HomeMy WebLinkAboutCC_2018-03-27_MinutesMINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — MARCH 27, 2018
VETERANS MEMORIAL HALL - 6:00 P.M.
PRESENT: Jamie Irons
Robert Davis
John Headding
Matt Makowetski
Marlys McPherson
STAFF: Scott Collins
Lori Kudzma
Jennifer Callaway
Scot Graham
Greg Allen
Steve Knuckles
Eric Endersby
Cindy Jacinth
Jennifer Little
ESTABLISH QUORUM AND CALL TO ORDER
AGENDA NO: A-2
MEETING DATE: April 24, 2018
Mayor
Council Member
Council Member
Council Member
Council Member
City Manager
Deputy City Clerk
Finance Director
Community Development Director
Police Chief
Fire Chief
Harbor Director
Senior Planner
Tourism Manager
https://youtu.belDbpfCgkyfPw?t=31 s
The meeting was called to order at 6:01 p.m., with all members present.
MOMENT OF SILENCE
PLEDGE OF ALLEGIANCE
RECOGNITION — None
CLOSED SESSION REPORT
City Attorney Pannone reported that direction from the City Council received during the
March 14, 2018, Closed Session resulted in Item A-6 on today's agenda.
MAYOR AND COUNCIL MEMBERS' REPORTS, ANNOUNCEMENTS &PRESENTATIONS
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CITY MANAGER REPORTS, ANNOUNCEMENTS &PRESENTATIONS
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PRESENTATIONS —None
PUBLIC COMMENT
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Ed Griggs, Morro Bay resident, spoke regarding the draft Mitigated Negative Declaration related
to 3300 Panorama tank removal. Mr. Griggs read and submitted a letter dated March 27, 2018.
Eric Foor spoke regarding concerns of where the money goes when he pays his water bill. Mr.
Foor also expressed his dismay that Council did not appoint Barry Branin to the WRFCAC.
Bill Martony spoke regarding the recent passing of Bud Anderson. Mr. Martony also asked for
clarification regarding the 218 process and if possible to overturn with a citizen initiative.
Aaron Ochs, Save Morro Bay, spoke against the Water Reclamation Facility as currently
proposed. Mr. Ochs also spoke regarding the need for a change in culture.
Pam Ochs, Save MorroBay.com, spoke regarding the need for affordability of the WRF.
Carole Truesdale, Morro Bay resident, thanked the Morro Bay Police Department and specifically
Chief Allen for standing tall and keeping everyone safe.
Richard Sadowski, Planning Commissioner, spoke regarding Item C-3 and reminded the Council
that the first duty should be public health and safety. Expressed a need to prioritize duties.
Marla Joe Sadowski, Morro Bay resident, spoke regarding Item C-3 and respectfully requested
the Council table the item until citizens could be appointed to the subcommittee. Ms. Sadowski
expressed concern over the lack of public participation. Ms. Sadowski also requested the Council
adopt a sunshine ordinance.
David Nelson, expressed his concern that questions from the public regarding the WRF are being
ignored.
Cynthia Hawley spoke regarding the Closed Session scheduled for the next day, and asked for
clarification as to whether the firm of Aleshire & Wynder was being reviewed or solely Mr.
Pannone. Ms. Hawley expressed her concerns regarding Mr. Pannone's guidance regarding the
WRF project.
Betty Winholtz spoke regarding Item C-1; requesting clarification as to whether the funds for the
website would be coming from the General Fund or TBID. Ms. Winholtz feels only Morro Bay
residents should be allowed to serve on advisory bodies. Ms. Winholtz also expressed her opinion
as to how the recent appointment to WRFCAC was unfair and unwise.
Paula Radke spoke regarding MBMC 2.08.090, stating that minutes should be provided at the
next meeting.
Tina Metzger asked the Council to explain why Barry Branin was not appointed to the WRFCAC.
Mayor Irons closed Public. Comment.
Council and staff responded to comments raised during public comment.
A. CONSENT AGENDA
https://youtu.be/DbpfCgkyfPw?t=55m5s
Unless an item is pulled for separate action by the City Council, the following actions are approved
without discussion.
A-1 APPROVAL OF MINUTES FOR THE FEBRARY 27, 2018 CITY COUNCIL MEETING;
(ADMINISTRATION)
RECOMMENDATION: Approve as submitted.
A-2 APPROVAL OF MINTUES FOR THE MARCH 14, 2018 CITY COUNCIL SPECIAL
MEETING AND CLOSED SESSIONL (ADMINISTRATION)
RECOMMENDATION: Approve as submitted.
A-3 APPROVAL OF PROCLMATION DECLARING APRIL 2018 AS "MONTH OF THE CHILD"
AND "CHILD ABUSE PREVENTION MONTH"; (ADMINISTRATION)
RECOMMENDATION: Approve as submitted.
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MINUTES - MORRO BAY CITY COUNCIL MEETING -MARCH 27, 2018
A-4 ADOPTION OF RESOLUTION NO. 12-18 SUPPORTING PROPOSITION 69 ON THE
JUNE 2018 BALLOT AND JOINING THE COALITION TO PROTECT LOCAL
TRANSPORTATION IMPROVEMENTS' EFFORTS TO PREVENT TRANSPORTATION
FUNDS FROM BEING DIVERTED FOR NON -TRANSPORTATION PURPOSES; (CITY
MANAGER)
RECOMMENDATION: City Council adopt Resolution No. 12-18 supporting
Proposition 69 on the June 2018 Ballot and joining the Coalition to Protect Local
Transportation Improvements' efforts to prevent transportation funds from being
diverted for non -transportation purposes.
A-5 ADOPTION OF RESOLUTION NO. 13-18 AUTHORIZING THE CITY OF MORRO BAY
TO ENTER INTO A 2017/2018 SURRENDERED AND ABONDONED VESSEL
EXCHANGE GRANT CONTRACT WITH THE STATE OF CALIFORNIA DIVISION OF
BOATING AND WATERWAYS IN THE AMOUNT OF $16,100 FOR REMOVAL OF
ABANDONED/SURRENDERED VESSELS AND HAZARDS TO NAVIGATION;
(HARBOR)
RECOMMENDATION: City Council adopt Resolution No. 13-18 accepting and
authorizing the Harbor Director to execute the attached Surrendered and
Abandoned Vessel Exchange (SAVE) Grant Contract Agreement #C17SO602-S with
the California Division of Boating and Waterways (DBW) for $16,100 for the funding
of removal of abandoned/surrendered vessels and hazards to navigation.
A-6 ADOPTION OF RESOLUTION NO. 15-18 APPROVING AMENDMENT#1 TO THE NEW
LEASE AGREEMENT BETWEEN THE CITY OF MORRO BAY AND BOATYARD LLC
FOR LEASE SITE 90/90W, LOCATED AT 885 EMBARCADERO ROAD, AND
COMMONLY KNOWN AS THE OTTER ROCK CAFE; (HARBOR)
RECOMMENDATION: City Council adopt Resolution No. 15-18, approving Amendment
#1 to the new lease agreement on Lease Site 90/90W, the Otter Rock cafe, as proposed.
Mayor Irons pulled Items A-3 and A-6. Council Member Makowetski pulled Item A-5.
MOTION: Council Member Davis moved to approve all but Items A-3, A-5 and A-6.
The motion was seconded by Council Member Headding and carried
unanimously, 5-0.
A-3 APPROVAL OF PROCLMATION DECLARING APRIL 2018 AS "MONTH OF THE CHILD"
AND "CHILD ABUSE PREVENTION MONTH"; (ADMINISTRATION)
RECOMMENDATION: Approve as submitted.
https://youtu . be/DbpfCgkyfPw?t=56m 17s
Mayor Irons spoke regarding the proclamation.
A-5 ADOPTION OF RESOLUTION NO, 13-18 AUTHORIZING THE CITY OF MORRO BAY
TO ENTER INTO A 2017/2018 SURRENDERED AND ABONDONED VESSEL
EXCHANGE GRANT CONTRACT WITH THE STATE OF CALIFORNIA DIVISION OF
BOATING AND WATERWAYS IN THE AMOUNT OF $167100 FOR REMOVAL OF
ABANDONED/SURRENDERED VESSELS AND HAZARDS TO NAVIGATION;
(HARBOR)
RECOMMENDATION: City Council adopt Resolution No. 13-18 accepting and
authorizing the Harbor Director to execute the attached Surrendered and
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MINUTES - MORRO BAY CITY COUNCIL MEETING -MARCH 27, 2018
Abandoned Vessel Exchange (SAVE) Grant Contract Agreement #C17S0602-S with
the California Division of Boating and Waterways (DBW) for $16,100 for the funding
of removal of abandoned/surrendered vessels and hazards to navigation.
https://youtu.be/DbpfCgkyfPw?t=58m8s
Council Member Makowetski asked Harbor Director Endersby to elaborate on what is
done with the grant funds and whether it is sufficient.
A-6 ADOPTION OF RESOLUTION NO. 15-18 APPROVING AMENDMENT #1 TO THE NEW
LEASE AGREEMENT BETWEEN THE CITY OF MORRO BAY AND BOATYARD LLC
FOR LEASE SITE 90/90W, LOCATED AT 885 EMBARCADERO ROAD, AND
COMMONLY KNOWN AS THE OTTER ROCK CAFE; (HARBOR)
RECOMMENDATION: City Council adopt Resolution No. 15-18, approving
Amendment #1 to the new lease agreement on Lease Site 90/90W, the Otter Rock
cafe, as proposed.
Mayor Irons stated that Item A-6 involves an amendment to a substitute lease the City
currently has for lease site 90/90W with Boatyard LLC. That amendment was to modify
some of the terms of that lease because, due to no fault of the City, one of the conditions
Boatyard LLC required of that lease (closure of escrow for Boatyard LLC to purchase the
current 90/90W leaseholder interests from Joe Steinmann, and business interests from
his tenant, Jamie Parker, the operator of the Otter Rock Cafe) will not timely occur. The
City is hopeful either Boatyard, Mr. Steinmann and Ms. Parker will come to agreement so
the purchases of those interests do timely occur or Mr. Steinmann and Ms. Parker do all
that is necessary to become fully compliant with the terms of their subject lease and
sublease.
Mayor Irons elaborated the amendment is not valid at this time, it will not be continued
and asked that the item be withdrawn from the agenda.
MOTION: Council Member Headding moved to withdraw Item A-6. The motion was
seconded by Council Member Makowetski and was unanimously
approved, 5-0.
MOTION: Council Member McPherson moved approval of Item A-3 and A-5. The
motion was seconded by Council Member Makowetski and was
unanimously approved, 5-0.
B. PUBLIC HEARINGS
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B-1 ADOPTION OF RESOLUTION NO. 14-18 APPROVING CONDITIONAL USE PERMIT
NO. UPO-448 FOR 945 EMBARCADERO. PROJECT INCLUDES REMODEL OF
EXISTING RESTAURANT, HARBORWALK PUBLIC ACCESS IMPROVEMENTS,
PILING & WHARF REPAIRS; (HOUSE OF JUJU); (COMMUNITY DEVELOPMENT)
RECOMMENDATION: Council adopt Resolution No. 1418, making the necessary
findings for approval of Conditional Use Permit (CUP) No. UPO-448 as Concept Plan
approval.
Senior Planner Jacinth gave the report and answered questions from the Council. Ms.
Jacinth noted some formatting errors on the resolution that will be corrected.
MINUTES - MORRO BAY CITY COUNCIL MEETING -MARCH 27, 2018
C-1
Cathy Novak, representing the applicant,
answered questions from the Council.
Public Comment: None,
spoke regarding the proposed plans and
There was Council consensus to have the coastal access signs state "Morro Bay
Harborwalk" instead of identifying business name.
There was discussion as to where to place the trash cans and the wording in the condition
regarding the design of the trash cans.
There was Council consensus regarding language for the trash enclosure to "Outdoor
trash cans shall be designed to prevent wildlife from removing trash..."
MOTION: Council Member Headding moved approval of Resolution No. 14-18
approving Conditional Use Permit No. UP0448 (note: should be UPO-446)
for 945 Embarcadero, including the remodel of existing restaurant,
harborwalk public access improvements, piling & wharf repairs, signage
and trash as amended. The motion was seconded by Council Member
McPherson and carried unanimously, 5-0.
The Council took a brief recess at 7:34 p.m. and reconvened at 7:43 p.m.
C. BUSINESS ITEMS
AWARD OF TWO CONTRACTS TO SIMPLEVIEW FOR REBUILDING AND MANAGING
THE MORROBAY.ORG WEBSITE; (TOURISM)
RECOMMENDATION: Council award two contracts to Simpleview for rebuilding
and managing the morrobay.org website, approved to form by the City Attorney:
1.) Rebuild the morrobay.org website starting April 2018 (Fiscal Year 2017-18) and
anticipated to be finished in FY 2018=19 October 2018 in the contract amount of
$44,950; and,
2.) Three-year contract for monthly Content Management System (CMS) and
Customer Relationship Management (CRM) management of the site beginning FY
2018=19, including 5-hours per month of staff support, in the annual amount of
$26,280 and total amount over three years of $78,840.
In addition, Council authorize the City Manager to enter into a contract with
MobiManage in the amount of approximately $ 4,000 for the period until Simpleview
has completed rebuilding the morrobay.org website.
https:Hyoutu.be/DbpfCgkvfPw?t=1 h34m10s
City Manager Collins introduced the item and then turned over to Tourism Manager Little,
Ms. Little gave the report and, along with Kevin Bates from Simpleview, answered
questions from the Council
Public Comment: None
MOTION: Council Member Headding moved staff recommendation; that we award
two contracts to Simpleview for rebuilding and managing the morrobay.org
website, approved to form by the City Attorney:
1.) Rebuilding the morrobay.org website starting April 2018 (Fiscal
Year .2017-18) and anticipated to be finished by FY 2018-19
October 2018 in the contract amount of $44,950; and,
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MINUTES - MORRO BAY CITY COUNCIL MEETING -MARCH 27, 2018
2.) Three-year contract for monthly Content Management System
(CMS) and Customer Relationship Management (CRM) of the site
beginning FY 2018-19, including 5-hours per month of staff support,
in the annual amount of $26,280 and total amount over three years
of $78,840,
In addition, authorizing the City Manager to enter into a contract with
MobiManage in the amount of approximately $ 4,000 for the period until
Simpleview has completed rebuilding the morrobay.org website.
The motion was seconded by Council Member McPherson and carried
unanimously, 5-0
C-2 REPORT ON WASHINGTON D.C. MEETINGS FOR C-MANC'S ANNUAL
"WASHINGTON WEEK" CONFERENCE, AND FOR THE WATER TREATMENT
FACILITY; (HARBOR/PUBLIC WORKS)
RECOMMENDATION: Receive and file.
hftps://youtu.be/DbpfCgkvfPw?t=2hl 8m24s
Harbor Director Endersby went over the CMANC and Washington D.C. meetings and
events and answered questions from the Council.
City Manager Collins spoke regarding the WRF portion of the trip, noting that the
Ferguson Group was instrumental in setting up meetings.
Mayor Irons and Council Member Headding shared highlights from the trip.
Public Comment:
Barry Branin, spoke regarding a typo on the WIFIA application.
Mayor Irons closed Public Comment.
The report was received and filed.
C-3 REVIEW AND PROVIDE DIRECTION REGARDING COUNCIL SUBCOMMITTEE
PROPOSED CHANGES TO THE COUNCIL POLICIES & PROCEDURES AND
ADVISORY BODIES HANDBOOK AND BY-LAWS; (CITY CLERK)
RECOMMENDATION: City Council review and discuss the proposed changes to the
Council Policies 8� Procedures and Advisory Bodies Handbook and By-laws, as
recommended by the Council Subcommittee and staff, and provide direction as
deemed appropriate for adoption at a future meeting.
https://youtu.be/DbpfCgkvfPw?t=3h2s
Mayor Irons suggested tackling the Council Policies &Procedures, and if substantive
changes discuss and then submit in writing to City Clerk and then it will come back at a
later meeting.
Council Member McPherson introduced the item and went over the background.
Public Comment:
Bettty Winholtz requested the Council go through public comments and address each
comment submitted.
The Council discussed changes to the Council Policies &Procedures.
Location of Resolution No. 70-15
MINUTES - MORRO BAY CITY COUNCIL MEETING —MARCH 27, 2018
There was Council consensus to leave the Resolution in its current location and
re -adopt the content of the resolution.
1.2.1 Council consensus to leave as is.
Closed Session was moved to 1.1.5, not deleted.
1.2.8 Procedural Order move to 1.3.3.1 then shift the rest of that section down.
1.3.6.1 City Attorney Pannone will work on wording for this section.
1.3.7.1 Speaker Slips — "may" be asked. Strike the last sentence of this section.
1.3.7.2.5 Appears in another section (p20 last sentence) add language may speak only
once on a given issue" to 1.3.7.2.2
1.3.7.4 and 1.3.7.6 Move to 1.3.9.3
Page 24 — Remove draft paragraph
Page 26 — Staff to draft a paragraph on Business Items
Page 27 — Add wording "Other recordings are for convenience and occasionally used
when a verbatim transcript is required in legal proceedings. Audio recordings have a 2-
year retention and video recordings have a 10-year retention. Meeting minutes are
permanent."
Page 28 —Council consensus to add "Salaries reviewed every 8 years by selection of
Finance Committee" starting 2019.
Council Member Davis stated he was not in favor of increasing Council salaries.
There was a discussion regarding PARS and the need to provide in lieu of Social Security.
2.4.7and 2.4.8 discussion regarding cash advances and/or use of City credit card. Staff
to come back with `middle of the road' language.
Page 33 Honorarium — City Attorney to review wording.
3.1.4 and 3.1.5 There was a discussion regarding the process and timing, specifically
related to requests from the League of California Cities
3.1.6 Discussion regarding similar language for other Council Members
3.9 Discussion regarding acceptance of grants or deeds. City Attorney Pannone does not
see this section raising an issue.
3.11 Add wording "City Council Members shall be notified within 7 days of such
authorization being added."
3.13 Add wording "or City Council by majority vote"... and "Subcommittees `shall' report
back to the full Council for discussion before any formal action can be taken on the
pertinent issue, and in addition, shall provide updates on their progress."
4.1 Add Brown Act training requirement language
4.2.2 remove 4.2.2 except for quote from City Attorney Pannone
4.2.7 agreement with changes as noted
There was a brief discussion regarding emails and the second paragraph on page 41.
5.2.2 Council consensus is to leave as is.
Page 46 —Discussion regarding process of appointing Advisory Board Members. Council
consensus to leave as is.
5.3.4 City Attorney to add some clarifying language.
6.3.1 City Attorney to review language.
6.3.2.2 Consensus to add wording "or Chair of advisory bodies"
Advisory Bodies Handbook
There was clarification regarding the mission statement and the process for approval.
Page 5 — Remove specific reference to WRFCAC & GPAC. Add "From time to time a
special advisory body may be created..." and add language regarding establishing a
mission statement/purpose for each special purpose advisory body.
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MINUTES - MORRO BAY CITY COUNCIL MEETING -MARCH 27, 2018
Page 5 - Discussion regarding first paragraph under Section B. There was consensus to
leave as is.
Page 5 — There was a discussion regarding terms and whether to state that terms may
be less at the discretion of Council.
Page 8 — Discussion to add language regarding the meeting schedule "according to the
established calendar."
Page 8 — Discussion regarding the official spokesperson for the City. Consensus to leave
as is.
Page 8c — Add Risk Manager to the City Clerk's title.
Page 8b—Add clarifying language—notjust department heads report to the City Manager.
Page 9(2) — Leave as is.
MOTION: Council Member McPherson moved to continue the meeting beyond
11:00p.m. Mayor Iron seconded the motion. The motion failed 2-3 with
Council Members Davis, Headding and Makowetski opposed.
There was Council consensus to continue this item to a future meeting —date uncertain.
Mayor Irons urged Council Members to submit their comments to the City Clerk to be
included for discussion at a future date.
FUTURE AGENDA ITEMS
https://youtu.be/DbpfCgkVfPw?t=4h5Om42s
There was Council consensus to bring forward for discussion the ordinance regarding meeting
minutes.
ADJOURNMENT
The meeting adjourned at 11:00 p.m. The next Regular Meeting will be held on Tuesday, April
10, 2018, at 6:00 p.m, at the Veteran's Memorial Hall located at 209 Surf Street, Morro Bay,
California.
Recorded by:
Lori Kudzma
Deputy City Clerk
MINUTES - MORRO BAY CITY COUNCIL MEETING -MARCH 27, 2018