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HomeMy WebLinkAboutJanuary to DecemberCity of Morro Bay City Council Agenda Mission Statement The City of Morro lay is dediend to the preservation and enha mnent of the quality of 6fe. The City shall be committed to this purpose and will pmuide a lead of municipal service and safety consistent with and responsive to the needs of the public. REGULAR MEETING - DECEMBER 14,1998 i CLOSED SESSION - DECEMBER 14,1998 CITY HALL CONFERENCE ROOM - 4:00 P.M. 595 HARBOR ST., MORRO BAY, CA CS-1 GOVERNMEn CODE SECTIQN 54956.9(A)* CONFERENCE WJJH LEGAL Cot JNSEL REGARDING• _ • • SAN L UIS COASTAL UNIFIED SCHOOL DISTRICT v. CITY OF MORRO BAY, SAN LUIS OBISPO SUPERIOR COURT CASE NO. CV981044. • IT IS NOTED THAT THE CONTENTS OF CLOSED SESSION MEETINGS ARE CONFIDENTIAL AND EXEMPT FROM DISCLOSURE. PUBLIC SESSION - DECEMBER 14, 1998 VETERANS MEMORIAL HALL - 6:00 P.M. 209 SURF ST., MORRO BAY, CA ESTABLISH QUORUM AND CALL TO ORDER PRAYER PLEDGE OF ALLEGIANCE THOUGHT FOR THE DAY MAYOR AND COUNCILMEMBERS ANNOUNCEMENTS & PRESENTATIONS CLOSED SESSION REPORT PUBLIC COMMENT PERIOD - Members of the audience wishing to address the Council on City business matters (other than Public Hearing items under Section B) may do so at this time. To increase the effectiveness of the Public Comment Period, the following rules shall be followed: • When recognized by the Mayor, please come forward to the podium and state your name and address for the record. Comments are to be limited to three minutes. • All remarks shall be addressed to Council, as a whole, and not to any individual member thereof. • No person shall be permitted to make slanderous, profane or personal remarks against any elected official, commission and/or staff. X61110611 WsIxei.f•i 0030►� _u Unless an item is pulled for separate action by the City Council, the following actions are approved without discussion. A-1 APPROVAL OF MINUTES FOR THE REGULAR MEETING OF NOVEMBER 23, 1998, AND THE SPECIAL CITY COUNCIL MEETING OF DECEMBER 1, 1998; (BAUER) RECOMMENDATION: Approve minutes as submitted. • A-2 UPDATED STATUS AND REVIEW OF EMERGENCY CONDITIONS OF ATASCADERO ROAD SEWER TRUNK LINE REPLACEMENT; (BOUCHER) RECOMMENDATION: Determine the need to continue emergency action regarding replacement of the jointly -owned sewer trunk line pursuant to Section 22050 of the Public Contract Code. A-3 APPROVAL TO PARTICIPATE IN A JOINT REQUEST FOR PROPOSALS FOR TRANSIT SERVICE; (BOUCHER) RECOMMENDATION: Approve participation in the joint Request for Proposals for transit service. A-4 RESOLUTION NO. 113-98 APPROVING FINAL MAP AND ACCEPTANCE OF THE OFFER OF DEDICATION FOR HANDICAP RAMP - TRACT 2054; (BOUCHER) RECOMMENDATION: Adopt Resolution No. 113-98. A-5 AUTHORIZATION TO PURCHASE A HALF -TON SERVICE PICK-UP • TRUCK FOR CLOISTERS LANDSCAPING AND LIGHTING MAINTENANCE; (LUEKER) . RECOMMENDATION: Authorize staff to purchase a service pick-up truck for Cloisters Landscaping and Lighting Maintenance. A-6 RESOLUTION NO. 114-98 SUPPORTING PROTECTION OF COASTAL RESOURCES AND MARINE -DEPENDENT INDUSTRY IN CONSIDERATION OF PROPOSED FIBER OPTIC CABLE PROJECTS; (ALGERT) RECOMMENDATION: Adopt Resolution No. 114-98. A-7 RESOLUTION NO. 115-98 REVISING HARBOR DEPARTMENT RULES AND REGULATIONS; (ALGERT) RECOMMENDATION: Adopt Resolution No.115-98. A-8 RESOLUTION 117-98 AMENDING ORDER OF BUSINESS AT CITY COUNCIL MEETINGS; (ADMIN) RECOMMENDATION: Adopt Resolution No. 117-98. A-9 CANCELLATION OF DECEMBER 28, 1998 REGULAR CITY COUNCIL • MEETING; (ADMIN) RECOMMENDATION: Cancel regularly scheduled City Council meeting of December 28, 1998. A-10 APPROVAL OF JOB DESCRIPTION AND SALARY FOR CAPITAL PROJECTS COORDINATOR; (COLE) RECOMMENDATION: Approve job description and salary range as recommended by City Manager. L: ali_)rll[Wl t�tii►[eti ' �77tIbY_ ' • K�I.9 B-1 DISCUSSION ON APPOINTMENT OF CITY COUNCIL MEMBERS TO CITY ADVISORY BOARDS AND COMMISSIONS; (ANDERSON) RECOMMENDATION: Discuss and direct staff accordingly. B-2 ORDINANCE NO. 475 ADDING CHAPTER 5.40 TO THE MORRO BAY MUNICIPAL CODE REGULATING THE SOLICITATION OF BUSINESS AND DISTRIBUTION OF ADVERTISING MATERIAL - FIRST READING/ • INTRODUCTION; (LOVEN) RECOMMENDATION: Approve first reading/introduction of Ordinance No. 475. • C. UNFINISHED BUSINESS C-1 ORDINANCE NO. 476 ADDING SECTION 2.20.015 TO CHAPTER 2.20 OF THE MORRO BAY MUNICIPAL CODE ENTITLED "ADDITIONAL COMPENSATION FOR MAYOR" - SECOND READING/ADOPTION; (COUNCIL) RECOMMENDATION: Approve second reading and adoption of Ordinance No. 476. D. NEW BUSINESS D-1 RESOLUTION NO. 116-98 APPROVING APPLICATIONS FOR 1998 SURFACE TRANSPORTATION IMPROVEMENT PROGRAM AMENDMENT; (BOUCHER) RECOMMENDATION: Adopt Resolution No. 116-98. D-2 CONSIDERATION OF AGP VIDEO REQUEST FOR PAYMENT FOR CANCELED CITY COUNCIL MEETINGS IN AUGUST 1998; (BOUCHER) RECOMMENDATION: Deny the request of compensation for the canceled • August 1998 City Council meetings. D-3 CITY COUNCIL DISCRETIONARY APPOINTMENTS TO VARIOUS BOARDS AND COMMITTEES; (ADMIN) RECOMMENDATION: Discuss and make appointments to various boards. D-4 SET DATE FOR ADVISORY BOARD INTERVIEWS; (ADMIN) RECOMMENDATION: Scheule interview date to fill vacancies on City Advisory Boards and Commissions. 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 - DECEMBER 14, 1998 CITY HALL CONFERENCE ROOM - 4:00 P.M. Mayor Anderson called the meeting to order at 4:00 p.m PRESENT: Rodger Anderson Mayor Colby Crotzer Councilmember Dave Elliott Councilmember William Peirce Councilmember Janice Peters Councilmember STAFF: David Cole City Manager Robert Schultz City Attorney Robert Hendrix Interim Public Works Director Lawrence McPherson Interim Staff Engineer Shauna Nauman Interim Planning&Building Director CLOSED SESSION MOTION: Councilmember Peters moved the meeting be adjourned to Closed • Session. The motion was seconded by Councilmember Peirce and unanimously carried. (5-0) Mayor Anderson read the Closed Session statement. • SAN L UIS COASTAL UNIFIED SCHOOL DISTRICT v. CITY OF MORRO BAY, SAN LUIS OBISPO SUPERIOR COURT CASE NO. CV981044. The meeting adjourned to Closed Session at 4:00 p.m. and returned to regular session at 4:52 p.m. MOTION: Councilmember Elliott moved the meeting be adjourned. The motion was seconded by Councilmember Peters and unanimously carried. (5-0) The meeting adjourned at 4:52 p.m. • • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - DECEMBER 14, 1998 VETERANS MEMORIAL HALL - 6:00 P.M. Mayor Anderson called the meeting to order at 6:00 p.m PRESENT: Rodger Anderson Mayor Colby Crotzer Councilmember Dave Elliott Councilmember William Peirce Councilmember Janice Peters Councilmember STAFF: David Cole Robert Schultz Bridgett Bauer Rick Algert Robert Hendrix Jeff Jones Jim Koser Joe Loven Andrea Lueker Lawrence McPherson Shauna Nauman City Manager City Attorney City Clerk Harbor Director InterimPublic Works Director Fire Chief Finance Director Police Chief Recreation & Parks Director Interim Staff Engineer Interim Planning&Building Director ESTABLISH QUORUM AND CALL TO ORDER PRAYER PLEDGE OF ALLEGIANCE THOUGHT FOR THE DAY MAYOR'S REPORTS & ANNOUNCEMENTS CLOSED SESSION REPORT - City Attorney Robert Schultz reported the City Council authorized the City Attorney by unanimous vote to defend the City in the lawsuit brought by the San Luis Coastal Unified School District. Grace Melton requested the following for the year 1999: 1) continued support for the Adopt -a -Tree program; 2) support for the "pothole brigade" volunteer program; 3) proclaim the month of September as "U.S. Constitution" month; and 4) encourage donations for placement of liberty trees. Joe Nungary requested Council's support on Item A-7 (Resolution revising Harbor Department Rules and Regulations). 2 • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - DECEMBER 14, 1998 Paul Twedt reviewed the history of Channel 54 and how it evolved to live broadcast which is taking place this evening. Cathy Novak spoke in support of Item A-6 (Resolution supporting protection of coastal resources and marine -dependent industry in consideration of proposed fiber optic cable projects). Shoosh Crotzer addressed Item A-8 (Resolution amending order of business at City Council meetings) and expressed her discomfort with prayer at public meetings, and hopes the change to invocation will be a change to perhaps moment of silence which would appease everyone. Jack Hansen addressed limiting Council's comments to three minutes which is what is allowed for the public. Lynda Merrill expressed support for live broadcast of Council meetings. • Jim Nance addressed Item A-5 (Authorization to purchase a half -ton service pick-up truck for Cloisters Landscaping and Lighting Maintenance) and stated Cloisters should purchase this truck. John Barta discussed the beginning of live broadcast of City Council meetings. Mayor Anderson closed the public comment hearing. 00]MINI CONE412111COWNT4 2117:11111_ZI&ME04 Unless an item is pulled for separate action by the City Council, the following actions are approved without discussion. A-1 APPROVAL OF MINUTES FOR THE REGULAR MEETING OF NOVEMBER 23, 1998, AND THE SPECIAL CITY COUNCIL MEETING OF DECEMBER 1, 1998; (BAUER) RECOMMENDATION: Approve minutes as submitted. E K • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - DECEMBER 14, 1998 A-2 UPDATED STATUS AND REVIEW OF EMERGENCY CONDITIONS OF ATASCADERO ROAD SEWER TRUNK LINE REPLACEMENT; (BOUCHER) RECOMMENDATION: Determine the need to continue emergency action regarding replacement of the jointly -owned sewer trunk line pursuant to Section 22050 of the Public Contract Code. A-3 APPROVAL TO PARTICIPATE IN A JOINT REQUEST FOR PROPOSALS FOR TRANSIT SERVICE; (BOUCHER) RECOMMENDATION: Approve participation in the joint Request for Proposals for transit service. A-4 RESOLUTION NO. 113-98 APPROVING FINAL MAP AND ACCEPTANCE • OF THE OFFER OF DEDICATION FOR HANDICAP RAMP - TRACT 2054; (BOUCHER) RECOMMENDATION: Adopt Resolution No. 113-98. A-5 AUTHORIZATION TO PURCHASE A HALF -TON SERVICE PICK-UP TRUCK FOR CLOISTERS LANDSCAPING AND LIGHTING MAINTENANCE; (LUEKER) RECOMMENDATION: Authorize staff to purchase a service pick-up truck for Cloisters Landscaping and Lighting Maintenance. A-6 RESOLUTION NO. 114-98 SUPPORTING PROTECTION OF COASTAL RESOURCES AND MARINE -DEPENDENT INDUSTRY IN CONSIDERATION OF PROPOSED FIBER OPTIC CABLE PROJECTS; (ALGERT) RECOMMENDATION: Adopt Resolution No. 114-98. A-7 RESOLUTION NO. 115-98 REVISING HARBOR DEPARTMENT RULES AND REGULATIONS; (ALGERT) • RECOMMENDATION: Adopt Resolution No. 115-98. 2 • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - DECEMBER 14, 1998 A-8 RESOLUTION 117-98 AMENDING ORDER OF BUSINESS AT CITY COUNCIL MEETINGS; (ADMIN) RECOMMENDATION: Adopt Resolution No. 117-98. A-9 CANCELLATION OF DECEMBER 28, 1998 REGULAR CITY COUNCIL MEETING; (ADMIN) RECOMMENDATION: Cancel regularly scheduled City Council meeting of December 28, 1998. A-10 APPROVAL OF JOB DESCRIPTION AND SALARY FOR CAPITAL PROJECTS COORDINATOR; (COLE) RECOMMENDATION: Approve job description and salary range as recommended by City Manager. • Mayor Anderson pulled Items A-2 and A-6 from the Consent Calendar; Councilmember Peirce pulled Item A-7; and Councilmember Peters pulled Item A-8. • MOTION: Councilmember Peters moved the City Council approve the Consent Calendar with the exception of Items A-2, A-6, A-7, and A-8. The motion was seconded by Councilmember Elliott and carried unanimously. (5-0) A-2 UPDATED STATUS AND REVIEW OF EMERGENCY CONDITIONS OF ATASCADERO ROAD SEWER TRUNK LINE REPLACEMENT Mayor Anderson requested staff provide an update for public information. City Manager David Cole reviewed the status of the Atascadero Road Sewer Trunk Line Replacement Project. MOTION: Mayor Anderson moved the City Council approve Item A-2 of the Consent Calendar. The motion was seconded by Councilmember Peters and carried unanimously. (5-0) E • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - DECEMBER 14, 1998 A-6 RESOLUTION NO. 114-98 SUPPORTING PROTECTION OF COASTAL RESOURCES AND MARINE -DEPENDENT INDUSTRY IN CONSIDERA- TION OF PROPOSED FIBER OPTIC CABLE PROJECTS Mayor Anderson expressed his support for the resolution placing conditions on the proposed fiber optic cable projects due to their possible impact on the fishing industry. He announced the public workshops which will be held on Tuesday, December 15th. MOTION: Mayor Anderson moved the City Council approve Item A-6 of the Consent Calendar. The motion was seconded by Councilmember Crotzer and carried unanimously. (5-0) A-7 RESOLUTION NO. 115-98 REVISING HARBOR DEPARTMENT RULES AND REGULATIONS • Councilmember Peirce requested clarification on the slip fees addressed in item 2(A) in the draft Harbor Department Rules & Regulations. Harbor Director Rick Algert clarified the reduction in fees charged for head float berths which is requested based on service level. Harbor Advisory Board Chairman Don Lockwood stated the slips behind the head floats are in shallow waters and do not require the same service level, and that is why the Board recommends a reduction in fees. MOTION: Councilmember Peirce moved the City Council approve Item A-7 of the Consent Calendar. The motion was seconded by Councilmember Peters and carried unanimously. (5-0) A-8 RESOLUTION 117-98 AMENDING ORDER OF BUSINESS AT CITY COUNCIL MEETINGS Councilmember Peters asked if the invocation will change the prayer procedure. She stated a consideration would be positive thoughts instead of prayer. Mayor Anderson responded his intent is to broaden the scope on the type of representation during the invocation. • Councilmember Crotzer stated if prayer alienates one person from the Council meetings, then it is unacceptable. He said he supports a moment of silence in lieu of prayer. 0 • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - DECEMBER 14, 1998 Councilmember Elliott stated prayer is a private issue and certain organizations may not feel comfortable in sharing their prayer. Councilmember Peirce stated State and Federal meetings have invocations at the start of their meetings. Mayor Anderson recommended the Council review this issue in six months after the outreach has been completed. MOTION: Councilmember Crotzer moved the City Council approve Moment of Silence during the Invocation period. The motion was seconded by Councilmember Peters and failed with Councilmember Elliott, Councilmember Peirce and Mayor Anderson voting no. (2-3) MOTION: Councilmember Peirce moved the City Council approve Item A-8 of the Consent Calendar. The motion was seconded by Councilmember Crotzer Is and carried unanimously. (5-0) B-1 DISCUSSION ON APPOINTMENT OF CITY COUNCIL MEMBERS TO CITY ADVISORY BOARDS AND COMMISSIONS; (ANDERSON) City Manager David Cole reviewed the concept and options for Council's consideration regarding the appointment of City Council members to City advisory boards and commissions, and requested the City Council discuss the concept and direct staff accordingly. Mayor Anderson opened the hearing for public comment. Don Lockwood, Chairman of the Harbor Advisory Board, requested Council consider this issue carefully. He noted Board members will give more impartial feedback without Council control. Lynda Merrill, Recreation & Parks Commissioner, stated the Commission has not had the opportunity to review this issue which will affect them. She also said Council participation could be intimidating in the decisions made by the Commission. 7 • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - DECEMBER 14, 1998 Don Doubledee, Planning Commissioner, stated he appreciates the intent, however, the advisory boards and commissions are based on citizen expertise. He said leaders such as the Council should delegate to the commissions and advisory boards. Shoosh Crotzer asked why a Council member would be necessary on a commission or advisory board, and discouraged Council's approval of appointing a Council member as a voting member on a commission or advisory board. Ms. Crotzer also noted Council could watch these meetings on Channel 54. Stephen Carnes, Planning Commissioner, stated Council should receive the minutes of each meeting, and recommended quarterly update meetings with the various commissions and advisory boards. John Barta, Chairman of the Planning Commission, stated he does not support this concept. He noted the extra meetings it would create for Council, and also recommended joint meetings with each board on a regular basis. • Linda Donnelly, Recreation & Parks Commission, expressed opposition to this concept. Nancy Barta, Community Promotions Committee, supports previous speakers in opposing this concept. She said having a Council member would be intimidating to the Committee. Bill Olson, Public Works Advisory Board, expressed opposition to this concept. Thad Baxley, Public Works Advisory Board, stated good suggestions have been made, and requested Council take note. Mayor Anderson closed the public comment hearing, and stated he appreciates the input and hears the commissioners and board members loud and clear. Councilmember Peirce stated he will not take action on this tonight since the boards have not had an opportunity to review the issue. He said he would like to continue joint meetings with the boards and commissions on a regular basis. Councilmember Peters suggested a Council liaison attend meetings (excluding Planning Commission meetings) without a voting position. • Councilmember Elliott stated Council has an opportunity to view the meetings live on Channel 54. He noted the appeal process which would be a conflicting issue. • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - DECEMBER 14, 1998 Councilmember Crotzer stated the City is presently served with vibrant, active board members and commissioners without Council interaction. No action was taken on this item. Mayor Anderson called for a break at 7:37 p.m.; the meeting resumed at 7:45 p.m. B-2 ORDINANCE NO. 475 ADDING CHAPTER 5.40 TO THE MORRO BAY MUNICIPAL CODE REGULATING THE SOLICITATION OF BUSINESS AND DISTRIBUTION OF ADVERTISING MATERIAL - FIRST READING/ INTRODUCTION; (LOVEN) Police Chief Joe Loven reviewed the amendments to Ordinance No. 475 as directed by Council at their November 23, 1998 meeting, and recommended the City Council approve the first reading and introduction of amended Ordinance No. 475. • Mayor Anderson opened the hearing for public comment. Jim Nance stated Morro Bay has too many ordinances and laws which limit citizens' rights. John Barta stated this ordinance attacks fundamental rights of the citizens and he strongly opposes it. He said people who solicit door-to-door are required to apply for a business license. James Holder expressed opposition to this ordinance and agreed that a business license should be required for soliciting. Gail King stated she feels intimidated by this law. She said this could open up a can of worms for complaints being received from citizens. Ms. King noted the "Green River" law which was challenged in court years ago in the City of San Luis Obispo which relates this issue. Bill Olson stated he does not recall too many people making door-to-door sales. Mayor Anderson closed the public comment hearing. u L5 • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - DECEMBER 14, 1998 Councilmember Crotzer stated he would prefer the Morro Bay Municipal Code become smaller rather than added to, and he would prefer staff spend time on more productive issues. He said a citizen should have the right to refuse service or solicitation, if not, a call for police assistance should take care of the situation. Councilmember Elliott stated this law protects citizens from criminal actions. Councilmember Peirce stated non-profit organizations should not be subject to this law. Councilmember Peters stated this ordinance is more than what she expected, which was to control the littering issue. Mayor Anderson stated the purpose and intent of this law is to protect first amendment rights and have law on the books for problematic situations. MOTION: Councilmember Elliott moved the City Council approve the first reading • by number and title only and introduction of Ordinance No. 475 adding Chapter 5.40 to the Morro Bay Municipal Code regulating the solicitation of business and distribution of advertising material. The motion was seconded by Mayor Anderson and carried with Councilmember Crotzer and Councilmember Peirce voting no. (3-2) City Manager David Cole read Ordinance No. 475 by number and title only. C. UNFINISHED BUSINESS C-I ORDINANCE NO. 476 ADDING SECTION 2.20.015 TO CHAPTER 2.20 OF THE MORRO BAY MUNICIPAL CODE ENTITLED "ADDITIONAL COMPENSATION FOR MAYOR" - SECOND READING/ADOPTION; (COUNCIL) City Manager David Cole recommended the City Council approve the second reading and adoption of Ordinance No. 476. Councilmember Crotzer stated he would like the ordinance to list the extra duties which the mayor is compensated for; and, also the vice -mayor should be compensated when carrying out these duties. He said he will be voting against this ordinance due to the • budget constraints of the City, and feels it is not a good idea to raise Council's salaries. • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - DECEMBER 14, 1998 Councilmember Peters stated this ordinance is to compensate the Mayor for the dedication to the job and the amount of time spent on these extra duties in representing the City. MOTION: Councilmember Elliott moved the City Council approve the second reading by number and title only and adoption of Ordinance No. 476 adding Section 2.20.015 to Chapter 2.20 of the Morro Bay Municipal Code entitled "Additional Compensation for Mayor". The motion was seconded by Councilmember Peters and carried with Councilmember Crotzer voting no. (4-1) City Manager David Cole read Ordinance No. 476 by number and title only. D-1 RESOLUTION NO. 116-98 APPROVING APPLICATIONS FOR 1998 • SURFACE TRANSPORTATION IMPROVEMENT PROGRAM AMENDMENT; (PUBLIC WORKS) City Manager David Cole stated in recognition of the widespread need for local street and road rehabilitation and reconstruction, and a significant balance in the State Highway Account, CalTrans recommended, and the California Transportation Commission concurred with a proposal to re -project the State Fund Estimate for transportation purposes. He said of the new funds, 75% would be allocated to regional agencies primarily for stone damage, and local street and road rehabilitation/ reconstruction. Administrative Assistant Janeen Burlingame stated approximately $16.483 million has been allocated for new project submittal to the state by January 1999, of which the City will be allocated $1.032 million. She stated this program is administered by the San Luis Obispo Council of Governments with applications for each individual proposed project due for submittal by December 18, 1998. Ms. Burlingame reviewed the projects which are recommended for application for funding and requested the City Council adopt Resolution No. 116-98 designating these projects and authorizing submittal of funding applications. The City Council discussed the various proposed projects specified in the staff report, and concurred to approval of the designated projects and authorization to the submittal of ,• funding applications. • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - DECEMBER 14, 1998 MOTION: Councilmember Crotzer moved the City Council adopt Resolution No. 116-98 designating these projects and authorizing submittal of funding applications. The motion was seconded by Councilmember Peirce and carried unanimously. (5-0) Mayor Anderson called for a break at 9:13 p.m.; the meeting resumed at 9:27 p.m. D-2 CONSIDERATION OF AGP VIDEO REQUEST FOR PAYMENT FOR CANCELED CITY COUNCIL MEETINGS IN AUGUST 1998; (BOUCHER) Administrative Assistant Janeen Burlingame stated on November 23, 1998, staff received a copy of a memorandum from AGP Video to the City Council regarding issues pertaining to amendments to the Video Production and Insertion Point Management Services Agreement in order to accommodate the advent of live broadcast capability sometime during the month of December 1998. She said in the last paragraph on the last page of this memorandum is a request by AGP Video to have the City Council address • the issue of past due payment for the August 1998 City Council meetings that were not video-taped due to cancellation. Ms. Burlingame stated pursuant to the Video Production and Insertion Point Management Services Agreement, the contractor is to provide video production services to tape City Council meetings; there are no provisions in the agreement stating that the contractor will be paid for a meeting that is not taped due to cancellation. She recommended the City Council deny the request of compensation for the canceled August 1998 City Council meetings. U Councilmember Peters stated the City budgeted for the filming of regular meetings and AGP Video should be compensated regardless of cancellations. Councilmember Elliott expressed concern with this request for compensation based on the agreement is a service contract, and the City is not obligated to pay for services that are not performed by the contractor. Mayor Anderson stated he supports paying AGP Video for these canceled meetings, and said the contracted services are far less than what is provided by AGP. Councilmember Crotzer stated he also supports AGP Video being compensated for the canceled meetings. He said they show a good faith effort on a pro -active basis. 12 • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - DECEMBER 14, 1998 MOTION: Councilmember Peters moved the City Council approve the compensation to AGP Video for the canceled August 1998 City Council meetings. The motion was seconded by Councilmember Peirce and carried unanimously. (5-0) D-3 CITY COUNCIL DISCRETIONARY APPOINTMENTS TO VARIOUS BOARDS AND COMMITTEES; (ADMIN) City Manager David Cole stated with the new year approaching, the City Council is requested to discuss and make appointments to represent the City on the various discretionary County boards and committees. The City Council made the following appointments: COUNCIL SUBCOMMITTEE ON EMPLOYEE GRIEVANCES Dave Elliott Member • Janice Peters Member INTEGRATED WASTE MANAGEMENT AUTHORITY Dave Elliott Delegate Rodger Anderson Alternate COUNTY WATER ADVISORY BOARD Rodger Anderson Delegate City Manager (or his designee) Alternate SAN LUIS OBISPO REGIONAL TRANSIT AUTHORITY Dave Elliott Delegate Bill Peirce Alternate SAN LUIS OBISPO COUNCIL OF GOVERNMENTS Dave Elliott Delegate Bill Peirce Alternate AIR POLLUTION CONTROL DISTRICT Bill Peirce Member Janice Peters Alternate a 13 • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - DECEMBER 14, 1998 ECONOMIC OPPORTUNITY COMMISSION Colby Crotzer Member Bill Peirce Alternate ECONOMIC VITALITY CORPORATION Rodger Anderson Member NATIONAL ESTUARY PROGRAM Rodger Anderson Member Colby Crotzer Alternate CMC CITIZENS' ADVISORY COMMITTEE (2 year term) Dave Elliott Member CITY SELECTION COMMITTEE Rodger Anderson Member • LEGISLATIVE DELEGATE Rodger Anderson Member Councilmember Crotzer stated he would like Council support for nomination as a candidate on the California Coastal Commission (CCC). City Attorney Robert Schultz stated the consideration of an appointment to the CCC was not noticed on the agenda and will need to be placed on a future agenda for discussion. Council consensus was to place this consideration on the January 11, 1999 City Council agenda. No further action was taken on this item. D-4 SET DATE FOR ADVISORY BOARD INTERVIEWS; (ADMIN) City Manager David Cole requested the City Council schedule a date to interview applicants to fill vacancies on the City's Planning Commission, Harbor Advisory Board, Public Works Advisory Board, and Community Promotions Committee. City Council consensus was to schedule an interview date to fill vacancies on the various 41 City Council appointed boards for Wednesday, January 20, 1999 starting at 6:00 p.m. to be held in the City Hall Conference Room. 14 MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - DECEMBER 14, 1998 F. ADJOURNMENT The meeting adjourned at 10:15 p.m. Recorded by: Bridgett Bauer City Clerk • S W City of Morro Bay 0 City Council Mission Statement The City of Morro Bay is dediated to the preservation and enhanument of the quality of life. The City shall be committed to this purpose and will provide a lead of municipal service and safety consistent with and responsive to the needs of the public. SPECIAL MEETING DECEMBER 1, 1998; 6:00 P.M. VETERANS MEMORIAL HALL 209 SURF ST., MORRO BAY, CA ESTABLISH QUORUM AND CALL TO ORDER PRAYER PLEDGE OF ALLEGIANCE THOUGHT FOR THE DAY PUBLIC COMMENT PERIOD - Members of the audience wishing to address the Council on City business matters (other than Public Hearing items under Section B) may • do so at this time. To increase the effectiveness of the Public Comment Period, the following rules shall be followed: • When recognized by the Mayor, please come forward to the podium and state your name and address for the record. Comments are to be limited to three minutes. • All remarks shall be addressed to Council, as a whole, and not to any individual member thereof. • No person shall be permitted to make slanderous, profane or personal remarks against any elected official, commission and/or staff. Unless an item is pulled for separate action by the City Council, the following actions are approved without discussion. A-1 RESOLUTION NO. 112-98 RECITING THE FACT OF THE GENERAL MUNICIPAL ELECTION HELD ON NOVEMBER 3, 1998, AND DECLARING THE RESULTS THEREOF B. PUBLIC HEARINGS- REPORTS & APPEARANCES - NONE. 0 C. UNFINISHED BUSINESS - NONE. n LJ D-1 REMARKS BY MAYOR AND COUNCILMEMBERS D-2 PRESENTATION TO MAYOR NOVAK D-3 OATH OF OFFICE TO MAYOR ANDERSON AND COUNCILMEMBERS PETERS AND CROTZER D-4 REMARKS BY MAYOR AND COUNCILMEMBERS D-5 DISCUSSION AND SELECTION OF VICE MAYOR E. ADJOURNMENT • • • THIS AGENDA IS SUBJECT TO AMENDMENT UP TO 72 HOURS PRIOR TO THE DATE AND TIME SET FOR THE MEETING. PLEASE REFER TO THE AGENDA POSTED AT CITY HALL FOR ANY REVISIONS OR CALL THE CLERK'S OFFICE AT 772-6200 FOR FURTHER INFORMATION. COPIES OF STAFF REPORTS OR OTHER PUBLIC DOCUMENTATION RELATING TO EACH ITEM OF BUSINESS REFERRED TO ON THIS AGENDA ARE ON FILE IN THE OFFICE OF THE CITY CLERK AND AVAILABLE FOR PUBLIC INSPECTION AND REPRODUCTION AT COST AT CITY HALL, LIBRARY, AND MILLS STATIONERY. IN COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT, IF YOU NEED SPECIAL ASSISTANCE TO PARTICIPATE IN A CITY MEETING, PLEASE CONTACT THE CITY CLERK'S OFFICE AT LEAST 24 HOURS PRIOR TO THE MEETING TO INSURE THAT REASONABLE ARRANGEMENTS CAN BE MADE TO PROVIDE ACCESSIBILITY TO THE MEETING. MINUTES - MORRO BAY CITY COUNCIL SPECIAL MEETING - DECEMBER 1, 1998 VETERANS MEMORIAL HALL - 6:00 P.M. Mayor Novak called the meeting to order at 6:00 p.m PRESENT: Cathy Novak Mayor Rodger Anderson Councilmember Dave Elliott Councilmember William Peirce Councilmember Janice Peters Councilmember STAFF: David Cole City Manager Robert Schultz City Attorney Bridgett Bauer City Clerk Rick Algert Harbor Director Jeff Jones Fire Chief Joe Loven Police Chief Andrea Lueker Recreation & Parks Director Shauna Nauman Acting Planning & Building Director ESTABLISH QUORUM AND CALL TO ORDER • PRAYER PLEDGE OF ALLEGIANCE THOUGHT FOR THE DAY CLOSED SESSION REPORT - No reportable action was taken on 11/30/98. Bill Yates complimented the City Council for their efforts during this past term. �K�]�6`1 �►Y rye 11 �1►1)7.Bi Unless an item is pulled for separate action by the City Council, the following actions are approved without discussion. A-1 RESOLUTION NO. 112-98 RECITING THE FACT OF THE GENERAL MUNICIPAL ELECTION HELD ON NOVEMBER 3, 1998, AND DECLARING THE RESULTS THEREOF MOTION: Councilmember Peters moved the City Council approve Item A-1 of the Consent Calendar. The motion was seconded by Councilmember Anderson and carved unanimously. (5-0) B. PUBLIC HEARINGS- REPORTS & APPEARANCES UNFINISHEDC. . ►_. I OcaTAA3901► CM-1 D-I REMARKS BY MAYOR NOVAK AND COUNCILMEMBERS ANDERSON, ELLIOTT, PEIRCE, AND PETERS D-2 PRESENTATION OF CERTIFICATE OF APPRECIATION TO MAYOR NOVAK Councilmember Anderson presented Mayor Novak with a Certificate of Appreciation and commended her for her efforts during her term as Mayor during the past two years. D-3 OATH OF OFFICE TO MAYOR ANDERSON AND COUNCILMEMBERS PETERS AND CROTZER City Clerk Bridgett Bauer administered the oath of office to newly -elected Mayor Rodger Anderson, re-elected Councilmember Janice Peters, and newly -elected Councilmember Colby Crotzer. Is D-4 REMARKS BY MAYOR ANDERSON AND COUNCILMEMBERS CROTZER, ELLIOTT, PEIRCE, AND PETERS D-5 DISCUSSION AND SELECTION OF VICE MAYOR MOTION: Councilmember Peirce moved to appoint Councilmember Elliott as Vice - Mayor for a one-year term. The motion was seconded by Mayor Anderson and carried unanimously. (5-0) The meeting adjourned at 6:44 p.m. Recorded by: - Bridgett Bauer City Clerk E .3' c:: • NOTICE OF SPECIAL MEETING NOTICE IS HEREBY GIVEN that the Morro Bay City Council will be holding a Special Closed Session Meeting on Monday. November 30, 1998 at 5:00 p.m. to be held at the Morro Bay City Hall Conference Room, 595 Harbor Street, Morro Bay, California. The following issue will be discussed: ISSUES. Continued discussions regarding personnel issues including one (1) public employee regarding discipline/release/evaluation, • specifically the City Manager. DATED: November 25, 1998 Bridgett Aker, City Clerk u 0 • a MINUTES - MORRO BAY CITY COUNCIL CLOSED SESSION - NOVEMBER 30, 1998 CITY HALL CONFERENCE ROOM - 5:00 P.M. Mayor Novak called the meeting to order at 5:00 p.m. PRESENT: STAFF: W00,134 GRIMM•9 Cathy Novak Rodger Anderson Dave Elliott William Peirce Janice Peters David Cole Robert Schultz Mayor Councilmember Councilmember Councilmember Councilmember City Manager City Attorney MOTION: Councilmember Peirce moved the meeting be adjourned to Closed Session. The motion was seconded by Councilmember Peters and unanimously carried. (5-0) Mayor Novak read the Closed Session statement. GOVERNMENT CODE SECTION 54957.6• PERSONNEL ISSUES. Continued 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 7:40 p.m. MOTION: Councilmember Peters moved the meeting be adjourned. The motion was seconded by Councilmember Anderson and unanimously carried. (5-0) The meeting adjourned at 7:40 p.m. City of Morro Bay City Council Agenda Mission Statement The City of Morro Bay is deiiorted to the preservation and enhancement of the quality of fife. The City shaft be committed to this purpose and will provide a Lead of munidpal service and safdy consistent with and responsive to the needs of the public. REGULAR MEETING - NOVEMBER 23,1998 CLOSED SESSION - NOVEMBER 23, 1998 CITY HALL CONFERENCE ROOM- 5:00 P.M. 595 HARBOR ST., MORRO BAY, CA CS-1 GOVERNMENT CODE SECTION GOVERNMENT CODE SECTION 54956 9(A); PERSONNEL ISSUE DISCUSSIONS REGARDING PERSONNEL ISSUES INCLUDING ONE (1) PUBLIC EMPLOYEE REGARDING DISCIPLINE/RELEASE/EVALUATION, SPECIFICALLY THE CITY MANAGER. • IT IS NOTED THAT THE CONTENTS OF CLOSED SESSION MEETINGS ARE CONFIDENTIAL AND EXEMPT FROM DISCLOSURE. PUBLIC SESSION - NOVEMBER 23, 1998 VETERANS MEMORIAL HALL - 6:00 P.M. 209 SURF ST., MORRO BAY, CA ESTABLISH QUORUM AND CALL TO ORDER PRAYER PLEDGE OF ALLEGIANCE " THOUGHT FOR THE DAY MAYOR AND COUNCILMEMBERS ANNOUNCEMENTS & PRESENTATIONS CLOSED SESSION REPORT PUBLIC COMM NT PERIOD - Members of the audience wishing to address the Council on City business matters (other than Public Hearing items under Section B) may do so at this time. 40 • 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. MR -el CIL41 DAM I A. CONSENT CALENDAR Unless an item is pulled for separate action by the City Council, the following actions are approved without discussion. A-1 APPROVAL OF MINUTES FOR THE REGULAR CITY COUNCIL MEETING OF NOVEMBER 9, 1998; (BAUER) is RECOMMENDATION: Approve as submitted. A-2 CASH & INVESTMENT REPORT - OCTOBER 1998; (KOSER) RECOMMENDATION: Receive for information. A-3 EXPENDITURE REPORT - OCTOBER 1998; (KOSER) RECOMMENDATION: Approve as submitted. A-4 RESOLUTION NO. 107-98 AMENDING CITY'S CONFLICT OF INTEREST CODE; (SCHULTZ) RECOMMENDATION: Adopt Resolution No. 107-98. A-5 UPDATED STATUS AND REVIEW OF EMERGENCY CONDITIONS OF ATASCADERO ROAD SEWER TRUNK LINE REPLACEMENT; (BOUCHER) RECOMMENDATION: Receive for information. • FA A-6 RESOLUTION NO. 103-98 SCHEDULING A PUBLIC HEARING TO • ENLARGE UNDERGROUND UTILITY DISTRICT NO. 6; (BOUCHER) RECOMMENDATION: Adopt Resolution No. 103-98. A-7 RESOLUTION NO. 104-98 APPROVING ACCESS EASEMENT GRANT TO 459 CHORRO CREEK ROAD; (BOUCHER) RECOMMENDATION: Adopt Resolution No.104-98. A-8 RESOLUTION NO. 106-98 APPROVING CHANGE IN OWNERSHIP OF CHARTER COMMUNICATIONS INC. TO PAUL G. ALLEN; (BOUCHER) RECOMMENDATION: Adopt Resolution No. 106-98. A-9 FEE WAIVER FOR CANDIDATES FORUM AND GENERAL POLICY ON FEE WAIVERS; (LUEKER) RECOMMENDATION: Deny the fee waiver request for Advocates for a Better Community for the Candidates Forum held on September 24, 1998. A-10 RESOLUTION NO. 108-98 APPROVING A 3-YEAR LEASE AGREEMENT • FOR LEASE SITE 144/144W - M&M REFRIGERATION; (ALGERT) RECOMMENDATION: Adopt Resolution No. 108-98. A -I I RESOLUTION NO. 109-98 AUTHORIZING A BLANKET WAIVER FROM COMMERCIAL FISHING SLIP QUALIFICATION FOR EXISTING COMMERCIAL SLIP HOLDERS FOR THE 1998 CALENDAR YEAR ONLY; (ALGERT) RECOMMENDATION: Adopt Resolution No. 109-98. A-12 RESOLUTION NO. 105-98 AMENDING MASTER FEE SCHEDULE TO ESTABLISH A REDUCED SIGN EXCEPTION PERMIT APPLICATION FEE FOR A -FRAME SIGNS OR OTHER SIMILAR SIGNS; (NAUMAN) RECOMMENDATION: Adopt Resolution No. 105-98. A-13 PROCLAMATION DECLARING NOVEMBER 1998 AS "HOSPICE MONTH"; (BAUER) RECOMMENDATION: Adopt Proclamation. 3 B-1 ORDINANCE NO. 475 ADDING CHAPTER 5.40 TO THE MORRO BAY MUNICIPAL CODE REGULATING THE SOLICITATION OF BUSINESS AND DISTRIBUTION OF ADVERTISING MATERIAL - FIRST READING/ INTRODUCTION; (LOVEN) RECOMMENDATION: Approve first readinglintroduction of Ordinance No. 475. B-2 ORDINANCE NO. 476 ADDING SECTION 2.20.015 TO CHAPTER 2.20 OF THE MORRO BAY MUNICIPAL CODE ENTITLED "ADDITIONAL COMPENSATION FOR MAYOR" - FIRST READING/INTRODUCTION; (NOVAK) RECOMMENDATION: Approve first reading/introduction of Ordinance No. 476. C. UNFINISHED BUSINESS C-I CONSIDERATION OF AMENDMENTS TO VIDEO PRODUCTION AND • NUTMEG INSERTION POINT MANAGEMENT SERVICES AGREEMENT AND CHANNEL 54 POLICIES AND GUIDELINES TO ACCOMMODATE LIVE CABLECASTS FROM THE VETERANS' MEMORIAL BUILDING AND THE COMMUNITY CENTER; (BOUCHER) • RECOMMENDATION: Consider the amendments to the Video Production and Nutmeg Insertion Point Management Services Agreement and the Channel 54 Operating Policies and Guidelines; and provide direction with regard to the cablecasting schedule. 170 ► A D-1 REQUEST FOR FEE WAIVER FROM THE SAN LUIS COASTAL UNIFIED SCHOOL DISTRICT AND DISCUSSION OF FACILITY USE; (LUEKER) RECOMMENDATION: Deny fee waiver request from San Luis Coastal Unified School District for the Morro Bay High School Girls Softball Team's use of Lila Keiser Park. n • D-2 DISCUSSION ON COMBINATION OF PLANNING & BUILDING AND PUBLIC WORKS DEPARTMENTS, AND RESOLUTION NOS. 110-98 AND 111-98 AUTHORIZING THE CITY MANAGER TO ENTER INTO CONSULTANT AGREEMENTS FOR INTERIM PUBLIC WORKS DIRECTOR AND INTERIM STAFF ENGINEER; (COLE) RECOMMENDATION: Discuss combination of departments, and adopt Resolution Nos. 110-98 and 111-98. D-3 DISCUSSION REGARDING THE SAN LUIS OBISPO COUNTY AIRPORT EXPANSION; (PETERS) RECOMMENDATION: Discuss and direct staff accordingly. D-4 REVIEW OF AUDIT REPORT FOR 1997/98 FISCAL YEAR; (KOSER) RECOMMENDATION: Approve the 1997/98 fiscal year audit report. D-5 STATUS UPDATE ON MULTI -HAZARD EMERGENCY RESPONSE PLAN; (JONES) • RECOMMENDATION: Receive report and provide direction to staff regarding EOC telephones for consideration as part of the mid -year budget. 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 23, 1998 CITY HALL CONFERENCE ROOM - 5:00 P.M. Mayor Novak called the meeting to order at 5:03 p.m PRESENT: Cathy Novak Mayor Rodger Anderson Councilmember Dave Elliott Councilmember William Peirce Councilmember Janice Peters Councilmember STAFF: David Cole City Manager Robert Schultz City Attorney MOTION: Councilmember Peirce moved the meeting be adjourned to Closed Session. The motion was seconded by Councilmember Peters and unanimously carried. (5-0) is Mayor Novak read the Closed Session statement. K•ii u_ _Big I�Ki71)_ Y�iTil�Ci]i;�K•]�I�T:i�iu•1�i►Y.1�K•])J_My_X41I_[•u . •�► • DISCUSSIONS REGARDING PERSONNEL ISSUES INCLUDING ONE (1) PUBLIC EMPLOYEE REGARDING DISCIPLINE/RELEASE/EVALUATION, SPECIFICALLY THE CITY MANAGER. The meeting adjourned to Closed Session at 5:03 p.m. and returned to regular session at 5:53 p.m. MOTION: Councilmember Peirce moved the meeting be adjourned. The motion was seconded by Councilmember Elliott and unanimously carried. (5-0) The meeting adjourned to regular session at 5:53 p.m.; and reconvened to closed session at 11:12 p.m. MOTION: Councilmember Elliott moved the meeting be adjourned to Closed Session. The motion was seconded by Councilmember Peirce and carried unanimously. (5-0) 0 . MOTION: Councilmember Peters moved the meeting be adjourned. The motion was seconded by Councilmember Anderson and carried unanimously. (5-0) The meeting adjourned at 12:25 a.m. MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - NOVEMBER 23, 1998 VETERANS MEMORIAL HALL - 6:00 P.M. Mayor Novak called the meeting to order at 6:00 p.m PRESENT: Cathy Novak Mayor Rodger Anderson Councilmember Dave Elliott Councilmember William Peirce Councilmember Janice Peters Councilmember STAFF: David Cole Robert Schultz Bridgett Bauer • Rick Algert Janeen Burlingame Jeff Jones Joe Loven Andrea Lueker Shauna Nauman Steve Sylvester City Manager City Attorney City Clerk Harbor Director Public Works Administrative Assistant Fire Chief Police Chief Recreation & Parks Director Interim Planning & Building Director City Engineer ESTABLISH QUORUM AND CALL TO ORDER PRAYER PLEDGE OF ALLEGIANCE THOUGHT FOR THE DAY MAYOR'S REPORTS & ANNOUNCEMENTS CLOSED SESSION REPORT - No reportable action was taken. Greg Nishi, representative of PG&E, presented the "Winter Watch Program" to the City Council which addresses tips for the upcoming winter season. • Leabah Winter addressed Item A-9 (Fee Waiver Request for Candidates Forum) and requested Council consider waiving the facility use fee. She also asked if the City Council will be reviewing the action taken at the last Coastal Commission meeting. 2 • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - NOVEMBER 23, 1998 Mary Phillips requested a legal interpretation regarding the "grandfather clause" on non- conforming residences. She also said there should be consideration made to issuing free tickets to ride the Dial -a -Ride bus for those who can't afford to pay. Barbara Playan stated since Highway I has been designated a Scenic Highway, the speed limit should be maintained at 55 mph along the coast. She also addressed election procedures regarding phone calls placed to citizens regarding how to vote. Colby Crotzer stated he is looking forward to working with the City Council. Rick Grantham addressed published reports regarding phone calls placed to citizens on how to vote; and stated all citizens should be aware of their full voting rights. Roger Eby thanked Channel 54 crew for their efforts in filming public meetings for public awareness. John Barta thanked Mayor Novak for her efforts as the City's Mayor. He also referred to • the clear water infiltration in the Ataseadero Road sewer trunk line which is caused by the high groundwater in that area. Harry Rogers addressed the fee waiver requests on this agenda, and stated fees are needed for City revenue and those who use the facilities must pay. Nancy Castle addressed Item CA (Consideration of Amendments to Video Production and Nutmeg Insertion Point Management Services Agreement and Channel 54 Policies and Guidelines to Accommodate Live Cablecasts from the Veterans' Memorial Building and the Community Center) stating the important issue is flexibility between now and the first meeting in January until AGP is able to use the new live broadcast system. Coe (no last name) addressed Item A-12 (Resolution Amending the Master Fee Schedule to Establish a Reduced Sign Exception Permit Application Fee for A -Frame Signs or Other Similar Signs) and requested the City Council make no decision until the sign ordinance update has been reviewed. Mayor Novak closed the public comment hearing. •_IN MWINK90NOT9991FORaTURNa 0 • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - NOVEMBER 23, 1998 Unless an item is pulled for separate action by the City Council, the following actions are approved without discussion. A-1 APPROVAL OF MINUTES FOR THE REGULAR CITY COUNCIL MEETING OF NOVEMBER 9, 1998; (BAUER) RECOMMENDATION: Approve as submitted. A-2 CASH & INVESTMENT REPORT - OCTOBER 1998; (KOSER) RECOMMENDATION: Receive for information. A-3 EXPENDITURE REPORT - OCTOBER 1998; (KOSER) RECOMMENDATION: Approve as submitted. • A-4 RESOLUTION NO. 107-98 AMENDING CITY'S CONFLICT OF INTEREST CODE; (SCHULTZ) RECOMMENDATION: Adopt Resolution No.107-98. A-5 UPDATED STATUS AND REVIEW OF EMERGENCY CONDITIONS OF ATASCADERO ROAD SEWER TRUNK LINE REPLACEMENT; (BOUCHER) RECOMMENDATION: Receive for information. A-6 RESOLUTION NO. 103-98 SCHEDULING A PUBLIC HEARING TO ENLARGE UNDERGROUND UTILITY DISTRICT NO. 6; (BOUCHER) RECOMMENDATION: Adopt Resolution No. 103-98. A-7 RESOLUTION NO. 104-98 APPROVING ACCESS EASEMENT GRANT TO 459 CHORRO CREEK ROAD; (BOUCHER) RECOMMENDATION: Adopt Resolution No. 104-98. • 0 • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - NOVEMBER 23, 1998 A-8 RESOLUTION NO. 106-98 APPROVING CHANGE IN OWNERSHIP OF CHARTER COMMUNICATIONS INC. TO PAUL G. ALLEN; (BOUCHER) RECOMMENDATION: Adopt Resolution No. 106-98. A-9 FEE WAIVER FOR CANDIDATES FORUM AND GENERAL POLICY ON FEE WAIVERS; (LUEKER) RECOMMENDATION: Deny the fee waiver request for Advocates for a Better Community for the Candidates Forum held on September 24, 1998. A-10 RESOLUTION NO. 108-98 APPROVING A 3-YEAR LEASE AGREEMENT FOR LEASE SITE 144/144W - M&M REFRIGERATION; (ALGERT) RECOMMENDATION: Adopt Resolution No. 108-98. A - II RESOLUTION NO. 109-98 AUTHORIZING A BLANKET WAIVER FROM • COMMERCIAL FISHING SLIP QUALIFICATION FOR EXISTING COMMERCIAL SLIP HOLDERS FOR THE 1998 CALENDAR YEAR ONLY; (ALGERT) RECOMMENDATION: Adopt Resolution No. 109-98. A-12 RESOLUTION NO. 105-98 AMENDING MASTER FEE SCHEDULE TO ESTABLISH A REDUCED SIGN EXCEPTION PERMIT APPLICATION FEE FOR A -FRAME SIGNS OR OTHER SIMILAR SIGNS; (NAUMAN) RECOMMENDATION: Adopt Resolution No. 105-98. A-13 PROCLAMATION DECLARING NOVEMBER 1998 AS "HOSPICE MONTH'; (BAUER) RECOMMENDATION: Adopt Proclamation. Councilmember Peters pulled Items A-3, A-8, A-9 and A-12 from the Consent Calendar; Councilmember Anderson pulled Item A-5; and Councilmember Elliott pulled Item A-10. MOTION: Councilmember Peters moved the City Council approve Items A-1, A-2, A-4, A-6, A-7, A-11, A-13 of the Consent Calendar. The motion was • seconded by Councilmember Anderson and carried unanimously. (5-0) 5 • A-3 EXPENDITURE REPORT - OCTOBER 1998; (KOSER) Councilmember Peters reviewed the City's Master Card charges and expenses for public information. MOTION: Councilmember Peters moved the City Council approve Item A-3 of the Consent Calendar. The motion was seconded by Councilmember Anderson and carried unanimously. (5-0) A-5 UPDATED STATUS AND REVIEW OF EMERGENCY CONDITIONS OF ATASCADERO ROAD SEWER TRUNK LINE REPLACEMENT; (BOUCHER) Councilmember Anderson requested the City Engineer report on the update of this project for public information. City Engineer Steve Sylvester reviewed the progress on the sewer trunk line replacement. MOTION: Councilmember Anderson moved the City Council approve Item A-5 of the Consent Calendar. The motion was seconded by Councilmember Peirce and carried unanimously. (5-0) A-8 RESOLUTION NO. 106-98 APPROVING CHANGE IN OWNERSHIP OF • CHARTER COMMUNICATIONS INC. TO PAUL G. ALLEN; (BOUCHER) Councilmember Peters addressed fees that citizens were charged who wanted a converter box and were required to subscribe to the Video Club. She said it would be reasonable to request a refund be made to Video Club subscribers and made a public plea to Charter Communications to refund $54 per Video Club subscriber. Dan Joseph, representative of Charter Communications, stated he will forward this public plea to the General Manager of Charter Communications. The consensus of the City Council was to notify Charter Communications of Council's plea to reimburse $54 per Video Club subscriber. MOTION: Councilmember Peters moved the City Council approve Item A-8 of the Consent Calendar. The motion was seconded by Councilmember Anderson and carried unanimously. (5-0) A-9 FEE WAIVER FOR CANDIDATES FORUM AND GENERAL POLICY ON FEE WAIVERS; (LUEKER) • Councilmember Peters stated candidates forums are a public service and the facility use fee should be waived. Fo • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - NOVEMBER 23, 1998 Councilmember Elliott disagreed stating if a forum is sponsored by a special interest group, they should pay the fee (other than non-profit groups). Councilmember Anderson stated an at -cost fee should be charged. Mayor Novak agreed that an at -cost fee should be charged for this use. MOTION: Councilmember Elliott moved the City Council approve staffs recommendation to deny the fee waiver request. The motion was seconded by Councilmember Anderson and carried with Councilmember Peters voting no. (4-1) A-10 RESOLUTION NO. 108-98 APPROVING A 3-YEAR LEASE AGREEMENT FOR LEASE SITE 144/144W - M&M REFRIGERATION; (ALGERT) Councilmember Elliott stated that a 3-year lease should not be necessary to complete the improvements necessary for this lease site. • Harbor Director Rick Algert responded a 3-year lease is recommended because this is a viable marine -service use which requires dock repairs which will require creative funding. Councilmember Anderson stated this business is important to the waterfront, and recommended a 1-year lease with flexibility. Councilmember Peters recommended an annual lease with a 3-year deadline. Mayor Novak suggested a 2-year lease. MOTION: Councilmember Peters moved the City Council approve Resolution No. 108-98 with an amendment of approving a 2-year lease agreement for Lease Site 144/144W - M&M Refrigeration. The motion was seconded by Councilmember Anderson and carried unanimously. (5-0) A-12 RESOLUTION NO. 105-98 AMENDING MASTER FEE SCHEDULE TO ESTABLISH A REDUCED SIGN EXCEPTION PERMIT APPLICATION FEE FOR A -FRAME SIGNS OR OTHER SIMILAR SIGNS; (NAUMAN) Councilmember Peters reviewed this item for public information stating this issue has been an ongoing project. She stated the Planning Commission is working on the update • to the entire sign ordinance. Councilmember Peters noted this item was brought forward to accommodate local business people while entering the busy holiday season. 7 • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - NOVEMBER 23, 1998 The City Council did request staff to track the application fee for review at the mid -year budget. MOTION: Councilmember Peters moved the City Council approve Item A-12 of the Consent Calendar. The motion was seconded by Councilmember Elliott and carried unanimously. (5-0) Mayor Novak called for a break at 7:40 p.m.; the meeting resumed at 7:55 p.m. Mayor Novak recommended the City Council take the agenda out of order and hear Item D-4 (Review of Audit Report for 1997/98 Fiscal Year) next; Council concurred. B-1 ORDINANCE NO. 475 ADDING CHAPTER 5.40 TO THE MORRO BAY MUNICIPAL CODE REGULATING THE SOLICITATION OF BUSINESS AND DISTRIBUTION OF ADVERTISING MATERIAL - FIRST READING/ • INTRODUCTION; (LOVEN) Police Chief Joe Loven stated earlier this year, Council directed staff to draft an ordinance that addresses the on -going problem of unsolicited advertising materials being distributed throughout the City of Morro Bay. He said Ordinance No. 475 establishes Chapter 5.40 of the Morro Bay Municipal Code, setting guidelines for the registration of solicitors within the City, limitations on the manner and times of solicitation, and restrictions on the posting or handing out of advertising materials on public property. Chief Loven stated this ordinance also establishes guidelines for private property owners to restrict or prohibit the distribution of materials, or the solicitation by individuals, on or at their property. He noted violation of this ordinance would be punishable by a fine, as an infraction, under the municipal code. Chief Loven recommended the City Council approve the first reading and introduction of Ordinance No. 475. Councilmember Elliott stated the intention of requesting this ordinance was to prevent flyers to be posted and end up littering the City's streets. Mayor Novak opened the hearing for public comment. John Barta addressed the exceptions created by this ordinance, and all the regulations which will cause more government bureaucracy. E11 • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - NOVEMBER 23, 1998 Neil Farrell noted Sun -Bulletin is a paid paper which is subscribed for, and referred the City to the Circulation Manager of the Telegram Tribune to discuss handbills. He suggested the City consider placing billboards around the City to post flyers. Jim Nance stated handbills are the most economic way to advertise business which he has had experience with and offered to speak with the Police Chief on regulations. Mayor Novak closed the public comment hearing. The City Council discussed various scenarios where registration to post flyers may or may not be necessary. Councilmember Peirce stated flyers posted within a business should be excluded from the proposed registration. City Attorney Rob Schultz stated he can draft an exemption clause to add to the ordinance. • The City Council requested an amendment to Section 5.40.040(F) - Exemptions to exclude registration for flyers or posters posted within business establishments be added to this ordinance, and return the revised first reading and introduction of Ordinance No. 475 to the December 14th City Council meeting. No further action was taken on this item. B-2 ORDINANCE NO. 476 ADDING SECTION 2.20.015 TO CHAPTER 2.20 OF THE MORRO BAY MUNICIPAL CODE ENTITLED "ADDITIONAL COMPENSATION FOR MAYOR" - FIRST READING/INTRODUCTION; (NOVAK) Mayor Novak stated over the years, the responsibilities of the City Council, especially the Mayor, has evolved to more than a part-time position. She said to effectively represent the City of Morro Bay on countless issues, additional time must be spent on attending local meetings, out of town meetings requiring one or more days away from home and current job responsibilities, if any, and many additional tasks. Mayor Novak stated taking into consideration the additional responsibilities that the Mayor must perform, it only seems fair that the Mayor should receive additional compensation. She said the fiscal impact will increase by $2,400 annually beginning in December of 2000 due to California Government Code Section 36516.5 which prohibits against a change in • compensation during term in office. Mayor Novak recommended the City Council approve the first reading and introduction of Ordinance No. 476. 0 • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - NOVEMBER 23, 1998 Mayor Novak opened the hearing for public comment. Harry Rogers stated this is a reasonable request based on the responsibilities taken on by a mayor. John Barta expressed his support for this ordinance. Mayor Novak closed the public comment hearing. The consensus of the City Council was in support of this ordinance. Councilmember Peirce stated he also supports; however, an increase to the full City Council should also be considered. MOTION: Councilmember Peters moved the City Council approve the first reading and introduction of Ordinance No. 476 adding Section 2.20.015 to Chapter 2.20 of the Morro Bay Municipal Code entitled "Additional Compensation for Mayor". The motion was seconded by Councilmember Anderson and • carried unanimously. (5-0) City Manager David Cole read Ordinance No. 476 by title and number only. Mayor Novak recommended the City Council take the agenda out of order and hear Item D-1 (Request for Fee Waiver from the San Luis Coastal Unified School District and Discussion of Facility Use), and Item D-3 (Discussion Regarding the San Luis Obispo County Airport Expansion) next; Council concurred. Mayor Novak called for a break at 9:40 p.m.; the meeting resumed at 9:50 p.m. C-1 CONSIDERATION OF AMENDMENTS TO VIDEO PRODUCTION AND NUTMEG INSERTION POINT MANAGEMENT SERVICES AGREEMENT AND CHANNEL 54 POLICIES AND GUIDELINES TO ACCOMMODATE LIVE CABLECASTS FROM THE VETERANS' MEMORIAL BUILDING AND THE COMMUNITY CENTER; (BOUCHER) Public Works Administrative Assistant Janeen Burlingame stated on April 27, 1998, the City Council approved the transfer of the Cable Television Franchise Agreement from • Sonic Cable to Charter Communications. She said at the September 14, 1998 City Council meeting, the City Council authorized the allocation of funds to renovate the Iff • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - NOVEMBER 23, 1998 Veteran's Hall to accommodate the playback equipment package provided pursuant to the transfer agreement. Ms. Burlingame stated the City Council also directed staff to agendize the preparation of guidelines for live broadcast, and review of the City's current contract regarding scheduling provisions for contractors with live broadcast capabilities before the Public Works Advisory Board. She recommended the City Council consider the amendments to the Video Production and Nutmeg Insertion Point Management Services Agreement and the Channel 54 Operating Policies and Guidelines; and provide direction with regard to the cablecasting schedule. The consensus of Council was to maintain flexibility in scheduling with the approval of staff, and review the status after the system has been underway. MOTION: Councilmember Peters moved the City Council approve the amendments to the Video Production and Nutmeg Insertion Point Management Services Agreement and the Channel 54 Operating Policies and Guidelines as provided in the attachments in the staff report, with interim cablecasting schedule during the holiday season subject to the approval of the City • Manager or his representative. The motion was seconded by Councilmember Elliott and carried unanimously. (5-0) Mayor Novak recommended the City Council take the agenda out of order and hear Item D-5 next; Council concurred. I11 LNWiTA*9,1sY1►UM-1 D-1 REQUEST FOR FEE WAIVER FROM THE SAN LUIS COASTAL UNIFIED SCHOOL DISTRICT AND DISCUSSION OF FACILITY USE; (LUEKER) Recreation & Parks Director Andrea Lueker stated the Morro Bay High School Girls Softball Team has used Keiser Park East field for the last several years from approximately February through June, Monday through Friday in the afternoons. She said the charges for their use have varied from no charge in 1994 (through a commitment with the former Recreation & Parks Director) to a charge of $462.50 in 1998. Ms. Lueker noted the fees are based on those established in the Master Fee Schedule for field use for public schools, the lowest rental rates available. She said the estimated revenue generation from this rental is approximately $400-$500 per month depending on the amount of additional clean-up required to ready the park for other users. Ms. Lueker recommended the City Council deny the fee waiver request from San Luis Coastal Unified School District for the Morro Bay High School Girls Softball Team's use of Lila • Keiser Park. • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - NOVEMBER 23, 1998 The consensus of the City Council was in support of staff s recommendation to deny the fee waiver request of the San Luis Coastal Unified School District. MOTION: Councilmember Peirce moved the City Council deny the fee waiver request from San Luis Coastal Unified School District for the Morro Bay High School Girls Softball Team's use of Lila Keiser Park. The motion was seconded by Councilmember Elliott and carried unanimously. (5-0) D-2 DISCUSSION ON COMBINATION OF PLANNING & BUILDING AND PUBLIC WORKS DEPARTMENTS, AND RESOLUTION NOS. 110-98 AND 111-98 AUTHORIZING THE CITY MANAGER TO ENTER INTO CONSULTANT AGREEMENTS FOR INTERIM PUBLIC WORKS DIRECTOR AND INTERIM STAFF ENGINEER; (COLE) City Manager David Cole reviewed status of the reorganization combining the Planning & Building Department and the Public Works Department, and recommended the City Council discuss the combination of departments, and adopt Resolution No. 110-98 authorizing the City Manager to enter into an agreement procuring the services of an isInterim Public Works Director, and adopt Resolution No. 111-98 authorizing the City Manager to enter into an agreement procuring the services of an Interim Staff Engineer. The consensus of the City Council was in support of staff s recommendations. MOTION: Councilmember Elliott moved the City Council approve Resolution No. 110-98 authorizing the City Manager to enter into an agreement procuring the services of an Interim Public Works Director. The motion was seconded by Councilmember Peirce and carried unanimously. (5-0) MOTION: Councilmember Elliott moved the City Council approve Resolution No. 111-98 authorizing the City Manager to enter into an agreement procuring the services of an Interim Staff Engineer. The motion was seconded by Councilmember Peirce and carried unanimously. (5-0) D-3 DISCUSSION REGARDING THE SAN LUIS OBISPO COUNTY AIRPORT EXPANSION; (PETERS) Councilmember Peters introduced Bob Tefft who reviewed the Airport Master Plan for Council information. Councilmember Peters also expressed support for the proposed expansion to the San Luis Obispo County Airport which could allow for future revenue • benefit not only to Morro Bay, but the whole County. 12 • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - NOVEMBER 23, 1998 Mayor Novak stated she supports the proposed expansion; however, has concern with Morro Bay's involvement in an issue which may affect the another city. Councilmember Anderson agreed that the County will benefit from this proposed expansion. Councilmember Elliott stated air carriers are leaving San Luis Obispo County Airport due to lack of accommodations. He said expansion is needed to maintain this service which is a regional service. Councilmember Peirce stated the San Luis Obispo County Airport is a growing entity which serves the entire County. Council consensus was to draft a letter of support for the San Luis Obispo County Airport Expansion Plan to the San Luis Obispo County Board of Supervisors. No further action was taken. • D-4 REVIEW OF AUDIT REPORT FOR 1997/98 FISCAL YEAR; (KOSER) City Manager David Cole introduced Certified Public Accountant Mike Butcher of Butcher & Chambers, who reviewed the audit report for the 1997/98 fiscal year prepared by this firm. Mr. Cole recommended the City Council approve the 1997/98 fiscal year audit report. The City Council received the report and expressed their gratitude to City staff and the Firm of Butcher & Chambers for providing such an organized and timely report. MOTION: Councilmember Peirce moved the City Council approve the Fiscal Year 1997/98 Financial Audit Report. The motion was seconded by Councilmember Peters and carried unanimously. (5-0) MOTION: Councilmember Anderson moved the City Council go beyond 11:00 p.m. to complete the remainder of the agenda. The motion was seconded by Councilmember Elliott and carried unanimously. (5-0) 13 • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - NOVEMBER 23, 1998 D-5 STATUS UPDATE ON MULTI -HAZARD EMERGENCY RESPONSE PLAN; (JONES) Fire Chief Jeff Jones reviewed the Multi -Hazard Emergency Response Plan and recommended the City Council provide direction to staff regarding EOC telephones for consideration as part of the mid -year budget. Council received the Multi -Hazard Emergency Response Plan, and directed staff to track the EOC telephones for consideration at the mid -year budget. RNMEW. G '►u 1 MOTION: Councilmember Elliott moved the City Council adjourn to Closed Session. The motion was seconded by Councilmember Peirce and carried unanimously. (5-0) The meeting adjourned to Closed Session at 1 1:04 p.m. • Recorded by: Bridgett Bauer City Clerk • 14 City of Morro Bay City Council Agenda Mission Statement r6eCity of1do.mBay isaattmtedtothe yaac donmdailumwnmtofthe qualify offife. rheCity shall be committal 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 9,1998; 5:00 P.M. CLOSED SESSION - NOVEMBER 9,1998 - CITY HALL CONFERENCE ROOM- 5:00 P.M. 595 HARBOR ST., MORRO BAY, CA GOVERNMENT CODE SECTION 54956 9(A)• CONFERENCE WITH LEGAL COUNSEL REGARDING PENDING LITIGATION STATUS REPORT ONALL PENDING LITIGATION. THIS IS A REPORT ON STATUS AND NO ACTION MAY BE TAKEN ON ANY MATTER NOT SPECIFICALLY LISTED. THE CITY COUNCIL MAY REQUEST A SPECIFIC MATTER BE AGENDIZED IN THE FUTURE FOR ACTION. GOVERNMENT CODE SECTION 54956 9(A)• PERSONNEL ISSUES DISCUSSIONS OF PERSONNEL ISSUES REGARDING THE IMPLEMENTATION OF THE ORGANIZATIONAL RESTRUCTURING PLAN. PUBLIC SESSION - NOVEMBER 9,1998 VETERANS MEMORIAL HALL - 6:00 P.M. 209 SURF ST., MORRO BAY, CA ESTABLISH QUORUM AND CALL TO ORDER PRAYER PLEDGE OF ALLEGIANCE THOUGHT FOR THE DAY MAYOR AND COUNCILMEMBERS ANNOUNCEMENTS & PRESENTATIONS CLOSED SESSION REPORT • PUBLIC COMMENT PERIOD - Members of the audience wishing to address the Council on City business matters (other than Public Hearing items under Section B) may do so at this time. To increase the effectiveness of the Public Comment Period, the following rules shall be followed: • When recognized by the Mayor, please come forward to the podium and state your name and address for the record. Comments are to be limited to three minutes. • All remarks shall be addressed to Council, as a whole, and not to any individual member thereof. • No person shall be permitted to make slanderous, profane or personal remarks against any elected official, commission and/or staff. COUNCIL DECLARATION OF FUTURE AGENDA ITEMS A. CONSENT CALENDAR Unless an item is pulled for separate action by the City Council, the following actions are approved without discussion. • A-1 APPROVAL OF MINUTES FOR THE REGULAR CITY COUNCIL MEETING OF OCTOBER 26, 1998; (BAUER) RECOMMENDATION: Approve as submitted. A-2 UPDATED STATUS AND REVIEW OF EMERGENCY CONDITIONS OF ATASCADERO ROAD SEWER TRUNK LINE REPLACEMENT; (BOUCHER) RECOMMENDATION: Receive for information. A-3 RESOLUTION NO. 102-98 APPROVING AIR POLLUTION CONTROL DISTRICT MOTOR VEHICLE EMISSION REDUCTION GRANT AGREEMENT TO PURCHASE ONE ADA ACCESSIBLE TROLLEY; (BOUCHER) RECOMMENDATION: Adopt Resolution No. 102-98. A-4 REQUEST FOR AMICUS SUPPORT IN FUKUDA v. CITY OF ANGELS CASE BEFORE THE CALIFORNIA SUPREME COURT; (SCHULTZ) • RECOMMENDATION: Receive for information. 2 • B. PUBLIC HEARINGS, REPORTS & APPEARANCES B-1 CONSIDERATION OF DRAFT POLICIES AND PROCEDURES FOR USE OF CHARTER COMMUNICATIONS PRODUCTION FACILITIES; (BOUCHER) RECOMMENDATION: Adopt draft policies and procedures. C. UNFINISHED BUSINESS C-1 STATUS REPORT ON ONE YEAR REVIEW OF REGIONAL URBAN DESIGN ASSISTANCE TEAM (RUDAT) REPORT; (NAUMAN) RECOMMENDATION: Receive for information. C-2 ORDINANCE NO. 474 AMENDING CHAPTER 3.12 OF THE MORRO BAY MUNICIPAL CODE PROVIDING FOR A UNIFORM CLAIMS PRESENTATION PERIOD FOR CLAIMS AGAINST THE CITY OF MORRO BAY - (SECOND READING/ADOPTION); (SCHULTZ) RECOMMENDATION: Approve second reading and adoption of Ordinance No. 474. D-I CONSIDERATION OF PLANNING COMMISSION RECOMMENDATION ON SIGN EXCEPTION PERMIT FEES; (NAUMAN) RECOMMENDATION: Discuss Planning Commission recommendation to reduce or waive all sign exception permit application fees for a specific period of time to encourage application submittals. 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 - NOVEMBER 9, 1998 CITY HALL CONFERENCE ROOM - 5:00 P.M. Mayor Novak called the meeting to order at 5:00 p.m. PRESENT: Cathy Novak Mayor Rodger Anderson Councilmember Dave Elliott Councilmember William Peirce Councilmember Janice Peters Councilmember STAFF: David Cole City Manager Robert Schultz City Attorney MOTION: Councilmember Anderson moved the meeting be adjourned to Closed Session. The motion was seconded by Councilmember Peters and unanimously carried. (5-0) is Mayor Novak read the Closed Session statement. CS-1 GOVERNMENT CODE SECTION 54956.9(A); CONFERENCE WITH LEGAL COUNSEL REGARDING PENDING LITIGATION • STATUS REPORT ON ALL PENDING LITIGATION. THIS IS A REPORT ON STATUS AND NO ACTION MAY BE TAKEN ON ANY MATTER NOT SPECIFICALLY LISTED. THE CITY COUNCIL MAY REQUEST A SPECIFIC MATTER BE AGENDIZED IN THE FUTURE FOR ACTION. CS-2 GOVERNMENT CODE SECTION 54956.9(A); PERSONNEL ISSUES • DISCUSSIONS OF PERSONNEL ISSUES REGARDING THE IMPLEMENTATION OF THE ORGANIZATIONAL RESTRUCTURING PLAN. The meeting adjourned to Closed Session at 5:00 p.m. and returned to regular session at 5:51 p.m. MOTION: Councilmember Peters moved the meeting be adjourned. The motion was seconded by Councilmember Peirce and unanimously carried. (5-0) isThe meeting adjourned to regular session at 5:51 p.m.; and reconvened to closed session at 8:25 p.m. C� J • • MOTION: Councilmember Peirce moved the meeting be adjourned to Closed Session. The motion was seconded by Councilmember Elliott and unanimously carried. (5-0) MOTION: Councilmember Peters moved the meeting be adjourned. The motion was seconded by Councilmember Anderson and unanimously carried. (5-0) The meeting adjourned at 10:12 p.m. MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - NOVEMBER 9, 1998 VETERANS MEMORIAL HALL - 6:00 P.M. Mayor Novak called the meeting to order at 6:00 p.m PRESENT: Cathy Novak Mayor Rodger Anderson Councilmember Dave Elliott Councilmember William Peirce Councilmember Janice Peters Councilmember STAFF: David Cole Robert Schultz Bridgett Bauer Janeen Burlingame Jeff Jones Shauna Nauman City Manager City Attorney City Clerk Administrative Assistant Fire Chief Interim Planning & Building Director ESTABLISH QUORUM AND CALL TO ORDER PRAYER PLEDGE OF ALLEGIANCE THOUGHT FOR THE DAY MAYOR'S REPORTS & ANNOUNCEMENTS CLOSED SESSION REPORT - No action was taken. Laurie Noble addressed Item D-1 (Consideration of Planning Commission Recommendation on Sign Exception Permit Fees) and said the best course of action would be for business owners to apply for a sign exception permit until the City's sign ordinance is reviewed and updated. She requested the City Council consider reducing or waiving the fee to permit free-standing signs temporarily. 2 • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - NOVEMBER 9, 1998 Wally McCray endorsed the "Adopt a Pothole" program which has been proposed. Angie Crider, Vice President of Membership for Friends of the Library, announced the library has extended its hours to better serve the public. Bob Tefft addressed the San Luis Obispo County Airport Master Plan which will allow regional jets to land at the San Luis Obispo County airport. He said this will assist in less frequent flights, less noise impact, and expand tourism in the county. Mr. Tefft requested Council consideration in support of this proposed airport master plan. Lynda Merrill stated copies of the General Plan update will be available for purchase at $40 each; however, public documents will also be available for public review at the Planning & Building Department and the library. John Barta stated he will be available to answer questions on Item D-1. • DECLARATION OF FUTURE AGENDA ITEMS - Councilmember Peters requested the consideration of the San Luis Obispo Airport Master Plan be agendized; Councilmember Anderson requested discussion on the Ballot Box newsletter which was mailed out to Morro Bay citizens prior to the election be agendized. • ►I:_: Unless an item is pulled for separate action by the City Council, the following actions are approved without discussion. A-1 APPROVAL OF MINUTES FOR THE REGULAR CITY COUNCIL MEETING OF OCTOBER 26, 1998; (BAUER) RECOMMENDATION: Approve as submitted. A-2 UPDATED STATUS AND REVIEW OF EMERGENCY CONDITIONS OF ATASCADERO ROAD SEWER TRUNK LINE REPLACEMENT; (BOUCHER) RECOMMENDATION: Receive for information. • 3 • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - NOVEMBER 9, 1998 A-3 RESOLUTION NO. 102-98 APPROVING AIR POLLUTION CONTROL DISTRICT MOTOR VEHICLE EMISSION REDUCTION GRANT AGREEMENT TO PURCHASE ONE ADA ACCESSIBLE TROLLEY; (BOUCHER) RECOMMENDATION: Adopt Resolution No. 102-98. A-4 REQUEST FOR AMICUS SUPPORT IN FUKUDA v. CITY OF ANGELS CASE BEFORE THE CALIFORNIA SUPREME COURT; (SCHULTZ) RECOMMENDATION: Receive for information. Councilmember Peirce pulled Items A-2 and A-3 from the Consent Calendar. MOTION: Councilmember Peirce moved the City Council approve Items A-1 and A- 4 of the Consent Calendar. The motion was seconded by Councilmember • Elliott and carried unanimously. (5-0) A-2 UPDATED STATUS AND REVIEW OF EMERGENCY CONDITIONS OF ATASCADERO ROAD SEWER TRUNK LINE REPLACEMENT; (BOUCHER) Councilmember Peirce requested staff clarification for public information. City Manager David Cole reviewed the process taking place on the sewer trunk line replacement project. MOTION: Councilmember Elliott moved the City Council approve Item A-2 of the Consent Calendar. The motion was seconded by Councilmember Peirce and carried unanimously. (5-0) A-3 RESOLUTION NO. 102-98 APPROVING AIR POLLUTION CONTROL DISTRICT MOTOR VEHICLE EMISSION REDUCTION GRANT AGREEMENT TO PURCHASE ONE ADA ACCESSIBLE TROLLEY; (BOUCHER) Councilmember Peirce announced the City has received $10,000 from the Air Pollution Control District for the purchase of an ADA Accessible trolley. • 0 • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - NOVEMBER 9, 1998 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-1 CONSIDERATION OF DRAFT POLICIES AND PROCEDURES FOR USE OF CHARTER COMMUNICATIONS PRODUCTION FACILITIES; (BOUCHER) Administrative Assistant Janeen Burlingame stated on April 27, 1998, the City Council approved a transfer of the Cable Television Franchise Agreement from Sonic Cable to Charter Communications. She noted on October 7, 1998, Charter Communications submitted draft policies and procedures for use of the Charter Communications production facilities located at 270 Bridge Street in San Luis Obispo. Ms. Burlingame said at the October 14, 1998 Public Works Advisory Board meeting, the Board considered the draft policies and procedures regarding the training class, whether use of • the facilities by other groups than Morro Bay residents would be permitted, the priority of Morro Bay residents, the availability, duration and use of the studio and editing equipment, and the definition of a "citizen of Morro Bay", including what is acceptable proof of residency. Ms. Burlingame stated both staff and the Public Works Advisory Board recommend the City Council adopt the policies and procedures for use of the Charter Communications Production Facilities as presented in the staff report. Mayor Novak opened the hearing for public comment. Colby Crotzer stated Charter Communications has done everything to meet the requirements to provide public access to the community; however, the City Council has limited this cablecast system with policies for public access. He asked Council if their intent is to provide a public access channel for public review. Mayor Novak closed the public comment hearing. Councilmember Anderson stated Channel 54 should be maintained as the government access channel, and obtain a second channel for educational and public access. Councilmember Peters stated she is supportive of public access; however, it was made • very clear by the citizens of Morro Bay in a survey that Channel 54 should be maintained as a government access channel which is funded by the City's budget. 5 • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - NOVEMBER 9, 1998 Councilmember Elliott stated this is a great opportunity for the public to learn how to provide public access. Councilmember Peirce expressed support for the draft policies and procedures in order to assist the public in learning how to operate the equipment. Mayor Novak also expressed support for the draft policies and procedures. MOTION: Councilmember Peirce moved the City Council adopt the draft policies and procedures for use of the Charter Communications Production Facilities. The motion was seconded by Councilmember Anderson and carried unanimously. (5-0) C-1 STATUS REPORT ON ONE YEAR REVIEW OF REGIONAL URBAN • DESIGN ASSISTANCE TEAM (RUDAT) REPORT; (NAUMAN) • Interim Planning and Building Director Shauna Nauman reviewed the status report on the One -Year Regional/Urban Design Assistance Team (R/UDAT) follow-up workshop held on August 29, 1998. The City Council received the report, and urged the continuation of the goals addressed in the R/UDAT report. This was an informational item; no action was taken. C-2 ORDINANCE NO. 474 AMENDING CHAPTER 3.12 OF THE MORRO BAY MUNICIPAL CODE PROVIDING FOR A UNIFORM CLAIMS PRESENTATION PERIOD FOR CLAIMS AGAINST THE CITY OF MORRO BAY - (SECOND READING/ADOPTION); (SCHULTZ) City Attorney Robert Schultz requested the City Council approve the second reading and adoption of Ordinance No. 474. 13 • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - NOVEMBER 9, 1998 MOTION: Councilmember Anderson moved the City Council approve the second reading and adoption of Ordinance No. 474 amending Chapter 3.12 of the Morro Bay Municipal Code providing for a Uniform Claims Presentation Period for claims filed against the City of Mono Bay. The motion was seconded by Councilmember Peirce and carried unanimously. (5-0) City Manager David Cole read Ordinance No. 474 by number and title only. D-1 CONSIDERATION OF PLANNING COMMISSION RECOMMENDATION ON SIGN EXCEPTION PERMIT FEES; (NAUMAN) Interim Planning and Building Director Shauna Nauman said based on Council direction, the Planning Commission conducted a workshop on October 4, 1998 at which time the issue of off -premise signs was discussed. She stated the Planning Commission • recommends the City Council reduce or waive all sign exception permit application fees for a specific period of time to encourage application submittals. Ms. Nauman noted the goal is to assist struggling business owners and provide a process that would allow staff to package all of the requests for review and consideration by the Planning Commission at the same public hearing to facilitate consistency of review and help expedite the process. She said staff does not support a fee waiver; however, some reduction of fees may be appropriate if the number of applications is relatively small or if the type of exception requests are similar. Ms. Nauman recommended prior to taking any action, Council give staff general direction on this matter, and be directed to bring back a more thorough analysis of the potential impacts, i.e., cost to the General Fund and the impact to existing projects on file as it relates to the allocation of staff resources. Councilmember Peters stated as long as the ordinance is in effect, not all signs should be exempt. She said a temporary 1/2 permit fee reduction would be reasonable. Councilmember Anderson suggested a $100 permit fee with a sunset clause for 6 months, and after that the full permit fee should be charged. He expressed the importance of the City's economy, and how all impacts affect the City's budget and the maintenance of the City. Councilmember Elliott suggested adopting the criteria on signs and have volunteers go out and administer this temporary signage program. • 7 • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - NOVEMBER 9, 1998 Councilmember Peirce addressed the beurocratic system, and stated he would like this temporary sign program take place as soon as possible. Mayor Novak reminded Council that Coastal Commission approval is required on the amended sign ordinance. Mayor Novak called for a break at 7:38 p.m.; the meeting resumed at 8:03 p.m. The consensus of Council was to establish a temporary sign permit fee of $25; and directed the Planning Commission to establish criteria of A -frame signs prior to amendment to the City's sign ordinance. � • .► ► 1 MOTION: Councilmember Peters moved the City Council adjourn to Closed Session. The motion was seconded by Councilmember Peirce and carried unanimously. (5-0) The meeting adjourned to Closed Session at 8:15 p.m. Recorded by: Bridgett Bauer City Clerk L 9 City of Morro Bay i� City Council Agenda Mission Statement The City of Mono Bay is dedicated to the preservation and enhancement of the quality of life. The City shall be committed to this purpose and will provide a leas of municipal service and safety consistent with and responsive to the needs of the public. REGULAR MEETING - OCTOBER 26, 1998 CLOSED SESSION - OCTOBER 26,1998 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 • MORRO BAY V. STATE WATER RESOURCES CONTROL BOARD, SAN LUIS OBISPO SUPERIOR COURT, [THE MATTER OF THE CITY OF • MORRO BAY'S CHORRO VALLEY WATER RIGHTS]. • STATUS REPORT ON ALL PENDING LITIGATION. THIS IS A REPORT ON STATUS AND NO ACTION MAY BE TAKEN ON ANY MATTER, NOT SPECIFICALLY LISTED. THE CITY COUNCIL MAY REQUEST A SPECIFIC MATTER BE AGENDIZED IN THE FUTURE FOR ACTION. CS-2 GOVERNMENT CODE SECTION 54956 8; REAL PROPERTY TRANSACTIONS. INSTRUCTING CITY'S REAL PROPERTY NEGOTIATOR REGARDING THE PRICE AND TERMS OF PAYMENT FOR THE PURCHASE, SALE, EXCHANGE, OR LEASE OF REAL PROPERTY AS TO ONE (1) PARCEL. PROPERTY: DEN DULK/KING PROPERTY NEGOTIATING PARTIES: JOHN KING AND CITY OF MORRO BAY NEGOTIATIONS: VOLUNTARY PURCHASE AND SALE iIT IS NOTED THAT THE CONTENTS OF CLOSED SESSION MEETINGS ARE CONFIDENTIAL AND EXEMPT FROM DISCLOSURE. • • r�L PUBLIC SESSION - OCTOBER 26, 1998 VETERANS MEMORIAL HALL - 6:00 P.M. 209 SURF ST., MORRO BAY, CA ESTABLISH QUORUM AND CALL TO ORDER PRAYER PLEDGE OF ALLEGIANCE THOUGHT FOR THE DAY MAYOR AND COUNCILMEMBERS ANNOUNCEMENTS & PRESENTATIONS CLOSED SESSION REPORT PUBLIC COMMENT PERIOD - Members of the audience wishing to address the Council on City business matters (other than Public Hearing items under Section B) may do so at this time. To increase the effectiveness of the Public Comment Period, the following rules shall be followed: • When recognized by the Mayor, please come forward to the podium and state your name and address for the record. Comments are to be limited to three minutes. • All remarks shall be addressed to Council, as a whole, and not to any individual member thereof. • No person shall be permitted to make slanderous, profane or personal remarks against any elected official, commission and/or staff. COUNCIL DECLARATION OF FUTURE AGENDA ITEMS ,t, . 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 CITY COUNCIL MEETING OF OCTOBER 12, 1998; (BAUER) RECOMMENDATION: Approve as submitted. A-2 STATEMENT OF CASH & INVESTMENTS - SEPTEMBER 1998; MOSER) RECOMMENDATION: Receive for information. • A-3 EXPENDITURE REPORT - SEPTEMBER 1998; (KOSER) RECOMMENDATION: Accept report as submitted. A-4 RESOLUTION NO. 96-98 IN SUPPORT OF THE COUNTY OF SAN LUIS OBISPO BOARD OF SUPERVISORS' APPLICATION FOR OFFICIAL SCENIC HIGHWAY STATUS FROM CALTRANS FOR HIGHWAY ONE IN DISTRICT TWO; (NAUMAN) RECOMMENDATION: Adopt Resolution No. 96-98. A-5 RESOLUTION NO. 98-98 APPROVING REQUEST TO TRANSFER CABLE FRANCHISE AGREEMENT TO PAUL G. ALLEN; (BOUCHER) - THIS ITEM HAS BEEN PULLED FROM THE AGENDA. A-6 RESOLUTION NO. 97-98 APPROVING DEPARTMENT OF TRANSPORTATION AGREEMENT FOR CAPITAL ASSISTANCE GRANT TO PURCHASE TWO DIAL -A -RIDE VEHICLES AND ONE ADA ACCESSIBLE TROLLEY; (BOUCHER) RECOMMENDATION: Adopt Resolution No. 97-98. • A-7 AWARD OF CONTRACT FOR BID PROPOSAL FOR DIGESTER SAND- BLASTING & COATING: PW 16-98; (BOUCHER) RECOMMENDATION: Award the project contract to Corrpro Companies, Inc. at the total contract price of $28,840. A-8 AWARD OF CONTRACT FOR FINE CUT FLAIL MOWER: RP 99-03; (LUEKER) RECOMMENDATION: Award the bid for purchase of a new fine-cut flail mower to Cal -Coast Machinery, Inc. A-9 UPDATED STATUS AND REVIEW OF EMERGENCY CONDITIONS OF ATASCADERO ROAD SEWER TRUNK LINE REPLACEMENT; (BOUCHER) RECOMMENDATION: Determine by 4/5th vote the need to continue emergency action regarding replacement of the jointly -owned sewer trunk line pursuant to Section 22050 of the Public Contract Code. A-10 PROCLAMATION DECLARING RED RIBBON WEEK; (BAUER) • RECOMMENDATION: Adopt proclamation. 3 • B. PUBLIC HEARINGS, REPORTS & APPEARANCES B-1 ORDINANCE NO. 473 REQUESTING TIME EXTENSION OF INTERIM ORDINANCE NO. 464 - PROHIBITING ISSUANCE OF PERMITS FOR TWO- STORY CONSTRUCTION AND THE PLACEMENT OF CERTAIN MANUFACTURED HOMES IN THE BEACH TRACTS; (NAUMAN) RECOMMENDATION: Adopt Ordinance No. 473. B-2 RESOLUTION NO. 101-98 APPROVING CLAIMS SETTLEMENT AMOUNT; AND ORDINANCE NO. 474 AMENDING CHAPTER 3.12 OF THE MORRO BAY MUNICIPAL CODE PROVIDING FOR A UNIFORM CLAIMS PRESENTATION PERIOD FOR CLAIMS AGAINST THE CITY OF MORRO BAY - (FIRST READING/INTRODUCTION); (SCHULTZ) RECOMMENDATION: Adopt Resolution No. 101-98, and approve first reading and introduction of Ordinance No. 474. [a] C-1 STATUS REPORT ON ONE YEAR REVIEW OF REGIONAL URBAN • DESIGN ASSISTANCE TEAM (RUDAT) REPORT; (NAUMAN) - THIS ITEM HAS BEEN PULLED FROM THE AGENDA, C-2 RESOLUTION NO. 100-98 AMENDING THE OPERATING AND CAPITAL IMPROVEMENT BUDGETS AND MAKING SUPPLEMENTAL APPROPRIATIONS FOR FISCAL YEAR 1997/98; (KOSER) RECOMMENDATION: Adopt Resolution No. 100-98. C-3 RESOLUTION NO. 99-98 AUTHORIZING REMOVAL OF STOP SIGNS ON MORRO BAY BOULEVARD AT SHASTA AND MONTEREY STREETS; (PETERS) RECOMMENDATION: Adopt Resolution No. 99-98. D. NEW BUSINESS - NONE. n U IN THIS AGENDA IS SUBJECT TO AMENDMENT UP TO 72 HOURS PRIOR TO THE DATE AND TIME, SET FOR THE MEETING. PLEASE REFER TO THE AGENDA POSTED AT CITY HALL FOR ANY REVISIONS OR CALL THE CLERK'S OFFICE AT 772-6200 FOR FURTHER INFORMATION. COPIES OF STAFF REPORTS OR OTHER PUBLIC DOCUMENTATION RELATING TO EACH ITEM OF BUSINESS REFERRED TO ON THIS AGENDA ARE ON FILE IN THE OFFICE OF THE CITY CLERK AND • AVAILABLE FOR PUBLIC INSPECTION AND REPRODUCTION AT COST AT CITY HALL, LIBRARY, AND MILLS STATIONERY. • IN COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT, IF YOU NEED SPECIAL ASSISTANCE TO PARTICIPATE IN A CITY MEETING, PLEASE CONTACT THE CITY CLERK'S OFFICE AT LEAST 24 HOURS PRIOR TO THE MEETING TO INSURE THAT REASONABLE ARRANGEMENTS CAN BE MADE TO PROVIDE ACCESSIBILITY TO THE MEETING. 5 MINUTES - MORRO BAY CITY COUNCIL CLOSED SESSION - OCTOBER 26, 1998 CITY HALL CONFERENCE ROOM - 5:00 P.M. Mayor Novak called the meeting to order at 5:00 p.m. PRESENT: Cathy Novak Mayor Rodger Anderson Councilmember Dave Elliott Councilmember William Peirce Councilmember Janice Peters Councilmember STAFF: David Cole City Manager David Hunt Special Counsel Robert Schultz City Attorney Rick Algert Harbor Director Shauna Nauman Interim Planning & Building Director CLOSED SESSION MOTION: Councilmember Peirce moved the meeting be adjourned to Closed Session. The motion was seconded by Councilmember Peters and • unanimously carried. (5-0) Mayor Novak read the Closed Session statement. CS-1 GOVERNMENT CODE SECTION 54956.9(A); CONFERENCE WITH LEGAL COUNSEL REGARDING PENDING LITIGATION • MORRO BAY V. STATE WATER RESOURCES CONTROL BOARD, SAN LUIS OBISPO SUPERIOR COURT, [THE MATTER OF THE CITY OF MORRO BAY'S CHORRO VALLEY WATER RIGHTS]. • STATUS REPORT ON ALL PENDING LITIGATION. THIS IS A REPORT ON STATUS AND NO ACTION MAY BE TAKEN ON ANY MATTER NOT SPECIFICALLY LISTED. THE CITY COUNCIL MAY REQUEST A SPECIFIC MATTER BE AGENDIZED IN THE FUTURE FOR ACTION. CS-2 GOVERNMENT CODE SECTION 54956.8; REAL PROPERTY TRANSACTIONS. INSTRUCTING CITY'S REAL PROPERTY NEGOTIATOR REGARDING THE PRICE AND TERMS OF PAYMENT FOR THE PURCHASE, SALE, EXCHANGE, OR LEASE OF REAL PROPERTY AS TO ONE (1) PARCEL. PROPERTY: DEN DULK/KING PROPERTY • NEGOTIATING PARTIES: JOHN KING 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 5:54 p.m. MOTION: Councilmember Peters moved the meeting be adjourned. The motion was seconded by Councilmember Elliott and unanimously carried. (5-0) The meeting adjourned at 5:54 p.m. MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - OCTOBER 26, 1998 VETERANS MEMORIAL HALL - 6:00 P.M. Mayor Novak called the meeting to order at 6:00 p.m PRESENT: Cathy Novak Mayor Rodger Anderson Councilmember Dave Elliott Councilmember William Peirce Councilmember is Janice Peters Councilmember STAFF: David Cole Robert Schultz Bridgett Bauer Rick Algert Janeen Burlingame Jeff Jones Bruce Keogh Jim Koser Joe Loven Andrea Lueker Shauna Nauman City Manager City Attorney City Clerk Harbor Director Administrative Assistant Fire Chief WWTP Superintendent Finance Director Police Chief Recreation & Parks Director Interim Planning & Building Director ESTABLISH QUORUM AND CALL TO ORDER PRAYER PLEDGE OF ALLEGIANCE THOUGHT FOR THE DAY MAYOR'S REPORTS & ANNOUNCEMENTS CLOSED SESSION REPORT - No action was taken. • 2 • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - OCTOBER 26, 1998 Roger Ewing said his previously recommended Downtown Beat Cop could be represented by an officer on bicycle. He also expressed his support for the removal of the stop signs on Morro Bay Boulevard. Mike Anderson expressed his support for Dial -A -Ride and the services it offers. As a previous bus driver, he offered to drive a bus for people to attend City Council meetings. Lynda Merrill stated Morro Bay's citizens are the best ambassadors to bring tourists to Morro Bay. She also expressed support for the removal of the stop signs on Morro Bay Boulevard. Nelson Sullivan addressed a complaint he has made regarding a conversion of an office to a suite at the Inn at Morro Bay without permits. Mayor Novak closed the public comment period. is DECLARATION OF FUTURE AGENDA ITEMS - Councilmember Elliott requested discussion on: 1) a City newsletter prepared by himself and Councilmember Peirce regarding informational City issues to be mailed to the public; and 2) consideration of volunteer assistance on trash pick-up and pothole patching in the streets of Morro Bay. Unless an item is pulled for separate action by the City Council, the following actions are approved without discussion. A-1 APPROVAL OF MINUTES FOR THE REGULAR CITY COUNCIL MEETING OF OCTOBER 12, 1998; (BAUER) RECOMMENDATION: Approve as submitted. A-2 STATEMENT OF CASH & INVESTMENTS - SEPTEMBER 1998; (KOSER) RECOMMENDATION: Receive for information. A-3 EXPENDITURE REPORT - SEPTEMBER 1998; (KOSER) • RECOMMENDATION: Accept report as submitted. 7 • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - OCTOBER 26, 1998 A-4 RESOLUTION NO. 96-98 IN SUPPORT OF THE COUNTY OF SAN LUIS OBISPO BOARD OF SUPERVISORS' APPLICATION FOR OFFICIAL SCENIC HIGHWAY STATUS FROM CALTRANS FOR HIGHWAY ONE IN DISTRICT TWO; (NAUMAN) RECOMMENDATION: Adopt Resolution No. 96-98. A-5 RESOLUTION NO. 98-98 APPROVING REQUEST TO TRANSFER CABLE FRANCHISE AGREEMENT TO PAUL G. ALLEN; (BOUCHER) - THIS ITEM HAS BEEN PULLED FROM THE AGENDA. A-6 RESOLUTION NO. 97-98 APPROVING DEPARTMENT OF TRANSPORTATION AGREEMENT FOR CAPITAL ASSISTANCE GRANT TO PURCHASE TWO DIAL -A -RIDE VEHICLES AND ONE ADA ACCESSIBLE TROLLEY; (BOUCHER) RECOMMENDATION: Adopt Resolution No. 97-98. • A-7 AWARD OF CONTRACT FOR BID PROPOSAL FOR DIGESTER SAND- BLASTING & COATING: PW 16-98; (BOUCHER) RECOMMENDATION: Award the project contract to Corrpro Companies, Inc. at the total contract price of $28,840. A-8 AWARD OF CONTRACT FOR FINE CUT FLAIL MOWER: RP 99-03; (LUEKER) RECOMMENDATION: Award the bid for purchase of a new fine-cut flail mower to Cal -Coast Machinery, Inc. A-9 UPDATED STATUS AND REVIEW OF EMERGENCY CONDITIONS OF ATASCADERO ROAD SEWER TRUNK LINE REPLACEMENT; (BOUCHER) RECOMMENDATION: Determine by 4/5th vote the need to continue emergency action regarding replacement of the jointly -owned sewer trunk line pursuant to Section 22050 of the Public Contract Code. A-10 PROCLAMATION DECLARING RED RIBBON WEEK; (BAUER) • RECOMMENDATION: Adopt proclamation. E • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - OCTOBER 26, 1998 Councilmember Peters pulled Item A-3 from the Consent Calendar; Councilmember Peirce pulled Items A-4 and A-6; Mayor Novak pulled Item A-8; and Councilmember Anderson pulled Items A-9 and A-10. MOTION: Councilmember Peters moved the City Council approve Items A-1, A-2, and A-7 of the Consent Calendar. The motion was seconded by Councilmember Elliott and carried unanimously. (5-0) A-3 EXPENDITURE REPORT - SEPTEMBER 1998; (KOSER) Councilmember Peters reviewed the City's credit card charges for public information. MOTION: Councilmember Peters moved the City Council approve Item A-3 of the Consent Calendar. The motion was seconded by Councilmember Anderson and carried unanimously. (5-0) A-4 RESOLUTION NO. 96-98 IN SUPPORT OF THE COUNTY OF SAN LUIS OBISPO BOARD OF SUPERVISORS' APPLICATION FOR OFFICIAL isSCENIC HIGHWAY STATUS FROM CALTRANS FOR HIGHWAY ONE IN DISTRICT TWO; (NAUMAN) Councilmember Peirce asked if this finalizes this process. Interim Planning and Building Director Shauna Nauman responded this completes the application package. MOTION: Councilmember Peirce moved the City Council approve Item A-4 of the Consent Calendar. The motion was seconded by Councilmember Peters and carried unanimously. (5-0) A-6 RESOLUTION NO. 97-98 APPROVING DEPARTMENT OF TRANSPORTATION AGREEMENT FOR CAPITAL ASSISTANCE GRANT TO PURCHASE TWO DIAL -A -RIDE VEHICLES AND ONE ADA ACCESSIBLE TROLLEY; (BOUCHER) Councilmember Peirce asked if this completes the process for purchase of these vehicles. Administrative Assistant Janeen Burlingame responded that staff is ready to send out for bids to purchase the vehicles. MOTION: Councilmember Peirce moved the City Council approve Item A-6 of the Consent Calendar. The motion was seconded by Councilmember Elliott • and carried unanimously. (5-0) 5 • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - OCTOBER 26, 1998 A-8 AWARD OF CONTRACT FOR FINE CUT FLAIL MOWER: RP 99-03; (LUEKER) Mayor Novak requested clarification if this is a purchase or lease of the mower. Recreation & Parks Director Andrea Lueker responded it will be a purchase. MOTION: Councilmember Elliott moved the City Council approve Item A-8 of the Consent Calendar. The motion was seconded by Councilmember Peters and carried unanimously. (5-0) A-9 UPDATED STATUS AND REVIEW OF EMERGENCY CONDITIONS OF ATASCADERO ROAD SEWER TRUNK LINE REPLACEMENT; (BOUCHER) Councilmember Anderson requested staff review for public information. Ron McAlpin of North Coast Engineering responded the contract was awarded to R. Baker Construction in the amount of $212,130 for this project, and it will hopefully be completed by mid -December of this year. • MOTION: Councilmember Peirce moved the City Council approve Item A-9 of the Consent Calendar. The motion was seconded by Councilmember Anderson and carried unanimously. (5-0) A-10 PROCLAMATION DECLARING RED RIBBON WEEK; (BAUER) Councilmember Anderson reviewed the importance of "Red Ribbon Week" for public information. MOTION: Councilmember Anderson moved the City Council approve Item A-10 of the Consent Calendar. The motion was seconded by Councilmember Elliott and carried unanimously. (5-0) B-I ORDINANCE NO. 473 REQUESTING TIME EXTENSION OF INTERIM ORDINANCE NO. 464 - PROHIBITING ISSUANCE OF PERMITS FOR TWO- STORY CONSTRUCTION AND THE PLACEMENT OF CERTAIN MANUFACTURED HOMES IN THE BEACH TRACTS; (NAUMAN) • Interim Planning & Building Director Shauna Nauman reviewed Ordinance No. 473 which will extend Ordinance No. 464, an interim ordinance prohibiting two-story construction, 0 • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - OCTOBER 26, 1998 including roof decks, and the placement of certain manufactured housing on properties in the beach tracts. She stated State law allows for one additional one-year time extension of the interim ordinance, and recommended the City Council adopt Ordinance No. 473. Mayor Novak opened the hearing for public comment. Art Stansbury stated the height limit will cause the loss of privacy to neighboring houses. Mayor Novak closed the public comment hearing. MOTION: Councilmember Elliott moved the City Council adopt Ordinance No. 473 extending Ordinance No. 464, an interim ordinance prohibiting two-story construction, including roof decks, and the placement of certain manufactured housing on properties in the beach tracts. The motion was seconded by Councilmember Anderson and carried unanimously. (5-0) City Manager David Cole read Ordinance No. 473 by title and number only • B-2 RESOLUTION NO. 101-98 APPROVING CLAIMS SETTLEMENT AMOUNT; AND ORDINANCE NO. 474 AMENDING CHAPTER 3.12 OF THE MORRO BAY MUNICIPAL CODE PROVIDING FOR A UNIFORM CLAIMS PRESENTATION PERIOD FOR CLAIMS AGAINST THE CITY OF MORRO BAY - (FIRST READING/INTRODUCTION); (SCHULTZ) • City Attorney Robert Schultz reviewed the City's present claims settlement amount which has not changed for approximately ten years. He said certain sections of Morro Bay Municipal Code Section 3.12 were written in 1964 and are now obsolete. Mr. Schultz stated in order to facilitate the settlement of claims and/or the prompt rejection of claims against the City, it is recommended increasing the settlement amount to $20,000 for the City Manager and $5,000 for the adjuster. He said the adoption of Resolution No. 10 1 -98 and approval for first reading of Ordinance No. 474 will allow the City Manager the ability to reject claims filed against the City, and will remove the procedural requirement of presenting each and every claim to the City Council. Mayor Novak opened the hearing for public comment; there were no comments, and the public comment period was closed. The consensus of the City Council was in support of the recommended amendments to the City's claims settlement amount. 7 MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - OCTOBER 26, 1998 MOTION: Councilmember Peters moved the City Council approve Ordinance No. 474 for first reading and introduction amending Chapter 3.12 of the Morro Bay Municipal Code providing for a Uniform Claims Presentation Period for claims against the City of Morro Bay. The motion was seconded by Councilmember Elliott and carried unanimously. (5-0) City Manager David Cole read Ordinance No. 474 by title and number only. MOTION: Councilmember Peirce moved the City Council adopt Resolution No. 101- 98 rescinding Resolution No. 36-88 and authorizing the adjustment and settlement of claims against the City. The motion was seconded by Councilmember Elliott and carried unanimously. (5-0) C-1 STATUS REPORT ON ONE YEAR REVIEW OF REGIONAL URBAN DESIGN ASSISTANCE TEAM (RUDAT) REPORT; (NAUMAN) • This item was pulled from the agenda. C-2 RESOLUTION NO. 100-98 AMENDING THE OPERATING AND CAPITAL IMPROVEMENT BUDGETS AND MAKING SUPPLEMENTAL APPROPRIATIONS FOR FISCAL YEAR 1997/98; (KOSER) Finance Director Jim Koser reviewed a number of changes which have occurred since the City Council adopted the mid -year budget at their February 23, 1998 meeting that require further adjustments for revenues and expenditures. He stated staff has prepared a supplemental appropriation resolution along with a detailed attachment to the resolution showing all accounts impacted by this action. Mr. Koser recommended the City Council adopt Resolution No. 100-98 amending the Operating and Capital Improvement Budgets and making supplemental appropriations for fiscal year 1997/98. The City Council acknowledged this is money that was spent last year, and this is a matter of record keeping of expended funds as recommended by the City's auditor. MOTION: Councilmember Elliott moved the City Council adopt Resolution No. 100- 98 amending the Operating and Capital Improvement Budgets and making supplemental appropriations for fiscal year 1997/98. The motion was seconded by Councilmember Peters and carried unanimously. (5-0) • Mayor Novak called for a break at 7:40 p.m.; the meeting resumed at 7:50 p.m. E3 MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - OCTOBER 26, 1998 C-3 RESOLUTION NO. 99-98 AUTHORIZING REMOVAL OF STOP SIGNS ON MORRO BAY BOULEVARD AT SHASTA AND MONTEREY STREETS; (PETERS) Councilmember Peters stated since the City Council authorized the stop signs on Morro Bay Boulevard in 1997, she has received public comment that the signs are not as effective as hoped on either safety or business levels, and are generally seen as an inconvenience by residents. She recommended the City Council adopt Resolution No. 99-98 which authorizes the removal of the four stop signs on Morro Bay Boulevard at Shasta and Monterey Streets. Councilmember Elliott stated a traffic count study should be performed before the City Council makes a decision to remove the stop signs. Councilmember Anderson stated the stop signs were not only intended for vehicles but also for pedestrian safety. • Councilmember Peirce stated he did not support the placement of these stop signs in 1997, and noted the money spent on the signs should have been used for the beautification of the downtown area. Councilmember Peters stated a two block stop would create an easy flow of traffic. Mayor Novak stated the stop signs do allow for pedestrian ease of crossing Morro Bay Boulevard from the cross streets. She suggested the City Council direct staff to research the mechanics of performing a traffic count study and return to Council with this information including the cost. The City Council directed staff to further review the matter, and return to Council with the mechanics and costs related to a traffic count study. D. NEW BUSINESS - NONE. E. ADJOURNMENT - The meeting adjourned at 8:26 p.m. Recorded by: Bridgett B&r 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 consistmt with and responsive to the needs of the public. REGULAR MEETING - OCTOBER 12,1998 VETERANS MEMORIAL HALL - 6:00 P.M. 209 SURF STREET, MORRO BAY, CA ESTABLISH QUORUM AND CALL TO ORDER PRAYER PLEDGE OF ALLEGIANCE THOUGHT FOR THE DAY MAYOR AND COUNCILMEMBERS ANNOUNCEMENTS & PRESENTATIONS CLOSED SESSION REPORT PUBLIC COMMENT PERIOD - Members of the audience wishing to address the Council on City business matters (other than Public Hearing items under Section B) may • do so at this time. To increase the effectiveness of the Public Comment Period, the following rules shall be followed: • When recognized by the Mayor, please come forward to the podium and state your name and address for the record. Comments are to be limited to three minutes. • All remarks shall be addressed to Council, as a whole, and not to any individual member thereof. • No person shall be permitted to make slanderous, profane or personal remarks against any elected official, commission and/or staff. COUNCIL DECLARATION OF FUTURE AGENDA ITEMS A. CONSENT CALENDAR Unless an item is pulled for separate action by the City Council, the following actions are approved without discussion. A-1 APPROVAL OF MINUTES FOR THE REGULAR CITY COUNCIL MEETINGS OF SEPTEMBER 14, 1998 AND SEPTEMBER 28, 1998; • (BAUER) RECOMMENDATION: Approve as submitted. • A-2 RESOLUTION NO. 91-98 RATIFYING AMENDMENTS TO SLOCOG JOINT POWERS AGREEMENT; (BOUCHER) RECOMMENDATION: Adopt Resolution No. 91-98. A-3 RESOLUTION NO. 92-98 RATIFYING AMENDMENTS TO SLORTA JOINT POWERS AGREEMENT; (BOUCHER) RECOMMENDATION: Adopt Resolution No. 92-98. A-4 STATUS REPORT ON MEASURES TAKEN RELATING TO ORDINANCE NO. 464 PROHIBITING THE ISSUANCE OF PERMITS FOR TWO-STORY CONSTRUCTION AND PLACEMENT OF CERTAIN MANUFACTURED HOMES IN THE BEACH TRACT; (NAUMAN) RECOMMENDATION: Issue the written report required by State law in preparation of receiving a time extension request for Ordinance No. 464 to be heard on October 26, 1998. A-5 RESOLUTION NO. 94-98 APPROVING LICENSE AGREEMENT WITH • DUKE ENERGY FOR CITY USE OF STORAGE BUILDING LOCATED ON MORRO BAY POWER PLANT PROPERTY; (ALGERT) RECOMMENDATION: Adopt Resolution No. 94-98. A-6 RESOLUTION NO. 93-98 AUTHORIZING THE MORRO BAY POLICE DEPARTMENT TO PARTICIPATE IN A MULTI -AGENCY DRIVING UNDER THE INFLUENCE ENFORCEMENT TASK FORCE AND EDUCATIONAL GRANT; (LOVEN) RECOMMENDATION: Adopt Resolution No. 93-98. A-7 APPROVAL OF ALTERATION TO CHANNEL 54 INSERTION POINT EQUIPMENT PACKAGE FROM CHARTER COMMUNICATIONS; (BOUCHER) RECOMMENDATION: Approve the alteration to the insertion point equipment package that is to be provided by Charter Communications pursuant to Section 3.1.2 of the Change of Control and Transfer of Ownership Agreement. • B. PUBLIC HEARINGS REPORTS & APPEARANCE - NONE. 2 • C. UNFINISHED BUSINESS C-1 CONSIDERATION OF SUSTAINABLE TRANSIT SERVICE STUDY; (BOUCHER) RECOMMENDATION: Concur with the transit consultant's recommendations; and, acknowledge and accept that transit service in the City will likely require a small General Fund subsidy each year in order to provide existing levels of service to transit dependent citizens of Morro Bay. D. NEW BUSINESS D-1 PRESENTATION BY USCG WITH YEAR-END STATISTICS AND HIGHLIGHTS OF OPERATIONS; (ALGERT) RECOMMENDATION: Receive presentation by United States Coast Guard. D-2 RESOLUTION NO. 95-98 DECLARING EMERGENCY CONDITIONS ON THE JOINTLY -OWNED 18" SEWER TRUNK LINE ON ATASCADERO ROAD; (BOUCHER) • RECOMMENDATION: Adopt Resolution No. 95-98 with the following findings: 1) declaring a public health and safety emergency condition; 2) authorizing and directing that the sewer trunk line be replaced with a 27" pipeline; and 3) allocating appropriate funds from the Wastewater Revenue Fund reserves. D-3 REQUEST TO AGENDIZE DISCUSSION ON THE STOP SIGNS LOCATED ON MORRO BAY BOULEVARD; (PETERS) RECOMMENDATION: Consider and agendize for future discussion. THIS AGENDA IS SUBJECT TO AMENDMENT UP TO 72 HOURS PRIOR TO THE DATE AND TIME SET FOR THE MEETING. PLEASE REFER TO THE AGENDA POSTED AT CITY HALL FOR ANY REVISIONS OR CALL THE CLERK'S OFFICE AT 772-6200 FOR FURTHER INFORMATION. COPIES OF STAFF REPORTS OR OTHER PUBLIC DOCUMENTATION RELATING TO EACH ITEM OF BUSINESS REFERRED TO ON THIS AGENDA ARE ON FILE IN THE OFFICE OF THE CITY CLERK AND AVAILABLE FOR PUBLIC INSPECTION AND REPRODUCTION AT COST AT CITY HALL, LIBRARY, AND MILLS STATIONERY. IN COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT, IF YOU NEED SPECIAL • ASSISTANCE TO PARTICIPATE IN A CITY MEETING, PLEASE CONTACT THE CITY CLERK'S OFFICE AT LEAST 24 HOURS PRIOR TO THE MEETING TO INSURE THAT REASONABLE ARRANGEMENTS CAN BE MADE TO PROVIDE ACCESSIBILITY TO THE MEETING. 3 • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - OCTOBER 12, 1998 VETERANS MEMORIAL HALL - 6:00 P.M. • 0 Mayor Novak called the meeting to order at 6:00 p.m PRESENT: Cathy Novak Mayor Rodger Anderson Councilmember Dave Elliott Councilmember William Peirce Councilmember Janice Peters Councilmember STAFF: David Cole Robert Schultz Bridgett Bauer Rick Algert Bill Boucher Janeen Burlingame Joe Loven Andrea Lueker Shauna Nauman Steve Sylvester City Manager City Attorney City Clerk Harbor Director Public Works Director Administrative Assistant Police Chief Recreation & Parks Director Acting Planning & Building Director City Engineer ESTABLISH QUORUM AND CALL TO ORDER PRAYER PLEDGE OF ALLEGIANCE THOUGHT FOR THE DAY MAYOR'S REPORTS & ANNOUNCEMENTS CLOSED SESSION REPORT - None. RICO •uu _ 1 Colby Crotzer commented on what a pleasure it was to go on the trolley tour of the City's public parks, and stated Del Mar Park is especially beautiful at this time. Grace Melton stated the Liberty Tree Planting at Tidelands Park was a great success. Wally McCray stated there is a signed contract between the Morro Bay National Estuary Program, the Bay Foundation of Morro Bay and the Friends of the Estuary for a native landscaping plan. He also acknowledged those who are involved in this plan. • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - OCTOBER 12, 1998 ffw Unless an item is pulled for separate action by the City Council, the following actions are approved without discussion. A-1 APPROVAL OF MINUTES FOR THE REGULAR CITY COUNCIL MEETINGS OF SEPTEMBER 14, 1998 AND SEPTEMBER 28, 1998; (BAUER) RECOMMENDATION: Approve as submitted. A-2 RESOLUTION NO. 91-98 RATIFYING AMENDMENTS TO SLOCOG JOINT POWERS AGREEMENT; (BOUCHER) RECOMMENDATION: Adopt Resolution No. 91-98. A-3 RESOLUTION NO. 92-98 RATIFYING AMENDMENTS TO SLORTA JOINT • POWERS AGREEMENT; (BOUCHER) RECOMMENDATION: Adopt Resolution No. 92-98. A-4 STATUS REPORT ON MEASURES TAKEN RELATING TO ORDINANCE NO. 464 PROHIBITING THE ISSUANCE OF PERMITS FOR TWO-STORY CONSTRUCTION AND PLACEMENT OF CERTAIN MANUFACTURED HOMES IN THE BEACH TRACT; (NAUMAN) RECOMMENDATION: Issue the written report required by State law in preparation of receiving a time extension request for Ordinance No. 464 to be heard on October 26, 1998. A-5 RESOLUTION NO. 94-98 APPROVING LICENSE AGREEMENT WITH DUKE ENERGY FOR CITY USE OF STORAGE BUILDING LOCATED ON MORRO BAY POWER PLANT PROPERTY; (ALGERT) RECOMMENDATION: Adopt Resolution No. 94-98. • 2 • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - OCTOBER 12, 1998 A-6 RESOLUTION NO. 93-98 AUTHORIZING THE MORRO BAY POLICE DEPARTMENT TO PARTICIPATE IN A MULTI -AGENCY DRIVING UNDER THE INFLUENCE ENFORCEMENT TASK FORCE AND EDUCATIONAL GRANT; (LOVEN) RECOMMENDATION: Adopt Resolution No. 93-98. A-7 APPROVAL OF ALTERATION TO CHANNEL 54 INSERTION POINT EQUIPMENT PACKAGE FROM CHARTER COMMUNICATIONS; (BOUCHER) RECOMMENDATION: Approve the alteration to the insertion point equipment package that is to be provided by Charter Communications pursuant to Section 3.1.2 of the Change of Control and Transfer of Ownership Agreement. • Mayor Novak pulled Item A-1 from the Consent Calendar; and Councilmember Anderson pulled Items A-4, A-5, and A-6. • MOTION: Councilmember Peters moved the City Council approve the Consent Calendar with the exception of Items A-1, A-4, A-5, and A-6. The motion was seconded by Councilmember Peirce and carried unanimously. (5-0) A-1 APPROVAL OF MINUTES FOR THE REGULAR CITY COUNCIL MEETINGS OF SEPTEMBER 14, 1998 AND SEPTEMBER 28, 1998; (BAUER) Mayor Novak stated a correction has been made to the minutes of September 28, 1998 on page 2 stating Colby Crotzer's comment should read: "He said the upcoming Candidates Forum sponsored by the Chamber of Commerce should not qualify to be aired on Channel 54 according to the City's policies and guidelines. MOTION: Councilmember Peirce moved the City Council approve Item A-1 of the Consent Calendar as amended. The motion was seconded by Councilmember Anderson and carried unanimously. (5-0) 3 • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - OCTOBER 12, 1998 A-4 STATUS REPORT ON MEASURES TAKEN RELATING TO ORDINANCE NO. 464 PROHIBITING THE ISSUANCE OF PERMITS FOR TWO-STORY CONSTRUCTION AND PLACEMENT OF CERTAIN MANUFACTURED HOMES IN THE BEACH TRACT; (NAUMAN) Councilmember Anderson requested staff clarification on this item for public information. MOTION: Councilmember Anderson moved the City Council approve Item A-4 of the Consent Calendar. The motion was seconded by Councilmember Peirce and carried unanimously. (5-0) A-5 RESOLUTION NO. 94-98 APPROVING LICENSE AGREEMENT WITH DUKE ENERGY FOR CITY USE OF STORAGE BUILDING LOCATED ON MORRO BAY POWER PLANT PROPERTY; (ALGERT) • Councilmember Anderson requested staff clarification on this item for public information. MOTION: Councilmember Anderson moved the City Council approve Item A-5 of the Consent Calendar. The motion was seconded by Councilmember Peters and carried unanimously. (5-0) A-6 RESOLUTION NO. 93-98 AUTHORIZING THE MORRO BAY POLICE DEPARTMENT TO PARTICIPATE IN A MULTI -AGENCY DRIVING UNDER THE INFLUENCE ENFORCEMENT TASK FORCE AND EDUCATIONAL GRANT; (LOVEN) Councilmember Anderson requested staff clarification on this item for public information. MOTION: Councilmember Anderson moved the City Council approve Item A-6 of the Consent Calendar. The motion was seconded by Councilmember Peters and carried unanimously. (5-0) Mayor Novak requested the City Council take the agenda out of order to hear Item D-1 next; Council concurred. REPORTSI;- B. PUBLIC HEARINGS. & APPEARANCES 0 • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - OCTOBER 12, 1998 C-1 CONSIDERATION OF SUSTAINABLE TRANSIT SERVICE STUDY; (BOUCHER) Administrative Assistant Janeen Burlingame stated at the April 28, 1997 City Council meeting, Council took the following action: 1) rejected bids for Request for Proposals to operate and manage Morro Bay Dial -a -Ride (MBDAR); 2) authorized the preparation of a study to assess sustainable transit service for Morro Bay; and 3) approved a one year extension of the MBDAR Operations Management Agreement until the study was completed. She said the City received a grant from the San Luis Obispo Council of Governments to fund the study and put out a Request for Proposal in the fall of 1997 to select a transit consultant to perform the study, and selected James Brown and Associates in November 1997 to perform the study. James E. Brown, consultant, made a presentation of the study which included an • assessment of sustainable service and funding alternatives for transit service within the City limits, and also evaluating options for reducing service costs which would include the possibility of consolidation of or sharing functions with South Bay Dial -a -Ride. He reviewed alternate options, findings and recommendations for transit service in the City of Morro Bay. Councilmember Peters stated she would like to continue this item and reagendize it as a public hearing in order to receive public testimony, and also she would like staff to receive input from the school district regarding the needs of public transportation for school children. Councilmember Peters stated she would like Dial -A -Ride to be available to transport citizens to City Council meetings. Mayor Novak stated she supports continuing this item to a public hearing to receive further options. Councilmember Anderson stated he supports continuing this issue in order to receive more information. Councilmember Elliott stated a minority of citizens use Dial -A -Ride, and if an increase of fares is imposed, it should be paid by the riders and not by the government. He recommended a notice be sent out with the water bills notifying citizens of the public hearing on this item. • 5 • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - OCTOBER 12, 1998 Councilmember Peirce recommended the following: 1) consideration of a senior citizen pass to ride Dial -A -Ride; 2) advertising on the outside of the Dial -A -Ride buses; 3) expanding the trolley route; and 4) providing a day pass to ride the trolley. MOTION: Councilmember Peters moved the City Council accept the Sustainable Transit Service Study report, and direct staff to reagendize this item as a public hearing to receive public input and further information. The motion was seconded by Councilmember Elliott and carried unanimously. (5-0) Mayor Novak called for a break at 7:35 p.m.; the meeting resumed at 7:53 p.m. �Z_ D-1 PRESENTATION BY USCG WITH YEAR-END STATISTICS AND HIGHLIGHTS OF OPERATIONS; (ALGERT) • Chief Ben Brown of the Coast Guard Station Morro Bay made a presentation to the City Council which included: 1) an annual report on the Coast Guard Station Morro Bay Search & Rescue activities; 2) a review of current Coast Guard issues and programs; and 3) future plans for the Coast Guard Station Morro Bay. This was an informational item, and no action was taken. D-2 RESOLUTION NO. 95-98 DECLARING EMERGENCY CONDITIONS ON THE JOINTLY -OWNED 18" SEWER TRUNK LINE ON ATASCADERO ROAD; (BOUCHER) Public Works Director Bill Boucher reported it has been found that the jointly -owned sewer trunk line along Atascadero Road is badly misaligned and without complete mitigation of the problem prior to the onset of the rainy season, failure of the line could result in the spilling of more than one million gallons per day of untreated sewage in the area which drains directly to Morro Creek and the Pacific Ocean, an environmental and public health hazard of potentially catastrophic nature. He said completing the work under a declaration of emergency is the only feasible means to correct the problem in a timely manner. Mr. Boucher recommended the City Council adopt Resolution No. 95-98 with the following findings: 1) declaring a public health and safety emergency condition; 2) authorizing and directing that the sewer trunk line be replaced with a 27" pipeline; and 3) allocating appropriate funds from the Wastewater Revenue Fund reserves. • R • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - OCTOBER 12, 1998 Dave Phillips, General Manager of the Cayucos Sanitary District (CSD), stated he will recommend immediate repair of the sewer line to the CSD board at their meeting next week. The consensus of the City Council was in support of immediate repair to this sewer trunk line. MOTION: Councilmember Peirce moved the City Council adopt Resolution No. 95- 98 declaring a public health and safety emergency, authorizing and directing the installation of a 27" replacement pipeline and allocating funds from the Wastewater Revenue Fund reserves for this purpose. The motion was seconded by Councilmember Elliott and carried unanimously. (5-0) D-3 REQUEST TO AGENDIZE DISCUSSION ON THE STOP SIGNS LOCATED ON MORRO BAY BOULEVARD; (PETERS) • Councilmember Peters stated she has learned that several downtown business owners and their employees would prefer not to have so many stop signs on Mono Bay Boulevard. She said two main concerns are: 1) many people, tourists and residents don't stop, causing more risk than if there were no signs; and 2) to avoid the frequent stops, residents now travel primarily down Harbor and up Pacific Streets, in effect creating a "city loop" which defeats the purpose of the signs in the first place, that of making people more aware of the downtown shops. Councilmember Peters requested the City Council place this issue on a future agenda for further discussion. The City Council agreed to agendize this matter for a future City Council meeting. The meeting adjourned at 8:41 p.m. Recorded by: Bridgett Bauer • City Clerk 7 7 City of Morro Bay City Council Agenda Mission Statement The City of Morro Bay is dedicated to the preservation and enhancement of the quality of Gfe. The City shall be committed to this purpose and will provide a level of municipal service and safety consistent zWth and responsive to the needs of the public. REGULAR MEETING - SEPTEMBER 28, 1998 VETERANS MEMORIAL HALL - 6:00 P.M. 209 SURF ST., MORRO BAY, CA ESTABLISH QUORUM AND CALL TO ORDER PRAYER PLEDGE OF ALLEGIANCE THOUGHT FOR THE DAY MAYOR AND COUNCILMEMBERS ANNOUNCEMENTS & PRESENTATIONS CLOSED SESSION REPORT • PUBLIC COMMENT PERIOD - Members of the audience wishing to address the Council on City business matters (other than Public Hearing items under Section B) may do so at this time. To increase the effectiveness of the Public Comment Period, the following rules shall be followed: • When recognized by the Mayor, please come forward to the podium and state - your name and address for the record. Comments are to be limited to three minutes. • All remarks shall be addressed to Council, as a whole, and not to any individual member thereof. • No person shall be permitted to make slanderous, profane or personal remarks against any elected official, commission and/or staff. Unless an item is pulled for separate action by the City Council, the following actions are • approved without discussion. A-1 APPROVAL OF MINUTES FOR THE REGULAR CITY COUNCIL MEETING • OF SEPTEMBER 14, 1998; (BAUER) RECOMMENDATION: This item has been pulled from the agenda. A-2 STATEMENT OF CASH & INVESTMENTS - AUGUST 1998; (KOSER) RECOMMENDATION: Receive for information. A-3 EXPENDITURE REPORT - AUGUST 1998; (KOSER) RECOMMENDATION: Approve as submitted. A-4 RESOLUTION NO. 87-98 APPROVING CLAIMS SETTLEMENT AMOUNT; (SCHULTZ) RECOMMENDATION: This item has been pulled from the agenda. A-5 REQUEST FOR FEE WAIVER FOR LEAGUE OF WOMEN VOTERS CANDIDATE FORUM; (LUEKER) RECOMMENDATION: Waive rental fee for the League of Women Voters • Candidates Night scheduled for Thursday, September 24, 1998. A-6 REPORT ON MORRO BAY DIAL -A -RIDE TRIENNIAL PERFORMANCE AUDIT FOR FISCAL YEAR 1994/95 THROUGH 1996/97; (BOUCHER) RECOMMENDATION: Receive for information. A-7 APPROVAL OF CHANNEL 54 GUIDELINES FOR ACKNOWLEDGING CONTRIBUTORS; (BOUCHER) RECOMMENDATION: Accept the proposed Channel 54 guidelines from the Friends of 54 for fund-raising activities and acknowledgment of contributors. A-8 RESOLUTION NO. 88-98 AMENDING ROANDOAK WATER RIGHTS AGREEMENT; (ALGERT) RECOMMENDATION: Adopt Resolution No. 88-98. A-9 RESOLUTION NO. 89-98 AMENDING LEASE AGREEMENT FOR LEASE SITE 62-62W: KAYAK HORIZONS; (ALGERT) RECOMMENDATION: Adopt Resolution No. 89-98. • 2 • A-10 REPORT ON MORRO BAY STATE ESTUARY AND WATERSHED MANAGEMENT PLAN; (NOVAK) RECOMMENDATION: Receive the Plan for information; direct staff to place for discussion at a Harbor Advisory Board meeting. A-11 REJECTION OF CLAIM AGAINST THE CITY: REEB; (DAVIS) RECOMMENDATION: Reject claim filed against the City. A-12 RESOLUTION NO. 90-98 AMENDING CATASTROPHIC LEAVE POLICY; (DAVIS) ADDED AFTER TENTATIVE AGENDA WAS PUBLISHED RECOMMENDATION: Adopt Resolution No. 90-98 B. PUBLIC HEARINGS, REPORTS & APPEARANCES B-1 APPEAL OF PLANNING COMMISSION DECISION TO UPHOLD THE PLANNING DIRECTOR'S APPROVAL OF AN ADMINISTRATIVE COASTAL PERMIT (CDP 35-98A) FOR THE CONSTRUCTION OF A NEW SINGLE FAMILY RESIDENCE LOCATED AT 553 MIMOSA STREET; • (NAUMAN) RECOMMENDATION: Deny the appeal, and uphold the Planning Commission's approval of this project. • B-2 APPEAL OF PLANNING COMMISSION'S CONDITIONAL APPROVAL OF A CONDITIONAL USE PERMIT AND COASTAL DEVELOPMENT PERMIT (CUP 22-97/CDP 67-97R) TO ALLOW THE CONSTRUCTION OF A 4-UNIT APARTMENT COMPLEX CONSISTING OF 3 ATTACHED AND 1 DETACHED UNIT LOCATED AT 570 MIMOSA STREET; (NAUMAN) RECOMMENDATION: Deny the appeal, and uphold the Planning Commission's approval of this project. B-3 PUBLIC HEARING ON CITIZEN'S OPTION FOR PUBLIC SAFETY (COPS) FUNDING; (COLE) RECOMMENDATION: Approve the Police Department request to expend revenues from the state COPS Program on those items that benefit the appropriate "front line" police services and crime prevention programs. 9 C. UNFINISHED BUSINESS • C-1 FOLLOW-UP ON REGIONAL URBAN DESIGN ASSISTANCE TEAM (RUDAT) REPORT; (NAUMAN) RECOMMENDATION: This item has been pulled from the agenda. D. NEW BUSINESS D-1 REPORT ON PRELIMINARY INFRASTRUCTURE REHABILITATION PROGRAM TIMETABLE; (BOUCHER) RECOMMENDATION: Direct staff to incorporate the staffing resources required for the Infrastructure Rehabilitation Program into the staff reorganization plan currently underway D-2 REQUEST TO AGENDIZE THE DISCUSSION OF A GENERAL PLAN AMENDMENT TO THE CITY'S ZONING ORDINANCE RELATING TO COMMERCIAL RETAIL SHOPPING CENTERS THAT REGULATE FLOOR AREA DEVOTED TO NON-TAXABLE SALES IN STORES EXCEEDING 90,000 SQUARE FEET; (NOVAK) • RECOMMENDATION: Agendize for future City Council meeting. D-3 ACCEPT RESIGNATION OF PLANNING COMMISSIONER APRIL FORD, AND CONSIDERATION OF FILLING VACANCY ON PLANNING COMMISSION; (ADMIN) RECOMMENDATION: Accept the resignation of Planning Commissioner April Ford. Advertise the opening for Planning Commissioner, accept applications and set an interview date to fill the vacancy. 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. L! • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - SEPTEMBER 28, 1998 VETERANS MEMORIAL HALL - 6:00 P.M. Mayor Novak called the meeting to order at 6:00 p.m PRESENT: Cathy Novak Mayor Rodger Anderson Councilmember Dave Elliott Councilmember William Peirce Councilmember Janice Peters Councilmember STAFF: David Cole Robert Schultz Bridgett Bauer Rick Algert Janeen Burlingame Ardith Davis Greg Fuz Jeff Jones Jim Koser Joe Loven Andrea Lueker Shauna Nauman City Manager City Attorney City Clerk Harbor Director Public Works Administrative Assistant Personnel Officer Planner Fire Chief Finance Director Police Chief Recreation & Parks Director Acting Planning & Building Director ESTABLISH QUORUM AND CALL TO ORDER PRAYER PLEDGE OF ALLEGIANCE THOUGHT FOR THE DAY MAYOR'S REPORTS & ANNOUNCEMENTS CLOSED SESSION REPORT - None. Roger Ewing expressed support for Item A-7 (Approval of Channel 54 Guidelines for Acknowledging Contributors) and requested the item be pulled for discussion. Lionel Johnston addressed the City's tree ordinance stating too many undiseased trees are being removed on private property. He suggested the policy should mandate replacement trees be planted. Grace Melton stated the U.S. Constitution Celebration was a great success and should become an annual event. • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - SEPTEMBER 28, 1998 Wally McCray stated seven trees were donated for planting at the U.S. Constitution Celebration. Harry Rogers asked if the City of Morro Bay will be paying for a portion of the State Water pipeline approved by the County Board of Supervisors. Bill Clayton addressed the younger citizens who hang out on Main Street in front of Two Dogs Coffee Shop, stating they have been productive in planting flowers around the business and have the opportunity to enjoy a healthier life style. Lynda Merrill addressed Item D-1 (Report on Preliminary Infrastructure Rehabilitation Program) which appears to require a large sum of money to accomplish this task. She suggested the City go back to basics in running City business. Ms. Merrill also invited all to a meeting held by Jeff O'Dell regarding the Tidelands and Coastal Act on October 13th at 7:00 p.m. at Coalesce Bookstore Chapel. Colby Crotzer stated he is an advocate for the tree replacement policy on private property. • He said the upcoming Candidates Forum sponsored by the Chamber of Commerce should not qualify to be aired on Channel 54 according to the City's policies and guidelines. John Barta addressed Item A-10 (Report on Morro Bay State Estuary and Watershed Management Plan) stating other City advisory boards should have the opportunity to review and have input on this plan. He also said the regulation of tree removal on private property is a disincentive to plant other trees on private property based on the permit process. Steve Mathieu thanked Council for their support in the remodel of the Channel 54 equipment/control room. Suedene Walker stated the candidate forum sponsored by the Chamber of Commerce will not be aired on Channel 54. Mayor Novak closed the public comment hearing. !�K•7►���I►117B7:�71�i • 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 - SEPTEMBER 28, 1998 A-1 APPROVAL OF MINUTES FOR THE REGULAR CITY COUNCIL MEETING OF SEPTEMBER 14, 1998; (BAUER) RECOMMENDATION: This item has been pulled from the agenda. A-2 STATEMENT OF CASH & INVESTMENTS - AUGUST 1998; (KOSER) RECOMMENDATION: Receive for information. A-3 EXPENDITURE REPORT - AUGUST 1998; (KOSER) RECOMMENDATION: Approve as submitted. A-4 RESOLUTION NO. 87-98 APPROVING CLAIMS SETTLEMENT AMOUNT; (SCHULTZ) • RECOMMENDATION: This item has been pulled from the agenda. A-5 REQUEST FOR FEE WAIVER FOR LEAGUE OF WOMEN VOTERS CANDIDATE FORUM; (LUEKER) RECOMMENDATION: This item has been pulled from the agenda. A-6 REPORT ON MORRO BAY DIAL -A -RIDE TRIENNIAL PERFORMANCE AUDIT FOR FISCAL YEAR 1994/95 THROUGH 1996/97; (BOUCHER) RECOMMENDATION: Receive for information. A-7 APPROVAL OF CHANNEL 54 GUIDELINES FOR ACKNOWLEDGING CONTRIBUTORS; (BOUCHER) RECOMMENDATION: Accept the proposed Channel 54 guidelines from the Friends of 54 for fund-raising activities and acknowledgment of contributors. A-8 RESOLUTION NO. 88-98 AMENDING ROANDOAK WATER RIGHTS AGREEMENT; (ALGERT) • RECOMMENDATION: Adopt Resolution No. 88-98. 3 • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - SEPTEMBER 28, 1998 A-9 RESOLUTION NO. 89-98 AMENDING LEASE AGREEMENT FOR LEASE SITE 62-62W: KAYAK HORIZONS; (ALGERT) RECOMMENDATION: Adopt Resolution No. 89-98. A-10 REPORT ON MORRO BAY STATE ESTUARY AND WATERSHED MANAGEMENT PLAN; (NOVAK) RECOMMENDATION: Receive the Plan for information; direct staff to place for discussion at a Harbor Advisory Board meeting. A-11 REJECTION OF CLAIM AGAINST THE CITY: REEB; (DAVIS) RECOMMENDATION: Reject claim filed against the City. A-12 RESOLUTION NO. 90-98 AMENDING CATASTROPHIC LEAVE POLICY; • (DAVIS) RECOMMENDATION: Adopt Resolution No. 90-98 Councilmember Peters pulled Items A-3 and A-6 from the Consent Calendar; and Councilmember Elliott pulled Items A-7, A-8, and A-9. MOTION: Councilmember Peirce moved the City Council approve Items A-2, A-10, A-11, and A-12 of the Consent Calendar. The motion was seconded by Councilmember Peters and carried unanimously. (5-0) A-3 EXPENDITURE REPORT - AUGUST 1998; (KOSER) Councilmember Peters reviewed the Expenditure Report for public information. MOTION: Councilmember Peters moved the City Council approve Item A-3 of the Consent Calendar. The motion was seconded by Councilmember Peirce and carried unanimously. (5-0) A-6 REPORT ON MORRO BAY DIAL -A -RIDE TRIENNIAL PERFORMANCE AUDIT FOR FISCAL YEAR 1994/95 THROUGH 1996/97; (BOUCHER) • Councilmember Peters asked if there is an impact on City services with the facility manager being shared with the City of Atascadero. 2 • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - SEPTEMBER 28, 1998 Administrative Assistant Janeen Burlingame clarified that the duties of the facility manager are administrative, and do not impact the duties of dispatching calls for rides in the City of Morro Bay. MOTION: Councilmember Peters moved the City Council approve Item A-6 of the Consent Calendar. The motion was seconded by Councilmember Anderson and carried unanimously. (5-0) A-7 APPROVAL OF CHANNEL 54 GUIDELINES FOR ACKNOWLEDGING CONTRIBUTORS; (BOUCHER) Councilmember Peters clarified the type of sponsorship recognition for Friends of 54 contributors which is being proposed to be aired. The City Council expressed support for the proposed Channel 54 guidelines proposed by Friends of 54 for fund-raising activities and acknowledgment of contributors with • amendments to Items t and 2 deleting the words "except during City Council meetings". MOTION: Councilmember Peters moved the City Council approve Item A-7 of the Consent Calendar as amended. The motion was seconded by Councilmember Elliott and carried unanimously. (5-0) • A-8 RESOLUTION NO. 88-98 AMENDING ROANDOAK WATER RIGHTS AGREEMENT; (ALGERT) Councilmember Elliott requested staff clarification on this agreement. Harbor Director Rick Algert responded the amendment to this agreement maintains the City's rights to continue drawing water from Water Well 9-A in the Chorro Flats which is located on private property owned by Delmar Ashurst who runs Roandoak of God Commune. The City Council agreed it would be beneficial to maintain use of this water well. MOTION: Councilmember Anderson moved the City Council approve Item A-8 of the Consent Calendar. The motion was seconded by Councilmember Peters and carried unanimously. (5-0) 5 • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - SEPTEMBER 28, 1998 A-9 RESOLUTION NO. 89-98 AMENDING LEASE AGREEMENT FOR LEASE SITE 62-62W: KAYAK HORIZONS; (ALGERT) Councilmember Elliott asked if this property is zoned for an office use. Harbor Director Rick Algert responded the office use was previously grandfathered. MOTION: Councilmember Elliott moved the City Council approve Item A-9 of the Consent Calendar. The motion was seconded by Councilmember Peirce and carried unanimously. (5-0) Mayor Novak called for a break at 7:28 p.m.; the meeting resumed at 7:45 p.m. B-1 APPEAL OF PLANNING COMMISSION DECISION TO UPHOLD THE • PLANNING DIRECTOR'S APPROVAL OF AN ADMINISTRATIVE COASTAL PERMIT (CDP 35-98A) FOR THE CONSTRUCTION OF A NEW SINGLE FAMILY RESIDENCE LOCATED AT 553 MIMOSA STREET; (NAUMAN) Acting Planning and Building Director Shauna Nauman reviewed the appeal filed by Patricia Birch who is contesting the assignment of the setbacks for the proposed project which has no actual street frontage and is served by an easement across the appellant's lot. She noted the appellant requests the City Council reconsider the setbacks established for the applicants' project, and insure that the construction of the project will not obstruct access to the lot owned by the appellant. Ms. Nauman recommended the City Council deny the appeal, and uphold the Planning Commission's approval of this project. Mayor Novak opened the hearing for public comment. Patricia Birch, appellant, reviewed her concerns and findings for the appeal of this project. Ruel Czach, architect and representative for the applicant, reviewed the design and placement of the proposed project on said lot. • Brian Boatman, applicant, discussed the sewer and drainage on this property. He said the project meets all City codes, and to change the plans would create a financial hardship. 31 • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - SEPTEMBER 28, 1998 John Barta, Planning Commission Chair, referred to the Commission's review and decision relating to this project, noting it meets all City codes and requirements. Jeanine Grentis, neighbor to property, supports project, however, would like the drainage to be redirected. Rudy Fontes stated the appellant is a victim of the process. Brian Boatman stated the drainage will not be directed onto the neighboring property. Mayor Novak closed the public comment hearing. The consensus of the City Council was this project does meet all City codes and requirements and should be allowed. MOTION: Councilmember Peters moved the City Council deny the appeal of Case • No. CDP 35-98A, thereby upholding the Planning Commission's decision to conditionally approve this project, subject to the adopted findings and conditions contained in the Planning Commission's staff report dated August 17, 1998, including added Condition No. 11, and based on all oral and written testimony received. The motion was seconded by Councilmember Anderson and carried unanimously. (5-0) B-2 APPEAL OF PLANNING COMMISSION'S CONDITIONAL APPROVAL OF A CONDITIONAL USE PERMIT AND COASTAL DEVELOPMENT PERMIT (CUP 22-97/CDP 67-97R) TO ALLOW THE CONSTRUCTION OF A 4-UNIT APARTMENT COMPLEX CONSISTING OF 3 ATTACHED AND 1 DETACHED UNIT LOCATED AT 570 MIMOSA STREET; (NAUMAN) Planner Greg Fuz reviewed the appeal filed by Rudy Fontes, William & Andrea Comes, Konrad Scelock, Roland & Rosemary Reuter and Jeanine Grentis based on the concern that the proposed apartment project has not been planned/designed in a manner that is appropriately sensitive to the appellants' condominium development. He stated the appellants request the City Council accept the proposed alternative site plan for this project, and recommended the City Council deny the appeal, and uphold the Planning Commission's approval of this project. 7 • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - SEPTEMBER 28, 1998 Mayor Novak opened the hearing for public comment. Rudy Fontes, appellant, stated this project will affect the lifestyle of the residents at the Ironwood Arms Condominiums, and suggested the City Council consider an alternate plan which may create a more open atmosphere. Bruce Burnside, applicant, stated he has already met the Planning Commission's request to redesign this project. He requested the City Council also approve his project. John Barta, Planning Commission Chair, referred to the Commission's review and decision relating to this project, and stated the City is not in the business of maintaining private views. Bill Comes, appellant, expressed concern with the closeness of the proposed project from his condominium unit. • Barbara Spangler, neighbor, expressed concern with increased traffic on Mimosa Street. Harry Rogers discussed lot density privileges, and noted the condominium building is a legal non -conforming use. Mayor Novak closed the public comment hearing. Councilmember Peirce stated when the Ironwood Arms Apartment Complex (presently Ironwood Arms Condominiums) was built years ago, it was also built close to the property line. He supports upholding the Planning Commission's decision on this matter. Councilmember Peters stated privacy and compatibility between neighbors is also an issue, and she supports acceptance of the appeal. Councilmember Elliott stated the applicant has already redesigned his project as requested by the Planning Commission, and should not have to redesign again. He said private views cannot be maintained by law, and he supports upholding the Planning Commission's decision. Councilmember Anderson stated if the condominium owners had built their building, it would not be built as it is. He said this project is in compliance with zoning laws and • should be allowed. EI • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - SEPTEMBER 28, 1998 Mayor Novak stated to rearrange the project plans could create other negative impacts, and is not feasible for the applicant. She supports the Planning Commission and denial of the appeal. MOTION: Councilmember Elliott moved the City Council deny the appeal of Case No. CUP 22-97/CDP 67-97R, thereby upholding the Planning Commission's decision to conditionally approve this project, subject to the adopted findings and conditions contained in the Planning Commission's staff report dated August 3, 1998, and an additional finding pursuant to Section 17.48.200 of the Morro Bay Municipal Code, and based on all oral and written testimony received. The motion was seconded by Councilmember Anderson and carried with Councilmember Peters voting no. (4-1) Mayor Novak called for a break at 9:41 p.m.; the meeting resumed at 9:52 p.m. B-3 PUBLIC HEARING ON CITIZEN'S OPTION FOR PUBLIC SAFETY (COPS) is FUNDING; (LOVEN) Police Chief Joe Loven reviewed Assembly Bill 3229 (COPS) which sets funds aside from the state general fund to be distributed to local governments to supplement the funding of public safety programs and activities. He stated the City of Morro Bay will receive $22,216 for fiscal year 1998/99. Chief Loven noted this funding request was previously approved by Council during budget hearings and no further action is necessary. Mayor Novak opened the hearing for public comment; there were no comments, and the public comment period was closed. No further action was taken on this item. N ► . 9 C-1 FOLLOW-UP ON REGIONAL URBAN DESIGN ASSISTANCE TEAM (RUDAT) REPORT; (NAUMAN) - This item was pulled from the agenda. 0 • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - SEPTEMBER 28, 1998 D. NEW BUSINESS D-1 REPORT ON PRELIMINARY INFRASTRUCTURE REHABILITATION PROGRAM TIMETABLE; (BOUCHER) City Manager Dave Cole reviewed the report on the preliminary Infrastructure Rehabilitation Program which entails a comprehensive plan to replace/install/repair the community's street, storm drain, water and sewer systems and to convert existing overhead utility facilities to underground. He recommended the City Council direct staff to incorporate the staffing resources required for this program into the staff reorganization plan currently underway. Council consensus was to move forward with financing review and public awareness of this proposed program. MOTION: Mayor Novak moved the City Council direct staff to incorporate the • staffing resources required for the Infrastructure Rehabilitation Program into the staff reorganization plan currently underway and continue with the proposed program. The motion was seconded by Councilmember Elliott and carried unanimously. (5-0) MOTION: Councilmember Peters moved the City Council continue the meeting beyond 11:00 p.m.. The motion was seconded by Councilmember Anderson and carried unanimously. (5-0) D-2 REQUEST TO AGENDIZE THE DISCUSSION OF A GENERAL PLAN AMENDMENT TO THE CITY'S ZONING ORDINANCE RELATING TO COMMERCIAL RETAIL SHOPPING CENTERS THAT REGULATE FLOOR AREA DEVOTED TO NON-TAXABLE SALES IN STORES EXCEEDING 90,000 SQUARE FEET; (NOVAK) Mayor Novak reviewed this item for information, and requested the City Council direct staff to work with Mayor Novak on preparing a report to Council for adopting a General Plan amendment to the City's Zoning Ordinance relating to commercial retail shopping centers that regulate floor area devoted to non-taxable sales in stores exceeding 90,000 square feet, and agendize for an upcoming Council meeting. • The City Council expressed support in the review of this proposed amendment to the City's Zoning Ordinance, and directed staff to work with Mayor Novak on preparing a report for Council review. 10 • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - SEPTEMBER 28, 1998 D-3 ACCEPT RESIGNATION OF PLANNING COMMISSIONER APRIL FORD, AND CONSIDERATION OF FILLING VACANCY ON PLANNING COMMISSION; (ADMIN) Mayor Novak recommended the following: 1) accept the resignation of Planning Commissioner April Ford; 2) advertise the opening for Planning Commissioner; 3) accept applications; and 4) set an interview date to fill the vacancy. The City Council accepted the resignation of Planning Commissioner April Ford, and agreed to postpone filling this vacancy on the Planning Commission until January 1999. F. ADJOURNMENT The meeting adjourned at 11:05 p.m. Recorded by: Bridgett Bauer City Clerk • 11 City of Morro Bay Council Agenda Mission Statement The City of Mono Bay is dedicated to the preservation and `nhancanent of the quality of fife. the City shall be committed to this purpose and mill provide a Level of municipal service and safety consistent with and responsive to the needs of the public. REGULAR MEETING - SEPTEMBER 14,1998; 5:00 P.M. CLOSED SESSION - SEPTEMBER 14, 1998 CITY HALL CONFERENCE ROOM - 5:00 P.M. 595 HARBOR ST., MORRO BAY, CA CS-1 GOVERNMENT CODE SECTION 54956 8; REAL PROPERTY TRANS- ACTIONS INSTRUCTING THE CITY'S REAL PROPERTY NEGOTIATOR REGARDING THE PRICE AND TERMS OF PAYMENT FOR THE PURCHASE, SALE, EXCHANGE, OR LEASE OF REAL PROPERTY AS TO ONE (1) PARCEL: PROPERTY: LEASE SITE 68-68W; MORRO BAY ESTATE JEWELRY NEGOTIATING PARTIES: GORDON HELD, HELD FAMILY TRUST, TENANT; HARBOR DIRECTOR FOR CITY, LANDLORD • NEGOTIATIONS: LEASE NEGOTIATIONS AND RENEWAL CS-2 GOVERNMENT CODE SECTION 54956 9(A). CONFERENCE WITH LEGAL COUNSEL REGARDING PENDING LITIGATION DONVILLE v. CITY OFMORRO BAY, SAN LUIS OBISPO SUPERIOR COURT CASE NO. CV 980098. IT IS NOTED THAT THE CONTENTS OF CLOSED SESSION MEETINGS ARE CONFIDENTIAL AND EXEMPT FROM DISCLOSURE. PUBLIC SESSION - SEPTEMBER 14, 1998 VETERANS MEMORIAL HALL - 6:00 P.M. 209 SURF ST., MORRO BAY, CA ESTABLISH QUORUM AND CALL TO ORDER PRAYER PLEDGE OF ALLEGIANCE • THOUGHT FOR THE DAY MAYOR AND COUNCILMEMBERS ANNOUNCEMENTS & PRESENTATIONS CLOSED SESSION REPORT • PUBLIC COMMENT PERIOD - Members of the audience wishing to address the Council on City business matters (other than Public Hearing items under Section B) may do so at this time. To increase the effectiveness of the Public Comment Period, the following rules shall be followed: • When recognized by the Mayor, please come forward to the podium and state your name and address for the record. Comments are to be limited to three minutes. • All remarks shall be addressed to Council, as a whole, and not to any individual member thereof. • No person shall be permitted to make slanderous, profane or personal remarks against any elected official, commission and/or staff. 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 CITY COUNCIL MEETING OF AUGUST 17, 1998; (BAUER) • RECOMMENDATION: Approve as submitted. A-2 STATEMENT OF CASH & INVESTMENTS - JULY 1998; (KOSER) RECOMMENDATION: Receive for information. A-3 EXPENDITURE REPORT - JULY 1998; (KOSER) RECOMMENDATION: Approve as submitted. A-4 RESOLUTION APPROVING CLAIMS SETTLEMENT AMOUNT; (SCHULTZ) - THIS ITEM HAS BEEN PULLED FROM THE AGENDA 2 A-5 AMENDMENT OF CITY ATTORNEY CONTRACT TO APPOINT ROBERT • W. SCHULTZ, ESQ. AS CITY ATTORNEY FOR THE CITY OF MORRO BAY; (HUNT) RECOMMENDATION: Adopt Resolution No. 84-98 substituting Robert W. Schultz, Esq. as City Attorney in place of David R. Hunt, Esq. A-6 APPROVAL OF HARBOR FESTIVAL RECYCLING PROGRAM GRANT REQUEST RECOMMENDATION: Approve the grant request for the development, coordination and implementation of a recycling and educational program for the Harbor Festival using volunteers from Morro Bay High School, and community service groups. A-7 RESOLUTION NO. 82-98 WAIVING T-PIER FEES FOR TALLSHIP "ENDEAVOUR" VISIT FROM MAY 14-24, 1999; (ALGERT) RECOMMENDATION: Adopt Resolution No. 82-98. A-8 REJECTION OF CLAIM AGAINST THE CITY - WONG; (DAVIS) • RECOMMENDATION: Reject the claim filed against the City. A-9 APPROVAL OF PUBLIC SERVICE ANNOUNCEMENT (PSA) GUIDELINES FOR CHANNEL 54; (BOUCHER) RECOMMENDATION: Adopt the policy guidelines regarding public service announcements on the Channel 54 community calendar as recommended by the Public Works Advisory Board. A-10 RESOLUTION NO. 85-98 ABOLISHING OFFICE CLOSURE HOURS FOR NON -SAFETY CITY OFFICES RECOMMENDATION: Adopt Resolution No. 85-98. tIJe34lei :i_:T•L•31i 1WAlON: I & Ii, Ka ff-A . 9 0 =WE ► "IaI NOR IN C. UNFINISHED BUSINESS C-I RESOLUTION NO. 86-98 APPROVING A PILOT BANNER PROGRAM FOR THE DOWNTOWN BUSINESS AREA; (NOVAK) • RECOMMENDATION: Adopt Resolution No. 86-98. 3 C-2 RESOLUTION NO. 83-98 DESIGNATING A FUTURE SITE FOR THE • CENTRAL COAST MARITIME MUSEUM ASSOCIATION; (ALGERT) RECOMMENDATION: Adopt Resolution No. 83-98. C-3 REVIEW OF PRELIMINARY RESULTS ON TRANSIENT OCCUPANCY TAX AUDIT; (KOSER) RECOMMENDATION: 1) Consider a one-time waiver of taxes not collected due to misinterpretation of the ordinance; 2) disallow any deductions from taxes for any costs of collection; 3) advise hotel/motel operators that government employees are not exempt from the transient occupancy tax. C-4 RESOLUTION NO. 81-98 DESIGNATING PARKING IN -LIEU FUNDS FOR FRONT STREET PARKING LOT; (BOUCHER) RECOMMENDATION: Adopt Resolution No. 81-98; and direct staff to seek monies for a sediment/hydrocarbon removal system from outside funding sources. C-5 ORDINANCE NO. 472 AUTHORIZING AMENDMENT TO CONTRACT TO ADD FOURTH LEVEL OF 1959 SURVIVOR BENEFIT FOR LOCAL FIRE Is MEMBERS AND RECLASSIFICATION OF HARBOR PATROL OFFICERS AS SAFETY MEMBERS - SECOND READING/ADOPTION; (DAVIS) RECOMMENDATION: Approve second reading and adoption of Ordinance No. 472. C-6 ORDINANCE NO. 471 REPEALING SECTION 2.24 (RECREATION & PARKS COMMISSION) AND SECTION 15.48 (HARBOR ADVISORY BOARD) FROM THE MORRO BAY MUNICIPAL CODE - SECOND READING/ADOPTION; (LUEKER/ALGERT) RECOMMENDATION: Approve second reading and adoption of Ordinance No. 471. C-7 ORDINANCE NO. 470 ADDING CHAPTER 17.70 TO THE ZONING ORDINANCE AND AMENDING THE LOCAL COASTAL PROGRAM (CASE NO. LCP/ZOA 01-98) TO REGULATE THE ESTABLISHMENT OF ADULT ENTERTAINMENT BUSINESSES - SECOND READING/ADOPTION; (NAUMAN) • RECOMMENDATION: Approve second reading and adoption of Ordinance No. 470. 2 C-8 STATUS REPORT AND FUNDING REQUEST FOR CABLE TV INSERTION • POINT AT THE VETERANS' MEMORIAL BUILDING; (LUEKER) RECOMMENDATION: Allocate funds for construction of a Cable TV Insertion Point located at the Veterans' Memorial Building. C-9 CONSIDERATION OF FUNDING REQUEST FOR REPLACEMENT OF FINE-CUT FLAIL MOWER; (LUEKER) RECOMMENDATION: Authorize staff to go out to bid for the replacement of the fine-cut flail mower. C-10 STATUS REPORT ON INVOCATIONS PRESENTED AT CITY COUNCIL MEETINGS; (SCHULTZ) RECOMMENDATION: Receive report for information. lb�OWATA'181-1Iy�I.`�9 D-I APPOINTMENT OF VOTING DELEGATE FOR LEAGUE OF CALIFORNIA CITIES CONFERENCE; (ADMIN) • RECOMMENDATION: Appoint Voting Delegate at the League of California Cities Annual Conference. D-2 APPOINTMENT OF CITY REPRESENTATIVE TO SERVE ON THE ECONOMIC OPPORTUNITY COMMISSION; (ADMIN) RECOMMENDATION: Appoint City Representative to replace Councilmember Peters on the Economic Opportunity Commission. r; i, 9Xi11WOU]►gll THIS AGENDA IS SUBJECT TO AMENDMENT UP TO 72 HOURS PRIOR TO THE DATE AND TIME SET FOR THE MEETING. PLEASE REFER TO THE AGENDA POSTED AT CITY HALL FOR ANY REVISIONS OR CALL THE CLERK'S OFFICE AT 772-6200 FOR FURTHER INFORMATION. COPIES OF STAFF REPORTS OR OTHER PUBLIC DOCUMENTATION RELATING TO EACH ITEM OF BUSINESS REFERRED TO ON THIS AGENDA ARE ON FILE IN THE OFFICE OF THE CITY CLERK AND AVAILABLE FOR PUBLIC INSPECTION AND REPRODUCTION AT COST AT CITY HALL, LIBRARY, AND MILLS STATIONERY. IN COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT, IF YOU NEED SPECIAL • ASSISTANCE TO PARTICIPATE IN A CITY MEETING, PLEASE CONTACT THE CITY CLERK'S OFFICE AT LEAST 24 HOURS PRIOR TO THE MEETING TO INSURE THAT REASONABLE ARRANGEMENTS CAN BE MADE TO PROVIDE ACCESSIBILITY TO THE MEETING. 5 • MINUTES - MORRO BAY CITY COUNCIL CLOSED SESSION - SEPTEMBER 14, 1998 CITY HALL CONFERENCE ROOM - 5:00 P.M. Mayor Novak called the meeting to, order at 5:00 p.m PRESENT: Cathy Novak Mayor Rodger Anderson Councilmember Dave Elliott Councilmember William Peirce Councilmember Janice Peters Councilmember STAFF: David Cole City Manager David Hunt City Attorney Robert Schultz City Attorney Rick Algert Harbor Director INK613_x13*1310) MOTION: Councilmember Anderson moved the meeting be adjourned to Closed Session. The motion was seconded by Councilmember Peters and • unanimously carried. (5-0) Mayor Novak read the Closed Session statement. The Closed Session Agenda was taken out of order in order to hear CS-2 prior to CS-1. CS-2 GOVERNMENT CODE SECTION 54956.9(A), CONFERENCE WITH LEGAL COUNSEL REGARDING PENDING LITIGATION DOAWILLE v. CITY OF MORRO BAY, SAN LUIS OBISPO SUPERIOR COURT CASE NO. CV 980098. Councilmember Anderson left the Closed Session meeting at this time due to a conflict of interest on the following item. CS-1 GOVERNMENT CODE SECTION 54956.8; REAL PROPERTY TRANS- ACTIONS INSTRUCTING THE CITY'S REAL PROPERTY NEGOTIATOR REGARDING THE PRICE AND TERMS OF PAYMENT FOR THE PURCHASE, SALE, EXCHANGE, OR LEASE OF REAL PROPERTY AS TO ONE (1) PARCEL: PROPERTY: LEASE SITE 68-68W; MORRO BAY ESTATE JEWELRY NEGOTIATING PARTIES: GORDON HELD, HELD FAMILY TRUST, TENANT; HARBOR DIRECTOR FOR CITY, LANDLORD • NEGOTIATIONS: LEASE NEGOTIATIONS AND RENEWAL • The meeting adjourned to Closed Session at 5:00 p.m. and returned to regular session at 5:56 p.m. MOTION: Councilmember Peters moved the meeting be adjourned. The motion was seconded by Councilmember Peirce and unanimously carried. (4-0) The meeting adjourned at 5:56 p.m. MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - SEPTEMBER 14, 1998 VETERANS MEMORIAL HALL - 6:00 P.M. Mayor Novak called the meeting to order at 6:00 p.m PRESENT: Cathy Novak Mayor Rodger Anderson Councilmember Dave Elliott Councilmember William Peirce Councilmember Janice Peters Councilmember • STAFF: David Cole City Manager David Hunt City Attorney Robert Schultz City Attorney Bridgett Bauer City Clerk Rick Algert Harbor Director Bill Boucher Public Works Director Greg Fuz Planner Jeff Jones Fire Chief Jim Koser Finance Director Andrea Lueker Recreation & Parks Director ESTABLISH QUORUM AND CALL TO ORDER PRAYER PLEDGE OF ALLEGIANCE THOUGHT FOR THE DAY MAYOR'S REPORTS & ANNOUNCEMENTS CLOSED SESSION REPORT - City Attorney David Hunt reported on the following Closed Session action: CS-1: Government Code Section 54956.8; Real Property Transactions - Relating to Lease Site 68-68W; Morro Bay Estate Jewelry - Discussion has been continued to the September 28th City Council meeting • CS-2: Government Code Section 54956.9(A); Conference with Legal Counsel Regarding Pending Litigation - No reportable action was taken. 2 • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - SEPTEMBER 14, 1998 9 Steve Goschke, representative of Duke Energy, gave a report on the progress of Duke Energy's recent acquisition of the Morro Bay Power Plant from PG&E. Grace Melton and Jude Long, Librarian at the Morro Bay Library, announced there will be a "Liberty Tree" planting on Saturday, September 26th in honor of "U.S. Constitution Month". Roger Ewing suggested the City Council consider the benefit of having a "Beat Cop" walking the downtown area. He addressed Item CA (Resolution No. 86-98 approving a Pilot Banner Program for the Downtown Business Area) stating this should be a public hearing item. He also addressed Item C-8 (Status Report and Funding Request for Cable TV Insertion Point at the Veterans' Memorial Building) requesting the City Council allocate the money so the project can commence. Rick Grantham stated there is a concern with alcohol consumption at the Harbor Festival; • he said the best defense is to educate the people working the booths. Laurie Noble, co-owner of the Hot Dog Factory, stated the use of directional signs for local businesses is important. She requested the review of the current sign ordinance be delayed until Council receives public input. Brent Roberts, Central Coast Maritime Museum Association (CCMMA), announced the arrival of the ship "Endeavour" to Morro Bay in May 1999. Colby Crotzer stated there was discussion of signs at a recent Planning Commission workshop where projection signs were found to be the more popular advertisement, and banners were found to be the least attractive of signs. He encouraged public input at future workshops. Harry Rogers stated the flag flying at the public park is in poor condition and is a disgrace. He said skateboarding is a problem in the City and requires further enforcement. He also expressed support for Item C-2 (Resolution No. 83-98 Designating a Future Site for the Central Coast Maritime Museum Association). Lynda Merrill requested a schedule of events be prepared regarding the General Plan/Local Coastal Plan review. She also addressed the following agenda items: 1) Item C-3 (Review of Preliminary Results on Transient Occupancy Tax Audit) and asked if an • audit is prepared every 5 years; 2) Item C-6 (Ordinance No. 471 Repealing Section 2.24 (Recreation & Parks Commission) and Section 15.48 (Harbor Advisory Board) from the 3 • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - SEPTEMBER 14, 1998 Morro Bay Municipal Code) stating the Recreation & Parks Commission does not agree with the ordinance revision; 3) Item A-10 (Resolution No. 85-98 Abolishing Office Closure Hours for Non -Safety City Offices) expressing her support for the re-establishing of office hours; and 4) Item C-1 should be a public hearing item. Wally McCray recommended hanging some graphics of the U.S. Constitution in the Morro Bay Veterans' Building meeting room. He also endorsed the "Liberty Tree Planting" on Saturday September 26th at Tidelands Park. Pat O'Daniels, owner of Legends, stated the trees around his business hide his signs, and said projection signs would be helpful. He also shared historic photographs of Morro Bay before the trees matured and the signs were more visible. Suedene Walker read a letter from a local business owner stating sandwich board signs are the most effective way of advertising and should be allowed in the blanket encroachment permit. Ms. Walker also expressed support for the CCMMA. • Bryn Johns stated he has a sandwich board sign on Quintana Road adverting his business at the Von's Shopping Center. He said without this sign, patrons would not know he was there. Nancy Castle addressed the memorandum she submitted to Council regarding PSA Guidelines (Item A-9) and requested Council pull this item from the agenda and reagendize it for future discussion. Jim Nance addressed the following: 1) Item A-9 should be pulled for future discussion; 2) he supports Item A-10; 3) Item C-8 - funding for this project is important; 4) local public access should be based on federal guidelines; and 5) discussion on banners should be a public hearing item. Mayor Novak closed the public comment hearing. Councilmember Peters requested the following future agenda items: 1) update on the Planning/Building and Public Works Departments reorganization; 2) report on the Dial - A -Ride over -use problems, and the consideration to extend bus hours to allow • transportation to public meetings; and 3) consideration of a Downtown Beat Cop during busy weekends and summertime. 0 • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - SEPTEMBER 14, 1998 Mayor Novak requested to agendize the consideration of a general plan amendment to the City's zoning ordinance relating to commercial retail shopping centers that regulate floor area devoted to non-taxable sales in stores exceeding 90,000 square feet. 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 CITY COUNCIL MEETING OF AUGUST 17, 1998; (BAUER) RECOMMENDATION: Approve as submitted. A-2 STATEMENT OF CASH & INVESTMENTS - JULY 1998; (KOSER) • RECOMMENDATION: Receive for information. A-3 EXPENDITURE REPORT - JULY 1998; (KOSER) RECOMMENDATION: Approve as submitted. A-4 RESOLUTION APPROVING CLAIMS SETTLEMENT AMOUNT; (SCHULTZ) - THIS ITEM HAS BEEN PULLED FROM THE AGENDA A-5 AMENDMENT OF CITY ATTORNEY CONTRACT TO APPOINT ROBERT W. SCHULTZ, ESQ. AS CITY ATTORNEY FOR THE CITY OF MORRO BAY; (HUNT) RECOMMENDATION: Adopt Resolution No. 84-98 substituting Robert W. Schultz, Esq. as City Attorney in place of David R. Hunt, Esq. A-6 APPROVAL OF HARBOR FESTIVAL RECYCLING PROGRAM GRANT REQUEST RECOMMENDATION: Approve the grant request for the development, coordination and implementation of a recycling and educational program for • the Harbor Festival using volunteers from Morro Bay High School, and community service groups. 5 • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - SEPTEMBER 14, 1998 A-7 RESOLUTION NO. 82-98 WAIVING T-PIER FEES FOR TALLSHIP "ENDEAVOUR" VISIT FROM MAY 14-24, 1999; (ALGERT) RECOMMENDATION: Adopt Resolution No. 82-98. A-8 REJECTION OF CLAIM AGAINST THE CITY - WONG; (DAVIS) RECOMMENDATION: Reject the claim filed against the City. A-9 APPROVAL OF PUBLIC SERVICE ANNOUNCEMENT (PSA) GUIDELINES FOR CHANNEL 54; (BOUCHER) RECOMMENDATION: Adopt the policy guidelines regarding public service announcements on the Channel 54 community calendar as recommended by the Public Works Advisory Board. • A-10 RESOLUTION NO. 85-98 ABOLISHING OFFICE CLOSURE HOURS FOR NON -SAFETY CITY OFFICES • RECOMMENDATION: Adopt Resolution No. 85-98. Councilmember Peters pulled Items A-3 and A-5 from the Consent Calendar; Councilmember Elliott pulled Item A-9; and Councilmember Anderson pulled Item A-10. MOTION: Councilmember Anderson moved the City Council approve the Consent Calendar with the exception of Items A-3, A-4, A-5, A-9, and A-10. The motion was seconded by Councilmember Peirce and carried unanimously. (5-0) A-3 EXPENDITURE REPORT - JULY 1998; (KOSER) Councilmember Peters noted credit card uses and large purchases for public information. She requested staff itemize credit card expenses on future reports. MOTION: Councilmember Peters moved the City Council approve Item A-3 on the Consent Calendar. The motion was seconded by Councilmember Anderson and carried unanimously. (5-0) C • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - SEPTEMBER 14, 1998 A-5 AMENDMENT OF CITY ATTORNEY CONTRACT TO APPOINT ROBERT W. SCHULTZ, ESQ. AS CITY ATTORNEY FOR THE CITY OF MORRO BAY; (HUNT) Councilmember Peters stated consistent legal representation is vital to the City, and with the current City Attorney contract expiring on June 30, 1999 she recommended a Request for Proposal (RFP) be prepared to send out in February 1999. MOTION: Councilmember Peters moved the City Council direct staff to prepare a Request for Proposal to send out in February 1999. The motion died for lack of a second. MOTION: Councilmember Peters moved the City Council approve Item A-5 on the Consent Calendar. The motion was seconded by Councilmember Elliott and carried unanimously. (5-0) • A-9 APPROVAL OF PUBLIC SERVICE ANNOUNCEMENT (PSA) GUIDELINES FOR CHANNEL 54; (BOUCHER) Councilmember Elliott stated AGP Video should have had more time to respond to this staff report. The City Council expressed support in the current policies of the PSA Guidelines for Channel 54, and tabled this item. A-10 RESOLUTION NO. 85-98 ABOLISHING OFFICE CLOSURE HOURS FOR NON -SAFETY CITY OFFICES Councilmember Anderson stated although office closure hours allowed City staff undisturbed time to complete tasks, it has been found to be a detriment to the public and offices should remain open throughout the day. MOTION: Councilmember Anderson moved the City Council approve Item A-10 on the Consent Calendar. The motion was seconded by Councilmember Peirce and carried unanimously. (5-0) Mayor Novak called for a break at 7:40 p.m.; the meeting resumed at 8:00 p.m. 0 B. PUBLIC HEARINGS, REPORTS & APPEARANCES - NONE. VA • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - SEPTEMBER 14, 1998 1► `T:II � � ►II.Y.y C-1 RESOLUTION NO. 86-98 APPROVING A PILOT BANNER PROGRAM FOR THE DOWNTOWN BUSINESS AREA; (NOVAK) Mayor Novak stated the City Council approved a blanket encroachment permit process at its July 27, 1998 meeting by adoption of Resolution No. 76-98. She said a section of that resolution refers to a City approved banner project, which is presented for Council review as a pilot project and will sunset at the time a new sign ordinance is adopted by the City Council. Mayor Novak recommended the City Council adopt Resolution No. 86-98 approving the Pilot Banner Project in the Downtown Business Area. Councilmember Peters asked for legal clarification on this item. City Attorney Robert Schultz clarified by stating that the present sign ordinance considers total sign area which would include banners. He said the current ordinance does not • allow for sandwich board signs in the public right-of-way unless there is an exception approved by the Planning Commission. Councilmember Peirce stated he supports the banner program only if it is not a mandated replacement for sandwich board signs. Mayor Novak stated she supports sending a temporary sign program to the Planning Commission for their review prior to the sign ordinance review. Councilmember Anderson agreed that a temporary sign program should be expedited prior to the final review of the sign ordinance. Councilmember Peters stated the Public Works Department should have some input on the public right-of-way issues. Councilmember Elliott stated he does not support banner signs. He said there should be a standard on size, appearance, and placement of sandwich board signs throughout the City. Councilmember Elliott stated the Planning Commission should hold a public hearing on this temporary sign permit review. City Attorney Robert Schultz stated he will work with staff to prepare language to allow a • blanket permit through the current exception section of the City's municipal code. Councilmember Peters noted the importance for public awareness of this issue. 3 • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - SEPTEMBER 14, 1998 MOTION: Mayor Novak moved the City Council direct staff to prepare a temporary sandwich board sign and/or banner program for Planning Commission review as soon as possible. The motion was seconded by Councilmember Peirce and carried unanimously. (5-0) C-2 RESOLUTION NO. 83-98 DESIGNATING A FUTURE SITE FOR THE CENTRAL COAST MARITIME MUSEUM ASSOCIATION; (ALGERT) Harbor Director Rick Algert reviewed the proposed agreement between the City and the Central Coast Maritime Museum Association (CCMMA) which identifies two potential sites for construction of a maritime museum. He said the proposed agreement provides the City protection from any unwanted project that may develop, and meets the CCMMA's desire for a higher level of commitment from the City that may facilitate their fund-raising activity. Mr. Algert recommended the City Council adopt Resolution No. 83-98 authorizing the Mayor to execute the attached agreement. • MOTION: Councilmember Elliott moved the City Council adopt Resolution No. 83- 98 designating a future site for the Central Coast Maritime Museum Association. The motion was seconded by Councilmember Peirce and carried unanimously. (5-0) C-3 REVIEW OF PRELIMINARY RESULTS ON TRANSIENT OCCUPANCY TAX AUDIT; (KOSER) Finance Director Jim Koser reviewed the preliminary results of the Transient Occupancy Tax (TOT) Audit. Based on the findings of the TOT Audit, Mr. Koser recommended the following to the City Council: 1) consider a one-time waiver of taxes not collected due to misinterpretation of the ordinance; 2) disallow any deductions from taxes for any costs of collection; 3) advise hotel/motel operators that government employees are not exempt from the transient occupancy tax. Councilmember Peters stated vendors should not be penalized due to receiving misinformation. Councilmember Anderson agreed; however, the motel/hotel owners will now know the ground rules. • Councilmember Elliott recommended a letter advising the business owners of the City's rules on Transient Occupancy Tax collection. Lt • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - SEPTEMBER 14, 1998 Councilmember Peirce stated a formal appeal process is necessary. He agreed not to charge penalties, with no exemptions allowed. Mayor Novak agreed with Council. _ MOTION: Mayor Novak moved the City Council approve the following: 1) a one- time waiver of taxes not collected due to misinterpretation of the ordinance; 2) to disallow any deductions from taxes for any costs of collection with a one-time waiver of penalties and interest; 3) directed staff to advise hotel/motel operators that government employees are not exempt from the TOT; and 4) requested staff return to Council with an update to clarify the TOT ordinance and include a hearing and appeal process. The motion was seconded by Councilmember Peters and carried unanimously. (5-0) • Mayor Novak suggested the City Council take the agenda out of order to hear Item C-5 next; Council concurred. 0 Mayor Novak called for a break at 9:50 p.m.; the meeting resumed at 9:55 p.m. C-4 RESOLUTION NO. 81-98 DESIGNATING PARKING IN -LIEU FUNDS FOR FRONT STREET PARKING LOT; (BOUCHER) Public Works Director Bill Boucher stated at the July 13, 1998 City Council meeting, staff was directed to prepare additional options for improvements to the Front Street Parking Lot based, in part, upon the results of the presentation by the Central Coast Maritime Museum Association. He said the City Engineer has prepared two options for Council consideration; one which entails primarily the overlay and striping of the existing Lot (Option 1-A), and the other which also constructs 26 additional parking spaces (Option 1 - Revised). Mr. Boucher noted both options provide a trolley stop with associated seating and appurtenances. He noted adequate funds exist in the Parking In - Lieu Fund for either option for this project, and it may be possible to reduce costs to that Fund by securing outside grant monies for the sediment/hydrocarbon removal facilities. Mr. Boucher recommended the City Council approve Option 1 - (Revised) by adoption of Resolution No. 81-98, and direct staff to seek monies for a sediment/hydrocarbon removal system from outside funding sources. [t1] • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - SEPTEMBER 14, 1998 MOTION: Councilmember Peters moved the City Council approve Option 1 - (Revised) by adoption of Resolution No. 81-98, and direct staff to seek monies for a sediment/hydrocarbon removal system from outside funding sources. The motion was seconded by Councilmember Anderson and carried unanimously. (5-0) C-5 ORDINANCE NO. 472 AUTHORIZING AMENDMENT TO CONTRACT TO ADD FOURTH LEVEL OF 1959 SURVIVOR BENEFIT FOR LOCAL FIRE MEMBERS AND RECLASSIFICATION OF HARBOR PATROL OFFICERS AS SAFETY MEMBERS - SECOND READING/ADOPTION; (DAVIS) Mayor Novak stated Ordinance No. 472 is being presented for second reading and adoption. MOTION: Councilmember Peirce moved the City Council approve the second reading and adoption of Ordinance No. 472. The motion was seconded by • Councilmember Elliott and carried unanimously. (5-0) City Manager David Code read Ordinance No. 472 by title and number only. C-6 ORDINANCE NO. 471 REPEALING SECTION 2.24 (RECREATION & PARKS COMMISSION) AND SECTION 15.48 (HARBOR ADVISORY BOARD) FROM THE MORRO BAY MUNICIPAL CODE - SECOND READING/ADOPTION; (LUEKER/ALGERT) Mayor Novak stated Ordinance No. 471 is being presented for second reading and adoption. Councilmember Peters stated she does not favor some elements of the structure of the Recreation and Parks Commission. MOTION: Councilmember Anderson moved the City Council approve the second reading and adoption of Ordinance No. 471. The motion was seconded by Councilmember Peirce and carried with Councilmember Peters voting no. (4-1) City Manager David Code read Ordinance No. 471 by title and number only. 0 • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - SEPTEMBER 14, 1998 C-7 ORDINANCE NO. 470 ADDING CHAPTER 17.70 TO THE ZONING ORDINANCE AND AMENDING THE LOCAL COASTAL PROGRAM (CASE NO. LCP/ZOA 01-98) TO REGULATE THE ESTABLISHMENT OF ADULT ENTERTAINMENT BUSINESSES - SECOND READING/ADOPTION; (NAUMAN) Mayor Novak stated Ordinance No. 470 is being presented for second reading and adoption. Councilmember Peters clarified for public information that the adoption of this Ordinance does not intend to invite this sort of business into the City; its intent is to regulate where they may be permitted. MOTION: Councilmember Peirce moved the City Council approve the second reading and adoption of Ordinance No. 470. The motion was seconded by • Councilmember Elliott and carried unanimously. (5-0) City Manager David Code read Ordinance No. 470 by title and number only. L C-8 STATUS REPORT AND FUNDING REQUEST FOR CABLE TV INSERTION POINT AT THE VETERANS' MEMORIAL BUILDING; (LUEKER) Recreation & Parks Director Andrea Lueker reviewed the status report for the Cable TV Insertion Point at the Veterans' Memorial Building. She said the project will cost approximately $2,100 which includes the majority of the renovation work being done by the Facilities Division staff. Ms. Lueker recommended the City Council allocate $2,100 to fund the renovation at the Veterans' Memorial Building to accommodate the playback equipment package provided pursuant to the Charter/City Franchise Transfer Agreement. She also recommended the City Council authorize staff to notify Charter Communications in order to begin the 90-day period in which Charter has to provide the equipment. The City Council expressed their support for this project, and requested staff begin the work as soon as possible. Councilmember Peters stated she will donate $200 from her discretionary funds if other funds cannot be located. 12 MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - SEPTEMBER 14, 1998 MOTION: Councilmember Peirce moved the City Council allocate $2,100 to fund the renovation at the Veterans' Memorial Building to accommodate the playback equipment package provided pursuant to the Charter/City Franchise Transfer Agreement. The motion was seconded by Councilmember Peters and carried unanimously. (5-0) MOTION: Councilmember Peters moved the City Council direct staff to agendize the preparation of guidelines for live broadcast, and review of the City's current contract regarding scheduling provisions for contractors with live broadcast capabilities for Public Works Advisory Board's review as soon as possible. The motion was seconded by Councilmember Elliott and carried unanimously. (5-0) C-9 CONSIDERATION OF FUNDING REQUEST FOR REPLACEMENT OF FINE-CUT FLAIL MOWER; (LUEKER) • Recreation & Parks Director Andrea Lueker stated the Parks Division staff requires two mowers to maintain the 30+ acres of parkland in the City: 1) a rotary -type mower which is used for the smaller parks, as well as fine cutting around trees and other park structures; this mower was replaced in 1993; and 2) a flail -type mower which is used to mow the large open areas, as well as the hills at Del Mar Park. She said the existing flail mower, which was purchased in 1986 is inoperable and not repairable. Ms. Lueker stated the fiscal impact is approximately $22,000 to purchase or $27,000 (60 month financing). She noted a portion of this cost can be charged to the Cloisters Lighting and Landscaping Maintenance Assessment District beginning in January 1999 as the mower will be used in the maintenance of the Cloisters Park. Ms. Lueker recommended the City Council authorize staff to go out to bid for the replacement of the fine-cut flail mower. • MOTION: Councilmember Elliott moved the City Council authorize staff to go out to bid for the replacement of the fine-cut flail mower. The motion was seconded by Councilmember Peirce and carried unanimously. (5-0) C-10 STATUS REPORT ON INVOCATIONS PRESENTED AT CITY COUNCIL MEETINGS; (SCHULTZ) City Attorney Robert Schultz reviewed the status report on invocations presented at City Council meetings. This was an informational item, and no action was necessary. 13 • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - SEPTEMBER 14, 1998 1�►L�ld/_:i��Y�►1�Y.y D-1 APPOINTMENT OF VOTING DELEGATE FOR LEAGUE OF CALIFORNIA CITIES CONFERENCE; (ADMIN) Mayor Novak stated the League of California Cities Annual Conference is scheduled for October 2 - 4, 1998 in Long Beach. She said the League has requested the City appoint a voting delegate to attend the conference. MOTION: Councilmember Peters moved the City Council appoint Councilmember Elliott to serve as the City's voting delegate at the Annual League of California Cities Conference; and appoint City Attorney Robert Schultz as the alternate voting delegate. The motion was seconded by Councilmember Peirce and carried unanimously. (5-0) D-2 APPOINTMENT OF CITY REPRESENTATIVE TO SERVE ON THE ECONOMIC OPPORTUNITY COMMISSION; (ADMIN) • Councilmember Peters stated due to scheduling conflicts, she has been unable to attend Economic Opportunity Commission meetings. She requested the City Council appoint an alternate representative to fulfill the remainder of her term on this Commission. The City Council requested Councilmember Peters maintain her position as representative, and appointed Councilmember Elliott to serve as her alternate when she is unable to attend meetings. MOTION: Councilmember Peirce moved the City Council appoint Councilmember Elliott as alternate representative for the Economic Opportunity Commission. The motion was seconded by Councilmember Peters and carried unanimously. (5-0) F. ADJOURNMENT The meeting adjourned at 11:00 p.m. -(Recorded by: • Bridgett Bauer City Clerk 14 City of Morro Bay City Council Agenda Mission Statement The City of Mono Bay is dadiaatcd to the preservation and enhancement of the qualify of life. The City shall be committed to this purpose and will provide a 1=9 of municipal service and safety content with and responsive to the needs of the public. SPECIAL MEETING - AUGUST 17,1998; 5:00 P.M. VETERANS MEMORIAL HALL 209 SURF ST., MORRO BAY, CA ESTABLISH QUORUM AND CALL TO ORDER PUBLIC COMMENT PERIOD - Members of the audience wishing to address the Council on City business matters (other than Public Hearing items under Section B) may do so at this time. • To increase the effectiveness of the Public Comment Period, the following rules shall be followed: • When recognized by the Mayor, please come forward to the podium and state your name and address for the record. Comments are to be limited to three minutes. • All remarks shall be addressed to Council, as a whole, and not to any individual member thereof • No person shall be permitted to make slanderous, profane or personal remarks - against any elected official, commission and/or staff. Unless an item is pulled for separate action by the City Council, the following actions are approved without discussion. A-1 APPROVAL OF MINUTES OF THE JULY 27, 1998 REGULAR CITY COUNCIL MEETING; (BAUER) RECOMMENDATION: Approve as submitted. Cl A-2 RESOLUTION NO. 78-98 APPROVING SUBLEASE FOR A PORTION OF • LEASE SITE 87-88/87W-88W; (ALGERT) RECOMMENDATION: Adopt Resolution No. 78-98 authorizing a sublease agreement between George Leage and Gemma Lundblade dba Sea Gems Treasure Dress Shop. A-3 RESOLUTION NO. 79-98 APPROVING SUBLEASE FOR LEASE SITE 68-68W; (ALGERT) RECOMMENDATION: Adopt Resolution No. 79-98 authorizing a sublease agreement between the Held Family Trust and Richard and Darlene Rodgers dba Gold Tree Jewelers. B-1 RESOLUTION NO. 77-98: INTENT TO AMEND CONTRACT WITH PUBLIC EMPLOYEES RETIREMENT SYSTEM; AND ORDINANCE NO. 472 AUTHORIZING AMENDMENT TO CONTRACT TO ADD FOURTH LEVEL OF 1959 SURVIVOR BENEFIT FOR LOCAL FIRE MEMBERS AND RECLASSIFICATION OF HARBOR PATROL OFFICERS AS SAFETY is MEMBERS - FIRST READING/INTRODUCTION; (DAVIS) RECOMMENDATION: Adopt Resolution No. 77-98, approve first reading/ introduction of Ordinance No. 472, and approve the agreement to pool 1959 survivor benefits assets and liabilities. • C. UNFINISHED BUSINESS C-1 RESOLUTION NO. 80-98 AMENDING MASTER FEE SCHEDULE TO INCREASE HARBOR DEPARTMENT TRANSIENT SLIP FEES; (ALGERT) RECOMMENDATION: Adopt Resolution No. 80-98, and direct staff to prepare for the mid year budget review, an amendment to the FY 98/99 adopted City budget to transfer from the Harbor Fund to the General Fund an amount equal to the increased General Fund payroll cost accruing from reclassification of the Harbor Patrol to PERS Safety Status. C-2 CONSIDERATION TO AWARD CONTRACT FOR MAIN STREET BIKE PATH - PROJECT NO. PW 98-14; (BOUCHER) RECOMMENDATION: Council consider the bid report prepared by the City Engineer. 2 D. NEW BUSINESS - NONE. 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 SPECIAL MEETING - AUGUST 17, 1998 VETERANS MEMORIAL HALL - 5:00 P.M. Mayor Novak called the meeting to order at 5:00 p.m PRESENT: Cathy Novak Mayor Rodger Anderson Councilmember Dave Elliott Councilmember William Peirce Councilmember Janice Peters Councilmember STAFF: David Cole City Manager Robert Schultz City Attorney Bridgett Bauer City Clerk Rick Algert Harbor Director Bill Boucher Public Works Director Ardith Davis Personnel Officer/Risk Manager Jim Koser Finance Director • ESTABLISH QUORUM AND CALL TO ORDER Mayor Novak recommended the City Council take the agenda out of order to hear Item C-1 prior to Item 13-1; Council concurred. 101 al W6195 MUM FW1 Lynda Merrill stated the cancellation of the August City Council meetings limits public input on City issues, and regarding the City Attorney's recent resignation and reappointment of another attorney in his law firm, she feels it would be best this law firm not represent the City of Morro Bay. Ms. Merrill stated citizens on South Main Street are concerned with traffic and speed limits, and suggested an overlay approach to repair potholes. Roger Ewing requested the City expedite the process of locating a room in the Veterans' Memorial Building to store Charter Communications/Channel 54 cable television equipment. Colby Crotzer said the Main Street Bike Path should maintain its high priority because it provides a safer approach for bike riders, and he requested the hours not be limited on this bike path. 0 • A. CONSENT CALENDAR Unless an item is pulled for separate action by the City Council, the following actions are approved without discussion. A-1 APPROVAL OF MINUTES OF THE JULY 27, 1998 REGULAR CITY COUNCIL MEETING; (BAUER) RECOMMENDATION: Approve as submitted. A-2 RESOLUTION NO. 78-98 APPROVING SUBLEASE FOR A PORTION OF LEASE SITE 87-88/87W-88W; (ALGERT) RECOMMENDATION: Adopt Resolution No. 78-98 authorizing a sublease agreement between George Leage and Gemma Lundblade dba Sea Gems Treasure Dress Shop. A-3 RESOLUTION NO. 79-98 APPROVING SUBLEASE FOR LEASE SITE 68-68W; (ALGERT) RECOMMENDATION: Adopt Resolution No. 79-98 authorizing a sublease • agreement between the Held Family Trust and Richard and Darlene Rodgers dba Gold Tree Jewelers. MOTION: Councilmember Peirce moved the City Council approve the Consent Calendar. The motion was seconded by Councilmember Elliott and carried unanimously. (5-0) B-I RESOLUTION NO. 77-98: INTENT TO AMEND CONTRACT WITH PUBLIC EMPLOYEES RETIREMENT SYSTEM; AND ORDINANCE NO. 472 AUTHORIZING AMENDMENT TO CONTRACT TO ADD FOURTH LEVEL OF 1959 SURVIVOR BENEFIT FOR LOCAL FIRE MEMBERS AND RECLASSIFICATION OF HARBOR PATROL OFFICERS AS SAFETY MEMBERS - FIRST READING/INTRODUCTION; (DAVIS) The City Council reviewed the Resolution of Intention to amend the City's contract with Public Employees' Retirement System (PERS), and an Ordinance authorizing amendment to the contract to provide fourth level of 1959 survivor benefits for local fire members, and harbor officers as "local safety members". The staff report noted the fiscal impact related to this amendment would be approximately $23,329 for Fiscal Year • 1998/99 since the contract amendment will not go into effect until mid -October (the full fiscal year estimated at $31,106). In future years, annual payroll costs for safety members (fire, police, harbor) will be multiplied by an additional employer cost of 1.069%, and PA • miscellaneous payroll employer costs will decrease by 0.032%. The annual costs will be impacted by any salary and/or employee increases. The costs to the City for the 4th Level 1959 Survivor's Benefit for fire members is $3.50 per month per employee; however, the fire members have agreed to pay the total costs for this increased benefit. Staff recommended the City Council adopt Resolution No. 77-98, approve the first reading/introduction of Ordinance No. 472, and approve the agreement to pool 1959 survivor benefits assets and liabilities. Mayor Novak opened the hearing for public comment. Lynda Merrill expressed her support to reclassify the harbor patrol officers to safety status. Mayor Novak closed the public comment hearing. MOTION: Councilmember Elliott moved the City Council adopt Resolution No. 77- 98: Intention to Approve an Amendment to the Contract between the Board of Administration of the Public Employees' Retirement System and the City Council of the City of Morro Bay. The motion was seconded by Councilmember Anderson and carried unanimously. (5-0) MOTION: Councilmember Elliott moved the City Council approve the first reading • and introduction of Ordinance No. 472 authorizing an Amendment to the Contract between the Board of Administration of the Public Employees' Retirement System and the City Council of the City of Morro Bay adding Harbor as "Local Safety Members" for Local Miscellaneous Members and Fourth Level of 1959 Survivor Benefits for Local Fire Members Only. The motion was seconded by Councilmember Peirce and carried unanimously. (5-0) City Manager David Cole read Ordinance No. 472 by title and number only. MOTION: Councilmember Peirce moved the City Council approve the agreement to pool 1959 survivor benefits assets and liabilities. The motion was seconded by Councilmember Peters and carried unanimously. (5-0) C. UNFINISHED BUSINESS C-1 RESOLUTION NO. 80-98 AMENDING MASTER FEE SCHEDULE TO INCREASE HARBOR DEPARTMENT TRANSIENT SLIP FEES; (ALGERT) Harbor Director Rick Algert stated after the public hearing concerning reclassification of the City's Harbor Patrol Officers to PERS Safety Retirement Members at the July 27th • City Council meeting, Council referred staffs recommendation to fund the cost of this benefit by increasing transient slip fees to the Harbor Advisory Board for their 3 • August 6th meeting and recommended to the City Council that the Harbor Department transient slip fees be raised to $0.60 per foot per day, and $5.50 per foot per month, and that transient slip fees be reviewed again by the Harbor Advisory Board in March 1999. Mr. Algert recommended the City Council adopt Resolution No. 80-98 amending the Fiscal Year 1997/98 Master Fee Schedule, and direct staff to prepare for the mid year budget review, an amendment to the Fiscal Year 1998/99 adopted City budget to transfer from the Harbor Fund to the General Fund an amount equal to the increased General Fund payroll cost accruing from reclassification of the Harbor Patrol to PERS Safety Status. MOTION: Councilmember Anderson moved the City Council adopt Resolution No. 80-98 amending the Fiscal Year 1997/98 Master Fee Schedule to increase Harbor Department transient slip fees to $5.50 per foot per month and $0.60 per foot per day effective September 1, 1998. The motion was seconded by Councilmember Peters and carried unanimously. (5-0) MOTION: Councilmember Anderson moved the City Council direct staff to prepare for the mid -year budget review, an amendment to the Fiscal Year 1998/99 adopted City budget to transfer from the Harbor Fund to the General Fund an amount equal to the increased General Fund payroll cost accruing from reclassifying the Harbor Patrol to PERS Safety Status. The motion was • seconded by Councilmember Peters and carried unanimously. (5-0) C-2 CONSIDERATION TO AWARD CONTRACT FOR MAIN STREET BIKE PATH - PROJECT NO. PW 98-14; (BOUCHER) Public Works Director Bill Boucher stated bids for the Main Street Bike Path Project were received and opened on August 13th; two bids were received, the lower being submitted by R. Burke Corporation. He said this project is funded through Proposition 116 funds, however, the bids received exceed the available funding of $240,000. Mr. Boucher stated since Council's review of this project at the July 13th City Council meeting, several events have transpired which will delay this project. Due to this delay, he recommended the City Council reject all bids, and direct staff to re -advertise for this project in Spring 1999 for construction with inclusion of a portion of the Blending Pipeline Project. Mayor Novak addressed the following events which caused the delay in this project: 1. The Project's Revegetation Plan, submitted to the Army Corps of Engineers on July 10, 1998 was rejected by that agency on August 7th. The Plan originally proposed to replace disturbed vegetation on a 2:1 density ratio and a 1:1 area basis, but the Corps now states it will require 2:1 ratios for both density and area, as well • as a three year maintenance period. The City has not reached resolution on this matter, nor has a source of maintenance funding (not grant eligible) been identified. M • 2. The Monarch Butterfly nesting matter discussed at the meeting has reached a level of resolution with monitoring of the construction area starting in October and the ability of the monitor to order work stoppage if nesting occurs. 3. The Willow Camp Creek has stopped flowing within the last weeks. Creek flow can be expected to resume upon the commencement of rains and no work can be performed in that area while flow exists. The combination of creek flow and butterfly nesting requirements have resulted in a "construction window" narrower than that allowed for the Chorro Creek Bridge Project. Councilmember Peters suggested the revised bid not include such an expansive bridge. Councilmember Elliott said access for medical emergencies and maintenance is necessary. He requested more information from the contractors regarding their bids. Councilmember Peirce noted differences in the two bids, and asked for clarification. Councilmember Anderson asked with the project delay, if perhaps SLOCOG will issue more funding with a change in plans? Mr. Boucher responded SLOCOG staff has indicated that the existing Proposition 116 funding should not be in jeopardy as a result • of this bid rejection, and that certain additional monies may be available in the future to augment the current funding if necessary. MOTION: Councilmember Anderson moved the City Council reject all bids, and direct staff to re -advertise the Project in Spring 1999 for construction with inclusion of portion of the Blending Pipeline Project. The motion was seconded by Councilmember Elliott and carried unanimously. (5-0) D. NEW BUSINESS - None. f , 1131018:AIUSI`►IIM The meeting adjourned at 6:14 p.m. Recorded by: Bridgett Bauer City Clerk • L 5 City of Morro Bay City Council Agenda Mission Statement The City of Mono Bay is dedicated to the preservation and enhancement of the quality of lift. The City shall be committed to this purpose and will provide a Level of municipal service and safety consistent with and responsive to the needs of the public. REGULAR MEETING - JULY 27,1998; 5:00 P.M. CLOSED SESSION - JULY 27, 1998 CITY HALL CONFERENCE ROOM - 5:00 P.M. 595 HARBOR ST., MORRO BAY, CA EI U OCLI22MU-IJ STATUS REPORT ON ALL PENDING LITIGATION. This is a report on status and no action may be taken on any matter not specifically listed. Council may request a specific matter be agendized in the future for action. CS-2 GOVERNMENT CODE SECTION 54956 9(C); COUNSEL RE ARD N • POTENTIAL INITIATION OF LITIGATION. Conference with legal counsel to discuss potential initiation of litigation as to one (1) matter. CS-3 GOVERNMENT CODE SECTION 54957; PERSONNEL ISSUES Discussions of personnel issues regarding evaluation and/or appointment of one (1) public employee, the City Attorney. It is noted that the contents of Closed Session meetings are confidential and exempt from disclosure. PUBLIC SESSION - JULY 27,1998 VETERANS MEMORIAL HALL - 6:00 P.M. 209 SURF ST., MORRO BAY, CA ESTABLISH QUORUM AND CALL TO ORDER PRAYER PLEDGE OF ALLEGIANCE THOUGHT FOR THE DAY MAYOR AND COUNCILMEMBERS ANNOUNCEMENTS & PRESENTATIONS CLOSED SESSION REPORT • PUBLIC COMMENT PERIOD - Members of the audience wishing to address the Council on City business matters (other than Public Hearing items under Section B) may do so at this time. To increase the effectiveness of the Public Comment Period, the following rules shall be followed: • When recognized by the Mayor, please come forward to the podium and state your name and address for the record. Comments are to be limited to three minutes. • All remarks shall be addressed to Council, as a whole, and not to any individual member thereof. • No person shall be permitted to make slanderous, profane or personal remarks against any elected official, commission and/or staff. • Unless an item is pulled for separate action by the City Council, the following actions are approved without discussion. A-1 APPROVAL OF MINUTES FOR THE REGULAR CITY COUNCIL MEETING OF JULY 13, 1998; (BAUER) RECOMMENDATION: Approve as submitted. A-2 RESOLUTION NO. 70-98 AMENDING RESOLUTION NO. 89-97 GRANTING ONE TO FOUR YEARS ADDITIONAL SERVICE CREDIT UNDER PUBLIC EMPLOYEES RETIREMENT SYSTEM; (DAVIS) RECOMMENDATION: Adopt Resolution No. 70-98. A-3 RESOLUTION APPROVING CLAIMS SETTLEMENT AMOUNT; (HUNT) RECOMMENDATION: Adopt Resolution. A-4 RESOLUTION NO. 71-98 ADOPTING COMMUNITY PROMOTIONS COMMITTEE BY-LAWS; (COLE) • RECOMMENDATION: Adopt Resolution No. 71-98. F1 • A-5 RESOLUTION NO. 73-98 APPROVING A NEW ONE-YEAR LEASE AGREEMENT FOR A PORTION OF LEASE SITES 132W-133W (MING DYNASTY DOCK), AND TERMINATION OF THE MASTER LEASE FOR LEASE SITES 129W-133W; (ALGERT) RECOMMENDATION: Adopt Resolution No. 73-98. A-6 RESOLUTION NO. 69-98 AWARDING AFFORDABLE HOUSING IN -LIEU FUNDS TO SEQUOIA AFFORDABLE HOUSING ASSOCIATES; (NAUMAN) RECOMMENDATION: Adopt Resolution No. 69-98. A-7 PROCLAMATION DECLARING SEPTEMBER 1998 AS "U.S. CONSTITUTION MONTH'; (BAUER) RECOMMENDATION: Adopt Proclamation. B-1 CONSIDERATION OF RECLASSIFICATION OF HARBOR PATROL • OFFICERS AS SAFETY MEMBERS UNDER THE PUBLIC EMPLOYEES RETIREMENT SYSTEM; (DAVIS) RECOMMENDATION: Review report, accept public input, and direct staff accordingly B-2 APPEAL OF PLANNING COMMISSION DECISION TO UPHOLD THE PLANNING DIRECTOR'S APPROVAL OF AN ADMINISTRATIVE COASTAL DEVELOPMENT PERMIT FOR CONSTRUCTION OF A NEW SINGLE FAMILY RESIDENCE AT 371 PINEY WAY; (NAUMAN) RECOMMENDATION: Deny the appeal of Case No. CDP 14-98A thereby upholding the Planning Commission's decision to deny the appeal of the Director of Planning & Building's decision to conditionally approve the project, subject to the adopted findings and conditions contained in the Planning Commission staff report, dated June 15, 1998, and based on all oral and written testimony received. B-3 RESOLUTION NO. 72-98 ISSUING A CERTIFICATE OF PUBLIC CONVENIENCE FOR A TAXI SERVICE IN THE CITY OF MORRO BAY; (LOVEN) RECOMMENDATION: Adopt Resolution No. 72-98. 9 B-4 GRANTEE PERFORMANCE REPORT ON SEQUOIA APARTMENTS: CDBG GRANT 96-STBG-1021; (NAUMAN) RECOMMENDATION: Receive public comment; no action is necessary. B-5 GRANTEE PERFORMANCE REPORT ON RECLAMATION TECHNICAL ASSISTANCE GRANT; CDBG 97-EDBG-510; (Phase II) - THIS ITEM HAS BEEN PULLED DUE TO NEW CDBG REQUIREMENTS WHICH DO NOT REQUIRE AN ANNUAL GRANTEE PERFORMANCE REPORT FOR TECHNICAL ASSISTANCE GRANTS B-6 ORDINANCE NO. 471 REPEALING SECTIONS 2.24.010-2.24.110 (RECREATION & PARKS COMMISSION), AND REPEALING CHAPTER 15.48 (HARBOR ADVISORY BOARD) FROM THE MORRO BAY MUNICIPAL CODE (FIRST READING/INTRODUCTION); AND ADOPTING RESOLUTION NO. 74-98 ESTABLISHING BY-LAWS FOR THE HARBOR ADVISORY BOARD, AND ADOPTING RESOLUTION NO. 75-98 ESTABLISHING BY-LAWS FOR THE RECREATION & PARKS COMMISSION; (ALGERT/LUEKER) • RECOMMENDATION: Approve First Reading/Introduction of Ordinance No. 471; and Adopt Resolution Nos. 74-98 and 75-98. B-7 ORDINANCE NO. 470 ADDING CHAPTER 17.70 TO THE ZONING ORDINANCE AND AMENDING THE LOCAL COASTAL PROGRAM (CASE NO. LCP/ZOA 01-98) TO REGULATE THE ESTABLISHMENT OF ADULT ENTERTAINMENT BUSINESSES - FIRST READING/INTRODUCTION; (NAUMAN) RECOMMENDATION: Approve First Reading/Introduction of Ordinance No. 470. B-8 RESOLUTION NO. 76-98 ISSUING BLANKET ENCROACHMENT PERMIT AND MASTER USE PERMIT FOR DOWNTOWN BUSINESS ENHANCEMENT; (NAUMAN) RECOMMENDATION: Adopt Resolution No. 76-98. 0 XQUIJUMMR : h _ C-1 REPORT ON INVOCATIONS PRESENTED AT CITY COUNCIL MEETINGS; (HUNT) RECOMMENDATION: Receive report. D-1 PRESENTATION BY THE CENTRAL COAST MARITIME MUSEUM ASSOCIATION RECOMMENDATION: Receive presentation. • 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 - JULY 27, 1998 CITY HALL CONFERENCE ROOM - 5:00 P.M. Vice -Mayor Elliott called the meeting to order at 5:06 p.m. Mayor Novak and Councilmember Anderson arrived at 5:08 p.m. PRESENT: STAFF Lai 01,14MIUM-1 lei Cathy Novak Rodger Anderson Dave Elliott William Peirce Janice Peters David Cole David Hunt Mayor Councilmember Councilmember Councilmember Councilmember City Manager City Attorney MOTION: Councilmember Peirce moved the meeting be adjourned to Closed Session. The motion was seconded by Councilmember Peters and • unanimously carried. (5-0) Vice -Mayor Elliott read the Closed Session statement. CS-1 GOVERNMENT CODE SECTION 54956.9(A); CONFERENCE WITH LEGAL COUNSEL REGARDING PENDING LITIGATION. • STATUS REPORT ON ALL PENDING LITIGATION. This is a report on status and no action may be taken on any matter not specifically listed. Council may request a specific matter be agendized in the future for action. CS-2 GOVERNMENT CODE SECTION 54956.9(0); COUNSEL REGARDING POTENTIAL INITIATION OF LITIGATION. Conference with legal counsel to discuss potential initiation of litigation as to one (1) matter. CS-3 GOVERNMENT CODE SECTION 54957; PERSONNEL ISSUES. Discussions of personnel issues regarding evaluation and/or appointment of one (1) public employee, the City Attorney. The meeting adjourned to Closed Session at 5:06 p.m. and returned to regular session at 5:56 p.m. MOTION: Councilmember Peters moved the meeting be adjourned. The motion was • seconded by Councilmember Peirce and unanimously carried. (5-0) The meeting adjourned at 5:56 p.m. • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - JULY 27, 1998 VETERANS MEMORIAL HALL - 6:00 P.M. u n U Mayor Novak called the meeting to order at 6:00 p.m. PRESENT: Cathy Novak Mayor Rodger Anderson Councilmember Dave Elliott Councilmember William Peirce Councilmember Janice Peters Councilmember STAFF: David Cole David Hunt Bridgett Bauer Rick Algert Ardith Davis Greg Fuz Jeff Jones Joe Loven Andrea Lueker Shauna Nauman City Manager City Attorney City Clerk Harbor Director Personnel Officer/Risk Manager Associate Planner Fire Chief Police Chief Recreation & Parks Director Acting Planning & Building Director ESTABLISH QUORUM AND CALL TO ORDER PRAYER PLEDGE OF ALLEGIANCE THOUGHT FOR THE DAY MAYOR'S REPORTS & ANNOUNCEMENTS CLOSED SESSION REPORT - City Attorney David Hunt announced the following actions that took place in Closed Session: GOVERNMENT OD_- SECTION _ WITH LEGAL COUNSELREGARDING O► - no action ke.s CS-2 GOVERNMENT CODE SECTION 54956.9(C); COUNSEL REGARDING POTENTIAL INITIATION OF LITIGATION - on a unanimous vote, the City Council authorized the City Attorney to initiate litigation to recover costs of improvements owed to the City by Darryl Wong. CS-3 GOVERNMENT CODE SECTION 54957; PERSONNEL ISSUES - on a unanimous vote, the City Council accepted the resignation of David Hunt as City Attorney, and appointed Robert W. Schultz as City Attorney effective September 14, 1998. K • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - JULY 27, 1998 I01.34[KK630I&WL Grace Melton thanked all people involved in the placement of the stoplight at the Yerba Buena intersection. Chuck Meissner stated an ordinance addressing the posting of advertisements is needed. Colby Crotzer stated a sign is needed north of the new stoplight at Yerba Buena to attract people to business areas. He addressed the speed limit on Highway 1. Mr. Crotzer inquired if the City Council will be compensated for the month of August due to the canceled meetings. John Weathersby said the outdoor barbecue at Roses Landing is offensive to nearby residents and business people. Art Stansbury asked if a right -turn only sign could be placed at Quintana and Main Street. He also asked if a sign could be placed at the Yerba Buena exit for RV users, and further • requested that the curbs be painted at Yerba Buena/Java/Beachcomber to prohibit parking. Mr. Stansbury also addressed weekend rentals in his neighborhood, which he said is becoming a problem. • Beverly Sanderson expressed appreciation for 4th of July fireworks. She also expressed concern with the smoke problem on the Embarcadero due to the outdoor barbecue at Roses Landing. Wally McCray thanked adopt -a -tree volunteers and the Public Works Department for this program. Mayor Novak closed the public comment period. Mayor Novak responded to the inquiry on the speed limit on Highway 1, stating the way to permanently change the speed limit to 55 mph requires legislative amendment. INN-sials,1341MMUMMT-4NIZ U_ Unless an item is pulled for separate action by the City Council, the following actions are approved without discussion. 3 • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - JULY 27, 1998 A-1 APPROVAL OF MINUTES FOR THE REGULAR CITY COUNCIL MEETING OF JULY 13, 1998; (BAUER) RECOMMENDATION: Approve as submitted. A-2 RESOLUTION NO. 70-98 AMENDING RESOLUTION NO. 89-97 GRANTING ONE TO FOUR YEARS ADDITIONAL SERVICE CREDIT UNDER PUBLIC EMPLOYEES RETIREMENT SYSTEM; (DAVIS) RECOMMENDATION: Adopt Resolution No. 70-98. A-3 RESOLUTION APPROVING CLAIMS SETTLEMENT AMOUNT; (HUNT) RECOMMENDATION: This item was pulled from the agenda. A-4 RESOLUTION NO. 71-98 ADOPTING COMMUNITY PROMOTIONS COMMITTEE BY-LAWS; (COLE) • RECOMMENDATION: Adopt Resolution No. 71-98. A-5 RESOLUTION NO. 73-98 APPROVING A NEW ONE-YEAR LEASE AGREEMENT FOR A PORTION OF LEASE SITES 132W-133W (MING DYNASTY DOCK), AND TERMINATION OF THE MASTER LEASE FOR LEASE SITES 129W-133W; (ALGERT) RECOMMENDATION: Adopt Resolution No. 73-98. A-6 RESOLUTION NO. 69-98 AWARDING AFFORDABLE HOUSING IN -LIEU FUNDS TO SEQUOIA AFFORDABLE HOUSING ASSOCIATES; (NAUMAN) RECOMMENDATION: Adopt Resolution No. 69-98. A-7 PROCLAMATION DECLARING SEPTEMBER 1998 AS "U.S. CONSTITUTION MONTH"; (BAUER) RECOMMENDATION: Adopt Proclamation. Councilmember Peters pulled Item A-2 from the Consent Calendar; Councilmember • Elliott pulled Item A-4. n • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - JULY 27, 1998 MOTION: Councilmember Peters moved the City Council approve the Consent Calendar with the exception of Items A-2, A-3, and A-4. The motion was seconded by Councilmember Peirce and carried unanimously. (5-0) A-2 RESOLUTION NO. 70-98 AMENDING RESOLUTION NO. 89-97 GRANTING ONE TO FOUR YEARS ADDITIONAL SERVICE CREDIT UNDER PUBLIC EMPLOYEES RETIREMENT SYSTEM Councilmember Peters reviewed this item for public information. MOTION: Councilmember Peters moved the City Council approve Item A-2 of the Consent Calendar. The motion was seconded by Councilmember Elliott and carried unanimously. (5-0) A-4 RESOLUTION NO. 71-98 ADOPTING COMMUNITY PROMOTIONS COMMITTEE BY-LAWS; (COLE) • Councilmember Elliott addressed the Community Promotions Committee by-laws, specifically the last sentence under "Meetings" which states "The Chair may close meetings to public comment." City Attorney David Hunt recommended adding "provided that it is consistent with the Brown Act" to the end of that sentence. Council concurred. MOTION: Councilmember Elliott moved the City Council approve Item A-4 of the Consent Calendar as amended. The motion was seconded by Councilmember Peirce and carried unanimously. (5-0) Mayor Novak recommended the City Council take the agenda out of order to hear Item D-1 next; Council concurred. B-1 CONSIDERATION OF RECLASSIFICATION OF HARBOR PATROL OFFICERS AS SAFETY MEMBERS UNDER THE PUBLIC EMPLOYEES RETIREMENT SYSTEM; (DAVIS) Chief Harbor Patrol Officer Eric Endersby presented to the City Council the request to reclassify the City Harbor Patrol Officers from miscellaneous status in the PERS Retirement System to safety status. City Manager Dave Cole requested the City Council • consider this request and direct staff accordingly. Mayor Novak opened the hearing for public comment. 5 • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - JULY 27, 1998 The following people expressed support for the reclassification of the Harbor Patrol Officers to safety status: Henrietta Groot, Fire Captain Mike Pond, Tom Roff, Gene Doughty, Fred Sears, Larry Shears, Bob Kyle, John MacDonald, Jim Wood, Mary Leizear, and John LaMasters. Mayor Novak closed the public comment hearing. Mayor Novak called for a break at 7:25 p.m.; the meeting resumed at 7:43 p.m. The City Council expressed support of the request to change the status of the Harbor Patrol Officers from miscellaneous employees through the PERS Retirement System to safety status. The City Council also agreed that the funding of this reclassification should not come out of the General Fund, but should be funded through the Harbor Fund. MOTION: Mayor Novak moved the City Council approve the following: 1) refer staff's suggestion to fund the reclassification by increasing transient slip fees to the Harbor Advisory Board for consideration at their August 6, 1998 meeting; 2) set a Special City Council meeting for August 17, 1998 • to consider action on this matter; and 3) direct staff to prepare the necessary documents to amend the contract with Public Employees' Retirement System (PERS) to reclassify Harbor Patrol Officers as safety members for consideration at the special meeting on August 17, 1998, along with the Harbor Advisory Board's recommendation regarding an amendment to the Master Fee Schedule to offset the additional costs of the reclassification. The motion was seconded by Councilmember Anderson and carried unanimously. (5-0) B-2 APPEAL OF PLANNING COMMISSION DECISION TO UPHOLD THE PLANNING DIRECTOR'S APPROVAL OF AN ADMINISTRATIVE COASTAL DEVELOPMENT PERMIT FOR CONSTRUCTION OF A NEW SINGLE FAMILY RESIDENCE AT 371 PINEY WAY; (NAUMAN) Associate Planner Greg Fuz reviewed the appeal filed by Attorney Shaunna Sullivan of Sullivan & Associates, on behalf of James and Yvonne Montgomery of the decision by the Planning Commission upholding the Director of Planning & Building's approval for an Administrative Coastal Development Permit for construction of a new single family residence located at 371 Piney Way. Acting Planning and Building Director Shauna Nauman recommended the City Council deny the appeal of Case No. CDP 14-98A thereby upholding the Planning Commission's decision to deny the appeal of the Director of Planning & Building's decision to conditionally approve the project, subject to the • adopted findings and conditions contained in the Planning Commission staff report, dated June 15, 1998, and based on all oral and written testimony received. M • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - JULY 27, 1998 Mayor Novak opened the hearing for public comment. Attorney Sullivan representing the appellants James and Yvonne Montgomery, said the City Council should take into account the following points in considering the appeal: 1) essential to determine boundary lines prior to Coastal Development Permit (CDP) issuance; 2) permit allows construction of this "massive" structure within 2.5 feet of current existing boundary lines; 3) existing fence located where permit records indicate common property line should be; 4) existing improvements by appellant in disputed side yard indicate prescriptive rights; 5) 1991 Record of Survey relied upon by City - Appellant Surveyor, Lenger, disputes methodology of 1991 Record of Survey; 6) domino effect on neighborhood if fence line not recognized as correct boundary; 7) conflict in City records if fence is not recognized as correct boundary; and 8) the proposed building would not be in character with the community due to its massive size and height and has the potential to be converted into a duplex. Ms. Sullivan stated a remedy sought by the appellant is to deny the CDP until the property line dispute is resolved or place a condition on the CDP to require resolution of the boundary dispute prior to building permit issuance. • Licensed Surveyor Leonard Lenger reviewed the survey performed on this property. Applicant Richard Strasburg reviewed the design of his house, and stated that to change the plans would require a complete redesign of the plans. He offered to pay 15 hours of staff time used on this project. Harry Rogers addressed the matter of people's property rights. Mayor Novak closed the public comment hearing. The City Council was in support of upholding the Planning Commission's decision to deny the appeal of the Planning & Building Director's decision to conditionally approve this project. MOTION: Councilmember Peirce moved the City Council deny the appeal of Case No. CDP 14-98A thereby upholding the Planning Commission's decision to deny the appeal of the Director of Planning & Building's decision to conditionally approve the project, subject to the adopted findings and conditions contained in the Planning Commission staff report, dated June 15, 1998, and based on all oral and written testimony received. The motion was seconded by Councilmember Peters and carried unanimously. • (5-0) 7 . MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - JULY 27, 1998 B-3 RESOLUTION NO. 72-98 ISSUING A CERTIFICATE OF PUBLIC CONVENIENCE FOR A TAXI SERVICE IN THE CITY OF MORRO BAY; (LOVEN) Police Chief Joe Loven reviewed the request by Guy Munson and Anthony Romero, doing business as the Yellow Cab Company, for the issuance of a Certificate of Public Convenience. He stated that, if the City Council finds sufficient grounds to warrant the issuance of this Certificate, it is recommended Council adopt Resolution No. 72-98 allowing the applicant to establish a taxi service in the City of Morro Bay. Mayor Novak opened the hearing for public comment; there were no comments, and the public comment hearing was closed. The City Council discussed the rates charged by the taxicab company. Chief Loven recommended amending the resolution adding the rates to be charged at $2.00 for initial "flag drop" and $2.00 per mile, with a special one-way rate set for handicapped and seniors of a flat $6.00, or the actual meter reading, whichever is less. • MOTION: Councilmember Peters moved the City Council adopt Resolution No. 72- 98 granting a Certificate of Public Convenience and Necessity with an amendment to add the rates to be charged at $2.00 for initial "flag drop" and $2.00 per mile, with a special one-way rate set for handicapped and seniors of a flat $6.00, or the actual meter reading, whichever is less. The motion was seconded by Councilmember Anderson and carried unanimously. (5-0) B-4 GRANTEE PERFORMANCE REPORT ON SEQUOIA APARTMENTS: CDBG GRANT 96-STBG-1021; (NAUMAN) Acting Planning & Building Director Shauna Nauman reviewed the Grantee Performance Report for the State of California CDBG 1996 General Allocation Grant #96-STBG-1021 funded for the construction of the 12-unit apartment complex for affordable to low income households. Mayor Novak opened the hearing for public comment; there were no comments, and the public comment hearing was closed. This was an informational item, and no action was taken. L J 3 MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - JULY 27, 1998 B-5 GRANTEE PERFORMANCE REPORT ON RECLAMATION TECHNICAL ASSISTANCE GRANT; CDBG 97-EDBG-510; (Phase II) This item has been pulled due to new CDBG requirements which do not require an Annual Grantee Performance Report for Technical Assistance Grants. Mayor Novak called for a break at 9:02 p.m.; the meeting resumed at 9:14 p.m. B-6 ORDINANCE NO. 471 REPEALING SECTIONS 2.24.010-2.24.110 (RECREATION & PARKS COMMISSION), AND REPEALING CHAPTER 15.48 (HARBOR ADVISORY BOARD) FROM THE MORRO BAY MUNICIPAL CODE (FIRST READING/INTRODUCTION); AND ADOPTING RESOLUTION NO. 74-98 ESTABLISHING BY-LAWS FOR THE HARBOR ADVISORY BOARD, AND ADOPTING RESOLUTION NO. 75-98 ESTABLISHING BY-LAWS FOR THE RECREATION & PARKS COMMISSION; (ALGERT/LUEKER) • Recreation & Parks Director Andrea Lueker and Harbor Director Rick Algert reviewed the Ordinance repealing Sections 2.24.010-2.24.110 of Chapter 2.24 (Recreation & Parks Commission) and Chapter 15.48 (Harbor Advisory Board) of the Morro Bay Municipal Code, and recommended the City Council approve the first reading and introduction of Ordinance No. 471. They further recommended the City Council adopt Resolution No. 74-98 establishing by-laws for the Harbor Advisory Board, and adopt Resolution No. 75- 98 establishing by-laws for the Recreation & Parks Commission. Mayor Novak opened the hearing for public comment; there were no comments, and the public comment hearing was closed. MOTION: Councilmember Peirce moved the City Council approve the first reading and introduction of Ordinance No. 471 repealing Sections 2.24.010 - 2.24.110 of Chapter 2.24 (Recreation & Parks Commission) and Chapter 15.48 (Harbor Advisory Board) of the Morro Bay Municipal Code. The motion was seconded by Councilmember Elliott and carried unanimously. (5-0) City Manager Dave Cole read Ordinance No. 471 by title and number only. MOTION: Councilmember Peters moved the City Council adopt Resolution No. 74-98 establishing By -Laws for the Harbor Advisory Board, and adopt Resolution •. No. 75-98 establishing By -Laws for the Recreation & Parks Commission. The motion was seconded by Councilmember Peirce and carried unanimously. (5-0) 9 • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - JULY 27, 1998 B-7 ORDINANCE NO. 470 ADDING CHAPTER 17.70 TO THE ZONING ORDINANCE AND AMENDING THE LOCAL COASTAL PROGRAM (CASE NO. LCP/ZOA 01-98) TO REGULATE THE ESTABLISHMENT OF ADULT ENTERTAINMENT BUSINESSES - FIRST READING/INTRODUCTION; (NAUMAN) Acting Planning & Building Director Shauna Nauman reviewed Case No. LCP/ZOA 01-98 adding Chapter 17.70 and modifying Sections 17.24.140 and 150 to the Zoning Ordinance, and amending the Local Coastal Program to regulate the establishment of adult entertainment businesses in the City of Morro Bay. She recommended the City Council approve the first reading and introduction of Ordinance No. 470. Mayor Novak opened the hearing for public comment. Harry Rogers expressed support of this zoning amendment. • Mayor Novak closed the public comment hearing. MOTION: Mayor Novak moved the City Council approve the first reading and introduction of Ordinance No. 470 adding Chapter 17.70 and modifying Sections 17.24.140 and 150 to the Zoning Ordinance, and amending the Local Coastal Program to regulate the establishment of adult entertainment businesses in the City of Morro Bay. The motion was seconded by Councilmember Peirce and carried unanimously. (5-0) City Manager Dave Cole read Ordinance No. 470 by title and number only. B-8 RESOLUTION NO. 76-98 ISSUING BLANKET ENCROACHMENT PERMIT AND MASTER USE PERMIT FOR DOWNTOWN BUSINESS ENHANCEMENT; (NAUMAN) Acting Planning & Building Director Shauna Nauman reviewed the proposed Blanket Encroachment Permit and Master Use Permit for business enhancements in the designated "Old Town" area. She said businesses in this area have been taking the initiative to enhance the area and are in need of support to allow placement of furniture and planters without a time consuming permit review process. Ms. Nauman recommended the City Council adopt Resolution No. 76-98 in support of issuance of a Blanket Encroachment Permit and Master Use Permit for business enhancements in the • "Old Town" Area. Mayor Novak opened the hearing for public comment. 10 . MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - JULY 27, 1998 John Barta stated business owners should be allowed to be creative with their businesses as long as it establishes a safe environment. Jim Wood asked about sandwich board signs and asked if these would be allowed. He also asked if alcoholic beverages would be allowed outdoors. Mayor Novak closed the public comment hearing. Mayor Novak stated she has visited businesses in the downtown business district and received support in hanging banners on the flag poles outside these businesses. Councilmember Anderson stated the proposed permit process will allow businesses to make private investments to enhance the business district until the City can afford to place planters and benches on the sidewalks. Councilmember Peters stated she would like to encourage private business enhancement. She said she supports hanging banners in front of business establishments; however, they • should be hung at a lower level in order to be able to view them better. Councilmember Peters also stated that banners will offer consistency and assist in the removal of sandwich board signs. Councilmember Peirce stated he also supports banners without restricting the colors. He also agreed that private business investments should be allowed until the City can afford to place planters and benches in the business district. The City Council discussed amendments to Exhibit A addressing City -approved business identification banners, and the placement of planters to be allowed in front of a building or at, or near, the curb. MOTION: Councilmember Anderson moved the City Council adopt Resolution No. 76-98 granting Blanket Encroachment Permit and Master Use Permit for business enhancements in the "Old Town" Area, with the amended Exhibit A. The motion was seconded by Councilmember Elliott and carried unanimously. (5-0) C-1 REPORT ON INVOCATIONS PRESENTED AT CITY COUNCIL MEETINGS; (HUNT) • This item was pulled from the agenda. 11 • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - JULY 27, 1998 D. NEW BUSINESS D-1 PRESENTATION BY THE CENTRAL COAST MARITIME MUSEUM ASSOCIATION The City Council received a presentation from Larry Newland of the Central Coast Maritime Museum Association regarding the establishment of a world -class maritime museum at the Front Street parking lot. The City Council addressed issues such as parking, and the proposed location. Councilmember Peters suggested the Brannigan's Reef building as a possible location, which could also tie together the Embarcadero and Downtown area. Mayor Novak suggested the Harbor Director work with the CCMMA regarding specific issues and return to Council at the September 14, 1998 City Council meeting. • MOTION: Councilmember Peirce moved the City Council direct the Harbor Director to work with the Central Coast Maritime Museum Association regarding specific issues brought forward by Council, and return with a status report at the September 14, 1998 City Council meeting. The motion was seconded by Councilmember Elliott and carried unanimously. (5-0) The meeting adjourned at 10:22 p.m. Recorded by: Bridgett Bauer City Clerk 12 City of Morro Bay 0 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 13,1998; 5:00 P.M. CLOSED SESSION - JULY 13,1998 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: Vacant Lot Behind Blue Sail Inn Ne og tiating Parties: Harbor Director for City and Hartzel Estate Negotiations: Possible Voluntary Acquisition for Parking Lot CS-2 GOVERNMENT CODE SECTION 54957.6: CONFERENCE WITH LABOR NEGOTIATOR. Conference with the City Manager, the City's Designated Representative, for the purpose of reviewing the City's position regarding salaries, salary schedules, or compensation paid in the form of fringe benefits, and giving instructions to the Designated Representative regarding possible reopening of SEIU MOU for amendment for purposes of considering making harbor patrol officers public safety personnel. It is noted that the contents of closed session meetings are confidential and exempt from disclosure. 0 • PUBLIC SESSION - JULY 13,1998 VETERANS MEMORIAL HALL - 6:00 P.M. 209 SURF ST., MORRO BAY, CA ESTABLISH QUORUM AND CALL TO ORDER PRAYER PLEDGE OF ALLEGIANCE THOUGHT FOR THE DAY MAYOR AND COUNCILMEMBERS ANNOUNCEMENTS & PRESENTATIONS CLOSED SESSION REPORT PUBLIC COMMENT PERIOD - Members of the audience wishing to address the Council on City business matters (other than Public Hearing items under Section B) may do so at this time. To increase the effectiveness of the Public Comment Period, the following rules shall be followed: • When recognized by the Mayor, please come forward to the podium and state your name and address for the record. Comments are to be limited to three • minutes. • All remarks shall be addressed to Council, as a whole, and not to any individual member thereof. • No person shall be permitted to make slanderous, profane or personal remarks against any elected official, commission and/or staff. COUNCIL DECLARATION OF FUTURE AGENDA ITEMS A. CONSENT CALENDAR Unless an item is pulled for separate action by the City Council, the following actions are approved without discussion. A-1 APPROVAL OF MINUTES FOR THE REGULAR CITY COUNCIL MEETINGS OF JUNE 8, 1998 AND JUNE 22, 1998, AND THE SPECIAL MEETING OF JUNE 15, 1998; (BAUER) RECOMMENDATION: Approve as submitted. A-2 STATEMENT OF CASH & INVESTMENTS - JUNE 1998; (KOSER) • RECOMMENDATION: Receive for information 4 • A-3 EXPENDITURE REPORT - JUNE 1998; (KOSER) RECOMMENDATION: Approve as submitted. A-4 RESOLUTION NO. 66-98 CALLING 1998 ELECTION AND REQUESTING CONSOLIDATION WITH SAN LUIS OBISPO COUNTY; (BAUER) RECOMMENDATION: Adopt Resolution No. 66-98. A-5 RESOLUTION NO. 68-98 AWARDING CONTRACT FOR LOCAL COASTAL PLAN/GENERAL PLAN UPDATE AND CONSOLIDATION; (NAUMAN) RECOMMENDATION: Adopt Resolution No. 68-98 awarding contract to Crawford, Multari & Clark Associates. A-6 APPROVAL OF TRANSFER OF OWNERSHIP OF ASLANIDIS CORPORATION (D.B.A. RALCCO RECYCLING) TO CENTRAL COAST RECYCLING SERVICES, LLC; (BOUCHER) RECOMMENDATION: Approve the transfer in ownership of Aslanidis Corporation, the parent company of RALCCO Recycling, to Central Coast • Recycling Services, LLC. A-7 RESOLUTION NO. PROHIBITING SKATEBOARDING, SKATING AND IN - LINE SKATING AT CITY PARK; (LUEKER) - THIS ITEM HAS BEEN PULLED FROM THE AGENDA. A-8 RESOLUTION NO. APPROVING A NEW LICENSE AGREEMENT FOR A PORTION OF LEASE SITE 129-133/129W-133W: MING DYNASTY DOCK; (ALGERT) - THIS ITEM HAS BEEN PULLED FROM THE AGENDA A-9 RESOLUTION NO. 67-98 APPROVING AUTHORIZATION TO EXECUTE AN EQUIPMENT GRANT AGREEMENT WITH DEPARTMENT OF BOATING & WATERWAYS TO PURCHASE A REPLACEMENT VESSEL HULL; (ALGERT) RECOMMENDATION: Adopt Resolution No. 67-98. A-10 REPORT ON HOW CITY DEPARTMENTS ARE PREPARING FOR THE YEAR 2000 REGARDING COMPUTERS AND ELECTRICAL EQUIPMENT; (KOSER) . RECOMMENDATION: Receive report for information. 3 • B. PUBLIC HEARINGS. REPORTS & APPEARANCES B-1 ORDINANCE NO. 470 ADDING CHAPTER 17.70 TO THE ZONING ORDINANCE AND AMENDING THE LOCAL COASTAL PROGRAM (CASE NO. LCP/ZOA 01-98) TO REGULATE THE ESTABLISHMENT OF ADULT ENTERTAINMENT BUSINESSES - FIRST READING/INTRODUCTION; (NAUMAN) - THIS ITEM HAS BEEN CONTINUED TO THE JULY 27, 1998 CITY COUNCIL MEETING. C. UNFINISHED BUSINESS C-1 STATUS REPORT ON PARKING IN -LIEU PROGRAM RECOMMENDATION: Review Parking In -Lieu Fund issues, and direct staff accordingly. C-2 CANCELLATION OF AUGUST 1998 CITY COUNCIL MEETINGS; (NOVAK) RECOMMENDATION: Discuss the cancellation of the August City Council meetings. • D. NEW BUSINESS • D-1 CONSIDERATION OF AUTHORIZATION TO ADVERTISE PROJECT FOR BIDS FOR THE MAIN STREET BIKE PATH; (BOUCHER) RECOMMENDATION: Approve project plans with addition of signage, and authorize advertising for construction bids. D-2 CONSIDERATION OF REQUEST BY SEQUOIA AFFORDABLE HOUSING ASSOCIATES FOR $50,000 FROM THE CITY'S AFFORDABLE HOUSING IN -LIEU FUND TO ASSIST WITH THE CONSTRUCTION OF THE APPROVED 12-UNIT LOW-INCOME APARTMENT PROJECT LOCATED AT 375 SEQUOIA STREET; (NAUMAN) RECOMMENDATION: Award all, or a portion of, the requested $50,000 to Sequoia Affordable Housing Associates from the City's Affordable Housing In -Lieu Fund. m • D-3 RECOMMENDATION ON PARK IN -LIEU FEES VS. PARK LAND DEDICATION; (LUEKER) • • RECOMMENDATION: Review the Recreation & Parks Commission recommendation pursuant to park land dedication versus park in -lieu fee, as well as the specific recommendation regarding the Colmer subdivision, and utilize this information when subdivisions are brought forward for final approval of the City Council. D-4 SELECTION OF CITY DELEGATE TO SERVE ON THE ECONOMIC VITALITY CORPORATION BOARD; (ADMIN) RECOMMENDATION: Discuss and select City delegate. 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 - JULY 13, 1998 CITY HALL CONFERENCE ROOM - 5:00 P.M. Mayor Novak called the meeting to order at 5:00 p.m PRESENT: Cathy Novak Ma)for Rodger Anderson Councilmember Dave Elliott Councilmember William Peirce Councilmember Janice Peters Councilmember STAFF: David Cole City Manager Robert Schultz Assistant City Attorney MOTION: Councilmember Peters moved the meeting be adjourned to Closed Session. The motion was seconded by Councilmember Peirce and unanimously carried. (5-0) • Mayor Novak read the Closed Session statement. CS-1 GOVERNMENT CODE SECTION 54956.8; REAL PROPERTY TRANSACTIONS. Instructing City's real property negotiator regarding the price and terms of payment for the purchase, sale, exchange, or lease of real property as to one (1) parcel. • Property: Vacant Lot Behind Blue Sail Inn Negotiating Parties: Harbor Director for City and Hartzel Estate Negotiations: Possible Voluntary Acquisition for Parking Lot GOVERNMENT II •N CONFERENCE LABOR NEGOTIATOR. Conference with the City Manager, the City's Designated Representative, for the purpose of reviewing the City's position regarding salaries, salary schedules, or compensation paid in the form of fringe benefits, and giving instructions to the Designated Representative regarding possible reopening of SEIU MOU for • amendment for purposes of considering making harbor patrol officers public safety personnel. • • The meeting adjourned to Closed Session at 5:00 p.m. and returned to regular session at 5:56 p.m. MOTION: Councilmember Peters moved the meeting be adjourned. The motion was seconded by Councilmember Elliott and unanimously carried. (5-0) Closed Session adjourned at 5:56 p.m. to Regular Session. The Regular Session adjourned to Closed Session at 8:52 p.m. which adjourned at 9:31 p.m. MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - JULY 13, 1998 VETERANS MEMORIAL HALL - 6:00 P.M. Mayor Novak called the meeting to order at 6:00 p.m PRESENT: Cathy Novak Mayor Rodger Anderson Councilmember Dave Elliott Councilmember William Peirce Councilmember Janice Peters Councilmember STAFF: David Cole Robert Schultz Bridgett Bauer Rick Algert Janeen Burlingame Jim Koser Joe Loven Andrea Lueker Shauna Nauman Steve Sylvester City Manager Assistant City Attorney City Clerk Harbor Director Public Works Administrative Assistant Finance Director Police Chief Recreation & Parks Director Acting Planning & Building Director City Engineer ESTABLISH QUORUM AND CALL TO ORDER PRAYER PLEDGE OF ALLEGIANCE THOUGHT FOR THE DAY MAYOR'S REPORTS & ANNOUNCEMENTS CLOSED SESSION REPORT - No reportable action was taken. 2 • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - JULY 13, 1998 Grace Melton announced the City's 34th anniversary is upcoming on July 17th. Lee Greenawalt addressed the fact that the City's recycling program does not accept styrofoam items, and asked the City to investigate this issue. Harry Rogers addressed the sewer rate increase, which he thought was a percentage of water rates. Roger Ewing addressed equipment storage for Channel 54, and asked Council to expedite the expenditure for this use. Mayor Novak closed the public comment period. is A. CONSENT CALENDAR Unless an item is pulled for separate action by the City Council, the following actions are approved without discussion. A-1 APPROVAL OF MINUTES FOR THE REGULAR CITY COUNCIL MEETINGS OF JUNE 8, 1998 AND JUNE 22, 1998, AND THE SPECIAL MEETING OF JUNE 15, 1998; (BAUER) RECOMMENDATION: Approve as submitted. A-2 STATEMENT OF CASH & INVESTMENTS - JUNE 1998; (KOSER) RECOMMENDATION: Receive for information A-3 EXPENDITURE REPORT - JUNE 1998; (KOSER) RECOMMENDATION: Approve as submitted. A-4 RESOLUTION NO. 66-98 CALLING 1998 ELECTION AND REQUESTING CONSOLIDATION WITH SAN LUIS OBISPO COUNTY; (BAUER) • RECOMMENDATION: Adopt Resolution No. 66-98. 3 • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - JULY 13, 1998 A-5 RESOLUTION NO. 68-98 AWARDING CONTRACT FOR LOCAL COASTAL PLAN/GENERAL PLAN UPDATE AND CONSOLIDATION; (NAUMAN) RECOMMENDATION: Adopt Resolution No. 68-98 awarding contract to Crawford, Multari & Clark Associates. A-6 APPROVAL OF TRANSFER OF OWNERSHIP OF ASLANIDIS CORPORATION (D.B.A. RALCCO RECYCLING) TO CENTRAL COAST RECYCLING SERVICES, LLC; (BOUCHER) RECOMMENDATION: Approve the transfer in ownership of Aslanidis Corporation, the parent company of RALCCO Recycling, to Central Coast Recycling Services, LLC. A-7 RESOLUTION NO. PROHIBITING SKATEBOARDING, SKATING AND IN - LINE SKATING AT CITY PARK; (LUEKER) - THIS ITEM HAS BEEN PULLED FROM THE AGENDA. • A-8 RESOLUTION NO. APPROVING A NEW LICENSE AGREEMENT FOR A PORTION OF LEASE SITE 129-133/129W-133W: MING DYNASTY DOCK; (ALGERT) - THIS ITEM HAS BEEN PULLED FROM THE AGENDA A-9 RESOLUTION NO. 67-98 APPROVING AUTHORIZATION TO EXECUTE AN EQUIPMENT GRANT AGREEMENT WITH DEPARTMENT OF BOATING & WATERWAYS TO PURCHASE A REPLACEMENT VESSEL HULL; (ALGERT) RECOMMENDATION: Adopt Resolution No. 67-98. A-10 REPORT ON HOW CITY DEPARTMENTS ARE PREPARING FOR THE YEAR 2000 REGARDING COMPUTERS AND ELECTRICAL EQUIPMENT; (KOSER) RECOMMENDATION: Receive report for information. Councilmember Elliott pulled Item A-5 from the Consent Calendar; Councilmember Peters pulled Item A-10. MOTION: Councilmember Anderson moved the City Council approve the Consent • Calendar with the exception of Items A-5 and A-10. The motion was seconded by Councilmember Peters and carried unanimously. (5-0) n • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - JULY 13, 1998 A-5 RESOLUTION NO. 68-98 AWARDING CONTRACT FOR LOCAL COASTAL PLAN/GENERAL PLAN UPDATE AND CONSOLIDATION; (NAUMAN) Councilmember Elliott asked to receive a report from the interview panel who selected the consultant. Janice Peters, John Barta and Jim Wood reviewed their reasons for recommending the contract be awarded to Multari, Crawford and Clark. Mike Multari of Crawford, Multari and Clark, stated all principals of their organization will be working on this project. He noted they prepare all maps in the GIS format, and reviewed other qualifications of their organization. MOTION: Councilmember Elliott moved the City Council approve Item A-5 of the Consent Calendar. The motion was seconded by Councilmember Peters and carried unanimously. (5-0) A-10 REPORT ON HOW CITY DEPARTMENTS ARE PREPARING FOR THE • YEAR 2000 REGARDING COMPUTERS AND ELECTRICAL EQUIPMENT Councilmember Peters reviewed the report for public information, and requested staff return with an update in six months. MOTION: Councilmember Peters moved the City Council approve Item A-10 of the Consent Calendar. The motion was seconded by Councilmember Peirce and carried unanimously. (5-0) B-1 ORDINANCE NO. 470 ADDING CHAPTER 17.70 TO THE ZONING ORDINANCE AND AMENDING THE LOCAL COASTAL PROGRAM (CASE NO. LCP/ZOA 01-98) TO REGULATE THE ESTABLISHMENT OF ADULT ENTERTAINMENT BUSINESSES - FIRST READING/INTRODUCTION; (NAUMAN) - MOTION: Councilmember Peters moved the City Council continue this item to the July 27, 1998 City Council meeting. The motion was seconded by Mayor Novak and carried unanimously. (5-0) Mayor Novak recommended the City Council take the agenda out of order, and hear Item D-2 next; Council concurred. 5 • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - JULY 13, 1998 Mayor Novak called for a break at 7:20 p.m.; the meeting resumed at 7:30 p.m. C-1 STATUS REPORT ON PARKING IN -LIEU PROGRAM City Manager Dave Cole reviewed the status of the Parking In -Lieu Fund for Council information. City Engineer Steve Sylvester reviewed the options addressed in the staff report for Council consideration. Councilmember Peirce expressed the importance of having directional signs for parking on the Embarcadero. Councilmember Elliott stated the City should be providing parking and not charging local businesses. He said prior to making any decisions on the Front Street Parking Lot, • Council should receive the presentation from the Maritime Museum Association. Councilmember Elliott stated property needs to be found for additional parking. Councilmember Peters stated she favors Option 2 in the staff report; however, she would like to receive the presentation from the Maritime Museum and hear their input regarding parking. She also said staff needs to continue looking for property within the City for additional parking. Councilmember Anderson also favors Option 2 in the staff report, and agrees that staff should move forward with locating property for additional parking. Mr. Sylvester clarified that Option 2 does not correct the drainage deficiencies; however, it does buy time with some additional parking spaces and an upgrade to the Front Street Parking Lot. Mayor Novak stated it is clear that an additional option is needed for Council review, and recommended the City Council receive the presentation from the Maritime Museum prior to making any further decisions. MOTION: Councilmember Peters moved the City Council approve to commit the funding for the Front Street Parking Lot to the extent determined after • hearing the presentation from the Central Coast Maritime Museum Association. The motion was seconded by Councilmember Anderson and carried unanimously. (5-0) 3 • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - JULY 13, 1998 Mayor Novak recommended the City Council delay hearing Item C-2 to the end of the agenda; Council concurred. C-2 CANCELLATION OF AUGUST 1998 CITY COUNCIL MEETINGS; (NOVAK) Mayor Novak stated there are large projects coming up which will require additional staff time, and proposed the City Council consider the cancellation of the August City Council meetings in order to give staff more time to work on these projects. City Engineer Steve Sylvester noted the approval of the Main Street Bike Path is scheduled in August in order to meet the timelines for opening construction bids. City Manager Dave Cole suggested the City Council schedule a Special Meeting on August 17th, prior to the Planning Commission meeting, in order to approve the Main Street Bike Path Project in time to open bids; Council concurred. • MOTION: Councilmember Elliott moved the City Council cancel the two regularly scheduled City Council meetings in August 1998. The motion was seconded by Councilmember Peirce and carried unanimously. (5-0) D-1 CONSIDERATION OF AUTHORIZATION TO ADVERTISE PROJECT FOR BIDS FOR THE MAIN STREET BIKE PATH; (BOUCHER) City Engineer Steve Sylvester reviewed the plans for the Main Street Bike Path Project which is funded by State Proposition 116 funds. He noted an estimated $56,200 more would be needed for lighting; however, the present funding will accommodate increased signage. He recommended the City Council consider whether the plans should be amended to include lighting which would result in delays for fund acquisition and design, or whether signage would provide an adequate alternative; and, authorize staff to advertise for bids for this project. Councilmember Peters stated it would be a good idea to have the signs printed in English and Spanish. She also said it would be a benefit to have lights for safety purposes, but it is not affordable. • Councilmember Peirce stated it would be helpful to place a couple of lights in the corridor for safety purposes. 7 . MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - JULY 13, 1998 Mayor Novak and Councilmember Elliott agreed there is no need to request additional funding for lights. Councilmember Anderson clarified why the funding was made for this Class I Bike Lane. MOTION: Councilmember Anderson moved the City Council approve the Main Street Bike Path Project plans, with the addition of international signage, and authorize staff to advertise for construction bids. The motion was seconded by Councilmember Peters and carried unanimously. (5-0) D-2 CONSIDERATION OF REQUEST BY SEQUOIA AFFORDABLE HOUSING ASSOCIATES FOR $50,000 FROM THE CITY'S AFFORDABLE HOUSING IN -LIEU FUND TO ASSIST WITH THE CONSTRUCTION OF THE APPROVED 12-UNIT LOW-INCOME APARTMENT PROJECT LOCATED AT 375 SEQUOIA STREET; (NAUMAN) Acting Planning & Building Director Shauna Nauman reviewed the request by Sequoia • Affordable Housing Associates for $50,000 from the City's Affordable Housing In -Lieu Fund to assist with the construction of a 12-unit low-income apartment project located at 375 Sequoia Street. She recommended the City Council award all, or a portion of, the requested $50,000 to Sequoia Affordable Housing Associates from the City's Affordable Housing In -Lieu Fund. The City Council expressed support for the award of the requested funds for this project. MOTION: Councilmember Peters moved the City Council award $50,000 from the City's Affordable Housing In -Lieu Fund to Sequoia Affordable Housing Associates for the construction of a 12-unit low-income apartment project located at 375 Sequoia Street; and, requested staff return to the next City Council meeting with a resolution authorizing the award of these funds. The motion was seconded by Councilmember Anderson and carried unanimously. (5-0) D-3 RECOMMENDATION ON PARK IN -LIEU FEES VS. PARK LAND DEDICATION; (LUEKER) Recreation & Parks Director Andrea Lueker reviewed the concept of park land dedication versus park in -lieu fees, and stated the Recreation & Parks Commission recommended to IS the City Council the general acceptance of park in -lieu fees rather than park land dedication in subdivisions with less than 50 parcels. She said the Commission also recommended to the City Council that they (the Commission) review each proposed H MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - JULY 13, 1998 subdivision in terns of accepting park in -lieu fees or park land, and provide a recommendation to the Planning Commission prior to City Council final approval of a tentative map. Ms. Lueker stated the Recreation & Parks Commission reviewed a specific subdivision with less than 50 parcels (Colmer), and the Commission recommended the acceptance of a 1.11 acre park site with the conditions the developer and the Recreation and Parks Department work together to ensure minimal maintenance landscaping, and further recommended the City Council amend the budget or create an assessment district to fund the maintenance. This was an informational item; no action was necessary. D-4 SELECTION OF CITY DELEGATE TO SERVE ON THE ECONOMIC VITALITY CORPORATION BOARD; (ADMIN) isDue to scheduling conflicts, Councilmember Elliott said he will no longer be able to serve on this Board, and requested the City Council select another Councilmember to serve as the City delegate. The City Council selected Councilmember Anderson to serve as the City delegate, and Councilmember Elliott will serve as alternate. W 10 0 ,i 13 re : u_ 1 The meeting adjourned to Closed Session at 8:52 p.m. Recorded by: Bridgett Bauer City Clerk 0- to City of Morro Bay City Council Agenda Mission Statement The City of Morro Say is deiimted 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 raponsm to the nerds of the public. REGULAR MEETING - JUNE 22,1998; 5:00 P.M. CLOSED SESSION - JUNE 22,1998 CITY HALL CONFERENCE ROOM - 5:00 P.M. 595 HARBOR ST., MORRO BAY, CA CS-1 GOVERNMENT CODE SECTION 54956 9(A)• CONFERENCE WITH LEGAL COUNSEL REGARDING PENDING LITIGATION City of Morro Bay v. Hulse, San Luis Obispo Superior Court Case No. CV 980185 • CS-2 GOVERNMENT CODE SECTION 54957.6: CONFERENCE WITH LABOR NEGOTIATOR. Conference with the City Manager, the City's Designated Representative, for the purpose of reviewing the City's position regarding salaries, salary schedules, or compensation paid in the form of fringe benefits, and giving instructions to the Designated Representative. It is noted that the contents of closed session meetings are confidential and exempt from disclosure. PUBLIC SESSION - JUNE 22,1998 VETERANS MEMORIAL HALL - 6:00 P.M. 209 SURF ST., MORRO BAY, CA ESTABLISH QUORUM AND CALL TO ORDER PRAYER PLEDGE OF ALLEGIANCE THOUGHT FOR THE DAY MAYOR AND COUNCILMEMBERS ANNOUNCEMENTS & PRESENTATIONS CLOSED SESSION REPORT 0 • 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 40 Unless an item is pulled for separate action by the City Council, the following actions are approved without discussion. A-1 APPROVAL OF MINUTES FOR THE REGULAR CITY COUNCIL MEETING OF JUNE 8, 1998, THE SPECIAL MEETING OF MAY 21, 1998, AND THE BUDGET MEETING OF MAY 28, 1998; (BAUER) RECOMMENDATION: Approve as submitted. A-2 STATEMENT OF CASH & INVESTMENTS - MAY 1998; (KOSER) RECOMMENDATION: Receive for information. A-3 EXPENDITURE REPORT - MAY 1998; (KOSER) RECOMMENDATION: Approve as submitted. A-4 WASTEWATER TREATMENT PLANT JPA AUDIT REPORT FOR FISCAL YEAR 1997/98; (KOSER) RECOMMENDATION: Approve the audit report. 2 A-5 APPROVAL OF MORRO BAY HIGH SCHOOL PIRATE RECYCLING • GRANT REQUEST; (BOUCHER) RECOMMENDATION: Approve the grant request. A-6 APPROVAL FOR AGP VIDEO TO BROADCAST THE 4TH OF JULY FIREWORKS DISPLAY LIVE ON CHANNEL 54; (BOUCHER) RECOMMENDATION: Approve the live broadcast of the 4th of July fireworks display pursuant to the conditions outlined in the staff report. A-7 RESOLUTION NO. 62-98 APPROVING AUTHORIZATION TO ENTER INTO ABANDONED VESSEL GRANT CONTRACT WITH THE DEPARTMENT OF BOATING AND WATERWAYS; (ALGERT) RECOMMENDATION: Adopt Resolution No. 62-98. A-8 RESOLUTION NO. 59-98 APPROVING A NEW FIVE-YEAR MOORING AGREEMENT WITH MORRO BAY YACHT CLUB FOR THE Al-3 MOORING AREA; (ALGERT) • RECOMMENDATION: Adopt Resolution No. 59-98. A-9 RESOLUTION NO. 61-98 APPROVAL OF ASSIGNMENT OF LEASE SITE 30/30W - BEACON FUEL DOCK; (ALGERT) • RECOMMENDATION: Adopt Resolution No. 61-98. A-10 RESOLUTION NO. 65-98 DECLARING POLITENESS IN POLITICS AND FAIR CAMPAIGN PRACTICES; (ADMIN) RECOMMENDATION: Adopt Resolution No. 65-98. B. PUBLIC HEARINGS. REPORTS & APPEARANCES B-1 APPEAL OF PLANNING COMMISSION APPROVAL OF CONSTRUCTION OF FIVE NEW SINGLE FAMILY RESIDENCES AT CLOISTERS TRACT 1996: (CASE NOS. CUP 29-97/CDP 76/97R, CUP 28-97/CDP 75-97R, CUP 32-97/CDP 79-97R, CUP 26-97/CDP 73-97R, AND CUP 35-97/CDP 82-97R; (NAUMAN) RECOMMENDATION: Deny the appeals, and uphold the Planning Commission approvals of the subject permits. 3 B-2 RESOLUTION NO. 63-98 ESTABLISHING APPROPRIATION LIMITS FOR • FISCAL YEAR 1998/99; (KOSER) RECOMMENDATION: Adopt Resolution No. 63-98. B-3 RESOLUTION NO. 56-98 ORDERING THE LEVY OF THE ANNUAL ASSESSMENT FOR THE NORTH POINT NATURAL AREA LIGHTING & LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT; (LUEKER) RECOMMENDATION: Adopt Resolution No. 56-98. B-4 RESOLUTION NO. 57-98 APPROVING COASTAL RESOURCES PROGRAM GRANT APPLICATION; (NAUMAN) RECOMMENDATION: Adopt Resolution No. 57-98. B-5 RESOLUTION NO. 64-98 ESTABLISHING USER RATES FOR WASTEWATER SERVICES; (BOUCHER) RECOMMENDATION: Adopt Resolution No. 64-98. • B-6 REVIEW OF CODE ENFORCEMENT ACTION AT 430 PACIFIC STREET; (HUNT) • RECOMMENDATION: Receive report for information. C. UNFINISHED BUSINESS C-1 RESOLUTION NO. 60-98 ADOPTING FISCAL YEAR 1998/99 BUDGETS; (KOSER) RECOMMENDATION: Approve the Fiscal Year 1998/99 Budgets by adoption of Resolution No. 60-98. C-2 RESOLUTION NO. 54-98 ESTABLISHING THREE-HOUR PARKING TIME LIMIT ON THE FOUR MID-EMBARCADERO WEST SIDE STREET ENDS AND CITY -LEASED PARKING LOT NEXT TO THE SHELL SHOP; AND ORDINANCE NO. 469 REVISING SECTION 10.36.120 (CURB MARKINGS) AND SECTION 10.36.170 (FOR A LIMITED TIME) OF THE MORRO BAY MUNICIPAL CODE - SECOND READING/ADOPTION; (BOUCHER) RECOMMENDATION: Approve the second reading/adoption of Ordinance No. 469; and adopt Resolution No. 54-98, 0 • D. NEW BUSINESS D-1 RESOLUTION NO. 58-98 RELATING TO THE CLASSIFICATION, COMPENSATION AND TERMS OF EMPLOYMENT OF THE MORRO BAY FIRE FIGHTERS; (DAVIS) RECOMMENDATION: Adopt Resolution No. 58-98; approve the Side Letter to the MOU with the Fire Fighters; and, extend approval of the Side Letter provisions to the Miscellaneous, Confidential, and Police Units. E. ADJOURNMENT THIS AGENDA IS SUBJECT TO AMENDMENT UP TO 72 HOURS PRIOR TO THE DATE AND TIME SET FOR THE MEETING. PLEASE REFER TO THE AGENDA POSTED AT CITY HALL FOR ANY REVISIONS OR CALL THE CLERK'S OFFICE AT 772-6200 FOR FURTHER INFORMATION. • COPIES OF STAFF REPORTS OR OTHER PUBLIC DOCUMENTATION RELATING TO EACH ITEM OF BUSINESS REFERRED TO ON THIS AGENDA ARE ON FILE IN THE OFFICE OF THE CITY CLERK AND AVAILABLE FOR PUBLIC INSPECTION AND REPRODUCTION AT COST AT CITY HALL, LIBRARY, AND MILLS STATIONERY. IN COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT, IF YOU NEED SPECIAL ASSISTANCE TO PARTICIPATE IN A CITY MEETING, PLEASE CONTACT THE CITY CLERK'S OFFICE AT LEAST 24 HOURS PRIOR TO THE MEETING TO INSURE THAT REASONABLE ARRANGEMENTS CAN BE MADE TO PROVIDE ACCESSIBILITY TO THE MEETING. • 5 • MINUTES - MORRO BAY CITY COUNCIL CLOSED SESSION - JUNE 22, 1998 CITY HALL CONFERENCE ROOM - 5:00 P.M. Mayor Novak called the meeting to order at 5:00 p.m PRESENT: Cathy Novak Mayor Rodger Anderson Councilmember Dave Elliott Councilmember William Peirce Councilmember Janice Peters Councilmember STAFF: David Cole City Manager David Hunt City Attorney Ardith Davis Personnel Officer CLOSED SESSION MOTION: Councilmember Peters moved the meeting be adjourned to Closed Session. The motion was seconded by Councilmember Peirce and unanimously carried. (5-0) • Mayor Novak read the Closed Session statement. CS-1 GOVERNMENT CODE SECTION 54956.9(A): CONFERENCE WITH LEGAL COUNSEL REGARDING PENDING LITIGATION • City of Morro Bay v. Hulse, San Luis Obispo Superior Court Case No. CV 980185 CS-2 GOVERNMENT CODE SECTION 54957.6: CONFERENCE WITH LABOR NEGOTIATOR. Conference with the City Manager, the City's Designated Representative, for the purpose of reviewing the City's position regarding salaries, salary schedules, or compensation paid in the form of fringe benefits, and giving instructions to the Designated Representative. The meeting adjourned to Closed Session at 5:00 p.m. and returned to regular session at 5:10 p.m. MOTION: Councilmember Anderson moved the meeting be adjourned. The motion was seconded by Councilmember Peirce and unanimously carried. (5-0) • The meeting adjourned at 5:10 p.m. • • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - JUNE 22, 1998 VETERANS MEMORIAL HALL - 6:00 P.M. Mayor Novak called the meeting to order at 6:00 p.m PRESENT: Cathy Novak Mayor Rodger Anderson Councilmember Dave Elliott Councilmember William Peirce Councilmember Janice Peters Councilmember STAFF: David Cole David Hunt Rob Schultz Bridgett Bauer Rick Algert Bill Boucher Janeen Burlingame Jeff Jones Jim Koser Joe Loven Andrea Lueker Shauna Nauman City Manager City Attorney Assistant City Attorney City Clerk Harbor Director Public Works Director Public Works Administrative Assistant Fire Chief Finance Director Police Chief Recreation & Parks Director Acting Planning & Building Director ESTABLISH QUORUM AND CALL TO ORDER PRAYER PLEDGE OF ALLEGIANCE THOUGHT FOR THE DAY MAYOR'S REPORTS & ANNOUNCEMENTS CLOSED SESSION REPORT - None. PUBLIC COMMENT Colby Crotzer addressed Item B-1 (Appeal of Planning Commission Approvals of Construction of Five New Single Family Residences at Cloisters Tract 1996) and stated the importance of maintaining the coastal viewshed from Highway One. He noted water conservation should be a top priority in the City. Grace Melton announced a garage sale and bake sale will be held on Saturday, June 27, 1998 as a fundraiser to benefit the Neighborhood Watch Program. She also noted the Program needs more Block Captains. Barbara Keshan recommended stop signs be placed at the Radcliffe/Main Street intersection. 0 • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - JUNE 22, 1998 Barbara Playan announced the Yerba Buena/Highway One traffic signal may be in by the end of July. She also said the City has been working on pothole repairs, and encouraged the Highway One speed reduction. Wally McCray stated ten more Adopt -A -Tree volunteers are needed. Suedene Walker stated $19,000 has been collected for the 4th of July fireworks display. Jim Nance stated he opposes reducing the speed limit on Highway One to 55 mph. He also said something needs to be done about the City's infrastructure. John Barta addressed Item C-1 (Resolution No. 60-98 adopting Fiscal Year 1998/99 Budgets) stating the increase in tourist funds helps bring money into the City which assists in other needs such as the City's infrastructure. Chief Loven stated the 55 mph speed limit has been posted on Highway One to assist the • construction zone of the stop light at Yerba Buena Street. David Hunt addressed the Cloister's appeal process. Bill Boucher reviewed the study of the Radcliffe/Main Street intersection. DECLARATION OF FUTURE AGENDA ITEMS - None. A. CONSENT CALENDAR Unless an item is pulled for separate action by the City Council, the following actions are approved without discussion. A-1 APPROVAL OF MINUTES FOR THE REGULAR CITY COUNCIL MEETING OF JUNE 8, 1998, THE SPECIAL MEETING OF MAY 21, 1998, AND THE BUDGET MEETING OF MAY 28, 1998; (BAUER) RECOMMENDATION: Approve as submitted. A-2 STATEMENT OF CASH & INVESTMENTS - MAY 1998; (KOSER) RECOMMENDATION: Receive for information. is • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - JUNE 22, 1998 A-3 EXPENDITURE REPORT - MAY 1998; (KOSER) RECOMMENDATION: Approve as submitted. A-4 WASTEWATER TREATMENT PLANT JPA AUDIT REPORT FOR FISCAL YEAR 1997/98; (KOSER) RECOMMENDATION: Approve the audit report. A-5 APPROVAL OF MORRO BAY HIGH SCHOOL PIRATE RECYCLING GRANT REQUEST; (BOUCHER) RECOMMENDATION: Approve the grant request. A-6 APPROVAL FOR AGP VIDEO TO BROADCAST THE 4TH OF JULY FIREWORKS DISPLAY LIVE ON CHANNEL 54; (BOUCHER) is display Approve the live broadcast of the 4th of July fireworks display pursuant to the conditions outlined in the staff report. A-7 RESOLUTION NO. 62-98 APPROVING AUTHORIZATION TO ENTER INTO ABANDONED VESSEL GRANT CONTRACT WITH THE DEPARTMENT OF BOATING AND WATERWAYS; (ALGERT) RECOMMENDATION: Adopt Resolution No. 62-98. A-8 RESOLUTION NO. 59-98 APPROVING A NEW FIVE-YEAR MOORING AGREEMENT WITH MORRO BAY YACHT CLUB FOR THE A1-3 MOORING AREA; (ALGERT) RECOMMENDATION: Adopt Resolution No. 59-98. A-9 RESOLUTION NO. 61-98 APPROVAL OF ASSIGNMENT OF LEASE SITE 30/30W - BEACON FUEL DOCK; (ALGERT) RECOMMENDATION: Adopt Resolution No. 61-98. A-10 RESOLUTION NO. 65-98 DECLARING POLITENESS IN POLITICS AND FAIR CAMPAIGN PRACTICES; (ADMIN) • RECOMMENDATION: Adopt Resolution No. 65-98. 2 • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - JUNE 22, 1998 Councilmember Peters pulled Items A-] and A-3 from the Consent Calendar; and Councilmember Anderson pulled Items A-5, A-6, A-7, A-8 and A-10. MOTION: Councilmember Peters moved the City Council approve Items A-2, A-4, and A-9 of the Consent Calendar. The motion was seconded by Councilmember Peirce and carried unanimously. (5-0) A-1 APPROVAL OF MINUTES FOR THE REGULAR CITY COUNCIL MEETING OF JUNE 8, 1998, THE SPECIAL MEETING OF MAY 21, 1998, AND THE BUDGET MEETING OF MAY 28, 1998; (BAUER) Councilmember Peters requested corrections to page 8 (Item C-2) and page 9 (Item D-2) of the June 8, 1998 minutes, and requested the corrected minutes be reagendized for approval; Council concurred. MOTION: Councilmember Peters moved the City Council approve the minutes of the May 21, 1998 and May 28, 1998 meetings. The motion was seconded by is Councilmember Peirce and carved unanimously. (5-0) A-3 EXPENDITURE REPORT - MAY 1998; (KOSER) Councilmember Peters requested clarification of the $500,000 transfer listed in the Expenditure Report. Finance Director Jim Koser responded this transfer was made for cash flow purposes. MOTION: Councilmember Peters moved the City Council approve Item A-3 of the Consent Calendar. The motion was seconded by Councilmember Elliott and carried unanimously. (5-0) A-5 APPROVAL OF MORRO BAY HIGH SCHOOL PIRATE RECYCLING GRANT REQUEST; (BOUCHER) Councilmember Anderson asked if the school district is participating in this recycling grant proposal. Public Works Director Bill Boucher responded the school district has a Solid Waste Management Plan of their own and chose not to participate in Morro Bay High School's recycling program. MOTION: Councilmember Anderson moved the City Council approve Item A-5 of the Consent Calendar. The motion was seconded by Councilmember • Peters and carried unanimously. (5-0) 5 • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - JUNE 22, 1998 A-6 APPROVAL FOR AGP VIDEO TO BROADCAST THE 4TH OF JULY FIREWORKS DISPLAY LIVE ON CHANNEL 54; (BOUCHER) Councilmember Anderson addressed staffs recommended conditions of approval for broadcasting the 4th of July Fireworks, and suggested since this is a public community event that Council approve the broadcasting of the events that will take place during the day. MOTION: Councilmember Anderson moved the City Council approve Item A-6 of the Consent Calendar with the modification to the conditions of approval to allow the broadcasting of the events that take place throughout the day on the 4th of July. The motion was seconded by Councilmember Peters and carried unanimously. (5-0) A-7 RESOLUTION NO. 62-98 APPROVING AUTHORIZATION TO ENTER INTO ABANDONED VESSEL GRANT CONTRACT WITH THE DEPARTMENT OF BOATING AND WATERWAYS; (ALGERT) is Councilmember Anderson requested staff clarification on this proposed grant. Harbor Director Rick Algert responded this grant is offered for the abandonment of recreational boats, and funds which are expended on abandonment of these vessels will be reimbursed by the Department of Boating and Waterways. MOTION: Councilmember Anderson moved the City Council approve Item A-7 of the Consent Calendar. The motion was seconded by Councilmember Peters and carried unanimously. (5-0) A-8 RESOLUTION NO. 59-98 APPROVING A NEW FIVE-YEAR MOORING AGREEMENT WITH MORRO BAY YACHT CLUB FOR THE Al-3 MOORING AREA; (ALGERT) Councilmember Peirce stepped down on this item due to a conflict of interest. Councilmember Anderson stated the Morro Bay Yacht Club serves not only local yacht members, but also transient yachts, and recommended its approval. MOTION: Councilmember Anderson moved the City Council approve Item A-8 of the Consent Calendar. The motion was seconded by Councilmember Peters and carried with Councilmember Peirce abstaining. (4-0-1) • C • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - JUNE 22, 1998 A-10 RESOLUTION NO. 65-98 DECLARING POLITENESS IN POLITICS AND FAIR CAMPAIGN PRACTICES; (ADMIN) Councilmember Anderson noted a typographical error on Finding #1 of Resolution No. 65-98. MOTION: Councilmember Anderson moved the City Council approve Item A-10 of the Consent Calendar as amended. The motion was seconded by Councilmember Peirce and carried unanimously. (5-0) Mayor Novak requested the City Council take the agenda out of order to hear Item B-6 prior to Item B-1; Council concurred. Mayor Novak called for a break at 7:10 p.m.; the meeting resumed at 7:20 p.m. B. PUBLIC HEARINGS, REPORTS & APPEARANCES • B-1 APPEAL OF PLANNING COMMISSION APPROVAL OF CONSTRUCTION OF FIVE NEW SINGLE FAMILY RESIDENCES AT CLOISTERS TRACT 1996: (CASE NOS. CUP 29-97/CDP 76/97R, CUP 28-97/CDP 75-97R, CUP 32- 97/CDP 79-97R, CUP 26-97/CDP 73-97R, AND CUP 35-97/CDP 82-97R; (NAUMAN) Acting Planning and Building Director Shauna Nauman stated appeals have been filed by Warren Dorn and Ned Rogoway of the Planning Commission's conditional approval of five houses in the Cloister's subdivision, and an appeal has been filed by Bernie Melvin on the Planning Commission's approval of two houses in the Cloister's subdivision. City Attorney David Hunt recommended the City Council make a motion in order to avoid future appeals with the same findings which have been previously heard by Council. He said if the City Council does approve the suggested motion, the only issues to be considered by Council tonight would be based on Measure I and Policy 3.05. MOTION: Councilmember Elliott moved the City Council, based on the legal doctrine of administrative res judicata/collateral estoppel, determines the grounds for the appeal, except for Measure I and LCP Policy 3.05, have already been decided and no further evidence or testimony as to these issues will be heard. Further, that the public hearing testimony shall be only that relative to the two new issues alleged in these appeals, which are . "Failure of the City Council to fulfill the mandate of Measure I and noncompliance with Policy 3.05 of the LCP". The motion was seconded by Councilmember Anderson and carried unanimously. (5-0) 7 • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - JUNE 22, 1998 Ms. Nauman stated the appellants filed an appeal based on the following grounds: 1) failure to fulfill the mandates of Measure 1; and 2) non-compliance with Policy 3.05 of the City of Morro Bay Local Coastal Plan. She recommended the City Council deny the appeals, and uphold the Planning Commission's action approving the construction of five new single family residences at Cloisters Tract 1996. Mayor Novak opened the hearing for public comment. Bill Walter, representing the owners of the Cloister's Project, stated the owners of this project agree with staffs recommendations, and also find the issues raised by these appeals have no merit and show bad faith abuse of the administrative process. He said with regard to the issue regarding Measure I, it is hard to articulate what the coherent argument is that supports this argument. Mr. Walter stated the owners are applying for the retrofit program which comply with the current standards, and are retrofitting twice as much as they would actually consume. He said the real issue is one of discrimination and fairness; the property owners of the Cloister subdivision is no different than any other property owner in the City that is applying for water equivalencies to obtain a building • permit. Mr. Walter referred to Policy 3.05 regarding a five-year capital improvement plan, and said that was never a condition of this subdivision project because it has no relationship to a resubdivision project. He said throughout the numerous hearings on this project, identified mitigations and potential impacts on infrastructure were discussed, and in turn became project conditions which were met. Mr. Walter stated the property owners have spent great sums of money on City infrastructure and provided a public park with a parking lot and public restrooms. He said the property owners have received approval from every conceivable governmental agency for this project, and have offered to dedicate the Environmentally Sensitive Habitat Area to the State Department of Parks and Recreation, and have given the central portions of the property to the City at no public cost. In conclusion, Mr. Walter asked for Council support, and stated the property owners of this project only ask to be able to sell lots to people who want to live in the City of Morro Bay. Harry Rogers stated these appeals are not about water shortage or the impact on the City's infrastructure, however, it is political pressure. He requested the City Council deny the appeals and uphold the Planning Commission's approval of these permits. Mayor Novak closed the public comment hearing. • • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - NNE 22, 1998 Councilmember Peters referred to a letter written by Morro Bay Beautiful which Mr. Rogoway states ".....he feels it appropriate to set the record straight to officials of the City, in spite of listening to their arrogant ridicule of their actions at public meetings...."; which Councilmember Peters stated she takes offense to this statement, and that the City Council has listened to everyone's point of view relating to this project. She said there is a Water Allocation Plan in place with conservation being a top priority, and there is no reason to not allow building based on this plan. Councilmember Anderson stated this project meets the guidelines and is a much lower density from the projects proposed in the early 1980's. He said this project offers a wide open beautiful neighborhood and supports the issuance of these building permits. Councilmember Elliott stated these appeals are costing all citizens in the City based on staff and attorney time. The building of this development is based on the present Water Allocation Plan which has been previously approved, and he supports staff s recommendations to deny the appeals and uphold the Planning Commission's approval of these building permits. Councilmember Peirce stated the basis of these appeals is based on erroneous information and is a waste of City time. He also said he supports the issuance of these building permits. Mayor Novak agreed with Council's comments and referred to issues raised by the appellants in order to clarify any misconceptions about the City's process in the approval of this project. MOTION: Councilmember Elliott moved the City Council deny the appeals of Case Nos. CUP 29-97/CDP 76/97R, CUP 28-97/CDP 75-97R, CUP 32-97/CDP 79-97R, CUP 26-97/CDP 73-97R, AND CUP 35-97/CDP 82-97R thereby upholding the Planning Commission approvals, including the adopted findings and conditions contained in the original staff reports, and based on all oral and written testimony received. The motion was seconded by Councilmember Anderson and carried unanimously. (5-0) MOTION: Councilmember Anderson moved the City Council direct the Acting Planning and Building Director to reject any further appeals filed that state grounds already decided by the City Council. The motion was seconded • by Councilmember Elliott and carried unanimously. (5-0) X • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - JUNE 22, 1998 B-2 RESOLUTION NO. 63-98 ESTABLISHING APPROPRIATION LIMITS FOR FISCAL YEAR 1998/99; (KOSER) Finance Director Jim Koser reviewed the Appropriation Limits for Fiscal Year 1998/99 and recommended the City Council's approval by adoption of Resolution No. 63-98. Mayor Novak opened the hearing for public comment; there were no comments, and the public hearing was closed. MOTION: Councilmember Peters moved the City Council adopt Resolution No. 63-98 establishing Appropriation Limits for Fiscal Year 1998/99. The motion was seconded by Councilmember Elliott and carried unanimously. (5-0) B-3 RESOLUTION NO. 56-98 ORDERING THE LEVY OF THE ANNUAL ASSESSMENT FOR THE NORTH POINT NATURAL AREA LIGHTING & LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT; (LUEKER) • Recreation & Parks Director Andrea Lueker reviewed and recommended the adoption of Resolution No. 56-98 ordering the levy of the Annual Assessment for the North Point Natural Area Landscaping and Lighting Maintenance Assessment District. She stated, with this approval, the City will collect $5,645 through an assessment of all parcel owners in the North Point Subdivision for the maintenance of the North Point Natural Area. • Mayor Novak opened the hearing for public comment. Harry Rogers expressed his opposition to this and all assessment districts in the City. Jim Wood addressed the many signs posted at this location and throughout the City. John Barta encouraged the City Council to continue this item until the property owner can be present to address this issue. Mayor Novak closed the public comment hearing. Mayor Novak stated she supports the property owner to provide a more cost-effective way to maintain this natural area; until then, she supports this assessment district. 10 • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - NNE 22, 1998 Councilmember Peters stated this public use area is a way to give back to the public for what they have given up by allowing the construction of homes in a coastal view area. She expressed support for the approval of this assessment district, stating she also supports the property owner contracting with a private contractor to maintain this natural area, as approved by the City, if it is more cost effective. Councilmember Elliott reviewed the charges to the North Point Natural Area. He expressed opposition to the collection of these assessment fees. Councilmember Anderson stated this was a negotiated agreement with the property owner of the North Point Subdivision, and the assessment district should be upheld and maintained as agreed. Councilmember Peirce asked about the City's cost for standby time of a vehicle used in the maintenance of a park. Ms. Lueker responded an hourly rate is charged to each assessment district when maintaining a public use area. • MOTION: Councilmember Anderson moved the City Council adopt Resolution No. 56-98 ordering the Levy of the Annual Assessment for the North Point Natural Area Landscaping and Lighting Maintenance Assessment District. The motion was seconded by Councilmember Peters and carried with Councilmember Elliott and Councilmember Peirce voting no. (3-2) Mayor Novak called for a break at 8:50 p.m.; the meeting resumed at 9:04 p.m. B-4 RESOLUTION NO. 57-98 APPROVING COASTAL RESOURCES PROGRAM GRANT APPLICATION; (ALGERT) Harbor Director Rick Algert stated the City dock at the foot of the North T-Pier has seen the failure of four different operators in the last 15 years due to the high cost of maintenance and operation on the site. He said the dock has accumulated deferred maintenance so that current repair cost estimates exceed $300,000. Mr. Algert stated the current operator has requested the City terminate their existing agreement and have the dock improvements revert to City ownership. He said a grant application is proposed to acquire funds for the City to repair the dock. Mr. Algert noted if the City receives the grant and can execute repairs, the dock has a much higher likelihood of being successfully leased out to a new full service fish buyer in the future. He recommended the City Council adopt Resolution No. 57-98 authorizing application for $281,500 grant from the Coastal Resources Grant program. • • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - JUNE 22, 1998 Mayor Novak opened the hearing for public comment; there were no comments and the public hearing was closed. Council consensus was in support of this grant program application. MOTION: Councilmember Peirce moved the City Council adopt Resolution No. 57-98 approving the application for grant funds for the Coastal Resources Grant Program under Section 35030/35031 of the Public Resources Code for the reconstruction of the City dock located at 1250 Embarcadero. The motion was seconded by Councilmember Elliott and carried unanimously. (5-0) B-5 RESOLUTION NO. 64-98 ESTABLISHING USER RATES FOR WASTEWATER SERVICES; (BOUCHER) Public Works Director Bill Boucher reviewed the proposed rate increase of 15% for the first year, and 10% for two successive years and 5% in the fourth year. He said the proposed increase will both serve the operational requirements of the Wastewater • Collection and Wastewater Treatment Divisions, and also provide a means through which the current and past loans from the Wastewater Capital Improvement Fund can be repaid. Mr. Boucher stated staff and the Public Works Advisory Board recommend the City Council accept the Wastewater Revenue Study and increase wastewater rates through the adoption of Resolution No. 64-98. Mayor Novak opened the hearing for public comment. Harry Rogers stated it is easy to analyze the necessity of this rate increase. John Barta stated the community needs to share in costs to save for tomorrow. Jim Wood questioned the proposed rates for different commercial businesses (seafood processors will pay more than most other businesses). Neil Farrell reminisced a story he wrote in 1992 regarding a house flooded with sewage. Mayor Novak closed the public comment hearing. The consensus of Council was in approval of the proposed wastewater rate increases; however, with the amendment to maintain the single family residential and multi -family residential surcharge at 10 ccf. • 12 MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - JUNE 22, 1998 MOTION: Councilmember Peirce moved the City Council adopt Resolution No. 64-98 establishing user rates for wastewater services, with an amendment to maintain the single family residential and multi -family residential surcharge at 10 ccf. The motion was seconded by Councilmember Elliott and carried unanimously. (5-0) B-6 REVIEW OF CODE ENFORCEMENT ACTION AT 430 PACIFIC STREET; (HUNT) City Attorney Rob Schultz reviewed the abatement procedures for 430 Pacific Street. This was an informational item and no action by the City Council was necessary. The City Council received the report and no further action was taken. C. UNFINISHED BUSINESS C-1 RESOLUTION NO. 60-98 ADOPTING FISCAL YEAR 1998/99 BUDGETS; • (KOSER) Finance Director Jim Koser presented the Fiscal Year 1998/99 Budgets as previously reviewed by the City Council and recommended adoption by approval of Resolution No. 60-98. MOTION: Councilmember Peters moved the City Council adopt Resolution No. 60-98 approving the Operating and Capital Improvement Budgets and making Appropriations for Fiscal Year 1998/99. The motion was seconded by Councilmember Peirce and carried unanimously. (5-0) C-2 RESOLUTION NO. 54-98 ESTABLISHING THREE-HOUR PARKING TIME LIMIT ON THE FOUR MID-EMBARCADERO WEST SIDE STREET ENDS AND CITY -LEASED PARKING LOT NEXT TO THE SHELL SHOP; AND ORDINANCE NO. 469 REVISING SECTION 10.36.120 (CURB MARKINGS) AND SECTION 10.36.170 (FOR A LIMITED TIME) OF THE MORRO BAY MUNICIPAL CODE - SECOND READING/ADOPTION; (BOUCHER) Public Works Director Bill Boucher recommended approval of the second reading and adoption of Ordinance No. 469 revising Section 10.36.120 (Curb Markings) and Section 10.36.170 (For a Limited Time) of the Mono Bay Municipal Code, and adoption of • Resolution No. 54-98 establishing Three -Hour Parking Time Limit on the Four Mid- Embarcadero West Side Street Ends and City -Leased Parking Lot next to the Shell Shop. 13 • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - JUNE 22, 1998 MOTION: Councilmember Peirce moved the City Council approve the second reading and adoption of Ordinance No. 469 revising Section 10.36.120 (Curb Markings) and Section 10.36.170 (For a Limited Time) of the Morro Bay Municipal Code. The motion was seconded by Councilmember Peters and carried unanimously. (5-0) City Manager Dave Cole read Ordinance No. 469 by title and number only. MOTION: Councilmember Elliott moved the City Council adopt Resolution No. 54-98 establishing Three -Hour Parking Time Limit on the Four Mid-Embarcadero West Side Street Ends and City -Leased Parking Lot next to the Shell Shop. The motion was seconded by Councilmember Peirce and carried unanimously. (5-0) D. NEW BUSINESS D-1 RESOLUTION NO. 58-98 RELATING TO THE CLASSIFICATION, COMPENSATION AND TERMS OF EMPLOYMENT OF THE MORRO BAY FIRE FIGHTERS; (DAVIS) City Manager Dave Cole reviewed the Memorandum of Understanding (MOU) with the Morro Bay Fire Fighters, and recommended the City Council adopt Resolution No. 58-98; approve the Side Letter to the MOU with the Fire Fighters; and, extend approval of the Side Letter provisions to the Miscellaneous, Confidential, and Police Units. MOTION: Councilmember Anderson moved the City Council adopt Resolution No. 58-98 approving the classification, compensation and terms of employment of Morro Bay Fire Fighters. The motion was seconded by Councilmember Peters and carried unanimously. (5-0) MOTION: Councilmember Anderson moved the City Council approve the Side Letter to the MOU with the Fire Fighters; and, extend approval of the Side Letter provisions to the Miscellaneous, Confidential, and Police Units. The motion was seconded by Councilmember Peters and carried unanimously. (5-0) F. ADJOURNMENT - The meeting adjourned at 10:25 p.m. Recorded by: Bridget City Clerk 14 i NOTICE OF SPECIAL MEETING NOTICE IS HEREBY GIVEN that the Morro Bay City Council will be holding a Special Meeting on Monday. June 15, 1998 at 5:00 p.m. to be held at the Morro Bay Community Center Multi -Purpose Room, 1001 Kennedy Way, Morro Bay, California, to discuss the Fiscal Year 1998/99 Budget. DATED: June 10, 1998 Bridgett Bau , City Clerk • u MINUTES - MORRO BAY CITY COUNCIL SPECIAL BUDGET MEETING - JUNE 15, 1998 COMMUNITY CENTER MULTI PURPOSE ROOM - 5:00 P.M. Mayor Novak called the meeting to order at 5:00 p.m PRESENT: Cathy Novak Mayor Rodger Anderson Councilmember Dave Elliott Councilmember William Peirce Councilmember Janice Peters Councilmember STAFF: David Cole Rick Algert Bill Boucher Jim Koser Andrea Lueker PUBLIC COMMENT - None. BUDGET REVIEW City Manager Harbor Director Public Works Director Finance Director Recreation & Parks Director Mayor Novak stated this special meeting has been scheduled to address remaining budget details. City Manager David Cole said there are a few specific issues for Council review: 1) funding for a tentative settlement with the firefighters unit; and 2) funding for increases for the tourism -related agencies. At the conclusion of the June 8, 1998 City Council meeting, staff suggested that the requested tourism -related increases could be funded from the money budgeted for the local share of the cost of a new trolley if the City received a grant for the local share. However, that money had already been committed to additional street work at the May 1 lth budget workshop. Instead, staff suggested that limited funds could be transferred from the Community Development Block Grant Loan Repayment Fund for the Fire MOU and tourism requests. Councilmember Peters asked about the minimum wage for some Recreation & Parks jobs. Recreation & Parks Director Andrea Lueker responded she can work out an arrangement so that these jobs pay at least California minimum wage. Mayor Novak stated the tourism increase requests of about $17,300 need to be addressed. • Councilmember Elliott expressed concern with the increase to the San Luis Obispo County Visitors Conference Bureau (VCB), and how much benefit the City of Morro Bay receives for its contributions. He said the County, the City of San Luis Obispo and Morro Bay contribute much more to the VCB than other cities in the County. Councilmember Elliott said the adverse winter weather was detrimental to the City's first quarter tourism revenues, and he is not convinced the City has seen an increase in business activity since last year's increase to the VCB. He said there are infrastructure needs within the City which need to be addressed at this time. Councilmember Peirce stated it is a dilemma of having a tight budget with several needs; however, it is important to continue advertising in order to bring tourists to Morro Bay. He suggested finding money to advance to the promotion groups, and monitor the City's revenues at mid -year budget review. Jonni Biaggini, Director of VCB, reviewed the contributions made by the other cities in the County. Ed Biaggini, Community Promotions Committee Chairman, stated his opinion that Morro Bay's Transient Occupancy Tax (TOT) revenues are up from last year at this time. He said individual businesses generally cannot afford to advertise in Sunset Magazine, but the Community Promotions Committee can afford to advertise in these magazines. • Councilmember Anderson stated he believes advertising is very important; however, the City also needs to address other needs. Councilmember Peters stated even with the heavy rains and Highway One closure, the City is still doing well. She said Sunset Magazine is a valuable source and advertising is very important. She recommended maintaining the Community Promotions Committee and Visitor Center's increase requests totaling approximately $10,250, and review the TOT revenues at mid -year budget review. Council concurred with Councilmember Peters' recommendations to maintain the Community Promotions Committee and Visitor Center's increase requests totaling approximately $10,250, and review the TOT revenues at mid -year budget review. Council also approved the funding of the Fire MOU ($12,900) through the CDBG Loan Repayment Fund. The meeting adjourned at 6:43 p.m. • 2 City of Morro Bay City Council Agenda Mission Statement The City of Morro Bay is dedicated to the preservation and enhancement of the quality of life. The City shall be committed to this purpose and will provide a level of municipal service and safety consistent with and responsive to the needs of the public. REGULAR MEETING - JUNE 8, 1998; 5:00 P.M. CLOSED SESSION - JUNE 8, 1998 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 129W-133W; • Negotiating Parties: John Ho as Ming Dynasty, tenant/Harbor Director for City, landlord; Negotiations: Modifications of lease dealing with dock repairs. Property: Various parcels for possible purchase as parking lots; Negotiating Parties: Multiple possible sellers/Harbor Director as City Real Property Negotiator; Negotiations: Possible voluntary purchase or long term lease of property for parking. PUBLIC SESSION - NNE 8,1998 VETERANS MEMORIAL HALL - 6:00 P.M. 209 SURF ST., MORRO BAY, CA ESTABLISH QUORUM AND CALL TO ORDER PRAYER PLEDGE OF ALLEGIANCE THOUGHT FOR THE DAY MAYOR AND COUNCILMEMBERS ANNOUNCEMENTS & PRESENTATIONS CLOSED SESSION REPORT 9 • PUBLIC COMMENT PERIOD - Members of the audience wishing to address the Council on City business matters (other than Public Hearing items under Section B) may do so at this time. To increase the effectiveness of the Public Comment Period, the following rules shall be followed: • When recognized by the Mayor, please come forward to the podium and state your name and address for the record. Comments are to be limited to three minutes. • All remarks shall be addressed to Council, as a whole, and not to any individual member thereof. • No person shall be permitted to make slanderous, profane or personal remarks against any elected official, commission and/or staff. COUNCIL DECLARATION OF FUTURE AGENDA ITEMS A. CONSENT CALENDAR Unless an item is pulled for separate action by the City Council, the following actions are approved without discussion. • A-1 APPROVAL OF MINUTES FOR THE REGULAR CITY COUNCIL MEETING OF MAY 26, 1998, AND THE BUDGET MEETING OF MAY 28, 1998; (BAUER) RECOMMENDATION: Approve as submitted. A-2 RESOLUTION NO. 49-98 APPROVING LEASE FOR LEASE SITE 150 EXTENSION - KAISER MATERIALS; (ALGERT) RECOMMENDATION: Approve Resolution No. 49-98 authorizing the Mayor to execute a new one-year lease agreement with Kaiser Materials Corporations for use of the Lease Site 150 extension area. A-3 RESOLUTION NO. 52-98 AMENDING PUBLIC WORKS ADVISORY BOARD BY-LAWS REGARDING TERMS OF OFFICE AND MEETING TIME; (BOUCHER) RECOMMENDATION: Adopt Resolution No. 52-98. u PA A-4 REJECTION OF CLAIM AGAINST THE CITY - PORSCHE CARS OF • NORTH AMERICA; (DAVIS) RECOMMENDATION: Reject claim filed against the City. A-5 RESOLUTION NO. 55-98 GRANTING AUTHORITY TO THE CITY ATTORNEY TO GIVE THE CONSENT OF THE CITY TO JOIN ON AMICUS BRIEFS; (HUNT) RECOMMENDATION: Adopt Resolution No. 55-98. B. PUBLIC HEARINGS. REPORTS & APPEARANCES B-1 REVIEW OF CODE ENFORCEMENT ACTION AT 430 PACIFIC STREET; (HUNT/LOVEN) RECOMMENDATION: Receive report for information. B-2 RESOLUTION NO. 54-98 ESTABLISHING THREE-HOUR PARKING TIME LIMIT ON THE FOUR MID-EMBARCADERO WEST SIDE STREET ENDS, AND CITY -LEASED PARKING LOT NEXT TO THE SHELL SHOP; AND • ORDINANCE NO. 469 REVISING SECTION 10.36.120 (CURB MARKINGS) AND SECTION 10.36.170 (FOR A LIMITED TIME) OF THE MORRO BAY MUNICIPAL CODE - FIRST READING/INTRODUCTION; (BOUCHER) RECOMMENDATION: Adopt Resolution No. 54-98; and approve Ordinance No. 469 for first reading/introduction. C. UNFINISHED BUSINESS C-1 ORDINANCE NO. 468 AUTHORIZING AN AMENDMENT TO THE CONTRACT BETWEEN THE CITY OF MORRO BAY AND PUBLIC EMPLOYEES' RETIREMENT SYSTEM TO PROVIDE MILITARY SERVICE CREDIT FOR POLICE MEMBERS - SECOND READING/ADOPTION; (DAVIS) RECOMMENDATION: Approve second reading/adoption of Ordinance No. 468. C-2 CONTINUED REVIEW OF BUDGET FOR FISCAL YEAR 1998/99; (KOSER) RECOMMENDATION: Consider the balance of the issues related to the fiscal year 1998/99 budget, and direct staff to incorporate any changes and finalize the budget for approval at the June 22, 1998 City Council meeting. • 3 • D. NEW BUSINESS D-I RESOLUTION NO. 53-98 AUTHORIZING SUBMISSION OF SURFACE TRANSPORTATION PROGRAM FUNDING APPLICATIONS FOR FISCAL YEAR 1997/1998 THROUGH 2O02/2003 FUNDING CYCLE AND APPROVAL OF PRIORITY OF PROJECTS; (BOUCHER) RECOMMENDATION: Adopt Resolution No. 53-98. D-2 RECONSIDERATION OF GUIDELINES FOR SELECTION AND QUALIFICATIONS OF ADVISORY BOARD MEMBERS, SPECIFICALLY RECREATION & PARKS COMMISSION AND HARBOR ADVISORY BOARD; (LUEKER/ALGERT) RECOMMENDATION: Reconsider the guidelines for selection and qualifications, specifically for Recreation & Parks Commissioners and Harbor Advisory Board Members. D-3 REVIEW OF CITY ATTORNEY COSTS AND PENDING CASES; (HUNT) RECOMMENDATION: Receive report for information. • E. ADJOURNMENT THIS AGENDA IS SUBJECT TO AMENDMENT UP TO 72 HOURS PRIOR TO THE DATE AND TIME SET FOR THE MEETING. PLEASE REFER TO THE AGENDA POSTED AT CITY HALL FOR ANY REVISIONS OR CALL THE CLERK'S OFFICE AT 772-6200 FOR FURTHER INFORMATION. COPIES OF STAFF REPORTS OR OTHER PUBLIC DOCUMENTATION RELATING TO EACH ITEM OF BUSINESS REFERRED TO ON THIS AGENDA ARE ON FILE IN THE OFFICE OF THE CITY CLERK AND AVAILABLE FOR PUBLIC INSPECTION AND REPRODUCTION AT COST AT CITY HALL, LIBRARY, AND MILLS STATIONERY. IN COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT, IF YOU NEED SPECIAL ASSISTANCE TO PARTICIPATE IN A CITY MEETING, PLEASE CONTACT THE CITY CLERK'S OFFICE AT LEAST 24 HOURS PRIOR TO THE MEETING TO INSURE THAT REASONABLE ARRANGEMENTS CAN BE MADE • TO PROVIDE ACCESSIBILITY TO THE MEETING. n • MINUTES - MORRO BAY CITY COUNCIL CLOSED SESSION - JUNE 8, 1998 CITY HALL CONFERENCE ROOM - 5:00 P.M. Mayor Novak called the meeting to order at 5:00 p.m. PRESENT: STAFF: CLOSED SESSION Cathy Novak Rodger Anderson Dave Elliott William Peirce Janice Peters David Cole David Hunt Mayor Councilmember Councilmember Councilmember Councilmember City Manager City Attorney MOTION: Councilmember Elliott moved the meeting be adjourned to Closed Session. The motion was seconded by Councilmember Peters and unanimously carried. (5-0) Mayor Novak read the Closed Session statement. CS-1 GOVERNMENT CODE SECTION 54956.8; REAL PROPERTY TRANSACTIONS. Instructing City's real property negotiator regarding the price and terms of payment for the purchase, sale, exchange, or lease of real property as to one (1) parcel. Pro er : Lease Site 129W-133W; Negotiating Parties: John Ho as Ming Dynasty, tenant/Harbor Director for City, landlord; Negotiations: Modifications of lease dealing with dock repairs. Property: Various parcels for possible purchase as parking lots; Negotiating Parties: Multiple possible sellers/Harbor Director as City Real Property Negotiator; Negotiations: Possible voluntary purchase or long tern lease of property for parking. The meeting adjourned to Closed Session at 5:00 p.m. and returned to regular session at 5:45 p.m. • MOTION: Councilmember Elliott moved the meeting be adjourned. The motion was seconded by Councilmember Peirce and unanimously carried. (5-0) The meeting adjourned at 5:45 p.m. • P MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - JUNE 8, 1998 VETERANS MEMORIAL HALL - 6:00 P.M. Mayor Novak called the meeting to order at 6:00 p.m. PRESENT: Cathy Novak Rodger Anderson Dave Elliott William Peirce Janice Peters STAFF: David Cole David Hunt Bridgett Bauer Rick Algert Bill Boucher Janeen Burlingame Jeff Jones Jim Koser Joe Loven Andrea Lueker Shauna Nauman Mayor Councilmember Councilmember Councilmember Councilmember City Manager City Attorney City Clerk Harbor Director Public Works Director Public Works Administrative Assistant Fire Chief Finance Director Police Chief Recreation & Parks Director Acting Planning & Building Director ESTABLISH QUORUM AND CALL TO ORDER PRAYER PLEDGE OF ALLEGIANCE THOUGHT FOR THE DAY MAYOR'S REPORTS & ANNOUNCEMENTS CLOSED SESSION REPORT - No reportable action was taken. Mayor Novak requested Item C-2 (Continued Review of Budget for Fiscal Year 1998/99) be placed at the end of the agenda; Council concurred. PUBLIC COMMENT The following people expressed support for American Star Bus Tours, and requested the City Council allow the buses to pick-up and deliver passengers at the Community Center which would be a safe place for people to park their cars while on the tour: Lorraine Yake, Joseph Owens and Barbara Owens. Diana Duncan, HART, requested the City Council fund $2,500 for the spay/neuter program. 2 • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - JUNE 8, 1998 Barry Pierce asked the City Council if there are any plans for traffic control at the Quintana/Morro Bay Boulevard intersection, which he feels is hazardous. Mary Phillips stated a senior bus service needed. She said Young's Giant Food deserves recognition for their efforts in the City. She also stated she purchased a new motor home and will park it in front of her house. Steve Mathieu thanked those who have donated money for the 4th of July celebration, and requested more donations be made to the Chamber of Commerce. John Barta expressed support for the County spay/neuter program. Mayor Novak closed the public comment period. Mayor Novak requested the Public Works Director respond to the question regarding the Quintana/Morro Bay Boulevard intersection. Mr. Boucher responded along with a future proposal of a roundabout at this location, the City is working with private developers in • order to fund signalization to assist the traffic flow at this intersection. DECLARATION OF FUTURE AGENDA ITEMS - None. • A. CONSENT CALENDAR Unless an item is pulled for separate action by the City Council, the following actions are approved without discussion. A-1 APPROVAL OF MINUTES FOR THE REGULAR CITY COUNCIL MEETING OF MAY 26, 1998, AND THE BUDGET MEETING OF MAY 28, 1998; (BAUER) RECOMMENDATION: Approve the minutes of May 26, 1998 as submitted; the minutes of May 28, 1998 have been pulled from the agenda. A-2 RESOLUTION NO. 49-98 APPROVING LEASE FOR LEASE SITE 150 EXTENSION - KAISER MATERIALS; (ALGERT) RECOMMENDATION: Adopt Resolution No. 49-98 authorizing the Mayor to execute a new one-year lease agreement with Kaiser Materials Corporations for use of the Lease Site 150 extension area. 3 • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - JUNE 8, 1998 A-3 RESOLUTION NO. 52-98 AMENDING PUBLIC WORKS ADVISORY BOARD BY-LAWS REGARDING TERMS OF OFFICE AND MEETING TIME; (BOUCHER) RECOMMENDATION: Adopt Resolution No. 52-98. A-4 REJECTION OF CLAIM AGAINST THE CITY - PORSCHE CARS OF NORTH AMERICA; (DAVIS) RECOMMENDATION: Reject claim filed against the City. A-5 RESOLUTION NO. 55-98 GRANTING AUTHORITY TO THE CITY ATTORNEY TO GIVE THE CONSENT OF THE CITY TO JOIN ON AMICUS BRIEFS; (HUNT) RECOMMENDATION: Adopt Resolution No. 55-98. • A-6 PROCLAMATION - SPECIAL OLYMPICS; (ADMIN) RECOMMENDATION: Adopt Proclamation. Councilmember Peters pulled Item A-2 from the Consent Calendar; Councilmember Peirce pulled Item A-5. MOTION: Councilmember Elliott moved the City Council approve the Consent Calendar with the exception of Items A-2 and A-5. The motion was seconded by Councilmember Anderson and carried unanimously. (5-0) A-2 RESOLUTION NO. 49-98 APPROVING LEASE FOR LEASE SITE 150 EXTENSION - KAISER MATERIALS; (ALGERT) Councilmember Peters referred to the updated site map conducted by Kaiser Materials, and asked if this map has been approved by the City. Harbor Director Rick Algert responded the City finds this site map to be more accurate than the previous map. MOTION: Councilmember Peters moved the City Council approve Item A-2 of the Consent Calendar. The motion was seconded by Councilmember • Anderson and carried unanimously. (5-0) 4 • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - JUNE 8, 1998 A-5 RESOLUTION NO. 55-98 GRANTING AUTHORITY TO THE CITY ATTORNEY TO GIVE THE CONSENT OF THE CITY TO JOIN ON AMICUS BRIEFS; (HUNT) Councilmember Peirce requested staff clarification on this item. City Attorney David Hunt responded this resolution is needed to avoid the rush experienced in approving the consent of the City to be included in amicus briefs on general issues of importance to all cities, or more importantly the City of Morro Bay. He noted the City Council has always approved these requests in the past, and there is minimal, if any, fiscal impact in this matter. MOTION: Councilmember Peirce moved the City Council approve Item A-5 of the Consent Calendar. The motion was seconded by Councilmember Elliott and carried unanimously. (5-0) • B. PUBLIC HEARINGS. REPORTS & APPEARANCES B-1 REVIEW OF CODE ENFORCEMENT ACTION AT 430 PACIFIC STREET; (HUNT/LOVEN) This item was pulled from the agenda. B-2 RESOLUTION NO. 54-98 ESTABLISHING THREE-HOUR PARKING TIME LIMIT ON THE FOUR MID-EMBARCADERO WEST SIDE STREET ENDS, AND CITY -LEASED PARKING LOT NEXT TO THE SHELL SHOP; AND ORDINANCE NO. 469 REVISING SECTION 10.36.120 (CURB MARKINGS) AND SECTION 10.36.170 (FOR A LIMITED TIME) OF THE MORRO BAY MUNICIPAL CODE - FIRST READING/INTRODUCTION; (BOUCHER) Public Works Director Bill Boucher stated the City Council, at the May 26, 1998 meeting, directed staff to return with enabling documents to establish 3-hour parking limitations on the Harbor Street, Pacific Street, Morro Bay Boulevard, and Marina Street ends, west of the Embarcadero, and also the leased parking lot property on the east side of the Embarcadero between Marina and Driftwood Streets. He noted this limitation would be in effect on all days between the hours of 9:00 a.m. and 9:00 p.m., and the fiscal impact will be less than an estimated $1,500 for signage and curb markings from the current year's available Harbor Department budget. Mr. Boucher recommended the City • Council conduct a public hearing on the proposed revisions to Morro Bay Municipal Code Sections 10.36.120 and 10.36.170, and approve the first reading and introduction of Ordinance No. 469 by number and title only, and further, adopt Resolution No. 54-98 5 • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - JUNE 8, 1998 establishing a) 3-hour parking limitations on four Embarcadero street ends and the leased parking lot on the Embarcadero between Marina and Driftwood Streets, and b) eliminating oversized vehicle parking restrictions on those street ends. Mayor Novak opened the hearing for public comment. Mary Phillips addressed the requirement for handicap parking spaces. Jim Wood stated there are many traffic signs in the City, and if more are being placed, others should be removed. Mayor Novak closed the public comment hearing. Councilmember Elliott stated the proposed resolution needs to address specified time restrictions at the color -marked curb sites. Council concurred, and requested staff return with a modified resolution addressing this issue. Councilmember Elliott also noted the many signs that are posted around the City are necessary for the minority to stay in • compliance. MOTION: Councilmember Peirce moved the City Council approve Ordinance No. 469 for first reading and introduction. The motion was seconded by Councilmember Peters and carried unanimously. (5-0) City Manager Dave Cole read Ordinance No. 469 by number and title only. C. UNFINISHED BUSINESS C-1 ORDINANCE NO. 468 AUTHORIZING AN AMENDMENT TO THE CONTRACT BETWEEN THE CITY OF MORRO BAY AND PUBLIC EMPLOYEES' RETIREMENT SYSTEM (PERS) TO PROVIDE MILITARY SERVICE CREDIT FOR POLICE MEMBERS - SECOND READING/ADOPTION; (DAVIS) City Manager Dave Cole stated the City Council, at the May 26, 1998 meeting, approved the first reading and introduction of Ordinance No. 468 authorizing an amendment to the contract between the City of Morro Bay and PERS to provide military service credit for Police members. He recommended the City Council approve the second reading and adoption of Ordinance No. 468. • MOTION: Councilmember Elliott moved the City Council approve the second reading and adoption of Ordinance No. 468. The motion was seconded by Councilmember Peters and carved unanimously. (5-0) 6 . MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - JUNE 8, 1998 City Manager Dave Cole read Ordinance No. 468 by number and title only. C-2 CONTINUED REVIEW OF BUDGET FOR FISCAL YEAR 1998/99; (KOSER) City Manager Dave Cole introduced the further review of the proposed budget, and expressed appreciation for the efforts made by staff in order to propose a balanced budget. Finance Director Jim Koser stated the City Council received the proposed budget for fiscal year 1998/99 on May 9, 1998. He said with the two public work sessions on the budget on May I Ith and May 28th, the review of the budget is nearly complete. Mr. Koser recommended the City Council consider the balance of the issues related to the fiscal year 1998/99 budget, and direct staff to incorporate any changes and finalize the budget for approval at the June 22, 1998 City Council meeting. Council received presentations from the following staff members: Recreation & Parks Director Andrea Lueker, Harbor Director Rick Algert, Fire Chief Jeff Jones, and Police is Chief Joe Loven. Councilmember Anderson asked if monies have been funded for traffic control at the Radcliffe/Main Street intersection. Public Works Director Bill Boucher responded the difficulty at this intersection is vehicles turning southbound on Main Street. He said the feasible solution would be signage which will be reviewed within the next few weeks. Councilmember Elliott stated drivers need to be encouraged to use Highway One instead of Main Street. Mayor Novak called for a break at 9:25 p.m.; the meeting resumed at 9:40 p.m. Council received presentations from Ed Biaggini of the Community Promotions Committee who is requesting an increase in this budget of $6,213; Jonni Biaggini of the Visitors Conference Bureau who is requesting an increase of $6,500; and Suedene Walker of the Chamber of Commerce/Visitors Center who is requesting an increase of $4,550. Councilmember Elliott stated advertising is necessary to bring tourists into Morro Bay. • Councilmember Anderson stated without the tourist industry, City services will not be furnished. 7 • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - JUNE 8, 1998 Councilmember Peters agreed the tourist industry needs to be promoted. She recommended the City Council grant the increases; however, with the caveat to review the Community Promotions Committee and Visitors Conference Bureau increases at the mid -year budget review. Mayor Novak expressed concern with allotting these increases when this money should be maintained to assist in the infrastructure of the City; however, she will support Council consensus. Councilmember Peirce stated money that is obtained from tourist revenue will generate funds for the infrastructure. Councilmember Peters stated she will contribute $450 of her discretionary funds to go towards the Visitors Center increase. She also asked that the last $100 of her discretionary fund be used to beein an account for a consultant for the Cable TV franchise renewal neeotiations. Finance Director Jim Koser stated $20,000 has been put aside for a replacement trolley which Council could instead allocate towards these increases if a grant is received for our • local share of the trolley cost. Council agreed with Mr. Koser's recommendation. No further action was taken on this item. D. NEW BUSINESS D-1 RESOLUTION NO. 53-98 AUTHORIZING SUBMISSION OF SURFACE TRANSPORTATION PROGRAM (STP) FUNDING APPLICATIONS FOR FISCAL YEAR 1997/1998 THROUGH 2O02/2003 FUNDING CYCLE AND APPROVAL OF PRIORITY OF PROJECTS; (BOUCHER) Public Works Administrative Assistant Janeen Burlingame stated the San Luis Obispo Council of Governments is presently programming projects for the fiscal year 1997/98 through 2002/2003 STP funding cycle which will take place in August 1998, and have requested that project applications be submitted by June 26, 1998. She said applications are being submitted for the following projects: Quintana Road Bikeway, High School Bikeway, and Roundabout Study. Ms. Burlingame recommended the City Council adopt Resolution No. 53-98 authorizing submission of STP funding applications for fiscal year 1997/98 through 2002/2003 STP funding cycle. Mayor Novak stated it would be beneficial to include the Embarcadero Pedestrian • Boardwalk Project in filing of these funding applications. Council concurred to include the Embarcadero Pedestrian Boardwalk Project, and requested staff amend the resolution to include this project. 8 . MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - JUNE 8, 1998 MOTION: Councilmember Elliott moved the City Council adopt Resolution No. 53-98 authorizing submission of Surface Transportation Program (STP) funding applications for Fiscal Year 1997/1998 through the 2002/2003 funding cycle and approval of priority of projects as amended by Council. The motion was seconded by Councilmember Peirce and carried unanimously. (5-0) MOTION: Councilmember Peirce moved the City Council direct the City Manager and Finance Director to research funding sources for a Embarcadero Pedestrian Boardwalk Project grant application. The motion was seconded by Councilmember Elliott and carried unanimously. (5-0) Mayor Novak called for a break at 7:34 p.m.; the meeting resumed at 7:56 p.m. D-2 RECONSIDERATION OF GUIDELINES FOR SELECTION AND QUALIFICATIONS OF ADVISORY BOARD MEMBERS, SPECIFICALLY RECREATION & PARKS COMMISSION AND HARBOR ADVISORY BOARD; (LUEKER/ALGERT) • Recreation & Parks Director Andrea Lueker stated the Recreation & Parks Commission reviewed their by-laws at the April 9th meeting, and expressed concern with regard to the change of the Commission make-up from seven qualified electors of the City of Motto Bay to five qualified electors, which would allow two members who might be "non- residents" of Morro Bay to make recommendations/decisions on issues that would affect residents of Morro Bay. She stated the Harbor Advisory Board recommends to the City Council that there be one South Bay representative position on the Board, and two members -at -large, instead of three. Councilmembers Peirce and Elliott stated the recreational programs offered by the City also involve other communities which should have some representation. Councilmember Anderson noted that leaving the option open for two non-residents on the Recreation & Parks Commission does not necessarily mean that two non-residents will be selected. Councilmember Peters stated Morro Bay residents should be considered first in the interview process; however, the option does allow for those who do business in the City, but may not live in the City, to be a representative on the Commission. She favored adopting both recommendations. • Mayor Novak stated the STAR Program which is sponsored by the City needs more children in order to qualify for the grant program, and should consider inviting children from Los Osos and Cayucos to join this program. 0 MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - JUNE 8, 1998 Council consensus was to leave the Recreation and Parks Commission as currently written in the City Council Policies and Guidelines, and to amend the Harbor Advisory Board guidelines to appoint a South Bay resident to serve as one member -at -large. No further action was taken on this item. D-3 REVIEW OF CITY ATTORNEY COSTS AND PENDING CASES; (HUNT) City Attorney David Hunt reviewed the annual report on attorney costs and pending litigation for Council information. This was an informational item, and no action was taken. F. ADJOURNMENT The meeting adjourned at 10:37 p.m. • Recorded by: Bridgett Bauer City Clerk • 10 • NOTICE OF SPECIAL MEETING NOTICE IS HEREBY GIVEN that the Morro Bay City Council will be holding a Budget Workshop on Thursday, May 28, 1998 at 6:00 p.m. to be held at the Community Center Multi Purpose Room, 1001 Kennedy Way, Morro Bay, California, in order to discuss the 1998/99 Fiscal Year Budget. DATED: May 22, 1998 • Bridgett Slier, City Clerk L� • MINUTES - MORRO BAY CITY COUNCIL BUDGET WORKSHOP - MAY 28, 1998 COMMUNITY CENTER MULTI -PURPOSE ROOM - 6:00 P.M. • Mayor Novak called the meeting to order at 6:06 p.m PRESENT: Cathy Novak Mayor Rodger Anderson Councilmember William Peirce Councilmember Janice Peters Councilmember ABSENT: Dave Elliott STAFF: David Cole Rick Algert Bill Boucher Jeff Jones Jim Koser Joe Leven Andrea Lueker Shauna Nauman PUBLIC COMMENT Councilmember City Manager Harbor Director Public Works Director Fire Chief Finance Director Police Chief Recreation & Parks Director Acting Planning & Building Director Lloyd Reeves stated Morro Bay Chamber of Commerce does a good job and should receive the funds necessary to benefit the City. BUDGET OVERVIEW City Manager Dave Cole gave a brief synopsis of the proposed budget. Finance Director Jim Koser gave an overview of the following funds budgeted for fiscal year 1998/99: • General Fund • Dial -A -Ride • Water Fund - blending pipeline will be completed in fiscal year 2000-2001 • Wastewater Collection Fund • Harbor Fund • Wastewater Treatment Plant. 0 Mayor Novak called for a break at 7:15 p.m.; the meeting resumed at 7:30 p.m. INDIVIDUAL DEPARTMENTS/PROGRAMS A) Community Promotions Committee Ed Biaggini stated the Committee is seeking an increase from $66,500 to $72,713. He also discussed the Transient Occupancy Tax Fund relative to the Community Promotions Committee budget. Nancy Barta shared the analysis of zip codes and phone numbers compiled by the Chamber of Commerce which showed an increase in contacts from Northern California. B) Visitor's Center Chamber of Commerce Director Suedene Walker requested an increase from $57,950 to $62,500. C) San Luis Obispo County Visitors Conference Bureau Jonni Biaggini requested an increase from $35,500 to $42,000. • D) Public Works Department Public Works Director Bill Boucher presented the Public Works' division budgets. Councilmember Anderson suggested borrowing money to do some street work and related projects. Mayor Novak called for a break at 9:20 p.m.; the meeting resumed at 9:31 p.m. Mayor Novak noted Councilmember Peirce had to leave on a personal emergency. She suggested remaining Councilmembers hear from the Acting Planning and Building Director Shauna Nauman about the Planning & Building Department budget tonight, and review the rest of the departments at the June 8th City Council meeting when there is a full Council; Councilmembers Anderson and Peters concurred. E) Planning and Building Denartment Acting Planning and Building Director Shauna Nauman reviewed the budget for this department. No further action was taken. • ADJOURNMENT - The meeting adjourned at 9:45 p.m. 2 City of Morro Bay City Council Agenda Mission Statement The City of Morro Bay is dedicated to the preservation and enhancement of the quality of life. The City shall be committed to this purpose and will provide a level of municipal service and safety consistent with and responsive to the needs of the public. REGULAR MEETING - MAY 26, 1998 VETERANS MEMORIAL HALL - 6:00 P.M. 209 SURF ST., MORRO BAY, CA ESTABLISH QUORUM AND CALL TO ORDER PRAYER PLEDGE OF ALLEGIANCE THOUGHT FOR THE DAY MAYOR AND COUNCILMEMBERS ANNOUNCEMENTS & PRESENTATIONS CLOSED SESSION REPORT • PUBLIC COMMENT PERIOD - Members of the audience wishing to address the Council on City business matters (other than Public Hearing items under Section B) may do so at this time. To increase the effectiveness of the Public Comment Period, the following rules shall be followed: • When recognized by the Mayor, please come forward to the podium and state your name and address for the record. Comments are to be limited to three minutes. • All remarks shall be addressed to Council, as a whole, and not to any individual member thereof. • No person shall be permitted to make slanderous, profane or personal remarks against any elected official, commission and/or staff. COUNCIL DECLARATION OF FUTURE AGENDA ITEMS A. CONSENT CALENDAR Unless an item is pulled for separate action by the City Council, the following actions are • approved without discussion. • A-1 APPROVAL OF MINUTES FOR THE REGULAR CITY COUNCIL MEETINGS OF MAY 11, 1998, THE SPECIAL TOWN HALL MEETING OF APRIL 21, 1998, AND THE BUDGET WORKSHOP OF MAY It, 1998; (BAUER) RECOMMENDATION: Approve as submitted. A-2 STATEMENT OF CASH & INVESTMENTS - APRIL 1998; (KOSER) RECOMMENDATION: Receive report. A-3 EXPENDITURE REPORT - APRIL 1998; (KOSER) RECOMMENDATION: Approve as submitted. A-4 RESOLUTION NO. 49-98 APPROVING ASSIGNMENT OF LEASE SITE 30W/33W - BEACON FUEL DOCK; (ALGERT) - THIS ITEM HAS BEEN PULLED FROM THE AGENDA A-5 RESOLUTION NO. 50-98 PROVIDING FUNDING FOR SCENIC LOOP SIGNS; (KOSER) is RECOMMENDATION: Adopt Resolution No. 50-98 providing $4,200 of funding for Scenic Loop Signs, by re -allocating existing budget line items. A-6 RESOLUTION NO. 48-98 APPROVING ONE YEAR EXTENSION TO MORRO BAY DIAL -A -RIDE OPERATIONS MANAGEMENT AGREEMENT FOR FISCAL YEAR 1998/99; (BOUCHER) RECOMMENDATION: Adopt Resolution No. 48-98. A-7 APPROVAL OF AMENDED CHANNEL 54 POLICIES AND GUIDELINES; (BOUCHER) RECOMMENDATION: Approve amended Channel 54 Policies and Guidelines. A-8 REQUEST TO JOIN AS AMICUS IN SAN BERNARDINO PUBLIC EMPLOYEES ASSOCIATION V. CITY OF FONTANA; (HUNT) RECOMMENDATION: Authorize the City Attorney to transmit the consent of the City Council for the City to join as amicus in San Bernardino Public Employees Association v. City of Fontana. • A-9 REJECTION OF CLAIM AGAINST THE CITY - FUNK; (DAVIS) RECOMMENDATION: Reject claim filed against the City. P� • B. PUBLIC HEARINGS. REPORTS & APPEARANCES B-1 REPORT FROM ACOE DISTRICT ENGINEER ON CORPS MAINTENANCE ACTIVITIES IN MORRO BAY HARBOR AND THE PENDING RECONNAISSANCE REPORT FOR THE MORRO BAY HABITAT RESTORATION PROJECT; (ALGERT) RECOMMENDATION: Receive report for information. B-2 ORDINANCE NO. 468 AUTHORIZING AN AMENDMENT TO THE CONTRACT BETWEEN THE CITY OF MORRO BAY AND PUBLIC EMPLOYEES' RETIREMENT SYSTEM TO PROVIDE MILITARY SERVICE CREDIT FOR POLICE MEMBERS - FIRST READING/INTRODUCTION; (DAVIS) RECOMMENDATION: Approve first reading and introduction of Ordinance No. 468. B-3 REVIEW OF CODE ENFORCEMENT ACTION AT 430 PACIFIC STREET; (HUNT) • RECOMMENDATION: Receive report for information. • B-4 RESOLUTION NO. 51-98 DECLARING THE CITY'S INTENT TO LEVY THE ANNUAL ASSESSMENT FOR THE MAINTENANCE OF THE NORTH POINT LIGHTING AND LANDSCAPING MAINTENANCE ASSESSMENT DISTRICT, AND APPROVAL OF THE ENGINEER'S REPORT; (LUEKER) RECOMMENDATION: Adopt Resolution No. 51-98. C. UNFINISHED BUSINESS C-1 REPORT ON HARBOR ADVISORY BOARD'S REVIEW OF LOADING ZONES AND PARKING TIME LIMITS ON THE EMBARCADERO; (ALGERT) RECOMMENDATION: Approve in concept establishing three-hour parking time limits on four mid-Embarcadero west side street ends, and direct the Public Works Department to bring back an implementing resolution at the June 8, 1998 City Council meeting. 3 • D. NEW BUSINESS D-1 CONSIDERATION OF AN EMPLOYEE INCENTIVE PROGRAM FOR RECOGNITION OF MONEY -SAVING IDEAS; (PETERS) RECOMMENDATION: Review and direct staff accordingly. E. ADJOURNMENT THIS AGENDA IS SUBJECT TO AMENDMENT UP TO 72 HOURS PRIOR TO THE DATE AND TIME SET FOR THE MEETING. PLEASE REFER TO THE AGENDA POSTED AT CITY HALL FOR ANY REVISIONS OR CALL THE is 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. 2 • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - MAY 26, 1998 VETERANS MEMORIAL HALL - 6:00 P.M. • E Mayor Novak called the meeting to order at 6:00 p.m PRESENT: Cathy Novak Mayor Rodger Anderson Councilmember William Peirce Councilmember Janice Peters Councilmember ABSENT: Dave Elliott STAFF: David Cole Rob Schultz Bridgett Bauer Rick Algert Bill Boucher Janeen Burlingame Ardith Davis Jeff Jones Jim Koser Joe Loven Andrea Lueker Councilmember City Manager City Attorney City Clerk Harbor Director Public Works Director Public Works Administrative Assistant Personnel Officer Fire Chief Finance Director Police Chief Recreation & Parks Director ESTABLISH QUORUM AND CALL TO ORDER PRAYER PLEDGE OF ALLEGIANCE THOUGHT FOR THE DAY MAYOR'S REPORTS & ANNOUNCEMENTS CLOSED SESSION REPORT - None. Mayor Novak requested the City Council take the agenda out of order to hear Item B-1 at this time; Council concurred. PUBLIC COMMENT Melissa Mooney, Program Director of National Estuary Program, invited Council to a workshop sponsored by the NEP next Friday. Bill Raflowski referred to the City's Municipal Code Section 17.68.070(L) - Political Campaign Signs, and said there are signs on private property in the City which are not abiding by this law. He said he made a formal complaint with the City Police Department. • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - MAY 26, 1998 Police Chief Loven responded if these signs are on public property or are endangering to public safety, they will be removed. City Attorney Rob Schultz also responded this ordinance deals with square footage of property and first amendment rights. Dorothy Cutter issued a petition referring to the 3-mile scenic loop in Morro Bay, and requested a public hearing be held regarding this proposed project. Charles Palmer addressed the proposed sewer rate increase. Stacy Conn requested information on Item B-3 (Review of Code Enforcement Action at 430 Pacific Street); Mayor Novak noted this item is being pulled from tonight's agenda. Nancy Castle requested donations for the 4th of July celebration. Mayor Novak closed the public comment hearing. DECLARATION OF FUTURE AGENDA ITEMS • A. CONSENT CALENDAR Unless an item is pulled for separate action by the City Council, the following actions are approved without discussion. A-1 APPROVAL OF MINUTES FOR THE REGULAR CITY COUNCIL MEETINGS OF MAY 11, 1998, THE SPECIAL TOWN HALL MEETING OF APRIL 21, 1998, AND THE BUDGET WORKSHOP OF MAY 11, 1998; (BAUER) RECOMMENDATION: Approve as submitted. A-2 STATEMENT OF CASH & INVESTMENTS - APRIL 1998; (KOSER) RECOMMENDATION: Receive report. A-3 EXPENDITURE REPORT - APRIL 1998; (KOSER) RECOMMENDATION: Approve as submitted. A-4 RESOLUTION NO. 49-98 APPROVING ASSIGNMENT OF LEASE SITE • 30W/33W - BEACON FUEL DOCK; (ALGERT) - THIS ITEM HAS BEEN PULLED FROM THE AGENDA fr7 • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - MAY 26, 1998 A-5 RESOLUTION NO. 50-98 PROVIDING FUNDING FOR SCENIC LOOP SIGNS; (KOSER) RECOMMENDATION: Adopt Resolution No. 50-98 providing $4,200 of funding for Scenic Loop Signs, by re -allocating existing budget line items. A-6 RESOLUTION NO. 48-98 APPROVING ONE YEAR EXTENSION TO MORRO BAY DIAL -A -RIDE OPERATIONS MANAGEMENT AGREEMENT FOR FISCAL YEAR 1998/99; (BOUCHER) RECOMMENDATION: Adopt Resolution No. 48-98. A-7 APPROVAL OF AMENDED CHANNEL 54 POLICIES AND GUIDELINES; (BOUCHER) RECOMMENDATION: Approve amended Channel 54 Policies and Guidelines. A-8 REQUEST TO JOIN AS AMICUS IN SAN BERNARDINO PUBLIC • EMPLOYEES ASSOCIATION V. CITY OF FONTAAA; (HUNT) RECOMMENDATION: Authorize the City Attorney to transmit the consent of the City Council for the City to join as amicus in San Bernardino Public Employees Association v. City of Fontana. A-9 REJECTION OF CLAIM AGAINST THE CITY - FUNK; (DAVIS) RECOMMENDATION: Reject claim filed against the City. Mayor Novak pulled Items A-2 and A-4 from the Consent Calendar; Councilmember Peirce pulled Item A-5; and Councilmember Peters pulled Item A-7. MOTION: Councilmember Peirce moved the City Council approve the Consent Calendar with the exception of Items A-2, A-4, A-5, and A-7. The motion was seconded by Councilmember Peters and carried unanimously. (4-0) A-2 STATEMENT OF CASH & INVESTMENTS - APRIL 1998 Mayor Novak requested staff review of the Statement of Cash & Investments for public information. Finance Director Jim Koser reviewed the activities in the City's bank . accounts. 3 • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - MAY 26, 1998 MOTION: Councilmember Anderson moved the City Council approve Item A-2 of the Consent Calendar. The motion was seconded by Councilmember Peirce and carried unanimously. (4-0) A-5 RESOLUTION NO. 50-98 PROVIDING FUNDING FOR SCENIC LOOP SIGNS Councilmember Peirce requested this item be pulled from tonight's agenda, and reagendized for a public hearing; Council concurred. No further action was taken on this item. A-7 APPROVAL OF AMENDED CHANNEL 54 POLICIES AND GUIDELINES Councilmember Peters requested clarification on this item. Public Works Administrative Assistant Janeen Burlingame reviewed previous action taken by the City Council, which is incorporated in the amended policies and guidelines • before Council this evening. MOTION: Councilmember Peters moved the City Council approve Item A-7 of the Consent Calendar. The motion was seconded by Councilmember Peirce and carried unanimously. (4-0) B. PUBLIC HEARINGS. REPORTS & APPEARANCES B-1 REPORT FROM ACOE DISTRICT ENGINEER ON CORPS MAINTENANCE ACTIVITIES IN MORRO BAY HARBOR AND THE PENDING RECONNAISSANCE REPORT FOR THE MORRO BAY HABITAT RESTORATION PROJECT; (ALGERT) The City Council received a status report from Colonel Larry Davis, Los Angeles District Engineer of the Corps of Engineers, on the Corps maintenance activities in the Morro Bay Harbor, and the pending Reconnaissance Report for the Morro Bay Habitat Restoration Project. Mayor Novak opened the hearing for public comment. Charles Palmer expressed concern that the built-up sand from past years has not been • dredged. n u • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - MAY 26, 1998 Colonel Davis responded there is a sand trap built into the present proposed project. Bill Raflowski referred to the Mid -Florida Canal built by the Corps of Engineers, which he said was not worthwhile. Lee Shepherd referred to a boat harbor in Virginia Beach which had a problem with beach sand, and asked if the City of Morro Bay has considered contacting other agencies on how they resolved their similar problems. Harbor Director Rick Algert responded the City has contacted other harbors on the west and east coasts to look at problem solving. Mayor Novak closed the public comment hearing. This was an informational item, and no action was taken. B-2 ORDINANCE NO. 468 AUTHORIZING AN AMENDMENT TO THE CONTRACT BETWEEN THE CITY OF MORRO BAY AND PUBLIC • EMPLOYEES' RETIREMENT SYSTEM TO PROVIDE MILITARY SERVICE CREDIT FOR POLICE MEMBERS - FIRST READING/INTRODUCTION; (DAVIS) Personnel Officer Ardith Davis reviewed Ordinance No. 468 authorizing an amendment to the contract between the City of Morro Bay and PERS to provide military service credit for Police Members. She recommended the City Council approve the first reading and introduction of this Ordinance. Mayor Novak opened the hearing for public comment; there were no comments, and the public hearing was closed. MOTION: Councilmember Anderson moved the City Council approve the first reading/introduction of Ordinance No. 468. The motion was seconded by Councilmember Peirce and carried unanimously. (4-0) City Manager Dave Cole read Ordinance No. 468 by number and title only. Mayor Novak called for a break at 7:20 p.m.; the meeting resumed at 7:37 p.m. • 5 • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - MAY 26, 1998 B-3 REVIEW OF CODE ENFORCEMENT ACTION AT 430 PACIFIC STREET; (HUNT) This item was pulled from the agenda. B-4 RESOLUTION NO. 51-98 DECLARING THE CITY'S INTENT TO LEVY THE ANNUAL ASSESSMENT FOR THE MAINTENANCE OF THE NORTH POINT LIGHTING AND LANDSCAPING MAINTENANCE ASSESSMENT DISTRICT, AND APPROVAL OF THE ENGINEER'S REPORT; (LUEKER) Recreation & Parks Director Andrea Lueker reviewed the Engineers Report which outlines the annual costs of maintaining the North Point Natural Area. She noted the fiscal impact of the North Point Natural Area will total $5,645 for fiscal year 1998/99; however, 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. 51-98 declaring the intent to levy the annual assessment for the maintenance of the North Point Natural Area and approving • the Engineers Report. • Mayor Novak opened the hearing for public comment. Jim Wood stated there is a disclosure of assessment district fees when property is being purchased. John Barta stated the park at North Point is enjoyed by the public as a whole, and the cost should not be home by only the North Point property owners. Mayor Novak closed the public comment hearing. MOTION: Councilmember Peters moved the City Council adopt Resolution No. 51-98 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 Anderson and carried with Councilmember Peirce voting no. (3-1) C • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - MAY 26, 1998 C. UNFINISHED BUSINESS C-1 REPORT ON HARBOR ADVISORY BOARD'S REVIEW OF LOADING ZONES AND PARKING TIME LIMITS ON THE EMBARCADERO; (ALGERT) Harbor Director Rick Algert reviewed the Harbor Advisory Board's discussion and recommendations relating to loading zones and parking time limits on the Embarcadero. He noted in conformance with Council direction, staff had contacted a number of Embarcadero merchants and members of the Waterfront Leaseholder Association and requested their input. He said based on this input, the Harbor Advisory Board made the following recommendations: 1) leave Embarcadero parking as is, pending future acquisition of additional satellite parking by the City; and 2) the Board strongly recommends the City Council place as its top priority, use of parking in -lieu funds to purchase property for parking. Mr. Algert recommended the City Council approve in concept establishing three-hour parking time limits on four mid-Embarcadero west side street ends, and direct the Public Works Department to bring back an implementing • resolution at the June 8, 1998 City Council meeting. The City Council discussed the recommendations made by the Harbor Advisory Board, and requested staff return to the June 8th City Council meeting with a resolution establishing three-hour parking time limits on the four mid-Embarcadero west side street ends, and the City -leased parking lot next to the Shell Shop; and also requested revisions to the Mono Bay Municipal Code Section relating to parking time limits including restricted days and hours, and oversized vehicle parking. Council further requested a six- month review be agendized on this issue. No further action was taken on this item. D. NEW BUSINESS D-I CONSIDERATION OF AN EMPLOYEE INCENTIVE PROGRAM FOR RECOGNITION OF MONEY -SAVING IDEAS; (PETERS) Councilmember Peters requested the City Council consider implementing an Employee Incentive Program for recognition of money -saving ideas, and direct staff accordingly. The City Council requested the City's Department Heads discuss a motivational program for their employees, and return to Council with their ideas. • No further action was taken on this item. 7 • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - MAY 26, 1998 F. ADJOURNMENT The meeting adjourned at 8:25 p.m. Recorded by: Bridgett Bauer City Clerk • 0 0 NOTICE OF SPECIAL MEETING NOTICE IS HEREBY GIVEN that the Morro Bay City Council will be holding a Special Meeting on Thursday, May 21, 1998 at 5:30 p.m. to be held at the City Hall Conference Room, 595 Harbor Street, Morro Bay, California. The City Council will discuss the Special Joint Meeting of the City Councils and the Board of Supervisors of San Luis Obispo County which follows at 6:00 p.m. for a social hour, and 7:00 p.m. for the regular session. r1 LJ This Special Joint Meeting will take place at the Embassy Suites, 333 Madonna Road, San Luis Obispo, California. DATED: May 15, 1998 pwtJa/ Bridgett B r, City Clerk r1 U • MINUTES - MORRO BAY CITY COUNCIL SPECIAL MEETING - MAY 21, 1998 CITY HALL CONFERENCE ROOM - 5:30 P.M. Mayor Novak called the meeting to order at 5:33 p.m PRESENT: Cathy Novak Mayor Rodger Anderson Councilmember William Peirce Councilmember Janice Peters Councilmember ABSENT: Dave Elliott Councilmember STAFF: David Cole City Manager PUBLIC COMMENT - None. DISCUSSION Mayor Novak reviewed the agenda for the Joint County/Cities Meeting which is • scheduled in San Luis Obispo following this meeting. She stated there are two information items and two action items on the agenda. The two informational items are as follows: 1) ISTEA Surface Transportation Funding; and 2) Pavement Management and Rehabilitation Needs. The two action items are as follows: 1) San Luis Obispo County/Army Corps of Engineers District - discussion on the preference of San Luis Obispo County being in the Los Angeles District rather than the San Francisco District. She said perhaps a committee of City representatives should study this proposal and report back to each Council. 2) Elimination of Vehicle License Fee - ACA 45 guarantees funds to cities that AB 1776 would take away. ADJOURNMENT - 6:03 p.m. 0 NOTICE OF SPECIAL MEETING NOTICE IS HEREBY GIVEN that the Mono Bay City Council will be holding a Budget Workshop on Monday, May 11, 1998 at 9:00 a.m. to be held at the Veteran's Memorial Building, 209 Surf Street, Mono Bay, California. DATED: May 6, 1998 Bridgett EOuer, City Clerk 0 MINUTES - MORRO BAY CITY COUNCIL BUDGET WORKSHOP - MAY 11, 1998 • VETERANS MEMORIAL HALL - 9:00 A.M. Mayor Novak called the meeting to order at 9:06 a.m. PRESENT: Cathy Novak Mayor Rodger Anderson Councilmember Dave Elliott Councilmember William Peirce Councilmember Janice Peters Councilmember STAFF: David Cole City Manager Rick Algert Harbor Director Bill Boucher Public Works Director Jeff Jones Fire Chief Jim Koser Finance Director Joe Loven Police Chief Andrea Lueker Recreation & Parks Director Shauna Nauman Acting Planning & Building Director Finance Director Jim Koser reviewed the following: 1) the various funds in the budget; 2) the revenue summary; 3) the expenditure summary; and, 4) the General Fund. He noted the last payment for the Community Center financing went out on Friday, May 8, 1998, and is now paid for in full. Mr. Koser stated this budget does not contemplate any employee layoffs, and the General Fund Budget is balanced with proposed expenditures matching estimated revenues. He noted this is the second year of a two-year budget process, and overall, staff believes it serves the purpose of reducing the amount of time and costs for second year budgeting. Mr. Koser said for the most part, departmental budgets were adjusted for the costs of the recently approved labor settlements, except for the Fire Unit, which has not yet settled. He stated liability insurance costs rose 8% over last year, and the City Attorney fee schedule increased on January 1, 1998. Mr. Koser stated with these changes, and responding to a few other priorities, staff has arrived at a General Fund Budget of $6,660,640; this represents a 5.33% increase over the original budget for 1997/98, and an increase of $99,561 over what the City projected the amount to be last year. He said included in the projected revenues for the General Fund is $408,019 estimated to be the City's portion of the Vehicle License Fees, and this amount represents 6.13% of the General Fund. Mayor Novak called for a break at 10:20 a.m.; the meeting resumed at 10:36 a.m. The proposed budget was discussed by the City Council and staff. The next Budget Workshop has been scheduled for Thursday, May 28th at 6:00 p.m. in the Community Center. 0 The meeting adjourned at 11:42 a.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 - MAY 11, 1998; 5:00 P.M. CLOSED SESSION - MAY 11,1998 CITY HALL CONFERENCE ROOM - 5:00 P.M. 595 HARBOR ST., MORRO BAY, CA CS-1 GOVERNMENT CODE SECTION 54957• PERSONNEL ISSUES Discussions regarding personnel issues including one (1) public employee regarding discipline/release/evaluation, specifically the City Attorney. • CS-2 GOVERNMENT CODE SECTION 54957.6• CONFERENCE WITH LABOR NEGOTIATOR Conference with the City Manager, the City's Designated Representative, for the purpose of reviewing the City's position regarding salaries, salary schedules, or compensation paid in the form of fringe benefits, and giving instructions to the Designated Representative. CS-3 GOVERNMENT CODE SECTION 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 122-123/122W-123 W; Harbor Hut and Li'l Hut Negotiating Parties: George Leage, tenant/Harbor Director for City, landlord Negotiations: Lease Renewal 0 PUBLIC SESSION - MAY 11,1998 • VETERANS MEMORIAL HALL - 6:00 P.M. 209 SURF ST., MORRO BAY, CA ESTABLISH QUORUM AND CALL TO ORDER PRAYER PLEDGE OF ALLEGIANCE THOUGHT FOR THE DAY MAYOR AND COUNCILMEMBERS ANNOUNCEMENTS & PRESENTATIONS CLOSED SESSION REPORT PUBLIC COMMENT PERIOD - Members of the audience wishing to address the Council on City business matters (other than Public Hearing items under Section B) may do so at this time. To increase the effectiveness of the Public Comment Period, the following rules shall be followed: • When recognized by the Mayor, please come forward to the podium and state your name and address for the record. Comments are to be limited to three minutes. • All remarks shall be addressed to Council, as a whole, and not to any individual • member thereof. • No person shall be permitted to make slanderous, profane or personal remarks against any elected official, commission and/or staff. • COUNCIL DECLARATION OF FUTURE AGENDA ITEMS A. CONSENT CALENDAR Unless an item is pulled for separate action by the City Council, the following actions are approved without discussion. A-1 APPROVAL OF MINUTES FOR THE REGULAR CITY COUNCIL MEETINGS OF APRIL 13, 1998 AND APRIL 27, 1998; (BAUER) RECOMMENDATION: Approve as submitted. A-2 SET PUBLIC HEARING FOR REVIEW OF THE FISCAL YEAR 1998/99 APPROPRIATION LIMIT; (KOSER) RECOMMENDATION: Set June 22, 1998 as the date for a public hearing on the 1998/99 appropriation limits for the proceeds of taxes. 01 A-3 RESOLUTION NO. 45-98 APPROVING AN AMENDMENT TO THE • CONTRACT BETWEEN THE CITY OF MORRO BAY AND THE PUBLIC EMPLOYEES RETIREMENT SYSTEM: MILITARY SERVICE CREDIT AS PUBLIC SERVICE FOR LOCAL POLICE MEMBERS ONLY; (DAVIS) RECOMMENDATION: Adopt Resolution No. 45-98. A-4 RESOLUTION NO. 46-98 APPROVING A NEW 20-YEAR LEASE AGREEMENT FOR LEASE SITE 122-123/122W-123W - HARBOR HUT; (ALGERT) RECOMMENDATION: Adopt Resolution No. 46-98; authorize the Mayor to execute the new 20-year lease agreement with Harbor Hut Inc.; and execute a landlord's estoppel agreement, contingent on City Attorney approval of the agreement format. A-5 CONSIDERATION OF PARTICIPATION IN THE UNIFIED METROPOLITAN AREA NETWORK PROJECT; (LUEKER) RECOMMENDATION: Based on the cost of this project, advise the San Luis Coastal Unified School District that the City of Morro Bay is not able to fiscally participate in the UMAN project. A-6 REQUEST FOR FEE WAIVER BY THE MULTIPLE SCLEROSIS SOCIETY FOR • USE OF THE LIBRARY PROGRAM ROOM; (LUEKER) RECOMMENDATION: Deny fee waiver request. A-7 PROCLAMATION DECLARING MAY 16-22, 1998 AS "NATIONAL SAFE BOATING WEEK'; (ADMIN) RECOMMENDATION: Adopt proclamation. A-8 PROCLAMATION RECOGNIZING "NATIONAL POLICE MEMORIAL WEEK" AND "POLICE OFFICER MEMORIAL DAY"; (LOVEN) RECOMMENDATION: Adopt proclamation. B. PUBLIC HEARINGS. REPORTS & APPEARANCES B-1 BUSINESS LICENSE AND COMPLIANCE REVIEW FOR ARCADE LOCATED AT 231 ATASCADERO ROAD - PARADISE ISLAND FUN PARK; (LOVEN) RECOMMENDATION: Receive public comments regarding the annual review on the operation of the arcade located at 231 Atascadero Road; and, find that • the location has been in compliance will all pre-set conditions, allowing a business license renewal for the 1998/99 license year. t • C. UNFINISHED BUSINESS C-1 CONSIDERATION OF SCENIC LOOP SIGN LOCATION AND FUNDING; (PEIRCE) RECOMMENDATION: Receive report from Scenic Loop Sub -Committee. D. NEW BUSINESS D-1 DISCUSSION ON ASSEMBLY BILL 1776 REGARDING VEHICLE LICENSE FEES; (NOVAK) RECOMMENDATION: Discuss AB 1776 and take a position whether to support or oppose. D-2 CONSIDERATION OF STATUS OF PARKING IN -LIEU FUND; (PETERS) RECOMMENDATION: Discuss and direct staff accordingly. D-3 CONSIDERATION OF ORDINANCE PRECLUDING THE POSTING OF FLYERS AND ADVERTISEMENTS ON PUBLIC PROPERTY, AND ALLOWING POSTING ON PRIVATE PROPERTY WITH PERMISSION • FROM PROPERTY OWNER; (ELLIOTT) RECOMMENDATION: Discuss and direct staff accordingly. E. ADJOURNMENT THIS AGENDA IS SUBJECT TO AMENDMENT UP TO 72 HOURS PRIOR TO THE DATE AND TIME SET FOR THE MEETING. PLEASE REFER TO THE AGENDA POSTED AT CITY HALL FOR ANY REVISIONS OR CALL THE CLERK'S OFFICE AT 772-6200 FOR FURTHER INFORMATION. COPIES OF STAFF REPORTS OR OTHER PUBLIC DOCUMENTATION RELATING TO EACH ITEM OF BUSINESS REFERRED TO ON THIS AGENDA ARE ON FILE IN THE OFFICE OF THE CITY CLERK AND AVAILABLE FOR PUBLIC INSPECTION AND REPRODUCTION AT COST AT CITY HALL, LIBRARY, AND MILLS STATIONERY. IN COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT, IF YOU NEED SPECIAL ASSISTANCE TO PARTICIPATE IN A CITY MEETING, PLEASE CONTACT THE CITY CLERK'S OFFICE AT LEAST 24 HOURS PRIOR TO THE • MEETING TO INSURE THAT REASONABLE ARRANGEMENTS CAN BE MADE TO PROVIDE ACCESSIBILITY TO THE MEETING. 4 • MINUTES - MORRO BAY CITY COUNCIL CLOSED SESSION - MAY 11, 1998 CITY HALL CONFERENCE ROOM - 5:00 P.M. Mayor Novak called the meeting to order at 5:00 p.m PRESENT: Cathy Novak Mayor Rodger Anderson Councilmember Dave Elliott Councilmember William Peirce Councilmember Janice Peters Councilmember STAFF: David Cole City Manager David Hunt City Attorney Rick Algert Harbor Director Ardith Davis Personnel Officer CLOSED SESSION MOTION: Councilmember Anderson moved the meeting be adjourned to Closed Session. The motion was seconded by Councilmember Peirce and • unanimously carried. (5-0) Mayor Novak read the Closed Session statement. CS-1 GOVERNMENT CODE SECTION 54957; PERSONNEL ISSUES Discussions regarding personnel issues including one (1) public employee regarding discipline/release/evaluation, specifically the 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 instructions to the Designated Representative. 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 122-123/122W-123W; Harbor Hut and Li'I Hut Negotiating Parties: George Leage, tenant/Harbor Director for City, • landlord Negotiations: Lease Renewal • • • The meeting adjourned to Closed Session at 5:00 p.m. and returned to regular session at 5:56 p.m. MOTION: Councilmember Elliott moved the meeting be recessed until after regular session. The motion was seconded by Councilmember Peters and unanimously carried. (5-0) The meeting recessed at 5:56 p.m. MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - MAY 11, 1998 VETERANS MEMORIAL HALL - 6:00 P.M. Mayor Novak called the meeting to order at 6:00 p.m PRESENT: Cathy Novak Mayor Rodger Anderson Councilmember Dave Elliott Councilmember William Peirce Councilmember Janice Peters Councilmember STAFF: David Cole David Hunt Bridgett Bauer Rick Algert Ardith Davis Jeff Jones Jim Koser Joe Loven Andrea Lueker Shaun Nauman City Manager City Attorney City Clerk Harbor Director Personnel Officer Fire Chief Finance Director Police Chief Recreation & Parks Director Acting Planning & Building Director ESTABLISH QUORUM AND CALL TO ORDER PRAYER PLEDGE OF ALLEGIANCE THOUGHT FOR THE DAY MAYOR'S REPORTS & ANNOUNCEMENTS CLOSED SESSION REPORT - No reportable actions were taken. City Attorney David Hunt requested the City Council add Item A-9 to the Consent Calendar to approve Amicus Curie support with respect to Kobzoff v. Harbor/UCLA Medical Center. 01 • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - MAY 11, 1998 MOTION: Councilmember Peters moved the City Council add Item A-9 to the Consent Calendar. The motion was seconded by Councilmember Anderson and carried unanimously. (5-0) PUBLIC COMMENT Robin Freeman, USCG, reviewed Item A-7 (Proclamation declaring May 16-22, 1998 as "National Safe Boating Week") for public awareness on the safety of wearing lifejackets when out on a boat. She said activities will take place on Saturday, May 16th from 10:00 a.m. - 12:00 p.m. at the North T-Pier. Jim Nance stated the City should be using the taxpayer's money on the City's infrastructure, and also said residential streets need repair as well as streets used by tourists. He also suggested the City stop contracting services out. Bill Raflowski addressed Item A-3 (Resolution No. 45-98 Approving an Amendment to the Contract Between the City of Morro Bay and the Public Employees Retirement System: Military Service Credit as Public Service for Local Police Members Only), and is stated he spoke with personnel departments in other cities in the county, and these other cities do not provide this benefit. He also said the reason the City has to contract out for services is due to employee cutbacks in the past few years. Anthony Romero, Yellow Cab Taxi Service, addressed the need for a taxi cab service in Morro Bay, and said he is in the process of obtaining a permit for this service. John Barta expressed the importance of tourism in the City, because the transient occupancy tax generates approximately 30% of general fund revenues. Harry Rogers agreed with Mr. Barta regarding the importance of tourism in the City. He also expressed support for Item D-2 (Consideration of Status of In -Lieu Parking Fees), and Item D-3 (Consideration of Ordinance Precluding the Posting of Flyers and Advertisements on Public Property, and Allowing Posting on Private Property with Permission from Property Owner); he said this item is necessary to keep from littering public and private property. Nelson Sullivan addressed Item D-3, and recalled the number of political signs that were posted on one property during the 1996 campaign, which was in violation of the City Municipal Code relating to political signs. Mr. Sullivan stated he made a formal complaint regarding these signs which was ignored by the City. • Mayor Novak closed the public comment hearing. tj • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - MAY 11, 1998 City Attorney David Hunt clarified that Item A-3 was not discussed in Closed Session as stated in public comment. DECLARATION OF FUTURE AGENDA ITEMS Councilmember Peters requested three future agenda items: 1) consideration of an Employee Incentive Program for recognition of money -saving ideas; 2) due to the Highway One grade closure in the next few months, obtain a report from the Public Works/Police Departments regarding the consideration of a traffic signal at the Highway 41/Main Street intersection, or other traffic mitigation measures to assist in the impact; and 3) report on how City departments are prepared for the Year 2000 regarding computers and electrical equipment. A. CONSENT CALENDAR Unless an item is pulled for separate action by the City Council, the following actions are approved without discussion. is A-1 APPROVAL OF MINUTES FOR THE REGULAR CITY COUNCIL MEETINGS OF APRIL 13, 1998 AND APRIL 27, 1998; (BAUER) RECOMMENDATION: Approve as submitted. A-2 SET PUBLIC HEARING FOR REVIEW OF THE FISCAL YEAR 1998/99 APPROPRIATION LIMIT; (KOSER) RECOMMENDATION: Set June 22, 1998 as the date for a public hearing on the 1998/99 appropriation limits for the proceeds of taxes. A-3 RESOLUTION NO. 45-98 APPROVING AN AMENDMENT TO THE CONTRACT BETWEEN THE CITY OF MORRO BAY AND THE PUBLIC EMPLOYEES RETIREMENT SYSTEM: MILITARY SERVICE CREDIT AS PUBLIC SERVICE FOR LOCAL POLICE MEMBERS ONLY; (DAVIS) RECOMMENDATION: Adopt Resolution No. 45-98. • 4 • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - MAY 11, 1998 A-4 RESOLUTION NO. 46-98 APPROVING A NEW 20-YEAR LEASE AGREEMENT FOR LEASE SITE 122-123/122W-123W - HARBOR HUT; (ALGERT) RECOMMENDATION: Adopt Resolution No. 46-98; authorize the Mayor to execute the new 20-year lease agreement with Harbor Hut Inc.; and execute a landlord's estoppel agreement, contingent on City Attorney approval of the agreement format. A-5 CONSIDERATION OF PARTICIPATION IN THE UNIFIED METROPOLITAN AREA NETWORK PROJECT; (LUEKER) RECOMMENDATION: Based on the cost of this project, advise the San Luis Coastal Unified School District that the City of Morro Bay is not able to fiscally participate in the UMAN project. A-6 REQUEST FOR FEE WAIVER BY THE MULTIPLE SCLEROSIS SOCIETY FOR USE OF THE LIBRARY PROGRAM ROOM; (LUEKER) • RECOMMENDATION: Deny fee waiver request. • A-7 PROCLAMATION DECLARING MAY 16-22, 1998 AS "NATIONAL SAFE BOATING WEEK'; (ADMIN) RECOMMENDATION: Adopt proclamation. A-8 PROCLAMATION RECOGNIZING "NATIONAL POLICE MEMORIAL WEEK" AND "POLICE OFFICER MEMORIAL DAY'; (LOVEN) RECOMMENDATION: Adopt proclamation. A-9 REQUEST FOR CONSENT TO JOIN AS AMICUS CURIE WITH RESPECT TO KOBZOFF V HARBORIUCLA MEDICAL CENTER RECOMMENDATION: Authorize the City Attorney's office to transmit consent to join as Amicus Curie. Mayor Novak pulled Items A-1 and A-3 from the Consent Calendar; Councilmember Peters pulled Item A-4; Councilmember Peirce pulled Item A-5; and Councilmember Anderson pulled Item A-9. 5 • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - MAY 11, 1998 MOTION: Councilmember Peters moved the City Council approve the Consent Calendar with the exception of Items A-1, A-3, A-4, A-5 and A-9. The motion was seconded by Councilmember Anderson and carried unanimously. (5-0) A-1 APPROVAL OF MINUTES FOR THE REGULAR CITY COUNCIL MEETINGS OF APRIL 13, 1998 AND APRIL 27, 1998; (BAUER) Mayor Novak stated corrections have been made to Page 10 of the April 13th minutes, and Page 10 of the April 27th minutes; both corrections have been copied to Council. MOTION: Councilmember Anderson moved the City Council approve the Item A-1 of the Consent Calendar as amended. The motion was seconded by Councilmember Peters and carried unanimously. (5-0) A-3 RESOLUTION NO. 45-98 APPROVING AN AMENDMENT TO THE CONTRACT BETWEEN THE CITY OF MORRO BAY AND THE PUBLIC • EMPLOYEES RETIREMENT SYSTEM: MILITARY SERVICE CREDIT AS PUBLIC SERVICE FOR LOCAL POLICE MEMBERS ONLY; (DAVIS) Mayor Novak asked for staff clarification on this item. Personnel Officer Ardith Davis stated Resolution No. 45-98 announces the intention of the City to amend its contract with Public Employees' Retirement System (PERS) to add the optional benefit of Military Service Credit as Public Service. She said this amendment will allow sworn police employees to purchase service credit from PERS equal to time spent in military service. Ms. Davis noted the employee will pay the entire cost of the benefit MOTION: Councilmember Peters moved the City Council approve Item A-3 of the Consent Calendar. The motion was seconded by Councilmember Elliott and carried unanimously. (5-0) A-4 RESOLUTION NO. 46-98 APPROVING A NEW 20-YEAR LEASE AGREEMENT FOR LEASE SITE 122-123/122W-123W - HARBOR HUT; (ALGERT) Councilmember Peters asked for staff review of this item. Harbor Director Rick Algert stated the existing leases for Harbor Hut/L'il Hut and Tiger's Folly will terminate on December 31, 2002. He said under the new lease, the tenant will be required to make repairs to existing buildings and revetments no later than the Year 2000, and may • exercise a 5 to 10 year option in exchange for constructing a public walkway/boardwalk on City lands between GAFCO and Harbor Hut. Mr. Algert noted approval of the new 2. • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - MAY 11, 1998 lease agreement will increase lease rental revenue to the Harbor Fund by $19,000 in fiscal year 1998/99, and approximately $39,000 in fiscal year 1999/00. MOTION: Councilmember Peters moved the City Council approve Item A-4 of the Consent Calendar. The motion was seconded by Councilmember Elliott and carried unanimously. (5-0) A-5 CONSIDERATION OF PARTICIPATION IN THE UNIFIED METROPOLITAN AREA NETWORK PROJECT; (LUEKER) Councilmember Peirce said a presentation on this project should be scheduled at a future Council meeting if the May 22nd deadline for participation is not final.. He said this project could save the City money in the future. MOTION: Mayor Novak moved the City Council direct staff to write a letter to the San Luis Coastal Unified School District stating the City cannot participate in this project at this time; however, if the timeline is extended, the City Council will reconsider at that time. The motion was seconded by • Councilmember Peters and carried unanimously. (5-0) A-9 REQUEST FOR CONSENT TO JOIN AS AMICUS CURIE WITH RESPECT TO KOBZOFF V HARBOR/UCLA MEDICAL CENTER Councilmember Anderson requested staff clarification on this item. City Attorney David Hunt stated this case is very important to cities since it will define the standards which must be proven for public entities to collect attorneys fees and costs from plaintiffs who file frivolous lawsuits. MOTION: Councilmember Anderson moved the City Council approve Item A-9 of the Consent Calendar. The motion was seconded by Councilmember Peters and carried unanimously. (5-0) B. PUBLIC HEARINGS. REPORTS & APPEARANCES B-1 BUSINESS LICENSE AND COMPLIANCE REVIEW FOR ARCADE LOCATED AT 231 ATASCADERO ROAD - PARADISE ISLAND FUN PARK; (LOVEN) Police Chief Joe Loven stated the current business located at 231 Atascadero Road, Paradise Island Fun Park, has been operating in full compliance with the approved conditions and has not been a law enforcement problem since opening in July 1997. • Chief Loven recommended the City Council receive public comments regarding the annual review on the operation of the arcade located at 231 Atascadero Road; and, find VI • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - MAY 11, 1998 that the location has been in compliance will all pre-set conditions, allowing a business license renewal for the 1998/99 license year. Mayor Novak opened the hearing for public comment. John Barta stated this project complied with all permit conditions and requested Council approve the annual business license permit. Mayor Novak closed the public comment hearing. The City Council expressed support for this project, and approved the annual business license permit for fiscal year 1998/99. No further action was taken on this item. C. UNFINISHED BUSINESS • C-1 CONSIDERATION OF SCENIC LOOP SIGN LOCATION AND FUNDING; (PEIRCE) Scenic Loop Sub -Committee Members John Barta and Wally McCray, and Council liaison Bill Peirce reported to the City Council on the sample route signs for placement along the proposed scenic loop, sample signs for placement on Highway One, an estimate of costs, and technical information for sign placement. Mayor Novak stated she does not agree with the Department of State Parks' request to review this plan prior to Council's approval. Council concurred with Mayor Novak, and noted that there were no representatives from the Department of State Parks present at this meeting. Council discussed funding of the signs which amounts to $5,000. Mayor Novak suggested increasing the RUDAT fund by $2,500, and fund the remainder $2,500 through the transient vendor business license tax. Councilmembers Anderson and Peirce expressed the importance of this project to bring tourists to town, because without tourism, there will not be sufficient funds to assist in the rehabilitation of the infrastructure of the City. Mayor Novak reviewed the draft resolution, and recommended one amendment to petition CalTrans to erect the highway signs as part of the application; Council concurred. • Ei • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - MAY 11, 1998 MOTION: Councilmember Peirce moved the City Council adopt Resolution No. 47-98 in support of the Morro Bay 3-Mile Scenic Loop. The motion was seconded by Councilmember Peters and carried unanimously. (5-0) Mayor Novak called for a break at 7:41 p.m.; the meeting resumed at 8:00 p.m. D. NEW BUSINESS D-1 DISCUSSION ON ASSEMBLY BILL 1776 REGARDING VEHICLE LICENSE FEES; (NOVAK) Mayor Novak reviewed Assembly Bill (AB) 1776 which is a plan to abolish the Vehicle License Fees also known as the California Car Tax. She noted this Bill will not jeopardize revenues to the City. Mayor Novak also said she will subscribe to both AB 1776 and Assembly Constitutional Amendment (ACA) 45 through the internet, which will automatically notify her of any changes. She requested the City Council discuss and • take a position whether to support or oppose this Bill. Councilmember Elliott stated the passage of this Bill will benefit the taxpayers, and eliminate an unnecessary fee. Councilmembers Anderson and Peirce stated they will support this Bill if there is no budgetary loss to the City; however, if there is any change to the language, they will pull their support. Councilmember Peters stated she vehemently opposes the passage of this Bill. She expressed concern with where the State will retrieve the funds lost from the passage of this Bill. Councilmember Peters said this is a steady tax which does not fluctuate, and she cannot support the potential loss of up to $408,000 from the City's budget. MOTION: Mayor Novak moved the City Council express their support of AB 1776 and ACA 45. The motion was seconded by Councilmember Peirce and carried with Councilmember Peters voting no. (4-1) D-2 CONSIDERATION OF STATUS OF PARKING IN -LIEU FUND; (PETERS) Councilmember Peters requested the City Council consider reviewing the status of the City's parking in -lieu fund, and direct staff accordingly. • Council requested staff prepare a status report and return in July. Z • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - MAY 11, 1998 No further action was taken on this item. D-3 CONSIDERATION OF ORDINANCE PRECLUDING THE POSTING OF FLYERS AND ADVERTISEMENTS ON PUBLIC PROPERTY, AND ALLOWING POSTING ON PRIVATE PROPERTY WITH PERMISSION FROM PROPERTY OWNER; (ELLIOTT) Councilmember Elliott requested the City Council consider drafting an ordinance precluding the posting of flyers and advertisements on public property, and allowing posting on private property with permission from property owners, and direct staff accordingly. Council requested staff draft an ordinance addressing this issue for Council review. No further action was taken on this item. • F. ADJOURNMENT The meeting adjourned at 8:50 p.m. to Closed Session. Recorded by: Bridgett Bauer City Clerk 0 10 City of Morro Bay City Council Agenda Mission Statement The City of Morro Bay is dedicated to the preservation and enhancement of the quality of life. The City shall be committed to this purpose and will provide a Level of municipal service and safety consistent with and responsive to the needs of the public. REGULAR MEETING - APRIL 27, 1998; 5:00 P.M. CLOSED SESSION - APRIL 27, 1998 CITY HALL CONFERENCE ROOM - 5:00 P.M. 595 HARBOR ST., MORRO BAY, CA CS-1 GOVERNMENT CODE SECTION 54957; PERSONNEL ISSUES DISCUSSIONS REGARDING PERSONNEL ISSUES INCLUDING ONE (1) PUBLIC EMPLOYEE REGARDING DISCIPLINE/RELEASE/EVALUATION, SPECIFICALLY THE CITY ATTORNEY. CS-2 GOVERNMENT CODE SECTION 54956.9(b); CONFERENCE WITH LEGAL COUNSEL DUE TO SIGNIFICANT EXPOSURE TO LITIGATION SIGNIFICANT EXPOSURE TO LITIGATION EXISTS BASED UPON • EXISTING FACTS AND CIRCUMSTANCES, AS ADVISED BY LEGAL COUNSEL, AS TO ONE (1) MATTER(S), SPECIFICALLY THE ISSUANCE OF MULTIPLE BUILDING PERMITS TO LOTS IN THE CLOISTERS' SUBDIVISION WHICH COULD EXCEED THE 25% ALLOCATION TO ANY ONE DEVELOPER THROUGH THE SALE OF MULTIPLE LOTS OF THE SUBDIVISION TO OTHER DEVELOPMENT COMPANIES. PUBLIC SESSION - APRIL 27, 1998 VETERANS MEMORIAL HALL - 6:00 P.M. 209 SURF ST., MORRO BAY, CA ESTABLISH QUORUM AND CALL TO ORDER PRAYER PLEDGE OF ALLEGIANCE THOUGHT FOR THE DAY MAYOR AND COUNCILMEMBERS ANNOUNCEMENTS & PRESENTATIONS CLOSED SESSION REPORT 9 • 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. • AA APPROVAL OF MINUTES FOR THE REGULAR CITY COUNCIL MEETING OF APRIL 13, 1998; (BAUER) C� RECOMMENDATION: This item has been pulled from the agenda. A-2 STATEMENT OF CASH & INVESTMENTS - MARCH 1998; (KOSER) RECOMMENDATION: Receive for information. A-3 EXPENDITURE REPORT - MARCH 1998; (KOSER) RECOMMENDATION: Approve as submitted. A-4 TRANSFER OF VEHICLE OWNERSHIP TO CITY MANAGER; (NOVAK) RECOMMENDATION: Approve the transfer of the 1989 Ford Thunderbird to City Manager in lieu of one year's car allowance. 2 A-5 RESOLUTION NO. 42-98 APPROVING LEASE AGREEMENT WITH • MORRO BAY COMMERCIAL FISHERMEN'S ORGANIZATION (MBCFO) FOR USE OF COMMERCIAL FISHERMEN'S GEAR STORAGE AREA; (ALGERT) RECOMMENDATION: Adopt Resolution No. 42-98 and authorize the Mayor to execute the Lease Agreement with MBCFO for operation of the gear storage area project. A-6 RESOLUTION NO. 43-98 APPROVING SUBLEASE AGREEMENT FOR OPERATION OF A FISH MARKET ON LEASE SITE 128 - FINICKY FISH; (ALGERT) RECOMMENDATION: Adopt Resolution No. 43-98 approving sublease of a portion of Lease Site 128/128W between Leta Moores and Gengrand Food Company DBA Mariscos. A-7 CONSIDERATION OF REQUEST TO CHANGE THE TROLLEY ROUTE; (BOUCHER) RECOMMENDATION: Consider the citizen request to change the trolley route to pass the corner of Pacific and Main Street, but deny the request to alter the • trolley route. A-8 RESOLUTION NO. 38-98 APPROVING TRANSFER OF DESALINATION FACILITY DISCHARGE AGREEMENT FROM PACIFIC GAS & ELECTRIC COMPANY TO DUKE ENERGY; (BOUCHER) RECOMMENDATION: Adopt Resolution No. 38-98. A-9 PROCLAMATION DECLARING MAY 1998 AS "MORRO BAY VOLUNTEER MONTH"; (LUEKER) RECOMMENDATION: Adopt Proclamation. A-10 PROCLAMATION DECLARING MAY 2, 1998 AS "GLOBAL IODINE DEFICIENCY DISORDERS DAY'; (NOVAK) RECOMMENDATION: Adopt Proclamation. • 3 • B. PUBLIC HEARINGS, REPORTS & APPEARANCES B-1 RESOLUTION NO. 39-98 INITIATING PROCEEDING TO LEVY THE ANNUAL ASSESSMENT FOR THE NORTH POINT NATURAL AREA LANDSCAPING AND LIGHTING MAINTENANCE ASSESSMENT DISTRICT; (LUEKER) RECOMMENDATION: Adopt Resolution No. 39-98 ordering the preparation of an engineer's report detailing the expenses projected for Fiscal Year 1998-99 for the maintenance of the North Point Natural Area. C. UNFINISHED BUSINESS C-I RESOLUTION NO. 36-98 APPROVING REQUEST TO TRANSFER CABLE TV FRANCHISE TO CHARTER COMMUNICATIONS; (BOUCHER) RECOMMENDATION: Adopt Resolution No. 36-98. C-2 CONSIDERATION OF AMENDING CHANNEL 54 OPERATING POLICIES AND GUIDELINES; (BOUCHER) RECOMMENDATION: 1) Approve the amended guidelines in Attachment A with • the exception of Item 5(c); and 2) with regard to Item 5(c), retain the current policy of airing campaign debates by the League of Women Voters. C-3 CONSIDERATION OF CHARTER CITY v. GENERAL LAW CITY RAMIFICATIONS; (PEIRCE) RECOMMENDATION: Discuss and instruct staff accordingly. C-4 REQUEST FOR CITY COUNCIL DIRECTION ON ISSUES RELATED TO THE WATER ALLOCATION AMENDMENT PACKAGE CURRENTLY PENDING REVIEW AND CERTIFICATION BY THE CALIFORNIA COASTAL COMMISSION; (NAUMAN) RECOMMENDATION: Review and direct staff accordingly. D. NEW BUSINESS D-1 PRESENTATION BY THE COUNTY OFFICE OF EDUCATION REGARDING A REGIONAL EDUCATION CHANNEL; (BOUCHER) RECOMMENDATION: Receive presentation by Dr. Kenneth Palmer, County Superintendent of Schools. 4 • D-2 RESOLUTION NO. 41-98 IMPLEMENTING THE PUBLIC, EDUCATIONAL AND GOVERNMENT ACCESS PLAN FOR MORRO BAY; (BOUCHER) RECOMMENDATION: Adopt Resolution No. 41-98. D-3 CONSIDERATION TO ESTABLISH A "FRIENDS OF 54" FUND TO RAISE FUNDS FOR PAYMENT TO THE DESIGNATED VIDEO PRODUCTION COMPANY FOR TAPING ALL GOVERNMENT MEETINGS AND COMMUNITY EVENTS AS APPROVED BY THE CITY COUNCIL; (PETERS) RECOMMENDATION: Consider and direct staff accordingly. D-4 CONSIDERATION OF CREATING A SCENIC LOOP IN MORRO BAY; (PEIRCE) RECOMMENDATION: Consider and direct staff accordingly. D-5 CONSIDERATION OF CITY DEPARTMENTAL PRODUCTIVITY DURING OFFICE CLOSURE HOURS; (ELLIOTT) • RECOMMENDATION: Consider and direct staff accordingly. D-6 CONSIDERATION OF "OLD TOWN" BLANKET ENCROACHMENT PERMIT POLICY; (ELLIOTT/NOVAK) RECOMMENDATION: Consider 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. • F1 • MINUTES - MORRO BAY CITY COUNCIL CLOSED SESSION - APRIL 27, 1998 CITY HALL CONFERENCE ROOM - 5:00 P.M. Mayor Novak called the meeting to order at 5:00 p.m. PRESENT: Cathy Novak Mayor Rodger Anderson Councilmember Dave Elliott Councilmember William Peirce Councilmember Janice Peters Councilmember STAFF: David Cole City Manager David Hunt City Attorney Bill Boucher Public Works Director Shauna Nauman Acting Planning & Building Director CLOSED SESSION MOTION: Councilmember Peters moved the meeting be adjourned to Closed Session. The motion was seconded by Councilmember Peirce and • unanimously carried. (5-0) Mayor Novak read the Closed Session statement. CS-1 GOVERNMENT CODE SECTION 54957; PERSONNEL ISSUES DISCUSSIONS REGARDING PERSONNEL ISSUES INCLUDING ONE (1) PUBLIC EMPLOYEE REGARDING DISCIPLINE/RELEASE/EVALUATION, SPECIFICALLY THE CITY ATTORNEY. CS-2 GOVERNMENT CODE SECTION 54956.9(b); CONFERENCE WITH LEGAL COUNSEL DUE TO SIGNIFICANT EXPOSURE TO LITIGATION SIGNIFICANT EXPOSURE TO LITIGATION EXISTS BASED UPON EXISTING FACTS AND CIRCUMSTANCES, AS ADVISED BY LEGAL COUNSEL, AS TO ONE (1) MATTER(S), SPECIFICALLY THE ISSUANCE OF MULTIPLE BUILDING PERMITS TO LOTS IN THE CLOISTERS' SUBDIVISION WHICH COULD EXCEED THE 25% ALLOCATION TO ANY ONE DEVELOPER THROUGH THE SALE OF MULTIPLE LOTS OF THE SUBDIVISION TO OTHER DEVELOPMENT COMPANIES. The meeting adjourned to Closed Session at 5:00 p.m. and returned to regular session at • 5:50 p.m. C� • MOTION: Councilmember Peirce moved the meeting be adjourned. The motion was seconded by Councilmember Elliott and unanimously carried. (5-0) The meeting adjourned at 5:50 p.m. MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - APRIL 27, 1998 VETERANS MEMORIAL HALL - 6:00 P.M. Mayor Novak called the meeting to order at 6:00 p.m PRESENT: Cathy Novak Mayor Rodger Anderson Councilmember Dave Elliott Councilmember William Peirce Councilmember Janice Peters Councilmember STAFF: David Cole David Hunt Bridgett Bauer Rick Algert Bill Boucher Janeen Burlingame Jeff Jones Jim Koser Joe Loven Andrea Lueker Shauna Nauman City Manager City Attorney City Clerk Harbor Director Public Works Director Public Works Admin. Assistant Fire Chief Finance Director Police Chief Recreation & Parks Director Acting Planning & Building Director ESTABLISH QUORUM AND CALL TO ORDER PRAYER PLEDGE OF ALLEGIANCE THOUGHT FOR THE DAY MAYOR'S REPORTS & ANNOUNCEMENTS Fire Chief Jeff Jones presented a Certificate of Appreciation to Councilmember Anderson for his heroic efforts in saving a customer from choking. Mayor Novak presented Certificates of Appreciation to the Morro Bay Police Department dispatchers for their service to the City. 2 • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - APRIL 27, 1998 Mayor Novak requested the City Council approve Item A-10 of the Consent Calendar so that she may make a presentation; Council concurred. MOTION: Councilmember Peters moved the City Council approve Item A-10 of the Consent Calendar. The motion was seconded by Councilmember Peirce and carried unanimously. (5-0) Mayor Novak presented the Proclamation declaring May 2, 1998 as "Global Iodine Deficiency Disorders Day" to a representative of Kiwanis. CLOSED SESSION REPORT - No reportable action was taken by Council. PUBLIC COMMENT Suedene Walker, Chamber of Commerce, reported the 4a' of July festivities has financially met the halfway mark. • Roger Ewing expressed support on Item D-3 (Consideration to Establish a "Friends of 54" Fund to Raise Funds for Payment to the Designated Video Production Company for Taping all Government Meetings and Community Events as Approved by the City Council). He also stated he disagrees with staff recommendations relating to Item C-2 (Consideration of Amending Channel 54 Operating Policies and Guidelines), noting it is a benefit to have the debates aired no matter who sponsors them. Rush Colmaine, Atascadero resident, stated he promotes PEG Access, and requested the City Council move forward on this issue. Bill Walter commented on Item C-4 (Request for City Council Direction on Issues Related to the Water Allocation Amendment Package Currently Pending Review and Certification by the California Coastal Commission), and assured the City Council that the Cloisters Project is not planning to build out in any one year as a tract development. Harry Rogers addressed Item C-4, and stated people have to pay the price in order to build in Morro Bay. Meredith Bates addressed Item C-1 (Resolution No. 36-98 Approving Request to Transfer Cable TV Franchise to Charter Communications), and thanked Council for . approving the use of a consultant relating to the Cable TV franchise transfer. She also addressed Item C-2, stating the League of Women Voters is the most appropriate group to sponsor debates. Ms. Bates expressed the importance of Item D-2 (Resolution No. 3 • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - APRIL 27, 1998 41-98 Implementing the Public, Educational and Government (PEG) Access Plan for Morro Bay) to the City. Lynda Merrill addressed Item D-4 (Consideration of Creating a Scenic Loop in Morro Bay), and stated it is a good idea, but requested half the signs be used. She also referred to empty flag poles that are located at the intersections downtown, and requested they be removed. John Barta addressed Item C-4, and stated people who buy lots in the Cloisters subdivision should have the same rights of any other property owner in the City. He also referred to Item D-4, noting the key issue is cooperation with CalTrans relating to the Scenic Corridor with signage directing people off Highway One into Morro Bay. Steve Mathieu addressed Item C-2, and encouraged the City Council to carefully review the proposed policies and guidelines. He reviewed different events that have been filmed in the City that should be aired but do not fit in the current policies and guidelines. • Wally McCray addressed Item D-4, and stated traffic symbols are necessary to direct people off the highway into the City. DECLARATION OF FUTURE AGENDA ITEMS Councilmember Elliott stated he has noticed the posting of flyers and advertisements on public property, and would like to discuss the passage of an ordinance to abolish these postings, and to allow posting on private property with permission from the property owner. Councilmember Peters requested a status report on the parking in -lieu fund be agendized. A. CONSENT CALENDAR Unless an item is pulled for separate action by the City Council, the following actions are approved without discussion. A-1 APPROVAL OF MINUTES FOR THE REGULAR CITY COUNCIL MEETING OF APRIL 13, 1998; (BAUER) . RECOMMENDATION: This item has been pulled from the agenda. 2 • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - APRIL 27, 1998 A-2 STATEMENT OF CASH & INVESTMENTS - MARCH 1998; (KOSER) RECOMMENDATION: Receive for information. A-3 EXPENDITURE REPORT - MARCH 1998; (KOSER) RECOMMENDATION: Approve as submitted. A-4 TRANSFER OF VEHICLE OWNERSHIP TO CITY MANAGER; (NOVAK) RECOMMENDATION: Approve the transfer of the 1989 Ford Thunderbird to City Manager in lieu of one year's car allowance. A-5 RESOLUTION NO. 42-98 APPROVING LEASE AGREEMENT WITH MORRO BAY COMMERCIAL FISHERMEN'S ORGANIZATION (MBCFO) FOR USE OF COMMERCIAL FISHERMEN'S GEAR STORAGE AREA; (ALGERT) • RECOMMENDATION: Adopt Resolution No. 42-98 and authorize the Mayor to execute the Lease Agreement with MBCFO for operation of the gear storage area project. • A-6 RESOLUTION NO. 43-98 APPROVING SUBLEASE AGREEMENT FOR OPERATION OF A FISH MARKET ON LEASE SITE 128 - FINICKY FISH; (ALGERT) RECOMMENDATION: Adopt Resolution No. 43-98 approving sublease of a portion of Lease Site 128/128W between Leta Moores and Gengrand Food Company DBA Mariscos. A-7 CONSIDERATION OF REQUEST TO CHANGE THE TROLLEY ROUTE; (BOUCHER) RECOMMENDATION: Consider the citizen request to change the trolley route to pass the corner of Pacific and Main Street, but deny the request to alter the trolley route. E • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - APRIL 27, 1998 A-8 RESOLUTION NO. 38-98 APPROVING TRANSFER OF DESALINATION FACILITY DISCHARGE AGREEMENT FROM PACIFIC GAS & ELECTRIC COMPANY TO DUKE ENERGY; (BOUCHER) RECOMMENDATION: Adopt Resolution No. 38-98. A-9 PROCLAMATION DECLARING MAY 1998 AS "MORRO BAY VOLUNTEER MONTH"; (LUEKER) RECOMMENDATION: Adopt Proclamation. A-10 PROCLAMATION DECLARING MAY 2, 1998 AS "GLOBAL IODINE DEFICIENCY DISORDERS DAY'; (NOVAK) RECOMMENDATION: Adopt Proclamation. Councilmember Elliott pulled Item A-7 from the Consent Calendar; and Councilmember • Anderson pulled Item A-9. • MOTION: Councilmember Peirce moved the City Council approve the Consent Calendar with the exception of Items A-7 and A-9. The motion was seconded by Councilmember Anderson and carried unanimously. (5-0) A-7 CONSIDERATION OF REQUEST TO CHANGE THE TROLLEY ROUTE; (BOUCHER) Councilmember Elliott stated he has concern with changing the trolley route due to costs incurred by the City; however, if the route is changed, he does not want the property owner to be charged. The City Council concurred to change the trolley route based on Attachment "A" of the staff report, without charging the property owner for any expenses incurred. The City Council agreed that this house and business are an aesthetic asset which the trolley should pass by for people to see. 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. (5-0) N. • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - APRIL 27, 1998 A-9 PROCLAMATION DECLARING MAY 1998 AS "MORRO BAY VOLUNTEER MONTH"; (LUEKER) Councilmember Anderson expressed appreciation to the volunteers in Morro Bay. MOTION: Councilmember Anderson moved the City Council approve Item A-9 of the Consent Calendar. The motion was seconded by Councilmember Peirce and carried unanimously. (5-0) Mayor Novak called for a break at 7:14 p.m.; the meeting resumed at 7:30 p.m. B. PUBLIC HEARINGS, REPORTS & APPEARANCES B-1 RESOLUTION NO. 39-98 INITIATING PROCEEDING TO LEVY THE ANNUAL ASSESSMENT FOR THE NORTH POINT NATURAL AREA LANDSCAPING AND LIGHTING MAINTENANCE ASSESSMENT • DISTRICT; (LUEKER) Recreation & Parks Director Andrea Lueker reviewed the background of the North Point Natural Area Landscaping and Lighting Maintenance Assessment District. She noted the fiscal impact for fiscal year 1997/98 provided $5,000 for the maintenance of the North Point Natural Area. Ms. Lueker recommended the City Council adopt Resolution No. 39-98 ordering the preparation of an engineer's report detailing the expenses projected for fiscal year 1998-99 for the maintenance of the North Point Natural Area which will be presented to the City Council at the May 26, 1998 meeting. Mayor Novak opened the hearing for public comment. Harry Rogers expressed concern with a developer being forced with an assessment of a project which benefits the public. Mayor Novak closed the public comment hearing. Ms. Locker noted the California Coastal Commission required as a condition to this project, a beach access through the natural area to be maintained by the City. Councilmembers Anderson and Peters expressed support for this assessment district, . noting it allows for a beach access and parking which is used by the property owners and their guests. 7 • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - APRIL 27, 1998 Councilmember Elliott disagreed stating he does not support fees which are charged to property owners for a natural area. MOTION: Councilmember Peters moved the City Council adopt Resolution No. 39-98 ordering the preparation of an engineer's report detailing the expenses projected for fiscal year 1998/99 for the maintenance of the North Point Natural Area which will be presented to the City Council at the May 26, 1998 meeting. The motion was seconded by Councilmember Anderson and carried with Councilmember Elliott voting no. (4-1) C. UNFINISHED BUSINESS C-1 RESOLUTION NO. 36-98 APPROVING REQUEST TO TRANSFER CABLE TV FRANCHISE TO CHARTER COMMUNICATIONS; (BOUCHER) Public Works Administrative Assistant Janeen Burlingame reviewed the background relating to the Cable TV franchise transfer, noting a two -stage transfer is formally • proposed: 1) a transfer of the interests of Christopher Cohan in Sonic Partners, L.P. (the sole owner of Sonic Enterprises) to Sonicvest LLC; and 2) a purchase of the assets of Sonic Cable Television of San Luis Obispo by Charter Communications Properties LLC. She said there is no fiscal impact to the City in accepting or denying the transfer of the cable franchise; however, there have been costs associated with the cable consultant hired to analyze the transfer application including negotiating the Transfer Agreement, and for which the City Council has already appropriated funds in the amount of $3,500. Ms. Burlingame recommended the City Council adopt Resolution No. 36-98 approving the request to transfer Cable TV franchise to Charter Communications. Sue Buske, Buske Group, is the cable consultant hired by the City to analyze the information provided by Sonic Cable TV and Charter Communications. She presented the City Council with a status report on the transfer process. The City Council discussed the operation and placement of the equipment at the insertion management point. City Attorney David Hunt reviewed ADA requirements for the placement of the equipment. Mel Matthews, representative of Charter Communications, addressed Charter's intent on Council's concerns with ADA issues. The consensus of the Council was in approval of the request to transfer the Cable TV franchise to Charter Communications. K • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - APRIL 27, 1998 MOTION: Councilmember Peters moved the City Council adopt Resolution No. 36-98 approving the request to transfer Cable TV franchise to Charter Communications. The motion was seconded by Councilmember Peirce and carried unanimously. (5-0) C-2 CONSIDERATION OF AMENDING CHANNEL 54 OPERATING POLICIES AND GUIDELINES; (BOUCHER) Public Works Administrative Assistant Janeen Burlingame stated at the March 9, 1998 City Council meeting, the Council discussed whether to make an exception to the present Channel 54 operating policy relating to campaign debates to allow airing of a previously taped campaign forum for the Board of Supervisor election. She said after considerable discussion, Council directed staff to place this matter on the agenda of the April 8, 1998 Public Works Advisory Board (PWAB) meeting for review and recommendation. • Ms. Burlingame stated following discussion of the PWAB, the Board recommended the City Council approve the amended guidelines in Attachment "A" with the inclusion of broadcasting, uncut and unedited, tapes of campaign debates or "candidate night' forums for Morro Bay Mayor, Morro Bay City Council and San Luis Obispo Board of Supervisors District 2, but only if the forum is open to the public where all candidates for the offices are invited and the forum sponsor does not advertise its position or endorse any candidate during the taping. Ms. Burlingame noted staff recommends the City Council: 1) approve the amended guidelines in Attachment "A" with the exception of Item 50; and 2) with regard to Item 50, retain the current policy of airing campaign debates by the League of Women Voters. The City Council discussed the airing of special events on Channel 54, and agreed that any special event sponsored by a City department or approved by the City Council should be aired on Channel 54; and, only local election debates (Mayor and City Council) should be aired on Channel 54. Council amended Items 4, 50, and 7 of the Channel 54 policies and guidelines, and requested staff agendize the amended policies and guidelines for Council approval as a Consent Calendar item. No further action was taken on this item. • Mayor Novak called for a break at 9:13 p.m.; the meeting resumed at 9:25 p.m. 0] • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - APRIL 27, 1998 Mayor Novak requested the City Council take the agenda out of order to hear Item C-4 next; Council concurred. C-4 REQUEST FOR CITY COUNCIL DIRECTION ON ISSUES RELATED TO THE WATER ALLOCATION AMENDMENT PACKAGE CURRENTLY PENDING REVIEW AND CERTIFICATION BY THE CALIFORNIA COASTAL COMMISSION; (NAUMAN) Acting Planning and Building Director Shauna Nauman stated on May 12, 1997, the City Council adopted changes to Morro Bay Municipal Code Section 13.20 (Allocation of Water Resources). She said as part of the revisions, the distribution of residential units allowed under Measure F was tied to the award of water equivalency units. Ms. Nauman noted a situation has developed where there is the possibility that a large subdivision, such as the Cloisters subdivision, could take a more than fair share of the annual allocation of single family residential units allowed under the City's growth limitation (Measure F), based on change in the distribution method of the annual • residential allocations. She requested the City Council review this issue and direct staff accordingly. Bill Walter, representative for Cloister's subdivision, responded that economics would not allow for numerous homes to be built in this subdivision at any one time. Mr. Walter also indicated his client believes the 25% permit allocation is fair. The consensus of the City Council was to maintain the present allocation method for residential building permits. No further action was taken on this item. C-3 CONSIDERATION OF CHARTER CITY v. GENERAL LAW CITY RAMIFICATIONS; (PEIRCE) Councilmember Peirce stated at the March 23, 1998 City Council meeting, Council directed staff to locate information from the League of California Cities regarding charter cities. He said since that date, information has been received and circulated to the City Council for review. Councilmember Peirce recommended the City Council table this item at this time due to • the process and cost involved; Council concurred. No further action was taken on this item. 10 • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - APRIL 27, 1998 D. NEW BUSINESS D-1 PRESENTATION BY THE COUNTY OFFICE OF EDUCATION REGARDING A REGIONAL EDUCATION CHANNEL; (BOUCHER) This item was pulled from the agenda. D-2 RESOLUTION NO. 41-98 IMPLEMENTING THE PUBLIC, EDUCATIONAL AND GOVERNMENT (PEG) ACCESS PLAN FOR MORRO BAY; (BOUCHER) This item was pulled from the agenda. D-3 CONSIDERATION TO ESTABLISH A "FRIENDS OF 54" FUND TO RAISE FUNDS FOR PAYMENT TO THE DESIGNATED VIDEO PRODUCTION COMPANY FOR TAPING ALL GOVERNMENT MEETINGS AND COMMUNITY EVENTS AS APPROVED BY THE CITY COUNCIL; • (PETERS) Councilmember Peters drafted a resolution for Council review establishing a "Friends of 54" fund to raise funds for payment to the designated video production company for taping of government meetings and community events as approved by the City Council. She stated if Council approves this resolution, she will donate $500 from her discretionary funds to place in this fund. Councilmember Peters requested the City Council consider this issue and direct staff accordingly. Councilmember Elliott requested an amendment be made to the resolution designating the funds be used specifically for the government access channel; Council concurred. MOTION: Councilmember Peters moved the City Council approve Resolution No. 44-98 establishing a "Friends of 54" fund to raise funds for payment to the designated video production company for taping all government meetings and community events as approved by the City Council on the government access channel. The motion was seconded by Councilmember Peirce and carried unanimously. (5-0) 0 • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - APRIL 27, 1998 D-4 CONSIDERATION OF CREATING A SCENIC LOOP IN MORRO BAY; (PEIRCE) Councilmember Peirce requested the City Council consider the creation of a Scenic Loop in Morro Bay, and direct staff accordingly. Acting Planning and Building Director Shauna Nauman noted the Planning Commission has considered this issue, and provided the City Council with memorandums and information from the Planning Commission. The City Council discussed signage to promote the scenic loop. Mayor Novak recommended using a fishing boat on the signs, and appoint an ad -hoc committee to develop a sign, plan the placement of signs, and review funding sources. MOTION: Councilmember Elliott moved the City Council appoint Planning Commissioners John Barta and Wally McCray, with Councilmember • Peirce acting as Council liaison, as the Scenic Loop Ad -Hoc Committee; and, requested the Committee return to Council with a signage plan and funding sources. The motion was seconded by Councilmember Peters and carried unanimously. (5-0) D-5 CONSIDERATION OF CITY DEPARTMENTAL PRODUCTIVITY DURING OFFICE CLOSURE HOURS; (ELLIOTT) Councilmember Elliott requested the City Council consider reviewing City Departmental productivity during office closure hours, and direct staff accordingly. The City Council directed staff to agendize a status report on departmental productivity during office closure hours. No further action was taken on this item. D-6 CONSIDERATION OF "OLD TOWN" BLANKET ENCROACHMENT PERMIT POLICY; (ELLIOTT/NOVAK) Mayor Novak and Councilmember Elliott requested the City Council consider an "Old Town" blanket encroachment permit policy to encourage the downtown area to place • outdoor tables and seats to those businesses who serve food and/or drink, and planters and benches for all businesses. 12 • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - APRIL 27, 1998 City Attorney David Hunt expressed concern with liability issues in the public right-of- way. Councilmember Elliott noted regulations will be placed in the guidelines of the permit. The City Council agreed this would encourage people to linger and enjoy the "Old Town" portion of the City, and would like this policy to be in affect prior to the summer months. Council appointed Councilmember Elliott to prepare a draft blanket encroachment permit policy, and return to Council for review as soon as possible. No further action was taken on this item. F. ADJOURNMENT The meeting adjourned at 10:43 p.m. Recorded by: Bridgett Bauer City Clerk 13 • NOTICE OF SPECIAL MEETING NOTICE IS HEREBY GIVEN that the Morro Bay City Council will be holding a Special Meeting on Tuesday, April 21, 1998 to be held at the Veteran's Memorial Building, 209 Surf Street, Morro Bay, California. The meeting will begin at 5:00 p.m. for the Council to review an Unfinished Business Item from the April 13, 1998 Regular Meeting to consider Resolution No. 36-98 Approving Request to Transfer Cable TV Franchise from Sonic Cable to Charter Communications. • The meeting will continue at 6:00 p.m. wherein the City Council will hold a Town Hall Meeting to discuss various items (there will be no set agenda for this portion of the meeting). DATED: April 14, 1998 • MINUTES - MORRO BAY CITY COUNCIL SPECIAL MEETING - APRIL 21, 1998 VETERANS MEMORIAL HALL - 6:00 P.M. Vice -Mayor Elliott called the meeting to order at 5:06 p.m. PRESENT: Dave Elliott Vice -Mayor Rodger Anderson Councilmember William Peirce Councilmember Janice Peters Councilmember ABSENT: Cathy Novak Mayor STAFF: David Cole City Manager Dave Fleishman City Attorney Bill Boucher Public Works Director Janeen Burlingame Public Works Administrative Assistant PUBLIC COMMENT - None. • UNFINISHED BUSINESS RESOLUTION NO. 40-98 APPROVING AGREEMENT TO EXTEND TIME TO CONSIDER TRANSFER REQUESTS, AND PROVIDING FOR DENIAL OF THE TRANSFER REQUESTS IF THE AGREEMENT IS NOT TIMELY SIGNED MOTION: Councilmember Peirce moved the City Council adopt Resolution No. 40-98 approving an Agreement to extend time to consider transfer requests, and providing for denial of the transfer requests if the Agreement is not timely signed. The motion was seconded by Councilmember Anderson and carried unanimously. (4-0) At 5:15 p.m.Vice-Mayor Elliott announced that the meeting shall stand recessed until 6:00 p.m., at which time the City Council shall reconvene to hold a Town Hall Meeting. 9 • MINUTES - MORRO BAY CITY COUNCIL TOWN HALL MEETING - APRIL 21, 1998 VETERANS MEMORIAL HALL - 6:00 P.M. The meeting was reconvened at 6:04 p.m. by Vice -Mayor Elliott, who turned over the gavel to Mayor Novak. PRESENT: Cathy Novak Mayor Rodger Anderson Councilmember Dave Elliott Councilmember William Peirce Councilmember Janice Peters Councilmember STAFF: David Cole City Manager Dave Fleishman City Attorney Rick Algert Harbor Director Gregg Beuer Acting Police Chief Bill Boucher Public Works Director Jeff Jones Fire Chief Jim Koser Finance Director Andrea Lueker Recreation & Parks Director • Shauna Nauman Acting Planning & Building Director PUBLIC COMMENT Grace Melton encouraged the public to be involved in the City's Neighborhood Watch Program. She noted if anyone is interested, call Jennifer Reddell at the Police Department. Paul Twedt stated April 22 - 28, 1998 has been declared as "TV Turn -Off Week" in order for adults and children to learn to do things other than watch TV. He also encouraged the public to get involved in the City by attending meetings, or check out the Channel 54 videos at the library. John Barta stated he toured the dredge in the bay. He said he spoke with a worker on the dredge who said the City's harbor should be dredged annually. He was informed there is a dredge company in Holland who makes smaller dredge vessels for under $1 million; and, Morro Bay should consider this due to the National Estuary Program. Mayor Novak asked the Harbor Director to respond. Mr. Algert stated the Washington State dredge company is not as familiar with California environmental laws. He noted • the Reconnaissance Project to be discussed at the May 26th Habitat/Bay Workshop, and said one of the targets is to purchase a dredge in conjunction with the Corps of Engineers. 0J • MINUTES - MORRO BAY CITY COUNCIL TOWN HALL MEETING - APRIL 21, 1998 Councilmember Peters asked if a dredge could be shared with other harbors? Mr. Algert responded that Santa Cruz and Santa Barbara are also purchasing dredges in conjunction with the Corps, but the Corps requires that the dredges be used by only that harbor. Nancy Barta stated she sits on the County Health Commission, and they deal with issues such as the sale of fish off boats, the Los Osos sewer issue, and emergency preparedness; she invited the public to provide questions or concerns for the Commission to review. She also noted the Community Promotions Committee now meets on the third Wednesday of each month at 6:00 p.m. at the Community Center, so the Commission is more available for community input. Ms. Barta recommended the City appoint a committee to develop a schedule for community events/festivals. Councilmember Peters stated the City of Pismo Beach has a festival every month, and maybe Morro Bay should consider the same. Mayor Novak stated the Economic Vitality Committee has identified this idea as one of their objectives. • Nancy Castle stated the roundtable discussions still continue regarding the 4th of July festivities. She said perhaps these roundtable discussions could continue to address a community event schedule. Ms. Castle also said she has enjoyed her involvement with Channel 54, and invited others to become involved. She also requested people help to get the "Friends of 54" fund established. She also addressed the Planning Commission's review to rezone the Radcliffe/Atascadero Road area to M-1, and stated this is a poor idea because this area serves for low-income housing. Mary Leizear addressed several different events which take place in the City, i.e., the Rotary Golf Tournament, the Bird Festival, and the annual car show. John Applewhite stated he watches Channel 54, and came to this meeting to hear what happens in the City. Craig Barbre, President of the Morro Bay Commercial Fishermen's Organization, came to this meeting to address or answer any questions regarding the sale of fish off boats. Bill Olson addressed the removal of trees on private property. He said there is $1,500 in the Tree Fund and requested more funds be donated. Meredith Bates requested the City work with the San Luis Coastal Unified School • District to bring back "Youth in Government Day". K • MINUTES - MORRO BAY CITY COUNCIL TOWN HALL MEETING - APRIL 21, 1998 STAFF COMMENTS Acting Police Chief Gregg Beuer stated billboards or banners would assist in advertising upcoming City events. Recreation & Parks Director Andrea Lueker stated the Welcome to Morro Bay signs will be put up in a couple of locations. She also stated City parks are beautiful with new plants which were planted at the Arbor Day celebration. Fire Chief Jeff Jones stated the weed abatement notices have been sent out notifying property owners to assist with lot cleanups, and encouraged people to use the Green Waste Collection Program. Harbor Director Rick Algert stated if anyone has questions about the City's harbor, please call their office. Finance Director Jim Koser noted City staff is now working on the 1998/99 fiscal year budget. • City Manager Dave Cole gave information on staff s focus on the upcoming budget. City Attorney Dave Fleishman stated the City's litigation is starting to trail off, which is allowing the City Attorney's office to work with staff on a number of other issues over the coming year. Public Works Director Bill Boucher stated staff is not getting enough input from the community, and staff would rather work with citizens before an issue is out of control. Acting Planning & Building Director Shauna Nauman stated the Planning and Building Department is now available on Thursday mornings from 9:00 a.m. - noon to meet with people to expedite smaller projects. She said their department is very busy with issuing building permits, and they will probably reach the limit for the first time this year. Ms. Nauman noted the City received a grant from the State for the update of the General Plan/ Local Coastal Plan. She also said her department is excited about the merger with the Public Works Department. COUNCIL COMMENTS Councilmember Anderson stated the City Council is in the process of reviewing the budget, and will do the best they can. • 4 • MINUTES - MORRO BAY CITY COUNCIL TOWN HALL MEETING - APRIL 21, 1998 Councilmember Peirce stated citizens need to continue being involved. He said banners showing events would be helpful to promote the City. Councilmember Peirce also noted the Traveler's Radio hopefully will be in place before the tourist season. Councilmember Elliott stated citizens should start considering tax dollars; the State and Federal budgets are now showing surplus, while cities are showing deficits in their budgets. Councilmember Peters urged citizens to attend the budget meetings to express their thoughts and priorities. Mayor Novak thanked everyone for attending this meeting and providing input. ADJOURNMENT-- The meeting adjourned at 7:50 p.m. • W • 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 13, 1998 CLOSED SESSION - 5:00 P.M. CITY HALL CONFERENCE ROOM 595 HARBOR STREET, MORRO BAY, CA CS-1 GOVERNMENT CODE SECTION 54956.9(A): CONFERENCE WITH LEGAL COUNSEL REGARDING PENDING LITIGATION STATUS REPORT ON ALL PENDING LITIGATION. This is a report on status and no action may be taken on any matter not specifically listed. Council may request a specific matter be agendized in the future for action. PUBLIC SESSION - 6:00 P.M. VETERANS MEMORIAL HALL 209 SURF STREET, MORRO BAY, CA ESTABLISH QUORUM AND CALL TO ORDER PRAYER PLEDGE OF ALLEGIANCE THOUGHT FOR THE DAY MAYOR AND COUNCILMEMBERS ANNOUNCEMENTS & PRESENTATIONS CLOSED SESSION REPORT PUBLIC COMMENT PERIOD - Members of the audience wishing to address the Council on City business matters (other than Public Hearing items under Section B) may do so at this time. To increase the effectiveness of the Public Comment Period, the following rules shall be followed: • When recognized by the Mayor, please come forward to the podium and state your name and address for the record. Comments are to be limited to three minutes. • All remarks shall be addressed to Council, as a whole, and not to any individual member thereof. • No person shall be permitted to make slanderous, profane or personal remarks against any elected official, commission and/or staff. COUNCIL DECLARATION OF FUTURE AGENDA ITEMS A. CONSENT CALENDAR Unless an item is pulled for separate action by the City Council, the following actions are approved without discussion. A-1 APPROVAL OF MINUTES FOR THE REGULAR CITY COUNCIL MEETINGS OF MARCH 9, 1998 AND MARCH 23, 1998; (BAUER) RECOMMENDATION: Approve as submitted. A-2 REVIEW OF BUDGET CALENDAR FOR FISCAL YEAR 1998/99; (KOSER) • RECOMMENDATION: Receive for information. A-3 REVIEW OF MASTER FEE SCHEDULE FOR FISCAL YEAR 1998/99; (KOSER) RECOMMENDATION: Approve Option 3, and set public hearing for May 11, 1998 to consider adoption of Master Fee Schedule. A-4 RESOLUTION NO. 32-98 APPROVING INTERIM LICENSE AGREEMENT FOR A PORTION OF LEASE SITE 27W WITH KING VENTURES, DBA INN AT MORRO BAY; (ALGERT) RECOMMENDATION: Adopt Resolution No. 32-98. A-5 RESOLUTION NO. 34-98 APPROVING SUBLEASE FOR A PORTION OF LEASE SITE 89/89W WITH STACY EVERLY, DBA CALIFORNIA FASHION OUTLET; (ALGERT) RECOMMENDATION: Adopt Resolution No. 34-98. I'a • A-6 RESOLUTION NO. 35-98 APPROVING SUMMARY VACATION OF A PORTION OF NORWICH STREET RIGHT-OF-WAY: PAYNE, REQUESTOR; (BOUCHER) RECOMMENDATION: Adopt Resolution No. 35-98. A-7 REJECTION OF CLAIM AGAINST THE CITY - FRAZIER; (DAVIS) RECOMMENDATION: Reject claim. A-8 EL NINO WINTER STORMS EMERGENCY COST REIMBURSEMENT RESOLUTION DESIGNATING CITY'S AGENTS; (JONES) RECOMMENDATION: Authorize Mayor and City Clerk to sign the Designation of Applicant's Agent Resolution. A-9 PROCLAMATION DECLARING THE MONTH OF APRIL 1998 AS "ALCOHOL AWARENESS MONTH"; (BAUER) RECOMMENDATION: Authorize Mayor to sign Proclamation. IS A-10 PROCLAMATION DECLARING APRIL 24, 1998 AS "SPECIAL OLYMPICS DAY'; (BAUER) RECOMMENDATION: Authorize Mayor to sign Proclamation. A-11 PROCLAMATION DECLARING APRIL 25, 1998 AS "ARBOR DAY'; (LUEKER) RECOMMENDATION: Authorize Mayor to sign Proclamation. A-12 RESOLUTION NO. 37-98 ESTABLISHING A "FRIENDS OF 54" FUND TO RAISE FUNDS FOR PAYMENT TO THE DESIGNATED VIDEO PRODUCTION COMPANY FOR TAPING ALL GOVERNMENT MEETINGS AND COMMUNITY EVENTS AS APPROVED BY THE CITY COUNCIL; (PETERS) RECOMMENDATION: Adopt Resolution No. 37-98. • 3 • B. PUBLIC HEARINGS. REPORTS & APPEARANCES B-1 APPEAL OF PLANNING COMMISSION APPROVAL OF CONSTRUCTION OF FIVE NEW SINGLE FAMILY RESIDENCES AT CLOISTERS TRACT 1996: (CASE NOS. CDP 74/97/CUP 27-97, CDP 77-97/CUP 30-97, CDP 78- 97/CUP 31-97, CDP 80-97/CUP 33-97, AND CDP 81-97/CUP 34-97; (NAUMAN) RECOMMENDATION: Deny the appeals, and uphold the Planning Commission action approving the construction of five new single family residences at Cloisters Tract 1996. B-2 RESOLUTION NO. 33-98 FORMING UNDERGROUND UTILITY DISTRICT NO. 6 ON MORRO BAY BOULEVARD BETWEEN BERNARDO AVENUE AND MAIN STREET; (BOUCHER) RECOMMENDATION: Adopt Resolution No. 33-98. C. UNFINISHED BUSINESS C-1 CONTINUED DISCUSSION OF A CITY-WIDE ASSESSMENT DISTRICT/SPECIAL TAX FOR PARKS MAINTENANCE; (LUEKER) • RECOMMENDATION: 1) Review and determine whether the existing landscaping and lighting maintenance assessment districts (North Point and Cloisters) should continue as currently designed; and, 2) review the concept of a city- wide assessment district or a special tax in order to fund park maintenance, and provide staff direction on whether to pursue one of these concepts. C-2 CONSIDERATION OF VIDEO PRODUCTION SERVICES AND CHANNEL 54 INSERTION POINT MANAGEMENT AGREEMENT FOR 1998/99 FISCAL YEAR (BOUCHER) RECOMMENDATION: 1) Extend the current video production agreement with AGP Video through the 1998/99 fiscal year, contingent upon approval in the 1998/99 fiscal year budget; and, 2) encourage citizens to support a "Friends of 54" fund whereby citizens can donate funds for the taping of all other City Brown Act meetings. D. NEW BUSINESS D-1 RESOLUTION NO. 31-98 APPROVING MEMORANDUM OF UNDERSTANDING CONCERNING WAGES, BENEFITS AND WORKING IVCONDITIONS BETWEEN THE CITY OF MORRO BAY AND THE MORRO BAY PEACE OFFICERS ASSOCIATION; AND APPROVING PICKUP OF 0 PUBLIC EMPLOYEES RETIREMENT SYSTEM CONTRIBUTION FOR • EXECUTIVE UNIT; (COLE) RECOMMENDATION: 1) Adopt Resolution No. 31-98; and, 2) authorize pick-up of PERS 2.523% retirement contribution for PERS Executive employees. D-2 RESOLUTION NO. 36-98 APPROVING REQUEST TO TRANSFER CABLE TV FRANCHISE FROM SONIC TO CHARTER COMMUNICATIONS; (BOUCHER) RECOMMENDATION: Adopt Resolution No. 36-98. D-3 CONSIDERATION OF SUPPORT FOR SALE OF FISH OFF BOATS BY COMMERCIAL FISHERMEN; (NOVAK) RECOMMENDATION: Consider supporting commercial fishermen in the sale of fish from their boats. D-4 CONSIDERATION TO CANCEL REGULARLY SCHEDULED CITY COUNCIL MEETINGS IN AUGUST 1998; (NOVAK) RECOMMENDATION: Consider the cancellation of regularly scheduled City • Council Meetings in August 1998. D-5 STATUS REPORT ON MAYOR'S TRIP TO WASHINGTON, D.C.; (NOVAK) RECOMMENDATION: Receive report for information. E. ADJOURNMENT THIS AGENDA IS SUBJECT TO AMENDMENT UP TO 72 HOURS PRIOR TO THE DATE AND TIME SET FOR THE MEETING. PLEASE REFER TO THE AGENDA POSTED AT CITY HALL FOR ANY REVISIONS OR CALL THE CLERK'S OFFICE AT 772-6200 FOR FURTHER INFORMATION. COPIES OF STAFF REPORTS OR OTHER PUBLIC DOCUMENTATION RELATING TO EACH ITEM OF BUSINESS REFERRED TO ON THIS AGENDA ARE ON FILE IN THE OFFICE OF THE CITY CLERK AND AVAILABLE FOR PUBLIC INSPECTION AND REPRODUCTION AT COST AT CITY HALL, LIBRARY, AND MILLS STATIONERY. IN COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT, IF YOU NEED SPECIAL ASSISTANCE TO PARTICIPATE IN A CITY MEETING, PLEASE CONTACT THE CITY CLERK'S OFFICE AT LEAST 24 HOURS PRIOR TO THE MEETING TO INSURE THAT REASONABLE ARRANGEMENTS CAN BE MADE TO PROVIDE ACCESSIBILITY . TO THE MEETING. G • MINUTES - MORRO BAY CITY COUNCIL CLOSED SESSION - APRIL 13, 1998 CITY HALL CONFERENCE ROOM - 5:00 P.M. Mayor Novak called the meeting to order at 5:02 p.m PRESENT: Cathy Novak Mayor Rodger Anderson Councilmember Dave Elliott Councilmember William Peirce Councilmember Janice Peters Councilmember STAFF: David Cole City Manager David Hunt City Attorney Ardith Davis Personnel Officer CLOSED SESSION MOTION: Councilmember Peters moved the City Council add an item to the Closed Session agenda in order to discuss Government Code Section 54957.6 - Conference with the City's Labor Negotiator. The motion was seconded • by Councilmember Elliott and carried unanimously. (5-0) MOTION: Councilmember Peirce moved the meeting be adjourned to Closed Session. The motion was seconded by Councilmember Peters and unanimously carried. (5-0) Mayor Novak read the Closed Session statement. CS-1 GOVERNMENT CODE SECTION 54957.6: CONFERENCE WITH LABOR NEGOTIATOR. Conference with the City Manager, the City's Designated Representative, for the purpose of reviewing the City's position regarding salaries, salary schedules, or compensation paid in the form of fringe benefits, and giving instructions to the Designated Representative. CS-2 GOVERNMENT CODE SECTION 54956.9(A): CONFERENCE WITH LEGAL COUNSEL REGARDING PENDING LITIGATION STATUS REPORT ON ALL PENDING LITIGATION. This is a report on status and no action may be taken on any matter not specifically listed. Council may request a specific matter be agendized in the future for action. The meeting adjourned to Closed Session at 5:00 p.m. and returned to regular session at 5:34 p.m. • • MOTION: Councilmember Elliott moved the meeting be adjourned. The motion was seconded by Councilmember Peters and unanimously carried. (5-0) The meeting adjourned at 5:34 p.m. MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - APRIL 13, 1998 VETERANS MEMORIAL HALL - 6:00 P.M. Mayor Novak called the meeting to order at 6:05 p.m PRESENT: Cathy Novak Mayor Rodger Anderson Councilmember Dave Elliott Councilmember William Peirce Councilmember Janice Peters Councilmember STAFF: David Cole David Hunt Bridgett Bauer Rick Algert Bill Boucher Janeen Burlingame Jeff Jones Jim Koser Joe Loven Andrea Lueker Shauna Nauman Steve Sylvester City Manager City Attorney City Clerk Harbor Director Public Works Director Public Works Admin. Asst. Fire Chief Finance Director Police Chief Recreation & Parks Director Acting Planning & Building Director City Engineer ESTABLISH QUORUM AND CALL TO ORDER PRAYER PLEDGE OF ALLEGIANCE THOUGHT FOR THE DAY MAYOR'S REPORTS & ANNOUNCEMENTS CLOSED SESSION REPORT - The City Council added Government Code Section 54957.6: Conference with Labor Neeotiator to the Closed Session agenda by 4/5 vote. No further action took place in Closed Session. PUBLIC COMMENT Mark Tognazzini requested Council support on Item D-3 (Consideration of Support for Sale of Fish off Boats by Commercial Fishermen). 2 • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - APRIL 13, 1998 Louise Tucker addressed the hazardous intersection at Radcliffe and Main Street, and requested the City address this problem and perhaps consider placing a 3-way stop and blinking lights at this intersection. Ms. Tucker supplied the City Clerk with a petition signed by concerned citizens. Roger Ewing addressed Item C-1 (Continued Discussion of a City -Wide Assessment District/Special Tax for Parks Maintenance), and requested the City Council honor the contract with the Cloister's property owners to maintain the park located in the subdivision. He also addressed Item C-2 (Consideration of Video Production Services and Channel 54 Insertion Point Management Agreement for 1998/99 Fiscal Year), and requested the City Council extend the contract with AGP, and support the "Friends of 54" fund to cover all Brown Act meetings. Bill Raflowski referred to the article in the Sun Bulletin regarding the Harbor Plan (AB640), stating he does not agree with the Harbor Panel views, and noted this plan should be approved by the City Council and Board of Supervisors. • Jim Nance referred to Item C-1, noting the Cloisters property owners should maintain the park in this subdivision. He also referred to Item C-2, and requested the City Council adopt Resolution No. 37-98 establishing a "Friends of 54" fund. Warren Dorn stated Little Morro Creek Road needs repair. Barbara Playan addressed the new speed limit bumper sticker, and requested a statement referring to the reduced speed limit on Highway 1 be placed on City water bills. She also stated owners of loose dogs should be fined. Barbara Keshan referred to the dangerous intersection at Radcliffe and Main Street. Nelson Sullivan referred to Item A-4 (Resolution No. 32-98 Approving Interim License Agreement for a Portion of Lease Site 27W with King Ventures, DBA Inn at Morro Bay), stating this should be agendized as a public hearing. He also addressed Item C-2, and requested the City Council extend the AGP Video contract. Lynda Merrill stated the Radcliffe and Main Street intersection is dangerous for cyclists. She also expressed her support on Item C-2, and said she would like to donate $25 towards a "Friends of 54" fund. • Marcus Wanger announced April 241h will be recognized as "Morro Bay Spit Day" sponsored by Kayak Horizon and the Yacht Club. He invited people to help gather litter at the sandspit, and noted there will be other festivities also. t • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - APRIL 13, 1998 Shirley Bianchi stated Item A-12 (Resolution No. 37-98 Establishing a "Friends of 54" Fund to Raise Funds for Payment to the Designated Video Production Company for Taping all Government Meetings and Community Events as Approved by the City Council) sounds like a good idea. Jim Wood expressed his support for Items C-2 and D-3. He also noted the Harbor Advisory Board rejected the Estuary State Plan. John Barta expressed support for Item D-3. He also stated discussion on the scenic route in Morro Bay should be agendized before Council soon. Wally McCray gave thanks for the City fixing sidewalks and taking care of the trees in the City. He gave thanks for the adopt -a -tree program and adopt -a -planter program. Mr. McCray gave special thanks to Grace Melton and Bill and Betty Olson for their assistance in obtaining funds for tree removal; he said money continues to be collected in support of removing private trees. isHarry Rogers expressed his support for Item D-3 stating it is a good program and fun for all. Neil Farrell thanked Wally McCray for all of his work with the RUDAT program. He noted he should hear within 2 days if the grant has been approved for the Peoples' Park. Mr. Farrell also stated the 41h of July celebration should be a big success. Nancy Castle noted the 4°i of July plans are underway, and donations are welcome. Councilmember Elliott contributed $1,000 of his discretionary funds for the 4'h of July Fireworks Display and $400 towards the City of Morro Bay Billboard. Councilmember Peirce also contributed $1,000 of his discretionary funds for the 41h of July Fireworks Display and $400 towards the City of Morro Bay Billboard. Councilmember Peters contributed $200 of her discretionary funds for the to 4`' of July Fireworks display. Mayor Novak and Councilmember Anderson stated they would also like to contribute, and will check the balance of their discretionary funds before committing any amount. 0 • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - APRIL 13, 1998 DECLARATION OF FUTURE AGENDA ITEMS Councilmember Elliott requested a status report be agendized on the productivity of City departments during office closure hours. Councilmember Anderson requested staff comments on the Radcliffe/Main Street intersection. Public Works Director Bill Boucher responded the City has a concept plan of a long-term solution for this intersection, and it is at this time a question of funding. Councilmember Anderson requested staff draft some short-term solutions, and return to Council regarding this situation. Councilmember Peters requested Item A-12 be agendized for the next City Council meeting. A. CONSENT CALENDAR • Unless an item is pulled for separate action by the City Council, the following actions are approved without discussion. A-1 APPROVAL OF MINUTES FOR THE REGULAR CITY COUNCIL MEETINGS OF MARCH 9, 1998 AND MARCH 23, 1998; (BAUER) RECOMMENDATION: Approve as submitted. A-2 REVIEW OF BUDGET CALENDAR FOR FISCAL YEAR 1998/99; (KOSER) RECOMMENDATION: Receive for information. A-3 REVIEW OF MASTER FEE SCHEDULE FOR FISCAL YEAR 1998/99; (KOSER) RECOMMENDATION: Approve Option 3, and set public hearing for May 11, 1998 to consider adoption of Master Fee Schedule. A-4 RESOLUTION NO. 32-98 APPROVING INTERIM LICENSE AGREEMENT FOR A PORTION OF LEASE SITE 27W WITH KING VENTURES, DBA INN AT MORRO BAY; (ALGERT) • RECOMMENDATION: Adopt Resolution No. 32-98. 5 • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - APRIL 13, 1998 A-5 RESOLUTION NO. 34-98 APPROVING SUBLEASE FOR A PORTION OF LEASE SITE 89/89W WITH STACY EVERLY, DBA CALIFORNIA FASHION OUTLET; (ALGERT) RECOMMENDATION: Adopt Resolution No. 34-98. A-6 RESOLUTION NO. 35-98 APPROVING SUMMARY VACATION OF A PORTION OF NORWICH STREET RIGHT-OF-WAY: PAYNE, REQUESTOR; (BOUCHER) RECOMMENDATION: Adopt Resolution No. 35-98. A-7 REJECTION OF CLAIM AGAINST THE CITY - FRAZIER; (DAVIS) RECOMMENDATION: Reject claim. isA-8 EL NINO WINTER STORMS EMERGENCY COST REIMBURSEMENT RESOLUTION DESIGNATING CITY'S AGENTS; (JONES) RECOMMENDATION: Authorize Mayor and City Clerk to sign the Designation of Applicant's Agent Resolution. A-9 PROCLAMATION DECLARING THE MONTH OF APRIL 1998 AS "ALCOHOL AWARENESS MONTH"; (BAUER) RECOMMENDATION: Authorize Mayor to sign Proclamation. A-10 PROCLAMATION DECLARING APRIL 24, 1998 AS "SPECIAL OLYMPICS DAY"; (BAUER) RECOMMENDATION: Authorize Mayor to sign Proclamation. A-11 PROCLAMATION DECLARING APRIL 25, 1998 AS "ARBOR DAY'; (LUEKER) RECOMMENDATION: Authorize Mayor to sign Proclamation. • 3 • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - APRIL 13, 1998 A-12 RESOLUTION NO. 37-98 ESTABLISHING A "FRIENDS OF 54" FUND TO RAISE FUNDS FOR PAYMENT TO THE DESIGNATED VIDEO PRODUCTION COMPANY FOR TAPING ALL GOVERNMENT MEETINGS AND COMMUNITY EVENTS AS APPROVED BY THE CITY COUNCIL; (PETERS) This item was pulled from the agenda. Mayor Novak pulled Items A-2 and A-3 from the Consent Calendar; Councilmember Elliott pulled Items A-4, A-5, A-6, and A-9; and Councilmember Anderson pulled Item A-10. MOTION: Councilmember Peters moved the City Council approve Items A-1, A-7, A-8, and A-11 of the Consent Calendar. The motion was seconded by Councilmember Anderson and carried unanimously. (5-0) A-2 REVIEW OF BUDGET CALENDAR FOR FISCAL YEAR 1998/99; (KOSER) • Mayor Novak suggested taking the agenda out of order and placing this item after Item D-5; Council concurred. A-3 REVIEW OF MASTER FEE SCHEDULE FOR FISCAL YEAR 1998/99; (KOSER) Mayor Novak suggested taking the agenda out of order and placing this item after Item D-3; Council concurred. A-4 RESOLUTION NO. 32-98 APPROVING INTERIM LICENSE AGREEMENT FOR A PORTION OF LEASE SITE 27W WITH KING VENTURES, DBA INN AT MORRO BAY; (ALGERT) Councilmember Elliott asked about the status of this license agreement. Acting Planning & Building Director Shauna Nauman responded the City is waiting for the applicant to fulfill requirements in order to meet the conditions of the agreement. MOTION: Councilmember Elliott moved the City Council approve Item A-4 of the Consent Calendar. The motion was seconded by Councilmember Peters • and carried unanimously. (5-0) UI • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - APRIL 13, 1998 A-5 RESOLUTION NO. 34-98 APPROVING SUBLEASE FOR A PORTION OF LEASE SITE 89/89W WITH STACY EVERLY, DBA CALIFORNIA FASHION OUTLET; (ALGERT) Councilmember Elliott asked what prior businesses were located at this lease site. Harbor Director Rick Algert responded with the history of this lease site. MOTION: Councilmember Elliott moved the City Council approve Item A-5 of the Consent Calendar. The motion was seconded by Councilmember Anderson and carried unanimously. (5-0) A-6 RESOLUTION NO. 35-98 APPROVING SUMMARY VACATION OF A PORTION OF NORWICH STREET RIGHT-OF-WAY: PAYNE, REQUESTOR; (BOUCHER) Councilmember Elliott noted for public information that this is public property being vacationed to a private citizen which is a concern to him. • MOTION: Councilmember Elliott moved the City Council approve Item A-6 of the Consent Calendar. The motion was seconded by Councilmember Anderson and carried unanimously. (5-0) A-9 PROCLAMATION DECLARING THE MONTH OF APRIL 1998 AS "ALCOHOL AWARENESS MONTH"; (BAUER) Councilmember Elliott reviewed this proclamation for public information in order to express its importance. MOTION: Councilmember Elliott moved the City Council approve Item A-9 of the Consent Calendar. The motion was seconded by Councilmember Peters and carried unanimously. (5-0) A-10 PROCLAMATION DECLARING APRIL 24, 1998 AS "SPECIAL OLYMPICS DAY"; (BAUER) Councilmember Anderson reviewed this proclamation for public information, stating the Special Olympics is time well spent. • MOTION: Councilmember Anderson moved the City Council approve Item A-10 of the Consent Calendar. The motion was seconded by Councilmember Elliott and carried unanimously. (5-0) 0 • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - APRIL 13, 1998 Mayor Novak called for a break at 7:21 p.m.; the meeting resumed at 7:37 p.m. B. PUBLIC HEARINGS, REPORTS & APPEARANCES B-1 APPEAL OF PLANNING COMMISSION APPROVAL OF CONSTRUCTION OF FIVE NEW SINGLE FAMILY RESIDENCES AT CLOISTERS TRACT 1996: (CASE NOS. CDP 74/97/CUP 27-97, CDP 77-97/CUP 30-97, CDP 78- 97/CUP 31-97, CDP 80-97/CUP 33-97, AND CDP 81-97/CUP 34-97; (NAUMAN) Acting Planning and Building Director Shama. Nauman reviewed the history of the Cloister's subdivision approval and the appeals filed by Warren Dorn, etal, of the Planning Commission's conditional approval of five houses in the Cloister's subdivision. The appellants filed an appeal based on the following grounds: 1) failure to comply with the permit approval of CDP 42-90/CUP 28-90, TM 01-90, Condition D.3(f); 2) failure of the City Council to fulfill the mandate of Measure F and non-compliance with Policies 3.01, 3.03, and 3.04 of the City of Morro Bay Coastal Plan; and 3) a promise to the people of Morro Bay. • Ms. Nauman recommended the City Council deny the appeals, and uphold the Planning Commission's action approving the construction of five new single family residences at Cloisters Tract 1996. Ned Rogoway, Morro Bay Beautiful Foundation Officer, stated the basis for the appeals is due to inadequate water supply and grading issues, and requested this matter be continued until after the City's Water Management Plan is heard by the Coastal Commission in June. Donald Funk, (see attached transcript). Warren Dorn, President of Morro Bay Beautiful Foundation, stated the people of Morro Bay voted for this location to be maintained as open space. He noted his lobbying efforts for water reclamation in the City. Mr. Dom also requested the City Council not take action on this item until the Water Management Plan is heard by the Coastal Commission. Bill Walter, attorney for applicants of Cloister's subdivision, reviewed the benefits the public use area provides to the public. He stated the proposed residences have been legitimately approved, and referred to a letter by the California Coastal Commission sent • to Don Funk in January 1998 stating the allegations have been thoroughly reviewed and no findings have been found. Mr. Walter stated the issues raised have been long resolved. 66 • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - APRIL 13, 1998 Ms. Nauman stated on April 8, 1998, City staff reviewed for Coastal Commission information, how the City's Water 44aaagetnerf Plea Allocation Amendment Program relates to the Cloister Subdivision. Mayor Novak opened the hearing for public comment. Ray McKelligott read a letter from Bernie Melvin, requesting the City Council defer any action on this item until after the Coastal Commission reviews the City's Water Management Plan. Bill Bianchi, Member of the County Water Advisory Committee, stated this project should be considered in the review and approval of the City's Water Management Plan. He said water should also be set aside for agricultural uses, and State Water should be considered in this Plan. Sandy Lucas, property owner in the Beach Tract, stated these lots all slope towards the • ocean and have drainage problems. She also addressed road conditions in the surrounding beach tract which are in need of repair. �J Charles Palmer addressed water production vs. water sales. Shirley Bianchi stated if the Coastal Commission has concerns with the Water Management Plan, then it should be a concern of the City. Harry Rogers requested the appeals filed on this project should be denied. James Maul, property owner in the Beach Tract, stated this project is an example of good subdivision planning. He encouraged the City Council uphold the Planning Commission's approvals of these single family residences. Pete Dillard, property owner in the Beach Tract, expressed his support for the development of this subdivision. He shared history of this property, including friends Peter Tomosovich and Lloyd Scott who bulldozed the dunes off this property years ago; and how he hunted on this property. Mr. Dillard said some of the drainage problems were caused when the highway was built, and the owners of Cloisters has done what is necessary to improve the drainage. He would like to see the tax revenue from this project to improve the City's infrastructure. 10 • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - APRIL 13, 1998 Jim Nance, property owner in the Beach Tract, stated these lots have been graded and are higher than previously approved. He requested the City Council further review the appeals prior to approving the building of these residences and wait for the Coastal Commission's review of the Water Management Plan. Nelson Sullivan reviewed past Council history on the approval of this subdivision. John Barta stated water has been found to be sufficient for this project. He said the environmentally sensitive habitat has been restored to become more than what was once there before this subdivision. Grace Melton expressed her support of the Planning Commission's decision to approve the single family residences in this subdivision. Louise Tucker stated this project has been approved and the property owners should be allowed to build. • Mayor Novak closed the public comment hearing, and called for a break at 8:47 p.m.; the meeting resumed at 8:56 p.m. Mayor Novak stated she finds the appeals have no merit, and she supports the Planning Commission's approval of the single family residences. She noted the City is committed to water reclamation projects. Councilmember Elliott stated it has been found that there is ample water supply for this project. He also addressed the cost to the taxpayers in staff and City Attorney time caused by these appeals. Councilmember Peirce stated the City should have purchased this property years ago; however, it is private property and the property owners should be allowed to develop. Councilmember Peters stated she sat on the Planning Commission when this project was being reviewed. She noted the viewshed on this property has been maintained by the subdivision, and the conditions of approval have been legally and properly met. City Engineer Steve Sylvester addressed the grading conditions of this project. Councilmember Anderson reviewed the history of this tract by using a 50-year old map in • order to clarify that this property was not untouched, pristine land. He noted years ago, the dunes and creeks were moved, the State Highway was put in, and the culverts were dumped on this property. 11 • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - APRIL 13, 1998 MOTION: Councilmember Elliott moved the City Council deny the appeal of Case No. CUP 31-97/CDP 78-97R, thereby upholding the Planning Commission action based on the finding and conditions contained in the permit approved on March 2, 1998. The motion was seconded by Councilmember Anderson and carried unanimously. (5-0) MOTION: Councilmember Elliott moved the City Council deny the appeal of Case No. CUP 30-97/CDP 77-97R, thereby upholding the Planning Commission action based on the finding and conditions contained in the permit approved on March 2, 1998. The motion was seconded by Councilmember Anderson and carried unanimously. (5-0) MOTION: Councilmember Peters moved the City Council deny the appeal of Case No. CUP 27-97/CDP 74-97R, thereby upholding the Planning Commission action based on the finding and conditions contained in the permit approved on March 2, 1998. The motion was seconded by Councilmember Elliott and carried unanimously. (5-0) • MOTION: Councilmember Anderson moved the City Council deny the appeal of Case No. CUP 34-97/CDP 81-97R, thereby upholding the Planning Commission action based on the finding and conditions contained in the permit approved on March 2, 1998. The motion was seconded by Councilmember Elliott and carried unanimously. (5-0) MOTION: Councilmember Elliott moved the City Council deny the appeal of Case No. CUP 33-97/CDP 80-97R, thereby upholding the Planning Commission action based on the finding and conditions contained in the permit approved on March 2, 1998. The motion was seconded by Councilmember Peters and carried unanimously. (5-0) B-2 RESOLUTION NO. 33-98 FORMING UNDERGROUND UTILITY DISTRICT NO. 6 ON MORRO BAY BOULEVARD BETWEEN BERNARDO AVENUE AND MAIN STREET; (BOUCHER) Public Works Director Bill Boucher stated Pacific Gas & Electric is required to set aside funds each year for each municipality per the Rule 20A (underground conversion) program. He said Pacific Bell and Cable Television do not have such a program but are required to perform the work at their expense when such an underground conversion district is formed by City Council resolution. Mr. Boucher noted the area recommended for conversion (Morro Bay Boulevard between Bernardo Avenue and Main Street) would complete the undergrounding along Morro Bay Boulevard. He stated the fiscal impact 12 • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - APRIL 13, 1998 would cost the City approximately $9,000 for the replacement of street lights, and the cost to property owners requiring service connection modification would be $300 - $700. Mr. Boucher recommended the City Council adopt Resolution No. 33-98 forming Underground Utility District No. 6. Mayor Novak opened the public hearing. Harry Rogers expressed support for underground utilities. Charles Palmer addressed the problems with eucalyptus tree roots damaging the underground utilities. Mayor Novak closed the public hearing. The consensus of the City Council was in support of forming this underground utility district. • MOTION: Councilmember Peirce moved the City Council approve Resolution No. 33098 forming Underground Utility District No. 6. The motion was seconded by Councilmember Peters and carried unanimously. (5-0) C. UNFINISHED BUSINESS C-1 CONTINUED DISCUSSION OF A CITY-WIDE ASSESSMENT DISTRICT/SPECIAL TAX FOR PARKS MAINTENANCE; (LUEKER) Recreation and Parks Director Andrea Lueker stated the City Council, at the November 24, 1997 meeting, reviewed the city-wide landscaping and lighting assessment district concept, and requested staff to further investigate the issue regarding the difference between an assessment district and a special tax. Ms. Lueker reviewed her findings on this issue, and recommended the following: 1) review and determine whether the existing landscaping and lighting maintenance assessment districts (North Point and Cloisters) should continue as currently designed; and, 2) review the concept of a city-wide assessment district or a special tax in order to fund park maintenance, and provide staff direction on whether to pursue one of these concepts. • Mayor Novak stated her intent of bringing this item forward was to assist in finding revenues in funding the parks which benefit the City. 13 • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - APRIL 13, 1998 Councilmember Peters stated she does not support eliminating the existing assessment districts; however, she would consider allowing property owners in future assessment districts, to maintain the parks in their subdivisions at City standards if the cost is lower. Councilmember Anderson stated he does not support a city-wide assessment district for park maintenance; however, he would consider, with voter approval, an assessment district for street repairs. Councilmember Elliott stated he does not support charging property owners an assessment district fee for park maintenance. He said if the City is going to have assessment districts, they should be voted and paid for by the general public. Councilmember Peirce stated he does not support charging property owners of a subdivision an assessment district fee along with a city-wide assessment tax. He would not oppose placing this on the ballot for the citizens to vote on. The City Council directed staff to leave the present assessment districts intact, and return to Council with the Recreation & Parks Commission recommendations on the Colmer Subdivision project. No further action was taken on this item. C-2 CONSIDERATION OF VIDEO PRODUCTION SERVICES AND CHANNEL 54 INSERTION POINT MANAGEMENT AGREEMENT FOR 1998/99 FISCAL YEAR (BOUCHER) Public Works Administrative Assistant Janeen Burlingame stated the City Council, at the March 23, 1998 meeting, directed staff to discuss with AGP Video the possibility of extending the current agreement for the 1998/99 fiscal year, and return to Council with that information. She reviewed the negotiations which took place between the City and AGP Video, and noted the fiscal impact for an extension to the current contract of taping City Council meetings, and providing insertion point management services, will be $12,535.60 ($3,000 for insertion point management, $7,750 for taping City Council meetings, and $1,785.60 for insurance). Ms. Burlingame recommended the following: 1) extend the current video production agreement with AGP Video through the 1998/99 fiscal year, contingent upon approval in the 1998/99 fiscal year budget; and, 2) encourage citizens to establish a "Friends of 54" • fund whereby citizens can donate funds for the taping of all other City Brown Act meetings. 14 • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - APRIL 13, 1998 Councilmember Peters stated AGP Video has devoted many hours of dedication and should have their contract extended. Councilmember Peirce stated he supports staff s recommendations. Councilmember Anderson stated this is an opportunity to have all the Brown Act meetings filmed for no extra cost. Mayor Novak and Councilmember Elliott stated this contract should go out for a Request for Proposal. MOTION: Councilmember Peters moved the City Council authorize staff to extend the current video production agreement with AGP Video through the 1998/99 fiscal year, contingent upon approval in the 1998/99 fiscal year budget. The motion was seconded by Councilmember Anderson and carried with Councilmember Elliott and Mayor Novak voting no. (3/2) • Mayor Novak called for a break at 10:33 p.m.; the meeting resumed at 10:41 p.m. D. NEW BUSINESS D-1 RESOLUTION NO. 31-98 APPROVING MEMORANDUM OF UNDERSTANDING CONCERNING WAGES, BENEFITS AND WORKING CONDITIONS BETWEEN THE CITY OF MORRO BAY AND THE MORRO BAY PEACE OFFICERS ASSOCIATION; AND APPROVING PICKUP OF PUBLIC EMPLOYEES RETIREMENT SYSTEM CONTRIBUTION FOR EXECUTIVE UNIT; (COLE) City Manager Dave Cole reviewed the Memorandum of Understanding concerning wages, benefits and working conditions between the City of Morro Bay and the Morro Bay Peace Officers Association; and approving pickup of Public Employees Retirement System contribution for the Executive unit. Mr. Cole recommended the following: 1) adopt Resolution No. 31-98; and, 2) authorize pick-up of PERS 2.523% retirement contribution for PERS Executive employees. MOTION: Councilmember Peirce moved the City Council adopt Resolution No. 31- 98 approving the Memorandum of Understanding concerning wages, • benefits and working conditions between the City of Morro Bay and the Morro Bay Peace Officers Association. The motion was seconded by Councilmember Anderson and carried unanimously. (5-0) 15 • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - APRIL 13, 1998 MOTION: Councilmember Peters moved the City Council approve the pick-up of PERS 2.523% retirement contribution for PERS Executive employees, and approve the executive unit salary schedule for fiscal year 1998/99. The motion was seconded by Councilmember Elliott and carried unanimously. (5-0) D-2 RESOLUTION NO. 36-98 APPROVING REQUEST TO TRANSFER CABLE TV FRANCHISE FROM SONIC TO CHARTER COMMUNICATIONS; (BOUCHER) Public Works Administrative Assistant Janeen Burlingame reviewed the issues relating to the request to transfer the Cable TV Franchise from Sonic Cable to Charter Communications. She noted there is no fiscal impact to the City in accepting or denying the transfer of the cable franchise; however, there have been costs associated with the cable consultant hired to aid the City in the transfer process and for which the City Council has already appropriated funds in the amount of $3,500. Ms. Burlingame also noted to date, the City has paid the cable consultant $3,190.50 for work performed • through February 1998. Ms. Burlingame recommended the City Council adopt Resolution No. 36-98 approving the proposed cable system transfers. MOTION: Councilmember Peirce moved the City Council go beyond the 11:00 p.m. time limit. The motion was seconded by Councilmember Peters and carried unanimously. (5-0) City Attorney David Hunt recommended the City Council reagendize discussion on this item in order for staff to obtain answers to Council's inquiries. The City Council concurred to reagendize further discussion of this item on April 21, 1998 at 5:00 p.m. prior to the Town Hall meeting. D-3 CONSIDERATION OF SUPPORT FOR SALE OF FISH OFF BOATS BY COMMERCIAL FISHERMEN; (NOVAK) Mayor Novak stepped down due to a conflict of interest. Vice Mayor Elliott addressed the issue of supporting the local commercial fishermen in the sale of fish from their boats. Harbor Director Rick Algert referred to the Harbor Advisory Board's action in support of the commercial fishermen's sale of fish off their boats. 16 • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - APRIL 13, 1998 Mike DeGarimore, owner of Giovanni's Fish Market and Central Coast Seafoods, requested Council consider this issue based on it being against state and federal laws. Mark Tognazzini, commercial fisherman, stated research finds no state law that refers to the sale of fish off boats. He noted they can only sell to consumers, not restaurants. Mr. Tognazzini requested the City Council thank the Board of Supervisors for their support. David Hunt clarified that the responsibility of the County Health Department is out of the City Council's control. The consensus of the City Council was in support of the commercial fishermen selling fish off their boats. They requested Vice -Mayor Elliott write a letter to the Board of Supervisors thanking them for their support in this matter. Mayor Novak returned to her seat with the Council. A-3 REVIEW OF MASTER FEE SCHEDULE FOR FISCAL YEAR 1998/99; • (KOSER) Mayor Novak stated the Master Fee Schedule will be scheduled for a public hearing for the May 1 Ith City Council meeting. The City Council stated they do not want to see across the board increases based on the Long Beach Consumer Price Index, and would like to review the fees one fee at a time. Councilmember Peters stated she supports staff in rounding figures in the fee schedule. She stated each department needs to review their fees annually. Council directed staff to prepare the Master Fee Schedule for fiscal year 1998/99 based upon justification of individual increases, and schedule a public hearing for the May 11 th City Council meeting. D-4 CONSIDERATION TO CANCEL REGULARLY SCHEDULED CITY COUNCIL MEETINGS IN AUGUST 1998; (NOVAK) Mayor Novak requested the City Council consider the cancellation of the regularly scheduled City Council Meetings in August 1998 to allow for Council and staff vacations. • Council stated they support this concept; however, if items need to be heard, an agenda will be set. No further action was taken on this item. 17 • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - APRIL 13, 1998 D-5 STATUS REPORT ON MAYOR'S TRIP TO WASHINGTON, D.C.; (NOVAK) Mayor Novak gave an oral report on her trip to Washington, D.C. No further action was taken on this item. A-2 REVIEW OF BUDGET CALENDAR FOR FISCAL YEAR 1998/99; (KOSER) The City Council scheduled a budget hearing to review the fiscal year 1998/99 budget for Friday, May 15' at 6:00 p.m. F. ADJOURNMENT The meeting adjourned at 12:15 a.m. Recorded by: 4- �64AAAA-----' Bridgett Bauer City Clerk • 18 • 'Funk River Consultants planning • enulronmental studies • madlatlan April 13, 1998 Mayor Cathy Novak City of Morro Bay 595 Harbor Morro Bay, CA 93442 SUBJECT: Appeal -Coastal Development Permits for 2233 Emerald Circle, 2749 Indigo Circle, 2050 Emerald Circle, 2225 Emerald Circle and 2751 Indigo Circle Honorable Mayor and City Council: The City made a pact with the State Coastal Commission in 1982. In that compact, the Coastal Commission agreed to give the City the authority to administer coastal permits locally in return for the promise that the City would • comply with and enforce its Local Coastal Plan. The City has clearly broken its pledge. For example, for almost a year, the City has ignored hundreds of tons of rock placed on the top of Morro Creek bank at the Silver City Mobile Home Park, this despite the fact that a Coastal Permit would be required. That same rock had been required to be removed by the EPA, was removed by Madonna Construction and then was brought back by Silver City. This is only one example. The Cloisters project is another. Despite inadequate water resources and an improperly graded site, the City has forged ahead in promoting this development. The Coastal Commission admonished the City just last week for relying heavily on unreliable State Water and Chorro Valley water. Then there is the issue of building heights. The original permits for this subdivision required that lots be lowered to reduce the visual impact of the • houses. The condition was similar to that for the Point Subdivision, where P.O. Box 6291, Los Osos, CA 93412 (805) 528-0632 • FAX (805) 528-2423 • email: RIVERFUNK@aol.com 2 u 0 considerable earth was removed from the site in order to keep the roofs of the homes below the height of the bluffs. However, when Cloisters was graded, they took the dirt out of the central pond and excessively filled the lots. During the winter of `96-'97, some lots had as much as 10 feet of fill added and much of the southern portion had 6 to 8 feet of fill added! Since the lots were improperly graded, the one story homes will actually be as tall as two stories and the two story homes will be as tall as three stories from the natural grade. This clearly violates the LCP and will result in homes much taller than would have been allowed if the tract conditions had been followed. For these reasons, all of the houses under review should be denied for non- compliance with the building height limitations of the tract. Sincerely, Donald J. Funk P.O. Box 6291, Los Osos, CA 93412 (805) 528-0632 • FAX (805) 528-2423 • email: RIVERFUNK®aol.com City of Morro Bay ` City Council Agenda Mission Statement The City of Morro Bay is dedicated to the prcse=tion 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 23,1998; 5:00 P.M. CLOSED SESSION - MARCH 23,1998 CITY HALL CONFERENCE ROOM - 5:00 P.M. 595 HARBOR ST., MORRO BAY, CA CS-1 GOVERNMENT CODE SECTION 54957.6: CONFERENCE WITH LABOR NEGOTIATOR. Conference with the City Manager, the City's Designated Representative, for the purpose of reviewing the City's position regarding salaries, salary schedules, or compensation paid in the form of fringe benefits, and giving instructions to the Designated Representative. • PUBLIC SESSION - MARCH 23,1998 VETERANS MEMORIAL HALL - 6:00 P.M. 209 SURF ST., MORRO BAY, CA ESTABLISH QUORUM AND CALL TO ORDER PRAYER PLEDGE OF ALLEGIANCE THOUGHT FOR THE DAY MAYOR AND COUNCILMEMBERS ANNOUNCEMENTS & PRESENTATIONS CLOSED SESSION REPORT PUBLIC COMMENT PERIOD - Members of the audience wishing to address the Council on City business matters (other than Public Hearing items under Section B) may do so at this time. To increase the effectiveness of the Public Comment Period, the following rules shall be followed: When recognized by the Mayor, please come forward to the podium and state your name and address for the record. Comments are to be limited to three minutes. • All remarks shall be addressed to Council, as a whole, and not to any individual • member thereof. • No person shall be permitted to make slanderous, profane or personal remarks against any elected official, commission and/or staff. COUNCIL DECLARATION OF FUTURE AGENDA ITEMS A. CONSENT CALENDAR Unless an item is pulled for separate action by the City Council, the following actions are approved without discussion. A-1 APPROVAL OF MINUTES FOR THE REGULAR CITY COUNCIL MEETINGS OF FEBRUARY 23, 1998 AND MARCH 9, 1998 (PULLED), AND THE SPECIAL ALL -BOARDS MEETING OF FEBRUARY 17, 1998; (BAUER) RECOMMENDATION: Approve as submitted. A-2 INVESTMENT REPORT FOR FEBRUARY 1998; (KOSER) RECOMMENDATION: Receive for information. • A-3 EXPENDITURE REPORT FOR FEBRUARY 1998; (KOSER) RECOMMENDATION: Approve as submitted. A-4 THIRD QUARTER 1997 SALES TAX REPORT; (KOSER) RECOMMENDATION: Receive for information. A-5 APPROVAL OF FISCAL YEARS 95/96 AND 96/97 TDA AUDIT REPORT; (KOSER) RECOMMENDATION: Approve as submitted. A-6 CONSIDERATION OF EXTENSION OF VIDEO PRODUCTION SERVICES AGREEMENT WITH AGP VIDEO THROUGH THE END OF FISCAL YEAR 97/98; (BOUCHER) RECOMMENDATION: Extend AGP Video Agreement through June 30, 1998 A-7 RESOLUTION NO. 24-98 APPROVING THE SUBMISSION OF AN APPLICATION FOR A MOTOR VEHICLE EMISSIONS REDUCTION 0 PROGRAM GRANT FROM THE AIR POLLUTION CONTROL DISTRICT FOR • THE TROLLEY; (BOUCHER) RECOMMENDATION: Adopt Resolution No. 24-98 approving submission of the grant application and authorize its execution. A-8 RESOLUTION NO. 30-98 ESTABLISHING ON -STREET PARKING PROHIBITION ADJACENT TO 350-358 QUINTANA ROAD; (BOUCHER) RECOMMENDATION: Adopt Resolution No. 30-98 approving the parking prohibition. A-9 RESOLUTION NO. 28-98 APPROVING ASSIGNMENT OF LEASE SITES 93- 95/93W-95W FROM THE EXISTING INDIVIDUALS INTO TRUSTEES - HARBOR CENTER/ HELD; (ALGERT) RECOMMENDATION: Adopt Resolution No. 28-98. A-10 RESOLUTION NO. 29-98 APPROVING SUBLEASE FOR AIR -BRUSH T-SHIRT SHOP ON LEASE SITE 89-89W - MARINE WAYS/STEINMANN; (ALGERT) RECOMMENDATION: Adopt Resolution No. 29-98. • A-11 REJECTION OF CLAIM AGAINST THE CITY - Donville; (DAVIS) RECOMMENDATION: Reject the claim against the City. A-12 PROCLAMATION DECLARING "MONTH OF THE CHILD"; (LUEKER) RECOMMENDATION: Authorize Mayor to sign proclamation. B. PUBLIC HEARINGS, REPORTS & APPEARANCES - NONE. C. UNFINISHED BUSINESS C-1 REQUEST FOR PROPOSALS FOR VIDEO PRODUCTION SERVICES AND CHANNEL 54 INSERTION POINT MANAGEMENT AGREEMENT; (BOUCHER) RECOMMENDATION: Provide comments and authorize distribution of the RFP. D. NEW BUSINESS • D-1 RESOLUTION NOS. 25-98, 26-98, 27-98 AND 31-98 APPROVING MEMORANDA OF UNDERSTANDING CONCERNING WAGES, BENEFITS AND WORKING CONDITIONS BETWEEN THE CITY OF MORRO BAY AND • EMPLOYEE UNITS; (COLE) RECOMMENDATION: Adopt Resolutions No. 25-98, 26-98, 27-98 and 31-98; and, authorize pick-up of 2.523% retirement contribution for PERS part-time employees. D-2 CONSIDERATION OF LOADING ZONES ON THE EMBARCADERO; (LOVEN) RECOMMENDATION: Adopt Option No. 1 to defer establishing loading zones, and direct staff to pursue acquisition of satellite parking. D-3 CONSIDERATION OF CHARTER CITY v. GENERAL LAW RAMIFICATIONS; (ADMIN) RECOMMENDATION: Review report from City Attorney and provide direction. E. ADJOURNMENT THIS AGENDA IS SUBJECT TO AMENDMENT UP TO 72 HOURS PRIOR TO THE DATE AND • TIME SET FOR THE MEETING. PLEASE REFER TO THE AGENDA POSTED AT CITY HALL FOR ANY REVISIONS OR CALL THE CLERK'S OFFICE AT 772-6200 FOR FURTHER INFORMATION. COPIES OF STAFF REPORTS OR OTHER PUBLIC DOCUMENTATION RELATING TO EACH ITEM OF BUSINESS REFERRED TO ON THIS AGENDA ARE ON FILE IN THE OFFICE OF THE CITY CLERK AND AVAILABLE FOR PUBLIC INSPECTION AND REPRODUCTION AT COST AT CITY HALL, LIBRARY, AND MILLS STATIONERY. IN COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT, IF YOU NEED SPECIAL ASSISTANCE TO PARTICIPATE IN A CITY MEETING, PLEASE CONTACT THE CITY CLERK'S OFFICE AT LEAST 24 HOURS PRIOR TO THE MEETING TO INSURE THAT REASONABLE ARRANGEMENTS CAN BE MADE TO PROVIDE ACCESSIBILITY TO THE MEETING. 0 • 40 MINUTES - MORRO BAY CITY COUNCIL CLOSED SESSION - MARCH 23, 1998 CITY HALL CONFERENCE ROOM - 5:00 P.M. Mayor Novak called the meeting to order at 5:00 p.m. PRESENT: ABSENT: STAFF: CLOSED SESSION Dave Elliott Rodger Anderson William Peirce Janice Peters Cathy Novak David Cole Dave Fleishman Ardith Davis Vice Mayor Councilmember Councilmember Councilmember Mayor City Manager City Attorney Personnel Officer MOTION: Councilmember Peirce moved the meeting be adjourned to Closed Session. The motion was seconded by Councilmember Peters and unanimously carried. (4-0) Vice Mayor Elliott read the Closed Session statement. CS-1 GOVERNMENT_ CODE SECTION 54957.6: CONFERENCE WITH LABOR NEGOTIATOR. Conference with the City Manager, the City's Designated Representative, for the purpose of reviewing the City's position regarding salaries, salary schedules, or compensation paid in the form of fringe benefits, and giving instructions to the Designated Representative. The meeting adjourned to Closed Session at 5:00 p.m. and returned to regular session at 5:47 p.m. MOTION: Councilmember Peirce moved the meeting be adjourned. The motion was seconded by Councilmember Peters and unanimously carried. (4-0) The meeting adjourned at 5:47 p.m. • • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - MARCH 23, 1998 VETERANS MEMORIAL HALL - 6:00 P.M. Vice Mayor Elliott called the meeting to order at 6:07 p.m PRESENT: Dave Elliott Vice Mayor Rodger Anderson Councilmember William Peirce Councilmember Janice Peters Councilmember ABSENT: Cathy Novak Mayor STAFF: David Cole Robert Schultz Bridgett Bauer Rick Algert Bill Boucher Ardith Davis Jim Koser Joe Loven Andrea Lueker Shauna Nauman City Manager City Attorney City Clerk Harbor Director Public Works Director Personnel Officer Finance Director Police Chief Recreation & Parks Director Acting Planning & Building Director ESTABLISH QUORUM AND CALL TO ORDER PRAYER PLEDGE OF ALLEGIANCE THOUGHT FOR THE DAY MAYOR'S REPORTS & ANNOUNCEMENTS: Vice Mayor Elliott noted Mayor Novak is in Washington, D.C. this week to lobby for federal funding for Morro Bay's Harbor Entrance. Vice Mayor Elliott presented a Certificate of Appreciation to Jason Zatt for his heroic efforts while serving on the County Dive Team in the rescue attempt of two Highway Patrol Officers at the Highway 166 incident. Vice Mayor Elliott presented Certificates of Appreciation to Steve Mathieu, Ray McKelligott and Bill Olson for their efforts while serving on the Video Broadcast Committee. Councilmember Peters presented to Councilmember Peirce a plaque for serving on the Economic Opportunity Commission. 4 • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - MARCH 23, 1998 Shannon Stocking, Director of the Recreation & Parks Kids Club, along with children of the program, made a presentation to the City Council in honor of April 1998 being "Month of the Child". CLOSED SESSION REPORT - None. PUBLIC COMMENT Ernie Miller addressed the City Council regarding Habitat for Humanity which is a Christian movement to assist in homeless shelters and low-income housing. Barbara Playan addressed the City Council on the progress of the traffic signal on Highway One/Yerba Buena, and the reduced speed limit on Highway One through North Morro Bay. Jim Wood requested support for the sale of live fish off fishing vessels in Morro Bay. Lynda Merrill stated the Spaghetti Feed sponsored by the Recreation & Parks Department • and Recreation & Parks Commission was a success and funds were raised for children's programs. She also requested Council consider staffs recommendations on Item A-6 (Consideration of Extension of Video Production Services Agreement with AGP Video through the end of Fiscal Year 97/98); and also addressed Item C-1 (Request for Proposals for Video Production Services and Channel 54 Insertion Point Management Agreement) encouraging the contract be awarded for a longer period of time. Jeff O'Dell shared a quote by Thomas Jefferson. John Barta addressed an idea for a short scenic loop which the Planning Commission will be reviewing at their next meeting, and asked for the City Council to act on it as soon as possible. Nancy Castle stated plans for the 4th of July celebration are moving forward, and requested funding support and participation at the Round Table Meetings. Vice Mayor Elliott closed the public comment period. DECLARATION OF FUTURE AGENDA ITEMS Councilmember Peirce requested to agendize discussion on policies and procedures on • the Traveler's Information Radio; and also agendize discussion on the proposed scenic loop. 3 • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - MARCH 23, 1998 A. CONSENT CALENDAR Unless an item is pulled for separate action by the City Council, the following actions are approved without discussion. A-1 APPROVAL OF MINUTES FOR THE REGULAR CITY COUNCIL MEETINGS OF FEBRUARY 23, 1998 AND MARCH 9, 1998 (PULLED), AND THE SPECIAL ALL -BOARDS MEETING OF FEBRUARY 17, 1998; (BAUER) RECOMMENDATION: Approve as submitted. A-2 INVESTMENT REPORT FOR FEBRUARY 1998; (KOSER) RECOMMENDATION: Receive for information. A-3 EXPENDITURE REPORT FOR FEBRUARY 1998; (KOSER) RECOMMENDATION: Approve as submitted. • A-4 THIRD QUARTER 1997 SALES TAX REPORT; (KOSER) RECOMMENDATION: Receive for information. A-5 APPROVAL OF FISCAL YEARS 95/96 AND 96/97 TDA AUDIT REPORT; (KOSER) RECOMMENDATION: Approve as submitted. A-6 CONSIDERATION OF EXTENSION OF VIDEO PRODUCTION SERVICES AGREEMENT WITH AGP VIDEO THROUGH THE END OF FISCAL YEAR 97/98; (BOUCHER) RECOMMENDATION: Extend AGP Video Agreement through June 30,1998 A-7 RESOLUTION NO. 24-98 APPROVING THE SUBMISSION OF AN APPLICATION FOR A MOTOR VEHICLE EMISSIONS REDUCTION PROGRAM GRANT FROM THE AIR POLLUTION CONTROL DISTRICT FOR THE TROLLEY; (BOUCHER) • RECOMMENDATION: Adopt Resolution No. 24-98 approving submission of the grant application and authorize its execution. 0 • A-8 RESOLUTION NO. 30-98 ESTABLISHING ON -STREET PARKING PROHIBITION ADJACENT TO 350-358 QUINTANA ROAD; (BOUCHER) RECOMMENDATION: Adopt Resolution No. 30-98 approving the parking prohibition. A-9 RESOLUTION NO. 28-98 APPROVING ASSIGNMENT OF LEASE SITES 93- 95/93W-95W FROM THE EXISTING INDIVIDUALS INTO TRUSTEES - HARBOR CENTER/ HELD; (ALGERT) RECOMMENDATION: Adopt Resolution No. 28-98. A-10 RESOLUTION NO. 29-98 APPROVING SUBLEASE FOR AIR -BRUSH T- SHIRT SHOP ON LEASE SITE 89-89W - MARINE WAYS/STEINMANN; (ALGERT) RECOMMENDATION: Adopt Resolution No. 29-98. A-11 REJECTION OF CLAIM AGAINST THE CITY - Donville; (DAVIS) RECOMMENDATION: Reject the claim against the City. • A-12 PROCLAMATION DECLARING "MONTH OF THE CHILD'; (LUEKER) RECOMMENDATION: Authorize Mayor to sign proclamation. MOTION: Councilmember Peirce moved the City Council approve the Consent Calendar. The motion was seconded by Councilmember Peters and carried unanimously. (4-0) B. PUBLIC HEARINGS, REPORTS & APPEARANCES - NONE. C. UNFINISHED BUSINESS C-1 REQUEST FOR PROPOSALS FOR VIDEO PRODUCTION SERVICES AND CHANNEL 54 INSERTION POINT MANAGEMENT AGREEMENT; (BOUCHER) Public Works Director Bill Boucher reviewed previous Council action regarding the Video Production Services and Channel 54 Insertion Point Management Agreement. He noted the current agreement will expire June 30, 1998, and the Request for Proposal • (RFP) process should begin soon in order to be able to have a contract signed by the end of June for work to begin on July 1, 1998. Mr. Boucher stated there will be a nominal F1 MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - MARCH 23, 1998 fiscal impact as it pertains to advertising for the RFP at a cost of approximately $250- $300, and there are no funds currently available in the Council account from which the video production company is paid to advertise this RFP. Therefore, he recommended the current fiscal year Engineering and Administration budget as a source of funding. Councilmember Peters stated an RFP is not necessary at this time, and noted the present contractor is doing a good job at a reasonable rate. She requested the City Council consider extending the present contractor's contract to the 1998/99 fiscal year. Councilmember Peirce noted the proposed RFP seems to be less stringent than the last one, most specifically addressing the insurance clause. Councilmember Anderson asked if the Public Works Advisory Board discussed maintaining the present contractor. Mr. Boucher responded the Public Works Advisory Board did discuss the legal aspects, with additional discussion on the ethics of not limiting the contract to a single contractor. City Attorney Robert Schultz also noted legally the City cannot change the existing contract without going out to bid. • Councilmember Elliott stated the RFP process will establish the program with parameters and guidelines, and should not be a disadvantage to the present contractor. Councilmember Anderson suggested, and Council agreed, to not take action on this tonight, and instead directed staff to work with the present contractor regarding the service level being performed. Mr. Boucher noted there may be sufficient time to defer action tonight and return to Council with further information regarding the service level of the present contractor. D. NEW BUSINESS D-1 RESOLUTION NOS. 25-98, 26-98, 27-98 AND 31-98 APPROVING MEMORANDA OF UNDERSTANDING CONCERNING WAGES, BENEFITS AND WORKING CONDITIONS BETWEEN THE CITY OF MORRO BAY AND EMPLOYEE UNITS; (COLE) City Manager Dave Cole presented the Memoranda of Understanding recommending the classification, compensation and terms of employment for the Management, Confidential and SEIU units; and the 2.523% PERS pick up for part-time employees enrolled in the Public Employees Retirement System. Mr. Cole recommended the City Council approve • the Memoranda of Understanding by adoption of Resolution No. 25-98 for the Management employees, Resolution No. 26-98 for the Confidential employees, and 0 • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - MARCH 23, 1998 Resolution No. 27-98 for the Miscellaneous (SEIU) employees; with an additional motion authorizing pick-up of 2.523% retirement contribution for PERS part-time employees. Councilmember Peters noted for public information that the last increase in employee wages was in July 1996, which was approved as an 18-month contract. MOTION: Councilmember Peirce moved the City Council adopt Resolution No. 25-98 relating to the classification, compensation and terms of employment of management employees of the City of Morro Bay. The motion was seconded by Councilmember Anderson and carried unanimously. (4-0) MOTION: Councilmember Peters moved the City Council adopt Resolution No. 26-98 relating to the classification, compensation and terms of employment of confidential employees of the City of Morro Bay. The motion was seconded by Councilmember Peirce and carried unanimously. (4-0) MOTION: Councilmember Anderson moved the City Council adopt Resolution No. • 27-98 relating to the classification, compensation and terms of employment of miscellaneous employees of the City of Morro Bay. The motion was seconded by Councilmember Peirce and carried unanimously. (4-0) MOTION: Councilmember Elliott moved the City Council authorize the pick-up of 2.523% retirement contribution of PERS for part-time employees. Councilmember Peters noted for public information that this approval is for a portion of pick-up for the employee who works 1,000 hours or more in a year, and the employee picks up the rest. The motion was seconded by Councilmember Anderson and carried unanimously. (4-0) D-2 CONSIDERATION OF LOADING ZONES ON THE EMBARCADERO; (LOVEN) Police Chief Joe Loven stated the issue of parking controls on the Embarcadero has a long history. He said past attempts to improve traffic flow and vehicle turnover rates for the limited spaces on the Embarcadero have met with little consensus or successful change. Chief Loven stated the issue of establishing loading zones is now being brought is implementation. the Council to determine if it wishes to consider such restrictions and the extent of implementation. 7 • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - MARCH 23, 1998 He said installation of loading zones could have a significant impact on the number of available spaces for vehicles on the Embarcadero. Chief Loven also noted costs will vary depending on the number of loading zones, the length of the zones and extent of street and curb markings that will have to be altered. He said sign costs alone are estimated at approximately $100.00 each if installed by city staff, and additional costs would include any necessary sign poles, curb painting and stenciling, and removal of any existing street markings. Chief Loven recommended the City Council approve Option #1 of the staff report to defer the establishment of loading zones, and direct staff to pursue acquisition of satellite parking. The City Council discussed the problem with double parking on the Embarcadero, especially during peak business hours and periods of heavy tourism. Councilmember Anderson stated Option #5 of the staff report requesting the merchants to seek voluntary cooperation regarding restricted delivery hours would not be feasible because merchants do not want to negotiate with the delivery truck drivers. He said he would, however, support mandated restricted parking hours. City Attorney Robert Schultz noted the City • cannot supersede state law by posting parking times. The City Council concurred with Option 44 of the staff report, and directed staff to agendize the issues of loading zones and parking time limits on the Embarcadero before the Harbor Advisory Board, and return the Board's recommendations to the City Council at an upcoming meeting. D-3 CONSIDERATION OF CHARTER CITY v. GENERAL LAW RAMIFICATIONS; (ADMIN) City Attorney Robert Schultz reviewed the two different types of cities, Charter and General Law cities, which are recognized under California law: Charter cities allow the City to govern municipal affairs and have the freedom and the power to create their own structure of government and pass such laws as they deem fit, so long as they comply with constitutional guidelines. General Law cities are governed by and bound by the California State Government Code. He said a city may become a charter city through the adoption of the charter by vote of the electorate, which would be placed on the ballot for approval by the citizens. • 0 • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - MARCH 23, 1998 Mr. Schultz stated there does not appear to be any significant financial advantage to a chartered city as opposed to a general law city; and that most of the distinctions exist procedurally. He noted, however, it would be a significant undertaking resulting in a large impact on staff time and attorneys' fees. The City Council requested this issue return to Council with further information. F. ADJOURNMENT The meeting adjourned at 8:11 p.m. Recorded by: Bridgett Bauer isCity Clerk 0 W 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 9,1998 CLOSED SESSION - MARCH 9,1998 CITY HALL CONFERENCE ROOM - 5:00 P.M. 595 HARBOR ST., MORRO BAY, CA CS-1 GOVERNMENT CODE SECTION 54956.9(A). CONFERENCE WITH LEGAL COUNSEL REGARDING PENDING LITIGATION: • Donville v. City of Morro Bay, San Luis Obispo Superior Court Case No. CV 980098. • • City of Morro Bay v. State Water Resources Control Board, Sacramento Superior Court Case No. CV078093. CS-2 GOVERNMENT CODE SECTION 54957.6. CONFERENCE WITH LABOR NEGOTIATOR. Conference with the City Manager, the City's Designated Representative, for the purpose of reviewing the City's position regarding salaries, salary schedules, or compensation paid in the form of fringe benefits, and giving instructions to the Designated Representative. PUBLIC SESSION - MARCH 9, 1998 VETERANS MEMORIAL HALL - 6:00 P.M. 209 SURF ST., MORRO BAY, CA ESTABLISH QUORUM AND CALL TO ORDER PRAYER PLEDGE OF ALLEGIANCE THOUGHT FOR THE DAY MAYOR AND COUNCILMEMBERS ANNOUNCEMENTS & PRESENTATIONS . CLOSED SESSION REPORT • PUBLIC COMMENT PERIOD - Members of the audience wishing to address the Council on City business matters (other than Public Hearing items under Section B) may do so at this time. To increase the effectiveness of the Public Comment Period, the following rules shall be followed: • When recognized by the Mayor, please come forward to the podium and state your name and address for the record. Comments are to be limited to three minutes. • All remarks shall be addressed to Council, as a whole, and not to any individual member thereof. • No person shall be permitted to make slanderous, profane or personal remarks against any elected official, commission and/or staff. COUNCIL DECLARATION OF FUTURE AGENDA ITEMS A. CONSENT CALENDAR Unless an item is pulled for separate action by the City Council, the following actions are approved without discussion. is A-1 APPROVAL OF MINUTES FOR THE REGULAR CITY COUNCIL MEETINGS OF FEBRUARY 23, 1998, AND SPECIAL ALL BOARDS MEETING OF FEBRUARY 17, 1998; (BAUER) RECOMMENDATION: Approve as submitted. A-2 RESOLUTION NO. 21-98 APPROVING FUND TRANSFER AGREEMENT FOR MAIN STREET BIKE PATH; (BOUCHER) RECOMMENDATION: Adopt Resolution No. 21-98 approving Fund Transfer Agreement. A-3 STATUS REPORT ON 1997 ACTIVITIES ON SOLID WASTE AND RECYCLING; (BOUCHER) RECOMMENDATION: Receive report for information. A-4 RESOLUTION NO. 20-98 APPROVING VACATION ON NAPA STREET; (BOUCHER) RECOMMENDATION: Adopt Resolution No. 20-98 approving the summary • vacation of portions of the Napa Avenue right-of-way. 2 • A-5 RESOLUTION NO. 18-98 APPROVING AGREEMENT TO EXTEND TIME TO CONSIDER CHARTER COMMUNICATIONS TRANSFER REQUEST; (BOUCHER) RECOMMENDATION: Adopt Resolution No. 18-98 approving an Agreement to extend the 120-day time period and subsequent extensions through April 21, 1998 to consider Charter Communication Transfer Agreement. A-6 PROCLAMATION DECLARING MARCH 19, 1998 AS "ABSOLUTELY INCREDIBLE KID DAY'; (ADMIN) RECOMMENDATION: Adopt proclamation. A-7 REVIEW OF JOB DESCRIPTION AND SALARY SCHEDULE FOR INFORMATION SYSTEMS TECHNICIAN; (DAVIS) RECOMMENDATION: Adopt proposed job description and salary range for the position of Information Systems Technician. A-8 CONSIDERATION OF AIRING BOARD OF SUPERVISOR CANDIDATES' FORUM ON CHANNEL 54 • RECOMMENDATION: Approve exception to the Channel 54 Guidelines and Policies, Item 3, to allow the airing of the Board of Supervisor Candidates' Forum. is A-9 RESOLUTION NO. 22-98 AUTHORIZING THE RECEIPT AND EXPENDITURE OF PVEA FUNDS FOR THE YERBA BUENA/HIGHWAY ONE SIGNAL. RECOMMENDATION: Approve Resolution No. 22-98 authorizing the Mayor to execute documents necessary for the PVEA grant for the project. B. PUBLIC HEARINGS. REPORTS & APPEARANCES B-1 CONSIDERATION OF SCENIC HIGHWAY DESIGNATION; (ADMIN) RECOMMENDATION: Direct staff to work with San Luis Obispo County staff to prepare a Resolution of Intent Package and application for submittal to the CalTrans district office requesting the designation of Highway One, from the Monterey County line to the San Luis Obispo city limits, as a California Scenic Highway. 3 . B-2 REPORT ON CDBG 1995 TECHNICAL ASSISTANCE GRANT; AND REPORT ON POSSIBLE 1998 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) ACTIVITIES; (NAUMAN) RECOMMENDATION: 1) Review the final report, and authorize the Final Grantee Performance Report for submission to the California Department of Housing and Community Development; and 2) accept public input regarding possible 1998 CDBG applications. C. UNFINISHED BUSINESS - NONE. D. NEW BUSINESS D-1 REVIEW STATUS OF VIDEO BROADCAST COMMITTEE (VBC); (BOUCHER) RECOMMENDATION: 1) Disband the VBC as its tasks have been completed; 2) thank the VBC members and volunteers by presenting them with certificates of appreciation for their time and effort over the past two years; and 3) delegate any on -going duties with regards to Channel 54 to the Public Works Advisory Board. • D-2 REVIEW STATUS OF SENSE MINUTES; (ADMIN) RECOMMENDATION: Continue with existing policy of sense "synopsis" minutes for City Council, Commissions, and Advisory Board meetings. D-3 SCHEDULE DATE FOR TOWN HALL MEETING; (ADMIN) RECOMMENDATION: Schedule Town Hall Meeting - Proposed dates are Tuesday, April 21, 1998 or Thursday, April 23, 1998. 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. n u MINUTES - MORRO BAY CITY COUNCIL CLOSED SESSION - MARCH 9, 1998 CITY HALL CONFERENCE ROOM - 5:00 P.M. Mayor Novak called the meeting to order at 5:00 p.m PRESENT: Cathy Novak Mayor Rodger Anderson Councilmember Dave Elliott Councilmember William Peirce Councilmember Janice Peters Councilmember STAFF: David Cole City Manager David Hunt City Attorney Bill Boucher Public Works Director Ardith Davis Personnel Officer/Risk Manager CLOSED SESSION MOTION: Councilmember Peirce moved the meeting be adjourned to Closed Session. The motion was seconded by Councilmember Elliott and unanimously carried. (5-0) • Mayor Novak read the Closed Session statement. CS-1 GOVERNMENT CODE SECTION 54956.9(A): CONFERENCE WITH LEGAL COUNSEL REGARDING PENDING LITIGATION: • Donville v. City of Morro Bay, San Luis Obispo Superior Court Case No. CV 980098. • City of Morro Bay v. State Water Resources Control Board, Sacramento Superior Court Case No. CV078093. CS-2 GOVERNMENT CODE SECTION 54957.6: CONFERENCE WITH LABOR NEGOTIATOR. Conference with the City Manager, the City's Designated Representative, for the purpose of reviewing the City's position regarding salaries, salary schedules, or compensation paid in the form of fringe benefits, and giving instructions to the Designated Representative. The meeting adjourned to Closed Session at 5:00 p.m. and returned to regular session at 5:47 p.m. MOTION: Councilmember Peters moved the meeting be adjourned. The motion was seconded by Councilmember Elliott and unanimously carried. (5-0) • The meeting adjourned at 5:47 p.m. • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - MARCH 9, 1998 VETERANS MEMORIAL HALL - 6:00 P.M. Mayor Novak called the meeting to order at 6:00 p.m PRESENT: Cathy Novak Mayor Rodger Anderson Councilmember Dave Elliott Councilmember William Peirce Councilmember Janice Peters Councilmember STAFF: David Cole David Hunt Bridgett Bauer Rick Algert Bill Boucher Jim Koser Joe Loven Shauna Nauman City Manager City Attorney City Clerk Harbor Director Public Works Director Finance Director Police Chief Acting Planning & Building Director • ESTABLISH QUORUM AND CALL TO ORDER PRAYER PLEDGE OF ALLEGIANCE THOUGHT FOR THE DAY MAYOR'S REPORTS & ANNOUNCEMENTS Councilmember Anderson requested the City Council add Item D-4 to the New Business portion of this agenda to approve Resolution No. 23-98 opposing new development of oil production facilities north of Point Sal. MOTION: Councilmember Anderson moved the City Council add Item D-4 to the New Business portion of this agenda to approve Resolution No. 23-98 opposing new development of oil production facilities north of Point Sal. The motion was seconded by Councilmember Peters and carried unanimously. (5-0) CLOSED SESSION REPORT - No reportable action. PUBLIC COMMENT Roger Ewing expressed support for Item A-8 (Consideration of Airing Board of . Supervisor Candidates' Forum on Channel 54), and Item B-1 (Consideration of Scenic Highway Designation). 2 • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - MARCH 9, 1998 Grace Melton addressed Item A-8 (Consideration of Airing Board of Supervisor Candidates' Forum on Channel 54) and asked if allowing the airing of this forum is in the best interest of the City. She noted if Council agrees to air the Board Of Supervisors forum, she would request to be allowed to provide the City with tapes of the State Congress - District 33 candidates forum for airing on Channel 54 with no editing. Lynda Merrill announced the Recreation & Parks Commission and Recreation & Parks Department are sponsoring a spaghetti feed on March 20th which is a fundraiser for the Community Foundation Youth Scholarship Program. Bill Raflowski stated the maintenance costs for the park located at the Cloisters Subdivision is too expensive. He also noted the new building on the Embarcadero does not fit in with the City's fishing village atmosphere. Jeff O'Dell cited Bible references regarding prayer, and said prayer should be done in private, not at a public meeting. Suedene Walker stated the 4th of July Round Table meets every Friday. She also noted $1,500 has been pledged by various businesses and citizens for this event. • Jim Wood addressed Item D-2 (Review Status of Sense Minutes) and stated he would like verbatim minutes to return for use of future review. • Harry Rogers referred to Item D-2 (Review Status of Sense Minutes) and said verbatim minutes show a history of what was done; perhaps a compromise of synopsis minutes with more information would be beneficial. Mr. Rogers also addressed public prayer and the reference made earlier regarding the Bible. Charlie Palmer stated the prevailing speed of traffic sets the speed law, and the 55 mph on Highway One will not be enforceable if 85% of the traffic is traveling at 65 mph. Chief Loven clarified the reduced speed limit will not be enforceable by radar; however, it will be enforceable by the speed law. Colby Crotzer offered the following comments: 1) he is opposed to prayer at public meetings; 2) he favors Resolution No. 23-98 in opposing new development of oil production facilities north of Point Sal; 3) synopsis minutes do not reflect what the community or advisory/commission members have to say; and 4) hopefully, the reduced speed limit on Highway One will be maintained after the construction period is over. Paul Twedt requested the City Council consider airing government forums on Channel 54. 3 MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - MARCH 9, 1998 Meredith Bates addressed Item A-5 (Resolution No. 18-98 approving Agreement to extend time to consider Charter Communications transfer request), stating the transfer of Sonic Cable to Charter Communications is more complicated than expected, and she is glad that the City Council authorized the services of a consultant. She noted one of her concerns is the number of violations found in the connections from the cables to residences in the City. Ms. Bates also referred to Item A-8 (Consideration of Airing Board of Supervisor Candidates' Forum on Channel 54), stating the League of Women Voters is the most appropriate and qualified sponsor to hold forums. Wally McCray thanked the City Council and staff for the trimming of trees and repair of sidewalks in the City. Nancy Bast expressed support for Item 8 (Consideration of Airing Board of Supervisor Candidates' Forum on Channel 54), and requested the City Council consider approval of this item. John Barta addressed Item D-2 (Review Status of Sense Minutes), stating verbatim minutes show accurate records of City business. He also provided the City with copies • of City official rosters which he prepared. DECLARATION OF FUTURE AGENDA ITEMS Councilmember Peters requested the Channel 54 Operating Policies and Guidelines return for Council review. A. CONSENT CALENDAR Unless an item is pulled for separate action by the City Council, the following actions are approved without discussion. AA APPROVAL OF MINUTES FOR THE REGULAR CITY COUNCIL MEETINGS OF FEBRUARY 23, 1998, AND SPECIAL ALL BOARDS MEETING OF FEBRUARY 17, 1998; (BAUER) RECOMMENDATION: Approve as submitted. A-2 RESOLUTION NO. 21-98 APPROVING FUND TRANSFER AGREEMENT FOR MAIN STREET BIKE PATH; (BOUCHER) • RECOMMENDATION: Adopt Resolution No. 21-98 approving Fund Transfer Agreement. M • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - MARCH 9, 1998 A-3 STATUS REPORT ON 1997 ACTIVITIES ON SOLID WASTE AND RECYCLING; (BOUCHER) RECOMMENDATION: Receive report for information. A-4 RESOLUTION NO. 20-98 APPROVING VACATION ON NAPA STREET; (BOUCHER) RECOMMENDATION: Adopt Resolution No. 20-98 approving the summary vacation of portions of the Napa Avenue right-of-way. A-5 RESOLUTION NO. 18-98 APPROVING AGREEMENT TO EXTEND TIME TO CONSIDER CHARTER COMMUNICATIONS TRANSFER REQUEST; (BOUCHER) RECOMMENDATION: Adopt Resolution No. 18-98 approving an Agreement to extend the 120-day time period and subsequent extensions through April 21, 1998 to consider Charter Communication Transfer Agreement. • A-6 PROCLAMATION DECLARING MARCH 19, 1998 AS "ABSOLUTELY INCREDIBLE KID DAY'; (ADMIN) RECOMMENDATION: Adopt proclamation. A-7 REVIEW OF JOB DESCRIPTION AND SALARY SCHEDULE FOR INFORMATION SYSTEMS TECHNICIAN; (DAVIS) RECOMMENDATION: Adopt proposed job description and salary range for the position of Information Systems Technician. A-8 CONSIDERATION OF AIRING BOARD OF SUPERVISOR CANDIDATES' FORUM ON CHANNEL 54 RECOMMENDATION: Approve exception to the Channel 54 Guidelines and Policies, Item 3, to allow the airing of the Board of Supervisor Candidates' Forum. A-9 RESOLUTION NO. 22-98 AUTHORIZING THE RECEIPT AND EXPENDITURE OF PVEA FUNDS FOR THE YERBA BUENA/HIGHWAY • ONE SIGNAL. 5 • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - MARCH 9, 1998 RECOMMENDATION: Approve Resolution No. 22-98 authorizing the Mayor to execute documents necessary for the PVEA grant for the project. Councilmember Peters pulled Item A-1 from the Consent Calendar; Councilmember Anderson pulled Items A-4, A-8, and A-9; and Councilmember Elliott pulled Item A-5. MOTION: Councilmember Peters moved the City Council approve the Consent Calendar with the exception of Items A-1, A-4, A-5, A-8 and A-9. The motion was seconded by Councilmember Peirce and carried unanimously. (5-0) A -I APPROVAL OF MINUTES FOR THE REGULAR CITY COUNCIL MEETINGS OF FEBRUARY 23, 1998, AND SPECIAL ALL BOARDS MEETING OF FEBRUARY 17, 1998; (BAUER) Councilmember Peters stated she has provided the City Clerk with amendments to the minutes of the February 23, 1998 City Council meeting, (copies were also provided to the City Council.) • MOTION: Councilmember Peters moved the minutes of the February 23, 1998 City Council meeting be approved with amendments. The motion was seconded by Councilmember Anderson. The City Council requested these amendments be discussed after Item D-2 of this agenda. Councilmember Peters withdrew her motion; Councilmember Anderson withdrew his second to the motion. The minutes were not approved at this time. A-4 RESOLUTION NO. 20-98 APPROVING VACATION ON NAPA STREET; (BOUCHER) Councilmember Anderson requested Mayor Novak report on her attendance at the San Luis Coastal Unified School District's Board Meeting concerning the Napa Street Vacation Agreement and the City's day care program. Mayor Novak stated the School Board's staff report and the Board's discussion with regard to Morro Elementary's expansion plans contained no mention that our City Council had approved and signed the Agreement for the Napa Street vacation and the • City's day care program. Mayor Novak said she provided testimony before the Board and presented the signed Agreement for their execution. R MINUTES - MORRO BAY CITY COUNCIL • REGULAR MEETING - MARCH 9, 1998 It was noted there was no representation from the School District at tonight's City Council meeting. MOTION: Mayor Novak moved the City Council adopt Resolution No. 20-98 approving the Summary Vacation of portions of the Napa Avenue right-of- way not required for street purposes. The motion was seconded by Councilmember Anderson and carried unanimously. (5-0) A-5 RESOLUTION NO. 18-98 APPROVING AGREEMENT TO EXTEND TIME TO CONSIDER CHARTER COMMUNICATIONS TRANSFER REQUEST; (BOUCHER) Councilmember Elliott stated the City Council had approved a second extension request to consider Charter Communication's transfer request at the February 9, 1998 meeting. He noted that this will hopefully be the last request for an extension regarding this franchise transfer request. MOTION: Councilmember Elliott moved the City Council adopt Resolution No. 18- • 98 approving an Agreement to extend the time to consider Charter Communication's Transfer Request to April 21, 1998. The motion was seconded by Councilmember Peters and carried unanimously. (5-0) • A-8 CONSIDERATION OF AIRING BOARD OF SUPERVISOR CANDIDATES' FORUM ON CHANNEL 54 Mayor Novak recommended the City Council take the agenda out of order, and discuss this item after Item D-l; Council concurred. A-9 RESOLUTION NO. 22-98 AUTHORIZING THE RECEIPT AND EXPENDITURE OF PVEA FUNDS FOR THE YERBA BUENA/HIGHWAY ONE SIGNAL. Councilmember Anderson commended staff for their efforts in obtaining funding for the Yerba Buena/Highway One traffic signal. Public Works Director Bill Boucher reviewed the background on the PVEA grant process. 7 • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - MARCH 9, 1998 MOTION: Mayor Novak moved the City Council approve Resolution No. 22-98 authorizing the receipt and expenditure of PVEA Funds for the Yerba Buena/Highway One traffic signal. The motion was seconded by Councilmember Peirce and carried unanimously. (5-0) Mr. Boucher provided the Agreements with CalTrans to Mayor Novak for her signature. Mayor Novak called for a break at 7:04 p.m.; the meeting resumed at 7:21 p.m. B. PUBLIC HEARINGS, REPORTS & APPEARANCES B-1 CONSIDERATION OF SCENIC HIGHWAY DESIGNATION; (ADMIN) Acting Planning & Building Director Shauna Nauman reviewed information received from CalTrans responding to questions the City Council had at the January 12, 1998 meeting. She noted in response to Council inquiries that the City's billboard, as a community welcome sign, is not affected by the designation, and no new standards or • ordinances would be required by the City. She said there appears to be no negative impact for the City in working with the County of San Luis Obispo to apply for the official Scenic Highway designation for State Highway One. Ms. Nauman recommended the City Council direct staff to work with San Luis Obispo County staff to prepare a Resolution of Intent Package and application for submittal to the CalTrans district office requesting the designation of Highway One, from the Monterey County line to the San Luis Obispo city limits, as a California Scenic Highway. Bob Carr of CalTrans answered Council questions, noting the following: 1) there are informational packets available at State borders where the designation will be addressed; 2) State Poppy signs are generally located adjacent to other Highway routes; 3) CalTrans will not have to review every amendment made to the City's zoning ordinance; and 4) there is a visual impact assessment booklet on the internet. Mr. Carr said they would address the Rock and the small fishing village aspect of the City when representing Morro Bay in Sacramento. Mayor Novak opened the hearing for public comment. L J 0 • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - MARCH 9, 1998 The following people expressed support for the Scenic Highway Designation along Highway One through Mono Bay: ABC President Colby Crotzer, County Supervisor Bud Laurent's Aide Sarah Christie, Pandora Nash, San Luis Obispo County Parks Commission Chair Cat McConnell, Shirley Bianchi, Nancy Bast, Warren Dorn, Jim Wood, Meredith Bates, Lynda Merrill, and Judy Horner. The following people requested the City Council review and consider some of the regulations involved prior to approval of this designation: John Barta (reading a letter from wife Nancy Barta), Mono Bay Chamber of Commerce Director Suedene Walker, and Harry Rogers. Bill Raflowski stated that billboards along Highway One are a disgrace to the surrounding area. Wally McCray offered his services to the City to review the guidelines and said he supports the designation with City control. Mayor Novak closed the public comment hearing. • Mayor Novak asked what the County timeline is for this designation. Ms. Christie responded prior to the end of Supervisor Laurent's term. Mayor Novak asked if the Scenic Highway designation will assist in obtaining grant funding for enhancement projects. Ms. Christie responded it is one more tool to use when applying for grants for projects. Councilmember Elliott expressed concern with regulations and future interpretations made by the State that pertain to this designation. Councilmember Peirce stated he also has concerns with these regulations. Councilmember Anderson stated he does not see the designation becoming a problem for Mono Bay's atmosphere, and noted the City should move forward with this designation. In response to a question from Councilmember Peters, Ms. Nauman said staff will need approximately 20 hours to submit the application to the County. Councilmember Peters stated this is a part of the City's General Plan and Local Coastal Plan, and the City is obligated to devote the staff time necessary to process this in accordance with these plans. She said this is a gift of promotion to the City. Mayor Novak also raised the idea of Mono Bay obtaining a self -designated scenic designation along with the County. She asked Mr. Can if the City can back out of the contract if necessary. Mr. Can responded that the City can withdraw a section at any • time. GJ MINUTES - MORRO BAY CITY COUNCIL • REGULAR MEETING - MARCH 9, 1998 MOTION: Councilmember Anderson moved the City Council direct staff to work with San Luis Obispo County staff to prepare a Resolution of Intent Package and application for submittal to the CalTrans district office requesting the designation of Highway One, from the Monterey County line to the San Luis Obispo city limits, as a California Scenic Highway. The motion was seconded by Councilmember Peters and carried with Councilmember Elliott voting no. (4-1) Mayor Novak called for a break at 9:14 p.m.; the meeting resumed at 9:26 p.m. B-2 REPORT ON CDBG 1995 TECHNICAL ASSISTANCE GRANT; AND REPORT ON POSSIBLE 1998 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) ACTIVITIES; (NAUMAN) Planning and Building Department Administrative Assistant Marci Laurent reviewed the report on the Community Development Block Grant (CDBG) 1995 Technical Assistance Grant, and the report on possible 1998 CDBG activities. She noted there are no fiscal impacts on the Final Grantee Performance Report; however, there is potential for • expenditure by the City of required matching funds for the 1998 CDBG applications depending on the amount of the grant award. Ms. Laurent recommended the City Council: 1) review the final report, and authorize the Final Grantee Performance Report for submission to the California Department of Housing and Community Development; and 2) accept public input regarding possible 1998 CDBG applications. 1) Report on the Community Development Block Grant (CDBG) 1995 Technical Assistance Grant Mayor Novak opened the hearing for public comment; there were no comments, and the public comment period was closed. MOTION: Councilmember Peters moved the City Council authorize the Final Grantee Performance Report for submission to the California Department of Housing and Community Development. The motion was seconded by Councilmember Peirce and carried unanimously. (5-0) 2) Report on Possible 1998 CDBG Activities Mayor Novak opened the hearing for public comment. • 10 • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - MARCH 9, 1998 Neil Farrell asked if the proposed Peoples' Garden Park would fall under the required guidelines. Ms. Laurent responded 80% would have to benefit low-income uses. She said she would discuss this alternative with the State representative. The public comment period was closed. Mayor Novak noted Gari Cave of Ombudsman is working on development of a Senior Day Care Project, and Councilmember Anderson is working on a possible Teen Center. She asked if these fall under the required guidelines. Ms. Laurent responded she would also discuss this with the State representative. Councilmember Elliott noted the Peoples' Garden Park could benefit low-income individuals by providing free entertainment. No further action was taken on this item. C. UNFINISHED BUSINESS - NONE. • D. NEW BUSINESS E D-1 REVIEW STATUS OF VIDEO BROADCAST COMMITTEE (VBC); (BOUCHER) Public Works Department Administrative Assistant Janeen Burlingame reported on the history of the Video Broadcast Committee (VBC). She noted that since the formation of the VBC, the City has entered into an agreement with AGP Video to tape City Council meetings and manage the Nutmeg insertion point. Ms. Burlingame said many of the duties that were performed by the VBC have been incorporated into the scope of work for managing the Nutmeg insertion point and are now handled by AGP Video. She stated the Public Works Advisory Board at its February 11, 1998 meeting recommended that the City Council: 1) disband the VBC, as its tasks have been completed; 2) thank the VBC members and volunteers by presenting them with certificates of appreciation for their time and effort over the past two years; and 3) delegate any on -going duties with regards to Channel 54 to the Public Works Advisory Board. Councilmember Peters asked who will investigate methods of funding for Channel 54 if the VBC is disbanded. Ms. Burlingame responded the Public Works Advisory Board will be reviewing the duties of the Channel 54 Ad -Hoc Committee Task Force at its March 11, 1998 meeting. 11 • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - MARCH 9, 1998 MOTION: Councilmember Elliott moved the City Council 1) disband the VBC as its tasks have been completed; 2) thank the VBC members and volunteers by presenting them with certificates of appreciation for their time and effort over the past two years; and 3) delegate any on -going duties with regard to Channel 54 to the Public Works Advisory Board. The motion was seconded by Councilmember Anderson and carried unanimously. (5-0) A-8 CONSIDERATION OF AIRING BOARD OF SUPERVISOR CANDIDATES' FORUM ON CHANNEL 54 Councilmember Peters stated Advocates for a Better Community (ABC) sponsored a Board of Supervisor Candidates' Forum on March 8, 1998. She noted this is the type of election year activity that would fit in the City's government -only public access definition, and requested the City Council grant an exception to the existing guidelines in order to air this forum on Channel 54. Mayor Novak stepped down due to conflict of interest because she was a candidate at the forum. • Councilmember Peters referred to the City Council's review and approval of the Channel 54 Guidelines and Policies on January 27, 1997, and said that Item #3 was worded: "Officially sanctioned, e.g., League of Women Voters, campaign debates in election years." She said when revised guidelines were submitted and adopted by the City Council on December 8, 1997, Item #3 contained a change in the wording to read: "Officially sanctioned debates in election years by the League of Women Voters." Councilmember Peters stated she does not recall the City Council or Public Works Advisory Board discussing this change in language. Councilmember Elliott stated this forum was sponsored by a partisan group, and that when a partisan group is asking questions, they can elude to sponsoring a specific candidate. He said the guidelines and policies of Channel 54 should be reviewed prior to allowing exceptions. Councilmember Anderson stated he cannot support this exception because it could open it up to all political parties. He noted if production equipment were not available to other parties, it could be perceived as a bias. MOTION: Councilmember Peters moved to approve an exception to Item 43 of the Guidelines and Policies of Channel 54, to allow the airing of the Board Of • Supervisor Candidates' Forum sponsored by Advocates for a Better Community. 12 • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - MARCH 9, 1998 The motion died for a lack of a second. Councilmember Peirce suggested allowing each organization to air one forum per election. Councilmember Elliott stated forums should be held by non -partisan groups only. MOTION: Councilmember Peirce moved the City Council allow each organization to present one debate per office, per election, effective immediately, including the March 8, 1998 forum. The motion was seconded by Councilmember Peters. Public Works Director Bill Boucher noted the Board of Supervisor election is not scheduled until June 1998, and recommended revising the guidelines prior to airing the forum. Councilmember Peirce agreed and withdrew his motion; Councilmember Peters withdrew her second to the motion. • The City Council requested that staff return the Channel 54 Policies and Guidelines to the Public Works Advisory Board for review, and report back to Council at the April 27, 1998 City Council meeting. Mayor Novak returned to her seat with the City Council. D-2 REVIEW STATUS OF SENSE MINUTES; (ADMIN) At the request of Councilmember Peters, the review of sense/synopsis minutes has been agendized for Council review. The City Council discussed that perhaps public meeting minutes should be a "synopsis" of discussion on how decisions have been reached. Councilmember Elliott referred to Roberts Rules of Order, which states the action taken is what should be recorded. The City Council requested that public meeting minutes remain as "synopsis" minutes; however, with more detail on sensitive issues. • Mayor Novak requested the City Council schedule a date to hold a Town Hall Meeting. 13 MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - MARCH 9, 1998 D-3 SCHEDULE DATE FOR TOWN HALL MEETING; (ADMIN) The City Council scheduled the Town Hall Meeting for Tuesday, April 21, 1998 at 6:00 p.m. in the Veterans' Memorial Building. D-4 RESOLUTION NO. 23-98 OPPOSING NEW DEVELOPMENT OF OIL PRODUCTION FACILITIES NORTH OF POINT SAL Councilmember Anderson read Resolution No. 23-98 for public information and requested the City Council adopt this Resolution in opposition to new development of oil production facilities North of Point Sal. MOTION: Councilmember Anderson moved the City Council adopt Resolution No. 23-98 opposing new development of oil production facilities north of Point Sal. The motion was seconded by Councilmember Peters and carried unanimously. (5-0) F. ADJOURNMENT • The meeting adjourned at 11:03 p.m. Recorded by: Bridgett Bauer City Clerk • 14 .m City of Morro Bay City Council Agenda Mission Statement The City of Morro Hay 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 23, 1998; 5:00 P.M. CLOSED SESSION - FEBRUARY 23,1998 CITY HALL CONFERENCE ROOM - 5:00 P.M. 595 HARBOR ST., MORRO BAY, CA CS-1 GOVERNMENT CODE SECTION 54956.9(B); CONFERENCE_ WITH LEGAL COUNSEL DUE TO SIGNIFICANT EXPOSURE TO LITIGATION. Significant exposure to litigation exists based upon existing facts and the advice of legal counsel as to one (1) matter: • San Luis Coastal Unified School District's assertion of a right to wheel • water through the City's water distribution system and its threat of litigation regarding the same. CS-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: DenDulk/King Property. Negotiating Parties: John King and City of Morro Bay. Negotiations: Voluntary Purchase and Sale. CS-3 GOVERNMENT CODE SECTION 54957.6; CONFERENCE WITH LABOR NEGOTIATOR. Conference with the City Manager, the City's Designated Representative, for the purpose of reviewing the City's position regarding salaries, salary schedules, or compensation paid in the form of fringe benefits, and giving instructions to the Designated Representative. VETERANS MEMORIAL HALL - 6:00 P.M. PUBLIC SESSION - FEBRUARY 23,1998 209 SURF ST., MORRO BAY, CA ESTABLISH QUORUM AND CALL TO ORDER PRAYER PLEDGE OF ALLEGIANCE THOUGHT FOR THE DAY MAYOR AND COUNCILMEMBERS ANNOUNCEMENTS & PRESENTATIONS CLOSED SESSION REPORT PUBLIC COMMENT PERIOD - Members of the audience wishing to address the Council on City business matters (other than Public Hearing items under Section B) may do so at this time. • To increase the effectiveness of the Public Comment Period, the following rules shall be followed: • When recognized by the Mayor, please come forward to the podium and state your name and address for the record. Comments are to be limited to three minutes. • All remarks shall be addressed to Council, as a whole, and not to any individual member thereof. • No person shall be permitted to make slanderous, profane or personal remarks against any elected official, commission and/or staff. COUNCIL DECLARATION OF FUTURE AGENDA ITEMS A. CONSENT CALENDAR Unless an item is pulled for separate action by the City Council, the following actions are approved without discussion. A-1 APPROVAL OF MINUTES FOR THE REGULAR CITY COUNCIL MEETING OF FEBRUARY 9, 1998; (BAUER) RECOMMENDATION: Approve as submitted. 2 • A-2 STATEMENT OF CASH AND INVESTMENTS - JANUARY 1998; (KOSER) RECOMMENDATION: Receive report for information. A-3 EXPENDITURE REPORT - JANUARY 1998; (KOSER) RECOMMENDATION: Approve as submitted. A-4 REVISION TO RESOLUTION NO. 16-98; (JONES) RECOMMENDATION: Review and approve revisions to Resolution No. 16-98. B. PUBLIC HEARINGS REPORTS & APPEARANCES B-1 CONSIDERATION OF REQUEST BY SAN LUIS COASTAL UNIFIED SCHOOL DISTRICT FOR REDUCED COSTS OF WATER; (BOUCHER) RECOMMENDATION: Deny the School District's request as being contrary to the financial benefit to the citizens of Morro Bay. • C. UNFINISHED BUSINESS C-1 RESOLUTION NO. 14-98 APPROVING AGREEMENT WITH SAN LUIS COASTAL UNIFIED SCHOOL DISTRICT TO FACILITATE EXPANSION AND IMPROVEMENTS OF MORRO ELEMENTARY SCHOOL; (BOUCHER) RECOMMENDATION: Adopt Resolution No. 14-98 approving the Agreement with the School District to 1) authorize extension of the existing child care program; and 2) commit to vacating portions of Napa Avenue right-of-way with conditions. C-2 RESOLUTION APPROVING REQUEST TO TRANSFER CABLE FRANCHISE TO CHARTER COMMUNICATIONS; (BOUCHER) - THIS ITEM HAS BEEN PULLED FROM THE AGENDA D. NEW BUSINESS D-1 PRESENTATION AND UPDATE BY CONSULTANT ON TRI-W PROJECT RECOMMENDATION: Receive presentation by Consultant. • D-2 REPORT BY CHAMBER OF COMMERCE ON 4TH OF JULY FESTIVITIES RECOMMENDATION: Receive report from Chamber of Commerce Director. 3 • D-3 RESOLUTION NO. 17-98 ADOPTING MID -YEAR BUDGET ADJUSTMENTS; (KOSER) RECOMMENDATION: Adopt Resolution No. 17-98 amending the Fiscal Year 1997/98 Budget. 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. • 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. 2 MINUTES - MORRO BAY CITY COUNCIL • CLOSED SESSION - FEBRUARY 23, 1998 CITY HALL CONFERENCE ROOM - 5:00 P.M. Mayor Novak called the meeting to order at 5:00 p.m PRESENT: Cathy Novak Mayor Rodger Anderson Councilmember Dave Elliott Councilmember William Peirce Councilmember Janice Peters Councilmember STAFF: David Cole City Manager David Hunt City Attorney CLOSED SESSION MOTION: Councilmember Peters moved the meeting be adjourned to Closed Session. The motion was seconded by Councilmember Anderson and unanimously carried. (5-0) Mayor Novak read the Closed Session statement. • CS-1 GOVERNMENT CODE SECTION 54956.9B1: CONFERENCE WITH LEGAL COUNSEL DUE TO SIGNIFICANT EXPOSURE TO LITIGATION. Significant exposure to litigation exists based upon existing facts and the advice of legal counsel as to one (1) matter: • San Luis Coastal Unified School District's assertion of a right to wheel water through the City's water distribution system and its threat of litigation regarding the same. CS-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: DenDulk/King Property. Neaotiatine Parties: John King and City of Morro Bay. Negotiations: Voluntary Purchase and Sale. 0 MINUTES - MORRO BAY CITY COUNCIL CLOSED SESSION - FEBRUARY 23, 1998 CS-3 GOVERNMENT CODE SECTION 54957.6; CONFERENCE WITH LABOR NEGOTIATOR. Conference with the City Manager, the City's Designated Representative, for the purpose of reviewing the City's position regarding salaries, salary schedules, or compensation paid in the form of fringe benefits, and giving instructions to the Designated Representative. The meeting adjourned to Closed Session at 5:00 p.m. and returned to regular session at 5:50 p.m. MOTION: Councilmember Elliott moved the meeting be adjourned. The motion was seconded by Councilmember Anderson and unanimously carried. (5-0) The meeting adjourned at 5:50 p.m. • 9 MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - FEBRUARY 23, 1998 VETERANS MEMORIAL HALL - 6:00 P.M. Mayor Novak called the meeting to order at 6:00 p.m PRESENT: Cathy Novak Mayor Rodger Anderson Councilmember Dave Elliott Councilmember William Peirce Councilmember Janice Peters Councilmember STAFF: David Cole City Manager David Hunt City Attorney Bridgett Bauer City Clerk Rick Algert Harbor Director Bill Boucher Public Works Director Jeff Jones Fire Chief Jim Koser Finance Director Joe Loven Police Chief Andrea Lueker Recreation & Parks Director • ESTABLISH QUORUM AND CALL TO ORDER PRAYER PLEDGE OF ALLEGIANCE THOUGHT FOR THE DAY MAYOR'S REPORTS & ANNOUNCEMENTS: Mayor Novak presented a Certificate of Appreciation to Chuck Rose for his services as President of the Neighborhood Watch Program in 1996 and 1997. Mayor Novak requested the City Council take the agenda out of order, to hear Item C-1 after the Public Comment Period; Council agreed. Mayor Novak requested the City Council approve by 4/5 vote to add Item D-4 (Resolution No. 19-98 in Support of AB 2544 - an act relating to Commercial Fishing, and declaring the urgency thereof, to take effect immediately) to the New Business portion of this agenda. MOTION: Councilmember Elliott moved the City Council add Item D-4 (Resolution No. 19-98 in Support of AB 2544 - an act relating to Commercial Fishing, and declaring the urgency thereof, to take effect immediately) to the New Business portion of this agenda. The motion • was seconded by Councilmember Peirce and carried unanimously. (5-0) 3 MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - FEBRUARY 23, 1998 CLOSED SESSION REPORT - None. PUBLIC COMMENT Lee Greenwalt stated the only way people will know the. reduced speed limit of 55 mph on Highway One through Morro Bay will be by word of mouth or by maintaining the speed limit. The following people expressed support for approval of Item C-1 (Resolution No. 14-98 approving Agreement with San Luis Coastal Unified School District to facilitate expansion and improvements of Morro Elementary School): Ben Kopple, (kindergartner at Morro Elementary), Ellyn and Cara Hustead and Jenna Garcia (students at Morro Elementary), and Connie Clasing (teacher) who read a letter from Herb Alloway (Principal of Mono Elementary). Lynda Merrill encouraged Council to examine alternatives before issues become a point • of litigation. She addressed Item A-3 (Expenditure Report) and asked why bottled water is being purchased by the City. Ms. Merrill also addressed Item D-1 (Presentation and Update by Consultant on Tri-W Project) and noted information should have been provided for public comment. Wally McCray requested the City Council consider, during budget reviews, the allocation of $2,000-$3,000 for trimming City trees. Steve Mathieu expressed apologies for the latest technical difficulties experienced on Channel 54; he noted they were caused by the recent power outages caused by the storms. Mayor Novak closed the public comment hearing. DECLARATION OF FUTURE AGENDA ITEMS - None. A. CONSENT CALENDAR Unless an item is pulled for separate action by the City Council, the following actions are approved without discussion. A-1 APPROVAL OF MINUTES FOR THE REGULAR CITY COUNCIL MEETING OF FEBRUARY 9, 1998; (BAUER) • RECOMMENDATION: Approve as submitted. MINUTES - MORRO BAY CITY COUNCIL • REGULAR MEETING - FEBRUARY 23, 1998 A-2 STATEMENT OF CASH AND INVESTMENTS - JANUARY 1998; (KOSER) RECOMMENDATION: Receive report for information. A-3 EXPENDITURE REPORT - JANUARY 1998; (KOSER) RECOMMENDATION: Approve as submitted. A-4 REVISION TO RESOLUTION NO. 16-98; (JONES) RECOMMENDATION: Review and approve revisions to Resolution No. 16-98. Mayor Novak noted corrections to the minutes of February 9, 1998, Page 5, have been made and distributed to Council for review and approval. MOTION: Councilmember Peters moved the City Council approve the Consent Calendar, (Item A-1 as amended). The motion was seconded by is Councilmember Peirce and carried unanimously. (5-0) B. PUBLIC HEARINGS REPORTS & APPEARANCES B-1 CONSIDERATION OF REQUEST BY SAN LUIS COASTAL UNIFIED SCHOOL DISTRICT FOR REDUCED COSTS OF WATER; (BOUCHER) Public Works Director Bill Boucher reviewed the School District's request for reduced water rates. He noted approval of this request would result in decreased Water Fund revenues in the amount of approximately $100,720 per fiscal year, based upon the current years usage to date; this revenue shortfall would necessitate a community -wide water rate increase of approximately 2.8% to mitigate. Mr. Boucher recommended the City Council deny the request of the San Luis Coastal Unified School District as being contrary to the financial benefit to the citizens of Morro Bay. Mayor Novak opened the hearing for public comment. Harry Rogers noted everybody should be treated equally, and the school should be charged the same as residents. Wally McCray stated water conservation at the school should be addressed. • Mayor Novak closed the public comment hearing. 5 MINUTES - MORRO BAY CITY COUNCIL • REGULAR MEETING - FEBRUARY 23, 1998 Discussion regarding school district properties require fire and city services which are part of the water bills, encouragement and implementation of water conservation measures to decrease water use; not appropriate to give special treatment to large users where such treatment will raise the rates of all other users MOTION: Councilmember Anderson moved the City Council deny the request of San Luis Coastal Unified School District for reduced water rates; and, direct staff to work with the school district on water conservation measures. The motion was seconded by Councilmember Peters and carried unanimously. (5-0) C. UNFINISHED BUSINESS C-1 RESOLUTION NO. 14-98 APPROVING AGREEMENT WITH SAN LUIS COASTAL UNIFIED SCHOOL DISTRICT TO FACILITATE EXPANSION AND IMPROVEMENTS OF MORRO ELEMENTARY SCHOOL; (BOUCHER) • Public Works Director Bill Boucher noted this item is being returned from the last City Council meeting of February 9, 1998, wherein the City Council requested staff to negotiate the child care program provision terms and other considerations of the proposed Agreement with the School District. Staff prepared and forwarded an amended Agreement to the District for review; while they generally agreed with the terms, the District stated their desire for the two issues (Napa Avenue vacation and the child care program) to be completely separated. Based on the District's request, staff has revised the proposed Agreement in an effort to separate the issues. The proposed Agreement makes no reference to the Napa vacation; this abandonment can be completed via a subsequent City Council resolution. The school district had no representative present at the meeting, and had not responded to staff s telephone calls regarding this matter. Mr. Boucher recommended the City Council adopt Resolution No. 14-98 approving the Agreement with the School District to 1) authorize extension of the existing child care program; and 2) commit to vacating portions of Napa Avenue right-of-way with conditions. n. MINUTES - MORRO BAY CITY COUNCIL 1• REGULAR MEETING - FEBRUARY 23, 1998 MOTION: Councilmember Elliott moved the City Council approve Resolution No. 14-98 approving an Agreement with San Luis Coastal Unified School District to Pursue Vacation of Portion of the Napa Avenue Right -of -Way to Facilitate Expansion and Improvements to Morro Elementary School. The motion was seconded by Councilmember Anderson and carried unanimously. (5-0) C-2 RESOLUTION APPROVING REQUEST TO TRANSFER CABLE FRANCHISE TO CHARTER COMMUNICATIONS; (BOUCHER) This item was pulled from the agenda. D. NEW BUSINESS D-1 PRESENTATION AND UPDATE BY CONSULTANT ON TRI-W PROJECT Marshall Ochylski, representative of Tri-W Enterprises, Inc., presented the City Council • with an update on the proposed concept for the Tri-W project changing it from a shopping center to a hotel and convention center. This was an informational item only; no action was taken. D-2 REPORT BY CHAMBER OF COMMERCE ON 4TH OF JULY FESTIVITIES Suedene Walker, Chamber of Commerce Director, presented the City Council with a report on the 4th of July festivities for 1998. Ms. Walker introduced Diane Thomas, Cal Poly student, who is involved in planning the festivities. Mayor Novak recommended placing information regarding the 4th of July festivities on upcoming water bills. This was an informational item only; no action was taken. Mayor Novak called for a break at 7:15 p.m.; the meeting resumed at 7:33 p.m. D-3 RESOLUTION NO. 17-98 ADOPTING MID -YEAR BUDGET ADJUSTMENTS; (KOSER) Finance Director Jim Koser reviewed the mid -year budget adjustments and recommended • amendment to the Fiscal Year 1997/98 Budget by adoption of Resolution No. 17-98. 7 • • • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - FEBRUARY 23, 1998 The City Council reviewed the proposed amendments and discussed with staff various budget items. Council agreed on the importance to allocate funding for improvements on Monterey Street. MOTION: Councilmember Elliott moved the City Council approve Resolution No. 17-98 amending the operating and capital improvement budgets and making supplemental appropriations for Fiscal Year 1997/98 for the City of Morro Bay. The motion was seconded by Councilmember Peirce and carried unanimously. (5-0) D-4 RESOLUTION NO. 19-98 IN SUPPORT OF ASSEMBLY BILL 2544 - AN ACT RELATING TO COMMERCIAL FISHING, AND DECLARING THE URGENCY THEROF, TO TAKE EFFECT IMMEDIATELY; (NOVAK) Mayor Novak presented and recommended adoption of Resolution No. 19-98 in support of Assembly Bill 2544 which relates to Commercial Fishing, and declaring the urgency thereof, to take effect immediately. MOTION: Mayor Novak moved the City Council adopt Resolution No. 19-98 in support of Assembly Bill 2544 - an act relating to Commercial Fishing, and declaring the urgency thereof, to take effect immediately. The motion was seconded by Councilmember Anderson and carried unanimously. (5-0) F. ADJOURNMENT - The meeting adjourned at 9:02 p.m. Recorded by: Bridgett Bauer City Clerk C. . 0 NOTICE OF SPECIAL MEETING NOTICE IS HEREBY GIVEN that the Morro Bay City Council will be holding a Special Meeting on Tuesday, February 17,1998 at 6:00 p.m. to be held at the Veterans Memorial Building, 209 Surf Street, Morro Bay, California. The City Council will be meeting with the various City Boards and Commissions to discuss and prioritize future goals and projects in the City of Morro Bay. • DATED: February 10, 1998 Bridgett B ier, City Clerk • W • • MINUTES OF THE ALL -BOARDS MEETING TUESDAY, FEBRUARY 17, 1998; 6:00 P.M. MORRO BAY VETERANS' MEMORIAL BUILDING MEMBERS PRESENT: CITY COUNCIL Cathy Novak Rodger Anderson Dave Elliott Bill Peirce Janice Peters RECREATION & PARKS COMMISSION Greg Wilson, Chairman Linda Donnelly Lynda Merrill Johnny Munoz Karen Robert David Smith Leabah Winter (absent) PUBLIC WORKS ADVISORY BOARD Meredith Bates, Chairman Thad Baxley Ric Deschler Mike Garcia John Lemons Bill Olson Ann Patton PLANNING COMMISSION John Barta, Chairman Steven Carnes Don Doubledee Wallace McCray April Ford (absent) HARBOR ADVISORY BOARD Donald Lockwood, Chairman Gene Doughty Jody Giannini Smith Held Mary Leizear Dean Tyler Jim Wood COMMUNITY PROMOTIONS Ed Biaggini, Chairman Nancy Barta Gary Gillman Nanci Smith Colleen Wheeler John Zaver Frank St. Denis (absent) Mayor Novak called the meeting to order at 6:03 p.m. • Special All -Board Meeting - February 17, 1998 Page Two Mayor Novak made the following announcements: • A Town Hall meeting is tentatively scheduled to be held in April; • A FEMA representative was in the community today to assess private property damage; private property owners having potential claims/damage should contact FEMA at (800)462-9029; • Mayor Novak expressed thanks for citizen letters supporting the Highway One speed limit reduction and the Yerba Buena traffic signal installation. PUBLIC COMMENT - There were no comments from the public. CITY ATTORNEY PRESENTATION City Attorney David Hunt and Assistant City Attorney Rob Schultz provided an informational update on the Brown Act, The Political Reform Act, and procedural due process. A questions and answer period followed. • Mayor Novak turned the floor over to the Board/Commission Chairs for introductions and presentations. BOARD/COMMISSION PRESENTATIONS Plannine Commission: Chairman Barta introduced the Commissioners; outlined accomplishments of last year; and presented goals for the upcoming year. Community Promotions Committee: Chairman Biaggini introduced the Committee Members; read the Committee Mission Statement; and announced the playing of a video tape at the first break. Individual Committee Members gave presentations on aspects of the Committee's scope of work. Mayor Novak called for a break at 7:39 p.m.; the meeting resumed at 7:55 p.m. Recreation & Parks Commission: Chairman Wilson introduced the Commissioners and staff members; recapped accomplishments of the Commission in 1997; and outlined goals for 1998. Harbor Advisory Board: Chairman Lockwood introduced Board Members and staff; and discussed 1997 results and objectives for 1998. . Public Works Advisory Board: Chairman Bates introduced Board Members and staff, and reported results in 1997 and major tasks for 1998. • Special All -Board Meeting - February 17, 1998 Page Three QUESTION AND ANSWER PERIOD FOR COUNCIL AND BOARDS A free -flowing discussion and question and answer period with major topics of inter- and intra-Board communication and cooperation, harbor -related matters (seafood processing, haul -out facility), advisory committee meeting times (Community Promotions Committee to meet at night as trial), need for follow-up meeting (consensus from Council for improved inter -communication). Mayor Novak thanked all members for their dedication. The meeting adjourned at 9:02 p.m. • 11 City of Morro Bay City Council Agenda Mission Statement The City of Mono Bay is dedicated to the preservation and enhancement of the quality of life. The City shall be committed to this purpose and will provide a level of municipal service and safety consistent with and responsive to the needs of the public. REGULAR MEETING - FEBRUARY 9,1998; 5:00 P.M. CLOSED SESSION - FEBRUARY 9,1998 CITY HALL CONFERENCE ROOM - 5:00 P.M. 595 HARBOR ST., MORRO BAY, CA CS-1 GOVERNMENT CODE SECTION 54957.6. CONFERENCE WITH LABOR NEGOTIATOR. Conference with the City Manager, the City's Designated Representative, for the purpose of reviewing the City's position regarding salaries, salary schedules, or compensation 'paid in the form of fringe benefits, and giving instructions to the Designated Representative regarding labor negotiations.. • CS-2 GOVERNMENT CODE SECTION 54956.9(B): CONFERENCE WITH COUNSEL DUE TO SIGNIFICANT EXPOSURE TO LITIGATION. Significant exposure to litigation exists based upon existing facts and the advice of legal counsel as to one (1) matter regarding the School District's claim the City owes it $75,000 as contribution for modified construction of the Del Mar School facility. PUBLIC SESSION - FEBRUARY 9,1998 VETERANS MEMORIAL HALL - 6:00 P.M. 209 SURF ST., MORRO BAY, CA ESTABLISH QUORUM AND CALL TO ORDER PRAYER PLEDGE OF ALLEGIANCE THOUGHT FOR THE DAY MAYOR AND COUNCILMEMBERS ANNOUNCEMENTS & PRESENTATIONS CLOSED SESSION REPORT PUBLIC COMMENT PERIOD - Members of the audience wishing to address the Council on City business matters (other than Public Hearing items under Section B) may do so at this time. • To increase the effectiveness of the Public Comment Period, the following rules shall be followed: • When recognized by the Mayor, please come forward to the podium and state your name and address for the record. Comments are to be limited to three minutes. • All remarks shall be addressed to Council, as a whole, and not to any individual member thereof. • No person shall be permitted to make slanderous, profane or personal remarks against any elected official, commission and/or staff. COUNCIL DECLARATION OF FUTURE AGENDA ITEMS A. CONSENT CALENDAR Unless an item is pulled for separate action by the City Council, the following actions are approved without discussion. A-1 APPROVAL OF MINUTES FOR THE REGULAR CITY COUNCIL MEETINGS OF JANUARY 12, 1998 AND JANUARY 26, 1998, AND THE • SPECIAL CITY COUNCIL MEETING OF JANUARY 22, 1998; (BAUER) RECOMMENDATION: Approve as submitted. A-2 APPROVAL OF CONTRACT WITH DAVID HOWELL FOR PAYMENT OF ACCRUED VACATION; (KOSER) - PULLED FROM THE AGENDA A-3 RESOLUTION NO. 13-98 CALLING A PUBLIC HEARING TO DETERMINE THE NECESSITY FOR THE FORMATION OF AN UNDERGROUND UTILITY DISTRICT NO. 6; (BOUCHER) RECOMMENDATION: Adopt Resolution No. 13-98 scheduling a public hearing regarding the formation of an underground utility district on Morro Bay Boulevard between Bernardo Avenue and Main Street. A-4 RESOLUTION NO. 15-98 APPROVING EXTENSION AGREEMENT WITH CHARTER COMMUNICATIONS; (BOUCHER) RECOMMENDATION: Adopt Resolution No. 15-98 approving an agreement to extend the 120-day time period through March 10,1998. u • B. PUBLIC HEARINGS REPORTS & APPEARANCES B-1 RESOLUTION NO. 03-98 ADOPTING GUIDELINES FOR THE SELECTION AND QUALIFICATIONS OF ADVISORY BOARD MEMBERS; (ADMIN) RECOMMENDATION: Adopt Resolution No. 03-98 approving the criteria for the selection and qualifications of Advisory Board Members and Commissioners. B-2 ORDINANCE NO. 467 ALLOWING FOR SECOND TIME EXTENSION OF INTERIM ORDINANCE NO. 457 PROHIBITING THE ESTABLISHMENT OF ADULT ENTERTAINMENT BUSINESSES; (NAUMAN) RECOMMENDATION: Approve Ordinance No. 467 extending the interim ordinance prohibiting the establishment of adult businesses in the City of Morro Bay. C. UNFINISHED BUSINESS C-I RESOLUTION NO. 14-98 APPROVING AGREEMENT WITH SAN LUIS COASTAL UNIFIED SCHOOL DISTRICT TO FACILITATE EXPANSION • AND IMPROVEMENTS OF MORRO ELEMENTARY SCHOOL; (BOUCHER) RECOMMENDATION: Adopt Resolution No. 14-98 approving the agreement with the school district to complete right-of-way vacation procedures for a portion of Napa Avenue to facilitate school improvements conditioned upon retention of the existing agreement regarding a child care program. 0 C-2 DISCUSSION OF STORM -RELATED DAMAGE IN THE CITY; (ADMIN) RECOMMENDATION: Receive report for information; direct staff accordingly. C-3 ORDINANCE NO. 465 REVISING SECTIONS 2.08.020 AND 2.08.025 (PLACING ITEMS ON THE AGENDA); SECTION 2.12.180 (CITY MANAGER HOURS OF EMPLOYMENT); SECTION 2.23.070 (PROBATIONARY PERIODS); SECTIONS 5.32.040 AND 5.32.210 (MOBILEHOME RENT CONTROL) OF THE MORRO BAY MUNICIPAL CODE - SECOND READING/ADOPTION; (ADMIN) RECOMMENDATION: Approve second reading and adoption of Ordinance No. 465. 3 • C-4 ORDINANCE NO. 466 REVISING MORRO BAY MUNICIPAL CODE SECTION 8.16 - SOLID WASTE MANAGEMENT - SECOND READING/ ADOPTION; (BOUCHER) RECOMMENDATION:: Approve second reading and adoption of Ordinance No. 466. D. NEW BUSINESS D-1 CONSIDERATION OF INCREASING ADVERTISING RATES FOR THE 1998 TROLLEY SEASON; (BOUCHER) RECOMMENDATION: Approve a S20/month increase in the advertising rates for the trolley. D-2 RESOLUTION APPROVING REQUEST TO TRANSFER CABLE FRANCHISE TO CHARTER COMMUNICATIONS; (BOUCHER) - PULLED FROM THE AGENDA 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 - FEBRUARY 9, 1998 CITY HALL CONFERENCE ROOM - 5:00 P.M. Mayor Novak called the meeting to order at 5:00 p.m. PRESENT: Cathy Novak Mayor Rodger Anderson Councilmember Dave Elliott Councilmember William Peirce Councilmember Janice Peters Councilmember STAFF: David Cole City Manager David Hunt City Attorney CLOSED SESSION MOTION: Councilmember Peters moved the meeting be adjourned to Closed Session. The motion was seconded by Councilmember Peirce and unanimously carried. (5-0) • Mayor Novak read the Closed Session statement. CS-1 GOVERNMENT CODE SECTION 54957.6. CONFERENCE WITH LABOR NEGOTIATOR. Conference with the City Manager, the City's Designated Representative, for the purpose of reviewing the City's position regarding salaries, salary schedules, or compensation paid in the form of fringe benefits, and giving instructions to the Designated Representative regarding labor negotiations.. CS-2 GOVERNMENT CODE SECTION 54956.9(B); CONFERENCE WITH COUNSEL DUE TO SIGNIFICANT EXPOSURE TO LITIGATION. Significant exposure to litigation exists based upon existing facts and the advice of legal counsel as to one (1) matter regarding the School District's claim the City owes it $75,000 as contribution for modified construction of the Del Mar School facility. The meeting adjourned to Closed Session at 5:00 p.m. and returned to regular session at 5:46 p.m. MOTION: Councilmember Anderson moved the meeting be adjourned. The motion was seconded by Councilmember Peirce and unanimously carried. (5-0) 0 The meeting adjourned at 5:46 p.m. • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - FEBRUARY 9, 1998 VETERANS MEMORIAL HALL - 6:00 P.M. Mayor Novak called the meeting to order at 6:00 p.m PRESENT: Cathy Novak Mayor Rodger Anderson Councilmember Dave Elliott Councilmember William Peirce Councilmember Janice Peters Councilmember STAFF: David Cole David Hunt Bridgett Bauer Rick Algert Bill Boucher Jeff Jones Jim Koser Joe Loven Andrea Lueker Shauna Nauman City Manager City Attorney City Clerk Harbor Director Public Works Director Fire Chief Finance Director Police Chief Recreation & Parks Director Acting Planning & Building Director ESTABLISH QUORUM AND CALL TO ORDER PRAYER PLEDGE OF ALLEGIANCE THOUGHT FOR THE DAY MAYOR'S REPORTS & ANNOUNCEMENTS CLOSED SESSION REPORT - None. Councilmember Elliott reviewed his position relating to Closed Session discussions on negotiations with regard to his wife being an employee of the City. Councilmember Elliott called the Fair Political Practices Commission who informed him the issues he is precluded to discuss are the hiring, firing, promoting or demoting of an employee. PUBLIC COMMENT The following people addressed Item C-1 (Resolution No. 14-98 Approving Agreement with San Luis Coastal Unified School District to Facilitate Expansion and Improvements of Morro Elementary School), and requested the City Council approve the abandonment of Napa Avenue in order to expedite the plans for the school expansion, and not tie this issue with any other school district issues in the City: Herb Alloway, Principal of Morro Elementary, Jean Hustead, President of Morro Elementary PTA, Lauren French, student, and Janet Gould. 01 • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - FEBRUARY 9, 1998 Harry Rogers requested the City Council consider agendizing progress reports on the water equivalency distribution and in -lieu parking fee programs. Jim Wood addressed the bureaucracy of CalTrans and the delay of the installation of the Yerba Buena/Highway One stoplight. He also addressed the lack of enforcement of traffic laws in the City, and the problems with the Alva Paul Creek. Barbara Playan addressed the reduction of the speed limit on Highway One recommending the removal of the 65 mph signs at both entrances to the City. Art Stansbury requested the City Council consider dropping the speed limit to 45 mph on Highway One through Morro Bay. Mayor Novak closed the public comment hearing. Mayor Novak recommended the City Council take the agenda out of order to hear Item C-1 next; Council concurred. • COUNCIL DECLARATION OF FUTURE AGENDA ITEMS - Councilmember Peters requested to agendize the discussion on the return of more detailed minutes. • A. CONSENT CALENDAR Unless an item is pulled for separate action by the City Council, the following actions are approved without discussion. A-1 APPROVAL OF MINUTES FOR THE REGULAR CITY COUNCIL MEETINGS OF JANUARY 12, 1998 AND JANUARY 26, 1998, AND THE SPECIAL CITY COUNCIL MEETING OF JANUARY 22, 1998; (BAUER) RECOMMENDATION: Approve as submitted. A-2 APPROVAL OF CONTRACT WITH DAVID HOWELL FOR PAYMENT OF ACCRUED VACATION; (KOSER) - PULLED FROM THE AGENDA ft3 • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - FEBRUARY 9, 1998 A-3 RESOLUTION NO. 13-98 CALLING A PUBLIC HEARING TO DETERMINE THE NECESSITY FOR THE FORMATION OF AN UNDERGROUND UTILITY DISTRICT NO. 6; (BOUCHER) RECOMMENDATION: Adopt Resolution No. 13-98 scheduling a public hearing regarding the formation of an underground utility district on Morro Bay Boulevard between Bernardo Avenue and Main Street. A-4 RESOLUTION NO. 15-98 APPROVING EXTENSION AGREEMENT WITH CHARTER COMMUNICATIONS; (BOUCHER) RECOMMENDATION: Adopt Resolution No. 15-98 approving an agreement to extend the 120-day time period through March 10, 1998. Mayor Novak noted corrections to the minutes of January 26, 1998 have been made and distributed to Council for review and approval. • MOTION: Councilmember Peters moved the City Council approve the Consent Calendar. The motion was seconded by Councilmember Peirce and carried unanimously. (5-0) Mayor Novak called for a break at 7:09 p.m.; the meeting resumed at 7:27 p.m. B. PUBLIC HEARINGS, REPORTS & APPEARANCES B-1 RESOLUTION NO. 03-98 ADOPTING GUIDELINES FOR THE SELECTION AND QUALIFICATIONS OF ADVISORY BOARD MEMBERS; (ADMIN) Mayor Novak requested the City Council discuss the guidelines for selection and qualifications of Commissioners and Advisory Board Members, and recommended adoption of Resolution No. 03-98 approving the criteria for the selection and qualifications of Advisory Board Members and Commissioners. Mayor Novak opened the hearing for public comment. John Barta, Chairman of the Planning Commission, stated the Planning Commission would be best served with 4-year terms with the amount of time needed in becoming familiar with City policies. • Bill Olson, Chairman of Public Works Advisory Board, also agreed the Public Works Advisory Board would be best served with 4-year terms. 4 • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - FEBRUARY 9, 1998 Ann Patton, Public Works Advisory Board Member, stated she is just now becoming familiar with issues after being on the board for one year. She reviewed policies of other cities relating to the residency issue. Jim Wood, Harbor Advisory Board Member, stated staggering terms work well. Harry Rogers stated he found in his experience in serving on various boards was staggering four year terms worked well. He also noted there are people outside the City who have businesses in Mono Bay who would benefit the advisory boards and commissions. Mayor Novak closed the public comment hearing. Councilmember Peters stated she cannot support four year terms. She stated two year terms would prevent the removal of Commissioners and/or Advisory Board Members upon the change in administration. • MOTION: Councilmember Anderson moved the City Council adopt Resolution No. 03-98 approving the criteria for the selection and qualifications of Advisory Board Members and Commissioners with an amendment to the Community Promotions Committee meeting time. The motion was seconded by Councilmember Peirce and carried with Councilmember Peters voting no. (4-1) MOTION: Mayor Novak moved the City Council direct staff to prepare Ordinance revisions to Chapter 2.24.040 (Recreation & Parks) and Chapter 15.48.040 (Harbor Advisory Board), and to establish Harbor Advisory Board and Recreation & Parks Commission with by-laws in the same format as the Public Works Advisory Board by resolution of the City Council. The motion was seconded by Councilmember Anderson and carried with Councilmember Peters voting no. (4-1) B-2 ORDINANCE NO. 467 ALLOWING FOR SECOND TIME EXTENSION OF INTERIM ORDINANCE NO. 457 PROHIBITING THE ESTABLISHMENT OF ADULT ENTERTAINMENT BUSINESSES; (NAUMAN) Mayor Novak introduced Ordinance No. 467 allowing for a second time extension of Interim Ordinance No. 457 which prohibits the establishment of adult entertainment • businesses in the City of Morro Bay. She recommended the City Council adopt Ordinance No. 467 which will extend the interim ordinance prohibiting the establishment of adult businesses in the City of Mono Bay. 5 • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - FEBRUARY 9, 1998 Mayor Novak opened the hearing for public comment ; there were no comments, and the public comment period was closed. MOTION: Councilmember Elliott moved the City Council adopt Ordinance No. 467 allowing for a second time extension of Interim Ordinance No. 457 which prohibits the establishment of adult entertainment businesses in the City of Morro Bay. The motion was seconded by Councilmember Peters and carried unanimously. (5-0) City Manager Dave Cole read Ordinance No. 467 by number and title only. C. UNFINISHED BUSINESS C-1 RESOLUTION NO. 14-98 APPROVING AGREEMENT WITH SAN LUIS COASTAL UNIFIED SCHOOL DISTRICT TO FACILITATE EXPANSION AND IMPROVEMENTS OF MORRO ELEMENTARY SCHOOL; (BOUCHER) • Public Works Director Bill Boucher reviewed the agreement with San Luis Coastal Unified School District to facilitate the expansion and improvements of Morro Elementary School. He recommended the City Council adopt Resolution No. 14-98 approving the agreement with the school district to complete right-of-way vacation procedures for a portion of Napa Avenue to facilitate school improvements conditioned upon retention of the existing agreement regarding a child care program. • Recreation & Parks Director Andrea Lueker reported on the City's "Partners" Program which provides before and after school daycare for elementary school children in the City. Mayor Novak suggested Council direct staff to negotiate with the school district regarding maintaining the Partners Program and other related issues, and return to Council at the February 23rd meeting. MOTION: Councilmember Peirce moved the City Council direct staff to negotiate with San Luis Coastal Unified School District relating to maintaining the Partners Program at Del Mar School and other related issues, and report back to City Council at the February 23`d meeting. The motion was seconded by Councilmember Elliott and carried unanimously. (5-0) 01 • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - FEBRUARY 9, 1998 C-2 DISCUSSION OF STORM -RELATED DAMAGE IN THE CITY; (ADMIN) City Manager Dave Cole reviewed damage and response costs created by the recent storms, and recommended the City Council adopt Resolution No. 16-98 declaring the existence of a local emergency. Public Works Director Bill Boucher, Fire Chief Jeff Jones and Police Chief Joe Loven reviewed specific incidents and staff response necessary due to the recent storms. Councilmember Peters expressed the importance of the removal of diseased trees in the City which are endangering structures. MOTION: Councilmember Peters moved the City Council allocate $30,000 to remove diseased trees and fill potholes in the City. The motion was seconded by Councilmember Peirce and failed with Councilmember Anderson, Councilmember Elliott, and Mayor Novak voting no. (2-3) Mayor Novak stated she supports the consideration of allocating funds for the removal of • diseased trees and to fill potholes in the City when the City Council reviews the upcoming fiscal budget. MOTION: Councilmember Peirce moved the City Council adopt Resolution No. 16-98 declaring the existence of a local emergency. The motion was seconded by Councilmember Elliott and carried unanimously. (5-0) Mayor Novak called for a break at 9:04 p.m.; the meeting resumed at 9:10 p.m. C-3 ORDINANCE NO. 465 REVISING SECTIONS 2.08.020 AND 2.08.025 (PLACING ITEMS ON THE AGENDA); SECTION 2.12.180 (CITY MANAGER HOURS OF EMPLOYMENT); SECTION 2.23.070 (PROBATIONARY PERIODS); SECTIONS 5.32.040 AND 5.32.210 (MOBILEHOME RENT CONTROL) OF THE MORRO BAY MUNICIPAL CODE - SECOND READING/ADOPTION; (ADMIN) Mayor Novak introduced and recommended the City Council approve the second reading and adoption of Ordinance No. 465. MOTION: Councilmember Peirce moved the City Council approve the second reading and adoption of Ordinance No. 465. The motion was seconded by • Councilmember Peters and carried unanimously. (5-0) City Manager Dave Cole read Ordinance No. 465 by title and number only. 7 • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - FEBRUARY 9, 1998 C-4 ORDINANCE NO. 466 REVISING MORRO BAY MUNICIPAL CODE SECTION 8.16 - SOLID WASTE MANAGEMENT - SECOND READING/ ADOPTION; (BOUCHER) Mayor Novak introduced and recommended the City Council approve the second reading and adoption of Ordinance No. 466. MOTION: Councilmember Anderson moved the City Council approve the second reading and adoption of Ordinance No. 466. The motion was seconded by Councilmember Peters and carried unanimously. (5-0) City Manager Dave Cole read Ordinance No. 466 by title and number only. D. NEW BUSINESS • D-1 CONSIDERATION OF INCREASING ADVERTISING RATES FOR THE 1998 TROLLEY SEASON; (BOUCHER) Administrative Assistant Janeen Burlingame reviewed the financial summary of the trolley for the 1997/98 fiscal year. She noted since the trolley began in 1994, major sponsorships have decreased at a rapid pace. Ms. Burlingame stated garnering sponsorships for the 1998 season will be more difficult than it has in past years. She recommended the City Council consider increasing advertising rates for the trolley and approve a $20 per month across the board increase in the advertising rates for the trolley. Mayor Novak noted Chevron has committed to a $1,000 sponsorship to help fund the trolley for the 1998 season. Councilmember Peirce suggested charging a $1 per day fee for unlimited trolley rides. Councilmember Peters recommended increasing the rates $10-$15 per month in order to make it affordable. MOTION: Councilmember Anderson moved the City Council approve a $10 per month increase for trolley advertising for all categories, excluding the interior advertisements. The motion was seconded by Councilmember • Peters and carried unanimously. (5-0) 3 • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - FEBRUARY 9, 1998 D-2 RESOLUTION APPROVING REQUEST TO TRANSFER CABLE FRANCHISE TO CHARTER COMMUNICATIONS; (BOUCHER) This item was pulled from the agenda. F. ADJOURNMENT - The meeting adjourned at 9:40 p.m. Recorded by: Bridgett Bauer City Clerk • is 0 City of Morro Bay City Council Agenda Mission Statement The City of Mono Bay is dedicated to the preservation and enhancement of the quality of life. The City shall be committed to this purpose and will provide a Level of municipal service and safety consistent with and responsive to the needs of the public. REGULAR MEETING - JANUARY 26, 1998; 6:00 P.M. VETERANS MEMORIAL HALL 209 SURF ST., MORRO BAY, CA ESTABLISH QUORUM AND CALL TO ORDER PRAYER PLEDGE OF ALLEGIANCE THOUGHT FOR THE DAY MAYOR AND COUNCILMEMBERS ANNOUNCEMENTS & PRESENTATIONS CLOSED SESSION REPORT PUBLIC COMMENT PERIOD - Members of the audience wishing to address the • Council on City business matters (other than Public Hearing items under Section B) may do so at this time. To increase the effectiveness of the Public Comment Period, the following rules shall be followed: • When recognized by the Mayor, please come forward to the podium and state your name and address for the record. Comments are to be limited to three minutes. • All remarks shall be addressed to Council, as a whole, and not to any individual member thereof. • No person shall be permitted to make slanderous, profane or personal remarks against any elected official, commission and/or staff. COUNCIL DECLARATION OF FUTURE AGENDA ITEMS A. CONSENT CALENDAR Unless an item is pulled for separate action by the City Council, the following actions are approved without discussion. A-1 APPROVAL OF MINUTES FOR THE REGULAR CITY COUNCIL MEETING • OF JANUARY 12, 1998; (BAUER) RECOMMENDATION: Approve as submitted. • A-2 STATEMENT OF CASH AND INVESTMENTS - DECEMBER 1997; (KOSER) RECOMMENDATION: Receive for information. A-3 EXPENDITURE REPORT - DECEMBER 1997; (KOSER) RECOMMENDATION: Approve as submitted. A-4 APPROVAL OF CONTRACT WITH DAVID HOWELL FOR PAYMENT OF ACCRUED VACATION; (KOSER) - THIS ITEM HAS BEEN PULLED FROM THE AGENDA. A-5 RESOLUTION NO. 03-98 ADOPTING GUIDELINES FOR THE SELECTION AND QUALIFICATIONS OF ADVISORY BOARD MEMBERS; (ADMIN) RECOMMENDATION: Approve Resolution No. 03-98. A-6 AUTHORIZATION FOR MAYOR TO ATTEND CALIFORNIA MARINE AFFAIRS AND NAVIGATION CONFERENCE (C-MANC) MEETING IN WASHINGTON, D.C.; (ALGERT) • RECOMMENDATION: Approve travel expenses from Harbor Department funds for Mayor Novak to attend C-MANC's Washington Week meetings. A-7 RESOLUTION NO. 04-98 APPROVING VIDEO PRODUCTION AND NUTMEG INSERTION POINT MANAGEMENT SERVICES AGREEMENT WITH AGP VIDEO; (BOUCHER) RECOMMENDATION: Adopt Resolution No. 04-98. A-8 RESOLUTION NO. 10-98 APPROVING ACCEPTANCE OF PUBLIC IMPROVEMENTS AND -OFFERS OF DEDICATION FOR TRACT 1996 - CLOISTERS; (BOUCHER) RECOMMENDATION: Adopt Resolution No. 10-98. A-9 RESOLUTION NO. 09-98 APPROVING TWO-HOUR PARKING LIMITATION ON MORRO BAY BOULEVARD AND MAIN STREET TO MARKET AVENUE; (BOUCHER) RECOMMENDATION: Adopt Resolution No. 09-98. 2 A-10 STATUS REPORT ON 1997 TROLLEY SEASON PERFORMANCE; • (BOUCHER) RECOMMENDATION: Receive report for information. A-11 PROCLAMATION DECLARING FEBRUARY 1998 AS "PREVENT A LITTER MONTH" AND FEBRUARY 24, 1998 AS "SPAY DAY USA"; (ADMIN) RECOMMENDATION: Adopt proclamation. A-12 RELEASE OF WRITTEN REPORT DESCRIBING THE MEASURES TAKEN TO ALLEVIATE THE CONDITIONS THAT LED TO THE ADOPTION OF INTERIM ORDINANCE NO. 457 PROHIBITING THE ESTABLISHMENT OF ADULT ENTERTAINMENT BUSINESSES, AS REQUIRED BY GOVERNMENT CODE SECTION 65858(D) AT LEAST TEN DAYS PRIOR TO APPROVAL OF AN ADDITIONAL TIME EXTENSION; (NAUMAN) RECOMMENDATION: Direct staff to issue written report in accordance with Government Code Section 65858(d) prior to considering any time extension for Interim Ordinance No. 457. • B. PUBLIC HEARINGS. REPORTS & APPEARANCES B-1 CONSIDERATION OF 1997 ANNUAL WATER REPORT AND 1998 ANNUAL ALLOCATION RECOMMENDATIONS; (NAUMAN) RECOMMENDATION: Adopt Resolution No. 08-98 determining and declaring that a Normal Water Supply condition exists, and adopt Resolution No. 11-98 approving the Annual Report for the 1998 Calendar Year Allocation. B-2 ORDINANCE NO. 465 REVISING SECTIONS 2.08.020 AND 2.08.025 - (PLACING ITEMS ON THE AGENDA); SECTION 2.12.180 (CITY MANAGER HOURS OF EMPLOYMENT); SECTION 2.23.070 (PROBATIONARY PERIODS); SECTIONS 5.32.040 AND 5.32.210 (MOBILEHOME RENT CONTROL) OF THE MORRO BAY MUNICIPAL CODE - FIRST READING/INTRODUCTION; (ADMIN) RECOMMENDATION: Approve first reading/introduction of Ordinance No. 465. B-3 ORDINANCE NO. 466 REVISING MORRO BAY MUNICIPAL CODE SECTION 8.16 (SOLID WASTE MANAGEMENT) - FIRST READING/ INTRODUCTION; (BOUCHER) • RECOMMENDATION: Approve first reading/introduction of Ordinance No. 466. 3 C. UNFINISHED BUSINESS - NONE. D. NEW BUSINESS D-1 SELECTION OF VOTING DELEGATE FOR LEAGUE OF CALIFORNIA CITIES - CHANNEL COUNTIES DIVISION MEETING; (ADMIN) RECOMMENDATION: Select voting delegate to represent the City of Morro Bay. E. ADJOURNMENT THIS AGENDA IS SUBJECT TO AMENDMENT UP TO 72 HOURS PRIOR TO THE DATE AND TIME SET FOR THE MEETING. PLEASE • REFER TO THE AGENDA POSTED AT CITY HALL FOR ANY REVISIONS OR CALL THE CLERK'S OFFICE AT 772-6200 FOR FURTHER INFORMATION. COPIES OF STAFF REPORTS OR OTHER PUBLIC DOCUMENTATION RELATING TO EACH ITEM OF BUSINESS REFERRED TO ON THIS AGENDA ARE ON FILE IN THE OFFICE OF THE CITY CLERK AND AVAILABLE FOR PUBLIC INSPECTION AND REPRODUCTION AT COST AT CITY HALL, LIBRARY, AND MILLS STATIONERY. IN COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT, IF YOU NEED SPECIAL ASSISTANCE TO PARTICIPATE IN A CITY MEETING, PLEASE CONTACT THE CITY CLERK'S OFFICE AT LEAST 24 HOURS PRIOR TO THE MEETING TO INSURE THAT REASONABLE ARRANGEMENTS CAN BE MADE TO PROVIDE ACCESSIBILITY TO THE MEETING. • 13 MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - JANUARY 26, 1998 VETERANS MEMORIAL HALL - 6:00 P.M. Mayor Novak called the meeting to order at 6:00 p.m PRESENT: Cathy Novak Mayor Rodger Anderson Councilmember Dave Elliott Councilmember William Peirce Councilmember Janice Peters Councilmember STAFF: David Cole David Hunt Bridgett Bauer Rick Algert Bill Boucher Jeff Jones Jim Koser Andrea Lueker Shauna Nauman City Manager City Attorney City Clerk Harbor Director Public Works Director Fire Chief Finance Director Recreation & Parks Director Acting Planning & Building Director • ESTABLISH QUORUM AND CALL TO ORDER PRAYER PLEDGE OF ALLEGIANCE THOUGHT FOR THE DAY MAYOR'S REPORTS & ANNOUNCEMENTS CLOSED SESSION REPORT - None. Mayor Novak requested Council support to add an urgency item to this agenda under Unfinished Business to discuss the Modular Building Project. MOTION: Councilmember Anderson moved the City Council add Urgency Item C-1 to Unfinished Business on this agenda to discuss the Modular Building Project. The motion was seconded by Councilmember Elliott and carried unanimously. (5-0) Mayor Novak requested Council support to pull Item A -I I from the Consent Calendar in order to make a presentation; Council concurred. MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - JANUARY 26, 1998 A-11 PROCLAMATION DECLARING FEBRUARY 1998 AS "PREVENT A LITTER MONTH" AND FEBRUARY 24, 1998 AS "SPAY DAY USA" MOTION: Councilmember Elliott moved the City Council adopt the Proclamation declaring February 1998 as "Prevent a Litter Month", and February 24, 1998 as "Spay Day USA". The motion was seconded by Councilmember Peters and carried unanimously. (5-0) Mayor Novak presented the Proclamation to Diana Duncan, founder of the Homeless Animal Rescue Team. PUBLIC COMMENT Chuck Meissner expressed support for the proposed Scenic Highway designation for Highway One. Ned Rogoway addressed a zoning violation that is occurring on property on the • Embarcadero and requested Council take action. Warren Dom asked Council why the Scenic Highway designation was not on tonight's agenda. Mary Phillips expressed opposition to being charged for 3 units of water even when she does not use that amount. John Barta, Planning Commissioner, addressed Item A-5 (Resolution No. 03-98 Adopting Guidelines for the Selection and Qualifications of Advisory Board Members), and expressed concern with the proposed two year terms. He noted it takes approximately one year for a Commissioner to learn the process which leaves little time to continue. Bill Olson, Public Works Advisory Board Chairman, addressed Item A-5, also expressing concern with two year term limits. Ann Patton addressed Item A-5 suggesting non citizens be appointed with a non -voting status; she noted decisions should be made by citizens. She also opposes the proposed two year term limits. Wally McCray endorsed the City's Adopt -A -Tree Program, and requested donations be • made to Mid -State Bank. 04 • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - JANUARY 26, 1998 Neil Farrell gave an update on the People's Pocket Park. Mayor Novak closed the public comment hearing. DECLARATION OF FUTURE AGENDA ITEMS - None. A. CONSENT CALENDAR Unless an item is pulled for separate action by the City Council, the following actions are approved without discussion. A-1 APPROVAL OF MINUTES FOR THE REGULAR CITY COUNCIL MEETING OF JANUARY 12, 1998; (BAUER) RECOMMENDATION: Approve as submitted. A-2 STATEMENT OF CASH AND INVESTMENTS - DECEMBER 1997; (KOSER) • RECOMMENDATION: Receive for information. A-3 EXPENDITURE REPORT - DECEMBER 1997; (KOSER) RECOMMENDATION: Approve as submitted. A-4 APPROVAL OF CONTRACT WITH DAVID HOWELL FOR PAYMENT OF ACCRUED VACATION; (KOSER) This item was pulled from the agenda. A-5 RESOLUTION NO. 03-98 ADOPTING GUIDELINES FOR THE SELECTION AND QUALIFICATIONS OF ADVISORY BOARD MEMBERS; (ADMIN) RECOMMENDATION: Approve Resolution No. 03-98. A-6 AUTHORIZATION FOR MAYOR TO ATTEND CALIFORNIA MARINE AFFAIRS AND NAVIGATION CONFERENCE (C-MANC) MEETING IN WASHINGTON, D.C.; (ALGERT) RECOMMENDATION: Approve travel expenses from Harbor Department funds for Mayor Novak to attend C-MANC's Washington Week meetings. 3 MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - JANUARY 26, 1998 A-7 RESOLUTION NO. 04-98 APPROVING VIDEO PRODUCTION AND NUTMEG INSERTION POINT MANAGEMENT SERVICES AGREEMENT WITH AGP VIDEO; (BOUCHER) RECOMMENDATION: Adopt Resolution No. 04-98. A-8 RESOLUTION NO. 10-98 APPROVING ACCEPTANCE OF PUBLIC IMPROVEMENTS AND OFFERS OF DEDICATION FOR TRACT 1996 - CLOISTERS; (BOUCHER) RECOMMENDATION: Adopt Resolution No. 10-98. A-9 RESOLUTION NO. 09-98 APPROVING TWO-HOUR PARKING LIMITATION ON MORRO BAY BOULEVARD AND MAIN STREET TO MARKET AVENUE; (BOUCHER) RECOMMENDATION: Adopt Resolution No. 09-98. • A-10 STATUS REPORT ON 1997 TROLLEY SEASON PERFORMANCE; (BOUCHER) • RECOMMENDATION: Receive report for information. A-11 PROCLAMATION DECLARING FEBRUARY 1998 AS "PREVENT A LITTER MONTH" AND FEBRUARY 24, 1998 AS "SPAY DAY USA"; (ADMIN) RECOMMENDATION: Adopt proclamation. A-12 RELEASE OF WRITTEN REPORT DESCRIBING THE MEASURES TAKEN TO ALLEVIATE THE CONDITIONS THAT LED TO THE ADOPTION OF INTERIM ORDINANCE NO. 457 PROHIBITING THE ESTABLISHMENT OF ADULT ENTERTAINMENT BUSINESSES, AS REQUIRED BY GOVERNMENT CODE SECTION 65858(D) AT LEAST TEN DAYS PRIOR TO APPROVAL OF AN ADDITIONAL TIME EXTENSION; (NAUMAN) RECOMMENDATION: Direct staff to issue written report in accordance with Government Code Section 65858(d) prior to considering any time extension for Interim Ordinance No. 457. 0 • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - JANUARY 26, 1998 Councilmember Peters pulled Items A-1 and A-9 from the Consent Calendar; Councilmember Anderson pulled Items A-5, A-6, A-8 and A-12; Councilmember Elliott pulled Item A-7; and Councilmember Peirce pulled Item A-10. MOTION: Councilmember Elliott moved the City Council approve Items A-2 and A-3 of the Consent Calendar. The motion was seconded by Councilmember Peirce and carried unanimously. (5-0) A-1 APPROVAL OF MINUTES FOR THE REGULAR CITY COUNCIL MEETING OF JANUARY 12, 1998; (BAUER) Councilmember Peters requested her comments be added to Item A-15 on page 7; Councilmember Elliott requested his opposition on Item D-4 on page 8 be included. Council requested the amended minutes return to Council for approval on February 9, 1998. A-5 RESOLUTION NO. 03-98 ADOPTING GUIDELINES FOR THE SELECTION AND QUALIFICATIONS OF ADVISORY BOARD MEMBERS; (ADMIN) • Councilmember Anderson stated he has been approached by several citizens with concern of the amended guidelines, particularly the length of terms. Council agreed further discussion is necessary to discuss terms as well as the residency issue. • Mayor Novak recommended Council reagendize this item as a public hearing on February 9, 1998; Council concurred. A-6 AUTHORIZATION FOR MAYOR TO ATTEND CALIFORNIA MARINE AFFAIRS AND NAVIGATION CONFERENCE (C-MANC) MEETING IN WASHINGTON, D.C.; (ALGERT) Councilmember Anderson addressed the condition of Morro Bay's harbor entrance and the need for representation at the C-MANC Meeting in Washington, D.C. MOTION: Councilmember Anderson moved the City Council authorize funding through Harbor Department funds for travel expenses for Mayor Novak to attend C-MANC's Washington Week meetings. The motion was seconded by Councilmember Peirce and carried unanimously. (5-0) 5 • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - JANUARY 26, 1998 A-7 RESOLUTION NO. 04-98 APPROVING VIDEO PRODUCTION AND NUTMEG INSERTION POINT MANAGEMENT SERVICES AGREEMENT WITH AGP VIDEO; (BOUCHER) Councilmember Elliott stated he has reconsidered his position in pulling this item, and has no need for further discussion. MOTION: Councilmember Elliott moved the City Council adopt Resolution No. 04-98 approving Video Production and Nutmeg Insertion Point Management Services Agreement with AGP Video. The motion was seconded by Councilmember Peters and carried unanimously. (5-0) A-8 RESOLUTION NO. 10-98 APPROVING ACCEPTANCE OF PUBLIC IMPROVEMENTS AND OFFERS OF DEDICATION FOR TRACT 1996 - CLOISTERS; (BOUCHER) Councilmember Anderson requested clarification on the maintenance of this project. • Recreation & Parks Director Andrea Lueker responded all maintenance requirements will have been met (such as irrigation), before the City takes over maintenance of this property. n U MOTION: Councilmember Anderson moved the City Council adopt Resolution No. 10-98 approving the Acceptance of Public Improvements and Offers of Dedication for Tract 1996 - Cloisters. The motion was seconded by Councilmember Elliott and carried unanimously. (5-0) A-9 RESOLUTION NO. 09-98 APPROVING TWO-HOUR PARKING LIMITATION ON MORRO BAY BOULEVARD AND MAIN STREET TO MARKET AVENUE; (BOUCHER) Councilmember Peters asked if the two-hour parking limit will be enforced on both sides of the street on Morro Bay Boulevard between Main Street and Market Avenue during construction, or will it be phased in? Public Works Director Bill Boucher responded the parking restriction will be phased in during construction, with the intent of two-hour parking limitations on both sides of the street after construction of the sidewalk is complete. G9 • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - JANUARY 26, 1998 MOTION: Councilmember Peters moved the City Council adopt Resolution No. 09-98 approving two-hour parking limitation on Morro Bay Boulevard and Main Street to Market Avenue. The motion was seconded by Councilmember Elliott and carried unanimously. (5-0) A-10 STATUS REPORT ON 1997 TROLLEY SEASON PERFORMANCE; (BOUCHER) Councilmember Peirce requested clarification on the fiscal impact of the trolley. Administrative Assistant Janeen Burlingame noted during the 1997 fiscal season the trolley has brought in more revenue than expended. MOTION: Councilmember Peirce moved the City Council accept the 1997 Trolley Season Performance Report as submitted. The motion was seconded by Councilmember Anderson and carried unanimously. (5-0) • A-12 RELEASE OF WRITTEN REPORT DESCRIBING THE MEASURES TAKEN TO ALLEVIATE THE CONDITIONS THAT LED TO THE ADOPTION OF INTERIM ORDINANCE NO. 457 PROHIBITING THE ESTABLISHMENT OF ADULT ENTERTAINMENT BUSINESSES, AS REQUIRED BY GOVERNMENT CODE SECTION 65858(D) AT LEAST TEN DAYS PRIOR TO APPROVAL OF AN ADDITIONAL TIME EXTENSION; (NAUMAN) • Councilmember Anderson asked if this extension allows further protection prohibiting the establishment of adult entertainment businesses. Acting Planning and Building Director Shauna Nauman responded affirmative. MOTION: Councilmember Anderson moved the City Council direct staff to issue a written report in accordance with Government Code Section 65858(d) prior to considering any time extension for Interim Ordinance No. 457. The motion was seconded by Councilmember Elliott and carried unanimously. (5-0) 7 • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - JANUARY 26, 1998 B. PUBLIC HEARINGS REPORTS & APPEARANCES B-I CONSIDERATION OF 1997 ANNUAL WATER REPORT AND 1998 ANNUAL ALLOCATION RECOMMENDATIONS; (NAUMAN) Acting Planning & Building Director Shauna Nauman reviewed the 1997 Annual Water Report, and recommendations made by the Planning Commission and Public Works Advisory Board for the 1998 Annual Allocations. Ms. Nauman recommended the City Council adopt Resolution No. 08-98 determining and declaring that a normal water supply condition exists, and adopt Resolution No. 11-98 approving the Annual Report for the 1998 Calendar Year Allocation. Mayor Novak opened the hearing for public comment. Mary Phillips addressed the unfairness of how the City charges for the amount of water which is not used. IS Bill Olson addressed water usage per capita and how reasonable Morro Bay's rates are. John Barta stated Measure F was a poor way to limit growth. He also noted how great it is that the City weathered the water shortage as well as it did. Mayor Novak closed the public comment hearing. MOTION: Councilmember Elliott moved the City Council approve Resolution No. 08-98 determining and declaring that a normal water supply condition exists. The motion was seconded by Councilmember Peirce and carried unanimously. (5-0) MOTION: Councilmember Elliott moved the City Council adopt Resolution No. 11-98 approving the Annual Report for the 1998 Calendar Year Allocation. The motion was seconded by Councilmember Anderson and carried unanimously. (5-0) Mayor Novak called for a break at 7:43 p.m.; the meeting resumed at 7:55 p.m. E N • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - JANUARY 26, 1998 B-2 ORDINANCE NO. 465 REVISING SECTIONS 2.08.020 AND 2.08,025 - (PLACING ITEMS ON THE AGENDA); SECTION 2.12.180 (CITY MANAGER HOURS OF EMPLOYMENT); SECTION 2.23.070 (PROBATIONARY PERIODS); SECTIONS 5.32.040 AND 5.32.210 (MOBILEHOME RENT CONTROL) OF THE MORRO BAY MUNICIPAL CODE - FIRST READING/INTRODUCTION; (ADMIN) Mayor Novak introduced Ordinance No. 465 revising Sections 2.08.020 and 2.08.025 - (Placing Items on the Agenda); Section 2.12.180 (City Manager Hours of Employment); Section 2.23.070 (Probationary Periods); Sections 5.32.040 and 5.32.210 (Mobilehome Rent Control) of the Morro Bay Municipal Code, and recommended its approval by first reading and introduction by title and number only. Mayor Novak opened the hearing for public comment. Ray McKelligott addressed Section 5.32.040 noting the Ordinance states a Rent Review Board should be appointed. He also addressed Section 5.32.210 stating an annual report • is necessary. Chris Bates stated existing or future federal grants require affordable housing perhaps in mobilehome parks. Mayor Novak closed the public comment hearing. MOTION: Councilmember Peirce moved the City Council approve Ordinance No. 465 revising Sections 2.08.020 and 2.08.025 - (Placing Items on the Agenda); Section 2.12.180 (City Manager Hours of Employment); Section 2.23.070 (Probationary Periods); Sections 5.32.040 and 5.32.210 (Mobilehome Rent Control) of the Morro Bay Municipal Code for first reading and introduction. The motion was seconded by Councilmember Elliott and carried unanimously. (5-0) City Manager Dave Cole read Ordinance No. 465 by title and number only. B-3 ORDINANCE NO. 466 REVISING MORRO BAY MUNICIPAL CODE SECTION 8.16 (SOLID WASTE MANAGEMENT) - FIRST READING/ INTRODUCTION; (BOUCHER) Administrative Assistant Janeen Burlingame introduced Ordinance No. 466 revising • Morro Bay Municipal Code Section 8.16 - Solid Waste Management, and recommended its approval by first reading and introduction by title and number only. 01 • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - JANUARY 26, 1998 Mayor Novak opened the hearing for public comment; there were no comments and the public hearing was closed. MOTION: Councilmember Peirce moved the City Council approve Ordinance No. 466 revising Morro Bay Municipal Code Section 8.16 - Solid Waste Management for first reading and introduction. The motion was seconded by Councilmember Peters and carried unanimously. (5-0) City Manager Dave Cole read Ordinance No. 466 by title and number only. C. UNFINISHED BUSINESS C-1 DISCUSSION ON MODULAR BUILDING PROJECT City Manager Dave Cole reviewed the progress of the modular building project to place modular units for use as City facilities, and noted the cost of this project is found to be higher than earlier estimated. Mr. Cole requested Council direction on this issue. • MOTION: Mayor Novak moved the City Council direct staff to inform the appropriate person who handles surplus property that the City is not interested in the modular units; and also direct staff to continue working on a solution to combine the Planning/Building and Public Works Departments. The motion was seconded by Councilmember Elliott and carried unanimously. (5-0) U D. NEW BUSINESS D-1 SELECTION OF VOTING DELEGATE FOR LEAGUE OF CALIFORNIA CITIES - CHANNEL COUNTIES DIVISION MEETING; (ADM N) Mayor Novak requested the City Council select a voting delegate to represent the City of Morro Bay at the League of California Cities - Channel Counties Division Meeting on January 30, 1998. MOTION: Councilmember Elliott moved the City Council appoint Mayor Novak to represent the City of Morro Bay as voting delegate at the League of California Cities - Channel Counties Division Meeting. The motion was seconded by Councilmember Peirce and carried unanimously. (5-0) 10 • • • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - JANUARY 26, 1998 F. ADJOURNMENT The meeting adjourned at 8:35 p.m. Recorded by: Bridgett Bauer City Clerk 11 NOTICE OF SPECIAL MEETING NOTICE IS HEREBY GIVEN that the Morro Bay City Council will be holding a Special Meeting on Thursday, January 22, 1998 at 6:00 p.m. to be held at the City Hall Conference Room, 595 Harbor Street, Morro Bay, California. The City Council will be conducting interviews of candidates to fill vacancies on various City Advisory Boards. DATED: January 8, 1998 0 "'*�B Bridgett Baorr, City Clerk n U • MINUTES - MORRO BAY CITY COUNCIL SPECIAL MEETING - JANUARY 22, 1998 CITY HALL CONFERENCE ROOM - 6:00 P.M. u Mayor Novak called the meeting to order at 6:06 p.m. ABSENT: 6*1 11a = Cathy Novak Rodger Anderson Dave Elliott William Peirce Janice Peters None Dave Cole Mayor Councilmember Councilmember Councilmember Councilmember City Manager The City Council conducted a public meeting in order to interview applicants to fill vacancies on the various City advisory boards and commissions. The interviews took place between 6:06 p.m. - 8:32 p.m.; Council then discussed appointments based on the interviews, and made the following appointments: RECREATION & PARKS COMMISSION David Smith Greg Wilson HARBOR ADVISORY BOARD Gene Doughty Mary Leizear COMMUNITY PROMOTIONS COMMITTEE Gary Gillman (Member -at -Large) Nanci Smith (Merchants Association) Colleen Wheeler (Chamber of Commerce) Note: With the approval of the City Attorney, the designation of John Zaver was changed from Merchant's Association representative to Member -at -Large. The meeting adjourned at 9:24 p.m. • NOTICE OF SPECIAL MEETING NOTICE IS HEREBY GIVEN that the Morro Bay City Council will be holding a Special Meeting on Tuesday, January 20, 1998 at 7:00 p.m. to be held at the City Hall Conference Room, 595 Harbor Street, Morro Bay, California. The City Council will adjourn to Closed Session to discuss Government Code Section 54957.6; Conference with Labor Negotiator. Conference with the City Manager, the City's Designated Representative, for the purpose of reviewing the City's position regarding salaries, salary schedules, or compensation paid in the form of fringe benefits, and giving instructions to the Designated Representative. DATED: January 14, 1998 Aµltti/ Bridgett BEOer, City Clerk City of Morro Bay �S City Council Agenda Mission Statement The City of Mono Bay is dedicated to the preservation and enhancement of the quality of life. The City shall be committed to this purpose and will provide 4vel of municipal service and safety consistent with and responsive to the needs of the public. REGULAR MEETING - JANUARY 12, 1998; 5:00 P.M. CLOSED SESSION - JANUARY 12, 1998 CITY HALL CONFERENCE ROOM - 5:00 P.M. 595 HARBOR ST., MORRO BAY, CA CS-1 GOVERNMENT CODE SECTION 54956.9(A). CONFERENCE WITH LEGAL COUNSEL REGARDING PENDING LITIGATION • Status Report on AQ Pending Litigation. This is a report on status and no action may be taken on any matter not specifically listed. Council may request a specific matter be agendized in the future for action. • CS-2 GOVERNMENT CODE SECTION 54956.8, REAL PROPERTY TRANSACTIONS. Instructing City's real property negotiator regarding the price and terms of payment for the purchase, sale, exchange, or lease of real property as to 4 parcels. A. Property: DenDulk/King Property. Negotiating Parties: John King and City of Morro Bay. Negotiations: Voluntary Purchase and Sale. B. Property: Morro Wells, Lila Keiser Park, and Fisherman's Storage Shed. Negotiating Parties: PG&E and City of Morro Bay. Negotiations: Renegotiation of current agreements due to PG&E sale of plant property to Duke Power. CS- 3 GOVERNMENT CODE SECTION 54957.6; CONFERENCE WITH LABOR NEGOTIATOR. Conference with the City Manager, the City's Designated Representative, for the purpose of reviewing the City's position regarding salaries, salary schedules, or compensation paid in the form of fringe benefits, and giving instructions to the Designated Representative. It is noted that the contents of closed session meetings are confidential and exempt from disclosure. • PUBLIC SESSION - JANUARY 12, 1998 VETERANS MEMORIAL HALL - 6:00 P.M. 209 SURF ST., MORRO BAY, CA ESTABLISH QUORUM AND CALL TO ORDER PRAYER PLEDGE OF ALLEGIANCE THOUGHT FOR THE DAY MAYOR AND COUNCILMEMBERS ANNOUNCEMENTS & PRESENTATIONS CLOSED SESSION REPORT PUBLIC COMMENT PERIOD - Members of the audience wishing to address the Council on City business matters (other than Public Hearing items under Section B) may do so at this time. To increase the effectiveness of the Public Comment Period, the following rules shall be followed: • When recognized by the Mayor, please come forward to the podium and state • your name and address for the record. Comments are to be limited to three minutes. • All remarks shall be addressed to Council, as a whole, and not to any individual member thereof. • No person shall be permitted to make slanderous, profane or personal remarks against any elected official, commission and/or staff. COUNCIL DECLARATION OF FUTURE AGENDA ITEMS A. CONSENT CALENDAR Unless an item is pulled for separate action by the City Council, the following actions are approved without discussion. A-1 APPROVAL OF MINUTES FOR THE REGULAR CITY COUNCIL MEETING OF DECEMBER 8, 1997; (BAUER) RECOMMENDATION: Approve as submitted. A-2 STATEMENT OF CASH AND INVESTMENTS-NOVEMBER 1997; (KOSER) • RECOMMENDATION: Receive for information. 01 • A-3 EXPENDITURE REPORT - NOVEMBER 1997; (KOSER) RECOMMENDATION: Approve as submitted. A-4 RESOLUTION NO. 05-98 ADOPTING APPROPRIATIONS APPROVED BY THE CITY COUNCIL; (KOSER) RECOMMENDATION: Adopt Resolution No. 05-98 which formally makes the appropriations the City Council has previously approved. A-5 RESOLUTION NO. 01-98 ADOPTING CITY OF MORRO BAY INVESTMENT POLICY AND AUTHORIZING CITY TREASURER TO CARRY OUT SUBJECT POLICY; (KOSER) RECOMMENDATION: Approve Resolution No. 01-98. A-6 AGREEMENT WITH COUNTY AND SEVEN CITIES REGARDING SALES TAX DISTRIBUTION - DIABLO CANYON USE TAX SHARING; (ADMIN.) RECOMMENDATION: Authorize City Manager to sign Diablo Canyon Use Tax Sharing Memorandum of Agreement. • A-7 REQUEST FOR FEE WAIVER FOR EARTHDAY PROGRAMS; (LUEKER) RECOMMENDATION: Deny the fee waiver request for the Earth Day Celebration. A-8 DESTINATION 2000 ANNUAL REPORT; (ADMIN.) RECOMMENDATION: Receive report and direct staff accordingly. A-9 RESOLUTION NO. 04-98 APPROVING 90-DAY AGREEMENT WITH AGP FOR VIDEO SERVICES; (BOUCHER) RECOMMENDATION: Adopt Resolution No. 04-98 approving the video production and Nutmeg insertion point management services agreement with AGP. A-10 RESOLUTION NO. 02-98 AMENDING CLAIM SETTLEMENT AMOUNTS; (ADMIN.) RECOMMENDATION: Adopt Resolution No. 02-98 rescinding the previous resolution and authorizing the adjustment and settlement of claims against • the City. c • A-11 REJECTION OF LEAVE TO PRESENT LATE CLAIM - BURRELL; (DAVIS) RECOMMENDATION: Reject the request to present a late claim. A-12 REJECTION OF CLAIM AGAINST THE CITY - CUIZON; (DAVIS) RECOMMENDATION: Reject the claim. A-13 REJECTION OF CLAIM AGAINST THE CITY - EGAN; (DAVIS) RECOMMENDATION: Reject the claim. A-14 REJECTION OF CLAIM AGAINST THE CITY - HOLMAN; (DAVIS) RECOMMENDATION: Reject the claim. A-15 RESOLUTION NO. 06-98 APPROVING AGREEMENT TO EXTEND TIME TO CONSIDER TRANSFER REQUEST FROM CHARTER COMMUNICATIONS; (BOUCHER) RECOMMENDATION: Adopt Resolution No. 06-98 approving an agreement to • extend the 120-day time period through February 20, 1998. B. PUBLIC HEARINGS, REPORTS & APPEARANCES B-I ORDINANCE NO. 465 REVISING SECTIONS 2.08.020, 2.08.025, 2.12.180, 2.23.070, 5.32.040, 5.32.210, AND CHAPTER 3.12 OF THE MORRO BAY MUNICIPAL CODE - FIRST READINGANTRODUCTION; (ADMIN.) - THIS ITEM HAS BEEN PULLED FROM THE AGENDA C. UNFINISHED BUSINESS - NONE. D. NEW BUSINESS D-1 SCENIC HIGHWAY DESIGNATION PRESENTATION; (NOVAK) RECOMMENDATION: Receive presentation and direct staff accordingly. D-2 RESOLUTION NO. 03-98 ADOPTING GUIDELINES FOR SELECTION AND QUALIFICATIONS OF ADVISORY BOARD/COMMISSION MEMBER APPOINTMENTS; (ADMIN.) • RECOMMENDATION: Approve Resolution No. 03-98 adopting guidelines for selection and qualifications of Advisory Board/Commission Members. 4 • D-3 SET DATE FOR ALL BOARDS/COMMISSIONS/COUNCIL MEETING; (ADMIN.) RECOMMENDATION: Discuss and advise staff for scheduling purposes. D-4 RESOLUTION NO. 07-98 APPROVING NEW EASEMENT AGREEMENTS WITH PG&E FOR MORRO WELLS, LILA KEISER PARK, AND FISHERMEN'S STORAGE SHED; (HUNT) RECOMMENDATION: Approve Resolution No. 07-98 authorizing the Mayor to execute Easement and License Agreements with PG&E E. ADJOURNMENT THIS AGENDA IS SUBJECT TO AMENDMENT UP TO 72 HOURS PRIOR TO THE DATE AND TIME SET FOR THE MEETING. PLEASE REFER TO THE AGENDA POSTED AT CITY HALL FOR ANY REVISIONS OR CALL THE CLERK'S OFFICE AT 772-6200 FOR FURTHER INFORMATION. COPIES OF STAFF REPORTS OR OTHER PUBLIC DOCUMENTATION RELATING TO EACH • ITEM OF BUSINESS REFERRED TO ON THIS AGENDA ARE ON FILE IN THE OFFICE OF THE CITY CLERK AND AVAILABLE FOR PUBLIC INSPECTION AND REPRODUCTION AT COST AT CITY HALL, LIBRARY, AND MILLS STATIONERY. IN COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT, IF YOU NEED SPECIAL ASSISTANCE TO PARTICIPATE IN A CITY MEETING, PLEASE CONTACT THE CITY CLERK'S OFFICE AT LEAST 24 HOURS PRIOR TO THE MEETING TO INSURE THAT REASONABLE ARRANGEMENTS CAN BE MADE TO PROVIDE ACCESSIBILITY TO THE MEETING. • • MINUTES - MORRO BAY CITY COUNCIL CLOSED SESSION - JANUARY 12, 1998 CITY HALL CONFERENCE ROOM - 5:00 P.M. Mayor Novak called the meeting to order at 5:00 p.m PRESENT: Cathy Novak Mayor Rodger Anderson Councilmember Dave Elliott Councilmember William Peirce Councilmember Janice Peters Councilmember STAFF: David Cole City Manager David Hunt City Attorney CLOSED SESSION MOTION: Councilmember Peirce moved the meeting be adjourned to Closed Session. The motion was seconded by Councilmember Elliott and unanimously carried. (5-0) Mayor Novak read the Closed Session statement. • CS-1 GOVERNMENT CODE SECTION 54956.9(A). CONFERENCE WITH LEGAL COUNSEL REGARDING PENDING LITIGATION • Status Report on All Pending Litigation. This is a report on status and no action may be taken on any matter not specifically listed. Council may request a specific matter be agendized in the future for action. CS-2 GOVERNMENT CODE SECTION 54956.8. 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 4 parcels. A. Pronerty: DenDulk/King Property. Negotiating Parties: John King and City of Mono Bay. Negotiations: Voluntary Purchase and Sale. B. Property: Morro Wells, Lila Keiser Park, and Fisherman's Storage Shed. Negotiating Parties: PG&E and City of Morro Bay. Negotiations: Renegotiation of current agreements due to PG&E sale of plant property to Duke Power. • • CS- 3 GOVERNMENT CODE SECTION 54957.6; CONFERENCE WITH LABOR NEGOTIATOR. Conference with the City Manager, the City's Designated Representative, for the purpose of reviewing the City's position regarding salaries, salary schedules, or compensation paid in the form of fringe benefits, and giving instructions to the Designated Representative. The meeting adjourned to Closed Session at 5:00 p.m. and returned to regular session at 5:52 p.m. MOTION: Councilmember Peirce moved the meeting be adjourned. The motion was seconded by Councilmember Anderson and unanimously carried. (5-0) The meeting adjourned at 5:52 p.m. • 0 • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - JANUARY 12, 1998 VETERANS MEMORIAL HALL - 6:00 P.M. Mayor Novak called the meeting to order at 6:00 p.m. ESTABLISH QUORUM AND CALL TO ORDER PRAYER PLEDGE OF ALLEGIANCE THOUGHT FOR THE DAY MAYOR'S REPORTS & ANNOUNCEMENTS CLOSED SESSION REPORT - None. PUBLIC COMMENT George Finnegan, representative of PG&E, addressed the recent power outages experienced in Morro Bay, and PG&E's resolution of these outages. The following people expressed support for Item D-1, the Scenic Highway designation: Ray McKelligott, Bernie Melvin, Chuck Meissner, Warren Dorn, Cat McConnell, Shirley • Bianchi, Meredith Bates, Bill Raflowski, and Lynda Merrill. John Barta expressed concern with the Scenic Highway designation because the highway does not show the best side of Morro Bay; a billboard is important to advertise the beauty of Morro Bay. Bud Laurent congratulated the City Council for the award presented to the City for the South Bay Improvement Revegetation. Ben Lovejoy addressed Item A-7 (Request for Fee Waiver for Earthday Programs) and requested Council's support in the waiver of the facility fee in order to hold the Earth Day Celebration in Morro Bay. Bill Raflowski addressed Item CS-3, (Conference with Labor Negotiator) and asked why this issue is being discussed behind closed doors; he noted salaries should be discussed in a public hearing. Ric Deschler addressed Item D-2 (Resolution No. 03-98 Adopting Guidelines for Selection and Qualifications of Advisory Board/Commission Member Appointments) and expressed opposition to the policy to allow non-residents on City boards. 0 • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - JANUARY 12, 1998 Lynda Merrill requested Council's support in granting the fee waiver for the Earthday Programs. She also noted her support of the accomplishments of the Destination 2000 report. Richard Holman addressed Item A-14 (Rejection of Claim Against the City -Holman) and requested the City Council not reject his claim. Steve Mathieu referenced Council to his memorandum addressing Item A-9 (Resolution No. 04-98 Approving 90-Day Agreement with AGP for Video Services). DECLARATION OF FUTURE AGENDA ITEMS - None. Mayor Novak requested Council hear Item D-1 next; Council concurred. A. CONSENT CALENDAR • Unless an item is pulled for separate action by the City Council, the following actions are approved without discussion. A-1 APPROVAL OF MINUTES FOR THE REGULAR CITY COUNCIL MEETING OF DECEMBER 8, 1997; (BAUER) RECOMMENDATION: Approve as submitted. A-2 STATEMENT OF CASH AND INVESTMENTS-NOVEMBER 1997; (KOSER) RECOMMENDATION: Receive for information. A-3 EXPENDITURE REPORT - NOVEMBER 1997; (KOSER) RECOMMENDATION: Approve as submitted. A-4 RESOLUTION NO. 05-98 ADOPTING APPROPRIATIONS APPROVED BY THE CITY COUNCIL; (KOSER) RECOMMENDATION: Adopt Resolution No. 05-98 which formally makes the appropriations the City Council has previously approved. • 4 • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - JANUARY 12, 1998 A-5 RESOLUTION NO. 01-98 ADOPTING CITY OF MORRO BAY INVESTMENT POLICY AND AUTHORIZING CITY TREASURER TO CARRY OUT SUBJECT POLICY; (KOSER) RECOMMENDATION: Approve Resolution No. 01-98. A-6 AGREEMENT WITH COUNTY AND SEVEN CITIES REGARDING SALES TAX DISTRIBUTION - DIABLO CANYON USE TAX SHARING; (ADMIN.) RECOMMENDATION: Authorize City Manager to sign Diablo Canyon Use Tax Sharing Memorandum of Agreement. A-7 REQUEST FOR FEE WAIVER FOR EARTHDAY PROGRAMS; (LUEKER) RECOMMENDATION: Deny the fee waiver request for the Earth Day Celebration. • A-8 DESTINATION 2000 ANNUAL REPORT; (ADMIN.) RECOMMENDATION: Receive report and direct staff accordingly. A-9 RESOLUTION NO. 04-98 APPROVING 90-DAY AGREEMENT WITH AGP FOR VIDEO SERVICES; (BOUCHER) RECOMMENDATION: Adopt Resolution No. 04-98 approving the video production and Nutmeg insertion point management services agreement with AGP. A-10 RESOLUTION NO. 02-98 AMENDING CLAIM SETTLEMENT AMOUNTS; (ADMIN.) RECOMMENDATION: Adopt Resolution No. 02-98 rescinding the previous resolution and authorizing the adjustment and settlement of claims against the City. A-11 REJECTION OF LEAVE TO PRESENT LATE CLAIM - BURRELL; (DAVIS) • RECOMMENDATION: Reject the request to present a late claim. Lk" MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - JANUARY 12, 1998 A-12 REJECTION OF CLAIM AGAINST THE CITY - CUIZON; (DAVIS) RECOMMENDATION: Reject the claim. A-13 REJECTION OF CLAIM AGAINST THE CITY - EGAN; (DAVIS) RECOMMENDATION: Reject the claim. A-14 REJECTION OF CLAIM AGAINST THE CITY - HOLMAN; (DAVIS) RECOMMENDATION: Reject the claim. A-15 RESOLUTION NO. 06-98 APPROVING AGREEMENT TO EXTEND TIME TO CONSIDER TRANSFER REQUEST FROM CHARTER COMMUNICA- TIONS; (BOUCHER) RECOMMENDATION: Adopt Resolution No. 06-98 approving an agreement to • extend the 120-day time period through February 20,1998. Councilmember Anderson pulled Items A-8 and A-14 from the Consent Calendar; Mayor Novak pulled Items A-9 and A-10; and Councilmember Elliott pulled Item A-15. MOTION: Councilmember Peters moved the City Council approve the Consent Calendar with the exception of Items A-8, A-9, A-10, A-14 and A-15. The motion was seconded by Councilmember Anderson and carried unanimously. (5-0) A-8 DESTINATION 2000 ANNUAL REPORT; (ADMIN.) Councilmember Anderson noted the accomplishments of the Destination 2000 report. MOTION: Councilmember Anderson moved the City Council approve Item A-8. The motion was seconded by Councilmember Peters and carried unanimously. (5-0) A-9 RESOLUTION NO. 04-98 APPROVING 90-DAY AGREEMENT WITH AGP FOR VIDEO SERVICES; (BOUCHER) Mayor Novak recommended continuing this item to the January 26, 1998 City Council • meeting in order to review the memorandum issued by Steve Mathieu's regarding insurance issues. 0 MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - JANUARY 12, 1998 MOTION: Mayor Novak moved the City Council continue Item A-9 to the January 26, 1998 City Council meeting. The motion was seconded by Councilmember Elliott and carried unanimously. (5-0) A-10 RESOLUTION NO. 02-98 AMENDING CLAIM SETTLEMENT AMOUNTS; (ADMIN.) Mayor Novak recommended continuing this item to a date unspecified in order for staff to further review the City's claim policy; Council concurred. A-14 REJECTION OF CLAIM AGAINST THE CITY - HOLMAN; (DAVIS) Councilmember Anderson requested clarification on the claim process relating to this issue. City Attorney David Hunt responded there was no notice of a dangerous condition • relating to the tree in this incident, and the City is not presumed responsible. He did note that rejecting the claim allows the claimant to appeal the rejection in a timely manner. MOTION: Councilmember Anderson moved the City Council approve Item A-14. The motion was seconded by Councilmember Peters and carried unanimously. (5-0) A-15 RESOLUTION NO. 06-98 APPROVING AGREEMENT TO EXTEND TIME TO CONSIDER TRANSFER REQUEST FROM CHARTER COMMUNICA- TIONS; (BOUCHER) Councilmember Elliott stated a consultant should not have discovered inadequacies in City codes, and the review of this agreement should have been performed in-house. Councilmember Peters responded the City had been aware of the inadequacies, and the consultant was needed to negotiate mitigation of same. MOTION: Councilmember Peters moved the City Council approve Item A-15. The motion was seconded by Councilmember Anderson and carried unanimously. (5-0) 7 MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - JANUARY 12, 1998 B. PUBLIC HEARINGS. REPORTS & APPEARANCES B-1 ORDINANCE NO. 465 REVISING SECTIONS 2.08.020, 2.08.025, 2.12.180, 2.23.070, 5.32.040, 5.32.210, AND CHAPTER 3.12 OF THE MORRO BAY MUNICIPAL CODE - FIRST READING/INTRODUCTION; (ADMIN.) This item was pulled from the agenda. C. UNFINISHED BUSINESS - NONE. D. NEW BUSINESS D-1 SCENIC HIGHWAY DESIGNATION PRESENTATION; (NOVAK) Mayor Novak introduced Supervisor Bud Laurent and Bob Carr, representative from CalTrans, who made a presentation to the City Council on a proposal to pursue an official "State Scenic Highway" designation for Highway One which includes the stretch IS of highway that runs through Morro Bay. The City Council received the presentation and continued approval of the proposed designation in order to receive information from CalTrans addressing concerns brought forward by Council. Mayor Novak called for a break at 7:36 p.m.; the meeting resumed at 7:57 p.m. D-2 RESOLUTION NO. 03-98 ADOPTING GUIDELINES FOR SELECTION AND QUALIFICATIONS OF ADVISORY BOARD/COMMISSION MEMBER APPOINTMENTS; (ADMIN.) Mayor Novak introduced Resolution No. 03-98 which adopts guidelines on the selection and qualifications of Advisory Board/Commission Members. The City Council made revisions to the guidelines and requested this item be reagendized for approval at the January 26, 1998 Council meeting. D-3 SET DATE FOR ALL BOARDS/COMMISSIONS/COUNCIL MEETING; (ADMIN.) Mayor Novak requested the City Council schedule a date to meet with the various City Advisory Boards and Commissions. 8 • MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - JANUARY 12, 1998 The City Council scheduled to meet with the various boards on February 17, 1998 at 6:00 p.m. D-4 RESOLUTION NO. 07-98 APPROVING NEW EASEMENT AGREEMENTS WITH PG&E FOR MORRO WELLS, LILA KEISER PARK, AND FISHERMEN'S STORAGE SHED; (HUNT) City Attorney David Hunt reviewed the Easement and License Agreements with PG&E for Morro Wells, Lila Keiser Park, and the Fishermen's Storage Shed. He recommended the City Council approve Resolution No. 07-98 authorizing the Mayor to execute the Easement and License Agreements with PG&E. Councilmember Elliott expressed opposition to approving these proposed agreements with PG&E stating they are not reasonable in that the City is giving up far in excess than what PG&E is offering to the City. • MOTION: Mayor Novak moved the City Council adopt Resolution No. 07-98 approving new easement agreements with PG&E for Morro Wells, Lila Keiser Park, and Fishermen's Storage Shed. The motion was seconded by Councilmember Peters and carried with Councilmember Elliott voting no. (4-1) F. ADJOURNMENT The meeting adjourned to Closed Session at 9:29 p.m. Recorded by: Bridgett Bauer City Clerk C9 i,. NOTICE OF SPECIAL MEETING • NOTICE IS HEREBY GIVEN that the Morro Bay City Council will be holding a Special Meeting on Thursday, January 8, 1998 at 5:30 p•m• to be held at the Morro Bay City Hall Conference Room, 595 Harbor Street, Morro Bay, California. Council will be discussing the agenda for the Joint Cities/County meeting. Council will then adjourn to the Joint Cities/County meeting which will be held at the Atascadero Lake Park Pavilion, 9315 Pismo Avenue, Atascadero, California DATED: December 31, 1997 BRIDGEVT BAUER, City Clerk