HomeMy WebLinkAboutCC_2014-01-28_Closed Session MinutesMINUTES – MORRO BAY CITY COUNCIL
SPECIAL CLOSED SESSION MEETING –
JANUARY 28, 2014
CITY HALL CONFERENCE ROOM – 4:00PM
PRESENT: Jamie Irons Mayor
Christine Johnson Councilmember
Nancy Johnson Councilmember
George Leage Councilmember
Noah Smukler Councilmember
STAFF: Susan Slayton Acting City Manager
Anne M. Russell Interim City Attorney
Rob Livick Public Services Director
Eric Endersby Harbor Director
ESTABLISH QUORUM AND CALL TO ORDER
Mayor Irons called the meeting to order at 4:00pm.
SUMMARY OF CLOSED SESSION ITEMS - The Mayor read a summary of Closed Session
items.
CLOSED SESSION PUBLIC COMMENTS - Mayor Irons opened the meeting for Public
Comment
Bill Martony spoke regarding Lease Site 30W-33W, stating that he had read the staff report last
Friday and saw the boundary line adjustment as proposed. He felt it was confusing as the buyer
had mentioned a boundary line adjustment on the north end, but the staff report states the
boundary line adjustment is limited to Lease Site 33W in front of the existing coffee shop. He
stated that if this property line is being pushed out and increasing land into the bay, that he and
other neighbors would want the same opportunity to increase their property value.
Sandy Bean, a real estate broker representing the Coakleys and the new buyers, pointed out that
this meeting is not about a neighbor or future development, or outcome with another agency, it’s
about saving a marina. She noted that boundary disputes of this type arise for a good reason and
court decisions have ruled in favor of the property owner. She understands this is a difficult job
for public agencies, but that the both the owners and buyers have worked diligently to bring forth
what is in front of you today. The new City lease and conditions have been approved, what
happens in the future with other agencies regarding this property and other future developments
are not a condition to the lease.
Bruce Foster of Cayucos, one of the partners attempting to buy the Marina, urged Council to
accept the recommendations that Ms. Novak has submitted on their behalf. They have worked
extremely hard over several months to get this process completed and he would hate to see it not
go through. He has a vision to make the Bay Front Marina one of the jewels in Morro Bay.
AGENDA NO: A-1
MEETING DATE: 2/11/14
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MINUTES - MORRO BAY CITY COUNCIL SPECIAL CLOSED SESSION MEETING – JAN 28, 2014
Jay Coakley, current owner of the Bay Front Marina spoke, stating that he believes they already
own the land, and are not asking for permission from the City. They need permission from State
Lands Commission.
Cathy Novak spoke regarding Lease Site 30W-33W, stated that they have worked hard on the
remaining issues since the last meeting and are down to three issues: 1) An installment
agreement for the purchase of the boundary line adjustment area; 2) a modification to the
language proposed for the setback deed restriction, proposing that there be a deed restriction that
limits any future buildings to the existing footprint within the boundary line adjustment and will
leave the wharf and parking area open. Proposed language was provided; and 3) the building on
Lot 20. She asks that the Council give both the City and tenants flexibility in the future for an
expansion of the building footprint for a possible public access or other benefits that may include
the public or the City. Proposed language was provided.
Nicole Dorfman, spoke regarding Save the Park v. City of Morro Bay, thanking Council for
taking up the matter of Cerrito Peak. She hopes that Ms. Russell will come to the same
conclusion and agree that this permit was illegally issued. She shared a map showing the private
and public property lines and asked that the City withdraw the permit and cease defending it in
court.
The Public Comment period was closed.
The City Council moved to Closed Session and heard the following items:
CS-1 GOVERNMENT CODE SECTION 54957(b)(1) – PUBLIC EMPLOYMENT:
Title: Interim City Manager
Title: Interim City Attorney
CS-2 GOVERNMENT CODE SECTION 54956.8 - PROPERTY TRANSACTIONS:
Instructing City’s real property negotiator regarding the price and terms of payment for
the purchase, sale, exchange, or lease of real property as to two parcels.
Property: Lease Site 30W-33W; Bay Front Marina, Water Lease Adjacent to 201 Main
Street
Negotiator: Anne M. Russell, Interim City Attorney
Negotiating Parties: Coakley and City of Morro Bay
Negotiations: Price and Terms of Payment
Property: Lease Site 141; United States Coast Guard, located at 1279 Embarcadero
Negotiator: Council Subcommittee consisting of Mayor Irons and Councilmember
Leage
Negotiating Parties: United States Coast Guard and City of Morro Bay
Negotiations: Price and Terms of Payment
CS-3 GOVERNMENT CODE SECTION 54956.9(d)(1) - CONFERENCE WITH LEGAL
COUNSEL – EXISTING LITIGATION:
Save the Park and The Xerces Society v. City of Morro Bay
Winholtz v. Coastal Commission (City is Real Party Interest)
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MINUTES - MORRO BAY CITY COUNCIL SPECIAL CLOSED SESSION MEETING – JAN 28, 2014
CS-4 GOVERNMENT CODE SECTION 54956.9(d)(2) – CONFERENCE WITH
LEGAL COUNSEL - ANTICIPATED LITIGATION: Exposure to litigation exists
based upon existing facts and the advice of legal counsel as to four matters.
Carrie Burton (water service issue)
Rick Holliday (2 claims, personal injury and other relating to 1149 Market)
Brian Der Garbedian (claim re: 1149 Market)
Ken Davis (claim re: 1149 Market)
Evan Buddenhagen (employment issues)
CITY COUNCIL CONVENED TO OPEN SESSION – The City Council convened to open
session; Interim City Attorney Anne Russell reported at the Regular Meeting immediately
following, that with regards to the items heard in Closed Session, no reportable action under the
Brown Act was taken.
ADJOURNMENT
The meeting adjourned at 5:45pm.
Recorded by:
Dana Swanson
Deputy City Clerk