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HomeMy WebLinkAboutCC_2014-01-14_Meeting MinutesMINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING – JANUARY 14, 2014 VETERAN’S MEMORIAL HALL – 6:00P.M. PRESENT: Jamie Irons Mayor Christine Johnson Councilmember Nancy Johnson Councilmember George Leage Councilmember Noah Smukler Councilmember STAFF: Susan Slayton Acting City Manager Anne Russell Interim City Attorney Jamie Boucher City Clerk Amy Christey Police Chief Steve Knuckles Fire Chief Joe Woods Recreation & Parks Director Eric Endersby Harbor Director Rob Livick Public Services Director Kathleen Wold Planning Manager Cindy Jacinth Associate Planner Rick Sauerwein Capital Projects Manager Barry Rands Associate Civil Engineer 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 – Interim City Attorney Anne Russell reported that with regards to the three Closed Session Items: 54956.9(d)(2), Conference with legal counsel – Anticipated Litigation; Government Code Section 54956.8: Property Transaction regarding Lease Site 30W- 33W, water lease adjacent to 201 Main Street; and, Government Code Section 54957(b)(1) Public Employment with regards to the Interim City Manager and Interim City Attorney; no reportable action under the Brown Act was taken. MAYOR AND COUNCILMEMBERS’ REPORTS, ANNOUNCEMENTS & PRESENTATIONS PUBLIC PRESENTATIONS Morro Bay High School ASB representative Mona Panchal, presented a summary of the high school’s activities. They have instigated some outreach programs which has provided money, food and clothes that was donated to the Pirate Plaza. The Teens Club, Asian Pacific Club and Key Club raised over $200 for Typhoon Haiyan in the Philippines. In December there was a AGENDA NO: A-3 MEETING DATE: 1/28/2014 2 MINUTES - MORRO BAY CITY COUNCIL – JANUARY 14, 2014 Week of Spirit to boost students for finals and get them prepared for the next semester; the HIT Boys’ Basketball Tournament was held; the boys football team and girls’ volleyball team participated in CIF playoffs; and, the CIT Wrestling Tournament was held this past weekend. Steve Mahr, Communications Manager with Community Health Centers (CHC) presented CHC’s response to the current health care needs of CHC patients due to the closure of the Morro Bay office. As of January 6th, CHC Morro Bay merged with their facility in San Luis Obispo. The last day for services was January 3rd. Patients were alerted to the move and all patient records have automatically transferred to the SLO Clinic. The goal of the merge is to reallocate resources assigned to the Morro Bay Clinic and apply them to the development of larger “super- centers” which should increase access and capacity for the iniflux of new users through the Affordable Care Act. These “super-centers” will soon be open 12 hours/day, 7 days/week. Another reason for the move was that the Morro Bay facility isn’t conducive for expanded access or increased patient capacity. Immediate benefits to Morro Bay residents include extended hours as well as the addition of pediatrics, chiropractic, lab and mental health. Transportation services will be offered to all Morro Bay patients in need. RTA bus passes will be provided by request; transportation will also be available by appointment using CHC’s in-house shuttle service. No changes will be made to pharmacy/prescription services. CHC has been in contact with Dr. John Headding who has offered to act as an “information access point” for information about the merge. Dr. Headding has agreed to distribute bus passes that can be redeemed by CHC patients. Passes will also be mailed directly to the patient’s homes if preferred. In closing, should new resources present themselves in the future, CHC would gladly consider re-establishing a health center in Morro Bay. Dr. John Headding, local Pharmacist, became concerned about access issues for Morro Bay residents. He feels this interm plan is being driven by the way people are being insured in our County/Country as a result of the Affordable Care Act. He has concerns about the interim plan which include the need for a 48 hour notice for door to door service. He wants to be a conduit with CHC regarding transportation. He supports the notion of “super-centers”. He asked the Council to consider asking CHC to come back to Council in 90 days with a status report of how the program is going. Michele Jacquez, Karin Moss and John Sorgenfrei provided Council with an accounting for the General and Assessment funds in the form of an “Annual Report”. Michele provided responses as to how the money is spent as well as demonstrated how they market and promote the City. Approximately 3/4ths of their funding comes from TBID assessment funds collected from the 33 Morro Bay hoteliers. She presented the Tourism Bureau’s 2014 Budget Summary which included numbers for the Visitor’s Center (to include the renovation expenditures), and the regional and destination marketing costs. They are currently accepting resume’s for a new Executive Director; Karin Moss is currently serving as the Interim Executive Director. The bureau functions mostly as an “in house” advertising agency supporting the Visitor Center, regional, destination marketing and local initiatives. They use outside advertising agencies to extend their reach beyond the regional market to engage destination clients. The Executive Director oversees all of these activities. The Visitor Center’s goal is to provide visitors with the information they need to make their visit memorable and want to return. They have seen over 10,000 visitors in the first 10 months at their new location; of those, 90% are day visitors or 3 MINUTES - MORRO BAY CITY COUNCIL – JANUARY 14, 2014 already have a place to stay; they are open 362 days a year at least 8 hours a day and are fully staffed. Regional marketing efforts are funded by $116,500 of general funds. Their regional marketing efforts’ goal is to increase visitors to Morro Bay within a day drive, destination visitors staying in other parts of the county and tourists passing through. The bureau’s in-house agency does this through strategy development, graphic and creative content development, media planning and buying, promotion development and execution, regional public relations, social media, website content, billboards, advertising and database development, and email marketing. Destination marketing is funded entirely by assessment funds. The goal of destination marketing is to increase the number of overnight visitors to Morro Bay. The bureau delegates this to an outside agency who provides brand design and development, out of area advertising, public relations, social media, internet advertising, website content, development and search engine optimization and internet marketing. The bureau’s accomplishments thru December 2013 include development of new revised budget; production of a new media plan for destination marketing; enhanced social media program; conducted an audit and analysis of the morrobay.org website; and, produced strong call to action creative with contest element. The end result is TOT numbers that continue to climb; the projected fy2014 TOT is $2,424,000 which represents an increase of 30% and is a cumulative $942,000 over budget since 2011. They think its working and ask Council for continued support. PUBLIC COMMENT Robert Davis, Melinda Elster and Taylor Newton introduced Morro Bay in Bloom, part of a national organization, America in Bloom. Their purpose is to get people working together for a beautiful Morro Bay. This is a multi-faceted program whereby they promote public art, historical heritage, and show people we have pride in our community and pride in each other. They work every Saturday morning and have adopted 3 areas – Morro Bay Library, Chamber of Commerce and Centennial Parkway. They encourage everybody to come out and help. Melinda shared some success stories with the Arroyo Grande in Bloom program. Taylor stated that here in Morro Bay, and across the nation, what builds communities are the people that live in them and the projects we work on together. When we have projects every weekend, those stories are what makes our community. Morro Bay in Bloom will allow us to nationally recognize what we are doing together as a community. Marlys McPherson spoke on behalf of the Morro Bay Winter Bird Festival. The 17th Annual Festival is being held starting this Friday and running through Monday, January 20th. There are 550 people registered. Family Day is being held on Saturday and the public is welcome. Robert Davis presented the Unmet Bike and Pedestrian Needs report that has been forwarded to SLOCOG. The items they feel deserve the most consideration include: tree root damage underneath the Class 1 multiuse trail from Main Street, past the high school to the Cloisters; look at the intersection at Main and Quintana, we need a safe way for bicyclists to enter and exit the bike path from this intersection; remove the fixed metal bollards that are placed in the center of the Class 1 bike paths with flexible delineator posts; provide more bike parking spaces; he thanked the Council for the Harborwalk extension and the new bridge across Morro Creek; for installing bike/ped lanes on San Jacinto to create a safe route to Del Mar School; for installing crosswalks on Atascadero Road near the high school to connect the north-south bike path; 4 MINUTES - MORRO BAY CITY COUNCIL – JANUARY 14, 2014 designating Beachcomber and Sandalwood as a Class III bikeway; and for developing a bike map. Ken Vesterfelt spoke representing the Morro Bay Car Show. He thanked the Morro Bay Tourism Bureau for supplying the $2,000 to bring the television show, My Classic Car, to Morro Bay. There is also a 3 page article in Car Craft Magazine on the Morro Bay Car Show. Lynda Merrill asked that in the future, the Morro Bay 50th Committee would include activities for children, picnics, fun houses, ice cream and cake for everyone. She hopes everybody would be invited. She also supports of Items B-1, B-2 and D-7. Linda Fidel thanked the Mayor and Council for their time and effort to make Morro Bay a lovely place. She’s been working with the Central Coast Circle of Friends and one of their activities is to feed people who are homeless or are in need of food. They are about to co-op with the food/meal program that is being started in Morro Bay. She hoped that the fee for the Vet’s Hall can be waived on Monday nights. Jennifer Ford, both as President of the Del Mar PTA and a parent, thanked the Mayor, Council and staff for eliminating parking on San Jacinto making it a much safer route as well as for the continued support of the school. Gary Hixon talked about his family, his u-tube video hits for 2014 and stated he is on his way up. He thanked everybody for their support. Sidney Symington, Priest at the Morro Bay Episcopal Church, is part of the food group feeding the hungry on Mondays at the Veteran’s Hall. The food group, a sub-group of EBAC, is charged with feeding the hungry here in Morro Bay. Their first effort was the initiation of the Monday meals, they are up and running and seems like it’s going to be a good thing. It is an alliance, many groups getting together creating a real cross section of the community. The group has requested Mr. Symington ask the Council to endorse their venture and assist in their efforts by waiving the fees of the room. Susan Stewart attended the wonderful event Saturday night, Morro Bay’s 50th Celebration. The food was fabulous and there was a lot of good energy generated. She presented a certificate of recognition from the California State Legislature, to the City in honor of the 1st City Councilmembers for their foresight and their commitment to the community of Morro Bay. She also announced the Business Forum being held at the Embarcadero Grill, Thursday from 9- 10am. The topic will be the Morro Bay Chamber – What do you want to see the Chamber doing for you? John Headding stated that the H1N1 virus is coming with a vengeance. The health community is predicting a significant outbreak within the next couple of weeks. He encouraged the public to get their flu shot; if you received the shot over 3 months ago, your immunities are down and you may need a new one; he challenged the Council to get their flu shot. He also thanked Nancy Johnson for her efforts at Saturday’s event. He then thanked Carla Wixom and George Leage for their wonderful food. 5 MINUTES - MORRO BAY CITY COUNCIL – JANUARY 14, 2014 Richard Sadowski stated that several years ago, he compiled a bunch of reports about the condition of the wastewater collection system in Morro Bay and then put out a rebuttal report on the nitrate issue on the Morro Basin drinking water aquifer. The staff and consultant concluded the majority of nitrates were coming from farming operations in the Morro Basin. He did an analysis and concluded its coming from sewage from Morro Bay and Cayucos. This issue will be revisited by Water Quality Board in the next couple of months and he urges staff and Council to look into it. At the last JPA meeting, Cayucos urged us to do a parallel analysis on the water reclamation facility and he urges us to stay the course on what our consultants are recommending. He is concerned that the CMC option uses our existing outfall. Finally, as a member of the Coast Alliance, he asked the City to look at the Chumash National Marine Sanctuary, work with the Surfriders and the Sierra Club in getting a Resolution to help support this historical event. Brad Snook stated the Chumash Heritage National Marine Sanctuary is a great opportunity for the City of Morro Bay and the County and is something we should all investigate and contribute to. He is thankful to the City in 2013 for their planning efforts on the water reclamation facility. All the workshops were well attended and very focused. There is a beach cleanup at the pit on Sunday, January 19th from 10am-noon. The Blue Water Task Force is doing water sampling and information is posted on their website. Dorothy Cutter commended the Mayor on the great direction he is now taking the City. She also urged the public to support Morro Bay in Bloom either in labor or in monetary donations. Betty Winholtz spoke on Items B-1 and B-2. She doesn’t feel that the Climate Action Plan (B-1) is ready to be passed this evening and urged the Council to look at bicyclist recommendations not in the plan. C3 and C4 have to do with solar, the solar policies could be stronger; you ask about making a list but that list needs to be prioritized and made into plans, not just lists; she felt that the hybrid car situation could be stated more strongly, if a car is replaced at the City that car needs to by hybrid or electric; regarding transportation and land use, she felt that the use of golf carts, which currently aren’t allowed outside of a 1 miles radius of the golf course, should be allowed which would reduce the footprint usage; regarding TL4 which says that reducing our requirements for parking reduces our need for cars is not a legitimate argument and should be taken out; there should be a restriction of mansionization; and the following 3 items need to be addressed in the document: the closing of the power plant; the water reclamation facility and its use of solar, methane or water; and, water reclamation as only conservation. She hopes this item will be continued. Regarding Item B-2, she was disappointed that there was no visual of the bridge in the staff report. Andrew Christey, Director of the Santa Lucia Chapter of the Sierra Club, said happy anniversary to the Council as it has been one year since the Coastal Commission helped set the City on the right path with their water reclamation facility. Congratulations on the letter received last month from the Coastal Commission staff commending you for being on the right course. It’s been a difficult year but they think it has strengthened your resolve. He thanked Council for doing right by coastal protection and water quality and bringing Morro Bay into the 21st century. 6 MINUTES - MORRO BAY CITY COUNCIL – JANUARY 14, 2014 David Nelson hopes the Council waives the fees for the food program; the City can well afford to give them a room. He feels staff is recycling their reports as there are too many mistakes and staff should be held to higher standard. Nancy Bast has regained hopefulness by the majority of the Council. She thanked Mayor Irons and Councilmembers Christine Johnson and Noah Smukler for their courageous actions. She feels that now everybody has a say. Barbara Doerr hopes that the Council will waive the fees for the Monday night meals. She also feels that golf carts can save a lot of energy by their usage. Jane Von Keohe appealed to the public to return her cane, it was her father’s and carries with it a lot of sentimental value. Janice Peters stated that the public is still looking for reasons for the dismissal of our City Manager and City Attorney. There were no stated complaints or charges against the City Manager or City Attorney which means no wrong doing by either of them. She questioned the reasoning for spending $30,000+ from an outside attorney to give them what they were due. Through this long drawn out process, she kept waiting for any of the 3 Councilmembers to recognize the City Manager’s and City Attorney’s dedication and service and maybe say thank you. The lack of words that the 3 Councilmembers provided during this whole process has been very disappointing and she expected better. Barry Branin requested that Council consider opening up one of the wi-fi channels for the audience at the Morro Bay Vet’s Hall. All of the minutes and agendas are paperless so if you came to the meeting, you aren’t able to follow along. So that it’s not abused, maybe give out a new password each night. He also commended the Council for initiating transparent lease negotiations. Carla Wixom thanked Joe Woods for the 4 teens that helped out at the Morro Bay 50th event, they cleaned up and set up and were there until the very end. They should be commended as they did a wonderful job. The Morro Bay 50th was a grass roots effort started 6 months ago with a diverse make-up of members. It was a fundraiser with those donating most of what they provided. She hopes people will continue to attend future events. The Public Comment period was closed. 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 MINUTES FOR THE SPECIAL CLOSED SESSION CITY COUNCIL MEETING HELD ON SEPTEMBER 12, 2013; (ADMINISTRATION) RECOMMENDATION: Approve as submitted. 7 MINUTES - MORRO BAY CITY COUNCIL – JANUARY 14, 2014 A-2 APPROVAL OF MINUTES FOR THE REGULAR CITY COUNCIL MEETING HELD ON SEPTEMBER 24, 2013; (ADMINISTRATION) RECOMMENDATION: Approve as submitted. A-3 APPROVAL OF MINUTES FOR THE SPECIAL CLOSED SESSION CITY COUNCIL MEETING HELD ON DECEMBER 10, 2013; (ADMINISTRATION) RECOMMENDATION: Approve as submitted. A-4 APPROVAL OF MINUTES FOR THE REGULAR CITY COUNCIL MEETING HELD ON DECEMBER 10, 2013; (ADMINISTRATION) RECOMMENDATION: Approve as submitted. A-5 APPROVAL OF MINUTES FOR THE SPECIAL CLOSED SESSION CITY COUNCIL MEETING HELD ON DECEMBER 12, 2013; (ADMINISTRATION) RECOMMENDATION: Approve as submitted. A-6 STATUS OF STATE PARK MARINA OPERATING AGREEMENT AS IT RELATES TO CITY OPERATIONS AND MANAGEMENT OF THE MARINA INCLUDING MARINA DREDGING AND RENOVATION; (HARBOR) RECOMMENDATION: Receive and file, this is an informational item only. A-7 RESOLUTION NO. 04-14 ADOPTING THE AGREEMENT WITH THE MORRO BAY MANAGEMENT EMPLOYEES AND RELATED COMPENSATION; (ADMINISTRATIVE SERVICES) RECOMMENDATION: Adopt Resolution No. 04-14, approving the Agreement with the Morro Bay Management Employees. A-8 ANNUAL REPORT ON UNFUNDED LIABILITIES IN VACATION AND SICK LEAVE ACCRUALS; (ADMINISTRATIVE SERVICES) RECOMMENDATION: Receive and file; informational item only. A-9 AUTHORIZATION TO FILE NOTICE OF COMPLETION FOR THE 2012 WATER TREATMENT PLANT IMPROVEMENTS – PHASE 1 (MB-2012-W1); (PUBLIC SERVICES) RECOMMENDATION: Authorize staff to file a Notice of Completion for the 2012 Water Treatment Plant Improvements – Phase 1 (MB-2012-W1). 8 MINUTES - MORRO BAY CITY COUNCIL – JANUARY 14, 2014 A-10 APPROVAL OF RESOLUTION NO. 01-14 RESCINDING RESOLUTION 57-13 (RELATING TO 2783 CORAL AVENUE IN MORRO BAY, CALIFORNIA); (CITY ATTORNEY) RECOMMENDATION: Adopt Resolution 01-14 rescinding Resolution 57-13. A-11 RESOLUTION NO. 02-14 AUTHORIZING THE CITY OF MORRO BAY TO ENTER INTO 2014/2016 ABANDONED WATERCRAFT ABATEMENT FUND CONTRACT WITH THE DIVISION OF BOATING AND WATERWAYS; (HARBOR) RECOMMENDATION: Adopt Resolution 02-14. A-12 RESOLUTION NO. 03-14 AUTHORIZING THE CITY OF MORRO BAY TO ENTER INTO 2014/2016 VESSEL TURN-IN PROGRAM FUND CONTRACT WITH THE DIVISION OF BOATING AND WATERWAYS; (HARBOR) RECOMMENDATION: Adopt Resolution 03-14. A-13 RESOLUTION NO. 05-14 ADOPTING THE MEMORANDUM OF UNDERSTANDING WITH THE MORRO BAY POLICE EMPLOYEES AND RELATED COMPENSATION; (ADMINISTRATIVE SERVICES) RECOMMENDATION: Adopt Resolution No. 05-14, approving the Memorandum of Understanding with the Morro Bay Peace Officers Association. Mayor Irons opened up the public comment period for items on the Consent Calendar. Janice Peters spoke on Item A-1; Approval of the Minutes for the September 12, 2013 Special Closed Session Meeting. Due to the aura of suspicion created by the hearing to discuss the termination of Rob and Andrea, it is important that we have in the minutes that the Mayor did state that there were no complaints or charges and that they had waived their right of confidentiality because they wanted the ability to refute any claims or charges that may have been leveled against them. To not include that in the minutes is a big mistake. Barbara Doerr stated that since it’s the minutes of a closed session, she wanted it made clear that these are private personnel matters, nothing can be disclosed about why the City Manager or City Attorney were removed; it’s time to move forward. Carla Wixom also spoke on Item A-1. Mayor Irons stated 6 times that there were no charges or complaints prior to going to closed session, it was stated and should remain in the minutes. David Nelson stated that it is a closed session personnel item and that Council has the right to say no comment. The public comment period for the Consent Calendar was closed. 9 MINUTES - MORRO BAY CITY COUNCIL – JANUARY 14, 2014 Mayor Irons pulled Items A-1, A-6, A-9 and A-10. Councilmember Nancy Johnson pulled Item A-2. MOTION: Councilmember Christine Johnson moved the City Council approve Items A-3, A-4, A-5, A-7, A-8, A-11, A-12 and A-13 of the Consent Calendar as presented. The motion was seconded by Councilmember Smukler and carried unanimously 5-0. A-1 APPROVAL OF MINUTES FOR THE SPECIAL CLOSED SESSION CITY COUNCIL MEETING HELD ON SEPTEMBER 12, 2013; (ADMINISTRATION) Mayor Irons pulled this item. MOTION: Mayor Irons move to approve the September 12, 2013 Special Closed Session City Council minutes as presented. The motion was seconded by Councilmember Smukler. Councilmember Nancy Johnson stated this is a very important issue, there were no charges or complaints presented, why was the statement crossed out. Interim City Attorney Anne Russell explained that she and the City Clerk had a discussion months ago and neither of them can recall why the phrase was crossed out. Mayor Irons had thought he had motioned to approve the minutes as originally submitted back at the September 24,, 2013 meeting hoping to keep the “crossed out phrase” in the document. MOTION: Mayor Irons rescinded his original motion. The motion was seconded by Councilmember Smukler and carried unanimously 5-0. MOTION: Mayor Irons moved approval of the September 12, 2013 Special Closed Session City Council minutes as originally stated without the redaction; as they were originally written. The motion was seconded by Councilmember Smukler and carried unanimously 5-0. A-2 APPROVAL OF MINUTES FOR THE REGULAR CITY COUNCIL MEETING HELD ON SEPTEMBER 24, 2013; (ADMINISTRATION) Councilmember Nancy Johnson pulled this item stating that in Item A-7 of those minutes, it was stated that obtaining legal counsel was the path to why. She asked Mayor Irons if he was going to tell us why. MOTION: Mayor Irons moved approval of the September 24, 2013 City Council minutes as presented. The motion was seconded by Councilmember Smukler and carried unanimously 3-2 with Councilmembers Nancy Johnson and Leage voting no. A-6 STATUS OF STATE PARK MARINA OPERATING AGREEMENT AS IT RELATES TO CITY OPERATIONS AND MANAGEMENT OF THE MARINA INCLUDING MARINA DREDGING AND RENOVATION; (HARBOR) 10 MINUTES - MORRO BAY CITY COUNCIL – JANUARY 14, 2014 Mayor Irons pulled this item in an effort to have staff revisit this at the Harbor Advisory Board level in 6 months and then 12 months and return to Council with a status each time. MOTION: Councilmember Smukler moved approval of Item A-6 with a request to bring this item back in 6 months and 12 months with the Harbor Advisory Boards discussion and status. The motion was seconded by Councilmember Christine Johnson and carried unanimously 5-0. A-9 AUTHORIZATION TO FILE NOTICE OF COMPLETION FOR THE 2012 WATER TREATMENT PLANT IMPROVEMENTS – PHASE 1 (MB-2012-W1); (PUBLIC SERVICES) Mayor Irons pulled this item so that Public Services Director Rob Livick could give a brief explanation of the $32,000 overage. Mr. Livick stated that there were 13 change orders and that the cost of the project was still within the budgeted amount. MOTION: Mayor Irons moved approval of Item A-9, authorization to file a Notice of Completion for the 2012 Water Treatment Plant improvements – Phase 1. The motion was seconded by Councilmember Smukler and carried unanimously 5-0. A-10 APPROVAL OF RESOLUTION NO. 01-14 RESCINDING RESOLUTION 57-13 (RELATING TO 2783 CORAL AVENUE IN MORRO BAY, CALIFORNIA); (CITY ATTORNEY) Mayor Irons requested Interim City Attorney Anne Russell give a brief explanation as to why this Resolution was being rescinded. Ms. Russell stated that the Council approved a purchase agreement to sell this property and one of the requirements was for the Council to confirm in open session that the tentative map was valid. She requested that the Planning Commission determine the project was consistent with the General Plan. In the course of that, the Public Services Department became aware there was a problem because in the process of approving the Cloisters development, the residential density had been transferred from all of the properties to just 120 residential lots. This lot has subsequently been subdivided into 6 lots but there is no residential density left in the project. The California Coastal Commission feels that all of the residential density has been removed from this property and both a local coastal plan amendment and a coastal development plan amendment are required before it is sold for residential purposes. MOTION: Mayor Irons moved approval of Item A-10, approval of Resolution 01-14, rescinding Resolution 57-13. The motion was seconded by Councilmember Leage and carried unanimously 5-0. B. PUBLIC HEARINGS B-1 ADOPTION OF THE CITY OF MORRO BAY’S CLIMATE ACTION PLAN (CAP); (PUBLIC SERVICES) Planning Manager Kathleen Wold presented the staff report. 11 MINUTES - MORRO BAY CITY COUNCIL – JANUARY 14, 2014 Richard Dalton, Principal with Rincon Consultants, presented a power point presentation on the City’s proposed Climate Act Plan. He provided highlighted background, the CAP’s purpose of the plan, the CAP’s content, the CAP development process we went through, GHG emissions and reduction targets, key reduction strategies used to meet the target as well as the implementation process. AB 32 is the law that codified the targets we are trying to achieve with this plan which is to hit 1990 GHG levels by the year 2020. AB 32 also created a scoping plan which was the state’s plan to reduce its own emissions. This plan only looks at the items the City has discretionary authority over or controls directly through their facilities. This is the City doing its part of the large California strategy. This CAP is part of a larger coordinated effort with APCD, SLOCOG, Arroyo Grande, Atascadero, Grover Beach, Paso Robles, Pismo Beach, City of San Luis Obispo, County of San Luis Obispo and Morro Bay to collaboratively work towards reducing GHG’s and address climate change. The CAP provides a road map for cost effectively reducing Morro Bay’s GHG emissions and hitting those AB 32 targets. It also provides CEQA streamlining benefits. The CAP is a long range plan to reduce GHG emission impacts and identifies GHG emissions from municipal operations and the community as a whole; GHG reduction targets; measures and actions to reduce GHG’s and meet the target, potential costs, savings; and, GHG reduction and implementation and monitoring steps. The plan development process recommended by the State was developed as follows: GHG inventory update; GAP analysis and establish target; ongoing public input; GHG measurement evaluation toolbox; adaptation planning; create City CAP; and CEQA review. Mr. Dalton spoke to the City’s GHG emissions inventory stating that in 2005, transportation accounted for 40%, commercial/industrial 21%, residential 29%, off road 5%, waste 5% and wastewater under 1% of the total emissions. The baseline numbers was moved to the year 2005 as that is a time period that was measurable (1990 was not). Mr. Dalton spoke to the development of the plan measures which included identifying opportunities, building on existing efforts, reviewing best practices from other jurisdictions and receiving community input; evaluating GHG reduction potential, costs, savings and funding resources; gathering input from decision makers and the community; and, implementing and monitoring procedures. The key measures to the CAP include incentivizing energy efficiency and use of renewable energy; promoting alternative transportation modes, encouraging infill, mixed use, and higher density development in key areas; facilitating use of low and zero emission vehicles and equipment; increasing solid waste diversion; and, tree planting. Mr. Dalton finished with implementation and monitoring tactics. The program will largely be implemented through existing programs, practices, City staff and/or outside resources. Many of the measures will result in long term cost savings. City staff will monitor and report on the performance of individual measures and the CAP as a whole on a regular basis to ensure you are still on target for meeting those State standards. Mayor Irons opened up the public comment period for Item B-1. David Nelson felt that there were many items in the plan that shouldn’t be there. For example, Dynegy is closing which should be reflected in the report and should be addressed before we adopt it. We will also be moving the sewer plant which will also produce different numbers. Barbara Doerr stated that it is wonderful that we are doing this. However, after reviewing it, factual information is not included. The Morro Bay Power Plant closure should be in the document before it is approved. Reference to the once thru cooling regulations are not discussed 12 MINUTES - MORRO BAY CITY COUNCIL – JANUARY 14, 2014 in the report, they can no longer use this process which should also be included. PG&E and So Cal Gas both provided usage for residential and commercial/industrial areas however the CAP doesn’t isolate that amount of usage by the power plant and when its done and gone, how much it’s going to save the City – this too should be included in the report. The projections forecast for the commercial/industrial shows in increate of 18% in emissions and the residential sector a reduction of -1%; this is a critical area that should be specifically identified. The Wastewater Treatment Plant shouldn’t be in there appearing to be one of your future goals. The plan references an all age dial-a-ride system and we don’t have one anymore. The public comment period for Item B-1 was closed. Councilmember Smukler stated that overall it’s a really good start and an exciting plan. He has some concerns about language; for example with the WWTP/WRF, the area that is talking about relocation, we need to recognize that commitment in the document - Page 4-6, under adaptation some clarity would be preferred. Public Services Director Rob Livick suggested the following language: “develop mitigation plans for the relocation of the wwtp/wrf consistent with the state’s sea-level rise policies and climate change documents and consistency with the LCP and Coastal Act.” Councilmember Smukler wanted to ensure that the entire Council was amenable to suggested changes but feels that there are some areas that need firmed up and addressed. He was hopeful those areas could be brought up and staff come up with acceptable language amendments. Other areas of concern to him include encouraging the use of electric vehicles and golf carts. Mr. Livick stated that the prior language about the wwtp is more about policy and needed while the encouragement of electric vehicles is more about implementation. Councilmember Smukler called for further work on the action plan and implementation document and revisit the goal resolution that has got us to this point as well as the milestones which will help us get into more of the nuts and bolts about the implementation side; ie: the CAP coordinator, progress report, etc. Councilmember Nancy Johnson stated most of her comments are on the implementation stage so she will save them. Councilmember Christine Johnson stated that based on what we have now, we need to move forward and look towards the implementation phase. Mayor Irons asked about the implementation timeline after tonight. Ms. Wold stated that some processes need to take place - the City will have to have a coordinator to ensure things are placed on the website, to ensure that as people apply for business licenses or permits, they are informed of the encouraging elements of the CAP. As far as the major community outreach or education, we will all be working together. The idea is that the implementation shouldn’t be a burden on staff or monies. Staff could bring back periodic updates. Mayor Irons reiterated that this isn’t a regulated document. Councilmember Smukler reviewed the waste management side and wanted to ensure that it included organics. We have talked about trying to develop an energy neutral wastewater treatment system and wondered if it would it be beneficial to try and weave some of that 13 MINUTES - MORRO BAY CITY COUNCIL – JANUARY 14, 2014 language into the document. Mr. Livick said it could but would leave it to Council; although he does see it as more project specific. Mr. Livick recapped: section 4-6 regarding the WWTP, we would make that change so that it is consistent with current City policy and so it conforms with the State’s climate change guidelines and sea-level rise documents. MOTION: Councilmember Smukler moved adoption of Resolution 06-14, making the necessary findings for the adoption of the Climate Action Plan with adjustments as suggested to the WRF/WWTP relocation as well as to ask staff to provide updates on the progress and to bring back a revistiation of the goal resolution and milestone documents as part of the implementation effort. The motion was seconded by Mayor Irons and carried unanimously 5-0. B-2 CONDITIONAL USE PERMIT (#UP0-371) - THE MORRO CREEK MULTI-USE TRAIL AND BRIDGE PROJECT; (PUBLIC SERVICES) Planning Manager Kathleen Wold presented the staff report. Mike Sherrod with RRM, presented a power point presentation focusing on the project’s 3 major components – pedestrian boardwalk, class 1 bike path, and the bridge over Morro Creek. He provided the multi-use trail alignment which includes a 6’-8’ boardwalk, a 2’ bioswale, a 12’ bike path, a 2’ shoulder and 20’ road width along the Embarcadero extension. This will also provide some overlooks to include seating and interpretive panels as well as some beach access points. He also provided materials being used for the bike path (asphalt), boardwalk (stamped concrete), bike racks (stainless steel), stone seawalls and nautical themed boulders and pier pilings and interpretive elements. The bridge itself will be 130 feet long, and is called a thru truss structure which has a low profile and is a light structure. It will provide for emergency response traffic but no daily traffic. Also included were views of the bridge from before and after the project to provide conceptual views. Richard Dalton with Rincon provided the environmental analysis. The California Environmental Quality Act (CEQA) is required for local action – the City is the lead agency; and the National Environmental Policy Act (NEPA) is the document required due to the need for federal funding – Caltrans is the lead agency. There were technical studies required for both CEQA and NEPA analysis that included a natural environment study (NES), a biological assessment (BA), wetland delineation, and an archaeological survey report. The key results of the biological resources assessment show that the proposed bridge is free span and avoids direct impacts to the Morro Creek Channel; there were no listed plant or animal species identified during the surveys; there is sensitive habitat; and, there is potential for species occurrences. Mitigation measures for potential impacts include avoidance and minimizations, pre-construction surveys and relocation, construction personnel training, construction monitoring and habitat restoration. It was determined that all project environmental impacts are either less than significant or can be mitigated below a level of significance. Mayor Irons opened up the public comment period for Item B-2. 14 MINUTES - MORRO BAY CITY COUNCIL – JANUARY 14, 2014 David Nelson stated that Duke tried to do this and their mitigation was pretty staggering. He feels the consultant is making light of the sensitive habitat there and the creatures that might be endangered and urges us to keep our eyes open on that. Dan Rivoire, Executive Director of the SLO County Bicycle Coalition stated that their organization strongly supports the Morro Creek Multi-use Trail and Bridge project and asks that the Council adopt Resolution 07-14 approving conditional use and construction permits. Their efforts to improve transportation infrastructure are motivated directly by the needs and wants of local citizens and the Morro Creek Bridge project is a direct response to these needs. It will prove a direct and positive impact to the community through improved active transportation access. On a local level, establishing a safe and convenient bicycle and pedestrian connection between the northern part of Morro Bay, the high school, Embarcadero and downtown will reduce gaps in the system and will allow residents the ability to use walking and biking for everyday transportation. Amy Burton is thrilled to see the bridge on the agenda for the first City Council meeting of the new year. She is in support of the bridge as it will provide a safer and more enjoyable connection of North Morro Bay to the Embarcadero for our pedestrians and cyclists. She urges approval of the CUP so this valuable project can move forward. People currently trample across that area now, by building the bridge, it will better protect our environment. Geiska Baker Velasquez of SLOCOG is pleased to see this project move forward. SLOCOG want to support the CUP with grants and this deadline is a hard and fast one. This project has been envisioned for 7 years and was a high priority in the scenic byway plan and a high priority in the bike plan and we strongly encourage its approval. Abbie Diodati has seen first-hand the desire and need for the proposed bridge. This will literally bridge our community providing an enjoyable and safe route from North Morro Bay to the Embarcadero. Barbara Doerr enthusiastically supports your efforts tonight in completing the trail and bridge and urges a vote of yes as we need to get the grant. She had some questions: does the project preclude the extension of Embarcadero Road across the creek in the future? Does the City currently own road right of way for future extension of Embarcadero Road to connect the north and south ends of the community? Is there any way to proceed with the project without using Dynegy land? The public comment period for Item B-2 was closed. Councilmember Nancy Johnson has been a proponent of this project for years. She wondered if the bridge would be strong enough and will Dynegy be allowed to use the facility to take their stuff out of town as opposed to taking their things through the City. She likes the Harborwalk decking surface better than the proposed stamped concrete. She hopes that we are not planting or restoring ice plant anywhere. 15 MINUTES - MORRO BAY CITY COUNCIL – JANUARY 14, 2014 Councilmember Smukler feels that the revetment and 100 year flood plus sea level rise scenarios have been recognized and addressed to the best extent possible. Councilmember Leage wondered if Dynegy could put some money towards the project which could make the bridge bigger and stronger so they could use it for removal and we would get additional funding. Councilmember Christine Johnson stated that if we had to make concessions for Dynegy to remove their items, it would be a temporary situation and it wouldn’t be a regular re-occurring use. The load has been increased to ensure its stable for emergency vehicles which is a benefit to the community should the need arise. She asked if we are fully funded for the project as it is designed today. Mr. Livick stated that based on current estimates, we probably couldn’t build the project with the funding that we have so will look at permitting the entire project but there are certain components that don’t have to be built with the initial construction. The bridge itself and the connecting pathways will have the highest priority. Mayor Irons is concerned with the lighting issue; he feels we need additional pedestrian lighting to ensure it is a safe trail. He wants to see appropriate lighting for safe travel from Coleman to the other side of the bridge. He doesn’t want to see this derail the project but wants to do what we can in an effort to assure safety. Mr. Livick and Mr. Dalton both stated that allowing for low level, pedestrian scale type lighting wouldn’t necessitate recirculation of the document. There should be some kind of documentation that supports that there wouldn’t be an impact which can be prepared but would require it to come back to a future meeting. Councilmember Nancy Johnson has questions on the map - BR-1; the 100 year flood elevation on the project plans does not jive with the 100 year flood elevation depicted in the flood hazard analysis prepared for the waste water treatment plant in 2009. That analysis depicts the elevation at the proposed bridge location at approximate 18.5 feet. The project plans indicate 15.81 feet. As there are federal funds involved, the bridge must comply with federal regulations to be eligible for additional funding. The proposed new bridge must be 1 foot above the 100 year flood elevation to get the money. Public Works needs to verify this before asking City Council for its blessing on this bridge. This proposed bridge is designed too low and the engineer needs to recalculate the flow before using these numbers. Associate Civil Engineer Barry Rands stated that the analysis he did for bridge was done at the bridge location and the water surface drops very rapidly through that reach. His analysis was peer reviewed and was used to modify the flood plain and FEMA map was redone based on the evaluation done for the waste water treatment plant. It shows a much lower elevation at the bridge location. He stated that if there were an event there would be a split where a large portion of water will flow to the north by Lila Keiser and Atascadero Road and the existing wastewater treatment plant and another portion would go to the south through the existing power plant. What’s left in the creek would be approximately 5000 cubic feet and that flows at an elevation much lower than 18 feet. 16 MINUTES - MORRO BAY CITY COUNCIL – JANUARY 14, 2014 Rick Sauerwein, Capital Project Manager provided Council with replacement verbiage of Planning Condition #1 of the Resolution – “applicant shall coordinate with regulatory agencies as necessary to provide a minimum level of lighting along the path to assure basic safety and security of the public. Said lighting will be no higher than 4’ from the ground surface and shielded to prevent impacts to the visual beauty of the night skyline.” MOTION: Mayor Irons moved approval of Resolution 07-14, the Morro Creek Multi- Use Trail and Bridge Project and associated negative declaration approving Conditional Use Permit #UPO-371 with the elimination of Planning Condition #1, “no new lighting shall be installed beyond that which currently exists” and replace it with the following language – “applicant shall coordinate with regulatory agencies as necessary to provide a minimum level of lighting along the path to assure basic safety and security of the public. Said lighting will be no higher than 4’ from the ground surface and shielded to prevent impacts to the visual beauty of the night skyline.” The motion was seconded by Councilmember Leage and passed 4-1 with Councilmember Nancy Johnson voting no. C. UNFINISHED BUSINESS - NONE D. NEW BUSINESS D-1 CONSIDERATION OF PROPOSAL SUBMITTED BY VIRG’S SPORTFISHING IN RESPONSE TO REQUEST FOR PROPOSALS MB-2013-HRFP2 TO DEVELOP VACANT LEASE SITE 107W-108W; (HARBOR) Councilmember Leage stepped down as his property located within 500 feet of the proposed project. Harbor Director Eric Endersby presented the staff report. Cathy Novak, representing Virg’s on the project, spoke on the conceptual project, on the comments from the Harbor Advisory Board and the criteria that staff had set to evaluate this proposal. Virg’s proposes to construct a new building and floating dock and relocate Virg’s Fishing back to the waterfront. This site was selected to minimize any impcts to the main retail area located to the south. This site also has had traditional uses with both commercial fishing and sport fishing operations. Their project will be 1450 square feet and will include a tackle shop, ADA restrooms, an office, rental pole, storage and a 250 square foot public waiting dock. The proposed building will be 17 feet in height above the South T-Pier which will minimize any impacts to the view shed. This project also includes a 60 foot long by 8 foot wide side tie dock with a gangway to the South T-Pier. There has been discussion of a possible problem with the accessibility to the hoist at the end of the pier and loss of tie up space at the T-pier. They believe they have mitigated those problems and to date have yet to hear any issues raised by the fishermen. One space will be lost at the pier. With regards to comments made about this location as a possible boat haul out location; they believe that the project as proposed, will leave enough room to accommodate a travel lift as well as their project. They feel that this proposed use by Virg’s is consistent with the type of development the City has supported under Measure D. They realize that if the project for this lease is accepted, an eelgrass survey done by a 17 MINUTES - MORRO BAY CITY COUNCIL – JANUARY 14, 2014 qualified biologist will need to be done. They also feel that this smaller footprint and proposed amenities will provide a quality design that fits within the area. She stressed this project includes a lengthy list of green building techniques and they plan to integrate as many green building and energy efficient uses as feasible. They also feel that they would like to continue on with the Virg’s legacy started in the 1050’s and as such, their commitment to this in addition to the cost associated with this development warrants a long term lease. Regarding parking, there has been historical sportfishing at this location so as far as parking goes, the City has always credited historical parking spaces – there would only be one in this case. With one boat and the tackle shop, they would be looking at needing 9 parking spaces. The zoning ordinance allows parking within 600 feet so the parking lot at the triangle parking lot at the power plant could qualify for parking. With these boats already operating at GAFCO, there are no new impacts for parking from the boats because the boats are already operating down there. The public comment period for Item D-1 was opened. Dana McLish, a Harbor Advisory Board member as well as a chair of the boat haul-out ad-hoc sub-committee stated it has been his job to review the proposal of the development for Virg’s Fishing. The Harbor Advisory Board felt the basic criteria of the project, fit the lease site. In the proposal it stated that there was room for a boat haul-out facility in the southern portion of the 2 sites but unfortunately that doesn’t work. For ease of hauling and launching of vessels, the area and pathway needed for the travel lift requires a diagonal configuration from shore. This angle will also reduce significant loss of parking. Of the 3 haul out sites presented, this site is the most feasible at this time. He thinks the site needs to be looked at more thoroughly before moving forward with this item. Barbara Doerr feels this item should be referred back to staff and the Harbor Advisory Board for further consideration. You might be giving away your last spot for your needed boat haul-out facility She feels there are parking issues, she feels there needs to be a 12 space requirement. She also feels you need a written legal opinion prepared to show compliance with Measure D. She hopes Council does not act on this tonight. David Nelson agrees with the last 2 speakers as parking is a big concern. The haul-out has been simmering for a long time. He asked about the triangle property as a haul-out spot, then this is the location for it. The public comment period for Item D-1 was closed. Councilmember Christine Johnson thanked Virg’s for a thoughtful project with good design. Unfortunately the project conflicts with the City’s Goal #7, Improve City Infrastructure; Key Task F) Continue to work on boat haul-out. This project and that goal doesn’t balance for her. Her two main concerns for the project are – are we seriously considering a boat haul out and if so, this is very likely the best spot; and we need to consider focusing on Measure D and ensuring a project follows its intent. 18 MINUTES - MORRO BAY CITY COUNCIL – JANUARY 14, 2014 MOTION: Mayor Irons moved to continue the meeting past 11:00pm. The motion was seconded by Councilmember Nancy Johnson and carried 4-0-1 with Councilmember Leage being recused from this item. Councilmember Nancy Johnson felt that before we get any further discussion on parking, Public Services needs to do some research what the arrangement was. She also would like to know if there is enough room for Virg’s and the boat haul out facility – both Ms. Novak and Mr. Endersby felt so. Along the terms of the boat haul-out, why didn’t the sub-committee answer the RFP and say that’s where we want to put the boat haul-out. Mayor Irons stated there may have been some disconnect on timing with the RFP going out and the discussion about the boat haul-out facility. He isn’t sure if the sub-committee was even formed when the RFP was sent out. It’s important to vet out the boat haul-out facility completely before moving forward with a project – it would be only fair to the applicant. With momentum with the boat haul-out, its definitely worth a second look. Councilmember Smukler is uncomfortable with the timing as well as the boat haul-out having now gained some momentum. He feels we need to prioritize the boat haul-out and give the committee more time to evaluate if this is the best location. He’d like to support that process before moving forward with this proposal. Mayor Irons stated that we have consensus to vet the haul-out facility; and to keep the proposed project as a possibility for this site. There is also consensus to send this back to the Harbor Advisory Board. There is also a question as to whether or not there are funds available to look this location with a consultant. Mr. Endersby believes there is $50,000 in the budget that could be used for this. The public comment period for Item D-1 was reopened. Dana McLish stated that he felt the ad-hoc committee could provide a presentation at the March Harbor Advisory Board meeting followed by a presentation to Council. He did say that things are up in the air somewhat due to questions about the power plant property. The public comment period for Item D-1 was closed. MOTION: Councilmember Smukler moved that Council recognize Virg’s proposal, but prioritize the boat haul-out facility as a priority in that area and support the Harbor Advisory Board’s Ad-hoc Committee on the haul-out to continue their evaluation on that site and report back to the Council with a plan moving forward by April 2014. The motion was seconded by Councilmember Christine Johnson and carried unanimously 3- 1-1 with Councilmember Nancy Johnson voting no and Councilmember Leage having recused himself. Councilmember Nancy Johnson stated that at this point, a discussion of a boat haul-out facility at this location is too tentative; and we have before us a viable proposal that she will be supporting. 19 MINUTES - MORRO BAY CITY COUNCIL – JANUARY 14, 2014 D-2 DEFERRAL OF DYNEGY COMMUNITY DEVELOPMENT FUND PAYMENT; (CITY ATTORNEY) Interim City Attorney Anne Russell presented the staff report. The public comment period for Item D-2 was opened. David Nelson is totally against this without something coming to the City. As of today, we still don’t’ own the triangle property which we should have gotten back in November 2013. There is no reason not to have them pay; or at least have them give us something for the deferral. Barbara Doerr stated we have a land use emergency situation with the closure of the power plant. Good land use planning and the reuse of the power plant site is the best opportunity to require land dedications for public purposes of the power plant site. She questioned the City’s ability to hold a closed session without specific parcels listed to be required in lieu of their payment. If you have a list of dream parcels to acquire, you should hold public hearings. She questions: if they don’t pay the $525,000 to the City, aren’t they in default? And is agreement then terminated? Stand firm on the agreement and find out what your legal rights are. First and foremost, get your general plan update and get a plan for reuse. The public comment period for item D-2 was closed. Councilmember Leage feels this is to our advantage because it allows us to look into what property we want to ask for or about. Councilmember Christine Johnson thinks this is early enough in the process and this is an opportunity for us to do some negotiating. MOTION: Mayor Irons moved to follow staff’s recommendation to defer Dynegy’s Community Fund payment to March 14, 2104 together with a waiver of any applicable late fees or default claims related to the deferral. The motion was seconded by Councilmember Christine Johnson and carried unanimously 5-0. D-3 DISCUSSION AND CONSIDERATION OF HIRING A CONSULTANT TO HELP DEVELOP FUNDING SOURCES FOR WATER RECLAMATION FACILITY OPPORTUNITIES; (ADMINISTRATION) MOTION: Mayor Irons moved to continue Item D-3 to a future meeting. The motion was seconded by Councilmember Leage and carried unanimously 5-0. D-4 APPROVAL OF THE 2014/15 BUDGET CALENDAR; (ADMINISTRATIVE SERVICES) Acting City Manager Susan Slayton presented the staff report. 20 MINUTES - MORRO BAY CITY COUNCIL – JANUARY 14, 2014 MOTION: Mayor Irons moved approval of the 2014/15 Budget Calendar to include the addition of a Goal Setting Review to be held on March 11, 2014 prior to the Council meeting. The motion was seconded by Councilmember Nancy Johnson and carried unanimously 5-0. D-5 DISCUSSION OF RECRUITMENT FOR CITY MANAGER AND AWARD OF CONTRACT TO RECRUITMENT FIRM; (ADMINISTRATIVE SERVICES) Acting City Manager Susan Slayton presented the staff report. Councilmember Smukler felt it important to wait on making a decision until we get an Interim City Manager on board to help determine if this is the most effective way to proceed. Councilmembers Nancy Johnson and Leage concurred. Councilmember Christine Johnson wanted to discuss the firms, select one and then talk about timing. She feels we might be getting behind the eight ball if we wait. Mayor Irons is in favor of moving forward on this tonight in discussing and selecting a firm. MOTION: Councilmember Smukler moved to postpone the discussion of the recruitment for a City Manager and award of a contract to a recruitment firm until we have an Interim City Manager on board. The motion was seconded by Councilmember Nancy Johnson and carried 4-1 with Mayor Irons voting no. D-6 CITY COUNCIL ANNUAL MEETING SCHEDULE - 2014; (ADMINISTRATION) Acting City Manager Susan Slayton presented the staff report. Mayor Irons wanted to discuss moving the Council meetings from the 2nd and 4th Tuesdays to the 1st and 3rd Tuesdays and swap with the Planning Commission. This way there won’t be the need to cancel the meeting in late November and late December. Councilmember Smukler stated that from experience, changing meeting dates will bring up unforeseen challenges; for example, AGP and other Advisory Board meetings. It is an interesting concept but might be bigger than it seems on the surface. Councilmember Nancy Johnson doesn’t see any real reason to cancel the 2nd meeting in July. The cancellation of the November and December meetings work well with the holiday plans. Councilmember Christine Johnson reiterated Interim City Attorney Anne Russell’s response that the RFP’s for the City Attorney’s services requested asked for availability on the 2nd and 4th Tuesdays and that is a concern for her. There was a request of staff to ask the Planning Commissioners and AGP if they were able to make a change in schedule. 21 MINUTES - MORRO BAY CITY COUNCIL – JANUARY 14, 2014 MOTION: Mayor Irons moved to continue this item to the next meeting bringing back the requested information. The motion was seconded by Councilmember Nancy Johnson and carried unanimously 5-0. D-7 APPOINTMENT OF VICE-MAYOR AND APPOINTMENT OF REPRESENTATIVES ON DISCRETIONARY BOARDS, COUNCIL LIAISON ASSIGNMENTS AND COUNCIL SUB-COMMITTEES; (MAYOR) Mayor Irons stated that per the Council Policies and Procedures, Councilmember Christine Johnson is appointed Vice Mayor. MOTION: Councilmember Nancy Johnson moved to appoint Councilmember Christine Johnson as Vice Mayor. The motion was seconded by Mayor Irons and carried unanimously 5-0. Mayor Irons stated that he didn’t see a lot of changes in liaisons but did want to discuss a couple of them, specifically the EVC and the Chamber Economic Development Committee. Currently Councilmembers Nancy Johnson and Christine Johnson are members of both. Mayor Irons posed his interest in membership on the Economic Development Committee and wanted to discuss rotating positions. Councilmember Nancy Johnson really would fight against giving up the EVC position; according to them, they feel she does a good job and is a valuable member of their committee. Mayor Irons asked Christine Johnson if she was interested in the member spot of the EVC. Councilmember Nancy Johnson stated that since the Chamber Economic Development Committee changed their meeting dates to Tuesday, she needs to step down from that one. She would be willing to trade for something else there. On the EVC, there is great value in the continuity that one maintains as a member of that committee; possibly Councilmember Christine Johnson would give up her alternate spot and Mayor Irons could fill that spot. Mayor Irons feels the continuity is to maintain the same membership on the EVC and the Chamber Economic Development. Councilmember Nancy Johnson disagrees as they are two very different committees. Mayor Irons is suggesting appointing Christine Johnson and himself as members of the Chamber Economic Development Committee. On the EVC the appointment would go to Councilmember Christine Johnson as the member and himself as the alternate. Councilmember Christine Johnson felt that for consistency purposes, it’s important to have the same people on both the EVC and the Chamber Economic Development Committee. If there is a change on the Chamber, it would preclude a change on the EVC. She will accept what is best for the City and would accept that position. Both Mayor Irons and Councilmember Smukler concurred that the two positions were linked. Councilmember Nancy Johnson stepped down from the dias. Councilmember Leage is fine with staying on the IWMA Board. Councilmember Christine Johnson stated that the City’s role on the CAPSLO Board has termed out for the next three years. 22 MINUTES - MORRO BAY CITY COUNCIL – JANUARY 14, 2014 MOTION: Mayor Irons moved approval of the discretionary appointments as presented with amendments to the EVC naming Councilmember Christine Johnson as the member and Mayor Irons as the alternate as well as naming Mayor Irons to the Chamber of Commerce Economic Development Committee as a member along with Councilmember Christine Johnson. The motion was seconded by Councilmember Smukler and carried 3-1-1 with Councilmember Leage voting no and Councilmember Nancy Johnson having recused herself. E. COUNCIL DECLARATION OF FUTURE AGENDA ITEMS Councilmember Smukler requested a discussion of the authorization of funds to implement planning and review of possible boat haul-out locations; Mayor Irons and Councilmember Christine Johnson concurred. Councilmember Smukler requested a discussion of the City’s Planned Action on the Bicycle Unmet Needs request; Mayor Irons and Councilmember Christine Johnson concurred. Councilmember Smukler requested an update on the City’s Water supply situation to include information from the State on our future allotments; Mayor Irons and Councilmember Christine Johnson concurred. Councilmember Smukler requested an update from the Chamber of Commerce on the status of their Economic Development Program (at the next meeting); Mayor Irons and Councilmember Christine Johnson concurred. Councilmember Christine Johnson requested an item to consider waiving the City fees for the Monday Community Dinner held at the Veteran’s Hall and coordinated through EBAC; Mayor Irons and Councilmember Smukler concurred. Councilmember Christine Johnson requested another presentation from CHC on the status of their transition of care from Morro Bay to San Luis Obispo (to occur in 90 days); Mayor Irons and Councilmember Smukler concurred. ADJOURNMENT The meeting adjourned at 12:31am. Recorded by: Jamie Boucher City Clerk