HomeMy WebLinkAboutCC_2019-09-10 Regular Meeting MinutesMINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — SEPTEMBER 10, 2019
VETERAN'S MEMORIAL HALL — 5:30 P.M.
PRESENT:
John Headding
Dawn Addis
Robert Davis
Jeff Heller
Marlys McPherson
ABSENT: None
STAFF:
Scott Collins
Chris Neumeyer
Dana Swanson
Jennifer Callaway
Rob Livick
Scot Graham
Matt Vierra
Jody Cox
Tony Mosqueda
Eric Endersby
Jennifer Little
AGENDA NO: A-1
MEETING DATE: October 22, 2019
Mayor
Council Member
Council Member
Council Member
Council Member
City Manager
City Attorney
City Clerk
Finance Director
Public Works Director
Community Development Director
Fire Marshal
Police Chief
Police Sergeant
Harbor Director
Tourism Manager
ESTABLISH QUORUM AND CALL TO ORDER
Mayor Headding called the meeting to order at 5:30 p.m., with all members present.
MOMENT OF SILENCE
PLEDGE OF ALLEGIANCE
RECOGNITION — None
CLOSED SESSION REPORT — City Attorney Neumeyer stated no reportable action was taken
by the City Council in accordance with the Brown Act.
MAYOR & COUNCILMEMBERS' REPORTS, ANNOUNCEMENTS & PRESENTATIONS
https://youtu.be/4tkJFo J1 z4?t=139
CITY MANAGER REPORTS, ANNOUNCEMENTS AND PRESENTATIONS - None
PRESENTATIONS
® SLOCOG Rideshare Presentation by Catalina Hubbard
https://youtu.be/4tkJFo J1 z4?t=766
• Lighthouse Century Ride Presentation by Mary Ann Gustafson
https://youtu.be/4tkJFo J 1 z4?t=1143
PUBLIC COMMENT
https://youtu.be/4tkJFo J1 z4?t=1484
Bob Swain, Morro Bay, announced the Maritime Museum needs volunteers and recommended
vacation rentals follow the same regulations as hotels.
Victoria Schmidt, Morro Bay, urged the Council to prioritize the vacation rental policy update.
Carol Swain, Morro Bay, spoke in support of adding vacation rentals to the TBID and requested
the vacation rental policy update be a top priority.
Terry Simons, Morro Bay, spoke regarding the use of Nextdoor for community polling and
suggested placing a lift station in the center of the future Highway 1/41 roundabout.
Linda Winters, Morro Bay, shared her appreciation for staff's attention to understanding the mobile
home rent control ordinance and helping Mr. Oberlin prove his permanent residency.
George Oberlin, Morro Bay, thanked staff for their assistance.
Mimi Goldberg, Morro Bay, requested trash cans be returned to the benches and fire pits near
Morro Rock.
Betty Winholtz, Morro Bay, announced Citizens for Affordable Living is hosting an open forum to
present alternative viewpoints on the Water Reclamation Facility project on Sunday at 1:00 p.m.
and 3:00 p.m. at the Inn at Morro Bay.
Nick Juren, Beach-N-Bay Getaways, spoke regarding vacation rentals.
Jim Reed, Morro Bay, urged Council to approve a vacation rental ordinance.
A resident expressed concerns regarding illegal vacation rentals and lack of sidewalks and
designated bike paths in north ' Morro Bay.
Dan Sedley, Morro Bay, agreed with the previous speaker and asked when the vacation rental
ordinance would be brought to Council.
Mayor Headding closed public comment.
A. CONSENT AGENDA
https://youtu.be/4tkJFo J1 z4?t=3245
Unless an item is pulled for separate action by the City Council, the following actions are approved
without discussion. The public will also be provided an opportunity to comment on consent
agenda items.
A-1 APPROVAL OF MINUTES FOR THE AUGUST 13, 2019, CITY COUNCIL SPECIAL
MEETING; (ADMINISTRATION)
RECOMMENDATION: Approve as submitted.
A-2 APPROVAL OF MINUTES FOR THE AUGUST 13, 2019, CITY COUNCIL MEETING;
(ADMINISTRATION)
RECOMMENDATION: Approve as submitted.
A-3 APPROVAL OF MINUTES FOR THE AUGUST 27, 2019, CITY COUNCIL CLOSED
SESSION MEETING; (ADMINISTRATION)
RECOMMENDATION: Approve as submitted.
A-4 DESIGNATION OF VOTING DELEGATE AND ALTERNATE AT LEAGUE OF
CALIFORNIA CITIES 2019 ANNUAL CONFERENCE BUSINESS MEETING; AND,
AUTHORIZE THE VOTING DELEGATES TO APPROVE PROPOSED RESOLUTIONS
AT THE ANNUAL MEETING CALLING ON THE CPUC TO AMEND RULE 20A
REGARDING VERY HIGH RISK FIRE HAZARDS AND INCREASE FUNDING FOR
RULE 20A PROJECTS, AND CALLING UPON FEDERAL AND STATE GOVERNMENTS
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MINUTES - MORRO BAY CITY COUNCIL MEETING - SEPTEMBER 10, 2019
TO ADDRESS INTERNATIONAL POLLUTION ALONG CALIFORNIA'S SOUTHERN
BORDER IMPACTING THE STATE; (CITY CLERK)
RECOMMENDATION: Staff recommends the City Council:
1. Select Mayor Headding, as the voting delegate, and Mayor Pro Tem Davis, as the
alternate voting delegate, for the upcoming annual business meeting to be held
at the League of California Cities Annual Conference; and
2. Authorize City Clerk to sign the League of California Cities' form affirming the
selection of the voting delegate and the alternate voting delegate; and
3. Authorize the selected voting delegate (or selected alternate as needed) to
approve the two proposed Resolutions.
A-5 ADOPTION OF RESOLUTION NO. 76-19 APPROVING UPDATED RECORDS
RETENTION SCHEDULE AND AUTHORIZING SUBSEQUENT MINOR UPDATES
WITHOUT FURTHER COUNCIL ACTION; (CITY CLERK)
RECOMMENDATION: Council adopt Resolution No. 76-19 rescinding Resolution
No. 25-17, approving the City of Morro Bay Records Retention Schedule, and
authorizing subsequent minor updates without further Council action.
A-6 CONSIDERATION OF REQUEST BY LOCAL BOY SCOUT, CURTIS BRADLEY, FOR A
SIGN PERMIT FEE WAIVER FOR A SECOND FREE STANDING SIGN AT ST.
TIMOTHY'S CHURCH AT 962 PINEY WAY; (COMMUNITY DEVELOPMENT)
RECOMMENDATION: Planning Commission unanimously recommends waiver
of the sign permit fee, for a second free standing sign at St. Timothy's Church at
962 Piney Way, in the amount of $1,305.
A-7 APPROVAL OF HARBOR ADVISORY BOARD MEMBER'S REQUEST FOR AN
EXCUSED ABSENCE; (CITY CLERK)
RECOMMENDATION: Staff recommends the City Council consider the request
submitted by Harbor Advisory Board (HAB) Member, Ron Reisner, to excuse his
absence from the October 3, 2019 Regular Harbor Advisory Board meeting.
Mayor Headding opened public comment for the Consent Agenda.
https://youtu.be/4tkJFo J1 z4?t=3253
Curtis Bradley spoke regarding Item A-6, requesting the sign exception permit fee in the amount
of S1,305 be waived.
Father Ed Holterhoff, St. Timothy's Church, congratulated Curtis on an outstanding job and asked
the Council to waive the permit fees.
Dan Sedley, Morro Bay, commented on Item A-5, expressing concerns related to records, such
as meeting minutes, might be destroyed.
The public comment period was closed.
Mayor Headding pulled Item A-5. Council Member Heller pulled Item A-1.
MOTION: Council Member Davis moved approval of Items A-2, A-3, A-4, A-6 and A-7 on the
Consent Agenda The motion was seconded by Council Member McPherson and
carried 5-0 by roll call vote.
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MINUTES - MORRO BAY CITY COUNCIL MEETING - SEPTEMBER 10, 2019
A-5 ADOPTION OF RESOLUTION NO. 76-19 APPROVING UPDATED RECORDS
RETENTION SCHEDULE AND AUTHORIZING SUBSEQUENT MINOR UPDATES
WITHOUT FURTHER COUNCIL ACTION; (CITY CLERK)
https://youtu.be/4tkJFo J1z4?t=3913
In response to concerns raised during public comment, City Clerk Swanson explained there are
various retention periods and Minutes for Brown Act meetings are retained permanently.
A-1 APPROVAL OF MINUTES FOR THE AUGUST 13, 2019, CITY COUNCIL SPECIAL
MEETING; (ADMINISTRATION)
https://youtu.be/4tkJFo J 1 z4?t=3964
Council Member Heller requested the meeting minutes be amended to include his comments
suggesting alternatives to address unfunded liabilities include revenue enhancement options as
well as expense reduction options.
City Attorney Neumeyer stated to include specific comments attributed to a Council Member
would be an exception to the general practice of preparing action minutes; however, the request
would be captured in the minutes for tonight's meeting.
MOTION: Council Member Heller moved comments he made be incorporated into meeting
minutes for August 13 meeting. The motion was seconded by Council Member
McPherson for discussion.
Following discussion, the motion failed 0-5 by roll call vote.
MOTION: Mayor Headding moved for approval of Item A-1. The motion was seconded by
Council Member Davis and carried 5-0 by roll call vote.
MOTION: Council Member McPherson moved for approval of Item A-5. The motion was
seconded by Council Member Davis and carried 5-0 by roll call vote.
B PUBLIC HEARINGS- NONE
C. BUSINESS ITEMS
C-1
APPROVAL OF AMENDMENT TO CONTRACT WITH WATER WORKS ENGINEERS,
LLC FOR ENGINEERING DESIGN SERVICES FOR THE WATER RECLAMATION
FACILITY (WRF) LIFT STATION AND OFFSITE PIPELINES; (PUBLIC WORKS)
https://youtu.be/4tkJFo J1z4?t=3913
Public Works Director Livick and Water Reclamation Facility Program Manager Casares
provided the report and responded to Council questions.
The public comment period for Item C-1 was opened.
Terry Simons, Morro Bay, was concerned the impacts of this engineering change on the
eventual bids for the conveyance system would add to the overall project cost.
Betty Winholtz, Morro Bay, inquired about advisory board input and asked whether the
City had received permission to build on property owned by other entities.
Dan Sedley, Morro Bay, restated questions raised during public comment.
The public comment period for Item C-1 was closed.
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MINUTES - MORRO BAY CITY COUNCIL MEETING - SEPTEMEER 10, 2019
Mayor Headding asked staff to respond to questions raised during public comment.
Council Member Heller was concerned contingencies were being spent early in the project
and suggested postponing the item pending input from the WRFCAC. There was
consensus these changes were brought to Council as they occurred, reviewed by the
WRFCAC and previously approved with the project budget.
MOTION: Council Member McPherson moved the City Council authorize the City
Manager to execute the Amendment to Contract with Water Works
Engineers, LLC (WWE) for Engineering Design Services for the Water
Reclamation Facility (WRF) Lift Station and Offsite Pipelines. The motion
was seconded by Council Member Davis.
Following discussion, the motion carried 4-1 by roll call vote with Council Member Heller
opposed.
The Council took a brief recess at 7:41 p.m. The meeting reconvened at 7:51 p.m. with all
members present.
C-2 RECEIVE AND FILE THE ADDENDUM TO THE CERTIFIED APPROVED FINAL
ENVIRONMENTAL IMPACT REPORT FOR THE WRF PROJECT (FEIR); (PUBLIC
WORKS)
https://youtu.be/4tkJFo J1z4?t=7966
Water Reclamation Facility Program Manager Casares provided the report and responded
to Council questions.
The public comment period for Item C-2 was opened.
Terry Simons, Morro Bay, asked about status of WIFIA and SRF funding and whether
Caltrans had issued the necessary permits.
Betty Winholtz, Morro Bay, expressed concerns and urged the Council to not receive the
report.
The public comment period for Item C-2 was closed.
Mayor Headding requested staff respond to concerns raised during public comment.
Council Member Heller suggested the Council not receive and file, expressing concerns
with the CEQA process and that comments of the general public had largely been ignored.
MOTION: Mayor Headding moved the Council receive and file the report. The motion
was seconded by Council Member Davis and carried 4-1 by roll call vote
with Council Member Heller opposed.
C-3 2019 AND 2020 CITY GOALS AND ACTION ITEMS STATUS UPDATE AND
CONSIDERATION OF SHORT-TERM VACATION RENTAL POLICY DEVELOPMENT
PROCESS; (CITY MANAGER)
https://youtu.be/4tkJFo J1z4?t=9648
City Manager Collins provided the report and responded to Council questions related to
City goals and consideration of a policy requiring removal/delay of a Council approved
action item from the City Council goals prior to adding a new action item.
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MINUTES - MORRO BAY CITY COUNCIL MEETING - SEPTEMBER 10, 2019
The public comment period for Item C-3 was opened.
Betty Winholtz, Morro Bay, requested clarification on the number of housing units the City
would be responsible for.
Terry Simons, Morro Bay, offered to participate on the boat haul -out ad hoc committee if
a seat was available He was also concerned about the number of projects and lack of
focus on those items that were more critical.
The public comment period for Item C-3 was closed.
Following discussion, the Council agreed on the importance of prioritizing Council -
directed action items and support for staffs recommendation to develop a policy requiring
the removal/delay of a Council approved action from the City Council Goals prior to adding
a new action item. Council Heller opposed adding another policy and hoped there was
another alternative.
MOTION: Council Member McPherson moved the Council add consideration of a
policy requiring removal/delay of an approved action item prior to adding a
new action item to the Council's policy review sub -committee. The motion
was seconded by Council Member Davis and carried 4-1 by roll call vote
with Council Member Heller opposed.
The Council continued with questions and discussion of Item 3 - Short -Term Vacation
Rental Policy Development.
Mayor Headding re opened public comment.
Robert Elzer, U-Relax Vacation Rentals, offered his perspective as a vacation rental
property manager and suggested using the San Luis Obispo County ordinance as a guide
moving forward.
Terry Simons, Morro Bay, shared information he gleaned from polling on Nextdoor, noting
u nlicensed vacation rentals are the problem. He suggested vacation rentals reduce the
n umber of available housing units.
Nick Juren, Beach-N-Bay Getaways, suggested most complaints are about illegal rentals
and enforcement of current policies would provide relief to residents.
Betty Winholtz, Morro Bay, hoped the Council would direct staff to form a committee
comprised of property managers, residents and a community moderator. She agreed on
the importance of enforcement.
Carolyn Brinkman, Morro Bay, spoke in support of contracting with Host Compliance and
u sing a committee with stakeholder representatives, facilitated by someone who is seen
as neutral, to draft the vacation rental policy.
Dan Sedley, Morro Bay, opposed using consultants for the process and spoke to the
importance of getting community input
Mayor Headding closed public comment.
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MINUTES - MORRO BAY CITY COUNCIL MEETING - SEPTEMBER 10, 2019
MOTION: Council Member McPherson moved to extend the meeting past 9:30 to a
time uncertain. The motion was seconded by Council Member Davis and
carried 5-0 by roll call vote.
MOTION: Council Member McPherson moved the City Council move forward to begin
process of developing a new vacation rental ordinance by conducting one
o f more public forums on the issue to reengage the public, asking the City
Manager to appoint an ad -hoc committee composed vacation rental
o wners and managers, residents, two City Council members (Vacation
Rental Policy Sub -Committee members), and also include a Planning
Commissioner since the Planning Commission has to also hear this. The
committee would be charged with developing a draft policy and vacation
rental ordinance which can then be reviewed by the City Attorney and taken
to the Planning Commission and City Council for consideration. The
motion was seconded by Council Member Davis and carried 5-0 by roll call
✓ ote.
C-4 ADOPTION OF ORDINANCE NO. 624 AUTHORIZING AN AMENDMENT TO THE
CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM CONTRACT TO
IMPLEMENT COST SHARING AND ADOPTION OF RESOLUTION NO. 77-19
APPROVING UPDATED PUBLICLY AVAILABLE PAY SCHEDULE REFLECTING 1 %
SALARY INCREASE FOR LOCAL POLICE MEMBERS IN THE MORRO BAY PEACE
OFFICERS ASSOCIATION; (CITY CLERK)
https://youtu.be/4tkJ Fo J 1 z4?t=14350
City Clerk Swanson provided the report and responded to Council questions.
The public comment period for Item C-4 was opened; seeing none, the public comment
period was closed.
MOTION: Council Member Davis moved to adopt by title only, with further reading
waived, Ordinance No. 624 Authorizing an Amendment to the Contract
between the City of Morro Bay and the Board of Administration of the
California Public Employees' Retirement System (CaIPERS) Implementing
Section 20516 (Employees Sharing Additional Cost) to provide additional
e mployee cost sharing of 1% for local police members in the Morro Bay
Peace Officers Association (MB POA) for Fiscal Year 2019/20
(FY2019/20) and authorize the Mayor to execute the contract amendment;
and adopt Resolution No. 77-19 approving an updated publicly available
pay schedule reflecting a 1 % salary increase for those affected employees
as agreed in the Successor Memorandum of Understanding (MOU) with
the MB POA for the period July 1, 2018 —June 30, 2020, effective October
19, 2019. The motion was seconded by Council Member McPherson and
carried 5-0 by roll call vote.
D COUNCIL DECLARATION OF FUTURE AGENDA ITEMS
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None
E ADJOURNMENT
The meeting adjourned at 9:42 p.m.
Record A d by:
netS
na Swanson
City Clerk
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MINUTES - MORRO BAY CITY COUNCIL MEETING - SEPTEMBER 10, 2019