HomeMy WebLinkAboutCC_2015-10-13_Meeting MinutesMINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING – OCTOBER 13, 2015
VETERAN’S MEMORIAL HALL – 6:00 P.M.
PRESENT: Jamie Irons Mayor
Noah Smukler Councilmember
John Headding Councilmember
Christine Johnson Councilmember
ABSENT: Matt Makowetski Councilmember
STAFF: Dave Buckingham City Manager
Joe Pannone City Attorney
Dana Swanson City Clerk
Sam Taylor Deputy City Manager
Susan Slayton Administrative Services Director
Rob Livick Public Works Director
Scot Graham Community Development Manager
Eric Endersby Harbor Director
Bryan Millard Police Commander
Steve Knuckles Fire Chief
Janeen Burlingame Management Analyst
Cindy Jacinth Assistant Planner
ESTABLISH QUORUM AND CALL TO ORDER
The meeting was called to order at 6:0 3 p.m.
MOMENT OF SILENCE
PLEDGE OF ALLEGIANCE
CLOSED SESSION REPORT – Mayor Irons reported that with regard to the Closed Session
Items, the Council did not take any reportable action pursuant to the Brown Act.
MAYOR AND COUNCILMEMBERS’ REPORTS, ANNOUNCEMENTS &
PRESENTATIONS
https://youtu.be/2H5j5901dwQ?t=2m29s
Mayor Irons and Councilmembers Johnson, Headding and Smukler provided verbal reports
following their attendance at the League of California Cities Annual Conference in San Jose
September 29 – October 2, 2015.
PUBLIC PRESENTATIONS
LEAP Summary Report
https://youtu.be/2H5j5901dwQ?t=26m50s
Don Maruska opened the presentation and, along with several initiative team leaders, provided a
final summary. The PowerPoint presentation is available on the City website:
http://ca -morrobay.civicplus.com/DocumentCenter/View/8881
AGENDA NO: A-2 MEETING DATE: October 27, 2015
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MINUTES - MORRO BAY CITY COUNCIL – OCTOBER 13, 2015
PUBLIC COMMENT
https://youtu.be/2H5j5901dwQ?t=1h3m13s
Walter Heath, Morro Bay in Bloom, provided the business spot. Volunteers worked to raise
funds and prepare for the city’s second year of participation in the America in Bloom contest.
He recently returned from the American in Bloom Symposium & Awards in Holland, MI, where
Morro Bay earned a 5 out of 5 bloom rating and was the winner in its population category.
Marla Jo Bruton-Sadowski, Chairwoman of COAST Alliance, just learned about acoustic
seismic testing planned in Morro Bay and asked why residents had not been informed. She
provided information to contact the California State Lands Commission with comments,
questions and concerns.
Jon Elliott, Morro Bay resident and business owner, announced a Downtown Trick-or-Treat
event to be held on Saturday, October 31st from 2-5pm on Morro Bay Blvd. from Main Street to
Market Avenue. All local businesses are encouraged to set up a table to participate and can sign
up by emailing: barberjon@morrobaybarbershop.com.
Jennifer Redman, Morro Bay, asked parents to please spread the news and invite the kids to the
October 31st Downtown Trick-or-Treat event. Local non-profit organizations are also
encouraged to bring candy and set up a table. They look forward to a safe, fun event to celebrate
downtown Morro Bay.
Jane Heath, Morro Bay resident and business owner, announced the Surfboard Art Festival.
Maps are available at www.mbsurfboardartfest.com and in local businesses and a Gala Auction
benefitting Morro Bay in Bloom and Project Surf Camp will be held at the Morro Bay Golf
Course on November 7th from 2-5pm. More information is available at
www.morrobayinbloom.org.
Steve McElvaine, owner of Rancho Colina site currently being considered for the future WRF,
expressed concern about the draft MOU and proposed layout prepared by Black & Veatch. He
has been a willing seller to this point but his family was upset with the proposed plan that had
grown from 11 to 16 to 21 acres, including a solar farm, corporation yard, waste water collection
shed, water treatment plant, hazardous waste facility and parking.
Betty Winholtz, Morro Bay, commented on LEAP initiatives: 1) she hoped the City will not put
an aquarium back where the aquarium is, 2) it’s great to have citizen input but forming
committees and not going through advisory boards can get out of control, and 3) she hoped the
2020 visioning statement has been part of the process. With regard to Item D-2, she doesn’t
recall the proposed wind farm coming before PWAB and Planning Commission. Regarding
Items D-1 and C-3, those items should be public hearings. Regarding Item C-2, she supported
those who say we need traffic control; bulb-outs don’t work. She also asked why an attorney
representing the City appeared at the Grilli civil court hearing.
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MINUTES - MORRO BAY CITY COUNCIL – OCTOBER 13, 2015
Lynda Merrill, Morro Bay, spoke regarding Item B-1 and asked Council to postpone the interim
rate adjustment pending review of noise concerns and wear and tear on streets. Regarding Item
D-2, she urged the Council to consider the potential danger wind turbines create for wildlife,
mammals, and birds.
Chuck Stoll, Morro Bay resident and President of Senior Citizens, Inc., congratulated Morro Bay
in Bloom and Walter and Jane Heath on their accomplishment. Members of Senior Citizens, Inc.
are very active and many enjoy pickle ball. He provided court usage and year-end reports that
demonstrate the City could make better use of the roller hockey rink area as permanent pickle
ball courts.
The public comment period was closed.
Council and staff responded to issues raised during public comment.
A. CONSENT AGENDA
https://youtu.be/2H5j5901dwQ?t=2h5m56s
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 SEPTEMBER 22, 2015; (ADMINISTRATION)
RECOMMENDATION: Approve as submitted.
A-2 APPROVAL OF MINUTES FOR THE SPECIAL CITY COUNCIL MEETING HELD
ON SEPTEMBER 22, 2015; (ADMINISTRATION)
RECOMMENDATION: Approve as submitted.
A-3 APPROVAL OF MINUTES FOR THE CITY COUNCIL MEETING HELD ON
SEPTEMBER 22, 2015; (ADMINISTRATION)
RECOMMENDATION: Approve as submitted.
A-4 APPROVAL OF MINUTES FOR THE JOINT MEETINGS OF THE CITY COUNCIL
AND THE FOLLOWING ADVISORY BODIES: GENERAL PLAN ADVISORY
COMMITTEE (GPAC), CITIZENS ADVISORY/CITIZENS FINANCE COMMITTEE
(CFC), PUBLIC WORKS ADVISORY BOARD (PWAB), AND HARBOR
ADVISORY BOARD (HAB) HELD ON SEPTEMBER 29, 2015;
(ADMINISTRATION)
RECOMMENDATION: Approve as submitted.
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MINUTES - MORRO BAY CITY COUNCIL – OCTOBER 13, 2015
A-5 PROCLAMATION DECLARING OCTOBER 18-24, 2015 AS “FREEDOM FROM
WORKPLACE BULLIES WEEK”; (ADMINISTRATION)
RECOMMENDATION: Approve as submitted.
A-6 STATUS REPORT OF A MAJOR MAINTENANCE & REPAIR PLAN (MMRP) FOR
THE EXISTING WASTEWATER TREATMENT PLANT; (PUBLIC WORKS)
RECOMMENDATION: Receive and file.
A-7 WATER RECLAMATION FACILITY (WRF) PROGRAM UPDATE; (PUBLIC
WORKS)
RECOMMENDATION: Receive and file.
A-8 APPROVAL OF A CONTRACT BETWEEN THE CITY OF MORRO BAY AND
PG&E RELATED TO ACCESS AND USE FOR THE BMX BIKE PARK AND
APPROVAL OF AMENDMENT TO MEMORANDUM OF UNDERSTANDING
WITH CENTRAL COAST CONCERNED MOUNTAIN BIKERS, INC. RELATED TO
MANAGEMENT OF BMX BIKE PARK; (ADMINISTRATION)
RECOMMENDATION: Approve as submitted.
A-9 AWARD OF CONTRACT TO PACIFIC COAST EXCAVATION, INC. OF SANTA
MARIA, CA FOR THE PROJECT NO. MB2016-WW06: INTER-STAGE VAULT
AND BLENDING VALVE REPLACEMENT PROJECT; (PUBLIC WORKS)
RECOMMENDATION: Approve as submitted.
A-10 AWARD OF CONTRACT TO ENVIRONMENTAL SCIENCE ASSOCIATES FOR
WRF ENVIRONMENTAL COMPLIANCE SERVICES; (PUBLIC WORKS)
RECOMMENDATION: Approve as submitted.
A-11 AUTHORIZATION TO FILE THE NOTICE OF COMPLETION FOR PROJECT NO.
MB-2015-WW05, MMRP: DIGESTER # 1 COATING AND REPAIRS PROJECT;
(PUBLIC WORKS)
RECOMMENDATION: Approve as submitted.
A-12 APPOINTMENT OF COUNCIL MEMBER JOHN HEADDING AS LIAISON TO THE
CITIZENS FINANCE COMMITTEE; (ADMINISTRATION)
RECOMMENDATION: Approve as submitted.
The public comment period for the Consent Agenda was opened; seeing none, the public
comment period was closed.
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MINUTES - MORRO BAY CITY COUNCIL – OCTOBER 13, 2015
Mayor Irons requested Items A-3, A-5 and A-7 be pulled for separate consideration.
Councilmember Headding requested Item A-10 be pulled for separate consideration.
MOTION: Councilmember Johnson moved the Council approve Items A-1, A-2, A-4, A-6,
A-8, A-9, A-11 and A-12. The motion was seconded by Councilmember Smukler
and carried unanimously, 4-0.
A-3 APPROVAL OF MINUTES FOR THE CITY COUNCIL MEETING HELD ON
SEPTEMBER 22, 2015; (ADMINISTRATION)
https://youtu.be/2H5j5901dwQ?t=2h7m12s
Mayor Irons requested the September 22, 2015 City Council Minutes be corrected to reflect the
order in which business was conducted.
A-5 PROCLAMATION DECLARING OCTOBER 18-24, 2015 AS “FREEDOM FROM
WORKPLACE BULLIES WEEK”; (ADMINISTRATION)
https://youtu.be/2H5j5901dwQ?t=2h7m54s
Mayor Irons commented on the importance of being considerate and respectful to others and
allow everyone to speak freely at public meetings without fear of being bullied.
A-7 WATER RECLAMATION FACILITY (WRF) PROGRAM UPDATE; (PUBLIC
WORKS)
https://youtu.be/2H5j5901dwQ?t=2h9m52s
Mayor Irons noted there was a calculation error in Attachment 1 and requested it be corrected in
the future. Public Works Director Livick agreed and noted the report will be improved to
provide more detail in the future.
A-10 AWARD OF CONTRACT TO ENVIRONMENTAL SCIENCE ASSOCIATES FOR
WRF ENVIRONMENTAL COMPLIANCE SERVICES; (PUBLIC WORKS)
https://youtu.be/2H5j5901dwQ?t=2h11m10s
Councilmember Headding asked for clarification on the fiscal impact section of the report. City
Manager Buckingham explained the water and sewer rate increase recently approved was set to
fund Phase 1 construction only as those rates cannot extend beyond 5 years. There is a 30%
contingency in that project and staff is working to stay under budget. It is anticipated the City
will need to look at rates again in 5 years to ensure they are set appropriately for Phase 2.
MOTION: Mayor Irons moved the Council approve Items A-3, A-5, A-7 and A-10 of the
Consent Agenda. The motion was seconded by Councilmember Headding and
carried unanimously, 4-0.
A brief recess was called at 8:23 p.m. and the meeting reconvened at 8:37 p.m.
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MINUTES - MORRO BAY CITY COUNCIL – OCTOBER 13, 2015
There was Council consensus to move Item B-2 to the front of the agenda.
B. PUBLIC HEARINGS
B-2 APPROVAL OF CONDITIONAL USE PERMIT (UP0-424) FOR THE CONCEPT
AND PRECISE PLANS TO ERECT A FISHERMEN’S FAMILY SCULPTURE
STATUE ON COLEMAN DRIVE NEAR TARGET ROCK AND SOUTHEAST OF
MORRO ROCK; (COMMUNITY DEVELOPMENT)
https://youtu.be/2H5j5901dwQ?t=2h21m50s
Assistant Planner Jacinth presented the staff report and responded to Council inquiries.
The public comment period for Item B-2 was opened.
Cathy Novak, spoke representing Central Coast Women for Fisheries (CCWF), noting the group
has been diligently raising money for installation of this important tribute to the families of
mariners for seven years. She thanked the City for its continued support of the project,
recognizing the hardworking men and women of the commercial fishing industry. Responding
to questions from the Council, she noted there are no funds at this time for an interpretive panel
and the statue is solid bronze. With regard to vandalism, it would be difficult to get lighting
approved by the Coastal Commission.
Lori French, Central Coast Women for Fisheries, thanked Morro Bay 50th and the Morro Bay
Aquarium for their generous contributions. With regard to vandalism, she was hopeful it will not
be a problem. The board will discuss an interpretative panel at their next meeting.
The public comment period for Item B-2 was closed.
Councilmember Headding thanked the CCWF for their fundraising efforts and maintaining the
heritage that runs deep in this community. Councilmember Smukler anticipated there will be
vandalism at some point and encouraged staff to look into anti-graffiti applications to protect the
statue. Mayor Irons suggested using rock to provide a buffer and some protection. Staff agreed
this would be fairly simple to do.
MOTION: Mayor Irons moved the Council adopt Resolution No. 66-15 approving the
Conditional Use Permit (UP0-424) for Concept and Precise Plans to erect a new
Fishermen’s Family Sculpture memorial, amended to include a condition for City
staff to provide a rock barricade to delineate and protect the sculpture. The motion
was seconded by Councilmember Smukler and carried unanimously, 4-0
B-1 PUBLIC HEARING FOR AND CONSIDERATION OF MORRO BAY GARBAGE
SERVICE INTERIM RATE ADJUSTMENT APPLICATION AND ADOPTION OF
RESOLUTION NO. 65-15; (PUBLIC WORKS)
https://youtu.be/2H5j5901dwQ?t=2h47m20s
Management Analyst Burlingame presented the staff report and responded to Council inquiries.
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MINUTES - MORRO BAY CITY COUNCIL – OCTOBER 13, 2015
Mayor Irons opened the public hearing. The City Clerk confirmed notices were mailed on
August 28, 2015 to all property owners and customers, and confirmed that two written protests
had been received thus far.
The public comment period for Item B-1 was opened; seeing none, the public comment period
for Item B-1 was closed.
Mayor Irons closed the public hearing.
Councilmember Headding as the City’s representative to IWMA, was present during the
evaluation process. The anaerobic oxygen-free decomposition technology being used prevents
the accumulation of something detrimental and generates something that is beneficial to the
environment. The IWMA considered both 10-year and 20-year bonds; there was a 20% cost
savings with the 20-year agreement.
MOTION: Councilmember Headding moved the Council adopt Resolution No. 65-15
increasing the solid waste rates by 3.22% effective January 1, 2016, provided
there is not a majority protest against such increase. The motion was seconded by
Councilmember Smukler and carried unanimously, 4-0.
C. UNFINISHED BUSINESS / SECOND READING AND ADOPTION OF
ORDINANCES
C-1 RESOLUTION NO. 63-15 ESTABLISHING A FEE SUBSIDY AND COST
RECOVERY POLICY; (ADMINISTRATION)
https://youtu.be/oOF2mkDmP6o?t=1s
Deputy City Manager Taylor presented the staff report and responded to Council inquiries.
The public comment period for Item C-1 was opened.
Marla Jo Bruton-Sadowski, Morro Bay, asked whether the City was subsidizing the water supply
in the harbor on the docks, noting there are no meters there. She also expressed concern about
showers at the rock not being operational and requested more frequent cleanings during heavy
tourist seasons.
The public comment period for Item C-1 was closed.
Councilmember Johnson supports the advisory board recommendations. As Council liaison to
the Recreation & Parks Commission, she appreciated how they balanced quality of life issues
and conducted a thoughtful and thorough review.
Councilmember Headding does not support subsidizing an industry that doesn’t need to be
subsidized. He supports fishing as an important part of the community but would like to see
those funds moved to youth programs.
8
MINUTES - MORRO BAY CITY COUNCIL – OCTOBER 13, 2015
Councilmember Smukler appreciated the phased approach with 85% this year and the next stage
likely in future years. He noted that fees support the services and infrastructure we depend on,
therefore subsidizing is a serious decision.
Mayor Irons clarified any harbor subsidies come out of the Harbor Enterprise Fund, which is
separate from the General Fund.
MOTION: Mayor Irons moved the Council adopt Resolution 63-15 establishing a Fee
Subsidy and Cost Recovery Policy. The motion was seconded by Councilmember
Johnson and carried unanimously, 4-0.
In order to facilitate public participation, there was Council consensus to move to Item D-2.
D. NEW BUSINESS
D-2 APPROVAL OF MEMORANDUM OF COOPERATION (“MOC”) BETWEEN THE
CITY AND TRIDENT WINDS, LLC, A WASHINGTON LIMITED LIABILITY
COMPANY (TRIDENT”), REGARDING A POSSIBLE WIND TURBINE PROJECT
LOCATED OFF-SHORE FOR THE PRODUCTION OF ELECTRICITY;
(ADMINISTRATION)
https://youtu.be/oOF2mkDmP6o?t=29m19s
City Manager Buckingham introduced Alla Weinstein and Brian Walshe from Trident Winds,
LLC who presented information regarding the proposed project and responded to Council
inquiries. The PowerPoint presentation is available on the City website: http://ca-
morrobay.civicplus.com/DocumentCenter/View/8885.
Councilmember Johnson disclosed ex parte communications. She met once with Alla Weinstein
and Erik Markell before bringing the item to the City Council.
Mayor Irons clarified the prior meetings were not Brown Act meetings, just introductions and
one-on-one meetings with Trident representatives.
The public comment period for Item D-2 was opened.
Rosalie Valvo, Morro Bay, spoke on behalf of Morro Coast Audubon Society, supports all forms
of renewable energy to reduce greenhouse gas emissions. As the first offshore wind energy
project proposed in California, this will set a precedent, and the Audubon Society looks forward
to meeting with Trident to address concerns and plan a project that is best for our birds.
Marla Jo Bruton-Sadowski, Morro Bay, appreciated the presentation but has concerns and asked
for caution before approving an MOC when we don’t know what that commitment means.
Betty Winholtz, Morro Bay, believed it would be an advantage to the company for the City to
enter into this agreement, not to the City, and suggested more research before taking action.
The public comment period for Item D-2 was closed.
9
MINUTES - MORRO BAY CITY COUNCIL – OCTOBER 13, 2015
Mr. Pannone stated the agreement specifically says if at any time the City determines what
Trident plans to do is not in the public’s best interest, the document can be torn up. The City’s
flexibility in the agreement is very broad and includes exploring the project and providing input
during the permitting process.
Mayor Irons shared this is an interesting opportunity to explore and consider, and he supports the
MOC as a first step to open dialogue and stay informed along the way. He is h opeful other
companies might want to enter into such an agreement on large projects as it provides an
opportunity for dialogue and community input.
Councilmember Johnson noted that Morro Bay given its location with wind and wave resources
is a likely candidate for renewable energy. It behooves the City to come to a simple agreement,
to be at the table and participate in moving forward. The MOC will protect the City from
unpleasant surprises and allow our stakeholders and constituents to be informed.
Councilmember Headding requested staff monitor internal resources as we move forward with
this project. There are a tremendous number of goals and initiatives so it’s appropriate to hear
routinely from staff how much time is being spent on this project on a monthly or quarterly basis.
This document is not exclusive and does not prevent us from talking to someone else, but it does
memorialize the community’s desire to buy into the concept of renewable energy and have a seat
at the table.
Councilmember Smukler appreciated Trident’s responsiveness for a strong public engagement
process, which the MOC outlines as a key priority. The City reserves the right to pull back and
make comments as the project goes through the process.
MOTION: Councilmember Johnson moved the Council approve the Memorandum of
Cooperation between the City of Morro Bay and Trident Winds, LLC. The
motion was seconded by Councilmember Headding and carried unanimously, 4-0.
There was Council consensus to continue Items C-2 and D-1 to a future meeting.
MOTION: Councilmember Headding moved the meeting go past 11:00 p.m. The motion
was seconded by Councilmember Johnson and carried unanimously, 4-0.
There was Council consensus to move to Item D-3.
D. NEW BUSINESS
D-3 DISCUSSION OF INTENT TO BE A HOST CITY FOR THE START OF ONE LEG
OF THE 2016 AMGEN TOUR OF CALIFORNIA BICYCLE RACE;
(ADMINISTRATION)
https://youtu.be/oOF2mkDmP6o?t=1h41m2s
Deputy City Manager Taylor presented the staff report and responded to Council inquiries.
10
MINUTES - MORRO BAY CITY COUNCIL – OCTOBER 13, 2015
The public comment period for Item D-3 was opened.
Robert Davis, Morro Bay, shared his enthusiasm for the City being part of this event as it will
give the city international exposure. Tour of California is a major race on the professional circuit
including the top bike racers in the world. The San Luis Obispo Bicycle Club has traditionally
contributed $1,000 to host cities in SLO County. If Council approves this tonight, then he
requests staff send a letter requesting $1,000 from the Bike Club.
Betty Winholtz, Morro Bay, supports this wonderful event but requested the Council add a
clause to the motion directing staff to track costs so the public can see the financial benefit vs.
expenses.
The public comment period for Item D-3 was closed.
MOTION: Mayor Irons moved the City Council endorse the intent to agree with the
invitation to be a host city for the start of one leg of the 2016 Amgen Tour of
California and directs the City Manager to coordinate all details, including the
anticipated contract. Council further directs staff to return to Council for approval
if the total cost to the General Fund exceeds current budget authorization. The
motion was seconded by Councilmember Headding and carried unanimously, 4-0.
C-3 INTRODUCTION AND FIRST READING OF ORDINANCE NO. 597 AMENDING
SUBSECTION 5.08.220 C. OF THE MORRO MUNICIPAL CODE RELATING TO
THE $4,000 EXCEPTION: (ADMINISTRATIVE SERVICES)
https://youtu.be/oOF2mkDmP6o?t=2h7m44s
Administrative Services Director Slayton presented the staff report and responded to Council
inquiries.
The public comment period for Item C-3 was opened; seeing none, the public comment period
was closed.
MOTION: Mayor Irons moved for introduction and first reading of Ordinance 597 by
number and title only, and waived further reading. The motion was seconded by
Councilmember Smukler and carried unanimously, 4-0.
C-2 DISCUSSION OF UNWARRANTED TRAFFIC CONTROL DEVICES, RESCISSION
OF RESOLUTION NO. 38-15 REGARDING PLACEMENT OF STOP SIGN AT THE
INTERSECTION OF PACIFIC AND MAIN STREETS AND CONSIDERATION OF
ALTERNATIVE TRAFFIC CALMING MEASURES: (PUBLIC WORKS)
This item was continued to a future meeting.
D-1 INTRODUCTION AND FIRST READING OF ORDINANCE NO. 596 ADDING
CHAPTER 14.42 TO THE MORRO BAY MUNICIPAL CODE, PROVIDING A
STREAMLINED PERMITTING PROCESS FOR SMALL RESIDENTIAL ROOFTOP
SOLAR SYSTEMS AND FINDING THE ORDINANCE EXEMPT FROM THE
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MINUTES - MORRO BAY CITY COUNCIL – OCTOBER 13, 2015
CALIFORNIA ENVIRONMENTAL QUALITY ACT; (COMMUNITY
DEVELOPMENT)
This item was continued to a future meeting.
E. COUNCIL DECLARATION OF FUTURE AGENDA ITEMS
https://youtu.be/oOF2mkDmP6o?t=2h12m8s
Councilmember Johnson requested a status report on the MOU with Mr. McElvaine regarding
the potential WRF site be brought to Council for discussion at the next City Council Meeting;
Council concurred.
Mayor Irons requested an acoustic testing policy, statement or resolution be considered by the
Harbor Advisory Board then brought to the City Council; Council concurred.
Councilmember Smukler requested a water systems and supply update be brought to Council
within the year. Staff agreed and one objective for FY16 is to update the City’s clean water
master plan. This item will be added to the agenda planning guide.
ADJOURNMENT
The meeting was adjourned at 11:43 p.m. to the next regular City Council meeting will be held
on Tuesday, October 27, 2015 at 6:00 p.m. at the Veteran’s Memorial Hall, 209 Surf Street,
Morro Bay, California.
Recorded by:
Dana Swanson
City Clerk