HomeMy WebLinkAboutCC_2022-10-25 Regular Meeting Minutes - signedMINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING – OCTOBER 25, 2022
VETERAN’S MEMORIAL HALL /
TELECONFERENCE – 5:30 P.M.
Pursuant to Assembly Bill 361 (2021-22) and Government Code section 54953 this Meeting will be
conducted in a hybrid format with both in-person and virtual public participation.
PRESENT: John Headding Mayor
Dawn Addis Council Member
Laurel Barton Council Member
Jennifer Ford Council Member
Jeff Heller Council Member
ABSENT: None
STAFF: Scott Collins City Manager
Chris Neumeyer City Attorney
Dana Swanson City Clerk
Emily Conrad Acting Assistant City Manager/Admin Services Dir.
Greg Kwolek Public Works Director
Scot Graham Community Development Director
Daniel McCrain Fire Chief
Jody Cox Police Chief
Eric Endersby Harbor Director
Cindy Jacinth Senior Planner
ESTABLISH QUORUM AND CALL TO ORDER
Mayor Headding called the meeting to order at 5:30 p.m., with all but Council Member Barton present.
Council Member Barton joined the meeting at 5:35 p.m.
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/VG5wg7-3yk4?t=157
CITY MANAGER REPORTS, ANNOUNCEMENTS AND PRESENTATIONS - None
https://youtu.be/VG5wg7-3yk4?t=654
PRESENTATIONS
https://youtu.be/VG5wg7-3yk4?t=659
o National Adoption Month Proclamation presented to Social Worker Rochelle Greenberg.
o National Apprenticeship Week Proclamation presented to Workforce Development Board
Director Dawn Boulanger and Pipelines Trades Business Manager David Baldwin.
PUBLIC COMMENT
https://youtu.be/VG5wg7-3yk4?t=1438
Bill Luffee, Morro Bay, spoke in favor of Measure B-22, Harbor Infrastructure Parcel Tax initiative on the
November ballot.
AGENDA NO: A-1 MEETING DATE: December 13, 2022
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MINUTES - MORRO BAY CITY COUNCIL MEETING – OCTOBER 25, 2022
Aaron Ochs, Morro Bay, spoke in opposition to Measure B-22.
Judi Brown, Morro Bay, urged residents to vote no on Measure B-22.
Terry Simons, Morro Bay, spoke against the proposed lithium battery project in Morro Bay.
Rigmor, Morro Bay, spoke regarding the proposed Zoning Code changes, expressing concern about
up-zoning in some areas while others were down-zoned to a less intensive use.
Mania Bedikian re-stated comments submitted as agenda correspondence regarding down-zoning of
1149 Market Ave.
Jan Goldman, Morro Bay resident and member of Morro Bay Open Space Alliance, urged the Council
to approve their grant funding request to purchase technology to conduct hybrid meetings.
Garry Johnson, Morro Bay, spoke regarding the proposed lithium battery storage facility.
Lynda Merrill, Morro Bay, spoke in favor of the Harbor Infrastructure Parcel Tax Measure B-22, and
requested Council approval of Items A-3, A-6, A-8, and C-1.
Linda Winters, Morro Bay, urged mobile home residents to keep their voter registration current and stay
informed about local issues.
Barbara Doerr, Morro Bay, spoke regarding a proposed zoning change and potential loss of affordable
housing, opposed Measure B-22 and the battery storage project.
Casey Cordes, Morro Bay, commented on the need to improve the audio/video quality for public
meetings, provide email notifications of upcoming meetings and events, and address written
correspondence during the meeting.
David Duringer, Morro Bay, urged the Council to repeal Ordinance No. 644 regulating gun storage.
Bob Keller, Morro Bay, announced Maritime Museum and Morro Bay High School events.
David Yaeger announced Vistra will host a public meeting regarding the proposed battery storage project
on November 16th at the Morro Bay Community Center from 5:30 – 7:30 p.m.
Sharon O’Leary, Morro Bay resident and volunteer at Community Resource Connections, thanked Rock
Harbor Church for hosting a recent food distribution event and suggested the City develop more
community dinners and food distribution centers.
Jon Elliott announced the upcoming Trick-or-Treat event to be held Saturday, October 29th from 2:00 –
5:00 p.m. in downtown Morro Bay.
Steve Ray spoke regarding environmental impacts of the proposed battery project.
Seychelle Cannes, Morro Bay, expressed concerns about proposed battery storage project and urged
Vistra to move the project away from the coast.
Rachel Wilson, Cayucos, spoke against the proposed battery storage project.
Betsy Gaudette-Cross, Morro Bay, opposed the proposed battery energy storage project in Morro Bay.
An unknown individual spoke in opposition to the proposed battery storage project.
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MINUTES - MORRO BAY CITY COUNCIL MEETING – OCTOBER 25, 2022
Adrian Frost, Morro Bay, inquired about the town’s vision and asked for improved communication.
Judy Setting, Morro Bay, asked whether Plan Morro Bay would re-zone the Vistra property for industrial
uses and encouraged the Council to not give away negotiating tools by re-zoning the property.
Betty Winholtz, Morro Bay, commented on the City website and difficulties with the municipal code
search function and suggested public comment for Item B-1 be broken up into topics to allow more
public comment.
Kris Roudebush, We are the Care Initiative, announced recent activities and an upcoming workshop
hosted by the Atascadero Chamber of Commerce. For more information visit www.sanluischildcare.org.
Melanie Williams-Mahan spoke against Measure B-22.
Chris Swim, Morro Bay, voiced his support for increased 37’ height limit in the downtown area and
opportunity it provides to build housing and mixed use projects.
Glenn Silloway, Morro Bay resident and President of the Morro Bay Historical Society, thanked the City
for providing a community grant program and asked the Council to consider the request to upgrade
Franklin Riley Park.
Mayor Headding closed public comment.
The Council and staff responded to issues raised during public comment.
The Council took a brief recess at 7:16 p.m. The meeting reconvened at 7:23 p.m. with all members
present.
A. CONSENT AGENDA
https://youtu.be/VG5wg7-3yk4?t=6822
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 SEPTEMBER 27, 2022, CITY COUNCIL MEETING; (CITY
CLERK)
RECOMMENDATION: Approve as submitted.
A-2 APPROVAL OF MINUTES FOR THE OCTOBER 11, 2022, CITY COUNCIL SPECIAL CLOSED
SESSION MEETING; (CITY CLERK)
RECOMMENDATION: Approve as submitted.
A-3 CONSIDER ADOPTION OF RESOLUTION NO. 91-22 APPROVING THE CREATION OF THE
UTILITY DIVISION SUPERVISOR CLASSIFICATION AND JOB DESCRIPTION AND
RESOLUTION NO. 92-22 APPROVING THE REVISED COMBINED MASTER SALARY
SCHEDULE; (PUBLIC WORKS DEPARTMENT/CITY CLERK/HUMAN RESOURCES
MANAGER)
RECOMMENDATION: Staff recommends the City Council take the following action:
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MINUTES - MORRO BAY CITY COUNCIL MEETING – OCTOBER 25, 2022
1) Adopt Resolution No. 91-22 approving the creation of the Utility Division Supervisor
classification and job description; and 2) Adopt Resolution No. 92-22 approving the
revised Combined Master Salary Schedule.
A-4 APPROVAL OF FISCAL YEAR 2021-22 YEAR-END BUDGET AMENDMENTS;
(ADMINISTRATIVE SERVICES DEPARTMENT)
RECOMMENDATION: Staff recommends that the City Council adopt Resolution No. 93-
22 approving Fiscal Year (FY) 2021-22 Year-End Budget Adjustments.
A-5 APPROVAL OF CONTRACT WITH SAN LUIS OBISPO COUNTY FOR ANIMAL CARE AND
CONTROL SERVICES FOR FY 2022/23 THROUGH FY 2024/25; (POLICE DEPARTMENT)
RECOMMENDATION: City Council authorize the City Manager to execute a three-year
contract with the County of San Luis Obispo for the continued provision of Animal Care
and Control Services from July 1, 2022, to June 30, 2025.
A-6 APPROVAL OF AMENDMENT NO. 2 TO CONTRACT WITH SUPERIOR TANK SOLUTIONS
FOR KINGS TANKS AND BLANCA TANKS REHABILITATION PROJECT; (PUBLIC WORKS
DEPARTMENT)
RECOMMENDATION: Staff recommends that the City Council approve in substance
Amendment No. 2 to Contract with Superior Tank Solutions for Kings Tanks and Blanca
Tanks Rehabilitation Project for the amount of $441,738 and authorize the City Manager
to execute the contract amendment.
A-7 FIRST QUARTER INVESTMENT REPORT FOR FISCAL YEAR (FY) 2022-23 (PERIOD
ENDING SEPTEMBER 30, 2022); (ADMINISTRATIVE SERVICES DEPARTMENT)
RECOMMENDATION: Receive the attached First Quarter Investment Report for FY 2022-
23 (period ending September 30, 2022).
A-8 RESOLUTION MAKING FINDINGS RELATED TO THE CONTINUED EXISTENCE OF A
STATE OF EMERGENCY DUE TO COVID-19 AND RE-AUTHORIZING FOR PUBLIC HEALTH
AND SAFETY THE CONDUCT OF PUBLIC MEETINGS OF THE LEGISLATIVE BODIES OF
THE CITY VIA REMOTE TELECONFERENCING (INCLUDING PARTIALLY REMOTE) FOR A
30-DAY PERIOD PURSUANT TO THE RALPH M. BROWN ACT AS AMENDED BY ASSEMBLY
BILL NO. 361; (CITY ATTORNEY)
RECOMMENDATION: Staff recommends Council consider adoption of attached
Resolution No. 94-22 reauthorizing for public health and safety the conduct of public
meetings of the legislative bodies of the City via remote teleconferencing (including
partially remote) for 30 days, thereby allowing the City Council and the City’s advisory
bodies to meet remotely (including partially remote) through November 24, 2022.
With approval of this motion and until such further notice, City Council and advisory
bodies will continue to hold their meetings in public at the Veterans Hall, with the option
for individual Councilmembers and advisory body members to teleconference.
A-9 PROCLAMATION DECLARING NOVEMBER AS “NATIONAL ADOPTION MONTH”;
(ADMINISTRATION)
RECOMMENDATION: Approved as submitted
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MINUTES - MORRO BAY CITY COUNCIL MEETING – OCTOBER 25, 2022
A-10 PROCLAMATION DECLARING “NOVEMBER 14-20, 2022, AS NATIONAL APPRENTICESHIP
WEEK”; (ADMINISTRATION)
RECOMMENDATION: Approved as submitted
Mayor Headding opened the public comment for the Consent Agenda; seeing none, the public comment
period was closed.
Council Member Heller pulled Item A-3.
MOTION: Council Member Addis moved approval of all items on Consent except Item A-3. The
motion was seconded by Council Member Barton and carried 5-0 by roll call vote.
A-3 CONSIDER ADOPTION OF RESOLUTION NO. 91-22 APPROVING THE CREATION OF THE
UTILITY DIVISION SUPERVISOR CLASSIFICATION AND JOB DESCRIPTION AND
RESOLUTION NO. 92-22 APPROVING THE REVISED COMBINED MASTER SALARY
SCHEDULE; (PUBLIC WORKS DEPARTMENT/CITY CLERK/HUMAN RESOURCES
MANAGER)
https://youtu.be/VG5wg7-3yk4?t=6900
Public Works Director Kwolek responded to questions raised by Council.
MOTION: Council Member Heller moved approval of Item A-3. The motion was seconded
by Mayor Headding and carried 5-0 by roll call vote.
B. PUBLIC HEARINGS
B-1 INTRODUCTION AND FIRST READING OF ORDINANCE 654: AMENDMENTS TO MORRO
BAY MUNICIPAL CODE, REPEALING TITLE 17 AND REPLACING WITH ADOPTION OF
ZONING CODE/ COASTAL IMPLEMENTATION PLAN (IP) AND ASSOCIATED WATERFRONT
MASTER PLAN AND MUNICIPAL CODE AMENDMENTS; (COMMUNITY DEVELOPMENT
DEPARTMENT)
https://youtu.be/VG5wg7-3yk4?t=7125
Community Development Director Graham provided the report and, along with Senior Planner
Jacinth, responded to Council inquires and questions raised during general public comment.
Mayor Headding opened the Public Hearing.
Mayor Headding opened Public Comment.
https://youtu.be/VG5wg7-3yk4?t=11048
Derek Dahlgren, Morro Bay, spoke on behalf of owners of 733 and 741 Harbor St., requesting
Council to take no action regarding Title 17 until proper notice was given to the affected real
property owners.
Casey Cordes, Morro Bay, spoke in favor of increased height limits in the downtown area and
encouraged the Council to move forward and not refer the issue back to a Planning Commission
sub-committee.
Erica Crawford, Morro Bay Chamber of Commerce, spoke in favor of the proposed ordinance
that takes pro-housing initiatives forward, and support for building heights from the 2018 draft
zoning code.
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MINUTES - MORRO BAY CITY COUNCIL MEETING – OCTOBER 25, 2022
Ken MacMillan, Morro Bay resident and business owner, spoke in favor of the increased 37’
height limit in the downtown corridor and potential to build more studio or one bedroom
apartments.
Sean Green, Morro Bay, appreciated the manner in which staff presented the item and stated
his support for establishing a Planning Commission subcommittee to further study building height
restrictions.
Bob Keller, Morro Bay, stated support for the 37’ downtown height limit.
Betty Winholtz, Morro Bay, agreed homeowners in the Market and Harbor Street area should
have been given notice of the proposed changes, and opposed increased building height in the
downtown area.
Krista Jeffries, Grover Beach, spoke in favor of the proposed ordinance and potential
development of different forms of housing.
The Public Comment period and Public Hearing was closed.
MOTION: Mayor Headding moved to adopt introduce for first reading by number and title only,
with further reading waived, Ordinance No. 654,(i) repealing Title 17 of the Morro Bay
Municipal Code in its entirety and replacing with adoption of the Zoning Code with
the exception that on item number three in the staff report that the height limit not be
reduced that it be maintained at 37 feet and that we not create a subcommittee of the
Planning Commission to do any further review; (ii) text amendment to page 5-3 of the
Waterfront Master Plan; and (iii) miscellaneous amendments to Chapters 5.50, 5.60,
7.16, 8.32, 9.28, 10.60, 12.08, 12.12, 13.04, 13.20, 14.44, 14.42, 16.36, 16.40, and
16.48 of the Morro Bay Municipal Code with a finding that no further environmental
review is required pursuant to State CEQA Guidelines section 15162. The motion
was seconded by Council Member Addis for discussion.
Council Member Heller supported allowing the Planning Commission an opportunity to further
explore the downtown building height issue; he also desired further review of the inclusionary
housing ordinance.
There was a motion on the floor to waive further reading and vote on the motion by title only title
of Ordinance Number 654 is “An Ordinance of the City Council of the City of Morro Bay,
California, repealing and replacing Title 17 (Zoning), and miscellaneous amendments to update
zoning language references in pages 5-3 of the Waterfront Master Plan and Chapters 5.50, 5.60,
7.16, 8.32, 9.28, 10.60, 12.08, 12.12, 13.04, 13.20, 14.44, 14.42, 16.36, 16.40, and 16.48 of the
Morro Bay Municipal Code” with the exception that on item no. 3 in the staff report that the height
limit not be reduced, that it be maintained at 37 feet and that we not create a subcommittee of
the Planning Commission to do further review.
Following discussion, the motion carried 4-1 by roll call vote with Council Member Heller
opposed.
B-2 INTRODUCTION OF ORDINANCE NO. 655 REPEALING AND REENACTING MULTIPLE
CHAPTERS OF TITLE 14 (BUILDINGS AND CONSTRUCTION) OF THE CITY OF MORRO
BAY MUNICIPAL CODE, INCORPORATING THE 2022 CALIFORNIA BUILDING STANDARDS
CODE, AS ADOPTED BY THE STATE OF CALIFORNIA, AND LOCAL MODIFICATIONS
THERETO; (COMMUNITY DEVELOPMENT DEPARTMENT)
https://youtu.be/VG5wg7-3yk4?t=13557
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MINUTES - MORRO BAY CITY COUNCIL MEETING – OCTOBER 25, 2022
Community Development Director Graham provided the report and responded to Council
inquires.
MOTION: Council Member Addis moved the meeting go past 9:30 p.m. The motion was
seconded by Council Member Ford and carried 5-0 by roll call vote.
Mayor Headding opened the Public Hearing.
Mayor Headding opened Public Comment.
Betty Winholtz, Morro Bay, asked to clarify whether the parallel gas / electric infrastructure was
a State mandate.
The Public Comment period and Public Hearing was closed.
MOTION: Council Member Addis moved to introduce for first reading by title only and with
further reading waived, Ordinance No. 655: An Ordinance of the City Council of the
City of Morro Bay, California repealing, amending and reenacting Chapters 14.01 –
14.12 of Title 14, (Buildings and Construction) of the Morro Bay Municipal Code
(MBMC) thereby adopting by reference and amending the 2022 California Building
Code (Volumes 1 and 2), Residential, Electrical, Mechanical, Plumbing, Energy,
Historical Building, Fire, Existing Building, Green Building, Administrative, and
Reference Standards Codes, the 2021 International Property Maintenance Code,
and 1997 Uniform Code for the Abatement of Dangerous Buildings. The motion was
seconded by Council Member Ford for discussion.
Following discussion, the motion carried 5-0 by roll call vote.
C. BUSINESS ITEMS
C-1 ADOPT RESOLUTION NO. 95-22 AWARDING FISCAL YEAR 2022-23 COMMUNITY
GRANTS; (CITY MANAGER)
https://youtu.be/VG5wg7-3yk4?t=14468
Council Member Ford recused herself and left the dais at 9:31 p.m. due to a conflict based on
her business relationship with one of the community grant applicants.
City Manager Collins provided the report and responded to Council inquires.
The public comment period for Item C-1 was opened.
Betty Winholtz, Morro Bay, commented on the Historical Society’s willingness to share
technology and asked if it was possible to make sure they don’t charge a fee for use of equipment
they received for free. She also noted Franklin Riley Park was established as open space and
not intended to be organized like a park.
Kathleen Heil, Vice President of Morro Bay Art Association, appreciated the City’s support.
The public comment period for Item C-1 was closed.
MOTION: Mayor Headding moved to 1) Adopt Resolution No. 95-22, awarding Community
Grants for Fiscal Year 2022-23, outlining adjustments, if any, consistent with the
Community Grants Policy and American Rescue Plan Act (“ARPA”) funding
requirements; and 2) Authorize the City Manager to enter into agreements with all
grantees, reviewing and adjusting insurance requirements on a case-by-case basis,
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MINUTES - MORRO BAY CITY COUNCIL MEETING – OCTOBER 25, 2022
in coordination with California JPIA and City Attorney’s Office, depending on the level
of risk associated, and get assurances from Morro Bay Open Space Alliance the
equipment will not be rented for any renumeration. The motion was seconded by
Council Member Addis and carried 4-0-1 by roll call vote with Council Member Ford
abstained.
Council Member Ford returned to the dais at 9:40 p.m.
C-2 ADOPTION OF ORDINANCE NO. 653 AUTHORIZING AN AMENDMENT TO THE CALPERS
CONTRACT TO IMPLEMENT 2% COST SHARING FOR LOCAL FIRE MEMBERS IN THE
MORRO BAY FIREFIGHTERS ASSOCIATION, IAFF LOCAL 3725; (CITY CLERK/HUMAN
RESOURCES MANAGER)
https://youtu.be/VG5wg7-3yk4?t=15014
City Clerk/Human Resources Manager Swanson provided the report and responded to Council
inquiries.
The public comment period for Item C-2 was opened; seeing none, the public comment period
was closed.
MOTION: Council Member Addis moved to adopt Ordinance No. 653 Authorizing an
Amendment to the Contract between the City of Morro Bay and the Board of
Administration of the California Public Employees’ Retirement System Implementing
Section 20516 (Employees Sharing Additional Cost) for local fire members in the
Morro Bay Firefighters’ Association, IAFF Local 3725 (MBFFA). The motion was
seconded by Council Member Heller and carried 5-0 by roll call vote.
D. COUNCIL DECLARATION OF FUTURE AGENDA ITEMS
https://youtu.be/VG5wg7-3yk4?t=15193
Council Member Heller requested staff come back with list of potential City-owned parcels or
portions of park land available to build affordable housing. There was Council support for
consideration of having an existing ad hoc committee take on the assignment and staff was
directed to bring a short item in November to authorize that work.
E. ADJOURNMENT
The meeting adjourned 9:46 p.m.
Recorded by:
Dana Swanson
City Clerk
CC_2022-10-25 Regular Meeting Minutes
Final Audit Report 2022-12-14
Created:2022-12-14
By:Heather Goodwin (hgoodwin@morrobayca.gov)
Status:Signed
Transaction ID:CBJCHBCAABAAYZIbJUWpxccKXs7yszeF7AJhMX2YVZ7W
"CC_2022-10-25 Regular Meeting Minutes" History
Document created by Heather Goodwin (hgoodwin@morrobayca.gov)
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Document emailed to Dana Swanson (dswanson@morrobayca.gov) for signature
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Agreement completed.
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