HomeMy WebLinkAboutJanuary - DecemberCity of Morro Bay
® Morro Bay, CA 93442
(805) 772-6200
r
11
CITY OF MORRO BAY
CITY COUNCIL
NOTICE OF 'CANCELED MEETIM
THE REGULAR CITY COUNCIL MEETING
SCHEDULED FOR
MONDAY, DECEMBER 25, 2006
HAS, BEEN CANCELED
The next regularly scheduled meeting will be held on
Monday, January 8, 2007, 6:00 p.m., Veterans Hall.
® FINANCE ADMINISTRATION FIRE DEPT. PUBLIC SERVICES
595 Harbor Street 595 Harbor Street 715 Harbor Street 955 Shasta Avenue
HARBOR DEPT.
1275 Embarcadero Road
CITY ATTORNEY POLICE DEPT. RECREATION & PARKS
955 Shasta Avenue 870 Morro Bay Boulevard 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 — DECEMBER 11, 2006
CLOSED SESSION — DECEMBER 11, 2006
CITY HALL CONFERENCE ROOM - 5:00 P.M.
595 HARBOR ST., MORRO BAY, CA
® CS-1 GOVERNMENT CODE SECTION 54956.9(A): CONFERENCE WITH
LEGAL COUNSEL REGARDING PENDING LITIGATION: STATUS
REPORT ON ALL PENDING 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.
IT IS NOTED THAT THE CONTENTS OF CLOSED SESSION MEETINGS
ARE CONFIDENTIAL AND EXEMPT FROM DISCLOSURE.
PUBLIC SESSION — DECEMBER 11, 2006
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 INVESTMENT REPORT FOR OCTOBER 2006; (FINANCE)
RECOMMENDATION: Receive report for information.
A-2 AWARD OF CONTRACT FOR THE WASTEWATER TREATMENT
ALTERNATIVES ANALYSIS IN THE CHORRO VALLEY; (PUBLIC
SERVICES)
RECOMMENDATION: Award the contract to Cannon Associates for a not to
exceed cost of $45,000 for Phase 1 of the Wastewater Treatment Alternatives
Analysis in the Chorro Valley.
A-3 RESOLUTION NO. 62-06 AUTHORIZING EXECUTION OF A GRANT
AGREEMENT WITH THE STATE COASTAL CONSERVANCY FOR
$130,000 TO SUPPORT SUSTAINABLE COMMERCIAL FISHING IN SAN
LUIS OBISPO COUNTY; (HARBOR)
RECOMMENDATION: Adopt Resolution No. 62-06.
B. PUBLIC HEARINGS. REPORTS & APPEARANCES —NONE.
C. UNFINISHED BUSINESS
C-I APPROVAL AND EXPENSE AUTHORIZATION OF PROPOSITION 40
GRANT FUNDS FOR DEL MAR PARK PLAY STRUCTURE
REPLACEMENT; (RECREATION & PARKS)
RECOMMENDATION: Authorize the use of up to $110,000 of Proposition 40
Per Capita funds to replace the Del Mar Park wooden play structure and
make repairs to the Ironwood parking lot.
D. NEW BUSINESS
D-1 INTERIM URGENCY ORDINANCE PROHIBITING THE ISSUANCE OF
LAND USE DEVELOPMENT ENTITLEMENTS OR LAND USE PERMITS
FOR PROJECTS FROM MAIN STREET TO THE BAY AND FROM
BAYSHORE BLUFFS TO TIDELANDS PARK PENDING COMPLETION OF
STUDIES AND THE PREPARATION OF AN UPDATE TO THE CITY'S
ZONING ORDINANCE CODE AND/OR TO CREATE A SPECIFIC PLAN;
(CITY ATTORNEY)
RECOMMENDATION: Review the Proposed Interim Urgency Ordinance.
D-2 REVIEW TERMS OF CABLE TV FRANCHISE AGREEMENT;
(ADMINISTRATION)
0 RECOMMENDATION: Receive report, and direct staff accordingly.
® D-3 REVIEW OF MOBILE RENT CONTROL ORDINANCE REGARDING
CONVERSION AND RESIDENCY REQUIREMENTS; (CITY ATTORNEY)
RECOMMENDATION: Discuss and direct staff accordingly.
D4 DISCUSSION OF POLICY FOR CANCELLATION OF ADVISORY BOARD
MEETINGS; (CITY ATTORNEY)
RECOMMENDATION: Review City policies, and provide staff with direction.
D-5 APPROVE ADVERTISING SCHEDULE AND SET MEETING DATE FOR
THE PURPOSE OF INTERVIEWING CANDIDATES TO FILL VACANCIES
ON ADVISORY COMMITTEES; (ADMINISTRATION)
RECOMMENDATION: Approve advertising schedule, and set a date and time
to interview applicants for vacancies on City Commission and Advisory
Boards.
D-6 SELECTION OF VICE -MAYOR TO SERVE A ONE-YEAR TERM;
(ADMINISTRATION)
RECOMMENDATION: Select a Council Member to serve a one-year term as
® Vice -Mayor effective January 2007.
E. ADJOURNMENT
El
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.
Ell
® MINUTES - MORRO BAY CITY COUNCIL
CLOSED SESSION — DECEMBER 11, 2006
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
Melody DeMeritt
Rick Grantham
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 DeMeritt and
unanimously carved. (5-0)
Mayor Peters read the Closed Session Statement.
® CS-1 GOVERNMENT CODE SECTION 54956.9(A); CONFERENCE WITH
LEGAL COUNSEL REGARDING PENDING LITIGATION: STATUS
REPORT ON ALL PENDING 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.
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 DeMeritt and unanimously carried. (5-0)
The meeting adjourned at 5:55 p.m.
® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — DECEMBER 11, 2006
VETERANS MEMORIAL HALL - 6:00 P.M.
Mayor Peters called the meeting to order at 6:00 p.m.
PRESENT: Janice Peters
Mayor
Melody DeMeritt
Councilmember
Rick Grantham
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
Frank Cunningham
City Engineer
John DeRohan
Police Chief
Bruce Keogh
WWTP Manager
Steve Knuckles
Fire Captain
Susan Slayton
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 concern with the City's lack of public information
regarding the high nitrate levels in the City's water system: Dawn Feuerberg, Matthew
Fleming, David Nelson, Joey Racano, Noah Smukler and John Barta.
The following people expressed opposition to Item D-1 (Interim Urgency Ordinance
Prohibiting the Issuance of Land Use Development Entitlements or Land Use Permits for
Projects from Main Street to the Bay and from Bayshore Bluffs to Tidelands Park
Pending Completion of Studies and the Preparation of an Update to the City's Zoning
Ordinance Code and/or to Create a Specific Plan): Dorothy Cutter, Bernadette Pekarek,
Bill Martony, Barbara Brebes, Norm Arnold, Bob Kaiser, Jay Coakley, Teresa McClish
and John Barta.
3
® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — DECEMBER 11, 2006
Keith Taylor urged the City Council to move forward with building the new fire station,
which was the 41 priority of Measure Q. He also stated Friends of the Fire Department
placed a rosemary Christmas tree in the City Hall lobby.
Ginger Hendrix requested the City Council take a fresh approach in 2007 by watching out
for the citizens of Morro Bay in providing affordable housing, clean air to breath, clean
water to drink, a town center that is thriving, streets that are safe, services for seniors, and
common areas that will unite this little town with a diverse population.
Phil Hill stated he was pleased to hear there has been progress made on the boatyard, and
he would appreciate an update on this situation.
Joan Solu, Recreation & Parks Commissioner, addressed Item C-1 (Approval and
Expense Authorization of Proposition 40 Grant Funds for Del Mar Park Play Structure
Replacement) and stated local children voted on the proposed play structure at Del Mar
Park. She said although the parking lot needs to be repaved, the park is there for children
to play.
® David Nelson stated the City should not sign off on the agreement with Shell Oil
regarding the MtBE spill. He expressed concern with a power plant being located next to
an estuary.
Joey Racano stated the Regional Water Quality Board just implemented a comprehensive
plan for the region relating to watershed in the County. He addressed Item A-2 (Award
of Contract for the Wastewater Treatment Alternatives Analysis in the Chorro Valley)
and stated this will not include looking at recharging and recycling aquifers.
Noah Smukler discussed the importance of sustainable planning for the health of the
estuary and community.
Barry Dorfman stated an emergency policy should be considered for future emergencies
such as the recent water contamination.
Andy Hampp expressed opposition to Item D-3 (Review of Mobile Rent Control
Ordinance Regarding Conversion and Residency Requirements) stating conversion
ordinances are expensive for park owners and tenants. He requested the City Council
take no action on this issue at this time and monitor this situation.
Mayor Peters closed the hearing for public comment.
® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — DECEMBER 11, 2006
DECLARATION OF FUTURE AGENDA ITEMS
Mayor Peters requested to agendize the discussion of future notices of safety emergency
issues; Council concurred.
Mayor Peters requested to agendize the consideration of placing a moratorium on
marijuana dispensaries within the City limits until further Council discussion;
Councilmember DeMeritt, Councilmember Grantham and Councilmember Peirce
concurred.
Councilmember Winholtz requested to agendize the consideration of proposing ex pane
disclosures when discussing projects; Councilmember DeMeritt and Mayor Peters
concurred.
Mayor Peters called for a break at 7:27 p.m.; the meeting resumed at 7:38 p.m.
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 OCTOBER 2006; (FINANCE)
RECOMMENDATION: Receive report for information.
A-2 AWARD OF CONTRACT FOR THE WASTEWATER TREATMENT
ALTERNATIVES ANALYSIS IN THE CHORRO VALLEY; (PUBLIC
SERVICES)
RECOMMENDATION: Award the contract to Cannon Associates for a not to
exceed cost of $45,000 for Phase I of the Wastewater Treatment Alternatives
Analysis in the Chorro Valley.
A-3 RESOLUTION NO. 62-06 AUTHORIZING EXECUTION OF A GRANT
AGREEMENT WITH THE STATE COASTAL CONSERVANCY FOR
$130,000 TO SUPPORT SUSTAINABLE COMMERCIAL FISHING IN SAN
LUIS OBISPO COUNTY; (HARBOR)
RECOMMENDATION: Adopt Resolution No. 62-06.
® Councilmember Winholtz pulled Items A-2 and A-3 of the Consent Calendar.
M
® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — DECEMBER 11, 2006
MOTION: Councilmember Peirce moved the City Council approve Item A -I of the
Consent Calendar. The motion was seconded by Councilmember
Winholtz and carried unanimously. (5-0)
A-2 AWARD OF CONTRACT FOR THE WASTEWATER TREATMENT
ALTERNATIVES ANALYSIS IN THE CHORRO VALLEY; (PUBLIC
SERVICES)
Councilmember Winholtz requested staff clarification on the alternatives for wastewater
treatment discharge and the cost differential of these alternatives.
Wastewater Treatment Plant Manager Bruce Keogh responded both Phase I and Phase II
of the Boyle studies were reviewed, and those studies concentrated on the primary option
for reclaimed water use that would be direct discharge into Chorro Creek, and part of that
was limited to the ability to use some of the reclaimed water for crops based on the water
quality and constituents in the water. Mr. Keogh noted the consultant estimated a cost of
$7,500 to add the market study for irrigation.
® 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 RESOLUTION NO. 62-06 AUTHORIZING EXECUTION OF A GRANT
AGREEMENT WITH THE STATE COASTAL CONSERVANCY FOR
$130,000 TO SUPPORT SUSTAINABLE COMMERCIAL FISHING IN SAN
LUIS OBISPO COUNTY; (HARBOR)
Councilmember Winholtz asked how this agreement would be monitored, and how would
the funds be equitably distributed.
Harbor Director Rick Algert responded the purpose of this agreement is to attempt to
identify more environmentally preferred gear, and target the deepwater complex fisheries
that previously had major landings; and, prepare a marketing plan for sustainable fisheries.
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)
B. PUBLIC HEARINGS. REPORTS & APPEARANCES —NONE.
5
® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — DECEMBER 11. 2006
C. UNFINISHED BUSINESS
C-1 APPROVAL AND EXPENSE AUTHORIZATION OF PROPOSITION 40
GRANT FUNDS FOR DEL MAR PARK PLAY STRUCTURE
REPLACEMENT; (RECREATION & PARKS)
Assistant City Manager Andrea Lueker stated the funds staff recommended to use for the
playground renovation, Per Capita Grant Funds, are for general use and can be used for
parking lot repair as members of the City Council inquired at its October 23, 2006
meeting. However, while the parking lot is not in good condition, the play structure does
not meet current standards and is in need of replacement. The play structure has been
inspected by a National Playground Safety Institute Certified Playground Safety
Inspector and is deficient in a number of areas. Following the City Council meeting, staff
met with the City Engineer, conducted a site visit to the parking lot and obtained a quote
for parking lot repair work. Based on that meeting, staff proposes to increase the
allocation of Per Capita Funds from $90,000 to $110,000, which would include enough
funding to provide for approximately 30 tons of asphalt, slurry coating and restriping of
the parking lot in addition to the playground rehabilitation. Ms. Lueker recommended
the City Council authorize the use of up to $110,000 of Proposition 40 Per Capita funds
to replace the Del Mar Park wooden play structure and make repairs to the Ironwood
parking lot.
MOTION: Councilmember Grantham moved the City Council authorize the use of up
to $110,000 of Proposition 40 Per Capita funds to replace the Del Mar
Park wooden play structure and make repairs to the Ironwood parking lot.
The motion was seconded by Councilmember DeMeritt and carried
unanimously. (5-0)
D. NEW BUSINESS
D-1 INTERIM URGENCY ORDINANCE PROHIBITING THE ISSUANCE OF
LAND USE DEVELOPMENT ENTITLEMENTS OR LAND USE PERMITS
FOR PROJECTS FROM MAIN' STREET TO THE BAY AND FROM
BAYSHORE BLUFFS TO TIDELANDS PARK PENDING COMPLETION OF
STUDIES AND THE PREPARATION OF AN UPDATE TO THE CITY'S
ZONING ORDINANCE CODE AND/OR TO CREATE A SPECIFIC PLAN;
(CITY ATTORNEY)
City Attorney Robert Schultz stated the proposed building moratorium ordinance would
halt all new building construction and/or planning approvals within the City from Main
® Street to the Bay from Tidelands Park to Bayshore Bluffs for a 45-day period. This time
® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — DECEMBER 11, 2006
would be used by staff to determine the approximate costs for obtaining a planning
consultant to prepare a specific plan for this area and necessary environmental
documents, as well as identifying funding sources for the planning effort. Staff would
return with a proposed allocation of cost for consideration by the Council at their January
22, 2007 regularly scheduled meeting. At that time, Council would also consider
extending the moratorium to allow for the specific plan and environmental review
process. If enacted, such an Interim Urgency Moratorium ordinance would effectively
prohibit the grant of any project entitlements, including building permits, for projects
along the Bay from Tidelands Park to Bayshore Bluffs. Mr. Schultz recommended the
City Council review the proposed interim Urgency Ordinance, and direct staff
accordingly.
The City Council discussed the prospect of an interim urgency moratorium within the
City from Main Street to the Bay from Tidelands Park to Bayshore Bluffs, and decided
that an interim urgency moratorium is not necessary at this time; however, that this area
should be considered during the Goals Workshop in January 2007.
is No further action was taken on this item.
D-2 REVIEW TERMS OF CABLE TV FRANCHISE AGREEMENT;
(ADMINISTRATION)
City Manager Robert Hendrix stated at the October 23, 2006 City Council meeting, the
Council requested staff bring back an item with a review of the Cable Television
Franchise Agreement terms in light of some complaints to Council members from cable
subscribers about customer service and the new State franchise regulations to become
effective January 1, 2007. The primary purpose of the Digital Infrastructure and Video
Competition Act of 2006 (AB 2987) is to create a streamlined process for granting
franchises to providers of video service. Under the act, the State Public Utilities
Commission is granted sole authority to issue State franchises for video. Charter
Communications is required to continue to comply with provisions of the current cable
franchise agreement until they receive an approved State franchise. Mr. Hendrix
recommended the City Council receive this report and provide direction as to whether a
full scope compliance review of the current franchise agreement is required, or if a more
limited review of specific performance areas would suffice. It is also recommended that
the focus be limited at this time since fundamental changes to the franchise structure has
already been enacted into law and are currently underway.
VA
® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — DECEMBER 11, 2006
MOTION: Councilmember Winholtz moved the City Council direct staff to
communicate with Charter Communications that the City Council would
like a limited scope compliance review of the current franchise agreement
including all of the Morro Bay Municipal Code Sections relating to the
Cable Television Agreement. The motion was seconded by
Councilmember Peirce and carried unanimously. (5-0)
D-3 REVIEW OF MOBILE RENT CONTROL ORDINANCE REGARDING
CONVERSION AND RESIDENCY REQUIREMENTS; (CITY ATTORNEY)
City Attorney Robert Schultz stated Councilmember Winholtz requested the City Council
review the City's existing Zoning Code and State law provisions in regard to mobile
home park conversions. Mobile home parks provide a significant pool of affordable
housing in the City. At present there are 18 mobile home parks subject to rent control
within the City. These 18 parks contain some 350 mobile home spaces. Currently, in
almost all parks in Morro Bay, mobile home residents own or are purchasing their mobile
homes, and pay monthly rent for the land beneath. Annual rent increases for mobile
® home spaces that have a lease of 12 months or less are regulated under Morro Bay
Municipal Code Chapter 5.4. There is currently no owner -initiated conversion pending in
Morro Bay. However, existing parks will likely come under economic pressure to
convert to more profitable land uses or to subdivide into mobile home condominium lots.
No new mobile home parks have been developed and vacant spaces in the existing parks
are rare. Park residents who own their mobile homes could be displaced as a result of a
mobile home park conversion. They may be unable to find a spare in another park to
which they can move their home, or unable to afford the move even if a space were
available. A mobile home represents a significant personal investment, but that value
may be lost if the mobile home is removed from a desirable park. The City's policies aim
to protect the owners of mobile homes from unreasonable evictions and undue financial
hardship caused by mobile home park conversion. At the same time, the City must
recognize the rights of park owners to pursue changes in land use. In some instances,
allowing an older mobile home park to be converted to a new use would promote orderly
community development. Mr. Schultz recommended the City Council review the City's
existing Zoning Code and State law provisions in regard to mobile home park
conversions, and direct staff accordingly.
MOTION: Councilmember Winholtz moved the City Council form a sub -committee
consisting of two Councilmembers, two Planning Commissioners and two
mobile home park residents or owners to study the City's existing Zoning
Code and State law provisions in regard to mobile home park conversions,
and report back to the City Council within nine months. The motion was
® seconded by Councilmember DeMeritt and carried unanimously. (5-0)
E
® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — DECEMBER 11, 2006
The two Councilmembers to serve on this sub -committee will be Councilmember
Grantham and Councilmember Winholtz.
D4 DISCUSSION OF POLICY FOR CANCELLATION OF ADVISORY BOARD
MEETINGS; (CITY ATTORNEY)
City Attorney Robert Schultz stated at the October 23, 2006 Council meeting, the City
Council requested that staff review the City policies regarding how advisory board
meetings are cancelled. He noted all advisory board meetings will be conducted in strict
compliance with Robert's Rules of Order, City Council Policies and Procedures, and
State Law.
The City Council Policy and Procedures reads in part:
"..... Except in the case of an emergency, a regular meeting can only be
cancelled by an affirmative vote of the majority of the Council at a
previously noticed meeting. (1.1.2.1). Special meetings may be cancelled
only by consent of a majority of the members of the Council not less than
24 hours before the date of the special meeting. Notice of such
cancellation shall be given to all Council Members and written notice shall
be posted for the public not less than 24 hours before the meeting,
(1.4.1.1)."
The City Council received this report for information, and no action was taken on this
item.
D-5 APPROVE ADVERTISING SCHEDULE AND SET MEETING DATE FOR
THE PURPOSE OF INTERVIEWING CANDIDATES TO FILL VACANCIES
ON ADVISORY COMMITTEES; (ADMINISTRATION)
The City Council was requested to set a date and time to interview applicants for
vacancies on City Commission and Advisory Boards; and approve the advertising
schedule for the vacancies.
Council directed staff to schedule the interviews on Wednesday, January 24, 2007 at 6:00
p.m.; and they approved the advertising schedule as proposed by staff.
No further action was taken on this item.
11
1
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — DECEMBER 11, 2006
D-6 SELECTION OF VICE -MAYOR TO SERVE A ONE-YEAR TERM;
(ADMINISTRATION)
MOTION: Mayor Peters moved the City Council appoint Councilmember DeMeritt
to serve as Vice -Mayor for a one-year term. The motion was seconded by
Councilmember Peirce and carried unanimously. (5-0)
ADJOURNMENT
The meeting adjourned at 9:18 p.m.
Recorded by:
Bridgett Bauer
City Clerk
is
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.
SPECLAL MEETING — DECEMBER 6, 2006
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
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
is 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.
® 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 REGULAR CITY COUNCIL MEETING
OF NOVEMBER 13, 2006; (ADMINISTRATION)
A-2 RESOLUTION RECITING THE FACT OF THE GENERAL MUNICIPAL
ELECTION HELD ON NOVEMBER 7, 2006, AND DECLARING THE
RESULTS THEREOF
A-3 RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AGREEMENTS
WITH THE STATE BOARD OF EQUALIZATION FOR IMPLEMENTATION
OF A LOCAL TRANSACTIONS AND USE TAX
B. PUBLIC HEARINGS. REPORTS & APPEARANCES —NONE.
C. UNFINISHED BUSINESS —NONE.
D. NEW BUSINESS
D-I PRESENTATION TO COUNCILMEMBER BAXLEY
® D-2 OATH OF OFFICE TO JANICE PETERS, RICK GRANTHAM AND BETTY
WINHOLTZ
D-3 COMMENTS FROM CITY COUNCIL
��aL�Illi�l�i�
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
SPECIAL MEETING — DECEMBER 6, 2006
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
Bridgett Bauer
City Clerk
John DeRohan
Police Chief
Mike Pond
Fire Chief
Susan Slayton
Finance Director
ESTABLISH QUORUM AND CALL TO ORDER
MOMENT OF SILENCE
PLEDGE OF ALLEGIANCE
MAYOR'S REPORTS & ANNOUNCEMENTS
PUBLIC COMMENT
The following people thanked Councilmember Thad Baxley for his service to the City:
Cathy Novak, Keith Taylor, and Rodger Anderson.
Keith Taylor stated the Christmas Tree Lighting at City Park was a wonderful event.
Richard Marvitzman invited the community to the fist annual "Needs and Wishes"
fundraiser to benefit the Maxine Lewis Shelter.
Hank Roth announced the Caroling Cop Car event is scheduled for December 12". 13`h
and 14'h.
Candice Vittitow announced a fundraiser yard sale is scheduled for December 16'h in
efforts to raise money for the "Save the Park" organization.
Mayor Peters closed the hearing for public comment.
11
® MINUTES - MORRO BAY CITY COUNCIL
SPECIAL MEETING — DECEMBER 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 REGULAR CITY COUNCIL MEETING
OF NOVEMBER 13, 2006; (ADMINISTRATION)
A-2 RESOLUTION RECITING THE FACT OF THE GENERAL MUNICIPAL
ELECTION HELD ON NOVEMBER 7, 2006, AND DECLARING THE
RESULTS THEREOF; (ADMINISTRATION)
A-3 RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AGREEMENTS
WITH THE STATE BOARD OF EQUALIZATION FOR IMPLEMENTATION
OF A LOCAL TRANSACTIONS AND USE TAX; (ADMINISTRATION)
Councilmember Winholtz pulled Item A-1 of the Consent Calendar; Councilmember
DeMeritt pulled Item A-2.
is MOTION: Councilmember Baxley 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-1 APPROVAL OF MINUTES FOR THE REGULAR CITY COUNCIL MEETING
OF NOVEMBER 13, 2006; (ADMINISTRATION)
�'J
Councilmember Winholtz requested an amendment to her comments on page 11 of the
November 13, 2006 minutes, and requested the minutes return to Council for approval.
MOTION: Councilmember Winholtz moved the City Council continue approval of
the minutes for the regular City Council meeting of November 13, 2006.
The motion was seconded by Councilmember Peirce and carried
unanimously. (5-0)
A-2 RESOLUTION RECITING THE FACT OF THE GENERAL MUNICIPAL
ELECTION HELD ON NOVEMBER 7, 2006, AND DECLARING THE
RESULTS THEREOF; (ADMINISTRATION)
Councilmember DeMeritt requested clarification on the process related to Measure R.
2
MINUTES - MORRO BAY CITY COUNCIL
SPECIAL MEETING — DECEMBER 6, 2006
City Manager Robert Hendrix responded the City Attorney is reviewing the process of
both Measures R and S, and will report back to Council on the implementation of these
Measures.
MOTION: Councilmember DeMeritt moved the City Council approve Item A-2 of
the Consent Calendar. The motion was seconded by Councilmember
Winholtz and carried unanimously. (5-0)
B. PUBLIC HEARINGS. REPORTS & APPEARANCES — NONE.
C. UNFINISHED BUSINESS — NONE.
D. NEW BUSINESS
D-1 PRESENTATION TO COUNCILMEMBER BAXLEY
Mayor Peters and City Clerk Bridgett Bauer presented a plaque to Councilmember
Baxley commending him for his service on the City Council.
® D-2 OATH OF OFFICE TO JANICE PETERS, RICK GRANTHAM AND BETTY
WINHOLTZ
City Clerk Bridgett Bauer issued the Oath of Office and presented Certificates of Election
to Mayor Janice Peters, and Council Members Rick Grantham and Betty Winholtz.
D-3 COMMENTS FROM CITY COUNCIL
The City Council made brief comments on their election experience, and their
expectations of the coming years as City Council.
ADJOURNMENT
The meeting adjourned at 6:30 p.m.
Recorded by:ajo �R
fJ0..uR-r/
Bridgett Bauer
City Clerk
n
LJ
CI
0
Fq
City of Morro Bay
Morro Bay, CA 93442
(805) 772-6200
CITY OF MORRO BAY
CITY COUNCIL
NOTICE OF CANCELED MEETING
THE REGULAR CITY COUNCIL MEETING
SCHEDULED FOR
MONDAY, NOVEMBER 27, 2006
HAS BEEN CANCELED
The next regularly scheduled meeting will be held on
Monday, December 11, 2006, 6:00 p.m., Veterans Hall.
® FINANCE ADMINISTRATION
595 Harbor Street 595 Harbor Street
HARBOR DEPT.
1275 Embarcadero Road
CITY ATTORNEY
955 Shasta Avenue
FIRE DEPT.
715 Harbor Street
POLICE DEPT.
870 Morro Bay Boulevard
PUBLIC SERVICES
955 Shasta Avenue
RECREATION & PARKS
1001 Kennedy Way
® 0 City of Morro Bay
Morro Bay, CA 93442
loop" (805) 772-6200
NOTICE OF SPECIAL MEETING
NOTICE IS HEREBY GIVEN that the Morro Bay City Council will be
holding a Special Meeting on Wednesday, November 15, 2006 at 5:00 D.m. to
be held in the Community Center Multi Purpose Room located at 1001 Kennedy
Way, Morro Bay, California. The City Council will be discussing an Ordinance
Adopting Amendments to Title 16 of the Morro Bay Municipal Code Updating the
® Subdivision Regulations and Environmental Document.
DATED: November 8, 2006
Bridgett 14uer, City Clerk
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.
FINANCE ADMINISTRATION FIRE DEPARTMENT PUBLIC SERVICES
595 Harbor Street 595 Harbor Street 715 Harbor Street 590 Morro Bay Boulevard
HARBOR DEPARTMENT POLICE DEPARTMENT RECREATION & PARKS
1275 Embarcadero Road 870 Morro Bay Boulevard 1001 Kennedy Way
v 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 13, 2006
SPECIAL MEETING SESSION - 5:00 P.M.
VETERANS MEMORIAL HALL
209 SURF ST., MORRO BAY, CA
ESTABLISH QUORUM AND CALL TO ORDER
® PUBLIC COMMENT PERIOD - Members of the audience wishing to address the
Council on any item on the agenda may do so at this time.
A) CONSIDERATION OF THE CURRENT FIRE STATION PROJECT
CONCEPT AND DISCUSSION OF AN ALTERNATIVE PROJECT
THAT WOULD INCLUDE ALL ASPECTS OF THE REBUILD
PROJECT;
B) CONSIDERATION OF SAN LUIS OBISPO COUNCIL OF
GOVERNMENTS' PROGRAMMING OPTIONS FOR INCREASED
FISCAL YEAR 2006-2007 STATE TRANSIT ASSISTANCE FUNDS;
AND
C) DISCUSSION OF TOPICS FOR AND SCHEDULING OF A JOINT
MEETING WITH THE PLANNING COMMISSION.
0
® PUBLIC SESSION —NOVEMBER 13, 2006
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 APPROVAL OF MINUTES FOR THE OCTOBER 23, 2006 CITY COUNCIL
MEETING; (ADMINISTRATION)
RECOMMENDATION: Approve as submitted.
A-2 RESOLUTION NO. 57-06 EXECUTING MEMORANDUM OF
UNDERSTANDING WITH SERVICE EMPLOYEES INTERNATIONAL
UNION - MISCELLANEOUS GROUP; (ADMINISTRATION)
RECOMMENDATION: Adopt Resolution No. 57-06.
A-3 RESOLUTION EXECUTING MEMORANDUM OF UNDERSTANDING
WITH FIRE FIGHTERS ASSOCIATION - FIRE SAFETY GROUP;
(ADMINISTRATION)
RECOMMENDATION: This item has been pulled from the agenda.
A-4 RESOLUTION NO. 58-06 CONDITIONALLY GRANTING CONSENT TO
THE COUNTY OF SAN LUIS OBISPO TO FORM A SAN LUIS OBISPO
COUNTY BUSINESS IMPROVEMENT DISTRICT; (ADMINISTRATION)
RECOMMENDATION: Adopt Resolution No. 58-06.
® A-5 RESOLUTION NO. 54-06 AUTHORIZING SUBMISSION OF APPLICATION
TO THE RURAL TRANSIT FUND GRANT PROGRAM;
(ADMINISTRATION)
RECOMMENDATION: Adopt Resolution No. 54-06.
A-6 RESOLUTION NO. 55-06 APPROVING EXECUTION OF AN ESTOPPEL
AND LANDLORD'S CONSENT AGREEMENT ON LEASE STIES 71-
77/71 W-77W AT 601-699 EMBARCADERO - MARINA SQUARE
PARTNERSHIP;(HARBOR)
RECOMMENDATION: Adopt Resolution No. 55-06.
A-7 RESOLUTION NO. 56-06 APPROVING SUBLEASE ON LEASE SITE 86-
86W AT 801 EMBARCADERO - BURT CALDWELL; (HARBOR)
RECOMMENDATION: Adopt Resolution No. 56-06.
A-8 CONTRACT AWARD FOR ASPHALT CONCRETE OVERLAY OF SOUTH
BAY BOULEVARD; (PUBLIC SERVICES)
RECOMMENDATION: Award the project contract to Union Asphalt, Inc. in the
® amount of $129,612.
3
® A-9 CITY COUNCIL ANNUAL REGULAR MEETING SCHEDULE FOR 2007;
(ADMINISTRATION)
RECOMMENDATION: Adopt the proposed regular meeting schedule for
calendar year 2007.
A-10 CITY RESPONSE TO PORTIONS OF THE 2005/2006 SAN LUIS OBISPO
COUNTY GRAND JURY REPORT; (CITY ATTORNEY)
RECOMMENDATION: Approve the response of Chief DeRohan to the
questions and recommendations posed by the 2005/2006 San Luis Obispo
County Grand Jury Report as the response of the City Council.
B. PUBLIC HEARINGS. REPORTS & APPEARANCES
B-1 APPEALOFTHE PLANNING COMMISSION'S NO ACTION DECISION
FOR A VESTING TENTATIVE TRACT MAP, VARIANCE, CONDITIONAL
USE PERMIT AND COASTAL DEVELOPMENT PERMIT FOR PROPOSED
CLUSTER SUBDIVISION OF 17 RESIDENTIAL LOTS & ONE OPEN SPACE
LOT; (PUBLIC SERVICES)
® RECOMMENDATION: , Approve the appeal, adopt the Mitigated Negative
Declaration, and approve the project.
11
B-2 RESOLUTION NO. 59-06 ADOPTING INTERIM WASTEWATER FEE
INCREASES; (PUBLIC SERVICES)
RECOMMENDATION: Adopt Resolution No. 59-06. "
B-3 REQUEST FOR TENTATIVE TRACT MAP, VARIANCE, CONDITIONAL
USE PERMIT AND COASTAL DEVELOPMENT PERMIT FOR PROPOSED
6-LOT COMMUNITY HOUSING PROJECT ON THE WEST SIDE OF
SUNSET AVENUE, BETWEEN ATASCADERO ROAD AND HILL STREET;
(PUBLIC SERVICES)
RECOMMENDATION: Accept the recommendation of the Planning
Commission by adopting the Mitigated Negative Declaration and approve
the project.
11
® C. UNFINISHED BUSINESS
(THESE ITEMS ARE SCHEDULED FOR DISCUSSION AT A SPECIAL
MEETING SCHEDULED TO BEGIN AT 5:00 PM. EACH WILL BE
CONTINUED TO THE REGULAR MEETING ONLY IF NEEDED).
C-I FURTHER DISCUSSION OF CONSIDERATION OF THE CURRENT FIRE
STATION PROJECT CONCEPT AND DISCUSSION OF AN ALTERNATIVE
PROJECT THAT INCLUDES ALL ASPECTS OF THE REBUILD PROJECT -
IF REQUIRED; (PUBLIC SERVICES)
RECOMMENDATION: Discuss and direct staff accordingly.
C-2 FURTHER DISCUSSION OF CONSIDERATION OF SAN LUIS OBISPO
COUNCIL OF GOVERNMENTS' PROGRAMMING OPTIONS FOR INCREASED
FISCAL YEAR 2006-2007 STATE TRANSIT ASSISTANCE FUNDS - IF
REQUIRED; (PUBLIC SERVICES)
RECOMMENDATION: Communicate to San Luis Obispo Council of
Governments that the $1,743,883 increased amount of State Transit
Assistance funds to be received for fiscal year 2006/2007 should be allocated
immediately to the region according to the current distribution method.
® C-3 FURTHER DISCUSSION OF THE TOPICS FOR AND SCHEDULING OF A
JOINT MEETING WITH THE PLANNING COMMISSION - IF REQUIRED;
(ADMINISTRATION)
RECOMMENDATION: Wait until the new City Council and Planning
Commission have been sworn in before holding a joint meeting.
D. NEW BUSINESS —NONE.
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 Monday, November 13, 2006 at 5:00
p.m. to be held in the Veterans Memorial Building located at 209 Surf
Street, Morro Bay, California. The City Council will be discussing:
A) Consideration of the Current Fire Station Project Concept and
Discussion of an Alternative Project that would Include all Aspects
of the Rebuild Project;
B) Consideration of San Luis Obispo Council of Governments'
Programming Options for Increased Fiscal Year 2006-2007 State
Transit Assistance Funds; and
® C) Discussion of Topics for and Scheduling of a Joint Meeting with
the Planning Commission.
The Special .City Council Meeting will be adjourned to the Regular City
Council Meeting beginning at 6:00 p.m. and will be held in the Veterans'
Memorial Building located at 209 Surf Street, Morro Bay, California.
DATED: November 3, 2006
Bridgett Bluer, City Clerk
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
is MEETING.
MINUTES - MORRO BAY CITY COUNCIL
is VETERANS
MEETING — NOVEMBER 13, 2006
VETERANS MEMORIAL HALL - 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
Andrea Lueker
Assistant City Manager
Robert Schultz
City Attorney
Bridgett Bauer
City Clerk
Rick Algert
Harbor Director
Bruce Ambo
Public Services Director
Bill Boucher
Capital Projects Manager
Janeen Burlingame
Management Analyst
John DeRohan
Police Chief
Mike Pond
Fire Chief
Susan Slayton
Finance Director
® ESTABLISH QUORUM AND CALL TO ORDER
PUBLIC COMMENT PERIOD - Members of the audience wishing to address the
Council on any item on the agenda may do so at this time.
Keith Taylor urged the City Council to build the apparatus bay then obtain a cost analysis
for stage 2 of the Fire Department rebuild.
Betty Forsythe requested Council to look at what is best for the community when
discussing the Fire Station Project.
A) CONSIDERATION OF THE CURRENT FIRE STATION PROJECT
CONCEPT AND DISCUSSION OF AN ALTERNATIVE PROJECT THAT
WOULD INCLUDE ALL ASPECTS OF THE REBUILD PROJECT
Capital Projects Manager Bill Boucher stated with the Fire Department's occupation of
the recently -completed temporary administrative/]iving quarters building, the remaining
steps in the approved concept for the replacement of the Harbor Street Fire Station are the
construction of the replacement apparatus bay and the identification of funding and
pursuit of construction of the new administrative/living quarters at the 715 Harbor Street
site. The plans and specifications for the apparatus bay replacement were completed with
provisions for retention of use of the existing administrative/living quarters. With
® relocation of these functions to the 695 Harbor Street site, the plans now need to be
modified to reflect that change before they are advertised for bids. Staff has been in
MINUTES - MORRO BAY CITY COUNCIL
® SPECIAL MEETING — NOVEMBER 13, 2006
contact with the project architects to negotiate a contract amendment to make those
changes but that task has not been completed. Contemplated changes would include
elimination of the various utility and personnel connections between the new and old
structures on the property and demolition of the vacated structures. The initial consultant
cost estimate to make the changes seems high and we need to have further discussions
before we can make a recommendation in that regard. Mr. Boucher recommended the
City Council review the information provided by staff, and provide direction accordingly.
MOTION: Councilmember Peirce moved the City Council authorize staff to demolish
both the fire station and apparatus bay, and to begin construction of the
apparatus bay as soon as possible. The motion was seconded by
Councilmember DeMeritt and carried unanimously. (5-0)
MOTION: Mayor Peters moved the City Council direct staff to prepare design
concepts for replacement of the administrative portion of the fire station
for Council's review. Staff is not to engage consultants for this task. The
motion was seconded by Councilmember Peirce and carried with
Councilmember DeMeritt and Councilmember Winholtz voting no. (3-2)
B) CONSIDERATION OF SAN LUIS OBISPO COUNCIL OF
GOVERNMENTS' PROGRAMMING OPTIONS FOR INCREASED
FISCAL YEAR 2006-2007 STATE TRANSIT ASSISTANCE FUNDS
Management Analyst Janeen Burlingame stated in April 2006, the San Luis Obispo
Council of Governments (SLOCOG) Board approved the Transportation Development
Act allocations for fiscal year 2006/2007 which includes the State Transit Assistance
(STA) funds. The STA is derived from the statewide sales tax on gasoline and diesel fuel
and the apportionment approved by SLOCOG in April was based on funding estimates
from the State. In August 2006, the amount of STA funds to the region was updated after
the State budget was adopted in June. The new STA available to the region for fiscal
year 2006/2007 will increase by over $1.7 million due to higher fuel prices and the State
not taking STA funds to balance its budget. The STA is broken into revenue -based and
population -based funds for allocation. The revenue -based STA funds are directly
allocated to operators based on the percentage of transit revenues generated compared
with total transit revenues statewide. The population -based STA funds are disbursed
through the SLOCOG and include funds allocated to operators based on a population
percentage for the region and funds allocated for discretionary or special projects. Ms.
Burlingame stated the Public Works Advisory Board recommended the City Council
communicate to SLOCOG that the $1,743,883 increased amount of STA funds to be
received for fiscal year 2006/2007 should be allocated immediately to the region
according to the current distribution method.
2
MINUTES - MORRO BAY CITY COUNCIL
® SPECIAL MEETING — NOVEMBER 13, 2006
MOTION: Councilmember Baxley moved the City Council communicate to the San
Luis Obispo Council of Governments that the $1,743,883 increased
amount of State Transit Assistance funds to be received for fiscal year
2006/2007 should be allocated immediately to the region according to the
current distribution method. The motion was seconded by Councilmember
Peirce and carried unanimously. (5-0)
C) DISCUSSION OF TOPICS FOR AND SCHEDULING OF A JOINT
MEETING WITH THE PLANNING COMMISSION
Discussion on this item was continued to later in the evening under Item Number C-3.
Mayor Peters called for a break at 5:50 p.m.; the meeting resumed at 6:00 p.m.
11
r]
3
MINUTES - MORRO BAY CITY COUNCIL
® REGULAR MEETING — NOVEMBER 13, 2006
VETERANS MEMORIAL HALL - 6:00 P.M.
11
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
Janeen Burlingame
Frank Cunningham
John DeRohan
Mike Pond
Mike Prater
Susan Slayton
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
Management Analyst
City Engineer
Police Chief
Fire Chief
Senior Planner
Finance Director
Keith Taylor, Friends of Fire Department, presented a Certificate of Appreciation to Bob
Dixon for his valuable contributions to the City.
Jeff Odell thanked those who assisted in the campaign and those who supported him
through the election.
Ken Vesterfelt thanked those who assisted in making a good clean campaign season. He
also thanked those who supported Measure Q.
Gabriele Sunheart announced her business (Morro Bay.com), which promotes Morro
Bay, and stated she is looking for sponsorship funds.
2
MINUTES - MORRO BAY CITY COUNCIL
® REGULAR MEETING - NOVEMBER 13, 2006
Alex Beattie requested the community recognize and protect the wild turkeys that wander
through the state park and surrounding neighborhoods.
Ed Biaggini addressed Item A-4 (Resolution No. 58-06 Conditionally Granting Consent
to the County of San Luis Obispo to Form a San Luis Obispo County Business
Improvement District), and requested clarification on the condition in the resolution that
relates to future funding to the Visitors and Conference Bureau.
Garry Johnson, Morro Bay Beautiful, stated he is still finding aluminum cans that are
being thrown away in trashcans instead of a recycling bin. He thanked those who have
been planting flowerbeds on the Embarcadero, and thanked the Police Department for
enforcing a 0-tolerance in the downtown area.
Ernie Hull, founder of Morro Bay.com, stated the proposed Business Improvement
District would be good for promoting travel and tourism in the City.
John Barta thanked the citizens who voted in the past election. He also thanked those
who ran for office of the City Council and those who supported Measures R and S.
® Mayor Peters closed the hearing for public comment.
DECLARATION OF FUTURE AGENDA ITEMS
Councilmember DeMeritt requested to agendize a status report from the New Futures
Sub -Committee at the second meeting in January. She also requested to place on the
agenda the reconsideration of the Radcliffe and Main Street intersection safety issues;
Councilmember Winholtz and Mayor Peters concurred.
Councilmember Peirce requested to agendize a discussion on the need for a specific plan
in the area along the bay from Bayshore Bluffs to Tidelands Park, and placing an interim
moratorium on the area while the plan is being developed; Council consensus was to
place this item on the December agenda.
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 OCTOBER 23, 2006 CITY COUNCIL
MEETING; (ADMINISTRATION)
® RECOMMENDATION: Approve as submitted.
5
MINUTES - MORRO BAY CITY COUNCIL
® REGULAR MEETING — NOVEMBER 13, 2006
A-2 RESOLUTION NO. 57-06 EXECUTING MEMORANDUM OF
UNDERSTANDING WITH SERVICE EMPLOYEES INTERNATIONAL
UNION - MISCELLANEOUS GROUP; (ADMINISTRATION)
RECOMMENDATION: Adopt Resolution No. 57-06.
A-3 RESOLUTION EXECUTING MEMORANDUM OF UNDERSTANDING
WITH FIRE FIGHTERS ASSOCIATION - FIRE SAFETY GROUP;
(ADMINISTRATION)
RECOMMENDATION: This item has been pulled from the agenda.
A-4 RESOLUTION NO. 58-06 CONDITIONALLY GRANTING CONSENT TO
THE COUNTY OF SAN LUIS OBISPO TO FORM A SAN LUIS OBISPO
COUNTY BUSINESS IMPROVEMENT DISTRICT; (ADMINISTRATION)
RECOMMENDATION: Adopt Resolution No. 58-06.
A-5 RESOLUTION NO. 54-06 AUTHORIZING SUBMISSION OF APPLICATION
® TO THE RURAL TRANSIT FUND GRANT PROGRAM;
(ADMINISTRATION)
L-J
RECOMMENDATION: Adopt Resolution No. 54-06.
A-6 RESOLUTION NO. 55-06 APPROVING EXECUTION OF AN ESTOPPEL
AND LANDLORD'S CONSENT AGREEMENT ON LEASE STIES 71-
77/71 W-77W AT 601-699 EMBARCADERO - MARINA SQUARE
PARTNERSHIP;(HARBOR)
RECOMMENDATION: Adopt Resolution No. 55-06.
A-7 RESOLUTION NO. 56-06 APPROVING SUBLEASE ON LEASE SITE 86-
86W AT 801 EMBARCADERO - BURT CALDWELL; (HARBOR)
RECOMMENDATION: Adopt Resolution No. 56-06.
A-8 CONTRACT AWARD FOR ASPHALT CONCRETE OVERLAY OF SOUTH
BAY BOULEVARD; (PUBLIC SERVICES)
RECOMMENDATION: Award the project contract to Union Asphalt, Inc. in the
amount of $129,612.
2
MINUTES - MORRO BAY CITY COUNCIL
® REGULAR MEETING — NOVEMBER 13, 2006
A-9 CITY COUNCIL ANNUAL REGULAR MEETING SCHEDULE FOR 2007:
(ADMINISTRATION)
RECOMMENDATION: Adopt the proposed regular meeting schedule for
calendar year 2007.
A-10 CITY RESPONSE TO PORTIONS OF THE 2005/2006 SAN LUIS OBISPO
COUNTY GRAND JURY REPORT; (CITY ATTORNEY)
RECOMMENDATION: Approve the response of Chief DeRohan to the
questions and recommendations posed by the 2005/2006 San Luis Obispo
County Grand Jury Report as the response of the City Council.
Councilmember DeMeritt pulled Items A-2, A-8, A-9 and A-10 from the Consent Calendar;
and, Councilmember Winholtz pulled Items A-4, A-6 and A-7.
MOTION: Councilmember Peirce moved the City Council approve Items A-1 and A-
5 of the Consent Calendar. The motion was seconded by Councilmember
® Winholtz and carried unanimously. (5-0)
A-2 RESOLUTION NO. 57-06 EXECUTING MEMORANDUM OF
UNDERSTANDING WITH SERVICE EMPLOYEES INTERNATIONAL
UNION - MISCELLANEOUS GROUP; (ADMINISTRATION)
Councilmember DeMeritt pulled this item to clarify the costs involved, and made a
cautionary note that the City needs to be conservative.
MOTION: Councilmember DeMeritt 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-4 RESOLUTION NO. 58-06 CONDITIONALLY GRANTING CONSENT TO
THE COUNTY OF SAN LUIS OBISPO TO FORM A SAN LUIS OBISPO
COUNTY BUSINESS IMPROVEMENT DISTRICT; (ADMINISTRATION)
Councilmember Winholtz suggested four additional conditions be added to the Business
Improvement District agreement.
MOTION: Councilmember Winholtz moved the City Council approve Item A-4 of
the Consent Calendar as amended with the four conditions added by
Councilmember Winholtz. The motion was seconded by Councilmember
® Peirce and carried unanimously. (5-0)
7
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — NOVEMBER 13, 2006
A-6 RESOLUTION NO. 55-06 APPROVING EXECUTION OF AN ESTOPPEL
AND LANDLORD'S CONSENT AGREEMENT ON LEASE STIES 71-
77/7] W-77W AT 601-699 EMBARCADERO - MARINA SQUARE
PARTNERSHIP;(HARBOR)
Councilmember Winholtz asked if the owners are up to date with their parking in -lieu
fees.
City Attorney Robert Schultz responded in the affirmative.
MOTION: Councilmember Winholtz moved the City Council approve Item A-6 of
the Consent Calendar. The motion was seconded by Councilmember
DeMeritt and carried unanimously. (5-0)
A-7 RESOLUTION NO. 56-06 APPROVING SUBLEASE ON LEASE SITE 86-
86W AT 801 EMBARCADERO - BURT CALDWELL; (HARBOR)
Councilmember Winholtz stated she would be voting in opposition because the proposed
® live theater is not being considered for this site.
MOTION: Councilmember Baxley moved the City Council approve Item A-7 of the
Consent Calendar. The motion was seconded by Councilmember Peirce
and carried with Councilmember Winholtz voting no. (4-1)
11
A-8 CONTRACT AWARD FOR ASPHALT CONCRETE OVERLAY OF SOUTH
BAY BOULEVARD; (PUBLIC SERVICES)
Councilmember DeMeritt asked why this street was selected for asphalt overlay, and not
other streets in the City that need repair.
City Engineer Frank Cunningham responded this overlay repair was paid through
regional funding.
MOTION: Councilmember Peirce moved the City Council approve Item A-8 of the
Consent Calendar. The motion was seconded by Councilmember Baxley
and carried with Councilmember DeMeritt and Councilmember Winholtz
voting no. (3-2)
9
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — NOVEMBER 13, 2006
A-9 CITY COUNCIL ANNUAL REGULAR MEETING SCHEDULE FOR 2007;
(ADMINISTRATION)
MOTION: Councitmember Winholtz moved the City Council maintain the second
meeting in July and November each year.
The motion died for lack of a second.
MOTION: Councilmember DeMeritt moved the City Council approve Item A-9 of
the Consent Calendar. The motion was seconded by Councilmember
Peirce and carried with Councilmember Winholtz voting no. (4-1)
A-10 CITY RESPONSE TO PORTIONS OF THE 2005/2006 SAN LUIS OBISPO
COUNTY GRAND JURY REPORT; (CITY ATTORNEY)
Councilmember DeMeritt requested clarification on the timing of this item.
City Manager Robert Hendrix stated the Council's response was overlooked and it will
® be taken care of with the approval of this item.
MOTION: Councilmember DeMeritt moved the City Council approve Item A-10 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 APPEAL OF THE PLANNING COMMISSION'S NO ACTION DECISION
FOR A VESTING TENTATIVE TRACT MAP, VARIANCE, CONDITIONAL
USE PERMIT AND COASTAL DEVELOPMENT PERMIT FOR PROPOSED
CLUSTER SUBDIVISION OF 17 RESIDENTIAL LOTS & ONE OPEN SPACE
LOT; (PUBLIC SERVICES)
Senior Planner Mike Prater stated on August 21, 2006, the Planning Commission
considered the proposed application for a proposed cluster subdivision of 17 residential
lots and one open space lot at a regularly scheduled public hearing. After considering
public testimony, the Planning Commission voted 3-1-1, which did not give the project a
2/3 vote for approval, and therefore the decision is considered as no action taken. The
project would require City Council action regardless of the appeal nature because
creating five or more parcels under this type of design requires City Council action with
® majority approval. Mr. Prater recommended the City Council approve the appeal, adopt
the Mitigated Negative Declaration, and approve the project.
6
® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — NOVEMBER 13, 2006
Wayne Colmer, appellant/applicant, stated he has appealed the no action decision made
by the Planning Commission, and contends the project could be interpreted to qualify as
meeting the regulations for both cluster design and a community housing project. He
stated the City Council should evaluate the project under both criteria. If the Council
finds the project meets the criteria under one or the other or both then the project can be
approved. Mr. Colmer noted the objectives for a cluster design warrant a buffering of
open space from an area needing preservation, and a community housing project
objective is providing an open space area for the project residents' enjoyment.
Charlie Klaus, TPG Consulting Inc, stated the traffic study analyzed four intersections for
two time periods. In addition to evaluating the four study intersections for capacity,
queuing analysis was prepared for Quintana Road and South Bay Court, the main shared
entrance into the project site and Blue Heron Mobilehome Park. An existing collision
history was reviewed for the area along with a geometric evaluation for South Bay Court.
A project parking assessment was also prepared. Site -specific design issues have been
reviewed by the City Engineer and other staff relative to site distance clearance, driveway
width, intersections, and vertical and horizontal geometry of roadway profiles. The
® creation of a single ingress/egress point with the added trips generated is an acceptable
alternative.
Wally McCray reviewed the landscaping plan for this project. He stated the trees would
be planted in groups with shrubs and native grasses. Native and/or drought tolerant plant
and tree species shall be used to the maximum extent feasible. The landscape plans shall
include fencing details, utility meter screening, and screening of the trash enclosure.
Mayor Peters opened the hearing for public comment.
Ray McKelligott stated this project should not be considered until there is a traffic signal
installed at the intersection of Quintana Road and South Bay Boulevard. He said the
homeowners association of the Blue Heron Mobilehome Park has been communicating
with Wayne Colmer for several years regarding their concerns with his proposed project.
Jim Nance stated Mr. Colmer built a subdivision on Main Street, which turned out to be
very dense with large houses being built with little space between them. He also stated
this proposed project should require a full signal for both automotive and pedestrian
traffic. Mr. Nance stated the developer should pay for the infrastructure costs.
Garry Johnson addressed the need for affordable housing and noted this property should
be used for that use.
® Bill Davies addressed traffic controls with a bus stop and pedestrian crossing. He said
the plan for this project appears to be nice, however large for the site.
® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — NOVEMBER 13. 2006
Roger Ewing expressed opposition to this project because there is no public benefit. He
said there is no chance that a person on a limited budget could afford to purchase one of
these homes.
Mayor Peters closed the public comment hearing.
Councilmember Winholtz stated the 17 trees cut over the last two years were healthy and
housed various bird nests. She said the biology is not mitigated properly; the traffic and
transportation impacts have not been sufficiently addressed; the density of larger homes
on smaller lots is not honoring the R-2 zoning; and, the Zoning Ordinance should be
considered where density of a project is concerned.
Councilmember Baxley stated the Negative Declarations are appropriate. He suggested
a change to condition #5 to provide a 2-to-I ratio of trees.
Councilmember DeMeritt stated this is an opportunity and great location to provide
affordable housing in the City. She said this proposed project would create a bad fiscal
® impact for the City. Councilmember DeMeritt stated the lift stations should be upgraded
before more housing is built in this area. She also said she would like the open space to
be up on the hill and not by the street.
Councilmember Peirce stated it appears there is a sight distance problem with this
property. He said the Quintana Road and South Bay Boulevard intersection should
require a full traffic signal.
Mayor Peters stated she agrees with the Planning Commission conditions to add a
complete traffic signal. She also supports a 2-to-I ratio for trees.
MOTION: Mayor Peters moved the City Council approve the project with the
Planning Commission suggestions, with the addition of a 2-to-1 ratio for
tree replacement and credit for dead trees; and, when the project is
completed a full signal will be placed at the Quintana Road/South Bay
Boulevard intersection. The motion was seconded by Councilmember
Peirce.
Councilmember Winholtz requested an amendment be made to the landscape plan with a
requirement that there must be trees that would have height that is appropriate for raptors.
Mayor Peters amended her motion to include 20% of the trees planted shall provide
raptor habitat and will be planted according to the landscape architect's plan;
® Councilmember Peirce accepted the amendment to the motion.
MINUTES - MORRO BAY CITY COUNCIL
® REGULAR MEETING — NOVEMBER 13, 2006
VOTE: The motion carried with Councilmember DeMeritt and Councilmember
Winholtz voting no. (3-2)
Mayor Peters called for a break at 8:30 p.m.; the meeting resumed at 8:40 p.m.
B-2 RESOLUTION NO. 59-06 ADOPTING INTERIM WASTEWATER FEE
INCREASES; (PUBLIC SERVICES)
Capital Projects Manager Bill Boucher stated at the August 28, 2006 meeting, the City
Council conducted a public hearing and as a result adopted Resolution No. 39-06
establishing an interim 20% sewer rate increase for all user categories except for single
family residential and single family condominium. The City Council further adopted a
motion for staff to return with a resolution for those single family categories to
incorporate the previously -adopted $1.50 per month increase in January 2007 plus
quarterly 5% increases starting January 2007 to meet the overall 20% increase by fall
2007. Mr. Boucher recommended the City Council conduct a public hearing on this
matter and, as a result, determine that the revenue needs of the Wastewater Revenue Fund
warrant the established and proposed fee structures, and adopt Resolution No. 59-06
establishing user rates for residential wastewater services.
® Mayor Peters opened the hearing for public comment.
Jim Nance stated instead of charging for a minimum of 3 units of water, Council should
consider breaking the water use fee for using 1, 2 or 3 units of water. He said people who
use less water should receive a break.
Mayor Peters closed the public comment hearing.
MOTION: Councilmember DeMeritt moved the City Council adopt Resolution No.
59-06 establishing user rates for residential wastewater services. The
motion was seconded by Councilmember Peirce and carried unanimously.
(5-0)
B-3 REQUEST FOR TENTATIVE TRACT MAP, VARIANC, CONDITIONAL
USE PERMIT AND COASTAL DEVELOPMENT PERMIT FOR PROPOSED
6-LOT COMMUNITY HOUSING PROJECT ON THE WEST SIDE OF
SUNSET AVENUE, BETWEEN ATASCADERO ROAD AND HILL STREET;
(PUBLIC SERVICES)
Senior Planner Mike Prater stated on June 19, 2006, the Planning Commission considered
the proposed application for six residential parcels, one common guest parking parcel that
® allows for four guests parking stalls, and one useable open space parcel at least 3,000
square feet. After considering public testimony, the Commission voted 4-0-1 to
12
MINUTES - MORRO BAY CITY COUNCIL
® REGULAR MEETING — NOVEMBER 13, 2006
recommend to the City Council to grant approval of the application and tract map. On
August 14, 2006, the City Council considered the recommendation from the Planning
Commission regarding this proposal and denied the project due to concerns with open
space, particularly the backing up space and access easement for the neighboring
property that was proposed as part of the open space. Additional concerns were the lack
of guest parking spaces. The project was brought back to the Planning Commission on
October 2, 2006 to reconsider the project with its new direction and design where the
Planning Commission once again recommended approval. The Planning Commission's
conditions to extend the curb, gutter and sidewalk to connect to the former Shell Station
property, and record an easement agreement for access to the neighboring property to the
north that would dissolve if the neighboring site were further developed with more
intense uses are still being recommended. Mr. Prater recommended the City Council
accept the recommendations of the Planning Commission by adopting the Mitigated
Negative Declaration and approve the project.
Greg Ravatt, Project Architect, reviewed the proposed project with changes made since
Council's last review of this project. He also addressed the benefits of the common open
space.
is Cristi Fry, Project Civil Engineer, reviewed the easement and traffic concerns with this
project.
11
Mayor Peters opened the hearing for public comment.
Nora Pena Klenner stated this project should allow 3,000 square feet of common open
space, which it is 1,200 square feet less at this time. She said the applicant is still
proposing a project that does not meet zoning requirements.
Katie Klenner addressed the concerns of the impacts of this project and her property.
Roger Ewing stated he supports the property owner to the north who is opposed to this
project. He said this project is too large for the size of the property and should be denied
as presented.
Mayor Peters closed the public comment hearing.
Councilmember DeMeritt stated she likes the "green" aspect of this project. She said she
does not support the lack of side yard setback variances and the lack of open space area.
Councilmember DeMeritt stated the applicant might need to eliminate one of the units in
order for the plan to work on this site, and should follow the rules for community
housing.
13
E
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — NOVEMBER 13, 2006
Councilmember Peirce stated he likes the community housing aspect of this project. He
said he would prefer the units to be attached because the space between the units in the
proposed plan is too small.
Councilmember Winholtz stated she would support attaching the three units. She said the
parking appears to be sufficient as long as it is used for visitor parking and not residential
parking, which should be written into the CC&R's.
Councilmember Baxley stated he supports the Planning Commission's findings that
support this project. He said he supports site plan #3 because of the contiguous open
space and the six parking spaces that it provides.
Mayor Peters stated the exterior parking should be allowed for residential overflow
parking. She said perhaps if the three units were connected, it could allow for another
parking space.
MOTION: Councilmember Baxley moved the City Council accept the
recommendations of the Planning Commission by adopting the Mitigated
Negative Declaration, and approve site plan #3 of the project, with units 1,
2, and 3 to be expanded to provide five feet space in between each unit,
reducing the need for one variance, and leave enough space to provide five
full size parking spaces and one motorcycle parking space. The motion
was seconded by Councilmember Peirce and carried unanimously. (5-0)
C. UNFINISHED BUSINESS
(THESE ITEMS WERE SCHEDULED FOR DISCUSSION AT A SPECIAL
MEETING SCHEDULED TO BEGIN AT 5:00 PM. EACH WELL BE
CONTINUED TO THE REGULAR MEETING ONLY IF NEEDED).
C-1 FURTHER DISCUSSION OF CONSIDERATION OF THE CURRENT FIRE
STATION PROJECT CONCEPT AND DISCUSSION OF AN ALTERNATIVE
PROJECT THAT INCLUDES ALL ASPECTS OF THE REBUILD PROJECT -
IF REQUIRED; (PUBLIC SERVICES)
Action on this item was taken during the Special Meeting portion of these minutes on
page 2.
14
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — NOVEMBER 13, 2006
C-2 FURTHER DISCUSSION OF CONSIDERATION OF SAN LUIS OBISPO
COUNCIL OF GOVERNMENTS' PROGRAMMING OPTIONS FOR INCREASED
FISCAL YEAR 2006-2007 STATE TRANSIT ASSISTANCE FUNDS - IF
REQUIRED; (PUBLIC SERVICES)
Action on this item was taken during the Special Meeting portion of these minutes on
page 3.
C-3 FURTHER DISCUSSION OF THE TOPICS FOR AND SCHEDULING OF A
JOINT MEETING WITH THE PLANNING COMMISSION - IF REQUIRED;
(ADMINISTRATION)
City Attorney Robert Schultz stated staff recommends the City Council wait until the new
Council and Planning Commission have been sworn in before holding a joint meeting.
Councilmember Winholtz stated the municipal code states the City Council will hold joint
meetings with the Planning Commission twice annually, and she would like to have the
benefit of meeting with the present Planning Commission.
The remaining Council agreed to wait to meet with the Planning Commission until
January 2007.
D. NEW BUSINESS —NONE.
ADJOURNMENT
The meeting adjourned at 10:48 p.m.
Recorded by:
Bridgett Bauer
City Clerk
E
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 — OCTOBER 23, 2006
CLOSED SESSION — OCTOBER 23, 2006
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 two (2) public employees
regarding evaluation, specifically the. City Attorney and the City Manager.
IT IS NOTED THAT THE CONTENTS OF CLOSED SESSION MEETINGS
ARE CONFIDENTIAL AND EXEMPT FROM DISCLOSURE.
® PUBLIC SESSION — OCTOBER 23, 2006
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 Hiles 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 OCTOBER 9, 2006 CITY COUNCIL
® MEETING; (ADMINISTRATION)
RECOMMENDATION: Approve as submitted.
A-2 INVESTMENT REPORT FOR SEPTEMBER 2006; (FINANCE)
RECOMMENDATION: Receive report for information.
A-3 ORDINANCE NO. 521 ESTABLISHING POLICE TOWING SERVICE -
SECOND READING/ADOPTION; (POLICE)
RECOMMENDATION: Approve second reading and adoption of Ordinance No.
521 establishing Police Towing Service.
A-4 RESOLUTION NO. 51-06 APPROVING AMENDMENT #3 TO THE LEASE
FOR LEASE SITE 113 W LOCATED AT 1215 EMBARCADERO; (HARBOR)
RECOMMENDATION: Adopt Resolution No. 51-06.
A-5 RESOLUTION NO. 52-06 AUTHORIZING EXECUTION OF A $38,500
GRANT FROM THE MORRO BAY NATIONAL ESTUARY PROGRAM/BAY
® FOUNDATION FOR POLLUTION ABATEMENT EQUIPMENT; (HARBOR)
RECOMMENDATION: Adopt Resolution No. 52-06.
A-6 APPROVAL AND EXPENSE AUTHORIZATION OF PROPOSITION 40,
GRANT FUNDS NOT TO EXCEED $90,000, FOR DEL MAR PARK PLAY
STRUCTURE REPLACEMENT; (RECREATION & PARKS)
RECOMMENDATION: Authorize the use of up to $90,000 of Proposition 40 Per
Capita funds to replace the Del Mar Park wooden play structure.
B. PUBLIC HEARINGS, REPORTS & APPEARANCES
B-1 PROGRESS REPORT FROM VISITORS AND CONFERENCE BUREAU ON
FORMATION OF A BUSINESS IMPROVEMENT DISTRICT;
(ADMINISTRATION)
RECOMMENDATION: Receive presentation from the Visitors and Conference
Bureau on the formation of a Business Improvement District.
B-2 RESOLUTION NO. 50-06 APPROVING 2006-2007 COMMUNITY
DEVELOPMENT BLOCK GRANT PROGRAM, GENERAL ALLOCATION
APPLICATION TO FUND A ONE-YEAR $500,000 FIRE STATION 54
® REHABILITATION PROJECT; (PUBLIC SERVICES)
3
® RECOMMENDATION: Adopt Resolution No. 50-06.
B-3 SUBDIVISION ORDINANCE UPDATE; (PUBLIC SERVICES)
RECOMMENDATION: Open the public hearing; identify suggested changes;
and, continue the public hearing to a special workshop date to adopt the
Negative Declaration, proposed Subdivision Ordinance and final changes to
text amendments.
C. UNFINISHED BUSINESS —NONE.
D. NEW BUSINESS
D-I HARBOR LEASE MANAGEMENT POLICY AND MEMORANDUM
OUTLINING CURRENT ISSUES IN TIDELANDS LEASES; (HARBOR)
RECOMMENDATION: Review the Lease Management Policy and Lease
Summary Memorandum, and provide staff direction as desired.
D-2 RESOLUTION NO. 53-06 APPROVING REVISIONS TO THE HARBOR
RULES AND REGULATIONS TO REQUIRE VESSELS AT CITY
® FACILITIES TO BE SEAWORTHY AND OPERABLE
RECOMMENDATION: Adopt Resolution No. 53-06.
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.
2
® MINUTES - MORRO BAY CITY COUNCIL
CLOSED SESSION — OCTOBER 23, 2006
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 GOVERNMENT CODE SECTION 54957; PERSONNEL ISSUES.
Discussions regarding Personnel Issues including two (2) public employees
regarding evaluation, specifically the City Attorney and the City Manager.
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 23, 2006
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
Susan Slayton.
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
Richard Sadowski and Marla Bruton, Ocean Outfall Group, stated they attended the first
annual Drought and Human Health Conference in Nevada. They said the main issue of
the conference was the need of involving the Mechanical Engineering Society in
integrating the water issues with regard to watershed problems throughout the state as
well as countrywide.
Keith Taylor, Friends of the Fire Department, announced there would be an Open House
at the new temporary fire station on Saturday, October 28`h from 11:00 a.m. - 2:00 p.m.
Rick Grantham addressed his candidacy for City Council. He expressed the importance
of voting for one mayor and two council members, and yes on Measure Q.
11
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — OCTOBER 23, 2006
Peter Candela, Executive Director of the Chamber of Commerce, thanked volunteers for
coming out and assisting with the removal and replacement of tree lights on Morro Bay
Boulevard and Main Street. He noted there is a $25.00 sponsorship per lighted tree
payable to the Chamber of Commerce for reimbursement of the lights. Mr. Candela
stated the Lighted Boat Parade is scheduled for Saturday, December 2°d with the
participation of the Lady Washington.
Ilona Ing stated in order to preserve the right to make development decisions and enable
each city to keep its character and uniqueness, she urged voters to vote no on Measure J.
Richard Kransdorf expressed opposition to Measure J because the project does not fall
under the Environmental Quality Act and it will change the pace of growth in the county.
Jim Nance expressed opposition to Measure Q because it would not be right to give more
money to the City when it is having trouble with its current budget. He said the City
should charge developers higher fees to pay for the infrastructure.
Betty Forsythe expressed all the benefits of this City with its helping hands. She urged a
® yes vote on Measure Q.
Monique Nelson announced there would be an EPA hearing tomorrow evening to discuss
LS Power's request to discharge an additional 76 tons of particulate matter in the air
every year. She reviewed the negative health effects that could be caused by the PM-10's
discharged by the power plant.
David Nelson expressed concern with the amount of particulate matter that will be
discharged by the power plant, and the agreements the City has made with LS Power.
Colleen Johnson stated a study was conducted last year on the health of children who live
near power plants and those that did not. She said the results show that those children
who do live near power plants had a significant reduction in lung capacity and an
increase in breathing difficulties due to the emissions that are discharged from the power
plants. She requested those who are concerned with these statistics to attend the EPA
meeting.
Peter Risley expressed concern with the present state of finances of the City, and said until
the City has a Council that will spend more responsibly, he cannot support Measure Q.
John Barta read the policy statements for Measures R and S on the November ballot
u
c
® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — OCTOBER 23, 2006
Ed Biaggini announced the Public Services Director Bruce Ambo would be the guest
speaker at Thursday's business forum at Rose's Landing to discuss signage.
Jeff Odell thanked fellow candidates for the interactions at the forums that have been
issues -oriented and of high caliber. He urged voters to get out and vote on Tuesday,
November 7's.
Roger Ewing, member of the Public Works Advisory Board, stated he would like the City
Council to establish a policy as to why and how a commission/advisory board meeting
can be canceled.
Mayor Peters closed the hearing for public comment.
Mayor Peters called for a break at 7:00 p.m.; the meeting resumed at 7:10 p.m.
DECLARATION OF FUTURE AGENDA ITEMS
Councilmember Winholtz requested to agendize the review policies related to scheduling
® advisory committee meetings.
Councilmember Peirce requested to agendize the review of the contract with Cable
Television Franchise Agreement.
Mayor Peters requested to agendize City procedures related to written notice and record
keeping
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 OCTOBER 9, 2006 CITY COUNCIL
MEETING; (ADMINISTRATION)
RECOMMENDATION: Approve as submitted.
A-2 INVESTMENT REPORT FOR SEPTEMBER 2006; (FINANCE)
RECOMMENDATION: Receive report for information.
4
® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — OCTOBER 23, 2006
A-3 ORDINANCE NO. 521 ESTABLISHING POLICE TOWING SERVICE -
SECOND READING/ADOPTION; (POLICE)
RECOMMENDATION: Approve second reading and adoption of Ordinance No.
521 establishing Police Towing Service.
A4 RESOLUTION NO. 51-06 APPROVING AMENDMENT #3 TO THE LEASE
FOR LEASE SITE 113 W LOCATED AT 1215 EMBARCADERO; (HARBOR)
RECOMMENDATION: Adopt Resolution No. 51-06.
A-5 RESOLUTION NO. 52-06 AUTHORIZING EXECUTION OF A $38,500
GRANT FROM THE MORRO BAY NATIONAL ESTUARY PROGRAM/BAY
FOUNDATION FOR POLLUTION ABATEMENT EQUIPMENT; (HARBOR)
RECOMMENDATION: Adopt Resolution No. 52-06.
A-6 APPROVAL AND EXPENSE AUTHORIZATION OF PROPOSITION 40,
® GRANT FUNDS NOT TO EXCEED $90,000, FOR DEL MAR PARK PLAY
STRUCTURE REPLACEMENT; (RECREATION & PARKS)
RECOMMENDATION: Authorize the use of up to $90,000 of Proposition 40 Per
Capita funds to replace the Del Mar Park wooden play structure.
Councilmember Winholtz pulled Items A-3, A4 and A-6 of the Consent Calendar; Mayor
Peters pulled Item A-5.
MOTION: Councilmember Peirce moved the City Council approve Items A -I and A-
2 of the Consent Calendar. The motion was seconded by Councilmember
Winholtz and carried unanimously. (5-0)
A-3 ORDINANCE NO. 521 ESTABLISHING POLICE TOWING SERVICE -
SECOND READING/ADOPTION; (POLICE)
Councilmember Winholtz referred to Section 10.50.010 (Establishment Authority), and
requested the following amendment: The !`�.7�liee City Council is authorized and
directed to enter into and regulate police towing services contracted to private tow
companies.
5
® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — OCTOBER 23, 2006
MOTION: Councilmember Winholtz moved the City Council approve Item A-3 as
amended. The motion was seconded by Councilmember Peirce and
carried unanimously. (5-0) .
A4 RESOLUTION NO. 51-06 APPROVING AMENDMENT #3 TO THE LEASE
FOR LEASE SITE 113W LOCATED AT 1215 EMBARCADERO; (HARBOR)
Councilmember Winholtz stated extending the term of the existing lease agreement for
Lease Site 113 W to six years seems too long.
Harbor Director Rick Algert gave an update on this lease, and responded the leaseholders
have been making progress in providing a solid plan for the redevelopment of this lease
site.
MOTION: Councilmember Peirce moved the City Council approve Item A-4 of the
Consent Calendar. The motion was seconded by Councilmember Baxley
and carried unanimously. (5-0)
® A-5 RESOLUTION NO. 52-06 AUTHORIZING EXECUTION OF A $38,500
GRANT FROM THE MORRO BAY NATIONAL ESTUARY PROGRAM/BAY
FOUNDATION FOR POLLUTION ABATEMENT EQUIPMENT; (HARBOR)
E
Mayor Peters pulled this item to read a letter from Dan Berman of the National Estuary
Program 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. (5-0)
A-6 APPROVAL AND EXPENSE AUTHORIZATION OF PROPOSITION 40,
GRANT FUNDS NOT TO EXCEED $90,000, FOR DEL MAR PARK PLAY
STRUCTURE REPLACEMENT; (RECREATION & PARKS)
Councilmember Winholtz expressed concern with the proposed walkways at Del Mar Park,
and objects to having two walkways.
Assistant City Manager Andrea Lueker responded one walkway would be close to the
restrooms, and the other close to the south end of the playground.
0
® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — OCTOBER 23, 2006
Councilmember DeMeritt stated the parking lot needs repair more than replacing the wood
play structure. She also referred to the swings that are loose and need to be attended to
immediately for safety purposes.
MOTION: Councilmember Winboltz moved the City Council continue this item to
the November 13, 2006 City Council meeting with additional information
requested by Council. The motion was seconded by Councilmember
DeMeritt and carried with Councilmember Baxley and Councilmember
Peirce voting no. (3-2)
B. PUBLIC HEARINGS, REPORTS & APPEARANCES
B-I PROGRESS REPORT FROM VISITORS AND CONFERENCE BUREAU ON
FORMATION OF A BUSINESS IMPROVEMENT DISTRICT;
(ADMINISTRATION)
The City Council received a presentation from Jonni Biaggini of the Visitors and
® Conference Bureau on the formation of a Business Improvement District.
Mayor Peters opened the hearing for public comment.
Ed Biaggini, President of the Hotel/Motel Association, stated the Association Board
voted unanimously to support the Business Improvement District (BID). He said the BID
would cause more people to come to Morro Bay due to increased marketing at no cost to
the City.
Mayor Peters closed the public comment hearing.
Mayor Peters called for a break at 9:00 p.m.; the meeting resumed at 9:10 p.m.
MOTION: Mayor Peters moved the City Council direct staff to send a letter to all
hotel, motel and vacation rental owners advising them that action on this
item would be continued to the November 13, 2006 City Council meeting.
The motion was seconded by Councilmember Peirce and carried
unanimously. (5-0)
7
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — OCTOBER 23, 2006
B-2 RESOLUTION NO. 50-06 APPROVING 2006-2007 COMMUNITY
DEVELOPMENT BLOCK GRANT PROGRAM, GENERAL ALLOCATION
APPLICATION TO FUND A ONE-YEAR, $500,000 FIRE STATION 54
REHABILITATION PROJECT; (PUBLIC SERVICES)
Housing Programs Coordinator Joan Drake 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 fire
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 around 1970. Reserve and off duty full-time fire fighters respond from
home to staff apparatus at this facility. Bonita Street is located in a Targeted Income
Group area, making this station eligible for CDBG grant funding. 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 Rehabilitation Project. The City was awarded a
1-year, $500,000 grant. The contract has been awarded to rehabilitate the apparatus bay,
but additional funding is needed for the office/living quarters. Ms. Drake recommended
the City Council adopt Resolution No. 50-06 approving an application for funding in the
® amount of $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; there being no comment, Mayor
Peters closed the public comment hearing.
MOTION: Councilmember Peirce moved the City Council adopt Resolution No. 50-
06 approving an application for funding in the amount of $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 Baxley and carried unanimously. (5-0)
B-3 SUBDIVISION ORDINANCE UPDATE; (PUBLIC SERVICES)
Senior Planner Mike Prater stated in 2004 and 2005, Morro Bay updated its General
Plan/Local Coastal Plan and Zoning Ordinance for Coastal Commission certification.
The original Subdivision Ordinance was completed in 1966 with the last major
amendment in 1988. The revisions to the Subdivision Ordinance have been prompted by
amendments to the Subdivision Map Act, the update to the General PlanfLocal Coastal
Plan and Zoning Ordinance, and development activity in the City to achieve better
projects. The Subdivision Ordinance and the Zoning Ordinance are the means by which
the City controls the land use outlined in the General Plan/Local Coastal Plan. The
0
Subdivision Ordinance needs revisions and additions to be consistent with the Map Act
® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — OCTOBER 23, 2006
EJ
and goals of the updated General Plan/Local Coastal Plan. The Zoning Ordinance was
recently rewritten in 2005. Mr. Prater recommended the City Council review the
proposed changes made by the Planning Commission; continue the public hearing to a
special workshop to adopt the Negative Declaration, proposed Subdivision Ordinance
and final changes to text amendments.
Mayor Peters opened the hearing for public comment.
Karen Roza asked for clarification on the difference between a Planned Unit
Development (PUD) and a condominium. She also asked how to best communicate with
the City Council prior to decisions being made on the Subdivision Ordinance update.
Roger Ewing expressed concern with the decision of the Public Services Department to
remove the City Council from the initial decision -making on this issue. He is also
concerned with allowing planning decisions to be made to benefit the developer as
opposed to the community as a whole that would create the community to lose its
uniqueness, charm and individuality.
Mayor Peters closed the public comment hearing.
MOTION: Councilmember Baxley moved the City Council continue discussion on
the Subdivision Ordinance update to after the Consent Calendar
discussion. The motion was seconded by Councilmember Winholtz and
carried unanimously. (5-0)
The City Council reviewed and discussed the various chapters of the proposed
Subdivision Ordinance.
MOTION: Councilmember DeMeritt moved the City Council assure that final
approval for tract maps be left with the City Council in the subdivision
regulations. The motion was seconded by Councilmember Winholtz and
carried with Councilmember Baxley and Councilmember Peirce voting
no. (3-2)
Consensus of the City Council was in approval of all of the amendments made to the
Subdivision Ordinance at this meeting.
E
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — OCTOBER 23, 2006
MOTION: Councilmember Peirce moved the City Council continue discussion on the
Subdivision Ordinance to a special meeting scheduled on November 15,
2006 at 5:00 p.m. The motion was seconded by Councilmember Winholtz
and carried unanimously. (5-0)
C. UNFINISHED BUSINESS —NONE.
D. NEW BUSINESS
D-1 HARBOR LEASE MANAGEMENT POLICY AND MEMORANDUM
OUTLINING CURRENT ISSUES IN TIDELANDS LEASES; (HARBOR)
Harbor Director Rick Algert stated over the years, the City has changed its leasing
practices and policies to better protect the public interest by adopting modem lease
formats and standards for fair market rent and periodic rental adjustments. There has
been some resistance on the part of existing tenants to changes in the City's leasing
practices, and many issues regarding granted land use and City policy have been difficult
to make clear to the general public because of the complexity. In 1985, the City created
the Harbor Department to focus property management efforts in the Tidelands and to
assure the State that tidelands revenues were properly accounted for. The Harbor
Department is operated through a City enterprise fund known as the Harbor Fund. All
harbor services are funded with either users fees or property management income. The
aggressive modernization of the City's property management practices over the last 15
years have allowed the Harbor Department to expand services to the boating public and
improve existing harbor/park facilities. Mr. Algert recommended the City Council
review the Lease Management Policy and Lease Summary memorandum, and direct staff
accordingly.
The City Council received this as an informational item, and no action was taken.
D-2 RESOLUTION NO, 53-06 APPROVING REVISIONS TO THE HARBOR
RULES AND REGULATIONS TO REQUIRE VESSELS AT CITY
FACILITIES TO BE SEAWORTHY AND OPERABLE
Harbor Director Rick Algert stated the Morro Bay Municipal Code authorizes Harbor
Rules and Regulations to be set by resolution of the City Council. This agenda item will
update the existing Harbor Rules and Regulations in a number of relatively small areas,
and add a major new area of requirements for vessels at City -managed facilities to be
seaworthy and operable. The recommended seaworthiness and operability requirements
came out of discussion at the Harbor Advisory Board meetings in August, September and
® October 2006 on how to take additional precautionary actions to prevent future derelict
10
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — OCTOBER 23, 2006
vessels and associated pollution incidents in Morro Bay harbor. Mr. Algert recommended
the City Council adopt Resolution No. 53-06 to amend the Harbor Rules and Regulations
per authority in Morro Bay Municipal Code Sections 15.16.050 and 15.28.010 as
recommended by the Harbor Advisory Board.
MOTION: Councilmember Baxley moved the City Council adopt Resolution No. 53-
06 to amend the Harbor Rules and Regulations per authority in Morro Bay
Municipal Code Sections 15.16.050 and 15.28.010 as recommended by
the Harbor Advisory Board. The motion was seconded by Councilmember
Peirce and carried unanimously. (5-0)
ADJOURNMENT
The meeting adjourned at 10:25 p.m
Recorded by:
J e Boucher
Deputy 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 — OCTOBER 9, 2006
CLOSED SESSION — OCTOBER 9, 2006
CITY HALL CONFERENCE ROOM - 5:00 P.M.
595 HARBOR ST., MORRO BAY, CA
CS-1 GOVERNMENT CODE SECTION 54956.9(b): CONFERENCE WITH
LEGAL COUNSEL DUE TO ANTICIPATED LITIGATION.
Significant exposure to litigation pursuant to Subdivision (b) of Section 54956.9
as to two (2) matters:
• JIM ]KROLL vs. CITY OF MORRO BAY
• NRDC vs. CITY OF MORRO BAY
IT IS NOTED THAT THE CONTENTS OF CLOSED SESSION MEETINGS
40
ARE CONFIDENTIAL AND EXEMPT FROM DISCLOSURE.
® PUBLIC SESSION — OCTOBER 9, 2006
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 APPROVAL OF MINUTES FOR THE SEPTEMBER 25, 2006 CITY COUNCIL
® MEETING; (ADMINISTRATION)
RECOMMENDATION: Approve as submitted.
A-2 APPROVAL OF AGREEMENT FOR TOW SERVICE; (POLICE)
RECOMMENDATION: Approve the tow service agreement with Chuck's
Towing.
A-3 RESOLUTION NO. 49-06 RESTRICTING ON -STREET PARKING AND
RESTORING OF ON -STREET PARKING ALONG HARBOR STREET TO
FACILITATE TEMPORARY FIRE DEPARTMENT RELOCATION; (PUBLIC
SERVICES)
RECOMMENDATION: Adopt Resolution No. 49-06.
B. PUBLIC HEARINGS, REPORTS & APPEARANCES
B-I REQUEST FOR TENTATIVE TRACT MAP, VARIANCE, CONDITIONAL
USE PERMIT AND COASTAL DEVELOPMENT PERMIT FOR PROPOSED
18-LOT BLACK HILL VILLAS RESIDENTIAL SUBDIVISION - TRACT
® 2739; (PUBLIC SERVICES)
RECOMMENDATION: Accept the recommendation of the Planning
Commission by adopting the Mitigated Negative. Declaration and approve
the project.
B-2 ORDINANCE NO. 521 ESTABLISHING POLICE TOWING SERVICE -
FIRST READING AND INTRODUCTION; (POLICE)
RECOMMENDATION: Approve first reading and introduction of Ordinance
No. 521.
C. UNFINISHED BUSINESS
C-1 COMPLETION OF ACQUISITION OF TEMPORARY QUARTERS FOR
HARBOR STREET FIRE STATION AND CESSATION OF EMERGENCY
CONDITIONS REGARDING THE CONDITION OF THE MORRO BAY FIRE
STATION; (PUBLIC SERVICES)
RECOMMENDATION: Accept the building acquisition portion of the overall
departmental relocation as complete; authorize the filing of a Notice of
Completion for that work; authorize the expenditure of remaining fund for
the project for departmental moving expenses and review the actions and
® determine there is no longer the need to continue the emergency declaration.
ki
® C-2 CONTRACT AWARD FOR BONITA STREET FIRE STATION APPARATUS
BAY DESIGN/BUILD PROJECT; (PUBLIC SERVICES)
RECOMMENDATION: Award project to Diani Building Corporation, Santa
Maria, and authorize staff to negotiate the terms and conditions of the
contract subject to our standard contract form and approval of the City
Attorney.
D. NEW BUSINESS
D-I DISCUSSION ON SB 1818 LIST OF REQUIRED DEVELOPMENT
CONCESSIONS; (PUBLIC SERVICES)
RECOMMENDATION: Review report and wait until the zoning code update
comes back from the Coastal Commission before any further changes are
made to the zoning code in regard to SB 1818.
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.
M
® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — OCTOBER 9, 2006
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
William Boucher
Frank Cunningham
John DeRohan
Mike Pond
® Mike Prater
Susan Slayton
ESTABLISH QUORUM AND CALL TO ORDER
MOMENT OF SILENCE
PLEDGE OF ALLEGIANCE
Councilmember
Councilmember
Councilmember
Councilmember
City Manager
Assistant City Manager
City Attorney
City Clerk
Harbor Director
Public Services Director
Capital Projects Manager
City Engineer
Police Chief
Fire Chief
Senior Planner
Finance Director
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 Measure Q — the Sales Tax Initiative: Keith
Taylor, Gary Ream, Betty Forsythe, Ray McKelligott, Bill Davies, Rick Grantham and
Jeff Odell.
Keith Taylor announced an open house and barbeque would be held on Saturday October
28, 2006 to celebrate Firemen's Week.
Gary Ream thanked those citizens who are candidates running for Mayor or City Council
at the upcomingelection for their willingness to serve and support the City; and, for those
who support Measure Q.
® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — OCTOBER 9, 2006
Graham Paske announced the Alisa Ann Ruch Bum Relay would take place this
Thursday, October 12'h at Del Mar Elementary School.
Betty Forsythe described all of the wonderful things that are being done in the City with
Helping Hands in Morro Bay.
Ray McKelligott addressed Proposition 90 and urged citizens to vote no on this
Proposition.
Bill Davies also urged a no vote on Proposition 90.
Tom Laurie stated there was misinformation in his letter to the editor in a previous
edition of the Bay News. He said his argument still stands that the ratio of tax dollars
spent on police and fire services versus street repairs will not change with the sales tax
increase, and he will not support Measure Q.
John Barta expressed support for Measure S, which will allow all good candidates to run
® in a primary election.
Roger Ewing announced a candidates' forum for Morro Bay candidates would be held on
Sunday, October 15a'. He expressed opposition to Measure S.
C�
Mayor Peters closed the hearing for public comment.
DECLARATION OF FUTURE AGENDA ITEMS
Councilmember Winholtz requested to agendize a public hearing on unmet needs from
San Luis Obispo Council of Governments; Councilmember DeMeritt 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 -I APPROVAL OF MINUTES FOR THE SEPTEMBER 25, 2006 CITY COUNCIL
MEETING; (ADMINISTRATION)
RECOMMENDATION: Approve as submitted.
3
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — OCTOBER 9, 2006
A-2 APPROVAL OF AGREEMENT FOR TOW SERVICE; (POLICE)
RECOMMENDATION: Approve the tow service agreement with Chuck's
Towing.
A-3 RESOLUTION NO. 49-06 RESTRICTING ON -STREET PARKING AND
RESTORING OF ON -STREET PARKING ALONG HARBOR STREET TO
FACILITATE TEMPORARY FIRE DEPARTMENT RELOCATION; (PUBLIC
SERVICES)
RECOMMENDATION: Adopt Resolution No. 49-06.
Councilmember Winholtz pulled Item A-2 from the Consent Calendar, Mayor Peters pulled
Item A-3.
MOTION: Councilmember Peirce moved the City Council approve Item A-1 of the
Consent Calendar. The motion was seconded by Councilmember
® Winholtz and carried unanimously. (5-0)
A-2 APPROVAL OF AGREEMENT FOR TOW SERVICE; (POLICE)
Councilmember Winholtz requested an amendment on page 9 of the agreement, Section
17 to read:...... All such amendments and modifications are subject to approval by the
City Council."
MOTION: Councilmember Winholtz moved the City Council approve Item A-2 of
the Consent Calendar as amended. The motion was seconded by
Councilmember Peirce and carried unanimously. (5-0)
A-3 RESOLUTION NO. 49-06 RESTRICTING ON -STREET PARKING AND
RESTORING OF ON -STREET PARKING ALONG HARBOR STREET TO
FACILITATE TEMPORARY FIRE DEPARTMENT RELOCATION; (PUBLIC
SERVICES)
Mayor Peters addressed this item for public information
MOTION: Mayor Peters moved the City Council approve Item A-3 of the Consent
Calendar. The motion was seconded by Councilmember Winholtz and
carried unanimously. (5-0)
® Mayor Peters called for a break at 7:00 p.m.; the meeting resumed at 7:10 p.m.
n
® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — OCTOBER 9, 2006
B. PUBLIC HEARINGS, REPORTS & APPEARANCES
B-I REQUEST FOR TENTATIVE TRACT MAP, VARIANCE, CONDITIONAL
USE PERMIT AND COASTAL DEVELOPMENT PERMIT FOR PROPOSED
18-LOT BLACK HILL VILLAS RESIDENTIAL SUBDIVISION - TRACT
2739; (PUBLIC SERVICES)
This item was continued to the November 13, 2006 City Council meeting.
B-2 ORDINANCE NO. 521 ESTABLISHING POLICE TOWING SERVICE
FIRST READING AND INTRODUCTION; (POLICE)
Police Chief John DeRohan stated the City is in need of an ordinance regulating police
towing services and establishing procedures for application, compensation, rates and fees,
and requirements of the contract towing services. This proposed ordinance would bring
the City consistent with other local cities towing ordinances; cause our local tow
companies to stay within California Highway Patrol regulated rates, requires the local
tow companies to tow abandoned vehicles at no charge to the City, requires the contract
® tow companies to abide by all regulations of the California Vehicle Code, and requires
the contract tow companies to meet all current city requirements regarding insurance and
city indemnification. Chief DeRohan recommended the City Council approve the first
reading and introduction of Ordinance No. 521 establishing police towing service.
Mayor Peters opened the hearing for public comment; there being no comments, Mayor
Peters closed the public comment hearing.
MOTION: Councilmember Winholtz moved the City Council approve the first
reading and introduction of Ordinance No. 521 establishing police towing
service by number and title only. The motion was seconded by
Councilmember Baxley and carried unanimously. (5-0)
City Manager Robert Hendrix read Ordinance No. 521 by number and title only.
C. UNFINISHED BUSINESS
C-1 COMPLETION OF ACQUISITION OF TEMPORARY QUARTERS FOR
HARBOR STREET FIRE STATION AND CESSATION OF EMERGENCY
CONDITIONS REGARDING THE CONDITION OF THE MORRO BAY FIRE
STATION; (PUBLIC SERVICES)
13
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — OCTOBER 9, 2006
Capital Projects Manager William Boucher stated at the September 25, 2006 meeting, the
City Council received a report on this matter and determined it necessary to continue the
emergency declaration. Since the last review, the gas meter has been installed, gas stove
and heater found functional and approved, and most vendor punch list items completed.
Completion of the remaining punch list items is assured via the retention of 10"/0 of the
total vendor contract amount. Cable and network service has not been provided as of this
date, and the City's franchise administrator has asked the City Attorney to assist. The
franchise holder contends that the installations are not part of the scope of services they
are to provide to City facilities at no cost and our understanding of the franchise
agreement is to the contrary. The City -performed tasks have been completed with the
exception of installation of one piece of ADA-compliant ramp transition trim for the front
door that arrived late last week. With the completion of the acquisition portion of the
overall effort, there is other work outside the scope of the Public Contract Code that
needs to be completed. These tasks are under the threshold for competitive bidding
processes and the continuation of an emergency declaration is not needed. Mr. Boucher
recommended the City Council accept the building acquisition portion of the overall
departmental relocation as complete; authorize the filing of a Notice of Completion for
that work; authorize the expenditure of remaining fund for the project for departmental
® moving expenses and review the actions and determine there is no longer the need to
continue the emergency declaration.
MOTION: Councilmember Peirce moved the City Council accept the building
acquisition portion of the overall departmental relocation as complete;
authorize the filing of a Notice of Completion for that work; authorize the
expenditure of remaining fund for the project for departmental moving
expenses and review the actions and determine there is no longer the need
to continue the emergency declaration. The motion was seconded by
Councilmember Baxley and carried unanimously. (5-0)
C-2 CONTRACT AWARD FOR BONITA STREET FIRE STATION APPARATUS
BAY DESIGNBUILD PROJECT; (PUBLIC SERVICES)
Capital Projects Manager William Boucher stated the apparatus bay at the City's Bonita
Street Fire Station is not structurally adequate to withstand a significant earthquake and
therefore is not suitable for the storage of emergency equipment needed during such a
situation. The City Council authorized seeking a CDBG grant to replace the facility.
Requests for Proposals (RFP) to design and build a replacement were publicly advertised,
all prospective bidders performed a pre -proposal site inspection and proposals were due
on August 1, 2006. Two proposals were received to perform the work. As the CDBG
program is funded by Federal monies, the RFP process and the proposal submittals were
® required to meet pertinent Federal criteria Only one of the proposals, from the Diani
T
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — OCTOBER 9, 2006
Building Corporation of Santa Maria, met the criteria and the other was therefore
excluded from further consideration. Mr. Boucher recommended the City Council award
the project to Diani Building Corporation, Santa Maria, and authorize staff to negotiate
the terms and conditions of the contract subject to our standard contract form and
approval of the City Attorney.
MOTION: Councilmember Baxley moved the City Council award the project to
Diani Building Corporation, Santa Maria, and authorizes staff to negotiate
the terms and conditions of the contract subject to our standard contract
form and approval of the City Attorney. The motion was seconded by
Councilmember Peirce and carried unanimously. (5-0)
D. NEW BUSINESS
D-1 DISCUSSION ON SB 1818 LIST OF REQUIRED DEVELOPMENT
CONCESSIONS; (CITY ATTORNEY)
City Attorney Robert Schultz stated California State Government Code Section 65915,
also known as SB 1818, mandates a local program to provide density bonuses, incentives
and concessions, waivers, and uniform parking standards for development projects that
meet certain requirements concerning the inclusion of very low-, low-, moderate -income
housing units, or senior housing units. The City amended its zoning code during the
2005 update specifying how compliance with Government Code 65915 is implemented in
the City of Morro Bay. Government Code Section 65915 provides the following projects
are entitled to a density bonus and also from one to three concessions or incentives
related to standards: projects that include at least ten percent of the units for lower
income households or five percent of the units for very low-income households; projects
that include ten percent of the units for moderate -income households in a condominium
project or planned development as defined by state law; or senior projects. The
percentage of units to be added as a density bonus, from five to 35 percent, depends on
the income level to which the units are affordable and the percentage of units that are
affordable. During last year's zoning update, staff made changes to our code to comply
with Government Code Section 65915. Mr. Schultz recommended the City Council
review the report and wait until the zoning code update comes back from the Coastal
Commission before any further changes are made to the zoning code in regard to SB
1818.
`]
® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — OCTOBER 9, 2006
The City Council discussed the process of developing a local program to provide density
bonuses, incentives and concessions, waivers, and uniform parking standards for
development projects that meet certain requirements concerning the inclusion of very
low-, low-, moderate -income housing units, or senior housing units mandated by
SB1818. Council consensus was to postpone action on this issue until a joint meeting is
scheduled between Council and the Planning Commission.
No further action was taken on this item.
ADJOURNMENT
The meeting adjourned at 8:03 p.m.
Recorded by:
.tee
Bridgett Bauer
City Clerk
U
9
® 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 — SEPTEMBER 25, 2006
CLOSED SESSION — SEPTEMBER 25, 2006
CITY HALL CONFERENCE ROOM - 5:00 P.M.
595 HARBOR ST., MORRO BAY, CA
® CS-1 GOVERNMENT CODE SECTION 54956.9(b); CONFERENCE WITH
LEGAL COUNSEL DUE TO ANTICIPATED LITIGATION.
Significant exposure to litigation pursuant to Subdivision (b) of Section 54956.9
as to one matter:
• JIM KROLL vs. CITY OF MORRO BAY
IT IS NOTED THAT THE CONTENTS OF CLOSED SESSION MEETINGS
® ARE CONFIDENTL4,L AND EXEMPT FROM DISCLOSURE.
PUBLIC SESSION — SEPTEMBER 25, 2006
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
11
u
0
A-1 APPROVAL OF MINUTES FOR THE SEPTEMBER 11, 2006 CITY COUNCIL
MEETING; (ADMINISTRATION)
RECOMMENDATION: Approve as submitted.
A-2 INVESTMENT REPORT AS OF AUGUST 31, 2006; (FINANCE)
RECOMMENDATION: Receive report for information.
A-3 RESOLUTION NO. 44-06 AMENDING CALIFORNIA PUBLIC EMPLOYEES'
RETIREMENT SYSTEM (CALPERS) CONTRACT TO ALLOW PRETAX
PURCHASE OF SERVICE CREDIT; (FINANCE)
RECOMMENDATION: Adopt Resolution No. 44-06.
A4 ORDINANCE NO. 520 ADDING SECTIONS 547 TO THE MORRO BAY
MUNICIPAL CODE REGULATING SHORT-TERM VACATION RENTALS -
SECOND READING/ADOPTION; (CITY ATTORNEY)
RECOMMENDATION: Approve second reading and adoption of Ordinance No.
520.
A-5 RESOLUTION NO. 47-06 AMENDING THE CITY'S CONFLICT OF
INTEREST CODE; (CITY ATTORNEY)
RECOMMENDATION: Adopt Resolution No. 47-06.
A-6 APPROVAL OF REVISED JOB DESCRIPTIONS FOR THE MAINTENANCE
III WORKER IN COLLECTIONS, WATER AND COLLECTIONS
SUPERVISORS, AND THE CAPITAL PROJECTS ENGINEER
RECOMMENDATION: Approve the final versions of the job descriptions.
A-7 CONTRACT AWARD FOR THE BONITA STATION DESIGNBUILD
REHABILITATION; (PUBLIC SERVICES)
RECOMMENDATION: This item has been pulled from the agenda.
A-8 WATER FUND CAPITAL PROJECT ALLOCATIONS; (PUBLIC SERVICES)
RECOMMENDATION: Allocate $170,205 to an existing Capital Improvement
Project (CIP) for the Water System SCADA replacement and $70,000 to a
new CIP for an additional water storage tank at the Nutmeg Tank site.
3
® A-9 CONTINUANCE OF EMERGENCY CONDITIONS REGARDING THE
CONDITION OF THE MORRO BAY FIRE STATION; (PUBLIC SERVICES)
RECOMMENDATION: Review the actions and determine, by at least 4/5 vote,
that there is the need to continue the emergency declaration.
A-10 RESOLUTION NO. 48-06 APPROVING PARTICIPATION IN THE
STATEWIDE COMMUNITY INFRASTRUCTURE PROGRAM; (PUBLIC
SERVICES)
RECOMMENDATION: Adopt Resolution No. 48-06.
B. PUBLIC HEARINGS, REPORTS& APPEARANCES
B-1 APPEALS REGARDING THE ISSUANCE OF A COASTAL DEVELOPMENT
PERMIT FOR THE SEWER IMPROVEMENT PROJECT AT MORRO BAY
STATE PARK, AND CONDITION OF APPROVAL #11 RELATED TO THE
AFOREMENTIONED PERMIT; (PUBLIC SERVICES)
RECOMMENDATION: Deny the appeals and uphold the decision of the
Planning Commission.
® B-2 RESOLUTION NO. 45-06 ADOPTING THE UPDATED SAFETY ELEMENT
OF THE GENERAL PLAN/LOCAL COASTAL PLAN; AND, RESOLUTION
NO. 46-06 ADOPTING A NEWLY DEVELOPED LOCAL HAZARD
MITIGATION PLAN; (PUBLIC SERVICES)
RECOMMENDATION: Adopt Resolution Nos. 45-06 and 46-06.
C. UNFINISHED BUSINESS —NONE.
D. NEW BUSINESS
D-I CONSIDERATION OF SAN LUIS OBISPO COUNCIL OF GOVERNMENTS
PROGRAMMING OPTIONS FOR THE INCREASE IN FISCAL YEAR 2006-
2007 STATE TRANSIT ASSISTANCE FUNDS; (ADMINISTRATION)
RECOMMENDATION: Discuss and direct staff accordingly.
D-2 SET A DATE FOR A JOINT CITY COUNCIL/PLANNING COMMISSION
MEETING; (ADMINISTRATION)
RECOMMENDATION: Set a date for a joint City Council/Planning
Commission meeting.
® E. ADJOURNMENT
4
0
1
u
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.
G
MINUTES - MORRO BAY CITY COUNCIL
CLOSED SESSION — SEPTEMBER 25, 2006
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 54956.9(b): CONFERENCE WITH
LEGAL COUNSEL DUE TO ANTICIPATED LITIGATION.
Significant exposure to litigation pursuant to Subdivision (b) of Section 54956.9
as to one matter:
�1iuf��;`Z�111��Y�]�Li '7' �l:L•11
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.
11
C
11
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — SEPTEMBER 25, 2006
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
Jamie Boucher
Rick Algert
Bruce Ambo
Bill Boucher
Rachel Grossman
John DeRohan
Mike Pond
Susan Slayton
ESTABLISH QUORUM AND CALL TO ORDER
MOMENT OF SILENCE
City Manager
Assistant City Manager
City Attorney
Deputy City Clerk
Harbor Director
Public Services Director
Capital Projects Manager
Assistant Planner
Police Chief
Fire Chief
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 directed staff to work to promptly resolve to the satisfaction
of all parties, the legal dispute between Jim Kroll and the City regarding wrongful
termination.
PUBLIC COMMENT
Keith Taylor, Friends of the Fire Department announced there would be an Open House
and barbeque at the Fire Station on October 28, 2006 from 11:00 am. to 2:00 p.m.
Joey Racano, Ocean Outfall Group stated the community should understand the
ramifications of decisions made by elected officials who approved a 50-year outfall lease
renewal before they knew who had purchased the power plant. He said it is ironic to
have clean air awards in Morro Bay when we are doubling the poisonous gas with once -
through cooling. Mr. Racano stated the Governor has signed AB 2701 that will assist
with the regional full tertiary watershed wide plan..
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — SEPTEMBER 25, 2006
Susan Heinemann stated there would be an open forum of the candidates running for City
Council on September 28th at Rose's Landing. She also announced there would be a
candidate forum for County Supervisor, District 2 sponsored by the AAUW and the
League of Women Voters on September 29'h at the United Methodist Church. Ms.
Heinemann stated there would be an event "Coffee with Jeff Odell" on Saturday,
September 30'h at the Expresso Rock Coffee Bar.
Cathy Novak stated the Central Coast Natural History Association would be celebrating
30 years of creating a passion for education in the various areas of the local State Parks
with a Passport to Adventure that would guide one to the various areas with a chance to
win prizes.
Bill Woodson referred to the August 9'h edition of the Sun Bulletin regarding the pathway
project that would go from Morro Bay to Cayucos and stated the Cayucos Citizens
Advisory Board has voted in favor of this project, and he urged the City Council to
support it as well.
® Nellie Moshea referred to Measure J (Dalidio Project) and stated this is the wrong
process for this proposed development.
John Lomison expressed concern with the article in the Bay News attacking the Council
and staff.
Jeff Odell addressed the upcoming New Futures Workshop and noted the three mayoral
candidates would be in the lobby to discuss issues with the public.
Ken Vesterfelt also encouraged public participation at the New Futures Workshop. He
also gave an update on Police activity.
Rick Grantham stated each of the three mayoral candidates is very dedicated. He said the
tone of this campaign season has been very civil. Mr. Grantham also announced the
various candidate forums that will be held in Morro Bay.
Ed Biaggini stated the public should be educated on the purpose of the proposed sewer
rate increase.
Mayor Peters closed the hearing for public comment.
E
® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — SEPTEMBER 25, 2006
DECLARATION OF FUTURE AGENDA ITEMS
Councilmember Winholtz requested to agendize the review of inventory of equipment
related to video and broadcast of the Council meetings; Councilmember Peirce and
Mayor Peters concurred.
Mayor Peters requested to agendize the status and description of each tidelands lease
excepting the outfall lease; Councilmember Baxley and Councilmember DeMeritt
concurred.
Mayor Peters requested to agendize the consideration of the current fire station project
concept and a discussion of an alternative project that includes all aspects of the rebuild
project; Councilmember Baxley and Councilmember Peirce concurred.
Mayor Peters requested to agendize the discussion of present compensation package for
City safety reserves and an estimate of cost to implement benefits for this group;
Councilmember Baxley and Councilmember Peirce concurred.
® Mayor Peters requested to agendize the consideration of the methods and implications of
implementing an administrative citation program for enforcement of city ordinances.
Mayor Peters called for a break at 6:55 p.m.; the meeting resumed at 7:05 p.m.
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 11, 2006 CITY COUNCIL
MEETING; (ADMINISTRATION)
RECOMMENDATION: Approve as submitted.
A-2 INVESTMENT REPORT AS OF AUGUST 31, 2006; (FINANCE)
RECOMMENDATION: Receive report for information.
A-3 RESOLUTION NO. 44-06 AMENDING CALIFORNIA PUBLIC EMPLOYEES'
RETIREMENT SYSTEM (CALPERS) CONTRACT TO ALLOW PRETAX
PURCHASE OF SERVICE CREDIT; (FINANCE)
is RECOMMENDATION: Adopt Resolution No. 44-06.
4
® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — SEPTEMBER 25, 2006
A4 ORDINANCE NO. 520 ADDING SECTIONS 5-47 TO THE MORRO BAY
MUNICIPAL CODE REGULATING SHORT-TERM VACATION RENTALS -
SECOND READING/ADOPTION; (CITY ATTORNEY)
RECOMMENDATION: Approve second reading and adoption of Ordinance No.
520.
A-5 RESOLUTION NO. 47-06 AMENDING THE CITY'S CONFLICT OF
INTEREST CODE; (CITY ATTORNEY)
RECOMMENDATION: Adopt Resolution No. 47-06.
A-6 APPROVAL OF REVISED JOB DESCRIPTIONS FOR THE MAINTENANCE
III WORKER IN COLLECTIONS, WATER AND COLLECTIONS
SUPERVISORS, AND THE CAPITAL PROJECTS ENGINEER
® RECOMMENDATION: Approve the final versions of the job descriptions.
A-7 CONTRACT AWARD FOR THE BONITA STATION DESIGNBUILD
REHABILITATION; (PUBLIC SERVICES)
RECOMMENDATION: This item has been pulled from the agenda.
A-8 WATER FUND CAPITAL PROJECT ALLOCATIONS; (PUBLIC SERVICES)
RECOMMENDATION: Allocate $170,205 to an existing Capital Improvement
Project (CIP) for the Water System SCADA replacement and $70,000 to a
new CIP for an additional water storage tank at the Nutmeg Tank site.
A-9 CONTINUANCE OF EMERGENCY CONDITIONS REGARDING THE
CONDITION OF THE MORRO BAY FIRE STATION; (PUBLIC SERVICES)
RECOMMENDATION: Review the actions and determine, by at least 4/5 vote,
that there is the need to continue the emergency declaration.
A-10 RESOLUTION NO. 48-06 APPROVING PARTICIPATION IN THE
STATEWIDE COMMUNITY INFRASTRUCTURE PROGRAM; (PUBLIC
SERVICES)
® RECOMMENDATION: Adopt Resolution No. 48-06.
5
® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — SEPTEMBER 25, 2006
Councilmember DeMeritt pulled Items A-1 and A-3 from the Consent Calendar;
Councilmember Winholtz pulled Items A-5, A-6 and A-8.
MOTION: Councilmember Peirce moved the City Council approve Items A-2, A-4,
A-9 and A-10 of the Consent Calendar. The motion was seconded by
Councilmember Baxley and carried unanimously. (5-0)
A-1 APPROVAL OF MINUTES FOR THE SEPTEMBER 11, 2006 CITY COUNCIL
MEETING; (ADMINISTRATION)
Councilmember DeMeritt requested an amendment to Item A-2 (Investment Report)
asking that $281,734 be added to her comments.
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-3 RESOLUTION NO. 44-06 AMENDING CALIFORNIA_ PUBLIC EMPLOYEES'
RETIREMENT SYSTEM (CALPERS) CONTRACT TO ALLOW PRETAX
PURCHASE OF SERVICE CREDIT; (FINANCE)
Councilmember DeMeritt stated there is public concern that public retirement systems are
costing cities money and asked for staff clarification on how this amendment would not cost
the City money.
Finance Director Susan Slayton responded in purchasing service credits, the employee is
paying the complete cost of the additional years of service being purchased.
MOTION: Councilmember DeMeritt 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. 47-06 AMENDING THE CITY'S CONFLICT OF
INTEREST CODE; (CITY ATTORNEY)
Councilmember Winholtz asked why this amendment would not take place until January
2007.
City Attorney Rob Schultz stated that is when the next Conflict of Interest cycle begins
El
3
® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — SEPTEMBER 25, 2006
MOTION: Councilmember Winholtz 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 APPROVAL OF REVISED JOB DESCRIPTIONS FOR THE MAINTENANCE
III WORKER IN COLLECTIONS, WATER AND COLLECTIONS
SUPERVISORS, AND THE CAPITAL PROJECTS ENGINEER
Councilmember Winholtz asked if a certification is necessary for the Wastewater
Collection Supervisor.
Capital Projects Manager Bill Boucher responded there is no specific certification for this
position at this time.
MOTION: Councilmember Winholtz 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 WATER FUND CAPITAL PROJECT ALLOCATIONS; (PUBLIC SERVICES)
Councilmember Winholtz asked for clarification on the allocation of funds for this
project.
Capital Projects Manager Bill Boucher responded the fiscal year 2006/2007 Water Fund
budget contained unobligated funds and it is recommended to allocate these funds to timely
and beneficial uses within the Water Fund scope of responsibilities.
MOTION: Councihnember 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)
B. PUBLIC HEARINGS. REPORTS & APPEARANCES
B-1 APPEALS REGARDING THE ISSUANCE OF A COASTAL DEVELOPMENT
PERMIT FOR THE SEWER IMPROVEMENT PROJECT AT MORRO BAY
STATE PARK, AND CONDITION OF APPROVAL #11 RELATED TO THE
AFOREMENTIONED PERMIT; (PUBLIC SERVICES)
Assistant Planner Rachel Grossman stated on August 7, 2006, the Planning Commission
approved the applicant's request for a Coastal Development Permit for a sewer
® improvement project within Morro Bay State Park. Subsequent to the approval, the
7
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — SEPTEMBER 25, 2006
applicant, California State Parks and citizen, Joey Racano appealed the issuance of the
permit. In order to improve the aging sewer system within Morro Bay State Park, the
applicant is proposing to rehabilitate an existing lift station, replace an existing lift
station, and reline or repair approximately 2,600 linear feet of sewer lines. City staff
believes this is an environmentally beneficial project that should be approved with
necessary conditions of approval. The applicant has challenged one of these conditions,
and asserts that they are unable to comply with condition of approval #11 due to the fact
that it requires work at a location that is not within the State Park boundaries. Mr.
Racano has challenged the issuance of a Coastal Development Permit for the proposed
project due to his belief that the proposed sewer pipeline is not of adequate size, there is
no condition of approval that requires the applicant to install devices to measure the rate
of sewage flow, and that condition of approval #11 is unclear.
Capital Projects Manager Bill Boucher gave a presentation on the condition of the
affected manhole.
Joey Racano, appellant, stated the first issue is that there is a lack of scope in that the
® project is being pursued without having the Inn at Morro Bay involved where a lot of the
problems are being caused. He said it is illegal to have gravity and forced mains together
because of liability issues. Mr. Racano stated another issue is that the agreements are not
working and need to be revisited. He said this project is not in keeping with the Master
Plan that was devised in 1988, and there are inconsistencies with this project. Mr.
Racano stated the most important issue is supporting protection of the estuary and
environmental safety.
r'1
LJ
Gary Leach, representing the State as Project Manager for the Morro Bay Sewer
Improvement Project referred to condition #11 and stated the manhole belongs to the City
and the State is not authorized to spend State Parks money on property that does not
belong to the State. He said the sewage bill paid by the State each month is for operation
and maintenance costs for the sewage system.
Mayor Peters opened the hearing for public comment.
Marla Bruton stated within the month the City would need a State -mandated Sewer
Master Plan for satellite systems public or private including State Parks that has over one
mile (5,280 linear feet) of sewer lines. She said the State Park's renovation project
included 7,400 linear feet to be upgraded however they did not include the sewer
infrastructure in their original plan.
0
® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — SEPTEMBER 25, 2006
Roger Ewing stated he is opposed to the appeal filed by State Parks. He said they took an
award -winning campground and turned it into an RV park. Mr. Ewing stated the State
has increased the amount of sewage dramatically and yet does not want to enlarge the
sewage pipe or pay for the manhole recovery. He said State Parks is not interested in the
estuary and the environment and is only interested in the money.
David DuBank addressed issues such as noise from pile driving, missing surveys of
natural resources, missing surveys of historicalresources, and non -conforming use issue.
He said the conditions of the renovation project should be revisited.
Gail Severance, Environmental Planner for State Parks and principal author of the
Mitigated Negative Declaration, stated this project will not increase the capacity of
sewage flow, and there will be no loss of natural habitat. She said the State has received
approval from the US Wildlife Service for this project.
Mayor Peters closed the public comment hearing.
® The City Council discussed the issues raised by the appellant, applicant and the public
and came to the following consensus:
MOTION: Councilmember DeMeritt moved the City Council: 1) deny the State Parks
appeal; 2) uphold the pipe size issue of the citizen's (Joey Racano) appeal;
3) request State Parks to reconsider the pipe size coming from the group
camp site; 4) keep condition #11 intact and clarify the monetary
contribution from State Parks in taking care of the manhole; 5) direct staff
to renegotiate a new contract to reflect the updated camping uses at the
campground; 6) add a condition to ensure no pile driving can take place
during nesting season; and 7) add a condition that states the historic
landscape features will not be disturbed or relocated and, if damaged, will
be repaired in ways that retain their historic qualities. The motion was
seconded by Councilmember Baxley and carved unanimously. (5-0)
B-2 RESOLUTION NO. 45-06 ADOPTING THE UPDATED SAFETY ELEMENT
OF THE GENERAL PLAN/LOCAL COASTAL PLAN; AND, RESOLUTION
NO. 46-06 ADOPTING A NEWLY DEVELOPED LOCAL HAZARD
MITIGATION PLAN; (PUBLIC SERVICES)
Public Services Director Bruce Ambo reviewed the proposed Safety Element that would
update the current Safety Element that was previously adopted in 1988. This is an
amendment to the General Plan/Local Coastal Plan that was approved by the City
® Council on February 23, 2004 and submitted for certification to the Coastal Commission.
0
® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — SEPTEMBER 25, 2006
Chief Mike Pond stated the Local Hazard Mitigation Plan (LHMP) was developed to
meet the requirements of the Federal Disaster Mitigation Act of 2000. This Act required
that all local, county, and tribal governments develop a hazard mitigation plan in order
for that jurisdiction to be eligible for certain federal mitigation funds. To comply, the
City of Morro Bay developed a LHMP that assesses the City's vulnerability to natural
and human caused hazards and developed strategies that reduce the risks associated with
those hazards. Once adopted, the City's LHMP will be submitted to OES and FEMA for
review and final approval. Mr. Ambo and Chief Pond recommended the City Council: 1)
open the public hearing and consider public testimony on the updated General Plan
Safety Element and the newly developed Local Hazard Mitigation Plan; 2) approve the
use of the previously prepared Negative Declaration that was prepared and adopted for
the 2004 update to the General Plan/Local Coastal Plan; 3) adopt Resolution No. 45-06
adopting the updated Safety Element and directing staff to forward the update to the
California Coastal Commission for certification; and 4) adopt Resolution No. 46-06
adopting the Local Hazard Mitigation Plan.
Mayor Peters opened the hearing for public comment; there being no comment, Mayor
® Peters closed the public comment hearing.
After reviewing the Safety Element and making amendments, the City Council came to
the following consensus:
MOTION: Councilmember Baxley moved the City Council approve the Safety
Element as recommended by the Planning Commission with suggested
amendments made by Council, and direct staff to return the amended
Safety Element to Council as a Consent Calendar item. The motion was
seconded by Councilmember Peirce and carried unanimously. (5-0)
The City Council reviewed and discussed the proposed Local Hazard Mitigation Plan.
Mayor Peters opened the hearing for public comment; there being no comment, Mayor
Peters closed the public comment hearing.
MOTION: Councilmember Peirce moved the City Council adopt Resolution No. 46-
06 adopting the Local Hazard Mitigation Plan. The motion was seconded
by Councilmember Baxley and carried unanimously. (5-0)
C. UNFINISHED BUSINESS —None.
C
10
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — SEPTEMBER 25, 2006
D. NEW BUSINESS
D-I CONSIDERATION OF SAN LUIS OBISPO COUNCIL OF GOVERNMENTS
PROGRAMMING OPTIONS FOR THE INCREASE IN FISCAL YEAR 2006-
2007 STATE TRANSIT ASSISTANCE FUNDS; (ADMINISTRATION)
MOTION: Councilmember Peirce moved the City Council continue this item to the
November 13, 2006 City Council meeting. The motion was seconded by
Councilmember Baxley and carried unanimously. (5-0)
D-2 SET A DATE FOR A JOINT CITY COUNCIL/PLANNING COMMISSION
MEETING; (ADMINISTRATION)
Councilmember Winholtz stated the Morro Bay Municipal Code requires the City
Council to meet with the Planning Commission twice a year.
Mayor Peters stated she would prefer to meet with the Planning Commission in January
2007 when the Planning Commission has a fifth member.
® MOTION: Councilmember DeMeritt moved the City Council schedule a joint City
Council/Planning Commission meeting on Monday, October 30, 2006.
The motion was seconded by Councilmember Winholtz and failed with
Councilmember Baxley, Councilmember Peirce and Mayor Peters voting
no. (2-3)
City Attorney Robert Schultz stated he would review the language in the municipal code.
ADJOURNMENT
The meeting adjourned at 9:30 p.m.
Recorded by:
amie Boucher
Deputy 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 — SEPTEMBER 11, 2006
CLOSED SESSION — SEPTEM 3ER 11, 2006
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.
IT IS NOTED THAT THE CONTENTS OF CLOSED SESSION MEETINGS
ARE CONFIDENTIAL AND EXEMPT FROM DISCLOSURE.
Ell
® PUBLIC SESSION — SEPTEMBER 11, 2006
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 AUGUST 14, 2006 AND AUGUST 28, 2006
CITY COUNCIL MEETINGS; (ADMINISTRATION)
RECOMMENDATION: Approve minutes as submitted
A-2 INVESTMENT REPORT AS OF JULY 31, 2006; (FINANCE)
RECOMMENDATION: Approve report as received.
A-3 CONTINUANCE OF EMERGENCY CONDITIONS REGARDING THE
CONDITION OF THE MORRO BAY FIRE STATION; (PUBLIC SERVICES)
RECOMMENDATION: Review the actions and determine, by at least 4/5 vote,
that there is the need to continue the emergency declaration.
A-4 CONTRACT AWARD FOR THE BONITA STATION DESIGN/BUILD
REHABILITATION; (PUBLIC SERVICES)
RECOMMENDATION: This item has been pulled from the agenda.
A-5 PROCLAMATION DECLARING SEPTEMBER 24-30, 2006 AS SEA OTTER
AWARENESS WEEK; (ADMINISTRATION)
® RECOMMENDATION: Adopt Proclamation.
B. PUBLIC HEARINGS. REPORTS & APPEARANCES
B-1 APPEALS REGARDING THE ISSUANCE OF A COASTAL DEVELOPMENT
PERMIT FOR THE SEWER IMPROVEMENT PROJECT AT MORRO BAY
STATE PARK, AND CONDITION OF APPROVAL #11 RELATED TO THE
AFOREMENTIONED PERMIT; (PUBLIC SERVICES)
RECOMMENDATION: Deny the appeals and uphold the decision of the
Planning Commission.
B-2 AUTHORIZE WASTEWATER TREATMENT ALTERNATIVES ANALYSIS
IN THE CHORRO VALLEY; (PUBLIC SERVICES)
RECOMMENDATION: Discuss and direct staff accordingly.
B-3 ORDINANCE NO. 520 ADDING SECTIONS 5-47 TO THE MORRO BAY
MUNICIPAL CODE REGULATING SHORT-TERM VACATION RENTALS -
FIRST READING/INTRODUCTION; (CITY ATTORNEY)
RECOMMENDATION: Approve first reading and introduction of Ordinance
® No. 520.
3
® B-4 RESOLUTION NO.43-06 ADOPTING PROPOSED USE OF AB 1913 COPS
GRANT FUNDING; (POLICE)
RECOMMENDATION: Adopt Resolution No. 43-06.
C. UNFINISHED BUSINESS — NONE.
D. NEW BUSINESS
D-1 CONSIDERATION OF TROLLEY STOPS AND REVIEW OF ROUTES;
(ADMINISTRATION)
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 — SEPTEMBER 11, 2006
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 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.
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.
11
® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — SEPTEMBER 11, 2006
VETERANS MEMORIAL HALL - 6:00 P.M.
11
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
Janeen Burlingame
John DeRohan
Rachel Grossman
Mike Pond
Susan Slayton
ESTABLISH QUORUM AND CALL TO ORDER
MOMENT OF SILENCE
PLEDGE OF ALLEGIANCE
City Manager
Assistant City Manager
City Attorney
City Clerk
Harbor Director
Public Services Director
Management Analyst
Police Chief
Assistant Planner
Fire Chief
Finance Director
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
Chuck Rose made a tribute to the flight personnel who were involved in the 9-11
incident.
Betty Forsythe announced an open house would be held on September 19, 2006 at the
Morro Bay Teen Center, which is sponsored by Caring Community with Helping Hands.
Rick Grantham stated the Rotary Golf Tournament was a great success and thanked those
who coordinated and participated in this event. He also addressed issues including sewer
fees, public safety issues, and Measure Q that will be on the upcoming election ballot.
Mr. Grantham announced there would be a Mayor/Council debate held on October 3`d,
and encouraged citizens to participate.
2
® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — SEPTEMBER 11, 2006
Bruce Corsaw, SEW Local 620, addressed the employment status of a City employee.
Joan Carter expressed opposition to Measure J on the upcoming election ballot, and urged
people to vote no.
Marla Berton stated while in New York she visited the new Bank of America building,
which is a green building, and said she would like the City of Morro Bay to follow suit in
building green. She also asked that people remember the soldiers who are serving our
country in Afghanistan by sending cards and well wishes.
Joey Racano reported on the "Talk About the Bay" meeting, and thanked those who
participated.
Richard Sadowski stated he attended a California Water Environment Association
Workshop in San Luis Obispo. He said the workshop gave an update on the WDR
requirements for sewer management, and infrastructure requirements for private or public
entities that have more than one mile of infrastructure.
® Bill Callahan, Cayucos Sanitary District, reported on flow reports performed by the
District.
Bill Woodson announced Coastal Clean -Up Day is scheduled for Saturday, September
16, 2006.
Nancy Johnson read a letter from Chet Zinn who while on the City Council at the City's
inception made a motion to approve the Dahlia as the City's flower.
Keith Taylor expressed support for Measure Q — sales tax initiative, and requested the
support of Morro Bay citizens.
Roger Ewing addressed the global efforts for the nation's ecology and environment, and
how a change is needed to improve life. He thanked those who participated in the "Talk
About the Bay" workshop.
Mayor Peters closed the hearing for public comment.
DECLARATION OF FUTURE AGENDA ITEMS
Councilmember Winholtz requested an item on the agenda to set a date to hold a joint
meeting with the Planning Commission; Councilmember DeMeritt and Mayor Peters
® concurred.
3
® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — SEPTEMBER 11, 2006
Councilmember Winholtz requested an update on the removal of seagull nests at
Bayshore Bluffs. City Attorney Robert Schultz responded he would review this issue and
send a memorandum to Council.
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 AUGUST 14, 2006 AND AUGUST 28, 2006
CITY COUNCIL MEETINGS; (ADMINISTRATION)
RECOMMENDATION: Approve minutes as submitted.
A-2 INVESTMENT REPORT AS OF JULY 31, 2006; (FINANCE)
® RECOMMENDATION: Approve report as received.
A-3 CONTINUANCE OF EMERGENCY CONDITIONS REGARDING THE
CONDITION OF THE MORRO BAY FIRE STATION; (PUBLIC SERVICES)
RECOMMENDATION: Review the actions and determine, by at least 4/5 vote,
that there is the need to continue the emergency declaration.
A-4 CONTRACT AWARD FOR THE BONITA STATION DESIGN/BUILD
REHABILITATION; (PUBLIC SERVICES)
RECOMMENDATION: This item has been pulled from the agenda.
A-5 PROCLAMATION DECLARING SEPTEMBER 24-30, 2006 AS SEA OTTER
AWARENESS WEEK; (ADMINISTRATION)
RECOMMENDATION: Adopt Proclamation.
Councilmember DeMeritt pulled Items A-1, A-2 and A-3 from the Consent Calendar.
MOTION: Councilmember Peirce moved the City Council approve Item A-5 of the
Consent Calendar. The motion was seconded by Councilmember
DeMeritt and carried unanimously. (5-0)
0
® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — SEPTEMBER 11, 2006
A-1 APPROVAL OF MINUTES FOR AUGUST 14, 2006 AND AUGUST 28, 2006
CITY COUNCIL MEETINGS; (ADMINISTRATION)
Councilmember DeMeritt reviewed amendments made to the minutes of the August 14,
2006 and August 28, 2006 City Council meetings.
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 INVESTMENT REPORT AS OF JULY 31, 2006; (FINANCE)
Councilmember DeMeritt reviewed the Investment Report, and expressed concern with
how low the emergency reserve funds are now ($281,734.)
MOTION: Councilmember DeMeritt 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 CONTINUANCE OF EMERGENCY CONDITIONS REGARDING THE
CONDITION OF THE MORRO BAY FIRE STATION; (PUBLIC SERVICES)
u
Councilmember DeMeritt requested an update on the Fire Department's move into the
modular buildings on Harbor Street. Fire Chief Mike Pond responded with the latest
information on when the Department would be able to move into the new building.
MOTION: Councilmember DeMeritt 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 6:56 p.m.; the meeting resumed at 7:09 p.m.
B. PUBLIC HEARINGS, REPORTS & APPEARANCES
B-1 APPEALS REGARDING THE ISSUANCE OF A COASTAL DEVELOPMENT
PERMIT FOR THE SEWER IMPROVEMENT PROJECT AT MORRO BAY
STATE PARK, AND CONDITION OF APPROVAL #I1 RELATED TO THE
AFOREMENTIONED PERMIT; (PUBLIC SERVICES)
5
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — SEPTEMBER 11, 2006
MOTION: Councilmember Baxley moved the City Council continue this item to the
September 25, 2006 City Council meeting. The motion was seconded by
Councilmember Winholtz and carried unanimously. (5-0)
B-2 AUTHORIZE WASTEWATER TREATMENT ALTERNATIVES ANALYSIS
IN THE CHORRO VALLEY; (PUBLIC SERVICES)
Wastewater Division Manager Bruce Keogh stated the City has embarked on a plan to
upgrade the wastewater treatment process. The Council and Cayucos Sanitary District
Board adopted a compliance schedule that calls for the WWTP discharge to meet full
secondary treatment standards by no later than March 31, 2014. The City and District
have executed a contract with Carollo Engineers for the development of a Facility Master
Plan of the existing plant. The scope of the Facility Master Plan is limited to studying
upgrade alternatives within the existing fence line of the plant. The current meeting
schedule calls for a recommended project alternative to be selected by June 2007. The
City contracted with Boyle Engineering in 1995 to evaluate the feasibility of a
wastewater treatment plant in the Chorro Valley. They prepared two CDBG Wastewater
® Reclamation Feasibility studies that were completed in 1996 and Phase II in 1999. Those
studies evaluated the feasibility of constructing a new wastewater treatment facility in the
Chorro Valley, with a stream discharge. At their April 19, 2006 meeting, the Public
Works Advisory Board addressed the concept of a Chorro Valley treatment facility
and/or a Chorro Creek discharge and voted unanimously to recommend the City Council
give consideration to a tertiary treatment plant in the Chorro Valley as a potential
alternative for supplementing future water supplies, habitat enhancement, and protection
of the estuary. Mr. Keogh recommended the City Council direct staff to include the
alternative analysis and allocate funding consistent with the requirement of CEQA.
El
Mayor Peters opened the hearing for public comment.
The following people expressed support for an alternative analysis and allocation of
funding consistent with the requirement of CEQA: Joey Racano, Richard Sadowski,
Maria Bruton, Bill Woodson and Jeff Odell.
Mayor Peters closed the public comment hearing.
Consensus through discussion of the City Council was in support for an alternative
analysis and allocation of funding consistent with the requirement of CEQA.
T
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — SEPTEMBER 11, 2006
MOTION: Councilmember Baxley moved the City Council direct staff to include the
alternative analysis and allocate funding consistent with the requirement
of CEQA. The motion was seconded by Councilmember Peirce and
carried unanimously. (5-0)
B-3 ORDINANCE NO. 520 ADDING SECTIONS 5-47 TO THE MORRO BAY
MUNICIPAL CODE REGULATING SHORT-TERM VACATION RENTALS -
FIRST READING/INTRODUCTION; (CITY ATTORNEY)
City Attorney Robert Schultz stated pursuant to City Council direction, the primary intent
of this ordinance is to make sure that vacation rentals are paying transient occupancy tax.
The ordinance will regulate short-term vacation rentals by requiring a permit if renting a
dwelling unit for a period of seven to 30 consecutive days. In addition, the ordinance has
requirements in order to safeguard the peace, safety and general welfare of the residents
of Morro Bay and their visitors and guests by eliminating noise and overcrowding. Mr.
Schultz recommended the City Council accept public comment and move for
introduction and first reading of Ordinance No. 520, by number and title only, adding
® Morro Bay Municipal Code Section 5.47 entitled Short -Term Vacation Rental Permit.
Mayor Peters opened the hearing for public comment.
Nancy Johnson addressed a minor amendment to the first draft of Ordinance No. 520
stating vacation rentals should be in a residential zone. She recommended the following
language be added to the ordinance: "all short-term vacation rentals are required to
register and pay their transient occupancy taxes."
Mayor Peters closed the public comment hearing.
MOTION: Councilmember Peirce moved the City Council approve the first reading
and introduction of Ordinance No. 520, by number and title only, adding
Morro Bay Municipal Code Section 5.47 entitled Short -Term Vacation
Rental.Permit. The motion was seconded by Councilmember Baxley and
carried unanimously. (5-0)
MOTION: Councilmember Winholtz moved the City Council review Ordinance No.
520 within one year of adoption. The motion was seconded by
Councilmember Baxley and carried unanimously. (5-0)
® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — SEPTEMBER 11, 2006
B-4 RESOLUTION NO.43-06 ADOPTING PROPOSED USE OF AB 1913 COPS
GRANT FUNDING; (POLICE)
Police Chief John DeRohan stated since 1996-1997, the Citizen's Option for Public
Safety 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." These funds are also known as Supplemental Law
Enforcement Funding. 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. The legislation
requires an annual report 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. This year, the
Police Department is scheduled to receive a minimum of $100,000 in COPS grant funds.
Chief DeRohan recommended the City Council hold a public hearing and adopt
Resolution No. 43-06 authorizing the proposed spending plan for the $100,000 that will
be received from the Citizens Option for Public Safety grant program that complies with
the requirements of Government Codes 30061, 30062, 30063 and 30064.
Mayor Peters opened the hearing for public comment.
Jeff Odell asked if a patrol car could be purchased with these funds.
Ken Vesterfelt urged the City Council support this proposed spending plan.
Mayor Peters closed the public comment hearing.
Councilmember Winholtz stated she would like the funding used for a full-time Police
Resource Officer at the high school.
MOTION: Councilmember Baxley moved the City Council adopt Resolution No. 43-
06 authorizing the proposed spending plan for the $100,000 that will be
received from the Citizens Option for Public Safety grant program that
complies with the requirements of Government Codes 30061, 30062,
30063 and 30064. The motion was seconded by Councilmember Peirce
and carried with Councilmember Winholtz voting no. (4-1)
C. UNFINISHED BUSINESS — NONE
Ell
® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — SEPTEMBER 11, 2006
D. NEW BUSINESS
D-1 CONSIDERATION OF TROLLEY STOPS AND REVIEW OF ROUTES;
(ADMINISTRATION)
Management Analyst Janeen Burlingame stated at the August 14, 2006 City Council
meeting, the Council directed staff to bring the issue of adding a formal trolley stop on
Atascadero Road for consideration in light of the RV parks that are open or approved for
construction as well as the motels in the area. The proposed stop appears to fit with the
current trolley mission statement as it would serve customers from the RV parks and
motels in the area that currently exist or are under construction and would provide
visitors from these locations with a link to downtown, the Embarcadero, North Main
Street and the State Parks in the north and south ends of the community. Ms. Burlingame
recommended the City Council consider whether or not to add a formal stop along the
200 block of Atascadero Road, near the Teen Center and RV Park on the north side of the
road, and direct staff accordingly.
MOTION: Councilmember Peirce moved the City Council direct staff to install two
to' trolley stops on Atascadero Road. The motion was seconded by
Councilmember Baxley and carried unanimously. (5-0)
ADJOURNMENT
The meeting adjourned at 8:16 p.m.
Recorded by:
Bridgett Bauer
City Clerk
rIt
0
R
® City of Morro Bay
City Council Agenda
Mission Statement
The City of Morro Bay is dedicated to the preservation and enhancement of the quality
ojliife. 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 28, 2006
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 RESOLUTION NO. 41-06 ADOPTING ASSIGNMENT OF LEASE SITE 86-
86W LOCATED AT 801 EMBARCADERO; (HARBOR)
RECOMMENDATION: Adopt Resolution No. 41-06.
A-2 RESOLUTION NO. 42-06 AUTHORIZING EXECUTION OF A DEED OF
TRUST FOR THE LEASE AGREEMENT ON LEASE SITE 91-92/91W-92W
TENANT, ANDERSON FAMILY PARTNERSHIP LOCATED AT 899
EMBARCADERO; (HARBOR)
® RECOMMENDATION: Adopt Resolution No. 42-06.
0
A-3 CONSIDERATION OF A SCOPE OF WORK FOR A REQUEST FOR
PROPOSALS FOR CREATION OF DEVELOPMENT IMPACT FEE
PROGRAM AND PARTICIPATION IN THE STATEWIDE COMMUNITY
INFRASTRUCTURE PROGRAM; (PUBLIC SERVICES)
RECOMMENDATION: Review the scope of work and provide direction to staff,
and adopt a Resolution of Participation in the Statewide Community
Infrastructure Program.
A4 PUBLIC SERVICES DEPARTMENT REORGANIZATION, POSITION
RECLASSIFICATION, AND RECRUITMENT AUTHORIZATION; (PUBLIC
SERVICES)
RECOMMENDATION: Consider the effects of the Public Services
Departmental organization, and authorize the associated personnel
upgrades, reclassifications and recruitments.
K
® A-5 CONTINUANCE OF EMERGENCY CONDITIONS REGARDING THE
CONDITION OF THE MORRO BAY FIRE STATION; (PUBLIC SERVICES)
RECOMMENDATION: . Review the actions and determine, by at least 4/5 vote
that there is the need to continue the emergency declaration.
A-6 CONTRACT AWARD FOR THE BONITA STATION DESIGN/BUILD
REHABILITATION; (PUBLIC SERVICES)
RECOMMENDATION: This item has been pulled from the agenda.
A-7 CALTRANS HIGHWAY I RIGHT-OF-WAY RELOCATION AT MORRO
BAY BOULEVARD; (PUBLIC SERVICES)
RECOMMENDATION: Conceptually approve the relocation of the Highway I
right-of-way and authorize stag to transmit a letter requesting CalTrans
pursue the action.
A-8 ACCEPTANCE OF RESIGNATION FROM PLANNING COMMISSIONER;
(ADMINISTRATION)
RECOMMENDATION: Accept letter of resignation; direct City Clerk to
® advertise vacancy; and, set date for interviews.
B. PUBLIC HEARINGS. REPORTS & APPEARANCES
B-1 RESOLUTION NO. 39-06 ADOPTING AN INTERIM WASTEWATER RATE
INCREASE; (PUBLIC SERVICES)
RECOMMENDATION: Adopt Resolution No. 39-06.
C. UNFINISHED BUSINESS — NONE.
D. NEW BUSINESS
D-1 PRESENTATION ON COMMUNITY PROMOTION COMMITTEE
MARKETING PLAN; (ADMINISTRATION)
RECOMMENDATION: Receive presentation for information.
D-2 REVIEW OF CITY POLICIES REGARDING USE OF CITY RESTROOM
FACILITIES AT PERMITTED SPECIAL EVENTS; (ADMINISTRATION)
RECOMMENDATION: Discuss and direct stag accordingly.
C1
3
D-3 CONSIDERATION OF CITY COUNCIL REVIEW OF STATE AND LOCAL
BALLOT PROPOSITIONS; (ADMINISTRATION)
RECOMMENDATION: Discuss the "Pros and Cons" of having the City Council
review and possibly adopt positions on State and County general election
ballot propositions, and direct staff accordingly.
D-4 DISCUSSION ABOUT VIEWSHED PROTECTION AD -HOC COMMITTEE
WORK PROGRAM; (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.
4
® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — AUGUST 28, 2006
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
Tim Olivas
Mike Pond
Susan Slayton
ESTABLISH QUORUM AND CALL TO ORDER
MOMENT OF SILENCE
PLEDGE OF ALLEGIANCE
City Manager
Assistant City Manager
City Attorney
City Clerk
Harbor Director
Public Services Director
Capital Projects Manager
Acting Police Chief
Fire Chief
Finance Director
MAYOR'S REPORTS & ANNOUNCEMENTS
CLOSED SESSION REPORT — There was no Closed Session meeting.
PUBLIC COMMENT
Richard Sadowski stated a sewer flow study was prepared in Cayucos between 2003-
2004, and explained how a flow study is prepared.
Marla Bruton announced the "Talk About the Bay" meeting on Saturday, September 2,
2006 at the Veterans' Memorial Building.
Keith Taylor gave an update on the calls received by the Morro Bay Fire Department. He
also requested support for Measure "Q" the sales tax initiative.
David Broadwater addressed the negative impacts that could be created if the Dalidio
initiative is approved.
® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — AUGUST 28, 2006
Lynda Merrill expressed support for Item A-6 (Contract Award for the Bonita Station
Design/Build Rehabilitation). She said she has been taking photographs of properties
around the City that needs improvement, and will share them with Council in the near
future. Ms. Merrill also expressed opposition to Measure "J" the Dalidio initiative.
Rick Grantham expressed support for Measure "Q", noting a sales tax increase is
important for the City. He said the City website should include a link for the Chamber of
Commerce.
Ken Vesterfelt expressed support for Item A-1 (Resolution No. 41-06 Adopting
Assignment of Lease Site 86-86W Located at 801 Embarcadero), and Item A-2
(Resolution No. 42-06 Authorizing Execution of a Deed of Trust for the Lease
Agreement on Lease Site 91-92/91 W-92W Tenant, Anderson Family Partnership Located
at 899 Embarcadero). He also expressed support for the Community Promotions
Committee and the work that they do in promoting the City.
Ray McKelligott addressed Item A-7 (CalTrans Highway 1 Right -Of -Way Relocation at
® Morro Bay Boulevard)stating the City should not be considering a roundabout at this
intersection, when the intersection at South Bay Boulevard and Quintana Road should
receive a stoplight.
Sarah McCandliss thanked everyone for their support during her term on the Planning
Commission.
Jeff Odell stated the City should consider forming a permanent ongoing Grant Forming
Search Committee to investigate and obtain grants for the City.
Ed Biaggini clarified the Chamber of Commerce has their own website.
Jun Nance addressed Item A-7 and stated the City should not waste its money on a
roundabout. He agrees the City should consider appointing a committee that could
research grants for the City.
Grant Crowl stated the Viewshed Ad -Hoc Sub -Committee would like to make a
presentation to the City Council by December 2006. He said Morro Bay is a quaint little
town that should maintain its charm.
Garry Johnson stated everyone should pick up trash on a daily basis. He said people
should consider recycling rather than dumping everything in the trash. Mr. Johnson
stated people should be more considerate when their dogs defecate in the streets.
2
® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — AUGUST 28, 2006
Roger Ewing addressed Item D-3 (Consideration of City Council Review of State and
Local Ballot Propositions) and stated the City should not take a political stand on
initiatives that do not affect the City.
Joey Racano stated the "Talk About the Bay" meeting would be held on Saturday,
September 2°d.
Nancy Johnson stated Dahlia Days was a great success. She announced the Morro Bay
Garden Club would be meeting on September 19, 2006. Ms. Johnson also addressed the
lack of responsibility of dog owners who do not pick up their dog poop.
John Barta stated the Viewshed Ad -Hoc Committee has agreed with their mission
statement and has a list of discussion items.
Dorothy Cutter stated the Viewshed Ad -Hoc Committee could reach their goal within
three months, and should receive direction from the City Council.
® Mayor Peters closed the hearing for public comment.
DECLARATION OF FUTURE AGENDA ITEMS
Councilmember DeMeritt requested to agendize the discussion of SB 1818 list of
required development concessions; Councilmember Winholtz 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.
A-1 RESOLUTION NO. 41-06 ADOPTING ASSIGNMENT OF LEASE SITE 86-
86W LOCATED AT 801 EMBARCADERO; (HARBOR)
RECOMMENDATION: Adopt Resolution No. 41-06.
A-2 RESOLUTION NO. 42-06 AUTHORIZING EXECUTION OF A DEED OF
TRUST FOR THE LEASE AGREEMENT ON LEASE SITE 91-92/91W-92W
TENANT, ANDERSON FAMILY PARTNERSHIP LOCATED AT 899
EMBARCADERO; (HARBOR)
® RECOMMENDATION: Adopt Resolution No. 42-06.
3
® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — AUGUST 28, 2006
A-3 CONSIDERATION OF A SCOPE OF WORK FOR A REQUEST FOR
PROPOSALS FOR CREATION OF DEVELOPMENT IMPACT FEE
PROGRAM AND PARTICIPATION IN THE STATEWIDE COMMUNITY
INFRASTRUCTURE PROGRAM; (PUBLIC SERVICES)
RECOMMENDATION: Review the scope of work and provide direction to staff,
and adopt a Resolution of Participation in the Statewide Community
Infrastructure Program.
A4 PUBLIC SERVICES DEPARTMENT REORGANIZATION, POSITION
RECLASSIFICATION, AND RECRUITMENT AUTHORIZATION; (PUBLIC
SERVICES)
RECOMMENDATION: Consider the effects of the Public Services
Departmental organization, and authorize the associated personnel
upgrades, reclassifications and recruitments.
® A-5 CONTINUANCE OF EMERGENCY CONDITIONS REGARDING THE
CONDITION OF THE MORRO BAY FIRE STATION; (PUBLIC SERVICES).
RECOMMENDATION: Review the actions and determine, by at least 4/5 vote
that there is the need to continue the emergency declaration.
A-6 CONTRACT AWARD FOR THE BONITA STATION DESIGNBUILD
REHABILITATION; (PUBLIC SERVICES)
RECOMMENDATION: This item has been pulled from the agenda.
A-7 CALTRANS HIGHWAY I RIGHT-OF-WAY RELOCATION AT MORRO
BAY BOULEVARD; (PUBLIC SERVICES)
RECOMMENDATION: Conceptually approve the relocation of the Highway 1
right-of-way and authorize staff to transmit a letter requesting CalTrans
pursue the action.
A-8 ACCEPTANCE OF RESIGNATION FROM PLANNING COMMISSIONER;
(ADMINISTRATION)
RECOMMENDATION: Accept letter of resignation; direct City Clerk to
® advertise vacancy; and, set date for interviews.
El
® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — AUGUST 28, 2006
Councilmember Winholtz pulled Items A-1, A-2, A-3, A4 and A-7 of the Consent
Calendar; Councilmember DeMeritt pulled Item A5; and Mayor Peters pulled Item A-8.
A-1 RESOLUTION NO. 41-06 ADOPTING ASSIGNMENT OF LEASE SITE 86-
86W LOCATED AT 801 EMBARCADERO; (HARBOR)
Councilmember Winholtz requested clarification on the final assignment date. City
Attorney Robert Schultz stated the date is in advance in order to close escrow.
MOTION: Councilmember Winholtz moved the City Council approve Item A-1 of
the Consent Calendar. The motion was seconded by Councilmember
Baxley and carried unanimously. (5-0)
A-2 RESOLUTION NO. 42-06 AUTHORIZING EXECUTION OF A DEED OF
TRUST FOR THE LEASE AGREEMENT ON LEASE SITE 91-92/91W-92W
TENANT, ANDERSON FAMILY PARTNERSHIP LOCATED AT 899
® EMBARCADERO; (HARBOR)
Councilmember Winholtz expressed concern of who could take over this loan if it is
defaulted. City Attorney Robert Schultz responded financial requirements have been
addressed in the lease agreement.
Eli
MOTION: Councilmember Baxley 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 CONSIDERATION OF A SCOPE OF WORK FOR A REQUEST FOR
PROPOSALS FOR CREATION OF DEVELOPMENT IMPACT FEE
PROGRAM AND PARTICIPATION IN THE STATEWIDE COMMUNITY
INFRASTRUCTURE PROGRAM; (PUBLIC SERVICES)
The City Council asked questions about hiring a consultant to develop a comprehensive
development impact fee program.
MOTION: Councilmember DeMeritt moved the City Council direct staff to send out
a Request for Proposal for the development of an impact fee program that
is limited to: 1) the study of water, sewer and street impacts; 2) single-
family residences; and, 3) do not state a price of service. The motion was
seconded by Councilmember Winholtz.
5
® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — AUGUST 28, 2006
Councilmember DeMeritt amended her motion to include second units and multi -family
housing; Councilmember Winholtz accepted the amendment to the motion.
Councilmember Baxley suggested including law enforcement, fire protection and general
government facilities.
Councilmember DeMeritt further amended the motion to include law enforcement and
fire protection facility impacts; Councilmember Winholtz accepted the amendment to the
motion.
Councilmember DeMeritt called the question.
VOTE: The motion carried unanimously. (5-0)
MOTION: Councilmember Peirce moved the City Council direct staff to return with
the necessary documents to enter into the Statewide Community
Infrastructure Program. The motion was seconded by Councilmember
® Baxley and carried unanimously. (5-0)
A4 PUBLIC SERVICES DEPARTMENT REORGANIZATION, POSITION
RECLASSIFICATION, AND RECRUITMENT AUTHORIZATION; (PUBLIC
SERVICES)
Councilmember Winholtz referred to the figures shown for the Wastewater Collection
Personnel, Operating and Reserve Transfer Budget modifications, and asked how the
total proposed modifications were obtained.
The City Council asked questions about the department's proposed reorganization.
Capital Projects Manager Bill Boucher responded on how the proposed modifications
were derived. He also reviewed the effects of the Public Services Departmental
reorganization and associated personnel upgrades, reclassifications and recruitments.
MOTION: Councilmember Baxley moved the City Council authorize the associated
personnel upgrades, reclassifications and recruitments.
The motion failed for lack of a second.
3
® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — AUGUST 28, 2006
MOTION: Mayor Peters. moved the City Council approve the Public Services
Department Reorganization without the increases to the City Engineer and
Capital Projects Manager. The motion was seconded by Councilmember
DeMeritt and carried with Councilmember Winholtz voting no. (4-1)
A-5 CONTINUANCE OF EMERGENCY CONDITIONS REGARDING THE
CONDITION OF THE MORRO BAY FIRE STATION; (PUBLIC SERVICES)
Councilmember DeMeritt asked when the Fire Department would be moving into their
new building.
Capital Projects Manager Bill Boucher responded the Fire Department should be moved
within the next two weeks.
MOTION: Councilmember DeMeritt 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-7 CALTRANS HIGHWAY I RIGHT-OF-WAY RELOCATION AT MORRO
BAY BOULEVARD; (PUBLIC SERVICES)
Councilmember Winholtz stated she would be voting in opposition to a roundabout at
this intersection.
MOTION: Courtcilmember Baxley moved the City Council approve Item A-7 of the
Consent Calendar. The motion was seconded by Councilmember Peirce
and carried with Councilmember DeMeritt and Councilmember Winholtz
voting no. (3-2)
A-8 ACCEPTANCE OF RESIGNATION FROM PLANNING COMMISSIONER;
(ADMINISTRATION)
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)
The City Council directed staff to not advertise vacancies on advisory boards until
January 2007.
Mayor Peters called for a break at 7:54 p.m.; the meeting resumed at 8:03 p.m.
7
® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — AUGUST 28, 2006
B. PUBLIC HEARINGS. REPORTS & APPEARANCES
B-1 RESOLUTION NO. 39-06 ADOPTING AN INTERIM WASTEWATER RATE
INCREASE; (PUBLIC SERVICES)
Capital Projects Manager Bill Boucher stated in order to reduce the risk of untreated
wastewater spills into the community and environment now and into the future, the City
needs to increase user fees to fund identified programs. With an upcoming financial
analysis leading to more significant rate increases on the horizon for the construction and
operation of the committed Wastewater Treatment Plant upgrade, the City plans to
dovetail the remainder of the Collection system programs into this overall analysis rather
than trying to prepare a comprehensive analysis and rate structure now and revise it in a
matter of weeks. A 20% rate increase should generate an additional $300,000 in annual
revenues, enabling the commencement of activities required by the State Waste
Discharge Requirements and recommended tasks of the adopted Collection System
Master Plan. Mr. Boucher recommended the City Council conduct a public hearing on
this matter, and adopt Resolution No. 39-06 approving a 20% interim wastewater rate
® increase.
Mayor Peters opened the hearing for public comment.
Joey Racano expressed opposition to the interim wastewater rate increase because the
City is not in compliance with the Clean Water Act and is operating without a waiver.
Marla Bruton stated there is grant money and bonds available through the regional full
tertiary plan that could assist the City instead of increasing wastewater rates.
Sandra Brazil stated the City should be using the $5 million that has been earmarked
through the Joint Powers Authority with Cayucos Sanitary District that was meant for
this purpose.
Jim Nance stated the City should offer a rate reduction for low-income people, and
charge the high -end users with an increase in fees.
Jeff Odell referred to a gray water program used during a drought in Morro Bay about 20
years ago, and asked if that could be instituted again.
Mayor Peters closed the public comment hearing.
E
8
'E
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — AUGUST 28, 2006
Councilmember Winholtz stated she is not interested in increasing rates at this time, and
would like to implement an across the board fee based on the previous increase approved
by Council.
Councilmember Baxley stated the rates would need to be increased at some point in order
to implement the Sewer Master Plan. He expressed concern with implementing this
increase at the same time as placing the sales tax initiative on the November ballot.
Councilmember DeMeritt stated she does not support a retroactive fee increase. She said
the citizens should be made aware that an increase is impending.
Councilmember Peirce stated a rate increase would be required because the Wastewater
Treatment Plant is in need of upgrades.
Mayor Peters stated she supports an across the board rate increase based on Council's
previous action but not retroactively. She said those who have not had to pay an increase
should have their rates increased.
MOTION: Mayor Peters moved the City Council adopt Resolution No. 39-06 with
the amendment to remove the top two designations and begin a 20%
increase by September 1, 2006. The motion was seconded by
Councibnember Winholtz and carried unanimously. (5-0)
MOTION: Mayor Peters moved the City Council direct staff to return with a
resolution to include an increase for single-family residences and single-
family residential condominium units to begin January 1, 2007 and to
include a 5% increase on a quarterly basis. The motion was seconded by
Councilmember Winholtz and carried with Councilmember DeMeritt and
Councilmember Peirce voting no. (3-2)
C. UNFINISHED BUSINESS
C-1 AUTHORIZATION FOR WASTEWATER TREATMENT ALTERNATIVES
FOR ADDED ALTERNATIVES IN THE CHORRO VALLEY; (PUBLIC
SERVICES)
MOTION: Councilmember Peirce moved the City Council continue this item to the
September 11, 2006 City Council meeting. The motion was seconded by
Councilmember Winholtz and carried unanimously. (5-0)
LS
® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — AUGUST 28, 2006
D. NEW BUSINESS
D-1 PRESENTATION ON COMMUNITY PROMOTION COMMITTEE
MARKETING PLAN; (ADMINISTRATION)
The City Council received a presentation from John Sorgenfrei of TJA Advertising on the
Community Promotions Committee marketing plan.
No action was taken on this item.
D-2 REVIEW OF CITY POLICIES REGARDING USE OF CITY RESTROOM
FACILITIES AT PERMITTED SPECIAL EVENTS; (ADMINISTRATION)
City Manager Robert Hendrix stated this past 4`s of July event suffered from inadequate
public services for the attending crowd. Because the problem is indeed serious and
because the City plays a role in permitting the event, it seems clear that the City should
assume leadership in facilitating a solution to the problem for future events. Two years
® ago, the City began to calculate and recover direct costs associated with its supporting
role in producing special events in the community. This was made necessary do to the
increasing resource restrictions on the City budget from loss of general revenues and a
lack of revenue growth apace with the economy. Mr. Hendrix recommended the City
Council discuss the merits and problems of the current policy, determine if the access
problems that occurred at the 4`h of July Tidelands Park event were a result of the existing
policy, consider whether changes to the policy are needed and if so whether the changes
should be general in nature or specific to the issues of the 416 of July event, and also
determine how any financial burden should be handled.
MOTION: Councilmember Peirce moved the City Council direct staff to keep the
Tidelands Park restroom open during special events with the cost to be
part of the permit package. The motion was seconded by Councilmember.
DeMeritt and carried unanimously. (5-0)
D-3 CONSIDERATION OF CITY COUNCIL REVIEW OF STATE AND LOCAL
BALLOT PROPOSITIONS; (ADMINISTRATION)
City Manager Robert Hendrix stated during the regular meeting on August 14, 2006, the
City Council requested that an item be listed on the current agenda to discuss a change in
policy to have the Council review State and County ballot propositions, and if warranted,
adopt a formal position on them. Presently the Council has only considered those
propositions having a direct economic impact on the City. This November there will be
® 13 propositions on the statewide ballot. In addition, there are currently five measures at
[If
® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — AUGUST 28, 2006
the County level. Obviously, a significant amount of time would be required to
thoroughly review each measure between now and the first week in November. Should
the City Council wish to pursue this policy change, it should begin to budget meeting
time to allow for the discussion. Mr. Hendrix recommended the City Council discuss the
"pros and cons" of having the City Council review and possibly adopt positions on State
and County general election ballot propositions, and direct staff accordingly.
No action was taken on this item.
D4 DISCUSSION ABOUT VIEWSHED PROTECTION AD -HOC COMMITTEE
WORK PROGRAM; (CITY ATTORNEY)
City Attorney Robert Schultz stated this report is in response to a request from
Councilmember DeMeritt for placement of this item as a future agenda item. He said
view protection is a complicated undertaking with many repercussions and consequences.
It potentially involves a range of more or less overlapping sub -issues such as privacy
protection; conserving air, light and open space; protection of trees and vegetation; and,
architectural design review. The View Shed Protection Ad -Hoc Committee is striving to
address all these issues. Because the issues are very contentious, they have resulted in
various arguments among the members. Mr. Schultz recommended the City Council give
direction to the Committee on its work program.
MOTION: Mayor Peters moved the City Council direct the Viewshed Protection Ad -
Hoc Committee and New Futures Ad -Hoc Committee to report to the City
Council on their status by January 2007. The motion was seconded by
Councilmember Peirce and carried unanimously. (5-0)
ADJOURNMENT
The meeting adjourned at 10:33 p.m.
Recorded by:
Bridgett 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 24, 2006 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 reviewing the following item:
• CONSIDERATION AND DISCUSSION OF CITY WASTEWATER
TREATMENT ALTERNATIVES IN THE CHORRO VALLEY.
The City Council will also be previewing the agenda for the Morro Bay/Cayucos Sanitary
District Joint Powers Authority meeting as follows:
A. CONSENT CALENDAR
1. Minutes of June 15, 2006 Meeting — Recommend approve.
B. UNFINISHED BUSINESS
1. Status Report of NPDES Permit Renewal Process (Keogh) -Recommend receive
and file.
2. Consideration and Approval of an Amendment to the Contract for the Facility
® Master Plan (Keogh) -Recommend approve.
3. Presentation by Carollo Engineers on the Facility Master Plan, Chapter 6 -
Regulations, Chapter 7 - Rehabilitation, and Chapter 3 - Flows and Loads
C. NEW BUSINESS
1. Discussion of Financial Plan for the W WTP Upgrade Process (Keogh)
2. Discussion of the Cost Apportionment for the Facility Master Plan (Keogh)
3. 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 6:00 p.m., and will be held at the
Community Center Multi Purpose Room, 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: August 17, 2006
Bridgett Ba�r, CityClerk
® 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 shalt 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 14, 2006
CLOSED SESSION — AUGUST 14, 2006
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
TRANSACTIONS. Instructing City's real property negotiator regarding the
price and terns of payment for the purchase, sale, exchange, or lease of real
property as to 2 parcels.
Property:. Lease Site 87188, The Outrigger.
Negotiating Parties: City and Leage.
Negotiations: Lease Terms and Conditions
Property: Lease Site 86, The Fishbowl.
Negotiating Parties: City and Caldwell
Negotiations: Lease Terms and Conditions..
IT IS NOTED THAT THE CONTENTS OF CLOSED SESSION MEETINGS
ARE CONFIDENTIAL AND EXEMPT FROM DISCLOSURE.
® PUBLIC SESSION — AUGUST 14, 2006
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
40
approved without discussion.
A-1 APPROVAL OF MINUTES. FOR THE REGULAR CITY COUNCIL
MEETINGS OF JUNE 26, 2006 AND JULY 10, 2006; (ADMINISTRATION)
® RECOMMENDATION: Approve as submitted.
A-2 INVESTMENT REPORT AS OF JUNE 30, 2006; (FINANCE)
RECOMMENDATION: Receive report for information.
A-3 RESOLUTION NO. 38-06 ESTABLISHING ANNUAL PROPOSITION 4
APPROPRIATIONS LIMIT FOR FISCAL YEAR 2006-07; (FINANCE)
RECOMMENDATION: Adopt Resolution No. 38-06.
A4 ORDINANCE NO. 519 ADDING CHAPTER 3.22 TO THE MORRO BAY
MUNICIPAL CODE ESTABLISHING A TRANSACTIONS AND USE TAX
TO BE ADMINISTERED BY THE STATE BOARD OF EQUALIZATION -
FIRST READING/INTRODUCTION; (CITY ATTORNEY)
RECOMMENDATION: Approve first reading and introduction of Ordinance
No. 519.
A-5 PUBLIC SERVICES DEPARTMENT REORGANIZATION; (PUBLIC
SERVICES)
® RECOMMENDATION: This item has been pulled from the agenda.
A-6 RESOLUTION NO. 40-06 DECLARING AN EMERGENCY CONDITION
EXISTS REGARDING THE FISHING VESSEL SUSAN DIANE AND
AUTHORIZING THE IMMEDIATE EXPENDITURE OF PUBLIC MONEY
TO SAFEGUARD PUBLIC HEALTH AND SAFETY; (HARBOR)
RECOMMENDATION: Adopt Resolution No. 40-06.
A-7 CONTINUANCE OF EMERGENCY CONDITIONS REGARDING THE
CONDITION OF THE MORRO BAY FIRE STATION; (PUBLIC SERVICES)
RECOMMENDATION: Review the actions and determine, by at least 4/5 vote,
that there is the need to continue the emergency declaration.
B. PUBLIC HEARINGS. REPORTS & APPEARANCES
B-1 ORDINANCE NO. 520 ADDING SECTION 5.47 TO THE MORRO BAY
MUNICIPAL CODE REGULATING SHORT-TERM VACATION RENTALS;
(FIRST READING/INTRODUCTION)
® RECOMMENDATION: Approve fast reading and introduction of Ordinance No.
520.
® B-2 REQUEST FOR TENTATIVE TRACT MAP, VARIANCE, CONDITIONAL
USE AND COASTAL DEVELOPMENT PERMITS FOR PROPOSED 7-LOT
COMMUNITY HOUSING PROJECT ON THE WEST SIDE OF SUNSET
AVENUE BETWEEN ATASCADERO ROAD AND HILL STREET; (PUBLIC
SERVICES)
RECOMMENDATION: Accept the recommendation of the Planning
Commission by adopting the Mitigated Negative Declaration, and approve
the project.
B-3 APPEAL OF PLANNING COMMISSION DENIAL TO AMEND THE MDC;D-
USE PORTION OF THE PROJECT LOCATED AT 555 MAIN STREET;
(PUBLIC SERVICES)
RECOMMENDATION: Consider the Government Code and issue raised in the
appeal, and uphold the Planning Commission's determination and deny the
appeal.
B-4 REQUEST . FOR CONDITIONAL USE PERMIT AND COASTAL
DEVELOPMENT PERMIT APPROVAL FOR THE CONSTRUCTION OF A
19-SPACE RECREATIONAL VEHICLE PARK AT 210 ATASCADERO
ROAD; (PUBLIC SERVICES)
® RECOMMENDATION: Accept the recommendation of the Planning
Commission by adopting the Mitigated Negative Declaration, and approve
the proposed project.
B-5 RESOLUTION NO. 39-06 ADOPTING AN INTERIM WASTEWATER RATE
INCREASE; (PUBLIC SERVICES)
RECOMMENDATION: Adopt Resolution No. 39-06.
C. UNFINISHED BUSINESS —NONE.
D. NEW BUSINESS
D-I SELECTION OF VOTING DELEGATE AND ALTERNATE AT THE
LEAGUE OF CALIFORNIA CITIES ANNUAL CONFERENCE BUSINESS
MEETING; (ADMINISTRATION)
RECOMMENDATION: Discuss and direct staff accordingly.
E. ADJOURNMENT
L, i
® 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.
L�
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 — AUGUST 14, 2006
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 Winholtz and
unanimously carried. (5-0)
Mayor Peters read the Closed Session Statement.
is CS-1 GOVERNMENT CODE SECTION 54957.6: CONFERENCE
CS-2
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.
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 2 parcels.
• Property: Lease Site 87/88, The Outrigger.
Negotiating Parties: City and Leage.
Negotiations: Lease Terms and Conditions
• Property: Lease Site 86, The Fishbowl.
Negotiating Parties: City and Caldwell
Negotiations: Lease Terms and Conditions.
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 Baxley and unanimously carried. (5-0)
The meeting adjourned at 5:45 p.m.
® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING —AUGUST 14, 2006
VETERANS MEMORIAL HALL - 6:00 P.M.
11
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
Jamie Boucher
Rick Algert
Bruce Ambo
Bill Boucher
John DeRohan
Rachel Grossman
Mike Pond
Mike Prater
Susan Slayton
City Manager
Assistant City Manager
City Attorney
Deputy City Clerk
Harbor Director "
Public Services Director
Capital Projects Manager
Police Chief
Assistant Planner
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.
PUBLIC COMMENT
Garry Johnson expressed concern with the lack of recycling that he finds on the
Embarcadero while picking up trash.
Keith Taylor, Friends of the Morro Bay Fire Department, announced a fundraiser dinner
in support of Measure Q — Save Our Services, would be held on August 16, 2006 at
Rose's Landing.
Betty Forsythe and Hank Roth, Friends of the Library, thanked those who participated in
the recent book sale. They said the funds will go towards the purchase of books, and
noted the next book sale is scheduled for November 4, 2006.
R
® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING —AUGUST 14, 2006
Susan Heinemann expressed concern with the proposed sales tax increase and the
wastewater rate increase, and stated the difference between the City needing more money
and citizens needing more money is that citizens have no where to go to get more and
have to budget to make ends meet. She said the City should live within its means and
become more fiscally responsible, and urged a "no" vote on Measure Q.
Michael Durick announced the formation of a new organization in town called "Fiscal
Responsibility for Morro Bay". He said their first objective is to educate the public with
regard to the City's finances and spending, and will work hard to defeat Measure Q.
Nancy Johnson stated the Dahlia is the official flower for Morro Bay, and a celebration of
the Dahlia would be held on August 18, 2006 at the Morro Bay Library.
Scott O'Keefe shared information on electric bikes, and noted he has a loaner program so
people can try out one of his bikes as an alternative use of transportation.
Ken Vesterfelt stated at the last Rotary Club meeting, the proceeds from the Cruisin'
Morro Bay Car Show were distributed to the Rotary Club, the Chamber of Commerce
® and the Morro Bay Police Explorers. who received $7,000 each. He discussed the
importance of generating revenue and expressed support for Measure Q.
Ed Sylvester stated both Morro Bay and Los Osos have outfall problems, and asked if
there is any way to sterilize the water through the Morro Bay Power Plant and use it for
agricultural land.
Mayor Peters closed the hearing for public comment.
DECLARATION OF FUTURE AGENDA ITEMS
Councilmember Winholtz requested to agendize: 1) a discussion on SB 1818 list of
required development concessions; and, 2) a report on the City's liability claims
administration; Councilmember DeMeritt and Mayor Peters concurred.
Councilmember Peirce requested to agendize the consideration of trolley stops and a
review of the trolley routes; Councilmember DeMeritt and Mayor Peters concurred.
Councilmember DeMeritt requested to agendize the discussion on the View Shed
Protection Ad -Hoc Committee work program; Councilmember Winholtz and Mayor
Peters concurred.
c
® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING —AUGUST 14, 2006
Mayor Peters requested to agendize: 1) the review of City policies regarding use of City
restroom facilities at permitted special events; Councilmember Baxley and
Councilmember Winholtz concurred; 2) the consideration of City Council review of State
and local ballot propositions; Councilmember DeMeritt concurred; and 3) the review of
Mobile Rent Control Ordinance regarding ownership conversion and residency
requirements; Councilmember Peirce and 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 REGULAR CITY COUNCIL
MEETINGS OF JUNE 26, 2006 AND DULY 10, 2006; (ADMINISTRATION)
RECOMMENDATION: Approve as submitted
A-2 INVESTMENT REPORT AS OF JUNE 30, 2006; (FINANCE)
® RECOMMENDATION: Receive report for information.
A-3 RESOLUTION NO. 38-06 ESTABLISHING ANNUAL PROPOSITION 4
APPROPRIATIONS LIMIT FOR FISCAL YEAR 2006-07; (FINANCE)
RECOMMENDATION: Adopt Resolution No. 38-06.
A4 ORDINANCE NO. 519 ADDING CHAPTER 3.22 TO THE MORRO BAY
MUNICIPAL CODE ESTABLISHING A TRANSACTIONS AND USE TAX
TO BE ADMINISTERED BY THE STATE BOARD OF EQUALIZATION -
FIRST READING/INTRODUCTION; (CITY ATTORNEY)
RECOMMENDATION: Approve first reading and introduction of Ordinance
No. 519.
A-5 PUBLIC SERVICES DEPARTMENT REORGANIZATION; (PUBLIC
SERVICES)
RECOMMENDATION: This item has been pulled from the agenda.
11
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — AUGUST 14, 2006
A-6 RESOLUTION NO. 40-06 DECLARING AN EMERGENCY CONDITION
EXISTS REGARDING THE FISHING VESSEL SUSAN DIANE AND
AUTHORIZING THE IMMEDIATE EXPENDITURE OF PUBLIC MONEY
TO SAFEGUARD PUBLIC HEALTH AND SAFETY; (HARBOR)
RECOMMENDATION: Adopt Resolution No. 40-06.
A-7 CONTINUANCE OF EMERGENCY CONDITIONS REGARDING THE
CONDITION OF THE MORRO BAY FIRE STATION; (PUBLIC SERVICES)
RECOMMENDATION: Review the actions and determine, by at least 4/5 vote,
that there is the need to continue the emergency declaration.
Councilmember DeMeritt pulled Items A-2 and A-7 from the Consent Calendar;
Councilmember Winholtz pulled Items A-4 and A-6.
MOTION: Councilmember Winholtz moved the City Council approve Items A-1 and
A-3 of the Consent Calendar. The motion was seconded by
® Councilmember Baxley and carried unanimously. (5-0)
A-2 INVESTMENT REPORT AS OF JUNE 30, 2006; (FINANCE)
Councilmember DeMeritt requested clarification on how the Local Agency Investment
Fund (LAIF) works and why there was a net decrease in this report.
Finance Director Susan Slayton responded the LAIF is a state pool that is open to all
cities and some special districts. The City can contribute into the pool, which is invested
into a diverse portfolio to maximize earning potential, and you can draw from the pool to
manage cash flow. This month's draw was to prepay the State Water Contract.
MOTION: Councilmember DeMeritt 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-4 ORDINANCE NO. 519 ADDING CHAPTER 3.22 TO THE MORRO BAY
MUNICIPAL CODE ESTABLISHING A TRANSACTIONS AND USE TAX
TO BE ADMINISTERED BY THE STATE BOARD OF EQUALIZATION -
SECOND READING/ADOPTION; (CITY ATTORNEY)
Councilmember Winholtz asked for clarification on Section 3.22.130 (Amendments).
® City Attorney Robert Schultz responded any amendments would have to be made by the
public.
5
® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING —AUGUST 14, 2006
Councilmember DeMeritt requested amendments to Section 3.22.120 (Citizens Oversight
Committee).
MOTION: Councilmember DeMeritt moved the City Council amend Section
3.22.120 to strengthen the language of the Citizens Oversight Committee;
to change the review period in Sections (A) and (E) from annually to
semi-annually; Section (E) change the language that the review will not be
later than the last day of the sixth month and the twelfth month; Section
(B) the Committee shall have five citizen -members appointed by the City
Council with a term of six years with the initial appointment of three
members with a term of three years and two members with a term of six
years. The motion was seconded by Councilmember Winholtz and carried
with Councilmember Baxley voting no. (4-1)
MOTION: Councilmember DeMeritt moved the City Council approve Item A4 of
the Consent Calendar as amended. The motion was seconded by
Councilmember Peirce and carried with Councilmember Winholtz voting
Mayor Peters called for a break at 7:15 p.m.; the meeting resumed at 7:25 p.m.
A-6 RESOLUTION NO. 40-06 DECLARING AN EMERGENCY CONDITION
EXISTS REGARDING THE FISHING VESSEL SUSAN DIANE AND
- AUTHORIZING THE IMMEDIATE EXPENDITURE OF PUBLIC MONEY
TO SAFEGUARD PUBLIC HEALTH AND SAFETY; (HARBOR)
Councilmember Winholtz expressed concern with the events that led up to the sinking of
this boat. She requested the Harbor Department return with a statement on the lessons
learned from this incident and what steps are being taken to remedy the process.
MOTION: Councilmember Winholtz 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-7 CONTINUANCE OF EMERGENCY CONDITIONS REGARDING THE
CONDITION OF THE MORRO BAY FIRE STATION; (PUBLIC SERVICES)
Councilmember DeMeritt asked for clarification on the relocation of the Fire Department.
MOTION: Councilmember DeMeritt moved the City Council approve Item A-7 of
® the Consent Calendar. The motion was seconded by Councilmember
Winholtz and carried unanimously. (5-0)
® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — AUGUST 14, 2006
B. PUBLIC HEARINGS. REPORTS & APPEARANCES
B-1 ORDINANCE NO. 520 ADDING SECTION 5.47 TO THE MORRO BAY
MUNICIPAL CODE REGULATING SHORT-TERM VACATION RENTALS;
(FIRST READINGANTRODUCTION)
City Attorney Robert Schultz stated the primary intent of this ordinance is to make sure
that vacation rentals are paying Transient Occupancy Tax. The ordinance will regulate
short-term vacation rentals by requiring a permit if renting a dwelling unit in a residential
zoning district for a period of seven to 30 consecutive days. In addition, the ordinance
has requirements in order to safeguard the peace, safety and general welfare of the
residents of Morro Bay and their visitors and -guests by eliminating noise, vandalism and
overcrowding. Mr. Schultz recommended the City Council accept public comment and
then move for introduction for first reading of Ordinance No. 520 by number and title
only, adding Morro Bay Municipal Code Section 5.47 entitled Short -Term Vacation
Rental Permit.
® Mayor Peters opened the hearing for public comment.
Michael Durick stated there are three vacation rentals surrounding his home. He said the
property owners and real estate agents who handle vacation rentals should be held
responsible for the tenants they rent to. Mr. Durick stated the City should impose a much
higher licensing fee because there is a lot of profit in this business.
Nancy Johnson stated she owns a vacation rental and their management agency pays the
transient occupancy to the City for their rental. She said some of the regulations noted in
this proposed ordinance should be directed to all homeowners.
Garry Johnson stated the penalties should be directed towards those that do not regulate
their rentals. He said noise and parking issues are not only caused by vacation home
renters.
Wanda Durick stated many owners of vacation rentals live out of town, and they should
be held responsible for these rentals.
Mayor Peters closed the public comment hearing.
The City Council discussed amendments to this proposed ordinance, and directed staff to
return to Council with a revised ordinance.
u
® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING —AUGUST 14, 2006
B-2 REQUEST FOR TENTATIVE TRACT MAP, VARIANCE, CONDITIONAL
USE AND COASTAL DEVELOPMENT PERMITS FOR PROPOSED 7-LOT
COMMUNITY HOUSING PROJECT ON THE WEST SIDE OF SUNSET
AVENUE BETWEEN ATASCADERO ROAD AND HILL STREET; (PUBLIC
SERVICES)
Senior Planner Mike Prater stated on June 19, 2006, the Planning Commission considered
the proposed application at a regularly scheduled public hearing. After considering
public testimony, the Commission moved to recommend to the City Council to grant
approval of the application and Tract Map. This proposal would create seven residential
parcels with two open space parcels. The Planning Commission added the conditions to
extend the curb, gutter, and sidewalk to connect to the former Shell station property, and
record an easement agreement for access to the neighboring property to the north that
would dissolve if the neighboring site were further developed with more intense uses.
Mr. Prater recommended the City Council accepf the recommendation of the Planning
Commission by adopting the Mitigated Negative Declaration and approve the project.
Greg Ravatt, architect representing the applicant, presented a slide show of the proposed
® project. He said this project is to be built as a market -rate affordable community housing
project with smaller houses that will be more compact and will limit the sale price. He
said this project is being built based on Green Building Standards. Mr. Ravatt stated the
total open space area equals 7,000 square feet with at least half being usable that is
located in a configuration that benefits all of the residents. He said the landscaping
would be drought -tolerable.
Mayor Peters opened the hearing for public comment.
The following people expressed opposition to this project based on issues relating to
density, infiwtructure, access issues, and lack of common open space: Roger Ewing,
Nora Pena-Klenner, Kimberly Klenner, Dorothy Cutter, Michael Durick, Katherine
Klenner, and Jeff O'Dell.
John Gregg stated his father-in-law once owned most of the lots on Sunset Avenue, and
he shared some history on the sale of these lots. He said each lot has a potential of
building three units per lot.
Danny Pena stated he has met with Cameron Financial on several occasions to discuss the
purchase of this property, and has never received an offer or a letter of intent.
Mayor Peters closed the public comment hearing.
is concern
Baxley stated he likes the green aspect of the project. He said his main
concern with this project is the lack of open space.
E
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — AUGUST 14, 2006
Councilmember Winholtz stated she supports maintaining the maximum density of the
project site with smaller units; however, she does not support the lack of open space. She
said she would like the height limit to be maintained at the 25-foot height limit.
Councilmember Winholtz stated the design does not fit the lot and the applicant should
consider a redesign with the units being attached.
Councilmember Peirce stated he likes the green aspect of the project. He said the project
would be more appealing if it offered more open space.
Councilmember DeMeritt expressed concern with the lack of open space. She said there
is no guest parking and the lot is too small for what is being proposed. Councilmember
DeMeritt also addressed potential traffic problems on Sunset Avenue.
Mayor Peters expressed concern with the lack of guest parking, and the applicant should
consider placing parking spaces under the units.
MOTION: Councilmember DeMeritt moved the City Council deny the request for a
Tentative Tract Map, Variance, Conditional Use and Coastal Development
Permits for Proposed 7-Lot Community Housing Project on the West Side
of Sunset Avenue between Atascadero Road and Hill Street without
prejudice; and, request the applicant to return to the Planning Commission
with a revised project that meets the requirements. The motion was
seconded by Councilmember Winholtz and carried unanimously. (5-0)
Mayor Peters called for a break at 9:30 p.m.; the meeting resumed at 9:38 p.m.
B-3 APPEAL OF PLANNING COMMISSION DENIAL TO AMEND THE MDCED-
USE PORTION OF THE PROJECT LOCATED AT 555 MAIN STREET;
(PUBLIC SERVICES)
Senior Planner Mike Prater stated on August 8, 2005, the City Council approved 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 was also approved to develop the easterly lots with
commercial buildings with a specified commercial mix of 25 percent in conjunction with
a total of 14 one -bedroom apartment units with exceptions to parking standards. The
owner and applicant has requested an amendment to exercise an additional concession
that would alter the mix of commercial to residential uses to reduce the amount of
commercial space to 2,190 square feet from the approved 3,113 square feet while
increasing the number of residential units from the approved 14 units to 16 units. The
® applicant contends the project is financially infeasible and can only provide commercial
lease space subject to the demands within the City, which currently, in his opinion, has
VI
® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — AUGUST 14, 2006
excessive amounts of vacant commercial property available at this time. Mr. Prater
recommended the City Council consider the government code and issue raised in the
appeal, and uphold the Planning Commission's determination and deny the appeal.
Michael Coss, applicantlappellant, stated he is asking for his third concession based on
AB 1818 in order to alter the mix of commercial to residential uses to reduce the amount
of commercial space to 2,190 square feet from the approved amount of 3,113 square feet
while increasing the number of residential units from the approved 14 units to 16units, an
increase of two one -bedroom units. He said he receives calls monthly fiom people who
are looking for affordable housing, and the best use for this project would be to provide
affordable housing for seniors and/or those who require handicap -accessible housing.
Mayor Peters opened the hearing for public comment.
Norm McTaggart stated he lives by this project and has been opposed to it since its
inception. He expressed concern with the lack of open space and parking. Mr. McTaggart
stated the applicant has received two concessions and should not be given another.
Ken Vesterfelt stated there are many empty commercial spaces in the City, and a need for
® more one -bedroom apartments.
Dorothy Cutter stated this project should maintain the commercial space to assist with the
City's tax -base. She said commercial businesses should be encouraged and perhaps
commercial rents should be lowered.
Mayor Peters closed the public comment hearing.
Councilmember Peirce stated he is not too confident that the City is going to have a
shortage of commercial spaces in the near future. He said there is a need for one -
bedroom apartments in Morro Bay, and he is willing to consider this concession.
Councilmember DeMeritt stated the City Council approved this project with 25%
commercial usage, and wait for two years. She expressed concern that the project is not
even built and the applicant is looking for another concession.
Councilmember Winholtz stated originally she came down from 50% commercial usage
to 25%, and is not willing to reduce the commercial usage to 18%. She said this project
is surrounded by commercial buildings, and not zoned strictly residential.
Councilmember Winholtz stated she cannot support this concession.
Councihnember Baxley stated he would consider a reasonable concession to allow for
® more single -bedroom apartments.
10
® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING —AUGUST 14, 2006
Mayor Peters stated the community needs affordable housing. She said the units on Main
Street will remain commercial, and the additional units will be towards the back of the
property. Mayor Peters stated the applicant is due one more concession, and he will be
meeting the demands of the community by providing small affordable housing close to
downtown.
MOTION: Councilmember Baxley moved the City Council support the appeal to
amend the mixed -use portion of the project located at 555 Main Street by
altering the mix of commercial to residential uses to reduce the amount of
commercial space to 2,190 square feet from the approved 3,113 square
feet while increasing the number of residential units from the approved 14
units to 16 units, an increase of two one -bedroom units. The motion was
seconded by Councilmember Peirce and carried with Councilmember
DeMeritt and Councilmember Winholtz voting no. (3-2)
B-4 REQUEST FOR CONDITIONAL USE PERMIT AND COASTAL
_DEVELOPMENT PERMIT APPROVAL FOR THE CONSTRUCTION OF A
19-SPACE RECREATIONAL VEHICLE PARK AT 210 ATASCADERO
® ROAD; (PUBLIC SERVICES)
Assistant Planner Rachel Grossman stated the Planning Commission reviewed this
proposed project at their May 15 and June 5, 2006 regular meetings. The reason this
project is before the City Council is a result of the zoning and size of the project site. The
site is designated and zoned for Commercial Visitor -Serving uses, and also has.a Planned
Development Overlay. This proposed project would provide a 19-space Recreational
Vehicle (RV) Park designed to serve small and -medium sized RVs, tent trailers and tents.
A manager's unit would be provided to allow for an on -site manager and two guest
amenity buildings would be provided that would include the manager's office, laundry
room, men's and women's showers and restrooms. Each RV space would have full
water, sewer, power, and cable TV hook-ups, but would be "highway ready," as required
by FEMA and the City's Flood Damage Prevention Ordinance. As a visitor -serving
Recreational Vehicle Park, the proposed project furthers General Plan and Local Coastal
Plan goals and complies with applicable zoning regulations. The project would provide
an additional low cost visitor serving facility within the City and would better utilize
currently underutilized lots. Provided all mitigation measures included within the
Mitigated Negative Declaration are incorporated into project construction, the proposed
project would not have a significant adverse effect on the environment. Ms. Grossman
recommended the City Council accept the recommendation of the Planning Commission
by adopting the Mitigated Negative Declaration and approve the proposed project.
Cathy Novak, representing the applicant, stated the project architect has thoughtfiilly
® designed a 19-space Recreational Vehicle Park with a group picnic area, restrooms and
laundry facilities that has mid -range RV units, tent trailers and tent campers in mind.
11
® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING —AUGUST 14, 2006
This park provides an additional opportunity to enhance visitor -serving uses in a location
that currently caters to the overnight tourist. The project will use modular units for the
office, laundry, restroom and shower facilities, and have been intentionally designed and
will be constructed to emulate a residential style building. The architect has designed the
project to cite the buildings at the rear of the property that will be approximately 300 feet
from Atascadero Road, and incorporated a screening fence and landscaping to soften the
park appearance. A former two car garage was converted into a studio unit several years
ago, and this project proposes to convert the studio back to a two car garage with storage
to serve the existing residence and conform to City standards. This applicant has
voluntarily proposed a couple of important project conditions that have been incorporated
in the Conditional Use Permit and Coastal Development Permit which are prohibition of
permanent residency, an on -site manager, and the maximum length of stay is limited to
30 continuous days or a total of 90 days per year with a minimum 30 day vacancy
between stays.
Mayor Peters opened the hearing for public comment.
® Michael Durick stated this is a great location for an RV Park but when looking at the site,
it is too dense to be an asset to the City. He said the site is not big enough for 19 RV's,
and tent camping will not happen on asphalt or gravel.
Joe Wallich stated the sprawl of Silver City type RV parks is continuing towards the
ocean, which is not much of a vision for the future. He said this project violates the
Local Coastal Plan density requirements for RV parks reducing the required space by
40% and potentially setting a precedent for future RV park development. Mr. Wallich
stated the reduction in space per unit is aesthetically unpleasant and will also create
logistical problems for RV units, which are huge and hard to maneuver. He requested the
City Council not consider this project until the applicant resolves the violations of his RV
Park across the street and meet the minimum standards imposed.
Mayor Peters closed the public comment hearing.
MOTION: Councilmember Winholtz moved the City Council deny this project. The
motion was seconded by Councilmember DeMeritt and failed with
Councilmember Baxley, Councilmember Peirce and Mayor Peters voting
no. (2-3)
MOTION: Councilmember DeMeritt moved the City Council deny this project
application without prejudice. The motion was seconded by
Councilmember Winholtz and failed with Councilmember Baxley,
® Councilmember Peirce and Mayor Peters voting no. (2-3)
12
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — AUGUST 14, 2006
MOTION: Councilmember Baxley moved the City Council accept the
recommendation of the Planning Commission by adopting the Mitigated
Negative Declaration and approve the proposed project with the addition
of Condition #48. The motion was seconded by Councilmember Peirce
and carried with Councilmember DeMeritt and Councilmember Winholtz
voting no. (3-2)
B-5 RESOLUTION NO. 39-06 ADOPTING AN INTERIM WASTEWATER RATE
INCREASE; (PUBLIC SERVICES)
This item was continued to the August 28, 2006 City Council meeting.
C. UNFINISHED BUSINESS — NONE.
D. NEW BUSINESS
D-I SELECTION OF VOTING DELEGATE AND ALTERNATE AT THE
LEAGUE OF CALIFORNIA CITIES ANNUAL CONFERENCE BUSINESS
MEETING; (ADMINISTRATION)
MOTION: Councilmember Peirce moved the City Council select Councilmember
DeMeritt as the City's voting delegate at the League of California Cities
Annual Conference Business Meeting. The motion was seconded by
Councilmember Baxley and carried unanimously. (5-0)
ADJOURNMENT
The meeting adjourned at 11:00 p.m.
Recorded by:
Jamie Boucher
Deputy City Clerk
13
® City of Morro Bay
Morro Bay, CA 93442
(805)772-6200
CITY OF MORRO BAY
CITY COUNCIL
NOTICE OF CANCELED ME
THE REGULAR CITY COUNCIL MEETING
SCHEDULED FOR
MONDAY, JULY 245 2006
HAS BEEN CANCELED
The next regularly scheduled meeting will be held on
Monday, August 14, 2006, 6:00 p.m., Veterans Hall.
FINANCE ADMINISTRATION
595 Harbor Street 595 Harbor Street
HARBOR DEPT.
1275 Embareadero Road
CITY ATTORNEY
955 Shasta Avenue
FIRE DEPT.
715 Harbor Street
POLICE DEPT.
870 Morro Bay Boulevard
PUBLIC SERVICES
955 Shasta Avenue
RECREATION & 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 — JULY 10, 2006
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 RESOLUTION NO. 32-06 CALLING A GENERAL MUNICIPAL ELECTION
AND REQUESTING CONSOLIDATION WITH THE COUNTY OF SAN LUIS
OBISPO; (ADMINISTRATION)
RECOMMENDATION: Adopt Resolution No. 32-06.
A-2 RESOLUTION NO. 37-06 SUBMITTING TO THE VOTERS TWO BALLOT
MEASURES AT THE GENERAL MUNICIPAL ELECTION;
(ADMINISTRATION)
RECOMMENDATION: Adopt Resolution No. 37-06.
® A-3 RESOLUTION NO. 31-06 ADOPTING THE NATIONAL INCIDENT
MANAGEMENT SYSTEM; (FIRE)
RECOMMENDATION: Adopt Resolution No. 31-06.
A-4 APPROVAL OF CONTRACT WITH SAN LUIS OBISPO COUNTY FOR
CROSS -CONNECTION INSPECTION SERVICES; (PUBLIC SERVICES)
RECOMMENDATION: Approve a New Contract for Cross -Connection
Inspection Services with the County of San Luis Obispo Public Health
Department.
A-5 RESOLUTION NO. 34-06 APPROVING AMENDMENT #3 TO THE LEASE
AGREEMENT FOR LEASE SITE 87-88/87W-88W, LOCATED AT 833
EMBARCADERO; (HARBOR)
RECOMMENDATION: Adopt Resolution No. 34-06.
11
2
A-6 RESOLUTION NO. 35-06 APPROVAL FOR THE CITY OF MORRO BAY TO
® ENTER INTO A GRANT AGREEMENT WITH THE DEPARTMENT OF
BOATING AND WATERWAYS FOR STATE PARK MARINA PLANNING;
(HARBOR)
RECOMMENDATION: Adopt Resolution No. 35-06.
A-7 RESOLUTION NO. 36-06. REAFFIRMING INVESTMENT OF MONIES IN
THE LOCAL AGENCY INVESTMENT FUND AND DESIGNATE
TRANSACTION OFFICERS; (FINANCE)
RECOMMENDATION: Adopt Resolution No. 36-06.
A-8 CONTINUANCE OF EMERGENCY CONDITIONS REGARDING THE
CONDITION OF THE MORRO BAY FIRE STATION
RECOMMENDATION: Review the actions and determine, by at least 4/5 vote,
that there is the need to continue the emergency declaration.
B. PUBLIC HEARINGS, REPORTS & APPEARANCES
B-1 RESOLUTION NO. 33-06 ORDERING PLACED ON THE BALLOT A SALES
TAX INITIATIVE; (ADMINISTRATION)
® RECOMMENDATION: Adopt Resolution No. 33-06.
C. UNFINISHED BUSINESS
C-1 CONSIDERATION OF MORATORIUM ON SINGLE FAMILY RESIDENCES
IN COMMERCIAL AND MDG D-USE AREAS; (CITY COUNCIL)
RECOMMENDATION: Discuss and direct staff accordingly.
C-2 CONSIDERATION OF CALENDARING FUTURE COUNCIL DISCUSSION;
(ADMINISTRATION)
RECOMMENDATION: Discuss and direct staff accordingly.
D. NEW BUSINESS
I� ' ;i:��:1►�1I�]�f:3'�Ii.Y;ta +11/�l7
RECOMMENDATION: Receive presentation for information.
D-2 CONSIDERATION OF SLIP FEE ADJUSTMENT AND HOW IT AFFECTS
THE HARBOR DEPARTMENT BUDGET; (HARBOR)
® RECOMMENDATION:
Discuss and direct staff accordingly.
3
D-3 DISCUSSION ON POTENTIAL FUNDING FOR THE NEW FUTURES
COMMI"I'tEE; (CITY COUNCIL)
RECOMMENDATION: Discuss and direct staff accordingly.
mmms • I: ►I —'
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.
El
11
® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — JULY 10, 2006
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
Susan Slayton
Finance Director
® ESTABLISH QUORUM AND CALL TO ORDER
MOMENT OF SILENCE
PLEDGE OF ALLEGIANCE
MAYOR'S REPORTS & ANNOUNCEMENTS
CLOSED SESSION REPORT — There was no Closed Session to report on.
PUBLIC COMMENT
Henrietta Groot referred to the organization Coastal Alliance Against Plant Expansion
(CAPE) and noted the efforts of this group and their long battle with Duke Energy on the
power plant expansion and it's proposed cooling system. She stated the proposed shorter
smoke stacks would cause more particulate matter to rain down on the community and
create serious health problems. Ms. Groot requested LS Power consider their
environmental responsibility by using an alternative cooling system for the new plant.
Jeff O'Dell addressed Item A-2 (Resolution No. 37-06 Submitting to the Voters Two
Ballot Measures at the General Municipal Election) and referred to the initiative on
filling a council vacancy. He noted he advised the City Council in 2002 on this same
option, and requested the Council adopt this ordinance. Mr. O'Dell did state he does not
support the other initiative to hold a primary election, and it should be placed on the
ballot.
® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — JULY 10, 2006
The following people requested Council consideration of Item D-3 (Discussion on
Potential Funding for the New Futures Committee): Bill Neumann, Julie Tacker, Michael
Lucas, Patti Dunton and Rick Sauerwein.
Ellen Jewette announced the Morro Bay Embarcadero Art Walk that would be held by all
of the galleries in town on the 2°d Friday of each month from 5-8 p.m.
Rick Grantham addressed Item 13-1 (Resolution Ordering Placed on the Ballot a Sales
Tax Initiative) and stated this is an insurance policy for the public safety of the City.
Susan Brown, MV Transportation, encouraged the use of Dial -A -Ride's door-to-door
service. She noted there would be a promotion in August 2006.
Gary Ream announced there would be a book signing for the historical "Images of
America, Morro Bay" on July 15, 2006 at Carla's Country Kitchen.
Betty Forsythe, Friends of the Library, announced "Christmas in July" would be held on
® July 22, 2006 at the Morro Bay Library.
Keith Taylor, Friend of the Morro Bay Fire Department, expressed support for the
proposed sales tax initiative, and requested the City Council focus on the priorities listed
in the surveys provided by the citizens of Morro Bay.
Marla Bruton stated there was no posting of a pending coastal permit for the removal of
toxic waste at the Texaco site on Main Street. She said she would like to see a
development plan for this property.
Joey Racano, Ocean Outfall Group, announced there would be a "Talk About the Bay"
meeting on September 2, 2006 at the Veterans' Memorial Building.
Beverly Polocoff addressed the second hand smoke at the Otter Rock Cafe. She said she
will draft an ordinance prohibiting second hand smoke in public places.
Ken Vesterfelt stated there would be an Antique Car Show on August 5, 2006 at the
Albertson's Shopping Center and also on August 6d' at the Merchants Faire. He also
expressed support for the proposed sales tax increase and the two citizen initiative
measures.
John Barta addressed Item A-2 and discussed the process of gathering signatures and how
many people are in support of the two initiatives.
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — JULY 10, 2006
Brian Starr expressed concern with Item C-1 (Consideration of Moratorium on Single
Family Residences in Commercial and Mixed -Use Areas), and asked the City what
finding would support this moratorium and how residential housing on Main Street could
cause a threat of public health, safety and welfare to the community.
George Shandliss also expressed concern with Item C-1 noting the owner of the San Luis
Paint property on Main Street is in escrow to move this business to the Denny's property
on Quintana Road, and will be unable to follow through if the property on Main Street is
not allowed to build four residential homes.
Ken James referred to the comment on smoking at Otter Rock, and stated everyone has a
right to go to an establishment where they are most comfortable, and if they are not
comfortable they should go elsewhere.
Mayor Peters closed the hearing for public comment.
Mayor Peters called for a break at 7:30 p.m.; the meeting resumed at 7:42 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 - RESOLUTION NO. 32-06 CALLING A GENERAL MUNICIPAL ELECTION
AND REQUESTING CONSOLIDATION WITH THE COUNTY OF SAN LUIS
OBISPO; (ADMINISTRATION)
RECOMMENDATION: Adopt Resolution No. 32-06.
A-2 RESOLUTION NO. 37-06 SUBMITTING TO THE VOTERS TWO BALLOT
MEASURES AT THE GENERAL MUNICIPAL ELECTION; .
(ADMINISTRATION)
RECOMMENDATION: Adopt Resolution No. 37-06.
A-3 RESOLUTION NO. 31-06 ADOPTING THE NATIONAL INCIDENT
MANAGEMENT SYSTEM; (FIRE)
® RECOMMENDATION: Adopt Resolution No. 31-06.
® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — JULY 10, 2006
A4 APPROVAL OF CONTRACT WITH SAN LUIS OBISPO COUNTY FOR
CROSS -CONNECTION INSPECTION SERVICES; (PUBLIC SERVICES)
RECOMMENDATION: Approve a New Contract for Cross -Connection
Inspection Services with the County of San Luis Obispo Public Health
Department.
A-5 RESOLUTION NO. 34-06 APPROVING AMENDMENT #3 TO THE LEASE
AGREEMENT FOR LEASE SITE 87-88/87W-88W, LOCATED AT 833
EMBARCADERO; (HARBOR)
RECOMMENDATION: Adopt Resolution No. 34-06.
A-6 RESOLUTION NO. 35-06 APPROVAL FOR THE CITY OF MORRO BAY TO
ENTER INTO A GRANT AGREEMENT WITH THE DEPARTMENT OF
BOATING AND WATERWAYS FOR STATE PARK MARINA PLANNING;
(HARBOR)
® RECOMMENDATION: Adopt Resolution No. 35-06.
Ell
A-7 RESOLUTION NO. 36-06 REAFFIRMING INVESTMENT OF MONIES IN
THE LOCAL AGENCY INVESTMENT FUND AND DESIGNATE
TRANSACTION OFFICERS; (FINANCE)
RECOMMENDATION: Adopt Resolution No. 36-06.
A-8 CONTINUANCE OF EMERGENCY CONDITIONS REGARDING THE
CONDITION OF THE MORRO BAY FIRE STATION
RECOMMENDATION: Review the actions and determine, by at least 4/5 vote,
that there is the need to continue the emergency declaration.
Councilmember Winholtz pulled Items A-3, A-6 and A-7 from the Consent Calendar.
MOTION: Councilmember Winholtz moved the City Council approve the Consent
Calendar with the exception of Items A-3, A-6 and A-7. The motion was
seconded by Councilmember Peirce and carried unanimously. (5-0)
9
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — JULY 10, 2006
A-3 RESOLUTION NO. 31-06 ADOPTING THE NATIONAL INCIDENT
MANAGEMENT SYSTEM; (FIRE)
Councilmember Winholtz stated it appears there is a difference between state and federal
government regarding intelligence and information gathering, and asked Chief Pond how
the City will be handling this. She also asked if there would be more training required and
will the federal government pay for it.
Fire Chief Pond responded it will be identified within the City's system and utilized
accordingly. He also noted there is no funding through the federal government for training,
and the City will combine this training with the annual emergency management training.
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-6 RESOLUTION NO. 35-06 APPROVAL FOR THE CITY OF MORRO BAY TO
® ENTER INTO A GRANT AGREEMENT WITH THE DEPARTMENT OF
BOATING AND WATERWAYS FOR STATE PARK MARINA PLANNING;
(HARBOR)
r
Councilmember Winholtz asked for clarification on the funding for the Environmental
Impact Report.
Harbor Director Rick Algert responded funding was previously reserved in the Harbor
Fund for this project by the City Council; this is a part of that original funding.
MOTION: Councilmember Winholtz 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 RESOLUTION NO. 36-06 REAFFIRMING INVESTMENT OF MONIES IN
THE LOCAL AGENCY INVESTMENT FUND AND DESIGNATE
TRANSACTION OFFICERS; (FINANCE)
Councilmember Winholtz asked if it is typical for the Mayor to be designated as a
transaction officer. Finance Director Susan Slayton stated it is typical to have someone who
is not on staff to be a transaction officer.
W
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — JULY 10. 2006
MOTION: Councilmember Winholtz moved the City Council approve Item A-7 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. 33-06 ORDERING PLACED ON THE BALLOT A SALES
TAX INITIATIVE; (ADMINISTRATION)
City Manager Robert Hendrix stated the two most recent budgets of the City have been
extremely resource restricted. As a result, services have been reduced and staff
eliminated from the budgets. In response, the City Council directed staff to identify
alternatives for generating additional future revenue to address these needs. At the
December 8, 2005 meeting, staff presented to the City Council the consideration of a
revenue ballot measure to assist the City in funding current services and priority service
goals attainable with present revenue levels. A key element of this effort was polling
registered voter attitudes. The findings indicated that the City residents might support a
® y: cent local option sales tax measure. A %: cent sales tax increase would generate an
additional $700,000 annually. As a result, staff was directed to proceed with efforts
aimed at a proposed sales tax measure and present findings to the City Council for
consideration. Mr. Hendrix recommended the City Council adopt Resolution No. 33-06
ordering the submission to the qualified electors of the City a Measure relating to the
establishment of a local transaction and use tax (sales tax) at the General Municipal
Election on Tuesday, November 7, 2006.
El
Mayor Peters opened the hearing for public comment.
Stuart and Terry Dick, community volunteers for the Police Department, expressed
support for placing this sales tax initiative on the ballot.
Jeff O'Dell stated this measure seems rather broad and general, and should be more
specific on where financially the increase would be used.
Mayor Peters closed the public comment hearing.
Councilmember Baxley stated he is content with the Citizens' Oversight Committee, who
will meet six months after the fiscal year, and report to the electorate on whether the
Council said what they would do with the funds.
A
® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — JULY 10, 2006
Councilmember Winholtz stated she has concerns with the structure of the Citizens'
Oversight Committee and their intent. She said she supports a special tax that benefits
specific needs.
Councilmember Peirce stated it is not possible to have a special tax and have this
initiative pass by 50% plus 1. He said the Citizens' Oversight Committee is not an
advisory body, but a Committee who will critique what has been done and insure the
funds are being used the way they should be.
Councilmember DeMeritt stated she has concerns with the Citizens' Oversight
Committee, and noted the Finance Director should perform these duties. She said she
supports a special tax that restricts the revenue to. benefit the Fire Department and
infrastructure upgrades that directly affects the citizens' lives.
Mayor Peters stated the County as a whole, except Paso Robles, is feeling the affect of
the economy. She said the response cards show concerns with the Fire Department, Code
Enforcement Officer, storm drains and Recreation & Parks programs. Mayor Peters
® stated she supports each Council Member make a pledge of where the funds should go
based on the surveys received from the community.
El
MOTION: Councilmember Baxley moved the City Council adopt Resolution No. 33-
06 ordering the submission to the qualified electors of the City a Measure
relating to the establishment of a local transaction and use tax (sales tax) at
the General Municipal Election on Tuesday, November 7, 2006. The
motion was seconded by Councilmember Peirce and carried with
Councilmember Winholtz voting no. (4-1)
C. UNFINISHED BUSINESS
C-I CONSIDERATION OF MORATORIUM ON SINGLE FAMILY RESIDENCES
IN COMMERCIAL AND MMD-USE AREAS; (CITY COUNCIL)
City Attorney Robert Schultz stated this is an item requested by Councilmember
Winholtz. He presented a draft ordinance and noted it requires a 4/5 vote by Council; it
would be effective for 45 days and would need a public hearing to extend it for 10
months and 15 days.
Councilmember Winholtz shared pictures of single-family dwellings in mixed
residential/commercial zones on North Main Street, noting a moratorium is needed to
maintain the business district in this area.
11
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — JULY 10, 2006
Councilmember DeMeritt suggested the following amendments to Ordinance No. 518:
1) The second paragraph to read: "Whereas, the City of Mono Bay ("City")
currently allows Single Family Residential Projects in Mixed
Commercial/Residential (MCR) District between San Jacinto and Highway
41 subject to approval pursuant to Mono Bay Municipal Code 17.24.110.
2) Section 3 to read: "This Interim Urgency Ordinance shall not apply to any
application for Single Family Residential Projects in Mixed
Commercial/Residential (MCR) District where such application has been
submitted to Gity permitted by Staff prior to the effective date of this Interim
Urgency Ordinance and said application has a vested right by law.
MOTION:. Councilmember DeMeritt moved the City Council adopt Ordinance No.
518 with amendments. The motion was seconded by Councilmember
Winholtz and failed with Councilmember Baxley, Councilmember Peirce
and Mayor Peters voting no. (2-3)
® C-2 CONSIDERATION OF CALENDARING FUTURE COUNCIL DISCUSSION;
(ADMINISTRATION)
City Manager Robert Hendrix reviewed Council Policy .& Procedures Section 1.2.2
regarding the placement of an item on the agenda by a Council Member.
No action was taken on this item.
D. NEW BUSINESS
D-1 PRESENTATION BY LS POWER
The City Council received a presentation by John King of LS Power regarding their plans
for the Morro Bay Power Plant.
No action was taken on this item.
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — JULY 10, 2006
D-2 CONSIDERATION OF SLIP FEE ADJUSTMENT AND HOW IT AFFECTS
THE HARBOR DEPARTMENT BUDGET; (HARBOR)
Harbor Director Rick Algert stated the Harbor Department manages 48 City -maintained
slips spread between the South T-PierBeach Street docks, the Anchor Park docks and
launch ramp slips. Of these, one slip at Anchor Park is too narrow to be assigned
permanently, but the other 47 slips are assigned to_ commercial fishing vessels. Two of
those 47 slips are assigned to DeGarimore Fuel and Ice at a discounted rate, because the
water space where the boats tie up encroaches on to the DeGarimore Fuel and Ice lease
space. For the remaining 45 slips, the occupants must qualify as a commercial vessel by
showing landings tickets each year, except that each slip holder is allowed two waivers
from qualifying due to sickness or poor fishing in every ten years. Slip holders receive a
10% discount for paying a year in advance and a 75% discount if they are not using the
slip for a calendar month and notify the City in advance. The Harbor Fund is an
enterprise fund made up solely from revenues from Tidelands commercial leases,
berthing and other harbor activities, and receives no tax funding generated in the
Tidelands area. The City's General Fund receives the tax revenues from the Tidelands
® area such as transient occupancy tax, property tax and sales tax to pay for General Fund
services such as police, fire, public works citywide services. Mr. Algert recommended if
slip fees are reduced, the City Council direct staff to prepare a reduction in Harbor Fund
expenses at the mid -year budget review.
MOTION: Mayor Peters moved the City Council approve a waiver of late charges
through October 2006 on Harbor slip fees; and, to allow 10% discount for
annual payment of slip fees for fiscal year 2006-2007 until November 1,
2006. The motion was seconded by Councilmember Peirce and carried
unanimously. (5-0)
D-3 DISCUSSION ON POTENTIAL FUNDING FOR THE NEW FUTURES
COMMITTEE; (CITY COUNCIL)
Councilmember DeMeritt requested funding to assist with costs for a community
workshop scheduled by the New Futures Committee on September 30, 2006.
MOTION: Councilmember DeMeritt moved the City Council approve $500 per each
Council member's discretionary fund ($2,500) to go towards New Futures
Ad -hoc Committee to assist with costs for a community workshop. The
motion was seconded by Councilmember Baxley.
Councilmember Peirce suggested Council approve funding $2,500 from the Council
® fund, and Councilmember DeMeritt can fund $500 from her discretionary fund.
L]
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — JULY 10, 2006
Councilmember DeMeritt withdrew her motion; Councilmember Baxley withdrew his
second.
MOTION: Councilmember DeMeritt moved the City Council fund the New Futures
Ad -Hoc Committee workshop not to exceed $3,000 ($2,500 from the
Council fund, $500 from Councilmember DeMeritt discretionary fund).
The motion was seconded by Councilmember Peirce and carried
unanimously. (5-0)
ADJOURNMENT
The meeting adjourned at 9:32 p.m.
fe Bridgett Bauer
City Clerk
21
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 — NNE 26, 2006
CLOSED SESSION —NNE 26, 2006
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 fro the purchase, sale, exchange or lease of real
property.
Property: Lease Sites 87-88/87W-88W
Negotiating Parties: City and Violet Leage
Negotiations: Lease Terms
CS-2 GOVERNMENT CODE SECTION 54956.9(b); CONFERENCE WITH
LEGAL COUNSEL DUE TO ANTICAPTED LITIGATION. Significant
exposure to litigation pursuant to subdivision (b) of Section 54956.9 as to one
matter:
• MORRO MIST, LLC vs. CITY OF MORRO BAY
CS-3 GOVERNMENT CODE SECTION 54956.9(A); CONFERENCE WITH
LEGAL COUNSEL REGARDING PENDING LITIGATION.
• LAUFFER vs. CITY OF MORRO BAY
• WALLICK vs. CITY OF MORRO BAY
IT IS NOTED THAT. THE CONTENTS OF CLOSED SESSION MEETINGS
-10 ARE CONFIDENTIAL AND EXEMPT FROM DISCLOSURE.
® PUBLIC SESSION — JUNE 26, 2006
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 CITY COUNCIL MEETING
OF JUNE 12, 2006; (ADMINISTRATION)
RECOMMENDATION: Approve as submitted.
A-2 INVESTMENT REPORT FOR MAY 2006; (FINANCE)
RECOMMENDATION: Receive report for information.
A-3 APPROVAL OF CONTRACT WITH SAN LUIS OBISPO COUNTY FOR
CROSS -CONNECTION INSPECTION SERVICES; (PUBLIC SERVICES)
RECOMMENDATION: Council approve a new Contract For Cross -Connection
Inspection Services with the County of San Luis Obispo Public Health
Department.
A-4 APPROVAL OF LETTER OF SUPPORT FOR ASSEMBLY BILL 1632
(BLAKESLEE) — ENERGY: PLANNING AND FORECASTING;
(ADMINISTRATION)
RECOMMENDATION: Authorize Mayor to send letter of support for AB 1632.
A-5 ACCEPTANCE OF HARBOR ADVISORY BOARD MEMBER
RESIGNATION; (ADMINISTRATION)
RECOMMENDATION: Accept resignation of Harbor Advisory Board Member.
A-6 CONTINUANCE OF EMERGENCY CONDITIONS REGARDING THE
CONDITION OF THE MORRO BAY FIRE STATION; (PUBLIC SERVICES)
RECOMMENDATION: Review the actions_ and determine that there is a need to .
continue the emergency declaration.
B. PUBLIC HEARINGS, REPORTS & APPEARANCES
B-1 RESOLUTION NO. 29-06 DIRECTING THE LEVY OF THE ANNUAL
ASSESSMENT FOR THE CLOISTERS LANDSCAPING AND LIGHTING
MAINTENANCE ASSESSMENT DISTRICT; (RECREATION & PARKS)
RECOMMENDATION: Adopt Resolution No. 29-06.
B-2 RESOLUTION NO. 30-06 DIRECTING THE LEVY OF THE ANNUAL
ASSESSMENT FOR THE NORTH POINT LANDSCAPING AND LIGHTING
MAINTENANCE ASSESSMENT DISTRICT; (RECREATION & PARKS)
® RECOMMENDATION: Adopt Resolution No. 30-06.
3
® B-3 REPORT ON MARINE LIFE PROTECTION ACT IMPLEMENTATION;
(HARBOR)
RECOMMENDATION: Support Package #1 in the Marine Life Protection Act
process, and authorize the Mayor to sign a letter to the Fish & Game
Commission communicating that position.
C. UNFINISHED BUSINESS
C-1 ACTION PLAN FOR IMPLEMENTATION OF SEWER MASTER PLAN AND
NEW STATE MANDATES FOR WASTE DISCHARGE REQUIREMENTS;
(PUBLIC SERVICES)
RECOMMENDATION: Approve the Collection System Action Plan.
D. NEW BUSINESS
D-1 PRESENTATION BY AIR POLLUTION CONTROL BOARD ON
PARTICULATE MATTER EMISSIONS; (COUNCIL)
RECOMMENDATION: Receive presentation for information.
® D-2 PRESENTATION BY LS POWER (NEW POWER PLANT OWNERS)
RECOMMENDATION: This item has been pulled from the agenda.
D-3 REVIEW OF CAPITAL PROJECTS AND FINANCING; (PUBLIC SERVICES)
RECOMMENDATION: Discuss and direct staff accordingly.
D-4 CONSIDERATION OFMORATORIUM ON SINGLE FAMILY RESIDENCES
IN COMMERCIAL AND MIXED -USE AREAS; (COUNCIL)
RECOMMENDATION: Discuss; institute a moratorium on single family
dwellings in commercial and mixed use zones; schedule a public hearing;
and, direct staff accordingly.
D-5 CONSIDERATION OF CALENDARING FUTURE COUNCIL DISCUSSION;
(ADMINISTRATION)
RECOMMENDATION: Indicate to staff whether or not to agendize this item at
a future meeting.
E. ADJOURNMENT
4
0
u
E
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, June 15, 2006 at 5:30 a.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 27, 2006 Meeting— Recommend approve.
2. Wastewater Treatment Plant Operations Report through April, 2006 (Keogh) -
Recommendation: receive and file.
3. Financial Status Report as of March 31, 2006(Bunting) — Recommendation:
receive and file.
B. UNFINISHED BUSINESS
1. Status Report on Collection Shed (Keogh verbal).
2. Status Report of NPDES Permit Renewal Process (Keogh) -Recommend receive
and file.
® 3. Status Report on Facilities Master Plan for WWTP Upgrade (Keogh) -
Recommendation: receive and file.
C. NEW BUSINESS
1. Invoice for Third Quarter, FY 2005 — 2006 — Recommend approve.
2. Proposed Budget for W WTP FY 2006-2007 - (Keogh) — Recommend approve.
3. 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.
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 13, 2006
® Bridgett B r, City Clerk
MINUTES - MORRO BAY CITY COUNCIL
® CLOSED SESSION — JUNE 26, 2006
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
Andrea Lueker
Robert Schultz
Councilmember
Councilmember
Councilmember
Councilmember
Assistant 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: Lease Sites 87-88/87W-88W
Negotiating Parties: City and Violet Leage
Negotiations: Lease Terms
CS-2
LEGAL COUNSEL DUE TO ANTICAPTED LMGATION. Significant
exposure to litigation pursuant to subdivision (b) of Section 54956.9 as to one
matter:
• MORRO MIST, LLC vs. CITY OF MORRO BAY
CS-3 GOVERNMENT CODE SECTION 54956.9(A); CONFERENCE WITH
LEGAL COUNSEL REGARDING PENDING LITIGATION.
• LAUFFER vs. CITY OF MORRO BAY
• WALLICK vs. CITY OF MORRO BAY
The meeting adjourned to Closed Session at 5:00 p.m. and returned to regular session at
5:45 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 5:45 p.m.
® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — JUNE 26, 2006
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: Andrea Lueker
Assistant City Manager
Robert Schultz
City Attorney
Jamie Boucher
Deputy City Clerk
Rick Algert
Harbor Director
Bruce Ambo
Public Services Director
Bill Boucher
Capital Projects Manager
John DeRohan
Police Chief
Mike Pond
Fire Chief
® ESTABLISH QUORUM AND CALL TO ORDER
MOMENT OF SILENCE
PLEDGE OF ALLEGIANCE
E
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 requested support for a temporary fenced dog park at the proposed
tennis court site at Del Mar Park: Sue Dietrick, Anita Ayoob, Rick Gilligan, and Jane
von Koehe.
David Nelson stated he was interested in the APCD presentation on particulate matter;
however, the City should invite the American Lung Association to also give a report on
the health hazards that can be caused by particulate matter produced by the power plant.
Colby Crotzer stated there is no safe amount of particulate matter that is created by the
power plant. He also referred to petitions that show a constituency in support of building
the proposed tennis courts at Del Mar Park. Mr. Crotzer stated the tennis court site has
been at the park for over 20 years graded and ready to go. He asked the City not to
confuse the, community by placing a temporary dog park in this location.
FA
® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — JUNE 26, 2006
Carrie Burton, Parents for Safe Kids, requested a fence be placed between Del Mar Park
and Del Mar School. She expressed concern of the openness of this campus and said
she's not afraid of the dogs but the people who may loiter in the school playground.
Ed Valentine, Superintendent for San Luis Coastal Unified School District, expressed
concern with placing an off -leash dog park next to the school. He requested the City
Council consider an alternate location for the dog park, or place a barrier between the dog
park and the school.
Keith Taylor, Friends of the Fire Department, announced an event to pay tribute to the
Veterans' of Wars would be held on July 1, 2006 at the Morro Bay Library.
Garry Johnson, Morro Bay Beautiful, thanked Recreation & Parks for the removal of the
fence and addition of four trash cans at the parking lot on the Embarcadero. He requested
the merchant's help clean around town, and announced Morro Bay Beautiful needs new
members.
Ken Vesterfelt announced there would be an antique small engine display at Albertson's
® parking lot on August 5, 2006.
Joey Racano, Ocean Outfall Group, announced there would be a first annual "Talk About
the Bay" meeting on September 2, 2006 at the Veterans' Memorial Building with the
keynote speaker being Pedro Nava.
Marla Bruton discussed a hearing on the Chevron Cleanup that was shown on a notice
that it would be held in Watsonville however it was actually held in San Luis Obispo.
Richard Sadowski announced as a formal notice that he was filing a claim against the
City of Morro Bay stating the Morro Bay Wastewater Collection System Sewer Study is
a fraud.
Ginger Hendricks requested the assistance of the community to help a family in need by
writing letters to ABC's Extreme Make -Over Home Edition to come to Morro Bay and
help this family.
Jeff O'Dell announced his candidacy for Mayor in the upcoming election.
Barbara Stickel addressed the Commercial Fishermen's dilemma with the salmon fishery,
and thanked the City for their support.
Wayne Moody gave an update on the status of the salmon "disaster". He said the
® Governor declared the salmon fishery for 10 northern counties a "state of disaster."
® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — JUNE 26, 2006
Mandy Davis clarified a statement she made regarding her resignation from the Harbor
Advisory Board because she finds they do not support conservation efforts and
environmental issues relating to the estuary and the harbor. She recommended the City
appoint citizens to an Environmental Ad -Hoc Committee.
Wanda Durick expressed concern that the City is not meeting the Brown Act by not
posting agendas and minutes on the website in a timely manner.
Susan Heineman expressed concern with the cost of replacing sewer lines in Morro Bay,
and requested the City advise the community of these costs in order for people to prepare
themselves financially.
Joseph Conchellos stated he feels the fishermen's proposal for the Marine Life Protection
Act is fair and effective.
Julie Williams stated a fence is needed between Del Mar School and the park. She said
® she has noticed people loitering through the schoolyard to get to the park. Ms. Williams
stated off -leash dogs jumped on her 5 year -old son in the field next to the Community
Center, which was a scary experience for him.
Bill Neumann member of the New Futures Ad -Hoc Committee, stated he represents the
communications sub -group. He said the first phase is to educate the community and get
feedback at a community workshop, which is scheduled for September 30, 2006 at the
Community Center.
Mayor Peters closed the hearing for public comment.
Mayor Peters called for a break at 7:45 p.m.; the meeting resumed at 7:55 p.m.
DECLARATION OF FUTURE AGENDA ITEMS
Councilmember Winholtz requested to agendize the consideration of a No -Conversion
Ordinance for Mobile Home Parks; Councilmember DeMeritt and Mayor Peters
concurred.
Mayor Peters requested to agendize the consideration of slip fee adjustments, and how it
affects the budget; Councilmember Peirce and Councilmember Winholtz concurred.
Councilmember DeMeritt requested to agendize the consideration of a City policy on the
® use of herbicides and pesticides. She said she would research and prepare a report.
® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — JUNE 26, 2006
Councilmember DeMeritt requested to agendize the consideration of potential funding for
the New Futures Committee; 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 MINUTES FOR THE REGULAR CITY COUNCIL MEETING
OF JUNE 12, 2006; (ADMINISTRATION)
RECOMMENDATION: Approve as submitted
A-2 INVESTMENT REPORT FOR MAY 2006; (FINANCE)
RECOMMENDATION: Receive report for information.
® A-3 APPROVAL OF CONTRACT WITH SAN LUIS OBISPO COUNTY FOR
CROSS -CONNECTION INSPECTION SERVICES; (PUBLIC SERVICES)
0
RECOMMENDATION: Approve contract with San Luis Obispo County for
Cross
A4 APPROVAL OF LETTER OF SUPPORT FOR ASSEMBLY BILL 1632
(BLAKESLEE) — ENERGY: PLANNING AND FORECASTING;
(ADMINISTRATION)
RECOMMENDATION: Authorize Mayor to send letter of support for AB 1632.
A-5 ACCEPTANCE OF HARBOR ADVISORY BOARD MEMBER
RESIGNATION; (ADMINISTRATION)
RECOMMENDATION: Accept resignation of Harbor Advisory Board Member.
A-6 CONTINUANCE OF EMERGENCY CONDITIONS REGARDING THE
CONDITION OF THE MORRO BAY FIRE STATION; (PUBLIC SERVICES)
RECOMMENDATION: Review the actions and determine that there is a need to
continue the emergency declaration.
5
® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — JUNE 26, 2006
Councilmember Winholtz pulled Item A-3 from the Consent Calendar; Councilmember
DeMeritt pulled Item A-6.
MOTION: Councilmember Winholtz moved the City Council approve the Consent
Calendar with the exception of Items A-3 and A-6. The motion was
seconded by Councilmember Peirce and carved unanimously. (5-0)
A-3 APPROVAL OF CONTRACT WITH SAN LUIS OBISPO COUNTY FOR
CROSS -CONNECTION INSPECTION SERVICES; (PUBLIC SERVICES)
This item was continued to the July 10, 2006 City Council meeting.
A-6 CONTINUANCE OF EMERGENCY CONDITIONS REGARDING THE
CONDITION OF THE MORRO BAY FIRE STATION; (PUBLIC SERVICES)
Councilmember DeMeritt stated the contractor still has not submitted appropriate insurance
and bonding documents, and would like to set a deadline.
® Capital Projects Manager Bill Boucher stated the contractor said these forms were
previously turned in, and will have another set of originals delivered to the City.
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)
B. PUBLIC HEARINGS. REPORTS & APPEARANCES
B-1 RESOLUTION NO.29-06 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 June 12, 2006 City Council meeting,
the Council adopted Resolution No. 28-06 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 $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
26, 2006 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 City Council must hold a protest/public hearing before considering the
0
® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — JUNE 26, 2006
levy of an annual assessment. 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 adopt Resolution No. 29-06 confirming the levy of
assessment for fiscal year 2006/2007.
Mayor Peters opened the hearing for public comment.
John Lauffer stated he is the plaintiff in the two lawsuits against the City relating to this
special assessment tax. He urged the Council vote in opposition to this assessment, and if
Council votes in favor, they are wasting the taxpayers money to maintain parcel
parkways that are not the responsibility of the City. Mr. Lauffer also stated if Council
votes in favor of this assessment, it will prove there is no public benefit to maintain a
public park.
Kerrigan Mahan stated he would like to get this issue resolved. He said it is a case
between special benefit and general benefit. Mr. Mahan stated the other day there were
over 100 people in the park for a yoga-thon and it is used weekly for birthday parties. He
® said an outside engineer should review this assessment district.
Pepper Hughes stated the park offers no special benefits for the property owners. She
said there is over -flow parking in the residential streets when there are large events at the
park. She said it would be fair for everyone to pay for the upkeep of a public park.
u
Steve Stevens stated 1/3 of the assessment fees go towards public employees maintaining
the parkways. He said it would be a small consideration of the City to discuss the
resolution of this situation.
Mayor Peters closed the public comment hearing.
MOTION: Councilmember Winholtz moved the City Council adopt Resolution No.
29-06 confirming the annual levy of assessment for the Cloisters
Landscaping and Lighting Maintenance Assessment District for fiscal year
2006/2007. The motion was seconded by Councilmember Baxley and
carried unanimously. (5-0)
II
® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — JUNE 26, 2006
B-2 RESOLUTION NO. 30-06 DIRECTING THE LEVY OF THE ANNUAL
ASSESSMENT FOR THE NORTH POINT LANDSCAPING AND LIGHTING
MAINTENANCE ASSESSMENT DISTRICT; (RECREATION & PARKS)
Assistant City Manager Andrea Lueker stated at the May 22, 2006 City Council meeting,
the Council adopted Resolution No. 24-06 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 26,
2006 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 City Council must hold a protest/public hearing before considering the
levy of an annual assessment. 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 adopt Resolution No. 30-06
® confirming the levy of assessment for fiscal year 2006/2007.
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. 30-
06 confirming the annual levy of assessment for the North Point Natural
Area Landscaping and Lighting Maintenance Assessment District for
fiscal year 2006/2007. The motion was seconded by Councilmember
Peirce and carried unanimously. (5-0)
B-3 REPORT ON MARINE LIFE PROTECTION ACT IMPLEMENTATION;
(HARBOR)
Harbor Director Rick Algert stated the City Council of Morro Bay has a long history of
supporting commercial fishing in our community in balance with environmental
protection. Package #1, meets the Science Team guidelines, is in compliance with the
Marine Life Protection Act (MLPA), and would be a major new step in ocean protection
establishing no fishing reserves in 5% of coastal waters and enhanced protection in
another 10% of the state's waters in the Central Coast area. Proposed Package 2R and
3R will institute more fishing closures and protection than is required by the law, and will
further erode the viability of local marine oriented businesses. After three hearings on
the MLPA, the Harbor Advisory Board made a motion that passed by a 6-1 vote at their
® May 2006 meeting to recommend that the City Council support Package #1 to the Fish
® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — JUNE 26, 2006
and Game Commission. The Fish & Game Commission will shortly be considering a
proposed package for implementation of the MLPA, and it is recommended that the
Mayor send a letter to the Fish and Game Commission requesting the Commission
support Package #1 to preserve public access, local fishing and related businesses in
balance with protection of the ocean environment. Mr. Algert recommended the City
Council support Package #1 in the MLPA process, and authorizes the Mayor to sign the
draft letter to the Fish Game Commission communicating this position.
Jeremiah O'Brien, representing the Commercial Fishermen Association, gave a
presentation on the various areas closed off to fishing, which is too restrictive. He
requested the City Council support Package #1 in the MLPA process.
Steve Schimick, Executive Director of the Otter Project, gave a slide show presentation
on Package 2R and 3R in the MLPA.
Mayor Peters read a letter from the Department of Fish & Game, regarding Package P,
the Department's preferred alternative.
® Mayor Peters opened the hearing for public comment.
The following people expressed support for Package #1 of the MLPA: Roy Vinio, Ed
Ewing, Tom Hafer, Darby Neal, Paul Skylar, Bill Davies, Craig Barby, Brian
Williamson, Sharie Hafer, Lori French, Ed Dumong, Don Lockwood, Barbara Stickel,
Trudy O'Brien, Joe Nungary, Ed Sylvester, Pete Griffin, Wayne Moody, and John Smith.
The following people expressed support for Package #2R of the MLPA: Morgan
Rafferty, Joan Carter, Pam Heatherington, Shoosh Crotzer, Andrew Christie, Michelle
Leary, Mandy Davis, and Gordon Hensley,
Mandy Davis stated the City Council is not a special interest group and should not take a
stand on a specific package.
Don Castro requested the City Council not take a stand on a specific package but instead
support the process.
Mayor Peters closed the public comment hearing
E
X
® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — JUNE 26, 2006
Councilmember DeMeritt stated the fishing industry was what made the City so vibrant
at one time. She said Package 41 of the MLPA is the most conservative of the packages
for those who want to save their livelihood, and Package #2R is the environmentalist
package for those who are trying to save the ocean. Councilmember DeMeritt
recommended the City write a neutral letter urging the Fish & Game Commission to
consider all viewpoints and the economic impacts on the City.
Councilmember Peirce stated he supports Package #1 of the MLPA because it supports a
significant amount of people in our community who are constituents and need the City's
assistance.
Councilmember Winholtz stated because she doesn't have knowledge of all of the
information, she would rather maintain neutral.
Councilmember Baxley stated an MPA lasts a long time, and with that in mind he
expressed support for the least restrictive Package #1, which is also the recommendation
of staff and the Harbor Advisory Board.
® Mayor Peters stated it is necessary to take a stand for the protection of our community
and our citizens. She said there is so much protected area that they are placing
restrictions on top of restrictions and putting people out of business. Mayor Peters stated
these restrictions are not going to stop people from eating fish, they will just be eating
fish from another area. She expressed support for Package #1 of the MLPA.
C�
MOTION: Councilmember DeMeritt moved the City Council write a neutral letter to
the Fish & Game Commission that removes Package # 1 of the Marine Life
Protection Act process, but maintain strong protection for the fishing fleet
and the economics of the City. The motion was seconded by
Councilmember Winholtz and failed with Councilmember Baxley,
Councilmember Peirce and Mayor Peters voting no. (2-3)
MOTION: Councilmember Baxley moved the City Council approve Package #1 of
the Marine Life Protection Act process, and authorize the Mayor to sign a
letter to the Fish & Game Commission communicating that position. The
motion was seconded by Councilmember Peirce and carried with
Councilmember DeMeritt and Councilmember Winholtz voting no. (3-2)
IN
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — JUNE 26, 2006
C. UNFINISHED BUSINESS
C-1 ACTION PLAN FOR IMPLEMENTATION OF SEWER MASTER PLAN AND
NEW STATE MANDATES FOR WASTE DISCHARGE REQUIREMENTS;
(PUBLIC SERVICES)
Capital Projects Manager Bill Boucher stated there are two key policy documents that set
the need for the collection system program requirements in place. The first was the State
when the waste discharge requirements (WDR) were adopted in May 2006, and apply to
all collection systems statewide. The second was the Sewer Collection System Master
Plan Update, which was adopted by the City Council on May 22, 2006. These programs
are intended to reduce the risk of spilling of untreated wastewater into the environment
and deliver wastewater safely to the Wastewater Treatment Plant now and into the future.
The WDRs mandate a process to apply for a Sewer System Management Plan permit,
outlines required components of a sewer collection system maintenance, inspection and
reporting program and the necessary computerized monitoring and reporting practices to
provide the regulators evidence of adequate maintenance and spill prevention. The
collection system action plan is a critical component within the overall Capital
® Improvement Program. Mr. Boucher stated the City is at a point where it is necessary to
establish an action plan as a framework to work from in handling the backlog of projects
that is developing and provide some sense of priority for the Council, public and staff.
He recommended the City Council approve the Collection System Action Plan.
MOTION: Councilmember Peirce moved the City Council approve the Collection
System Action Plan, and direct staff to return to Council with an interim
sewer rate increase with a schedule for future increases. The motion was
seconded by Councilmember DeMeritt and carried unanimously. (5-0)
D. NEW BUSINESS
D-I PRESENTATION BY AIR POLLUTION CONTROL BOARD ON
PARTICULATE MATTER EMISSIONS; (COUNCIL)
The City Council received a presentation from Gary Willey of the Air Pollution Control
Board on particulate matter emissions.
No action was taken on this item.
D-2 PRESENTATION BY LS POWER (NEW POWER PLANT OWNERS)
is
This item was pulled from the agenda.
11
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — JUNE 26, 2006
D-3 REVIEW OF CAPITAL PROJECTS AND FINANCING; (PUBLIC SERVICES)
Capital Projects Manager Bill Boucher stated the community of Morro Bay has made a
historic commitment to infrastructure and quality of life that has led directly to the
designation of local and grant funds to Capital Improvement Projects (CIP) ringing from
an upgraded wastewater treatment plant, new water storage tanks, rehabilitated fire
stations and several critical roadway projects including the Morro Bay Boulevard
Roundabout and the Harborwalk Project. There are also 10 special projects such as
underground utility districts; the parking management plan and Navy fuel depot property
acquisition that have no budget for staff time but that still must be completed. With one
person allocated to work on the CIP's, all projects other than the most urgent are not
currently being worked on. Mr. Boucher stated the purpose of this report is to briefly
describe the current CIP's and special projects in the effort to provide information that
will be sufficient to allow the Council to establish community priorities. He
recommended the City Council consider this matter and direct staff accordingly.
® MOTION: Councilmember Baxley moved the City Council direct staff to continue
with the top priorities listed on page 6 of the staff report, and follow
through with the Sewer Collection System Action Plan. The motion was
seconded by Councilmember Peirce and carried unanimously. (5-0)
r�1
LJ
MOTION: Councilmember Winholtz moved the City Council direct staff to return
with a recommendation to increase the minimum Capital Project limit to
$35,000. The motion was seconded by Councilmember Peirce and carried
unanimously. (5-0)
D4 CONSIDERATION OF MORATORIUM ON SINGLE FAMILY RESIDENCES
IN COMMERCIAL AND MDG D-USE AREAS; (PUBLIC SERVICES)
Councilmember Winholtz stated much infill building has occurred in the City over the
past four years. Due to overlays in zoning much of the building have been single-family
units, regardless of zoning, and little undeveloped land is left in the various commercial
and mixed -use zones. This trend is changing the City fiscally because single-family
homes are taking over commercial zones that would otherwise add to the City's sales tax
base. Councilmember Winholtz recommended the City Council: 1) institute a
moratorium on single-family dwellings in commercial and mixed -use zones; 2) schedule
a public hearing; and, 3) direct staff to quantify a comparison of what has been built
between 2003 and 2006, including proposals in the various commercial and mixed -use
zones; quantify how much undeveloped inventory is left in those zones; and discuss what
12
Ll
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — JUNE 26, 2006
has been built and what is proposed to be built does or does not impact the current and
next State housing mandate.
MOTION: Councilmember Winholtz moved the City Council continue this item to
the July 10, 2006 City Council meeting, requesting a brief staff report on
the findings for a moratorium. The motion was seconded by
Councilmember DeMeritt and carried with Councilmember Baxley voting
no. (4-1)
D-5 CONSIDERATION OF CALENDARING FUTURE COUNCIL DISCUSSION;
(ADMINISTRATION)
This item was continued to the July 10, 2006 City Council meeting.
my Y
The meeting adjourned at 11:00 p.m.
Recorded by:
dam
Jamie Boucher
Deputy 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 — JUNE 12, 2006
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 REGULAR CITY COUNCIL MEETING OF
MAY 22, 2006; (ADMINISTRATION)
RECOMMENDATION: Approve as submitted
A-2 RESOLUTION NO. 27-06 APPROVING AMENDMENT TO LEASE FOR
LEASE SITE 105W LOCATED AT 1001 FRONT STREET; (HARBOR)
RECOMMENDATION: Adopt Resolution No. 27-06.
® A-3 . STATUS REPORT ON MARINE LIFE PROTECTION ACT
IMPLEMENTATION; (HARBOR)
RECOMMENDATION: Support Package #1 in the Marine Life Protection Act
process, and authorize the Mayor to sign a letter to the Fish and Game
Commission communicating this position.
A-4 ADOPTION OF ORDINANCE NO. 517 PROHIBITING SMOKING AND
FIRES ON CITY COMMERCIAL PIERS AND BEACHES; (CITY
ATTORNEY)
RECOMMENDATION: Adopt Ordinance No. 517.
A-5 APPROVAL OF SETTLEMENT AGREEMENT WITH SAN LUIS COASTAL
UNIFIED SCHOOL DISTRICT; (CITY ATTORNEY)
RECOMMENDATION: Approve the Settlement Agreement, and authorize the
Mayor to execute the Settlement Agreement and Release.
ii7
A-6 CONTINUANCE OF EMERGENCY CONDITIONS REGARDING THE
® CONDITION OF THE MORRO BAY FIRE STATION; (PUBLIC SERVICES)
RECOMMENDATION: Review the actions and determine that there is a need to
continue the emergency declaration.
A-7 RECOMMENDATION TO USE PARK IN -LIEU FUNDS TO REPAIR THE
PATHWAY AT DEL MAR PARK; (RECREATION & PARKS)
RECOMMENDATION: The Recreation & Parks Commission recommends the
approval to use up to S8,000 of park in -lieu funds to replace/repair portions
of the asphalt pathway through Del Mar Park.
A-8 PROCLAMATION DECLARING JUNE 12 & 13, 2006 AS SPECIAL
OLYMPICS — LAW ENFORCEMENT TORCH RUN DAYS;
(ADMINISTRATION)
RECOMMENDATION: Adopt Proclamation.
B. PUBLIC HEARINGS, REPORTS & APPEARANCES
B-I CONSIDERATION OF RECOMMENDATION FROM RECREATION AND
PARKS COMMISSION REGARDING SPECIAL EVENT POLICY AND
® REVIEW OF ACTUAL SPECIAL EVENT EXPENSE; (RECREATION &
PARKS)
RECOMMENDATION: Review the Special Event Policy and Checklist, and
approve the policy as recommended by the Recreation & Parks Commission.
B-2 RESOLUTION NO. 28-06 APPROVING THE ENGINEER'S REPORT AND
DECLARING THE CITY'S INTENTION TO LEVY THE ANNUAL
ASSESSMENT FOR THE CLOISTER'S PARK AND OPEN SPACE
LANDSCAPING AND LIGHTING MAINTENANCE ASSESSMENT
DISTRICT; (RECREATION & PARKS)
RECOMMENDATION: Adopt Resolution No. 28-06.
B-3 RESOLUTION NO. 26-06 ADOPTING CREEK MAINTENANCE FEES;
(PUBLIC SERVICES)
RECOMMENDATION: Adopt Resolution No. 26-06.
B-4 RESOLUTION NO. 25-06 ADOPTING FISCAL YEAR 2006/2007 BUDGET;
(ADMINISTRATION
® RECOMMENDATION: Adopt Resolution No. 25-06.
3
E
El
C. UNFINISHED BUSINESS —NONE.
D. NEW BUSINESS
D-1 PRESENTATION ON COMMUNITY PROMOTIONS PRESS PACKAGE
DVD (10 MINUTES)
RECOMMENDATION: Receive presentation for information.
D-2 PRESENTATION ON LOW IMPACT DEVELOPMENT PROGRAM
PRESENTATION (20 MINUTES)
RECOMMENDATION: Receive presentation for information.
D-3 ACTION PLAN FOR IMPLEMENTATION OF SEWER MASTER PLAN AND
NEW STATE MANDATES FOR WASTE DISCHARGE REQUIREMENTS;
(PUBLIC SERVICES)
RECOMMENDATION:
E. ADJOURNMENT
Approve the Action Plan.
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.
2
® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — JUNE 12, 2006
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
Councilmember
Melody DeMeritt
Councilmember
William Peirce
Councilmember
Betty Winholtz
Councilmember
STAFF: Robert Hendrix
Andrea Lueker
Robert Schultz
Bridgett Bauer
Rick Algert
Bruce Ambo
William Boucher
Frank Cunningham
John DeRohan
Mike Pond
ESTABLISH QUORUM AND CALL TO ORDER
MOMENT OF SILENCE
PLEDGE OF ALLEGIANCE
City Manager
Assistant City Manager
City Attorney
City Clerk
Harbor Director
Public Services Director
Capital Projects Manager
City Engineer
Police Chief
Fire Chief
MAYOR'S REPORTS & ANNOUNCEMENTS
CLOSED SESSION REPORT — There were no Closed Session Items scheduled for
discussion.
PUBLIC COMMENT
Keith Taylor; Friends of the Morro Bay Fire Department, announced there would be a
membership drive and event to pay tribute to World War II Veterans and all who served in
the Armed Forces past and present on Saturday, July In at the Morro Bay Library.
Gary Ream, Morro Bay Historical Society, announced the publication of Images of
America — Morro Bay, which is on sale as a fundraiser for the Historical Society.
Lynda Merrill addressed Item A-3 (Status Report on Marine Life Protection Act
Implementation) stating this should be heard as a Public Hearing, and Package.#1 is the
least protective. She expressed support for Item B-2 (Resolution Approving the Engineer's
Report and Declaring the City's Intention to Levy the Annual Assessment for the Cloister's
Park and Open Space Landscaping and Lighting Maintenance Assessment District).
® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — JUNE 12, 2006
David Weisman shared a local campaign for tourism with "I love tourists " buttons showing
the City's promotional web site www.MorroBay.org" to encourage tourism.
Tom Laurie addressed the budget crisis, tourism and the power plant. He said a convention
center would not produce revenue for seven years, and a sales tax increase is essential if
Morro Bay can't get a power plant to pay for its lifestyle. Mr. Laurie stated our options, in
the absence of heavy industry and apathy for the natural beauty that surrounds the City and
draws tourists from all over the world, is to get smaller.
Anita Ayoob stated the Morro Bay Pups are communicating with Motel 6 to locate a dog
park on their property; however, this permit process could be timely and costly. In the
mean time, Morro Bay Pups would like to continue the temporary use of a fenced off -leash
dog park at Del Mar Park.
Sue Dietrick requested the City Council reagendize discussion on the dog park and take
action to approve the Morro Bay Pups to be able to set up a temporary fenced -in off -leash
dog park at Del Mar Park until the time that the tennis courts are built or another site is
located, whichever comes first.
® Tom Roth requested the City Council consider postponement of annual slip fees until
September 2006.
Mandy Davis announced her resignation to the Harbor Advisory Board. She said she is
opposed to the City's position on the Marine Life Protection Act. Ms. Davis stated the City
has a responsibility to protect and maintain the eco-system.
Phil Hill expressed concern with actions taken by the Harbor Advisory Board, and most
specifically referred to discussions on the Boatyard.
Marla Bruton stated she attended an Ocean Protection Council (OPC) meeting in Monterey.
She said the OPC was surprised to hear that the City signed a 50-year lease with the power
plant for once through cooling for less than 2 million dollars. Ms. Bruton stated once
through cooling takes 17-33% of the population of the marine life in the bay.
David Nelson shared a comparison of emission from new turbines and existing boilers. He
requested the Council schedule a public hearing on the Air Pollution Control Board permit
issued to Duke Energy (LS Power).
Nelson Sullivan addressed his arrest at the post office while obtaining signatures for a
proposed initiative. He said there is a violation of the Brown Act by not conducting "roll
call" votes.
n
U
® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — JUNE 12, 2006
Peter Candela, Morro Bay Chamber of Commerce, addressed the upcoming 4's of July
festivities and said donations and volunteers are still needed.
Ed Ewing requested the City Council support package #1 of the Marine Life Protection
Act.
Barbara Riddell expressed support for the proposal from Morro Bay Pups for a temporary
dog park at Del Mar Park.
Jeremiah O'Brien, President Morro Bay Commercial Fishermen's Organization offered to
Council copies of the Peer Review of the California Marine Life Protection Act, Science
Advice and MPA Network Proposals.
John Barta stated he is still obtaining signatures on the two proposed initiatives for
November's election.
Garry Johnson stated a group of citizens, including Councihnember DeMeritt, planted
flowers on the comer of Main and Beach Streets. He said Morro Bay Beautiful is willing
to clean up other areas in the City.
® Bill Woodson expressed support for a new power plant that would be efficient and clean,
and urged the Council to strive to obtain an agreement with LS Power.
Anne Reeves stated smoking on the beach is a litter problem more than a health problem,
and said it would be better to enforce litter laws rather than banning smoking on the beach.
Beverly Abbey stated the Harbor Festival will be held on October 7 & 8, and there is a
need for volunteers. .
Nancy Johnson stated there would be an organizational meeting to form a Morro Bay
Garden Club on June 15t° at the Morro Bay Community Center.
Roger Ewing expressed concern with the way the proposed sales tax initiative will be
presented to the citizens. He said the firefighters, paramedics and infrastructure should be
earmarked for these tax funds.
Rick Grantham requested the dog park issue be settled. He said he supports the proposed
sales tax initiative, and requested the Police Department also be earmarked for these tax
funds.
Mayor Peters closed the hearing for public comment.
2
3
® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — JUNE 12, 2006
Mayor Peters called for a break at 7:40 p.m.; the meeting resumed at 7:55 p.m.
DECLARATION OF FUTURE AGENDA ITEMS
Councilmember Winholtz requested to agendize a discussion on placing a moratorium on
single-family residences in commercial and mixed -use areas; Councilmember DeMeritt and
Mayor Peters concurred.
Councilmember Peirce requested to agendize a presentation by the Air Pollution Control
Board on particulate matter; Councilmember Baxley and Mayor Peters concurred.
Councilmember Winholtz requested to agendize further discussion on a dog park;
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 APPROVAL OF MINUTES FOR REGULAR CITY COUNCIL MEETING OF
MAY 22, 2006; (ADMINISTRATION)
RECOMMENDATION: Approve as submitted
A-2 RESOLUTION NO. 27-06 APPROVING AMENDMENT TO LEASE FOR
LEASE SITE 105W LOCATED AT 1001 FRONT STREET; (HARBOR)
RECOMMENDATION: Adopt Resolution No. 27-06.
A-3 STATUS REPORT ON MARINE LIFE PROTECTION ACT
IMPLEMENTATION; (HARBOR)
RECOMMENDATION: Support Package #1 in the Marine Life Protection Act
process, and authorize the Mayor to sign a letter to the Fish and Game
Commission communicating this position.
A4 ADOPTION OF ORDINANCE NO. 517 PROHIBITING SMOKING AND FIRES
ON CITY COMMERCIAL PIERS AND BEACHES; (CITY ATTORNEY)
RECOMMENDATION: Adopt Ordinance No. 517.
4
® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — JUNE 12, 2006
A-5 APPROVAL OF SETTLEMENT AGREEMENT WITH SAN LUIS COASTAL
UNIFIED SCHOOL DISTRICT; (CITY ATTORNEY)
RECOMMENDATION: Approve the Settlement Agreement, and authorize the
Mayor to execute the Settlement Agreement and Release.
A-6 CONTINUANCE OF EMERGENCY CONDITIONS REGARDING THE
CONDITION OF THE MORRO BAY FIRE STATION; (PUBLIC SERVICES)
RECOMMENDATION: Review the actions and determine that there is a need to
continue the emergency declaration.
A-7 RECOMMENDATION TO USE PARK IN -LIEU FUNDS TO REPAIR THE
PATHWAY AT DEL MAR PARK; (RECREATION & PARKS)
RECOMMENDATION: The Recreation & Parks Commission recommends the
approval to use up to $8,000 of park in -lieu funds to replace/repair portions of
the asphalt pathway through Del Mar Park.
® A-8 PROCLAMATION DECLARING JUNE 12 & 13, 2006 AS SPECIAL
OLYMPICS — LAW ENFORCEMENT TORCH RUN DAYS;
(ADMINISTRATION)
11
RECOMMENDATION: Adopt Proclamation.
Councilmember DeMeritt pulled Items A-1, A-3 and A-6 from the Consent Calendar;
Councilmember Winholtz pulled Item A-5.
MOTION: Councilmember Baxley moved the City Council approve Items A-2, A-4, A-
7 and A-8 of the Consent Calendar. The motion was seconded by
Councilmember Peirce and carried unanimously. (5-0)
A-1 APPROVAL OF MINUTES FOR REGULAR CITY COUNCIL MEETING OF
MAY 22, 2006; (ADMINISTRATION)
Councilmember DeMeritt requested an amendment to page 7, Item A-8 as follows:... that
that Carollo use
technicians at lower hourly rates to do more of the work than those who are paid higher
hourly waees.
5
® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — JUNE 12, 2006
MOTION: Councilmember DeMeritt moved the City Council approve Item A -I of the
Consent Calendar as amended. The motion was seconded by
Councilmember Peirce and carried unanimously. (5-0)
A-3 STATUS REPORT ON MARINE LIFE PROTECTION ACT
IMPLEMENTATION; (HARBOR)
Councilmember DeMeritt stated this item should be rescheduled to the June 26, 2006
meeting.
MOTION: Councilmember Peirce moved the City Council continue Item A-3 of the
Consent Calendar to the June 26, 2006 City Council meeting. The motion
was seconded by Councilmember Winholtz and carried unanimously. (5-0)
A-5 APPROVAL OF SETTLEMENT AGREEMENT WITH SAN LUIS COASTAL
. UNIFIED SCHOOL DISTRICT; (CITY ATTORNEY)
Councilmember Winholtz stated she has a concern with the financial impact on the water
® fund.
City Manager Robert Hendrix stated the financing issues would be reviewed during the
mid -year budget review.
11
MOTION: Councilmember Winboltz 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 CONTINUANCE OF EMERGENCY CONDITIONS REGARDING THE
CONDITION OF THE MORRO BAY FIRE STATION; (PUBLIC SERVICES)
Councilmember DeMeritt asked if there is a performance limit on the contractor supplying the
modular building for the Fire Department.
Capital Projects Manager Bill Boucher responded the unit has been ordered and things are
proceeding so the Fire Department would not be waiting indefinitely.
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)
Cl
® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — JUNE 12, 2006
B. PUBLIC HEARINGS, REPORTS & APPEARANCES
B-1 CONSIDERATION OF RECOMMENDATION FROM RECREATION AND
PARKS COMMISSION REGARDING SPECIAL EVENT POLICY AND
REVIEW OF ACTUAL SPECIAL EVENT EXPENSE; (RECREATION &
PARKS)
Assistant City Manager Andrea Lueker stated the Recreation & Parks Commission
discussed a Special Event Policy at their October and November 2005 meetings.
Following the public hearing in December 2005, where members of several special events
spoke, the Commission recommended changes and asked the item come back for final
approval and recommendation to the City Council. The Commission in February 2006
heard this item, and they recommended forwarding the policy and special event checklist to
the City Council for approval. Ms. Lueker stated a Special Event Policy is important to
delineate duties, responsibilities and procedures. While the City of Morro Bay has
followed a consistent permit approval procedure, a written policy will provide potential
special event organizers with a clear idea of what the City expects, in writing. Ms. Lueker
recommended the City Council approve the Special Event Policy and Checklist as
recommended by the Recreation & Parks Commission; and, recommended the City
® Council review the Special Event Costs 2005/2006 worksheet and provide further direction
regarding cost recovery for special events occurring in the City of Morro Bay.
Mayor Peters opened the hearing for public comment.
The following people requested the City Council support this item by lowering the City's
cost recovery fees for special events: John Weiss, Roger Ewing, David Owens, President
of Harbor Festival, Peter Candela, Executive Director for the Morro Bay Chamber of
Commerce, and Jeremiah O'Brien, Commercial Fishermen's Organization.
Mayor Peters closed the public comment hearing.
MOTION: Councilmember DeMeritt moved the City Council provide the Harbor
Festival a one-time waiver in the amount of $3,500, one-half the current
amount owed the City. The motion was seconded by Councilmember
Winholtz and carried unanimously. (5-0)
MOTION: Councilmember Baxley moved the City Council approve the Special Event
Policy as recommended by the Recreation & Parks Commission. The
motion was seconded by Councilmember Peirce.
7
® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — JUNE 12, 2006
or $30,800 of the approximately $70,000/year creek maintenance program cost; and 2)
Standard Fee (fixed) is recommended for residential properties which represents
approximately 12% of the creek maintenance program cost and equates to approximately
$8,400/year. The remainder of the creek maintenance program is for City -owned
properties and infrastructure. The City's portion represents about 44% of the yearly
program cost. Mr. Cunningham recommended the City Council adopt Resolution No. 26-
06 authorizing use of the Agreement to offer and perform routine creek maintenance
services for a fee on behalf of private property owners and direct the Finance Department
to modify the City Master Fee Schedule to reflect these fees and services.
Mayor Peters opened the hearing for public comment.
Pete Dillard asked if there would be a fee if a resident cleans the creek adjoining their
property, and would a permit be needed. He said the cost should be disbursed among all
affected property owners.
Dave Silverman stated his residence has flooded on numerous occasions; he said this fee is
fair to keep the creeks clean.
® Ken Winters requested the City Council not approve this plan tonight in order to receive
more input.
Julianne Moreland asked if the City would make an inspection if a resident has cleaned the
creek.
Jean McIntosh requested the City Council delay their decision on this plan in order for
residents to further understand what is being proposed.
Mayor Peters closed the public comment hearing.
MOTION: Councilmember Baxley adopt Resolution No. 26-06 authorizing use of the
Agreement to offer and perform routine creek maintenance services on
behalf of private property owners for a fee and directing the Finance
Department to modify the City Master Fee Schedule to reflect these
additional fees and services. The motion was seconded by Councilmember
Peirce and carried unanimously. (5-0)
Mayor Peters called for a break at 9:36 p.m.; the meeting resumed at 9:15 p.m.
0
® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — JUNE 12, 2006
B4 RESOLUTION NO. 25-06 ADOPTING FISCAL YEAR 2006/2007 BUDGET;
(ADMINISTRATION)
City Manager Robert Hendrix stated this report pertains to the continued City Council
discussion of the proposed fiscal year 2006-2007 City budget. The report provides updated
information along with Resolution No. 25-06 and supporting information necessary to
adopt the spending plan. After public testimony, Council should discuss any desired
changes to the budget. Based on the nature of any changes adopted by the City Council,
the Council may at its discretion either proceed with adoption or close the hearing and
continue its consideration of the formal action to the meeting of June 26, 2006.
Mayor Peters opened the hearing for public comment.
John Solu stated the transient occupancy tax was under -estimated with a 4% supply
increase due from Ascot Suites and Comfort Inn. He said the rollback with the State
should also be budgeted. He requested Council consider not going flat with the Chamber
of Commerce, Community Promotions Committee and Visitors Conference Bureau to
promote tourism.
Roger Ewing stated there are a lot of questions regarding this budget and recommended
postponing its adoption in order to obtain input from the upcoming Finance Director.
John Weiss stated reducing event fees is an investment for the City. He requested Council
consider increasing advertising to improve tourism.
Ed Biaggini addressed the necessity of promoting tourism in the City through advertising.
He said tourism is the only sustainable revenue in the City. Mr. Biaggini stated Morro Bay
is in two spots in the Visitors Conference Bureau Guide, and a half page ad in the Audubon
Magazine.
Peter Candela, Morro Bay Chamber of Commerce requested the City support the Visitors
Conference Bureau.
Shawn Styler of Ascot Suites requested the City support tourism marketing through the
Visitors Conference Bureau.
Mandy Davis stated the City should maintain its marketing budget through the Visitors
Conference Bureau.
Greg Padgett, Visitors Conference Bureau, requested a review of the City contribution to
the Visitors Conference Bureau. He said he would like to have a dialog with the City
® before a decision is made.
10
® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — JUNE 12, 2006
Mayor Peters closed the public comment hearing.
Mayor Peters stated she could support allocating $15,000 for television advertising and
reserve ads, $10,000 towards the Community Promotions website and $5,000 towards the
Visitors Conference Bureau.
Councilmember Winholtz stated she has concerns with this proposed budget. She said she
supports postponing a decision until next Council meeting.
Councilmember Baxley stated he maintains a conservative position on the revenue, and
supports allocating $5,000 to the Visitors Conference Bureau and review these funds
during the mid -year budget review.
Councilmember Peirce stated he does not want to touch reserve funds, but he does support
an increase in funds for promoting the City.
Councilmember DeMeritt stated she is optimistic on revenue funds, but would rather
review during the mid -year budget review. She reviewed a flash report on the City's
financial position of the General Fund..
MOTION: Mayor Peters moved the City Council amend the proposed Fiscal Year
2006/2007 budget to provide an additional $5,000 payment to the Visitors &
Conference Bureau and an additional $15,000 to Community Promotions
Committee for advertising, promotion or website maintenance. 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 adopt Resolution No. 25-06 adopting
the operating budgets and making appropriations for fiscal year 2006/2007.
The motion was seconded by Councilmember Baxley and carried with
Councilmember DeMeritt and Councilmember Winholtz voting no. (3-2)
C. UNFINISHED BUSINESS — NONE.
D. NEW BUSINESS
D-1 PRESENTATION ON COMMUNITY PROMOTIONS PRESS PACKAGE DVD
(10 MINUTES)
The City Council received a presentation by John Sorgenfrei of TJA Advertising on the
Community Promotions Press Package DVD.
C
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — JUNE 12, 2006
No action was taken on this item.
D-2 PRESENTATION ON LOW IMPACT DEVELOPMENT PROGRAM
PRESENTATION (20 MINUTES)
The City Council received a presentation by Donette Dunaway from the Central Coast
Regional Water Quality Board regarding low impact development.
No action was taken on this item.
D-3 ACTION PLAN FOR IMPLEMENTATION OF SEWER MASTER PLAN AND
NEW STATE MANDATES FOR WASTE DISCHARGE REQUIREMENTS;
(PUBLIC SERVICES)
This item was continued to the June 26, 2006 City Council meeting.
ADJOURNMENT
The meeting adjourned at 10:56 p.m.
Recorded by:
y & 8�v
Bridgett Bauer
City Clerk
12
® City of Morro Bay
Morro Bay, CA 93442
(805)772-6200
NOTICE OF BUDGET WORKSHOP
NOTICE IS HEREBY GIVEN that the Morro Bay City Council will
be holding a Budget Workshop on Thursday, May 25, 2006 at 6:00 D.m.
to be held in the Veterans Memorial Building, 209 Surf Street, Morro Bay,
California. If necessary, the Budget Workshop will be continued to
Thursday, June 1, 2006 at 6:00 D.m. and will be held in the Community
® Center Multi Purpose Room, 1001 Kennedy Way, Morro Bay, California.
The City Council will be reviewing the proposed budget for fiscal
year 2006-2007.
D• • 11•
e� . 1 .1. &
Bridgett:
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.
FINANCE ADMINISTRATION FIRE DEPARTMENT PUBLIC SERVICES
595 Harbor Street 595 Harbor Street 715 Harbor Street 590 Morro Bay Boulevard
® HARBOR DEPARTMENT POLICE DEPARTMENT RECREATION g PARKS
1275 Embarcadero Road 870 Morro Bay Boulevard 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 — MAY 22, 2006
CLOSED SESSION — MAY 22, 2006
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
exposure to litigation pursuant to subdivision (b) of Section 54956.9:
• Austin vs. City of Morro Bay
• City of Mono Bay vs. RWQCB
Significant
IT IS NOTED THAT THE CONTENTS OF CLOSED SESSION MEETINGS
ARE CONFIDENTIAL AND EXEMPT FROM DISCLOSURE.
PUBLIC SESSION — MAY 22, 2006
® 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 MAY 8, 2006 REGULAR CITY
COUNCIL MEETING AND THE MAY 10, 2006 SPECIAL CITY COUNCIL
MEETING; (ADMINISTRATION)
RECOMMENDATION: Approve as submitted.
A-2 INVESTMENT REPORTS FOR MARCH 2O06 AND APRIL 2006; (FINANCE)
RECOMMENDATION: Receive report for information.
A-3 RESOLUTION NO. 21-06 ADOPTING ASSIGNMENT OF 1/3 INTEREST IN
LEASE AGREEMENT FOR LEASE SITE 53-56/53 W-56W LOCATED AT 501
EMBARCADERO; (HARBOR)
RECOMMENDATION: Adopt Resolution No. 21-06.
A-4 RESOLUTION NO. 22-06 ADOPTING SUBLEASE FOR PORTION OF
LEASE SITE 53-56/53W-56W LOCATED AT 501 EMBARCADERO:
(HARBOR)
RECOMMENDATION: Adopt Resolution No. 22-06.
A-5 AUTHORIZATION TO FILE NOTICE OF COMPLETION FOR CITY DOCK
ICE PLANT REPLACEMENT PROJECT; (HARBOR)
® RECOMMENDATION: Accept the City Dock Ice Plant Replacement Project as
completed by Associated Pacific Constructors, Inc., and authorize the filing
of a Notice of Completion.
A-6 APPROVAL OF SETTLEMENT AGREEMENT WITH SAN LUIS COASTAL
UNIFIED SCHOOL DISTRICT; (PUBLIC SERVICES)
RECOMMENDATION: This item has been pulled from the agenda.
A-7 STATUS REPORT ON REGIONAL TRANSIT AUTHORITY BUDGET;
(ADMINISTRATION)
RECOMMENDATION: Direct staff to send a letter to the San Luis Obispo
Regional Transit Authority requesting a delay in consideration of the fiscal
year 2006/2007 budget.
A-8 APPROVAL OF CONTRACT WITH CAROLLO ENGINEERS FOR
WASTEWATER TREATMENT PLANT FACILITY MASTER PLAN;
(PUBLIC SERVICES)
RECOMMENDATION: Approve the contract with Carollo Engineers for the
Wastewater Treatment Plant Facility Master Plan.
k,
A-9 RESOLUTION NO. 23-06 ADOPTING AMENDMENT TO THE CITY
COUNCIL POLICY & PROCEDURES REGARDING CANCELLATION OF
® MEETINGS; (CITY ATTORNEY)
RECOMMENDATION: Adopt Resolution No. 23-06.
A-10 CONTINUANCE OF EMERGENCY CONDITIONS REGARDING THE
CONDITION OF THE MORRO BAY FIRE STATION; (PUBLIC SERVICES)
RECOMMENDATION: Review the actions and determine that there is a need to
continue the emergency declaration.
A-11 APPOINTMENT OF VOTING DELEGATES TO THE CALIFORNIA JOINT
POWERS INSURANCE AUTHORITY (CJPIA)
RECOMMENDATION: Appoint Mayor Peters as the official representative of
the City of Morro Bay on the California Joint Powers Insurance Authority;
and, appoint the City Manager, City Attorney and Assistant City Manager as
alternates.
A-12 PROCLAMATION DECLARING MAY 21-27, 2006 AS "NATIONAL PUBLIC
WORKS WEEK'; (PUBLIC SERVICES)
RECOMMENDATION: Adopt Proclamation.
® B. PUBLIC HEARINGS REPORTS & APPEARANCES
B-1 RESOLUTION ADOPTING THE ENGINEER'S 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: Open the public hearing, and continue the public
hearing to the June 12, 2006 City Council meeting.
B-2 RESOLUTION NO. 24-06 THE ENGINEER'S 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. 24-06.
B-3 APPEAL OF PLANNING COMMISSION DECISION TO DENY A PARKING
SETBACK VARIANCE AT 420 AVALON; (PUBLIC SERVICES)
RECOMMENDATION: Approve the appeal and overturn the Planning
Commission's decision to deny the project.
2
B4 CONSIDERATION OF SEWER COLLECTION MASTER PLAN PROPOSED
® UPDATE; (PUBLIC SERVICES)
RECOMMENDATION: Adopt the Sewer Collection System Master Plan
Update; and, direct staff to perform a financial analysis and return with
recommendations on developing an action plan to ensure there is adequate
funding for the timely implementation of the operational and capital
programs contained in the Plan.
B-5 ORDINANCE NO. 517 PROHIBITING SMOKING AND FIRES ON CITY
COMMERCIAL PIERS AND BEACHES -FIRST READING/INTRODUCTION;
(CITY ATTORNEY)
RECOMMENDATION: Approve fast reading and introduction of Ordinance
No. 517.
C. UNFINISHED BUSINESS
C-1 REPORT ON PROJECT REQUIREMENTS TO DEVELOP AN INTERIM,
FORMAL, OFF -LEASH DOG PARK; (RECREATION & PARKS)
RECOMMENDATION: Discuss and direct staff accordingly.
D. NEW BUSINESS
® D-1 STATUS OF THE PACIFIC LEGAL FOUNDATION LITIGATION
REGARDING THE SNOWY PLOVER; (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.
P
® MINUTES - MORRO BAY CITY COUNCIL
CLOSED SESSION — MAY 22,.2006
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 Baxley moved the meeting be adjourned to Closed
Session. The motion was seconded by Councilmember DeMeritt 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
exposure to litigation pursuant to subdivision (b) of Section 54956.9:
• Austin vs. City of Morro Bay
• City of Morro Bay vs. RWQCB
Significant
The meeting adjourned to Closed Session at 5:00 p.m. and returned to regular session at
5:50 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 5:50 p.m.
�I
® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — MAY 22, 2006
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
Jamie Boucher
Rick Algert
Bruce Ambo
William Boucher
Janeen Burlingame
John DeRohan
Rachel Grossman
Mike Pond
City Manager
Assistant City Manager
City Attorney
Deputy City Clerk
Harbor Director
Public Services Director
Capital Projects Manager
Management Analyst
Police Chief
Assistant Planner
Fire Chief
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
Keith Taylor, Friends of the Morro Bay Fire Department, gave an update on emergency
calls received by the Fire Department this past week.
Garry Johnson gave an update on the "Rock to Pier Clean -Up" that was held by Morro
Bay Beautiful and Cayucos.
Came Filler expressed her support for Judy Vick who is running for District 2
Supervisor, and noted she has been endorsed by The Tribune, Textile Workers Union,
Nurses Association and Sierra Club.
is
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — MAY 22, 2006
David Nelson expressed support for the Kite Festival. He also said there is a study dated
2005 that states particulate matter is serious to our health, and it is the Council's duty to
make the City a safe and healthy place to live. Mr. Nelson noted there is a need for
roadwork to be done on Juniper Street.
The following people addressed Item C-1 (Report on Project Requirements to Develop an
Interim, Formal, Off -Leash Dog Park) stating they would like the City Council to take
action on a temporary fenced dog park at Del Mar Park: Mary Stallard, Sue Dietrick,
Gina Marie Gaughan, Rick Gilligan, Jim Kosmanic, Anita Ayou, and Joe Hoeflick.
David Lily, Regional Transit Manager for the Regional Transit Authority, addressed Item
A-7 (Status Report on Regional Transit Authority Budget) and gave an update on the
RTA budget.
Joey Racano, Ocean Outfall Group, stated the City of Morro Bay and Cayucos were
denied another five-year temporary 301 (h) sewage waiver by the Regional Water Quality
Board. He also addressed Item D-I (Status of the Pacific Legal Foundation Litigation
Regarding the Snowy Plover) stating the City should never have been involved in the
® protection of the endangered Snowy Plover and wasted money on litigation.
Nancy Johnson announced. there will be a meeting on June 15'h at the Morro Bay
Community Center to discuss the formation of a Morro Bay Garden Club.
Nancy Castle announced the benefits of using recyclable bags.
Mayor Peters closed the hearing for public comment.
DECLARATION OF FUTURE AGENDA ITEMS
Councilmember DeMeritt requested to agendize the discussion on the City's policy on
special events and expenses; Council concurred.
Mayor Peters requested to agendize the discussion on proposed legislation on
telecommunications; Council concurred.
A. CONSENT CALENDAR
Unless an item is pulled for separate action by the City Council, the following"actions are
approved without discussion.
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — MAY 22, 2006
A-1 APPROVAL OF MINUTES FOR THE MAY 8, 2006 REGULAR CITY
COUNCIL MEETING AND THE MAY 10, 2006 SPECIAL CITY COUNCIL
MEETING; (ADMINISTRATION)
RECOMMENDATION: Approve as submitted.
A-2 INVESTMENT REPORTS FOR MARCH 2O06 AND APRIL 2006; (FINANCE)
RECOMMENDATION: Receive report for information.
A-3 RESOLUTION NO. 21-06 ADOPTING ASSIGNMENT OF 1/3 INTEREST IN
LEASE AGREEMENT FOR LEASE SITE 53-56/53W-56W LOCATED AT 501
EMBARCADERO; (HARBOR)
RECOMMENDATION: Adopt Resolution No. 21-06.
A4 RESOLUTION NO. 22-06 ADOPTING SUBLEASE FOR PORTION OF
LEASE SITE 53-56/53W-56W LOCATED AT 501 EMBARCADERO;
® (HARBOR)
RECOMMENDATION: Adopt Resolution No. 22-06.
A-5 AUTHORIZATION TO FILE NOTICE OF COMPLETION FOR CITY DOCK
ICE PLANT REPLACEMENT PROJECT; (HARBOR)
E
RECOMMENDATION: Accept -the City Dock Ice Plant Replacement Project as
completed by Associated Pacific Constructors, Inc., and authorize the filing
of a Notice of Completion
A-6 APPROVAL OF SETTLEMENT AGREEMENT WITH SAN LUIS COASTAL
UNIFIED SCHOOL DISTRICT; (PUBLIC SERVICES)
RECOMMENDATION: This item has been pulled from the agenda
A-7 STATUS REPORT ON REGIONAL TRANSIT AUTHORITY BUDGET;
(ADMINISTRATION)
RECOMMENDATION: Direct staff to send a letter to the San Luis Obispo
Regional Transit Authority requesting a delay in consideration of the fiscal
year 2006/2007 budget.
4
® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — MAY 22, 2006
A-8 APPROVAL OF CONTRACT WITH CAROLLO ENGINEERS FOR
WASTEWATER -TREATMENT PLANT FACILITY MASTER PLAN;
(PUBLIC SERVICES)
RECOMMENDATION: Approve the contract with Carollo Engineers for the
Wastewater Treatment Plant Facility Master Plan.
A-9 RESOLUTION NO. 23-06 ADOPTING AMENDMENT TO THE CITY
COUNCIL POLICY & PROCEDURES REGARDING CANCELLATION OF
MEETINGS; (CITY ATTORNEY)
RECOMMENDATION: Adopt Resolution No. 23-06.
A-10 CONTINUANCE OF EMERGENCY CONDITIONS REGARDING THE
CONDITION OF THE MORRO BAY FIRE STATION; (PUBLIC SERVICES)
RECOMMENDATION: Review the actions and determine that there is a need to
continue the emergency declaration.
® A-11 APPOINTMENT OF VOTING DELEGATES TO THE CALIFORNIA JOINT
POWERS INSURANCE AUTHORITY (CJPIA)
11
RECOMMENDATION: Appoint Mayor Peters as the official representative of
the City of Morro Bay on the California Joint Powers Insurance Authority;
and, appoint the City Manager, City Attorney and Assistant City Manager as
alternates.
A-12 PROCLAMATION DECLARING MAY 21-27, 2006 AS "NATIONAL PUBLIC
WORKS WEEK"; (PUBLIC SERVICES)
RECOMMENDATION: Adopt Proclamation.
Councilmember DeMeritt pulled Items A-3 and A-8 from the Consent Calendar;
Councilmember Winholtz pulled Items A-4, A-5 and A-10; and Councilmember Peirce
pulled Item A-7.
MOTION: Councilmember Peirce moved the City Council approve Items A-1, A-2,
A-9, A-11 and A-12 of the Consent Calendar. The motion was seconded
by Councilmember Baxley and carried unanimously. (5-0)
5
® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — MAY 22, 2006
A-3 RESOLUTION NO. 21-06 ADOPTING ASSIGNMENT OF 1/3 INTEREST IN
LEASE AGREEMENT FOR LEASE SITE 53-56/53W-56W LOCATED AT 501
EMBARCADERO; (HARBOR)
Councilmember DeMeritt asked if the marine -related businesses would remain at this
lease site.
Harbor Director Rick Algert responded it would be included in the new lease agreement
that marine -related uses will remain at this lease site with the new development.
MOTION: Councilmember DeMeritt moved the City Council approve Item A-3 of
the Consent Calendar. The motion was seconded by Councilmember
Winholtz and carried unanimously. (5-0)
A4 RESOLUTION NO. 22-06 ADOPTING SUBLEASE FOR PORTION OF
LEASE SITE 53-56/53W-56W LOCATED AT 501 EMBARCADERO;
(HARBOR)
® Councilmember Winholtz asked about the percentage of gross revenues paid for this
lease site. She also asked how someone could lease space for a building that has not yet
been built.
11
Harbor Director Rick Algert responded the sub -lessee pays the lessee 100/a, and the lessee
pays 5% to the City. Mr. Algert noted this sublease is for space that presently exists on
the lease site.
MOTION: Councilmember Winholtz moved the City Council approve Item A4 of
the Consent Calendar. The motion was seconded by Councilmember
Peirce and carved unanimously. (5-0)
A-5 AUTHORIZATION TO FILE NOTICE OF COMPLETION FOR CITY DOCK
ICE PLANT REPLACEMENT PROJECT; (HARBOR)
Councilmember Winholtz asked if this title reflects the end of Council's review of this
project.
Harbor Director Rick Algert responded this is specific to the retrofit of the ice plant
replacement project; however, he would probably be able to complete the remainder of this
project with a City building permit that would not require Council approval.
0
® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — MAY 22, 2006
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-7 STATUS REPORT ON REGIONAL TRANSIT AUTHORITY BUDGET;
(ADMINISTRATION)
Councilmember Peirce asked for clarification on stairs recommendation to send a letter
to the RTA Board regarding their Fiscal Year 2006/2007 budget.
Management Analyst Janeen Burlingame responded staff recommends sending a letter to
RTA for the following reasons: 1) to request approval of their FY 2006/2007 budget with
current levels of service (i.e. no Sunday or evening service); 2) direct RTA staff to return
to the Board with the items relating to Sunday and evening service that includes a FY
2007/2008 budget projection and an analysis of the impact to local jurisdictions; and 3) to
direct RTA staff to include in future budgets a multi -year budget with analysis on the
impact to local jurisdictions for long-term planning purposes, performance criteria to
evaluate and improve service, supply budget information to affected jurisdictions, and
® examine revenue enhancement alternatives for consideration by the end of 2006.
Council discussed current levels of service and the inclusion of Sunday and evening
service.
MOTION: Councilmember DeMeritt moved the City Council direct staff to send the
letter to the San Luis Obispo Regional Transit Authority Board with the
request to delete the parenthetical in #1 regarding no Sunday or evening
service. The motion was seconded by Councilmember Winholtz and failed
with Councilmember Baxley, Councilmember Peirce and Mayor Peters
voting no. (2-3)
MOTION: Councilmember Baxley moved the City Council approve Item A-7 of the
Consent Calendar. The motion was seconded by Councilmember Peirce
and carried with Councilmember Winholtz voting no. (4-1)
A-8 APPROVAL OF CONTRACT WITH CAROLLO ENGINEERS FOR
WASTEWATER TREATMENT PLANT FACILITY MASTER PLAN;
(PUBLIC SERVICES)
Councilmember DeMeritt referred to the Carollo Engineers fee schedule and wanted to
be assured that Carollo use technicians at lower hourly rates to do more of the work than
those who are paid higher hourly wages.
® Council discussed various sections of the contract and cost saving alternatives.
`]
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — MAY 22, 2006
MOTION: Councilmember Baxley moved the City Council approve the contract with
Carollo Engineers for the Facility Master Plan for an amount not to exceed
$273,895. The motion was seconded by Councilmember Peirce and
carved unanimously. (5-0)
MOTION: Mayor Peters moved the City Council direct staff to provide Council at the
first meeting of the month, and the Cayucos Sanitary District Board, with
a monthly progress report on the project. The motion was seconded by
Councilmember Baxley and carried unanimously. (5-0)
A-10 CONTINUANCE OF EMERGENCY CONDITIONS REGARDING THE
CONDITION OF THE MORRO BAY FIRE STATION; (PUBLIC SERVICES)
Councilmember Winholtz asked why the contractor has not submitted the required
insurance and bonding for this project, and why is the City not going with another
contractor.
Public Services Director Bruce Ambo responded that the City received one bid package for
® this project, and it is not unusual for this type of delay.
u
MOTION: Councilmember Peirce moved the City Council approve Item A-10 of the
Consent Calendar. The motion was seconded by Councilmember
Winholtz and carried unanimously. (5-0)
B. PUBLIC HEARINGS. REPORTS & APPEARANCES
B-1 RESOLUTION ADOPTING THE ENGINEER'S 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)
Assistant City Manager Andrea Lueker stated staff is still working on the Engineers
Report for the Cloisters Park and Open Space Lighting and Landscaping Assessment
District. Ms. Lueker recommended the City Council open the public hearing, and then
continue the public hearing to the June 12, 2006 Council meeting.
Mayor Peters opened the hearing for public comment; there being no comments, Mayor
Peters closed the public comment hearing.
D
® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — MAY 22, 2006
B-2 RESOLUTION NO. 24-06 THE ENGINEER'S REPORT AND DECLARING
THE CITY'S INTENTION TO LEVY THE ANNUAL ASSESSMENT FOR
THE MAINTENANCE OF NORTH POINT NATURAL AREA;
(RECREATION & PARKS)
Assistant City Manager Andrea Lueker stated on April 10, 2006, the City Council
adopted Resolution No. 14-06, which initiated the proceedings to levy the annual
assessment to fund the maintenance of the North Point Natural Area. Additionally, staff
was directed to have an Engineers Report prepared detailing the estimated annual
assessment for the parcel owners for fiscal year 2006/07. Upon adoption of Resolution
No. 24-06, the next and final step in the annual levy of assessment process is the protest
hearing/public hearing after which the City Council actually orders the levy of
assessment. Ms. Lueker recommended the City Council adopt Resolution No. 24-06
declaring the intent to levy the annual assessment for the maintenance of the North Point
Natural Area and approving the Engineers Report.
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-
06 approving the Engineer's 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 Peirce and carried
unanimously. (5-0)
El
B-3 APPEAL OF PLANNING COMMISSION DECISION TO DENY A PARKING
SETBACK VARIANCE AT 420 AVALON; (PUBLIC SERVICES)
Assistant Planner Rachel Grossman stated on April 10, 2006, the City Council held a
public hearing to discuss the appeal for a request of a parking exception to allow tandem
parking. The appeal was denied without prejudice and the applicant was encouraged to
apply for a variance to allow parking in the front yard setback. The applicant
subsequently applied for a variance, and the proposed project was heard at the May 1,
2006 Planning Commission meeting, and was denied by a tie vote of the Planning
Commission. Ms. Grossman stated the proposed project would preserve market -rate
affordable rental units within the City for a minimum of ten years, would result in more
uniform development within the neighborhood, and would allow for an additional home
ownership opportunity within the City. All required findings can be made for project
approval given the fact that the variance would not constitute a grant of special privilege,
special circumstances apply to the property, and the requested variance is consistent with
6
® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — MAY 22, 2006
the General Plan and Local Coastal Plan. Ms. Grossman recommended the City Council
approve the appeal and overturn the Planning Commission's decision to deny the project.
Mayor Peters opened the hearing for public comment.
Mark Burnes, applicant/appellant, stated this project complies with the City's General
Plan and Local Coastal Plan. He said he is willing to deed restrict the property for 10
years, except in the case of property damage in a natural disaster, he could maintain a
multi -family structure on this property.
Mayor Peters closed the public comment hearing.
MOTION: Councilmember DeMeritt moved the City Council approve the appeal
with the following conditions: 1) deed restrict 420 Avalon for 10 years as
a multi -family unit at Market Rate Affordable; and 2) to provide parking
on the front yard setback for one car and the driveway consisting of a
permeable surface.
® Council discussed the configuration of the property, and Councilmember DeMeritt
withdrew her motion.
MOTION: Councilmember Peirce moved the City Council approve the appeal and
overturn the Planning Commission's decision to deny the parking setback
variance at 420 Avalon Street. The motion was seconded by
Councilmember Baxley and carried unanimously. (5-0)
B-4 CONSIDERATION OF SEWER COLLECTION MASTER PLAN PROPOSED
UPDATE; (PUBLIC SERVICES)
Capital Projects Manager William Boucher stated the engineering analysis performed for
the Sewer Collection System Master Plan Update determined that both storm water flow
reduction and increased system capacity are needed to meet current "wet weather" needs
and the flows anticipated from future development. Reduction of storm flow to the sewer
system necessitates assertive operational strategies involving system inspections, pipeline
repairs, rehabilitation and replacements and similar techniques performed starting now
and continuing for the life of the community. Additional collection system staffing,
materials and supplies are needed to perform the program as well as contract work.
Increased system capacity is recommended through a series of capital improvement
projects. The operational and capital programs cannot be funded with the current sewer
connection fees and rate structure. Therefore, a financial analysis to provide options for
the needed funding is recommended. The intent of the Plan is to provide the community
with an adequate and safe sewage conveyance system now and into the future
10
® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — MAY 22, 2006
incorporating growth in accord with adopted planning policies. The City's current Plan
was prepared in.1986. The document has served the community well but needed to be
updated to reflect current conditions such as new water usage data, previously
recommended projects that have been completed and areas of possible pipeline
deterioration. Mr. Boucher recommended the City Council adopt the Sewer Collection
System Master Plan Update; and, direct staff to perform a financial analysis and return
with recommendations on developing an action plan to ensure there is adequate funding
for the timely implementation of the operational and capital programs contained in the
Plan.
Steve Tanaka, Director of Water Resources for the Wallace Group, gave an overview of
the findings for the Sewer Collection System Master Plan.
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 the Sewer
Collection System Master Plan Update as presented; and, direct staff to
perform a financial analysis and return to Council with recommendations
® for means to develop an action plan to ensure there is adequate funding for
the timely implementation of the operational and capital programs
contained in the Plan and related to wastewater programs. The motion
was seconded by Councilmember Peirce and carried unanimously. (5-0)
B-5 ORDINANCE NO. 517 PROHIBITING SMOKING AND FIRES ON CITY
COMMERCIAL PIERS AND BEACHES -FIRST READINGANTRODUCTION;
(CITY ATTORNEY)
City Attorney Robert Schultz stated the City Council has recognized that secondary
smoke endangers public health and that discarded used tobacco products are found on the
beach on a daily basis, causing the beach to be unsightly, unclean and dangerous to
children who might ingest them. Accordingly, the City Council, at its April 24, 2006
meeting, directed staff to prepare an ordinance banning smoking on the beach and t-piers.
This ordinance will be enforceable on all City -owned and operated beaches and t-piers
and will also prohibit fires except in designated fire rings. Mr. Schultz recommended the
City Council approve the first reading and introduction of Ordinance No. 517 prohibiting
smoking and fires on City commercial piers and beaches.
Mayor Peters opened the hearing for public comment.
Jim Kosmanic asked if a portable metal bowl could be used for a bon fire at the beach.
El
11
MINUTES - MORRO BAY CITY COUNCIL
® REGULAR MEETING — MAY 22, 2006
Ed Sylvester stated he believes the City only has jurisdiction to the mean high tide mark and
the rest of the beach belongs to the State.
Trim Long, Educator with the San Luis Obispo County Tobacco Control Program, thanked
the City for proposing this ordinance. She said second-hand smoke is the third leading
cause of preventable death, and California is the leader in anti -tobacco movements. Ms.
Long stated smoking on the beach also causes environmental issues such as littering,
endangering animals and small children, and polluting the ocean.
Mayor Peters closed the public comment hearing.
Councilmember DeMeritt stated this ordinance was to address no smoking on the beach
and asked why fires have been included in this ordinance.
Councilmember Peirce stated he could support fires in the sand spit or on the beach with
visible designated areas.
The remainder of the Council supports this ordinance as written.
MOTION: Councilmember Baxley moved the City Council approve the first reading
and introduction of Ordinance No. 517 by title and number only,
prohibiting smoking and fires on City commercial piers and beaches. The
motion was seconded by Councilmember Winholtz and carried with
Councilmember DeMeritt and Councilmember Peirce voting no. (3-2)
Mayor Peters called for a break at 8:50 p.m.; the meeting resumed at 9:00 p.m.
UNFINISHED BUSINESS
C-1 REPORT ON PROJECT REQUIREMENTS TO DEVELOP AN INTERIM,
FORMAL, OFF -LEASH DOG PARK; (RECREATION & PARKS)
Assistant City Manager Andrea Lueker stated several months ago, staff was asked to
bring an update to the City Council regarding the status of establishing an off -leash dog
park in Morro Bay. Staff presented the history of the project and following the staff
presentation, public comments and Council discussion, the City Council made a motion
to officially designate the northwest comer of Del Mar Park for an off -leash dog park, use
the tennis court site as an interim location and directed staff to look into insurance
methods and forming a non-profit group. As a result of that action, there were numerous
public comments at the next Council meeting and the City Council asked that the item
come back for discussion at the April 10, 2006 Council meeting as "Reconsideration of
Long -Term Off -Leash Dog Park Site Within Del Mar Park." The City Council directed
12
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — MAY 22, 2006
staff to investigate and return to Council with information on what is required from
CEQA and other regulations to construct a formal, temporary, fenced dog park at the site
where tennis courts are proposed to be constructed at Del Mar Park in the future. Ms.
Lueker recommended the City Council receive this report, and provide other direction for
staff if desired.
MOTION: Councilmember DeMeritt moved the City Council approve Morro Bay
Pups to start the permit process for a temporary fenced dog park at the Del
Mar Park proposed tennis court site while continuing to look for an
alternate site. The motion was seconded by Councilmember Peirce and
carried with Councilmember Baxley voting no. (4-1)
D. NEW BUSINESS
D-1 STATUS OF THE PACIFIC LEGAL FOUNDATION LITIGATION
REGARDING THE SNOWY PLOVER; (CITY ATTORNEY)
City Attorney Robert Schultz stated in 2002, the California Department of Parks and
Recreation began to increase its efforts to enforce certain regulations at beaches across
the State. The increased level of enforcement was due to the United States Fish and
Wildlife Service's 1993 decision to give Endangered Species Act protection to the Pacific
Coast population of the Western Snowy Plover. In Morro Bay, State Parks declared
certain beach areas off-limits. These restrictions closed large areas of beaches in Morro
Bay, which some people believed blocked access and took away much -needed tourism
revenue. Mr. Schultz recommended the City Council receive this report for information,
and if needed, direct staff accordingly.
MOTION: Mayor Peters moved the City Council exit the lawsuit with the United
States Fish and Wildlife Service regarding the Snowy Plover. The motion
was seconded by Councilmember Baxley and carried unanimously. (5-0)
ADJOURNMENT
The meeting adjourned at 11:01 p.m.
Recorded by:
Jamie Boucher
Deputy City Clerk
it
13
® NOTICE OF SPECIAL MEETING
NOTICE IS HEREBY GIVEN that the Morro Bay City Council will
be holding a Special Meeting on Wednesday, May 10, 2006 at 7:00 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 conducting
interviews to fill vacancies on the Public Works Advisory Board and
Viewshed Ad -Hoc Committee.
DATED: May 4, 2006
Eridgett Ea r, City Clerk
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
SPECIAL MEETING — MAY 10, 2006
COMMUNITY CENTER MULTI PURPOSE ROOM - 7:00 P.M.
Mayor Peters called the meeting to order at 7:00 p.m
PRESENT: Janice Peters
Mayor
Thad Baxley
Councilmember
Melody DeMeritt
Councilmember
Bill Peirce
Councilmember
Betty Winholtz
Councilmember
STAFF: Robert Hendrix
City Manager
PUBLIC COMMENT
There was no public comment.
INTERVIEW OF APPLICANTS
The City Council interviewed the following applicants for the Viewshed Ad -Hoc
® Committee: John Barta, Curt Beebe, Grant Crowl, Liz Klinzman, George Leage, Gerald
Luhr, and Jun Schemmer.
The City Council interviewed Jane Wilzbach for Public Works Advisory Board.
Appointments were made by ballot.
APPOINTMENT OF MEMBERS
MOTION: Councilmember Peirce moved the City Council appoint all 13 applicants
who applied for a position on the Viewshed Ad -Hoc Committee. The
motion was seconded by Councilmember Baxley and carried
unanimously. (5-0)
MOTION: Councilmember DeMeritt moved the City Council appoint Jane Wilzbach
to the Public Works Advisory Board. The motion was seconded by
Councilmember Winholtz and carried unanimously. (5-0)
ADJOURNMENT
The meeting adjourned at 7:30 p.m.
E
® NOTICE OF SPECIAL MEETING
NOTICE IS HEREBY GIVEN that the Morro Bay City Council will
be holding a Special Meeting on Tuesday. May 9, 2006 at 6:30 a.m. to be
held in the Veterans Memorial Building located at 209 Surf Street, Morro
Bay, California. The City Council will be conducting a Business
Community Town Hall Meeting.
DATED: May 4, 2006
® Bridgett Nuer, City Clerk
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
® 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 8, 2006
CLOSED SESSION — MAY 8, 2006
CITY HALL CONFERENCE ROOM - 5:00 P.M.
595 HARBOR ST., MORRO BAY, CA
® CS-1 GOVERNMENT CODE SECTION 54956.9(A); CONFERENCE WITH
LEGAL COUNSEL REGARDING PENDING LITIGATION:
• REDDELL VS. CITY OF MORRO BAY
• RWOCB SETTLEMENT AGREEMENT
IT IS NOTED THAT THE CONTENTS OF CLOSED SESSION MEETINGS
ARE CONFIDENTIAL AND EXEMPT FROM DISCLOSURE.
11
® PUBLIC SESSION — MAY 8, 2006
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 APRIL 10, 2006 AND APRIL 24, 2006 CITY
® COUNCIL MEETINGS; (ADMINISTRATION)
RECOMMENDATION: Approve as submitted.
A-2 RESOLUTION NO. 20-06 ACCEPTING OFFER OF DEDICATION FOR AN
EASEMENT FOR PEDESTRIAN AND BIKE PATH ON MAIN STREET;
(PUBLIC SERVICES)
RECOMMENDATION: Adopt Resolution No. 20-06.
A-3 CONTINUANCE OF EMERGENCY CONDITIONS REGARDING THE
CONDITION OF THE MORRO BAY FIRE STATION; (PUBLIC SERVICES)
RECOMMENDATION: Review the actions and determine that there is a need to
continue the emergency declaration.
A-4 PROCLAMATION DECLARING MAY 2006 AS `BIKE MONTH" AND MAY
15-19, 2006 AS "BIKE TO WORK WEEK"; (ADMINISTRATION)
RECOMMENDATION: Adopt Proclamation.
® B. PUBLIC HEARINGS. REPORTS & APPEARANCES
B-1 CONTINUED PUBLIC HEARING ON APPROVAL OF CONCEPT PLAN
FOR ESTERO LANDING AT 501 EMBARCADERO; (PUBLIC SERVICES)
RECOMMENDATION: Review photo simulations illustrating the new building
from two public viewing locations, and direct staff accordingly.
B-2 CONSIDERATION OF ADOPTION OF THE URBAN WATER
MANAGEMENT PLAN; (PUBLIC SERVICES)
RECOMMENDATION: Consider adoption of the Urban Water Management Plan.
C. UNFINISHED BUSINESS
C-1 CONSIDERATION OF BOARD AND COMMISSION RECOMMENDATIONS
ON GREEN CITIES DECLARATION/URBAN ENVIRONMENTAL ACCORDS;
(PUBLIC SERVICES)
RECOMMENDATION: Consider recommendations from advisory bodies on the
Green Cities Declaration/Urban Environmental Accords.
3
® D. NEW BUSINESS
D-I STAFF REPORT EXPLAINING THE PROCESS, TIMING, RESOURCE
REQUIREMENTS AND EFFECT ON WORK PLAN OF COMPLETING A
REVIEW OF THE NORTH MAIN STREET SPECIFIC PLAN WITH REGARD
TO THE LEVEL OF RESIDENTIAL DEVELOPMENT IN THE AREA;
(PUBLIC SERVICES)
RECOMMENDATION: Discuss and direct staff accordingly.
D-2 REPORT ON IMPLICATIONS OF "INFRASTRUCTURE REPORT CARD"
AND POTENTIAL BOND ACT FUNDING FOR LOCAL
INFRASTRUCTURE; (ADMINISTRATION)
RECOMMENDATION: Discuss and direct staff accordingly.
D-3 CONSIDERATION OF FUNDING A GRANT TO UC DAVIS TO RESEARCH
TESTING METHODS FOR TOXPLASMA GONDII OOCYSTS; (PUBLIC
SERVICES)
RECOMMENDATION: Discuss and direct staff accordingly.
D-4 DISCUSSION ON FORMAL POLICY ALTERNATIVES FOR
® CANCELLATION OF CITY COUNCIL MEETINGS; (ADMINISTRATION)
RECOMMENDATION: Consider policy alternatives for cancellation of City
Council meetings.
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— MAY 8, 2006
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
E
E.
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 54956.9(A); CONFERENCE WITH
LEGAL COUNSEL REGARDING PENDING LITIGATION:
• REDDELL VS. CITY OF MORRO BAY
• RWOCB SETTLEMENT AGREEMENT
The meeting adjourned to Closed Session at 5:00 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 Mayor Peters and unanimously carried. (5-0)
The meeting adjourned at 5:40 p.m.
MINUTES - MORRO BAY CITY COUNCIL
® REGULAR MEETING — MAY 8, 2006
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
William Boucher
Capital Projects Manager
John DeRohan
Police Chief
Mike Pond
Fire Chief
Mike Prater
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 no reportable action under the Brown Act was taken.
PUBLIC COMMENT
Judy Vick announced her candidacy for District 2 Supervisor, and noted there would be a
candidates' forum on May 10, 2006 at the United Methodist Church in Morro Bay.
Keith Taylor, Friend of City of Morro Bay Fire Department, stated modular housing
should be a top priority for the Fire Department.
Susan Heinemann invited the public to a forum on the latest treatment and surgical
options for arthritis on May 9, 2006 at the Inn at Morro Bay. She also announced the
candidates' forum for District 2 Supervisor sponsored by the American Association of
University Women and moderated by the League of Women Voters on May 10, 2006.
Ken Vesterfelt thanked everyone for a very successful car show. He also stated he
applied for a vacancy on the Viewshed Ad -Hoc Committee but will be out of the country
® during the interviews; he requested the City Council consider his application in his
absence.
2
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — MAY 8, 2006
Bob Dickson announced the Wings of Freedom Tour would be held at the San Luis
Obispo County Airport on May 12-15, 2006.
Betty Forsythe thanked Joan Petersen who rode 700 miles for Biking for Books, a benefit
for the City of Morro Bay Library.
Joey Racano, Ocean Outfall Group, stated the only thing that makes sense for a
wastewater treatment plant in this area is a regional plan. He said there is a battle going
on between industrial uses of the estuary and those who want to make a switch to eco-
tourism dollars for everyone.
Joe Hoeflick, Morro Bay Pups, gave an update on their new non-profit organization for
an off -leash fenced dog park.
Lynda Merrill addressed Item D-1 (Residential Development Regulations in the North
Main Street Area) and asked if this plan could be placed on the intemet.
Mayor Peters closed the hearing for public comment.
® DECLARATION OF FUTURE AGENDA ITEMS
Mayor Peters requested a status report on the Pacific Legal Foundation litigation
regarding the snowy plover; Councilmember Baxley and Councilmember Peirce
concurred.
Councilmember Winholtz requested the Council receive a presentation from the Central
Coast Regional Water Quality Control Board on a Low Water Impact Development
Program; Councilmember DeMeritt and Councilmember 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 APPROVAL OF MINUTES FOR APRIL 10, 2006 AND APRIL 24, 2006 CITY
COUNCIL MEETINGS; (ADMINISTRATION)
RECOMMENDATION: Approve as submitted.
A-2 RESOLUTION NO. 20-06 ACCEPTING OFFER OF DEDICATION FOR AN
EASEMENT FOR PEDESTRIAN AND BIKE PATH ON MAIN STREET;
® (PUBLIC SERVICES)
RECOMMENDATION: Adopt Resolution No. 20-06.
MINUTES - MORRO BAY CITY COUNCIL
® REGULAR MEETING — MAY 8, 2006
A-3 CONTINUANCE OF EMERGENCY CONDITIONS REGARDING THE
CONDITION OF THE MORRO BAY FIRE STATION; (PUBLIC SERVICES)
RECOMMENDATION: Review the actions and determine that there is a need to
continue the emergency declaration.
A-4 PROCLAMATION DECLARING MAY 2006 AS `BIKE MONTH" AND MAY
15-19, 2006 AS "BIKE TO WORK WEEK'; (ADMINISTRATION)
RECOMMENDATION: Adopt Proclamation.
Councilmember Winholtz pulled Item A-2 from the Consent Calendar; and Mayor Peters
pulled Item A4.
MOTION: Councilmember Winholtz moved the City Council approve Items A-1 and
A-3 of the Consent Calendar. The motion was seconded by
Councilmember Peirce and carried unanimously. (5-0)
A-2 RESOLUTION NO. 20-06 ACCEPTING OFFER OF DEDICATION FOR AN
® EASEMENT FOR PEDESTRIAN AND BIKE PATH ON MAIN STREET;
(PUBLIC SERVICES)
2
Councilmember Winholtz requested staff clarification on the acceptance of this easement.
Public Services Director Bruce Ambo responded this is an acceptance of the easement only,
and not the acceptance of the improvements to this project.
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-4 PROCLAMATION DECLARING MAY 2006 AS `BIKE MONTH" AND MAY
15-19, 2006 AS "BIKE TO WORK WEEK'; (ADMINISTRATION)
Mayor Peters pulled this item in order to make a presentation.
MOTION: Councilmember Winholtz moved the City Council approve Item A-4 of
the Consent Calendar. The motion was seconded by Councilmember
Peirce and carried unanimously. (5-0)
Fl
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — MAY 8, 2006
B. PUBLIC HEARINGS. REPORTS & APPEARANCES
B-1 CONTINUED PUBLIC HEARING ON APPROVAL OF CONCEPT PLAN
FOR ESTERO LANDING AT 501 EMBARCADERO; (PUBLIC SERVICES)
Senior Planner Mike Prater stated this item was continued from the April 10, 2006 City.
Council meeting, pending additional information including photo simulations illustrating
how the new building would look from two public viewing locations. Mr. Prater
recommended the City Council review the photo simulations provided by the applicant,
and direct staff accordingly.
Al Hoyt, representing the applicant, reviewed the site plans showing elevations of
adjoining properties.
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 approve the Concept Plan
for Estero Landing based on the findings and conditions adopted by the
® Planning Commission at their February 21, 2006 hearing. The motion was
seconded by Councilmember Peirce and carried unanimously. (5-0)
B-2 CONSIDERATION OF ADOPTION OF THE URBAN WATER
MANAGEMENT PLAN; (PUBLIC SERVICES)
Capital Projects Manager William Boucher stated the 2005 Urban Water Management
Plan is a State -mandated analysis of the community's potable water resources intended to
describe the capabilities of delivering water supplies over a 20-year planning period over
a number of climatic conditions. This planning horizon represents community "build
out" under the City's adopted General Plan. This analysis reveals that with continuation
of conjunctive use of the citizen's conservation efforts, our local groundwater resources,
deliveries from the State Water Project and use of the Desalination Facility, the
community is assured a sufficient and reliable supply of water under the various supply
and demand conditions through the year 2025. Mr. Boucher recommended the City
Council consider the recommendations made by staff, the Public Works Advisory Board
and public input, and as a result adopt the 2005 Urban Water Management Plan.
Mayor Peters opened the hearing for public comment.
Joey Racano, Ocean Outfall Group, stated there is funding available for only regional full
tertiary programs. He asked how does one make a water plan and protect themselves
® from the inflow from pollutants.
Mayor Peters closed the public comment hearing.
5
® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — MAY 8, 2006
Councilmember Winholtz disagrees with basic assumptions of population and water
usage projections, which are lower than reported. She said she has a problem with
creating water when we have a sufficient amount.
MOTION: Councilmember Baxley moved the City Council adopt the 2005 Urban
Water Management Plan as presented. The motion was seconded by
Councilmember Peirce and carried with Councilmember Winholtz voting
no. ((4-1)
Mayor Peters called for a break at 8:16 p.m.; the meeting resumed at 8:22 p.m.
C. UNFINISHED BUSINESS
C-1 CONSIDERATION OF BOARD AND COMMISSION RECOMMENDATIONS
ON GREEN CITIES DECLARATION/URBAN ENVIRONMENTAL ACCORDS;
(PUBLIC SERVICES)
Capital Projects Manager William Boucher stated at the March 14, 2006 meeting, the
® City Council directed staff to present the Green Cities Declaration/Urban Environment
Accords report to the commissions and advisory boards to select 3 of the 21 action items
to focus upon and submit recommendations back to the City Council before the end of
May. The commissions and advisory boards discussed the subject and forwarded their
recommendations to implement the following action plans:
• Planning Commission: Items 8, 11 and 21;
• Public Works Advisory Board: Items 8, 11, and 21;
• Harbor Advisory Board: Items 14 and 21;
• Recreation & Parks Commission: Items 8, 16, and 20.
These action items read as follows:
Action 8: Adopt urban planning principles and practices that advance higher density,
mixed use, walk -able, bike -able, and disable -access neighborhoods which coordinate land
use and transportation with open space systems for recreation and ecological restoration.
Action 11: Conduct an inventory of existing canopy coverage in the City; and, then
establish a goal based on ecological and community considerations to plant and maintain
canopy coverage in not less than fifty percent of all available sidewalk planting sites,
with an emphasis on native flora (language added by the Public Works Advisory Board.)
Ll
MINUTES - MORRO BAY CITY COUNCIL
® REGULAR MEETING — MAY 8, 2006
Action 14: Pass a law or implement a program that eliminates leaded gasoline (where it
is still used); phases down sulphur levels in diesel and gasoline fuels, concurrent with
using advance emission controls on all buses, taxis, and public fleets to reduce particulate
matter and smog -forming emissions from those fleets by fifty percent in seven years.
Action 16: Every year, identify one product, chemical or compound that is used within
the City that represents the greatest risk to human health and adopt a law and provide
incentives to reduce or eliminate its use by municipal government.
Action 20: Protect the ecological integrity of the City's primary drinking water sources
(i.e., aquifers, rivers, lakes, wetlands and associated ecosystems.)
Action 21: Adopt municipal wastewater management guidelines and reduce the volume
of untreated wastewater discharges by ten percent in seven years through the expanded
use of recycled water and the implementation of a sustainable urban watershed planning
process that includes participants of all affected communities and is based on sound
economic, social and environmental principles.
MOTION: Councilmember DeMeritt moved the City Council adopt Action Items 11,
14 and 16 of the Green Cities Declaration/Urban Environment Accords.
The motion was seconded by Councilmember Peirce and carried
unanimously. (5-0)
D. NEW BUSINESS
D-I STAFF REPORT EXPLAINING THE PROCESS, TIMING, RESOURCE
REQUIREMENTS AND EFFECT ON WORK PLAN OF COMPLETING A
REVIEW OF THE NORTH MAIN STREET SPECIFIC PLAN WITH REGARD
TO THE LEVEL OF RESIDENTIAL DEVELOPMENT IN THE AREA;
(PUBLIC SERVICES)
Public Services Director Bruce Ambo stated on April 24, 2006, the City Council
requested a future agenda discussion item on what staff believes is the review process for
residential projects in the North Main Street area. An Administrative or Minor Use
Permit is required for any residential project or component of a mixed -use project in this
area, and densities are set at R-4 allowances. Policies and regulations for development in
this area were addressed in the North Main Street Specific Plan that was adopted in 1989.
The plan had a 10-year time horizon and since that time nearly all of the
recommendations in the specific plan have been codified and/or standards incorporated
into other plans and ordinances. All aspects of planning and development policies in this
area were most recently considered through the General Plan/Local Coastal Plan update
® process that was completed in 2004. Similarly, the update to the City's Zoning Ordinance
also included numerous code amendments that were also completed in 2005. In the
update to the Zoning Ordinance, all mixed -use projects with a residential component
7
MINUTES - MORRO BAY CITY COUNCIL
® REGULAR MEETING — MAY 8, 2006
were elevated to a Conditional Use Permit, and development regulations were added that
require the residences to be either above or at the rear of the commercial space. The
updated General Plan/Local Coastal Plan and new Zoning Ordinance have been
submitted for review and certification at the California Coastal Commission. Additional
regulations can be considered when the new Zoning Ordinance comes back before both
the Planning Commission and City Council following the Coastal Commission review.
Mr. Ambo recommended the City Council receive this report, and provide further
direction as deemed appropriate.
Council received this report for information; no action was taken.
Mayor Peters called for a break at 6:58 p.m.; the meeting resumed at 7:12 p.m.
D-2 REPORT ON IMPLICATIONS OF "INFRASTRUCTURE REPORT CARD"
AND POTENTIAL BOND ACT FUNDING FOR LOCAL
INFRASTRUCTURE; (ADMINISTRATION)
City Manager Robert Hendrix stated at the request of Councilmember DeMeritt, the City
Council asked staff to prepare a report based on a technical article in the April 2006
® edition of the journal "Waste Water Professional" titled "California Infrastructure Report
Card". This article contains the premise that developing a letter grade to depict the
condition of infrastructure can be an effective technique for educating the public on the
emerging need to repair and improve much of our nation's infrastructure. The idea was
first promoted by the American Society of Civil Engineers (ASCE) as a way of focusing
public attention on aging infrastructure and to more clearly point out that needed
reinvestment in'infrastructure simply is not happening. The San Luis Obispo County
branch of the ASCE have expressed interest in completing a county -wide report card, and
are currently communicating among association officers and investigating the processes
and involvement needed to complete the work.
Council received this report for information; no action was taken.
D-3 CONSIDERATION OF FUNDING A GRANT TO UC DAVIS TO RESEARCH
TESTING METHODS FOR TOXPLASMA GONDII OOCYSTS; (PUBLIC
SERVICES)
Wastewater Division Manager Bruce Keogh stated at the April 27, 2006 meeting, the
City Council and Cayucos Sanitary District approved shortening the Conversion
Schedule for upgrading the plant to 8 years from the previously approved 9-1/2 year
Schedule. At that meeting, the District's legal counsel introduced an item for discussion
that was not on the agenda. The item was a proposal to provide funds to Dr. Patricia
Conrad at the UC Davis School of Veterinary Medicine for the development of an
analytical method that would allow for both concentration and rapid detection of T.
gondii oocysts in a wide range of environmental samples. The proposal is part of a
n
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — MAY 8, 2006
broader strategy to come to an agreement with the NRDC that would prevent an appeal
process and potential litigation. In addition to shortening the Schedule, one of the biggest
issues the NRDC has discussed is enhanced monitoring of T. gondii. Mr. Keogh
recommended the City Council not approve the T. gondii-funding proposal.
Councilmember Winholtz stated there are no reports that show that the City's outfall is
the cause of this disease. She said she supports contributing $40,000 towards this study.
Councilmember Baxley stated his concern is funding will not help with any testing
program while the City is going through the wastewater treatment plant upgrade.
Councilmember DeMeritt stated there is no credible evidence that this disease does or
does not come from the treatment plant. She said she would only be in favor of
contributing if it was a 50-50 contribution with Cayucos Sanitary District.
Councilmember Peirce stated if there is a contribution it should be proactive and only if it
were a 50-50 contribution of $20,000 with Cayucos Sanitary District. He said it would
take years before there is a viable test, and the treatment plant will be built and running
by then.
Mayor Peters stated she has concern with offering a contribution such as this when there
are other aid to agencies that could benefit from City assistance.
MOTION: Councilmember Baxley moved the City Council not approve the T.
gondii-funding proposal as outlined by staff. The motion was seconded by
Mayor Peters.
Councilmember Peirce stated the NRDC should be contacted to match contribution
funds.
Councilmember Winholtz stated she agrees that NRDC should match the City's
contribution. She said this is a worthy cause to maintain a healthy coast.
Councilmember Baxley stated this is giving public money away for a proposal that has no
guarantees.
Councilmember DeMeritt referred to an article written by Dr. Conrad titled The
Environmental Litter Box and noted she has in preparation validation of the T. gondii
oocysts being found in domestic cats.
Mayor Peters stated she does not support this funding proposal because it would set a
® precedent for other agencies to request funding.
E
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — MAY 8, 2006
VOTE: The motion failed with Councilmember DeMeritt, Councilmember Peirce
and Councilmember Winholtz voting no. (2-3)
MOTION: Councilmember Peirce moved the City Council direct staff to contact the
Cayucos Sanitary District to establish a one-time 50-50 split of funds with
the City's share not to exceed $10,000, and request the NRDC to match
these funds. The motion was seconded by Councilmember Winholtz.
Councilmember Winholtz requested Council amend the proposed amount to $20,000.
VOTE: The motion carried with Councilmember Baxley and Mayor Peters voting
no. (3-2)
D-4 DISCUSSION ON FORMAL POLICY ALTERNATIVES FOR
CANCELLATION OF CITY COUNCIL MEETINGS; (CITY ATTORNEY)
City Attorney Robert Schultz stated at the April 24, 2006 Council meeting, the City
Council requested that staff add language to the Council Policies and Procedures Manual
regarding how meetings are cancelled. Mr. Schultz recommended the City Council
40 review alternatives provided, and direct staff accordingly.
The City Council reviewed the alternatives suggested by the City Attorney, and referred
to the section that states: "Council meetings may be cancelled only by consent of a
majority of the members of the Council not less than _ days before the date of the
meeting. Notice of such cancellation shall be given to all Council Members by written
notice not less than _ days before the meeting.
MOTION: Councilmember Peirce moved the City Council direct the City Attorney to
add a section to the Council Policies and Procedures Manual with the
following language: "Special meetings may be cancelled only by consent
of a majority of the members of the Council not less than 24 hours before
the date of the special meeting. Notice of such cancellation shall be given
to all Council Members and written notice shall be posted for the public
not less than 24 hours before the meeting." The motion was seconded by
Councilmember Winholtz and carried unanimously. (5-0)
ADJOURNMENT - The meeting adjourned at 9:17 p.m.
Recorded by:
® Bridgett Bauer
City Clerk
10
® NOTICE OF SPECIAL
CLOSED SESSION MEETING
NOTICE IS HEREBY GIVEN that the Morro Bay City Council will
be holding a Special Closed Session Meeting on Thursday, Anril 27, 2006
at 5:00 p.m. to be held in the City Hall Conference Room 595 Harbor Street,
Morro Bay, California. The City Council will be discussing the following:
GOVERNMENT CODE SECTION 54956.9(a): CONFERENCE WITH LEGAL
COUNSEL REGARDING PENDING LITIGATION.
• Water Board Settlement Agreement
® 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: April 25, 2006
2
® 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 24, 2006
CLOSED SESSION — APRIL 24, 2006
CITY BALL 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 (I) public employee
regarding evaluation, specifically the City. Manager.
IT IS NOTED THAT THE CONTENTS OF CLOSED SESSION MEETINGS
ARE CONFIDENTIAL AND EXEMPT FROM DISCLOSURE.
E
® PUBLIC SESSION — APRIL 24, 2006
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 AUTHORIZATION FOR MAYOR TO ATTEND THE LEAGUE OF
CALIFORNIA CITIES LEGISLATIVE ACTION DAYS IN SACRAMENTO;
(ADMINISTRATION)
RECOMMENDATION: Authorize Mayor Peters to attend the League of
California Cities Legislative Days.
A-2 AWARD OF FIRE DEPARTMENT MODULAR BUILDING CONTRACT;
(PUBLIC SERVICES)
RECOMMENDATION: Award the manufactured building contract to Central
Coast Housing, Nipomo in the amount of $149,050 and further review the
actions and determine, by at least 4/5 vote, that there is the need to continue
the emergency declaration.
A-3 AUTHORIZATION OF EXCLUSIVE NEGOTIATIONS FOR THE 714
EMBARCADERO/781 MARKET STREET PROPERTY; (CITY ATTORNEY)
RECOMMENDATION: Authorize Mayor to execute a 240-day Exclusive
Negotiating Agreement with West Millennium Homes, Inc. for the purpose of
exploring their proposal, its feasibility, scope and possible impacts.
A-4 AUTHORIZATION TO FILE LITIGATION AGAINST BILL MARTONY AND
® BERNADETTE PEKAREK IN REGARD TO LEASE SITE 35W-36W
LOCATED AT 235 MAIN STREET, PREVIOUSLY KNOWN AS THE
CANNERY; (CITY ATTORNEY)
►l
RECOMMENDATION: Authorize litigation against Bill Martony and
Bernadette Pekarek to ensure removal of the Tenants' improvements (dock)
on Lease Site 35W-36W.
A-5 APPROVAL OF LETTER OF SUPPORT FOR HEALTH CARE INITIATIVE
SB 840 (HEALTH CARE FOR ALL); (CITY COUNCIL)
RECOMMENDATION: Approve the attached letter in support SB 840 as
written or as modified at this time.
A-6 APPROVAL OF CONSULTANT AGREEMENT FOR PLANNING AND
ENGINEERING SERVICES TO SUBDIVIDE THE CITY -OWNED
PROPERTY AT SEC CORAL/SAN JACINTO STREET; (CITY ATTORNEY)
RECOMMENDATION: Review and approve the attached Consultant
Agreement for a sum not to exceed $25,000 and authorize the Mayor to sign
the Agreement.
3
A-7 RESOLUTION ENDORSING THE UNITED STATES MAYORS' CLIMATE
® PROTECTION AGREEMENT; (CITY COUNCIL)
RECOMMENDATION: Adopt Resolution 19-06.
B. PUBLIC HEARINGS, REPORTS & APPEARANCES
B-1 REVIEW OF CITY INSURANCE REQUIREMENTS; (ADMINISTRATION)
RECOMMENDATION: Review the City's current liability insurance
requirements, which must be met by all service providers, parties requesting
permits, contractors, and commercial tenants under Tideland leases.
C. UNFINISHED BUSINESS
C-1 CONSIDERATION OF COASTAL COMMISSION PERMIT CONDITIONS
AND FUNDING FOR HARBORWALK PROJECT; (PUBLIC SERVICES)
RECOMMENDATION: Consider the information in this report and direct staff
on whether to pursue the Project and if so, how to respond to Coastal
Commission conditions of approval and construction and post -construction
funding short -falls.
® C-2 REPORT BACK COMPARING LIFE CYCLE COSTS FOR THE "ENERGY
STAR" HVAC UNITS AND REGULAR UNITS FOR THE COMMUNITY
CENTER; (RECREATION & PARKS)
1
RECOMMENDATION: Review the cost analysis and authorize use of up to
$30,000 to replace the four (4) heating, ventilation and air conditioning
(HVAC) units for the Morro Bay Community Center.
D. NEW BUSINESS
D-1 CONSIDERATION OF BAN ON SMOKING ON THE BEACH; (CITY
ATTORNEY)
RECOMMENDATION: Direction regarding the proposed alternatives.
D-2 REVIEW OF POLICY ON COUNCIL REPRESENTATION ON
DISCRETIONARY BOARDS; (CITY COUNCIL)
RECOMMENDATION: Discuss current policy and relevant issues. Modify as
Council deems appropriate.
0
® D-3 FURTHER CONSIDERATION OF ADVISORY GROUP VACANCIES AND
INTERVIEWS; (ADMINISTRATION)
RECOMMENDATION: 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.
n
L-J
5
® MINUTES - MORRO BAY CITY COUNCIL
CLOSED SESSION — APRIL 24, 2006
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 54957; PERSONNEL ISSUES.
Discussions regarding Personnel Issues including one (1) public employee
regarding evaluation, specifically the City Manager.
The meeting adjourned to Closed Session at 5:00 p.m. and returned to regular session at
5:55 p.m.
MOTION: Councilmember DeMeritt moved the meeting be adjourned. The motion
was seconded by Councilmember Peirce and unanimously carried. (5-0)
The meeting adjourned at 5:55 p.m.
u
® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — APRIL 24, 2006
VETERANS MEMORIAL HALL - 6:00 P.M.
rr1
U
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
John DeRohan
Mike Pond
Jim Koser
Joe Woods
City Manager
Assistant City Manager
City Attorney
City Clerk
Harbor Director
Public Services Director
Capital Projects Manager
Police Chief
Fire Chief
Finance Director
Facilities Superintendent
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 requested the City Council consider banning smoking on the beach:
Mary Ann Brighton and students Alex Brighton, Auston Hayes, Samantha Eberline, Emily
Gacad, Abby Linnene, Bill Woodson, Diane Mason, Susie Correa and Gwen (student).
The following people requested the City Council's support on SB 840 (Health Care for
All): Diane Mason, Joan Decker, Lisa Harper -Henderson, and Carolyn Newman.
Hank Roth announced the next Neighborhood Watch Informational Meeting would be held
on April 26`h, and the topic will be Police and Community Relations.
2
® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — APRIL 24, 2006
Keith Taylor, Friends of the Fire Department, shared pictures of the City's ladder truck that
responded to the fire at Linn's Restaurant in Cambria on Easter Sunday. He requested
participants to join the Friends of the Fire Department.
Mary Stallard, Morro Bay Pups, stated their organization is committed to establish a
permanent fenced -in off -leash dog park in Morro Bay. She said they have 1,100 signatures
on a petition in support of this effort.
Ed Ewing addressed the economy and stated Council should spend more time on issues
related to the City.
Sam Gilstrapp stated his company has made an offer on the Market Street property, and
they are excited to improve this location with public benefits.
Cathy Novak thanked Jim Koser for his service as Finance Director for the City.
Richard Sadowski shared an article on making a case for developing a California
® infrastructure report card, and requested Council consider appointing a group of people to
develop an infrastructure report card to present to the Governor in order to obtain funding
for the City's infrastructure.
Roger Ewing addressed Item A-3 (Authorization of Exclusive Negotiations for the 714
Embarcadero/781 Market Street Property) and said the California Municipal Law
Handbook states any sale of public property must be for the common benefit of the city's
citizens. He stated Morro Bay is not a conference destination city, and requested Council
receive more public input before accepting any offers.
Bill Woodson announced Morro Bay Beautiful and Cayucos Beautiful would be holding a
Rock to Pier Cleanup on May 20'h.
Joe Cadez, Morro Pups, gave an update on their endeavor to locate a permanent fenced -in
off -leash dog park in Morro Bay.
John Bafford, representative of the Eagle Lodge, stated the Easter Egg Hunt was a fun and
successful event.
Ken Vesterfelt thanked Council for holding the town hall meeting for the business
community. He announced the Car Show Committee is still accepting trophy sponsorships
for the upcoming Car Show.
9 Mayor Peters closed the hearing for public comment.
® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — APRIL 24, 2006
Mayor Peters called for a break at 7:07 p.m.; the meeting resumed at 7:15 p.m.
DECLARATION OF FUTURE AGENDA ITEMS
Councilmember Winholtz requested to agendize the discussion on the review of the North
Main Street Specific Plan with regard to the level of residential development in the area
Councilmember DeMeritt requested to agendize the discussion on formal policy
alternatives for cancellation of City Council meetings. She also requested the consideration
of a report on implications of an "Infrastructure Report Card" and potential bond act
funding for local infrastructure.
A. CONSENT CALENDAR
Unless an item is pulled for separate action by the City Council, the following actions are
approved without discussion.
® AA AUTHORIZATION FOR MAYOR TO ATTEND THE LEAGUE OF
CALIFORNIA CITIES LEGISLATIVE ACTION DAYS IN SACRAMENTO;
(ADMINISTRATION)
RECOMMENDATION: Authorize Mayor Peters to attend the League of
California Cities Legislative Days.
A-2 AWARD OF FIRE DEPARTMENT MODULAR BUILDING CONTRACT;
(PUBLIC SERVICES)
RECOMMENDATION: Award the manufactured building contract to Central
Coast Housing, Nipomo in the amount of $149,050 and further review the
actions and determine, by at least 4/5 vote, that there is the need to continue
the emergency declaration.
A-3 AUTHORIZATION OF EXCLUSIVE NEGOTIATIONS FOR THE 714
EMBARCADERO/781 MARKET STREET PROPERTY; (CITY ATTORNEY)
RECOMMENDATION: Authorize Mayor to execute a 240-day Exclusive
Negotiating Agreement with West Millennium Homes, Inc. for the purpose of
exploring their proposal, its feasibility, scope and possible impacts.
M
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — APRIL 24, 2006
A-4 AUTHORIZATION TO FILE LITIGATION AGAINST BILL MARTONY AND
BERNADETTE PEKAREK IN REGARD TO LEASE SITE 35W-36W
LOCATED AT 235 MAIN STREET, PREVIOUSLY KNOWN AS THE
CANNERY; (CITY ATTORNEY)
RECOMMENDATION: Authorize litigation against Bill Martony and Bernadette
Pakarek to ensure removal of the Tenants' improvements (dock) on Lease Site
35W-36W.
A-5 APPROVAL OF LETTER OF SUPPORT FOR HEALTH CARE INITIATIVE SB
840 (HEALTH CARE FOR ALL); (CITY COUNCIL)
RECOMMENDATION: Approve the attached letter in support SB 840 as written
or as modified at this time.
A-6 APPROVAL OF CONSULTANT AGREEMENT FOR PLANNING AND
ENGINEERING SERVICES TO SUBDIVIDE THE CITY -OWNED PROPERTY
AT SEC CORAL/SAN JACINTO STREET; (CITY ATTORNEY)
RECOMMENDATION: Review and approve the attached Consultant Agreement
for a sum not to exceed $25,000 and authorize the Mayor to sign the
Agreement.
A-7 RESOLUTION ENDORSING THE UNITED STATES MAYORS' CLIMATE
PROTECTION AGREEMENT; (CITY COUNCIL)
RECOMMENDATION: Adopt Resolution 19-06.
Councilmember DeMeritt pulled Item A-2 from the Consent Calendar; Councilmember
Winholtz pulled Items A-3, A4, A-5 and A-6; and Mayor Peters pulled Item A-7.
MOTION: Councilmember Baxley moved the City Council approve Item A -I of the
Consent Calendar. The motion was seconded by Councilmember DeMeritt
and carried unanimously. (5-0)
A-2 AWARD OF FIRE DEPARTMENT MODULAR BUILDING CONTRACT;
(PUBLIC SERVICES)
Councilmember DeMeritt announced this item for public information.
0
F1
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — APRIL 24, 2006
MOTION: Councilmember DeMeritt 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 AUTHORIZATION OF EXCLUSIVE NEGOTIATIONS FOR THE 714
EMBARCADERO/781 MARKET STREET PROPERTY; (CITY ATTORNEY)
Councilmember Winholtz stated she would be voting in opposition to this item because it is
not in compliance with the Destination 2000 and Vision 20/20 reports, and it will remove
parking spaces.
Councilmember DeMeritt stated this item should be scheduled as a public hearing. She
expressed concern with the loss of parking with this proposed project. Councilmember
DeMeritt stated she would vote in favor of this proposal only because it is tentative and
will include public hearings, and something needs to happen with this property.
Mayor Peters stated a conference center could be beneficial to the community. She said the
parking issue can be worked out, and the condominium units could be rented as vacation
® rentals.
MOTION: Mayor Peters 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)
A-4 AUTHORIZATION TO FILE LITIGATION AGAINST BILL MARTONY AND
BERNADETTE PEKAREK IN REGARD TO LEASE SITE 35W-36W
LOCATED AT 235 MAIN STREET, PREVIOUSLY KNOWN AS THE
CANNERY; (CITY ATTORNEY)
Councilmember Winholtz stated she would be voting in opposition to this item.
MOTION: Councihnember Baxley moved the City Council approve Item A-4 of the
Consent Calendar. The motion was seconded by Councilmember Peirce and
carried with Councilmember DeMeritt and Councilmember Winholtz voting
no. (3-2)
A-5 APPROVAL OF LETTER OF SUPPORT FOR HEALTH CARE INITIATIVE SB
840 (HEALTH CARE FOR ALL); (CITY COUNCIL)
Councilmember Winholtz stated there would be a statewide kick-off for SB 840 on August
® 12a' in Morro Bay.
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — APRIL 24, 2006
MOTION: Councilmember Winholtz moved the City Council approve Item A-5 of the
Consent Calendar. The motion was seconded by Councihnember DeMeritt
and carried unanimously. (5-0)
A-6 APPROVAL OF CONSULTANT AGREEMENT FOR PLANNING AND
ENGINEERING SERVICES TO SUBDIVIDE THE CITY -OWNED PROPERTY
AT SEC CORAL/SAN JACINTO STREET; (CITY ATTORNEY)
Councilmember Winholtz stated she believes the City can prepare the planning and
engineering on this subdivision in-house.
Public Services Director Bruce Ambo stated staff can prepare the preliminary plan,
however, a surveyor would need to prepare the survey of the subdivision.
MOTION: Councilmember Winholtz 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 RESOLUTION NO. 19-06 ENDORSING THE UNITED STATES MAYORS'
CLIMATE PROTECTION AGREEMENT; (CITY COUNCIL)
Mayor Peters announced this item for public information.
MOTION: Mayor Peters moved the City Council approve Item A-7 of the Consent
Calendar. The motion was seconded by Councilmember Winholtz and
carried unanimously. (5-0)
B. PUBLIC HEARINGS, REPORTS & APPEARANCES
B-I REVIEW OF CITY INSURANCE REQUIREMENTS; (ADMINISTRATION)
Assistant City Manager Andrea Lueker stated the City of Morro Bay joined the California
Joint Powers Insurance Authority (CJPIA) on July 1, 2003 for general liability protection.
The CJPIA also provides numerous training and risk management related resources. The
City's insurance requirements that are placed on service providers and others doing
business with the City are largely unchanged since 1998 and are consistent with the
recommendations outlined in the CJPIA's Contractual Risk Transfer for Public Agencies
manual. The City of Morro Bay typically requires liability insurance in a number of areas,
the most common being Public Area Use Permits, Facility User Permits, Improvement
Agreements, Capital Projects, Tideland Leases and Filming Permits. When an individual
7
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — APRIL 24, 2006
or organization desires to use public areas or facilities, and is unable to meet the City's
insurance requirements through their existing coverage, the City works with two companies
that can provide liability insurance, thus meeting the user's requirement for insurance prior
to receiving a permit. Staff has invited Jim Gross, Senior Risk Consultant with the CJPIA
to answer questions that the City Council may have regarding the basis for the City's
standard insurance requirements. Ms. Lueker recommended the City Council review the
City's current liability insurance requirements, which must be met by all service providers,
parties requesting permits, contractors, and commercial tenants under Tideland leases.
Mayor Peters opened the hearing for public comment.
John Weiss stated the Rotary Club carries a $5 million policy for events such as the 4°i of
July and Harbor Festival. He said the City should work with non-profit groups to
encourage tourist -related events.
Mayor Peters closed the public comment hearing.
This was an informational item; no action was taken.
® C. UNFINISHED BUSINESS
11
C-1 CONSIDERATION OF COASTAL COMMISSION PERMIT CONDITIONS
AND FUNDING FOR HARBORWALK PROJECT; (PUBLIC SERVICES)
Capital Projects Manager Bill Boucher stated the Harborwalk Project proposes to build an
ADA-compliant pedestrian walkway and Class I bike trail along the waterfront in the area
from Beach Street to Mono Rock. A significant part of this effort entails moving Coleman
Drive and portion of the Embarcadero from their current locations adjacent to the edge of
the water to positions further away from the bay. In order to comply with the California
Coastal Commission conditions of approval, it will be necessary to obtain additional
funding or modify the scope of the project to reduce construction costs. The City risks
losing almost $2 million of existing grants unless the project moves forward now. It is
unlikely that other grant funding can be secured in this time frame but may be available at a
later date after construction on the project has either begun or been completed. There are
also serious policy implications for the City .with the Coastal Commission's unsubstantiated
designation of environmentally sensitive habitat areas and further restrictions on City
parking closures during special events. Mr. Boucher recommended the City Council
consider the information in this report and direct staff on whether to pursue the project and
if so, how to respond to Coastal Commission conditions of approval and construction and
post -construction funding shortfalls.
9
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — APRIL 24, 2006
Councilmember Baxley stated Council should pursue this project, and direct staff to go out
to bid for the base unit from the parking lot to Morro Rock and to include alternatives A
and B as outlined by staff. He said the City would need to work with the Coastal
Commission based on their determination on the parking lot. Councilmember Baxley
stated the ESHA is a part of Phase 2, and he would like to see Phase I take place.
Councilmember Winholtz stated she would like to consider ways to save costs on this
project.
Councilmember Peirce stated he supports this project, however he has concerns with the
impact on the Harbor Festival, with State Parks obtaining control over the area north of the
road, and the determination of the city -owned 20 acres.
Councilmember DeMeritt stated this is an excellent project, however, she too has concerns
with the conditions set by the Coastal Commission.
Mayor Peters stated there should be no concern with parking during the Harbor Festival
® with the use of the trolley and parking being provided in other parts of the City. She would
like to obtain further information on costs.
MOTION: Councilmember Baxley moved the City Council direct staff to move
forward with the bid process for the Harborwalk Project; that there be a base
bid for the project area between the intake building and the Mono Rock
restroom, and two bid alternatives; bid Alternate A is to include the area
from the intake building south to Beach Street and Alternate B is to include
the area from the Morro Rock restroom to the Mono Rock parking lot. Staff
was further directed to send the City's concerns to the Coastal Commission
regarding the project condition regulating parking within the City and with
regard to the extremely expansive CEQA mitigation placed on the project.
The motion was seconded by Councilmember Winholtz and carried with
Councilmember DeMeritt and Councilmember Peirce voting no. (3-2)
C-2 REPORT BACK COMPARING LIFE CYCLE COSTS FOR THE "ENERGY
STAR" HVAC UNITS AND REGULAR UNITS FOR THE COMMUNITY
CENTER; (RECREATION & PARKS)
Facilities Superintendent Joe Woods stated prior to construction, the City Council approved
a Maintenance Impact Statement for the Morro Bay Community Center. The Impact
Statement projected the costs associated with the operation of the building. Included
within those cost estimates was an amount of "set aside" funding each year to establish a
® reserve to fund large repairs and costly maintenance required for building systems. The
0
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — APRIL 24, 2006
reserve has previously been used for re -carpeting, re -roofing and replacement of a water
heater. After 17 years, it is apparent that the heating, ventilation and air conditioning
(HVAC) units must be replaced due to their age and exposure to corrosive salt air. Mr.
Woods recommended the City Council review the cost analysis and authorize use of up to
$30,000 to replace the four HVAC units for the Morro Bay Community Center.
MOTION: Councilmember Winholtz moved the City Council authorize the use of up to
$30,000 to replace four heating, ventilation and air conditioning units for the
Morro Bay Community Center subsequent to conversation with Ken
Haggard with the Green Build Program. The motion was seconded by
Councilmember DeMeritt and failed with Councilmember Baxley,
Councilmember Peirce and Mayor Peters voting no. (2-3)
MOTION: Councilmember Baxley moved the City Council authorize the use of up to
$30,000 to replace four heating, ventilation and air conditioning units for the
Morro Bay Community Center. The motion was seconded by
Councilmember Peirce and carried with Councilmember DeMeritt voting
no. (4-1)
® Mayor Peters called for a break at 9:00 p.m.; the meeting resumed at 9:15 p.m.
EY
D. NEW BUSINESS
D-1 CONSIDERATION OF BAN ON SMOKING ON THE BEACH; (CITY
ATTORNEY)
City Attorney Robert Schultz stated at the April 10, 2006 City Council meeting, staff was
requested to present a report on the implications of prohibiting smoking on public beaches.
Cities up and down California's shoreline have considered or are considering bans on
beach smoking as a way to both cut down on beach litter and reduce exposure to
secondhand smoke. As the top pollutant on beaches, cigarette butts often wash directly
into ocean waters, to the detriment of marine life and all recreational ocean users. Mr.
Schultz requested the City Council direct staff to prepare an ordinance to prohibit smoking
on City beaches and/or piers and or parking lots with either passive or aggressive
enforcement; or, refer the issue to the Parks and Recreation Commission for further study
and public input; or, gather additional information from other jurisdictions and report back
at a later date.
10
11,
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — APRIL 24, 2006
MOTION: Councilmember Baxley moved the City Council direct staff to prepare an
ordinance to prohibit smoking on City beaches and piers with passive
enforcement. The motion was seconded by Councilmember Peirce and
carried unanimously. (5-0)
D-2 REVIEW OF POLICY ON COUNCIL REPRESENTATION ON
DISCRETIONARY BOARDS; (CITY COUNCIL)
Councilmember Winholtz stated at present the City Council has taken the position that
voting on County boards is a matter of individual preference and therefore each
representative should vote his or her conscience on regional issues. A policy issue was
raised, "Should a delegate from the City Council be empowered to vote contrary to the
interests of the City?" Councilmember Winholtz requested Council discuss the current
policy and relevant issues, and modify, as Council deems appropriate.
The City Council agreed to not make any changes to Council representation on County
boards unless there is a financial impact to the City.
No further action was taken on this item.
D-3 FURTHER CONSIDERATION OF ADVISORY GROUP VACANCIES AND
INTERVIEWS; (ADMINISTRATION)
City Manager Robert Hendrix stated the special City Council meeting of April 19, 2006 did
not take place as originally planned. Mr. Hendrix recommended the City Council take this
opportunity to provide staff direction regarding how best to proceed regarding the
vacancies and direct staff accordingly.
Councilmember DeMeritt stated there should be a policy on cancellation of a City Council
meeting in the City Council Policies and Procedures. She said the participation on the
advisory boards has been evolving constantly and Council should determine how many
members serve on these boards.
Councilmember Baxley stated the Public Works Advisory Board should consider how
many members should serve on this Board.
Councilmember Peirce stated the reason why the boards and commissions went to seven
members was due to criticism that the same members were serving, and this was a way to
balance the representation on the boards.
11
® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — APRIL 24, 2006
Councilmember Winholtz stated it is the City Council's decision on how many members
serve on the boards. She said to reduce positions on the boards would reduce City
participation.
Mayor Peters stated there has been a higher dropout rate on the advisory boards.
MOTION: Councilmember Baxley moved the City Council refer the issue of
committee size to the various advisory groups (in this case, the Public
Works Advisory Board) and consider a recommendation from them at a
future City Council meeting. The motion was seconded by Councilmember
Peirce and failed with Councilmember DeMeritt, Councilmember Winholtz
and Mayor Peters voting no. (2-3)
MOTION: Councilmember Winholtz moved the City Council reschedule the special
City Council meeting on May 11, 2006 starting at 7:00 p.m. The motion
was seconded by Councilmember DeMeritt and carried unanimously. (5-0)
(Subsequent to this meeting, the special City Council meeting has been scheduled for May
40 10, 2006.)
MOTION: Councilmember DeMeritt moved the City Council to devise a policy on the
cancellation of meetings in Council policies and procedures. The motion
was seconded by Councilmember Winholtz and carried unanimously. (5-0)
FAIVIX61113MVA10211
The meeting adjourned at 10:26 p.m.
Recorded by:
cu `RAi
Bridgett Bauer
City Clerk
12
® NOTICE OF SPECIAL MEETING
NOTICE IS HEREBY GIVEN that the Morro Bay City Council will
be holding a Special Meeting on Wednesday, April 19, 2006 at 7:00 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 conducting
interviews to fill vacancies on the Public Works Advisory Board and
Viewshed Ad -Hoc Committee.
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: April 12, 2006
Bridgett Mauer, City Clerk
0
® 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 10, 2006
CLOSED SESSION — APRIL 10, 2006
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.
Property: Embarcadero and Market Street property.
Negotiating Parties: West Millennium Homes.
Negotiations: Voluntary Purchase and Sale/ENA/DA.
CS-2 GOVERNMENT CODE SECTION 54957; PERSONNEL ISSUES.
Discussions regarding Personnel Issues including one (I) public employee
regarding evaluation, specifically the City Manager.
IT IS NOTED THAT THE CONTENTS OF CLOSED SESSION MEETINGS
ARE CONFIDENTIAL AND EXEMPT FROM DISCLOSURE.
C
PUBLIC SESSION — APRIL 10, 2006
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 MARCH 27, 2006 CITY COUNCIL
® MEETING; (ADMINISTRATION)
RECOMMENDATION: Approve as submitted.
2
A-2 SECOND READING AND ADOPTION OF ORDINANCE NO 516
®. APPROVING AMENDMENT TO PERS CONTRACT IMPLEMENTING
3%@50 PLAN FOR FIRE SAFETY MEMBERS; (ADMINISTRATION)
RECOMMENDATION: Approve second reading and adoption of Ordinance No.
516.
A-3 RESOLUTION NO. 16-06 APPROVING A TWO-YEAR LEASE
AGREEMENT FOR LEASE SITE 133W LOCATED AT 1251
EMBARCADERO; (HARBOR)
RECOMMENDATION: Adopt Resolution No. 16-06.
A4 AUTHORIZATION TO USE MORRO BAY COMMUNITY CENTER
RESERVE FUNDS FOR HEATING, VENTILATION AND AIR
CONDITIONING UNIT REPLACEMENT; (RECREATION & PARKS)
RECOMMENDATION: Authorize use of up to $30,000 to replace 4 heating,
ventilation and air conditioning units at the Morro Bay Community Center.
A-5 2005 ANNUAL WATER REPORT; (PUBLIC SERVICES)
RECOMMENDATION: Adopt the same water allocation program as last year.
® A-6 AUTHORIZATION TO FILE LITIGATION AGAINST BILL MARTONY AND
BERNADETTE PEKAREK IN REGARD TO LEASE SITE 35W-36W
LOCATED AT 235 MAIN STREET, PREVIOUSLY KNOWN AS THE
CANNERY; (CITY ATTORNEY)
RECOMMENDATION: Authorize litigation to ensure removal of the tenants'
improvements on Lease Site 35W-36W.
A-7 RESOLUTION NO. 17-06 IN SUPPORT OF PERMANENTLY PROHIBIT OIL
AND GAS LEASING OFF THE COAST OF THE STATE OF CALIFORNIA
(H.R. 4782/CAPPS); (HARBOR)
RECOMMENDATION: Adopt Resolution No. 17-06.
A-8 RESOLUTION NO. 18-06 AUTHORIZING CITY MANAGER TO EXECUTE
ALL STATE MASTER AGREEMENT PROGRAM SUPPLEMENTS; (PUBLIC
SERVICES)
RECOMMENDATION: Adopt Resolution No.1"6.
A-9 CONTINUANCE OF EMERGENCY CONDITIONS REGARDING THE
® CONDITION OF THE MORRO BAY FIRE STATION; (PUBLIC SERVICES)
RECOMMENDATION: Review the actions and determine that there is a need to
continue the emergency declaration.
3
A-10 PROCLAMATION DECLARING ARBOR DAY CELEBRATION IN MORRO
® BAY; (RECREATION & PARKS)
RECOMMENDATION: Adopt Proclamation.
A-11 PROCLAMATION DECLARING "MONTH OF THE CHILD" AND "CHILD
ABUSE PREVENTION MONTH"; (ADMINISTRATION)
RECOMMENDATION: Adopt Proclamation.
A-12 AWARD OF CONTRACT FOR PREPARATION OF A PARKING
MANAGEMENT PLAN; (PUBLIC SERVICES)
RECOMMENDATION: Authorize the City Manager to Execute a Contract with
TPG Consulting Inc. for the preparation of a Parking Management Plan.
B. PUBLIC HEARINGS. REPORTS & APPEARANCES
B-1 RECONSIDERATION OF LONG-TERM OFF -LEASH DOG PARK SITE
WITHIN DEL MAR PARK; (RECREATION & PARKS)
RECOMMENDATION: Discuss and direct staff accordingly.
B-2 REPORT FROM VISITORS CONFERENCE BUREAU ON FORMATION OF
® A BUSINESS IMPROVEMENT DISTRICT; (ADMINISTRATION)
RECOMMENDATION: Receive report for information, and direct staff
accordingly.
B-3 APPEAL OF PLANNING COMMISSION DENIAL OF A REQUEST FOR
PARKING EXCEPTION TO ALLOW A TANDEM PARKING SPACE AT 420
AVALON STREET; (PUBLIC SERVICES)
RECOMMENDATION: Approve the appeal and overturn the Planning
Commission's decision to deny the project.
BA APPROVAL OF CONCEPT PLAN FOR ESTERO LANDING AT 501
EMBARCADERO; (PUBLIC SERVICES)
RECOMMENDATION: Approve the Concept Plan for Estero Landing based on
the findings and conditions adopted by the Planning Commission.
B-5 RESOLUTION NO. 14-06 INITIATING PROCEEDINGS TO LEVY THE
ANNUAL ASSESSMENT FOR THE NORTH POINT NATURAL AREA
LANDSCAPING AND LIGHTING MAINTENANCE ASSESSMENT
® DISTRICT; (RECREATION & PARKS)
RECOMMENDATION: Adopt Resolution No. 14-06.
4
B-6 RESOLUTION NO. 15-06 INITIATING PROCEEDINGS TO LEVY THE
ANNUAL ASSESSMENT FOR THE CLOISTERS PARK AND OPEN SPACE
® LANDSCAPING AND LIGHTING MAINTENANCE ASSESSMENT
DISTRICT; (RECREATION & PARKS)
RECOMMENDATION: Adopt Resolution No. 15-06.
C. UNFINISHED BUSINESS
C-1 CONSIDERATION OF COASTAL COMMISSION PERMIT CONDITIONS
AND FUNDING FOR HARBORWALK PROJECT; (PUBLIC SERVICES)
RECOMMENDATION: Consider the information in the report and direct staff
on whether to pursue the project, and if so, how to respond to Coastal
Commission conditions of approval and construction and post -construction
funding shortfalls.
D. NEW BUSINESS — NONE.
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.
n
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.
E
® MINUTES - MORRO BAY CITY COUNCIL
CLOSED SESSION — APRIL 10, 2006
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.
Property: Embarcadero and Market Street property.
Negotiating Parties: West Millennium Homes.
Negotiations: Voluntary Purchase and Sale/ENAJDA.
CS-2 GOVERNMENT CODE SECTION 54957; PERSONNEL ISSUES.
Discussions regarding Personnel Issues including one (1) _ public employee
regarding evaluation, specifically the City Manager.
The meeting adjourned to Closed Session at 5:00 p.m. and returned to regular session at
5:55 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 5:55 p.m.
11
® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — APRIL 10, 2006
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
Melody DeMeritt
William Peirce
Betty Winholtz
STAFF: Robert Hendrix
Andrea Lueker
Robert Schultz
Bridgett Bauer
Rick Algert
Bruce Ambo
Bill Boucher
John DeRohan
Rachel Grossman
Jim Koser
Mike Pond
Mike Prater
ESTABLISH QUORUM AND CALL TO ORDER
MOMENT OF SILENCE
PLEDGE OF ALLEGIANCE
Councilmember
Councilmember
Councilmember
Councilmember
City Manager
Assistant City Manager
City Attorney
City Clerk
Harbor Director
Public Services Director
Capital Projects Manager
Police Chief
Assistant Planner
Finance Director
Fire Chief
Senior Planner
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
Ed Ewing addressed the actions of a Harbor Advisory Board Member that he finds
legally questionable.
Greg Smith of State Parks and Recreation gave an update on the snowy plovers; he said
they have received funding to upgrade the marina restroom so it will be ADA compliant;
and they are working with City staff to arrange a trolley stop at the campground.
Rosalee Valvo stated the roads surrounding the Chorro Creek Bridge have become
dangerous with the recent rains, and asked if the City has considered safety precautions.
11
® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — APRIL 10, 2006
Karen Kimura, representing the San Luis Obispo Child Care Planning Council presented
Council with ribbons and posters in honor of Month of the Child.
Al Meyer stated he would like the City to step in and handle some of the problems with
sinking boats and pilings in the bay.
Mary Britton, Suzie Correa, Don Shallenberger and representatives from the Estero Bay
Youth Coalition (Jerrod Smith, Phillip Moms, Emily Gacad) addressed Council
regarding the ban on smoking on public beaches.
Marla Britton stated the Immigration Customs and Enforcement (ICE) Agency is a
dysfunctional organization. She said the children of the family involved in the recent
incident brought on by ICE have been negatively impacted by the incident that took place
in her neighborhood.
Richard Sadowski stated he performed an in-service flow study for the Cayucos Sanitary
District in 2003-2004. He said he would like to obtain current and accurate data in
regards to the wastewater treatment plant and submit it to Wallace Engineering.
® Nancy Johnson listed the various organizations that receive funds collected from the
Garden Tour.
Betty Forsythe introduced Joan Petersen who is performing a Biking for Books in support
of the Friends of the Library and the Morro Bay Library.
Dannie Tope invited all to the Ride to the Rock on Saturday, April 15'h which funds go
towards Camp Hapitok.
John Bafford, Morro Bay Eagles, announced the Easter Egg Hunt would be held on
Saturday, April 15'h at Del Mar Park.
Mayor Peters closed the hearing for public comment.
DECLARATION OF FUTURE AGENDA ITEMS
Councilmember DeMeritt requested to agendize the discussion of banning smoking on
the beach; Councilmember Peirce and Mayor Peters concurred.
Councilmember Winholtz requested to agendize the review of policy on Council
representation on discretionary boards; Councilmember Peirce and Councilmember
® DeMeritt concurred.
3
® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — APRIL 10, 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 MARCH 27, 2006 CITY COUNCIL
MEETING; (ADMINISTRATION)
RECOMMENDATION: Approve as submitted.
A-2 SECOND READING AND ADOPTION OF ORDINANCE NO 516
APPROVING AMENDMENT TO PERS CONTRACT IMPLEMENTING
3%@50 PLAN FOR FIRE SAFETY MEMBERS; (ADMINISTRATION)
RECOMMENDATION: Approve second reading and adoption of Ordinance No.
516.
® A-3 RESOLUTION NO. 16-06 APPROVING A TWO-YEAR LEASE
AGREEMENT FOR LEASE SITE 133W LOCATED AT 1251
EMBARCADERO; (HARBOR)
RECOMMENDATION: Adopt Resolution No. 16-06.
A4 AUTHORIZATION TO USE MORRO BAY COMMUNITY CENTER
RESERVE FUNDS FOR HEATING, VENTILATION AND AIR
CONDITIONING UNIT REPLACEMENT; (RECREATION & PARKS)
RECOMMENDATION: Authorize use of up to $30,000 to replace 4 heating,
ventilation and air conditioning units at the Morro Bay Community Center.
A-5 2005 ANNUAL WATER REPORT; (PUBLIC SERVICES)
RECOMMENDATION: Adopt the same water allocation program as last year.
2
® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — APRIL 10, 2006
A-6 AUTHORIZATION TO FILE LITIGATION AGAINST BILL MARTONY AND
BERNADETTE PEKAREK IN REGARD TO LEASE SITE 35W-36W
LOCATED AT 235 MAIN STREET, PREVIOUSLY KNOWN AS THE
CANNERY; (CITY ATTORNEY)
RECOMMENDATION: Authorize litigation to ensure removal of the tenants'
improvements on Lease Site 35W-36W.
A-7 RESOLUTION NO. 17-06 IN SUPPORT OF PERMANENTLY PROHIBIT OIL
AND GAS LEASING OFF THE COAST OF THE STATE OF CALIFORNIA
(H.R. 4782/CAPPS); (HARBOR)
RECOMMENDATION: Adopt Resolution No. 17-06.
A-8 RESOLUTION NO. 18-06 AUTHORIZING CITY MANAGER TO EXECUTE
ALL STATE MASTER AGREEMENT PROGRAM SUPPLEMENTS; (PUBLIC
SERVICES)
® RECOMMENDATION: Adopt Resolution No.18-06.
A-9 CONTINUANCE OF EMERGENCY CONDITIONS REGARDING THE
CONDITION OF THE MORRO BAY FIRE STATION; (PUBLIC SERVICES)
RECOMMENDATION: Review the actions and determine that there is a need to
continue the emergency declaration.
A-10 PROCLAMATION DECLARING ARBOR DAY CELEBRATION IN MORRO
BAY; (RECREATION & PARKS)
RECOMMENDATION: Adopt Proclamation.
A-11 PROCLAMATION DECLARING "MONTH OF THE CHILD" AND "CHILD
ABUSE PREVENTION MONTH"; (ADMINISTRATION)
RECOMMENDATION: Adopt Proclamation.
A-12 AWARD OF CONTRACT FOR PREPARATION OF A PARKING
MANAGEMENT PLAN; (PUBLIC SERVICES)
RECOMMENDATION: Authorize the City Manager to Execute a Contract with
® TPG Consulting Inc. for the preparation of a Parking Management Plan.
® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — APRIL 10, 2006
Mayor Peters pulled Item A-] from the Consent Calendar; Councilmember Winholtz pulled
Items A-3, A-5, and A-6; and Councilmember DeMeritt pulled Item A4.
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 -I APPROVAL OF MINUTES FOR THE MARCH 27, 2006 CITY COUNCIL
MEETING; (ADMINISTRATION)
Mayor Peters requested an amendment to the minutes on page 8, paragraph 3 relating to
budget priorities, service levels and compensation; Council concurred.
Councilmember DeMeritt requested an amendment to a statement in Public Comment be
corrected for clarification; Council concurred.
MOTION: Mayor Peters 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 RESOLUTION NO. 16-06 APPROVING A TWO-YEAR LEASE
AGREEMENT FOR LEASE SITE 133W LOCATED AT 1251
EMBARCADERO; (HARBOR)
Councilmember DeMeritt requested staff clarification on this lease agreement.
MOTION: Councilmember DeMeritt moved the City Council approve Item A-3 of
the Consent Calendar. The motion was seconded by Councilmember
Peirce and carried unanimously. (5-0)
A4 AUTHORIZATION TO USE MORRO BAY COMMUNITY CENTER
RESERVE FUNDS FOR HEATING, VENTILATION AND AIR
CONDITIONING UNIT REPLACEMENT; (RECREATION & PARKS)
Councilmember DeMeritt stated this item should be scheduled as a business item for
public input.
MOTION: Councilmember Winholtz moved the City Council continue this item to
the April 24, 2006 Council meeting. The motion was seconded by
® Councilmember DeMeritt and carried unanimously. (5-0)
0
® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — APRIL 10, 2006
A-5 2005 ANNUAL WATER REPORT; (PUBLIC SERVICES)
Councilmember Winholtz suggested the removal of staff recommendation #2.
Councilmember DeMeritt recommended maintaining the first sentence in staff
recommendation #2, and the removal of the last sentence.
MOTION: Councilmember Winholtz moved the City Council approve staff
recommendations, with the removal of the last sentence in
recommendation #2. The motion was seconded by Councilmember
DeMeritt and carried with Councilmember Baxley and Councilmember
Peirce voting no. (3-2)
A-6 AUTHORIZATION TO FILE LITIGATION AGAINST BILL MARTONY AND
BERNADETTE PEKAREK IN REGARD TO LEASE SITE 35W-36W
LOCATED AT 235 MAIN STREET, PREVIOUSLY KNOWN AS THE
CANNERY; (CITY ATTORNEY)
® This item was continued to the April 24, 2006 City Council meeting.
u
(Council delayed the remainder of the Consent Calendar until later in the evening.)
Mayor Peters called for a break at 7:20 p.m.; the meeting resumed at 7:30 p.m.
Councilmember Winholtz pulled Item A-12.
MOTION: Mayor Peters moved the City Council approve Items A-7, A-8, A-9, A-10
and A - II of the Consent Calendar. The motion was seconded by
Councilmember Peirce and carried unanimously. (5-0)
A-12 AWARD OF CONTRACT FOR PREPARATION OF A PARKING
MANAGEMENT PLAN; (PUBLIC SERVICES)
Councilmember Winholtz stated she has concern with the extent of the scope and the related
cost of this project.
Public Services Director stated the reason the cost is so high is due to the extensive public
outreach effort for this project.
7
® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — APRIL 10, 2006
MOTION: Councilmember Baxley moved the City Council authorize the City
Manager to execute a contract with TPG Consulting Incorporated for the
preparation of a Parking Management Plan; and reduce the public
meetings to one community workshop, one public meeting with the
Planning Commission and one with the City Council. The motion was
seconded by Councilmember Peirce and carried unanimously. (5-0)
B. PUBLIC HEARINGS. REPORTS & APPEARANCES
B-1 RECONSIDERATION OF LONG-TERM OFF -LEASH DOG PARK SITE
WITHIN DEL MAR PARK; (RECREATION & PARKS)
Assistant City Manager Andrea Lueker stated prior to the February 2006 City Council
meeting, staff was asked to bring an update to the City Council regarding the status of
establishing an off -leash dog park in Morro Bay. Staff presented the history of the
project and following the staff presentation, public comments and Council discussion, the
City Council moved to officially designate the northwest comer of Del Mar Park for an
off -leash dog park and in the interim, use the tennis court site; and directed staff to look
® into insurance methods and forming a non-profit group (this motion carried
unanimously.) Ms. Lueker recommended the City Council consider providing staff
additional direction regarding the February 27, 2006 action designating the northwest
comer of Del Mar Park as a site for a future permanent off -leash dog park. She also
recommended that the City Council consider the opinion of the Recreation and Parks
Commission taken after four years of research. The Commission feels that any site
selected within the City of Morro Bay for functions like a dog park will meet with some
objection from the public. The Commission also notes that the Coleman Park Master
Plan process might provide a site for an off -leash dog park, should the Harbor Walk
project be constructed.
El
Mayor Peters opened the hearing for public comment.
Leabah Winter, Chair for the Recreation & Parks Commission, reported on the
Commission's discussion and review of this issue in the past four years. She said the
Commission supports the idea of an unleashed dog park; however, at this time the
Commission finds there is no site available including Del Mar Park for this use. Ms.
Winter added the Commission has concerns with funding for this use, and feels that if
funds become available to the Recreation & Parks Department, these funds should go
towards positions and programs that were removed from this department's budget last
year.
9
® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — APRIL 10, 2006
The following people expressed support for a long-term off -leash dog park site within
Del Mar Park: Ilene Dom, Carol King, Lisa Harper Henderson, Joe Fagundise, Anita
Ayou, Rick - Gilligan, Steve Ekes, and Joe Hoeflick.
The following people expressed opposition to a long-term off -leash dog park site within
Del Mar Park: Alyson Graves, Julia Moreland, Patrick Ayotte, Robbie Lohrberg, Brook
Lohrberg, Kristin Lohrberg, Betty Ayotte, Tye Hunt, Lindsay Ayotte, Kaittin Wright,
Rachel Ayotte, and Scott Graves.
John Lomison offered to purchase a permit for a dog park.
Mayor Peters closed the public comment hearing.
Councihnember Winholtz stated the concerns from the Island Street residents are the
issue of the dog park in general, and the code enforcement issue of unleashed dogs
running around the park all the time. She addressed the parking restrictions on Island
Street, and stated parking should be encouraged at the south parking lot. Councilmember
Winholtz stated she spoke with a Motel 6 representative about the use of their adjacent
® property outside of Lila Keiser Park as an alternate site for a dog park, and they said they
would consider it and advise her. She also contacted San Luis Coastal Unified School
District for use of property at the Morro Elementary site, and they said various athletic
groups are using this property.
E
Councilmember Baxley stated since there is a benefactor who has offered to purchase a
permit for a dog park it should be pursued at the present time. He said there should be
severe restrictions with a dog park at Del Mar Park that the non-profit group and the City
can agree on. If this happens, he could approve of it for a limited period of time to see if
it will work.
Councilmember Peirce stated he could support a non -fenced dog park at Del Mar Park for
a limited time as a temporary test.
Councilmember DeMeritt stated this group has met successfully for six years, and a
temporary fenced dog park should be allowed where the tennis courts are planned at Del
Mar Park.
Mayor Peters stated she has concerns with this location being that it is so close to the
creek, which might not meet CEQA requirements. She said she could support a
temporary use where the tennis courts are planned within two years while other locations
are being considered. Mayor Peters stated a fenced -in area will decrease liability.
0
® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — APRIL 10, 2006
MOTION: Mayor Peters moved the City Council approve a temporary fenced dog
park at Del Mar Park in the area where the tennis courts are proposed; and,
during that time, check other sites for a permanent location. The motion
was seconded by Councilmember DeMeritt. .
Council discussed CEQA and ADA requirements.
Mayor Peters withdrew her motion; Councilmember DeMeritt withdrew her second.
MOTION: Mayor Peters moved the City Council direct staff to investigate and return
to Council with information on what is required from CEQA and other
regulations to construct a temporary fenced dog park where the tennis
courts are proposed at Del Mar Park in the future. The motion was
seconded by Councilmember Peirce and carried unanimously. (5-0)
Mayor Peters called for a break at 9:00 p.m.; the meeting resumed at 9:08 p.m.
B-2 REPORT FROM VISITORS CONFERENCE BUREAU ON FORMATION OF
® A BUSINESS IMPROVEMENT DISTRICT; (ADMINISTRATION)
u
The City Council received a power -point presentation from the San Luis Obispo County
Visitors & Conference Bureau Executive Director Jonni Biaggini on the formation of a
Business Improvement District.
Mayor Peters opened the hearing for public comment.
The following people expressed support for the formation of a Business Improvement
District: John Barta, Ed Biaggini, Shawn Syler and Ken Vesterfelt.
The following people expressed opposition to the inclusion of recreational vehicle parks
in a Business Improvement District: Andy Hamp, Doug Claussen, and Arlene Ohrman.
Mayor Peters closed the public comment -hearing.
MOTION: Mayor Peters moved the City Council direct staff to report back on how to
exclude recreational vehicle parks from the proposed Business
Improvement District; and, how to recover time and costs for collection.
The motion was seconded by Councilmember Winholtz and carried
unanimously. (5-0)
10
® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — APRIL 10, 2006
B-3 APPEAL OF PLANNING COMMISSION DENIAL OF A REQUEST FOR
PARKING EXCEPTION TO ALLOW A TANDEM PARKING SPACE AT 420
AVALON STREET; (PUBLIC SERVICES)
Assistant Planner Rachel Grossman stated on November 16, 2005, the applicant
submitted an Administrative Coastal Development Permit application requesting to
demolish a dilapidated garage and construct a single-family residential structure at 410
Avalon. When staff went to the site to post the notice, it became apparent that the
residents of the duplex were utilizing the pavement in front of the garage proposed to be
demolished for off-street parking. Currently, off-street parking for the duplex consists of
two side -by -side uncovered parking spaces that are located predominantly on an adjacent
legal lot. Staff has verified that both the duplex and associated garage was permitted
under one permit that was issued in 1961. To mitigate the loss of off-street parking that
would occur as a result of the construction of a single-family residence at 410 Avalon, the
applicant is proposed to provide two uncovered parking spaces, in tandem, at 420
Avalon. Ms. Grossman stated the proposed project would preserve market -rate
affordable rental units in the City, would result in more uniform development within the
neighborhood, and would allow for an additional home ownership opportunity within the
City. She recommended the City Council approve the appeal and overturn the Planning
Commission's decision to deny the project.
Mayor Peters opened the hearing for public comment.
Mark Burnes stated his intention is to preserve the two affordable rental units within the
City and provide for an additional home ownership opportunity within the City.
Mayor Peters closed the public comment hearing.
MOTION: Councilmember Baxley moved the City Council deny the appeal for a
parking exception to allow a tandem parking space at 420 Avalon Street
without prejudice. The motion was seconded by Councilmember
Winholtz and carved with Councilmember Peirce voting no. (4-1)
B-4 APPROVAL OF CONCEPT PLAN FOR ESTERO LANDING AT 501
EMBARCADERO; (PUBLIC SERVICES)
Senior Planner Mike Prater stated the proposed project would demolish the existing
Estero Landing office and construct a mixed -use project with the first floor as retail
commercial comprising of five lease spaces ranging from 360 to 720 square feet, with the
ability to combine two or more lease spaces to create a large area if needed. The second
® floor would consist of six lodging units approximately 2,000 square feet. The applicant is
11
® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — APRIL 10, 2006
requesting flexibility in height because significant public benefit would be provided. The
project would provide four parking spaces for the lodging units on -site and three off -site
across the street. The applicant is granted four in -lieu spaces from previous payments for
the retail spaces. The proposed project will be consistent with the General Plan, Local
Coastal Program, and Waterfront Master Plan requirements for projects in the Waterfront
district with planned development and special treatment overlay with project conditions if
Council agrees the public benefits justify height exceptions. The Waterfront District is
intended "for the continued mixture of visitor -serving commercial and recreational and
harbor -dependent land uses in appropriate waterfront areas," and this project advances
that goal. Mr. Prater recommended the City Council approve the Concept Plan for Estero
Landing based on the findings and conditions adopted by the Planning Commission at
their February 21, 2006 meeting.
Mayor Peters opened the hearing for public comment.
Al Hoyt, Architect, stated he was available for Council questions.
Mayor Peters closed the public comment hearing.
Is The City Council stated it was difficult to make a decision on this item without reviewing
more detailed plans.
MOTION: Mayor Peters moved the City Council continue this item to the May 8,
2006 City Council meeting. The motion was seconded by Councilmember
DeMeritt and carved unanimously. (5-0)
B-5 RESOLUTION NO. 14-06 INITIATING PROCEEDINGS TO LEVY THE
ANNUAL ASSESSMENT FOR THE NORTH POINT NATURAL AREA
LANDSCAPING AND LIGHTING MAINTENANCE ASSESSMENT
DISTRICT; (RECREATION & PARKS)
Assistant City Manager Andrea Lueker stated after the 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 Engineer's
Report, and the second hearing approves the Engineers Report and notices the intent to
levy the assessment and the third public hearing actually levies the assessment for the
upcoming fiscal year. Ms. Lueker recommended the City Council adopt Resolution No.
14-06 ordering the preparation of an Engineers Report detailing the expenses projected
for Fiscal Year 2006-07 for the maintenance of the North Point Natural Area; the second
® public hearing is scheduled for the May 22, 2006 City Council meeting.
12
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — APRIL 10, 2006
Mayor Peters opened the hearing for public comment; there being no comment, Mayor
Peters closed the public comment hearing.
MOTION: Councilmember Baxley moved the City Council adopt Resolution No. 14-
06 initiating proceedings to levy the annual assessment for the North Point
Natural Area Landscaping and Lighting Maintenance Assessment District.
The motion was seconded by Councilmember Peirce and carried
unanimously. (5-0)
B-6 RESOLUTION NO. 15-06 INITIATING PROCEEDINGS TO LEVY THE
ANNUAL ASSESSMENT FOR THE CLOISTERS PARK AND OPEN SPACE
LANDSCAPING AND LIGHTING MAINTENANCE ASSESSMENT
DISTRICT; (RECREATION & PARKS)
Assistant City Manager Andrea Lueker stated after the 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 Engineer's
Report, and the second hearing approves the Engineers Report and notices the intent to
levy the assessment and the third public hearing actually levies the assessment for the
upcoming fiscal year. Ms. Lueker recommended the City Council adopt Resolution No.
15-06 ordering the preparation of an Engineer's Report detailing the expenses projected
for the Fiscal Year 2006-07 for the maintenance of the Cloisters Park and Open Space;
the second public hearing is scheduled for the May 22, 2006 City Council meeting.
Mayor Peters opened the hearing for public comment; there being no comments, Mayor
Peters closed the public comment hearing.
MOTION: Councilmember Winholtz moved the City Council adopt Resolution No.
15-06 initiating proceedings to levy the annual assessment for the
Cloisters Park and Open Space Landscaping and Lighting Maintenance
Assessment District. The motion was seconded by Councilmember Peirce
and carried unanimously. (5-0)
C. UNFINISHED BUSINESS
C-1 CONSIDERATION OF COASTAL COMMISSION PERMIT CONDITIONS
AND FUNDING FOR HARBORWALK PROJECT; (PUBLIC SERVICES)
® This item was continued to the April 24, 2006 City Council meeting.
13
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — APRIL 10, 2006
D. NEW BUSINESS —None.
ADJOURNMENT - The meeting adjourned at 10:59 p.m.
Recorded by: t^ . n , /
Bridgett Sauer
City Clerk
40
F
14
® 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 fife. 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 27, 2006
CLOSED SESSION — MARCH 27, 2006
CITY HALL CONFERENCE ROOM - 5:00 P.M.
595 HARBOR ST., MORRO BAY, CA
CS-1 GOVERNMENT CODE SECTION 54956.9(C); 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/Pakarek
Issue: Breach of lease agreement for lease site 35W-36W
CS-2 GOVERNMENT CODE SECTION 54957; PERSONNEL ISSUES.
Discussions regarding Personnel Issues including one (1) public employee
regarding evaluation, specifically the City Manager.
IT IS NOTED THAT THE CONTENTS OF CLOSED SESSION MEETINGS
ARE CONFIDENTIAL AND EXEMPT FROM DISCLOSURE.
E
® PUBLIC SESSION — MARCH 27, 2006
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 MARCH 13, 2006 CITY COUNCIL
MEETING; (ADMINISTRATION)
RECOMMENDATION: Adopt as submitted.
A-2 INVESTMENT REPORT FOR FEBRUARY 2006; (FINANCE)
RECOMMENDATION: Receive for information.
A-3 ACCEPT REPAIR AND MINOR UPGRADES TO FUELING SYSTEM
PROJECT AS COMPLETE; (PUBLIC SERVICES)
RECOMMENDATION: Accept project as completed by B&T Service Station
Contractors.
A4 RESOLUTION NO. 13-06 ACCEPTING OFFER OF ABANDONMENT/
DEDICATION OF EASEMENT AT 26702 80, 90 NUTMEG AVENUE;
(PUBLIC SERVICES)
RECOMMENDATION: Adopt Resolution No. 13-06.
A-5 CONTINUANCE OF EMERGENCY CONDITIONS REGARDING THE
CONDITION OF THE MORRO BAY FIRE STATION; (PUBLIC SERVICES)
® RECOMMENDATION: Review the actions and determine that there is a need to
continue the emergency declaration.
A-6 APPROVE LETTER TO PACIFIC FISHERIES MANAGEMENT COUNCIL
URGING DECISION TO RECONSIDER RESTRICTIONS ON KLAMATH
RIVER SALMON FISHING BASED ON FEDERAL MISMANAGMENT OF
THE KLAMATH RIVER; (HARBOR)
RECOMMENDATION: Approve as submitted.
B. PUBLIC HEARINGS. REPORTS & APPEARANCES
B-I PRESENTATION BY AIR POLLUTION CONTROL DISTRICT ON
CLIMATE CHANGE PROGRAM; (CITY COUNCIL)
RECOMMENDATION: Receive presentation for information, and direct staff
accordingly.
3
B-2 REPORT FROM VISITORS CONFERENCE BUREAU ON FORMATION OF
® A BUSINESS IMPROVEMENT DISTRICT; (ADMINISTRATION)
RECOMMENDATION: This item has been pulled from the agenda.
B-3 STAFF PRESENTATION AND PUBLIC HEARING ON BUDGET
PRIORITIES, SERVICE LEVELS AND COMPENSATION; (CITY COUNCIL)
RECOMMENDATION: Discuss and direct staff accordingly.
C. UNFINISHED BUSINESS
C-1 ACCEPT LETTERS OF RESIGNATION FROM TWO PUBLIC WORKS
ADVISORY BOARD MEMBERS, AND ADOPT MEETING SCHEDULE
CHANGE TO CALENDAR COUNCIL MEETINGS FOR ADVISORY BOARD
INTERVIEWS AND BUSINESS COMMUNITY "TOWN HALL" MEETING;
(ADMINISTRATION)
RECOMMENDATION: Accept letters of resignation from two Public Works
Advisory Board Members, and calendar meetings for interviews to fill
vacancies on the Public Works Advisory Board and Business Community
Town Hall Meeting.
® D. NEW BUSINESS
u
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.
M
® MINUTES - MORRO BAY CITY COUNCIL
CLOSED SESSION — MARCH 27, 2006
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 54956.9(C); 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; PERSONNEL ISSUES.
Discussions regarding Personnel Issues including one (1) public employee
regarding evaluation, specifically the City Manager.
The meeting adjourned to Closed Session at 5:00 p.m. and returned to regular session at
6:02 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 6:02 p.m.
11
® MINUTES = MORRO BAY CITY COUNCIL
REGULAR MEETING — MARCH 27, 2006
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
John DeRohan
Jim Koser
Mike Pond
City Manager
Assistant City Manager
City Attorney
City Clerk
Harbor Director
Public Services Director
Capital Projects Manager
Police Chief
Finance Director
Fire Chief
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
Betty Forsythe announced the Mono Bay Library would be celebrating its 20t6 year
anniversary with a Grand Re -opening on Saturday, April I".
Keith Taylor, Friend of the Fire Department, announced there is now a "Vial of Life"
sticker that lists a person's medications in case of an emergency. He also stated members
of the City attended the Open House of the new fire station at the San Luis Obispo
airport.
Judy Vick announced her candidacy for District 2 Supervisor, and invited the public to a
Benefit on April 2°d in Cambria.
Marie Jackra addressed the benefits of SB 840 (Health Care for All Californians).
F1
® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — MARCH 27, 2006
Jeremiah O'Brien representing the Morro Bay Commercial Fisherman Association
requested the City Council's support on Item A-6 (Approve Letter to Pacific Fisheries
Management Council Urging Decision to Reconsider Restrictions on Klamath River
Salmon Fishing Based on Federal Mismanagement of the Klamath River).
David Nelson addressed the money due to the City by Duke Energy. He also expressed
opposition to the City hiring a parking consultant and stated the City does not need to hire
another consultant. Mr. Nelson stated he noticed 73 vending machines on the
Embarcadero many that are in the view shed and are unsightly.
Roger Ewing expressed support for the medical use of marijuana facility that will be
located in the City.
Marla Britton and Richard Sidowski objected to the measures taken by the Morro Bay
police in assisting the immigration authorities with an attempted arrest.
® Ken Vesterfelt shared a 2005/2006 San Luis Obispo County Grand Jury report on the San
Luis Obispo County Planning Commission and its decision -making process. He also
announced there are 600 cars entered into the Morro Bay Car Show.
Rodger Anderson stated residents have expressed their number one concern with the
City's budget is public safety.
John Birch expressed concern with the scrutiny of the police department, and requested
the City Council consider this issue.
Mayor Peters closed the hearing for public comment.
DECLARATION OF FUTURE AGENDA ITEMS
Mayor Peters requested to agendize the Mayor's Climate Protection Plan;
Councilmember DeMeritt and 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.
MINUTES - MORRO BAY CITY COUNCIL --
REGULAR MEETING — MARCH 27, 2006
A-1 APPROVAL OF MINUTES FOR THE MARCH 13, 2006 CITY COUNCIL
MEETING; (ADMINISTRATION)
RECOMMENDATION: Adopt as submitted.
A-2 INVESTMENT REPORT FOR FEBRUARY 2006; (FINANCE)
RECOMMENDATION: Receive for information.
A-3 ACCEPT REPAIR AND MINOR UPGRADES TO FUELING SYSTEM
PROJECT AS COMPLETE; (PUBLIC SERVICES)
RECOMMENDATION: Accept project as completed by B&T Service Station
Contractors.
A4 RESOLUTION NO. 13-06 ACCEPTING OFFER OF ABANDONMENT/
DEDICATION OF EASEMENT AT 2670, 80, 90 NUTMEG AVENUE;
® (PUBLIC SERVICES)
RECOMMENDATION: Adopt Resolution No. 13-06.
A-5 CONTINUANCE OF EMERGENCY CONDITIONS REGARDING THE
CONDITION OF THE MORRO BAY FIRE STATION; (PUBLIC SERVICES)
E
RECOMMENDATION: Review the actions and determine that there is a need to
continue the emergency declaration.
A-6 APPROVE LETTER TO PACIFIC FISHERIES MANAGEMENT COUNCIL
URGING DECISION TO RECONSIDER RESTRICTIONS ON KLAMATH
RIVER SALMON FISHING BASED ON FEDERAL MISMANAGMENT OF
THE KLAMATH RIVER; (HARBOR)
RECOMMENDATION: Approve as submitted.
Mayor Peters pulled Item A-3 from the Consent Calendar; Councilmember Winholtz
pulled Item A-4; and Councilmember DeMeritt pulled Item A-5.
MOTION: Councilmember Peirce moved the City Council approve Items A-1, A-2,
and A-6 of the Consent Calendar. The motion was seconded by
Councilmember Baxley and carried unanimously. (5-0)
n
u
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — MARCH 27, 2006
A-3 ACCEPT REPAIR AND MINOR UPGRADES TO FUELING SYSTEM
PROJECT AS COMPLETE; (PUBLIC SERVICES)
Mayor Peters gave thanks to B&T Service Station Contractors for completing this project
in less time and cost than contracted.
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)
A4 RESOLUTION NO. 13-06 ACCEPTING OFFER OF ABANDONMENT/
DEDICATION OF EASEMENT AT 2670, 80, 90 NUTMEG AVENUE;
(PUBLIC SERVICES)
Councilmember Winholtz stated this Dedication of Easement would allow for a better
road for the City.
® 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-5 CONTINUANCE OF EMERGENCY CONDITIONS REGARDING THE
CONDITION OF THE MORRO BAY FIRE STATION; (PUBLIC SERVICES)
Councilmember DeMeritt reviewed the status of the Morro Bay Fire Station for public
information.
MOTION: Councilmember DeMeritt moved the City Council approve Item A-5 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.
C
5
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — MARCH 27, 2006
B. PUBLIC HEARINGS, REPORTS & APPEARANCES
B-1 PRESENTATION BY AIR POLLUTION CONTROL DISTRICT ON
CLIMATE CHANGE PROGRAM; (CITY COUNCIL)
The City Council received a presentation by Larry Allen of the Air Pollution Control
District on the Climate Protection Program discussing the earth's greenhouse effect,
global temperatures, human health and economic impacts. He requested Council
consider developing a local action plan, implement policies and measures, and monitor
progress and adjust the plan as appropriate.
Mayor Peters opened the hearing for public comment.
The following people expressed support for the Climate Protection Program: Judy Vick,
Andrew Christie representing the Sierra Club, and Bill Martony.
Mayor Peters closed the public comment hearing.
® Councilmember DeMeritt stated she supports joining the Air Pollution Control Board in
promoting this action plan. She stated the City, as a whole should become committed by
not chopping down trees, consider bio-diesel for staff trucks, install solar roofing on all
City facilities, and refuse building permits with chimneys and fireplaces.
11
Councilmember Peirce suggested two Council members serve as a sub -committee to
contact the Air Pollution Control Board and review this plan in order to not use staff
time.
Councilmember Winholtz suggested the Public Works Advisory Board review this plan.
Councilmember Baxley agreed that the Public Works Advisory Board should review this
plan.
MOTION: Mayor Peters moved the City Council direct staff to forward the
presentation material on Climate Change from the Air Pollution Control
District to the Public Works Advisory Board with the request that the
Board select three members to form an ad hoc sub -committee to work on
ways to reduce GHG emissions locally in cooperation with the Air
Pollution Control Board. The motion was seconded by Councilmember
DeMeritt and carried unanimously. (5-0)
IA
u
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — MARCH 27, 2006
B-2 REPORT FROM VISITORS CONFERENCE BUREAU ON FORMATION OF
A BUSINESS IMPROVEMENT DISTRICT; (ADMINISTRATION)
This item was pulled from the agenda.
B-3 STAFF PRESENTATION AND PUBLIC HEARING ON BUDGET
PRIORITIES, SERVICE LEVELS AND COMPENSATION; (CITY COUNCIL)
City Manager Robert Hendrix stated the City Council calendared a hearing on the fiscal
year 2006-2007 proposed City budget. Because the budget development process is not
far enough along to provide definitive numbers at this time, staff has provided a
"Summary of Service Impacts" based on the current budget. The Summary has been
updated to reflect actions taken when adopting the current budget and to show changes
made mid -year after the budget was adopted. The City Council felt that an early
discussion of the challenges associated with the budget and financing levels would help
to facilitate a productive public exchange on community values as they relate to service
levels in the City. Mr. Hendrix recommended the City Council review the information
provided; accept public comment; and, provide direction to staff regarding budget and
service level priorities to be considered in the upcoming City budget.
Mayor Peters opened the hearing for public comment.
Bill Martony stated some of the costs and capital expenditures reported are excessive. He
said there are other ways to allow for some of the capital projects being considered.
Ken Vesterfelt stated it is difficult to discuss this issue since the public has little
knowledge on the City's budget at this point. He said public safety should be a priority
when discussing the budget.
Bill Murphy stated the City's infrastructure is in need of upgrades. He said the City
should look at revenue -generating options to increase funds.
Graham Paske stated the Reserve Firefighters have a large turnover because they have no
representations and low pay scale.
Mayor Peters closed the public comment hearing.
Councihnember Baxley stated his priorities are no lay-offs, maintain public safety, and
fund infrastructure repair.
7
® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — MARCH 27, 2006
Councilmember DeMeritt stated the process should start by identifying the desired
outcome by engaging the public; define the goal; determine how to reach the goal; and,
create strategies on reaching the goal. She said her priorities are for the seniors, the
children, and people on fixed incomes.
Councilmember Peirce stated his priorities are no lay-offs, maintain public safety, and
water and sewer, which are basic functions of the City.
Mayor Peters stated her priorities are for street maintenance and sidewalk repairs. She
asked the Police Chief to consider creating a potential part-time position to cover
dispatch relief, administer evidence collection and code enforcement. Mayor Peters
stated she is not asking for an additional police officer position.
Councilmember Winholtz stated her priorities are street repairs, maintaining public
safety, and recreation & parks programs. She encouraged more paperless activities, and
consider efficiency measures in order to lower costs.
No action was taken on this item.
C. UNFINISHED BUSINESS
C-1 ACCEPT LETTERS OF RESIGNATION FROM TWO PUBLIC WORKS
ADVISORY BOARD MEMBERS, AND ADOPT MEETING SCHEDULE
CHANGE TO CALENDAR COUNCIL MEETINGS FOR ADVISORY BOARD
INTERVIEWS AND BUSINESS COMMUNITY "TOWN HALL" MEETING;
(ADMINISTRATION)
City Manager Robert Hendrix requested the City Council accept letters of resignation
from two Public Works Advisory'Board Members, and calendar meetings for interviews
to fill vacancies on the Public Works Advisory Board and Business' Community Town
Hall Meeting.
The City Council received and accepted the letters of resignation from Robert Croyle and
John Yaroslaski. They directed staff to advertise these vacancies, and scheduled
interviews for April 19, 2006, and scheduled the Business Community Town Hall
meeting for May 9, 2006.
No further action was taken on this item.
C
E
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — MARCH 27, 2006
D. NEW BUSINESS — None.
ADJOURNMENT
The meeting adjourned at 9:02 p.m.
Recorded by:
tab
Bridgett Bauer
City Clerk
1
C]
® NOTICE OF SPECIAL
CLOSED SESSION MEETING
NOTICE IS HEREBY GIVEN that the Morro Bay City Council will
be holding a Special Closed Session Meeting on Monday, March 20, 2006
at 5:30 a.m. to be held in the City Hall Conference Room 595 Harbor Street,
Morro Bay, California. The City Council will be discussing the following:
GOVERNMENT CODE SECTION 54956.9(a): CONFERENCE WITH LEGAL
COUNSEL REGARDING PENDING LITIGATION.
•. Water Board Settlement Agreement
IN COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT, IF
is
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: March 16, 2006
Bridgett uer, City Clerk
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 fife. 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 13, 2006
CLOSED SESSION — MARCH 13, 2006
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.
• City Of Morro Bay vs. Shell Global Solutions; Equilion
CS-3 GOVERNMENT CODE SECTION 54957: PERSONNEL ISSUES.
Discussions regarding Personnel Issues including one (1) public employee
regarding evaluation, specifically City Manager.
IT IS NOTED THAT THE CONTENTS OF CLOSED SESSION MEETINGS
ARE CONFIDENTIAL AND EXEMPT FROM DISCLOSURE.
PUBLIC SESSION — MARCH 13, 2006
® 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 MEETINGS OF FEBRUARY 23, 2006
AND FEBRUARY 27, 2006; (ADMINISTRATION
® RECOMMENDATION: Approve as submitted.
2
® A-2 PROCLAMATION DECLARING MARCH 2O06 AS "AMERICAN RED
CROSS MONTH'; (ADMINISTRATION)
RECOMMENDATION: Approve Proclamation.
A-3 CONTINUANCE OF EMERGENCY CONDITIONS REGARDING THE
CONDITION OF THE MORRO BAY FIRE STATION; (PUBLIC SERVICES)
RECOMMENDATION: Review and determine by 4/5 vote that there is the need
to continue the emergency declaration.
A-4 SECOND READING AND ADOPTION OF ORDINANCE NO. 515
AMENDING MUNICIPAL WATER CODE - ANNUAL WATER REPORT;
(CITY ATTORNEY)
RECOMMENDATION: Adopt Ordinance No. 515.
A-5 APPROVAL OF LETTER OF SUPPORT FOR HEALTH CARE INITIATIVE -
SB-840; (CITY COUNCIL)
RECOMMENDATION: This item has been pulled from the agenda.
A-6 APPROVAL OF SUBDIVISION PLANNING SERVICES AGREEMENT;
® (PUBLIC SERVICES)
u
RECOMMENDATION: This item has been pulled from the agenda.
B. PUBLIC HEARINGS. REPORTS & APPEARANCES
B-1 RESOLUTION NO. 12-06 - INTENTION TO APPROVE AMENDMENT TO
THE PERS CONTRACT - 3% @ 50 FOR FIRE SAFETY MEMBERS; AND,
ORDINANCE NO. 516 AUTHORIZING THE AMENDMENT — FIRST
READING AND INTRODUCTION; (ADMINISTRATION)
RECOMMENDATION: Adopt Resolution No. 12-06; and, approve first reading
and introduction of Ordinance No. 516.
B-2 PRESENTATION AND APPROVAL OF TEEN CENTER SITE MASTER
PLAN; (RECREATION & PARKS)
RECOMMENDATION: Receive presentation and approve Teen Center Site
Master Plan.
3
C. UNFINISHED BUSINESS
® C-1 REPORT AND DISCUSSION OF DEVELOPMENT IMPACT FEE
PROGRAM; (PUBLIC SERVICES)
RECOMMENDATION: Discuss the requirements and implications of
implementing or amending development impact fees, and direct staff
accordingly.
C-2 RESOLUTION NO. 11-06 ADOPTING INTERPRETATION FOR COMMON
OPEN SPACE AND REQUIREMENTS FOR COMMUNITY HOUSING
PROJECTS; (PUBLIC SERVICES)
RECOMMENDATION: Adopt Resolution No. 11-06.
C-3 DISCUSSION OF VIEW PROTECTION ISSUES FROM A LEGAL,
FINANCIAL AND PHILOSOPHICAL PERSPECTIVE; (PUBLIC SERVICES)
RECOMMENDATION: Discuss and direct staff accordingly.
C4 PUBLIC WORKS . ADVISORY BOARD EVALUATION OF CITY'S
IMPLEMENTATION OF GREEN CITIES DECLARATION - URBAN
ENVIRONMENTAL ACCORDS; (PUBLIC SERVICES)
® RECOMMENDATION: Receive this report for information.
D. NEW BUSINESS —NONE.
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 13, 2006
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 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.
• City Of Morro Bay vs. Shell Global Solutions; Equilion
CS-3 GOVERNMENT CODE SECTION 54957; PERSONNEL ISSUES.
Discussions regarding Personnel Issues including one (1) public employee
regarding evaluation, specifically City Manager.
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 Winholtz and unanimously carried. (5-0)
0 The meeting adjourned at 6:00 p.m.
® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING —MARCH 13, 2006
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
William Boucher
John DeRohan
Mike Pond
Mike Prater
Jim Koser
E
Councilmember
Councilmember
Councilmember
Councilmember
City Manager
Assistant City Manager
City Attorney
City Clerk
Harbor Director
Public Services Director
Capital Projects Manager
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.
PUBLIC COMMENT
Hank Roth announced the next Neighborhood Watch informational meeting will be held
on March 22nd at the Community Center. The guest speakers will be Manny Silva from
the Morro Bay Police Department who will speak on personal safety, and Jackie Garza
from the Sexual Assault Recovery and Prevention Center who will speak on victim's
rights. He also announced there would be an Open House on April I" at the library and
sponsored by the Morro Bay Friends of the Library.
Todd Gailey, Morro Bay Firefighters Association, and Tim Tregoning, US Coast Guard,
addressed the rescue of 10-year-old Alanna Williams who was swept out to sea. They
announced there would be a drive-thru barbeque on April I't at the El Morro Church of
the Nazarene to help raise funds for medical expenses incurred.
C
MINUTES - MORRO BAY CITY COUNCIL
® REGULAR MEETING —MARCH 13, 2006
Keith Taylor, Friends of the MB Fire Department, addressed the response calls made by
the Fire Department. He expressed concern with the revenues needed to begin Phase I of
the Fire Department rehabilitation.
The following people expressed opposition to an Off -Leash Dog. Park at Del Mar Park:
Allyson Graves, MaryAnn Britton (read a letter from Del Mar Principal Donn
Shallenberger), Scott Graves (read a letter from Ken Hotaling), Alex Britton and Edward
Griley, Kelly Griley, Betty Ayotte (read a letter from Tammie Reddell), Lindsay Att,
Mark Riley, Mike Anderson, Julia Moreland, Patrick Ayotte, and Rachel Ayotte.
Karen Purlett, Farmers Insurance Agent, addressed roundabout safety issues.
Roger Ewing urged Council to consider removing tandem parking as an option in
planning development. He also addressed Item C-1 (Report and Discussion of
Development Impact Fee Program) stating the City does not need a consultant to figure
out what the City's impact fees should be. Mr. Ewing applauded Neil Farrell of the Bay
News for his article against injustice.
® Bill Martony addressed alternate locations for a dog park including the field next to the
Community Center or at a ranch near Morro Bay,
Ken Vesterfelt thanked those who have assisted in removing condemned cars in the City.
He also announced the Morro Bay Car Show is almost full.
Marshall King showed a video on the view obstruction from a 3-story house that is being
built in front of his house.
Nancy Castle announced this is Sunshine Awareness Week on government meetings, and
it is the 10-year anniversary of AGP Video filming the City's government meetings.
Mayor Peters closed the hearing for public comment.
Mayor Peters called for a break at 7:30 p.m.; the meeting resumed at 7:43 p.m.
DECLARATION OF FUTURE AGENDA ITEMS
Mayor Peters requested to bring back the reconsideration of an Off -Leash Dog Park at
Del Mar Park; Councilmember Baxley and Councilmember Peirce concurred (no staff
report).
L
® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING —MARCH 13, 2006
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 MEETINGS OF FEBRUARY 23, 2006
AND FEBRUARY 27, 2006; (ADMINISTRATION)
RECOMMENDATION: Approve as submitted.
A-2 PROCLAMATION DECLARING MARCH 2O06 AS "AMERICAN RED
CROSS MONTH'; (ADMINISTRATION)
RECOMMENDATION: Approve Proclamation.
A-3 CONTINUANCE OF EMERGENCY CONDITIONS REGARDING THE
CONDITION OF THE MORRO BAY FIRE STATION; (PUBLIC SERVICES)
is to
Review and determine by 4/5 vote that there is the need
to continue the emergency declaration.
A4 SECOND READING AND ADOPTION OF ORDINANCE NO. 515
AMENDING MUNICIPAL WATER CODE - ANNUAL WATER REPORT;
(CITY ATTORNEY)
RECOMMENDATION: Adopt Ordinance No. 515.
A-5 APPROVAL OF LETTER OF SUPPORT FOR HEALTH CARE INITIATIVE -
SB-840; (CITY COUNCIL)
RECOMMENDATION: This item has been pulled from the agenda.
A-6 APPROVAL OF SUBDIVISION PLANNING SERVICES AGREEMENT;
(PUBLIC SERVICES)
RECOMMENDATION: This item has been pulled from the agenda.
Councilmember Winholtz pulled Items A-1 and A-4 from the Consent Calendar; Mayor
Peters pulled Item A-2; and Councilmember DeMeritt pulled Item A-3.
4
® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING —MARCH 13, 2006
A-1 APPROVAL OF MINUTES FOR THE MEETINGS OF FEBRUARY 23, 2006
AND FEBRUARY 27, 2006; (ADMINISTRATION)
Councilmember Winholtz requested an amendment to the public comment section of the
February 23, 2006 Council meeting for those who were expressing support for an off -
leash dog park; and, an amendment to the February 27, 2006 minutes deleting names of
those who did not show for interviews.
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 PROCLAMATION DECLARING MARCH 2O06 AS "AMERICAN RED
CROSS MONTH'; (ADMINISTRATION)
Mayor Peters addressed this item for public information.
MOTION: Mayor Peters 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 CONTINUANCE .OF EMERGENCY CONDITIONS REGARDING THE
CONDITION OF THE MORRO BAY FIRE STATION; (PUBLIC SERVICES)
CJ
Councilmember DeMeritt stated she would like this item to be scheduled as Unfinished
Business in the future for discussion and public information.
MOTION: Councilmember DeMerittmoved the City Council reagendize this item as
Unfinished Business. The motion was seconded by Councilmember
Winholtz and failed with Councilmember Baxley, Councilmember Peirce
and Mayor Peters voting no. (2-3)
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)
5
MINUTES - MORRO BAY CITY COUNCIL
®. REGULAR MEETING — MARCH 13, 2006
A-4 SECOND READING AND ADOPTION OF ORDINANCE NO. 515
AMENDING MUNICIPAL WATER CODE - ANNUAL WATER REPORT;
(CITY ATTORNEY)
Councilmember Winholtz referred to the staff report, page 2, relating to the removal of
Section 13.20.050(B) that states: "The City Council shall also review the operating
procedures for administration of the water equivalency program developed by the
Planning Director." She expressed concern that the removal of this section would take
away Council's control of the report.
City Attorney Robert Schultz stated it could be amended that the City Council shall
consider the operating procedures for the administration of the water equivalency
program and the annual report at a regularly scheduled City Council meeting and make
any changes to the report.
MOTION: Councilmember Winholtz moved the City Council approve Item A-4 of
the Consent Calendar as amended by the City Attorney. The motion was
seconded by Councilmember Peirce and carried unanimously. (5-0)
® B. PUBLIC HEARINGS, REPORTS & APPEARANCES
B-1 RESOLUTION NO. 12-06 - INTENTION TO APPROVE AMENDMENT TO
THE PERS CONTRACT - 3% @ 50 FOR FIRE SAFETY MEMBERS; AND,
ORDINANCE NO. 516 AUTHORIZING THE AMENDMENT — FIRST
READING AND INTRODUCTION; (ADMINISTRATION)
Assistant City Manager Andrea Lueker stated Resolution No. 12-06 and Ordinance No.
516 is to enact the benefit provided in Section 13.8.8 of the Memorandum of
Understanding (MOU) between the City of Morro Bay and the Morro Bay Fire Fighters
Association. The MOU was adopted by the City Council on January 27; 2003 by
Resolution No. 05-03. This benefit provides sworn fire members 3% of pay at age 50 for
each year of service credited with the City; they are currently under a 3% @ 55 benefit.
This benefit will go into effect July 1, 2006 and fire personnel retiring after that date are
eligible for the benefit. The Resolution of Intention and Ordinance are required in order
to amend the Public Employee Retirement System (PERS) contract. Ms. Lueker
recommended the City Council adopt Resolution No. 12-06 approving the PERS benefit
in accordance with Government Code Section 21362.2 (3% @ 50 full formula for local
fire members); and, approve the introduction and first reading of Ordinance No. 516 to
amend the contract with PERS.
ri
® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING —MARCH 13, 2006
Mayor Peters opened the hearing for public comment; there being no comment, Mayor
Peters closed the public comment hearing.
MOTION: Councilmember Peirce moved the City Council adopt Resolution No. 12-
06 approving the PERS benefit in accordance with Government Code
Section 21362.2 (3% @ 50 full formula for local fire members); and,
approve the introduction and first reading of Ordinance No. 516 to amend
the contract with PERS. The motion was seconded by Councilmember
Baxley and carried unanimously. (5-0)
B-2 PRESENTATION AND APPROVAL OF TEEN CENTER SITE MASTER
PLAN; (RECREATION & PARKS)
Assistant City Manager Andrea Lueker stated in the 2002/2003 Fiscal Year budget
process, the City Council allocated funding to complete a master plan for a Teen
Center/Permanent Skate Park. The City worked withRRM Design Group and
Wormhoudt Inc. (skate park designer) in this process. Three public workshops were held
in 2004/2005, the first of which was designed to determine the best use of the property
® behind the Teen Center. The Recreation & Parks Commission unanimously approved the
final site plan in late 2005. The Teen Center Site Master Plan approval is the fast step in
completing the Teen Center site. An approved master plan will enable the pursuit of
grants and fundraising. When funding becomes available for construction, whether in
totality or in phases, that specific project will go through the appropriate set of hearings
in front of the applicable boards and commissions for approval. Ms. Lueker
recommended the City Council receive a presentation from RRM Design Group
regarding the Teen Center Site Master Plan; and, approve the site master plan.
Mayor Peters opened the hearing for public comment.
Ken Vesterfelt stated he was glad that there was input from the youth on this project.
Mayor Peters closed the public comment hearing.
Councilmember Baxley stated this is a good plan and he supports it.
Councilmember Winholtz stated she supports a phased development of this plan.
Councilmember DeMeritt stated the size of the classroom should be increased in order to
provide some privacy.
® Councilmember Peirce asked what the dimensions are of the classroom.
7
® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING —MARCH 13, 2006
Mayor Peters stated she particularly likes the amphitheater, and said the classroom could
be larger.
MOTION: Councilmember Baxley moved the City Council approve the Teen Center
Site Master Plan as presented by staff. The motion was seconded by
Councilmember Peirce and carried unanimously. (5-0)
C. UNFINISHED BUSINESS
C-1 REPORT AND DISCUSSION OF DEVELOPMENT IMPACT FEE
PROGRAM; (PUBLIC SERVICES)
City Manager Robert Hendrix stated development impact fees are charged to
developments to help offset the impact that development has on the need for future
infrastructure development. The law requires the municipality to show a nexus or
relationship between the development, the impact caused and the infrastructure change as
a minimum justification for the impact fee. The costs to implement a legally defensible
® program are significant. A recent experience in Paso Robles shows that a consultant is
needed and the cost to develop the required support information for the program is
approximately $50,000. Costs for Morro Bay may be even higher since we have not
already established a formal program and the required underlying information base. To
get a sense of the economic feasibility of an impact fee program, the Council would need
to balance the one-time "front end" costs to establish the program against the expected
amount of new development in the future. Mr. Hendrix stated if the City Council wishes
to pursue such a program; sufficient funds should be made available to. pay the initial
costs, and direct staff to take steps to secure the services of a specialist in this area.
MOTION: Councilmember Baxley moved the City Council direct staff to draft a
Request for Proposal and possible cost for the implementation of a
Development Impact Fee Program for the City Council's review and
approval. The motion was seconded by Councilmember Winholtz and
carried unanimously. (5-0)
C-2 RESOLUTION NO. 11-06 ADOPTING INTERPRETATION FOR COMMON
OPEN SPACE AND REQUIREMENTS FOR COMMUNITY HOUSING
PROJECTS; (PUBLIC SERVICES)
Senior Planner Mike Prater stated on February 14, 2006, the City Council adopted
Interim Urgency Ordinance No. 514 prohibiting the issuance of land use development
® entitlements or land use permits for community housing projects pending completion of
91
® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — MARCH 13, 2006
studies and the preparation of an update to the City's Subdivision Ordinance, and Zoning
Ordinance for projects that are not vested. He said staff feels the guidelines and
interpretations are in keeping with the City's authority to read, interpret, and apply the
City's zoning codes, regulations, plan policies, specifications, and other technical
materials without adding new and different requirements that do not presently exist in the
zoning code, which would require an ordinance amendment. The law requires 10 days
prior to the expiration of the Interim Urgency Ordinance the City must issue a report
describing the measures taken to alleviate the conditions that led to the adoption of the
Ordinance. Mr. Prater recommended the City Council adopt Resolution No. 11-06, and
provide direction on extending or ending the moratorium on community housing projects.
MOTION: Councilmember Baxley moved the City Council adopt Resolution No. 1 I-
06 adopting interpretation for Common Open Space and requirements for
Community Housing Projects, and end the moratorium on community
housing projects in the City; and, amend Condition #4 in the resolution as
follows: "The City Council's expectation for usable common open space
would not include front yard setbacks, small landscape strips, or areas
between buildings have less than 43 20 feet". The motion was seconded
® by Mayor Peters and carved unanimously. (5-0)
C-3 DISCUSSION OF VIEW PROTECTION ISSUES FROM A LEGAL,
FINANCIAL AND PHILOSOPHICAL PERSPECTIVE; (PUBLIC SERVICES)
City Attorney Robert Schultz stated in response to a request from Mayor Peters, his
office has undertaken research of issues related to the regulatory protection of scenic
views and views from private property. He said view protection potentially involves a
range of more or less overlapping sub -issues such as privacy protection; conserving air,
light and open space; protection of trees and vegetation; and architectural design review.
Mr. Schultz stated if the City Council decides it wants a view protection ordinance, it is
recommended the City hire a consultant so that public input can be systematically
solicited both from individuals and community groups.
MOTION: Mayor Peters moved the City Council form a Citizen Ad -Hoc Committee
consisting of 12 people to investigate private view protection in the City of
Morro Bay. The motion was seconded by Councilmember DeMeritt and
carried with Councilmember Baxley voting no. (4-1)
Mayor Peters called for a break at 9:45 p.m.; the meeting resumed at 9:53 p.m.
2
0
® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — MARCH 13, 2006
C4 PUBLIC WORKS ADVISORY BOARD EVALUATION OF CITY'S
IMPLEMENTATION OF GREEN CITIES DECLARATION - URBAN
ENVIRONMENTAL ACCORDS; (PUBLIC SERVICES)
Capital Projects Manager William Boucher stated the City Council heard this item in June
2005, and directed the Public Works Advisory Board to evaluate the City's implementation
of the Green Cities Declaration. At the January 2006 Public Works Advisory Board
meeting, staff provided a presentation on the matter. There were two parts considered: the
Green Cities Declaration and the San Francisco Urban Environmental Accords. Concerns
were expressed by board members that the "one size fits all" nature of the individual actions
of the Urban Environmental Accords makes it difficult to recommend adoption of the
actions but rather endorsing the Green Cities Declaration portion of the document would
result in formally placing the issues of sustainability co -equal at the top of consideration of
legislative actions, not in a secondary position. As result of discussion the Public Works
Advisory Board adopted three motions: 1) to endorse the staff report as a fair evaluation of
the City's current status on implementation of the 21 action items of the Green Cities
Declaration; 2) the board recommends to the City Council that the Council adopt a
resolution to endorse the spirit contained in the Green Cities Declaration; and, 3) the 21
actions are not all directly applicable to a City the size of Moro Bay, and it is not feasible to
have a plan around each action. However, many items are applicable to our City, and,
therefore, it is recommended the City Council, with City boards and commissions, develop
three items for identification over the next six months.
MOTION: Councilmember DeMeritt moved the City Council direct staff to present to
the City Commissions and Advisory Boards with the information on the
Green Cities Declaration staff report, and asking them to choose 3 items to
focus on and return their findings to Council by the end of May 2006. The
motion was seconded by Councilmember Winholtz and carried
unanimously. (5-0)
D. NEW BUSINESS - None.
ADJOURNMENT
The meeting adjourned at 10:18 p.m.
Record by:
1�0..teR1i/
Bridgett hiuer
City Clerk
[if]
® 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 27, 2006
CLOSED SESSION — FEBRUARY 27, 2006
CITY HALL CONFERENCE ROOM - 5:00 P.M.
595 HARBOR ST., MORRO BAY, CA
CS-1 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 as to 2 parcels.
Property: Comer of San Jacinto and Highway 1.
Negotiating Parties: City and Edge Development.
Negotiations: Voluntary Purchase and Sale.
Property: Lease Site 30W/33 W/ Morro Bay Fuel Dock.
Negotiating Parties: City and Coakley.
Negotiations: Lease Terms and Conditions.
IT IS NOTED THAT THE CONTENTS OF CLOSED SESSION MEETINGS
ARE CONFIDENTIAL AND EXEMPT FROM DISCLOSURE.
E
® PUBLIC SESSION — FEBRUARY 27, 2006
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 carryout 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 MEETING OF FEBRUARY 14, 2006;
® (ADMINISTRATION)
RECOMMENDATION: Approve as submitted.
A-2 INVESTMENT REPORTS FOR DECEMBER 2005 AND JANUARY 2006;
(FINANCE)
RECOMMENDATION: Receive for information.
A-3 RESOLUTION NO. 08-06 AMENDING THE OPERATING AND CAPITAL
IMPROVEMENT BUDGETS; (FINANCE)
RECOMMENDATION: Adopt Resolution No. 08-06.
A-4 AUTHORIZATION TO FILL STREET WORKER VACANCY; (PUBLIC
SERVICES)
RECOMMENDATION: This item has been pulled from the agenda.
l
A-5 APPROVAL OF LETTER REGARDING SLUDGE DISPOSAL; (CITY
COUNCIL)
® RECOMMENDATION: Approve letter to the Board of Supervisors.
A-6 REPORT ON CREATING A CITY PUBLIC ART POLICY; (RECREATION &
PARKS)
11
RECOMMENDATION: Approve City Public Art Policy.
A-7 RESOLUTION NO.'10-06 AMENDING ADVISORY GROUP BY-LAWS AND
CITY COUNCIL. POLICIES & PROCEDURES REGARDING MEETING
ATTENDANCE; (ADMINISTRATION)
RECOMMENDATION: Adopt Resolution No. 10-06.
A-8 CONTINUANCE OF EMERGENCY CONDITIONS REGARDING THE
CONDITION OF THE MORRO BAY FIRE STATION; (CITY ATTORNEY)
RECOMMENDATION: Determine by 4/5 vote that there is the need to continue
the emergency declaration.
3
® A-9 RESOLUTION NO. 09-06 APPROVING SUBLEASE AGREEMENT FOR A
PORTION OF LEASE SITE 53-56/53W-56W LOCATED AT 501
EMBARCADERO; (HARBOR)
RECOMMENDATION: Adopt Resolution No. 09-06.
B. PUBLIC HEARINGS, REPORTS & APPEARANCES
B-1 APPEAL OF THE PLANNING COMMISSION DENIAL OF TRACT 2582 ON
SEQUOIA COURT; (PUBLIC SERVICES)
RECOMMENDATION: Approve the appeal and overturn the Planning
Commission decision to deny the project.
B-2 PRESENTATION ON HARBOR OFFICE ALTERNATIVES WITH USCG;
(HARBOR)
RECOMMENDATION: Discuss and direct staff accordingly.
B-3 ORDINANCE NO. 515 AMENDING SECTION 13.20.030 to 13.20.060 OF
CHAPTER 13.20 OF THE MORRO BAY MUNICIPAL CODE — FIRST
READING/INTRODUCTION; (CITY ATTORNEY)
® RECOMMENDATION: Approve first reading and introduction of Ordinance
No. 515.
C. UNFINISHED BUSINESS
C-1 CONSIDERATION OF PARTICIPATION IN CLEAN CITIES COALITION;
(CITY COUNCIL)
RECOMMENDATION: Discuss and direct staff accordingly.
C-2 DISCUSSION ON SITE CONSIDERATIONS AND INSURANCE FOR AN
OFF -LEASH DOG PARK; (RECREATION & PARKS)
RECOMMENDATION: Discuss and direct staff accordingly.
C-3 DISCUSSION OF CREEK CLEARANCE FINANCING; (PUBLIC SERVICES)
RECOMMENDATION: Discuss and direct staff accordingly.
4
® D. NEW BUSINESS
D-1 REVIEW OF COST/REVENUE ALTERNATIVES FOR DIAL -A -RIDE;
(ADMINISTRATION)
RECOMMENDATION: Discuss and direct staff accordingly.
D-2 CONSIDER WHETHER TO SCHEDULE SPECIAL MEETING FOR
WORKSHOP TO DISCUSS COUNCIL RELATIONSHIP WITH
COMMUNITY BUSINESSES; (CITY COUNCIL)
RECOMMENDATION: Discuss and direct staff accordingly.
D-3 CONSIDER WHETHER TO SCHEDULE SPECIAL MEETING TO DISCUSS
CITY PROGRAMS AND ESTABLISH BUDGET PRIORITIES; (CITY
COUNCIL)
RECOMMENDATION: Discuss and direct staff accordingly.
D-4 DISCUSSION OF VIEW PROTECTION ISSUES FROM A LEGAL,
FINANCIAL AND PHILOSOPHICAL PERSPECTIVE; (CITY COUNCIL)
RECOMMENDATION: Discuss and direct staff accordingly.
® E. ADJOURNMENT
E
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
® MINUTES - MORRO BAY CITY COUNCIL
CLOSED SESSION — FEBRUARY 27, 2006
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 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 as to 2 parcels.
Property: Comer of San Jacinto and Highway 1.
Negotiating Parties: City and Edge Development.
Negotiations: Voluntary Purchase and Sale.
Pro : Lease Site 30W/33W/ Morro Bay Fuel Dock.
Negotiating Parties: City and Coakley.
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 Baxley moved the meeting be adjourned. The motion
was seconded by Councilmember Peirce and unanimously carried. (5-0)
The meeting adjourned at 5:55 p.m.
11
2
C,J
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — FEBRUARY 27, 2006
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
Janeen Burlingame
Frank Cunningham
John DeRohan
Jim Koser
Mike Pond
Mike Prater
City Manager
Assistant City Manager
City Attorney
City Clerk
Harbor Director
Public Services Director
Management Analyst
City Engineer
Police Chief
Finance Director
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 no reportable action under the Brown Act was taken.
PUBLIC COMMENT
Greg Smith, Superintendent of State Parks and Recreation, announced the Snowy Plover
fence would be erected on Morro Strand State Beach on March ln. He stated a
ceremonial signing of the agreement between State Parks and the Salinan Tribe for access
to Morro Rock would be held on March 9th. Mr. Smith stated the ADA trail south of the
marina is in the final planning stages. He also thanked those who assisted in a rescue
effort on Azure Street at Morro Strand State Beach.
Lee Gelph addressed SB-840, Health Care for All, and requested a letter of endorsement
from the City.
® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — FEBRUARY 27, 2006
Dorothy Cutter requested the City Council agenda be placed on the City's web site in a
timely fashion, and also requested the staff reports be posted on the web.
Ken Winters addressed Item C-3 (Discussion of Creek Clearance Financing) and
requested the City Council delay their action on this item in order to address the issues
relating to creek clearing. He said neighboring Mobilehome parks should be informed of
the liability issues and procedure for determining costs because the .owners of the
Mobilehome parks will pass on the cost to the tenants.
The following people addressed Item C-2 (Discussion on Site Considerations and
Insurance for an Off -Leash Dog Park) expressing support for an off -leash dog park:
Mary Stallard, Anita Ayoob, Jim Kosvanic and Dick Brown.
David Nelson addressed a newspaper article regarding the tax base received from the
power plant. He said there are new homeowners in the City that are not aware of the
proposed modernization of the power plant.
Nancy Barta addressed Item A-6 (Report on Creating a City Public Art Policy) and stated
® this proposed policy is presented in a clear and concise way.
E
John Burch invited the community to the celebration for the signing of an agreement with
the Department of State Parks and Recreation and the indigenous tribes of California
recognizing access to their sacred ground on March 9`h at Morro Rock.
John Barta addressed Item B-3 (Ordinance No. 515 Amending Section 13.20.030 to
13.20.060 of Chapter 13.20 of the Morro Bay Municipal Code) stating the title needs
more description for public awareness. He also stated the City's municipal code should
be on the website.
Ken Vesterfelt encouraged the City to schedule a presentation by State representatives on
affordable housing.
Mayor Peters closed the hearing for public comment.
DECLARATION OF FUTURE AGENDA ITEMS
Councilmember Peirce requested to agendize the discussion of the proposed business
improvement district; Councilmember Winholtz and Councilmember DeMeritt
concurred.
3
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — FEBRUARY 27, 2006
Councilmember Winholtz requested to agendize the approval to send a letter of support
regarding SB 840 — a health care initiative; Mayor Peters 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.
A-1 APPROVAL OF MINUTES FOR THE MEETING OF FEBRUARY 14, 2006;
(ADMINISTRATION)
RECOMMENDATION: Approve as submitted.
A-2 INVESTMENT REPORTS FOR DECEMBER 2005 AND JANUARY 2006;
(FINANCE)
RECOMMENDATION: Receive for information.
® A-3 RESOLUTION NO. 08-06 AMENDING THE OPERATING AND CAPITAL
IMPROVEMENT BUDGETS; (FINANCE)
RECOMMENDATION: Adopt Resolution No. 08-06.
A-4 AUTHORIZATION TO FILL STREET WORKER VACANCY; (PUBLIC
SERVICES)
RECOMMENDATION: This item has been pulled from the agenda.
A-5 APPROVAL OF LETTER REGARDING SLUDGE DISPOSAL; (CITY
COUNCIL)
RECOMMENDATION: Approve letter to the Board of Supervisors.
A-6 REPORT ON CREATING A CITY PUBLIC ART POLICY; (RECREATION &
PARKS)
RECOMMENDATION: Approve City Public Art Policy.
11
Cl
® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — FEBRUARY 27, 2006
A-7 RESOLUTION NO. 10-06 AMENDING ADVISORY GROUP BY-LAWS AND
CITY COUNCIL POLICIES & PROCEDURES REGARDING MEETING
ATTENDANCE; (ADMINISTRATION)
RECOMMENDATION: Adopt Resolution No. 10-06.
A-8 CONTINUANCE OF EMERGENCY CONDITIONS REGARDING THE
CONDITION OF THE MORRO BAY FIRE STATION; (CITY ATTORNEY)
RECOMMENDATION: Determine by 4/5 vote that there is the need to continue
the emergency declaration.
A-9 RESOLUTION NO. 09-06 APPROVING SUBLEASE AGREEMENT FOR A
PORTION OF LEASE SITE 53-56/53W-56W LOCATED AT 501
EMBARCADERO; (HARBOR)
RECOMMENDATION: Adopt Resolution No. 09-06.
Councilmember DeMeritt pulled .Item A-1 from the Consent Calendar; Councilmember
Winholtz pulled Items A-5, A-6 and A-9; and Mayor Peters pulled Item A-7.
MOTION: Councilmember Winholtz moved the City Council approve Items A-2, A-
3 and A-8 of the Consent Calendar. The motion was seconded by
Councilmember Peirce and carried unanimously. (5-0)
A-1 APPROVAL OF MINUTES FOR THE MEETING OF FEBRUARY 14, 2006;
(ADMINISTRATION)
Councilmember DeMeritt requested an additional comment be added to page 7 of the
minutes; Council concurred.
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-5 APPROVAL OF LETTER REGARDING SLUDGE DISPOSAL; (CITY
COUNCIL)
Councilmember Winholtz addressed the letter to the Board of Supervisors regarding
sludge disposal for public information.
C
® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — FEBRUARY 27, 2006
MOTION: Councilmember Winholtz moved the City Council approve Item A-5 of
the Consent Calendar. The motion was seconded by Councilmember
DeMeritt and carried unanimously. (5-0)
A-6 REPORT ON CREATING A CITY PUBLIC ART POLICY; (RECREATION &
PARKS)
Councilmember Winholtz asked for clarification on the policy's review procedure.
Assistant City Manager Andrea Lueker responded the policy allows the City to review
each piece of artwork separately:
MOTION: Councilmember Winholtz 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 RESOLUTION NO. 10-06 AMENDING ADVISORY GROUP BY-LAWS AND
CITY COUNCIL POLICIES & PROCEDURES REGARDING MEETING
ATTENDANCE; (ADMINISTRATION)
Mayor Peters asked for clarification on advisory member absences. City Attorney Robert
Schultz stated that excused absences has been removed from the policies and procedures.
MOTION: Mayor Peters moved the City Council approve Item A-7 of the Consent
Calendar as amended. The motion was seconded by Councilmember
Peirce and carried unanimously. (5-0)
A-9 RESOLUTION NO. 09-06 APPROVING SUBLEASE AGREEMENT FOR A
PORTION OF LEASE SITE 53-56/53W-56W LOCATED AT 501
EMBARCADERO; (HARBOR)
Councilmember Winholtz stated she would vote in opposition to this item because it is
not an appropriate use for the lease site.
MOTION: Councilmember Winholtz moved the City Council deny the sublease
agreement for a portion of Lease Site 53-56/53W-56W. The motion was
seconded by Councilmember DeMeritt and carried with Councilmember
Baxley voting no. (4-1)
Mayor Peters called for a break at 6:50 p.m.; the meeting resumed at 7:05 p.m.
E
0
® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — FEBRUARY 27, 2006
B. PUBLIC HEARINGS, REPORTS & APPEARANCES
B-1 APPEAL OF THE PLANNING COMMISSION DENIAL OF TRACT 2582 ON
SEQUOIA COURT; (PUBLIC SERVICES)
Senior Planner Mike Prater stated on December 5, 2005, the Planning Commission
denied the proposed project because they felt the newly created lots are not consistent
with the General Plan and Local Coastal Plan. In staffs opinion, the applicant has made
every attempt to minimize the alteration of the hillside and place the roadway in an
alignment that follows the contours of the topography. Staff identified the primary issues
we felt were germane in reviewing this proposal, which included the stability of the site,
visual appearance from the highway, and minimizing grading of the hillside. The
applicant/appellant contends he has designed a subdivision that meets the requirements of
the zoning ordinance, and is sensitive to the surrounding area. He also feels the proposal
made every attempt to minimize development on the hillside and therefore is consistent
with the General Plan and Local Coastal Plan. Mr. Prater recommended the City Council
approve the appeal and overturn the Planning Commission decision to deny the project. .
Cathy Novak, agent for the applicant, stated the current parcel is approximately 5 % acres
being divided into four parcels. The building envelopes have been sited in such a fashion
to cluster the development towards the existing homes in the area, and position the
building away from the upper hilltop area to protect views of the hillside and ridgeline.
She said the corrective grading is necessary on this site because of the two identified
landslides; corrective grading procedures are authorized and used in instances where
safety and or health issues may be of concern. Ms. Novak stated the drainage system
would consist of an underground culvert designed by the engineer to address the run-off,
and a private roadway constructed to meet City requirements is proposed to traverse the
site in order to minimize slope issues. Once all the work has been completed, the
applicant would revegetate the site.
Terry Orton, Westland Architects, stated the stabilization of the landslide was not going
to be changed in its form after the project is completed, and the goal is to stabilize the
whole hillside.
Mayor Peters opened the hearing for public comment.
Dorothy Cutter referred to the Planning Commission determination on this project, and
stated all issues should be addressed. She urged the Council to uphold the Planning
Commission's action and deny this project.
® Roger Ewing expressed opposition to this project because it is a liability to the City.
VA
® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — FEBRUARY 27, 2006
Marla Bruton stated a NPDES permit is necessary whenever a roadway is extended. She
said laws are made for safety purposes.
Ken Vesterfelt stated qualified and educated people bring Council facts about these
projects.
Richard Sidowski explained how water would be routed on this project. He said the
County is in the middle of flux regarding affordable housing, and a project of this size
should provide affordable housing.
Mayor Peters closed the public comment hearing.
Councilmember DeMeritt read a segment of a letter from a neighboring property owner
regarding drainage. She also noted this property owner checked the plans at the Public
Services Department and found the plans do not match the full line construction of the
existing profile structure..
® Councilmember Baxley referred to the Planning Commission's motion and agreed this
site is not physically suitable for this type of development.
11
Councilmember Winholtz stated visually this proposed development is inconsistent with
the General Plan, Safety Element, and Land Use Element. She said it is excessive and
she cannot support this project.
Councilmember DeMeritt expressed concern with the failure of notification of the
surrounding property owners. She said the site is not physically suitable, and she has
concern with the drainage problems, grading, flooding, and erosion that will tear up the
street. She said she supports upholding the Planning Commission's decision to deny this
project.
Councilmember Peirce stated he couldn't envision eight structures built on the slope, and
supports the Planning Commission's denial of this project.
Mayor Peters stated this proposed development appears to have too many serious
problems, and she supports upholding the Planning Commission's decision to deny this
project.
ii
® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — FEBRUARY 27, 2006
MOTION: Councilmember DeMeritt moved the City Council deny the appeal and
uphold the Planning Commission's earlier action on this project. The
motion was seconded by Councilmember Winholtz and carried
unanimously. (5-0)
Mayor Peters called for a break at 8:22 p.m.; the meeting resumed at 8:27 p.m.
B-2 PRESENTATION ON HARBOR OFFICE ALTERNATIVES WITH USCG;
(HARBOR)
Public Services Director Bruce Ambo stated the preliminary plans for the project call for
a 9,062 square foot USCG facility, 4,562 square foot harbor office, and a 572 square foot
public restroom totaling 14,196 square feet on a slightly expanded building area where
the current facilities exist. There would be a common entrance area facing the
Embarcadero. The project has been preliminarily designed in accordance with the
Waterfront Master Plan Design Guidelines and in compliance with the building code
requirements for essential facilities. Mr. Ambo recommended the City Council provide
direction on whether staff should return with more detailed financial information on
® obtaining a loan and adopting a resolution to apply to the California Infrastructure and
Economic Development Bank Revolving Loan Fund for a low interest loan for
potentially up to $8.4 million for construction of interim and permanent facilities for a
combined harbor office and Coast Guard facility.
r
Mayor Peters opened the hearing for public comment.
Bill Martony stated the cost keeps going up for this project; he suggested accommodating
one or two people from the Harbor Department in a houseboat and allowing the Coast
Guard to build this project on their own.
Mayor Peters closed the public comment hearing.
Councilmember Peirce stated he would be surprised if this building was built within the
next ten years; however, he supports the concept.
Councilmember DeMeritt stated she has concern that this will impact the general fund;
however, she supports the concept if it comes out of the harbor fund.
Councilmember Winholtz stated she has concern with impacting the general fund and the
size of the proposed project; she would prefer the Harbor Department be scaled down.
W
® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — FEBRUARY 27, 2006
Councilmember Baxley suggested Council direct staff to return with more detailed
financial information.
Mayor Peters stated the City should move forward with this project.
MOTION: Councilmember DeMeritt moved the City Council direct staff to develop
materials to enable the City to apply to the California Infrastructure and
Economic Development Bank Revolving Loan Fund for a low interest
loan for the construction of interim and permanent facilities for a
combined harbor office and Coast Guard facility; work with the Coast
Guard in developing a more detailed agreement related to development of
the joint building; and, report back to the City Council with alternative
financing cost estimates with emphasis on restricting debt service and
financial burden to the Harbor fund. The motion was seconded by Mayor
Peters and carried unanimously. (5-0)
B-3 ORDINANCE NO. 515 AMENDING SECTION 13.20.030 to 13.20.060 OF
CHAPTER 13.20 OF THE MORRO BAY MUNICIPAL CODE — FIRST
® READING/INTRODUCTION; (CITY ATTORNEY)
City Attorney Robert Schultz stated pursuant to Morro Bay Municipal Code Section
13.20.030 to 13.20.060, the Planning Director (which position no longer exists) is
required to prepare an annual water report and present it at a Planning Commission
meeting and 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 water resources. Today those water restrictions
no longer exist. For the past two years, there has been absolutely no related public
comment at the City Council meetings. At the December 11, 2005 City Council meeting,
Council directed staff to prepare an amendment to Morro Bay Municipal Code Section
13.20.030 to 13.20.060. Mr. Schultz recommended the City Council accept public
comment, and then move for introduction and first reading of Ordinance No. 515, by
number and title only, amending Morro Bay Municipal Code Section 13.20.030 to
13.20.060.
E
Mayor Peters opened the hearing for public comment; there being no comment, Mayor
Peters closed the public comment hearing.
10
® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — FEBRUARY 27, 2006
Councilmember Winholtz stated she would like to maintain Section 13.20.050(B): "The
City Council shall also review the operating procedures for administration of the water
equivalency program developed by the planning director." She would like to maintain
this section in order to keep the City Council in the loop.
Councilmember Baxley stated as proposed in the staff report, the City Council will
continue to receive this information.
Councilmember DeMeritt stated in previous Council discussion, it was agreed this report
would be placed on the City Council Consent Calendar.
Councilmember Peirce stated he supports routine consent agenda review.
Mayor Peters agrees to place this report on the consent agenda.
Mr. Schultz recommended adding the following language to Section 13.20.040(B): "The
City Council shall consider this report at a City Council meeting and make any changes
to the annual report as deemed appropriate."
® MOTION: Councilmember Baxley moved the City Council approve Ordinance No.
515 for first reading and introduction only, as amended by the City
Attorney. The motion was seconded by Councilmember Peirce and carried
unanimously. (5-0)
City Manager Robert Hendrix read Ordinance No. 515 by number and title only.
C. UNFINISHED BUSINESS
C-1 CONSIDERATION OF PARTICIPATION IN CLEAN CITIES COALITION;
(CITY COUNCIL)
Councilmember DeMeritt stated the Central Coast Clean Cities Coalition is a group of
local stakeholders whose mission is to expand the use of alternative fuel vehicles and
fueling infrastructure throughout the Central Coast. . It is best described as a
clearinghouse for people to get together and learn more about alternative fuel vehicles.
Active membership is the heart of the coalition, with members from local schools and
universities, fuel and vehicle providers, local government, and the general public. She
said in order to be recognized by the National Clean Cities Coalition; it needs to be
proven that local municipalities are on board. Councilmember DeMeritt noted the
membership fee is $250, and recommended the City Council direct staff to proceed with
® the application in joining the Clean Cities Coalition.
® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — FEBRUARY 27, 2006
MOTION: Councilmember DeMeritt moved the City Council direct staff to proceed
with the application in joining the Clean Cities Coalition. The motion was
seconded by Councilmember Peirce and carved unanimously. (5-0)
C-2 DISCUSSION ON SITE CONSIDERATIONS AND INSURANCE FOR AN
OFF -LEASH DOG PARK; (RECREATION & PARKS)
Assistant City Manager Andrea Lueker stated the concept of locating an off -leash dog
park within the City of Morro Bay has been under discussion for several years. The City
Council, during their priority setting process in March 2001, indicated that an off -leash
dog park was an important City goal. After the goal setting process and a presentation
from Ann Calhoun of SLO4PUPS, the Recreation & Parks Commission began research
to select a suitable site for an off -leash dog park in Morro Bay. As a first step, the
Commission reviewed how areas in existing parks are used and the relative importance of
retaining open space and/or open turf areas in existing parks. Ms. Lueker stated this is an
informational report, and recommended the City Council provide further direction if
deemed necessary.
MOTION: Councilmember Winholtz moved the City Council officially designate the
northwest comer of Del Mar Park for an off -leash dog park; and in the
interim, use the tennis court site; and, direct staff to look into insurance
methods and fomung a non-profit group. The motion was seconded by
Councilmember DeMeritt and carried unanimously. (5-0)
C-3 DISCUSSION OF CREEK CLEARANCE FINANCING; (PUBLIC SERVICES)
City Engineer Frank Cunningham stated on September 26, 2005, the City Council
expressed an interest in having City forces_ continue to perform routine creek
maintenance. Staff was directed to investigate funding options, evaluate detailed and
specific aspects of the operation, and estimate costs for the various interests involved.
Based on staff research, there are no grant funding sources for continuous routine creek
maintenance. Based on the complexity of the issues, such as liability, legal access,
funding, and the fact that the private property owners need to participate and to some
degree comply, staff feels the City should not routinely maintain creeks for all private
properties in the City of Morro Bay. Mr. Cunningham recommended the City Council
review and discuss this report and if deemed appropriate, schedule an additional public
hearing to receive public input on specific issues regarding creek maintenance and
funding options for private property.
12
® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — FEBRUARY 27, 2006
MOTION: Mayor Peters moved the City Council direct staff to prepare a sample
package for creek clearance services including permission for entry,
liability and fee schedule for future Council review. The motion was
seconded by Councilmember Peirce and carved with Councilmember
Winholtz voting no. (4-1)
Mayor Peters called for a break at 10:10 p.m.; the meeting resumed at 10:15 p.m.
D. NEW BUSINESS
D-1 REVIEW OF COSTIREVENUE ALTERNATIVES FOR DIAL -A -RIDE;
(ADMINISTRATION)
Management Analyst Janeen Burlingame stated the City Council adopted a rate increase
for weekday service effective July 1, 2005, and established a premium fare for Saturday
service as a way to be able to continue providing Saturday service rather than eliminate
the service due to cuts in the City's budget. The Council also requested staff return after
® six months for a review of Saturday service and the impact of the premium fare to Morro
Bay Dial -A -Ride. Ms. Burlingame recommended the City Council receive the operating
and financial information with regard to Saturday and weekday service; review the cost
and revenue alternatives, and direct staff accordingly.
E
MOTION: Councilmember Peirce moved the City Council direct staff to decrease the
Saturday Dial -a -Ride fare to the weekday fare formula including discounts
with the goal of increasing Saturday ridership, effective March 4, 2006;
and, direct staff to negotiate with the Chamber of Commerce for sale of
advertising on Dial -a -Ride. The motion was seconded by Councilmember
Winholtz and carried unanimously. (5-0)
D-2 CONSIDER WHETHER TO SCHEDULE SPECIAL MEETING FOR
WORKSHOP TO DISCUSS COUNCIL RELATIONSHIP WITH
COMMUNITY BUSINESSES; (CITY COUNCIL)
Mayor Peters stated this item was agendized based on concerns received from business
owners in the community at the Town Hall Meeting.
The City Council discussed an appropriate date and time for this special meeting. Mayor
Peters stated she would consult with the Chamber of Commerce and Merchants
Association to see what the best date and time would be for local businesses to meet;
Council concurred.
13
® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — FEBRUARY 27, 2006
No further action was taken on this item.
D-3 CONSIDER WHETHER TO SCHEDULE SPECIAL MEETING TO DISCUSS
CITY PROGRAMS AND ESTABLISH BUDGET PRIORITIES; (CITY
COUNCIL)
Councilmember Winholtz stated she would like to schedule a special meeting for the
month of March before staff begins their budget planning to discuss issues such as
essential services and priority setting.
MOTION: Mayor Peters moved the City Council schedule a public hearing to discuss
the upcoming budget at the March 27, 2006 City Council meeting. The
motion was seconded by Councilmember Baxley and carried
unanimously. (5-0)
D-4 DISCUSSION OF VIEW PROTECTION ISSUES FROM A LEGAL,
FINANCIAL AND PHILOSOPHICAL PERSPECTIVE; (CITY COUNCIL)
® This item was pulled from the agenda.
ADJOURNMENT
The meeting adjourned at 11:02 p.m.
Recorded by:
Bridgett B ud' er
City Clerk
14
® NOTICE OF SPECIAL MEETING
E
NOTICE IS HEREBY GIVEN that the Morro Bay City Council will
be holding a Special Meeting on Thursday, February 23, 2006 at 7:00
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 and Recreation & Parks Commission.
DATED: February 16, 2006
Bridgett 4a er, City Clerk
® MINUTES — MORRO BAY CITY COUNCIL
SPECIAL MEETING — FEBRUARY 23, 2006
COMMUNITY CENTER MULTI PURPOSE ROOM - 7:00 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
City Manager
PUBLIC COMMENT
There was no public comment.
INTERVIEW OF APPLICANTS
The City Council interviewed the following applicants for Planning Commission: Jack
Franklin, Gary Ream and Charles Reason
® The City Council interviewed the following applicants for Recreation & Parks
Commission: Christi Hale, Steven Marketello and David Smith.
Appointments were made by ballot.
APPOINTMENT OF MEMBERS
MOTION: Councilmember Baxley moved the City Council appoint Gary Ream to the
Planning Commission (3-year term); and, Christi Hale to the Recreation &
Parks Commission (2-year term). The motion was seconded by
Councilmember Peirce and carried unanimously. (5-0)
ADJOURNMENT
The meeting adjourned at approximately 8:15 p.m.
11
City of Moro 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 willprovide a level of
municipal service and safety consistent with and responsive to the needs of the public.
REGULAR MEETING — FEBRUARY 14, 2006
CLOSED SESSION — FEBRUARY 14, 2006
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 54956.8; 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.
• Pro e : One Acre Land at the Comer of San Jacinto Street and SR1
Ne otg iating Parties: City and Julian Lipschitz/Edge Development
Negotiations: Sale Terms
IT IS NOTED THAT THE CONTENTS OF CLOSED SESSION MEETINGS
ARE CONFIDENTIAL AND EXEMPT FROM DISCLOSURE.
11
® PUBLIC SESSION — FEBRUARY 14, 2006
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 REGULAR MEETINGS ON JANUARY 9,
2006 AND JANUARY 23, 2006; AND THE SPECIAL MEETINGS OF
JANUARY 18, 2006 AND JANUARY 25, 2006; (ADMINISTRATION)
RECOMMENDATION: Approve as submitted.
A-2 RESOLUTION NO. 07-06 DECLARING AN EMERGENCY CONDITION TO
EXIST REGARDING THE CONDITION OF THE MORRO BAY FIRE
STATION AND AUTHORIZING THE IMMEDIATE EXPENDITURE OF
PUBLIC MONEY TO SAFEGUARD PUBLIC HEALTH AND SAFETY;
(CITY ATTORNEY)
RECOMMENDATION: Adopt Resolution No. 07-06.
A-3 RESOLUTION NO. 06-06 AUTHORIZING EXECUTION OF A NEW 47-
YEAR LEASE ON LEASE SITE 91-92/91W-92W LOCATED AT 899
EMBARCADERO WITH ANDERSON INN PROPERTIES; (HARBOR)
RECOMMENDATION: Adopt Resolution No. 06-06.
A-4 APPROVAL OF LETTER TO THE CALIFORNIA ENERGY COMMISSION
REGARDING THE IMPLICATIONS OF ACCUMULATION OF SPENT FUEL
AT CALIFORNIA'S OPERATING NUCLEAR POWER PLANTS; (CITY
® COUNCIL)
RECOMMENDATION: Review and authorize Mayor to send letter to the
California Energy Commission.
El
A-5 PROCLAMATION DECLARING FEBRUARY 28, 2006 AS "SPAY DAY
USA"; (ADMINISTRATION)
RECOMMENDATION: Adopt Proclamation.
B. PUBLIC HEARINGS. REPORTS & APPEARANCES
B-I PUBLIC HEARING ON PARTIAL ONE-WAY CIRCULATION,
COMMERCIAL DELIVERY AND PARKING REGULATIONS ON
EMBARCADERO, AND UPDATE ON PARKING MANAGEMENT PLAN;
(PUBLIC SERVICES)
RECOMMENDATION: Receive public input, and provide direction on the
Parking Management -Plan work program.
3
® B-2 STATUS REPORT ON JOINT MEETING WITH PLANNING COMMISSION
AND CONSIDERATION OF: 1) PRIORITIES WORK PROGRAM CHANGES;
2) COMMUNITY OPEN SPACE; AND 3) MIXED USE PROJECTS —
RESIDENTIAUCOMMERCIAL MIX INTERIM STANDARDS; (CITY
COUNCIL)
RECOMMENDATION: Receive public input, and provide appropriate
direction.
C. UNFINISHED BUSINESS
C-1 CONSIDERATION OF MEMORANDUM OF UNDERSTANDING WITH SLO
GREEN BUILD TO PROVIDE GREEN BUILD PROGRAM AND
AUTHORIZE PAYMENT OF $2,000 TO GREEN BUILD; (CITY COUNCIL)
RECOMMENDATION: Adopt Memorandum of Understanding with SLO
Green Build.
C-2 DISCUSSION ON ISSUES RELATED TO AFFORDABLE HOUSING; (CITY
COUNCIL)
RECOMMENDATION: Discuss possible ways the City may actively pursue
affordable housing and take appropriate action.
is C-3 CONSIDER RECOMMENDATION FROM HARBOR ADVISORY BOARD
REGARDING ANNEXATION; (HARBOR)
11
RECOMMENDATION: Review recommendations from the Harbor Advisory
Board and direct staff accordingly.
C4 CONSIDERATION OF PARTICIPATION IN CLEAN CITIES COALITION;
(CITY COUNCIL)
RECOMMENDATION: Discuss and direct staff accordingly.
C-5 APPROVAL OF FINDINGS FOR COUNCIL ACTION DENYING PROJECT
LOCATED AT 217,219 AND 221 MAIN STREET; (PUBLIC SERVICES)
RECOMMENDATION: Approve the findings for denial of this project per City
Council action at its January 9, 2006 meeting.
C-6 REVIEW OF MORRO BAY STATE PARK CIRCULATION PLAN AND CITY
BIKEWAYS; (PUBLIC SERVICES)
RECOMMENDATION: Discuss and direct staff accordingly.
rd
® D. NEW BUSINESS
D-1 COUNCIL REVIEW OF TWO CITY BALLOT INITIATIVE OR
REFERENDUM MEASURES REGARDING FILLING VACANT CITY
COUNCIL SEATS BY ELECTION; AND, TO PROVIDE A PRIMARY
ELECTION FOR CITY COUNCIL; (CITY ATTORNEY)
RECOMMENDATION: Discuss and direct staff accordingly.
D-2 CONSIDERATION OF COASTAL COMMISSION CONDITIONS FOR THE
CITY HARBORWALK PROJECT; (PUBLIC SERVICES)
RECOMMENDATION: Discuss and direct staff accordingly.
D-3 REVIEW OF SELECTION PROCESS AND MEETING ATTENDANCE
REQUIREMENTS FOR ADVISORY BOARD MEMBERS; (CITY COUNCIL)
RECOMMENDATION: Discuss and direct staff accordingly.
D-4 INTERIM URGENCY ORDINANCE NO. 514 PROHIBITING THE
ISSUANCE OF LAND USE DEVELOPMENT ENTITLEMENTS OR LAND
USE PERMITS FOR COMMUNITY HOUSING PROJECTS PENDING
COMPLETION OF STUDIES AND THE PREPARATION OF AN UPDATE
® TO THE CITY'S ZONING ORDINANCE CODE; (CITY ATTORNEY)
RECOMMENDATION: Adopt Interim Urgency Ordinance No. 514.
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
MINUTES - MORRO BAY CITY COUNCIL
® CLOSED SESSION — FEBRUARY 14, 2006
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 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 terms of payment for the purchase, sale, exchange, or lease of real
property.
• Property: One Acre Land at the Comer of San Jacinto Street and SRI
Negotiating Parties: City and Julian Lipschitz/Edge Development
Neeotiations: Sale Terms
The meeting adjourned to Closed Session at 5:00 p.m. and returned to regular session at
5:55 p.m.
MOTION: Councilmember Baxley moved the meeting be adjourned. The motion was
seconded by Councilmember DeMeritt and unanimously carried. (5-0)
The meeting adjourned at 5:55 p.m.
MINUTES - MORRO BAY CITY COUNCIL
® REGULAR MEETING — FEBRUARY 14, 2006
VETERANS MEMORIAL HALL - 6:00 P.M.
Mayor Peters called the meeting to order at 6:09 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
Bill Boucher
Capital Projects Manager
John DeRohan
Police Chief
Mike Pond
Fire Chief
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
Bill Woodson addressed the Chevron Terminal site and the removal of contaminated dirt;
he suggested the City consider annexing this property so the City has more of a direct
voice on what happens with this property as well as financial involvement.
Robert Davis and Nancy Johnson, members of the Morro Bay Citizens Bike Committee,
addressed the upcoming Tour of California and requested those interested to meet at San
Jacinto and Highway 1 to help celebrate the riders while they ride through Morro Bay on
February 23rd.
Officer Rick Catlett addressed the Tour of California and announced traffic closures for
this event.
Hank Roth announced the next Neighborhood Watch information meeting will be held on
February 22"d at the Morro Bay Community Center. This month's speaker will be Larry
Vizard, Public Information Officer from the California Men's Colony.
2
MINUTES - MORRO BAY CITY COUNCIL
® REGULAR MEETING — FEBRUARY 14, 2006
The following people expressed support for Item A-4 (Approval of Letter to the
California Energy Commission Regarding the Implications of Accumulation of Spent
Fuel at California's Operating Nuclear Power Plants): Judy Vick, Joan Carter, Paula
Dallick, Richard Keller and Carrie Keller.
The following people expressed opposition to Item D-1 (Council Review of Two City
Ballot Initiative or Referendum Measures Regarding Filling Vacant City Council Seats
by Election; and, to Provide a Primary Election for City Council): Susan Heinemann,
Roger Ewing, Carrie Keller, and Ray McKelligott.
Richard Keller brought to the attention of the City that there is debris that is exposed at
Morro Rock that could be hazardous to those that enter the beach at this location.
Noah Smukler thanked Council for their support with his appointment to the Public
Works Advisory Board. He expressed support for Item C-1 (Consideration of
Memorandum of Understanding With SLO Green Build to Provide Green Build Program
and Authorize Payment of $2,000 to Green Build) and Item C-4 (Consideration of
Participation in Clean Cities Coalition).
Bob Krizer addressed Item C-5 (Approval of Findings for Council Action Denying
IS
Project Located at 217, 219 and 221 Main Street) and requested the City Council deny
this project without prejudice so the applicant can resubmit plans for this property.
John Barta addressed Item D-1 stating our greatest moment in democracy is on election
day. He said an elected official is elected to a specific term, which should be fulfilled.
Mayor Peters closed the hearing for public comment.
DECLARATION OF FUTURE AGENDA ITEMS
Councilmember Winholtz requested to agendize the consideration of sending a letter to
the Board of Supervisors regarding sludge disposal; Councilmember DeMeritt and Mayor
Peters concurred.
Councilmember Winholtz requested to agendize the consideration to schedule a special
meeting to discuss City programs and establish budget priorities; Councilmember
DeMeritt and Mayor Peters concurred.
Councilmember DeMeritt requested to agendize a report on Green Accords;
Councilmember Winholtz and Mayor Peters concurred.
Councilmember DeMeritt requested to agendize a discussion of range of pay for
® executive employees; Councilmember Winholtz and Mayor Peters concurred.
3
E
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — FEBRUARY 14, 2006
Mayor Peters requested to agendize the consideration of scheduling a special meeting to
discuss Council relationship with community businesses; Councilmember 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 APPROVAL OF MINUTES FOR REGULAR MEETINGS ON JANUARY 9,
2006 AND JANUARY 23, 2006; AND THE SPECIAL MEETINGS OF
JANUARY 18, 2006 AND JANUARY 25, 2006; (ADMINISTRATION)
RECOMMENDATION: Approve as submitted.
A-2 RESOLUTION NO. 07-06 DECLARING AN EMERGENCY CONDITION TO
EXIST REGARDING THE CONDITION OF THE MORRO BAY FIRE
STATION AND AUTHORIZING THE IMMEDIATE EXPENDITURE OF
PUBLIC MONEY TO SAFEGUARD PUBLIC HEALTH AND SAFETY;
(CITY ATTORNEY)
RECOMMENDATION: Adopt Resolution No. 07-06.
A-3 RESOLUTION NO. 06-06 AUTHORIZING EXECUTION OF A NEW 47-
YEAR LEASE ON LEASE SITE 91-92/91W-92W LOCATED AT 899
EMBARCADERO WITH ANDERSON INN PROPERTIES; (HARBOR)
RECOMMENDATION: Adopt Resolution No. 06-06.
A-4 APPROVAL OF LETTER TO THE CALIFORNIA ENERGY COMMISSION
REGARDING THE IMPLICATIONS OF ACCUMULATION OF SPENT FUEL
AT CALIFORNIA'S OPERATING NUCLEAR POWER PLANTS; (CITY
COUNCIL)
RECOMMENDATION: Review and authorize Mayor to send letter to the
California Energy Commission.
A-5 PROCLAMATION DECLARING FEBRUARY 28, 2006 AS "SPAY DAY
USA'; (ADMINISTRATION)
RECOMMENDATION: Adopt Proclamation.
Mayor Peters pulled Items A -I and A-4 from the Consent Calendar; Councilmember
Winholtz pulled Items A-2 and A-3.
4
MINUTES - MORRO BAY CITY COUNCIL
® REGULAR MEETING — FEBRUARY 14, 2006
A-1 APPROVAL OF MINUTES FOR REGULAR MEETINGS ON JANUARY 9,
2006 AND JANUARY 23, 2006; AND THE SPECIAL MEETINGS OF
JANUARY 18, 2006 AND JANUARY 25, 2006; (ADMINISTRATION)
Mayor Peters pulled the minutes of January 23, 2006 to read the motions for Item B-1
(Appeal of Planning Commission Denial of a 4-unit Subdivision Proposed at 594 Kings
Avenue) for public information and clarification.
MOTION: Mayor Peters moved the City Council approve Item A -I . of the Consent
Calendar. The motion was seconded by Councilmember Winholtz and
carried unanimously. (5-0)
A-2 RESOLUTION NO. 07-06 DECLARING AN EMERGENCY CONDITION TO
EXIST REGARDING THE CONDITION OF THE MORRO BAY FIRE
STATION AND AUTHORIZING THE IMMEDIATE EXPENDITURE OF
PUBLIC MONEY TO SAFEGUARD PUBLIC HEALTH AND SAFETY;
(CITY ATTORNEY)
Councilmember Winholtz requested clarification on where the modular building would
be located, and if Piney Way would be closed. City Manager Robert Hendrix responded
is building
administrative quarters of the existing fire station would be removed, and the modular
building would be temporarily placed in the empty lot across the street. He stated the
road would not be abandoned for this project.
11
MOTION: Councilmember Winholtz 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 RESOLUTION NO. 06-06 AUTHORIZING EXECUTION OF A NEW 47-
YEAR LEASE ON LEASE SITE 91-92/91W-92W LOCATED AT 899
EMBARCADERO WITH ANDERSON INN PROPERTIES; (HARBOR)
Councilmember Winholtz expressed concern with the length of this lease site contract.
MOTION: Councilmember Winholtz moved the City Council approve the lease for
Lease Site 91-92/91 W-92W for forty years.
The motion died for lack of a second.
MOTION: Councilmember Baxley moved the City Council approve Item A-3 of the
Consent Calendar. The motion was seconded by Councilmember Peirce
and carried unanimously. (5-0)
5
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — FEBRUARY 14, 2006
A-4 APPROVAL OF LETTER TO THE CALIFORNIA ENERGY COMMISSION
REGARDING THE IMPLICATIONS OF ACCUMULATION OF SPENT FUEL
AT CALIFORNIA'S OPERATING NUCLEAR POWER PLANTS; (CITY
COUNCIL)
Mayor Peters requested Council's support in approving this letter.
MOTION: Councilmember Winholtz moved the City Council approve Item A-4 of
the Consent Calendar. The motion was seconded by Councilmember
DeMeritt and carried unanimously. (5-0)
Mayor Peters called for a break at 7:12 p.m.; the meeting resumed at 7:27 p.m.
B. PUBLIC HEARINGS. REPORTS & APPEARANCES
B-1 PUBLIC HEARING ON PARTIAL ONE-WAY CIRCULATION,
COMMERCIAL DELIVERY AND PARKING REGULATIONS ON
EMBARCADERO, AND UPDATE ON PARKING MANAGEMENT PLAN;
(PUBLIC SERVICES)
® Public Services Director Bruce Ambo stated on January 9, 2006 the City Council heard
public testimony on the concept of rerouting the circulation on a portion of the
Embarcadero to one-way. At the meeting, numerous Embarcadero businesses raised their
objections to the one-way concept and submitted a petition in opposition to the revised
circulation proposal. The hearing was continued without further direction on the
remaining components of the Parking Management Program work program. Mr. Ambo
recommended the City Council accept public input on the circulation/partial one-way
Embarcadero portion of the plan, and provide direction on the remaining components of
the overall Parking Management Plan work program.
Mayor Peters opened the hearing for public comment.
Don Lockwood, Chairman of the Harbor Advisory Board, stated the Board would like the
Embarcadero to remain two-way circulation. He said the Morro Bay Yacht Club is also
opposed to any changes on the Embarcadero.
Mayor Peters closed the public comment hearing.
Councilmember Peirce stated this was originally his item with the thoughts that one-way
traffic with diagonal parking would allow for easier parking; however, he believes this
issue should be tabled with the opposition expressed from the businesses on the
Embarcadero.
0
MINUTES - MORRO BAY CITY COUNCIL
® REGULAR MEETING — FEBRUARY 14, 2006
Councilmember DeMeritt stated parking is a problem on the Embarcadero, and diagonal
parking would make parking easier. She said the City should make the Embarcadero
more pedestrian -friendly with wider sidewalks and bulb -outs.
Councilmember Winholtz agreed the Embarcadero needs more parking, and suggested
implementing a trial run with one-way traffic.
Councilmember Baxley stated he supports the Harbor Advisory Board recommendations.
He suggested placing time constraints on loading zones. Councilmember Baxley stated
the City should prepare a Parking Management Plan that will address parking on the
Embarcadero as well as downtown.
Mayor Peters expressed opposition to one-way traffic circulation, and stated tourists will
find a place to park in order to enjoy the Embarcadero.
MOTION: Councilmember Baxley moved the City Council table discussion on the
Circulation/Partial One -Way Embarcadero portion of the plan. The motion
was seconded by Councilmember Peirce.
Councilmember DeMeritt suggested Council walk the length of the Embarcadero
® alongside somebody to witness the obstacles on the sidewalks.
Councilmember Winholtz stated she would vote in opposition because it is time to make
some changes on the Embarcadero.
VOTE: The motion carried with Councilmember DeMeritt and Councilmember
Winholtz voting no. (3-2)
MOTION: Councilmember Baxley moved the City Council direct staff to move
forward with the Parking Management Plan work program, including
parking consideration on the Embarcadero and downtown area; and,
including possible time limitations for loading zones on the Embarcadero.
The motion was seconded by Councilmember Peirce.
Councilmember Winholtz suggested Council consider reviewing the current Parking
Management Plan.
Councilmember DeMeritt cited previous studies that were still in draft form. She asked
that this new report be finalized and acted upon by Council.
VOTE: The motion carried with Councilmember Winholtz voting no. (4-1)
7'
MINUTES - MORRO BAY CITY COUNCIL
® REGULAR MEETING — FEBRUARY 14, 2006
B-2 STATUS REPORT ON JOINT MEETING WITH PLANNING COMMISSION
AND CONSIDERATION OF: 1) PRIORITIES WORK PROGRAM CHANGES;
2) COMMUNITY OPEN SPACE; AND 3) MIXED USE PROJECTS =
RESIDENTIAL/COMMERCIAL MIX INTERIM STANDARDS; (CITY
COUNCIL)
City Manager Robert Hendrix stated the City Council met in joint session with the
Planning Commission on February 6, 2006. Three specific issues were referred for
further consideration and decision from that meeting to the business meeting of the City
Council. They included changing the priorities of the staff work program, considering
interim guidelines for common open space, and standards for mixed use projects. Mr.
Hendrix recommended the City Council open the hearing for public comment, deliberate
on these issues and direct staff accordingly.
Mayor Peters opened the hearing for public comment.
Roger Ewing stated the City Council should not take action until more public input is
received.
Dorothy Cutter stated the City is not going to have affordable housing if people continue
® to build -out on their lots. She suggested Council consider the City's original setback
requirements that would allow for smaller houses. Ms. Cutter expressed opposition to
tandem parking.
Mayor Peters closed the public comment hearing.
MOTION: Councilmember Winholtz moved the City Council approve amending the
Planning Staff Work Program to give the Subdivision Ordinance Update
first priority; Parking Management Plan second priority; Variable Height
and Setbacks; Downtown Visioning; Updated NPDES Storm Water
Mitigation Plan; CEQA Implementation Guidelines; Housing Element;
Landscape Plan Submittal Guidelines; and, General Plan and Zoning
Ordinance per Coastal Commission Completion of review all remain as
previously listed. The motion was seconded by Councilmember Baxley
and carried unanimously. (5-0)
Councilmember DeMeritt stated community housing and common open space guidelines
should receive more public comment, and these issues should be announced on the
monthly water bills. She read the definition of Open Space from the Morro Bay
Municipal Code for the record, and said this definition needs to be clarified.
Councilmember Peirce stated residents would not occupy a common open space area as
® much as a private yard.
0
MINUTES - MORRO BAY CITY COUNCIL
is REGULAR MEETING — FEBRUARY 14. 2006
Councilmember Winholtz stated the intent of a community housing project is to give the
developer the benefit of smaller lots, but in turn gives the benefit of open space.
MOTION: Mayor Peters moved the City Council direct staff to prepare examples for
Council consideration to clarify Items 1, 2, 4 (first sentence) and 5, of
Exhibit "A" (Planning Commission motion) in the staff report. Also, staff
is to bring back a policy resolution with drawings illustrating a community
housing project -The motion was seconded by Councilmember Baxley and
carried unanimously. (5-0)
Council discussed Interim Mixed Use Project Standards; this section was continued to a
future Council meeting.
C. UNFINISHED BUSINESS
C-1 CONSIDERATION OF MEMORANDUM OF UNDERSTANDING WITH SLO
GREEN BUILD TO PROVIDE GREEN BUILD PROGRAM AND
AUTHORIZE PAYMENT OF $2,000 TO GREEN BUILD; (CITY COUNCIL)
Councilmember Winholtz stated at the November 14, 2005 City Council meeting, Mikel
® Robertson of SLO Green Build suggested the City participate in a program that is being
adopted by other agencies in the County. Green building is a design and construction
practice that promotes the environmental and economic health and well being of your
family, the community, and the planet. Councilmember Winholtz recommended the
City Council adopt a Memorandum of Understanding with SLO Green Build.
Councilmember Winholtz stated she would contribute the remainder of her discretionary
funds toward this program; Mayor Peters stated she would also contribute a portion of her
discretionary funds for this program.
MOTION: Councilmember Winholtz moved the City Council adopt a Memorandum
of Understanding with SLO Green Build. The cost of this agreement will
be provided by Councilmember Winholtz and Mayor Peters' discretionary
funds. The agreement will include changes to the Memorandum of
Understanding suggested by the City Manager. The motion was seconded
by Councilmember DeMeritt and carried unanimously. (5-0)
C-2 DISCUSSION ON ISSUES RELATED TO AFFORDABLE HOUSING; (CITY
COUNCIL)
Councilmember Winholtz stated the City has taken a number of steps to address the
community's affordable housing need. It has continued and updated the inclusionary
® housing piece in the City's Housing Element. It has successfully applied for some State
grants for rehabilitation; yet, the City lags behind other County cities in producing its
share of low and very low income housing stock.
MINUTES - MORRO BAY CITY COUNCIL
® REGULAR MEETING — FEBRUARY 14, 2006
Councilmember Winholtz recommended the City Council discuss possible ways the City
may actively pursue affordable housing and take appropriate next steps.
After some discussion by Council on housing, land trusts and Mobilehome conversion,
this item was continued to a future City Council meeting.
No further action was taken on this item.
C-3 CONSIDER RECOMMENDATION FROM HARBOR ADVISORY BOARD
REGARDING ANNEXATION; (HARBOR)
City Manager Robert Hendrix stated the ,Harbor Advisory Board reviewed back
bay/annexation issues at their November 3, 2005 meeting. He presented a memorandum
to the City Council reflecting the recommendations made by the Harbor Advisory Board
regarding this issue.
MOTION: Councilmember Baxley moved the City Council direct staff to send a
letter to the Department of Fish & Game requesting they sublease the
Windy Cove mooring area, including the channel area from the existing
City limits to the State Park Marina basin area to the City. The motion
® was seconded by Councilmember Peirce and carried unanimously. (5-0)
C-4 CONSIDERATION OF PARTICIPATION IN CLEAN CITIES COALITION;
(CITY COUNCIL)
This item was continued to the February 23, 2006 City Council meeting.
C-5 APPROVAL OF FINDINGS FOR COUNCIL ACTION DENYING PROJECT
LOCATED AT 217,219 AND 221 MAIN STREET; (PUBLIC SERVICES)
City Attorney Robert Schultz stated on January 9, 2006, the City Council held a public
hearing on the project located at 217, 219 and 221 Main Street, and after receiving public
testimony voted 3-2 to uphold the Planning Commission's decision and deny the appeal.
He said if Council desires, it could adopt the findings for denial without prejudice and
instruct the applicant to bring back a revised project that addresses Council's concerns
regarding parking, grading and bulk and scale of the project.
MOTION: Councilmember Peirce moved the City Council approve the findings of
denial, without prejudice, for the project located at 217, 219, and 221
Main Street, and send it back to the Planning Commission for review of a
new plan. The motion was seconded by Councilmember DeMeritt and
carried unanimously. (5-0)
10
MINUTES - MORRO BAY CITY COUNCIL
® REGULAR MEETING — FEBRUARY 14, 2006
C-6 REVIEW OF MORRO BAY STATE PARK CIRCULATION PLAN AND CITY
BIKEWAYS; (PUBLIC SERVICES)
Capital Projects Manager Bill Boucher stated there have been suggestions to update the
City's Bikeway Planning Study adopted by the City Council in 1997. He also stated the
traffic circulation through the Morro Bay State Park is of critical import to the
community as reflected in the Circulation Element to the General Plan. The Traffic
Circulation Study for State Parks Road was reviewed by the City Council at its
November 8, 2004 meeting. Council adopted Resolution No. 73-04 endorsing the project
option recommended by the Public Works Advisory Board for "maintaining two way
vehicular traffic on both Park View Road and State Park Road and to install a Class 1
bicycle trail along the lower road, preferably on the west side, from Main Street to South
Bay Boulevard." At the December 2005 San Luis Obispo Council of Governments
Board meeting, the first phase of the Morro Bay State Park Class 1 Bike Path Project was
set as the top of three priority projects for submission to the Federal Highways
Administration for the National Scenic Byway Grant Program. Mr. Boucher
recommended the City Council receive this report for information, and if deemed
appropriate, direct staff accordingly.
Council discussed the traffic circulation of Park View Road and State Park Road, and
® how to incorporate a Class 1 Bike Path.
This was for Council information, and no action was taken on this item.
Mayor Peters called for a break at 10:03 p.m.; the meeting resumed at 10:09 p.m
D. NEW BUSINESS
D-I COUNCIL REVIEW OF TWO CITY BALLOT INITIATIVE OR
REFERENDUM MEASURES REGARDING FILLING VACANT CITY
COUNCIL SEATS BY ELECTION; AND, TO PROVIDE A PRIMARY
ELECTION FOR CITY COUNCIL; (CITY ATTORNEY)
City Attorney Robert Schultz stated on January 17, 2006, notices of intent to circulate
two petitions proposing two amendments to the Morro Bay Municipal Code were
submitted. The proponents advised of their intent to qualify the measures for a special
election ballot on June 6, 2006. He said at this point in time, it is extremely unlikely that
petitioners will be able to gather enough signatures within the time frame set forth by the
County of San Luis Obispo; however, instead of waiting to see if the petitions qualify for
the ballot, the City Council could direct staff to prepare resolutions to place all, part, or
none of the measures on the June 6`s special election ballot. Mr. Schultz recommended
the City Council discuss this option, and direct staff accordingly.
® Council concurred to not proceed with these initiatives.
11
MINUTES - MORRO BAY CITY COUNCIL
® REGULAR MEETING — FEBRUARY 14, 2006
No further action was taken on this item.
D-2 CONSIDERATION OF COASTAL COMMISSION CONDITIONS FOR THE
CITY HARBORWALK PROJECT; (PUBLIC SERVICES)
Capital Projects Manager Bill Boucher stated the purpose of this report is to provide the
City Council with updated information on the status of this project, and to request
direction on how to proceed with the project. He said the project lies within the original
jurisdiction of the Coastal Commission. Once the Planning Commission approved the
Use Permit for the project last July, staff prepared plans and specifications addressing the
conditions of approval and submitted the plans to the Coastal Commission for
consideration of a Coastal Development Permit. The City's design consultant, RRM
Design, and another firm in the profession have informed staff that a dunes enhancement
program could cost up to $70,0004100,000 per acre. The whole parcel extends from
Morro Rock to the power plant and from the bay to Morro Creek, which is about 20
acres. The Coastal Commission staff proposed conditions of approval resulting in a
scope of work not included in any existing grants for this project. Mr. Boucher
recommended the City Council consider this matter, and direct staff accordingly.
MOTION: Councilmember Peirce moved the City Council direct staff to send a letter
® to the Coastal Commission requesting their staff biologists come to Mono
Bay to review the Harborwalk project area. The motion was seconded by
Councilmember Baxley and carried unanimously. (5-0)
11
D-3 REVIEW OF SELECTION PROCESS AND MEETING ATTENDANCE
REQUIREMENTS FOR ADVISORY BOARD MEMBERS; (CITY COUNCIL)
City Manager Robert Hendrix stated the purpose of thus report is to respond to the City
Council request for a review of current advisory board member selection policies and
City meeting attendance standards for advisory groups. He said any change to the current
policy that may be desired by Council should be directed to staff for preparation for
formal action on a future agenda.
MOTION: Councilmember Baxley moved the City Council approve amending the
attendance requirements for all City commissions and advisory boards to
read the same as the Public Works Advisory Board by-laws attendance
section, and direct staff to return with a resolution amending this policy.
The motion was seconded by Councilmember Peirce and carried
unanimously. (5-0)
12
E
11
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — FEBRUARY 14, 2006
D4 INTERIM URGENCY ORDINANCE NO. 514 PROHIBITING THE
ISSUANCE OF LAND USE DEVELOPMENT ENTITLEMENTS OR LAND
USE PERMITS FOR COMMUNITY HOUSING PROJECTS PENDING
COMPLETION OF STUDIES AND THE PREPARATION OF AN UPDATE
TO THE CITY'S ZONING ORDINANCE CODE; (CITY ATTORNEY)
City Attorney Robert Schultz stated 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 community housing projects were to continue
to be processed. He noted both statutory and case authority plainly support the legislative
body's right to consider and enact a moratorium on community, housing projects while
the City studies proposed general plan or zoning changes that might impact and affect the
development standards for community housing projects. If enacted, such an Interim
Urgency Moratorium Ordinance would effectively prohibit the grant of any project
entitlements, including building permits for community housing projects. Mr. Schultz
recommended the City Council adopt Interim Urgency Ordinance No. 514 prohibiting the
issuance of land use development entitlements or land use permits for community
housing projects pending completion of studies and the preparation of an update to the
City's Subdivision Ordinance, and Zoning Ordinance code.
MOTION: Councilmember Winholtz moved the City Council adopt Interim Urgency
Ordinance No. 514 prohibiting the issuance of land use development
entitlements or land use permits for community housing projects pending
completion of studies and the preparation of an update to the City's
Subdivision Ordinance, and Zoning Ordinance code for projects that are
not vested. The motion was seconded by Councilmember DeMeritt and
carried with Councilmember Peirce voting no. (4-1)
ADJOURNMENT
The meeting adjourned at 11:00 p.m.
Recorded by:
��L U
Bridgett Bauer
City Clerk
13
NOTICE OF SPECIAL
0 CITY COUNCIL MEETING
NOTICE IS HEREBY GIVEN that the Mono Bay City Council will
be holding a Special Meeting on Monday, January 30, 2006 at 6:00 a.m.
to be held at the Veterans' Memorial Building, 209 Surf Street, Morro Bay,
California.
The City Council will be holding a Town Hall Meeting to discuss
various issues brought forward by the public.
IN COMPLL4,NCE 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: January 25, 2006
&u.c.AI-�
Bridge auer, City Clerk
NOTICE OF SPECIAL CITY COUNCIL
® CLOSED SESSION MEETING
NOTICE IS HEREBY GIVEN that the Morro Bay City Council will
be holding a Special Meeting on Monday, January 30, 2006 at 5:00 a.m.
to be held at the City Hall Conference Room, 595 Harbor Street, Morro 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 parcel.
Property: One Acre Land at the comer of Jacinto Street and SRI.
® Negotiating Parties: City of Morro Bay and Edge Development and
Jullian Lipschitz.
Negotiations: Voluntary Purchase and Sale.
IN COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT, W
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: January 25, 2006
Bridgett B4uer, 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 23, 2006
CLOSED SESSION — JANUARY 23, 2006
CITY HALL CONFERENCE ROOM - 5:00 P.M.
595 HARBOR ST., MORRO BAY, CA
CS-1 CONFERENCE WITH LEGAL COUNSEL REGARDING PENDING
® LITIGATION — GOVERNMENT CODE SECTION 54956.9(a):
Lauff �er v. City of Morro Bay
CS-2 GOVERNMENT CODE SECTION 54957; PERSONNEL ISSUES.
Discussions regarding Personnel Issues including one (1) public employee
regarding evaluation, specifically City Attorney.
IT IS NOTED THAT THE CONTENTS OF CLOSED SESSION MEETINGS
ARE CONFIDENTIAL AND EXEMPT FROM DISCLOSURE.
11
® PUBLIC SESSION — JANUARY 23, 2006
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
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 REGULAR MEETING ON JANUARY 9,
2006; (ADMINISTRATION)
RECOMMENDATION: This item has been pulled from the agenda.
A-2 STATUS REPORT ON SITE CONSIDERATIONS FOR OFF LEASH DOG
PARK; (RECREATION & PARKS)
RECOMMENDATION: This is an informational report, and no action is
necessary.
A-3 ACCEPTANCE OF RESIGNATION FROM PLANNING COMMISSIONER;
(ADMINISTRATION)
RECOMMENDATION: Receive and accept the letter of resignation.
A-4 PROCLAMATION ACKNOWLEDGING THE GRAND JURY;
(ADMINISTRATION)
® RECOMMENDATION: Adopt Proclamation.
A-5 RESOLUTION NO.04-06 APPROVING ACCEPTANCE OF FINAL MAP FOR
APPROVED FIVE -LOT RESIDENTIAL DEVELOPMENT LOCATED AT 555
MAIN STREET; (PUBLIC SERVICES)
RECOMMENDATION: Adopt Resolution No. 04-06.
A-6 AUTHORIZATION FOR ATTENDANCE AT THE C-MANC ANNUAL
MEETING IN WASHINGTON DC; (HARBOR)
RECOMMENDATION: Approve authorization for a two -person delegation to
attend the C-MANC's Washington Week meetings.
A-7 RESOLUTION NO. 05-06 ADOPTING AGREEMENT REGARDING DEED
OF TRUST FOR LEASE SITE 89/89W, LOCATED AT 845 EMBARCADERO;
(HARBOR)
RECOMMENDATION: Adopt Resolution No. 05-06.
n
\J
3
® B. PUBLIC HEARINGS. REPORTS & APPEARANCES
B-1 APPEAL OF PLANNING- COMMISSION DENIAL OF A 4-UNIT
SUBDIVISION PROPOSED AT 594 KINGS AVENUE; (PUBLIC SERVICES)
RECOMMENDATION: Approve the appeal and overturn the Planning
Commission's decision to deny this project.
B-2 MID -YEAR BUDGET REVIEW; (FINANCE)
RECOMMENDATION: Review and provide direction to staff.
C. UNFINISHED BUSINESS
C-1 CONSIDERATION OF MEMORANDUM OF UNDERSTANDING WITH SLO
GREEN BUILD TO PROVIDE GREEN BUILD PROGRAM AND
AUTHORIZE PAYMENT OF $2,000 TO GREEN BUILD; (CITY COUNCIL)
RECOMMENDATION: Discuss and direct staff accordingly.
C-2 DISCUSSION OF ISSUES RELATED TO AFFORDABLE HOUSING; (CITY
COUNCIL)
® RECOMMENDATION: Discuss and direct staff accordingly.
C-3 CONSIDER RECOMMENDATION FROM HARBOR ADVISORY BOARD
REGARDING ANNEXATION; (HARBOR)
RECOMMENDATION: Review the recommendations of the Harbor Advisory
Board regarding annexation, and direct staff accordingly.
C-4 FURTHER DISCUSSION OF AGENDA FOR JOINT MEETING WITH
PLANNING COMMISSION; (CITY COUNCIL)
RECOMMENDATION: Discuss and direct staff accordingly.
D. NEW BUSINESS
D-I CONSIDERATION OF HEADQUARTERS FIRE STATION APPARATUS
BAY REPLACEMENT PROJECT AND REPLACEMENT ALTERNATIVES
FOR ADMINISTRATIVE AND LIVING SPACE IN THE FIRE STATION,
INCLUDING ALTERNATIVE SCENARIOS, FINANCING AND
TEMPORARY ACCOMMODATION; (PUBLIC SERVICES)
RECOMMENDATION: Discuss and direct staff accordingly.
C!
® D-2 REVISIT THE USE OF NEW REVENUES POLICY AND ADD A SENSE OF
PRIORITIES; (CITY COUNCIL)
RECOMMENDATION: Discuss and direct staff accordingly.
D-3 CONSIDERATION OF PARTICIPATION IN CLEAN CITIES COALITION;
(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.
LJ
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 23, 2006
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 carved. (5-0)
Mayor Peters read the Closed Session Statement.
CS-1 CONFERENCE WITH LEGAL COUNSEL REGARDING PENDING
® LITIGATION — GOVERNMENT CODE SECTION 54956.9(a):
• Lauffer, City of Morro Bay
CS-2 GOVERNMENT CODE SECTION 54957; PERSONNEL ISSUES.
Discussions regarding Personnel Issues including one (1) public employee
regarding evaluation, specifically City Attorney.
The meeting adjourned to Closed Session at 5:00 p.m. and returned to regular session at
5:38 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 5:38 p.m.
E
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — JANUARY 23, 2006
® 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
l
STAFF: Robert Hendrix
Andrea Lueker
Robert Schultz
Bridgett Bauer
Rick Algert
Bruce Ambo
Bill Boucher
John DeRohan
Jim Koser
Mike Pond
Mike Prater
Joe Woods
City Manager
Assistant City Manager
City Attorney
City Clerk
Harbor Director
Public Services Director
Capital Projects Manager
Police Chief
Finance Director
Fire Chief
Senior Planner
Facilities Superintendent
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
Keith Taylor, Friends of the Fire Department, shared pictures of the condition of the Fire
House after the latest rainstorm.
Joanna Hamburg of the San Luis Obispo County Grand Jury addressed Item A-4
(Proclamation Acknowledging the Grand Jury) and read the proclamation for public
information on the Grand Jury.
Susan Heinemann announced a party would be held on January 28, 2006 in support of
Bruce Gibson who is a candidate for County Board of Supervisor, District Two.
f,J
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — JANUARY 23, 2006
Ray McKelligott, President of the Advocates for a Better Community, announced the
Annual General Membership Meeting is scheduled for February 5, 2006 at 2:00 p.m.; the
three candidates for District 2 Supervisor will be the key speakers. He also stated Morro
Bay should be working on a mobile home park conversion ordinance in order to preserve
mobile home units as affordable housing resources.
Betty Forsythe addressed Helping Hand events, and encouraged public participation in
this program.
Phil Hill addressed damage in the harbor from previous storms, and expressed the need
for a boat yard. He also shared with the City a dead duck shot by hunters in the back bay.
Alex Bugrov, Air Pollution Control District, announced a grant workshop that will be
held on February 1, 2006 to expand awareness on upcoming air pollution grant programs
available throughout 2006.
Susan Mullen addressed Item B-1 (Appeal of Planning Commission Denial of a 4-Unit
Subdivision Proposed at 594 Kings Avenue) stating zoning laws are meant to maintain
the small town atmosphere in Morro Bay. She expressed concern with this proposed
project stating it is too big and out of character with the neighborhood, the removal of
® one of the street trees is the home to a family of great homed owls, and it will cause
parking problems along King Street which is a very busy street.
John Barta announced the two initiatives that have been submitted and petitions are being
circulated for the primary election.
Colby Crotzer addressed Item A-2 (Status Report on Site Considerations for Off Leash
Dog Park) stating there should not be a connection between the dog park and the much
needed tennis courts.
Mayor Peters closed the hearing for public comment.
DECLARATION OF FUTURE AGENDA ITEMS
Councilmember Peirce requested to agendize the discussion on insurance requirements
for special events; Councilmember DeMeritt and Mayor Peters concurred. He also
requested to agendize Council review of City ballot initiative measures; Mayor Peters and
Councilmember Baxley concurred to place on next agenda.
Mayor Peters requested to agendize the discussion on spent fuel storage; Councilmember
DeMeritt and Councilmember Winholtz concurred. She also requested to place on the
next agenda the review of the selection process and meeting attendance requirements for
® advisory board members.
3
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — JANUARY 23, 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 REGULAR MEETING ON JANUARY 9,
2006; (ADMINISTRATION)
RECOMMENDATION: This item has been pulled from the agenda.
A-2 STATUS REPORT ON SITE CONSIDERATIONS FOR OFF LEASH DOG
PARK; (RECREATION & PARKS)
RECOMMENDATION: This is an informational report, and no action is
necessary.
A-3 ACCEPTANCE OF RESIGNATION FROM PLANNING COMMISSIONER;
(ADMINISTRATION)
® RECOMMENDATION: Receive and accept the letter of resignation.
A-4 PROCLAMATION ACKNOWLEDGING THE GRAND JURY;
(ADMINISTRATION)
C
RECOMMENDATION: Adopt Proclamation.
A-5 RESOLUTION NO.04-06 APPROVING ACCEPTANCE OF FINAL MAP FOR
APPROVED FIVE -LOT RESIDENTIAL DEVELOPMENT LOCATED AT 555
MAIN STREET; (PUBLIC SERVICES)
RECOMMENDATION: Adopt Resolution No. 04-06.
A-6 AUTHORIZATION FOR ATTENDANCE AT THE C-MANC ANNUAL
MEETING IN WASHINGTON DC; (HARBOR)
RECOMMENDATION: Approve authorization for a two -person delegation to
attend the C-MANC's Washington Week meetings.
0
MINUTES - MORRO BAY CITY COUNCIL
® REGULAR MEETING — JANUARY 23, 2006
A-7 RESOLUTION NO. 05-06 ADOPTING AGREEMENT REGARDING DEED
OF TRUST FOR LEASE SITE 89/89W, LOCATED AT 845 EMBARCADERO;
(HARBOR)
RECOMMENDATION: Adopt Resolution No. 05-06.
Councilmember Winholtz pulled Item A-2 from the Consent Calendar; Councilmember
DeMeritt pulled Items A-3 and A-6.
MOTION: Councilmember Peirce moved the City Council approve the Consent
Calendar with the exception of Items A-2, A-3 and A-6. The motion was
seconded by Councilmember Winholtz and carried unanimously. (5-0)
A-2 STATUS REPORT ON SITE CONSIDERATIONS FOR OFF LEASH DOG
PARK; (RECREATION & PARKS)
Councilmember Winholtz stated she would like this item to be rescheduled as an action
item in order to discuss locations for a permanent off -leash dog park, as well as a
temporary location in the mean time. -
® 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 ACCEPTANCE OF RESIGNATION FROM PLANNING COMMISSIONER;
(ADMINISTRATION)
Councilmember DeMeritt recognized Bernie Melvin and his service on the Planning
Commission. She also noted this position should be advertised and scheduled for
interviews. The City Council scheduled the interviews for February 23, 2006.
MOTION: Councilmember Peirce 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-6 AUTHORIZATION FOR ATTENDANCE AT THE C-MANC ANNUAL
MEETING IN WASHINGTON DC; (HARBOR)
Councilmember DeMeritt requested a breakdown of the costs for this meeting,
particularly the Golden State luncheon. Harbor Director Rick Algert responded the cost
for the Golden State luncheon is a requested donation from its members of $650; he
® noted last year's luncheon was attended by over 300 people and the lobbying efforts are
worthwhile.
5
MINUTES - MORRO BAY CITY COUNCIL
® REGULAR MEETING — JANUARY 23, 2006
MOTION: Councilmember Peirce 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 7:10 p.m.; the meeting resumed at 7:23 p.m.
B. PUBLIC HEARINGS. REPORTS & APPEARANCES
B-I APPEAL OF PLANNING COMMISSION DENIAL OF A 4-UNIT
SUBDIVISION PROPOSED AT 594 KINGS AVENUE; (PUBLIC SERVICES)
Senior Planner Mike Prater stated the proposed project would demolish an existing
residence and reconfigure the existing lot to create four new lots with single-family units
(i.e. community housing project). The Planning Commission based on the common open
space usability configuration denied the proposed project. The proposed project meets all
of the base district standards, including setbacks, lot coverage, height, and parking, as
well as meeting the additional standards, including fire safety, sound transmission,
insulation, utilities, storage, laundry, and open space based on the overall gross square
footage provided. Mr. Prater stated the project would further goals for orderly and
® harmonious development, would be an attractive addition to the neighborhood and
provide home ownership units to the City housing supply, and all of the required findings
could be made for project approval given the City's previous approvals for similar
common open space configurations. Mr. Prater recommended the City Council approve
the appeal and overturn the Planning Commission's decision to deny the project.
Garth Kornreich, agent for the applicant/appellant, stated the appellant is requesting an
appeal of the Planning Commission's denial of this project because it complies with the
CEQA guidelines and is subject to a Mitigated Negative Declaration that will be satisfied
with mitigations as part of the conditions of approval; the project complies with the
General Plan, Coastal Land Use Plan and all City Zoning requirements for density,
height, setbacks and open space for community housing projects. He said since the
project does comply with the City standards for open space for community housing
projects, the project would not be detrimental to the health, safety, morals, comfort and
general welfare of persons residing or working in the neighborhood.
Mayor Peters opened the hearing for public comment.
Dorothy Cutter stated the Planning Commission denied this project because they were
seeking exceptions for a community housing project on a substandard lot. She said the
revised plan has removed the one affordable housing unit that was previously in the plan.
Ms. Cutter stated the City Council should uphold the zoning laws and the Planning
® Commission denial of this project
ri
MINUTES - MORRO BAY CITY COUNCIL
® REGULAR MEETING — JANUARY 23, 2006
Roger Ewing expressed opposition to this project because it is too massive for this
neighborhood. He said Morro Bay is a small town and should not encourage
mansionization on substandard lots. Mr. Ewing stated traffic and parking on King Street
is already impacted.
Marieta Williams, applicant, stated she and her family have been a part of the community
for 40 years. She said the plan was to build four units, sell three and maintain the fourth
unit in the family. Ms. Williams requested the City Council's consideration in approving
this project.
Debbie Heiffel stated the Planning Commission requested a second opinion by an arborist
on the tree removal, which was not done. She said parking is already a problem on King
Street. Ms. Heiffel requested the City Council uphold the Planning Commission's denial
of this project.
Jerry Mullen expressed opposition to this project, and stated an arborist report should be
submitted on the pine tree prior to removal. He said this is not the right project for the
neighborhood.
® Mayor Peters closed the public comment hearing.
C� J
Councilmember DeMeritt stated there is no community aspect to this project. She said a
second arborist report is necessary. Councilmember DeMeritt stated the traffic and
parking on King Street is already impacted and there is not sufficient parking proposed
for a project of this size. She said this City needs work force and affordable housing.
Councilmember DeMeritt stated she supports upholding the Planning Commission
decision and deny this project.
Councilmember Peirce stated affordable housing would not be found in a beach
community unless it is subsidized, and work force housing would be ludicrous in price.
He said a property owner with a large lot is going to place a large home on it.
Councilmember Winholtz stated she appreciates the density of this project, and she
prefers the first proposal with five units. She said the bulk and scale of this proposal does
not work with the neighborhood. Councilmember Winholtz stated community housing
should be more reasonable. She said a second opinion is necessary prior to the removal
of the pine tree.
Councilmember Baxley stated he is concerned with this project being called community
housing when common open space is not being provided. He said he would like the
project to be reconfigured.
`/
MINUTES - MORRO BAY CITY COUNCIL
® REGULAR MEETING — JANUARY 23, 2006
Mayor Peters stated her concern with this project is the lack of parking. She said Council
should determine the definition of common open space. Mayor Peters stated she would
prefer this project provide smaller housing units.
Councilmember DeMeritt agrees with smaller units that would increase the community
open space.
MOTION: Councilmember Winholtz moved the City Council uphold the Planning
Commission's decision to deny the project. The motion was seconded by
Councilmember DeMeritt and failed with Councilmember Baxley,
Councilmember Peirce and Mayor Peters voting no. (2-3)
MOTION: Councilmember Winholtz moved the City Council continue this public
hearing and bring back the prior project.
The motion died for a lack of a second.
MOTION: Councilmember Baxley moved the City Council approve the appeal and
® overturn the Planning Commission's decision to deny the project; and,
request a second arbor report on the tree prior to removal. 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 9:05 p.m.; the meeting resumed at 9:15 p.m.
B-2 MID -YEAR BUDGET REVIEW; (FINANCE)
Finance Director Jim Koser stated there has been considerable dialogue in the community
and on the City Council over the past several months about the City's current financial
circumstances and the decline in General Fund Reserves. The purpose of the mid -year
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. Mr. Koser
recommended the City Council: 1) approve the proposed changes to the adopted budget
requested by the department directors; 2) hold a public hearing to get public input on the
mid -year budget issues; 3) receive input from the department directors regarding
questions Council may have on specific proposed budget items; and 4) direct that a City
Council resolution be presented at a subsequent meeting as a Consent Calendar item, to
authorize the staff to modify the budget, in accordance with the City Council's decisions
made at this meeting.
® Mayor Peters opened the hearing for public comment; there being no public comment,
Mayor Peters closed the public comment hearing.
9
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — JANUARY 23, 2006
Councilmember Winholtz stated she would like to separate the Harbor Fund from the
General Fund and vote on them separately.
MOTION: Councilmember Peirce moved the City Council direct staff to return with a
resolution as a Consent Calendar item authorizing staff to modify the
General Fund budget. The motion was seconded by Councilmember
Baxley and carried unanimously. (5-0)
MOTION: Councilmember Winholtz moved the City Council direct staff to return
with a resolution as a Consent Calendar item authorizing staff to modify
the Harbor Fund budget. The motion was seconded by Councilmember
Baxley and carried unanimously. (5-0)
C. UNFINISHED BUSINESS
C-1 CONSIDERATION OF MEMORANDUM OF UNDERSTANDING WITH SLO
GREEN BUILD TO PROVIDE GREEN BUILD PROGRAM AND
AUTHORIZE PAYMENT OF $2,000 TO GREEN BUILD; (CITY COUNCIL)
is This item was continued to the February 14, 2006 City Council meeting.
C-2 DISCUSSION OF ISSUES RELATED TO AFFORDABLE HOUSING; (CITY
COUNCIL)
This item was continued to the February 14, 2006 City Council meeting.
C-3 CONSIDER RECOMMENDATION FROM HARBOR ADVISORY BOARD
REGARDING ANNEXATION; (HARBOR)
This item was continued to the February 14, 2006 City Council meeting.
C-4 FURTHER DISCUSSION OF AGENDA FOR JOINT MEETING WITH
PLANNING COMMISSION; (CITY COUNCIL)
This item was continued to the February 14, 2006 City Council meeting.
0
MINUTES - MORRO BAY CITY COUNCIL
® REGULAR MEETING — JANUARY 23, 2006
D. NEW BUSINESS
D-1 CONSIDERATION OF HEADQUARTERS FIRE STATION APPARATUS
BAY REPLACEMENT PROJECT AND REPLACEMENT ALTERNATIVES
FOR ADMINISTRATIVE AND LIVING SPACE IN THE FIRE STATION,
INCLUDING ALTERNATIVE SCENARIOS, FINANCING AND
TEMPORARY ACCOMMODATION; (PUBLIC SERVICES)
Capital Projects Manager Bill Boucher stated staff has received a number of inquiries on
the Fire Department project, both for the apparatus bay replacement, and with the more
recent storm damage to the living quarters, the overall facility site redevelopment. The
purpose of this report is to bring the City Council up to date on the apparatus bay
replacement and to outline discussion points for the site's redevelopment. Mr. Boucher
recommended the City Council review this report and direct staff accordingly.
MOTION: Mayor Peters moved the City Council appropriate $300,000 for a capital
project to purchase and install a modular building, and direct staff to
report any increase in cost beyond the authorization to the City Council.
The motion was seconded by Councilmember Winholtz and carried
unanimously. (5-0)
® D-2 REVISIT THE USE OF NEW REVENUES POLICY AND ADD A SENSE OF
PRIORITIES; (CITY COUNCIL)
Councilmember DeMeritt requested this item at the October 10, 2005 City Council
meeting.
MOTION: Councilmember DeMeritt moved the City Council extend the current
revenue policy through the end of fiscal year 2006-2007. The motion was
seconded by Councilmember Winholtz and carried unanimously. (5-0)
D-3 CONSIDERATION OF PARTICIPATION IN CLEAN CITIES COALITION;
(CITY COUNCIL)
This item was continued to the February 14, 2006 City Council meeting.
ADJOURNMENT
The meeting adjourned at 11:00 p.m.
Recorded by:
is Bridgett uer
City Clerk
IU
® NOTICE OF SPECIAL MEETING
NOTICE IS HEREBY GIVEN that the Morro Bay City Council will
be holding Special Meetings on Wednesday, January 18, 2006 at 6:00
p.m. and Wednesday, January 25, 2006 at 6:00 p.m. to be held in the
Community Center Multi Purpose Room, 1001 Kennedy. Way, Morro Bay,
California.
On Wednesday, January 18, 2006, the City Council will be
conducting interviews to fill vacancies on the Public Works Advisory Board,
Recreation & Parks Commission, Harbor Advisory Board, and Community
Promotions Committee. On Wednesday, January 25, 2006, the City Council
will be conducting interviews to fill vacancies on the Mono Bay Power
® Plant Re -Use Ad -Hoc Committee.
DATED: January 13, 2006
"5A \-e)a,u.t A��
Bridgett Aluer, City Clerk
® MINUTES MORRO BAY CITY COUNCIL
SPECIAL MEETING — JANUARY 25, 2006
COMMUNITY CENTER MULTI PURPOSE ROOM - 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
City Manager
PUBLIC COMMENT
There was no public comment.
INTERVIEW OF APPLICANTS
The City Council interviewed the following applicants for the Morro Bay Power Plant
Re -Use Ad -Hoc Committee: John Meyers, Patti Dunton, Kenneth Haggard, William
® Newman, William Robinson, Michael Lucas, Susan Schultz, Julie Tacker, August
Phillips, Richard Sauerwein, Homer Alexander, and Larry Newland.
poweli rrkianr��:��i:li•m3:�;�y
MOTION: Councilmember Peirce moved the City Council appoint the twelve
applicants to the Morro Bay Power Plant Re -Use Ad -Hoc Committee.
The motion was seconded by Councilmember DeMeritt and carried
unanimously. (5-0)
ADJOURNMENT
The meeting adjourned at approximately 7:00 p.m.
D®
® MINUTES — MORRO BAY CITY COUNCIL
SPECIAL MEETING — JANUARY 18, 2006
COMMUNITY CENTER MULTI PURPOSE ROOM - 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
City Manager
PUBLIC COMMENT
There was no public comment.
INTERVIEW OF APPLICANTS
The City Council interviewed the following applicants for Recreation & Parks
Commission: Judy Mahan, Cal Nishinaka, Alex Beattie, and Jeff Hensley.
® The City Council interviewed the following applicants for Public Works Advisory Board:
Harold Tune, Roger Ewing and Noah Smukler.
The City Council interviewed the following applicants for Harbor Advisory Board: Mark
Lodge, Gene Doughty, Judy Mahan, George Boatenhamer, Judith Meissen and Nelson
Sullivan.
The City Council interviewed the following applicants for Community Promotions
Committee: Ed Biaggini, Ed Krovitz, Bill Stafford, Michele Kekaha, Heather Former,
and Anne Reeves.
Appointments were made by ballot.
APPOINTMENT OF MEMBERS
A. Recreation & Parks Commission (2 vacancies)
The following appointments were made: Judy Mahan (4-year term) and Jeff Hensley (4-
year term).
U
® B. Public Works Advisory Board (2 vacancies)
The following appointments were made: Noah Smukler (I-yearterm) and Roger Ewing
2-year term).
C. Harbor Advisory Board (2 vacancies)
The following appointments were made: Gene Doughty (4-year term) and Judith
Meissen (4-year term).
D. Community Promotions Committee (5 vacancies)
The following appointments were made: Ed Biaggini (I-yearterm), Anne Reeves (I -
year term), Ed Krovitz (4-year term), Bill Stafford (4-year term), and Heather Fortner (4-
year term).
ADJOURNMENT
The meeting adjourned at approximately 9:00 p.m.
11
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 — JANUARY 9, 2006
CLOSED SESSION — JANUARY 9, 2006
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.
CS-3
Discussions regarding Personnel Issues including one (1) public employee
regarding evaluation, specifically City Attorney.
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 San Jacinto Street and
SRl
Negotiating Parties: City and Keyoto-Mono Bay, Inc.
Negotiations: Sale Terms
IT IS NOTED THAT THE CONTENTS OF CLOSED SESSION MEETINGS
® ARE CONFIDENTIAL AND EXEMPT FROM DISCLOSURE.
® PUBLIC SESSION — JANUARY 9, 2006
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.
® 0 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 MINUTES FOR REGULAR MEETING ON DECEMBER 12,
2005; (ADMINISTRATION)
RECOMMENDATION: Approve as submitted.
A-2 ANNUAL APPROVAL OF INVESTMENT POLICY AND DELEGATION OF
AUTHORITY TO INVEST; (FINANCE)
RECOMMENDATION: Adopt Resolution 01-06.
A-3 INVESTMENT REPORTS FOR SEPTEMBER, OCTOBER, NOVEMBER
2005; (FINANCE)
RECOMMENDATION: Receive reports for information.
A-4 ADOPT RESOLUTION APPROVING INTERIM RATE ADJUSTMENT
APPLICATION AND ADJUSTING SOLID WASTE COLLECTION RATES;
(ADMINISTRATION)
® RECOMMENDATION: Adopt Resolution 03-06 approving Morro Bay Garbage
Service's Interim year Rate Adjustment Application and the resulting rate
schedule.
A-5 AWARD OF CONTRACT FOR EMERGENCY REPAIRS AND MINOR
UPGRADES TO THE CITY'S FUELING AND WASTE OIL FACILITIES;
(PUBLIC SERVICES)
RECOMMENDATION: Allocate $95,040 from the General Fund and award the
project contract to B&T Service Station Contractors.
A-6 PROCLAMATION IN RECOGNITION OF THE IOTH ANNIVERSARY OF
THE WINTER BIRD FESTIVAL; (COUNCIL)
RECOMMENDATION: Adopt Proclamation.
C�
® B. PUBLIC HEARINGS, REPORTS & APPEARANCES
B-I APPEAL OF A PLANNING COMMISSION DENIAL OF THREE
RESIDENCES PROPOSED ON EACH OF THE RESPECTIVE LOTS
LOCATED AT 217,219 & 221 MAIN STREET; (PUBLIC SERVICES)
RECOMMENDATION: Approve the appeal and overturn the Planning
Commission's decision to deny the project.
B-2 CONSIDERATION OF FORMATION OF UNDERGROUND UTILITY
DISTRICT NO. 7; (PUBLIC SERVICES)
RECOMMENDATION: Adopt Resolution 02-06 forming Underground District
No. 7 on Beach Street from West Street to Main Street and Main Street from
Dunes Street to Highway 1.
B-3 PUBLIC HEARING ON PARTIAL ONE-WAY CIRCULATION,
COMMERCIAL DELIVERY AND PARKING REGULATIONS ON
EMBARCADERO, AND UPDATE ON PARKING MANAGEMENT PLAN;
(PUBLIC SERVICES)
RECOMMENDATION: Receive public input on Circulation/Partial One -Way
Embarcadero portion of the plan and provide direction on the overall
® Parking Management Plan work program.
C. UNFINISHED BUSINESS
C-1 STATUS REPORT ON TRANSIENT OCCUPANCY TAX AUDITS;
(FINANCE)
RECOMMENDATION: Receive report for information.
C-2 CONTINUED DISCUSSION ON AFFORDABLE AND SUSTAINABLE
HOUSING; (COUNCIL)
RECOMMENDATION: Hold discussion and make recommendations to staff.
C-3 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;
(COUNCIL)
RECOMMENDATION: This item has been pulled from the agenda.
0
® D. NEW BUSINESS
D-1 REVIEW OF PROPOSED BUDGET CALENDAR; (FINANCE)
RECOMMENDATION: Receive report for information.
D-2 APPROVAL TO ENTER INTO BANKING SERVICES CONTRACT WITH
SANTA BARBARA BANK & TRUST; (FINANCE)
RECOMMENDATION: Move most major banking services to Santa Barbara
Bank & Trust from Mid -State Bank and Trust.
D-3 COUNCIL ORGANIZATION, APPOINTMENT OF VICE -MAYOR;
(ADMINISTRATION)
RECOMMENDATION: Appoint a Council Member to serve a one-year term
effective January 2006.
D4 CITY COUNCIL APPOINTMENTS TO VARIOUS BOARDS &
COMMITTEES; (ADMINISTRATION)
RECOMMENDATION: Appoint representatives to serve on the various boards
and committees.
® D-5 RECOMMENDATION FROM HARBOR ADVISORY BOARD REGARDING
ANNEXATION; (HARBOR)
RECOMMENDATION: This item has been pulled from the agenda.
D-6 CONSIDERATION OF FORMING CITY COUNCIL COMPENSATION
COMMITTEE; (ADMINISTRATION)
RECOMMENDATION: Review Council Policies & Procedures; consider Policy
2.6 and decide whether to form committee; direct staff accordingly.
D-7 DISCUSS AGENDA ITEMS FOR JOINT MEETING WITH PLANNING
COMMISSION; (COUNCIL)
RECOMMENDATION: Hold discussion and make agenda recommendations to
staff.
D-8 DISCUSS PROMOTION OF TOWN HALL MEETING ON JANUARY 31,
2006; (COUNCIL)
RECOMMENDATION: Hold discussion and make recommendations to staff.
Ll
® E. ADJOURNMENT
1
11
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.
n.
MINUTES - MORRO BAY CITY COUNCIL
CLOSED SESSION — JANUARY 9, 2006
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 Baxley moved the meeting be adjourned to Closed
Session. The motion was seconded by Councilmember Peirce 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 City Attorney.
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: One Acre Land at the Comer of San Jacinto Street and
SRI
Negotiating Parties: City and Keyoto-Morro Bay, Inc.
Negotiations: Sale Terms
The meeting adjourned to Closed Session at 5:00 p.m. and returned to regular session at
6:05 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 6:05 p.m.
® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — JANUARY 9, 2006
VETERANS MEMORIAL HALL - 6:10 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
Andrea Lueker
Robert Schultz
Bridgett Bauer
Rick Algert
Bruce Ambo
William Boucher
Janeen Burlingame
John DeRohan
Jim Koser
Mike Pond
Mike Prater
Joe Woods
City Manager
Assistant City Manager
City Attorney
City Clerk
Harbor Director
Public Services Director
Capital Project Manager
Management Analyst
Police Chief
Finance Director
Fire Chief
Senior Planner
Facilities Superintendent
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 there would be a Neighborhood Watch meeting on January 25`h,
and the topic will be "What To Do While Waiting For The Paramedics". He also
announced there would be a Community Personal Safety seminar on January 2P.
Keith Taylor, Friends of the Morro Bay Fire Department, addressed the statistics of the
Fire Department calls within the last two years.
Susan Heinemann addressed Item D-3 (Council Organization, Appointment of Vice -
Mayor) and suggested Councilmember DeMeritt be selected as Vice -Mayor.
® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — JANUARY 9, 2006
Wanda Durrick addressed Item A-4 (Resolution No. 03-06 Approving Interim Rate
Adjustment Application and Adjusting Solid Waste Collection Rates) and stated the
citizens are doing the best they can to decrease garbage waste and requested Council not
increase these rates.
Betty Forsythe reviewed the efforts made by Helping Hands around the community.
Susan Brown, General Manager of Morro Bay Dial -A -Ride, addressed the services
provided by Dial -A -Ride.
Mikel Robertson addressed Item C-2 (Continued Discussion on Affordable and
Sustainable Housing) and reviewed the SLO Green Build program.
David Nelson addressed Item D-6 (Consideration of Forming City Council Compensation
Committee) and stated he is opposed to additional compensation to the City Council until
the budget is under control. He also said the lot on Highway 1 and San Jacinto would be
a good location for affordable housing. Mr. Nelson stated the meeting times for the
® Mono Bay Power Plant Re -Use Ad -Hoc Committee for alternative power plant uses are
too restrictive. He also expressed concern with the buyers of the power plant.
Ray McKelligott addressed Item D-3 and suggested Councilmember DeMeritt be selected
as Vice -Mayor.
Tom Martin, Morro Bay Garbage Company, stated there is an insert in the new telephone
book regarding recycling. He said the garbage company has an on-line bill payment
service. Mr. Martin announced Clean -Up -Week is April 17 — 21 this year.
Paul Twedt, Jr. from AGP Video apologized that the stage monitor is not working.
Mayor Peters closed the hearing for public comment.
DECLARATION OF FUTURE AGENDA ITEMS
Councilmember Peirce requested to agendize the consideration of the Fire Department
Apparatus Bay Replacement Project and alternatives for administrative and living space
in the Fire Station; Councilmember Baxley and Councilmember Winholtz concurred.
Mayor Peters requested to agendize the consideration of participation in the Clean Cities
Coalition.
® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — JANUARY 9, 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 REGULAR MEETING ON DECEMBER 12,
2005; (ADMINISTRATION)
RECOMMENDATION: Approve as submitted.
A-2 RESOLUTION NO. 01-06 ADOPTING ANNUAL APPROVAL OF
INVESTMENT POLICY AND DELEGATION OF AUTHORITY TO INVEST;
(FINANCE)
RECOMMENDATION: Adopt Resolution 01-06.
A-3 INVESTMENT REPORTS FOR SEPTEMBER, OCTOBER, NOVEMBER
2005; (FINANCE)
® RECOMMENDATION: Receive reports for information.
A-4 RESOLUTION NO. 03-06 APPROVING INTERIM RATE ADJUSTMENT
APPLICATION AND ADJUSTING SOLID WASTE COLLECTION RATES;
(ADMINISTRATION)
RECOMMENDATION: Adopt Resolution 03-06 approving Morro Bay Garbage
Service's Interim year Rate Adjustment Application and the resulting rate
schedule.
A-5 AWARD OF CONTRACT FOR EMERGENCY REPAIRS AND MINOR
UPGRADES TO THE CITY'S FUELING AND WASTE OIL FACILITIES;
(PUBLIC SERVICES)
RECOMMENDATION: Allocate $95,040 from the General Fund and award the
project contract to B&T Service Station Contractors.
A-6 PROCLAMATION IN RECOGNITION OF THE 1 OTH ANNIVERSARY OF
THE WINTER BIRD FESTIVAL; (COUNCIL)
RECOMMENDATION: Adopt Proclamation.
a
® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — JANUARY 9, 2006
Councilmember Winholtz pulled Items A-2 and A-4 of the Consent Calendar;
Councilmember DeMeritt pulled Item A-5; and Mayor Peters pulled Item A-6.
MOTION: Councilmember Winholtz moved the City Council approve Items A-1 and
A-3 of the Consent Calendar. The motion was seconded by
Councilmember Peirce and carried unanimously. (5-0)
A-2 RESOLUTION NO. 01-06 ADOPTING ANNUAL APPROVAL OF
INVESTMENT POLICY AND DELEGATION OF AUTHORITY TO INVEST;
(FINANCE)
Councilmember Winholtz requested clarification on the State policy amendment
regarding City Council's fiduciary responsibilities. Finance Director Jim Koser stated the
State policy was amended because there is no longer a requirement that the City Council
receive periodic investment reports nor is the Council required to adopt and maintain an
investment policy. Mr. Koser recommended the City Council continue to adopt an
investment policy and receive the investment reports.
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-4 RESOLUTION NO. 03-06 APPROVING INTERIM RATE ADJUSTMENT
APPLICATION AND ADJUSTING SOLID WASTE COLLECTION RATES;
(ADMINISTRATION)
Councilmember Winholtz pulled this item for public information by explaining the rate
adjustment application.
MOTION: Councilmember Winholtz moved the City Council approve Item A-4 of
the Consent Calendar. The motion was seconded by Councilmember
Peirce and carried unanimously. (5-0)
A-5 AWARD OF CONTRACT FOR EMERGENCY REPAIRS AND MINOR
UPGRADES TO THE CITY'S FUELING AND WASTE OIL FACILITIES;
(PUBLIC SERVICES)
Councilmember Winholtz requested clarification on the contract for emergency repairs
and minor upgrades to the City's fuel and waste oil facilities. Maintenance Supervisor
David Phillips stated during the annual inspection and testing of the City's fuel and waste
oil tank it was discovered that some portions of the secondary containment facilities did
not pass the required tests, and because of this, the Department of Health Services placed
® the City on notice that it is not in compliance.
5
MINUTES - MORRO BAY CITY COUNCIL
® REGULAR MEETING — JANUARY 9, 2006
MOTION: Councilmember Winholtz moved the City Council approve Item A-5 of
the Consent Calendar. The motion was seconded by Councilmember
DeMeritt and carved unanimously. (5-0)
A-6 PROCLAMATION IN RECOGNITION OF THE 10TH ANNIVERSARY OF
THE WINTER BIRD FESTIVAL; (COUNCIL)
Mayor Peters pulled this item in order to present the proclamation to representatives of
the Winter Bird Festival.
MOTION: Councilmember Peirce moved the City Council approve Item A-6 of the
Consent Calendar. The motion was seconded by Councilmember
Winholtz and carried unanimously. (5-0)
Mayor Peters called for a break at 7:10 p.m.; the meeting resumed at 7:15 p.m.
B. PUBLIC HEARINGS. REPORTS & APPEARANCES
® B-1 APPEAL OF A PLANNING COMMISSION DENIAL OF THREE
RESIDENCES PROPOSED ON EACH OF THE RESPECTIVE LOTS
LOCATED AT 217,219 & 221 MAIN STREET; (PUBLIC SERVICES)
Senior Planner Mike Prater stated the current proposed project involves construction of
three new single-family residences on three legal and distinct lots. One of the lots will
require the demolition of an existing non -conforming residence; the other two lots have
already been cleared. Because many of the elements were granted approval by the
former Planning Commission in October 2004, the current Planning Commission only
needed to approve the architecture and determine if the conditions were satisfied as they
related to adhering to view corridors, building within established envelops, and
maintaining height limitations. Mr. Prater stated staff found the project generally
complies with zoning and conditions of approval. He recommended the City Council
approve the appeal and overturn the Planning Commission decision to deny the project.
Bob Crizer, agent for applicantstappellants, reviewed specifics of the project, and stated
the reason for this appeal is due to the fact that the applicant believes there was a
misunderstanding in the specifications listed in the Mitigated Negative Declaration with
regards to the variances and public benefits.
Mayor Peters opened the hearing for public comment.
E
M
® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — JANUARY 9, 2006
Bill Martony stated he supports the present design of this project but would prefer less
density. He said he has concern with the proposed parking for this project. Mr. Martony
suggested a couple of the original structures be used for public benefit.
Dorothy Cutter stated view corridors were included in the plan when the previous
Planning Commission reviewed this project. She said the present plan does not provide
view corridors, and parking will be a problem.
Tom Rosebach expressed concern with the bulk and scale of this proposed project. He
shared pictures of the surrounding area on Main Street.
Jerry Coakley expressed concern with the sewer connections leading to this site. He said
he does like this project but has questions regarding the requirement of view corridors for
future projects.
Nelson Sullivan stated he does not like the size of this project for this area. He referred
to a special parking easement that is connected to the windmill house across the street of
this project.
® Mayor Peters closed the public comment hearing.
Councilmember DeMeritt stated she would like to respect the decision of the current
Planning Commission. She expressed concern with the proposed view corridors and
tandem parking.
Councilmember Winholtz expressed concern with the excavation of all three lots for this
proposed project. She said the bulk and scale of this project does not match the character
of the surrounding neighborhood. Councilmember Winholtz stated she also has concern
with the proposed tandem parking.
Councilmember Baxley stated the proposed project has a lot line adjustment that has been
approved and is in affect. He said this project meets the criteria, and he is in support of
stalls recommendation to approve this project.
Councilmember Peirce stated the Planning Commission findings do not mention tandem
garages, or any of the issues brought up by Council. He said he sees no reason for this
project to provide a public benefit because it is not required; however, he does have
concern with the tandem parking.
El
® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — JANUARY 9, 2006
Mayor Peters stated she has concern with the tandem parking. She said there is nothing
the City can do if a project is built within the legal requirements.
MOTION: Councilmember DeMeritt moved the City Council uphold the Planning
Commission's decision and deny the appeal. The motion was seconded by
Councilmember Winholtz and carried with Councilmember Baxley and
Councilmember Peirce voting no. (3-2)
Mayor Peters called for a break at 9:00 p.m.; the meeting resumed at 9:15 p.m.
B-2 RESOLUTION NO.02-06 FORMING UNDERGROUND UTILITY DISTRICT
NO. 7; (PUBLIC SERVICES)
Capital Projects Manager Bill Boucher stated the Public Works Advisory Board
considered this matter and recommended that Beach Street between West Street and
Main Street and Main Street from Dunes Street and Highway 1 be undergrounded in part
because the general public would benefit from views resulting from the removal of the
overhead utilities. Mr. Boucher recommended the City Council hear public input on this
® matter and, after consideration, determine it to be the interest of public necessity, health
and welfare that the removal of poles, overhead wires and associated structures and the
installation of underground wires and facilities for supplying electric, communication,
and similar or associated services within the proposed area be required and form
Underground Utility District No. 7 on Beach Street from West Street to Main Street from
Dunes Street to Highway 1 by adoption of Resolution No. 02-06.
CJ
Mayor Peters opened the hearing for public comment.
Andy Hamp stated there are quite a few electrical drops, which could be costly for his
business. He said it would be nice if the whole block would be incorporated into this
utility district.
Mayor Peters closed the public comment hearing.
MOTION: Councilmember Peirce moved the City Council adopt Resolution No. 02-06
forming Underground Utility District No. 7 on Beach Street from West
Street to Main Street from Dunes Street to Highway 1. The motion was
seconded by Councilmember DeMeritt and carried unanimously. (5-0)
8
® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — JANUARY 9, 2006
0
B-3 PUBLIC HEARING ON PARTIAL ONE-WAY CIRCULATION,
COMMERCIAL DELIVERY AND PARKING REGULATIONS ON
EMBARCADERO, AND UPDATE ON PARKING MANAGEMENT PLAN;
(PUBLIC SERVICES)
Public Services Director Bruce Ambo stated on October 10, 2005, the City Council
considered a four-part work program that involved: 1) one-way circulation on the
Embarcadero; 2) delivery and loading options; 3) development of a Parking Management
Plan; and, 4) updated parking regulations in the new Zoning Ordinance. Council directed
that staff return with a proposal to reroute the circulation on portions of the Embarcadero
is opened and that the update on the remaining components of the overall Parking
Management Plan be received. Mr. Ambo recommended the City Council take public
input on circulation/partial one-way Embarcadero portion of the plan; and receive the
update and/or provide direction on the remaining components of the overall Parking
Management Plan work program.
Mayor Peters opened the hearing for public comment.
The following people expressed opposition to changing the circulation of traffic on the
is Embarcadero to one-way: Stan Van Beurden, Shaun Farmer, Dean Tyler, David Ross,
and Rodger Anderson.
Mayor Peters closed the public comment hearing.
Councilmember Peirce stated there are many residents of Morro Bay who will not go
down to the Embarcadero during the summer mostly due to the lack of parking.
Councilmember DeMeritt stated the Embarcadero should be more pedestrian friendly.
She said she supports improvements to the Embarcadero that would include wider
sidewalks and bulb -outs where people can gather.
Councilmember Baxley stated Council should request staff to return with an update on
the Parking Management Plan.
Councilmember Winholtz suggested approving a trial period with one-way traffic on the
Embarcadero.
Mayor Peters encouraged the various business owners meet sometime with Council on
enhancing business in the City. She suggested bringing this back when discussing the
Parking Management Plan; Council concurred.
® No further action was taken on this item.
9
® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — JANUARY 9, 2006
C. UNFINISHED BUSINESS
C-I STATUS REPORT ON TRANSIENT OCCUPANCY TAX AUDITS;
(FINANCE)
Finance Director Jim Koser stated this report is intended to advise the City Council of the
financial outcomes of the audits and the general nature of the audits' findings to date. All
audits have been completed with the exception of one Mobilehome park operator who
has not cooperated in providing financial information to the auditor. All remaining
operators have complied with the audit requirements contained in the City's municipal
code. Mr. Koser recommended the City Council receive this report for information and
file.
MOTION: Councilmember Winholtz moved the City Council accept the status report
on transient occupancy tax audits. The motion was seconded by
Councilmember Peirce and carried unanimously. (5-0)
® C-2 CONTINUED DISCUSSION ON AFFORDABLE AND SUSTAINABLE
HOUSING; (COUNCIL)
0
This item was continued to the January 23, 2006 City Council meeting.
C-3 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;
(COUNCIL)
This item was pulled from the agenda-
D. NEW BUSINESS
D-1 REVIEW OF PROPOSED BUDGET CALENDAR; (FINANCE)
Finance Director Jim Koser stated this report is intended to advise the City Council, staff
and the public of the proposed calendar for preparing and reviewed the fiscal year 2006-
2007 budget. . Mr. Koser recommended the City Council note the key dates in their
calendars and accept the report by motion.
10
® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — JANUARY 9, 2006
MOTION: Councilmember Winholtz moved the City Council approve the proposed
budget calendar. The motion was seconded by Councilmember Baxley
and carried unanimously. (5-0)
D-2 APPROVAL TO ENTER INTO BANKING SERVICES CONTRACT WITH
SANTA BARBARA BANK & TRUST; (FINANCE)
Finance Director Jim Koser stated the City of Morro Bay has been using Mid -State Bank
& Trust for the past dozen years. In recent times, Mid -State Bank has offered some new
services but has also dropped services such as business credit card management and the
ability to wire funds to another institution under certain conditions. In addition, it is
difficult to obtain timely statements on a regular basis. The branch's staff is friendly and
helpful but seems to be less able to advocate for our benefit in these areas. In other
words, the City may not fit well into the changing circumstances and strategies of the
evolving bank management direction. Both Bank of America and Santa Barbara Bank &
Trust have recently approached the City to solicit our business. We sought proposals
from both banks to compare with our current banking services. Based upon the Santa
Barbara Bank & Trust's proposal, their experience with other larger Central Coast Cities,
® including the City of Santa Barbara, and the depth and range of banking services and the
personnel to be assigned to the Morro Bay account we believe it is in the City's best
interest to retain an account and relationship with Mid -State Bank & Trust, but move
most of our banking services to Santa Barbara Bank & Trust. Mr. Koser recommended
the City Council approve by motion that the City of Morro Bay move most major
banking services to Santa Barbara Bank &Trust from the current institution, Mid -State
Bank and Trust.
MOTION: Mayor Peters moved the City Council direct staff to investigate the
services of local banks, and report back to the City Council. The motion
was seconded by Councilmember Baxley and carried unanimously. (5-0)
D-3 COUNCIL ORGANIZATION, APPOINTMENT OF VICE -MAYOR;
(ADMINISTRATION)
Councilmember Peirce nominated Councilmember Baxley; Councilmember Winholtz
nominated Councilmember DeMeritt; Mayor Peters nominated Councilmember Baxley.
MOTION: Councilmember Peirce moved the City Council appoint Councilmember
Baxley as Vice -Mayor for a one-year term. The motion was seconded by
Mayor Peters and carried with Councilmember DeMeritt and
Councilmember Winholtz voting no. (3-2)
C
• MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — JANUARY 9, 2006
D4 CITY COUNCIL APPOINTMENTS TO VARIOUS BOARDS &
COMMITTEES; (ADMINISTRATION)
The City Council agreed to maintain their positions on the various discretionary boards
and committees. Councilmember Winholtz made corrections to some of the listed
board/committee titles.
MOTION: Councilmember Peirce moved the City Council approve the appointments
to the various Discretionary Boards and Committees. The motion was
seconded by Councilmember Winholtz and carried unanimously. (5-0)
D-5 RECOMMENDATION FROM HARBOR ADVISORY BOARD REGARDING
ANNEXATION; (HARBOR)
This item was pulled from the agenda.
D-6 CONSIDERATION OF FORMING CITY COUNCIL COMPENSATION
COMMITTEE; (ADMINISTRATION)
® City Manager Robert Hendrix stated the City Council Policies and Procedures indicate
that a Council Compensation Committee should be formed by January 31 of each even -
numbered year. The policy sections specify the makeup of the Committee and call for
the Committee to study Council compensation and bring a resolution with
recommendations back for the consideration of the City Council within 90 days. Mr.
Hendrix stated the City Council might form the Committee, provide staff information on
the desired composition of the Committee, or provide other direction to staff as desired.
MOTION: Councilmember Peirce moved the City Council deny the formation of a
City Council Compensation Committee. The motion was seconded by
Councilmember DeMeritt and carried unanimously. (5-0)
D-7 DISCUSS AGENDA ITEMS FOR JOINT MEETING WITH PLANNING
COMMISSION; (COUNCIL)
This item was continued to the January 23, 2006 City Council meeting.
D-8 DISCUSS PROMOTION OF TOWN HALL MEETING ON JANUARY 30.
2006; (COUNCIL)
Mayor Peters stated she would design a flyer to promote the Town Hall Meeting.
® No further action was taken on this item.
12
® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — JANUARY 9, 2006
ADJOURNMENT
The meeting adjourned at 11:01 p.m.
Recorded by:
Bridgett Bauer
City Clerk
E
13