HomeMy WebLinkAbout4-23-13 Agenda Packet1
City of Morro Bay
City Council Agenda
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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.
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REGULAR MEETING
TUESDAY, APRIL 23, 2013
PUBLIC SESSION
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
CLOSED SESSION REPORT
MAYOR & COUNCILMEMBERS’ REPORTS, ANNOUNCEMENTS & PRESENTATIONS
PUBLIC PRESENTATIONS
PUBLIC COMMENT - Members of the audience wishing to address the Council on City
business matters not on the agenda may do so at this time. For those desiring to speak on items
on the agenda, but unable to stay for the item, may also address the Council 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.
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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 AGENDA
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 CITY COUNCIL MEETING
OF APRIL 9, 2013; (ADMINISTRATION)
RECOMMENDATION: Approve as submitted.
A-2 STATUS REPORT OF A MAJOR MAINTENANCE & REPAIR PLAN (MMRP) FOR
THE EXISTING WASTEWATER TREATMENT PLAN; (PUBLIC SERVICES)
RECOMMENDATION: Receive and file this report.
A-3 REVISED RECOMMENDATION FROM THE CITIZENS OVERSIGHT
COMMITTEE ON THE REALLOCATION OF STORM DRAIN CARRYOVER
FUNDS IN THE DISTRICT TRANSACTION TAX (MEASURE Q) FUND;
(ADMINISTRATIVE SERVICES)
RECOMMENDATION: Staff recommends accepting the Citizens Oversight
Committee’s recommendation to reallocate the $471,000 Measure Q storm drain
carryover, with $385,000 going to street maintenance, and $86,000 to update the
1987 Storm Drain Master Plan.
A-4 QUARTERLY FINANCIAL STATUS REPORT FOR THE FISCAL YEAR ENDED
MARCH 31, 2013; (ADMINISTRATIVE SERVICES)
RECOMMENDATION: Accept the reports as presented.
A-5 REAFFIRM COUNCIL ACTION OF APRIL 9, 2013 PERTAINING TO THE
SELECTION OF FIVE (5) CITIZEN MEMBERS TO PARTICIPATE ON THE
SELECTION COMMITTEE FOR CONSULTATION SERVICES FOR THE WATER
RECLAMATION FACILITY; (CITY ATTORNEY)
RECOMMENDATION: Reaffirm and approve its previous decision by selecting Don
Boatman, Stephen Shively, Donald Smith, Paul Donnelly and Valerie Levulett to
serve as Citizen Members to Participate on the Selection Committee for
Consultation Services for the Water Reclamation Facility.
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A-6 PROCLAMATION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY
DECLARING MAY 2013 AS BIKE MONTH; MAY 13 TO MAY 17, 2013 AS BIKE
TO WORK WEEK; AND MAY 8, 2013 AS BIKE TO SCHOOL DAY;
(ADMINISTRATION)
RECOMMENDATION: Adopt Proclamation.
A-7 RESOLUTION 25-13 ADOPTING FINDINGS TO UPHOLD THE APPEAL AND
OVERTURN THE PLANNING COMMISSION’S APPROVAL OF COASTAL
DEVELOPMENT PERMIT (#CP0-390), MORRO STRAND CAMPGROUND
IMPROVEMENTS PROJECT; (PUBLIC SERVICES)
RECOMMENDATION: Approve Resolution No. 25-13 adopting findings to uphold the
appeal and overturn the Planning Commission’s approval of Coastal Development
Permit (#CP0-390).
B. PUBLIC HEARINGS
B-1 RESOLUTION NO. 24-13 DECLARING THE INTENTION TO CONTINUE THE
PROGRAM AND ASSESSMENTS FOR THE 2013/14 FISCAL YEAR FOR THE
MORRO BAY TOURISM BUSINESS IMPROVEMENT DISTRICT (MBTBID) AND
SCHEDULING A PUBLIC HEARING TO LEVY THE ASSESSMENTS;
(ADMINISTRATIVE SERVICES)
RECOMMENDATION: Approval to hold a public hearing to record testimony
for/against the continuation of the MBTBID; review the Morro Bay Tourism
Bureau Annual Report and draft FY 2013/14 budget; adopt Resolution No. 24-13;
and set the date of May 14, 2013 for a public hearing to levy the assessments.
B-2 APPROVAL OF CONSENT OF LANDOWNER FOR LEASE SITE 82-85/82W-85W
(ROSE’S LANDING) TO FILE AN APPLICATION FOR DOCK IMPROVEMENTS
AND ALLOW STAFF TO ENTER INTO LEASE NEGOTIATIONS; (HARBOR)
RECOMMENDATION: Consider the three alternatives and provide staff direction;
staff is recommending Alternative B.
C. UNFINISHED BUSINESS - NONE
D. NEW BUSINESS
D-1 PRESENTATION BY ECONOMIC DEVELOPMENT PROGRAM
RECOMMENDATION: Listen to presentation, discuss and provide direction as
necessary.
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D-2 REVIEW AND DISCUSSION OF CO-SPONSORSHIP OF SPECIAL EVENTS TO
INCLUDE INITIAL REVIEW OF THE SPONSORSHIP POLICY; (RECREATION &
PARKS)
RECOMMENDATION: Review and consider the Co-Sponsorship Application and
process, and provide staff with direction for further refinement.
D-3 WATER RECLAMATION FACILITY (WRF) PROJECT STATUS AND
DISCUSSION; (ADMINISTRATION)
RECOMMENDATION: Discuss the progress to date on the Water Reclamation Facility
(WRF) and provide direction to staff as necessary.
D-4 CONFIRMATION OF CITY GOALS AND GOAL OUTLINES FOR 2013;
(ADMINISTRATION)
RECOMMENDATION: Adopt the attached City Goals and Goal Outlines for 2013 as
designated priorities by the City Council of the City of Morro Bay.
D-5 SELECTION OF REAL ESTATE CONTRACT SERVICES AND AUTHORIZATION
TO EXECUTE A RESIDENTIAL LISTING AGREEMENT FOR EXCLUSIVE
AUTHORIZATION AND RIGHT TO SELL THE CITY-OWNED PROPERTY ON
THE CORNER OF CORAL AVENUE AND SAN JACINTO STREET; (CITY
ATTORNEY)
RECOMMENDATION: Review the five proposals for real estate contract services that
have been received, select a real estate broker, and authorize the City Manager to
execute a Residential Listing Agreement for exclusive authorization and right to sell
the City-Owned Property at the SEC of Coral Avenue and San Jacinto Street..
E. COUNCIL 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 772-6205 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.
MINUTES – MORRO BAY CITY COUNCIL
SPECIAL MEETING – APRIL 9, 2013
VETERAN’S MEMORIAL HALL – 5:00PM
Mayor Irons called the meeting to order at 5:00pm.
PRESENT: Jamie Irons Mayor
Christine Johnson Councilmember
Nancy Johnson Councilmember
George Leage Councilmember
Noah Smukler Councilmember
STAFF: Andrea Lueker City Manager
Robert Schultz City Attorney
Jamie Boucher City Clerk
Amy Christey Police Chief
Eric Endersby Harbor Director
Susan Slayton Administrative Services Director
Joe Woods Recreation & Parks Director
Mayor Irons opened up the public comment period; seeing none, public comment was closed.
ITEM: 2013 GOAL SETTING WORKSHOP MAJOR CITY GOAL RESULT
OUTLINES
GOAL #4 - MAINTAIN CORE PUBLIC SAFETY SERVICES
Discussion was held by Council: -under “Brief Discussion”, add an f. Opportunities.
GOAL #5 – ENSURE FINANCIAL SUSTAINABILITY
Discussion was held by Council: -under “Brief Discussion”, add an f. Opportunities; under
“Action Plan, Key Tasks” add to c. …workshops to include more information and detail as
well as a glossary (terms and definitions); change d. from Semi-Annually review… to
Quarterly review…
GOAL #6 – SUPPORT ECONOMIC DEVELOPMENT
Discussion was held by Council: -under “Action Plan, Key Tasks” add an f. Opportunities:.
GOAL #7 – IMPROVE CITY INFRASTRUCTURE
Discussion was held by Council –under “Brief Discussion” add an f. Opportunities; under
“Action Plan, Key Tasks” add an f. Continue to work on boat haul-out and T-pier
projects/improvements; g. Continue to refine the Let us Know module; h.
Investigate/report on the development/status of a maintenance plan for City pathways and
sidewalks - similar to the PMP.
AGENDA NO: A-1 MEETING DATE: 4/23/2013
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MINUTES - MORRO BAY CITY COUNCIL – APRIL 9, 2013
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING – APRIL 9, 2013
VETERAN’S MEMORIAL HALL – 6:00P.M.
PRESENT: Jamie Irons Mayor
Christine Johnson Councilmember
Nancy Johnson Councilmember
George Leage Councilmember
Noah Smukler Councilmember
STAFF: Andrea Lueker City Manager
Robert Schultz City Attorney
Jamie Boucher City Clerk
Amy Christey Police Chief
Eric Endersby Harbor Director
Susan Slayton Administrative Services Director
Joe Woods Recreation & Parks Director
Kathleen Wold Planning Manager
Cindy Jacinth Associate Planner
Mayor Irons called the meeting to order at 6:00 p.m.
ESTABLISH QUORUM AND CALL TO ORDER
MOMENT OF SILENCE
PLEDGE OF ALLEGIANCE
CLOSED SESSION REPORT – City Attorney Robert Shultz reported that City Council met in
Closed Session on the following items: 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 307 and 315 Morro Bay Blvd.,
Meisterlin and City of Morro Bay; Government Code Section 54956.9(a), Conference with Legal
Counsel regarding pending litigation, Meisterlin and City of Morro Bay; and, Government Code
Section 54957.6, 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
following employee organizations and giving instructions to the Designated Representative:
Firefighters Association (FFA), Police Officer’s Association (POA), and Service Employee’s
International Union, SEIU Local 620. No reportable action under the Brown Act was taken.
MAYOR AND COUNCILMEMBERS’ REPORTS, ANNOUNCEMENTS &
PRESENTATIONS
PUBLIC PRESENTATIONS
PUBLIC COMMENT
Robert Davis spoke on behalf of the Library inviting everybody to the Community Open House
at the Library to kick off their remodel campaign. The event occurs on Sunday, April 14th from
2-4pm and will feature raffles, tours and food.
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MINUTES - MORRO BAY CITY COUNCIL – APRIL 9, 2013
Brain Stacy feels he is being terrorized in his own neighborhood and would appreciate the City
getting somebody on it to stop it.
Matt Reid spoke on behalf of Mind Over Matter, a non-profit Post Traumatic Stress & Suicide
Awareness Foundation whose aim is to empower Veteran’s from all generations. They are
hosting a free conference on Saturday, April 27th at New Life Church in Pismo from 10am-noon
where they will be discussing the stigmas surrounding PTS, mental health and suicide amongst
our veterans.
Garry Johnson spoke on Morro Bay’s 50th Anniversary Celebration. He, along with Bill and
Tracy of Suite 1 Photography, have been asked to help gather historical photographs. He urged
anybody with photos to contact Suite 1 or himself.
John Solu spoke on behalf of the Morro Bay Harbor Festival which is being held on October 5th
& 6th. He specifically spoke on Item D-3, Consideration to Co-Sponsor the 2013 July 4th Special
Event with the Morro Bay 4th, Inc. The Harbor Fest’s $260,000 budget equates to approximately
1 million dollars in economic impact to Morro Bay, and is a child friendly, multi-day event. He
asked that Council consider co-sponsoring the Harbor Festival as well as other events that have
an economic impact on Morro Bay.
Richard Sadowski spoke representing the Surfrider Foundation on the WRF issue. He has and
continues to share his thoughts on the project with Council. In his opinion the capacity issues
faced need to be addressed prior to designing a plant. He also feels there is a severe hydrogen
sulfide gas issue in North Morro Bay which comes from the dedicated Cayucos line. Finally, we
need to start recharging our aquifers and need to have recycling.
Ken Vesterfelt promoted Morro Bay’s Emergency Vehicle Car Show being held on Saturday,
April 20th from 9-3pm. He also advertised Morro Bay’s Cruisn’ Car Show being held May 2nd –
May 5th. He stated that the Morro Bay Car Show brings in between $30-$35,000 in TOT and
sales tax and hopes that City fees for non-profit groups can be seriously addressed.
Keith Taylor solicited trophy sponsorship for the Morro Bay Cruisn’ Car Show. People can
sponsor a trophy for only $25.00. He thanked those who have already purchased trophies.
Craig Schmidt stated that there has been a new electric vehicle charging station installed at the
Chamber’s parking lot at 695 Harbor. It has been open to the public since early March. He also
advertised the fact that the Economic Vitality Corporation will be at the Chamber on Friday,
April 19th from 9am-5pm. Business owners can call to schedule an appointment with them.
Lynda Merrill stated that she is very impressed with the outcome of the Goal’s Workshop and
thanked everybody for their hard work. She also spoke on Item D-2, Selection of 2 Citizen
Members to Participate on the Selection Committee for Consultation Services for the WRF
stating that she knows both Don Boatman and Barry Brannin and feels they have both followed
the treatment plant issue from the start and recommends them both.
George Daniels spoke on the Morro Strand State Park issue wondering who took care of the
plants by the ocean as he feels “his ocean is disappearing”. He wants to know why it has become
so overgrown.
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MINUTES - MORRO BAY CITY COUNCIL – APRIL 9, 2013
Mayor Irons closed the public comment period.
A. CONSENT AGENDA
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 CITY COUNCIL MEETING
OF MARCH 26, 2013; (ADMINISTRATION)
RECOMMENDATION: Approve as submitted.
A-2 ANNUAL REPORTING ON THE MORRO BAY TOURISM BUSINESS
IMPROVEMENT DISTRICT AND SCHEDULING OF A PUBLIC HEARING;
(ADMINISTRATIVE SERVICES)
RECOMMENDATION: Acknowledge receipt of the annual report and set the date for
the public hearing to be held on April 23, 2013, in order to continue the MBTBID
activities and assessments.
A-3 PROPOSED AMENDMENTS TO THE LEAGUE OF CALIFORNIA CITIES
BYLAWS; (ADMINISTRATION)
RECOMMENDATION: Staff recommends the City Council submit a “yes” vote
adopting the two proposed amendments to the League of California Cities Bylaws.
A-4 RESOLUTION NO. 21-13 AUTHORIZING EXECUTION OF A DEED OF TRUST
FOR THE LEASE AGREEMENT ON LEASE SITE 78-81/78W-81W (VAN
BEURDEN INVESTMENTS); (CITY ATTORNEY)
RECOMMENDATION: Adopt Resolution 21-13 authorizing the Mayor to execute a
consent agreement regarding a deed of trust for Lease Sites 78-81/78W-81W with
Rabobank, N.A., and Van Beurden Investments for refinancing of improvements at
701 and 715 Embarcadero.
A-5 A PROCLAMATION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY
DECLARING THE MONTH OF APRIL “FAIR HOUSING MONTH”;
(ADMINISTRATION)
RECOMMENDATION: Approve Proclamation
A-6 AUTHORIZATION TO FILE NOTICE OF COMPLETION FOR THE 2012 STREET
REHABILITATION PROGRAM (MB-2012-S2); (PUBLIC SERVICES)
RECOMMENDATION: Authorization for staff to File Notice of Completion for the
2012 Street Rehabilitation Program (MB-2012-S2).
Mayor Irons opened up the public comment period for items on the Consent Calendar.
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MINUTES - MORRO BAY CITY COUNCIL – APRIL 9, 2013
Betty Winholtz spoke on Item A-4, Approval of a Budget Allocation for Gangway Repair at the
South Launch Ramp Commercial Boat Slips cautioning Council about putting the lease up for
collateral. While it has been done before, it was uneasy; she hopes this doesn’t become a pattern.
Mayor Irons closed public comment for the Consent Calendar.
MOTION: Councilmember Nancy Johnson moved the City Council approve Items A-
1, A-2, A-3, A-4, A-5 and A-6 of the Consent Calendar as presented. The motion was
seconded by Councilmember Christine Johnson and carried unanimously 5-0.
B. PUBLIC HEARINGS
B-1 APPEALS OF COASTAL DEVELOPMENT PERMIT (#CP0-390) TO ALLOW THE
UPGRADE OF EXISTING CAMPSITES LOCATED AT MORRO STRAND STATE
PARK CAMPGROUND; (PUBLIC SERVICES)
Councilmember Christine Johnson had to recuse herself from this item due to a conflict of
interest.
Associate Planner Cindy Jacinth presented the staff report which included materials presented by
the appellants for denial of the project. She also read into the record a portion of the LCP, 2.
Policies by Planning Area, Area 1 – North Morro Bay, Policy 1.10 which after additional
research into the Local Coastal Plan, is a policy that requires additional conditions of approval be
added to development permits that are issued to Atascadero State Beach projects.
Cathy Novak spoke on behalf of Harold Wiebenga, one of the two appellants. The questions
raised are: is this a prudent use of tax payer money and is this proposed project consistent with
the goals and objectives of State Parks and the City of Morro Bay? Of great concern to the
neighbors is: noxious odors from campfires and diesel powered vehicles, hillside/bank slippage,
restrooms should be brought up to ADA standards, need for additional parking, need for better
community relations and interactions with surrounding residents, landscaping and ongoing
maintenance that has not been addressed, providing showers for campers, removal of lower cost
camp sites, and pedestrian access. Regarding the second question, the crux of the problem with
the proposed project is: smaller camp sites will be replaced with larger and higher end RV camp
sites, this is a small park within a residential neighborhood that should be left as is to be in
keeping with the character of the area; there is no plan for additional landscaping of camp site
areas, only enlargement of asphalt areas; there is no plan to address the renovation of the existing
restroom and shower facilities; and, there are no measures to address the other concerns and
impacts that have been previously identified. They don’t want the park to lose the funding
however they believe that there needs to be more creativity with the proposed project that will
accomplish the objective for additional revenues and at the same time protect and enhance the
goals of the community and visitors in Morro Bay. There is a request to either continue the
hearing to a future meeting or to deny the project without prejudice so as to work towards
keeping the funding source alive for the necessary Park renovation work.
Harold Wiebenga stated that he is tired of the air pollution that the park generates. He would
like to have Council take a look at all the pollutants coming from the park.
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Wally Auerbach, as the second appellant, appealed the project for 3 reasons: first, the proposed
project has come too far too fast for everybody to fully absorb it which has created a lack of
trust; second, the discourse at the Planning Commission was short on facts and short on depth;
and finally, in his opinion, the project is not consistent with the various General Plan and Local
Coastal Plan and that should first be discussed and resolved before moving forward. He is
hopeful that Council will deny the project without prejudice and send State Parks back to create a
partnership with the community that works to address these problems.
Brooke Gutierrez spoke on behalf of the applicant, Morro Strand State Park. This all started due
to scheduled Statewide park closures; in order to keep Morro Strand open and keep it off the
closure list, they needed to generate more money. The money for this project was granted by the
State in a competitive fashion. There is a 2 year moratorium for park closures so this money is
only available for a finite period of time. They are very open to suggestions and
recommendations; however there is a tight window of opportunity to improve the park before the
moratorium period ends. They also feel that the issues that they have been made aware of, while
very valid, are outside the scope of the project as proposed.
Mayor Irons opened up public comment for Item B-1.
Keith Taylor lives on Beachcomber and what worries him is that this will take away from sites
that low and moderate income people can stay. He is also bothered by the lack of park
maintenance, there is no handicapped access, and there are no showers.
Fred Wickman also lives on Beachcomber and it is his sincere hope that the Council table this
item but if you choose to move forward, he hopes that you will provide 2 additional conditions of
approval having to do with beach access and parking issues.
Bill Martoney stated that sometimes bigger isn’t better. He doesn’t see the need to spend
$800,000 on 25 RV spaces and feels that money would be better spent on revitalizing the
restrooms, putting in showers and providing a better park design.
Betty Winholtz stated that this plan doesn’t meet the City’s General Plan and Local Coastal Plan,
nor does it meet the State Parks General Plan. Also, staff didn’t present an informative staff
report; it should have shown access, circulation and visual resources, none of which were talked
about; you also need to talk about the municipal code as it relates to landscaping and lighting
issues. There is also a need to explore what the addition of 25 RV’s means to air pollution in the
area. She hopes that this will be postponed or continued as it is not ready to be decided tonight.
Barry Brannin feels this is moving too quickly. He also feels it will get appealed to the Coastal
Commission and doesn’t want Morro Bay to go through another embarrassment with the CCC.
He feels it should be studied further.
Lynda Merrill disagrees with the staff report that states that there is no evidence of air, noise or
ground pollution exists. She wondered if State Parks could put in gas fire pits; she questioned
additional noise pollution; she agrees with the need for new restrooms and feels that the
landscaping should be extensive and beautiful.
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MINUTES - MORRO BAY CITY COUNCIL – APRIL 9, 2013
Steve Simas stated that the Park hasn’t been updated in years. He also doesn’t think that the
occupancy rate will go up that much as the RV’ers he’s talked to don’t feel that Morro Stand will
ever have the amenities that they look for in a park.
George Daniels doesn’t see a reason to close the park down. He also agrees that the Park hasn’t
been kept up in years. He suggested that there be a time limit for the use of the fire pits. He also
feels there should be beach access at the south end.
Mayor Irons closed the public comment period.
Tom Kidder from State Parks stated that the restroom situation is being addressed pursuant to the
2005 court case Tucker vs. California State Parks, but is subject to funding availability and
bathroom priority lists and will be 4-5 years before the State will be able to upgrade the
bathrooms.
Doug Barker from State Parks disputed comments that the project was inconsistent with the
City’s LCP and the State Parks General Plan and summarized goals from the State Parks General
Plan which demonstrate the project’s consistency and stated that while many, they are working
towards accomplishing their goals.
Councilmember Smukler stated that the Park is an incredible asset to Morro Bay and he also
recognizes the Park has been neglected and needs to be invested in. He feels we need a better
plan for the park and doesn’t see that the City has those assurances with this project. He feels we
need stronger neighborhood buy-in as well as better day use provisions. He also feels that if the
plan isn’t refined that the Coastal Commission won’t approve it. He feels the key areas that need
attention are public access/day use from Beachcomber, parking including day use and overflow,
view shed protections, landscaping, overall park amenities, and general impacts to both the
neighborhood and the park experience. He would like to see this approached from a master
planning perspective.
Councilmember Nancy Johnson agrees with most of what Councilmember Smukler stated. She
feels that it’s important for State Parks to talk to neighbors in the area and that compromise on
some of the items needs to take place. She feels it’s important to move the bathroom up the list;
she feels it’s important to continue to have this park meet the needs of the many mid to lower
income campers; maybe we can compromise in the number of RV spaces that are put in; and,
possibly limit the time for evening camp fires.
Councilmember Leage feels that the State Park has to consider the people living in the area and
do the best they can to try to satisfy them. He agrees 100% with Councilmembers Nancy
Johnson and Smukler’s comments.
Mayor Irons reviewed and reaffirmed the City’s conditions of approval for the project. He also
confirmed that access and parking were of great importance. He was concerned that there wasn’t
a height limitation on the landscaping and how it would protect the screening area.
Councilmember Nancy Johnson doesn’t feel that we should be the ones planning this. Instead it
would be her choice to deny the project without prejudice and allow them to come back with a
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MINUTES - MORRO BAY CITY COUNCIL – APRIL 9, 2013
new and better plan. She also wants to possibly limit the amount of RV spaces to ensure that the
tent camping component remains.
Planning staff clarified for the record that tent campsites will not be displaced or removed. The
project is proposed to be an upgrade of existing RV campsites to larger size RV campsites. Also,
regarding air pollution, the County Air Pollution Control District (APCD) governs recreational
burning which is allowed under Rule 501.C.1.f.
Councilmember Smukler agrees with Councilmember Nancy Johnson, this needs more
neighborhood outreach and also feels we should deny this without prejudice and focus in on how
a master plan could be developed. He also wants to ensure we reach out to the Legislature in
Sacramento so that they/we are allowed as much time as necessary to do this right as well as
have this project continue to receive the funds.
Mayor Irons thinks it’s important to receive as much public input so as to give the appellant as
much information as possible. The ultimate goal is to keep the park open.
Brooke Gutierrez stated that Parks would be more than happy to convert a space or two into day
use parking which would hopefully alleviate some of the parking issues on Beachcomber. She
agreed the project seems rushed because it is rushed as they only have a 2 year window before
the State Park closure moratorium ends. She feels that if their project was denied that they
would forgo coming back to Council and instead go straight to the Coastal Commission.
MOTION: Councilmember Smukler moved to uphold the appeal and deny the project
without prejudice and requests the applicant to work with the City to develop a phased
proposal with performance standards. The motion was seconded by Mayor Irons and
carried 4-0-1 with Councilmember Christine Johnson having been recused from the item.
B-2 RESOLUTION NO. 22-13 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 presented the staff report.
Mayor Irons opened the public comment period for Item B-2; seeing none, the public comment
period was closed.
MOTION: Councilmember Nancy Johnson moved for adoption of Resolution 22-13
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 Smukler and carried unanimously 5-0.
B-3 RESOLUTION NO. 23-13 INITIATING PROCEEDINGS TO LEVY THE ANNUAL
ASSESSMENT FOR THE CLOISTERS PARK AND OPEN SPACE LANDSCAPING
AND LIGHTING MAINTENANCE ASSESSMENT DISTRICT; (RECREATION &
PARKS)
Recreation & Parks Director Joe Woods presented the staff report.
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MINUTES - MORRO BAY CITY COUNCIL – APRIL 9, 2013
Mayor Irons opened the public comment period for Item B-3; seeing none, the public comment
period was closed.
MOTION: Councilmember Christine Johnson moved approval of Resolution 23-13
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 Leage and carried unanimously 5-0.
C. UNFINISHED BUSINESS – NONE
D. NEW BUSINESS
D-1 WATER RECLAMATION FACILITY (WRF) PROJECT STATUS UPDATE AND
DISCUSSION; (CITY COUNCIL)
City Manager Andrea Lueker presented the update: to date the City has received 1 WRF RFP
back; there has already been conversation about the selection committee held at this meeting;
the appraisal is currently underway for the Righetti property and is expected back by the end of
April; JPA will be meeting on Thursday, April 11, 2013 in Cayucos; staff is working with
Council to find a date for the WRF Study Session and hopes that one can be selected tonight,
there is a decision to be made as to whether or not the study session should be taped.
Mayor Irons opened up the public comment period for Item D-1; seeing none, the public
comment period was closed.
Discussion was held on a date for the study session and Monday, April 29, 2013 was selected.
There was Council consensus to have the Study Session taped by AGP. There was also a request
to issue an addendum to the original WRF RFP to include the fact that the selection committee
will include 5 citizen participants.
D-2 SELECTION OF TWO (2) CITIZEN MEMBERS TO PARTICIPATE ON THE
SELECTION COMMITTEE FOR CONSULTATION SERVICES FOR THE WATER
RECLAMATION FACILITY; (ADMINISTRATION)
City Manager Andrea Lueker presented the staff report.
Councilmember Nancy Johnson requested that more than 2 citizens be appointed to the selection
committee. Councilmember Leage suggested that each Councilmember appoint one member
each. Mayor Irons would be in support of increasing the numbers. Councilmember Nancy
Johnson suggested having 2 panels doing the interviews and meeting together at the end to make
the selection – similar to how hiring selections are often made.
Mayor Irons opened the public comment period for Item D-2.
Don Boatman spoke stating that it was a good idea to have citizen participation on this selection
committee. He did feel that it could be overwhelming if there was too much citizen
participation.
10
MINUTES - MORRO BAY CITY COUNCIL – APRIL 9, 2013
Barry Brannin stated the size could be overwhelming and that 3 would be a good number. He
felt that “if there were too many voices, you won’t be able to hear the music”
Ken Vesterfelt felt that the WRF is of great concern to all the citizens of Morro Bay. In fact he
doesn’t feel that even 10 citizens in a town of 10,000 would be too many.
Lynda Merrill believes this whole process has been going smoothly. She feels that the sticking
with the original plan of 2 citizens would work best.
Mayor Irons closed the public comment period.
Councilmember Leage hoped that by having 5 citizen members, with each Councilmember
appointing one member each would provide for a more balanced committee. Councilmember
Christine Johnson is willing to expand but wants to be able to vote on each, not make an
appointment per Councilmember. She also wanted to ensure everybody was cognizant of the
calendar as scheduling this many people could prove difficult. Councilmember Smukler
personally reached out to the applicants to hear from them regarding their qualifications and was
very impressed which draws him towards expanding; even given that, he is still very cautious
about expanding as it could “muddy the waters”. Mayor Irons is willing to add 2 more and also
feels there needs to be ground rules for the selection process so it continues to move forward and
isn’t stalled due to scheduling issues.
It was determined that the sub-committee will determine how the panels and interviews will take
place. It was also unanimously decided that 5 citizens would be selected to serve on the
committee but that they would be voted on.
A written vote was then taken by each Councilmember with the following results:
Stephen Shively – 4 votes; Linda Stedje – 0 votes; Barry Brannin – 2 votes; Rick
Grantham - 2 votes; Don Boatman - 4 votes; Donald Smith - 3 votes; Paul Donnelly
– 5 votes; Valerie Levulett – 5 votes.
The Councilmembers voted as such:
Smukler: Stephen Shively, Don Boatman, Donald Smith, Paul Donnelly, Valerie
Levulett
C. Johnson: Stephen Shively, Barry Brannin, Don Boatman, Paul Donnelly, Valerie
Levulett
N. Johnson: Stephen Shively, Rick Grantham, Donald Smith, Paul Donnelly, Valerie
Levulett
Leage: Rick Grantham, Don Boatman, Donald Smith, Paul Donnelly, Valerie Levulett
Irons: Stephen Shively, Barry Brannin, Don Boatman, Paul Donnelly, Valerie Levulett
The following citizens were appointed to the Selection Committee: Stephen Shively, Don
Boatman, Donald Smith, Paul Donnelly and Valerie Levulett.
D-3 CONSIDERATION TO CO-SPONSOR THE 2013 JULY 4TH SPECIAL EVENT
WITH THE MORRO BAY 4TH, INC.; (RECREATION & PARKS)
Recreation & Parks Director Joe Woods presented the staff report.
11
MINUTES - MORRO BAY CITY COUNCIL – APRIL 9, 2013
Mayor Irons opened up the public comment period for Item D-3; seeing none, the public
comment period was closed.
Councilmember Leage stated that staff charges for special events can be overkill.
Councilmember Nancy Johnson was concerned that this could open up pandora’s box as there
are so many special events sponsored by non-profit organizations. It’s also difficult to determine
the City fiscal impact of each as each event is so very different.
City Manager Andrea Lueker stated that staff thinks we could bring back a more global staff
report that would deal with most/all of the non-profit events to the second meeting in April or
first meeting in May.
Councilmember Smukler agrees that we need to look at this more globally. At the same time, he
feels that there is something special about the Morro Bay 4th of July event as it is a 100%
volunteer based, no charge to participate, family friendly event.
Mayor Irons discussed the possibility of creating a budget item specifically for this and having
non-profit groups apply for the funds.
There was no motion made or action taken; this item will be brought back to the next meeting
with a more global emphasis.
D-4 DISCUSSION OF ITEMS TO PLACE ON THE JOINT CITY COUNCIL / PLANNING
COMMISSION MEETING AND RESCHEDULING OF THE JOINT MEETING TO
TUESDAY, APRIL 23, 2013; (ADMINISTRATION)
City Manager Andrea Lueker requested Council bring forth items to be discussed at the April 23,
2013 Joint City Council / Planning Commission meeting.
Mayor Irons opened up public comment for Item D-4; seeing none, the public comment period
was closed.
Discussion was held by Council, the following topics were brought up as possible topics:
Measure D, Specific Plan Overlay, Council’s expectation levels of more public dialogue at the
Planning Commission level; and, the possibility of a grant for compact infill. It was decided to
agendize 1) Measure D; 2) Specific Plan Overlay; 3) Discussion of Appeals; and, 4) Discussion
of Goal #3 - Update Plans for Current and Future Land Use Needs.
MOTION: Mayor Irons moved to reschedule the Joint City Council / Planning
Commission meeting to April 23, 2013. The motion was seconded by Councilmember
Christine Johnson and carried unanimously 5-0.
E. COUNCIL DECLARATION OF FUTURE AGENDA ITEMS
Councilmember Nancy Johnson requested a discussion on ways to help State Parks get their
project done and keep their funding; Councilmember Leage and Smukler concurred.
12
MINUTES - MORRO BAY CITY COUNCIL – APRIL 9, 2013
Mayor Irons requested an update identifying the City’s Signage Inventory and coordinate the
status of ongoing Signage Improvement Efforts; there was Council consensus for this item.
Mayor Irons requested discussion on opening the restroom at the lift station building during the
summer months on the Embarcadero; there was Council consensus for this item.
ADJOURNMENT
The meeting adjourned at 10:47pm.
Recorded by:
Jamie Boucher
City Clerk
Prepared by: __RL__ Dept. Review: RL__
City Manager Review:______
City Attorney’s Review:_____
Staff Report
TO: Honorable Mayor and City Council DATE: April 17, 2013
FROM: Rob Livick, PE/PLS - Public Services Director/City Engineer
SUBJECT: Status Report of a Major Maintenance & Repair Plan (MMRP) for the
Existing Wastewater Treatment Plan
RECOMMENDATION
Staff recommends that this report be received and filed.
FISCAL IMPACT
No fiscal impact at this time as a result of this report
DISCUSSION
Staff presented an update of the MMRP status at the April, 11, 2013 JPA meeting with little
transpiring in the subsequent week. Staff has been working on the preparation of the MMRP
items that will be proposed for the 2013/3014 fiscal year budget.
CONCLUSION
Staff will continue to bring a status report on the development of the MMRP to future Council
meetings as directed.
ATTACHMENT
1. Staff Report from the April 11, 2013 JPA meeting – Item A-3
AGENDA NO: A-2
MEETING DATE: April 23, 2013
Staff Report
TO: Honorable Mayor and City Council Members DATE: April 16, 2013
FROM: Susan Slayton, Administrative Services Director
SUBJECT: Revised Recommendation from the Citizens Oversight Committee on the
Reallocation of Storm Drain Carryover Funds in the District Transaction Tax
(Measure Q) Fund
RECOMMENDATION
Accept the Citizens Oversight Committee’s recommendation to reallocate the $471,000 Measure Q
storm drain carryover, with $385,000 going to street maintenance, and $86,000 to update the 1987
Storm Drain Master Plan.
ALTERNATIVES
1. Accept the recommendation from the Oversight Committee, and reallocate the Storm Drain
carryover funds to street maintenance ($385,000) and allocate $86,000 to update the 1987
Storm Drain Master Plan;
2. Accept part of the recommendation, which is to dedicate $86,000 to the update of the 1987
Storm Drain Master Plan update, and leave the remaining funds intact for Storm Drains;
3. Deny the recommendation from the Oversight Committee, thereby leaving the Storm Drain
carryover of $471,000 as it currently exists; or
4. Deny the recommendation from the Oversight Committee, and leave the Storm Drain
carryover in the District Transaction Tax (Measure Q) Fund for future designation.
5. City Council deliberate and develop another plan for utilizing these funds.
FISCAL IMPACT
There is no fiscal impact as this is a reallocation of money from one purpose to another.
AGENDA NO: A-3
MEETING DATE: 04/23/2013
Prepared By: ________ Dept Review:_____
City Manager Review: ________
City Attorney Review: ________
2
SUMMARY
City Council is being presented with options to re-allocate $471,000 of Measure Q Storm Drain
carryover funds, based on a recommendation from the Citizens Oversight Committee. Staff is
asking the City Council to review the options, select one, and provide direction.
BACKGROUND
With the November 2006 election, the citizens of Morro Bay voted in a ½ cent district sales tax,
commonly known as “Measure Q.” This is a General Fund tax and has no sunset date.
The ballot measure stated:
"MEASURE Q-06
The Morro Bay Vital Public Services Restoration and Protection Measure. To preserve
Morro Bay’s safety and character by funding essential services including upgrading
firefighter/paramedic equipment, fire stations, police, street and pothole repairs,
improving storm drains to protect the bay from pollution and other general city services,
shall an ordinance be adopted increasing the City sales tax by one-half cent, subject to
independent annual financial audits, and establishing an independent citizens' advisory
committee to review annual expenditures?"
Ballot Measure Q-06 passed, and the City enacted Ordinance 519, which established the District
Transaction Tax (Measure Q) Fund for the collection of the ½ cent sales tax. Revenues from this tax
began arriving in April 2007.
On September 11, 2012, the City Council passed Resolution No. 46-12, formally dedicating the
Measure Q funds to the following purposes:
1. Improve the Fire Department;
2. Enhance public safety
3. Street maintenance
4. Storm drain maintenance and prevention of toxic runoff into the bay
Ordinance 519 also established the Citizens Oversight Committee. The Committee meets annually
in December to review the revenues and expenditures from the prior fiscal year, along with the
current year-to-date information. The Committee met on December 12, 2012, and reviewed the
transactions from the 2011/12 fiscal year, and prepared a report to the City Council that was
delivered at the February 24, 2013 City Council meeting as a part of the 2012/13 mid-year budget
review. Part of that report addressed a significant amount of Measure Q carryover funds for Storm
Drains ($471,000) that were in excess of what the Committee believed was needed; this was later
confirmed with the Public Services Director Rob Livick. The Committee recommended in its letter
that the majority of this be transferred to the Pavement Management Plan.
3
The City Council declined to take action on the mid-year budget review, and asked that the item be
brought back to them, which it was on March 12th. At that meeting, the following minutes were
taken:
C-1 RESOLUTION NO. 15-13 ADOPTING THE MID-YEAR BUDGET AMENDMENTS;
(ADMINISTRATIVE SERVICES)
Administrative Services Director Susan Slayton presented the staff report.
Mayor Irons wondered about the Measure Q Funds, and asked whether or not any of these
funds could be allocated to an immediate need for streets or storm drains, or should any be
held back for adjustments. Public Services Director Rob Livick stated it would cost
approximately $86,000 to prepare and provide an updated Storm Drain Management Plan,
which he recommends being done. Mayor Irons would like to re-agendize this to see if a
Storm Drain Master Plan would be a good use of Measure Q monies.
Councilmember Smukler…thinks that updating the plan is a good idea and an efficient use of
Measure Q funds, but feels it’s important that we should ask the Measure Q Committee as to
the appropriateness of the use.
Subsequent to this meeting, Ms. Slayton called a special meeting of the Citizens Oversight
Committee, which was held on March 22, 2013.
DISCUSSION
The attached letter is a result of the actions taken by City Council on March 12th, and the subsequent
special meeting of the Citizens Oversight Committee. The Committee questioned the large
carryover in the Storm Drain allocation, thinking it was excessive, and confirmed that with Mr.
Livick before writing the first recommendation letter that was presented to the City Council on
February 26, 2013. The addendum to the letter restates that recommendation more clearly.
City Council has several options for action on this item:
1. Accept the recommendation from the Oversight Committee, and reallocate the Storm Drain
carryover funds mostly to street maintenance with a portion (approximately $86,000) to
update the 1987 Storm Drain Master Plan;
2. Accept the recommendation to allocate approximately $86,000 to the 1987 Storm Drain
Master Plan update, and leave the remaining funds allocated to Storm Drains;
3. Deny the recommendation from the Oversight Committee, thereby leaving the Storm Drain
carryover as it currently exists; or
4. Deny the recommendation from the Oversight Committee, and leave the Storm Drain
carryover in the District Transaction Tax (Measure Q) Fund for future designation.
5. City Council could deliberate and develop a new plan for utilizing these funds.
4
Here are the potential affects of selecting each option:
1. Selecting this option will reallocate $86,000 from the Measure Q Storm Drain carryover to
the 1987 Storm Drain Master Plan update, and $385,000 to street maintenance.
2. Selecting this option will reallocate $86,000 from the Measure Q Storm Drain carryover to
the 1987 Storm Drain Master Plan update, and leave the remaining funds ($385,000)
dedicated for Storm Drains.
3. Selecting this option makes no changes to the Measure Q carryover, leaving the $471,000
dedicated for Storm Drain expenditures.
4. Selecting this option allows the City Council to leave this money ($471,000) in the Measure
Q Fund for future designation.
CONCLUSION
Based on the Citizens Oversight Committee recommendation, City Council is being asked to transfer
the Measure Q allocation of $471,000 from Storm Drains, allocate $86,000 to the update of the 1987
Storm Drain Master Plan, and allocate the balance of $385,000 to street maintenance. Staff has
presented options from which the City Council may choose then direct staff accordingly.
ATTACHMENTS
1. Resolution No. 46-12 Affirming the Intended Use of the City’s One-Half Cent District
Transaction Tax, Commonly Known as Measure Q
2. Memo from the Citizens Oversight Committee, amending its January 3, 2013 letter
3. Memo from the Citizens Oversight Committee, discussing the review of the 2011/12
expenditures
4. Measure Q carryover report
Staff Report
TO: Honorable Mayor and City Council Members DATE: April 17, 2013
FROM: Susan Slayton, Administrative Services Director
SUBJECT: Quarterly Financial Status Report for the Fiscal Year Ended March 31, 2013
RECOMMENDATION
City Council to accept the reports as presented.
ALTERNATIVES
Not applicable
FISCAL IMPACT
There is no fiscal impact as this is only a status report.
SUMMARY
City Council is being presented with the March 31, 2013 quarterly budget and investment reports.
This is an informational item, and no formal action is required.
BACKGROUND
At City Council’s request, the financial status report is presented to Council on a quarterly basis,
which includes the budget performance report well as the investment portfolio. Staff presented the
September 30, 2012, report at the October 9, 2012 meeting, and the December 31, 2012, report with
the mid-year budget at the February 26, 2013 meeting.
DISCUSSION
Presented tonight is the quarterly financial status report for the fiscal year ended March 31, 2013, the
third quarter of the 2012/13 fiscal year. Please remember that when looking at these reports, timing
plays a role in revenue receipt; for example, Transient Occupancy Tax is always received one month
after the tax was collected (TOT charged in July is not due to the City until August 31). In June, we
“double up,” receiving the May TOT by June 30, and accruing the June TOT into the prior fiscal year
AGENDA NO: A-4
MEETING DATE: 04/23/2013
Prepared By: ________ Dept Review:_____
City Manager Review: ________
City Attorney Review: ________
2
with a journal entry. Expenditures are generally more accurate, although one-time expenditures, such
as annual maintenance contracts, will skew the percentage expended.
The optimal percentage at this time of year would be 75% or more, as ¾ of the fiscal year has gone
by. General Fund revenues (page 4) are 67.8% (rounded to 68%) received as of March 31. The
second installment of property taxes will not come in until April, and of course, the timing issue
mentioned above plays a big part in this. General Fund expenditures (page 18) are 89% spent as of
March 31; however, when removing the unbudgeted transfer to the capital projects fund for the Fire
Station, the expenditure percentage drops to 74.6% (rounded to 75%).
As of March 31, performance results on the enterprise funds are as follows:
PERCENT RECEIVED/SPENT
FUND PAGE REVENUES EXPENSES
Transit 30 30% 65%
Water 32 53% 69%
Sewer 34 77% 31%
Harbor 37 79% 74%
As of March 31, performance results on the Wastewater Treatment Plant are as follows:
PERCENT RECEIVED/SPENT
FUND PAGE REVENUES EXPENSES
WWTP 44 48% 65%
The City’s portfolio performance investment report is attached as well. We are averaging a 0.757%
return on our investments.
CONCLUSION
Staff is asking the City Council to review and accept the report as presented.
ATTACHMENTS
1. Budget performance report for activities through March 31, 2013 (56 pages)
2. Portfolio performance report as of March 31, 2013 (1 page)
Staff Report
TO: Honorable Mayor and City Council DATE: April 18, 2013
AGENDA NO: A-5
Meeting Date: 4/23/13 ________
Prepared By: _______________________ Dept Review: ___________
City Manager Review: ________________ City Attorney Review: ________________ Page 1 of 2
FROM: Robert Schultz, City Attorney
SUBJECT: Reaffirm Council Action of April 9, 2013 Pertaining to the Selection of Five (5)
Citizen Members to Participate on the Selection Committee for Consultation
Services for the Water Reclamation Facility.
RECOMMENDATION:
Staff recommends that City Council reaffirm and approve its previous decision by selecting Don
Boatman, Stephen Shively, Donald Smith, Paul Donnelly and Valerie Levulett to serve as Citizen
Members to Participate on the Selection Committee for Consultation Services for the Water
Reclamation Facility.
ALTERNATIVES
Rescind Council Action of April 9, 2013 and select a different number of Citizen Members to
participate on the Selection Committee for Consultation Services for the Water Reclamation Facility.
FISCAL IMPACT:
None. Placing the item on the agenda again required additional staff time.
SUMMARY
The City received a complaint alleging that the City violated the Brown Act at the Council meeting
on April 9, 2013 in regard to the Selection Committee for the WRF. Although no Brown Act
violation occurred, the Brown Act allows the City an opportunity to cure or correct a challenged
action within thirty (30) days. This action will cure any perceived or alleged violation.
Page 2 of 2
BACKGROUND:
On April 9, 2013, the City Council Agenda contained the following item entitled:
Selection of Two (2) Citizen Members to Participate on the Selection Committee
for Consultation Services for the Water Reclamation Facility
At the Council meeting, the Council, prior to taking public comment, discussed and deliberated on
increasing the size of the selection committee from 2 to 5 members based upon the high quality and
number of applicants. The Mayor then opened the discussion for public participation. After public
comment, Council decided to increase the selection committee to 5 citizens and selected Don
Boatman, Stephen Shively, Donald Smith, Paul Donnelly and Valerie Levulett.
On April 12, 2013, the City received an email from Linda Stedjee alleging that the City violated the
Brown Act at the April 9, 2013 City Council meeting. The email alleges that the City failed to give
proper notice for the approval of the number of citizen members to be chosen for the WRF Project
consultation services selection committee.
DISCUSSION
The Brown Act requires that the agenda item contain a brief general description of each item of
business to be transacted or discussed at the meeting. The purpose of the agenda description is to let
the public know what is going to be discussed, not the exact action that will be taken. In this case,
the agenda description clearly informed the public that Council would discuss selection of citizens to
participate on a committee. Members of the public had enough information to decide whether or not
they wanted to attend the meeting and participate. In addition, the Council provided the public the
ability to comment on increasing the selection committee number prior to taking action on the item.
Also, there is a long list of cases that have held that a violation of the Brown Act will not
automatically invalidate an action taken by a local agency or legislative body. The facts must show,
in addition, that there was prejudice caused by the alleged violation. Cohan v. City of Thousand
Oaks (1994) 30 Cal.App.4th 547, 555-556; North Pacifica LLC v. California Coastal Com. (2008)
166 Cal.App.4th 1416, 1433; San Lorenzo Valley Community Advocates for Responsible Education
v. San Lorenzo Valley Unified School Dist. (2006) 139 Cal.App.4th 1356, 1410; North Pacifica LLC
v. California Coastal (2008) 166 Cal.App.4th 1416, 1433-34.
Although I disagree that any violation of the Brown Act has occurred, or that anyone has been
prejudiced by the action taken by the Council, the Brown Act allows the City an opportunity to cure
or correct a challenged action within thirty (30) days. Since we never want to be perceived as
depriving residents of their right to public participation; it appears that it is in the City’s best interest
to simply reaffirm its previous action.
CONCLUSION:
Staff recommends that City Council reaffirm and approve its previous decision by selecting Don
Boatman, Stephen Shively, Donald Smith, Paul Donnelly and Valerie Levulett to serve as Citizen
Members to Participate on the Selection Committee for Consultation Services for the Water
Reclamation Facility.
PROCLAMATION OF THE CITY COUNCIL
OF THE CITY OF MORRO BAY
DECLARING MAY 2013 AS BIKE MONTH;
MAY 13 TO MAY 17, 2013 AS BIKE TO WORK WEEK;
AND MAY 8, 2013 AS BIKE TO SCHOOL DAY
CITY COUNCIL
City of Morro Bay, California
WHEREAS, bicycle commuting is an effective means to reduce air pollution and
conserve energy and promotes the “livability” of communities by reducing traffic, noise and
congestion; and
WHEREAS, Bike Month 2013 is an inclusive request to people of all ages and
abilities, whether veteran or novice, commuter or recreational rider, to ride bicycles to their
destinations throughout San Luis Obispo County; and
WHEREAS, Rideshare will help businesses, organizations and schools encourage and
reward customers, students and employees who commute by bicycle through incentives
awards, lockers and other benefits; and
WHEREAS, bicycle transportation is an integral part of the "multi-modal"
transportation system planned by federal, state, regional, and local transportation agencies; and
WHEREAS, Bike Month promotions such as Bike to Work Week and Bike to School
Day and the iRide Bike Challenge and Bike to Work Week Competition encourages citizens to
ride their bicycles, thereby reducing vehicular emissions in the county; and
WHEREAS, the Suit Commute creates a forum for leaders, business executives,
management, Directors, City Council members, Mayors and the Board of Supervisors to use
active transportation and lead by example by riding to work at least once during May 2013.
NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Morro
Bay does hereby proclaim May 2013 as Bike Month, May 13 to May 17, 2013 as Bike to Work
Week and May 8, 2013 as Bike to School Day.
IN WITNESS WHEREOF I have hereunto
set my hand and caused the seal of the City
of Morro Bay to be affixed this 23rd day of
April, 2013.
_________________________________
JAMIE L IRONS, Mayor
City of Morro Bay, California
AGENDA NO: A-6 MEETING DATE: 4/23/2013
Prepared By: ___RL_____ Dept Review:__RL___
City Manager Review: ________ City Attorney Review: ________
Staff Report
TO: Honorable Mayor and City Council DATE: April 18, 2013
FROM: Rob Livick, PE/PLS – Public Services Director/City Engineer
Kathleen Wold, Planning Manager
SUBJECT: Resolution 25-13 Adopting Findings to Uphold the Appeal and
Overturn the Planning Commission’s Approval of Coastal
Development Permit (#CP0-390), Morro Strand Campground
Improvements Project
RECOMMENDATION:
Staff recommends that the City Council approve Resolution No. 25-13 adopting findings to
uphold the appeal and overturn the Planning Commission’s approval of Coastal Development Permit (#CP0-390)
DISCUSSION: At the April 9, 2013 City Council meeting the Council heard two appeals filed on the
Planning Commission’s conditional approval of Coastal Development Permit (#CP0-390),
the Morro Strand Campground Improvement Project. After taking public testimony, the decision of the Council was to uphold the appeal filed by
Walter R. Auerbach on March 13, 2013, deny the appeal filed by Harold Wiebenga on
March 11, 2013; and deny the project (#CP0-390). The Auerbach appeal specifically stated that the project should be denied based on the project’s noncompliance with the City of
Morro Bay’s Local Coastal Plan. It was noted that the specific areas of noncompliance were
view protection, public access, and parking. In their April 9, 2013 action, Council requested that the applicant (State Parks) work with the City to develop a phased project proposal with
performance standards.
Since the appeal did specifically state the findings for denial, and the Council did not directly state the findings for the record, staff is bringing back findings for the Council’s
consideration and action.
AGENDA NO: A-7 MEETING DATE: April 23, 2013
RESOLUTION NO. 25-13
RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF MORRO BAY, CALIFORNIA
ADOPTING FINDINGS TO UPHOLD THE APPEAL
AND OVERTURN THE PLANNING COMMISSION’S
APPROVAL OF COASTAL DEVELOPMENT PERMIT #CP0-390
MORRO STRAND CAMPGROUND IMPROVEMENTS PROJECT
T H E C I T Y C O U N C I L
City of Morro Bay, California
WHEREAS, the Planning Commission of the City of Morro Bay held a public hearing in
the Veterans Memorial Building located at 209 Surf Street, Morro Bay, California, on March 6,
2013 and did grant a Coastal Development Permit for the upgrade of 25 existing campsites plus
the two camp host sites at Morro Strand State Park Campground to include recreational vehicle
utility hook-ups in order to modernize services as well as increase visitation and revenue; and
WHEREAS, the Morro Bay City Council held a public hearing in the Veterans
Memorial Building located at 209 Surf Street, Morro Bay, California, on April 9, 2013 for the
purpose of considering two appeals (Auerbach and Wiebenga) of Coastal Development Permit
#CP0-390; and
WHEREAS, the applicant (State of California) was required to apply for a Coastal
Development Permit because the project is located in the coastal zone, specifically within the
Coastal Commission’s appeals jurisdiction; and
WHEREAS, the applicant is not required to apply for a building permit or a use permit
because the State Parks project is under the jurisdiction of the State as a superior agency, and not
within the City’s jurisdiction; and
WHEREAS, the City of Morro Bay’s Local Coastal Plan and General Plan set forth
goals for preserving and improving the natural and built environment of the City, protecting the
health of its residents and visitors, and fostering its economy; and
WHEREAS, the Local Coastal Plan and General Plan directs the City to enforce and
implement the goals and policies of the Local Coastal Plan and General Plan; and
WHEREAS, pursuant to the California Environmental Quality Act the project is
categorically exempt pursuant to Section 15301, Class 1. Class 1 consists of the operation,
repair, maintenance, permitting, leasing, licensing or minor alter of existing public or private
structures, facilities, mechanical equipment or topographical features, involving negligible or no
expansion of use beyond that existing at the time of the lead agency’s determination. The project
as described above involves minor alterations to the existing campground through the upgrade of
25 existing campsites plus the two camp host sites to include recreational vehicle hook-ups in
order to modernize services as well as increase visitation and revenue. The upgrade of the
campsites at this campground will not result in an intensification of use; and
WHEREAS, notices of said public hearing were made at the time and in the manner
required by law; and
WHEREAS, on March 27, 2012 the City Council did adopt Resolution No. 15-12 to take
immediate steps to keep Morro Strand State Beach campground open; and
WHEREAS, Resolution No. 15-12 stated that permanent closure of Morro Strand State
Beach Campground will create considerable harm for the City of Morro Bay that relies on
tourism from state parks for their community’s livelihood and community identity; and
WHEREAS, Resolution No. 15-12 also stated that the continued operation of the Morro
Strand State Beach Campground is in the public’s interest, as it provides access to the ocean, and
opportunities for interaction with nature; and
WHEREAS, Resolution No. 15-12 further stated that during the City Council's Annual
Goal Setting Workshop, the Council declared keeping the Morro Strand State Beach
Campground open their number one goal; and
WHEREAS, Resolution No. 15-12 resolved to direct the City Manager to take all
necessary steps and legal means available to make absolutely certain that the Morro Strand State
Beach Campground remains open, including, but not limited to, authorizing the City Manager to
negotiate an Agreement with the State of California for operation of the Morro Strand State
Beach Campground, and also authorizes the City Manager to execute any further documentation
in order to carry out the intent of this Resolution.
WHEREAS, at the Morro Bay City Council on April 9, 2013 considered the appeals of
Coastal Development Permit #CP0-390, the Council determined that there were concerns and
issues raised in regard to compliance with various Local Coastal Plan policies and requested the
applicant to continue the matter to address their concerns; and
WHEREAS, at the hearing on the appeals, the applicant declined to request a
continuance and instead requested that the City of Morro Bay uphold the appeal and deny the
project instead of continuing the appeal to a future date.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro
Bay as follows:
Section 1. Findings. Based upon all the evidence, the City Council makes the following
findings of denial for Coastal Development Permit #CP0-390:
A. That the project is an allowable use in its zoning district, however it has been found to be
not in compliance with the Local Coastal Plan in terms of view protection, public access,
and parking (as it relates to access) based on the information contained within the appeals
filed by Walter R. Auerbach on March 13, 2013. Specifically Section 30251 Scenic and
visual qualities, LCP Policy 12.01; 12.02; 12.03; Section 30212.5 Public facilities;
distribution and Section 30211 Development not to interfere with access; LCP 1.01;
B. The project is not in conformity with the public access and public recreation policies of
Chapter 3 of the California Coastal Act and it was found that the campground has
insufficient parking thereby impeding public access to the beach. Specifically Section
30212.5 Public facilities; distribution and Section 30211 Development not to interfere
with access. LCP 1.01; LCP 1.05; LCP 1.07
C. The appeal filed by Harold Wiebenga on March 11, 2013 did not contain specific criteria
consistent with the Local Coastal Plan to find reason for denial.
Section 2. Council Decision. Based on the above findings, the City Council of Morro
Bay does hereby uphold the appeal filed by Walter R. Auerbach on March 13, 2013, deny the
appeal filed by Harold Wiebenga on March 11, 2013; and deny Coastal Development Permit
#CP0-390 without prejudice. The City Council in upholding the appeal requests the applicant to
work with the City to develop a phased proposal with performance standards.
PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular
meeting thereof held on the 23rd day of April, 2013 on the following vote:
AYES:
NOES:
ABSENT:
______________________________
JAMIE L. IRONS, Mayor
ATTEST:
_____________________________
JAMIE BOUCHER, City Clerk
Staff Report
TO: Honorable Mayor and City Council DATE: April 15, 2013
FROM: Susan Slayton, Administrative Services Director/City Treasurer
SUBJECT: Resolution No. 24-13 Declaring the Intention to Continue the Program
and Assessments for the 2013/14 Fiscal Year for the Morro Bay Tourism
Business Improvement District (MBTBID) and Scheduling a Public
Hearing to Levy the Assessments
RECOMMENDATION
Council to:
1. Hold a public hearing to record testimony for/against the continuation of the
MBTBID;
2. Review the Morro Bay Tourism Bureau Annual Report and draft FY 2013/14 budget;
3. Adopt Resolution No. 24-13; and
4. Set the date of May 14, 2013 for a public hearing to levy the assessments.
ALTERNATIVES
Council may:
1. Adopt Resolution No. 24-13, and set the date of May 14, 2013 for a public hearing to
levy the assessments; or
2. Reject Resolution No. 24-13, and direct staff to bring this item back to the May 14,
2013 meeting for further direction.
FISCAL IMPACT
The 2013/14 draft budget from the Morro Bay Tourism Bureau is summarized below:
Revenues:
Assessments $ 550,000
Proposed City General Fund contribution 216,850
Total Revenues $ 766,850
Expenses:
Visitors Center $ 114,600
Tourism Bureau administration 129,500
Destination marketing 405,900
Regional marketing 116,850
Total Expenses $ 766,850
AGENDA NO: B-1 MEETING DATE: 04/23/2013
Prepared By: ________ Dept Review:_____
City Manager Review: ________ City Attorney Review: ________
SUMMARY
This is the annual reaffirmation of the MBTBID and intention to continue the 3% assessments,
as required by California Streets and Highway Code Section 36520-36537. Staff requests that
Council hold the public hearing to receive testimony for and/or against the continuation of the
MBTBID, review the Morro Bay Tourism Bureau Annual Report and draft FY 13/14 budget,
adopt Resolution No. 24-13, and set the date of the public hearing as May 14, 2013, to levy the
assessments. If rejecting the Resolution, direct staff to bring this item back to the May 14,
2013, meeting for further discussion.
BACKGROUND
The Morro Bay Tourism Business Improvement District (MBTBID) was established by
Ordinance #546, dated April 27, 2009. It is an improvement district composed of hotel
businesses that are self-assessing 3% of the rent charged by the operator per occupied room per
night for all transient occupancies. This improvement district is established under the State of
California Streets and Highway Code Section 36520-36537. Annual reaffirmation of the
improvement district is required.
DISCUSSION
This is the second step in the reaffirmation of the MBTBID, as required by California law.
The financial reports were provided to City Council with the April 9, 2013 staff report. The
annual report of the Morro Bay Tourism Bureau and draft FY 13/14 budget is presented
herewith, along with Resolution No. 24-13, which is the intent to continue the activities of the
MBTBID and levy the 3% assessments.
CONCLUSION
Staff requests that Council hold the public hearing to receive testimony for and/or against the
renewal of the MBTBID, review the annual report of the Morro Bay Tourism Bureau and draft
FY 13/14 budget, adopt Resolution No. 24-13, and set the date of May 14, 2013 to levy the
assessments.
If City Council rejects Resolution No. 24-13, staff requests further direction.
ATTACHMENTS
1. Resolution No. 24-13
2. Annual Report from the Morro Bay Tourism Bureau
3. Draft 2013/14 budget from the Morro Bay Tourism Bureau
RESOLUTION NO. 24-13
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF MORRO BAY, CALIFORNIA,
DECLARING THE INTENTION TO CONTINUE THE PROGRAM AND
ASSESSMENTS FOR THE 2013/14 FISCAL YEAR FOR THE MORRO BAY
TOURISM BUSINESS IMPROVEMENT DISTRICT (MBTBID)
THE CITY COUNCIL
City of Morro Bay, California
WHEREAS, the Parking and Business Improvement Area Law of 1989, Section 36500
et seq., of the California Streets and Highway Code authorizes cities to establish and review
business improvement areas of the purpose of promoting tourism; and
WHEREAS, on April 13, 2009, the City Council held a public hearing and first
reading of Ordinance 546 to establish the Morro Bay Tourism Business Improvement District
(MBTBID), and approved Ordinance 546 at its April 27, 2009 meeting; and
WHEREAS, the advisory board has requested the renewal of the TBID for the 2013/14
fiscal year to continue its activities; and
WHEREAS, all other findings of Ordinance 546 to establish the TBID remain
unchanged; and
WHEREAS, on April 9, 2013, staff presented the annual financial report for the fiscal
year 2011/12 (the third year of the TBID), the adopted budget for 2012/13, all of which are
attached to this Resolution as Exhibit A; and
WHEREAS, the City Council was provided with the Annual Report of the Morro Bay
Tourism Bureau FY 2013/14 budget, and has reviewed said report at this meeting; and
WHEREAS, the annual report and budget generally describes the activities to be
marketing activities, which attract and extend overnight stays in Morro Bay hotels, and operate
the Visitors Center, whose outreach to potential visitors is key; and
WHEREAS, it is the intention of the City Council to levy and collect 3% assessments
from the hoteliers within the TBID for the 2013/14 fiscal year; and
WHEREAS, the City Council conducted a public meeting on April 9, 2013, to affirm
the annual financial reports, and set the public hearing date as April 23, 2013, at 6:00 p.m. (or
soon thereafter as possible), said hearing to be held in the Morro Bay Veterans Memorial Hall
located at 209 Surf Street, Morro Bay, California, in accordance with the California Streets and
Highway Code Sections 36524 and 36525; and
WHEREAS, on April 23, 2013, the City Council conducted a public hearing regarding
the renewal of the TBID for the 2013/14 fiscal year, and set the date of May 14, 2013, as the
public hearing for reaffirming the activities of the MBTBID and levying the assessments.
NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Morro
Bay as follows:
1. That the above recitations are true and correct, and incorporated herein by reference.
2. That the City Council, having affirmed the annual report and budgets on April 23,
2013 at a regular meeting, declares its intention to renew the Morro Bay Tourism
Business Improvement District for the 2013/14 fiscal year, and to levy and collect 3%
assessments from hoteliers.
3. That the City Council sets the date of the public hearing to adopt a Resolution to
reaffirm the MBTBID and levy and collect the 3% assessments from hoteliers as May
14, 2013.
PASSED AND ADOPTED by the City Council of the City of Morro Bay, at a regular
meeting thereof held on the 23rd day of April, 2013, by the following vote:
AYES:
NOES:
ABSENT:
______________________________________
JAMIE L. IRONS, Mayor
__________________________________
JAMIE BOUCHER, City Clerk
Staff Report
TO: Honorable Mayor and City Council DATE: April 16, 2013
FROM: Eric Endersby, Harbor Director
SUBJECT: Approval of Consent of Landowner for Lease Site 82-85/82W-85W (Rose’s
Landing) to File an Application for Dock Improvements and Allow Staff to
Enter Into Lease Negotiations
RECOMMENDATION
Council to consider the three alternatives and provide staff direction. Staff is recommending
Alternative B.
ALTERNATIVES
A. Continue with the historical process as outlined in the Lease Management Policy (no
change).
B. Provide any preliminary consideration and/or comments concerning the Leaseholder’s
proposed project and direct the City Manager to execute the Consent of Landowner
Agreement (attached) with the Leaseholder, and authorize staff to begin lease
negotiations with the Leaseholder for his proposed development at the beginning of the
Planning review process (moderate change from past practice).
C. Direct staff to craft a Development Agreement with the Leaseholder, which includes
finalizing new lease terms based on the Leaseholder’s proposal, now at the beginning of
the Planning review process subject to CEQA and other legal requirements (significant
change from past practice).
FISCAL IMPACT
None at this time. Positive fiscal impact expected if proposed project (slips) are approved and
percent gross revenues are realized over time.
SUMMARY
The leaseholder on Lease Site 82-85/82W-85W, Doug Redican, has proposed a water lease
development commensurate with his portion of a previously-approved development. In addition,
he is requesting that the City enter into a Development Agreement prior to his committing to the
project, and that a new lease be agreed-upon prior to his commencing the Planning process.
AGENDA NO: B-2
MEETING DATE: April 23, 2013
Prepared By: __EE____ Dept Review:_____
City Manager Review: ________
City Attorney Review: ________
2
Staff has analyzed the project and the City’s Lease Management Policy and is recommending an
alternative that they feel best meets the interests of both the tenant and City.
BACKGROUND
The owner of Lease Site 82-85/82W-85W (commonly known as Rose’s Landing), Doug
Redican, undertook a considerable lease site redevelopment in 2002 with a complete tear-down
and rebuild of the site into its current configuration. At the time a new modern 40-year lease
was entered into with the tenant, in addition to a 3-year addendum for a projected total
investment of $1.5M, though final costs were reportedly more. The lease expires in 2045, so it
currently has 32 years left.
In recent history there has been no development on this water lease site. In 2007 Mr. Redican
proposed a significant water-side development in conjunction with the tenant in the adjoining
lease site to the north, 86/86W (801 Embarcadero LLC/Embarcadero Grill), for a water and land
lease development of the two sites in a combined effort physically as well as financially. That
project received Concept-level approval from the City Council in 2008, and Coastal Commission
approval in 2009. However, the two tenants dissolved their interest in the joint project when
they were unable to negotiate a lease with the City. Mr. Redican now wishes to pursue
development of his water lease separately but to a similar degree of what he previously proposed
in the joint project. Mr. Redican has stated that his cost estimate for the added slips will be
approximately $250,000, and when added to his stated costs of the original redevelopment will
be “well above $2 million.”
Historically, when a tenant has proposed a development or redevelopment project on their lease
site, the tenant would submit their plans to the Planning Department for the full public review
under the Planning and Planning Commission processes. Once it received Planning Commission
Concept Plan approval, it would then be moved to the City Council for their Concept Plan
approval. If so approved, staff then had authorization to enter into lease negotiations with the
tenant while the tenant was concurrently applying for and seeking Coastal Commission and any
other permit approvals necessary. Assuming lease negotiations were successful, the City and
tenant would have agreed upon lease terms and conditions largely contingent upon the proposed
development/redevelopment, with the lease term generally predicated on the dollar amount of
investment that the tenant was willing to commit to. Provided the project emerged from the
Coastal Commission intact and relatively unchanged it would receive Precise Plan approval from
the City, and proceed through the normal building process.
The Council-adopted Harbor Department Lease Management Policy (attached) states, in part;
The normal stage for lease negotiation to commence in a reconstruction or redevelopment
situation is when the tenant has received Planning Commission and/or City Council approval of
a Concept Plan for a Conditional Use Permit to redevelop the site.
At the point of Concept Plan approval, the tenant typically has expended a considerable amount
3
of money on engineering, architecture, and consultants to move their plan forward. However, in
recent years, some tenants have experienced difficulty in securing funding for their proposed
project or have been reluctant to commit to large or even moderate-sized development projects
because, until they received Concept Plan approval, there was no written assurance that they
would get to the negotiation table or be able to successfully negotiate a lease with acceptable
terms. This scenario has caused Staff to sometimes bring to Council, proposed projects in closed
session to determine preliminary lease payment terms. However, this process now appears to be
unacceptable because it does not allow the opportunity to publicly vet the project in open session
prior to beginning negotiations.
DISCUSSION
The above-outlined process in our Lease Management policy can prove to be a deterrent to lease
site development/redevelopment and Leaseholders are beginning to seek more assurance at the
outset that the City will commit to their proposed projects. Mr. Redican has re-proposed his
separate plans (attached) and has requested that the City Council consider them and grant him a
Development Agreement with the hopes of establishing agreed-upon lease terms at the outset of
the Planning approval process, as opposed to after he has obtained Concept Plan approval as has
been past practice and as is stated in the Lease Management Policy.
Although it is possible to create such a mechanism for proposed projects, the California
Environmental Quality Act requires that public agencies conduct environmental review before
they commit themselves to a definite course of action. Therefore, so long as the development
agreement does not preclude any alternatives, mitigation measures, and establishes that the
project may be modified or not implemented at all, depending on a number of factors, including
environmental review, then the City could change its policy to allow for development
agreements.
While staff does understand the hurdles faced by lease holders in proposed
development/redevelopment projects, and that it ultimately is in the City’s best interest to
maximize utilization, and therefore revenue, of waterfront lease sites, staff also understands that
there is certain value and logic to the existing process that the risk of a proposed development be
placed entirely on the Leaseholder to ensure that good, viable projects are proposed and
ultimately undertaken. However, staff believes that, given the current economic climate and
other factors, some increased assurance from the City “up front” that a proposed project will be
given a good faith consideration by the City with known possible outcomes, i.e. some degree of
lease terms and conditions, closer to the front-end of the Planning process may be warranted in
some instances.
Three alternatives for Council to consider are being provided, with Alternative B being
considered the Preferred Alternative by staff as providing the best middle ground to
accommodate the Leaseholder, the Public and the City. Under this alternative, prior to the
Leaseholder submitting an application for development/redevelopment, City staff will initiate a
public hearing for the Council to give preliminary consideration and comment to the
4
Leaseholder’s proposal and decide whether to direct staff to issue a Consent of Landowner
agreement and begin negotiations with the Leaseholder. If directed by Council, staff would then
begin the negotiation process with the ultimate goal of having a lease agreement set for approval
at or near the same time as concept plan approval, instead of beginning the negotiation process
after concept approval or without any public input.
CONCLUSION
Staff recommends that City Council provide any preliminary consideration and/or comments
concerning the Leaseholder’s proposed project and direct the City Manager to execute the
Consent of Landowner agreement with the Leaseholder, and authorize staff to begin lease
negotiations with the lease holder for his proposed development now at the beginning of the
Planning review process.
Staff Report
TO: Honorable Mayor and City Council DATE: 4/23/2013
FROM: Joseph M. Woods, Recreation and Parks Director
SUBJECT: Review and Discussion of Co-Sponsorship of Special Events to include Initial
Review of the Sponsorship Policy
RECOMMENDATION
Staffs recommends the City Council review and consider the Co-Sponsorship Application and
process, and provide staff with direction for further refinement.
ALTERNATIVES
1) Continue utilizing the current Co-Sponsorship Application and review process – no change.
2) Expand current Co-Sponsorship Application to add criteria and then develop related levels of
benefits.
FISCAL IMPACT
The fiscal impact of co-sponsoring a specific special event could range from a complete wavier of all
City fees to providing a reduction of some City fees to a name only association. Special events
requiring Public Area Use Permits (outdoor, city-owned property) during the 2012 year were
invoiced for processing, permitting, and use fees; as well as, the labor costs related to City support
services (Fire, Police, Harbor, etc.). The processing, permit and usage fees are specific to permitted
areas and are outlined in the attached Master Fee Schedule. Fees for City support services for each
of the eleven (11) special events invoiced in 2012 totaled $18,594.21. These charges are detailed by
event in the attachment labeled Post Event Charges for 2012. Events which required the most City
support services had major traffic impacts, involved pyrotechnics and/or the sale of alcohol. Co-
sponsoring special events could, depending on the level of sponsorship, decrease revenues to the
General Fund, and increase liability exposure based on the event’s activities.
SUMMARY
The Co-Sponsorship Application and process will be included as a section in an overall Sponsorship
Policy. Staff has included the draft Sponsorship Policy (as reviewed and recommended by the
Recreation and Parks Commission) for your information, but is not asking for any Council action on
that item at this time. The only item for specific discussion this evening is a review of the current
AGENDA NO: D-2
MEETING DATE: 4/23/2013
Prepared By: ________ Dept Review:_____
City Manager Review: ________ City Attorney Review: ________
2
Co-Sponsorship Application and its process, and any alternative direction the City Council may
want to take in the efforts of helping special events in the City. Staff has purposefully provided a
very basic overview of a direction the City Council could move in. Staff anticipates bringing this
item back before the City Council for further discussion and finalization.
BACKGROUND
In 2009 the City began formal discussions on the topic of co-sponsorships with groups hosting
special events. The item was discussed at the Recreation and Parks Commission on both September
3, and October 1, 2009; with recommendations forwarded to City Council for consideration. At the
regular meeting of City Council on October 12, 2009 Council considered three options in regard to
co-sponsorship agreements. Concluding the item, Council approved the continuance of co-
sponsorships with the following conditions:
1. The event is held off-season (November 1st through April 30th).
2. The event is a multi-day, or a one day event with financial return to the City.
3. The requesting party is a non-profit organization.
DISCUSSION
Currently the City co-sponsors two events: Morro Bay Winter Bird Festival and Morro Bay Dahlia
Daze. Both of these events are held in City buildings, either the Community Center or the Veteran’s
Memorial Building and are required to secure a Facility Use Permit. Both events are offered
reduced rates, which is equal to the direct hourly costs for facilities and any direct staff costs such as
a rental attendant or maintenance support.
The City has not entered into a co-sponsorship agreement with any group for an event held outdoors
on City property. Furthermore, the City has only received one formal request to co-sponsor a special
event associated with a Public Area Use Permit. The Morro Bay 4th, Inc. requested co-sponsorship,
and that request is pending City Council’s decision. The Morro Bay 4th, Inc.’s application does not
meet all of the City’s current co-sponsorship criteria. Their event does not occur in the off-season
which is November through April, nor is it a multiple day event. Their event likely has financial
returns to the City, but these returns are immeasurable at this time.
The existing Co-Sponsorship Application and process was set up to benefit the local economy by
providing incentives to non-profit organizations to generate multiple day event(s) during the
shoulder season (November through April). The benefit or value received from the recipient, City of
Morro Bay, would be realized through an increase to the Transient Occupancy Tax and Sales Tax in
the off season. Events not meeting these criteria were not considered for co-sponsorship based on the
intended purpose and benefit to the City.
Should the City Council desire to expand the co-sponsorship criteria, staff suggests modifying the
existing Co-Sponsorship Application to identify pertinent and relative criteria to satisfy the City’s
goal and objectives.
The expanded criteria may include but isn’t necessarily limited to:
3
1. Date of event (off season: November through April)
2. Non-Profit status
3. Event aligns with Department and City Mission Statements
4. Multiple day event
5. Event advertising is outside of County
Upon meeting the some, none or all of the above criteria, the group would be approved for co-
sponsorship and that could coordinate to a specific level of benefit. For example, if an event met
only one of the above criteria, that would equate to #1 below (no lowering or waiving of any fee). If
an event met two of the above criteria, that would equate to #2 below (financial relief of the cost of
benefits). Should the City Council determine they are interested in this sort of matrix, staff will
bring back a further report on the special events, what criteria they would meet and how their fees
would be amended.
1. Standard permitting fees and City support services (base hourly rate + benefits)
2. Standard permitting fees and City support services (base hourly rate only)
3. Lowest permitting fees and City support services (base hourly rate only)
4. Waived permitting fees, but require City support services (base hourly rate only)
5. Waived permitting fees, and City support services
It should be noted that City support services in terms of preparation for special events are not
charged to the event applicant. This preparation includes meeting the applicant to discuss the
proposed special event, site visits, creation and dissemination of permit conditions, and the
development of the Police Internal Special Operations Plan, which is necessary for each special
event.
CONCLUSION
The current Co-Sponsorship Application and process should be considered as part of the greater
Sponsorship Policy (which will come back to the City Council for review). While the current Co-
Sponsorship Application and policy have been working, staff anticipates that the City Council, based
on recent public comments, will begin to receive numerous requests for co-sponsorships. With that
in mind, staff is proposing a more global policy with enhanced criteria. Staff is recommending the
City Council review this proposed direction and should they determine this favorable, staff will
return with further specifics.
Attachments: Draft Sponsorship Policy Co-Sponsorship Application
Post Event Charges for 2012 Master Fee Schedule 2012/13
City Council Staff Report D-3, 4/9/2013
4
Staff Report
TO: Honorable Mayor and City Council DATE: 4/3/2013
FROM: Joseph M. Woods, Recreation and Parks Director
SUBJECT: Consideration to Co-Sponsor the Morro Bay 4th, Inc with the July 4th,
2013 Special Event
RECOMMENDATION:
Staffs recommends the City Council review and consider the proposed co-sponsorship
application from the Morro Bay 4th, Inc., as well as the recommendation from the
Recreation and Parks Commission; and provide staff with direction to complete the Public
Area Use permitting process.
FISCAL IMPACT:
The financial impact for co-sponsorship could range from complete underwriting of all
associated City fees to a partial subsidy of selected services. In FY 2011/12, the event was
invoiced $353.00 for permitting and use fees; and $3,916.55 for City support services.
SUMMARY:
The City has previously co-sponsored events which mutually benefit the parties involved.
Sponsorships should create community relationships as well as support the City’s mission
to preserve and enhance the quality of life. Currently the City has basically three criteria
used as qualifiers for requesting co-sponsorships: the event is multi-day, held off-season,
and by a non-profit organization. If the event is one day, is must show a financial return to
the City.
The Fourth of July, 2013 event held by the Morro Bay 4th, Inc. does meet some, but not all
of these requirements. The Morro Bay 4th, Inc. is a non-profit organization; however, the
event is not off-season and is not multi-day. Being one day, the financial return to the City
could be realized in both the reimbursements of City support services and additional
increase of taxes generated by attracting visitors.
BACKGROUND:
AGENDA NO: MEETING DATE: 4/9/2013
Prepared By: ________ Dept Review:_____
City Manager Review: ________ City Attorney Review: ________
5
In 2009 the City began formal discussions on the topic of co-sponsorships with groups
hosting special events. The item was discussed at the Recreation and Parks Commission
on both September 3, and October 1, 2009; with recommendations forwarded to City
Council for consideration. At the regular meeting of City Council on October 12, 2009
Council considered three options in regard to co-sponsorship agreements. Concluding the
item, Council approved the continuance of co-sponsorships with the following conditions:
4. The event is held off-season (November 1st through April 30th
5. The event is a multi-day, or one day event with financial return to the City.
6. The requesting party is a non-profit organization.
Attached is the complete motion regarding this item for review. Please note staff did
amend the application to include a question of the applicant’s recycling plan. Furthermore
staff has developed expanded criteria for sponsorships which recently was reviewed by the
RPC and will be agendized for Council’s review in the near future.
DISCUSSION:
Currently the City co-sponsors two events, the Morro Bay Winter Bird Festival and Morro
Bay Dalia Daze. Both events were reviewed by the RPC and City Council during the
initial review and have been approved annually by staff. Recently, staff has received an
application for co-sponsorship from the Morro Bay 4th, Inc., which is attached for your
review. At the regular meeting of RPC on March 21, 2013 the Morro Bay 4th, Inc.’s
application was reviewed and supported. The RPC recommends City Council approve the
co-sponsorship with the Morro Bay 4th, Inc. and waive all related permit and City support
services fees.
The Morro Bay 4th Inc. sponsors an annual event to celebrate the Fourth of July for the
City of Morro Bay. This Fourth of July event is a family friendly, alcohol free picnic and
fireworks celebration of Independence Day. This event has increased in popularity over
recent years with the addition of a bike parade and skateboarding event. In co-sponsoring
the Fourth of July event, the Morro Bay 4th Inc. would realize an increased ability to
reallocate resources to enhance their program and marketing efforts. The funds generated
would be directed to program enhancement to better serve the community. In co-
sponsoring, the City will have shown action towards a stated goal as well as increase the
opportunities for sales tax enhancement through the possible increased numbers of
attendees.
In review, this Fourth of July event does not meet all of the City’s requirements for co-
sponsorships. Although the Morro Bay 4th, Inc. is a non-profit organization, the event is
not held in the off-season, and is only a one day event. Presently, staff does not have a
clear definition of financial returns to the City, which is linked to any one day event. This
condition could be interpreted differently depending on type of criteria and resources used
in analysis.
6
The financial return to the City could be realized in both the reimbursements of City
support services and additional increase of taxes generated by attracting visitors. These
taxes may be both sales and transient occupancy, which would be subjected to historical
statistics.
CONCLUSION:
The City has previously co-sponsored events which mutually benefit the parties involved.
Sponsorships should create community relationships, as well as support the City’s mission
to preserve and enhance the quality of life. Currently the City has basically three criteria
used as qualifiers for requesting co-sponsorships: The event is multi-day, held off-season,
and by a non-profit organization. If the event is one day, is must show a financial return to
the City.
The Fourth of July, 2013 event held by the Morro Bay 4th, Inc. does meet some, but not all
of these requirements. The Morro Bay 4th, Inc. is a non-profit organization; however, the
event is not off-season and is not multi-day. Being one day, the financial return to the City
could be realized in both the reimbursements of City support services and additional
increase of taxes generated by attracting visitors. After review, the RPC is recommending
City Council approve the co-sponsorship request by Morro Bay 4th, Inc. and waive all
permitting fees as well as fees associated with City support services.
Attachments: Morro Bay 4th, Inc. application and Post Event invoice dated July 30,
2012
A. Council Report 8/10/2009
B. RPC Report 9/3/2009
C. RPC Report 10/1/2009
D. Council Report 10/12/2009
E. Council Minutes 10/12/2009
7
City of Morro Bay
Morro Bay, CA 93442
(805) 772-6278
May 29, 2012
Morro Bay 4th, Inc.
Mr. Dan Podesto
Post Office Box 43
Morro Bay, CA 93443
Dear Dan:
Thank you for meeting with City Staff regarding your request for a permit for the July 4th use of Tidelands
Park, the Embarcadero, Coleman Drive and the Harborwalk Bike Path. Below are estimates of the costs for
your event and conditions of approval. An invoice will be generated following the event based on actual
usage/hours. Please review all documents carefully and contact me with any questions you may have.
Note: This permit shall not take the place of any other license or permit required by any other agency law.
This permit shall continue for the period as designated. Permits are non-transferable and any change in use,
occupancy, operation or ownership shall require a new permit. Permits shall be kept on the premises
designated at all times and shall be posted in a conspicuous location. The permit is granted providing:
I. GENERAL CONDITIONS
a. A permit and processing fee as well as the Park use fee are due 30 days prior to your event.
Details of fees are presented on approved permit(s).
b. Deposit check for $500.00.
II. RISK MANAGEMENT CONDITIONS
a. Liability insurance naming the City of Morro Bay as additional insured for 1 million from an
“A” rated company (specifications included). Both a certificate of insurance and a policy
endorsement is required to cover Amp Surf, Bike Parade, Skate board Event, and Park
Usage. Please note the specific “Other Insurance Provisions” section requiring the policy
endorsement to include primary and non-contributory language. The applicant/group that is
named in the application and has control and authority over the event must provide the
liability insurance. Liability insurance must be approved at least 14 days prior to your
event. If you are unable to provide this insurance, the City works with a company to provide
insurance. Please contact the Recreation and Parks Department for the application for
insurance.
b. Liability Insurance Coverage for the fireworks show falls under the attached “Fourth of
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July Fireworks Show Temporary Event Conditions” referred to in Section VIII-Legal
Department Conditions.
III. PUBLIC SERVICES DEPARTMENT CONDITIONS
a. Trolley use will be discussed at the Department Head/applicant meeting including trolley
schedule, notification of street closures and special advertising to notify the general public
regarding the amended trolley routes.
b. Adequate trash and recycling receptacles shall be made available and emptied in a timely
manner with continuous litter patrol.
c. All vendors and food distributors to recycle at a minimum 50% of all material generated on
site.
d. Food and beverage distributors shall be encouraged to use paper or plastic containers that are
recyclable and have recycled content. Styrofoam and single use plastic water bottles shall
be highly discouraged.
e. Compliance with the requirements for the Transient Vendor Business License Tax for
vendors.
IV. POLICE DEPARTMENT CONDITIONS
a. Estimate staffing for this year's event dedicated to the July 4th daytime and evening
fireworks show is as follows:
1. Two bicycle teams of two officers (4) officers total x 10 hrs. each = 40 hrs. x OT
rate of $55.00 = $2,200.00.
2. Additional Police Dispatcher - 6 hrs. x OT rate of $30.00/hr = $180.00
3. Equipment Costs (vehicles, barricades) = No Charge
4. Police Volunteer hours-130 hrs. = No Charge
5. Event planning and meetings, traffic control planning, formulation of written
plan, and briefing-Staff time 8 hrs. = No Charge
Total estimated Police Department staffing costs are $4,600
b. Applicant shall be responsible for staffing the vehicle stopping point at Tidelands Park
and handling all parking issues and disputes for the Tidelands Boat Launch Ramp and
parking area. Pending availability, Police Department volunteers will assist at this
location by providing a volunteer to assist the event promoter staff.
c. Bike Parade: Applicant shall be responsible for staffing any vehicle stopping/parking
point at Morro Rock parking lot and handling minor parking issues and disputes for the
Morro Rock parking area.
d. Bike Parade: Parade shall have a police escort in the front and rear to provide a rolling
traffic barrier.
e. Bike Parade: Participants gathering time is scheduled for 11:00 a.m. with the parade
beginning at 12:00 p.m. Route:
Parade starts at the Target Rock parking area.
Enters the bike path at the Coleman Drive intersection
Travels south on the bike path and exits to Embarcadero
Continues South along Embarcadero
Finish at Tidelands Park (N.W. parking lot)
f. Bikes are scheduled to be stored at a bike valet corral at Tidelands Park.
g. Bike corral is scheduled to operate from 12:00 p.m. to 6:00 p.m.
h. Applicant to provide event traffic plan at least 14 days prior to event.
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V. FIRE DEPARTMENT CONDITIONS
a. Staffing consists of a crew of four, already on duty, augmented by two additional
firefighters. Each unit will be staffed with two employees.
1. Fire Marshal inspections range from $0 to $40.00/hour (inspect storage, loading
of fireworks on barge, and safety inspection prior to ignition)
2. One medic unit x 3 hrs (6:30 to 9:30) x $76.88 = $230.64
3. One EMT unit x 3 hrs x $30.00. = $90.00
Total estimated Fire Department staffing costs = $500
b. The entire event site shall abide by all regulations listed in the “Tent and Canopy
Guidelines for Special Event Cooking” and “Tents and Other Membrane Structures”
Ch. 24. (attached)
c. Applicant shall post City provided signs at the park outlining the City ordinance which
prohibits safe and sane fireworks on public property.
d. Emergency Vehicle access (min. 20 ft.) must be maintained at all times.
e. Applicant must have possession of current and valid permit for Fireworks.
f. Applicant must reserve one large parking space for City’s Fire vehicle.
VI. RECREATION AND PARKS CONDITIONS
a. Streets Lead Worker-12 hrs. x $33.55 = $402.60
b. Streets Maintenance Worker-12 hrs. x $29.81 = $357.72
Total estimated Public Services staffing and equipment costs = $760.32
c. It will be necessary to post temporary “No Parking” signs 72 hours prior to the event.
Following the event, these signs must be removed by Thursday, July 5, 2012. Barricades
for traffic/crowd control will also need to be gathered, assembled, disassembled and
returned to the Corp. Yard.
d. “No Parking” signs shall include Event Name, Date and Hours of no parking, and
“MBMC 10.08.030; CVC §22651 (m) (n)”
Reservations/closures of Handicapped parking stalls are prohibited.
e. Estimated Recreation and Parks Department staffing costs: City Maintenance Worker II - 12
hrs. x $26.03 = $312.36 (trash pick-up, general park maintenance during the event, including
restroom maintenance).
f. The park must be completely cleaned by July 5 at noon with all trash, staging, electrical
cords, etc. cleared from the park.
g. Provide adequate port-a-potties to sustain the participants in the event (15-20 units, 2
handicap accessible units and several wash stations).
h. Applicant must maintain an open parking stall in front of the park restroom for both trolley
stops and maintenance vehicle.
i. All setup and breakdown must be performed within the hours stated on the permit.
j. Follow and adhere to all adopted rules and policies set by the Recreation and Parks
Commission and the Recreation and Parks Department as stated on the reverse side of the
P.A.U.P. application.
k. A map/diagram of the event area shall be provided at least two weeks prior to the event.
l. Pony Rides: This attraction must be contained to the south end of Tidelands Park.
Vehicles and trailers must remain in the parking lot. Applicant shall be responsible for
all cleanup associated with the pony attraction.
m. Contact Mike Wilcox, Maintenance Superintendent, at 772-6278 regarding the use of City
barricades and traffic signs and equipment. Arrangements must be made at least 2 weeks
prior to the event. Please note the City will not be able to provide the total number of
10
barricades and traffic control devices necessary. Please make the appropriate arrangements.
VII. HARBOR DEPARTMENT CONDITIONS
a. Contact the Harbor Department concerning use of the side-tie dock. The Harbor Department
does reserve the right to retain at least a boat length of space for public use/Coast Guard use.
b. Maintain public access to the Tidelands Boat Launch Ramp and trailer-towing vehicle
parking spaces until at least 2:00 p.m.
c. Coordinate landing craft/barge placement with vessel operators; 1 officer 1.5 hours @
$65/hour = $97.50.
d. One Harbor Patrol vessel underway with two officers from 7:30 pm to 10:00 pm; 2.5 hours
X 2 personnel, 5 man hours @ $65/hour = $325.
e. Additional safety vessel underway with two officers from 8:00 pm to 10:00 pm; 2 hours X
2 personnel, 4 man hours @ $65/hour = $260.
f. Total estimated Harbor Dept. costs: $682.50.
g. Applicant must obtain a valid Marine Event Permit from the USCG 30 days prior to event.
SURF CONDITIONS
a. The Harbor Patrol access from Morro Rock parking lot to the beach must remain
open at all times.
b. No vehicles are allowed on the beach under any circumstances.
c. Beach/ocean access may not be restricted at any time and must remain open to all.
d. Any banners, signage or structures built/displayed for the event must have prior
approval.
e. Activity is prohibited in the area of designated Snowy Plover habitat, as a result, no
activity will be allowed north of the creek (pursuant to the State approved Snowy
Plover Recovery Plan).
f. One USLA-certified lifeguard must be provided for your event and present and
ready to respond when participants are in the water. If needed, the Harbor
Department may be contacted (772-6254) for names of local USLA-certified
lifeguards that may be contracted-with independently for their services or the Harbor
Department can provide one at the current rate of $65.00/hr. If independently
contracted, at least 15 days prior to the event, the life guard must contact
Harbor Operations Manager Eric Endersby or Harbor Patrol Supervisor
Becka Kelly with their contact information and to brief about their proposed
plan for providing water safety for the event.
VIII. RISK MANAGEMENT/LEGAL DEPARMENT CONDITIONS
FOURTH OF JULY FIREWORKS SHOW TEMPORARY EVENT
Information and Education of Public. The attached “Attention” memorandum will be posted at key
locations on the Embarcadero, at Boat and Kayak launch areas and on the City Trolleys. The attached
“Sharing the Sand Spit with the Western Snowy Plover” memorandum along with a State Parks brochure will
be given to each and every boat launched from the Tidelands boat launch ramp. This area will be barricaded,
requiring each boater to stop and receive the memorandum before entering the boat launch ramp area.
Location. The fireworks shall be launched from a barge in the same location as 2008. The location is
approximately ½ mile from critical habitat area on the sand spit and the rookery at Fairbanks Point. The
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fireworks show will last approximately 20 minutes.
Fencing. All suitable plover-nesting habitats on the Sand Spit shall be identified by a qualified biologist and
delineated with posts and warning signs or symbolic fencing on or before Memorial Day weekend. All posts
and warning signs or symbolic fencing shall remain in place until Labor Day weekend.
Marine Resources Monitoring. A report shall be prepared by a qualified coastal biologist detailing the
effect of the event on any marine wildlife. Such report shall identify a baseline condition of wildlife present in
the event vicinity in advance of the event and describe wildlife movement from field observations during the
day of the event and include follow-up monitoring following the event. The report shall include recommended
event modifications meant to avoid and/or lessen the adverse effect of any identified negative impact on
marine wildlife.
Monitors and Law Enforcement Personnel. Provide adequate numbers of monitors and law enforcement
personnel in the vicinity of plover breeding areas to patrol fenced areas from the time when spectators begin
congregating on the Sand Spit until the crowd disperses after the event. Assure that monitors and enforcement
personnel receive accurate current information about the locations of threatened birds and plants so that they
can minimize any disruptions from their own activities.
Pets. Pets must be leashed and under their owners’ control at all times. Pets will be prohibited on the Sand
Spit if, based on observations and experience, pet owners fail to keep pets leashed and under control.
Cleanup and Restoration of Sand Spit. The Sand Spit and the water area surrounding the Sand Spit shall be
cleared of all debris, including but not limited to all fireworks detritus, and returned to their pre-event
condition by July 5 at 5 p.m. The Permitted shall inspect the Sand Spit and the water area surrounding the
Sand Spit for a minimum of two days following the conclusion of the fireworks (i.e., on Monday and
Tuesday) for any remaining event debris, including but not limited to all fireworks detritus. All such debris
found shall be properly disposed of and the inspections shall continue for at least 24 hours from the time that
any such debris is located, and indefinitely until such inspections do not identify any more debris.
Post-Event Monitoring Report. Within three months of the conclusion of the event, the Permitted shall
submit a brief Post-Event Monitoring Report to the City for review and approval. The Report shall include a
narrative description with photographs of the event, including event set-up, the event itself, and event clean-
up.
Upon receipt of verification of insurance, receipt of permit and use fees, compliance with the above
conditions, your permit will be granted. Should you have any questions, please contact me at your earliest
convenience.
Sincerely,
Joseph M. Woods
Recreation and Parks Director
Staff Report
TO: Honorable Mayor and City Council DATE: 4/17/2013
FROM: Andrea K. Lueker, City Manager
SUBJECT: Water Reclamation Facility (WRF) Project Status and Discussion
RECOMMENDATION
Discuss the progress to date on the Water Reclamation Facility (WRF) and provide direction to staff
as necessary,
ALTERNATIVES
Not applicable at this time.
FISCAL IMPACT
Not applicable at this time.
SUMMARY
Staff provides this report as a bi-weekly update on the progress made with the new WRF project.
BACKGROUND
With the denial of permit for the WWTP project at its current location, the City has embarked on a
process for a new WRF. This staff report provides a review of what has occurred to date as well as
provides the City Council an opportunity for discussion on the WRF project.
DISCUSSION
Below is a brief review of dates, status and accomplishments on the WRF facility:
Date Action_________________________________________________________
AGENDA NO: D-3
MEETING DATE: 4/23/13
Prepared By: ________ Dept Review:_____ City Manager Review: ________
City Attorney Review: ________
2
01/03/13 Special City Council meeting – City Adopted Resolution No. 07-13
recommending denial of the WWTP project.
01/08/13 WWTP Project denied by the California Coastal Commission (CCC).
01/08/13 January JPA not held due to CCC meeting.
01/24/13 City Staff, Morro Bay JPA Sub-Committee, Cayucos SD representatives, staff
and attorney meet and discuss strategy with the goal of moving forward.
02/14/13 February JPA meeting held, “Discussion and Consideration of Next Steps for
the WWTP Upgrade Project” was on the agenda and discussed.
02/26/13 City Council meeting - draft schedule/project timeline presented to City
Council.
City Council directed staff to prepare an RFP for a project manager.
03/11/13 & City Council goal session, WRF established as the #1 Essential City Goal.
03/14/13
03/18/13 RFP issued.
03/26/13 City Council meeting - City Council approves citizens to serve on the RFP
selection committee.
03/27/13 Announcement placed on City website, etc. regarding citizen selection
committee application period.
04/04/13 Citizen selection committee deadline.
04/09/13 City Council meeting - appointment of 5 citizens for the RFP selection
committee at City Council meeting.
04/10/13 Addendum to RFP issued, re: selection committee
04/15/13 RFP due.
04/16/13 Study Session on WRF facility announced for April 29, 2013
04/23/13 City Council meeting – proposed reaffirmation of 5 members of citizen
selection committee.
04/25/13 Meeting of the Council, staff and citizen representatives to determine the
format for the project manager interviews.
05/02/13 Interviews of the WRF project manager applicants.
CONCLUSION
Since the denial of the WWTP permit in January, the City Council has made deliberate and
measurable progress on the WRF project, as outlined above.
Staff Report
TO: Honorable Mayor and City Council DATE: April 16, 2013
FROM: Andrea K. Lueker, City Manager
SUBJECT: Confirmation of City Goals and Goal Outlines for 2013
RECOMMENDATION
Staff is recommending the City Council adopt the attached City Goals and Goal Outlines for 2013 as
designated priorities by the City Council of the City of Morro Bay.
ALTERNATIVES
1. The City Council can adopt the attached City Goals and Goal Outlines as presented.
2. The City Council can make amendments to the attached City Goals and then move for adoption.
FISCAL IMPACT
Not applicable.
SUMMARY
The City Council and City Staff engaged in a Goal Setting process in March 2013 which provided
10 City goals broken down into 1 ”Essential City Goal”, 6 ”Major City Goals” and 3 “Other
Important Objectives”. The goals and their corresponding goal outlines are provided for review and
approval.
BACKGROUND
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 such workshop, facilitated by Amy Paul of Management Partners. The
second Goal Setting Workshop was held on February 17 & 18, 2009 with the 2010 Goal Setting
Workshop held on March 16 & 17, 2010. The City Council did not hold a separate process in 2011,
but instead held a public workshop entitled “Council Direction on the 2011/2012 City Goals and
Priorities” at their March 8, 2011 meeting. On March 6 & 7, 2012 the City Council held a 2 day
Goal Setting Workshop facilitated by Rich and Sharon Thomas.
AGENDA NO: D-4
MEETING DATE: April 23, 2013
Prepared By: ________ Dept Review:_____ City Manager Review: ________
City Attorney Review: ________
2
For fiscal year 2013/14, staff sent out a very brief Request for Proposal (RFP) in late November,
2012. Three of the four proposals were returned and the City Council evaluated those proposals at
their January 3, 2013 Council meeting. The Goal Setting Contract for Services was then awarded to
Don Maruska in the amount of $5,000.
DISCUSSION
The City Council held two Goal Setting Workshops, March 11th and March 13th which resulted in
the selection of 10 City Goals, separated as such: 1 Essential City Goal, 6 Major City Goals and 3
Other Important Objectives. The City Council then directed staff to provide Goal Outlines for the 1
Essential City Goal and the 6 Major City Goals. Those outlines were developed and City Council
reviewed, discussed and amended those 7 goals during two Special City Council meetings held on
March 26th and April 9th.
CONCLUSION
Attached are the 10 City Goals established during the March 2013 Goal Setting process. Staff is
recommending the City Council adopt the Goals as well as the Goal Outlines.
1
City of Morro Bay
2013 Goal Setting Workshop
Essential City Goal – Outline Goal 1
1. Objective - Develop a New Water Reclamation Facility (WRF)
2. Brief Discussion - Develop and implement a long-term wastewater treatment and reclamation plan
with specific project milestones for a new facility satisfying key partners, public, and regulatory
agencies, with a short-term focus on site location, type of project, funding, and affordability
a. Key factors driving the need: Aging infrastructure at the end of its lifecycle
b. What’s been accomplished: Project manager RFP approved and released, draft project
schedule created, WRF Study Session being planned for late April 2013
c. Challenges/obstacles: Funding, location of new facility, timeline, community support/buy-in
d. Stakeholders: Morro Bay residents and visitors, business owners
e. Key assumption: Plant to be moved, likely to accommodate both MB and Cayucos,
reclamation to be included
f. Opportunities: Community support and communication, diversify the City’s water supply 3. Action plan
Key tasks Schedule Measurable milestones Status
a. Hire Project Manager for the preliminary May 2013 Negotiations, contract signed
phase of the project
b. Conduct WRF rate study July 2013 Rate Analysis completed
c. Determine Goals/Objs of WRF Sept. 2013 Agreed upon goals and obj.
d. Issue RFP for Facilities Master Plan Dec. 2013 Document available
e. Determine project site Dec. 2013 Begin acquisition of site
f. Pursue alternative funding (grants, loans) Ongoing Report to City Council
g. Engage public in all possible phases
h. Provide quarterly status report
4. Responsible department – Administration, Public Services
5. Estimated financial and staff resources – with the hiring of a project manager, no additional City
staff are anticipated to be needed for the next two year period. Construction will necessitate
additional funds and staff will be working to identify those resources on an ongoing basis.
6. Desired outcome and community benefit - both the communities of Morro Bay and Cayucos are
ready to make progress on the goals/objectives, site selection and construction of a new WRF.
2
City of Morro Bay
2013 Goal Setting Workshop
Major City Goal – Outline Goal 2
1. Objective - Improve Streets
2. Brief Discussion - Increase the maintenance, functioning and safety of the streets within existing
budget levels, while exploring short and long-term strategies and plans to fund more
a. Key factors driving the need: Aging infrastructure at the end of its lifecycle
b. What’s been accomplished: Over the past 2 years, over 1.5 million has been allocated for
street repair in accordance with the adopted Pavement Management Plan (PMP). A Street
Summit was held in January to review the PMP and provide an avenue for the public to
comment on the plan. The City Council will consider the results of the Street Summit at their
3/26/13 meeting
c. Challenges/obstacles: Funding, timeline in terms of tourist season and weather
d. Stakeholders: Morro Bay residents and visitors, business owners
e. Key assumption: Without an additional revenue infusion, significant and sustained progress
will be difficult
f. Opportunities: Community support.
3. Action plan
Key tasks Schedule Measurable milestones Status
a. Review of the PMP/direction of future work
and revise to include day to day maintenance
activities March 2013 Amended PMP
b. Discuss revenue measures July 2013 Review options provided in
the 2008 Management Partners
report/ others
c. Review paving alternative, short term July 2013
strategies (i.e. cape seal)
d. Continue to maintain and improve streets Thru 2014
e. Complete a Street Summit Report/Meeting Annually (Jan)
4. Responsible department – Administration, Public Services, Recreation and Parks
5. Estimated financial and staff resources – without an additional revenue measure, the City’s progress
on streets maintenance will be similar to that of the past two years. City Staff’s efforts are mainly
concentrated on pot hole issues, with the larger repaving and resurfacing projects contracted out.
6. Desired outcome and community benefit - ensuring well maintained, safe and drivable streets.
3
City of Morro Bay
2013 Goal Setting Workshop
Major City Goal – Outline Goal 3
1. Objective - Update Plans for Current and Future Land Use Needs
2. Brief Discussion - Develop a strategy and the resources to complete an update of the General Plan and
Local Coastal Plan (GP/LCP).
a. Key factors driving the need: The General Plan was adopted in 1988 and has had a number of
minor revisions in the subsequent years. The Local Coastal Plan was approved in 1983 and was
last amended in 1994 to include a revised Water Management Plan.
b. What’s been accomplished: Over the past 4 years, a sub-committee has worked on updating
several of the elements in the General Plan, this task has proved to be a significant drain on
existing staff time and resources. Due to the complexity of the topic, there are several of the
elements that will not be able to be done in-house such as the circulation element. Last year, staff
applied for a grant for funds to have a consultant perform the update, unfortunately, the City was
not successful in receiving a grant award. A grant submission is currently being prepared for this
year’s round of funding. Additionally, staff will continue to work in house to process
amendments and revisions to the GP/LCP as resources are available\ and is in the process of
seeking outside clerical help to facilitate this process.
c. Challenges/obstacles: Funding, staff resources
d. Stakeholders: Morro Bay residents and visitors, City staff, business owners
e. Key assumptions: While the project can be done in a piecemeal fashion, it is unlikely this
approach will be successful and timely in terms of the entire document.
f. Opportunies: Community support.
3. Action plan
Key tasks Schedule Measurable milestones Status
a. Complete the application for grant funding Completed grant document
b. Discuss adding 20 hours of staffing to begin July 2013
the update in-house (long range planning)
or contract for project
c. Search for alternative grants Ongoing
d. Establish quarterly meeting with the April, July, Confirmed meetings
California Coastal Commission to discuss Oct, Jan.
current projects including the GP/LCP
update, strategies and review options
4. Responsible department – Administration, Public Services
5. Estimated financial and staff resources – Staff is seeking a grant for the entire project which is
estimated at approximately $900,000. Alternative approach would be to augment staffing levels at the
Public Services Department to begin work in-house with a long range planner.
6. Desired outcome and community benefit - an updated and usable document that will help guide the
future of the Morro Bay Community.
4
City of Morro Bay
2013 Goal Setting Workshop
Major City Goal – Outline Goal 4
1. Objective - Maintain Core Public Safety Services
2. Brief Discussion - Maintain high standard of public safety in police, fire, and harbor. Ensure
employees are properly equipped to perform their jobs safely, explore options and incentives to retain
safety employees, develop an efficient training and development program for new employees, identify
critical facility needs, and collaborate with community to build upon relationships, existing community
policing and volunteer participation.
a. Key factors driving the need: The public’s expectation is the City’ Police, Fire and Harbor
Departments provide a high level of safety services. Recruitment and retention of employees as
well as the provision of adequate, well maintained and modern safety equipment continues to be a
challenge. City facilities housing both the Harbor Department and the Police Department are in
need of significant renovation and more likely replacement.
b. What’s been accomplished: The Police, Fire and Harbor Departments have been successful in the
use of reserves and volunteers (where appropriate) to augment and provide vital services. Training
opportunities between the departments as well as training with other county organizations continues
to be used and maximized. Community groups such as the Police Volunteers, “Friends of”
organizations and CERT programs are continually being fine-tuned.
c. Challenges/obstacles: Funding, staff resources, vacancies, the expense of training new hires, and
overtime backfill costs.
d. Stakeholders: Morro Bay residents and visitors, City staff, business owners
e. Key assumptions:
f. Opportunities: Continue to provide a safe community.
3. Action plan
Key tasks Schedule Measurable milestones Status
a. Continue to work with lead on facility Ongoing Completed agreement/document
needs assessment for the Police Dept.
b. Begin process for a Harbor office needs
assessment Dec. 2013 Locate firm, pursue funding
c. Ensure continued funding of SRO July 2013 School District confirmation
d. Engage FD/PD Volunteers in CERT Oct 2013 Conduct initial training and re-
cruitment for CERT membership
e. Continue work on a boat haul-out fac. Oct 2013 Form ad hoc committee
f. Investigate the use of Social Media Dec 2013 Staff report to City Council
g. Continue to support Police Volunteers, Ongoing Stats/ new services (Nat. Night Out)
Explorer Post, Neighborhood Watch
h. Public Safety Town Hall Meeting(s) Set Date Public input re: safety needs
i. Develop Succession Plan and July 2013 Completed document/training
Mentoring Program schedule
4. Responsible department – Administration, Harbor, Police and Fire Departments
5. Estimated financial and staff resources – additional staff and funding resources will need to be
identified for the needs assessments.
6. Desired outcome and community benefit - continuation of high functioning public safety services in
Morro Bay.
5
City of Morro Bay
2013 Setting Workshop
Major City Goal – Outline Goal 5
1. Objective - Ensure Fiscal Sustainability
2. Brief Discussion - Continue commitment to a structurally sustainable budget with a five-year outlook
to ensure adequate funding for essential services and employee contracts. Evaluate increased revenue,
operational efficiency options, grant funding, opportunities to reallocate funds, and enhanced clarity
of budget reporting.
a. Key factors driving the need: The increased interest in transparency in local, regional and state
government continues to necessitate a significant effort on the City’s behalf to make sure budget
reporting is open, clear and understandable.
b. What’s been accomplished: All City Departments have, over the past 5 years, been restructured
to increase efficiently, avoid redundancy and maintain sustainable and static budgets. Each
Department Head along with the City Manager, meet at least annually to review operations and
implement changes accordingly. The City’s website has been enhanced and financial documents
are readily available for review.
c. Challenges/obstacles: Funding, staff resources
d. Stakeholders: Morro Bay residents and visitors, City staff, business owners
e. Key assumptions: While the revenues in the City continue to rise slowly, there is not an
expectation of significant swings in either direction in the near future.
f. Opportunities: Provide more complete and comprehensive financial information.
3. Action Plan
Key tasks Schedule Measurable milestones Status
a. Provide a 5-year outlook May/June 2013 Completed document
b. Continue to be proactive in grant research Ongoing Report on grant awards
c. Continue with budget workshops Spring 2013
to include more information and detail as
well as a glossary (terms and definitions)
d. Quarterly review of goal status Dec 2013 Report to City Council
4. Responsible department – All City Departments
5. Estimated financial and staff resources – additional staff time will be allocated within the existing
budget to complete the key tasks
6. Desired outcome and community benefit - enhance clarity of budget operations and additional
education to the general public on municipal budgeting.
6
City of Morro Bay
2012 Setting Workshop
Major City Goal – Outline Goal 6
1. Objective - Support Economic Development.
2. Brief Discussion - Continue to partner with and support the Economic Development Program and
Tourism Marketing to ensure that the City and private sector are collaborating to help businesses
thrive. Achieve measurable economic results and clear reporting on the expenditure of public funds.
Develop a robust plan with public-private partnerships for commercial property development,
including incentives to update the City's commercial inventory and improve our business districts.
a. Key factors driving the need: The City needs to foster economic development to continue to
grow opportunities in Morro Bay.
b. What’s been accomplished: Morro Bay has committed to Economic Development by funding
$58,000 to the Chamber to foster a program headed by a designated staffer. The Chamber has
provided a comprehensive Economic Development program that outlines clear milestones and
reporting parameters as provided in the Chamber’s Work Plan, budget and Economic
Development Agreement. Also convened is an Economic Development Sub-committee in which
a cross section of stakeholders participate to collectively help guide an economic development
strategy for the City.
c. Challenges/obstacles: Funding, staff resources
d. Stakeholders: Morro Bay residents and visitors, City staff, business owners
e. Key assumptions: Economic growth and development is paramount to fiscal sustainability.
f. Opportunities: Growth in the community.
3. Action Plan
Key tasks Schedule Measurable milestones Status
a. Fund Economic Dev. Program. July 2013 Budget adoption
b. Review Quarterly Econ Dev. Status reports April/July, Report reviewed by City council
Oct, Jan
c. Review Econ. Dev. Annual Report Dec 2013 Report reviewed by City Council
d. Determine future of Parking in Lieu fee TBD Schedule council hearing
e. Work with Econ. Dev. to encourage Ongoing
public/private partnerships for
improvements to aging commercial
inventory
f. Through collaboration with the Econ. Annually Report reviewed by CC
Dev. Program provide impact report from
athletic special events
4. Responsible department – Administration, Administrative Services
5. Estimated financial and staff resources – additional staff time will be allocated within the existing
budget to complete the above key tasks
6. Desired outcome and community benefit - economic development within the City, allowing
continuing and enhance sustainability.
7
City of Morro Bay
2013 Setting Workshop
Major City Goal – Outline Goal 7
1. Objective – Improve City Infrastructure
2. Brief Discussion – Focus on community improvements to enhance citywide mobility and
connectivity, harbor facilities, recreation and open space opportunities, public restrooms,
environmental stewardship and overall efficiently of utilities and facilities.
a. Key factors driving the need: Aging infrastructure, lack of funds resulting in postponed repairs
and difficulty in providing preventative maintenance.
b. What’s been accomplished: The City has a 5-year Capital Improvement Project Plan which
outlines capital improvements needed and that document is reviewed during the budget process.
The City continues to work toward the provision of a restroom in the downtown area. Staff also
has performed significant work in retrofitting facilities and continues with that push.
c. Challenges/obstacles: Funding, staff resources
d. Stakeholders: Morro Bay residents and visitors, City staff, business owners
e. Key assumptions: The City Council will continue to need to prioritize improvements and look at
unique as well as the traditional funding mechanisms.
f. Opportunities: A better looking, cohesive community.
3. Action Plan
Key tasks Schedule Measurable milestones Status
a. Continue work on Morro Ck. Bridge April 2014 Design, environmental complete
b. Work on Sidewalk Gap closures TBD City Council action
c. Bike Path Gap Closures TBD RFP Proposal Awarded
d. Complete Shasta Street Open Space July/2013 Adopt a Park Agreement complete
e. Determine Downtown restroom feasibility TBD Agreement/Purchase complete
f. Continue to work on Boat Haul-out and Ongoing TBD
T-Pier projects/improvements
g. Continue to Refine the Let us Know module Ongoing Customer input
h. Investigate/report on development/status of Feb 2014 Report at CC meeting
a maintenance plan for City pathways and
sidewalks – similar to the PMP
4. Responsible department – Administration, Administrative Services, Public Services, Recreation and
Parks, Harbor
5. Estimated financial and staff resources – additional staff time will be allocated within the existing
budget to complete the above key tasks; there may be some projects requiring work to be contracted.
6. Desired outcome and community benefit – improved appearance, ride-ability and walk-ability
throughout the city as well as additional and needed public facilities.
8
City of Morro Bay
2013 Goal Setting Workshop
Other Important Objectives – Goal 8
1. Objective – Enhance Quality of Life
2. Brief Discussion - Engage the community in the preservation of our heritage and environment, the
arts and music, beautification, and other initiatives. Collaborate with the public and others to support
homeless and low-income populations and affordable housing development.
a. Key factors driving the need: Quality of life enhances the residents and visitors experience
b. What’s been accomplished: City has hired two co-Community Services Volunteer
Coordinators to provide a resource document/support for homeless and low income
populations.
c. Challenges/obstacles: Funding
d. Stakeholders: Morro Bay residents and visitors, business owners
e. Key assumption: Some of these services are Social Services and are provided by the County
of San Luis Obispo, who receives funding for the provision of such services.
f. Opportunities: Residents and visitors an increased quality of life 3. Action plan
Not applicable.
4. Responsible department – All
5. Estimated financial and staff resources – in terms of the Volunteer Community Services
Coordinator, staff will provide minimal supervision.
6. Desired outcome and community benefit - increased quality of life.
9
City of Morro Bay
2013 Goal Setting Workshop
Other Important Objectives – Goal 9
1. Objective – Boost Community Disaster Preparedness.
2. Brief Discussion - Identify potential risks, develop plans, and engage the community in disaster
preparedness and response through public education and participation.
a. Key factors driving the need: Safety for residents and visitors
b. What’s been accomplished: City has a Multi-Hazard Emergency Response Plan that
addresses earthquake, hazardous materials, multi-casualty, storm/flood, wildland major fire,
civil disturbance, terrorism, nuclear power plant disaster and tsunami. Training exercises are
scheduled and held yearly for employees and City Council as needed. This year an added
training will be conducted for families of City Staff. Staff has also taken advantage of the 5-
Cities Fire Grant by sending 4 employees and 1 retired staff member to Maryland for
Emergency Response training.
c. Challenges/obstacles: Funding, timing and scheduling.
d. Stakeholders: Morro Bay residents and visitors, business owners
e. Key assumption: The City of Morro Bay has provided excellent response to emergencies
(flood, chemical spill, and tsunami) in the past due the extensive training that has been
conducted.
f. Opportunities: To be able to respond in a coordinated and calm manner. 3. Action plan
Not applicable.
4. Responsible department – Public Safety, led by the Fire Department
5. Estimated financial and staff resources – the EOC has a small budget that has been sustained over
the past several years. Grant funding also aids in equipment and training.
6. Desired outcome and community benefit - Safety for residents, visitors and staff.
10
City of Morro Bay
2013 Goal Setting Workshop
Other Important Objectives – Goal 10
1. Objective – Leverage Outside Resources to Support City’s Goals
2. Brief Discussion - Examine additional ways to track federal, state, and local legislation. Strengthen
relationships and pursue grant opportunities that may support the City’s goals.
a. Key factors driving the need: Acquisition of additional funds for projects/programs.
b. What’s been accomplished: Staff continues to look within their areas of expertise for grant
funding as well as participate on a number of list serve registries for notification of
information. The City Attorney and League of California Cities monitor legislation that may
affect the City and the City Attorney provides a yearly report to the City Council.
c. Challenges/obstacles: Meeting matching requirements, timing and staff resources.
d. Stakeholders: Morro Bay residents and visitors, business owners
e. Key assumption: The City of Morro Bay has been aggressive in the pursuit of grants and will
continue with those pursuits.
f. Opportunities: Additional funds. 3. Action plan
Not applicable.
4. Responsible department – All
5. Estimated financial and staff resources – staff will likely continue to pursue grants at a similar level
to that of previous years, however, staff will continue to try and put additional resources toward grant
research and application, if possible.
6. Desired outcome and community benefit - Continue to receive a variety of grant funds
u.w.council.goal outlines 2013 final