HomeMy WebLinkAboutCC_2015-04-28_Meeting MinutesMINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING – APRIL 28, 2015
VETERAN’S MEMORIAL HALL – 6:00P.M.
PRESENT: Jamie Irons Mayor
Noah Smukler Councilmember
John Headding Councilmember
Christine Johnson Councilmember
Matt Makowetski Councilmember
STAFF: David Buckingham City Manager
Joe Pannone City Attorney
Dana Swanson City Clerk
Rob Livick Public Works Director
Scot Graham Community Development Manager
Cindy Jacinth Associate Planner
Eric Endersby Harbor Director
Amy Christey Police Chief
Steve Knuckles Fire Chief
ESTABLISH QUORUM AND CALL TO ORDER
The meeting was called to order at 6:03pm
MOMENT OF SILENCE
PLEDGE OF ALLEGIANCE
CLOSED SESSION REPORT
MAYOR AND COUNCILMEMBERS’ REPORTS, ANNOUNCEMENTS &
PRESENTATIONS
PUBLIC PRESENTATIONS
https://youtu.be/vyzSrODmkdU?t=27m23s
Chamber of Commerce Quarterly Presentation
Jennifer Redman, President of the Morro Bay Chamber of Commerce, provided the quarterly
update for January – March 2015. The Chamber provides the city and local businesses with
event support, incubator office support, business retention and expansion support. Plans for next
quarter include preparations for the October 2015 business walk, assisting with the sign
ordinance update, launching the new website, social media outreach, a Bike to Work rally, and
marketing and economic roundtable breakfast.
Morro Bay Police Department App Presentation
Commander Millard provided information on the new Morro Bay Police Department smartphone
application which is intended to expand lines of communication between the department and the
community. The free download is available for Apple, Android and Windows devices.
AGENDA NO: A-1
MEETING DATE: May 12, 2015
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MINUTES - MORRO BAY CITY COUNCIL – APRIL 28, 2015
Presentation of Letter Carriers’ Food Drive Day Proclamation
Mayor Irons presented a Proclamation to Joe Gibson of the National Association of Letter
Carriers, declaring May 9, 2015 as Letter Carriers’ Food Drive Day.
Presentation of Morro Bay in Bloom Proclamation
Mayor Irons presented a Proclamation to Walter Heath of Morro Bay in Bloom thanking Morro
Bay in Bloom for their work and welcoming America in Bloom to the City of Morro Bay on July
13-14, 2015.
PUBLIC COMMENT
https://youtu.be/vyzSrODmkdU?t=55m16s
George Leage of Great American Fish Co. (GAFCO) provided the business spot. GAFCO
opened in 1980, 35 years ago, on the 4th of July. They recently they added steak to their menu
and it’s the best steak around. Prime rib is served on Friday nights.
KC Caldwell, Morro Bay, thanked the Council for their commitment to neighborhood
compatibility. A community meeting will be held April 29 to review the draft document that is
going to the Planning Commission on May 5. She asks that future meetings be held on
Saturdays to get a larger turn-out, possibly 9am to noon.
Robert Davis, Morro Bay, shared the Morro Bay Citizens Bike Committee and San Luis Obispo
Bike Club set up a table at the Emergency Vehicle Show and gave away 80 water bottles, mostly
to children who signed a bike safety pledge. They will set up a table at the Eco-Rotary Fair on
May 31 at St. Timothy’s. The following activities are planned for bike month: a Twilight Bike
Ride on May 6 beginning at 7:15 at the parklet; free breakfast for bike commuters on May 15 at
City Park; and a bike tour to Baywood on May 23 starting at 9am at the elementary school. The
SLO County Bike Coalition is kicking off a “Light up San Luis Obispo County” program in San
Luis Obispo.
Trina Dougherty, Morro Bay, reminded everyone to email event information to AGP Video at
agp@agpvideo.com so it can be posted on Channel 20; the Morro Bay Friends of the Library
book sale will be held on Sat., May 16 at the Morro Bay Community Center; and Eco-Rotary
invites you to the 3rd Eco-Fair at St. Timothy’s Church on May 31 from 12-5. Please call 801-
4826 for more information.
Betty Winholtz, Morro Bay, shared concerns about the idea of smart meters for water and asked
if the City will offer an opt-out program, noting the PUC has told PG&E they can no longer
charge customers who opt-out. Regarding Item A-4, she believes this refers to a round-about
and objects to the staff report in that it’s not direct and does not include the history about this
item. This should not be a consent item as it needs more deliberation.
The public comment period was closed.
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MINUTES - MORRO BAY CITY COUNCIL – APRIL 28, 2015
A. CONSENT AGENDA
https://youtu.be/vyzSrODmkdU?t=1h13m
Unless an item is pulled for separate action by the City Council, the following actions are
approved without discussion.
A-1 APPROVAL OF MINUTES FOR THE SPECIAL CLOSED SESSION CITY
COUNCIL MEETING HELD ON APRIL 14, 2015; (ADMINISTRATION)
RECOMMENDATION: Approve as submitted.
A-2 APPROVAL OF MINUTES FOR THE CITY COUNCIL MEETING HELD ON APRIL
14, 2015; (ADMINISTRATION)
RECOMMENDATION: Approve as submitted.
A-3 ANNUAL REPORTING ON THE MORRO BAY TOURISM BUSINESS
IMPROVEMENT DISTRICT AND SCHEDULING OF A PUBLIC HEARING;
(ADMINISTRATIVE SERVICES)
RECOMMENDATION: Receive report and set the public hearing for May 12, 2015.
A-4 RESOLUTION NO. 19-15 APPROVING A COOPERATIVE AGREEMENT BETWEEN
THE CALIFORNIA DEPARTMENT OF TRANSPORTATION (CALTRANS) AND
THE CITY OF MORRO BAY FOR IMPROVEMENTS TO THE STATE HIGHWAY
SYSTEM AT THE INTERSECTION OF STATE ROUTE 1/ MAIN STREET AND
STATE ROUTE 41; (PUBLIC WORKS)
RECOMMENDATION: Approve Resolution No. 19-15.
A-5 AGREE TO COUNCIL MEMBERS JOHNSON AND SMUKLER ACTING AS
LIAISONS TO CITY STAFF REGARDING THE PLANNING PROCESS FOR THE
2015 4TH OF JULY EVENT; (ADMINISTRATION)
RECOMMENDATION: Approve as submitted.
The public comment period for the Consent Agenda was opened; seeing none, the public
comment period was closed.
Mayor Irons pulled Item A-4 and A-5.
MOTION: Councilmember Makowetski moved to approve Items A-1, A-2 and A-3. The
motion was seconded by Councilmember Headding and carried unanimously, 5-0.
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MINUTES - MORRO BAY CITY COUNCIL – APRIL 28, 2015
A-4 RESOLUTION NO. 19-15 APPROVING A COOPERATIVE AGREEMENT BETWEEN
THE CALIFORNIA DEPARTMENT OF TRANSPORTATION (CALTRANS) AND
THE CITY OF MORRO BAY FOR IMPROVEMENTS TO THE STATE HIGHWAY
SYSTEM AT THE INTERSECTION OF STATE ROUTE 1/ MAIN STREET AND
STATE ROUTE 41; (PUBLIC WORKS)
https://youtu.be/vyzSrODmkdU?t=1h14m4s
Public Works Director Livick provided additional information regarding the proposed
agreement. The City is at the very beginning of the process and this agreement allows us to
access Caltrans funds. A round-about was considered at one time and is still considered now, as
is signalization. Any project will go through full permitting and environmental review, the
school district will have an opportunity to provide input, and pedestrian concerns will be
addressed. No construction dollars are available at this time; we are positioning ourselves to be
able to receive those construction dollars when they become available.
MOTION: Councilmember Johnson moved the Council approve Resolution No. 19-15. The
motion was seconded by Councilmember Makowetski and carried unanimously,
5-0.
A-5 AGREE TO COUNCIL MEMBERS JOHNSON AND SMUKLER ACTING AS
LIAISONS TO CITY STAFF REGARDING THE PLANNING PROCESS FOR THE
2015 4TH OF JULY EVENT; (ADMINISTRATION)
https://youtu.be/vyzSrODmkdU?t=1h21m16s
Councilmember Johnson agendized this item in order to have a brief discussion regarding the
desire to have Council provide support for staff and the community to ensure the 4th of July event
is a success this year during the transition.
MOTION: Councilmember Headding moved the Council approve Item A-5. The motion was
seconded by Councilmember Smukler and carried unanimously, 5-0.
B. PUBLIC HEARINGS
B-1 COASTAL DEVELOPMENT AND CONDITIONAL USE PERMITS APPROVAL
(CP0-442 & UP0-381) FOR A BMX BIKE PARK ON VACANT CITY-OWNED
PROPERTY AT 301 LITTLE MORRO CREEK ROAD, APPROX. 400 FEET NORTH
OF THE INTERSECTION OF LITTLE MORRO CREEK, RADCLIFF AND MAIN
STREETS; (COMMUNITY DEVELOPMENT)
https://youtu.be/vyzSrODmkdU?t=1h24m36s
Assistant Planner Jacinth presented the staff report and responded to Council inquiries.
The public comment period for Item B-1 was opened.
Melinda Rice, Morro Bay, spoke in opposition to the bike park, noting concerns regarding city
liability and traffic safety.
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MINUTES - MORRO BAY CITY COUNCIL – APRIL 28, 2015
Pam Sines, Morro Bay, spoke in opposition to the proposed location for the bike park, noting
traffic and safety concerns, asking the Council to deny the bike park at this location only.
Robert Davis, spoke on behalf of the Morro Bay Bike Committee, who along with the San Luis
Obispo Bike Club wholeheartedly support this bike park.
Bob Keller, Morro Bay, expressed support for a bike park for kids to keep them active, but we
need to keep it safe. He recommends good signage and crosswalks, possibly by Lemos, or near
the PG&E exit.
Rick Sauerwein, neighbor of Morro Bay, asked for clarification about the type of fencing being
proposed. Orange construction fencing is an eyesore and a terrible problem to maintain.
Charlene Nungaray, Morro Bay, agrees we should have a bike park at a different location due to
safety concerns and traffic issues exiting Hwy 1.
James Constanzo, Morro Bay, expressed concern about infrastructure on that roadway to support
the increased traffic.
The public comment period for Item B-1 was closed.
Councilmember Smukler noted the City has a responsibility to improve safety in this area with or
without a bike park. Director Livick shared the Caltrans’ solution to improve safety would be to
make Radcliffe to Main right-turn only. The City will be making improvements in this area as
time and resources allow.
Councilmember Headding is in favor of the project if we mitigate the issues of providing a
bathroom facility and water. He is not concerned about dust control, after-dark use, or shade.
He is mostly concerned with safety for south-bound Main Street bicyclists and, lastly, need to
think about aesthetics. The siting allows for visibility; we should keep it as natural as possible.
Councilmember Makowetski understands the concerns of nearby residents, but given the
itinerant aspect of the project he is satisfied with revisiting every six months. He likes the maps
and diagrams, and the kids are really looking forward to it.
Councilmember Johnson understands neighbor concerns and appreciates they support a bike park
and kids activities. The Council has been discussing this for some time and looked at other
potential spots and there simply is no other location. She wants to clarify the bike park will
come back to the Planning Commission six months after operation with bike circulation and
vehicle traffic concerns reviewed at that time.
Mayor Irons agrees with the six month review after opening, with safety, trash and bathroom
needs being addressed at that time. He is hopeful we can find more sturdy materials for fencing.
City Attorney Pannone suggests adding condition #12 on page six of Resolution No. 20-15 to
state, “the project will be reviewed by the Planning Commission within six months after the park
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MINUTES - MORRO BAY CITY COUNCIL – APRIL 28, 2015
is opened for public use and that review could result in additional conditions regarding
restrooms, trash receptacles, including screening, and other safety related issues,” and revising
condition #5 to clarify the Planning Commission review will occur six months after operation.
Bonnie Johnson, Morro Bay Bike Park, stated she is comfortable coming back six months after
operation to review any additional requirements.
MOTION: Mayor Irons moved the Council adopt Resolution No. 20-15 making the
necessary findings for approval of Coastal Development and Conditional Use
Permits CP0-442 and UP0-381 with the additional requirement #12 and amending
condition #5 as suggested by staff. The motion was seconded by Councilmember
Smukler and carried unanimously, 5-0.
C. UNFINISHED BUSINESS / SECOND READING AND ADOPTION OF
ORDINANCES
C-1 INTRODUCTION AND FIRST READING OF ORDINANCE NO. 592 OF THE CITY
COUNCIL OF THE CITY OF MORRO BAY, CALIFORNIA, AMENDING
SUBSECTION 14.08.090 O. OF THE MORRO BAY MUNICIPAL CODE RELATING
TO SALE AND USE OF FIREWORKS; (POLICE)
https://youtu.be/vyzSrODmkdU?t=2h59m25s
Chief Christey presented the staff report and responded to Council inquiries.
The public comment period for Item C-1 was opened; seeing none, the public comment period
was closed.
MOTION: Councilmember Johnson moved for introduction and first reading of Ordinance
No. 592, version A by number and title only, and waives further reading. The
motion was seconded by Councilmember Headding and carried unanimously, 5-0.
C-2 INTRODUCTION AND FIRST READING OF ORDINANCE NO. 593 OF THE CITY
COUNCIL OF THE CITY OF MORRO BAY, CALIFORNIA, ADDING CHAPTER
9.34 TO THE MORRO BAY MUNICIPAL CODE (MBMC) BANNING THE
POSSESSION OF CERTAIN INTOXICATING COMPOUNDS KNOWN AS
SYNTHETIC DRUGS; (POLICE)
https://youtu.be/vyzSrODmkdU?t=3h6m42s
Chief Christey presented the staff report and introduced Ordinance 593 by number and title.
The public comment period for Item C-2 was opened; seeing none, the public comment period
was closed.
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MINUTES - MORRO BAY CITY COUNCIL – APRIL 28, 2015
MOTION: Councilmember Headding moved for introduction and first reading of Ordinance
593 by number and title only, as read by staff, waiving further reading. The
motion was seconded by Councilmember Smukler and carried unanimously, 5-0.
C-3 DISCUSSION AND DIRECTION REGARDING AGENDA FOR APRIL 30, 2015
JOINT MEETING WITH CAYUCOS SANITARY DISTRICT; (ADMINISTRATION/
PUBLIC WORKS)
https://youtu.be/vyzSrODmkdU?t=3h10m21s
City Manager Buckingham presented the staff report.
The public comment period for Item C-3 was opened.
Barry Brannin, Morro Bay, shared the importance of relationships—there’s a lot of give and
take, good times, thin times. Throughout 55 years we always had trust. He is afraid that in our
hurry to get the plant built, we have lost the trust of our partner. We need to solve the trust
problem.
The public comment period for Item C-3 was closed.
Councilmember Headding agrees the absolute foundation of any relationship in their lives is
based on a foundation of trust. He also recognizes there are limitations that inhibit one’s ability
to have casual conversations that might provide insight into direction; members of both
communities have expressed those frustrations. He wants this to be a regional collaborative
partnership based on the foundation of trust and at a cost-sharing arrangement.
Councilmember Smukler stated the City has worked hard to get to an excellent sight through a
very strong public engagement and serious study and analysis. He is confident we can get to the
point we have a plant, and we don’t have a choice about how quickly we need to get there. He is
committed to working together with Cayucos and supports the suggested motion.
Councilmember Johnson asked the staff presentation be posted on the City website as it provides
the basics of where we are now and where we are going.
MOTION: Mayor Irons moves the Council reaffirm our shared intention to work
cooperatively with the Cayucos Sanitary District to construct a new Wastewater
Treatment Plant / Water Reclamation Facility at the preferred Rancho Colina site,
to reach initial operational capacity for the WWTP in 5 years, and pledge to
continue to work in good faith to keep the project moving forward on the
previously presented 5-year schedule. The motion was seconded by
Councilmember Johnson and carried unanimously, 5-0.
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MINUTES - MORRO BAY CITY COUNCIL – APRIL 28, 2015
D. NEW BUSINESS
D-1 DISCUSSION AND DIRECTION TO STAFF REGARDING LEASE SITE 69-70/69W-
70W LOCATED AT 595 EMBARCADERO (MORRO BAY AQUARIUM);
(ADMINISTRATION)
https://youtu.be/SrUdjOOwjuM?t=1s
City Manager Buckingham presented the staff report.
The public comment period for Item D-1 was opened; seeing none, the public comment period
was closed.
Councilmember Headding became involved as a result of a LEAP initiative to see an educational
facility / attraction for economic improvement and development. CCA is an extremely willing
partner that has demonstrated success and is rising to the occasion. They are able to do
significant fund-raising and have a good relationship established with Cal Poly—above and
beyond what was initially imagined. This item fits in goals to draw visitors and improve the
economy. He supports the proposed motion.
Councilmember Smukler is glad to see we’ve worked with CCA and Cal Poly and believes this
will be one of the most exciting projects on the Embarcadero, if not the entire town.
Councilmember Makowetski sees this as a great opportunity. Looking at everything we’ve been
doing on the Embarcadero, the harborwalk, creating this unification, working with our
community partners such as Cal Poly and PG&E, the concept of wave technology, the whole
idea of scientific outreach; it’s good to see this go forward.
Councilmember Johnson agrees this is a unique opportunity and it’s important to note that even
though CCA didn’t respond to RFP, they continued to reach out to the City. CCA is a very
strong organization with a committed board, not only to the governance of the organization, but
also to fund-raising. Cal Poly is an exceptional partner that would benefit Morro Bay directly,
and Dean Wendt is also active in our fishing community.
Mayor Irons wants to recognize the vision of the Tyler’s; CCA had similar vision and started
with a very small aquarium, then grew to the CCA we see today. CCA reached out to Morro
Bay very early on and have been very respectful of the Tylers. The partnership with Cal Poly is
a great opportunity.
MOTION: Councilmember Headding moved the Council direct staff to work directly with
CCA board of directors to develop a proposal for a public/private partnership for
the operation and future revitalization of the Morro Bay Aquarium lease site, a
proposal that must come back to City Council for review and approval before any
binding agreement is considered. The motion was seconded by Councilmember
Johnson and carried unanimously, 5-0.
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MINUTES - MORRO BAY CITY COUNCIL – APRIL 28, 2015
D-2 DISCUSSION AND DIRECTION ON PRIORITIZATION OF PLANNING DIVISION
OBJECTIVES; (COMMUNITY DEVELOPMENT)
https://youtu.be/SrUdjOOwjuM?t=25m31s
Community Development Manager Graham presented the staff report. City Manager
Buckingham suggested that based on the adopted goals and objectives, Council consider the
following six items be the top priorities: Residential Design Guidelines, Beach Street Parking
Amendment, Sign Ordinance, Parking Management Plan, Secondary Unit Ordinance and
Downtown Specific Plan.
The public comment period for Item D-2 was opened; seeing none, the public comment period
was closed.
Councilmember Smukler trusts Mr. Graham’s judgment and prefers the Council affirm rough set
of upper priorities and allow staff to strategically approach details as they see fit.
Councilmember Johnson generally agrees with those six priorities, moving around as needed,
and asks staff to keep a list of items that aren’t related to goals for the future. Also important to
respond to Planning Commission’s request to look at commercial design guidelines.
Councilmember Headding would like to see the sign ordinance completed and it is imperative to
get residential design guidelines done. He would like to see the waterfront master plan in the
next budget period, along with commercial design guidelines.
Mayor Irons asked staff to consider creating a waterfront master plan fund during budget process
and also wants to consider Planning Commission’s request for commercial design guidelines.
MOTION: Councilmember Smukler moved the Council prioritize items as suggested by
staff: 1) Residential Design Guidelines, 2) Beach Street Parking Amendment, 3)
Sign Ordinance, 4) Parking Management, 5) Secondary Units, and 6) Downtown
Specific Plan. Retain all items on work list prioritized by time, regulatory
sensitivities, city goals, budget, and staff time, and provide staff the flexibility to
strategically pursue opportunities to advance other items, as feasible. The motion
was seconded by Mayor Irons.
Councilmember Headding requested the Motion be amended to include
consideration of return on investment. Councilmember Smukler accepted the
amendment. The amended motion was seconded by Mayor Irons and carried
unanimously, 5-0.
MOTION: Councilmember Smukler moved the Council direct staff to bring updates on
individual items, as necessary, and schedule an annual review of the work
program. Staff noted they will bring individual items to the Council as guidance
is required. The motion died for lack of a second.
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MINUTES - MORRO BAY CITY COUNCIL – APRIL 28, 2015
D-3 REVIEW AND DISCUSSION OF STOP SIGN REQUEST FOR THE INTERSECTION
OF MAIN AND PACIFIC STREETS); (PUBLIC WORKS)
https://youtu.be/SrUdjOOwjuM?t=1h8m33s
Public Works Director Livick presented the staff report and responded to Council inquiries.
The public comment period for Item D-3 was opened; seeing none, the public comment period
was closed.
Councilmembers Smukler and Johnson support additional traffic calming at this intersection
including stop signs and crosswalks. Councilmember Makowetski agrees traffic calming or
slowing is needed, though not necessarily a stop sign.
Mayor Irons supports the staff recommendation and would consider crosswalks. He understands
neighbor concerns and believes those concerns apply to several other intersections in town.
MOTION: Councilmember Smukler moves the Council order staff to return with a resolution
that causes the installation of a traffic control device on Main Street at Pacific
Street. The motion was seconded by Councilmember Johnson. The motion
carried 3-2, with Irons and Headding opposed.
MOTION: Mayor Irons moved to the meeting go past 11:00. The motion was seconded by
Councilmember Headding and carried unanimously, 5-0.
E. COUNCIL DECLARATION OF FUTURE AGENDA ITEMS - None
https://youtu.be/SrUdjOOwjuM?t=1h18m49s
ADJOURNMENT
The meeting adjourned at 11:02p.m.
Recorded by:
Dana Swanson
City Clerk