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CITY OF MORRO BAY
CITY COUNCIL
MEETING AGENDA
NOTICE OF CANCELED MEE'
TO HONOR THE HOLIDAY SEASON
TFIE REGULAR CITY COUNCIL MEETING
SCHEDULED FOR
MONDAY, DECEMBER 26, 2005
HAS BEEN CANCELED
The next regularly scheduled meeting will be held on
Monday, January 9, 2006, 6:00 p.m., Veterans Hall.
® City of Morro Bay
City Council Agenda
Mission Statement
The City of Morro Bay is dedicated to the preservation and entrancement of the quality
of life. The City shall be committed to this purpose and will provide a level of
municipal service and safety consistent with and responsive to the needs of the public
REGULAR MEETING — DECEMBER 12, 2005
CLOSED SESSION — DECEMBER 12, 2005
CITY HALL CONFERENCE ROOM - 5:00 P.M.
595 HARBOR ST., MORRO BAY, CA
CS-1 GOVERNMENT CODE SECTION 54956.8sREAL PROPERTY
TRANSACTIONS. Instructing City's real property negotiators regarding the
price and terms of payment for the purchase, sale, exchange, or lease of real
® property.
• Property: One Acre Land at the Comer of Jacinto Street and SR1
Negotiating Parties: City.and Keyoto-Morro Bay, Inc.
Negotiations: Sale Terms
CS-2 THIS ITEM HAS BEEN WITHDRAWN
CS-3 GOVERNMENT CODE SECTION 54957, PERSONNEL ISSUES.
Discussions regarding Personnel Issues including one (1) public employee
regarding evaluation, specifically the City Attorney.
IT IS NOTED THAT THE CONTENTS OF CLOSED SESSION MEETINGS
ARE CONFIDENTIAL AND EXEMPT FROM DISCLOSURE.
I]
PUBLIC SESSION — DECEMBER 12, 2005
VETERANS MEMORIAL HALL - 6:00 P.M.
209 SURF ST., MORRO BAY, CA
ESTABLISH QUORUM AND CALL TO ORDER
MOMENT OF SILENCE
PLEDGE OF ALLEGIANCE
MAYOR AND COUNCILMEMBERS ANNOUNCEMENTS & PRESENTATIONS
CLOSED SESSION REPORT
PUBLIC COMMENT PERIOD - Members of the audience wishing to address the
Council on City business matters (other than Public Hearing items under Section B) may
do so at this time.
To increase the effectiveness of the Public Comment Period, the following rules shall be
followed:
• When recognized by the Mayor, please come forward to the podium and state
your name and address for the record. Comments are to be limited to three
minutes.
• All remarks shall be addressed to Council, as a whole, and not to any
individual member thereof.
• The Council respectfully requests that you refrain from making slanderous,
profane or personal remarks against any elected official, commission and/or
® staff.
• Please refrain from public displays or outbursts such as unsolicited applause,
comments or cheering.
• Any disruptive activities that substantially interfere with the ability of the City
Council to carry out its meeting will not be permitted and offenders will be
requested to leave the meeting.
• Your participation in City Council meetings is welcome and your courtesy
will be appreciated.
In compliance with the Americans with Disabilities Act, if you need special assistance to
participate in this meeting, please contact the City Clerk, (805) 772-6205. Notification 72
hours prior to the meeting will enable the City to make reasonable arrangements to ensure
accessibility to this meeting.
COUNCIL DECLARATION OF FUTURE AGENDA ITEMS
A. CONSENT CALENDAR
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 NOVEMBER 14, 2005 CITY COUNCIL
® MEETING; (ADMINISTRATION)
RECOMMENDATION: Approve as submitted.
A-2 LETTER REGARDING SB 153 (CHESBRO) CALIFORNIA CLEAN WATER,
® SAFE NEIGHBORHOOD PARKS, AND -COASTAL PROTECTION ACT OF
2006; (CITY ATTORNEY)
RECOMMENDATION: Approve as submitted.
A-3 PROPOSAL TO USE PARK -IN -LIEU FUNDS TO PURCHASE
REPLACEMENT LIGHTS AT KEISER PARK; (RECREATION & PARKS)
RECOMMENDATION: Approve use of up to $13,000 of park -in -lieu funds to
replace the parking lot lights at Lila Keiser Park.
A4 RESOLUTION NO. 45-05 ADOPTING AMENDMENTS TO LEASES FOR
LEASE SITE 89-89W AND 90-90W LOCATED AT 875 EMBARCADERO;
(HARBOR)
RECOMMENDATION: Adopt Resolution No. 45-05.
A-5 RESOLUTION NO. 46-05 APPROVAL OF ASSIGNMENT OF LEASE SITE
89/89W LOCATED AT 845 EMBARCADERO; (HARBOR)
RECOMMENDATION: Adopt Resolution No. 46-05.
A-6 PROPOSED RECLASSIFICATION OF ADMINISTRATIVE TECHNICIAN
® TO GRANTS/DEPARTMENT COORDINATOR; (ADMINISTRATION)
RECOMMENDATION: Adopt the proposed Housing Programs Coordinator
specifications and authorize reclassification of the Public Services
Administrative Technician to Housing Programs Coordinator.
A-7 ACCEPTANCE 'OF RESIGNATION BY COMMUNITY PROMOTIONS
COMMITTEE MEMBER; (ADMINISTRATION)
RECOMMENDATION: Accept Notice of Resignation.
A-8 LETTER TO CALIFORNIA DEPARTMENT OF FISH & GAME REGARDING
FLOOD CONTROL AND CREEK MAINTENANCE; (PUBLIC SERVICES)
RECOMMENDATION: Authorize the Mayor to sign the letter regarding
concerns with flood control and creek maintenance.
B. PUBLIC HEARINGS. REPORTS & APPEARANCES — NONE.
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C. UNFINISHED BUSINESS
® C-I CONSIDERATION OF PUBLIC EDUCATION REGARDING RESIDENT
SURVEY AND FUTURE CONSIDERATION OF A COMPREHENSIVE CITY
REVENUE PROGRAM; (ADMINISTRATION)
RECOMMENDATION: Approve moving forward with a comprehensive public
education and community outreach program about the City's fiscal situation.
C-2 DISCUSSION ON COUNCIL REVIEW OF CITY EMPLOYMENT
VACANCIES; (ADMINISTRATION)
RECOMMENDATION: Consider current and projected position vacancies;
authorize filling the newest dispatch vacancy; authorize filling the Finance
Director position when it becomes vacant; and consider action on the
projected Recreation & Parks position.
C-3 ESTABLISH CITY COUNCIL MEETING SCHEDULE FOR THE 2006
CALENDAR YEAR; (ADMINISTRATION)
RECOMMENDATION: Discuss and direct staff accordingly.
C4 CONSIDERATION OF PROPOSED BY-LAWS FOR THE COMMUNITY
PROMOTIONS COMMITTEE; (ADMINISTRATION)
® RECOMMENDATION: Approve the amended Community Promotions
Committee by-laws, and refer to the City Attorney for inclusion in the
Advisory Committee handbook.
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C-5 GRANT -FUNDED DIRECTIONAL SIGNAGE INSTALLATION PROGRAM;
(PUBLIC SERVICES)
RECOMMENDATION: Consider and approve the sign materials, provide
direction on sign locations, and authorize the expenditure of past Community
Development Block Grant program income funds for the installation of
directional signage.
D. NEW BUSINESS
D-I APPROVE ADVERTISING SCHEDULE AND SET MEETING DATE FOR THE
PURPOSE OF INTERVIEWING CANDIDATES TO FILL VACANCIES ON
ADVISORY COMMITTEES AND RELATED GROUPS; (ADMINISTRATION)
RECOMMENDATION: Set a date and time to interview applicants for vacancies
on City Commission and Advisory Boards.
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D-2 REPORT AND PRELIMINARY RECOMMENDATIONS OF THE PUBLIC WORKS
ADVISORY BOARD REGARDING UNDERGROUND UTILITY DISTRICT 97 —
® PROPOSED; (PUBLIC SERVICES)
RECOMMENDATION: This item has been pulled from the agenda.
D-3 DISCUSSION OF RESIDENTIAL VACATION RENTAL AND TRANSIENT
OCCUPANCY TAX REGULATIONS; (CITY ATTORNEY)
RECOMMENDATION: Direct the City Attorney to add language to the Morro
Bay Municipal Code requiring vacation rentals to obtain a short-term
lodging permit; and, Council should consider whether to include a voluntary
surcharge to help promote tourism.
D4 REVIEW OF ANNUAL WATER REPORT REQUIREMENTS (MORRO BAY
MUNICIPAL CODE CHAPTER 13.20 — WATER; (CITY ATTORNEY)
RECOMMENDATION: Direct the City Attorney to delete Morro Bay Municipal
Code Sections 13.20.030 to 13.20.060 related to the annual water report and
replace them with an applicable procedure.
E. ADJOURNMENT
® THIS AGENDA IS SUBJECT TO AMENDMENT UP TO 72 HOURS PRIOR TO
THE DATE AND TIME SET FOR THE MEETING. PLEASE REFER TO THE
AGENDA POSTED AT CITY HALL FOR ANY REVISIONS OR CALL THE
CLERK'S OFFICE AT 772-6200 FOR FURTHER INFORMATION.
C'I
COPIES OF STAFF REPORTS OR OTHER PUBLIC DOCUMENTATION
RELATING TO EACH ITEM OF BUSINESS REFERRED TO ON THIS
AGENDA ARE ON FILE IN. THE OFFICE OF THE CITY CLERK AND
AVAILABLE FOR PUBLIC INSPECTION AND REPRODUCTION AT COST AT
CITY HALL, LIBRARY, AND MILLS STATIONERY.
IN COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT, IF
YOU NEED SPECIAL ASSISTANCE TO PARTICIPATE IN A CITY MEETING,
PLEASE CONTACT THE CITY CLERK'S OFFICE AT LEAST 24 HOURS
PRIOR TO THE MEETING TO INSURE THAT REASONABLE
ARRANGEMENTS CAN BE MADE TO PROVIDE ACCESSIBILITY TO THE
MEETING.
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MINUTES - MORRO BAY CITY COUNCIL
CLOSED SESSION — DECEMBER 12, 2005
CITY HALL CONFERENCE ROOM - 5:00 P.M.
Mayor Peters called the meeting to order at 5:00 p.m.
PRESENT: Janice Peters Mayor
STAFF
CLOSED SESSION
Thad Baxley
Melody DeMeritt
William Peirce
Betty Winholtz
Robert Hendrix
Robert Schultz
Councilmember
Councilmember
Councilmember
Councilmember
City Manager
City Attorney
MOTION: Councilmember Peirce moved the meeting be adjourned to Closed
Session. The motion was seconded by Councilmember Baxley and
unanimously carried. (5-0)
Mayor Peters read the Closed Session Statement.
CS-1 GOVERNMENT CODE SECTION 54956.8; REAL PROPERTY
TRANSACTIONS. Instructing City's real property negotiators regarding the
price and terms of payment for the purchase, sale, exchange, or lease of real
property.
Property: One Acre Land at the Comer of Jacinto Street and SRI
Negotiating Parties: City and Keyoto-Morro Bay, Inc.
Negotiations: Sale Terms
CS-2 GOVERNMENT CODE SECTION 54957: PERSONNEL ISSUES.
Discussions regarding Personnel Issues including one (1) public employee
regarding evaluation, specifically the City Attorney.
The meeting adjourned to Closed Session at 5:00 p.m. and returned to regular session at
5:50 p.m.
MOTION: Councilmember Baxley moved the meeting be adjourned. The motion
was seconded by Councilmember Peirce and unanimously carried. (5-0)
The meeting adjourned at 5:50 p.m.
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® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — DECEMBER 12, 2005
VETERANS MEMORIAL HALL - 6:00 P.M.
Mayor Peters called the meeting to order at 6:00 p.m
PRESENT: Janice Peters
Mayor
Thad Baxley
Councilmember
Melody DeMeritt
Councilmember
William Peirce
Councilmember
Betty Winholtz
Councilmember
STAFF: Robert Hendrix
Andrea Lueker
Robert Schultz
Bridgett Bauer
Rick Algert
Bruce Ambo
John DeRohan
Mike Pond
Jim Koser
City Manager
Assistant City Manager
City Attorney
City Clerk
Harbor Director
Public Services Director
Police Chief -
Fire Chief
Finance Director
® ESTABLISH QUORUM AND CALL TO ORDER
MOMENT OF SILENCE
PLEDGE OF ALLEGIANCE
MAYOR'S REPORTS & ANNOUNCEMENTS
CLOSED SESSION REPORT - City Attorney Robert Schultz reported the City Council
met in Closed Session, and no reportable action under the Brown Act was taken.
PUBLIC COMMENT
Ric Deschler addressed Item C-1 (Consideration of Public Education Regarding Resident
Survey and Future Consideration of a Comprehensive City Revenue Program) and
expressed concern with the lack of information provided to the public regarding this
issue.
Bill Davies thanked the City for their efforts. He said he supports raising the City's sales
tax base.
Kim Kimball thanked those who participated in the Lighted Boat Parade and Caroling
Cop Cars events. She expressed support for Item A-5 (Resolution No. 46-05 Approval
Of Assignment of Lease Site 89/89W Located at 845 Embarcadero. Ms Kimball also
addressed Item C-5 (Grant -Funded Directional Signage Installation Program) and
thanked the Public Services Director for making this program happen. She also
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® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — DECEMBER 12, 2005
announced an economic forum will be held in Morro Bay on July 14, 2006. Ms. Kimball
stated AGP Video has installed the eye in the sky that can be viewed on Morrobay.org.
Keith Taylor, Friends of the Fire Department, thanked those who assisted in the
Christmas Tree Lighting at City Park.
Richard Sidowski asked for a moment of silence for Tukki Williams who will be
executed in San Francisco.
Marla Bruton addressed the approval of the lease with Duke Energy, and asked if Duke
has submitted the $1.5 million promised upon signing of this lease.
Joey Racano stated Mayor Peters has a conflict of interest in her involvement with the
Winter Bird Festival by signing the lease with Duke Energy. He said approval of this
lease shows the City does not support the estuary or the snowy plover.
Roger Ewing addressed Item D-4 (Review of Annual Water Report Requirements; Morro
Bay Municipal Code Chapter 13.20) and encouraged the City Council to not approve to
® remove the water supply report from the agenda. He also referred to Item C-1 and stated
a consultant is not necessary to show the City how to run a campaign to raise money
through a City tax.
Alex Beattie addressed the recent grant received by the City for tennis courts, and stated
the City does not need more tennis courts and suggested the City solicit public input on
this item.
Ken Vesterfelt expressed support for Item A-3 (Proposal to Use Park -In -Lieu Funds to
Purchase Replacement Lights at Keiser Park). He also stated an initiative should be
considered that states a council member who runs for the mayor's seat, and has a
remaining two-year term on council, should give up their seat on council.
Mayor Peters closed the hearing for public comment.
DECLARATION OF FUTURE AGENDA ITEMS
Councilmember DeMeritt requested to agendize discussion on the usage of City tennis
courts; Councilmember Winholtz & Mayor Peters concurred. She also requested to
agendize discussion on the participation in the Clean Cities Coalition — no staff report
required.
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® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — DECEMBER 12, 2005
Councilmember Peirce requested to agendize discussion on Council's relationship with
community businesses — no staff report required.
Councilmember Winholtz requested to agendize the following: 1) discussion on
affordable and sustainable housing at the first meeting in January - Councilmember
DeMeritt and Mayor Peters concurred; 2) discussion on the letter received from the
Harbor Advisory Board regarding annexation — no staff report required; and 3) discussion
on agenda items for the joint meeting with Planning Commission on February 6, 2006.
A. CONSENT CALENDAR
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 NOVEMBER 14, 2005 CITY COUNCIL
MEETING; (ADMINISTRATION)
RECOMMENDATION: Approve as submitted.
® A-2 LETTER REGARDING SB 153 (CHESBRO) CALIFORNIA CLEAN WATER,
SAFE NEIGHBORHOOD PARKS, AND COASTAL PROTECTION ACT OF
2006; (CITY ATTORNEY)
RECOMMENDATION: Approve as submitted.
A-3 PROPOSAL TO USE PARK -IN -LIEU FUNDS TO PURCHASE
REPLACEMENT LIGHTS AT KEISER PARK; (RECREATION & PARKS)
RECOMMENDATION: Approve use of up to $13,000 of park-in-tieu funds to
replace the parking lot tights at Lila Keiser Park.
A4 RESOLUTION NO. 45-05 ADOPTING AMENDMENTS TO LEASES FOR
LEASE SITE 89-89W AND 90-90W LOCATED AT 875 EMBARCADERO;
(HARBOR)
RECOMMENDATION: Adopt Resolution No. 45-05.
A-5 RESOLUTION NO. 46-05 APPROVAL OF ASSIGNMENT OF LEASE SITE
89/89W LOCATED AT 845 EMBARCADERO; (HARBOR)
® RECOMMENDATION: Adopt Resolution No. 46-05.
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® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — DECEMBER 12, 2005
A-6 PROPOSED RECLASSIFICATION OF ADMINISTRATIVE TECHNICIAN
TO GRANTS/DEPARTMENT COORDINATOR; (ADMINISTRATION)
RECOMMENDATION: Adopt the proposed Housing Programs Coordinator
specifications and authorize reclassification of the Public Services
Administrative Technician to Housing Programs Coordinator.
A-7 ACCEPTANCE OF RESIGNATION BY COMMUNITY PROMOTIONS
COMMITTEE MEMBER; (ADMINISTRATION)
RECOMMENDATION: Accept Notice of Resignation.
A-8 LETTER TO CALIFORNIA DEPARTMENT OF FISH & GAME REGARDING
FLOOD CONTROL AND CREEK MAINTENANCE; (PUBLIC SERVICES)
RECOMMENDATION: Authorize the Mayor to sign the letter regarding
concerns with flood control and creek maintenance.
® Councilmember DeMeritt pulled Items A -I and A-6 from the Consent Calendar;
Councilmember Winholtz pulled Items A-3, A-4 and A-5; and Mayor Peters pulled Item
A-8.
MOTION: Councilmember Winholtz moved the City Council approve Items A-2 and
A-7 on the Consent Calendar. The motion was seconded by
Councilmember DeMeritt and carried unanimously. (5-0)
A-1 APPROVAL OF MINUTES FOR THE NOVEMBER 14, 2005 CITY COUNCIL
MEETING; (ADMINISTRATION)
Councilmember DeMeritt requested a correction be made to the minutes of November
14, 2005 City Council meeting, page 7, last paragraph; Council concurred.
MOTION: Councilmember DeMeritt moved the City Council approve Item A -I of
the Consent Calendar as amended. The motion was seconded by
Councilmember Winholtz and carried unanimously. (5-0)
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® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — DECEMBER 12, 2005
A-3 PROPOSAL TO USE PARK -IN -LIEU FUNDS TO PURCHASE
REPLACEMENT LIGHTS AT KEISER PARK; (RECREATION & PARKS)
Councilmember Winholtz requested clarification on the upgrades of Lila Keiser Park and
Del Mar Park. Assistant City Manager Andrea Lueker reviewed the upgrades that are
being performed at both Lila Keiser and Del Mar Parks.
MOTION: Councilmember Winholtz moved the City Council approve Item A-3 of
the Consent Calendar. The motion was seconded by Councilmember
DeMeritt and carried unanimously. (5-0)
A-4 RESOLUTION NO. 45-05 ADOPTING AMENDMENTS TO LEASES FOR
LEASE SITE 89-89W AND 90-90W LOCATED AT 875 EMBARCADERO;
(HARBOR)
Councilmember Winholtz referred to the Visitors Center building and how the City has
encouraged them to adopt a more nautical theme.
® MOTION: Councilmember Winholtz moved the City Council approve Item A-4 of
the Consent Calendar. The motion was seconded by Councilmember
Peirce and carved unanimously. (5-0)
A-5 RESOLUTION NO. 46-05 APPROVAL OF ASSIGNMENT OF LEASE SITE
89/89W LOCATED AT 845 EMBARCADERO; (HARBOR)
Councilmember DeMeritt asked what constitutes mixed -use on the Embarcadero. Harbor
Director Rick Algert responded mixed -use on the Embarcadero refers to different types
of businesses at one location.
MOTION: Councilmember Winholtz moved the City Council approve Item A-5 of
the Consent Calendar. The motion was seconded by Mayor Peters and
carried unanimously. (5-0)
A-6 PROPOSED RECLASSIFICATION OF ADMINISTRATIVE TECHNICIAN
TO GRANTS/DEPARTMENT COORDINATOR; (ADMINISTRATION)
Councilmember DeMeritt stated this job classification includes a 27% increase in
income; however, the salary and benefits will be paid out of CDBG funds and not the
general fund.
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® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — DECEMBER 12, 2005
MOTION: Councilmember DeMeritt moved the City Council approve Item A-6 of
the Consent Calendar. The motion was seconded by Councilmember
Peirce and carried unanimously. (5-0)
A-8 LETTER TO CALIFORNIA DEPARTMENT OF FISH & GAME REGARDING
FLOOD CONTROL AND CREEK MAINTENANCE; (PUBLIC SERVICES)
Mayor Peters pulled this item for public information, and requested a copy of this letter
be sent to our legislators.
MOTION: Councilmember Peters moved the City Council approve Item A-8 of the
Consent Calendar. The motion was seconded by Councilmember Peirce
and carried unanimously. (5-0)
B. PUBLIC HEARINGS. REPORTS & APPEARANCES — NONE.
C. UNFINISHED BUSINESS
® C-1 CONSIDERATION OF PUBLIC EDUCATION REGARDING RESIDENT
SURVEY AND FUTURE CONSIDERATION OF A COMPREHENSIVE CITY
REVENUE PROGRAM; (ADMINISTRATION)
City Manager Robert Hendrix stated in light of the significant fiscal challenges facing the
City, the City Council directed staff to contract with the Lew Edwards Group to conduct
a statistically valid survey of city voters and to report regarding the feasibility of a future
revenue measure. If feasible, staff was directed to return with an item for Council
consideration that included an action plan, schedule and budget for proceeding with the
next step of initiating a public information program, preparing for a possible revenue
ballot measure in 2006. While the analysis concluded that a general-purpose sales tax
ballot measure is feasible, it also concluded that its success depends upon an effective
public education and community outreach program. Staff is convinced that the proposed
work -scope, budget and recommended professional assistance provide the essential
elements for conducting an effective program. Mr. Hendrix recommended the City
Council receive the presentation by Catherine Lew of the Lew Edwards Group regarding
experiences in other cities with general revenue measures; authorize a mid -year
adjustment to the budget from the unreserved General Fund balance to fund an effective
program; and, authorize the City Manager to enter into an agreement with the Lew
Edwards Group for professional assistance in conducting an effective program.
The City Council received a PowerPoint presentation by Catherine Lew of the Lew
® Edwards Group on the Morro Bay Finance Measure Feasibility.
® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — DECEMBER 12, 2005
Councilmember DeMeritt stated she wants to pursue this ballot measure; however, she
does not want to expend funds that the City does not have to pay for a consultant. She
said this money could pay for a couple of positions in this City. Councilmember DeMeritt
stated the City should consider placing this initiative on the June ballot. She said the
community is aware that the sales tax is going to increase Countywide.
Councilmember Peirce stated he is enthused with the results of the survey; however, he
has some reservation with the cost for a consultant.
Councilmember Winholtz stated she is in favor of pursuing this initiative without a
consultant and with the use of volunteers as a campaign group. She said this community
is unique in that we were the only City in the County that approved the library and the
GE -free elements initiatives.
Councilmember Baxley stated this is a small amount of money to invest for this type of
accomplishment, and he would prefer to re-evaluate when the City receives the mid -year
budget review in January.
® Mayor Peters stated even without a consultant the City would have to pay to promote this
initiative.
MOTION: Councilmember Baxley moved the City Council approve the authorization
of a mid -year adjustment to the budget from the unreserved General Fund
balance to fund an effective program; and, authorize the City Manager to
enter into an agreement with the Lew Edwards Group for professional
assistance in conducting an effective program. The motion was seconded
by Councilmember Peirce and carried with Councilmember DeMeritt and
Councilmember Winholtz voting no. (3-2)
Mayor Peters called for a break at 7:58 p.m.; the meeting resumed at 8:10 p.m.
C-2 DISCUSSION ON COUNCIL REVIEW OF CITY EMPLOYMENT
VACANCIES; (ADMINISTRATION)
City Manager Robert Hendrix stated along with adoption of the budget last June, vacant
permanent positions were "frozen". Under the freeze, authorization from the City
Council is needed before recruitment can be initiated and the position filled. The City
Council later followed up with a decision that provided authority to re -fill any police
officer vacancies occurring during the budget year. In your most recent meeting, the City
® Council requested that information be provided on current and projected staff vacancies
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — DECEMBER 12, 2005
subject to the "freeze". Active recruitments are now underway for a police officer
vacancy and for one of the vacant dispatcher positions. City Council approval is still
required for authority to fill the second dispatch vacancy. Mr. Hendrix recommended the
City Council consider the current and projected position vacancies; authorize filling the
newest dispatch vacancy; authorize filling the Finance Director position when it becomes
vacant; and consider action on the projected Recreation & Parks position.
MOTION: Councilmember Peirce moved the City Council authorize recruitment for
Finance Director with a one -month transition period; and fill the Parks
Maintenance II (1/2 time) position. The motion was seconded by
Councilmember Baxley and carried unanimously. (5-0)
C-3 ESTABLISH CITY COUNCIL MEETING SCHEDULE FOR THE 2006
CALENDAR YEAR; (ADMINISTRATION)
City Manager Robert Hendrix stated staff is requesting the City Council consider
adopting a planned schedule of meetings for the 2006 calendar year. The resulting
schedule will call out the planned meeting dates for the year. Historically, while the City
® Council has cancelled and added meetings as needed, it has also generally cancelled a
meeting in either late June or early July and the second meeting in November. Mr.
Hendrix recommended the City Council approve a firm City Council meeting schedule
for the 2006 calendar year, consistent with Resolution No. 56-03; consider cancellation of
none, any or all of the following regular meetings: February 13, June 12, June 26, July
10, July 24, and November 27; consider scheduling special meetings for fifth Mondays
which are January 30, July 31, and October 30; and, approve the result of these decisions
as the City Council regular meeting calendar for calendar 2006.
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MOTION: Councilmember DeMeritt moved the City Council approve the City
Council meeting schedule canceling the July 24 and November 27, 2006
regular City Council meetings; reserving July 31 and October 30, 2006 for
special meetings; scheduling the February 13, 2006 meeting on February
14, 2006; and, scheduling the joint City Council/Planning Commission
meeting on February 6, 2006. The motion was seconded by
Councilmember Baxley and carried unanimously. (5-0)
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® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — DECEMBER 12, 2005
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C4 CONSIDERATION OF PROPOSED BY-LAWS FOR THE COMMUNITY
PROMOTIONS COMMITTEE; (ADMINISTRATION)
City Manager Robert Hendrix stated earlier the City Council met with the Community
Promotions Committee to discuss the role of the Committee. As a follow-up to that
discussion, the Promotions Committee considered on its October agenda amendments to
the Committee's by-laws related to the issue previously discussed with the City Council.
The Committee adopted the amended by-laws and requested City staff to forward them to
the City Council for consideration and approval. If the City Council approves the
changes to the by-laws, it is recommended they be approved by motion and referred to
the City Attorney so he may include them in the Advisory Group Handbook. Mr.
Hendrix recommended the City Council approve the amended Community Promotions
Committee by-laws, and refer to the City Attorney for inclusion in the Advisory
Committee handbook.
The City Council amended the proposed by-laws as follows: ...Annually, each
committee member will be required to familiarize themselves with the operation of the
Visitor Center by volunteering four -
hours per year on a weekend or summer day.
MOTION: Councilmember Peirce moved the City Council approve the proposed
Community Promotions Committee by-laws as amended by the City
Council. The motion was seconded by Councilmember DeMeritt and
carved unanimously. (5-0)
C-5 GRANT -FUNDED DIRECTIONAL SIGNAGE INSTALLATION PROGRAM;
(PUBLIC SERVICES)
Public Services Director Bruce Ambo stated in 2004, the Community Promotions
Committee, Chamber of Commerce and several other interested businesses and residents
developed a package of recommendations for eliminating obsolete or confusing sign text
and updating directions on the signage. Staff completed the changes to the existing
signage and returned with an option to study the development of a directional signage
program to strengthen community identity and help visitors find their way into and
around town. On October 25, 2004 the City Council authorized staff to develop the
directional signage program using CDBG program income funds from previous projects.
On May 23, 2005, the City Council approved the signage program, selected the sign
design, authorized staff to solicit proposals for two entry and two directional signs, and
directed staff to return with revised locations for sign installations. Mr. Ambo
recommended the City Council consider and approve the sign materials, provide direction
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® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — DECEMBER 12, 2005
on sign locations, and authorize the expenditure of past Community Development Block
Grant program income funds for the installation of directional signage.
MOTION: Councilmember Winholtz moved the City Council approve to retain the
entrance sign at Morro Bay Boulevard and Quintana Road; replace the
sign at Yerba Buena and Highway One to a high -density urethane foam
sign; place eight or more directional signs in the downtown area and two
highway signs all made of the "fossil' sign product. The motion was
seconded by Councilmember DeMeritt and carried unanimously. (5-0)
D. NEW BUSINESS
D-1 APPROVE ADVERTISING SCHEDULE AND SET MEETING DATE FOR
THE PURPOSE OF INTERVIEWING CANDIDATES TO FILL VACANCIES
ON ADVISORY COMMITTEES AND RELATED GROUPS;
(ADMINISTRATION)
City Manager Robert Hendrix stated the City Council is requested to set a date to
® interview applicants for upcoming vacancies on City Commissions and Advisory Boards.
It is also requested the City Council include in their interviews the Morro Bay Power
Plant (MBPP) Ad -Hoc Committee. The MBPP Ad -Hoc Committee is charged with
assessing redevelopment of the property and seeking funding sources to pursue
appropriate future uses. The Ad -Hoc Committee, consisting of two Council Members at
this point, has decided to expand to 14 members in January by added 12 members of the
community. The Ad -Hoc Committee requests that the City Council include the following
in the advertisement that is currently being prepared for the other vacant Commission and
Advisory Board vacancies. Mr. Hendrix recommended the City Council set a date to
interview applicants for upcoming vacancies on City Commissions and Advisory Boards,
including the MBPP Ad -Hoc Committee, and approve the advertisement of these
vacancies.
MOTION: Councilmember Baxley moved the City Council approve the advertising
dates for December 28, 2005 and January 4, 2006; deadline to receive
applications are set for January 13, 2006; and, interview dates are January
18, 2006 for commission and advisory board vacancies, and January 25,
2006 for the Morro Bay Power Plant Ad -Hoc Committee. The motion
was seconded by Councilmember Peirce and carried unanimously. (5-0)
11
® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — DECEMBER 12, 2005
D-2 REPORT AND PRELIMINARY RECOMMENDATIONS OF THE PUBLIC
WORKS ADVISORY BOARD REGARDING UNDERGROUND UTILITY
DISTRICT #7 — PROPOSED; (PUBLIC SERVICES)
This item was pulled from the agenda
D-3 DISCUSSION OF RESIDENTIAL VACATION RENTAL AND TRANSIENT
.00CUPANCY TAX REGULATIONS; (CITY ATTORNEY)
City Attorney Robert Schultz stated Mayor Peters brought this item forth as a Future
Agenda Item to discuss the lost Transient Occupancy Tax (TOT) from vacation rentals in
the City. He said his office researched various other cities and has found that some
tourist beach communities have a permit application process that requires all persons
renting a residential unit for a term of 30 days or less to apply for and obtain a permit.
Unfortunately, the City of Morro Bay does not have such a requirement, and therefore,
may be losing TOT revenues. Mr. Schultz stated it is his recommendation that the City
Council approves to add language to the Morro Bay Municipal Code requiring vacation
rentals to obtain a short-term lodging permit. In addition, Mr. Schultz, through his
® research, came across a unique surcharge that may raise revenue to promote tourism. It
basically allows a hotel operator to establish a rent surcharge in an amount not to exceed
$.50 per night. The full amount of the surcharges collected is then paid to a non-profit
chamber of commerce, non-profit visitor's bureau or other non-profit organization
dedicated to the promotion of tourism in the City. Mr. Schultz recommended the City
Council direct his office to add language to the Morro Bay Municipal Code requiring
vacation rentals to obtain a short-term lodging permit; and, Council should consider
whether to include a voluntary surcharge to help promote tourism.
MOTION: Councilmember Peirce moved the City Council direct the City Attorney to
draft a business license and transient occupancy permit mechanism for
vacation rentals. The motion was seconded by Councilmember DeMeritt
and carried unanimously. (5-0)
D-4 REVIEW OF ANNUAL WATER REPORT REQUIREMENTS (MORRO BAY
MUNICIPAL CODE CHAPTER 13.20 — WATER; (CITY ATTORNEY)
City Attorney Robert Schultz stated pursuant to Morro Bay Municipal Code Sections
13.20.030 to 13.20.060, the Planning Director is required to prepare an annual water
report and present it at a planning commission meeting and at a City Council meeting.
The main purpose of the report is to describe what uses received water equivalency
allocations in the past year and to make a recommendation for the next year. Section
® 13.20.030 to 13.20.060 was enacted in 1985 when Morro Bay had a limited amount of
12
® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — DECEMBER 12, 2005
water resources. Today those water restrictions no longer exist. Based upon the current
status of our water resources, the time it takes staff to prepare the annual water report,
and the time to prepare and attend two public hearings, staff has requested the City
Attorney to prepare this matter for the Council's consideration. Mr. Schultz
recommended the City Council direct his office to prepare an amendment thereby
deleting Sections 13.20.030 to 13.20.060 of the Morro Bay Municipal Code. In its place,
the City Attorney recommended that an annual water report still be prepared that
describes the amount of water usage for the year and the number of permits issues, but
that no public hearing be required unless ordered by the City Council.
MOTION: Councilmember DeMeritt moved the City Council amend Morro Bay
Municipal Code Sections 13.20.030 to 13.20.060 by placing the annual
water report on Consent Calendar, and send a summary out in the next
month's water bills. The motion was seconded by Councilmember Peirce
and carried unanimously. (5-0)
ADJOURNMENT
® The meeting adjourned at 10:19 p.m.
Recorded by:
&A�e\&Xp�
Bridgett Bauer
City Clerk
l
13
City of Morro Bay
City Council Agenda
Mission Statement
The City of Morro Bay is dedicated to the preservation and enhancement of the quality
of life. The City shall be committed to this purpose and will provide a level of
municipal service and safety consistent with and responsive to the needs of the public.
REGULAR MEETING - NOVEMBER 28, 2005
THIS MEETING HAS BEEN
CANCELED.
11
® NOTICE OF SPECIAL MEETING
NOTICE IS HEREBY GIVEN that the Morro Bay City Council will be holding
a Special Meeting on Thursday, November 17, 2005 at 5:30 p.m. to be held in the
Community Center Multi Purpose Room located at 1001 Kennedy Way, Morro Bay,
California.
The City Council will be previewing the agenda for the Morro Bay/Cayucos
Sanitary District Joint Powers Authority meeting as follows:
A. CONSENT CALENDAR
1. Minutes of October 20, 2005 Meeting— Recommend approve.
2. Wastewater Treatment Plant Operations Report through September 2005
(Keogh) - recommend receive and file.
3. Financial Status Report as of September 2005 (Koser) — recommend receive
and file.
B. UNFINISHED BUSINESS
1. Status Report on the Full Secondary WWTP Upgrade 91/2 Year Time
Schedule (Keogh) — recommend receive and file
C. NEW BUSINESS
® 1. Invoice for First Quarter of FY 2005 — 2006 (Koser) — recommend approve
2. Invoice for Fourth Quarter FY 2004 — 2005 (Koser) — recommend approve
3. Consideration to Issue Request for Proposal (RFP) for Facility Master Plan for
W WTP upgrade (Keogh) — recommend approve
4. Schedule Next Joint Meeting and Agenda Items
The City Council will adjourn to the Morro Bay/Cayucos Sanitary District
Joint Powers Authority meeting that will begin at 7:00 p.m., and will be held in the
Community Center Multi Purpose Room located at 1001 Kennedy Way, Morro Bay,
California.
IN COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT, IF
YOU NEED SPECIAL ASSISTANCE TO PARTICIPATE IN A CITY MEETING,
PLEASE CONTACT THE CITY CLERK'S OFFICE AT LEAST 24 HOURS
PRIOR TO THE MEETING TO INSURE THAT REASONABLE
ARRANGEMENTS CAN BE MADE TO PROVIDE ACCESSIBILITY TO THE
MEETING.
DATED: November 9, 2005
® Bridgett Muer, City Clerk
® City of Morro Bay
City Council Agenda
Mission Statement
The City of Morro Bay is dedicated to the preservation and enhancement of the quality
of life. The City shall be committed to this purpose and will provide a level of
municipal service and safety consistent with and responsive to the needs of the public.
REGULAR MEETING — NOVEMBER 14, 2005
CLOSED SESSION — NOVEMBER 14, 2005
CITY HALL CONFERENCE ROOM - 5:00 P.M.
595 HARBOR ST., MORRO BAY, CA
CS-1 GOVERNMENT CODE SECTION 54956.8. REAL 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 one (1) parcel.
Pro e : 845 Embarcadero, Lease Site 89/89W.
Negotiating.Parties: Joseph Steinmann and City of Morro Bay.
Negotiations: Lease Terms and Conditions.
CS-2 GOVERNMENT CODE SECTION 54957: PERSONNEL ISSUES.
Discussions regarding Personnel Issues including one (1) public employee
regarding evaluation, specifically the City Attorney.
IT IS NOTED THAT THE CONTENTS OF CLOSED SESSION MEETINGS
ARE CONFIDENTIAL AND EXEMPT FROM DISCLOSURE.
® PUBLIC SESSION — NOVEMBER 14, 2005
VETERANS MEMORIAL HALL - 6:00 P.M.
209 SURF ST., MORRO BAY, CA
ESTABLISH QUORUM AND CALL TO ORDER
MOMENT OF SILENCE
PLEDGE OF ALLEGIANCE
MAYOR AND COUNCILMEMBERS ANNOUNCEMENTS & PRESENTATIONS
CLOSED SESSION REPORT
PUBLIC COMMENT PERIOD - Members of the audience wishing to address the
Council on City business matters (other than Public Hearing items under Section B) may
do so at this time.
To increase the effectiveness of the Public Comment Period, the following rules shall be
followed:
• When recognized by the Mayor, please come forward to the podium and state
your name and address for the record. Comments are to be limited to three
minutes.
• All remarks shall be addressed to Council, as a whole, and not to any
individual member thereof.
® • The Council respectfully requests that you refrain from making slanderous,
profane or personal remarks against any elected official, commission and/or
staff.
• Please refrain from public displays or outbursts such as unsolicited applause,
comments or cheering.
• Any disruptive activities that substantially interfere with the ability of the City
Council to carry out its meeting will not be permitted and offenders will be
requested to leave the meeting.
• Your participation in City Council meetings is welcome and your courtesy
will be appreciated.
In compliance with the Americans with Disabilities Act, if you need special assistance to
participate in this meeting, please contact the City Clerk, (805) 772-6205. Notification 72
hours prior to the meeting will enable the City to make reasonable arrangements to ensure
accessibility to this meeting.
COUNCIL DECLARATION OF FUTURE AGENDA ITEMS
A. CONSENT CALENDAR
Unless an item is pulled for separate action by the City Council, the following actions are
approved without discussion.
2
® A -I APPROVAL OF MINUTES FOR THE OCTOBER 24, 2005 CITY COUNCIL
MEETING; (ADMINISTRATION)
RECOMMENDATION: Approve as submitted.
A-2 RESOLUTION NO. 42-05 ADOPTING COMPREHENSIVE CITY E-MAIL
POLICY; (CITY ATTORNEY)
RECOMMENDATION: Adopt Resolution No. 42-05.
A-3 NOTICE OF COMPLETION OF BLANCA TANK REPLACEMENT
PROJECT; (PUBLIC SERVICES)
RECOMMENDATION: Accept the Project as completed by Wysong
Construction Company, and authorize the filing of the Notice of Completion.
A4 AWARD OF CONTRACT FOR CITY DOCK ICE PLANT REPLACEMENT;
(I IARBOR)
RECOMMENDATION: Award bid to Associated Pacific Constructors, Inc. in
the amount of $138,000.00.
® A-5 RESOLUTION NO. 43-05 AUTHORIZING SUBMITTAL OF A RURAL
TRANSIT FUND GRANT APPLICATION; (ADMINISTRATION)
RECOMMENDATION: Adopt Resolution No. 43-05.
A-6 PROPOSED BY-LAWS FOR THE COMMUNITY PROMOTIONS COMMITTEE;
(ADMINISTRATION)
RECOMMENDATION: Approve the amended by-laws for the Community
Promotions Committee.
A-7 PROCLAMATION CONGRATULATING THE ECONOMIC OPPORTUNITY
COMMISSION ON ITS 40TH ANNIVERSARY; (ADMINISTRATION)
RECOMMENDATION: Adopt Proclamation.
B. PUBLIC HEARINGS. REPORTS & APPEARANCES
B-1 RESOLUTION NO. 44-05 APPROVING AGREEMENT TO LEASE AND
LEASE AGREEMENT BETWEEN DUKE ENERGY AND CITY OF MORRO
BAY; (CITY ATTORNEY)
RECOMMENDATION: Adopt Resolution No. 44-05.
3
® C. UNFINISHED BUSINESS
C-1 REVIEW OF GRANT FUNDED DIRECTIONAL SIGNAGE INSTALLATION
PROGRAM; (PUBLIC SERVICES)
RECOMMENDATION: Consider and approve the sign materials, provide
direction on sign locations, and authorize the expenditure of past Community
Development Block Grant program income funds for the installation of the
directional signs.
D. NEW BUSINESS
D-I PRESENTATION ON COOPERATIVE HOUSING; (CITY COUNCIL)
RECOMMENDATION: Receive presentation, and discuss what steps the City can
take with community partners to address the housing crisis in Morro Bay.
D-2 DISCUSSION ON COUNCIL REVIEW OF CITY EMPLOYMENT
VACANCIES; (CITY COUNCIL)
RECOMMENDATION: Authorize filling the newest dispatch vacancy, the
Finance Director position when it becomes vacant; consider action on the
projected Recreation & Parks position, and further direct staff accordingly.
® D-3 CITY COUNCIL MEETING SCHEDULE FOR THE 2006 CALENDAR YEAR;
(ADMINISTRATION)
RECOMMENDATION: Consider the meeting schedule for the 2006 calendar
year, and direct staff accordingly.
E. ADJOURNMENT
THIS AGENDA IS SUBJECT TO AMENDMENT UP TO 72 HOURS PRIOR TO THE DATE AND
TIME SET FOR THE MEETING. PLEASE REFER TO THE AGENDA POSTED AT CITY
HALL FOR ANY REVISIONS OR CALL THE CLERK'S OFFICE AT 772-6200 FOR FURTHER
INFORMATION.
COPIES OF STAFF REPORTS OR OTHER PUBLIC DOCUMENTATION RELATING TO
EACH ITEM OF BUSINESS REFERRED TO ON THIS AGENDA ARE ON FILE IN THE
OFFICE OF THE CITY CLERK AND AVAILABLE FOR PUBLIC INSPECTION AND
REPRODUCTION AT COST AT CITY HALL, LIBRARY, AND MILLS STATIONERY.
IN COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT; IF YOU NEED
SPECIAL ASSISTANCE TO PARTICIPATE IN A CITY MEETING, PLEASE CONTACT THE
CITY CLERK'S OFFICE AT LEAST 24 HOURS PRIOR TO THE MEETING TO INSURE THAT
REASONABLE ARRANGEMENTS CAN BE MADE TO PROVIDE ACCESSIBILITY TO THE
MEETING.
11
® MINUTES - MORRO BAY CITY COUNCIL
CLOSED SESSION —NOVEMBER 14, 2005
CITY HALL CONFERENCE ROOM - 5:00 P.M.
Mayor Peters called the meeting to order at 5:00 p.m
PRESENT: Janice Peters
Mayor
Thad Baxley
Councilmember
Melody DeMeritt
Councilmember
William Peirce
Councilmember
Betty Winholtz
Councilmember
STAFF: Robert Hendrix
City Manager
Robert Schultz
City Attorney
CLOSED SESSION
MOTION: Councilmember Peirce moved the meeting be adjourned to Closed
Session. The motion was seconded by Councilmember Baxley and
unanimously carried. (5-0)
Mayor Peters read the Closed Session Statement.
® CS-1 GOVERNMENT CODE SECTION 54956.8; REAL 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 one (1) parcel.
Pro : 845 Embarcadero, Lease Site 89/89W.
Ne og tiating Parties: Joseph Steinmann and City of Morro Bay.
Negotiations: Lease Terms and Conditions.
CS-2 GOVERNMENT CODE SECTION 54957; PERSONNEL ISSUES.
Discussions regarding Personnel Issues including one (1) public employee
regarding evaluation, specifically the City Attorney.
The meeting adjourned to Closed Session *at 5:00 p.m. and returned to regular session at
5:45 p.m.
MOTION: Councilmember Peirce moved the meeting be adjourned. The motion was
seconded by Councilmember Winholtz and unanimously carried. (5-0)
The meeting adjourned at 5:45 p.m.
LI
C
C�
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — NOVEMBER 14, 2005
VETERANS MEMORIAL HALL - 6:00 P.M.
Mayor Peters called the meeting to order at 6:00 p.m.
PRESENT: Janice Peters Mayor
Thad Baxley
Melody DeMeritt
William Peirce
Betty Winholtz
STAFF: Robert Hendrix
Andrea Lueker
Robert Schultz
Bridgett Bauer
Rick Algert
Bruce Ambo
Frank Cunningham
John DeRohan
Mike Pond
Jim Koser
ESTABLISH QUORUM AND CALL TO ORDER
MOMENT OF SILENCE
PLEDGE OF ALLEGIANCE
MAYOR'S REPORTS & ANNOUNCEMENTS
Councilmember
Councilmember
Councilmember
Councilmember
City Manager
Assistant City Manager
City Attorney
City Clerk
Harbor Director
Public Services Director
City Engineer
Police Chief
Fire Chief
Finance Director
CLOSED SESSION REPORT - City Attorney Robert Schultz reported the City Council
met in Closed Session, and no reportable action under the Brown Act was taken.
PUBLIC COMMENT
Hank Roth announced the annual Thanksgiving Dinner hosted by the Rotary Club and
Peace Officers Association would take place at the Community Center from 1-3 pm; also
meals can be delivered. He also stated the Caroling Cop Car and Christmas Trolley will
be driving throughout the City on December 5`" — 7'". Mr. Roth noted a scam has been
reported regarding pharmaceuticals, and urged citizens not to give out private information
over the telephone.
Ric Deschler requested the City provide the results of the survey performed regarding an
initiative on tax increases to the public.
2
® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — NOVEMBER 14, 2005
Kim Kimball stated the recent Central Coast Guide is available. She also noted that next
year the Morro Bay Chamber of Commerce would be celebrating its 50"' year
anniversary. Ms. Kimball also announced the Lighted Boat Parade would take place on
December 3rd
Jim Nance addressed how money has changed the character of Morro Bay.
Betty Forsythe announced the sixth annual Books, Things and Collectibles sale will be
held on Saturday, November 19'h from 11 am — 4 pm at the library.
Ed Biaggini addressed Item A-6 (Proposed By -Laws For The Community Promotions
Committee) and requested the City Council approve the by-laws as presented.
Ray McKelligott stated there is a safety problem with the driveway leading to the Blue
Heron Mobile Home Park, and requested the City paint white lines on either side of the
driveway for better visibility.
Bruce Gibson announced the Vision 2050 workshop would be held on Saturday,
November 19`s from 8:30 am — 1:00 pm at the Morro Bay Veterans Building.
® Bill Davies reviewed past measures voted on by the citizens of Morro Bay regarding the
Duke Energy Power Plant and its site.
Keith Taylor (Friends of the Morro Bay Fire Department) announced a raffle would be
held at the Christmas Tree Lighting in support of the Fire Department.
Ken Vesterfelt reviewed the Police Department statistics, and asked that the police
department be brought back to the 1964 standards.
Lynda Merrill addressed the demise of Jane Marketello who was involved in City issues.
Bill Woodson stated there is funding through the San Luis Obispo Council of
Governments for a Class I Community Path in Morro Bay. He also suggested using
volunteers to clean the creek beds in Morro Bay.
Susan Heinemann expressed concern with the lack of public knowledge on City
budgetary issues.
David Nelson expressed opposition to the lease agreement with Duke Energy. He also
agreed the walking path on State Park Road needs improvement. Mr. Nelson stated the
survey that was recently performed was a waste of taxpayer's money. He also addressed
® the fine paid by Duke Energy for pollution created by the plant.
3
® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — NOVEMBER 14, 2005
John Barta announced the Merchants Street Faire would be held on Sunday, November
27th from 9:00 am — 4:00 pm.
Mayor Peters closed the hearing for public comment.
DECLARATION OF FUTURE AGENDA ITEMS
Councilmember Winholtz requested to agendize the review of the Morro Bay State Park
Circulation Plan and City Bikeway Plan; Mayor Peters and Councilmember DeMeritt
concurred.
Councilmember DeMeritt requested to agendize sending a letter of support for SB 153
(California Clean Water, Safe Neighborhood Parks, and Coastal Protection Act of 2006);
Mayor Peters and Councilmember Winholtz concurred.
Mayor Peters called for a break at 7:04 p.m.; the meeting resumed at 7:15 p.m.
A. CONSENT CALENDAR
Is Unless an item is pulled for separate action by the City Council, the following actions are
approved without discussion.
CJ
A-1 APPROVAL OF MINUTES FOR THE OCTOBER 24, 2005 CITY COUNCIL
MEETING; (ADMINISTRATION)
RECOMMENDATION: Approve as submitted.
A-2 RESOLUTION NO. 42-05 ADOPTING COMPREHENSIVE CITY E-MAIL
POLICY; (CITY ATTORNEY)
RECOMMENDATION: Adopt Resolution No. 42-05.
A-3 NOTICE OF COMPLETION OF BLANCA TANK REPLACEMENT
PROJECT; (PUBLIC SERVICES)
RECOMMENDATION: Accept the Project as completed by Wysong
Construction Company, and authorize the filing of the Notice of Completion.
M
® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — NOVEMBER 14, 2005
A-4 AWARD OF CONTRACT FOR CITY DOCK ICE PLANT REPLACEMENT;
(HARBOR)
RECOMMENDATION: Award bid to Associated Pacific Constructors, Inc. in
the amount of $138,000.00.
A-5 RESOLUTION NO. 43-05 AUTHORIZING SUBMITTAL OF A RURAL
TRANSIT FUND GRANT APPLICATION; (ADMINISTRATION)
RECOMMENDATION: Adopt Resolution No. 43-05.
A-6 PROPOSED BY-LAWS FOR THE COMMUNITY PROMOTIONS COMMITTEE;
(ADMINISTRATION)
RECOMMENDATION: Approve the amended by-laws for the Community
Promotions Committee.
A-7 PROCLAMATION CONGRATULATING THE ECONOMIC OPPORTUNITY
® COMMISSION ON ITS 40TH ANNIVERSARY; (ADMINISTRATION)
RECOMMENDATION: Adopt Proclamation.
u
Mayor Peters pulled Item A-1 from the Consent Calendar; Councilmember Winholtz pulled
Items A4 and A-6.
MOTION: Councilmember DeMeritt moved the City Council approve the Consent
Calendar with the exception of Items A-1, A4 and A-6. The motion was
seconded by Councilmember Winholtz and carried unanimously. (5-0)
A-1 APPROVAL OF MINUTES FOR THE OCTOBER 24, 2005 CITY COUNCIL
MEETING; (ADMINISTRATION)
Mayor Peters referred to page 6, line 1 of the minutes and requested an amendment to her
comment.
MOTION: Mayor Peirce moved the City Council approve Item A-1 of the Consent
Calendar as amended. The motion was seconded by Councilmember
Baxley and carried unanimously. (5-0)
5
® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — NOVEMBER 14, 2005
A-4 AWARD OF CONTRACT FOR CITY DOCK ICE PLANT REPLACEMENT;
(HARBOR)
Councilmember Winholtz asked why there was such a discrepancy in the bids received
for the project. She also asked about the original bid referenced in the staff report.
Harbor Director Rick Algert responded he thought it was the discrepancy was unusual
but they are a qualified bidder. Mr. Algert also noted originally the budget for this
project was estimated at $180,000, and the original bids came in at $300,000, which was
rejected. The project was redesigned and placed for a re -bid in which Associated Pacific
came in with the lowest bid.
MOTION: Councilmember Winholtz moved the City Council approve Item A4 of
the Consent Calendar. The motion was seconded by Councilmember
Peirce and carried unanimously. (5-0)
A-6 PROPOSED BY-LAWS FOR THE COMMUNITY PROMOTIONS COMMITTEE;
(ADMINISTRATION)
® MOTION: Mayor Peters moved the City Council continue Item A-6 to the December
12, 2005 City Council meeting. The motion was seconded by
Councilmember Winholtz and carried unanimously. (5-0)
B. PUBLIC HEARINGS. REPORTS & APPEARANCES
B-1 RESOLUTION NO. 44-05 APPROVING AGREEMENT TO LEASE AND
LEASE AGREEMENT BETWEEN DUKE ENERGY AND CITY OF MORRO
BAY; (CITY ATTORNEY)
City Attorney Robert Schultz stated although the City does not have regulatory authority
over the Power Plant, it does administer the Outfall Lease. The heated discharge water
from the Power Plant is pumped through subterranean pipes that traverse City -
administered property, which is subject to the Public Trust for Commerce, Navigation
and Fisheries. The heated water is then discharged into Estero Bay through a discharge
canal located at the base of Morro Rock. The City also uses the outfall discharge system
for brine discharge from its desalination facility. The City administers the Public Trust
lands as the trustee for the State of California, which conveyed the Public Trust lands first
to the County of San Luis Obispo and then to the City upon its incorporation. As
administrators of public trust lands, the City is required to manage tidelands through
statute and implementation of the Public Trust Doctrine. Uses on public trust lands must
serve statewide, as opposed to purely local, public purposes. The existing Outfall Lease
® was entered into between the County and PG&E on November 15, 1954, and expired on
11
® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — NO VEMBER 14, 2005
November 15, 2004. With the expiration of the Outfall Lease in November 2004, staff
has negotiated a new Outfall Lease Agreement and is presenting the Agreement to Lease
and Outfall Lease to Council for approval and execution. Mr. Schultz recommended the
City Council adopt Resolution No. 44-05 authorizing the execution of the Agreement to
Lease and Outfall Lease between the City and Duke Energy.
Mayor Peters opened the hearing for public comment.
The following people expressed support for the Agreement to Lease and Outfall Lease
between the City and Duke Energy: Randy Hickock, Ken Vesterfelt, Ed Ewing, Dannie
Tope, Dan Glessman, Stan House, Bill Woodson, Bob Dixon, Hal Tune, Jeremiah O'Brien,
John Barta, Rodger Anderson, Dan Reddell, John Lomison, Lenny McKay, and Nancy
Johnson.
The following people expressed opposition to signing the Agreement to Lease and
Outfall Lease between the City and Duke Energy: Andrew Christie, Jiro Nance, Michael
Durick, Noah Smukler, Peter Risley, Richard Sidowski, Marla Bruton, Joey Racano,
David Weisman, Roy Kline, Nelson Sullivan, Grant Crowell, David Nelson, Daniella
Amon, Bonnie Phillips, and Roger Ewing.
® Bill Quigley requested Council obtain expert help and be cautious in making this
decision.
Burt Whitley asked why there is no cost of living inflation with this 50-year lease.
Mayor Peters closed the public comment hearing.
Councilmember Winholtz stated she has a difficult time approving a lease that offers less
than what was proposed during the Memorandum of Understanding discussions in 2000.
She said it is not to the benefit of the City's future or the future of the youth of Mono
Bay to sell out for 1.5 million dollars. Councilmember Winholtz stated there are no
guarantees with this agreement, and she would rather not sign the lease at this time and
wait to see what happens with the sale of the plant.
Councilmember Baxley stated the lease has been drawn up and negotiated for some time,
and he supports the lease agreement.
Councilmember DeMeritt stated from 1954 until 1998, when Duke Energy bought the
power plant, this City received nothing from the power plant. She said this City could
survive today without any revenue from the power plant. Councilmember DeMeritt
noted the Harbor Department has never received a dime from the power plant, and
® they've survived. She said the City received $6.5 million during the two-year so-called
`]
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — NOVEMBER 14, 2005
energy crisis and used it to purchase property and hire consultants. Councilmember
DeMeritt stated by policy the City had to put the $1 million payment from Duke into
Reserves. She said none of it could serve a public need this year. Councilmember
DeMeritt noted that the money was such a small amount that it could only pay the
salaries of top department heads for one year. She said the City didn't have problems
until Duke Energy entered the picture.
Councilmember Peirce stated if there is no natural gas left, by law the power plant would
be removed. He said the City has made a profit on the properties bought and sold.
Councilmember Peirce stated he is in support of executing the lease..
Mayor Peters stated in the early 1990's the City's finances were difficult and there were
layoffs that took place. She said the City went through very difficult negotiations when
Duke Energy first came to the City, and a staff member worked very hard and obtained
advantages that we would not have otherwise. Mayor Peters stated this is a solid
agreement for the City, and based on a conversation with the CEC, this is going to be a
power plant for another two years and the City has no control on who Duke Energy sells
this power plant to.
® MOTION: Councilmember Baxley moved the City Council adopt Resolution No. 44-
05 authorizing the execution of the Agreement to Lease and Outfall Lease
between the City and Duke Energy. The motion was seconded by
Councilmember Peirce and carried on the following roll -call vote:
AYES: Baxley, Peirce, Peters
NOES: DeMeritt, Winholtz
ABSENT: None
C. UNFINISHED BUSINESS
C-1 REVIEW OF GRANT FUNDED DIRECTIONAL SIGNAGE INSTALLATION
PROGRAM; (PUBLIC SERVICES)
MOTION: Mayor Peters moved the City Council continue Item C-1 to the December
12, 2005 City Council meeting. The motion was seconded by
Councilmember Baxley and carried unanimously. (5-0)
9
® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — NOVEMBER 14, 2005
D. NEW BUSINESS
D-1 PRESENTATION ON COOPERATIVE HOUSING; (CITY COUNCIL)
Councilmember Winholtz stated in 2002, the Regional Housing Needs Plan prepared by
the San Luis Obispo Council of Governments adopted numerical targets for" the
development of housing units in the state -mandated Housing Element update that each of
the seven incorporated cities and the County of San Luis Obispo are to accomplish within
a specified period of time. Though the City has zoned for the appropriate quantity of
housing required by the State, the City is not fulfilling the lower -end categories of
affordability. Councilmember Winholtz introduced Jerry Rioux of the San Luis Obispo
County Housing Trust Fund, and Mikel Robertson of the SLO Green Build Program who
presented Council with possibilities and opportunities as to what is going on in the
County, State and Country regarding affordable and sustainable housing. Mr. Rioux's
presentation included such options as community land triists, and Mr. Robertson's
presentation included the Green Builder Guidelines and Memorandum of.Understandings
with the County's cities.
This was an informational item, and no action was taken.
® D-2 DISCUSSION ON COUNCIL REVIEW OF CITY EMPLOYMENT
VACANCIES; (CITY COUNCIL)
El
City Manager Robert Hendrix reported along with adoption of the budget last June,
vacant permanent positions were "frozen". Under the freeze, authorization from the City
Council is needed before recruitment can be initiated and the position filled. The City
Council later followed up with a decision that provided authority to re -fill any police
officer vacancies occurring during the budget year. In your most recent meeting, the City
Council requested that I provide information on current and projected staff vacancies
subject to the "freeze". Active recruitments are now underway for a police officer
vacancy and for one of the vacant dispatcher positions. City Council approval is still
required for authority to fill the second dispatch vacancy. Mr. Hendrix recommended the
City Council consider the current and projected position vacancies; authorize filling the
newest dispatch vacancy; authorize filling the Finance Director position when it becomes
vacant; and consider action on the projected Recreation & Parks half-time parks position.
MOTION: Councilmember Peirce moved the City Council direct staff to fill the
vacant dispatch position. The motion was seconded by Councilmember
Baxley and carried unanimously. (5-0)
0
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — NOVEMBER 14, 2005
MOTION: Councilmember Peirce moved the City Council continue discussion on the
remainder City employment vacancies at the December 12, 2005 City
Council meeting. The motion was seconded by Councilmember Baxley
and carried unanimously. (5-0)
D-3 CITY COUNCIL MEETING SCHEDULE FOR THE 2006 CALENDAR YEAR;
(ADMINISTRATION)
MOTION: Councilmember Baxley moved the City Council continue Item D-3 to the
December 12, 2005 City Council meeting. The motion was seconded by
Councilmember Winholtz and carried unanimously. (5-0)
ADJOURNMENT
The meeting adjourned at 10:51 p.m.
(Recorded by:
® Bridgett Bauer
City Clerk
C
[to]
4 City of Morro Bay
City Council Agenda
Mission Statement
The City of Morro Bay is dedicated to the preservation and enhancement of the quality
of life. The City shall be committed to this purpose and will provide a level of
municipal service and safety consistent with and responsive to the needs of the public.
REGULAR MEETING — OCTOBER 24, 2005
CLOSED SESSION — OCTOBER 24, 2005
CITY HALL CONFERENCE ROOM - 5:00 P.M.
595 HARBOR ST., MORRO BAY, CA
CS-1 GOVERNMENT CODE SECTION 54956.8; REAL PROPERTY
® TRANSACTIONS. Instructing City's real property negotiators regarding the
price and terms of payment for the purchase, sale, exchange, or lease of real
property.
• Property: One Acre Land at the Corner of Jacinto Street and SRI
Negotiating Parties: City and Keyoto-Morro Bay, Inc.
Negotiations: Sale Terms
CS-2 GOVERNMENT CODE SECTION 54957; PERSONNEL ISSUES.
Discussions regarding Personnel Issues including one (2) public employees
regarding evaluation, specifically the City Manager and City Attorney.
IT IS NOTED THAT THE CONTENTS OF CLOSED SESSION MEETINGS
ARE CONFIDENTIAL AND EXEMPT FROM DISCLOSURE.
1J
PUBLIC SESSION — OCTOBER 24, 2005
VETERANS MEMORIAL HALL - 6:00 P.M.
209 SURF ST., MORRO BAY, CA
ESTABLISH QUORUM AND CALL TO ORDER
MOMENT OF SILENCE
PLEDGE OF ALLEGIANCE
MAYOR AND COUNCILMEMBERS ANNOUNCEMENTS & PRESENTATIONS
CLOSED SESSION REPORT
PUBLIC COMMENT PERIOD - Members of the audience wishing to address the
Council on City business matters (other than Public Hearing items under Section B) may
do so at this time.
To increase the effectiveness of the Public Comment Period, the following rules shall be
followed:
• When recognized by the Mayor, please come forward to the podium and state
your name and address for the record. Comments are to be limited to three
minutes.
• All remarks shall be addressed to Council, as a whole, and not to any
individual member thereof.
® • The Council respectfully requests that you refrain from making slanderous,
profane or personal remarks against any elected official, commission and/or
staff.
• Please refrain from public displays or outbursts such as unsolicited applause,
comments or cheering.
• Any disruptive activities that substantially interfere with the ability of the City
Council to carry out its meeting will not be permitted and offenders will be
requested to leave the meeting.
• Your participation in City Council meetings is welcome and your courtesy
will be appreciated.
In compliance with the Americans with Disabilities Act, if you need special assistance to
participate in this meeting, please contact the City Clerk, (805) 772-6205. Notification 72
hours prior to the meeting will enable the City to make reasonable arrangements to ensure
accessibility to this meeting.
COUNCIL DECLARATION OF FUTURE AGENDA ITEMS
A. CONSENT CALENDAR
Unless an item is pulled for separate action by the City Council, the following actions are
approved without discussion.
A -I APPROVAL OF MINUTES FOR THE REGULAR MEETINGS OF SEPTEMBER
26, 2005 AND OCTOBER 10, 2005; (ADMINISTRATION)
RECOMMENDATION: Approve as submitted.
A-2 INVESTMENT REPORT - AUGUST 2005; (FINANCE)
RECOMMENDATION: Receive report for information.
A-3 QUARTERLY BUDGET STATUS REPORT; (FINANCE)
RECOMMENDATION: Receive report for information.
A4 APPROVAL OF 2020 VISION REPORT FINAL VERSION; (ADMINISTRATION)
RECOMMENDATION: Approve the final version of the 2020 Vision Report
with amendments.
A-5 RESOLUTION NO.39-05 ADOPTING COMPREHENSIVE CITY E-MAIL
POLICY; (CITY ATTORNEY)
RECOMMENDATION: This item has been pulled from the agenda.
® A-6 CANCELLATION OF THE NOVEMBER 28, 2005 CITY COUNCIL MEETING;
(ADMINISTRATION)
RECOMMENDATION: Cancel the November 28, 2005 City Council meeting.
A-7 RESOLUTION NO.40-05 ADOPTING AMENDMENTS TO LEASES FOR
LEASE SITE 89-89W AND 90-90W LOCATED AT 875 EMBARCADERO.
(HARBOR)
RECOMMENDATION: Adopt Resolution No. 40-05.
A-8 RESOLUTION NO.41-05 ADOPTING ASSIGNMENT OF LEASE AGREEMENT
FOR LEASE SITE 96-96W LOCATED AT 945 EMBARCADERO; (HARBOR)
RECOMMENDATION: Adopt Resolution No. 41-05.
A-9 PROCLAMATION DECLARING OCTOBER 2005 AS "FILIPINO HISTORY
MONTH'; (ADMINISTRATION)
RECOMMENDATION: Adopt Proclamation.
11
3
B. PUBLIC HEARINGS. REPORTS & APPEARANCES
B-1 APPEAL OF A PLANNING COMMISSION APPROVAL WITH
CONDITIONS OF AN EXPANSION TO A NON -CONFORMING SINGLE-
FAMILY RESIDENCE LOCATED AT 450 TAHITI STREET; (PUBLIC
SERVICES)
RECOMMENDATION: Consider the issues raised in the appeal and approve the
appeal, modifying the Planning Commission conditions to allow the
expansion, or provide further direction to staff.
B-2 PUBLIC HEARING ON FUNDING FOR THE PURCHASE AND
ALTERNATIVE USES FOR THE DUKE ENERGY POWER PLANT SITE;
(CITY ATTORNEY)
RECOMMENDATION: Receive power point presentation and public comment,
and direct staff accordingly.
C. UNFINISHED BUSINESS
C-1 STATUS REPORT ON DIRECTIONAL SIGNS PROGRAM; (PUBLIC
SERVICES)
® RECOMMENDATION: Consider . and approve the sign materials, provide
direction on sign locations, and authorize the expenditure of past Community
Development Block Grant program income funds for the installation of the
directional signs.
D. NEW BUSINESS
D-I REPORT ON LEGAL NOTICING METHODS; (CITY ATTORNEY)
RECOMMENDATION: Direct staff to inform applicants to exclusively work
with SLOCO DATA INC. in the preparation and mailings of all notices.
E. ADJOURNMENT
THIS AGENDA IS SUBJECT TO AMENDMENT UP TO 72 HOURS PRIOR TO THE DATE AND TIME
SET FOR THE MEETING. PLEASE REFER TO THE AGENDA POSTED AT CITY HALL FOR ANY
REVISIONS OR CALL THE CLERK'S OFFICE AT 772-6200 FOR FURTHER INFORMATION.
COPIES OF STAFF REPORTS OR OTHER PUBLIC DOCUMENTATION RELATING TO EACH ITEM OF
BUSINESS REFERRED TO ON THIS AGENDA ARE ON FILE IN THE OFFICE OF THE CITY CLERK
AND AVAILABLE FOR PUBLIC INSPECTION AND REPRODUCTION AT COST AT CITY HALL,
LIBRARY, AND MILLS STATIONERY.
IN COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT, IF YOU NEED SPECIAL
ASSISTANCE TO PARTICIPATE IN A CITY MEETING, PLEASE CONTACT THE CITY CLERK'S
® OFFICE AT LEAST 24 HOURS PRIOR TO THE MEETING TO INSURE THAT REASONABLE
ARRANGEMENTS CAN BE MADE TO PROVIDE ACCESSIBILITY TO THE MEETING.
11
let MINUTES - MORRO BAY CITY COUNCIL
16 CLOSED SESSION — OCTOBER 24, 2005
CITY HALL CONFERENCE ROOM - 5:00 P.M.
Mayor Peters called the meeting to order at 5:00 p.m.
PRESENT: Janice Peters
Mayor
Thad Baxley
Councilmember
Melody DeMeritt
Councilmember
William Peirce
Councilmember
Betty Winholtz
Councilmember
STAFF: Robert Hendrix
City Manager
Robert Schultz
City Attorney
CLOSED SESSION
MOTION: Councilmember Peirce moved the meeting be adjourned to Closed Session.
The motion was seconded by Councilmember Winholtz and unanimously
carried. (5-0)
Mayor Peters read the Closed Session Statement.
CS-1
TRANSACTIONS. Instructing City's real property negotiators regarding the price
and terms of payment for the purchase, sale, exchange, or lease of real property.
• Property: One Acre Land at the Comer of Jacinto Street and SRI
Negotiating Parties: City and Keyoto-Morro Bay, Inc.
Negotiations: Sale Terms
CS-2 GOVERNMENT CODE SECTION 54957, PERSONNEL ISSUES.
Discussions regarding Personnel Issues including one (2) public employees
regarding evaluation, specifically the City Manager and City Attorney.
The meeting adjourned to Closed Session at 5:00 p.m. and returned to regular session at
5:55 p.m.
MOTION: Councilmember Peirce moved the meeting be adjourned. The motion was
seconded by Councilmember Baxley and unanimously carried. (5-0)
The meeting adjourned at 5:55 p.m.
® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — OCTOBER 24, 2005
VETERANS MEMORIAL HALL - 6:00 P.M.
Mayor Peters called the meeting to order at 6:00 p.m.
PRESENT: Janice Peters Mayor
Thad Baxley .
Councilmember
Melody DeMeritt
Councilmember
William Peirce
Councilmember
Betty Winholtz
Councilmember
STAFF: Robert Hendrix
City Manager
Andrea Lueker
Assistant City Manager
Robert Schultz
City Attorney
Bridgett Bauer
City Clerk
Rick Algert
Harbor Director
Bruce Ambo
Public Services Director
John DeRohan
Police Chief
Mike Pond
Fire Chief
Mike Prater
Senior Planner
Jim Koser
Finance Director
®
ESTABLISH QUORUM AND CALL TO ORDER
MOMENT OF SILENCE
PLEDGE OF ALLEGIANCE
MAYOR'S REPORTS & ANNOUNCEMENTS
CLOSED SESSION REPORT - City Attorney Robert Schultz reported the City Council met
in Closed Session, and no reportable action under the Brown Act was taken.
PUBLIC COMMENT
Kim Kimball stated if the City does not sign the outfall lease, someone else will and the City
will not receive the revenue. She requested the Council consider the economy of the City
by signing the lease.
Hank Roth announced the next Neighborhood Watch informational meeting will be held on
October 26, 2005 at 6:00 p.m.
Keith Taylor stated the Morro Bay Fire Department Open House was a huge success.
Jessica Bream addressed Item A-4 of the Consent Calendar (Approval of the 2020 Vision
Report Final Version), and stated the Vision 2020 Committee unanimously approved the
Environmental Issue in the report. She expressed concern with some of the proposed
® amendments made to this report.
® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — OCTOBER 24, 2005
Bruce Gibson with the County Planning Commission stated a Community 2050 Workshop
would be held on November 19'h in Morro Bay. He said participants of this workshop
would be able to vote on various issues concerning the County. Mr. Gibson stated the
overall message of this workshop is the importance of regional interaction.
Ric Deschler stated the Vision 2020 Committee report should represent the committee's
work on community goals.
Steve St. Clair stated City bed tax should be .used to present events such as the Harbor
Festival.
Ed Dumong stated the Fish & Game Commission's Marine Protection Act would put
fishermen out of business. He said sea otters are wiping out the clam population in the bay.
Mr. Dumong stated if a lease is not signed with Duke Energy, the property should be given
back to the Indians.
Ed Sylvester addressed the proposed boardwalk, which will take away 33 parking spaces on
is the Embarcadero. He asked if the City would pay the in -lieu parking fees for the loss of
these parking spaces.
11
Phil Hill stated the Vision 2020 Committee worked hard to prepare a visionary report for
Morro Bay, and Council should not amend it.
Ken Vesterfelt stated the Cruisin' Morro Bay Car Show distributed $19,800 in funds equally
to the Police Explorers, Chamber of Commerce and the Rotary Club. He said it would be
prudent for the City to spend more time on improving City services such as the Police and
Fire Departments.
Mayor Peters closed the hearing for public comment.
DECLARATION OF FUTURE AGENDA ITEMS
Councilmember Peirce requested the discussion on Council's review of City employment
vacancies; Councilmember Baxley and Councilmember DeMeritt concurred.
A. CONSENT CALENDAR
Unless an item is pulled for separate action by the City Council, the following actions are
approved without discussion.
t]
® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — OCTOBER 24, 2005
A-1 APPROVAL OF MINUTES FOR THE REGULAR MEETINGS OF SEPTEMBER 26,
2005 AND OCTOBER 10, 2005; (ADMINISTRATION)
RECOMMENDATION: Approve as submitted.
A-2 INVESTMENT REPORT - AUGUST 2605; (FINANCE)
RECOMMENDATION: Receive report for information.
A-3 QUARTERLY BUDGET STATUS REPORT; (FINANCE)
RECOMMENDATION: Receive report for information.
A-4 APPROVAL OF 2020 VISION REPORT FINAL VERSION; (ADMINISTRATION)
RECOMMENDATION: Approve the final version of the 2020 Vision Report with
amendments.
® A-5 RESOLUTION NO. 39-05 ADOPTING COMPREHENSIVE CITY E-MAIL POLICY;
(CITY ATTORNEY)
RECOMMENDATION: This item has been pulled from the agenda.
A-6 CANCELLATION OF THE NOVEMBER 28, 2005 CITY COUNCIL MEETING;
(ADMINISTRATION)
RECOMMENDATION: Cancel the November 28, 2005 City Council meeting.
A-7 RESOLUTION NO.40-05 ADOPTING AMENDMENTS TO LEASES FOR LEASE
SITE 89-89W AND 90-90W LOCATED AT 875 EMBARCADERO; (HARBOR)
RECOMMENDATION: Adopt Resolution No. 40-05.
A-8 RESOLUTION NO. 41-05 ADOPTING ASSIGNMENT OF LEASE AGREEMENT
FOR LEASE SITE 96-96W LOCATED AT 945 EMBARCADERO; (HARBOR)
RECOMMENDATION: Adopt Resolution No. 41-05.
Ll
0
® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — OCTOBER 24, 2005
A-9 PROCLAMATION DECLARING OCTOBER 2005 AS "FILIPINO HISTORY
MONTH"; (ADMINISTRATION)
RECOMMENDATION: Adopt Proclamation.
Councilmember Winholtz pulled Items A-1, A-3, A-4, A-6, A-7 and A-8 from the Consent
Calendar.
MOTION: Councilmember Winholtz moved the City Council approve Items A-2 and A-9
of the Consent Calendar. The motion was seconded by Councilmember Peirce
and carried unanimously. (5-0)
A-1 APPROVAL OF MINUTES FOR THE REGULAR MEETINGS OF SEPTEMBER 26,
2005 AND OCTOBER 10, 2005; (ADMINISTRATION)
Councilmember Winholtz pulled the minutes of the October 10, 2005 City Council meeting,
and requested an addition to page 8 referring to Council's discussion on the annexation issue.
Is MOTION: Councilmember Peirce moved the City Council approve Item A-1 of the
Consent Calendar as amended. The motion was seconded by Councilmember
DeMeritt and carried unanimously. (5-0)
A-3 QUARTERLY BUDGET STATUS REPORT; (FINANCE)
Councilmember Winholtz asked if rates had been increased for the Kids Club program.
Assistant City Manager Andrea Lueker responded rates have been increased for Kids Club and
the revenue has exceeded what was generated last year at this time.
Council requested a quarterly budget report to show the rise and fall of revenue sources.
MOTION: Councilmember Winholtz moved the City Council approve Item A-3 of the
Consent Calendar. The motion was seconded by Councilmember DeMeritt
and carried unanimously. (5-0)
A4 APPROVAL OF 2020 VISION REPORT FINAL VERSION; (ADMINISTRATION)
Councilmember Winholtz expressed concern on the amendments made to the Vision 2020
report based on the public comments on this issue.
11
® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — OCTOBER 24, 2005
Mayor Peters clarified the Residents section was removed at the Council's previous
direction. The suggested amendments move the goals included in that section to other
sections, and in some cases combine them with duplicate goals already contained in those
sections.
Councilmember DeMeritt expressed concern that some of the suggested amendments were
made without public review.
MOTION: Councilmember Baxley moved the City Council approve Item A-4 of the
Consent Calendar. The motion was seconded by Councilmember Winholtz
and carried with Councilmember DeMeritt voting no. (4-1)
A-6 CANCELLATION OF THE NOVEMBER 28, 2005 CITY COUNCIL MEETING;
(ADMINISTRATION)
Councilmember Winholtz stated she would like to schedule a joint meeting with the Planning
Commission on this date.
® MOTION:. Councilmember Winholtz moved the City Council schedule a joint City
Council/Planning Commission meeting for November 28, 2005. The motion
was seconded by Mayor Peters and failed with Councilmember Baxley,
Councilmember DeMeritt and Councilmember Peirce voting no. (2-3)
MOTION: Councilmember DeMeritt moved the City Council cancel the regularly
scheduled City Council meeting of November 28, 2005. The motion was
seconded by Councilmember Peirce and carried with Mayor Peters and
Councilmember Winholtz voting no. (3-2)
A-7 RESOLUTION NO.40-05 ADOPTING AMENDMENTS TO LEASES FOR LEASE
SITE 89-89W AND 90-90W LOCATED AT 875 EMBARCADERO; (HARBOR)
Councilmember Winholtz expressed opposition to listing the Morro Bay Visitor Center as a
marine -related use in order to be in compliance with the provisions of the lease.
Councilmember DeMeritt stated Council should consider this issue in Closed Session.
MOTION: Councilmember DeMeritt 'moved the City Council refer Item A-7 of the
Consent Calendar to the Closed Session Agenda of November 14, 2005. The
motion was seconded by Councilmember Peirce and carried unanimously.
(5-0)
rl
® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — OCTOBER 24, 2005
A-8 RESOLUTION NO.41-05 ADOPTING ASSIGNMENT OF LEASE AGREEMENT
FOR LEASE SITE 96-96W LOCATED AT 945 EMBARCADERO; (HARBOR)
Councilmember Winholtz pulled this item to congratulate the new owner of the Whale's Tail.
MOTION: Councilmember Winholtz moved the City Council approve Item A-8 of the
Consent Calendar. The motion was seconded by Councilmember Peirce and
carried unanimously. (5-0)
Mayor Peters called for a break at 7:15 p.m.; the meeting resumed at 7:25 p.m.
B. PUBLIC HEARINGS, REPORTS & APPEARANCES
B-I APPEAL OF A PLANNING COMMISSION APPROVAL WITH CONDITIONS
OF AN EXPANSION TO A NON -CONFORMING SINGLE-FAMILY
RESIDENCE LOCATED AT 450 TAHITI STREET; (PUBLIC SERVICES)
Senior Planner Mike Prater stated the applicant proposes to remodel the existing fast floor
is residence by converting the bedroom back into a one -car 266 square foot garage and expand
a first floor bedroom by 37 square feet. The applicant also proposes to add a second floor
addition of 888 square feet. The residence will result in a two-story structure with a 1,801
square foot living area and a one -car garage, which would produce an 81% increase to the
floor area. A Conditional Use Permit is required for expansions to non -conforming
structures -that exceed 25% of the existing floor area. The residence is non -conforming
because it did not provide the two enclosed parking spaces required for a single-family
dwelling over 1,000 square feet in living area. The Planning Commission considered the
application at their August 15, 2005 meeting, where adding a condition to construct a
standard side -by -side two -car garage approved the project. The applicant is requesting the
City Council either approve the original proposal or consider allowing a tandem -parking
layout. Mr. Prater recommended the City Council consider the issues raised in the appeal
and approve the appeal, modifying the Planning Commission conditions to allow the
expansion, or provide further direction to staff.
C
Garth Kornreich, agent for applicant/appellant, stated his client contends that by adding a .
side -by -side garage will push the living space upstairs and will completely remodel the
house by moving rooms around to areas they prefer not to have on the second floor, as well
as not being feasible. The applicant is requesting the City Council either approve the
original proposal or consider allowing a tandem -parking layout.
VA
® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — OCTOBER 24, 2005
Mayor Peters opened the hearing for public comment.
Colby Crotzer stated the City Council is responsible for building a livable City. He said this
house sits on a narrow street, and the impact of parking on the encroachment will make this
street less livable.
Dorothy Cutter agreed with Mr. Crotzer, and stated a four -bedroom house should have a
two -car garage. '
Mayor Peters closed the public comment hearing.
Councilmember DeMeritt stated a four -bedroom house should have a two -car garage. She
said this is a beautiful design but needs to be in another neighborhood. Councilmember
DeMeritt stated this is a very narrow street and parking is a concern. She stated she
supports denial of the appeal.
Councilmember Peirce stated this house presently has three bedrooms, and the applicant is
is trying to legitimize the house by making the illegal garage legal. He said there is space for
three cars at this time, and with the neighboring houses built to those same standards, he
supports the appeal.
Councilmember Winholtz stated this is a beautiful project, however, she understands that
Council needs to consider the future of this neighborhood. She said she could consider the
idea of tandem parking.
Councilmember Baxley stated the owner knew this was an illegal, non -conforming house
when it was purchased. He said a four -bedroom house needs a two -car garage, and he
supports denial of the appeal.
Mayor Peters stated most of the larger houses on this street have single car garages. She
said she supports the project with tandem parking and a paved area in front of the house for
parking.
MOTION: Councilmember DeMeritt moved the City Council deny the appeal and
uphold the Planning Commission's decision on this project. The motion was
seconded by Councilmember Winholtz and carried with Councilmember
Peirce and Mayor Peters voting no. (3-2)
Mayor Peters called for a break at 7:49 p.m.; the meeting resumed at 7:59 p.m.
C
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® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — OCTOBER 24, 2005
B-2 PUBLIC HEARING ON FUNDING FOR THE PURCHASE AND
ALTERNATIVE USES FOR THE DUKE ENERGY POWER PLANT SITE;
(CITY ATTORNEY)
City Attorney Robert Schultz showed a PowerPoint presentation on alternative uses for the
Duke Energy Power Plant site for Council review. He said the power plant holds three
separate possibilities; such as, the power plant continues to operate as a peak plant; the
modernization project goes forward; or the power plant is decommissioned. Mr. Schultz
reviewed the various financial aspects of the sale of the power plant. He recommended the
Council appoint an ad -hoc committee of two Council Members to meet with the City
Attorney and develop a strategic team to research and analyze the potential funding
mechanisms available to decommission the Morro Bay Power Plant.
Mayor Peters opened the hearing for public comment.
The following people expressed their ideas to the City Council on alternative uses for the Duke
Energy Power Plant property: Dexter Rickets, Sue Andrews, Abe Perlstein, Joey Racano, Roy
Kline, Joan Carter, Felix Rusnak, Marla Bruton, Richard Sadowski, Gene Doughty, Colleen
® Johnson, Leslie Smith, Larry Newland, Brian, Seo, Hale Tune, Peter Risley Bill Martony,
Nelson Sullivan, Judy Vick, Ryan LaPort, Ken Smokoska, Joe Wallich, Tobey Crockett, David
Weisman, Noah Smukler, Patti Dunton, John Barta, Pam Heatherington, Andrew Christie, Jono
Kinkade, David Nelson, Monique Nelson, Phil Hill, Ken Winters, Rachel Aljilani, Colby
Crotzer, Luke Politte, Nancy Castle, Jamie Irons, Dan Berman, Shoosh Crotzer, Christine
Sanchez and Paul Twedt, Jr.
The following were ideas on alternative uses for the Duke Energy Power Plant property:
marine biology center, marine museum, aquarium, IMAX theater, wind power generating
facility, eco-tourism uses, convention center, tourist destination, maritime museum,
observatory, environmental and educational uses, cultural center, maintain power plant, phase
out the outfall lease, mixed use public space, new type of power plant with renewable sources
of energy, Community Choice Aggregation, solar power facility, synthetic tide pool museum,
extension of the bike trail, farmers market, resting places on this property should be seen as
culturally sensitive property, research center in collaboration with Cal Poly, Cuesta College
and National Estuary Program, marine and wildlife rehabilitation center, bio-diesel, solar,
wind, wave power uses, new modem power plant with campus like setting, and ocean thermal
plant.
Mayor Peters closed the public comment hearing.
11
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® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — OCTOBER 24, 2005
Councilmember DeMeritt offered to serve on an ad -hoc committee to meet with the City
Attorney and develop a strategic team to research and analyze the potential funding
mechanisms available to decommission the Morro Bay Power Plant; Councilmember
Baxley was also nominated to serve on this committee.
MOTION: Councilmember DeMeritt moved the City Council appoint Councilmember
Baxley and herself to serve on an ad -hoc committee to meet with the City
Attorney and develop a strategic team to research and analyze the potential
funding mechanisms available to decommission the Morro Bay Power Plant.
The motion was seconded by Councilmember Peirce and carried
unanimously. (5-0)
C. UNFINISHED BUSINESS
C-I STATUS REPORT ON DIRECTIONAL SIGNS PROGRAM; (PUBLIC
SERVICES)
This item was continued to the November 14, 2005_ City Council meeting.
D. NEW BUSINESS
® D-I REPORT ON LEGAL NOTICING METHODS; (CITY ATTORNEY)
E
Senior Planner Mike Prater stated on September 26, 2005, the City Council directed staff to
research the various methods and options regarding noticing procedures for development
proposals. The current practice is to allow the applicant to prepare the radius map and
mailing list with the submittal, which is then spot-checked when the application is
submitted, and later checked again by the planner when reviewing the entire application. In
addition to the mailed notices, each site is posted with the project description, schematic
plan or map of the proposal, and the date of the hearing. There are also several unofficial
forms of noticing that occur on tentative agendas, Planning Commission tracking sheets, and
a listing of projects on Planning Commission agendas that have been submitted for
administrative approval. Other methods of official mailed noticing generally include the use
of data service providers. Staff has compared sample sets of labels from four various
sources that compile information on property owners and current residents within the
required radius for a given project that include our current GIS system, title companies, and
field checks. Sample results indicate that other than the staff generated maps and lists, that
SLOCO DATA, INC. provides the most accurate labels and has built-in a process for
obtaining the most current information with a daily update from the County Assessor and
Recorder's office along with a mailing service. Mr. Prater recommended the City Council
direct staff to inform applicants to exclusively work with SLOCO DATA INC. in the
preparation and mailings of all notices.
10
® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — OCTOBER 24, 2005
MOTION: Councilmember Winholtz moved the City Council direct staff to require
applicants to exclusively work with SLOCO DATA INC. and City Staff in
the preparation and mailings of all notices. The motion was seconded by
Councilmember Peirce and carried unanimously. (5-0)
ADJOURNMENT - 10:32 p.m.
Recorded by:
Bndgett Bauer
City Clerk
C
C
® NOTICE OF SPECIAL MEETING
NOTICE IS HEREBY GIVEN that the Morro Bay City Council will be holding
a Special Meeting on Thursday, October 20, 2005 at 5:00 p.m. to be held in the
Veterans' Memorial Building, 209 Surf Street, Morro Bay, California. The City
Council will be previewing the agenda for the Morro Bay/Cayucos Sanitary District
Joint Powers Authority meeting as follows:
A. CONSENT CALENDAR
1. Minutes of September 8, 2005 Meeting - Recommend approve.
2. Minutes of September 29, 2005 WWTP (JPA) Technical Advisory
Committee Meeting - Recommend approve.
B. UNFINISHED BUSINESS
1. Consideration to Approve FY 2005-2006 Budget (Connelly)
2. Status Report on the Full Secondary WWTP Upgrade 9 0 Year
Compliance Schedule (Keogh)
C. NEW BUSINESS
1. Report from WWTP (JPA) Technical Advisory Committee on WWTP
® Upgrade (Keogh Verbal)
2. Schedule Next Joint Meeting and Agenda Items
The. City Council will adjourn to the Morro Bay/Cayucos Sanitary District Joint
Powers Authority meeting that will begin at 7:00 p.m., and will be held in the
Cayucos Veteran's Hat] at Ocean Ave. and Cayucos Dr. (at Ocean Front St.),
Cayucos, CA 93430
IN COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT, IF
YOU NEED SPECIAL ASSISTANCE TO PARTICIPATE IN A CITY MEETING,
PLEASE CONTACT THE CITY CLERK'S OFFICE AT LEAST 24 HOURS
PRIOR TO THE MEETING TO INSURE THAT REASONABLE
ARRANGEMENTS CAN BE MADE TO PROVIDE ACCESSIBILITY TO THE
MEETING.
DATED: October 17, 2005
C' J
® City ®i Morro Bay
City Council Agenda
Mission Statement
The City of Morro Bay is dedicated to the preservation and enhancement of the quality
of life.. The City shall be committed to this purpose and will provide a level of
municipal service and safety consistent with and responsive to the needs of the public.
REGULAR MEETING — OCTOBER 10, 2005
CLOSED SESSION — OCTOBER 10, 2005
CITY HALL CONFERENCE ROOM - 5:00 P.M.
595 HARBOR ST., MORRO BAY, CA
® CS-1 GOVERNMENT CODE SECTION 54957; PERSONNEL ISSUES.
Discussions regarding Personnel Issues including one (2) public employees
regarding evaluation, specifically the City Manager and City Attorney.
IT IS NOTED THAT THE CONTENTS OF CLOSED SESSION MEETINGS
ARE CONFIDENTIAL AND EXEMPT FROM DISCLOSURE.
® PUBLIC SESSION — OCTOBER 10, 2005
VETERANS MEMORIAL HALL - 6:00 P.M.
209 SURF ST., MORRO BAY, CA
ESTABLISH QUORUM AND CALL TO ORDER
MOMENT OF SILENCE
PLEDGE OF ALLEGIANCE
MAYOR AND COUNCILMEMBERS ANNOUNCEMENTS & PRESENTATIONS
CLOSED SESSION REPORT
PUBLIC COMMENT PERIOD - Members of the audience wishing to address the
Council on City business matters (other than Public Hearing items under Section B) may
do so at this time.
To increase the effectiveness of the Public Comment Period, the following rules shall be
followed:
• When recognized by the Mayor, please come forward to the podium and state
your name and address for the record. Comments are to be limited to three
minutes.
® • All remarks shall be addressed to Council, as a whole, and not to any
individual member thereof.
• The Council respectfully requests that you refrain from making slanderous,
profane or personal remarks against any elected official, commission and/or
staff.
• Please refrain from public displays or outbursts such as unsolicited applause,
comments or cheering.
• Any disruptive activities that substantially interfere with the ability of the City
Council to carry out its meeting will not be permitted and offenders will be
requested to leave the meeting.
• Your participation in City Council meetings is welcome and your courtesy
will be appreciated.
In compliance with the Americans with Disabilities Act, if you need special assistance to
participate in this meeting, please contact the City Clerk, (805) 772-6205. Notification 72
hours prior to the meeting will enable the City to make reasonable arrangements to ensure
accessibility to this meeting.
COUNCIL DECLARATION OF FUTURE AGENDA ITEMS
11
® A. CONSENT CALENDAR
Unless an item is pulled for separate action by the City Council, the following actions are
approved without discussion.
A-1 'APPROVAL OF ENVIRONMENTAL REVIEW AND PROJECT
CONDITIONS FOR 516 SHASTA AVENUE; (PUBLIC SERVICES)
RECOMMENDATION: Adopt the Mitigated Negative Declaration, and approve
the project with conditions.
A-2 ACCEPTANCE OF LETTER OF RESIGNATION FROM PUBLIC WORKS
ADVISORY BOARD MEMBER; (ADMINISTRATION)
RECOMMENDATION: Accept letter of resignation.
B. PUBLIC HEARINGS, REPORTS & APPEARANCES —NONE.
C. UNFINISHED BUSINESS
C-I UPDATE AND DISCUSSION ON CURRENT STATUS OF MTBE
CONTAMINATION AT 1840 MAIN STREET; (CITY ATTORNEY)
® RECOMMENDATION: Receive presentation for information.
C-2 CONSIDERATION OF FINAL VERSION OF THE 20-20 VISION REPORT;
(ADMINISTRATION)
RECOMMENDATION: Discuss and direct staff accordingly.
C-3 REPORT ON ALTERNATIVES FOR COMPLETING A PARKING
MANAGEMENT PLAN; (PUBLIC SERVICES)
RECOMMENDATION: Consider and approve the work program for developing
a Parking Management Plan.
C4 REPORT ON BACK BAY ISSUES; (HARBOR)
RECOMMENDATION: Discuss and direct staff accordingly.
C-5 DISCUSSION OF ANNEXATION PROCESS PERTAINING TO THE BACK
BAY; (PUBLIC SERVICES)
RECOMMENDATION: Consider annexation alternatives when the Local
Agency Formation Commission conducts their Sphere of Influence and
® Municipal Service Review for the City within the next six months.
3
® C-6 PROPOSAL FOR COMPREHENSIVE CITY E-MAIL POLICY; (CITY
ATTORNEY)
RECOMMENDATION: Discuss and direct staff accordingly.
C
D. NEW BUSINESS
D-1 DISCUSSION ON STRUCTURING A TOWN HALL MEETING; (CITY
COUNCIL)
RECOMMENDATION: Discuss and direct staff accordingly.
D-2 REVIEW PROJECT PRIORITIES FOR TRANSPORTATION ACT FUNDED
PROJECTS; (CITY COUNCIL)
RECOMMENDATION: Receive report for information.
D-3 REPORT ON ADVISORY BOARD MEMBER
(ADMINISTRATION)
RECOMMENDATION: Discuss and direct staff accordingly.
�U7falU:7►1VIt1►fIY
ATTENDANCE;
THIS AGENDA IS SUBJECT TO AMENDMENT UP TO 72 HOURS PRIOR TO
THE DATE AND TIME SET FOR THE MEETING. PLEASE REFER TO THE
AGENDA POSTED AT CITY HALL FOR ANY REVISIONS OR CALL THE
CLERK'S OFFICE AT 772-6200 FOR FURTHER INFORMATION.
COPIES OF STAFF REPORTS OR OTHER PUBLIC DOCUMENTATION
RELATING TO EACH ITEM OF BUSINESS REFERRED TO ON THIS
AGENDA ARE ON FILE IN THE OFFICE OF THE CITY CLERK AND
AVAILABLE FOR PUBLIC INSPECTION AND REPRODUCTION AT COST AT
CITY HALL, LIBRARY, AND MILLS STATIONERY.
IN COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT, IF
YOU NEED SPECIAL ASSISTANCE TO PARTICIPATE IN A CITY MEETING,
PLEASE CONTACT THE CITY CLERK'S OFFICE AT LEAST 24 HOURS
PRIOR TO THE MEETING TO INSURE THAT REASONABLE
ARRANGEMENTS CAN BE MADE TO PROVIDE ACCESSIBILITY TO THE
MEETING.
4
MINUTES - MORRO BAY CITY COUNCIL
® CLOSED SESSION — OCTOBER 10, 2005
CITY HALL CONFERENCE ROOM - 5:00 P.M.
Mayor Peters called the meeting to order at 5:00 p.m
PRESENT: Janice Peters
Mayor
Thad Baxley
Councilmember
Melody DeMeritt
Councilmember
William Peirce
Councilmember
Betty Winholtz
Councilmember
STAFF: Robert Hendrix City Manager
Robert Schultz City Attorney
CLOSED SESSION
MOTION: Councilmember Peirce, moved the meeting be adjourned to Closed
Session. The motion was seconded by Councilmember Winholtz and
unanimously carried. (5-0)
Mayor Peters read the Closed Session Statement.
® CS-1 GOVERNMENT CODE SECTION 54957; PERSONNEL ISSUES.
Discussions regarding Personnel Issues including one (2) public employees
regarding evaluation, specifically the City Manager and City Attorney.
The meeting adjourned to Closed Session at 5:00 p.m. and returned to regular session at
5:50 p.m.
MOTION: Councilmember Peirce moved the meeting be adjourned. The motion was
seconded by Councilmember Baxley and unanimously carried. (5-0)
The meeting adjourned at 5:50 p.m.
C
® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — OCTOBER 10, 2005
VETERANS MEMORIAL HALL - 6:00 P.M.
E
Mayor Peters called the meeting to order at 6:00 p.m.
PRESENT: Janice Peters
Mayor
Thad Baxley
Councilmember
Melody DeMeritt
Councilmember
William Peirce
Councilmember
Betty Winholtz
Councilmember
STAFF: Robert Hendrix
Andrea Lueker
Robert Schultz
Bridgett Bauer
Rick Algert
Bruce Ambo
Bill Boucher
Frank Cunningham
Tim Olivas
Mike Pond
Jim Koser
City Manager
Assistant City Manager
City Attorney
City Clerk
Harbor Director
Public Services Director
Capital Projects Manager
City Engineer
Acting Police Chief
Fire Chief
Finance Director
ESTABLISH QUORUM AND CALL TO ORDER
MOMENT OF SILENCE
PLEDGE OF ALLEGIANCE
MAYOR'S REPORTS & ANNOUNCEMENTS
CLOSED SESSION REPORT - City Attorney Robert Schultz reported the City Council
met in Closed Session, and no reportable action under the Brown Act was taken.
PUBLIC COMMENT
The following people addressed the closure of the Duke Energy Power Plant, and
requested the City Council include the community in discussions relating to this property:
Jack McCurdy, Peter Risley, Hershel Parker, Joan Carter, Andrew Christie, Abe
Perlstein, Eric Greening, Henrietta Groot, Ann Reeves, Roger Ewing, David Nelson and
Judy Vick.
The following people expressed support for the annexation of the back bay: Roger
Ewing, Vincent McNamara, Corey Wade, Quill Chase, and Christian Beetle.
Hershel Parker expressed opposition to the City renewing the outfall lease with Duke
Energy without knowing who might purchase the plant. He said the City might profit
® from revenue with eco-tourism at this site.
2
® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — OCTOBER 10, 2005
Keith Taylor, Friends of the Morro Bay Fire Department, encouraged the public to attend
the open house at the Fire Station on October 22"d
Joe Wallach referred to Section 17.18.180 of the Zoning Ordinance (update) regarding
standards for recreational vehicle (RV) parks. He said the update to this ordinance
includes a 38% increase in density of already over -crowded RV parks. Mr. Wallock
stated this amendment to the City codes could include impacts on traffic, visual quality
and some environmental impacts.
Eric Greening addressed affordable housing and noted that people that do not drive
should not have to pay for parking and subsidize those who do drive.
Phil Hill addressed the importance of the Boatyard, and stated the winter weather storms
could create damage to boats in the harbor. He also noted all of the birds he witnessed
while paddling in the bay, and how sad that it will soon be hunting season in the back
bay.
® Ed Ewing stated the power plant has helped this community financially. He said tax
dollars should not be used to buy the power plant property. Mr. Ewing stated the best
way to fmd out what the community wants is to place it before the people to vote on.
David Nelson addressed the Duke Energy Power Plant closure, and asked if the City has
all of the guarantees of the MOU to vote for the outfall lease, which is killing the estuary.
Jamie Irons stated he is an employee with Duke Energy. He said there is a considerable
voice in support of the plant, and requested the City be more responsible by looking into
the co -existing of a power plant.
Mayor Peters closed the hearing for public comment.
Mayor Peters called for a break at 7:10 p.m.; the meeting resumed at 7:20 p.m.
DECLARATION OF FUTURE AGENDA ITEMS
Councilmember DeMeritt requested to revisit the use of new revenues policy and adding
a sense of priorities during the mid -budget review; Councilmember Winholtz concurred.
Councilmember DeMeritt also requested to agendize a public hearing on funding for the
purchase and alternative uses for the Duke Energy Power Plant site; Councilmember
Winholtz and Mayor Peters concurred.
® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — OCTOBER 10, 2005
Councilmember Winholtz requested to agendize the cancellation of the November 28,
2005 City Council meeting; Councilmember Baxley and Mayor Peters concurred.
A. CONSENT CALENDAR
Unless an item is pulled for separate action by the City Council, the following actions are
approved without discussion.
A-1 APPROVAL OF ENVIRONMENTAL REVIEW AND PROJECT
CONDITIONS FOR 516 SHASTA AVENUE; (PUBLIC SERVICES)
RECOMMENDATION: Adopt the Mitigated Negative Declaration, and approve
the project with conditions.
A-2 ACCEPTANCE OF LETTER OF RESIGNATION FROM PUBLIC WORKS
ADVISORY BOARD MEMBER; (ADMINISTRATION)
RECOMMENDATION: Accept letter of resignation.
Councilmember Winholtz pulled Item A-1 of the Consent Calendar.
® MOTION: Councilmember Winholtz moved the City Council approve Item A-2 of
the Consent Calendar. The motion was seconded by Councitmember
Peirce and carried unanimously. (5-0)
A-1 APPROVAL OF ENVIRONMENTAL REVIEW AND PROJECT
CONDITIONS FOR 516 SHASTA AVENUE; (PUBLIC SERVICES)
Councihnember Winholtz asked for clarification on the Summary of Required Mitigation
Measures (Land Use/Planning), relating to restrictions on the footprint proposed by the
project in perpetuity. She noted that other projects had a deed restriction of 30 years
instead of in perpetuity.
Public Services Director Bruce Ambo responded that the findings of the conditions of
approval of this site embrace the findings approved by the City Council.
MOTION: Councilmember Winholtz moved the City Council approve the
Environmental Review and Project Conditions for 516 Shasta Avenue
with a change to the Mitigated Measures that the applicant shall deed
restrict the units fronting on Shasta Avenue to remain one-story residential
structures, of the same footprint proposed by this project for thirty (30)
years. The motion was seconded by Councilmember Peirce and carried
® with Councilmember Baxley voting no. (4-1)
0
® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — OCTOBER 10, 2005
B. PUBLIC HEARINGS, REPORTS & APPEARANCES — NONE
C. UNFINISHED BUSINESS
CA UPDATE AND DISCUSSION ON CURRENT STATUS OF MTBE
CONTAMINATION AT 1840 MAIN STREET; (CITY ATTORNEY)
The City Council received a presentation from Curt Stanley of Shell Global Solutions,
Inc. along with Gary Beckett and Tom Kem on the MtBE incident and the resolution
process.
This was an informational item; no action was taken.
C-2 CONSIDERATION OF FINAL VERSION OF THE 20-20 VISION REPORT;
(ADMINISTRATION)
This item was continued to the October 24, 2005 City Council meeting.
® C-3 REPORT ON ALTERNATIVES FOR COMPLETING A PARKING
MANAGEMENT PLAN; (PUBLIC SERVICES)
Public Services Director Bruce Ambo stated the purpose of this discussion is to establish
a work program for a process that includes the analysis of a number of factors that
influence parking and circulation on the Embarcadero, in downtown and possibly other
areas of the community. 'In order to conduct a meaningful analysis of the parking
situation on the Embarcadero and downtown, it will be necessary to study these areas
during their peak season, which is next.summer. The objective of this analysis is to get a
clear understanding about how the areas perform during our critical times and identify
opportunities and constraints to maximizing the efficiency of the parking and circulation
systems. Mr. Ambo recommended the City Council consider and approve this work
program for developing a Parking Management Plan, and: allocate funds for the Parking
Management Plan and the Embarcadero Circulation Plan from the Parking In -Lieu fund;
and, provide direction to staff on the overall work program and the review process of the
individual subcomponents of the program.
Councilmember Baxley stated the City should move forward with one-way circulation on
the Embareadero; Councilmember DeMeritt concurred.
Councilmember DeMeritt stated while serving on the Public Works Advisory Board, she
received a draft Parking Management Plan dated 1992, and it still has not been adopted as
® a final plan. She said in this draft plan, it is stated that parking in -lieu fees are based on
land cost, cost of design, cost of improvements and administrative costs.
0
® ,MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — OCTOBER 10, 2005
Mayor Peters stated why should one establishment pay for parking, when other
establishments are benefiting from the same customers. Based on this, Mayor Peters
stated she would like Council to review the parking in -lieu value for one business vs.
another, and perhaps level the playing field and amend the zoning ordinance.
Councilmember Winholtz stated she supports moving forward with the circulation on the
Embarcadero. She said she would like a Parking Management Plan for the whole City.
MOTION: Councilmember Baxley moved the City Council direct staff to return to
the December 12, 2005 City Council meeting with a public hearing on
circulation/partial one-way Embarcadero traffic pattern, that would
include delivery and loading options, cost, and length of time to complete.
The motion was seconded by Councilmember DeMeritt and carried
unanimously. (5-0)
MOTION: Mayor Peters moved the City Council direct staff to return to the
December 12, 2005 City Council meeting with a public hearing on parking
® regulations in the proposed zoning ordinance. The motion was seconded
by Councilmember Baxley and carried with Councilmember DeMeritt and
Councilmember Winholtz voting no. (3-2)
MOTION: Mayor Peters moved the City Council continue discussion on the Parking
Management Plan funding to the December 12, 2005 City Council
meeting. The motion was seconded by Councilmember Peirce and carried
unanimously. (5-0)
C-4 REPORT ON BACK BAY ISSUES; (HARBOR)
Harbor Director Rick Algert stated the Harbor Advisory Board reviewed the issue of
abandoned vessels in the bay and boats illegally moored in windy cove just south of the
city limits in the Fish & Game Morro Bay Wildlife Area. The Harbor Advisory Board
recommended the City Council write a letter to Fish & Game about the problems in the
back bay area, contact the National Estuary Program about the Board's concerns and ask
if any grant money is available, and to notify Fish & Game in the letter that they will be
billed for any future City costs associated with sunken/abandoned vessels from that area.
The Fish & Game Department had begun an enforcement program for the windy cove
illegal moorings and that funds had tentatively been identified to reimburse the Fish &
Game Department for that program. The Regional Water Quality Control Board is
finalizing their Supplemental Environmental Program with the California Men's Colony
® to provide approximately $80,000 in fund to the Morro Bay National Estuary Program to
G1
® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — OCTOBER 10, 2005
reimburse the Fish & Game Department and the City of Morro Bay Harbor Department
for costs associated with removing illegally moored vessels and abandoned
vessels/mooring gear and tackle from the Morro Bay Wildlife Area. Mr. Algert
recommended the City Council consider the recommendation of the Harbor Advisory
Board and direct staff accordingly.
MOTION: Mayor Peters moved the City Council send a letter to California
Department of Fish & Game on back bay management issues, and also
notify Fish & Game in the letter that they will be billed for any future City
costs associated with sunken/abandoned vessels from that area. The
motion was seconded by Councilmember Wihholtz and carried
unanimously. (5-0)
C-5 DISCUSSION OF ANNEXATION PROCESS PERTAINING TO THE BACK
BAY; (PUBLIC SERVICES)
Public Services Director Bruce Ambo stated on September 12, 2005 the City Council
directed that the topic of "annexation of the back bay" be placed on a future Council
® agenda. State Law first regulated annexation in California in 1963 when Local Agency
Formation Commission's (LAFCO) were established to "discourage urban sprawl and
encourage the orderly formation and development of local governmental agencies based
upon local conditions and circumstances." LAFCO staff has indicated the annexation
process for the back bay area would take between three to six months. The process
includes a resolution of application from the City, pre -zoning the area which also makes
the City the lead agency for CEQA, submittal of the application and fees to LAFCO, a
negotiated tax agreement between the City and County, a LAFCO hearing, and a
conducting authority hearing (protest hearing). The Sphere of Influence/Municipal
Service Review process takes between three to twelve months depending on the
complexity of the issues. LAFCO is the lead agency for the Sphere of
Influence/Municipal Service Review, and this would be the first step towards annexation.
LAFCO staff intends to begin the City of Morro Bay Sphere of Influence/Municipal
Service Review following completion of the City of San Luis Obispo's that is currently
underway. Mr. Ambo recommended that further consideration of annexation alternatives
be taken up with the Sphere of Influence/Municipal Service Review process when it
begins within the next six months.
E
Consensus of the Council was to consider annexation alternatives when the Local Agency
Formation Commission conducts their Sphere of Influence and Municipal Service
Review for the City within the next six months.
`1
® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING = OCTOBER 10, 2005
The City Council had a discussion on sending a letter to the Fish & Game Commission,
as well as requesting the Harbor Advisory Board to discuss the management of the back
bay; and, how the City can take control of the annexation through discussions with the
State Lands Commission.
No further action was taken on this item.
C-6 PROPOSAL FOR COMPREHENSIVE CITY E-MAIL POLICY; (CITY
ATTORNEY)
City Attorney Robert Schultz stated the Public Records Act states, "'Public Record'
includes any writing containing information relating to the conduct of the public's business
prepared, owned, used or retained by any state or local agency regardless of physical form
of characteristics." In 2002, the Legislature amended the definition of "writing" in the
Public Records Act to include electronic communications. The legislative history states, in
part, that the statute was necessary because ''....a municipality can claim that e-mail and
other electronic correspondence such as facsimiles are not 'records' or 'writings' and
therefore avoid disclosure under the Public Records Act." Mr. Schultz stated that most
® cities have adopted e-mail policies to help avoid disputes over whether it is subject to
disclosure. The City's current e-mail policy does not explain in enough detail how City
officials and employees should handle e-mail; therefore, he has revised the City's Policies
and Procedures (Section 4.5) for Council's consideration. Mr. Schultz stated with Council's
approval of these revisions, he will return with a resolution amending the City's e-mail
policy at the October 24, 2005 City Council meeting.
11
MOTION: Councilmember Peirce moved the City Council direct the City Attorney to
return with a resolution adopting revisions to the City's Comprehensive
City E-Mail Policy at the October 24, 2005 City Council meeting. The
motion was seconded by Councilmember DeMeritt and carried
unanimously. (5-0)
Mayor Peters called for a break at 9:45 p.m.; the meeting resumed at 9:55 p.m.
D. NEW BUSINESS
D-1 DISCUSSION ON STRUCTURING A TOWN HALL MEETING; (CITY
COUNCIL)
Mayor Peters stated during her campaign she stated she would hold one or two town hall
meetings per year.
91
® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — OCTOBER 10, 2005
The City Council scheduled a town hall meeting for January 30, 2006.
No further action was taken on this item.
D-2 REVIEW PROJECT PRIORITIES FOR TRANSPORTATION ACT FUNDED
PROJECTS; (CITY COUNCIL)
Capital Projects Manager Bill Boucher stated on October 9, 1995, the City Council
adopted Resolution No. 119-95 that set priorities for pursuit of street and transportation -
related projects based on the then -available funding and staff constraints. During that
time and subsequently, staff was working with the San Luis Obispo Council of
Governments (SLOCOG) to place most, or all, of the projects identified in our adopted
planning policies, most particularly the Circulation Element to the General Plan adopted
in 1988, onto a regional listing so that if and when grant funding became available, we
would be in a position for funding. On April 6, 2005 the SLOCOG Board approved a
document called "Vision 2025, the Regional Transportation Plan for San Luis Obispo
County", also known as the "RTP". In that document was a compilation of all the
projects we had asked SLOCOG to include for grant consideration over the years. As
® SLOCOG Board representative for our community, Councilmember Winholtz has
suggested that now would be an appropriate time for the City Council to look at the
listings and determine whether changes are warranted. Mr. Boucher stated if there are
specific projects the Council would like to be removed from the RTP, staff should be
directed to return with recommendations of processes that may be needed to amend the
planning policies. Similarly, should the Council wish to place projects in priority order,
staff will return with such a listing for consideration.
The City Council made the following prioritized list:
s
unrankec
unrankec
unrankec
Morro Bay Blvd./Quintana Rd
Roundabout
Main/Raddiffe Improvements
Relocate Embarcadero
Main St. Widening
Morro Bay Blvd Widening
Main/Quintana Sight Distance
unranked South St. Extension'
= to be eliminated upon cer0cation of 2004 Grculation Element
0
C
1
Cl
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — OCTOBER 10, 2005
unranked
unranked
unranked
unranked
unranked
unranked
completed
SLO County
Non -Motorized Transportation Provram
Harborwalk
Gateway Improvements
N. Main Beautification
State Park Multi -Use Path
Lateral Access Improvements
Downtown Class 2 Improvements
North Embarcadero, Class 2
Morro Rock/Coleman Improvements
Morro Creek Multi -Use
Morro Strand Multi -Use
Beach Tract Class 2
Quintana Road Class 2
MB-Ca ucos Connector
MOTION: - Councilmember Winholtz moved the City Council re -prioritize the lists of
Transportation Act Funded Projects funded by San Luis Obispo Council of
Governments as discussed by the City Council, and forward this
information to San Luis Obispo Council of Governments staff. The motion
was seconded by Councilmember DeMeritt and carried unanimously. (5-0)
D-3 REPORT ON ADVISORY BOARD MEMBER ATTENDANCE;
(ADMINISTRATION)
City Manager Robert Hendrix reported to Council on Advisory Board members who have
four or more absences during the calendar year. This is consistent with the adopted
policy of the Council. Council may, at its discretion, remove members with four or more
absences in a calendar year. The City is also carrying vacancies through to the end of this
fiscal year. Mr. Hendrix recommended the City Council review the absences on the
various City Advisory Boards, and direct staff accordingly.
MOTION: Mayor Peters moved the City Council direct staff to send a letter to board
members with four absences in one year stating any further absences will
result in immediate resignation; and, send a letter to those with three
absences notifying them that they are approaching automatic removal
from their respective Board. The motion was seconded by Councilmember
Winholtz and carried unanimously. (5-0)
10
® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — OCTOBER 10, 2005
ADJOURNMENT
The meeting adjourned at 10:43 p.m.
Recorded by:
Bridgett Bauer
City Clerk
11
® City ®f Morro Bay
City Council Agenda
Mission Statement
The City of Morro Bay is dedicated to the preservation and enhancement of the quality
of life. The City shall be committed to this purpose and will provide a level of
municipal service and safety consistent with and responsive to the needs of the public.
REGULAR MEETING — SEPTEMBER 26, 2005
CLOSED SESSION — SEPTEMBER 26, 2005
CITY HALL CONFERENCE ROOM - 5:00 P.M.
595 HARBOR ST., MORRO BAY, CA
CS-1 GOVERNMENT CODE SECTION 54957.6 CONFERENCE WITH
® LABOR NEGOTIATOR. Conference with the City Manager, the City's
Designated Representative, for the purpose of reviewing the City's position
regarding salaries, salary schedules, or compensation paid in the form of fringe
benefits, and giving instruction to the Designated Representative.
CS-2 GOVERNMENT CODE SECTION 54957; PERSONNEL ISSUES.
Discussions regarding Personnel Issues including one (1) public employee
regarding evaluation, specifically the City Manager.
CS-3
TRANSACTIONS. Instructing City's real property negotiators regarding the
price and terms of payment for the purchase, sale, exchange, or lease of real
property.
• Property: Lease Site: Outfall Line
Negotiating Parties: City and Duke Energy
Negotiations: Lease Terms and Conditions
IT IS NOTED THAT THE CONTENTS OF CLOSED SESSION MEETINGS
ARE CONFIDENTIAL AND EXEMPT FROM DISCLOSURE.
11
® PUBLIC SESSION - SEPTEMBER 26, 2005
VETERANS MEMORIAL HALL - 6:00 P.M.
209 SURF ST., MORRO BAY, CA
ESTABLISH QUORUM AND CALL TO ORDER
MOMENT OF SILENCE
PLEDGE OF ALLEGIANCE
MAYOR AND COUNCILMEMBERS ANNOUNCEMENTS & PRESENTATIONS
CLOSED SESSION REPORT
PUBLIC COMMENT PERIOD - Members of the audience wishing to address the
Council on City business matters (other than Public Hearing items under Section B) may
do so at this time.
To increase the effectiveness of the Public Comment Period, the following rules shall be
followed:
• When recognized by the Mayor, please come forward to the podium and state
your name and address for the record. Comments are to be limited to three
minutes.
• All remarks shall be addressed to Council, as a whole, and not to any
individual member thereof.
® • The Council respectfully requests that you refrain from making slanderous,
profane or personal remarks against any elected official, commission and/or
staff.
• Please refrain from public displays or outbursts such as unsolicited applause,
comments or cheering.
• Any disruptive activities that substantially interfere with the ability of the City
Council to carry out its meeting will not be permitted and offenders will be
requested to leave the meeting.
• Your participation in City Council meetings is welcome and your courtesy
will be appreciated.
In compliance with the Americans with Disabilities Act, if you need special assistance to
participate in this meeting, please contact the City Clerk, (805) 772-6205. Notification 72
hours prior to the meeting will enable the City to make reasonable arrangements to ensure
accessibility to this meeting.
COUNCIL DECLARATION OF FUTURE AGENDA ITEMS
A. CONSENT CALENDAR
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 SEPTEMBER 12, 2005 REGULAR
CITY COUNCIL MEETING; (ADMINISTRATION)
RECOMMENDATION: Approve as submitted.
A-2 RESOLUTION NO. 37-05 IMPLEMENTING PARKING IN -LIEU FEES;
(CITY ATTORNEY)
RECOMMENDATION: Adopt Resolution No. 37-05.
A-3 STATUS REPORT ON CBDG GRANT FOR NORTH MORRO BAY FIRE
STATION REHABILITATION; (FIRE)
RECOMMENDATION: Receive report for information.
A-4 RESOLUTION NO. 36-05 APPROVING ASSIGNMENT OF A 1/3 INTEREST
IN THE LEASE AGREEMENT FOR LEASE SITE 53-56/53W-56W,
LOCATED AT 501 EMBARCADERO; (HARBOR)
RECOMMENDATION: Adopt Resolution No. 36-05.
A-5 HURRICANE KATRINA RELIEF RESOLUTION; (CITY ATTORNEY)
® RECOMMENDATION: Adopt Resolution No. 38-05.
A-6 PROCLAMATION DECLARING FIRE PREVENTION WEEK; (FIRE)
RECOMMENDATION: Adopt Proclamation.
B. PUBLIC HEARINGS. REPORTS & APPEARANCES
B-I PUBLIC HEARING ON CREEK CLEARANCE COSTS; (PUBLIC SERVICES)
RECOMMENDATION: Discuss and direct staff accordingly. .
B-2 DISCUSS, FURTHER DEFINE AND CLARIFY INSURANCE NEEDS AND
COSTS TO BE RECOVERED FOR SPECIAL EVENTS; (ADMINISTRATION)
RECOMMENDATION: Discuss and direct staff accordingly.
B-3 PRESENTATION ON BIO-DIESEL FUEL ALTERNATIVE; (HARBOR)
RECOMMENDATION: Receive presentation for information.
3
® C. UNFINISHED BUSINESS
C-1 REPORT AND DISCUSSION ON RECREATION AND PARKS
COMMISSION LETTER REGARDING THE BUDGET; (ADMINISTRATION)
RECOMMENDATION: Discuss and direct staff accordingly.
C-2 REVIEW OF CITY ATTORNEY MEMO TO PLANNING COMMISSION ON
DETERMINATION OF COMMON OPEN SPACE REQUIREMENTS; (CITY
ATTORNEY)
RECOMMENDATION: Discuss and direct staff accordingly.
C-3 REPORT ON LEGAL REQUIREMENTS FOR NOTICING; (CITY
ATTORNEY)
RECOMMENDATION: Discuss and direct staff accordingly.
C-4 REPORT AND DISCUSSION ON AGENDA PLANNING;
(ADMINISTRATION)
RECOMMENDATION: Adopt an Agenda -Planning Guide.
• D. NEW BUSINESS
D-I REPORT ON BACK BAY ISSUES; (HARBOR)
RECOMMENDATION: Discuss and direct staff accordingly.
D-2 DISCUSSION ON ANNEXATION PROCESS; (PUBLIC SERVICES)
RECOMMENDATION: Consider annexation alternatives when Local Agency
Formation Commission staff conducts their Sphere of Influence and
Municipal Service Review for the City within the next six months.
E. ADJOURNMENT
THIS AGENDA IS SUBJECT TO AMENDMENT UP TO 72 HOURS PRIOR TO THE DATE AND TIME
SET FOR THE MEETING. PLEASE REFER TO THE AGENDA POSTED AT CITY HALL FOR ANY
REVISIONS OR CALL THE CLERK'S OFFICE AT 772-6200 FOR FURTHER INFORMATION.
COPIES OF STAFF REPORTS OR OTHER PUBLIC DOCUMENTATION RELATING TO EACH ITEM OF
BUSINESS REFERRED TO ON THIS AGENDA ARE ON FILE IN THE OFFICE OF THE CITY CLERK
AND AVAILABLE FOR PUBLIC INSPECTION AND REPRODUCTION AT COST AT CITY HALL,
LIBRARY, AND MILLS STATIONERY.
IN COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT, IF YOU NEED SPECIAL
ASSISTANCE TO PARTICIPATE IN A CITY MEETING, PLEASE CONTACT THE CITY CLERK'S
OFFICE AT LEAST 24 HOURS PRIOR TO THE MEETING TO INSURE THAT REASONABLE
ARRANGEMENTS CAN BE MADE TO PROVIDE ACCESSIBILITY TO THE MEETING.
4
MINUTES - MORRO BAY CITY COUNCIL
CLOSED SESSION — SEPTEMBER 26, 2005
® CITY HALL CONFERENCE ROOM - 5:00 P.M.
Mayor Peters called the meeting to order at 5:00 p.m.
PRESENT: Janice Peters Mayor
Thad Baxley Councilmember
Melody DeMeritt Councilmember
William Peirce Councilmember
Betty Winholtz Councilmember
STAFF: Robert Hendrix City Manager
Robert Schultz City Attorney
CLOSED SESSION
MOTION: Councilmember Peirce moved the meeting be adjourned to Closed
Session. The motion was seconded by Councilmember Winholtz and
unanimously carried. (5-0)
Mayor Peters read the Closed Session Statement.
CS-1 GOVERNMENT CODE SECTION 54957.6; CONFERENCE WITH
® LABOR NEGOTIATOR. Conference with the City Manager, the City's
Designated Representative, for the purpose of reviewing the City's position
regarding salaries, salary schedules, or compensation paid in the form of fringe
benefits, and giving instruction to the Designated Representative.
CS-2 GOVERNMENT CODE SECTION 54957; PERSONNEL ISSUES.
Discussions regarding Personnel Issues including one (1) public employee
regarding evaluation, specifically the City Manager.
CS-3 GOVERNMENT CODE SECTION 54956.8, REAL PROPERTY
TRANSACTIONS. Instructing City's real property negotiators regarding the
price and terms of payment for the purchase, sale, exchange, or lease of real
property.
• Property: Lease Site: Outfall Line
Negotiating Parties: City and Duke Energy
Negotiations: Lease Terms and Conditions
The meeting adjourned to Closed Session at 5:00 p.m. and returned to regular session at
6:00 p.m.
MOTION: Councilmember Peirce moved the meeting be adjourned. The motion was
® seconded by Councilmember DeMeritt and unanimously carried. (5-0)
The meeting adjourned at 6:00 p.m.
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — SEPTEMBER 26, 2005
®
VETERANS MEMORIAL HALL - 6:00 P.M.
Mayor Peters called the meeting to order at 6:10 p.m.
PRESENT: Janice Peters
Mayor
Thad Baxley.
Councilmember
Melody DeMeritt
Councilmember
William Peirce
Councilmember
Betty Winholtz
Councilmember
STAFF: Robert Hendrix
City Manager
Andrea Lueker
Assistant City Manager
Robert Schultz
City Attorney,
Bridgett Bauer
City Clerk
Rick Algert
Harbor Director
Bruce Ambo
Public Services Director
} Frank Cunningham
City Engineer
John DeRohan
Police Chief
Dave Phillips
Maintenance Supervisor
Mike Pond
Fire Chief
Jim Koser
Finance Director
®
ESTABLISH QUORUM AND CALL TO ORDER
MOMENT OF SILENCE
PLEDGE OF ALLEGIANCE
MAYOR'S REPORTS & ANNOUNCEMENTS
CLOSED SESSION REPORT - City Attorney Robert Schultz reported the City Council
met in Closed Session, and no reportable action under
the Brown Act was taken.
PUBLIC COMMENT
Greg Smith, State Department of Parks and Recreation, gave an update for the
Department stating the temporary fences on Morro Strand State Beach would be
removed; the asphalt at the south end of Morro Strand State Beach is being restored; and
paving is taking place in the State Park.
Betty Forsythe gave an update on Friends of the Library progress.
Hank Roth announced there would be a Neighborhood Watch meeting on September 28's,
and the program will be on City Emergency Services.
Keith Taylor, Friends of Morro Bay Fire Department; -,gave an update on this weekend's
fire calls.
2
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — SEPTEMBER 26, 2005
Sam Gilstrap addressed Item A-2 (Resolution No. 37-05 Implementing Parking In -Lieu
Fees) stating a $20,000 increase in parking in -lieu fee could cause adverse affects on
local businesses and the revitalization of the downtown area.
Marla Bruton expressed concern with the project at Quintana Road and Main Street.
Richard Sadowski expressed concern with the reclamation discharge into the estuary.
Suzie Schultz announced the annual Harbor Festival would be held this weekend.
John Weiss addressed the challenges of insurance and City fees for special events, and
requested Council consideration in this matter.
Roger Ewing stated the International Skateboard Slolam Competition was held in Mono
Bay last weekend; he- said this event should have been publicized. He said the
Community Promotions Committee should review eco-tourism. Mr. Ewing also thanked
Councilmember Baxley for requesting to agendize the annexation of the back bay item.
Lynda Merrill addressed the parking in -lieu fee item and fees for special events. She also
® stated she has heard complaints about the survey that is taking place on revenue and
noted perhaps the questions could be less difficult to answer.
Mayor Peters closed the hearing for public comment.
Mayor Peters called for a break at 6:50 p.m.; the meeting resumed at 7:05 p.m.
DECLARATION OF FUTURE AGENDA ITEMS — None.
A. CONSENT CALENDAR
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 SEPTEMBER 12, 2005 REGULAR
CITY COUNCIL MEETING; (ADMINISTRATION)
RECOMMENDATION: Approve as submitted.
A-2 RESOLUTION NO. 37-05 IMPLEMENTING PARKING IN -LIEU FEES;
(CITY ATTORNEY)
0 RECOMMENDATION: Adopt Resolution No. 37-05.
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — SEPTEMBER 26, 2005
A-3 STATUS REPORT ON CBDG GRANT FOR NORTH MORRO BAY FIRE
STATION REHABILITATION; (FIRE)
RECOMMENDATION: Receive report for information.
A-4 RESOLUTION NO. 36-05 APPROVING ASSIGNMENT OF A 1/3 INTEREST
IN THE LEASE AGREEMENT FOR LEASE SITE 53-56/53W-56W,
LOCATED AT 501 EMBARCADERO; (HARBOR)
RECOMMENDATION: Adopt Resolution No. 36-05.
A-5 HURRICANE KATRINA RELIEF RESOLUTION; (CITY ATTORNEY)
RECOMMENDATION: Adopt Resolution No. 38-05.
A-6 PROCLAMATION DECLARING FIRE PREVENTION WEEK; (FIRE)
RECOMMENDATION: Adopt Proclamation.
® Councilmember Peirce pulled Item A-2 from the Consent Calendar; Councilmember
DeMeritt pulled item A-3; and Mayor Peters pulled Item A-6.
MOTION: Councilmember Winholtz moved the City Council approve Items A-1, A-
4 and A-5 of the Consent Calendar. The motion was seconded by
Councilmember Baxley and carried unanimously. (5-0)
A-2 RESOLUTION NO. 37-05 IMPLEMENTING PARKING IN -LIEU FEES;
(CITY ATTORNEY)
Councilmember Peirce stated he pulled this item because he is not in support of
Resolution No. 37-05.
Councilmember Baxley stated he has concern with the $20,000 in -lieu fee being a little
high, and could cause developers not to be able to afford to build in Morro Bay; he
suggested lowering the fee to $15,000.
Councilmember DeMeritt addressed the number of new commercial buildings that
remain vacant. She said the $20,000 in -lieu fee would allow the City to do something
about parking; however, eliminating the parking in -lieu fee could place the responsibility
on the builders for providing parking.
® Councilmember Winholtz stated she supports the $20,000 in -lieu fee; however, she has
concern with using these funds to hire a consultant.
2
11
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — SEPTEMBER 26, 2005
Mayor Peters stated she supports lowering the parking in -lieu fee to $15,000.
MOTION: Councilmember Baxley moved the City Council approve Item A-2 of the
Consent Calendar with the amendment amending the parking in -lieu fee to
$15,000. The motion was seconded by Councilmember Winholtz and
carried with Councilmember DeMeritt and Councilmember Peirce voting
no. (3-2)
A-3 STATUS REPORT ON CBDG GRANT FOR NORTH MORRO BAY FIRE
STATION REHABILITATION; (FIRE)
Councilmember DeMeritt stated the City has received CDBG grant funding for the North
Morro Bay Fire Station rehabilitation for $500,000; however there is a $1,000,000
shortfall. She suggested funds from the sale of the Cloister's property should be
dedicated to this project until the CDBG funds come through.
MOTION: Councilmember Peirce moved the City Council approve Item A-3 of the
Consent Calendar. The motion was seconded by Councilmember Baxley
and carried unanimously. (5-0)
is A-6 PROCLAMATION DECLARING FIRE PREVENTION WEEK; (FIRE)
Mayor Peters pulled this item for public awareness.
MOTION: Mayor Peters moved the City Council approve Item A-6 of the Consent
Calendar. The motion was seconded by Councilmember Peirce and
carried unanimously. (5-0)
B. PUBLIC HEARINGS. REPORTS & APPEARANCES
B-1 PUBLIC HEARING ON CREEK CLEARANCE COSTS; (PUBLIC SERVICES)
City Engineer Frank Cunningham stated in October 1988, the City of Morro Bay and
California Department of Fish & Game (F&G) entered into a Memorandum of
Understanding (MOU) to allow City crews to routinely perform creek maintenance under
certain conditions and make payment of the associated fees set by F&G. Since then, the
City has been maintaining proper creek flows by removing vegetation and debris that
accumulates in the creeks. City staff has not routinely acquired permission to enter these
creeks, which are mostly on private property. Many. citizens have grown accustom to the
City providing this service and have complained when the service is delayed or reduced.
The City typically utilizes inexpensive, trained crews from California Department of
is recently'
and then submits quarterly reports identifying the location and description of the
recently completed work, and pays the required fees to F&G as specified in the MOU.
On July 9, 2001, the City received a letter from F&G stating the MOU had expired. Staff
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — SEPTEMBER 26, 2005
has been pursuing the new required "Streambed Alteration Permit" -from F&G. This
permit process requires the preparation of a Biological Resource Survey Report,. Initial
Study/Environmental Documents, and Creek Maintenance and Management Plan prior to
submitting the permit application to F&G. The F&G permit application was submitted
on May 5, 2005, and the City has yet to receive approval of this permit that would allow
routine creek maintenance. Mr. Cunningham recommended the City Council review,
discuss and direct staff accordingly.
Mayor Peters opened the hearing for public comment.
Ken Winters stated his Mobilehome was damaged in the 1995 flood and he is quite
concerned with further damage. He said Mobilehome parks provide the only affordable
housing in the City, and the majority of tenants are on fixed incomes and cannot afford to
pay fees for cleaning the creeks. Mr. Winters urged the City Council to consider all
aspects of this project.
Mayor Peters closed the public comment hearing
Councilmember Winholtz stated the City should pursue a grant for this project. She said
® clearing the creeks should be something the City does without charging the neighboring
residents.
Councilmember Baxley stated the City should maintain the creeks, and find some way to
have the City reimbursed for this service.
Councilmember DeMeritt stated the City should consider grant funding or other
alternatives rather than charging homeowners.
Councilmember Peirce stated this is a process that should not involve the homeowners,
and the City should find some way to assist in the funding.
Mayor Peters stated this is something the City should do for the community
MOTION: Councilmember DeMeritt moved the City Council direct staff' to return
with stream maintenance cost estimates; information on cost impacts to
property owners and other residents; feasibility recommendations on
alternative approaches; and, recommendation on creative ways to fund the
work program through grants, countywide funding for creek maintenance
or other sources. The motion was seconded by Councilmember Winholtz.
Councilmember Baxley stated he would like the motion to include the informal process.
® Mayor Peters stated she would like the motion to include the investigation of cost
recovery.
MINUTES - MORRO BAY CITY COUNCIL
® REGULAR MEETING — SEPTEMBER 26, 2005
VOTE: The motion carried with Councilmember Baxley and Mayor
Peters voting no. (3-2)
B-2 DISCUSS, FURTHER DEFINE AND CLARIFY INSURANCE NEEDS AND
COSTS TO BE RECOVERED FOR SPECIAL EVENTS; (ADMINISTRATION)
City Manager Robert Hendrix stated prior to the adoption of the fiscal year 2005/2006
budget, the City Council indicated that cost recovery was of the utmost priority. As a
result, the City began looking at the direct cost of events and included those costs with
the conditions of approval. The first event considered in this manner was the July 4t°
event. Following receipt of the conditions of approval for the July 4's event, the
coordinator met with the Department Head Team and reviewed costs and determined
where volunteers and volunteer services could be substituted to reduce expenditures. A
number of special events are held in the City each year, and are coordinated by a variety
of types of groups. In 2002, the Recreation and Parks Commission spent several
meetings reviewing permit fees and then forwarded updated fee recommendations to the
City Council, who adopted the updated fees in August 2002. When an entity, individual
or group desires to conduct a special event on public property, they are generally required
to complete a use permit. Mr. Hendrix recommended the City Council review the staff
® report and direct staff accordingly.
Mayor Peters opened the hearing for public comment.
Kim Kimball, Chamber of Commerce CEO, stated Rotary International meets the
insurance requirements for special events.
Gretchen Hambrade, Girl Scouts of America, stated with the assistance of Harbor
Festival, their non-profit organization is running the carnival, and they will benefit from
the profits if the fees are lowered.
David Owens, President of Harbor Festival, Inc., stated private security cost is as much as
the Police Explorers and their supervisor. He requested the Council consider co-
sponsoring this event.
Mayor Peters closed the public comment hearing.
Council considered the reduction in fees and not charging for items the City already
owns.
MOTION: Councilmember DeMeritt moved the City Council co-sponsor the Harbor
Festival and forgive no more than $4,000 in City support costs this year,
and transition to full City cost recovery in future years. The motion was
seconded by Councilmember Winholtz.
7
MINUTES - MORRO BAY CITY COUNCIL
® REGULAR MEETING — SEPTEMBER 26, 2005
Councilmember Baxley stated the City is not fiscally capable to support this motion.
Councilmember Peirce stated this will set precedent, and if the City is going to co-
sponsor this event then it should also co-sponsor other events in the City.
Councilmember DeMeritt stated the $4,000 will not only assist the Harbor Festival, but
also the other participating non-profit groups.
Councilmember DeMeritt called the question.
VOTE: The motion carried with Councilmember Baxley and Councilmember
Peirce voting no. (3-2)
B-3 PRESENTATION ON BIO-DIESEL FUEL ALTERNATIVE; (HARBOR)
Council received a presentation on a bio-diesel fuel alternative by Luke Politte of AgriFuels.
Mayor Peters opened the hearing for public comment.
® Ed Ewing stated commercial fishermen would consider using the 20% fuel alternative,
which would not erode the hoses and clog the filters of their tanks.
Mayor Peters closed the public comment hearing.
This was an informational item, and no action was taken.
Mayor Peters called for a break at 9:55 p.m.; the meeting resumed at 10:05 p.m.
C. UNFINISHED BUSINESS
C-I REPORT AND DISCUSSION ON RECREATION AND PARKS
COMMISSION LETTER REGARDING THE BUDGET; (ADMINISTRATION)
City Manager Robert Hendrix stated the City Council requested that he provide a
response and comment regarding the letter approved by the Recreation & Parks
Commission regarding the adopted fiscal 2005-2006 Budget. The Commission requested
a change in the placement of expense for a portion of management costs in the budget.
The issue is related to the adding of Human Resources/Risk Management duties to the
Recreation & Parks Director responsibilities. The Recreation & Parks Commission
requested that some $59,000 be added to the appropriations of the Recreation & Parks
Administration budget or other Recreation & Parks budget for the purpose of funding
® additional programming. The source for this additional funding is intended to come from
reduced expense for salaries and benefits for the Recreation & Parks Director. The
Recreation & Parks Commission further suggests shifting those reduced costs to the City
D
MINUTES - MORRO BAY CITY COUNCIL
® REGULAR MEETING — SEPTEMBER 26, 2005
Manager budget and paying them within that budget. Mr. Hendrix recommended the
City Council acknowledge the perspective of the Recreation & Parks Commission on the
budget; agree to make the budget changes in the next fiscal year; continue to implement
the organizational change consolidating the duties and responsibilities of Human
Resources/Risk Management and Recreation & Parks Director as Assistant City
Manager.
MOTION: Mayor Peters moved the City Council acknowledge the perspective of the
Recreation & Parks Commission on the budget; agree to make the budget
changes in the next fiscal year; continue to implement the organizational
change consolidating the duties and responsibilities of Human
Resources/Risk Management and Recreation & Parks Director as
Assistant City Manager. The motion was seconded by Councilmember
Baxley and carried unanimously. (5-0)
C-2 REVIEW OF CITY ATTORNEY MEMO TO PLANNING COMMISSION ON
DETERMINATION OF COMMON OPEN SPACE REQUIREMENTS; (CITY
ATTORNEY)
® Councilmember Winholtz requested this item under Future Agenda Items at the July 11,
2005 City Council meeting. The City Attorney reviewed the memorandum from staff to
the Planning Commission dated May 16, 2005 regarding the Commission's interpretation
and guidelines on common open space in community housing projects, and Exhibit A
attached thereto. The Planning Commission is authorized to read, interpret, and apply the
City's planning and zoning codes, regulations, plan policies, specifications, and other
technical materials. However, the concern lies in the adoption of Exhibit A, in which the
Planning Commission overstepped its duties and responsibilities by not just interpreting
the City's zoning code, but also added new and different requirements that do not
presently exist in the zoning code.
MOTION: Councilmember DeMeritt moved the City Council adopt Conditions 4 & 5
on Exhibit "A" of the Open Space Requirements. The motion was
seconded by Councilmember Winholtz.
Councilmember Peirce stated Condition 4 is not needed and could be eliminated from
these requirements.
Councilmember Baxley agreed that Condition #4 is not necessary, and what needs to be
done is to not add to the Planning Commission's workload.
Councilmember Winholtz stated there are certain rules in the City's zoning code that
® should be abided by and this reinforces the open space requirements.
E
MINUTES - MORRO BAY CITY COUNCIL
® REGULAR MEETING — SEPTEMBER 26, 2005
Mayor Peters stated there have been community housing projects that have already been
approved with small spaces, and she does not want to separate this discussion from the
full context of the City's subdivision requirements.
Councilmember DeMeritt called the question.
VOTE: The motion failed with Councilmember Baxley, Councilmember Peirce
and Mayor Peters voting no. (2-3)
C-3 REPORT ON LEGAL - REQUIREMENTS FOR NOTICING; (CITY
ATTORNEY)
City Attorney Robert Schultz stated at the City Council's August 8, 2005 meeting,
Councilmember Winholtz brought forward a discussion item regarding the City's policy
on noticing requirements for various City meetings. Mr. Schultz reviewed the City's
noticing requirements, and stated the current procedures used for noticing meets the
requirements. He recommended the City Council discuss the City's ordinances and
policies relating to noticing requirements for development projects, and direct staff
accordingly.
® MOTION: Councilmember Peirce moved the City Council direct staff to bring back
suggestions for the mailing of legal noticing cards. The motion was
seconded by Councilmember Baxley and carried unanimously. (5-0)
C-4 REPORT AND DISCUSSION ON AGENDA PLANNING;
(ADMINISTRATION)
City Manager Robert Hendrix stated on June 5-7, 2005, Councilmember DeMeritt
attended a CJPIA City Council Academy. At that meeting, she received an "Agenda
Planning Guide" used by the City of Laguna Niguel in which Council Members from that
city cited it as saving their city time and money. Mr. Hendrix prepared a similar guide
for Morro Bay, and recommended the City Council review and adopts this planning
guide.
MOTION: Councilmember Winholtz moved the City Council adopt the Agenda
Planning Guide. The motion was seconded by Councilmember DeMeritt
and carried unanimously. (5-0)
D. NEW BUSINESS
D-1 REPORT ON BACK BAY ISSUES; (HARBOR)
® This item was continued to the October 10, 2005 City Council meeting.
10
MINUTES - MORRO BAY CITY COUNCIL
® REGULAR MEETING — SEPTEMBER 26, 2005
D-2 DISCUSSION ON ANNEXATION PROCESS; (PUBLIC SERVICES)
This item was continued to the October 10. 2005 City Council meeting.
ADJOURNMENT
The meeting adjourned at 10:55 p.m.
Recorded by:
Bridgett Bauer
City Clerk
r
11
® City ®f Morro Bay
City Council Agenda
Mission Statement
The City of Morro Bay is dedicated to the preservation and enhancement of the quality
of l fe The City shall be committed to this purpose and will provide a level of
municipal service and safety consistent with and responsive to the needs of the public.
REGULAR MEETING — SEPTEMBER 12, 2005
CLOSED SESSION — SEPTEMBER 12, 2005
CITY HALL CONFERENCE ROOM — 4:30 P.M.
595 HARBOR ST., MORRO BAY, CA
CS-1 GOVERNMENT CODE SECTION 54956.9. CONFERENCE WITH
LEGAL COUNSEL DUE TO ANTICIPATED LITIGATION. Initiation of
litigation exists based upon existing facts and the advice of legal counsel as to one
matter.
e Parties: City of Mono Bay and Martony/Pekarek
Issue: Breach of Lease Agreement for Lease Site 35W-36W.
CS-2 GOVERNMENT CODE SECTION 54956.8: REAL 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 one (1) parcel:
• Property: 714 Embarcadero and 781 Market Avenue
IT IS NOTED THAT THE CONTENTS OF CLOSED SESSION MEETINGS
ARE CONFIDENTIAL AND EXEMPT FROM DISCLOSURE.
11
® PUBLIC SESSION — SEPTEMBER 12, 2005
VETERANS MEMORIAL HALL - 6:00 P.M.
209 SURF ST., MORRO BAY, CA
ESTABLISH QUORUM AND CALL TO ORDER
MOMENT OF SILENCE
PLEDGE ORALLEGIANCE
MAYOR AND COUNCILMEMBERS ANNOUNCEMENTS & PRESENTATIONS
CLOSED SESSION REPORT
PUBLIC COMMENT PERIOD - Members of the audience wishing to address the
Council on City business matters (other than Public Hearing items under Section B) may
do so at this time.
To increase the effectiveness of the Public Comment Period, the following rules shall be
followed:
• When recognized by the Mayor, please come forward to the podium and state
your name and address for the record. Comments are to be limited to three
minutes.
• All remarks shall be addressed to Council, as a whole, and not to any
® individual member thereof.
• The Council respectfully requests that you refrain from making slanderous,
profane or personal remarks against any elected official, commission and/or
staff.
• Please refrain from public displays or outbursts such as unsolicited applause,
comments or cheering.
• Any disruptive activities that substantially interfere with the ability of the City
Council to carry out its meeting will not be permitted and offenders will be
requested to leave the meeting.
• Your participation in City Council meetings is welcome and your courtesy
will be appreciated -
In compliance with the Americans with Disabilities Act, if you need special assistance to
participate in this meeting, please contact the City Clerk, (805) 772-6205. Notification 72
hours prior to the meeting will enable the City to make reasonable arrangements to ensure
accessibility to this meeting.
COUNCIL DECLARATION OF FUTURE AGENDA ITEMS
11
2
® A. CONSENT CALENDAR
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 AUGUST 22, 2005 REGULAR CITY
COUNCIL MEETING; (ADMINISTRATION)
RECOMMENDATION: Approve as submitted.
A-2 INVESTMENT REPORTS FOR JUNE AND JULY 2005; (FINANCE)
RECOMMENDATION: Receive for information.
A-3 RESOLUTION NO.32-05 ESTABLISHING ANNUAL PROPOSITION 4
APPROPRIATION LIMIT FOR FISCAL YEAR 2005-2006; (FINANCE)
RECOMMENDATION: Adopt Resolution No. 32-05.
A-4 RESOLUTION NO. 34-05 APPROVING A NEW TWENTY-YEAR LEASE
AGREEMENT FOR LEASE SITE 110W-112W (LOCATED AT 1185
EMBARCADERO) BETWEEN THE CITY OF MORRO BAY AND GAFCO,
INC.; (HARBOR)
® RECOMMENDATION: Adopt Resolution No. 34-05.
A-5 RESOLUTION NO. 35-05 APPROVING A SUBLEASE AGREEMENT FOR A
PORTION OF LEASE SITE 124-127/124W-127W (LOCATED AT 1215
EMBARCADERO) BETWEEN VIRG'S FISH'N, INC. AND LEONARD
GENTIEU; (HARBOR)
RECOMMENDATION: Adopt Resolution No. 35-05.
A-6 PROCLAMATION DECLARING SEPTEMBER 26-OCTOBER I, 2005 AS
"SEA OTTER AWARENESS WEEK"; (ADMINISTRATION)
RECOMMENDATION: Adopt Proclamation.
A-7 PROCLAMATION DECLARING SEPTEMBER 16, 2005 AS "STEPFAMILY
DAY"'; (ADMINISTRATION)
RECOMMENDATION: Adopt Proclamation.
11
3
® B. PUBLIC HEARINGS. REPORTS & APPEARANCES
B-1 RESOLUTION NO. 33-05 ACCEPTING SUPPLEMENTAL LAW
ENFORCEMENT SERVICES FUND STATE COPS GRANT; (POLICE)
RECOMMENDATION: Adopt Resolution No. 33-05.
B-2 CONTINUED PUBLIC HEARING ON THE APPEAL OF THE PLANNING
COMMISSION DENIAL OF A COMMUNITY HOUSING PROJECT
PROPOSED AT 516 SHASTA AVENUE; (PUBLIC SERVICES)
RECOMMENDATION: Uphold, the Planning Commission's determination and
deny the appeal; or, approve the appeal, reversing the Planning Commission
findings for denial and conditionally approve the project with changes.
B-3 DISCUSSION ON PARKING IN -LIEU FEES; (FINANCE)
RECOMMENDATION: Discuss and direct staff accordingly.
C. UNFINISHED BUSINESS
CA REPORT ON LEGAL REQUIREMENTS FOR NOTICING; (CITY
ATTORNEY)
RECOMMENDATION: Discuss and direct staff accordingly.
D. NEW BUSINESS
D-I STAFF RECOMMENDATIONS REGARDING USE OF NEW REVENUES;
(FINANCE)
RECOMMENDATION: Discuss and direct staff accordingly.
D-2 REPORT AND RECOMMENDATION TO RE -FILL POLICE OFFICER
VACANCIES; (POLICE)
RECOMMENDATION: Authorize refilling Police Officer vacancies as they
occur through the remainder of the fiscal year.
D-3 REVIEW OF CITY ATTORNEY MEMORANDUM TO THE PLANNING
COMMISSION ON DETERMINATION OF COMMON OPEN SPACE
REQUIREMENTS; (CITY ATTORNEY)
RECOMMENDATION: Discuss and direct staff accordingly.
0
4
® D4 REPORT AND DISCUSSION ON RECREATION & PARKS COMMISSION
LETTER REGARDING THE BUDGET; (ADMIMSTRATION)
C
RECOMMENDATION: Discuss and direct staff accordingly.
D-5 REPORT AND DISCUSSION ON AGENDA PLANNING GUIDE; (CITY
COUNCIL)
RECOMMENDATION: Adopt an Agenda -Planning Guide.
ADDED AGENDA ITEM:
(The City Council may only discuss this item if it determines by 4/5 vote that there is a
need for immediate action which cannot reasonably wait for the next regularly
scheduled meeting.)
ADDED AGENDA ITEM # 1:
DISCUSSION OF LOCAL DISASTER RELIEF AND RECOVERY EFFORTS
RELATED TO HURRICAN KATRINA; (CITY COUNCIL)
RECOMMENDATION: Discuss and direct staff accordingly.
E. ADJOURNMENT
THIS AGENDA IS SUBJECT TO AMENDMENT UP TO 72 HOURS PRIOR TO
THE DATE AND TIME SET FOR THE MEETING. PLEASE REFER TO THE
AGENDA POSTED AT CITY HALL FOR ANY REVISIONS OR CALL THE
CLERK'S OFFICE AT 772-6200 FOR FURTHER INFORMATION.
COPIES OF STAFF REPORTS OR OTHER PUBLIC DOCUMENTATION
RELATING TO EACH ITEM OF BUSINESS REFERRED TO ON THIS
AGENDA ARE ON FILE IN THE OFFICE OF THE CITY CLERK AND
AVAILABLE FOR PUBLIC INSPECTION AND REPRODUCTION AT COST AT
CITY HALL, LIBRARY, AND MILLS STATIONERY.
IN COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT, IF
YOU NEED SPECIAL ASSISTANCE TO PARTICIPATE IN A CITY MEETING,
PLEASE CONTACT THE CITY CLERK'S OFFICE AT LEAST 24 HOURS
PRIOR TO THE MEETING TO INSURE THAT REASONABLE
ARRANGEMENTS CAN BE MADE TO PROVIDE ACCESSIBILITY TO THE
MEETING.
5
® NOTICE OF SPECIAL MEETING
NOTICE IS HEREBY GIVEN that the Morro Bay City Council will be holding
a Special Meeting on Thursday, September 8, 2005 at 5:00 a.m. to be held in the
Veterans' Memorial Building, 209 Surf Street, Morro Bay, California. The City
Council will be previewing the agenda for the Morro Bay/Cayucos Sanitary District
Joint Powers Authority meeting as follows:
A. CONSENT CALENDAR
1. Minutes of August 11, 2005 Meeting— Recommend approve.
2. Minutes of August 25, '2005 WWTP Technical Advisory Committee —
Recommend Approve
B.
1. Consideration to Approve FY 05-06 Budget
2. Status Report on the Full Secondary WWTP Upgrade 91/2 Year Time
Schedule
C. NEW BUSINESS
1. Report from the WWTP (JPA) Subcommittee
2. Schedule Neat Joint Meeting and Agenda Items
E
The City Council will adjourn to the Morro Bay/Cayucos Sanitary District Joint
Powers Authority meeting that will begin at 7:00 p.m., and will be held in the
Veterans' Memorial Building, 209 Surf Street, Morro Bay, California.
IN COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT, IF
YOU NEED SPECIAL ASSISTANCE TO PARTICIPATE IN A CITY MEETING,
PLEASE CONTACT THE CITY CLERK'S OFFICE AT LEAST 24 HOURS
PRIOR TO THE MEETING TO INSURE THAT REASONABLE
ARRANGEMENTS CAN BE MADE TO PROVIDE ACCESSIBILITY TO THE
MEETING.
DATED: September 1, 2005
Bridgett B er, City Clerk
C�
MINUTES - MORRO BAY CITY COUNCIL
CLOSED SESSION — SEPTEMBER 12, 2005
CITY HALL CONFERENCE ROOM — 4:30 P.M.
Mayor Peters called the meeting to order at 4:30 p.m.
PRESENT:
STAFF:
CLOSED SESSION
Janice Peters
Thad Baxley
Melody DeMeritt
William Peirce
Betty Winholtz
Robert Hendrix
Robert Schultz
Mayor
Councilmember
Councitmember
Councilmember
Councilmember
City Manager
City Attorney
MOTION: Councilmember Peirce moved the meeting be adjourned to Closed
Session. The motion was seconded by Councilmember Baxley and
unanimously carried. (5-0)
Mayor Peters read the Closed Session Statement.
® CS-1 GOVERNMENT CODE SECTION 54956.9; CONFERENCE WITH
LEGAL COUNSEL DUE TO ANTICIPATED LITIGATION. Initiation of
litigation exists based upon existing facts and the advice of legal counsel as to one
matter.
• Parties: City of Morro Bay and Martony/Pekarek
Issue: Breach of Lease Agreement for Lease Site 35W-36W.
CS-2 GOVERNMENT CODE SECTION 54956.8: REAL 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 one (1) parcel:
Property: 714 Embarcadero and 781 Market Avenue
The meeting adjourned to Closed Session at 4:30 p.m. and returned to regular session at
5:40 p.m.
MOTION: Councilmember Winholtz moved the meeting be adjourned. The motion
was seconded by Councilmember Baxley and unanimously carried. (5-0)
The meeting adjourned at 5:40 p.m.
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — SEPTEMBER 12, 2005
VETERANS MEMORIAL HALL - 6:00 P.M.
Mayor Peters called the meeting to order at 6:00 p.m
PRESENT: Janice Peters
Mayor
Thad Baxley
Councilmember
Melody DeMeritt
Councilmember
William Peirce
Councilmember
Betty Winholtz
Councilmember
STAFF: Robert Hendrix
Andrea Lueker
Robert Schultz
Bridgett Bauer
Rick Algert
Bruce Ambo
John DeRohan
Mike Pond
Mike Prater
Jim Koser
City Manager
Assistant City Manager
City Attorney
City Clerk
Harbor Director
Public Services Director
Police Chief
Fire Chief
Senior Planner
Finance Director
® ESTABLISH QUORUM AND CALL TO ORDER
MOMENT OF SILENCE
PLEDGE OF ALLEGIANCE
MAYOR'S REPORTS & ANNOUNCEMENTS
CLOSED SESSION REPORT - City Attorney Robert Schultz reported the City Council
met in Closed Session, and no reportable action under the Brown Act was taken.
Mayor Peters requested to add an item to the agenda by 4/5 vote to discuss local disaster
relief and recovery efforts related to Hurricane Katrina.
MOTION: Councilmember Winholtz moved the City Council add the discussion of
local disaster relief and recovery efforts related to Hurricane Katrina to the
public hearing portion of this agenda The motion was seconded by
Councilmember Peirce and carried unanimously. (5-0)
PUBLIC COMMENT
Barry Dorfman addressed Item D4 (Report and Discussion on Recreation & Parks
Commission Letter Regarding the Budget) stating the Recreation & Parks Commission
letter addresses the importance to accurately reflect where the funding is coming from for
the Recreation & Parks Director's. new position as Assistant City Manager so the public
will better understand.
® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — SEPTEMBER 12, 2005
Lynda Merrill shared pictures of the men and women who volunteer their time by
providing meals through Meals on Wheels, and food from local markets for people in
need ages 55 and older.
David Owens, President of the Harbor Festival, addressed the benefits in revenue the
Harbor Festival brings to the City, and the proposed costs for City services rendered at
this year's Harbor Festival.
Roger Ewing expressed his admiration for the rock sculpture on Morro Bay Boulevard.
He also requested the City consider extending the city limits to include all of the back
bay.
Frank DeVine agreed the City should consider extending the city limits to include the
estuary shore to shore as far south as possible. He said the Central Coast Chapter of the
California Woodcarver's Guild would be holding an event on September 24 h and 25`s at
the Cayucos Veterans' Hall.
® Suzie Schultz, Executive Director of the Harbor Festival, stated CJ Chenier and the Red
Hot Louisiana Band will be performing at the Festival on Saturday, and this band should
be recognized when considering Hurricane Katrina.
11
Stan House stated the City should assist, in waiving fees for the Harbor Festival and other
events that bring people to the City.
Mayor Peters closed the hearing for public comment.
DECLARATION OF FUTURE AGENDA ITEMS
Mayor Peters requested a discussion on insurance needs and costs to be recovered for
special events; Councilmember DeMeritt and Councilmember Peirce concurred.
Councilmember Baxley requested a discussion on an annexation process;
Councilmember DeMeritt and Councilmember Winholtz concurred.
Councilmember Winholtz requested the review of San Luis Obispo Council of
Governments projects; Councilmember Baxley and Mayor Peters concurred.
3
® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — SEPTEMBER 12, 2005
Councilmember DeMeritt requested the consideration of placing an item on the agenda
taking up the issue of forming an Ad -Hoc Committee for the purpose of organizing an
on -going Environmental Committee, and noted a staff report is not necessary;
Councilmember Winholtz concurred.
A. CONSENT CALENDAR
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 AUGUST 22, 2005 REGULAR CITY
COUNCIL MEETING; (ADMINISTRATION)
RECOMMENDATION: Approve as submitted.
A-2 INVESTMENT REPORTS FOR JUNE AND JULY 2005; (FINANCE)
RECOMMENDATION: Receive for information.
® A-3 RESOLUTION NO.32-05 ESTABLISHING ANNUAL PROPOSITION 4
APPROPRIATION LIMIT FOR FISCAL YEAR 2005-2006; (FINANCE)
RECOMMENDATION: Adopt Resolution No. 32-05.
A-4 RESOLUTION NO. 34-05 APPROVING A NEW TWENTY-YEAR LEASE
AGREEMENT FOR LEASE SITE 110W-112W (LOCATED AT 1185
EMBARCADERO) BETWEEN THE CITY OF MORRO BAY AND GAFCO,
INC.; (HARBOR)
RECOMMENDATION: Adopt Resolution No. 34-05.
A-5 RESOLUTION NO. 35-05 APPROVING A SUBLEASE AGREEMENT FOR A
PORTION OF LEASE SITE 124-127/124W-127W (LOCATED AT 1215
EMBARCADERO) BETWEEN VIRG'S FISH'N, INC. AND LEONARD
GENTIEU; (HARBOR)
RECOMMENDATION: Adopt Resolution No. 35-05.
11
2
® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — SEPTEMBER 12, 2005
A-6 PROCLAMATION DECLARING SEPTEMBER 26—OCTOBER 1, 2005 AS
"SEA OTTER AWARENESS WEEK"; (ADMINISTRATION)
RECOMMENDATION: Adopt Proclamation.
A-7 PROCLAMATION DECLARING SEPTEMBER 16, 2005 AS "STEPFAMILY
DAY" "; (ADMINISTRATION)
RECOMMENDATION: Adopt Proclamation.
Councilmember Winholtz pulled Items A-1, A-3, A-4 and A-5 from the Consent Calendar;
Mayor Peters pulled Items A-6 and A-7.
MOTION: Councilmember Winholtz moved the City Council approve Item A-2 of
the Consent Calendar. The motion was seconded by Councilmember
DeMeritt and carried unanimously. (5-0)
A-1 APPROVAL OF MINUTES FOR THE AUGUST 22, 2005 REGULAR CITY
COUNCIL MEETING; (ADMINISTRATION)
Councilmember Winholtz requested a correction be made on page 7 of the August 22,
2005 City Council minutes; Council concurred.
MOTION: Councilmember Winholtz moved the City Council approve Item A-1 of
the Consent Calendar as amended. The motion was seconded by
Councilmember Baxley and carried unanimously. (5-0)
A-3 RESOLUTION NO. 32-05 ESTABLISHING ANNUAL PROPOSITION 4
APPROPRIATION LIMIT FOR FISCAL YEAR 2005-2006; (FINANCE)
Councilmember Winholtz expressed concern with the discrepancy of this report stating it
does not reflect the accuracy of the City. Finance Director Jim Koser clarified how the
appropriation limit was determined.
MOTION: Councilmember Peirce moved the City Council approve Item A-3 of the
Consent Calendar. The motion was seconded by Councilmember Baxley
and carried unanimously. (5-0)
5
® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — SEPTEMBER 12, 2005
A4 RESOLUTION NO. 34-05 APPROVING A NEW TWENTY-YEAR LEASE
AGREEMENT FOR LEASE SITE IIOW-112W (LOCATED AT 1185
EMBARCADERO) BETWEEN THE CITY OF MORRO BAY AND GAFCO,
INC.; (HARBOR)
Councilmember Winholtz asked if the parking should be expanded with the proposed
expansion of the restaurant. Harbor Director Rick Algert responded the project is in the
conceptual phase, and parking will be discussed in the future. Councilmember Winholtz
stated the annual minimum rent should be increased with a new lease.
MOTION: Councilmember Baxley moved the City Council approve Item A-4 of the
Consent Calendar. The motion was seconded by Councilmember Peirce
and carried with Councilmember Winholtz voting no. (4-1)
A-5 RESOLUTION NO. 35-05 APPROVING A SUBLEASE AGREEMENT FOR A
PORTION OF LEASE SITE 124-127/124W-127W (LOCATED AT 1215
EMBARCADERO) BETWEEN VIRG'S FISH'N, INC. AND LEONARD
GENTIEU; (HARBOR)
® Councilmember Winholtz stated the Harbor Director previously answered her questions
on this item.
MOTION: Councilmember Winholtz moved the City Council approve Item A-5 of
the Consent Calendar. The motion was seconded by Councilmember
Peirce and carried unanimously. (5-0)
A-6 PROCLAMATION DECLARING SEPTEMBER 26—OCTOBER 1, 2005 AS
"SEA OTTER AWARENESS WEEK"; (ADMINISTRATION)
Mayor Peters addressed this item for public information.
MOTION: Mayor Peters moved the City Council approve Item A-6 of the Consent
Calendar. The motion was seconded by Councilmember Baxley and
carried unanimously. (5-0)
A-7 PROCLAMATION DECLARING SEPTEMBER 16, 2005 AS "STEPFAMILY
DAY"'; (ADMINISTRATION)
Mayor Peters addressed this item for public information.
0
® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — SEPTEMBER 12, 2005
MOTION: Mayor Peters moved the City Council approve Item A-7 of the Consent
Calendar. The motion was seconded by Councilmember Peirce and
carried unanimously. (5-0)
Mayor Peters called for a break at 6:57 p.m.; the meeting resumed at 7:10 p.m.
B. PUBLIC HEARINGS, REPORTS & APPEARANCES
B-1 RESOLUTION NO. 33-05 ACCEPTING SUPPLEMENTAL LAW
ENFORCEMENT SERVICES FUND STATE COPS GRANT; (POLICE)
Police Chief John DeRohan stated since 1996-1997, the Citizen's Option for Public
Safety (COPS) established by AB 1913 and codified as Government Code Section 30061,
has been distributing State grant funds to local law enforcement agencies to supplement
"front line law enforcement services." Amendments to the original legislation removed
an original "sunset clause" and also increased the amount guaranteed to each agency at a
minimum of $100,000 in order to insure the funds as a continuing revenue source.
Legislation requires an annual report be prepared in September to the City Council on
® how the funds are proposed for use by the Police Department and annual reporting to the
County Oversight Committee on the proposed use and actual expenditures of COPS
funds. Chief DeRohan recommended the City Council hold a public hearing and adopts
Resolution No. 33-05 accepting $100,000 from the State of California Citizens Option for
Public Safety Program.
Mayor Peters opened the hearing for public comment; there being no comments, Mayor
Peters closed the public comment hearing.
Councilmember DeMeritt referred to the allocation of the funds, and suggested adjusting
the allocations and place more money in personnel over -time so to assist with events such
as the Harbor Festival.
Councilmember Peirce stated the gas line runs the emergency generator when the power
goes out, which is a necessity. He also said these funds are not a part of the General
Fund.
Councilmember Winholtz stated a School Resource Officer is needed at the high school,
and thought some of these funds could go towards that. She also agreed that some of the
funds could be used to assist the Harbor Festival.
Mayor Peters stated the fence replacement seems it could be superfluous, but it houses
® safety equipment. She said the Harbor Festival is a separate issue.
® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — SEPTEMBER 12, 2005
MOTION: Councilmember Baxley moved the City Council adopt Resolution No. 33-05
accepting $100,000 from the State of California Citizens Option for Public
Safety Program. The motion was seconded by Councilmember Peirce and
carried with Councilmember DeMeritt voting no. (4-1)
B-2 CONTINUED PUBLIC HEARING ON THE APPEAL OF THE PLANNING
COMMISSION DENIAL OF A COMMUNITY HOUSING PROJECT
PROPOSED AT 516 SHASTA AVENUE; (PUBLIC SERVICES)
Senior Planner Mike Prater stated at the August 8, 2005 meeting, the City Council
continued this public hearing to the September 12, 2005 Council meeting. The
applicant/appellant was invited to return with a revised project addressing the items
discussed by the City Council. The motion directed staff to explore options with the
applicant that would preserve the neighborhood character, potentially reducing the size of
Unit D, and find other ways to approve the project without the need for a variance. The
applicant/appellant is requesting approval of a Tentative Tract Map, Conditional Use
Permit, Coastal Development Permit and setback Variances to subdivide two existing
® parcels creating four parcels and thereby a four -unit community housing project.
Currently three existing residential emits exist; two detached houses are located on one
parcel and one house and detached garage on the other adjoining parcel. The applicant
proposes to demolish the detached garage and construct a new fourth residential unit and
create a total of four lots through the community housing project regulations. Mr. Prater
recommended the City Council uphold the Planning Commission's determination and
deny the appeal; or, approve the appeal, reversing the Planning Commission findings for
denial and conditionally approve the project with changes.
George Contento, applicant/appellant, stated he does not understand the open space issue
since there are several other community housing projects that have similar open space
areas. He said there are benefits for affordable housing with a larger project. Mr.
Contento stated the planning of this project tried to incorporate the character of the older
buildings, and he is willing to place a height limit on the two front houses for a period of
time. He said a benefit of this project is the two back units will be listed at below the
medium price for Morro Bay, which makes the units more affordable.
Mayor Peters opened the hearing for public comment.
Roger Ewing and Frank Devine expressed support for this project.
Mayor Peters closed the public comment hearing.
El
® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — SEPTEMBER 12, 2005
Councilmember Winholtz stated she supports this project because of the retention of the
character of the neighborhood. She said she also supports deed restricting the height of
the two front units.
Councilmember Baxley stated this project has too many variance requests, and he cannot
approve it.
Councilmember DeMeritt stated she could forgive the variance requests because of the
preservation of three units. She said the two front houses should be deed restricted, and
she favors this project because of the built in affordability of the two front houses.
Councilmember Peirce stated the nature of the design of this project offers affordability.
He said the variances will not harm the neighborhood, and he supports the project.
Mayor Peters stated the house requiring the variances is proposed at 1,640 square feet,
and should have useable space. She said because of the request for community housing
and a lot split, she believes there should be conformance with the lot size by reducing the
square footage of the new unit. Mayor Peters stated she couldn't support this project as
® proposed.
MOTION: Councilmember DeMerift moved the City Council approve the appeal and
reverse the Planning Commission's findings for denial of this project, and
conditionally approve the project with the change that the two front units
will be deed restricted in height limit to be single level homes. The
motion was seconded by Councilmember Winholtz.
Councilmember Peirce stated he is going to oppose this motion unless the applicant goes
with Option 2 in the staff report.
VOTE: The motion failed with Councilmember Baxley, Councilmember Peirce
and Mayor Peters voting no. (2-3)
MOTION: Mayor Peters moved the City Council approve Option 2 of the staff report
as follows: 1) Approve the project with changes; 2) Unit D shall be
reduced in size to meet the setbacks; 3) Council accepts the open space as
presented not including the driveways or parking areas, and allow the non-
conforming setbacks for the pre-existing structures to remain because the
proposal does not extend, worsen or otherwise substantially exasperate the
level of nonconformance; 4) Council will allow variances for the older
structures from the new property lines due to the unique combination of
difficult circumstances that complicate the design by virtue of the existing
® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — SEPTEMBER 12, 2005
improvements, such that, it is not feasibly possible to satisfy the project objectives
and at the same time bring the site into conformance with zoning regulations.
Because the existing residences would essentially have to be totally rebuilt to
comply with the setback requirement, destroying the neighborhood character; and
5) Restrictions to the existing units will be placed on the project that limits the
footprints to what is proposed and maximum -building heights for the front units
limited to single -story to preserve the neighborhood character. The motion was
seconded by Councilmember Peirce and carried with Councilmember Winholtz
voting no. (4-1)
Mayor Peters called for a break at 9:04 p.m.; the meeting resumed at 9:15 p.m.
B-3 DISCUSSION ON PARKING IN -LIEU FEES; (FINANCE)
City Attorney Robert Schultz stated the City's Parking In -Lieu Fund was established in
1988 to.provide increased business opportunities along the community's waterfront.
Rather than providing on -site parking, owners were allowed to pay the City a fee in the
amount of $4,000 per required on -site parking space, thereby increasing the area
available for business development. Monies accumulated in the fund are to be used
solely for the purpose of improving public parking availability, as the Municipal Code
specifically states that Parking In -Lieu fees shall be used for planning, design, acquisition
or lease of land and development/redevelopment of public parking facilities. Mr. Schultz
recommended the City Council receive this report and provide direction to staff.
Mayor Peters opened the hearing for public comment.
Rodger Anderson suggested Council raise the parking in -lieu fee across the board. He
said this fee should not be a revenue source. Mr. Anderson also suggested placing
parking meters in the key areas of the City.
John Barta discussed the different types of businesses and how the parking in -lieu fee is
paid by some but not other businesses. He also stated that new businesses are not coming
to Morro Bay because of the exorbitant fees required to start a business.
Frank DeVine stated the intent of the parking in -lieu fee is to provide off -site parking.
He said the discrepancy of valuation and actual cost demonstrates why the City is in
budget crisis and has a lack of parking. Mr. DeVine stated the taxpayers deserve better
than what has been received through this dysfunctional program.
Priscilla Ko requested Council take action by increasing the parking in -lieu fees. She said
® abolishing the current fees would not serve the best interest of the City.
10
® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — SEPTEMBER 12, 2005
Bob Tefft stated the City is obligating itself to provide facilities without providing the
funds to build them.. He said the fees should be increased across the board. Mr. Tefft
stated the parking in -lieu program is essential to redevelopment of the downtown and the
continued development of the Embarcadero.
George Contento stated the parking in -lieu fund is a voluntary welfare program. He said
in -lieu fees should be set at market value, otherwise, anything short of market value
results in parking shortage and an expensive welfare program. Mr. Contento stated
Morro Bay is the only town on the North Coast with an in -lieu program, and he believes
it should be terminated.
Roger Ewing stated the in -lieu parking fee should be higher than $4,000 per space, and
should be set across the board at $25,000 per space with an increase each year.
Mayor Peters closed the public comment hearing.
MOTION: Mayor Peters moved the City Council direct staff to investigate the cost
® for a consultant to draft a Parking Management Plan, and return to Council
for review. The motion was seconded by Councilmember Baxley and
carried unanimously. (5-0)
C
Mayor Peters stated it is time to consider placing parking meters in town to form a source
of revenue. She said the funds in the parking in -lieu fund would not be enough to build a
parking structure.
Councilmember Baxley stated Council should increase the parking in -lieu fee in order to
be able to afford to build a parking structure.
Councilmember DeMeritt stated the City should be charging at least $20,000 per parking
space in order to build a parking structure.
MOTION: Councilmember Baxley moved the City Council set In -Lieu Parking Fees
at $20,000 per parking space. The motion was seconded by
Councilmember DeMeritt and carried with Mayor Peters and
Councilmember Peirce voting no. (3-2)
11
MINUTES - MORRO BAY CITY COUNCIL
46 REGULAR MEETING — SEPTEMBER 12, 2005
B4 DISCUSSION OF LOCAL DISASTER RELIEF AND RECOVERY EFFORTS
RELATED TO HURRICANE KATRINA; (CITY COUNCIL)
Mayor Peters stated there would be an event at City Park on Friday, September 16'h in
order to collect funding or items needed to support the victims of Hurricane Katrina.
Mayor Peters opened the hearing for public comment.
Penny Harrington shared a list of needed items to assist the New Orleans Police
Department, and stated more funding is needed to assist in costs including shipping costs.
Lynda Merrill shared an audiotape from an employee of a police department addressing
what assistance is needed.
Ann Reeves stated she is packing toiletries and labeling them for men/women.
Ray McKelligott stated the police in New Orleans desperately need our help.
® Suzie Schultz stated the Harbor Festival is set up as a non-profit and can help in any way
possible.
E
Mayor Peters closed the public comment hearing.
Mayor Peters stated there is a young mother who will be volunteering in the Gulf, and
requested a fee waiver for her children attending Kids Club while she's gone.
Councilmember Winholtz stated she would like to see our Police Department help
support the New Orleans Police Department with a donation of some sort. She also
suggested Council consider supporting this crisis with contingency funds.
Council offered $125 each in contingency funds less Councilmember DeMeritt because
she waived her contingency funds.
MOTION: Councilmember Peirce moved the City Council direct staff to send $500 in
City Council discretionary funds to the New Orleans Police Department;
bring back a resolution for Hurricane Katrina Relief for Council approval;
and allow volunteers to access City programs as available. The motion was
seconded by Councilmember Winholtz and carved unanimously. (5-0)
12
MINUTES - MORRO BAY CITY COUNCIL
® REGULAR MEETING — SEPTEMBER 12, 2005
C. UNFINISHED BUSINESS
C-1 REPORT ON LEGAL REQUIREMENTS FOR NOTICING; (CITY
ATTORNEY)
This item was continued to the September 26, 2005 City Council meeting.
D. NEW BUSINESS
D-1 STAFF RECOMMENDATIONS REGARDING USE OF NEW REVENUES;
(FINANCE)
Finance Director Jim Koser stated the budget estimates for revenues are based upon the
best available historical data, along with any other current factors that may impact the
projections. New revenue is the money the City receives that is either due to a favorable
variance in the actual revenue receipts or was never envisioned and not included in the
budget, at the time it was developed. The goal is to end the year with actual revenues
equal to the total revenues budgeted. In the past decade, the City has had extended
® periods of enhanced revenues, due to healthy basic economic circumstances, with high
levels of visitor activity. The outcome of this past budget was an 11% reduction in the
budget from the prior year, yet a shortfall of $306,000 remained in the adopted budget.
This projected shortfall will reduce General Fund Reserves below one million dollars by
June 30, 2006. Mr. Koser stated it is strongly recommended that any new revenues be
used to restore reserves in the General Fund, in order to cope with future challenges. It
would be prudent to develop a plan or policy for new revenues that includes some
significant effort to restore reserves. By addressing the issue before new revenues have
been received, will allow the City Council to decide the issue with less pressure and with
more planning than simply reacting to a favorable change in finances, without thorough
analysis. Mr. Koser stated it would be helpful if a formal policy or philosophical
consensus ofthe .City Council could be achieved.
LE
MOTION: Mayor Peters moved the City Council direct staff that all new revenue
received this fiscal year be placed in the reserves until they are up to 25%.
The motion was seconded by Councilmember DeMeritt and carried
unanimously. (5-0)
13
® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — SEPTEMBER 12, 2005
D-2 REPORT AND RECOMMENDATION TO RE -FILL POLICE OFFICER
VACANCIES; (POLICE)
Police Chief John DeRohan stated the Police Department recently received the
resignation of a permanent sworn position, which creates a vacancy in.the Department.
Staff is requesting authority to fill this vacancy through an in-house appointment of a
grant -funded police officer. It is the past practice of the City to move the grant -funded
officers to permanent general fund positions as vacancies occur. This change would be
accomplished immediately and avoid costs for recruiting, testing, hiring, initial training
and equipment expenses. Currently all positions are frozen as a part of the action taken
in adopting the budget, and Chief DeRohan requested authority to re -hire when future
vacancies occur in sworn positions within this fiscal year.
MOTION: Councilmember Winholtz moved the City Council direct staff to fill the
vacancy with the grant officer position; and, all other vacancies go before
Council. The motion was seconded by Councilmember DeMeritt.
MOTION: Councilmember Baxley moved the City Council go beyond 11:00 p.m.
® The motion was seconded by Councilmember Winholtz and carried
unanimously. (5-0)
VOTE: The motion failed with Councilmember Baxley, Councilmember Peirce
and Mayor Peters voting no. (2-3)
MOTION: Councilmember Baxley moved the City Council authorize staff to refill
the police officer vacancies as they occur through the remainder of the
fiscal year; and, authorize staff to fill the police officer vacancy created by
the resignation of Officer John Taylor to be filled in-house, appointing
grant funded officer, Leslie Daily to the permanent position. The motion
was seconded by Councilmember Peirce and carried with Councilmember
DeMeritt and Councilmember Winholtz voting no. (3-2)
D-3 REVIEW OF CITY ATTORNEY MEMORANDUM TO THE PLANNING
COMMISSION ON DETERMINATION OF COMMON OPEN SPACE
REQUIREMENTS; (CITY ATTORNEY)
This item was continued to the September 26, 2005 City Council meeting.
11
14
® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — SEPTEMBER 12, 2005
D-4 REPORT AND DISCUSSION ON RECREATION & PARKS COMMISSION
LETTER REGARDING THE BUDGET; (ADMINISTRATION)
This item was continued to the September 26, 2005 City Council meeting.
D-5 REPORT AND DISCUSSION ON AGENDA PLANNING GUIDE; (CITY
COUNCIL)
This item was continued to the September 26, 2005 City Council meeting.
ADJOURNMENT
The meeting adjourned at 11:04 p.m.
Recorded -by: �-
® Bridgett Bauer
City Clerk
1
15
® City of Morro Bay
City Council Agenda
Mission Statement
The City of Morro Bay is dedicated to the preservation and enhancement of the quality
of life. The City shall be committed to this purpose and will provide a level of
municipal service and safety consistent with and responsive to the needs of the public.
REGULAR MEETING — AUGUST 22, 2005
CLOSED SESSION — AUGUST 22, 2005
CITY HALL CONFERENCE ROOM - 5:00 P.M.
595 HARBOR ST., MORRO BAY, CA
CS-1 GOVERNMENT CODE SECTION 54957.6: CONFERENCE WITH
LABOR NEGOTIATOR. Conference with the City Manager, the City's
® Designated Representative, for the purpose of reviewing the City's position
regarding salaries, salary schedules, or compensation paid in the form of fringe
benefits, and giving instruction to the Designated Representative.
CS-2 GOVERNMENT CODE SECTION 54956.9: CONFERENCE WITH
LEGAL COUNSEL DUE TO ANTICIPATED LITIGATION. Initiation of
litigation exists based upon existing facts and the advice of legal counsel as to one
matter.
• Parties: City of Mono Bay and Martony/Pekarek
Issue: Breach of Lease Agreement for Lease Site 35W-36W.
CS-3 GOVERNMENT CODE SECTION 54956.9(a): CONFERENCE WITH
LEGAL COUNSEL REGARDING PENDING LITIGATION.
STATUS REPORT ON ALL PENDING L/TrGATION. This is a report
on status and no action may be taken on any matter not
specifically listed. Council may request a specific matter be
agendized in the future for action.
IT IS NOTED THAT THE CONTENTS OF CLOSED SESSION MEETINGS
® ARE CONFIDENTIAL AND EXEMPT FROM DISCLOSURE.
PUBLIC SESSION — AUGUST 22, 2005
VETERANS MEMORIAL HALL - 6:00 P.M.
® 209 SURF ST., MORRO BAY, CA
ESTABLISH QUORUM AND CALL TO ORDER
MOMENT OF SILENCE
PLEDGE OF ALLEGIANCE
MAYOR AND COUNCILMEMBERS ANNOUNCEMENTS & PRESENTATIONS
CLOSED SESSION REPORT
PUBLIC COMMENT PERIOD - Members of the audience wishing to address the
Council on City business matters (other than Public Hearing items under Section B) may
do so at this time.
To increase the effectiveness of the Public Comment Period, the following rules shall be
followed:
• When recognized by the Mayor, please come forward to the podium and state
your name and address for the record. Comments are to be limited to three
minutes.
• All remarks shall be addressed to Council, as a whole, and not to any
individual member thereof.
• The Council respectfully requests that you refrain from making slanderous,
profane or personal remarks against any elected official, commission and/or
® staff.
• Please refrain from public displays or outbursts such as unsolicited applause,
comments or cheering.
•. Any disruptive activities that substantially interfere with the ability of the City
Council to carry out its meeting will not be permitted and offenders will be
requested to leave the meeting.
• Your participation in City Council meetings is welcome and your courtesy
will be appreciated.
In compliance with the Americans with Disabilities Act, if you need special assistance to
participate in this meeting, please contact the City Clerk, (805) 772-6205. Notification 72
hours prior to the meeting will enable the City to make reasonable arrangements to ensure
accessibility to this meeting.
COUNCIL DECLARATION OF FUTURE AGENDA ITEMS
A. CONSENT CALENDAR
Unless an item is pulled for separate action by the City Council, the following actions are
approved without discussion.
AA APPROVAL OF MINUTES FOR THE JULY 25, 2005 AND AUGUST 8, 2005
® REGULAR CITY COUNCIL MEETINGS; (ADMINISTRATION)
RECOMMENDATION: Approve as submitted.
2
A-2 ACCEPTANCE OF LETTER OF RESIGNATION FROM COMMUNITY
® PROMOTIONS COMMITTEE MEMBER MEREDITH BATES;
(ADMINISTRATION)
RECOMMENDATION: Receive and accept the letter of resignation, and
authorize the City Clerk to proceed with advertising the vacancy.
A-3 PROPOSED BUDGET ADJUSTMENT PROVIDING FOR HALF-TIME
CRIME PREVENTION COORDINATOR POSITION IN THE POLICE
DEPARTMENT; (ADMINISTRATION)
RECOMMENDATION: Approve budget adjustment providing for half-time
Crime Prevention Coordinator position in the Police Department.
A1I DESIGNATION OF VOTING DELEGATE FOR 2005 LEAGUE OF
CALIFORNIA CITIES ANNUAL CONFERENCE; (ADMINISTRATION)
RECOMMENDATION: Designate voting delegate for the 2005 League of
California Cities Annual Conference Business Meeting.
B. PUBLIC HEARINGS, REPORTS & APPEARANCES —NONE.
C. UNFINISHED BUSINESS
® C-I REPORT AND UPDATE OF PLANNING DIVISION WORK PROGRAM;
(PUBLIC SERVICES)
RECOMMENDATION: Provide direction for shifting the priorities of the
Advanced Planning Work Program.
C-2 REPORT ON COMPENSATION POLICY FOR CITY "AT WILL"
EMPLOYEES; (ADMINISTRATION)
RECOMMENDATION: Receive report for information.
C-3 REPORT ON ALTERNATIVE ROLE FOR COMMUNITY PROMOTIONS
COMMITTEE; (ADMINISTRATION)
RECOMMENDATION: Receive report, discuss and direct staff accordingly.
C4 REPORT ON SPENDING OPERATIONS OF THE CHAMBER OF
COMMERCE VISITOR'S CENTER; (ADMINISTRATION)
RECOMMENDATION: Receive report for information.
9
C-5 REPORT ON REDUCING THE SIZE OF VARIOUS ADVISORY BOARDS;
® (ADMINISTRATION)
RECOMMENDATION: Receive report, discuss and direct staff accordingly.
C-6 REPORT ON ISSUES RELATED TO CREATING AN AD HOC ADVISORY
COMMITTEE ON ENVIRONMENTAL ISSUES; (ADMINISTRATION)
RECOMMENDATION: Receive report, discuss and direct staff accordingly.
C-7 REPORT AND CONTINUED DISCUSSION OF PROS AND CONS OF
REDEVELOPMENT AGENCY FORMATION; (PUBLIC SERVICES)
RECOMMENDATION: Provide direction to either continuing further research on
development, or deferring further action by receiving and filing the report.
D. NEW BUSINESS
D-I REPORT AND DISCUSSION OF DEVELOPMENT IMPACT FEE PROGRAM;
(ADMINISTRATION)
RECOMMENDATION: Discuss the requirements and implications of
implementing new development impact fees, and direct staff accordingly.
® D-2 REPORT ON LEGAL REQUIREMENTS FOR NOTICING; (CITY
ATTORNEY)
RECOMMENDATION: Receive report, discuss and direct staff accordingly.
E. ADJOURNMENT
THIS AGENDA IS SUBJECT TO AMENDMENT UP TO 72 HOURS PRIOR TO THE DATE AND
TIME SET FOR THE MEETING. PLEASE REFER TO THE AGENDA POSTED AT CITY
HALL FOR ANY REVISIONS OR CALL THE CLERK'S OFFICE AT 772-6200 FOR FURTHER
INFORMATION.
COPIES OF STAFF REPORTS OR OTHER PUBLIC DOCUMENTATION RELATING TO
EACH ITEM OF BUSINESS REFERRED TO ON THIS AGENDA ARE ON FILE IN THE
OFFICE OF THE CITY CLERK AND AVAILABLE FOR PUBLIC INSPECTION AND
REPRODUCTION AT COST AT CITY HALL, LIBRARY, AND MILLS STATIONERY.
IN COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT, IF YOU NEED
SPECIAL ASSISTANCE TO PARTICIPATE IN A CITY MEETING, PLEASE CONTACT THE
CITY CLERK'S OFFICE AT LEAST 24 HOURS PRIOR TO THE MEETING TO INSURE THAT
REASONABLE ARRANGEMENTS CAN BE MADE TO PROVIDE ACCESSIBILITY TO THE
MEETING.
® MINUTES - MORRO BAY CITY COUNCIL
CLOSED SESSION — AUGUST 22, 2005
CITY HALL CONFERENCE ROOM - 5:00 P.M.
El
11
Mayor Peters called the meeting to order at 5:00 p.m.
PRESENT: Janice Peters Mayor
STAFF:
CLOSED SESSION
Thad Baxley
.Melody DeMeritt
William Peirce
Betty Winholtz
Robert Hendrix
Robert Schultz
Councilmember
Councilmember
Councilmember
Councilmember
City Manager
City Attorney
MOTION: Councilmember Baxley moved the meeting be adjourned to Closed
Session. The motion was seconded by Councilmember Peirce and
unanimously carried. (3-0)
Councilmember DeMeritt and Councilmember Winholtz arrive.
Mayor Peters read the Closed Session Statement.
CS-1 GOVERNMENT CODE SECTION 54957.6; CONFERENCE WITH
LABOR NEGOTIATOR. Conference with the City Manager, the City's
Designated Representative, for the purpose of reviewing the City's position
regarding salaries, salary schedules, or. compensation paid in the form of fringe
benefits, and giving instruction to the Designated Representative.
CS-2 GOVERNMENT CODE SECTION 54956.9; CONFERENCE WITH
LEGAL COUNSEL DUE TO ANTICIPATED LITIGATION. Initiation of
litigation exists based upon existing facts and the advice of legal counsel as to one
matter.
Parties: City of Mono Bay and Martony/Pekarek
Issue: Breach of Lease Agreement for Lease Site 35W-36W.
CS-3 GOVERNMENT CODE SECTION 54956.9(a): CONFERENCE WITH
LEGAL COUNSEL REGARDING PENDING LITIGATION.
• STATUS REPORT ON ALL PENDrNG LITIGATION. This is a
report on status and no action may be taken on any matter not
specifically listed. Council may request a specific matter be
agendized in the future for action.
® Mayor Peters departs the meeting.
The meeting adjourned to Closed Session at 5:00 p.m. and returned to regular session at
5:50 p.m.
MOTION: Councilmember Baxley moved • the meeting be adjourned to Closed
Session. The motion was seconded by Councilmember Peirce and
unanimously carried. (4-0)
The meeting adjourned at 5:50 p.m.
11
2
® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — AUGUST 22, 2005
VETERANS MEMORIAL HALL - 6:00 P.M.
Mayor Peters called the meeting to order at 6:00 p.m.
PRESENT: Janice Peters
Mayor
Thad Baxley
Councilmember
Melody DeMeritt
Councilmember
William Peirce
Councilmember
Betty Winholtz
Councilmember
STAFF: Robert Hendrix
Andrea Lueker
Robert Schultz
Bridgett Bauer
Rick Algert
Bruce Ambo
John DeRohan
Mike Pond
Jim Koser
City Manager
Assistant City Manager
City Attorney
City Clerk
Harbor Director
Public Services Director
Police Chief
Fire Chief
Finance Director
® ESTABLISH QUORUM AND CALL TO ORDER
MOMENT OF SILENCE
PLEDGE OF ALLEGIANCE
MAYOR'S REPORTS & ANNOUNCEMENTS
CLOSED SESSION REPORT - City Attorney Robert Schultz reported the City Council
met in Closed Session, and no reportable action under the Brown Act was taken.
PUBLIC COMMENT
The following people expressed support for Item C-6 (Report on Issues Related to
Creating an Ad Hoc Advisory Committee on Environmental Issues): Hershel Parker,
Noah Smukler, Joan Carter, Luke Politte, Lynda Merrill, Richard Sodowski, Marla
Bruton, Mandy Davis and Matthew Fleming.
Betty Forsythe defined what a "Helping Hand" is, and how this program can help the
community.
David Nelson stated it would be fiscally irresponsible to hire a consultant to perform a
survey on potential City revenues. He said these funds should go towards the City's
infrastructure or building a waterfront boardwalk.
Phil Hill thanked Council for their efforts with the Fish & Game Commission. He also
Is expressed the need for a boatyard in Morro Bay.
3
® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — AUGUST 22, 2005
Richard Sodowski expressed concern with a hazardous waste spill in the Lompoc area
that damaged our coast.
Marla Bruton thanked the City for their efforts at the MB/CSD JPA meeting. She said
she was at the Fish & Game Commission meeting, and they were in violation of the
Brown Act.
Mandy Davis thanked Council for their efforts at the Fish & Game Commission meeting.
She did express concern with the boat ride provided to the Fish & Game Commissioners
that included supporters of hunting in the bay.
Nancy Castle thanked those who assisted and donated towards the dinner hosted for the
Fish & Game Commission.
Ken Vesterfelt requested discussion on facility fees that are charged to non-profit groups
for events held in the City.
Lynda Merrill addressed Item C-2 (Report on Compensation Policy For City "At Will'
® Employees) stating some changes are needed on the benefit packages for these
employees. She also addressed Item C-5 (Report on Reducing the Size of Various
Advisory Boards) and requested the Council maintain the present size of the boards. Ms.
Merrill stated tourists should know that there is seasonal duck hunting.
Mayor Peters closed the hearing for public comment
DECLARATION OF FUTURE AGENDA ITEMS
Councilmember DeMeritt requested a power point presentation on bio-diesel fuels. She
also requested discussion on the letter received from the Recreation & Parks Commission
regarding a budget item; Mayor Peters and Councilmember Winholtz concurred.
Mayor Peters requested the discussion on structuring an annual town hall meeting;
Councilmember Winholtz concurred.
Mayor Peters called for a break at 7:00 p.m.; the meeting resumed at 7:10 p.m.
U
4
® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — AUGUST 22, 2005
A. CONSENT CALENDAR
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 JULY 25, 2005 AND AUGUST 8, 2005
REGULAR CITY COUNCIL MEETINGS; (ADMINISTRATION)
RECOMMENDATION: Approve as submitted.
A-2 ACCEPTANCE OF LETTER OF RESIGNATION FROM COMMUNITY
PROMOTIONS COMMITTEE MEMBER MEREDITH BATES;
(ADMINISTRATION)
RECOMMENDATION: Receive and accept the letter of resignation, and
authorize the City Clerk to proceed with advertising the vacancy.
A-3 PROPOSED BUDGET ADJUSTMENT PROVIDING FOR HALF-TIME
is DEPARTMENT;
PREVENTION COORDINATOR POSITION IN THE POLICE
DEPARTMENT; (ADMINISTRATION)
l
RECOMMENDATION: Approve budget adjustment providing for half-time
Crime Prevention Coordinator position in the Police Department.
A4 DESIGNATION OF VOTING DELEGATE FOR 2005 LEAGUE OF
CALIFORNIA CITIES ANNUAL CONFERENCE; (ADMINISTRATION)
RECOMMENDATION: Designate voting delegate for the 2005 League of
California Cities Annual Conference Business Meeting.
Mayor Peters pulled Item A-2 from the Consent Calendar; and Councilmember Winholtz
pulled Item A-3.
MOTION: Councilmember Winholtz moved the City Council approve Items A-1 and
A-4 of the Consent Calendar. The motion was seconded by
Councilmember Peirce and carried unanimously. (5-0)
W
MINUTES - MORRO BAY CITY COUNCIL
® REGULAR MEETING — AUGUST 22, 2005
A-2 ACCEPTANCE OF LETTER OF RESIGNATION FROM COMMUNITY
PROMOTIONS COMMITTEE MEMBER MEREDITH BATES;
(ADMINISTRATION)
Mayor Peters recognized the efforts of Community Promotions Committee Member
Meredith Bates, and also Public Works Advisory Board Member John Lemons.
MOTION: Councilmember Peirce moved the City Council approve Item A-2 of the
Consent Calendar. The motion was seconded by Councilmember Baxley
and carried unanimously. (5-0)
A-3 PROPOSED BUDGET ADJUSTMENT PROVIDING FOR HALF-TIME
CRIME PREVENTION COORDINATOR POSITION IN THE POLICE
DEPARTMENT; (ADMINISTRATION)
Councilmember Winholtz stated she would be voting in opposition to this item unless
appropriate funding has been designated for this position.
® MOTION: Councilmember Peirce moved the City Council approve Item A-3 of the
Consent Calendar. The motion was seconded by Councilmember Baxley
and carried with Councilmember Winholtz.voting no. (4-1)
B. PUBLIC HEARINGS, REPORTS & APPEARANCES — NONE.
C. UNFINISHED BUSINESS
CA REPORT AND UPDATE OF PLANNING DIVISION WORK PROGRAM;
(PUBLIC SERVICES)
Public Services Director Bruce Ambo stated on July 11, 2005, the City Council
established a temporary freeze on all new additions to the Planning Division work
program until the division is fully staffed, and moved the update to the Subdivision
Ordinance and Local CEQA guidelines sooner in the work program. This action was
intended to hold the line from falling further behind on nearly every aspect of Planning
Division operations until an additional planner could come on board and become familiar
with the planning framework in the community, which is estimated to be near the
beginning of next year. On July 25, 2005, the City Council added several Future Agenda
Items for discussion: 1) Private Open Space Requirements; 2) Private Property Tree
Regulations; And, 3) Vacation Rental Ordinance. On April 25, 2005, the Council added
another item on "Cooperative Housing" that was inadvertently omitted from the work
® program, which has since been added to the end of the list. If the new Future Agenda
T
® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — AUGUST 22, 2005
Items are added to the end of the Advanced Planning Work Program, it is quite likely
these items would not be taken up until 2007 and 2008.
Council asked for the referral of Planning Commission's letter relating to private open
space. Councilmember Winholtz stated she would bring forward the tree regulation after
consulting with the City Attorney. Mayor Peters stated she would research the vacation
rental ordinance. Council also requested a presentation on cooperative housing.
No further action was taken on this item.
C-2 REPORT ON COMPENSATION POLICY FOR CITY "AT WILL"
EMPLOYEES; (ADMINISTRATION)
City Manager Robert Hendrix stated during the July 25, 2005 Council meeting, the City
Council requested information about policy governing the compensation of the City
Executives who are "at -will" employees. They are hired based on individual
employment contracts, and each is appointed by the City Manager per City ordinance.
The contracts each had an initial four-year term, renewable for two-year terms. The other
"at will" employees in the City structure are the City Manager and the CityAttorney,
® who each has an individual contract and are appointed by the City Council. The current
policy governing executive compensation was adopted by the City Council on November
18, 2003. This action created a single range or "band" that formed the bounds for
compensating all of the Department Heads. The band is adjusted based upon general cost
of living adjustments adopted for the management group of the City through collective
bargaining. While some executive contracts were executed prior to the Council's action,
all are subject to the current compensation policy. Mr.Hendrix recommended the City
Council receive this report for information.
Council concurred that they should receive the department head contracts for review.
MOTION: Councilmember Winholtz moved the City Council be noticed sixty (60)
days in advance of a department head contract renewal, and Council will
receive copies of contracts upon final negotiations. The motion was
seconded by Councilmember DeMeritt and carried unanimously. (5-0)
C-3 REPORT ON ALTERNATIVE ROLE FOR COMMUNITY PROMOTIONS
COMM=E; (ADMINISTRATION)
City Manager Robert Hendrix stated the City Council requested a discussion about
assigning alternative responsibilities to the Community Promotions Committee. The
Community Promotions Committee scheduled a meeting for August 1, 2005 to consider
® the ideas of the Council. Formal changes to the role or make-up of the Community
7
® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — AUGUST 22, 2005
Promotions Committee would best be accomplished by the City Council approving
changes to the Committee by-laws. Mr. Hendrix recommended the City Council review
the information provided, consider comments and ideas of the Community Promotions
Committee, and provide direction to staff regarding the future role of the Committee.
Councilmember Peirce stated the promotional items could be expanded, and an over -haul
of the monthly meeting agenda should take place. He suggested a report be prepared for
Council on how to energize the Committee.
Councilmember DeMeritt stated events should be advertised showing tourists what there
is to do in Morro Bay.
Councilmember Winholtz stated she would like to have a staff person responsible for
promoting the City.
Councilmember Baxley stated Council should discuss this with the Community
Promotions Committee.
® Mayor Peters stated she would like to make recommendations on how the Committee
should function.
The City Council scheduled a joint meeting with the Community Promotions Committee
at its next regular meeting scheduled for September 15, 2005.
C4 REPORT ON SPENDING OPERATIONS OF THE CHAMBER OF
COMMERCE VISITOR'S CENTER; (ADMINISTRATION)
City Manager Robert Hendrix stated the City Council requested a report about the
operation of the Visitor Center and its relationship with the City. Currently, the City has
an agreement with the Chamber of Commerce to operate the Visitor Center. The
agreement was approved as to form by the City Council on August 23, 2004. In it, the
Chamber is broadly responsible for the operation of the Center. Payment is made on a
monthly basis from the Contract Services budget. The total annual appropriation is
$146,515. The Visitor Center occasionally submits expenses for reimbursement to the
City for promotional activities, which are paid out of the Community Promotions
Committee budget. Mr. Hendrix recommended the City Council receive this report for
information.
Councilmember DeMeritt stated she would like to see the expense reports of the Visitor
Center.
8
MINUTES - MORRO BAY CITY COUNCIL
® REGULAR MEETING — AUGUST 22, 2005
MOTION: Mayor Peters moved the City Council requests a monthly report from the
Visitors Center including the following expenses: rent, utilities, phone,
salaries, postage, supplies, copies, community promotion expenses, and
miscellaneous expenses. The motion was seconded by Councihnember
DeMeritt and carried unanimously. (5-0)
C-5 REPORT ON REDUCING THE SIZE OF VARIOUS ADVISORY BOARDS;
(ADMINISTRATION)
City Manager Robert Hendrix stated the City Council requested a discussion about the
size of its four current official Advisory Boards, which include the Recreation & Parks
Commission, Public Works Advisory Board, Harbor Advisory Board and the Community
Promotions Committee. These groups assist with advice and recommendations to the
City Council on policy matters of importance to the City. These groups are permanent
and as such are subject to the provisions of the Brown Act. The members of these groups
are appointed by the City Council. The task of finding, interviewing and selecting
residents who are ready, willing and able to serve in a community this size is a continuing
challenge. The City now has three vacancies on the committees. The City Council has
® asked to consider a change in the size of the groups over time bringing them, through
attrition down to five from seven members. Should the City Council desire.to make this
change, it would be appropriate to direct staff to bring back amended committee by-laws
for consideration. The proposed by-laws would provide for reduction in the size of the
groups through attrition or when current terms expire. Mr. Hendrix recommended the
City Council discuss this issue, and direct staff accordingly.
Council maintained the size of the advisory boards, and directed staff to postpone
advertising current vacancies until January 2006.
Mayor Peters called for a break at 8:50 p.m.; the meeting resumed at 8:55 p.m.
C-6 REPORT ON ISSUES RELATED TO CREATING AN AD HOC ADVISORY
COMMITTEE ON ENVIRONMENTAL ISSUES; (ADMINISTRATION)
City Manager Robert Hendrix stated the City Council has requested a discussion about
establishing an "ad hoc" committee on environmental issues. Councilmember DeMeritt
stated this commission would focus on specific tasks such as investigate and formulate
recommendations for cost-effective environmental ideas for the City; increase
community -wide awareness and education about conservation; provide input to the
Council on various conservation plans; investigate and apply for funding opportunities;
and generate possible programs for the community to promote eco-tourism.
E
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — AUGUST 22, 2005
Councilmember DeMeritt stated she would like this committee to focus on preserving,
enhancing, promoting and educating the public about our environment. She stated she
would form an ad -hoc committee, and report back to Council.
No further action was taken on this item.
C-7 REPORT AND CONTINUED DISCUSSION OF PROS AND CONS OF
REDEVELOPMENT AGENCY FORMATION; (PUBLIC SERVICES)
Public Services Director Bruce Ambo stated on July 25, 2005, the City Council received
a presentation on the topic redevelopment by urban Futures, Inc. Following the close of
the public comment period and the Council discussion, Council directed staff to return
with a report on the pros and cons of forming a Redevelopment Agency. One of the
major advantages of redevelopment is that it provides full time emphasis on
redevelopment and economic development. The primary purpose of redevelopment is to
eliminate blight by stimulating economic development through private property
investments that increase the property tax base. Twenty percent of the tax increment
generated in the redevelopment area must be spent on affordable housing on a citywide
® basis. On the "Con" side, taxing entities, primarily the school district and the County,
stand to loose potential tax increment that is generated in the redevelopment area because
the base tax year is frozen for the life of the agency. This tax increment is ultimately
redistributed at an inflated rate when the agency sunsets. Mr. Ambo recommended the
City Council provide direction to either continuing further research on redevelopment, or
deferring further action by receiving and filing the report.
Council concurred to continue consideration of this item to January 2006 during the mid-
year budget review.
No further action was taken on this item.
D. NEW BUSINESS
D-I REPORT AND DISCUSSION OF DEVELOPMENT IMPACT FEE PROGRAM;
(ADMINISTRATION)
City Manager Robert Hendrix stated that Councilmember DeMeritt had requested a
discussion about imposition of Development Impact Fees. These fees can be legally
assessed against new development to help pay for capital costs of many different
programs. The capital costs must be specifically related to the impacts of the new
development. In order for any such fee to be levied, the City must first demonstrate that
® it has a long-range capital plan. This plan must include a cost estimate for future capital
W11
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — AUGUST 22, 2005
projects in the community. The City must also analyze future capital costs in the
community and associate them to specific impacts of development, showing a nexus
between the new development and the future capital need. The relationship is essential to
having a valid impact fee. The task of completing these studies is complex even in a
larger jurisdiction where detailed capital plans are already in place. Tackling this
program in Morro Bay could be quite expensive. The expense should be weighed against
the future value of the fee. In making this comparison, the City should consider how
significant future development in this City will be, assuming the City boundaries remain
fixed and that there is relatively little open land within the City. Mr. Hendrix
recommended the City Council discuss the requirements and implications of
implementing new development impact fees and direct staff accordingly.
Council concurred to continue consideration of this item to January 2006 during the mid-
year budget review.
No further action was taken on this item.
D-2 REPORT ON LEGAL REQUIREMENTS 'FOR NOTICING; (CITY
® ATTORNEY)
This item was continued to the September 12, 2005 City Council meeting.
ADJOURNMENT
The meeting adjourned at 10:12 p.m.
Recorded by:
Bndgett Bauer
City Clerk
it
® NOTICE OF SPECIAL MEETING
NOTICE IS HEREBY GIVEN that the Morro Bay City Council will be holding a
Special Meeting on Thursday, August 11, 2005 at 5:00 p.m. to be held in the Community Center
Multi Purpose Room, 1001 Kennedy Way, Morro Bay, California. The City Council will be
previewing the agenda for the Morro Bay/Cayucos Sanitary District Joint Powers Authority meeting
as follows:
A. CONSENT CALENDAR
1. Minutes of May 19, 2005 Meeting - Recommend approval.
2. Minutes of May 26, 2005 WWTP Upgrade Subcommittee - Recommend approve.
3. Wastewater Treatment Plant (WWTP) Operations Report through June 30, 2005
(Keogh) — Recommend, receive and file.
4. Financial Status Report as of May 31, 2005 (Koser) — Recommend, receive and
file.
B. UNFINISHED BUSINESS
1. Consideration to Approve FY 05-06 Budget
2. Status Report on the Full Secondary WWTP Upgrade 91/2 Year Time Schedule
(Keogh)
® C. NEW BUSINESS
1. Update on the Preparation for Request for Proposal (RFP) for Facility Master Plan
foi WWTP Upgrade (Keogh)
2. Consideration of Whether or Not to Record Depreciation Expense Within the FY
05-06 Budget (Gibeaut)
3. Consideration of Whether or Not to Establish a Capital Outlay Fund for
Replacement of WWTP Facilities, in Accordance with Sections G and I(15) of the
Joint Powers Agreement (Gibeaut)
4. Discussion About Designation of an Official Spokesperson for Media and Public
Contact Purposes Concerning the WWTP Upgrade Project (Enns Verbal)
5. Discussion About the Possibility of Contracting or Hire of a Public Information
Officer for the WWTP Upgrade Project (Gibeaut)
6. Discussion About the Possibility of Contracting for Services of a Schedule
Coordinator for WWTP Upgrade (Erns)
7. Schedule Next Joint Meeting and Agenda Items
The City Council will adjourn to the Morro Bay/Cayucos Sanitary District Joint Powers
Authority meeting that will begin at 7:00 p.m., and will be held at the Cayucos Elementary
School, 301 Cayucos Drive, Cayucos, California 93430
11
IN COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT, IF YOU NEED
® SPECIAL ASSISTANCE TO PARTICIPATE IN A CITY MEETING, PLEASE CONTACT THE
CITY CLERK'S OFFICE AT LEAST 24 HOURS PRIOR TO THE MEETING TO INSURE THAT
REASONABLE ARRANGEMENTS CAN BE MADE TO PROVIDE ACCESSIBILITY TO THE
MEETING.
DATED: August 8, 2005
1"mmm"N'
11
2
6 Cityof Morro Bay
y
City Council Agenda
Mission Statement
The City of Morro Bay is dedicated to the preservation and enhancement of the quality
of life. The City shall be committed to this purpose and will provide a level of .
municipal service and safety consistent with and responsive to the needs of the public.
REGULAR MEETING — AUGUST 8, 2005
VETERANS MEMORIAL HALL - 6:00 P.M.
209 SURF ST., MORRO BAY, CA
ESTABLISH QUORUM AND CALL TO ORDER
MOMENT OF SILENCE
PLEDGE OF ALLEGIANCE
MAYOR AND COUNCILMEMBERS ANNOUNCEMENTS & PRESENTATIONS
® CLOSED SESSION REPORT
PUBLIC COMMENT PERIOD - Members of the audience wishing to address the
Council on City business matters (other than Public Hearing items under Section B) may
do so at this time.
To increase the effectiveness of the Public Comment Period, the following rules shall be
followed:
• When recognized by the Mayor, please come forward to the podium and state
your name and address for the record. Comments are to be limited to three
minutes.
• All remarks shall be addressed to Council, as a whole, and not to any
individual member thereof.
• The Council respectfully requests that you refrain from making slanderous,
profane or personal remarks against any elected official, commission and/or
staff.
• Please refrain from public displays or outbursts such as unsolicited applause,
comments or cheering.
• Any disruptive activities that substantially interfere with the ability of the City
Council to carry out its meeting will not be permitted and offenders will be
requested to leave the meeting.
® • Your participation in City Council meetings is welcome and your courtesy
will be appreciated.
® In compliance with the Americans with Disabilities Act, if you need special assistance to
participate in this meeting, please contact the City Clerk, (805) 772-6205. Notification 72
hours prior to the meeting will enable the City to make reasonable arrangements to ensure
accessibility to this meeting.
COUNCIL DECLARATION OF FUTURE AGENDA ITEMS
A. CONSENT CALENDAR
Unless an item is pulled for separate action by the City Council, the following actions are
approved without discussion.
A -I REPORT REQUESTING AUTHORITY TO COMMENCE LITIGATION RE:
LEASE SITE 35W-36W (CITY ATTORNEY)
RECOMMENDATION: Authorize litigation to ensure removal of the Tenants'
improvements (docks) on Lease Site 35W-36W.
A-2 ACCEPTANCE OF OFFER OF DEDICATION OF NON -POTABLE
IRRIGATION WELL AND APPROVAL OF OPERATING AGREEMENT
(PUBLIC SERVICES)
® RECOMMENDATION: Accept offer of dedication of non -potable irrigation well
and approve operating agreement.
CJ
A-3 A) ORDINANCE NO. 511 ADOPTING AMENDMENTS TO TITLE 17 OF THE
MORRO BAY MUNICIPAL CODE UPDATING THE ZONING ORDINANCE,
LOCAL COASTAL PROGRAM, ENVIRONMENTAL DOCUMENTS AND
COASTAL IMPLEMENTATION PLAN (SECOND READING/ADOPTION\ ; B)
ORDINANCE NO. 512 ADOPTING AMENDMENTS TO TITLE 17 OF THE
MORRO BAY MUNICIPAL CODE UPDATING THE SIGN ORDINANCE,
ENVIRONMENTAL DOCUMENTS AND COASTAL IMPLEMENTATION PLAN
(SECOND READING/ADOPTION) AND, C) ORDINANCE NO. 513 ADOPTING
ZONING MAP AMENDMENTS THAT CORRESPOND TO AMENDMENTS TO
TITLE 17 OF THE MORRO BAY MUNICIPAL CODE UPDATING THE ZONING
ORDINANCE,. LOCAL COASTAL PROGRAM, ENVIRONMENTAL
DOCUMENTS AND COASTAL IMPLEMENTATION PLAN; (SECOND
READING/ADOPTION) (PUBLIC SERVICES)
RECOMMENDATION: Approve the second reading and adopt Ordinance Nos.
511, 512, and 513.
2
A-4 PROCLAMATION DECLARING AUGUST 20, 2005 "SAN LUIS OBISPO
® COUNTY AIRPORT DAY" (ADMINISTRATION)
RECOMMENDATION: Adopt Proclamation.
A-5 GRANT OF ACCESS EASEMENT TO 460 CHORRO CREEK ROAD
(PUBLIC SERVICES)
RECOMMENDATION: Adopt Resolution 31-05 granting an additional 4-foot
easement for ingress and egress from Chorro Creek Road across City owned
property to property located at 460 Chorro Creek Road.
B. PUBLIC HEARINGS. REPORTS & APPEARANCES
B-1 PUBLIC HEARING ON THE APPEAL OF THE PLANNING COMMISSION
DENIAL OF A COMMUNITY HOUSING PROJECT PROPOSED AT 516
SHASTA AVENUE (PUBLIC SERVICES)
RECOMMENDATION: Consider the issue raised in appeal and either uphold the
Planning Commission's determination and deny the appeal or approve the
appeal, reversing the Planning Commission's findings for denial and take
final action.
® B-2 PUBLIC HEARING ON CONSIDERATION OF MIXED USE PROJECT AT
555 MAIN STREET (PUBLIC SERVICES)
RECOMMENDATION: Conditionally approve the project.
B-3 PUBLIC HEARING ON CONTINUING CONSIDERATION OF THE
APPROVAL OF SEVEN -LOT SUBDIVISION WITH THE EXISTING
CHURCH RETAINED ON THE REMAINDER PARCEL (PUBLIC
SERVICES)
RECOMMENDATION: Consider the offer of a pedestrian corridor and
conditionally approve the project.
C. UNFINISHED BUSINESS
C-I REPORT AND DISCUSSION ON FORMULATING AN E-MAIL POLICY
(CITY ATTORNEY)
RECOMMENDATION: Discuss and direct staff to bring back for adoption a
comprehensive e-mail policy.'
3
C-2 REPORT AND RECOMMENDATIONS ON USING PROFESSIONAL
® SURVEY TECHNIQUES TO GUIDE DECISIONS ON NEW REVENUE
PROGRAM (ADMINISTRATION)
RECOMMENDATION: Proceed with phase one of the project and baring back an
appropriate budget adjustment with the mid -year budget report.
C-3 CONTINUING UPDATE ON PLANNING DIVISION WORK PROGRAM
(PUBLIC SERVICES)
RECOMMENDATION: Provide direction for shifting the priorities of the
advanced Planning Work Program in response to recently added work items.
D. NEW BUSINESS
D-1 REPORT ON ISSUES RELATED TO CREATING AN AD HOC ADVISORY
COMMITTEE ON ENVIRONMENTAL ISSUES (ADMINSITRATION
RECOMMENDATION: Direct staff accordingly.
D-2 REPORT ON ALTERNATIVE ROLE FOR COMMUNITY PROMOTIONS
® COMMITTEE (ADMINISTRATION)
RECOMMENDATION: Consider comments and ideas of the Community
Promotions Committee and provide direction to staff regarding the future
role of the Committee.
D-3 REPORT ON CHANGING THE SIZE OF SELECTED ADVISORY BOARDS
(ADMINISTRATION)
RECOMMENDATION: Consider direction to staff to bring back modified
Committee By-laws for Council adoption.
D-4 REPORT ON FEASIBILITY OF ADDING AN EVENT COORDINATOR
POSITION IN THE HARBOR DEPARTMENT (HARBOR)
RECOMMENDATION: Review department analysis and do not proceed with
consideration of the concept at this time.
D-5 REPORT ON COMPENSATION POLICY FOR CITY "AT WILL"
EMPLOYEES (ADMINISTRATION
RECOMMENDATION: Receive information and file.
al
D-6 REPORT ON OPERATIONS OF THE VISITOR'S CENTER
6 (ADMINISTRATION)
RECOMMENDATION: Receive information and file.
E. ADJOURNMENT
THIS AGENDA IS SUBJECT TO AN1IENDMENT UP TO 72 HOURS PRIOR TO
THE DATE AND TIME SET FOR THE MEETING. PLEASE REFER TO THE
AGENDA POSTED AT CITY HALL FOR ANY REVISIONS OR CALL THE
CLERK'S OFFICE AT 772-6200 FOR FURTHER INFORMATION.
COPIES OF STAFF REPORTS OR OTHER PUBLIC DOCUMENTATION
RELATING TO EACH ITEM OF BUSINESS REFERRED TO ON THIS
AGENDA ARE ON FILE IN THE OFFICE OF THE CITY CLERK AND
AVAILABLE FOR PUBLIC INSPECTION AND REPRODUCTION AT COST AT
CITY HALL, LIBRARY, AND MILLS STATIONERY.
IN COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT, IF
YOU NEED SPECIAL ASSISTANCE TO PARTICIPATE IN A CITY MEETING,
® PLEASE CONTACT THE CITY CLERK'S OFFICE AT LEAST 24 HOURS
PRIOR TO THE MEETING TO INSURE THAT REASONABLE
ARRANGEMENTS CAN BE MADE TO PROVIDE ACCESSIBILITY TO THE
MEETING.
LJ
5
® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — AUGUST 8, 2005
VETERANS MEMORIAL HALL - 6:00 P.M.
Mayor Peters called the meeting to order at 6:00 p.m.
PRESENT: Janice Peters
Mayor
Thad Baxley
Councilmember
Melody DeMeritt
Councilmember
William Peirce
Councilmember
Betty Winholtz
Councilmember
STAFF: Robert Hendrix
Andrea Lueker
Robert Schultz
Bridgett Bauer
Rick Algert
Bruce Ambo
Bill Boucher
Frank Cunningham
John DeRohan
Steve Knuckles
ESTABLISH QUORUM AND CALL TO ORDER
MOMENT OF SILENCE
PLEDGE OF ALLEGIANCE
MAYOR'S REPORTS & ANNOUNCEMENTS
CLOSED SESSION REPORT - None.
PUBLIC COMMENT
City Manager
Assistant City Manager
City Attorney
City Clerk
Harbor Director
Public Services Director
Capital Projects Manager
City Engineer
Police Chief
Acting Fire Chief
The following people addressed Item D-2 (Report on Alternative Role for Community
Promotions Committee), and requested the City Council maintain the Community
Promotions Committee: Ed Biaggini, Dannie Tope, David Weisman, Meredith Bates,
Joan Solu, Norm MacTaggart and Ken Vesterfelt.
The following people addressed Item D-3 (Report on Changing the Size of Selected
Advisory Boards), and requested the City Council maintain the current seven -member.
advisory boards: Ed Biaggini, Ray McKelligott, Roger Ewing and Frank DeVine.
John Biondi and Rob Boone complained about a TKD employee advertising on the
Embarcadero and telling people to go downtown for shopping.
E
® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — AUGUST 8, 2005
Dorothy Cutter requested the City Council pull Item A-1 (Report Requesting Authority to
Commence Litigation Re: Lease Site 35W-36W) for further discussion on this lease.
John Barta addressed Item A-3 (Ordinances Adopting Amendments to the Zoning
Ordinance) stating the Planning Commission should be reviewing amendments to the
Sign Ordinance prior to Council's approval, which is a substantial procedural problem.
He also thanked the Morro Bay Police Department for their good will and support during
the Merchants' Street Faire. Mr. Barta expressed dismay for the lack of appreciation for
the time he put into the first major visitor website for the City.
Wanda Durrick stated the City received a grant to improve signage within the City, and
asked when those signs would be posted.
Betty Forsythe announced the Friends of the Library would be sponsoring an event "Help
with Planting at the Morro Bay Library" on August 22"a
John Sorgenfrei, Tom Jones & Associates, reviewed Visitor Serving website statistics for
Council and public information.
® Ray McKelligott stated the Community Promotions Committee should be working on
events that will attract people to come to the City.
Roger Ewing addressed Item A-2 (Acceptance of Offer of Dedication of Non -Potable
Irrigation Well and Approval of Operating Agreement), and requested Council not
approve this agreement for a private party to use the City water well.
Frank Devine raised caution about the City considering a long-term debt program
(Redevelopment Agency).
Meredith Bates addressed the community liaison employee with the police department
stating this position helps educate people on elder abuse and needs to be maintained
Lynda Merrill shared photos of people riding on the trolley and enjoying the City.
Mayor Peters closed the hearing for public comment.
DECLARATION OF FUTURE AGENDA ITEMS
Councilmember DeMeritt requested the consideration on use of an agenda planning
device, noting she would write the staff report; (Councilmember Winholtz and Mayor
® Peters concurred).
jl MINUTES - MORRO BAY CITY COUNCIL
® REGULAR MEETING — AUGUST 8, 2005
Councilmember DeMeritt requested the discussion on development impact fees, noting
information has already been provided and a cover memo is all that is needed from staff,
(Councilmember Winholtz and Mayor Peters concurred).
A. CONSENT CALENDAR
Unless an item is pulled for separate action by the City Council, the following actions are
approved without discussion.
A-1 REPORT REQUESTING AUTHORITY TO COMMENCE LITIGATION RE:
LEASE SITE 35W-36W (CITY ATTORNEY)
RECOMMENDATION: Authorize litigation to ensure removal of the Tenants'
improvements (docks) on Lease Site 35W-36W.
A-2 ACCEPTANCE OF OFFER OF DEDICATION OF NON -POTABLE
IRRIGATION WELL AND APPROVAL OF OPERATING AGREEMENT
(PUBLIC SERVICES)
is RECOMMENDATION: Accept offer of dedication of non -potable irrigation well
and approve operating agreement.
A-3 A) ORDINANCE NO. 511 ADOPTING AMENDMENTS TO TITLE 17 OF THE
MORRO BAY MUNICIPAL CODE UPDATING THE ZONING ORDINANCE,
LOCAL COASTAL PROGRAM, ENVIRONMENTAL DOCUMENTS AND
COASTAL IMPLEMENTATION PLAN (SECOND READING/ADOPTION); B)
ORDINANCE NO. 512 ADOPTING AMENDMENTS TO TITLE 17 OF THE
MORRO BAY MUNICIPAL CODE UPDATING THE SIGN ORDINANCE,
ENVIRONMENTAL DOCUMENTS AND COASTAL IMPLEMENTATION PLAN
(SECOND READING/ADOPTION) AND, C) ORDINANCE NO. 513 ADOPTING
ZONING MAP AMENDMENTS THAT CORRESPOND TO AMENDMENTS TO
TITLE 17 OF THE MORRO BAY MUNICIPAL CODE UPDATING THE ZONING
ORDINANCE, LOCAL COASTAL PROGRAM, ENVIRONMENTAL
DOCUMENTS AND COASTAL IMPLEMENTATION PLAN; (SECOND
READING/ADOPTION) (PUBLIC SERVICES)
RECOMMENDATION: Approve the second reading and adopt Ordinance Nos.
511, 512, and 513.
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — AUGUST 8, 2005
A4 PROCLAMATION DECLARING AUGUST 20, 2005 "SAN LUIS OBISPO
COUNTY AIRPORT DAY" (ADMINISTRATION)
RECOMMENDATION: Adopt Proclamation.
A-5 GRANT OF ACCESS EASEMENT TO 460 CHORRO CREEK ROAD
(PUBLIC SERVICES)
RECOMMENDATION: Adopt Resolution 31-05 granting an additional 4-foot
easement for ingress and egress from Chorro Creek Road across City owned
property to property located at 460 Chorro Creek Road.
Mayor Peters pulled Items A-1 and A-4 from the Consent Calendar; Councilmember
DeMeritt pulled Item A-2; and, Councilmember Winholtz pulled Item A-3.
MOTION: Councilmember Peirce moved the City Council approve Item A-5 of the
Consent Calendar. The motion was seconded by Councilmember Winholtz
and carried unanimously. (5-0)
® A-1 REPORT REQUESTING AUTHORITY TO COMMENCE LITIGATION RE:
LEASE SITE 35W-36W (CITY ATTORNEY)
MOTION: Mayor Peters moved the City Council continue this item to a future Closed
Session agenda. The motion was seconded by Councilmember Baxley
and carried unanimously. (5-0)
A-2 ACCEPTANCE OF OFFER OF DEDICATION OF NON -POTABLE
IRRIGATION WELL AND APPROVAL OF OPERATING AGREEMENT
(PUBLIC SERVICES)
Councilmember DeMeritt expressed opposition to this offer because the City does not
need this well, and should not go through the time and expense of maintaining it for
private use.
MOTION: Councilmember DeMeritt moved the City Council reject the offer and
agreement of dedication of a 'non -potable irrigation well located at
221/223 Atascadero Road, Morro Bay, California. The motion was
seconded by Councilmember Winboltz and carried unanimously. (5-0)
C��
MINUTES - MORRO BAY CITY COUNCIL
toREGULAR MEETING — AUGUST 8, 2005
A-3 A) ORDINANCE NO. 511 ADOPTING AMENDMENTS TO TITLE 17 OF THE
MORRO BAY MUNICIPAL CODE UPDATING THE ZONING ORDINANCE,
LOCAL COASTAL PROGRAM, ENVIRONMENTAL DOCUMENTS AND
COASTAL IMPLEMENTATION PLAN (SECOND READING/ADOPTION); B)
ORDINANCE NO. 512 ADOPTING AMENDMENTS TO TITLE 17 OF THE
MORRO BAY MUNICIPAL CODE UPDATING THE SIGN ORDINANCE,
ENVIRONMENTAL DOCUMENTS AND COASTAL IMPLEMENTATION PLAN
(SECOND READING/ADOPTION) AND, C) ORDINANCE NO. 513 ADOPTING
ZONING MAP AMENDMENTS THAT CORRESPOND TO AMENDMENTS TO
TITLE 17 OF THE MORRO BAY MUNICIPAL CODE UPDATING THE ZONING
ORDINANCE, LOCAL COASTAL PROGRAM, ENVIRONMENTAL
DOCUMENTS AND COASTAL IMPLEMENTATION PLAN; (SECOND
READING/ADOPTION) (PUBLIC SERVICES)
Councilmember Winholtz expressed opposition to the adoption of these ordinances
because she finds them to be incomplete.
MOTION: Councilmember Baxley moved the City Council approve Item A-3 of the
® Consent Calendar. The motion was seconded by Mayor Peters and carried
with Councilmember Winholtz voting no. (4-1)
A-4 PROCLAMATION DECLARING AUGUST 20, 2005 "SAN LUIS OBISPO
COUNTY AIRPORT DAY" (ADMINISTRATION)
Mayor Peters pulled this item for public awareness.
MOTION: Councilmember Winholtz moved the City Council approve Item A4 of
the Consent Calendar. The motion was seconded by Councilmember
Peirce and carried unanimously. (5-0)
Mayor Peters called for a break at 7:10 p.m.; the meeting resumed at 7:20 p.m.
B. PUBLIC HEARINGS, REPORTS & APPEARANCES
B-1 PUBLIC HEARING ON THE APPEAL OF THE PLANNING COMMISSION
DENIAL OF A COMMUNITY HOUSING PROJECT PROPOSED AT 516
SHASTA AVENUE (PUBLIC SERVICES)
Senior Planner Mike Prater stated the applicant/appellant is requesting approval of a
Tentative Tract Map, Conditional Use Permit, Coastal Development Permit and setback
® Variances to subdivide two existing parcels creating four parcels and thereby a four -unit
5
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — AUGUST 8, 2005
community housing project. Currently, three existing residential units exist; two detached
houses are located on one parcel and one house and detached garage on the other
adjoining parcel. The applicant proposes to demolish the detached garage and construct a
new fourth residential unit and create a total of four lots through the community housing
project regulations. The Planning Commission considered the application at their June 6,
2005 meeting, where they denied the project based on the lack of common useable open
space and project not meeting the test to grant the variances. The applicant has appealed
this decision to the City Council for final consideration. Mr. Prater recommended the
City Council consider the issue raised in appeal and either uphold the Planning
Commission's determination and deny the appeal or approve the appeal, reversing the
Planning Commission's findings for denial and take final action.
George Contento, applicant/appellant, stated the City has approved various other projects
over a period of years that provided similar open space layouts. He said the proposed
variance does not constitute a granting of special privilege because the project is
attempting to incorporate a new residence into an existing complex of three residences.
Mr. Contento stated this is a unique project that will not necessarily set a precedent,
except to allow flexibility for other projects that attempt to maintain the eclectic.character
is garages
Morro Bay's neighborhoods. He said the current plan best accommodates the new
garages and backup space, and presents the best possible scenario. Mr. Contento stated
this project would be entirely legal as condominiums.
Mayor Peters opened the hearing for public comment.
Frank DeVine and Michael Durrick expressed support for this project.
Mayor Peters closed the public comment hearing.
Councilmember Winholtz stated she would like to require the front two units to have a
restricted height limit which would allow some height benefits for the back units. She
said she supports the variance vs. the zero lot line because it allows the back lot to not
grab from the other two lots. Councilmember Winholtz stated she otherwise supports the
project.
Councilmember Baxley stated he supports the findings with the exception of finding #2,
stating there is a way for the applicant to impose affordable housing to get away from the
variances, which he would like to see approved.
Councilmember DeMeritt stated she is most concerned with the preservation of the
character of the town, and would like to deed restrict the front houses so that they can be
® maintained as single -story housing. She said she likes the creativeness of the project, the
0
® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — AUGUST S, 2005
big open space in the middle, the preservation of the front two units, and the attempt the
applicant has made to make the two front units look similar, the front setbacks with
yards, and lessening the size of the driveway in order to add landscaping that will benefit
the neighborhood.
Councilmember Peirce stated he likes the concept of this project, and that the project
lends to affordable housing. He said he concurs that a deed restriction should be placed
on the two front houses to maintain them as single -story residences.
Mayor Peters stated by reducing the size of the unit on the smallest lot would be an easier
fix rather than requesting a variance. She said the applicant should address issues such as
a deed restriction on the front units or affordable housing before this project can be
approved.
MOTION: Mayor Peters moved the City Council continue this public hearing to the
September 12, 2005 Council meeting. The Appellant is invited to return
with a revised project addressing the items discussed by the City Council.
The motion was seconded by Councilmember Baxley and carried
® unanimously. (5-0)
Mayor Peters called for a break at 8:30 p.m.; the meeting resumed at 8:38 p.m.
B-2 PUBLIC HEARING ON CONSIDERATION OF MIXED USE PROJECT AT
555 MAIN STREET (PUBLIC SERVICES)
Senior Planner Mike Prater stated the applicant is requesting approval of a Tentative
Tract Map, Conditional Use Permit and Coastal Development Permit to subdivide the
westerly lots into five parcels for a Community Housing Project with exceptions to
common open space. The proposed project will also develop the easterly lots with
commercial buildings that have at least 25 percent commercial mix in conjunction with a
total of 14 one -bedroom apartment units. The applicant wishes to provide affordable
housing under SB 1818 to qualify for a density bonus and concessions. On July 11,
2005, the City Council denied a similar project without prejudice that provided only 10.4
percent commercial use within the mixed -use portion of the project. The City Council
provided feedback to the applicant that suggested a project could be found consistent
with General Plan/Local Coastal Plan with a mix of commercial to residential of at least
25 percent commercial that modified the middle of the complex by reducing the number
of residential units and/or increasing commercial on the ground floor. The project
requires the City Council to decide if the configuration and amount is adequate to be
consistent with the ordinance and compatible with the neighborhood. The City Council
® suggested at least 25 percent commercial would be adequate but needed to see how more
7
® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — AUGUST 8, 2005
commercial and/or less apartments would affect the project. The Council also suggested
the single-family side of the project was satisfactory with the changes proposed by the
applicant and found the benefits offered by the project adequately outweighs the
exceptions requested. Mr. Prater recommended the City Council conditionally approve
the project.
George Garcia, representing the applicant/appellant, stated the applicant has proposed
adding seven conditions of approval relating to the commercial units for the project that
would demonstrate a reasonable attempt to market the commercial units for lease; the
primary uses will be given to visitor -serving. He said the applicant also proposes a 24
month period, starting at building permit submittal, to find prospective tenants for the
commercial units before submitting documentation to Public Services illustrating his
efforts to fill the units thereby allowing the developer the option to convert the
commercial units to residential use if all reasonable attempts have been made resulting in
failure to find tenants.
Mayor Peters opened the hearing for public comment.
® Margarite Bader, Co -Chairman of the Work Force Housing Coalition, requested the City
Council approve the project as proposed without the additional commercial units in order
to provide affordable housing.
Trudy Jarret, President of the League of Women Voters, stated the League supports and
encourages the City Council to approve this project as presented with affordable housing.
Norm MacTaggart stated he opposes this project because the parking does not meet the
standards. He said he would like to see guarantees that this project will be built to meet
all City standards and codes.
Ron Reisner stated this project does meet all City zoning requirements, and Council
should approve this project.
Priscilla Ko stated standards of conditions should be clear and concise for proper
enforcement. She said the City should make it clear that the two affordable units should
be handicap accessible.
Brian Holden requested Council consider this project for the sake of the working class
housing.
Natalie Tartaglia stated all previous owners of this property like this project.
E
MINUTES - MORRO BAY CITY COUNCIL
® REGULAR MEETING — AUGUST 8, 2005
Ken Vesterfelt expressed support for this project.
Michael Coss, applicant, stated this project originally was planned for work force and
affordable housing which is a benefit to the City.
Roy Kline stated this is zoned MCR (Mixed Commercial/Residential) and should
maintain the commercial uses.
Mayor Peters closed the public comment hearing.
Councilmember DeMeritt stated the south elevation of this project does not lend to the
vision of a commercial use. She said the conditions of approval should state the
construction of the structure should commence 24-months from issuance of the permits.
Councilmember DeMeritt expressed concern with mixed -use building number 3 which
looks more like a residential building rather than commercial.
Councilmember Peirce stated if a building is going to be rented as a commercial use, then
it should look like a commercial building. He said he does not see the eventuality of
® converting all the commercial uses to residential.
Councilmember Winholtz stated the 25% commercial use is a concession to this project;
she said it should be at least 50% commercial use. She expressed concern with the
reduced -sized parking spaces. Councilmember Winholtz stated she approves of the one -
bedroom and affordable housing units.
Councilmember Baxley stated the 25% commercial ratio is reasonable. He said with the
changes made, this project should be approved.
Mayor Peters stated this is an attractive mixed -use project. She said the proposed start
date is standard operating procedures for commercial space. Mayor Peters stated the
applicant has addressed Council's concerns, and it is time to approve this project.
MOTION: Councilmember Winholtz moved the City Council conditionally approve
the mixed -use project at 555 Main Street as presented. The motion was
seconded by Councilmember Peirce and carried unanimously. (5-0)
j
ij
® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING —AUGUST 8, 2005
B-3 PUBLIC HEARING ON CONTINUING CONSIDERATION OF THE
APPROVAL OF SEVEN -LOT SUBDIVISION WITH THE EXISTING
CHURCH RETAINED ON THE REMAINDER PARCEL (PUBLIC
SERVICES)
Councilmember Winholtz stepped down from this item due to her participation in the
Estero Bay United Methodist Church.
Senior Planner Mike Prater stated the City Council continued the public hearing
regarding the seven -lot subdivision with the existing church retained on the remainder
parcel to the August 8, 2005 meeting. The Council moved to have Sequoia Street
blocked off with a Knox box for emergency access and allow the use of a hammerhead
instead of a cul-de-sac. The Council accepted the other conditions added by the Planning
Commission. The applicants have revised their proposal to include a pedestrian corridor
as the public scenic open space necessary to meet the subdivision ordinance for creating
smaller clustered lots in the RA zone district. Mr. Prater recommended the City Council
consider the offer of a pedestrian corridor and conditionally approve the project.
® Pamela Jardine, representing the applicant, reviewed the details of the project as it relates
to Council's comments at the July 11, 2005 meeting. She said the applicants have
revised their proposal to include a pedestrian corridor as the public scenic open space
necessary to meet the subdivision ordinance for creating smaller clustered lots in the RA
zone district.
Mayor Peters opened the hearing for public comment.
Hilary Saner stated there are mandates of the Church to maintain an attractive open space
on this property. She said the Church government would not allow any further
subdivision of this property. Ms. Saner stated the Church is also committed to maintain
the community garden.
Mayor Peters closed the public comment hearing.
Councilmember Peirce stated the applicant has addressed the concerns of the Council,
and this project is worth moving forward.
Councilmember DeMeritt stated the community garden beautifies this area, which sits on
a large piece of land.
Councilmember Baxley stated he would like a sidewalk on either side of the hammerhead
® to allow for pedestrians; otherwise, he supports the project.
10
® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — AUGUST 8, 2005
Mayor Peters stated she supports this project as presented. She said she likes that the
community garden will be there in perpetuity.
MOTION: Councilmember Peirce moved the City Council conditionally approve the
seven -lot subdivision with the existing church retained on the remainder
parcel and providing a public easement as presented. The motion was
seconded by Councilmember DeMeritt and carried with Councilmember
Winholtz abstaining. (4-0-1)
Mayor Peters called for a break at 10:12 p.m.; the meeting resumed at 10:17 p.m.
C. UNFINISHED BUSINESS
C-I REPORT AND DISCUSSION ON FORMULATING AN E-MAIL POLICY
(CITY ATTORNEY)
MOTION: Councilmember Winholtz moved the City Council direct staff to prepare a
® draft comprehensive e-mail policy for Council review. The motion was
seconded by Councilmember Peirce and carried unanimously. (5-0)
C
C-2 REPORT AND RECOMMENDATIONS ON USING PROFESSIONAL
SURVEY TECHNIQUES TO GUIDE DECISIONS ON NEW REVENUE
PROGRAM (ADMINISTRATION)
City Manager Robert Hendrix stated during the July 25, 2005 meeting, the City Council
discussed the matter of surveying as an initial step toward a decision on one or more
revenue proposals. The cost estimate has been reduced to reflect only tasks associated
with reaching a tentative conclusion on the viability of a revenue measure, beyond that
point additional costs would be necessary. Mr. Hendrix recommended the City Council
authorize staff to proceed with phase -one of the project and to bring back an appropriate
budget adjustment with the mid -year budget report.
Mayor Peters stated it is important to perform the survey in order to know what our
community wants, so she supports going forward with the survey.
Councilmember Peirce stated he supports the survey so the City knows what the
community wants.
11
® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — AUGUST 8, 2005
Councilmember DeMeritt stated money does not need to be spent to find out what our
City needs. She said there are Cal Poly students in marketing or statistics that have
performed phone surveys for free.
Councilmember Winholtz stated if the City were more flush she would be in full support;
at this point she is tom between going with a professional survey or another less
expensive approach.
Councilmember Baxley stated a survey is needed to find out what the citizens want
before it is placed on a ballot.
MOTION: Councilmember Baxley moved the City Council authorize the City
Manager to proceed with phase one of the project, and bring back an
appropriate budget adjustment with the mid -year budget report. The
motion was seconded by Councilmember Peirce and carried with
Councilmember DeMeritt voting no. (4-1)
C-3 CONTINUING UPDATE ON PLANNING DIVISION WORK PROGRAM
® (PUBLIC SERVICES)
This item was continued to the August 22, 2005 City Council meeting.
D. NEW BUSINESS
D-I REPORT ON ISSUES RELATED TO CREATING AN AD HOC ADVISORY
COMMITTEE ON ENVIRONMENTAL ISSUES (ADMINSITRATION)
This item was continued to the August 22, 2005 City Council meeting.
D-2 REPORT ON ALTERNATIVE ROLE FOR COMMUNITY PROMOTIONS
COMMITTEE (ADMINISTRATION)
This item was continued to the August 22, 2005 City Council meeting.
D-3 REPORT ON CHANGING THE SIZE OF SELECTED ADVISORY BOARDS;
(ADMINISTRATION)
This item was continued to the August 22, 2005 City Council meeting.
12
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING —AUGUST 8, 2005
D-4 REPORT ON FEASIBILITY OF ADDING AN EVENT COORDINATOR
POSITION IN THE HARBOR DEPARTMENT (HARBOR)
MOTION: Councilmember Peirce moved the City Council authorize the half-time
Crime Prevention Officer position in the Police Department, and direct
staff to return to Council with a budget adjustment providing for this
position. The motion was seconded by Councilmember Baxley and
carried unanimously. (5-0)
D-5 REPORT ON COMPENSATION POLICY FOR CITY "AT WILL"
EMPLOYEES (ADMINISTRATION)
This item was continued to the August 22, 2005 City Council meeting.
D-6 REPORT ON OPERATIONS OF THE VISITOR'S CENTER
(ADMINISTRATION)
This item was continued to the August 22, 2005 City Council meeting.
�►1U171lkh
The meeting adjourned at 10:52 p.m.
Recorded by:
Bridgett Bauer
City Clerk
E
13
® City of Morro Bay
City Council Agenda
Mission Statement
The City of Morro Bay is dedicated to the preservation and enhancement of the quality
of life. The City shall be committed to this purpose and will provide a level of
municipal service and safety consistent with and responsive to the needs of the public.
REGULAR MEETING — JULY 25, 2005
CLOSED SESSION — JULY 25, 2005
CITY HALL CONFERENCE ROOM - 5:00 P.M.
595 HARBOR ST., MORRO BAY, CA
® CS-1 GOVERNMENT CODE SECTION 54956.9; CONFERENCE WITH
LEGAL COUNSEL DUE TO ANTICIPATED LITIGATION. Initiation of
litigation exists based upon existing facts and the advice of legal counsel as to one
matter.
• Parties: City of Morro Bay and Martony/Pekarek
Issue: Breach of Lease Agreement for Lease Site 35W-36W.
CS-2 GOVERNMENT CODE SECTION 54957.6; CONFERENCE WITH
LABOR NEGOTIATOR. Conference with the City Manager, the City's
Designated Representative, for the purpose of reviewing the City's position
regarding salaries, salary schedules, or compensation paid in the form of fringe
benefits, and giving instruction to the Designated Representative.
IT IS NOTED THAT THE CONTENTS OF CLOSED SESSION MEETINGS
® ARE CONFIDENTIAL AND EXEMPT FROM DISCLOSURE.
® PUBLIC SESSION — JULY 25, 2005
VETERANS MEMORIAL HALL - 6:00 P.M.
209 SURF ST., MORRO BAY, CA
ESTABLISH QUORUM AND CALL TO ORDER
MOMENT OF SILENCE
PLEDGE OF ALLEGIANCE
MAYOR AND COUNCILMEMBERS ANNOUNCEMENTS & PRESENTATIONS
CLOSED SESSION REPORT
PUBLIC COMMENT PERIOD - Members of the audience wishing to address the
Council on City business matters (other than Public Hearing items under Section B) may
do so at this time.
To increase the effectiveness of the Public Comment Period, the following rules shall be
followed:
• When recognized by the Mayor, please come forward to the podium and state
your name and address for the record. Comments are to be limited to three
minutes.
• All remarks shall be addressed to Council, as a whole, and not to any
individual member thereof.
® • The Council respectfully requests that you refrain from making slanderous,
profane or personal remarks against any elected official, commission and/or
staff.
• Please refrain from public displays or outbursts such as unsolicited applause,
comments or cheering.
• Any disruptive activities that substantially interfere with the ability of the City
Council to carry out its meeting will not be permitted and offenders will be
requested to leave the meeting.
• Your participation in City Council meetings is welcome and your courtesy
will be appreciated.
In compliance with the Americans with Disabilities Act, if you need special assistance to
participate in this meeting, please contact the City Clerk, (805) 772-6205. Notification 72
hours prior to the meeting will enable the City to make reasonable arrangements to ensure
accessibility to this meeting.
COUNCIL DECLARATION OF FUTURE AGENDA ITEMS
A. CONSENT CALENDAR
Unless an item is pulled for separate action by the City Council, the following actions are
approved without discussion.
0
® A-1 MINUTES FOR THE JULY 11, 2005 REGULAR MEETING;
(ADMINISTRATION)
RECOMMENDATION: Approve as submitted.
A-2 RATIFICATION OF PUBLIC SERVICES DIRECTOR'S LETTER REGARDING
DRAFT ENVIRONMENTAL IMPACT STUDY FOR SAN LUIS DRAINAGE
FEATURE RE-EVALUATION; (PUBLIC SERVICES)
RECOMMENDATION: Ratify the letter sent to. the U.S. Department of the
Interior - Bureau of Reclamation regarding the Draft Environmental Impact
Study for the San Luis Drainage Feature Re -Evaluation.
B. PUBLIC HEARINGS, REPORTS & APPEARANCES
B-I DISCUSSION AND PRESENTATION ON COMMUNITY REDEVELOPMENT
AGENCY FORMATION; (PUBLIC SERVICES)
RECOMMENDATION: Receive presentation by Urban Futures, Inc. on
Community Redevelopment Agency Formation.
B-2 A) ORDINANCE NO. 511 ADOPTING AMENDMENTS TO TITLE 17 OF THE
® MORRO BAY MUNICIPAL CODE UPDATING THE ZONING ORDINANCE,
LOCAL COASTAL PROGRAM, ENVIRONMENTAL DOCUMENTS AND
COASTAL IMPLEMENTATION PLAN (FIRST READING/ INTRODUCTION);
B) ORDINANCE NO. 512 ADOPTING AMENDMENTS TO TITLE 17 OF THE
MORRO BAY MUNICIPAL CODE UPDATING THE SIGN ORDINANCE,
ENVIRONMENTAL DOCUMENTS AND COASTAL IMPLEMENTATION PLAN
(FIRST READINGIINTRODUCTION) AND, C) ORDINANCE NO. 513
ADOPTING ZONING MAP AMENDMENTS THAT CORRESPOND TO
AMENDMENTS TO TITLE 17 OF THE MORRO BAY MUNICIPAL CODE
UPDATING THE ZONING ORDINANCE, LOCAL COASTAL - PROGRAM,
ENVIRONMENTAL DOCUMENTS AND COASTAL IMPLEMENTATION
PLAN; (FIRST READING/INTRODUCTION) ; (PUBLIC SERVICES)
RECOMMENDATION: Approve first reading and introduction of Ordinance
Nos. 511, 512 and 513.
B-3 AUTHORIZATION TO SEEK BIDS FOR THE SALE OF CITY -OWNED REAL
PROPERTY LOCATED AT CORAL/SAN JACINTO, LOT 124, TRACT 1996,
MORRO BAY, CALIFORNIA; (CITY ATTORNEY)
RECOMMENDATION: Authorize staff to seek bids to sell the real property
. located at the SEC Coral/San Jacinto Street in Morro Bay.
3
® C. UNFINISHED BUSINESS
C-1 CONSIDERATION OF PROJECT REGARDING NEW REVENUE PROGRAMS;
(ADMINISTRATION)
RECOMMENDATION: Discuss and direct staff accordingly.
D. NEW BUSINESS
D-1 DISCUSSION ON FORMULATING AN E-MAIL POLICY; (CITY COUNCIL)
RECOMMENDATION: Discuss and direct staff to bring back for adoption a
comprehensive e-mail policy.
E. ADJOURNMENT
THIS AGENDA IS SUBJECT TO AMENDMENT UP TO 72 HOURS PRIOR TO
THE DATE AND TIME SET FOR THE MEETING. PLEASE REFER TO THE
AGENDA POSTED AT CITY HALL FOR ANY REVISIONS OR CALL THE
CLERK'S OFFICE AT 772-6200 FOR FURTHER INFORMATION.
® COPIES OF STAFF REPORTS OR OTHER PUBLIC DOCUMENTATION
RELATING TO EACH ITEM OF BUSINESS REFERRED TO ON THIS
AGENDA ARE ON FILE IN THE OFFICE OF THE CITY CLERK AND
AVAILABLE FOR PUBLIC INSPECTION AND REPRODUCTION AT COST AT
CITY HALL, LIBRARY, AND MILLS STATIONERY.
IN COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT, IF
YOU NEED SPECIAL ASSISTANCE TO PARTICIPATE IN A CITY MEETING,
PLEASE CONTACT THE CITY CLERK'S OFFICE AT LEAST 24 HOURS
PRIOR TO THE MEETING TO INSURE THAT REASONABLE
ARRANGEMENTS CAN BE MADE TO PROVIDE ACCESSIBILITY TO THE
MEETING.
rd
MINUTES - MORRO BAY CITY COUNCIL
® CLOSED SESSION — JULY 25, 2005
CITY HALL CONFERENCE ROOM - 5:00 P.M.
Mayor Peters called the meeting to order at 5:00 p.m.
PRESENT: Janice Peters
Mayor
Thad Baxley
Councilmember
Melody DeMeritt
Councilmember
William Peirce
Councilmember
Betty Winholtz
Councilmember
STAFF: Robert Hendrix
City Manager
Robert Schultz
City Attorney
Andrea Lueker
Assistant City Manager
Rick Algert
Harbor Director
CLOSED SESSION
MOTION: Councilmember Baxley moved the meeting be adjourned to Closed
Session. The motion was seconded by Councilmember Winholtz and
unanimously carried. (5-0)
Mayor Peters read the Closed Session Statement.
® CS-1 GOVERNMENT CODE SECTION 54956.9. CONFERENCE WITH LEGAL
COUNSEL DUE TO ANTICIPATED LITIGATION. Initiation of litigation
exists based upon existing facts and the advice of legal counsel as to one matter.
• Parties: City of Morro Bay and Martony/Pekarek
Issue: Breach of Lease Agreement for Lease Site 35 W-36W.
LABOR NEGOTIATOR. Conference with the City Manager, the City's
Designated Representative, for the purpose of reviewing the City's position
regarding salaries, salary schedules, or compensation paid in the form of fringe
benefits, and giving instruction to the Designated Representative.
The meeting adjourned to Closed Session at 5:02 p.m. and returned to regular session at
5:58 p.m.
MOTION: Councilmember Baxley moved the meeting be adjourned. The motion
was seconded by Councilmember Winholtz and unanimously carried.
(5-0)
The meeting adjourned at 5:58 p.m.
M
MINUTES - MORRO BAY CITY COUNCIL
® REGULAR MEETING — JULY 25, 2005
VETERANS MEMORIAL HALL - 6:00 P.M.
Mayor Peters called the meeting to order at 6:10 p.m.
PRESENT: Janice Peters
Mayor
Thad Baxley
Councilmember
Melody DeMeritt
Councilmember
William Peirce
Councilmember
Betty Winholtz
Councilmember
STAFF: Robert Hendrix
Robert Schultz
Jamie Boucher
Rick Algert
Bruce Ambo
John DeRohan
Mike Pond
Mike Prater
City Manager
City Attorney
Deputy City Clerk
Harbor Director
Public Services Director
Police Chief
Fire Chief
Senior Planner
ESTABLISH QUORUM AND CALL TO ORDER
® MOMENT OF SILENCE
PLEDGE OF ALLEGIANCE
MAYOR'S REPORTS & ANNOUNCEMENTS
CLOSED SESSION REPORT — City Attorney Robert Schultz reported the City Council
met in Closed Session, and took the following action on Item CS-1:
MOTION: Councilmember Baxley moved that this item be brought back to the
August 8, 2005 City Council meeting to request report on topic of
litigation. The motion was seconded by Councilmember Peirce and
carried with Councilmember Winholtz voting no. (4-1)
There was no reportable action under the Brown Act taken on Item CS-2.
PUBLIC COMMENT
Steve Mathieu encouraged the City to figure out how to accommodate groups wishing to
use City public facilities for yearly/quarterly/monthly meetings. He said these groups are
spending and will continue to spend money in Morro Bay and he hopes we can be more
accommodating.
Hank Roth spoke on behalf of a benefit that will take place on Tuesday, July 26, 2005 at
Taco Temple for a local resident, Rusty Clark, who has been diagnosed with cancer.
® Jack McCurdy spoke in favor of alternative technologies for Power Plant cooling
systems.
MINUTES - MORRO BAY CITY COUNCIL
® REGULAR MEETING — JULY 25, 2005
Louise Barkas thanked City staff for listening to her concerns regarding a weed
abatement problem in her neighborhood.
Betty Forsythe re -enforced the "Helping Hands Concept" in Morro Bay. She said
volunteers are needed to help with a book sale and planting projects at the library.
Nancy Castle spoke on behalf of the quarterly Historical Society meetings, the next of
which is a pot luck being held on August 7, 2005 at the Episcopal Church. She said the
next speaker would be long time local farmer, Pat Nagano.
Roy Kline expressed concern with the perceived compromises made to the developer on
the Alder Street project.
Frank Devine stated he objects to some of the changes being made to the Zoning
Ordinance and General Plan. He feels these changes remove too much public input from
commercial development and re -development projects.
Mandy Davis suggested that based on the recommendations of the 20/20 Vision draft, the
® City should consider forming an Ad Hoc Environmental Advisory Committee.
Ed Biaginni, Chairman of the Community Promotions Committee, updated Council on
the last Community Promotions meeting. He said the Committee approved a survey that
will be conducted throughout the summer at the Visitor's Center. Mr. Biaggini stated he
hopes the City will have a special meeting to discuss Council's attempt at changing the
face of their committee.
Lynda Merrill expressed support for Item A-2 (Ratification of Public Services Director's
Letter Regarding Draft Environmental Impact Study for San Luis Drainage Feature Re -
Evaluation). She also expressed concern with the Zoning Ordinance and the
Administrative Permits. Ms. Merrill stated she would like to see the monies from the sale
of the property at Coral/San Jacinto go towards opening a North Morro Bay Fire Station.
Ken Vesterfelt expressed how impressed he was at all the tourist activity over the
weekend.
Mayor Peters closed the hearing for public comment.
DECLARATION OF FUTURE AGENDA ITEMS
Councilmember DeMeritt requested a report on the operations of the Visitor's Center.
® Councilmember Winholtz requested that the Proposed Ordinance Regulating Trees on
Private Property be brought back for discussion.
MINUTES - MORRO BAY CITY COUNCIL
® REGULAR MEETING — JULY 25, 2005
Councilmember Peirce requested a staff report studying ideas on how to facilitate out of
area users use of City Facilities in order to encourage groups traveling to and staying in
our City.
Mayor Peters requested a report on issues related to creating an Ad Hoc Advisory
Committee on Environmental Issues.
Mayor Peters requested a report on changing the size of selected Advisory Boards.
Councilmember Peirce requested bringing back a review of the Embarcadero Circulation
Traffic Pattern.
A. CONSENT CALENDAR
Unless an item is pulled for separate action by the City Council, the following actions are
approved without discussion.
A-1 MINUTES FOR THE JULY 11, 2005 REGULAR MEETING;
® (ADMINISTRATION)
RECOMMENDATION: Approve as submitted.
A-2 RATIFICATION OF PUBLIC SERVICES DIRECTOR'S LETTER REGARDING
DRAFT ENVIRONMENTAL IMPACT STUDY FOR SAN LUIS DRAINAGE
FEATURE RE-EVALUATION; (PUBLIC SERVICES)
RECOMMENDATION: Ratify the letter sent to the U.S. Department of the
Interior - Bureau of Reclamation regarding the Draft Environmental Impact
Study for the San Luis Drainage Feature Re -Evaluation.
Councilmember Winholtz pulled Item A-2 from the Consent Calendar.
MOTION: Councilmember DeMeritt moved the City Council approve Item A-1 of
the Consent Calendar. The motion was seconded by Councilmember
Baxley and carried unanimously. (5-0)
D11
MINUTES - MORRO BAY CITY COUNCIL
® REGULAR MEETING — JULY 25, 2005
A-2 RATIFICATION OF PUBLIC SERVICES DIRECTOR'S LETTER REGARDING
DRAFT ENVIRONMENTAL IMPACT STUDY FOR SAN LUIS DRAINAGE
FEATURE RE-EVALUATION; (PUBLIC SERVICES)
Councilmember Winholtz suggested we approve the letter as written and send it off; and,
in addition, staff writes a letter on behalf of the City Council that states their objection to
its use as well.
Mayor Peters asked if it would be advantageous to partner such a letter with the County.
MOTION: Councilmember Winholtz moved that the City Council ratify the letter sent to
the US Department of the Interior -Bureau of Reclamation as well as have the
Mayor prepare and send an additional letter directly from the City Council
stating their objection with the Ocean Disposal Alternative for San Luis
Drainage Feature Re -Evaluation. The motion was seconded by
Councilmember DeMeritt and carried unanimously. (5-0)
B. . PUBLIC HEARINGS, REPORTS & APPEARANCES
® B-1 DISCUSSION AND PRESENTATION ON COMMUNITY REDEVELOPMENT
AGENCY FORMATION; (PUBLIC SERVICES)
John Huffman, Executive Vice President and Richard Tillberg, Vice President of Urban
Futures, Inc. gave a power point presentation on Redevelopment Agencies. Their
presentation focused on the following points: 1) information about their business; 2) Central
Coast cities utilizing their services; 3) Redevelopment permitting points; 4) Redevelopment
requirements; 5) issues that Redevelopment can address; 6) concerns about Redevelopment;
and, 7) how Redevelopment can be funded.
Mayor Peters opened the hearing for public comment.
Frank Devine admitted to little personal experience with Redevelopment Agencies however
he has concerns which are based on the way he perceives the agency in San Jose has been
administered. His concerns focus on the economics and the potential controversy
surrounding that.
Mayor Peters closed the public comment hearing
City Manager Robert Hendrix responded that this presentation was an introductory
discussion and noted that much more public discussion on the subject would be necessary in
® order to make any decisions. And because this is an Economic Development Policy, that
these discussions should be held at the City Council level.
5
MINUTES - MORRO BAY CITY COUNCIL
® REGULAR MEETING — JULY 25, 2005
Councilmember Winholtz suggested that this item be continued to the next meeting in order
to get feedback from the public who may be watching as well as for Council to contact
agencies in order to get their Redevelopment Agency history. She wanted to gain as much
information without having to add to staff workload.
Councilmember Peirce stated that staff would be needed to help with possible funding issues.
Councilmember DeMeritt is veryenthusiastic about this concept. She likes the fact that its
long term and that is a way to stop "the state takeaways" as well as to be able to keep the
money local.
MOTION: Councilmember DeMeritt directed staff to investigate the pros and cons
of the establishment of a Redevelopment Agency and report on how the
City can fund agency formation. The motion was seconded by
Councilmember Peirce and carried unanimously. (5-0)
B-2 A) ORDINANCE NO. 511 ADOPTING AMENDMENTS TO TITLE 17 OF THE
® MORRO BAY MUNICIPAL CODE UPDATING THE ZONING ORDINANCE,
LOCAL COASTAL PROGRAM, ENVIRONMENTAL DOCUMENTS AND
COASTAL IMPLEMENTATION PLAN (FIRST READING/ INTRODUCTION);
B) ORDINANCE NO. 512 ADOPTING AMENDMENTS TO TITLE 17 OF THE
MORRO BAY MUNICIPAL CODE UPDATING THE SIGN ORDINANCE,
ENVIRONMENTAL DOCUMENTS AND COASTAL IMPLEMENTATION PLAN
(FIRST READING/INTRODUCTION) AND, C) ORDINANCE NO. 513
ADOPTING ZONING MAP AMENDMENTS THAT. CORRESPOND TO
AMENDMENTS TO TITLE 17 OF THE MORRO BAY MUNICIPAL CODE
UPDATING THE ZONING ORDINANCE, LOCAL COASTAL PROGRAM,
ENVIRONMENTAL DOCUMENTS AND COASTAL. IMPLEMENTATION
PLAN; (FIRST READING/INTRODUCTION) ; (PUBLIC SERVICES)
Senior Planner Mike Prater stated the City Council has worked through the entire Planning
Commission Addendum and the July 2004 Public Review Draft of the proposed Zoning
Ordinance. Although the City has approached the end of a long, deliberative, and
participative process in amending the Zoning Ordinance at the local level, continued focus
towards this end will enable the process to continue through the Coastal Commission
review, which is expected to require up to a year. Following Coastal Commission review,
the process of responding to their comments and suggestions will begin anew with the
public review process at our local level. Mr. Prater recommended the City Council open the
public hearing for review of the draft Zoning Ordinance and Zoning Map; take public
® testimony; consider adopting Ordinance Nos. 511, 512, and 513 taking final action to
approve the Zoning Text Amendments, Zoning Map Amendments, and the Sign Ordinance
0
MINUTES - MORRO BAY CITY COUNCIL
® REGULAR MEETING — JULY 25, 2005
update; and, direct staff to forward the update along with the General Plan/Local Coastal
Plan to the California Coastal Commission for certification.
MOTION: Councilmember DeMeritt moved to elevate the live/work category to a
Conditional Use Permit process. The motion was seconded by
Councilmember Winholtz and carried unanimously. (5-0)
Mayor Peters opened the hearing for public comment.
Roy Kline stated he feels that this Council majority has now re -interpreted the General Plan
and Zoning Ordinances to mean something far different then what they were originally
intended for. He doesn't believe that Council should have the right to be able to take a C-1
zoned lot and allow MCR Residential projects to be built on them where the residential
portion is greater than 50% of the project.
Frank Devine stated he feels that the Commercial District downtown spaces will become
more residential in nature, which will push parking out to the streets. He feels the need for
more businesses downtown, not more residences. He requests that Council not submit the
® Zoning Ordinances as currently written to the Coastal Commission.
Mayor Peters closed the public comment hearing.
MOTION: Councilmember Baxley moved to approve the Negative Declaration, adopt
Ordinance No. 511, Ordinance 512 and Ordinance 513, approve the zoning
text amendments, the zoning map amendments and the sign ordinance update
and direct staff to forward the update along with the General Plan to the
California Coastal Commission for certification and that the Ordinances be
read by title and number only. The motion was seconded by Councilmember
Peirce. and carried unanimously. (5-0)
B-3 AUTHORIZATION TO SEEK BIDS FOR THE SALE OF CITY -OWNED REAL
PROPERTY LOCATED AT CORAUSAN JACINTO, LOT 124, TRACT 1996,
MORRO BAY, CALIFORNIA; (CITY ATTORNEY)
City Attorney Robert Schultz stated Government Code Section 37421 allows for the sale
of any City -owned building and/or property by adoption of a resolution of intention to
sell City property. Pursuant to Section 3 742 1, the City Council adopted Resolution No.
30-05 of intention to sell the real property at the SEC Coral/San Jacinto Street. The
purpose of this public hearing is to allow for any person to protest the proposed sale. The
protest may be written and delivered to the clerk of the legislative body or made orally at
® the meeting considering the final action (Government Code Section 37424.) If the City
receives any protests, the City Council may overrule the protests by a four -fifths vote of
its members, and may proceed with the sale. If the City Council authorizes staff to seek
7
MINUTES - MORRO BAY CITY COUNCIL
® REGULAR MEETING — JULY 25, 2005
bids, it will do so. If any bids are received, they will be brought to the City Council in
Closed Session to instruct the real property negotiator. If negotiations are successful, any
final sale will have to be approved in Open Session. Mr. Schultz recommended the City
Council authorize staff to seek bids for the sale of real property located at SEC Coral/San
Jacinto Street, Morro Bay, California.
Mayor Peters opened the hearing for public comment.
Graham Paske stated he encourages the sale of the property as the -money can go towards a
North Morro Bay Fire Department.
Mayor Peters closed the public comment hearing.
Councilmember DeMeritt expressed concern with being able to protect the trees on this
property. She is also concerned with North Morro Bay having a fire station, and would like
to see at least a staffed engine and a paramedic unit. Councilmember DeMeritt stated she
would like to ensure some of the funds from the potential sale be used for the refurbishing of
a north station and not just help repair the Harbor Street station.
® Councilmember Winholtz read a letter written by Jim Nance that recommended the City hold
a community public workshop addressing multiple questions he has before putting the lot up
for sale.
MOTION: Councilmember DeMeritt moved to authorize staff to seek bids to sell the
real property located at the SEC Coral/San Jacinto Street in Morro Bay.
The motion was seconded by Councilmember Peirce and carried
unanimously. (5-0)
C. UNFINISHED BUSINESS
C-1 CONSIDERATION OF PROJECT REGARDING NEW REVENUE PROGRAMS;
(ADMINISTRATION)
City Manager Robert Hendrix stated the City Council has expressed interest in moving
forward with a revenue program to fund the Fire Department. At the same time, the City
Council recently expressed interest in the general sales tax revenue measure being
discussed around the county. The Council also expressed interest in several other
revenue generating ideas including forming a redevelopment district. The main purpose
of this report is to gauge the City Council's desire to actually move forward in a
coordinated fashion on revenue for fire department operating costs (either special tax or
® benefit assessment) and on a general revenue program in the form of a sales tax measure.
All of the issues need to be analyzed and considered in a coordinated way because each
will have an affect on the others. Mr. Hendrix recommended the City Council discuss the
MINUTES - MORRO BAY CITY COUNCIL
® REGULAR MEETING — JULY 25, 2005
issues involved in implementing revenue alternatives, and direct the City Manager to
secure the expert support needed to analyze these concepts and advise on their feasibility.
He further recommended the City Council authorize this project; the preliminary estimate
of cost is $50,000.
Mayor Peters acknowledged the need to narrow our choices to what we think is appropriate
and would give us the best financial response. She said the City should choose to use the
professional approach, which could narrow the choices that they survey.
Councilmember Peirce stated the City should use professionals to determine which avenue is
the direction the City should take.
Mayor Peters stated the City should start this educational process right away if we are to be
successful in the November 2006 ballot. She said the City should perform a professional,
comprehensive survey in order to determine what needs the public -feel strongly about and
would be willing to support.
Councilmember DeMeritt stated she has concern on where the money for this project will
Is surveys
from. She said she thinks that Cal Poly interns can be used as a resource to perform the
surveys and/or marketing rather than hiring a professional company, and also feels it's
important that we follow the County on this.
❑'
Councilmember Peirce stated he agrees that we can be reasonably sure that we will need to
attempt to raise the sales tax, following the lead of the County. He also said he is concerned
with spending that much money when we don't know where it's going to come from,
especially when it's a gamble at best.
Councilmember Winholtz stated she is open to discussion on the topic but is sensitive to
spending this kind of money especially with our current budget situation.
Councilmember Baxley stated he feels the City Manger should come back with a proposal
with where the money would come from and additional information on what the consultant
would do and how much it would cost. He said he feels we need to do something and this
seems the best way to do it.
Mayor Peters stated this is putting out money, but the only way to get more income is to
increase something somewhere. She said it is important to join this County -wide effort, and
she feels getting a firm that's an expert in this area would take us further and be more
technically beneficial.
V,
MINUTES - MORRO BAY CITY COUNCIL
® REGULAR MEETING — JULY 25, 2005
MOTION: Councilmember Baxley moved the City Council direct staff to report and
provide recommendations on using professional survey techniques to plan
for new revenue programs. The motion was seconded by Councilmember
Peirce and carried unanimously. (5-0)
D. NEW BUSINESS
D-1 DISCUSSION ON FORMULATING AN E-MAIL POLICY; (CITY COUNCIL)
ACTION: This item was continued to the August 8, 2005 City Council meeting.
P ope1I:7.IuIDI►YY
The meeting adjourned at 10:40pm
Recorded by:
Jamie Boucher
Deputy City Clerk
C
10
® City of Morro Bay
City Council Agenda .
Mission Statement
The City of Morro Bay is dedicated to the preservation and enhancement of the quality
of life. The City shall be committed to this purpose and will provide a level of
municipal service and safety consistent with and responsive to the needs of the public.
REGULAR MEETING — JULY 11, 2005
VETERANS MEMORIAL HALL - 6:00 P.M.
209 SURF ST., MORRO BAY, CA
ESTABLISH QUORUM AND CALL TO ORDER
MOMENT OF SILENCE
PLEDGE OF ALLEGIANCE
MAYOR AND COUNCILMEMBERS ANNOUNCEMENTS & PRESENTATIONS
CLOSED SESSION REPORT
® PUBLIC COMMENT PERIOD - Members of the audience wishing to address the
Council on City business matters (other than Public Hearing items under Section B) may
do so at this time.
To increase the effectiveness of the Public Comment Period, the following rules shall be
followed:
• When recognized by the Mayor, please come forward to the podium and state
your name and address for the record. Comments are to be limited to three
minutes.
• All remarks shall be addressed to Council, as a whole, and not to any
individual member thereof.
• The Council respectfully requests that you refrain from making slanderous,
profane or personal remarks against any elected official, commission and/or
staff.
• Please refrain from public displays or outbursts such as unsolicited applause,
comments or cheering.
• Any disruptive activities that substantially interfere with the ability of the City
Council to carry out its meeting will not he permitted and offenders will be
requested to leave the meeting.
• Your participation in City Council meetings is welcome and your courtesy
® will be appreciated.
In compliance with the Americans with Disabilities Act, if you need special assistance to
® participate in this meeting, please contact the City Clerk, (805) 772-6205. Notification 72
hours prior to the meeting will enable the City to make reasonable arrangements to ensure
accessibility to this meeting.
COUNCIL DECLARATION OF FUTURE AGENDA ITEMS
A. CONSENT CALENDAR
Unless an item is pulled for separate action by the City Council, the following actions are
approved without discussion.
A-1 MINUTES FOR THE JUNE 27, 2005 REGULAR MEETING;
(ADMINISTRATION)
RECOMMENDATION: Approve as submitted.
A-2 AUTHORITY TO FILL VACANT POSITIONS ADOPTED WITH THE 2005-
2006 BUDGET; (ADMINISTRATION)
RECOMMENDATION: Authorize filling the vacant positions included in the
Fiscal Year 2005-2006 Budget.
A-3 RESPONSE TO GRAND JURY FINAL REPORT ON CAYUCOS SANITARY
® DISTRICT AND MORRO BAY WASTEWATER TREATMENT PLANT;
(PUBLIC SERVICES)
E
RECOMMENDATION: Receive report for information.
B. PUBLIC HEARINGS. REPORTS & APPEARANCES
B-I APPEAL OF PLANNING COMMISSION DENIAL OF A MIXED -USE AND
FIVE LOT RESIDENTIAL COMMUNITY HOUSING PROJECT LOCATED
AT 555 MAIN STREET; (PUBLIC SERVICES)
RECOMMENDATION: Uphold the Planning Commission determination and
deny the appeal; or, approve the appeal, reversing the Planning Commission
findings for denial, and consider the project for final action.
B-2 APPROVAL OF • SEVEN -LOT SUBDIVISION WITH THE EXISTING
CHURCH RETAINED ON THE REMAINDER PARCEL; (PUBLIC
SERVICES)
RECOMMENDATION: Accept the recommendation of the Planning
Commission, and adopt the Mitigated Negative Declaration, approve the
Tract Map and Coastal Development Permit.
F4
B-3 RESOLUTION NO. 30-05: INTENTION TO SELL CITY -OWNED REAL
® PROPERTY LOCATED AT CORAUSAN JACINTO, LOT 124, TRACT 1996,
MORRO BAY, CALIFORNIA; (CITY ATTORNEY)
RECOMMENDATION: Adopt Resolution No. 30-05.
C. UNFINISHED BUSINESS —NONE.
D. NEW BUSINESS
D-I CONSIDERATION OF PROJECT REGARDING NEW REVENUE
PROGRAMS; (ADMINISTRATION)
RECOMMENDATION: Discuss the issues involved in implementing revenue
alternatives, and direct the City Manager to secure the expert support
needed to analyze these concepts and advise on their feasibility; also,
authorize funding for this project in the amount of $50,000.
D-2 REPORT ON PLANNING DIVISION WORKLOAD AND ADOPTION OF
WORK PROGRAM; (PUBLIC SERVICES)
RECOMMENDATION: Establish a temporary freeze on all new additions to the
Planning Division work program until the division is fully staffed and new
staff is familiar with the plans, policies and regulations; and, consider an
isalternative work program when advanced planning activities resume that
moves the Subdivision Ordinance and Local CEQA Guidelines up on the
priority list.
E. ADJOURNMENT
THIS AGENDA IS SUBJECT TO AMENDMENT UP TO 72 HOURS PRIOR TO
THE DATE AND TIME SET FOR THE MEETING. PLEASE REFER TO THE
AGENDA POSTED AT CITY HALL FOR ANY REVISIONS OR CALL THE
CLERK'S OFFICE AT 772-6200 FOR FURTHER INFORMATION.
COPIES OF STAFF REPORTS OR OTHER PUBLIC DOCUMENTATION
RELATING TO EACH ITEM OF BUSINESS REFERRED TO ON THIS
AGENDA ARE ON FILE IN THE OFFICE OF THE CITY CLERK AND
AVAILABLE FOR PUBLIC INSPECTION AND REPRODUCTION AT COST AT
CITY HALL, LIBRARY, AND MILLS STATIONERY.
IN COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT, IF
YOU NEED SPECIAL ASSISTANCE TO PARTICIPATE IN A CITY MEETING,
PLEASE CONTACT THE CITY CLERK'S OFFICE AT LEAST 24 HOURS
® PRIOR TO THE MEETING TO INSURE THAT REASONABLE
ARRANGEMENTS CAN BE MADE TO PROVIDE ACCESSIBILITY TO THE
MEETING.
3
MINUTES - MORRO BAY CITY COUNCIL
® REGULAR MEETING — JULY 11, 2005
VETERANS MEMORIAL HALL - 6:00 P.M.
El
r�1
L IJ
Mayor Peters called the meeting to order at 6:00 p.m.
PRESENT: Janice Peters Mayor
Thad Baxley
Melody DeMeritt
William Peirce
Betty Winholtz
STAFF: Robert Hendrix
Andrea Lueker
Robert Schultz
Bridgett Bauer
Rick Algert
Bruce Ambo
Frank Cunningham
John DeRohan
Bruce Keogh
Jim Koser
Mike Pond
Mike Prater
ESTABLISH QUORUM AND CALL TO ORDER
MOMENT OF SILENCE
PLEDGE OF ALLEGIANCE
MAYOR'S REPORTS & ANNOUNCEMENTS
CLOSED SESSION REPORT —NONE.
Iawn 0celKi7kILVAwoII
Councilmember
Councilmember
Councilmember
Councilmember
City Manager
Assistant City Manager
City Attorney
City Clerk
Harbor Director
Public Services Director
City Engineer
Police Chief
Wastewater Treatment Plant Manager
Finance Director
Fire Chief
Senior Planner
Karen Sweeney, Recreation & Parks Department, announced the results of the Rock to
Pier Run.
Betty Forsythe announced Christmas in July would be held at the library on July 16th to
help support the Morro Bay Library.
Louise Barkus expressed her support of the Morro Bay Fire Department, and requested
the City take a stronger stand on weed abatement.
Ann Reeves addressed health insurance for all Californians (SB 840).
® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — JULY 11, 2005
Lynda Merrill addressed Item D-1 (Consideration of Project Regarding New Revenue
Programs) and requested information on funding. She also referred to Item D-2 (Report
on Planning Division Workload and Adoption of Work Program) and requested Council
use caution when reviewing this change in policy.
David Nelson expressed concern with the approval of condominiums in a commercial
district. He said he is also concerned that funding was not budgeted for the City's
infrastructure. Mr. Nelson also expressed concern with the City's agreement with Duke
Energy.
Keith Taylor thanked Council for their support of the Fire Department.
Roger Ewing addressed Item•D-1 stating until there is a balanced budget, Council should
delay approving the hiring of a consultant.
John Barta, Morro Bay Merchant's Association, addressed how the City benefits from the
Merchants Street Faires.
® Ken Vesterfelt addressed the vehicle abatement program stating the problem is growing,
and he requested the City Council consider funding for the removal of abandoned
vehicles. He also reviewed the police department statistics over the weekend.
Mayor Peters closed the hearing for public comment.
DECLARATION OF FUTURE AGENDA ITEMS
Councilmember Winholtz requested the discussion of the Planning Commission's
determination on open space; Mayor Peters and Councilmember DeMeritt concurred.
Councilmember Winholtz requested the consideration of a policy reviewing department
head contracts; Mayor Peters and Councilmember DeMeritt concurred.
Councilmember DeMeritt requested a public hearing on creek bed clearing; Mayor Peters
and Councilmember Winholtz concurred.
E
MINUTES - MORRO BAY CITY COUNCIL
® REGULAR MEETING — JULY 11, 2005
A. CONSENT CALENDAR
Unless an item is pulled for separate action by the City Council, the following actions are
approved without discussion.
A-1 MINUTES FOR THE JUNE 27, 2005 REGULAR MEETING;
(ADMINISTRATION)
RECOMMENDATION: Approve as submitted.
A-2 AUTHORITY TO FILL VACANT POSITIONS ADOPTED WITH THE 2005-
2006 BUDGET; (ADMINISTRATION)
RECOMMENDATION: Authorize filling the vacant positions included in the
Fiscal Year 2005-2006 Budget.
A-3 RESPONSE TO GRAND JURY FINAL REPORT ON CAYUCOS SANITARY
DISTRICT AND MORRO BAY WASTEWATER TREATMENT PLANT;
® (PUBLIC SERVICES)
t
RECOMMENDATION: Receive report for information.
Councilmember Winholtz pulled Item A-3 of the Consent Calendar.
MOTION: Councilmember Peirce moved the City Council approve Items A-1 and A-
2 of the Consent Calendar. The motion was seconded by Councilmember
Baxley and carried unanimously. (5-0)
A-3 RESPONSE TO GRAND JURY FINAL REPORT ON CAYUCOS SANITARY
DISTRICT AND MORRO BAY WASTEWATER TREATMENT PLANT;
(PUBLIC SERVICES)
Councilmember Winholtz asked if the City would receive the San Luis Obispo County
responses to the findings and recommendations in the Grand Jury Final Report. She stated
part of the findings was the fact that the City does distribute a million gallons of water into
the ocean that could be reclaimed.
Councilmember DeMeritt requested an update on the Wastewater Treatment Plant upgrade;
Wastewater Treatment Plant Manager Bruce Keogh responded with information on the
upgrade to the treatment plant.
3
® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — JULY 11, 2005
MOTION: Councilmember Winholtz moved the City Council approve Item A-3 of
the Consent Calendar. The motion was seconded by Councilmember
DeMeritt and carried unanimously. (5-0)
Mayor Peters called for a break at 6:50 p.m.; the meeting resumed at 7:00 p.m.
B. PUBLIC HEARINGS, REPORTS & APPEARANCES
B-I APPEAL OF PLANNING COMMISSION DENIAL OF A MIXED -USE AND
FIVE LOT RESIDENTIAL COMMUNITY HOUSING PROJECT LOCATED
AT 555 MAIN STREET; (PUBLIC SERVICES)
Senior Planner Mike Prater stated the applicant is requesting approval of a Tentative
Tract Map, Conditional Use Permit and Coastal Development Permit to subdivide the
westerly lots into five parcels for a Community Housing Project with exceptions to
common open space. The proposed project will also develop the easterly lots with two
commercial buildings totaling approximately 1,800 square feet along Main Street in
conjunction with a total of 16 one -bedroom apartment units. The applicant wishes to
® provide affordable housing under SB 1818 to qualify for a density bonus and
concessions. The applicant is proposing two affordable units at the Very -Low. Income
Level, which qualifies the project for a density bonus for which they are entitled to a
32.5% density bonus, revised standards for the type and number of parking spaces, and
two additional concessions or incentives from the City. The applicant submitted a letter
describing the two concessions requested as: 1) a waiver of the common open space
requirement; and 2) a waiver of the parking design standards. The project requires the
City Council to decide if the uses proposed are consistent with the ordinance and
compatible with the neighborhood. Mr. Prater recommended the City Council uphold the
Planning Commission's determination and deny the appeal; or; approve the appeal,
reversing the Planning Commission findings for denial and consider the rest of the
project for final action.
\JJ
Mayor Peters opened the hearing for public comment.
George Garcia, representing the applicant/appellant, reviewed the project overview,
affordable housing incentives (SB 1818) and points of appeal.
The following people expressed opposition to the Mixed -Use and Five Lot Residential
Community Housing Project proposed at 555 Main Street: Roger Ewing, Priscilla Ko,
Lynda Merrill, Norman MacTaggart, Dorothy Cutter, and George Contento.
4
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — JULY 11, 2005
The following people expressed support for the Mixed -Use and Five Lot Residential
Community Housing Project proposed at 555 Main Street: Louise Tucker and Ken
Vesterfelt.
George Garcia, representing the applicant/appellant, reviewed the parking requirements,
density of the project, and the ratio of the residential/commercial mix.'
Mayor Peters closed the public comment hearing.
Councilmember Winholtz expressed concern with the removal of visitor -serving
commercial uses.
Councilmember Baxley stated the 10.4% ratio of commercial mix is too low.
Councilmember DeMeritt stated she has concerns with the upstairs units, and the lack of
•a baseline percentage for residential/commercial mix projects.
MOTION: Councilmember DeMeritt moved the City Council uphold the Planning
® Commission's determination and deny the appeal without prejudice. The
motion was seconded by Councilmember Winholtz.
Councilmember Peirce stated he would prefer a 24% ratio of commercial/residential mix.
Mayor Peters stated the ideal visitor -serving use would be motel rooms or a bed &
breakfast.
Councilmember Baxley stated he does not like the middle of the project where they are
proposing 2-story single bedroom apartments, which is causing a problem with parking.
He suggested reducing the floor space for that section of the project.
VOTE: The motion carried with Councilmember Peirce voting no. (4-1).
MOTION: Councilmember Baxley moved the City Council reduce the amount of
square footage in the single bedroom apartments in the center of the
complex to reach a 25% commercial ratio, and encourage Commercial
Visitor Serving uses. The motion was seconded by Councilmember
DeMeritt and carried with Councilmember Peirce and Mayor Peters voting
no. (3-2)
Mayor Peters called for a break at 8:32 p.m.; the meeting resumed at 8:48 p.m.
C
F7
® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — JULY 11, 2005
B-2 APPROVAL OF SEVEN -LOT SUBDIVISION WITH THE EXISTING
CHURCH RETAINED ON THE REMAINDER PARCEL; (PUBLIC
SERVICES)
Councilmember Winholtz stepped down from this item due to her participation in the
Estero Bay United Methodist Church.
Senior Planner Mike Prater stated on June 6, 2005, the Planning Commission considered
the subject Coastal Development Permit and Tract Map applications at a regularly
scheduled public hearing. After considering public testimony, the Commission voted
unanimously to tentatively approve a recommendation to the City Council to grant the
applications and tract map, and directed staff to return with the necessary findings and
conditions of approval. On June 20, 2005, the Planning Commission reviewed and
approved the amended findings and conditions of approval. The purpose for the City
Council's review of this project is that creating five or more parcels requires a Tract Map
approval, which requires City Council action. This proposal would create seven parcels
with one remainder parcel. After some discussion, the Planning Commission added the
Conditions of Approval for the applicant to amend the Tract Map to include a cul-de-sac
® with parking and sidewalks to the residential parcels and require all parcels to be a
minimum of 6,000 square feet in gross area. Mr. Prater recommended then City Council
accept the recommendation of the Planning Commission and adopt the Mitigated
Negative Declaration, approve the Tract Map, and Coastal Development Permit.
Ch J
Mayor Peters opened the hearing for public comment.
Mike Armstrong, representing the applicant, reviewed the filing process and details of the
project. He said the subdivision map before Council is a result of input from the City
Public Services and Public Safety Departments. Mr. Armstrong stated the City Engineer
would like the road extension and Public Safety would like access to the road, and the
church would like to maintain their parking. Mr. Armstrong stated the result of these
options was a Knox, box and gate at the end of parking lot, and a pedestrian walkway
through the property.
Pam Jardine, representing the applicant, recapped points discussed by the Planning
Commission.
Phyllis Borghart stated she is opposed to extending Sequoia Street due to liability
purposes.
0
® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — JULY 11, 2005
Louise Tucker stated the plans are consistent with the neighborhood, and there is ample
open space surrounding this project. She requested Council not extend Sequoia Street
and take away the church parking lot.
Sue Melvin expressed support for the Planning Commission's recommendations for this
project, especially relating to the Sequoia Street extension. She said this street has been
opened twice within the past 25 years, and has been closed due to traffic problems.
Hilary Saner stated this project is good for the church community as well as the
community as a whole. She said the plans submitted with the guidance of City staff
reflect safety and improved access, which will benefit the community. Ms. Saner
requested the City Council approve the clustering concept of this subdivision map.
Mayor Peters closed the public comment hearing.
Mayor Peters called for a break at 9:55 p.m.; the meeting resumed at 10:05 p.m.
MOTION: "Mayor Peters moved the City Council continue to have Sequoia Street
® blocked off with a Knox box for emergency access. The motion was
seconded by Councilmember DeMeritt and carried with Councilmember
Winholtz abstaining. (4-0-1)
MOTION: Councilmember Peirce moved the City Council allow the use of a
hammerhead instead of a cul-de-sac. The motion was seconded by
Councilmember DeMeritt and carried with Councilmember Winholtz
abstaining.(4-0-1)
MOTION: Councilmember Peirce moved the City Council continue the public
hearing approving the seven -lot subdivision with the existing church
retained on the remainder parcel to the August 8, 2005 City Council
meeting. The motion was seconded by Councilmember DeMeritt and
carried with Councilmember Winholtz abstaining. (4-0-1)
B-3 RESOLUTION NO. 30-05: INTENTION TO SELL CITY -OWNED REAL
PROPERTY LOCATED AT CORALSAN JACINTO, LOT 124, TRACT 1996,
MORRO BAY, CALIFORNIA; (CITY ATTORNEY)
City Attorney Robert Schultz stated the City obtained ownership of the property at the
comer of Coral and San Jacinto Streets in September 1996. At the time of the dedication,
the property was a possible site of an additional fire station. However, other alternative
® sites have been found and the City finds that it has no need for the above property;
7
® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — JULY 11, 2005
accordingly, the City would like to sell this property. Government Code Section 37421
allows for the sale of any City -owned building and/or property by adoption of a
resolution of intention to sell City property. The purpose of Resolution No. 30-05 is to
allow for any person to protest the proposed sale. The protest may be written and
delivered to the clerk of the legislative body or orally at the meeting considering the final
action. If no protests are received, or if the legislative body overrules the protests by a
4/5 vote of its members, it may proceed with the sale. Mr. Schultz recommended the
City Council adopt Resolution No. 30-05 regarding the City's intention to sell City -
owned real property located at the comer of Coral and San Jacinto Streets.
Mayor Peters opened the hearing for public comment; there being no comments, Mayor
Peters closed the public comment hearing.
Councilmember DeMeritt suggested amendments to the resolution (second Whereas) as
follows: WHEREAS, said property was dedicated to the City as a possible site for a fire
substation, any funds derived from the sale shall be dedicated to fire stations. She fiuther
recommended removing the second sentence in this paragraph.
is MOTION: Councilmember DeMeritt moved the City Council adopt Resolution No.
30-05 noticing the intention to sell city -owned real property located
at Coral/San Jacinto, Lot 124, Tract 1996, Morro Bay, California as
amended. The motion was seconded by Councilmember Peirce.
Mr. Schultz recommended leaving in the second sentence, and adding Councilmember
DeMeritt's recommended language at the end of the paragraph. Amended paragraph to
read as follows:
"WHEREAS, said property was dedicated to the City as a possible site for a fire
substation. Subsequently, the City has determined that the property at SEC Coral/San
Jacinto Street, Lot 124, Tract 1996, Morro Bay, California, for the common benefit of its
citizens is not suited for a fire substation and better locations exist for a fire substation.
Any funds derived from the sale shall be dedicated to fire stations; and".
Councilmember DeMeritt amended her motion to reflect the City's Attorneys
recommended language; and Councilmember Peirce amended his second to the motion.
VOTE: The motion carried unanimously. (5-0)
C
® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — JULY 11, 2005
C. UNFINISHED BUSINESS — NONE.
D. NEW BUSINESS
D-1 CONSIDERATION OF PROJECT REGARDING NEW REVENUE
PROGRAMS; (ADMINISTRATION)
This item was continued to the July 25, 2005 City Council meeting.
D-2 REPORT ON PLANNING DIVISION WORKLOAD AND ADOPTION OF
WORK PROGRAM; (PUBLIC SERVICES)
Public Services Director Bruce Ambo stated due to the recent budgeting process, the
Planning Manager has retired and there is a vacant Assistant/Associate Planner position,
leaving only one planner to handle the majority of the Planning Division workload.
Remaining staff from the Building, Public Works and Administrative divisions and the
Director are also helping out with daily duties. The planning counter hours for public and
applicant assistance has been cut back to four hours per day, four days a week, with no
® walk-in planning assistance available on Fridays. Planning Commission meetings have
been reduced from twice a month to once a month due to the difficulty in getting the
projects reviewed and the reports written with the heavy caseload of other activities
including building plan checks, counter coverage, code enforcement, site inspections, and
the advanced planning activities. There are 39 current planning applications submitted
for review, in addition to the Advanced Planning Work Program items. Mr. Ambo
recommended the City Council establish a temporary freeze on all new additions to the
Planning Division work program until the division is fully staffed and new staff is
familiar with the plans, policies and regulations; and, consider an alternative work
program when advanced planning activities resume that moves the Subdivision
Ordinance and Local CEQA Guidelines up on the priority list.
MOTION: Councilmember Baxley moved the City Council as follows: 1) establish a
temporary freeze on all new additions to the Planning Division work
program until the division is frilly staffed and new staff is familiar with the
plans, policies and regulations; and, 2) consider an alternative work
program when advanced planning activities resume that moves the
Subdivision Ordinance and the local CEQA guidelines up on the priority
list with amendments to the priority list as discussed by Council. The
motion was seconded by Councilmember Peirce and carried unanimously.
(5-0)
Lu
® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — JULY 11, 2005
ADJOURNMENT
The meeting adjourned at 10:45 p.m.
Recorded by:
by: \
`Q....dC q I.OtI�
Bridgett Boauer
City Clerk
El
If
10
® City of Morro Bay
City Council Agenda
Mission Statement
The City of Morro Bay is dedicated to the preservation and enhancement of the quality
of life. The City shall be committed to this purpose and will provide a level of
municipal service and safety consistent with and responsive to the needs of the public.
REGULAR MEETING — JUNE 27, 2005
CLOSED SESSION — JUNE 27, 2005
CITY HALL CONFERENCE ROOM - 5:00 P.M.
595 HARBOR ST., MORRO BAY, CA
CS-1 GOVERNMENT CODE SECTION 54956.8; REAL PROPERTY
® TRANSACTIONS. Instructing City's real property negotiators regarding the
price and terms of payment for the purchase, sale, exchange, or lease of real
property.
• Property: Lease Site: Outfall Line
Negotiating Parties: City and Duke Energy
Negotiations: Lease Terms and Conditions
Property: One Acre Land at the Comer of Jacinto Street and SRI
Negotiating Parties: City and Keyoto-Morro Bay, Inc.
Negotiations: Sale Terms
CS-2 GOVERNMENT CODE SECTION 54957.6; CONFERENCE WITH
LABOR NEGOTIATOR. Conference with the City Manager, the City's
Designated Representative, for the purpose of reviewing the City's position
regarding salaries, salary schedules, or compensation paid in the form of fringe
benefits, and giving instruction to the Designated Representative.
IT IS NOTED THAT THE CONTENTS OF CLOSED SESSION MEETINGS
ARE CONFIDENTIAL AND EXEMPT FROM DISCLOSURE.
11
® PUBLIC SESSION — JUNE 27, 2005
VETERANS MEMORIAL HALL - 6:00 P.M.
209 SURF ST., MORRO BAY, CA
ESTABLISH QUORUM AND CALL TO ORDER
MOMENT OF SILENCE
PLEDGE OF ALLEGIANCE
MAYOR AND COUNCILMEMBERS ANNOUNCEMENTS & PRESENTATIONS
CLOSED SESSION REPORT
PUBLIC COMMENT PERIOD - Members of the audience wishing to address the
Council on City business matters (other than Public Hearing items under Section B) may
do so at this time.
To increase the effectiveness of the Public Comment Period, the following rules shall be
followed:
• When recognized by the Mayor, please come forward to the podium and state
your name and address for the record. Comments are to be limited to three
minutes.
® • All remarks shall be addressed to Council, as a whole, and not to any
individual member thereof.
• The Council respectfully requests that you refrain from making slanderous,
profane or personal remarks against any elected official, commission and/or
staff.
• Please refrain from public displays or outbursts such as unsolicited applause,
comments or cheering.
• Any disruptive activities that substantially interfere with the ability of the City
Council to carry out its meeting will not be permitted and offenders will be
requested to leave the meeting.
• Your participation in City Council meetings is welcome and your courtesy
will be appreciated.
In compliance with the Americans with Disabilities Act, if you need special assistance to
participate in this meeting, please contact the City Clerk, (805) 772-6205. Notification 72
hours prior to the meeting will enable the City to make reasonable arrangements to ensure
accessibility to this meeting.
COUNCIL DECLARATION OF FUTURE AGENDA ITEMS
HI
PA
® A. CONSENT CALENDAR
Unless an item is pulled for separate action by the City Council, the following actions are
approved without discussion.
A-1 MINUTES FOR THE JUNE 13, 2005 REGULAR MEETING; (ADMINISTRATION)
RECOMMENDATION: Approve as submitted.
A-2 INVESTMENT REPORT FOR MAY 2005; (FINANCE)
RECOMMENDATION: Receive report for information.
A-3 ORDINANCE NO. 510 AMENDING MORRO BAY MUNICIPAL CODE §8.16
REGARDING ESTABLISHING PROCEDURES FOR COLLECTION OF
SOLID WASTE FEES FROM DELINQUENT RATE PAYERS - SECOND
READING AND ADOPTION; (ADMINISTRATION)
RECOMMENDATION: Approve second reading and adoption of Ordinance No.
510.
B. PUBLIC HEARINGS. REPORTS & APPEARANCES
® B-1 RESOLUTION NO.27-05 DIRECTING THE LEVY OF THE ANNUAL
ASSESSMENT FOR THE CLOISTERS LANDSCAPING AND LIGHTING
MAINTENANCE ASSESSMENT DISTRICT; (RECREATION & PARKS)
RECOMMENDATION: Adopt Resolution No. 27-05.
B-2 RESOLUTION NO. 28-05 DIRECTING THE LEVY OF THE ANNUAL
ASSESSMENT FOR THE NORTH POINT NATURAL AREA LANDSCAPING
AND LIGHTING MAINTENANCE ASSESSMENT DISTRICT;
(RECREATION & PARKS)
RECOMMENDATION: Adopt Resolution No. 28-05
B-3 CONTINUATION OF BUDGET WORKSHOP OF JUNE 9, 2005 WITH
REPORT IN RESPONSE TO CITY COUNCIL DIRECTIVES AND ACTIONS
TO DATE; (FINANCE)
RECOMMENDATION: Discuss and direct staff accordingly.
is
C. UNFINIS14IED BUSINESS
® C-1 RESOLUTION NO. 29-05 ADOPTING FISCAL YEAR 2005-2006 BUDGET
AS AMENDED; (FINANCE)
RECOMMENDATION: Adopt Resolution No. 29-05.
C-2 REVIEW AND ADOPTION OF THE VISION 20/20 REPORT;
. (ADMINISTRATION)
RECOMMENDATION: Review and adopt Vision 20/20 Report.
D. NEW BUSINESS
D-1 CONSIDERATION OF UNITED NATIONS ENVIRONMENTAL PROGRAM
"GREEN CITIES DECLARATION"; (CITY COUNCIL)
RECOMMENDATION: Discuss and direct staff accordingly.
E. ADJOURNMENT
® THIS AGENDA IS SUBJECT TO AMENDMENT UP TO 72 HOURS PRIOR TO
THE DATE AND TIME SET FOR THE MEETING. PLEASE REFER TO THE
AGENDA POSTED AT CITY HALL FOR ANY REVISIONS OR CALL THE
CLERK'S OFFICE AT 772-6200 FOR FURTHER INFORMATION.
0
COPIES OF STAFF REPORTS OR OTHER PUBLIC DOCUMENTATION
RELATING TO EACH ITEM OF BUSINESS REFERRED TO ON THIS
AGENDA ARE ON FILE IN THE OFFICE OF THE CITY CLERK .AND
AVAILABLE FOR PUBLIC INSPECTION AND REPRODUCTION AT COST AT
CITY HALL, LIBRARY, AND MILLS STATIONERY.
IN COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT, IF
YOU NEED SPECIAL ASSISTANCE TO PARTICIPATE IN A CITY MEETING,
PLEASE CONTACT THE CITY CLERK'S OFFICE AT LEAST 24 HOURS
PRIOR TO THE MEETING TO INSURE THAT REASONABLE
ARRANGEMENTS CAN BE MADE TO PROVIDE ACCESSIBILITY TO THE
MEETING.
13
® MINUTES - MORRO BAY CITY COUNCIL
CLOSED SESSION — JUNE 27, 2005
CITY HALL CONFERENCE ROOM - 5:00 P.M.
Mayor Peters called the meeting to order at 5:00 p.m
PRESENT: Janice Peters
Mayor
Thad Baxley
Councilmember
Melody DeMeritt
Councilmember
William Peirce
Councilmembcr
Betty Winholtz
Councilmember
STAFF: Robert Hendrix
City Manager
Robert Schultz
City Attorney
CLOSED SESSION
MOTION: Councilmember Peirce moved the meeting be adjoumed.to Closed Session.
The motion was seconded by Councilmember Baxley and unanimously
carried. (5-6)
Mayor Peters read the Closed Session Statement.
® CS-1 GOVERNMENT CODE SECTION 54956.8; REAL PROPERTY
TRANSACTIONS. Instructing City's real property negotiators regarding the price
and terms of payment for the purchase, sale, exchange, or lease of real property.
• Property: Lease Site: Outfall Line
CS-2
Negotiating Parties: City and Duke Energy
Negotiations: Lease. Terms and Conditions
Property: One Acre Land at the Corner of Jacinto Street and SRI
Negotiating Parties: City and Keyoto-Morro Bay, Inc.
Negotiations: Sale Terms
NEGOTIATOR. Conference with the City Manager, the City's Designated
Representative, for the purpose of reviewing the City's position regarding salaries,
salary schedules, or compensation paid in the form of fringe benefits, and giving
instruction to the Designated Representative.
The meeting adjourned to Closed Session it 5:00 p.m. and returned to regular session at
6:00 p.m.
MOTION: Councilmember Peirce moved the meeting be adjourned. The motion was
seconded by Councilmember Baxley and unanimously carried. (5-0)
0 The meeting adjourned at 6:00 p.m.
® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — JUNE 27, 2005
VETERANS MEMORIAL HALL - 6:00 P.M.
Mayor Peters called the meeting to order at 6:00 p.m.
PRESENT: Janice Peters Mayor
Thad Baxley
Councilmember
Melody DeMeritt
Councilmember
William Peirce
Councilmember
Betty Winholtz
Councilmember
STAFF: Robert Hendrix
City Manager
Andrea Lueker
Assistant City Manager
Robert Schultz
City Attorney
Bridgett Bauer
City Clerk
Rick Algert
Harbor Director
Bruce Ambo
Public Services Director
Janeen Burlingame
Management Analyst
John DeRohan
Police Chief
Mike Pond
Fire Chief
Jim Koser
Finance Director
® ESTABLISH QUORUM AND CALL TO ORDER
MOMENT OF SILENCE
PLEDGE OF ALLEGIANCE
MAYOR'S REPORTS & ANNOUNCEMENTS
CLOSED SESSION REPORT - City Attorney Robert Schultz reported the City Council
met in Closed Session, and no reportable action under the Brown Act was taken on Item
CS-1 (outfall line) and Item CS-2; Council did take action on Item CS-1 (One Acre Land at
the Comer of Jacinto Street and SRI) by unanimously voting to bring forth a resolution to
place this property for sale.
PUBLIC COMMENT
Candace Vittitow stated there would be a yard sale on Saturday July 2nd at King and Pacific
Streets, and all proceeds will go towards the "Save the Park" fund.
Ken Switrus requested citizens bring donations to the yard sale to help preserve the historic
State Park. He also expressed concern with the planting of oak trees along the coastline.
Dannie Tope thanked the public for their donations towards the 4'h of July festivities. She
also stated the Tides Community Guide is helpful to both citizens and tourists and should
be continued.
11J
® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — JUNE 27, 2005
John Bafford stated the Morro Bay Eagles Club would sponsor the annual Easter Egg Hunt
next year.
Betty Forsythe announced `Be a Helping Hand" volunteer group has been formed to
support and promote community events.
Karen Sweeney, Recreation & Parks Sports Supervisor, invited the community to
upcoming City recreational activities.
Lynda Merrill referred to the architectural review of the fire station reviewed by the
Planning Commission, and asked Council to act on the improvement of this design. She
also shared the 0 of July trolley routes.
Brian Stacy expressed concern with the lack of access to public information that affects his
fishing business.
Roy Kline stated oak trees are found planted along the coastline
® Ed Ewing stated the Cable Liaison Committee office is open to the public, and meetings
are publicly posted. He said the fishermen's storage is full and there is a waiting list.
Ken Vesterfelt reviewed the police department calls over the weekend.
Mandy Davis thanked the City for taking the position in writing a letter to the Department
of Fish & Game regarding hunting in the back bay. She requested City representatives
attend the Fish & Game meeting when it is in town. Ms. Davis also said she agrees with
the Mayor's comments on the 20/20 Vision Report.
Phil Hill expressed his respect of the integrity of the City Council and staff.
Mayor Peters closed the hearing for public comment.
DECLARATION OF FUTURE AGENDA ITEMS
Councilmember DeMeritt requested a discussion on formulating an e-mail policy;
Councilmember Winholtz and Councilmember Baxley concurred.
Mayor Peters called for a break at 6:57 p.m.; the meeting resumed at 7:12 p.m.
3
® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — JUNE 27, 2005
A. CONSENT CALENDAR
Unless an item is pulled for separate action by the City Council, the following actions are
approved without discussion.
A-1 MINUTES FOR THE JUKE 13, 2005 REGULAR MEETING; (ADMINISTRATION)
RECOMMENDATION: Approve as submitted.
A-2 INVESTMENT REPORT FOR MAY 2005; (FINANCE)
RECOMMENDATION: Receive report for information.
A-3 ORDINANCE NO. 510 AMENDING MORRO BAY MUNICIPAL CODE §5.16
REGARDING ESTABLISHING PROCEDURES FOR COLLECTION OF SOLID
WASTE FEES FROM DELINQUENT RATE PAYERS - SECOND READING
AND ADOPTION; (ADMINISTRATION)
is RECOMMENDATION: 'Approve second reading and adoption of Ordinance No.
510.
MOTION: Councilmember Winholtz moved the City Council approve the Consent
Calendar. The motion was seconded by Councilmember Peirce and carried
unanimously. (5-0)
B. PUBLIC HEARINGS. REPORTS & APPEARANCES
B-1 RESOLUTION NO.27-05 DIRECTING THE LEVY OF THE ANNUAL
ASSESSMENT FOR THE CLOISTERS LANDSCAPING AND LIGHTING
MAINTENANCE ASSESSMENT DISTRICT; (RECREATION & PARKS)
Assistant City Manager Andrea Lueker stated at the May 23, 2005 City Council meeting,
the Council adopted Resolution No. 23-05 approving the Engineer's Report describing the
annual maintenance to be completed at the Cloisters Park and Open Space, and declaring
the City's intent to levy an annual assessment to finance this maintenance. The County
Assessor will collect the assessment projected at $1,241.20 per assessable lot in the
Cloisters subdivision. As part of the assessment process, the City ordered the preparation
of an Engineer's report, adopted a resolution of intention to levy an assessment, set June
27, 2005 as the hearing date on the proposed levy of assessment, noticed all property
owners on record via first class mail of the hearing, and published the notice in the local
® newspaper. The Council must hold a protest/public hearing before considering the levy of
C!
® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — JUNE 27, 2005
the annual assessment. By adopting Resolution No. 27-05, $148,944 will be collected
through an assessment of all parcel owners in the Cloisters subdivision for the maintenance
of the Cloisters Park and Open Space. Ms. Lueker recommended the City Council hold a
public hearing on the annual levy of assessment for the Cloisters Landscaping and Lighting
Maintenance Assessment District, and then adopt Resolution No. 27-05 confirming the
levy of assessment for Fiscal Year 2005-06.
Mayor Peters opened the hearing for public comment.
Kerrigan Mayham read a letter from attorney John Belsher in support of the protest to the
Cloisters Landscaping And Lighting Maintenance Assessment District.
Steve Stevens expressed opposition to this annual assessment. He also read a statement
from John Lauffer who also opposes this assessment.
Freeman Hall expressed opposition to this annual assessment.
Melanie Mayhashared pictures showing that the public at -large uses the Cloister's park.
is
Mayor Peters closed the public comment hearing.
MOTION: Councilmember Baxley moved the City Council adopt Resolution No. 27-05
directing the levy of the annual assessment for the Cloisters Landscaping And
Lighting Maintenance Assessment District. The motion was seconded by
Councilmember Winholtz and carved unanimously. (5-0)
B-2 RESOLUTION NO. 28-05 DIRECTING THE LEVY OF THE ANNUAL
ASSESSMENT FOR THE NORTH POINT NATURAL AREA LANDSCAPING
AND LIGHTING MAINTENANCE ASSESSMENT DISTRICT; (RECREATION
& PARKS)
Assistant City Manager Andrea Lueker stated at the May 23, 2005 City Council meeting,
the Council adopted Resolution No. 24-05 approving the Engineer's Report describing the
annual maintenance to be completed at the North Point Natural Area, and declaring the
City's intent to levy an annual assessment to finance this maintenance. The County
Assessor will collect the assessment projected at $564.50 per assessable lot in the North
Point subdivision. As part of the assessment process, the City ordered the preparation of an
Engineer's report, adopted a resolution of intention to levy an assessment, set June 27,
2005 as the hearing date on the proposed levy of assessment, noticed all property owners
on record via first class mail of the hearing, and published the notice in the local
® newspaper. The Council must hold a protest/public hearing before considering the levy of
® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — JUNE 27, 2005
the annual assessment. By adopting Resolution No. 28-05, $5,645 will be collected
through an assessment of all parcel owners in the North Point subdivision for the
maintenance of the North Point Natural Area. Ms. Lueker recommended the City Council
hold a public hearing on the annual levy of assessment for the North Point Natural Area
Landscaping and Lighting Maintenance Assessment District, and then adopt Resolution
No. 28-05 confirming the levy of assessment for Fiscal Year 2005-06.
Mayor Peters opened the hearing for public comment; there being no comments, Mayor
Peters closed the public comment hearing.
MOTION: Councilmember Baxley moved the City Council adopt Resolution No. 28-05
directing the levy of the annual assessment for the North Point Natural Area
Landscaping and Lighting Maintenance Assessment District. The motion was
seconded by Councilmember Winholtz and carried unanimously. (5-0)
B-3 CONTINUATION OF BUDGET WORKSHOP OF JUNE 9, 2005 WITH
REPORT IN RESPONSE TO CITY COUNCIL DIRECTIVES AND ACTIONS
TO DATE; (FINANCE)
® Finance Director Jim Koser stated on June 9, 2005, the City Council held its second public
budget workshop and took the following action:
1) Directed that the savings generated at the May 16a' budget workshop be applied
to restore the Fire Department staffing to the same level of staffing as is
authorized for the current year. Further, any needed funds in addition to the
savings were to be taken from elsewhere in the Fire Department budget;
2) Directed that staff find $12,000 to augment the AGP Video services contract
and continue covering all Brown Act meetings in the City;
3) Directed staff to preserve General Fund reserves of $1,250,000 for the one
upcoming fiscal year; and
4) Requested further information on several other issues for consideration, at this
budget workshop and at future regular business meetings.
Mr. Koser stated the General Fund is currently balanced without the use of one-time
revenues; all other budgeted funds have been reviewed with no changes. He recommended
the City Council receive the background information leading up to this point in budget
development; continue the public hearing to provide any additional direction or action; and,
direct staff with regard to this matter.
Mayor Peters opened the hearing for public comment.
LA
MINUTES - MORRO BAY CITY COUNCIL
® REGULAR MEETING — JUNE 27, 2005
Dan Glessman shared the General Fund Reserves trend at fiscal year end during the past
five years.
Lynda Merrill stated departments throughout the City are taking cuts. She requested the
City Council examine all budget cuts and preserve the superior way of life throughout the
various departments.
Mary Sponhaltz, Police Department, stated there is no such call as a "throw away" call
received by the Police Department.
Mayor Peters closed the public comment hearing.
Councilmember Baxley stated he is open to use "one-time funds" to save some Recreation
& Parks and Police Department losses.
MOTION: Councilmember Baxley moved the City Council agree to use "excess
proceeds" from the sale of Flippo's Skate Harbor for restoration of Police
positions, Recreation & Parks maintenance positions and part-time funds, or
® to increase the reserve. The motion was seconded by Councilmember
Peirce.
Councilmember DeMeritt stated she would like to put funds into the reserves, perhaps
funding %z towards the two departments.
VOTE: The motion carried with Councilmember DeMeritt and Councilmember
Winholtz voting no. (3-2)
Councilmember DeMeritt suggested cutting the police vehicle replacement for both fiscal
years.
Councilmember Peirce stated he would like to reinstate three police officer positions, but
will support a motion to reinstate two officers.
MOTION: Councilmember Peirce moved the City Council direct staff to use the
proceeds from the sale of Flippo's Skate Harbor to reinstate one corporal
and two police officer positions, in the amount of $261,205; and, to restore
one Recreation & Parks Maintenance II Worker — Facilities position to full
time; restore one Maintenance II Worker — Parks position to half time; and
restore part-time funding for the Parks division in the amount of $20, 000
for a total cost of $60,300. The motion was seconded by Councilmember
® Baxley.
® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — JUNE 27, 2005
Councilmember Winholtz stated she would not support the motion with more funding
going to the Police Department rather than the Recreation & Parks budget.
Councilmember DeMeritt stated she would support replacing two police officers, and three
Recreation & Parks employees.
VOTE: The motion carried with Councilmember DeMeritt and Councilmember
Winholtz voting no. (3-2)
Mayor Peters called for a break at 8:45 p.m.; the meeting resumed at 8:50 p.m.
C. UNFINISHED BUSINESS
C-1 RESOLUTION NO. 29-05 ADOPTING FISCAL YEAR 2005-2006 BUDGET AS
AMENDED; (FINANCE)
Finance Director Jim Koser stated the City Council held two public workshops. The first
public workshop was held on the budget on May 16, 2005; the second workshop was held
® on June 9, 2005.' During the workshops, the City Council received input from citizens,
staff and representatives from visitor promotion organizations. Adoption of the fiscal year
2005-06 Budget will establish the estimated revenue goals and expenditure limits for the
upcoming fiscal year and implement the financial plan of the City. Mr. Koser
recommended the City Council adopt Resolution No. 29-05, which formalizes adoption of
the budget.
C11
MOTION: Councilmember Winholtz moved the City Council direct the City Manager
to meet with the bargaining units and the executive management including
the City Manager and City Attorney requesting relief from Cost of Living
Adjustments (COLA), the savings from which to be applied to restoration of
positions. The motion was seconded by Councilmember DeMeritt and
carried unanimously. (5-0)
MOTION: Councilmember Baxley moved the City Council adopt Resolution No. 29-05
adopting Fiscal Year 2005-2006 Budget as amended. The motion was
seconded. by Councilmember Peirce and carried with Councilmember
DeMeritt and Councilmember Winholtz voting no. (3-2)
N
® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — JUNE 27, 2005
C-2 REVIEW AND ADOPTION OF THE
(ADMINISTRATION)
VISION 20/20 REPORT;
Mayor Peters thanked the Vision 20/20 Committee for their efforts in drafting this report.
Council reviewed and made amendments to the Vision 20/20 draft report.
MOTION: Councilmember Peirce moved the City Council accept the Vision 20/20
report as modified. The motion was seconded by Councilmember Winholtz
and carried unanimously. (5-0)
D. NEW BUSINESS
D-I CONSIDERATION OF UNITED NATIONS ENVIRONMENTAL PROGRAM
"GREEN CITIES DECLARATION"; (CITY COUNCIL)
City Manager Robert Hendrix stated at the June 13, 2005 City Council meeting,
Councilmember DeMeritt requested staff provide a report on the "Green Cities
Declaration" and "Urban Environmental Accords" approved by 50 mayors of the world's
® largest cities. The Mayors were attending a United Nations World Environmental Day
Conference in San Francisco. The document included a set of 21 urban environmental
accords. The accords were characterized as pointing the way to a cleaner, greener future
for the planet's cities. The accords signers pledged to improve the environment of their
cities in seven broad areas: energy, waste reduction, urban design, urban nature,
transportation, environmental health and water. According to information about the
conference, cities cover two percent of the world's surface, but accommodate 50 percent of
the world's population. They consume almost three-quarters of the world's resources. The
goal of the United Nations conference was to address in particular those environmental
issues facing urban areas including foul air, inadequate and polluted water, traffic gridlock,
rampant development, unreliable and unsustainable energy supplies, and toxic emissions.
Mr. Hendrix recommended the City Council determine if the "Green Cities Declaration" is
representative of City policy and if so, approve the Declaration by motion. In the
alternative, the City Council could formulate its own specific action regarding the content
of the urban environmental accords.
MOTION: Councilmember Peirce moved the City Council send this item to the Public
Works Advisory Board to evaluate the City's implementation of the Green
Cities Declaration, and report back to the City Council. The motion was
seconded by Councilmember DeMeritt and carried unanimously. (5-0)
E
® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — JUNE 27, 2005
ADJOURNMENT
The meeting adjourned at 9:58 p.m.
Recorded by:
Bridgett Bauer
City Clerk
L.�
Ell
10
® City of Morro Bay
City Council Agenda
Mission Statement
The City of Morro Bay is dedicated to the preservation and enhancement of the quality
of life. The City shall be committed to this purpose and will provide a level of
municipal service and safety consistent with and responsive to the needs of the public.
REGULAR MEETING — JUNE 13, 2005
CLOSED SESSION — JUNE 13, 2005
CITY HALL CONFERENCE ROOM - 5:00 P.M.
595 HARBOR ST., MORRO BAY, CA
CS-1 GOVERNMENT CODE SECTION 54957.6: CONFERENCE WITH
is Designated
NEGOTIATOR. Conference with the City Manager, the City's
Designated Representative, for the purpose of reviewing the City's position
regarding salaries, salary schedules, or compensation paid in the form of fringe
benefits, and giving instruction to the Designated Representative.
CS-2 GOVERNMENT CODE SECTION 54956.8: REAL PROPERTY
TRANSACTIONS. Instructing City's real property negotiators regarding the
price and terms of payment for the purchase, sale, exchange, or lease of real
property.
• Property: Lease Site: Whale's Tail; Lease Site 96/96W
Negotiating Parties: City and Larry and Ursula Davis
Negotiations: Lease Terms and Conditions
Property: Lease Site: Outfall Line
Negotiating Parties: City and Duke Energy
Negotiations: Lease Terms and Conditions
IT IS NOTED THAT THE CONTENTS OF CLOSED SESSION MEETINGS
ARE CONFIDENTIAL AND EXEMPT FROM DISCLOSURE.
C�1
®. PUBLIC SESSION —NNE 13, 2005
VETERANS MEMORIAL HALL - 6:00 P.M.
209 SURF ST., MORRO BAY, CA
ESTABLISH QUORUM AND CALL TO ORDER
MOMENT OF SILENCE
PLEDGE OF ALLEGIANCE
MAYOR AND COUNCILMEMBERS ANNOUNCEMENTS & PRESENTATIONS
CLOSED SESSION REPORT
PUBLIC COMMENT PERIOD - Members of the audience wishing to address the
Council on City business matters (other than Public Hearing items under Section B) may
do so at this time.
To increase the effectiveness of the Public Comment Period, the following rules shall be
followed:
• When recognized by the Mayor, please come forward to the podium and state
your name and address for the record. Comments are to be limited to three
minutes.
• All remarks shall be addressed to Council, as a whole, and not to any
individual member thereof.
is • The Council respectfully requests that you refrain from making slanderous,
profane or personal remarks against any elected official, commission and/or
staff.
• Please refrain from public displays or outbursts such as unsolicited applause,
comments or cheering.
• Any disruptive activities that substantially interfere with the ability of the City
Council to carry out its meeting will not be permitted and offenders will be
requested to leave the meeting.
• Your participation in City Council meetings is welcome and your courtesy
will be appreciated.
In compliance with the Americans with Disabilities Act, if you need special assistance to
participate in this meeting, please contact the City Clerk, (805) 772-6205. Notification 72
hours prior to the meeting will enable the City to make reasonable arrangements to ensure
accessibility to this meeting.
COUNCIL DECLARATION OF FUTURE AGENDA ITEMS
1]
A. CONSENT CALENDAR
is Unless an item is pulled for separate action by the City Council, the following actions are
approved without discussion.
A-1 MINUTES FOR THE MAY 23, 2005 REGULAR MEETING, AND THE
SPECIAL BUDGET WORKSHOP ON MAY 16, 2005; (ADMINISTRATION)
RECOMMENDATION: Approve as submitted.
A-2 AWARD OF CONTRACT FOR PREPARATION OF CONSTRUCTION
PLANS AND SPECIFICATIONS FOR HARBORWALK PROJECT; (PUBLIC
SERVICES)
RECOMMENDATION: Award the contract to RRM Design Group, and
authorize the City Manager to execute pertinent contract documents.
B. PUBLIC HEARINGS. REPORTS & APPEARANCES
B-1 ORDINANCE NO. 510 AMENDING MORRO BAY MUNICIPAL CODE §8.16
REGARDING ESTABLISHING PROCEDURES FOR COLLECTION OF
SOLID WASTE FEES FROM DELINQUENT RATE PAYERS -
INTRODUCTION AND FIRST READING; (ADMINISTRATION)
is No.
Approve first reading and introduction of Ordinance
No. 510.
B-2 PUBLIC HEARING ON A PROPOSED MIXED -USE DEVELOPMENT
LOCATED AT 600 MORRO BAY BOULEVARD; (PUBLIC SERVICES)
RECOMMENDATION: Accept the recommendation of the Planning
Commission and adopt the Mitigated Negative Declaration approving the
Tract Map, Conditional Use Permit, Coastal Development Permit, and
Parking Exception for this project.
B-3 ORDINANCE NO. 509 EXTENDING AN URGENCY INTERIM ORDINANCE
PROHIBITING THE ESTABLISHMENT OF MEDICAL MARIJUANA
DISPENSARIES; (CITY ATTORNEY)
RECOMMENDATION: Adopt Ordinance No. 509.
C. UNFINISHED BUSINESS
C-1 REVIEW AND ADOPTION OF THE VISION 20/20 REPORT; (CITY
COUNCIL)
® RECOMMENDATION: Review and adopt Vision 20/20 Report.
itl
D. NEW BUSINESS
® D-1 COUNCIL MEMBER REQUEST TO AGENDIZE THE REVIEW OF A
LETTER TO FISH & GAME REGARDING HUNTING IN THE BAY; (CITY
COUNCIL)
RECOMMENDATION: Discuss and direct staff accordingly.
D-2 RESOLUTION NO. 26-05 ADOPTING PROPOSED LAY-OFF POLICY;
(ADMINISTRATION)
RECOMMENDATION: Adopt Resolution No. 26-05.
D-3 ADOPTION OF REVISED FULL SECONDARY 9-1/2 YEAR TIMELINE
DATED MAY 19, 2005, AND SUBMITTAL OF THE REVISED TIMELINE
TO THE REGIONAL WATER QUALITY CONTROL BOARD; (PUBLIC
SERVICES)
RECOMMENDATION: Adopt the "Revised Full Secondary 9-1/2 Year Timeline
— Dated May 19, 2005", and direct staff to submit the revised timeline to the
Regional Water Quality Control Board.
D-4 APPROVAL OF FISCAL YEAR 2005-2006 BUDGET FOR WASTEWATER
TREATMENT PLANT; (PUBLIC SERVICES)
® RECOMMENDATION: Approve the Fiscal Year 2005-2006 Budget for the
Wastewater Treatment Plant.
E. ADJOURNMENT
THIS AGENDA IS SUBJECT TO AMENDMENT UP TO 72 HOURS PRIOR TO THE DATE AND
TIME SET FOR THE MEETING. PLEASE REFER TO THE AGENDA POSTED AT CITY
HALL FOR ANY REVISIONS OR CALL THE CLERK'S OFFICE AT 772-6200 FOR FURTHER
INFORMATION.
COPIES OF STAFF REPORTS OR OTHER PUBLIC DOCUMENTATION RELATING TO
EACH ITEM OF BUSINESS REFERRED TO ON THIS AGENDA ARE ON FILE IN THE
OFFICE OF THE CITY CLERK AND AVAILABLE FOR PUBLIC INSPECTION AND
REPRODUCTION AT COST AT CITY HALL, LIBRARY, AND MILLS STATIONERY.
IN COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT, IF YOU NEED
SPECIAL ASSISTANCE TO PARTICIPATE IN A CITY MEETING, PLEASE CONTACT THE
CITY CLERK'S OFFICE AT LEAST 24 HOURS PRIOR TO THE MEETING TO INSURE THAT
REASONABLE ARRANGEMENTS CAN BE MADE TO PROVIDE ACCESSIBILITY TO THE
MEETING.
13
MINUTES - MORRO BAY CITY COUNCIL
® CLOSED SESSION — JUNE 13, 2005
CITY HALL CONFERENCE ROOM - 5:00 P.M.
Mayor Peters called the meeting to order at 5:00 p.m.
PRESENT: Janice Peters Mayor
STAFF
CLOSED SESSION
Thad Baxley
Melody DeMeritt
William Peirce
Betty Winholtz
Robert Hendrix
Robert Schultz
Councilmember
Councilmember
Councilmember
Councilmember
City Manager
City Attorney
MOTION: Councilmember Peirce moved the meeting be adjourned to Closed
Session. The motion was seconded by Councilmember DeMeritt and
unanimously carved. (5-0)
Mayor Peters read the Closed Session Statement.
® CS -I GOVERNMENT CODE SECTION 54957.6; CONFERENCE WITH
LABOR NEGOTIATOR. Conference with the City Manager, the City's
Designated Representative, for the purpose of reviewing the City's position
regarding salaries, salary schedules, or compensation paid in the form of fringe
benefits, and giving instruction to the Designated Representative.
CS-2 GOVERNMENT CODE SECTION 54956.8; REAL PROPERTY
TRANSACTIONS. Instructing City's real property negotiators regarding the
price and terns of payment for the purchase, sale, exchange, or lease of real
property.
Property: Lease Site: Whale's Tail; Lease Site 96/96W
Negotiating Parties: City and Larry and Ursula Davis
Negotiations: Lease Terms and Conditions
Property: Lease Site: Outfall Line
Negotiating Parties: City and Duke Energy
Negotiations: Lease Terms and Conditions
The meeting adjourned to Closed Session at 5:00 p.m. and returned to regular session at
5:55 p.m.
MOTION: Councilmember Peirce moved the meeting be adjourned. The motion was
® seconded by Councilmember Winholtz and unanimously carried. (5-0)
The meeting adjourned at 5:55 p.m.
Ei
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — JUNE 13, 2005
VETERANS MEMORIAL HALL - 6:00 P.M.
Mayor Peters called the meeting to order at 6:00 p.m.
PRESENT: Janice Peters Mayor
Thad Baxley
Melody DeMeritt
William Peirce
Betty Winholtz
STAFF: Robert Hendrix
Andrea Lueker
Robert Schultz
Bridgett Bauer
Bill Boucher
Janeen Burlingame
Rick Algert
Bruce Ambo
John DeRohan
Mike Pond
Mike Prater
Bruce Keogh
Jim Koser
ESTABLISH QUORUM AND CALL TO ORDER
MOMENT OF SILENCE
Councilmember
Councilmember
Councilmember
Councilmember
City Manager
Assistant City Manager
City Attorney
City Clerk
Capital Projects Manager
Management Analyst
Harbor Director
Public Services Director
Police Chief
Fire Chief
Senior Planner
Waste Water Treatment Plant Manager
Finance Director
PLEDGE OF ALLEGIANCE
MAYOR'S REPORTS & ANNOUNCEMENTS
CLOSED SESSION REPORT - City Attorney Robert Schultz reported the City Council
met in Closed Session, and no reportable action under the Brown Act was taken.
PUBLIC COMMENT
The following people expressed support for hunting in the back bay: Gene Jobe, Fred
Harpster, Ken Fryer, Gary Owens, Fred Harpster, Jr., Mark Tognazzini, Dick Sylvester,
Mark Van Wagoner, and Bill Cereghino.
The following people expressed opposition to hunting in the back bay: Andrew Christie,
Joan Carter, Mandy Davis, Frank DeVine, Lynda Merrill, Jack McCurdy, Kara
Hagendom, Phil Hill, Sandra Beebe, Richard Boyd, and Roger Ewing.
MINUTES - MORRO BAY CITY COUNCIL
® REGULAR MEETING — JUNE 13, 2005
Joey Racano addressed Item D-3 (Adoption of Revised Full Secondary 9-1/2 Year
Timeline Dated May 19, 2005, and Submittal of the Revised Timeline to the Regional
Water Quality Control Board) stated secondary treatment is the mere minimum, and no
less than full tertiary treatment should be considered. He also said the sub -committee
meeting was held with no public notification, which makes taking action illegal.
Candace Vittitow addressed the statistics of annual attendance of the Morro Bay State
Park Campground for five years prior to its renovation. She said the Park has been
removed from the reservation system for over two years. Ms. Vittitow addressed those
who were and were not invited to the ribbon cutting of the State Park.
Ken Switrus addressed the history of the Morro Bay State Park Campground, and noted
the Park should be officially classified historic so they cannot destroy any more of the
historic fabric of our State Park.
Lynda Merrill stated the giant chessboard pieces need refurbishing and perhaps a
volunteer could assist.
Charles Reasor addressed the zoning ordinance review and stated not all Conditional Use
Permits should be approved administratively.
® David Weisman addressed the economy brought into the city by hunters vs. non -hunters.
Mayor Peters closed the hearing for public comment.
Mayor Peters called for a break at 7:10 p.m.; the meeting resumed at 7:25 p.m.
DECLARATION OF FUTURE AGENDA ITEMS
Mayor Peters requested the consideration of a sales tax increase; Councilmember Baxley
and Councilmember Winholtz concurred.
Mayor Peters requested the discussion on zoning for medical marijuana dispensaries;
Councilmember DeMeritt and Councilmember Winholtz concurred.
Councilmember DeMeritt requested the consideration of the United Nations
Environmental Program "Green Cities Declaration; Councilmember Winholtz and
Mayor Peters concurred.
3
MINUTES - MORRO BAY CITY COUNCIL
® REGULAR MEETING — JUNE 13, 2005
A. CONSENT CALENDAR
Unless an item is pulled for separate action by the City Council, the following actions are
approved without discussion.
A-1 MINUTES FOR THE MAY 23, 2005 REGULAR MEETING, AND THE
SPECIAL BUDGET WORKSHOP ON MAY 16, 2005; (ADMINISTRATION)
RECOMMENDATION: Approve as submitted.
A-2 AWARD OF CONTRACT FOR PREPARATION OF CONSTRUCTION
PLANS AND SPECIFICATIONS FOR HARBORWALK PROJECT; (PUBLIC
SERVICES)
RECOMMENDATION: Award the contract to RRM Design Group, and authorize
the City Manager to execute pertinent contract documents.
Mayor Peters pulled Item A-2 from the Consent Calendar.
MOTION: Councilmember Winholtz moved the City Council approve Item A-1 of
® the Consent Calendar. The motion was seconded by Councilmember
Baxley and carved unanimously. (5-0)
A-2 AWARD OF CONTRACT FOR PREPARATION OF CONSTRUCTION
PLANS AND SPECIFICATIONS FOR HARBORWALK PROJECT; (PUBLIC
SERVICES)
Mayor Peters stated she would be stepping down on this item due to a conflict of interest.
MOTION: Councilmember Peirce moved the City Council approve Item A-2 of the
Consent Calendar. The motion was seconded by Councilmember Baxley
and carried with Mayor Peters abstaining. (4-0-1)
B. PUBLIC HEARINGS, REPORTS & APPEARANCES
B-1 ORDINANCE NO. 510 AMENDING MORRO BAY MUNICIPAL CODE §8.16
REGARDING ESTABLISHING PROCEDURES FOR COLLECTION OF
SOLID WASTE FEES FROM DELINQUENT RATE PAYERS -
INTRODUCTION AND FIRST READING; (ADMINISTRATION)
Management Analyst Janeen Burlingame stated at the City Council's May 9, 2005
meeting, the Council approved the recommendation by the Public Works Advisory Board
® to amend Morro Bay Municipal Code Section 8.16 to include provisions for collection of
delinquent charges such as those established for San Luis Obispo and Los Osos. The
proposed ordinance would amend the current Solid Waste section of the municipal code
4
® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — JUNE 13, 2005
and outline the process to collect solid waste fees from delinquent ratepayers through the
lien process. The process involves the garbage company, once a year, to compile a list of
property owners whose accounts are 120 days past due, send a certified letter to property
owners with a delinquent account requesting payment by a certain date and notifying the
City afterward of those whose accounts are still past due. The City Council will then
adopt a resolution authorizing the County Assessor to assess the amounts due on
delinquent accounts as liens against the properties. Ms. Burlingame recommended the
City Council conduct a public hearing to consider Ordinance No. 510 establishing
procedures for collection of solid waste fees from delinquent ratepayers and approve the
first reading by title and number only.
Mayor Peters opened the hearing for public comment; there being no comments, Mayor
Peters closed the public comment hearing.
Councilmember Winholtz suggested using language that is used by the City of San Luis
Obispo in Morro Bay Municipal Code Section 8.04.070(D).
MOTION: Councilmember Baxley moved the City Council approve Ordinance No.
510 establishing procedures for collection of solid waste fees from
® delinquent ratepayers and approve the first reading by title and number
only. The motion was seconded by Councilmember Peirce and carried
with Councilmember Winholtz voting no. (4-1)
B-2 PUBLIC HEARING ON A PROPOSED MIXED -USE DEVELOPMENT
LOCATED AT 600 MORRO BAY BOULEVARD; (PUBLIC SERVICES)
Senior Planner Mike Prater stated on April 18, 2005, the Planning Commission
considered the subject Coastal Development Permit and Parking Exception applications
at a regularly scheduled public hearing. After considering public testimony, the
Commission voted unanimously to approve the applications. The purpose of the City
Council's review of this project is that creating five or more parcels requires a Tract Map
approval, which requires Council action. The proposed development would consist of
three commercial retail spaces separated by a walkway leading to an open courtyard area
in the center of the project. All street frontages would have commercial uses on the
ground floor, and residential uses would be situated to the rear of the commercial uses
and on the second and partial third floors. The third floor would be set back from the
abutting streets as to not be visible to the pedestrian. A subterranean parking garage
would contain all of the required residential parking, including guest parking, but a
parking exception is requested to allow the applicant to pay in lieu fees for the required
commercial parking. The applicant also proposes to subdivide "airspaces" within the
building such that the three commercial units and sixteen residential units would be
® separately owned condominiums with exterior spaces, including the courtyard and
parking garage, owned in common. This project also includes an affordable component
for two units at the moderate -income level. Mr. Prater recommended the City Council
5
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — JUNE 13, 2005
accept the recommendation of the Planning Commission; adopt the Mitigated Negative
Declaration; and, approve the Tract Map, Conditional Use Permit, Coastal Development
Permit, and Parking Exception for this project. -
Mayor Peters opened the hearing for public comment.
Craig Smith, Architect/Agent for the Applicant, reviewed the 24,656 square foot mixed -
use project with three commercial retail units on the ground floor and 16 residential units
on the second floor and partial third floor. He said the 19 residential and commercial
tenancies would be separately owned condominiums, with exterior spaces owned in
common.
Frank Devine stated the City's Zoning Ordinance states the purpose of the Central
Business (C-1) zone is to designate and promote the orderly development of the business
district as a central retail shopping facility for the primary market area. He said
residential uses include apartments only, when secondary to commercial uses on the rear
one half of the property or second story. Mr. DeVine stated this project is in violation of
the C-1 zoning law, and approval of this project would set precedence for all future
development in the C-1 zone.
® Ray McKelligott stated this is a good project but in the wrong location.. He said the
residential portion of this project should be incidental in a commercial zone. Mr.
McKelligott stated what the City needs is a good-sized commercial enterprise that will
attract people and benefit the local retail shops, restaurants and motels.
George Contento stated if this project is approved it would cause the downtown to be re-
zoned to residential. He said the C-1 zone allows for residential uses only when
secondary to commercial uses on the rear one-half of the property or second story. Mr.
Contento stated this project is lacking eleven parking spaces and the required open space.
He said if approved, it opens the market for residential uses on Morro Bay Boulevard.
Tom Neffer stated this project would be out of place for downtown Morro Bay.
Bonnie Lichtenstein requested the City Council not allow the cutting of trees in this. area.
Roger Ewing expressed concern with the removal of trees, the high density, and the in -
lieu parking fee paid by the applicant. He said he would like to see the whole ground
floor used as commercial space.
Roy Kline stated the Harbor View Project was denied because it didn't conform to the
General Plan's commercial to residential mix, and Coastal Commission requirements.
He said approval of this project might invalidate the denial of the Harbor View Project
and would set precedence for all future development in the C-1 zone. Mr. Kline stated
this project should be denied, as is, because it does not conform to the C-1 zoning
requirements.
0
® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — JUNE 13, 2005
Craig Smith, Architect/Agent for the Applicant, reviewed and answered questions
brought up by Public Comment.
Mayor Peters closed the public comment hearing.
Council discussed issues such as architectural design, trees, open space, zoning and in -
lieu parking fees.
MOTION: Councilmember Baxley moved the City Council accept the
recommendation of the Planning Commission; adopt the Mitigated
Negative Declaration; and, approve the Tract Map, Conditional Use
Permit, and Coastal Development Permit; and that a Parking Exception be
made requiring the eleven (11) parking spaces needed for commercial
development be accepted as parking in -lieu fees, and that prior to the
issuance of a building permit, the parking in -lieu fees shall be paid. The
motion was seconded by Councilmember Peirce and failed with
Councilmember DeMeritt, Councilmember Winholtz, and Mayor Peters
voting no. (2-3)
® MOTION: Mayor Peters moved the City Council as follows: 1) accept the
recommendation of the Planning Commission; 2) adopt the Mitigated
Negative Declaration; 3) approve the Tract Map, Conditional Use Permit,
and Coastal Development Permit; 4) that a Parking Exception be made
requiring the eleven (11) parking spaces needed for commercial
development be accepted as parking in -lieu fees, and that prior to the
issuance of a building permit, the parking in -lieu fees shall be paid; 5) that
two units shall be deed restricted for thirty (30) years at the moderate
income level; and, 6) that the two trees on site will be preserved. The
motion was seconded by Councilmember Baxley.
The City Council discussed the mixed -use issues of the project.
Councilmember. Baxley called the question.
VOTE: The motion carried with Councilmember DeMeritt and Councilmember
Winholtz voting no. (3-2)
Mayor Peters called for a break at 10:10 p.m.; the meeting resumed at 10:20 p.m.
7
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — JUNE 13, 2005
B-3 ORDINANCE NO. 509 EXTENDING AN URGENCY INTERIM ORDINANCE
PROHIBITING THE ESTABLISHMENT " OF MEDICAL MARIJUANA
DISPENSARIES; (CITY ATTORNEY)
City Attorney Robert Schultz stated the Police Chief requested an Urgency Interim
Ordinance prohibiting the establishment of medical marijuana dispensaries in Morro Bay.
He said if the City Council desires to prevent such an establishment, it should adopt
Interim Urgency Ordinance No. 509 which would extend the 45-day moratorium for an
additional 10 months and 15 days on the establishment of medical marijuana dispensaries
in the City of Morro Bay.
Mayor Peters opened the hearing for public comment.
Roger Ewing stated medical marijuana is used for pain and suffering, and he opposes this
ordinance because the Supreme Court has made its determination.
Frank DeVine stated medical marijuana does help people in pain
Phil Hill stated medical marijuana helped his father who had cancer.
® Tom Neffer stated he supports the medical use of marijuana because it is the
compassionate thing to do.
Mayor Peters closed the public comment hearing.
MOTION: Mayor Peters moved the City Council adopt Interim Urgency Ordinance
No. 509 which would extend the 45-day moratorium for an additional 10
months and 15 days on the establishment of medical marijuana
dispensaries in the City of Morro Bay. The motion was seconded by
Councilmember Baxley and failed with Councilmember DeMeritt and
Councilmember Winholtz voting no. (3-2)
This motion failed because it did not receive the required 4/5 vote.
C. UNFINISHED BUSINESS
C-1 REVIEW AND ADOPTION OF THE VISION 20/20 REPORT; (CITY
COUNCIL)
This item was continued to the June 27, 2005 City Council meeting.
13
MINUTES - MORRO BAY CITY COUNCIL
® REGULAR MEETING — JUNE 13, 2005
D. NEW BUSINESS
D-1 COUNCIL MEMBER REQUEST TO AGENDIZE THE REVIEW OF A
LETTER TO FISH & GAME REGARDING HUNTING IN THE BAY; (CITY
COUNCIL)
Councilmember Winholtz stated several months ago the City Council considered whether
to make comment to the California Department of Fish and Game regarding local
waterfowl hunting regulations on the estuary. At that time the Council declined to offer
comment, wanting evidence of support for a change in the regulations. Since that time,
Council has received ongoing public comment and information regarding local hunting.
The Fish and Game Commission is scheduled to meet on Friday, June 24 specifically to
receive waterfowl recommendations. At their following meeting on August 19'h, the
Commission is scheduled to meet in San Luis Obispo specifically to adopt waterfowl
regulations. Councilmember Winholtz stated this is the only window of opportunity for
Council to have any input this year, and recommended Council review the proposed letter
to the Department of Fish and Game regarding waterfowl hunting regulations on the
estuary.
® MOTION: Councilmember Baxley moved to send the revised letter to the Department
of Fish and Game regarding waterfowl hunting regulations on the estuary.
The motion was seconded by Councilmember DeMeritt and carried with
Councilmember Peirce voting no. (4-1)
D-2 RESOLUTION NO. 26-05 ADOPTING PROPOSED LAY-OFF POLICY;
(ADMINISTRATION)
City Manager Robert Hendrix stated the proposed City budget contains reductions in
permanent City positions. The elimination of these positions may result in displacement
or layoff of permanent City employees. Existing City policy is limited in its scope
leaving matters of seniority and access to previously held positions, open to
interpretation. The policy as proposed has been discussed with the employee
organizations and no further objections remain to its content. Mr. Hendrix recommended
the City Council adopt Resolution No. 26-05 adopting amendments and additions to the
City of Morro Bay Personnel Rules and Regulations and Rescinding Rules and
Regulations in conflict therewith.
MOTION: Councilmember Peirce moved the City Council adopt Resolution No. 26-
05 adopting amendments and additions to the City of Morro Bay
Personnel Rules and Regulations and Rescinding Rules and Regulations in
conflict therewith. The motion was seconded by Councilmember Baxley
® and carried unanimously. (5-0)
0
MINUTES - MORRO BAY CITY COUNCIL
® REGULAR MEETING — JUNE 13, 2005
D-3 ADOPTION OF REVISED FULL SECONDARY 9-1/2 YEAR TIMELINE
DATED MAY 19, 2005, AND SUBMITTAL OF THE REVISED TIMELINE
TO THE REGIONAL WATER QUALITY CONTROL BOARD; (PUBLIC
SERVICES)
Wastewater Treatment Plant Manager Bruce Keogh stated at the May 19, 2005 JPA
meeting, Carollo Engineers presented a revised timeline of 9-1/2 years for upgrading the
Wastewater Treatment Plant to either full secondary treatment or partial tertiary
treatment. Following Council and District Board discussion of the timeline, the Council
and District Board were prepared to adopt the 9-1/2 year timeline. However, due to an
administrative error in the preparation of the agenda for the May 19th meeting, the
language "and consideration to adopt' had been inadvertently omitted from the agenda
title. It was decided that the Council and District Board could not take action on this
item, and following a brief discussion, the Council and District Board agreed to adopt the
timeline at their next respective regular meetings. Following adoption of the timeline by
the two bodies, the timeline will be submitted to the Regional Water Quality Control
Board. Mr. Keogh recommended the City Council adopt the "Revised Full Secondary 9-
1/2 Year Timeline — dated May 19, 2005", and that the Council direct staff to submit the
Revised Timeline to the Regional Water Quality Control Board.
® MOTION: Councilmember Baxley moved the City Council adopt the "Revised Full
Secondary 9-1/2 Year Timeline — dated May 19, 2005", and .that the
Council direct staff to submit the Revised Timeline to the Regional Water
Quality Control Board. The motion was seconded by Councilmember
Peirce and carried unanimously. (5-0)
D-4 APPROVAL OF FISCAL YEAR 2005-2006 BUDGET FOR WASTEWATER
TREATMENT PLANT; (PUBLIC SERVICES)
This item was continued to the June 27, 2005 City Council meeting.
ADJOURNMENT
The meeting adjourned at 11:00 p.m.
Recorded by:
Bridgett Bauer
City Clerk
® City of Morro Bay
City Council Agenda
Mission Statement
The City of Morro Bay is dedicated to the preservation and enhancement of the quality
of life. The City shall be committed to this purpose and will provide a level of
municipal service and safety consistent with and responsive to the needs of the public.
SPECIAL MEETING — JUNE 9, 2005
VETERANS MEMORIAL HALL - 6:00 P.M.
209 SURF ST., MORRO BAY, CA
ESTABLISH QUORUM AND CALL TO ORDER
PLEDGE OF ALLEGIANCE
EXPLANATION OF AGENDA
PUBLIC COMMENT PERIOD - Members of the audience wishing to address the
Council on the City budget may do so at this time.
® To increase the effectiveness of the Public Comment Period, the following rules shall be
followed:
• When recognized by the Mayor, please come forward to the podium and state
your name and address for the record. Comments are to be limited to one minute.
• All remarks shall be addressed to Council, as a whole, and not to any
individual member thereof.
• The Council respectfully requests that you refrain from making slanderous,
profane or personal remarks against anyelectedofficial, commission and/or
staff.
• Please refrain from public displays or outbursts such as unsolicited applause,
comments or cheering.
• Any disruptive activities that substantially interfere with the ability of the City
Council to carry out its meeting will not be permitted and offenders will be
requested to leave the meeting.
• Your participation in City Council meetings is welcome and your courtesy
will be appreciated.
In compliance with the Americans with Disabilities Act, if you need special assistance to
participate in this meeting, please contact the City Clerk, (805) 712-6205. Notification 72
hours prior to the meeting will enable the City to make reasonable arrangements to ensure
® accessibility to this meeting.
® STAFF COMMENTS ON BUDGET INCLUDING ISSUES PREVIOUSLY IDENTIFIED
AND ANY NEW INFORMATION
COUNCIL QUESTIONS AND DISCUSSION
DIRECTION TO STAFF REGARDING COUNCIL PRIORITIES ON THE FOLLOWING
AND OTHER ISSUES THAT MAY ARISE:
• Fire Department Staffing
• Police Department Staffing
• Public Services Department Staffing
• Recreation & Parks Department Staffing
• Use of Profit from Sale of Flippo's
• Harbor Department Considerations (Parking Lot; Transfer of Staff Position)
• Promotion/Economic Development Structure
• AGP Contract
• Amount of Reserve to Maintain
® • Community Event Support or Cancellation (4th of July, Lighted
Boat Parade, Easter Egg Hunt, Christmas Tree Lighting, City Parade, Etc.)
ADJOURNMENT
Ll
2
2
City of Morro Bay
Morro Bay, CA 93442 • 805-772-6200
www.morro-bay.ca.us
NOTICE OF SPECIAL MEETING
NOTICE IS HEREBY GIVEN that the Morro Bay City Council will
be holding a Special Meeting on Thursday, June 9, 2005 at 6:00 P.M. to
be held in the Veterans' Memorial Building, 209 Surf Street, Morro Bay,
California. The City Council will be discussing the Fiscal Year 2005/2006
Budget.
IN COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT, IF
YOU NEED SPECIAL ASSISTANCE TO PARTICIPATE IN A CITY MEETING,
PLEASE CONTACT THE CITY CLERK'S OFFICE AT LEAST 24 HOURS
PRIOR TO THE MEETING TO INSURE THAT REASONABLE
ARRANGEMENTS CAN BE MADE TO PROVIDE ACCESSIBILITY TO THE
MEETING.
DATED: June 6, 2005
V. r
Im7mr g:.
FINANCE
595 Harbor Street
ADi\11NISTRATION
595 Harbor Street
FIRE DEPARTMENT
715 Harbor Street
PUBLIC SERVICES
955 Shasta Street
HARBOR DEPARTMENT
1275 Embarcadero Road
CITY ATTORNEY
955 Shasta Avenue
POLICE DEPARTMENT
850 Morro Bay Boulevard
RECREATION AND PARKS
1001 Kennedy Way
City of Morro Bay
Morro Bay, CA 93442 • 805-772-6200
www.morro-bay.ca.us
NOTICE OF SPECIAL MEETING
NOTICE IS HEREBY GIVEN that the Morro Bay City Council will
be holding a Special Meeting on Tuesday, June 7, 2005 at 6:00 p.m. to be
held in the Veterans' Memorial Building, 209 Surf Street, Morro Bay,
California.
The City Council will be considering the Planning Commission
® recommendation on the proposed update to the Zoning Ordinance, Zoning
Map and accompanying Negative Declaration.
r❑
IN COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT, IF
YOU NEED SPECIAL ASSISTANCE TO PARTICIPATE IN A CITY MEETING,
PLEASE CONTACT THE CITY CLERK'S OFFICE AT LEAST 24 HOURS
PRIOR TO THE MEETING TO INSURE THAT REASONABLE
ARRANGEMENTS CAN BE MADE TO PROVIDE ACCESSIBILITY TO THE
MEETING.
DATED: June 1, 2005
Bridgett B er, City Clerk
FINANCE
595 Harbor Street
ADMINISTRATION
595 Harbor Street
FIRE DEPARTMENT
715 Harbor Street
PUBLIC SERVICES
955 Shasta Street
HARBOR DEPARTMENT CITY ATTORNEY POLICE DEPARTMENT
1275 Ernbarcadero Road 955 Shasta Avenue 850 Morro Bay Boulevard
RECREATION AND PARKS
1001 Kennedy Way
® City of Morro Bay
City Council Agenda
Mission Statement
The City of Morro Bay is dedicated to the preservation and enhancement of the quality
of life. The City shall be committed to this purpose and will provide a level of
municipal service and safety consistent with and responsive to the needs of the public.
0 CS-1
REGULAR MEETING — MAY 23, 2005
CLOSED SESSION — MAY 23, 2005
CITY HALL CONFERENCE ROOM - 5:00 P.M.
595 HARBOR ST., MORRO BAY, CA
LABOR NEGOTIATOR. Conference with the City Manager, the City's
Designated Representative, for the purpose of reviewing the City's position
regarding salaries, salary schedules, or compensation paid in the form of fringe
benefits, and giving instruction to the Designated Representative.
IT IS NOTED THAT THE CONTENTS OF CLOSED SESSION MEETINGS
ARE CONFIDENTIAL AND EXEMPT FROM DISCLOSURE.
® PUBLIC SESSION — MAY 23, 2005
VETERANS MEMORIAL HALL - 6:00 P.M.
209 SURF ST., MORRO BAY, CA
ESTABLISH QUORUM AND CALL TO ORDER
MOMENT OF SILENCE
PLEDGE OF ALLEGIANCE
MAYOR AND COUNCILMEMBERS ANNOUNCEMENTS & PRESENTATIONS
CLOSED SESSION REPORT
PUBLIC COMMENT PERIOD - Members of the audience wishing to address the
Council on City business matters (other than Public Hearing items under Section B) may
do so at this time.
To increase the effectiveness of the Public Comment Period, the following rules shall be
followed:
• When recognized by the Mayor, please come forward to the podium and state
your name and address for the record. Comments are to be limited to three
minutes.
• All remarks shall be addressed to Council, as a whole, and not to any
individual member thereof.
® • The Council respectfully requests that you refrain from making slanderous,
profane or personal remarks against any elected official, commission and/or
staff.
• Please refrain from public displays or outbursts such as unsolicited applause,
comments or cheering.
• Any disruptive activities that substantially interfere with the ability of the City
Council to carry out its meeting will not be permitted and offenders will be
requested to leave the meeting.
• Your participation in City Council meetings is welcome and your courtesy
will be appreciated.
In compliance with the Americans with Disabilities Act, if you need special assistance to
participate in this meeting, please contact the City Clerk, (805) 772-6205. Notification 72
hours prior to the meeting will enable the City to make reasonable arrangements to ensure
accessibility to this meeting.
COUNCIL DECLARATION OF FUTURE AGENDA ITEMS
A. CONSENT CALENDAR
Unless an item is pulled for separate action by the City Council, the following actions are
approved without discussion.
® A-1 MINUTES FOR THE MAY 9, 2005 REGULAR MEETING, AND MARCH 30 AND
MAY 4, 2005 ZONING ORDINANCE WORKSHOPS; (ADMINISTRATION/
PUBLIC SERVICES)
RECOMMENDATION: Approve as submitted.
A-2 CASH & INVESTMENT REPORT FOR APRIL 2005; (FINANCE)
RECOMMENDATION: Receive report for information.
A-3 ORDINANCE NO. 507 TO AMEND THE LOCAL COASTAL PROGRAM
AND ZONING ORDINANCE (MBMC TITLE 17) RELATING TO THE
SECOND DWELLING UNIT/GUEST HOUSE PROVISIONS WITHIN THE
CITY LIMITS OF MORRO BAY -SECOND READING/ADOPTION; (PUBLIC
SERVICES)
RECOMMENDATION: Approve second reading and adoption of Ordinance No. 507.
A-4 AUTHORIZATION TO FILE NOTICE OF COMPLETION FOR THE ROCK
RESTROOM REPLACEMENT PROJECT; (PUBLIC SERVICES)
RECOMMENDATION: Accept the Project as completed by Thiessen
Construction, and authorize the filing of the Notice of Completion.
A-5 ACCEPTANCE OF LETTER OF RESIGNATION FROM PARKS &
RECREATION COMMISSIONER; (ADMINISTRATION)
RECOMMENDATION: Accept letter of resignation, and authorize the City
Clerk to advertise the vacancy on the Recreation & Parks Commission.
A-6 PROCLAMATION DECLARING JUNE 6 & 7, 2005 AS "SPECIAL
OLYMPICS — LAW ENFORCEMENT TORCH RUN DAYS';
(ADMINISTRATION) .
RECOMMENDATION: Adopt Proclamation.
B. PUBLIC HEARINGS. REPORTS & APPEARANCES
B-1 RESOLUTION NO. 23-05 APPROVING THE ENGINEERS REPORT AND
DECLARING THE CITY'S INTENTION TO LEVY THE ANNUAL
ASSESSMENT FOR THE MAINTENANCE OF THE CLOISTER'S PARK
AND OPEN SPACE; (RECREATION & PARKS)
RECOMMENDATION: Adopt Resolution No. 23-05.
]
N
® B-2 RESOLUTION NO. 24-05 APPROVING THE ENGINEERS REPORT AND
DECLARING THE CITY'S INTENTION TO LEVY THE ANNUAL
ASSESSMENT FOR THE MAINTENANCE OF NORTH POINT NATURAL
AREA; (RECREATION & PARKS)
RECOMMENDATION: Adopt Resolution No. 24-05.
B-3 RESOLUTION NO. 25-05 AMENDING THE MASTER FEE SCHEDULE FOR
KITCHEN USE FEES AND APPROVING THE KITCHEN USE POLICY
CHANGES; (RECREATION & PARKS)
RECOMMENDATION: Adopt Resolution No. 25-05.
C. UNFINISHED BUSINESS
C-1 CONSIDERATION OF DIRECTIONAL SIGNAGE PROGRAM; (PUBLIC
SERVICES)
RECOMMENDATION: Discuss and direct staff accordingly.
D. NEW BUSINESS
D-1 AUDIT REPORT FOR FISCAL YEAR 2003-2004; (FINANCE)
® RECOMMENDATION: Receive report from Auditor, and accept the Fiscal
Year 2003-2004 Financial Audit Report.
D-2 REVIEW OF THE CITY PRIVATE TREE ORDINANCE; (PUBLIC
SERVICES)
RECOMMENDATION: Discuss and direct staff accordingly.
D-3 DISCUSSION ON SCHEDULING AN ADDITIONAL BUDGET WORKSHOP;
(ADMINISTRATION)
RECOMMENDATION: Discuss and direct staff accordingly.
DA REVIEW OF COUNCIL DECISION TO SELL OLD TROLLEY; (CITY
COUNCIL)
RECOMMENDATION: Discuss and direct staff accordingly.
E. ADJOURNMENT
4
® THIS AGENDA IS SUBJECT TO AMENDMENT UP TO 72 HOURS PRIOR TO
THE DATE AND TIME SET FOR THE MEETING. PLEASE REFER TO THE
AGENDA POSTED AT CITY HALL FOR ANY REVISIONS OR CALL THE
CLERK'S OFFICE AT 772-6200 FOR FURTHER INFORMATION.
C
COPIES OF STAFF REPORTS OR OTHER PUBLIC DOCUMENTATION
RELATING TO EACH ITEM OF BUSINESS REFERRED TO ON THIS
AGENDA ARE ON FILE IN THE OFFICE OF THE CITY CLERK AND
AVAILABLE FOR PUBLIC INSPECTION AND REPRODUCTION AT COST AT
CITY HALL, LIBRARY, AND MILLS STATIONERY.
IN COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT, IF
YOU NEED SPECIAL ASSISTANCE TO PARTICIPATE IN A CITY MEETING,
PLEASE CONTACT THE CITY CLERK'S OFFICE AT LEAST 24 HOURS
PRIOR TO THE MEETING TO INSURE THAT REASONABLE
ARRANGEMENTS CAN BE MADE TO PROVIDE ACCESSIBILITY TO THE
MEETING.
5
MINUTES - MORRO BAY CITY COUNCIL
® CLOSED SESSION — MAY 23, 2005
CITY HALL CONFERENCE ROOM - 5:00 P.M.
Mayor Peters called the meeting to order at 5:00 p.m.
PRESENT:, Janice Peters
Mayor
Thad Baxley
Councilmember
Melody DeMeritt
Councilmember
William Peirce
Councilmember
Betty Winholtz
Councilmember
STAFF: Robert Hendrix
City Manager
Robert Schultz
City Attorney
C
CLOSED SESSION
MOTION: Councilmember Peirce moved the meeting be adjourned to Closed
Session. The motion was seconded by Councilmember Baxley and
unanimously carried. (5-0)
Mayor Peters read the Closed Session Statement.
CS-1
LABOR NEGOTIATOR. Conference with the City Manager, the City's
Designated Representative, for the purpose of reviewing the City's position
regarding salaries, salary schedules, or compensation paid in the form of fringe
benefits, and giving instruction to the Designated Representative.
The meeting adjourned to Closed Session at 5:00 p.m. and returned to regular session at
5:30 p.m.
MOTION: Councilmember Winholtz moved the meeting be adjourned. The motion
was seconded by Councilmember DeMeritt and unanimously carried. (5-0)
The meeting adjourned at 5:30 p.m.
MINUTES - MORRO BAY CITY COUNCIL
® REGULAR MEETING — MAY 23, 2005
VETERANS MEMORIAL HALL - 6:00 P.M.
Mayor Peters called the meeting to order at 6:00 p.m.
PRESENT: Janice Peters Mayor
Thad Baxley
Melody DeMeritt
William Peirce
Betty Winholtz
STAFF: Robert Hendrix
Robert Schultz
Bridgett Bauer
Rick Algert
Bruce Ambo
Bill Boucher
Frank Cunningham
John DeRohan
Mike Pond
Mike Prater
Jim Koser
Andrea Lueker
ESTABLISH QUORUM AND CALL TO ORDER
MOMENT OF SILENCE
PLEDGE OF ALLEGIANCE
MAYOR'S REPORTS & ANNOUNCEMENTS
Councilmember
Councilmember
Councilmember
Councilmember
City Manager
City Attorney
City Clerk
Harbor Director
Public Services Director
Capital ,Projects Manager
City Engineer
Police Chief
Fire Chief
Associate Planner
Finance Director
Recreation & Parks Director
CLOSED SESSION REPORT - City Attorney Robert Schultz reported the City Council
met in Closed Session, and no reportable action under the Brown Act was taken.
PUBLIC COMMENT
Susan Heinemann expressed support for Item C-I (Consideration Of Directional Signage
Program), and stated updating the signage is a positive move since the present directional
signs are not tourist -friendly.
Keith Taylor, Friends of the Fire Department, requested the City Council consider a
benefit assessment district to help find the Fire Department. He also requested Council
approve the latest deal with Duke Energy because it is as good as it is going to get.
11
MINUTES - MORRO BAY CITY COUNCIL
® REGULAR MEETING — MAY 23, 2005
Bob Tefft shared information from the 2002 United States Economic Census showing
retail sales tax in San Luis Obispo and Santa Barbara Counties, and the transient
occupancy tax trend in the State of California. He requested the City Council consider
the importance of developing areas to benefit the economic future of the City.
Heather Salyer -Frith addressed lay-offs and removal of programs in the City, and
requested the Council consider the entire community when reviewing the budget.
David Weisman reviewed the economic differences between hunters and those who come
to the City to enjoy watching the wildlife, and noted tourists who come to enjoy the
wildlife spend more money while visiting the City.
Mandy Davis read a letter that referenced the change of regulations in regards to hunting
in the back bay.
Phil Hill stated his family is visiting and will be spending money in Mono Bay; his
nephews however will not kayak while hunting is going on in the back bay.
Frank DeVine apologized for a statement he made that was inaccurate.
® Ken Vesterfelt reported on police and fire activity in a 48-hour period. He also stated Mt.
View School will be moving into the Mono Elementary School site.
Jamie Irons requested Council use caution when considering budget cuts, especially when
considering the police and fire services budgets.
Dannie Tope requested Council maintain police and fire services in their budget review.
David Nelson stated Duke Energy is misinforming the City, and noted the power plant is.
a doomed plant.
John Lauffer addressed the City's budget review. He said large across the board cuts
penalize departments and their needed employees and programs.
John Barta addressed Item A-3 (Ordinance No. 507 to Amend the Local Coastal Program
and Zoning Ordinance (MBMC Title 17) Relating to the Second Dwelling Unit/Guest
House Provisions Within the City Limits of Mono Bay -Second Reading/Adoption), and
requested the City Council reconsider this matter.
Roy Kline requested the City Council continue to hold public review and debate on
mixed -use projects. He requested Council not change the proposal and quorum on
® Ordinance No. 507 (Secondary Units to Residential Homes) stating granny units will not
preserve the neighborhoods or quality of life, especially in North Mono Bay. Mr. Kline
referred to the project proposed for 600 Mono Bay Boulevard, and stated the commercial
MINUTES - MORRO BAY CITY COUNCIL
® REGULAR MEETING — MAY 23, 2005
percentage and residential mix should be reconsidered. He said he supports a 'tax
increase to help maintain and fund the City's Fire and Police Departments. Mr. Kline
stated the Planning Commission did a great job on the review of the project located at
555 Main Street.
Lynda Merrill referred to Item A-3 and expressed support for secondary units to serve
families who want to care for their loved ones. She stated she supports staff
recommendations for Item B-3 (Resolution No. 25-05 Amending the Master Fee
Schedule for Kitchen Use Fees and Approving the Kitchen Use Policy Changes). Ms.
Merrill also referred to Item C-I and stated there is no time to deal with signage at this
time.
Joey Racano stated the community should be concerned with the City Council's
leadership relating to the City's water quality. He also said he believes hunting is not
compatible with the eco-tourism that Morro Bay has to offer.
Came Filler stated Duke Energy was most -interested in negotiating with the City when
money was flowing; she said the City should be future thinking and not coerced into
agreeing to something that does not benefit the City. She also said her family was
enjoying the bay on Christmas Day until they heard gunfire from hunting in the back bay.
® Mayor Peters closed the hearing for public comment.
Mayor Peters called for a break at 7:05 p.m.; the meeting resumed at 7:20 p.m.
DECLARATION OF FUTURE AGENDA ITEMS
Councilmember Winholtz requested to agendize the review of a letter to Fish & Game
regarding hunting in the bay; Councilmember DeMeritt concurred.
A. CONSENT CALENDAR
Unless an item is pulled for separate action by the City Council, the following actions are
approved without discussion.
A-1 MINUTES FOR THE MAY 9, 2005 REGULAR MEETING, AND MARCH 30 AND
MAY 4, 2005 ZONING ORDINANCE WORKSHOPS; (ADMINISTRATION/
PUBLIC SERVICES)
RECOMMENDATION: Approve as submitted.
A-2 CASH & INVESTMENT REPORT FOR APRIL 2005; (FINANCE)
® RECOMMENDATION: Receive report for information.
4
MINUTES - MORRO BAY CITY COUNCIL
® REGULAR MEETING — MAY 23, 2005
A-3 ORDINANCE NO. 507 TO AMEND THE LOCAL COASTAL PROGRAM
AND ZONING ORDINANCE (MBMC TITLE 17) RELATING TO THE
SECOND DWELLING UNIT/GUEST HOUSE PROVISIONS WITHIN THE
CITY LIMITS OF MORRO BAY -SECOND READING/ADOPTION; (PUBLIC
SERVICES)
RECOMMENDATION: Approve second reading and adoption of Ordinance No. 507.
A4 AUTHORIZATION TO FILE NOTICE OF COMPLETION FOR THE ROCK
RESTROOM REPLACEMENT PROJECT; (PUBLIC SERVICES)
RECOMMENDATION: Accept the Project as completed by Thiessen
Construction, and authorize the filing of the Notice of Completion.
A-5 ACCEPTANCE OF LETTER OF RESIGNATION FROM PARKS &
RECREATION COMMISSIONER; (ADMINISTRATION)
RECOMMENDATION: Accept letter of resignation, and authorize the City
Clerk to advertise the vacancy on the Recreation & Parks Commission.
® A-6 PROCLAMATION DECLARING JUNE 6 & 7, 2005 AS "SPECIAL
OLYMPICS — LAW ENFORCEMENT TORCH RUN DAYS";
(ADMINISTRATION)
RECOMMENDATION: Adopt Proclamation.
Councilmember Peirce pulled Item A-3 from the Consent Calendar; Councilmember
DeMeritt pulled Item A-5.
MOTION: Councilmember Winholtz moved the City Council approve the Consent
Calendar with the exception of Items A-3 and A-5. The motion was
seconded by Councilmember Peirce and carried unanimously. (5-0)
A-3 ORDINANCE NO. 507 TO AMEND THE LOCAL COASTAL PROGRAM AND
ZONING ORDINANCE (MBMC TITLE 17) RELATING TO THE SECOND
DWELLING UNIT/GUEST HOUSE PROVISIONS WITHIN THE CITY LIMITS
OF MORRO BAY -SECOND READING/ADOPTION; (PUBLIC SERVICES)
Councilmember Peirce pulled this item to express concern with Section F (No Parking in the
Right -of -Way).
Councilmember Baxley recommended adding the language from Section C to Section I for
Is
consistency; Council concurred.
5
MINUTES - MORRO BAY CITY COUNCIL
® REGULAR MEETING — MAY 23, 2005
MOTION: Councilmember Baxley moved the City Council approve Item A-3 of the
Consent Calendar as amended. The motion was seconded by
Councilmember DeMeritt and carried with Councilmember Peirce voting
no. (4-1)
A-5 ACCEPTANCE OF LETTER OF RESIGNATION FROM PARKS &
RECREATION COMMISSIONER; (ADMINISTRATION)
Councilmember DeMeritt pulled this item for public recognition of Angela Ludy and her
role as Recreation & Parks Commission Chairperson.
MOTION: Councilmember DeMeritt moved the City Council approve Item A-5 of
the Consent Calendar. The motion was seconded by Councilmember
Winholtz and carved unanimously. (5-0)
B. PUBLIC HEARINGS. REPORTS & APPEARANCES
B-1 RESOLUTION NO. 23-05 APPROVING THE ENGINEERS REPORT AND
DECLARING THE CITY'S INTENTION TO LEVY THE ANNUAL
ASSESSMENT FOR THE MAINTENANCE OF THE CLOISTER'S PARK
® AND OPEN SPACE; (RECREATION & PARKS)
Recreation & Parks Director Andrea Lueker stated on April 25, 2005, the City Council
adopted Resolution No. 15-05, which initiated the proceedings to levy the annual
assessment to fund the maintenance of the Cloisters Park and Open Space. Staff was also
directed to have an Engineer's Report prepared detailing the estimated annual assessment
for the parcel owners for fiscal year 2005/06. As part of the annual assessment process,
staff is required to provide an Engineer's Report, which is an estimate of costs for
maintenance of the Cloisters Park and Open Space. The costs estimates are based on the
maintenance standards currently adhered to in the existing parks within Morro Bay and
included in the Flat Rate Manual for Parks Maintenance as well as maintenance costs
incurred to date. From July 1, 2004 through April 30, 2005 approximately $129,000 has
been spent for maintenance. Ms. Lueker recommended the City Council adopt
Resolution No. 23-05, which is the next and final step in the annual levy of assessment
process, and is the protest hearing/public hearing after which the City Council actually
orders the levy of assessment.
Mayor Peters opened the hearing for public comment.
John Lauffer requested the City Council not vote in support of this assessment district, or.
hold off for a month until significant questions are answered. (Mr. Lauffer submitted
these questions to the City Attorney).
® Mayor Peters closed the public comment hearing.
C.
MINUTES - MORRO BAY CITY COUNCIL
® REGULAR MEETING — MAY 23, 2005
MOTION: Councilmember Winholtz moved the City Council adopt Resolution No.
23-05 approving the Engineers Report and declaring the City's intention to
levy the annual assessment for the maintenance of the Cloister's Park and
Open Space. The motion was seconded by Councilmember DeMeritt and
carried unanimously. (5-0)
B-2 RESOLUTION NO. 24-05 APPROVING THE ENGINEERS REPORT AND
DECLARING THE CITY'S INTENTION TO LEVY THE ANNUAL
ASSESSMENT FOR THE MAINTENANCE OF NORTH POINT NATURAL
AREA; (RECREATION & PARKS)
Recreation & Parks Director Andrea Lueker stated on April 25, 2005, the City Council
adopted Resolution No. 16-05, which initiated the proceedings to levy the annual
assessment to fund the maintenance of the North Point Natural Area. Staff was also
directed to have an Engineer's Report prepared detailing the estimated annual assessment
for the parcel owners for fiscal year 2005/06. As part of the annual assessment process,
staff is required to provide an Engineer's Report, which is an estimate of costs for
maintenance of the North Point Natural Area. The cost estimates, are based on the
maintenance standards currently adhered to in the existing parks within Morro Bay and
included in the Flat Rate Manual for Parks Maintenance, as well as maintenance costs
® from the current fiscal year. The estimate for the maintenance of the North Point Natural
Area is $5,645, or $564.50 per parcel for fiscal year 2005/06. Ms. Lueker recommended
the City Council adopt Resolution No. 24-05, which is the next and final step in the
annual levy of assessment process, and is the protest hearing/public hearing after which
the City Council actually orders the levy of assessment.
Mayor Peters opened the hearing for public comment; there being no comments, Mayor
Peters closed the public comment hearing.
MOTION: Councilmember Baxley moved the City Council adopt Resolution No. 24-
05 approving the Engineers Report and declaring the City's intention to
levy the annual assessment for the maintenance of North Point Natural
Area. The motion was seconded by Councilmember Winholtz and carved
unanimously. (5-0)
B-3 RESOLUTION NO. 25-05 AMENDING THE MASTER FEE SC14EDULE FOR
KITCHEN USE FEES AND APPROVING THE KITCHEN USE POLICY
CHANGES; (RECREATION & PARKS)
Recreation & Parks Director Andrea Lueker stated currently the kitchen use fee is based
on a per -use fee. The per -use fee allows an applicant to reserve the kitchen all day for
one low fee. The potential revenue from a large one -day event ranges from $40041,000
® while the revenue from a single kitchen rental is $22.50. The proposed kitchen fee
amendment will increase the revenue generated by use of the kitchen while still keeping
it available and affordable for the existing catering uses. Ms. Lueker recommended the
7
MINUTES - MORRO BAY CITY COUNCIL
® REGULAR MEETING — MAY 23, 2005
City Council adopt Resolution No. 25-05 which approves the kitchen use policy changes
and amends the Master Fee Schedule for kitchen use fees for the Morro Bay Community
Center and Veterans' Memorial Building.
Mayor Peters opened the hearing for public comment; there being no comments, Mayor
Peters closed the public comment hearing.
MOTION: Councilmember Baxley moved the City Council adopt Resolution No. 25-05
approving the kitchen use policy changes and amending the Master Fee
Schedule for kitchen use fees for the Morro Bay Community Center and
Veterans' Memorial Building. The motion was seconded by
Councilmember DeMeritt and carried unanimously. (5-0)
C. UNFINISHED BUSINESS
C-1 CONSIDERATION OF DIRECTIONAL SIGNAGE PROGRAM; (PUBLIC
SERVICES)
Public Services Director Bruce Ambo stated on October 25, 2004, the City Council
authorized staff to begin development of a directional signage program. Business
® owners, residents and tourists alike have indicated that signage was underutilized,
confusing and ineffective, especially to the unfamiliar traveler. The purpose of the
directional signage program is to facilitate circulation around town by providing clear
directions to various points of interest and attractions throughout the community.
Funding for the directional signage program is from past Community Development Block
Grant program income activities. These funds are generally intended to eliminate blight
and stimulate economic development. Since full implementation of the entire signage
program could easily cost over $200,000, staff has requested funding for the "Gateway"
or freeway signage from CalTrans, and anticipates applying to the State Coastal
Conservancy for "interpretive" signage when the Waterfront Boardwalk project is under
construction. Mr. Ambo recommended the City Council: 1) consider and approve the
directional signage program statement; 2) select a signage design theme; 3) determine a
program of directional signage installations; 4) authorize staff to develop shop drawings
for the sign and solicit requests for proposals for fabrication and installation of the signs
and/or 5) provide further direction to staff.
Terri Dunivant, Gaia Graphics, presented a variety of proposed directional signs.
Council discussed preferred signs and locations where signs are needed.
2
8
MINUTES - MORRO BAY CITY COUNCIL
® REGULAR MEETING — MAY 23, 2005
MOTION: Councilmember DeMeritt moved the City Council: 1) approve the
Directional Signage Program statement, principles, and the hierarchy of
signage; 2) selected a signage design theme; 3) authorize staff to develop
shop drawings and solicit requests for proposals for fabrication and
installation of two entry signs and two directional signs; and 4) costs are
not to exceed the Community Development Block Grant funding source.
The motion was seconded by Councilmember Peirce and carried
unanimously. (5-0)
D. NEW BUSINESS
D-1 AUDIT REPORT FOR FISCAL YEAR 2003-2004; (FINANCE)
Finance Director Jim Koser stated each year the City is required to obtain the opinion of
an independent Certified Public Accountant as to the accuracy of the financial statements
prepared by City management. The firm of Butcher, Chambers, Cook and Pressley of
Grover Beach, California prepared the fiscal year 2003-2004 financial audit report. This
report represents the official statement of the financial condition of the City for the year
® ended June 30, 2004. Mr. Koser recommended the City Council receive a verbal report
for auditor Steve Pressley, and accept the fiscal year 2003-2004 financial audit report.
Steve Pressley, Butcher, Chambers, Cook and Pressley, reviewed the audit report for
fiscal year 2003-2004.
MOTION: Councilmember Peirce moved the City Council accept the fiscal year
2003-2004 financial audit report. The motion was seconded by
Councilmember Winholtz and carried unanimously. (5-0)
D-2 REVIEW OF THE CITY PRIVATE TREE ORDINANCE; (PUBLIC
SERVICES)
Councilmember Winholtz stated the State Fish & Game identifies nesting season and
protects active raptors' nests. To be consistent with our chosen designation as a Bird
Sanctuary and as an agency of the State of California, the City of Morro Bay wants to
follow and enforce State law and assist its residents in following State law and honoring
what it professes to be, a Bird Sanctuary. Councilmember Winholtz recommended a
section be added to the City's tree ordinance that states residents who anticipate cutting a
tree(s) on private property must notify the appropriate City office in advance with written
information from their arborist as to whether or not there is a nest and whether it is active.
If there is a nest, City staff will instruct the owner as to what is required of them. If such
® information is not given and the tree is cut, a fine is levied against the property owner. In
addition, if there was an active nest, then State law is enforced as to consequences.
MINUTES - MORRO BAY CITY COUNCIL
® REGULAR MEETING — MAY 23, 2005
Councilmember Winholtz also recommended all known arborists and tree cutters who
work in the City are notified in writing as to this policy upon it becoming effective, and
that residents be notified in writing as well through the water bill or other effective
means.
The City Council agreed to pursue an educational program with assistance from volunteers,
and place a notice on water bills notifying residents of nesting season prior to the season.
No further action was taken.
D-3 DISCUSSION ON SCHEDULING AN ADDITIONAL BUDGET WORKSHOP;
(ADMINISTRATION)
No action was taken on this item.
D-4 REVIEW OF COUNCIL DECISION TO SELL OLD TROLLEY; (CITY
COUNCIL)
Councilmember Peirce requested this item be placed on the agenda during Future Agenda
Items on May 9, 2005. He said he would like to reconsider bringing the old trolley back
® because the two present trolleys are not reliable.
Councilmember Baxley suggested keeping the old trolley for one year and then decide
what to do with it.
Councilmember DeMeritt suggested keeping the old trolley as a back up, and challenge
the marketing aspect.
MOTION: Councilmember Peirce moved the City Council defer selling the trolley;
direct staff to promote this trolley; and, re-evaluate its progress in one
year. The motion was seconded by Councilmember Baxley and carried
unanimously. (5-0)
ADJOURNMENT
The meeting adjourned at 9:43 p.m.
Recorded by:
Bridgett Bauer
® City Clerk
10
NOTICE OF SPECIAL MEETING
® NOTICE IS HEREBY GIVEN that the Morro Bay City Council will be
holding a Special Meeting on Thursday. May 19, 2005 at 5:00 p.m. to be held in the
Community Center Multi Purpose Room, 1001 Kennedy Way, Morro Bay, California. The
City Council will be previewing the agenda for the Morro Bay/Cayucos Sanitary District
Joint Powers Authority meeting as follows:
A. CONSENT CALENDAR
1. Minutes of April 6, 2005— Recommend approve.
2. Wastewater Treatment Plant (WWTP) Operations Report through March 2005
(Keogh)— Recommend: receive and file.
3. Financial Status Report as of March 31, 2005 (Koser) — Recommend: receive and
file.
B. UNFINISHED BUSINESS
1. Presentation of Independent Auditor's Report and Financial Statements For Fiscal
Years Ended June 30, 2001, 2002, and 2003. (Bob Crosby, CPA of Crosby &
Cindrich)
2. Plan of Action For Addressing FY 03 — 04 Financial Audit, FY 04 — 05 And
Beyond (Koser)
3. Discussion, Review, and Consideration to Adopt the Revised Draft Time
Schedule for WWTP Process Upgrades (Carollo Engineers /Keogh)
® C. NEW BUSINESS
1. Invoice for Third Quarter FY 2004 — 2005 (Koser) — Recommend approve.
2. Consideration of a 1-year Lease Agreement with Hanson Aggregates for the
Lease site 150 Extension Area - (Algert)
3. Consideration to Renew Lease Agreement Between the City and District for Two
Storage Areas Adjacent to the City's Maintenance Yard (Parcels 1 and 2).
4. Proposed WWTP Budget for FY 2005-2006 (Koser)
5. Schedule Next Joint Meeting and Agenda Items
The City Council will adjourn to the Morro Bay/Cayucos Sanitary District Joint Powers
Authority meeting that will begin at 7:00 p.m., and will be held in the Community Center
Multi Purpose Room, 1001 Kennedy Way, Morro Bay, CA.
IN COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT, IF YOU NEED
SPECIAL ASSISTANCE TO PARTICIPATE IN A CITY MEETING, PLEASE CONTACT THE
CITY CLERK'S OFFICE AT LEAST 24 HOURS PRIOR TO THE MEETING TO INSURE THAT
REASONABLE ARRANGEMENTS CAN BE MADE TO PROVIDE ACCESSIBILITY TO THE
MEETING.
DATED: May 11, 2005
® F�Y+a.� Mt L\1J awt ,,_
Bridgett BaUtr, City Clerk
El
City of Morro Bay
Morro Bay, CA 93442 • 805-772-6200
wmv. morro-bay.ca. us
NOTICE OF SPECIAL MEETING
NOTICE IS HEREBY GIVEN that the Morro Bay City Council will
be holding a Special Budget Workshop on Monday, May 16, 2005 at 6:00
p.m. to be held in the Community Center —Multi —Pufpese—Reem, 1�
Yo^ edy Way Veterans' Memorial Building, 209 Surf Street, Morro Bay,
California. The City Council will be discussing the Fiscal Year 2005/2006
Budget.
IN COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT, IF
YOU NEED SPECIAL ASSISTANCE TO PARTICIPATE IN A CITY MEETING,
PLEASE CONTACT THE CITY CLERK'S OFFICE AT LEAST 24 HOURS
PRIOR TO THE MEETING TO INSURE THAT REASONABLE
ARRANGEMENTS CAN BE MADE TO PROVIDE ACCESSIBILITY TO THE
MEETING.
'DATED: May 11, 2005
Bridgett 4uer, City Clerk
FINANCE
595 Harbor Street
ADMINISTRATION
595 Harbor Street
FIRE DEPARTMENT
715 Harbor Sweet
PUBLIC SERVICES
955 Shasta Street
HARBOR DEPARTMENT CITY ATTORNEY POLICE DEPARTMENT
1275 Embarcadero Road 955 Shasta Avenue 850 Morro Bay Boulevard
RECREATION AND PARKS
1001 Kennedy way
® MINUTES - MORRO BAY CITY COUNCIL
SPECIAL BUDGET MEETING — MAY 16. 2005
CITY HALL CONFERENCE ROOM - 5:00 P.M.
Mayor Peters called the meeting to order at 6:15 p.m.
PRESENT: Janice Peters Mayor
Thad Baxley
Councilmember
Melody DeMeritt
Councilmember
William Peirce
Councilmember
Betty Winholtz
Councilmember
STAFF: Robert Hendrix
City Manager
Robert Schultz
City Attorney
Bridgett Bauer
City Clerk
Finance Director Jim Koser reviewed the status of the fiscal year 2004/2005 budgets, and
made recommendations for the fiscal year 2005/2007 budgets.
PUBLIC COMMENT
® The following people expressed concern with the lay-off of Public Safety Employees:
Rick Catlett, Mary Sponhaltz, Ron Burkhardt, Robert Root, Al Sengstock, Doug Hamp,
Bill Olson, Joey Racano, Marla Buton, Richard Sodowski, Christine Linhares, Lanny
McKay, Susan Ayres, Rick & Claire Grantham, Stan House, Jeff Jones, Ken Vesterfelt,
Suzie Correa, Julie Burns, Nathan Ditmore, Janice House, Graham Paske, Keith Taylor,
Rodger Anderson, Bryan Millard, Marc Godfrey, John Weiss, Mannie Silva, Mark
Martin, Dave Elliott, Chuck Rose, Dan Reddell, Troy Leage, Fayla Chapman, Doug .
Riddell, Ariane Leiter, Alex Finley, and Ted Miranda.
John Barta addressed the appointment of a new Planning Commission and noted the City
could save money by reigning in this Commission.
Mickey Sheehan requested the City Council maintain the juvenile programs.
Dan Glessman stated the City's department heads are. obtaining a 20% reduction in their
budgets by cutting field personnel and supplies. He also stated that the seven highest
paid employees are requesting a 9% wage increase
Lynda Merrill stated she supports the City Manager's recommendation to balance the
budget.
C��
0
® John Lomison requested the City Council consider creating revenue, and do not think
only of employee cuts.
Ray Knox requested the City Council consider cutting other areas in the budget without
eliminating positions.
Ray McKelligott stated he supports the City Manager's recommendation to balance the
budget.
Dave Phillips stated millions of dollars are invested in the City's infrastructure that needs
to be maintained.
Mayor Peters closed the public comment hearing.
Mayor Peters called for a break at 7:10 p.m.; the meeting resumed at 7:25 p.m.
After discussing the various alternatives of achieving a balanced budget, the City Council
gave staff the following direction:
1. Requests that staff consider a change in the level of City Reserves established by
policy, and report back to the City Council on June 9, 2005. Proceeds of any
reserve reduction to be applied to the budget.
® 2. Directed staff to apply the excess proceeds from sale of real property to the
budget.
11
3. Directed staff to request the employee groups with contracts to reopen them for
the purpose of eliminating agreed COLA's. Savings generated would be applied
to budgets appropriate for the participating bargaining unit.
4. The Embarcadero parking lot was purchased with General Fund monies. Rental
of the lot to either Harbor or the Parking In -Lieu Fund would he consistent with
the principle of placing the expense where the benefit is achieved. $80,000
annually has been suggested but not confirmed as an appropriate amount.
Determine the program impact of any charges on the Harbor fund.
5. Develop an analysis and parking proposal that describes areas to be paid parking,
the method and amount of payment, projected gross revenue, . costs of
implementation, administrative costs, and costs of enforcement.
6. The City Council asked that parking be an enforcement priority. Acknowledging
the difficulties imposed by personnel reductions, the City Council asked that the
Department examine the idea of using Community Volunteers to assist in the
parking enforcement effort.
N
Is reduce
The City Council directed staff to recast the Community Promotions budget to
reduce funding for advertising by 50%. Funding for operational costs of the
Visitors Center, and costs related to the Promotion website are to be preserved.
8. The City Council asked that staff move ahead with the analysis and related
actions needed for formation of a Benefit Assessment District for fire services.
Determining an assessment for the current three -person crew service level and for
an augmented four -person, two station service level.
9. The City Council requested that staff bring back a proposal at the June 9, 2005
budget meeting, for increasing the budget of the Fire Department and the Police
Department based on any savings achieved by implementing the other City
Council proposals identified in the May 16, 2005 budget workshop.
Adjournment
The meeting adjourned at 10:08 p.m.
Recorded by:
® Bridgett Bauer
City Clerk
3
® City of Morro Bay
City Council Agenda
Mission Statement
The City of Morro Bay is dedicated to the preservation and enhancement of the quality
of life. The City shall be committed to this purpose and will provide a level of
municipal service and safety consistent with and responsive to the needs of the public.
REGULAR MEETING — MAY 9, 2005
CLOSED SESSION — MAY 9, 2005
CITY HALL CONFERENCE ROOM - 5:00 P.M.
595 HARBOR ST., MORRO BAY, CA
CS-1 GOVERNMENT CODE SECTION 54957.6; CONFERENCE WITH
.® LABOR NEGOTIATOR. Conference with the City Manager, the City's
Designated Representative, for the purpose of reviewing the City's position
regarding salaries, salary schedules, or compensation paid in the form of fringe
benefits, and giving instruction to the Designated Representative.
CS-2 GOVERNMENT CODE SECTION 54956.9(a): CONFERENCE WITH
LEGAL COUNSEL REGARDING PENDING LITIGATION.
• In Re Morro Bay Power Plant Project, 00-AFC-12
CS-3 GOVERNMENT CODE SECTION 54956.8; REAL 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.
• Property: Lease Site: Outfall
Negotiating Parties: City and Duke Energy
Negotiations: Lease Terms and Conditions
IT IS NOTED THAT THE CONTENTS OF CLOSED SESSION MEETINGS
ARE CONFIDENTIAL AND EXEMPT FROM DISCLOSURE.
11
PUBLIC SESSION — MAY 9, 2005
VETERANS MEMORIAL HALL - 6:00 P.M.
209 SURF ST., MORRO BAY, CA
ESTABLISH QUORUM AND CALL TO ORDER
MOMENT OF SILENCE
PLEDGE OF ALLEGIANCE
MAYOR AND COUNCILMEMBERS ANNOUNCEMENTS & PRESENTATIONS
CLOSED SESSION REPORT
PUBLIC COMMENT PERIOD - Members of the audience wishing to address the
Council on City business matters (other than Public Hearing items under Section B) may
do so at this time.
To increase the effectiveness of the Public Comment Period, the following rules shall be
followed:
• When recognized by the Mayor, please come forward to the podium and state
your name and address for the record. Comments are to be limited to three
minutes.
• All remarks shall be addressed to Council, as a whole, and not to any
individual member thereof.
® • The Council respectfully requests that you refrain from making slanderous,
profane or personal remarks against any elected official, commission and/or
staff.
• Please refrain from public displays or outbursts such as unsolicited applause,
comments or cheering.
• Any disruptive activities that substantially interfere with the ability of the City
Council to carry out its meeting will not be permitted and offenders will be
requested to leave the meeting.
• Your participation in City Council meetings is welcome and your courtesy
will be appreciated.
In compliance with the Americans with Disabilities Act, if you need special assistance to
participate in this meeting, please contact the City Clerk, (805) 772-6205. Notification 72
hours prior to the meeting will enable the City to make reasonable arrangements to ensure
accessibility to this meeting.
COUNCIL DECLARATION OF FUTURE AGENDA ITEMS
A. CONSENT CALENDAR
Unless an item is pulled for separate action by the City Council, the following actions are
approved without discussion.
2
® A-1 MINUTES FOR THE APRIL 25, 2005 REGULAR MEETING;
(ADMINISTRATION)
RECOMMENDATION: Approve as submitted.
A-2 RESOLUTION NO. 22-05 COMMENDING AND HONORING PERSONNEL
OFFICERIRISK MANAGER ARDITH DAVIS ON HER RETIREMENT;
(ADMINISTRATION)
RECOMMENDATION: Adopt Resolution No. 22-05.
A-3 RECOMMENDATION TO AMEND THE KITCHEN USE FEE AT THE
MORRO BAY COMMUNITY CENTER AND VETERANS' MEMORIAL
BUILDING; (RECREATION & PARKS)
RECOMMENDATION: Approve the Kitchen Use Policy changes and
amendment of the Kitchen Use Fees for the Morro Bay Community Center
and Veteran's Memorial Building.
A-4 APPROVAL OF TWO LETTERS IN SUPPORT OF COMMERCIAL
FISHING: 1) TO DECLARE A DISASTER IN SALMON FISHERY; AND 2)
TO COMMENT ON THE GROUNDFISH MANAGEMENT PLAN DRAFT
is ENVIRONMENTAL IMPACT STATEMENT; (HARBOR)
RECOMMENDATION: Approve two letters in support of Commercial Fishing.
A-5 PROCLAMATION DECLARING MAY 21-25, 2005 AS "NATIONAL PUBLIC
WORKS WEEK'; (PUBLIC SERVICES)
RECOMMENDATION: Adopt Proclamation.
A-6 PROCLAMATION DECLARING MAY 2005 AS "MOTORCYCLE
AWARENESS MONTH'; (ADMINISTRATION)
RECOMMENDATION: Adopt Proclamation.
B. PUBLIC HEARINGS REPORTS & APPEARANCES
B-1 ORDINANCE NO. 507 TO AMEND THE LOCAL COASTAL PROGRAM
AND ZONING ORDINANCE (MBMC TITLE 17) RELATING TO THE
SECOND DWELLING UNIT/GUEST HOUSE PROVISIONS WITHIN THE
CITY LIMITS OF MORRO BAY - INTRODUCTION AND FIRST READING;
(PUBLIC SERVICES)
RECOMMENDATION: Approve introduction and first reading of Ordinance
No. 507 by number and title only.
3
® B-2 CONSIDERATION OF THE VISION 20/20 REPORT AND RELATED
COMMENTS; (ADMINISTRATION)
RECOMMENDATION: Discuss and direct staff accordingly.
C. UNFINISHED BUSINESS —NONE.
D. NEW BUSINESS
D-1 RESOLUTION NO. 19-05 APPROVING A 10-YEAR LEASE FOR MOORING
ZONE A1-4 LOCATED OFFSHORE OF LEASE SITE 71-74/71 W-74W AT 699
EMBARCADERO; (HARBOR)
RECOMMENDATION: Adopt Resolution No. 19-05.
D-2 RESOLUTION NO. 20-05 APPROVING AN AMENDMENT TO THE LEASE
AGREEMENT FOR LEASE SITE 37W LOCATED ADJACENT TO 261 MAIN
STREET TO AUTHORIZE A TEN-YEAR LEASE EXTENSION; (HARBOR)
RECOMMENDATION: Adopt Resolution No. 20-05.
D-3 REVIEW OF PUBLIC WORKS ADVISORY BOARD RECOMMENDED
is WASTE
IN COLLECTION PROCEDURES FOR DELINQUENT SOLID
WASTE ACCOUNTS; (ADMINISTRATION)
RECOMMENDATION: Discuss and direct staff accordingly.
D-4 CONSIDERATION OF COST -SAVING AND REVENUE ENHANCEMENT
ALTERNATIVES FOR DIAL -A -RIDE; (ADMINISTRATION)
RECOMMENDATION: Discuss and direct staff accordingly.
D-5 ORDINANCE NO. 508 ADOPTING AN URGENCY INTERIM ORDINANCE
PROHIBITING THE ESTABLISHMENT OF MEDICAL MARIJUANA
DISPENSARIES; (CITY ATTORNEY)
RECOMMENDATION: Adopt Ordinance No. 508.
D-6 PLANNING DIVISION VACANCIES AND SERVICE REDUCTIONS;
(PUBLIC SERVICES)
RECOMMENDATION: Discuss and direct staff accordingly.
11
4
® E. ADJOURNMENT
THIS AGENDA IS SUBJECT TO AMENDMENT UP TO 72 HOURS PRIOR TO
THE DATE AND TIME SET FOR THE MEETING. PLEASE REFER TO THE
AGENDA POSTED AT CITY HALL FOR ANY REVISIONS OR CALL THE
CLERK'S OFFICE AT 772-6200 FOR FURTHER INFORMATION.
COPIES OF STAFF REPORTS OR OTHER PUBLIC DOCUMENTATION
RELATING TO EACH ITEM OF BUSINESS REFERRED TO ON THIS
AGENDA ARE ON FILE IN THE OFFICE OF THE CITY CLERK AND
AVAILABLE FOR PUBLIC INSPECTION AND REPRODUCTION AT COST AT
CITY HALL, LIBRARY, AND MILLS STATIONERY.
IN COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT, IF
® YOU NEED SPECIAL ASSISTANCE TO PARTICIPATE IN A CITY MEETING,
PLEASE CONTACT THE CITY CLERK'S OFFICE AT LEAST 24 HOURS
PRIOR TO THE MEETING TO INSURE THAT REASONABLE
ARRANGEMENTS CAN BE MADE TO PROVIDE ACCESSIBILITY TO THE
MEETING.
C
MINUTES - MORRO BAY CITY COUNCIL
® CLOSED SESSION — MAY 9, 2005
CITY HALL CONFERENCE ROOM - 5:00 P.M.
Mayor Peters called the meeting to order at 5:00 p.m.
PRESENT: Janice Peters Mayor
STAFF:
CLOSED SESSION
Thad Baxley
Melody DeMeritt
William Peirce
Betty Winholtz
Robert Hendrix
Robert Schultz
Councilmember
Councilmember
Councilmember
Councilmember
City Manager
City Attorney
MOTION: Councilmember Peirce moved the meeting be adjourned to Closed
Session. The motion was seconded by Councilmember Baxley and
unanimously carried. (5-0)
Mayor Peters read the Closed Session Statement.
CS -I GOVERNMENT CODE SECTION 54957.6; CONFERENCE WITH
® LABOR NEGOTIATOR. Conference with the City Manager, the City's
Designated Representative, for the purpose of reviewing the City's position
regarding salaries, salary schedules, or compensation paid in the form of fringe
benefits, and giving instruction to the Designated Representative.
CS-2 GOVERNMENT CODE SECTION 54956.9(a): CONFERENCE WITH
LEGAL COUNSEL REGARDING PENDING LITIGATION.
• In Re Morro Bay Power Plant Project, 00-AFC-12
CS-3 GOVERNMENT CODE SECTION 54956.8; REAL 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.
Property: Lease Site: Outfall
Negotiating Parties: City and Duke Energy
Negotiations: Lease Terms and Conditions
The meeting adjourned to Closed Session at 5:00 p.m. and returned to regular session at
5:50 p.m.
MOTION: Councilmember Peirce moved the meeting be adjourned. The motion was
seconded by Councilmember Baxley and unanimously carried. (5-0)
The meeting adjourned at 5:50 p.m.
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — MAY 9, 2005
VETERANS MEMORIAL HALL - 6:00 P.M.
Mayor Peters called the meeting to order at 6:00 p.m.
PRESENT: Janice Peters Mayor
Thad Baxley
Melody DeMeritt
William Peirce
Betty Winholtz
STAFF: Robert Hendrix
Robert Schultz
Jamie Boucher
Rick Algert
Bruce Ambo .
Janeen Burlingame
John DeRohan
Mike Pond
Mike Prater
Jim Koser
Andrea Lueker
Councilmember
Councilmember
Councilmember
Councilmember
City Manager
City Attorney
Deputy City Clerk
Harbor Director
Public Services Director
Management Analyst
Police Chief
Fire Chief
Associate Planner
Finance Director
Recreation & Parks Director
ESTABLISH QUORUM AND CALL TO ORDER
MOMENT OF SILENCE
PLEDGE OF ALLEGIANCE
MAYOR'S REPORTS & ANNOUNCEMENTS
CLOSED SESSION REPORT - City Attorney Robert Schultz reported the City Council
met in Closed Session, and no reportable action under the Brown Act was taken.
PUBLIC COMMENT
Kim Kimball, Executive Director of the Chamber of Commerce, stated the 4`h of July
festivities are moving forward with $12,000 raised to date.
Susan Ayers stated the City should maintain the current Fire Department stafrmg levels
for the health and safety of the citizens and tourists of Morro Bay.
Mandy Davis stated the City is dependent on tourism, and tourist -season is also the
beginning of hunting season. She said hunting in the back bay is not what a tourist
driving along a scenic way wants to see.
E
2
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — MAY 9, 2005
Roger Ewing stated he supports the across-the-board budget cuts proposed by staff. He
said the City's crime rate has not changed for years, and it does not have the same crime
rate as an urban area. Mr. Ewing also addressed Item D-5 (Ordinance No. 508 Adopting
An Urgency Interim Ordinance Prohibiting The Establishment Of Medical Marijuana
Dispensaries), and reminded Council that in 1996 the City Council unanimously
supported Proposition 215, which gave California the right to dispense medical marijuana
to patients who needed it.
Ray McKelligott stated the current City Council should not be blamed for the present
budget cuts. He said the higher paid employees should consider taking pay cuts in order
to save police and fire jobs.
Anne Reeves, Outreach Coordinator for Senior Nutrition Program, stated May is "Elder
American Month". She said this non-profit organization is short on volunteers and
funding, and requested public outreach for this important program.
Lee Gill addressed the California Health Insurance Reliability Act (SB 840), stating the
goal of SB 840 is to insure the overall health of California business and all Californians.
He said SB 840 would provide fiscally sound and affordable health insurance coverage
for all Californians, and would help control health care cost inflation.
® Phil Hill stated he has animosity towards the corporate Duke Energy Power Plant. He
said if Duke Energy goes away it would be great for the community and the fisheries.
Mr. Hill stated perhaps the Harbor Department could assist in the Boatyard dilemma
since it provides service to the bay. He also read letters in opposition to hunting in the
back bay.
Richard Sodowski and Marla Britton expressed appreciation to City staff and the Mayor
for being available to address public concerns. Ms. Britton also stated she found a baby
owl who fell out of a tree in the State Park; she said the Pacific Wildlife Group came to
the rescue and placed the baby owl back in the tree.
Roy Vinio stated the Duke Energy Power Plant is not compatible with the largest
monolithic on the Central Coast. He suggested replacing the power plant with a museum
or leaving the site in its natural habitat. Mr. Vinio stated there is only one Morro Rock,
but there are many power plants.
Noah Smukler, representing the SLO Coastal Alliance, stated the Alliance has voted to
recommend a total hunting ban in Morro Bay, and believe hunting is inconsistent with an
acclaimed bird sanctuary of prime importance to migratory birds. He expressed support
for the wild salmon fishery, and noted people can support this industry by avoiding farm
fish. Mr. Smukler also expressed appreciation for the placement of solar panels at the
® Community Center.
3
MINUTES - MORRO BAY CITY COUNCIL
® REGULAR MEETING — MAY 9, 2005
David Nelson stated he has been opposed to the Duke Energy Power Plant Modernization
Plan for many reasons. He said the City should withhold their support for this plant and
re-evaluate it. Mr. Nelson stated there is evidence that the particulate matter will increase
health hazards to the community.
Jamie Irons stated the City's budget problems are not the responsibility of Duke Energy
or the State Parks Renovation Project; however, the City should take responsibility for
the present budgetary situation. Mr. Irons stated the City Council should participate in an
independent budgetary class to make qualified decisions.
Roy Kline addressed the campaign promises made by a candidate. He stated Duke
Energy should pay the promised amount to the City. Mr. Kline stated hunting should be
removed from the back bay.
Frank DeVine stated the City should expand its limits to include the bird sanctuary in
order to exclude hunting in the back bay. He expressed opposition to the review of
proposed projects by anon -elected City official.
Beverly Abbey expressed opposition to hunting in the back bay
® Ken Vesterfelt expressed concern with the budget cuts that may affect the Police
Department. He said last weekend's Car Show was a great success, and gave thanks to
the City for their participation.
Susan Brown, Manager of Dial -A -Ride, addressed the proposed budget cuts on this
service, and reiterated the concerns of the citizens who frequent this service. She said
Saturday service is very important to many citizens including those who have no other
transportation.
Barbara Stickel, representing Morro Bay Commercial Fisherman's Association,
expressed support for Item A4 (Approval of Two Letters In Support of Commercial
Fishing: 1) To Declare A Disaster In Salmon Fishery; and 2) To Comment On The
Ground fish Management Plan Draft Environmental Impact Statement). She also noted
her husband supports duck hunting in the back bay.
Joey Racano urged citizens to attend the Morro Bay/Cayucos Sanitary District Joint
Powers Authority meeting on May 19, 2005 in order to support the removal of the
secondary treatment waiver.
Pat Mullen, representative of Duke Energy, stated it was phenomenal to see all the people
in town during the Car Show. He explained the merger between Duke Energy and
CINergy out of Cincinnati, which took place in order for Duke Energy to move forward
® during the current energy and budgetary situation.
0
E
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — MAY 9, 2005
Stan House expressed support for Item A-4 on tonight's agenda. He said the City's Fire
Department is presently under -staffed especially when there are multiple subsequent
calls. Mr. House stated the Ad -Hoc Emergency Services Committee recommended the
implementation of a benefit assessment district to assist in funding for the Fire
Department. He also expressed concern with the removal of the School Resource Officer
at Morro Bay High School.
Brandon McNamara expressed opposition
adopting an Urgency Interim Ordinance
marijuana dispensaries.
with the adoption of Ordinance No. 508
prohibiting the establishment of medical
Carl Garrity addressed the current budget crisis stating the blame can be placed on the
voters for continually voting down any tax increases while insisting to maintain or
improve City services; past administrations can be blamed for trying to maintain or
improve services with no perceptible increase in revenue. He said the solution is to
reduce services.
Lynda Merrill addressed the budget stating she has not noticed any cuts to management
pay or employee fringe benefits. She said she would like to see the City's advertising
budget cut rather than employees, and scare tactics should not be used when addressing
the budget. She also requested Morro Bay be proclaimed a "quiet zone" when it comes
to motorcycles.
Mayor Peters closed the hearing for public comment.
DECLARATION OF FUTURE AGENDA ITEMS
Councilmember Peirce requested to agendize the discussion on Council's decision to sell
the old trolley; Councilmember Baxley concurred.
Councilmember Winholtz requested to agendize the discussion of the City's private tree
ordinance.
A. CONSENT CALENDAR
Unless an item is pulled for separate action by the City Council, the following actions are
approved without discussion.
A -I MINUTES FOR THE APRIL 25, 2005 REGULAR MEETING;
(ADMINISTRATION)
RECOMMENDATION: Approve as submitted.
E
MINUTES - MORRO BAY CITY COUNCIL
is REGULAR MEETING — MAY 9, 2005
A-2 RESOLUTION NO. 22-05 COMMENDING AND HONORING PERSONNEL
OFFICERIRISK MANAGER ARDITH DAVIS ON HER RETIREMENT;
(ADMINISTRATION)
RECOMMENDATION: Adopt Resolution No. 22-05.
A-3 RECOMMENDATION TO AMEND THE KITCHEN USE FEE AT THE
MORRO BAY COMMUNITY CENTER AND VETERANS' MEMORIAL
BUILDING; (RECREATION & PARKS)
RECOMMENDATION: Approve ' the Kitchen Use Policy changes and
amendment of the Kitchen Use Fees for the Morro Bay Community Center
and Veteran's Memorial Building.
A-4 APPROVAL OF TWO LETTERS IN SUPPORT OF COMMERCIAL
FISHING: 1) TO DECLARE A DISASTER IN SALMON FISHERY; AND 2)
TO COMMENT ON THE GROUNDFISH MANAGEMENT PLAN DRAFT
ENVIRONMENTAL IMPACT STATEMENT; (HARBOR)
® RECOMMENDATION: Approve two letters in support of Commercial Fishing.
A-5 PROCLAMATION DECLARING MAY 21-25, 2005 AS "NATIONAL PUBLIC
WORKS WEEK"; (PUBLIC SERVICES)
RECOMMENDATION: Adopt Proclamation.
A-6 PROCLAMATION DECLARING MAY 2005 AS "MOTORCYCLE
AWARENESS MONTH'; (ADMINISTRATION)
RECOMMENDATION: Adopt Proclamation.
Mayor Peters pulled Items A-2, A-5 and A-6 from the Consent Calendar; Councilmember
Winholtz pulled Items A-1 and A-4.
MOTION: Councilmember Winholtz moved the City Council approve Item A-3 of
the Consent Calendar. The motion was seconded by Councilmember
DeMeritt and carried unanimously. (5-0)
A-1 MINUTES FOR THE APRIL 25, 2005 REGULAR MEETING;
(ADMINISTRATION)
Councilmember Winholtz made a correction to the motion on Item D4 from the April
® 25, 2005 minutes.
10
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — MAY 9, 2005
MOTION: Councilmember Winholtz moved the City Council approve Item A-1 of
the Consent Calendar as amended. The motion was seconded by
Councilmember DeMeritt and carried unanimously. (5-0)
A-2 RESOLUTION NO. 22-05 COMMENDING AND HONORING PERSONNEL
OFFICER/RISK MANAGER ARDITH DAVIS ON HER RETIREMENT;
(ADMINISTRATION)
Mayor Peters pulled this item in order to present Personnel Officer/Risk Manager Ardith
Davis with plaques of commendation for her 30 years of service to the City of Morro
Bay.
MOTION: Councilmember Peirce moved the City Council approve Item A-2 of the
Consent Calendar. The motion was seconded by Councilmember Baxley
and carried unanimously. (5-0)
A-4 APPROVAL OF TWO LETTERS IN SUPPORT OF COMMERCIAL
FISHING: 1) TO DECLARE A DISASTER IN SALMON FISHERY; AND 2)
TO COMMENT ON THE GROUNDFISH MANAGEMENT PLAN DRAFT
® ENVIRONMENTAL IMPACT STATEMENT; (HARBOR)
Councilmember Winholtz asked if these letters would be sent to the federal legislators;
Harbor Director Rick Algert responded affirmative.
MOTION: Councilmember Winholtz moved the City Council approve Item AA of
the Consent Calendar. The motion was seconded by Councilmember
Baxley and carried unanimously. (5-0)
A-5 PROCLAMATION DECLARING MAY 21-25, 2005 AS "NATIONAL PUBLIC
WORKS WEEK'; (PUBLIC SERVICES)
Mayor Peters pulled this item for public awareness on the efforts of the City's Public
Service Department.
MOTION: Mayor Peters moved the City Council approve Item A-5 of the Consent
Calendar. The motion was seconded by Councilmember Baxley and
carried unanimously. (5-0)
A-6 PROCLAMATION DECLARING MAY 2005 AS "MOTORCYCLE
AWARENESS MONTH"; (ADMINISTRATION)
Mayor Peters pulled this item for public awareness on the safety of motorcycles on the road,
® and for all drivers to share the road with motorcycles.
7
MINUTES - MORRO BAY CITY COUNCIL
® REGULAR MEETING — MAY 9, 2005
MOTION: Mayor Peters moved the City Council approve Item A-6 of the Consent
Calendar. The motion was seconded by Councilmember Baxley and
carried unanimously. (5-0)
Mayor Peters called for a break at 7:30 p.m.; the meeting resumed at 7:40 p.m.
B. PUBLIC HEARINGS, REPORTS & APPEARANCES
B-I ORDINANCE NO. 507 TO AMEND THE LOCAL COASTAL PROGRAM
AND ZONING ORDINANCE (MBMC TITLE 17) RELATING TO THE
SECOND DWELLING UNIT/GUEST HOUSE PROVISIONS WITHIN THE
CITY LIMITS OF MORRO BAY - INTRODUCTION AND FIRST READING;
(PUBLIC SERVICES)
Associate Planner Mike Prater stated at the April 25, 2005 City Council meeting, staff
was directed to bring back revised language as discussed and motioned by the Council.
Mr. Prater recommended the City Council open the public hearing; accept the Planning
Commission recommendation to adopt the proposed ordinance amendments with
modifications directed at the April I and 25`h Council hearing that would allow for
ministerial secondary dwelling units in residential zones; approve the Negative
® Declaration; approve the first reading and introduction of Ordinance No. 507 by motion;
and, continue this matter to the May 23, 2005 City Council meeting to conduct the
second reading and adoption of Ordinance No. 507.
Mayor Peters opened the hearing for public comment.
John Barta stated according to the ordinance as written, homeowners' homes that are
located less than 30 feet to the front of the lot will not be allowed to build granny units;
homeowners whose homes are more than 30 feet from the front of the lot will lose 25-
100% of your right to build a granny unit depending on different case scenario; and, those
who have space for a driveway on the side of their house also have a 25-100% right to
build a granny unit. Mr. Barta stated the community at -large would lose with the
ordinance as written.
David Nelson expressed concern with this ordinance noting that not all lots are
conforming to allow a multiple family dwelling. He said he does not want his
neighborhood to become "granny unit strip".
Bob Tefft stated the City needs a balanced ordinance that creates neighborhood character
that also allows auxiliary housing that is proportional. He requested Council support this
ordinance.
® Lynda Merrill stated density of neighborhoods and quality of life should be considered in
this ordinance.
8
MINUTES - MORRO BAY CITY COUNCIL
® REGULAR MEETING — MAY 9, 2005
Martin Mosaic stated compromise is necessary, and the size of the lot should be
considered in this ordinance. He said parking is a problem regardless and requiring two
extra spaces is unrealistic.
Gary Ream stated a parking ordinance in residential areas should be considered
restricting parking on the streets from 1:00 am. — 6:00 am., which will eliminate the
parking problem.
Mayor Peters closed the public comment hearing.
Agreement of the majority City Council regarding Section C (Minimum or Maximum
Floor Area) stating the maximum floor area of a second unit shall not exceed 900 square
feet, or 50%, whichever is smaller of the existing or proposed living areas of the primary
dwelling unit. Councilmember Winholtz expressed concern with going across the board
with all zoning regulations.
Consensus of the City Council regarding Section F (Parking) is to require one parking
space per bedroom.
MOTION: Councilmember Baxley moved the City Council approve the first reading
® and introduction of Ordinance No. 507 Amending the Local Coastal
Program and Zoning Ordinance (MBMC Title 17) Relating to the Second
Dwelling Unit/Guest House Provisions Within the City Limits of Morro
Bay, with amendments to Sections C (Minimum or Maximum Floor Area)
and F (Parking). The motion was seconded by Councilmember Peirce and
carried unanimously. (5-0)
B-2 CONSIDERATION OF THE VISION 20/20 REPORT AND RELATED
COMMENTS; (ADMINISTRATION)
Vicki Landis, Chair of the Public Works Advisory Board, reviewed the Board's
consideration of this draft report, and noted the Board has approved the visionary portion
of this report.
Gary Ream, Chair of the Vision 20/20 Committee, gave an overview of the Committee
and Sub -Committees' review of the various aspects of this draft report.
Bob TeM Chair of the Tourism Sub -Committee, stated the issues discussed were related
to developing a superior product in order to make Morro Bay a desirable destination, and
to market this vision. He said the priorities discussed were to tie the Embarcadero to the
downtown area, with the Market Street property playing a key role; improved signage;
and redevelopment in the downtown area to make it more attractive where locals and
0 tourists could intermingle
MINUTES - MORRO BAY CITY COUNCIL
® REGULAR MEETING — MAY 9, 2005
Robyn Smith,discussed her experience on the Vision 20/20 Committee, and requested
Council's input on the draft report.
Mandy Davis, Chair of the Environmental Sub -Committee, stated their review included
sustainability issues, conservation and preservation issues, as well as educational issues.
Bud Zeuschner stated he was the facilitator in this process. He said it was a rewarding
experience for himself and those on the Committee.
Mayor Peters opened the hearing for public comment; there being no public comments,
Mayor Peters closed the public comment hearing.
The City Council commended the Committee Members for their efforts in preparing this
Vision 20/20 Draft Report.
No further action was taken on this item.
Mayor Peters called for a break at 9:00 p.m.; the meeting resumed at 9:10 p.m.
C. UNFINISHED BUSINESS —NONE.
® D. NEW BUSINESS
D-1 RESOLUTION NO. 19-05 APPROVING A 10-YEAR LEASE FOR MOORING
ZONE A1-4 LOCATED OFFSHORE OF LEASE SITE 71-74/71 W-74W AT 699
EMBARCADERO; (HARBOR)
Harbor Director Rick Algert stated the City has been leasing Mooring Zone A14 to
Morro Bay Marina since 1991. Terms for the past leases have been set at five years. The
main lease for Morro Bay Marina terminates in 2041. A 10-year lease on the mooring
zone lease has been proposed in order to reduce the number of times the mooring zone
lease will have to be renewed during the term of the main lease. A 10-year term for
Mooring Zone Al-3 with the Morro Bay Yacht Club was approved in 2003. The
proposed Mooring Zone lease agreement is based on the City's new Master Lease format
and will take effect on July 1, 2005. The lease requires that all the moorings be
maintained and inspected to meet City specifications every other year and that the City
must approve any proposed changes to the mooring field. Mr. Algert recommended the
City Council adopt Resolution No. 19-05 approving a 10-year lease agreement for
Mooring Zone A1-4 with the Morro Bay Marina.
MOTION: Councilmember Peirce moved the City Council adopt Resolution No. 19-05
approving a 10-year Lease Agreement for Mooring Zone A14 with the
® Morro Bay Marina. The motion was seconded by Councilmember Baxley
and carried unanimously. (5-0)
10
MINUTES - MORRO BAY CITY COUNCIL
® REGULAR MEETING — MAY 9, 2005
D-2 RESOLUTION NO. 20-05 APPROVING AN AMENDMENT TO THE LEASE
AGREEMENT FOR LEASE SITE 37W LOCATED ADJACENT TO 261 MAIN
STREET TO AUTHORIZE A TEN-YEAR LEASE EXTENSION; (HARBOR)
Harbor Director Rick Algert stated Lease Site 37W is a water lease site located south of
the Tidelands Park area. The City's Lease Management Policy adopted in 2001 allows
for consideration of lease extension with existing tenants when the tenant has a good
history of performance and lease compliance and the improvements on the site are well
maintained. The current tenants have held the lease agreement on this lease site since
1964 and have proven to be good tenants. They have a history of timely lease payments
and are in compliance with all the terms of the lease agreement. Mr. Algert
recommended the City Council adopt Resolution No. 20-05 approving Amendment #1 to
the lease agreement for Lease Site 37W located adjacent to 261 Main Street.
MOTION: Councilmember Baxley moved the City Council adopt Resolution No. 20-05
approving Amendment #1 to the Lease Agreement for Lease Site 37W
located adjacent to 261 Main Street. The motion was seconded by
Councilmember Peirce and carried unanimously. (5-0)
D-3 REVIEW OF PUBLIC WORKS ADVISORY BOARD RECOMMENDED
® CHANGES IN COLLECTION PROCEDURES FOR DELINQUENT SOLID
WASTE ACCOUNTS; (ADMINISTRATION)
Management Analyst Janeen Burlingame stated in Morro Bay Garbage Service's
(MBGS) recent Base Year Rate Adjustment Application submitted to the City in
December 2004, General Manager Tom Martin brought to light an issue regarding bad
debt expense as the cost for bad debt expense has risen dramatically over the past several
years. In 2004, MBGS wrote off approximately $18,500 in accounts and only recovered
approximately $7,500 in previously written off accounts, for a net write-off of $11,000.
At the end of 2004, MBGS had a balance of approximately $24,000 in accounts that were
over 90 days past due. While there is a collections person at MBGS who pursues the
non -payers through phone calls, small claims court and a credit collection agency, these
actions are time consuming and not always successful. The Public Works Advisory
Board considered this item at its March 16, 2005 meeting, and after discussion,
recommended the City Council amend Morro Bay Municipal Code Section 8.16 on Solid
Waste Management to include provisions for collection of delinquent charges such as
those in San Luis Obispo and Los Osos. Ms. Burlingame recommended the City Council
approve the recommendations suggested by the Public Works Advisory Board.
MOTION: Councilmember Peirce moved the City Council approve the
recommendations suggested by the Public Works Advisory Board to
amend Morro Bay Municipal Code Section 8.16 on Solid Waste
® Management to include provisions for collection of delinquent charges
such as those in San Luis Obispo and Los Osos. The motion was
seconded by Councilmember Baxley and carried unanimously. (5-0)
11
MINUTES - MORRO BAY CITY COUNCIL
® REGULAR MEETING — MAY 9, 2005
D4 CONSIDERATION OF COST -SAVING AND REVENUE ENHANCEMENT
ALTERNATIVES FOR DIAL -A -RIDE; (ADMINISTRATION)
Management Analyst Janeen Burlingame stated the City contracts with a private
company to provide the Morro Bay Dial -A -Ride (MBDAR) service. The current fares
are $1.00 for a regular one-way ride, $.75 for discount (seniors and mobility -impaired
individuals) one-way ride, and children up to the age of 5 years ride free with a fare -
paying adult. The last increase to fares occurred sometime around 1990. The Transit
Development Plan, adopted in June 1999, recommended a quarter fare increase; however,
the City Council did not adopt the fare recommendation at that time. Approximately
92% of funding for MBDAR comes from State Transportation Development Act funds.
Rider fares and the general fund make up the remaining 8% of funding sources for DAR
service. The need from the general fund to operate MBDAR has vaned over the years
ranging from $0 to $47,000. Ms. Burlingame recommended the City Council review the
information regarding MBDAR program cost saving and revenue enhancing altematives
and take the following actions effective July 1, 2005; eliminate Saturday service; and,
adopt the 1999 Transit Development Plan recommended fare structure, increasing fares
by a quarter.
MOTION: Councilmember Peirce moved the City Council: 1) maintain Saturday
® service with a $2.00 fare and no discounts; 2) increase the regular fare
during the weekdays by $.50 ($1.50), and increase the discounted rate for
seniors and mobility -impaired individuals during the weekdays by $.25
($1.00); 3) provide a monthly pass at a rate to be determined; and 4)
revisit this item in six months. The motion was seconded by
Councilmember Baxley and carried unanimously. (5-0)
D-5 ORDINANCE NO. 508 ADOPTING AN URGENCY INTERIM ORDINANCE
PROHIBITING THE ESTABLISHMENT OF MEDICAL MARIJUANA
DISPENSARIES; (CITY ATTORNEY)
City Attorney Robert Schultz stated in November 1996, California voters passed the
Compassionate Use Act (the "Act') of 1996, which protects patients, their primary
caregivers, and physicians who prescribe marijuana for medical treatment, from criminal
prosecution or sanction. In 2003, the State legislature adopted SB420 to clarify the scope
and application of the Act and facilitate the prompt identification of qualified patients and
their designated primary caregivers in order to avoid unnecessary arrest and prosecution
of these individuals and provide needed guidance to law enforcement officers. The
Federal Controlled Substances Act prohibits the possession, cultivation, and dispensing
of marijuana, regardless of its purpose. There exists a conflict between California and
Federal law regarding medical marijuana, and for this reason some cities in California
have banned medical marijuana dispensaries, or have adopted moratoria prohibiting
® medical marijuana dispensaries until the law is settled. Currently pending before the
United States Supreme Court is a California case (Ashcroft v. Raich) to decide whether
Federal law takes precedence over California State law regarding medical marijuana and
12
MINUTES - MORRO BAY CITY COUNCIL
® REGULAR MEETING — MAY 9, 2005
whether or not medical marijuana users and distributors in California are violating
Federal law. Mr. Schultz also noted that existing City zoning, health and safety laws do
not provide for the location and/or regulation of medical marijuana dispensaries and such
uses might be permissible without oversight in any zone that allows retail uses, drug
stores, or medical uses. The Police Chief requested the preparation of an Urgency
Interim Ordinance prohibiting the establishment of medical marijuana dispensaries in
Morro Bay. Mr. Schultz stated if the City Council desires to prevent such establishment,
it should adopt Urgency Interim Ordinance No. 508 to place a 45-day moratorium on the
establishment of medical marijuana dispensaries in the City of Morro Bay.
MOTION: Councilmember Peirce moved the City Council adopt Urgency Interim
Ordinance No. 508 to place a 45-day moratorium on the establishment of
medical marijuana dispensaries in the City of Morro Bay. The motion was
seconded by Councilmember Baxley and carried with Councilmember
DeMeritt voting no. (4-1)
D-6 PLANNING DIVISION VACANCIES AND SERVICE REDUCTIONS;
(PUBLIC SERVICES)
® Public Services Director Bruce Ambo stated the Planning Division is comprised of three
professional planners with well-rounded experience. The division is currently handling
44 active planning cases, 12 advanced planning assignments, 55 building checks, counter
coverage, and responds to every request for assistance from applicants and the public.
The City Council instituted a hiring freeze when the fiscal year 2004/2005 budget was
adopted. The policy set forth in the hiring freeze requires Council approval for the filling
of any new or vacant positions while the freeze is in effect. The resignation of the Senior
Planner technically creates a vacancy, and if the Associate Planner were promoted, there
would still be a vacancy that staff is requesting authorization to fill. Mr. Ambo
recommended the City Council consider the pending planning division vacancies and
associated reductions in services; authorize staff to promote the Associate Planner to
Senior Planner and begin recruitment of one staff position that may be filled at either the
Associate Planner or Assistant Planner level; and/or authorize staff to institute reductions
in planning services including substantially reduced counter and phone availability hours,
reduced Planning Commission meetings, and defer all work on advanced planning studies
and analyses until professional planning staff is added.
11
MOTION: Councilmember Winholtz moved the City Council go beyond 11:00 p.m.
to finish this item. The motion was seconded by Councilmember Baxley
and carried unanimously. (5-0)
13
MINUTES - MORRO BAY CITY COUNCIL
® REGULAR MEETING — MAY 9, 2005
MOTION: Mayor Peters moved the City Council: 1) authorize staff to advertise the
position of Associate Planner; 2) authorize the promotion of the Associate
Planner to Senior Planner; and, 3) direct staff to return to Council with a
revised schedule for Public Services office hours and Planning
Commission meeting schedule. The motion was seconded by
Councilmember Peirce.
After Council discussion on filling a vacant position during the current budget situation,
Councilmember Peirce withdrew his second to the motion.
The motion died for lack of a second.
MOTION: Councilmember Winholtz moved the City Council authorize staff to
institute reductions in planning services including substantially reduced
counter and phone availability hours, reduced Planning Commission
meetings, and defer all work on advanced planning studies and analyses
until professional planning staff is added. The motion was seconded by
Councilmember Baxley.
Councilmember Peirce stated the motion should include the promotion of the Associate
® Planner to Senior Planner.
Councilmember Winholtz did not agree to the amendment.
Councilmember Baxley withdrew his second to the motion.
The motion died for lack of a second.
MOTION: Councilmember Baxley moved the City Council authorize the promotion
of the Associate Planner to Senior Planner; and, authorize staff to institute
reductions in planning services including substantially reduced counter
and phone availability hours, reduced Planning Commission meetings, and
defer all work on advanced planning studies and analyses until
professional planning staff is added. The motion was seconded by
Councilmember Peirce and carried with Mayor Peters and Councilmember
Winholtz voting no. (3-2)
MOTION: Councilmember Winholtz requested to reconsider Item D-5 (Ordinance
No. 508 adopting an Urgency Interim Ordinance Prohibiting the
Establishment of Medical Marijuana Dispensaries).
The motion died for lack of a second.
1
14
ADJOURNMENT
® The meeting adjourned at 11:10 p.m.
Recorded by:
1�0�1 e4e�,
Jamie Boucher
Deputy City Clerk
E
E
15
El
City of Morro Bay
Morro Bay, CA 93442 • 805-772-6200
www. morro-bay.ca. us
NOTICE OF SPECIAL MEETING
NOTICE IS HEREBY GIVEN that the Morro Bay City Council will
be holding a Special Meeting on Wednesday, May 4, 2005 at 6:00 p.m. to
be held in the Veterans' Memorial Building, 209 Surf Street, Morro Bay,
California.
The City Council will be considering the Planning Commission
recommendation on the proposed update to the Zoning Ordinance, Zoning
Map and accompanying Negative Declaration.
DATED: April 28, 2005
FINANCE
595 Harbor Street
City Clerk
ADMINISTRATION
595 Harbor Street
FIRE DEPARTMENT
715 Harbor Street
PUBLIC SERVICES
955 Shasta Street
HARBOR DEPARTMENT CITY ATTORNEY POLICE DEPARTMENT
1275 Embarcadero Road 955 Shasta Avenue 850 Morro Bay Boulevard
RECREATION AND PARKS
1001 Kennedy way
® MINUTES - MORRO BAY CITY COUNCIL
SPECIAL MEETING — MAY 4, 2005
VETERANS MEMORIAL HALL — 6:00 P.M.
Mayor Peters called the meeting to order at 6:04 p.m.
Councilmember DeMeritt led the Pledge of Allegiance.
PRESENT:' Janice Peters
Mayor
Betty Winholtz
Vice Mayor
Thad Baxley
Councilmember
Melody DeMeritt
Councilmember
William Peirce
Councilmember
STAFF: Robert Hendrix
City Manager
Bruce Ambo
Public Services Director
Mike Prater
Associate Planner
Lynn Casassa
Office Assistant IV
Mayor Peters called for replies to written responses to previous comments; there were none.
Addendum Ib. Mayor Peters called for comments; there were none.
Addendum lc. Prater explained it was related to density on large parcels. Mayor Peters called for
comments; there were none.
Addendum 2 - Commercial and Mixed Use. It was agreed by consensus to support the proposed
language.
Discussion was heard about providing more than minimum noticing requirement for Mixed Use
projects in the downtown area. Mayor Peters stressed the importance of letting the public know
what is happening without involving additional staff time. Discussion was also heard about the
difference in cost and time between processing administrative permits and those requiring public
hearing. The small size of commercial spaces in mixed -use units in the downtown area was
discussed. It was agreed to accept staffs proposal for administrative permit changes with Baxley,
Peters and Peirce agreeing, and DeMeritt and Winholtz not agreeing. At page 4, number 2-a
DeMeritt requested the deletion of `are separate.'
Addendum 3 - Environmentally Sensitive Habitat. Ambo pointed out there were no proposed
changes in this section. DeMeritt suggested the cross-references on page 5-5 be updated. Mayor
Peters opened public hearing; no one came forward. DeMeritt asked why the section entitled
`Restricted Area' had been deleted, and Prater said the language appeared under `Open Space.'
Addendum 4 - Planned Development (PD) Overlay. Prater said since the section had been
previously discussed in bits and pieces, it was presented here with the changes in a proposed final
format. Mayor Peters called for questions; there were none, and she opened public hearing.
I� Roger Ewing spoke against abolishment of PD Overlays. Ray McKelligott said if a rule didn't
1� require public benefit, it should be done away with. Dorothy Cutter said the most sensitive parts
MINUTES — MORRO BAY CITY COUNCIL
SPECIAL MEETING — MAY 4, 2005
of the City fall under PD Overlays; there was no original requirement for public benefit; and she
encouraged the PD Overlays be left in place. Frank Devine said developers have abused PD
Overlays in the past and stricter language is needed. Lynda Merrill said PD Overlays should be
used sparingly. Roy Kline said PD Overlays shouldn't be eliminated. Alex Beattie was upset by
the use of acronyms in staff communications with the public. He noted listening devices were not
mentioned on the agenda nor had he seen them at the meeting; staff pointed them out to him
immediately. Bob Tefft felt public benefits are often overlooked and suggested strengthening the
link between public and private benefits. Mayor Peters closed public hearing.
Discussion was heard as to whether significant changes affecting property owners should be made
at this time. Prater said staff's recommendation is to strengthen current PD requirements.
Discussion was heard as to the options Prater named as well as public vs. private benefits. Prater
pointed out that sections g through j were added to help strengthen existing language. Ambo
explained no changes were being made except that only those meeting the minimum lot
requirement of .4 acres could participate. He further explained that the rights of those on less than
.4 acres would be lost if this proposal was adopted. DeMeritt said she didn't like the idea of the
word `deviations' because it may lead to the idea of exception or swapping. She said only the
City, not developers, should select and enforce PD sites.
Peirce asked Ambo to explain public benefits as part of the process. Ambo said staff s
recommended option will mean more accountability and will set limits on exceptions as shown on
® page 2. Staff tried to quantify the public benefit which has never been attempted before.
Discussion was heard as to the procedure for eliminating Zoning Ordinance sections and whether
or not changes could occur en masse, none of which would affect the existing document going to
the Coastal Commission. Mayor Peters asked Ambo to return to the next special meeting with that
information.
1
MOTION: Winholtz, DeMeritt 2"d to eliminate Planned Development Overlays. Vote: 5-0.
Mayor Peters declared a break, and the meeting resumed at 7:35.
Hillsides - Coastal Bluffs, and Bayfront Bluffs. Prater reviewed the existing changes and said
the proposed Hillside requirements would be used anywhere exceeding a 10% slope. The Mayor
opened public comment.
Dorothy Cutter said the bluff in south Morro Bay is not hard to locate and was concerned the
regulations will become too lenient. Alex Beattie said the City must protect the bluffs. S. Marie
Schnevzki suggested the rules not be changed and read aloud comments which Ambo pointed out
were not prepared by staff. Frank Devine said he's not in favor of anything that would diminish
the bluff. Bob Tefft said the bayfront bluff could be seen from the southernmost point of
Tidelands Park. Ray McKelligott asked that bluff standards be left alone. Lynda Merrill, Roy
Kline, and Nancy Kerr agreed with McKelligott. Peters closed public hearing and asked staff for a
more precise definition of each category.
2
MINTUTES — MORRO BAY CITY COUNCIL
SPECIAL MEETING — MAY 4, 2005
Prater said staff proposed two new names: Coastal Bluffs and Bayfront Bluffs, north and south of
the power plant, respectively, and incorporating the new Hillside requirements wherever
applicable, waterfront or not. He explained no names were previously designated for hillsides or
bluffs. Discussion was heard as to the pros and cons of using conditional use permits (CUP).
Discussion was heard regarding page II-9, paragraph F, sentence 2 of the draft document. Prater
said `may' was used pursuant to Department of Fish & Game regulations. It was agreed by
consensus that staff will come back with whether or not to change this to `shall.'
Discussion was heard about preservation of the bluff buffer with Winholtz for it and Baxley and
Pence against. Discussion was heard as to how hillsides are dealt with in the existing General
Plan. Prater noted the consultant allowed for no inconsistencies between the proposed Zoning
Ordinance and the General Plan.
It was determined discrepancies will prevail along the waterfront without CUPS, and Prater offered
to add discretionary review if the PD overlay was going to be removed.
It was agreed to make Surf Street the southern boundary for the Coastal Bluffs area.
It was agreed to make Surf Street the northern boundary for the Bayfront Bluffs.
® It was agreed to apply Hillside standards wherever a slope of ten percent or greater existed.
At 9:03 p.m. Mayor Peters adjourned to the next regular meeting of May 9, 2005, and continued
the Zoning Ordinance Draft review to the Special Council Meeting of June 7, 2005.
® City of Morro Bay
City Council Agenda
Mission Statement
The City of Morro Bay is dedicated to the preservation and enhancement of the quality
of life. The City shall be committed to this purpose and will provide a level of
municipal service and safety consistent with and responsive to the needs of the public.
REGULAR MEETING — APRIL 25, 2005
CLOSED SESSION — APRIL 25, 2005
CITY HALL CONFERENCE ROOM - 5:00 P.M.
595 HARBOR ST., MORRO BAY, CA
CS-1 GOVERNMENT CODE SECTION 54956.8; REAL 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.
• Property: 460 Chorro Creek Road
® Negotiating Parties: City and Lawrence & Pamela Flood
Negotiations: Easement Agreement
Property: Lease Site: Outfall Line
Negotiating Parties: City and Duke Energy
Negotiations: Lease Terms and Conditions
CS-2 GOVERNMENT CODE SECTION 54956.9; CONFERENCE WITH
LEGAL COUNSEL DUE TO ANTICIPATED LITIGATION. Initiation of
litigation exists based upon existing facts and the advice of legal counsel as to
one matter.
• Parties: City of Morro Bay and Duke Energy
Issue: Filing of Unlawful Detainer Action to Evict Duke from the Out
Fall Line.
CS-3 GOVERNMENT CODE SECTION 54957.6: CONFERENCE WITH
LABOR NEGOTIATOR Conference with City Manager, the City's
Designated Representative, for the purpose of reviewing the City's position
regarding the terms and compensation paid to employees and giving instructions
to the Designated Representative.
® IT IS NOTED THAT THE CONTENTS OF CLOSED SESSION MEETINGS
ARE CONFIDENTIAL AND EXEMPT FROM DISCLOSURE.
PUBLIC SESSION — APRIL 25, 2005
VETERANS MEMORIAL HALL - 6:00 P.M.
® 209 SURF ST., MORRO BAY, CA
ESTABLISH QUORUM AND CALL TO ORDER
MOMENT OF SILENCE
PLEDGE OF ALLEGIANCE
MAYOR AND COUNCILMEMBERS ANNOUNCEMENTS & PRESENTATIONS
CLOSED SESSION REPORT
PUBLIC COMMENT PERIOD - Members of the audience wishing to address the
Council on City business matters (other than Public Hearing items under Section B) may
do so at this time.
To increase the effectiveness of the Public Comment Period, the following rules shall be
followed:
• When recognized by the Mayor, please come forward to the podium and state
your name and address for the record. Comments are to be limited to three
minutes.
• All remarks shall be addressed to Council, as a whole, and not to any
individual member thereof.
• The Council respectfully requests that you refrain from making slanderous,
® profane or personal remarks against any elected official, commission and/or
staff.
• Please refrain from public displays or outbursts such as unsolicited applause,
comments or cheering.
• Any disruptive activities that substantially interfere with the ability of the City
Council to carry out its meeting will not be permitted and offenders will be
requested to leave the meeting.
• Your participation in City Council meetings is welcome and your courtesy
will be appreciated.
In compliance with the Americans with Disabilities Act, if you need special assistance to
participate in this meeting, please contact the City Clerk, (805) 772-6205. Notification 72
hours prior to the meeting will enable the City to make reasonable arrangements to ensure
accessibility to this meeting.
COUNCIL DECLARATION OF FUTURE AGENDA ITEMS
A. CONSENT CALENDAR
Unless an item is pulled for separate action by the City Council, the following actions are
approved without discussion.
® A-1 MINUTES FOR THE APRIL 11, 2005 REGULAR MEETING; (ADMINISTRATION)
RECOMMENDATION: Approve as submitted.
A-2 INVESTMENT REPORT FOR MARCH 2O05; (FINANCE)
® RECOMMENDATION: Receive for information.
A-3 PROCLAMATION DECLARING MAY 2005 AS "MORRO BAY
VOLUNTEER MONTH'; (RECREATION & PARKS)
RECOMMENDATION: Adopt Proclamation.
B. PUBLIC HEARINGS. REPORTS & APPEARANCES
B-1 RESOLUTION NO. 15-05 INITIATING PROCEEDINGS TO LEVY THE
ANNUAL ASSESSMENT FOR THE CLOISTERS LANDSCAPING AND
LIGHTING MAINTENANCE ASSESSMENT DISTRICT; (RECREATION &
PARKS)
RECOMMENDATION: Adopt Resolution No. 15-05.
B-2 RESOLUTION NO. 16-05 INITIATING PROCEEDINGS TO LEVY THE
ANNUAL ASSESSMENT FOR THE NORTH POINT LANDSCAPING AND
LIGHTING MAINTENANCE ASSESSMENT DISTRICT; (RECREATION &
PARKS)
® RECOMMENDATION: Adopt Resolution No. 16-05.
B-3 ORDINANCE NO. 507 TO AMEND THE LOCAL COASTAL PROGRAM
AND ZONING ORDINANCE (MBMC TITLE 17) RELATING TO THE
SECOND DWELLING UNIT/GUEST HOUSE PROVISIONS WITHIN THE
CITY LIMITS OF MORRO BAY - INTRODUCTION AND FIRST READING;
(PUBLIC SERVICES)
RECOMMENDATION: Approve first reading and introduction of Ordinance
No. 507.
B4 REPORT ON PUBLIC SERVICES FEE STUDY, POTENIAL FEE
ADJUSTMENTS AND COST RECOVERY ISSUES; (PUBLIC SERVICES)
RECOMMENDATION: Adopt Resolution No. 18-05 approving changes to the
Master Fee Schedule.
C. UNFINISHED BUSINESS
C-1 CONSIDERATION OF PUBLIC WORKSHOP ON DOWNTOWN DESIGN;
(PUBLIC SERVICES)
Is
RECOMMENDATION: Discuss and direct staff accordingly.
D. NEW BUSINESS
D-I DISCUSSION ON COUNCIL PREPARATION FOR CAYUCOS SANITARY
® DISTRICT JOINT POWERS AUTHORITY MEETINGS; (CITY COUNCIL)
RECOMMENDATION: Discuss and direct staff accordingly.
D-2 RESOLUTION NO. 17-05 ADOPTING THE FISHERMEN'S DOCK LEASE
RENEWAL AT LEASE SITE 130W-132W LOCATED AT 1235
EMBARCADERO; (HARBOR)
RECOMMENDATION: Adopt Resolution No. 17-05.
D-3 DISCUSSION ON THE FUTURE USE OF RECENTLY -VACATED CITY
PROPERTY AT THE WESTERLY END OF TIDELANDS PARK:
(RECREATION & PARKS)
RECOMMENDATION: Discuss and direct staff accordingly.
D-4 CONSIDERATION OF SENDING A. COUNCIL PERSON TO THE LEAGUE
OF CALIFORNIA CITIES "ACTION DAYS'; (CITY COUNCIL)
RECOMMENDATION: Consider sending Mayor Peters to the League of
California Cities "Action Days" in Sacramento on May 11-12, 2005.
D-5 DISCUSSION TO CONSIDER AND SCHEDULE ADDITIONAL BUDGET
WORKSHOP; (CITY COUNCIL)
RECOMMENDATION: Discuss and direct staff accordingly.
E. ADJOURNMENT
THIS AGENDA IS SUBJECT TO AMENDMENT UP TO 72 HOURS PRIOR TO THE DATE AND
TIME SET FOR THE MEETING. PLEASE REFER TO THE AGENDA POSTED AT CITY
HALL FOR ANY REVISIONS OR CALL THE CLERK'S OFFICE AT 772-6200 FOR FURTHER
IINtC17f0"grej A
COPIES OF STAFF REPORTS OR OTHER PUBLIC DOCUMENTATION RELATING TO
EACH ITEM OF BUSINESS REFERRED TO ON THIS AGENDA ARE ON FILE IN THE
OFFICE OF THE CITY CLERK AND AVAILABLE FOR PUBLIC INSPECTION AND
REPRODUCTION AT COST AT CITY HALL, LIBRARY, AND MILLS STATIONERY.
IN COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT, IF YOU NEED
SPECIAL ASSISTANCE TO PARTICIPATE IN A CITY MEETING, PLEASE CONTACT THE
CITY CLERK'S OFFICE AT LEAST 24 HOURS PRIOR TO THE MEETING TO INSURE THAT
REASONABLE ARRANGEMENTS CAN BE MADE TO PROVIDE ACCESSIBILITY TO THE
MEETING.
C
® MINUTES - MORRO BAY CITY COUNCIL
CLOSED SESSION — APRIL 25, 2005
CITY HALL CONFERENCE ROOM - 5:00 P.M.
Mayor Peters called the meeting to order at 5:00 p.m
PRESENT: Janice Peters
Mayor
Thad Baxley
Councilmember
Melody DeMeritt
Councilmember
William Peirce
Councilmember
Betty Winholtz
Councilmember
STAFF: Robert Hendrix
City Manager
Robert Schultz
City Attorney
CLOSED SESSION
MOTION: Councilmember Peirce moved the meeting be adjourned to Closed
Session. The motion was seconded by Councilmember Winholtz and
unanimously carried. (5-0)
Mayor Peters read the Closed Session Statement.
® CS-1 GOVERNMENT CODE SECTION 54956.8; REAL 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.
• Property: 460 Chorro Creek Road
Negotiating Parties: City and Lawrence & Pamela Flood
Negotiations: Easement Agreement
Property: Lease Site: Outfall Line
Negotiating Parties: City and Duke Energy
Negotiations: Lease Terms and Conditions
CS-2 GOVERNMENT CODE SECTION 54956.9; CONFERENCE WITH
LEGAL COUNSEL DUE TO ANTICIPATED LITIGATION. Initiation of
litigation exists based upon existing facts and the advice of legal counsel as to
one matter.
Parties: City of Morro Bay and Duke Energy
Issue: Filing of Unlawful Detainer Action to Evict Duke from the Out
Fall Line.
11
® CS-3 GOVERNMENT CODE SECTION 54957.6; CONFERENCE WITH
LABOR NEGOTIATOR. Conference with City Manager, the City's
Designated Representative, for the purpose of reviewing the City's position
regarding the terms and compensation paid to employees and giving instructions
to the Designated Representative.
The meeting adjourned to Closed Session at 5:00 p.m. and returned to regular session at
6:00 p.m.
MOTION: Councilmember Peirce moved the meeting be adjourned. The motion was
seconded by Councilmember Baxley and unanimously carried. (5-0)
The meeting adjourned at 6:00 p.m.
® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — APRIL 25, 2005
VETERANS MEMORIAL HALL - 6:00 P.M.
Mayor Peters called the meeting to order at 6:00 p.m
PRESENT: Janice Peters
Mayor
Thad Baxley
Councilmember
Melody DeMeritt
Councilmember
William Peirce
Councilmember
Betty Winholtz
Councilmember
STAFF: Robert Hendrix
Robert Schultz
Bridgett Bauer
Rick Algert
Bruce Ambo
Frank Cunningham
Tim Olivas
Mike Pond
Mike Prater
Bruce Keogh
Jim Koser
Andrea Lueker
City Manager
City Attorney
City Clerk
Harbor Director
Public Services Director
City Engineer
Acting Police Chief
Fire Chief
Associate Planner
WWTP Manager
Finance Director
Recreation & Parks Director
ESTABLISH QUORUM AND CALL TO ORDER
MOMENT OF SILENCE
PLEDGE OF ALLEGIANCE
MAYOR'S REPORTS & ANNOUNCEMENTS
CLOSED SESSION REPORT - City Attorney Robert Schultz reported the City Council
met in Closed Session, and no reportable action under the Brown Act was taken.
PUBLIC COMMENT
Hank Roth stated the next Neighborhood Watch informational meeting is scheduled for
April 27`s; guest speakers are School Resource Officer Marc Godfrey who will speak on
DARE and the Juvenile Diversion Program, and Hank Roth who will be speaking on
crime prevention.
Greg Smith, State Department of Parks and Recreation, gave an update on the renovation
project in the Morro Bay State Parks Campground. He noted the campground would be
open for Memorial Day weekend.
® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — APRIL 25, 2005
Ken Vesterfelt stated the Morro Bay Car Show is sold out with over 500 cars
participating. He said the abandoned car issue is growing, and he suggested a group be
formed to address this issue. Mr. Vesterfelt sated the budget should be addressed as soon
as possible, noting the safety of the City is in jeopardy and the citizens need to know
what is going on.
Dannie Tope, Member of the Merchants Association, stated affordable housing is needed
for people who are employed in Morro Bay, and requested the City Council not alter the
secondary housing ordinance. She noted a fund-raising effort would be held to collect
funding for the 4`h of July fireworks and festivities, and donations are welcome. Ms.
Tope addressed the budget and stated the City should not cut police and fire department
funds.
Keith Taylor, Friends of the Fire Department, thanked'Council for approving Phase I of
the proposed fire station.
Lynda Merrill expressed support for Item D-5 (Discussion to Consider and Schedule
Additional Budget Workshop). She also announced for public information that a Special
Council Meeting will be held on May 4`h to review the zoning ordinance.
Betty Forsythe stated when remodeling her home she had to place a sidewalk in front of
her home as a condition of her remodel; she said she is pleased with this condition. She
also announced the Friends of the Library will be sponsoring an Arbor Day Celebration
on April 29a'.
Graham Phake, Reserve Firefighter, stated the Fire Department responded to three
different calls yesterday at the same time requiring a paramedic at each call.
Ann Marie Chancellor addressed Item B-3 (Ordinance No. 507 to Amend the Local
Coastal Program and Zoning Ordinance Relating to the Second Dwelling Unit/Guest
House Provisions Within the City Limits Of Morro Bay) stating affordable housing is
needed in Morro Bay.
Nancy Castle announced the Historical Society Quarterly Meeting would be held on
Sunday, May ls`.
Roy Kline stated when considering proposed projects, the Council should consider
mixed -use commercial/residential uses.
Frank DeVine submitted comments on the project located at 600 Morro Bay Boulevard to
the City Council. He said to preserve fairness and equality of the process, preferential
® treatment for popular public figures should never be permitted.
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MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — APRIL 25, 2005
Stan House expressed support for Item D-2 (Resolution No. 17-05 Adopting the
Fishermen's Dock Lease Renewal at Lease Site 130W-132W Located at 1235
Embarcadero).
Mayor Peters closed the hearing for public comment.
DECLARATION OF FUTURE AGENDA ITEMS
Councilmember Winholtz requested to agendize a roundtable discussion with City
Council, Planning Commission and Planning staff on cooperative housing; Mayor Peters
concurred.
Councilmember DeMeritt requested to agendize: 1) a status report on a fire facility fee; 2)
tracking on directional signage; and 3) review of the inventory on the commercial space
along Highway 1/Quintana Road; Councilmember Peirce concurred.
Mayor Peters requested to agendize: 1) letter ratifying the salmon fishery closures
(Councilmember Winholtz concurred); and 2) the County -wide sales tax issue.
® A. CONSENT CALENDAR
•
Unless an item is pulled for separate action by the City Council, the following actions are
approved without discussion.
A-1 MINUTES FOR THE APRIL 11, 2005 REGULAR MEETING; (ADMINISTRATION)
RECOMMENDATION: Approve as submitted.
A-2 INVESTMENT REPORT FOR MARCH 2O05; (FINANCE)
RECOMMENDATION: Receive for information.
A-3 PROCLAMATION DECLARING MAY 2005 AS "MORRO BAY
VOLUNTEER MONTH'; (RECREATION & PARKS)
RECOMMENDATION: Adopt Proclamation.
Councilmember DeMeritt pulled Item A-2 of the Consent Calendar; Mayor Peters pulled
Item A-3.
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MINUTES - MORRO BAY CITY COUNCIL
® REGULAR MEETING — APRIL 25, 2005
MOTION: Councilmember Winholtz moved the City Council approve Item A-1 of
the Consent Calendar. The motion was seconded by Councilmember
DeMeritt and carried unanimously. (5-0)
A-2 INVESTMENT REPORT FOR MARCH 2O05; (FINANCE)
Councilmember DeMeritt requested staff clarification on the trends of the LAIF activity.
Finance Director Jim Koser stated these are normal transactions that occur at this time of
year in order to provide funding for planned budgeted expenses.
MOTION: Councilmember Peirce moved the City Council approve Item A-2 of the
Consent Calendar. The motion was seconded by Councilmember
Winholtz and carried unanimously. (5-0)
A-3 PROCLAMATION DECLARING MAY 2005 AS "MORRO BAY
VOLUNTEER MONTH'; (RECREATION & PARKS)
Mayor Peters pulled this item for public acknowledgement of Morro Bay's volunteers.
® MOTION: Mayor Peters moved the City Council approve Item A-3 of the Consent
Calendar. The motion was seconded by Councilmember Peirce and
carried unanimously. (5-0)
Mayor Peters called for a break at 7:05 p.m.; the meeting resumed at 7:15 p.m.
B. PUBLIC HEARINGS. REPORTS & APPEARANCES
B-1 RESOLUTION NO. 15-05 INITIATING PROCEEDINGS TO LEVY THE
ANNUAL ASSESSMENT FOR THE CLOISTERS LANDSCAPING AND
LIGHTING MAINTENANCE ASSESSMENT DISTRICT; (RECREATION &
PARKS)
Recreation & Parks Director Andrea Lueker stated on July 8, 1996, the City Council
accepted lots 121 and 122 of the Cloisters Subdivision, 34 acres of open space and
organized park. On September 23, 1996, the City Council adopted Resolution No. 69-96,
which accepted the final map for Tract 1996 known as the Cloisters Subdivision,
consisting of 124 lots. Prior to the acceptance of the final map and pursuant to the
conditions of approval, an assessment district was formed to cover the cost of
maintenance of the parkland and open space. The assessment district formation
proceedings began in August 1996 and concluded with the final public hearing for
formation on September 23, 1996, which levied the annual assessment of $148,944 for
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® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — APRIL 25, 2005
the maintenance of the 34 acres of park and open space. On January 26, 1998, the City
Council adopted Resolution No. 10-98 which accepted the public improvements for
Cloisters Tract 1996. Although the public improvements were completed, the developer
was responsible for their maintenance for the one-year warranty period, with the City
taking over the maintenance of the area on January 26, 1999. After the initial formation
of the assessment district, each year beginning in April/May, the City must hold a series
of three public hearings to confirm the levy of assessment for the upcoming fiscal year.
The first public hearing initiates the annual levy process and directs the preparation of an
Engineers Report, the second hearing approves the Engineer's Report and notices the
intent to levy the assessment and the third public hearing actually levies the assessment
for the upcoming fiscal year. The Cloisters Landscaping and Lighting Maintenance
Assessment District is a separate fund from all other City funds and can only be
expended for "improvements" authorized for the district. Once set, the annual
assessment is transmitted to the County Auditor for recordation on the Council
assessment role. The assessment amount will then appear each year on the parcel
owners' property tax bill. In conformance with Proposition 218, "The Right to Vote on
Taxes Act," passed in 1996 by the voters in the State of California, the Cloisters
® Landscaping and Lighting Maintenance Assessment District was approved by 100% of
the owners for which the assessment is to be levied. All property owners were fully
apprised of the costs and benefits associated with the district, prior to its approval by
them. Ms. Lueker recommended the City Council adopt Resolution No. 15-05 ordering
the preparation of an Engineer's Report detailing the expenses projected for Fiscal Year
2005-06 for the maintenance of the Cloisters Park and Open Space.
11
Mayor Peters opened the hearing for public comment.
The following people expressed opposition to the adoption of Resolution No. 15-05
ordering the preparation of an Engineer's Report detailing the expenses projected for
Fiscal Year 2005-06 for the maintenance of the Cloisters Park and Open Space: Kerrigan
Mayhan; Melanie Mayhan, and John Lauffer.
Lynda Merrill stated with the current budget situation, the Council should approve this
assessment fee.
Mayor Peters closed the public comment hearing.
Consensus of Council is to continue levying the annual assessment of the Cloisters
Landscaping and Lighting Maintenance Assessment District.
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MINUTES - MORRO BAY CITY COUNCIL
® REGULAR MEETING — APRIL 25, 2005
MOTION: Councilmember Peirce moved the City Council adopt Resolution No. 15-05
ordering the preparation of an Engineer's Report detailing the expenses
projected for Fiscal Year 2005-06 for the maintenance of the Cloisters Park
and Open Space. The motion was seconded by Councilmember Baxley and
carried unanimously. (5-0)
B-2 RESOLUTION NO. 16-05 INITIATING PROCEEDINGS TO LEVY THE
ANNUAL ASSESSMENT FOR THE NORTH POINT LANDSCAPING AND
LIGHTING MAINTENANCE ASSESSMENT DISTRICT; (RECREATION &
PARKS)
Recreation & Parks Director Andrea Lueker stated on June 27, 1994, the City Council
accepted Lot I of the North Point Subdivision and accepted the final map for Tract
2110. As per the conditions of approval, a Landscaping and Lighting Maintenance
Assessment District was formed for the ongoing maintenance of the 1.3-acre natural area.
The area includes a non -irrigated meadow area, decomposed granite and asphalt
walkways, a stairway/beach access, parking lot, drip irrigation system, public access
signage and parking lot. On December 9, 1996, the City Council adopted Resolution No.
89-96 which ordered the formation of the North Point Landscaping and Lighting
® Maintenance Assessment District and confirmed the yearly assessment of $5,645. On
January 13, 1997, the City Council adopted Resolution No. 01-97 which approved and
accepted the on- and off -site improvements for Tract 2110. By adoption of Resolution
No. 01-97, the City officially started the maintenance of the North Point Natural Area_
The North Point Natural Area Landscaping and Lighting Maintenance Assessment
District is a separate fund from all other City funds and can only be expended for
"improvements" authorized for the District. Once set, the annual assessment is
transmitted to the County Auditor for recordation on the Council assessment role. The
assessment amount will then appear each year on the parcel owners' property tax bill. In
conformance with Proposition 218, "The Right to Vote on Taxes Act," passed in 1996 by
the voters in the State of California, the North Point Natural Area Landscaping and
Lighting Maintenance Assessment District was approved by 100% of the owners for
which the assessment is to be levied. All property owners were fully apprised of the
costs and benefits associated with the district, prior to its approval by them. Ms. Lueker
recommended the City Council adopt Resolution No. 16-05 ordering the preparation of
an Engineer's Report detailing the expenses projected for Fiscal Year 2005-06 for the
maintenance of the North Point Natural Area.
Mayor Peters opened the hearing for public comment.
Lynda Merrill stated with the current budget situation, the Council should approve this
assessment fee.
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MINUTES - MORRO BAY CITY COUNCIL
® REGULAR MEETING — APRIL 25, 2005
Mayor Peters closed the public comment hearing.
MOTION: Councilmember Peirce moved the City Council adopt Resolution No. 16-05
ordering the preparation of an Engineer's Report detailing the expenses
projected for Fiscal Year 2005-06 for the maintenance of the North Point
Natural Area. The motion was seconded by Councilmember Winholtz and
carried unanimously. (5-0)
B-3 ORDINANCE NO. 507 TO AMEND THE LOCAL COASTAL PROGRAM
AND ZONING ORDINANCE (MBMC TITLE 17) RELATING TO THE
SECOND DWELLING UNIT/GUEST HOUSE PROVISIONS WITHIN THE
CITY LIMITS OF MORRO BAY - INTRODUCTION AND FIRST READING;
(PUBLIC SERVICES)
Associate Planner Mike Prater stated at the April 11, 2005 meeting, Council directed staff
to bring back revised regulations regarding the maximum size of second dwelling units
under two different processes that include ministerial approval by staff if all standards are
met, and a Conditional Use Permit if the request is for a larger unit or parking exception.
Council also directed staff to make minor editorial changes for clarification. Mr. Prater
® recommended the City Council: 1) open the hearing for public comment; 2) accept the
Planning Commission recommendation to adopt the proposed ordinance amendments
with modifications directed at the April I Ph meeting that would allow for ministerial
secondary dwelling units in residential zones; 3) approve the Negative Declaration; 4)
make a motion to approve the first reading and introduction of Ordinance No. 507 by
number and title only; and 5) continue this matter to the regular meeting of May 9, 2005
to conduct the second reading and adoption of Ordinance No. 507.
Mayor Peters opened the hearing for public comment.
John Barta stated granny units do not cause the parking problem; and, higher density
zones should be considered.
Lynda Merrill stated this proposed ordinance is in keeping with citizens and
neighborhoods good quality of life. She said this ordinance is fair and equitable
adjustment to the current ordinance.
Roy Kline stated North Morro Bay is already congested, and he supports maintaining the
30% lot coverage.
Mayor Peters closed the public comment hearing.
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® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — APRIL 25, 2005
Councilmember Peirce stated parking would always be an issue. He said he sees no
problem with having a granny unit if there is legitimate space and can provide parking.
Councilmember Peirce stated he does not feel the 30% lot coverage is necessary.
Councilmember Winholtz stated secondary units should maintain the 30% lot coverage.
She said she is concerned with the inconsistencies in the zoning, which should be cleaned
up; and, suggested removal of the CCR zone on Attachment 1.
Councilmember Baxley stated the 30% lot coverage would severely restrict the small lots
and small houses in the City; whereas, the 50% lot coverage would allow a dwelling that
is half the size of the primary dwelling which meets the criteria. He suggested if
someone wants a 900 square foot dwelling that would require an over-the-counter permit
with a 50% limitation. If someone wants a dwelling that is larger than 900 square feet or
50% of the existing living areas of the primary living unit, then a Conditional Use Permit
would be required with a review by the Planning Commission.
Councilmember DeMeritt stated the City should preserve small older homes in the City;
and the 50% rule would help restore smaller homes.
Mayor Peters stated lot coverage would be based on zoning. She said she supports the
50% lot coverage, and noted the CC&R's should be left in.
MOTION: Councilmember Baxley moved the City Council: 1) accept the Planning
Commission's recommendations to adopt the proposed Ordinance No. 507
with the amendments made by the City Council at the April 11, 2005
meeting; 2) further amend Attachment 1, Section C to read "The
maximum floor area of a second unit shall not exceed 900 square feet, or
50% of the existing or proposed living areas of the primary dwelling unit
...'; 3) approve the Negative Declaration; and, 4) return the introduction
and first reading of Ordinance No. 507 to the May 9, 2005 City Council
meeting. The motion was seconded by Councilmember DeMeritt and
carried unanimously. (5-0)
Mayor Peters called for a break at 8:15 p.m.; the meeting resumed at 8:25 p.m.
B-4 REPORT ON PUBLIC SERVICES FEE STUDY, POTENIAL FEE
ADJUSTMENTS AND COST RECOVERY ISSUES; (PUBLIC SERVICES)
Public Services Director Bruce Ambo stated the City Council discussed this item in June,
July and August 2004. There was concern among Council that the increases outlined in
the fee study were substantial in many cases, and in a few cases overcharges were
® identified, and/or new fees were added that are not currently charged. A comparative
I1.
® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — APRIL 25, 2005
analysis of fees in other jurisdictions was conducted and found that the Morro Bay fees
were in most cases considerably lower, and even if increased to the extent recommended
by the consultant, would be on par with other similar jurisdictions. Staff was directed to
reexamine the fees and return with a more limited program of potential fee increases in
either fee amount or type of fee. On August 23, 2004, the Council increased seven key
planning fees that generally accounts for about 80% of the workload. These fees include:
1) Conditional Use Permits; 2) Minor Use Permits; 3) Coastal Permits — Administrative;
4) Variance Applications; 5) Variances with other Permits; 6) Tentative Parcel Maps; and
7) Tentative Tract Maps. Increasing development fees places more of the cost burden on
those directly benefiting from the development proposal and reduces the general public
expense or subsidy. Funds currently subsidizing development review and related
activities could be spent on other critical General Fund services including emergency
services, recreation, road repair, transit, and the like. Nearly all of Morro Bay's fees are
comparatively lower than similar jurisdictions, and with the fee increases, would be on
par with other communities. Mr. Ambo recommended the City Council open the public
hearing and receive input on the recommended Public Services fee increases; provide
further direction on other fee increases or reductions deemed appropriate; and, adopt
Resolution No.18-05 adopting changes to the Morro Bay Master Fee Schedule.
® Mayor Peters opened the hearing for public comment.
1
Cathy Novak requested the City Council proceed with caution when considering these
fees. She noted there are some cases where a variance is due to location of the house.
Ms. Novak requested Council do not go across the board with these fees.
Mayor Peters closed the public comment hearing.
Consensus of the City Council was to increase the appeal fee by 20% in order to maintain
citizen participation.
MOTION: Councilmember Winholtz moved the City Council adopt Resolution No.
18-05 approving the Public Services Master Fee Schedule with a 20%
increase to the appeal fees. The motion was seconded by Councilmember
DeMeritt and carried with Councilmember Baxley voting no. (4-1)
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MINUTES - MORRO BAY CITY COUNCIL
® REGULAR MEETING — APRIL 25, 2005
C. UNFINISHED BUSINESS
C-1 CONSIDERATION OF PUBLIC WORKSHOP ON DOWNTOWN DESIGN;
(PUBLIC SERVICES)
Public Services Director Bruce Ambo stated the topic of downtown development and
visioning was originally raised on November 8, 2004 when the City Council added a
future agenda item for discussion on the review process for mixed -use projects. Mixed -
use projects are a key component and tool to revitalizing a community and strengthening
its downtown. In an effort to avoid incrementally isolating certain portions of the
codelpolicies without regard to other areas that may be affected, staff has provided the
attached memo that identifies an opportunity to develop a long-term vision for the
downtown area, which includes an emphasis and reliance on mixed -use projects. In
many instances, the current code is a product of years of incremental amendments that
have caused a ripple of unintended consequences in our regulatory framework. Other
influences on downtown mixed -use projects involve zoning and development standards,
affordable housing, parking provisions, economic development and redevelopment
incentives, retail/commercial/residential mix, identity branding, and the like. Looking
only at mixed -use projects without clear expectations on the overall context of downtown
® development may only get at part of the problems and could cause others to arise. Mr.
Ambo recommended the City Council discuss this item and provide direction
accordingly.
11
Councilmember DeMeritt stated she would like to encourage businesses in the downtown
area that attract visitors, instead of service -oriented businesses. She said she is
encouraged that downtown merchants want to enhance the downtown businesses.
Councilmember DeMeritt stated a consultant is not necessary to assist in enhancing the
downtown.
Councilmember Peirce stated the City needs help with the design criteria of the
downtown area. He said he would like to have another RUDAT study prepared.
Councilmember Winholtz stated the merchants have an idea of what they would like to
see in the downtown area, and the City should consider their ideas before a formal design
is considered.
Councilmember Baxley stated the City should tweak the developers in order to come up
with a product that the City likes, and they pay for it. He said this should be done after
the budget and zoning ordinance is approved.
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MINUTES - MORRO BAY CITY COUNCIL
® REGULAR MEETING — APRIL 25, 2005
Mayor Peters stated bathrooms and parking are currently the most important issues in the
downtown area. She said the parking in -lieu funds could be used for parking in
downtown area.
The City Council requested staff track this public workshop for September 2005.
No further action was taken on this item.
D. NEW BUSINESS
D-1 DISCUSSION ON COUNCIL PREPARATION FOR CAYUCOS SANITARY
DISTRICT JOINT POWERS AUTHORITY MEETINGS; (CITY COUNCIL)
WWTP Manager Bruce Keogh stated at the April 11, 2005 City Council meeting, there
was discussion concerning the issue of reviewing the Joint Powers Agreement (JPA)
agenda packet at a City Council meeting prior to the next JPA meeting. This report deals
with the preparation of the City Council for JPA meetings with the Cayucos Sanitary
District. Per the JPA, the City and Council and the Sanitary District Board "shall
regularly schedule joint meetings of their respective bodies at least quarterly to discuss
® and provide policy direction". Currently, JPA agenda packets are distributed two weeks
prior to the JPA meeting. If Council Members have questions about items in the agenda
packet, the Council Member can contact staff to request additional information. The City
Council has not previously held a formal meeting to consider the JPA meeting agenda
items prior to the actual meeting. The Council has occasionally met in Closed Session on
specific issues prior to a JPA meeting. The Cayucos Sanitary District at present has no
formal policy in place regarding meeting prior to the JPA meeting. However, the District
does regularly meet to review and discuss the agenda packet. This is done to ensure that
the Board members are prepared prior to attending the JPA meeting. This preparation
has on many occasions allowed the District to present a unified voice related to decision
at the joint meeting. In general, the District discusses the JPA agenda packet at their
regularly scheduled meeting date. Sometimes the District will also schedule a special
meeting just prior to the JPA meeting. Mr. Keogh recommended the City Council review
the alternatives, and provide staff with direction for Council preparation for the JPA
meetings with the Cayucos Sanitary District.
Consensus of the City Council was to schedule a pre -meeting two hours prior to. the
meeting with the Cayucos Sanitary District.
No further action was taken on this item.
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13
® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — APRIL 25, 2005
D-2 RESOLUTION NO. 17-05 ADOPTING THE FISHERMEN'S DOCK LEASE
RENEWAL AT LEASE SITE 130W-132W LOCATED AT 1235
EMBARCADERO; (HARBOR)
Harbor Director Rick Algert stated in early 2004, the City purchased the
equipment/assets of Driscoll's Wharf Morro Bay on Lease Sites 129W-133W. On April
12, 2004, the City approved a one-year lease with the Morro Bay Commercial
Fisherman's Organization (MBCFO) for operation of a community fish buying station on
Lease Sites 130W-132W. Lease Site 129W is dedicated to development of an ice -
making machine for the commercial fishing industry and Lease Site 133 W holds the fish
market building, which was leased separately to another party. The MBCFO staff is
proposing a continuation of the exiting operation on Lease Site 130W-132W. Ultimately,
staff and MBCFO hope to work up a plan to pay the City's harbor fund back for the cost
of the equipment/assets purchased in 2004 if this business arrangement is to continue into
the long-range future. The MBCFO has done a good job operating the dock, but the
uncertainties of the commercial fishing industry and the financial result of the first year
do not merit any thing other than a carryover of existing terms at this time. Mr. Algert
recommended the City Council adopt Resolution No. 17-05 authorizing the Mayor to
execute a new lease agreement with the MBCFO to continue their operations at the
® Fisherman's Dock located at Lease Site 130W-132W, 1235 Embarcadero.
MOTION: Councilmember Baxley moved the City Council Adopt Resolution No. 17-
05 approving the Fishermen's Dock Lease Renewal at Lease Site 130W-
132W located at 1235 Embarcadero. The motion was seconded by
Councilmember Peirce and carried unanimously. (5-0)
D-3 DISCUSSION ON THE FUTURE USE OF RECENTLY -VACATED CITY
PROPERTY AT THE WESTERLY END OF TIDELANDS PARK;
(RECREATION & PARKS)
Recreation & Parks Director Andrea Lucker stated in 2002, City staff became aware that
the Tidelands Park fence constructed at the time of the Tidelands Park boundary
settlement agreement in the mid-1980's actually enclosed a small portion of City -
managed Tidelands property. During the Tidelands Park boundary settlement negotiation
in the early 1980's, the three property owners of the homes above the approximately
5,000 square feet of land in question desired to maintain use of the Tidelands in front of
their homes for the life of the settlement agreement (25 years ending in 2008). It was
detailed in the boundary settlement agreement that the City would construct the fence to
enclose the 5,000 square feet and they were to sign a lease and pay a fixed rent of
approximately $900 per year. Unfortunately, final execution of the leases and collection
of rent did not occur. The City corresponded with the property owners and offered to
® recommend Council approval if they would pay back rent. Apparently, the property
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® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — APRIL 25, 2005
ownership situation was a surprise to the property owners and they declined the City's
offer. In July 2004, the property owners were sent a demand to vacate the property. The
property has now been vacated and the City has constructed a new fence on the true
boundary between the private upland parcels and the Tidelands. The old fence remains in
place at this time so a difference may not have been noticed even by looking at the very
southern comer of the boat launch ramp area. Ms. Lueker recommended the City
Council direct staff to remove only the old fence and open the area to passive recreation,
leaving the existing parking spaces and not completing any improvements to the area
until funding becomes available.
MOTION: Councilmember Peirce moved the City Council direct staff to remove only
the old fence and open the area to passive recreation, leaving the existing
parking spaces and not completing any improvements to the area until
funding becomes available. The motion was seconded by Councilmember
Baxley and carried with Councilmember Winholtz voting no. (4-1)
D4 CONSIDERATION OF SENDING A COUNCIL PERSON TO THE LEAGUE
OF CALIFORNIA CITIES "ACTION DAYS'; (CITY COUNCIL)
® MOTION: Councilmember Winholtz moved the City Council authorize Mayor
Peter's attendance at the League of California Cities "Action Days". The
motion was seconded by Councilmember Peirce and carried unanimously.
(5-0)
D-5 DISCUSSION TO CONSIDER AND SCHEDULE ADDITIONAL BUDGET
WORKSHOP; (CITY COUNCIL)
The City Council scheduled a Budget Workshop for May 16, 2005 starting at 6:00 p.m.
and to be held in the Community Center Multi -Purpose Room.
ADJOURNMENT
The meeting adjourned at 10:11 p.m.
Recorded by:
Bridgett Bauer
City Clerk
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15
® City of Morro Bay
City Council Agenda
Mission Statement
The City of Morro Bay is dedicated to the preservation and enhancement of the quality
of life. The City shall be committed to this purpose and will provide a level of
municipal service and safety consistent with and responsive to the needs of the public.
REGULAR MEETING — APRIL 11, 2005
CLOSED SESSION — APRIL 11, 2005
CITY HALL CONFERENCE ROOM - 5:00 P.M.
595 HARBOR ST., MORRO BAY, CA
CS-1 GOVERNMENT CODE SECTION 54956.8; REAL 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.
• Property: Lease Site: Outfall Line
Negotiating Parties: City and Duke Energy
Negotiations: Lease Terms and Conditions
CS-2 GOVERNMENT CODE SECTION 54956.9. CONFERENCE WITH
LEGAL COUNSEL DUE TO ANTICIPATED LITIGATION. Initiation of
litigation exists based upon existing facts and the advice of legal counsel as to
one matter. ,
• Parties: City of Morro Bay and Duke Energy
Issue: Filing of Unlawful Detainer Action to Evict Duke from the
OutFall Line.
CS-3 GOVERNMENT CODE SECTION 54957.6; CONFERENCE WITH
LABOR NEGOTIATOR. Conference with City Manager, the City's
Designated Representative, for the purpose of reviewing the City's position
regarding the terms and compensation paid to employees and giving instructions
to the Designated Representative.
IT IS NOTED THAT THE CONTENTS OF CLOSED SESSION MEETINGS
® ARE CONFIDENTIAL AND EXEMPT FROM DISCLOSURE.
® PUBLIC SESSION — APRIL 11, 2005
VETERANS MEMORIAL HALL - 6:00 P.M.
209 SURF ST., MORRO BAY, CA
ESTABLISH QUORUM AND CALL TO ORDER
MOMENT OF SILENCE
PLEDGE OF ALLEGIANCE
MAYOR AND COUNCILMEMBERS ANNOUNCEMENTS & PRESENTATIONS
CLOSED SESSION REPORT
PUBLIC COMMENT PERIOD - Members of the audience wishing to address the
Council on City business matters (other than Public Hearing items under Section B) may
do so at this time.
To increase the effectiveness of the Public Comment Period, the following rules shall be
followed:
• When recognized by the Mayor, please come forward to the podium and state
your name and address for the record. Comments are to be limited to three
minutes.
• All remarks shall be addressed to Council, as a whole, and not to any
individual member thereof.
® • The Council respectfully requests that you refrain from making slanderous,
profane or personal remarks against any elected official, commission and/or
staff.
• Please refrain from public displays or outbursts such as unsolicited applause,
comments or cheering.
• Any disruptive activities that substantially interfere with the ability of the City
Council to carry out its meeting will not be permitted and offenders will be
requested to leave the meeting.
• Your participation in City Council meetings is welcome and your courtesy
will be appreciated.
In compliance with the Americans with Disabilities Act, if you need special assistance to
participate in this meeting, please contact the City Clerk, (805) 772-6205. Notification 72
hours prior to the meeting will enable the City to make reasonable arrangements to ensure
accessibility to this meeting.
COUNCIL DECLARATION OF FUTURE AGENDA ITEMS
A. CONSENT CALENDAR
Unless an item is pulled for separate action by the City Council, the following actions are
approved without discussion.
2
A-1 MINUTES FOR THE MARCH 14, 2005 AND MARCH 28, 2005 REGULAR
MEETINGS; (ADMINISTRATION)
RECOMMENDATION: Approve as submitted.
A-2 RESOLUTION NO. 13-05 APPROVING ACCEPTANCE OF FINAL MAP FOR
APPROVED FIVE -LOT RESIDENTIAL DEVELOPMENT LOCATED AT
2756 ALDER AVENUE; (PUBLIC SERVICES)
RECOMMENDATION: Adopt Resolution No. 13-05.
A-3 APPOINTMENT OF VOTING DELEGATES TO THE CALIFORNIA JOINT
POWERS INSURANCE AUTHORITY; (ADMINISTRATION)
RECOMMENDATION: Appoint Mayor Peters as the official representative of
the City on the California Joint Powers Insurance Authority; and,
appoint the City Manager, City Attorney and Finance Director as
alternates.
A-4 RESOLUTION NO. 14-05 APPROVING ASSIGNMENT OF THE LEASE
AGREEMENT FOR LEASE SITE 52-52W (TENANT REG WHIBLEY,
ASSOCIATED PACIFIC CONSTRUCTORS) AT 495 EMBARCADERO;
(HARBOR)
® RECOMMENDATION: Adopt Resolution No. 14-05.
A-5 PROCLAMATION DECLARING APRIL 29, 2005 AS "ARBOR DAY';
(ADMINISTRATION)
RECOMMENDATION: Adopt Proclamation.
A-6 PROCLAMATION DECLARING APRIL 2005 AS "MONTH OF THE CHILD";
(RECREATION & PARKS)
RECOMMENDATION: Adopt Proclamation.
A-7 PROCLAMATION DECLARING APRIL 2005 AS "FINANCIAL LITERACY
MONTH'; (ADMINISTRATION)
RECOMMENDATION: Adopt Proclamation.
11
3
® B. PUBLIC HEARINGS. REPORTS & APPEARANCES
B-I RESOLUTION NO. 12-05 APPROVING HARBOR DEPARTMENT COST OF
LIVING ADJUSTMENTS TO FEES AND SERVICE CHARGES; (HARBOR)
RECOMMENDATION: Adopt Resolution No. 12-05.
B-2 ORDINANCE NO. 507 AMENDING THE LOCAL COASTAL PROGRAM
AND ZONING ORDINANCE (MORRO BAY MUNICIPAL CODE TITLE 17)
RELATING TO THE SECOND DWELLING UNIT/GUEST HOUSE
PROVISIONS WITHIN THE CITY LIMITS OF MORRO BAY -
INTRODUCTION AND FIRST READING; (PUBLIC SERVICES)
RECOMMENDATION: Approve first reading and introduction of Ordinance
No. 507.
B-3 APPEAL OF THE PLANNING COMMISSION'S DENIAL OF A SETBACK
VARIANCE AT 3190 MAIN STREET; (PUBLIC SERVICES)
RECOMMENDATION: Deny the appeal and uphold the Planning Commission's
decision to deny the variance.
B-4 PUBLIC HEARING ON PROPOSED UPDATE TO THE ZONING
® ORDINANCE, ZONING MAP AND ACCOMPANYING NEGATIVE
DECLARATION; (PUBLIC SERVICES)
RECOMMENDATION: Open the public hearing; identify suggested changes;
and, continue the public hearing to a special meeting on a date to be
determined by Council.
C. UNFINISHED BUSINESS — NONE.
D. NEW BUSINESS
D-I REPORT FROM CONSULTANT PRESENTING FIRE STATION 53 DESIGN
CONCEPT; (FIRE)
RECOMMENDATION: Receive report from consultant; and, direct staff to
proceed with the applications for permits and preparation for construction
plans, specifications and estimates for the replacement apparatus bay based
upon the wood -framed construction option and final design report.
D-2 DISCUSSION OF COST -SAVING ALTERNATIVES FOR TROLLEY
PROGRAM; (ADMINISTRATION)
RECOMMENDATION: Discuss and direct staff accordingly.
C!
® D-3 REPORT ON CREEK MAINTENANCE AND FLOOD PROTECTION;
(PUBLIC SERVICES)
RECOMMENDATION: Discuss and direct staff accordingly.
D-4 CONSIDERATION OF PUBLIC WORKSHOP ON DOWNTOWN DESIGN;
(PUBLIC SERVICES)
RECOMMENDATION: Discuss and direct staff accordingly.
D-5 APPROVAL OF SETTLEMENT AGREEMENT BETWEEN THE CITY OF
MORRO BAY AND DAVID AND DIANA RAVINS; (CITY ATTORNEY)
RECOMMENDATION: Approve the settlement agreement between the City and
David and Diana Ravins.
E. ADJOURNMENT
THIS AGENDA IS SUBJECT TO AMENDMENT UP TO 72 HOURS PRIOR TO
® THE DATE AND TIME SET FOR THE MEETING. PLEASE REFER TO THE
AGENDA POSTED AT CITY HALL FOR ANY REVISIONS OR CALL THE
CLERK'S OFFICE AT 772-6200 FOR FURTHER INFORMATION.
COPIES OF STAFF REPORTS OR OTHER PUBLIC DOCUMENTATION
RELATING TO EACH ITEM OF BUSINESS REFERRED TO ON THIS
AGENDA ARE ON FILE IN THE OFFICE OF THE CITY CLERK AND
AVAILABLE FOR PUBLIC INSPECTION AND REPRODUCTION AT COST AT
CITY HALL, LIBRARY, AND MILLS STATIONERY.
IN COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT, IF
YOU NEED SPECIAL ASSISTANCE TO PARTICIPATE IN A CITY MEETING,
PLEASE CONTACT THE CITY CLERK'S OFFICE AT LEAST 24 HOURS
PRIOR TO THE MEETING TO INSURE THAT REASONABLE
ARRANGEMENTS CAN BE MADE TO PROVIDE ACCESSIBILITY TO THE
MEETING.
11
MINUTES - MORRO BAY CITY COUNCIL
CLOSED SESSION — APRIL 11.2005
CITY HALL CONFERENCE ROOM - 5:00 P.M.
Mayor Peters called the meeting to order at 5:00 p.m.
PRESENT: Janice Peters Mayor
ABSENT:
STAFF
CLOSED SESSION
Thad Baxley
Melody DeMeritt
Betty Winholtz
William Peirce
Robert Hendrix
Robert Schultz
Councilmember
Councilmember
Councilmember
Councilmember
City Manager
City Attorney
MOTION: Councilmember Baxley moved the meeting be adjourned to Closed
Session. The motion was seconded by Councilmember Winholtz and
unanimously carried. (4-0)
Mayor Peters read the Closed Session Statement.
CS-1 GOVERNMENT CODE SECTION 54956.8, REAL 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.
Property: Lease Site: Outfall Line
Negotiating Parties: City and Duke Energy
Negotiations: Lease Terms and Conditions
CS-2 GOVERNMENT CODE SECTION 54956.9; CONFERENCE WITH
LEGAL COUNSEL DUE TO ANTICIPATED LITIGATION. Initiation of
litigation exists based upon existing facts and the advice of legal counsel as to
one matter.
Parties: City of Morro Bay and Duke Energy
Issue: Filing of Unlawful Detainer Action to Evict Duke from the
OutFall Line.
CS-3 GOVERNMENT CODE SECTION 54957.6; CONFERENCE WITH
LABOR NEGOTIATOR Conference with City Manager, the City's
Designated Representative, for the purpose of reviewing the City's position
regarding the terms and compensation paid to employees and giving instructions
to the Designated Representative.
u
The meeting adjourned to Closed Session at 5:00 p.m. and returned to regular session at
5:50 p.m.
MOTION: Councilmember Baxley moved the meeting be adjourned. The motion was
seconded by Councilmember DeMeritt and unanimously carried. (4-0)
The meeting adjourned at 5:50 p.m.
I]
11
Cl
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — APRIL 11, 2005
VETERANS MEMORIAL HALL - 6:00 P.M.
Mayor Peters called the meeting to order at 6:00 p.m
PRESENT: Janice Peters
Mayor
Thad, Baxley
Councilmember
Melody DeMeritt
Councilmember
Betty Winholtz
Councilmember
ABSENT: William Peirce
STAFF: Robert Hendrix
Robert Schultz
Bridgett Bauer
Rick Algert
Bruce Ambo
Bill Boucher
Janeen Burlingame
Greig Cummings
Frank Cunningham
John DeRohan
Mike Pond
Mike Prater
Jim Koser
Andrea Lueker
Councilmember
City Manager
City Attorney
City Clerk
Harbor Director
Public Services Director
Capital Projects Manager
Management Analyst
Planning Manager
City Engineer
Police Chief
Fire Chief
Associate Planner
Finance Director
Recreation & Parks Director
ESTABLISH QUORUM AND CALL TO ORDER
MOMENT OF SILENCE
PLEDGE OF ALLEGIANCE
MAYOR'S REPORTS & ANNOUNCEMENTS
CLOSED SESSION REPORT - City Attorney Robert Schultz reported the City Council
met in Closed Session, and took action on Items CS-1 and CS-2 relating to the Duke
Energy Outfall Lease by directing staff to file an appeal with the Public Utilities
Commission; no reportable action under the Brown Act was taken on Item CS-3.
PUBLIC COMMENT
Susan Heinemann announced the Annual Garden Tour and Festival would be held on
April 24, 2005.
Hank Roth stated the next Neighborhood Watch informational meeting will be held on
April 27, 2005; Marc Godfrey, School Resource Officer will speak on the DARE
Program and the Juvenile Diversion Program.
t
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — APRIL 11, 2005
Keith Taylor, Member of the Friends of the Morro Bay Fire Department, stated their
organization is in support of building a complete new fire station. He suggested the City
sell the property at San Jacinto and Highway One with the proceeds going towards a new
fire station. Mr. Taylor stated the City should also set up a benefit assessment district to
pay for the debt of the new fire station. He said this would give the citizens the services
they need, and give the fire personnel a safe working environment.
Roger Ewing requested the City publicly notice all meetings on bluff top restrictions. He
also addressed Item D-4 (Consideration of Public Workshop on Downtown Design), and
urged Council to not hire a consultant, and create a workshop for public input.
Chuck Meissner referred to an article in The Tribune relating to Duke Energy. He said
the outfall was used for half a century by PG&E free of rent. Mr. Meissner stated that a
historical permanent free easement has been established. He requested the City Council
restart negotiations with Duke Energy, and work towards reaching an equitable
settlement.
® Joan Carter stated she is concerned with the City's budget, and requested the City obtain
information from other cities with comparable logistics. She said the City Council needs
sound and relevant information on which to act when reviewing the proposed budget in
June.
Jack McCurdy referred to a letter to Duke Energy from the City that states the City has an
obligation and responsibility to properly manage and administer Tidelands Trust property
that was granted to the City by the State. He said the administration of this public
property should be consistent with the terms of the trust and State laws.
Peter Risley stated the City's budget deficit is directly attributable to Duke Energy, which
had agreed to the lease and backed out leaving the City holding an empty bag. He said
CAPE is opposed to the outfall lease because of the long-term threat to the estuary. Mr.
Risley stated the citizens of Morro Bay should pay close attention to what Duke Energy
is up to, and how the City is trying to protect itself.
Mandy Davis addressed information set forth by the Department of Fish & Game and two
local hunting associations regarding hunting in the back bay.
11
Dan Hoffman addressed the State Park Marina, stating the marina takes in $25,000 per
month; and the City has lost $500,000 — 750,000 in 20 years. He said the contract
between the City and State Parks and their vendor states the docks will be maintained in
good repair, and the docks are in disrepair. Mr. Hoffman stated State Parks is going to
request an audit. He said the City should get rid of the vendor, and employ a City
employee to maintain the docks.
Bill Woodson stated the Planning Commission attended an informational planning
workshop in San Luis Obispo. He asked how the solar panels are working at the
Recreation & Parks Department, and stated solar power will be required by all utilities in
the near future. Mr. Woodson referred to the Morro Bay/Cayucos Sanitary District JPA
meeting, and asked about the consultants report on the plans for the extended secondary
and tertiary treatment of the plant. He referred to the budget stating an organization chart
is in order.
Dave Nelson stated the City is selling the estuary to Duke Energy. He said the City
would make more than $2 million per year without the power plant, and save the City
from degradation of our environment.
Roy Kline stated the outfall lease should not be free, and Duke Energy should pay its
promised amount to the City. He said the City should not be in the position of Duke
Energy's financial position.
® Joey Racano stated with the single pass cooling intake that should have been extinct a
long time ago, Duke Energy sucks in and kills many of the estuary's sea creatures and
countless larvae. He said Duke Energy's reluctance to upgrade to more modem
technology should raise red flags in Morro Bay.
Noah Smukler addressed enhancing the estuary and maintaining the lifestyle we have.
He said he went on a tour of the City's Waste Water Treatment Plant that was very
interesting. Mr. Smukler requested the City Council not be so hasty to sign a contract
with Duke Energy.
Cherie Neal stated the Duke Energy Power Plant should leave the City. She said the
power plant is a relic for production of energy. Ms. Neal stated she is opposed to staffs
recommended changes to the regulations on granny units.
Mayor Peters closed the hearing for public comment.
5
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — APRIL 11, 2005
DECLARATION OF FUTURE AGENDA ITEMS
Councilmember Winholtz requested discussion on the Central American Fair Trade
Agreement (CAFTA), and would suggest the City send a letter to our federal officials
asking them to vote against the agreement due to its negative affects on local farms.
Councilmember Baxley requested the discussion on Council preparation for Cayucos
Sanitary District Joint Powers Authority Meetings; Mayor Peters and Councilmember
DeMeritt concurred.
Councilmember DeMeritt requested the discussion on City directional signs. Public
Services Director Bruce Ambo stated staff is already scheduling this item for Council's
review in the near future.
A. CONSENT CALENDAR
Unless an item is pulled for separate action by the City Council, the following actions are
® approved without discussion.
A-1 MINUTES FOR THE MARCH 14, 2005 AND MARCH 28, 2005 REGULAR
MEETINGS; (ADMINISTRATION)
RECOMMENDATION: Approve as submitted.
A-2 RESOLUTION NO. 13-05 APPROVING ACCEPTANCE OF FINAL MAP FOR
APPROVED FIVE -LOT RESIDENTIAL DEVELOPMENT LOCATED AT
2756 ALDER AVENUE; (PUBLIC SERVICES)
RECOMMENDATION: Adopt Resolution No. 13-05.
A-3 APPOINTMENT OF VOTING DELEGATES TO THE CALIFORNIA JOINT
POWERS INSURANCE AUTHORITY; (ADMINISTRATION)
RECOMMENDATION: Appoint Mayor Peters as the official representative of
the City on the California Joint Powers Insurance Authority; and, appoint
the City Manager, City Attorney and Finance Director as alternates.
Ci
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — APRIL 11, 2005
A4 RESOLUTION NO. 14-05 APPROVING ASSIGNMENT OF THE LEASE
AGREEMENT FOR LEASE SITE 52-52W (TENANT REG WHIBLEY,
ASSOCIATED PACIFIC CONSTRUCTORS) AT 495 EMBARCADERO;
(HARBOR)
RECOMMENDATION: Adopt Resolution No. 14-05.
A-5 PROCLAMATION DECLARING APRIL 29, 2005 AS "ARBOR DAY';
(ADMINISTRATION)
RECOMMENDATION: Adopt Proclamation.
A-6 PROCLAMATION DECLARING APRIL 2005 AS "MONTH OF THE CHILD";
(RECREATION & PARKS)
RECOMMENDATION: Adopt Proclamation.
A-7 PROCLAMATION DECLARING APRIL 2005 AS "FINANCIAL LITERACY
46 MONTH'; (ADMINISTRATION)
RECOMMENDATION: Adopt Proclamation.
Councilmember Winholtz pulled Items A -I and A-2 of the Consent Calendar; Mayor
Peters pulled Items A-5 and A-6; and, Councilmember DeMeritt pulled Item A-7.
MOTION: Councilmember Winholtz moved the City Council approve Items A-3 and
A-4 of the Consent Calendar. The motion was seconded by
Councilmember Baxley and carried unanimously. (4-0)
A-1 MINUTES FOR THE MARCH 14, 2005 AND MARCH 8, 2005 REGULAR
MEETINGS; (ADMINISTRATION)
Councilmember Winholtz proposed an amendment on page 9 of the March 14, 2005;
Council concurred.
MOTION: Councilmember Winholtz moved the City Council approve Item A -I of
the Consent Calendar as amended. The motion was seconded by
Councilmember DeMeritt and carried unanimously. (4-0)
7
® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — APRIL 11, 2005
A-2 RESOLUTION NO. 13-05 APPROVING ACCEPTANCE OF FINAL MAP FOR
APPROVED FIVE -LOT RESIDENTIAL DEVELOPMENT LOCATED AT
2756 ALDER AVENUE; (PUBLIC SERVICES)
Councilmember Winholtz stated she would be voting yes under protest of this item
because she feels it is not an acceptable project. She said this project is condemning
people who are buying these houses to live on substandard lots. Councilmember
DeMeritt concurred that she will also be voting yes under protest because it is not in
compliance with the zoning ordinance.
MOTION: Councilmember Baxley moved the City Council approve Item A-2 of the
Consent Calendar. The motion was seconded by Mayor Peters and carried
unanimously. (4-0)
A-5 PROCLAMATION DECLARING APRIL 29, 2005 AS "ARBOR DAY';
(ADMINISTRATION)
Mayor Peters pulled this item for public information.
® MOTION: Mayor Peters moved the City Council approve Item A-5 of the Consent
Calendar. The motion was seconded by Councilmember Winholtz and
carried unanimously. (4-0)
A-6 PROCLAMATION DECLARING APRIL 2005 AS "MONTH OF THE CHILD";
(RECREATION & PARKS)
Mayor Peters pulled this item for public information.
MOTION: Mayor Peters moved the City Council approve Item A-6 of the Consent
Calendar. The motion was seconded by Councilmember Winholtz and
carried unanimously. (4-0)
A-7 PROCLAMATION DECLARING APRIL 2005 AS "FINANCIAL LITERACY
MONTH'; (ADMINISTRATION)
Mayor Peters pulled this item for public information.
MOTION: Councilmember DeMeritt moved the City Council approve Item A-7 of
the Consent Calendar. The motion was seconded by Mayor Peters and
carried unanimously. (4-0)
9
® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — APRIL 11, 2005
Mayor Peters called for a break at 7:20 p.m.; the meeting resumed at 7:30 p.m.
B. PUBLIC HEARINGS, REPORTS & APPEARANCES
B-I RESOLUTION NO. 12-05 APPROVING HARBOR DEPARTMENT COST OF
LIVING ADJUSTMENTS TO FEES AND SERVICE CHARGES; (HARBOR)
Harbor Director Rick Algert stated the majority of Harbor Department fees and service
charges have not been adjusted since 1997-98. There were some adjustments made to
Slip and Mooring fees in 2001 and a Wharf fee was added as a new fee in 1999. The
Harbor Advisory Board recommended the City Council adopt the proposed fee schedule
and recommended the fees be reviewed and adjusted annually. Mr. Algert recommended
the City Council adopt Resolution No. 12-05 amending the City Master Fee
Schedule/Harbor fee section to reflect increases in the cost of living index and yield an
additional estimated $15,000 in fee revenues to the Harbor Fund.
Mayor Peters opened the hearing for public comment; there being no comments, Mayor
Peters closed the public comment hearing.
® Councilmember Winholtz suggested amendments to five of the Harbor fees; Council
concurred.
MOTION: Councilmember Winholtz moved the City Council adopt Resolution No.
12-05 amending the City Master Fee Schedule/Harbor fee section to
reflect increases in the cost of living index and yield an additional
estimated $15,000 in fee revenues to the Harbor Fund, and reflecting the
changes made by the City Council. The motion was seconded by
Councilmember DeMeritt and carried unanimously. (4-0)
B-2 ORDINANCE NO. 507 AMENDING THE LOCAL COASTAL PROGRAM
AND ZONING ORDINANCE (MORRO BAY MUNICIPAL CODE TITLE 17)
RELATING TO THE SECOND DWELLING UNIT/GUEST HOUSE
PROVISIONS WITHIN THE CITY LIMITS OF MORRO BAY -
INTRODUCTION AND FIRST READING; (PUBLIC SERVICES)
Associate Planner Mike Prater stated on February 14, 2005, the City Council enacted a
45-day moratorium on second dwelling units to allow the City time to develop more
effective land use standards. On February 21, 2005, the Planning Commission held a
public hearing to familiarize the Planning Commission and community with the current
State and local regulatory framework, and take public testimony on the topic of second
dwelling units. On March 7, 2005, staff sought policy direction from the Planning
® Commission on how best to achieve this objective. The Planning Commission provided
L9
® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — APRIL 11, 2005
valuable feedback as to what the proposed ordinance should entail. Since meeting with
the Planning Commission, staff has drafted an ordinance that satisfies Government Code
Section 65852.2 in balance with local land use needs and objectives. The City Attorney
has determined that the proposed amendments would satisfy the requirements of
Assembly Bill 1866. Mr. Prater recommended the City Council: 1) open the hearing for
public comment; 2) accept the Planning Commission recommendation to adopt the
proposed ordinance amendments to allow for ministerial secondary dwelling units in
residential zones; 3) approve the Negative Declaration; 4) make a motion to approve the
first reading and introduction of Ordinance No. 507 by number and title only; and 5)
continue this matter to the April 25, 2005 City Council meeting to conduct the second
reading and adoption of Ordinance No. 507.
Mayor Peters opened the hearing for public comment.
David Nelson stated more common sense and flexibility is needed on this issue based on
the individual lot size. He also said carports are ugly.
® John Barta referred to Government Code Section 65852.120 stating this is State law. He
said based on this law, the increased floor area of an attached second unit shall not
exceed 30%; and, the floor area of a detached second unit shall not exceed 1,200 square
feet.
u
Chuck Reasor requested the City Council approve this ordinance as presented by the
Planning Commission. He said there should be a limit on granny units based on the size
of the lot.
Roy Kline requested the City Council adopt the Planning Commission recommendations.
Bob Tefft reviewed numerous granny unit ordinances throughout the State. He said
parking is not currently allowed in the front yard setback in any area of the City. Mr.
TeflR requested the Council also not allow tandem parking in the City.
Mayor Peters closed the public comment hearing.
Councilmember Winholtz stated she supports the flexibility of this Ordinance in that a
second unit is based on the lot size. She said these secondary units should be geared for
that population who cannot afford a full-sized house.
10
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — APRIL 11, 2005
Councilmember Baxley stated the size of the lot would control the square footage of the
second unit, and he could support the 50% or 1,200 square foot limit as determined by
State law.
Councilmember DeMeritt stated the language "shall not exceed" in the State law allows
you to be under that amount of coverage within a reasonable limit. She said she does not
support tandem parking.
Mayor Peters suggested adding a condition that administrative permits would allow a 900
square foot maximum secondary unit, and a 1,200 square foot maximum secondary unit
would be allowed with a Conditional Use Permit. She also stated parking should be
provided, but not tandem parking.
Consensus of Council was parking should be provided except tandem parking.
MOTION: Councilmember Baxley moved the City Council continue this public
hearing to the April 25, 2005 City Council meeting with amendments
discussed by Council. The motion was seconded by Mayor Peters and
® carried with Councilmember Winholtz voting no. (3-1)
E
B-3 APPEAL OF THE PLANNING COMMISSION'S DENIAL OF A SETBACK
VARIANCE AT 3190 MAIN STREET; (PUBLIC SERVICES)
Planning Manager Greig Cummings stated on February 22, 2005, the Planning
Commission heard this item after continuing the hearing from the February 7, 2005
meeting at the applicant's request. On a vote of 3-0, the Planning Commission approved
the proposed development with some changes to the project as proposed by staff in the
conditions of approval. In approving the project, the Planning Commission felt that the
residential use was appropriate for this area of the MCR district. However, they did not
agree that the findings could be made for the variance and therefore denied the variance
request. The Planning Commission accepted staff s recommendation that the plans be
redrawn to meet all setback requirements and approved by the Public Services Director.
The proposed project consists of the demolition of an existing commercial building and
the construction of three single-family dwellings on three individual lots. The project is
within the MCR/R-4 zone, and the applicant requested a variance to the front setback for
the garage and second story living area, and for the exterior side setback on Main Street
for exterior stairs. The applicant has changed their request along with this appeal to ask
only for a change in the front setback from 20 feet to 15 feet for the garage. Mr.
Cummings recommended the City Council deny the appeal and uphold the Planning
Commission decision to deny the variance.
11
® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — APRIL 11, 2005
Cathy Novak, representing the applicant/appellant, stated this project proposes to
demolish an existing commercial building located on Main and Nassau Streets and
construct three new single-family homes. She said the project has been modified since
the Planning Commission hearing to eliminate the variance requests except for the garage
setback. Ms. Novak stated the City's Zoning Ordinance requires a 20-foot setback for
residential garages; in this case a special circumstance applies therefore, a variance is
requested for the reduction to a 15-foot setback.
Mayor Peters opened the hearing for public comment.
Dave Nelson stated this commercial building has employed people and paid taxes to the
City. He said the applicant wants to change this to strictly residential, which is not in the
best interest of the City. Mr. Nelson requested Council uphold the Planning
Commission's denial of this variance.
Chuck Reasor urged Council uphold Planning Commission's denial of the variance. He
said over the last ten years, the Planning Commission has maintained a variance as a right
instead of a special circumstance.
® Roy Kline addressed parking regulations and stated he has had to remove vehicles parked
in the street, which should be regulated throughout the City.
Randy Watterworth, applicant/appellant, stated he has never asked for a special privilege
in the ten years he has been building in Morro Bay. He requested the City Council
consider approving the variance for this project.
Mayor Peters closed the public comment hearing.
Councilmember Baxley stated he supports upholding the variance based on the findings
to support such variance.
Councilmember Winholtz expressed concern with the corner unit and not placing the
setback where it should be. She said she is also concerned with replacing the mixed -use
commercial zone with residential units.
Councilmember DeMeritt stated these homes are modest but have no character. She said
she does not support setback reductions, and expressed concern with the lack of parking.
Councilmember DeMeritt recommended placing a mixed -use project at this location. She
said she supports upholding the Planning Commission's denial of this variance request.
12
® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — APRIL I I, 2005
Mayor Peters stated the City should maintain the commercial pockets at street ends. She
suggested extending the five-foot setback by placing the washer and dryer in the garage.
Mayor Peters stated she supports upholding the Planning Commission's denial of this
variance request.
MOTION: Councilmember DeMeritt moved the City Council deny the appeal and
uphold the Planning Commission decision to deny the variance of a
setback at 3190 Main Street. The motion was seconded by
Councilmember Winholtz and carried unanimously. (4-0)
B-4 PUBLIC HEARING ON PROPOSED UPDATE TO THE ZONING
ORDINANCE; ZONING MAP AND ACCOMPANYING NEGATIVE
DECLARATION; (PUBLIC SERVICES)
Public Services Director Bruce Ambo stated the City Council held public hearings on the
update of the Zoning Ordinance, Zoning Map, and Environmental Document on January
25, February 14 and 28, and March 14, 28 and 30. At the March 30 special meeting,
working from the Planning Commission Addendum dated December 17, 2004; the
® Council worked up to the Planned Development Overlay, and left off at the Division IV
Regulations Applying in Some or All Districts. Staff was directed to analyze different
approaches to the PD Zone regulations and return with recommendations. At this
meeting, staff suggested Council discussion begin with the proposed changes to RM-A
(R-3) and RM-B (R4) Zones, and then going over the Commercial/Mixed-Use District
standards. Mr. Ambo recommended the City Council: 1) open the public hearing; b)
identify suggested changes; and, 3) continue the public hearing to a special meeting on a
date to be determined by Council.
Mayor Peters opened the hearing for public comment.
Robert Tefft stated the Planning Commission should review Conditional Use Permits,
and bluff development standards should be maintained as currently written.
Mayor Peters closed the public comment hearing.
MOTION: Mayor Peters moved the City Council continue this public hearing on
proposed update to the Zoning Ordinance, Zoning Map and accompanying
Negative Declaration to May 4, 2005. The motion was seconded by
Councilmember Winholtz and carried unanimously. (4-0)
Mayor Peters called for a break at 9:20 p.m.; the meeting resumed at 9:30 p.m.
13
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — APRIL 11, 2005
C. UNFINISHED BUSINESS — NONE.
D. NEW BUSINESS
D-I REPORT FROM CONSULTANT PRESENTING FIRE STATION 53 DESIGN
CONCEPT; (FIRE)
Capital Projects Manager Bill Boucher stated the San Simeon Earthquake rendered the
Fire Department apparatus bay unusable and it has been cordoned off for almost 1-1/2
years, with fire vehicles and equipment housed in fabric tents. As part of the earthquake
recovery efforts, the City secured a grant from the State Office of Emergency Services
that will pay for 75% of the costs for a replacement apparatus bay, including design. The
City contracted with the architectural firm of Fraser-Seiple of San Luis Obispo, to
prepare a design for the building. They have completed the draft design report, including
a site plan and proposed architectural style of the building, and seek City Council
approval of the design concept and authorization to proceed with applications for needed
permitting and preparation of construction plans and specifications. The replacement of
the apparatus bay at Fire Station 53 involves placing a new equipment storage building,
® with a 50+ year expected service life, on property where a full replacement fire station
can be -anticipated as a goal for the "relatively near" future. As such, placing the new
building in a location where it would interfere with the eventual redevelopment of the
property should be avoided. Staffs approach was to prepare a master site plan
employing criteria set by Fire Department personnel and industry standards and place the
apparatus bay where it would fit with both current and future sign configurations. Mr.
Boucher recommended the City Council: 1) receive the consultant's presentation; and, 2)
direct staff to proceed with the applications for permits and preparation of construction
plans, specifications and estimates for the replacement apparatus bay based on the wood -
framed construction option and final design report.
11
MOTION: Councilmember Winholtz moved the City Council direct staff to proceed
with the applications for permits and preparation of construction plans,
specifications and estimates for the replacement apparatus bay based on the
wood -framed construction option and final design report. The motion was
seconded by Councilmember DeMeritt and carried unanimously. (4-0)
14
® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — APRIL 11, 2005
D-2 DISCUSSION OF COST -SAVING ALTERNATIVES FOR TROLLEY
PROGRAM; (ADMINISTRATION)
Management Analyst Janeen Burlingame stated the trolley season operates over two
fiscal years. Given the constrained budget situation facing the City for fiscal year
2005/06, changes made to the 2005 season would have impacts to both the current and
next fiscal years. The currently adopted Transit Development Plan establishes a
performance standard of 20 passengers per vehicle service hour for the trolley service.
Since two routes were established in 2001, the trolley has achieved 14 passengers per
vehicle service hour in 2004, 12 in 2003 and 14 in both 2002 and 2001; each year with
different operating days and hours. Although the 2004 trolley season had the highest
ridership since two routes were established in 2001, there has been a 38% increase in
vehicle service hours between 2001 and 2004, but no increase in the number of
passengers per vehicle hour being achieved. Additional days or hours over the years, has
not translated into more passengers per vehicle service hour. Ms. Burlingame
recommended the City Council: 1) start service on Memorial Day weekend (May 28); 2)
eliminate service on Tuesdays, Wednesdays and Thursdays; 3) stop Monday service at
5:00 p.m.; 4) select the desired fare structure; and, 5) provide additional direction to staff
® regarding the 2005 season as necessary.
MOTION: Councilmember Baxley moved the City Council direct staff to: 1) start
service on Memorial Day weekend (May 28); 2) eliminate service on
Tuesdays, Wednesdays and Thursdays; 3) stop Monday service at 5:00
p.m.; 4) administer the fee of .50 per ride and $1.00 per day; and, 5)
surplus and sell the 1985 trolley. The motion was seconded by
Councilmember DeMeritt and carried with Mayor Peters voting no. (3-1)
D-3 REPORT ON CREEK MAINTENANCE AND FLOOD PROTECTION;
(PUBLIC SERVICES)
City Engineer Frank Cunningham stated in October 1988, the City of Morro Bay and
California Department of Fish & Game entered into a Memorandum of Understanding
(MOU) to allow City crews to routinely perform creek maintenance under certain
conditions and make payment of the associated fees set by Fish & Game. Since then, the
City has been maintaining proper creek flows by removing vegetation and debris that
accumulates in the creeks. City staff has not routinely acquired permission to enter these
creeks, which are mostly on private property. Many citizens have grown accustom to the
City providing this service and have even complained when the service is delayed or
reduced. The City typically utilizes inexpensive, trained crews from the California
Department of Forestry and then submits quarterly reports identifying the location and
description of the recently completed work, and pays the required fees to Fish & Game as
15
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — APRIL 11, 2005
specified in the MOU. On July 9, 2001, the City received a letter from the Fish & Game
Regional Manager stating the MOU had expired. Staff has been pursuing the new
required "Streambed Alteration Permit" from Fish & Game. This permit process requires
the preparation of a Biological Resource Survey Report, Initial Study/Environmental
Documents, and Creek Maintenance and Management Plan prior to submitting the permit
application to Fish & Game. The estimated cost of continuing to perform this creek
maintenance service is expected to increase significantly as a result of the permit process
and numerous permit conditions. Due to current budget shortfalls, City departments have
been evaluating various operations and programs that have to compete for limited funds.
Creek maintenance funding has typically been paid out of the Street Maintenance Fund.
This fund as been reduced significantly over the past three years. Programs such as street
repairs, sidewalk repairs, ADA compliance and street tree maintenance have all been
reduced accordingly. In evaluating the creek maintenance program, other concerns began
to surface in addition to cost recovery. Public safety is the City's highest priority and
flooding prevention is critical. City liability, private property right -of -entry issues, and
the sensitive environment of these creeks also require consideration. Mr. Cunningham
recommended the City Council direct staff to study alternatives for minimizing City
liability and recovering costs; meet with property owners along creeks and drainages to
® discuss options and receive input; report findings back to City Council; and/or provide
further direction.
MOTION: Mayor Peters moved the City Council: 1) direct staff to study alternatives
for minimizing City liability and recovering costs; 2) meet with property
owners along creeks and drainages to discuss options and receive input;
and 3) report findings back to City Council and/or provide further
direction. The motion was seconded by Councilmember Baxley and
carried unanimously. (4-0)
D-4 CONSIDERATION OF PUBLIC WORKSHOP ON DOWNTOWN DESIGN;
(PUBLIC SERVICES)
Public Services Director Bruce Ambo stated the topic of downtown development and
visioning was originally raised on November 8, 2004, when the City Council added a
future agenda item for discussion on the review process for mixed -use projects. Mixed -
use projects are a key component and tool to revitalizing a community and strengthening
its downtown. In many instances, the current code is a product of years of incremental
amendments that have caused a ripple of unintended consequences in our regulatory
framework. Other influences on downtown mixed -use projects involve zoning and
development standards, affordable housing, parking provisions, economic development
and redevelopment incentives, retaillcommercial/residential mix, and identity branding.
is Mr. Ambo recommended the City Council discuss this item and direct staff accordingly
16
® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — APRIL 11, 2005
MOTION: Councilmember Winholtz moved the City Council continue this item to
the April 25, 2005 City Council meeting. The motion was seconded by
Councilmember DeMeritt and carried unanimously. (4-0)
D-5 APPROVAL OF SETTLEMENT AGREEMENT BETWEEN THE CITY OF
MORRO BAY AND DAVID AND DIANA RAVINS; (CITY ATTORNEY)
City Attorney Robert Schultz reviewed the incident that took place outside the Morro
Bay Harbor on August 15, 2000 wherein the two children of David and Diana Ravins
drowned under a capsized boat captained by Antonio Alvarez. Mr. Schultz stated the
reason the insurance carrier has decided to settle this case is due primarily to the fact that
the legal action was filed in federal court instead of state court. The plaintiffs were able
to file in federal court because the incident arose in navigable waters outside the City's
jurisdiction. Since the action was filed in federal court, federal maritime law applied to
this case as opposed to state law. Although the settlement agreement requires payment of
$2,200,000.00, the City's insurance carver will reimburse the City. However, if the City
Council does not approve the settlement agreement, the City would be responsible for all
® further legal fees and also for any damages awarded above $2,200,000.00 Mr. Schultz
recommended the City Council approve the settlement agreement between the City and
David and Diana Ravins.
MOTION: Councilmember Baxley moved the City Council approve the settlement
agreement between the City and David and Diana Ravins in the amount of
$2,200,000.00. The motion was seconded by Councilmember DeMeritt
and carried unanimously. (4-0)
ADJOURNMENT
The meeting adjourned at 10:59 pm
Recorded by:
Bridgett Brauer
City Clerk
r� L
17
NOTICE OF CONTINUED
PUBLIC HEARING
NOTICE IS HEREBY GIVEN that the Morro Bay City Council will
be holding a Continued Public Hearing on Wednesday, March 30, 2005
at 6:00 a.m. to be held in the Veterans' Memorial Building, 209 Surf Street,
Morro Bay, California. The City Council will be considering the following
item:
CONTINUED PUBLIC HEARING ON THE PROPOSED UPDATE TO
THE ZONING ORDINANCE, ZONING MAP AND ACCOMPANYING
NEGATIVE DECLARATION
® DATED: March 29, 2005
MINUTES — MORRO BAY CITY COUNCIL
SPECIAL MEETING — MARCH 30, 2005
VETERANS MEMORIAL HALL — 6:00 P.M.
Mayor Peters called the meeting to order at 6:05 p.m.
Bruce Ambo led the Pledge of Allegiance.
PRESENT: Janice Peters
Mayor
Thad Baxley
Councilmember
Melody DeMeritt
Councilmember
William Peirce
Councilmember
Betty Winholtz
Councilmember
STAFF: Robert Hendrix
City Manager
Bruce Ambo
Public Services Director
Mike Prater
Associate Planner
Joan Drake
Administrative Technician
Note: Technical changes will be reflected in the next City Council addendum.
RM Zoning Designation
is Peters established there was concensus to use the designation of RM.
Peters opened the Public Hearing. Ray McKelligott suggested scrapping the RM and returning to
R-1, R-2, R-3 and R-4. Peters closed the public hearing.
Council directed staff to develop RM-A to represent the R-3 zone and RM-B to represent the R4
zone, using the original height, density and use limitations.
Commercial/Mixed-Use District
Councilmembers expressed concern over the 50 percent allowable space for residential use on
the Embarcadero.
Peters opened the Public Hearing. Bob Tefft agreed with Council's concern over the 50 percent
figure and also suggested all "L" designations be changed to "C" (CUP). McKelligott suggested
there be no residential use in any commercial zone. Roger Ewing agreed with those concerned
about the 50 percent limitation and reminded Council the work on this document was done by
the previous Planning Commission. Peters closed the Public Hearing and stated Council had
received input from some members of the new Planning Commission.
Winholtz and DeMeritt were in favor of elevating the review process for all mixed -use projects.
Ambo stated that would be contrary to Smart Growth principals. There was discussion on
® strengthening the regulations.
MINUTES — MORRO BAY CITY COUNCIL
Is SPECIAL MEETING — MARCH 30, 2005
Staff was directed to come back with enforceable guidelines, rewording for CVS, and
modifications to the L designations.
Public Facilities District
Peters opened the Public Hearing. There were no comments.
Council agreed to accept the changes.
Open Space and Parks Districts
Peters opened the Public Hearing. Tefft stated the ESH must be addressed more thoroughly.
Peters closed the Public Hearing.
Council directed staff to use the original language for paragraph A and to change the review
level for Golf Courses and Overnight RV Camping to C. Staff was asked to bring back the ESH
standards.
Agricultural District
® Peters opened the Public Hearing. There were no comments.
Council was concerned over the percentage of lot coverage for residences and other buildings
and asked staff to bring back language that would trigger public review.
Planned Development Overlav Zone
Peters opened the Public Hearing. McKelligott recommended getting rid of this zone. Teffl said
if kept, changes were needed so it couldn't be used just to increase size or get something that
wouldn't ordinarily be permitted. Peters closed the Public Hearing.
Winholtz and McDermitt favored getting rid of the zone. Ambo stated this would be a major
zoning change and was beyond the scope of this update project. Following discussion, Ambo
suggested passing the current recommendations, then coming back with a mapping amendment
and possibly looking into alternative regulatory approaches to the PD overlay. Peters suggested
the concept of a "floating" zone. Council agreed to accept the tighter standards, but re -address
the PD in the near future. McDermitt suggested visuals that show examples of public benefits.
Council continued the project to the next Regular City Council Meeting on April I I, 2005, at
which time it will set a specific date for further discussion.
E
City of Morro Bay
City Council Agenda
Mission Statement
The City of Morro Bay is dedicated to the preservation and enhancement of the quality
of life. The City shall be committed to this purpose and will provide a level of
municipal service and safety consistent with and responsive to the needs of the public.
REGULAR MEETING — MARCH 28, 2005
CLOSED SESSION — MARCH 28, 2005
CITY HALL CONFERENCE ROOM - 5:00 P.M.
595 HARBOR ST., MORRO BAY, CA
CS-1 GOVERNMENT CODE SECTION 54956.8, REAL 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.
• Property: Lease Site 87-88/87W-88W/ 831
Embarcadero/Outrigger Restaurant
Negotiating Parties: City and Violet League
Negotiations: Lease Terms and Conditions
CS-2 GOVERNMENT CODE SECTION 54956.9(a): CONFERENCE WITH
LEGAL COUNSEL REGARDING PENDING LITIGATION.
• Ravins vs. City of Morro Bay
IT IS NOTED THAT THE CONTENTS OF CLOSED SESSION MEETINGS
ARE CONFIDENTIAL AND EXEMPT FROM DISCLOSURE.
11
® PUBLIC SESSION — MARCH 28, 2005
VETERANS MEMORIAL HALL - 6:00 P.M.
209 SURF ST., MORRO BAY, CA
ESTABLISH QUORUM AND CALL TO ORDER
MOMENT OF SILENCE
PLEDGE OF ALLEGIANCE
MAYOR AND COUNCILMEMBERS ANNOUNCEMENTS & PRESENTATIONS
CLOSED SESSION REPORT
PUBLIC COMMENT PERIOD - Members of the audience wishing to address the
Council on City business matters (other than Public Hearing items under Section B) may
do so at this time.
To increase the effectiveness of the Public Comment Period, the following rules shall be
followed:
• When recognized by the Mayor, please come forward to the podium and state
your name and address for the record. Comments are to be limited to three
minutes.
• All remarks shall be addressed to Council, as a whole, and not to any
individual member thereof.
® • The Council respectfully requests that you refrain from making slanderous,
profane or personal remarks against any elected official, commission and/or
staff.
I•J
• Please refrain from public displays or outbursts such as unsolicited applause,
comments or cheering.
• Any disruptive activities that substantially interfere with the ability of the City
Council to carry out its meeting will not be permitted and offenders will be
requested to leave the meeting.
• Your participation in City Council meetings is welcome and your courtesy
will be appreciated.
In compliance with the Americans with Disabilities Act, if you need special assistance to
participate in this meeting, please contact the City Clerk, (805) 772-6205. Notification 72
hours prior to the meeting will enable the City to make reasonable arrangements to ensure
accessibility to this meeting.
COUNCIL DECLARATION OF FUTURE AGENDA ITEMS
A. CONSENT CALENDAR
Unless an item is pulled for separate action by the City Council, the following actions are
approved without discussion.
2
® A -I CASH & INVESTMENT REPORT — FEBRUARY 2005; (FINANCE)
RECOMMENDATION: Receive report for information.
A-2 RESOLUTION NO. 11-05 ADOPTING THE MID -YEAR BUDGET
ADJUSTMENTS AND POLICY ISSUES; (FINANCE)
RECOMMENDATION: Adopt Resolution No. 11-05.
A-3 REJECTION OF ICE -MAKING MACHINE BIDS; (HARBOR)
RECOMMENDATION: Reject all bids, and direct staff to re -advertise the dock
retrofit project.
A-4 PROCLAMATION DECLARING APRIL 2005 AS "FAIR HOUSING
MONTH'; (PUBLIC SERVICES)
RECOMMENDATION: Adopt the Proclamation.
B. PUBLIC HEARINGS, REPORTS & APPEARANCES
B-1 CONTINUED PUBLIC HEARING OF A FIVE -LOT RESIDENTIAL
COMMUNITY HOUSING AND MIXED -USE PROJECT PROPOSED AT 555
® MAIN STREET; (PUBLIC SERVICES)
RECOMMENDATION: Accept the Planning Commission's recommendation to
conditionally approve the project.
B-2 PUBLIC HEARING ON PROPOSED UPDATE TO THE ZONING
ORDINANCE, ZONING MAP AND ACCOMPANYING NEGATIVE
DECLARATION; (PUBLIC SERVICES)
RECOMMENDATION: Receive public comment; identify suggested changes;
and, continue public hearing to the April 11, 2005 City Council meeting, or
determine a date for a special workshop to discuss this issue.
B-3 ORDINANCE NO. 506 EXTENDING THE URGENCY INTERIM
ORDINANCE PROHIBITING THE ISSUANCE OF PERMITS FOR
SECONDARY DWELLING UNITS; (PUBLIC SERVICES)
RECOMMENDATION: Adopt Ordinance No. 506.
11
K
® B-4 RESOLUTION NO. 12-05 APPROVING HARBOR DEPARTMENT COST OF
LIVING ADJUSTMENTS TO FEES AND SERVICE CHARGES; (HARBOR)
RECOMMENDATION: Adopt Resolution No. 12-05 amending the Harbor Fee
Section of the City's Master Fee Schedule.
B-5 CONSIDERATION OF LOT LINE ADJUSTMENT, CONDITIONAL USE
PERMIT, COASTAL DEVELOPMENT PERMIT AND ROAD
ABANDONMENT APPLICATIONS TO ALLOW RENOVATIONS AND A
NEW 20,000 SQUARE FOOT RETAIL BUILDING AT 520 ATASCADERO
ROAD - MINER'S HARDWARE; (PUBLIC SERVICES)
RECOMMENDATION: Approve the conceptual plans based on the findings and
conditions adopted by the Planning Commission.
B-6 APPEAL OF PLANNING COMMISSION DECISION TO APPROVE A
COASTAL DEVELOPMENT PERMIT FOR THREE NEW DUPLEX
BUILDINGS AT 470-488 ROCKVIEW STREET; (PUBLIC SERVICES)
RECOMMENDATION: 1) Add a condition that prohibits the use of retaining
walls and fill outside the "footprint" of the proposed buildings; and 2) deny
the appeal.
® C. UNFINISHED BUSINESS
C-1 REVIEW OF ABANDONED BOAT ABATEMENT PROGRAM; (CITY
COUNCIL)
RECOMMENDATION: Discuss and direct staff accordingly.
C-2 REVIEW OF ABANDONED VEHICLE ABATEMENT PROGRAM; (CITY
COUNCIL)
RECOMMENDATION: Discuss and direct staff accordingly.
C-3 CONSIDERATION OF CREATING A CITY PUBLIC ART POLICY; (CITY
COUNCIL)
RECOMMENDATION: Discuss and direct staff accordingly.
r]
0
® D. NEW BUSINESS
D-I STAFF REPORT ON STATUS OF THE DONATION OF THE ROCK
SCULPTURE; (PUBLIC SERVICES)
RECOMMENDATION: Discuss and direct staff accordingly.
E. ADJOURNMENT
THIS AGENDA IS SUBJECT TO AMENDMENT UP TO 72 HOURS PRIOR TO
THE DATE AND TIME SET FOR THE MEETING. PLEASE REFER TO THE
AGENDA POSTED AT CITY HALL FOR ANY REVISIONS OR CALL THE
CLERK'S OFFICE AT 772-6200 FOR FURTHER INFORMATION.
COPIES OF STAFF REPORTS OR OTHER PUBLIC DOCUMENTATION
RELATING TO EACH ITEM OF BUSINESS REFERRED TO ON THIS
AGENDA ARE 'ON FILE IN THE OFFICE OF THE CITY CLERK AND
® AVAILABLE FOR PUBLIC INSPECTION AND REPRODUCTION AT COST AT
CITY HALL, LIBRARY, AND MILLS STATIONERY.
CJ
IN COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT, IF
YOU NEED SPECIAL ASSISTANCE TO PARTICIPATE IN A CITY MEETING,
PLEASE CONTACT THE CITY CLERK'S OFFICE AT LEAST 24 HOURS
PRIOR TO THE MEETING TO INSURE THAT REASONABLE
ARRANGEMENTS CAN BE MADE TO PROVIDE ACCESSIBILITY TO THE
MEETING.
5
® MINUTES - MORRO BAY CITY COUNCIL
CLOSED SESSION — MARCH 28, 2005
CITY HALL CONFERENCE ROOM - 5:00 P.M.
Mayor Peters called the meeting to order at 5:00 p.m.
PRESENT: Janice Peters
Mayor
Thad Baxley
Councilmember
Melody DeMeritt
Councilmember
William Peirce
Councilmember
Betty Winholtz
Councilmember
STAFF: Robert Hendrix
City Manager
Robert Schultz
City Attorney
CLOSED SESSION
MOTION: Councilmember Peirce moved the meeting be adjourned to Closed
Session. The motion was seconded by Councilmember Baxley and
unanimously carried. (5-0)
Mayor Peters read the Closed Session Statement.
® CS-1 GOVERNMENT CODE SECTION 54956.8: REAL 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.
• Property: Lease Site 87-88/87W-88W/ 831 Embarcadero/Outrigger
Restaurant
Negotiating Parties: City and Violet League
Negotiations: Lease Terms and Conditions
CS-2 GOVERNMENT CODE SECTION 54956.9(a): CONFERENCE WITH LEGAL
COUNSEL REGARDING PENDING LITIGATION.
• Ravins vs. City of Morro Bay
The meeting adjourned to Closed Session at 5:00 p.m. and returned to regular session at
5:25 p.m.
MOTION: Councilmember Peirce moved the meeting be adjourned. The motion was
seconded by Councilmember Winholtz and unanimously carried. (5-0)
The meeting adjourned at 5:25 p.m.
l
® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — MARCH 28, 2005
VETERANS MEMORIAL HALL - 6:00 P.M.
C
11
Mayor Peters called the meeting to order at 6:00 p.m.
PRESENT: Janice Peters Mayor
Thad Baxley
Melody DeMeritt
William Peirce
Betty Winholtz
STAFF: Robert Hendrix
Robert Schultz
Bridgett Bauer
Rick Algert
Bruce Ambo
Bill Boucher
Frank Cunningham
John DeRohan
Gary Kaiser
Steve Knuckles
Mike Prater
Jim Koser
ESTABLISH QUORUM AND CALL TO ORDER
MOMENT OF SILENCE
PLEDGE OF ALLEGIANCE
MAYOR'S REPORTS & ANNOUNCEMENTS
Councilmember
Councilmember
Councilmember
Councilmember
City Manager
City Attorney
City Clerk
Harbor Director
Public Services Director
Capital Projects Manager
City Engineer
Police Chief
Senior Planner
Acting Fire Chief
Associate Planner
Finance Director
CLOSED SESSION REPORT - City Attorney Robert Schultz reported the City Council
met in Closed Session, and no reportable action under the Brown Act was taken.
PUBLIC COMMENT
Dannie Tope stated her home has a granny unit, which houses her disabled father. She
referred to the present budget crisis and stated the Police and Fire Departments should not
be a part of the budget cuts in the City. Ms. Tope stated the perks of the City should be
carefully considered. She said parking in -lieu fees should be raised, and parking meters
should be considered.
Gary Ream addressed Item D-1 (Staff Report on Status of the Donation of the Rock
Sculpture) stating the 14' rock sculpture needs much open space and is too large for the
triangle park. He said this proposed rock would have an adverse effect on the already
difficult intersection. Mr. Ream stated a non-profit organization should contract to
maintain this art piece
2
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — MARCH 28, 2005
Joey Racano, Ocean Outfall Group, stated the Morro Bay Wastewater Treatment Plant
and the Duke Energy outfall continues to be in violation of the 301(h) waiver. He said
there would be a tour of the Wastewater Treatment Plant on April 8'h at 10:00 am and he
invited the public to tour this plant.
Dannie Nicholson, Pacific Wildlife Care, expressed concern with the hunting that takes
place in the back bay.
Susan Heineman stated the 19'h Annual Garden Tour and Festival is scheduled on April
24`h from 1-5 pm. She said the Estero Community Garden Outdoor Spring Feast is
scheduled on April 3rd from 3-5 pm to raise money to build a retaining wall at the Estero
Community Gardens. Ms. Heineman shared the Success Magazine that features Mayor
Peters on the cover. She addressed the budget, and said employees' salaries, benefits and
perks is the crux of the budget problems.
The following Duke Energy employees urged the City Council to be supportive of
® entering an agreement with Duke Energy: Tom Lott, Ron Kemper, Barbara Engle, Mark
Fitzpatrick, Beverly Gilbert, and Barry Lejoy.
The following people expressed support for the rock sculpture donated by Dr. Botso
Korishelli: David Peter, John Yaroslaski, Nancy Castle, James Maul, and Botso
Korishelli.
Frank DeVine read a story about the historic adobe homes in San Jose. He said Morro
Bay is faced with losing the last of the little cottage homes that once was typical in our
seaside village. Mr. DeVine stated the City should take action and increase public
awareness by protecting 10-12 homes as historic landmarks.
Ken Vesterfelt announced the 9`h Annual Cruisin' Morro Bay Car Show is on May 5-8;
he said they are in need of trophy sponsors.
Roger Ewing stated the proposed rock sculpture is too big for the proposed location, and
the City should decline this gift. He also said the Duke Energy employees should not
point the finger at the City, but the management of Duke Energy to maintain their jobs.
Mandy Davis showed a picture of a dead bird found in the yard of a home on the bay.
She said the Brandt geese have been in decline for years, and studies show this decline is
at an all time low. Ms. Davis requested Council's support in stopping hunting in the
® estuary.
3
® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — MARCH 28, 2005
Roy Kline stated hunting should be all or nothing, and requested hunting be prohibited in
the back bay. He addressed an article by a former commissioner regarding the restrictions
on granny units.
Ron Boone, owner of Southern Port Traders, stated the owner of TKD is selling product
in front of his store and taking away business of his store; he asked if this is legal, and
requested Council's support in stopping this action.
Phil Hill stated hunting makes no money for the City. He also said the Duke Energy
management is not to be trusted.
Mayor Peters closed the hearing for public comment.
DECLARATION OF FUTURE AGENDA ITEMS
Councilmember DeMeritt requested discussion of a facility fee program to support fire
services; Mayor Peters and Councilmem_ber Peirce concurred.
® A. CONSENT CALENDAR
Unless an item is pulled for separate action by the City Council, the following actions are
approved without discussion.
A-1 CASH & INVESTMENT REPORT— FEBRUARY 2005; (FINANCE)
RECOMMENDATION: Receive report for information.
A-2 RESOLUTION NO. 11-05 ADOPTING THE MID -YEAR BUDGET
ADJUSTMENTS AND POLICY ISSUES; (FINANCE)
RECOMMENDATION: Adopt Resolution No. 11-05.
A-3 REJECTION OF ICE -MAKING MACHINE BIDS; (HARBOR)
RECOMMENDATION: Reject all bids, and direct staff to re -advertise the dock
retrofit project.
0
® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — MARCH 28, 2005
A4 PROCLAMATION DECLARING APRIL 2005 AS "FAIR HOUSING
MONTH"; (PUBLIC SERVICES)
RECOMMENDATION: Adopt the Proclamation.
Councilmember DeMeritt pulled Item A-2 of the Consent Calendar.
MOTION: Councilmember Baxley moved the City Council approve the Consent
Calendar with the exception of Item A-2. The motion was seconded by
Councilmember Peirce and carried unanimously. (5-0)
A-2 RESOLUTION NO. 11-05 ADOPTING THE MID -YEAR BUDGET
ADJUSTMENTS AND POLICY ISSUES; (FINANCE)
Councilmember DeMeritt requested clarification on the impact of the mid -year budget
adjustment relating to the replacement of the Police and Fire positions. She also referred
to the positions placed under the Water Fund, and wanted to make sure that will not be a
® factor of rising water rates.
Finance Director Jim Koser responded these positions would be vacant for the remainder
of this budget year, so there will be no impact until the following budget year. He also
stated the Water Fund usage is a short-term solution, and it should not impact water rates.
Councilmember Winholtz asked about the damaged vehicle replacement equipment fund
under the Police Department, and asked if this fund could be used to help reduce the
amount lacking in the City Manager/City Attorney fund.
MOTION: Councilmember Peirce moved the City Council approve Item A-2 of the
Consent Calendar. The motion was seconded by Councilmember Baxley
and carried with Councilmember DeMeritt and Councilmember Winholtz
voting no. (3-2)
Mayor Peters called for a break at 7:25 p.m.; the meeting resumed at 7:38 p.m.
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5
® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — MARCH 28, 2005
B. PUBLIC HEARINGS, REPORTS & APPEARANCES
B-I CONTINUED PUBLIC HEARING OF A FIVE -LOT RESIDENTIAL
COMMUNITY HOUSING AND MIXED -USE PROJECT PROPOSED AT 555
MAIN STREET; (PUBLIC SERVICES)
Associate Planner Mike Prater stated the applicant is requesting approval of a Tentative
Tract Map, Conditional Use Permit and Coastal Development Permit to subdivide the
westerly lots into five parcels for a Community Housing Project with exceptions to
setbacks and common.open space. The proposed project will also develop the easterly
lots with two commercial buildings totaling approximately 1,800 square feet along Main
Street in conjunction with a total of 16 one -bedroom apartment units. The applicant is
requesting a joint use shared parking facility between the commercial office space and
the apartments that would reduce the parking by 12 percent (4 spaces). On March 14,
2005, the City Council considered the application at their regularly scheduled public
hearings. The City Council received public testimony, closed the public hearing and
continued their discussion for the Tract Map, Conditional Use Permit and Coastal
Development Permit for the project with direction for staff to bring back information
® regarding SB 1818. Mr. Prater recommended the City Council accept the Planning
Commission's recommendation to conditionally approve the project.
E
George Garcia, representing the applicant, stated the two concessions the applicant is
requesting based on SB 1818 are for the removal of an open space area, and the exception
of parking. Mr. Garcia reviewed the project specifications, and addressed concerns of the
Council.
Mayor Peters opened the hearing for public comment.
Frank DeVine stated there is still no open space being proposed for the community
housing aspect of this project. He said the General Plan calls for maintaining the
character of the surrounding area Mr. DeVine stated the applicant is proposing a
Spanish style development that does not fit in with the unique fishing village that draws
tourism. He said this is a classic reason why the City needs an architectural review
committee. Mr. DeVine requested the City Council deny this project.
Bob Teffl stated this project needs at least six exceptions from the Zoning Ordinance and
Local Coastal Plan in order to be built to specification. He said according to State law,
an affordable housing project that provides 10-20% of lower -income housing is eligible
for one incentive. Mr. TefJi stated the applicant is giving no guarantees to the affordable
housing aspect of this project.
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® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — MARCH 28, 2005
Roy Kline asked if the applicant has to rent one commercial space in this mixed -use
commercial/residential project.
Roger Ewing stated there has not been one citizen who has expressed support for this
project. He said the City needs affordable housing, but not in the grand style that this
project is presented. Mr. Ewing stated the citizens do not want a large project such as
this. He said the betterment of parking needs to be considered, and this project adds to
the parking problem in the City.
Priscilla Ko stated parking in this area is very important, especially when there are
special events and with the many tourists that stay in the State Park Campground. She
said tourism is the City's economic development, and if this project is approved, parking
will be very limited.
Mayor Peters closed the public comment hearing.
Councilmember DeMeritt stated this is a project that needs so much work, and the City
should stand strong and tell the applicant to follow the rules and build a project that
® serves the community. She suggested the. City Council return this project to the Planning
Commission and let them negotiate this project for it to make sense for the City and
provides the applicant the concessions that are legal based on SB 1818.
Councilmember Peirce stated based on staffs interpretation on concessions, he supports
this project.
Councilmember Baxley stated this project should be sent back to the Planning
Commission for further review, and returned to Council with more clarification.
Councilmember Winholtz stated ADA parking should be included in the plan.
Mayor Peters stated Council should advise the applicant of the two concessions the City
is willing to grant. She agrees there are too many unanswered questions to be able to
move forward.
MOTION: Councilmember DeMeritt moved the City Council forward this project to
the Planning Commission for further review. The motion was seconded by
Councilmember Winholtz and carried unanimously. (5-0)
Mayor Peters called for a break at 9:10 p.m.; the meeting resumed at 9:15 p.m.
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® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — MARCH 28, 2005
B-2 PUBLIC HEARING ON PROPOSED UPDATE TO THE ZONING
ORDINANCE, ZONING MAP AND ACCOMPANYING NEGATIVE
DECLARATION; (PUBLIC SERVICES)
Mayor Peters opened the hearing for public comment; there being no comments, Mayor
Peters closed the public comment hearing.
MOTION: Councilmember Peirce moved the City Council continue the public
hearing on the proposed update to the Zoning Ordinance, Zoning Map and
Accompanying Negative Declaration to March 30, 2005. The motion was
seconded by Councilmember Baxley and carried unanimously. (5-0)
B-3 ORDINANCE NO. 506 EXTENDING THE URGENCY INTERIM
ORDINANCE PROHIBITING THE ISSUANCE OF PERMITS FOR
SECONDARY DWELLING UNITS; (PUBLIC SERVICES)
City Attorney Robert Schultz stated on February 14, 2005, the City Council adopted
Ordinance No. 505 prohibiting the issuance of permits for secondary dwelling units.
® Ordinance No. 505 was adopted by a 4/5 vote of the Council and is effective until March
31, 2005. Both statutory and case authority plainly support the legislative body's right to
consider and enact a moratorium on secondary dwelling units while the City studies
proposed general plan or zoning changes that might impact and affect the development
standards for secondary dwelling units. Ordinance No. 505 may be extended for an
additional period of 10 months and 15 days upon notice and public hearing.
Additionally, ten days prior to the expiration of this -interim Urgency Ordinance, the
Council must issue a report describing the measures taken to alleviate the conditions that
led to the adoption of the Ordinance. Adoption of Ordinance No. 506 will continue to
allow staff sufficient time to process the zoning ordinance amendments to the
development standards for secondary dwelling units. The zoning amendments are
scheduled for review by the City Council at their April 11, 2005 meeting. Mr. Schultz
recommended the City Council adopt Ordinance No. 506 by title and number only.
Mayor Peters opened the hearing for public comment.
John Barta stated parking is not a problem caused by granny units.
Roy Kline stated granny units would allow for the tenant and their guests to park on the
street, which will cause overcrowding in the street.
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® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — MARCH 28, 2005
Frank DeVine stated the existence of secondary units in our community does not insure
that property values will go up. He said parking is a concern with secondary units
especially in a lower density neighborhood.
Ken Vesterfelt asked how many people have called to complain about granny units.
Roger Ewing stated granny units should be maintained as a granny unit, and not used as a
large rental.
Mayor Peters closed the public comment hearing.
MOTION: Councilmember Winholtz moved the City Council adopt Ordinance No.
506 extending the urgency interim ordinance prohibiting the issuance of
permits for secondary dwelling units by title and number only. The
motion was seconded by Councilmember Baxley and carried
unanimously. (5-0)
B4 RESOLUTION NO. 12-05 APPROVING HARBOR DEPARTMENT COST OF
is LIVING ADJUSTMENTS TO FEES AND SERVICE CHARGES; (HARBOR)
Mayor Peters opened the hearing for public comment; there being no comments, Mayor
Peters closed the public comment hearing.
This item was continued to the April 11, 2005 City Council meeting.
B-5 CONSIDERATION OF LOT LINE ADJUSTMENT, CONDITIONAL USE
PERMIT, COASTAL DEVELOPMENT PERMIT AND ROAD
ABANDONMENT APPLICATIONS TO ALLOW RENOVATIONS AND A
NEW 20,000 SQUARE FOOT RETAIL BUILDING AT 520 ATASCADERO
ROAD - MINER'S HARDWARE; (PUBLIC SERVICES)
Senior Planner Gary Kaiser stated on December 6, 2004, the Planning Commission
considered concept plans for the proposed expansion and renovation project at a regularly
scheduled public hearing. The proposed project is an allowable use and complies with all
applicable development standards. The Planning Commission and City Council approval
is required because the site is within a designated PD Overlay zone and in excess of one
acre in size. After the Planning Commission and City Council have approved the project
in concept, it must be brought back to the Planning Commission for precise plan
approval. After considering public testimony and ensuing discussion, the Planning
Commission voted unanimously to approve the project with specific direction as to the
® details/changes desired when the project returns for precise plan approval. The applicant
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® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — MARCH 28, 2005
has since prepared revised plans, which raise no new significant issues and seem
responsive to the Planning Commission directives. Mr. Kaiser recommended the City
Council approve the conceptual plans received by the Public Services Department on
March 10, 2005 and March 14, 2005, based on the findings and conditions adopted by the
Planning Commission on December 6, 2004.
Mayor Peters opened the hearing for public comment.
Ken Vesterfelt expressed support for this project.
Mayor Peters closed the public comment hearing.
Consensus of Council was in support of this conceptual plan.
MOTION: Councilmember Baxley moved the City Council approve the conceptual
plans received by the Public Services Department on March 10, 2005 and
March 14, 2005, based on the findings and conditions adopted by the
is condition
Commission on December 6, 2004, and with the removal of
condition number 19. The motion was seconded by Councilmember
Peirce and carried unanimously. (5-0)
E
B-6 APPEAL OF PLANNING COMMISSION DECISION TO APPROVE A
COASTAL DEVELOPMENT PERMIT FOR THREE NEW DUPLEX
BUILDINGS AT 470-488 ROCKVIEW STREET; (PUBLIC SERVICES)
Senior Planner Gary Kaiser stated the Planning Commission held public hearings on
January 3, 2005 and January 18, 2005 to consider the subject Coastal Development
Permit. After public testimony and an ensuing dialogue, the Planning Commission voted
unanimously to approve the project subject to certain conditions. The approval would
have allowed the applicant to proceed with the construction of three duplex buildings on
three existing lots for a total of six new residential units located on the south side of
Rockview Street, between Hill and Sunset Streets. The appellant disagrees with staff and
the Planning Commission with regard to: a) whether proposed grading is consistent with
the Local Coastal Program's Hillside Development Policies; b) whether the proposed
duplexes are compatible with their surroundings in terms of their bulk and scale; and c)
whether the project's water use and parking requirements were accurately portrayed and
fairly considered in the decision -making process. Mr. Kaiser recommended the City
Council add a condition that prohibits the use of retaining walls and fill outside the
footprint of the proposed buildings, and deny the appeal.
10
® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — MARCH 28, 2005
Mayor Peters opened the hearing for public comment.
Ray McKelligott, appellant, stated he has filed this appeal so the project would be
modified to address safety and visual resources, which are requirements of the General
Plan. He said this structure should be built in accordance with the existing natural grade,
unless alterations are made to the natural terrain. Mr. McKelligott stated flat land
subdivision designs are unacceptable in a hillside setting. He said the report states that
scenic and coastal areas should be visually compatible with the surrounding area. Mr.
McKelligott stated this proposed project should be scaled back. He stated parking in this
area is already a problem with a mobile home park next to it.
Greg Ravatt, architect, stated this is a smaller structure than any in the surrounding area.
He reviewed the specifics of the project in detail for Council's consideration.
Mayor Peters closed the public comment hearing.
Councilmember Winholtz stated she has concern that this project can be seen from
Highway One. She said every level looks like cut and fill, which is against the General
is Plan.
Councilmember Baxley stated he likes the plan as proposed and supports denying the
appeal.
Councilmember DeMeritt stated grading should be kept to a minimum, and houses
should be designed to fit the slope of the land. She said the hillside standards should be
upheld.
Councilmember Peirce stated it is not possible to build a house that is not going to be
visible from Highway One and Highway 41. He said this project is superior to most of
the houses on this hillside.
Mayor Peters stated this project is very attractive, and it does conform to the slope as
much as it can.
MOTION: Councilmember Baxley moved the City Council deny the appeal of the
Planning Commission decision to approve a Coastal Development Permit
for three new duplex buildings at 470-488 Rockview Street. The motion
was seconded by Councilmember Peirce and carried with Councilmember
DeMeritt and Councilmember Winholtz voting no. (3-2)
11
® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — MARCH 28, 2005
IJ
C. UNFINISHED BUSINESS
C-1 REVIEW OF ABANDONED BOAT ABATEMENT PROGRAM; (CITY
COUNCIL)
MOTION: Mayor Peters moved the City Council forward the review of an
Abandoned Boat Abatement Program to the Harbor Advisory Board. The
motion was seconded by Councilmember DeMeritt and carried
unanimously. (5-0)
C-2 REVIEW OF ABANDONED VEHICLE ABATEMENT PROGRAM; (CITY
COUNCIL)
MOTION: Mayor Peters moved the City Council direct staff to prepare a staff report
on the review of an Abandoned Vehicle Abatement Program. The motion
was seconded by Councilmember DeMeritt and carried unanimously. (5-
0)
C-3 CONSIDERATION OF CREATING A CITY PUBLIC ART POLICY; (CITY
COUNCIL)
MOTION: Mayor Peters moved the City Council forward the review of creating a City
Public Art Policy to the Recreation & Parks Commission. The motion was
seconded by Councilmember Winholtz and carried unanimously. (5-0)
D. NEW BUSINESS
D-1 STAFF REPORT ON STATUS OF THE DONATION OF THE ROCK
SCULPTURE; (PUBLIC SERVICES)
Capital Projects Manager Bill Boucher stated at the February 14, 2005 meeting, the City
Council was presented a report addressing the size of the proposed entry rock sculpture
and, after discussing matters such as maintenance activities and costs with the proposers,
ultimately reaffirmed approval of the donation. Since that meeting, the City has
continued to work with the proposers to assure the retention of adequate intersection sight
distance and have received a letter of concern from a citizen. The purpose of this report is
to provide the City Council and public with updated information on the status of the
donation and installation of the sculpture. Mr. Boucher recommended the City Council
consider this status report, and direct staff accordingly.
12
® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — MARCH 28, 2005
Councilmember Baxley stated the proposed sculpture should go where the Committee
has suggested.
Councilmember Winholtz stated City Park could have been a better location; however,
since it is not meant for anything other than viewing, she agrees that Council has already
accepted it and it should be placed where the Committee has proposed.
Councilmember Peirce stated he also concurs with Councilmember Baxley. He said this
sculpture is not meant to play on, and if placed in the wrong spot could become a
liability.
Councilmember DeMeritt stated this is a lovely gift; however, she is concerned with the
location and site visibility.
Mayor Peters stated this is a lovely gift, but she is also concerned with the proposed
location.
MOTION: Councilmember Baxley moved the City Council accept the donation of the
® rock sculpture; and, direct staff to proceed with the project and work with
the group of donors on a maintenance program. The motion was seconded
by Councilmember Peirce and carried with Mayor Peters and
Councilmember DeMeritt voting no. (3-2)
E. ADJOURNMENT
The meeting adjourned at 10:55 p.m.
Recorded by:
Bridgett Bauer
City Clerk
C/J
13
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11
City of Morro Bay
Morro Bay, CA 93442 • 805-772-6200
wwxv.morro-bay.ca.us
NOTICE OF SPECIAL MEETING
NOTICE IS HEREBY GIVEN that the Morro Bay City Council will
be holding a Special Meeting on Thursday, March 17, 2005 at 6:00 p.m.
to be held in the Community Center Multi Purpose Room, 1001 Kennedy
Way, Morro Bay, California. The City Council will be discussing services
priorities for the proposed Fiscal Year 2005/2007 Budget.
DATED: March 11, 2005
FINANCE
595 Harbor Street
ADMINISTRATION
595 Harbor Street
FIRE DEPARTMENT
715 Harbor Street
PUBLIC SERVICES
955 Shasta Street
HARBOR DEPARTMENT CITY ATTORNEY POLICE DEPARTMENT
1275 Embarcadero Road 955 Shasta Avenue 850 Morro Bay Boulevard
RECREATION AND PARKS
1001 Kennedy Way
® City of Morro Bay
City Council Agenda
Mission Statement
The City of Morro Bay is dedicated to the preservation and enhancement of the quality
of life. The City shall be committed to this purpose and will provide a level of
municipal service and safety consistent with and responsive to the needs of the public.
REGULAR MEETING — MARCH 14, 2005
CLOSED SESSION — MARCH 14, 2005
CITY HALL CONFERENCE ROOM - 5:00 P.M.
595 HARBOR ST., MORRO BAY, CA
CS-1 CONFERENCE WITH LABOR NEGOTIATOR: GOVERNMENT CODE
®' SECTION 54957.6: Conference with City Manager, the City's Designated
Representative, for the purpose of reviewing the City's position regarding the
terms and compensation paid to employees and giving instructions to the
Designated Representative.
CS-2 REAL PROPERTY TRANSACTIONS: GOVERNMENT CODE SECTION
54956.8: Instructing City's real property negotiator regarding the price and terms
of payment for the purchase, sale, exchange, or lease of real property.
Property: Lease Site SW Tidelands Park
Negotiating Parties: City and Richards & Kolb
Negotiations; Lease terms
Property: Lease Site l IOW- I 12W - Great American Fish Company.
Negotiating Parties: City and George Leage
Negotiations; Lease terms
IT IS NOTED THAT THE CONTENTS OF CLOSED SESSION MEETINGS
ARE CONFIDENTIAL AND EXEMPT FROM DISCLOSURE.
r]
L_
® PUBLIC SESSION — MARCH 14, 2005
VETERANS MEMORIAL HALL - 6:00 P.M.
209 SURF ST., MORRO BAY, CA
ESTABLISH QUORUM AND CALL TO ORDER
MOMENT OF SILENCE
PLEDGE OF ALLEGIANCE
MAYOR AND COUNCILMEMBERS ANNOUNCEMENTS & PRESENTATIONS
CLOSED SESSION REPORT
PUBLIC COMMENT PERIOD - Members of the audience wishing to address the
Council on City business matters (other than Public Hearing items under Section B) may
do so at this time.
To increase the effectiveness of the Public Comment Period, the following rules shall be
followed:
• When recognized by the Mayor, please come forward to the podium and state
your name and address for the record. Comments are to be limited to three
minutes.
• All remarks shall be addressed to Council, as a whole, and not to any
individual member thereof.
• The Council respectfully requests that you refrain from making slanderous,
profane or personal remarks against any elected official, commission and/or .
staff.
• Please refrain from public displays or outbursts such as unsolicited applause,
comments or cheering.
• Any disruptive activities that substantially interfere with the ability of the City
Council to carry out its meeting will not be permitted and offenders will be
requested to leave the meeting.
• Your participation in City Council meetings is welcome and your courtesy
will be appreciated.
In compliance with the Americans with Disabilities Act, if you need special assistance to
participate in this meeting, please contact the City Clerk, (805) 772-6205. Notification 72
hours prior to the meeting will enable the City to make reasonable arrangements to ensure
accessibility to this meeting.
COUNCIL DECLARATION OF FUTURE AGENDA ITEMS
A. CONSENT CALENDAR
Unless an item is pulled for separate action by the City Council, the following actions are
approved without discussion.
2
® A-1 MINUTES FOR THE FEBRUARY 28, 2005 REGULAR MEETING;
(ADMINISTRATION)
RECOMMENDATION: Approve as submitted.
A-2 RESOLUTION NO. 10-05 IMPLEMENTING COUNCIL ADOPTED
INCREASES TO POLICE DEPARTMENT FEES AND PARKING
VIOLATIONS; (POLICE)
RECOMMENDATION: Adopt Resolution No. 10-05.
A-3 NOTICE OF COMPLETION OF THE PHOTOVOLTAIC PROJECT;
(RECREATION & PARKS)
RECOMMENDATION: Accept the Photovoltaic Energy Project as complete by
Renewable Energy Concepts, and authorize the filing of the Notice of
Completion.
A4 PROCLAMATION DECLARING APRIL 16, 2005 AS "CLEAN UP MORRO
BAY DAY'; (ADMINISTRATION)
RECOMMENDATION: Adopt Proclamation.
® B. PUBLIC HEARINGS. REPORTS & APPEARANCES
B-I RESOLUTION NO. 08-05 APPROVING AN APPLICATION, FUNDING AND
EXECUTION OF A GRANT AGREEMENT FROM THE GENERAL
ALLOCATION OF THE STATE CDBG PROGRAM; (PUBLIC SERVICES)
RECOMMENDATION: Adopt Resolution No. 08-05.
B-2 CONSIDERATION OF A FIVE -LOT RESIDENTIAL COMMUNITY
HOUSING AND MIXED -USE PROJECT PROPOSED AT 555 MAIN STREET;
(PUBLIC SERVICES)
RECOMMENDATION: Accept the Planning Commission's recommendation to
conditionally approve the project.
B-3 PUBLIC HEARING ON PROPOSED UPDATE TO THE ZONING
ORDINANCE, ZONING MAP AND ACCOMPANYING NEGATIVE
DECLARATION; (PUBLIC SERVICES)
RECOMMENDATION: Receive public comment; identify suggested changes;
and, continue public hearing to the March 28, 2005 City Council meeting.
® C. UNFINISHED BUSINESS
C-1 REVIEW OF ABANDONED BOAT ABATEMENT PROGRAM; (CITY
COUNCIL)
RECOMMENDATION: Discuss and direct staff accordingly.
C-2 REVIEW OF ABANDONED VEHICLE ABATEMENT PROGRAM; (CITY
COUNCIL)
RECOMMENDATION: Discuss and direct staff accordingly.
C-3 CONSIDERATION OF CREATING A CITY PUBLIC ART POLICY; (CITY
COUNCIL)
RECOMMENDATION: Discuss and direct staff accordingly.
D. NEW BUSINESS
D-1 RESOLUTION NO. 09-05 APPROVING A SUBLEASE FOR A PORTION OF
LEASE SITE 67/67W, LOCATED AT 575 EMBARCADERO, BETWEEN
YNEZ VIOLE-O'NEILL AND ROBERT AND DEBORAH BAIRD;
® (HARBOR)
RECOMMENDATION: Adopt Resolution No. 09-05.
D-2 RECOMMENDATIONS OF AD -HOC EMERGENCY SERVICES
COMMITTEE REGARDING FIRE SERVICE CAPITAL AND OPERATIONS
FUNDING; (FIRE)
RECOMMENDATION: Receive report and recommendations of the Ad -Hoc
Emergency Services Committee, and direct staff accordingly.
E. ADJOURNMENT
THIS AGENDA IS SUBJECT TO AMENDMENT UP TO 72 HOURS PRIOR TO THE DATE AND TIME
SET FOR THE MEETING. PLEASE REFER TO THE AGENDA POSTED AT CITY HALL FOR ANY
REVISIONS OR CALL THE CLERK'S OFFICE AT 772-6200 FOR FURTHER INFORMATION.
COPIES OF STAFF REPORTS OR OTHER PUBLIC DOCUMENTATION RELATING TO EACH ITEM OF
BUSINESS REFERRED TO ON THIS AGENDA ARE ON FILE IN THE OFFICE OF THE CITY CLERK
AND AVAILABLE FOR PUBLIC INSPECTION AND REPRODUCTION AT COST AT CITY HALL,
LIBRARY, AND MILLS STATIONERY.
IN COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT, IF YOU NEED SPECIAL
ASSISTANCE TO PARTICIPATE IN A CITY MEETING, PLEASE CONTACT THE CITY CLERK'S
OFFICE AT LEAST 24 HOURS PRIOR TO THE MEETING TO INSURE THAT REASONABLE
® ARRANGEMENTS CAN BE MADE TO PROVIDE ACCESSIBILITY TO THE MEETING.
4
MINUTES - MORRO BAY CITY COUNCIL
CLOSED SESSION —MARCH 14, 2005
CITY HALL CONFERENCE ROOM - 5:00 P.M.
Mayor Peters called the meeting to order at 5:00 p.m.
PRESENT:
STAFF:
CLOSED SESSION
Janice Peters
Thad Baxley
Melody DeMeritt
William Peirce
Betty Winholtz
Robert Hendrix
Robert Schultz
Mayor
Councilmember
Councilmember
Councilmember
Councilmember
City Manager
City Attorney
MOTION: Councilmember Peirce moved the meeting be adjourned to Closed
Session. The motion was seconded by Councilmember Baxley and
unanimously carried. (5-0)
Mayor Peters read the Closed Session Statement.
® CS-1 CONFERENCE WITH LABOR NEGOTIATOR; GOVERNMENT CODE
SECTION 54957.6: Conference with City Manager, the City's Designated
Representative, for the purpose of reviewing the City's position regarding the
terms and compensation paid to employees and giving instructions to the,
Designated Representative.
CS-2 REAL PROPERTY TRANSACTIONS; GOVERNMENT CODE SECTION
54956.8: Instructing City's real property negotiator regarding the price and terms
of payment for the purchase, sale, exchange, or lease of real property.
Property: Lease Site SW Tidelands Park
Negotiating Parties: City and Richards & Kolb
Negotiations; Lease terms
Property: Lease Site 1 I OW- 112W - Great American Fish Company.
Negotiating Parties: City and George Leage
Negotiations; Lease terms
The meeting adjourned to Closed Session at 5:00 p.m. and returned to regular session at
5:58 p.m.
MOTION: Councilmember Peirce moved the meeting be adjourned. The motion was
seconded by Councilmember Baxley and unanimously carried. (5-0)
0 The meeting adjourned at 5:58 p.m.
E
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING —MARCH 14, 2005
VETERANS MEMORIAL HALL - 6:00 P.M.
Mayor Peters called the meeting to order at 6:00 p.m
PRESENT: Janice Peters
Mayor
Thad Baxley
Councilmember
Melody DeMeritt
Councilmember
William Peirce
Councilmember
Betty Winholtz
Councilmember
STAFF: Robert Hendrix
Robert Schultz
Bridgett Bauer
Rick Algert
Bruce Ambo
John DeRohan
Joan Drake
Mike Pond
Mike Prater
Jim Koser
Andrea Lueker
City Manager
City Attorney
City Clerk
Harbor Director
Public Services Director
Police Chief
Administrative Technician
Fire Chief
Associate Planner
Finance Director
Recreation & Parks Director
ESTABLISH QUORUM AND CALL TO ORDER
MOMENT OF SILENCE
PLEDGE OF ALLEGIANCE
MAYOR'S REPORTS & ANNOUNCEMENTS
CLOSED SESSION REPORT - City Attorney Robert Schultz reported the City Council
met in Closed Session, and no reportable action under the Brown Act was taken.
PUBLIC COMMENT
Hank Roth announced the next Neighborhood Watch information meeting will be held on
March 23`d, and the topic will be Community Oriented Policing and Problem Solving.
The following people requested the City Council approve filling all Police Department
positions in the upcoming budget: Paul Horton, Don Schelenberger, Bob Schwenoah,
Ken Vesterfelt, Dale Reddell, and Todd Barnes.
The following people requested the City Council approve filling all Fire Department
positions in the upcoming budget: Keith Taylor, John Weiss, Lynda Merrill, Jeff Jones,
Betty Forsythe, and Dale Reddell.
® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING —MARCH 14, 2005
The following people requested the City Council maintain funding of the Community
Promotions Committee, Chamber of Commerce and Visitor Center budgets: Ken
Vesterfelt, Mary Hay, Mick Tyse, John Weiss, Jack Barrett, Pat Mullen, and Rhonda
McPherson.
Ray McKelligott addressed Item D-2 (Recommendations of Ad -Hoc Emergency Services
Committee Regarding Fire Service Capital and Operations Funding) and stated the
citizens should know what is in the report and a public hearing should be held before the
City Council adopts this report.
Todd Barnes addressed the limitation of hunting in the back bay, and requested the City
be sensitive to those who live around the estuary when considering this issue.
Mandy Davis addressed public safety issues with hunting in the back bay, and stated
waiting for someone to be hurt or killed is not acceptable.
Andrew Christie, representing the Sierra Club, addressed hunting in the back bay, and is
requesting the Fish & Game Department adopt a resolution banning hunting in the
® estuary.
John Barta stated the ban on secondary units could decrease property values by at least
$100,000. He said the recommendation made by the Planning Commission could have
the affect to make it impossible to build a secondary unit on every lot in town.
Frank Devine addressed the disregard of the zoning law by the Planning Commission.
He said North Morro Bay is continuing to be ignored with no effort to preserve the
commercially zoned area on North Main Street. Mr. Devine stated mixed -use
development is needed in this area of the City.
Jack McCurdy stated PG&E and Duke Energy have entered into a contract wherein the
existing plant will produce electricity, which will be bought by PG&E. He said CAPE is
considering filing a request for review of this contract by the Public Utilities
Commission. Mr. McCurdy stated CAPE wants to know what the impacts or financial
benefits might be on the community.
Dale Reddell stated the City could build revenue by renegotiating with Duke Energy, and
also by making the building process easier.
David Nelson stated the City should have a volunteer fire department to join with the
City's existing Fire Department. He said the Chamber of Commerce and Visitor Center
® should have a matching fund to help advertise the City.
t
® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — MARCH 14, 2005
Mayor Peters closed the hearing for public comment.
Mayor Peters called for a break at 7:20 p.m.; the meeting resumed at 7:35 p.m.
DECLARATION OF FUTURE AGENDA ITEMS
Councilmember DeMeritt requested a staff report regarding discussion on downtown
visioning opportunities; Councilmember Peirce and Mayor Peters concurred.
Councilmember Winholtz requested the review of noticing requirements; Councilmember
DeMeritt concurred.
Mayor Peters requested a status report on the donation of the rock sculpture be
agendized; Councilmember DeMeritt and Councilmember Baxley concurred.
A. CONSENT CALENDAR
® Unless an item is pulled for separate action by the City Council, the following actions are
approved without discussion.
E
A-1 MINUTES FOR THE FEBRUARY 28, 2005 REGULAR MEETING;
(ADMINISTRATION)
RECOMMENDATION: Approve as submitted.
A-2 RESOLUTION NO. 10-05 IMPLEMENTING COUNCIL ADOPTED
INCREASES TO POLICE DEPARTMENT FEES AND PARKING
VIOLATIONS; (POLICE)
RECOMMENDATION: Adopt Resolution No. 10-05.
A-3 NOTICE OF COMPLETION OF THE PHOTOVOLTAIC PROJECT;
(RECREATION & PARKS)
RECOMMENDATION: Accept the Photovoltaic Energy Project as complete by
Renewable Energy Concepts, and authorize the filing of the Notice of
Completion.
2
® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING —MARCH 14, 2005
A4 PROCLAMATION DECLARING APRIL 16, 2005 AS "CLEAN UP MORRO
BAY DAY"; (ADMINISTRATION)
RECOMMENDATION: Adopt Proclamation.
Councilmember Winholtz pulled Item A-2 from the Consent Calendar; Councilmember
Peirce pulled Items A-3 and A-4.
MOTION: Councilmember Baxley moved the City Council approve Item A-1 of the
Consent Calendar. The motion was seconded by Councilmember Peirce
and carried unanimously. (5-0)
A-2 RESOLUTION NO. 10-05 IMPLEMENTING COUNCIL ADOPTED
INCREASES TO POLICE DEPARTMENT FEES AND PARKING
VIOLATIONS; (POLICE)
Councilmember Winholtz pulled this item for clarification on Exhibit "A" relating to
Support Services Clerk activity. Chief DeRohan responded the charge would be per hour
® for activities such as researching or copying a report or tapes.
Councilmember Winholtz stated she would like to eliminate some of the parking fines
that are not charged in any other city. Chief DeRohan clarified that these charges are
specific to the California Vehicle Code, and some agencies label them differently.
11
MOTION: Councilmember Baxley moved the City Council approve Item A-2 of the
Consent Calendar. The motion was seconded by Councilmember Peirce
and carried with Councilmember DeMeritt and Councilmember Winholtz
voting no. (3-2)
A-3 NOTICE OF COMPLETION OF THE PHOTOVOLTAIC PROJECT;
(RECREATION & PARKS)
Councilmember Peirce addressed this item for -public information.
MOTION: Councilmember Peirce moved the City Council approve Item A-3 of the
Consent Calendar. The motion was seconded by Councilmember
Winholtz and carried unanimously. (5-0)
5
® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — MARCH 14, 2005
A4 PROCLAMATION DECLARING APRIL 16, 2005 AS "CLEAN UP MORRO.
BAY DAY'; (ADMINISTRATION)
Councilmember Peirce pulled this item for public information.
MOTION: Mayor Peters moved the City Council approve Item A4 of the Consent
Calendar. The motion was seconded by .Councilmember Peirce and
carried unanimously. (5-0) .
B. PUBLIC HEARINGS, REPORTS & APPEARANCES
B-1 RESOLUTION NO. 08-05 APPROVING AN APPLICATION. FUNDING AND
EXECUTION OF A GRANT AGREEMENT FROM THE GENERAL
ALLOCATION OF THE STATE CDBG PROGRAM; (PUBLIC SERVICES)
Public Services Director Bruce Ambo stated the City Council has made it a priority to
have two fire stations in service. In addition to the main station at 715 Harbor Street, the
City currently maintains a station at 460 Bonita Street in North Morro Bay. The station
® on Bonita Street does not conform to current building standards or essential services
standards; it currently houses only apparatus and equipment and has not been staffed
since approximately 1970. Bonita Street is located in a Targeted Income Group area,
making this station eligible for Community Development Block Grant (CDBG) grant
funding. To provide some idea of costs associated with reopening this fire station, staff
requested Fraser Seiple Architects prepare a preliminary budget analysis to replace the
structure. The estimate is $1,497,500 for a new 3,900 square -foot building. At the
February 14, 2005 meeting, City Council authorized preparation of an application for a 3-
year, $1,500,000 grant to fund a Fire Station Replacement Project. If granted, the City
will be unable to apply for CDBG housing rehabilitation funding for the next three years.
However, the City has received notification that $486,000 in HOME funding has been
approved, which may be used for affordable housing rehabilitation anywhere in Morro
Bay. The City is also eligible to apply for an additional $500,000 each year from HOME,
and will apply for funding from Cal HOME to expand the program. Mr. Ambo
recommended the City Council open the public hearing to receive comments; and, adopt
Resolution No. 08-05 approving an Application for Funding in the amount of $1,500,000
and the Execution of a Grant Agreement and any amendments thereto from the General
Allocation of the State CDBG Program.
Mayor Peters opened the hearing for public comment.
Stan House stated he supports this grant application, which will help fund the second fire
® station in North Morro Bay.
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — MARCH 14, 2005
David Nelson asked how this funding is earmarked. He said the Cloister property is a
good location for a firehouse.
Frank DeVine addressed a situation where a child stopped breathing in North Morro Bay
and it seemed like forever before the Fire Department arrived. He said he supports a
second fire station in North Morro Bay.
Ken Vesterfelt stated a police officer was the first one to arrive at the incident described
by Mr. DeVine, and issued resuscitation.
Bill Martony stated $1.5 million should be used for a central fire station.
Jeff Jones expressed support for this grant application. He said opening a second fire
station is a capital improvement for the City. Mr. Jones stated a central station would
leave out the south and north ends of the City.
Mayor Peters closed the public comment hearing.
® Consensus of the City Council was in support of approving the Application for Funding,
and the Execution of a Grant Agreement.
MOTION: Councilmember Peirce moved the City Council adopt Resolution No. 08-05
approving an Application for Funding in the amount of $1,500,000 and the
Execution of a Grant Agreement and any amendments thereto from the
General Allocation of the State CDBG Program. The motion was seconded
by Councilmember DeMeritt and carried unanimously. (5-0)
B-2 CONSIDERATION OF A FIVE -LOT RESIDENTIAL COMMUNITY
HOUSING AND MIXED -USE PROJECT PROPOSED AT 555 MAIN STREET;
(PUBLIC SERVICES)
Associate Planner Mike Prater stated the applicant is requesting approval of a Tentative
Tract Map, Conditional Use Permit and Coastal Development Permit to subdivide the
westerly lots into 5 parcels for a Community Housing Project with exceptions to setbacks
and common open space. The proposed project will also develop the easterly lots with
two commercial buildings totaling approximately 1,800 square feet along Main Street in
conjunction with a total of 16 one -bedroom apartment units. A joint use shared parking
facility between the commercial office space and the apartments is requested that would
reduce the parking by 12% or 4 spaces. On January 3 and 18, 2005, the Planning
Commission considered the application at their regularly scheduled public hearings. The
® Planning Commission received public testimony, closed the public hearing and took an
® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING —MARCH 14, 2005
action recommending approval of the Tract Map, Coastal Development Permit and
Conditional Use Permit for the project. The Commission's action included concerns over
setbacks, common space and parking as warranting discussion by the City Council. The
project requires the City Council to decide if the uses proposed are consistent with the
ordinance and compatible with the neighborhood. The City Council should also consider
if the benefits offered by the project adequately outweighs the exceptions requested. Mr.
Prater recommended the City Council accept the Planning Commission's
recommendation to conditionally approve the project.
George Garcia, representing the applicant, talked at length about the project and
addressed concerns of the Council.
Mayor Peters opened the hearing for public comment.
Priscilla Ko stated this project is too dense and out of character for the neighborhood.
She requested special conditions be applied to the project: 1) that construction hours be
limited to Monday — Friday from 8:00 am to 5:00 p.m.; 2) construction vehicles are not to
park on Main Street; and 3) dust control should be provided.
® Frank Devine stated he has a concern that the proposed office spaces will be converted
over to residential. He said the City needs an architectural review board for projects such
as this. Mr. Devine stated this project fails to provide continuous commercial frontage
on Main Street.
David Nelson stated he agrees that this project does not provide commercial use along
Main Street. He asked where are all the cars are going to park. Mr. Nelson also
expressed the importance of providing fine sprinklers in this project.
Bill Martony expressed concern with the size of this project. He suggested open space
could be provided on lot 5 as a central gathering place for the residents.
Roger Ewing expressed opposition for this project. He said the quality of life has become
more urbanized than intended. Mr. Ewing stated the bulk and size of the project goes
against the neighborhood it is being proposed, and the parking is insufficient.
Lynda Merrill expressed opposition to this project by stating the zoning ordinance states
the City must protect public views and restore and enhance visual quality in visually
degraded areas. She said the City must designate and promote the orderly development
of the business district.
n
® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING —MARCH 14, 2005
Roy Kline stated this project is not a public benefit to the City. He said this project is too
large for what is being proposed, and has inadequate parking.
Norm MacTaggart stated this project is too big and has inadequate parking. He said there
needs to be open space where kids can play.
George Garcia, representing the applicant, responded to the public's concerns.
Mayor Peters closed the public comment hearing.
Councilmember Baxley stated he likes the architecture of the project, with the single-
family units on the west side of the property and the two mixed -use components on the
east side of the property. He said he does not like the number of units proposed for the
size of the lot. Councilmember Baxley stated he would like to see a redesign of this
project and then further discussion of either the Planning Commission or City Council.
Councilmember Winholtz stated she has concerns with the non-conformance of the
setbacks. She said this project meets moderate income housing requirements, and she
® would like the housing units to meet low-income housing requirements. Councilmember
Winholtz stated there is a lack of commerce in this commercial zone, and there are
conflicts with available parking. She said for those reasons, she will not support this
project.
Councilmember Peirce stated this is an opportunity to bring more -affordable housing to
the City, which may allow some who work in the City to also live here. He said does not
agree with placing a heavy business district zone down to Driftwood Street.
Councilmember Peirce stated he likes the fact that this project is not the typical "common
box" project. He said there are apartments that do not provide common space.
Councilmember Peirce stated he supports this project.
Councilmember DeMeritt showed slides of some of the quaint houses in the area. She
expressed her opposition to this project, stating the proposed rent is not considered low-
income housing. Councilmember DeMeritt stated she would like the applicant to design
a project within the setbacks.
Mayor Peters stated she would rather have a private yard than a common yard for single-
family residences. She said she is not opposed to allowing reduced setbacks because it
would allow distinction to the home front. Mayor Peters stated she appreciates the fact
that the applicant is providing workforce housing. She said office space should be
encouraged, and she would like this commercial use to be in the front units. Mayor
Peters stated she supports mixed -use parking.
E
® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING —MARCH 14, 2005
MOTION: Councilmember Winholtz moved the City Council deny this project. The
motion was seconded by Councilmember DeMeritt.
City Attorney Robert Schultz addressed the specifications of Senate Bill 1818 (density
bonuses for projects that provide lower income housing units).
Councilmember DeMeritt withdrew her second to the motion.
The motion died for lack of a second.
MOTION: Councilmember Peirce moved the City Council continue the consideration
of a Five -Lot Residential Community Housing and Mixed -Use Project
proposed at 555 Main Street to the March 28, 2005 City Council meeting.
The motion was seconded by Councilmember Baxley and carried with
Councilmember Winholtz and Councilmember DeMeritt voting no. (3-2)
B-3 PUBLIC HEARING ON PROPOSED UPDATE TO THE ZONING
ORDINANCE, ZONING MAP AND ACCOMPANYING NEGATIVE
® DECLARATION; (PUBLIC SERVICES)
Public Services Director Bruce Ambo stated at the February 28, 2005 meeting, the City
Council completed their review up to the Industrial Zones (General and Coastal
Dependent), and left off at the Public Facilities District. The R-3 and R-4 zones are
proposed to be combined into a single Multi -Family Residential zone with a 25-foot
height limitation. Formerly, allowable building heights in the R-4 zone would be reduced
from 30 feet to 25 feet. Staff was directed to research compatibility standards for
lowering building heights in areas that abut single family and duplex residential zones.
Certain commercial uses were also added to the proposed RM District - Use Regulations.
These uses are currently allowed in the R-3 and R-4 zones with a Conditional Use Permit
(CUP), and would continue to be similarly allowed with a CUP in the RM District. Staff
suggests the Council discussion begin with the proposed RM Zone compatibility
standards and then finish the Commercial/Mixed-Use District by working from the
Planning Commission addendum. Mr. Ambo recommended the City Council also cover
the Commercial/Mixed Use District, Public Facilities District, Open Space District,
Agricultural District, and Planned Development Overlay Zone. Mr. Ambo also
recommended the City Council receive public comment, identify suggested changes, and
continue the public hearing to the March 28 h City Council meeting.
Mayor Peters opened the hearing for public comment.
11
10
® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING —MARCH 14, 2005
David Nelson stated this is a contentious complicated issue, and the City should take
more time to work on it with the community and Planning Commission. He said the City
does not need to have granny units on every house in the community, especially those
that are built on small lots. Mr. Nelson stated he supports building homes on a second
story above commercial buildings.
Lynda Merrill stated she is proud to live in a land -efficient multi -family home. She said
the property abutting her condominium is zoned R-3 and is proposed to be rezoned R-4
(RM), which would allow a 3-story building that would over -shadow her complex which
would be unfair and unnecessary.
Mayor Peters closed the public comment hearing.
No action was taken on this item, and it was continued to the March 28, 2005 City
Council meeting.
Mayor Peters called for a break at 10:10 p.m.; the meeting resumed at 10:15 p.m.
® C. UNFINISHED BUSINESS
C-1 REVIEW OF ABANDONED BOAT ABATEMENT PROGRAM; (CITY
COUNCIL)
This item was continued to the March 28, 2005 City Council meeting.
C-2 REVIEW OF ABANDONED VEHICLE ABATEMENT PROGRAM; (CITY
COUNCIL)
This item was continued to the March 28, 2005 City Council meeting.
C-3 CONSIDERATION OF CREATING A CITY PUBLIC ART POLICY; (CITY
COUNCIL)
This item was continued to the March 28, 2005 City Council meeting.
7
it
® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — MARCH 14, 2005
D. NEW BUSINESS
D-I RESOLUTION NO. 09-05 APPROVING A SUBLEASE FOR A PORTION OF
LEASE SITE 67/67W, LOCATED AT 575 EMBARCADERO, BETWEEN
YNEZ VIOLE-O'NEILL AND ROBERT AND DEBORAH BAIRD.
(HARBOR)
Harbor Director Rick Algert stated the lessee (Ynez Viole-O'Neill) of Lease Site 67/67W
has requested approval of a sublease agreement with Robert and Deborah Baird for the
retail sales portion of Lease Site 67/67W located at 575 Embarcadero. The Bairds plan
on operating a gift and home decor business on the site. The lease agreement for Lease
Site 67/67W states that approval of an assignment or sublease cannot be unreasonably
withheld. As all terms of the master lease are in compliance, Mr. Algert recommended
the City Council adopt Resolution No. 09-05 approving a sublease agreement for a
portion of Lease Site 67/67W.
MOTION: Councilmember Baxley moved the City Council adopt Resolution No. 09-
95 approving a Sublease for a Portion of Lease Site 67/67W, located at
Wr_ 575 Embarcadero, between Ynez Viole-O'Neill and Robert and Deborah
Baird. The motion was seconded by Councilmember Peirce and carried
unanimously. (5-0)
D-2 RECOMMENDATIONS OF AD -HOC EMERGENCY SERVICES
COMMITTEE REGARDING FIRE SERVICE CAPITAL AND OPERATIONS
FUNDING; (FIRE)
Stan House, Chairman of the Ad -Hoc Emergency Services Committee, reviewed the
report on Fire Service Capital and Operations Funding.
Councilmember Peirce thanked the Committee for an excellent job, and all the hard work
put into this report.
Councilmember DeMeritt stated a benefit assessment district is not unheard of. and
because of the impact of this report on the community, this should be agendized as a
public hearing.
Councilmember Winholtz stated she supports the Ad -Hoc Emergency Services
Committee recommendations #1, 2, and 6. She said she would like to receive and file
this report, and obtain an appraisal on the San Jacinto property. Councilmember Winholtz
stated she is opposed to a benefit assessment district because only property owners are
® allowed to vote.
12
® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING —MARCH 14, 2005
Councilmember Baxley stated he supports all recommendations made by the Ad -Hoc
Emergency Services Committee.
Mayor Peters stated the City has a need to get the Fire Department out of the tents and
into a building. She said property owners have more at risk in property value, and the
rest of the community would benefit from the paramedic support.
MOTION: Councilmember Winholtz moved the City Council go beyond 11:00 p.m.
The motion was seconded by Mayor Peters and carried with
Councilmember Peirce voting no. (4-1)
MOTION: Councilmember Baxley moved the City Council approve the following: 1)
receive and file the Fire Services Survey information; 2) begin the process
required to sell City property presently designated as a future fire station
site, located on San Jacinto Street property; 3) establish a policy that the
entire proceeds from the sale of the San Jacinto Street property be
designated for construction of the replacement headquarters fire station; 4)
® begin the process to pursue the establishment of a benefit assessment
district by directing staff to prepare a cost analysis; 5) recognize and
encourage the Friends of the Firefighters; a new volunteer citizens group
formed for the purpose of raising funds to promote increased fire services;
and 6) disband the Ad -Hoc Emergency Services Committee. The motion
was seconded by Councilmember Peirce and carried with Councilmember
Winholtz voting no. (4-1)
ADJOURNMENT
The meeting adjourned at 11:05 p.m.
Recorded by:
Bridgett Bauer
City Clerk
13
�► City of Morro Bay
City Council Agenda
Mission Statement
The City of Morro Bay is dedicated to the preservation and enhancement of the quality
of life. The City shall be committed to this purpose and will provide a level of
municipal service and safety consistent with and responsive to the needs of the public.
REGULAR MEETING — FEBRUARY 28, 2005
CLOSED SESSION — FEBRUARY 28, 2005
CITY HALL CONFERENCE ROOM - 5:00 P.M.
595 HARBOR ST., MORRO BAY, CA
® CS-1 GOVERNMENT CODE SECTION 54956.8; REAL 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 one (1) parcel:
Pro e : Water Outfall Line Easement.
Negotiating Parties: Duke Energy and the City of Morro Bay.
Negotiations: Renegotiation and extension of terms and conditions of
lease agreement.
IT IS NOTED THAT THE CONTENTS OF CLOSED SESSION MEETINGS
ARE CONFIDENTIAL AND EXEMPT FROM DISCLOSURE.
® PUBLIC SESSION — FEBRUARY 28, 2005
VETERANS MEMORIAL HALL - 6:00 P.M.
209 SURF ST., MORRO BAY, CA
ESTABLISH QUORUM AND CALL TO ORDER
MOMENT OF SILENCE
PLEDGE OF ALLEGIANCE
MAYOR AND COUNCILMEMBERS ANNOUNCEMENTS & PRESENTATIONS
CLOSED SESSION REPORT
PUBLIC COMMENT PERIOD - Members of the audience wishing to address the
Council on City business matters (other than Public Hearing items under Section B) may
do so at this time.
To increase the effectiveness of the Public Comment Period, the following rules shall be
followed:
• When recognized by the Mayor, please come forward to the podium and state
your name and address for the record. Comments are to be limited to three
minutes.
• All remarks shall be addressed to Council, as a whole, and not to any
individual member thereof.
® • The Council respectfully requests that you refrain from making slanderous,
profane or personal remarks against any elected official, commission and/or
staff.
• Please refrain from public displays or outbursts such as unsolicited applause,
comments or cheering.
• Any disruptive activities that substantially interfere with the ability of the City
Council to carry out its meeting will not be permitted and offenders will be
requested to leave the meeting.
• Your participation in City Council meetings is welcome and your courtesy
will be appreciated.
In compliance with the Americans with Disabilities Act, if you need special assistance to
participate in this meeting, please contact the City Clerk, (805) 772-6205. Notification 72
hours prior to the meeting will enable the City to make reasonable arrangements to ensure
accessibility to this meeting.
COUNCIL DECLARATION OF FUTURE AGENDA ITEMS
A. CONSENT CALENDAR
Unless an item is pulled for separate action by the City Council, the following actions are
approved without discussion.
2
® A-1 MINUTES FOR THE FEBRUARY 14, 2005 REGULAR MEETING;
(ADMINISTRATION)
RECOMMENDATION: Approve as submitted.
A-2 INVESTMENT REPORT FOR JANUARY 2005; (FINANCE)
RECOMMENDATION: Receive report for information.
A-3 RESOLUTION NO.07-05 APPROVING THE RECREATION & PARKS COST OF
SERVICES STUDY AND AMENDMENTS TO THE MASTER FEE SCHEDULE
FOR FACILITY RENTAL FEES; (RECREATION & PARKS)
RECOMMENDATION: Adopt Resolution No. 07-05.
A-4 PROCLAMATION DECLARING MARCH 2O05 AS "AMERICAN RED CROSS
MONTH'; (ADMINISTRATION)
RECOMMENDATION: Adopt Proclamation.
B. PUBLIC HEARINGS, REPORTS & APPEARANCES
B-I REVIEW AND CONSIDERATION OF CHANGES TO THE POLICE
® DEPARTMENT FEE SCHEDULE AND MASTER FEE SCHEDULE; (POLICE)
RECOMMENDATION: Approve the recommended fee adjustments for the
Police Department.
E
B-2 PUBLIC HEARING ON PROPOSED UPDATE TO THE ZONING
ORDINANCE, ZONING MAP AND ACCOMPANYING NEGATIVE
DECLARATION; (PUBLIC SERVICES)
RECOMMENDATION: Receive public comment; identify suggested changes;
and, continue public hearing to the March 14, 2005 City Council meeting.
C. UNFINISHED BUSINESS — NONE.
D. NEW BUSINESS
D-1 REVIEW OF MID -YEAR BUDGET REPORT FOR FISCAL YEAR 2004-2005;
(FINANCE)
RECOMMENDATION: Approve the proposed changes to the adopted budget,
and direct staff to draft a resolution formally authorizing modifications to
the budget.
ki
® D-2 RESOLUTION NO.06-05 APPROVING A SUBLEASE FOR A PORTION OF
LEASE SITE 86/86W, LOCATED AT 801 EMBARCADERO, BETWEEN THE
FISHBOWL RESTAURANT LLC AND RON BOONE; (HARBOR)
RECOMMENDATION: Adopt Resolution No. 06-05.
D-3 REVIEW OF ABANDONED BOAT ABATEMENT PROGRAM; (COUNCIL)
RECOMMENDATION: Discuss and direct staff accordingly.
DA REVIEW OF ABANDONED VEHICLE ABATEMENT PROGRAM; (COUNCIL)
RECOMMENDATION: Discuss and direct staff accordingly.
D-5 CONSIDERATION OF CREATING A CITY PUBLIC ART POLICY; (COUNCIL)
RECOMMENDATION: Discuss and direct staff accordingly.
D-6 RESCHEDULING BROWN ACT AND POLICIES AND PROCEDURES
WORKSHOP; (CITY ATTORNEY)
RECOMMENDATION: Discuss and direct staff accordingly.
® E. ADJOURNMENT
THIS AGENDA IS SUBJECT TO AMENDMENT UP TO 72 HOURS PRIOR TO
THE DATE AND TIME SET FOR THE MEETING. PLEASE REFER TO THE
AGENDA POSTED AT CITY HALL FOR ANY REVISIONS OR CALL THE
CLERK'S OFFICE AT 772-6200 FOR FURTHER INFORMATION.
COPIES OF STAFF REPORTS OR OTHER PUBLIC DOCUMENTATION
RELATING TO EACH ITEM OF BUSINESS REFERRED TO ON THIS
AGENDA ARE ON FILE IN THE OFFICE OF THE CITY CLERK AND
AVAILABLE FOR PUBLIC INSPECTION AND REPRODUCTION AT COST AT
CITY HALL, LIBRARY, AND MILLS STATIONERY.
IN COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT, IF
YOU NEED SPECIAL ASSISTANCE TO PARTICIPATE IN A CITY MEETING,
PLEASE CONTACT THE CITY CLERK'S OFFICE AT LEAST 24 HOURS
PRIOR TO THE MEETING TO INSURE THAT REASONABLE
ARRANGEMENTS CAN BE MADE TO PROVIDE ACCESSIBILITY TO THE
MEETING.
13
® MINUTES - MORRO BAY CITY COUNCIL
CLOSED SESSION — FEBRUARY 28, 2005
CITY HALL CONFERENCE ROOM - 5:00 P.M.
11
Mayor Peters called the meeting to order at 5:00 p.m
PRESENT: Janice Peters
Mayor
Thad Baxley
Councilmember
Melody DeMeritt
Councilmember
William Peirce
Councilmember
Betty Winholtz
Councilmember
STAFF: Robert Hendrix
City Manager
Robert Schultz
City Attorney
CLOSED SESSION
MOTION: Councilmember Peirce moved the meeting be adjourned to Closed
Session. The motion was seconded by Councilmember Baxley and
unanimously carried. (5-0)
Mayor Peters read the Closed Session Statement.
CS-1
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 one (1) parcel:
• Pro : Water Outfall Line Easement.
Ne otg iating Parties: Duke Energy and the City of Morro Bay.
Negotiations: Renegotiation and extension of terms and conditions of
lease agreement.
The meeting adjourned to Closed Session at 5:00 p.m. and returned to regular session at
5:50 P.M.
MOTION: Councilmember Peirce moved the meeting be adjourned. The motion was
seconded by Councilmember Baxley and unanimously carved. (5-0)
The meeting adjourned at 5:50 p.m.
® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — FEBRUARY 28, 2005
VETERANS MEMORIAL HALL - 6:00 P.M.
Mayor Peters called the meeting to order at 6:00 p.m.
PRESENT: Janice Peters
Mayor
Thad Baxley
Councilmember
Melody DeMeritt
Councilmember
William Peirce
Councilmember
Betty Winholtz
Councilmember
STAFF: Robert Hendrix
City Manager
Robert Schultz
City Attorney
Bridgett Bauer
City Clerk
Rick Algert
Harbor Director
Bruce Ambo
Public Services Director
John DeRohan
Police Chief
Mike Pond
Fire Chief
Mike Prater
Associate Planner
Jim Koser
Finance Director
Andrea Lueker
Recreation & Parks Director
®
ESTABLISH QUORUM AND CALL TO ORDER
MOMENT OF SILENCE
PLEDGE OF ALLEGIANCE
MAYOR'S REPORTS & ANNOUNCEMENTS
CLOSED SESSION REPORT - City Attorney Robert Schultz reported the City Council
met in Closed Session, and no reportable action under
the Brown Act was taken.
C
PUBLIC COMMENT
The following people addressed the City's current budget situation: Wanda Durick,
Christine Presnall, Susan Heinemann, Jim Bianchi, Dan Glessman, Peter Risley, Chuck
Meissnser, David Nelson, Bill Woodson, and Garry Johnson.
Greg Smith, Superintendent of State Parks, gave an update on the Snowy Plover issue,
and the State Park Campground renovation project, noting the park should be open by
April 1, 2005.
Phil Hill stated Mandy Davis has done a lot of good for the City, and expressed concern
with an incident that involved Ms. Davis who is being harassed by the Black Brant
Group.
2
® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — FEBRUARY 28, 2005
Karen Hamon stated what Mandy Davis is trying to do is to save the estuary and its
animals. She requested Council support the consideration of cutting back on hunting in
the back bay.
Susie Correa, Sheriff's Department, stated she is looking for support of the community
for the Estero Bay Youth Coalition.
Casey Chaffe stated she is involved with the Estero Bay Youth Coalition and encouraged
representation from Morro Bay on this board, which benefits the youth in our
community.
Roger Castle stated he has been appointed as President of the Historical Society in Morro
Bay, and invited the public to attend their meetings.
David Nelson stated he saw the power plant in Moss Landing and stated it was not quiet;
it's ugly and polluting. He said Council should visit this plant to see what it looks like
prior to signing any agreements with Duke Energy.
® George Caravana expressed concern with the proposed zoning on Alder Street. He said
commercial properties are allowed 30-foot height regulations, and the neighbors behind
these properties are limited to 25 feet, which will lower the property values of the
residences behind these buildings.
Mandy Davis stated there should be respect for humanity and animals. She said she and
others are trying to change the policies of Fish & Game as they relate to hunting, but they
are handling it with respect.
Ed Sylvester addressed regulations that are placed on commercial fishermen.
Juliana Epperly addressed the identification of sources of E-Coli contamination in the
shellfish growing areas of the Morro Bay Estuary.
Colby Crotzer addressed protocol of the agenda, and also stated aggressive leadership is
needed at this time.
Ed Dumong stated he loves to go duck hunting in the back bay, and would like that the
regulations will not change to the point where hunters cannot enjoy this sport.
Alex Beattie stated tennis courts are not needed at Del Mar Park because they take up too
much space, and a preferred use would be for walking dogs or a skate park.
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — FEBRUARY 28, 2005
Brad Baker thanked the City for the stop signs at Estero and Anchor Streets, and the
traffic has calmed down since their placement.
Garry Johnson expressed concern with the safekeeping of the estuary with too many
agencies involved. He also stated that neighbors should have been informed of the
training exercise held by the SherifPs Department at Anthony's on Sunday.
Mayor Peters closed the hearing for public comment.
Mayor Peters called for a break at 7:35 p.m.; the meeting resumed at 7:45 p.m.
DECLARATION OF FUTURE AGENDA ITEMS —None.
A. CONSENT CALENDAR
Unless an item is pulled for separate action by the City Council, the following actions are
approved without discussion.
® A-1 MINUTES FOR THE FEBRUARY 14, 2005 REGULAR MEETING:
(ADMINISTRATION)
I
RECOMMENDATION: Approve as submitted.
A-2 INVESTMENT REPORT FOR JANUARY 2005; (FINANCE)
RECOMMENDATION: Receive report for information.
A-3 RESOLUTION NO. 07-05 APPROVING THE RECREATION & PARKS COST OF
SERVICES STUDY AND AMENDMENTS TO THE MASTER FEE SCHEDULE
FOR FACILITY RENTAL FEES; (RECREATION & PARKS)
RECOMMENDATION: Adopt Resolution No. 07-05.
A-4 PROCLAMATION DECLARING MARCH 2O05 AS "AMERICAN RED CROSS
MONTH'; (ADMINISTRATION)
RECOMMENDATION: Adopt Proclamation.
Councilmember DeMeritt pulled Item A-1 from the Consent Calendar; Councilmember
Winholtz pulled Item A-3.
4
® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — FEBRUARY 28. 2005
MOTION: Councilmember Baxley moved the City Council approve Items A-2 and
A4 of the Consent Calendar. The motion was seconded by
Councilmember Peirce and carried unanimously. (5-0)
A-1 MINUTES FOR THE FEBRUARY 14, 2005 REGULAR MEETING;
(ADMINISTRATION)
Councilmember DeMeritt requested an addition be made to page 10, paragraph 2 as follows:
"Council suggested that any discussion on connecting average heights with setbacks be
tagged for discussion by the Planning Commission."
MOTION: Councilmember DeMeritt moved the City Council approve Item A-1 of
the Consent Calendar as amended. The motion was seconded by
Councilmember Baxley and carried unanimously. (5-0)
A-3 RESOLUTION NO. 07-05 APPROVING THE RECREATION & PARKS COST OF
SERVICES STUDY AND AMENDMENTS TO THE MASTER FEE SCHEDULE
FOR FACILITY RENTAL FEES; (RECREATION & PARKS)
® Councilmember Winholtz asked why the increase for adult basketball is so high, and
expressed concern that people will go somewhere else.
Recreation & Parks Director Andrea Lueker clarified that this fee is high because of the high
gym rental rates. She said this fee has already been established.
MOTION: Councilmember Winholtz moved the City Council approve Item A-3 of
the Consent Calendar. The motion was seconded by Councilmember
Baxley and carried unanimously. (5-0)
B. PUBLIC HEARINGS. REPORTS & APPEARANCES
B-1 REVIEW AND CONSIDERATION OF CHANGES TO THE POLICE
DEPARTMENT FEE SCHEDULE AND MASTER FEE SCHEDULE; (POLICE)
Police Chief John DeRohan stated the Police Department fee schedule has not been
updated in at least five years and the Morro Bay police fees are well below the County
median of surveyed local police agencies. Some of the existing fees do not comply with
current state law and as such it was necessary to review the current fees and adjust
accordingly. The parking violation fees have not been adjusted in several years and the
current parking violation amounts are so low they do not serve as a deterrent. The police
is fees of seven other local agencies were reviewed and a median rate was calculated for
5
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — FEBRUARY 28, 2005
each fee category. Due to the police fee categories being the same with other agencies,
paid time/fee studies by one agency would be applicable to others. Chief DeRohan
recommended elevating most of the Police Department fees and all the parking violation
fees to be in line with the County median and actual hourly costs of personnel. He said it
should be noted that law violators, defense firms, and insurance companies pay most
police fees and so there is little impact on general community members.
Mayor Peters opened the hearing for public comment; there being no comments, Mayor
Peters closed the public comment hearing.
Councilmember Baxley stated he supports the proposed increase in these fees.
Councilmember Winholtz stated she supports increases; however, she requested not all
fees be raised so significantly (i.e. parking violations). She said she supports higher
increases to fees that are issued for violations such as fire hydrant blockage and parking
in a fire lane.
Councilmember Peirce stated he would recommend charging $300 for both the vehicle
® abandonment and towing abandoned car violations. He said he supports a $40 fine for
parking violations.
Councilmember DeMeritt stated parking violation fines should not be so significant to
discourage tourists from coming to the City. She said she supports maintaining higher
fees for parking violations in fire lanes, handicap spaces, etc.; however, she would like to
keep regular parking violations for people who are shopping and/or dining at a lower
fine.
Mayor Peters stated she supports the proposed increase in fees. She said other cities in
the County are charging the higher fee for parking violations.
MOTION: Councilmember Baxley moved the City Council approve the
recommended fee schedule update and parking violation fees, with an
amendment to vehicle abandonment on street and removal fee to $300,
with staff to return with an implementing resolution for Council approval.
The motion was seconded by Councilmember Peirce and carried with
Councilmember DeMeritt and Councilmember Winholtz voting no. (3-2)
CJ
® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — FEBRUARY 28, 2005
B-2 PUBLIC HEARING ON PROPOSED UPDATE TO THE ZONING
ORDINANCE, ZONING MAP AND ACCOMPANYING NEGATIVE
DECLARATION; (PUBLIC SERVICES)
Associate Planner Mike Prater stated public hearings on the update to the Zoning
Ordinance, Zoning Map and Environmental Document were held on January 25, 2005
and February 14, 2005, and was continued to the Council meetings on February 28'". At
the February 14°i hearing, the City Council finished the review of the Residential
Districts, with the exception of Second Dwelling Unit provisions, which were referred to
the Planning Commission. Changes to the Residential Development Standard for the RS-
B District included changing the existing lot size to accommodate the Cloister's
Subdivision, and correcting the side yard setback to five feet; and in the RM District the
height limit was lowered to 25 feet and the rear set back was changed for consistency
with the current procedure. Mr. Prater recommended the City Council open the hearing
for public comment, identify suggested changes, and continue the public hearing to the
March 14`h meeting.
Mayor Peters opened the hearing for public comment.
® Dorothy Cutter requested the proposed mixed -use zoning be kept the way it is because it
is in a residential neighborhood. She also addressed the PD Overlay and said it has been
abused and it is a developer's gain; she requested Council do away with that and keep the
standards the same.
David Nelson expressed concern with the PD Overlay stating developers are gaining
from this designation. He said the proposed designations have too many loopholes that
may change the character of the City.
Susan Heinemann shared the definition of a PD Overlay designation noting it is very
vague. She said approximately 65% of the City is under a PD Overlay designation. Ms.
Heinemann stated a PD Overlay gives a property owner a deviation in minimum lot area,
yard setbacks, height limits and other physical dimensions. She suggested eliminating
the PD Overlay designation.
Alex Beattie stated a profit -maximizing developer would build the largest house to fit on
a lot. He said if the City is serious about providing affordable housing, the maximum lot
coverage should be reduced and setbacks should be increased.
Bob Tefft stated it would be helpful if the agenda would reflect what sections of the
ordinance will be reviewed.
11
® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — FEBRUARY 28, 2005
Ed Dumong stated houses are being built so large that there are no yards for kids to play
in. He also stated garages should be used to park cars and not used for storage.
Mayor Peters closed the public comment hearing.
Consensus of the Council was to maintain a 25-foot height limit in the R-4 zone.
MOTION: Councilmember DeMeritt moved the City Council add language that any
discussion on connecting average heights with setbacks be tagged for
discussion by the Planning Commission. The motion was seconded by
Mayor Peters and carried unanimously. (5-0)
The City Council completed their review up to the Industrial Zones (General and Coastal
Dependent), and will continue discussion on Mixed Use at the March 14, 2005 meeting.
C. UNFINISHED BUSINESS — NONE.
D. NEW BUSINESS
® D-1 REVIEW OF MID -YEAR BUDGET REPORT FOR FISCAL YEAR 2004-2005;
(FINANCE)
Finance Director Jim Koser stated the purpose of the mid -year budget report is to report
on actual spending and revenue receipts in relation to the adopted budget and to consider
any subsequent changes to the budget based upon staff requests and/or City Council
actions taken since the budget was adopted. Last year at this time, the City Council gave
direction to staff on their priorities, including the desire to avoid reductions in workforce.
Staff presented a budget that was balanced in part by the one-time transfer of excess
Insurance Fund reserves and through drawing down the General Fund's own reserves.
Beginning two years ago, the City began to cutback in the supplies and services areas of
the budget until they were to the minimum levels necessary to support operations. Also,
beginning two years ago, the City Council imposed a hiring review process for any
vacancies that occurred. This past year, the City Council elevated the process to a freeze
on all non-public safety vacancies. Mr. Koser recommended the City Council provide
direction on the proposed budget adjustments; the transfer of employee funding for the
Utility Billing Clerk, the City Engineer and the Capital Projects Manager; direction on
the current year's budget; and, direction to prepare the appropriate Council Resolution of
Supplemental Appropriation to reflect their decisions.
® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — FEBRUARY 28, 2005
Councilmember Winholtz stated Council should make cuts and proposed to cut Council
salaries back to the original salary. She said she supports saving on overtime pay by
secretaries and/or office assistants not attending meetings and preparing action minutes.
Councilmember Winholtz stated she does not support moving all three employees to the
Water Fund.
Councilmember DeMeritt stated she does not believe that saving a little here and there is
going to resolve the deficit the City is facing. She said she favors salary reductions to
save layoffs; and she would like the City Manager to direct the Community Promotions
Committee to adjust their budget by 20%. Councilmember DeMeritt stated a policy is
needed to direct staff that sales of real estate should go to the reserves. She said she
supports the continuation of the hiring freeze in all departments; continue to cut expenses
20% across the board; employees to take compensation time instead of over time pay;
and do away with contingency funds.
Councilmember Peirce stated he does not believe that the Community Promotions
Committee budget should be cut drastically. He said he supports the consideration of
action minutes, and remove the unfunded positions from the budget. Councilmember
® Peirce stated citizens should be encouraged to buy locally.
Il
Mayor Peters stated Community Promotions Committee funds have already been
designated. She said there is no way you can expect an employee to work overtime
without being paid or receiving compensation time. Mayor Peters stated contingency
funds could be cut but not removed because they are used for the good of the community.
She said she supports action minutes, and removal of unfunded positions; however, she
does not agree with Council giving up their salaries. Mayor Peters recommended the
consideration of working shorter days.
Councilmember Baxley stated one problem is there is a planned deficit placed by a
previous City Council and this Council has to figure out how to get through the next four
months. He said Council should accept the proposed changes in the staff report,
including the three salaries proposed to move to the Water Fund. Councilmember Baxley
stated a previous Council discussed going to action minutes and it was not approved. He
said removing the four vacancies is fine for now; however, one or two of those positions
may need to be reinstated in a year or two because that position may be needed in the
City.
6
MINUTES - MORRO BAY CITY COUNCIL
® REGULAR MEETING — FEBRUARY 28, 2005
MOTION: Councilmember Baxley moved the City Council: 1) approve the changes
to the adopted budget as proposed by staff; 2) approve moving specified
allocated positions from the General Fund to the Water Fund, effective
Januaryl, 2005; 3) eliminate four current vacant allocated positions from
the budget; and 4) direct staff to return with a resolution formally
authorizing these modifications to the budget. The motion was seconded
by Councilmember Peirce and carved unanimously. (5-0)
Mayor Peters called for a break at 10:05 p.m.; the meeting resumed at 10:15 p.m.
D-2 RESOLUTION NO. 06-05 APPROVING A SUBLEASE FOR A PORTION OF
LEASE SITE 86/86W, LOCATED AT 801 EMBARCADERO, BETWEEN THE
FISHBOWL RESTAURANT LLC AND RON BOONE; (HARBOR)
Harbor Director Rick Algert stated the manager of the Fishbowl LLC has requested
approval of a sublease agreement for a portion of Lease Site 86/86W, located at 801
Embarcadero. City policy states that approval of an assignment or sublease cannot be
unreasonably withheld. As all terms of the master lease are in compliance, Mr. Algert
® recommended the City Council approve the sublease for a portion of Lease Site 86/86W
with the Fishbowl LLC and Ron Boone, doing business as Southern Port Traders.
MOTION: Councilmember Winholtz moved the City Council adopt Resolution No.
06-05 approving a sublease agreement for a portion of Lease Site 86/86W,
located at 801 Embarcadero, between the Fishbowl Restaurant LLC and
Ron Boone. The motion was seconded by Councilmember Peirce and
carried unanimously. (5-0)
D-3 REVIEW OF ABANDONED BOAT ABATEMENT PROGRAM; (COUNCIL)
This item was continued to the March 14, 2005 City Council meeting.
D-4 REVIEW OF ABANDONED VEHICLE ABATEMENT PROGRAM; (COUNCIL)
This item was continued to the March 14, 2005 City Council meeting.
D-5 CONSIDERATION OF CREATING A CITY PUBLIC ART POLICY; (COUNCIL)
This item was continued to the March 14, 2005 City Council meeting.
1
�J
10
® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — FEBRUARY 28, 2005
D-6 RESCHEDULING BROWN ACT AND POLICIES AND PROCEDURES
WORKSHOP; (CITY ATTORNEY)
City Attorney Robert Schultz stated the City Council previously scheduled the Brown
Act and Policies and Procedures Workshop for March 2, 2005.
The City Council tentatively scheduled the Brown Act and Policies and Procedures
Workshop for Monday, March 21, 2005 prior to the Planning Commission meeting
starting at 5:00 p.m.
ADJOURNMENT
The meeting adjourned at 10:57 p.m.
Recorded by: /
1 M &A►/
® Bridgett Bauer
City Clerk
11
® City of Morro Bay
City Council Agenda
Mission Statement
The City of Morro Bay is dedicated to the preservation and enhancement of the quality
of life. The City shall be committed to this purpose and will provide a level of
municipal service and safety consistent with and responsive to the needs of the public.
REGULAR MEETING — FEBRUARY 14, 2005
CLOSED SESSION — FEBRUARY 14, 2005
CITY HALL CONFERENCE ROOM - 5:00 P.M.
595 HARBOR ST., MORRO BAY, CA
CS-1 GOVERNMENT CODE SECTION 54956.9; CONFERENCE WITH
® LEGAL COUNSEL DUE TO ANTICIPATED LITIGATION. Initiation of
litigation exists based upon existing facts and the advice of legal counsel as to one
matter.
• Parties: City of Morro Bay and Martony/Pekarek
Issue: Breach of Lease Agreement for Lease Site 35W-36W.
CS-2 GOVERNMENT CODE SECTION 54956.8; REAL 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.
• Property: One acre land at the corner of Jacinto Street and SRI
Negotiating Parties: City and Keyoto-Morro Bay, Inc.
Negotiations: Sale terms
IT IS NOTED THAT THE CONTENTS OF CLOSED SESSION MEETINGS
ARE CONFIDENTIAL AND EXEMPT FROM DISCLOSURE.
CA
® PUBLIC SESSION — FEBRUARY 14, 2005
VETERANS MEMORIAL HALL - 6:00 P.M.
209 SURF ST., MORRO BAY, CA
ESTABLISH QUORUM AND CALL TO ORDER
MOMENT OF SILENCE
PLEDGE OF ALLEGIANCE
MAYOR AND COUNCILMEMBERS ANNOUNCEMENTS & PRESENTATIONS
CLOSED SESSION REPORT
PUBLIC COMMENT PERIOD - Members of the audience wishing to address the
Council on City business matters (other than Public Hearing items under Section B) may
do so at this time.
To increase the effectiveness of the Public Comment Period, the following rules shall be
followed:
• When recognized by the Mayor, please come forward to the podium and state
your name and address for the record. Comments are to be limited to three
minutes.
• All remarks shall be addressed to Council, as a whole, and not to any
individual member thereof.
® • The Council respectfully requests that you refrain from making slanderous,
profane or personal remarks against any elected official, commission and/or
staff.
• Please refrain from public displays or outbursts such as unsolicited applause,
comments or cheering.
• Any disruptive activities that substantially interfere with the ability of the City
Council to carry out its meeting will not be permitted and offenders will be
requested to leave the meeting.
• Your participation in City Council meetings is welcome and your courtesy
will be appreciated.
In compliance with the Americans with Disabilities Act, if you need special assistance to
participate in this meeting, please contact the City Clerk, (805) 772-6205. Notification 72
hours prior to the meeting will enable the City to make reasonable arrangements to ensure
accessibility to this meeting.
COUNCIL DECLARATION OF FUTURE AGENDA ITEMS
A. CONSENT CALENDAR
Unless an item is pulled for separate action by the City Council, the following actions are
approved without discussion.
2
® A -I MINUTES FOR THE JANUARY 10, 2005 AND JANUARY 24, 2005
REGULAR MEETINGS; AND MINUTES FOR THE JANUARY 19, 2005,
JANUARY 20, 2005, JANUARY 25, 2005 AND JANUARY 31, 2005 SPECIAL
MEETINGS; (ADMINISTRATION)
RECOMMENDATION: Approve as submitted.
A-2 AUTHORIZATION FOR ATTENDANCE AT THE C-MANC ANNUAL
MEETING IN WASHINGTON D.C.; (HARBOR)
RECOMMENDATION: Approve authorization for a two -person delegation to
attend CMANC's Washington Week meetings that will be held March 7-10,
2005.
A-3 STATUS REPORT ON CDBG FUNDING ACTIVITIES — POTENTIAL FOR
FIRE STATION UPGRADE; (PUBLIC SERVICES)
RECOMMENDATION: Receive report for information.
A-4 PROCLAMATION DECLARING DESIGNATING TUESDAY, FEBRUARY
22, 2005, AS "SPAY DAY USA'; (ADMINISTRATION)
® RECOMMENDATION: Adopt Proclamation.
B. PUBLIC HEARINGS. REPORTS & APPEARANCES
C
B-1 COST OF SERVICES STUDY FOR THE RECREATION AND PARKS
DEPARTMENT AND RECOMMENDED MASTER FEE SCHEDULE
ADJUSTMENTS FOR FACILITY USE FEES; (RECREATION & PARKS)
RECOMMENDATION: Review and accept the Cost of Services Study,
specifically the Detail of Recreation Services section that indicates the cost
recovery goal for recreation services; and, approve the amended Facility
Rental Fee section of the Master Fee Schedule.
B-2 PUBLIC HEARING ON PROPOSED UPDATE TO THE ZONING
ORDINANCE, ZONING MAP AND ACCOMPANYING NEGATIVE
DECLARATION; (PUBLIC SERVICES)
RECOMMENDATION: Receive public comment; identify suggested changes;
and, continue public hearing to the February 28, 2005 City Council meeting.
t
® C. UNFINISHED BUSINESS
C-1 UPDATE ON EXPANSION OF TRANSIENT OCCUPANCY TAX TO APPLY
TO STATE PARKS CAMPGROUNDS; (ADMINISTRATION)
RECOMMENDATION: Take no further action in pursuit of this revenue
concept at this time.
D. NEW BUSINESS
D-1 ADOPTION OF AN INTERIM ORDINANCE NO. 505 PROHIBITING THE
ISSUANCE OF PERMITS FOR SECONDARY DWELLING UNITS; (CITY
ATTORNEY)
RECOMMENDATION: Adopt Interim Ordinance No. 505.
D-2 RECONSIDERATION OF ROCK SCULPTURE PLACEMENT PROJECT;
(PUBLIC SERVICES)
RECOMMENDATION: Discuss and direct staff accordingly.
D-3 REQUEST TO AGENDIZE DISCUSSION ON GARBAGE BILL DEBT
COLLECTION ISSUES; (CITY COUNCIL)
® RECOMMENDATION: Receive report for information.
E. ADJOURNMENT
THIS AGENDA IS SUBJECT TO AMENDMENT UP TO 72 HOURS PRIOR TO
THE DATE AND TIME SET FOR THE MEETING. PLEASE REFER TO THE
AGENDA POSTED AT CITY HALL FOR ANY REVISIONS OR CALL THE
CLERK'S OFFICE AT 772-6200 FOR FURTHER INFORMATION.
COPIES OF STAFF REPORTS OR OTHER PUBLIC DOCUMENTATION
RELATING TO EACH ITEM OF BUSINESS REFERRED TO ON THIS
AGENDA ARE ON FILE IN THE OFFICE OF THE CITY CLERK AND
AVAILABLE FOR PUBLIC INSPECTION AND REPRODUCTION AT COST AT
CITY HALL, LIBRARY, AND MILLS STATIONERY.
IN COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT, IF
YOU NEED SPECIAL ASSISTANCE TO PARTICIPATE IN A CITY MEETING,
PLEASE CONTACT THE CITY CLERK'S OFFICE AT LEAST 24 HOURS
PRIOR TO THE MEETING TO INSURE THAT REASONABLE
ARRANGEMENTS CAN BE MADE TO PROVIDE ACCESSIBILITY TO THE
® MEETING.
4
MINUTES - MORRO BAY CITY COUNCIL
CLOSED SESSION — FEBRUARY 14.2005
CITY HALL CONFERENCE ROOM - 5:00 P.M.
Mayor Peters called the meeting to order at 5:10 p.m.
PRESENT: Janice Peters Mayor
STAFF
CLOSED SESSION
Thad Baxley
Melody DeMeritt
William Peirce
Betty Winholtz
Robert Hendrix
Robert Schultz
Councilmember
Councilmember
Councilmember
Councilmember
City Manager
City Attorney
MOTION: Councilmember Peirce moved the meeting be adjourned to Closed
Session. The motion was seconded by Councilmember Baxley and
unanimously carried. (5-0)
Mayor Peters read the Closed Session Statement.
® CS-1 GOVERNMENT CODE SECTION 54956.9; CONFERENCE WITH
LEGAL COUNSEL DUE TO ANTICIPATED LITIGATION. Initiation of
litigation exists based upon existing facts and the advice of legal counsel as to one
matter.
• Parties: City of Morro Bay and Martony/Pekarek
Issue: Breach of Lease Agreement for Lease Site 35W-36W.
CS-2 GOVERNMENT CODE SECTION 54956.8; REAL 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.
Property: One acre land at the comer of Jacinto Street and SR
Negotiating Parties: City and Keyoto-Morro Bay, Inc.
Negotiations: Sale terms
The meeting adjourned to Closed Session at 5:10 p.m. and returned to regular session at
5:55 p.m.
MOTION: Councilmember DeMeritt moved the meeting be adjourned. The motion
v was seconded by Councilmember Baxley and unanimously carried. (5-0)
0 The meeting adjourned at 5:55 p.m.
® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — FEBRUARY 14, 2005
VETERANS MEMORIAL HALL - 6:00 P.M.
E
Mayor Peters called the meeting to order at 6:00 p.m
PRESENT: Janice Peters
Mayor
Thad Baxley
Councilmember
Melody DeMeritt
Councilmember
William Peirce
Councilmember
Betty Winholtz
Councilmember
STAFF: Robert Hendrix
Robert Schultz
Bridgett Bauer
Rick Algert
Bruce Ambo
Bill Boucher
Janeen Burlingame
John DeRohan
Joan Drake
Mike Pond
Mike Prater
Jim Koser
Andrea Lueker
City Manager
City Attorney
City Clerk
Harbor Director
Public Services Director
Capital Projects Manager
Management Analyst
Police Chief
Administrative Assistant
Fire Chief
Associate Planner
Finance Director
Recreation & Parks Director
ESTABLISH QUORUM AND CALL TO ORDER
MOMENT OF SILENCE
PLEDGE OF ALLEGIANCE
MAYOR'S REPORTS & ANNOUNCEMENTS
CLOSED SESSION REPORT - City Attorney Robert Schultz reported the City Council
met in Closed Session, and no reportable action under the Brown Act was taken.
PUBLIC COMMENT
Dan Glessman reviewed the City's General Fund stating the unrestricted reserves could
be gone by the end of the year. He said the City should review the revenue and expense
imbalance issues now, and not wait for the next budget. Mr. Glessman suggested the
City Council direct the professionals employed by the City to devise a plan to reduce
expenses.
Hank Roth announced the Neighborhood Watch informational meeting will be held on
February 23rd, and the topic will be on elder abuse. He also noted the citizens academy
will start in March.
2
® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — FEBRUARY 14, 2005
Lynn Shonauer, President of the Estero Bay Women's Club, presented artwork from
schools throughout the County, and stated an award ceremony would be held on February
15'.
Bill Martony addressed a car accident that occurred at a neighbor's house on Main Street.
He stated this is a dangerous comer where several accidents have taken place, and
requested the City consider a traffic speed barrier at this location.
Michael Durick addressed public safety within the Fire Department, and said it should be
clear that this City could ill -afford a second fire station in light of the present budget
situation. Mr. Durick recommended Council place on hold the repairs to the current
station's equipment bay, and instead exchange the property where the station sits and
purchase a more centrally located fie station.
Keith Taylor stated the Friends of the Fire Department will soon be filing for a non-profit
license in order to hold educational and fund raising events to support our Fire
Department.
® Betty Forsythe, Friends of the Library, reviewed upcoming projects that will be taking
place at the library.
Ann Reeves addressed the car accident on Main Street last week, and said something
should be done to make this intersection safer.
Barbara Brebes addressed the danger of car accidents by her house on Main Street, and
requested the City place a traffic -calming device to slow cars down.
Jack McCurdy stated CAPE's position is that the outfall lease between the City and Duke
Energy should not be granted because it is grossly counterproductive to the City's best
interest in promoting tourism and protecting the health of the estuary. He said the
overriding issue is whether the City can legally accept lease terms proposed by Duke
Energy that are far below market value which could violate terms of its agreement with
the State Lands Commission to administer the tidelands lease and open the City to
litigation. Mr. McCurdy stated Duke Energy has misled the public; claiming that a new
plant would be smaller, cleaner and better when in fact it will be larger, dirtier and worse
for marine life.
Ll
® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — FEBRUARY 14, 2005
Wanda Durick stated the City has been spending more money than taking in for the last
two years. She recommended Council continue a freeze on hiring and place an
immediate freeze on all discretionary spending; and, convene an emergency meeting to
come up with a plan to fix our dire financial situation; and, post the budget on the City's
web -site.
Susan Heineman reviewed the budget stating in order to balance the 2004-2005 fiscal
year budget, the City borrowed funds from the insurance fund where they were being
reserved for future increases and scheduled retirement benefits such as PERS. She noted
the City also borrowed funds from the reserve fund for the purchase of the Brannigan
building. Ms. Heineman stated this money is important in maintaining a cushion for
emergencies such as floods or earthquake. She said the City is spending more than it is
taking in at this time, and would like to know how we are going to maintain the
champagne dream of a new civic center, two staffed fire houses, and quality services for
the citizens on a beer budget.
Phil Hill addressed significant changes in the estuary due to current hunting regulations
and said this issue should be reassessed for its negative impacts on public safety and well
® being of the animals.
Mandy Davis addressed hunting in the back bay and read excerpts from a long-time local
hunter in the local newspaper who is opposed to hunting in the bay under the current
circumstances.
Roy Vinio addressed Item D-1 (Adoption of an Interim Ordinance No. 505 Prohibiting
the Issuance of Permits for Secondary Dwelling Units) stating he has spent in excess of
$20,000 for a granny unit and is outraged that the City wants to place a moratorium on
granny units.
Stan House addressed a car accident by his daughter's house on Main Street between
Olive and Piney Way, and noted traffic is going too fast on this portion of Main Street.
He also addressed the budget crisis stating the City needs to stop spending money that is
not coming in.
Joey Racano stated the time has come to decide whether or not to resume the industrial
exploitation of our coastal resources by renewing the Duke Power Plant's outfall lease.
He also said it is time to change from burdening this slice of paradise with heavy industry
that benefits but a few, to an eco-tourism based economy that will benefit everyone.
® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — FEBRUARY 14, 2005
James Maul addressed Item D-2 (Reconsideration of Rock Sculpture Placement Project)
and asked why Council is considering the withdrawal of the sculpture since it has already
been approved. He said this is an opportunity for the City to have a nice piece of natural
art at the City entrance for little money.
Dave Peter also expressed his support for the placement of the sculpture at the entrance
of the City. He said fundraising is taking place to assist in the funding of this sculpture.
Bernadette Pekarek stated the City should support Dr. Korishelli's proposed sculpture for
the entrance of the City.
Mayor Peters closed the hearing for public comment.
Mayor Peters called for a break at 7:10 p.m.; the meeting resumed at 7:22 p.m.
MOTION: Councilmember Winholtz moved the City Council agendize an urgency
agenda item to stop all discretionary spending until the mid -year budget
review. The motion was seconded by Councilmember DeMeritt and failed
with Councilmember Baxley, Councilmember Peirce and Mayor Peters
voting no. (3-2)
® DECLARATION OF FUTURE AGENDA ITEMS
Councilmember Winholtz requested to agendize the discussion of creating a City Public
Art Policy; Councilmember DeMeritt concurred. Councilmember . Winholtz also
requested to agendize discussion on Council's position on the delisting of the snowy
plover; Councilmember DeMeritt concurred.
Mayor Peters requested to agendize the discussion of abandoned vehicle and boat
removal. Mayor Peters also requested to agendize the discussion of each Councilmember
taking a section of the budget for review.
A. CONSENT CALENDAR
Unless an item is pulled for separate action by the City Council, the following actions are
approved without discussion.
A-1 MINUTES FOR THE JANUARY 10, 2005 AND JANUARY 24, 2005
REGULAR MEETINGS; AND MINUTES FOR THE JANUARY 19, 2005,
JANUARY 20, 2005, JANUARY 25, 2005 AND JANUARY 31, 2005 SPECIAL
MEETINGS; (ADMINISTRATION)
® RECOMMENDATION: Approve as submitted.
5
® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING —FEBRUARY 14, 2005
A-2 AUTHORIZATION FOR ATTENDANCE AT THE C-MANC ANNUAL
MEETING IN WASHINGTON D.C.; (HARBOR)
RECOMMENDATION: Approve authorization for a two -person delegation to
attend CMANC's Washington Week meetings that will be held March 7-10,
2005.
A-3 STATUS REPORT ON CDBG FUNDING ACTIVITIES — POTENTIAL FOR
FIRE STATION UPGRADE; (PUBLIC SERVICES)
RECOMMENDATION: Receive report for information.
A-4 PROCLAMATION DECLARING DESIGNATING TUESDAY, FEBRUARY
22, 2005, AS "SPAY DAY USA'; (ADMINISTRATION)
RECOMMENDATION: Adopt Proclamation.
® Councilmember Winholtz pulled Items A-1 and A-3 from the Consent Calendar;
Councilmember DeMeritt pulled Item A-2; and, Mayor Peters pulled Item A-4.
1
A-1 MINUTES FOR THE JANUARY 10, 2005 AND JANUARY 24, 2005
REGULAR MEETINGS; AND MINUTES FOR THE JANUARY 19, 2005,
JANUARY 20, 2005, JANUARY 25, 2005 AND JANUARY 31, 2005 SPECIAL
MEETINGS; (ADMINISTRATION)
Councilmember Winholtz noted amendments to the minutes of the January 20 and 25,
2005 minutes, which are before Council for review. Council concurred with the
amendments.
MOTION: Councilmember DeMeritt moved the City Council approve Item A-1 of
the Consent Calendar as amended. The motion was seconded by
Councilmember Winholtz and carried unanimously. (5-0)
A-2 AUTHORIZATION FOR ATTENDANCE AT THE C-MANC ANNUAL
MEETING IN WASHINGTON D.C.; (HARBOR)
Councilmember DeMeritt addressed this item for clarification that the expenses for this
trip will be paid by the Joint Cable Fisheries Liaison Committee.
6l
® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING —FEBRUARY 14, 2005
MOTION: Councilmember Winholtz moved the City Council approve Item A-2 of
the Consent Calendar. The motion was seconded by Councilmember
Peirce and carried unanimously. (5-0)
A-3 STATUS REPORT ON CDBG FUNDING ACTIVITIES — POTENTIAL FOR
FIRE STATION UPGRADE; (PUBLIC SERVICES)
Councilmember Winholtz asked for clarification of the funding for the fire station
upgrade. Fire Chief Pond stated these CDBG funds would be helpful in opening the
second fire station in north Morro Bay, and repair the existing station. He noted in
researching property, there is no single property in the City that would adequately
provide service to the City.
MOTION: Councilmember Peirce moved the City Council approve Item A-3 of the
Consent Calendar. The motion was seconded by Councilmember Baxley
and carried unanimously. (5-0)
A-4 PROCLAMATION DECLARING DESIGNATING TUESDAY, FEBRUARY
® 22, 2005, AS "SPAY DAY USA"; (ADMINISTRATION)
Mayor Peters addressed this proclamation for public information.
MOTION: Mayor Peters moved the City Council approve Item A-4 of the Consent
Calendar. The motion was seconded by Councilmember Peirce and
carried unanimously. (5-0)
B. PUBLIC HEARINGS. REPORTS & APPEARANCES
B-1 COST OF SERVICES STUDY FOR THE RECREATION AND PARKS
DEPARTMENT AND RECOMMENDED MASTER FEE SCHEDULE
ADJUSTMENTS FOR FACILITY USE FEES; (RECREATION & PARKS)
Recreation & Parks Director Andrea Lueker stated in 1980, the City Council passed a
policy that all recreation programs and services were to strive for self-sufficiency. Under
that pricing policy, fees were determined by taking the direct cost of the program or
service and adding a thirty-five percent multiplier to the direct costs to cover the indirect
costs. In 1991, the Recreation & Parks Commission reviewed the past pricing policy and
determined the formula should be reevaluated to find a potentially more accurate method
of determining fees for programs and services. The 3-step method of evaluation involved
determining the direct costs for staff, equipment, rentals and facilities/parks. Secondly,
® the Commission divided the programs and services into one of five cost recovery
r
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — FEBRUARY 14, 2005
categories. The third step was to determine a cost recovery ratio/percentage of subsidy
for each individual cost recovery category. In order to establish actual costs of each
program or service, the Recreation & Parks Department conducted a time allocation
study and from that derived a cost allocation. Every couple of years since the initial
study, the department has updated the cost allocation numbers. Ms. Lueker
recommended the City Council review and accepts the Cost of Services Study,
specifically the Detail of Recreation Services section that indicates the cost recovery goal
for recreation services. Ms. Lueker also recommended the City Council approve the
amended Facility Rental Fee section of the Master Fee Schedule.
Mayor Peters opened the hearing for public comment.
Eric Johnson, Revenue & Cost Specialists, LLC, reviewed the Cost of Services Study.
Bill Martony stated there is a land lease site at the south boat launch ramp that could be
used as income property and a revenue builder for the City.
Mayor Peters closed the public comment hearing.
® Councilmember Peirce stated he would support fee increases for facility uses by non-
resident and non -charitable profit groups.
Mayor Peters stated she agrees facility use fees should be increased for the non-resident,
non -charitable and non-profit groups.
Councilmember Winholtz addressed fees on teen events vs. costs for the teen center.
Councilmember Baxley stated he also supports an increase in facility use fees; however,
the City will not recover all of its costs through this program.
Councilmember DeMeritt stated she supports healthier increases for facility uses by non-
resident and non -charitable profit groups.
MOTION: Councilmember Peirce moved the City Council accept the Cost of
Services Study, and approve the changes to the Master Fee Schedule as
proposed by staff and requested staff to return with an implementing
resolution that addresses changes in the categories outlined by Council.
The motion was seconded by Councilmember Baxley and carried
unanimously. (5-0)
0
® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — FEBRUARY 14, 2005
B-2 PUBLIC HEARING ON PROPOSED UPDATE TO THE ZONING
ORDINANCE, ZONING MAP AND ACCOMPANYING NEGATIVE
DECLARATION; (PUBLIC SERVICES)
Associate Planner Mike Prater stated a public hearing on the update to the Zoning
Ordinance, Zoning Map and Environmental Document was held on January 25, 2005,
and was continued to the Council meetings on February 14ei and 28's. At the hearing, a
presentation was given on the objectives of the update that include simplifying the
ordinance, providing illustrative graphics, eliminating excessive cross-references,
revising the Zoning Map with more readable colors and landform references, and
implementing the goals and policies of the General Plan and Local Coastal Plan. Mr.
Prater recommended the City Council open the public hearing; identify suggested
changes; and, continue the public hearing to the February 28 h Council meeting.
Mayor Peters opened the hearing for public comment.
Lynda Merrill stated the consultant changed the zoning designations for residential areas,
which is confusing to the layperson that is trying to understand the zoning ordinance.
is She expressed concern with the proposed maximum building height changes from 25 to
30 feet plus increased density, which will allow for 3-story buildings. Ms. Merrill stated
housing should be compatible with the surrounding neighborhoods.
Alex Beebe stated the proposed changes appear they are for larger homes. He said Morro
Bay is about its uniqueness and charm and not oppressively dense buildings.
Bob TefR reviewed inconsistencies between densities specified in Section 17.06 and
minimum lot sizes.
Dorothy Cutter submitted her comments in writing and requested they become part of the
official record.
Bill Martony stated the big concern is the change in R-1 zoning and requested this
designation remain the same.
Nancy Kerr stated south Morro Bay has charm, openness and a small town feel mostly
because the houses are varied in size and architectural style, and there is also a lot of
vegetation attracting birds and butterflies. She stated the proposed zoning changes would
destroy this unique area by allowing the building of big box houses.
Mayor Peters closed the public comment hearing.
C
0
MINUTES - MORRO BAY CITY COUNCIL
® REGULAR MEETING — FEBRUARY 14, 2005
The City Council reviewed Chapter 17.07 (Commercial District), Chapter 17.08
(Industrial District), Chapter 17.09 (Public Facilities District), Chapter 17.10 (Open
Space District, Chapter 17.11 (Agricultural District), and Chapter 17.15 (Planned
Development Overlay Zone).
The City Council finished the review of the Residential Districts, with the exception of
Second Dwelling Unit provisions, which were referred to the Planning Commission.
Changes to the Residential Development Standards for the RS-B District included changing
the existing lot size to accommodate the Cloisters Subdivision, and correcting the side yard
setback to 5 feet; and in the RM District, the height limit was lowered to 25 feet and the rear
set back was changed for consistency with the current procedure. Council suggested that any
discussion on connecting average heights with setbacks be tagged for discussion by the
Planning Commission.
The balance of the review of the document was continued to the February 28, 2005 City
Council meeting.
C. UNFINISHED BUSINESS
C-1 UPDATE ON EXPANSION OF TRANSIENT OCCUPANCY TAX TO APPLY
® TO STATE PARKS CAMPGROUNDS; (ADMINISTRATION)
City Manager Robert Hendrix stated during the regular City Council meeting of October
11, 2004, the City Council requested that staff continue discussions with a potential
legislative representative for the purpose of gaining an understanding of the legal and
political barriers involved in obtaining legislation that would authorize the City of Morro
Bay to charge Transient Occupancy Tax in the State Parks located within the City. Staff
followed up on this issue, working with Amy Brown of the firm of Kahn, Scares &
Conway, LLP. Ms. Brown was able to obtain informally a legal analysis of this issue,
from State Legislative Counsel. In brief, Legislative Counsel is of the opinion that this
legislative change involves the imposition of a new tax. As such, passage of the law
would require two-thirds vote of the legislature. The two-thirds requirement makes the
effort much more difficult. The costs of the effort could ultimately exceed the revenue
gained. This is assuming the City continued a relationship with the legislative advocate
on an on -going basis. In addition, it is not at all clear that the City could succeed in
obtaining passage of the bill. Because of these difficulties and the potential expense
involved, Mr. Hendrix recommended that the City Council take no further action in
pursuit of this revenue concept at this time.
MOTION: Councilmember Winholtz moved the City Council accept the report on
expansion of transient occupancy tax to apply to State Parks campgrounds.
The motion was seconded by Councilmember Peirce and carried
® unanimously. (5-0)
10
® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — FEBRUARY 14, 2005
D. NEW BUSINESS
D-1 ADOPTION OF AN INTERIM ORDINANCE NO. 505 PROHIBITING THE
ISSUANCE OF PERMITS FOR SECONDARY DWELLING UNITS; (CITY
ATTORNEY)
City Attorney Robert Schultz stated on January 31, 2005, an urgency measure was
determined necessary by the City Council based on the immediate threat to the public
health, safety or welfare for the residents of Morro Bay if applications for secondary
dwelling units were to continue to be processed. Both statutory and case authority
support the legislative body's right to consider and enact a moratorium on secondary
dwelling units while the City studies proposed general plan or zoning changes that might
impact and effect the development standards for secondary dwelling units. If enacted,
such an Interim Urgency Moratorium Ordinance would effectively prohibit the grant of
any project entitlements, including building permits for secondary dwelling units. Such
an ordinance must be adopted by a 4/5 vote of the Council and is effective immediately
upon adoption. It would be valid for no more than 45 days from the date of enactment. It
® may be extended for an additional period of 10 months and 15 days upon notice and
public hearing. A moratorium ordinance cannot be extended more than twice and cannot
exceed a total of two years. Additionally, ten days prior to the expiration of this Interim
Urgency Ordinance, the Council must issue a report describing the measures taken to
alleviate the conditions that led to the adoption of the ordinance. Mr. Schultz
recommended the City Council adopt Interim Ordinance No. 505.
Councilmember Peirce stated this ordinance should not affect those who have already
submitted plans and paid fees. He said the moratorium should not be longer than 45
days, and within that time period staff should come back to Council with some options.
Councilmember DeMeritt stated perhaps instead of looking at the number of days in the
process, the City should consider the steps in the process. She said the moratorium should
be done within 45 days.
Mayor Peters expressed concern with people who have already expended time and money
into plans, and should be given a few days to submit their plans.
Councilmember Winholtz disagreed stating if this does not take place immediately it will
give people time to get their plans submitted.
Councilmember Baxley stated permits should be granted to those who have submitted
® plans by today.
® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — FEBRUARY 14. 2005
MOTION: Councilmember Winholtz moved the City Council adopt Urgency
Ordinance No. 505 prohibiting the issuance of land use development
entitlements or land use permits for secondary dwelling units pending
completion of studies and preparation of an update to the City's Zoning
Ordinance Code. The motion was seconded by Councilmember DeMeritt
and carved unanimously. (5-0)
Mayor Peters called for a break at 9:04 p.m.; the meeting resumed at 9:14 p.m.
D-2 RECONSIDERATION OF ROCK SCULPTURE PLACEMENT PROJECT;
(PUBLIC SERVICES)
Capital Projects Manager Bill Boucher stated at the July 24,•2004 meeting, the City
Council adopted a motion accepting an offer by local artist Botso Koresheli for a
completed rock sculpture placed at the community gateway intersection of Morro Bay
Boulevard and Quintana Road. In the intervening months, the artist and his students have
been proceeding along and obtaining donations and making arrangements with the quag
® in the Sierra Nevada foothills to prepare and deliver the rock to the site. On February 4 ,
the artists submitted the final engineered plan, soils report and latest photo of the rock
from the quarry and informed us that the foundation was going to be installed in short
order. The overall size of the rock is stated as somewhat less than 15 feet tall and 10-12
wide at its widest point. This size is significantly larger than that indicated on the
original sketch prepared by the artist and presented to the Council but consistent with the
height referenced in the proponent's document within the sight distance analysis section.
It appears the actual size of the work is appreciably larger than many people had
envisioned and that reconsideration of the matter is warranted. The size of the work
would not restrict intersection sight distance to an unsafe degree. Whatever the size, it
will be held back far enough from the intersection so as to allow for adequate safe
stopping distance pursuant to our normal sight distance criteria. Mr. Boucher
recommended the City Council consider this matter, and direct staff accordingly.
Consensus of Council was to approve the sculpture with the condition that the project
proponent will assist in maintenance and graffiti treatment.
MOTION: Mayor Peters moved the City Council approve the rock sculpture with the
agreement that the support group for this artwork will provide
maintenance costs of maintaining the pumping systems and graffiti
removal. The motion was seconded by Councilmember Peirce and carried
unanimously. (5-0)
12
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — FEBRUARY 14, 2005
D-3 REQUEST TO AGENDIZE DISCUSSION ON GARBAGE BILL DEBT
COLLECTION ISSUES; (CITY COUNCIL)
City Manager Robert Hendrix stated Morro Bay Garbage Service (MBGS) General
Manager, Tom Martin, brought to light an issue regarding bad debt expense as the cost
for bad debt expense has risen dramatically over the past several years. In 2004, MBGS
wrote off approximately $7,500 in previously written off accounts, for a net write off of
$11,000. At the end of 2004, MBGS has a balance of approximately $24,000 in accounts
that are over 90 days past due. While there is a collections person at MBGS who pursues
the non -payers through phone calls, small claims court and a credit collection agency,
these actions are time consuming and not always successful. Mr. Martin indicated cities
like San Luis Obispo, Cayucos, Los Osos and Oceano have adopted a tax lien ordinance
that has virtually eliminated bad debt expense. Mr. Hendrix recommended the City
Council provide direction to staff with regard to policy pertaining to the garbage bill debt
collection issue raised in the recent Base Year Rate Adjustment Application from MBGS.
MOTION: Councilmember Peirce moved the City Council forward the consideration
of the garbage bill debt collection issue to the Public Works Advisory
® Board and return with recommendations to the City Council. The motion
was seconded by Councilmember Baxley and carried unanimously. (5-0)
ADJOURNMENT
The meeting adjourned at 11:00 p.m.
Recorded by:
Bridgett Bauer
City Clerk
11
13
® To members of the City Council
These remarks are in reference to the proposed zoning ordinance and your meeting of
Februaary 14th.
I live in a neighborhood which is currently zoned R 1. The new ordinance will change this
designation to units per acre. Since Morro Bay is make up of small lots and not acre lots,
this change is very confusing. I would like the zoning to remain R1-single family.
There are also changes to the setbacks and the lot coverage. This will have a very
negative impact on the community. Imagine building your dream house and finding a new
house next to you where you are looking at a solid wall or into the window next door.
There has been a tendency for developers to build houses right to the limit and then ask for
variances.
We will soon have a city full of boxes with dark canyons between houses. WE DO NOT
WANT THIS!
The height limititation is currently 25' and most builders are building to the max.
There should be a different way to figure the height which would encourage more
interesting structures and not impact the neighboring views 100%. San Luis uses a
system that figures height in relation to size. We could do the same.
Then there is the PD overlay. The original intent of PD was to protect our most sensitive
areas. Instead, it has been used to do just the opposite. PD is now an excuse to allow
many variances which degrade the PD zone. PD should be done away with so it can no
is longer be abused.
Although this may not be pertinent for the upcoming meeting, I would like to see the bluff
development standards stay the same. Changing them will only encouage greater
development on our bluffs with no benefit to the city or the community.
Please have very strong languge in the zoning ordinance about variances. We should do
everything to discourage builders from designing structures that need a variance. These
requests cost the city time and money for the planning department. If builders can not fit
their structures on our small lots, there are other communities in this county that have larger
lots and perhaps they should build there.
Lastly, Morro Bay is a small community and we value the bit of open space we have
around our houses and our views. Lets try and keep it that way.
Respectfully, Dorothy Cutter
E
• City of Morro Bay
City Council Agenda
Mission Statement
The City of Morro Bay is dedicated to the preservation and enhancement of the quality
of life. The City shall be committed to this purpose and will provide a level of
municipal service and safety consistent with and responsive to the needs of the public.
SPECIAL MEETING — JANUARY 31, 2005
VETERANS MEMORIAL HALL - 6:00 P.M.
209 SURF ST., MORRO BAY, CA
ESTABLISH QUORUM AND CALL TO ORDER
MOMENT OF SILENCE
PLEDGE OF ALLEGIANCE
® SWEARING IN OF NEW PLANNING COMMISSION
PUBLIC COMMENT PERIOD - Members of the audience wishing to address the
Council on City business matters (other than Public Hearing items under Section B) may
do so at this time.
To increase the effectiveness of the Public Comment Period, the following rules shall be
followed:
• When recognized by the Mayor, please come forward to the podium and state
your name and address for the record. Comments are to be limited to three
minutes.
• All remarks shall be addressed to Council, as a whole, and not to any
individual member thereof.
• The Council respectfully requests that you refrain from making slanderous,
profane or personal remarks against any elected official, commission and/or
staff.
• Please refrain from public displays or outbursts such as unsolicited applause,
comments or cheering.
• Any disruptive activities that substantially interfere with the ability of the City
Council to carry out its meeting will not be permitted and offenders will be
requested to leave the meeting.
• Your participation in City Council meetings is welcome and your courtesy
will be appreciated.
® In compliance with the Americans with Disabilities Act, if you need special assistance to
participate in this meeting, please contact the City Clerk, (805) 772-6205. Notification 72
hours prior to the meeting will enable the City to make reasonable arrangements to ensure
accessibility to this meeting.
JOINT MEETING WITH THE PLANNING COMMISSION
THE CITY COUNCIL AND PLANNING COMMISSION WILL DISCUSS
PROPOSED POLICIES, PROGRAMS, GOALS AND OBJECTIVES,
BUDGETING, FUTURE PLANNING, OR ANY OTHER PLANNING MATTER
REQUIRING JOINT DELIBERATION.
ADJOURNMENT
THIS AGENDA IS SUBJECT TO AMENDMENT UP TO 72 HOURS PRIOR TO
THE DATE AND TIME SET FOR THE MEETING. PLEASE REFER TO THE
AGENDA POSTED AT CITY HALL FOR ANY REVISIONS OR CALL THE
CLERK'S OFFICE AT 772-6200 FOR FURTHER INFORMATION.
COPIES OF STAFF REPORTS OR OTHER PUBLIC DOCUMENTATION
® RELATING TO EACH ITEM OF BUSINESS REFERRED TO ON THIS
AGENDA ARE ON FILE IN THE OFFICE OF THE CITY CLERK AND
AVAILABLE FOR PUBLIC INSPECTION AND REPRODUCTION AT COST AT
CITY HALL, LIBRARY, AND MILLS STATIONERY.
IN COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT, IF
YOU NEED SPECIAL ASSISTANCE TO PARTICIPATE IN A CITY MEETING,
PLEASE CONTACT THE CITY CLERK'S OFFICE AT LEAST 24 HOURS
PRIOR TO THE MEETING TO INSURE THAT REASONABLE
ARRANGEMENTS CAN BE MADE TO PROVIDE ACCESSIBILITY TO THE
MEETING.
11
n
E
11
MINUTES — MORRO BAY CITY COUNCIL
SPECIAL MEETING — JANUARY 31.2005
VETERANS MEMORIAL HALL — 6:00 P.M.
Mayor Peters called the meeting to order at 6:00 p.m.
CITY COUNCIL:
PLANNING COMMISSION
STAFF: Robert Hendrix
Robert Schultz
Bruce Ambo
Bridgett Bauer
Greig Cummings
Gary Kaiser
Mike Prater
Lynn Casassa
Janice Peters
Mayor
Betty Winholtz
Councilmember
William Peirce
Councilmember
Thad Baxley
Councilmember
Melody DeMerritt
Councilmember
Nancy Johnson, Sarah McCandliss,
Bernie Melvin,
Robert Tefft, Bill Woodson
City Manager
City Attorney
Public Services Director
City Clerk
Planning Manager
Senior Planner
Associate Planner
Office Assistant IV
ESTABLISH QUORUM AND CALL TO ORDER
MOMENT OF SILENCE
PLEDGE OF ALLEGIANCE
SWEARING IN OF NEW PLANNING COMMISSION
The new Planning Commissioners were swom in by City Clerk Bridgett Bauer.
PUBLIC COMMENT PERIOD
Rick Deschler announced the Friends of the Library booksale on February 5 from 10-3.
Frank Devine said this was the best time for City Council to direct the Planning Commission.
He said the parking in lieu program was dysfunctional and that the only areas excepted from
strict enforcement should be waterfront, blufftop, and beachfront properties. He suggested
resident -occupied projects be considered on a case -by -case basis.
Roy Cline said granny units shouldn't be allowed in north Morro Bay due to lack of parking.
MINUTES — MORRO BAY CITY COUNCIL
SPECIAL MEETING — JANUARY 31, 2005
JOINT MEETING WITH THE PLANNING COMMISSION
® Chuck Reasor said granny units should not be allowed in north Morro Bay due to lack of
parking and small lot size. He hopes the Council directs the Planning Commission to require
lot size be over 5,000 sq ft minimum to allow granny units.
Dan Gannon discussed CC&R's in the Beach Tract. He said Beachcomber and Sandalwood
Streets cannot support higher density than that of existing homes. He requested a moratorium
be put in place and the permit for the house in question in the Beach Tract be re -addressed in
order to maintain harmony and dignity in this single family neighborhood.
Robert Lyon also discussed the CC&R's for the Beach Tract. He said the City Council and
Planning Commission are acquiescing to the State in allowing second units, but the control
should be with the Planning Commission. He mentioned an incidence where a Realtor
suggested a variance could be easily obtained.
Hilary Saner spoke on behalf of Estero Bay United Methodist Church and the permits it seeks
to subdivide a four acre parcel. She is glad for the direction City Council is providing to the
Planning Commission as it may help break the logjam in which the permit is stuck.
Susan Heinemann said the Planning Commission rules need to be changed. City Council
should clear up the Planning Commission rules so the Council can focus on the budget:
Wanda Dorrough asked that a freeze on all discretionary spending be put in place including
® all City Council accounts.
Ken Vesterfelt said clarification of zoning and regulations will eliminate confusion
Rob Schultz said there are no means for the City to enforce CC&R's as they are private
agreements to which the City is not a party, including those existing prior to the City's
incorporation. He said a permit cannot be revoked once issued.
JOINT MEETING WITH THE PLANNING COMMISSION
Mayor Peters suggested a mind -map approach to illustrate Planning Commission priorities.
During discussion, the following prioritized outline was created and recorded as drawings by
Mike Prater and Gary Kaiser. Copies of the six drawing are attached hereto and incorporated
herein. The following outlines the discussion results.
I. SECOND UNITS
1. DEVELOPMENT STANDARDS
a. Location
b. Parking
c. Separation/Per Cent Main Residence
d. Lot Size/Building Size
e. Density/Infill
f. Location/Zoning
MINUTES — MORRO BAY CITY COUNCIL
SPECIAL. MEETING — JANUARY 31, 2005
JOINT MEETING WITH THE PLANNING COMMISSION
® CUMULATIVE EFFECTS
a. Character
b. Location
C. Infrastructure
3.
PARKING
a. Location
b. Covered
C. On -Street
d. Tandem
4.
AFFORDABLE HOUSING
5A.
USE LIMITATIONS
a. Deed Restrictions
b. Enforcement
C. Rental vs. Family
d. Detached vs. Attached
5B.
STATE LEGISLATION
a. Education
6.
CONVERSIONS
a. Illegal
b. Legal
II. PARKING
®
1.
N LIEU FEES
a. Legal
b. Need
C. Cost
d. Per Center Commercial -Residential
2.
STANDARDS
a. Shared (mixed)
b. Tandem
c Size
3.
PARKING MANAGEMENT PLAN
a. Demand Reduction
b. Need
C. Location
i. Pedestrian Access
4.
STREET PROFILE
a. Driveways
b. Bike conflicts
5A.
PARKING STRUCTURE
a. Location
b. Cost
5B.
PARKING METERS
a. Revenues
®
b. Cost
3
MINUTES — MORRO BAY CITY COUNCIL
SPECIAL MEETING — JANUARY 31, 2005
JOINT MEETING WITH THE PLATNTNTING COMMISSION
® i. Enforcement
C. Location
III. DONNTONN
1-A.
MIXED -USE
a. Density
b. Incentives
c. Parking
d. Per Cent Commercial - Residential
C. Uses
i. Outdoor Dining and Sales
1-B.
RuDAT
a. Embarcadero
i. Signs
ii. Funicular
b. Old Towne Character
i. Open Space
a. Beautification
C. Street Scape
i. Furniture
ii. Trees
®
iv. Signs
iv. Underground Utilities
V. Design Guidelines
a. Setbacks
b. Height
2.
ECONOMIC VITALITY
a. Incentives
3.
CIRCULATION
a. Stop Signs
b. Alternative Modes
4.
PEDESTRIAN AMENITIES
a. ADA
b. Public Restrooms
5.
UNREINFORCED MASO\TRY BUILDh\TGS (URM)
IV. DENSITY
1.
DEFINITION
a. Public Benefit
b. Desirability
2.
LOCATION
a. Zoning
i. Lot Size
ii. Transition
®
b. Commercial -Residential
0
MINUTES — MORRO BAY CITY COUNCIL
SPECIAL MEETING — JANUARY 31, 2005
JOINT MEETING WITH THE PLANNING COMMISSION
® 3. AFFORDABLE
a. Density Bonus
b. Community Housing
4. INFRASTRUCTURE
a. Traffic/Circulation
b. Cumulative
C. Parking
5. MIXED -USE
6. AiNTNEXATION
City Council approved the above prioritization by consensus.
"Protect Morro Bay" was the fifth topic for discussion. City Council wanted the Planning
Commission to be aware of what concepts the Council considers in protecting the future of
Morro Bay.
The list below was recorded by Gary Kaiser during Council's discussion and does not indicate
prioritization.
Plannine
GP/LCP
Long -Range
Vision 2020
® Variances
Exceptions for Public Benefits
Character
Design
Simplistic Application of Zoning Regulations
Neighborhoods
Housing Variety
Following discussion, City Council agreed by consensus the accept the above list.
Mayor Peters asked City Attorney Rob Schultz to describe how a moratorium works. Mr.
Schultz summarized the timelines and procedures involved in a moratorium, and City Council
agreed by consensus to proceed with a moratorium on granny units for which permits did not
already exist.
Public Services Director Bruce Ambo suggested a limited number of caucuses (open for
public listening but not participating) be held at the Public Services office on Wednesdays to
introduce new Planning Commissioners to the routines and procedures the Commission
follows. Ambo also suggested and the Commission agreed to further caucuses which would
be held prior to each Planning Commission meeting to allow Commissioners to ask technical
questions.
ADJOURNMENT
MINUTES — MORRO BAY CITY COUNCIL
SPECIAL MEETING — JANUARY 31, 2005
JOINT MEETING WITH THE PLANNING COMMISSION
® Mayor Peters adjourned the meeting at 9:30 a.m.
Recorded by:
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® NOTICE OF SPECIAL
CLOSED SESSION MEETING
11
11
NOTICE IS HEREBY GIVEN that the Mono Bay City Council will
be holding a Special Closed Session Meeting on Tuesday, January 25,
2005 at 8:00 a.m. to be held in the City Hall Conference Room, 595 Harbor
Street, Mono Bay, California. The City Council will be discussing:
GOVERNMENT CODE SECTION 54956.8: REAL 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 one (1) parcel.
Property: Outfall Lease
Negotiating Parties: Duke Energy and the City.
Negotiations: Lease Terms and Conditions.
DATED: January 12, 2005
.�1
® MINUTES - MORRO BAY CITY COUNCIL
CLOSED SESSION — JANUARY 25, 2005
CITY HALL CONFERENCE ROOM - 8:00 A.M.
Mayor Peters called the meeting to order at 8:00 a.m.
PRESENT: Janice Peters
Mayor
Thad Baxley
Councilmember
Melody DeMeritt
Councilmember
William Peirce
Councilmember
Betty Winholtz
Councilmember
STAFF: Robert Hendrix
City Manager
Robert Schultz
City Attorney
CLOSED SESSION
MOTION: Councilmember Peirce moved the meeting be adjourned to Closed
Session. The motion was seconded by Councilmember Winholtz and
unanimously carried. (5-0)
Mayor Peters read the Closed Session Statement.
® CS-1 GOVERNMENT CODE SECTION 54956.8; REAL 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 one (1) parcel:
• Property: Water Outfall Line Easement.
Neeotiating Parties: Duke Energy and the City of Morro Bay.
Negotiations: Renegotiation and extension of terms and conditions of
lease agreement.
The meeting adjourned to Closed Session at 8:00 a.m. and returned to regular session at
10:05 am.
MOTION: Councilmember Baxley moved the meeting be adjourned. The motion was
seconded by Councilmember DeMeritt and carried unanimously. (5-0)
The meeting adjourned at 10:05 a.m.
C
® City of Morro Bay
City Council Agenda
Mission Statement
The City of Morro Bay is dedicated to the preservation and enhancement of the quality
of life. The City shall be committed to this purpose and will provide a level of
municipal service and safety consistent with and responsive to the needs of the public.
REGULAR MEETING — JANUARY 24, 2005
CLOSED SESSION — JANUARY 24, 2005
CITY HALL CONFERENCE ROOM - 5:00 P.M.
595 HARBOR ST., MORRO BAY, CA
CS-1 CONFERENCE WITH LABOR NEGOTIATOR --GOVERNMENT CODE
isSECTION 54957.6: Conference with City Manager, the City's Designated
Representative, for the purpose of reviewing the City's position regarding the
terms and compensation paid to employees and giving instructions to the
Designated Representative.
CS-2 CONFERENCE WITH LEGAL COUNSEL REGARDING PENDING
LITIGATION — GOVERNMENT CODE SECTION 54956.9(a):
Lauffer v. City of Morro Bay
IT IS NOTED THAT THE CONTENTS OF CLOSED SESSION MEETINGS
ARE CONFIDENTIAL AND EXEMPT FROM DISCLOSURE.
® PUBLIC SESSION — JANUARY 24, 2005
VETERANS MEMORIAL HALL - 6:00 P.M.
209 SURF ST., MORRO BAY, CA
ESTABLISH QUORUM AND CALL TO ORDER
MOMENT OF SILENCE
PLEDGE OF ALLEGIANCE
MAYOR AND COUNCILMEMBERS ANNOUNCEMENTS & PRESENTATIONS
CLOSED SESSION REPORT
PUBLIC COMMENT PERIOD - Members of the audience wishing to address the
Council on City business matters (other than Public Hearing items under Section B) may
do so at this time.
To increase the effectiveness of the Public Comment Period, the following rules shall be
followed:
• When recognized by the Mayor, please come forward to the podium and state
your name and address for the record. Comments are to be limited to three
minutes.
• All remarks shall be addressed to Council, as a whole, and not to any
® individual member thereof.
• The Council respectfully requests that you refrain from making slanderous,
profane or personal remarks against any elected official, commission and/or
staff.
• Please refrain from public displays or outbursts such as unsolicited applause,
comments or cheering.
• Any disruptive activities that substantially interfere with the ability of the City
Council to -carry out its meeting will not be permitted and offenders will be
requested to leave the meeting.
• Your participation in City Council meetings is welcome and your courtesy
will be appreciated.
In compliance with the Americans with Disabilities Act, if you need special assistance to
participate in this meeting, please contact the City Clerk, (805) 772-6205. Notification 72
hours prior to the meeting will enable the City to make reasonable arrangements to ensure
accessibility to this meeting.
COUNCIL DECLARATION OF FUTURE AGENDA ITEMS
A. CONSENT CALENDAR
Unless an item is pulled for separate action by the City Council, the following actions are
® approved without discussion.
® A -I NVESTMENT REPORT FOR DECEMBER 2004; (FINANCE)
RECOMMENDATION: Approve as submitted.
A-2 LETTER IN OPPOSITION TO FEDERAL GOVERNMENT PROPOSED
POLICY CHANGES ON DESIGNATION OF CRITICAL SALMON
HABITAT; (HARBOR)
RECOMMENDATION: Authorize staff to _correspond with National Marine
Fisheries Service with suggested comments.
A-3 AUTHORIZE INSTALLATION OF STOP SIGNS ON ESTERO AND FRESNO
AVENUES AT THEIR ANCHOR STREET INTERSECTIONS; (PUBLIC
SERVICES)
RECOMMENDATION: Adopt resolution No. 05-05 and direct Police
Department to notify the City Engineer on all accidents involving restricted
intersection sight -distance.
A-4 FINDINGS FOR DENIAL OF COMMUNITY HOUSING PROJECT
LOCATED AT 585 MORRO AVENUE; (PUBLIC SERVICES)
RECOMMENDATION: Adopt the Findings for Denial of Project.
® A-5 RESOLUTION NO. 04-05 APPROVING MORRO BAY GARBAGE SERVICE
BASE YEAR RATE ADJUSTMENT APPLICATION REQUESTING AN
INCREASE TO SOLID WASTE COLLECTION RATES;
(ADMINISTRATION)
RECOMMENDATION: Adopt Resolution No. 04-05.
B. PUBLIC HEARINGS, REPORTS & APPEARANCES
B-I RESOLUTION NO. 03-05 APPROVING THE CDBG PROGRAM INCOME
REUSE PLAN; (PUBLIC SERVICES)
RECOMMENDATION: Adopt Resolution No. 03-05.
B-2 PUBLIC HEARING ON CITY BUDGET CUTTING PRIORITIES; (FINANCE)
RECOMMENDATION: Receive the background information and open Public
Hearing to receive citizen input on priorities.
® B-3 PUBLIC HEARING ON PROPOSED UPDATE TO THE ZONING
ORDINANCE, ZONING MAP AND ACCOMPANYING NEGATIVE
DECLARATION; (PUBLIC SERVICES)
RECOMMENDATION: Receive presentation, open Public Hearing, note
suggested changes and continue Public Hearing to the February 14 and
February 28, 2005 Council meetings.
C. UNFINISHED BUSINESS
C-1 -ADDITIONAL INFORMATION REGARDING LIBRARY MATCHING
DONATION OFFER; (FINANCE)
RECOMMENDATION: Consider declining to match the donation offer due to
the severe lack of funding forecast for the upcoming year.
D. NEW BUSINESS
D-1 REQUEST FOR DISCUSSION ON ELIMINATION OF WOOD BURNING
FIREPLACES; (CITY COUNCIL)
® RECOMMENDATION: Discuss and direct staff accordingly.
D-2 DISCUSSION ON TROLLEY USE FOR ANNUAL MORRO BAY PARADE;
(CITY COUNCIL)
RECOMMENDATION: Discuss and direct staff accordingly.
D-3 DISCUSSION ON PRIVATE VIEW PROTECTION ORDINANCE; (CITY
COUNCIL)
RECOMMENDATION: Discuss and direct staff accordingly.
D-4 SCHEDULING OF BROWN ACT AND POLICIES AND PROCEDURES
WORKSHOP AND COUNCIL RETREAT; (ADMINISTRATION)
RECOMMENTDATION: Discuss and direct staff accordingly.
E. ADJOURNMENT
C
® THIS AGENDA IS SUBJECT TO AMENDMENT UP TO 72 HOURS PRIOR TO
THE DATE AND TIME SET FOR THE MEETING. PLEASE REFER TO THE
AGENDA POSTED AT CITY HALL FOR ANY REVISIONS OR CALL THE
CLERK'S OFFICE AT 772-6200 FOR FURTHER INFORMATION.
COPIES OF STAFF REPORTS OR OTHER PUBLIC DOCUMENTATION
RELATING TO EACH ITEM OF BUSINESS REFERRED TO ON THIS
AGENDA ARE ON FILE .IN THE OFFICE OF THE CITY CLERK AND
AVAILABLE FOR PUBLIC INSPECTION AND REPRODUCTION AT COST AT
CITY HALL, LIBRARY, AND MILLS STATIONERY.
IN COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT, IF
YOU NEED SPECIAL ASSISTANCE TO PARTICIPATE IN A CITY MEETING,
PLEASE CONTACT THE CITY CLERK'S OFFICE AT LEAST 24 HOURS
PRIOR TO THE MEETING TO INSURE THAT REASONABLE
ARRANGEMENTS CAN BE MADE TO PROVIDE ACCESSIBILITY TO THE
MEETING.
® MINUTES - MORRO BAY CITY COUNCIL
CLOSED SESSION — JANUARY 24, 2005
CITY HALL CONFERENCE ROOM - 5:00 P.M.
E
Ll
Mayor Peters called the meeting to order at 5:02 p.m
PRESENT: Janice Peters
Mayor
Thad Baxley
Councilmember
Melody DeMeritt
Councilmember
Bill Peirce
Councilmember
Betty Winholtz
Councilmember
STAFF: Robert Hendrix
City Manager
Robert Schultz
City Attorney
Andrea Lueker
Recreation & Parks Director
Ardith Davis
Personnel Officer/Risk Manager
CLOSED SESSION
MOTION: Councilmember Peirce moved the meeting be adjourned to Closed
Session. The motion was seconded by Councilmember Winholtz and
unanimously carried. (5-0)
Mayor Peters read the Closed Session Statement.
CS-1 GOVERNi\IENT CODE SECTION 54957.6. CONFERENCE WITH
LABOR NEGOTIATOR: Conference with City Manager; the City's Designated
Representative, for the purpose of reviewing the City's position regarding the
terms and compensation paid to employees and giving instructions to the
Designated Representative.
CS-2 GOVERiN`NIENT CODE SECTION 54956.9(a); CONFERENCE WITH
LEGAL COUNSEL REGARDING PENDING LITIGATION:
• Lauffer v. City of Morro Bay
MOTION: Councilmember Peirce moved the meeting be adjourned. The motion was
seconded by Councilmember Baxley and unanimously carried. (5-0)
The meeting adjourned at 5:55 p.m.
MINUTES — MORRO BAY CITY COUNCIL
REGULAR MEETING — JANUARY 24, 2005
VETERANS MEMORIAL HALL - 6:00 P.M.
Mayor Peters called the meeting to order at 6:00 p.m
PRESENT: Janice Peters
Mayor
Thad Baxley
Councilmember
Melody DeMeritt
Councilmember
Bill Peirce
Councilmember
Betty Winholtz
Councilmember
STAFF: Robert Hendrix
Robert Schultz
Jamie Boucher
Rick Algert
Bruce Ambo
Mike Pond
Jim Koser
John DeRohan
Andrea Lueker
Greig Cummings
Michael Prater
Frank Cunningham
Joan Drake
Janeen Burlingame
ESTABLISH QUORUM AND CALL TO ORDER
MOMENT OF SILENCE
PLEDGE OF ALLEGIANCE
MAYOR'S REPORTS & ANNOUNCEMENTS
City Manager
City Attorney
Deputy City Clerk
Harbor Director
Public Services Director
Fire Chief
Finance Director
Police Chief
Recreation & Parks Director
Planning Manager
Associate Planner
City Engineer
Administrative Technician
Management Analyst
CLOSED SESSION REPORT - City Attorney Robert Schultz reported the City Council
met in Closed Session and no reportable action under the Brown Act was taken.
PUBLIC COMMENT
Herschel Parker requested that Council give no money to the Chamber of Commerce
stating they need to draw their support from the local businesses only.
Jude Long, Morro Bay Librarian, addressed Item C-1 (Additional Information Regarding
Library Matching Donation Offer) and asked for Council's support in matching Mr.
Lane's S 10,000 donation.
E
® MINUTES — MORRO BAY CITY COUNCIL
REGULAR MEETING — JANUARY 24, 2005
Moe McGhee, Assistant Director of the County Library System; urged Council to set an
example for the rest of the cities in the County and match Mr. Lanes' donation of
S 10,000.
Candace Vittitow promoted a new organization, "Save the Park" whose main purpose is
Habitat Protection and Historic Restoration of the Morro Bay State Park. She said there
would be a benefit dinner and silent auction on January 30, 2005 at the Morro Bay
Grange Hall in support of this effort.
Penny Harrington expressed support for Item A-3 (Authorize Installation of Stop Signs
on Estero And Fresno Avenues at the Anchor Street Intersections) stating there have been
at least three accidents involving overturned cars at her intersection, and requested
Council's approval of the installation of the stop signs at these intersections.
Norma Whiteman stated she assisted with the Morro Bay Winter Bird Festival and
wanted to publicly thank the Morro Bay Recreation & Parks Department staff for their
first class service and first-rate facilities during the festival.
® Rosalie Valvo addressed Item A-3 stating she liked the fact that there will be a stop or
yield sign every two blocks in the affected areas which should slow cars down. She
stated she would also like to encourage the City to look at stop signs in the Ridgeway
area. Ms. Valvo thanked the City for their help with the Bird Festival. She also
requested support for our local Morro Bay Library.
Keith Taylor stated the City's first priority should be getting the two fire stations up and
running because it is good insurance for the citizens of Morro Bay. He said the residents
of Morro Bay deserve the best response time possible and the citizens should be willing
to pay for that service.
Jeremiah O'Brien. President of the Morro Bay Commercial Fisherman's Association,
requested Council's support in approving Item A-2 (Letter in Opposition to Federal
Government Proposed Policy .Changes on Designation of Critical Salmon Habitat), and
encouraged the Council to forward the letter to the National Marine Fisheries Service.
Barbara Stickel and Tom Roth, members of the Morro Bay Commercial Fisherman's
Association, thanked the Council for their consideration of Item A-2. They encouraged
Council to move forward and send the letter regarding critical salmon habitat to the
National Marine Fisheries Service emphasizing the fact that it does affect Morro Bay and
its fishermen.
3
® MINUTES — MORRO BAY CITY COUNCIL
REGULAR MEETING — JANUARY 24, 2005
Chuck Meissner stated he feels that we got to be a city because of the power plant and we
can become an even better city if we get together with Duke and build an even better
power plant. He said with the new plant, it's his hope that Diablo Canyon can be shut
down and the number of diesel trucks on the roads can be reduced.
Curt Beebe stated he lives on the comer of Anchor and Fresno Streets, and wanted to
thank City staff for studying the stop sign issue, especially at this intersection.
Betty Forsythe spoke in favor of the library and encouraged Council to get to know their
library. She also said that the monies for the carpet and painting have already been taken
care of by the Friends of the Library. Ms. Forsythe stated she feels that safety should be
our number one concern and doesn't feel our firefighters have proper response time.
Dave Nelson stated the City will do fine without the power plant. He said he supports the
ban on wood burning fireplaces on new houses. Mr. Nelson also stated he supports the
City matching the library funds noting he has gone through the City's current budget and
feels that the money is there.
® Mandy Davis addressed the issue of hunting in the back bay stating she understands
Council's reason to defer on this issue; she has continued to do her research and wanted
to let Council know that this item will be brought back and offered her services should
anyone have any questions regarding her position.
11
Randy Facay thanked Council and staff for the stop signs being placed at Anchor and
Estero Streets. He emphasized that residential speeding is the cause of the problem, and
he hopes this will alleviate the problem.
Ed Sylvester stated Duke Energy is vital to the City of Morro Bay. He made an analogy
that if the City can do without Duke, it can also do without all of the trees that have
recently cost the City a lot of money in lawsuits.
Joey Racano expressed his views on the Morro Bay Estuary as a gold mine and the City
needs to put an end to industrial exploitation. He said the City should drop the lawsuit
against the environment and give up the 301 h sewage waiver.
Kurt Miller requested the City consider repairing the Rock parking lot, noting the many
potholes after a heavy rain.
0
® MINUTES — MORRO BAY CITY COUNCIL
REGULAR MEETING — JANUARY 24, 2005
Garry Johnson stated he disagrees that the Duke power plant is damaging the estuary. He
said he would like the City to look at stop signs at Beach and Main Street as it too is very
dangerous. Mr. Johnson noted that Bill Thompson is putting forth legislature to take
away social security funds from women because they live too long; he encourages
everyone to contact their congressmen and write letters to make sure this doesn't happen.
John Barta addressed Item D-3 (Discussion on Private View Protection Ordinance) and
noted the boundaries of a home are up and down, not horizontal. He said if homeowners
want "horizontal space' then they can attempt to get an easement from the neighboring
homeowner for their airspace. Mr. Barta discouraged the City from going down this
"slippery slope" as it would lead to nothing but endless complaints and lawsuits from
disgruntled neighbors.
Tom Myer requested the City focus their priorities on the children of Morro Bay. He said
he would like to see a community swimming pool; he would like to see the City clean
itself up by putting things like planter boxes downtown: and, he also feels this town needs
an Architectural Review Committee.
® Hank Roth stated the Neighborhood Watch Program is sponsoring presentations on
public safety on the 41h Wednesday of every month thru October with the first meeting
being held on Thursday. January 271h. He said the City's Code Enforcement Officer, Al
Sengstock, would be giving the presentation.
Mayor Peters closed the hearing for public comment.
DECLARATION OF FUTURE AGENDA ITEMS
Mayor Peters requested to agendize the discussion on the garbage bill debt collection
issue.
Mayor Peters requested to agendize discussion on the potential of selling the Cloisters
property and what legal issue we may encounter if we tried to do so.
Mayor Peters brought up the necessity to replace Councilmember Elliott on the Ad Hoc
Committee on the Waste Water Treatment Plant modifications. Councilmember Peirce
volunteered to be a member of that committee.
5
® MINUTES — MORRO BAY CITY COUNCIL
REGULAR MEETING — JANUARY 24, 2005
A. CONSENT CALENDAR
Unless an item is pulled for separate action by the City Council, the following actions are
approved without discussion.
A-1 INVESTMENT REPORT FOR DECEMBER 2004; (FINANCE)
RECON MENDATION: Approve as submitted
A-2 LETTER IN OPPOSITION TO FEDERAL GOVERNMENT PROPOSED
POLICY CHANGES ON DESIGNATION OF CRITICAL SALMON HABITAT:
(HARBOR)
RECOi\UMENDATION: Authorize staff to correspond with National Dlarine
Fisheries Service with suggested comments.
A-3 AUTHORIZE INSTALLATION OF STOP SIGNS ON ESTERO AND FRESNO
® AVENUES AT THEIR ANCHOR STREET INTERSECTIONS; (PUBLIC
SERVICES)
RECONF%1ENDATION: Adopt resolution No. 05-05 and direct Police
Department to notify the Cio, Engineer on all accidents involving restricted
intersection sight -distance.
A-4 FINDINGS FOR DENIAL OF COMMUNITY HOUSING PROJECT LOCATED
AT 585 MORRO AVENUE; (PUBLIC SERVICES)
RECOi\-EMENDATION: Adopt the Findings for Denial of Project.
A-5 RESOLUTION NO. 04-05 APPROVING MORRO BAY GARBAGE SERVICE
BASE YEAR RATE ADJUSTMENT APPLICATION REQUESTING AN
INCREASE TO SOLID WASTE COLLECTION RATES:
(ADMINISTRATION)
RECON MENDATION: Adopt Resolution No. 04-05.
Councilmember Winholtz pulled Items A-2, A-3 and A-5 from the Consent Calendar.
MOTION: Councilmember Peirce moved the City Council approve Items A-1 and A-
® 4 of the Consent Calendar. The motion was seconded by Councilmember
Winholtz and carried unanimously. (5-0)
0
® MINUTES — MORRO BAY CITY COUNCIL
REGULAR MEETING — JANUARY 24, 2005
A-2 LETTER IN OPPOSITION TO FEDERAL GOVERNMENT PROPOSED
POLICY CHANGES ON DESIGNATION OF CRITICAL SALMON
HABITAT; (HARBOR)
Council was presented with an updated version of this letter and Councilmember
Winholtz felt the changes in it strengthened the City's position. Mayor Peters and
Councilmember DeMeritt concurred.
MOTION: Councilmember Betty Winholtz moved the City Council approve Item A-2
of the Consent Calendar, and forward the letter to the National Marine
Fisheries Service with the accepted revisions. The motion was seconded
by Councilmember Baxley and carried unanimously. (5-0)
A-3 AUTHORIZE INSTALLATION OF STOP SIGNS ON ESTERO AND FRESNO
AVENUES AT THEIR ANCHOR STREET INTERSECTIONS; (PUBLIC
SERVICES)
Councilmember Winholtz asked why the Police Department's notification of traffic
accidents in noted areas .was not included as a part of the resolution. Councilmember
® Peirce felt the addition of that into the resolution wasn't a necessity as it is already part of
the public record thru the staff report. Mayor Peters used this time to recommend all
drivers to slow down in the City's residential areas.
MOTION: Councilmember Winholtz moved the City Council approve Item A-3 of the
Consent Calendar. The motion was seconded by Councilmember Peirce and
carried unanimously. (5-0)
A-5 RESOLUTION NO. 04-05 APPROVING MORRO BAY GARBAGE SERVICE
BASE YEAR RATE ADJUSTMENT APPLICATION REQUESTING AN
INCREASE TO SOLID WASTE COLLECTION RATES:
(ADMINISTRATION)
Councilmember Winholtz stated she has a philosophical concern over this rate increase.
She said she feels that it doesn't reward the low user enough and in fact the rate increase
tends to equalize the low user with the regular user. City Manager Robert Hendrix noted
this rate increase was a cost of living adjustment that Council obligated itself to when they
entered into the original seven-year agreement. Tom Martin from the Garbage Company
advised Council that the increases reflect the amounts allowed by contract; in prior years,
the increases have been less than the allowed amount and this reflects an attempt to catch
up. There was also a correction that needed to be made in Exhibit A to reflect the correct
® gallon waste container from 19 to 20 gallons.
7
® MINUTES — MORRO BAY CITY COUNCIL
REGULAR MEETING — JANUARY 24, 2005
MOTION: Councilmember Baxley moved the City Council approve Item A-5 of the
Consent Calendar. The motion was seconded by Councilmember Peirce and
carved unanimously. (5-0)
B. PUBLIC HEARINGS. REPORTS & APPEARANCES
B-1 RESOLUTION NO. 03-05 APPROVING THE CDBG PROGRAM INCOME
REUSE PLAN; (PUBLIC SERVICES)
Public Services Director Bruce Ambo stated in order for the City of Morro Bay to take
advantage of the State CDBG loan program, we need to maintain and update our CDBG
Program Income Reuse Plan. He said the City has 5330,000 in available loans for
affordable housing rehabilitation projects to those qualified residents of Morro Bay to a
maximum of $45,000/loan. Flyers and notices have been made available and to date we
have many more applicants than monies available. Administrative Technician, Joan
Drake added that by approving this plan, as the loans are paid off the City will generate
program income which will give us more money to expand the program and be able to
® make additional loans to people down the list.
Mayor Peters opened the hearing for public comment: there being no comments, Mayor
Peters closed the hearing to the public.
MOTION: Councilmember Barley moved the City Council adopt Resolution 03-05
approving the CDBG Program Income Reuse Plan. The motion was
seconded by Councilmember Peirce and carried unanimously. (5-0)
B-2 PUBLIC HEARING ON CITY BUDGET CUTTING PRIORITIES; (FINANCE)
Mayor Peters stated this is an informational gathering item only, and that no decisions
would be made at this time. She announced there would be a Budget Priority Setting
Workshop on Tuesday, March 22, 2005, and the public is encouraged to attend this
workshop.
Finance Director Jim Koser reported that this process is intended to provide the Council
with a mechanism to develop priorities for the next two-year budget cycle.
Mayor Peters opened the hearing for public comment.
8
MINUTES — MORRO BAY CITY COUNCIL
REGULAR MEETING — JANUARY 24, 2005
Dan Glesmann stated he studied the budget and then met with Mr. Koser. His research
shows that the General Fund pays out $150,000/month more than it takes in and he
encouraged the City to reduce their spending now rather than waiting until the new
budget cycle.
Lynda Merrill made the following recommendations: 1) save money by dropping the
lawsuit regarding the snowy plovers; 2) cut employees; 3) reduce department head pay;
4) stop the boardwalk project; 5) don't contract services out; 6) no more travel to
conferences/workshops/seminars; 7) reduce monies to Community Promotions and the
Visitor Center; 8) repair and rebuild the Fire Department; 9) raise money by selling
properties starting with Brannigan's; and 10) adjust fees in the Planning Department.
Joan Carter stated the City should sell property, especially the Brannigan property. She
also said the City has too many law enforcement officers stating a $3,000,000 budget in
the Police Department is too large for a small city like Morro Bay.
Ed Sylvester stated he feels that going forward with the boardwalk project is ridiculous.
He understands that grants will pay a big portion of the project but says that the City has
® to come up with the first million, which is unnecessary at this time.
Joan Solu stated she wants to avoid any tax increases in an effort to raise money. She
suggested: 1) asking the City's employees for cost savings measures and give them
incentives to do so; 2) cut the budget before cutting services to the citizens; 3) sell surplus
properties; and, 4) look into purchasing the property at Radcliffe and Main Streets which
she thinks would be a perfect location for a centrally located Fire Department which
would cut the need for a second station.
CJ
Jerry Crawford stated he would like the City to sell surplus property. He also said he
wants a strong Police and Fire Department with a second fire station. • Mr. Crawford
stated he does not want the City to raise taxes.
Ken Vesterfelt stated he hopes we do not choose to cut into our public safety
departments. He said he also hopes the City does not cut into the community promotions
budget because he feels that those dollars bring in the tourists that we depend upon.
David Nelson stated although he is very supportive and appreciative of our Police
Department, he also feels that a $3,000,000 is excessive. He said he also feels employees
should look at pay cuts across the board.
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MINUTES — MORRO BAY CITY COUNCIL
REGULAR MEETING — JANUARY 24, 2005
Bob Tefft stated the City should put together a Citizen's Ad -Hoc Committee to help with
and work with the Finance Department to look at the budget for places to make cuts in
addition to finding potential revenue sources:
Roy Kline stated the City should look at its employees and snake sure the City is getting
the most "bang for their buck'.
Nancy Johnson stated she appreciates the employees, and feels that the City's
involvement with the League of California Cities conferences are important because it is
where small cities get known and become candidates for potential grants. She said she
also feels that the City should combine its Police and Fire Departments into one Public
Safety Department and that those employees can be cross -trained.
Ed Biaggini stated he agrees with Mayor Peters that the closure of Morro State Park has
had a huge impact on lost local revenues. He said he also feels that if tourism is as
important to the City as we say it is, then we can't think of decreasing monies to
promotions, and in fact, should be promoting the City now more than ever. Mr. Biaggini
stated tourism should be on the top of the City's priority list.
® Garry Johnson stated he would like to see the City get Duke Energy up and running.
Mayor Peters closed the hearing to the public.
No further discussion or action was taken on this item.
B-3 PUBLIC HEARING ON PROPOSED UPDATE TO THE ZONING ORDINANCE.
ZONING MAP AND ACCOMPANYING NEGATIVE DECLARATION:
(PUBLIC SERVICES)
Public Services Director Bruce Ambo introduced the consultant on the project, Michael
Dyett. Mr. Dyett provided Council with a power point presentation reflecting the key
changes to the City's zoning ordinance as well as the philosophical reasons for making those
changes. Mr. Dyett emphasized that they attempted to provide the City with a much more
user-friendly document.
Mayor Peters opened the hearing for public comment.
David Nelson stated it would be helpful if the City could formulate a 50-year plan and be
consistent with its implementation. He expressed concern with what these new regulations
could do with overlays. Mr. Nelson stated he feels that new projects that have been
proposed and/or buildings started are "pushing the envelope" of what his vision of Morro
Bay should look like.
lul
® MINUTES — MORRO BAY CITY COUNCIL
REGULAR MEETING — JANUARY 24, 2005
Lynda Merrill stated she is aft -aid -e€ the paragraph entitled "Incentives Offered for Creative
Design" should be removed from the Zoning Undate. She fears that the Planning
Commission could have too much power to grant concessions to developers/builders.
Bob Teri stated he feels there hasn't been adequate public comment on this document. He
said the number one goal of the General Plan is "a sense of community supported by
continuing small town character". Dr. Tefft stated he fears that in the new ordinance, there
are no design guidelines for the Old Town District of Morro Bay, which is inconsistent with
the General Plan. He also feels the design guidelines for mixed uses aren't clear enough.
Chuck Reasor stated his recommendation is to send the document back to the new Planning
Commission to get more public input and to go over it ` with a fine tooth comb". He said he
is especially concerned with how granny units would be handled in the new document.
Mayor Peters closed the public comment hearing.
Councilmember DeMeritt stated she would like to send the document back to the Planning
Commission for their analysis and have one final document come back for Council's
® review.
Mayor Peters stated she is concerned there would be too much time lost if the document
were sent back to the Planning Commission. She encouraged citizens, including the new
Planning Commission, to review the proposed ordinance and participate in the public
hearing process and/or submit questions for Council review.
11
The City Council discussed the proposed document going over it section by section,
beginning with Chapter 17.01 and finishing with Chapter 17.07. The balance of the
review of the document was continued to the February 14, 2005 City Council meeting.
C. UNFINISHED BUSINESS
C-1 ADDITIONAL INFORMATION REGARDING LIBRARY MATCHING
DONATION OFFER; (FINANCE)
Finance Director Jim Koser stated that Mr. Lane was not interested in the City's attempts
to offer an in -kind service donation in lieu of the $10,000 donation that he requested. Mr.
Lane reiterated his desire to see the City commit budget funds to the library on an annual
basis. Due to the difficult financial situation that the City finds itself currently in, Mr.
Koser recommends that the City Council decline the matching donation offer at this time.
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® MINUTES — MORRO BAY CITY COUNCIL
REGULAR MEETING — JANUARY 24, 2005
Councilmember Winholtz asked Jude Long of the Morro Bay Library, what she could do
with this potential $23,000 donation. She answered that actually, since Mr. Lane's
generous offer, others have come forward as well and the donation potential has reached
527,000. Unfortunately that money isn't enough to open an additional day; however, it
would go a long way to upgrading the physical building, purchase additional materials,
help with the operating budget, interior of the building (furnishings, tables, stacks), etc...
Councilmember Baxley stated he would vote to decline the offer due to our current
budget situation.
Councilmember DeMeritt stated in times like these we need to save every dime that we
can. She too, with regret, would vote to decline the offer at this time. Councilmember
DetMeritt said that due to Mr. Lane's donation, people around the county are donating
monies to county libraries and she wants to encourage this.
Councilmember Peirce stated he applauds the Friends of the Library for putting up the
money that they have. He too, with regret, has to agree that this is not the time to be
donating money.
® Mayor Peters agreed with Council, and said she too has to vote to decline the offer. In
addition, she said she doesn't like the precedent it might set with citizens donating money
with the condition the City will match their donation. She said she does appreciate Mr.
Lane's gesture and what it has accomplished locally and countywide with people
becoming more aware of the needs of our local libraries.
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MOTION: Councilmember Baxley moved the City Council, with regret, decline the
matching donation that Mr. Lane offered and suggest Mayor Peters send
Mr. Lane a letter thanking him for his generosity and explain the City's
position on this issue. The motion was seconded by Councilmember
Peirce and carried with Councilmember Winholtz voting no. (4-1)
D. NEW BUSINESS
D-1 REQUEST FOR DISCUSSION ON ELIMINATION OF WOOD BURNING
FIREPLACES: (CITY COUNCIL)
Mayor Peters brought this item forward due to a request by Robert Croyle, a resident of
Morro Bay. She said she would like to see if Council thought this was an item that could
be pursued by sending it to the Planning Commission for their investigation/review and
recommendations.
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® MINUTES — MORRO BAY CITY COUNCIL
REGULAR MEETING — JANUARY 24, 2005
Councilmember Winholtz stated she would support a discussion at the Planning
Commission level on this issue.
City Manager Robert Hendrix stated the Air Pollution Control District's current rules of
regulating wood burning fireplaces currently apply to remodels where fireplaces are
involved and in new construction only. He said fireplaces in existence prior to 1994 were
grandfathered in. Mr. Hendrix stated the crux of Mr. Croyle's letter requested a retrofit
of all existing wood burning fireplaces, which is the one spot in the APCD ordinance that
does not mandate an upgrade.
Councilmember DeMeritt sympathizes with people who have neighbors with fireplaces
like this. She said she also realizes that people often bum the wrong things in their
fireplaces creating additional particulate matter. Councilmember DeMeritt stated she
wouldn't mind having it discussed further but realizes that regulating this kind of a ban
would be difficult.
Councilmember Peirce stated if people are burning properly it isn't offensive. He said
too many people bum trash, which creates a lot of smoke and odor.
® Council concurred that it was not feasible at this time to send this item to the Planning
Commission but Mayor Peters wanted to emphasize to those citizens with wood burning
fireplaces to be aware of the pollutants potentially caused by their burning as well as
remind citizens it is against the law to burn trash in their fireplaces.
No further action was taken on this item.
D-2 DISCUSSION ON TROLLEY USE FOR ANNUAL MORRO BAY PARADE:
(CITY COUNCIL)
Mayor Peters brought this item forward as Parade Director Gary Ream requested the use
of the trolley for the Annual Parade to carry Del Mar's 61h grade class. Cost issues are
involved in the use of the trolley as the 6a' graders fall into the category of "renters"
where the rental cost could run as high as $100.
Councilmember DeMeritt stated she'xvould like to see a way for these students to be able
to ride on the trolley in the parade, as she likes seeing students taking an active role in
civic activities.
Bob Teffl stood up in the audience and offered $100 so the students could participate in
the parade and ride the trolley.
13
MINUTES — MORRO BAY CITY COUNCIL
REGULAR MEETING—1ANUARY 24, 2005
MOTION: Councilmember Peirce moved the City Council accept Bob Tefft's
donation of S 100 to rent the trolley for the 61h graders to ride in the parade.
The motion was seconded by Councilmember Baxley and carried
unanimously. (5-0)
D-3 DISCUSSION ON PRIVATE VIEW PROTECTION ORDINANCE; (CITY
COUNCIL)
Mayor Peters stated residents regarding this matter have approached her. She said their
concern is for view protection from the potential of both building obstructions and foliage
obstructions. Mayor Peters stated if Council feels it is a matter worth pursuing, then it
can be sent to the Planning Commission for their recommendations.
Councilmember Peirce asked City Attorney Rob Schultz for his findings on this issue to
date because in his opinion; this item will have a high potential for lawsuits.
City Attorney Schultz stated he has briefly looked into this and said that the letters from
® Linda Stedjee asked for many more structural restrictions than other cities have adopted
to date. In his research; he has found that there have been communities that have adopted
view protection ordinances that deal primarily with the foliage issue and not structural
issues.
E
Councilmember Peirce stated he is not supportive with going forward with this at this
time.
Both Councilmembers DeMeritt and Winholtz felt it was worthwhile to send this issue to
the Planning Commission; Mayor Peters concurred.
Councilmember Baxley stated he personally favors public view protection, but he does
not support the City getting involved in private view protection.
MOTION: Councilmember DeMeritt moved that this item be sent to the Planning
Commission for their discussion and analysis of the legal, financial; and
philosophical ramifications of such a view ordinance. The motion was
seconded by Councilmember Winholtz and carried with Councilmember
Peirce and Councilmember Baxley voting no. (3-2)
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® MINUTES — MORRO BAY CITY COUNCIL
REGULAR MEETING — JANUARY 24, 2005
D-4 SCHEDULING OF BROWN ACT AND POLICIES AND PROCEDURES
WORKSHOP AND COUNCIL RETREAT, (ADMINISTRATION)
City Attorney Rob Schultz requested that the scheduling of the Brown Act and Council
Policies and Procedures Workshop portion of this item be continued to the January 31,
2005 combined City Council and Planning Commission meeting so that the new Planning
Commissioners can be involved in the discussion: Council concurred.
City Manager Bob Hendrix requested available dates of the Council so he can schedule
the City Council retreat. It was decided that the retreat would be scheduled either on
April 3 & % 2005 (first choice) or on April 15 & 16, 2005 (second choice).
ADJOURNMENT
The meeting adjourned at 10:50 p.m.
® Recorded by:
l�
Pam!Boucher
Deputy City Clerk
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15
• NOTICE OF SPECIAL MEETING
NOTICE IS HEREBY GIVEN that the Morro Bay City Council will
be holding a Special Meeting on Wednesday, January 19, 2005 at 6:00
p.m. and Thursday, January 20, 2005 at 6:00 p.m. to be held in the
Community Center Multi Purpose Room, 1001 Kennedy Way, Morro Bay,
California. The City Council will be conducting interviews to fill vacancies
on the Planning Commission, Public Works Advisory Board, Recreation &
Parks Commission, Harbor Advisory Board, and Community Promotions
Committee.
® DATED: January 12, 2005
Bridgett Ba r, City Clerk
® MINUTES — MORRO BAY CITY COUNCIL
SPECIAL MEETING — JANUARY 19 & 20, 2005
COMMUNITY CENTER MULTI PURPOSE ROOM - 6:00 P.M.
E
C
Mayor Peters called the meeting to order at 6:00 p.m.
PRESENT: Janice Peters Mayor
STAFF:
PUBLIC COMMENT
Thad Baxley
Melody DeMeritt
Bill Peirce
Betty Winholtz
Robert Hendrix
Robert Schultz
There was no public comment.
REPORT
Councilmember
Councilmember
Councilmember
Councilmember
City Manager
City Attorney
Interviews for Planning Commissioners were held on Wednesday, January 19, 2005.
There were 16 applicants for 5 vacancies. Selection was by individual paper ballots
which were handed out to Council members. Of the 16 applicants, 2 failed to appear
leaving 14 applicants for consideration. Votes by paper ballot were tabulated. The
following applicants were appointed to the Planning Commission:
Nancy Johnson 4 year term
Bernard Melvin 4 year term
Bill Woodson 3 year term
Sarah McCandless 2 year term
Robert Tefft, MD 2 year term
ADJOURNMENT
The meeting adjourned at approximately 9 p.m.
MINUTES — MORRO BAY CITY COUNCIL
SPECIAL MEETING — JANUARY 19 & 20, 2005
Interviews for the Recreation & Park Commission, Public Works Advisory Board,
Community Promotions Committee and Harbor Advisory Board were held on Thursday,
January 20. 2005.
There were 5 applicants to fill 3 vacancies on the Public Works Advisory Board. Votes
by individual paper ballot were tabulated and the following applicants were appointed to
the Public Works Advisory Board:
Bob Croyle 4 year term
Bill Olson 4 year term
John Yaroslaski 4 year term
There were 4 applicants to fill 3 vacancies on the Recreation & Parks Commission. Of
those 4 applicants, only 3 appeared.
MOTION: Councilmember Peirce moved that Johnny Munoz, Joan Solu and Leabah
Winter be appointed to the Recreation & Parks Commission. The motion
was seconded by Councilmember DeMeritt and unanimously carried.(5-0)
There were 7 applicants to fill 4 vacancies on the Harbor Advisory Board. Votes by
individual paper ballot were tabulated and the following applicants were appointed to the
Harbor Advisory Board:
Mandy Davis 4 year term
Ric Deschler I year term
Edwin Ewing 4 year term
Jim Phillips 4 year term
There were 5 applicants to fill 1 vacancy on the Community Promotions Committee. Of
those 5 applicants, only 2 appeared. Votes by individual paper ballot were tabulated and
the following applicant was appointed to the Community Promotions Committee:
David Weisman 4 year term
The meeting adjourned at 8:30 p.m.
Recorded by:
Jamre Boucher
® Deputy City Clerk
City of Morro Bay
City Council Agenda
Mission Statement
The City of Morro Bay is dedicated to the preservation and enhancement of the quality
of life. The City shall be committed to this purpose and will provide a level of
municipal service and safety consistent with and responsive to the needs of the public.
REGULAR MEETING — JANUARY 10, 2005
CLOSED SESSION — JANUARY 10, 2005
CITY HALL CONFERENCE ROOM - 5:00 P.M.
595 HARBOR ST., MORRO BAY, CA
CS-1 GOVERNMENT CODE SECTION 54956.8: REAL 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.
Property: 220 Atascadero Road
Negotiating Parties: City and potential buyers
Negotiations: Voluntary Purchase and Sale.
IT IS NOTED THAT THE CONTENTS OF CLOSED SESSION MEETINGS
ARE CONFIDENTIAL AND EXEMPT FROM DISCLOSURE.
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® PUBLIC SESSION — JANUARY 10, 2005
VETERANS MEMORIAL HALL - 6:00 P.M.
209 SURF ST., MORRO BAY, CA
ESTABLISH QUORUM AND CALL TO ORDER
MOMENT OF SILENCE
PLEDGE OF ALLEGIANCE
MAYOR AND COUNCILMEMBERS ANNOUNCEMENTS & PRESENTATIONS
CLOSED SESSION REPORT
PUBLIC COMMENT PERIOD - Members of the audience wishing to address the
Council on City business matters (other than Public Hearing items under Section B) may
do so at this time.
To increase the effectiveness of the Public Comment Period, the following rules shall be
followed:
• When recognized by the Mayor, please come forward to the podium and state
your name and address for the record. Comments are to be limited to three
minutes.
• All remarks shall be addressed to Council, as a whole, and not to any
® individual member thereof.
• The Council respectfully requests that you refrain from making slanderous,
profane or personal remarks against any elected official, commission and/or
staff.
• Please refrain from public displays or outbursts such as unsolicited applause,
comments or cheering.
• Any disruptive activities that substantially interfere with the ability of the City
Council to carry out its meeting will not be permitted and offenders will be
requested to leave the meeting.
• Your participation in City Council meetings is welcome and your courtesy
will be appreciated.
In compliance with the Americans with Disabilities Act, if you need special assistance to
participate in this meeting, please contact the City Clerk, (805) 772-6205. Notification 72
hours prior to the meeting will enable the City to make reasonable arrangements to ensure
accessibility to this meeting.
COUNCIL DECLARATION OF FUTURE AGENDA ITEMS
A. CONSENT CALENDAR
Unless an item is pulled for separate action by the City Council, the following actions are
® approved without discussion.
® A -I APPROVAL OF MINUTES FOR THE SPECIAL MEETING ON NOVEMBER
30, 2004 AND THE REGULAR MEETING ON DECEMBER 13, 2004;
(ADMINISTRATION)
RECOMMENDATION: Approve as submitted.
A-2 INVESTMENT REPORT FOR NOVEMBER 2004; (FINANCE)
RECOMMENDATION: Receive report for information.
A-3 RESOLUTION NO.01-05 ADOPTING INVESTMENT POLICY AND
DELEGATING AUTHORITY TO CITY TREASURER TO INVEST IDLE
FUNDS; (FINANCE)
RECOMMENDATION: Adopt Resolution No. 01-05.
A-4 RESOLUTION NO.02-05 ADOPTING BUDGET CALENDAR FOR 2005-
2007; (FINANCE)
RECOMMENDATION: Adopt Resolution No. 02-05.
A-5 APPROVAL OF SEWER MASTER PLAN CONTRACT AMENDMENT;
® (PUBLIC SERVICES)
RECOMMENDATION: Approve an amendment to the subject contract, and
allocate $30,000 from unobligated sewer fund reserves for extra work.
11
A-6 ACCEPTANCE OF RESIGNATION FROM PLANNING COMMISSIONER,
COMMUNITY PROMOTIONS COMMITTEE MEMBER AND HARBOR
ADVISORY BOARD MEMBER; (ADMINISTRATION)
RECOMMENDATION: Accept letters of resignation.
B. PUBLIC HEARINGS. REPORTS & APPEARANCES
B-I APPEAL OF PLANNING COMMISSION APPROVAL OF COMMUNITY
HOUSING PROJECT LOCATED AT 585 MORRO AVENUE; (PUBLIC
SERVICES)
RECOMMENDATION: Receive public testimony; deny the appeal, and uphold
the Planning Commission's decision to conditionally approve the project.
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® B-2 CONSIDERATION OF CONDITIONAL APPROVAL OF PROPOSED FIVE -
LOT RESIDENTIAL COMMUNITY HOUSING PROJECT LOCATED AT
2756 ALDER AVENUE; (PUBLIC SERVICES)
RECOMMENDATION: Receive public testimony, and uphold the Planning
Commission's decision to conditionally approve the project.
B-3 CONSIDERATION OF THE ANNUAL WATER REPORT; (PUBLIC
SERVICES)
RECOMMENDATION: Receive public testimony, and accept the Planning
Commission's recommendation.
C. UNFINISHED BUSINESS
C-1 REPORT ON STATUS AND LEGALITY OF CITY'S PARKING IN -LIEU
FUND; (CITY ATTORNEY)
RECOMMENDATION: Discuss and direct staff accordingly.
C-2 STATUS REPORT ON INFRASTRUCTURE BANK LOAN APPLICATION FOR
JOINT CITY/UNITED STATES COAST GUARD OFFICE STRUCTURE;
® (HARBOR)
RECOMMENDATION: Receive report for information.
C-3 CONSIDERATION OF RESCHEDULING ADVISORY BOARD INTERVIEW
DATES; (ADMINISTRATION)
RECOMMENDATION: Discuss and direct staff accordingly.
D. NEW BUSINESS
D-I REPORT AND RECOMMENDATION TO ADDRESS INDIVIDUAL OFFER
OF A CHALLENGE DONATION TO THE LIBRARY; (FINANCE)
RECOMMENDATION: Discuss and direct staff accordingly.
D-2 CONSIDERATION OF HUNTING REGULATIONS IN THE BACK BAY;
(HARBOR)
RECOMMENDATION: Discuss and direct staff accordingly.
11
1,
® D-3 DISCUSSION ON NEED FOR PUBLIC REVIEW AND A VISION FOR
DEVELOPMENT IN THE CENTRAL BUSINESS DISTRICT ZONING AREA
OF THE CITY; (PUBLIC SERVICES)
RECOMMENDATION: Discuss and direct staff accordingly.
E. ADJOURNMENT
THIS AGENDA IS SUBJECT TO AMENDMENT UP TO 72 HOURS PRIOR TO
THE DATE AND TIME SET FOR THE MEETING. PLEASE REFER TO THE
AGENDA POSTED AT CITY HALL FOR ANY REVISIONS OR CALL THE
CLERK'S OFFICE AT 772-6200 FOR FURTHER INFORMATION.
® COPIES OF STAFF REPORTS OR OTHER PUBLIC DOCUMENTATION
RELATING TO EACH ITEM OF BUSINESS REFERRED TO ON THIS
AGENDA ARE ON FILE IN THE OFFICE OF THE CITY CLERK AND
AVAILABLE FOR PUBLIC INSPECTION AND REPRODUCTION AT COST AT
CITY HALL, LIBRARY, AND MILLS STATIONERY.
11
IN COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT, IF
YOU NEED SPECIAL ASSISTANCE TO PARTICIPATE IN A CITY MEETING,
PLEASE CONTACT THE CITY CLERK'S OFFICE AT LEAST 24 HOURS
PRIOR TO THE MEETING TO INSURE THAT REASONABLE
ARRANGEMENTS CAN BE MADE TO PROVIDE ACCESSIBILITY TO THE
MEETING.
5
® MINUTES - MORRO BAY CITY COUNCIL
CLOSED SESSION — JANUARY 10, 2005
CITY HALL CONFERENCE ROOM - 5:00 P.M.
Mayor Peters called the meeting to order at 5:00 p.m
PRESENT: Janice Peters
Mayor
Thad Baxley
Councilmember
Melody DeMeritt
Councilmember
William Peirce
Councilmember
Betty Winholtz
Councilmember
STAFF: Robert Hendrix
City Manager
Robert Schultz
City Attorney
CLOSED SESSION
MOTION: Mayor Peters moved the meeting be adjourned to Closed Session. The
motion was seconded by Councilmember Baxley and unanimously
carried. (5-0)
Mayor Peters read the Closed Session Statement.
CS-1 GOVERNMENT CODE SECTION 54956.8: REAL 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.
• Property: 220 Atascadero Road
Negotiating Parties: City and potential buyers
Negotiations: Voluntary Purchase and Sale.
The meeting adjourned to Closed Session at 5:00 p.m. and returned to regular session at
5:12 p.m.
MOTION: Councilmember Winholtz moved the meeting be adjourned. The motion
was seconded by Councilmember Peirce and unanimously carried. (5-0)
The meeting adjourned at 5:12 p.m.
11
® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — JANUARY 10, 2005
VETERANS MEMORIAL HALL - 6:00 P.M.
Mayor Peters called the meeting to order at 6:00 p.m.
PRESENT: Janice Peters Mayor
Thad Baxley
Councilmember
Melody DeMeritt
Councilmember
William Peirce
Councilmember
Betty Winholtz
Councilmember
STAFF: Robert Hendrix
City Manager
Robert Schultz
City Attorney
Bridgett Bauer
City Clerk
Rick Algert
Harbor Director
Bruce Ambo
Public Services Director
John DeRohan
Police Chief
Mike Pond
Fire Chief
Jim Koser
Finance Director
Andrea Lueker
Recreation & Parks Director
ESTABLISH QUORUM AND CALL TO ORDER
MOMENT OF SILENCE
PLEDGE.OF ALLEGIANCE
MAYOR'S REPORTS & ANNOUNCEMENTS
CLOSED SESSION REPORT - City Attorney Robert Schultz reported the City Council
met in Closed Session, and discussed the property located at 220 Atascadero Road. The
City Council previously approved the sale of this property in the amount of $1,315,000,
and that sale fell out of escrow; Council in closed session approved the sale to the
second bidder for the same purchase price and terms.
PUBLIC COMMENT
Mandy Davis stated a petition has been circulated regarding back bay hunting
regulations. She requested the City Council take a stand and write a letter to the Fish &
Game Commission requesting regulations including minimizing hunting .during the
months of November, December and January to two days per week and Sundays from
8:00 am. to sunset, and regulating the boundary areas for hunting.
Keith Taylor stated funding for the City fire department should be a high priority, and
requested the City Council open a second fire station to serve North Morro Bay.
u
11
® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — JANUARY 10, 2005
Gary Ream announced the second annual Morro Bay Parade along with a family fun zone
is scheduled for February 19`s; all funds will be donated to the Friends of the Fire
Department. He also stated the final report from the 20/20 Vision Committee is
forthcoming.
Jack McCurdy stated the City Council should support the fair and workable compromise
suggested regarding hunting in the back bay. He said it is unacceptable to hunt birds in
an area named a bird sanctuary. Mr. McCurdy stated tourists come to Morro Bay to enjoy
the varied species of birds in the estuary. He said it would be a vast improvement to limit
hunting during the winter months.
Joan Carter stated she is appalled by hunting in the back bay, and asked how this can be
enforced.
Jim Nance stated the survey sent out by the Fire Department was very informative. He
said Council should consider selling City property, reallocate City funds, and/or raise the
transient occupancy tax in order to assist in funding for the Fire Department.
® Mark Tognazzini addressed Item D-2 (Consideration of Hunting Regulations in the Back
Bay) stating the bay's safety record is outstanding. He said most sanctuaries and refuges
would not exist without the contributions of hunters and their families. Mr. Tognazzini
stated the Morro Bay Commercial Fishermen support continued access for all users of the
bay waters including hunters. He requested the City Council support maintaining the bay
hunting restrictions as written.
David Nelson addressed Item D-1 (Report and Recommendation to Address Individual
Offer of a Challenge Donation to the Library) and requested Council support in matching
Mr. Lane's donation for library funding. He referred to the survey sent out by the Fire
Department and said the City needs an ambulance rather than driving the fire trucks
around town. Mr. Nelson addressed the money owed by Duke Energy noting the City is
losing $20,000 per month on an aggrieved rent payment.
Lionel Johnston stated the City's tree scape is diminishing and noted there are a variety
of oak trees that would do well in Morro Bay.
George Contento stated the in -lieu parking program has not followed the letter of the law.
He said the City has artificially inflated land costs in the downtown and Embarcadero.
Mr. Contento stated parking is being short changed in many ways in new developments.
He suggested the City use the harbor fund surplus to purchase 60 spaces at the
Brannigan's propterty.
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — JANUARY 10, 2005
Bob Stafford, Department of Fish & Game, stated there is a lease with the DFG to hunt in
the back bay with regulations.
Dan Glesmann addressed the budget process noting the City has been balancing the
budget by drawing on reserves. He said his concern is if the California economy turns
down, there won't be sufficient reserves to provide vital services.
Hershel Parker stated the November 2, 2004 election showed that the people of Morro
Bay had decided that the previous City Council majority had gone too far in changing the
rules to favor developers at the expense of ordinary taxpayers. He said the zoning
ordinance indicates that the Planning Commission had itself been gutting the perfectly
good ordinance certified in February 1997. Mr. Parker suggested the Council direct the
new planning commission to work with the old ordinance.
Henry Ponderelli, President of Morro Coast Audubon, stated they would like to see a
protocol that is more aligned with the National Wildlife Refuges. He said their
organization is working with the Black Brant Group in forming some positive changes to
the hunting regulations in the back bay.
® Jim Bianchi addressed the budget process, and expressed concern that the City's
expenditures are more than the reserves. He said the City should use the excellent
resources through its department heads to find specific solutions to this budgetary
problem.
is
Tom Laurie stated he is opposed to the City renewing its lease with Duke Energy in the
matter of the outfall. He said the new lease contradicts and violates the intent of the
City's Local Coastal Plan. Mr. Laurie stated the coastal dependent industrial zoning of
the power plant property does not imply short-term use of an existing obsolete plant with
a high probability of the abandonment of the plant.
John Flaherty, owner of Central Coast Outdoors, stated his business takes visitors on the
bay in kayaks. He said the tourists are amazed at the number of birds and are shocked
that there is hunting allowed in the bay. Mr. Flaherty also expressed concern with the
safety of people during hunting season.
Brian Reynolds, Director of San Luis Obispo County Libraries, addressed Item D-1 and
requested Council's consideration and support by matching Robert Lane's donation
pledge.
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® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — JANUARY 10, 2005
Phil Hill addressed the Boatyard and requested the City Council appraise the 178 square
foot triangle, and take the right action so the Boatyard can continue to function and serve
the community.
Betty Forsythe stated the community is part of making the library successful. She said
the Friends of the Library are continuing efforts in enclosing the patio area.
Kathleen Vanroman-Wells addressed the hypocrisy of specialty groups who fight
commerce and yet require the same services as the working class.
Frank DeVine requested that trees being planted in the downtown area be a flowering and
fragrant species to enhance the area. He referred to derogatory comments made about
him at a previous meeting, and he requested Council not take such comments to heart.
Bob Tefft requested Council address the meaning and intent of the parking in -lieu
program. He said the original intent of the law should be approached.
John Barta stated the City was the recipient of a grant from the Coastal Conservancy to
combine the City's Local Coastal Plan and General Plan and over a period of five years
there were numerous public hearings to address this project.
Greg Smith, State Parks Superintendent, stated the campground renovation should be
complete by March or April. He thanked City staff for their efforts in assisting with
flooding during the recent storms. Mr. Smith addressed the removal and replacement of
trees in the campground, and also addressed other improvements being made.
Charlie Palmer stated there are too many houses being built in the City, and he does not
know how people obtained permits to build homes so closely together.
Mayor Peters closed the hearing for public comment.
Mayor Peters called for a break at 7:20 p.m.; the meeting resumed at 7:30 p.m.
DECLARATION OF FUTURE AGENDA ITEMS
Mayor Peters requested to agendize the discussion on wood burning fireplaces. Mayor
Peters also requested to agendize discussion on the use of the trolley for.the annual
parade.
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MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — JANUARY 10, 2005
A. CONSENT CALENDAR
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 MEETING ON NOVEMBER
30, 2004 AND THE REGULAR MEETING ON DECEMBER 13, 2004;
(ADMINISTRATION)
RECOMMENDATION: Approve as submitted.
A-2 INVESTMENT REPORT FOR NOVEMBER 2004; (FINANCE)
RECOMMENDATION: Receive report for information.
A-3 RESOLUTION NO.01-05 ADOPTING INVESTMENT POLICY AND
DELEGATING AUTHORITY TO CITY TREASURER TO INVEST IDLE
FUNDS; (FINANCE)
® RECOMMENDATION: Adopt Resolution No. 01-05.
A-4 RESOLUTION NO.02-05 ADOPTING BUDGET CALENDAR FOR 2005-
2007; (FINANCE)
49
RECOMMENDATION: Adopt Resolution No. 02-05.
A-5 APPROVAL OF SEWER MASTER PLAN CONTRACT AMENDMENT;
(PUBLIC SERVICES)
RECOMMENDATION: Approve an amendment to the subject contract, and
allocate $30,000 from unobligated sewer fund reserves for extra work.
A-6 ACCEPTANCE OF RESIGNATION FROM PLANNING COMMISSIONER,
COMMUNITY PROMOTIONS COMMITTEE MEMBER AND HARBOR
ADVISORY BOARD MEMBER; (ADMINISTRATION)
RECOMMENDATION: Accept letters of resignation.
Councilmember Winholtz pulled Item A-1 of the Consent Calendar; Mayor Peters pulled
Item A-6.
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® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — JANUARY 10, 2005
MOTION: Councilmember Peirce moved the City Council approve the Consent
Calendar with the exception of Items A-1 and A-6. The motion was
seconded by Councilmember Baxley and carried unanimously. (5-0)
A-1 APPROVAL OF MINUTES FOR THE SPECIAL MEETING ON NOVEMBER
30, . 2004 AND THE REGULAR MEETING ON DECEMBER 13, 2004;
(ADMINISTRATION) -
Councilmember Winholtz submitted amendments to the minutes of November 30'h (page 4,
paragraph 5); and, minutes of the December 13'h (page 5, paragraph 1).
MOTION: Councilmember Winholtz moved the City Council approve Item A-1 of
the Consent Calendar as amended. The motion was seconded by
Councilmember Baxley and carried unanimously. (5-0)
A-6 ACCEPTANCE OF RESIGNATION FROM PLANNING COMMISSIONER,
COMMUNITY PROMOTIONS COMMITTEE MEMBER AND HARBOR
ADVISORY BOARD MEMBER; (ADMINISTRATION)
® Mayor Peters recognized these Committee members for their service to the City.
MOTION: Mayor Peters moved the City Council approve Item A-6 of the Consent
Calendar. The motion was seconded by Councilmember Peirce and
carried unanimously. (5-0)
B. PUBLIC HEARINGS, REPORTS & APPEARANCES
B-1 APPEAL OF PLANNING COMMISSION APPROVAL OF COMMUNITY
HOUSING PROJECT LOCATED AT 585 MORRO AVENUE; (PUBLIC
SERVICES)
Planning Manager Greig Cummings stated the proposed project consist of four single
family dwellings on four individual lots with open space easements of 1,000 square feet
per residence. The project is within the Planned Development Overlay zone and the
applicant requested a modification to the front setback to change it to 10 feet from 20
feet. The applicant also proposed to excavate the bluff face approximately 5 to 6 feet and
place two story residences within the bluff buffer that would be 14 feet above the original
bluff elevation. The applicant has indicated with the reduced front setback there is a
more usable common open space area on the west side of the property; landscaping of the
drainage way that extends to the Embarcadero is to be landscaped thus improving the
is
general appearance of the area; and, the applicant is proposing to landscape and maintain
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® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — JANUARY 10, 2005
the area between the property line and the street improvements. The appellant has
indicated the grounds for the appeal include excavation of the bluff is not consistent with
the Coastal Land Use Plan and General Plan; the height limit is 14 feet; with excavation,
the developer is allowed to build five feet more for a total of 19 feet; one story now
becomes two stories; and, the proposed benefit is not a greater than normal public benefit
sufficient to allow.the front setback to be reduced from 10 feet to 20 feet. Mr. Cummings
recommended the City Council consider the Zoning Ordinance provisions and the
pertinent General Plan/Local Coastal Plan policy and determine if the Planning
Commission's action to approve the project should be upheld or that the application
should be denied, or provide direction to the applicant and/or staff to modify the project.
Priscilla Ko, appellant, stated the excavation of the bluff is not consistent with the Coastal
Land Use Plan and General Plan. She said the proposed building coverage is proposed at
73%. Ms. Ko stated this project is out of character with neighboring businesses and
should not be permitted. She said the project would not substantially improve the visual
quality of the bluff or the Embarcadero area, and should not be granted exceptions. Ms.
Ko stated the benefit of this project,is not greater than normal. She requested the City
Council deny the Planning Commission decision to approve this project.
® Michael Coss, applicant, stated the standards for bluff development also includes using
step down development on the bluff. He'reviewed the project setbacks and noted the
consistency of his proposed project and surrounding structures in the neighborhood. Mr.
Coss stated he meets the open space requirements, however, he is proposing to offer open
space on the bluff. He requested Council deny the appeal and uphold the Planning
Commission's approval of this project.
Mayor Peters opened the hearing for public comment
Bob Tef : asked where the public benefit is in exchange for the exceptions requested for
this project.
Brian Holden stated the applicant lives locally and cares about Morro Bay. He said the
applicant would do whatever he can to enhance the City and will provide housing.
Dan Lapp stated this project would not have a lot of visibility because it is not on a
corner. He said the applicant is providing ample parking, so that should not be a concern.
Frank DeVine stated this is too much development for this site. He said approving this
project could set a precedent in approving over -development of lots. Mr. DeVine stated
he would like to see some public benefit come out of this project.
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® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — JANUARY 10, 2005
Dorothy Cutter referred to planned development zoning, and stated properties such as this
should be held to the highest of standards. She said this project is too large for the site
and sets a bad precedent.
Ken Vesterfelt stated Council should ask staff what the zoning requirements are for this
property -
Ray McKelligott stated grading is not allowed between the months of November and
March.
Mayor Peters closed the public comment hearing.
Councilmember Winholtz stated she is uncomfortable with this project. She said she
thought the original staff report identified the issues and presented a compromise on how
this project should fit on the property. Councilmember Winholtz stated she supports
upholding the appeal both for the setbacks and the bluff top excavation.
Councilmember Baxley stated this project does not meet the City's Local Coastal Plan
® that does not allow excavation of the bluff top. He said this project does not provide
public benefit and therefore should not receive benefits to the setbacks.
L]
Councilmember DeMeritt stated this project does not provide an architectural benefit to
the City. She said this project is in the PD Overlay zone because it sits on the bluff,
which is a sensitive area. Councilmember DeMeritt stated she does not feel this would
provide community housing that could house the working class. She said she supports
upholding the appeal.
Councilmember Peirce stated he does not see the public benefit and therefore supports
the appeal.
Mayor Peters agreed there is no public benefit and she supports upholding the appeal.
Councilmember Baxley stated the redesign of this project should consider the two points
of appeal.
MOTION: Councilmember Peirce moved the City Council tentatively upheld the
appeal of the Planning Commission's approval of a Community Housing
Project Located at 585 Morro Avenue. The motion was seconded by
Councilmember Winholtz and carried unanimously. (5-0)
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® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — JANUARY 10, 2005
The City Council requested a redesign of this project go before the Planning
Commission.
B-2 CONSIDERATION OF CONDITIONAL APPROVAL OF PROPOSED FIVE -
LOT RESIDENTIAL COMMUNITY HOUSING PROJECT LOCATED AT
2756 ALDER AVENUE; (PUBLIC SERVICES)
Associate Planner Mike Prater stated the proposed project would be constructed in two
phases. The first phase is under way to construct two of the single-family residential
units on two of the three existing lots. This phase qualified for an administrative Coastal
Development Permit. The second phase would reconfigure the existing three lots to
create a five -unit community housing project. Each lot would be approximately 2,400
square feet with a 1,800 square foot residential unit, including a two -car garage. The
project site size is approximately 11,991 square feet in area and zoned for multi -family
residential development at a density of 1,800 square feet of gross area per unit, which
equates to 6 units. The project will meet all development standards and will not be
asking for any exceptions. On November 15, 2004, the Planning Commission considered
the application at a regularly scheduled public hearing. The Planning Commission
® received public testimony, closed the public hearing and took an action recommending
approval of the Tract Map, Coastal Development Permit and Conditional Use Permit for
the project unanimously. The Commission's action included adding two conditions: 1)
landscape and maintenance plan illustrating how the project's future homeowners will
utilize the space as a common area while appearing to maintain the character of a single-
family neighborhood; and 2) provide a Tract Map showing the 5,000 square feet of
common open space as an easement. Mr. Prater recommended the City Council accept
the Planning Commission's recommendation to conditionally approve the project.
Ci
Tim Moscardi, applicant, stated the project allows for six units, however, he is planning
to build five. He reviewed an updated map for Council information including the open
space per unit. Mr. Moscardi stated he is not requesting any variances for this project.
Mayor Peters opened the hearing for public comment.
Frank DeVine stated the only community housing aspect of this project is the sparse
common open space area. He said parking standards should be raised before approving
high -density projects. Mr. Devine stated the General Plan requires that the proposed
development should match the development that already exists, and this proposed project
is not in character with the neighborhood. He said this is too much building on this size
property, and it should be reduced.
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® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — JANUARY 10, 2005
Susan Heinemann stated she is opposed to this 5-unit housing project. She said this
development does not provide an ample common area, and thus does not meet the criteria
for community housing. Ms. Heinemann requested Council return this project to the
newly appointed Planning Commission for further review.
Roy Kline stated he is opposed to this community housing project. He said this project
would cram five 2-story houses on what are three parcels in a residential area, which is
unacceptable. Mr. Kline stated these homes would be too expensive for low-income
residents to afford.
Ken Vesterfelt stated this applicant has the right to build on this property. He said
property values are extremely high and difficult to build low-income housing.
Dan Kaufman stated this project would improve the neighborhood.
Frank Gilbert stated this project was proposed to have a positive impact on Morro Bay.
Mayor Peters closed the public comment hearing.
® Councilmember Baxley stated this project meets all planning regulations and he supports
the project.
Councilmember Winholtz stated she would like to see six units built on the three lots that
would provide affordable housing. She said it would be more physically responsible to
place the garages facing Birch Street, which is a less busy street.
Councilmember DeMeritt stated this area has small lots and she does not know why the
City would want to take three small lots and turn them into six smaller lots. She said
building a primary residence with a secondary unit would provide the affordable housing
critically needed in the City. Councilmember DeMeritt stated the proposed common
open space does not meet the criteria described in the code.
Councilmember Peirce stated North Morro Bay use to be known as Del Mar, and it has
unique lot sizes. He said affordable housing is needed, and these smaller houses will be
more affordable than a larger house.
Mayor Peters stated this neighborhood has a lot of variation in housing size because it is
in transition. She said an apartment building would be denser than this project, and this
project would benefit the neighborhood and support affordable housing.
® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — JANUARY 10, 2005
MOTION: Councilmember Baxley moved the City Council accept the Planning
Commission recommendation to conditionally approve the five -lot
residential community housing project located at 2756 Alder Avenue. The
motion was seconded by Councilmember Peirce and carried with
Councilmember DeMeritt and Councilmember Winholtz voting no. (3-2)
Mayor Peters called for a break at 9:08 p.m.; the meeting resumed at 9:15 p.m.
B-3 CONSIDERATION OF THE ANNUAL WATER REPORT; (PUBLIC
SERVICES)
Planning Manager Greig Cummings stated pursuant to Section 13.20.060 of the Morro
Bay Municipal Code, the Annual Water Report has been prepared by the Public Services
Department and reviewed by the Planning Commission, and their recommendation
forwarded by this report to the City Council for consideration and adoption, after
concluding a public hearing. This report describes the uses that have received water
equivalency allocations in 2004, and provides staffs recommendation regarding the
building allocation for residential units and the suggested mix of multi -family and single
® family residential units for 2005 as indicated in City Council Resolution No. 78-00. This
resolution indicates that the City Council will continue to set an annual limit on
residential units and their mix as set forth in Ordinance No. 266. Mr. Cummings stated
the Planning Commission recommends, pursuant to the procedures established in
Ordinance No. 266, that the City Council: 1) allocate the mix of residential units to 60
percent single-family and 40 percent multi -family units; and authorize the corresponding
water equivalency allocation for residential uses at 100 water equivalency units; 2)
process residential allocation limits on a fast -come, first -serve basis, based on the
priorities contained in the current General Plan and Local Coastal Plan policies. Unused
multiple family residential water equivalency units may be rolled over to single family
dwellings after September 30, 2005; 3) authorize allocation of 130% of the residential
water equivalency units to commercial and industrial projects, within the priority
categories consistent with the current Local Coastal Plan and General Plan policies; and
4) roll any unused water allocations over to next year's allocations for 2006.
Mayor Peters opened the hearing for public comment; there being no comments, Mayor
Peters closed the public comment hearing.
MOTION: Councilmember Peirce moved the City Council approve the Planning
Commission recommendation, pursuant to the procedures established in
Ordinance No. 266, as follows: 1) allocate the mix of residential units to
60 percent single-family and 40 percent multi -family units; and authorize
® the corresponding water equivalency allocation for residential uses at 100
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MINUTES - MORRO BAY CITY COUNCIL
® REGULAR MEETING — JANUARY 10, 2005
water equivalency units; 2) process residential allocation limits on a first -
come, first -serve basis, based on the priorities contained in the current
General Plan and Local Coastal Plan policies. Unused multiple family
residential water equivalency units may be rolled over to single family
dwellings after September 30, 2005; 3) authorize allocation of 130% of the
residential water equivalency units to commercial and industrial projects,
within the priority categories consistent with the current Local Coastal
Plan and General Plan policies; and 4) roll any unused water allocations
over to next year's allocations for 2006. The motion was seconded by
Councilmember Baxley and carried unanimously. (5-0)
C. UNFINISHED BUSINESS
C-1 REPORT ON STATUS AND LEGALITY OF CITY'S PARKING IN -LIEU
FUND; (CITY ATTORNEY)
This item was continued to a special meeting with the Planning Commission on January
® 31, 2005.
C-2 STATUS REPORT ON INFRASTRUCTURE BANK LOAN APPLICATION FOR
JOINT CITY/UNITED STATES COAST GUARD OFFICE STRUCTURE;
(HARBOR)
Harbor Director Rick Algert stated the City's Harbor Department is housed in a 1950's
building that is substandard and insufficient for space requirements. The Harbor
Department has a long history of searching for funds and a feasible site to provide modem
office facilities dating back at least twenty years to a proposal to relocate to the south Rock
parking lot area. That proposal was to be funded by a low interest loan from the Department
of Boating and Waterways but the proposed site was not acceptable from a community
planning perspective. In 1995, the Harbor Department spent a year on design and
development of a replacement three-story harbor office at the current location. Cost
estimates came in at almost $600,000 and the City Council declined to proceed due to
financial constraints and concerns over long-term planning issues. In 1999, based on mutual
interest from the USCG in improving their facility, the City Council authorized staff to work
with the USCG on a proposed joint office concept on the site of the existing USCG and
Harbor offices. The concept was to develop in partnership a facility that would house both
functions and the first step for the USCG was a planning proposal that would have to be
approved by USCG headquarters in Washington. In 2001, the planning proposal went to
USCG headquarters recommending that the USCG enter into an agreement with the City on
® a joint use building. That planning proposal was sitting at USCG headquarters when 9/11
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MINUTES - MORRO BAY CITY COUNCIL
�. REGULAR MEETING — JANUARY 10, 2005
occurred. Since that time, the USCG has gone through reorganization into the Homeland
Security Department and has only, shown intermittent interest or ability to move forward
with the proposal. While this would seem to be an endorsement of continued work on the
concept, the underlying currents have left City staff feeling that such a complex project is
unlikely to receive a high priority at the USCG at this time. In addition, there are financing
issues in the Harbor Fund.
No action was taken on this item.
C-3 CONSIDERATION OF RESCHEDULING ADVISORY BOARD INTERVIEW
DATES; (ADMINISTRATION)
MOTION: Councilmember Winholtz moved the City Council schedule the advisory
board interviews for January 19 and 20, 2005. The motion was seconded by
Councilmember Peirce and carried unanimously. (5-0)
D. NEW BUSINESS
isOF
REPORT AND RECOMMENDATION TO ADDRESS INDIVIDUAL OFFER
OF A CHALLENGE DONATION TO THE LIBRARY; (FINANCE)
Finance Director Jim Koser stated the City Council received a letter from Mr. Robert
Lane of Morro Bay offering to donate $10,000 to the Mono Bay Library, if the City
would match it with an equal amount. Mr. Lane expressed a desire to see the City begin
to participate financially in support of the local library. He noted Mr. Lane wishes to
establish precedence of City financial support; with the expectation that it would continue
into the future. His offer did not allow for the Friends of the Library or other
organizations or individuals to pay a portion of the City's obligation.
Councilmember Baxley stated he supports finding out if Mr. Lane will accept "in -kind"
donations.
Council concurred to wait to see if Mr. Lane will accept "in -kind" donations.
No further action was taken on this item.
14
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — JANUARY 10, 2005
D-2 CONSIDERATION OF HUNTING REGULATIONS IN THE BACK BAY;
(HARBOR)
Harbor Director Rick Algert stated the State of California sets hunting and fishing
regulations through the California Fish and Game Commission. Waterfowl hunting is
currently allowed from approximately the beginning of November through the end of
January and only in the Fish and Game managed area of the back bay, which is outside the
City limits. The City cannot directly regulate waterfowl hunting on the bay. The Fish and
Game Commission does review and re -set waterfowl regulations periodically. The City
may provide written comments to the Fish and Game Commission at any time on setting
waterfowl regulations in the area.
Mayor Peters opened the hearing for public comment.
Phil Hill stated he would be assisting in gathering signatures on the petition in opposition
to back bay hunting. He said he lives on a boat in the bay, and when gunshots go off it
makes everyone including the otters flinch. Mr. Hill stated compromise is a good thing.
® Abe Perlstein stated while taking pictures by the bay, he saw ducks and then heard shots
fired 20-30 feet away from him. He said he would like to see a compromise downsizing
the time and season for hunting.
Mark Kennelly, California Waterfowl Association, stated the public has a right to hunt
navigable waterways, and urged the City Council to oppose any new restrictions on
waterfowl hunting.
Gene Johe, President of the Black Brant Group, stated he has been hunting in the bay
since 1948. He said it was suggested by the Department of Fish and Game years ago that
the Black Brant Group educate hunters on the boundaries set for hunting in the back bay.
Ed Dumong stated commercial fishermen are being closed down in the same way as the
hunters, and he urged Council not to support placing restrictions on hunting.
Mandy Davis reviewed a detailed map for Council information. She requested that the
grass island shown on the map be eliminated completely from the restricted hunting area.
Ms. Davis stated the restricted area is also a hub for recreational activities. She requested
Council correspond with the Fish and Game Commission to recommend changes to their
policies limiting hunting to two days per week plus Sunday, and removal of the grass
island from the hunting boundaries.
Mayor Peters closed the public comment hearing.
15
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — JANUARY 10, 2005
Councilmember Winholtz stated she could support forming a sub -committee to work
with those who support and oppose hunting in order to form a compromise.
Councilmember Baxley stated since the City does not have jurisdiction over this issue, he
supports waiting until the Fish & Game Commission hears this issue.
Councilmember DeMeritt stated she agrees to wait until the Fish and Game Commission
hears this issue in August, and that the City should encourage the public to attend this
meeting, which will be held in Morro Bay. She said hunting should not take place the
same weekend as the Winter Bird Festival.
Councilmember Peirce agreed that the public should be encouraged to attend the Fish and
Game Commission meeting. He said being this is not within the City's jurisdiction, he is
not ready to take a position at this time.
Mayor Peters stated the bird sanctuary is within the City's jurisdiction, however, hunting
in the back bay is not. She said as a City, it would not be appropriate to enter into this at
Is this time.
No action was taken on this item.
D-3 DISCUSSION ON NEED FOR PUBLIC REVIEW AND A VISION FOR
DEVELOPMENT IN THE CENTRAL BUSINESS DISTRICT ZONING AREA
OF THE CITY; (PUBLIC SERVICES)
This item was continued to a Special Meeting with the Planning Commission on January
31, 2005.
ADJOURNMENT
The meeting adjourned at 10:40 p.m.
Recorded by:
Bridgett Baddr
City Clerk
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