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Home My WebLink AboutMinutes.Regular Meeting.160426MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING — APRIL 26, 2016 VETERAN'S MEMORIAL HALL — 6:00 P.M. PRESENT: Jamie Irons Matt Makowetski John Headding Noah Smukler ABSENT: Christine Johnson STAFF: Dave Buckingham Joe Pannone Dana Swanson Sam Taylor Rob Livick Scot Graham Cindy Jacinth Eric Endersby Steve Knuckles AGENDA NO: A-2 MEETING DATE: May 10, 2016 Mayor Councilmember Councilmember Councilmember Councilmember City Manager City Attorney City Clerk Deputy City Manager Public Works Director Community Development Manager Associate Planner Harbor Director Fire Chief ESTABLISH QUORUM AND CALL TO ORDER The meeting was called to order at 6:01 p.m., with all but Councilmember Johnson present. MOMENT OF SILENCE PLEDGE OF ALLEGIANCE CLOSED SESSION REPORT - No Closed Session meeting was held. MAYOR AND COUNCILMEMBERS' REPORTS, ANNOUNCEMENTS & PRESENTATIONS https://youtu.be/MFzmbTDMzis?t=2m 11 s PUBLIC PRESENTATIONS https://youtu.be/MFzmbTDMzis?t=3 m42s The Mayor and Council presented a Certificate of Appreciation to Henry Ponterelli of Lisa Wise Consulting, Inc. for their work applying for and receiving the American Planning Association's 2016 Vernon Deines Honor Award for Morro Bay's 2014 Fishing Community Sustainability Plan. Henry Ponterelli of Lisa Wise Consulting, Inc. presented the American Planning Association's award for "outstanding project" to the City of Morro Bay for the 2014 Fishing Sustainability Plan. Morro Bay Tourism Bureau Presentation for lst Quarter 2016 https://youtu.be/MFzmbTDMzis?t=11 m2s Brent Haugen, Executive Director of the Morro Bay Tourism Bureau provided the quarterly report. PUBLIC COMMENT https://youtu.be/MFzmbTDMzis?t=19m2 s Lindsay and Matt Ashton of Revamp Training Studio provided the business spot. Since April 1011, they have provided personal training for all age groups in both individual and small group settings. For more information visit their website www.revamptraining.com or call (805) 458- 1814. John Uebersax, Morro Bay, provided photographs to the Council and made recommendations to improve safety at the Quintana Road / Morro Bay Blvd. roundabout. Bill Martony, Morro Bay, urged the Council to reconsider alternative sites for the Water Reclamation Facility, including Tri-W and Chevron properties. Betty Winholtz, Morro Bay, spoke to Item B-1 asking for clarification on vesting tentative map approval and ability for the Council to add other conditions. She also questioned available water supply for the project and supported the requirement of a left hand turn signal. Jim Nance, SLO County resident, stated the closing of area recycling renters has caused a hardship for many people. He also requested the removal of flashing speed signs on Quintana Road and Main Street. Jeremiah O'Brien, Morro Bay Commercial Fishermen's Association, congratulated the City on the American Planning Association (APA) award and suggested a City representative attend the APA National Conference in May 2017. He noted the flashing speed sign on Main Street is helpful to residents in the Radcliffe neighborhood. Dana McClish, Morro Bay, announced US Coast Guard Auxiliary Flotilla 7-61 will hold a boating safety event on Saturday, May 21, from loam to 3p111 at the Morro Bay Yacht Club. The comment period was closed. Staff responded to questions raised during public comment. A. CONSENT AGENDA Unless an item is pulled for separate action by the City Council, the following actions are approved without discussion. A4 APPROVAL OF MINUTES FROM THE MARCH 29, 2016 SPECIAL JOINT MEETINGS OF THE CITY COUNCIL AND ADVISORY BOARDS; (ADMINISTRATION) RECOMMENDATION: Approve as submitted. A-2 APPROVAL OF MINUTES FROM THE APRIL 12, 2016 SPECIAL JOINT MEETINGS OF THE CITY COUNCIL AND ADVISORY BOARDS; (ADMINISTRATION) 2 MINUTES - MORRO BAY CITY COUNCIL - APRIL 26, 2016 RECOMMENDATION: Approve as submitted. A-3 APPROVAL OF MINUTES FROM THE APRIL 121 2016 REGULAR CITY COUNCIL MEETING; (ADMINISTRATION) RECOMMENDATION: Approve as submitted. A-4 APPROVAL OF MINUTES FROM THE APRIL 13, 2016 SPECIAL MEETING OF THE CITY COUNCIL; (ADMINISTRATION) A-5 PROCLAMATION DECLARING MAY TOURISM WEEK; (ADMINISTRATION) RECOMMENDATION: Approve as submitted. 1-7, 2016 AS NATIONAL TRAVEL & A-6 ACCEPT AS COMPLETE AND AUTHORIZATION TO FILE NOTICE OF COMPLETION FOR PROJECT NO. M132015-WCOI: MORRO BAY LIFT STATION 91 MAINTENANCE & REPAIRS; (PUBLIC WORKS) RECOMMENDATION: Authorize staff to file the Notice of Completion. A-7 ACCEPT AS COMPLETE AND AUTHORIZATION TO FILE THE NOTICE OF COMPLETION FOR PROJECT NO. MB-2013-52: MORRO CREEK MULTI -USE TRAIL AND BRIDGE PROJECT; (PUBLIC WORKS) RECOMMENDATION: Authorize staff to file the Notice of Completion. A-8 AUTHORIZATION TO AMEND CONTRACT WITH WILLIAMS ENGINEERING FOR ADA ACCESSIBILITY IMPROVEMENTS &SIDEWALK GAP CLOSURES; (PUBLIC WORKS) RECOMMENDATION: Approve as submitted. A-9 ADOPT RESOLUTION NO. 25-16 ACCEPTING THE SUBSTANCE ABUSE POLICY AND PROCEDURES FOR ITS TRANSIT CONTRACTOR, MV TRANSPORTATION, INC.; (PUBLIC WORKS) RECOMMENDATION: Adopt Resolution No. 2546. A-10 ADOPT RESOLUTION NO. 27-16 APPROVING THE THIRD AMENDMENT TO GARBAGE, RECYCLING AND GREENWASTE SERVICES AGREEMENT WITH MORRO BAY GARBAGE SERVICE; (PUBLIC WORKS) RECOMMENDATION: Adopt Resolution No. 2746. A_11 AL�QPT RFCQL.LT'TTQN NQ, 2R_16 APPRQVIN(; fFR'TAIN TNFQRMATI(lN F(lR INCLUSION IN AN OFFICIAL STATEMENT RELATING TO THE CENTRAL COAST WATER AUTHORITY REFUNDING REVENUE BONDS, SERIES 2016A 3 MINUTES - MORRO PAY CITY COUNCIL -APRIL 26, 2016 (STATE WATER PROJECT REGIONAL FACILITIES) AND APPROVING CERTAIN OTHER MATTERS IN CONNECTION THEREWITH; (ADMINISTRATIVE SERVICES) RECOMMENDATION: Adopt Resolution No. 28-16. A-12 ADOPTION OF RESOLUTION NO. 30-16 AMENDING THE COUNCIL POLICIES AND PROCEDURES REGARDING MEETING GUIDELINES AND PROCEDURES, AND INCORPORATING RESOLUTION NO.7045 ADOPTED IN NOVEMBER 2015; (ADMINISTRATION) RECOMMENDATION: Adopt Resolution No. 30-16. A-13 ADOPT RESOLUTION NO. 31-16 MODIFYING THE PUBLIC ART POLICY; (ADMINISTRATION) RECOMMENDATION: Adopt Resolution No. 31-16. A-14 ADOPT RESOLUTION NO. 32-16 REPLACING THE PARK NAMING POLICY WITH THE PUBLIC PROPERTY NAMING POLICY AND APPLICATION PROCESS; (ADMINISTRATION) RECOMMENDATION: Adopt Resolution No. 32-16. A-15 APPROVAL OF AGREEMENT WITH COMNILJNITY FOUNDATION OF ESTERO BAY FOR MORRO BAY TROLLEY ADVERTISING SERVICES; (PUBLIC WORKS) RECOMMENDATION: Approve as submitted. A-16 AUTHORIZATION TO ENTER INTO A LICENSE AGREEMENT WITH KEITH GAFFNEY LANDSCAPE INC. (KGLI) FOR THE LIMITED USE OF APPROXIMATELY 5 ACRES OF CITY PROPERTY LOCATED OUTSIDE THE CITY LIMITS ON CHORRO CREEK RD. (APN# 073-131-010); (PUBLIC WORKS) RECOMMENDATION: Authorize the City Manager to negotiate and execute a license agreement with Keith Gaffney Landscape Inc. The public comment period for the Consent Agenda was opened https://� utu.be/MFzmbTDMzis?t=45m23s Barbara Doerr, Morro Bay, spoke regarding Item A-12, expressing concern about the proposed policy changes and encouraged further review. Betty Winholtz, Morro Bay, agreed with Ms. Doerr's comments regarding Item A42; suggested edits to Resolution No. 28-16, Appendix L on Item A-11; and opposed Item A-14, the Public Property Naming Policy. MINUTES - MORRO BAY CITY COUNCIL - APRIL 26, 2016 The public comment period for the Consent Agenda was closed. Mayor Irons pulled Agenda Item A-8, A-11, A42 and A46. MOTION: Councilmember Headding moved for approval of all items on the Consent Agenda except Items A-8, A41, A-12 and A-16. The motion was seconded by Councilmember Smukler and carried 4-0-1. A-8 AUTHORIZATION TO AMEND CONTRACT WITH WILLIAMS ENGINEERING FOR ADA ACCESSIBILITY IMPROVEMENTS &SIDEWALK GAP CLOSURES; (PUBLIC WORKS) https://youtu.be/MFzmbTDMzis?t=55m 12s Mayor Irons clarified additional funding for this project would be authorized by the City Council during the budgeting process. MOTION: Mayor Irons moved for approval of Item A-8 with additional language to clarify funding is authorized by the City Council. The motion was seconded by Councilmember Headding and carried 4-0-1. A-11 ADOPT RESOLUTION NO. 28-16 APPROVING CERTAIN INFORMATION FOR INCLUSION IN AN OFFICIAL STATEMENT RELATING TO THE CENTRAL COAST WATER AUTHORITY REFUNDING REVENUE BONDS, SERIES 2016A (STATE WATER PROJECT REGIONAL FACILITIES) AND APPROVING CERTAIN OTHER MATTERS IN CONNECTION THEREWITH; (ADMINISTRATIVE SERVICES) https:Hyoutu.be/MFzmbTDMzis?t=57m4s The Council discussed concerns expressed during public comment and directed staff to review those requests and make appropriate corrections to the Official Statement, specifically to remove language on page 1,40 stating water rates had not been "reviewed" by the Council since 1996. Regarding the suggestion to include the Water Reclamation Facility as a Future Water System Improvement on page L41, staff confirmed Phase 2 of the Water Reclamation Facility is not included in the current rate structure and may not be appropriate to include at this time. It was also noted the City will realize a savings of $295,000 over period ending 2021. MOTION: Councilmember Headding moved for approval of Item A41 with appropriate corrections as discussed by Council. The motion was seconded by Councilmember Smukler and carried 4-0-1. A-12 ADOPTION OF RESOLUTION NO. 30-16 AMENDING THE COUNCIL POLICIES AND PROCEDURES REGARDING MEETING GUIDELINES AND PROCEDURES, AND INCORPORATING RESOLUTION N0.70-15 ADOPTED INNOVEMBER 2015; (ADMINISTRATION) https://youtu.be/MFzmbTDMzis?t=l h2m39s Concerns raised during public comment were discussed and the Council continued this item to allow staff an opportunity to review those recommendations and make further changes, if needed. 5 MINUTES - MORRO BAY CITY COUNCIL - APRIL 26, 2016 A-16 AUTHORIZATION TO ENTER INTO A LICENSE AGREEMENT WITH KEITH GAFFNEY LANDSCAPE INC. (KGLI) FOR THE LIMITED USE OF APPROXIMATELY 5 ACRES OF CITY PROPERTY LOCATED OUTSIDE THE CITY LIMITS ON CHORRO CREEK RD. (APN# 073-131-010); (PUBLIC WORKS) ttps:Hyoutu.be/MFzmbTDMzis?t=lhI l m5s The Council provided staff direction regarding the License Agreement, specifically to prohibit hazardous materials being stored on the property, ensure the allowed use does not grow into vehicle storage or other outbuildings, the application of fertilizers and herbicides should be limited or not allowed, and there will be no use of City water. It was also confirmed the agreement would be for a 3-year term. MOTION: Councilmember Makowetski moved for approval of Item A-16 to include items requested by Council. The motion was seconded by Councilmember Headding and carried 4-04. B. PUBLIC HEARINGS B-1 MODIFICATION OF PRECISE PLAN APPROVALS TO CUP/VTTM #UPO-070/500- 038 (CASE #CPO-110/UPO-070/500-038) FOR PLANNED UNIT DEVELOPMENT (TRACT 2739) LOCATED AT 485 & 495 SOUTH BAY BLVD. PREVIOUSLY APPROVED IN 2006 AND 2010, TO INCORPORATE COASTAL COMMISSION CHANGES AND REMOVAL OF UNWARRANTED TRAFFIC IMPROVEMENTS; (COMMUNITY DEVELOPMENT) https:Hvoutu.be/MFzmbTDMzis?t=lh 14m52 s Associate Planner Jacinth provided the staff report and responded to Council inquiries. The public hearing for Item B-1 was opened. Wayne Colmer, Applicant, provided an overview of the project, timeline and events, noting the project had been vetted by two Coastal Commission hearings, Amy Corps of Engineers, Department of Fish and Wildlife, and five City public hearings. Steve Kaufmann, legal counsel representing the Applicant, added the Court decision does not affect the vesting tentative map, and recent approval by Coastal Commission simply refined the 2010 precise plan approval and gave the Council option to consider traffic improvements. The public comment period for Item 13-1 was opened. James Silver, Morro Bay, spoke in support of the project. The public comment period for Item B4 was closed. The Council discussed traffic issues and supported Coastal Commission and staff recommendation to remove unwarranted 4-way traffic signal, dedicated left turn lanes and signalized pedestrian crossing. It was understood the traffic issues in this area are complex and something the City, MINUTES - MORRO BAY CITY COUNCIL - APRIL 26, 2016 County and Caltrans will need to address in the future. The addition of a flashing speed sign was discussed but not directed. The Council encouraged gray water reuse to help mitigate water supply issues. The Council amended the tree planting requirements to specify California native trees from the City tree list be used, and the Planning Manager has authority to approve those plantings. MOTION: Councilmember Smukler moved the Council adopt Resolution No. 26-16 making the necessary findings for approval of an amendment to the project to incorporate changes as a result of Coastal Commission -approved CDP #A-3-MRB-06-064 on February 11, 2015. Included in the modification is removal of the traffic requirements, clarification the HOA takes responsibility for maintenance of raptor habitat, and adjustment to tree replacement to require a diversity of California native trees from City tree list be selected. The motion was seconded by Mayor Irons and carried 4-0-1. The Council took a brief recess at 8:35pm; the meeting reconvened at 8:42pm. B-2 RESOLUTION NO. 29-16 DECLARING THE INTENTION TO CONTINUE THE PROGRAM AND LEVY ASSESSMENTS FOR THE 2016/17 FISCAL YEAR FOR THE MORRO BAY TOURISM BUSINESS IMPROVEMENT DISTRICT (MBTBID) AND SCHEDULING A PUBLIC HEARING TO LEVY THE ASSESSMENTS; (ADMINISTRATION) https:Hyoutu.be/MFzmbTDMzis?t=2h35m28s Deputy City Manager Taylor presented the staff report, clarifying this action is to consider continuing the assessment for FY 2016/17, not FY 2015/16 as inadvertently listed in the staff report. The resolution as presented, is correct. The public comment period for Item B-2 was opened; seeing none, the public comment period was closed. The Council expressed its gratitude to John Solu for his leadership initiating the MBTBID, as well as the TBID Advisory Board for their work marketing this community. MOTION: Councilmember Headding moved the Council adopt Resolution No. 29-16 approving the annual report, declaring the intention to continue the program and levy assessments for the 2016/17 Fiscal Year for the Morro Bay Tourism Business Improvement District (MBTBID) and scheduling a public hearing to levy the assessments. The motion was seconded by Councilmember Smukler and carried 4- 04. C. BUSINESS ITEMS C-1 RE -CONSIDERATION OF FUTURE DIRECTION OF LEASE SITE 87-88/87W-88W, LOCATED AT 833 EMBARCADERO, OWNED BY B&L FLASH, INC. (VIOLET LEAGE & BARRY LAMBERT); (HARBOR) https:Hyoutu.be/N4FzmbTDMzis?t=2h49m23s MINUTES - MORRO BAY CITY COUNCIL - APRIL 26, 2016 Harbor Director Endersby presented the staff report and responded to Council inquiries. The public comment period for Item C-1 was opened. Cherise Hanson, Morro Bay resident and owner of Under the Sea Gallery, provided staff with evidence of financial viability for this project and confirmed plans are developed to a level of detail sufficient for concept plan review. She was unable to complete restructuring of B&L Flash, Inc. and asked the Council to reconsider giving consent of land owner to the subtenant, Under the Sea Gallery. The public comment period for Item C-1 was closed. The Council expressed its support for the strong proposal already submitted, however the ownership of B&L Flash was of significant concern. There was consensus to move forward with a request for proposal (RFP) to see what other projects might come forward. Mayor Irons disclosed ex parte communications with Ms. Hanson to review the project. The Council directed the RFP include the following: preference for family -oriented site use, special consideration for sustainability measures and storm water management, maximizing public benefit (open space, decks, visitor -serving, possible use of bayside docks), and design coordination with improvements to the neighboring Lease Site 86/86W. Given the shortened timeline, staff committed to releasing the RFP in 30 days or less, providing a 0-day timeline for submission of proposals, and to bring back more than one proposal for Council consideration in early August. Mayor Irons added water side improvements can slow the process down and suggested those improvements could be phased in at a later time. MOTION: Mayor Irons moved the Council authorize staff to put the future use and development of Lease Site 87-88/87W-88W out for public bid, to include criteria discussed by the Council. The motion was seconded by Councilmember Headding and carried 4-04. D. COUNCIL DECLARATION OF FUTURE AGENDA ITEMS https://youtu.be/MFzmbTDMzis?t=3h33m47s Councilmember Headding requested discussion of issues related to access to health care and declining availability of practitioners in community. It was suggested this be an educational item, perhaps with a presentation by the County Health Department. Mayor Irons and Councilmembers Makowetski and Smukler concurred. MINUTES - MORRO BAY CITY COUNCIL - APRIL 26, 2016 E. ADJOURNMENT The meeting adjourned at 9:45pm. The next Regular Meeting will be held on Tuesday, May 10, 2016 at 6:00 p.m. at the Veteran's Memorial Hall located at 209 Surf Street, Morro Bay, California. Recorded by: Dana Swanson, City Clerk MINUTES - MORRO BAY CITY COUNCIL - APRIL 26, 2016