ESTABLISH QUORUM AND CALL TO ORDER MOMENT OF SILENCE PLEDGE OF ALLEGIANCE MAYOR'S REPORTS & ANNOUNCEMENTS CLOSED SESSION REPORT - City Attorney Robert Schultz reported the City Council met in Closed Session, and no reportable action under the Brown Act was taken on Item CS-1; a motion and unanimous vote was made on Item CS-2 to not participate in litigation to recover costs in this matter. DI PUBLIC COMMENT Steve Mathieu stated the Blessing of the Fleet would be on Sunday, March 16`s at Tidelands Park. Henrietta Groot stated a wide age group would benefit from a skating rink in Morro Bay. Roger Ewing addressed Item D-1 (Review of City Ethics Code) stating Morro Bay does not need an ethical code. Hank Roth stated the Morro Bay Police Department would be holding an open house to show its new expansion on Saturday March 21S`. 2 ® MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING — MARCH 10, 2003 David Nelson stated habitat enhancement in the estuary would not work in Morro Bay due to the proposed plans for the power plant. He said the pollution caused by the particulate matter would be harmful for the citizens of Morro Bay. Melody DeMeritt expressed concern with plans approved on housing developments in Morro Bay that appears to be "mansionizing" and does not fit the character of the City. Robert Crandall, Silver City Mobilehome Park, addressed the charge to the tenants of natural gas and asked about the status on the cease and desist order the City Attorney sent to the park owner. Mayor Yates closed the hearing for public comment. DECLARATION OF FUTURE AGENDA ITEMS Mayor Yates requested the discussion on allowing leashed dogs on the state park beach come back to Council. Mayor Yates also requested the discussion on the marine sanctuary return to Council based on the request of the Harbor Advisory Board. ® A. CONSENT CALENDAR Unless an item is pulled for separate action by the City Council, the following actions are approved without discussion. A-1 APPROVAL OF MINUTES FOR THE REGULAR MEETINGS OF FEBRUARY 10, 2003 AND FEBRUARY 24, 2003; (ADMINISTRATION) RECOMMENDATION: Approve as submitted. A-2 NOTICE OF COMPLETION FOR LILA KEISER PLAYGROUND PROJECT; (RECREATION & PARKS) RECOMMENDATION: Accept project as complete. A-3 PROCLAMATION DECLARING MARCH 2O03 AS AMERICAN RED CROSS MONTH; (ADMINISTRATION) RECOMMENDATION: Adopt Proclamation. a] 3 El l MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING — MARCH 10, 2003 MOTION: Councilmember Peirce moved the City Council approve the Consent Calendar. The motion was seconded by Councilmember Elliott and carried unanimously. (5-0) Mayor Yates called for a break at 6:45 p.m.; the meeting resumed at 7:00 p.m. B. PUBLIC HEARINGS. REPORTS & APPEARANCES B-I APPEAL OF PLANNING COMMISSION APPROVAL OF STATE PARK REHABILITATION PROJECT; (PUBLIC SERVICES) Senior Planner Gary Kaiser stated the Planning Commission at a public hearing held January 6, 2003, made findings required by the California Environmental Quality Act and California Coastal Act and approved Coastal Development Permit 39-02R requested by the State Department of Parks and Recreation for improvements in the campground at Morro Bay State Park. An appeal was filed based on the following findings: Monarchs and their habitat are being disrupted during roosting; distinct scenic forested campground is altered; runoff is minimalized though it's a problem now and will be even greater with more paving; and air quality for golfers gets poorer because of road location. Mr. Kaiser recommended the City Council receive public input, and uphold the decision of the Planning Commission and deny the appeal. Nancy Bast, appellant, stated the State Park Rehabilitation Plan conflicts with our Land Use Plan (LUP) in several areas. There are many relevant references in the LUP in Chapters 4, 12 & 13 dealing with Visitor Serving Facilities, Environmentally Sensitive Habitat and Visual Resources. The campground is a beautiful wooded setting and should be improved and expanded consistent with the preservation of the habitat scenic characteristics of the city. The approved General Plan is 15 years old and conditions, attitudes and public awareness have greatly changed in the interim. The disease of the Monterey Pines was then a threat, but not a reality. Since then hundreds of dead and dying pines have been removed from the community and throughout the park. An estimated 10% will have immunity to the canker, thus every healthy tree that is cut down reduces the percentage of survival. Another change occurred in recent years, whole groves -of landmark eucalyptus in which Monarch Butterflies roosted have been cut down. But perhaps most destructive to the historic character and charm of the campground's forested setting, with its cathedral -like canopy, is that State Parks Administration has adopted what has become a mantra for removal of non-native vegetation, including large specimen trees, to replace them with native plant species. Retention and perpetuation of the small area of lofty arboreal habitat on this16 acres of campground provide a distinctly different population of gray squirrels, hawks, owls, crows, woodpeckers, turkey vultures, nuthatches, chickadees, etc. not found in the native z ® MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING — MARCH 10, 2003 scrub habitat. Ms. Bast stated the staff report acknowledges the campground is very popular and heavily used year round, and one could conclude from this that users like it the way it is, with its forest canopy and open views. These historic qualities can be retained, even while the park management accomplishes its primary goals of public health and safety and modernization through a policy of replacing the large old legacy trees when they must be cut, with a diversity of conifers and other trees that will grow to like stature. Ms. Bast stated there are many features of the plan undeniably overdue such as modernization of restrooms, handicap access, re -paving and barriers to control campsite_ parking. To keep faith and confidence in this, our public agency, we would like a guarantee of responsiveness to public concerns by the formation of a citizen's committee that would review the plans to be kept abreast of tree cutting, grading, etc. as it happens monitoring the progress in a spirit of honesty and cooperation with State Park personnel. Jim Quaile, State Department of Parks and Recreation, stated the California Department of Parks and Recreation (DPR) has been planning for improvements to the Morro Bay ® State Park since 1983. During this extended planning period, DPR has explored various project alternatives and has fully analyzed and, disclosed the respective environmental effects in an Environmental Impact Report (EIR) certified on May 8, 2001. This plan has been approved by the State Parks & Recreation Commission and legislative funding has been awarded. There were originally 400 trees to be removed, since then plans have been changed and only the trees necessary for ADA and fire safety requirements are planned for removal (75% less than what originally was approved for removal). All environmental impacts have been addressed during the EIR review with public input included. The DPR is committed to maintaining the forest canopy and forested condition in the campground. The grading and drainage of the campground has included engineering reports through the EIR review, and a swale is being created to carry some of the drainage from the back of the campground to where there is a natural low spot on the side of the campground. There will be no drainage from the campground that will go into the bay, except for on the marina side of the campground where it will drain into ponds and filtration systems that will handle the runoff. Mr. Quaile stated the DPR is committed to work with the community in rehabilitating the campground. Mayor Yates opened the hearing for public comment. 21 5 ® MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING — MARCH 10, 2003 The following people urged the City Council to uphold the appeal and maintain the State Park in its natural setting: Lionel Johnston, Shirley Vega, Colby Crotzer, Hilary Wilke, Isaac Wilke, Roger Ewing, David Nelson, Nancy Dunn, Ken Swincrest, Candace Vittitow, Johanna Ruba, Fran Harrington, Lynda Merrill, Jack McCurdy, Pete Wagner, Patty Dunton, Harold Wright, Rosie DeSantos, Melody DeMeritt, Lynde Owen, Beverly Higgins, George Taylor, Diana Duncan, Yaro Nelson, Mary Green, Gwen Taylor, Grant Crowell, Doug Nells, Nina Litvinoff, and Ken Vesterfelt . Mayor Yates closed the public comment hearing. Mayor Yates called for a break at 9:00 p.m.; the meeting resumed at 9:06 p.m. Jim Quaile, State Department of Parks and Recreation, explained the proposed new entrance to the park, stating the straight in entrance allows more stack up space for cars that allows them to get off the road that improves bicycle and pedestrian safety on the road. He said the compaction and degradation of soil within the under storage of the campground is affecting the health of the trees, and that is why repaving of the parking spurs is recommended. The existing facilities are old and not in compliance with codes, and require ® rehabilitation. Mr. Quaile stated there are 96 trees proposed for removal (54 eucalyptus; 26 Monterey pine; 1 cypress, and 15 other smaller trees). Nancy Bast, appellant, stated the policies in the LUP cannot be specific for every issue that arises, but they do provide guidance for the preservation of recognized and undisputed public resources. As for strength of belief, you've heard the people speak their feelings for the special quality of our community, its flora and fauna, the uplifting scenic beauty of our area, coveted by resident and visitor alike. These strongly held beliefs and local experience should be given more value than textbook standard practices that create boredom and sameness whenever applied primarily for practical and economic purposes. Ms. Bast requested the City Council condition the permit with replacement trees of like stature, form a citizen's monitoring committee, and uphold the appeal. Councilmember Elliott stated he is concerned that there have been changes made to the plans since its inception without public hearings. He said visitors have as much investment in this State Park as the citizens do, and this park should be made to benefit everyone. Councilmember Elliott stated he supports upholding the appeal based on the lack of process by the State. Councilmember Winholtz stated good ideas have been made on how to enhance the campground. She suggested a separate resolution be approved to encourage State Parks to work with the City. Councilmember Winholtz stated she cannot support this project as isproposed because of its inconsistency with the Local Coastal Plan. 0 ® MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING — MARCH 10, 2003 Councilmember Peters stated plans approved 15 years ago should not he valid today. She said there are issues that need to be addressed such as ADA requirements and fire codes; however, it can be done for less money. Councilmember Peters stated she does not support the project as submitted. Councilmember Peirce expressed concern with the removal of so many trees and fear the remainder of the trees will die from disease. He said he is uncomfortable with how old the process is, and supports upholding the appeal. Mayor Yates expressed concern with the ADA and fire access issues. He said he supports the new entrance. He said his main problem is the State does not include the City in their process. Mayor Yates stated he supports the appeal mostly from the public outcry. He invited State Parks to come back and include the community with their plans. MOTION: Councilmember Elliott moved the City Council uphold the appeal based on the findings that the proposed plan is inconsistent with the Local Coastal Program including, but not limited to, Visual Resources Policy 12.01 and 12.02, and Zoning Ordinance Section 17.48.190. The City ® Council further directed the City Attorney to speak on the community's behalf should the California Department of Parks and Recreation appeal this action to the California Coastal Commission. The motion was seconded by Councilmember Winholtz and carried unanimously. (5-0) B-2 ORDINANCE NO. 495 AMENDING MORRO BAY MUNICIPAL CODE CHAPTER 5.32 - MOBILEHOME RENT CONTROL, FIRST READING/ INTRODUCTION; (CITY ATTORNEY) City Attorney Robert Schultz stated the purpose and intent of Chapter 5.32 of the Morro Bay Municipal Code is that mobilehome owners, unlike apartment tenants or residents of other rental stock, are in the unique position of having made a substantial investment in a residence for which space is rented or leased. Relocation of a mobilehome from a mobilehome park space is not always a practical alternative to accepting an excessive rent increase in that it can only be accomplished at substantial cost. In many instances, relocation may cause extensive damage to the mobilehome and loss of appurtenances such as integrated landscaping and supporting structures inconsistent with the new location. Because mobilehomes are often owned by senior citizens, persons on fixed incomes, and persons of low and moderate income, exorbitant rent increases fall upon these individuals with particular harshness. An issue has arisen recently between mobilehome park owners and tenants in regard to the word "domicile" in paragraph E of Section 5.32.030 of the Morro Bay Municipal Code. Since there is no definition of "domicile" in the ordinance, it appears that the word has been subject to interpretation that could lead to litigation between 7 ® MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING — MARCH 10, 2003 "domicile" in the ordinance, it appears that the word has been subject to interpretation that could lead to litigation between the park owner and tenants. Mr. Schultz stated he researched over 100 California City and County Codes and did not find a single Mobilehome Rent Control Ordinance that uses the word "domicile." In fact, all of the City and County Codes are silent on the requirement of a mobilehome as a principal residence. All of the City and County Codes that were researched, codify the State Mobilehome Residency Laws and the exemptions set forth therein. Mr. Schultz recommended the City Council receive public input, and approve Ordinance No. 495, by number and title only, amending Morro Bay Municipal Code Section 5.32.030. Mayor Yates opened the hearing for public comment. The following people requested the City Council adopt Ordinance No. 495 amending the Morro Bay Municipal Code: Bill Brady, Bill Davies, Ray McKelligott, Louise Reddick, Cathy Friends, Mel Meldugraw, Van Huever, Steve Roberts, and Bob Crandall. The following people requested the Morro Bay Municipal Code not be amended: ® Gretchen Moreno, Grant Crowell, Mr. Moreno, and Andy Hampp. Mayor Yates closed the public comment hearing. C1 Councilmember Peirce stated he would like this issue to be settled equitably for both the park owners and tenants. Councilmember Peters stated rent increases should be made fairly and gradually. She said she supports the proposed revisions to the existing ordinance. Councilmember Winholtz stated she supports removing the archaic word "domicile", and making the City ordinance consistent with the State code. She supports the idea of a sub- committee or the City Attorney meeting with the park owners to come up with a compromise that is equitable for everyone. Councilmember Elliott stated the City should not be involved in the free enterprise system. He said he does not support subsidizing someone with a vacation or secondary home. Mayor Yates stated the present ordinance has worked for 15 years and it is not intended for second homes. Mayor Yates stated he is opposed to amending the present ordinance. N MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING — MARCH 10, 2003 MOTION: Councilmember Winholtz moved the City Council approve the first reading and introduction of Ordinance No. 495 amending Morro Bay Municipal Code Chapter 5.32 - Mobilehome Rent Control. The motion was seconded by Councilmember Peters. Councilmember Peters stated having a second home does not mean those tenants are financially better off than any one else. Councilmember Peirce stated some secondary homes are bought as an investment in retirement. VOTE: The motion carried with Councilmember Elliott and Mayor Yates voting no. (3-2) City Manager Robert Hendrix read Ordinance No. 495 by number and title only. C. UNFINISHED BUSINESS —NONE. ® D. NEW BUSINESS l D-I REVIEW OF CITY ETHICS CODE; (MAYOR) Mayor Yates stated the City of Morro Bay had an Ethics Policy years ago; however, it cannot be found. He said he believes it is imperative the City have such a policy and proposed a draft for Council's review as follows: "It is the policy of the City of Morro Bay that all elected and appointed officials, employees, volunteers, and others who participate in the City government operate on the highest ethical plane." Councilmember Winholtz stated she agrees with the intent; however, the proposed code is too vague and should be modeled more like the City of Santa Clara Code of Ethics. Councilmember Elliott stated he supports the code as presented by Mayor Yates. Councilmember Peters stated she is ambivalent to such a policy. Councilmember Peirce stated he does not have a problem with such a policy; however, he sees it as a voluntary measure. Mayor Yates stated this is intended as a policy of honesty for Council and the employees of Morro Bay. 0 MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING — MARCH 10, 2003 MOTION: Mayor Yates moved the City Council accept the draft Code of Ethics removing the words "and others who participate"; and direct staff to bring back a resolution for approval of the Code of Ethics. The motion was seconded by Councilmember Elliott. Councilmember Winholtz requested to amend the policy by adding "the Economic Statement of Interest " to the policy. Mayor Yates amended his motion by adding "the Fair Political Practices Commission Regulations" to the policy; Councilmember Elliott accepted the amendment to the motion. VOTE: The motion carried with Councilmember Peters and Councilmember Winholtz voting no. (3-2) ja11aan 4111LInk, ® The meeting adjourned at 10:30 p.m. Recorded by: f � 8a�� Bridgett Bauer City Clerk 21 [to] 0 El NOTICE OF SPECIAL MEETING NOTICE IS HEREBY GIVEN that the Morro Bay City Council will be holding a Special Meeting on Wednesday, March 5, 2003 at 6:00 p.m. to be held in the Veterans' Memorial Building, 209 Surf Street, Morro Bay, California. The City Council will be discussing budget priorities for the proposed Fiscal Year 2003/2004 Budget. DATED: March 3, 2003 b..9,,� Bridgett BIPUer, City Clerk MINUTES - MORRO BAY CITY COUNCIL ® BUDGET PRIORITY SETTING WORKSHOP MARCH 5, 2003 — 6:00 P.M. VETERANS MEMORIAL HALL Mayor Yates called the meeting to order at 6:00 p.m PRESENT: William Yates Mayor Dave Elliott Councilmember William Peirce Councilmember Janice Peters Councilmember Betty Winholtz Councilmember STAFF: Robert Hendrix City Manager Robert Schultz City Attorney Jim Koser Finance Director The City Council discussed budget priorities for the proposed Fiscal Year 2003/2005 Budget cycles. Two lists were formed consisting of short-term priorities and long-term priorities. Both lists are divided into three groups; group one items are higher in priority than group two and group three items. The following are the lists of short-term priorities and long-term priorities approved by the City Council: ® Short -Term List Group One: • Continue working on infrastructure, including water and sewer lines, streets, storm drains, etc. Continued street repair (particularly North Main Street) and street maintenance. • RUDAT completion. Continue working on RUDAT project. • Improve/rebuild City restrooms. Public restrooms. Downtown restrooms. • Marina dredging. • Plans for property at Embarcadero/Market/Pacific/Morro Bay Boulevard. Brannigan's feasibility study. Market Street property development. • Downtown parking. Parking. • Document reduction. Document purging/transferring. Deal with City documents. ® • Fire Department building improvements. New fire station (start process — identify location, design, financing, etc.) MINUTES - MORRO BAY CITY COUNCIL ® BUDGET PRIORITY SETTING WORKSHOP MARCH 5, 2003 Short -Term List Group Two: • Embarcadero traffic (redesign/direction/parking). Embarcadero traffic circulation study. • Rebuild intersection at Quintana Road/Morro Bay Boulevard; San Jacinto/Main Street. Morro Bay Boulevard/Quintana Road roundabout. Art sculpture project at Mono Bay Boulevard/Quintana Road intersection. • Skate Park; soft tennis courts. Finalize and implement City Communications Committee's recommendations. • GIS System. • Affordable housing. ® • Off -leash dog park. • Re -open Flippo's. Group Three: • Highway and City signage. • Swimming pool feasibility study. • Wastewater plant. • Tree pruning, removal, and replacement. • Tidelands Park stage. • General Plan (zoning/housing/signs/GIS/etc.) • Access ramps on all downtown comer curbs. • Harbor Department building. D F MINUTES - MORRO BAY CITY COUNCIL ® BUDGET PRIORITY SETTING WORKSHOP MARCH 5, 2003 MOTION: Councilmember Peirce moved the City Council approve the short-term list of priorities for the next budget cycle. The motion was seconded by Councilmember Peters and carved unanimously. (5-0) .Lone -Term List Group One: • Construct boat haul -out facility. • Construct Embarcadero boardwalk. • Continue City Center Project (Police and Fire) Group Two: • Develop City -owned communications site. ® • Pursue City Yard issue — property ownership, covered vehicle storage. • Improve Morro Rock parking lot. • Underground City utilities. Group Three: • Citywide sidewalks, pedestrian paths. • Complete City Water Master Plan — tanks. • Hire City Central Purchasing Agent. MOTION: Councilmember Peirce moved the City Council approve the long-term list of priorities for the next budget cycle. The motion was seconded by Councilmember Elliott and carried with Councilmember Winholtz voting no. (4-1) The meeting adjourned at 8:30 p.m. DJ 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 — FEBRUARY 24, 2003 CLOSED SESSION — FEBRUARY 24, 2003 CITY HALL CONFERENCE ROOM - 5:00 P.M. 595 HARBOR ST., MORRO BAY, CA ® CS-1 GOVERNMENT CODE SECTION 54957; PERSONNEL ISSUES. • Discussions regarding Personnel Issues including one (1) public employee regarding discipline/release/evaluation, specifically the City Manager. IT IS NOTED THAT THE CONTENTS OF CLOSED SESSION MEETINGS ARE CONFIDENTIAL AND EXEMPT FROM DISCLOSURE. D ® PUBLIC SESSION — FEBRUARY 24, 2003 VETERANS MEMORIAL HALL - 6:00 P.M. 209 SURF ST., MORRO BAY, CA ESTABLISH QUORUM AND CALL TO ORDER MOMENT OF SILENCE PLEDGE OF ALLEGIANCE MAYOR AND COUNCILMEMBERS ANNOUNCEMENTS & PRESENTATIONS CLOSED SESSION REPORT . PUBLIC COMMENT PERIOD - Members of the audience wishing to address the Council on City business matters (other than Public Hearing items under Section B) may do so at this time. To increase the effectiveness of the Public Comment Period, the following rules shall be followed: • When recognized by the Mayor, please come forward to the podium and state your name and address for the record. Comments are to be limited to three minutes. • All remarks shall be addressed to Council, as a whole, and not to any individual ® member thereof. • No person shall be permitted to make slanderous, profane or personal remarks against any elected official, commission and/or staff. COUNCIL DECLARATION OF FUTURE AGENDA ITEMS A. CONSENT CALENDAR Unless an item is pulled for separate action by the City Council, the following actions are approved without discussion. A-1 APPROVAL OF MINUTES FOR THE REGULAR MEETING OF FEBRUARY 10, 2003; (ADMINISTRATION) RECOMMENDATION: This item has been pulled from the agenda. A-2 AWARD FOR CONTRACT OF BIDS: SUPPLYING SODIUM HYPOCHLORITE AND SUPPLYING SODIUM BISULFITE TO THE WASTEWATER TREATMENT PLANT; (PUBLIC SERVICES) RECOMMENDATION: Award the contract for supplying sodium hypochlorite to LA Chemical of Fresno in the amount of $29, 250; and, award the contract for supplying sodium bisutfite to Basic Chemical Solutions of Visalia in the amount 0 of $21,450. ® A-3 RESOLUTION NO. 11-03 IN OPPOSITION TO THE GOVERNOR'S BUDGET PROPOSAL TO REMOVE BASIC AID STATUS; (MAYOR) RECOMMENDATION: Adopt Resolution No. 11-03. A-4 RESOLUTION NO. 12-03 APPROVING A THIRTY-THREE DAY (33) DAY EXTENSION TO THE CABLE FRANCHISE AGREEMENT WITH CHARTER COMMUNICATIONS; (ADMINISTRATION) RECOMMENDATION: Adopt Resolution No. 12-03. B. PUBLIC HEARINGS. REPORTS & APPEARANCES —NONE. C. UNFINISHED BUSINESS C-1 CONTINUED DISCUSSION ON A BAND STAND IN TIDELANDS PARK; (RECREATION & PARKS) RECOMMENDATION: Discuss and direct staff accordingly. C-2 COUNCIL REQUEST TO DISCUSS THE SELECTION OF COMMISSION AND ADVISORY BOARD MEMBERS; (WINHOLTZ) ® RECOMMENDATION: Discuss and direct staff accordingly. D. NEW BUSINESS D-1 COUNCIL REQUEST TO DISCUSS THE INCLUSION OF PART-TIME RESIDENTS IN THE MOBILEHOME RENT CONTROL ORDINANCE; (WINHOLTZ) RECOMMENDATION: Discuss and direct staff accordingly. D-2 REVIEW OF SOFTWARE FOR CATALOGING CITY DOCUMENTS; (ADMINISTRATION) RECOMMENDATION: Discuss and direct staff accordingly. D-3 PROPOSAL FOR CITY ENTRANCE SCULPTURE; (MAYOR) RECOMMENDATION: Receive proposal and direct staff accordingly. DI 3 D4 CITY ATTORNEY DISCUSSION OF BROWN ACT UPDATE PROCESS; ® (CITY ATTORNEY) RECOMMENDATION: Discuss and direct staff accordingly. D-5 REVIEW OF THE FACADE IMPROVEMENT PROGRAM; (MAYOR) RECOMMENDATION: Discuss and direct staff accordingly. E. ADJOURNMENT THIS AGENDA IS SUBJECT TO AMENDMENT UP TO 72 HOURS PRIOR TO THE DATE AND TIME SET FOR THE MEETING. PLEASE REFER TO THE AGENDA POSTED AT CITY HALL FOR ANY REVISIONS OR CALL THE CLERK'S OFFICE AT 772-6200 FOR FURTHER INFORMATION. COPIES OF STAFF REPORTS OR OTHER PUBLIC DOCUMENTATION RELATING TO EACH ITEM OF BUSINESS REFERRED TO ON THIS AGENDA ARE ON FILE IN THE OFFICE OF THE CITY CLERK AND AVAILABLE FOR PUBLIC INSPECTION AND REPRODUCTION AT COST AT CITY HALL, LIBRARY, AND MILLS STATIONERY. IN COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT, IF YOU NEED SPECIAL ® ASSISTANCE TO PARTICIPATE IN A CITY MEETING, PLEASE CONTACT THE CITY CLERK'S OFFICE AT LEAST 24 HOURS PRIOR TO THE MEETING TO INSURE THAT REASONABLE ARRANGEMENTS CAN BE MADE TO PROVIDE ACCESSIBILITY TO THE MEETING. ® MINUTES - MORRO BAY CITY COUNCIL CLOSED SESSION — FEBRUARY 24, 2003 CITY HALL CONFERENCE ROOM - 5:00 P.M. Mayor Yates called the meeting to order at 5:00 p.m PRESENT: William Yates Mayor Dave Elliott Councilmember William Peirce Councilmember Janice Peters Councilmember Betty Winholtz Councilmember STAFF: Robert Hendrix City Manager Robert Schultz City Attorney CLOSED SESSION MOTION: Councilmember Peirce moved the meeting be adjourned to Closed Session. The motion was seconded by Councilmember Peters and unanimously carried. (5-0) Mayor Yates read the Closed Session statement. ® CS-1 GOVERNMENT CODE SECTION 54957; PERSONNEL ISSUES. • Discussions regarding Personnel Issues including one (1) public employee regarding discipline/release/evaluation, specifically the City Manager. The meeting adjourned to Closed Session at 5:00 p.m. and returned to regular session at 5:45 p.m. MOTION: Councilmember Peirce moved the meeting be adjourned. The motion was seconded by Councilmember Elliott and unanimously carried. (5-0) The meeting adjourned at 5:45 p.m. C E MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - FEBRUARY 24, 2003 VETERANS MEMORIAL HALL - 6:00 P.M. Mayor Yates called the meeting to order at 6:00 p.m PRESENT: William Yates Mayor Dave Elliott Councilmember William Peirce Councilmember Janice Peters Councilmember Betty Winholtz Councilmember STAFF: Robert Hendrix Robert Schultz Bridgett Bauer Rick Algert Bruce Ambo John DeRohan Jeff Jones Bruce Keogh Andrea Lueker Heather Salyer -Frith City Manager City Attorney City Clerk Harbor Director Public Services Director Acting Police Chief Fire Chief Wastewater Treatment Plant Manager Recreation & Parks Director Recreation Supervisor ESTABLISH QUORUM AND CALL TO ORDER MOMENT OF SILENCE PLEDGE OF ALLEGIANCE MAYOR'S REPORTS & ANNOUNCEMENTS CLOSED SESSION REPORT- City Attorney Robert Schultz reported the City Council met in Closed Session, and no reportable action under the Brown Act was taken. PUBLIC COMMENT Hank Roth announced the following emergency response website: www.readv.lZov. David Nelson shared an article in the LA Times regarding how power plants are killing larvae; larvae evolve into fish; and, how this might contribute to the problems with the fishing industry. He also said Duke Energy should not be holding back the $500,000 it owes'to the City, and the City should not continue negotiating with Duke Energy until this money is paid back. Mark Tognazzini, President of Morro Bay Commercial Fishermen's Association, addressed the appointments recently made to the Harbor Advisory Board and noted the Board has a history of honesty and dedication and with the new appointments these traditions will continue. 2 ® MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - FEBRUARY 24, 2003 Stan House referred to numerous correspondence sent by the Mayor and City Council beginning in December 2002 to the State Department of Recreation & Parks regarding the ban of dogs on the beach, and noted to date there has been no response from the State. He requested the City consider filing an amicus in this matter. Mr. House also stated more teens are needed on the task force relating to teen centers in the City. Neil Farrell, Morro Bay Public Art Foundation, made suggestions for a stage at Tidelands Park and requested Council's support. He made a proposal for a temporary stage. Roger Ewing, Morro Bay Public Art Foundation, stated a stage can be simple and relatively inexpensive, and it would be great if there was a stage at Tidelands Park before the 4`h of July this year. Ray McKelligott addressed Item D-I (Council Request To Discuss The Inclusion Of Part -Time Residents In The Mobilehome Rent Control Ordinance) and requested an amendment be made to the Morro Bay Municipal Code on rent control. ® Steve Roberts, attorney, addressed the domicile issue relating to Mobilehome parks. Paul Twedt Jr., Morro Bay library docent, announced an event at the Morro Bay Library on March 7`s celebrating Women in History. The following people expressed concern with the recent rent increase at Walker's Trailer Park: Louise Ready, Cathy Franks, Charlotte Frese, Calvin Coley, and Samuel Davis. Gretchen Marino, park owner in Morro Bay, stated part-time renters should be exempt from the rent control ordinance. She said State legislation will clarify this situation. John Simpson, manager of a Mobilehome park, expressed his interest in serving on a rent review board. Mayor Yates closed the hearing for public comment. DECLARATION OF FUTURE AGENDA ITEM — None. IC ® MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - FEBRUARY 24, 2003 A. CONSENT CALENDAR Unless an item is pulled for separate action by the City Council, the following actions are approved without discussion. A-1 APPROVAL OF MINUTES FOR THE REGULAR MEETING OF FEBRUARY 10, 2003; (ADMINISTRATION) RECOMMENDATION: This item has been pulled from the agenda. A-2 AWARD FOR CONTRACT OF BIDS: SUPPLYING SODIUM HYPOCHLORITE AND SUPPLYING SODIUM BISULFITE TO THE WASTEWATER TREATMENT PLANT; (PUBLIC SERVICES) RECOMMENDATION: Award the contract for supplying sodium hypochlorite to LA Chemical of Fresno in the amount of $29, 250; and, award the contract for supplying sodium bisutfite to Basic Chemical Solutions of Visalia in the amount ® of $21,450. A-3 RESOLUTION NO. 11-03 IN OPPOSITION TO THE GOVERNOR'S BUDGET PROPOSAL TO REMOVE BASIC AID STATUS; (MAYOR) RECOMMENDATION: Adopt Resolution No. 11-03. A-4 RESOLUTION NO. 12-03 APPROVING A THIRTY-THREE DAY (33) DAY EXTENSION TO THE CABLE FRANCHISE AGREEMENT WITH CHARTER COMMUNICATIONS; (ADMINISTRATION) RECOMMENDATION: Adopt Resolution No. 12-03. MOTION: Councilmember Peirce moved the City Council approve the Consent Calendar. The motion was seconded by Councilmember Peters and carried unanimously. (5-0) Mayor Yates called for a break at 6:50 p.m.; the meeting resumed at 7:05 p.m. B. PUBLIC HEARINGS, REPORTS & APPEARANCES —NONE. DI 0 ® MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - FEBRUARY 24, 2003 C. UNFINISHED BUSINESS C-1 CONTINUED DISCUSSION ON A BAND STAND IN TIDELANDS PARK; (RECREATION & PARKS) Recreation & Parks Director Andrea Lueker stated the Recreation & Parks Commission originally discussed this issue in late 1998 and determined a need for a permanent or portable stage at Tidelands Park. In mid-1999, some sketches were submitted to the Recreation & Parks Department for a portable bandstand in the "compass" area at the south end of the park. A sub -committee was formed and determined that a permanent bandstand was preferable and discussed design and use issues. A report was presented to the City Council in August 2002 outlining several tasks that needed to take place prior to construction that included amendment of the Master Plan, review of the Tidelands Park Settlement Agreement and several other issues. Ms. Lueker noted several local service groups/non-profit organizations have indicated they may be interested in working with the City on this type of project. Presently, this project has not been designated as a City Council priority and comes behind a number of other funded projects. Ms. Lueker ® recommended the City Council discuss this issue and direct staff accordingly. Mayor Yates expressed his support for a bandstand, and noted it should be a funding priority. 11 Councilmember Peirce stated a bandstand would be beneficial for the community. He said funding would take serious thought; however, it would be possible if it is a community project. Councilmember Peters stated this would work if it is a community project with volunteer assistance. She said she prefers temporary roofing due to weather conditions. Councilmember Peters stated there should be criteria addressing issues such as decibel level limit. She said she would offer discretionary funds towards this project. Councilmember Winholtz stated policy issues should be considered such as frequency and surrounding residents. Councilmember Elliott stated regulations should be set relating to the type of venues that would take place. He said this project should include public participation, and with volunteer help, this project could get started and perhaps be completed for the 4`s of July event this year. 5 ® MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - FEBRUARY 24, 2003 MOTION: Councilmember Elliott moved the City Council direct staff to contact the Morro Bay Public Art Foundation regarding preliminary plans for the Tidelands Park Bandstand. The motion was seconded by Councilmember Peirce and carried unanimously. (5-0) C-2 COUNCIL REQUEST TO DISCUSS THE SELECTION OF COMMISSION AND ADVISORY BOARD MEMBERS; (WINHOLTZ) Councilmember Winholtz stated as the policy making body for the City, the City Council strives to be clear and consistent in its actions. This extends to the selection of committee appointments. As a result, the public is clear about genuine opportunities for involvement in their government. Councilmember Winholtz requested the City Council consider the policy for selection of commission and advisory board members relating status of incumbency, status of designations, non -residency appointments, lingo and status of bodies. Mayor Yates stated incumbents should be considered along with other applicants, and he believes the policies should not be changed. ® Councilmember Peters suggested appointing one seat with a one-year term so there will be a new member on each board every year. DI Councilmember Peirce stated he does not go into interviews with any pre -conceived ideas. He said he is not comfortable with a one-year appointment, and does not support changing the policies. Councilmember Elliott stated he does not support appointing a new person each year. He said special interest appointments are of no interest to him. Councilmember Elliott stated board members should be chosen on ability and not on the basis of political stand. Councilmember Winholtz stated term limits should be considered. MOTION: Mayor Yates moved the City Council maintain the current policies as status quo. The motion was seconded by Councilmember Elliott and carried with Councilmember Peters and Councilmember Winholtz voting no. (3-2) R ® MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - FEBRUARY 24, 2003 D. NEW BUSINESS D-I COUNCIL REQUEST TO DISCUSS THE INCLUSION OF PART-TIME RESIDENTS IN THE MOBILEHOME RENT CONTROL ORDINANCE; (WINHOLTZ) Councilmember Winholtz stated it has been brought to the City Council's attention that there is concern with the City's rent control ordinance because it does not limit rent increase to part-time residents as it does to full-time residents. There is concern with the exorbitant rent increase of part-time residents of a Mobilehome Park in the City and the tenants are asking the City Council for relief by having the word "domicile" removed from the ordinance. City Attorney Robert Schultz stated the current City ordinance lists an exemption referring to Mobilehome park spaces that are not occupied as the permanent residence by the tenant of a Mobilehome park. He said the word "domicile" is a subjective intent that leads to litigation. Mr. Schultz reviewed alternatives for Council's consideration in how to remedy this matter. ® Councilmember Winholtz stated she would like the exemption clause removed from the City's code, and request the City Attorney to return with an amendment that meets State code. Councilmember Elliott expressed concern with allowing an exemption for people who have a Mobilehome as a vacation home. He said the exemption is meant for elderly people on a fixed income. Councilmember Elliott stated the word "domicile" should be clarified. Councilmember Peirce stated the intent of many of the part-time Mobilehome residents is in preparation of retirement. He suggested the ordinance be amended to meet State standards. MOTION: Councilmember Peters moved the City Council direct the City Attorney to amend the Mobilehome Rent Control Ordinance to reflect State Residency Standards. The motion was seconded by Councilmember Winholtz and carried with Councilmember Elliott and Mayor Yates voting no. (3-2) Mayor Yates called for a break at 8:27 p.m.; the meeting resumed at 8:43 p.m. 7 ® MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - FEBRUARY 24, 2003 D-2 REVIEW OF SOFTWARE FOR CATALOGING CITY DOCUMENTS; (ADMINISTRATION) City Manager Robert Hendrix stated the City Council requested that staff figure out how to catalog and index the City Clerk records. Council had previously established a project focused on management of all official City records, and also adopted a Records Retention Policy. In reviewing the task of managing City Clerk records, staff found that a solution should be selected that fits both the Clerk records and City records in general. Staff has examined several document management packages and is at the point where more formal vendor proposals are needed to move the project forward. Mr. Hendrix stated rough estimates for direct costs for various project components are $15,000 for City Clerk records; $45,000 for all current records City wide; and, roughly $50,000 for conversion of archived records. Mr. Hendrix recommended the City Council consider the information submitted and authorize staff to request quotations from selected vendors. MOTION: Councilmember Peirce moved the City Council authorize staff to request quotations from viable vendors, finalize a vendor selection, refine cost information associated with components of the project, and bring back a ® detailed recommendation within 60 days. The motion was seconded by Councilmember Peters and carried unanimously. (5-0) D-3 PROPOSAL FOR CITY ENTRANCE SCULPTURE; (MAYOR) Mayor Yates introduced Dr. Botso Korisheli who has a proposal to create a monumental sculpture of direct stone carving for the City of Mono Bay. The proposed location would be the triangle shape island before entering Mono Bay Boulevard. The artist, along with fellow sculptors, envisions a granite sculpture that depicts the local natural beauty and ocean life that is indigenous to Mono Bay and the Central Coast. The City Council expressed support for the concept of the proposal and requested Dr. Korisheli return with a firmer quote on the cost. D4 CITY ATTORNEY DISCUSSION OF BROWN ACT UPDATE PROCESS; (CITY ATTORNEY) City Attorney Robert Schultz stated he is currently in the process of finalizing the update to the Brown Act Handbook and a new document entitled Municipal Law Handbook for Elected and Appointed Officials. He said this item is on the agenda to discuss and decide the format and date for the Brown Act Update Workshop. 2 ® MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - FEBRUARY 24, 2003 MOTION: Councilmember Peirce moved the City Council direct the City Attorney to schedule a Brown Act Workshop for interested board members. The motion was seconded by Councilmember Peters and carried unanimously. (5-0) D-5 REVIEW OF THE FACADE IMPROVEMENT PROGRAM; (MAYOR) Mayor Yates stated the. City had approved a Facade Improvement Program in the early 1990's. The program provided City -guaranteed loans through Mid State Bank for improvement/upgrading of downtown storefront facades. There was apparently only one property owner that took advantage of this program, and the program expired around 1994. Mayor Anderson stated since then two property owners have approached him requesting this program be reinstated. MOTION: Councilmember Peirce moved the City Council direct staff to contact local funding institutions, and to report and advise the City Council on how to accomplish the facade program without pledging City funds. The motion was seconded by Councilmember Elliott and carried unanimously. (5-0) ® ADJOURNMENT The meeting adjourned at 9:30 p.m. Recorded by: Bridgett Bauer City Clerk El E ® City of Morro Bay City Council Agenda Mission Statement The City of Morro Bay is dedicated to the preservation and enhancement of the quality of life. The City shall be committed to this purpose and will provide a level of municipal service and safety consistent with and responsive to the needs of the public. REGULAR MEETING — FEBRUARY 10, 2003 CLOSED SESSION - FEBRUARY 10, 2003 CITY HALL CONFERENCE ROOM - 5:00 P.M. 595 HARBOR ST., MORRO BAY, CA ® CS-1 GOVERNMENT CODE SECTION 54956.9 (C); CONFERENCE WITH LEGAL COUNSEL DUE TO ANTICIPATED LITIGATION. Initiation of litigation exists based upon existing facts and the advice of legal counsel as to one matter. • City of Morro Bay v. Regional Water Quality Control Board CS-2 GOVERNMENT CODE SECTION 54957; PERSONNEL ISSUES. • Discussions regarding Personnel Issues including one (1) public employee regarding discipline/release/evaluation, specifically the City Manager. IT IS NOTED THAT THE CONTENTS OF CLOSED SESSION MEETINGS ARE CONFIDENTIAL AND EXEMPT FROM DISCLOSURE. 11 ® PUBLIC SESSION - FEBRUARY 10, 2003 VETERANS MEMORIAL HALL - 6:00 P.M. 209 SURF ST., MORRO BAY, CA [I J ESTABLISH QUORUM AND CALL TO ORDER MOMENT OF SILENCE PLEDGE OF ALLEGIANCE 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 miles shall be followed: • When recognized by the Mayor, please come forward to the podium and state your name and address for the record. Comments are to be limited to three minutes. • All remarks shall be addressed to Council, as a whole, and not to any individual member thereof. • No person shall be permitted to make slanderous, profane or personal remarks against any elected official, commission and/or staff. COUNCIL DECLARATION OF FUTURE AGENDA ITEMS A. CONSENT CALENDAR Unless an item is pulled for separate action by the City Council, the following actions are approved without discussion. A-1 APPROVAL OF MINUTES FOR THE SPECIAL MEETING OF JANUARY 23, 2003. AND THE REGULAR MEETING OF JANUARY 27, 2003; (ADMINISTRATION) RECOMMENDATION: Approve as submitted. A-2 RESOLUTION NO. 07-03 APPROVING THE DESIGNATION OF THE SAN LUIS OBISPO COUNTY INTEGRATED WASTE MANAGEMENT AUTHORITY (ENFORCEMENT SECTION), AS ENFORCEMENT AGENCY FOR THE CITY OF MORRO BAY; (ADMINISTRATION) RECOMMENDATION: Adopt Resolution No. 07-03. 2 ® A-3 RESOLUTION NO. 09-03 APPROVING ASSIGNMENT OF LEASE FOR LEASE SITES 53-56/53W-56W LOCATED AT 501 EMBARCADERO; (HARBOR) RECOMMENDATION: Adopt Resolution No. 09-03. A4 RESOLUTION NO. 10-03 APPROVING LEASE AMENDMENT FOR LEASE SITES 102/102W LOCATED AT 1001 FRONT STREET; (HARBOR) RECOMMENDATION: Adopt Resolution No. 10-03. A-5 AUTHORIZATION TO FILE NOTICE OF COMPLETION: PROJECT NO. 81- 16; LILA KEISER PARK EAST FIELD LIGHTING; (RECREATION & PARKS) RECOMMENDATION: Accept the project as completed by Benergy Inc., and authorize the filing of the Notice of Completion. A-6 PROCLAMATION DESIGNATING TUESDAY, FEBRUARY 25, 2003 AS "SPAY DAY USA"; (ADMINISTRATION) RECOMMENDATION: Adopt Proclamation. B. PUBLIC HEARINGS. REPORTS & APPEARANCES ® B-1 RESOLUTION NO. 08-03 APPROVING CABLE TELEVISION FRANCHISE RENEWAL AGREEMENT WITH CHARTER COMMUNICATIONS; (ADMINISTRATION) E RECOMMENDATION: Adopt Resolution No. 08-03. B-2 REVIEW OF ANNUAL WATER REPORT; (PUBLIC SERVICES) RECOMMENDATION: Receive public input, and adopt staffs recommendation as listed in the staff report. C. UNFINISHED BUSINESS C-1 REPORT ON REHABILITATION OF 220 ATASCADERO ROAD BUILDING; (RECREATION & PARKS) RECOMMENDATION: Continue with the current use until the City records storage issue is resolved, and a decision is made concerning the status and location of the Corporation Yard and/or swimming pool. 3 ® D. NEW BUSINESS D-I MID -YEAR BUDGET UPDATE; (FINANCE) RECOMMENDATION: Approve the staffs recommendation as listed in the staff report. D-2 DISCUSSION ON FEDERAL, STATE AND LOCAL FUNDING FOR STREET REHABILITATION PROJECTS; (PUBLIC SERVICES) RECOMMENDATION: Discuss funding for street rehabilitation projects, and authorize staff to advertise for bids for the Spring 2003 Street Overlay Project. D-3 DISCUSSION ON CITY SPONSORSHIP FOR THE 2003 MORRO BAY FAMILY FUN FOURTH OF JULY; (ADMINISTRATION) RECOMMENDATION: Review the request from the Morro Bay Chamber and Commerce & Visitor's Center, and direct staff accordingly. D4 COUNCIL REQUEST TO DISCUSS THE SELECTION OF COMMISSION AND ADVISORY BOARD MEMBERS; (CITY COUNCIL) ® RECOMMENDATION: Discuss and direct staff accordingly. D-5 COUNCIL REQUEST TO DISCUSS PLACEMENT OF A MOBILEHOME RENT REVIEW BOARD; (CITY COUNCIL) 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 El ® MINUTES - MORRO BAY CITY COUNCIL CLOSED SESSION — FEBRUARY 10, 2003 CITY HALL CONFERENCE ROOM - 5:00 P.M. Mayor Yates called the meeting to order at 5:00 p.m PRESENT: William Yates Mayor Dave Elliott Councilmember William Peirce Councilmember Janice Peters Councilmember Betty Winholtz Councilmember STAFF: Robert Hendrix City Manager Robert Schultz City Attorney CLOSED SESSION MOTION: Councilmember Peirce moved the meeting be adjourned to Closed Session. The motion was seconded by Councilmember Elliott and unanimously carried.(5-0) Mayor Yates read the Closed Session statement. ® CS-1 GOVERNMENT CODE SECTION 54956.9 (C); CONFERENCE WITH LEGAL COUNSEL DUE TO ANTICIPATED LITIGATION. Initiation of litigation exists based upon existing facts and the advice of legal counsel as to one matter. • City of Morro Bay v Regional Water Quality Control Board CS-2 GOVERNMENT CODE SECTION 54957; PERSONNEL ISSUES. • Discussions regarding Personnel Issues including one (1) public employee regarding discipline/release/evaluation, specifically the City Manager. The meeting adjourned to Closed Session at 5:00 p.m. and returned to regular session at 5:48 p.m. MOTION: Councilmember Elliott moved the meeting be adjourned. The motion was seconded by Councilmember Winholtz and unanimously carved. (5-0) The meeting adjourned at 5:48 p.m. C C LJ MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING — FEBRUARY 10, 2003 VETERANS MEMORIAL HALL - 6:00 P.M. Mayor Yates called the meeting to order at 6:00 p.m PRESENT: William Yates Mayor Dave Elliott Councilmember William Peirce Councilmember Janice Peters Councilmember Betty Winholtz Councilmember STAFF: Robert Hendrix Robert Schultz Bridgett Bauer Rick Algert Bruce Ambo Bill Boucher Janeen Burlingame Greig Cummings Frank Cunningham JeffJones Jim Koser Joe Loven Andrea Lueker ESTABLISH QUORUM AND CALL TO ORDER MOMENT OF SILENCE PLEDGE OF ALLEGIANCE City Manager City Attorney City Clerk Harbor Director Public Services Director Capital Projects Manager Management Analyst Planning Manager City Engineer Fire Chief Finance Director Police Chief Recreation & Parks Director MAYOR'S REPORTS & ANNOUNCEMENTS CLOSED SESSION REPORT - City Attorney Robert Schultz reported the City Council met in Closed Session, and no reportable action under the Brown Act was taken. PUBLIC COMMENT Candace Vittitow supplied a petition in opposition to placing medians along Morro Bay Boulevard. She also stated she hopes the plans for remodel of Morro Bay State Park does not turn the park into a KOA Campground. Ms. Vittitow requested the City pave North Main Street. Steve Roberts, attorney and resident; addressed the Morro Bay Municipal Code on Mobilehome Rent Control. He said State law has amended their mobile home residency law, and requested Morro Bay amend their ordinance to allow State law to control the domicile issue. ® MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING — FEBRUARY 10, 2003 Lionel Johnson expressed support for Charter Communications and the programs they offer for the public. David Weisman expressed concerns with the amount of waste contained at the Diablo Canyon Nuclear Power Plant and the threat of terrorist attack. He said a video on how to prepare for such an event would be shown on public television stations. Mr. Weisman stated the Nuclear Regulatory Commission would also be meeting in the area, and he encouraged people to speak out. Roger Ewing addressed Item D-4 (Selection of Board and Commission Members) stating he was disappointed that all incumbents were reappointed. He said diversity is not welcome with this type of selection. Ray McKelligott requested Council amend the City's Mobilehome Rent Control Ordinance by removing the conditions relating to domicile. David Nelson shared a visual of the Moss Landing Power Plant of which Duke Energy ® will look like if modernized. He stated Duke Energy would eventually contaminate the ground level of our City. Gerry Doris, downtown merchant, suggested instead of placing medians along Morro Bay Boulevard, to expand the tree wells. Dannie Tope stated the ad -hoc committee met to discuss tourist signs and will return ideas to Council in the near future. She said the downtown lighting should be funded through grants. The following people expressed support for the re -opening of a skating rink in Morro Bay: Mary Puett, Karen Randolph, Deanna Ion, Ann-Terese Barket, Linnea Jason, and Kim Kimball. Cindy Wright, downtown merchant; stated she is not in support of medians along Morro Bay Boulevard. She said her brother owns five businesses along Main Street, and he is interested in purchasing streetlights and donating them to the City. Tom Laurie asked about the status on the lease agreement with Duke Energy. He said he believes the modernization of the existing plant will not take place. Mr. Laurie also asked about the dispute on funds paid to consultants regarding the Duke Energy application. 3 ® MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING — FEBRUARY 10, 2003 Ed Biaggini, Chairman of Community Promotions Committee, addressed Item D-1 (Mid - Year Budget Update) and requested Council not choose Option 1 that recommends cutting the Community Promotions budget. Andrew Hamp stated the State residency law on Mobile Home Rent Control clearly defines what is considered a secondary home. He said it would be difficult for a review board that is not familiar with rent control issues for mobile home parks to make equitable decisions. Meredith Bates stated it is important that the community stay informed with what is going on in the world, and announced when the video "Nuke Safe" will be shown on television. Kim Kimball, Executive Director of Chamber of Commerce, requested the City Council not support cutting tourist funds from the budget. Ken Swiftus stated North Main Street is seriously in need of repair. He also said budget cuts should not detract from the mission statement of the State Parks, which is to provide ® an outdoor natural setting. Ken Vesterfelt stated advertising is needed to promote the City. John Barta stated the medians were placed in the RUDAT study through an analysis on the bulb -outs and turning radius issue. He said when times are lean you need to spend more money on promoting the City through advertising. Mr. Barta stated the selection of advisory board and commission members should be the City Council's responsibility to pick the most qualified people. He also said underground utilities should be considered a long-term goal for the City. Melody DeMeritt reviewed the money spent on City properties and requested the City stop buying defunct businesses. Mayor Yates closed the hearing for public comment. Mayor Yates called for a break at 7:13 p.m.; the meeting resumed at 7:30 p.m. C 2 ® MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING — FEBRUARY I0, 2003 DECLARATION OF FUTURE AGENDA ITEMS Councilmember Winholtz requested to agendize the discussion on including part-time residents in the Mobilehome Rent Control Ordinance. Mayor Yates requested the review of the Facade Improvement Program that was approved by Council in the early 1990's. A. CONSENT CALENDAR Unless an item is pulled for separate action by the City Council, the following actions are approved without discussion. A-1 APPROVAL OF MINUTES FOR THE SPECIAL MEETING OF JANUARY 23, 2003, AND THE REGULAR MEETING OF JANUARY 27, 2003; (ADMINISTRATION) ® RECOMMENDATION:. Approve as submitted. A-2 RESOLUTION NO. 07-03 APPROVING THE DESIGNATION OF THE SAN LUIS OBISPO COUNTY INTEGRATED WASTE MANAGEMENT AUTHORITY (ENFORCEMENT SECTION), AS ENFORCEMENT AGENCY FOR THE CITY OF MORRO BAY; (ADMINISTRATION) RECOMMENDATION: Adopt Resolution No. 07-03. A-3 RESOLUTION NO. 09-03 APPROVING ASSIGNMENT OF LEASE FOR LEASE .SITES 53-56/53W-56W LOCATED AT 501 EMBARCADERO; (HARBOR) RECOMMENDATION: Adopt Resolution No. 09-03. A-4 RESOLUTION NO. 10-03 APPROVING LEASE AMENDMENT FOR LEASE SITES 102/102W LOCATED AT 1061 FRONT STREET; (HARBOR) RECOMMENDATION: Adopt Resolution No. 10-03. L+ J 5 ® MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING — FEBRUARY 10, 2003. A-5 AUTHORIZATION TO FILE NOTICE OF COMPLETION: PROJECT NO. 81- 16; LILA KEISER PARK EAST FIELD LIGHTING; (RECREATION & PARKS) RECOMMENDATION: Accept the project as completed by Benergy Inc., and authorize the filing of the Notice of Completion. A-6 PROCLAMATION DESIGNATING TUESDAY, FEBRUARY 25, 2003 AS "SPAY DAY USA"; (ADMINISTRATION) RECOMMENDATION: Adopt Proclamation. Councilmember Peirce pulled Items A-2 and A-3 from the Consent Calendar. MOTION: Councilmember Peirce moved the City Council approve the Consent Calendar with the exception of Items A-2 and A-3. The motion was seconded by Councilmember Elliott and carried unanimously. (5-0) ® A-2 RESOLUTION NO. 07-03 APPROVING THE DESIGNATION OF THE SAN LUIS OBISPO COUNTY INTEGRATED WASTE MANAGEMENT AUTHORITY (ENFORCEMENT SECTION), AS ENFORCEMENT AGENCY FOR THE CITY OF MORRO BAY; (ADMINISTRATION) 01 Councilmember Peirce asked if all cities in the county are affected by the approval of this responsibility. Councilmember Elliott responded the County Health Department was in charge of the enforcement of the IWMA, and became overwhelmed with the responsibility. State law allows the IWMA to take the responsibility if all cities in the county agree. MOTION: Councilmember Peirce moved the City Council approve Item A-2 of the Consent Calendar. The motion was seconded by Councilmember Elliott and carried unanimously. (5-0) A-3 RESOLUTION NO. 09-03 APPROVING ASSIGNMENT OF LEASE FOR LEASE SITES 53-56/53W-56W LOCATED AT 501 EMBARCADERO; (HARBOR) Councilmember Peirce stated he received the answer to his question and has no further comments. n. ® MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING — FEBRUARY 10, 2003 MOTION: Councilmember Peirce moved the City Council approve Item A-3 of the Consent Calendar. The motion was seconded by Councilmember Elliott and carried unanimously. (5-0) B. PUBLIC HEARINGS. REPORTS & APPEARANCES B-I RESOLUTION NO. 08-03 APPROVING CABLE TELEVISION FRANCHISE RENEWAL AGREEMENT WITH CHARTER COMMUNICATIONS; (ADMINISTRATION) Management Analyst Janeen Burlingame stated over the past several years, as part of the cable franchise renewal process, the City gathered information from the public and assessed needs through various activities such as public hearings and an extensive survey conducted in the winter of 2000. In addition, towards the end of July 2000, the City hired Carl Pilnick of Telecommunications Management Corporation to provide consulting services to draft an updated cable ordinance for Council to adopt, review Charter's franchise renewal proposal, conduct a technical evaluation of the cable system, and draft a new franchise agreement. On March 26, 2001, the City Council adopted the updated cable ordinance and since that time efforts have been made to negotiate a new franchise agreement with Charter Communications. After a long and complex franchise renewal negotiation process; the parties have reached agreement regarding the terms and conditions of a renewed franchise agreement. Ms. Burlingame stated the Public Works Advisory Board considered this item at its January 28, 2003 meeting and recommended the City Council approve the Cable Television Franchise renewal agreement with Charter Communications via adoption of Resolution No. 08-03. Mayor Yates opened the hearing for public comment. Maria Slavin, PTA President, stated she appreciates and values the service that Charter Communications provides to the community and the local schools. Brent Wiley, Evangelist for Cayucos Church of Christ, stated they televise their church services and he applauds Charter Communications for their professionalism. Kristen Mulgrew coordinates traffic reports for Charter Communications and she said Charter provides 130 hours per week of public access programming; she encouraged more people to participate in this program. Nancy Barta, President of Morro Bay Merchants Association, expressed support for Charter Communications, and also acknowledged what Charter did for the SLO Health Committee by televising health matters. ® Ray McKelligott asked what channels are included in the cable's low rate plan. 7 ® MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING — FEBRUARY 10, 2003 Melody DeMeritt, Public Works Advisory Board Member, stated the City should negotiate for the lowest tier to include better channels. She said the FCC states the City could only negotiate on the cable service and not the internet service. Gary Ryan stated his experiences with Charter Communications through various events in the City have been good. Meredith Bates addressed the franchise renewal process stating there is a lot of detail and requested the Council not make a hasty decision because of the process. She said there should he an audit on the financial stability of the company. Ms. Bates also asked how the Public Works Advisory Board could make an informed decision without all of the information. Kim Kimball thanked Charter Communications for their efforts with the festivities that take place in the City. John Barta stated government access started a few years ago with very little, and Charter Communications has assisted in promoting it along with promoting all the festivities in ® Morro Bay. Steve Mathieu, AGP Video, stated Morro Bay should be proud to be the leader of public access in the county; he said this could not happen without Charter Communications. E Mayor Yates closed the public comment hearing Councilmember Peirce stated he was on the sub -committee who reviewed the franchise agreement and found it to be an acceptable agreement. He said the City's relationship with Charter Communications has been a positive one. Councilmember Peters also served on the sub -committee who reviewed the franchise agreement. She said Charter Communications has been supportive of the City from the beginning. Referring to the internet and telephone service, Councilmember Peters stated if the government allows those services to be charged, the City will receive those franchise fees. She said advisory bodies should be able to review agreements and make timely recommendations. Councilmember Peters made a recommendation for additional information to the text in the agreement. Councilmember Winholtz stated ten years is a long time for a binding contract and recommended reducing it to a five-year contract." A ® MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING — FEBRUARY 10, 2003 Councilmember Elliott stated Charter Communications has served this community very well, and he supports the agreement as it is written. Mayor Yates stated he agrees and expressed his support for the agreement. MOTION: Councilmember Elliott moved the City Council adopt Resolution No. 08- 03 approving the Cable Television Franchise renewal agreement with Charter Communications. The motion was seconded by Councilmember Peirce and carried with Councilmember Peters and Councilmember Winholtz voting no. (3-2) Councilmember Peters stated she is in approval of the Cable Television franchise renewal agreement; she voted in opposition because the language she proposed for amendment to the agreement was not accepted. Mayor Yates called for a break at 8:35 p.m.; the meeting resumed at 8:48 p.m. ® B-2 REVIEW OF ANNUAL WATER REPORT; (PUBLIC SERVICES) Planning Manager Greig Cummings stated the Planning Commission during their regular meeting of January 6, 2003 reviewed the annual water report presented by staff as required by Section 13.20.060 of the Morro Bay Municipal Code. The Planning Commission approved a motion to recommend adoption of staffs recommendations of the Planning Commission staff report dated December 31, 2002 with amendments to increase the water allocation to 100 percent water equivalency units. The Planning Commission consideration of the water report was taken without the benefit of the San Luis Obispo Council of Governments determination on the "regional fair share" number of housing units that the City of Morro Bay would have to provide for in the City Housing Element. However, the Planning Commission wished to assure that there would be an adequate allocation to meet the requirements of the City's fair share. The Public Works Advisory Board adopted a recommendation at their January 28, 2003 meeting that took into account the fair share housing allocation. They also expressed a concern that the initial number of units allocated to single family dwellings may not satisfy the actual market demand. Staffs recommendation takes into account both the Planning Commission's and the Public Works Advisory Board's concerns with the allocation. Also, the adequacy of water for future development in the Boyle Engineering Analysis and Recommendations for a Water Management Plan adopted by the City Council in February 1994 was based on assumptions of residential density in the General Plan. Mr. Cummings recommended pursuant to the procedures established in the Morro Bay ® Municipal Code, the City Council implements the following: 0 ® MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING — FEBRUARY 10, 2003 1. Allocate a mix of 86 residential units to 23 single family and 63 multi -family units, and authorize the corresponding water equivalency allocation for residential uses at 62.00 water equivalency units. In addition, carry over the additional one-time allocation of up to 32 additional single—family dwelling units to accommodate build - out of the Colmer Subdivision and the required three low income units in a single phase in 2002-2003. per prior City Council direction; 2. Process residential allocation limits on a first-come/first-serve basis, based on the priorities contained in the current General Plan and Local Coastal Plan policies. Roll over up to 32 of the un-requested multi -family allocations to single family after the second quarter of the year and the remainder after the third quarter; 3. Authorize allocation of 130% of the residential water equivalency units to commercial and industrial projects within the priority categories consistent with the current Local Coastal Plan and General Plan policies; and 4. No longer require a review by the Director of Public Services for projects that ® require more than 8 water equivalency units if they are consistent with the General Plan densities anticipated in the Boyle Engineering Analysis and Recommendations for a Water Management Plan adopted by the City Council in February 1994. Mayor Yates opened the hearing for public comment. John Barta, Planning Commission Chairman, recommended the.City Council not change the value of a water equivalency unit. He said the Commission has always made sure there is enough water for multi -family use. Mayor Yates closed the public comment hearing. Councilmember Winholtz stated she supports the report. Councilmember Elliott stated he supports the Planning Commission recommendation by allocating 100 water equivalency units. He said this would allow the City to build low- income housing and comply with State HCD required allocation. Councilmember Peters stated she supports the Planning Commission recommendation. Councilmember Peirce stated he supports the Planning Commission recommendation. [to] ® MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING — FEBRUARY 10, 2003 MOTION: Councilmember Peters moved the City Council allocate 100 water equivalency units, 40% set aside for multi -family residential, with a rollover to occur for permit allowances in the fourth quarter. The motion was seconded by Councilmember Elliott and carried unanimously. (5-0) C. UNFINISHED BUSINESS C-I REPORT ON REHABILITATION OF 220 ATASCADERO ROAD BUILDING; (RECREATION & PARKS) Recreation & Parks Director Andrea Lueker stated the City purchased the property at 220 Atascadero Road with the intention of using it for the City's teen center. Prior to beginning a renovation for the teen center, a more appropriate site became available and the City subsequently purchased that site located at 231 Atascadero Road. From late 2000 until the purchase date, the City has leased the vacant land at 220 Atascadero Road for a BMX bike track. For the past 12 months, the structures located on the property have been used as a storage area for City records. At the December 9, 2002 meeting, the City Council directed staff to assess the main building's suitability for use as a skating rink and/or meeting ® facility. Macie Engineering was on site in August 2001 in order to assess the building in general. The conclusions included recommendations on renovations that would involve the roof diaphragm/wall connection. A second structural review was performed on the facility in June 2002 in anticipation of using the facility for a teen center, and the report states the building appears to be generally in sound structural condition. The engineering report did outline several additional checks that should occur to substantiate the conclusions in terms of seismic adequacy in both the skating rink and residence. Ms. Lueker recommended the City Council continue with the current use until the City records storage issue is resolved, and a decision is made concerning the status and location of the Corporation Yard and/or swimming pool, Mayor Yates expressed his support for bringing skating back to Morro Bay. He suggested fixing up the building and lease the business as a skating rink. He recommended the City send out a Request for Proposal to lease the building for a skating rink. Councilmember Peirce stated perhaps a tenant would be willing to do the rehabilitation in lieu of rent of the house. He said he is in support of having a skating rink return to Morro Bay or sell it to someone who wants to run a skating rink. Councilmember Peters suggested the building be used for multi -use purposes. She said it could be used for skating on the weekends and perhaps a meeting room on weekdays. oCouncilmember Peters stated the tourism industry needs a place for conventions. 11 ® MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING — FEBRUARY 10, 2003 Councilmember Winholtz suggested the City sell the building with the stipulation of it being a skating rink. She said she supports a skating rink; however, the City should not be in business as a skating rink. Councilmember Elliott stated a decision should be made on what to do with this building. He said he is not in favor of subsidizing a business and perhaps the City should sell it. MOTION: Councilmember Elliott moved the City Council direct staff to prepare a Request for Proposal to re -open the building at 220 Atascadero Road as a skating rink; the City will repair the building at its expense if a business proposal is accepted. The motion was seconded by Councilmember Peirce and carried with Councilmember Peters voting no. (4-1) D. NEW BUSINESS D-1 MID -YEAR BUDGET UPDATE; (FINANCE) ® Finance Director Jim Koser stated as the City reaches the halfway point of the fiscal year. the City is beginning to feel the impact of the national economic downturn; transient occupancy taxes and City sales and use taxes are both under -performing. The State's financial crisis has grown to such proportion that it is unlikely any level of government in the state will remain financially unscathed. Staff believes the City will suffer the additional loss of a minimum of $400,000 per fiscal year due to the state crisis; the timing of when that will begin is still unclear. In addition, the ailing energy market and other factors have combined to cause Duke Energy to keep the Morro Bay power plant off-line for extended periods. As a result, we expect to see a significant reduction in Natural Gas franchise fees. Given this assessment, many City departments have chosen not to make any mid -year budget adjustment requests. The City does have some mid -year adjustments to consider along with a couple of significant real estate purchase transactions that took place after the budget was adopted and need to be included in the mid -year adjustment. Mr. Koser recommended the City Council direct staff to prepare a Supplemental Appropriation Resolution to modify the budgets; make a finding that Bauer Compressor is the only qualified vendor of the breathing apparatus employed by the Morro Bay Fire Department and that sole source purchasing procedures are reasonable in this particular procurement; and,direct staff to immediately implement budget cuts for the current year as the City Council may choose. 12 MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING — FEBRUARY 10, 2003 MOTION: Councilmember Winholtz moved the City Council direct staff to prepare a Supplemental Appropriation Resolution to modify the budgets; make a finding that Bauer Compressor is the only qualified vendor of the breathing apparatus employed by the Morro Bay Fire Department and that sole source purchasing procedures are reasonable in this particular procurement. The motion was seconded by Councilmember Peters and carried unanimously. (5-0) MOTION: Mayor Yates moved the City Council direct the City Manager to identify the cuts that would be required to balance the budget excluding tourism advertisements or hiring freeze of public safety employees. The motion was seconded by Councilmember Peirce carried with Councilmember Winholtz voting no. (4-1) D-2 DISCUSSION ON FEDERAL, STATE AND LOCAL FUNDING FOR STREET REHABILITATION PROJECTS; (PUBLIC SERVICES) Capital Projects Manager Bill Boucher stated at the January 27, 2003 City Council meeting, ® Council expressed concern when hearing Main Street north of Highway 41 might not be rehabilitated in the near future due to money issues. The State funding for this street has been postponed into a future fiscal year due to the State's financial conditions and the roadway continues to deteriorate. The purpose of this report is to outline current and future State and Federal funding opportunities and their respective requirements and restrictions, and to propose strategies for the upcoming community street rehabilitation projects. The total cost for the overlay of Main Street from Highway 41 to Yerba Buena Street is $375,000. State funds in the amount of $197,000 are available for overlay of "collector' and "arterial" streets in the community with all other potential funding sources being local. Overlay or slurry of Main Street would include installation of Class 2 bike lanes that require the deletion of on -street parking. Staff has developed alternate strategies through which some or all of Main Street can be overlaid this spring using a combination of State and local monies without losing future funding opportunities. These options include using all currently available State funds plus varying amounts of local funds presently allocated to rehabilitate residential streets for part of the Main Street effort. Mr. Boucher recommended the City Council discuss funding for street rehabilitation projects, and authorize staff to advertise for bids for the Spring 2003 Street Overlay Project. E Councilmember Peirce identified problems that may occur if on -street parking is removed on Main Street. 13 ® MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING — FEBRUARY 10, 2003 MOTION: Councilmember Peters moved the City Council approve Option #2, removing the medians and use that funding for road rehabilitation. The motion was seconded by Councilmember Winholtz. Councilmember Peirce stated he does not want to remove the medians because it may cost more for the road rehabilitation. Councilmember Peters amended her motion to include the medians in the motion; Councilmember Winholtz withdrew her second. Councilmember Peirce seconded the motion as amended. VOTE: The motion carried unanimously. (5-0) D-3 DISCUSSION ON CITY SPONSORSHIP FOR THE 2003 MORRO BAY FAMILY FUN FOURTH OF JULY; (ADMINISTRATION) MOTION: Councilmember Elliott moved the City Council table this item. The ® motion was seconded by Councilmember Peters and carried unanimously. (5-0) D-4 COUNCIL REQUEST TO DISCUSS THE SELECTION OF COMMISSION AND ADVISORY BOARD MEMBERS; (CITY COUNCIL) This item was continued to the February 24, 2003 City Council meeting. D-5 COUNCIL REQUEST TO DISCUSS PLACEMENT OF A MOBILEHOME RENT REVIEW BOARD; (CITY COUNCIL) This item was continued to the February 24, 2003 City Council meeting. ADJOURNMENT The meeting adjourned at-10:45 p.m. Recorded by: / Bridgett Bauer City Clerk n 14 ® City of Morro Bay City Council Agenda Mission Statement The City of Morro Bay is dedicated to the preservation and enhancement of the quality of life. The City shall be committed to this purpose and will provide a level of municipal service and safety consistent with and responsive to the needs of the public. REGULAR MEETING — JANUARY 27, 2003 CLOSED SESSION — JANUARY 27, 2003 CITY HALL CONFERENCE ROOM - 5:00 P.M. 595 HARBOR ST., MORRO BAY, CA C CS-1 GOVERNMENT CODE SECTION 54956.9(b); CONFERENCE WITH LEGAL COUNSEL DUE TO ANTICIPATED LITIGATION. Significant exposure to litigation exists based upon existing facts and the advice of legal counsel as to one (1) matter. IT IS NOTED THAT THE CONTENTS OF CLOSED SESSION MEETINGS ARE CONFIDENTIAL AND EXEMPT FROM DISCLOSURE. 11 ® PUBLIC SESSION — JANUARY 27, 2003 VETERANS MEMORIAL HALL - 6:00 P.M. 209 SURF ST., MORRO BAY, CA ESTABLISH QUORUM AND CALL TO ORDER MOMENT OF SILENCE PLEDGE OF ALLEGIANCE 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 he followed: • When recognized by the Mayor, please come forward to the podium and state your name and address for the record. Comments are to be limited to three minutes. ® • All remarks shall be addressed to Council, as a whole, and not to any individual member thereof. • No person shall be permitted to make slanderous, profane or personal remarks against any elected official, commission and/or staff. COUNCIL DECLARATION OF FUTURE AGENDA ITEMS A. CONSENT CALENDAR Unless an item is pulled for separate action by the City Council, the following actions are approved without discussion. A-1 APPROVAL OF MINUTES FOR THE REGULAR MEETING OF JANUARY 13, 2003; (ADMINISTRATION) RECOMMENDATION: Approve as submitted. A-2 CASH & INVESTMENT REPORTS - NOVEMBER AND DECEMBER, 2002; (FINANCE) RECOMMENDATION: Receive for information. 2 1J U C11 A-3 EXPENDITURE REPORTS - NOVEMBER AND DECEMBER. 2002; (FINANCE) RECOMMENDATION: Approve as submitted. A-4 PROPOSED REVISIONS TO THE BUDGET CALENDAR; (FINANCE) RECOMMENDATION: Receive for information. A-5 RESOLUTION NO. 05-03 ADOPTING THE MEMORANDUM OF UNDERSTANDING WITH THE MORRO BAY FIRE FIGHTERS AND RELATED COMPENSATION; (ADMINISTRATION) RECOMMENDATION: Adopt Resolution No. 05-03. B. PUBLIC HEARINGS. REPORTS & APPEARANCES B-I PUBLIC HEARING TO OBTAIN CITIZEN INPUT FOR CITY PRIORITIES FOR THE NEXT TWO YEARS; (FINANCE) RECOMMENDATION: Receive public input on City priorities for the next two years. C. UNFINISHED BUSINESS C-1 APPROVAL OF DOWNTOWN AREA PUBLIC IMPROVEMENT PLANS AND AUTHORIZATION TO SUBMIT FOR BID; (PUBLIC SERVICES) RECOMMENDATION: Approve the project plans, and direct staff to pursue the construction of the project. D. NEW BUSINESS D-1 RESOLUTION NO. 06-03 AWARDING CONTRACT TO PURCHASE ONE NEW TROLLEY AND DISCUSSION OF DISPOSAL OF THE TROLLEY BEING REPLACED; (ADMINISTRATION) RECOMMENDATION: Adopt Resolution No. 06-03 awarding a contract to Molly Corporation in the amount of $105,432.55; and, declare the 1985 trolley surplus and dispose of the vehicle through a bid solicitation. D-2 PROPOSAL FOR MORRO BAY PHOTOVOLTAIC PROJECT; (RECREATION & PARKS) RECOMMENDATION: Discuss and direct staff accordingly. K LJ D-3 DISCUSSION ON OFF -LEASH DOG PARK LOCATIONS; (RECREATION & PARKS) RECOMMENDATION: Consider the recommendation made by the Recreation & Parks Commission and designate an area for an off -leash dog park in Morro Bay; or, give staff further direction to research privately -owned property for such a facility. D-4 DISCUSSION OF PUBLIC RIGHT-OF-WAY TREE REPLACEMENT POLICY; (MAYOR) RECOMMENDATION: Receive a report from Mayor Yates, discuss and direct staff accordingly. D-5 DISCUSSION OF PUBLIC SERVICE ANNOUNCEMENTS ON CHANNEL 20; (MAYOR) RECOMMENDATION: Receive a report from Mayor Yates, discuss and direct staff accordingly. D-6 DISCUSSION ON CITY APPOINTMENT TO THE ECONOMIC OPPORTUNITY ® COMMISSION; (CITY COUNCIL) RECOMMENDATION: Re -appoint a Council Member to serve as the City's representative on the Economic Opportunity Commission. Lo 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 — JANUARY 27, 2003 CITY HALL CONFERENCE ROOM - 5:00 P.M. Mayor Yates called the meeting to order at 5:00 p.m PRESENT: William Yates Mayor Dave Elliott Councilmember William Peirce Councilmember Janice Peters Councilmember Betty Winholtz Councilmember STAFF: Robert Hendrix City Manager Robert Schultz City Attorney CLOSED SESSION MOTION: Councilmember Peirce moved the meeting be adjourned to Closed Session. The motion was seconded by Councilmember Peters and unanimously carried. (5-0) Mayor Yates read the Closed Session statement. ® CS-1 GOVERNMENT CODE SECTION 54956.9(b); CONFERENCE WITH LEGAL COUNSEL DUE TO ANTICIPATED LITIGATION. Significant exposure to litigation exists based upon existing facts and the advice of legal counsel as to one (1) matter. The meeting adjourned to Closed Session at 5:00 p.m. and returned to regular session at 5:50 p.m. MOTION: Councilmember Peirce moved the meeting be adjourned. The motion was seconded by Councilmember Peters and unanimously carried. (5-0) The meeting adjourned at 5:50 p.m. H MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - JANUARY 27, 2003 VETERANS MEMORIAL HALL - 6:00 P.M. Mayor Yates called the meeting to order at 6:00 p.m PRESENT: William Yates Mayor Dave Elliott Councilmember William Peirce Councilmember Janice Peters Councilmember Betty Winholtz Councilmember STAFF: Robert Hendrix Robert Schultz Bridgett Bauer Rick Algert Bruce Ambo Bill Boucher Janeen Burlingame Jeff Jones Jim Koser Andrea Lueker ESTABLISH QUORUM AND CALL TO ORDER MOMENT OF SILENCE PLEDGE OF ALLEGIANCE City Manager City Attorney City Clerk Harbor Director Public Services Director Capital Projects Manager Management Analyst Fire Chief Finance Director Recreation & Parks Director MAYOR'S REPORTS & ANNOUNCEMENTS CLOSED SESSION REPORT - City Attorney Robert Schultz reported the City Council met in Closed Session, and no reportable action under the Brown Act was taken. PUBLIC COMMENT Tom Templeton referred to a letter to the editor in The Tribune that named the Mono Rock parking lot restroom as one of the area's worst restrooms. He requested the City Council consider upgrading the area surrounding Mono Rock. David Nelson addressed an article in The Tribune regarding Morro Bay's revenue budget plunge and noted the power plant upgrade will not benefit the City. He said three minutes is not enough time to get a viewpoint across to the Council. Ken Vesterfelt expressed his apology for comments made at the last Council meeting.' El O MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - JANUARY 27, 2003 Lyle Johnston reported on the successful volunteer planting of oak trees in Morro Bay State Park. He said the street trees (red flowering eucalyptus) in Morro Bay are under serious attack by imported pests, and noted eucalyptus of any species should not be planted in the future in Mono Bay. Darby Neil, Virg's Landing, announced a fundraiser/membership dinner on February 22, 2003 in Mono Bay sponsored by the Central Coast Fisheries Conservation Coalition in efforts to protect commercial and recreational fishing rights. Mary Leizear supports staff recommendation on Item D-3 (discussion on off -leash dog park locations). Melody DeMeritt referred to the Tri-W property and noted fences are up and the cows are grazing on this property. She said not all residents on Downing Street were notified of this use. Ms. DeMeritt referred to weed abatement and the destruction of a tree surrounding this area. Brent Johns, Board Member of Silver City Mobilehome Park, reported the owner of the ® park is charging the tenants for the use of natural gas. Mr. Johns requested the City Council direct the City Attorney to issue a cease and desist order on the park owner. Stan House supports Item D-3, as well as supports dogs on the beach. He also requested the public donate to the fishermen's cause by attending the fundraiser dinner that Mr. Neil addressed. Nelson Sullivan stated the Council's procedure for filling the vacancies on the Harbor Advisory Board was not very democratic. Bob Tefft stated seagulls are bad especially when trashcans are full on the Embarcadero; he suggested the City order extra trash pick-up on weekends and holidays. Colleen Johnson stated the shut down of the power plant has been beneficial since it shows that less energy has been used. She requested Council not consider dirty industry for revenue and rather consider eco-tourism by using the location of the power plant, if it is decommissioned, for a use that would benefit tourism such as a natural museum. Lynda Merrill stated a member of Council should not berate a public speaker's comment. Mayor Yates closed the hearing for public comment. 0 Mayor Yates called for a break at 7:08 p.m.; the meeting resumed at 7:23 p.m. M 10 21 MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - JANUARY 27, 2003 DECLARATION OF FUTURE AGENDA ITEMS Councilmember Winholtz requested to agendize the consideration of a Mobilehome Rent Review Board. Councilmember Winholtz also requested to agendize the discussion on selection of commission and advisory board members. Mayor Yates stated he would be placing on a future agenda the review of the City's ethics code. A. CONSENT CALENDAR Unless an item is pulled for separate action by the City Council, the following actions are approved without discussion. A-1 APPROVAL OF MINUTES FOR THE REGULAR MEETING OF JANUARY 13, 2003; (ADMINISTRATION) RECOMMENDATION: Approve as submitted. A-2 CASH & INVESTMENT REPORTS - NOVEMBER AND DECEMBER, 2002; (FINANCE) RECOMMENDATION: Receive for information. A-3 EXPENDITURE REPORTS - NOVEMBER AND DECEMBER 2002; (FINANCE) RECOMMENDATION: Approve as submitted. A-4 PROPOSED REVISIONS TO THE BUDGET CALENDAR; (FINANCE) RECOMMENDATION: Receive for information. A-5 RESOLUTION NO. 05-03 ADOPTING THE MEMORANDUM OF UNDERSTANDING WITH THE MORRO BAY FIRE FIGHTERS AND RELATED COMPENSATION; (ADMINISTRATION) RECOMMENDATION: Adopt Resolution No. 05-03. 0 ® MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - JANUARY 27, 2003 Mayor Yates pulled Items A-1, A-4 and A-5 from the Consent Calendar; and Councilmember Peters pulled Item A-3. MOTION: Councilmember Peirce moved the City Council approve Item A-2 of the Consent Calendar. The motion was seconded by Councilmember Peters and carried unanimously. (5-0) A-1 APPROVAL OF MINUTES FOR THE REGULAR MEETING OF JANUARY 13, 2003; (ADMINISTRATION) Mayor Yates noted a correction on page 7 of the minutes. MOTION: Councilmember Peirce 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-3 EXPENDITURE REPORTS - NOVEMBER AND DECEMBER, 2002; (FINANCE) ® Councilmember Peters noted the report generated from the new software shows no indication of what the expenditure is for. Finance Director Jim Koser responded he could prepare a more detailed report and place it in the Council "Read File" for review. El Mayor Yates suggested the Council review the Expenditure Report in the "Read File" in the City Clerk's office instead of duplicating a copy for each Council Member. MOTION: Councilmember Peirce moved the City Council approve Item A-3 of the Consent Calendar. The motion was seconded by Councilmember Winholtz and carved unanimously. (5-0) AA PROPOSED REVISIONS TO THE BUDGET CALENDAR; (FINANCE) The City Council reviewed the dates for the budget review and changed the special Council workshop to establish priorities from March 6 h to March 5's; and changed the second public budget workshop from May 15a' to May 22"a MOTION: Councilmember Winholtz moved the City Council approve Item A-4 of the Consent Calendar. The motion was seconded by Councilmember Peters and carried unanimously. (5-0) 5 ® MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - JANUARY 27, 2003 A-5 RESOLUTION NO. 05-03 ADOPTING THE MEMORANDUM OF UNDERSTANDING WITH THE MORRO BAY FIRE FIGHTERS AND RELATED COMPENSATION; (ADMINISTRATION) City Manager Robert Hendrix noted there was a handwritten annotation on page 7 of the Memorandum of Understanding that was not intended to be in the final contract. Mayor Yates stated he would be voting in opposition to this Memorandum of Understanding. MOTION: Councilmember Winholtz moved the City Council approve Item A-5 of the Consent Calendar. The motion was seconded by Councilmember Elliott and carried with Mayor Yates voting no. (4-1) B. PUBLIC HEARINGS. REPORTS & APPEARANCES B-1 PUBLIC HEARING TO OBTAIN CITIZEN INPUT FOR CITY PRIORITIES ® FOR THE NEXT TWO YEARS; (FINANCE) Finance Director Jim Koser stated the priority setting process is intended to provide the City Council with a mechanism to, develop priorities and policies that will become staffs orders for the next two-year budget cycle. He noted the public hearing is intended to provide direct access for citizens to address City priorities with the City Council. Mayor Yates opened the hearing for public comment. Jim Wood stated a social economic study on the fishing industry should be prepared. Amber Sandoval and Shawna Battalia-Winfield addressed the importance of a swimming pool for recreational and safety purposes; and the need for a permanent skate park in Morro Bay. David Nelson stated a swimming pool; sewer plant and street improvements should be considered priorities. Dawn Fuhrberg addressed public safety on Main Street at Highway 41, and suggested a foot/bicycle overpass at LaJolla Street. She also noted the importance of a swimming pool for swimming lessons. Lynda Merrill expressed the importance of sewer plant improvements; and requested the ® Council remove plans for a civic center. 0 A MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - JANUARY 27, 2003 Mike Sheraude requested the consideration of a permanent skate park in Morro Bay. Bob Tefft suggested the City consider an advisory body to mitigate the affects on citizen growth and preserving the quality of life in Morro Bay. He also suggested the City develop projects and priorities on a regular on -going basis. Ken Vesterfelt expressed the support of Morro Bay Beautiful for an off -leash dog park. He also suggested the upgrade of community facilities. Nelson Sullivan requested Council consider lateral public access as a priority. Garry Johnson requested the consideration of a swimming pool, off -leash dog park, tree planting, and parking as priorities. Jane von Koehe stated activities for young children (0-12 years) should be considered as priority. Eileen Dooring expressed the need for an off -leash dog park in Morro Bay. ® Calvin Baker stated parking downtown and/or enforcement of parking restrictions should be considered as priorities. Nancy Johnson stated a permanent skate park should be considered a priority. Kevin Winfield requested Council consider a swimming pool; bike paths; and bridge over Mono Creek as priorities. Mayor Yates closed the public comment hearing. Council received the public input, and encouraged citizens to continue with further input for Council's consideration during budget hearings. Based on citizen input, Council reviewed upcoming street improvements with staff, noting the importance for improvements on North Main Street. D] ® MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - JANUARY 27, 2003 C. UNFINISHED BUSINESS C-1 APPROVAL OF DOWNTOWN AREA PUBLIC IMPROVEMENT PLANS AND AUTHORIZATION TO SUBMIT FOR BID; (PUBLIC SERVICES) Capital Projects Manager Bill Boucher stated since the demonstration of street lights and Council's selection of the preferred alternative in November 2002, the designer has been preparing the project construction plans. He said those plans are before Council tonight for review and approval. Mr. Boucher stated staff has been working with the lighting supplier and PG&E in the effort to coordinate the necessary activities for completion of construction prior to Memorial Day 2003. He said delivery time for the light standards is about 12 weeks, and pre -ordering by the City is mandatory to meet the schedule. This requires that the construction specifications be structured for the contractor to install City -supplied materials. Mr. Boucher noted discussions with PG&E have yielded the fact that both in order to select the street light standards and meet the schedule this spring, the City needs to put the entire electrical system on metered service. Currently, the City street lights are 'on a flat monthly billing rate structure with PG&E owning and maintaining the lights. Mr. Boucher recommended the City Council approve the plans, ® and direct staff to pursue the installation of improvements. Councilmember Peters stated "for the record" she previously requested to see a demonstration on glare shielding from the light fixtures. MOTION: Councilmember Elliott moved the City Council approve the plans, and direct staff to pursue the installation of improvements, including direct purchase of previously approved lighting fixtures from Prudential Lighting. The motion was seconded by Councilmember Peirce. Councilmember Peters stated she would be voting in opposition to this motion because, due to public input on the need for repaving of North Main Street, she would prefer to use the $250,000 for paving North Main Street instead of pursue improvements of downtown. Councilmember Peirce stated the funds used for these improvements would not be recovered if spent on paving North Main Street. Mayor Yates stated he would support the downtown improvements because he promised it would be a priority before he was elected. Councilmember Winholtz stated she would be supporting Councilmember Peters' comments and will vote in opposition to this motion. ® VOTE: The motion carved with Councilmember Peters and Councilmember Winholtz voting no. (3-2) 8 i� ® MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - JANUARY 27, 2003 Mayor Yates called for a break at 8:45 p.m.; the meeting resumed at 8:55 p.m. D. NEW BUSINESS D-1 RESOLUTION NO. 06-03 AWARDING CONTRACT TO PURCHASE ONE NEW TROLLEY AND DISCUSSION OF DISPOSAL OF THE TROLLEY BEING REPLACED; (ADMINISTRATION) Management Analyst Janeen Burlingame stated the 1985 trolley is not wheelchair accessible per Americans with Disabilities Act (ADA) requirements and needs to be replaced as the primary route vehicle for the second trolley route that was added in 2001. Over the past year and a half, staff has been successful in obtaining state and federal grants to fund the replacement of the 1985 trolley. On December 2, 2002 staff sent an Invitation to Bid to twelve trolley manufacturers throughout the country, three of which were located in California. The City received bids from two companies (Molly Corporation and Specialty Vehicles). The bid from Molly Corporation did not have any deviations from the required bid specifications; however, the bid from Specialty Vehicles was rejected from further consideration due to major material deviations from the ® required specifications that are not acceptable alternatives. Ms. Burlingame recommended the City Council adopt Resolution No. 06-03 awarding a contract to Molly Corporation in the amount of $105,432.55; and, declare the 1985 trolley surplus and dispose of the vehicle through a bid solicitation. MOTION: Councilmember Peirce moved the City Council adopt Resolution No. 06-03 awarding a contract to Molly Corporation in the amount of $105,432.55. The motion was seconded by Councilmember Peters. Councilmember Peirce amended his motion by deleting the first Whereas in the resolution discussing the disposition of the 1985 trolley; Councilmember Peters amended her second. VOTE: The motion carried unanimously. (5-0) The City Council discussed the disposition of the 1985 trolley. Councilmember Peirce stated he found there are still parts available for the 1985 trolley. He suggested covering the trolleys to protect them from the environment; and also undercoat the bottom of the 1985 trolley. Mayor Yates stated, according to the lead mechanic, the 1985 trolley has five years left ® for service. ® MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - JANUARY 27, 2003 Councilmember Elliott suggested taking advantage of local resources to refurbish the 1985 trolley, perhaps Morro Bay High School. He also said the trolleys should be covered and can be done for not much in cost. Councilmember Winholtz stated there should be a cap on how much is spent on refurbishing the 1985 trolley. MOTION: Councilmember Peirce moved the City Council reject the recommendation to sell the old trolley, and directed staff to begin research on refurbishing the old trolley. The motion was seconded by Councilmember Elliott and carried unanimously. (5-0) D-2 PROPOSAL FOR MORRO BAY PHOTOVOLTAIC PROJECT; (RECREATION & PARKS) Recreation & Parks Director Andrea Lueker introduced Acton Arlin Genet from the Air Pollution Control District, and Dr. Masoud Mehdizadeh, Cal Poly Professor of Mechanical Engineering who made a presentation to the City Council on a proposal for a ® Photovoltaic Project in Morro Bay. The purpose of this project is to install electricity generating solar panels at a public facility such as the Community Center. The electricity from the renewable source will reduce air quality impacts by decreasing energy demand on the grid and therefore reducing emissions at the power plant source. At the same time the project will serve as a tool to educate the public about renewable energy choices. Ms. Lueker recommended the City Council receive the presentation, and direct staff accordingly. 21 MOTION: Councilmember Peters moved the City Council endorse the Photovoltaic Project Proposal supporting the large PV project at the mid -range outreach plan. The motion was seconded by Councilmember Peirce and carried unanimously. (5-0) 10 ® MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - JANUARY 27, 2003 D-3 DISCUSSION ON OFF -LEASH DOG PARK LOCATIONS; (RECREATION & PARKS) Recreation & Parks Director Andrea Lueker stated an off -leash dog park in Morro Bay has been a topic of discussion for several years. The City Council, during their priority setting process in March 2001, indicated that an off -leash dog park was an important City goal. Both City Council and Recreation & Parks Commission have received a presentation by Ann Calhoun (SLO4PUPS) regarding the off -leash dog park in El Chorro Regional Park. There is no funding for an off -leash dog park at this time; however, there have been several Council Members who have donated some discretionary funds to the effort as well as several members of the public who have committed to this park. The Recreation & Parks Commission held a public hearing on this item in November 2002, and recommended two areas for potential off -leash dog parks. These areas were the western section of Del Mar Park or an area in the Rock parking lot. The Commission also discussed several areas that were privately held that were of interest. Ms. Lueker recommended the City Council consider the recommendation made by the Recreation & Parks Commission and designate an area for an off -leash dog park in Morro Bay; or, give ® staff further direction to research privately -owned property for such a facility. Mayor Yates stated he prefers the property by the Cloisters subdivision at Coral Avenue and Highway One. Councilmember Peters stated there is an established use and amenities are already available at Del Mar Park. Councilmember Elliott stated Del Mar Park has a potential for other uses, and he prefers the Cloisters area for this use. Councilmember Peirce stated he supports the Cloister's location; however, he has concern with parking. Councilmember Winholtz stated the Del Mar setting is beautiful; however, either site would be good. MOTION: Councilmember Elliott moved the City Council direct staff to continue with the proposed off -leash dog park at the Cloisters subdivision location at Coral Avenue and Highway One. The motion was seconded by Councilmember Peirce and carried unanimously. (5-0) M ® MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - JANUARY 27, 2003 D4 DISCUSSION OF PUBLIC RIGHT-OF-WAY TREE REPLACEMENT POLICY; (MAYOR) Mayor Yates suggested Council bring this item back to a future meeting. MOTION: Councilmember Elliott moved the City Council direct staff to locate the current public right-of-way tree replacement policy and return to Council. The motion was seconded by Councilmember Winholtz and carried unanimously. (5-0) D-5 DISCUSSION OF PUBLIC SERVICE ANNOUNCEMENTS ON CHANNEL 20; (MAYOR) Mayor Yates requested Council's support for him to place public service announcements on Channel 20. MOTION: Councilmember Winholtz moved the City Council approve the public ® service announcements with printed words and voice over that does not last more than 15 seconds. The motion was seconded by Councilmember Peters and failed with Councilmember Elliott, Councilmember Peirce and Mayor Yates voting no. (2-3) MOTION: Councilmember Peirce moved the City Council authorize the Mayor and/or his Council designee to interact with AGP Video to provide public service announcements that are to remain as short as possible. The motion was seconded by Councilmember Peters and carried with Councilmember Winholtz voting no. (4-1) D-6 DISCUSSION ON CITY APPOINTMENT TO THE ECONOMIC OPPORTUNITY COMMISSION; (CITY COUNCIL) MOTION: Councilmember Peirce moved the City Council authorize the City Manager to appoint a representative from the Planning Commission or Recreation & Parks Commission to serve on the Economic Opportunity Commission. The motion was seconded by Councilmember Peters and carried unanimously. (5-0) ADJOURNMENT - The meeting adjourned at 10:34 p.m. ® Recorded by: Bridgett Baauu'e"r` City Clerk 12 ® NOTICE OF SPECIAL CITY COUNCIL MEETING NOTICE IS HEREBY GIVEN that the Morro Bay City Council will be holding a Special Meeting on Thursday, January 23, 2003 at 6:00 p.m. to be held in the Community Center Studio Room, 1001 Kennedy Way, Morro Bay, California. The City Council will be interviewing applicants for vacancies on the City's Planning Commission, Recreation & Parks Commission, Harbor ® Advisory Board, Public Works Advisory Board, and Community Promotions Committee. DATED: January 17, 2003 Q� Bridgett B er, City Clerk Ef ® MINUTES - MORRO BAY CITY COUNCIL SPECIAL MEETING — JANUARY 23, 2003; 6:00 P.M. COMMUNITY CENTER MULTI PURPOSE ROOM Mayor Yates called the meeting to order at 6:00 p.m PRESENT: William Yates Mayor David Elliott Councilmember William Peirce Councilmember Janice Peters Councilmember Betty Winholtz Councilmember STAFF: Robert Hendrix City Manager The City Council held interviews to fill vacancies on the City's Planning Commission, Recreation & Parks Commission, Harbor Advisory Board, Public Works Advisory Board, and Community Promotions Committee. The following action was taken: HARBOR ADVISORY BOARD ® MOTION: Councilmember Peirce moved the City Council appoint Rodger Anderson (Commercial Fishing Representative) and Donald Lockwood (Recreational Boating Representative) to each serve a four-year term on the Harbor Advisory Board. The motion was seconded by Councilmember Elliott and carried with Councilmember Winholtz voting no. (4-1) COMMUNITY PROMOTIONS COMMITTEE MOTION: Councilmember Peters moved the City Council appoint Meredith Bates (Member-at-Large/Special Events Representative); William Clayton (Chamber of Commerce Representative) and John Solu (Motel/Restaurant Representative) to each serve a four-year term on the Community Promotions Committee. The motion was seconded by Councilmember Peirce and carried with Councilmember Winholtz voting no. (4-1) RECREATION & PARKS COMMISSION MOTION: Councilmember Winholtz moved the City Council appoint Stan House and Angela Ludy to each serve a one-year term on the Recreation & Parks Commission. The motion was seconded by Councilmember Elliott and carried unanimously. (5-0) 01 ® MINUTES — JANUARY 23, 2003 PAGE TWO PLANNING COMMISSION MOTION: Councilmember Peirce moved the City Council appoint Stephen Carnes and Sarah McCandliss to each serve a four-year term on the Planning Commission. The motion was seconded by Councilmember Peters and carried unanimously. (5-0) PUBLIC WORKS ADVISORY BOARD MOTION: Councilmember Peirce moved the City Council appoint John Lemons to serve a four-year term on the Public Works Advisory Board. The motion was seconded by Councilmember Elliott and carried with Councilmember Winholtz voting no. (4-1) MOTION: Councilmember Winholtz moved the City Council appoint Melody DeMeritt to serve a two-year term on the Public Works Advisory Board. The motion was seconded by Councilmember Peters and carried ® unanimously. (5-0) ADJOURNMENT - The meeting adjourned at 9:45 p.m. ® City of Morro Bay City Council Agenda Mission Statement The City of Morro Bay is dedicated to the preservation and enhancement of the quality of life. The City shall be committed to this purpose and will provide a level of municipal service and safety consistent with and responsive to the needs of the public. REGULAR MEETING — JANUARY 13, 2003 CLOSED SESSION - JANUARY 13, 2003 CITY HALL CONFERENCE ROOM - 5:00 P.M. 595 HARBOR ST., MORRO BAY, CA CS-1 GOVERNMENT CODE SECTION 54957.6, CONFERENCE WITH LABOR NEGOTIATOR. Conference with the City Manager, the City's Designated Representative, for the purpose of reviewing the City's position regarding salaries, ® salary schedules, or compensation paid in the form of fringe benefits, and giving instruction to the Designated Representative. CS-2 GOVERNMENT CODE SECTION 54956.8: REAL PROPERTY TRANSACTIONS. Instructing City's Real Property Negotiator regarding the price and terms of payment for the purchase, sale, exchange, or lease of real property as to two (2) parcels. Property: Lease site 128-128W Negotiating Parties: Sharon MooresNirg's Fish'n and the City Negotiations: Lease Terms and Conditions. Property: Embarcadero & Harbor Negotiating Parties: Hartzell Familly & City Negotiations: Purchase Terms and Conditions. CS-3 GOVERNMENT CODE SECTION 54956.9(b): CONFERENCE WITH LEGAL COUNSEL DUE TO ANTICIPATED LITIGATION. Significant exposure to litigation exists based upon existing facts and the advice of legal counsel as to one (1) matter. IT IS NOTED THAT THE CONTENTS OF CLOSED SESSION MEETINGS ® ARE CONFIDENTIAL AND EXEMPT FROM DISCLOSURE. ® PUBLIC SESSION - JANUARY 13, 2003 VETERANS MEMORIAL HALL - 6:00 P.M. 209 SURF ST., MORRO BAY, CA ESTABLISH QUORUM AND CALL TO ORDER MOMENT OF SILENCE PLEDGE OF ALLEGIANCE MAYOR AND COUNCILMEMBERS ANNOUNCEMENTS & PRESENTATIONS CLOSED SESSION REPORT PUBLIC COMMENT PERIOD - Members of the audience wishing to address the Council on City business matters (other than Public Hearing items under Section B) may do so at this time. To increase the effectiveness of the Public Comment Period, the following rules shall be followed: • When recognized by the Mayor, please come forward to the podium and state your name and address for the record. Comments are to be limited to three minutes. • All remarks shall be addressed to Council, as a whole, and not to any individual ® member thereof. • No person shall be permitted to make slanderous, profane or personal remarks against any elected official, commission and/or staff. COUNCIL DECLARATION OF FUTURE AGENDA ITEMS A. CONSENT CALENDAR Unless an item is pulled for separate action by the City Council, the following actions are approved without discussion. A-1 APPROVAL OF MINUTES FOR THE REGULAR MEETING OF DECEMBER 9, 2002; (ADMINISTRATION) RECOMMENDATION: Approve as submitted. A-2 RESOLUTION NO. 01-03 ADOPTING THE CITY'S INVESTMENT POLICY AND AUTHORIZING THE CITY TREASURER TO CARRY OUT SUBJECT POLICY ON BEHALF OF THE CITY COUNCIL; (FINANCE) RECOMMENDATION: Adopt Resolution No. 01-03. 2 ® A-3 RESOLUTION NO. 03-03 APPROVING MORRO BAY GARBAGE SERVICE INTERIM YEAR RATE ADJUSTMENT APPLICATION; (ADMINISTRATION) RECOMMENDATION: Adopt Resolution No. 03-03. A-4 RECOMMENDATION TO DECLARE A VACANCY ON THE RECREATION & PARKS COMMISSION; (RECREATION & PARKS) RECOMMENDATION: Declare a vacancy on the Recreation & Parks Commission. A-5 ACCEPTANCE OF LETTERS OF RESIGNATION FROM ONE PUBLIC WORKS ADVISORY BOARD MEMBER AND ONE RECREATION & PARKS COMMISSIONER; (ADMINISTRATION) RECOMMENDATION: Accept letters of recommendation. A-6 MONTHLY UPDATE ON COUNCIL REQUESTS; (ADMINISTRATION) RECOMMENDATION: Receive for information. B. PUBLIC HEARINGS. REPORTS & APPEARANCES B-I RESOLUTION NO. 02-03 REVOKING THE CERTIFICATE OF PUBLIC ® CONVENIENCE AND CITY BUSINESS LICENSE FOR BEACH CITIES CAB COMPANY; (POLICE) RECOMMENDATION: Adopt Resolution No. 02-03. C. UNFINISHED BUSINESS C-1 PROGRESS REPORT ON THE DUKE ENERGY POWER PLANT PROJECT: A) INTERVENTION B) NEW PROJECT INFORMATION C) FUNDING FOR INTERVENTION PROJECTS RECOMMENDATION: Receive for information. C-2 RESOLUTION NO. 04-03 DISCOURAGING CITY IMPACTS ON PARKING AND CIRCULATION DURING HIGH TOURIST SEASON; (PUBLIC SERVICES) RECOMMENDATION: Adopt Resolution No. 04-03. C-3 REPORT ON ADVISORY BOARD PRIORITIES AND REVIEW OF BUDGET CALENDAR; (FINANCE) ® RECOMMENDATION: Discuss and direct staff accordingly. 3 ® D. NEW BUSINESS D-I PRESENTATION OF FISCAL YEAR 2001/2002 AUDIT REPORT; (FINANCE) RECOMMENDATION: Accept the audit report for fiscal year 2001/2002. D-2 DISCUSSION OF AD -HOC COMMITTEE REGARDING PLANNING FOR TEEN CENTER RECOMMENDATION: Review the proposal to form an ad -hoc committee to advise the Recreation & Parks Commission on a program plan for the teen center, and appoint a Council Member to serve on the committee. i vaf f 10 loll ® 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. U ® MINUTES - MORRO BAY CITY COUNCIL CLOSED SESSION — JANUARY 13, 2003 CITY HALL CONFERENCE ROOM - 5:00 P.M. Mayor Yates called the meeting to order at 5:00 p.m PRESENT: William Yates Mayor Dave Elliott Councilmember William Peirce Councilmember Janice Peters Councilmember Betty Winholtz Councilmember STAFF: Robert Hendrix City Manager Robert Schultz City Attorney CLOSED SESSION MOTION: Councilmember Peirce moved the meeting be adjourned to Closed Session. The motion was seconded by Councilmember Peters and unanimously carried. (5-0) Mayor Yates read the Closed Session statement. ® CS-1 GOVERNMENT CODE SECTION 54957.6; CONFERENCE WITH LABOR NEGOTIATOR. Conference with the City Manager, the City's Designated Representative, for the purpose of reviewing the City's position regarding salaries, salary schedules, or compensation paid in the form of fringe benefits, and giving instruction to the Designated Representative. CS-2 GOVERNMENT CODE SECTION 54956.8: REAL PROPERTY TRANSACTIONS. Instructing City's Real Property Negotiator regarding the price and terms of payment for the purchase, sale, exchange, or lease of real property as to two (2) parcels. • Property: Lease Site 128-128W Negotiating Parties: Sharon MooresNirg's Fish'n and the City Negotiations: Lease Terms and Conditions. • Property: Embarcadero & Harbor Negotiating Parties: Hartzell Familly & City Negotiations: Purchase Terms and Conditions. 11 ® CS-3 GOVERNMENT CODE SECTION 54956.9(b); CONFERENCE WITH LEGAL COUNSEL DUE TO ANTICIPATED LITIGATION. Significant exposure to litigation exists based upon existing facts and the advice of legal counsel as to one (1) matter. The meeting adjourned to Closed Session at 5:00 p.m. and returned to regular session at 5:58 p.m. MOTION: Councilmember Peirce moved the meeting be adjourned. The motion was seconded by Councilmember Peters and unanimously carried. (5-0) The meeting adjourned at 5:58 p.m. hJ C E E MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - JANUARY 13, 2003 VETERANS MEMORIAL HALL - 6:00 P.M. Mayor Yates called the meeting to order at 6:00 p.m. PRESENT: STAFF William Yates Dave Elliott William Peirce Janice Peters Betty Winholtz Robert Hendrix Robert Schultz Bridgett Bauer Rick Algert Bruce Ambo JeffJones Jim Koser Joe Loven Andrea Lueker ESTABLISH QUORUM AND CALL TO ORDER MOMENT OF SILENCE PLEDGE OF ALLEGIANCE Mayor Councilmember Councilmember Councilmember Councilmember City Manager City Attorney City Clerk Harbor Director Public Services Director Fire Chief Finance Director Police Chief Recreation & Parks Director MAYOR'S REPORTS & ANNOUNCEMENTS CLOSED SESSION REPORT - City Attorney Robert Schultz reported the City Council met in Closed Session, and no reportable action under the Brown Act was taken. PUBLIC COMMENT Students from Morro Bay High School announced they are selling cigarette butt buckets to benefit the high school science department. Lionel Johnson stated the tree revegetation project on Black Mountain is in need of volunteers to help plant oak trees. Gary Ream, President of Historical Society, announced a new brochure on historical sites in Morro Bay is available and will be distributed to businesses in town. David Nelson stated the City Council is misinforming its citizens regarding the power plant project. O MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - JANUARY 13. 2003 Melody DeMeritt stated a certified notice was sent to neighbors surrounding the Tri-W Corporation property stating there will be cattle grazing on this property. She said this could be environmentally damaging to the hillside. Stan House thanked the City for meeting with the Department of State Parks regarding the issue of dogs on the beach. He also suggested the historical buildings in town post signs telling of their historical background. Ken Vesterfelt stated the jazz festival was a successful event. He also said a past council member's statements to the Coastal Commission relating to the power plant was written in poor taste. Mr. Vesterfelt stated those who complain of the City process should apply for a position on a City advisory board. Meredith Bates noted as a reminder that the application deadline for advisory board vacancies is Friday, January 17d', and the interview date is scheduled for January 23`d. She encouraged citizens to apply to serve on an advisory Board. Mayor Yates closed the hearing for public comment. ® DECLARATION OF FUTURE AGENDA ITEMS Councilmember Peirce requested the discussion on the fate of the trolley. Councilmember Winholtz requested the discussion on the City's appointment to the Economic Opportunity Commission. A. CONSENT CALENDAR Unless an item is pulled for separate action by the City Council, the following actions are approved without discussion. A-1 APPROVAL OF MINUTES FOR THE REGULAR MEETING OF DECEMBER 9, 2002; (ADMINISTRATION) RECOMMENDATION: Approve as submitted. A-2 RESOLUTION NO. 01-03 ADOPTING THE CITY'S INVESTMENT POLICY AND AUTHORIZING THE CITY TREASURER TO CARRY OUT SUBJECT POLICY ON BEHALF OF THE CITY COUNCIL; (FINANCE) ® RECOMMENDATION: Adopt Resolution No. 01-03. n IC El E MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - JANUARY 13.2003 A-3 RESOLUTION NO. 03-03 APPROVING MORRO BAY GARBAGE SERVICE INTERIM YEAR RATE ADJUSTMENT APPLICATION; (ADMINISTRATION) RECOMMENDATION: Adopt Resolution No. 03-03. A-4 RECOMMENDATION TO DECLARE A VACANCY ON THE RECREATION & PARKS COMMISSION; (RECREATION & PARKS) RECOMMENDATION: Declare a vacancy on the Recreation & Parks Commission. A-5 ACCEPTANCE OF LETTERS OF RESIGNATION FROM ONE PUBLIC WORKS ADVISORY BOARD MEMBER AND ONE RECREATION & PARKS COMMISSIONER; (ADMINISTRATION) RECOMMENDATION: Accept letters of recommendation. A-6 MONTHLY UPDATE ON COUNCIL REQUESTS; (ADMINISTRATION) RECOMMENDATION: Receive for information. Councilmember Winholtz pulled Items A-3 and A-6 from the Consent Calendar. MOTION: Councilmember Peirce moved the City Council approve the Consent Calendar with the exception of Items A-3 and A-6. The motion was seconded by Councilmember Elliott and carried unanimously. (5-0) A-3 RESOLUTION NO. 03-03 APPROVING MORRO BAY GARBAGE SERVICE INTERIM YEAR RATE ADJUSTMENT APPLICATION; (ADMINISTRATION) Councilmember Winholtz addressed the increase in garbage rates for public information. MOTION: Councilmember Winholtz moved the City Council approve Item A-3 of the Consent Calendar. The motion was seconded by Councilmember Elliott and carried with Councilmember Peirce voting no. (4-1) 5 ® MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - JANUARY 13, 2003 A-6 MONTHLY UPDATE ON COUNCIL REQUESTS; (ADMINISTRATION) Councilmember Winholtz referred to the Secondary Dwelling Regulations and General Plan -Local Coastal Plan Merger items, and stated these items must be processed in the year 2003, and perhaps they should be reviewed by Council earlier in the year. MOTION: Councilmember Winholtz moved the City Council approve Item A-6 of the Consent Calendar. The motion was seconded by Councilmember Peters and carried unanimously. (5-0) B. PUBLIC HEARINGS. REPORTS & APPEARANCES B-1 RESOLUTION NO. 02-03 REVOKING THE CERTIFICATE OF PUBLIC CONVENIENCE AND CITY BUSINESS LICENSE FOR BEACH CITIES CAB COMPANY; (POLICE) Police Chief Joe Loven stated in March 2001, Jeffrey Goldenberg, dba Beach Cities Cab Company, Inc., was issued a Certificate of Public Convenience and Necessity by the City OCouncil under Resolution No. 13-01. This certificate established the need for taxicab service in Morro Bay and allowed Beach Cities Cab Company to operate a taxicab service in accordance with the provisions of Morro Bay Municipal Code Chapter 5.24. The chapter also establishes the procedure for suspension/revocation of the certificate by the Council for specified reasons. UI The provisions under Chapter 5.24 require the taxicab company to carry sufficient liability insurance, as established by the City, with the City named as "additionally insured" on the policy. Other provisions include that each driver for the taxicab company obtain a drivers pemvt from the Police Department and that each vehicle used by the taxicab company be inspected and approved by the Department. These provisions are to help insure the safety of the public while also protecting the City from claims as a result of any actions by the taxicab company. Chief Loven stated Beach Cities Cab Company, Inc. is currently in violation of the provisions of Chapter 5.24 of the Morro Bay Municipal Code in that it has not been obtaining permits for its drivers, has not been having its vehicles inspected and also has not been carrying sufficient liability insurance as required. The City has received notice of cancellation of their current insurance policy effective December 31, 2002. Chief Loven recommended the City Council 'adopt Resolution No. 02-03 revoking the Certificate of Public Convenience and City Business License for Beach Cities Cab Company. C. ® MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - JANUARY 13. 2003 Mayor Yates opened the hearing for public comment. Jeff Goldenberg, owner of Beach Cities Cab Company, Inc., stated his intention was to have his insurance broker clear the issue of insurance by this week. Mayor Yates closed the hearing for public comment. MOTION: Councilmember Elliott moved the City Council adopt Resolution No. 02- 03 revoking the Certificate of Public Convenience and City Business License for Beach Cities Cab Company. The motion was seconded by Councilmember Peirce and carried unanimously. (5-0) Mayor Yates called for a break at 7:13 p.m.; the meeting resumed at 7:23 p.m. C. UNFINISHED BUSINESS C-1 PROGRESS REPORT ON THE DUKE ENERGY POWER PLANT PROJECT: A) INTERVENTION ® B) NEW PROJECT INFORMATION C) FUNDING FOR INTERVENTION PROJECTS IC City Attorney Robert Schultz reviewed the progress report on the Duke Energy Power Plant Project for public information. This was an informational item, and no action was taken. C-2 RESOLUTION NO. 04-03 DISCOURAGING CITY IMPACTS ON PARKING AND CIRCULATION DURING HIGH TOURIST SEASON Mayor Yates requested Council consider this item and recommended the approval of Resolution No. 04-03 discouraging City impacts on parking and circulation during high tourist season. Councilmember Winholtz expressed concern with street work being done during nesting periods. MOTION: Councilmember Peirce moved the City Council adopt Resolution No. 04- 03 discouraging City impacts on parking and circulation during high tourist season. The motion was seconded by Councilmember Elliott and carried unanimously. (5-0) 7 ® MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - JANUARY 13, 2003 C-3 REPORT ON ADVISORY BOARD PRIORITIES AND REVIEW OF BUDGET CALENDAR; (FINANCE) Finance Director Jim Koser stated the priority setting process is intended to provide the City Council with a mechanism to develop priorities and policies that will become staff s marching orders for the next two-year budget cycle. The priority setting process provides for outreach to the Council appointed advisory boards and commissions, the general public, City staff and the City Council themselves. Efforts are made to solicit ideas from all of these sources about what the City should be focusing its efforts and limited resources on for the next two years. When all of the input is received, Council will discuss and set achievable priorities, and the end product is a ranked list of statements that can guide staff in proceeding to develop the next two-year budget. Mr. Koser recommended the City Council receive the background information and the submissions from the City Council appointed advisory boards and commission for incorporation in the City Council policy formulation. He also recommended the City Council ratify using the Special Council meeting scheduled on January 23`d for advisory board and commission interviews and incorporate a public hearing into the regular City Council meeting of January 27t'; hold a special Council workshop on March 20th for setting priorities; and, ® revise the budget calendar to begin public workshops in the first week of May. MOTION: Mayor Yates moved the City Council receive the background information and the submissions from the Council -appointed advisory boards and commissions for incorporation in the City Council policy formulation. And, the City Council ratify using the Special Council meeting scheduled on January 23, 2003 for advisory board and commission interviews and incorporate a public hearing into the regular City Council meeting of January 27, 2003; hold a special Council workshop on March 20, 2003 for setting priorities; and, revise the budget calendar to begin public workshops in the first week of May 2003. The motion was seconded by Councilmember Elliott and carried with Councilmember Winholtz voting no. (4-1) D. NEW BUSINESS D-1 PRESENTATION OF FISCAL YEAR 2001/2002 AUDIT REPORT; (FINANCE) Finance Director Jim Koser stated each year the City is required to obtain the opinion of an independent Certified Public Accountant as to the accuracy of the financial statements prepared by City management. The firm of Butcher and Chambers of Grover Beach, ® California prepared the Financial Audit for Fiscal Year 2001-2002. The Financial Audit N MINUTES - MORRO BAY CITY COUNCIL go REGULAR MEETING - JANUARY 13. 2003 Report represents the official statement of the financial condition of the City of Morro Bay for the year ended June 30, 2002. Mr. Koser recommended the City Council accept the Fiscal Year 2001-2002 Financial Audit Report. MOTION: Councilmember Elliott moved the City Council accept the Fiscal Year 2001-2002 Financial Audit Report. The motion was seconded by Councilmember Winholtz and carried unanimously. (5-0) Mayor Yates called for a break at 8:00 p.m.; the meeting resumed at 8:07 p.m. D-2 DISCUSSION OF AD -HOC COMMITTEE REGARDING PLANNING FOR TEEN CENTER Recreation & Parks Director Andrea Lueker stated Karen Robert, a former Recreation & Parks Commissioner, Destination 2000 member and current City resident presented a proposal to the Recreation & Parks Commission regarding the formation of a short-term ad -hoc committee to advise the Recreation & Parks Department on an activities/program plan for the teen center. The Recreation & Parks Commission unanimously approved this concept at their November meeting, and in anticipation of the City Council's ® endorsement, will be appointing a Commissioner to serve on the committee at their January 9 s meeting. Ms. Lueker recommended the City Council review the proposal to form an ad -hoc committee. to advise the Recreation & Parks Department on a program plan for the teen center, and appoint a Council Member to serve on the committee. MOTION: Mayor Yates moved the City Council accept the proposal to form an ad - hoc committee to advise the Recreation & Parks Department on a program plan for the teen center as approved by the Recreation & Parks Commission, with the addition of two members from the teen advisory committee and two student members representing the high school. The motion was seconded by Councilmember Peirce and carried unanimously. (5-0) The City Council appointed Councilmember Elliott to serve on the ad -hoc committee. F. ADJOURNMENT - The meeting adjourned at 8:26 p.m. Recorded by: Bridgett Ba[fier City Clerk 0