HomeMy WebLinkAboutJanuary - December 20110 City of Morro Bay
® Morro Bay, CA 93442
(805) 772-6200
CITY OF MORRO BAY
CITY COUNCIL
NOTICE OF CANCELED MEE
THE REGULAR CITY COUNCIL MEETING
SCHEDULED FOR
TUESDAY, DECEMBER 27, 2011
HAS BEEN CANCELED
The next regularly scheduled meeting will be held on
Tuesday. January 10, 2011, 6:00 p.m., Veterans Hall.
® FINANCE ADMINISTRATION FIRE DEPT. PUBLIC SERVICES
595 Harbor Street 595 Harbor Street 715 Harbor Street 955 Shasta Avenue
HARBOR DEPT.
1275 Embarcadero Road
CITY ATTORNEY POLICE DEPT. RECREATION & PARKS
955 Shasta Avenue 870 Morro Bav Boulevard 1001 Kennedv Wav
® 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 — TUESDAY, DECEMBER 13, 2011
VETERANS MEMORIAL HALL - 6:00 P.M.
209 SURF ST., MORRO BAY, CA
ESTABLISH QUORUM AND CALL TO ORDER
MOMENT OF SILENCE
PLEDGE OF ALLEGIANCE
MAYOR AND COUNCILMEMBERS ANNOUNCEMENTS & PRESENTATIONS
CLOSED SESSION REPORT
® PUBLIC COMMENT PERIOD - Members of the audience wishing to address the Council on
City business matters (other than Public Hearing items under Section B) may do so at this
time.
To increase the effectiveness of the Public Comment Period, the following rules shall be
followed:
• When recognized by the Mayor, please come forward to the podium and state your
name and address for the record. Comments are to be limited to three minutes.
• All remarks shall be addressed to Council, as a whole, and not to any individual
member thereof.
• The Council respectfully requests that you refrain from making slanderous,
profane or personal remarks against any elected official, commission and/or staff.
• Please refrain from public displays or outbursts such as unsolicited applause,
comments or cheering.
• Any disruptive activities that substantially interfere with the ability of the City
Council to carry out its meeting will not be permitted and offenders will be
requested to leave the meeting.
• Your participation in City Council meetings is welcome and your courtesy will be
appreciated.
In compliance with the Americans with Disabilities Act, if you need special assistance to
participate in this meeting, please contact the City Clerk, (805) 772-6205. Notification 24
® hours prior to the meeting will enable the City to make reasonable arrangements to ensure
accessibility to this meeting.
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® 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 8, 2011; (ADMINISTRATION)
RECOMMENDATION: Approve as submitted.
A-2 RESOLUTION NO. 72-11 ADOPTING THE MEMORANDUM OF
UNDERSTANDING WITH THE MORRO BAY FIREFIGHTERS ASSOCIATION;
(ADMINISTRATIVE SERVICES)
RECOMMENDATION: Adopt Resolution No. 72-11.
A-3 RESOLUTION NO. 73-11 AUTHORIZING PAYING AND REPORTING THE
VALUE OF EMPLOYER PAID MEMBER CONTRIBUTIONS (EPMC) FOR THE
MORRO BAY FIREFIGHTERS ASSOCIATION; (ADMINISTRATIVE
SERVICES)
RECOMMENDATION: Adopt Resolution No. 73-11.
A-4 QUARTERLY FINANCIAL STATUS REPORT FOR THE FISCAL YEAR ENDED
® SEPTEMBER 30, 2011; (ADMINISTRATIVE SERVICES)
RECOMMENDATION: Accept the report as presented.
A-5 APPROVAL OF AMENDMENT 91 TO THE LEASE AGREEMENT FOR LEASE
SITE 110-112/110W-112W, AND 20' OF THE EASTERLY PORTION OF 111.5W,
BETWEEN THE CITY OF MORRO BAY AND GAFCO INC., LOCATED AT 1185
EMBARCADERO, AND AMENDMENT #1 TO THE LEASE AGREEMENT FOR
LEASE SITE 124-128/124W-128W AND 113W, BETWEEN THE CITY OF
MORRO BAY AND SEA ONE SOLUTIONS LLC, LOCATED AT 1215
EMBARCADERO; (HARBOR)
RECOMMENDATION: Adopt Resolution No. 75-11 approving Amendment #1 to
the Lease Agreement for Lease Site 110-112/11OW-112W and 20' of the easterly
portion of 111.5W between the City of Morro Bay and GAFCO, Inc.; and, adopt
Resolution No. 76-11 approving Amendment #1 to the Lease Agreement for
Lease Site 124-128/124W-128W and 113W between the City of Morro Bay and
Sea One Solutions LLC.
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A-6 APPROVAL OF RESOLUTION AUTHORIZING THE CITY OF MORRO BAY TO
ENTER INTO BOATING SAFETY AND ENFORCEMENT GRANT CONTRACT
® WITH THE DEPARTMENT OF BOATING AND WATERWAYS; (HARBOR)
RECOMMENDATION: Adopt Resolution No. 74-11 authorizing the Harbor
Operations Manager to execute the Boating Safety and Enforcement Grant
Contract Agreement #11-204-758 with the California Department of Boating and
Waterways for purchase of miscellaneous equipment consisting of two rescue
personal watercraft and trailer in the amount of $24,000.
A-7 ADOPTION OF ORDINANCE NO. 575 AMENDING MORRO BAY MUNICIPAL
CODE SECTION 5.04.330 REGARDING THE PROCEDURE FOR SUBMITTING
CERTAIN BUSINESS LICENSE APPLICATIONS TO THE CHIEF OF POLICE
AND CITY COUNCIL; (CITY ATTORNEY)
RECOMMENDATION: Adopt Ordinance No. 575.
A-8 AWARD OF CONTRACT TO WHITAKER CONSTRUCTION GROUP, INC. OF
SAN LUIS OBISPO, CA FOR THE PROJECT NO. MB-2011-S-02: LIFT STATION
2 UPGRADE; (PUBLIC SERVICES)
RECOMMENDATION: Award the Project contract to Whitaker Construction Group,
Inc., in the amount of $958,740.
isOBISPO,
AWARD OF CONTRACT TO D-KAL ENGINEERING INC. OF SAN LUIS
OBISPO, CA FOR THE PROJECT NO. MB-WC-1: SECTION 6 SEWER
REHABILITATION; (PUBLIC SERVICES)
RECOMMENDATION: Award the Project contract to D-Kal Engineering Inc., in
the amount of $64,570.
A-10 AWARD OF CONTRACT FOR DEL MAR PARK TENNIS COURT
IMPROVEMENTS: MB-2011 -RP 1; (PUBLIC SERVICES)
RECOMMENDATION: Award the Project contract to Malibu Pacific Tennis Courts
Inc. in the amount of $297,650.00.
A-11 APPROVAL OF THE AGREEMENT WITH THE CLARICE RIGHETTI TRUST
TO LEASE A PORTION OF TRUST PROPERTY FOR THE CONSTRUCTION
AND OPERATION OF THE NUTMEG WATER TANK; (PUBLIC SERVICES)
RECOMMENDATION: Approve the Lease Agreement with the Clarice Righetti
Trust for a portion of Trust property to be used for the construction of the
Nutmeg Water Tank.
A-12 PROCLAMATION DECLARING DECEMBER 4, 2011 AS ARBOR DAY;
(RECREATION & PARKS)
0 RECOMMENDATION: Adopt Proclamation.
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® A-13 APPROVAL OF A NEW LEASE AGREEMENT FOR LEASE SITE 144/144W,
BETWEEN THE CITY OF MORRO BAY AND CHARLES AND SANDRA
MARCIEL, DOING BUSINESS AS M&M REFRIGERATION, LOCATED AT 1287
EMBARCADERO; (HARBOR)
RECOMMENDATION: Adopt Resolution No. 77-11 approving a new lease
agreement for Lease Site 144/144W between the City of Morro Bay and Charles
and Sandra Marciel, doing business as M&M Refrigeration, located at 1287
Embarcadero.
B. PUBLIC HEARINGS. REPORTS & APPEARANCES
B-1 APPEAL OF THE PLANNING COMMISSION'S DECISION TO
CONDITIONALLY APPROVE CONDITIONAL USE PERMIT UPO-233 AND
COASTAL DEVELOPMENT PERMIT CPO-285 WHICH ALLOWED THE
CONSTRUCTION OF A NEW 2-STORY, SPLIT LEVEL, 3,256-SQUARE FOOT
RESIDENTIAL. STRUCTURE INCLUDING AN ATTACHED 2-CAR 920-
SQUARE FOOT GARAGE, 745-SQUARE FEET OF DECKING DECKS, AND A
711-SQUARE FOOT SECONDARY LIVING UNIT; (PUBLIC SERVICES)
RECOMMENDATION: Deny the appeal and uphold the Planning Commission's
approval of Conditional Use Permit UPO-233 and Coastal Development Permit
CPO-285 subject to the Findings made in the Conditions of Approval.
® B-2 REVIEW AND PROVIDE RECOMMENDATIONS FOR THE CITY OF MORRO
BAY SIGN CODE BASED ON WORKSHOP AND SURVEY RESULTS; (PUBLIC
SERVICES)
RECOMMENDATION: Review workshop and survey results and provide direction
to staff regarding any modifications to the "Sign Ordinance" to be incorporated
into a revised ordinance that will be forwarded to the Planning Commission for
review and recommendations back to City Council.
B-3 REVIEW AND ADOPT DRAFT FUNDING RECOMMENDATIONS FOR THE
2012 COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS; (PUBLIC
SERVICES)
RECOMMENDATION: Review and adopt draft funding recommendations for the
2012 Community Development Block Grant funds and forward
recommendations to the San Luis Obispo County Board of Supervisors for
inclusion with the other requests from the Urban County Consortium.
C. UNFINISHED BUSINESS — NONE.
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D. NEW BUSINESS
® D-I REQUEST TO UTILIZE $600,000 OF THE AFFORDABLE HOUSING IN LIEU
FUNDS FOR THE PROJECT LOCATED AT 555 MAIN STREET;
(ADMINISTRATION)
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RECOMMENDATION: Authorize utilization of $600,000 of the Affordable Housing
In Lieu Funds for the project located at 555 Main Street.
E. DECLARATION OF FUTURE AGENDA ITEMS
F. 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.
MATERIAL& RELATED TO AN ITEM ON THIS AGENDA SUBMITTED TO THE
CITY COUNCIL AFTER DISTRIBUTION OF THE AGENDA PACKET ARE
AVAILABLE FOR PUBLIC INSPECTION AT CITY HALL LOCATED AT 595
HARBOR STREET DURING NORMAL BUSINESS HOURS OR AT THE
SCHEDULED MEETING.
5
AGENDA NO: A-1
® MINUTES - MORRO BAY CITY COUNCIL MEETING DATE: 01/10/12
REGULAR MEETING — DECEMBER 13, 2011
VETERANS MEMORIAL HALL - 6:00 P.M.
E,
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Mayor Yates called the meeting to order at 6:00 p.m
PRESENT: William Yates
Mayor
Carla Borchard
Councilmember
Nancy Johnson
Councilmember
George Leage
Councilmember
Noah Smukler
Councilmember
STAFF: Andrea Lueker
Robert Schultz
Bridgett Kessling
Eric Endersby
Susan Lichtenbaum
Rob Livick
Tim Olivas
Mike Pond
Susan Slayton
Dylan Wade
Kathleen Wold
Joe Woods
City Manager
City Attorney
City Clerk
Harbor Operations Manager
Harbor Business Manager
Public Services Director
Police Chief
Fire Chief
Administrative Services Director
Utilities/Capital Projects Manager
Planning Manager
Recreation & Parks Director
ESTABLISH QUORUM AND CALL TO ORDER
MOMENT OF SILENCE
PLEDGE OF ALLEGIANCE
MAYOR AND COUNCIL MEMBERS REPORTS, ANNOUNCEMENTS &
PRESENTATIONS
CLOSED SESSION REPORT — there was no Closed Session meeting.
PUBLIC COMMENT
Caroline Wichman announced her business Karma Sunshine Store on Morro Bay Boulevard
which she carries 20a' century collectibles.
Father Stephen Mills announced he is filling in as the Rector at St. Peters by the Sea
Episcopal Church due to Rector Harriett Linville's retirement.
Matt Hudgins of Central Coast Stand Up Paddling and Sue Strebbin, both of the Jesse King
Memorial Paddle Race Committee donated $1,500 to the Morro Bay Parks and Recreation
Department.and $500 for the County Junior Lifeguards for their efforts in the 2011 Jesse
King Memorial Paddle Race.
® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — DECEMBER 13, 2011
Jerry Rioux of the County Housing Trust Fund discussed affordable housing projects
throughout the County. He thanked the City for its support in its participation of the
Commission in its affordable housing efforts.
David Nelson expressed displeasure with the Taco Bell remodel project. He also noted a lot
in North Morro Bay was split into 23 parcels for a proposed housing development which is
unacceptable. Mr. Nelson stated it has been heard that $5 million has been spent on the City
sewer and asked why it's being built on a flood plain. He said the City should make it clear
that the power plant in the City should be moved.
Susan Stewart acknowledged the efforts of those who placed the luminarias on Morro Bay
Boulevard during the holidays.
Scott Doyle, Vice President of Cal Poly Surf Rider Club, addressed cigarette pollution on the
beach, and advised Council of a project he and others are working on which are collectors
that could be placed on the beach, and they are called Cigarette Butt Biters.
Ken Vesterfelt stated the Caroling Cop Car event is organized by Neighborhood Watch
which takes many people and funding to become a successful event. He also wished the City
® a Merry Christmas.
Garry Johnson thanked the Police Department for their efforts in the Caroling Cop Car event.
Betty Winholtz addressed the following items on the agenda: Item A-2 (Resolution No. 72-
11 Adopting the Memorandum of Understanding with the Morro Bay Firefighters
Association) stating technically it is accurate but could have been worded differently;
although it appears to be a benefit to the City, it is only a 3% benefit. She referred to Item A-
4 (Quarterly Financial Status Report for the Fiscal Year Ended September 30, 2011) and
asked questions regarding the water and sewer funds. Ms. Winholtz addressed Item A-5
(Approval of Amendment #1 to the Lease Agreement for Lease Site 110-112/110W-112W,
and 20' of the Easterly Portion of 11 1.5W, between the City of Morro Bay and GAFCO Inc.,
Located at 1185 Embarcadero, and Amendment #1 to the Lease Agreement for Lease Site
124-128/124W-128W and 113W, between the City of Morro Bay and Sea One Solutions
LLC, Located at 1215 Embarcadero) and asked why Council has agreed to a two year
extension for GAFCO when the City ordinance states it should consider a one year extension
when the lease hasn't fulfilled its first two years. She referred to Item A-7 (Adoption of
Ordinance No. 575 Amending Morro Bay Municipal Code Section 5.04.330 Regarding the
Procedure for Submitting Certain Business License Applications to the Chief of Police and
City Council) and asked if the Police Chief will notify the public regarding the submittal of
certain business licenses. Ms. Winholtz referred to Item A-12 (Proclamation Declaring
December 4, 2011 as Arbor Day) noting this celebration usually takes place in April, why
this year is it in December.
2
® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — DECEMBER 13, 2011
She referred to Item A-13 (Approval of a New Lease Agreement for Lease Site 144/144W,
between the City of Morro Bay and Charles and Sandra Marciel, doing Business as M&M
Refrigeration, Located at 1287 Embarcadero) noting the proposed fee seems low to her.
Roger Ewing stated there are many people in need over the holidays, and reminded the public
of the Salvation Army bell ringers and to help when we can.
Mayor Yates closed the hearing for public comment.
A. CONSENT CALENDAR
Unless an item is pulled for separate action by the City Council, the following actions are
approved without discussion.
A-] APPROVAL OF MINUTES FOR THE REGULAR CITY COUNCIL MEETING OF
NOVEMBER 8, 2011; (ADMINISTRATION)
RECOMMENDATION: Approve as submitted.
® A-2 RESOLUTION NO. 72-11 ADOPTING THE MEMORANDUM OF
UNDERSTANDING WITH THE MORRO BAY FIREFIGHTERS ASSOCIATION;
(ADMINISTRATIVE SERVICES)
RECOMMENDATION: Adopt Resolution No. 72-11.
A-3 RESOLUTION NO. 73-11 AUTHORIZING PAYING AND REPORTING THE
VALUE OF EMPLOYER PAID MEMBER CONTRIBUTIONS (EPMC) FOR THE
MORRO BAY FIREFIGHTERS ASSOCIATION; (ADMINISTRATIVE
SERVICES)
RECOMMENDATION: Adopt Resolution No. 73-11.
A4 QUARTERLY FINANCIAL STATUS REPORT FOR THE FISCAL YEAR
ENDED SEPTEMBER 30, 201 l; (ADMINISTRATIVE SERVICES)
RECOMMENDATION: Accept the report as presented.
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® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — DECEMBER 0, 2011
A-5 APPROVAL OF AMENDMENT #1 TO THE LEASE AGREEMENT FOR LEASE
SITE 110-112/110W-112W, AND 20' OF THE EASTERLY PORTION OF 111.5W,
BETWEEN THE CITY OF MORRO BAY AND GAFCO INC., LOCATED AT
1185 EMBARCADERO, AND AMENDMENT #1 TO THE LEASE AGREEMENT
FOR LEASE SITE 124-128/124W-128W AND 113W, BETWEEN THE CITY OF
MORRO BAY AND SEA ONE SOLUTIONS LLC, LOCATED AT 1215
EMBARCADERO; (HARBOR)
RECOMMENDATION: Adopt Resolution No. 75-11 approving Amendment #1 to
the Lease Agreement for Lease Site 110-112/11OW-112W and 20' of the easterly
portion of 111.5W between the City of Morro Bay and GAFCO, Inc.; and, adopt
Resolution No. 76-11 approving Amendment #1 to the Lease Agreement for
Lease Site 124-128/124W-128W and 113W between the City of Morro Bay and
Sea One Solutions LLC.
A-6 APPROVAL OF RESOLUTION AUTHORIZING THE CITY OF MORRO BAY
TO ENTER INTO BOATING SAFETY AND ENFORCEMENT GRANT
CONTRACT WITH THE DEPARTMENT OF BOATING AND WATERWAYS;
(HARBOR)
® RECOMMENDATION: Adopt Resolution No. 74-11 authorizing the Harbor
Operations Manager to execute the Boating Safety and Enforcement Grant
Contract Agreement #11-204-758 with the California Department of Boating
and Waterways for purchase of miscellaneous equipment consisting of two
rescue personal watercraft and trailer in the amount of $24,000.
L'J
A-7 ADOPTION OF ORDINANCE NO. 575 AMENDING MORRO BAY MUNICIPAL
CODE SECTION 5.04.330 REGARDING THE PROCEDURE FOR SUBMITTING
CERTAIN BUSINESS LICENSE APPLICATIONS TO THE CHIEF OF POLICE
AND CITY COUNCIL; (CITY ATTORNEY)
RECOMMENDATION: Adopt Ordinance No. 575.
A-8 AWARD OF CONTRACT TO WHITAKER CONSTRUCTION GROUP, INC. OF
SAN LUIS OBISPO, CA FOR THE PROJECT NO. MB-2011-S-02: LIFT
STATION 2 UPGRADE; (PUBLIC SERVICES)
RECOMMENDATION: Award the Project contract to Whitaker Construction Group,
Inc., in the amount of $958,740.
El
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — DECEMBER 13, 2011
A-9 AWARD OF CONTRACT TO D-KAL ENGINEERING INC. OF SAN LUIS
OBISPO, CA FOR THE PROJECT NO. MB-WC-1: SECTION 6 SEWER
REHABILITATION; (PUBLIC SERVICES)
RECOMMENDATION: Award the Project contract to D-Kal Engineering Inc., in
the amount of $64,570.
A-10 AWARD OF CONTRACT FOR DEL MAR PARK TENNIS COURT
IMPROVEMENTS: MB-2011 -RP 1; (PUBLIC SERVICES)
RECOMMENDATION: Award the Project contract to Malibu Pacific Tennis
Courts Inc. in the amount of $297,650.00.
A-11 APPROVAL OF THE AGREEMENT WITH THE CLARICE RIGHETTI TRUST
TO LEASE A PORTION OF TRUST PROPERTY FOR THE CONSTRUCTION
AND OPERATION OF THE NUTMEG WATER TANK; (PUBLIC SERVICES)
RECOMMENDATION: Approve the Lease Agreement with the Clarice Righetti
Trust for a portion of Trust property to be used for the construction of the
is Nutmeg Water Tank
A-12 PROCLAMATION DECLARING DECEMBER 4, 2011 AS ARBOR DAY;
(RECREATION & PARKS)
RECOMMENDATION: Adopt Proclamation.
A-13 APPROVAL OF A NEW LEASE AGREEMENT FOR LEASE SITE 144/144W,
BETWEEN THE CITY OF MORRO BAY AND CHARLES AND SANDRA
MARCIEL, DOING BUSINESS AS M&M REFRIGERATION, LOCATED AT
1287 EMBARCADERO; (HARBOR)
RECOMMENDATION: Adopt Resolution No. 77-11 approving a new lease
agreement for Lease Site 144/144W between the City of Morro Bay and Charles
and Sandra Marciel, doing business as M&M Refrigeration, located at 1287
Embarcadero.
Councilmember Smukler pulled Item A4 from the Consent Calendar; Mayor Yates pulled Item
A-5.
MOTION: Councilmember Johnson moved the City Council approve the Consent
Calendar with the exception of Items A4 and A-5. The motion was seconded
® by Councilmember Borchard and carried unanimously. (5-0)
® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — DECEMBER 13, 2011
A-4 QUARTERLY FINANCIAL STATUS REPORT FOR THE FISCAL YEAR
ENDED SEPT-EMBER 30, 2011; (ADMINISTRATIVE SERVICES)
Councilmember Smukler asked a question relating to the water fund and its expenditures.
Utilities/Capital Projects Manager Dylan Wade responded by giving an update on the water
fund and the projected water rates.
Administrative Services Director Susan Slayton responded the water fund in July of each
year pays for the State Water contract.
MOTION: Councilmember Smukler moved the City Council approve Item A-4 of the
Consent Calendar. The motion was seconded by Councilmember Johnson and
carried unanimously. (5-0)
A-5 APPROVAL OF AMENDMENT #1 TO THE LEASE AGREEMENT FOR LEASE
SITE 110-112/110W-112W, AND 20' OF THE EASTERLY PORTION OF 111.5W,
0 BETWEEN THE CITY OF MORRO BAY AND GAFCO INC., LOCATED AT
1185 EMBARCADERO, AND AMENDMENT #1 TO THE LEASE AGREEMENT
FOR LEASE SITE 124-128/124W-128W AND 113W, BETWEEN THE CITY OF
MORRO BAY AND SEA ONE SOLUTIONS LLC, LOCATED AT 1215
EMBARCADERO;(HARBOR)
Mayor Yates pulled this item in order for Councilmember Leage to step down due to a conflict
of interest with this item.
Councilmember Leage stepped down from the dais.
MOTION: Councilmember Borchard moved the City Council approve Item A-5 of the
Consent Calendar. The motion was seconded by Councilmember Johnson and
carried with Councilmember Leage abstaining. (4-0-1)
Mayor Yates called for a break at 6:57 p.m.; the meeting resumed at 7:15 p.m.
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MINUTES - MORRO BAY CITY COUNCIL
01 REGULAR MEETING — DECEMBER 13, 2011
B. PUBLIC HEARINGS. REPORTS & APPEARANCES
B-1 APPEAL OF THE PLANNING COMMISSION'S DECISION TO
CONDITIONALLY APPROVE CONDITIONAL USE PERMIT UPO-233 AND
COASTAL DEVELOPMENT PERMIT CPO-285 WHICH ALLOWED THE
CONSTRUCTION OF A NEW 2-STORY, SPLIT LEVEL, 3,256-SQUARE FOOT
RESIDENTIAL STRUCTURE INCLUDING AN ATTACHED 2-CAR 920-
SQUARE FOOT GARAGE, 745-SQUARE FEET OF DECKING DECKS, AND A
711-SQUARE FOOT SECONDARY LIVING UNIT; (PUBLIC SERVICES)
Planning Manager Kathleen Wold stated the project as described above was heard at a duly
noticed public hearing on October 5, 2011 before the Planning Commission. During this
meeting staff presented a report which provided project details including the environmental
assessment, the proposed improvements including the house, the second unit, garage and
access way and vegetation removal. The Planning Commission also took public testimony
which included six individuals speaking in opposition of the project and five individuals
speaking in favor of the project. Subsequent to the Planning Commission action and within
the designated time frame, four appeals were filed requesting the City Council overturn the
® approval of the project. Staff' has reviewed the information contained within the appeal
documents and found that there is no new material contained within these documents which
would alter staffs recommendation for this project to be approved as conditioned. Ms. Wold
stated due to the insufficient information provided by the appellants to demonstrate that the
Planning Commission's findings or their approval were in error, staff therefore finds that the
appeals are without merit and recommend the City Council deny the appeals and uphold the
Planning Commission's approval of Conditional Use Permit UPO-233 and Coastal
Development Permit CPO-285 subject to the Findings and the Conditions of Approval.
Julian Smalley, appellant addressed his reasons for appealing this project. He said the project
is fraught with potential future conflicts and in direct conflict with values espoused within the
City's Local Coastal Plan. He noted the project plans do not provide for sufficient
indemnification should neighbor properties suffer damage during blasting, grading, or rock
removal. Mr. Smalley stated this project is divisive for the community, and approval would
constitute poor stewardship of the City's ecological and cultural assets. Mr. Smalley
encouraged the City Council to recognize Cerrito Peak as the singular asset it is, replete with
wildlife and history, and requested Council to uphold the appeals before them and deny the
development plans submitted for Cerrito Peak.
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® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — DECEMBER 13, 2011
Nicole Dorfman, appellant, requested the City Council disregard the Mitigated Negative
Declaration and require that an Environmental Impact Report be provided on this
development. She stated there are two flaws in the study: 1) that this development is not
visible from Scenic Highway 1; and 2) adverse affects on geology and soils; a detailed rock
fall investigation must be performed on this development, risk reduction measures on
adjacent properties, and long-term maintenance. Ms. Dorfman stated she supports private
property owners' rights to develop their property_ within the rules and regulations of the land;
however, she strongly objects to public domain being appropriated to serve for the
infrastructure of the home.
Kevin Elder, representing appellant Nancy Mellen, requested the Mitigated Negative
Declaration and project be denied and not allowed to move forward. He discussed the
surrounding project site as open space which is much like a public park and should not be
destroyed with a development such as this. Mr. Elder noted the plans and elevations of this
development are not detailed enough. He requested the City Council decline to approve the
Mitigated Negative Declaration and decline to approve the project without preparation of an
Environment Impact Report.
® John Thompson, appellant, stated the site map does not clearly show where the development
will be located and where the grading will take place. He also noted the public does not
know what the permanent significant impact would be on the wildlife and wider
environment. Mr. Thompson stated the documents provided by the City revealed that the
development would be located on soil that is unstable or would become unstable as a result
of the project and could result in a potential landslide. He said there is evidence for potential
significant impacts and an Environmental Impact Report should be provided on this
development.
Cathy Novak, representing the applicant, stated the appellants raise several legal concerns
including the appropriateness of a Mitigated Negative Declaration versus an Environmental
Impact Report. I will defer to the letter submitted by William Walter dated December 11,
2011 to discuss these items for the record and forego any other comments. She said the
project plans as presented provide detailed information with topographic information,
elevations, contour points, finished floor and height information that defines the location of
the house, driveway, fencing, retaining walls and other pertinent information. The City has
consistently required that projects provide sufficient details in order to evaluate projects for
potential impacts and zoning compliance. The final designs will be prepared, reviewed and
approved by licensed professionals and ultimately this project will be required to meet all the
regulations. The appellants allege that the biological resource evaluations are invalid,
misleading to the public and lack complete information regarding sensitive or special status
species, in particular the Monarch Butterfly, migratory birds and rare plants.
E?
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — DECEMBER 13, 2011
The Fish and Game stated that "no rare plants were detected on the Project site without the
actual. rare plant surveys being conducted." Furthermore, the Department states that
appropriate avoidance measures for tree removal during migratory bird nesting season were
not included within the document. The Department continued with recommendations that
include tree removal outside the nesting season of February to September, or if this cannot be
avoided then a qualified biologist would need to survey the project site, provide findings and
protection measures if necessary. In reference to the Monarch Butterfly, during a biological
assessment prepared by Mr. David Wolff, he notes that this would be considered a small
winter roost aggregation as compared to 21,000 currently at the Pismo Beach winter roost
site. He concludes his report by stating that while the site is used by the monarch butterfly, it
does not support a substantial autumnal or winter roosting site. In his professional opinion,
given the results of the autumn and winter roost surveys conducted on the project site and
required tree replacement mitigation, potential impacts on the monarch butterfly would be
considered to be at a less -than -significant level. There are three basic phases of concern to
the developer, landowner, and the City. Phase One is an inventory of cultural resources and
generally consists of a records search, a pedestrian field survey, and a written report. Phase
Two is an evaluation of cultural resources and the purpose of this phase is to determine
whether a cultural resource is "significant" as outlined in CEQA. Usually this will include
® test excavation pits and the goal is to determine the site boundaries, an assessment of the
site's integrity, and an evaluation of the site's importance or significance through a study of
its features and artifacts. A Phase Three is data recovery. These reports and evaluations are
used by the City to assess the environmental impacts of a project. With this project, the
archeologist concluded in his Phase I report that based upon his investigation the preliminary
evidence suggests that this is a significant resource. A follow up letter by the applicant was
provided to the City in December 2010 that acknowledged the site contains a unique
archeological resource and for the City to proceed with identifying the appropriate measures
to mitigate the impacts. Since this option to acknowledge the site as being significant was
proposed prior to the circulation of the Mitigated Negative Declaration and Initial Study, the
project impact discussion was treated as such and the mitigation measures were established
based upon the assumed significance. Therefore, the mitigation measures contained in the
Mitigated Negative Declaration are not relying on future studies that would provide any
additional information to determine if this site is a significant cultural resource. Furthermore,
appropriate mitigation measures allowed under State law include construction monitoring,
data recovery and avoidance. Ms. Novak stated the applicant provided all the necessary
plans and studies for evaluation in the Mitigated Negative Declaration and Initial Study.
This project has undergone a rigorous analysis over several years by the City.and appropriate
mitigation measures and project conditions have been included to meet CEQA requirements
and were ultimately approved by the Planning Commission. She requested the City Council
deny the four appeals and uphold the Planning Commission's approval of the Coastal
Development Permit, Conditional Use Permit and Mitigated Negative Declaration along with
® the inclusion of the language to Environmental Condition 97 for clarity purposes only
7
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — DECEMBER 13, 2011
Mayor Yates opened the hearing for public comment.
The following people spoke in support of the appeals filed in opposition to the Planning
Commission's approval of Conditional Use Permit UPO-233 and Coastal Development
Permit CPO-285 subject to the Findings and the Conditions of Approval for the Jordan
Terrace/Cerrito Peak Residential Project: Gloria Velasquez, David Nelson, Krista Kendall,
Dorothy Cutter, Chris Bellano, Jessica Griffiths, Michael Lucas, Fred Collins, Bill Quigley,
Berta Parrish (read a letter from a long-time resident), Don Boatman (read a letter from
Dawn Borst), Eric Meyer, Sequoia (no last name), Barbara Jo Osborne, Mary Ann - no last
name (read a letter from Roger Case), Abe Perlstine, Dave Shoemaker, Carina Cardin, Kate
Martin, Andrew Christie, Betty Winholtz, Manzar Foroohar, Monique Black, Joe Moms, and
Roger Ewing.
The following people expressed respect for the wildlife that surrounds Morro Bay and the
Native American sacred lands; however, they also expressed support for property rights and
requested the City Council uphold the Planning Commission's approval of this residential
project: Garry Johnson, Jessica Napier, John Finesse, William Dolmovic, John Barta, and
Ken Vesterfelt.
® Mayor Yates closed the hearing for public comment.
Mayor Yates called for a break at 9:06 p.m.; the meeting resumed at 9:25 p.m.
Councilmember Smukler referred to Exhibit B (Standard Conditions) #5 — Hold Harmless;
and suggested adding the following sentence based on the City Attorney's advice, inserted
before the last paragraph: "Applicant understands and acknowledges the City is under no
obligation to defend any legal actions challenging the City's actions with respect to the
project." Councilmember Smukler also referred to Exhibit B (Standard Conditions) 93 —
Chanees, and suggested the following amendments: "Miner All changes to the project shall
be subject to review and approval by the Public Services Director. Any changes to the
approved project deteFtnined fiet to be minef by the Difeete shall require the filing of an
amendment subject to Planning Commission review." Councilmember Smukler referred to
the replanting of trees and said he disagrees that the City has mitigated that issue stating that
the replanting of 5-gallon trees is not going to establish a healthy habitat on the landscape
based on the loss of trees removed. He said the replanting ratio should be increased within
the public right-of-way. Councilmember Smukler referred to the public access and asked
about the prescriptive rights.
10
® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — DECEMBER 13, 2011
Mayor Yates stated he supports the two -to -one tree replacement ratio. He said he does not
support bringing minor changes to the Planning Commission noting he has faith in the Public
Services Director to manage these changes. Mayor Yates stated he does support the
additional language to Standard Condition #5 - Hold Harmless. He said there will be no
blasting; and referred to the concern about drainage noting there is an engineer on staff that
only handles drainage work. Mayor Yates stated there will be 270 trees left on the peak
which will house butterflies. He said Cerrito Peak is private property, and this is a private
property rights issue. Mayor Yates stated if the public does not want this built on then they
should agree that this be purchased by the City as open space. He said he will be voting to
deny all four appeals and uphold the Planning Commission's approval of Conditional Use
Permit UPO-233 and Coastal Development Permit CPO-285.
Councilmember Borchard stated she supports the additional language to Standard Condition
45 - Hold Harmless. She said she does not agree to the amendment to bring minor changes to
the Planning Commission stating the Public Services Director is able to make a
determination on what constitutes a minor change. Councilmember Borchard stated she also
supports the two -to -one tree replacement ratio stating any more than that will block view
sheds.
® Councilmember Johnson stated she also supports the additional language to Standard
Condition 95 - Hold Harmless. She does not support the change to Standard Condition 93 —
Changes. Councilmember Johnson stated this is about property rights, and this property
owner has been paying taxes on this property. She said she will be voting to deny the
appeals and support the Planning Commission's approval of Conditional Use Permit UPO-
233 and Coastal Development Permit CPO-285.
r\
U
Councilmember Leage stated this is about property rights. He said he would prefer this
property be sold to someone other than the City who would dedicate it as open space.
Councilmember Smukler referred to the Coastal Commission's letter received by Council,
second paragraph confirming the legality of this lot, and asked staff for the record if the City
followed the process and reviewed the historic records.
Public Services Director Rob Livick responded a couple of years ago the City issued a
Certificate of Compliance on this lot confirming that it is a legal lot which was recorded in
2004/2005.
11
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — DECEMBER 13, 2011
MOTION: Councilmember Borchard moved the City Council deny the appeal and uphold
the Planning Commission's approval of Conditional Use Permit UPO-233 and
Coastal Development Permit CPO-285 subject to the Findings in Exhibit "A"
and the Conditions of Approval in Exhibit `B"; and, to include the addition
submitted by the applicant's agent of the two (2) Environmental Conditions
(97 — Supplemental Text); and, to add the additional language to Standard
Condition #5 - Hold Harmless as submitted by Councilmember Smukler. The
motion was seconded by Mayor Yates and carried with Councilmember
Smukler voting no. (4-1)
MOTION: Councilmember Borchard moved the City Council approve the Mitigated
Negative Declaration for Conditional Use Permit UPO-233 and Coastal
Development Permit CPO-285 (Jordan Terrace/Cerrito Peak Residential
Project.) The motion was seconded by Councilmember Johnson and carried
with Councilmember Smukler voting no. (4-1)
B-2 REVIEW AND PROVIDE RECOMMENDATIONS FOR THE CITY OF MORRO
® BAY SIGN CODE BASED ON WORKSHOP AND SURVEY RESULTS; (PUBLIC
SERVICES)
Mayor Yates continued this item to the January 10, 2012 City Council meeting.
B-3 REVIEW AND ADOPT DRAFT FUNDING RECOMMENDATIONS FOR THE
2012 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDS;
(PUBLIC SERVICES)
Public Services Director Rob Livick stated the CDBG fund is a flexible program providing
communities with resources .to address a wide range of unique community development
needs. The program works to ensure decent, affordable housing; to provide services for
members of our community; and to create jobs through expansion and retention of
businesses. On May 24, 2011, the City of Morro Bay agreed to join with the Urban County
of San Luis Obispo, which is a consortium of participating jurisdictions that includes San
Luis Obispo County and the Cities of Paso Robles, Atascadero, San Luis Obispo and Arroyo
Grande for the purpose of receiving and allocating CDBG funds. The 2012 CDBG award
process began in the fall of 2011. The first of two workshops were held throughout the
County to solicit public comment on community needs. A needs workshop was held in
Morro Bay on September 20, 2011 at the Community Center. The County published a
request for CDBG proposals and the City received ten (10) applications. Total funding is
anticipated to be approximately $93,405. Final funding amounts will be released by the
Department of Housing and Community Development (HCD) in early 2012.
12
® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — DECEMBER 13, 2011
E
Mr. Livick recommended the City Council review and adopts draft funding
recommendations for the 2012 Community Development Block Grant funds; specifically the
funding of the two requests from the City of Morro Bay.
Mayor Yates opened the hearing for public comment.
John Barta stated there are a lot of items on the menu, not just the sidewalks to repair that the
City Council might want to consider.
Mayor Yates closed the hearing for public comment.
MOTION: Councilmember Borchard moved the City Council: 1) adopt the draft funding
recommendations for the 2012 Community Development Block Grant funds
and forward recommendations to the San Luis Obispo County Board of
Supervisors for inclusion with the other requests from the Urban County
Consortium; 2) forward the two items from the City. of Morro Bay: a) the
barrier removal (ADA) project estimated at $74,724; and, b) program
administration at $18,681, for a total of $93,405; and 3) authorize the City
Manager to make pro rata adjustments to the allocation based on final funding
amount from San Luis Obispo County. The motion was seconded by
Councilmember Johnson and carried unanimously. (5-0)
C. UNFINISHED BUSINESS — None.
D. NEW BUSINESS
D-1 REQUEST TO UTILIZE $600,000 OF THE AFFORDABLE HOUSING IN LIEU
FUNDS FOR THE PROJECT LOCATED AT 555 MAIN STREET;
(ADMINISTRATION)
City Manager Andrea Lueker stated the City's Affordable Housing In Lieu account balance
is approximately $650,000. Approximately $200,000 was allocated to a workforce housing
project on Teresa Drive, and $400,000 allocated to the project at 555 Main Street. Several
months ago, the City was notified that the Teresa Drive project was not moving forward, and
the applicant had released those previously dedicated funds. Subsequently, staff has been
contacted by the applicant for the 555 Main Street project about the possibility of allocating
the disencumbered $200,000 to the project at 555 Main Street. Staff has been informed that
the applicant is interested in purchasing the property at 555Main Street, and is hoping to
close escrow by the December 31, 2011. Should the City Council authorize the use of the
$600,000, staff will enter into negotiation on the terms and conditions of the loan.
13
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — DECEMBER 13, 2011
Ms. Lueker recommended the City Council authorize utilization of $600,000 of the
Affordable Housing In -Lieu Funds for the project located at 555 Main Street.
MOTION: Councilmember Smukler moved the City Council authorize utilization of
$600,000 of the Affordable Housing In -Lieu Funds for the project located at
555 Main Street. The motion was seconded by Councilmember Johnson and
carried unanimously. (5-0)
E. DECLARATION OF FUTURE AGENDA ITEMS
Mayor Yates requested to agendize a discussion on a fee waiver on impact fees for
residential building for five years; Councilmember Borchard, Councilmember Johnson, and
Councilmember Leage concurred.
Mayor Yates requested to agendize a discussion on the concept of a roundabout at the
intersection of Highway 41 and Main Street; Councilmember Johnson and Councilmember
Leage concurred.
® Mayor Yates requested to agendize a discussion on rescinding the resolution on larger lease
site policies for waterfront development — there was no Council support.
Councilmember Smukler requested to agendize a discussion on the closure of North
Atascadero Beach; Mayor Yates, Councilmember Borchard, and Councilmember Johnson
concurred.
Councilmember Smukler requested to agendize a discussion on PG&E and their process with
City street trees — Mayor Yates, Councilmember Borchard and Councilmember Johnson
concurred.
Councilmember Borchard requested to agendize a discussion on Jessica's Law — Mayor
Yates and Councilmember Johnson concurred.
ADJOURNMENT
The meeting adjourned at 10:54 p.m.
Recorded by:
Brid ettding U
® g g
City Clerk
14
City of Morro Bay
Morro Bay, CA 93442
(805) 772-6200
NOTICE OF SPECIAL
CLOSED SESSION MEETING
NOTICE IS HEREBY GIVEN that the Morro Bay City Council will
be holding a Special Meeting on Thursday, December 1, 2011 at 9:00
a.m. to be held in the City Hall Conference Room located at 595 Harbor
Street, Morro Bay, California. The City Council will be discussing the
following items:
CS-1 GOVERNMENT CODE SECTION 54956.9(A); CONFERENCE WITH
® LEGAL COUNSEL REGARDING PENDING LITIGATION: STATUS
REPORT ON ALL PENDING LI77GAT/ON. 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 of
the following real property:
• Property: Chorro Valley Property
Negotiating Parties: Chorro Valley Property Owners and City of Morro Bay
Negotiations: Water Rights
• Property: Dynegy Outfall Lease
Negotiating Parties: Dynegy and City of Morro Bay
Negotiations: Lease Terms and Conditions
• Property: 552 Dunes Street
Negotiating Parties: Shearer and City of Morro Bay.
Negotiations: Voluntary Purchase and Sale
L-
• Property: SEC Embarcadero/Harbor
Negotiating Parties: Hartzell and City of Morro Bay.
Negotiations: Voluntary Purchase and Sale
• Property: 1700 Embarcadero
Negotiating Parties: Claassen and City of Morro Bay.
Negotiations: Lease Terms and Conditions
• Property: 144/144W; 1287 Embarcadero
Negotiating Parties: M&M Refrigeration and City of Morro Bay.
Negotiations: Lease Terms and Conditions.
• Property: Lease Site 113W, 124-128/124W-128W; 1215 Embareadero
Negotiating Parties: Sea One Solutions and City of Morro Bay.
Negotiations: Lease Terms and Conditions
• Property: Lease Site 110/110W-112/112W; 1185 Embarcadero
Negotiating Parties: GAFCO and City of Morro Bay
Negotiations: Lease Terms and Conditions
DATED: November 28, 2011
IN COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT, IF
YOU NEED SPECIAL ASSISTANCE TO PARTICIPATE IN A CITY MEETING,
PLEASE CONTACT THE CITY CLERK'S OFFICE AT LEAST 24 HOURS
PRIOR TO THE MEETING TO INSURE THAT REASONABLE
ARRANGEMENTS CAN BE MADE TO PROVIDE ACCESSIBILITY TO THE
MEETING.
11
City of Morro Bay
® F Mere Bay, CA 93442
(805) 772-6200
C
CITY OF MORRO BAY
CITY COUNCIL
NOTICE OF CANCELED MEETING
THE REGULAR CITY COUNCIL MEETING
SCHEDULED FOR
TUESDAY, NOVEMBER 22, 2011
HAS BEEN CANCELED
The next regularly scheduled meeting will be held on
Tuesday. December 13, 20119 6:00 p.m., Veterans Hall.
® FINANCE ADMINISTRATION
595 Harbor Street 595 Harbor Street
HARBOR DEPT.
1275 Embarcaderu Road
CITY ATTORNEY
955 Shasta Avenue
FIRE DEPT.
715 Harbor Street
POLICE DEPT.
870 Morro Bav Boulevard
PUBLIC SERVICES
955 Shasta Avenue
RECREATION & PARKS
1001 Kennedv Wav
® 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 — TUESDAY, NOVEMBER 8, 2011
CLOSED SESSION — TUESDAY, NOVEMBER 8, 2011
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 evaluation, specifically the City Attorney.
IT IS NOTED THAT THE CONTENTS OF CLOSED SESSION MEETINGS
ARE CONFIDENTIAL AND EXEMPT FROM DISCLOSURE.
® PUBLIC SESSION — TUESDAY, NOVEMBER 8, 2011
VETERANS MEMORIAL HALL - 6:00 P.M.
209 SURF ST., MORRO BAY, CA
ESTABLISH QUORUM AND CALL TO ORDER
MOMENT OF SILENCE
PLEDGE OF ALLEGIANCE
MAYOR AND COUNCILMEMBERS ANNOUNCEMENTS & PRESENTATIONS
CLOSED SESSION REPORT
PUBLIC COMMENT PERIOD - Members of the audience wishing to address the Council on
City business matters (other than Public Hearing items under Section B) may do so at this
time.
To increase the effectiveness of the Public Comment Period, the following rules shall be
followed:
• When recognized by the Mayor, please come forward to the podium and state your
name and address for the record. Comments are to be limited to three minutes.
• All remarks shall be addressed to Council, as a whole, and not to any individual
member thereof.
• The Council respectfully requests that you refrain from making slanderous,
profane or personal remarks against any elected official, commission and/or staff.
® • Please refrain from public displays or outbursts such as unsolicited applause,
comments or cheering.
• Any disruptive activities that substantially interfere with the ability of the City
Council to carry out its meeting will not be permitted and offenders will be
requested to leave the meeting.
• Your participation in City Council meetings is welcome and your courtesy will be
appreciated.
In compliance with the Americans with Disabilities Act, if you need special assistance to
participate in this meeting, please contact the City Clerk, (805) 772-6205. Notification 24
hours prior to the meeting will enable the City to make reasonable arrangements to ensure
accessibility to this meeting.
A. CONSENT CALENDAR
Unless an item is pulled for separate action by the City Council, the following actions are
approved without discussion.
A -I APPROVAL OF MINUTES FOR THE REGULAR CITY COUNCIL MEETING OF
OCTOBER 25, 2011; (ADMINISTRATION)
RECOMMENDATION: Approve as submitted.
4
11
A-2 AUTHORIZATION TO SUBMIT APPLICATIONS FOR CALRECYCLE GRANTS
FOR RUBBERIZED PAVING; (PUBLIC SERVICES)
RECOMMENDATION: Adopt Resolution No. 71-11 authorizing the Public Services
Director to pursue the submittal of applications to CatRecycle for all grants for
which the City of Morro Bay is eligible.
A-3 APPROVE THE ADOPTION OF ORDINANCE NO. 574 AUTHORIZING AN
AMENDMENT TO THE CONTRACT BETWEEN THE CITY COUNCIL OF THE
CITY OF MORRO BAY AND THE BOARD OF ADMINISTRATION OF THE
CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM (GOVERNMENT
CODE SECTION 20475 - DIFFERENT LEVEL OF BENEFITS), SECTION 21353
(2% @ 60 FORMULA), AND SECTION 20037 (THREE YEAR FINAL
COMPENSATION) FOR LOCAL MISCELLANEOUS MEMBERS ONLY;
(ADMINISTRATIVE SERVICES)
RECOMMENDATION: Adopt Ordinance No. 574.
A4 APPROVAL OF THE LEGAL ASSISTANT/DEPUTY CITY CLERK AND
ACCOUNTING TECHNICIAN JOB DESCRIPTIONS AND AUTHORIZATION TO
HIRE AN ACCOUNT CLERK I/II; (ADMINISTRATION)
RECOMMENDATION: Approve two new job descriptions, the Legal
Assistant/Deputy City Clerk and the Accounting Technician; and, authorize the
hiring of an Account Clerk I/H position at % time.
B. PUBLIC HEARINGS. REPORTS & APPEARANCES
B-1 APPEAL OF THE PLANNING COMMISSION'S DECISION TO
CONDITIONALLY APPROVE CONDITIONAL USE PERMIT UPO-233 AND
COASTAL DEVELOPMENT PERMIT CPO-285 WHICH ALLOWED THE
CONSTRUCTION OF A NEW 2-STORY, SPLIT LEVEL, 3,256-SQUARE FOOT
RESIDENTIAL STRUCTURE INCLUDING AN ATTACHED 2-CAR 920-
SQUARE FOOT GARAGE, 745-SQUARE FEET OF DECKING DECKS, AND A
711-SQUARE FOOT SECONDARY LIVING UNIT; (PUBLIC SERVICES)
RECOMMENDATION: Continue this item to the December 13, 2011 City Council
meeting due to noticing requirements.
B-2 ORDINANCE NO. 575 AMENDING MORRO BAY MUNICIPAL CODE
SECTION 5.04.330 REGARDING THE PROCEDURE FOR SUBMITTING
CERTAIN BUSINESS LICENSE APPLICATIONS TO THE CHIEF OF POLICE
AND CITY COUNCIL - INTRODUCTION AND FIRST READING; (CITY
ATTORNEY)
RECOMMENDATION: Approve the introductionand first reading of Ordinance
No. 575, by number and title only, amending Morro Bay Municipal Code Section
5.04.330.
3
C. UNFINISHED BUSINESS — NONE.
® D. NEW BUSINESS
D-I DISCUSSION OF IMPROVEMENTS FOR PEDESTRIAN ACCESS FROM THE
"ROCK" PARKING AREA TO THE BEACH; (PUBLIC SERVICES)
RECOMMENDATION: Discuss the potential project and provide direction to staff
to schedule this item for review at the Recreation and Parks Commission and the
Public Works Advisory Board and return to City Council with
recommendations.
E. DECLARATION OF FUTURE AGENDA ITEMS
F. 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.
MATERIALS RELATED TO AN ITEM ON THIS AGENDA SUBMITTED TO THE
® CITY COUNCIL AFTER DISTRIBUTION OF THE AGENDA PACKET ARE
AVAILABLE FOR PUBLIC INSPECTION AT CITY HALL LOCATED AT 595
HARBOR STREET DURING NORMAL BUSINESS HOURS OR AT THE
SCHEDULED MEETING.
1
V.
MINUTES - MORRO BAY CITY COUNCIL
® CLOSED SESSION —NOVEMBER 8, 2011
CITY HALL CONFERENCE ROOM - 5:00 P.M.
Mayor Yates called the meeting to order at 5:00 p.m.
PRESENT: William Yates Mayor
Carla Borchard Councilmember
Nancy Johnson Councilmember
George Leage Councilmember
Noah Smukler Councilmember
STAFF: Andrea Lueker City Manager
Robert Schultz City Attorney
CLOSED SESSION
Mayor Yates adjourned the meeting to Closed Session and read the Closed Session Statement.
Mayor Yates read the Closed Session Statement.
CS-1 GOVERNMENT CODE SECTION 54957; PERSONNEL ISSUES
Discussions regarding Personnel Issues including one (1) public employee
® regarding evaluation, specifically the City Attorney.
The meeting adjourned at 5:50 p.m.
MINUTES - MORRO BAY CITY COUNCIL
® REGULAR MEETING — NOVEMBER 8, 2011
VETERANS MEMORIAL HALL - 6:00 P.M
Mayor Yates called the meeting to order at 6:00 p.m.
PRESENT: William Yates Mayor
Carla Borchard Councilmember
Nancy Johnson Councilmember
George Leage Councilmember
Noah Smukler Councilmember
STAFF: Andrea Lueker
Robert Schultz
Bridgett Kessling
Eric Endersby
Rob Livick
Bryan Millard
Mike Pond
Susan Slayton
Joe Woods
City Manager
City Attorney
City Clerk
Harbor Operations Manager
Public Services Director
Police Commander
Fire Chief
Administrative Services Director
Recreation & Parks Director
ESTABLISH QUORUM AND CALL TO ORDER
® MOMENT OF SILENCE
PLEDGE OF ALLEGIANCE
MAYOR AND COUNCIL MEMBERS REPORTS, ANNOUNCEMENTS &
PRESENTATIONS
CLOSED SESSION REPORT - City Attorney Robert Schultz reported the City Council met
in Closed Session, and no reportable action under the Brown Act was taken.
PUBLIC COMMENT
Susan MacDonell, General Manager for MV Transportation announced -the trolley will
provide rides to and from the 14`s Annual Thanksgiving Dinner from 12:30 p.m. — 4:00 p.m.
She also reviewed the new Morro Bay Transit bus stops, routes and times.
Garry Johnson stated Santa Claus will be available for photographs at the Morro Bay
Merchant's Fair on November 27's; funds collected from the photographs will go towards the
San Luis Obispo County Women's Shelter. He also announced the Morro Bay Photo Expo is
scheduled for March 29, 2012 and on-line registration is available.
Craig Schmidt, Executive Director of the Morro Bay Chamber of Commerce, announced the
Lady Washington TO Ship will be in the Morro Bay harbor November 17's-20'b.
2
MINUTES - MORRO BAY CITY COUNCIL
® REGULAR MEETING — NO VEMBER 8, 2011
He also announced the Morro Bay Expo and Mixer in conjunction with the San Luis Obispo
Food Bank will be November 17's, and requested donations be made to help families
in need over the holidays. Mr. Schmidt thanked those who helped with the Downtown
Lighting Project.
Kevin Rice referred to the Air Pollution Control Board Dust Study stating it is not valid or
correct. He noted there are serious issues with dust problems with a 20,000 acre area and the
study focuses on 1,200 acres.
John Barta read a letter from Richard S. Otto to the Secretary of Commerce -in Washington
D.C. regarding obtaining a permit to build an incline railway and resort at Morro Rock in
1924. He also suggested people go out to the annual celebration at the Point San Luis
Lighthouse on December 10 th
.
Mayor Yates closed the hearing for public comment.
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 25, 2011; (ADMINISTRATION)
RECOMMENDATION: Approve as submitted.
A-2 AUTHORIZATION TO SUBMIT APPLICATIONS FOR CALRECYCLE GRANTS
FOR RUBBERIZED PAVING; (PUBLIC SERVICES)
RECOMMENDATION: Adopt Resolution No. 71-11 authorizing the Public Services
Director to pursue the submittal of applications to CalRecycle for all grants for
which the City of Morro Bay is eligible.
A-3 APPROVE THE ADOPTION OF ORDINANCE NO. 574 AUTHORIZING AN
AMENDMENT TO THE CONTRACT BETWEEN THE CITY COUNCIL OF THE
CITY OF MORRO BAY AND THE BOARD OF ADMINISTRATION OF THE
CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM
(GOVERNMENT CODE SECTION 20475 - DIFFERENT LEVEL OF BENEFITS),
SECTION 21353 (2% @ 60 FORMULA), AND SECTION 20037 (THREE YEAR
FINAL COMPENSATION) FOR LOCAL MISCELLANEOUS MEMBERS ONLY;
(ADMINISTRATIVE SERVICES)
0 RECOMMENDATION: Adopt Ordinance No. 574.
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — NO VEMBER 8, 2011
® A4 APPROVAL OF THE LEGAL ASSISTANT/DEPUTY CITY CLERK AND
ACCOUNTING TECHNICIAN JOB DESCRIPTIONS AND AUTHORIZATION
TO HIRE AN ACCOUNT CLERK UII; (ADMINISTRATION)
RECOMMENDATION: Approve two new job descriptions, the Legal
Assistant/Deputy City Clerk and the Accounting Technician; and, authorize the
hiring of an Account Clerk VH position at'/a time.
Councilmember Smukler pulled Item A4 from the Consent Calendar.
MOTION: Councilmeritber Smukler moved the City Council approve the Consent
Calendar with the exception of Item A-4. The motion was seconded by
Councilmember Borchard and carried unanimously. (5-0)
Councilmember Leage stepped out of the meeting.
A-4 APPROVAL OF THE LEGAL ASSISTANT/DEPUTY CITY CLERK AND
ACCOUNTING TECHNICIAN JOB DESCRIPTIONS AND AUTHORIZATION TO
HIRE AN ACCOUNT CLERK I/1I; (ADMINISTRATION)
Councilmember Smukler pulled this item in order for the City Manager to review the internal
® reorganization of the City's Administrative Services Department, and describe the job
description changes for public information.
MOTION: Councilmember Smukler moved the City Council approve Item A-4 of the
Consent Calendar. The motion was seconded by Councilmember Johnson and
the motion carried with Councilmember Leage absent. (4-0-1)
Councilmember Leage returned to his seat.
B. PUBLIC HEARINGS. REPORTS & APPEARANCES
B-1 APPEAL OF THE PLANNING COMMISSION'S DECISION TO
CONDITIONALLY APPROVE CONDITIONAL USE PERMIT UPO-233 AND
COASTAL DEVELOPMENT PERMIT CPO-285 WHICH ALLOWED THE
CONSTRUCTION OF A NEW 2-STORY, SPLIT LEVEL, 3,256-SQUARE FOOT
RESIDENTIAL STRUCTURE INCLUDING AN ATTACHED 2-CAR 920-
SQUARE FOOT GARAGE, 745-SQUARE FEET OF DECKING DECKS, AND A
711-SQUARE FOOT SECONDARY LIVING UNIT; (PUBLIC SERVICES)
MOTION: Councilmember Borchard moved the City Council continue this public
hearing to the December 13, 2011 City Council meeting. The motion was
seconded by Councilmember Johnson and carried unanimously. (5-0)
is 4
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — NOVEMBER 8, 2011
B-2 ORDINANCE NO. 575 AMENDING MORRO BAY MUNICIPAL CODE
SECTION 5.04.330 REGARDING THE PROCEDURE FOR SUBMITTING
CERTAIN BUSINESS LICENSE APPLICATIONS TO THE CHIEF OF POLICE
AND CITY COUNCIL - INTRODUCTION AND FIRST READING; (CITY
ATTORNEY)
City Attorney Robert Schultz stated Morro Bay Municipal Code (MBMC) Section 5.04.330
regulates and requires a separate City Council public hearing prior to the issuance of a
business license for the following businesses: arcade, carnival, circus, money lending,
pawnbroker, massage parlor, tent show and private patrol service. MBMC Section 5.04.330
also requires these businesses to annually undergo a public hearing before the City Council to
obtain renewal of their business license. Ordinance 575 would eliminate the annual public
hearing before the City Council for these businesses. The proposed amendments to MBMC
5.04.330 only relate to obtaining a business license. These businesses will still have to
comply with the requirements of approvals granted under the City's zoning code in regard to
use permits. Mr. Schultz recommended the City Council approve the introduction and first
reading of Ordinance No. 575, by number and title only, amending Morro Bay Municipal
Code Section 5.04.330.
Councilmember Smukler stated he voted in opposition to this item at the last City Council
® meeting due to concern with the public comment process; however, he has found there will
be time for public comment during the permit process.
Mayor Yates opened the hearing for public comment; there were no comments, and Mayor
Yates closed the hearing for public comment.
MOTION: Councilmember Johnson moved the City Council approve the introduction
and first reading of Ordinance No. 575, by number and title only, amending
Morro Bay Municipal Code Section 5.04.330 regarding the procedure for
submitting certain business license applications to the Chief of Police and City
Council. The motion was seconded by Councilmember Borchard and carried
unanimously. (5-0)
City Manager Andrea Lueker read Ordinance No. 575 by number and title only.
C. UNFINISHED BUSINESS — NONE.
5
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING —NOVEMBER 8, 2011
D. NEW BUSINESS
D-1 DISCUSSION OF IMPROVEMENTS FOR PEDESTRIAN ACCESS FROM THE
"ROCK" PARKING AREA TO THE BEACH; (PUBLIC SERVICES)
Public Services Director Rob Livick stated at the August 23, 2011 meeting of the City
Council, Councilmember Smukler requested that the subject of beach access from the Rock
parking lot down to the beach area near the "wet sand" be agenized and brought back to
Council for discussion. Improvements recommended in the approved Waterfront Master Plan
include a stair access from the parking lot to the beach level. Development of stairs for the
able bodied without accommodations for the disabled are problematic and could expose the
City to potential legal action under the American with Disabilities Act (ADA). In order to
comply with ADA, in addition to the stair way a ramp would need to be constructed to
accommodate both users. Development of a beach access ramp from the Rock parking lot to
the beach will need to meet the Federal Access Board requirements for beach access.
Additionally, the landing will need to be able to withstand the wave action during the winter
storm season. The area proposed for the development of the access is within the Coastal
Commission's original jurisdiction and will require a Coastal Permit issued by the California
Coastal Commission along with the required local permitting. Additionally, the project will
® require a specialized foundation design by an engineer with specialty in coastal engineering
due to the impact of wave action. Mr. Livick recommended the City Council discuss the
potential project and provide direction to staff to schedule this item for review at the
Recreation and Parks Commission and the Public Works Advisory Board and return to City
Council with recommendations.
Councilmember Smukler shared photographs taken by a citizen at the Morro Rock beach,
and discussed different options on how to provide the public with an access to the beach.
Councilmember Leage announced architects Bill and Toni Woody who drew plans for
improvements of the overall Morro Rock area. Mr. Woody reviewed the plans for Council
and the public's information. He said the design is proposed to be done in stages.
Councilmember Borchard stated it is a good conceptual plan. She referred to the Waterfront
Master Plan prepared by RRM Designs, and asked how this plan would work with the
Waterfront Master Plan.
Councilmember Johnson stated she supports both of these issues moving forward to the
City's Recreation & Parks Commission, Harbor Advisory Board and Public Works Advisory
Board as separate items. She said the proposed ramp should not be contingent on the
conceptual plan prepared by Mr. and Mrs. Woody. Councilmember Johnson stated the
conceptual plan should be considered as a contingency to the Coleman Park project.
P,
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — NOVEMBER 8, 2011
Councilmember Borchard stated she agrees that the ramp should be considered separately; it
is an issue of accessibility to the beach. The proposed concept plan is more of aesthetics and
should be considered with the other plans that have been prepared.
Mayor Yates stated both plans should move forward as separate items.
MOTION: Councilmember Smukler moved the City Council: 1) submit the ramp concept
to the Recreation & Parks Commission, Public Works Advisory Board and
Harbor Advisory Board for their comments and feedback; 2) staff begin initial
dialog with local engineers regarding the best placement of the ramp; and 3)
separately submit to the Recreation & Parks Commission, Public Works
Advisory Board, and Harbor Advisory Board the review of the Morro Rock
development in conjunction with the Target Rock and Coleman Park Concept
and Master Plans. The motion was seconded by Councilmember Johnson and
carried unanimously. (5-0)
E. DECLARATION OF FUTURE AGENDA ITEMS — None.
ADJOURNMENT
® The meeting adjourned at 7:17 p.m.
Recorded by:
Bridgett Kesslmg
City Clerk
El
® 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 — TUESDAY, OCTOBER 25, 2011
CLOSED SESSION — TUESDAY, OCTOBER 25, 2011
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 City Manager, the City's Designated
Representative, for the purpose of reviewing the City's position regarding the terms
and compensation paid to the City Employees and giving instructions to the
Designated Representative.
CS-2 GOVERNMENT CODE SECTION 54956.8; REAL PROPERTY
TRANSACTIONS. Instructing City's real property negotiator regarding the price and
terms of payment for the purchase, sale, exchange, or lease of real property as to one
(1) parcel.
CS-3
Property: 451 Embarcadero, Morro Bay, CA
Negotiating Parties: Reg Whibley and the City of Morro Bay
Negotiations: Lease Terms and Conditions
Discussions regarding Personnel Issues including one (1) public employee regarding
evaluation, specifically the City Attorney.
IT IS NOTED THAT THE CONTENTS OF CLOSED SESSION MEETINGS
® ARE CONFIDENTIAL AND EXEMPT FROM DISCLOSURE.
PUBLIC SESSION — TUESDAY, OCTOBER 25, 2011
VETERANS MEMORIAL HALL - 6:00 P.M.
209 SURF ST., MORRO BAY, CA
ESTABLISH QUORUM AND CALL TO ORDER
MOMENT OF SILENCE
PLEDGE OF ALLEGIANCE
MAYOR AND COUNCILMEMBERS ANNOUNCEMENTS & PRESENTATIONS
CLOSED SESSION REPORT
PUBLIC COMMENT PERIOD - Members of the audience wishing to address the Council on
City business matters (other than Public Hearing items under Section B) may do so at this
time.
To increase the effectiveness of the Public Comment Period, the following rules shall be
followed:
• When recognized by the Mayor, please come forward to the podium and state your
name and address for the record. Comments are to be limited to three minutes.
• All remarks shall be addressed to Council, as a whole, and not to any individual
member thereof.
• The Council respectfully requests that you refrain from making slanderous,
profane or personal remarks against any elected official, commission and/or staff.
® • Please refrain from public displays or outbursts such as unsolicited applause,
comments or cheering.
• Any disruptive activities that substantially interfere with the ability of the City
Council to carry out its meeting will not be permitted and offenders will be
requested to leave the meeting.
• Your participation in City Council meetings is welcome and your courtesy will be
appreciated.
n
In compliance with the Americans with Disabilities Act, if you need special assistance to
participate in this meeting, please contact the City Clerk, (805) 772-6205: Notification 24
hours prior to the meeting will enable the City to make reasonable arrangements to ensure
accessibility to this 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 THE MINUTES FOR THE REGULAR CITY COUNCIL
MEETING OF OCTOBER 11, 2011; (ADMINISTRATION)
RECOMMENDATION: Approve minutes as submitted.
2
® A-2 RESOLUTION TO APPROVE AMENDMENT #2 TO THE LEASE AGREEMENT
FOR LEASE SITE 50-51/50W-51W, LOCATED AT 451 EMBARCADERO,
BETWEEN REG WIMLEY AND THE CITY OF MORRO BAY; (HARBOR)
RECOMMENDATION: Adopt Resolution No. 70-11.
B. PUBLIC HEARINGS. REPORTS & APPEARANCES — NONE.
C. UNFINISHED BUSINESS — NONE.
D. NEW BUSINESS
D-1 CONSIDERATION OF AN AMENDMENT TO MORRO BAY MUNICIPAL CODE
SECTION 5.04.330 REGARDING THE PROCEDURE FOR SUBMITTING
CERTAIN BUSINESS LICENSE APPLICATIONS TO THE CHIEF OF POLICE
AND CITY COUNCIL; (CITY ATTORNEY)
RECOMMENDATION: Review the report and draft amendment to Morro Bay
Municipal Code Section 5.04.330 regarding the procedure for submitting certain
business license applications to the Chief of Police and City Council, and direct
staff to return with this item for introduction and first reading with any changes
suggested by Council.
® E. DECLARATION OF FUTURE AGENDA ITEMS
n
U
F. 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.
MATERIALS RELATED TO AN ITEM ON THIS AGENDA SUBMITTED TO THE
CITY COUNCIL AFTER DISTRIBUTION OF THE AGENDA PACKET ARE
AVAILABLE FOR PUBLIC INSPECTION AT CITY HALL LOCATED AT 595
HARBOR STREET DURING NORMAL BUSINESS HOURS OR AT THE
SCHEDULED MEETING.
t
® MINUTES - MORRO BAY CITY COUNCIL
CLOSED SESSION — OCTOBER 25, 2011
CITY HALL CONFERENCE ROOM - 5:00 P.M.
Mayor Yates called the meeting to order at 5:00 p.m
PRESENT: William Yates
Mayor
Carla Borchard
Councilmember
Nancy Johnson
Councilmember
George Leage
Councilmember
Noah Smukler
Councilmember
STAFF: Andrea Lueker
Susan Slayton
Jamie Boucher
Sue Lichtenbaum
CLOSED SESSION
City Manager
Administrative Services Director
Human Resource Analyst
Harbor Business Manager
Mayor Yates adjourned the meeting to Closed Session and read the Closed Session
Statement.
Mayor Yates read the Closed Session Statement.
® CS-1 GOVERNMENT CODE SECTIOr
LABOR NEGOTIATOR. Conference with City Manager, the City's Designated
Representative, for the purpose of reviewing the City's position regarding the
terms and compensation paid to the City Employees and giving instructions to the
Designated Representative.
CS-2 GOVERNMENT CODE SECTION 54956.8; REAL PROPERTY
TRANSACTIONS. Instructing City's real property negotiator regarding the
price and terms of payment for the purchase, sale, exchange, or lease of real
property as to one (1) parcel.
Property: 451 Embarcadero, Morro Bay, CA
Negotiating Parties: Reg Whibley and the City of Morro Bay
Negotiations: Lease Terms and Conditions
CS-3 GOVERNMENT CODE SECTION 54957; PERSONNEL ISSUES
Discussions regarding Personnel Issues including one (1) public employee regarding
evaluation, specifically the City Attorney.
0 The meeting adjourned at 5:50 p.m.
® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — OCTOBER 25, 2011
VETERANS MEMORIAL HALL - 6:00 P.M.
Mayor Yates called the meeting to order at 6:00 p.m.
PRESENT: William Yates
Mayor
Carla Borchard
Councilmember
Nancy Johnson
Councilmember
George Leage
Councilmember
Noah Smukler
Councilmember
STAFF: Andrea Lueker
City Manager
Jamie Boucher
Deputy City Clerk
Susan Lichtenbaum
Harbor Business Manager
Rob Livick
Public Services Director
Tim Olivas
Police Chief
Mike Pond
Fire Chief
Susan Slayton
Administrative Services Director
Joe Woods
Recreation & Parks Director
ESTABLISH QUORUM AND CALL TO ORDER
® MOMENT OF SILENCE
PLEDGE OF ALLEGIANCE
MAYOR AND COUNCIL MEMBERS REPORTS,
ANNOUNCEMENTS &
PRESENTATIONS
CLOSED SESSION REPORT - City Manager Andrea Lueker reported the City Council
met in Closed Session, and no reportable action under
the Brown Act was taken.
n
PUBLIC COMMENT
Wee of Wee Shack announced his new restaurant at 1698 Main Street. He said all food
served is fresh and they serve breakfast and lunch all day from 7:00 am-8:00 pm. He
thanked all of the local patrons who have come in to support his new establishment.
Matt Makowetski representing Project Surf Camp shared a PowerPoint show of this
year's event that took place in Morro Bay where special needs children come from all
over the nation to learn and play in the surf. .
John Taylor, Founder and Executive Director of Project Surf Camp stated this is a non-
profit organization started for special needs children. He said there were 281 campers
and 500 volunteers that participated at this year's event. Mr. Taylor stated this also
involves the families of the special needs children to promote a family leisure activity.
2
® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — OCTOBER 25, 2011
Liz Bednorz, Beach House Bistro announced the North Morro Bay Merchants Co-op will
be holding a Halloween Fair and Costume Party on October 301' at Spencers Market
parking lot. She said it is free with a donation to the Food Bank.
Craig Schmidt, Executive Director of the Chamber of Commerce announced the Business
Expo will be held on November 17's at the Morro Bay Community Center, and the
Lighted Boat Parade will be held on the evening of December 3rd.
Betty Winholtz referred to Item D-1 (Consideration of an Amendment to Morro Bay
Municipal Code Section 5.04.330 Regarding the Procedure for Submitting Certain
Business License Applications to the Chief of Police and City Council) stating the Mayor
has made several changes to the City's Municipal Code which narrows the democratic
process. She said this Ordinance eliminates public input on certain businesses that can
affect business neighborhoods and the reputation of our town. For this reason, the law
currently provides for public input through public review before the City Council.. Ms.
Winholtz stated the proposed change removes public input; changes the requirement for
background checks from "shall to may"; requires no annual review, and, it does not limit
the age of people who would be participating in these businesses. The proposed change
leaves all discretion to the Chief of Police who should not be the one responsible for
® setting the morals for the City. Ms. Winholtz requested the City Council not move
forward with this amendment to the Municipal Code.
Robert Schreiber referred to a tree at 508 Shasta Street that he would like removed
because it is a hazard. He said the City has done some pruning to the tree by removing
the inner branches which causes it to be more susceptible to the wind. Mr. Schreiber
stated he would like to be eligible to bid on the removal of this tree.
Mayor Yates closed the hearing for public comment.
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 THE MINUTES FOR THE REGULAR CITY COUNCIL
MEETING OF OCTOBER 11, 2011; (ADMINISTRATION)
RECOMMENDATION: Approve minutes as submitted.
3
® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — OCTOBER 25. 2011
A-2 RESOLUTION TO APPROVE AMENDMENT #2 TO THE LEASE
AGREEMENT FOR LEASE SITE 50-51/50W-51W, LOCATED AT 451
EMBARCADERO, BETWEEN REG WHIBLEY AND THE CITY OF MORRO
BAY; (HARBOR)
RECOMMENDATION: Adopt Resolution No. 70-11.
MOTION: Councilmember Borchard moved the City Council approve the Consent
Calendar. The motion was seconded by Councilmember Leage and carried
unanimously. (5-0)
B. PUBLIC HEARINGS, REPORTS & APPEARANCES — NONE.
C. UNFINISHED BUSINESS —NONE.
D. NEW BUSINESS
D-1 CONSIDERATION OF AN AMENDMENT TO MORRO BAY MUNICIPAL
® CODE SECTION 5.04.330 REGARDING THE PROCEDURE FOR
SUBMITTING CERTAIN BUSINESS LICENSE APPLICATIONS TO THE
CHIEF OF POLICE AND CITY COUNCIL; (CITY ATTORNEY)
l
Police Chief Tim Olivas stated Morro Bay Municipal Code (MBMC) Section 5.04.330 is
the current regulation for obtaining an Arcade business license. In addition to Arcades,
MBMC Section 5.04.330 also regulates the following businesses: carnival, circus, money
lending, pawnbroker, massage parlor, tent show and private patrol service. MBMC
Section 5.04.330 requires the above -referenced businesses to obtain a business license
from the City Council annually after a noticed public hearing. The proposed amendment
to MBMC Section 5.04.330 would eliminate the annual noticed public hearing
requirement for these businesses and instead require the approval from the Chief of
Police. Chief Olivas recommended the City Council review the draft amendment to
MBMC 5.04.330 regarding the procedure for submitting certain business license
applications to the Chief of Police, and direct staff to return this item to Council with an
Ordinance for Introduction and First Reading with any changes suggested by Council.
MOTION: Councilmember Borchard moved the City Council direct staff to return to
the City Council with an Ordinance for introduction and first reading
amending Morro Bay Municipal Code 5.04.330 as proposed in the staff
report. The motion was seconded by Councilmember Johnson.
M
® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — OCTOBER 25, 2011
Councilmember Smukler stated he will be voting in opposition to this motion. He said he
understands the case for the Police Chief to perform annual reviews on current businesses;
however, he finds that new businesses should go through the public process.
VOTE: The motion carried with Councilmember Smukler voting no. (4-1)
E. DECLARATION OF FUTURE AGENDA ITEMS
Councilmember Johnson requested to agendize a presentation by the Economic Vitality
Corporation regarding the current economic climate in San Luis Obispo County;
Councilmember Borchard and Councilmember Smukler agreed.
ADJOURNMENT
The meeting adjourned at 6:38 p.m.
Recorded by:
Jamie Boucher
Deputy City Clerk
5
® 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 — TUESDAY, OCTOBER 11, 2011
CLOSED SESSION — TUESDAY, OCTOBER 11, 2011
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 two (2) public employees regarding
evaluation, specifically the City Attorney and the City Manager.
IT IS NOTED THAT THE CONTENTS OF CLOSED SESSION MEETINGS
ARE CONFIDENTIAL AND EXEMPT FROM DISCLOSURE.
PUBLIC SESSION — TUESDAY, OCTOBER 11, 2011
® VETERANS MEMORIAL HALL - 6:00 P.M.
209 SURF ST., MORRO BAY, CA
ESTABLISH QUORUM AND CALL TO ORDER
MOMENT OF SILENCE
PLEDGE OF ALLEGIANCE
MAYOR AND COUNCILMEMBERS ANNOUNCEMENTS & PRESENTATIONS
CLOSED SESSION REPORT
PUBLIC COMMENT PERIOD - Members of the audience wishing to address the Council on
City business matters (other than Public Hearing items under Section B) may do so at this
time.
To increase the effectiveness of the Public Comment Period, the following rules shall be
followed:
• When recognized by the Mayor, please come forward to the podium and state your
name and address for the record. Comments are to be limited to three minutes.
• All remarks shall be addressed to Council, as a whole, and not to any individual
member thereof.
• The Council respectfully requests that you refrain from making slanderous,
profane or personal remarks against any elected official, commission and/or staff.
• Please refrain from public displays or outbursts such as unsolicited applause,
® comments or cheering.
• Any disruptive activities that substantially interfere with the ability of the City
Council to carry out its meeting will not be permitted and offenders will be
requested to leave the meeting.
• Your participation in City Council meetings is welcome and your courtesy will be
appreciated.
In compliance with the Americans with Disabilities Act, if you need special assistance to
participate in this meeting; please contact the City Clerk, (805) 772-6205. Notification 24
hours prior to the meeting will enable the City to make reasonable arrangements to ensure
accessibility to this 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 THE MINUTES FOR THE JOINT CITY COUNCIL/ PLANNING
COMMISSION MEETING ON SEPTEMBER 13, 2011, AND THE REGULAR
CITY COUNCIL MEETING OF SEPTEMBER 27, 2011; (ADMINISTRATION)
RECOMMENDATION: Approve minutes as submitted.
a]
2
A-2 ADOPTION OF ORDINANCE NO. 573 AMENDING CHAPTER 2.06 OF THE
® MORRO BAY MUNICIPAL CODE FROM COUNCILMEN TO
COUNCILMEMBERS AND ADDING SECTION 2.06.040 REGARDING
APPOINTMENT OF BOARDS AND COMMISSIONS; (CITY ATTORNEY)
RECOMMENDATION: Adopt Ordinance No. 573.
A-3 RESOLUTION NO. 69-11 INTENTION TO APPROVE AN AMENDMENT TO
THE CONTRACT BETWEEN THE BOARD OF ADMINISTRATION OF
CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM AND THE CITY
OF MORRO BAY - MISCELLANEOUS EMPLOYEES; (ADMINISTRATIVE
SERVICES)
RECOMMENDATION: Adopt Resolution No. 69-11.
B. PUBLIC HEARINGS. REPORTS & APPEARANCES
B-1 INTRODUCTION AND FIRST READING OF ORDINANCE NO. 574
AUTHORIZING THE AMENDMENT OF SECTION 20475 (DIFFERENT LEVEL
OF BENEFITS); SECTION 21353 (2% @ 60 FULL FORMULA); AND SECTION
20037 (THREE-YEAR FINAL COMPENSATION) FOR NEW HIRES IN THE
PERS MISCELLANEOUS GROUP — INTRODUCTION AND FIRST READING;
(ADMINISTRATIVE SERVICES)
® RECOMMENDATION: Approve introduction and first reading of Ordinance No.
574 by number and title only.
C. UNFINISHED BUSINESS — NONE.
D. NEW BUSINESS
D-1 DISCUSSION ON THE STATUS OF THE CITY RENTAL PROPERTY ON
SHASTA STREET; (RECREATION& PARKS)
RECOMMENDATION: Consider the high cost of renovating the real property at
983 and 985 Shasta Street and direct staff to proceed with demolition of each site.
D-2 DISCUSSION ON TOILET RETROFIT REBATE PROGRAM; (PUBLIC
SERVICES)
RECOMMENDATION: Review and discuss the City's Toilet Retrofit Rebate
Program and provide direction to staff on any changes.
D-3 STATUS REPORT ON MORRO ROCK PARKING LOT SOLID WASTE
SERVICE; (PUBLIC SERVICES)
® RECOMMENDATION: Receive report and provide direction as necessary.
3
E. DECLARATION OF FUTURE AGENDA ITEMS
0 F. ADJOURNMENT
►J
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.
MATERIALS RELATED TO AN ITEM ON THIS AGENDA SUBMITTED TO THE
CITY COUNCIL AFTER DISTRIBUTION OF THE AGENDA PACKET ARE
AVAILABLE FOR PUBLIC INSPECTION AT CITY HALL LOCATED AT 595
HARBOR STREET DURING NORMAL BUSINESS HOURS OR AT THE
SCHEDULED MEETING.
0
MINUTES - MORRO BAY CITY COUNCIL
® CLOSED SESSION — OCTOBER 11, 2011
CITY HALL CONFERENCE ROOM - 5:00 P.M.
Mayor Yates called the meeting to order at 5:00 p.m
PRESENT: William Yates
Mayor
Carla Borchard
Councilmember
Nancy Johnson
Councilmember
George Leage
Councilmember
Noah Smukler
Councilmember
STAFF: Andrea Lueker
City Manager
Robert Schultz
City Attorney
CLOSED SESSION
Mayor Yates adjourned the meeting to Closed Session and read the Closed Session
Statement.
Mayor Yates read the Closed Session Statement.
CS-1 GOVERNMENT CODE SECTION 54957; PERSONNEL ISSUES
® Discussions regarding Personnel Issues including two (2) public employees regarding
evaluation, specifically the City Attorney and the City Manager.
The meeting adjourned at 5:55 p.m. to Open Session and reconvened after Open Session
at the Veterans Memorial Hall located at 209 Surf Street, Morro Bay, CA.
n
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MINUTES - MORRO BAY CITY COUNCIL
® REGULAR MEETING — OCTOBER 11, 2011
VETERANS MEMORIAL HALL - 6:00 P.M.
Mayor Yates called the meeting to order at 6:10 p.m
PRESENT: William Yates
Mayor
Carla Borchard
Councilmember
Nancy Johnson
Councilmember
George Leage
Councilmember
Noah Smukler
Councilmember
STAFF: Andrea Lueker
Robert Schultz
Bridgett Kessling
Susan Lichtenbaum
Rob Livick
Tim Olivas
Mike Pond
Susan Slayton
Dylan Wade
Joe Woods
City Manager
City Attorney
City Clerk
Harbor Business Manager
Public Services Director
Police Chief
Fire Chief
Administrative Services Director
Utilities/Capital Projects Manager
Recreation & Parks Director
® ESTABLISH QUORUM AND CALL TO ORDER
MOMENT OF SILENCE
PLEDGE OF ALLEGIANCE
MAYOR AND COUNCIL MEMBERS REPORTS, ANNOUNCEMENTS &
PRESENTATIONS
CLOSED SESSION REPORT — Mayor Yates reported the City Council met in Closed
Session, and no reportable action under the Brown Act was taken; he noted the City
Council will adjourn the Open Session meeting to further discuss Closed Session.
PUBLIC COMMENT
Todd Gailey, Fire Engineer/Paramedic, announced Rescue Challenge 2011 will be held
on October 29d' at Coleman Park which is a fitness competition between the Morro Bay
Fire Department and the U.S. Coast Guard to raise funds for the Morro Bay Community
Foundation.
Steve Knuckles, Fire Captain/Paramedic, announced the Morro Bay Fire Department and
fire departments around the County, along with Carina Corral and Richard Gearhart from
KSBY TV will be participating in the 23`d Annual San Luis Obispo County Burn Relay
to support the Alisa Ann Ruch Burn Foundation by going to schools around the County
to teach children about fire safety and to raise funds for the Foundation.
Mayor Yates closed the hearing for public comment.
n
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MINUTES - MORRO BAY CITY COUNCIL
® REGULAR MEETING — OCTOBER 11, 2011
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 THE MINUTES FOR THE JOINT CITY COUNCIL/ PLANNING
COMMISSION MEETING ON SEPTEMBER 13, 2011, AND THE REGULAR
CITY COUNCIL MEETING OF SEPTEMBER 27, 2011; (ADMINISTRATION
RECOMMENDATION: Approve minutes as submitted.
A-2 ADOPTION OF ORDINANCE NO. 573 AMENDING CHAPTER 2.06 OF THE
MORRO BAY MUNICIPAL CODE FROM COUNCILMEN TO
COUNCILMEMBERS AND ADDING SECTION 2.06.040 REGARDING
APPOINTMENT OF BOARDS AND COMMISSIONS; (CITY ATTORNEY)
RECOMMENDATION: Adopt Ordinance No. 573.
A-3 RESOLUTION NO. 69-11 INTENTION TO APPROVE AN AMENDMENT TO
® THE CONTRACT BETWEEN THE BOARD OF ADMINISTRATION OF
CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM AND THE CITY
OF MORRO BAY- MISCELLANEOUS EMPLOYEES; (ADMINISTRATIVE
SERVICES)
RECOMMENDATION: Adopt Resolution No. 69-11.
MOTION: Councilmember Borchard moved the City Council approve the Consent
Calendar. The motion was seconded by Councilmember Johnson and carried
unanimously. (5-0)
B. PUBLIC HEARINGS. REPORTS & APPEARANCES
B-1 INTRODUCTION AND FIRST READING OF ORDINANCE NO. 574
AUTHORIZING THE AMENDMENT OF SECTION 20475 (DIFFERENT LEVEL
OF BENEFITS); SECTION 21353 (2% @ 60 FULL FORMULA); AND SECTION
20037 (THREE-YEAR FINAL COMPENSATION FOR NEW HIRES IN THE
PERS MISCELLANEOUS GROUP — INTRODUCTION AND FIRST READING;
(ADMINISTRATIVE SERVICES)
Administrative Services Director Susan Slayton stated the Resolution of Intention and
Ordinance are required by PERS in order to amend the PERS contract. PERS' procedure
® further requires the Ordinance not be finally adopted until 20 days have passed since the
adoption of the Resolution of Intention.
3
MINUTES - MORRO BAY CITY COUNCIL
® REGULAR MEETING — OCTOBER 11, 2011
U
Ms. Slayton recommended the City Council approve the introduction and first reading of
Ordinance No. 574, authorizing the amendment of Different Level of Benefits, 2% @ 60 Full
Formula and Three -Year Final Compensation for all newly -hired PERS miscellaneous
employees.
Mayor Yates opened the hearing for public comment; there were no comments, and Mayor
Yates closed the hearing for public comment.
MOTION: Councilmember Johnson moved the City Council approve the introduction and
first reading of Ordinance No. 574, authorizing the amendment of Different
Level of Benefits, 2% @ 60 Full Formula and Three -Year Final Compensation
for all newly -hired PERS miscellaneous employees. The motion was seconded
by Councilmember Borchard and carried unanimously. (5-0)
City Manager Andrea Lueker read Ordinance No. 574 by number and title only-
C. UNFINISHED BUSINESS — None.
D. NEW BUSINESS
D-I DISCUSSION ON THE STATUS OF THE CITY RENTAL PROPERTY ON
SHASTA AVENUE; (RECREATION & PARKS)
Recreation and Parks Director Joe Woods stated staff has inspected the current condition of
the real property at both 983 and 985 Shasta Avenue, and has found that both structures have
failing building systems and would be costly to repair. The residences are non -inhabitable due
to failing infrastructure, and extremely dilapidated building systems. Both structures contain
significant amounts of hazardous material, which by regulation; require specific handling,
which would have to be addressed should any repair work or demolition to occur. The option
of repair costs has doubled based on the deteriorating conditions of the buildings and
availability for a more thorough inspection due to the properties now being vacant: Staff feels
the benefit of removal of these structures would allow for City resources to be redirected. Mr.
Woods recommended the City Council consider the high cost of renovating the real property
at 983 and 985 Shasta Avenue and direct staff to proceed with demolition of each site.
MOTION: Mayor Yates moved the City Council direct staff to demolish the properties at
975, 983 and 985 Shasta Avenue; that the demolition leaves the ground ready
for a pocket park or community (garden) park; and, that staff includes the
installation of a hose bib on the property upon completion. The motion was
seconded by Councilmember Leage.
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MINUTES - MORRO BAY CITY COUNCIL
® REGULAR MEETING — OCTOBER 11, 2011
Mayor Yates amended his motion to include that this project will be brought to a conclusion
within six months. Councilmember Leage accepted the amendment to his second to the
motion.
VOTE: The motion carried unanimously. (5-0)
D-2 DISCUSSION ON TOILET RETROFIT REBATE PROGRAM; (PUBLIC
SERVICES)
Utilities/Capital Projects Manager Dylan Wade stated this item is being brought to the City
Council for discussion on how or if to pursue the retrofit rebate program. Some potential
options are: 1) keep the current program as it exists and is interpreted. Positive aspects are the
City will continue to provide an incentive for the conversion of the few remaining 3gpm
toilets. The potential negative aspects are that there are few remaining fixtures out there and
that the program in this fashion may not be interpreted as adequate by DWR during the 2015
Urban Water Management Plan (UWMP) review process; 2) allow and provide an incentive
to convert between 1.6gpf and 1.28gpf. The positive aspects are that the City's program would
likely be acceptable in the 2015 UWMP review and some additional conservation will be
achieved. The negative aspects are the potential liability to the water fund of replacing all of
® the toilets in Morro Bay at $100 each; 3) create a program that provides an incentive for
retrofitting below the 1.28gpf such as requiring dual flush toilets that use .8gpf for one flush
type and 1.28 for the other. The positive aspects of this decision are that the City's program
would likely be acceptable in the 2015 UWMP review and some additional conservation will
be achieved. The negative aspects are the potential liability to the water fund of replacing all
of the toilets in Morro Bay at $100 each; 4) some other alternative that the Council develops
that staff did not anticipate; or, 5) elimination of the entire program. The positive aspects are
the reduced costs associated with implementing the program. The negatives are the potential
impact to future grant funding opportunities. Mr. Wade recommended the City Council
review and discusses the City of Morro Bay's Toilet Retrofit Rebate Program and provides
direction to staff on any changes.
Ell
MOTION: Councilmember Smukler moved the City Council approve Option #1:
Keep -the current program as it exists and is interpreted. Positive aspects
are the City will continue to provide an incentive for the conversion of the
few remaining 3gpm toilets. The potential negative aspects are that there
are few remaining fixtures out there and that the program in this fashion
may not be interpreted as adequate by DWR during the 2015 UWMP
review process. Council added an adjustment that dual flush toilets will be
used as the standard with future retrofits in the program. The motion was
seconded by Councilmember Leage and carried unanimously. (5-0)
5
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — OCTOBER 11, 2011
D-3 STATUS REPORT ON MORRO ROCK PARKING LOT SOLID WASTE
SERVICE; (PUBLIC SERVICES)
Public Services Director Rob Livick summarized the solid waste collection activities that take
place at the Morro Rock parking lot noting Sunday collection was*discontinued about 10 years
ago as there was not enough interest from businesses to warrant offering the service due to the
cost being prohibitive since Morro Bay Garbage Service would have to charge the cost for
collection and Sundays would be double time for equipment and personnel. He said the
Recreation & Parks maintenance employees are responsible for garbage collection in the Rock
restroom and the immediate surrounding area. A part-time Harbor maintenance employee, in
addition to other duties, is responsible for garbage collection every Sunday from the 2nd week
in May through the 2nd week in September of all the aggregate containers on the waterfront
from the launch ramp to the Rock (north and south sides). In the off-season this level of
collection activity ceases as the Morro Bay Garbage Service collection schedule suffices to
keep up with the volume accumulated. The lack of Sunday trash service and subsequent
overflow issue was the genesis of the position being created. The City is aware that Morro Bay
Beautiful meets each Monday to collect garbage along the waterfront and Rock parking lot.
Mr. Livick recommended the City Council receive this information and direct staff
® accordingly.
Council consensus was to direct staff to research bird proof garbage cans; identify a funding
mechanism; and, return to Council in four months with a status report.
No further action was taken on this item.
E. DECLARATION OF FUTURE AGENDA ITEMS
Mayor Yates requested to agendize a discussion on a Civic Center Master Plan; he received
Council consensus.
ADJOURNMENT
The meeting adjourned to Closed Session at 7:15 p.m.
Recorded by:
BridgettKessling
City Clerk
N.
® City of Morro Bay
City Council Agenda
Mission Statement
The City of Morro Bay is dedicated to the preservation and enhancement of the quality of
life The City shall be committed to this purpose and will provide a level of municipal
service and safety consistent with and responsive to the needs of the public.
REGULAR MEETING — TUESDAY, SEPTEMBER 27, 2011
CLOSED SESSION — TUESDAY, SEPTEMBER 27, 2011
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 two (2) public employees regarding
® evaluation, specifically the City Attorney and the City Manager.
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 at least one (1) parcel:
• Property: Chorro Valley Property.
Negotiating Parties: Chorro Valley Property Owners and City of Morro Bay.
Negotiations: Water rights.
IT IS NOTED THAT THE CONTENTS OF CLOSED SESSION MEETINGS
ARE CONFIDENTIAL AND EXEMPT FROM DISCLOSURE.
u
PUBLIC SESSION — TUESDAY, SEPTEMBER 27, 2011
® VETERANS MEMORIAL HALL - 6:00 P.M.
209 SURF ST., MORRO BAY, CA
2
ESTABLISH QUORUM AND CALL TO ORDER
MOMENT OF SILENCE
PLEDGE OF ALLEGIANCE
MAYOR AND COUNCILMEMBERS ANNOUNCEMENTS & PRESENTATIONS
CLOSED SESSION REPORT
PUBLIC COMMENT PERIOD - Members of the audience wishing to address the Council
on City business matters (other than Public Hearing items under Section B) may do so at this
time.
To increase the effectiveness of the Public Comment Period, the following rules shall be
followed:
• When recognized by the Mayor, please come forward to the podium and state
your name and address for the record. Comments are to be limited to three
minutes.
• All remarks shall be addressed to Council, as a whole, and not to any individual
member thereof.
• The Council respectfully requests that you refrain from making slanderous,
profane or personal remarks against any elected official, commission and/or staff.
• Please refrain from public displays or outbursts such as unsolicited applause,
comments or cheering.
• Any disruptive activities that substantially interfere with the ability of the City
Council to carry out its meeting will not be permitted and offenders will be
requested to leave the meeting.
• Your participation in City Council meetings is welcome and your courtesy will be
appreciated.
In compliance with the Americans with Disabilities Act, if you need special assistance to
participate in this meeting, please contact the City Clerk, (805) 772-6205. Notification 24
hours prior to the meeting will enable the City to make reasonable arrangements to ensure
accessibility to this 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 REGULAR CITY COUNCIL MEETING OF
SEPTEMBER 13, 2011; (ADMINISTRATION)
RECOMMENDATION: Approve as submitted.
2
A-2 RESOLUTION NO. 66-11 AUTHORIZING PAYING AND REPORTING THE
VALUE OF EMPLOYER PAID MEMBER CONTRIBUTIONS (EPMC) FOR THE
® SERVICE EMPLOYEES INTERNATIONAL UNION (SEIU), LOCAL 620,
EMPLOYEES; (ADMINISTRATIVE SERVICES)
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L-
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RECOMMENDATION: Adopt Resolution No. 66-11.
A-3 RESOLUTION NO. 67-11 ACCEPTANCE OF AN OFFER OF DEDICATION OF
PUBLIC PEDESTRIAN EASEMENT FOR SIDEWALK PURPOSES ON ERROL
STREET FOR TACO BELL (1700 MAIN ST.); (PUBLIC SERVICES)
RECOMMENDATION: Adopt Resolution No. 66-11.
AA ADOPTION OF ORDINANCE NO. 570 AMENDING THE CITY OF MORRO
BAY MUNICIPAL CODE TITLE 13 PUBLIC UTILITIES, CHAPTER 13.04
WATER SERVICE AND RATES, SECTION 13.04.070 APPLICATION FOR
REGULAR SERVICE - TO REQUIRE IDENTIFICATION; (ADMINISTRATIVE
SERVICES)
RECOMMENDATION: Adopt Ordinance No. 570.
A-5 ADOPTION OF ORDINANCE NO. 571 AMENDING THE CITY OF MORRO
BAY MUNICIPAL CODE TITLE 3 REVENUE AND FINANCE, CHAPTER 3.30
UNCLAIMED MONEY AND PROPERTY, SECTION 3.30.080 PROCEEDS TO
BE DEPOSITED IN GENERAL FUND TO READ DISPOSITION OF PROCEEDS;
(ADMINISTRATIVE SERVICES)
RECOMMENDATION: Adopt Ordinance No. 571.
A-6 ADOPTION OF ORDINANCE NO. 572 REPEALING CHAPTER 2.28 OF THE
MORRO BAY MUNICIPAL CODE RELATED TO THE PLANNING
COMMISSION AND IMPLEMENTING INSTEAD THE PLANNING
COMMISSION BY-LAWS; (CITY ATTORNEY)
RECOMMENDATION: Adopt Ordinance No. 572.
A-7 REPORT ON THE FINDINGS RELATING TO THE MORRO BAY MARKETING
WORKSHOP; (ADMINISTRATION)
RECOMMENDATION: Review the findings from the Marketing Workshop.
A-8 PROCLAMATION DECLARING OCTOBER 2011 AS "RIDESHARE MONTH";
(ADMINISTRATION)
RECOMMENDATION: Adopt Proclamation.
3
B. PUBLIC HEARINGS. REPORTS & APPEARANCES
® B-1 CONSIDERATION OF ESTERO BAY TRANSIT SERVICE PROPOSAL,
(PUBLIC SERVICES)
RECOMMENDATION: Review the Estero Bay Transit Service proposal from the
San Luis Obispo Council of Governments, review the Public Works Advisory
Board meeting discussion and direct staff accordingly.
B-2 RESOLUTION NO. 68-I1 ACCEPTING $100,000 GRANT FROM THE STATE
OF CALIFORNIA CITIZENS OPTION FOR PUBLIC SAFETY (COPS)
PROGRAM; (POLICE)
RECOMMENDATION: Adopt Resolution No. 68-11.
B-3 ORDINANCE NO. 573 AMENDING SECTION 2.06 OF THE MORRO BAY
MUNICIPAL CODE FROM COUNCILMEN TO COUNCILMEMBERS AND
ADDING SECTION 2.06.040 REGARDING APPOINTMENT OF BOARDS AND
COMMISSIONS - FIRST READINGMgTRODUCTION; (CITY ATTORNEY)
RECOMMENDATION: Approve Ordinance No. 573 for first reading and
introduction by number and title only.
C. UNFINISHED BUSINESS
® C-I REPORT ON THE FINDINGS OF THE MORRO BAY VISITORS CENTER
WORKSHOP AND DISCUSSION OF OPTIONS FOR CONTINUED
OPERATIONS, (ADMINISTRATION)
RECOMMENDATION: Based on the progress and changes made to date with the
Visitors Center as well as the information gleaned from the Visitors Center
Workshop, staff recommends the City Council continue to contract with the
Morro Bay Chamber of Commerce for the operations of the Visitors Center,
extending their contract through June 2012.
D. NEW BUSINESS — NONE.
E. DECLARATION OF FUTURE AGENDA ITEMS
F. 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.
MATERIALS RELATED TO AN ITEM ON THIS AGENDA SUBMITTED TO THE CCTV
® COUNCIL AFTER DISTRIBUTION OF THE AGENDA PACKET ARE AVAILABLE FOR
PUBLIC INSPECTION AT CITY HALL LOCATED AT 595 HARBOR STREET DURING
NORMAL BUSINESS HOURS OR AT THE SCHEDULED MEETING.
4
® MINUTES - MORRO BAY CITY COUNCIL
CLOSED SESSION — SEPTEMBER 27, 2011
CITY HALL CONFERENCE ROOM - 5:00 P.M.
Mayor Yates called the meeting to order at 5:00 p.m
PRESENT: William Yates
Mayor
Carla Borchard
Councilmember
Nancy Johnson
Councilmember
George Leage
Councilmember
Noah Smukler
Councilmember
STAFF: Andrea Lueker
City Manager
Robert Schultz
City Attorney
CLOSED SESSION
Mayor Yates adjourned the meeting to Closed Session and read the Closed Session
Statement.
Mayor Yates read the Closed Session Statement.
CS-1 GOVERNMENT CODE SECTION 54957; PERSONNEL ISSUES
® Discussions regarding Personnel Issues including two (2) public employees regarding
evaluation, specifically the City Attorney and the City Manager.
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 at least one (1) parcel:
• Property: Chorro Valley Property
Negotiating Parties: Chorro Valley Property Owners and City of Morro Bay
Negotiations: Water rights.
The meeting adjourned at 5:50 p.m.
El
® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — SEPTEMBER 27, 2011
VETERANS MEMORIAL HALL - 6:00 P.M.
Mayor Yates called the meeting to order at 6:00 p.m
PRESENT: William Yates
Mayor
Carla Borchard
Councilmember
Nancy Johnson
Councilmember
George Leage
Councilmember
Noah Smukler
Councilmember
STAFF: Andrea Lueker
City Manager
Robert Schultz
City Attorney
Bridgett Kessling
City Clerk
Eric Endersby
Harbor Operations Manager
Susan Lichtenbaum
Harbor Business Manager
Rob Livick
Public Services Director
Tim Olivas
Police.Chief
Joe Woods
Recreation & Parks Director
Janeen Burlingame
Management Analyst
® ESTABLISH QUORUM AND CALL TO ORDER
MOMENT OF SILENCE
PLEDGE OF ALLEGIANCE
MAYOR AND COUNCIL MEMBERS REPORTS, ANNOUNCEMENTS &
PRESENTATIONS
CLOSED SESSION REPORT - City Attorney Robert Schultz reported the City Council
met in Closed Session, and no reportable action under
the Brown Act was taken.
PUBLIC COMMENT
Todd Collins introduced his family restaurant, Rocca's Italian Restaurant on the
Embarcadero. He reviewed special entrees on the menu and events that his family
sponsors in the City. .
Angela Nelson, Program Coordinator from RideShare, referred to Item A-8
(Proclamation Declaring October 2011 As "Rideshare Month") and reviewed special
events that will be taking place during Rideshare Month.
Chuck Rose acknowledged Neighborhood Watch which is sponsored through the Police
Department. He said Neighborhood Watch promotes additional awareness around
neighborhoods in the City. Mr. Rose stated the organization meets monthly and they
have a website: www.neighborhoodwatchmorrobay.com for those who are interested in
® participating in this program.
2
® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — SEPTEMBER 27, 2011
Dan Reddell, Chamber of Commerce Board Member, addressed Item C-1 (Report on the
Findings of the Morro Bay Visitors Center Workshop and Discussion of Options for
Continued Operations) and stated the Executive Director Craig Schmidt is very
professional and friendly. Mr. Reddell said he supports staff recommendation to continue
to contract with the Chamber of Commerce for the operation of the Visitors Center.
Craig Schmidt, Chamber of Commerce Executive Director, thanked those who
volunteered at the Avocado/Margarita Festival which was a tremendous success. He also
acknowledged the Merchants Pavilion at the Harbor Festival who has reached out to the
business community to allow them to showcase their businesses at a low cost for the
weekend. Mr. Schmidt thanked the City for hosting the Visitor Center Workshops which
provided several different recommendations to make the Visitor Center a better
experience for the City's visitors. He assured the City Council of the Chamber's
commitment to creating a culture of adapting, inventing and re -inventing and always
looking into ways to improve its approach in promoting tourism.
® John Solu addressed Item C-1 stating the hoteliers agree with the status quo with the
Chamber contract until June 2012. He said the hoteliers are 1/3 contributors to the
Visitor Center, and they will continue to make sure the Chamber of Commerce is making
the changes and doing what needs to be done to accommodate the visitors. Mr. Solu
requested the City Council send back to the Community Promotions Committee and/or
the Tourism Business Improvement District Advisory Board the task to continue
researching the promotion of a Director of Tourism.
Garry Johnson reviewed upcoming photo events. He said there will be a photography
show where pictures will be judged at the Harbor Festival; the Bird Festival is scheduled
in January 2012; and, the Morro Photo Expo is scheduled for March 2012.
John Weiss, Chamber of Commerce President, addressed Item C-1 and reviewed the
upgrades made to the Visitors Center. He requested the City Council approve a 9-month
extension to the Chamber contract to operate the Visitors Center which would allow for
more effective planning, better budgeting and implementation of continuity for requests
of stakeholders. Mr. Weiss thanked those who are involved and participated in the Eco-
Rotary Program at the Avocado/Margarita Festival and Harbor Festival.
Dan Glesmann thanked those Council Members who supported the adoption of the labor
contract for the SEIU employees for the City. He said the importance of holding the City
pension commitments to a sustainable level became clear with an article he shared on the
down -turn of pension funds. Mr. Glesmann also thanked the City for adopting the two-
tier retirement system for future hires.
3
® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — SEPTEMBER 27, 2011
Joan Solu reviewed the Tourism Business Improvement District Advisory Board
activities for the past two months. She requested the City Council send back to the
Tourism Business Improvement District Advisory Board the task of how to create a
Director of Tourism/Marketing position.
Hunter Kilpatrick, Executive Director of Harbor Festival, reviewed the events and
activities for the upcoming festival.
Betty Winholtz addressed Item A-6 (Adoption of Ordinance No. 572 Repealing Chapter
2.28 of the Morro Bay Municipal Code Related to the Planning Commission and
Implementing Instead the Planning Commission By -Laws) noting state law requires the
Planning Commission belongs in the Municipal Code. She referred to Item B-3
(Ordinance No. 573 Amending Section 2.06 of the Morro Bay Municipal Code from
Councilmen to Councilmembers and Adding Section 2.06.040 Regarding Appointment of
Boards and Commissions) that places the Planning Commission in the Advisory Board
Handbook, which she objects to because the guidelines for the Planning Commission are
® easily manipulated in a document that requires a simple resolution versus one that is more
rigorously reviewed. Ms. Winholtz also referred to numerous entities that adopted
proclamations recognizing "Sea Otter Awareness Month".
John Barta addressed Item C-1 stating there is no clear line of responsibility for who is
going to take charge in promoting the City's tourism, and why it is a good idea to have a
Director of Tourism. He said with all of the influences involved it may be difficult to see
the big picture, and he hopes Council's discussion will assist in resolving some of these
issues.
Mayor Yates closed the hearing for public comment.
Unless an item is pulled for separate action by the City Council, the following actions are
approved without discussion.
A. CONSENT CALENDAR
A-1 APPROVAL OF MINUTES FOR REGULAR CITY COUNCIL MEETING OF
SEPTEMBER 13, 2011; (ADMINISTRATION)
RECOMMENDATION: Approve as submitted.
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kJ
El
C
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — SEPTEMBER 27, 2011
A-2 RESOLUTION NO. 66-11 AUTHORIZING PAYING AND REPORTING THE
VALUE OF EMPLOYER PAID MEMBER CONTRIBUTIONS (EPMC) FOR
THE SERVICE EMPLOYEES INTERNATIONAL UNION (SEIU), LOCAL
620, EMPLOYEES; (ADMINISTRATIVE SERVICES)
RECOMMENDATION: Adopt Resolution No. 66-11.
A-3 RESOLUTION NO. 67-11 ACCEPTANCE OF AN OFFER OF DEDICATION
OF PUBLIC PEDESTRIAN EASEMENT FOR SIDEWALK PURPOSES ON
ERROL STREET FOR TACO BELL (1700 MAIN ST.); (PUBLIC SERVICES)
RECOMMENDATION: Adopt Resolution No. 66-11.
A-4 ADOPTION OF ORDINANCE NO. 570 AMENDING.THE CITY OF MORRO
BAY MUNICIPAL CODE TITLE 13 PUBLIC UTILITIES, CHAPTER 13.04
WATER SERVICE AND RATES, SECTION 13.04.070 APPLICATION FOR
REGULAR SERVICE TO REQUIRE IDENTIFICATION;
(ADMINISTRATIVE SERVICES)
RECOMMENDATION: Adopt Ordinance No. 570.
A-5 ADOPTION OF ORDINANCE NO. 571 AMENDING THE CITY OF MORRO
BAY MUNICIPAL CODE TITLE 3 REVENUE AND FINANCE, CHAPTER
3.30 UNCLAIMED MONEY AND PROPERTY, SECTION 3.30.080
PROCEEDS TO BE DEPOSITED IN GENERAL FUND TO READ
DISPOSITION OF PROCEEDS; (ADMINISTRATIVE SERVICES)
RECOMMENDATION: Adopt Ordinance No. 571.
A-6 ADOPTION OF ORDINANCE NO. 572 REPEALING CHAPTER 2.28 OF THE
MORRO BAY MUNICIPAL CODE RELATED TO THE PLANNING
COMMISSION AND IMPLEMENTING INSTEAD THE PLANNING
COMMISSION BY-LAWS; (CITY ATTORNEY)
RECOMMENDATION: Adopt Ordinance No. 572.
A-7 REPORT ON THE FINDINGS RELATING TO THE MORRO BAY
MARKETING WORKSHOP; (ADMINISTRATION)
RECOMMENDATION: Review the findings from the Marketing Workshop.
5
® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — SEPTEMBER 27, 2011
A-8 PROCLAMATION DECLARING OCTOBER 2011 AS "RIDESHARE
MONTH'; (ADMINISTRATION)
RECOMMENDATION: Adopt Proclamation.
Councilmember Smukler pulled Items A - I, A-6 and A-7 from the Consent Calendar.
MOTION: Councilmember Johnson moved the City Council approve the Consent
Calendar with the exception of Items A-1, A-6 and A-7. The motion was
seconded by Councilmember Smukler and carried unanimously. (5-0)
A-1 APPROVAL OF MINUTES FOR REGULAR CITY COUNCIL
MEETING OF SEPTEMBER 13, 2011; (ADMINISTRATION)
Councilmember Smukler referred to a correction to a name on page 6 of the September 13,
2011 City Council minutes. City Clerk Bridgett Kessling noted the correction on page 6 of
the minutes had already been amended prior to the meeting.
® MOTION: Councilmember Smukler moved the City Council approve Item A-1 of the
Consent Calendar. The motion was seconded by Mayor Yates and carried
unanimously. (5-0)
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A-6 ADOPTION OF ORDINANCE NO. 572 REPEALING CHAPTER 2.28 OF THE
MORRO BAY MUNICIPAL CODE RELATED TO THE PLANNING
COMMISSION AND IMPLEMENTING INSTEAD THE PLANNING
COMMISSION BY-LAWS; (CITY ATTORNEY)
Councilmember Smukler asked if the City Attorney had any comments based on the
public comments made. City Attorney noted he had no comments, other than he is
moving forward with the adoption of Ordinance No. 572 based on the approval of the
first reading and introduction at the September 13"' City Council meeting; and, he noted
the City is in compliance with state law.
MOTION: Councilmember Smukler moved the City Council approve Item A-6 of the
Consent Calendar. The motion was seconded by Councilmember Borchard
and.carded_unanimously. (5-0)
2
® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — SEPTEMBER 27, 2011
A-7 REPORT ON THE FINDINGS RELATING TO THE MORRO BAY
MARKETING WORKSHOP; (ADMINISTRATION)
Councilmember Smukler noted for public information that the results of the Marketing
Workshop can be reviewed on the City's website.
MOTION: Councilmember Smukler moved the City Council approve Item A-7 of the
Consent Calendar. The motion was seconded by Councilmember Borchard
and carried unanimously. (5-0)
Mayor Yates called for a break at 6:56 p.m.; the meeting resumed at 7:09 p.m.
B. PUBLIC HEARINGS REPORTS & APPEARANCES
B-1 CONSIDERATION OF ESTERO BAY TRANSIT SERVICE PROPOSAL;
(PUBLIC SERVICES)
® Management Analyst Janeen Burlingame stated the City currently operates Morro Bay
Transit Service which is a hybrid transit system combining a fixed route with limited
door-to-door service. The Morro Bay Transit fixed route has specific stops throughout the
City and the Call -A -Ride trips deviate off route within'/< of a mile to pick up/drop off
riders before returning back on route. The fixed route and Call -A -Ride service is
provided hourly Monday through Friday from 6:35am to 5:30pm. The San Luis Obispo
Council of Governments (SLOCOG) is proposing the development of a cooperative
agreement between the City of Morro Bay, San Luis Obispo County, the RTA and
SLOCOG to provide local transit services within and between the communities of Morro
Bay and Los Osos. The proposal does not include the City's trolley services and should
the Council accept the proposed service concept, a separate arrangement would need to
be made regarding trolley operations. Ms. Burlingame recommended the City Council
review the Estero Bay Transit Service proposal from SLOCOG, and the discussion and
recommendation made by the Public Works Advisory Board and direct staff accordingly.
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Mayor Yates opened the hearing for public comment.
Ron DeCarli, Director of SLOCOG, stated their agency is a planning and programming
agency as well as an oversight agency on public transit. He said overall public transit in
the county and in the state is in trouble with the increase in costs and decrease in funding.
Mr. DeCarli stated the prime concern is the City's current system is not sustainable, and
that is why they are considering a consolidated system to reduce costs. He said the City
has no connection with the regional agency which would help increase the fair box ratio.
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® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — SEPTEMBER 27, 2011
Mr. DeCarli recommended the City Council consider reduce overhead costs, increase
fares, increase ridership through regional ridership, and continue to work with RTA and
SLOCOG.
Mark Lancaster stated he is a North Morro Bay resident and noted the service up there
has been rectified. He said it would be good to coordinate the local and regional buses in
the morning.
Amy Wyatt, Manager of Marketing for RTA, stated senior services is very high and the
fixed route service is working well. She said they are working to make the system work
for everyone with what funding they have.
Mayor Yates closed the hearing for public comment.
Councilmember Borchard stated the challenge is financing transportation in Morro Bay.
She said there is a potential to take this opportunity and continue to work with SLOCOG
and RTA in trying to refine this program. She said she agrees the City's existing program
® is not sustainable and she is hopeful there might be a way to move forward with some
other options.
Councilmember Johnson stated the current system is not sustainable and not meeting the
needs of the citizens. She also said the concept that is being proposed is not serving the
City's needs, and the City should go back and refine the system and find something that
will work more efficiently for its citizens.
Councilmember Leage stated the current system is not sustainable and something needs
to be done immediately because good service for the citizens is important.
Councilmember Smukler stated there is concern with the loss of service in North Morro
Bay. He said it would be helpful to have service for high school students with extra-
curricular activities. Councilmember Smukler stated the review of the Cost Allocation
Plan will be important for Council to make their decision.
Mayor Yates stated he supports staff recommendation #1. He said sustainability is of
political will, and there needs to be a desire to want this service and be able to afford it
within the budget.
H
® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — SEPTEMBER 27, 2011
MOTION: Councilmember Borchard moved the City Council direct staff to: 1) work
with the San Luis Obispo Council of Governments to determine whether
or not the current transit service proposal can be modified to address the
proposed service concept deficiencies; 2) return to the Public Works
Advisory Board no later than its December 2011 meeting for consideration
and recommendation to Council for either a revised proposed concept or
the current proposed concept; and 3) return to Council in January 2012 for
consideration of either a revised proposed concept or the current proposed
concept. The motion was seconded by Councilmember Smukler and
carried unanimously. (5-0)
B-2 RESOLUTION NO. 68-11 ACCEPTING $100,000 GRANT FROM THE STATE
OF CALIFORNIA CITIZENS OPTION FOR PUBLIC SAFETY (COPS)
PROGRAM; (POLICE)
Police Chief Tim Olivas stated the City Council is required to hold a public hearing and
consider whether the recommendation submitted by the Police Chief complies with the
requirements of the Government Code. Once adopted, the recommendation is then
® forwarded to the County Oversight Committee who then distributes the COPS funds to
the local jurisdictions. The funds can then be expended and/or encumbered by the Police
Department. Chief Olivas recommended the City Council adopt Resolution No. 68-11
authorizing the proposed spending plan for the $100,000 that will be received from the
Citizens Option for Public Safety (COPS) grant program
Mayor Yates opened the hearing for public comment; there were no comments, and
Mayor Yates closed the hearing for public comment.
MOTION: Councilmember Borchard moved the City Council adopt Resolution No.
68-11 authorizing the proposed spending plan for the $100,000 that will be
received from the Citizens Option for Public Safety (COPS) grant
program. The motion was seconded by Councilmember Leage and carried
unanimously. (5-0)
Mayor Yates called for a break at 7:56 p.m.; the meeting resumed at 8:07 p.m.
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9
® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — SEPTEMBER 27, 2011
B-3 ORDINANCE NO. 573 AMENDING SECTION 2.06 OF THE MORRO BAY
MUNICIPAL CODE FROM COUNCILMEN TO COUNCILMEMBERS AND
ADDING SECTION 2.06.040 REGARDING APPOINTMENT OF BOARDS AND
COMMISSIONS - FIRST READINGIINTRODUCTION: (CITY ATTORNEY)
City Attorney Robert Schultz stated Ordinance No. 573 will change the title and content
from "Councilmen" to "Councilmembers' in order to be gender neutral. In addition,
Ordinance No. 573 will add Section 2.06.040 in regard to the appointment of Boards and
Commissions in order to make certain the City is in compliance with state law. Mr.
Schultz recommended the City Council accept public comment and move for
introduction and first reading of Ordinance No. 573, by number and title only.
Mayor Yates opened the hearing for public comment; there were no comments, and
Mayor Yates closed the hearing for public comment.
MOTION: Councilmember Johnson moved the City Council approve Ordinance No.
573 for first reading and introduction amending Section 2.06 of the Morro
® Bay Municipal Code from "Councilmen' to "Councilmembers" and
adding Section 2.06.040 Regarding Appointment of Boards and
Commissions. The motion was seconded by Councilmember Leage and
carried unanimously. (5-0)
r 1
U
City Manager Andrea Locker read Ordinance No. 573 by number and title only.
C. UNFINISHED BUSINESS
C-1 REPORT ON THE FINDINGS OF THE MORRO BAY VISITORS CENTER
WORKSHOP AND DISCUSSION OF OPTIONS FOR CONTINUED
OPERATIONS; (ADMINISTRATION)
City Manager Andrea Lueker stated a workshop was held on September 8, 2011 to focus
on identifying opportunities to enhance the effectiveness of the Visitors Center and the
roles of the various organizations and partners. This workshop was held by direction of
the City Council from their June 14, 2011 meeting. In addition, over the past eleven
months, the City Council as well as the Visitors Center have both initiated significant
changes that enhance the operation of the Visitors Center. With the changes that have
been made at the Visitors Center and the information gathered from the Visitors Center
Workshop, Ms. Locker recommended the City Council continue to contract with the
Morro Bay Chamber of Commerce for the operation of the Visitors Center, extending
their contract through June 2012.
10
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — SEPTEMBER 27, 2011
Mayor Yates stated he is supportive of the Chamber and its Executive Director and all of
the changes they have instituted. He said he would like to move forward with the
consideration of a Director of Tourism.
Councilmember Johnson stated she supports the Executive Director of the Chamber of
Commerce and extending the Chamber contract until June 2012. She said she would like
a big pub sign directing people to the public restroom at the Boatyard building; and, also
suggested hiring an outside agency to look at altemate locations for the ChamberNisitors
Center. Councilmember Johnson stated she supports instituting more flexible hours of the
Visitors Center dependent on the season. She said she would like to instruct the Tourism
Business Improvement District Advisory Board to develop and present a report on how to
pay for a Director of Tourism as well as prepare a job description. Councilmember
Johnson stated she would like to receive a written report on the profit and loss of special
events and trips abroad sponsored by the Chamber of Commerce. She said she would
also like to recruit a Volunteer Ambassador Program which will alleviate the need for
kiosks or a visitor center.
Councilmember Borchard stated one of the Visitors Center's main purposes is to capture
guest information, such as fulfillment. She said there is the need to look at different
locations for both the Chamber of Commerce and the Visitors Center, preferably by an
outside agency. Councilmember Borchard stated she does support continuing the contract
with the Chamber until June 2012.
Councilmember Leage stated it is important to have a restroom open at the Chamber of
Commerce location. He also said parking is a problem on the Embarcadero where the
Chamber is presently located.
Councilmember Smukler stated he agrees that the Chamber has put a lot of effort in the
changes they have instituted. He said it is time to put the Director of Tourism position to
rest, and instead direct the Community Promotions Committee and Tourism Business
Improvement District Advisory Board to focus on exploring options for a concept of a
fair funding mechanism and communicate back to the stakeholders.
MOTION: Councilmember Borchard moved the City Council approve the following:
1) Continue to contract with the Morro Bay Chamber of Commerce for
the operations of the Visitors Center, extending their contract through
June 2012.
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E
n
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — SEPTEMBER 27, 2011
2) Establish and confirm transparent budget, personnel and performance
measures to document that public funds are expended appropriately.
3) Publicize the existing procedure that is used to assure that there is no
differentiation between referrals for Chamber and non -Chamber
businesses (website, materials in Visitors Center and fulfillment).
4) Coordinate with Barnett Cox and Associates (BCA) and (others) to
establish directional signs to the Visitor Center from Hwy 101 (north
and south).
5) Explore the possibility of enhanced efforts to establish quality "tourist
information centers" along Hwy 101 and/or at city entrances that direct
people to the Visitor Center for more information.
6) Implement a review of the current location and parking arrangement of
the Visitor Center (either through a cooperative study with the
Chamber or outside consultant).
7) Perform reviews at 6-month intervals to ensure the continued
implementation of the ideas and recommendations from the workshop.
8) Direct staff to work with the Community Promotions Committee and
Tourism Business Improvement District Advisory Board on the
potential Director of Tourism/Events Coordinator positions.
The motion was seconded by Councilmember Leage and carved
unanimously. (5-0)
D. NEW BUSINESS — NONE.
E. DECLARATION OF FUTURE AGENDA ITEM —NONE.
ADJOURNMENT
The meeting adjourned at 8:39 p.m.
Recorded by:
Bridgett Kessling
City Clerk
12
® City of Morro Bay
City Council Agenda
Mission Statement
The City of Morro Bay is dedicated to the preservation and enhancement of the quality
of life The City shall be committed to this purpose and will provide a level of
municipal service and safety consistent ivith and responsive to the needs of the public.
CITY COUNCIL/PLANNING COMMISSION
JOINT MEETING
TUESDAY, SEPTEMBER 13, 2011
VETERANS MEMORIAL HALL - 5:00 P.M.
209 SURF ST., MORRO BAY, CA
I. ESTABLISH QUORUM AND CALL MEETING TO ORDER
11. PLEDGE OF ALLEGIANCE
® III. DUTIES AND RESPONSIBILITIES
Pursuant to the Municipal Code Section 2.28.120 D., the Planning
Commission shall meet with City Council twice each year to discuss
proposed policies, programs, goals and objectives, budgeting, future
planning, or any other planning matter requiring joint deliberation.
IV. PUBLIC COMMENT PERIOD - Members of the audience wishing to
address the Council and Planning Commission on matters on this special
meeting agenda may do so at this time.
V. JOINT MEETING DISCUSSION ITEMS
Council Member Requested Discussion Item:
• Update on Zoning Ordinance and LCP — (Livick)
Planning Commissioner Requested Discussion Items:
• Planning Commission Meeting Frequency;
• Implementation of the Planning Commission By -Laws,
• Changes to the Subdivision Ordinance; and
• Discussion of a New Initiative to Better Serve the Measure D Area.
VI. ADJOURNMENT — This meeting will adjourn to the regularly scheduled City
Council meeting.
C]
MINUTES - MORRO BAY CITY COUNCIL/PLANNING COMMISSION
® JOINT MEETING — SEPTEMBER 13, 2011
VETERANS MEMORIAL HALL - 5:00 P.M.
Mayor Yates called the meeting to order at 5:00 p.m.
PRESENT: William Yates Mayor
Carla Borchard Councilmember
Nancy Johnson Councilmember
George Leage Councilmember
Noah Smukler Councilmember
El
n
-J
Rick Grantham
Chairman
Jamie Irons
Planning Commissioner
Paul Nagy
Planning Commissioner
Jessica Napier
Planning Commissioner
ABSENT: John Solu
Vice -Chair
STAFF: Andrea Lueker
City Manager
Robert Schultz
City Attorney
Rob Livick
Public Services Director
Kathleen Wold
Planning Manager
I. ESTABLISH QUORUM AND CALL
MEETING TO ORDER
H. PLEDGE OF ALLEGIANCE
Ill. DUTIES AND RESPONSIBILITIES
Pursuant to the Municipal Code Section 2.28.120 D., the Planning Commission shall
meet with City Council twice each year to discuss proposed policies, programs, goals
and objectives, budgeting, future planning, or any other planning matter requiring joint
deliberation.
IV. PUBLIC COMMENT PERIOD - Members of the audience wishing to address the
Council and Planning Commission on matters on this special meeting agenda may do
so at this time — there was no public comment.
V. JOINT MEETING DISCUSSION ITEMS
Council Member Requested Discussion Item:
A) Update on the Zoning Ordinance and General Plan/Local Coastal Plan
Amendment
Planning Manager Kathleen Wold provided an update on the General Plan/Local
Coastal Plan amendment, and provided the City Council and Planning Commission
with a letter from the Coastal Commission.
The City Council requested the update of the Zoning Ordinance and General
® Plan/Local Coastal Plan be placed higher on the priority list. A sub -committee was
appointed to review the update of the Zoning Ordinance and General Plan/Local
Coastal Plan, consisting of: Planning Commissioner Irons, Councilmember Johnson
and Councilmember Borchard.
Planning Commission Requested Discussion Items:
A) Implementation of the Planning Commission By -Laws
City Attorney Robert Schultz reviewed the procedures for the Planning Commission
By -Laws.
B) Changes to the Subdivision Ordinance
The City Council and Planning Commission discussed the importance to expedite the
review of the Subdivision Ordinance in order to streamline projects.
C) Discussion of a New Initiative to Better Serve the Measure D Area
The majority of the Planning Commission was to not change Measure D at this time.
D) Planning Commission Meeting Frequency
The Planning Commission chose to continue meeting twice per month.
VI. ADJOURNMENT — 5:35 p.m.
® This meeting adjourned to the regularly scheduled City Council meeting.
E
® City of Morro Bay
City Council Agenda
Mission Statement
The City of Morro Bay is dedicated to the preservation and enhancement of the quality
of life The City shall be committed to this purpose and will provide a level of municipal
service and safety consistent with and responsive to the needs, of the public.
REGULAR MEETING — TUESDAY, SEPTEMBER 13, 2011
CLOSED SESSION — TUESDAY, SEPTEMBER 13, 2011
CITY HALL CONFERENCE ROOM - 4:00 P.M.
595 HARBOR ST., MORRO BAY, CA
CS-1 GOVERNMENT CODE SECTION 54957.6: CONFERENCE WITH LABOR
NEGOTIATOR. Conference with City Manager, the City's Designated
is and
for the purpose of reviewing the City's position regarding the terms
and compensation paid to the City Employees and giving instructions to the
Designated Representative.
IT IS NOTED THAT THE CONTENTS OF CLOSED SESSION MEETINGS
ARE CONFIDENTIAL AND EXEMPT FROM DISCLOSURE.
THIS MEETING WILL ADJOURN TO THE
JOINT CITY COUNCHJPLANNING COMMISSION MEETING
THAT WELL BEGIN AT 5:00 P.M. AND WILL BE
LOCATED AT THE VETERANS' MEMORIAL HALL
209 SURF STREET, MORRO BAY, CALIFORNIA.
11
PUBLIC SESSION — TUESDAY, SEPTEMBER 13, 2011
® VETERANS MEMORIAL HALL - 6:00 P.M.
209 SURF ST., MORRO BAY, CA
ESTABLISH QUORUM AND CALL TO ORDER
MOMENT OF SILENCE
PLEDGE OF ALLEGIANCE
MAYOR AND COUNCILMEMBERS ANNOUNCEMENTS & PRESENTATIONS
CLOSED SESSION REPORT
PUBLIC COMMENT PERIOD - Members of the audience wishing to address the Council on
City business matters (other than Public Hearing items under Section B) may do so at this time.
To increase the effectiveness of the Public Comment Period, the following rules shall be
followed:
• When recognized by the Mayor, please come forward to the podium and state your
name and address for the record. Comments are to be limited to three minutes.
• All remarks shall be addressed to Council, as a whole, and not to any individual
member thereof.
• The Council respectfully requests that you refrain from making slanderous, profane
or personal remarks against any elected official, commission and/or staff.
® • Please refrain from public displays or outbursts such as unsolicited applause,
comments or cheering.
• Any disruptive activities that substantially interfere with the ability of the City
Council to cant' out its meeting will not be permitted and offenders will be
requested to leave the meeting.
• Your participation in City Council meetings is welcome and your courtesy will be
appreciated.
In compliance with the Americans with Disabilities Act, if you need special assistance to
participate in this meeting, please contact the City Clerk, (805) 772-6205. Notification 24
hours prior to the meeting will enable the City to make reasonable arrangements to ensure
accessibility to this meeting.
A. CONSENT CALENDAR
Unless an item is pulled for separate action by the City Council, the following actions are
approved without discussion.
A -I APPROVAL OF THE MINUTES FOR THE REGULAR CITY COUNCIL MEETING
OF AUGUST 23, 2011; (ADMINISTRATION)
RECOMMENDATION: Approve as submitted.
Pj
A-2 RESOLUTION AUTHORIZING THE CITY OF MORRO BAY TO ENTER INTO
2011/2012 ABANDONED WATERCRAFT ABATEMENT FUND CONTRACT
® WITH THE DEPARTMENT OF BOATING AND WATERWAYS; (HARBOR)
RECOMMENDATION: Adopt Resolution No. 63-11.
A-3 CONSIDERATION OF APPROVAL FOR A SUBLEASE ON A PORTION OF
LEASE SITE 110-112/110W-112W AND 111.5W, LOCATED ADJACENT TO
1185 EMBARCADERO, BETWEEN GREAT AMERICAN FISH COMPANY,
INC. AND VIRG'S LANDING, INC.; (HARBOR)
RECOMMENDATION: Adopt Resolution No. 64-11.
AA REQUEST TO APPROVE A RESPONSE TO THE GRAND JURY REGARDING
RATE -SETTING AS A WATER CONSERVATION TOOL; (ADMINISTRATION)
RECOMMENDATION: Direct staff to send a letter to the Presiding Judge of San
Luis Obispo County Superior Court responding to the Grand Jury reports
entitled "Rate -Setting as a Water Conservation Tool".
A-5 CONSIDERATION OF AN ADVISORY BOARD MIXER; (ADMINISTRATION)
RECOMMENDATION: Direct staff to arrange an Advisory Board Mixer in late
January/early February 2012.
is A-6 APPOINTMENT OF ALTERNATE MEMBER TO THE AIR POLLUTION
CONTROL DISTRICT; (MAYOR)
RECOMMENDATION: Appoint the Mayor as the alternate member to the Air
Pollution Control District.
B. PUBLIC HEARINGS. REPORTS & APPEARANCES
B-1 RESOLUTION NO. 65-11 APPROVING THE ADOPTION OF THE TERMS AND
CONDITIONS OF EMPLOYMENT FOR THE SERVICE EMPLOYEES
INTERNATIONAL UNION, LOCAL 620, AND THE CITY OF MORRO BAY;
(ADMINISTRATION)
RECOMMENDATION: Adopt Resolution No. 65-11.
B-2 ORDINANCE NO. 570 AMENDING THE CITY OF MORRO BAY
MUNICIPAL CODE TITLE 13 PUBLIC UTILITIES, CHAPTER 13.04
WATER SERVICE AND RATES, SECTION 13.04.070 APPLICATION
FOR REGULAR SERVICE - TO REQUIRE IDENTIFICATION —
INTRODUCTION AND FIRST READING; (ADMINISTRATIVE
SERVICES)
® RECOMMENDATION: Approve introduction and first reading of Ordinance No.
570 by number and title only.
3
B-3 ORDINANCE NO. 571 AMENDING THE CITY OF MORRO BAY MUNICIPAL
® CODE TITLE 3 REVENUE AND FINANCE, CHAPTER 3.30 UNCLAIMED
MONEY AND PROPERTY, SECTION 3.30.080 PROCEEDS TO BE DEPOSITED
IN GENERAL FUND TO READ DISPOSITION OF PROCEEDS —
INTRODUCTION AND FIRST READING; (ADMINISTRATIVE SERVICES)
RECOMMENDATION: Approve introduction and first reading of Ordinance No.
571 by number and title only.
BA ORDINANCE NO. 572 REPEALING CHAPTER 2.28 OF THE MORRO BAY
MUNICIPAL CODE RELATED TO THE PLANNING COMMISSION AND
IMPLEMENTING INSTEAD THE PLANNING COMMISSION BY-LAWS; FIRST
READING AND INTRODUCTION; (CITY ATTORNEY)
RECOMMENDATION: Approve introduction and first reading of Ordinance No. 572
by number and title only.
C. UNFINISHED BUSINESS — NONE.
D. NEW BUSINESS
D-I AUTHORIZATION TO FILE A NOTICE OF JOINER WITH THE CALIFORNIA
PUBLIC UTILITIES COMMISSION PROTESTING THE APPLICATION FILED
BY PACIFIC GAS AND ELECTRIC IN REGARD TO THE OPT -OUT PROGRAM
® FOR CUSTOMERS WHO OBJECT TO SMARTMETER INSTALLATION; (CITY
ATTORNEY)
11
RECOMMENDATION: Authorize the City Attorney to file a Notice of Joiner with
the California Public Utilities Commission protesting the Application filed by
Pacific Gas and Electric in regard to the "Opt -Out Program" for customers .
who object to SmartMeter installation.
E. DECLARATION OF FUTURE AGENDA ITEMS
F. 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.
MATERIALS RELATED TO AN ITEM ON THIS AGENDA SUBMITTED TO THE
CITY COUNCIL AFTER DISTRIBUTION OF THE AGENDA PACKET ARE
AVAILABLE FOR PUBLIC INSPECTION AT CITY HALL LOCATED AT 595
HARBOR STREET DURING NORMAL BUSINESS HOURS OR AT THE
SCHEDULED MEETING.
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® MINUTES - MORRO BAY CITY COUNCIL
CLOSED SESSION — SEPTEMBER 13, 2011
CITY HALL CONFERENCE ROOM - 4:00 P.M.
11
Mayor Yates called the meeting to order at 4:00 p.m
PRESENT: William Yates
Mayor
Carla Borchard
Councilmember
Nancy Johnson
Councilmember
George Leage
Councilmember
Noah Smukler
Councilmember
STAFF: Andrea Lueker
City Manager
Robert Schultz
City Attorney
CLOSED SESSION
Mayor Yates adjourned the meeting to Closed Session and read the Closed Session
Statement.
Mayor Yates read the Closed Session Statement.
CS-1 GOVERNMENT CODE SECTION 54957.6; CONFERENCE WITH
LABOR NEGOTIATOR. Conference with City Manager, the City's Designated
Representative, for the purpose of reviewing the City's position regarding the
terms and compensation paid to the City Employees and giving instructions to the
Designated Representative.
The meeting adjourned at 4:50 p.m.
This meeting adjourned to the Joint City Council/Planning Commission meeting
beginning at 5:00 p.m. and located at the Veterans' Memorial Hall, 209 Surf Street,
Morro Bay, California.
1
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — SEPTEMBER 13, 2011
VETERANS MEMORIAL HALL - 6:00 P.M.
Mayor Yates called the meeting to order at 6:00 p.m
PRESENT: William Yates
Mayor
Carla Borchard
Councilmember
Nancy Johnson
Councilmember
George Leage
Councilmember
Noah Smukler
Councilmember
STAFF: Andrea Lueker
Robert Schultz
Bridgett Kessling
Eric Endersby
Susan Lichtenbaum
Tim Olivas
Mike Pond
Susan Slayton
Joe Woods
City Manager
City Attorney
City Clerk
Harbor Operations Manager
Harbor Business Manager
Police Chief
Fire Chief
Administrative Services Director
Recreation & Parks Director
ESTABLISH QUORUM AND CALL TO ORDER
MOMENT OF SILENCE
PLEDGE OF ALLEGIANCE
MAYOR AND COUNCIL MEMBERS REPORTS, ANNOUNCEMENTS &
PRESENTATIONS
CLOSED SESSION REPORT - City Attorney Robert Schultz reported the City Council
met in Closed Session, and no reportable action under the Brown Act was taken; this item
will be heard under Item B-1 of tonight's agenda.
PUBLIC COMMENT
Keith Taylor announced the groundbreaking ceremony for the Fire Station 53 Project will
be held on February 14`s at 12:30 p.m.; he gave thanks to those who voted for Measure Q
in order to make this happen.
Gregg Cobarr, owner of Cal Coast Trade, stated his organization is made up of owners of
businesses who trade their products and services, and through the internet, they are also
able to place their trade funds into difference accounts. He said this organization is a part
of a network of 50,000 businesses around the United States. Mr. Cobarr stated one of his
goals is to bring awareness of what Morro Bay has to offer to these business owners and
perhaps feature a function here in Morro Bay.
11
® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — SEPTEMBER 13, 2011
Hank Roth stated September 18-24" is "Child Passenger Safety Week". He said there
will be a Child Safety Seat Belt Check on Saturday, September 24a' at Target in San Luis
Obispo.
Paula Hewlett, Pastor for Estero Bay United Methodist Church, announced there will be a
Hunger Walk on Sunday, September 25`s and all donations will go to the Food Bank
Coalition.
Lexie Bell, Assistant Director of the National Estuary Program, stated they are updating
the Estuary Management Plan, and will be holding a public meeting on September 29th at
the Sea Pines Golf Resort to discuss and give an update on the Plan.
Hunter Fitzpatrick announced the Harbor Festival is three weeks away and reviewed the
music headliners and scheduled events.
Craig Schmidt, Chamber of Commerce CEO, stated the first annual Chamber of
Commerce tri-mixer is scheduled on Thursday, September 15`" with Morro Bay, Cayucos
and Los Osos Chambers meeting at the Boatyard in Morro Bay. He also announced the
fifth annual Avocado/Margarita Festival will be held on Saturday, September 17a .
® Linda Winters stated there is a new campaign to save the State Parks from closing in
California. She requested people go onto the website (Save-State-Park.org) and sign the
e-petition to save the State Parks, and also sign for passage of AB-42.
E
Taylor Newton, Member of the Tree Committee, announced fall is upon us and it is a
good time to plant a tree. He also announced the "Adopt -a -Tree" campaign in Morro
Bay, and citizens can sign up to adopt a tree in the City and be responsible for its
maintenance.
Melissa Peters, County Tobacco Control Coalition, congratulated Morro Bay for its ban
on smoking on public beaches and t-piers. She said the Tobacco Control Program thanks
the City of Morro Bay for providing its citizens with a smoke -free community.
Katy Lot, County Tobacco Control Coalition, recognized the Duncan Group who has
provided a healthier environment with smoke -free living properties.
Betty Winholtz addressed Item A4 (Request to Approve a Response to the Grand Jury
Regarding Rate -Setting as a Water Conservation Tool), and referred to Grand Jury
Recommendation #6 ...... Morro Bay... Should cottsider revising sewer bills to show that
water usage affects sewer charges ".
3
® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — SEPTEMBER 13, 2011
Ms. Winholtz stated that changing the rates is a policy decision. She said this
recommendation should be implemented now because the City's current policy is to
increase the rates a certain percentage every year until the Wastewater Treatment Plant
upgrade. Ms. Winholtz noted the Grand Jury states there is no.reference to the rate in the
sewer bills, which is not informative. She said conservation is the City's #1 method to
water management. By not implementing a change in the bills now, the City is not
fulfilling its own approved Water Management Plan. Ms. Winholtz encouraged the City
Council to change the City's response to Grand Jury Recommendation 96 in order to
implement this policy by the end of this year.
Mayor Yates closed the hearing for public comment.
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 THE MINUTES FOR THE REGULAR CITY COUNCIL
MEETING OF AUGUST 23, 2011; (ADMINISTRATION)
® RECOMMENDATION: Approve as submitted.
A-2 RESOLUTION AUTHORIZING THE CITY OF MORRO BAY TO ENTER INTO
2011/2012 ABANDONED WATERCRAFT ABATEMENT FUND CONTRACT
WITH THE DEPARTMENT OF BOATING AND WATERWAYS; (HARBOR)
RECOMMENDATION: Adopt Resolution No. 63-11.
A-3 CONSIDERATION OF APPROVAL FOR A SUBLEASE ON A PORTION OF
LEASE SITE 110-112/11OW- 112W AND 111.5W, LOCATED ADJACENT TO
1185 EMBARCADERO, BETWEEN GREAT AMERICAN FISH COMPANY,
INC. AND VIRG'S LANDING, INC.; (HARBOR)
RECOMMENDATION: Adopt Resolution No. 64-11.
A4 REQUEST TO APPROVE A RESPONSE TO THE GRAND JURY REGARDING
RATE -SETTING AS A WATER CONSERVATION TOOL;
(ADMINISTRATION)
RECOMMENDATION: Direct staff to send a letter to the Presiding Judge of San
Luis Obispo County Superior Court responding to the Grand Jury reports
® entitled "Rate -Setting as a Water Conservation Tool".
4
® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — SEPTEMBER 13, 2011
C
A-5 CONSIDERATION OF AN ADVISORY BOARD MDMR;
(ADMINISTRATION)
RECOMMENDATION: Direct staff to arrange an Advisory Board Mixer in late
January/early February 2012.
A-6 APPOINTMENT OF ALTERNATE MEMBER TO THE AIR POLLUTION
CONTROL DISTRICT; (MAYOR)
RECOMMENDATION: Appoint the Mayor as the alternate member to the Air
Pollution Control District.
Mayor Yates pulled Item A-3 from the Consent Calendar; Councilmember Smukler pulled
Item AA.
MOTION: Councilmember Johnson moved the City Council approve the Consent
Calendar with the exception of Items A-3 and AA. The motion was
seconded by Councilmember Borchard and carried unanimously. (5-0)
A-3 CONSIDERATION OF APPROVAL FOR A SUBLEASE ON A PORTION OF
LEASE SITE 110-112/110W-112W AND 111.5W, LOCATED ADJACENT TO
1185 EMBARCADERO, BETWEEN GREAT AMERICAN FISH COMPANY,
INC. AND VIRG'S LANDING, INC.; (HARBOR)
Councilmember Leage stepped down from this item due to a conflict of interest.
MOTION: Councilmember Borchard moved the City Council approve Item A-3 of
the Consent Calendar. The motion was seconded by Councilmember
Smukler and carried unanimously. (4-0-1)
A4 REQUEST TO APPROVE A RESPONSE TO THE GRAND JURY REGARDING
RATE -SETTING AS A WATER CONSERVATION TOOL; (ADMINISTRATION)
Councilmember Smukler suggested implementing an amendment to Responses #3 and #6 to
the Grand Jury request regarding rate -setting as a water conservation tool to . enhance
awareness that citizens are able to gather on their water bills. He referred to Response #3:
"The City Council will consider this issue when water rates are revised." Councilmember
Smukler suggested the response state: "The City Council will implement this change."
City Manager Andrea Lueker stated this amendment could create a problem with the City's
billing software and how the bills are generated.
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® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — SEPTEMBER 13, 2011
Consensus of the majority of Council was to maintain Response #3 as written.
Councilmember Smukler referred to Response 96: "The City Council will consider this
issue when sewer rates are reviewed," and suggested amending this response as another
form of conservation awareness. He suggested the Response be amended to read: "The City
Council will implement this issue as soon as feasible or when sewer rates are revised"
MOTION: Councilmember Smukler moved the City Council approve Item A-4 of the
Consent Calendar with the amendment to Response #6. The motion was
seconded by Councilmember Borchard and carried unanimously. (5-0)
Mayor Yates called for a break at 6:45 p.m.; the meeting resumed at 7:00 p.m.
B. PUBLIC HEARINGS. REPORTS & APPEARANCES
B-1 RESOLUTION NO. 65-11 APPROVING THE ADOPTION OF THE TERMS
AND CONDITIONS OF EMPLOYMENT FOR THE SERVICE EMPLOYEES
INTERNATIONAL UNION, LOCAL 620, AND THE CITY OF MORRO BAY;
(ADMINISTRATION)
City Manager Andrea Lueker stated the contract with the SEN employees expired on June
30, 2011. Contract negotiations began February 3, 2011, with the final of five meetings
held on July 21, 2011. Unable to come to any mutual settlement, Impasse was declared by
SEN. Per the City's Impasse Procedures, SEN waived the initial meeting with the City
Manager, and requested to move directly to a meeting with the State -appointed Mediator.
On August 26's, the State Mediator met with the SEN Local 620 Chief Negotiator, Mike
Woods, SEN Local 620 negotiation team the City's Chief Negotiator, Bill Avery, and
Human Resources Analyst Jamie Boucher. No agreement was able to be reached, and as a
result, staff is presenting to the City Council Resolution No. 65-11, requesting unilateral
adoption of the compensation and working conditions for the SEN, Local 620 employees
for the period of September 13, 2011 to June 30, 2012, consistent with the direction
provided by the City Council. Ms. Lueker recommended the City Council adopt
Resolution No. 65-11, which establishes the compensation and working conditions for the
SEN, Local 620 employees of the City of Morro Bay for the term of September 13, 2011
through June 30, 2012.
Mike Woods, SEN Local 620 representative, stated at the last negotiation meeting, the
City representatives gave the SEN their last best and final offer, which was interpreted that
the City was unwilling to move from their original offer that was proposed at the beginning
of negotiations. He said the City declared impasse procedures. During the mediation
process, the State mediator and the union made an offer to continue the contract as status
quo for one year. Mr. Woods stated the City declined this offer. He said the SEN
employees feel the original and last, best and final offer of the City is unfair.
11
® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — SEPTEMBER 13, 2011
Mr. Woods stated the City feels the two-tier retirement system will save the City
economically in the short-term; however, there will be no real savings until new employees
are hired and they retire at least 10+ years from now. He reviewed salaries between
management employees vs. SEN employees. Mr. Woods stated a disadvantage of the two-
tier retirement system and low wages is that the City will become a training place for
employees who will look for employment elsewhere.
Mayor Yates opened the hearing for public comment.
Mike Mobley stated he has been at the bargaining table with the management team who is
proposing to increase the cost of SEN employees' PERS retirement along with cuts to
their income and insurance rate increases. He said the SEN employees are some of the
lowest paid employees in the County and cannot afford cuts to their salaries. Mr. Mobley
requested the City Council amend the management proposal and to bargain for a fair and
equitable contract.
John Gunderlock stated he does not understand why the City paid for an outside negotiator
when they did not negotiate past the original offer. He also does not understand why the
City is balancing the budget on the backs of hardworking City employees who are already
the lowest paid public employees in the State: Mr. Gunderlock stated they do not pay into
social security and PERS retirement is all they have. He said the SEN employees are the
ones that produce safe drinking water, protect the health and safety of the environment, and
maintenance of the City for the residents and tourists that visit.
Evan Buddenhagen stated to balance the budget on the lowest paid employees is counter-
productive, and the two-tier retirement system will hurt the future of Morro Bay. He said
the City Council has the duty to make-up a budget short -fall and exhaust all possibilities
and enact the best interest of the community by not adopting the two -tiered retirement
system. Mr. Buddenhagen stated there would be an immediate savings with cuts to the top
management employee salaries and it would reduce the burden on the PERS retirement
system.
Phillip Carey stated the residents should receive services from well -paid employees. He
said cutting salaries from some of the most important employees that deal with water,
wastewater and collections in the City are the people who protect the City from potential
dangerous diseases. Mr. Carey asked how the City can cut salaries from the employees that
keeps the City functioning.
Betty Winholtz stated the goal is to have a balanced budget. She said the City Council and
management employees are some of the highest paid in the State, and they should look
elsewhere to balance the budget. Ms. Winholtz requested the City Council reconsider the
proposed contract offered to the SEN employees.
7
® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — SEPTEMBER 13, 2011
Polly Curtis stated the harbor patrol officers deserve a fair and current salary and retirement
package. She requested the City Council continue their contract for one year.
Devon Francis stated if a 2% salary cut is going to affect the City's budget that much, then
the City has much larger issues to consider.
Roger Ewing stated this is all about fairness and everyone is connected to the global
economy. He urged Council to be fair to the lowest paid employees who have the same
living expenses as the highest paid employees.
Mayor Yates closed the hearing for public comment.
Councilmember Smukler stated he supports the two-tier retirement formula. He said it is
important to stabilize and maintain an operational balanced budget. Councilmember
Smukler stated this is a one year contract and the adjustments will help avoid lay-offs in the
future. He said it is important to note that employees across the board have made the same
sacrifices. Councilmember Smukler stated he supports moving forward with the proposed
contract.
® Councilmember Leage stated he appreciates the employees and this is a tough decision. He
said it is important to' avoid any future lay-offs.
1I
Mayor Yates stated he will not support this contract as proposed. He said he supports the
two-tier retirement proposal, but not the 2% reduction in pay.
Councilmember Johnson stated the two-tier retirement proposal is for future savings. She
said it is important to know that there were no lay-offs proposed this year. Councilmember
Johnson stated the 2% reduction in pay was implemented across the board. She said this
contract is the best the City can offer.
Councilmember Borchard stated they have tried to make it even and fair across the board
with the 2% reduction in pay. She said she supports this contract
MOTION: Councilmember Borchard moved the City Council adopt Resolution No.
65-11, which establishes the compensation and working conditions for the
SEIU, Local 620 employees of the City of Morro Bay for the term of
September 13, 2011 through June 30, 2012. The motion was seconded by
Councilmember Smukler and carried with Councilmember Leage and
Mayor Yates voting no. (3-2)
f:?
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — SEPTEMBER 13, 2011
B-2 ORDINANCE NO. 570 AMENDING THE CITY OF MORRO BAY MUNICIPAL
CODE TITLE 13 PUBLIC UTILITIES, CHAPTER 13.04 WATER SERVICE
AND RATES, SECTION 13.04.070 APPLICATION FOR REGULAR SERVICE -
TO REQUIRE IDENTIFICATION — INTRODUCTION AND FIRST READING;
(ADMINISTRATIVE SERVICES)
Administrative Services Director Susan Slayton stated. Chapter 13.04 Water Service and
Rates, Section 070 Application for regular service states "Each applicant for water service
shall be required to sign an application form provided by the water department or make
application letter showing the date of application, location of premises to be served,
mailing address, date applicant desires service, and such other information as may be
required." The "other information" phrase has been called into question by applicants who
wish to refrain from providing personal identification, such as a social security and/or
driver's license number. Not receiving this information is problematic, as it hinders our
ability to properly identify the person signing up for service, as well as making it nearly
impossible to collect on delinquent accounts. In June 2009 per the Federal Trade
Commission's requirement, Council adopted Resolution 27-09, implementing the City's
Identity Theft Prevention Program. This Program requires staff to visually inspect the
photo id of utility customer applicants to verify the identity of the person transacting
business with us. To more clearly define this requirement, staff is recommending an
amendment to Section 13.04.070 to add "A valid State -issued driver's license, State -issued
identification card, military identification card or passport must be presented by the
applicant before service will be activated If the applicant does not possess ally of the
above forms of identification, alternative valid photo identification (e.g., current school id)
may be accepted " Additionally, staff would like to update this Section to update the
comments about applications submitted by letter. The new language will state that
applications submitted via methods other than personal appearance when applying for
water utility service will be accepted, but must be accompanied by the applicant's driver's
I icenselidentifi cation card or passport. The "alternative valid photo ident(cation"
statement above will also be included in this section. Finally, the last paragraph in this
Section states `An application fee shall accompany each application or letter of
application. " Current practice is to allow the application fee to be included in the first
water utility bill. Staff would like to update this to state `For first-time water utility
customers, an application fee shall accompmry each application, or the applicant may
request that the application fee be included in the first water utility bill. " Ms. Slayton
recommended the City Council review Ordinance No. 570, accept public comment on this
issue, and move for the first reading and introduction, by number and title only.
Mayor Yates opened the hearing for public comment; there were no comments, and
Mayor Yates closed the hearing for public comment.
9
® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — SEPTEMBER 0, 2011
MOTION: Councilmember Smukler moved the City Council approve Ordinance No.
570 for First Reading and Introduction Amending the City of Morro Bay
Municipal Code Title 13 Public Utilities, Chapter 13.04 Water Service and
Rates, Section 13.04.070 Application for Regular Service - to Require
Identification. The motion was seconded by Councilmember Borchard
and carried with Mayor Yates voting no. (4-1)
City Manager Andrea Lueker read Ordinance No. 570 by number and title only.
B-3 ORDINANCE NO. 571 AMENDING THE CITY OF MORRO BAY MUNICIPAL
CODE TITLE 3 REVENUE AND FINANCE, CHAPTER 3.30 UNCLAIMED
MONEY AND PROPERTY, SECTION 3.30.080 PROCEEDS TO BE
DEPOSITED IN GENERAL FUND TO READ DISPOSITION OF PROCEEDS —
INTRODUCTION AND FIRST READING; (ADMINISTRATIVE SERVICES)
Administrative Services Director Susan Slayton stated the Harbor Enterprise Fund
frequently has abandoned/unclaimed vessels and/or property that it has to manage until
such time has passed to enable them to place the vessellproperty up for auction. Between
® the knowledge of abandonment and time of auction, Harbor staff invests a significant
amount of time and funds in locating the owner, establishing the abandonment and storing
the vessel/property, but the City of Morro Bay Municipal Code Chapter 3.30 Unclaimed
Money and Property, Section 080 Proceeds to be deposited in general fund does not allow
them to keep what little money they recover. Chapter 3.30 Unclaimed Money and
Property, Section 080 Proceeds to be deposited in General Fund states "After such auction
is completed, the proceeds of the auction shall be delivered to the director of finance for
deposit in the General Fund." This means that all auction money, including that generated
by Enterprise Funds, is to be turned in and deposited in the General Fund. Staff feels that
in the ease of Enterprise Funds, the money should be returned -to the Enterprise Fund, not
the General Fund, to compensate for their efforts. Staff is suggesting an amendment to the
title of Section 080 to read Disposition of proceeds, and state "After such auction is
completed, the proceeds of the auction shall be delivered to the Finance Department for
deposit. All auction monies generated by Enterprise Fund activities shall remain with the
applicable Enterprise Fund. " Ms. Slayton recommended the City Council review
Ordinance No. 571, accept public comment on this issue, and move for the first reading and
introduction, by number and title only
E
Mayor Yates opened the hearing for public comment; there were no comments, and
Mayor Yates closed the hearing for public comment.
10
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — SEPTEMBER 13, 2011
MOTION: Councilmember Borchard moved the City Council approve Ordinance No.
571 for First Reading and Introduction Amending the City of Morro Bay
Municipal Code Title 3 Revenue and Finance, Chapter 3.30 Unclaimed
Money and Property, Section 3.30.080 Proceeds to be deposited in General
Fund to Read Disposition of Proceeds. The motion was seconded by
Councilmember Smukler and carried with Mayor Yates voting no. (4-1)
City Manager Andrea Lueker read Ordinance No. 571 by number and title only.
B-4 ORDINANCE NO. 572 REPEALING CHAPTER 2.28 OF THE MORRO BAY
MUNICIPAL CODE RELATED TO THE PLANNING COMMISSION AND
IMPLEMENTING INSTEAD THE PLANNING COMMISSION BY-LAWS;
FIRST READING AND INTRODUCTION; (CITY ATTORNEY)
City Attorney Robert Schultz stated on August 23, 2011, the City Council adopted
Resolution 62-11 amending the Advisory Boards Handbook and By -Laws to more clearly
define how each Advisory Board is currently working. In addition, the City Council added
By -Laws for the Planning Commission that contains the establishment, duties and
® responsibilities of the Planning Commission. With the addition of Planning Commission
By -Laws to the Advisory Board Handbook, Chapter 2.28 of the Morro Bay Municipal
Code is unnecessary, superfluous, and redundant. Ordinance No. 572 will delete Morro
Bay Municipal Code Chapter 2.28. All requirements for the establishment, duties and
responsibilities for the Planning Commission are now contained in the Planning
Commission By -Laws. Mr. Schultz recommended the City Council accept public comment
and then move for introduction and first reading of Ordinance No.572, by number and title
only, repealing and deleting Morro Bay Municipal Code Chapter 2.28.
E
Mayor Yates opened the hearing for public comment.
Betty Winholtz noted State Code 65100 states the Planning Commission belongs in the
Municipal Code, and requested Council reconsider this item and maintain Chapter 2.28 in
the City's Municipal Code.
Mayor Yates closed the hearing for public comment.
MOTION: Mayor Yates moved the City Council approve Ordinance No. 572 for First
Reading and Introduction Repealing Chapter 2.28 of the Morro Bay
Municipal Code Related to the Planning Commission and Implementing
Instead the Planning Commission By -Laws. The motion was seconded by
Councilmember Johnson and carried unanimously. (5-0)
11
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — SEPTEMBER 13, 2011
City Manager Andrea Lueker read Ordinance No. 572 by number and title only.
C. UNFINISHED BUSINESS — NONE.
D. NEW BUSINESS
D-I AUTHORIZATION TO FILE A NOTICE OF JOINER WITH THE CALIFORNIA
PUBLIC UTILITIES COMMISSION PROTESTING THE APPLICATION FILED
BY PACIFIC GAS AND ELECTRIC IN REGARD TO THE OPT -OUT PROGRAM
FOR CUSTOMERS WHO OBJECT TO SMARTMETER INSTALLATION; (CITY
ATTORNEY)
City Attorney Robert Schultz stated the California Public Utilities Commission (CPUC) is
the agency charged with regulating utility companies in California including the activities of
PG&E; local governments do not have any direct regulatory control. over utility companies.
Much interest has been expressed in recent months regarding an undertaking by PG&E to
install "SmartMeters" at their residential customer's homes. A number of residents have
called the City Attorney's office and spoke with the City Council regarding the installation of
SmartMeters and how to decline or "Opt -Out" of the installation of the SmartMeter at their
® home. After thousands of complaints about SmartMeters from people who consider the
radiation from cell phones, computers and other wireless devices to be a health threat, and
approximately 30 other local governments (including Morro Bay) called for a moratorium on
PG&E's SmartMeters, the CPUC ordered PG&E to propose a way for customers to "Opt
Out" of receiving the SmartMeters. On March 24, 2011, PG&E submitted a proposal to the
CPUC to give. residential customers the option to have the radios in their SmartMeters turned
off, with an associated one-time charge of $135 to $270, and an ongoing monthly fixed
charge of $14 to $20. The CPUC is expected to rule on the PG&E plan within the next few
months. Mr. Schultz recommended the City Council,authorize the City Attorney to file a
Notice of Joiner with the California Public Utilities Commission protesting the Application
filed by Pacific Gas and Electric in regard to the "Opt -Out Program" for customers who
object to SmartMeter installation.
11
Councilmember Smukler stated he supports joining this action, and residents have the right to
have a no -fee Opt -Out Program in regard to the SmartMeter installation.
Councilmember Leage stated he does not support filing a Notice of Joiner with the CPUC.
Mayor Yates stated he does not support filing a Notice of Joiner with the CPUC. He said
there is a delay list with PG&E at no charge in process.
12
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — SEPTEMBER 13, 2011
Councilmember Johnson stated she has received calls about health concerns and costs with
the SmartMeter. She said the previous Resolution passed by Council was not respected by
PG&E. Councilmember Johnson stated there needs to be a no -cost opt -out option included
for those citizens who do not want the SmartMeter.
Councilmember Borchard stated she is not concerned with health issues; however, she
respects those who have those concerns. She supports the opt -out at no cost option; however,
she is not ready to join an action by a small community of people to file a Notice of Joiner
with the CPUC until she knows what that action is.
MOTION: Councilmember Smukler moved the City Council file a Notice of Joiner with
the CPUC protesting the application filed by PG&E in regard to the Opt -Out
Program for customers who object to the SmartMeter installation with a focus
primarily on the request for a no -cost Opt -Out Program. The motion was
seconded by Councilmember Johnson.
Councilmember Borchard expressed concern with filing a Notice of Joiner with the CPUC at
this time.
® Councilmember Johnson stated she supports filing a Notice of Joiner with the CPUC.
11
Mayor Yates stated he does not support filing a Notice of Joiner with the CPUC.
Councilmember Leage he does not support filing a Notice of Joiner with the CPUC.
Councilmember Smukler stated by filing a Notice of Joiner with the CPUC would be the
most opportune way to be heard and should be pursued.
Councilmember Borchard stated this should wait on the ruling of the State/Assembly.
VOTE: The motion failed with Councilmember Borchard, Councilmember
Leage and Mayor Yates voting no. (2-3)
MOTION: Councilmember Borchard moved the City Council direct staff to follow up
in a similar manner as San Luis Obispo and Santa Barbara Counties by
submitting a letter to the CPUC for a no cost opt -out provision. The
motion was seconded by Councilmember Smukler.
Mayor Yates stated he does not support this motion because it does not fit with the title of
this item.
13
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — SEPTEMBER 13, 2011
Councilmember Smukler suggested an amendment to submit the letter in time for the CPUC
to be aware of Council's action by tomorrow.
VOTE: The motion carried with Mayor Yates voting no. (4-1)
E. DECLARATION OF FUTURE AGENDA ITEMS
Councilmember Johnson requested to agendize a public hearing to discuss a smoking ban
within the City of Morro Bay; Councilmember Borchard and Councilmember Smukler
supported this request.
ADJOURNMENT
The meeting adjourned at 8:20 p.m.
Recorded by:
Bridgett Kessling
City Clerk
U
14
® City of Morro Bay
City Council Agenda
Mission Statement
The City of Morro Bay is dedicated to the preservation and enhancement of the quality
of life The City shall be committed to this purpose and will provide a level of
municipal service and safety consistent with and responsive to the needs of the public.
REGULAR MEETING — TUESDAY, AUGUST 23, 2011
VETERANS MEMORIAL HALL - 6:00 P.M.
209 SURF ST., MORRO BAY, CA
ESTABLISH QUORUM AND CALL TO ORDER
MOMENT OF SILENCE
PLEDGE OF ALLEGIANCE
MAYOR AND COUNCILMEMBERS ANNOUNCEMENTS & PRESENTATIONS
CLOSED SESSION REPORT
PUBLIC COMMENT PERIOD - Members of the audience wishing to address the
® Council on City business matters (other than Public Hearing items under Section B) may
do so at this time.
To increase the effectiveness of the Public Comment Period, the following rules shall be
followed:
• When recognized by the Mayor, please come forward to the podium and state
your name and address for the record. Comments are to be limited to three
minutes.
• All remarks shall be addressed to Council, as a whole, and not to any
individual member thereof.
• The Council respectfully requests that you refrain from making slanderous,
profane or personal remarks against any elected official, commission and/or
staff.
• Please refrain from public displays or outbursts such as unsolicited applause,
comments or cheering.
• Any disruptive activities that substantially interfere with the ability of the City
Council to carry out its meeting will not be permitted and offenders will be
requested to leave the meeting.
• Your participation in City Council meetings is welcome and your courtesy
will be appreciated.
In compliance with the Americans with Disabilities Act, if you need special assistance to
participate in this meeting, please contact the City Clerk, (805) 772-6205. Notification
® 24 hours prior to the meeting will enable the City to make reasonable arrangements to
ensure accessibility to this 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 THE MINUTES FOR THE REGULAR CITY COUNCIL
MEETING OF AUGUST 9, 2011; (ADMINISTRATION)
RECOMMENDATION: Approve as submitted.
A-2 RESOLUTION NO. 60-11 ADOPTING THE CITY OF MORRO BAY TRAVEL
POLICY; (ADMINISTRATIVE SERVICES)
RECOMMENDATION: Adopt Resolution No. 60-11.
A-3 APPROVAL OF SAN LUIS COASTAL UNIFIED SCHOOL DISTRICT
REQUEST FOR CITY PUBLIC, EDUCATION AND GOVERNMENT ACCESS
FUNDS; (PUBLIC SERVICES)
RECOMMENDATION: Approve the San Luis Coastal Unified School District's
June 28, 2011 request for $14,525 in Public, Education and Government
Access funds for the purchase equipment for the Morro Bay High School
video production studio.
is A-4 RATIFICATION OF COUNCIL ACTION ON JUNE 28, 2011 PERTAINING
TO RESOLUTION 45-11 ESTABLISHING A THREE YEAR MORATORIUM
FOR' THE PAYMENT OF DEVELOPMENT IMPACT FEES FOR
COMMERCIAL AND MIXED USE PROJECTS WITHIN A COMMERCIAL
ZONE DISTRICT; (CITY ATTORNEY)
1
RECOMMENDATION: Ratify Council action of June 28, 2011 pertaining to
Resolution 45-11 which established a three year moratorium on development
impact fees for commercial and mixed use projects within a commercial zone
district.
A-5 PROCLAMATION DECLARING SEPTEMBER 25 — OCTOBER 1, 2011 AS
"WILDLIFE AWARENESS WEEK"; (ADMINISTRATION)
RECOMMENDATION: Adopt Proclamation.
B. PUBLIC HEARINGS. REPORTS & APPEARANCES
B-1 APPEAL OF THE PLANNING COMMISSION'S DECISION FOR A
TEMPORARY USE PERMIT TO ALLOW USE OF AN EXISTING DOCK
FOR SPORT AND COMMERCIAL FISHING FOR A PERIOD OF SIX
MONTHS (GAFCO/VIRG'S); (PUBLIC SERVICES)
2
RECOMMENDATION: Deny the appeal and uphold the Planning Commission's
® approval of Temporary Use Permit #UPO-319 subject to Findings and
Conditions of Approval.
B-2 RESOLUTION NO. 61-11 APPROVING MORRO BAY GARBAGE SERVICE
BASE YEAR RATE ADJUSTMENT APPLICATION REQUESTING AN
INCREASE TO SOLID WASTE COLLECTION RATES; (PUBLIC
SERVICES)
RECOMMENDATION: Adopt Resolution No. 61-11 approving Morro Bay
Garbage Service's Base Year Rate Adjustment Application and the resulting
rate schedule.
C. UNFINISHED BUSINESS — NONE.
D. NEW BUSINESS
D-1 RESOLUTION NO. 59-11 ADOPTING REVISIONS TO THE MASTER FEE
SCHEDULE; (ADMINISTRATIVE SERVICES)
RECOMMENDATION: Adopt Resolution No. 59-11.
D-2 RESOLUTION 62-11 AMENDING THE CITY OF MORRO BAY ADVISORY
BOARDS HANDBOOK AND BY-LAWS; (CITY ATTORNEY)
® RECOMMENDATION: Review the Advisory Board Handbook and By -Laws
and adopt Resolution 62-11.
11
E. DECLARATION OF FUTURE AGENDA ITEMS
F. 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.
MATERIALS RELATED TO AN ITEM ON THIS AGENDA SUBMITTED TO
THE CITY COUNCIL AFTER DISTRIBUTION OF THE AGENDA PACKET
ARE AVAILABLE FOR PUBLIC INSPECTION AT CITY HALL LOCATED AT
595 HARBOR STREET DURING NORMAL BUSINESS HOURS OR AT THE
SCHEDULED MEETING.
3
MINUTES - MORRO BAY CITY COUNCIL
® REGULAR MEETING — AUGUST 23, 2011
VETERANS MEMORIAL HALL - 6:00 P.M.
Mayor Yates called the meeting to order at 6:00 p.m.
PRESENT: William Yates Mayor
Carla Borchard Councilmember
Nancy Johnson Councilmember
George Leage Councilmember
Noah Smukler Councilmember
STAFF: Andrea Lueker
City Manager
Robert Schultz
City Attorney
Bridgett Kessling
City Clerk
Janeen Burlingame
Management Analyst
Susan Lichtenbaum
Harbor Business Manager
Rob Livick
Public Services Director
Tim Olivas
Police Chief
Mike Pond
Fire Chief
Susan Slayton
Administrative Services Director
Joe Woods
Recreation & Parks Director
ESTABLISH QUORUM AND CALL TO ORDER
® MOMENT OF SILENCE
PLEDGE OF ALLEGIANCE
MAYOR AND COUNCIL MEMBERS REPORTS, ANNOUNCEMENTS &
PRESENTATIONS
CLOSED SESSION REPORT — there was no Closed Session report.
I]iJ:111 [KK�]LILI dill 11
James Bueno, Morro Bay High Football Coach and varsity football team members offered
to support the community and asked the community to come out to the football games this
season; they presented Council with t-shirts supporting the team as the 12's man.
Harbor Patrol Supervisor Becka Kelly presented a Certificate of Appreciation to Scott
Baksic for his efforts in upgrading and maintaining the Harbor Department's beach
wheelchair used by disabled people at no charge to enjoy the coastline, and also used in
beach rescues. She also thanked Mobility Masters for their assistance in supplying all the
parts needed at their cost to upgrade the wheelchair.
Robert Davis, representative of the San Luis Obispo Bike Club, announced the 40"' Annual
Lighthouse Bike Ride will be held on September 24th and will go between Piedras Blancas
and Cuesta College. He said the Bike Ride is held to raise funds for local high school and
college scholarships and to support local charities.
l
® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — AUGUST 23, 2011
Mr. Davis stated this year the Bike Club is donating more than $55,000 that will go
towards scholarships but also Morro Bay Police Department Community Volunteers and
the Morro Bay 4 s of July Committee for bike valet parking at the bike parade. He said they
also support the Central Coast Mountain Bikers who build and maintain trails in Morro Bay
and Montana de' Oro State Parks.
Annie Clapp, owner of the Chablis, announced the different events held on the Chablis.
She said she and her husband also own the Morro Bay Coffee Company which features
fresh baked pastries.
Tom Martin, owner of Morro Bay Garbage Service, announced "Clean Up Week" will be
held on the week of September 12's - 16's.
Betty Winholtz addressed Item D-2 (Resolution 62-11 Amending the City of Morro Bay
Advisory Boards Handbook and By -Laws) stating the high expectations noted on page 6,
"Knowledge of the Community Marketplace, Process, Objectives, and Laws", may
discourage people from applying to an Advisory Board; this paragraph should be rewritten
or removed. She also addressed Item D-1 (Resolution No. 59-11 Adopting Revisions to the
Master Fee Schedule) stating this item should have been scheduled as a public hearing; she
® referred to page 6 noting the appeal fee of $250 should be set as a one-time fee; under the
Harbor Department, the annual parking fee of $100 at Tidelands — she said this fee defeats
the purpose and encourages people to stay for long periods of time. Ms. Winholtz
addressed Item A-4 (Ratification of Council Action on June 28, 2011 Pertaining to
Resolution 45-11 Establishing a Three Year Moratorium for the Payment of Development
Impact Fees for Commercial and Mixed Use Projects Within a Commercial Zone District)
stating the Development Impact Fees as proposed is going to impact City services and
infrastructure in a negative way.
John Solu announced that in the month of June, Morro Bay had the highest increase in
occupancy in San Luis Obispo County. He also expressed disappointment with the
distribution of negative flyers to tourists relating to sea otter awareness.
Garry Johnson also expressed disappointment with the flyers that were distributed
regarding sea otter awareness. He referred to Item A-5 (Proclamation Declaring September
25 — October 1, 2011 as "Wildlife Awareness Week") which covers not only sea otters but
all wildlife in Morro Bay.
John Barta addressed the upcoming Sign Ordinance Workshop which he will not be able to
attend; he requested Council consider introducing the presentation that he prepared on the
Sign Ordinance from his past term on the Planning Commission at this Workshop.
Susan Stewart, Chair of the Community Promotions Committee, gave an update on the
Committee's activities.
MINUTES - MORRO BAY CITY COUNCIL
® REGULAR MEETING — AUGUST 23, 2011
Craig Schmidt announced the upcoming Visitor Center Open House and Workshop
scheduled for September 7h and 8'h, and the 5 h Annual Avocado/Margarita Festival
scheduled for September 17`s.
Roger Ewing stated the City Council should not have abandoned the recognition of the Sea
Otter Awareness Proclamation. He said tourism is based on admiring the bay and its living
life.
Mayor Yates closed the hearing for public comment.
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 THE MINUTES FOR THE REGULAR CITY COUNCIL
MEETING OF AUGUST 9, 2011; (ADMINISTRATION)
RECOMMENDATION: Approve as submitted.
® A-2 RESOLUTION NO. 60-11 ADOPTING THE CITY OF MORRO BAY TRAVEL
POLICY; (ADMINISTRATIVE SERVICES)
RECOMMENDATION: Adopt Resolution No. 60-11.
A-3 APPROVAL OF SAN LUIS COASTAL UNIFIED SCHOOL DISTRICT
REQUEST FOR CITY PUBLIC, EDUCATION AND GOVERNMENT ACCESS
FUNDS; (PUBLIC SERVICES)
RECOMMENDATION: Approve the San Luis Coastal Unified School District's
June 28, 2011 request for $14,525 in Public, Education and Government
Access funds for the purchase equipment for the Morro Bay High School
video production studio.
A-4 RATIFICATION OF COUNCIL ACTION ON JUNE 28, 2011 PERTAINING
TO RESOLUTION 45-11 ESTABLISHING A THREE YEAR MORATORIUM
FOR THE PAYMENT OF DEVELOPMENT IMPACT FEES FOR
COMMERCIAL AND MIXED USE PROJECTS WITHIN A COMMERCIAL
ZONE DISTRICT; (CITY ATTORNEY)
RECOMMENDATION: Ratify Council action of June 28, 2011 pertaining to
Resolution 45-I1 which established a three year moratorium on development
® impact fees for commercial and mixed use projects within a commercial zone
district.
3
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — AUGUST 23, 2011
A-5 PROCLAMATION DECLARING SEPTEMBER 25 — OCTOBER 1, 2011 AS
"WILDLIFE AWARENESS WEEK"; (ADMINISTRATION)
RECOMMENDATION: Adopt Proclamation.
Mayor Yates pulled Items A-2 and A-5 from the Consent Calendar; Councilmember
Smukler pulled Item A4.
MOTION: Councilmember Borchard moved the City Council approve Items A-1
and A-3 of the Consent Calendar. The motion was seconded by
Councilmember Johnson and carried unanimously. (5-0)
A-2 RESOLUTION NO. 60-11 ADOPTING THE CITY OF MORRO BAY TRAVEL
POLICY, (ADMINISTRATIVE SERVICES)
Administrative Services Director Susan Slayton directed Council to two amendments to
the Morro Bay Travel Policy: 1) under Section B — (General Provisions) 8.... (for the
® current reimbursement rate, visit www.irs.eov, and search for mileage 2NOXX; and 2)
under Section B — (Meals) 7. A per diem allowance has been added as follows: 201/o
breakfast; 30% lunch; 50% dinner, and it is subject to receipts.
E
MOTION: Councilmember Johnson moved the City Council approve Item A-2 of the
Consent Calendar as amended. The motion was seconded by
Councilmember Borchard and carried unanimously. (5-0)
A-4 RATIFICATION OF COUNCIL ACTION ON JUNE 28, 2011 PERTAINING
TO RESOLUTION 45-11 ESTABLISHING A THREE YEAR MORATORIUM
FOR THE PAYMENT OF DEVELOPMENT IMPACT FEES FOR
COMMERCIAL AND MDG;D USE PROJECTS WITHIN A COMMERCIAL
ZONE DISTRICT; (CITY ATTORNEY)
Councilmember Smukler stated he would be voting in opposition to this item due to his
concerns with the length and broadness of the moratorium.
MOTION: Councilmember Johnson moved the City Council approve Item A-4 of the
Consent Calendar. The motion was seconded by Councilmember Borchard
and carried with Councilmember Smukler voting no. (4-1)
0
® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — AUGUST 23, 2011
A-5 PROCLAMATION DECLARING SEPTEMBER 25 — OCTOBER 1, 2011 AS
"WILDLIFE AWARENESS WEEK"; (ADMINISTRATION)
Councilmember Smukler requested to add paragraph #3 as follows:
WHEREAS, our actions and lifestyle choices have positive and negative effects on
ecosystems and wildlife; and
MOTION: Councilmember Smukler moved the City Council approve Item A-5 of the
Consent Calendar as amended. The motion was seconded by
Councilmember Leage and carried unanimously. (5-0)
Mayor Peters called for a break at 6:50 p.m.; the meeting resumed at 7:00 p.m.
B. PUBLIC HEARINGS. REPORTS & APPEARANCES
B-1 APPEAL OF THE PLANNING COMMISSION'S
TEMPORARY USE PERMIT TO ALLOW USE OF
FOR SPORT AND COMMERCIAL FISHING FOR
® MONTHS (GAFCO/VIRG'S); (PUBLIC SERVICES)
Councilmember Leage stepped down due to a conflict of interest.
DECISION FOR A
AN EXISTING DOCK
A PERIOD OF SIX
Public Services Director Rob Livick stated the applicant, owner of Great American Fish
Company (GAFCO), has applied for an Administrative Temporary Use Permit for Virg's
Sport Fishing Company to locate their operation at the GAFCO's lease site. During the
10-day comment and review period, a letter in opposition was received by the Public
Services Department from neighboring business owners. The owners were concerned
with the impacts that the project may have on parking for both the Embarcadero lease site
parking lot and the Front Street parking lot. The opposition feels that patrons of the
Virg's Landing will utilize the parking stalls located directly in front of other businesses
and due to the length of time they are gone while out fishing and using the parking stalls
for the entire business day. On June 15, 2011 the Temporary Use Permit was heard by
the Planning Commission at a public hearing. At this meeting it was the decision of the
Planning Commission to approve the permit subject to Findings and Conditions of
Approval. On June 23, 2011, the City of Morro Bay received an appeal on the permit
filed by Leonard Willhite of 1124 Front Street, a neighboring business. The basis of his
appeal is that the approval of UPO-319 was based on misinformation and Commissioner
tampering. Mr. Willhite's appeal makes this declaration but does not provide any
documentation to substantiate this claim. Without documentation supporting this claim
there is no basis to determine whether this claim has merit and warrant granting an
® appeal.
® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — AUGUST 23, 2011
Mr. Livick recommended the City Council deny the appeal and uphold the Planning
Commission's approval of Temporary Use Permit #UPO-319, subject to the Findings and
Conditions of Approval.
Leonard Willhite, appellant, stated his objection is with the application for the permit.
He said the parking lot on Front Street is being over -burdened with parking from those
going out on the boats while the lot across the street on the Embarcadero is not being
used. He expressed opposition to the $250 appeal fee that he had to pay. Mr. Willhite
stated he has worked out an agreement with Virg's and said the City Council can allow
their permit with conditions.
Cathy Novak, representing the applicant, stated after 57 years in the same location, Virg's
moved their operations and since Morro Bay has a limited number of docks that can
accommodate passengers and not interfere with the core of the Embarcadero, Virg's
sought out a site that would be the least impactful and teamed up with GAFCO. The first
concern of the appeal was in regards to whether this temporary use is subject to Measure
D or if it is a continuation of a historic use and therefore allowed under Measure D.
There has never been any intention to abandon the sport fishing use at GAFCO but over
the years commercial fishing boats have been given priority for the dock space. Since
® GAFCO has had traditional uses with both commercial fishing and sport fishing
operations, the Planning Commission determined that this proposed use is consistent with
Measure D. The second concern of the appeal was in regards to parking. The Planning
Commission determined this is a "historic use" and therefore, there is no intensification
of the use and no new parking is required because it has already been provided for at the
highest use. As for previous parking arrangements in contrast with today, there shouldn't
be any significant changes. Virg's has made a concerted effort now and in the past to
control parking. Virg's sends a person down to the parking lot to make sure people don't
park in the lot in front of GAFCO and also directs them towards the northern end of the
Front Street lot to leave room for the businesses at the south Front Street area. While any
additional use of the parking lot may appear to be an impact on the businesses at the
southern end, Ms. Novak proposed a possible solution to keep those spaces free from the
all -day use by marking the south end spaces as four hour parking. She also noted the
motel has overnight guests and suggested the possibility of using cones or something in
that order. In conclusion, Ms. Novak stated that maintaining a sport fishing fleet is an
integral part of Morro Bay's identity since it is a working harbor. Virg's works in concert
with many other businesses in town by putting together promotional packages and
bringing visitors to town.
Mayor Yates opened the hearing for public comment.
11
0
® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — AUGUST 23, 2011
Betty Winholtz stated since the appellant and applicant worked out an equitable solution,
the Council should consider refunding the appellant his filing fee of $250. She said
Council received a letter from one business owner that addressed. legal concerns
regarding permitting that should be addressed. Ms. Winholtz stated equity between
businesses and parking issues also need to be addressed.
Roger Ewing expressed support of this appeal; however, he applauds the mutual
agreement that took place between the applicant and appellant. He also agrees the appeal
filing fee should be refunded to the appellant. Mr. Ewing addressed fairness to all
businesses, which he does not believe happened in this case.
Mayor Yates closed the hearing for public comment.
Councilmember Smukler stated he supports refunding the appeal filing fee to the
appellant. He said he hopes some of the responsibilities of the agreement between the
applicant and appellant falls upon the lease holder and not on the Front Street businesses.
Mayor Yates stated there are proposed plans for parking on Front Street in the future. He
® said the return of the appeal fee in this case is a unique request.
Councilmember Johnson stated this business has been on the Embarcadero for 30+ years
and the Public Services Department should work out the parking. She said she does not
support returning the appeal filing fee.
Councilmember Borchard stated she agrees with Councilmember Smukler that there
needs to be shared responsibility on the impact of the parking. She said the appellant
should have mentioned the agreement he made with the applicant during the Public
Comment period instead of filing an appeal, paying the appeal filing fee, and wasting
staff time. Councilmember Borchard stated she is apprehensive to refunding the appeal
filing fee due to setting precedence.
MOTION: Mayor Yates moved the City Council deny the appeal and uphold the
Planning Commission's approval of Temporary Use Permit #UPO-319,
subject to the Findings and Conditions of Approval; and, refund the appeal
filing fee of $250 to the appellant. The motion was seconded by
Councilmember Borchard and carried with Councilmember Leage
abstaining. (4-0-1)
VA
(� MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — AUGUST 23, 2011
B-2 RESOLUTION NO. 61-11 APPROVING MORRO BAY GARBAGE SERVICE
BASE YEAR RATE ADJUSTMENT APPLICATION REQUESTING AN
INCREASE TO SOLID WASTE COLLECTION RATES; (PUBLIC
SERVICES)
Management Analyst Janeen Burlingame stated the City Council adopted Resolution 48-01
approving the Garbage, Recycling and Greenwaste Franchise Agreement for collection
service effective January 1, 2002 and setting the initial rates for collection for residential
and commercial customers. On June 21, 2011 the City received from Morro Bay Garbage
Service (MBGS) a Base Year Rate Adjustment Application with a request for an increase
to the solid waste rates. Based on the calculations in the rate setting manual, the increase to
solid waste rates would be 8.68%. However, MBGS felt that given the "fragile business
climate" that a large increase may not be palatable and has proposed an alternative set of
increases that over the next three years would eventually capture the 8.68%. Ms.
Burlingame recommended the City Council adopt Resolution No. 61-11 approving Morro
Bay Garbage. Service's Base Year Rate Adjustment Application and the resulting rate
schedule contained therein.
® Mayor Yates opened the hearing for public comment.
Betty Winholtz stated there is no incentive in the proposal to reduce waste. She said there
should also be more education on reducing waste involved in this program.
Mayor Yates closed the hearing for public comment.
MOTION: Councilmember Borchard moved the City Council adopt Resolution No.
61-11 approving Morro Bay Garbage Service's Base Year Rate
Adjustment Application and the resulting rate schedule contained therein.
The motion was seconded by Councilmember Johnson and carried
unanimously. (5-0)
C. UNFINISHED BUSINESS — NONE.
D. NEW BUSINESS
D-1 RESOLUTION NO. 59-11 ADOPTING REVISIONS TO THE MASTER FEE
SCHEDULE; (ADMINISTRATIVE SERVICES)
Administrative Services Director Susan Slayton stated staff has prepared a resolution for the
annual adoption of the proposed Master Fee Schedule for the 2011/12 fiscal year. She
® recommended the City Council review the proposed draft Schedule, make any revisions
necessary, and adopt Resolution No. 59-11.
8
® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — AUGUST 23, 2011
Mayor Yates stated he will not vote in support of this Master Fee Schedule because it is
nickel and diming and he does not support increasing Public Safety fees.
MOTION: Mayor .Yates moved to deny the Master Fee Schedule for the 2011/12
fiscal year. The motion was seconded by Councilmember Leage.
Councilmember Smukler stated he will vote in opposition to this motion because he
wants to avoid not approving any increases where the Fund becomes out of balance and
then larger increases are necessary; and, minor increases are more palatable.
Mayor Yates stated Council should ask for the Master Fee Schedule to be brought back
without it being an automatic annual report.
VOTE: The motion failed with Councilmembers Borchard, Johnson
and Smukler voting no. (2-3)
MOTION: Councilmember Borchard moved the City Council adopt Resolution No.
59-11 with the amendment to maintain the appeal filing fee at a fixed fee
® of $250. The motion was seconded by Councilmember Smukler and
carried with Councilmember Leage and Mayor Yates voting no. (3-2)
D-2 RESOLUTION 62-11 AMENDING THE CITY OF MORRO BAY ADVISORY
BOARDS HANDBOOK AND BY-LAWS, (CITY ATTORNEY)
City Attorney Robert Schultz stated pursuant to City Council direction, staff has
reviewed the Advisory Board Handbook and By -Laws and made corrections, deletions
and amendments to more clearly define how each Advisory Board is currently working.
In addition, staff has added By -Laws for the Planning Commission. If these are approved,
staff will return with an Ordinance to delete Morro Bay Municipal Code 2.28 removing
the Planning Commission from the Morro Bay Municipal Code. Mr. Schultz
recommended the City Council adopt Resolution 62-11 which will update the City's
Advisory Board Handbook and By -Laws and create By -Laws for the Planning
Commission and allow for the streamlining of the City's Municipal Code.
Councilmember Smukler referred to special meetings and asked if they are considered a
"consecutive meeting" in regards to absences.
Mayor Yates requested a motion to include amendments on pages 18 and 21 of the
Advisory Board Handbook (Absence from Meetings) to read: "Absence of a Board
Member from two (2) consecutive meetings or three (3) meetings in any consecutive 12-
® month period ..."
E
MINUTES - MORRO BAY CITY COUNCIL
® REGULAR MEETING — AUGUST 23, 2011
MOTION: Councilmember Borchard moved the City Council adopt Resolution 62-11
updating the City's Advisory Board Handbook, with the amendments to
pages 18 and 21 (Absence from Meetings), and By -Laws and creating By -
Laws for the Planning Commission to allow for the streamlining of the
City's Municipal Code. The motion was seconded by Councilmember
Johnson and carried unanimously. (5-0)
E. DECLARATION OF FUTURE AGENDA ITEMS
Councilmember Smukler requested to agendize the consideration of an advisory board
mixer; Council concurred.
Councilmember Smukler requested to agendize a discussion on Smart Meter installations
in Morro Bay; Council concurred.
Councilmember Smukler requested to agendize a discussion on Morro Rock
improvements; Council concurred.
Councilmember Smukler requested to agendize a discussion on Morro Rock trash can
service; Council concurred.
Mayor Yates requested to agendize a discussion on appointing an alternate to the Air
Pollution Control District Board; Council concurred.
ADJOURNMENT
The meeting adjourned at 8:20 p.m.
Recorded by:
Bnkesslm
g g
City Clerk
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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 — TUESDAY, AUGUST 9, 2011
CLOSED SESSION — TUESDAY, AUGUST 9, 2011
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 City Manager, the City's Designated
® Representative, for the purpose of reviewing the City's position regarding the
terms and compensation paid to the City Employees and giving instructions to the
Designated Representative.
IT IS NOTED THAT THE CONTENTS OF CLOSED SESSION MEETINGS
ARE CONFIDENTIAL AND EXEMPT FROM DISCLOSURE.
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PUBLIC SESSION — TUESDAY, AUGUST 9, 2011
® VETERANS MEMORIAL HALL - 6:00 P.M.
209 SURF ST., MORRO BAY, CA
ESTABLISH QUORUM AND CALL TO ORDER
MOMENT OF SILENCE
PLEDGE OF ALLEGIANCE
MAYOR AND COUNCILMEMBERS ANNOUNCEMENTS & PRESENTATIONS
CLOSED SESSION REPORT
PUBLIC COMMENT PERIOD - Members of the audience wishing to address the
Council on City business matters (other than Public Hearing items under Section B) may
do so at this time.
To increase the effectiveness of the Public Comment Period, the following rules shall be
followed:
• When recognized by the Mayor, please come forward to the podium and state
your name and address for the record. Comments are to be limited to three
minutes.
• All remarks shall be addressed to Council, as a whole, and not to any
individual member thereof.
• The Council respectfully requests that you refrain from making slanderous,
profane or personal remarks against any elected official, commission and/or
® staff.
• Please refrain from public displays or outbursts such as unsolicited applause,
comments or cheering.
• Any disruptive activities that substantially interfere with the ability of the City
Council to carry out its meeting will not be permitted and offenders will be
requested to leave the meeting.
• Your participation in City Council meetings is welcome and your courtesy
will be appreciated.
In compliance with the Americans with Disabilities Act, if you need special assistance to
participate in this meeting, please contact the City Clerk, (805) 772-6205. Notification 24
hours prior to the meeting will enable the City to make reasonable arrangements to ensure
accessibility to this 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 THE MINUTES FOR THE REGULAR CITY COUNCIL
MEETING OF DULY 12, 2011; (ADMINISTRATION)
RECOMMENDATION: Approve as submitted.
2
A-2 RESOLUTION NO. 57-11 ESTABLISHING THE ANNUAL PROPOSITION 4
APPROPRIATIONS LIMIT FOR THE FISCAL YEAR 2011/12;
® (ADMINISTRATIVE SERVICES)
RECOMMENDATION: Adopt Resolution No. 57-11.
A-3 AUTHORIZATION TO FILE NOTICE OF COMPLETION FOR DESAL
PRODUCT WATER LINE REPLACEMENT PROJECT: MB-2010-WI;
(PUBLIC SERVICES)
RECOMMENDATION: Accept the Project as completed by Brough
Construction, Inc. and authorize the filing of a Notice of Completion.
A-4 RESOLUTION NO. 55-11 ESTABLISHING THE COMPENSATION AND
WORKING CONDITIONS. FOR THE MANAGEMENT GROUP OF THE CITY
OF MORRO BAY; (ADMINISTRATION)
RECOMMENDATION: Adopt Resolution No. 55-11.
A-5 RESOLUTION NO. 56-11 ADOPTING AN AGREEMENT ON THE
COMPENSATION AND WORKING CONDITIONS FOR THE
CONFIDENTIAL GROUP OF THE CITY OF MORRO BAY,
(ADMINISTRATION)
® RECOMMENDATION: Adopt Resolution No. 56-11.
B. PUBLIC HEARINGS. REPORTS & APPEARANCES
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B-1 AMENDMENT TO CONDITIONAL USE PERMIT #UP0-042 AND COASTAL
DEVELOPMENT PERMIT #CPO-064 FOR 555 MAIN STREET TO INCREASE
DENSITY FROM 18 UNITS TO 21 UNITS AND ADOPTION OF A
RESOLUTION NO 58-11 AUTHORIZING THE SUBMITTAL OF AN
APPLICATION TO THE CALIFORNIA STATE DEPARTMENT OF HOUSING
AND COMMUNITY DEVELOPMENT FOR FUNDING UNDER THE HOME
INVESTMENT PARTNERSHIP PROGRAM; (PUBLIC SERVICES)
RECOMMENDATION: Conditionally approve an amendment to Conditional
Use Permit #UPO-042 and Coastal Development Permit #CPO-064 to allow
three additional deed restricted senior affordable residential units subject to
the Findings in Exhibit A and Conditions of Approval in Exhibit B; and
adopt Resolution No. 58-11 authorizing submittal of an application to the
California State Department of Housing and Community Development for
funding under the HOME Investment Partnership Program; and if selected,
the execution of a standard agreement.
3
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C. UNFINISHED BUSINESS
C-1 ADOPTION OF ORDINANCE NO. 569 AUTHORIZING THE AMENDMENT
OF SECTION 20475 (DIFFERENT LEVEL OF BENEFITS; SECTION 21363.1
(3% @ 55 FULL FORMULA); AND SECTION 20037 (THREE-YEAR FINAL
COMPENSATION) FOR NEW, SWORN HIRES IN THE POLICE
DEPARTMENT; (ADMINISTRATIVE SERVICES)
RECOMMENDATION:
D. NEW BUSINESS
Adopt Ordinance No. 569.
D-I RESOLUTION NO. 52-11 AUTHORIZING AND DIRECTING THE
EXECUTION OF CERTAIN INSTALLMENT SALE DOCUMENTS IN
CONNECTION WITH THE OFFERING AND SALE OF $1,500,000
CERTIFICATES OF PARTICIPATION RELATING TO THE FINANCING OF
FIRE STATION NO. 53, AND AUTHORIZING AND DIRECTING CERTAIN
ACTIONS WITH RESPECT THERETO; (ADMINISTRATIVE SERVICES)
RECOMMENDATION: Adopt Resolution No. 52-11.
D-2 RESOLUTION NO. 53-11 AUTHORIZING AND DIRECTING THE
EXECUTION OF CERTAIN INSTALLMENT SALE DOCUMENTS IN
CONNECTION WITH THE OFFERING AND SALE OF $100,000
CERTIFICATES OF PARTICIPATION RELATING TO THE FINANCING OF
FIRE STATION NO. 53, AND AUTHORIZING AND DIRECTING CERTAIN
ACTIONS WITH RESPECT THERETO; (ADMINISTRATIVE SERVICES)
RECOMMENDATION: Adopt Resolution No. 53-11.
D-3 RESOLUTION NO. 54-11 AUTHORIZING THE SIGNING OF USDA FORMS,
WHICH AUTHORIZE AND PROVIDE FOR THE INCURRENCE OF
INDEBTEDNESS FOR FIRE STATION NO. 53 ADMINISTRATION
BUILDING, (ADMINISTRATIVE SERVICES)
RECOMMENDATION: Adopt Resolution No. 54-11.
D4 AWARD OF CONTRACT TO RARIG CONSTRUCTION, INC. OF SAN LUIS
OBISPO, CA FOR THE PROJECT NO. MB-2010-FD-01: FIRE STATION 53
OFFICE AND LIVING QUARTERS PROJECT; (PUBLIC SERVICES)
RECOMMENDATION: Award the project contract to Rarig Construction, Inc.
in the amount of $2,852,000.
C!
D-5 DISCUSSION ON APPOINTMENT OF CITY COUNCIL MEMBERS TO THE
CHAMBER OF COMMERCE ECONOMIC DEVELOPMENT COMMITTEE;
® (ADMINISTRATION)
RECOMMENDATION: Staff recommends Council participate on the Chamber
of Commerce Economic Development Committee by appointing two Council
members to attend the meetings.
D-6 DISCUSSION ON THE ALLOCATION OF THE TOURISM BUSINESS
IMPROVEMENT DISTRICT FUNDS FOR THE VISITORS CENTER;
(ADMINISTRATION)
RECOMMENDATION: Staff recommends the City Council review the motion
made at the November 8, 2010 meeting, review staffs interpretation of that
motion, review the concern from the TBID Budget Sub -Committee, and
make any changes Council deems necessary.
E. DECLARATION OF FUTURE AGENDA ITEMS
F. ADJOURNMENT
THIS AGENDA IS SUBJECT TO AMENDMENT UP TO 72 HOURS PRIOR TO
THE DATE AND TU17E 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.
MATERIALS RELATED TO AN ITEM ON THIS AGENDA SUBMITTED TO
THE CITY COUNCIL AFTER DISTRIBUTION OF THE AGENDA PACKET
ARE AVAILABLE FOR PUBLIC INSPECTION AT CITY HALL LOCATED AT
595 HARBOR STREET DURING NORMAL BUSINESS HOURS OR AT THE
SCHEDULED MEETING.
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MINUTES - MORRO BAY CITY COUNCIL
CLOSED SESSION — AUGUST 9, 2011
® CITY HALL CONFERENCE ROOM - 5:00 P.M.
Mayor Yates called the meeting to order at 5:00 p.m.
PRESENT: William Yates
Mayor
Carla Borchard
Councilmember
Nancy Johnson
Councilmember
George Leage
Councilmember
Noah Smukler
Councilmember
STAFF: Andrea Lueker
City Manager
Robert Schultz
City Attorney
CLOSED SESSION
Mayor Yates adjourned the meeting to Closed Session and read the Closed Session
Statement.
® Mayor Yates read the Closed Session Statement.
CS-1 GOVERNMENT CODE SECTION 54957.6; CONFERENCE WITH
LABOR NEGOTIATOR. Conference with City Manager, the City's Designated
Representative, for the purpose of reviewing the City's position regarding the
terms and compensation paid to the City Employees and giving instructions to the
Designated Representative.
The meeting adjourned at 5:30 p.m.
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — AUGUST 9, 2011
® VETERANS MEMORIAL HALL - 6:00 P.M.
Mayor Yates called the meeting to order at 6:00 p.m.
PRESENT: William Yates Mayor
Carla Borchard Councilmember
Nancy Johnson Councilmember
George Leage Councilmember
Noah Smukler Councilmember
STAFF: Andrea Lueker
Robert Schultz
Bridgett Kessling
Rob Livick
Tim Olivas
Mike Pond
Susan Slayton
Dylan Wade
Kathleen Wold
Joe Woods
® ESTABLISH QUORUM.AND CALL TO ORDER
MOMENT OF SILENCE
PLEDGE OF ALLEGIANCE
City Manager
City Attorney
City Clerk
Public Services Director
Police Chief
Fire Chief
Administrative Services Director
Capital Projects Manager
Planning Manager
Recreation & Parks Director
MAYOR AND COUNCIL MEMBERS REPORTS, ANNOUNCEMENTS &
PRESENTATIONS
CLOSED SESSION REPORT - City Attorney Robert Schultz reported the City Council
met in Closed Session to discuss matters of labor negotiations; two matters are on the
open session agenda as follows: Items A4 (Resolution No. 55-11 Establishing the
Compensation and Working Conditions for the Management Group of the City of Morro
Bay) and A-5 (Resolution No. 56-11 Adopting an Agreement on the Compensation and
Working Conditions for the Confidential Group of the City of Morro Bay).
PUBLIC COMMENT
Kim Van Norstrand announced her shop which is an artisan co-op named Artsea at 736
Main Street where she sells and teaches the art of stained glass, and plans to open a tea
room.
Betty Winholtz announced Pamm Lary will be speaking at the Coalesce wedding chapel
on August 20'h at 3:00 p.m. on the ballot initiative regarding labeling genetically -
modified organisms. She also suggested since City employees are reducing their salaries
to benefit the budget, the City Council should also consider reducing their health
insurance benefits.
2
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MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — AUGUST 9, 2011
Hunter Kilpatrick stated Eco-Rotary asked for their participation along with the Gorilla
Gardeners in the zero waste program at the Relay for Life event, and he wis happy to
announce that 96% of the waste at the event was diverted from the landfill.
Richard Sadowski addressed the Morro Basin Nitrate Study that was focused on the
farmers, and said his report shows the nitrate pollution is more likely coming from
sewage that is coming from the main lines entering the aquifer on Highway 41 and Main
Street. He said it goes back to the remediation action at 1840 Main Street and due to the
differed maintenance practices of the collection system and neglect of addressing the
problem; further reports show the nitrate pollution is coming from sewage. Mr.
Sadowski addressed Item A-3 (Authorization to File Notice of Completion for Desal
Product Water Line Replacement Project: MB-2010-WI) stating he has video evidence
that shows this was not a water line replacement but instead an upsizing of the desal
infrastructure which would require a CEQA review and was circumvented by staff.
Taylor Newton announced Dahlia Daze and Cypress Nightz will be celebrated on August
26-27 with a wine and cheese reception on Friday night, and a festival with special events
with guest speakers and a barn dance on Saturday.
Marla Jo Bruton referred to plastic bag waste and noted she makes artistic bags to use in
place of plastic. She also said she was going to get a SmartMeter and then declined; she
® said the PUC has yet to make their ruling on the safety issues on SmartMeters.
Joan Solu addressed Item D-6 (Discussion on the Allocation of the Tourism Business
Improvement District (TBID) Funds for the Visitors Center) and noted the TBID sub-
committee sent the Council a letter discussing that it was their understanding that the
TBID would fund the $50,000 annually of the Visitor Center with the assessment value
returning to 3% of the gross room sales starting in November 2010. She said since they
have been assessed 2% from July 2010 to November 2010, Council could give TBID a
credit for the four months or start payments again in November 2011.
John Barta stated the current sprinkler regulations create less new building and remodel
permits due to the cost. He said the City should instead consider the installation of
advanced alarm systems instead of sprinkler systems.
John Weiss stated there are financial issues in the business community, and the Chamber
of Commerce is working diligently to address these issues. He said a survey has been
sent out regarding the economics of the business community. Mr. Weiss also said
applications are available for the Board of Directors of the Chamber.
Mayor Yates closed the hearing for public comment.
11
3
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — AUGUST 9, 2011
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 THE MINUTES FOR THE REGULAR CITY COUNCIL
MEETING OF JULY 12, 2011; (ADMINISTRATION)
RECOMMENDATION: Approve as submitted.
A-2 RESOLUTION NO. 57-11 ESTABLISHING THE ANNUAL PROPOSITION 4
APPROPRIATIONS LIMIT FOR THE FISCAL YEAR 2011/12;
(ADMINISTRATIVE SERVICES)
RECOMMENDATION: Adopt Resolution No. 57-11.
A-3 AUTHORIZATION TO FILE NOTICE OF COMPLETION FOR DESAL
PRODUCT WATER LINE REPLACEMENT PROJECT: MB-2010-W1;
(PUBLIC SERVICES)
RECOMMENDATION: Accept the Project as completed by Brough
® Construction, Inc. and authorize the riling of a Notice of Completion.
A4 RESOLUTION NO. 55-11 ESTABLISHING THE COMPENSATION AND
WORKING CONDITIONS FOR THE MANAGEMENT GROUP OF THE CITY
OF MORRO BAY; (ADMINISTRATION)
RECOMMENDATION: Adopt Resolution No. 55-11.
A-5 RESOLUTION NO. 56-11 ADOPTING AN AGREEMENT ON THE
COMPENSATION AND WORKING CONDITIONS FOR THE
CONFIDENTIAL GROUP OF THE CITY OF MORRO BAY;
(ADMINISTRATION)
RECOMMENDATION: Adopt Resolution No. 56-11.
MOTION: Councilmember Johnson moved the City Council approve the Consent
Calendar. The motion was seconded by Councilmember Borchard and
carried unanimously. (5-0)
Mayor Yates called for a break at 6:43 p.m.; the meeting resumed at 6:49 p.m.
1,
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — AUGUST 9, 2011
B. PUBLIC HEARINGS. REPORTS & APPEARANCES
B-1 AMENDMENT TO CONDITIONAL USE PERMIT #UPO-042 AND COASTAL
DEVELOPMENT PERMIT #CPO-064 FOR 555 MAIN STREET TO
INCREASE DENSITY FROM 18 UNITS TO 21 UNITS AND ADOPTION OF
A RESOLUTION NO 58-11 AUTHORIZING THE SUBMITTAL OF AN
APPLICATION TO THE CALIFORNIA STATE DEPARTMENT OF
HOUSING AND COMMUNITY DEVELOPMENT FOR FUNDING UNDER
THE HOME INVESTMENT PARTNERSHIP PROGRAM; (PUBLIC
SERVICES
Planning Manager Kathleen Wold stated on December 13, 2010 this project was modified
by the City Council to have 18 senior restricted affordable units eliminating all commercial
units. Once the modification was approved the applicant engaged his architect in designing
the project subject to all conditions of approval. During the design phase it became
apparent that additional units could be accommodated on this site. The applicant requests
an amendment to Conditional Use Permit #UPO-042 and Coastal Development Permit
#CPO-064 to modify the project to allow an increase in unit count from 18 senior restricted
affordable units to 21 senior restricted affordable units. Also included for Council
consideration is Resolution No. 58-11 authorizing the submittal of an application to the
California State Department of Housing and Community Development for funding under
® the HOME Investment Partnership Program. This is a follow up to the previous action
taken on December 13, 2010 where the City Council approved City sponsorship of a
request for HOME funds for this project. Ms. Wold recommended the City Council: 1)
approve the amendment to the project by granting a Density Bonus incentive increasing the
number of restricted senior affordable units to 21; and, 2) approve Resolution No. 58-11
authorizing the submittal of an application to the California State Department of Housing
and Community Development for funding under the HOME Investment Partnership
Program.
Robert Laing, Executive Director for Pacific Southwest (applicant), stated the request to
modify the project is to allow an increase in unit count from 18 senior restricted affordable
units to 21 senior restricted affordable units. He said the parking should be sufficient since
not all residents will have vehicles and there will be one space assigned for a van for
transport, and a handicap space. Mr. Laing stated one unit will be for the manager, 10 units
will be rented to those with 50% earned income, and the remaining 10 units with be rented
to those with 60% earned income. He said they will stay with the original plans that were
approved by the City and are compatible with the existing neighborhood. Mr. Laing
discussed the 55-year Residual Receipts Loan for this Affordable Housing Project.
Mayor Yates opened the hearing for public comment.
El
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-MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — AUGUST 9, 2011
John Barra stated he is a proponent of affordable housing; however, he reminded Council
that granny units are also a form of affordable housing that would not need new
infrastructure.
Patricia Gomez, Director for the Homeless Services Oversight Council, expressed support
for this project and increasing affordable housing in the County. She also requested some
units be considered for extremely low income residents.
Mayor Yates closed the hearing for public comment.
Council agreed they support the affordable housing portion of this project and would like to
support the funding portion to allow this project to move forward.
MOTION: Councilmember Smukler moved the City Council conditionally approve an
amendment to Conditional Use Permit #UPO-042 and Coastal Development
Permit #CPO-064 to allow three additional deed restricted senior affordable
residential units subject to the findings in Exhibit A and Conditions of
Approval in Exhibit B; and, adopt Resolution No. 58-11 authorizing
submittal of an application to the California State Department of Housing
and Community Development for funding under the HOME Investment
Partnership Program; and if selected, the execution of a standard agreement.
® The motion was seconded by Councilmember Leage and carried
unanimously. (5-0)
n
LJ
C. UNFINISHED BUSINESS
C-1 ADOPTION OF ORDINANCE NO. 569 AUTHORIZING THE AMENDMENT
OF SECTION 20475 (DIFFERENT LEVEL OF BENEFITS; SECTION 21363.1
(3% @ 55 FULL FORMULA); AND SECTION 20037 (THREE-YEAR FINAL
COMPENSATION) FOR NEW, SWORN HIRES IN THE POLICE
DEPARTMENT; (ADMINISTRATIVE SERVICES)
Administrative Services Director Susan Slayton stated on July 12, 2011, the City Council
was presented with Ordinance No. 569 for its introduction and first reading. While there
will not be a significant fiscal impact at the outset, by virtue of the change of retirement
formula, the City will see substantial savings as we hire new employees to replace our
existing employees, who either retire or move on to other agencies. It is known that the
new employer contribution rate for the new hires will be 20.308% of reportable earnings,
as opposed to the current rate of 35.055%. Ms. Slayton recommended the City Council
adopt Ordinance 569, authorizing the amendment of Different Level of Benefits, 3% @
55 Full formula and Three -Year Final Compensation for new, sworn hires in the Police
Department.
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MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING —AUGUST 9, 2011
®. MOTION: Councilmember Borchard moved the City Council adopt Ordinance 569,
authorizing the amendment of Different Level of Benefits, 3% @ 55 Full
formula and Three -Year Final Compensation for new, sworn hires in the
Police Department. The motion was seconded by Councilmember
Smukler and carried unanimously. (5-0)
D. NEW BUSINESS
D-1 RESOLUTION NO. 52-11 AUTHORIZING AND DIRECTING THE
EXECUTION OF CERTAIN INSTALLMENT SALE DOCUMENTS IN
CONNECTION WITH THE OFFERING AND SALE OF $1,500,000
CERTIFICATES OF PARTICIPATION RELATING TO THE FINANCING OF
FIRE STATION NO. 53, AND AUTHORIZING AND DIRECTING CERTAIN
ACTIONS WITH RESPECT THERETO; (ADMINISTRATIVE SERVICES)
Administrative Services Director Susan Slayton stated Resolution No. 52-11 requests that
the City Council approve the issuance of $1,500,000 in Certificates of Participation for
Fire Station No. 53 Administration Building project, and direct the Mayor, the City
Manager, the Administrative Services Director, the City Clerk and all other appropriate
officials of the City to execute the agreements, documents and certificates. Ms. Slayton
recommended the City Council adopt Resolution No. 52-11 therefore directing the
Mayor, the City Manager, the Administrative Services Director, the City Clerk and all
® other appropriate officials of the City to execute the agreements, documents and
certificates.
MOTION: Councilmember Borchard moved the City Council adopt Resolution No.
52-11 authorizing and directing the execution of certain installment sale
documents in connection with the offering and sale of $1,500,000
Certificates of Participation relating to the financing of Fire Station No.
5.3, and authorizing and directing certain actions with respect thereto. The
motion was seconded by Councilmember Johnson and carried
unanimously. (5-0)
D-2 RESOLUTION NO. 53-11 AUTHORIZING AND DIRECTING THE
EXECUTION OF CERTAIN INSTALLMENT SALE DOCUMENTS IN
CONNECTION WITH THE OFFERING AND SALE OF $300,000
CERTIFICATES OF PARTICIPATION RELATING TO THE FINANCING OF
FIRE STATION NO. 53, AND AUTHORIZING AND DIRECTING CERTAIN
ACTIONS WITH RESPECT THERETO, (ADMINISTRATIVE SERVICES)
Administrative Services Director Susan Slayton stated Resolution No. 53-1 I -requests that
the City Council approve the issuance of $300,000 in Certificates of Participation for Fire
Station No. 53 Administration Building project, and direct the Mayor, the City Manager,
the Administrative Services Director, the City Clerk and all other appropriate officials of
® the City to execute the agreements, documents and certificates.
7
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — AUGUST 9, 2011
40 The reason for the additional $300,000 are: 1) the additional costs associated with the
FEMA requirement of `Buy American," which caused a redesign of the facility to
accommodate the American -made heating and cooling system; and 2) the cost overrun on
the construction bids due to a significant delay in between the engineer's estimate and the
actual bid submissions. Ms. Slayton recommended the City Council adopt Resolution
No. 53-11, therefore directing the Mayor, the City Manager, the Administrative Services
Director, the City Clerk and all other appropriate officials of the City to execute the
agreements, documents and certificates.
MOTION: Councilmember Johnson moved the City Council adopt Resolution No. 53-
11 authorizing and directing the execution of certain installment sale
documents in connection with the offering and sale of $100,000 Certificates
of Participation relating to the financing of Fire Station No. 53, and
authorizing and directing certain actions with respect thereto. The motion
was seconded by Councilmember Leage and carried unanimously. (5-0)
D-3 RESOLUTION NO. 54-11 AUTHORIZING THE SIGNING OF USDA FORMS,
WHICH AUTHORIZE AND PROVIDE FOR THE INCURRENCE OF
INDEBTEDNESS FOR FIRE STATION NO. 53 ADMINISTRATION
BUILDING; (ADMINISTRATIVE SERVICES)
Administrative Services Director Susan Slayton stated Resolution No. 54-11 requests that
the City Council approve two (2) USDA Forms RD 194247 in connection with the
issuance of the $1,800,000 Certificates of Participation for Fire Station No. 53
Administration Building, and direct the City Manager to sign those forms. These forms
must be submitted to the USDA in the exact format approved by the US Government, in
order for us to engage in the two loans for $1,500,000 and $300,000. Ms. Slayton
recommended the City Council adopt Resolution No. 54-11 directing the City Manager to
sign the USDA Forms.
MOTION: Councilmember Borchard moved the City Council adopt Resolution No.
54-11 authorizing the signing of USDA forms, which authorize and
provide for the incurrence of indebtedness for Fire Station No. 53
administration building. The motion was seconded by Councilmember
Smukler and carried unanimously. (5-0)
D4 AWARD OF CONTRACT TO RARIG CONSTRUCTION, INC. OF SAN LUIS
OBISPO, CA FOR THE PROJECT NO. MB-2010-FD-01: FIRE STATION 53
OFFICE AND LIVING QUARTERS PROJECT; (PUBLIC SERVICES)
Capital Projects Manager Dylan Wade stated this project entails the construction of an
Office and Living Quarters portion of Fire Station 53 to replace the original facility
which was damaged during the San Simeon earthquake. This structure will adjoin the
existing Apparatus Bay and will improve Fire Department response times and
® functionality
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MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — AUGUST 9, 2011
The building has been designed, and will be constructed to the essential facilities
standards. Project bids were opened on June 30th with 4 bids received. The low bid was
submitted by Rarig Construction, Inc. of San Luis Obispo in the total bid amount of
$2,852,000. Bids .ranged from the low bid to a high bid of $3,252,000. Based on the
number of bids received, and the range between bidders; staff believes the bid to be
competitive. As a condition of the Federal funding received a formal bid analysis was
prepared. Since the bids came in higher than the Engineer's estimate, the USDA made
additional loan funds available. These additional funds will enable the project to be
completed. Mr. Wade recommended the City Council award the project contract to Rarig
Construction, Inc., in the total bid amount of $2,852,000.
MOTION: Councilmember Johnson moved the City Council award the project
contract to Rarig Construction, Inc., in the total bid amount of $2,852,000
for Project No. NM-2010-FD-01: Fire Station 53 Office and Living
Quarters Project. The motion was seconded by Councilmember Borchard
and carried unanimously. (5-0)
D-5 DISCUSSION ON APPOINTMENT OF CITY COUNCIL MEMBERS TO THE
CHAMBER OF COMMERCE ECONOMIC DEVELOPMENT COMMITTEE;
(ADMINISTRATION)
® City Manager Andrea Lueker stated at the June 14, 2011 meeting, the City Council
requested the discussion on participation on the Economic Development Committee
come back before Council as a separate topic. Craig Schmidt, Chamber of Commerce
CEO, formed an Economic Development Committee several months ago with the first
meeting held on April 5, 2011. The Committee has met regularly since that time and is
examining the economic development needs of Morro Bay, developing strategies to
address those needs, and forming the necessary partnerships to . achieve its
objectives. Several aspects of economic development will be investigated and may
include the following: 1) business retention and expansion; 2) business recruitment; and
3) entrepreneurial and workforce development. The goal of the committee will be to
formulate a broad strategic and'economic development plan and work with the Chamber.
Ms. Lueker recommended the City Council discuss participation on the Chamber of
Commerce Economic Development Committee by appointing two members of Council to
attend the meetings.
The City Council discussed appointing Council Members Johnson and Smukler to the
Chamber of Commerce Economic Development Committee because they attend the
meetings.
Councilmember Borchard stated with Councilmember Leage being the City's Economic
Vitality representative for San Luis Obispo County,, she believes he should be appointed
to the Chamber Economic Development Committee in order to share that information.
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MINUTES.- MORRO BAY CITY COUNCIL
REGULAR MEETING — AUGUST 9, 2011
MOTION: Councilmember Leage moved the City Council appoint Council Members
Johnson and Smukler to the Chamber of Commerce Economic
Development Committee. The motion was seconded by Mayor Yates and
carried with Councilmember Borchard voting no. (4-1)
D-6 DISCUSSION ON THE ALLOCATION OF THE TOURISM BUSINESS
IMPROVEMENT DISTRICT FUNDS FOR THE VISITORS CENTER;
(ADMINISTRATION)
City Manager Andrea Lueker stated in November 2010, the City Council reviewed a staff
report entitled "Discussion of the Visitors Center Including the 2009/2010 Financial
Review, Percentage of Funding from the Morro Bay Tourism Business Improvement
District and Representation of the Board." After discussion, the City Council made a
motion that included a number of directions, one of which is the following: Approve 33%
of funding (not to exceed $50,000) from the Tourism Business Improvement District
(TBID), beginning with the month of November. Staff understood this to mean $50,000 for
fiscal year 2010/11, and $50,000 for fiscal year 2011/12. However, the TBID Budget Sub -
Committee, in a letter sent to the City Council on July 6, 2011, indicated they believe the
City should have pro -rated the amount from November 2010, charging $33,333 (instead of
the $50,000) for fiscal year 2010/11, and $50,000 for fiscal year 2011/12. Staff is
requesting the City Council to clarify the November 2010 motion. Should the Council
determine the amount for last fiscal year should have been the prorated $33,333 staff will
credit the TBID with the additional $16,667, and address the revenue loss to the General
Fund at the mid -year budget review. Ms. Lueker recommended the City Council review the
motion made at the November 8, 2010 meeting, review staff's interpretation of that motion,
review the concern from the TBID Budget Sub -Committee, and make any changes Council
deems necessary.
Councilmember Borchard stated. it was her intent in her motion at the November 8, 2010
meeting that 33% was to begin in November 2010.
Consensus of Council was to direct staff to credit the Tourism Business Improvement
District with the additional $16,667 from Fiscal Year 2010/11, and address the revenue
loss to the General Fund at the mid -year budget review.
E. DECLARATION OF FUTURE AGENDA ITEMS — None.
ADJOURNMENT - The meeting adjourned at 7:51 p.m.
Recorded by:
Bridgett esslin9
® City Clerk
10
® City of Morro Bay
City Council Agenda
Mission Statement.
The City of Morro Bay is dedicated to the preservation and enhancement of the quality
of life The City shall be committed to this purpose and will provide a level of
municipal service and safety consistent ivith and responsive to the needs of the public.
REGULAR MEETING— TUESDAY, JULY 12, 2011
VETERANS MEMORIAL HALL - 6:00 P.M.
209 SURF ST., MORRO BAY, CA
ESTABLISH QUORUM AND CALL TO ORDER
MOMENT OF SILENCE
PLEDGE OF ALLEGIANCE
MAYOR AND COUNCILMEMBERS ANNOUNCEMENTS & PRESENTATIONS
is CLOSED SESSION REPORT
PUBLIC COMMENT PERIOD - Members of the audience wishing to address the
Council on City business matters (other than Public Hearing items under Section B) may
do so at this time.
To increase the effectiveness of the Public Comment Period, the following rules shall be
followed:
• When recognized by the Mayor, please come forward to the podium and state
your name and address for the record. Comments are to be limited to three
minutes.
• All remarks shall be addressed to Council, as a whole, and not to any
individual member thereof.
• The Council respectfully requests that you refrain from making slanderous,
profane or personal remarks against any elected official, commission and/or
staff.
• Please refrain from public displays or outbursts such as unsolicited applause,
comments or cheering.
• Any disruptive activities that substantially interfere with the ability of the City
Council to carry out its meeting will not be permitted and offenders will be
requested to leave the meeting.
® • Your participation in City Council meetings is welcome and your courtesy
will be appreciated.
® In compliance with the Americans with. Disabilities Act, if you need special assistance to
participate in this meeting, please contact the City Clerk, (805) 772-6205. Notification 24
hours prior to the meeting will enable the City to make reasonable arrangements to ensure
accessibility to this 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 DUNE 14, 2011 AND NNE 28, 2011; (ADMINISTRATION)
RECOMMENDATION: Approve as submitted.
A-2 RESOLUTION NO. 47-11 ADOPTING MEMORANDUM OF
UNDERSTANDING WITH THE MORRO BAY PEACE OFFICERS
ASSOCIATION; (ADMINISTRATIVE SERVICES)
RECOMMENDATION: Adopt Resolution No. 47-11.
A-3 RESOLUTION NO. 48-11 INTENTION TO APPROVE AN AMENDMENT TO
® THE CONTRACT ,BETWEEN THE BOARD OF ADMINISTRATION OF
CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM AND THE
CITY OF MORRO BAY (LOCAL POLICE SAFETY); (ADMINISTRATIVE
SERVICES)
RECOMMENDATION: Adopt Resolution No. 48-11.
A-4 AUTHORIZATION FOR THE CITY OF MORRO BAY TO ENTER INTO
GRANT AGREEMENT #10-101-101 WITH THE DEPARTMENT OF
BOATING AND WATERWAYS FOR "MORRO BAY STATE PARK
MARINA - NON -MOTORIZED KAYAK LAUNCH DREDGING'; (HARBOR)
RECOMMENDATION: Adopt Resolution No. 50-11.
A-5 AUTHORIZATION FOR THE CITY OF MORRO BAY TO ENTER INTO
GRANT AGREEMENT 910-127-938 WITH THE DEPARTMENT OF
BOATING AND WATERWAYS FOR "MORRO BAY STATE PARK
MARINA - MARINA BASIN AND ENTRANCE CHANNEL DREDGING";
(HARBOR)
RECOMMENDATION: Adopt Resolution No. 51-11.
u
2
® B. PUBLIC HEARINGS. REPORTS & APPEARANCES
B-1 INTRODUCTION AND FIRST READING OF ORDINANCE NO. 569
AUTHORIZING THE AMENDMENT OF SECTION 20475 (DIFFERENT
LEVEL OF BENEFITS; SECTION 21363.1 (3% @ 55 FULL FORMULA);
AND SECTION 20037 (THREE-YEAR FINAL COMPENSATION) FOR NEW,
SWORN HIRES IN THE POLICE DEPARTMENT; (ADMINISTRATIVE
SERVICES)
RECOMMENDATION: Approve first reading and introduction of Ordinance
No. 569 by number and title only.
B-2 RESOLUTION NO. 49-I1 ADOPTING THE FISCAL YEAR 2011/12
OPERATING BUDGETS; (ADMINISTRATIVE SERVICES)
RECOMMENDATION: Adopt Resolution No. 49-11.
C. UNFINISHED BUSINESS — NONE.
D. NEW BUSINESS
D-1 DESIGNATION OF VOTING DELEGATE AND ALTERNATE VOTING
DELEGATE AT LEAGUE OF CALIFORNIA CITIES 2011 ANNUAL
® CONFERENCE BUSINESS MEETING; (ADMINISTRATION)
RECOMMENDATION: Appoint a voting delegate and alternate to attend the
Annual Business Meeting during the League of California Cities Annual
Conference.
L�
E. DECLARATION OF FUTURE AGENDA ITEMS
F. 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.
MATERIALS RELATED TO AN ITEM ON THIS AGENDA SUBMITTED TO
THE CITY COUNCIL AFTER DISTRIBUTION OF THE AGENDA PACKET
ARE AVAH.ABLE FOR PUBLIC INSPECTION AT CITY HALL LOCATED AT
595 HARBOR STREET DURING NORMAL BUSINESS HOURS OR AT THE
SCHEDULED MEETING.
3
® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — JULY 12, 2011
VETERANS MEMORIAL HALL - 6:00 P.M.
Mayor Yates called the meeting to order at 6:00 p.m
PRESENT: William Yates
Mayor
Carla Borchard
Councilmember
Nancy Johnson
Councilmember
George Leage
Councilmember
Noah Smukler
Councilmember
STAFF: Andrea Lueker
Robert Schultz
Bridgett Kessling
Eric Endersby
Susan Lichtenbaum
Rob Livick
Tim Olivas
Mike Pond
Susan Slayton
Joe Woods
City Manager
City Attorney
City Clerk
Harbor Operations Manager
Harbor Business Manager
Public Services Director
Police Chief
Fire Chief
Administrative Services Director
Recreation & Parks Director
® ESTABLISH QUORUM AND CALL TO ORDER
MOMENT OF SILENCE
PLEDGE OF ALLEGIANCE
MAYOR AND COUNCIL MEMBERS REPORTS, ANNOUNCEMENTS &
PRESENTATIONS
CLOSED SESSION REPORT - — there was no Closed Session report.
PUBLIC COMMENT
Richard Sadowski announced the Rock to Pier Run would be held on Saturday, July 16'h
and noted the church he attends will be providing nourishment for the runners.
Garry Johnson shared pictures of the skateboard and 4`h of July events and noted how
much fun everyone had over this successful weekend.
Betty Winholtz reminded residents that the deadline for comments on the Wastewater
Treatment Plant upgrade was Friday, July 15'h. She also stated an error was made on the
airing of the Wastewater Treatment Plant workshop on July 27`h where a speaker was
omitted and she would hope that does not happen again.
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® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — JULY 12, 2611
Richard Margesten asked why the June and July JPA meetings were canceled. He said he
would think the City Council would want a discussion after the workshops were held and
receive additional comments regarding the Wastewater Treatment Plant upgrade.
Joan Solu stated a California Welcome Center may be allowed in Morro Bay since there
is not one within 50 miles along Highway 1; she said she will pursue this issue.
Mayor Yates closed the hearing for public comment.
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 14, 2011 AND JUNE 28, 2011; (ADMINISTRATION)
® RECOMMENDATION: Approve as submitted.
A-2 RESOLUTION NO. 47-11 ADOPTING MEMORANDUM OF
UNDERSTANDING WITH THE MORRO BAY PEACE OFFICERS
ASSOCIATION; (ADMINISTRATIVE SERVICES)
RECOMMENDATION: Adopt Resolution No. 47-11.
A-3 RESOLUTION NO. 48-11 INTENTION TO APPROVE AN AMENDMENT TO
THE CONTRACT BETWEEN THE BOARD OF ADMINISTRATION OF
CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM AND THE
CITY OF MORRO BAY (LOCAL POLICE SAFETY), (ADMINISTRATIVE
SERVICES)
RECOMMENDATION: Adopt Resolution No. 48-11.
A4 AUTHORIZATION FOR THE CITY OF MORRO BAY TO ENTER INTO
GRANT AGREEMENT 910-101-101 WITH THE DEPARTMENT OF
BOATING AND WATERWAYS FOR "MORRO BAY STATE PARK
MARINA - NON -MOTORIZED KAYAK LAUNCH DREDGING'; (HARBOR)
RECOMMENDATION: Adopt Resolution No. 50-11.
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® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — JULY 12, 2011
A-5 AUTHORIZATION FOR THE CITY OF MORRO BAY TO ENTER INTO
GRANT AGREEMENT #10-127-938 WITH THE DEPARTMENT OF
BOATING AND WATERWAYS FOR "MORRO BAY STATE PARK
MARINA - MARINA BASIN AND ENTRANCE CHANNEL DREDGING";
(HARBOR)
RECOMMENDATION: Adopt Resolution No. 51-11.
Councilmember Smukler pulled Item A-1 from the Consent Calendar.
MOTION: Councilmember Johnson moved the City Council approve the Consent
Calendar with the exception of Item A-1. The motion was seconded by
Councilmember Borchard and carried unanimously. (5-0)
A-1 APPROVAL OF MINUTES FOR THE REGULAR CITY COUNCIL
MEETINGS OF JUNE 14, 2011 AND JUNE 28, 2011; (ADMINISTRATION)
Councilmember Smukler referred to the minutes of June 28, 2011; Item B-3 (Adoption of
the Urban Water Management Plan 2010 Update) page 6, and requested the following
® amendment to his statement:
"Councilmember Smukler requested the motion include recognition of the risk of
unplanned an emergency interruptions to the State Water Project in the Plan."
MOTION: Councilmember Smukler moved the City Council approve Item A-1 of the
Consent Calendar with the amendment to the minutes of June 28, 2011.
The motion was seconded by Councilmember Borchard and carried
unanimously. (5-0)
B. PUBLIC HEARINGS. REPORTS & APPEARANCES
B-1 INTRODUCTION AND FIRST READING OF ORDINANCE NO. 569
AUTHORIZING THE AMENDMENT OF SECTION 20475 (DIFFERENT
LEVEL OF BENEFITS; SECTION 21363.1 (3% @ 55 FULL FORMULA);
AND SECTION 20037 (THREE-YEAR FINAL COMPENSATION) FOR NEW,
SWORN HIRES IN THE POLICE DEPARTMENT; (ADMINISTRATIVE
SERVICES)
Administrative Services Director Susan Slayton stated per the contract amendment
process, the City Council was presented with Resolution No. 48-11, which authorized the
Resolution of Intention to approve an amendment to the contract between the Board of
® Administration California Public Employees' Retirement System (PERS) and the City of
3
® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — JULY 12, 2011
Morro Bay (Local Police Members). The process also requires the introduction and first
reading of an Ordinance which is being presented to Council. This Ordinance is not to be
adopted until 20 days have passed since the adoption of the Resolution of Intention. Ms.
Slayton recommended the City Council approve Ordinance No. 569 for first reading and
introduction by number and title only; she noted the adoption of Ordinance No. 569 will
be scheduled for the August 9, 2011 meeting.
Mayor Yates opened the hearing for public comment; there were no comments, and Mayor
Yates closed the hearing for public comment.
MOTION: Councilmember Borchard moved the City Council approve Ordinance No.
569 for first reading and introduction by number and title only. The
motion was seconded by Councilmember Smukler and carried
unanimously. (5-0)
City Manager Andrea Lueker read Ordinance No. 569 by title and number only.
B-2 RESOLUTION NO. 49-11 ADOPTING THE FISCAL YEAR 2011/12
® OPERATING BUDGETS; (ADMINISTRATIVE SERVICES)
Administrative Services Director Susan Slayton stated the FY 2011/12 budget is balanced
in all funds without the use of any General Fund Emergency Reserves. She said any
amendments that the City Council makes to the budget will be included in the final
document. Ms. Slayton recommended Council provide any further direction regarding
the FY 2011/12 operating budgets, and adopt Resolution No. 49-11 accepting the budget
as the spending plan for the upcoming year.
Mayor Yates opened the hearing for public comment.
Joan Solu stated with efforts being made in marketing, the hoteliers have hopes that
percentages in Transient Occupancy Tax collections will go up as well as the Tourism
Business Improvement District. She said the budget projects the Tourism Business
Improvement District to be at $360,000, which is at a 2% collection rate, and the hoteliers
are actually collecting 3% which would be $480,000. Ms. Solu asked Council to review
the schedule for the Tourism Business Improvement District collections. She also
requested Council review the motion approving $50,000 for the Visitor Center funding,
and when the funding was to begin.
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MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — NLY 12, 2011
Betty Winholtz referred to the following items in the budget and requested clarification:
1) $560,000 coming out for Capital Projects from the Harbor fund — she finds only
$30,000 is needed for the Harbor Marina; what is the remaining funding going towards;
2) Streets — how much is going towards streets, how much is from Measure Q funds and
where is the rest of the funding coming from; 3) Water — money coming out of Reserves
and going towards Operations - what are these funds being used for; and, 4) Capital
Projects — why have these projects not been completed. She said it appears $94,000 of
impact fees were collected in the last year, and due to Council's action at its previous
meeting, it will be losing these fees for the next three years. Ms. Winholtz stated Dial -a -
Ride could have been extended for another couple of years with a few minor adjustments
from Reserves.
Mayor Yates closed the hearing for public comment.
The City Council reviewed the Fiscal Year 2011/12 preliminary annual budget, and. the
following changes/transfers/dedications were made:
1. Transfer $170,551, which represents the unallocated, excess cash reserves,
® from the General Fund Emergency Reserve Fund to the Streets Division of the
District Transaction Tax (DTT) (Measure Q) Fund; and
2. Remove the reservation of +/- $110,000, which currently exists in the DTT
Fund for the City Hall/Public Services/Transit Building Generator, and apply
that money to the Streets Division in the DTT Fund; and
3. Change the revenue projection in the Morro Bay Tourism Business
Improvement District (MBTBID) Fund from $380,000 to $460,000; the
original estimate was calculated at 2%, when the actual assessment is 3%; and
4. Transfer the Mimosa Special Assessment District cash balance of $12,607
from the Special Assessment District Fund to the Streets Division of the DTT
Fund for Mimosa Street; and
5. Reduce the Fire Department's 2011/12 request for funding for a firefighter,
which was made in the DTT Fund, from $147,101 to $143,864 to recognize
the savings from the 2°d Tier retirement program, and dedicate that money
($3,237) to the Fire Station 953 Reserve in the DTT Fund; and
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MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — JULY 12, 2011
6. Remove the following requested items from the DTT Fund "A" list, as they
will be paid for with the COPS grant or Vehicle License Fees, for a total of
$100,000:
a) Booking fees (VLF): $40,000
b) Safety items (COPS): $43,000
c) Salary for '/z time Property/Evidence Technician (COPS): $17,000
7. Add the following Police request for DTT Fund money to the "A" list from
the "A.1" list: $16,000 for (3) ballistic entry vests and LASERFICH software
upgrade; and
8. The balance of $84,000, which is $100,000 of removed items above less the
$16,000 item added from the "A.1" list, is to be dedicated in the DTT Fund to
storm drains; and
9. Remove the 2008/09 through 2010/11 reservations in the DTT Fund Fire
Division for Fire - firefighter, and apply that money to the Fire Station 953
reserve in the DTT Fund Fire Division.
® MOTION: Mayor Yates moved the City Council adopt Resolution No. 49-11 with the
following amendments: 1) $170,000 from Unallocated Emergency
Reserve Funds and place it in the Street Fund; 2) $100,000 +/- allocated
for the City Hall generator and place it in the Street Fund; 3) adjust the
Tourism Business Improvement District income from $380,000 to
$460,000; 4) Measure Q — List A: remove the Police Department booking
fees ($40,000), safety items ($43,000), salary for the half-time
Property/Evidence Technician ($17,000) and add $16,000 from the A-1
List (Police Department vests), and the remaining $84,000 from the
$100,000 generator savings will be placed into the Street and Storm Drain
Funds; 5) Mimosa Street Assessment District unallocated funds ($12,000)
shall be placed in the Street Fund and specifically earmarked for the
Mimosa Street maintenance; and 6) $131,983 savings dedicated for the
Measure Q firefighter position ($3,237) and two other reservations for Fire
and place it towards the Fire Station #53 Project. The motion was
seconded by Councilmember Borchard and carried unanimously. (5-0)
C. UNFINISHED BUSINESS — None.
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MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — JULY 12, 2011
D. NEW BUSINESS
D-1 DESIGNATION OF VOTING DELEGATE AND ALTERNATE VOTING
DELEGATE AT LEAGUE OF CALIFORNIA CITIES 2011 ANNUAL
CONFERENCE BUSINESS MEETING; (ADMINISTRATION)
MOTION: Councilmember Smukler moved the City Council appoint City Attorney
Robert Schultz as the City's voting delegate at the League of California
Cities 2011 Annual Conference Business Meeting. The motion was
seconded by Councilmember Johnson and carried unanimously. (5-0)
E. DECLARATION OF FUTURE AGENDA ITEMS
Councilmember Smukler requested to agendize a discussion on options for a
bike/pedestrian connector pathway through the power plant property and incorporates
recommendations into the City Bike Plan; Council concurred.
Councilmember Smukler requested to agendize a discussion on the implementation of
short and long-term actions to resolve trash situations at the Morro Rock parking lot.
Councilmember Smukler requested the Tourism Business Improvement District Advisory
Board to review the California Welcome Center option.
Councilmember Smukler requested to agendize a discussion on a long-range planning
priorities and goal setting workshop; Council concurred.
Councilmember Borchard requested to agendize a discussion on the Tourism Business
Improvement District allocation of funds; Council concurred.
Councilmember Borchard requested to agendize a discussion on the review of
Commission and Advisory Board by-laws; Council concurred.
ADJOURNMENT - The meeting adjourned at 8:47 p.m.
Recorded by:
Bridgett Kessling
City Clerk
7
® City of Morro Bay
City Council Agenda
Mission Statement
The City of Morro Bay is dedicated to the preservation and enhancement of the quality
of life The City shall be committed to this purpose and will provide a level of
municipal service and safety consistent with and responsive to the needs of the public.
REGULAR MEETING — TUESDAY, JUNE 28, 2011
VETERANS MEMORIAL HALL - 6:00 P.M.
269 SURF ST., MORRO BAY, CA
ESTABLISH QUORUM AND CALL TO ORDER
MOMENT OF SILENCE
PLEDGE OF ALLEGIANCE
MAYOR AND COUNCILMEMBERS ANNOUNCEMENTS & PRESENTATIONS
® CLOSED SESSION REPORT
PUBLIC COMMENT PERIOD - Members of the audience wishing to address the
Council on City business matters (other than Public Hearing items under Section B) may
do so at this time.
To increase the effectiveness of the Public Comment Period, the following rules shall be
followed:
• When recognized by the Mayor, please come forward to the podium and state
your name and address for the record. Comments are to be limited to three
minutes.
• All remarks shall be addressed to Council, as a whole, and not to any
individual member thereof.
• The Council respectfully requests that you refrain from making slanderous,
profane or personal remarks against any elected official, commission and/or
staff.
• Please refrain from public displays or outbursts such as unsolicited applause,
comments or cheering.
• Any disruptive activities that substantially interfere with the ability of the City
Council to carry out its meeting will not be permitted and offenders will be
requested to leave the meeting.
® • Your participation in City Council meetings is welcome and your courtesy
will be appreciated.
1
® In compliance with the Americans with Disabilities Act, if you need special assistance to
participate in this meeting, please contact the City Clerk, (805) 772-6205. Notification 24
hours prior to the meeting will enable the City to make reasonable arrangements to ensure
accessibility to this 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 AGREEMENT BETWEEN THE MORRO BAY CHAMBER
OF COMMERCE AND CITY OF MORRO BAY TO OPERATE THE
VISITORS CENTER; (ADMINISTRATION)
RECOMMENDATION: Approve the Agreement between the Morro Bay
Chamber of Commerce and the City of Morro Bay, to operate the Visitors
Center.
A-2 RESOLUTION NO. 45-11 ESTABLISHING A THREE-YEAR MORATORIUM
FOR THE PAYMENT OF DEVELOPMENT IMPACT FEES FOR
COMMERCIAL PROJECTS WITHIN A COMMERCIAL ZONE DISTRICT;
(PUBLIC SERVICES)
® RECOMMENDATION: Adopt Resolution No. 45-11.
B. PUBLIC HEARINGS. REPORTS & APPEARANCES
B-1 RESOLUTION NO. 43-11 DIRECTING THE LEVY OF THE ANNUAL
ASSESSMENT FOR THE CLOISTERS LANDSCAPING AND LIGHTING
MAINTENANCE ASSESSMENT DISTRICT; (RECREATION & PARKS)
RECOMMENDATION: Adopt Resolution No. 43-11.
B-2 RESOLUTION NO. 44-11 DIRECTING THE LEVY OF THE ANNUAL
ASSESSMENT FOR THE NORTH POINT NATURAL AREA LANDSCAPING
AND LIGHTING MAINTENANCE ASSESSMENT DISTRICT;
(RECREATION & PARKS)
RECOMMENDATION: Adopt Resolution No. 44-11.
B-3 ADOPTION OF THE URBAN WATER MANAGEMENT PLAN 2010
UPDATE; (PUBLIC SERVICES)
RECOMMENDATION: Adopt Resolution No. 46-11.
® C. UNFINISHED BUSINESS — NONE.
OA
• D. NEW BUSINESS
D-I CONSIDERATION OF RESOLUTION NO. 42-11 AMENDING THE
PARAMETERS FOR THE USE OF THE GENERAL FUND EMERGENCY
RESERVE; (ADMINISTRATIVE SERVICES)
RECOMMENDATION: Adopt Resolution No. 42-11.
D-2 REPORT ON THE CAMBRIA VOLUNTARY COMMUNITY BUS
PROGRAM; (COUNCIL)
RECOMMENDATION: Discuss the neat steps for a Volunteer -run Community
Bus Program.
D-3 DISCUSSION AND ADOPTION OF THE PAVEMENT MANAGEMENT
PLAN; (PUBLIC SERVICES)
RECOMMENDATION: Review and adopt the Pavement Management Plan as a
tool for the maintenance to the City's streets.
D4 DISCUSSION OF IMPROVEMENTS TO THE "ROCK" PARKING LOT,
LOCATED AT THE END OF COLEMAN DRIVE, MORRO BAY; (PUBLIC
® SERVICES)
RECOMMENDATION: Discuss the project and provide direction to staff.
E. DECLARATION OF FUTURE AGENDA ITEMS
u
F. 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.
MATERIALS RELATED TO AN ITEM ON THIS AGENDA SUBMITTED TO
TILE CITY COUNCIL AFTER DISTRIBUTION OF THE AGENDA PACKET
ARE AVAILABLE FOR PUBLIC INSPECTION AT CITY HALL LOCATED AT
595 HARBOR STREET DURING NORMAL BUSINESS HOURS OR AT THE
SCHEDULED MEETING.
3
MINUTES - MORRO BAY CITY COUNCIL
® REGULAR MEETING — JUNE 28, 2011
VETERANS MEMORIAL HALL - 6:00 P.M.
Mayor Yates called the meeting to order at 6:05 p.m.
PRESENT: William Yates Mayor
Carla Borchard Councilmember
Nancy Johnson Councilmember
George Leage Councilmember
Noah Smukler Councilmember
STAFF: Robert Schultz
Bridgett Kessling
Eric Endersby
Rob Livick
Tim Olivas
Mike Pond
Barry Rand
Susan Slayton
Dylan Wade
Joe Woods
City Attorney
City Clerk
Harbor Operations Manager
Public Services Director
Police Chief
Fire Chief
Assistant Engineer
Administrative Services Director
Utilities/Capital Projects Manager
Recreation & Parks Director
® ESTABLISH QUORUM AND CALL TO ORDER
MOMENT OF SILENCE
PLEDGE OF ALLEGIANCE
MAYOR AND COUNCIL MEMBERS REPORTS, ANNOUNCEMENTS &
PRESENTATIONS
CLOSED SESSION REPORT — there was no Closed Session report.
u
PUBLIC COMMENT
Craig Schmidt, Chamber of Commerce CEO stated the Visitors Center hours have been
changed to 9:00 am — 5:00 pm seven days per week, and the Chamber of Commerce will
be paying for the additional hours until the 90-day contract is re-evaluated. He said it is
unlikely Morro Bay would qualify as a California State Welcome Center because it is
within 50 miles of Pismo Beach which is a Welcome Center. Mr. Schmidt stated the City
Manager has been added as a voting member to the Executive Committee to the
Chamber. He noted the Chamber is providing the City with profit and loss detailed
statements every month, and providing the Community Promotions Committee and
Tourism Business Improvement District Advisory Board with fiscal information. Mr.
Schmidt announced he is looking for Skateboard event volunteers for July 3rd and
volunteers for the 4s of July. He also thanked Harold Biaggini for hiring a crew to
remove the weeds around the City billboard.
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MINUTES - MORRO BAY CITY COUNCIL
® REGULAR MEETING — JUNE 28, 2011
John Barta stated the California Welcome Center 50-mile rule may not come into play
since Morro Bay is on Highway 1 and Pismo Beach is on Highway 101. He expressed
support on Item D-2 (Report on the Cambria Voluntary Community Bus Program). Mr.
Barta referred to Item D4 (Discussion of Improvements to the "Rock" Parking Lot,
Located at the End of Coleman Drive, Morro Bay) stating the Rock is known as the
"Gibraltar of the Pacific" and the most sought after tourist attraction in the City. He
requested Council be tenacious and aggressive in their decision on this item because
improvements to this parking lot will add a lot to the town.
Betty Winholtz referred to Item D4 stating the Rock parking lot is made of fill and could
be an engineering nightmare; she said this money should go towards repaving City
streets. Ms. Winholtz also referred to Item D-3 (Discussion and Adoption of the
Pavement Management Plan) stating out of all the budgetary items on the agenda tonight,
all the money should go towards this item.
Barry Brannin stated the workshops regarding the Wastewater Treatment Plant upgrade
were well attended. He said he appreciated the openness and the interaction with staff
and the consultant is bringing a level of professionalism that is truly remarkable.
Gerald Bednorz, Beach House Bistro, announced the 4`" annual drive-thru barbeque will
is be held on the 4's of July from 12:00 pm - 4:00 pm to support the Susan G. Komen Breast
Cancer Foundation.
Susan Stewart, Community Promotions Committee Chair gave a monthly update on the
Committee's actions.
Garry Johnson shared a photo of the K-9 walk-a-thon stating it was a great event. He
also shared photos of the live theatre produced by Karen Garman stating what a fantastic
job she does for the youth in our community.
Mayor Yates closed the hearing for public comment.
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 AGREEMENT BETWEEN THE MORRO BAY CHAMBER
OF COMMERCE AND CITY OF MORRO BAY TO OPERATE THE
VISITORS CENTER; (ADMINISTRATION)
RECOMMENDATION: Approve the Agreement between the Morro Bay
® Chamber of Commerce and the City of Morro Bay to operate the Visitors
Center.
2
® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — JUNE 28, 2011
A-2 RESOLUTION NO. 45-11 ESTABLISHING A THREE-YEAR MORATORIUM
FOR THE PAYMENT OF DEVELOPMENT IMPACT FEES FOR
COMMERCIAL PROJECTS WITHIN A COMMERCIAL ZONE DISTRICT,
(PUBLIC SERVICES)
RECOMMENDATION: Adopt Resolution No. 45-I1.
Councilmember Smukler pulled Item A-2 from the Consent Calendar.
MOTION: Councilmember Borchard moved the City Council approve Item A-1 of
the Consent Calendar. The motion was seconded by Councilmember
Smukler and carried unanimously. (5-0)
A-2 RESOLUTION NO. 45-11 ESTABLISHING A THREE-YEAR MORATORIUM
FOR THE PAYMENT OF DEVELOPMENT IMPACT FEES FOR
COMMERCIAL PROJECTS WITHIN A COMMERCIAL ZONE DISTRICT;
(PUBLIC SERVICES)
Councilmember Smukler stated he would be voting in opposition to this item because there
® are things the City could do that could support low impact development concepts as part of
the impact fee reduction. He said this lacks a public benefit component that clearly shows
resource improvements on conservation.
Councilmember Johnson referred to Resolution No. 45-11 and requested the following
amendment:
BE IT FURTHER RESOLVED by the City Council of the City of Morro Bay, that only
commercial or mixed -use projects on commercially zoned land shall be eligible and that
residential projects within the mixed use areas shall not be eligible.
MOTION: Councilmember Johnson moved the City Council approve Item A-2 of the
Consent Calendar as amended. The motion was seconded by
Councilmember Borchard.
Councilmember Smukler expressed opposition because a higher standard needs to be held
when giving away this large of a public gift.
VOTE: The motion carried with Councilmember Smukler voting no. (4-1)
Mayor Yates called for a break at 6:45 p.m.; the meeting resumed at 7:00 p.m.
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MINUTES - MORRO BAY CITY COUNCIL
® REGULAR MEETING — JUNE 28, 2011
B. PUBLIC HEARINGS. REPORTS & APPEARANCES
B-1 RESOLUTION NO. 43-11 DIRECTING THE LEVY OF THE ANNUAL
ASSESSMENT FOR THE CLOISTERS LANDSCAPING AND LIGHTING
MAINTENANCE ASSESSMENT DISTRICT; (RECREATION & PARKS)
Recreation & Parks Director Joe Woods stated at the May 10, 2011 City Council
meeting, Council adopted Resolution No. 32-11 approving the Engineer's Report
describing the annual maintenance to be completed at the Cloisters Park and Open Space,
and declaring the City's intent to levy an annual assessment to finance this maintenance.
The assessment, projected at $1,241.20 per assessable lot in the Cloisters subdivision,
will be collected by the County Assessor. As part of the assessment process, the City
ordered the preparation of an Engineer's report, adopted a resolution of intention to levy
an assessment, set June 28, 2011 as the hearing date on the proposed levy of assessment,
noticed all property owners on record via first class mail of the hearing and published the
notice in the local newspaper. The City Council must hold a protest/public hearing
before considering the levy of the annual assessment. Mr. Woods recommended the City
Council hold a public hearing on the annual levy of assessment for the Cloisters
Landscaping and Lighting Maintenance Assessment District, and then adopt Resolution
No. 43-11 confirming the levy of assessment for Fiscal Year 2011-12.
® Mayor Yates opened the hearing for public comment.
Robert Bacon, resident of Cloisters, stated he shared pictures at a City Council meeting
last year of the weeds throughout the parkway and park areas and it still looks the same
this year. He said he does not object to paying the assessment, in fact it is a privilege to
live by such a great park, which is a tourist attraction. Mr. Bacon objects to the lack of
maintenance to the parkway and park areas.
Dawn Beattie, resident of Cloisters, stated the Recreation & Parks Department has been
very responsive to the residents' needs. She said the communications between staff and
the residents has been a major improvement. Ms. Beattie stated the homeowners are
supporting the assessment on a probationary approach for this year.
Mayor Yates closed the hearing for public comment.
Councilmember Borchard stated she walks through the Cloisters and has noticed the
improvements. She said she hopes the residents have patience with the progress.
Councilmember Johnson stated she agrees the Recreation & Parks Department has done a
wonderful job in communicating with the residents and doing their best with limited
funding.
Councilmember Leage stated he agrees the Department is making improvements to the
® area, and hopes it continues throughout the year when it comes back for review next year.
MINUTES - MORRO BAY CITY COUNCIL
® REGULAR MEETING — JUNE 28, 2011
Councilmember Smukler stated it appears there have been strong communications with
the residents. He said performance is going to be important for the neighborhood to be
satisfied, and it will be exciting to identify long-range management plans for the
development.
Mayor Yates stated his history is to not be supportive of this assessment; however, based
on the support of the residents, he will support the assessment this year. He said he will
reassess his consideration of this assessment next year.
MOTION: Councilmember Borchard moved the City Council adopt Resolution No.
43-11 .directing the levy of the Annual Assessment for the Cloisters
Landscaping and Lighting Maintenance Assessment District. The motion
was seconded by Councilmember Smukler and carried unanimously. (5-0)
B-2 RESOLUTION NO. 44-11 DIRECTING THE LEVY OF THE ANNUAL
ASSESSMENT FOR THE NORTH POINT NATURAL AREA LANDSCAPING
AND LIGHTING MAINTENANCE ASSESSMENT DISTRICT;
(RECREATION & PARKS)
Recreation & Parks Director Joe Woods stated at the May 10, 2011 City Council
® meeting, Council adopted Resolution No. 32-11 approving the Engineer's Report
describing the annual maintenance to be completed at the North Point Natural Area, and
declaring the City's intent to levy an annual assessment to finance this maintenance. The
assessment, projected at $564.50 per assessable lot in the North Point subdivision, will be
collected by the County Assessor. As part of the assessment process, the City ordered the
preparation of an Engineer's report, adopted a resolution of intention .to levy an
assessment, set June 28, 2011 as the hearing date on the proposed levy of assessment, and
finally, noticed all property owners on record via first class mail of the hearing, as well as
published the notice in the local newspaper. The City Council must hold a protest/public
hearing before considering the levy of the annual assessment. Mr. Woods recommended
the City Council hold a public hearing on the annual levy of assessment for the North
Point Natural Area Landscaping and Lighting Maintenance Assessment District and then
adopt Resolution No. 44-11 confirming the levy of assessment for Fiscal Year 2011-12.
Mayor Yates opened the hearing for public comment; there were no comments and
Mayor Yates closed the hearing for public comment.
MOTION: Councilmember Borchard moved the City Council adopt Resolution No.
44-11 directing the levy of the Annual Assessment for the North Point
Natural Area Landscaping and Lighting Maintenance Assessment District.
The motion was seconded by Councilmember Leage and carried
unanimously. (5-0)
11
MINUTES - MORRO BAY CITY COUNCIL
® REGULAR MEETING — JUNE 28, 2011
B-3 ADOPTION OF THE URBAN WATER MANAGEMENT PLAN 2010
UPDATE; (PUBLIC SERVICES)
Utilities/Capital Projects Manager Dylan Wade stated in order to comply with the water
code and other segments of state law, water utilities that serve more than 3000 customers or
sell more than 3000 acre -feet -per -year of water are required to prepare an Urban Water
Management Plan in years ending in 5 and 10. The City began preparing an update to the
2005 Urban Water Management Plan in the fall of 2010 and is bringing this document
forward for public comment and Council adoption at this time. Mr. Wade stated there is a
correction to page 24 of the Plan as follows: "The Morro Bay area experienced relatively
high annual population growth of 7.1 percent between 1990 and 2000." He recommended
the City Council review the 2010 Urban Water Management Plan update, propose any
necessary amendments, and move for adoption with Resolution Number 46-11 as amended.
Mayor Yates opened the hearing for public comment.
John Barta stated this study shows how far the City has come within the last 20 years
regarding water. He said the City has an adequate supply of water.
Betty Winholtz requested this item be continued due to insufficient noticing as required
® in the Plan. She said as a renter she did not receive notice since she does not receive a
water bill, as is true of 50% of the residents in the City. Ms. Winholtz also referred to
numerous errors in the Urban Water Management Plan as follows: 1) page 2-1: expansion
of the community limited by a hillside; 2) page 2-3: viable industrial base; 3) page 2-4:
affordable multi -family housing units; 4) page 2A: population: 10,234; 5) Measure F —
passed in 1984 due to a water issue; 6) page 2-9: climate average never over 70 degrees.
Mayor Yates closed the hearing for public comment.
MOTION: Mayor Yates moved the City Council adopt Resolution No. 46-11
approving the Urban Water Management Plan as amended by staff. The
motion was seconded by Councilmember Borchard.
Councilmember Smukler requested the motion include recognition of the risk of
unplanned emergency interruptions to the State Water Project in the Plan.
VOTE: The motion carried with Councilmember Smukler voting no. (4-1)
C. UNFINISHED BUSINESS — NONE.
El
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MINUTES - MORRO BAY CITY COUNCIL
® REGULAR MEETING — JUNE 28, 2011
D. NEW BUSINESS
D-1 CONSIDERATION OF RESOLUTION NO. 42-11 AMENDING THE
PARAMETERS FOR THE USE OF THE GENERAL FUND EMERGENCY
RESERVE; (ADMINISTRATIVE SERVICES)
Administrative Services Director Susan Slayton stated Resolution No. 27-10 was enacted
on May 24, 2010, and set the parameters for the General Fund Emergency Reserve Fund.
Staff feels an additional comment needs to be added that recommends Council's annual
review of excess reserves for programming/designating them for use in the upcoming
year. Ms. Slayton recommended the City Council adopt Resolution No. 42-11 which
amends Resolution No. 27-10 by adding the following language: "Amounts greater than
the 27.5% target balance, or minimum of $2,750,000 (whichever is greater), will be
programmed/designated by Council during the annual budget adoption process, at
Council's discretion."
MOTION: Councilmember Smukler moved the City Council adopt Resolution No.
42-11 which amends Resolution No. 27-10 by adding the following
language: "Amounts greater than the 27.5% target balance, or minimum of
$2,750,000 (whichever is greater), will be programmed/designated by
® Council during the annual budget adoption process, at Council's
discretion." The motion was seconded by Councilmember Johnson.
Councilmember Borchard requested Condition #4 be removed due to its redundancy;
Councilmember Smukler stated he would prefer not to remove it.
VOTE: The motion carried unanimously. (5-0)
D-2 REPORT ON THE CAMBRIA VOLUNTARY COMMUNITY BUS
PROGRAM; (COUNCIL)
Councilmember Smukler stated that he along with Councilmember Borchard and City
Manager Lueker met with the Cambria Bus Program volunteer coordinator in early June
and discussed the program offered in Cambria. With the significant reduction of the
transit programs, a community bus program may be a viable option, with volunteer
support, to provide further transit opportunities to the senior and disabled community in
the City. It was recommended the City Council discuss steps towards implementing a
volunteer- run Community Bus Program for the City of Morro Bay.
Council consensus was in support to move forward with the implementation of a
volunteer -run Community Bus Program for the seniors and disabled citizens of the City
of Morro Bay.
® No further action was taken on this item.
7
® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — NNE 28, 2011
Mayor Yates called for a break at 8:10 p.m.; the meeting resumed at 8:15 p.m.
D-3 DISCUSSION AND ADOPTION OF THE PAVEMENT MANAGEMENT
PLAN; (PUBLIC SERVICES)
Public Services Director Rob Livick stated in order to effectively utilize the City's
limited street maintenance budget, staff has prepared a Pavement Management Plan that
outlines the steps needed to both rehabilitate and preserve the pavement condition of this
valuable City asset. Currently the present value of the City's street system is
approximately $40,000,000. Once adopted, the Pavement Management Plan will serve as
the roadmap for future street maintenance. Mr. Livick noted an amendment to page 28 of
the Pavement Management Plan as follows: "Following years are funded with general
funds or Measure O funds as available. The actual level of funding will be allocated
in each year's budget by City Council." He recommended the City Council review and
adopts the Morro Bay Pavement Management Plan as amended.
MOTION: Councilmember Smukler moved the City Council adopt the Pavement
Management Plan as amended by staff. The motion was seconded by
® Councilmember Borchard and carried unanimously. (5-0)
D4 DISCUSSION OF IMPROVEMENTS TO THE "ROCK" PARKING LOT,
LOCATED AT THE END OF COLEMAN DRIVE, MORRO BAY; (PUBLIC
SERVICES)
Councilmember Leage stated the parking lot is in need of repair; however, the area needs
a concept plan that would include paving the parking area, the addition of recreation
areas, grassy areas to be used by families and tourists. He requested Council discuss the
concept of improving this area and direct staff to move forward with a concept plan.
Recreation & Parks Director Joe Woods discussed the concept plan for Coleman Park
that could perhaps include a recreational use north of Coleman Drive.
Public Services Director Rob Livick stated the Waterfront Master Plan, which was
adopted by the City Council in May 1996, should also be reviewed by the Recreation &
Parks Commission.
Council directed staff to contact Cal Poly to consider this as a viable project/concept
plan; and, return to Council for review of the concept plan for the Rock improvements
that will interface with the existing concept plan for Coleman Park.
0 No further action was taken on this item.
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — JUNE 28, 2011
E. DECLARATION OF FUTURE AGENDA ITEMS — None.
ADJOURNMENT
The meeting adjourned at 9:35 p.m.
Recorded by
\,63 e }
Bridgett Kessling
City Clerk
E
C
0
® City of Morro Bay
City Council Agenda
Mission Statement
The City of Morro Bay is dedicated to the preservation and enhancement of the quality
of life The City shall be committed to this purpose and will provide a level of
municipal service and safety consistent with and responsive to the needs of the public.
REGULAR MEETING — TUESDAY, DUNE 14, 2011
CLOSED SESSION — TUESDAY, JUNE 14, 2011
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 City Manager, the City's Designated
is Representative, for the purpose of reviewing the City's position regarding the
terms and compensation paid to the City Employees and giving instructions to the
Designated Representative.
CS-2 GOVERNMENT CODE SECTION 54956.8; REAL PROPERTY
TRANSACTIONS: Instructing City's real property negotiator regarding the
price and terms of payment for the purchase, sale, exchange, or lease of real
property as to one (1) parcel.
Property: Vacant Lot/Comer of Coral/San Jacinto.
Negotiating Parties: Potential Buyers and City of Morro Bay.
Negotiations: Voluntary Purchase and Sale.
IT IS NOTED THAT THE CONTENTS OF CLOSED SESSION MEETINGS
ARE CONFIDENTIAL AND EXEMPT FROM DISCLOSURE.
® PUBLIC SESSION — TUESDAY, JUNE 14, 2011
VETERANS MEMORIAL HALL - 6:00 P.M.
209 SURF ST., MORRO BAY, CA
ESTABLISH QUORUM AND CALL TO ORDER
MOMENT OF SILENCE
PLEDGE OF ALLEGIANCE
MAYOR AND COUNCILMEMBERS ANNOUNCEMENTS & PRESENTATIONS
CLOSED SESSION REPORT
PUBLIC COMMENT PERIOD - Members of the audience wishing to address the
Council on City business matters (other than Public Hearing items under Section B) may
do so at this time.
To increase the effectiveness of the Public Comment Period, the following rules shall be
followed:
• When recognized by the Mayor, please come forward to the podium and state
your name and address for the record. Comments are to be limited to three
minutes.
• All remarks shall be addressed to Council, as a whole, and not to any
individual member thereof.
® • The Council respectfully requests that you refrain from making slanderous,
profane or personal remarks against any elected official, commission and/or
staff.
11
• Please refrain from public displays or outbursts such as unsolicited applause,
comments or cheering.
• Any disruptive activities that substantially interfere with the ability of the City
Council to carry out its meeting will not be permitted and offenders will be
requested to leave the meeting.
• Your participation in City Council meetings is welcome and your courtesy
will be appreciated.
In compliance with the Americans with Disabilities Act, if you need special assistance to
participate in this meeting, please contact the City Clerk, (805) 772-6205. Notification 24
flours prior to the meeting will enable the City to make reasonable arrangements to ensure
accessibility to this meeting.
A. CONSENT CALENDAR
Unless an item is pulled for separate action by the City Council, the following actions are
approved without discussion.
2
® A -I APPROVAL OF MINUTES FOR THE SPECIAL CITY COUNCIL MEETING
OF MAY 24, 2011 AND THE REGULAR CITY COUNCIL MEETING OF
MAY 24, 2011; (ADMINISTRATION)
RECOMMENDATION: Approve as submitted.
A-2 RESOLUTION NO. 39-11 CONTINUING THE FISCAL YEAR 2010/11
ANNUAL BUDGET; (ADMINISTRATIVE SERVICES)
RECOMMENDATION: Adopt Resolution No. 39-11.
A-3 AUTHORIZATION TO FILE NOTICE OF COMPLETION FOR THE NORTH
MAIN BIKE LANE AND STREET IMPROVEMENT PROJECT; (PUBLIC
SERVICES)
RECOMMENDATION: Authorize staff to rile Notice of Completion for the
North Main Bike Lane and Street Improvement Project.
A4 RESOLUTION DETERMINING ISSUANCE OF AN ALCOHOLIC
BEVERAGE CONTROL PERMIT FOR A WINE TASTING ROOM LOCATED
AT 783 MARKET AVENUE; (CITY ATTORNEY)
RECOMMENDATION: Adopt Resolution No. 40-11.
® A-5 RESOLUTION DETERMINING ISSUANCE OF AN ALCOHOLIC
BEVERAGE CONTROL PERMIT FOR VIRG'S LANDING INC. LOCATED
AT 1169 MARKET AVENUE; (CITY ATTORNEY)
RECOMMENDATION: Adopt Resolution No. 41-11.
A-6 PROCLAMATION RECOGNIZING THE 100TH ANNIVERSARY .OF
INCORPORATION OF THE CITY OF ARROYO GRANDE AND
COMMEMORATING THE CITY'S CENTENNIAL CELEBRATION;
(ADMINISTRATION)
RECOMMENDATION: Adopt Proclamation.
B. PUBLIC HEARINGS. REPORTS & APPEARANCES
B-1 DISCUSSION ON THE VISITORS CENTER; PROPOSED MARKETING
SPECIALIST, AND THE FISCAL YEAR 2011-2012 CONTRACT TO
OPERATE THE VISITORS CENTER; (ADMINISTRATION)
RECOMMENDATION: Retain the current management structure at the
Visitors Center with recommended modifications.
® C. UNFINISHED BUSINESS — NONE.
3
® D. NEW BUSINESS
D-1 DISCUSSION ON PROPOSING A MORATORIUM ON THE PAYMENT OF
DEVELOPMENT IMPACT FEES (ALSO REFERRED TO AS BUILDING
IMPACT OR PUBLIC FACILITIES FEES AND SIGN PROGRAM PERMIT
FEES); (PUBLIC SERVICES)
RECOMMENDATION: Review options and direct staff accordingly.
D-2 NORTH MAIN STREET COMMERCIAL PARKING AREA MAP AND
DRAFT ORDINANCE CHANGE; (PUBLIC SERVICES)
RECOMMENDATION: Review the draft boundary map and draft ordinance
change and direct staff accordingly.
D-3 RECOMMENDATION ON THE ALIGNMENT OF THE MORRO
BAY/CAYUCOS BIKE PATH CONNECTOR; (RECREATION & PARKS)
RECOMMENDATION: Forward a recommendation of the western alignment of
the Morro Bay/Cayucos Bike Path Connector to the San Luis Obispo County
Parks.
® E. DECLARATION OF FUTURE AGENDA ITEMS
F. 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.
MATERIALS RELATED TO AN ITEM ON THIS AGENDA SUBMITTED TO
THE CITY COUNCIL AFTER DISTRIBUTION OF THE AGENDA PACKET
ARE AVAILABLE FOR PUBLIC INSPECTION AT CITY HALL LOCATED AT
595 HARBOR STREET DURING NORMAL BUSINESS HOURS OR AT THE
SCHEDULED MEETING.
0
® MINUTES - MORRO BAY CITY COUNCIL
CLOSED SESSION —DUNE 14, 2011
CITY HALL CONFERENCE ROOM - 5:00 P.M.
Mayor Yates called the meeting to order at 5:00 p.m
PRESENT: William Yates
Mayor
Carla Borchard
Councilmember
Nancy Johnson
Councilmember
George Leage
Councilmember
Noah Smukler
Councilmember
STAFF:
CLOSED SESSION
Andrea Lueker
Robert Schultz
Susan Slayton
Jamie Boucher
City Manager
City Attorney
Administrative Services Director
Human Resources Analyst
Mayor Yates adjourned the meeting to Closed Session and read the Closed Session
Statement.
CS-1 GOVERNMENT CODE SECTION 54957.6; CONFERENCE WITH
® LABOR NEGOTIATOR. Conference with City Manager, the City's Designated
Representative, for the purpose of reviewing the City's position regarding the
terms and compensation paid to the City Employees and giving instructions to the
Designated Representative.
CS-2 GOVERNMENT CODE SECTION 54956.8; REAL PROPERTY
TRANSACTIONS: Instructing City's real property negotiator regarding the
price and terms of payment for the purchase, sale, exchange, or lease of real
property as to one (1) parcel.
Property: Vacant Lot/Comer of Coral/San Jacinto.
Negotiating Parties: Potential Buyers and City of Morro Bay.
Negotiations: Voluntary Purchase and Sale.
The meeting adjourned at 5:40 p.m.
1
® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — JUNE 14, 2011
VETERANS MEMORIAL HALL - 6:00 P.M.
Mayor Yates called the meeting to order at 6:07 p.m
PRESENT: William Yates
Mayor
Carla Borchard
Councilmember
Nancy Johnson
Councilmember
George Leage
Councilmember
Noah Smukler
Councilmember
STAFF: Andrea Lueker
Robert Schultz
Jamie Boucher
Eric Endersby
Rob Livick
Tim Olivas
Mike Pond
Susan Slayton
Kathleen Wold
Joe Woods
City Manager
City Attorney
Deputy City Clerk
Harbor Operations Manager
Public Services Director
Police Chief
Fire Chief
Administrative Services Director
Planning Manager
Recreation & Parks Director
®. ESTABLISH QUORUM AND CALL TO ORDER
MOMENT OF SILENCE
PLEDGE OF ALLEGIANCE
MAYOR AND COUNCIL MEMBERS REPORTS, ANNOUNCEMENTS &
PRESENTATIONS
CLOSED SESSION REPORT - City Attorney Robert Schultz reported the City Council
met in Closed Session, and no reportable action under the Brown Act was taken on Item
CS-l.
The following action was taken on Item CS-2:
Property: Vacant Lot/Comer of Coral/San Jacinto.
Negotiating Parties: Potential Buyers and City of Morro Bay.
Negotiations: Voluntary Purchase and Sale.
The City Council took action to take this property off the real estate market.
11
PUBLIC COMMENT
Denise Wilson, new owner of Blue Sky Coastal Cafe reviewed their menu which features
locally grown produce; they open at 8 a.m., happy hour from 3-6 p.m., and offer live
music on weekends.
2
® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — JUNE 14, 2011
Jim Davis announced on Sunday, June 19'h from 3-5 p.m. there will be a skateboard event
at Tidelands Park, with the Red Skunk Gypsy band performing afterwards; and, there will
be a fundraiser for Ride -On Transportation for Veterans on August 7 s at The Lodge on
Highway 41 with a barbeque and the Louie Ortega band performing.
D'Onna Kennedy announced the Central Coast Veterans Support Group will be meeting
on June 2 1 g at 6 p.m. at the Eagles Lodge on Main Street.
John Weiss announced Eco-Rotary that helps the environment with zero -waste, recycling
and making a good footprint for our children and grandchildren; he noted the charter
would be on June 23 d at the golf course. He also announced they will be talking about
Eco-Rotary and zero -waste on June I at the Morro Bay Business Forum.
Stephanie Pipan, Morro Bay Police Officer, announced the K-9 Walk-a-thon will be held
this Saturday, June 18'h starting at 10 a.m. at the Morro Rock parking lot. She stated
funds raised from this benefit will go towards a Morro Bay Police K-9.
John Barta referred to Item D-1 (Discussion on Proposing a Moratorium on the Payment
® of Development Impact Fees) stating these impact fees are substantial along with water
and sewer impact fees and mandated standards; he suggested keeping these fees as low as
possible. Mr. Barta also suggested not having a sprinkler ordinance and replacing it with
a high tech fire alarm. He suggested the City perform a historical review of the impact
fees.
C
Annette Neals, Manager of Walkers Mobile Home Park, referred to Item A-5 (Resolution
Determining Issuance of an Alcoholic Beverage Control Permit for Virg's Landing Inc.
Located at 1169 Market Avenue) and expressed concern with the hours this business will
be open in a residential neighborhood; and, the type of liquor license they are requesting.
Betty Winholtz expressed concern with the method of how parking and trolley signs
came down on the Embarcadero. She also expressed concern with funds being expended
recklessly for: 1) the new banners on the Embarcadero; 2) hiring a consultant for
$300,000, and a lobbyist at $650/hour regarding the Wastewater Treatment Plant upgrade
project; 3) the vote to do away with the Cloister's assessment district; and, 4) the
discussion of a moratorium on the payment of development impact fees. Ms. Winholtz
stated these costs means less services for the citizens and more taxes.
Janice Peters complimented the Recreation & Parks Department on the new landscaping
in front of the Community Center. She also announced a local production "Playhouse
Creatures" will be held at the Pewter Plough in Cambria through July 23`d.
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® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — JUNE 14, 2011
Ms. Peters also noted the Community Promotions Committee and Tourism Business
Improvement District Advisory Board will be holding a joint meeting on Thursday, June
16 starting at 8:30 a.m. in the Veterans Memorial Building and encouraged
participation.
Sharon Moore, owner of Virg's Landing, Inc., addressed Item A-5 stating last weekend
was the first time they had a problem with noise, and they will resolve this issue. She
said the ABC license is to sell a small amount (1.8% of the store sales) of beer to provide
on the fishing boats.
Rick Holiday, neighbor to Virg's Landing stated he can offer a parking lot to Virg's in
the morning hours to help mitigate a possible noise problem.
Mayor Yates closed the hearing for public comment.
A. CONSENT CALENDAR
Unless an item is pulled for separate action by the City Council, the following actions are
® approved without discussion.
A-1 APPROVAL OF MINUTES FOR THE SPECIAL CITY COUNCIL MEETING
OF MAY 24, 2011 AND THE REGULAR CITY COUNCIL MEETING OF
MAY 24, 2011; (ADMINISTRATION)
C1
RECOMMENDATION: Approve as submitted.
A-2 RESOLUTION NO. 39-11 CONTINUING THE FISCAL YEAR 2010/11
ANNUAL BUDGET; (ADMINISTRATIVE SERVICES)
RECOMMENDATION: Adopt Resolution No. 39-11.
A-3 AUTHORIZATION TO FILE NOTICE OF COMPLETION FOR THE NORTH
MAIN BIKE LANE AND STREET IMPROVEMENT PROJECT; (PUBLIC
SERVICES)
RECOMMENDATION: Authorize staff to rile Notice of Completion for the
North Main Bike Lane and Street Improvement Project.
4
® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — JUNE 14, 2011
A-4 RESOLUTION DETERMINING ISSUANCE OF AN ALCOHOLIC
BEVERAGE CONTROL PERMIT FOR A WINE TASTING ROOM LOCATED
AT 783 MARKET AVENUE; (CITY ATTORNEY)
RECOMMENDATION:- Adopt Resolution No. 40-11.
A-5 RESOLUTION DETERMINING ISSUANCE OF AN ALCOHOLIC
BEVERAGE CONTROL PERMIT FOR VIRG'S LANDING INC. LOCATED
AT 1169 MARKET AVENUE; (CITY ATTORNEY)
RECOMMENDATION: Adopt Resolution No. 41-11.
A-6 PROCLAMATION RECOGNIZING THE 100TH ANNIVERSARY OF
INCORPORATION OF THE CITY OF ARROYO GRANDE AND
COMMEMORATING THE CITY'S CENTENNIAL CELEBRATION;
(ADMINISTRATION)
RECOMMENDATION: Adopt Proclamation.
® Councilmember Borchard pulled Item A-3 from the Consent Calendar; and Mayor Yates
pulled Item A-5.
E
MOTION: Councilmember Borchard moved the City Council approve the Consent
Calendar with the exception of Items A-3 and A-5. The motion was
seconded by Councilmember Johnson and carried unanimously. (5-0)
A-3 AUTHORIZATION TO FILE NOTICE OF COMPLETION FOR THE NORTH
MAIN BIKE LANE AND STREET IMPROVEMENT PROJECT; (PUBLIC
SERVICES)
Councilmember Borchard expressed displeasure for using Measure Q funds due to going
over budget because of making changes that were not recognized when the original bid was
made on this project.
MOTION: Councilmember Borchard moved the City Council approve Item A-3 of
the Consent Calendar. The motion was seconded by Councilmember
Smukler and carried unanimously. (5-0)
5
® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — JUNE 14, 2011
A-5 RESOLUTION DETERMINING ISSUANCE OF AN ALCOHOLIC
BEVERAGE CONTROL PERMIT FOR VIRG'S LANDING INC. LOCATED
AT 1169 MARKET AVENUE; (CITY ATTORNEY)
Councilmember Johnson stated she would be stepping down on this item due to a conflict of
interest.
Councilmember Leage stated he would be stepping down on this item due to a conflict of
interest.
MOTION: Councilmember Borchard moved the City Council approve Item A-5 of
the Consent Calendar. The motion was seconded by Councilmember
Smukler and carried unanimously. (3-0-2)
B. PUBLIC HEARINGS. REPORTS & APPEARANCES
B-1 DISCUSSION ON THE VISITORS CENTER; PROPOSED MARKETING
SPECIALIST, AND THE FISCAL YEAR 2011-2012 CONTRACT TO
® OPERATE THE VISITORS CENTER; (ADMINISTRATION)
City Manager Andrea Lueker stated throughout the past months, the City Council has
evaluated the Visitors Center, as well as provided direction for a number of changes to be
made. The City is in a redefining position with a new marketing/advertising agency,
Barnett Cox & Associates coming_ onboard to promote the Morro Bay experience.
Barnett Cox & Associates is beginning work on a marketing plan which when finalized
will provide clear direction to take in its efforts to enhance and.increase tourism, an
important goal of the marketing strategy. In order for the City to realize its full potential,
it is extremely important that the many different agencies and organizations in the City
work collaboratively. With the changes the City Council has made and directed to be
made with both the Visitors Center and the new marketing agency and marketing plan,
accompanied by the Chamber of Commerce hiring a new Chamber CEO this year, staff
believes the City is poised for an increase in tourism, better organization of our marketing
efforts, initiation of strategic economic development, and enhancing agencies to foster a
cooperative working relationship.
Ms. Lueker made the following recommendations to the City Council:
1) Retain the current management structure at the Visitors Center with the following
modifications:
a. Hold a Partners/Stakeholders Workshop to develop and modify the
marketing plan, identify goals and strategies and assign completion tasks;
® b. Hold a Partners/Stakeholder Workshop for the Visitors Center;
c. Consider a Marketing Specialist position following the Workshops;
11
® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — JUNE 14, 2011
d. Determine specific measures of success for the Visitors Center;
e. Conduct a six month review of the Visitors Center;
f. Participate on the Economic Development Committee;
g. Renew the Contract with the Chamber of Commerce for 2011/2012 to run
the Visitors Center.
2) Add off -site, informational, visitors' kiosks.
Mayor Yates opened the hearing for public comment.
John Solu thanked the City for the change in the marketing advertising agency, and
recommended the City Council approve the hiring of a tourism and promotions director.
He said although occupancy and transient occupancy tax has been up recently, they have
been behind their competitors in the County. Mr. Solu stated the recommended hours for
the Chamber of Commerce need to be adjusted to meet the tourists' needs on the
weekends. He said he wants to see the Chamber of Commerce survive, which it cannot
do without the Visitor Center funds.
Hank Roth recommended hiring someone to act as a coordinator to support the City's
® marketing plan. He said this would be someone who would meet the City's needs and
has the experience to work within the City's structure to help move us towards our goal
to bring more tourists to the City.
Craig Schmidt, Chamber of Commerce CEO, stated the recommended strategic planning
sessions is to develop a long-range marketing plan with a more narrow focus to discuss
the role and effectiveness of the Visitors Center. He said the purpose of these workshops
is to establish a roadmap for where the City needs to get to, and collaborate collectively
with stakeholders in Morro Bay's tourism economy in developing this community's
vision.
John Weiss, Chamber of Commerce Board President, stated for the past 55 years the
Chamber of Commerce has represented and promoted local businesses. They have
accomplished their work cost effectively and do their best to be forthright and flexible.
Mr. Weiss stated the Chamber Board applauds the City's suggestions to help them
achieve their mission of promoting the community's economic vitality, quality of life and
providing a united base for the community to advance and prosper. He said the Chamber
is able to run the Visitors Center because they are able to offer the City more for their
money by operating as a fulfillment center for City promotions, and able to staff the
Visitor Center and market the City through events, print collateral, email blasts and social
networking. Mr. Weiss stated this job could not be fulfilled by one marketing specialist.
He noted Morro Bay is in a transitional time with a new marketing advertising agency,
is
budget considerations and opportunity for new marketing strategies.
7
1101
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — JUNE 14, 2011
Mr. Weiss stated it is an opportune time to bring the stakeholders together and move
ahead in one direction with experience and perseverance.
Mick Theiss stated the first order of business is to be surrounded with competent people.
He said there would be an incredible learning curve in hiring a marketing specialist to
replace the Chamber CEO that could destroy the City's bottom line. Mr. Theiss suggested
the City Council consider staffs report and recommendations and make a long-term
decision.
George Ross, consultant for the Chamber of Commerce stated it would be a disaster to
pull the Chamber of Commerce away from the Visitors Center; they would not do well
independently. He said the current events would not run as smoothly without the hard
work of the Chamber staff.
John Barta shared slides of billboards advertising the City noting this is a valuable asset
with poor artwork, that are not being maintained and no one is taking responsibility. He
said the City will not get good decisions from a committee in a workshop; he said the
City needs a creative individual who will take responsibility.
Gary Christianson, Vice-President/Treasurer of the Chamber of Commerce Board
reviewed an estimate of what it would cost to run a stand-alone Visitor Center =
$170,540. He stated the Chamber of Commerce CEO has only been on board for six
months and needs time to implement the recommended changes previously made by the
City.
Janice Peters stated the City is in a state of flux right now with a new marketing
advertising agency, a new Chamber of Commerce CEO, and the Tourism Business
Improvement District Advisory Board that is now working. She said a workshop in this
case is a good idea because there is such a diversity of people in the business community
who don't communicate with each other. Ms. Peters stated there is a wealth of
experience between the Community Promotions Committee and Tourism Business
Improvement District Advisory Board along with the business community who can
establish- direction through a workshop setting to enable the Council to determine the best
marketing strategy for the City.
Joan Solu requested the City Council look for new and innovative solutions to approach
marketing and tourism by looking at a concept of hiring an outside neutral dynamic
experienced tourism leader to sell the City the way it deserves to be sold. In order to do
this, she asked Council to give the following tasks to the Tourism Business Improvement
District Advisory Board and Community Promotions Committee: 1) examine and
develop the job description and duties for the Director of Tourism; 2) examine funding
is mechanisms to pay for time and direction of the new Director of Tourism or office;
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® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — JUNE 14, 2011
r
3) develop a reporting mechanism to ensure accountability and begin the hiring process
by August 15, 2011; 4) move forward with granting the current contractor for a 90-day
period while the Director of Tourism moves forward; 5) add a hiring freeze to the current
contractor's events coordinator position; and 6) address the overall strategic vision for
tourism in Morro Bay in a workshop setting.
Mayor Yates closed the hearing for public comment.
Mayor Yates requested staff take care of the weeds around the billboard on Highway 1.
Councilmember Borchard stated -she is interested in a month -to -month contract with the
Chamber of Commerce to operate the Visitors Center until all of the issues have been
resolved. She said the kiosks are a good idea, but should be in addition to, not in lieu of,
alternative sites for the Visitors Center. Councilmember Borchard stated the Economic
Development Committee is a function of the Chamber and not the City. She said she is
not interested in hiring a company to look at alternative locations for the Visitors Center;
that is something that can be reviewed at the workshop.
Councilmember Johnson stated she agrees with a month -to -month contract with the
Chamber of Commerce to operate the Visitors Center until the issues have been resolved.
She said she hopes to gain some innovative and clear idea of the role of the Chamber of
Commerce. Councilmember Johnson stated all options and possibilities such as the
location of the Visitors Center need to be considered at the workshop.
Mayor Yates stated he goes into the Visitors Center every week and he finds the staff to
be very busy talking with tourists and doing a fabulous job. He requested the Chamber
Board review the hours of operation of the Visitors Center.
Councilmember Leage stated alternative locations of the Visitors Center should be
considered. He said he supports hiring a person in charge of promoting the City.
Councilmember Smukler stated it is important to maintain flexibility at this time. He said
he would prefer a 90-day agreement with the Chamber of Commerce, and a suspension of
the hiring of the events coordinator position. Councilmember Smukler stated he would
like to add hours of operation to the agreement restructuring the mid -week hours and
adding weekend hours. He said prior to the workshop, he would like strong involvement
from the Community Promotions Committee and Tourism Business Improvement
District Advisory Boards in the structuring of the workshop.
0
® N41NTUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING— JUNE 14, 2011
Councilmember Smukler stated he would like to develop a matrix that lists the
stakeholders and the role/mission of each group; that way it would show a graphic that
identifies the areas that need restructuring. He said he would like to have the discussion
on the restructuring of the Community Promotions Committee/Tourism Business
Improvement District Advisory Board as soon as possible.
MOTION: Councilmember Borchard moved the City Council direct staff to draft a
90-day contract with the Chamber of Commerce to operate the Visitors
Center beginning July 1, 2011; and, direct that part of the negotiations
would be extended hours on the weekends. It was further moved that this
contract be returned for Council approval at the June 28, 2011 City
Council meeting. The motion was seconded by Councilmember Smukler
and carried unanimously. (5-0)
Councilmember Borchard stated she would like to explore information regarding locating
a California Welcome Center in Morro Bay.
Craig Schmidt, Chamber of Commerce CEO stated a California Welcome Center is being
pursued and he will have information at the next City Council meeting.
® MOTION: Mayor Yates moved the City Council support the Community Promotions
Committee and Tourism Business Improvement District Advisory Board
to form a sub -committee to come up with a proposal for two workshops:
1) one workshop to develop and modify a marketing plan identifying goals
and strategies; and 2) a workshop to review the Visitors Center. The sub-
committee is further directed to return with their recommendations from
the workshops to the City Council at the September 13, 2011 City Council
meeting. The motion was seconded by Councilmember Borchard and
carried unanimously. (5-0)
Mayor Yates called for a break at 8:00 p.m.; the meeting resumed at 8:10 p.m.
C. UNFINISHED BUSINESS — NONE.
11
10
® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — JUNE 14, 2011
D. NEW BUSINESS
D-I DISCUSSION ON PROPOSING A MORATORIUM ON THE PAYMENT OF
DEVELOPMENT IMPACT FEES (ALSO REFERRED TO AS BUILDING
IMPACT OR PUBLIC FACILITIES FEES AND SIGN' PROGRAM PERMIT
FEES), (PUBLIC SERVICES)
Planning Manager Kathleen Wold stated at the December 13, 2010 City Council meeting,
Councilmember Johnson proposed the idea of exploring different options regarding
establishing a program to incentivize businesses within the City to improve their
buildings without incurring City development impact fees within three specific areas of
the City. The first area is Morro Bay Boulevard (downtown area) from the roundabout to
Market Street; the second area is Main Street to the City limits; and the third area is
Quintana Road. Reducing or waiving development impact fees could provide an
economic incentive for businesses to consider improvements to buildings as impact fees
can add a substantial amount of money onto the building permit fee. In addition to the
moratorium on development impact fees, Councilmember Johnson also suggests a
moratorium on fees associated with sign programs. This would provide incentive for
business owners to reevaluate the businesses' sign program and consider improvements
® without additional City fees. Currently sign regulations have been under review by the
City and one of the goals of this review has been to encourage businesses to utilize signs
in a way that does not detract from the community as a whole. A moratorium on sign
fees for sign programs would provide additional incentive for businesses to review their
entire sign program and consider an entirely new sign program. Ms. Wold recommended
the City Council weigh the benefits to the business community against the loss of revenue
to determine if the benefits outweigh the costs and direct staff accordingly.
Councilmember Smukler stated without knowing what the real intent and focus is he is
not comfortable with moving forward with this in segments. He said he would prefer to
identify the real strategy as a whole with all of the elements available.
MOTION: Councilmember Borchard moved the City Council place a moratorium on
development impact fees on commercial projects for the next three (3)
years within the City bordered commercial areas. The motion was
seconded by Councilmember Johnson and carried with Councilmember
Smukler voting no. (4-1)
u
® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — JUNE 14, 2011
D-2 NORTH MAIN STREET COMMERCIAL PARKING AREA MAP AND
DRAFT ORDINANCE CHANGE; (PUBLIC SERVICES)
Planning Manager Kathleen Wold stated at the December 13, 2010 City Council meeting,
Councilmember Borchard requested that staff provide a report on the status of parking in
the North Main Street area to include options for modifications or amendments to City
requirements which would address buildings where the number of stalls is
nonconforming to present day standards. At the February 8, 2011 meeting, staff
presented a report which contained various options for Council to consider, and directed
staff to prepare a boundary map and an exemption for Morro Bay Municipal Code
Section 17.44.020(A),I which was presented to Council during this presentation. Ms.
Wold recommended the City Council review the boundary map and draft ordinance
change, and direct staff accordingly.
MOTION: Councilmember Borchard moved the City Council approve the exemption
to Morro Bay Municipal Code Section 17.44.020(A).l for Parking
Facilities for North Main Street to read as per the staff report with the
additional language: "to not include new construction or new additions."
Is unanimously.
motion was seconded by Councilmember Johnson and carried
unanimously. (5-0)
E
D-3 RECOMI�4ENDATION ON THE ALIGNMENT OF THE MORRO
.BAY/CAYUCOS BIKE PATH CONNECTOR; (RECREATION & PARKS)
Recreation R Parks Director Joe Woods introduced Elizabeth Kavanaugh, Parks Planner
for San Luis Obispo County Parks. Ms. Kavanaugh stated the Morro Bay to Cayucos
Connector project is a multi -use trail that connects coastal communities of Morro Bay
and Cayucos along Highway 1. This is a San Luis Obispo County Parks' project and
County Parks requests the City Council review the Eastern and Western alignments of the
Connector, and recommend one of the alignments to the County. The Morro Bay Parks
and Recreation Commission reviewed these alignments on March 17, 2011 and
recommends the Western alignment. Ms. Kavanaugh recommended the City Council
discuss the Eastern and Western alignments of the Morro Bay/Cayucos Bike Path
Connector, and make a recommendation to the San Luis Obispo County Parks.
MOTION: Mayor Yates moved the City Council recommend the Western Alignment
of the Morro Bay/Cayucos Bike Path Connector to the San Luis Obispo
County Parks. The motion was seconded by Councilmember Smukler and
carried unanimously. (5-0)
12
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — JUNE 14, 2011
E. DECLARATION OF FUTURE AGENDA ITEMS
Councilmember Johnson requested to agendize a discussion on developing a Business
Improvement Program that would include.a Facade Improvement Program; Council
concurred.
Councilmember Smukler requested to agendize a report on the Cambria Voluntary Bus
Program on the next City Council agenda; Council concurred.
ADJOURNMENT
The meeting adjourned at 9:41 p.m.
Recorded by:
oq4w�,
{.
Jamie Boucher
Deputy City Clerk
E
13
® 0 City of Morro Bay
Morro Bay, CA 93442
nop" (805) 772-6200
NOTICE OF SPECIAL MEETING
NOTICE IS HEREBY GIVEN that the Morro Bay City Council will
be holding a Special Meeting on Tuesday, May 24, 2011 at 5:00 P.M. to be
held at the Veterans' Memorial Building, 209 Surf Street, Morro Bay,
California.
The City Council will be conducting interviews to fill vacancies on the
Planning Commission, Public Works Advisory Board, and Community
Promotions Committee.
® The City Council will adjourn to its regular City Council meeting at
6:00 p.m.
IN COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT, IF YOU NEED
SPECIAL ASSISTANCE TO PARTICIPATE IN A CITY MEETING, PLEASE CONTACT
THE CITY CLERK'S OFFICE AT LEAST 24 HOURS PRIOR TO THE MEETING TO
INSURE THAT REASONABLE ARRANGEMENTS CAN BE MADE TO PROVIDE
ACCESSIBILITY TO THE MEETING.
DATED: {} May
�19, 2011
Bridgett ssling, gity Clerlo
FINANCE ADMINISTRATION
FIRE DEPT.
PUBLIC SERVICES
® 595 Harbor Street 595 Harbor Street
715 Harbor Street
955 Shasta Avenue
HARBOR DEPT. CITY ATTORNEY
POLICE DEPT.
RECREATION & PARKS
1275 Embarcadero Road 595 Harbor Street
870 Morro Bav Boulevard
1001 Kennedy Way
MINUTES — MORRO BAY CITY COUNCIL
SPECIAL MEETING —MAY 24, 2011
® VETERANS MEMORIAL BUILDING - 5:00 P.M.
Mayor Yates called the meeting to order at 5:00 p.m.
PRESENT: William Yates
Mayor
Carla Borchard
Councilmember
Nancy Johnson
Councilmember
George Leage
Councilmember
Noah Smukler
Councilmember
STAFF: Andrea Lueker
City Manager
Robert Schultz
City Attorney
INTERVIEW OF APPLICANTS
The City Council interviewed the following applicants for the Planning Commission
vacancy expiring 01-31-13: Jessica Napier and William Welles.
The City Council voted by ballot and City Manager Andrea Lueker read the following
results:
Jessica Napier (3 votes — Borchard, Johnson, Smukler)
William Welles (2 votes — Leage, Yates)
® The City Council interviewed the following applicants for the Public Works Advisory
Board vacancies: Ron Burkhart, William Olson, Stephen Shively, and Robert Swain.
The City Council voted by ballot and City Manager Andrea Lueker read the following
results:
Ron Burkhart (5 votes — Borchard, Johnson, Leage, Smukler, Yates)
William Olson (5 votes — Borchard, Johnson, Leage, Smukler, Yates)
Stephen Shively (3 votes — Borchard, Johnson, Yates)
Robert Swain (2 votes — Leage, Smukler)
Mr. Burkhart was given the term expiring 01/31/15; Mr. Olson was given the term
expiring 01/31/13; and, Mr. Shively was given the term expiring 01/31/12.
The City Council interviewed the following applicants for the Community Promotions
Committee vacancy expiring 01/31/15: Liz Bednorz and Amit Patel.
The City Council voted by ballot and City Manager Andrea Lueker read the following
results:
Liz Bednorz (1 vote — Smukler)
Amit Patel (4 votes - Borchard, Johnson, Leage, Yates)
0 ADJOURNMENT - The meeting adjourned to the regular City Council meeting at 6:20 p.m.
® City of Morro Bay
City Council Agenda
Mission Statement
The City of Morro Bay is dedicated to the preservation and enhancement of the quality
of life The City shall be committed to this purpose and will provide a level of
municipal service and safety consistent with and responsive to the needs of the public.
REGULAR MEETING - TUESDAY, MAY 24, 2011
CLOSED SESSION - TUESDAY, MAY, 2011
CITY HALL CONFERENCE ROOM - 4:00 P.M.
595 HARBOR ST., MORRO BAY, CA
CS-1 GOVERNMENT CODE SECTION 54957.6: CONFERENCE WITH
LABOR NEGOTIATOR. Conference with City Manager, the City's Designated
Representative, for the purpose of reviewing the City's position regarding the
terms and compensation paid to the City Employees and giving instructions to the
Designated Representative.
® CS-2 GOVERNMENT CODE SECTION 54956.8; REAL PROPERTY
TRANSACTIONS. Instructing City's real property negotiator regarding the price
and terms of payment for the purchase, sale, exchange, or lease of teal property as
to three (3) parcels:
• Property: Embarcadero Grill - Lease Site 86-86W
Negotiating Parties: Caldwell and City of Morro Bay.
Negotiations: Sub Lease Terms and Conditions.
Property: Lease Site 65-66/65W-66W, 571 Embarcadero,
Negotiating Parties: Imani and City of Morro Bay.
Negotiations: Lease Terms and Conditions.
Property: Sea One Solutions; Lease Site 124-128/124W-128W and 113W,
1215 Embarcadero.
Negotiating Parties: Sea One Solutions, LLC and City of Morro Bay.
Negotiations: Lease Terms and Conditions.
IT IS NOTED THAT THE CONTENTS OF CLOSED SESSION MEETINGS
ARE CONFIDENTIAL AND EXEMPT FROM DISCLOSURE.
THE CITY COUNCIL WILL ADJOURN TO A SPECIAL OPEN SESSION MEETING TO
HOLD INTERVIEWS TO FILL VACANCIES ON THE CITY'S PLANNING
COMMISSION, PUBLIC WORKS ADVISORY BOARD AND COMMUNITY
® PROMOTIONS COMMITTEE. THE INTERVIEWS WILL TAKE PLACE BEGINNING AT
5:00 P.M. AND WILL BE LOCATED AT THE VETERANS' MEMORIAL BUILDING,
209 SURF STREET, MORRO BAY, CA
PUBLIC SESSION — TUESDAY, MAY 24, 2011
VETERANS MEMORIAL HALL - 6:00 P.M.
® 209 SURF ST., MORRO BAY, CA
ESTABLISH QUORUM AND CALL TO ORDER
MOMENT.OF SILENCE
PLEDGE OF ALLEGIANCE
MAYOR AND COUNCILMEMBERS ANNOUNCEMENTS & PRESENTATIONS
CLOSED SESSION REPORT
PUBLIC COMMENT PERIOD - Members of the audience wishing to address the
Council on City business matters (other than Public Hearing items under Section B) may
do so at this time.
To increase the effectiveness of the Public Comment Period, the following rules shall be
followed:
• When recognized by the Mayor, please come forward to the podium and state
your name and address for the record. Comments are to be limited to three
minutes.
• All remarks shall be addressed to Council, as a whole, and not to any
individual member thereof.
• The Council respectfully requests that you refrain from making slanderous,
® profane or personal remarks against any elected official, commission and/or
staff.
• Please refrain from public displays or outbursts such as unsolicited applause,
comments or cheering.
• Any disruptive activities that substantially interfere with the ability of the City
Council to carry out its meeting will not be permitted and offenders will be
requested to leave the meeting.
• Your participation in City Council meetings is welcome and your courtesy
will be appreciated.
In compliance with the Americans with Disabilities Act, if you need special assistance to
participate in this meeting, please contact the City Clerk, (805) 772-6205. Notification 24
hours prior to the meeting will enable the City to make reasonable arrangements to ensure
accessibility to this 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 MEETING
OF MAY 10, 2011; (ADMINISTRATION)
® RECOMMENDATION: Approve as submitted.
A-2 APPROVAL OF CONTRACT WITH BARNETT COX & ASSOCIATES FOR
® ADVERTISING AND MARKETING SERVICES; (CITY ATTORNEY)
RECOMMENDATION: Approve and authorize the Mayor to execute the
contract.
A-3 RESOLUTION NO. 35-I1 AUTHORIZING SAN LUIS OBISPO COUNTY
ASSESSOR TO ASSESS AMOUNTS DUE ON DELINQUENT SOLID
WASTE COLLECTION ACCOUNTS AS TAX LIENS AGAINST THE
PROPERTIES; (ADMINISTRATIVE SERVICES)
RECOMMENDATION: Adopt Resolution No. 35-11.
A4 ADOPTION OF ORDINANCE NO. 567 REPEALING, AMENDING AND
REENACTING CHAPTER 14.48 OF THE CITY OF MORRO BAY
MUNICIPAL CODE, ENTITLED ILLICIT DISCHARGE AND
STORMWATER MANAGEMENT CONTROL; (PUBLIC SERVICES)
RECOMMENDATION: Adopt Ordinance No. 567.
A-5 RESOLUTION AUTHORIZING MONTHLY PAYMENT OPTION FOR
EMBARCADERO LEASEHOLDERS; (HARBOR)
RECOMMENDATION: Adopt Resolution No. 37-11.
® A-6 RESOLUTION AUTHORIZING EXECUTION OF THE "DESIGNATION OF
APPLICANT'S AGENT RESOLUTION FOR NON -STATE AGENCIES" FOR
THE CITY'S APPLICATION FOR CALIFORNIA DISASTER ASSISTANCE
ACT PROGRAM; (HARBOR)
11
RECOMMENDATION: Adopt Resolution No. 38-11.
B. PUBLIC HEARINGS, REPORTS & APPEARANCES
B-1 REVIEW OF DRAFT SIGN ORDINANCE AND CONSIDERATION OF
ADOPTION OF INTERIM URGENCY ORDINANCE ESTABLISHING
RULES REGULATING THE APPROVAL PROCESS AND CONSTRUCTION
OF PROJECTING SIGNS PENDING COMPLETION OF STUDIES AND THE.
PREPARATION OF AN UPDATE TO THE CITY'S ZONING CODE; (CITY
ATTORNEY)
RECOMMENDATION: Review and discuss the draft Sign Ordinance, open the
public hearing, and then adopt Interim Urgency Ordinance No. 568 which
would establish interim rules regulating the approval process and
construction of projecting signs pending completion of studies and the
preparation of an update to the City's zoning code.
3
B-2 REVIEW AND ADOPTION OF A REVISED TEEN CENTER MASTER
PLAN; (RECREATION & PARKS)
® RECOMMENDATION: Review and discuss the proposed options for the Teen
Center Master Plan and adopt either Option Five.or Six based on public
input and consensus.
u
C. UNFINISHED BUSINESS — NONE.
D. NEW BUSINESS
D-1 RESOLUTION NO. 36-11 APPROVING A COOPERATION AGREEMENT
BETWEEN THE COUNTY OF SAN' LUIS OBISPO AND THE CITY OF
MORRO BAY FOR JOINT PARTICIPATION IN THE COMMUNITY
DEVELOPMENT BLOCK GRANT PROGRAM, THE EMERGENCY
SOLUTIONS GRANT PROGRAM, AND THE HOUSING OPPORTUNITIES
FOR PERSONS WITH AIDS PROGRAM FOR FISCAL YEARS 2012-2014;
(ADMINISTRATION)
RECOMMENDATION: Adopt Resolution No. 36-11.
E. DECLARATION OF FUTURE AGENDA ITEMS
F. 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.
MATERIALS RELATED TO AN ITEM ON THIS AGENDA SUBMITTED TO
THE CITY COUNCIL AFTER DISTRIBUTION OF THE AGENDA PACKET
ARE AVAILABLE FOR PUBLIC INSPECTION AT CITY HALL LOCATED AT
595 HARBOR STREET DURING NORMAL BUSINESS HOURS OR AT THE
SCHEDULED MEETING.
11
MINUTES - MORRO BAY CITY COUNCIL
CLOSED SESSION — MAY 24, 2011
® CITY HALL CONFERENCE ROOM - 4:00 P.M.
Mayor Yates called the meeting to order at 4:00 p.m.
PRESENT: William Yates
Mayor
Carla Borchard
Councilmember
Nancy Johnson
Councilmember
George Leage
Councilmember
Noah Smukler
Councilmember
STAFF: Andrea Lueker
City Manager
Robert Schultz
City Attorney
CLOSED SESSION
MOTION: Councilmember Smukler moved the meeting be adjourned to Closed
Session. The motion was seconded by Councilmember Leage and
unanimously carried. (5-0)
Mayor Yates read the Closed Session Statement.
CS-1 GOVERNMENT CODE SECTION 54957.6; CONFERENCE WITH
LABOR NEGOTIATOR. Conference with City Manager, the City's Designated
Representative, for the purpose of reviewing the City's position regarding the
® terms and compensation paid to the City Employees and giving instructions to the
Designated Representative.
CS-2 GOVERNMENT CODE SECTION 54956.8; REAL PROPERTY
TRANSACTIONS. Instructing City's real property negotiator regarding the price
and terms of payment for the purchase, sale, exchange, or lease of real property as
to three (3) parcels:
• Property: Embarcadero Grill - Lease Site 86-86W
Negotiating Parties: Caldwell and City of Morro Bay.
Negotiations: Sub Lease Terms and Conditions.
• Property: Lease Site 65-66/65W-66W, 571 Embarcadero,
Negotiating Parties: Imani and City of Morro Bay.
Negotiations: Lease Terms and Conditions.
• Property: Sea One Solutions; Lease Site 124-128/124W-128W and 113W,
1215 Embarcadero.
Negotiating Parties: Sea One Solutions, LLC and City of Morro Bay.
Negotiations: Lease Terms and Conditions.
The meeting adjourned at 4:50 p.m.
The City Council adjourned to a Special Open Session meeting to hold interviews to fill
vacancies on the City's Planning Commission, Public Works Advisory Board and
® Community Promotions Committee. The interviews started at 5:00 p.m. and were located at
the Veterans' Memorial Building, 209 Surf Street, Morro Bay, CA
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — MAY 24, 2011
® VETERANS MEMORIAL HALL - 6:00 P.M.
Mayor Yates called the meeting to order at 6:20 p.m.
PRESENT: William Yates. Mayor
Carla Borchard Councilmember
Nancy Johnson Councilmember
George Leage Councilmember
Noah Smukler Councilmember
STAFF: Andrea Lueker
Robert Schultz
Bridgett Kessling
Eric Endersby
Rob Livick
Tim Olivas
Mike Pond
Susan Slayton
Joe Woods
City Manager
City Attorney
City Clerk
Harbor Operations Manager
Public Services Director
Police Chief
Fire Chief
Administrative Services Director
Recreation & Parks Director
ESTABLISH QUORUM AND CALL TO ORDER
MOMENT OF SILENCE
Is MAYOR
OF ALLEGIANCE
MAYOR AND COUNCIL MEMBERS REPORTS, ANNOUNCEMENTS &
PRESENTATIONS
CLOSED SESSION REPORT - City Attorney Robert Schultz reported the City Council
met in Closed Session; no reportable action under the Brown Act was taken on Item CS-1.
The following action was taken on Item CS-2:
Property: Embarcadero Grill - Lease Site 86-86W
Negotiating Parties: Caldwell and City of Morro Bay.
Negotiations: Sub Lease Terms and Conditions.
Councilmember Leage was excused from this discussion due to a conflict of interest; and,
no action under the Brown Act was taken on Lease Site 86-86W.
Property: Lease Site 65-66/65W-66W, 571 Embarcadero,
Negotiating Parties: Imani and City of Morro Bay.
Negotiations: Lease Terms and Conditions.
• Property: Sea One Solutions; Lease Site 124-128/124W-128W and 113W, 1215
Embarcadero.
Negotiating Parties: Sea One Solutions, LLC and City of Morro Bay.
Negotiations: Lease Terms and Conditions.
Action was taken to correct the administrative error under Section 2.04 (Percentage Rent)
to bring the lease agreements in conformance with the Master Lease format for Lease
® Sites 65-66/65W-66W, and Lease Site 124-128/124W-128W and 113W.
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING —MAY 24, 2011
C
PUBLIC COMMENT
Jeff Eckles, owner of Morro Bay House of Jerky, stated this is a new store on the
Embarcadero which carries five different flavors of jerky, as well as a variety of other
goods.
Gary Hixson promoted the Gary (Tyler Moore) Hixson Show, and he supports having
Film Commission in Morro Bay. Mr. Hixson spoke on various issues in the City.
Dan Glesmann addressed an article in the Trihune regarding the budget woes in San Luis
Obispo. He addressed Morro Bay's upcoming budget and requested the City Council get
control of personnel costs and preserve the City's infrastructure.
Stan Trapp thanked the City for its efforts in sprucing up the Embarcadero. He addressed
Item A-5 (Resolution Authorizing Monthly Payment Option for Embarcadero
Leaseholders) and expressed gratitude to staff for recommending monthly payments for
leaseholders. Mr. Trapp also addressed Item B-1 (Consideration of Adoption of Interim
Urgency Ordinance Establishing Rules Regulating the Approval Process and
Construction of Projecting Signs Pending Completion of Studies and the Preparation of
an Update to the City's Zoning Code) and supported the recommendation for approval of
Ordinance No. 568 which will bring uniformity to the signs around the City.
Nancy Castle thanked the City for its support of the Central Coast Maritime Museum
Association for the display across from the Great American Fish Company which is a
part of the history of Morro Bay.
John Weiss discussed the Eco-Rotary Program where the goal is to recycle the food
products and reduce the amount of water used at the three local golf courses in the
county. He said there will be meetings every second and fourth Tuesdays at the Morro
Bay Golf Course regarding this program.
Virginia Hiramatsu announced Relay for Life of Morro Bay will be held on August 6 and
7, 2011 at Morro Bay High School. She said the funds raised at this event will stay to
assist victims of cancer in Morro Bay.
George Ross, CPA stated the pension liabilities in the City are the biggest concern and
the two -tiered pension benefit is a good idea on reducing future pension liabilities. He
said another hole in the City governance is the issuance of business licenses which needs
to be enforced. Mr. Ross also stated another annoyance is the theft of recycling goods
which could lead to identity theft. He also expressed the need to pursue compliance on
the removal of A -frame signs.
is
u
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — MAY 24, 2011
Betty Winholtz addressed Item A-4 (Adoption of Ordinance No. 567 Repealing,
Amending and Reenacting Chapter 14.48 of the City of Morro Bay Municipal Code,
Entitled Illicit Discharge and Stormwater Management Control) stating there is not an
educational component to this Ordinance, and there needs to be some directive to educate
the public. She also noted although the improvements to the Embarcadero are nice, North
Main Street also deserves the same improvements to attract customers to the businesses
in this part of the City.
Joan Solu addressed Council's future review on tourism and requested the City Council
pay close attention to some of the suggestions, and noted there are several visitor -serving
contracts. She said tourism brings in $70-80 million in business revenue annually to the
City, and the City does not have a leader or strategy and needs a Director of Tourism.
Ms. Solu stated the Morro Bay Tourism Business Improvement District would be happy
to discuss paying an administrative fee in place of the Visitor Center contract.
John Barta thanked the City for the removal of the news racks. He referred to Item A-4
and noted the City has no downstream communities that would be caused any harm from
storm water pollution. Mr. Barta stated the City should be required to have small traps
that will clean storm water discharge however anything larger than that is unnecessary.
Brian Stacy requested the City consider providing assistance to fishermen by giving them
an extension on slip rent during salmon season.
Kim Vanerstrand, business owner on Main Street, expressed concern with the City's
proposed signage regulations and how it may affect stores off the beaten path.
Mayor Yates closed the hearing for public comment.
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 10, 2011; (ADMINISTRATION)
RECOMMENDATION: Approve as submitted.
A-2 APPROVAL OF CONTRACT WITH BARNETT COX & ASSOCIATES FOR
ADVERTISING AND MARKETING SERVICES; (CITY ATTORNEY)
RECOMMENDATION: Approve and authorize the Mayor to execute the
® contract.
E
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — MAY 24, 2011
A-3 RESOLUTION NO. 35-11 AUTHORIZING SAN LUIS OBISPO COUNTY
ASSESSOR TO ASSESS AMOUNTS DUE ON DELINQUENT SOLID
WASTE . COLLECTION ACCOUNTS AS TAX LIENS AGAINST THE
PROPERTIES; (ADMINISTRATIVE SERVICES)
RECOMMENDATION: Adopt Resolution No. 35-11.
A4 ADOPTION OF ORDINANCE NO. 567 REPEALING, AMENDING AND
REENACTING CHAPTER 14.48 OF THE CITY OF MORRO BAY
MUNICIPAL CODE, ENTITLED ILLICIT DISCHARGE AND
STORMWATER MANAGEMENT CONTROL; (PUBLIC SERVICES)
RECOMMENDATION: Adopt Ordinance No. 567.
A-5 RESOLUTION AUTHORIZING MONTHLY PAYMENT OPTION FOR
EMBARCADERO LEASEHOLDERS; (HARBOR)
RECOMMENDATION: Adopt Resolution No. 37-11.
A-6 RESOLUTION AUTHORIZING EXECUTION OF THE "DESIGNATION OF
® APPLICANT'S AGENT RESOLUTION FOR NON -STATE AGENCIES" FOR
THE CITY'S APPLICATION FOR CALIFORNIA DISASTER ASSISTANCE
ACT PROGRAM; (HARBOR)
RECOMMENDATION: Adopt Resolution No. 38-11.
Councilmember Leage pulled Item A-3 from the Consent Calendar; Councilmember
Borchard pulled Item A-4.
MOTION: Councilmember Borchard moved the City Council approve.the Consent
Calendar with the exception of Items A-3 and A4. The motion was
seconded by Councilmember Johnson and carried unanimously. (5-0)
A-3 RESOLUTION NO. 35-11 AUTHORIZING SAN LUIS OBISPO COUNTY
ASSESSOR TO ASSESS AMOUNTS DUE ON DELINQUENT SOLID WASTE
COLLECTION ACCOUNTS AS TAX LIENS AGAINST THE PROPERTIES;
(ADMINISTRATIVE SERVICES)
Councilmember Leage asked if there is any other way to collect on a delinquent bill other
than placing a lien against property. He said he would prefer another way of collecting on a
bill, such as a collection agency rather than attaching the property; Mayor Yates agreed.
5
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — MAY 24, 2011
® Administrative Services Director Susan Slayton responded garbage liens are placed only on
homeowners based on the delinquency of the bill at the end of the year. She said the
Garbage Company makes an effort to collect on the garbage bill and when the bill has been
neglected for a long period of time, the Garbage Company has the ability to assess their
collection through the property tax bill. Ms. Slayton stated the City receives a 2%
administration fee for pursuing the assessment.
MOTION: Councilmember Borchard moved the City Council approve Item A-3 of
the Consent Calendar. The motion was seconded by Councilmember
Smukler and carried with Councilmember Leage and Mayor Yates voting.
no. (3-2)
A-4 ADOPTION OF ORDINANCE NO. 567 REPEALING, AMENDMIG AND
REENACTING CHAPTER 14.48 OF THE CITY OF MORRO BAY
MUNICIPAL CODE, ENTITLED ILLICIT DISCHARGE AND
STORMWATER MANAGEMENT CONTROL; (PUBLIC SERVICES)
Councilmember Borchard clarified from her statement at the last City Council meeting
instead of "minimum rainfall requirements",. she meant "minimum required
hydromodification and Low Impact Development Control measures allowed under the
City's storm water permit requirements.
® MOTION: Councilmember Borchard moved the City Council approve Item A-3 of
the Consent Calendar. The motion was seconded by Councilmember
Smukler and carried with Mayor Yates voting no. (4-1)
0
Mayor Yates called for a break at 7:22 p.m.; the meeting resumed at 7:37 p.m.
B. PUBLIC HEARINGS. REPORTS & APPEARANCES
B-1 REVIEW OF DRAFT SIGN ORDINANCE AND CONSIDERATION OF
ADOPTION OF INTERIM URGENCY ORDINANCE ESTABLISHING
RULES REGULATING THE APPROVAL PROCESS AND CONSTRUCTION
OF PROJECTING SIGNS PENDING COMPLETION OF STUDIES AND THE
PREPARATION OF AN UPDATE TO THE CITY'S ZONING CODE; (CITY
ATTORNEY/PUBLIC SERVICES DIRECTOR)
City Attorney Robert Schultz stated staff is beginning to enforce the A -Frame Sign
regulations and there have been discussions regarding allowing "Projecting Signs"
(commonly referred to as "Pub" signs) to replace A -frame signs. The purpose of this
Ordinance is to allow for the issuance of sign permits for projecting signs. Mr. Schultz
recommended the City Council adopt Interim Urgency Ordinance No. 568 which would
establish interim rules regulating the approval process and construction of projecting
signs pending completion of studies and the preparation of an update to the City's zoning
code.
0
El
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — MAY 24, 2011
Mayor Yates opened the hearing for public comment.
John Barta expressed support for the adoption of Interim Urgency Ordinance No. 568.
Mayor Yates closed the hearing for public comment.
MOTION: Mayor Yates moved the City Council adopt Interim Urgency Ordinance
No. 568 which would establish interim rules regulating the approval
process and construction of projecting signs pending completion of studies
and the preparation of an update to the City's zoning code. The motion was
seconded by Councilmember Borchard and carried unanimously. (5-0)
City Manager Andrea Lueker read Interim Urgency Ordinance No. 568 by number and
title only.
Public Services Director Rob Livick stated the Draft Sign Ordinance is fundamentally the
same ordinance approved within the Comprehensive Zoning Ordinance Update 2004;
changes have been made to the Sign Ordinance to allow it to be integrated into the
existing Ordinance. He said the current and proposed ordinance limits the amount of
signage each building and/or business can permanently affix to a building as such a
determination should be made if further changes need to be addressed to achieve the
® Council's goal as they pertain to projecting signs. Mr. Livick recommended the City
Council review the Draft Ordinance and changes proposed by the Planning Commission
and provide direction to staff regarding the final revised Sign Ordinance.
Council agreed that more work is needed on this Draft Ordinance, and a workshop would
be beneficial to receive input from the business community.
Mayor Yates opened the hearing for public comment.
John Barta stated years ago when he served on the Planning Commission, it took several
years to develop the concept of the Sign Ordinance. He said he would be happy to share
the PowerPoint presentation he has with the information from that time period.
John Weiss, President of Chamber of Commerce, stated it is agreed that the business
community would like to reduce clutter; the need of communicating what and where
businesses are; the adoption of modest fees; and, it meets the needs of the business as
well as City standards. He said a workshop is a great idea.
Mayor Yates closed the hearing for public comment.
Councilmember Smukler stated he would like a better dialogue with the Chamber of
Commerce and other interest groups, and that they have an opportunity for input.
7
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — MAY 24, 2011
Councilmember Johnson made the following suggestions: 1) no A -frame signs anywhere
in the City; 2) projecting public signs allowed in all parts of the City; 3) kiosks should be
allowed at the corner of Beach and Front Street, along the waterfront and on the corners
of Old Town; and 4) feather flags should be allowed in North Morro Bay and Quintana
Road. She also noted signs on pick-up trucks should not be allowed and should be
enforced.
Mayor Yates stated he agrees there should be no A -frame signs allowed anywhere in
town noting there are alternative signs.
Councilmember Borchard stated she would like to exhaust the fact that there are areas
that could have alternative signage before disallowing A -frame signs. She said she would
like the Planning Commission PowerPoint presentation from 2004 be part of the
workshop which could give Council alternative ideas. Councilmember Borchard
requested Council consider the appointment of a Sign Review Board.
Council directed staff to schedule a public workshop on the Draft Sign Ordinance within
six months, or by the first meeting in November.
No further action was taken on the Draft Sign Ordinance.
® B-2 REVIEW AND ADOPTION OF A REVISED TEEN CENTER MASTER
PLAN; (RECREATION & PARKS)
El
Recreation & Parks Director Joe Woods stated the Teen Center Master Plan process
started in 2004 with public workshops and concluded in 2006 with a City Council
approved Concept Plan. Recent workshops have been held to not only update the Master
Plan, but also to fulfill Proposition 84 requirements for public input. Staff held three
workshops at the Teen Center in late February 2011. The Recreation & Parks
Commission reviewed four resulting options and requested staff to develop additional
options which combined two of the proposed. As a result, Options 5 and 6 are presented
to City Council for consideration. At the conclusion of this process, staff will be
submitting a grant application to the State Parks Department with the intent to obtain
Proposition 84 funding. Mr. Woods recommended the City Council review and discuss
the proposed options for the Teen Center Master Plan and adopt either Option 5 or 6
based on public input and consensus.
Mayor Yates opened the hearing for public comment.
Jake stated he has been going to the Teen Center for a few years and it has been a great
experience, and he believes this upgrade will be beneficial for future teens. He said Option
6 would provide a lot of space for the community.
3
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — MAY 24, 2011
John Gutierrez, Program Director for Teen Center, stated this is a home away from home for
a lot of teens. He said as part of the Teen Advisory Committee, there are teens that put a lot
of time into this Master Plan: Mr. Gutierrez stated he prefers Option 6 generally as the
better plan.
Taylor Newton stated he mentors the Gorilla Gardening Club who is mostly teens who are
excited about getting involved in the landscape portion of this plan as well as the skate park
and fitness area. He stated he prefers Option 6 especially with the fitness center and internet
access.
Karen Croley, Recreation & Parks Commissioner, stated she prefers Option 6 which is more
family -oriented with something for different age groups to do in a confined space. She said
crime studies show that between 3:00 pm - 5:00 pm is when crime rates are highest because
teens are home unsupervised with nothing to do.
Mayor Yates closed the hearing for public comment.
Councilmember Borchard stated she is adamant that this is a Youth Center with multi -age
access and recognizing an area for teens. She expressed concern with the maintenance of
the skate park area under the trees. Councilmember Borchard also has concern with the
® unprojected cost of this plan.
Councilmember Johnson stated she prefers Option 6; however, she expressed concern
with the placement of the modular skate park in the back and the concrete skate park in
the front of the Center. She said she would like the climbing area to be opened to
preteens. Councilmember Johnson stated she would like the Center to be renamed.
because it is intimidating to,preteens. She also has concerns with the unprojected costs.
Mayor Yates stated he supports approval of the Master Teen Center Plan (Option 6) as
proposed; Councilmember Leage agreed.
Councilmember Smukler stated he supports Option 6 because it gives a buffer from the
neighboring property owner. He said he would like renewable energy and water
recycling to be included in this plan.
MOTION: Councilmember Smukler moved the City Council adopt Option 6 of the
Master Teen Center Plan. The motion was seconded by Councilmember
Borchard and carried with Councilmember Johnson voting no. (4-1)
C. UNFINISHED BUSINESS — NONE.
u
W
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — MAY 24, 2011
D. NEW BUSINESS
D-1 RESOLUTION NO. 36-11 APPROVING A COOPERATION AGREEMENT
BETWEEN THE COUNTY OF SAN LUIS OBISPO AND THE CITY OF
MORRO BAY FOR JOINT PARTICIPATION IN THE COMMUNITY
DEVELOPMENT BLOCK GRANT PROGRAM, THE EMERGENCY
SOLUTIONS GRANT PROGRAM AND THE HOUSING OPPORTUNITIES
FOR PERSONS WITH AIDS PROGRAM FOR FISCAL YEARS 2012-2014;
(ADMINISTRATION)
City Manager Andrea Lueker stated the City of Morro Bay has the opportunity to
participate with other cities and the County of San Luis Obispo in qualifying as an
"Urban County' for fiscal years ending 2012-2014. An Urban County receives annual,
formal -based grants from the federal Department of Housing and Urban Development
(HUD) under the Community Development Block Grant (CDBG), Home Investment
Partnership Act (HOME) and Emergency Solutions Grants (ESG) programs. For the next
3-year cycle, staffs recommendation is that the City of Morro Bay joins the Urban
County rather than apply for funds as an individual city. This recommendation is due to
staff reallocations and budget reductions over the past few years. Staff believes this move
will provide more funding overall to the City and its residents, than the City attempting to
apply for funds as an individual City. If the City decides to become part of the Urban
County, the City will receive its CDBG allocation through the county. The estimated
® amount of the CDGB funding is $87,000 - 100,000. Ms. Lueker recommended the City
Council adopt Resolution No. 36-11 approving a Cooperation Agreement between the
County of San Luis Obispo and the City of Morro Bay for Joint Participation in the
Community Development Block Grant Program, the Emergency Solutions Grant
Program, and the Housing Opportunities for Persons with Aids Program for Fiscal Years
2012-2014.
MOTION: Councilmember Leage, moved the City Council adopt Resolution No. 36-
11 approving a Cooperation Agreement between the County of San Luis
Obispo and the City of Morro Bay for Joint Participation in the
Community Development Block Grant Program, the Emergency Solutions
Grant Program, and the Housing Opportunities for Persons with Aids
Program for Fiscal Years 2012-2014. The motion was seconded by
Councilmember Borchard and carried unanimously. (5-0)
E. DECLARATION OF FUTURE AGENDA ITEMS — NONE.
ADJOURNMENT - The meeting adjourned at 9:19 P.M.
Recorded by:
BridgettKessling
® City Clerk
10
® City of Morro Bay
City Council Agenda
Mission Statement
The City of Morro Bay is dedicated to the preservation and enhancement of the quality
of life The City shall be committed to this purpose and will provide a level of municipal
service and safety consistent with and responsive to the needs of the public.
REGULAR MEETING — TUESDAY, MAY 10, 2011
CLOSED SESSION — TUESDAY, MAY 10, 2011
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 City Manager, the City's Designated
Representative, for the purpose of reviewing the City's position regarding the terms
and compensation paid to the City Employees and giving instructions to the
Designated Representative.
IT IS NOTED THAT THE CONTENTS OF CLOSED SESSION MEETINGS
ARE CONFIDENTIAL AND EXEMPT FROM DISCLOSURE.
I]
PUBLIC SESSION — TUESDAY, MAY 10, 2011
® VETERANS MEMORIAL HALL - 6:00 P.M.
209 SURF ST., MORRO BAY, CA
ESTABLISH QUORUM AND CALL TO ORDER
MOMENT OF SILENCE
PLEDGE OF ALLEGIANCE
MAYOR AND COUNCILMEMBERS ANNOUNCEMENTS & PRESENTATIONS
CLOSED SESSION REPORT
PUBLIC COMMENT PERIOD - Members of the audience wishing to address the Council
on City business matters (other than Public Hearing items under Section B) may do so at
this time.
To increase the effectiveness of the Public Comment Period, the following rules shall be
followed:
• When recognized by the Mayor, please come forward to the podium and state
your name and address for the record. Comments are to be limited to three
minutes.
• All remarks shall be addressed to Council, as a whole, and not to any individual
member thereof.
• The Council respectfully requests that you refrain from making slanderous,
profane or personal remarks against any elected official, commission and/or
® staff.
• Please refrain from public displays or outbursts such as unsolicited applause,
comments or cheering.
• Any disruptive activities that substantially interfere with the ability of the City
Council to carry out its meeting will not be permitted and offenders will be
requested to leave the meeting.
• Your participation in City Council meetings is welcome and your courtesy will
be appreciated.
In compliance with the Americans with Disabilities Act, if you need special assistance to
participate in this meeting, please contact the City Clerk, (805) 772-6205. Notification 24
hours prior to the meeting will enable the City to make reasonable arrangements to ensure
accessibility to this 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 APRIL 12, 2011 AND APRIL 26, 201 l; (ADMINISTRATION)
0 RECOMMENDATION: Approve as submitted.
2
A-2 UPDATE ON CURRENT LEGISLATIVE BILLS PENDING IN
SACRAMENTO AND REPORT ON CALIFORNIA LEGISLATIVE ACTION
® DAYS; (CITY ATTORNEY)
RECOMMENDATION: Review the report, and if there are any pending Legislative
Bills that are of interest or concern, discuss them with the City Attorney.
A-3 ACCEPTANCE OF OFFERS OF DEDICATION FOR PROJECTS LOCATED AT
962 PINEY WAY (ST. TIMOTHY'S) AND 1478 QUINTANA ROAD (ROCK
HARBOR CHRISTIAN FELLOWSHIP); (PUBLIC SERVICES)
RECOMMENDATION: Adopt Resolution No. 34-11 accepting the Offer of
Dedication for public pedestrian easement purposes for 962 Piney Way; and,
adopt Resolution No. 31-11 for Right of Way and Utility Easement purposes for
1478 Quintana Road.
A-4 AWARD OF MARKETING CONTRACT TO BARNETT COX;
(ADMINISTRATION)
RECOMMENDATION: This item has been pulled from the agenda.
A-5 PROCLAMATION DECLARING MAY 2011 AS "NATIONAL DROWNING
PREVENTION MONTH"; (ADMINISTRATION)
RECOMMENDATION: Adopt Proclamation.
® A-6 PROCLAMATION DECLARING THE WEEK OF MAY 15 — 21, 2011 AS
"POLICE WEEK"; (POLICE)
RECOMMENDATION: Adopt Proclamation.
B. PUBLIC HEARINGS, REPORTS & APPEARANCES
B-1 REQUEST FOR APPROVAL TO CONSTRUCT A 23-UNIT COMMUNITY
HOUSING PROJECT WITH EXCEPTIONS AND ASSOCIATED
ENVIRONMENTAL DOCUMENTS LOCATED AT 2400 MAIN STREET (UPO-
086, CPO-I.30, SOO-048); (PUBLIC SERVICES)
RECOMMENDATION: Conditionally approve Tentative Subdivision Map (S00-048),
Use Permit (UFO-086) and Coastal Development Permit (CPO-130) subject to the
findings contained in Exhibit A and the Conditions of Approval in Exhibit B.
B-2 INTRODUCTION AND FIRST READING OF ORDINANCE NO. 567
REPEALING, AMENDING AND REENACTING CHAPTER 14.48 OF THE CITY
OF MORRO BAY MUNICIPAL CODE, ENTITLED ILLICIT DISCHARGE AND
STORMWATER MANAGEMENT CONTROL; (PUBLIC SERVICES)
® RECOMMENDATION: Approve the introduction and first reading of Ordinance
No. 567 by number and title only.
3
B-3 RESOLUTION NO. 25-11 DECLARING THE INTENTION TO CONTINUE THE
® PROGRAM AND ASSESSMENTS FOR THE 2011/12 FISCAL YEAR FOR THE
MORRO BAY TOURISM BUSINESS IMPROVEMENT DISTRICT;
(ADMINISTRATIVE SERVICES)
RECOMMENDATION: Conduct a public hearing, record testimony for/against the
continuation of the Morro Bay Tourism Business Improvement District, and
adopt/reject/amend Resolution No. 25-11.
B-4 RESOLUTION APPROVING THE ENGINEERS REPORT AND DECLARING
THE INTENT TO LEVY THE ANNUAL ASSESSMENT FOR THE CLOISTERS
LANDSCAPING AND LIGHTING MAINTENANCE ASSESSMENT DISTRICT,
(RECREATION & PARKS)
RECOMMENDATION: Adopt Resolution No. 32-11 declaring the intent to levy the
annual assessment for the maintenance of the Cloisters Park and Open Space
and approving the Engineers Report.
B-5 RESOLUTION APPROVING THE ENGINEERS REPORT AND DECLARING
THE INTENT TO LEVY THE ANNUAL ASSESSMENT FOR THE NORTH
POINT NATURAL AREA LANDSCAPING AND LIG14TING MAINTENANCE
ASSESSMENT DISTRICT; (RECREATION & PARKS)
RECOMMENDATION: Adopt Resolution No. 33-11 declaring the intent to levy the
® annual assessment for the maintenance of the North Point Natural Area and
approving the Engineers Report.
C. UNFINISHED BUSINESS — NONE.
D. NEW BUSINESS
D-1 DRAFT SIGN ORDINANCE; (PUBLIC SERVICES)
RECOMMENDATION: Review Draft Ordinance and changes proposed by the
Planning Commission and provide direction to staff regarding the final Revised
Sign Ordinance.
E. DECLARATION OF FUTURE AGENDA ITEMS
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.
MATERIALS RELATED TO AN ITEM ON THIS AGENDA SUBMITTED TO THE CITY
COUNCIL AFTER DISTRIBUTION OF THE AGENDA PACKET ARE AVAILABLE FOR
PUBLIC INSPECTION AT CITY HALL LOCATED AT 595 HARBOR STREET; MORRO
® BAY LIBRARY LOCATED AT 625 HARBOR STREET; AND MILL'S COPY CENTER
LOCATED AT 495 MORRO BAY BOULEVARD DURING NORMAL BUSINESS HOURS.
® MINUTES - MORRO BAY CITY COUNCIL
CLOSED SESSION —MAY 10, 2011
CITY HALL CONFERENCE ROOM - 5:00 P.M.
Mayor Yates called the meeting to order at 5:00 p.m
PRESENT: William Yates
Mayor
Carla Borchard
Councilmember
Nancy Johnson
Councilmember
George Leage
Councilmember
Noah Smukler
Councilmember
STAFF: Andrea Lueker
City Manager
Robert Schultz
City Attorney
CLOSED SESSION
MOTION: Councilmember Johnson moved the meeting be adjourned to Closed
Session. The motion was seconded by Councilmember Borchard and
unanimously carried. (5-0)
Mayor Yates read the Closed Session Statement.
® CS-1 GOVERNMENT CODE SECTION 54957.6; CONFERENCE WITH LABOR
NEGOTIATOR. Conference with City Manager, the City's Designated
Representative, for the purpose of reviewing the City's position regarding the terms
and compensation paid to the City Employees and giving instructions to the
Designated Representative.
The meeting adjourned to Closed Session at 5:00 p.m. and returned .to regular session at
5:40 p.m.
MOTION: Councilmember Borchard moved the meeting be adjourned. The motion
was seconded by Councilmember Leage and unanimously carried. (5-0)
The meeting adjourned at 5:40 p.m.
11
® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — MAY 10, 2011
VETERANS MEMORIAL HALL - 6:00 P.M.
Mayor Yates called the -meeting to order at 6:00 p.m
PRESENT: William Yates
Mayor
Carla Borchard
Councilmember
Nancy Johnson
Councilmember
George Leage
Councilmember
Noah Smukler
Councilmember
STAFF: Andrea Lueker .
City Manager
Robert Schultz
City Attorney
Bridgett Kessling
City Clerk
Damaris Hanson
Engineering Technician III
Susan Lichtenbaum
Harbor Business Manager
Rob Livick
Public Services Director
Tim Olivas
Police Chief
Mike Pond
Fire Chief
Kathleen Wold
Planning Manager
Joe Woods
Recreation & Parks Director
®
ESTABLISH QUORUM AND CALL TO ORDER
MOMENT OF SILENCE
PLEDGE OF ALLEGIANCE
MAYOR AND COUNCIL MEMBERS REPORTS,
ANNOUNCEMENTS &
PRESENTATIONS
CLOSED SESSION REPORT - City Attorney Robert Schultz reported the City Council
met in Closed Session, and no reportable action under the Brown Act was taken:
11
PUBLIC COMMENT
Bob Gayle, Met Life Bank, reviewed the. reverse mortgage home loans that are offered by
Met Life Bank.
Christine Johnson, President of Friends of the Library, announced an Open House at the
Morro Bay Wine Cellar on May 13`s which 20% of the proceeds for that evening go
towards the library; and, a library book sale which will be held at the Community Center on
May 14a'.
John Solu demonstrated how different boards and organizations in Morro Bay tend to
promote tourism in various ways and said it needs to be redirected. He also reviewed fees
that are paid by the Morro Bay Tourism Business Improvement District.
Pj
® MINUTES - MORRO. BAY CITY COUNCIL
REGULAR MEETING — MAY 10, 2011
Gary Hixon announced his shows that air on a local television channel, and that he will be
performing in some local plays.
Bill Martony referred to the Navy off-loading facility property on Zanzibar Street and
noted the City did have correspondence on file with the U.S. Government regarding this
property.
Barry Branin stated the JPA meeting agenda for Thursday, May 12`s is on the website
CWWMB.INFO "Citizens for a More Affordable Waste Water Treatment Plant in Morro
Bay." He said this website is a place where people can share ideas on this issue.
David Nelson referred to the initiative on the power plant as well as the 2010 initiative
regarding the ban on medical marijuana dispensaries in Morro Bay. He said Council's
action at the April 26 s meeting regarding medical marijuana dispensaries went against the
majority vote of the citizens in Morro Bay and was an embarrassment of the democratic
process.
John Weiss referred to Item D-I (Draft Sign Ordinance) stating there may be some need for
outreach, and he hopes Council will work with the businesses in the City regarding this
® issue.
El
Betty Winholtz asked when Council will be reviewing the fiscal year budget; she's
interested in the Harbor budget especially with the recent improvements on the
Embarcadero. She addressed Item D-1 and expressed concern that there was a meeting held
without public notice to discuss this issue. Ms. Winholtz referred to new generators being
installed at the power plant, and asked if a permit from the City was issued and what
impact will this have on the outfall lease.
John Barta addressed Item D-1 stating the Planning Commission spent several years
reviewing the City's Sign Ordinance in great detail prior to 2004. He requested Council
acknowledge the different districts in the City which have various signage needs.
Liz Bednorz, Beach House Bistro, addressed Item D-I and requested Council considers the
different signage needs of the businesses in various parts of the City.
Andreas Model, Pedals and Paddles, announced he opened a new store in Morro Bay that
carries bikes and kayaks.
Garry Johnson expressed concern over the negative publicity received by a Councilmember
for not attending a recent JPA meeting but instead going to Washington DC and meeting
with City representatives.
3
® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING —MAY 10, 2011
Barbara Doerr addressed Item D-1 and stated although she does not like sandwich board
signs, sometimes they are needed to promote business.
Susan Stewart gave an update on the Community Promotions Committee, including: the
transition with the new advertising agency, review of the Community Promotions,
Committee By -Laws, consideration of working with a film commission, and streamlining
the process with the Tourism Business Improvement District Advisory Board.
Mayor Yates closed the hearing for public comment.
Mayor Yates called for a break at 6:52 p.m.; the meeting resumed at 7:05 p.m.
A. CONSENT CALENDAR
Unless an item is pulled for separate action by the City Council, the following actions are
approved without discussion.
A-1 APPROVAL OF MINUTES FOR THE REGULAR CITY COUNCIL MEETINGS
OF APRIL 12, 2011 AND APRIL 26, 2011; (ADMINISTRATION)
® RECOMMENDATION: Approve as submitted.
A-2 UPDATE ON CURRENT LEGISLATIVE BILLS PENDING IN
SACRAMENTO AND REPORT ON CALIFORNIA LEGISLATIVE
ACTION DAYS; (CITY ATTORNEY)
RECOMMENDATION: Review the report, and if there are any pending
Legislative Bills that are of interest or concern, discuss them with the City
Attorney.
A-3 ACCEPTANCE OF OFFERS OF DEDICATION FOR PROJECTS LOCATED AT
962 PINEY WAY (ST. TIMOTHY'S) AND 1478 QUINTANA ROAD (ROCK
HARBOR CHRISTIAN FELLOWSHIP); (PUBLIC SERVICES)
RECOMMENDATION: Adopt Resolution No. 34-11 accepting the Offer of
Dedication for public pedestrian easement purposes for 962 Piney Way; and,
adopt Resolution No. 31-11 for Right of Way and Utility Easement purposes
for 1478 Quintana Road.
I,
® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING —MAY 10, 2011
A4 AWARD OF MARKETING CONTRACT TO BARNETT COX;
(ADMINISTRATION)
RECOMMENDATION: This item has been pulled from the agenda.
A-5 PROCLAMATION DECLARING MAY 2011 AS "NATIONAL DROWNING
PREVENTION MONTH'; (ADMINISTRATION)
RECOMMENDATION: Adopt Proclamation.
A-6 PROCLAMATION DECLARING THE WEEK OF MAY 15 — 21, 2011 AS
"POLICE WEEK"; (POLICE)
RECOMMENDATION: Adopt Proclamation.
Councilmember Borchard pulled Item A-1 from the Consent Calendar.
MOTION: Councilmember Borchard moved the City Council approve the Consent
is Calendar with the exception of Item A-1. The motion was seconded by
Councilmember Johnson and carried unanimously. (5-0)
1
A-1 APPROVAL OF MINUTES FOR THE REGULAR CITY COUNCIL MEETINGS
OF APRIL 12, 2011 AND APRIL 26, 2011; (ADMINISTRATION)
Councilmember Borchard requested a correction to the minutes of April 26, 2011, page 7
as follows:
MOTION: Councilmember Smukler moved the City Council direct staff to initiate an
amendment to the zoning ordinance that will give a better management
policy for location of the potential medicinal marijuana dispensaries. The
motion was seconded by Councilmember Berehard Johnson:
Mayor Yates stated he will not support this motion.
VOTE: The motion failed with Councilmember Borchard Johnsen,
Councilmember Leage and Mayor Yates voting no. (2-3)
MOTION: Councilmember Borchard moved the City Council approve Item A-1 of the
Consent Calendar as amended. The motion was seconded by Mayor Yates
and carried unanimously. (5-0)
5
® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING —MAY 10, 2011
B. PUBLIC HEARINGS. REPORTS & APPEARANCES
B-1 REQUEST FOR APPROVAL TO CONSTRUCT A 23-UNIT COMMUNITY
HOUSING PROJECT WITH EXCEPTIONS AND ASSOCIATED
ENVIRONMENTAL DOCUMENTS LOCATED AT 2400 MAIN STREET (UPO-
086, CPO-130, SOO-048); (PUBLIC SERVICES)
Planning Manager Kathleen Wold stated the project consists of the construction of a 23-unit
community housing project on individual lots clustered in seven groups and one lot for common
access, landscaping and general common area. The proposed project seeks exceptions for the
following: interior yard setbacks between units, lot coverage, lot size, reduced open space, reduced
parking and the commercial requirement for mixed -use (commercial/residential) area "F". The
proposal includes the provision of 2.3 units of affordable housing to meet the City's inclusionary
requirements with two affordable units at the moderate rate and the .3 unit to be provided via the
City's in -lieu fee program. As designed, the proposed residential. development requires multiple
exceptions to City standards including by not limited to elimination of commercial uses, reduced
common open space, zero -setbacks between units, reduction of parking stalls below the minimum
requirement. Ms. Wold recommended the City Council conditionally approve the Tentative
® Subdivision Map (SOO-048), Use Permit (UPO-086) and Coastal Development Permit (CPO-130)
subject to the Findings contained in the Exhibits and Conditions of Approval provided in the staff
report.
Cathy Novak, representing the applicant, stated this project is zoned MCR/R-4 with the
North Main Street Specific Plan Overlay; which means a project can be a mixed
commercial residential or high density residential project. The project proposes a zero lot
line concept, and the townhouse design will have a small air space between units and
ownership of the ground below. The project as proposed has a total of 24 lots. There are 23
individual lots that vary in size from 925 sq. ft. to approximately 2,500 sq. ft. and the 24`s
lot is the access and common open area. The Compact In -Fill Development requires a
minimum of 1,500 sq. ft. while the Community Housing does not specifically address this.
The project design has the ability to eliminate the 24`s lot and by doing so, each lot would
then meet the standard (this would create the need for multiple easements for access and
maintenance and would become very difficult for each of the owners.) The project has
been designed with roofline variations and open space between the building clusters. There
are no regulations that protect private views but, there are codes in place to protect public
views in the scenic areas. The parking requirements for the Community Housing and the
Compact In -Fill Development are different. Under the Community Housing standard the
project as modified by the Planning Commission has 9 more spaces on -site than required.
Under the Compact In -Fill Development standard, the project is 3 spaces short of the
requirement. The applicant agrees with the Planning Commission and believes there is
adequate parking on -site to accommodate the units. The code requires a 50% commercial
® component; there are regulations and policies that allow for an exception to this standard.
3
® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — MAY 10, 2011
Ms. Novak stated as an incentive to provide affordable housing, the Council may grant an
exception to the standard. There are General Plan and Housing Element Policies that
support a 1001/6 residential project. She said the North Main Street Specific Plan states,
more than once in the document, that "The MCR Zone allows retail and service
commercial uses, mixed commercial and residential or exclusive residential use". Ms.
Novak noted the traffic; parking and visual impact on a project with 50% commercial
would be more significant than 100% residential. She requested Council look at the overall
objectives and intent of the General Plan, Housing Element and other City policies. Ms.
Novak stated the community is benefiting from this project in many ways and therefore the
exceptions the applicant is requesting are reasonable and should be supported as designed
and reiterated it is impossible for.a project such as this to meet the City codes without
requesting any exceptions. She noted the applicant is supportive of the project conditions as
recommended by the Planning Commission and requested the City Council's support.
Mayor Yates opened the hearing for public comment.
Liz Bednorz expressed concern with this proposed housing project stating this part of town
is getting overly congested with compact housing. She asked why approve to build more
® housing when there are already so many houses on the market for sale.
David Nelson stated this proposed project has many deficiencies in City policies. He said
this is a commercially -zoned lot which a hotel could be built that would collect transient
occupancy tax for the City. Mr. Nelson stated this proposed project is going to create a
congested ugly neighborhood.
Conrad Michel stated he submitted a petition to the Planning Commission in opposition to
this proposed project, which was also submitted to the City Council along with an
addendum. He said a proposed project has to be compatible and blend in with the
neighborhood which this project does not. Mr. Michel requested the City Council overturn
this project.
Betty Winholtz requested clarification on the abandonment on a portion of Main Street.
She asked if the 25-foot height limit was based on natural grade. Ms Winholtz asked what
the purpose of the retaining wall was, and where and how high would the wall be. She said
this project does not meet City General Plan and Local Coastal Plan codes. Ms. Winholtz
stated in order to be business friendly this property should remain a commercially -zoned
property.
Mayor Yates closed the hearing for public comment.
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7
® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — MAY 10, 2011
Councilmember Smukler stated there are a lot of concessions being given to this applicant
with not a lot of guarantees being returned. He said he does not like giving away the
commercial usage of this lot which is located on a very scenic and visible area of Highway
One and Main Street. He also expressed concern with the public transportation component.
Councilmember Smukler stated in order to make this a viable project he would like to place
conditions such as addressing resource efficiencies with water retrofitting the toilets and .
irrigation systems; and increase the number of affordable units.
Councilmember Leage stated there are projects needed in this part of North Morro Bay. He
said he would like to see some changes made to this project, noting there are too many
units being proposed. Councilmember Leage stated this property should either be all
commercial or all residential use.
Mayor Yates stated he does not support mixed -use commercial/residential zoning in this
location, and noted the residential use would be appropriate.
Councilmember Johnson stated she would like to see North Morro Bay become a walk -able
community. She said the use of public transportation is important and there should be a
® bus stop with a covered bench and trash can near this location. Councilmember Johnson
stated infill development is better than building up on the beautiful green His within the
City. She said the one -bedroom units should be built within one year, and those funds
should go into the City's Affordable Housing In -Lieu Fund.
l
Councilmember Borchard stated commercial uses have struggled to stay viable in the
recent economy. She said she would rather place the funds from the smaller units into the
City's Affordable Housing In -Lieu Fund, which could assist with low-income housing in
the future. Councilmember Borchard stated she would prefer the project offer 2.5 units in
value of affordable housing to go into the fund. She said she would like pavers to be used
in the common area. Councilmember Borchard stated she supports a residential project in
this area.
Mayor Yates called for a break at 8:41 p.m.; the meeting resumed at 8:57 p.m.
Councilmember Leage stated he would like the proposed retaining wall on Bonita Street to
be made more aesthetically pleasing, reduce the amount of units and add more parking.
Councilmember Smukler stated conditions need to be made on the density of this project
by reducing the size of some of the units that will increase parking and open space of the
project.
E
® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — MAY 10, 2011
Councilmember Johnson stated she would support a reduction in square footage of the
larger units by a specific amount. She would also support giving the applicant the option of
paying 2.5% towards affordable housing or deed restricting the two affordable housing
units:
Mayor Yates stated the parking spaces should go with the property or it should be the
equivalent of guest parking. He said he agrees the retaining wall on Bonita Street should
be reconfigured to be more appealing to the neighborhood.
Councilmember Borchard stated by reducing the square footage of the four larger units
would add three more parking spaces.
MOTION: Councilmember Borchard moved the City Council approve the construction
of a 23-unit community housing project with exceptions and associated
environmental documents located at 2400 Main Street, Tentative Subdivision
Map (SOO-048), Use Permit (UPO-086) and Coastal Development Permit (CPO-
130). with the additional conditions: 1) type of landscape and fagade
® articulation on the Bonita Street side of the project; 2) add an additional
three (3) parking spaces of approximately 600 square feet and
approximately 600 square feet of additional open space ; 3) the affordable
housing units to be 2.5, either two (2) units on -site at moderate rate and half
(5) of a unit paid into the City's Affordable Housing In -Lieu Fund, or the
option of the developer to pay the 2.5 into the Affordable Housing In -Lieu
Fund; and, 4) the project would be built no later than one (1) year from the
date of the first Certificate of Occupancy of the housing project. The
motion was seconded by Councilmember Johnson.
El
Councilmember Smukler requested a condition be added addressing public transportation.
Councilmember Borchard amended her motion to include a larger bike rack on -site;
Councilmember Johnson amended her seconded.
VOTE: The motion carried with Councilmember Leage and
Councilmember Smukler voting no. (3-2)
0
® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — MAY 10, 2011
B-2 INTRODUCTION AND FIRST READING OF ORDINANCE NO. 567
REPEALING, AMENDING AND REENACTING CHAPTER 14.48 OF THE
CITY OF MORRO BAY MUNICIPAL CODE, ENTITLED ILLICIT
DISCHARGE AND STORMWATER MANAGEMENT CONTROL, (PUBLIC
SERVICES)
Public Services Director Rob Livick stated the National Pollutant Discharge Elimination
System (NPDES) permit for Stormwater discharges requires the City to adopt an ordinance
prohibiting illicit discharges with enforcement provisions. The ordinance is required to
include provisions for non-stormwater illicit discharges, animal wastes and stormwater
management control. Since the City's adopted Stormwater Management Plan was adopted
by the City Council and permitted by the Water Board on February 17, 2009, the City has
been implementing the Stormwater Management Plan. One of the implementing measures
required in the Stormwater Management Plan is the Illicit Discharge Ordinance. Mr.
Livick recommended the City Council approve the introduction and first reading of
Ordinance No. 567 entitled Illicit Discharge and Stormwater Management Control by
number and title only.
® Mayor Yates opened the hearing for public comment.
John Barta stated the City is required to pass an ordinance, but it is not required to pass this
Ordinance. He reviewed regulations for different areas noting it is only necessary for
Morro Bay to meet the minimum requirements. He said this Ordinance will create a
problem for future development in the City.
Mayor Yates closed the hearing for public comment.
MOTION: Councilmember Johnson moved the City Council approve the introduction
and first reading of Ordinance No. 567 entitled Illicit Discharge and
Stormwater Management Control by number and title only. The motion was
seconded by Councilmember Smukler.
Councilmember Borchard requested the motion include the amendment that .the
engineering standards meet the minimum rainfall requirements.
Councilmember Johnson accepted the amendment to her motion; Councilmember Smukler
accepted the amendment to his second.
VOTE: The motion carried with Councilmember Leage and Mayor Yates
voting no. (3-2)
0 City Manager Andrea Lueker read Ordinance No. 567 by number and title only.
lul
® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING —MAY 10, 2011
B-3 RESOLUTION NO. 25-11 DECLARING THE INTENTION TO CONTINUE
THE PROGRAM AND ASSESSMENTS FOR THE 2011/12 FISCAL YEAR FOR
THE MORRO BAY TOURISM BUSINESS IMPROVEMENT DISTRICT;
(ADMINISTRATIVE SERVICES)
City Manager Andrea Lueker stated State law requires the City Council to annually renew
business improvement districts and receive annual reports for each fiscal year; those reports
were provided to Council at the April 12`h Council meeting. Ms. Lueker recommended the
City Council hold the public hearing to receive testimony for and/or against the renewal of
the Morro Bay Tourism Business Improvement District, then adopt, reject or amend
Resolution No. 25-11 as appropriate.
Mayor Yates opened the hearing for public comment; there were no comments, and Mayor
Yates closed the hearing for public comment.
MOTION: Councilmember Borchard moved the City Council adopt Resolution No. 25-
® 11 declaring the Intention to Continue the Program and Assessments for the
2011/12 Fiscal Year for the Morro Bay Tourism Business Improvement
District. The motion was seconded by Councilmember Johnson and carried
unanimously. (5-0)
B-4 RESOLUTION APPROVING THE ENGINEERS REPORT AND DECLARING
THE INTENT TO LEVY THE ANNUAL ASSESSMENT FOR THE CLOISTERS
LANDSCAPING AND LIGHTING MAINTENANCE ASSESSMENT DISTRICT;
(RECREATION & PARKS)
Recreation & Parks Director Joe Woods on April 12, 2011, the City Council adopted
Resolution No. 28-11, which initiated the proceedings to levy the annual assessment to
fund the maintenance of the Cloisters Park and Open Space. Additionally, staff was
directed to have an Engineer's Report prepared, detailing the estimated annual assessment
for the parcel owners for fiscal year 2011/12. Upon adoption of Resolution No. 32-11, the
next and final step in the annual levy of assessment process is the protest hearing/public
hearing after which the City Council actually orders the levy of assessment. Mr. Woods
recommended the City Council adopt Resolution No. 32-11 declaring the intent to levy the
annual assessment for the maintenance of the Cloisters Park and Open Space and approving
the Engineers Report.
Mayor Yates opened the hearing for public comment.
Robert Bacon showed pictures of landscaping in Cloisters Park and Open Space noting
® weeds shown in 2010 are still there in 2011.
11
® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING —MAY 10, 2011
Dawn Beattie stated the homeowners would like to have a meeting with staff regarding the
assessment prior to it being levied.
Mayor Yates closed the hearing for public comment.
Mayor Yates stated after receiving numerous complaints from residents and driving
through the Cloisters to view the Park and Open Space, he is going to stop supporting this
assessment. He noted this decision is made after many years of receiving the same
complaints and he has lost patience with this assessment. Mayor Yates stated he is not in
favor of this type of assessment in general because he does not pay an assessment for the
use of parks throughout the City.
Councilmember Smukler stated the Recreation & Parks Department has had to make some
changes due to depleted resources and an increase in costs. He said there are going to be
higher costs due to the age of the landscape and to maintain the quality of the area.
MOTION: Councilmember Smukler moved the City Council adopt Resolution No. 32-11
® declaring the intent to levy the annual assessment for the maintenance of the
Cloisters. Park and Open Space and approving the Engineers Report. The
motion was seconded by Councilmember Borchard.
VOTE: The motion failed with Councilmember Johnson, Councilmember
Leage and Mayor Yates voting no. (2-3)
Council discussed the ramification of the motion.
City Attorney Robert Schultz recommended the City Council approve Resolution No. 32-11;
give staff 30 days to meet with homeowners of Cloisters to discuss the needs of the
assessment district; and, consider giving staff six months with perhaps a six month extension
before eliminating the assessment district.
Mayor Yates reiterated staff has 30 days before the final assessment comes before Council,
and must show some evidence to gain his support.
MOTION: Mayor Yates moved the City Council reconsider the Resolution Approving the
Engineers Report and Declaring the Intent to Levy the Annual Assessment for
the Cloisters Landscaping and Lighting Maintenance Assessment District. The
motion was seconded by Councilmember Leage and carried unanimously. (5-0)
12
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING —MAY 10, 2011
MOTION: Councilmember Smukler moved the City Council adopt Resolution No. 32-11
declaring the intent to levy the annual assessment for the maintenance of the
Cloisters Park and Open Space and approving the Engineers Report; and,
direct staff to move forward with communications with the homeowners of
Cloisters to develop priorities and plans for the maintenance of this
assessment district. The motion was seconded by Councilmember Johnson
and carried unanimously. (5-0)
B-5 RESOLUTION APPROVING THE ENGINEERS REPORT AND DECLARING
THE INTENT TO LEVY THE ANNUAL ASSESSMENT FOR THE NORTH
POINT NATURAL AREA LANDSCAPING AND LIGHTING MAINTENANCE
ASSESSMENT DISTRICT; (RECREATION & PARKS)
Recreation & Parks Director Joe Woods stated on April 12, 2011, the City Council adopted
Resolution No. 29-11, which initiated the proceedings to levy the annual assessment to
fund the maintenance of the North Point Natural Area. Additionally, staff was directed to
have an Engineer's Report prepared, detailing the estimated annual assessment for the
parcel owners for fiscal year 2011/12. Upon adoption of Resolution No. 33-11, the next
® and final step in the annual levy of assessment process is the protest hearing/public hearing
after which the City Council actually orders the levy of assessment. Mr. Woods
recommended the City Council adopt Resolution No. 33-11 declaring the intent to levy the
annual assessment for the maintenance of the North Point Natural Area and approving the
Engineers Report.
Mayor Yates opened the hearing for public comment.
Taylor Newton stated as a landscaper there are inefficiencies in the landscape scheme at the
North Point Natural Area.
Mayor Yates closed the hearing for public comment.
MOTION: Mayor Yates moved the City Council adopt Resolution No. 33-11 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 Leage and carried unanimously. (5-0)
C. UNFINISHED BUSINESS — NONE.
D. NEW BUSINESS
D-1 DRAFT SIGN ORDINANCE, (PUBLIC SERVICES)
® This item was continued to the May 24, 2011 City Council meeting as a public hearing.
13
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — MAY 10, 2011
E. DECLARATION OF FUTURE AGENDA ITEMS
Councilmember Smukler requested to agendize a discussion on the toilet retrofit program;
Council concurred.
ADJOURNMENT
The meeting adjourned at 10:28 p.m.
Recorded by:
Bridgett Kessling
City Clerk
n
El
14
® City of Morro Bay
City Council Agenda
Afcssion 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 — TUESDAY, APRIL 26, 2011
VETERANS MEMORIAL HALL - 6:00 P.M.
209 SURF ST., MORRO BAY, CA
ESTABLISH QUORUM AND CALL TO ORDER
MOMENT OF SILENCE
PLEDGE OF ALLEGIANCE
MAYOR AND COUNCILMEMBERS ANNOUNCEMENTS & PRESENTATIONS
® CLOSED SESSION REPORT
PUBLIC COMMENT PERIOD - Members of the audience wishing to address the
Council on City business matters (other than Public Hearing items under Section B) may
do so at this time.
To increase the effectiveness of the Public Comment Period, the following rules shall be
followed:
• When recognized by the Mayor, please come forward to the podium and state
your name and address for the record. Comments are to be limited to three
minutes.
• All remarks shall be addressed to Council, as a whole, and not to any
individual member thereof.
• The Council respectfully requests that you refrain from making slanderous,
profane or personal remarks against any elected official, commission and/or
staff.
• Please refrain from public displays or outbursts such as unsolicited applause,
comments or cheering.
• Any disruptive activities that substantially interfere with the ability of the City
Council to carry out its meeting will not be permitted and offenders will be
requested to leave the meeting.
® • Your participation in City Council meetings is welcome and your courtesy
will be appreciated.
® In compliance with the Americans with Disabilities Act, if you need special assistance to
participate in this meeting, please contact the City Clerk, (805) 772-6205. Notification 24
hours prior to the meeting will enable the City to make reasonable arrangements to ensure
accessibility to this 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 QUARTERLY FINANCIAL STATUS REPORT FOR THE FISCAL YEAR
ENDED MARCH 31, 2011; (ADMINISTRATIVE SERVICES)
RECOMMENDATION: Accept the report as presented.
A-2 RECIPROCAL AGREEMENT TO PARTICIPATE IN THE FRANCHISE TAX
BOARD'S CITY BUSINESS TAX PROGRAM; (PUBLIC SERVICES)
RECOMMENDATION: Adopt Resolution No. 30-11 reaffirming the City's
participation in the Franchise Tax Board City Business Tax Program.
A-3 PROCLAMATION DECLARING MAY 2011 AS "BIKE MONTH" AND
is (ADMINISTRATION)
16 TO MAY 20, 2011 AS "BIKE TO WORK AND SCHOOL WEEK";
(ADMINISTRATION)
u
RECOMA'IENDATION: Adopt Proclamation.
A-4 PROCLAMATION DECLARING MAY 2011 AS "NATIONAL TOURISM
MONTH"; (ADMINISTRATION)
RECOMMENDATION: Adopt Proclamation.
B. PUBLIC HEARINGS. REPORTS & APPEARANCES
B-I CONSIDERATION OF AN AMENDMENT TO MORRO BAY MUNICIPAL
CODE TITLE 5 ADDING CHAPTER 5.50 ESTABLISHING REGULATIONS
AND PROCEDURES ENTITLED "MEDICAL MARIJUANA COLLECTIVES
AND COOPERATIVES'; (CITY ATTORNEY)
RECOMMENDATION: Open for public testimony; review, and direct stab
accordingly.
C. UNFINISHED BUSINESS
ra
® D. NEW BUSINESS
D-1 ENFORCEMENT OF REGULATIONS PROHIBITING A -FRAME SIGNS;
(CITY COUNCIL)
RECOMMENDATION: Immediate enforcement of Morro Bay Municipal Code
Section 17.68.030 prohibiting A -frame signs and rescinding the A -frame sign
exception.
D-2 ANNUAL REVIEW OF HARBOR LEASE SITE BUSINESSES; (HARBOR)
RECOMMENDATION: Consider the annual review of Harbor Lease Site
Businesses.
D-3 DISCUSSION OF A BIKE RACKS WITH DEDICATION PLAQUES
PROGRAM; (PUBLIC SERVICES)
RECOMMENDATION: Discuss a Bike Rack with Commemorative Plaque
Dedication, and provide direction to staff.
E. DECLARATION OF FUTURE AGENDA ITEMS
F. ADJOURNMENT
® THIS AGENDA IS SUBJECT TO AMENDMENT UP TO 72 HOURS PRIOR TO
THE DATE AND TIDUE 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.
Ci
MATERIALS RELATED TO AN ITEM ON THIS AGENDA SUBMITTED TO
THE CITY COUNCIL AFTER DISTRIBUTION OF THE AGENDA PACKET
ARE AVAILABLE FOR PUBLIC INSPECTION AT CITY HALL LOCATED AT
595 HARBOR STREET; MORRO BAY LIBRARY LOCATED AT 625 HARBOR
STREET; AND MILL'S COPY CENTER LOCATED AT 495 MORRO BAY
BOULEVARD DURING NORMAL BUSINESS HOURS.
3
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — APRIL 26, 2011
VETERANS MEMORIAL HALL - 6:00 P.M.
Mayor Yates called the meeting to order at 6:00 p.m
PRESENT: William Yates
Mayor
Carla Borchard
Councilmember
Nancy Johnson
Councilmember
George Leage
Councilmember
Noah Smukler
Councilmember
STAFF: Andrea Lueker
Robert Schultz
Bridgett Kessling
Eric Endersby
Susan Lichtenbaum
Rob Livick
Tim Olivas
Mike Pond
Susan Slayton
Joe Woods
City Manager
City Attorney
City Clerk .
Harbor Operations Manager
Harbor Business Manager
Public Services Director
Police Chief
Fire Chief
Administrative Services Director
Recreation & Parks Director
® ESTABLISH QUORUM AND CALL TO ORDER
MOMENT OF SILENCE
PLEDGE OF ALLEGIANCE
MAYOR AND COUNCIL MEMBERS REPORTS, ANNOUNCEMENTS &
PRESENTATIONS
CLOSED SESSION REPORT — there was no Closed Session agenda.
PUBLIC COMMENT
Craig Schmidt, Morro Bay Chamber of Commerce, announced the Morro Bay Kite
Festival will be held this coming weekend, April 30`s — May 1`. He also announced May
is designated as National Tourism Month.
Cathy Weaver, owner of Undercover Shop, stated her store is located at 895 Embarcadero
and invited everyone to come see her shop.
Andrea Klipfel announced Relay for Life will be held on August 61s and 7s at Morro Bay
High School; an informational/team captain meeting will be held on May 10t° at 6:00 p.m.
at the Embarcadero Grill. She noted at this time there are 12 teams that have signed up to
participate.
Garry Johnson stated there will be two professional photographers available at the
Chamber of Commerce to show people how to take pictures of kites at the Kite Festival.
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — APRIL 26, 2011
Stan Trapp expressed support for Item D-1 (Enforcement of Regulations Prohibiting A -
frame Signs) stating the A -frame signs have become pollutants on the Embarcadero, and
he thanked Council for considering the alternative of pub signs which are more appealing
and effective.
Bill Shewcheck addressed Item D-1 stating he counted 39 A -frame signs on the
Embarcadero and 22 in North Morro Bay. He said being in an upper level store, there is
no other way to attract customers into a business. Mr. Shewcheck stated he followed City
policy for his sign but did not receive a permit.
Bill Martony referred to the 10-acre surplus property on Yerba Buena Street and
recommended the City consider this property for the City's Wastewater Treatment Plant.
Gay Skivalaskis, representing San Luis Obispo County Regional Ride Share, expressed
appreciation for Council's consideration of Item A-3 (Proclamation Declaring May 2011
as "Bike Month" and May 16 to May 20, 2011 as "Bike to Work and School Week"). She
reviewed activities and workshops that will take place during the month of May to
celebrate "Bike Month."
® Amy Burton stated Del Mar Elementary School will be celebrating Bike Week and
encouraging students to ride their bikes to school during that week; they will also be
entering the Morro Bay 4a' of July Bike Parade. She said biking provides benefits for the
individual as well as a positive impact on the City as a whole.
John Diodati stated due to action taken by Council on April 12, 2011, he is resigning his
position on the Planning Commission immediately.
Barry Brannon announced a website labeled www.cwwmb.info regarding Citizens for an
Affordable Wastewater Treatment Plant for Morro Bay; this website will allow for
citizens input.
Liz Bednorz, owner of Beach House Bistro, referred to Item D-1 and expressed the
importance of A -frame signs in North Morro Bay and requested Council's consideration
of these businesses when reviewing this item.
Christopher Rocci suggested placing a board in front of buildings with several businesses
listing each business in place of A -frame signs.
Laura Rapsinski, owner of Harbor Floral, referred to Item D-1 and said A -frame signs are
an inexpensive way to advertise.
® Allen Rackov referred to Item D-1 and said his business is in a location that is hard to find
and it is important to have an A -frame sign to direct customers to his business.
2
® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — APRIL 26, 2011
Ken Vesterfelt stated the first Emergency Vehicle Show was a great success. He
announced the Cruisin' Morro Bay Car Show will be held May 6-8'h. He referred to Item
D-1 stating A -frame signs are blight in the City.
Tracy Neil Shewcheck of Virg's Landing, referred to Item D-1 and said A -frame signs are
sometimes necessary to direct customers to businesses.
Susan Stewart stated business owners are concerned with promoting their businesses and
should be given alternatives regarding signage.
Mayor Yates closed the hearing for public comment.
A. CONSENT CALENDAR
Unless an item is pulled for separate action by the City Council, the following actions are
approved without discussion.
A-1 QUARTERLY FINANCIAL STATUS REPORT FOR THE FISCAL YEAR
is
ENDED MARCH 31, 2011; (ADMINISTRATIVE SERVICES)
RECOMMENDATION: Accept the report as presented.
A-2 RECIPROCAL AGREEMENT TO PARTICIPATE IN THE FRANCHISE TAX
BOARD'S CITY BUSINESS TAX PROGRAM; (PUBLIC SERVICES)
RECOMMENDATION: Adopt Resolution No. 30-11 reaffirming the City's
participation in the Franchise Tax Board City Business Tax Program.
A-3 PROCLAMATION DECLARING MAY 2011 AS `BIKE MONTH" AND
MAY 16 TO MAY 20, 2011 AS "BIKE TO WORK AND SCHOOL WEEK";
(ADMINISTRATION)
RECOMMENDATION: Adopt Proclamation.
A-4 PROCLAMATION DECLARING MAY 2011 AS "NATIONAL TOURISM
MONTH"; (ADMINISTRATION)
RECOMMENDATION: Adopt Proclamation.
Councilmember Borchard pulled Item A-1 from the Consent Calendar.
3
® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — APRIL 26, 2011
MOTION: Councilmember Johnson moved the City Council approve the Consent
Calendar with the exception of Item A-1. The motion was seconded by
Councilmember Borchard and carried unanimously. (5-0)
A-] QUARTERLY FINANCIAL STATUS REPORT FOR THE FISCAL YEAR
ENDED MARCH 31, 2011; (ADMINISTRATIVE SERVICES)
Councilmember Borchard requested clarification relating to issues on transit, Measure Q
funds and risk management. Administrative Services Director Susan Slayton responded to
Councilmember Borchard's questions.
MOTION: Councilmember Borchard moved the City Council approve Item A-1 of the
Consent Calendar. The motion was seconded by Councilmember Smukler
and carried unanimously. (5-0)
Mayor Yates called for a break at 6:55 p.m.; the meeting resumed at 7:10 p.m.
® B. PUBLIC HEARINGS. REPORTS & APPEARANCES
B-1 CONSIDERATION OF AN AMENDMENT TO MORRO BAY MUNICIPAL
CODE TITLE 5 ADDING CHAPTER 5.50. ESTABLISHING REGULATIONS
AND PROCEDURES ENTITLED "MEDICAL MARIJUANA COLLECTIVES
AND COOPERATIVES'; (CITY ATTORNEY)
City Attorney Robert Schultz stated at the March 8, 2011 Council meeting, the entire
Council was concerned with the recently elected SLO County Sheriff's position on
medical marijuana enforcement and the longstanding inconsistencies between state and
federal law. The SLO County Sheriff's Department is still in the process of developing
their position in regard to medical marijuana enforcement and is also preparing new
guidelines. The draft ordinance attempts to best suit the scale of Morro Bay by providing
the possibility of two medical marijuana dispensaries under specific circumstances and a
detailed permitting process. Mr. Schultz recommended the City Council review the draft
ordinance and directs the City Attorney on how to proceed.
Mayor Yates opened the hearing for public comment.
Ken Vesterfelt requested the City does its homework regarding regulations on this issue
0
E
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — APRIL 26, 2011
Rich Donald - Chairman of Americans for Safe Access of San Luis Obispo County, stated
the proposed ordinance puts all responsibility to justify the safety and legal compliance of
a dispensary on the applicant; it is then reviewed and accepted or rejected by the City
Council. He said the Council should consider the vote of the people by moving forward
and approving the first reading and introduction of this ordinance.
John Stephens — Go Green Compassionate Care Collective in Grover Beach, stated he
would like to open a Go Green Caf6 in Morro Bay that creates holistic healing where
cannabis comes into play.
Catherine Ford - San Luis Obispo, stated she is a medical marijuana cardholder, and
explained that due to injuries sustained in an accident, she use to take several prescription
drugs that caused side affects; now she uses medical marijuana which has eliminated those
side effects. She said she would like to be able to purchase medical marijuana legally, and
Santa Barbara is the closest dispensary at this time.
Lauren Stephens — Go Green Compassionate Care Collective in Grover Beach, stated it is
important to be able to provide this service to those who are in need of a natural medical
remedy.
Bill Martony asked for clarification on the selection process and location for a business
that may produce a large amount of money.
Brandon Morris — Santa Barbara, stated dispensaries are required to be non-profit
organizations. He quoted citations relating to the legality of medical marijuana
dispensaries. Mr. Morris stated the City is within the State of California and should
follow state law.
Rick Morris — Fresno, stated the proposed ordinance should include regulations for
preparation of edible cannabis product, as well as delivery services and doctor
verifications. He said he would like the inspection of dispensaries to be taken away from
public safety and have it inspected by public health.
Roger Ewing — Morro Bay, noted the majority of speakers on this issue are from out of
town. He stated it was the citizens that made this happen and Morro Bay demonstrates
their commitment to compassion and caring for their fellow citizens. Mr. Ewing stated it
is easy to regulate the implementation of this ordinance to the point where it takes forever
to receive the benefits of medical marijuana vs. the toxicity of pharmaceutical drugs.
Mike Mudget — Fresno, stated those from out of town are bringing their experience to
Morro Bay.
9
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — APRIL 26, 2011
Pete Weir - Grover Beach, requested the City allow safe access to a medical marijuana
dispensary by approving this ordinance.
Wanda Durick — Morro Bay, reviewed an experience that she and her husband witnessed
from outside the previous dispensary that was obviously from someone purchasing
marijuana that was not for medicinal purposes.
Taylor Newton — Morro Bay, expressed the importance of acknowledging people's
"rights" on issues such as medical marijuana.
Jim Pauley — Morro Bay, stated as a citizen of Morro Bay he is opposed to marijuana
being sold in Morro Bay.
Curt Ashman — San Clemente, stated the City is being very forward thinking with the
consideration of this issue. He said the City Attorney has done a thorough job on this
ordinance.
Michael Durick — Morro Bay, stated the voters of Morro Bay voted against a ban of a
® medical marijuana dispensary, but not for a medical marijuana dispensary. He also
referred to the number of out -of --town speakers vs. Morro Bay speakers who addressed
Council on this issue. Mr. Durick stated it is the City Council's responsibility to protect its
citizens, and to uphold the Constitution of the United States. He said Council is dealing
with the distribution of a Schedule 1 illegal narcotic under federal law. Mr. Durick stated
he would have no problem if this drug was prescribed by a doctor and issued by a
legitimate pharmacist at a pharmacy, but not at a dispensary.
Eli Compast — Morro Bay, stated there appears to be a fear of abuse in bringing a medical
marijuana dispensary in town. He said misinformation is the biggest problem and people
need to educate themselves on the benefits of this drug.
Mayor Yates closed the public comment hearing.
Mayor Yates stated the people voted not to ban dispensaries in Morro Bay, and based on
that he will vote in support of this ordinance. He said he will not support a medical
marijuana dispensary being placed on the main corner of the downtown area, and
expressed concern with the location of these dispensaries.
MOTION: Councilmember Leage moved the City Council forbid any medical
marijuana dispensaries to be placed in the City of Morro Bay.
The motion died for lack of a second.
r1
U
R
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — APRIL 26, 2011
Councilmember Borchard referred to the staff report that states: "Under current federal
law however, the use, sale or possession of marijuana, whether medically prescribed or
not, is still unlawful and carries significant criminal penalties." She said she is not
supportive of this ordinance.
Councilmember Smukler stated the goal in Morro Bay is safe access. He said the best
option is to follow the ordinance prepared by the City Attorney, fine tune it along the
process, and pursue the zoning amendment.
Councilmember Johnson stated the people voted to not ban dispensaries and she agrees
that the best option is to follow the ordinance prepared by the City Attorney, fine tune it
along the process, and pursue the zoning amendment.
MOTION: Councilmember Smukler moved the City Council direct staff to initiate an
amendment to the zoning ordinance that will give a better management
policy for location of the potential medicinal marijuana dispensaries. The
motion was seconded by Councilmember Johnson.
® Mayor Yates stated he will not support this motion.
VOTE: The motion failed with Councilmember Borchard, Councilmember
Leage and Mayor Yates voting no. (2-3)
MOTION: Mayor Yates moved the City Council approve the proposed Ordinance and
bring it back for introduction and first reading.
The motion died for lack of a second.
MOTION: Mayor Yates moved the City Council discontinue further consideration of
medical marijuana dispensaries in Morro Bay. The motion was seconded
by Councilmember Borchard and carried with Mayor Yates and
Councilmember Smukler voting no. (3-2)
Mayor Yates called for a break at 8:30 p.m.; the meeting resumed at 8:50 p.m.
C. UNFINISHED BUSINESS — None.
7
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — APRIL 26, 2011
D. NEW BUSINESS
D-1 ENFORCEMENT OF REGULATIONS PROHIBITING A -FRAME SIGNS;
(CITY COUNCIL)
Mayor Yates stated A -frame signs in Morro Bay, particularly on the Embarcadero, have
become a visual blight, an impediment to pedestrian traffic, and are counter to Council's
on -going efforts to clean up the waterfront. Although it may be controversial with some
business owners, prohibition of these signs is a business friendly move. Mayor Yates
presented photographs of pub signs, which are small signs that overhang the sidewalk, as
an alternative to the A -frame sign. He noted pub signs keep the sidewalk clear while
allowing businesses to promote their business. Mayor Yates recommended the City
Council consider immediate enforcement of Morro Bay Municipal Code Section
17.68.030 prohibiting A -frame signs and rescinding the A -frame sign exception.
Council discussed the A -frame signs located throughout the City; and reviewed alternative
signs, such as pub signs that will attract customers.
MOTION: Councilmember Borchard moved the City Council approve enforcement of
Morro Bay Municipal Code Section 17.68.030 prohibiting A -frame signs
and rescinding the A -frame sign exception with a 30-day time limit. The
motion was seconded by Mayor Yates.
Councilmember Smukler stated he will not support this motion because more thought
needs to be given to the North Main Street businesses.
VOTE: The motion carried with Council member Smukler voting no. (4-1)
D-2 ANNUAL REVIEW OF HARBOR LEASE SITE BUSINESSES; (HARBOR)
Harbor Business Manager Sue Lichtenbaum stated the City manages the Tidelands
Granted properties on the west side of the Embarcadero under lease agreements. The
leases are made in accordance with State Tidelands policies. Following the severe
recession that started in 2008, the City has taken action on two separate occasions aimed
at supporting businesses and preventing vacancies on the Embarcadero Lease Sites. Ms.
Lichtenbaum recommended the City Council consider the annual review of Harbor
Lease Site businesses and to consider implementation of a monthly rental payment for
Harbor Lease Sites for the next two fiscal years.
9
® MOTION: Mayor Yates moved the City Council direct the Harbor Business Manager
I� bring back a resolution implementing a monthly rental payment to the City
for Harbor Lease Sites with a 10% penalty after ten (10) days late with
provisions for default. The motion was seconded by Councilmember
Borchard and carried unanimously. (5-0)
11
C�
D-3 DISCUSSION OF A BIKE RACKS WITH DEDICATION PLAQUES
PROGRAM; (PUBLIC SERVICES)
Public Services Director Rob Livick stated this proposed program can provide needed short-
term bicycle parking. As proposed, the donors would pay for the rack, plaque, installation and
maintenance for a powder -coating of the rack in the future, and donations are tax deductible.
The donation of racks would be subject to the City's donation policies. Bike rack locations
within the public right-of-way or on City property will need to be approved by City staff prior
to installation to insure that the rack does not interfere with pedestrian traffic or parking. Mr.
Livick recommended the City Council discuss the proposed Bike Racks with Dedication
Plaques Program, and direct staff accordingly.
MOTION: Councilmember Smukler moved the City Council direct staff to implement
the Bike Racks with Dedication Plaques Program as proposed. The motion
was seconded by Councilmember Leage and carried unanimously. (5-0)
E. DECLARATION OF FUTURE AGENDA ITEMS — None.
ADJOURNMENT
The meeting adjourned at 9:50 p.m.
Recorded by:
:�
Bridgett eessfing
City Clerk
• City of Morro Bay
City Council Agenda
Mission Statement
The City of Morro Bay is dedicated to the preservation and enhancement of the quality
of life. The City shall be committed to this purpose and will provide a level of
municipal service and safety consistent with and responsive to the needs of the public.
REGULAR MEETING — TUESDAY, APRIL 12, 2011
CLOSED SESSION — TUESDAY, APRIL 12, 2011
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 1 parcel.
Pro e : 5 acre vacant lot at end of Chorro Creek Road
Negotiating Parties: Wakefield and City of Morro Bay.
Negotiations: Lease Terms and Conditions.
IT IS NOTED THAT THE CONTENTS OF CLOSED SESSION MEETINGS
ARE CONFIDENTIAL AND EXEMPT FROM DISCLOSURE.
PUBLIC SESSION — TUESDAY, APRIL 12, 2011
® VETERANS MEMORIAL HALL - 6:00 P.M.
209 SURF ST., MORRO BAY, CA
ESTABLISH QUORUM AND CALL TO ORDER
MOMENT OF SILENCE
PLEDGE OF ALLEGIANCE
MAYOR AND COUNCILMEMBERS ANNOUNCEMENTS & PRESENTATIONS
CLOSED SESSION REPORT
PUBLIC COMMENT PERIOD - Members of the audience wishing to address the
Council on City business matters (other than Public Hearing items under Section B) may
do so at this time.
To increase the effectiveness of the Public Comment Period, the following rules shall be
followed:
• When recognized by the Mayor, please come forward to the podium and state
your name and address for the record. Comments are to be limited to three
minutes.
• All remarks shall be addressed to Council, as a whole, and not to any
® individual member thereof.
• The Council respectfully requests that you refrain from making slanderous,
profane or personal remarks against any elected official, commission and/or
staff.
• Please refrain from public displays or outbursts such as unsolicited applause,
comments or cheering.
• Any disruptive activities that substantially interfere with the ability of the City
Council to carry out its meeting will not be permitted and offenders will be
requested to leave the meeting.
• Your participation in City Council meetings is welcome and your courtesy
will be appreciated.
In compliance with the Americans with Disabilities Act, if you need special assistance to
participate in this meeting, please contact the City Clerk, (805) 772-6205. Notification 24
hours prior to the meeting will enable the City to make reasonable arrangements to ensure
accessibility to this meeting.
A. CONSENT CALENDAR
Unless an item is pulled for separate action by the City Council, the following actions are
approved without discussion.
A-] APPROVAL OF MINUTES FOR THE REGULAR CITY COUNCIL MEETING
® OF MARCH 22, 2011; (ADMINISTRATION)
2
® RECOMMENDATION: Approve as submitted.
A-2 APPROVAL OF RESOLUTION AUTHORIZING THE CITY OF MORRO
BAY TO ENTER INTO VESSEL PUMPOUT INSTALLATION GRANT
CONTRACT WITH THE DEPARTMENT OF BOATING AND
WATERWAYS; (HARBOR)
RECOMMENDATION: Adopt Resolution 24-11 authorizing execution of grant
contract agreement.
A-3 PROCLAMATION DECLARING APRIL 10-16, 2011 AS "CHILDHOOD
CANCER AWARENESS WEEK"
RECOMMENDATION: Adopt Proclamation.
A-4 ADOPTION OF RESOLUTION NO. 26-11 APPROVING A ONE-YEAR
LICENSE AGREEMENT WITH LIMO AND COURTNEY LONG, DOING
BUSINESS AS SOUTH BAY HOOKERS; (HARBOR)
RECOMMENDATION: Adopt Resolution 26-11 approving one-year lease
agreement.
® A-5 ANNUAL REPORTING ON THE MORRO BAY TOURISM BUSINESS
IMPROVEMENT DISTRICT AND SCHEDULING OF A PUBLIC HEARING;
(ADMINISTRATIVE SERVICES)
RECOMMENDATION: Council to acknowledge receipt of the annual report
and budgets, and set the date for the public hearing for the renewal of the
MBTBID on April 26, 2011, and the adoption of Resolution No. 25-11
A-6 APPROVAL OF VEHICLE TRANSFER FROM THE POLICE DEPARTMENT
TO THEPUBLIC SERVICES DEPARTMENT AND ASSOCIATED FUND
TRANSFER; (POLICE)
RECOMMENDATION: Approve vehicle transfer between the Police
Department and the Public Services Department.
B. PUBLIC HEARINGS. REPORTS & APPEARANCES
B-I APPEAL OF PLANNING COMMISSION'S DECISION ON MARCH 2, 2011
TO DENY THE APPEAL OF THE REMOVAL AND REPLACEMENT OF 8
TREES LOCATED IN THE CITY RIGHT OF WAY; (PUBLIC SERVICES)
RECOMMENDATION: Deny appeal of the removal and replacement of 8 trees.
3
® B-2 RESOLUTION NO. 28-11 INITIATING PROCEEDINGS TO LEVY THE
ANNUAL ASSESSMENT FOR THE CLOISTERS PARK AND OPEN SPACE
LANDSCAPING AND LIGHTING MAINTENANCE ASSESSMENT
DISTRICT; (RECREATION & PARKS)
�J
RECOMMENDATION: Adopt Resolution 28-11 ordering the preparation of the
Engineers Report detailing expenses for the maintenance of the Cloisters
Park and Open Space.
B-3 RESOLUTION NO. 29-11 INITIATING PROCEEDINGS TO LEVY THE
ANNUAL ASSESSMENT FOR THE NORTH POINT NATURAL AREA
LANDSCAPING AND LIGHTING . MAINTENANCE ASSESSMENT
DISTRICT; (RECREATION & PARKS)
RECOMMENDATION: Adopt Resolution 29-11 ordering the preparation of the
Engineers Report detailing expenses for the maintenance of the North Point
Natural Area.
B4 REQUEST FOR A USE PERMIT TO ALLOW INSTALLATION OF A DOCK
SYSTEM AND ASSOCIATED FACILITIES AT LEASE SITES
105.1W/105.2W LOCATED AT 1001 FRONT STREET; (PUBLIC SERVICES)
RECOMMENDATION: Approval of CUP #UPO-284 and the adoption of the
Mitigated Negative Declaration for project construction at 1001 Front Street.
B-5 RECOMMENDATION ON THE FUTURE OF THE VISITORS CENTER,
INCLUDING DISCUSSION ON A MARKETING SPECIALIST, AND THE
COMBINING OF THE COMMUNITY PROMOTIONS COMMITTEE (CPC)
AND THE TOURISM BUSINESS IMPROVEMENT DISTRICT (TBID);
(ADMINISTRATION)
RECOMMENDATION: Discuss and approve staff's recommendations for the
Visitors Center as well as the possible combination of the CPC and TBID
Committees.
C. UNFINISHED BUSINESS - NONE
D. NEW BUSINESS
D-1 APPROVAL OF THE SERVICE RETIREMENT INCENTIVE PROGRAM FOR
FISCAL YEAR 2011/12 BUDGET; (ADMINISTRATION)
RECOMMENDATION: Approve the Service Retirement Incentive Program as
presented.
rd
® D-2 RESOLUTION TO APPROVE AMENDMENT #6 TO THE LEASE
AGREEMENT TOR LEASE SITE 87-88/87W-88W, THE OUTRIGGER
RESTAURANT, LOCATED AT 833 EMBARCADERO; (HARBOR)
RECOMMENDATION: Adopt Resolution 27-11 approving Amendment #6 to
the lease agreement for Lease Site 87-88/87W-88W, the Outrigger
Restaurant, located at 833 Embarcadero.
D-3 DISCUSSION OF POLICIES AND PROCEDURES REGARDING ABSENCES
FROM PLANNING COMMISSION; (CITY COUNCIL)
RECOMMENDATION: Require the Planning Commissioner to adhere to the
policies for advisory bodies and meet the attendance requirement or declare
the position vacant.
D4 DISCUSSION OF REALLOCATION OF HARBOR FUNDS FOR THE
EMBARCADERO BANNER PROJECT; (CITY COUNCIL)
RECOMMENDATION: Approve the expenditure of $25,000 from the Harbor
Fund for the purchase of four sets of decorative banners for the
Embarcadero street light poles.
0 E. DECLARATION OF FUTURE AGENDA ITEMS
E
F. 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 772-6201 FOR FURTHER INFORMATION.
MATERIALS RELATED TO AN ITEM ON THIS AGENDA SUBMITTED TO
THE CITY COUNCIL AFTER DISTRIBUTION OF THE AGENDA PACKET
ARE AVAILABLE FOR PUBLIC INSPECTION AT CITY HALL LOCATED AT
595 HARBOR STREET; MORRO BAY LIBRARY LOCATED AT 625 HARBOR
STREET; AND MILL'S COPY CENTER LOCATED AT 495 MORRO BAY
BOULEVARD DURING NORMAL BUSINESS HOURS.
5
MINUTES - MORRO BAY CITY COUNCIL
CLOSED SESSION —APRIL 12, 2011
CITY HALL CONFERENCE ROOM - 5:00 P.M.
Mayor Yates called the meeting to order at 5:00 p.m
PRESENT: William Yates
Mayor
Carla Borchard
Councilmember
Nancy Johnson
Councilmember
George Leage
Councilmember
Noah Smukler
Councilmember
STAFF: Andrea Lueker
City Manager
Robert Schultz
City Attorney
CLOSED SESSION
MOTION: Councilmember Borchard moved the meeting be adjourned to Closed
Session. The motion was seconded by Councilmember Johnson and
unanimously carried. (5-0)
Mayor Yates read the Closed Session Statement.
® CS-1 GOVERNMENT CODE SECTION 54956.8; REAL PROPERTY
TRANSACTIONS. Instructing City's real property negotiator regarding the price
and terms of payment for the purchase, sale, exchange, or lease of real property as
to one (1) parcel.
• Pro e : 5-acre vacant lot at end of Chorro Creek Road
Neszotiatiniz Parties: Wakefield and City of Morro Bay.
Neeotiations: Lease Terms and Conditions.
The meeting adjourned to Closed Session at 5:00 p.m. and returned to regular session at
5:45 p.m.
MOTION: Councilmember Borchard moved the meeting be adjourned. The motion
was seconded by Councilmember Leage and unanimously carried. (5-0)
The meeting adjourned at 5:45 p.m.
11
® MINUTES - MORRO BAY CITY COUNCIL
CLOSED SESSION — APRIL 12, 2011
CITY HALL CONFERENCE ROOM - 5:00 P.M.
Mayor Yates called the meeting to order at 5:00 p.m
PRESENT: William Yates
Mayor
Carla Borchard
Councilmember
Nancy Johnson
Councilmember
George Leage
Councilmember
Noah Smukler
Councilmember
STAFF: Andrea Lueker
City Manager
Robert Schultz
City Attorney
CLOSED SESSION
MOTION: Councilmember Borchard moved the meeting be adjourned to Closed
Session. The motion was seconded by Councilmember Johnson and
unanimously carried. (5-0)
Mayor Yates read the Closed Session Statement.
® CS-1 GOVERNMENT CODE SECTION 54956.8; REAL PROPERTY
TRANSACTIONS. Instructing City's real property negotiator regarding the price
and terms of payment for the purchase; sale, exchange, or lease of real property as
to one (1) parcel.
• Pro e : 5-acre vacant lot at end of Chorro Creek Road
Negotiating Parties: Wakefield and City of Morro Bay.
Negotiations: Lease Terms and Conditions.
The meeting adjourned to Closed Session at 5:00 p.m. and returned to regular session at
5:45 p.m.
MOTION: Councilmember Borchard moved the meeting be adjourned. The motion
was seconded by Councilmember Leage and unanimously carried. (5-0)
The meeting adjourned at 5:45 p.m.
® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — APRIL 12. 2011
VETERANS MEMORIAL HALL - 6:00 P.M.
Mayor Yates called the meeting to order at 6:00 p.m
PRESENT: William Yates
Mayor
Carla Borchard
Councilmember
Nancy Johnson
Councilmember
George Leage
Councilmember
Noah Smukler
Councilmember
STAFF: Andrea Lueker
City Manager
Robert Schultz
City Attorney
Jamie Boucher
Deputy City Clerk
Eric Endersby
Harbor Operations Manager
Susan Lichtenbaum
Harbor Business Manager
Rob Livick
Public Services Director
Tim Olivas
Police Chief
Mike Pond
Fire Chief
Susan Slayton
Administrative Services Director
Joe Woods
Recreation & Parks Director
® ESTABLISH QUORUM AND CALL TO ORDER
MOMENT OF SILENCE
PLEDGE OF ALLEGIANCE
MAYOR AND COUNCIL MEMBERS REPORTS. ANNOUNCEMENTS &
PRESENTATIONS
CLOSED SESSION REPORT - City Attorney
Robert Schultz reported the City Council
met in Closed Session; and no reportable action
under the Brown Act was taken.
PUBLIC COMMENT
Christine Johnson, President of Morro Bay Friends of the Library announced this is
'National Library Week.' She also announced the library's book sale will be held on
May 14`h at 9:00 a.m. and will be held at the Community Center, as well as Friends of the
Library members -only event on May 13's at the Morro Bay Wine Cellar. Ms. Johnson
introduced Jackie Kinsey, the library's branch manager.
Jackie Kinsey, Morro Bay Library Branch Manager stated she was appointed as the
branch manager in September 2010. She reviewed present and upcoming programs at the
library.
Adriane Harris, Director of the Morro Bay National Estuary Program, announced a public
® hearing on the National Estuary Program Management Plan update will be held April 14's
at 6:00 p.m. at the Community Center.
2
® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — APRIL 12, 2011
D'Onna Kennedy thanked the business community and residents for their participation in
the City-wide Yard Sale. She announced the Central Coast Veterans Group meets every
third Tuesday of each month at 6:00 p.m. at the Eagles Lodge, which provides
information regarding services available to veterans.
The following people addressed Item D-3 (Discussion of Policies and Procedures
Regarding Absences from Planning Commission) and expressed support for Planning
Commissioner John Diodati maintaining his seat on the Planning Commission: Gisele
Pulg, Walter Heath. Evan Barbas, David Nelson, Am Lyne, Richard Harrison, Dana
Putnam, Barry Brannon, Zack Snyder, John Zigler, Marcus Jackson, Karen Croley, Roger
Ewing, Susan Mullen, Lee Johnson, Richard Margesten, Laura Lathrop, Josh Beckett,
Erin Hadley, John Diodati and Chris Christianson.
Bill Shewcheck read a letter from Stan Trapp (owner of Marina Square) expressing
support for Item D-4 (Discussion of Reallocation of Harbor Funds for the Embarcadero
Banner Project). Mr. Shewcheck also expressed his support stating this is a good
investment in the business community of Morro Bay.
isDavid Nelson expressed concern with the removal of the tank farm stating there was a
contractual obligation through the lease for the removal of these tanks.
Barry Brannon referred to the MB/CSD JPA meeting scheduled for April 14`h stating it is
important that citizens get involved and attend this meeting.
John Barta expressed support for Item D-2 (Resolution to Approve Amendment #6 to the
Lease Agreement for Lease Site 87-88/87W-88W, The Outrigger Restaurant, Located at
833 Embarcadero). He also referred to Item D-3 stating those who come before the
Planning Commission deserves to be heard by the entire Commission. Mr. Barta also
noted the Planning Commission serves at the pleasure of the City Council.
Bryan Millard, Morro Bay Police Commander, stated the Tip -a -Cop dinner held on April
8'h raised $5,400 for Special Olympics. He said the Emergency Vehicle Show Aill be
held on April 16'h and the proceeds will be benefitting Neighborhood Watch and the
Morro Bay Community Foundation.
Brian Stacy requested the City Council consider placing the unfunded salmon disaster on
their agenda. He thanked the Mayor for his assistance with the SBA.
Tracy Neil Shewcheck announced Virg's Landing has moved to 1169 Market Street and
they are running salmon trips and rock cod trips will open in May.
3
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — APRIL 12, 2011
Garry Johnson thanked the Police Department for their efforts during the tsunami
warnings. He also stated there are a lot of issues coming before the Planning
Commission which will require the full Commission's attention. Mr. Johnson stated the
removal of the tank farm has become an environmental issue.
Lynn Meissen, Harbor Advisory Board Member, expressed opposition to Item D-4
stating these funds should be used for safety and maintenance repairs to the infrastructure
of the harbor.
Mayor Yates closed the hearing for public comment.
Mayor Yates called for a break at 7:00 p.m.; the meeting resumed at 7:10 p.m.
A. CONSENT CALENDAR
Unless an item is pulled for separate action by the City Council, the following actions are
approved without discussion.
A-1 APPROVAL OF MINUTES FOR THE REGULAR CITY COUNCIL MEETING
® OF MARCH 22, 2011; (ADMINISTRATION)
RECOMMENDATION: Approve as submitted.
E
A-2 APPROVAL OF RESOLUTION AUTHORIZING THE CITY OF MORRO
BAY TO ENTER INTO VESSEL PUMPOUT INSTALLATION GRANT
CONTRACT WITH THE DEPARTMENT OF BOATING AND
WATERWAYS; (HARBOR)
RECOMMENDATION: Adopt Resolution 24-11 authorizing execution of grant
contract agreement.
A-3 PROCLAMATION DECLARING APRIL 10-16, 2011 AS "CHILDHOOD
CANCER AWARENESS WEEK"
RECOMMENDATION: Adopt Proclamation.
A-4 ADOPTION OF RESOLUTION NO. 26-11 APPROVING A ONE-YEAR
LICENSE AGREEMENT WITH LIMO AND COURTNEY LONG, DOING
BUSINESS AS SOUTH BAY HOOKERS; (HARBOR)
RECOMMENDATION: Adopt Resolution 26-11 approving one-year lease agreement.
rd
® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — APRIL 12. 2011
A-5 ANNUAL REPORTING ON THE MORRO BAY TOURISM BUSINESS
IMPROVEMENT DISTRICT AND SCHEDULING OF A PUBLIC HEARING,
(ADMINISTRATIVE SERVICES)
RECOMMENDATION: Council to acknowledge receipt of the annual report and
budgets, and set the date for the public hearing for the renewal of the MBTBID
on April 26, 2011, and the adoption of Resolution No. 25-11.
A-6 APPROVAL OF VEHICLE TRANSFER FROM THE POLICE DEPARTMENT
TO THE PUBLIC SERVICES DEPARTMENT AND ASSOCIATED FUND
TRANSFER; (POLICE)
RECOMMENDATION: Approve vehicle transfer between the Police Department
and the Public Services Department.
Mayor Yates pulled Item A-5 from the Consent Calendar.
MOTION: Councilmember Borchard moved the City Council approve the Consent
® Calendar with the exception of Item A-5. The motion was seconded by
Councilmember Johnson and carried unanimously. (5-0)
A-5 ANNUAL REPORTING ON THE MORRO BAY TOURISM BUSINESS
IMPROVEMENT DISTRICT AND SCHEDULING OF A PUBLIC HEARING:
(ADMINISTRATIVE SERVICES)
Mayor Yates recommended scheduling a public hearing for the annual reporting on the
Morro Bay Tourism Business Improvement District for the 'May 10, 2011 City Council
meeting.
MOTION: Councilmember Borchard moved the City Council approve Item A-5 of
the Consent Calendar. The motion was seconded by Councilmember
Johnson and carried unanimously. (5-0)
B. PUBLIC HEARINGS. REPORTS & APPEARANCES
B-1 APPEAL OF PLANNING COMMISSION`S DECISION ON MARCH 2_ 2011
TO DENY THE APPEAL OF THE REMOVAL AND REPLACEMENT OF 8
TREES LOCATED IN THE CITY RIGHT OF WAY; (PUBLIC SERVICES)
Councilmember Johnson stepped down from discussion on this item due to a conflict of
interest.
5
MINUTES - MORRO BAY CITY COUNCIL
® REGULAR MEETING — APRIL 12, 2011
Public Services Director Rob Livick stated PG&E owns, operates, and maintains the high
voltage electric distribution lines within the City of Morro Bay's Right -of -Way under a
franchise easement. On September 22, 2010, a City tree caused a power outage where
approximately 6,000 PG&E customers lost power for approximately five hours. State
law requires minimum clearances of 10-feet between vegetation and high voltage lines at
all times for public safety and system reliability. PG&E currently has a program, "Right
Tree Right Place" for removing problem trees which require repeated pruning to comply
with this requirement and replacing the tree with a tree suitable for planting near power
lines due to power outages. City staff met with PG&E's Vegetation Management
Forester, Greg Saenz, on October 12, 2010 to discuss trees which would qualify for this
program. Nine trees in the public right-of-way were identified as successful candidates
for removal and replacement. Mr. Livick recommended the City Council deny the appeal
of the Planning Commission's approval for the removal of eight trees (205 Surf, 214 &
225 Beach, 1129, 1149, 1169 Market and two trees at 1320 Main) within the City right-
of-way.
Robin Cole, appellant, stated her initial concern centered on the removal of a Monterey
Cypress adjacent to her property, and said PG&E stated this tree interfered with its power
lines. She said she was surprised to view a notice for removal nailed to the tree and was
® encouraged to appeal this removal. Ms. Cole stated the addendum to her appeal includes
the eight trees posted for removal that are before the City Council this evening. She
reviewed costs of removal and replacement of these trees, and asked why the City wants
to remove these healthy, established trees that provide shade, beauty and bird habitats.
Patricia Wilmore, PG&E representative, requested the City Council support staffs
recommendation to uphold the Planning Commission's approval for the removal of the
eight trees within the City right-of-way.
Mayor Yates opened the hearing for public comment.
David Nelson stated there are many trees in the City that fall under utility lines, and
asked if they are also going to be removed. He expressed concern with the use of
galvanized nails to post notices in the trees that are being removed by PG&E. Mr.
Nelson stated some of these trees can be saved by trimming the limbs away from the
utility lines.
Debbie Heifel stated there is no compelling reason to comply with PG&E's request to
remove all eight trees, because their rules state that trees are removed when they pose a
hazard to their workers. She asked that the City not make a blanket policy of removing
all trees and that each tree is inspected individually. Ms. Heifel read a letter from
Monique Nelson who expressed opposition to the removal of all of these trees, and that
® each tree is inspected individually by an independent arborist for the health and safety of
each tree.
v
MINUTES - MORRO BAY CITY COUNCIL
® REGULAR MEETING — APRIL 12, 2011
Betty Winholtz shared pictures of trees in Morro Bay that touch utility lines. She
expressed support of this appeal filed against the Planning Commission's approval for the
removal of the eight trees within the City right-of-way. She said it is important for a plan
to be in place for the management of these trees.
Roger Ewing expressed his support of this appeal. He said a tree is a living ecosystem
that benefits the environment- and ecology that allows the City to post the "Tree City"
signs. Mr. Ewing stated his concern is to destroy all -of the trees that will leave a vacant
view shed that will be a shock to the ecosystem. He suggested the removal of one tree at
a time, and put a plan in place to manage the removal of the trees that are a problem to
PG&E.
Mayor Yates closed the hearing for public comment.
Mayor Yates expressed support of the Planning Commission's approval for the removal
of the eight trees within the City right-of-way; Councilmember Borchard and
Councilmember Leage concurred.
Councilmember Smukler stated the City should not start this process without having an
Urban Forest Management Plan in place. He expressed concern with the removal of trees
that are in a cluster that maintain a canopy, and will leave barren sections of the City if
removed all at once.
MOTION: Mayor Yates moved the City Council deny the appeal of the Planning
Commission Commission's approval for the removal of eight trees (205
Surf. 214 & 225 Beach, 1129, 1149, 1169 Market and two trees at IJ20
Main) within the City right-of-way. Council further directed staff to
develop an Urban Forest Management Plan prior to the approval of any
further tree removals in the next year. The motion was seconded by
Councilmember Borchard and carried with Councilmember Smukler
voting no. Q-1-1)
B-2 RESOLUTION NO. 28-11 INITIATING PROCEEDINGS TO LEVY THE
ANNTUAL ASSESSMENT FOR THE CLOISTERS PARK AND OPEN SPACE
LANDSCAPING AND LIGHTING MAINTENANCE ASSESSMENT
DISTRICT; (RECREATION & PARKS)
Recreation & Parks Director Joe Woods stated Resolution No. 28-11 initiates the
proceedings to levy the annual assessment, and ordering the preparation of an Engineer's
Report detailing the expenses projected for Fiscal Year 2011-12 for the maintenance of
the Cloisters Park and Open Space. In conformance with Proposition 218 the Right to
® Vote on Taxes Act, passed in 1996 by the voters in the State of California; the Cloisters
Landscaping and Lighting Maintenance Assessment District was approved by one
hundred percent (100%) of the owners for which the assessment is to be levied.
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MINUTES - MORRO BAY CITY COUNCIL
® REGULAR MEETING — APRIL 12, 2011
All property owners were fully apprised of the costs and benefits associated with the
district, prior to its approval by them. Resolution No. 28-11 serves as the initiation of the
annual assessment proceedings and orders an Engineer's Report detailing the proposed
costs for the maintenance of the Cloisters Park and Open Space for the purpose of
assessing private property owners of Tract Map No. 1996 (excluding the City's property).
The Resolution also gives notice that a public hearing on the intent to levy the
assessment, review and acceptance of the Engineer's Report, will be held on May 10,
2011. Mr. Woods recommended the City Council adopt Resolution No. 28-11, ordering
the preparation of an Engineer's Report for the Cloisters Park and Open Space
Landscaping and Lighting Maintenance Assessment District.
Mayor Yates opened the hearing for public comment; there were no comments, and the
hearing for public comment was closed.
MOTION: Councilmember Johnson moved the City Council adopt Resolution No.
28-11 initiating proceedings to levy the annual assessment for the
Cloisters Park and Open Space Landscaping and Lighting Maintenance
Assessment District. The motion was seconded by Councilmember
Borchard and carved unanimously. (5-0)
B-3 RESOLUTION NO. 29-11 INITIATING PROCEEDINGS TO LEVY THE
ANNUAL ASSESSMENT FOR THE NORTH POINT NATURAL AREA
LANDSCAPING AND LIGHTING MAINTENANCE ASSESSMENT
DISTRICT; (RECREATION & PARKS)
Recreation & Parks Director Joe Woods stated Resolution No. 29-11 initiates the
proceedings to levy the annual assessment, and ordering the preparation of an Engineer's
Report detailing the expenses projected for Fiscal Year 2011-12 for the maintenance of
the North Point Natural Area. In conformance with Proposition 218, "The Right to Vote
on Taxes Act", passed in 1996 by the voters in the State of California, the North Point
Natural Area Landscaping and Lighting Maintenance Assessment District was approved
by one hundred percent (100%) of the owners for which the assessment.is to be levied.
All property owners were frilly apprised of the costs and benefits associated with the
district, prior to its approval by them. Resolution No. 29-11 serves as the"initiation to the
annual assessment proceedings and orders an Engineer's Report detailing the proposed
costs for the maintenance of the North Point Natural Area for the purpose of assessing
private property owners of Tract Map No. 2110 (excluding the City's property). The
Resolution also gives notice that a public hearing on the intent to levy the assessment.
review and accept the Engineer's Report will be held on May 10, 2011. Mr. Woods
recommended the City Council adopt Resolution No. 29-11, ordering the preparation of
an Engineer's Report for the North Point Natural Area Landscaping and Lighting
Maintenance Assessment District.
Mayor Yates opened the hearing for public comment; there were no comments, and the
hearing for public comment was closed.
u
MINUTES - MORRO BAY CITY COUNCIL
® REGULAR MEETING — APRIL 12, 2011
MOTION: Councilmember Borchard moved the City Council adopt Resolution No.
29-11 initiating proceedings to levy the annual assessment for the North
Point Natural Area Landscaping and Lighting Maintenance Assessment
District. The motion was seconded by Councilmember Leage and carried
unanimously. (5-0)
B4 REQUEST FOR A USE PERMIT TO ALLOW INSTALLATION OF A DOCK
SYSTEM AND ASSOCIATED FACILITIES AT LEASE SITES
105.1W/105.2W LOCATED AT 1001 FRONT STREET; (PUBLIC SERVICES)
Councilmember Leage stepped down from discussion on this item due to a conflict of
interest.
Assistant Planner Sierra Davis stated this project is located on Lease Sites 105.1W and
105.2W adjacent to 1001 Front Street, and is zoned Harbor and governed by the
Waterfront Master Plan. The upland portion of the project site is located within the
Waterfront/Planned Development Zoning District, with an SA overlay, and is governed
by the Waterfront Master Plan. The existing building includes Giovanni's Fish Market
and take out window, a restaurant, and a clothing store. No improvements to the existing
® building are proposed with this project. Since the project is located in the Planned
Development overlay area, the Municipal Code requires a Concept Plan for all projects
over an acre in size or for projects on public land; as such the use permit under
consideration is for a Concept Plan (MBMC 17.40.030). This Concept Plan was heard by
the Planning Commission on March 16, 2011. The Concept Plan shall be approved by the
City Council prior to the applicant applying to the California Coastal Commission for a
Coastal Development Permit. Should the Coastal Commission grant a Coastal
Development Permit, then the applicant will return with the Precise Plan. The proposed
project consists of the installation of a new head float, the addition of four finger docks,
landing and gangway and the installation of an awning system over the public outdoor
dining area. Ms. Davis recommended the City Council support the Planning
Commission's approval of Conditional Use Permit #UPO-284 and the adoption of the
Mitigated Negative Declaration for the construction of a new dock, gangway, landing,
awning and parking lot at 1001 Front Street with findings and conditions as amended by
the Planning Commission.
Cathy Novak, representing the applicant, stated this project has three components, the
awning, the floating docks and the parking lot. The awing as proposed will be a benefit to
the public seating area because it will offer more protection from the elements during
inclement weather. The floating docks will have an addition of approximately 74 linear
feet to the main head float and the installation of four finger style slips and a new gangway
since access to the dock is limited to the ladder from the wharf. A configuration change
is and
the existing side tie method to the individual slips will provide a better tie up system
and protection for the boats.
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MINUTES - MORRO BAY CITY COUNCIL
® REGULAR MEETING — APRIL 12, 2011
The last component of this project is the parking lot. With staff help, a new parking
configuration has been developed that answer's the City's concerns and is also acceptable
to the applicant.
Ms. Novak stated there are three project conditions that are of concern and they are:
1. Planning Condition # 8: the ADA space;
2. Planning Condition # 9: the Street frontage; and
3. Engineering Condition # 1: the public improvements.
Ms. Novak suggested the following modifications to these conditions:
1. Planning Condition #8 which is the ADA parking space would change to "meet
the State and Federal ADA standards".
2. Planning Condition 99, the street frontage landscaping, would be deleted.
3. Planning Condition #11 is the landscape plan and if the Council does not require
the landscaping then this condition should be eliminated.
4. Engineering Condition 91, the deferment of the public improvements would be
modified so that the public improvements will be completed when a major or
comprehensive re -development on the site is done.
® 5. That Council grants the additional historical parking credits for the side tie use of
the previous floating dock to offset this dock project.
Mayor Yates opened the hearing for public comment; there were no comments, and Mayor
Yates closed the public comment hearing.
Mayor Yates stated he will be supporting the removal of Planning Condition #4 -
Liveaboards and Planning Condition #6 - Parking Space Labelsstating these conditions
are too restrictive.
Councilmember Smukler stated he is supportive of the Planning Commission's
conditions with some consideration to the landscape plan that would be compatible with
the parking area. He would like to move in the direction of 8-foot sidewalks connecting
the north and south -ends of the Embarcadero.
Councilmember Borchard stated she is not supportive of removing Planning Condition #4
regarding liveaboards because it would change the dynamics of the parking and she does
not want to make exceptions to the rules. She said she supports on -site improvements to
the existing landscape area as well as comprehensive redevelopment site improvements
such as the extension of the sidewalks. Councilmember Borchard stated she supports the
changes to Planning Condition #8, 99 and 911. She referred to Planning Condition 96 and
recommended the following amendment: ".... At no time shall equipment, delivery
® trucks, or marine storage tanks, nor the like be permanently placed in the parking
spaces."
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MINUTES - MORRO BAY CITY COUNCIL
® REGULAR MEETING — APRIL 12, 2011
Councilmember Johnson stated she agrees the 8-foot sidewalk should be considered at
another time. She suggested placing wood in front of the chain link fence.
Councilmember Johnson stated the Waterfront Master Plan will be considered with major
new development.
Mayor Yates called for a break at 9:40 p.m.; the meeting resumed at 9:50 p.m.
MOTION: Mayor Yates moved the City Council support the Planning Commission's
approval of Conditional Use Permit "0-284 and the adoption of the
Mitigated Negative Declaration for the construction of a new dock,
gangway, landing, awning and parking lot at 1001 Front Street, with the
following amendments: 1) Planning Condition 96 — Parking Space Labels:
The parking spaces resen,ed f f the Ae..l... shall be labeled and apea ...7
available fer people using the deelE97 At no time shall equipment, delivery
trucks, or marine storage tanks, nor the like be permanently placed in the
parking spaces; 2) Planning Condition #8 — Accessible Parking Space: The
van accessible parking space shall meet State and Federal standards; 3)
Planning Condition 99: Street Frontage — (remove entirely); 4) Planning
Condition #11: Landscape Plan - (remove entirely); 5) Engineering
® Condition #1 — to include language "at which time there is a comprehensive
redevelopment of the site"; and 6) grant a total of five historic parking
credits to the property. The motion was seconded by Councilmember
Johnson and carried with Councilmember Smukler voting no. (3-1-1)
B-5 RECOMMENDATION ON THE FUTURE OF THE VISITORS CENTER,
INCLUDING DISCUSSION ON A MARKETING SPECIALIST, AND THE
COMBINING OF THE COMMUNITY PROMOTIONS COMMITTEE (CPC)
AND THE TOURISM BUSINESS IMPROVEMENT DISTRICT (TBID);
(ADMINISTRATION)
Mayor Yates recommended this item be continued to the April 26, 2011 or May 10, 2011
City Council meeting; Council concurred.
There was no further action taken on this item.
C. UNFINISHED BUSINESS
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MINIUTES - MORRO BAY CITY COUNCIL
® REGULAR MEETING — APRIL 12, 2011
D. NEW BUSINESS
D-1 APPROVAL OF THE SERVICE RETIREMENT INCENTIVE PROGRAM FOR
FISCAL YEAR 2011/12 BUDGET; (ADMINISTRATION)
City Manager Andrea Lueker stated in recent years, a number of cities have structured
retirement incentives as a means of short-term and -long-term savings. Staff considered
and evaluated various retirement incentive options and programs, and is presenting a one-
time, lump -sum service retirement incentive program. Ms. Lueker recommended the City
Council consider the options presented by staff and approve the Service Retirement
Incentive Program for fiscal year 2011/12.
MOTION: Councilmember Borchard moved the City Council approve the Service
Retirement Incentive Program for fiscal year 2011/12. The motion was
seconded by Councilmember Johnson and carried unanimously. (5-0)
D-2 RESOLUTION TO APPROVE AMENDMENT #6 TO THE LEASE
AGREEMENT TOR LEASE SITE 87-88/87W-88W, THE OUTRIGGER
RESTAURANT, LOCATED AT 833 EMBARCADERO; (HARBOR)
® Councilmember Leage stepped down from discussion on this item due to a conflict of
interest.
Harbor Business Manager Sue Lichtenbaum stated the proposed amendment extends the
term of the lease agreement for Lease Site 87-88/87W-88W from December 31. 2011 to
March 31, 2018, makes a change to the notification process, adds a 10% penalty for past
due rent payment, reduces the percentage of gross sales on bar/cocktail lounge sales from
10% to 5%, and includes a schedule of required repairs/improvements to the site. Ms.
Lichtenbaum recommended the City Council adopt Resolution No. 27-11 to approve
Amendment 46 to the lease agreement for Lease Site 87-88/87W-88W, the Outrigger
Restaurant, located at 833 Embarcadero.
MOTION: Councilmember Borchard moved the City Council adopt Resolution No.
27-11 to approve Amendment #6 to the lease agreement for Lease Site 87-
88/87W-88W, the Outrigger Restaurant, located at 833 Embarcadero. The
motion was seconded by Councilmember Smukler and carved
unanimously. (4-0-1)
12
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — APRIL 12, 2011
D-3 DISCUSSION OF POLICIES AND PROCEDURES REGARDING ABSENCES
FROM PLANNING COMMISSION; (CITY COUNCIL)
Councilmember Borchard stated the Planning Commission allows for members to
formally request permission to be absent from three regular meetings per year pursuant to
Morro Bay Municipal Code Section 2.28.100. Similarly City Council Resolution 10-06
addresses attendance requirements for boards, stating absence of four meetings in a
consecutive 12-month period will constitute the voluntary resignation of the absent
member. At the March 16a' Planning Commission meeting, a request was made and
granted to Planning Commissioner Diodati to be excused (or be late) for the next five
Planning Commission meetings. The concern regarding the issue is twofold. First, this
action would set a precedent in allowing a Board or Commission to override the set
policies of the City on absenteeism as outlined in Resolution 10-06. Second, in regard to
"doing the business of the City", the Planning Commission plays a vital role in land use
decisions. It is important, when possible, that the applicant appearing before the
Commission have a full board, hearing their project request. Councilmember Borchard
recommended the City Council require the Planning Commissioner to adhere to the
policies for advisory bodies and meet the attendance requirement or declare the position
vacant.
® Mayor Yates stated everyone respects John Diodati as a valuable citizen, and no one
questions his integrity. He said the City's municipal code states the Planning Commission
serves at the discretion of the City Council.
Councilmember Borchard stated she did vote for John Diodati's appointment to the
Planning Commission two years ago, and she did not support his removal from the
Planning Commission last December when there were two remaining Commissioners.
Councilmember Borchard stated this issue is about the attendance requirement, and
providing due process to the community and applicants with a full Planning Commission.
She referred to Morro Bay Municipal Code Section 2.28.100 that states: "Absence of a
member from three regular meetings during the calendar year without formal consent of
the planning commission. noted in its official minutes. constitutes the voluntary
resignation of such absent member and the position shall be declared vacant."
Councilmember Borchard stated Commissioner Diodati's request to arrive late to
Planning Commission meetings would not provide him the information from public
comment or discussions that the other Commissioners would have received prior to his
arrival that they would be voting on.
Councilmember Johnson stated this has nothing to do with Commissioner Diodati's
character or ability to perform his duties as a Planning Commissioner. She said applicants
that come before a Planning Commission deserves the attention of a full Commission.
® Councilmember Johnson stated by accepting a commitment to be a member of a City
commission or board, especially the Planning Commission, you must be available to
attend the meetings.
13
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — APRIL 12, 2011
Councilmember Leage stated this issue is not about integrity, but about taking
responsibility to the commitment of being on the Planning Commission.
Councilmember Smukler stated the City Council created a conflict by changing the
meeting dates of the Planning Commission without consulting them, and the Council
should reconsider this issue as a one-time event.
MOTION: Councilmember Borchard moved the City Council request the Planning
Commissioners attend the required Planning Commission meetings when
the meeting is called to order, with no more than three (3) absences per
year; if not, declare the position vacant. The motion was seconded by
Councilmember Johnson and carried with Councilmember Smukler voting
no. (4-1)
DA DISCUSSION OF REALLOCATION OF HARBOR FUNDS FOR THE
EMBARCADERO BANNER PROJECT; (CITY COUNCIL)
Mayor Yates stated for the past several months the City as well as other local groups have
focused on repair, maintenance and beautification efforts on streets, sidewalks, parks and
planters to make the City more attractive to both residents and visitors. Within the next
few weeks, PG&E will be repainting the street lights along the Embarcadero. The next
proposed step for beautification is installing colorful banners along the Embarcadero on
these poles. The goal of the banner committee is to secure the banners, hardware, and
installation at the lowest possible price while keeping quality (longevity) in mind.
Should the City Council agree to this expenditure, it will be scheduled to occur prior to
Memorial Day 2011. Mayor Yates recommended the City Council approve up to $25,000
of funds from the Harbor Budget for the purchase of four sets of decorative banners for
the Embarcadero street light poles.
MOTION: Mayor Yates moved the City Council approve up to $25,000 of funds from
the Harbor Budget for the purchase of four sets of decorative banners for the
Embarcadero street light poles, brackets. and installation. The motion was
seconded by Councilmember Leage and carried unanimously. (5-0)
E. DECLARATION OF FUTURE AGENDA ITEMS
Mayor Yates requested the regulations on A -Frame Signs be scheduled for the April 26,
2011 City Council meeting.
14
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — APRIL 12, 2011
ADJOURNMENT
The meeting adjourned at 10:45 p.m.
Recorded by:
Jamie Boucher
Deputy City Clerk
E
15
C
E
F� City of Morro Bay
Morro Bay, CA 93442
mop" (805) 772-6200
NOTICE OF SPECIAL
CLOSED SESSION MEETING
NOTICE IS HEREBY GIVEN that the Morro Bay City Council will be holding
a Special Closed Session Meeting on Thursday. April 7. 2011 at 9:00 a.m. to be held
in the City Hall Conference Room located at 595 Harbor Street, Morro Bay, California.
The City Council will be discussing the following:
CS-1 GOVERNMENT CODE SECTION 54957.6; CONFERENCE WITH
LABOR NEGOTIATOR. Conference with City Manager, the City's Designated
Representative, for the purpose of reviewing the City's position regarding the
terms and compensation paid to the City Employees and giving instructions to the
Designated Representative.
DATED: March 30, 2011
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.
® City of Morro Bay
Morro Bay, CA 93442
(805) 772-6200
NOTICE OF SPECIAL
CLOSED SESSION MEETING
NOTICE IS HEREBY GIVEN that the Morro Bay City Council will be holding
a Special Closed Session Meeting on Tuesday. March 29, 2011 at 9:00 a.m. to be held
in the City Hall Conference Room located at 595 Harbor Street, Morro Bay, California.
The City Council will be discussing the following:
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: Morro Bay Power Plant Outfall.
Negotiating Parties: Dynegy and City of Morro Bay.
® Negotiations: Lease Terms.
• Property: Chorro Valley Property.
Negotiating Parties: Chorro Valley Property Owners and City of Morro Bay.
Negotiations: Water rights.
CS-2 GOVERNMENT CODE SECTION 54956.9(C): CONFERENCE WITH
LEGAL COUNSEL DUE TO ANTICIPATED LITIGATION. Initiation of
litigation exists based upon existing facts and the advice of legal counsel as to one
(1) matter.
• City of Morro Bay vs. Hayashi and Sons, Nagano and Giannini
DATED: March 24, 2011
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.
® 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 fife 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 — TUESDAY, MARCH 22, 2011
CLOSED SESSION — TUESDAY, MARCH 22, 2011
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 City Manager, the City's Designated
® Representative, for the purpose of reviewing the City's position regarding the
terms and compensation paid to the City Employees and giving instructions to the
Designated Representative.
IT IS NOTED THAT THE CONTENTS OF CLOSED SESSION MEETINGS
ARE CONFIDENTIAL AND EXEMPT FROM DISCLOSURE.
L
PUBLIC SESSION — TUESDAY, MARCH 22, 2011
VETERANS MEMORIAL HALL - 6:00 P.M.
209 SURF ST., MORRO BAY, CA
ESTABLISH QUORUM AND CALL TO ORDER
MOMENT OF SILENCE
PLEDGE OF ALLEGIANCE
MAYOR AND COUNCILMEMBERS ANNOUNCEMENTS & PRESENTATIONS
CLOSED SESSION REPORT
PUBLIC COMMENT PERIOD - Members of the audience wishing to address the
Council on City business matters (other than Public Hearing items under Section B) may
do so at this time.
To increase the effectiveness of the Public Comment Period, the following rules shall be
followed:
• When recognized by the Mayor, please come forward to the podium and state
your name and address for the record. Comments are to be limited to three
minutes.
• All remarks shall be addressed to Council, as a whole, and not to any
individual member thereof.
• The Council respectfully requests that you refrain from making slanderous,
profane or personal remarks against any elected official, commission and/or
® staff.
• Please refrain from public displays or outbursts such as unsolicited applause,
comments or cheering.
• Any disruptive activities that substantially interfere with the ability of the City
Council to cant' out its meeting will not be permitted and offenders will be
requested to leave the meeting.
• Your participation in City Council meetings is welcome and your courtesy
will be appreciated.
In compliance with the Americans with Disabilities Act, if you need special assistance to
participate in this meeting, please contact the City Clerk, (805) 772-6205. Notification 24
hours prior to the meeting will enable the City to make reasonable arrangements to ensure
accessibility to this 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 CITY COUNCIL MINUTES FOR REGULAR MEETINGS OF
FEBRUARY 22, 2011 AND MARCH 8, 2011, AND THE SPECIAL MEETING
OF MARCH 15, 2011; (ADMINISTRATION)
0 RECOMMENDATION: Approve as submitted.
A-2 RESOLUTION NO. 23-I1 AUTHORIZING HINDERLITER, DE LLAMAS &
® ASSOCIATES (HDL COMPANIES) TO RETAIN COUNSEL TO INTERVENE
IN THE CASES OF CITY OF BRISBANE, ET AL, V. CALIFORMA STATE
BOARD OF EOUALIZA77ON (BOE) AND DOES 1-500, AND TO REPRESENT
THE CITY OF MORRO BAY'S INTERESTS IN THESE CASES;
(ADMINISTRATIVE SERVICES)
RECOMMENDATION: Adopt Resolution No. 23-11, and direct the City
Manager to complete HdL Companies' form Authorization — Motion to
Intervene.
A-3 AUTHORIZATION TO PURSUE CALTRANS TRANSPORTATION
PLANNING GRANT FOR A COMPLETE STREETS/GREEN STREET
PROGRAM; (PUBLIC SERVICES)
RECOMMENDATION: Adopt Resolution 22-11 authorizing the Public Services
Director to pursue the application for a Transportation Planning Grant and
to act as the City's representative in administration of the Grant if the
application is successful.
A-4 PROCLAMATION DECLARING APRIL 2011 AS "MONTH OF THE CHILD"
AND "CHILD ABUSE PREVENTION MONTH" AND APRIL 9, 2011 AS
"DAY OF THE CHILD"; (ADMINISTRATION)
® RECOMMENDATION: Adopt Proclamation.
A-5 PROCLAMATION DECLARING APRIL 2011 AS "FAIR HOUSING
MONTH''; (PUBLIC SERVICES)
RECOMMENDATION: Adopt Proclamation.
B. PUBLIC HEARINGS. REPORTS & APPEARANCES — NONE.
C. UNFINISHED BUSINESS — NONE.
D. NEW BUSINESS
D-1 REVIEW AND DISCUSSION OF MORRO BAY MUNICIPAL CODE
17.48.320 REGARDING SECONDARY DWELLING UNITS; (CITY
ATTORNEY)
RECOMMENDATION: Direct staff on whether to draft changes to the current
Secondary Dwelling Unit Ordinance.
E. DECLARATION OF FUTURE AGENDA ITEMS
® F. ADJOURNMENT
3
L�
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.
MATERIALS RELATED TO AN ITEM ON THIS AGENDA SUBMITTED TO
THE CITY COUNCIL AFTER DISTRIBUTION OF THE AGENDA PACKET
ARE AVAILABLE FOR PUBLIC INSPECTION AT CITY HALL LOCATED AT
595 HARBOR STREET; MORRO BAY LIBRARY LOCATED AT 625 HARBOR
STREET; AND MILL'S COPY CENTER LOCATED AT 495 MORRO BAY
BOULEVARD DURING NORMAL BUSINESS HOURS.
51
MINUTES - MORRO BAY CITY COUNCIL
® CLOSED SESSION —MARCH 22, 2011
CITY HALL CONFERENCE ROOM - 5:00 P.M.
Vice -Mayor Smukler called the meeting to order at 5:00 p.m.
PRESENT: Noah Smukler
Vice -Mayor
Carla Borchard
Councilmember
Nancy Johnson
Councilmember
George Leage
Councilmember
ABSENT: William Yates
Mayor
STAFF: Robert Schultz
City Attorney
Susan Slayton
Administrative Services Director
Jamie Boucher
Human Resources Analyst
CLOSED SESSION
MOTION: Councilmember Borchard moved the meeting be adjourned to Closed
Session. The motion was seconded by Councilmember Johnson and
unanimously carried. (4-0)
Vice -Mayor Smukler read the Closed Session Statement.
® CS-1 GOVERNMENT CODE SECTION 54957.6; CONFERENCE WITH
LABOR NEGOTIATOR. Conference with City Manager, the City's Designated
Representative, for the purpose of reviewing the City's position regarding the
terms and compensation paid to the City Employees and giving instructions to the
Designated Representative.
The meeting adjourned to Closed Session at 5:00 p.m. and returned to regular session at
5:27 p.m.
MOTION: Councilmember Smukler moved the meeting be adjourned. The motion
was seconded by Councilmember Borchard and unanimously carried. (4-0)
The meeting adjourned at 5:27 p.m.
r
1
MINUTES - MORRO BAY CITY COUNCIL
® REGULAR MEETING — MARCH 22, 2011
VETERANS MEMORIAL HALL - 6:00 P.M.
Vice -Mayor Smukler called the meeting to order at 6:00 p.m
PRESENT: Noah Smukler
Vice -Mayor
Carla Borchard
Councilmember
Nancy Johnson
Councilmember
George Leage
Councilmember
ABSENT: William Yates
Mayor
STAFF: Robert Schultz
City Attorney
Bridgett Kessling
City Clerk
Eric Endersby
Harbor Operations Manager
Susan Lichtenbaum
Harbor Business Manager
Mike Pond
Fire Chief
Susan Slayton
Administrative Services Director
Kathleen Wold
Planning Manager
Joe Woods
Recreation & Parks Director
ESTABLISH QUORUM AND CALL TO ORDER
MOMENT OF SILENCE
® PLEDGE OF ALLEGIANCE
MAYOR AND COUNCIL MEMBERS REPORTS,
ANNOUNCEMENTS &
PRESENTATIONS
CLOSED SESSION REPORT - City Attorney Robert Schultz reported the City Council
met in Closed Session, and no reportable action under
the Brown Act was taken.
l
PUBLIC COMMENT
John Weiss and Craig Schmidt of the Chamber of Commerce presented Chris
Christianson of Morro Bay 4`s with a check for $1,500 to go towards this year's 4s of
July fireworks and festivities. Mr. Christianson expressed appreciation to the Chamber
and the City for their encouragement to make this event a success.
Bill Shewcheck presented Suite 1 Gallery and some local artists that showcase artwork at
the gallery located at Marina Square on the Embarcadero.
Betty Winholtz stated Morro Bay was on the front page of the Tribune last Friday
regarding the Coastal Commission's review of the City's permit application for the
Wastewater Treatment Plant upgrade project. She said the Commission found the
proposed project to be deficient in issues such as alternative technology and site location,
and water reclamation.
2
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — MARCH 22, 2011
Ms. Winholtz stated the City has spent over $300,000 of tax payer's money to put
forward a document.that was not successful, and is now requesting to spend $100,000 on
a lobbyist in order to try to be successful at the Coastal Commission level. She said these
funds could have been used on the infrastructure of the Wastewater Treatment Plant, and
requested Council stop gambling with the taxpayer's money.
David Weisman, Alliance for Nuclear Responsibility, expressed concern with the
devastation taking place in Japan, and the same affects that could take place with Diablo
Canyon Nuclear Power Plant if an earthquake hit this area. He requested the City
Council agendize the consideration of sending a letter to the Nuclear Regulatory
Commission and California Utilities Commission regarding the PG&E relicensing
process and seismic hazards analysis/study.
Joan Solu, Del Mar PTA President, announced the Del Mar Elementary School Art
Auction and Fundraiser will be held on April 10`s.
Haley Revalee, Del Mar Elementary School student, invited the community to the Art
Auction and Fundraiser and noted donations are still being accepted. She said all
proceeds will go towards classroom technology and field trips.
® Gay Skivalasquez, San Luis Obispo Council of Governments, announced the Coastal
Trail Community Workshop will be held on March 30'h to kick-off the Master Plan
process for the coastal trail through the Northern San Luis Obispo Coastal region.
u
Mark Shaeffer, CEO for FunRide, reviewed the local car sharing service. He said the
cost for car sharing is $240 per year and there is a one-time fee of $30 per driver. Mr.
Shaeffer stated the service is available 24 hours per day, 7 days per week; and cars can be
reserved by the hour.
Barry Brannin read his statement regarding the Coastal Commission's review of the
Wastewater Treatment Plant upgrade project that took place on March 11`s in Santa Cruz.
Virginia Hiramatsu encouraged participation at the Relay for Life Morro Bay Kickoff
meeting which will be held on March 24's at the Embarcadero Grill.
Susan Stewart, Chair of the Community Promotions Committee, stated at the last City
Council meeting and as a result to the vote on the Advertising Agency there seemed to be
a disconnect between the Council, the Advisory Boards and the business community.
She said the Community Promotions Committee will be making an effort to reaching out
to the Council and business community for better consensus on goals and objectives.
3
MINUTES - MORRO BAY CITY COUNCIL
® REGULAR MEETING — MARCH 22, 2011
Ms. Stewart listed the following goals: 1) to improve communication, she will report at
Council meetings once a month, hold regular joint meetings with the Tourism Business
Improvement District Advisory Board, and will work with the Business Forum regarding
Community Promotions activities; 2) there is a need to move forward effectively with a
City-wide workshop to get the community, businesses, boards and Council working
together with regards to City promotions, image and advertising; 3) coordinate and
approach advertising broadly and openly; 4) TJA Advertising has provided a clear
advertising plan focused on a variety of demographics around California with monthly
budget outlines where advertising dollars are spent in print and on-line venue; with the
new advertising agency, the Committee will continue to review the approach and solicit
community input; and 5) TJA is preparing for the transition to the new agency in hopes
that there is no lag time in City promotion efforts or website availability; internet and
print ads will continue to run as scheduled and new ideas will continue to being explored.
John Barta addressed Item D-1 (Review and Discussion of Morro Bay Municipal Code
17.48.320 Regarding Secondary Dwelling Units) stating using existing resources without
expanding City boundaries, including granny units or secondary dwelling units, can assist
in the State fair share housing requirement.
® Richard Margesten stated he hopes the City does not fight the Coastal Commission's
requirements regarding the Wastewater Treatment Plant upgrade project. He said his
concern is the costs of contractors' bids are below engineers estimates.
Garry Johnson thanked the City for their efforts through the tsunami warnings. He also
noted the reason there have been so many .costs for the Wastewater Treatment Plant
upgrade project are due to the appeals that have been filed against it.
Vice -Mayor Smukler closed the hearing for public comment.
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 CITY COUNCIL MINUTES FOR REGULAR MEETINGS OF
FEBRUARY 22, 2011 AND MARCH 8, 2011, AND THE SPECIAL MEETING
OF MARCH 15, 2011; (ADMINISTRATION)
RECOMMENDATION: Approve as submitted.
M
MINUTES - MORRO BAY CITY COUNCIL
® REGULAR MEETING — MARCH 22, 2011
A-2 RESOLUTION NO. 23-11 AUTHORIZING HINDERLITER, DE LLAMAS &
ASSOCIATES (HDL COMPANIES) TO RETAIN COUNSEL TO INTERVENE
IN THE CASES OF CITY OF BRISBANE, ET AL, V. CALIFORNIA STATE
BOARD OF EOUALIZATION (BOE) AND DOES 1-500, AND TO REPRESENT
THE CITY OF MORRO BAY'S INTERESTS IN THESE CASES;
(ADMINISTRATIVE SERVICES)
RECOMMENDATION: Adopt Resolution No. 23-11, and direct the City
Manager to complete HdL Companies' form Authorization — Motion to
Intervene.
A-3 AUTHORIZATION TO PURSUE CALTRANS TRANSPORTATION
PLANNING GRANT FOR A COMPLETE STREETS/GREEN STREET
PROGRAM; (PUBLIC SERVICES)
RECOMMENDATION: Adopt Resolution 22-11 authorizing the Public Services
Director to pursue the application for a Transportation Planning Grant and
to act as the City's representative in administration of the Grant if the
application is successful.
® A-4 PROCLAMATION DECLARING APRIL 2011 AS "MONTH OF THE CHILD"
AND "CHILD ABUSE PREVENTION MONTH" AND APRIL 9, 2011 AS
"DAY OF THE CHILD"; (ADMINISTRATION)
RECOMMENDATION: Adopt Proclamation.
A-5 PROCLAMATION DECLARING APRIL 2011 AS "FAIR HOUSING
MONTH"; (PUBLIC SERVICES)
RECOMMENDATION: Adopt Proclamation.
MOTION: Councilmember Johnson moved the City Council approve the Consent
Calendar. The motion was seconded by Councilmember Borchard and
carried unanimously. (4-0)
B. PUBLIC HEARINGS. REPORTS & APPEARANCES — NONE.
C. UNFINISHED BUSINESS — NONE.
l
5
MINUTES - MORRO BAY CITY COUNCIL
® REGULAR MEETING — MARCH 22, 2011
D. NEW BUSINESS
D-1 REVIEW AND DISCUSSION OF MORRO BAY MUNICIPAL CODE
17.48.320 REGARDING SECONDARY DWELLING UNITS; (CITY
ATTORNEY)
City Attorney Robert Schultz stated on February 14, 2005 the City Council enacted a
moratorium on secondary dwelling units in order to bring the City zoning into
compliance with Government Code §65852.2. This law, also known as AB 1866,
required cities to develop a process by which at least some secondary dwelling units may
be permitted through a ministerial process. On February 21, 2005 the Planning
Commission held a public hearing to familiarize the Planning Commission and
community with the current State and local regulatory framework, and take public
testimony on the topic of secondary dwelling units. On March 7, 2005 Staff sought
direction from the Planning Commission on how to best achieve compliance with State
law. The Planning Commission provided feedback as to what the proposed ordinance
should entail. Staff then drafted an ordinance that met State laws and balanced local land
use needs and objectives. On April 25, 2005, May 9, 2005 and May 23, 2005 the City
Council considered and adopted revisions to Morro Bay Municipal Code Section
® 17.48.320 regarding Secondary Units. The revisions adopted by the City Council
established a process whereby one could build a small, affordable secondary unit (900 sq.
ft.) with minimal city or neighborhood involvement by obtaining a ministerial permit. At
the same time, if one desired to build a larger secondary dwelling unit they could
continue to do so under Conditional Use Permit standards and processing requirements.
Mr. Schultz recommended the City Council review the adopted Summary of Ordinance
Amendments, and direct staff on whether to draft changes to the current Secondary
Dwelling Unit Ordinance.
Councilmember Johnson stated granny units are a way to meet State regulations and
provide low-income housing. She referred to Summary of Ordinance Amendment #3 in
the staff report, and stated it is very limited and should be eliminated, which would be the
easiest and most effective way to approach second dwelling units.
Councilmember Borchard stated she supports Councilmember Johnson's suggestion to
eliminate Amendment #3; this will help with the City's housing requirements and
infrastructure needs. Councilmember Borchard referred to Morro Bay Municipal Code
Section 17.48.320(E) — Architectural Compatibiliri, noting she would like to strike -out
"type of windows, and trim details" and replace it with "reasonably compatible."
2
MINUTES - MORRO BAY CITY COUNCIL
® REGULAR MEETING — MARCH 22, 2011
Councilmember Leage stated he agrees with Councilmember Johnson's comments. He
said this makes it more versatile for homeowners especially with the expense of housing.
Councilmember Leage stated this is a great way to meet the City's housing requirements.
Councilmember Smukler stated he does not support making extreme changes to the code.
MOTION: Councilmember Borchard moved the City Council direct the City
Attorney to return with the following amendments to Morro Bay
Municipal Code Section 17.48.120:
C. Minimum and Maximum Floor Area. The floor area of a
second unit shall not exceed the maximum allowable amount
of 1,200 square feet as per State guidelines.
E. Architectural Compatibility. The architectural design, exterior
materials and colors, roof pitch and style, ')Tee
ands details reasonably compatible of the second unit ....
F. Parking. .... The parking space can be open and uncovered;
however neither may be in tandem with required parking of
the prineipal dwelling unit or seeendary unit, and cannot be-
0 I. Conditional Use Permit. (Remove entire regulation.)
Councilmember Smukler stated he does not support removing (I) in its entirety.
The motion was seconded by Councilmember Johnson and carried
with Councilmember Smukler voting no. (3-1)
DECLARATION OF FUTURE AGENDA ITEMS
Councilmember Smukler requested to agendize the approval to send a letter to the
Nuclear Regulatory Commission and California Utilities Commission regarding PG&E
relicensing process and seismic hazards analysis/study - Councilmember Smukler will
supply the letter; Council consensus.
ADJOURNMENT - The meeting adjourned at 7:45 p.m.
(Recorded by:
Bridgett sling
City Clerk
El
City of Morro Bay
Morro Bay, CA 93442
(805) 772-6200
NOTICE OF SPECIAL MEETING
NOTICE IS HEREBY GIVEN that the Morro Bay City Council will
be holding a Special Meeting on Tuesday, March 15, 2011 at 4:00 p.m. to
be held in the City Hall Conference Room located at 595 Harbor Street,
Morro Bay, California. The City Council will be confirming by resolution
that a local disaster exists in Morro Bay.
0
DATED: March 14, 2011
Bridgettng I ity Clerli�
IN COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT, IF
YOU NEED SPECIAL ASSISTANCE TO PARTICIPATE IN A CITY MEETING,
PLEASE CONTACT THE CITY CLERK'S OFFICE AT LEAST 24 HOURS
PRIOR TO THE MEETING TO INSURE THAT REASONABLE
ARRANGEMENTS CAN BE MADE TO PROVIDE ACCESSIBILITY TO THE
MEETING.
E
® MINUTES - MORRO BAY CITY COUNCIL
SPECIAL MEETING —MARCH 15, 2011
CITY HALL CONFERENCE ROOM - 4:00 P.M.
Mayor Yates called the meeting to order at 4:00 p.m
PRESENT: William Yates
Mayor
Carla Borchard
Councilmember
Nancy Johnson
Councilmember
George Leage
Councilmember
Noah Smukler
Councilmember
STAFF: Andrea Lueker
City Manager
Robert Schultz
City Attorney
Tim Olivas
Police Chief
Mike Pond
Fire Chief
PUBLIC COMMENT — None.
RESOLUTION NO. 21-11 DECLARING THE EXISTENCE OF A LOCAL
EMERGENCY IN 2011
The City Council received a briefing from staff regarding the damage to the Morro Bay
harbor due to the tsunami effects from the devastating earthquake and tsunami that hit
Japan on March 10, 2011. A request from the City was sent to Governor Jerry Brown for
consideration of federal funding for the damage caused to the harbor that was estimated
at $500,000.
MOTION: Councilmember Borchard moved the City Council adopt Resolution No.
2 1 -11 declaring a local emergency in 2011. The motion was seconded by
Councilmember Johnson and carried unanimously. (5-0)
The meeting adjourned at 4:15 p.m.
n
I�
® City of Morro Bay
City Council Agenda
Mission Statement
The City of Morro Bay is dedicated to the preservation and enhancement of the quality of
life The City shall be committed to this purpose and will provide a level of municipal
service and safety consistent with and responsive to the needs of the public.
REGULAR MEETING — TUESDAY, MARCH 8, 2011
CLOSED SESSION — TUESDAY, MARCH 8, 2011
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 City Manager, the City's Designated
® Representative, for the purpose of reviewing the City's position regarding the terms
and compensation paid to the City Employees and giving instructions to the
Designated Representative.
CS-2 GOVERNMENT CODE SECTION 54956.8; REAL PROPERTY
TRANSACTIONS. Instructing City's real property negotiator regarding the price
and terms of payment for the purchase, sale, exchange, or lease of real property as to
2 parcels. ,
Property: Embarcadero Grill - Lease Site 86-86W
Negotiating Parties: Caldwell and City of Morro Bay.
Negotiations: Lease Terms and Conditions.
• Property: Outrigger - Lease Site 87-88/87W-88W
Negotiating Parties: V. Lease and City of Morro Bay.
Negotiations: Lease Terms and Conditions.
IT IS NOTED THAT THE CONTENTS OF CLOSED SESSION MEETINGS
ARE CONFIDENTIAL AND EXEMPT FROM DISCLOSURE.
PUBLIC SESSION — TUESDAY, MARCH 8, 2011
® VETERANS MEMORIAL HALL - 6:00 P.M.
209 SURF ST., MORRO BAY, CA
ESTABLISH QUORUM AND CALL TO ORDER
MOMENT OF SILENCE
PLEDGE OF ALLEGIANCE
MAYOR AND COUNCILMEMBERS ANNOUNCEMENTS & PRESENTATIONS
CLOSED SESSION REPORT
PUBLIC COMMENT PERIOD - Members of the audience wishing to address the Council
on City business matters (other than Public Hearing items under Section B) may do so at this
time.
To increase the effectiveness of the Public Comment Period, the following rules shall be
followed:
• When recognized by the Mayor, please come forward to the podium and state
your name and address for the record. Comments are to be limited to three
minutes.
• All remarks shall be addressed to Council, as a whole, and not to any individual
member thereof.
• The Council respectfully requests that you refrain from making slanderous,
profane or personal remarks against any elected official, commission and/or staff.
® • Please refrain from public displays or outbursts such as unsolicited applause,
comments or cheering.
• Any disruptive activities that substantially interfere with the ability of the City
Council to carry out its meeting will not be permitted and offenders will be
requested to leave the meeting.
• Your participation in City Council meetings is welcome and your courtesy will be
appreciated.
In compliance with the Americans with Disabilities Act, if you need special assistance to
participate in this -meeting, please contact the City Clerk, (805) 772-6205. Notification 24
hours prior to the meeting will enable the City to make reasonable arrangements to ensure
accessibility to this 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 CITY COUNCIL MINUTES FOR REGULAR MEETING OF
FEBRUARY 22, 2011; (ADMINISTRATION)
RECOMMENDATION: This item has been pulled from the agenda.
2
A-2 RESOLUTION NO. 14-11 ADOPTING MEMORANDUM OF UNDERSTANDING
WITH THE MORRO BAY POLICE OFFICERS ASSOCIATION;
® (ADMINISTRATIVE SERVICES)
RECOMMENDATION: Adopt Resolution No. 14-11.
A-3 RESOLUTION NO. 15-11 AUTHORIZING THE EXAMINATION OF SALES OR
TRANSACTIONS AND USE TAX RECORDS; (ADMINISTRATIVE SERVICES)
RECOMMENDATION: Adopt Resolution No. 15-11.
A4 RESOLUTION NO. 19-11 IDENTIFYING THE PAYMENT SCHEDULE AND
TRACKING OF FUNDS FOR THE REPAYMENT OF THE SALE OF THE
PACIFIC/MARKET STREET PROPERTIES; (CITY ATTORNEY)
RECOMMENDATION: Adopt Resolution No. 19-11.
A-5 PROCLAMATION DECLARING APRIL 2011 AS "AUTISM AWARENESS
MONTH"; (ADMINISTRATION)
RECOMMENDATION: Adopt Proclamation.
A-6 PROCLAMATION DECLARING THE 100-YEAR ANNIVERSARY OF
CALIFORNIA WOMEN HAVING THE RIGHT TO VOTE IN THE CITY OF
® MORRO BAY; (CITY COUNCIL)
RECOMMENDATION: Adopt Proclamation.
E
A-7 APPROVAL OF PARCEL MAP MB 08-0019 (285 MAIN ST.) WITH
ACCEPTANCE OF ASSOCIATED RIGHT-OF-WAY DEDICATION AND
ABANDONMENTS; (PUBLIC SERVICES)
RECOMMENDATION: Adopt Resolution No. 20-I1 approving the Parcel Map MB
09-0019 with the acceptance of associated Right -of -Way Dedication and
Abandonment.
B. PUBLIC HEARINGS. REPORTS & APPEARANCES
B-1 CONSIDERATION OF AN AMENDMENT TO MORRO BAY MUNICIPAL
CODE TITLE 5 ADDING CHAPTER 5.50 ESTABLISHING REGULATIONS
AND PROCEDURES ENTITLED "MEDICAL MARIJUANA COLLECTIVES
AND COOPERATIVES"; (CITY ATTORNEY)
RECOMMENDATION: Review the report and attached draft Regulations and
Procedures entitled "Medical Marijuana Collectives and Cooperatives", and
direct staff to return with an Ordinance for Introduction and First Reading with
any changes suggested by Council.
3
B-2 COUNCIL DIRECTION ON THE 2011/2012 CITY GOALS AND BUDGET
® PRIORITIES; (ADMINISTRATION)
RECOMMENDATION: Review the goals from 2010, the status of each goal, and
make a determination on any new goals for the upcoming year and/or
continuing existing goals.
C. UNFINISHED BUSINESS — NONE.
D. NEW BUSINESS
D-1 AWARD OF THE MARKETING AND ADVERTISING SERVICES CONTRACT;
(ADMINISTRATION)
RECOMMENDATION: Review the motion from the Community Promotions
Committee and the Tourism Business Improvement District Board which
recommended award of the Marketing and Advertising Services Contract to
TJA Advertising. Staff further recommends the City Council then make a final
determination on the contract award.
D-2 DISCUSSION OF THE GREEN BUILDING INCENTIVES PROGRAM; (PUBLIC
SERVICES)
RECOMMENDATION: Review the Green Building Incentives Program authorized by
® Resolution No. 24-09, and provides direction to staff.
E. DECLARATION OF FUTURE AGENDA ITEMS
11
F. 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.
MATERIALS RELATED TO AN ITEM ON THIS AGENDA SUBMITTED TO THE
CITY COUNCIL AFTER DISTRIBUTION OF THE AGENDA PACKET ARE
AVAILABLE FOR PUBLIC INSPECTION AT CITY HALL LOCATED AT 595
HARBOR STREET; MORRO BAY LIBRARY LOCATED AT 625 HARBOR
STREET; AND MILL'S COPY CENTER LOCATED AT 495 MORRO BAY
BOULEVARD DURING NORMAL BUSINESS HOURS.
F1
MINUTES - MORRO BAY CITY COUNCIL
® CLOSED SESSION — MARCH 8, 2011
CITY HALL CONFERENCE ROOM - 5:00 P.M.
Mayor Yates called the meeting to order at 5:00 p.m
PRESENT: William Yates
Mayor
Carla Borchard
Councilmember
Nancy Johnson
Councilmember
George Leage
Councilmember
Noah Smukler
Councilmember
STAFF: Andrea Lueker
City Manager
Robert Schultz
City Attorney
CLOSED SESSION
MOTION: Councilmember Borchard moved the meeting be adjourned to Closed Session.
The motion was seconded by Councilmember Johnson and unanimously
carried. (5-0)
Mayor Yates read the Closed Session Statement.
CS -I GOVERNMENT CODE SECTION 54957.6: CONFERENCE WITH LABOR
® NEGOTIATOR. Conference with City Manager, the City's Designated
Representative, for the purpose of reviewing the City's position regarding the terms
and compensation paid to the City Employees and giving instructions to the
Designated Representative.
CS-2 GOVERNMENT CODE SECTION 54956.8: REAL PROPERTY
TRANSACTIONS. Instructing City's real property negotiator regarding the price
and terms of payment for the purchase, sale, exchange, or lease of real property as to
2 parcels.
• Property: Embarcadero Grill - Lease Site 86-86W
Negotiating Parties: Caldwell and City of Morro Bay.
Negotiations: Lease Terms and Conditions.
• Property: Outrigger - Lease Site 87-88/87W-88W
Negotiating Parties: V. Leage and City of Morro Bay.
Negotiations: Lease Terms and Conditions.
Councilmember Leage left the meeting due to a conflict of interest on Item CS-2.
The meeting adjourned to Closed Session at 5:00 p.m. and returned to regular session at 5:45
p.m.
MOTION: Mayor Yates moved the meeting be adjourned. The motion was seconded by
® Councilmember Borchard and unanimously carried. (4-0)
The meeting adjourned at 5:45 p.m.
MINUTES - MORRO BAY CITY COUNCIL
® REGULAR MEETING — MARCH 8, 2011
VETERANS MEMORIAL HALL - 6:00 P.M.
Mayor Yates called the meeting to order at 6:05 p.m
PRESENT: William Yates
Mayor
Carla Borchard
Councilmember
Nancy Johnson
Councilmember
George Leage
Councilmember
Noah Smukler
Councilmember
STAFF: Andrea Lueker
Robert Schultz
Bridgett Kessling
Susan Lichtenbaum
Rob Livick
Tim Olivas
Mike Pond
Susan Slayton
Joe Woods
ESTABLISH QUORUM AND CALL TO ORDER
® MOMENT OF SILENCE
PLEDGE OF ALLEGIANCE
City Manager
City Attorney
City Clerk
Harbor Business Manager
Public Services Director
Police Chief
Fire Chief
Administrative Services Director
Recreation & Parks Director
MAYOR AND COUNCIL MEMBERS REPORTS, ANNOUNCEMENTS &
PRESENTATIONS
CLOSED SESSION REPORT - City Attorney Robert Schultz reported the City Council met
in Closed Session, and no reportable action under the Brown Act was taken.
PUBLIC COMMENT
Linda Williams, representing Morro Bay Beautiful, announced the City-wide Yard Sale
"Treasure Hunt Weekend" will be held April 2" d and 3nd.
Sharon Moore, owner of Virg's Fishing, stated Virg's has been in business in Morro Bay
since 1954 on the Embarcadero. She announced they are looking for a new location on the
Embarcadero to move their boats and tackle shop and will keep the City appraised of these
changes.
D'Onna Kennedy announced the Central Coast Veterans Support Group will hold its meeting
on the third Tuesday of each month at 6:00 p.m. and will be held at the Eagles Lodge in
Morro Bay.
Bill Martony expressed his appreciation that the improvement of the Morro Rock parking lot
® has been brought as a consideration by Council because it is the jewel of Morro Bay.
2
MINUTES - MORRO BAY CITY COUNCIL
® REGULAR MEETING — MARCH 8, 2011
Jaime Irons announced the 2nd Annual Trail Work Day will be held on March 20'b at Black
Mountain and Cerro Cabrillo to perform trail maintenance work in cooperation with the
California Parks and Recreation Department.
Peter Behman announced a "Luau Fundraiser" will be held on March 20d' at the Harbor Hut
to raise funds for the 0 of July festivities.
Chris Christianson, Morro Bay 4t° Vice -President, expressed thanks for the generous support
of the Tourism Business Improvement District Advisory Board, Community Promotions
Committee and Morro Bay Chamber of Commerce; because of this support they are well on
their way to guaranteeing the 4d' of July fireworks will be back again this year.
Gary Richard Arnold expressed displeasure with the direction the government is going
towards. He referred to the following website: freedomadvocates.org.
Jack McCurdy announced the Coastal Commission will be reviewing the Morro
Bay/Cayucos Sanitary District's Wastewater Treatment Plant upgrade project on March l id'
in Santa Cruz.
® David Nelson referred to an article in the Tribune regarding permit fees for solar panels
where a survey of local governments in San Luis Obispo County provided by the Sierra Club
showed a wide variation in permit fees charged to businesses to install solar power, and
Morro Bay's fees were amongst the highest in the County. He said the City should start
looking at renewable projects through the California Energy Commission. Mr. Nelson stated
the City should purchase the power plant on the Embarcadero and use it to provide renewable
energy.
Virginia Hiramatsu, representing Relay for Life, announced the team fundraiser for Relay for
Life will be a Bunco "Against Cancer" Party held on March 16d' at 6:00 p.m. at St.
Timothy's Church; and there will be a Community Kick -Off on March 24d' at 6:00 p.m. at
the Embarcadero Grill.
Ken Vesterfelt announced the first Emergency Vehicle Show will be held on April le on
Main and Morro Bay Boulevard. He also announced the Tip -a -Cop dinner will be held on
April 8t" at the Community Center.
Craig Schmidt. Chamber of Commerce CEO announced the Annual Chili Cook -Off and Beer
Fest will be held on March 12t° at the Community Center which a portion of the proceeds
will go towards the Morro Bay Community Foundation.
Janice Peters thanked those who supported Fundraiser Follies last weekend.
n
U
MINUTES- MORRO BAY CITY COUNCIL
® REGULAR MEETING — MARCH 8, 2011
Brian Stacy stated there was a federally -declared salmon disaster in September 2010 and the
federal government failed to fund it. He said there are a lot of fishermen who were not
allowed to catch salmon last year and the upcoming season may not be any better. He
requested the City Council consider sending a letter of support to the federal government to
make funds available for our local fishermen. Mr. Stacy also expressed concern with the
community fishing quota bought by the Nature Conservancy and then leased out.
Gary Hixson reviewed the roles he plays on Channel 2 including Jamie Summers on the
Biotronic Woman and the Gary Tyler Moore show. He also talked about various other topics.
Richard Margesten addressed public comment on agenda items and stated the law of the
State of the California supersedes the Mayor's way of handling this policy.
The following people addressed Item D-1 (Award of the Marketing and Advertising Services
Contract) and requested the City Council award the Marketing and Advertising Services
Contract to Barnett Cox & Associates in order to provide a different marketing strategy for
the City's tourism industry: John Solu, Shaun Farmer, Harold Biaggini, Bill Shewchek, Stan
Trapp, and Len Wilhitte.
® The following people addressed Item D-1 and requested the City Council award the
Marketing and Advertising Services Contract to TJA Advertising in order to maintain the
quality in marketing solutions that has been provided the City for the past 15 years: Mike
Casola, Janice Peters, Susan Stewart, Ed Krovitz and Bill Stafford.
Jayne Behman, Tourism Business Improvement District Advisory Board Member, stated she
felt obligated at the joint Community Promotions Committee/Tourism Business
Improvement District Advisory Board meeting to make a decision and yet did not have
sufficient time to digest the information provided. She said when an independent
contractor's contract is up for renewal, an audit should be conducted that would indicate a
correlation between performance and cost. Ms. Behman stated in speaking with other
hoteliers and personnel from the Visitor Center and Chamber of Commerce she found the
City's infrastructure is inadequate to support any marketing firms, and the hoteliers do not
want an increase in their tax structure. She requested the City Council not approve either of
these contracts at this time.
John Sorgenfrei, TJA Advertising, stated he is available to answer any questions relating to
Item D-1.
John Barta addressed Item D-1 stating Council should consider putting out a narrower
request for proposal that is focused solely on an analysis on the City's tourist assets, the
City's existing market and competitor's market and the City's preferred market, and how to
® reach each of those in the future. Mr. Barta urged the City Council not to choose either
contract tonight.
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® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — MARCH 8, 2011
Mayor Yates closed the hearing for public comment.
Mayor Yates called for a break at 7:30 p.m.; the meeting resumed at 7:40 p.m.
A. CONSENT CALENDAR
Unless an item is pulled for separate action by the City Council, the following actions are
approved without discussion.
A-1 APPROVAL OF CITY COUNCIL M 4UTES FOR REGULAR MEETING OF
FEBRUARY 22, 2011; (ADMINISTRATION)
RECOMMENDATION: This item has been pulled from the agenda.
A-2 RESOLUTION NO. 14-11 ADOPTING MEMORANDUM OF UNDERSTANDING
WITH THE MORRO BAY POLICE OFFICERS ASSOCIATION;
(ADMINISTRATIVE SERVICES)
RECOMMENDATION: Adopt Resolution No. 14-11.
A-3 RESOLUTION NO. 15-11 AUTHORIZING THE EXAMINATION OF SALES OR
TRANSACTIONS AND USE TAX RECORDS; (ADMINISTRATIVE SERVICES)
RECOMMENDATION: Adopt Resolution No. 15-11.
A4 RESOLUTION NO. 19-11 IDENTIFYING THE PAYMENT SCHEDULE AND
TRACKING OF FUNDS FOR THE REPAYMENT OF THE SALE OF THE
PACIFIC/MARKET STREET PROPERTIES; (CITY ATTORNEY)
RECOMMENDATION: Adopt Resolution No. 19-11.
A-5 PROCLAMATION DECLARING APRIL 2011 AS "AUTISM AWARENESS
MONTH"; (ADMINISTRATION)
RECOMMENDATION: Adopt Proclamation.
A-6 PROCLAMATION DECLARING THE 100-YEAR ANNIVERSARY OF
CALIFORNIA WOMEN HAVING THE RIGHT TO VOTE IN THE CITY OF
MORRO BAY; (CITY COUNCIL)
® RECOMMENDATION: Adopt Proclamation.
W
MINUTES - MORRO BAY CITY COUNCIL
® REGULAR MEETING — MARCH 8, 2011
A-7 APPROVAL OF PARCEL MAP MB 08-0019 (285 MAIN ST.) WITH
ACCEPTANCE OF ASSOCIATED RIGHT-OF-WAY DEDICATION AND
ABANDONMENTS; (PUBLIC SERVICES)
RECOMMENDATION: Adopt Resolution No. 20-11 approving the Parcel Map MB
09-0019 with the acceptance of associated Right -of -Way Dedication and
Abandonment.
Mayor Yates requested to pull Item A-6 from the Consent Calendar.
MOTION: Councilmember Johnson moved the City Council approve the Consent
Calendar with the exception of Item A-6. The motion was seconded by
Councilmember Borchard and carried unanimously. (5-0)
A-6 PROCLAMATION DECLARING THE 100-YEAR ANNIVERSARY OF
CALIFORNIA WOMEN HAVING THE RIGHT TO VOTE IN THE CITY OF
MORRO BAY; (CITY COUNCIL)
Mayor Yates pulled this proclamation in order to make a presentation.
MOTION: Councilmember Johnson moved the City Council approve Item A-6 of the
Consent Calendar. The motion was seconded by Councilmember Borchard
and carried unanimously. (5-0)
B. PUBLIC HEARINGS. REPORTS & APPEARANCES
B-1 CONSIDERATION OF AN AMENDMENT TO MORRO BAY MUNICIPAL
CODE TITLE 5 ADDING CHAPTER 5.50 ESTABLISHING REGULATIONS
AND PROCEDURES ENTITLED "MEDICAL MARIJUANA COLLECTIVES
AND COOPERATIVES'; (CITY ATTORNEY)
City Attorney Robert Schultz stated in 1996 California voters enacted Proposition 215, the
Compassionate Use Act, which protects qualified patients and their primary caregivers from
prosecution under California laws for possession or cultivation of marijuana to treat serious
illness pursuant to a doctor's recommendation. Several years later, in 2003, the state
legislature enacted implementing legislation to allow qualified patients and caregivers to
obtain identification cards that insulate them from arrest for cultivation and/or use of
marijuana for authorized medical purposes. Although dispensaries are not expressly
authorized under these laws, many individuals have used these laws as the legal backdrop to
set up medical marijuana dispensaries where qualified patients and caregivers could purchase
marijuana for medical use. In June 2005, Staff recommended to the City Council that they
enact an interim urgency ordinance imposing a moratorium on medical marijuana
dispensaries until Staff had an opportunity to propose regulations.
R
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — MARCH 8, 2011
The interim urgency ordinance was not adopted by City Council and Staff was directed to
allow medical marijuana dispensaries pursuant to our current municipal code. Pursuant to
Council direction, medical marijuana dispensaries were allowed in the City of Morro Bay in
the C-1 District by obtaining a business license and with a minor use permit in the MCR
District under the category of "drugs". Based upon Council's action, in 2006, the City
approved a Medical Marijuana Dispensary at 780 Monterey Street. This location was in the
General Commercial zoning district. Staff issued a business license since the sale of drugs (in
this case medical marijuana) was an allowable use in the General Commercial zoning district.
In 2007, an application was received for the establishment of a Medical Marijuana
Dispensary at 2840 Main Street. This location is in the Mixed Commercial/Residential
zoning district, so a minor use permit was required. Staff issued a minor use permit since the
sale of drugs (in this case medical marijuana) was an allowable use in the Mixed
Commercial/Residential zoning district. The minor use permit was appealed to the Planning
Commission. While the appeal was pending, the City Council declared a moratorium on
medical marijuana dispensaries. In 2008, after reviewing the current status of federal and
state law and the associated risks and possible consequences of establishing an ordinance
allowing medical marijuana dispensaries, the City Council instructed the City Attorney to
prepare an ordinance that would eliminate the possibility of storefront medical marijuana
® sales in the City. Pursuant to Council's direction, Ordinance No 547 was enacted in 2009.
In 2010, the City Council expressed interest in considering an ordinance that would establish
provisions for locating and regulating medical marijuana dispensaries (MMDs) within the
City of Morro Bay and directed the City Attorney to form a subcommittee to develop a draft
ordinance regulating medical marijuana dispensaries. The subcommittee has met on
numerous occasions to develop a possible approach to locating and regulating MMDs which
entails specifying the zoning districts in which MMDs may be established and developing
regulations governing the procedures to be followed in applying for, permitting, revoking and
renewing a license required to operate an MMD. Mr. Schultz recommended the City Council
review the report and attached draft Regulations and Procedures entitled "Medical Marijuana
Collectives and Cooperatives", and direct staff to return with and Ordinance for Introduction
and First Reading with any changes suggested by Council.
u
Mayor Yates opened the hearing for public comment.
Betty Winholtz requested clarification on several issues such as permits fees, how many
dispensaries will be allowed, the distance between a dispensary and a receptor site, how
much medical marijuana will be allowed to be purchased, and ownership of dispensaries.
She expressed concern that the background checks would only be performed on the owner
and/or manager of the dispensary; she feels they should also be performed on all personnel
and volunteers.
7
MINUTES - MORRO BAY CITY COUNCIL
® REGULAR MEETING — MARCH 8, 2011
Ken Vesterfelt stated Sheriff Ian Parkinson is investigating all the current rules and
regulations on medical marijuana dispensaries, and perhaps the City Council may want to
consider waiting to hear his perspective and the federal regulations.
David Nelson stated it is extortion to charge a sales tax on medication, such as medical
marijuana.
John Barta stated this is a controversial issue; however, the people spoke on this issue at the
last election and Council needs to implement that decision. He said Council has considerable
discretion based on a comprehensive report written by the City Attorney, and to remember
there continues to be a conflict with federal law that may have to be dealt with in the future.
Chris James expressed support for allowing those who have medical needs to be able to have
safe access to medical marijuana.
Rich Donald, Chairman of the San Luis Obispo Chapter of Americans for Safe Access,
referred to a recent court decision wherein the Appellate Court believes California has the
right to have medical marijuana sales. He also stated there should not be a limit on how many
dispensaries are allowed if the appropriate location is available.
® Rennie Wilson stated it is imperative to have a sales tax, as well as an additional tax because
of the cost that will be incurred by the City. She said the City should make this a two-part
ordinance where the City has a selection process for the dispensary, and then select the
appropriate zoning of where the dispensary should be located. Ms. Wilson stated the
ordinance should tie the dispensary to the property.
n
Linda Hill, Board Member of the San Luis Obispo Chapter of Americans for Safe Access,
commended Council for their compassion and support for this worthy cause.
Mayor Yates closed the hearing for public comment.
Mayor Yates expressed his support on moving forward with this Ordinance. He stated he is
in support of receiving input from the Sheriff on this matter; however, he would like the City
to continue with the process.
Councilmember Johnson stated she would like to wait to receive the County Sheriff's report
before moving forward with the City's Ordinance. She also said a key component is to
receive feedback from the City's Police Chief. Councilmember Johnson stated she recognizes
that due to the election results that the Ordinance must go forward; however, there are so
many concerns that must be addressed before moving forward with this Ordinance.
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MINUTES - MORRO BAY CITY COUNCIL
® REGULAR MEETING — MARCH 8, 2011
Councilmember Borchard stated she has many concerns along with not knowing what the
Sheriff's enforcement is going to be on this issue. She said the City has very limited
resources for monitoring a collective dispensary. Councilmember Borchard stated she is not
supportive of moving forward until these concerns have been alleviated.
Councilmember Leage stated there are so many unknowns and he would like to put this issue
on hold until there are more answers from the County and federal government.
Councilmember Smukler stated he is interested in the Sheriff Department's comments. He
suggested discussing key policy issues such as crime, primary care status, and regulating
quantities. Councilmember Smukler stated he would like Council to direct the City Attorney
to pursue this issue with the Sheriff. He suggested issues for a selection committee to review
are local sourcing elements and quality control, working with the Sheriff's Department,
potential City costs and impacts and developing a plan to cover these costs, and the review of
quantity limits. Councilmember Smukler stated a City map and buffer zones would be
helpful in the review of potential locations.
Council had consensus that they did not want to be involved in the selection committee; the
City Manager would be in charge of appointing the selection committee members who
should be key City employees.
Council requested the City Attorney return this item to the City Council as a draft within 45
days or less.
No further action was taken on this item.
B-2 COUNCIL DIRECTION ON THE 2011/2012 CITY GOALS AND BUDGET
PRIORITIES; (ADMINISTRATION)
City Manager Andrea Lueker stated in November 2007, the City Council determined that
conducting an annual Goal Setting Process was an important part of strategic planning for the
City of Morro Bay. As a result in June 2008, the City Council held their first workshop, and
has continued the process each year. It is anticipated that if the City of Morro Bay continues
with the goals that were established last year, including the direction on pension reform, staff
is confident that it can bring to the City Council a structurally sustainable balanced budget.
However, since the major revenue sources for the City are fairly stable, including a slight
increase in both the Transient Occupancy Tax and Property Tax and flat Sales Tax figures,
the biennial budget is not anticipated to have significant additional and available funding
above and beyond previous years. Ms. Lueker recommended the City Council review the
goals from 2010, the status of each goal, and makes a determination on any new goals for the
upcoming year and/or continuing existing goals. It is further recommended the City Council
provide input to staff on budget priorities based on the stated goals in order for the initial
preparation of the 2011-2013 biennial budget documents.
MINUTES - MORRO BAY CITY COUNCIL
Is REGULAR MEETING — MARCH 8, 2011
Mayor Yates opened the hearing for public comment.
David Nelson stated he has not seen any real street repairs other than patching in the last 10
years. He said the infrastructure should be set as a higher priority.
John Barta stated it would cost tens of millions of dollars to repair the streets in the City. He
said the City needs to work on bringing in more revenue into the City.
Mayor Yates closed the hearing for public comment.
Councilmember Smukler stated he hopes the City continues with the priority goals of
developing and maintaining a structurally sustainable budget, and maintaining the City's
infrastructure. He said he would like to continue with the consideration of a capital plan to
stay organized, a five-year budget plan, and a pavement management plan. Councilmember
Smukler stated more effort is needed revolving around the urban forest, which requires a
better plan. He said it is time to focus on volunteerism and form a sub -committee relating to
the City's transit program. Councilmember Smukler stated a strategy plan needs to be
developed on how to resolve the challenge on the General Plan/Local Coastal Plan.
® Council consensus was to refer the Urban Forest Management Plan as a low priority goal to
the Public Works Advisory Board and Recreation & Parks Commission.
Council consensus was to appoint Councilmember Borchard and Councilmember Smukler to
serve as the transit sub -committee to meet with staff.
City Attorney Robert Schultz stated the review of the General Plan/Local Coastal Plan
update will be before the City Council within the next few months.
Councilmember Johnson stated she would like to see a five-year budget and long-range
planning. She said the City needs to look at an Economic Development Plan to bring in
some money.
Councilmember Borchard stated she supports long-range strategic planning however she has
concerns with the present economy. She said the City has taken great strides in selling the
City property on Market Street, and creating a Facility Maintenance Fund.
Mayor Yates stated it is impossible to project future expenditures with this economy
Administrative Services Director Susan Slayton stated in this current economy, planning a
budget more than two years ahead would be very difficult. She said some departments are
creating long-range capital project plans.
® No action was taken on this item.
[to]
® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — MARCH 8, 2011
11
Mayor Yates called for a break at 9:30 p.m.; the meeting resumed at 9:40 p.m
UNFINISHED BUSINESS — None.
D. NEW BUSINESS
D-1 AWARD OF THE MARKETING AND ADVERTISING SERVICES CONTRACT;
(ADMINISTRATION)
City Manager Andrea Lueker stated the City of Morro Bay has gone through an extensive
Request for Proposal (RFP) process which was reviewed at the Special Joint Meeting of the
Community Promotions Committee (CPC) and the Tourism Business Improvement District
Advisory Board (TBID) held on March 1, 2011. At that meeting, both the CPC and TBID,
by a vote of 4-2, recommended the City Council award the Marketing and Advertising
Services Contract to TJA Advertising. Ms. Lueker recommended the City Council review
the recommendations from both the CPC and TBID and makes a final determination on the
award of contract.
Mayor Yates stated based on the vote of the Community Promotions Committee and Tourism
Business Improvement District Advisory Board at the March I" meeting and their
recommendation he expressed his support for TJA Advertising.
Councilmember Borchard stated it was not a unanimous vote of the two boards on March 1'`.
She said based on the last 18 months, she does not feel the City has received a measurable
rate of return in marketing advertising. Councilmember Borchard stated she supports a more
innovative approach and moving forward in a different way with social media.
Councilmember Johnson suggested starting over with a new request for proposal and find out
where the City's target audience is. She said she would like to know more about the
relationship between the City, the Community Promotions Committee, Tourism Business
Improvement District Advisory Board and the Visitor Center.
Councilmember Leage stated he agrees the City should start over and submit a new request
for proposal. He said the City is in no better shape than it was years ago and the targeting
has been very poorly done.
Councilmember Smukler stated he supports maintaining a three-year revolving request for
proposal process. He said he is inclined towards the Barnett Cox & Associates proposal
however he still has concerns with the cost. Councilmember Smukler stated he would prefer
more dialogue on this issue before making a decision.
11
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — MARCH 8, 2011
MOTION: Councilmember Borchard moved the City Council award the Marketing and
Advertising Services Contract to Barnett Cox & Associates. The motion was
seconded by Councilmember Leage and carried with Mayor Yates voting no.
(4-1)
D-2 DISCUSSION OF THE GREEN BUILDING INCENTIVES PROGRAM; (PUBLIC
SERVICES)
Public Services Director Rob Livick stated the "Green Building Incentive Program" was
approved by City Council on May 26, 2009 by Resolution No. 24-09. The program was initiated
to reward project proponents committed to implementing either broad or focused sustainability
measures. Fee rebates vary depending on the level of commitment and/or beneficial outcomes.
Integration of green building features into development projects can potentially generate energy,
water and materials efficiencies, resulting in reduced operating costs of 20-80% over the life of
the building. Reduced operating costs generate increased cash flow, which helps free capital for
other investments. Although from a financial standpoint the incentive program is not sustainable
without some source of outside funding, Staff does not anticipate a significant increase in rebate
requests. Mr. Livick recommended the City Council continue the program, and direct staff to
provide an annual update memo to the City Council.
Council consensus was in support to continue the Green Building Incentives Program, and
direct staff to provide an annual update memo to the City Council. Council further directed staff
to return with a Master Fee Schedule amendment comprised of a formula for deducting the cost
for the non -inspected components of the solar photovoltaic system.
No further action was taken on this item.
E. DECLARATION OF FUTURE AGENDA ITEMS — None.
ADJOURNMENT
The meeting adjourned at 10:25 p.m.
Recorded by:
Bridgett Kessling
City Clerk
E
12
City of Morro Bay
City Council Agenda
Mission Statement
The City of Morro Bay is dedicated to the preservation and enhancement of the quality
of life The City shall be committed to this purpose and will provide a level of
municipal service and safety consistent with and responsive to the needs of the public.
CITY COUNCIL/PLANNING COMMISSION.
JOINT MEETING
TUESDAY FEBRUARY 22, 2011
VETERANS MEMORIAL HALL - 5:00 P.M.
209 SURF ST., MORRO BAY, CA
I. ESTABLISH QUORUM AND CALL MEETING TO ORDER
® II. PLEDGE OF ALLEGIANCE
M. DUTIES AND RESPONSIBILITIES
Pursuant to the Municipal Code Section 2.28.120 D., the Planning
Commission shall meet with City Council twice each year to discuss
proposed policies, programs, goals and objectives, budgeting, future
planning, or any other planning matter requiring joint deliberation.
W. PUBLIC COMMENT PERIOD - Members of the audience wishing to
address the Council and Planning Commission on matters on this special
meeting agenda may do so at this time.
V. JOINT MEETING DISCUSSION ITEMS
• Staff presentation regarding the status Local Coastal Plan/General Plan
and Zoning Ordinance
• City Attorney Presentation of Informational Material Distributed to the
Planning Commissioners
• Discussion of Planning Commission Roles and Responsibilities
VI. ADJOURNMENT — This meeting will adjourn to the regularly scheduled City
Council meeting.
® REGULAR CITY COUNCIL MEETING
TUESDAY, FEBRUARY 22, 2011
VETERANS MEMORL4,L HALL - 6:00 P.M.
209 SURF ST., MORRO BAY, CA
ESTABLISH QUORUM AND CALL TO ORDER
MOMENT OF SILENCE
PLEDGE OF ALLEGIANCE
MAYOR AND COUNCILMEMBERS ANNOUNCEMENTS & PRESENTATIONS
CLOSED SESSION REPORT
PUBLIC COMMENT PERIOD - Members of the audience wishing to address the
Council on City business matters (other than Public Hearing items under Section B) may
do so at this time.
To increase the effectiveness of the Public Comment Period, the following rules shall be
followed:
• When recognized by the Mayor, please come forward to the podium and state
your name and address for the record. Comments are to be limited to three
minutes.
• All remarks shall be addressed to Council, as a whole, and not to any
® individual member thereof.
• The Council respectfully requests that you refrain from making slanderous,
profane or personal remarks against any elected official, commission and/or
staff.
• Please refrain from public displays or outbursts such as unsolicited applause,
comments or cheering.
• Any disruptive activities that substantially interfere with the ability of the City
Council to carry out its meeting will not be permitted and offenders will be
requested to leave the meeting.
• Your participation in City Council meetings is welcome and your courtesy
will be appreciated.
In compliance with the Americans with Disabilities Act, if you need special assistance to
participate in this meeting, please contact the City Clerk, (805) 772-6205. Notification 24
hours prior to the meeting will enable the City to make reasonable arrangements to ensure
accessibility to this meeting.
A. CONSENT CALENDAR
Unless an item is pulled for separate action by the City Council, the following actions are
approved without discussion.
11
A-1 APPROVAL OF CITY COUNCIL MINUTES FOR REGULAR MEETING OF
® FEBRUARY 8, 2011; (ADMINISTRATION)
RECOMMENDATION: Approve as submitted.
A-2 RESOLUTION NO. 14-11 ADOPTING MEMORANDUM OF
UNDERSTANDING WITH THE MORRO BAY POLICE OFFICERS
ASSOCIATION; (ADMINISTRATIVE SERVICES)
RECOMMENDATION: Adopt Resolution No. 14-11.
A-3 RESOLUTION NO. 15-11 AUTHORIZING THE EXAMINATION OF SALES
OR TRANSACTIONS AND USE TAX RECORDS; (ADMINISTRATIVE
SERVICES)
RECOMMENDATION: Adopt Resolution No. 15-11.
A4 RESOLUTION RECOGNIZING THE MONTEREY CYPRESS AS THE
OFFICIAL CITY TREE; (PUBLIC SERVICES)
RECOMMENDATION: Adopt Resolution No. 18-11.
A-5 AUTHORIZATION FOR ATTENDANCE AT THE C-MANC ANNUAL
® WASHINGTON D.C. MEETING; (HARBOR)
RECOMMENDATION: Approve authorization for a two -person delegation to
attend the California Marine Affairs and Navigation Conference Washington
Week meetings scheduled for March 22 - March 24, 2011.
A-6 ADOPT RESOLUTION NO. 16-11 APPROVING SUBMISSION OF
PROPOSITION 113 PUBLIC TRANSPORTATION MODERNIZATION,
IMPROVEMENT AND SERVICE ENHANCEMENT ACCOUNT GRANT
APPLICATION; (PUBLIC SERVICES)
RECOMMENDATION: Adopt Resolution No. 16-11.
A-7 PROCLAMATION DECLARING FEBRUARY 2011 AS "GRAND JURY
AWARENESS MONTH"; (ADMINISTRATION)
RECOMMENDATION: Adopt Proclamation.
B. PUBLIC HEARINGS REPORTS & APPEARANCES
B-1 APPROVAL OF RESOLUTION 17-11 DESIGNATING $500,000 IN PARKING
IN -LIEU FUNDS FOR FORTY (40) PARKING SPACES AT 714
EMBARCADERO; (CITY ATTORNEY)
® RECOMMENDATION: Adopt Resolution No. 17-11.
3
® C. UNFINISHED BUSINESS
C-1 UPDATE ON MORRO BAY TRANSIT AND APPROVE REVISING CALL -A -
RIDE ELIGIBILITY POLICY; (PUBLIC SERVICES)
RECOMMENDATION: Receive the update on Morro Bay Transit; and approve
revising the Call -A -Ride eligibility policy to include all members of the
general public, effective February 23, 2011.
D. NEW BUSINESS
D-1 APPROVE. PARTNERSHIP WITH MORRO BAY COMMUNITY
FOUNDATION TO SELL TROLLEY ADVERTISING FOR THE 2011
SEASON AND AMEND MASTER FEE SCHEDULE; (PUBLIC SERVICES)
RECOMMENDATION: Approve entering into the trolley advertising program
partnership with the Morro Bay Community Foundation; and, amend the
Master Fee Schedule.
D-2 APPROVAL TO SEND LETTER TO THE CITY SELECTION COMMITTEE
RECOMMENDING THE SELECTION OF MARY ANN REISS AS
THE NOMINEE FOR APPOINTMENT TO THE CALIFORNIA COASTAL
® COMMISSION; (CITY COUNCIL)
RECOMMENDATION: Approve sending recommendation letter to San Luis
Obispo County City Selection Committee.
r
E. DECLARATION OF FUTURE AGENDA ITEMS
F. 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.
MATERIALS RELATED TO AN ITEM ON THIS AGENDA SUBMITTED TO
THE CITY COUNCIL AFTER DISTRIBUTION OF THE AGENDA PACKET
ARE AVAILABLE FOR PUBLIC INSPECTION AT CITY HALL LOCATED AT
595 HARBOR STREET; MORRO BAY LIBRARY LOCATED AT 625 HARBOR
STREET; AND MILL'S COPY CENTER LOCATED AT 495 MORRO BAY
BOULEVARD DURING NORMAL BUSINESS HOURS.
4
® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — FEBRUARY 22, 2011
VETERANS MEMORIAL HALL - 6:00 P.M.
Mayor Yates called the meeting to order at 6:30 p.m
PRESENT: William Yates
Mayor
Carla Borchard
Councilmember
Nancy Johnson
Councilmember
George Leage
Councilmember
Noah Smukler
Councilmember
STAFF: Andrea Lueker
City Manager
Robert Schultz
City Attorney
Jamie Boucher
Deputy City Clerk
Eric Endersby
Harbor Operations Manager
Susan Lichtenbaum
Harbor Business Manager
Rob Livick
Public Services Director
Tim Olivas
Police Chief
Mike Pond
Fire Chief
Joe Woods
Recreation & Parks Director
® ESTABLISH QUORUM AND CALL TO ORDER
MOMENT OF SILENCE
PLEDGE OF ALLEGIANCE
MAYOR AND COUNCIL MEMBERS REPORTS,
ANNOUNCEMENTS &
PRESENTATIONS
CLOSED SESSION REPORT — there was no Closed Session report.
PUBLIC COMMENT
Mimi Kalin, representing the San Luis Obispo County Grand Jury referred to Item A-7
(Proclamation Declaring February 2011 as "Grand Jury Awareness Month") and thanked
the City Council for placing this Proclamation on the agenda to raise awareness about the
Grand Jury. She reviewed the duties of the Grand Jury and noted the deadline to apply
for a seat on next year's Grand Jury is March 18, 2011.
The following people spoke on the City's Wastewater Treatment Plant upgrade project
and the California Coastal Commission's response to the appeal on this project: Jack
McCurdy, David Nelson, Richard Sadowski, and Richard Margesten.
Barbara Doerr addressed Item A-2 (Resolution No. 14-11 Adopting Memorandum of
Understanding with the Morro Bay Police Officers Association) and requested
clarification on compensation to the POA. She stated it seems better to directly provide
® pay increases rather than approve somewhat hidden monetary benefits.
® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — FEBRUARY 22, 2011
Ms. Doerr also addressed Item A-5 (Authorization for Attendance at the C-MANC
Annual Washington D.C. Meeting) stating she reviewed the City's budget and could not
fmd its travel policy for City staff and elected officials; she requested the budget provide
more detail. She recommended the City eliminate funding for travel and provide
improved City services.
Joan Solu, representing the Morro Bay Community Foundation, announced the 22°d
Annual Dixon's Spaghetti Feed Dinner Fundraiser will be held on Friday, March 25 th
.
She also referred to Item D-1 (Approve Partnership with Morro Bay Community
Foundation to Sell Trolley Advertising for the 2011 Season and Amend Master Fee
Schedule) stating the partnership. with the Community Foundation would be very
beneficial to the City. Ms. Solu stated Del Mar Elementary School, the only elementary
school in the City, has been acknowledged as a California Distinguished School.
Marla Jo Bruton addressed Item A-5 and queried the Council regarding an out of state
trip to visit medical marijuana dispensaries. She also referred to the last Morro
® Bay/Cayucos JPA meeting and the discussion regarding a proposal to hire a lobbyist and
that Mayor Yates and Robert Erns would converse with the staff of the lobbyist and
present a report to the public. She said she finds this to be a blurry line in the Brown Act
as far as elected officials becoming involved in staffs business. Ms. Bruton referred to
Item D-2 (Approval to Send Letter to the City Selection Committee Recommending the
Selection of Mary Ann Reiss as the Nominee for Appointment to the California Coastal
Commission) and asked how the determination was made for the recommended
appointment.
Keith Taylor, Friend of the Fire Department, gave an update on Phase 2 of the Fire
Department renovations.
Virginia Hiramatsu, representing Relay for Life, announced the team fundraiser for Relay
for Life will be a Bunco "Against Cancer' Party held on March 161h at 6:00 p.m. at St.
Timothy's Church; there will be a Community Kick -Off on March 24a' at 6:00 p.m. at the
Embarcadero Grill; and the P Annual Relay for Life event is the first weekend in August
at Morro Bay High School.
Craig Schmidt, CEO for the Morro Bay Chamber of Commerce, announced the Chamber
of Commerce Chili Cook -Off and Beer Fest will be held on Saturday, March 12a' from
noon — 5:00 p.m. at the Morro Bay Community Center.
2
® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — FEBRUARY 22, 2011
Janice Peters stated working with the California Coastal Commission is a process of
education, information and negotiations and a lobbyist for the City comes in helpful for
the City when staff is not available to attend meetings. She also addressed Item D-2 and
expressed her support for the appointment of Mary Ann Reiss to the Coastal
Commission. Ms. Peters also announced Fundraiser Follies "Divas & Crooners" would
be held this weekend, February 26 & 27, doors open at 6:30 p.m. at the Morro Bay
Community Center.
Dan Glesmann addressed Item A-2 stating as a responsible employer, the City has a duty
to partner with its current employees to develop and provide for sustainable pensions; in
turn the City Council also has a responsibility to its citizens to develop and maintain
sustainable budgets in order to deliver vital public services. He said at this time the
largest threat to a sustainable budget is the escalating employee benefit costs. Mr.
Glesmann stated the request in the Memorandum of Understanding with the Police
Officers Association represents a need to increase by an uncertain amount with no
economic concessions in return.
® Garry Johnson stated he attended the Coastal Commission meeting when they reviewed
the City's boardwalk, and he felt the Commission was disrespectful to those who
addressed them. He also noted there was disrespect shown by a member of the public
who was not in favor of the boardwalk.
Anne Reeves asked if the Council meetings are going to become a platform to land blast
people.
Gary Hixson stated he has the Gary Hixson Show which airs three days per week.
Mayor Yates closed the hearing for public comment.
A. CONSENT CALENDAR
Unless an item is pulled for separate action by the City Council, the following actions are
approved without discussion.
A-] APPROVAL OF CITY COUNCIL MINUTES FOR REGULAR MEETING OF
FEBRUARY 8, 2011; (ADMINISTRATION)
RECOMMENDATION: Approve as submitted.
2
3
® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — FEBRUARY 22, 2011
A-2 RESOLUTION NO. 14-11 ADOPTING MEMORANDUM OF
UNDERSTANDING WITH THE MORRO BAY POLICE OFFICERS
ASSOCIATION; (ADMINISTRATIVE SERVICES)
RECOMMENDATION: This item was pulled from the agenda.
A-3 RESOLUTION NO. 15-11 AUTHORIZING THE EXAMINATION OF SALES
OR TRANSACTIONS AND USE TAX RECORDS; (ADMINISTRATIVE
SERVICES)
RECOMMENDATION: This item was pulled from the agenda.
A4 RESOLUTION RECOGNIZING THE MONTEREY CYPRESS AS THE
OFFICIAL CITY TREE; (PUBLIC SERVICES)
RECOMMENDATION: Adopt Resolution No. 18-11.
A-5 AUTHORIZATION FOR ATTENDANCE AT THE C-MANC ANNUAL
® WASHINGTON D.C. MEETING; (HARBOR)
RECOMMENDATION: Approve authorization for a two -person delegation to
attend the California Marine Affairs and Navigation Conference Washington
Week meetings scheduled for March 22 - March 24, 2011.
A-6 ADOPT RESOLUTION NO. 16-11 APPROVING SUBMISSION OF
PROPOSITION 1B PUBLIC TRANSPORTATION MODERNIZATION,
IMPROVEMENT AND SERVICE ENHANCEMENT ACCOUNT GRANT
APPLICATION; (PUBLIC SERVICES)
RECOMMENDATION: Adopt Resolution No. 16-11.
A-7 PROCLAMATION DECLARING FEBRUARY 2011 AS "GRAND JURY
AWARENESS MONTH"; (ADMINISTRATION)
RECOMMENDATION: Adopt Proclamation.
Councilmember Johnson pulled Item A-6 from the Consent Calendar.
MOTION: Councilmember Johnson moved the City Council approve Items A-1, A4
A-5 and A-7 of the Consent Calendar. The motion was seconded by
® Councilmember Borchard and carried unanimously. (5-0)
n
® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — FEBRUARY 22, 2011
A-6 ADOPT RESOLUTION NO. 16-11 APPROVING SUBMISSION OF
PROPOSITION 1B PUBLIC TRANSPORTATION MODERNIZATION,
IMPROVEMENT AND SERVICE ENHANCEMENT ACCOUNT GRANT
APPLICATION; (PUBLIC SERVICES)
Councilmember Johnson requested clarification regarding the fiscal impact noted in the staff
report.
Management Analyst Janeen Burlingame responded there is no cost to the application
process of the grant; she noted costs will come later in the process of the project.
Councilmember Johnson clarified that this approval is for the grant application only.
MOTION: Councilmember Johnson moved the City Council approve Item A-6 of the
Consent Calendar. The motion was seconded by Mayor Yates and carried
unanimously. (5-0)
B. PUBLIC HEARINGS, REPORTS & APPEARANCES
is B-1 APPROVAL OF RESOLUTION 17-11 DESIGNATING $500,000 IN PARKING
IN -LIEU FUNDS FOR FORTY (40) PARKING SPACES AT 714
EMBARCADERO; (CITY ATTORNEY)
City Attorney Robert Schultz stated parking -in -lieu fees were established and codified as
Morro Bay Municipal Code Section 17.44.020(a7), as a means through which public
parking can be provided where it is unfeasible to provide such parking as part of on -site
development projects. In 2001, the City purchased the property located at the northeast
comer of Market Avenue and Pacific Street for $500,000 using parking -in -lieu funds.
The property at the northeast comer of Market Avenue and Pacific Street provided the
City with 40 public parking spaces. In 2002, the City purchased the property located at
714 Embarcadero which currently provides the City with 60 parking spaces. The funds
for this purchase, however, were not taken from the parking -in -lieu fund since the City
was not sure ultimately what the long term use for this property would be. In 2009, the
City Council determined that the property at the northeast comer of Market Avenue and
Pacific Street was underutilized because of its location away from the Embarcadero and
Downtown area and has recently sold the property. Now that the property at the comer
of Pacific and Market has been sold, it is necessary to designate a project for the use of
the $500,000 in -lieu parking fee fund consistent with the requirements of said Section
17.44.020 A7 and Government Code Section 66001(d). Since the property located at 714
Embarcadero was purchased using general funds and currently provides the City with 60
® parking spaces that are unencumbered by the parking in -lieu fund, the City can designate
40 parking spaces at 714 Embarcadero as a project for parking in -lieu funds.
® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — FEBRUARY 22, 2011
Mr. Schultz recommended the City Council adopt Resolution No. 1.7-11 designating
$500,000 in parking -in -lieu funds for 40 parking spaces at 714 Embarcadero.
Mayor Yates opened the hearing for public comment.
Barbara Doerr suggested using these funds for needed parking in the City.
Mayor Yates closed the hearing for public comment.
MOTION: Councilmember Smukler moved the City Council adopt Resolution No. 17-
11 designating $500,000 in parking -in -lieu funds for 40 parking spaces at
714 Embarcadero; and, direct staff to return with a resolution with a
payment schedule for the proceeds of the sale of the Market/Pacific Street
properties with Council's managerial policy for those funds. The motion
was seconded by Councilmember Borchard and carried unanimously. (5-0)
C. UNFINISHED BUSINESS
C-1 UPDATE ON MORRO BAY TRANSIT AND APPROVE REVISING CALL-A-
0 RIDE ELIGIBILITY POLICY; (PUBLIC SERVICES)
Management Analyst Janeen Burlingame stated due to repeated cuts from the State in
Transportation Development Act (TDA) funds over the past several fiscal years, resulting
in not having enough TDA funds to continue operating Dial -a -Ride, the Council, after
several hearings to discuss what type of local transit service could be provided with the
State funding allocated to the City, approved changing to a flex fixed route (Morro Bay
Transit) effective July 1, 2010. The flex fixed route is a combination fixed route and
curb -to -curb (CAR) service that deviates off the fixed route to pick up/drop off
passengers who have scheduled a trip before returning on route to the next fixed route
stop. Morro Bay Transit fixed route and CAR service has been in operation for almost 8
months with 7 months of ridership data available for review. For the period July 1, 2010
through January 31, 2011, total ridership was 7,212 with average daily ridership being 50
riders per day and the average riders per vehicle service hour being 5 riders per hour.
Fixed route trips made up 90% of total Morro Bay Transit trips with CAR making up the
other 10%. Ms. Burlingame recommended the City Council receive this update, and
approve revising the Call -A -Ride eligibility policy to include all members of the general
public, effective February 23, 2011.
MOTION: Councilmember Smukler moved the City Council approve revising the
Call -a -Ride eligibility policy to include all members of the general public,
effective February 23, 2011; and, direct staff to return with the final transit
efficiency group results for Council evaluation and action. The motion
® was seconded by Councilmember Leage and carried unanimously. (5-0)
Mayor Yates called for a break at 8:10 p.m.; the meeting resumed at 8:20 p.m.
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — FEBRUARY 22, 2011
D. NEW BUSINESS
D-1 APPROVE PARTNERSHIP WITH MORRO BAY COMMUNITY
FOUNDATION TO SELL TROLLEY ADVERTISING FOR THE 2011
SEASON AND -AMEND MASTER FEE SCHEDULE; (PUBLIC SERVICES)
Management Analyst ]aneen Burlingame stated the City received a proposal from the
Morro Bay Community Foundation (MBCF) to form a partnership to sell trolley
advertising for the 2011 season. Over the years, the trolley advertising program has been
managed by a combination of City, Chamber of Commerce and MV Transportation staff.
At different times, the City had partnerships with the Chamber of Commerce and MV
Transportation to garner advertisers for the trolley with the revenue generated split evenly
between the City and the agency involved with managing the advertising program. Other
work -related commitments limited the effectiveness of being able to sell all advertising
spaces available on the trolleys and management of the advertising program eventually
came back to City staff that also had other commitments that limited the ability to sell all
spaces. The result has been the loss of potential revenue to the trolley program that could
be used to offset general fund expenditures for operations. Staff believes the proposal
from the MBCF offers a more effective way to sell trolley advertising spaces than has
been done in the past due to the incentive for the MBCF to actively pursue the sale of all
spaces to generate more revenue for the organization to further their mission to assist
® children from financially challenged families to participate in recreation programs offered
by the Recreation and Parks Department. Because of this, there is the potential to increase
the amount of advertising revenue for the trolley program. Ms. Burlingame
recommended the City Council approve entering into the trolley advertising program
partnership with the MBCF.
MOTION: Councilmember Borchard moved the City Council approve entering into the
trolley advertising program partnership with the Morro Bay Community
Foundation; and, amend the Master Fee Schedule. The motion was seconded
by Councilmember Leage and carried unanimously. (5-0)
D-2 APPROVAL TO SEND LETTER TO THE CITY SELECTION COMMITTEE
RECOMMENDING THE SELECTION OF MARY ANN REISS AS
THE NOMINEE FOR APPOINTMENT TO THE CALIFORNIA COASTAL
COMMISSION; (CITY COUNCIL)
Mayor Yates stated Pismo Beach Councilmember Mary Ann Reiss has served as the
Central Coast representative on the California Coastal Commission (CCC) since
December 2010 after being appointed by former Governor Schwarzenegger. Previously,
she was the alternate for Katcho Achadjian. As alternate, Councilmember Reiss has
participated in several CCC meetings, and has often appeared before the CCC on behalf
of Pismo Beach issues. Her long time experience in Pismo Beach city government and
with coastal issues makes her an ideal candidate to continue to represent the South
isCentral Coast. Mayor Yates recommended the City Council approve sending a letter to
the City Selection Committee recommending the selection of Councilmember Mary Ann
Reiss as the nominee for appointment to the California Coastal Commission.
7
® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — FEBRUARY 22, 2011
Councilmember Smukler stated the primary consideration should be that there is local
representation on the Coastal Commission. He suggested adding to the letter of
recommendation: "or another San Luis Obispo County representative".
MOTION: Councilmember Borchard moved the City Council approve sending a
letter to the City Selection Committee recommending the selection of
Councilmember Mary Ann Reiss as the nominee for appointment to
the California Coastal Commission. The motion was seconded by
Councilmember Johnson and carved with Councilmember Smukler voting
no. (4-1)
E. DECLARATION OF FUTURE AGENDA ITEMS
Councilmember Johnson requested to agendize a discussion on an aggressive economic
incentives program to revitalize the City's Old Town and North Morro Bay; Council
concurred.
Councilmember Leage requested to agendize a discussion on the beautification and
A paving of the Morro Rock parking area; Council concurred.
® Councilmember Smukler requested to agendize a discussion on Bike Racks with
Dedication Plaques Program; Council concurred.
ADJOURNMENT
The meeting adjourned at 8:45 p.m.
Recorded by:
Jamie Boucher
Deputy City Clerk
H
® 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 — TUESDAY, FEBRUARY 8, 2011
CLOSED SESSION — TUESDAY, FEBRUARY 8, 2011
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 75-77/75W-77W; 699 Embarcadero
Negotiating Parties: Morro Bay Marina, Inc. and City of Morro Bay
Negotiations: Lease Terms and Conditions
IT IS NOTED THAT THE CONTENTS OF CLOSED SESSION MEETINGS
ARE CONFIDENTL4L AND EXEMPT FROM DISCLOSURE.
® PUBLIC SESSION — TUESDAY, FEBRUARY 8, 2011
VETERANS MEMORIAL HALL - 6:00 P.M.
209 SURF ST., MORRO BAY, CA
ESTABLISH QUORUM AND CALL TO ORDER
MOMENT OF SILENCE
PLEDGE OF ALLEGIANCE
MAYOR AND COUNCILMEMBERS ANNOUNCEMENTS & PRESENTATIONS
CLOSED SESSION REPORT
PUBLIC COMMENT PERIOD - Members of the audience wishing to address the
Council on City business matters (other than Public Hearing items under Section B) may
do so at this time.
To increase the effectiveness of the Public Comment Period, the following rules shall be
followed:
• When recognized by the Mayor, please come forward to the podium and state
your name and address for the record. Comments are to be limited to three
minutes.
• All remarks shall be addressed to Council, as a whole, and not to any
individual member thereof.
• The Council respectfully requests that you refrain from making slanderous,
is staff.
or personal remarks against any elected official, commission and/or
staff.
• Please refrain from public displays or outbursts such as unsolicited applause,
comments or cheering.
• Any disruptive activities that substantially interfere with the ability of the City
Council to carry out its meeting will not be permitted and offenders will be
requested to leave the meeting.
• Your participation in City Council meetings is welcome and your courtesy
. will be appreciated.
In compliance with the Americans with Disabilities Act, if you need special assistance to
participate in this meeting, please contact the City Clerk, (805) 772-6205. Notification 24
hours prior to the meeting will enable the City to make reasonable arrangements to ensure
accessibility to this 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 CITY COUNCIL MINUTES FOR REGULAR MEETINGS OF
JANUARY 11, 2011 AND JANUARY 25, 2011; (ADMINISTRATION)
® RECOMMENDATION: Approve as submitted.
2
E
E
E
A-2 APPOINTMENT OF VOTING DELEGATES TO THE CALIFORNIA JOINT
POWERS INSURANCE AUTHORITY; (ADMINISTRATION)
RECOMMENDATION: Appoint Mayor Yates as the City's representative of the
California Joint Powers Insurance Authority, and appoint the City Manager
and City Attorney as alternates.
A-3 ADOPTION OF ORDINANCE NO. 565 AMENDING SECTION 2.08.010 OF
THE MORRO BAY MUNICIPAL CODE REGARDING COUNCIL
MEETINGS TIME AND DATE; (CITY ATTORNEY)
RECOMMENDATION: Adopt Ordinance No. 565.
A4 ADOPTION OF ORDINANCE NO. 566 AUTHORIZING AMENDMENT
OF SECTION 20475 (DIFFERENT LEVEL OF BENEFITS; SECTION
21363.1 (3% @ 55 FULL FORMULA); AND SECTION 20037 (THREE-
YEAR FINAL COMPENSATION) FOR NEW SWORN HIRES IN THE
FIRE DEPARTMENT; (ADMINISTRATIVE SERVICES)
RECOMMENDATION: Adopt Ordinance No. 566.
A-5 2010 ANNUAL WATER REPORT; (PUBLIC SERVICES)
RECOMMENDATION: Adopt Resolution No. 12-11.
B. PUBLIC HEARINGS, REPORTS & APPEARANCES — NONE.
C. UNFINISHED BUSINESS — NONE.
D. NEW BUSINESS
D-1 PRESENTATION & FORMAL RECOGNITION OF THE "OFFICIAL CITY
TREE OF MORRO BAY" VOTE; (COUNCIL)
RECOMMENDATION: Based on the final results of the public voting process,
the Morro Bay Volunteer Tree Committee proposes the Council vote to
formally recognize the Cypress Cupressus macrocarpa as the Official City
Tree of Morro Bay.
D-2 REPORT FROM THE CITIZENS OVERSIGHT COMMITTEE PURSUANT
TO MORRO BAY MUNICIPAL CODE (MBMC) SECTION 3.22.120;
(ADMINISTRATIVE SERVICES)
RECOMMENDATION: Receive report, and take action as determined.
3
D-3 RESOLUTION NO. 13-11 ADOPTING THE MID -YEAR BUDGET
AMENDMENTS; (ADMINISTRATIVE SERVICES)
RECOMMENDATION: Adopt Resolution No. 13-11.
D4 DISCUSS OPTIONS FOR AMENDING PARKING REQUIREMENTS FOR
NORTH MORRO BAY; (PUBLIC SERVICES)
RECOMMENDATION: Review options and direct staff accordingly.
D-5 DISCUSSION ON THE PREPARATION OF A BIG BOX ORDINANCE
WHICH WOULD REGULATE THE SIZE AND APPEARANCE OF BIG BOX
STORES; (PUBLIC SERVICES)
RECOMMENDATION: Review report, and direct staff on whether to draft a
Big -Boa ordinance and if so, provide direction regarding language for such an
ordinance.
D-6 DISCUSSION OF TOPICS TO BE DISCUSSED AT THE JOINT CITY
COUNCIL/PLANNING COMMISSION MEETING, FEBRUARY 22, 2011;
(PUBLIC SERVICES)
RECOMMENDATION: Discuss potential topics for the February 22, 2011 joint
is
City Council/Planning Commission meeting.
E. DECLARATION OF FUTURE AGENDA ITEMS
u
F. 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.
MATERIALS RELATED TO AN ITEM ON THIS AGENDA SUBMITTED TO
THE CITY COUNCIL AFTER DISTRIBUTION OF THE AGENDA PACKET
ARE AVAILABLE FOR PUBLIC INSPECTION AT CITY HALL LOCATED AT
595 HARBOR STREET; MORRO BAY LIBRARY LOCATED AT 625 HARBOR
STREET; AND MILL'S COPY CENTER LOCATED AT 495 MORRO BAY
BOULEVARD DURING NORMAL BUSINESS HOURS.
E
® MINUTES - MORRO BAY CITY COUNCIL
CLOSED SESSION — FEBRUARY 8, 2011
CITY HALL CONFERENCE ROOM - 5:00 P.M.
Mayor Yates called the meeting to order at 5:00 p.m
PRESENT: William Yates
Mayor
Carla Borchard
Councilmember
Nancy Johnson
Councilmember
George Leage
Councilmember
Noah Smukler
Councilmember
STAFF: Robert Schultz
City Attorney
CLOSED SESSION
MOTION: Councilmember Johnson moved the meeting be adjourned to Closed
Session. The motion was seconded by Councilmember Smukler and
unanimously carried. (5-0)
Mayor Yates read the Closed Session Statement.
CS-1 GOVERNMENT CODE SECTION 54956.8; REAL PROPERTY
® TRANSACTIONS. Instructing City's real property negotiator regarding
the price and terms of payment for the purchase, sale, exchange, or lease
of real property as to one (1) parcel.
• Property Lease Site 75-77/75W-77W; 699 Embarcadero
Negotiating Parties: Morro Bay Marina, Inc. and City of Morro Bay
Negotiations: Lease Terms and Conditions
The meeting adjourned to Closed Session at 5:00 p.m. and returned to regular session at
5:30 P.M.
MOTION: Councilmember Borchard moved the meeting be adjourned. The motion
was seconded by Councilmember Smukler and unanimously carried. (5-0)
The meeting adjourned at 5:30 p.m.
E
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — FEBRUARY.8, 2011
VETERANS MEMORIAL HALL - 6:00 P.M.
Mayor Yates called the meeting to order at 6:00 p.m
PRESENT: William Yates
Mayor
Carla Borchard
Councilmember
Nancy Johnson
Councilmember
George Leage
Councilmember
Noah Smukler
Councilmember
STAFF: Robert Schultz
Bridgett Kessling
Eric Ender sby
Susan Lichtenbaum
Rob Livick
Tim Olivas
Mike Pond
Susan Slayton
Kathleen Wold
Joe Woods
City Attorney
City Clerk
Harbor Operations Manager
Harbor Business Manager
Public Services Director
Police Chief
Fire Chief
Administrative Services Director
Planning Manager
Recreation & Parks Director
ESTABLISH QUORUM AND CALL TO ORDER
MOMENT OF SILENCE
PLEDGE OF ALLEGIANCE
MAYOR AND COUNCIL MEMBERS REPORTS, ANNOUNCEMENTS &
I' RINXIWAKII&I
CLOSED SESSION REPORT - City Attorney Robert Schultz reported the City Council
met in Closed Session and took action on Lease Site 75-77/75W-77W located at 699
Embarcadero. The City Council granted the written request from Morro Bay Marina, Inc.
that the City receives monthly rental payments.
PUBLIC COMMENT
Anthony Hoffa and representatives of the Morro Bay Gorilla Gardening Club offered the
City Council plants and thanked the City for supporting the City's urban forest and urban
gardeners.
Rick and Claire Grantham stated for public information that a fire started in their clothes
dryer which was caused by a dirty vent.
® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — FEBRUARY 8, 2011
D'Onna Kennedy stated the Central Coast Veterans Support Group will be meeting at the
Eagles Lodge on February 22°d at 6:00 p.m. She also announced a variety of free
services are available to lower -income households throughout San Luis Obispo County
through the Energy Conservation Services.
Barbara Doerr referred to Closed Session Item CS-2 of the January I Vh City Council
meeting, and Item D-1 of the January 25'h City Council meeting, both relating to lease
negotiation discussions where a specific council member attended the January IIth
Closed Session meeting and stepped down due to a conflict of interest at the January 25lb
meeting. Ms. Doerr asked if this council member had a conflict of interest when he
participated in the Closed Session item at the January I Ith meeting.
Betty Winholtz addressed Item D4 (Discuss Options for Amending Parking
Requirements for North Morro Bay) stating all streets perpendicular and intersecting
North Main Street are residential streets. She said to reduce off-street parking
requirements would push business- parking onto these residential streets, which already
have limited parking for its residents and visitors. Ms. Winholtz stated new development
® should be considered; however, due to the lack of statistical information regarding the
current situation, this item should be continued and heard after more important planning
issues such as the Sign Ordinance or General Plan update.
Janice Peters announced the 4`h Annual Fundraiser Follies will be held on February 25 h
and 26th at 7:00 p.m. and will be held at the Morro Bay Community Center.
Andrea Klipfel announced the team fundraiser for Relay for Life will be a Bunco
"Against Cancer" Party held on March 16'h at 6:00 p.m. at St. Timothy's Church; there
will be a Community Kick -Off on March 24'h at 6:00 p.m. at the Embarcadero Grill; and
the Relay for Life event is the first weekend in August at Morro Bay High School.
Richard Margesten expressed concern regarding Brown Act violation due to the lack of
public comment allowed on all agenda items at City Council and Mono Bay/Cayucos
JPA meetings.
Mayor Yates closed the hearing for public comment.
El
3
MINUTES - MORRO BAY CITY COUNCIL
® REGULAR MEETING — FEBRUARY 8, 2011
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 CITY COUNCIL MINUTES FOR REGULAR MEETINGS OF
JANUARY 11, 2011 AND JANUARY 25, 2011; (ADMINISTRATION)
RECOMMENDATION: Approve as submitted.
A-2 APPOINTMENT OF VOTING DELEGATES TO THE CALIFORNIA JOINT
POWERS INSURANCE AUTHORITY; (ADMINISTRATION) "
RECOMMENDATION: Appoint Mayor Yates as the City's representative of the
California Joint Powers Insurance Authority, and appoint the City Manager
and City Attorney as alternates.
A-3 ADOPTION OF ORDINANCE NO. 565 AMENDING SECTION 2.08.010 OF
® THE MORRO BAY MUNICIPAL CODE REGARDING COUNCIL
MEETINGS TIME AND DATE; (CITY ATTORNEY)
El
RECOMMENDATION: Adopt Ordinance No. 565.
A-4 ADOPTION OF ORDINANCE NO. 566 AUTHORIZING AMENDMENT
OF SECTION 20475 (DIFFERENT LEVEL OF BENEFITS; SECTION
21363.1 (3% @ 55 FULL FORMULA); AND SECTION 20037 (THREE-
YEAR FINAL COMPENSATION) FOR NEW SWORN HIRES IN THE
FIRE DEPARTMENT; (ADMINISTRATIVE SERVICES)
RECOMMENDATION: Adopt Ordinance No. 566.
A-5 2010 ANNUAL WATER REPORT; (PUBLIC SERVICES)
RECOMMENDATION: Adopt Resolution No. 12-11.
Councilmember Borchard pulled Item A-2 of the Consent Calendar.
MOTION: Councilmember Borchard moved the City Council approve the Consent
Calendar with the exception of Item A-2. The motion was seconded by
Councilmember Johnson and carried unanimously. (5-0)
0
® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — FEBRUARY 8, 2011
A-2 APPOINTMENT OF VOTING DELEGATES TO THE CALIFORNIA JOINT
POWERS INSURANCE AUTHORITY; (ADMINISTRATION)
Councilmember Borchard stated since the Mayor does not attend the CJPIA Risk
Management meetings, she would prefer to keep it consistent and appoint the City Manager
and/or the City Attorney as the designated representative of the City.
MOTION: Councilmember Borchard moved the City Council appoint the City
Manager and/or the City Attorney as the official representative(s) of the
City of Morro Bay on the California Joint Powers Insurance Authority.
The motion was seconded by Councilmember Johnson and carried
unanimously. (5-0)
B. PUBLIC HEARINGS, REPORTS & APPEARANCES — NONE.
C. UNFINISHED BUSINESS — NONE.
D. NEW BUSINESS
® D-1 PRESENTATION & FORMAL RECOGNITION OF THE "OFFICIAL CITY
TREE OF MORRO BAY" VOTE; (COUNCIL)
Councilmember Smukler stated nearly 500 citizens voted for what tree they thought
represented the City of Morro Bay. The Volunteer Tree Committee came up with five
trees with strong historical significance in Morro Bay. The Cypress got more than double
the votes of any other tree, 194 votes. Second place went to the tree we call the Red
Flowering Eucalyptus, which is now called Corymbia frcifolia and was planted a few
decades ago as the premier street tree in the Downtown Business District. Designation of
an official city tree or city flower recognizes their special connection to the community
and creates an opportunity to publicize and market these specimens with pride.
Councilmember Smukler stated based on the final results of the public voting process, the
Morro Bay Volunteer Tree Committee proposes the Council vote to formally recognize
the Cypress Cupressus macrocarpa as the official City tree of Morro Bay.
Council received a presentation from the Morro Bay Volunteer Tree Committee.
MOTION: Councilmember Smukler moved the City Council accept the results as
presented and identify the Monterey Cypress as the official City tree for
Morro Bay; and, direct staff to return with a resolution adopting the
Monterey Cypress as the official City tree and to include the vote tally in
the resolution. The motion was seconded by Councilmember Johnson and
® carried unanimously. (5-0)
5
® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — FEBRUARY 8, 2011
D-2 REPORT FROM THE CITIZENS OVERSIGHT COMMITTEE PURSUANT
TO MORRO BAY MUNICIPAL CODE (MBMC) SECTION 3.22.120;
(ADMINISTRATIVE SERVICES)
Administrative Services Director Susan Slayton stated pursuant to Morro Bay Municipal
Code Section 3.22.120, the Citizens Oversight Committee met on December 8, 2010 to
review the 2009/10 unaudited transactions and 2010/11 year -to -daze transactions for the
District Transaction Tax (Measure Q i/2 cent sales tax) Fund. The Committee was very
pleased with the 2009/10 uses of Measure Q funds, and had no issuestadjustments with
any of the expenditures. The members did provide a letter with comments, and one, in
particular, needs further explanation/background, the debt service for Fire Station #1
Administrative Building. Ms. Slayton recommended the City Council accept the report,
and take action as necessary.
Barbara Spagnola, representing the Citizens Oversight Committee, reported on the
Committee's findings and conclusions to the City Council for their review.
MOTION: Mayor Yates moved the City Council: 1) accept the recommendations of
® the Citizens Oversight Committee; 2) direct staff to implement the
recommendations as stated in the Committee's report; and, 3) direct staff
to develop an informational kiosk, and bring recommendations back to
Council. The motion was seconded by Councilmember Smukler and
carried unanimously. (5-0)
2
Mayor Yates called for a break at 7:03 p.m.; the meeting resumed at 7:13 p.m.
D-3 RESOLUTION NO. 13-11 ADOPTING THE MID -YEAR BUDGET
AMENDMENTS; (ADMINISTRATIVE SERVICES)
Administrative Services Director Susan Slayton presented the 2010/11 mid -year
performance reports along with requested budget amendments, noting the economy is
stabilizing, and Morro Bay is more fortunate than the other cities in the County, as we have
not suffered similar sales and property tax losses due to our uniqueness (no "big box"
stores, no auto dealers). The City has weathered this recession with very little financial
loss, again compared to other areas in the County, State and nation. Ms. Slayton
recommended the City Council adopt Resolution No. 13-11 authorizing the budget
amendments as proposed in the staff report.
Council discussed the 2010/11 mid -year performance reports along with requested budget
amendments, and made the following motions:
0
® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — FEBRUARY 8, 2011
MOTION: Mayor Yates moved the City Council approve the Police Department
funding of $9,000 from Measure Q funds, and approve Fire Department
funding of $38,000 from Measure Q funds. The motion was seconded by
Councilmember Smukler and carried unanimously. (5-0)
MOTION: Councilmember Borchard moved the City Council defer discussion on the
energy upgrades to buildings to the June 2011 budget meeting and look at
alternative sources for funding. The motion was seconded by
Councilmember Johnson and carried with Mayor Yates voting no. (4-1)
MOTION: Mayor Yates moved the City Council direct staff to identify funding from
various travel account funds and the balance from General Fund Reserves in
order to send the Planning Commission and two staff members to the
League of California Cities Planners Institute Conference. The motion was
seconded by Councilmember Borchard and carried with Mayor Yates voting
no. (4-1)
MOTION: Mayor Yates moved the City Council deny funding the transit fund an
additional $21,500. The motion was seconded by Councilmember Borchard
and carried unanimously. (5-0)
MOTION: Mayor Yates moved the City Council authorize the Harbor Department to
amend its budget for $7,000 with the goal of folding that into their budget
but if needed they can take it from unallocated funds. The motion was
seconded by Councilmember Johnson and carried unanimously. (5-0)
MOTION: Councilmember Borchard moved the City Council adopt Resolution No.
13-11 approving all the additional changes to the mid -year budget as
stated in the staff report. The motion was seconded by Councilmember
Leage and carried unanimously. (5-0)
D4 DISCUSS OPTIONS FOR AMENDING PARKING REQUIREMENTS FOR
NORTH MORRO BAY; (PUBLIC SERVICES)
Planning Manager Kathleen Wold stated recently there have been a few instances where
vacant buildings located in the North Main Street area have had difficulty establishing
new business. One issue when establishing a new business has been the requirement to
provide additional parking if the new use is more intense and therefore requires additional
parking. At the December 13, 2010 City Council meeting, Councilmember Borchard
requested staff provide a report on the status of parking in the North Main Street area to
® include options for modifications or amendments to City requirements which would
7
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — FEBRUARY 8, 2011
address buildings where the number of stalls is nonconforming to today standards. This
report gives a broad overview of the situation occurring in the North Main Street area and
a few of the possible solutions to the problem. Ms. Wold recommended the City Council
consider the issue and direct staff accordingly.
MOTION: Councilmember Borchard moved the City Council direct staff to create a
specific area map with boundaries in the North Morro Bay area for an
exemption to Section 17.44.020 of the Morro Bay Municipal Code. The
motion was seconded by Councilmember Johnson and carried
unanimously. (5-0)
Mayor Yates called for a break at 8:34 p.m.; the meeting resumed at 8:44 p.m.
D-5 DISCUSSION ON THE PREPARATION OF A BIG BOX ORDINANCE
WHICH WOULD REGULATE THE SIZE AND APPEARANCE OF BIG BOX
STORES; (PUBLIC SERVICES)
City Attorney Robert Schultz stated the City Council directed staff to bring back a report
on a "big -box ordinance." A big -box ordinance basically regulates the size and
appearance of big -box stores and the amount of nontaxable (grocery) items the store is
permitted to sell. While the development of big -box businesses may provide an
economical and timesaving convenience to shoppers and increased tax revenues to cities,
if they are not regulated, big -box businesses may have potential negative community
impacts such as: urban blight, lower employee wages, the reduction of smaller local
businesses and changes to the aesthetics of neighborhoods. This issue was once reviewed
by City Council in 1998; however, no further action was taken.
The City Council requested this item be placed on the City Council Agenda Tracking List
as a "pending" item.
No further action was taken on this item.
D-6 DISCUSSION OF TOPICS TO BE DISCUSSED AT THE JOINT CITY
COUNCIL/PLANN NG COMMISSION MEETING, FEBRUARY 22, 2011;
(PUBLIC SERVICES)
Public Services Director Rob Livick stated in anticipation of the joint City Council/
Planning Commission meeting on February 22, 2011, the Planning Commission
discussed potential topics at their February 7, 2011 meeting, which he presented to the
City Council. Mr. Livick recommended the City Council also consider and discuss
® potential topics for the joint meeting.
91
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — FEBRUARY 8, 2011
Council agreed to the following topics for the joint meeting with the Planning
Commission:
• Staff presentation regarding the status on the Local Coastal
Plan/General Plan and Zoning Ordinance; and
• City Attorney Presentation of Informational Material Distributed to
the Planning Commissioners
• Discussion of Planning Commission Role and Responsibilities.
No further action was taken on this item.
E. , DECLARATION OF FUTURE AGENDA ITEMS
Councilmember Smukler requested to agendize a budget workshop report focused on
priorities to give staff direction; Council concurred.
Councilmember Smukler requested to agendize a.quarterly budget report to be placed on
the Consent Calendar; Council concurred.
ICouncilmember Smukler requested to agendize a discussion on the Call -a -Ride
Expansion Concept; Council,concurred.
Councilmember Johnson requested to agendize a discussion on granny units; Council
concurred.
ADJOURNMENT
The meeting adjourned at 9:39 p.m.
Recorded by:
,---6 . 1+
Bridgett Kessling
City Clerk
9
City of .Morro Bay
City Council Agenda
Mission Statement
The City of Morro Bay is dedicated to the preservation and enhancement of the quality
of life The.City shall be committed to this purpose and will provide a level of
municipal service and safety consistent with and responsive to the needs of the public.
REGULAR MEETING — TUESDAY, JANUARY 25, 2011
VETERANS MEMORIAL HALL - 6:00 P.M.
209 SURF ST.; MORRO BAY, CA
ESTABLISH QUORUM AND CALL TO ORDER
MOMENT OF SILENCE
PLEDGE OF ALLEGIANCE
MAYOR AND COUNCILMEMBERS ANNOUNCEMENTS & PRESENTATIONS
® CLOSED SESSION REPORT
PUBLIC COMMENT PERIOD - Members of the audience wishing to address the
Council on City business matters (other than Public Hearing items under Section B) may
do so at this time.
To increase the effectiveness of the Public Comment Period, the following rules shall be
followed:
• When recognized by the Mayor, please come forward to the podium and state
your name and address for the record. Comments are to be limited to three
minutes.
• All remarks shall be addressed to Council, as a whole, and not to any
individual member thereof.
• The Council respectfully requests that you refrain from making slanderous,
profane or personal remarks against any elected official, commission and/or
staff.
• Please refrain from public displays or outbursts such as unsolicited applause,
comments or cheering.
• Any disruptive activities that substantially interfere with the ability of the City
Council to carry out its meeting will not be permitted and offenders will be
requested to leave the meeting.
® • Your participation in City Council meetings is welcome and your courtesy
will be appreciated.
® In compliance with the Americans with Disabilities Act, if you need special assistance to
participate in this meeting, please contact the City Clerk, (805) 772-6205. Notification 72
hours prior to the meeting will enable the City to make reasonable arrangements to ensure
accessibility to this meeting.
M
C
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 CITY COUNCIL MINUTES FOR THE REGULAR MEETING
OF JANUARY 11, 2011; (ADMINISTRATION)
RECOMMENDATION: Approve as submitted.
A-2 APPROVAL OF RESOLUTION 11-11 AMENDING THE COUNCIL
POLICIES & PROCEDURES MANUAL REGARDING REGULAR MEETING
TIMES AND PLACING ITEMS ON THE AGENDA; (CITY ATTORNEY)
RECOMMENDATION: Adopt Resolution No. 11-11.
A-3 AUTHORIZATION TO REPLACE THE ASSISTANT ENGINEER POSITION
IN THE UTILITIES/CAPITAL PROJECTS DIVISION; (PUBLIC SERVICES)
RECOMMENDATION: Authorize the replacement of the Assistant Engineer
position, revise the salary schedule, and authorize the backTilling of any
successful internal candidate's position.
A-4 AWARD OF CONTRACT TO BROUGH CONSTRUCTION, INC. OF
ARROYO GRANDE, CA FOR THE PROJECT NO. MB-2010-WI: DESAL
PRODUCT WATER LINE REPLACEMENT; (PUBLIC SERVICES)
RECOMMENDATION: Waive a minor bid irregularity and award the project
contract to Brough Construction, Inc., in the amount of $149,181.00.
A-5 ACCEPTANCE OF THE COMMUNITY -WIDE AND GOVERNMENT
OPERATIONS 2005 BASELINE GREENHOUSE GAS EMISSIONS
INVENTORY REPORT; (PUBLIC SERVICES)
RECOMMENDATION: Receive report for information and file.
® B. PUBLIC HEARINGS. REPORTS & APPEARANCES
B-I INTRODUCTION AND FIRST READING OF ORDINANCE NO. 566
AUTHORIZING AMENDMENT OF SECTION 20475 (DIFFERENT LEVEL
OF BENEFITS; SECTION 21363.1 (3% @ 55 FULL FORMULA); AND
SECTION 20037 (THREE-YEAR FINAL COMPENSATION) FOR NEW
SWORN HIRES IN THE FIRE DEPARTMENT; (ADMINISTRATIVE
SERVICES)
RECOMMENDATION: Approve the introduction and first reading of
Ordinance No. 566 authorizing the amendment of Different Level of Benefits,
3% @ 55 Full Formula and Three -Year Final Compensation for new sworn
hires in the Fire Department.
C.
C-1 RESOLUTION ON CREATION AND DETAILS OF A FACILITY
MAINTENANCE ACCOUNT, TO INCLUDE A PRIORITIZED LIST OF
PROJECTS AND COSTS; (RECREATION & PARKS)
RECOMMENDATION: Approve Resolution 10-11 to establish a fund for
General Fund Deferred Maintenance for the maintenance and management
of City -owned real property.
® C-2 CONTINUED DISCUSSION ON THE VISITORS CENTER;
(ADMINISTRATION)
E
RECOMMENDATION: Review the progress that has been made on the
direction provided to staff from the November 8, 2010 City Council meeting,
and direct staff accordingly.
D. NEW BUSINESS
D-1 RESOLUTION AUTHORIZING THE HARBOR BUSINESS MANAGER TO
EXECUTE LEASE RENTAL PAYMENT PLANS TO ASSIST
EMBARCADERO TIDELANDS LEASEHOLDERS WITH CASH FLOW AND
TO RETAIN EMBARCADERO BUSINESSES; (HARBOR)
RECOMMENDATION: Adopt Resolution No. 09-11.
D-2 DISCUSSION OF INSTITUTING URGENCY INTERIM ORDINANCE
PROHIBITING WIND TURBINES FOR 45 DAYS; (PUBLIC SERVICES)
RECOMMENDATION: Discuss roof -top wind turbines and decide if the City
Council wants to consider a 45-day moratorium on their installation.
3
® D-3 DISCUSSION OF CHANGE OF MEETING DATES AND TIMES, AND
NUMBER OF BOARD MEMBERS FOR COMMISSIONS AND ADVISORY
BOARDS; (CITY ATTORNEY)
RECOMMENDATION: Approve a change of meeting dates and/or times for the
Recreation and Parks Commission, Public Works Advisory Board and
Planning Commission; reducing the Recreation and Parks Commission and
Public Works Advisory Board to six meetings each year, alternating months;
and, reducing the number of board members from seven to five for both the
Recreation and Parks Commission and Public Works Advisory Board.
E. DECLARATION OF FUTURE AGENDA ITEMS
F. 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.
MATERIALS RELATED TO AN ITEM ON THIS AGENDA SUBMITTED TO
® THE CITY COUNCIL AFTER DISTRIBUTION OF THE AGENDA PACKET
ARE AVAILABLE FOR PUBLIC INSPECTION AT CITY HALL LOCATED AT
595 HARBOR STREET; MORRO BAY LIBRARY LOCATED AT 625 HARBOR
STREET; AND MH,L'S COPY CENTER LOCATED AT 495 MORRO BAY
BOULEVARD DURING NORMAL BUSINESS HOURS.
IN COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT, IF
YOU NEED SPECIAL ASSISTANCE TO PARTICIPATE IN A CITY MEETING,
PLEASE CONTACT THE CITY CLERK'S OFFICE AT LEAST 24 HOURS
PRIOR TO THE MEETING TO INSURE THAT REASONABLE
ARRANGEMENTS CAN BE MADE TO PROVIDE ACCESSIBILITY TO THE
MEETING.
El
® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — JANUARY 25, 2011
VETERANS MEMORIAL HALL - 6:00 P.M.
E
11
Mayor Yates called the meeting to order at 6:00 p.m
PRESENT: William Yates
Mayor
Carla Borchard
Councilmember
Nancy Johnson
Councilmember
George Leage
Councilmember
Noah Smukler
Councilmember
STAFF: Andrea Lueker
Robert Schultz
Bridgett Kessling
Eric Endersby
Susan Lichtenbaum
Rob Livick
Tim Olivas
Mike Pond
Susan Slayton
Dylan Wade
City Manager .
City Attorney
City Clerk
Harbor Operations Manager
Harbor Business Manager
Public Services Director
Police Chief
Fire Chief
Administrative Services Director
Utilities/Capital Projects Manager
ESTABLISH QUORUM AND CALL TO ORDER
MOMENT OF SILENCE
PLEDGE OF ALLEGIANCE
MAYOR AND COUNCIL MEMBERS REPORTS, ANNOUNCEMENTS &
PRESENTATIONS
CLOSED SESSION REPORT — there was no Closed Session report.
PUBLIC COMMENT
Dan Rivoire, Executive Director of the San Luis Obispo County Bicycle Coalition,
expressed appreciation to the City for the road and bicycle lane improvements made in
Morro Bay.
Dan Reddell read a statement from Chamber of. Commerce President John Weiss
providing the community with an update on the Chamber of Commerce.
Joan Solu, Chair of the Tourism Business Improvement District Advisory Board
reviewed recommendations made by the Advisory Board relating to the Visitors Center.
® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — JANUARY 25, 2011
Betty Winholtz referred to Item A-2 (Approval Of Resolution 11-11 Amending the
Council Policies & Procedures Manual Regarding Regular Meeting Times and Placing
Items on the Agenda) — specifically Policy 1.2, stating to allow the Mayor unlimited
access as to what can be placed on the agenda while other members of Council need
consensus is unfair; she recommended removing this policy. She also referred to Item C-1
(Resolution on Creation and Details of a Facility Maintenance Account, to include a
Prioritized List of Projects and Costs) and requested clarification on the priority ranking of
the projects and costs of specific projects that were listed in the staff report. Ms. Winholtz
also recommended the consideration of a public bathroom in the downtown area. Ms.
Winholtz referred to Item C-2 (Continued Discussion on the Visitors Center) and
requested clarification on why City funds are being used to pay wages, taxes and billboard
items. She also referred to D-3 (Discussion of Change of Meeting Dates and Times, and
Number of Board Members for Commissions and Advisory Boards) stating she is
disappointed that Council would pigeon -hole the Recreation & Parks Commission and
Public Works Advisory Board for reduction in membership and frequency in meeting
times.
Melody DeMeritt, Chair of the Local Chapter of the Sierra Club, referred to a report
® received by City staff from the Coastal Commission regarding the upgrade to the
Wastewater Treatment Plant. She said the Sierra Club has filed an appeal of the City
Council's approval of the Environmental Impact Report for the upgrade to the
Wastewater Treatment Plant to the Coastal Commission.
Barry Brannin announced for public information that he has forms in order to file any
appeal to the Coastal Commission.
John Barta referred to Item C-2 stating this is not the time to continue as in times past; it
is time to look at the big picture and move forward.
Bob Crizer addressed Items A-5 (Acceptance of the Community -Wide and Government
Operations 2005 Baseline Greenhouse Gas Emissions Inventory Report) and noted this is
a generational issue. He also addressed Item D-2 (Discussion of Instituting Urgency
Interim Ordinance Prohibiting Wind Turbines for 45 Days) stating he is working towards
providing renewable energy at a low cost to residents and businesses by attaching wind
turbines to roof tops. Mr. Crizer stated there is not a height limit issue with the wind
turbines, and requested Council's support in allowing renewable energy in the City.
Tom Gregory requested information on the City's plans for permitting medical marijuana
dispensaries in the City.
® Mayor Yates closed the hearing for public comment.
F1
® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — JANUARY 25, 2011
A. CONSENT CALENDAR
Unless an item is pulled for separate action by the City Council, the following actions are
approved without discussion.
A. CONSENT CALENDAR
Unless an item is pulled for separate action by the City Council, the following actions are
approved without discussion.
A-1 APPROVAL OF CITY COUNCIL MINUTES FOR THE REGULAR MEETING
OF JANUARY 11, 2011; (ADMINISTRATION)
RECOMMENDATION: This item was pulled from the agenda.
A-2 APPROVAL OF RESOLUTION 11-11 AMENDING THE COUNCIL
POLICIES & PROCEDURES MANUAL REGARDING REGULAR MEETING
TIMES AND PLACING ITEMS ON THE AGENDA; (CITY ATTORNEY)
® RECOMMENDATION: Adopt Resolution No. 11-11.
A-3 AUTHORIZATION TO REPLACE THE ASSISTANT ENGINEER POSITION
IN THE UTILITIES/CAPITAL PROJECTS DIVISION; (PUBLIC SERVICES)
RECOMMENDATION: Authorize the replacement of the Assistant Engineer
position, revise the salary schedule, and authorize the backfilling of any
successful internal candidate's position.
A-4 AWARD OF CONTRACT TO BROUGH CONSTRUCTION, INC. OF
ARROYO GRANDE, CA FOR THE PROJECT NO. MB-2010-WI: DESAL
PRODUCT WATER LINE REPLACEMENT; (PUBLIC SERVICES)
RECOMMENDATION: Waive a minor bid irregularity and award the project
contract to Brough Construction, Inc., in the amount of $149,181.00.
A-5 ACCEPTANCE OF THE COMMUNITY -WIDE AND GOVERNMENT
OPERATIONS 2005 BASELINE GREENHOUSE GAS EMISSIONS
INVENTORY REPORT; (PUBLIC SERVICES)
RECOMMENDATION: Receive report for information and file.
® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — JANUARY 25, 2011
Councilmember Smukler pulled Items A-2 and A-3 from the Consent Calendar.
MOTION: Councilmember Borchard moved the City Council approve Items A4
and A-5 of the Consent Calendar. The motion was seconded by
Councilmember Johnson and carried unanimously. (5-0)
A-2 APPROVAL OF RESOLUTION 11-11 AMENDING THE COUNCIL
POLICIES & PROCEDURES MANUAL REGARDING REGULAR MEETING
TIMES AND PLACING ITEMS ON THE AGENDA; (CITY ATTORNEY)
Councilmember Smukler stated he will not be voting in support of the proposed
amendments because it does not give the City Council the leverage to manage or be a part of
the agenda process.
MOTION: Councilmember Johnson moved the City Council approve Item A-2 of the
® Consent Calendar. The motion was seconded by Councilmember Leage
and carried with Councilmember Borchard and Councilmember Smukler
voting no: (3-2)
A-3 AUTHORIZATION TO REPLACE THE ASSISTANT ENGINEER POSITION
IN THE UTILITIES/CAPITAL PROJECTS DIVISION; (PUBLIC SERVICES)
Councilmember Smukler expressed concern with the proposed increase in pay for this
position; and, he would also like to discuss the two-tier structure before hiring a new
position.
MOTION: Councilmember Smukler moved the City Council authorize staff to
replace the Assistant Engineer position with a temporary hire until the
benefits for that position have been negotiated. The motion was seconded
by Councilmember Borchard and carried with Mayor Yates and
Councilmember Leage voting no. (3-2)
Mayor Yates called for a break at 7:00 p.m.; the meeting resumed at 7:10 p.m
�'J
CI
® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — JANUARY 25, 2011
B. PUBLIC HEARINGS. REPORTS & APPEARANCES
B-1 INTRODUCTION AND FIRST READING OF ORDINANCE NO. 566
AUTHORIZING AMENDMENT OF SECTION 20475 (DIFFERENT LEVEL
OF BENEFITS; SECTION 21363.1 (3% @ 55 FULL FORMULA); AND
SECTION 20037 (THREE-YEAR FINAL COMPENSATION) FOR NEW
SWORN HIRES IN THE FIRE DEPARTMENT; (ADMINISTRATIVE
SERVICES)
City Manager Andrea Lueker stated the City Council adopted the Resolution of Intention
on January 11, 2011, and this Ordinance is required by the Public Employee Retirement
System (PERS) in order to amend the PERS contract. Ms. Lueker recommended the City
Council approve the introduction and first reading of Ordinance No. 566 authorizing the
amendment of Different Level of Benefits, 3% @ 55 Full Formula and Three -Year Final
Compensation for new sworn hires in the Fire Department.
Mayor Yates opened the hearing for public comment.
John Meyers stated the change made to the Fire Department labor agreement reduces the
® City's portion of pension costs for new hires by 56%. He said Council should consider
additional opportunities by requiring current employees to increase their participation in
paying 5% of their wages towards their pensions which would produce an instant savings
of $350,000 per year to the City.
Dan Glesmann stated last year, one in every six dollars spent in the General Fund went to
cover cost of employee pensions. He said making significant changes to the pension plan
is a very good start to achieving sustainability and reducing the future cost commitments
while increasing City revenues. Mr. Glesmann stated achieving this will contribute to the
City's long-term financial strength.
Tom Gregory stated businesses that would increase the City's tax base would also help
the City's economy.
Mayor Yates closed the public comment hearing.
MOTION: Councilmember Johnson moved the City Council approve the introduction
and first reading of Ordinance No. 566 authorizing the amendment of
Different Level of Benefits, 3% @ 55 Full Formula and Three -Year Final
Compensation for new sworn hires in the Fire Department. The motion
was seconded by Councilmember Borchard and carried unanimously. (5-0)
9 City Manager Andrea Lueker read Ordinance No. 566 by number and title only.
11
u
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — JANUARY 25, 2011
C. UNFINISHED BUSINESS
C-1 RESOLUTION ON CREATION AND DETAILS OF A FACILITY
MAINTENANCE ACCOUNT, TO INCLUDE A PRIORITIZED LIST OF
PROJECTS AND COSTS; (RECREATION & PARKS)
City Manager Andrea Lueker stated the City's management of real property assets has
lacked the resources to adequately support a deferred maintenance account for all
scheduled property. The approval of Resolution No. 10-11, the establishment of a
General Fund Deferred Maintenance, would give immediate relief to the General Fund
and satisfy the required maintenance for the current City -owned real property. The initial
start up General Fund Deferred Maintenance allocation would be approximately
$210,000 transferred from the proceeds of the sale of 781 Market Street. Priority
maintenance will be given to building and mechanical systems including roofing,
plumbing, electrical and air handling. Fund allocations would be realized by approved
City Council directive and encumbered annually. Ms. Lueker recommended the City
Council adopt Resolution 10-I1 to establish a fund for General Fund Deferred
Maintenance for the maintenance and management of City owned real property.
MOTION: Mayor Yates moved the City Council: 1) adopt Resolution No. 10-11
amending the transfer amount from $210,000 to $201,000 from the
proceeds of the sale of the 781 Market Street property; 2) direct staff to be
aggressive with the repairs in order of the A, B, C grouping priorities
listed in Exhibit "A" of the staff report; and 3) direct staff to bring back an
economic analysis on the Shasta Street properties regarding demolition vs.
rehabilitation. The motion was seconded by Councilmember Borchard
and carried unanimously. (5-0)
C-2 CONTINUED DISCUSSION ON THE VISITORS CENTER;
(ADMINISTRATION)
City Manager Andrea Lueker stated on June 28, 2010 during the annual review of the
Visitors Center Agreement, the City Council amended the Agreement to include language
regarding a financial review of the Visitors Center operations at the end of the 2009/10
fiscal year. In September 2010, the Chamber provided this information to the City
Administrative Services Director, and she performed a financial review. On November
8, 2010, staff brought forward a second staff report, which requested the City Council to
provide further direction to staff on the following issues: 1) financial review of the
2009/2010 fiscal year; 2) funding of the Visitors Center from the Tourism Business
Improvement District Assessment; and 3) representation on the Chamber Board for
Visitors Center oversight. Staff has made progress with each directive, even with the
2
® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — JANUARY 25, 2011
significant changes in personnel with the Chamber and in particular the new Chamber
Executive Director. During the November City Council meeting, areas of concern were
accountability, transparency, City representation on the Chamber Executive Board and
increased review of finances. Ms. Lueker recommended Council review the staff report,
the progress that has been made on the direction provided to staff from the November 8,
2010 City Council meeting and provide further direction regarding the Visitors Center.
The City Council directed staff to: 1) reschedule this item as a public hearing within sixty
(60) days to include an analysis and time study; 2) invite stakeholders; and, 3) explore the
concept of a workshop.
No further action was taken on this item.
D. NEW BUSINESS
D-I RESOLUTION AUTHORIZING THE HARBOR BUSINESS MANAGER TO
EXECUTE LEASE RENTAL PAYMENT PLANS TO ASSIST
EMBARCADERO TIDELANDS LEASEHOLDERS WITH CASH FLOW AND
® TO RETAIN EMBARCADERO BUSINESSES; (HARBOR)
11
Councilmember Leage stepped down due to a conflict of interest.
Harbor Business Manager Susan Lichtenbaum stated the Embarcadero Leaseholders have
been struggling economically over the last two years as a result of the recession affecting
the entire country. The City Council considered Embarcadero Tidelands Leaseholder
requests relating to lease site rent in Closed Session on January 11, 2011. Council
directed staff to agendize an item to consider setting up payment plans for Embarcadero
Tidelands Leaseholders. Ms. Lichtenbaum recommended the City Council adopt
Resolution No. 09-11 authorizing the Harbor Business Manager to execute lease rental
payment plans to assist Embarcadero Leaseholders with cash flow and to retain
Embarcadero businesses.
Councilmember Borchard and Councilmember Smukler commented they would prefer
quarterly payments rather than month -to -month payments.
MOTION: Mayor Yates moved the City Council extend the payment plan outlined in
Resolution No. 21-10 through fiscal year 2011/2012. The motion was
seconded by Councilmember Smukler.
7
® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — JANUARY 25, 2011
Mayor Yates stated he will vote in support of this motion only so there will not be a split
vote, otherwise he would regularly vote in opposition.
VOTE: (4-0-1)
Councilmember Leage returned to his seat with the City Council.
D-2 DISCUSSION OF INSTITUTING URGENCY INTERIM ORDINANCE
PROHIBITING WIND TURBINES FOR 45 DAYS; (PUBLIC SERVICES)
Mayor Yates stated five wind turbines have been installed on the residential roof at 482
Estero Avenue, and has generated community comments both in favor and against this
use. The concerns are quality of.life and degradation of property values; arguments in
favor are in support of alternative energy and property rights. Mayor Yates requested
Council discuss allowing rooftop wind turbines in the City, and decide if a 45-day
moratorium on installation is necessary. A 45-day moratorium would require a 4/5
majority vote.
® Consensus of Council was in support of allowing wind turbines in the City due to
property rights and noting they are a good source of sustainable energy.
No further action was taken on this item.
D-3 DISCUSSION OF CHANGE OF MEETING DATES AND TIMES, AND
NUMBER OF BOARD MEMBERS FOR COMMISSIONS AND ADVISORY
BOARDS; (CITY ATTORNEY)
City Mana'ger Andrea Lueker stated the City Council has changed their meeting date
from the 2 and 4's Monday to the 2°" and 4 Tuesday each month, which now conflicts
with the Recreation and Parks Commission meeting. With the change in the City Council
meetings, staff is interested in also changing the Planning Commission meeting to the I'
and 3 Wednesday each month. In a review of meeting agenda size and topics, staff
believes that meeting six times each year for both the Public Works Advisory Board and
the Recreation and Parks Commission will meet the needs of the City. Should there be a
situation where a meeting is needed a special meeting can easily be called for either
board. Ms. Lueker stated recruitment for both the Recreation and Parks Commission and
the Public Works Advisory Board has traditionally been difficult, with very infrequent
periods of a full seven member board. Staff is recommending the City Council consider
reducing these two boards to five members. Ms. Lueker recommended the City Council
consider the change in meeting times as proposed, and the reduction in the number of
board members on the Recreation and Parks Commission and the Public Works Advisory
Board, and advises staff accordingly.
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MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — JANUARY 25, 2011
Councilmember Smukler stated he does not support reducing the Public Works Advisory
Board to five members.
MOTION: Mayor Yates moved the City Council approve: 1) changing the Planning
Commission meeting schedule to the I" and 3rd Wednesday of the month;
2) reducing the Public Works Advisory Board to a five member board; and
3) amending the Recreation & Parks Commission and Public Works
Advisory Board meeting schedule to alternate every 3`d Thursday of the
month beginning with Recreation & Parks Commission in January. The
motion was seconded by Councilmember Borchard and carried with
Councilmember Smukler voting no. (4-1)
E. DECLARATION OF FUTURE AGENDA ITEMS — None.
ADJOURNMENT
The meeting adjourned at 8:55 p.m.
Recorded by:
Bridgett Kessling
City Clerk
City of Morro Bay
Morro Bay, CA 93442
(805) 772-6200
NOTICE OF SPECIAL MEETING
NOTICE IS HEREBY GIVEN that the Morro Bay City Council will
be holding a Special Meeting on Monday, January 24, 2011 at 5:00 p.m. to
be held at the Veterans' Memorial Building, 209 Surf Street, Morro Bay,
California.
The City Council will be conducting interviews to fill vacancies on the
Planning Commission, Recreation & Parks Commission, Harbor Advisory
Board, Public Works Advisory Board, Community Promotions Committee
and Tourism Business Improvement District Advisory Board.
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.
DATED: January 19, 2011
FINANCE ADMINISTRATION FIRE DEPT. PUBLIC SERVICES
595 Harbor Street 595 Harbor Street 715 Harbor Street 955 Shasta Avenue
HARBOR DEPT. CITY ATTORNEY POLICE DEPT. RECREATION & PARKS
1275 Embarcadero Road 595 Harbor Street 970 Morm Bay Boulevard 1001 Kennedy Way
® City of Morro Bay
City Council Agenda
Mission Statement
The City of Morro Bay is dedicated to the preservation and enhancement of the quality of
life. The City shall be committed to this purpose and will provide a level of municipal
service and safety consistent with and responsive to the needs of the public.
REGULAR MEETING — JANUARY 11, 2011
CLOSED SESSION — JANUARY 11, 2011
CITY HALL CONFERENCE ROOM - 5:00 P.M.
595 HARBOR ST., MORRO BAY, CA
CS-1 GOVERNMENT CODE SECTION 54957.6. CONFERENCE WITH LABOR
isNEGOTIATOR. Conference with City Manager, the City's Designated
Representative, for the purpose of reviewing the City's position regarding the terms
and compensation paid to the City Employees and giving instructions to the
Designated Representative.
CS-2
n
TRANSACTIONS. Instructing City's real property negotiator regarding the price
and terms of payment for the purchase, sale, exchange, or lease of real property as to
two (2) parcels.
Property: 610 Embarcadero, Morro Bay, CA
Negotiating Parties: Stanley Trapp and the City of Morro Bay
Negotiations: Voluntary Purchase and Sale
Negotiating Parties: City Tidelands Trust Leaseholders and the City of Morro Bay.
Negotiations: Lease Terms and Conditions.
IT IS NOTED THAT THE CONTENTS OF CLOSED SESSION MEETINGS
ARE CONFIDENTIAL AND EXEMPT FROM DISCLOSURE.
® PUBLIC SESSION — JANUARY 11, 2011
VETERANS MEMORIAL HALL - 6:00 P.M.
209 SURF ST., MORRO BAY, CA
ESTABLISH QUORUM AND CALL TO ORDER
MOMENT OF SILENCE
PLEDGE OF ALLEGIANCE
MAYOR AND COUNCILMEMBERS ANNOUNCEMENTS & PRESENTATIONS
CLOSED SESSION REPORT
PUBLIC COMMENT PERIOD - Members of the audience wishing to address the Council
on City business matters (other than Public Hearing items under Section B) may do so at this
time.
To increase the effectiveness of the Public Comment Period, the following rules shall be
followed: -
• When recognized by the Mayor, please come forward to the podium and state
your name and address for the record. Comments are to be limited to three
minutes.
• All remarks shall be addressed to Council, as a .whole, and not to any individual
member thereof.
• The Council respectfully requests that you refrain from making slanderous,
® profane or personal remarks against any elected official, commission and/or staff.
• Please refrain from public displays or outbursts such as. unsolicited applause,
comments or cheering.
• Any disruptive activities that substantially interfere with the ability of the City
Council to carry out its meeting will not be permitted and offenders will be
requested to leave the meeting.
• Your participation in City Council meetings is welcome and your courtesy will be
appreciated.
In compliance with the Americans with Disabilities Act, if you need special assistance to
participate in this meeting, please contact the City Clerk, (805) 772-6205. Notification 72
hours prior to the meeting will enable the City to make reasonable arrangements to ensure
accessibility to this meeting.
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 CITY COUNCIL MINUTES FOR THE SPECIAL MEETING OF
DECEMBER 8, 2010 AND THE REGULAR MEETING OF DECEMBER 13, 2010;
(ADMINISTRATION)
® RECOMMENDATION: Approve as submitted.
04
A-2 RESOLUTION NO. 01-11 TO REAFFIRM INVESTMENT OF MONIES IN THE
LOCAL AGENCY INVESTMENT FUND (LAIF) AND DESIGNATE
TRANSACTION OFFICERS; (ADMINISTRATIVE SERVICES)
RECOMMENDATION: Adopt Resolution No. 01-11.
A-3 RESOLUTION NO. 02-11 DESIGNATING AND AUTHORIZING INVESTMENT
TRANSACTION OFFICERS; (ADMINISTRATIVE SERVICES)
RECOMMENDATION: Adopt Resolution No. 02-11.
A4 RESOLUTION NO. 03-11 ADOPTING THE CITY OF MORRO BAY
INVESTMENT POLICY AND DELEGATING AUTHORITY TO THE CITY
TREASURER TO INVEST IDLE FUNDS; (ADMINISTRATIVE SERVICES)
RECOMMENDATION: Adopt Resolution No. 03-11.
A-5 RESOLUTION NO. 04-11 ESTABLISHING TRANSACTION OFFICERS FOR
DOING BUSINESS WITH RABOBANK; (ADMINISTRATIVE SERVICES)
RECOMMENDATION: Adopt Resolution No. 04-11.
A-6 RESOLUTION OF INTENTION TO APPROVE AN AMENDMENT TO
CONTRACT BETWEEN THE BOARD OF ADMINISTRATION CALIFORNIA
PUBLIC EMPLOYEES' RETIREMENT SYSTEM AND THE CITY OF MORRO
BAY - FIREFIGHTERS; (ADMINISTRATIVE SERVICES)
RECOMMENDATION: Adopt Resolution No. 05-11.
A-7 APPROVAL OF A SUBLEASE AGREEMENT BETWEEN M&M
REFRIGERATION AND MORRO BAY OYSTER COMPANY FOR A PORTION
OF LEASE SITE 144/144W LOCATED AT 1287 EMBARCADERO; (HARBOR)
RECOMMENDATION: Adopt Resolution No. 06-11.
A-8 APPROVAL OF MEMORANDUM OF UNDERSTANDING BETWEEN THE
CITY AND THE CENTRAL COAST MARITIME MUSEUM ASSOCIATION FOR
THE DESIGN AND PERMITTING PROCESS FOR A MARITIME MUSEUM IN
THE FRONT STREET PARKING LOT; (PUBLIC SERVICES)
RECOMMENDATION: Approve the Memorandum of Understanding between the
City and the Central Coast Maritime Museum Association for the Design and
Permitting Process of a Maritime Museum in the Front Street Parking Lot.
3
® B. PUBLIC HEARINGS. REPORTS & APPEARANCES
B-1 APPEAL OF THE PLANNING COMMISSION'S DECISION TO APPROVE
COASTAL DEVELOPMENT PERMIT CPO-322 TO ALLOW THE
INSTALLATION OF 9 SOLAR ARRAYS WITH THE ASSOCIATED
STRUCTURES AND MECHANICAL EQUIPMENT. THE PROJECT AS
PROPOSED ALSO INCLUDES THE TRIMMING OF MAJOR VEGETATION;
(PUBLIC SERVICES)
RECOMMENDATION: Deny the appeal and uphold the Planning Commission's
conditional approval of Coastal Development Permit CPO-322.
B-2 APPEAL OF THE PLANNING COMMISSION'S DECISION TO DENY
CERTIFICATION OF THE MORRO BAY CAYUCOS SANITARY DISTRICT
WASTEWATER TREATMENT PLANT ENVIRONMENTAL IMPACT REPORT
AND DENIAL OF THE COASTAL DEVELOPMENT PERMIT CPO-339 AND
CONDITIONAL USE PERMIT UPO-307; (PUBLIC SERVICES)
RECOMMENDATION: Adopt Resolution Number 07-11 and make findings for
approval of the Conditional Use Permit and Coastal Development Permit by
adopting Resolution Number 08-11. Certify Morro Bay Cayucos Sanitary
District's Wastewater Treatment Plant Upgrade EIR and conditionally approve
Coastal Development Permit CPO-339 and Conditional Use Permit UPO-307.
® B-3 ORDINANCE NO. 565 AMENDING MORRO BAY MUNICIPAL CODE
SECTION 2.08.010 OF THE MORRO BAY MUNICIPAL CODE REGARDING
COUNCIL. MEETINGS TIME AND DATE - INTRODUCTION AND FIRST
READING; (CITY ATTORNEY)
RECOMMENDATION: Move for introduction and first reading of Ordinance No.
565.
C. UNFINISHED BUSINESS — NONE.
D. NEW BUSINESS
D-1 CITY COUNCIL ANNUAL MEETING SCHEDULE; (ADMINISTRATION)
RECOMMENDATION: Adopt the proposed meeting schedule for calendar year
2011.
D-2 CONSIDERATION OF REPLACING THE CURRENT PLANNING COMMISSION;
(CITY COUNCIL)
RECOMMENDATION: With three Planning Commission terms expiring January
® 31, 2011; it is recommended to replace the Planning Commission in its entirety.
4
® E. DECLARATION OF FUTURE AGENDA ITEMS
F. ADJOURNMENT
11
El
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.
MATERIALS RELATED TO AN ITEM ON THIS AGENDA SUBMITTED TO THE
CITY COUNCIL AFTER DISTRIBUTION OF THE AGENDA PACKET ARE
AVAILABLE FOR PUBLIC INSPECTION AT CITY HALL LOCATED AT 595
HARBOR STREET; MORRO BAY LIBRARY LOCATED AT 625 HARBOR
STREET; AND MILL'S COPY CENTER LOCATED AT 495 MORRO BAY
BOULEVARD DURING NORMAL BUSINESS HOURS.
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—JANUARY11, 2011
CITY HALL CONFERENCE ROOM - 5:00 P.M.
Mayor Yates called the meeting to order at 5:00 p.m
PRESENT: William Yates
Mayor
Carla Borchard
Councilmember
Nancy Johnson
Councilmember
George Leage
Councilmember
Noah Smukler
Councilmember
STAFF: Andrea Lueker
City Manager
Robert Schultz
City Attorney
CLOSED SESSION
MOTION: Councilmember Johnson moved the meeting be adjourned to Closed
Session. The motion was seconded by Councilmember Borchard and
unanimously carried. (5-0)
Mayor Yates read the Closed Session Statement.
® CS-1 GOVERNMENT CODE SECTION 54957.6; CONFERENCE WITH
LABOR NEGOTIATOR. Conference with City Manager, the City's Designated
Representative, for the purpose of reviewing the City's position regarding the
terms and compensation paid to the City Employees and giving instructions to the
Designated Representative.
CS-2 GOVERNMENT CODE SECTION 54956.8; REAL PROPERTY
TRANSACTIONS. Instructing City's real property negotiator regarding the
price and terms of payment for the purchase, sale, exchange, or lease of real
property as to two (2) parcels.
Property: 610 Embarcadero,-Morro Bay, CA
Negotiating Parties: Stanley Trapp and the City of Morro Bay
Negotiations: Voluntary Purchase and Sale
Negotiating Parties: City Tidelands Trust Leaseholders and the City of Morro Bay
Negotiations: Lease Terms and Conditions
The meeting adjourned to Closed Session at 5:00 p.m. and returned to regular session at
5:50 p.m.
MOTION: Councilmember Borchard moved the meeting be adjourned. The motion
was seconded by Councilmember Smukler and unanimously carried. (5-0)
The meeting adjourned at 5:50 p.m.
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — JANUARY 11, 2011
VETERANS MEMORIAL HALL - 6:00 P.M.
Mayor Yates called the meeting to order at 6:00 p.m.
PRESENT: William Yates
Mayor
Carla Borchard
Councilmember
Nancy Johnson
Councilmember
George Leage
Councilmember
Noah Smukler
Councilmember
STAFF: Andrea Lueker
Robert Schultz
Jamie Boucher
Eric Endersby
Susan Lichtenbaum
Rob Livick
Tim Olivas
Mike Pond
Susan Slayton
Kathleen Wold
Joe Woods
ESTABLISH QUORUM AND CALL TO ORDER
MOMENT OF SILENCE
PLEDGE OF ALLEGIANCE
City Manager
City Attorney
Deputy City Clerk
Harbor Operations Manager
Harbor Business Manager
Public Services Director
Police Chief
Fire Chief
Administrative Services Director
Planning Manager
Recreation & Parks Director
MAYOR AND COUNCIL MEMBERS REPORTS, ANNOUNCEMENTS &
PRESENTATIONS
CLOSED SESSION REPORT - City Attorney Robert Schultz reported the City Council
met in Closed Session, and no reportable action under the Brown Act was taken.
PUBLIC COMMENT
Keith Taylor, Director of the Friends of the Morro Bay Fire Department, congratulated
Todd Gailey and Bill Murphy of the Fire Department for the successful dog rescue down
in Nipomo.
Robert Davis, representing the Morro Bay Citizens Bike Committee, thanked the City for
the North Main Street Bike Lanes. He said the San Luis Obispo Council of Governments
has requested a list of unmet bike needs throughout the county -which the Citizens Bike
Committee compiled a list for Morro Bay (which he listed for Council and the public's
information).
D'Onna Kennedy announced a Veterans' Support Group meeting would be held on
January 20`s, 6:00 p.m: at the Eagles Lodge.
MINUTES - MORRO BAY CITY COUNCIL
® REGULAR MEETING — JANUARY 11, 2011
The following people expressed opposition to Item D-2 (Consideration of Replacing the
Current Planning Commission): Barbara Doerr, Ann Reeves, Dana Putnam, Dorothy
Cutter, Roger Ewing, Nancy Beattie, Bob Doerr and Steve Hennigh.
John Weiss, Incoming President for the Morro Bay Chamber of Commerce, announced
the Annual Chamber Installation Dinner would be held at the Inn at Morro Bay on
January 13`s at 5:30 p.m. He announced upcoming plans for 2011, and invited the public
to come by the Chamber office at any time.
Steve Rodarte requested the City Council consider adopting an ordinance that prohibits
people from smoking while driving in drive -through businesses.
Virginia Hiramatsu announced the Relay for Life meeting schedule for committee
members and team captains. She said the Relay for Life Kick -Off will be held on March
10ie, and a Bunko game to benefit Relay for Life as well as Rotary's Polio Plus has been
scheduled for March 16s'.
Alex Beattie requested the City Council consider special training for its administrative
® staff to include sensitivity and objectivity training.
Betty Winholtz stated moving the City Council meeting to Tuesday night is not being
"business friendly" as it will hurt AGP Video who films the Council meetings. She also
noted prior to the holidays, she submitted a complaint to City staff regarding a tree
cutting without a permit in her neighborhood, and has not received a response.
Ken Vesterfelt stated the Friends of the Morro Bay Police Department are looking to the
community for assistance in raising funds for a K9 dog for the department. He also noted
an Emergency Vehicle Car Show will be held in the City on April 16'h.
John Barta noted he was on the Planning Commission when the City Council feed them a
few years back, and the City Council has that right.
Garry Johnson stated although he is neutral on the issue of the Planning Commission at
this time, the people who are in opposition to the current Planning Commission being
replaced are the same ones who wanted the Planning Commission fired eight years ago.
Steve Hennigh thanked the Council for the opportunity to speak in a public forum, and
also encouraged the City to increase public awareness on meetings to allow the public to
attend and speak their minds.
® Mayor Yates closed the hearing for public comment.
Mayor Yates called for a break at 7:01 p.m.; the meeting resumed at 7:16 p.m.
3
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MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING - JANUARY 11, 2011
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 CITY COUNCIL MINUTES FOR THE SPECIAL MEETING
OF DECEM 3ER 8, 2010 AND THE REGULAR MEETING OF DECEMBER
13, 2010; (ADMINISTRATION)
RECOMMENDATION: Approve as submitted.
A-2 RESOLUTION NO. 01-11 TO REAFFIRM INVESTMENT OF MONIES IN
THE LOCAL AGENCY INVESTMENT FUND (LAIF) AND DESIGNATE
TRANSACTION OFFICERS; (ADMINISTRATIVE SERVICES)
RECOMMENDATION: Adopt Resolution No. 01-11.
A-3 RESOLUTION NO. 02-11 DESIGNATING AND AUTHORIZING
INVESTMENT TRANSACTION OFFICERS; (ADMINISTRATIVE
SERVICES)
RECOMMENDATION: Adopt Resolution No. 02-11.
A4 RESOLUTION NO. 03-11 ADOPTING THE CITY OF MORRO BAY
INVESTMENT POLICY AND DELEGATING AUTHORITY TO THE CITY
TREASURER TO INVEST IDLE FUNDS; (ADMINISTRATIVE SERVICES)
RECOMMENDATION: Adopt Resolution No. 03-11.
A-5 RESOLUTION NO. 04-11 ESTABLISHING TRANSACTION OFFICERS FOR
DOING BUSINESS WITH RABOBANK; (ADMINISTRATIVE SERVICES)
RECOMMENDATION: Adopt Resolution No. 04-11.
A-6 RESOLUTION OF INTENTION TO APPROVE AN AMENDMENT TO
CONTRACT BETWEEN THE BOARD OF ADMINISTRATION
CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM AND THE
CITY OF MORRO BAY - FIREFIGHTERS; (ADMINISTRATIVE SERVICES)
RECOMMENDATION: Adopt Resolution No. 05-11.
1,
MINUTES - MORRO BAY CITY COUNCIL
® REGULAR MEETING — JANUARY 11, 2011
11
A-7 APPROVAL OF A SUBLEASE AGREEMENT BETWEEN M&M
REFRIGERATION AND MORRO BAY OYSTER COMPANY FOR A
PORTION OF LEASE SITE 144/144W LOCATED AT 1287 EMBARCADERO;
(HARBOR)
RECOMMENDATION: Adopt Resolution No. 06-11.
A-8 APPROVAL OF MEMORANDUM OF UNDERSTANDING BETWEEN THE
CITY AND THE CENTRAL COAST MARITIME MUSEUM ASSOCIATION
FOR THE DESIGN AND PERMITTING PROCESS FOR A MARITIME
MUSEUM IN THE FRONT STREET PARKING LOT; (PUBLIC SERVICES)
RECOMMENDATION: Approve the Memorandum of Understanding between
the City and the Central Coast Maritime Museum Association for the Design
and Permitting Process of a Maritime Museum in the Front Street Parking
Lot.
Mayor Yates pulled Item A-1 from the Consent Calendar.
MOTION: Councilmember Borchard moved the City Council approve the Consent
Calendar with the exception of Item A-1. The motion was seconded by
Councilmember Johnson and carried unanimously. (5-0)
A -I APPROVAL OF CITY COUNCIL MINUTES FOR THE SPECIAL MEETING
OF DECEMBER 8, 2010 AND THE REGULAR MEETING OF DECEMBER
13, 2010; (ADMINISTRATION)
Mayor Yates referred to the minutes of December 13, 2010, page 11, and requested the
following amendment:
1) simplify the arcade licensing leeated a"'5 Emb _,.,.. ere Suite i0c requirements
by removing the condition requiring annual review and approval by the City
Council;
MOTION: Mayor Yates moved the City Council approve Item A-1 of the Consent
Calendar as amended. The motion was seconded by Councilmember
Johnson and carried unanimously. (5-0)
5
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — JANUARY 11, 2011
B. PUBLIC HEARINGS. REPORTS & APPEARANCES
B-1 APPEAL OF THE PLANNING COMMISSION'S DECISION TO APPROVE
COASTAL DEVELOPMENT PERMIT CPO-322 TO ALLOW THE
INSTALLATION OF 9 SOLAR ARRAYS WITH THE ASSOCIATED
STRUCTURES AND MECHANICAL EQUIPMENT. THE PROJECT AS
PROPOSED ALSO INCLUDES THE TRIMMING OF MAJOR VEGETATION;
(PUBLIC SERVICES)
Planning Manager Kathleen Wold stated the main issues surrounding this project are the
proposed tree trimming, the view of the solar arrays from the beach area and Highway
One and the California Environmental Quality Act (CEQA) analysis. Located within the
California Coastal Commission's Appeal Jurisdiction this property requires a Coastal
Development Permit to allow for installation of the solar arrays, the associated
mechanical equipment including the inverters and meters and the associated structures.
No other City permits are required due to the project proponent being a superior
governmental agency (state agency) a subdivision of the State. On December 9, 2009 the
San Luis Coastal Unified School District applied for a Coastal Development permit
® (CPO-322) to allow the installation of nine solar arrays including the associated structures
and mechanical equipment. A public hearing was held by the Planning Commission on
November 1, 2010, wherein they conditionally approved the project. On November 12,
2010 an appeal was filed with the City of Morro Bay requesting the City assume the
CEQA jurisdiction, perform an Initial Study to identify the environmental impacts and
incorporate mitigation measures via a Mitigated Negative Declaration. The San Luis
Coastal United School District took the role as the lead agency, and conducted the CEQA
review and determined that the project qualified for the following categorical exemptions
under Class 2 (c), 3 (e) and 14. The appellant is appealing the school district as the Lead
Agency responsibilities under CEQA Section 15051. The relief the appellant is seeking
is to have the City assume the CEQA jurisdiction and perform an Initial Study to identify
environmental impacts and incorporate mitigationmeasures via a Mitigated Negative
Declaration. Staff has reviewed the appeal and determined that there was no evidence
submitted into the record via the appeal document which substantiated that the San Luis
Obispo Coastal Unified School District could not assume Lead Agency status under
CEQA or that the project as conditionally approved is inconsistent with the City of Morro
Bay's General Plan/Local Coastal Plan. Ms. Wold recommended the City Council
uphold the Planning Commission's conditional approval.
Mayor Yates opened the hearing for public comment.
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — JANUARY 11, 2011
Julie Tacker stated she has appealed this project because it is inconsistent with portions of
the City's Visual Resources and Scenic Highway Element objective to enhance, protect and
preserve the existing and potential visual resources of Morro Bay and its surroundings. She
also said the project is specifically inconsistent with the City's Local Coastal Plan policies
relating to protecting views along the coast and designated scenic area. Ms. Tacker stated
this project invites visual blight into the City, and she requested the City take Lead Agency
responsibilities assuming CEQA jurisdiction; perform an initial study to identify
environmental impacts, and incorporate mitigation measures via a Mitigated Negative
Declaration.
Brad Parker, Consultant for San Luis Coastal Unified School District, stated the Board of
Education is very much behind this project. He said district -wide, this is approximately 1.7
megawatts of clean, renewable energy which will serve as an example for school children
for generations. Mr. Parker stated "Attachment 3" in the staff report addresses the appeal
contingencies; and, Council should find there is no basis for this appeal.
Piper Riley stated she supports this appeal based on the visual impact. She is also opposed
to the removal of valuable trees and their habitat, the lack of environmental review and
® issues of wetland setback. She said she strongly feels these solar arrays should be installed
on existing rooftops, and foresees the carports being a potential for vandalism or potentially
hazardous for children who may climb on them. Ms. Riley requested Council consider the
protection of vital habitat, visual beauty and consider safety issues by installing these solar
panels on existing structures.
C
Barry Branin stated the school district has the authority to remove trees on their property.
He stated the Planning Commission had recommended placing a condition on this permit to
not decimate all of the trees on the property for placement of the solar arrays. Mr. Branin
stated this project is ill-conceived and recommended the City Council uphold the appeal and
takes back the role as Lead Agency.
Nancy Bast stated one condition of the permit that she thought was wise was to allow one
year for a survey to be performed to see if the trees would affect the solar arrays before any
tree trimming was done. She said she was in support of this appeal, and quoted California
State Code 53067 relating to trees.
Barbara Doerr stated she was surprised with the high decibel levels that come from the solar
arrays. She referred to a letter in the staff report regarding the Scenic Highway and noted
the logic of how some parts of the highway are more attractive than others was a concern,
and she thought it should have been countered by a statement that the City's goal is to make
Morro Bay more attractive and beautiful.
7
MINUTES - MORRO BAY CITY COUNCIL
® REGULAR MEETING — JANUARY 11, 2011
Betty Winholtz stated this is not a CEQA-exempt project. She said it is the City's job to
review the school district's environmental review of this project in order to prove that it will
not: damage the scenic views of Highway One; violate the Noise Ordinance; or, impact the
City's Major Vegetation Policy.
Lindy Owen stated their Advisory Council in Los Osos reviewed this project closely and
their concerns are the tree removal, the unattractive car port structures, child safety, and
concerns of vandalism. She said the solar array panels should be installed on roof tops. Ms.
Owen stated the trees that are proposed to be removed are irreplaceable.
Julie Tacker stated one proposed solar array close to a northern stream or drainage way
supports a wetland habitat on the northern property line.
Brad Parker stated the project as approved by the Planning Commission removes no trees
and does no tree trimming from any of the Monterey Cypress along Highway One. He said
the view from Highway One will be improved by the plantings that will be provided. Mr.
Parker stated at full power, the invertors can produce 65 decibels of noise and will be
located away from classrooms and residential areas; at night there will be zero decibels. He
® said a committee reviewed proposals on where to locate the solar arrays, and carport
structures were recommended instead of rooftops due to the potential of roof leaks over
sensitive areas such as classrooms.
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Mayor Yates closed the hearing for public comment.
The City Council commented on this appeal and was in consensus that they were in support
of staffs review and Planning Commission's approval of this project.
MOTION: Councilmember Borchard moved the City Council deny the appeal and
uphold the Planning Commission's conditional approval of Coastal
Development Permit CPO-322 to allow the installation of 9 solar arrays
with the associated structures and mechanical equipment; and, includes the
trimming of major vegetation. The motion was seconded by
Councilmember Johnson and carried unanimously. (5-0)
0
MINUTES - MORRO BAY CITY COUNCIL
® REGULAR MEETING — JANUARY 11, 2011
B-2 APPEAL OF THE PLANNING COMMISSION'S DECISION TO DENY
,CERTIFICATION OF THE MORRO BAY CAYUCOS SANITARY DISTRICT
WASTEWATER TREATMENT PLANT ENVIRONMENTAL IMPACT
REPORT AND DENIAL OF THE COASTAL DEVELOPMENT PERMIT CPO-
339 AND CONDITIONAL USE PERMIT UPO-307; (PUBLIC SERVICES)
Planning Manager Kathleen Wold stated the Wastewater Treatment Plant (WWTP) is
operated under a National Pollutant Discharge Elimination System (NPDES) Permit (No.
CA0047881) issued by the US Environmental Protection Agency (USEPA) and the
Central Coast Regional Water Quality Control Board (RWQCB). The current NPDES
permit allows for the discharge of a blend of primary and secondary treated effluent to the
ocean through the existing 27-inch diameter outfall pipeline. This discharge is in
accordance with Section 301(h) of the federal Clean Water Act that modifies the
requirement for full secondary treatment in certain cases. The City of Morro Bay and
Cayucos Sanitary District has made a commitment to the Central Coast RWQCB to phase
out the need for the 301(h) modified discharge permit by upgrading the WWTP to at least
full secondary treatment by March 2014. The process of examining the various planning
and design options was carefully analyzed during the past several years through a Facility
® Master Plan (FMP), which was prepared by Carollo Engineers. The process involved
intense technical analysis and public input and discussion, which resulted in the current
project description. Based on the analysis and public input, the Council and District Board
• adopted the final recommendation to upgrade the plant to tertiary treatment using an
oxidation ditch with filtration as the preferred treatment option and retire many of the
existing facilities. Since August 2006, the Joint Powers Authority (JPA), which is
comprised of both the Morro Bay City Council and members of the Cayucos Sanitary
District Board, have been working to develop an FMP for upgrade to the Morro Bay/
Cayucos Sanitary District WWTP through the twenty-year planning period. During this
time, the JPA has been presented with various technical topics ranging from regulatory
requirements to wastewater and biosolids treatment alternatives, and has consistently
provided feedback and direction. Impacts on the receiving waters, the ratepayers in both
communities, and local sustainability were topics that framed discussion in seven public
meetings and other smaller technical subcommittee meetings. Based on the information
contained in this report and all documents referenced within including the Morro Bay
Cayucos Sanitary District Wastewater Treatment Plant EIR, Ms. Wold recommended the
City Council approve Resolution Number 07-11 adopting the findings of fact to allow
certification of the EIR, certify the EIR, approve Resolution Number 08-I1 adopting the
findings of approval for the Coastal Development Permit and Conditional Use Permit and
finally conditionally approve Coastal Development Permit CPO-339 and Conditional Use
Permit UPO-307.
Er
E
MINUTES - MORRO BAY CITY COUNCIL
® REGULAR MEETING — JANUARY 11, 2011
Tom Barnes from Environmental Science Associates is the City's CEQA consultant who
gave a report on the Environmental Impact Report on the Wastewater Treatment Plant
upgrade.
Mayor Yates opened the hearing for public comment.
The following people expressed opposition to the appeal of the Planning Commission's
decision to deny the certification of the Morro Bay/Cayucos Sanitary District Wastewater
Treatment Plant Environmental Impact Report and denial of the Coastal Development
Permit and Conditional Use Permit: Dana Putnam, Joey Racano, Roger Ewing, Bob
Stallard, Bob Doerr, Alex Beattie, Barry Branin, Andrew Christie, Piper Riley, Dorothy
Cutter, Barbara Doerr, Lindy Owen, Jack McCurdy, Julie Tacker, Betty Winholtz, Steve
Hennigh, Bill Weatherford, Jan Romanazi, Lee Johnson, Richard Margetson, Ann
Reeves, Richard Sadowski, and Barbara Jo Osborne.
Nancy Bast requested Council hear all public comment on this matter.
John Barta stated in 2007, the City committed to a timeline of 2013 and spent hundreds
® of thousands of dollars and prepared two EIR's which should be forwarded to the Coastal
Commission. He said the reason the plant is being moved slightly south is because it is on
a floodplain. Mr. Barta requested Council grant the appeal, approve the EIR and move
forward towards a better future.
El
Jim Hayes, Collections Division employee, addressed the amount of money it would cost
to relocate the treatment plant due to the amount of plumbing and the lift station located
at the existing plant.
Mayor Yates closed the hearing for public comment.
Mayor Yates called for a break at 9:10 p.m., the meeting resumed at 9:25 p.m.
Dennis Delzeit, Project Manager, reviewed floodplain and zoning impacts and other
issues raised by public comment.
Mayor Yates stated it is his responsibility to the rate payer to keep the sewer rate as
reasonable as possible. He said he supports upholding the appeal to allow certification of
the EIR.
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MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — JANUARY 11, 2011
Councilmember Smukler stated it is inaccurate to compare the cost of the proposed Los
Osos. Wastewater Treatment Plant with this project because that community is much
larger than Morro Bay and includes the installation of a new collection system. He said it
is important to look at the long-term lifecycle costs of this project compared to alternative
site options. Councilmember Smukler stated he has seen too many red flags with the
proposed site to make a decision without evaluating alternative stand-alone sites.
Councilmember Smukler stated he does not support this appeal, and he does support the
Planning Commission's recommendation.
Councilmember Leage stated he supports moving forward with the project as proposed
allowing changes in the plans as they come.
Councilmember Johnson stated the City's present treatment plant is located in an
industrial zone that is also in a floodplain. She said she cannot understand why people
think this is prime property. Councilmember Johnson stated in the long-term, the plan for
the treatment plant is set up for reclamation when it becomes feasible. She said she was
pleased to see the State Regional Water Quality Board sent the City a letter of support for
the treatment plant upgrade.
® Councilmember Borchard stated the current location of the treatment plant was purchased
50 years ago for the sole purpose of this use with room for expansion. She said based on
the cost to move the plant to another site where there is no current infrastructure, the
financial hardship passed on to the ratepayers would more than double, which she cannot
support. Councilmember Borchard stated she supports the appeal.
Councilmember Smukler stated risks at the existing location to vital infrastructure should
be further evaluated because some, such as sea level rise, weren't around when the Local
Coastal Plan was adopted. He is concerned that the present project is proposed with a
footprint, which staff has been directed to minimize the extent of its use, but it appears
that future expansion of the facility will require sprawl into the surrounding area.
MOTION: Mayor Yates moved the City Council approve Resolution Number 07-11
adopting the findings of fact to allow certification of the EIR, certify the
EIR, approve Resolution Number 08-11 adopting the findings of approval
for the Coastal Development Permit and Conditional Use Permit and
finally conditionally approve Coastal Development Permit CPO-339 and
Conditional Use Permit UPO-307. The motion was seconded by
Councilmember Johnson and carried with Councilmember Smukler voting
no. (4-1)
r
MINUTES - MORRO BAY CITY COUNCIL
® REGULAR MEETING — JANUARY 11, 2011
B-3 ORDINANCE NO. 565 AMENDING MORRO BAY MUNICIPAL CODE
SECTION 2.08.010 OF THE MORRO BAY MUNICIPAL CODE REGARDING
COUNCIL MEETINGS TIME AND DATE - INTRODUCTION AND FIRST
READING; (CITY ATTORNEY)
City Attorney Robert Schultz stated the City Council on December 13, 2010 directed
Staff to change the City Council meeting dates from the second and fourth Mondays to
the second and fourth Tuesdays. Mr. Schultz recommended the City Council accept
public comment and move for introduction and first reading of Ordinance No. 565, by
number and title only, amending Morro Bay Municipal Code Section 2.08.010.
Mayor Yates opened the hearing for public comment.
Betty Winholtz stated when going on-line and researching information on other
communities, she found they maintain this type of change in their municipal code. She
requested the City Council not amend this policy by resolution and maintain it in the
Municipal Code.
® Mayor Yates closed the hearing for public comment.
MOTION: Councilmember Borchard moved the City Council approve for first
reading and introduction by number and title only, Ordinance No. 565
amending Morro Bay Municipal Code Section 2.08.010 of the Morro Bay
Municipal Code Regarding Council Meetings Time and Date. The motion
was seconded by Councilmember Smukler and carried unanimously. (5-0)
C. UNFINISHED BUSINESS — NONE.
D. NEW BUSINESS
D-1 CITY COUNCIL ANNUAL MEETING SCHEDULE; (ADMINISTRATION)
City Manager Andrea Lueker presented to the City Council the 2011 annual meeting
schedule as follows: 1) regular meetin� dates are the second and fourth Tuesdays of each
month with the exception of July 26 , November 22°d and December 27th, which are
traditionally, canceled; and 2) the City Council and Planning Commission normally meet
twice each year for a joint meeting. These meetings have been scheduled on a variety of
dates, including 5 h Monday's as well as on regular City Council meeting days an hour
prior to the normal starting time. For 2011, it is recommended the joint City
Council/Planning Commission meetings are held one hour prior to a regular City Council
meeting. Suggested dates are February 22°d at 5:00 p.m. and September 13th at 5:00 p.m.
�. Ms. Lueker recommended the City Council accept the annual meeting schedule, or advise
staff of any conflicts.
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® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — JANUARY 11, 2011
MOTION: Mayor Yates moved the City Council accept the annual meeting schedule
as proposed by staff. The motion was seconded by Councilmember Leage
and carried unanimously. (5-0)
D-2 CONSIDERATION OF REPLACING THE CURRENT PLANNING
COMMISSION; (CITY COUNCIL)
Mayor Yates stated the Planning Commission should be business and citizen friendly,
and should be respectful of the enormous amount of time applicants and staff put into a
project to prepare the project for presentation before the Planning Commission. In recent
years, the Commission has repeatedly nit-picked projects, attempted to act as a Design
Review Board, and generally been non -supportive and combative with staffs decisions.
With three Planning Commission vacancies, and based on recent actions of the existing
Planning Commission, Mayor Yates recommended the City Council agree to replace the
entire Planning Commission noting this decision would work well with the application
deadline for Advisory Board vacancies of January 19, 2011 and interview date of January
24, 2011.
® Councilmember Leage stated he agrees with Mayor Yates; this is a critical time and
everyone needs to work together.
Councilmember Smukler stated he is disappointed with this report because these are the
type of people he would like to see on the Planning Commission. He said he thought the
staff report was disrespectful to the Commission and feels they deserve an apology.
Councilmember Smukler expressed concern of what type of message this might send to
those who might consider serving on a City board.
Councilmember Johnson stated the Planning Commission does not know what their
responsibilities and powers are. She said when first on the Planning Commission, she
was trained on the Sphere of Influence, Local Coastal Plan, General Plan, Land Use
Plans, Zoning Ordinance and Variances, and served at the will of the Council.
Councilmember Johnson stated all new Planning Commissioners need adequate training.
She said the Planning Commission is not an architectural review committee; there is no
view ordinance or color code for private homes. Councilmember Johnson stated
applicants and staff should be treated with respect. She said she will vote against
replacing the Planning Commission at this time; however, she recommended the Planning
Commission receive training regarding their roles and responsibilities.
Councilmember Borchard stated she agrees the Planning Commission does require
further training on its responsibilities. She said she feels removing the remaining two
Planning Commissioners would be divisive in the community, and she would not be
opposed to appointing two alternates to the Planning Commission.
13
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — JANUARY 11, 2011
Mayor Yates withdrew this item from consideration.
No further action was taken on this item.
E. DECLARATION OF FUTURE AGENDA ITEMS — None.
ADJOURNMENT
The meeting adjourned at 10:56 p.m.
Recorded by:
Jamie Boucher
Deputy City Clerk
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