HomeMy WebLinkAboutJanuary - December41
0 City of Morro Bay
Meru Bay, CA 93442
(805) 772-6200
CITY OF MORRO BAY
CITY COUNCIL
NOTICE OF CANCELED MEETING
THE REGULAR CITY COUNCIL MEETING
SCHEDULED FOR
MONDAY, DECEMBER 22, 2008
HAS BEEN CANCELED
The next regularly scheduled meeting will be held on
Monday, January 12, 20099 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 Bav Boulevard
PUBLIC SERVICES
955 Shasta Avenue
RECREATION & PARKS
1001 Kennedv Wav
® 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 8, 2008
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 AUTHORIZATION TO EXECUTE NEW LEASE AGREEMENT FOR LEASE
SITE 67/67W LOCATED AT 575 EMBARCADERO - VIOLE FAMILY LLC;
(HARBOR)
RECOMMENDATION: Adopt Resolution 80-08 authorizing the Mayor to
execute a new lease agreement for Lease Site 67/67W.
A-2 AUTHORIZATION TO EXECUTE NEW LEASE AGREEMENT FOR LEASE
SITE 68/68W LOCATED AT 591 EMBARCADERO — HELD FAMILY
TRUST; (HARBOR)
RECOMMENDATION: Adopt Resolution 81-08 authorizing the Mayor to
is execute a new leave agreement for Lease Site 68/68W.
El
A-3 AUTHORIZATION TO FILL RECREATION & PARKS DEPARTMENT
MAINTENANCE II POSITION; (RECREATION & PARKS)
RECOMMENDATION: Authorize staff to fill the Recreation & Parks
Department Maintenance II vacancy.
A-4 AUTHORIZATION TO FILL RECREATION AND PARKS DEPARTMENT
MAINTENANCE SUPERINTENDENT POSITION; (RECREATION & PARKS)
RECOMMENDATION: Authorize staff to fill the Recreation & Parks
Department Maintenance Superintendent vacancy.
A-5 APPROVAL OF LETTER TO SAN LUIS OBISPO COUNCIL OF
GOVERNMENTS SUPPORTING CITY REQUEST TO AMEND RURAL
TRANSIT FUND GRANT PROJECT FROM CAPITAL TO OPERATING
ASSISTANCE FOR MORRO BAY DIAL -A -RIDE; (PUBLIC SERVICES)
RECOMMENDATION: Approve letter of support and direct Mayor to deliver
the letter to the members of the SLOCOG Board at their December 17, 2008
meeting.
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A-6 CONTINUATION OF EMERGENCY PER PUBLIC CONTRACT CODE
SECTION 22050 FOR THE INSTALLATION OF ENERGY RECOVERY
® EQUIPMENT; (PUBLIC SERVICES)
RECOMMENDATION: Determine the necessity to continue the emergency per
Public Contract Code 22050 for the installation of desalination plant energy
recovery equipment.
A-7 PROCLAMATION DECLARING FRIDAY, DECEMBER 26, 2008 AS A CITY
HOLIDAY; (ADMINISTRATION)
RECOMMENDATION: Adopt Proclamation.
B. PUBLIC HEARINGS, REPORTS & APPEARANCES
B-1 CITY OF MORRO BAY WATER MANAGEMENT PLAN STATUS REPORT
2008; (PUBLIC SERVICES)
RECOMMENDATION: Review and adopt Water Management Plan Status
Report.
C. UNFINISHED BUSINESS
C-1 BUDGET AMENDMENT TO APPROPRIATE HARBOR FUNDS FOR
® COMPLETION OF HARBOR DEPARTMENT MODULAR OFFICE
PROJECT; (HARBOR)
RECOMMENDATION: Authorize budget amendment to FY08-09 budget to
transfer $235,000 from the Harbor Accumulation Fund to Harbor Capital
Improvement Fund and authorize staff to release bids for a replacement
modular office and demolition/site work to complete this project in this fiscal
year.
C-2 STATUS OF URGENCY INTERIM ORDINANCE PROHIBITING THE
ESTAABLISHMENT OF MEDICAL MARIJUANA DISPENSARIES; (CITY
ATTORNEY)
RECOMMENDATION: City Council ban medical marijuana dispensaries until
such time as the tension between State and Federal law is resolved.
D. NEW BUSINESS
D-I APPOINTMENT OF VICE -MAYOR TO SERVE A ONE-YEAR TERM;
(ADMINISTRATION)
RECOMMENDATION: Appoint a Vice -Mayor to serve a one-year term effective
® January 2009.
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D-2 APPROVAL OF THE CITY COUNCIL ANNUAL MEETING SCHEDULE -
® 2009; (ADMINISTRATION)
RECOMMENDATION: City Council adopt the proposed meeting schedule for
calendar year 2009.
D-3 APPOINTMENT OF REPRESENTATIVES ON DISCRETIONARY BOARDS;
(ADMINISTRATION)
RECOMMENDATION: Discuss and appoint or re -appoint representatives to
serve on the various boards and committees.
D-4 SET DATE FOR INTERVIEWS OF COMMISSIONER/ADVISORY BOARD
VACANCIES AND DISCUSSION REGARDING FREQUENCY OF MEETINGS,
NUMBER OF MEMBERS AND POTENTIAL NEW REPRESENTATION
CATEGORIES; (ADMINISTRATION)
RECOMMENDATION: Advise staff on advertising efforts to fill vacancies on
City's Boards, Commissions, and Committees as well as schedule a date and
time to interview applicants. Staff further recommends City Council discuss
frequency of meetings, cancellation policy on meetings, number of Board and
Commission members and representation categories; refer these items to the
Boards and Commissions for their input and then return to the City Council
with those recommendations.
® 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.
MATERIALS RELATED TO AN ITEM ON THIS AGENDA SUBMITTED TO
THE CITY COUNCIL AFTER DISTRIBUTION OF THE AGENDA PACKET
ARE AVAILABLE FOR PUBLIC INSPECTION AT CITY HALL LOCATED AT
595 HARBOR STREET; MORRO BAY LIBRARY LOCATED AT 625 HARBOR
STREET; AND MILL'S COPY CENTER LOCATED AT 495 MORRO BAY
BOULEVARD DURING NORMAL BUSINESS HOURS.
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
ARRAN'G=tTS CAN BE MADE TO PROVIDE ACCESSIBILITY TO THE
MEETING.
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® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — DECEMBER 8, 2008
VETERANS MEMORIAL HALL
Mayor Peters called the meeting to order at 7:00 p.m
PRESENT: Janice Peters
Mayor
Carla Borchard
Councilmember
Rick Grantham
Councilmember
Noah Smukler
Councilmember
Betty Winholtz
Councilmember
STAFF: Andrea Lueker
Robert Schultz
Bridgett Bauer
Rick Algert
Bruce Ambo
Janeen Burlingame
John DeRohan
Mike Pond
Dylan Wade
Joe Woods
City Manager
City Attorney
City Clerk
Harbor Director
Public Services Director
Management Analyst
Police Chief
Fire Chief
Utilities/Capital Projects Manager
Recreation & Parks Director
® ESTABLISH QUORUM AND CALL TO ORDER
MAYOR AND COUNCIL MEMBERS REPORTS, ANNOUNCEMENTS &
PRESENTATIONS
CLOSED SESSION REPORT — There was no Closed Session meeting.
PUBLIC COMMENT
Peter Candela reviewed the monthly statistics for the Visitors Center. He also announced
the Chamber is sponsoring a New Years Eve Party filled with fun events.
Keith Taylor stated the Grand • Opening of the Fire Station Apparatus Bay was a
successful event.
John Barta welcomed the new Councilmembers and thanked Councilmember Peirce for
his efforts.
George Leage congratulated the voters in Morro Bay who participated in the largest voter
turnout in the County. He also thanked those who supported him during the campaign
season. Mr. Leage stated the City Council should take a serious look at the economics of
the City.
Erica Murphy invited the community to the Morro Heights a Annual Luminaries display
® on Saturday, December 13'h.
® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — DECEMBER 8, 2008
Claire Grantham thanked those who assisted with the Annual Thanksgiving Dinner. She
also recognized Officer Richard Hannibal who delivered dinners to the homeless in
Morro Bay.
Geri Walsh announced the P Annual Needs and Wishes Holiday Fundraiser in support
of the Maxine Lewis Memorial Shelter for the Homeless would be held on Saturday,
December 13's.
Richard Morgeson reviewed the number of people who use the Prado Day Center and
homeless shelters in the County. He encouraged participation in the Needs and Wishes
Holiday Fundraiser.
Mayor Peters closed the hearing for public comment.
A. CONSENT CALENDAR
Unless an item is pulled for separate action by the City Council, the following actions are
approved without discussion.
® AA AUTHORIZATION TO EXECUTE NEW LEASE AGREEMENT FOR LEASE
SITE 67/67W LOCATED AT 575 EMBARCADERO - VIOLE FAMILY LLC;
(HARBOR)
RECOMMENDATION: Adopt Resolution 80-08 authorizing the Mayor to
execute a new lease agreement for Lease Site 67/67W.
A-2 AUTHORIZATION TO EXECUTE NEW LEASE AGREEMENT FOR LEASE
SITE 68/68W LOCATED AT 591 EMBARCADERO — HELD FAMILY
TRUST; (HARBOR)
RECOMMENDATION: Adopt Resolution 81-08 authorizing the Mayor to
execute a new leave agreement for Lease Site 68/68W.
A-3 AUTHORIZATION TO FILL RECREATION & PARKS DEPARTMENT
MAINTENANCE II POSITION; (RECREATION & PARKS)
RECOMMENDATION: Authorize staff to fill the Recreation & Parks
Department Maintenance H vacancy.
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® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — DECEMBER 8, 2008
A4 AUTHORIZATION TO FILL RECREATION AND PARKS DEPARTMENT
MAINTENANCE SUPERINTENDENT POSITION; (RECREATION & PARKS)
RECOMMENDATION: Authorize staff to fill the Recreation & Parks
Department Maintenance Superintendent vacancy.
A-5 APPROVAL OF LETTER TO SAN LUIS OBISPO COUNCIL OF
GOVERNMENTS SUPPORTING CITY REQUEST TO AMEND RURAL
TRANSIT FUND GRANT PROJECT FROM CAPITAL TO OPERATING
ASSISTANCE FOR MORRO BAY DIAL -A -RIDE; (PUBLIC SERVICES)
RECOMMENDATION: Approve letter of support and direct Mayor to deliver
the letter to the members of the SLOCOG Board at their December 17, 2008
meeting.
A-6 CONTINUATION OF EMERGENCY PER PUBLIC CONTRACT CODE
SECTION 22050 FOR THE INSTALLATION OF ENERGY RECOVERY
EQUIPMENT; (PUBLIC SERVICES)
® RECOMMENDATION: Determine the necessity to continue the emergency per
Public Contract Code 22050 for the installation of desalination plant energy
recovery equipment.
A-7 PROCLAMATION DECLARING FRIDAY, DECEMBER 26, 2008 AS A CITY
HOLIDAY; (ADMINISTRATION)
RECOMMENDATION: Adopt Proclamation.
Councilmember Winholtz pulled Items A-1 and A-2 of the Consent Calendar.
MOTION: Councilmember Grantham moved the City Council approve the Consent
Calendar with the exception of Items A-1 and A-2. The motion was
seconded by Councilmember Winholtz and carried unanimously. (5-0)
A-1 AUTHORIZATION TO EXECUTE NEW LEASE AGREEMENT FOR LEASE
SITE 67/67W LOCATED AT 575 EMBARCADERO - VIOLE FAMILY LLC;
(HARBOR)
A-2 AUTHORIZATION TO EXECUTE NEW LEASE AGREEMENT FOR LEASE
SITE 68/68W LOCATED AT 591 EMBARCADERO — HELD FAMILY
.TRUST; (HARBOR)
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® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — DECEMBER 8, 2008
Councilmember Winholtz stated she would like the rent to be reduced during construction
and then readjust the base rate at the new Consumer Price Index.
MOTION: Mayor Peters moved the City Council approve Items A-1 and A-2 of the
Consent Calendar. The motion was seconded by Councilmember
Grantham and carried with Councilmember Winholtz voting no. (4-1)
B. PUBLIC HEARINGS. REPORTS & APPEARANCES
B-1 CITY OF MORRO BAY WATER MANAGEMENT PLAN STATUS REPORT
2008; (PUBLIC SERVICES)
Utilities/Capital Projects Manager Dylan Wade stated the Water Management Plan is the
policy document that guides the allocation of the City's water resources. The Water
Management Plan was originally adopted by the City Council on February 28, 1994 by
adoption of Resolution No. 07-94, and certified as an amendment to the City's Local
Coastal Plan by the California Coastal Commission. Periodic review of this portion of
the City's Local Coastal Plan is required, and Mr. Wade recommended the City Council
review the Water Management Plan and adopts the 2008 Water Management Plan Status
® Report.
Mayor Peters opened the hearing for public comment; there were no comments and Mayor
Peters closed the public comment hearing.
Councilmember Winholtz stated she would like the categories listed in the status report to
be reordered, noting conservation should be a high priority. She said she would like to
add the term "peaking" in Measures 7 and 9. Councilmember Winholtz stated it should
be noted the City relies primarily on State Water, and conservation should be placed
before reclamation.
Councilmember Grantham addressed the cost of reclamation and tertiary treatment
stating it is important to utilize purple pipe in the future. He said he is encouraged that
mitigation is going to be pursued with the City's groundwater source because the
desalination plant is a high-energy process which should not be used unless necessary.
Noah Smukler expressed concern that the water portfolio is dependent on State Water.
He said it is important to continue frequent reviews of the City's water supply portfolio
and the Water Management Plan. Councilmember Smukler stated an update to the
conservation element should include new water efficiency opportunities and low impact
development techniques. He said the City should utilize its relationship with SLO Green
Build and the National Estuary Program to enhance public education. Councilmember
® Smukler stated the groundwater supply should be a priority and the City should work
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® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — DECEMBER 8, 2008
aggressively to develop water reclamation element to the Wastewater Treatment Plant
upgrade that includes a short-term access point for reclaimed water to load water delivery
trucks. He said the City should also consider biological treatment and reuse of reclaimed
water through a constructed wetland system.
Councilmember Borchard stated all of her questions have been answered.
MOTION: Councilmember Winholtz moved the City Council adopt the 2008 Water
Management Plan Status Report with changes to the priorities listed as
follows: 1) State Water; 2) conservation; 3) groundwater; 4) desalination;
and 5) reclamation. The motion was seconded by Noah Smukler.
Noah Smukler stated he would rather place groundwater as a priority over State Water.
VOTE: The motion failed with Councilmember Borchard,
Councilmember Grantham, Councilmember Smukler and
Mayor Peters voting no. (14)
MOTION: Councilmember Grantham moved the City Council adopt the 2008 Water
® Management Plan Status Report. The motion was seconded by Mayor
Peters and carried with Councilmember Smukler and Councilmember
Winholtz voting no. (3-2)
C. UNFINISHED BUSINESS
C-1 BUDGET AMENDMENT TO APPROPRIATE HARBOR FUNDS FOR
COMPLETION OF HARBOR DEPARTMENT MODULAR OFFICE
PROJECT; (HARBOR)
This item was pulled from the agenda.
C-2 STATUS OF URGENCY INTERIM ORDINANCE PROHIBITING THE
ESTABLISHMENT OF MEDICAL MARIJUANA DISPENSARIES; (CITY
ATTORNEY)
City Attorney Robert Schultz stated in 1996 California voters enacted Proposition 215,
the Compassionate Use Act, which protects qualified patients and their primary
caregivers from prosecution under California laws for possession or cultivation of
marijuana to treat serious illness pursuant to a doctor's recommendation. In 2003; the
state legislature enacted implementing legislation to allow qualified patients and
caregivers to obtain identification cards that insulate them from arrest for cultivation
® and/or use of marijuana for authorized medical purposes. Although not expressly
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® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — DECEMBER 8, 2008
authorized under these laws, some people used this legal backdrop to set up medical
marijuana dispensaries where qualified patients and caregivers could purchase marijuana
for medical use. Under federal law, marijuana has no currently accepted medical use and
the cultivation, possession, or distribution of marijuana is prohibited. Congress has not
changed this prohibition despite the passage of medical marijuana laws in a number of
states. The ongoing conflict between federal and state law on this subject has created a
dilemma for local governments and their law enforcement agencies, particularly with
regard to medical marijuana dispensaries. The City's moratorium will expire January 1,
2009, and under state law, it may not be continued beyond that date. It is the
recommendation of the City Attorney's office that the City Council ban medical
marijuana dispensaries until such time as the tension between state and federal law is
resolved.
MOTION: Mayor Peters moved the City Council instruct the City Attorney to prepare
an ordinance that would eliminate the possibility of storefront medical
marijuana sales in the City. The motion was seconded by Councilmember
Grantham and carried with Councilmember Winholtz voting no. (4-1)
D. NEW BUSINESS
® D-1 APPOINTMENT OF VICE -MAYOR TO SERVE A ONE-YEAR TERM;
(ADMINISTRATION)
A,
MOTION: Mayor Peters moved the City Council appoint Councilmember Winholtz
as Vice -Mayor to serve a one-year term. The motion was seconded by
Councilmember Borchard and carried unanimously. (5-0)
D-2 APPROVAL OF THE CITY COUNCIL ANNUAL MEETING SCHEDULE -
2009; (ADMINISTRATION)
City Manager Andrea Lueker suggested the following meeting schedule for 2009:
1) The regular meeting dates are the second and fourth Monday of each month
with the exception of July 27a', November 23rd, and December 28 h, which are
traditionally cancelled.
2) In the event the 2°d and 4'h Monday falls on a recognized City holiday (May
25d'), the meeting will be held on the following Tuesday.
3) Approve March 30d' and November 30`s (fifth Mondays) as the dates for joint
City Council/Planning Commission meetings. Due to the proximity of the
November 30t° date to Thanksgiviy and the lack of other 5 s Mondays, the
Council may want to consider the 3 Monday for this meeting.
4) Review potential dates for Joint Wastewater Treatment Plant meetings.
N.
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — DECEMBER 8, 2008
Councilmember Winholtz suggested not canceling the July 27, 2009 City Council
meeting. She also asked if the second joint meeting with the Planning Commission
should be held in August instead of November 30'h, which is close to Thanksgiving.
MOTION: Councilmember Grantham moved the City Council approve the meeting
schedule for 2009 as proposed by the City Manager. The motion was
seconded by Councilmember Borchard and carried unanimously. (5-0)
D-3 APPOINTMENT OF REPRESENTATIVES ON DISCRETIONARY BOARDS;
(ADMINISTRATION)
Based on City Council Policies and Procedures, annually the Mayor shall make
appointments to a variety of Council and/or regional committees and boards. One
member of the council shall serve as a voting representative and one member shall serve
as alternate. To the best of their ability, voting delegates shall reflect the majority view
of the Council as a whole, rather than their own personal opinions. Mayor Peters
suggested the following appointments:
COUNCIL SUBCOMMITTEE ON EMPLOYEE GRIEVANCES
® Janice Peters Member
Carla Borchard Member
INTEGRATED WASTE MANAGEMENT AUTHORITY
Carla Borchard Designee
Noah Smuckler Alternate
COUNTY WATER RESOURCES ADVISORY COMMITTEE
Betty Winholtz Delegate
City Manager (or her designee) Alternate
SAN LUIS OBISPO REGIONAL TRANSIT AUTHORITY &
SAN LUIS OBISPO AREA COORDINATING COUNCIL (SLOCOG)
Janice Peters Delegate
Betty Winholtz Alternate
CMC CITIZENS' ADVISORY COMMITTEE (2-year term)
Rick Grantham Member
AIR POLLUTION CONTROL DISTRICT
Noah Smuckler Member
ECONOMIC OPPORTUNITY COMMISSION (3-year term)
Rick Grantham Member
ECONOMIC VITALITY CORPORATION
Carla Borchard Member
Noah Smuckler Alternate
El
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MINUTES - MORRO BAY CITY COUNCIL
®. REGULAR MEETING — DECEMBER 8, 2008
NATIONAL ESTUARY PROGRAM
Noah Smuckler
Member
Carla Borchard
Alternate
CITY SELECTION COMMITTEE
Janice Peters (Mayor)
Member
Betty Winholtz (Vice Mayor)
Alternate
LEGISLATIVE DELEGATE
Janice Peters (Mayor)
Member
Betty Winholtz (Vice -Mayor)
Alternate
SAN LUIS OBISPO COUNTY HOUSING TRUST FUND
Betty Winholtz
Member
JPA SUB -COMMITTEE
Janice Peters
Member
Rick Grantham
Member
MOBILEHOME CONVERSION SUB -COMMITTEE
Betty Winholtz
Member
Rick Grantham
Member
0 No further action was taken on this item.
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D4 SET DATE FOR INTERVIEWS OF COMMISSIONERIADVISORY BOARD
VACANCIES AND DISCUSSION REGARDING FREQUENCY OF MEETINGS,
NUMBER OF MEMBERS' AND POTENTIAL NEW REPRESENTATION
CATEGORIES; (ADMINISTRATION)
The City Council concurred that the number of members on the Advisory Boards should
remain the same; Commission and Advisory Boards would review their by-laws as well
as including youth representation; and interviews would be scheduled for January 21,
2009.
No further action was taken on this item.
DECLARATION OF FUTURE AGENDA ITEMS
Councilmember Grantham requested to agendize a discussion on placing a public utility
user tax, and other user tax fees on the nett ballot; Mayor Peters and Noah Smukler
concurred.
Noah Smukler requested to agendize an update on the Collection Systems Master Plan;
Council concurred.
0
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — DECEMBER 8, 2008
ADJOURNMENT
The meeting adjourned at 9:24 p.m.
Recorded by:
Bridgett Bauer
City Clerk
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City of Morro Bay
City Council Agenda
Mission Statement
The City of Morro Bay is dedicated to the preservation and enhancement of the quality of
life The City shall be committed to this purpose and will provide a level of municipal
service and safety consistent with and responsive to the needs of the public.
SPECIAL MEETING
MONDAY, DECEMBER 8, 2008; 6:00 P.M.
209 SURF STREET, MORRO BAY, CA
I. ESTABLISH QUORUM AND CALL TO ORDER
H. PLEDGE OF ALLEGIANCE
IM PUBLIC COMMENT
® Members of the audience may address the Council only on items described in the
Special Meeting Agenda. (Government Code § 54954.3(a).)
IV. APPROVAL OF MINUTES FOR THE REGULAR CITY COUNCIL
MEETING OF NOVEMBER 10, 2008
V. ADOPTION OF RESOLUTION RECITING THE FACT OF THE GENERAL
MUNICIPAL ELECTION HELD ON NOVEM 3ER 4, 2008, AND
DECLARING THE RESULTS THEREOF
VI. COMMENTS BY MAYOR AND COUNCILMEMBERS
VIL PRESENTATION OF PLAQUES TO COUNCH.MEMBER MELODY
DEMERITT AND COUNCILMEMBER BILL PEIRCE
VHL OATH OF OFFICE AND PRESENTATION OF CERTIFICATES OF
ELECTION TO MAYOR JANICE PETERS AND COUNCILMEM 3ER
CARLA BORCHARD AND COUNCILMEMBER NOAH SMUKLER
IX. COMMENTS BY MAYOR AND COUNCILMEMBERS
X. ADJOURNMENT TO THE REGULAR CITY COUNCIL MEETING
r
THIS AGENDA IS SUBJECT TO AMENDMENT UP TO 24 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.
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® MINUTES - MORRO BAY CITY COUNCIL
SPECIAL MEETING — DECEMBER 8, 2008
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
Bill Peirce
Councilmember
Betty Winholtz
Councilmember
STAFF: Andrea Lueker
Robert Schultz
Bridgett Bauer
Rick Algert
Bruce Ambo
John DeRohan
Mike Pond
Susan Slayton
Joe Woods
City Manager
City Attorney
City Clerk
Harbor Director
Public Services Director
Police Chief
Fire Chief
Administrative Services Director
Recreation & Parks Director
I. ESTABLISH QUORUM AND CALL TO ORDER
® II. MOMENT OF SILENCE
III. PLEDGE OF ALLEGIANCE
IV. PUBLIC COMMENT
John Barta stated this is the end of the first election season that included a primary
election, which resulted in the highest voter turnout of all cities in the County of San Luis
Obispo. Morro Bay had an 85.4% voter turnout.
Steve Mathieu thanked the outgoing members and the incoming members of the City
Council, and especially thanked Bill Peirce for his support of AGP Video and the
SLOSPAN concept.
Lynda Merrill thanked Councilmember DeMeritt and Councilmember Peirce for their
efforts on the City Council.
Garry Johnson stated the City should implement a business plan to survive this economy.
Mayor Peters closed the public comment hearing.
® MINUTES - MORRO BAY CITY COUNCIL
SPECIAL MEETING — DECEMBER 8, 2008
V. APPROVAL OF MINUTES FOR THE REGULAR CITY COUNCIL MEETING
OF NOVEMBER 10, 2008
MOTION: Councilmember Winholtz moved the City Council approve the minutes for
the Regular City Council Meeting of November 10, 2008. The motion was
seconded by Councilmember Grantham and carried unanimously. (5-0)
VI. ADOPTION OF RESOLUTION RECITING THE FACT OF THE GENERAL
MUNICIPAL ELECTION HELD ON NOVEMBER 4, 2008, AND
DECLARING THE RESULTS THEREOF
MOTION: Councilmember Peirce moved the City Council adopt Resolution No. 79-08
reciting the fact of the General Municipal Election held on November 4,
2008, and declaring the results thereof. The motion was seconded by
Councilmember Winholtz and carried unanimously. (5-0)
VII. COMMENTS BY CURRENT MAYOR AND COUNCILMEMBERS
VIII. PRESENTATION OF PLAQUES TO COUNCILMEMBER MELODY
is DEMERITT AND COUNCILMEMBER BILL PEIRCE
IX. OATH OF OFFICE AND PRESENTATION OF CERTIFICATES OF
ELECTION TO MAYOR JANICE PETERS AND COUNCILMEMBER
CARLA BORCHARD AND COUNCILMEMBER NOAH SMUKLER
X. COMMENTS BY NEW MAYOR AND COUNCILMEMBERS
XI. ADJOURNMENT TO THE REGULAR CITY COUNCIL MEETING
Recorded by: /
BridgetfBauer
City Clerk
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0 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 24, 2008
HAS BEEN CANCELED
The next regularly scheduled meeting will be held on
Monday, December 8, 2008, 6:00 p.m., Veterans Hall.
FINANCE ADMINISTRATION
595 Harbor Street 595 Harbor Street
HARBOR DEPT.
1275 Embarradero Road
CITY ATTORNEY
955 Shasta Avenue
FIRE DEPT.
715 Harbor Street
POLICE DEPT.
870 Morro Bav Boulevard
PUBLIC SERVICES
955 Shasta Avenue
RECREATION & PARKS
1001 Kennedv Wav
O 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 10, 2008
CLOSED SESSION — NOVEMBER 10, 2008
CITY HALL CONFERENCE ROOM - 5:00 P.M.
595 HARBOR ST., MORRO BAY, CA
CS-1 GOVERNMENT CODE SECTION 54957.6; CONFERENCE W1'1'H
LABOR NEGOTIATOR. Conference with the City's Designated
® Representative, for the purpose of reviewing the City's position regarding the
terms and compensation paid to employees groups and giving instructions to the
Designated Representative.
CS-2 GOVERNMENT CODE SECTION 54957; PERSONNEL ISSUES.
Discussions regarding Personnel Issues including two (2) public employees
regarding evaluation, specifically the City Attorney and City Manager.
IT IS NOTED THAT THE CONTENTS OF CLOSED SESSION MEETINGS
ARE CONFIDENTIAL AND EXEMPT FROM DISCLOSURE.
PUBLIC SESSION — NOVEMBER 10, 2008
® 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 COUNCILN EMBERS 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 REGULAR CITY COUNCIL MEETING
® OF OCTOBER 27, 2008; (ADMINISTRATION)
RECOMMENDATION: Approve as submitted.
A-2 RESOLUTION NO. 75-08 APPROVING A SUBLEASE AGREEMENT
BETWEEN 801 EMBARCADERO LLC AND MICHELE LEARY AND ZOE
ANDRES, DBA, CENTRAL COAST SPORTFISHING FOR THE FLOATING
DOCK ON LEASE SITE 86/86W LOCATED AT 801 EMBARCADERO;
(HARBOR)
RECOMMENDATION: Adopt Resolution No. 75-08.
A-3 RESOLUTION NO. 74-08 AUTHORIZING SUBMISSION OF RURAL
TRANSIT FUND GRANT APPLICATIONS; (PUBLIC SERVICES)
RECOMMENDATION: Adopt Resolution No. 74-08.
A4 CONSIDERATION TO APPROVE PARK -IN -LIEU FUNDS TO ENHANCE
CENTENNIAL PARKWAY AND PUBLIC RESTROOMS; (RECREATION &
PARKS)
RECOMMENDATION: Approve the use of up to $15,000 of Park -in -Lieu funds
for the enhancement of Centennial Parkway and public restrooms.
® A-5 RESOLUTION ADOPTING THE MEMORANDUM OF UNDERSTANDING
WITH THE MORRO BAY POLICE OFFICERS ASSOCIATION AND
RELATED COMPENSATION; (ADMINISTRATION)
RECOMMENDATION: Adopt Resolution No. 71-08.
A-6 RESOLUTION NO. 72-08 ADOPTING MEMORANDUM OF
UNDERSTANDING WITH THE MISCELLANEOUS EMPLOYEES AND
RELATED COMPENSATION; (ADMINISTRATION)
RECOMMENDATION: Adopt Resolution No. 72-08.
A-7 RESOLUTION NO. 73-08 ADOPTING MEMORANDUM OF
UNDERSTANDING WITH THE CONFIDENTIAL EMPLOYEES AND
RELATED COMPENSATION; (ADMINISTRATION)
RECOMMENDATION: Adopt Resolution No. 73-08.
A-8 RESOLUTION NO. 78-08 AMENDING SALARIES AND BENEFITS OF THE
MANAGEMENT EMPLOYEES; (ADMINISTRATION)
® RECOMMENDATION: Adopt Resolution No. 78-08.
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A-9 CONTINUATION OF EMERGENCY PER PUBLIC CONTRACT CODE
SECTION 22050 FOR THE INSTALLATION OF DESALINATION PLANT
® ENERGY RECOVERY EQUIPMENT; (PUBLIC SERVICES)
RECOMMENDATION: Determine the necessity to continue the emergency per
Public Contract Code 22050 for the installation of desalination plant energy
recovery equipment.
B. PUBLIC HEARINGS. REPORTS & APPEARANCES
B-1 PRESENTATION FROM THE AMERICAN RED CROSS ON DISASTER
PREPAREDNESS
RECOMMENDATION: Receive the presentation for information.
C. UNFINISHED BUSINESS
C-1 FUNDING OPTIONS FOR THE BUXTON COMPANY ON RETAIL
MARKETING STRATEGIES FOR MORRO BAY; (PUBLIC SERVICES)
RECOMMENDATION: Authorize the City Manager to execute the contract
with the Buxton Company and initiate the retail marketing program for the
City.
® C-2 APPROVAL OF RESOLUTION NO. 76-08 AMENDING THE COUNCIL
POLICIES & PROCEDURES MANUAL REGARDING THE ORDER OF
BUSINESS ON THE CITY COUNCIL AGENDA, APPOINTMENT OF VICE
MAYOR, FILLING COUNCIL VACANCIES, AND THE APPOINTMENT OF
COUNCIL MEMBERS TO DISCRETIONARY BOARDS; (CITY ATTORNEY)
RECOMMENDATION: Adopt Resolution No. 76-08.
D. NEW BUSINESS
D-I CONSIDERATION OF THE ADOPTION OF RESOLUTION NO. 77-08
SUPPORTING THE MORRO BAY COMMUNITY POOL FOUNDATION
AND THEIR GOAL OF PROVIDING AN AQUATIC CENTER IN
CONJUNCTION WITH THE COUNTY OF SAN LUIS OBISPO, SAN LUIS
COASTAL UNIFIED SCHOOL DISTRICT AND CITY OF MORRO BAY;
(RECREATION & PARKS)
RECOMMENDATION: Consider support of the Morro Bay Community Pool
Foundation and their goal of providing an Aquatic Center in conjunction
with the County, School District, and the City of Morro Bay.
D-2 PRESENTATION ON ADOPT -A -TREE PROGRAM AND DISCUSSION ON
® CITY TREES; (PUBLIC SERVICES)
RECOMMENDATION: Receive presentation for information.
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0 E. ADJOURNMENT
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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.
MATERIALS RELATED TO AN ITEM ON THIS AGENDA SUBMITTED TO
THE CITY COUNCIL AFTER DISTRIBUTION OF THE AGENDA PACKET
ARE AVAILABLE FOR PUBLIC INSPECTION AT CITY HALL LOCATED AT
595 HARBOR STREET; MORRO BAY LIBRARY LOCATED AT 625 HARBOR
STREET; AND MH,L'S COPY CENTER LOCATED AT 495 MORRO BAY
BOULEVARD DURING NORMAL BUSINESS HOURS.
IN COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT, IF
YOU NEED SPECIAL ASSISTANCE TO PARTICIPATE IN A CITY MEETING,
PLEASE CONTACT THE CITY CLERK'S OFFICE AT LEAST 24 HOURS
PRIOR TO THE MEETING TO INSURE THAT REASONABLE
ARRANGEMENTS CAN BE MADE TO PROVIDE ACCESSIBILITY TO THE
MEETING.
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® MINUTES - MORRO BAY CITY COUNCIL
CLOSED SESSION —NOVEMBER 10, 2008
CITY HALL CONFERENCE ROOM - 5:00 P.M.
Mayor Peters called the meeting to order at 5:00 p.m
PRESENT: Janice Peters
Mayor
Melody DeMeritt
Councilmember
Rick Grantham
Councilmember
William Peirce
Councilmember
Betty Winholtz
Councilmember
STAFF: Andrea Lueker
City Manager
Robert Schultz
City Attorney
CLOSED SESSION
MOTION: Councilmember Winholtz moved the meeting be adjourned to Closed
Session. The motion was seconded by Councilmember Grantham 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's Designated
Representative, for the purpose of reviewing the City's position regarding the
terms and compensation paid to employees groups and giving instructions to the
Designated Representative.
CS-2 GOVERNMENT CODE SECTION 54957; PERSONNEL ISSUES.
Discussions regarding Personnel Issues including two (2) public employees
regarding evaluation, specifically the City Attorney and 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 DeMeritt moved the meeting be adjourned. The motion
was seconded by Councilmember Peirce and unanimously carried. (5-0)
The meeting adjourned at 6:00 p.m.
® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING —NOVEMBER 10, 2008
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: Andrea Lueker
City Manager
Robert Schultz
City Attorney
Bridgett Bauer
City Clerk
Rick Algert
Harbor Director
Bruce Ambo
Public Services Director
Rob Livick
City Engineer
Tim Olivas
Police Commander
Mike Pond
Fire Chief
Susan Slayton
Administrative Services Director
Dylan Wade
Utilities/Capital Projects Manager
Joe Woods
Recreation & Parks Director
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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 announced the Open House and ribbon cutting ceremony for Phase I of the
Morro Bay Fire Department improvements would be held at the new engine bay on
November 15, 2008. He said that brick donations for Phase H of the Fire Department
improvements would soon be accepted.
Bill Black announced the 11`s annual Thanksgiving Dinner would be held on November
27, 2008. He listed the local businesses who are sponsoring this dinner, and noted rides
would be made available by Dial -a -Ride.
Rick Carr, representing the Chamber of Commerce, reviewed the monthly statistics for
the Visitor Center, and noted upcoming events.
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® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — NOVEMBER 10, 2008
Rick Gilligan, Treasurer for the Morro Bay Community Pool Foundation Board of
Directors, addressed Item D-I (Consideration of the Adoption of Resolution Supporting
the Morro Bay Community Pool Foundation) and stated fundraising is under way to raise
money for a feasibility study and needs assessment for a Community Aquatic Center on
the North Coast.
Karen Crowley expressed support for a community pool that would provide the need for
recreational and competitive swimming.
Lynda Merrill expressed support for Item A-2 (Resolution Approving a Sublease
Agreement for the Floating Dock on Lease Site 86/86W), Item A-4 (Consideration to
Approve Park -In -Lieu Funds to Enhance Centennial Parkway and Public Restrooms), and
Item D-1. She emphasized all should see the replica ship Nina while it is docked in the
Morro Bay harbor. Ms. Merrill stated more tourists should come to visit Morro Bay with
the lower gas prices.
Noah Smukler thanked those who supported his campaign and election as City Council
Member. He said through his campaign he found those with expertise and local
® knowledge that will be the foundation for the City's future while we transition through
these economic difficult times. Mr. Smukler addressed Item C-1 stating the City is
getting ahead of itself and local groups would better serve the community with
discussions on the City's economics.
Camille Pollack announced there would be an environmental symposium at the Botanical
Gardens across from Cuesta College on December 6, 2008.
Daniel Crazack addressed Item C-1 stating local talent should be considered instead of
out -sourcing retail development strategies for the City.
John Barta thanked Councilmember DeMeritt and Councilmember Peirce for a job well
done. He said currently Morro Bay had the highest voter result in the County. Mr. Barta
referred to Item C-I stating the proposed funds would be better served elsewhere.
Mayor Peters closed the hearing for public comment.
Mayor Peters called for a break at 7:10 p.m.; the meeting resumed at 7:20 p.m.
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® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — NOVEMBER 10, 2008
DECLARATION OF FUTURE AGENDA ITEMS
Councilmember Winholtz requested to agendize a discussion and recommendations for
the Operating Agreement between San Luis Obispo County and California State Parks;
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-1 APPROVAL OF MINUTES FOR THE REGULAR CITY COUNCIL MEETING
OF OCTOBER 27, 2008; (ADMINISTRATION)
RECOMMENDATION: Approve as submitted.
A-2 RESOLUTION NO. 75-08 APPROVING A SUBLEASE AGREEMENT
BETWEEN 801 EMBARCADERO LLC AND MICHELE LEARY AND ZOE
® ANDRES, DBA, CENTRAL COAST SPORTFISHING FOR THE FLOATING
DOCK ON LEASE SITE 86/86W LOCATED AT 801 EMBARCADERO;
(HARBOR)
RECOMMENDATION: Adopt Resolution No. 75-08.
A-3 RESOLUTION NO. 74-08 AUTHORIZING SUBMISSION OF RURAL
TRANSIT FUND GRANT APPLICATIONS; (PUBLIC SERVICES)
RECOMMENDATION: Adopt Resolution No. 74-08.
A4 CONSIDERATION TO APPROVE PARK -IN -LIEU FUNDS TO ENHANCE
CENTENNIAL PARKWAY AND PUBLIC RESTROOMS; (RECREATION &
PARKS)
RECOMMENDATION: Approve the use of up to $15,000 of Park -in -Lieu funds
for the enhancement of Centennial Parkway and public restrooms.
A-5 RESOLUTION ADOPTING THE MEMORANDUM OF UNDERSTANDING
WITH THE MORRO BAY POLICE OFFICERS ASSOCIATION AND
RELATED COMPENSATION; (ADMINISTRATION)
RECOMMENDATION: Adopt Resolution No. 71-08.
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® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — NOVEMBER 10, 2008
A-6 RESOLUTION NO. 72-08 ADOPTING MEMORANDUM OF
UNDERSTANDING WITH THE MISCELLANEOUS EMPLOYEES AND
RELATED COMPENSATION; (ADMINISTRATION)
RECOMMENDATION: Adopt Resolution No. 72-08.
A-7 RESOLUTION NO. 73-08 ADOPTING MEMORANDUM OF
UNDERSTANDING WITH THE CONFIDENTIAL EMPLOYEES AND
RELATED COMPENSATION; (ADMINISTRATION)
RECOMMENDATION: Adopt Resolution No. 73-08.
A-8 RESOLUTION NO. 78-08 AMENDING SALARIES AND BENEFITS OF THE
MANAGEMENT EMPLOYEES; (ADMINISTRATION)
RECOMMENDATION: Adopt Resolution No. 78-08.
A-9 CONTINUATION OF EMERGENCY PER PUBLIC CONTRACT CODE
SECTION 22050 FOR THE INSTALLATION OF DESALINATION PLANT
® ENERGY RECOVERY EQUIPMENT; (PUBLIC SERVICES)
RECOMMENDATION: Determine the necessity to continue the emergency per
Public Contract Code 22050 for the installation of desalination plant energy
recovery equipment.
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Councilmember Winholtz pulled Items A-1, A-3 and A-4 from the Consent Calendar.
MOTION: Councilmember Grantham moved the City Council approve the Consent
Calendar with the exception of Items A-1, A-3 and A-4. The motion was
seconded by Councilmember Peirce and carried unanimously. (5-0)
A-1 APPROVAL OF MINUTES FOR THE REGULAR CITY COUNCIL MEETING
OF OCTOBER 27, 2008; (ADMINISTRATION)
Councilmember Winholtz requested the following amendments to the City Council meeting
of October 27, 2008:
Page 8 (Item D-2: Consideration Of Financial Assistance From The Affordable Housing
In -Lieu Fund For A 15-Unit Work Force Housing Project At The Sea Shell Retirement
Home Located At 1405 Teresa Drive):
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® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — NOVEMBER 10, 2008
Councilmember Winholtz stated she is supportive of low-income housing projects;
however, she would like an exchange for the requested housing in -lieu funding for an
additional affordable unit or change all three restricted units from moderate to low
income.
Page 10 (Item D-6: Discussion Regarding Amending Council Policies & Procedures
Related To The Appointment Of Vice -Mayor, The Appointment Of Council Members To
Discretionary Boards, The Order Of Business On The City Council Agenda, And The
Use Of City Letterhead):
The City Council discussed the following amendments to the City Council Policies and
Procedures:
• Maintain Moment of Silence;
• Remove "Thought of the Day";
• Add Department Head Reports;
• Add Mayor and Council Member's Reports, Announcements and
Presentations*,
• Appointment of Vice -Mayor shall be rotated on an annual basis; when a new
® Council is seated, the Vice -Mayor seat will go to the Council Member with the
most seniority that has not been Vice -Mayor within the last two years;
• County discretionary board appointments shall be appointed by majority vote of
the Council.
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MOTION: Councilmember Winholtz moved the City Council approve Item A-1 of
the Consent Calendar as amended. The motion was seconded by
Councilmember Peirce and carried unanimously. (5-0)
A-3 RESOLUTION NO. 74-08 AUTHORIZING SUBMISSION OF RURAL
TRANSIT FUND GRANT APPLICATIONS; (PUBLIC SERVICES)
Councilmember Winholtz requested staff clarification on requested funding.
Management Analyst Janeen Burlingame responded the City is requesting approval to
submit three grant applications from the Rural Transit Grant Program; one for Dial -a -
Ride, one for the trolley, and one for a trolley route kiosk at the trolley stops.
MOTION: Councilmember Winholtz moved the City Council approve Item A-3 of
the Consent Calendar. The motion was seconded by Councilmember
Grantham and carried unanimously. (5-0)
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® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — NOVEMBER 10, 2008
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A4 CONSIDERATION TO APPROVE PARK -IN -LIEU FUNDS TO ENHANCE
CENTENNIAL PARKWAY AND PUBLIC RESTROOMS; (RECREATION &
PARKS)
Councilmember Winholtz stated she supports the improvements to the proposed restrooms;
however, expressed concern with the use of park in -lieu funds for the public restroom
rehabilitation by the Harbor Department and North T-Pier, and noted Harbor Funds should
be used for this project.
MOTION: Councilmember Peirce moved the City Council approve Item A-4 of the
Consent Calendar. The motion was seconded by Councilmember
DeMeritt and carried unanimously. (5-0)
B. PUBLIC HEARINGS. REPORTS & APPEARANCES
B-1 PRESENTATION FROM THE AMERICAN RED CROSS ON DISASTER
PREPAREDNESS
This item was pulled from the agenda.
C. UNFINISHED BUSINESS
C-I FUNDING OPTIONS FOR THE BUXTON COMPANY ON RETAIL
MARKETING STRATEGIES FOR MORRO BAY; (PUBLIC SERVICES)
Public Services Director Bruce Ambo stated on October 27, 2008 the City Council
received a presentation from the Buxton Company and directed staff to research
financing options for a Retail Economic Development Strategy for Morro Bay. The
Harbor Fund has been found as a potential source of funding approximately 1/3 of the
cost of the study, and the General Fund covering the balance for the remainder of this
budget year and next budget year. Mr. Ambo recommended the City Council authorize
the City Manager to execute a contract with the Buxton Company and initiate the retail -
marketing program for the City.
Councilmember Peirce stated in conversation with the City's Finance Director, she
expressed support for this project because of the potential rewards received by the City.
He said he would support locating a chain -business in Morro Bay that would serve
surrounding communities.
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® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — NOVEMBER 10, 2008
Councilmember Grantham stated the City's Finance Director assured him that one
additional business would more than pay for the City's investment. He said he would
like to assign the City Manager to manage this program. Councilmember Grantham
stated the City should welcome business, growth and financial vigor to this community.
Councilmember DeMeritt stated the City does need more retail and industrial business.
She expressed concern with the proposed timetable, and encouraged the City Council
wait to consider this program until the mid -year budget review. Councilmember
DeMeritt stated a recession is not the time to attract business or bring in competition.
Councilmember Winholtz stated she agrees the conservative approach would be to wait
until the mid -year budget review. She said she is opposed to the use of Harbor Funds for
this program. Councilmember Winholtz stated she would like to receive references on
the Bunton Company.
Mayor Peters stated she is concerned with the loss of character and vision by locating a
business in an inappropriate area.
MOTION: Councilmember Winholtz moved the City Council continue this decision
® to the mid -year budget review, and remove Harbor funding from the
proposal. The motion was seconded by Councilmember DeMeritt.
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Mayor Peters stated she supports the continuation of this decision, but not the removal of
Harbor funding.
Councilmember Winholtz stated the Harbor Fund is an inappropriate use of funds and
only the General Fund should be considered.
VOTE: The motion failed with Councilmember Grantham,
Councilmember Peirce and Mayor Peters voting no. (2-3)
MOTION: Councilmember DeMeritt moved the City Council postpone any decision
on the contract with the Buxton Company at or after the mid -year budget
review. The motion was seconded by Councilmember Winholtz and
carried with Councilmember Grantham and Councilmember Peirce voting
no. (3-2)
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® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — NOVEMBER 10, 2008
C-2 APPROVAL OF RESOLUTION NO. 76-08 AMENDING THE COUNCIL
POLICIES & PROCEDURES MANUAL REGARDING THE ORDER OF
BUSINESS ON THE CITY COUNCIL AGENDA, APPOINTMENT OF VICE
MAYOR, FILLING COUNCIL VACANCIES, AND THE APPOINTMENT OF
COUNCIL MEMBERS TO DISCRETIONARY BOARDS; (CITY ATTORNEY)
City Attorney Robert Schultz stated at the October 27, 2008 City Council meeting the
City Council requested amendments be made to the Council Policies and Procedures
Manual regarding the order of business on the City Council agenda, appointment of Vice
Mayor, filling Council vacancies and the appointment of Councilmembers to
discretionary boards. Mr. Schultz recommended the City Council adopt Resolution No.
76-08 amending the Council Policies and Procedures Manual to incorporate the requested
changes and to ensure compliance with the law.
The City Council concurred on amendments to the Council Policies and Procedures
Manual with the exception of Section 6.1 (County or Regional Representation).
Mayor Peters requested the language be as originally written whereby the Mayor shall
make appointments to discretionary boards.
® MOTION: Councilmember DeMeritt moved the City Council maintain the proposed
language in Resolution No. 76-08 as offered by the City Attorney because
it is more thorough than the second proposed language in keeping majority
view of the Council at discretionary board meetings and also providing for
an alternate. The motion was seconded by Councilmember Winholtz and
carried with Councilmember Peirce and Mayor Peters voting no. (3-2)
Councilmember Grantham clarified his vote was based on a different section than what
Councilmember DeMeritt had moved on.
The City Attorney suggested the City Council reconsider the motion.
MOTION: Councilmember DeMeritt moved the City Council maintain the proposed
language in Resolution No. 76-08 as offered by the City Attorney because
it is more thorough than the second proposed language in keeping majority
view of the Council at discretionary board meetings and also providing for
an alternate. The motion was seconded by Councilmember Winholtz and
failed with Councilmember Grantham, Councilmember Peirce and Mayor
Peters voting no. (2-3)
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® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — NOVEMBER 10, 2008
MOTION: Councilmember Peirce moved the City Council adopt Resolution No. 76-
08 with the amendments as proposed by the City Council, with the
exception of Section 6.1 (County or Regional Representation), which
would remain as previously written in the City Council Policies and
Procedures Manual. The motion was seconded by Mayor Peters
Councilmember Winholtz recommended an amendment to the third Whereas, "the City
Council desires to amend certain sections."
Councilmember Peirce and Mayor Peters accepted the amendment to the motion.
VOTE: The . motion carried with Councilmember DeMeritt and
Councilmember Winholtz voting no. (3-2)
D. NEW BUSINESS
D-1 CONSIDERATION OF THE ADOPTION OF RESOLUTION NO. 77-08
SUPPORTING THE MORRO BAY COMMUNITY POOL FOUNDATION
AND THEIR GOAL OF PROVIDING AN AQUATIC CENTER IN
® CONJUNCTION WITH THE COUNTY OF SAN LUIS OBISPO, SAN LUIS
COASTAL UNIFIED SCHOOL DISTRICT AND CITY OF MORRO BAY;
(RECREATION & PARKS)
E
Recreation & Parks Director Joe Woods stated the City Council directed staff to work
with San Luis Unified School District and San Luis Obispo County to form a
collaborative effort to reinstate a public pool. .Staff continues to work with these agencies
to resolve the need for a local community pool. Additionally, a fourth party, the Morro
Bay Community Pool Foundation has emerged with the desire of partnering with the
three established agencies. The Morro Bay Community Pool Foundation is seeking the
City's support as they work to provide the community with a state of art aquatics facility.
Mr. Woods recommended the City Council consider adopting Resolution No. 77-08
supporting the Morro Bay Community Pool Foundation and their goal of providing an
Aquatic Center in conjunction with the County of San Luis Obispo, San Luis Coastal
Unified School District and the City of Morro Bay.
Councilmember Winholtz requested the following amendment to the resolution:
"WHEREAS, residents of Morro Bay now have little limited access to other public
swimming pools; and".
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® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — NOVEMBER 10, 2008
MOTION: Councilmember Peirce moved the City Council adopt Resolution No. 77-08
in support of the Morro Bay Community Pool Foundation and their goal of
providing an Aquatic Center in conjunction with the County of San Luis
Obispo, San Luis Coastal Unified School District and the City of Morro Bay
with the proposed amendment. The motion was seconded by
Councilmember Grantham and carried unanimously. (5-0)
D-2 PRESENTATION ON ADOPT -A -TREE PROGRAM AND DISCUSSION ON
CITY TREES; (PUBLIC SERVICES)
Noah Smukler, member of the Public Works Advisory Board made a presentation on the
Adopt -a -Tree Program as a part of the Urban Forest Management Plan. He said the
Adopt -a -Tree Program would help create a program that would allow residents and
community groups to adopt trees within the City and be the volunteer support network for
the Public Services Department. Mr. Smukler noted there would be a tree planting
ceremony at City Park on November 22, 2008 coordinated by the Planning Commission,
Public Works Advisory Board, Recreation & Parks Department and Morro Bay
Beautiful.
® Bill Woodson, Treasurer for Morro Bay Beautiful stated the role of Morro Bay Beautiful
is to make sure the trees are planted in the appropriate location and maintained to make
sure they survive.
Consensus of the City Council was to reaffirm the efforts of the Planning Commission,
Public Works Advisory Board, Recreation & Parks Department and Morro Bay Beautiful
in developing the Adopt -a -Tree Program; and, requested staff return with a resolution in
support of the Adopt -a -Tree Program.
ADJOURNMENT
The meeting adjourned at 8:51 p.m.
Recorded by:
Bridgett Bauer
City Clerk
lr
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 27, 2008
CLOSED SESSION — OCTOBER 27, 2008
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's Designated
® Representative, for the purpose of reviewing the City's position regarding the
terms and compensation paid to employees groups and giving instructions to the
Designated Representative.
CS-2 GOVERNMENT CODE SECTION 54956.8; REAL PROPERTY
TRANSACTIONS. Instructing City's real property negotiator regarding the
price and terms of payment for the purchase, sale, exchange, or lease of real
property as to 1 parcel.
Property: Morro Bay Power Plant Outfall.
Negotiating Parties: Dynegy and City of Morro Bay.
Negotiations: Lease Terms.
CS-3 GOVERNMENT CODE SECTION 54957; PERSONNEL ISSUES.
Discussions regarding Personnel Issues including two (2) public employee
regarding evaluation, specifically the City Attorney and Interim City Manager.
IT IS NOTED THAT THE CONTENTS OF CLOSED SESSION MEETINGS
ARE CONFIDENTIAL AND EXEMPT FROM DISCLOSURE.
u
PUBLIC SESSION — OCTOBER 27, 2008
® 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.
L.]
A-1 APPROVAL OF MINUTES FOR THE REGULAR CITY COUNCIL
MEETINGS OF SEPTEMBER 22, 2008 AND OCTOBER 13, 2008;
® (ADMINISTRATION)
RECOMMENDATION: Approve as submitted.
A-2 RESOLUTION NO. 65-08 AUTHORIZING PARTICIPATION IN THE
CALIFORNIA ASSET MANAGEMENT PROGRAM (CAMP) AND
DESIGNATING TRANSACTION OFFICERS; (FINANCE)
RECOMMENDATION: Adopt Resolution No. 65-08.
A-3 APPROVAL OF RESOLUTION NO. 67-08 AUTHORIZING THE CITY OF
MORRO. BAY TO ENTER INTO ABANDONED WATERCRAFT
ABATEMENT FUND CONTRACT #08-214-505 WITH THE DEPARTMENT
OF BOATING AND WATERWAYS; (HARBOR)
RECOMMENDATION: Adopt Resolution No. 67-08.
A-4 APPROVAL OF RESOLUTION NO. 68-08 AUTHORIZING THE CITY OF
MORRO BAY TO ENTER INTO THE SECOND AMENDMENT TO GRANT
AGREEMENT #05-128-980 WITH THE DEPARTMENT OF BOATING AND
WATERWAYS FOR STATE PARK MARINA REHABILITATION PROJECT
PLANNING; (HARBOR)
® RECOMMENDATION: Adopt Resolution No. 68-08.
A-5 APPROVAL OF RESOLUTION NO. 69-08 AUTHORIZING A BERTHING
LEASE AGREEMENT #HSCG89-09-L-6-63-002 WITH THE UNITED
STATES COAST GUARD FOR BERTHING SPACE AND USE OF A
PORTION OF THE NORTH T-PIER, AND FOR USE OF PARKING SPACES
IN THE VICINITY OF THE NORTH T-PIER; (HARBOR)
RECOMMENDATION: Adopt Resolution No. 69-08.
A-6 APPROVAL OF RESOLUTION NO. 70-08 AUTHORIZING A NEW LEASE
AGREEMENT WITH THE MORRO BAY COMMERCIAL FISHERMAN'S
ORGANIZATION FOR THE FISHERMAN'S GEAR STORAGE AREA
LOCATED AT 1622 EMBARCADERO; (HARBOR)
RECOMMENDATION: Adopt Resolution No. 70-08.
A-7 AUTHORIZATION TO FELL THE PLANNING MANAGER VACANCY AT
THE SENIOR PLANNER LEVEL AND AMENDMENT TO THE SENIOR
PLANNER JOB DESCRIPTION; (PUBLIC SERVICES)
® RECOMMENDATION: Authorize staff to fill the Planning Manager vacancy at
the Senior Planner level and approve the updated job description for the
Senior Planner.
3
® A-8 CONTINUATION OF EMERGENCY PER PUBLIC CONTRACT CODE
SECTION 22050 FOR THE INSTALLATION OF DESALINATION PLANT
ENERGY RECOVERY EQUIPMENT; (PUBLIC SERVICES)
RECOMMENDATION: Determine the necessity to continue the emergency per
Public Contract Code 22050 for the installation of desalination plant energy
recovery equipment.
A-9 AUTHORIZATION TO FILL THE ASSOCIATE PLANNER VACANCY;
(PUBLIC SERVICES)
RECOMMENDATION: Authorize staff to fill the Associate Planner vacancy.
B. PUBLIC HEARINGS. REPORTS & APPEARANCES
B-I APPROVAL OF RESOLUTION NO. 66-08 ACCEPTING $100,000 GRANT
FROM THE STATE OF CALIFORNIA CITIZENS OPTION FOR PUBLIC
SAFETY (COPS) PROGRAM, (POLICE)
RECOMMENDATION: Adopt Resolution No. 66-08.
C. UNFINISHED BUSINESS — NONE.
® D. NEW BUSINESS
l
D-1 PRESENTATION FROM BUXTON COMPANY ON RETAIL MARKETING
STRATEGIES FOR MORRO BAY; (PUBLIC SERVICES)
RECOMMENDATION: Receive the presentation from Buxton Company and
direct staff accordingly.
D-2 CONSIDERATION OF FINANCIAL ASSISTANCE FROM THE
AFFORDABLE HOUSING IN -LIEU FUND FOR A 15-UNIT WORK FORCE
HOUSING PROJECT AT THE SEA SHELL RETIREMENT HOME LOCATED
AT 1405 TERESA DRIVE; (PUBLIC SERVICES)
RECOMMENDATION: Direct Staff to credit $43,660 in Building and Plan
Check Fees, and release $170,598 in Affordable Housing In -Lieu Fees upon
issuance of a Certificate of Occupancy for the project.
D-3 PRESENTATION FROM THE AMERICAN RED CROSS ON DISASTER
PREPAREDNESS; (COUNCIL)
RECOMMENDATION: This item has been pulled from the agenda.
J
MINUTES - MORRO BAY CITY COUNCIL
is CITY
SESSION — OCTOBER 27, 2008
CITY HALL CONFERENCE ROOM - 5:00 P.M.
Mayor Peters called the meeting to order at 5:00 p.m
PRESENT: Janice Peters
Mayor
Melody DeMeritt
Councilmember
Rick Grantham
Councilmember
William Peirce
Councilmember
Betty Winholtz
Councilmember
STAFF: Andrea Lueker
City Manager
Robert Schultz
City Attorney
CLOSED SESSION
MOTION: Councilmember Winholtz moved the meeting be adjourned to Closed
Session. The motion was seconded by Councilmember Grantham 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's Designated
Representative, for the purpose of reviewing the City's position regarding the
terms and compensation paid to employees groups and giving instructions to the
Designated Representative.
CS-2 GOVERNMENT CODE SECTION 54956.8. REAL PROPERTY
TRANSACTIONS. Instructing City's real property negotiator regarding the
price and terms of payment for the purchase, sale, exchange, or lease of real
property as to 1 parcel.
Property: Morro Bay Power Plant Outfall.
Negotiating Parties: Dynegy and City of Morro Bay.
Negotiations: Lease Terms.
CS-3 GOVERNMENT CODE SECTION 54957; PERSONNEL ISSUES.
Discussions regarding Personnel Issues including two (2) public employee
regarding evaluation, specifically the City Attorney and Interim 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.
MINUTES - MORRO BAY CITY COUNCIL
® REGULAR MEETING — OCTOBER 27, 2008
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: Andrea Lueker
City Manager
Robert Schultz
City Attorney
Jamie Boucher
Deputy City Clerk
Rick Algert
Harbor Director
Bruce Ambo
Public Services Director
John DeRohan
Police Chief
Mike Pond
Fire Chief
Susan Slayton
Finance Director
Dylan Wade
Utilities/Capital Projects Manager
Joe Woods
Recreation & Parks Director
ESTABLISH QUORUM AND CALL TO ORDER
MOMENT OF SILENCE
®
PLEDGE OF ALLEGIANCE
MAYOR'S REPORTS & ANNOUNCEMENTS
CLOSED SESSION REPORT - City Attorney Robert Schultz reported the City Council
met in Closed Session, and no reportable action under the Brown Act was taken.
PUBLIC COMMENT
Keith Taylor announced an Open House for the Fire Station Apparatus Bay would be
held on November 15, 2008 at 11:00 a.m. He also acknowledged Tom and Mary Hay of
Hay Printing for what they do for the community.
Bill Black announced a Thanksgiving dinner would be held on Thanksgiving Day from
1:00 p.m. — 3:00 p.m. at the Community Center. He thanked those who helped sponsor
this event.
Joyce Lundy reviewed the monthly statistics for the Morro Bay Chamber of Commerce.
She also announced the replica ship Nina would be arriving in Morro Bay on November
4, 2008.
Joan Solu, Chair of the Recreation & Parks Commission, reviewed a letter submitted to
the City Council from the Recreation & Parks Department regarding the Commission's
® unanimous support in working with the Community Pool Foundation on a community
pool in Morro Bay.
2
MINUTES - MORRO BAY CITY COUNCIL
® REGULAR MEETING — OCTOBER 27, 2008
Bill Woodson stated he supports a community pool in Morro Bay. He also said there is
an article on Morro Bay in the November issue of Sunset magazine. Mr. Woodson stated
the Planning Commission would not be able to meet the City Council's deadline request
on the ordinance relating to floor -to -area ratio due to lack of staffing in the Public
Services Department. He addressed Item D-7 (Definition Of Landmark Trees) stating he
does endorse this concept especially relating to public property. Mr. Woodson
congratulated the City on the roundabout, which seems to be running smoothly.
Noah Smukler expressed support for Item D-7 and the consideration of an Adopt -a -Tree
Program.
George Leage congratulated the candidates who Xarticipated in this election campaign.
He encouraged all citizens to vote on November 4 .
Kathy Wells expressed concern with the Council's action in not renewing the lease for
the Outrigger Restaurant.
Peter Risley stated the Morro Bay Fire Department is successful in providing for the
needs of the citizens. He said contracting out City services would not lower the costs for
the public but hides the responsibility of mismanaged funds.
® Roger Ewing expressed support for Item D-7 on Landmark Trees and the consideration
of an Adopt -a -Tree Program. He thanked his fellow candidates for a positive campaign
season.
Lynda Merrill thanked the Council on their efforts for the City. She also thanked AGP
Video for providing televised City meetings. Ms. Merrill expressed support for Item A-6
(Authorizing A New Lease Agreement With The Morro Bay Commercial Fisherman's
Organization For The Fisherman's Gear Storage Area). She referred to Item D-1
(Presentation From Buxton Company On Retail Marketing Strategies For Morro Bay)
noting she looked forward to hearing the presentation on bringing businesses into the
community.
David Nelson referred to reopening negotiations on the Morro Bay Power Plant Outfall
Lease Agreement and noted once -through cooling is damaging to the estuary and fishing
industry. He said extending the lease until 2012 is criminal by taking away the right to
protect the environment for monetary compensation.
John Barta shared an image of the proposed conference center and said this project is too
large for the Embarcadero.
Anthony Santos referred to Item D4 (Discussion On Requiring A Business License From
® Businesses That Make Deliveries Within The City Limits) and said delivery of auto parts
is a free service, and should not be required to pay a business license fee to the City.
3
MINUTES - MORRO BAY CITY COUNCIL
® REGULAR MEETING — OCTOBER 27, 2008
Mayor Peters closed the hearing for public comment.
Mayor Peters called for a break at 7:04 p.m.; the meeting resumed at 7:12 p.m.
DECLARATION OF FUTURE AGENDA ITEMS
Councilmember DeMeritt requested to agendize a discussion on support for the Morro
Bay Community Pool Foundation; Councilmember Winholtz and Mayor Peters
concurred.
Mayor Peters requested to agendize the consideration of the Affordable Housing
Assistance Application Fee.
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 SEPTEMBER 22, 2008 AND OCTOBER 13, 2008;
is
(ADMINISTRATION)
RECOMMENDATION: Approve as submitted.
A-2 RESOLUTION NO. 65-08 AUTHORIZING PARTICIPATION IN THE
CALIFORNIA ASSET MANAGEMENT PROGRAM (CAMP) AND
DESIGNATING TRANSACTION OFFICERS; (FINANCE)
RECOMMENDATION: Adopt Resolution No. 65-08.
A-3 APPROVAL OF RESOLUTION NO. 67-08 AUTHORIZING THE CITY OF
MORRO BAY TO ENTER INTO ABANDONED WATERCRAFT
ABATEMENT FUND CONTRACT #08-214-505 WITH THE DEPARTMENT
OF BOATING AND WATERWAYS; (HARBOR)
RECOMMENDATION: Adopt Resolution No. 67-08.
A-4 APPROVAL OF RESOLUTION NO. 68-08 AUTHORIZING THE CITY OF
MORRO BAY TO ENTER INTO THE SECOND AMENDMENT TO GRANT
AGREEMENT #05-128-980 WITH THE DEPARTMENT OF BOATING AND
WATERWAYS FOR STATE PARK MARINA REHABILITATION PROJECT
PLANNING; (HARBOR)
® RECOMMENDATION: Adopt Resolution No. 68-08.
0
MINUTES - MORRO BAY CITY COUNCIL
® REGULAR MEETING — OCTOBER 27, 2008
A-5 APPROVAL OF RESOLUTION NO. 69-08 AUTHORIZING A BERTHING
LEASE AGREEMENT #HSCG89-09-L-6-63-002 WITH THE UNITED
STATES COAST GUARD FOR BERTHING SPACE AND USE OF A
PORTION OF THE NORTH T-PIER, AND FOR USE OF PARKING SPACES
IN THE VICINITY OF THE NORTH T-PIER; (HARBOR)
RECOMMENDATION: Adopt Resolution No. 69-08.
A-6 APPROVAL OF RESOLUTION NO. 70-08 AUTHORIZING A NEW LEASE
AGREEMENT WITH THE MORRO BAY COMMERCIAL FISHERMAN'S
ORGANIZATION FOR THE FISHERMAN'S GEAR STORAGE AREA
LOCATED AT 1622 EMBARCADERO; (HARBOR)
RECOMMENDATION: Adopt Resolution No. 70-08.
A-7 AUTHORIZATION TO FILL THE PLANNING MANAGER VACANCY AT
THE SENIOR PLANNER LEVEL AND AMENDMENT TO THE SENIOR
PLANNER JOB DESCRIPTION; (PUBLIC SERVICES)
® RECOMMENDATION: Authorize staff to fill the Planning Manager vacancy at
the Senior Planner level and approve the updated job description for the
Senior Planner.
r
A-8 CONTINUATION OF EMERGENCY PER PUBLIC CONTRACT CODE
SECTION 22050 FOR THE INSTALLATION OF DESALINATION PLANT
ENERGY RECOVERY EQUIPMENT; (PUBLIC SERVICES)
RECOMMENDATION: Determine the necessity to continue the emergency per
Public Contract Code 22050 for the installation of desalination plant energy
recovery equipment.
A-9 AUTHORIZATION TO FILL THE ASSOCIATE PLANNER VACANCY;
(PUBLIC SERVICES)
RECOMMENDATION: Authorize staff to fill the Associate Planner vacancy.
Councilmember Winholtz pulled Item AA of the Consent Calendar; Councilmember
DeMeritt pulled Items A-7, A-8 and A-9.
MOTION: Councilmember Peirce moved the City Council approve the Consent
Calendar with the exception of Items A-4, A-7, A-8 and A-9. The motion
was seconded by Councilmember DeMeritt and carried unanimously. (5-0)
5
MINUTES - MORRO BAY CITY COUNCIL
Is REGULAR MEETING — OCTOBER 27, 2008
A-4 APPROVAL OF RESOLUTION NO. 68-08 AUTHORIZING THE CITY OF
MORRO BAY TO ENTER INTO THE SECOND AMENDMENT TO GRANT
AGREEMENT 905-128-980 WITH THE DEPARTMENT OF BOATING AND
WATERWAYS FOR STATE PARK MARINA REHABILITATION PROJECT
PLANNING; (HARBOR)
Councilmember Winholtz addressed this item for public information.
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-7 AUTHORIZATION TO FILL THE PLANNING MANAGER VACANCY AT
THE SENIOR PLANNER LEVEL AND AMENDMENT TO THE SENIOR
PLANNER JOB DESCRIPTION; (PUBLIC SERVICES)
Councilmember DeMeritt requested to consider Items A-7 and A-9 together. She said
instead of filling the Associate Planner position, she would like to hire an Economic
Development Director in order to assist in bringing retail business to the City. She said
she would like to contract out for the Senior Planner position for a period of time.
® Councilmember Winholtz stated she would prefer to hire a Senior Planner and not the
Associate Planner due to the present budget situation.
Public Services Director Bruce Ambo stated it would be in the City's best interest to hire
a Senior Planner, which is a cost saving by not hiring a Planning Manager, and hire an
Associate Planner as soon as possible.
MOTION: Councilmember DeMeritt moved the City Council approve hiring a Senior
Planner at this time, and postpone the hiring of an Associate Planner until
the mid -year budget review. The motion was seconded by
Councilmember Winholtz and failed with Councilmember Grantham,
Councilmember Peirce and Mayor Peters voting no. (2-3)
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)
A-8 CONTINUATION OF EMERGENCY PER PUBLIC CONTRACT CODE
SECTION 22050 FOR THE INSTALLATION OF DESALINATION PLANT
ENERGY RECOVERY EQUIPMENT; (PUBLIC SERVICES)
® Councilmember DeMeritt requested staff to address this item for public information.
Utilities/Capital Projects Manager Dylan Wade reviewed information on the City's
current water supply.
6
® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — OCTOBER 27, 2008
MOTION: Councilmember DeMeritt moved the City Council approve Item A-8 of
the Consent Calendar. The motion was seconded by Councilmember
Grantham and carried unanimously. (5-0)
A-9 AUTHORIZATION TO FILL THE ASSOCIATE PLANNER VACANCY;
(PUBLIC SERVICES)
MOTION: Councilmember Peirce moved the City Council approve Item A-9 of the
Consent Calendar. The motion was seconded by Councilmember
Grantham and carried with Councilmember DeMeritt and Councilmember
Winholtz voting no. (3-2)
B. PUBLIC HEARINGS. REPORTS &•APPEARANCES
B-1 APPROVAL OF RESOLUTION NO. 66-08 ACCEPTING $100,000 GRANT
FROM THE STATE OF CALIFORNIA CITIZENS OPTION FOR PUBLIC
SAFETY (COPS) PROGRAM; (POLICE)
Police Chief John DeRohan stated since 1996, the Citizen's Option for Public Safety
® (COPS) established by AB 1913 and codified as Government Code Section 30061, has
been distributing State grant funds to local law enforcement agencies to supplement front
line law enforcement services. This year the Police Department is scheduled to receive a
minimum of $100,000 in COPS grant funds. These funds will be tracked separately by
the Finance Department in a separate account with any interest earned credited to the
account. Chief DeRohan recommended the City Council open the public hearing, and
adopt Resolution No. 66-08 authorizing the proposed spending plan for the $100,000
grant funds.
Mayor Peters opened the hearing for public comment; there were no comments, and Mayor
Peters closed the public comment hearing.
MOTION: Councilmember Peirce moved the City Council adopt Resolution No. 66-08
accepting $100,000 grant from the State of California Citizens Option for
Public Safety Program. The motion was seconded by Councilmember
Grantham and carried unanimously. (5-0)
C. UNFINISHED BUSINESS — NONE.
u
7
MINUTES - MORRO BAY CITY COUNCIL
® REGULAR MEETING — OCTOBER 27, 2008
D. NEW BUSINESS
D-1 PRESENTATION FROM BUXTON COMPANY ON RETAIL MARKETING
STRATEGIES FOR MORRO BAY; (PUBLIC SERVICES)
Public Services Director Bruce Ambo introduced Lisa Hill of the Buxton Company who
presented a proposal on developing a Retail Development Strategy for Morro Bay.
MOTION: Councilmember Peirce moved the City Council direct staff to return to the
November 10, 2008 City Council meeting with information on funding the
development of a Retail Development Strategy for Morro Bay. The
motion was seconded by Councilmember Grantham.
Councilmember Winholtz stated she could not support funding this proposal at this time.
Councilmember DeMeritt expressed concern that this proposal only addresses retail
development and does not include light industrial business.
VOTE: The motion carried with Councilmember DeMeritt and Councilmember
Winholtz voting no. (3-2)
® D-2 CONSIDERATION OF FINANCIAL ASSISTANCE FROM THE
AFFORDABLE HOUSING IN -LIEU FUND FOR A 15-UNIT WORK FORCE
HOUSING PROJECT AT THE SEA SHELL RETIREMENT HOME LOCATED
AT 1405 TERESA DRIVE; (PUBLIC SERVICES)
Public Services Director Bruce Ambo stated the project associated with this request was
approved by the Planning Commission on January 22, 2008 and subsequently approved
by the City Council on May 12, 2008. The applicant is requesting a total of $214,208 in
financial assistance through a credit of Building and Plan Check Fees and the remaining
balance in Affordable Housing In -Lieu Fees. The project includes three deed -restricted
affordable units for a term of 30-years, and 12 work force housing units for a total of 15
studio units. Mr. Ambo recommended the City Council direct staff to credit $43,660 in
Building and Plan Check Fees, and release $170,598 in Affordable Housing In -Lieu Fees
upon issuance of a Certificate of Occupancy for this project.
Cathy Novak, representing the applicant, gave a presentation on this project and noted the
applicant is requesting the City Council consider waiving the Building and Plan Check
Fees at this time instead of obtaining a credit. Ms. Novak stated she was available to
answer questions of the City Council.
Councilmember Winholtz stated she is supportive of low-income housing projects;
® however, she would like an exchange for the requested housing in -lieu funding for an
additional affordable unit or change all three restricted units from moderate to low
income.
MINUTES - MORRO BAY CITY COUNCIL
® REGULAR MEETING — OCTOBER 27, 2008
Councilmember Peirce stated he supports funding the $43,660 from the housing in -lieu
funding up front and releasing the $170,598 upon issuance of a Certificate of Occupancy
with the requirement that a bond is obtained for collateral.
Councilmember Grantham stated this is a good project and he supports the funding
request with the requirement that a bond is obtained.
Councilmember DeMeritt stated she does support funding the $139,500 in housing in -lieu
funds for the construction of the project; she does not support giving away sewer impact
or building permit fees.
Mayor Peters stated she supports funding this project from the in -lieu housing funds with
the requirement that a bond is obtained.
MOTION: Councilmember Grantham moved the City Council approve funding of
$214,258 from the Affordable Housing In -Lieu Funds; direct the City
Attorney to ensure the completion of the project; and approve the release
of the remaining $170,598 upon issuance of a Certificate of Occupancy.
The motion was seconded by Councilmember Peirce and carried with
Councilmember DeMeritt and Councilmember Winholtz voting no. (3-2)
® D-3 PRESENTATION FROM THE AMERICAN RED CROSS ON DISASTER
PREPAREDNESS; (COUNCIL)
This item was pulled from the agenda.
D4 DISCUSSION ON REQUIRING A BUSINESS LICENSE FROM BUSINESSES
THAT MAKE DELIVERIES WITHIN THE CITY LIMITS; (FINANCE)
Finance Director Susan Slayton stated the Municipal Code states that all businesses will
be charged a business license fee. In order to equitably treat all persons conducting
business within the Morro Bay City limits, vendors who make deliveries to Morro Bay
should pay a business license fee. Staff sent out an inquiry to other California cities to
find out how they manage delivery trucks. The majority of respondents charge a fee
unless the interstate commerce law covers the delivery vehicle. Ms. Slayton
recommended the City Council continue charging delivery vehicles a business license
fee.
MOTION: Councilmember Grantham moved the City Council direct staff to return
with an amendment to the Morro Bay Municipal Code to exempt those
companies who make deliveries in the City from paying a Business
License fee. The motion was seconded by Councilmember Peirce and
® carried unanimously. (5-0)
0
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — OCTOBER 27, 2008
D-5 CONSIDERATION OF A TWO-YEAR BUSINESS LICENSE RENEWAL
CYCLE; (FINANCE)
Finance Director Susan Slayton stated the Management Partners' report suggested the
business license renewal cycle change from an annual to a biennial process in order to
reduce the frequency of the renewal process. Ms. Slayton recommended the City
Council approve maintaining the one-year Business License renewal cycle and change
the renewal date to coincide with the business start date.
MOTION: Councilmember Winholtz moved the City Council approve maintaining
the one-year Business License renewal cycle and change the renewal date
to coincide with the business start date. The motion was seconded by
Councilmember Peirce and carried unanimously. (5-0)
D-6 DISCUSSION REGARDING AMENDING COUNCIL POLICIES &
PROCEDURES RELATED TO THE APPOINTMENT OF VICE -MAYOR, THE
APPOINTMENT OF COUNCIL MEMBERS TO DISCRETIONARY BOARDS,
THE ORDER OF BUSINESS ON THE CITY COUNCIL AGENDA, AND THE
USE OF CITY LETTERHEAD; (CITY ATTORNEY)
® City Attorney Robert Schultz stated at various Council meetings this year, the City
Council has requested staff bring back potential changes to the Policies and Procedures
Manual regarding the appointment of Vice -Mayor, the appointment of Council Members
to discretionary boards, the order of business on the City Council agenda, and the use of
City letterhead. Mr. Schultz recommended the City Council review the proposed
amendments to the City Council Policies and Procedures Manual and direct staff
accordingly.
The City Council discussed the following amendments to the City Council Policies and
Procedures:
• Maintain Moment of Silence;
• Remove "Thought of the Day";
• Add Department Head Reports;
• Add Mayor and Council Member Reports, Announcements and Presentations;
• Appointment of Vice -Mayor shall be rotated on an annual basis; when a new
Council is seated, the Vice -Mayor seat will go to the Council Member with the
most seniority that has not been Vice -Mayor within the last two years;
• County discretionary board appointments shall be appointed by majority vote of
the Council.
MOTION: Mayor Peters moved the City Council direct staff to bring back changes to
the City Council Policies and Procedures as discussed -by the City Council.
® The motion was seconded by Councilmember Peirce and carried
unanimously. (5-0)
10
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING— OCTOBER 27, 2008
D-7 DISCUSSION ON RESOLUTION NO. 11-07 AMENDING AND
ESTABLISHING GUIDELINES FOR MAJOR VEGETATION REMOVAL,
REPLACEMENT AND PROTECTION; AND MUNICIPAL CODE SECTION
12.08 (CITY TREE REGULATIONS) IN REFERENCE TO THE DEFINITION
OF LANDMARK TREES; (COUNCIL)
Councilmember Winholtz stated the City has lost a number of trees due to storm, disease,
and construction in the last decade and a half, and there are some significant, individual
trees left. Street trees currently enjoy a level of protection with some discussion about
whether City park trees are included in that umbrella; and private trees have no
protection. With the upcoming Urban Forest Management Plan, it would be helpful to
decide whether to include a place for heritage/specimen trees. Councilmember Winholtz
recommended the following: 1) decide if the Council wants a heritage/specimen tree
definition added to the Municipal Code for public and/or private trees; 2) if so, decide
what criteria Council considers significant; 3) have PWAB craft an ordinance change in
consultation with the City Attorney and City Engineer; and 4) make it part of their
discussion of the City's Urban Forest Management Plan.
MOTION: Councilmember Winholtz moved the City Council request the Public
Works Advisory Board to return to Council with a definition of
heritage/specimen trees to be added to the Municipal Code for public trees
and voluntarily -designated private trees, and make it part of their
discussion of the City's Urban Forest Management Plan. The motion was
seconded by Councilmember DeMeritt and carried unanimously. (5-0)
ADJOURNMENT
The meeting adjourned at 9:44 p.m.
Recorded by:
Jamie 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 13, 2008
PUBLIC SESSION — OCTOBER 13, 2008
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 CONSIDERATION OF REVISED RESCUE VEHICLE FUNDING; (FIRE)
RECOMMENDATION: Approve the expenditure of additional 07/08 Measure Q
funds, not to exceed $55,000, in order to complete the funding of the
previously approved rescue vehicle.
A-2 AUTHORIZATION TO FILL HOUSING PROGRAMS COORDINATOR
POSITION; (PUBLIC SERVICES)
RECOMMENDATION: Authorize filling the position.
A-3 APPROVAL ON ALTERNATIVE FUEL VEHICLES FOR THE RECREATION
® & PARKS DEPARTMENT; (RECREATION & PARKS)
RECOMMENDATION: Approve the purchase of one electric vehicle and one
hybrid vehicle for the use of Recreation and Parks Department.
B. PUBLIC HEARINGS. REPORTS & APPEARANCES
B-1 REVIEW OF MUNICIPAL CODE ORDINANCE 9.24 REGARDING THE
PROHIBITION OF SMOKING IN CITY PARKS; (RECREATION & PARKS)
RECOMMENDATION: Direct staff accordingly.
B-2 CONSIDERATION OF A RESOLUTION OF INTENT TO CONTRACT WITH
CAL FIRE PENDING ACCEPTANCE OF A CONTRACT; (FIRE)
RECOMMENDATION: Approve Resolution 62-08 allowing the City to proceed
in the process with Cal Fire and determine the actual costs for contract
services.
B-3 RECONSIDERATION OF PALM AVENUE RIGHT-OF-WAY
ABANDONMENT — PATHWAY REQUIREMENT; (PUBLIC SERVICES)
® RECOMMENDATION: Adopt Resolution 63-08 rescinding Resolution 45-08
and restating the abandonment of the street right-of-way for an undeveloped
portion of Palm Avenue that does not include a condition for the pedestrian
pathway.
C. UNFINISHED BUSINESS - NONE
0 D. NEW BUSINESS
E
D-I RESOLUTION AUTHORIZATING THE UTILITIES/CAPITAL PROJECTS
MANAGER TO ENTER INTO A CONTRACT WITH GENERAL ELECTRIC
WATER FOR ENERGY RECOVERY EQUIPMENT; (PUBLIC SERVICES)
RECOMMENDATION: Adopt Resolution 64-08 entering into a contract with
GE Water & Process Technologies as a sole source vendor in the amount of
$244,480.00 for the installation and programming of brackish water
treatment equipment and into Time and Material Contracts with local
contractors for installation support in the amount not to exceed $200,000.00
D-2 ADOPTION OF A POSITION STATEMENT FOR WEST COAST GROUND
FISH INDIVIDUAL TRANSFERABLE QUOTA (ITQ) PROGRAM IN
FEDERAL FISHERIES; (HARBOR)
RECOMMENDATION: Adopt Resolution 61-08 outlining a detailed position for
the West Coast Ground Fish Individual Transferable Quota (ITQ) program
currently being considered by federal fisheries managers.
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.
MATERIALS RELATED TO AN ITEM ON THIS AGENDA SUBMITTED TO THE CITY
COUNCIL AFTER DISTRIBUTION OF THE AGENDA PACKET ARE AVAILABLE FOR
PUBLIC INSPECTION AT CITY HALL LOCATED AT 595 HARBOR STREET; MORRO BAY
LIBRARY LOCATED AT 625 HARBOR STREET; AND MILL'S COPY CENTER LOCATED AT
495 MORRO BAY BOULEVARD DURING NORMAL BUSINESS HOURS
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
REGULAR MEETING — OCTOBER 13, 2008
VETERANS MEMORIAL HALL - 6:00 P.M.
11
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: Andrea Lueker
Robert Schultz
Bridgett Bauer
Rick Algert
Bruce Ambo
John DeRohan
Rob Livick
Mike Pond
Susan Slayton
Dylan Wade
Joe Woods
City Manager
City Attorney
City Clerk
Harbor Director
Public Services Director
Police Chief
City Engineer
Fire Chief
Administrative Services Director
Utilities/Capital Projects Manager
Recreation & Parks 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 agenda.
PUBLIC COMMENT
Bill Black addressed the number of tickets sold by the Friends of the Morro Bay Police,
Friends of the Morro Bay Fire and Rotary, which the winning ticket won a 2008 Prius.
Keith Taylor acknowledged those who sponsored the Rock -to -Rock Fun Run that
benefited the Morro Bay Community Foundation.
Ken Vesterfelt stated the Morro Bay Boulevard/Quintana Road roundabout is moving
very smoothly. He also thanked those who sponsor the annual Thanksgiving dinner.
John Barta addressed the proposed conference center and the lack of parking on the
Embarcadero.
Kathy Wells expressed concern with the Council's action in not renewing the lease for
the Outrigger Restaurant.
® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — OCTOBER 13, 2008
Cristie Hale, representing the Recreation & Parks Commission, requested Council
consider the recommendation of the Commission to ban smoking at City parks and
designate the parking lots as smoking areas.
Noah Smukler thanked the City on the State Water update that was sent out to residents.
He also expressed support for Item A-3 (Approval On Alternative Fuel Vehicles For The
Recreation & Parks Department) and requested the City promote replacing other
departmental vehicles with alternative vehicles. Mr. Smukler addressed Item D-2
(Adoption Of A Position Statement For West Coast Ground Fish Individual Transferable
Quota Program In Federal Fisheries) noting the importance of local control for the fishing
community.
Carla Borchard addressed the Morro Bay 4-H Club and what it has to offer. She invited
the public to the 4-H Club farm in mid -April to see the various animals.
Roger Ewing expressed support for Item A-3; however, he questioned the cost of $32,000
for a hybrid truck.
® Garry Johnson addressed the importance of bringing business to Morro Bay.
Mayor Peters closed the hearing for public comment.
Mayor Peters called for a break at 7:12 p.m.; the meeting resumed at 7:21 p.m.
DECLARATION OF FUTURE AGENDA ITEMS
Councilmember Winholtz requested to agendize a discussion on the request from Dynegy
to extend their lease on the October 27, 2008 Closed Session agenda; 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 CONSIDERATION OF REVISED RESCUE VEHICLE FUNDING; (FIRE)
RECOMMENDATION: Approve the expenditure of additional 07/08 Measure Q
funds, not to exceed $55,000, in order to complete the funding of the
previously approved rescue vehicle.
u
® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — OCTOBER 13, 2008
A-2 AUTHORIZATION TO FILL HOUSING PROGRAMS COORDINATOR
POSITION; (PUBLIC SERVICES)
RECOMMENDATION: Authorize filling the position.
A-3 APPROVAL ON ALTERNATIVE FUEL VEHICLES FOR THE RECREATION
& PARKS DEPARTMENT; (RECREATION & PARKS)
RECOMMENDATION: Approve the purchase of one electric vehicle and one
hybrid vehicle for the use of Recreation and Parks Department.
Councilmember DeMeritt pulled Item A-3 from the Consent Calendar.
MOTION: Councilmember Grantham moved the City Council approve Items A-1 and
A-2 on the Consent Calendar. The motion was seconded by
Councilmember Winholtz and carried unanimously. (5-0)
A-3 APPROVAL ON ALTERNATIVE FUEL VEHICLES FOR THE RECREATION
& PARKS DEPARTMENT; (RECREATION & PARKS)
® Councilmember DeMeritt requested staff clarification on the purchase of a Ford Escape
Hybrid vs. a hybrid truck for the same money.
Recreation & Parks Director Joe Woods responded there was a need for a vehicle for the
Superintendent of Parks, which does not require hauling equipment. He said this vehicle
would also be used as a pool car for the department.
Councilmember Winholtz stated she would prefer the purchase of a hybrid vehicle vs. a
hybrid sports utility vehicle.
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)
B. PUBLIC HEARINGS. REPORTS & APPEARANCES
B-I REVIEW OF MUNICIPAL CODE ORDINANCE 9.24 REGARDING THE
PROHIBITION OF SMOKING IN CITY PARKS; (RECREATION & PARKS)
Recreation & Parks Director Joe Woods stated Morro Bay Municipal Code Section
924.020 states: "smoking is prohibited and is unlawful within the boundaries of any City
® beach and on the City t-piers." Furthermore, the State of California prohibits smoking
c
® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — OCTOBER 13, 2008
within 25 feet of playgrounds and tot lots. Mr. Woods recommended the City Council
consider the following two options pertaining to the review of Ordinance 9.24: 1) Take
no action, leaving the existing Ordinance in place and rely on State regulations for public
park applications; or, 2) consider a more stringent regulation than currently exists under
State law.
Mayor Peters opened the hearing for public comment.
Mary Ann Britton, representing the Estero Bay Youth Coalition introduced the following
students who requested Council's consideration in prohibiting smoking in City parks:
Holly Lingabrett, Nina Goldberg, Josh Panko, Ellen (no last name), Emily Gacad, Lillian
Campbell, Niko Yaroslaski, Melissa Martinez, Audrey (no last name), Matilda Lowrie,
and Brian Crill.
Noah Smukler expressed support for the ban of smoking in City parks; however, did
suggest allowing a designated area for smoking with receptacles for disposal of butts.
Christina Lefevre, San Luis Obispo County Tobacco Control Coalition shared
information on data received on smoke -free outdoor areas.
® Peter Risley addressed the effects of tobacco addiction, and requested Council's
consideration on the ban of smoking at City parks.
E
Nita Kenyon, Estero Bay Youth Coalition expressed support for the Parks & Recreation
Commission recommendation to ban smoking in City parks, and not allow smoking in
parking lots.
Mayor Peters closed the public comment hearing.
Councilmember DeMeritt stated there should be a provision for butt -containers in
designated areas; she does not support a more stringent law that is unenforceable.
Councilmember Grantham stated this proposal is very restrictive and does not allow for
personal freedom of rights. He said there is already a law that addresses smoking in
public places.
Councilmember Peirce stated he supports the ban of smoking in parks, but not in parking
lots.
Councilmember Winholtz stated she could support an extension of the distance required
by the current law, but does not support banning smoking completely.
H
® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — OCTOBER 13, 2008
Mayor Peters stated she supports the recommendation made by the Park & Recreation
Commission to ban smoking in City parks, which tends to be self -enforcing.
MOTION: Councilmember DeMeritt moved the City Council take no action leaving
the existing Ordinance in place and rely on State regulations for public
park applications. The motion was seconded by Councilmember
Grantham.
Councilmember Winholtz requested an amendment to the motion for the consideration of
placing butt -containers in the parking lots at the entrance of City parks.
Councilmember DeMeritt accepted the amendment to her motion; Councilmember
Grantham accepted the amendment to his second.
VOTE: The motion carried with Councilmember Peirce and Mayor
Peters voting no. (3-2)
B-2 CONSIDERATION OF A RESOLUTION OF INTENT TO CONTRACT WITH
CAL FIRE PENDING ACCEPTANCE OF A CONTRACT; (FIRE)
® Fire Chief Mike Pond stated a contract with Cal Fire might provide a means to deliver
comparable fire and emergency services at a cost savings to the City. A Cal Fire contract
could also provide an opportunity for the City to address disparity in compensation
between Morro Bay Fire Fighters and peer fire departments within San Luis Obispo
County. It is staffs opinion that a Cal Fire contract alone will not improve services
unless there are adequate cost savings available for the City Council to fund additional
staffing levels. Once a service level is established for contract negotiations, the
discussion should focus on which department or agency is more cost effective as the
services provided by each will be substantially equal. Currently, the City does not have
an official cost analysis or negotiated contract to confirm which delivery system can
provide the desired level of service at the lowest cost. Approving this resolution will
initiate a negotiation process whereby Morro Bay staff and Cal Fire staff will identify and
negotiate all costs and transitional issues based on the City Council's desired level of
service. Chief Pond recommended the City Council adopt Resolution No. 62-08, which
would allow the City to proceed further in the process with Cal Fire and determine the
actual costs for contract services.
Mayor Peters opened the hearing for public comment.
1
5
® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — OCTOBER 13, 2008
Ariane Leiter, Morro Bay Fire Fighter Association, requested Council's support in
proceeding further in the process with Cal Fire and determining the actual costs for
contract services. She stated this contract could provide an increase in service at a lower
cost to the City.
Ken Vesterfelt, Cal Fire Advisory Ad -Hoc Committee, stated this could provide an
opportunity for our fire fighters to advance in their position. He said the citizens have
already lent their support for a higher level of public safety service.
Noah Smukler stated the City owes it to the Fire Department to continue the process with
Cal Fire. He also suggested the consideration of a volunteer fire department in the case of
potential fiscal challenges to help augment our paid fire fighters.
Jeff Jones, past Morro Bay Fire Chief, due to the City's budgetary challenges, he urged
Council's support in proceeding in the process with Cal Fire in determining the actual
costs for contract services.
Carla Borchard stated the option of staffing four fire fighters would be a cost savings to
the City because there would only be a need for one paramedic per shift.
® Mayor Peters closed the public comment hearing.
Councilmember Grantham stated he supports to continue the process with Cal Fire and
determine the actual costs for contract services.
Councilmember DeMeritt stated the initial cost to contract with Cal Fire is unaffordable
for the City. She said she has always supported having four fire fighters on duty and paid
from Measure Q funds. Councilmember DeMeritt stated there have also been
alternatives suggested, such as a utility user tax, to maintain a local fire station.
Councilmember Winholtz stated the cost of overtime pay as well as the other costs would
be unaffordable to the City. She said she would prefer staffing in-house rather than
contracting fire services out. Councilmember Winholtz stated it is unfair to continue the
process with Cal Fire knowing the City does not have the funds to move forward.
Councilmember Peirce stated the City should continue the process with Cal Fire in order
to determine the actual costs.
Mayor Peters stated she supports our fire fighters with their request to continue the
process with Cal Fire in order to determine actual costs.
R
® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — OCTOBER 13, 2008
MOTION: Councilmember Grantham moved the City Council adopt Resolution No.
62-08 allowing the City to proceed in the process with Cal Fire and
determine the actual costs for contract services. The motion was seconded
by Councilmember Peirce.
Councilmember Winholtz expressed opposition to the motion not only for financial
issues, but also that it would create a loss of control for the City.
VOTE: The motion 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-3 RECONSIDERATION OF PALM AVENUE RIGHT-OF-WAY
ABANDONMENT — PATHWAY REQUIREMENT; (PUBLIC SERVICES)
City Engineer Rob Livick stated at the August 25, 2008 City Council meeting, Council
placed the reconsideration of the Palm Avenue Right -of -Way Abandonment without the
walkway requirement on the Council agenda. It is the opinion of the City Engineer that
® the walkway is problematic because it will terminate at the northeasterly side of Main
Street, which has no pedestrian facilities and would require the pedestrian to cross Main
Street mid -block to access the Class I multiuse trail on the southwesterly side of Main
Street. The existing street intersections of Walnut Street, Oak Street and Shasta Avenue
appear to be better locations for pedestrian crossing. The proposal can be found
consistent with the California Streets and Highways Code and the City's General Plan
and Local Coastal Plan, with the revised conditions. The proposal is exempt under the
general rule pursuant to State CEQA Guidelines, and the required findings can be made
to recommend abandonment to the City Council for approval. Mr. Livick recommended
the City Council adopt Resolution No. 63-08 rescinding Resolution No. 45-08 and
restating the abandonment of the street right-of-way for an undeveloped portion of Palm
Avenue that does not include a condition for the pedestrian pathway.
Cathy Novak, representing the property owners, stated the proposed walkway is
problematic and creates a safety issue for pedestrians in that area of Main Street. She
said Resolution No. 45-08 did not adequately address the relief of liability on the
property owners in conjunction with the construction and maintenance of the pedestrian
path. Ms. Novak noted Palm Avenue is visually degrading the neighborhood because the
street is in disrepair and the balance of the right-of-way area is a weed patch and a trash
collector, and the property owners would like to clean up and beautify this area with a
landscaping plan that would include native and drought -tolerant plants. She said this
abandonment would clean up the visual blight, provide attractive landscaping, remove a
® non-functional street that the City is now required to maintain, and also provides view -
VA
® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — OCTOBER 13, 2008
shed protection for the neighbors. Ms. Novak stated the conditions placed on this project
to date are overly burdensome and continuing with this would make it difficult for the
property owners to do the project, which would not be in the best interest of the property
owners or the community. She requested the City Council adopt Resolution No. 63-08
rescinding Resolution No. 45-08 and restating the abandonment of the street right-of-way
for an undeveloped portion of Palm Avenue that does not include a condition for the
pedestrian pathway.
Mayor Peters opened the hearing for public comment; there were no comments and Mayor
Peters closed the public comment hearing.
Mayor Peters stated she supports reconsidering the abandonment along with the
consideration of obtaining parking spaces on Walnut Street.
Councdmember Winholtz expressed concern with the City giving away property and
receiving nothing in return, which is inappropriate. She said the property owners should
pay for their encroachment. Councilmember Winholtz stated until the City receives some
is benefit for this abandonment, she will vote in opposition.
Councilmember Peirce stated the residents of this neighborhood would be better off if the
City would pave the street. He said he will support the adoption of Resolution No. 63-08.
Councilmember Grantham stated this property is in bad disrepair and is a liability issue
for the City, and he is in support of adopting Resolution No. 63-08.
Councilmember DeMeritt stated she does not support this proposed abandonment
because it is setting precedent in giving away public property with no benefit to the City.
MOTION: Councilmember Winholtz moved the City Council deny the abandonment
of the street right-of-way for an undeveloped portion of Palm Avenue, and
request the property owners' pay for the encroachment on this property.
Motion dies for a lack of a second.
MOTION: Councilmember Grantham moved the City Council adopt Resolution 63-08
rescinding Resolution 45-08 and restating the abandonment of the street
right-of-way for an undeveloped portion of Palm Avenue that does not
include a condition for the pedestrian pathway. The motion was seconded
by Councilmember Peirce and carried with Councilmember DeMeritt and
Councilmember Winholtz voting no. (3-2)
H
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — OCTOBER 13, 2008
C. UNFINISHED BUSINESS — None.
D. NEW BUSINESS
D-1 RESOLUTION AUTHORIZATING THE UTILITIES/CAPITAL PROJECTS
MANAGER TO ENTER INTO A CONTRACT WITH GENERAL ELECTRIC
WATER FOR ENERGY RECOVERY EQUIPMENT; (PUBLIC SERVICES)
Utilities/Capital Projects Manager Dylan Wade stated authorization to enter into this
contract with General Electric Water provides control panels, engineering support,
miscellaneous equipment and field services necessary to install the brackish treatment
trains previously ordered. This equipment serves the purpose of treating for high nitrate
groundwater and helps assure a safe and adequate water supply during the upcoming
year. He recommended the City Council adopt Resolution No. 64-08 authorizing the
Utilities/Capital Projects Manager to enter into a contract with General Electric Water &
Process Technologies as a sole source vendor in the amount of $244,480 for the
installation and programming of brackish water treatment equipment and to enter into
Time and Material Contracts with local contractors for installation support in an amount
not to exceed $200,000.
MOTION: Councilmember Peirce moved the City Council adopt Resolution 64-08
entering into a contract with GE Water & Process Technologies as a sole
source vendor in the amount of $244,480.00 for the installation and
programming of brackish water treatment equipment and into Time and
Material Contracts with local contractors for installation support in the
amount not to exceed $200,000.00. The motion was seconded by
Councilmember Grantham and carried unanimously. (5-0)
D-2 ADOPTION OF A POSITION STATEMENT FOR WEST COAST GROUND
FISH INDIVIDUAL TRANSFERABLE QUOTA (ITQ) PROGRAM IN
FEDERAL FISHERIES; (HARBOR)
Harbor Director Rick Algert stated in November 2008, the Pacific Fishery Management
Council (PFMC) expects to adopt a plan for transitioning the West Coast ground fish
trawl industry from one based on permits and trip limits to an Individual Transferable
Quota (ITQ) where harvesters receive an annual guaranteed allocation based on their
permit's catch history. The terms under which the PFMC elects to implement the new
ITQ fishery will have major impacts on the fishing businesses and communities such as
Morro Bay which have been economically and culturally dependent on ground fish. On
the Central Coast of California a partnership of the City of Morro Bay, Port San Luis
Harbor District, local fishing associations and conservation groups is working to
® transition its local fisheries to greater economic and environmental stability. Mr. Algert
I.]
® MD1UTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — OCTOBER 13, 2008
recommended the City Council adopt Resolution No. 61-08 to outline a detailed position
for the West Coast Ground Fish Individual Transferable Quota program currently being
considered by federal fisheries managers.
MOTION: Councilmember Grantham moved the City Council adopt Resolution 61-08
outlining a detailed position for the West Coast Ground Fish Individual
Transferable Quota (ITQ) program currently being considered by federal
fisheries managers. The motion was seconded by Councilmember Peirce
and carried unanimously. (5-0)
ADJOURNMENT
The meeting adjourned at 10:12 p.m.
Recorded by:
Bridgett Bauer
City Clerk
n
U
10
NOTICE OF
SPECIAL JOINT MEETING
OF THE
MORRO BAY CITY COUNCIL
AND THE
COMMUNITY PROMOTIONS COMMITTEE
NOTICE IS HEREBY GIVEN that the Morro Bay City
Council and the Morro Bay Community Promotions Committee
will be holding a Joint Meeting on Monday, October 13, 2008 at
® 5:00 p.m. to be held in the Veterans' Memorial Building, 209
Surf Street, Morro Bay, California.
IN COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT, IF YOU NEED
SPECIAL ASSISTANCE TO PARTICIPATE IN A CITY MEETING, PLEASE CONTACT THE
CITY CLERK'S OFFICE AT LEAST 24 HOURS PRIOR TO THE MEETING TO INSURE THAT
REASONABLE ARRANGEMENTS CAN BE MADE TO PROVIDE ACCESSIBILITY TO THE
M E ETING.
Dated: October 8, 2008
4amie Boucher, Deputy City Clerk
City of Morro Bay
City Council Agenda
Mission Statement
The City of Morro Bay is dedicated to the preservation and enhancement of the quality
of life The City shall be committed to this purpose and will provide a level of
municipal service and safety consistent with and responsive to the needs of the public.
REGULAR MEETING — SEPTEMBER 22, 2008
CLOSED SESSION — SEPTEMBER 22, 2008
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 City Manager, the City's Designated
® Representative, for the purpose of reviewing the City's position regarding the
terms and compensation paid to the City Employees and giving instructions to the
Designated Representative.
CS-2 GOVERNMENT CODE SECTION 54956.8; REAL PROPERTY
TRANSACTIONS. Instructing City's real property negotiator regarding the price
and terms of payment for the purchase, sale, exchange, or lease of real property as
to one (1)) parcel.
Property: 35W and 36W adjacent to 235 Main Street
Negotiating Parties: Martony, Pekarek and City of Morro Bay.
Negotiations: Lease Terms and Conditions.
IT IS NOTED THAT THE CONTENTS OF CLOSED SESSION MEETINGS
ARE CONFIDENTIAL AND EXEMPT FROM DISCLOSURE.
El
PUBLIC SESSION — SEPTEMBER 22, 2008
® 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 REGULAR CITY COUNCIL MEETING
OF SEPTEMBER 8, 2008; (ADMINISTRATION)
0 RECOMMENDATION: Approve as submitted
A-2 RESOLUTION NO. 58-08 APPROVING OF NEW LEASE AGREEMENT FOR
LEASE SITE 129W-131W LOCATED AT 1215 EMBARCADERO WITH
MORRO BAY FISH COMPANY; (HARBOR)
RECOMMENDATION: Adopt Resolution No. 58-08.
A-3 RESOLUTION NO. 59-08 APPROVING OF NEW LEASE AGREEMENT FOR
LEASE SITE 132W-133W LOCATED AT 1235 EMBARCADERO WITH
TOGNAZZMI FAMILY, INC.; (HARBOR)
RECOMMENDATION: Adopt Resolution No. 59-08.
A-4 RESOLUTION NO. 57-08 APPROVING SUBLEASE AGREEMENT FOR A
PORTION OF LEASE SITE 124-128/124W-128W LOCATED AT 1215
EMBARCADERO BETWEEN VIRG'S LANDING, INC. AND SLO DIVERS;
(HARBOR)
RECOMMENDATION: Adopt Resolution No. 57-08.
A-5 APPROVAL OF RESOLUTION NO. 60-08 FOR APPROVAL OF LEASE
AGREEMENT FOR REAL PROPERTY LOCATED AT 1700
® EMBARCADERO, JOINTLY OWNED BY THE CITY OF MORRO BAY AND
CAYUCOS SANITARY DISTRICT, WITH MORRO DUNES TRAVEL
TRAILER PARK & RESORT CAMPGROUNDS; (HARBOR)
RECOMMENDATION: Adopt Resolution No. 60-08.
A-6 RESOLUTION NO. 56-08 TO JOIN INTERNATIONAL COUNCIL FOR
LOCAL ENVIRONMENTAL INITIATIVES - LOCAL GOVERNMENTS FOR
SUSTAINABILITY IN ORDER TO CONDUCT A GREENHOUSE GAS
EMISSIONS INVENTORY FOR THE CITY OF MORRO BAY; (PUBLIC
SERVICES)
RECOMMENDATION: Adopt Resolution No. 56-08.
A-7 PROCLAMATION DECLARING OCTOBER 5-11, 2008 AS "NATIONAL
FIRE PREVENTION WEEK"; (FIRE)
RECOMMENDATION: Adopt Proclamation.
A-8 PROCLAMATION DECLARING SEPTEMBER 27, 2008 AS "SAN LUIS
OBISPO COUNTY CREEK DAY"; (PUBLIC SERVICES)
® RECOMMENDATION: Adopt Proclamation.
3
B. PUBLIC HEARINGS. REPORTS & APPEARANCES
B-1 EXTENSION OF AN INTERIM URGENCY ORDINANCE MODIFYING THE
DEVELOPMENT REVIEW FOR PARCELS IN THE R-I DISTRICT ZONE
THAT EXCEED 2,500 SQUARE FEET PENDING COMPLETION OF
STUDIES AND THE PREPARATION OF AN UPDATE TO THE CITY'S
ZONING CODE; (CITY ATTORNEY)
RECOMMENDATION: Adopt Interim Urgency Ordinance No. 543.
B-2 RECONSIDERATION OF THE DENIAL OF A REQUEST FOR A TWO -LOT
SUBDIVISION AT 735 CABRILLO PLACE PURSUANT TO COURT
ORDER; (PUBLIC SERVICES)
RECOMMENDATION: Deny the appeal and make the necessary findings to
deny the requested lot split at 735 Cabrillo Place.
B-3 CONCEPT PLAN APPROVAL FOR THE EMBARCADERO CONFERENCE
CENTER LOCATED AT 801-833 EMBARCADERO, UPO-212; (PUBLIC
SERVICES)
RECOMMENDATION: Approve the Mitigated Negative Declaration and
conditionally approve the Concept Plan.
® C. UNFINISHED BUSINESS
C-1 STATUS REPORT ON THE AGP CONTRACT AND CONSIDERATION OF
PROVIDING WEB STREAMING OF COUNCIL MEETINGS;
(ADMINISTRATION)
RECOMMENDATION: Receive 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.
MATERIALS RELATED TO AN ITEM ON THIS AGENDA SUBMITTED TO THE CITY
COUNCIL AFTER DISTRIBUTION OF THE AGENDA PACKET ARE AVAILABLE FOR
PUBLIC INSPECTION AT CITY HALL LOCATED AT 595 HARBOR STREET; MORRO BAY
LIBRARY LOCATED AT 625 HARBOR STREET; AND KILL'S COPY CENTER LOCATED AT
495 MORRO BAY BOULEVARD DURING NORMAL BUSINESS HOURS
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 — SEPTEMBER 22, 2008
CITY HALL CONFERENCE ROOM - 5:00 P.M.
Mayor Peters called the meeting to order at 5:00 p.m
PRESENT: Janice Peters
Mayor
Melody DeMeritt
Councilmember
Rick Grantham
Councilmember
William Peirce
Councilmember
Betty Winholtz
Councilmember
STAFF: Andrea Lueker City Manager
Robert Schultz City Attorney
Susan Slayton Administrative Services Director
Rick Algert Harbor Director
CLOSED SESSION
MOTION: Councilmember DeMeritt moved the meeting be adjourned to Closed
Session. The motion was seconded by Councilmember Grantham 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 City Manager, the City's Designated
Representative, for the purpose of reviewing the City's position regarding the
terms and compensation paid to the City Employees and giving instructions to the
Designated Representative.
CS-2 GOVERNMENT CODE SECTION 54956.8; REAL PROPERTY
TRANSACTIONS. Instructing City's real property negotiator regarding the price
and terms of payment for the purchase, sale, exchange, or lease of real property as
to one (1)) parcel.
Property: 35W and 36W adjacent to 235 Main Street
Negotiating Parties: Martony, Pekarek and City of Morro Bay.
Negotiations: Lease Terms and Conditions.
The meeting adjourned to Closed Session at 5:00 p.m. and returned to regular session at
5:55 p.m.
MOTION: Councilmember Peirce moved the meeting be adjourned. The motion was
seconded by Councilmember Grantham and unanimously carried.
(5-0)
® The meeting adjourned at 5:55 p.m.
11
E
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — SEPTEMBER 22, 2008
VETERANS MEMORIAL HALL - 6:00 P.M.
Mayor Peters called the meeting to order at 6:05 p.m.
PRESENT: Janice Peters Mayor
Melody DeMeritt
Rick Grantham
William Peirce
Betty Winholtz
STAFF: Andrea Lueker
Robert Schultz
Jamie Boucher
Rick Algert
Bruce Ambo
John DeRohan
Steve Knuckles
Susan Slayton
Joe Woods
Mike Prater
Rachel Grossman
ESTABLISH QUORUM AND CALL TO ORDER
MOMENT OF SILENCE
PLEDGE OF ALLEGIANCE
Councilmember
Councilmember
Councilmember
Councilmember
City Manager
City Attorney
Deputy City Clerk
Harbor Director
Public Services Director
Police Chief
Fire Captain
Administrative Services Director
Recreation & Parks Director
Planning Manager
Associate 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
Keith Taylor acknowledged the Chamber of Commerce for the Avocado Margarita
Festival, which was a huge success. He also noted that all the bricks have been sold for
the first phase of the Fire Department, and the money raised will help defray costs to the
Morro Bay Fire Reserves who attend Paramedic School.
Bill Black stated the Friends of the Morro Bay Police, Friends of the Morro Bay Fire and
Rotary are selling raffle tickets to win a Prius, and other monetary awards and the
winning tickets would be pulled at the Harbor Festival.
Anita Ayoob and Mary Stallard, members of the Morro Bay Pups invited pet owners to
come to Del Mar Park on Saturday, October 4`" to get their pets' picture taken.
2
MINUTES - MORRO BAY CITY COUNCIL
® REGULAR MEETING — SEPTEMBER 22, 2008
Ken Smokoska, volunteer with the Sierra Club and leader of the Climate Protection
Campaign thanked Council for signing the Climate Protection Agreement along with 650
other cities. He expressed support for Item A-6 (Resolution No. 56-08 To Join
International Council For Local Environmental Initiatives - Local Governments For
Sustainability In Order To Conduct A Greenhouse Gas Emissions Inventory For The City
Of Morro Bay).
Bill Martony congratulated the Chamber and Morro Bay on the success of the Avocado
& Margarita Festival. He encouraged people to continue their support of the local
avocado industry all year long. Mr. Martony emphasized that water is critical to avocado
growers and noted tertiary water treatment would be helpful to their industry.
Nancy Bast addressed Item A-2 (Resolution No. 58-08 Approving Of New Lease
Agreement For Lease Site 129W-131 W Located At 1215 Embarcadero With Morro Bay
Fish Company) and Item A-3 (Resolution No. 59-08 Approving Of New Lease
Agreement For Lease Site 132W-133W Located At 1235 Embarcadero With Tognazzini
Family, Inc.), and noted she is pleased to see that Morro Bay has a bona -fide fish buyer to
take over this dock. She expressed concern with dividing the dock up with two
competing fish buyers in a small space, and there may be an unfair advantage to the
restaurant owner. Ms. Bast also expressed concern that there are too many unknown
® costs and unforeseen problems not under warranty with the ice plant.
Nancy Castle announced the public will be able to view meetings on their computers at
www.slospan.org or through the City's website via a live -stream on Channel 20. She
also announced that Chess Live would be performing at the Harbor Festival.
Claire Grantham invited the public to Sierra Vista Hospital on Saturday, October 181s
from 8-1 lam for free flu shots.
Doug Claassen requested Council's support in approving Item A-5 (Approval Of
Resolution No. 60-08 For Approval Of Lease Agreement For Real Property Located At
1700 Embarcadero, Jointly Owned By The City Of Morro Bay And Cayucos Sanitary
District, With Morro Dunes Travel Trailer Park & Resort Campgrounds).
Noah Smuckler encouraged the City Council to revitalize the City's Adopt -a -Tree
Program as part of the Urban Tree Management Plan. He also thanked Morro Bay
Beautiful for their $5,000 donation to get this program restarted.
Ed Ewing expressed support for Items A-2 and A-3, noting it will be a positive working
relationship between the two lessees.
3
MINUTES - MORRO BAY CITY COUNCIL
® REGULAR MEETING — SEPTEMBER 22, 2008
Ken Vesterfelt congratulated Gerry Doris on her retirement from the local business Best
Friends, and thanked her for her continued efforts at revitalizing the downtown business
district. He also addressed a parking problem on Atascadero Road as well as Quintana
Road where people are using these areas as used car lots; he requested the City consider
instituting a no parking zone between 11:00 p.m. — 6:00 a.m.
Hank Roth stated he recently attended a workshop in Sacramento and was introduced to a
program called "Rad Kids", which is a program that teaches kids how to protect
themselves against their environment. He said he is hoping to bring this program to the
elementary school in Morro Bay.
Mayor Peters closed the hearing for public comment.
DECLARATION OF FUTURE AGENDA ITEMS
Councilmember DeMeritt requested to agendize an item to re-establish the Adopt -a -Tree
Program.
Councilmember Grantham requested to agendize a discussion on makeshift car lots and
parking time limits on City streets.
® Councilmember Peirce requested to agendize a presentation from the Buckston Group, a
market research company that studies consumer -spending habits in an effort to bring new
business to Morro Bay.
Councilmember Winholtz requested to agendize her presentation on what defines a
Landmark Tree in October.
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 SEPTEMBER 8, 2008; (ADMINISTRATION)
RECOMMENDATION: Approve as submitted.
A-2 RESOLUTION NO. 58-08 APPROVING OF NEW LEASE AGREEMENT
FOR LEASE SITE 129W-131 W LOCATED AT 1215 EMBARCADERO WITH
MORRO BAY FISH COMPANY; (HARBOR)
® RECOMMENDATION: Adopt Resolution No. 58-08.
0
MINUTES - MORRO BAY CITY COUNCIL
® REGULAR MEETING — SEPTEMBER 22, 2008
A-3 RESOLUTION NO. 59-08 APPROVING OF NEW LEASE AGREEMENT FOR
LEASE SITE 132W-133W LOCATED AT 1235 EMBARCADERO WITH
TOGNAZZINI FAMILY, INC.; (HARBOR)
RECOMMENDATION: Adopt Resolution No. 59-08.
A4 RESOLUTION NO. 57-08 APPROVING SUBLEASE AGREEMENT FOR A
PORTION OF LEASE SITE 124-128/124W-128W LOCATED AT 1215
EMBARCADERO BETWEEN VIRG'S LANDING, INC. AND SLO DIVERS;
(HARBOR)
RECOMMENDATION: Adopt Resolution No. 57-08.
A-5 APPROVAL OF RESOLUTION NO. 60-08 FOR APPROVAL OF LEASE
AGREEMENT FOR REAL PROPERTY LOCATED AT 1700
EMBARCADERO, JOINTLY OWNED BY THE CITY OF MORRO BAY AND
CAYUCOS SANITARY DISTRICT, WITH MORRO DUNES TRAVEL
TRAILER PARK & RESORT CAMPGROUNDS; (HARBOR)
RECOMMENDATION: Adopt Resolution No. 60-08.
® A-6 RESOLUTION NO. 56-08 TO JOIN INTERNATIONAL COUNCIL FOR
LOCAL ENVIRONMENTAL INITIATIVES - LOCAL GOVERNMENTS FOR
SUSTAINABILITY IN ORDER TO CONDUCT A GREENHOUSE GAS
EMISSIONS INVENTORY FOR THE CITY OF MORRO BAY; (PUBLIC
SERVICES)
RECOMMENDATION: Adopt Resolution No. 56-08.
A-7 PROCLAMATION DECLARING OCTOBER 5-11, 2008 AS "NATIONAL
FIRE PREVENTION WEEK"; (FIRE)
RECOMMENDATION: Adopt Proclamation.
A-8 PROCLAMATION DECLARING SEPTEMBER 27, 2008 AS "SAN LUIS
OBISPO COUNTY CREEK DAY"; (PUBLIC SERVICES)
RECOMMENDATION: Adopt Proclamation.
Councilmember Winholtz pulled items A-1, A-2, A-3, A-4, and A-5 from the Consent
Calendar; Councilmember DeMeritt pulled Item A-8.
® MOTION: Councilmember Winholtz moved the City Council approve Items A-6 and
A-7 of the Consent Calendar. The motion was seconded by
Councilmember DeMeritt and carried unanimously. (5-0)
5
MINUTES - MORRO BAY CITY COUNCIL
® REGULAR MEETING — SEPTEMBER 22, 2008
A-1 APPROVAL OF MINUTES FOR THE REGULAR CITY COUNCIL MEETING
OF SEPTEMBER 8, 2008; (ADMINISTRATION)
Councilmember Winholtz requested the following amendment to the minutes of
September 8, 2008, page 7 "...1) 1.0 floor -to -area ratio less than normal setbacks such as
Los Angeles..."
MOTION: Councilmember Winholtz moved the City Council approve Item AA of
the Consent Calendar as amended. The motion was seconded by
Councilmember Grantham and carried unanimously. (5-0)
A-2 RESOLUTION NO. 58-08 APPROVING OF NEW LEASE AGREEMENT
FOR LEASE SITE 129W-131 W LOCATED AT 1215 EMBARCADERO WITH
MORRO BAY FISH COMPANY; (HARBOR)
Councilmember Winholtz asked for clarification on the metering of water and electricity
on the dock; about the grant status accepted by the conservancy to help with the ice
plant; and the letter Council received from John Lindsay regarding over -crowding of this
area.
Harbor Director Rick Algert reviewed the proposed lease agreement for clarification.
MOTION: Councilmember Peirce moved the City Council approve Item A-2 of the
Consent Calendar. The motion was seconded by Councilmember
Grantham and carried with Councilmember Winholtz voting no. (4-1)
A-3 RESOLUTION NO. 59-08 APPROVING OF NEW LEASE AGREEMENT FOR
LEASE SITE 132W-133W LOCATED AT 1235 EMBARCADERO WITH
TOGNAZZINI FAMILY, INC.; (HARBOR)
Due to a conflict of interest, Councilmember Peirce excused himself from this item.
Councilmember Winholtz requested to go on record that she feels this lease site
agreement violates Measure D. She also said the language regarding the CPI should read
that the rent should be increased only, never decreased and that the word "decreased"
should be removed from the agreement.
MOTION: Mayor Peters moved the City Council meet past 11:00 p.m. The motion
was seconded by Councilmember Grantham and carried with
Councilmember DeMeritt voting no and Councilmember Peirce absent for
the vote. (3-1-1)
P
MINUTES - MORRO BAY CITY COUNCIL
® REGULAR MEETING — SEPTEMBER 22, 2008
MOTION: Councilmember Grantham moved the City Council approve Item A-3 of
the Consent Calendar. The motion was seconded by Councilmember
DeMeritt and carried with Councilmember Winholtz voting no and
Councilmember Peirce abstaining. (3-1-1)
A-4 RESOLUTION NO. 57-08 APPROVING SUBLEASE AGREEMENT FOR A
PORTION OF LEASE SITE 124-128/124W-128W LOCATED AT 1215
EMBARCADERO BETWEEN VIRG'S LANDING, INC. AND SLO DIVERS;
(HARBOR)
Councilmember Winholtz requested to go on record that she feels this lease site
agreement violates Measure D.
MOTION: Councilmember Grantham moved the City Council approve Item A-4 of
the Consent Calendar. The motion was seconded by Councilmember
Peirce and carried with Councilmember Winholtz voting no. (4-1)
A-5 APPROVAL OF RESOLUTION NO. 60-08 FOR APPROVAL OF LEASE
AGREEMENT FOR REAL PROPERTY LOCATED AT 1700
EMBARCADERO, JOINTLY OWNED BY THE CITY OF MORRO BAY AND
® CAYUCOS SANITARY DISTRICT, WITH MORRO DUNES TRAVEL
TRAILER PARK & RESORT CAMPGROUNDS; (HARBOR)
Councilmember Winholtz requested the following amendments to the lease agreement: 1)
the CPI being used is San Francisco, she would like that changed to Los
Angeles/Riverside in order to be consistent with all other current leases; and, 2) on page
8, section 3.04 of the lease agreement, the phrase "except as acceptable by law" needs to
be added to the definition of Hazardous Materials.
Councilmember Grantham requested the addition of language deemed necessary by the
City and Cayucos Sanitary District and read and approved by Mr. Claassen as follows:
"Notwithstanding the term of this lease, in the event that the CITY/DISTRICT'S use of
the Wastewater Treatment Plant (WWTP) necessitates a rearrangement, relocation,
reconstruction or construction of the WWTP onto the premises, CITY/DISTRICT may
terminate the lease for that part of the premises that is necessary for a rearrangement,
relocation, reconstruction or construction of the WWTP upon thirty (30) days prior
written notice to TENANT. If termination for part of the premises occurs, the minimum
rent pursuant to Section 2.01 shall be pro -rated."
Councilmember Winholtz also wanted to publicly acknowledge that the Cayucos Sanitary
District was going to take part in the cost of the negotiation of this lease site. City
Attorney Robert Schultz confirmed that in his discussions with Manager Bill Callahan,
® Cayucos will be paying the agreed upon percentage portion.
7
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — SEPTEMBER 22, 2008
Councilmember DeMeritt feels that we need consistency with our lease sites; if we go to
San Francisco with this one we need to follow suit with the rest.
MOTION: Councilmember Winholtz moved the City Council approve Item A-5 of
the Consent Calendar with the above -mentioned amendments to the
definition of Hazardous Waste and the addition of language provided by
Councilmember Grantham. The motion was seconded by Councilmember
Grantham and carried unanimously. (5-0)
Councilmember Winholtz then questioned how to proceed with the CPI language. She
encouraged feedback from the rest of Council. She would be willing to make the change
to Los Angeles or she would wait to see how the remaining lease sites were handled later
on in the meeting.
Councilmember DeMeritt suggested continuing this portion of this item until we get to
Items A-2, A-3, and A-4 and the CPI portion of A-5 could be discussed then;
Councilmember Winholtz concurred.
A-8 PROCLAMATION DECLARING SEPTEMBER 27, 2008 AS "SAN LUIS
OBISPO COUNTY CREEK DAY"; (PUBLIC SERVICES)
® Councilmember DeMeritt requested staff clarification on this item.
Associate Planner Rachel Grossman reviewed the details of the upcoming event.
MOTION: Councilmember DeMeritt moved the City Council approve Item A-8 of
the Consent Calendar. The motion was seconded by Councilmember
Winholtz and carried unanimously. (5-0)
B. PUBLIC HEARINGS. REPORTS & APPEARANCES
B-1 EXTENSION OF AN INTERIM URGENCY ORDINANCE MODIFYING THE
DEVELOPMENT REVIEW FOR PARCELS IN THE R-1 DISTRICT ZONE
THAT EXCEED 2,500 SQUARE FEET PENDING COMPLETION OF
STUDIES AND THE PREPARATION OF AN UPDATE TO THE CITY'S
ZONING CODE; (CITY ATTORNEY)
City Attorney Robert Schultz stated the City Council initially granted an Interim Urgency
Ordinance for forty-five days and for ten months and fifteen days, and staff is now
recommending Council hold a public hearing and extend the period in order for staff to
develop regulations for development in the R-1 zone. Mr. Schultz recommended the City
Council adopt Interim Urgency Ordinance No. 543 which would extend the previously
® enacted Ordinance modifying the development review for parcels in the R-1 district zone that
exceed 2,500 square feet pending completion of studies and the preparation of an update to
the City's zoning code.
3
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — SEPTEMBER 22, 2008
Mayor Peters opened the hearing for public comment.
Dorothy Cutter expressed support for this extension and finds it provides protection for
people with small houses on small lots.
Mayor Peters closed the public comment hearing.
MOTION: Councilmember Grantham moved the City Council adopt Ordinance No.
543 Modifying the Development Review for Parcels in the R-1 District
Zone that Exceed 2,500 Square Feet Pending Completion of Studies and
the Preparation of an Update to the City's Zoning Code. The motion was
seconded by Councilmember Peirce and carried unanimously. (5-0)
B-2 RECONSIDERATION OF THE DENIAL OF A REQUEST FOR A TWO -LOT
SUBDIVISION AT 735 CABRILLO PLACE PURSUANT TO COURT
ORDER; (PUBLIC SERVICES)
Associate Planner Rachel Grossman stated on June 18, 2007, the Planning Commission
continued the applicant's request for a Coastal Development Permit and parcel map
® approvals for a lot split at 735 Cabrillo Place, and requested staff return with findings for
denial at the next regular meeting of the Planning Commission. On July 2, 2007, the
Planning Commission approved findings for denial for the proposed lot split. The
applicant subsequently appealed the Planning Commission's decision to the City
Council, who denied the applicant's appeal and approved findings for denial on
September 10, 2008. The applicant subsequently legally challenged the City's denial of
the requested lot split at 735 Cabrillo Place. The court ruled the City's findings for
denial did not fully support the City's conclusions and that the subject neighborhood was
not clearly defined within the City's administrative record. As a result of this ruling, the
Court remanded the matter so that proper findings could be made, and so the
neighborhood within which the project is located could be clearly defined. Ms.
Grossman recommended the City Council deny the project and adopt revised findings
that support denial of the project, and that clearly define the neighborhood and
characteristics that make this area a unique and worth preserving as supported by the
goals and policies of the City.
Bill Walter, attorney for applicants, stated the court gave the City a second chance to
identify the specific policies that would justify their decision to deny this appeal. He
said staff has misread the direction of the court by giving an arbitrary definition of
neighborhood. Mr. Walter stated the court asked the City to adopt findings, to make
those findings specific, and have those findings identify specific policies that reference
the neighborhood. He said the City has been unable to make those findings, and
® requested Council review the situation along with abiding by the law.
W
MINUTES - MORRO BAY CITY COUNCIL
® REGULAR MEETING — SEPTEMBER 22, 2008
Cathy Novak, representing the appellant for the Cabrillo Place appeal, stated the findings
for denial conclude that the project is inconsistent with the City's policies due to
neighborhood characteristic and lot size. The staff report defines the neighborhood as
Tract 41 as well as adjacent properties to the north, south, east and west. As noted in the
staff report the neighborhood area is a "diverse array of housing types and lot sizes
adjacent to the subject property including lots ranging in size from 2,500 — 46,710 square
feet and uses ranging from single family residential to condominiums to trailer parks."
She noted in the staff report, "the definition of a neighborhood is of a subjective matter
the process by which is not clearly defined within the Subdivision Ordinance, Zoning
Ordinance, General Plan or Local Coastal Plan". Ms. Novak stated the lots chosen, as a
comparison for this project was purely subjective. She said Council in the past has
repeatedly asked applicants to design projects that are consistent with City rules and
regulations, and this project meets those standards.
Mayor Peters opened the hearing for public comment.
Jim Bianchi stated the CCR's in which this neighborhood was created are not irrelevant and
established the character of this area as they defined lot size, restricted lot splits as well as
restricted units to one per lot. He said he disagrees with the applicant's suggestion that
Tract 41 is not a neighborhood and urged the City Council to define neighborhood.
® Ruth Bianchi stated this tract has specific boundaries and characteristics defined by large
lots and wide-open spaces. She said the lots in this tract average 12,000 square feet and by
allowing a lot split would change the character of this neighborhood in a negative way.
E
Skip Barnhart stated the City Council's role should be subjective when considering issues
such as this. He said as a resident in this neighborhood he supports denial of this project,
which if approved could set a precedent for all neighborhoods in the City.
Karyn Convertini stated this neighborhood was planned back in 1946 and has been kept up
for over 60 years. She said she is unaware of anybody who is in favor of this particular
change to the neighborhood.
Barbara Attinello stated she has owned property in Morro Bay since 1982 and chose the
home she now owns in Tract 41 because of the large lots, the views and the character of the
neighborhood. She requested Council deny this appeal.
Kathy Phipps requested Council maintain this neighborhood character. She said the
neighbors know each other, they take care of each other, they walk the neighborhood
together and it is a very defined neighborhood.
10
MINUTES - MORRO BAY CITY COUNCIL
® REGULAR MEETING — SEPTEMBER 22, 2008
Joe Attinello stated the specific neighborhood where the proposed lot split is located was
established in 1946. He said the CCR's specifically prohibit lot splits. Mr. Attinello stated
each home in the neighborhood has between 40-50 feet minimum spacing between each
house. He also feels that should this lot split go through, property values in this tract would
be significantly reduced.
Bill Luffee stated this lot split would not be in the best interest of Morro Bay or the
neighborhood. He said the neighborhood residents should be able to define their own
neighborhood character. Mr. Luffee noted the applicant bought the property in August 2006
when the.40-foot frontage guidelines were not in place, and there should not have been any
expectation of a lot split at that time.
Dorothy Cutter stated this is one of Morro Bay's most attractive neighborhoods and this lot
split would denigrate its beauty. She urged Council's denial of the appeal.
Dan Glesmann stated while splitting the lot into two and building maximized housing
provides for greater wealth for the developer it extracts wealth for the neighboring
properties.
Mayor Peters closed the public comment hearing.
® Councilmember DeMeritt stated that due to the legal nature of the situation, it is the
attorney's job to review this material. She said Tract 41 is a neighborhood and one of our
best gateways in the City. Councilmember DeMeritt stated she would be voting to deny the
appeal and let the attorneys handle the rest of it.
Councilmember Grantham requested the following be placed as part of the record: A) the
proposed lot split is not consistent with the General Plan and Coastal Land Use Plan because
the resulting lot sizes and shapes would not be consistent with the neighborhood character
evident in the defined neighborhood of Tract 41; B) the design and improvement of the
proposed subdivision are not consistent with the General Plan and Coastal Land Use Plan
because the resulting lot sizes and shapes would not allow for an amount of open space that
would be consistent with neighboring development; and, C) if subdivided, the site would not
be physically suitable for a development type and density consistent with the neighborhood
because it would allow the construction of an additional single family residential unit, which
would not be compatible with the development pattern in the neighborhood.
Councilmember Peirce stated this proposed lot split is not compatible with the rest of the
neighborhood; it degrades the visual quality of the neighborhood and is inconsistent with
existing single-family residences in this neighborhood.
Councilmember Winholtz stated Morro Bay has many neighborhoods; for example the
® Radcliffe neighborhood, the Beach Tract, the Bananabelt, and Morro Heights. She said she
does not believe postponing this decision is wise, and is in favor of denying the appeal.
11
MINUTES - MORRO BAY CITY COUNCIL
® REGULAR MEETING — SEPTEMBER 22, 2008
Mayor Peters stated another definition of a neighborhood is the people who live within it, and
these neighbors want to maintain its character. She expressed support for maintaining this
neighborhood character.
MOTION: Councilmember Winholtz moved the City Council deny the appeal as well as
deny the requested lot split at 735 Cabrillo Place. The motion was seconded
by Councilmember Grantham and carried unanimously. (5-0)
B-3 CONCEPT PLAN APPROVAL FOR THE EMBARCADERO CONFERENCE
CENTER LOCATED AT 801-833 EMBARCADERO, UPO-212; (PUBLIC
SERVICES)
Planning Manager Mike Prater stated the applicant is proposing to demolish portions of two
detached buildings on separate lease sites and remodel the structures while adding new
square footage by constructing a 6,257 square foot conference center, 7,770 square foot
commercial retail, 2,188 square foot restaurant, add 17 new boat slips, 8-foot lateral access,
and view decks, and create two public plazas by requesting expansion of lease space in
exchange for the street end to facilitate the project. The project is anticipating only partial
removal of the existing buildings. The applicant is requesting the project be considered a
remodel in order to retain the historic parking credits. The previous uses required 31 parking
® spaces for the Outrigger building and 79 parking spaces for the Embarcadero Grill. The new
uses generate a parking demand of 197 parking spaces and various parking management
strategies are proposed to offset the projects shortfall. Mr. Prater stated this project can be
found consistent with the waterfront design guidelines with offsetting public benefits and the
project's potential impacts can be reduced to less than significant levels through
incorporation of a mitigation -monitoring plan. The applicant has agreed to incorporate the
mitigation -monitoring plan into the project and fully comply with its mandates. The
proposed project is consistent with the development standards of the Zoning Ordinance and
all applicable provisions of the General Plan, and Local Coastal Plan with incorporation of
recommended conditions.
1
Steve Puglisi, the project's architect presented the project to the Council stating that it meets
all conditions set forth in the City's General Plan, Zoning Ordinances and Codes and
Waterfront Master Plan which include land use, view corridors, sidewalk widths, building
setbacks and architectural character. He reviewed several issues for Council's consideration
in order to allow this project to proceed.
Andy Peas with In Balance Green Consulting, the project's green consultant, stated this
design would meet all the criteria for LEED certification, and a preliminary analysis finds the
building will achieve LEED certification.
12
MINUTES - MORRO BAY CITY COUNCIL
® REGULAR MEETING — SEPTEMBER 22, 2008
Mary Beatie, TPG Consulting, worked on the approved City's Parking Management Plan for
the Embarcadero. TPG has concluded that while there is a perception of a parking shortage
there really is not one; it is more of an issue of getting the visitors to the parking they need.
Ms. Beatie went on to present documentation that shows how the project will be able to
procure the additional 187 parking spaces it will need. They will utilize valet parking, trolley
use as well as shuttles. They currently have a signed lease agreement with San Luis Coastal
Unified School District to provide 104 spaces at Morro Elementary and they are in
negotiations with Bank of America and Rabobank to provide the remaining required spaces.
Myraline Whittaker, with Central Coast of California Hospitality Consulting Services
reviewed the project from a hotel standpoint and what the impact to the hotel community
might be. She stated in 2007/08, the Morro Bay hotel community was only at 50%
occupancy rate; Morro Bay has also lost 9% of its share of visitor spending. The hotel
community would be able to take advantage of this conference center project as it would
bring much needed business in the form of transient occupancy tax and visitor spending in
restaurants, retail, arts, recreation, and food stores to Morro Bay.
Mayor Peters opened the hearing for public comment.
Richard Snyder stated the City does not want change but are willing to destroy the look of
® the waterfront. He said people would not want to be shuttled to and from a conference. Mr.
Snyder stated he supports a conference center but not on the waterfront.
Troy Leage stated he commends the owners of the Outrigger for what they have done for the
business since they took over in 1998. He said he could not say whether a conference center
would work in this location but he does know the Outrigger does work. Mr. Leage also said
there is a huge parking issue on the Embarcadero.
Dannie Tope stated there is already a parking problem on the waterfront. She said she is a
proponent of the conference center but not at this location.
Gail Queen stated the Brannigan's site should be the first choice for a conference center. She
said the City should wait to proceed with this proposal until they receive the request for
proposals that are due for the purchase of the Brannigan property. Ms. Queen noted the
Coastal Commission would think we are out of our mind with this proposal.
Dan Reddell stated he has brought the City an offer of 3.5 million dollars for the Brannigan
property, and his client is confused as to where the City stands with that offer.
Dan Dorn stated he is not against the concept of a conference center; in fact he is in favor of
it, just not at this location. He said the City should leave the two lease sites intact as both are
currently bringing in money to the City, and look elsewhere for a conference center location
issuch as the Brannigan property. Mr. Dorn expressed concern with the view shed and noted
in 1997 he attended a Coastal Commission meeting for the ratification of the Waterfront
Plan. The Plan was accepted but an amendment was attached called the Dom Amendment,
13
® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — SEPTEMBER 22, 2008
which said that for all time the public view from the street ends at the bluff level cannot be
interfered with; this includes the view of the rock, the sand spit and the water; so any
proposal brought to the Commission will be under the scrutiny of this amendment.
Floyd Davison stated the Planning Commission saw weaknesses in the proposed parking plan
and as such required an additional 87 spaces. He said he wants to see the signatures on the
contracts that the applicant has obtained before this proceeds.
Ed Ewing stated he has lived in Morro Bay for 40 years and has seen the waterfront grow as
well as change and does not believe a conference center on the waterfront is a good idea, and
does not feel the Coastal Commission would either. He said the Brannigan property is a
perfect spot for a conference center because it has a larger height limit. Mr. Ewing suggested
the City wait until the bids on the Request for Proposal are received on the Brannigan
property.
Bob Purcott stated there was a theater group attempting to move into this waterfront location,
which never happened because the request hit a brick wall with the Coastal Commission over
parking issues. He expressed support for a conference center; however the Brannigan
property is a better location.
® Susan Stewart stated she strongly supports the concept of a mid -size conference center in
Morro Bay and likes the look of the project, especially the added boat slips and additional
retail outlets.
Andrea Klipfel, member of the Chamber of Commerce, read a statement written by Peter
Candela, CEO of the Morro Bay Chamber of Commerce. Mr. Candela recognizes the need
for a conference center in Morro Bay, as it will bring countless visitors to our City.
George Leage expressed concern with parking on the waterfront, and noted there are more
appropriate locations for a conference center. He said petitions have been circulated and for
every 100 signatures they are receiving it shows 97 against the proposed site. Mr. Leage also
stated the proposal will not get past the Coastal Commission because it will not meet the
requirements.
Dorothy Cutter stated this project has tremendous parking problems.
John Barta stated the proposed zero parking spaces on the site will not work. He said he is
concerned with the north -side view of the center, which will look like a massive wall that
will never be approved by the Coastal Commission. Mr. Barta stated this site would not
work as a conference center site because they only work in conjunction with a hotel; there is
no room flexibility; you need breakout rooms, general session rooms, and on -site valet
® parking.
14
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — SEPTEMBER 22, 2008
Colin McKay stated there are other locations that would be more suitable for a conference
center. He said it is the location of the conference center that is questionable, not the plan
itself.
Tracy Neil encouraged Council to look at the effects this conference center will have on the
surrounding businesses. She expressed concern that the construction phase would have a bad
effect on Embarcadero business. Ms. Neil stated the Embarcadero does not have the
infrastructure to support the parking needs. She said while she would like to see a
conference center project move forward, she does not want to see it there.
Gene Doughty, Harbor Advisory Board Member, expressed concern that the Harbor
Advisory Board never heard this concept plan for a conference center. He said he is also
concerned that this project's plan to enlarge the waterfront lease site towards the navigation
channel. Mr. Doughty stated technically it won't encroach into the channel but might force
the smaller boats and kayaks into the tidal stream of the larger boats going up and down the
bay. He said he also does not believe this project meets the Waterfront Master Plan.
Ken Vesterfelt stated he agrees the City needs a conference center. He said he had
conversations with the manager at Bank of America and he said he was unaware of any
parking lot negotiations. Mr. Vesterfelt stated while he respects the parking study that was
® done he feels that if you actually live here, you can see that we have a parking problem. He
also finds that while new restaurants and/or hotels would possibly do well, without parking
how can retail do well.
El
Neil Farrell stated he sits on the Board of Directors of Ride -On and the use of Ride -on
vehicles as shuttles for this project has never been discussed at the board level. He said if the
opportunity was there and there was a contract to supply this service, Ride -on would provide
the vans.
Bill Martony stated one of the original purposes of the conference center was to provide a
link between the waterfront and the downtown area with the hope of stimulating the economy
of downtown; he said the Brannigan site could do this where this proposed site cannot. He
said the Embarcadero has already lost some of its old character and this project will not help.
Mayor Peters closed the public comment hearing.
Councilmember Peirce stated years ago the City hired a consultant who informed the City
that our attempts to put a conference center and hotel at the Brannigan's site would not work
because of the costs. He said the consultant also noted that a conference center by itself has
more problems than one with a hotel in close proximity. Councilmember Peirce stated he
likes the plan but would rather delay the decision for two weeks until the request for proposal
for the Brannigan's site are received.
15
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — SEPTEMBER 22, 2008
Councilmember Winholtz stated there are two public benefits to this project, the LEED
certification and two new public restrooms. She expressed concern with the project being
built too far out into the water and does not like the fact that the slips will be pushed out
further than any other slips that currently exist. Councilmember Winholtz stated she is also
concerned that there is not adequate parking.
Councilmember DeMeritt stated she is in favor of the project in order to increase the local
hotel occupancy rate to over 50%. She said she is in favor of voting for this project but does
have the following issues: 1) the two lost handicap spaces should be drawn in across the
street; 2) the valet parking should be in front of the building, not across the street; 3) the
footprint of the building needs to be pulled back to match the footprint of Rose's from the
bay side; 4) the Parking Management Plan will only work if the City implements the other
parts of the Parking Management Plan such as signage to the lots at the end; 5) wants to see
fewer boat slips as more boat slips create more of a need for parking; and, 6) explore the use
of parking -in -lieu fees as a portion of meeting the parking needs rather than locating
additional spaces.
Councilmember Grantham stated he would like to review the proposal for parking. He
acknowledged this project would probably be a whole different project when it comes back
from the Coastal Commission. Councilmember Grantham stated the City requested the
® applicants to come back with a viable project and they have; and Council should do the right
thing and approve this concept plan.
Mayor Peters read a letter prepared by Michele Jacquez, member of the Community
Promotions Committee who wrote in full support of the project. She expressed the City
needs a conference center, and the applicants who are proposing this project have the
experience of doing this before. Mayor Peters addressed the parking problem, and noted she
attended the Avocado Margarita Festival this weekend and had no problem finding parking
spaces. She said shuttles would work and people who attend conferences will use them.
MOTION: Councilmember DeMeritt moved City Council approve the Mitigated
Negative Declaration and conditionally approve the Concept Plan for the
Conference Center Project. The motion was seconded by Councilmember
Grantham and carried with Councilmember Peirce and Councilmember
Winholtz voting no. (3-2)
C. UNFINISHED BUSINESS
C-1 STATUS REPORT ON THE AGP CONTRACT AND CONSIDERATION OF
PROVIDING WEB STREAMING OF COUNCIL MEETINGS;
(ADMINISTRATION)
® No discussion was held on this item.
16
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — SEPTEMBER 22, 2008
D. NEW BUSINESS - NONE
ADJOURNMENT
The meeting adjourned at 11:08pm
Recorded by:
���6�
mie Boucher
Deputy City Clerk
0
11
17
® 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 8, 2008
CLOSED SESSION — SEPTEMBER 8, 2008
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 3 parcels.
• Property: 625 Harbor Street; Library.
Negotiating Parties: SLO County and City of Morro Bay.
Negotiations: Lease Terms and Conditions.
Property: 35W and 36W adjacent to 235 Main Street
Negotiating Parties: Martony, Pekarek and City of Morro Bay.
Negotiations: Lease Terms and Conditions.
Property: Morro Bay RV Dunes.
Negotiating Parties: Doug Claassen and City of Morro Bay.
Negotiations: Lease Terms and Conditions.
CS-2 GOVERNMENT CODE SECTION 54956.9(A); CONFERENCE WITH
LEGAL COUNSEL REGARDING PENDING LITIGATION.
• LINKER vs. CITY OF MORRO BAY
• MORRO BAY vs. MARTONY and PEKAREK
IT IS NOTED THAT THE CONTENTS OF CLOSED SESSION MEETINGS
® ARE CONFIDENTIAL AND EXEMPT FROM DISCLOSURE.
PUBLIC SESSION — SEPTEMBER 8, 2008
® 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.
E
• Please refrain from public displays or outbursts such as unsolicited applause,
comments or cheering.
• Any disruptive activities that substantially interfere with the ability of the City
Council to carry out its meeting will not be permitted and offenders will be
requested to leave the meeting.
• Your participation in City Council meetings is welcome and your courtesy
will be appreciated.
In compliance with the Americans with Disabilities Act, if you need special assistance to
participate in this meeting, please contact the City Clerk, (805) 772-6205. Notification 72
hours prior to the meeting will enable the City to make reasonable arrangements to ensure
accessibility to this meeting.
COUNCIL DECLARATION OF FUTURE AGENDA ITEMS
A. CONSENT CALENDAR
Unless an item is pulled for separate action by the City Council, the following actions are
approved without discussion.
2
A -I APPROVAL OF MINUTES FOR THE SPECIAL MEETING OF AUGUST 4,
® 2008, AND THE REGULAR CITY COUNCIL MEETINGS OF AUGUST 11,
2008 AND AUGUST 25, 2008; (ADMINISTRATION)
RECOMMENDATION: Approve as submitted.
A-2 RESOLUTION NO. 55-08 APPROVING A LANDLORD'S ESTOPPEL
CERTIFICATE ON LEASE SITE 53-56/53W-56W; ESTERO LANDING
LOCATED AT 501 EMBARCADERO; (HARBOR)
RECOMMENDATION: Adopt Resolution No. 55-08.
A-3 PROCLAMATION DECLARING SEA OTTER AWARENESS WEEK;
(ADMINISTRATION)
RECOMMENDATION: Adopt Proclamation.
B. PUBLIC HEARINGS. REPORTS & APPEARANCES
B-1 ZONING ORDINANCE AMENDMENT FOR NEIGHBORHOOD
COMPATIBILITY STANDARDS; (PUBLIC SERVICES)
RECOMMENDATION: Accept the Planning Commission's recommendation
® and direct staff to work on the zoning amendments.
C. UNFINISHED BUSINESS
C-1 FURTHER DISCUSSION OF RESPONSIBLE PARTY ON UTILITY
ACCOUNTS AND WATER DEPOSIT; (FINANCE)
RECOMMENDATION: Discuss and direct staff accordingly.
D. NEW BUSINESS
D-I CONSIDERATION OF CHANNEL STREAMING AND PURCHASE OF
REPLACEMENT EQUIPMENT FOR LOCAL GOVERNMENT CHANNEL
INSERTION POINT; (ADMINISTRATION)
RECOMMENDATION: Discuss and direct staff accordingly.
D-2 DISCUSSION ON COUNCIL MEMBER REPORTS FROM OTHER COUNTY
AND AGENCY MEETINGS; (COUNCIL)
RECOMMENDATION: Discuss and direct staff accordingly.
�J
3
D-3 CONSIDERATION OF A DATE FOR A JOINT CITY COUNCIL AND
® COMMUNITY PROMOTIONS COMMITTEE MEETING; (ADMINISTRATION)
RECOMMENDATION: Schedule a joint City Council/Community Promotions
Committee meeting.
El
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.
MATERIALS RELATED TO AN ITEM ON THIS AGENDA SUBMITTED TO
THE CITY COUNCIL AFTER DISTRIBUTION OF THE AGENDA PACKET
ARE AVAILABLE FOR PUBLIC INSPECTION AT CITY HALL LOCATED AT
595 HARBOR STREET; MORRO BAY LIBRARY LOCATED AT 625 HARBOR
STREET; AND MILL'S COPY CENTER LOCATED AT 495 MORRO BAY
BOULEVARD DURING NORMAL BUSINESS HOURS.
IN COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT, IF
YOU NEED SPECIAL ASSISTANCE TO PARTICIPATE IN A CITY MEETING,
PLEASE CONTACT THE CITY CLERK'S OFFICE AT LEAST 24 HOURS
PRIOR TO THE MEETING TO INSURE THAT REASONABLE
ARRANGEMENTS CAN BE MADE TO PROVIDE ACCESSIBILITY TO THE
MEETING.
4
® MINUTES - MORRO BAY CITY COUNCIL
CLOSED SESSION — SEPTEMBER 8, 2008
CITY HALL CONFERENCE ROOM - 5:00 P.M.
Mayor Peters called the meeting to order at 5:00 p.m
PRESENT: Janice Peters
Mayor
Melody DeMeritt
Councilmember
Rick Grantham
Councilmember
William Peirce
Councilmember
Betty Winholtz
Councilmember
STAFF: Andrea Lueker
City Manager
Robert Schultz
City Attorney
CLOSED SESSION
MOTION: Councilmember Winholtz 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 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 3 parcels.
• Property: 625 Harbor Street; Library.
Negotiating Parties: SLO County and City of Morro Bay.
Negotiations: Lease Terms and Conditions.
• Property: 35W and 36W adjacent to 235 Main Street
Negotiating Parties: Martony, Pekarek and City of Morro Bay.
Negotiations: Lease Terms and Conditions.
• Property: Morro Bay RV Dunes.
Negotiating Parties: Doug Claassen and City of Morro Bay.
Negotiations: Lease Terms and Conditions.
CS-2 GOVERNMENT CODE SECTION 54956.9(A); CONFERENCE WITH
LEGAL COUNSEL REGARDING PENDING LITIGATION.
• LINKER vs. CITY OF MORRO BAY
• MORRO BAY vs. MARTONY and PEKAREK
E
® The meeting adjourned to Closed Session at 5:00 p.m. and returned to regular session at
5:55 p.m.
MOTION: Councilmember Grantham moved the meeting be.adjourned. The
motion was seconded by Councilmember Winholtz and unanimously
carried. (5-0)
The meeting adjourned at 5:55 p.m.
11
® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — SEPTEMBER 8, 2008
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: Andrea Lueker
Robert Schultz
Bridgett Bauer
Bruce Ambo
John DeRohan
Sue Lichtenbaum
Mike Pond
Mike Prater
Susan Slayton
Dylan Wade
Joe Woods
r!,
ESTABLISH QUORUM AND CALL TO ORDER
MOMENT OF SILENCE
City Manager
City Attorney
City Clerk
Public Services Director
Police Chief
Business Coordinator
Fire Chief
Planning Manager
Finance Director
Utilities/Capital Project Manager
Acting Recreation & Parks Director
PLEDGE OF ALLEGIANCE
MAYOR'S REPORTS & ANNOUNCEMENTS
CLOSED SESSION REPORT - City Attorney Robert Schultz reported the City Council
met in Closed Session, and no reportable action under the Brown Act was taken.
PUBLIC COMMENT
Rachel Ayotte, Morro Bay High School student, gave an update on what is happening at
the high school.
Peter Candela reviewed statistics of the Chamber of Commerce, and announced
upcoming events.
Rosalie Valvo announced the Morro Coast Audubon Society became the owner of eight
additional acres of land to add to the Los Osos Sweet Springs Natural Preserve. She
stated a celebration would be held on September 21', and a donation of time and/or
money would be appreciated.
Keith Taylor stated donations for the brick program for Phase I of the Fire Station is due
September 15`s.
u
® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — SEPTEMBER 8, 2008
Ken Vesterfelt stated tickets are being sold for a raffle that will benefit the Rotary Club
and Friends of the Police and Fire Departments, and prizes will be issued at the Harbor
Festival. He reviewed that status on the job located at 600 Morro Bay Boulevard.
Rick Gilligan announced an informational meeting would be held to learn more about the
proposed community competition -sized and therapy pool on September 10`s at the Morro
Bay High School.
Lynda Merrill expressed support for Item C-1 (Further Discussion of Responsible Party
on Utility Accounts and Water Deposit). She expressed concern with the financial state
of the City and urged the City to continue cutting back on City spending. Ms. Merrill
addressed Item D-1 (Consideration of Channel Streaming and Purchase of Replacement
Equipment for Local Government Channel Insertion Point) stating this would be
advantageous for those who do not have cable television. She addressed Item D-3
(Consideration of a Date for a Joint City Council and Community Promotions Committee
Meeting) and requested Council considers scheduling an evening meeting.
Patti Dunton expressed concern with the grading of a lot in Morro Bay that is a Native
American burial site. She addressed Morro Bay Municipal Code 17.48.310(d) and
® sections of the General Plan regarding historical resources.
Roger Ewing addressed Item D-1 and encouraged Council considers streaming meetings
in order to keep those with satellite dishes informed.
Joey Racano stated precedence was set at the Central. Coast Regional Water Quality
Control Board meeting when the California Men's Colony was found in violation of the
Marine Life Protection Act. He also addressed the placement of the marina and dredge
by the State Marine Reserve, which is a violation of the Coastal Act.
Noah Smukler addressed the implementation of programs promoting water conservation.
He also expressed support for video streaming government meetings.
Mayor Peters closed the hearing for public comment.
Mayor Peters called for a break at 6:50 p.m.; the meeting resumed at 7:00 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.
4
® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — SEPTEMBER 8, 2008
A -I APPROVAL OF MINUTES FOR THE SPECIAL MEETING OF AUGUST 4,
2008, AND THE REGULAR CITY COUNCIL MEETINGS OF AUGUST 11,
2008 AND AUGUST 25, 2008; (ADMINISTRATION)
RECOMMENDATION: Approve as submitted.
A-2 RESOLUTION NO. 55-08 APPROVING A LANDLORD'S ESTOPPEL
CERTIFICATE ON LEASE SITE 53-56/53W-56W; ESTERO LANDING
LOCATED AT 501 EMBARCADERO; (HARBOR)
RECOMMENDATION: Adopt Resolution No. 55-08.
A-3 PROCLAMATION DECLARING SEA OTTER AWARENESS WEEK;
(ADMINISTRATION)
RECOMMENDATION: Adopt Proclamation.
Councilmember Winholtz pulled Item A -I from the Consent Calendar.
® MOTION: Mayor Peters moved the City Council approve Items A-2 and A-3 of the
Consent Calendar. The motion was seconded by Councilmember
Grantham and carried unanimously. (5-0)
u
A-] APPROVAL OF MINUTES FOR THE SPECIAL MEETING OF AUGUST 4,
2008, AND THE REGULAR CITY COUNCIL MEETINGS OF AUGUST 11,
2008 AND AUGUST 25, 2008; (ADMINISTRATION)
Councilmember Winholtz requested the following amendment to the minutes of August 11,
2008, page 8:
" ....She said it is important to note that Sprint has had a difficult time locating a tower in
the City because it is not a desirable use in the locations that are apprepriate proposed."
Mayor Peters requested the following amendment to the minutes of August 11, 2008, page
8:
"....She said the City has no evidenee ordinance over the placement of cell phone towers in
residential areas at this time; ..."
Councilmember Winholtz requested the following amendment to the minutes of August 25,
2008, page 3:
5
® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — SEPTEMBER 8, 2008
"Mayor Peters requested to agendize the reconsideration of the Palm Avenue right-of-way
walkway; Ge. ,.:l..,,.mbe. r,eMeri and .-,,..neil.,,.... bef «r:..helt Councilmember
Grantham and Councilmember Peirce concurred."
MOTION: Mayor Peters moved the City Council approve the minutes of August 11,
2008 as amended. The motion was seconded by Councilmember
Grantham and carried unanimously. (5-0)
MOTION: Mayor Peters moved the City Council approve the minutes of August 4,
2008. The motion was seconded by Councilmember Grantham and
carried with Councilmember Winholtz abstaining. (4-0-1)
MOTION: Councilmember Winholtz moved the City Council approve the minutes of
August 25, 20008 as amended. The motion was seconded by
Councilmember Peirce and carried unanimously. (5-0)
B. PUBLIC HEARINGS. REPORTS & APPEARANCES
B-1 ZONING ORDINANCE AMENDMENT FOR NEIGHBORHOOD
® COMPATIBILITY STANDARDS; (PUBLIC SERVICES)
E
Planning Manager Mike Prater stated a series of public meetings were conducted to
solicit and engage community input dealing with neighborhood standards and the
growing concern of "mansionization." After careful consideration of the physical lot
sizes, characteristics of the community, planning policy and ordinance framework, and
the substantial amount of information available on the topic the Planning Commission
recommends to the City Council that threshold(s) be developed to heighten the review
process and elevate projects to the Planning Commission review level. This
recommendation is similar to the current interim ordinance that elevates single-family
residences greater than 2,500 square feet obtain a Conditional Use Permit. Mr. Prater
recommended the City Council accept the Planning Commission recommendation, which
would provide staff and the Commission direction to begin developing threshold(s) or
work towards another approach.
Mayor Peters opened the hearing for public comment.
The following people expressed support for implementing a floor -to -area ratio: Roger
Ewing, Dorothy Cutter, Amenity Perry, Jim Nance, and Sue Perry.
Bill Luffee stated he is confused with what the City is proposing with the proposed
threshold concept.
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® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — SEPTEMBER 8, 2008
Chris Saderas stated the floor -to -area ratio should be limited to the architectural design
rather than volume.
Verna Parrish stated the proposed threshold program is vague. She requested a more
definitive value to the small town atmosphere, and where to invest for profit in the
community. Ms. Parrish requested the proposed thresholds provide a style that would
provide light on second story setbacks.
Noah Smukler stated Council should move towards a process that communicates
neighborhood compatibility, and develops incentives that promote future vision.
Lynda Merrill stated staff is seeking direction on developing thresholds and expressing
what expectations are desired.
John Barta stated the proposed floor -to -area ratio is going to turn legal homes into illegal
non -conforming homes. He said the Planning Commission is requesting Council to set
standards for the community.
® Mayor Peters closed the public comment hearing.
Councilmember Winholtz suggested three options for floor -to -area ratio: 1) 1.0 floor -to -
area ratio less normal setbacks such as Los Angeles; 2) 3-tier graduated plus menus such
as Burbank; or 3) multi -tiers plus menu such as Santa Cruz. She said she is ready to
move forward with this program.
Councilmember Peirce stated Council should request the Planning Commission to come
back with a set of standards that works for the community.
Councilmember Grantham stated floor -to -area ratio could not address all neighborhoods.
He said the Planning Commission is capable of providing thresholds for Council's
consideration.
Councilmember DeMeritt stated this issue started with the consideration of view shed.
She said the City needs to set standards to protect property values. Councilmember
DeMeritt stated floor -to -area ratio is needed for single-family homes to provide bulk, size
and scale on the various lot sizes that would allow neighborhood compatibility and
flexibility in building.
Mayor Peters stated what is needed is a combination of floor -to -area ratio and articulation
that would create an attractive neighborhood. She said she would like staff to return with
the combination of tools and thresholds that would be appropriate for each neighborhood.
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® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — SEPTEMBER 8, 2008
MOTION: Councilmember Grantham moved the City Council direct staff and
Planning Commission to develop building thresholds and expectations
regarding lot size to building size. The motion was seconded by
Councilmember Peirce.
Councilmember DeMeritt stated she would not support the motion because staff needs
clearer direction in order to proceed.
VOTE: The motion failed with Councilmember DeMeritt, Councilmember
Winholtz and Mayor Peters voting no. (2-3)
MOTION: Councilmember Winholtz moved the City Council direct the Planning
Commission with the assistance of Planning Staff to return with a multi -
tier floor -to -area ratio and menu similar to Santa Cruz and other cities, and
return to Council by January 2009. The motion was seconded by
Councilmember DeMeritt and carried with Councilmember Grantham and
Councilmember Peirce voting no. (3-2)
® Mayor Peters called for a break at 8:36 p.m.; the meeting resumed at 8:42 p.m.
C. UNFINISHED BUSINESS
u
C-1 FURTHER DISCUSSION OF RESPONSIBLE PARTY ON UTILITY
ACCOUNTS AND WATER DEPOSIT; (FINANCE)
Finance Director Susan Slayton stated at the July 14, 2008 City Council meeting, an item
was presented to Council amending the Master Fee Schedule; one amendment was the
establishment of a Water Utility Deposit, and require the deposit to be paid with new
tenant signups. On August 11, 2008, Council voted against a tenant utility deposit and
for requiring utility accounts to be carried in the property owner's name. Staff has
concerns with this requirement primarily due to water conservation. Ms. Slayton
recommended the City Council reconsider this motion, and direct staff accordingly.
Councilmember Winholtz stated tenants are as cautious as landlords when it comes to
water conservation. She said it would be a better guarantee that the bill would be paid if
the account were in the name of the landlord.
Councilmember Peirce stated it would be difficult for landlords to know how much to
raise rents based on water usage. He said he supports staffs recommendation to place
the accounts in the name of the tenant.
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MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — SEPTEMBER 8, 2008
Councilmember Grantham stated he also supports staffs recommendation to place the
accounts in the name of the tenant.
Councilmember DeMeritt stated it should be between the landlord and tenant on who
would be responsible for the water bill.
Mayor Peters stated whoever receives the water bill should pay the deposit.
MOTION: Councilmember Peirce moved the City Council rescind Resolution No.
49-08 and replace with an Ordinance that would return the responsibility
of the $100 water deposit to whoever applies for the water bill, and those
who have their water turned off for non-payment would be required to pay
a $100 deposit. The motion was seconded by Councilmember Winholtz
and carried unanimously. (5-0)
D. NEW BUSINESS
D-1 CONSIDERATION OF CHANNEL STREAMING AND PURCHASE OF
REPLACEMENT EQUIPMENT FOR LOCAL GOVERNMENT CHANNEL
® INSERTION POINT; (ADMINISTRATION)
Management Analyst Janeen Burlingame stated at the June 8, 2008 meeting, Council
approved a month -to -month extension of the Video Production Services and Local
Government Channel Insertion Point Management Agreement with AGP Video. In
addition, Council directed staff to return at the September 22°d meeting with an update on
negotiations of a new agreement after information was received from AGP Video
regarding upgrading the channel insertion point, camera system automation and web
streaming of Council meetings. Should the Council authorize streaming Channel 20,
AGP Video has agreed to begin streaming the channel as a pilot project once the new
twin computer system has been installed at no additional charge to the City until such
time a new agreement is negotiated and web streaming is added as part of the insertion
point scope of work. Ms. Burlingame recommended the City Council: 1) approve the
purchase of replacement equipment from AGP Video for a twin computer system for
channel operations/community calendar; and 2) provide direction to staff as to whether or
not to authorize. AGP Video to begin streaming Channel 20 as described in the staff
report and memorandum.
9
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — SEPTEM3ER 8, 2008
MOTION: Councilmember Winholtz moved City Council: 1) approve the purchase of
replacement equipment from AGP Video for a twin computer system for
channel operations/community calendar; and 2) provide direction to staff
as to whether or not to authorize AGP Video to begin streaming Channel
20 as described in the staff report and memorandum. The motion was
seconded by Councilmember Peirce and carried unanimously. (5-0)
D-2 DISCUSSION ON COUNCIL MEMBER REPORTS FROM OTHER COUNTY
AND AGENCY MEETINGS; (COUNCIL)
Councilmember Winholtz stated currently, Council Members use their discretion on what
to report at Council meeting regarding their assignments as liaisons to government
agencies, non -profits, and other recognized entities to which Members represent the City.
All other cities in the County have a time designated toward the end of their meetings for
reporting back to their respective Councils. Councilmember Winholtz recommended: 1)
the City Council amend its agenda to include an item toward the end of the meeting
where members will report on their work as City liaisons with government agencies, non-
profits, and other recognized entities that each Council Member attends as a
representative; and 2) amend the City Council Guidelines/By Laws to reflect the intent
that Members will report to the Council as a whole each month.
MOTION: Councilmember Winholtz moved the City Council direct staff to amend
the agenda to read "Mayor and Council Members Announcements and
Reports" and remove the word "Presentations". The motion was seconded
by Councilmember Peirce and carried unanimously. (5-0)
Councilmember Winholtz suggested moving Future Agenda Items to the end of the
agenda.
D-3 CONSIDERATION OF A DATE FOR A JOINT CITY COUNCIL AND.
COMMUNITY PROMOTIONS COMMITTEE MEETING; (ADMINISTRATION)
City Manager Andrea Lueker stated during the review of the report from Management
Partners, Assessment of City Organization mid Financial Options held on August 13,
2008, the City Council consensus was to schedule a joint meeting with the Community
Promotions Committee. Ms. Lueker recommended the City Council choose a date to
schedule a joint meeting with the Committee.
Council directed staff to discuss the scheduling of a joint meeting with the Community
Promotions Committee to be held before a Council meeting.
® No further action was taken on this item.
10
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — SEPTEM BER 8, 2008
ADJOURNMENT
The meeting adjourned at 9:25 p.m.
Recorded by:
Bridgett Bauer
City Clerk
11
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II
® City of Morro Bay
City Council Agenda
Mission Statement
The City of Morro Bay is dedicated to the preservation and enhancement of the quality
of life The City shall be committed to this purpose and will provide a level of
municipal service and safety consistent with and responsive to the needs of the public.
REGULAR MEETING — AUGUST 25, 2008
CLOSED SESSION— AUGUST 25, 2008
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 two (2) parcels.
Property: Embarcadero/Market.
Negotiating Parties: Potential Buyers and City of Morro Bay.
Negotiations: Voluntary Purchase and Sale.
Property: Navy Fuel Depot Property along Panorama Drive
Negotiating Parties: US Government and City of Morro Bay.
Negotiations: Voluntary Purchase and Sale.
CS-2 GOVERNMENT CODE SECTION 54957.6; CONFERENCE WITH
LABOR NEGOTIATOR. Conference with City Manager, the City's Designated
Representative, for the purpose of reviewing the City's position regarding the
terms and compensation paid to the City Employees and giving instructions to the
Designated Representative.
® IT IS NOTED THAT THE CONTENTS OF CLOSED SESSION MEETINGS
ARE CONFIDENTIAL AND EXEMPT FROM DISCLOSURE.
® PUBLIC SESSION — AUGUST 25, 2008
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 AUGUST 11, 2008; (ADMINISTRATION)
RECOMMENDATION: This item has been pulled from the agenda.
A-2 ANNUAL REVIEW OF MASTER FEE SCHEDULE; (FINANCE)
RECOMMENDATION: Accept the Master Fee Schedule as amended.
A-3 DISCUSSION ON COST ALLOCATION PLAN UPDATE PROPOSAL FROM
REVENUE AND COST SPECIALISTS; (FINANCE)
RECOMMENDATION: Approve the proposal, and direct staff to enter into a
service contract.
A-4 RESOLUTION NO. 54-08 OPPOSING FISCALLY IRRESPONSIBLE STATE
BUDGET DECISIONS THAT WOULD `BORROW' LOCAL
GOVERNMENT, REDEVELOPMENT AND TRANSPORTATION FUNDS;
(COUNCIL)
RECOMMENDATION: Adopt Resolution No. 54-08.
® A-5 APPROVAL OF LETTER OF SUPPORT FOR THE COMMERCIAL AIR
SERVICE AT THE SAN LUIS OBISPO COUNTY REGIONAL AIRPORT;
(COUNCIL)
•
RECOMMENDATION: Approve sending letter of support to the San Luis
Obispo County Air Transportation Alliance
B. PUBLIC HEARINGS. REPORTS & APPEARANCES
B-I CONCEPT PLAN APPROVAL FOR A CONDITIONAL USE PERMIT FOR
THE TEMPORARY HARBOR OFFICE REPLACEMENT PROJECT; (PUBLIC
SERVICES)
RECOMMENDATION: Conditionally approve the project.
C. UNFINISHED BUSINESS
C-1 DISCUSSION ON THE STATUS OF THE SALE OF CITY -OWNED
PROPERTY AT THE SEC OF CORAL AND SAN JACINTO AND
AUTHORIZATION FOR STAFF TO PREPARE AND SOLICIT A REQUEST
FOR PROPOSALS FOR REAL ESTATE CONTRACT SERVICES TO ASSIST
IN THE SALE OF THE PROPERTY; (CITY ATTORNEY)
3
® RECOMMENDATION: Authorize staff to prepare and solicit a Request for
Proposals for real estate contract services to assist in the sale of City -owned
property located at the southeast corner of Coral Avenue and San Jacinto
Street.
C-2 CONSIDERATION AND CHOICE OF WEBSITE REDESIGN VENDOR;
(FINANCE)
RECOMMENDATION: Select a vendor, and direct staff to sign the contract and
begin the website redesign process.
D. NEW BUSINESS
D-I UPDATE ON THE MORRO BASIN NITRATE STUDY; (PUBLIC SERVICES)
RECOMMENDATION: Receive report for information.
D-2 APPROVAL TO ENTER INTO THE 2008/2009 CENTRAL COAST WATER
RELIABILITY AGREEMENT WITH THE COUNTY OF SAN LUIS OBISPO;
(PUBLIC SERVICES)
RECOMMENDATION: Authorize the Utilities/Capital Projects Manager to
® enter into the 2008/2009 Central Coast Water Reliability Agreement with the
County of San Luis Obispo.
D-3 DISCUSSION ON TRADEMARKING THE SLOGAN, "DISCOVER YOUR
BETTER NATURE'; (CITY ATTORNEY)
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RECOMMENDATION: Review this report, and direct staff on whether to
Trademark the slogan, "Discover Your Better Nature."
D4 CONSIDERATION OF REORGANIZATION OF CITY DEPARTMENTS
INCLUDING ADMINISTRATION, FINANCE AND RECREATION &
PARKS; AMENDMENTS AND TITLE CHANGE TO THE JOB
DESCRIPTIONS FOR THE FINANCE DIRECTOR AND RECREATION AND
PARKS MAINTENANCE SUPERINTENDENT AND APPROVAL OF THE
PERSONNEL TECHNICIAN JOB DESCRIPTION; (ADMINISTRATION)
RECOMMENDATION: Pursuant to the Assessment of City Organization and
Financial Options document prepared by Management Partners, review staff
recommendations and direct accordingly.
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® E. ADJOURNMENT
11
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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.
MATERIALS RELATED TO AN ITEM ON THIS AGENDA SUBMITTED TO
THE CITY COUNCIL AFTER DISTRIBUTION OF THE AGENDA PACKET
ARE AVAILABLE FOR PUBLIC INSPECTION AT CITY HALL LOCATED AT
595 HARBOR STREET; MORRO BAY LIBRARY LOCATED AT 625 HARBOR
STREET; AND MILL'S COPY CENTER LOCATED AT 495 MORRO BAY
BOULEVARD DURING NORMAL BUSINESS HOURS.
IN COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT, IF
YOU NEED SPECIAL ASSISTANCE TO PARTICIPATE IN A CITY MEETING,
PLEASE CONTACT THE CITY CLERK'S OFFICE AT LEAST 24 HOURS
PRIOR TO THE MEETING TO INSURE THAT REASONABLE
ARRANGEMENTS CAN BE MADE TO PROVIDE ACCESSIBILITY TO THE
MEETING.
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MINUTES - MORRO BAY CITY COUNCIL
® CLOSED SESSION — AUGUST 25, 2008
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
Melody DeMeritt
Rick Grantham
William Peirce
Betty Winholtz
Andrea Lueker
Robert Schultz
Councilmember
Councilmember
Councilmember
Councilmember
City Manager
City Attorney
MOTION: Councilmember Winholtz moved the meeting be adjourned to Closed
Session. The motion was seconded by Councilmember Grantham 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 two (2) parcels.
Property: Embarcadero/Market.
Negotiating Parties: Potential Buyers and City of Morro Bay.
Negotiations: Voluntary Purchase and Sale.
CS-2
Property: Navy Fuel Depot Property along Panorama Drive
Negotiating Parties: US Government and City of Morro Bay.
Negotiations: Voluntary Purchase and Sale.
LABOR NEGOTIATOR. Conference with City Manager, the City's Designated
Representative, for the purpose of reviewing the City's position regarding the
terms and compensation paid to the City Employees and giving instructions to the
Designated Representative.
The meeting adjourned to Closed Session at 5:00 p.m. and returned to regular session at
5:55 p.m.
MOTION: Councilmember Peirce moved the meeting be adjourned. The motion was
seconded by Councilmember Grantham and unanimously carried. (5-0)
0 The meeting adjourned at 5:55 p.m.
MINUTES - MORRO BAY CITY COUNCIL
® REGULAR MEETING — AUGUST 25, 2008
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: Andrea Lueker
Robert Schultz
Bridgett Bauer
Rick Algert
Brice Ambo
Tim Olivas
Mike Pond
Mike Prater
Susan Slayton
Dylan Wade
Joe Woods
City Manager
City Attorney
City Clerk
Harbor Director
Public Services Director
Police Commander
Fire Chief
Planning Manager
Finance Director
Utilities/Capital Projects Manager
Acting Recreation & Parks Director
® ESTABLISH QUORUM AND CALL TO ORDER
MOMENT OF SILENCE
PLEDGE OF ALLEGIANCE
MAYOR'S REPORTS & ANNOUNCEMENTS
CLOSED SESSION REPORT - City Attorney Robert Schultz reported the City Council
met in Closed Session, and no reportable action under the Brown Act was taken.
PUBLIC COMMENT
Marla Jo Briton addressed Item D-1 (Update on the Morro Basin Nitrate Study) stating
she and Richard Sadowski questions the analysis made by Cleath & Associates regarding
the source of the nitrate contamination in the Morro Basin. She submitted a copy of a
presentation made to the Public Works Advisory Board on the Morro Basin Nitrate
Study, and a letter to the California Regional Water Quality Control Board dated July 7,
2008 for the record (on file in the City Clerk's office).
Joan Carter stated she is a volunteer at Pacific Wildlife Care and found a pelican on the
bait dock that was tied up in fishing line and died from shock of the trauma. She said the
City should be responsible for being a bird sanctuary and posting signs to properly
dispose of fishing line and do not feed the animals.
Claire Grantham announced raffle tickets are being sold at $100 each to benefit the
® Friends of the Fire Department, Friends of the Police Department and Rotary Club. She
said the grand prize is a new Prius or $18,000 cash; second prize is $3,000 and third prize
is $1,500. Ms. Grantham stated the raffle would be held at the Harbor Festival.
® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — AUGUST 25, 2008
David Nelson stated there would be an alternative energy development seminar in
Oregon regarding alternative approaches to power plants, and he would hope someone
from staff would attend. He also said the City needs to repair the entrance to the City.
Cathy Novak announced the Central Coast Natural History Association would be hosting
its first "One -Eyed Skunk" golf tournament on October 18t° and requested participation
or sponsorship.
Noah Smukler stated a Rainwater Harvesting workshop would be held on September 2°d
which will discuss ways of turning water scarcity into water abundance.
Roger Ewing stated he attended the Chamber of Commerce Mixer at the Library on
Wednesday, August 6t°, and the Garden Day event on Saturday, August 9`s both of which
were wonderful events. He also reminded the City that discussions on the library lease
with the County are forthcoming.
Mayor Peters closed the hearing for public comment.
® DECLARATION OF FUTURE AGENDA ITEMS
Councilmember Winholtz requested to agendize a discussion on signage to be located at
the Harbor Department regarding no feeding of animals and proper disposal of fishing
line; Councilmember DeMeritt and Mayor Peters concurred.
Mayor Peters requested to agendize the reconsideration of the Palm Avenue right-of-way
walkway; Councilmember Grantham 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 THE REGULAR CITY COUNCIL MEETING
OF AUGUST 11, 2008; (ADMINISTRATION)
RECOMMENDATION: This item has been pulled from the agenda.
A-2 ANNUAL REVIEW OF MASTER FEE SCHEDULE; (FINANCE)
RECOMMENDATION: Accept the Master Fee Schedule as amended.
u
MINUTES - MORRO BAY CITY COUNCIL
,.® REGULAR MEETING— AUGUST 25, 2008
A-3 DISCUSSION ON COST ALLOCATION PLAN UPDATE PROPOSAL FROM
REVENUE AND COST SPECIALISTS; (FINANCE)
RECOMIAENDATION: Approve the proposal, and direct staff to enter into a
service contract.
A4 RESOLUTION NO. 54-08 OPPOSING FISCALLY IRRESPONSIBLE STATE
BUDGET DECISIONS THAT WOULD `BORROW' LOCAL
GOVERNMENT, REDEVELOPMENT AND TRANSPORTATION FUNDS;
(COUNCIL)
RECOMMENDATION: Adopt Resolution No. 54-08.
A-5 APPROVAL OF LETTER OF SUPPORT FOR THE COMMERCIAL AIR
SERVICE AT THE SAN LUIS OBISPO COUNTY REGIONAL AIRPORT;
(COUNCIL)
RECOMIMENDATION: Approve sending letter of support to the San Luis
Obispo County Air Transportation Alliance
® Councilmember Winholtz pulled Items A-2 and A-3 from the Consent Calendar; Mayor
Peters pulled Item A-4.
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-2 ANNUAL REVIEW OF MASTER FEE SCHEDULE; (FINANCE)
Councilmember Winholtz suggested the following amendments to the Master Fee
Schedule: A) Public Services — Tree Removal: include "Private" Tree Removal, B)
Condominium Conversion Inspection: include Condominium Conversion "Site"
Inspection; and C) Appeals of City decisions excluding Coastal Permits in Coastal
Appeal Jurisdiction — should be listed as a flat fee of $250.00.
MOTION: Councilmember DeMeritt moved the City Council approve Item A-2 of
the Consent Calendar as amended. The motion was seconded by
Councilmember Winholtz and carried unanimously. (5-0)
A-3 DISCUSSION ON COST ALLOCATION PLAN UPDATE PROPOSAL FROM
REVENUE AND COST SPECIALISTS; (FINANCE)
Councilmember Winholtz asked for staff clarification regarding the City preparing its
own service cost study.
4
® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — AUGUST 25, 2008
Finance Director Susan Slayton responded the City does not have the tools to prepare the
initial cost study at this time.
MOTION: Councilmember Winholtz moved the City Council approve Item A-3 of
the Consent Calendar. The motion was seconded by Councilmember
Grantham and carried unanimously. (5-0)
A4 RESOLUTION NO. 54-08 OPPOSING FISCALLY IRRESPONSIBLE STATE
BUDGET DECISIONS THAT WOULD `BORROW' LOCAL
GOVERNMENT, REDEVELOPMENT AND TRANSPORTATION FUNDS;
(COUNCIL)
Mayor Peters addressed this Resolution for public information.
MOTION: Mayor Peters moved the City Council approve Item A-4 of the Consent
Calendar. The motion was seconded by Councilmember Grantham and
carried unanimously. (5-0)
® Mayor Peters called for a break at 7:00 p.m.; the meeting resumed at 7:07 p.m.
B. PUBLIC HEARINGS. REPORTS & APPEARANCES
B-1 CONCEPT PLAN APPROVAL FOR A CONDITIONAL USE PERMIT FOR
THE TEMPORARY HARBOR OFFICE REPLACEMENT PROJECT; (PUBLIC
SERVICES)
Planning Manager Mike Prater stated the Harbor Department is proposing to replace the
existing Harbor office with a new modular building that will continue to serve the City
employees. This project requires the removal/demolition of the existing 966 square foot
structure that is 50+ years old and shows signs of wear. It has been found the existing
structure contains asbestos, lead paint and mold. The Harbor Department employees
have been operating out of the current facility since the 1980's and are running out of
room to effectively and efficiently continue City business. The Planning Commission
held a public hearing on May 19, 2008 to discuss this project and made a
recommendation to the City Council to approve the replacement of the Harbor office with
the recommendation that the maximum height of the building not exceed 14-feet. The
Planning Commission expressed concern with the aesthetics of the building and felt it
should be industrial in nature; that the new building is not attractive and looks almost the
same as the existing building from the 1950's, and the project lacks sidewalk access. Mr.
Prater recommended the City Council conditionally approve this project.
0 Mayor Peters opened the hearing for public comment.
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11
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — AUGUST 25, 2008
Roger Ewing expressed support for this project, and said the Harbor Department would
function better with a building that creates a more peaceful environment.
Mayor Peters closed the public comment hearing
Councilmember Grantham stated he supports the proposed temporary office replacement
project.
Councilmember DeMeritt stated she would like a restriction in height added to the
conditions of the proposed building; otherwise she supports this project.
Councilmember Peirce stated he is supportive of the proposed temporary building;
however, he is not ready to place height or size restrictions at this time.
Councilmember Winholtz stated she would like the height to be restricted to 14-feet. She
said she would like a sidewalk and some nautical theme added to the building conditions.
Mayor Peters stated she supports the replacement of the present building.
MOTION: Councilmember DeMeritt moved the City Council approve the Concept
Plan for a Conditional Use Permit for the temporary Harbor Office
Replacement Project including a condition for a 14-foot height limit and
adding another condition that the lot shall be restricted to any future
second story of 50% volume of the first floor. The motion was seconded
by Councilmember Winholtz.
Councilmember Winholtz stated she could support the motion if the percentage of
volume was higher.
VOTE: The motion failed
Councilmember Peirce,
Peters voting no. (1-4)
with Councilmember Grantham,
Councilmember Winholtz and Mayor
MOTION: Councilmember Grantham moved the City Council approve the Concept
Plan for a Conditional Use Permit for the temporary Harbor Office
Replacement Project with the condition that it does not exceed a 14-foot
maximum height limit. The motion was seconded by Councilmember
Peirce.
Councilmember Peirce asked if the 14-foot height limit was going to be a problem with
the modular structure company.
Mr. Prater responded the company would need the additional 8-inches to get the pitch of
the roof.
2
MINUTES - MORRO BAY CITY COUNCIL
® REGULAR MEETING — AUGUST 25, 2008
Councilmember Peirce withdrew his second to the motion.
The motion was seconded by Councilmember Winholtz.
Councilmember Peirce stated the cost is going to go up if the manufactured building
becomes a custom building.
Councilmember Grantham amended his motion that the modular building will be no
higher than 14 feet if possible at no additional cost; Councilmember Winholtz accepted
the amendment to her second.
VOTE: The motion carried unanimously. (5-0)
Mayor Peters called for a break at 8:06 p.m.; the meeting resumed at 8:14 p.m.
C. UNFINISHED BUSINESS
C-1 DISCUSSION ON THE STATUS OF THE SALE OF CITY -OWNED
PROPERTY AT THE SEC OF CORAL AND SAN JACINTO AND
AUTHORIZATION FOR STAFF TO PREPARE AND SOLICIT A REQUEST
® FOR PROPOSALS FOR REAL ESTATE CONTRACT SERVICES TO ASSIST
IN THE SALE OF THE PROPERTY; (CITY ATTORNEY)
�J
City Attorney Robert Schultz stated the City obtained ownership of the property at SEC
Coral/San Jacinto Street in September 1996. At the time of the dedication, the property
was a possible site for an additional fire station. In 2005, the City Council determined
that alternative sites were better suited for a fire station. Therefore, pursuant to
Resolution No. 30-05, the City Council authorized the sale of the City -owned property
and received a few unacceptable bids for the property. In 2006, the City Council decided
to subdivide the property to maximize its value. Mr. Schultz stated due to the lack of
interest in the property, he recommends the City Council direct staff to prepare and solicit
a Request for Proposals for real estate contract services with the intent that a real estate
company can assist the City in finding a buyer for this property at an acceptable price.
MOTION: Councilmember Grantham moved the City Council authorize staff to
prepare and solicit a Request for Proposals for real estate contract services
with a Morro Bay realtor to assist in the sale of City -owned property
located at the southeast corner of Coral Avenue and San Jacinto Street.
The motion was seconded by Councilmember Peirce and carried
unanimously. (5-0)
7
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — AUGUST 25, 2008
C-2 CONSIDERATION AND CHOICE OF WEBSITE REDESIGN VENDOR;
(FINANCE)
Finance Director Susan Slayton stated at the April 28, 2008 City Council meeting, staff
was directed to reissue the Request for Proposal for website redesign with reduced
requirements and a top budget of $10,000. Twenty proposals were submitted and
reviewed by the Website Redesign Proposal Review Committee. The following three
vendors are recommended for Council consideration: 1) CivicPlus - $9,930; 2) PMC -
$9,949; and 3) Elements - $10,000. Ms. Slayton recommended the City Council select a
vendor for this task and direct staff to secure a contract and begin the project. She said
staff has verified that the project costs can be paid with PEG access fees that are being
collected in the General Fund or, since this is a one-time project, General Fund
Accumulation money can be authorized.
MOTION: Councilmember DeMeritt moved the City Council direct staff to contact
CivicPlus and offer them a contract that would not exceed $10,000, and to
include a site for each department; if that is not accepted, Council directs
staff to choose another vendor. The motion was seconded by
Councilmember Peirce.
Councilmember Grantham suggested amending the motion to offer a contract not to
exceed $12,000 that would include a site for each department.
Councilmember DeMeritt amended her motion that the contract will not exceed $12,000;
Councilmember Peirce accepted the amendment to his second.
VOTE: The motion carried unanimously. (5-0)
D. NEW BUSINESS
D-1 UPDATE ON THE MORRO BASIN NITRATE STUDY; (PUBLIC SERVICES)
Utilities/Capital Projects Manager Dylan Wade stated earlier this year the City Council
adopted the Morro Basin Groundwater Study and provided direction to staff on the
approach to take regarding the contamination of the groundwater basin. The update on
the Morro Basin Nitrate Study was presented to the Public Works Advisory Board, and
they recommended the City Council make resolution of the nitrate issue a top priority for
action. Staff has made and will continue to make efforts in working with both the
commercial farming interests in the Morro Basin as well as with the Regional Water
Quality Control Board; in time these efforts may lead to reductions in the nitrate levels in
the groundwater basin. Mr. Wade recommended the City Council review this update and
® provides direction to staff in regards to remediation of the nitrate levels in the
groundwater basin.
0
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — AUGUST 25, 2008
MOTION: Councilmember Peirce moved the City Council continue discussion on the
Morro Basin Nitrate Study, and authorize the City Attorney to contact the
law firm who handled the Mtbe issues for the City. The motion was
seconded by Councilmember Grantham and carried unanimously. (5-0)
Council requested staff return to Council with the Ordinance relating to water
conservation measures.
D-2 APPROVAL TO ENTER INTO THE 2008/2009 CENTRAL COAST WATER
RELIABILITY AGREEMENT WITH THE COUNTY OF SAN LUIS OBISPO;
(PUBLIC SERVICES)
Utilities/Capital Projects Manager Dylan Wade stated the historical practice by the
County of San Luis Obispo has been to ensure requested deliveries to the State Water
Subcontractors, the largest of which is the City of Morro Bay. They have accomplished
this by using the unallocated State water amount allotted to the County of San Luis
Obispo as a form of informal drought buffer to benefit the reliability of water delivered to
the subcontractors. For the first half of calendar year 2008, the City entered into an
agreement for the draft form of this program; the agreement as finalized is now a multi-
year agreement serving both 2008/2009. The pricing of the water to be transferred under
this agreement will be $160 an acre-foot. The City under current projections is facing a
shortfall of up to 52 acre-feet of State Water Deliveries for the remainder of 2008, which
will result in a maximum impact of $8,320 to the Water Division Operating budget. Mr.
Wade recommended the City Council authorize him to enter into the 2008/2009 Central
Coast Water Reliability Agreement with the County of San Luis Obispo.
MOTION: Councilmember Grantham moved the City Council authorize the
Utilities/Capital Projects Manager to enter into the 2008/2009 Central
Coast Water Reliability Agreement with the County of San Luis Obispo.
The motion was seconded by Councilmember Peirce.
Councilmember Winholtz stated she would be voting in opposition to this motion
because the City already pays for more than enough water with the State. She said she
would prefer to promote conservation rather than purchase more water.
VOTE: The motion carried with Councilmember Winholtz voting no. (4-1)
C
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — AUGUST 25, 2008
D-3 DISCUSSION ON TRADEMARKING THE SLOGAN, "DISCOVER YOUR
BETTER NATURE"; (CITY ATTORNEY)
City Attorney Robert Schultz stated the City's Community Promotions Committee
requested he research the process of an application with the Federal Trademark
Commission to trademark the slogan, "Discover Your Better Nature." He noted that
obtaining a federal trademark registration is a time-consuming process that may require
the expertise of an intellectual property attorney to successfully navigate the numerous
obstacles that can arise. Mr. Schultz recommended the City Council review the
information provided and directs staff on whether to trademark the slogan, "Discover
Your Better Nature."
MOTION: Mayor Peters moved the City Council direct staff to hire an attorney to
secure the trademark slogan "Discover Your Better Nature", and consider
the cost of $3,000 be taken from the $10,000 that may be allocated to the
Community Promotions Committee at the mid -year budget review. The
motion was seconded by Councilmember Peirce.
Councilmember DeMeritt requested an amendment to the motion to state the cost is to
® not exceed $3,000.
11
Mayor Peters amended her motion to state the cost is to not exceed $3,000;
Councilmember Peirce amended his second.
City Attorney Robert Schultz clarified that the previous motion does not allocate secured
funds.
Mayor Peters withdrew her motion; Councilmember Peirce withdrew his second to the
motion.
MOTION: Councilmember Grantham moved the City Council direct staff to move
forward with trademarking the slogan "Discover Your. Better Nature", and
funding should be taken out of the Community Promotions Committee
budget. The motion was seconded by Councilmember Winholtz and
failed with Councilmember DeMeritt, Councilmember Peirce and Mayor
Peters voting no. (2-3)
MOTION: Councilmember Peirce moved the City Council direct staff to proceed
with trademarking the slogan "Discover Your Better Nature" with the cost
not to exceed $3,000. The motion was seconded by Councilmember
DeMeritt and carried with Councilmember Grantham voting no. (4-1)
10
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — AUGUST 25, 2008
D4 CONSIDERATION OF REORGANIZATION OF CITY DEPARTMENTS
INCLUDING ADMINISTRATION, FINANCE AND RECREATION &
PARKS; AMENDMENTS AND TITLE CHANGE TO THE JOB
DESCRIPTIONS FOR THE FINANCE DIRECTOR AND RECREATION AND
PARKS MAINTENANCE SUPERINTENDENT AND APPROVAL OF THE
PERSONNEL TECHNICIAN JOB DESCRIPTION; (ADMINISTRATION)
City Manager Andrea Lueker stated the City Council contracted with Management
Partners in late 2007 to conduct an organizational assessment of the City of Morro Bay.
The firm began fact finding and research for the study in early 2008 and produced a
document entitled Assessment of City Organization and Financial Options in May 2008.
A Goal Setting workshop was held in June 2008; and, another workshop on the strategies
and recommendations was held on August 13, 2008. Based on the discussions held on
cost -saving strategies, Ms. Lueker made recommendations to the City Council on the
reorganization of City departments.
MOTION: Councilmember Grantham moved the City Council approve the
reorganization of City departments including Administration, Finance and
Recreation & Parks; amendments and title change to the job descriptions
for the Finance Director and Recreation and Parks Maintenance
Superintendent, and approval of the Personnel Technician job description.
The motion was seconded by Councilmember Peirce and carried
unanimously. (5-0)
ADJOURNMENT
The meeting adjourned at 9:30 p.m.
Recorded by:
Bridgett Bauer
City Clerk
11
® City of Morro Bay
Morro Bay, CA 93442
(805) 772-6200.
NOTICE OF SPECIAL CLOSED
AND OPEN SESSION MEETING
NOTICE IS HEREBY GIVEN that the Morro Bay City Council will
be holding a Closed Session Meeting on Wednesday. August 13, 2008 at
1:00 a.m. to be held in the Morro Bay Community Center Conference Room
located at 1001 Kennedy Way, Morro Bay, California. The City Council
will be discussing the following:
GOVERNMENT CODE SECTION 54957, PERSONNEL ISSUES.
® Discussions regarding Personnel Issues regarding organizational
assessment of City personnel.
NOTICE IS HEREBY GIVEN that The City Council will adjourn
after the Closed Session Meeting to a Special Open Session Workshop that
will be held in the Community Center Auditorium located at 1001 Kennedy
Way, Morro
Bay, California to
discuss
the Recommendations
in the
Management
Partners Report
entitled
ASSESSMENT OF
CITY
ORGANIZATION AND FINANCIAL OPTIONS.
DATED: August 11, 2008
Bridgett IkAuer, 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.
® City of Morro Bay
City Council Agenda
Mission Statement
The City of Morro Bay is dedicated to the preservation and enhancement of the quality
of life The City shall be committed to this purpose and will provide a level of
municipal service and safety consistent with and responsive to the needs of the public.
REGULAR MEETING — AUGUST 11, 2008
CLOSED SESSION — AUGUST 11, 2008
CITY HALL CONFERENCE ROOM - 5:00 P.M.
595 HARBOR ST., MORRO BAY, CA
CS-1 GOVERNMENT CODE SECTION 54956.9(a); CONFERENCE WITH
is LEGAL COUNSEL REGARDING PENDING LITIGATION
SPRINT PCS ASSETS V CITY OF MORRO BAY
TRAVERS AND NORDIN V CITY OF MORRO BAY
IT IS NOTED THAT THE CONTENTS OF CLOSED SESSION MEETINGS
ARE CONFIDENTIAL AND EXEMPT FROM DISCLOSURE.
L*
® PUBLIC SESSION — AUGUST 11, 2008
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 REGULAR CITY COUNCIL MEETING OF
® JULY 14, 2008; (ADMINISTRATION)
RECOMMENDATION: Approve as submitted.
A-2 RESOLUTION NO. 48-08 AUTHORIZING THE ANNUAL TRANSFER OF
EXCESS OPERATING CASH TO ACCUMULATION FUNDS; (FINANCE)
RECOMMENDATION: Adopt Resolution No. 48-08.
A-3 RESOLUTION NO. 49-08 ADOPTING REVISIONS TO THE MASTER FEE
SCHEDULE; (FINANCE)
RECOMMENDATION: Adopt Resolution No. 49-08.
A4 AUTHORIZATION TO FILE FEDERAL LITIGATION AGAINST VANCE
AND LOLA JONES IN REGARD TO THEIR DERELICT AND ABANDONED
VESSEL, THE ST. JOSEPH; (HARBOR)
RECOMMENDATION: Authorize litigation to ensure removal of the derelict
and abandoned vessel, the St. Joseph, and obtain a judgment for delinquent
mooring/docking fees.
® B. PUBLIC HEARINGS. REPORTS & APPEARANCES
B-I RESOLUTION NO. 53-08 SUPPORTING THE ESTABLISHMENT OF AN
OFF LEASH DOG PARK AT DEL MAR PARK AND AUTHORIZING STAFF
TO PROCESS GENERAL PLAN AND MASTER PLAN AMENDMENTS ON
BEHALF OF MORRO PUPS; (CITY ATTORNEY)
RECOMMENDATION: Adopt Resolution No. 53-08.
B-2 CONTINUED PUBLIC HEARING FROM AUGUST 4, 2008 ON THE
RECONSIDERATION OF THE APPEAL OF THE PLANNING
COMMISSION'S APPROVAL AND THE CITY COUNCIL'S DENIAL OF A
CONDITIONAL USE PERMIT AND COASTAL DEVELOPMENT PERMIT
FOR A WIRELESS TELECOMMUNICATIONS FACILITY AT 545 SHASTA
AVENUE. (CITY ATTORNEY)
RECOMMENDATION: The City Council should rescind any and all previous
action taken by City Council in regard to this project and approve the
project subject to the Findings, Conditions of Approval and Mitigated
Negative Declaration.
C. UNFINISHED BUSINESS - NONE.
E
3
® D. NEW BUSINESS
D-1 CONSIDERATION OF PARTICIPATION IN THE VECTOR CONTROL
BENEFIT ASSESSMENT DISTRICT; (ADMINISTRATION)
RECOMMENDATION: Review information and make decision on participation
in the County Vector Control Program.
D-2 RESOLUTION NO. 50-08 DETERMINING ISSUANCE OF AN ALCOHOL
BEVERAGE CONTROL PERMIT FOR A WINE TASTING ROOM LOCATED
AT 307 MORRO BAY BOULEVARD; (ADMINISTRATION)
RECOMMENDATION: Adopt Resolution No. 50-08.
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.
® MATERIALS RELATED TO AN ITEM ON THIS AGENDA SUBMITTED TO
THE CITY COUNCIL AFTER DISTRIBUTION OF THE AGENDA PACKET
ARE AVAILABLE FOR PUBLIC INSPECTION AT CITY HALL LOCATED AT
595 HARBOR STREET; MORRO BAY LIBRARY LOCATED AT 625 HARBOR
STREET; AND MH.L'S COPY CENTER LOCATED AT 495 MORRO BAY
BOULEVARD DURING NORMAL BUSINESS HOURS.
E
IN COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT, IF
YOU NEED SPECIAL ASSISTANCE TO PARTICIPATE IN A CITY MEETING,
PLEASE CONTACT THE CM 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 —AUGUST 11, 2008
CITY HALL CONFERENCE ROOM - 5:00 P.M.
Mayor Peters called the meeting to order at 5:00 p.m
PRESENT: Janice Peters
Mayor
Melody DeMeritt
Councilmember
Rick Grantham
Councilmember
William Peirce
Councilmember
Betty Winholtz
Councilmember
STAFF: Andrea Lueker
City Manager
Robert Schultz
City Attorney
CLOSED SESSION
MOTION: Councilmember Grantham 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 54956.9(a); CONFERENCE WITH LEGAL
COUNSEL REGARDING PENDING LITIGATION
SPRINT PCS ASSETS V CITY OF MORRO BAY
TRAVERS AND NORDIN V CITY OF MORRO BAY
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 DeMeritt and unanimously carried. (5-0)
The meeting adjourned at 5:50 p.m.
u
® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — AUGUST 11, 2008
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: Andrea Lueker
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
Joe Woods Acting Recreation & Parks Director
ESTABLISH QUORUM AND CALL TO ORDER
® MOMENT OF SILENCE
PLEDGE OF ALLEGIANCE
MAYOR'S REPORTS & ANNOUNCEMENTS
CLOSED SESSION REPORT - City Attorney Robert Schultz reported the City Council
met in Closed Session, and no reportable action under the Brown Act was taken.
PUBLIC COMMENT
Keith Taylor announced tickets are available for a fundraiser supporting the Police
Department, Fire Department and Rotary Club with a chance to win a Prius or $18,000.
Jim Nance encouraged citizens to support the Veterans Outreach for those who have
served and are serving in the armed forces.
Nancy Castle stated Chess Live would be performing every second and fourth Sundays of
the month at the giant chessboard on the Embarcadero. She also requested fabric for
festival flags for the tents at the Harbor Festival.
Mayor Peters closed the hearing for public comment.
DECLARATION OF FUTURE AGENDA ITEMS — None.
2
® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — AUGUST 11, 2008
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
JULY 14, 2008; (ADMINISTRATION)
RECOMMENDATION: Approve as submitted.
A-2 RESOLUTION NO. 48-08 AUTHORIZING THE ANNUAL TRANSFER OF
EXCESS OPERATING CASH TO ACCUMULATION FUNDS; (FINANCE)
RECOMMENDATION: Adopt Resolution No. 48-08.
A-3 RESOLUTION NO. 49-08 ADOPTING REVISIONS TO THE MASTER FEE
SCHEDULE; (FINANCE)
® RECOMMENDATION: Adopt Resolution No. 49-08.
n
AA AUTHORIZATION TO FILE FEDERAL LITIGATION AGAINST VANCE
AND LOLA JONES IN REGARD TO THEIR DERELICT AND ABANDONED
VESSEL, THE ST. JOSEPH; (HARBOR)
RECOMMENDATION: Authorize litigation to ensure removal of the derelict
and abandoned vessel, the St. Joseph, and obtain a judgment for delinquent
mooring/docking fees.
Councilmember Winholtz pulled Item A-3 from the Consent Calendar.
MOTION: Councilmember Grantham moved the City Council approve the Consent
Calendar with the exception of Item A-3. The motion was seconded by
Councilmember Winholtz and carried unanimously. (5-0)
A-3 RESOLUTION NO. 49-08 ADOPTING REVISIONS TO THE MASTER FEE
SCHEDULE; (FINANCE)
Councilmember Winholtz stated tenants should not be held responsible for paying a deposit
for water service, and the property owner should be responsible for water service.
3
® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — AUGUST 11, 2008
MOTION: Councilmember Winholtz moved the City Council adopt Resolution No.
49-08 adopting revisions to the Master Fee Schedule with the deletion of
the utility deposit for tenants only, and request staff to return with an
ordinance that would make property owners responsible for application of
water bills. The motion was seconded by Councilmember Grantham and
carried unanimously. (5-0)
Mayor Peters called for a break at 6:55 p.m.; the meeting resumed at 7:10 p.m.
B. PUBLIC HEARINGS. REPORTS & APPEARANCES
B-I RESOLUTION NO. 53-08 SUPPORTING THE ESTABLISHMENT OF AN
OFF LEASH DOG PARK AT DEL MAR PARK AND AUTHORIZING STAFF
TO PROCESS GENERAL PLAN AND MASTER PLAN AMENDMENTS ON
BEHALF OF MORRO PUPS; (CITY ATTORNEY)
City Attorney Robert Schultz stated an off -leash dog park located in Morro Bay has been
® a topic of discussion for several years. The last action taken by the City Council was on
April 28, 2008 when it adopted a Memorandum of Understanding with Morro Bay Pups.
Pursuant to the MOU with Morro Bay Pups, on June 5, 2008 the Recreation & Parks
Commission reviewed and approved the proposed design concept for an off -leash dog
area within. Del Mar Park and directed staff to forward a recommendation to amend the
Master Plan for Del Mar Park directly to City Council. Mr. Schultz recommended the
City Council adopt Resolution No. 53-08 supporting the establishment of an off -leash
dog park at Del Mar Park and authorize staff to process General Plan and Master Plan
amendments on behalf of Morro Bay Pups.
Mayor Peters opened the hearing for public comment
The following people expressed support for establishing an off -leash dog park at Del Mar
Park: Roger Ewing, Mary Stallard, Noah Smukler, George Bomely, Nancy Williams,
Ilean Doering, Mary Norby, Steven Marketello, Joe Hoeflich, and Jane von Koehe.
The following people expressed opposition to establishing an off -leash dog park at Del
Mar Park: Jeanne McIntosh, Patrick Ayotte, Mike Anderson and Lindsay Ayotte.
Mayor Peters closed the public comment hearing
2
AA
® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — AUGUST 11, 2008
Councilmember Winholtz expressed support for an off -leash dog park at Del Mar Park.
She said traffic and flooding concerns should be addressed, and traffic should be directed
away from the Island Street parking area. Councilmember Winholtz stated tourists
should be directed to go to a beach that is accessible to walking their dogs to reduce the
impact to this dog park.
Councilmember Peirce stated although he sympathizes with the Island Street
neighborhood, this is a good location for a dog park.
Councilmember Grantham stated he is encouraged with this proposed plan and location.
He said there should be a restriction that all dogs remain on a leash until they are in the
designated off -leash area.
Councilmember DeMeritt stated she is an enthusiastic supporter of this dog park She
said it is necessary with the limited areas available on the smaller lots in the City for dogs
to run.
Mayor Peters expressed support for this dog park. She said the parking should not impact
Island Street, and the dogs will be interacting with each other and there should not be too
® much noise. Mayor Peters encouraged the neighboring property owners to participate in
the upcoming meetings to review the requirements of this dog park.
MOTION: Councilmember DeMeritt moved the City Council adopt Resolution No.
53-08 supporting the establishment of an Off -Leash Dog Park at Del Mar
Park and authorizing Staff to process General Plan and Master Plan
Amendments on behalf of Morro Pups. The motion was seconded by
Councilmember Grantham and carried unanimously. (5-0)
Mayor Peters called for a break at 7:50 p.m.; the meeting resumed at 8:00 p.m.
B-2 CONTINUED PUBLIC HEARING FROM AUGUST 4, 2008 ON THE
RECONSIDERATION OF THE APPEAL OF THE PLANNING
COMMISSION'S APPROVAL AND THE CITY COUNCIL'S DENIAL OF A
CONDITIONAL USE PERMIT AND COASTAL DEVELOPMENT PERMIT
FOR A WIRELESS TELECOMMUNICATIONS FACILITY AT 545 SHASTA
AVENUE. (CITY ATTORNEY)
City Attorney Robert Schultz stated the proposed facility would consist of the removal of
the existing cross and subsequent installation of a RF-friendly cross with one, three -panel
electromagnetic satellite antenna to be located entirely within the cross, and construction
of a twenty -foot deep by ten -foot wide fenced equipment storage area. Mr. Schultz
reviewed the history of this application:
n
LJ
® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING —AUGUST 11, 2008
• On August 20, 2007, the Planning Commission approved the applicant's request
for Coastal Development Permit and Conditional Use Permit approvals for the
erection of a wireless telecommunications facility at 545 Shasta Avenue.
• On August 29, 2007, Ann Travers and Barbara Nordin appealed the Planning
Commission's approval of a wireless telecommunications facility at this location.
• On October 22, 2007, after considering evidence presented by interested parties
during a public hearing, the City Council voted to overturn the approval of the
Planning Commission and denied the application.
• On November 21, 2007, in response to the City Council's denial of its application,
Sprint filed a Complaint in Federal Court against the City.
• On June 9, 2008, the City Council approved a settlement agreement that disposed
of all such matters and controversies that were raised or could have been raised in
the litigation including allowing Sprint to construct a wireless
® telecommunications facility at 545. Shasta Avenue and dismissal of the litigation.
• On July 8, 2008, the City received a letter from an attorney for Ann Travers and
Barbara Nordin alleging the City violated the Brown Act at the June 9, 2008 City
Council meeting.
• On July 14, 2008, the City Council rescinded the action taken at the June 9, 2008
meeting pertaining to the granting of any permit or entitlement for the
construction of a wireless telecommunications facility at 545 Shasta Avenue.
• On August 4, 2008, the City Council scheduled a public hearing for
reconsideration of the appeal of the Planning Commission's approval and the City
Council's denial of a wireless telecommunications facility at 545 Shasta Avenue;
this public hearing was continued to this meeting.
Mr. Schultz recommended the City Council rescind any and all previous action taken by
City Council in regard to this project and conditionally approve the project by adopting a
motion including the following actions:
A. Find that the Mitigated Negative Declaration is complete and adequate under the
requirements of the California Environmental Quality Act (CEQA) and that it was
considered in reviewing the merits of the proposed project;
0 B. Adopt the Findings for Approval, including findings required by CEQA;
® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — AUGUST 11, 2008
C. Approve the Conditional Use Permit and Coastal Development Permit subject to
the Conditions of Approval.
Ann Travers, appellant, stated the City should continue the moratorium on wireless
telecommunications facilities until it has an updated ordinance that will make a level
playing field for all wireless telecommunication facilities. She said she has been in contact
with staff of Representative Lois Capps' office to consider support for the amendment to the
Telecommunications Act to enable more local control for local jurisdictions to work with
the various telecommunication vendors in a fair and equitable.way.
Michael Jencks, attorney for appellants, stated companies enforcing the
Telecommunications Act have superior resources' to local jurisdictions in attempting to
preserve local authority. He said the appellants question the sufficiency to the mitigations
of the Negative Declaration. Mr. Jencks stated the appellants' only requested relief or
action is that the City imposes a moratorium on approval of any permits for the installation
of cell sites until local rules and regulations have been developed and approved by the City
Council. In addition, the appellants have concern with potential health implications of
wireless telecommunications facilities.
® Barbara Nordin, appellant, stated at the October 22, 2007 Council meeting, the City Council
voted against the location of this proposed wireless telecommunication facility. She said the
City should have the welfare if its community in mind rather than giving in to a large
corporation.
Scott Yamaguchi, attorney for the applicant, urged the City Council to implement the
federal judgment and settlement agreement and proceed with approving the project and
submitting the permits. He said the federal courts made clear that the Federal
Telecommunications Act must be given force and trumps state and local court decisions.
Mr. Yamaguchi stated it could be a costly mistake by the City by incurring legal fees by not
following through and implementing the federal judgment.
Mayor Peters opened the hearing for public comment.
The following people expressed support for the construction of a wireless
telecommunications facility at 545 Shasta Avenue: Bud Zeuschner, Jerry Anderson,
Walter Shoub, Donna Baker, Sandra Gordon, Charles Erickson, Diane Ludin, and
Leonore Erickson.
The following people expressed opposition to the construction of a wireless
telecommunications facility at 545 Shasta Avenue: Peter Risley and Roger Ewing.
7
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — AUGUST 11, 2008
Michael Jencks, attorney for the appellants, stated one of the primary concerns with the
Telecommunications Act is there is no discrimination between cellular service providers.
He said the federal court action preempts the act of radiation safety standards. Mr.
Jencks stated the conditions of this project are woefully inadequate in environmental and
land use issues.
Scott Yamaguchi, attorney for the applicant, stated the federal settlement agreement in
this case imposed certain obligations that were approved by the federal judge. He
recommended the City implement the judgment made in federal court.
Mayor Peters closed the public comment hearing.
Councilmember Winholtz stated her concern is with impacting property values by
placing commercial uses in a residential area. Another concern she has is with the
emissions from a cell tower and the affect on the flight patterns of birds. Councilmember
Winholtz stated unfortunately the lawsuit places a defining role with this decision and the
City has a mild chance of being successful at the federal level. She said it is important to
® note that Sprint has had a difficult time locating a tower in the City because it is not a
desirable use in the locations that are proposed.
Councilmember Peirce stated his comments remain the same and he continues to support
staffs recommendation.
Councilmember Grantham stated he is unwilling to place the City in a precarious position
with the federal judicial system. He stated he would support the agreement with Sprint.
Councilmember DeMeritt stated corporations invented the Federal Communication Act.
She said the danger of cell phone towers has not been proven. Councilmember DeMeritt
stated winning over federal court is not likely and this is a difficult decision.
Mayor Peters stated the original vote on this project was based on land use, which at the
time was not in the City's zoning ordinance. She said the City has no ordinance over the
placement of cell phone towers in residential areas at this time; however, a moratorium
has since been enacted. Mayor Peters stated it is the Council's responsibility to protect
the public from entering into a federal court lawsuit.
Councilmember Winholtz referred to Exhibit "A" of the staff report and requested to
remove findings H and M; Council concurred.
N
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — AUGUST 11, 2008
MOTION: Councilmember Grantham moved the City Council approve a Conditional
Use Permit and Coastal Development Permit to allow for the
establishment of a wireless telecommunications facility at 545 Shasta
Avenue with the amendments made to Exhibit "A", finding H (removal of
the word "and"), and the removal of finding "M". The motion was
seconded by Councilmember Peirce and carried with Councilmember
DeMeritt voting no. (4-1)
C. UNFINISHED BUSINESS —None.
D. NEW BUSINESS
D-1 CONSIDERATION OF PARTICIPATION IN THE VECTOR CONTROL
BENEFIT ASSESSMENT DISTRICT; (ADMINISTRATION)
City Manager Andrea Lueker introduced Curtis Batson, Director of the San Luis Obispo
County Environmental Health Agency who gave a report on the County Vector Control
Program. Mr. Batson stated on April 1, 2008 the San Luis Obispo County Board of
Supervisors authorized the Health Agency's Environmental Health Division to proceed
with a property owner assessment ballot measure to create a benefit assessment intended
to provide permanent annual funding for a vector control program. The proposed vector
control services would consist of public education, surveillance, abatement and response
to disease outbreaks for all vectors and vector-bome diseases. The County expects to
conduct the ballot measure in May 2009, and each city has the option of participating in
the Vector Control Program.
Councilmember Winholtz expressed concern with the control over the City, and the
program appears to be expanded without the need being demonstrated.
Councilmember Peirce stated the program's main focus is on abating mosquitoes, which
he is comfortable with.
Councilmember Grantham stated the West Nile Virus is a good enough reason to support
this program.
Councilmember DeMeritt stated she is opposed in participating in this program because
there is no great need in Morro Bay. She said the Department of Fish & Game already
maintains the creeks and streams located in the City.
Mayor Peters stated she would support placing this on the ballot so the citizens can
® decide if they would like to participate in this program.
V1
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING —AUGUST 11, 2008
MOTION: Councilmember Grantham moved the City Council approve the City's
participation in placing the Vector Control Program as a measure on the
ballot in May 2009. The motion was seconded by Councilmember Peirce
and carried with Councilmember DeMeritt and Councilmember Winholtz
voting no. (3-2)
D-2 RESOLUTION NO. 50-08 DETERMINING ISSUANCE OF AN ALCOHOL
BEVERAGE CONTROL PERMIT FOR A WINE TASTING ROOM LOCATED
AT 307 MORRO BAY BOULEVARD; (ADMINISTRATION)
City Manager Andrea Lueker stated an application was made for a permit from the
Department of Alcoholic Beverage Control (ABC) to operate a wine tasting room at 307
Morro Bay Boulevard. ABC automatically denies permits to sell alcohol beverages if
there is an "undue concentration" of licenses in the census tract. In order for the ABC to
issue the license, they require the local governing body to determine that the "public
convenience and necessity" would be served by the issuance of the license. The Police
Department has reviewed this application and has no significant concerns at this time
with a wine tasting room at this location.
MOTION: Councilmember Peirce moved the City Council adopt Resolution No. 50-08
determining issuance of an Alcohol Beverage Control Permit for a Wine
Tasting Room located at 307 Morro Bay Boulevard. The motion was
seconded by Councilmember Winholtz and carried unanimously. (5-0)
ADJOURNMENT
The meeting adjourned at 9:18 p.m.
Recorded by:
Bridgett Bauer
City Clerk
E
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.
SPECIAL MEETING - AUGUST 4, 2008
VETERANS MEMORIAL HALL - 4:00 P.M.
209 SURF ST., MORRO BAY, CA
PUBLIC HEARINGS. REPORTS & APPEARANCES
B-1 CONSIDERATION OF A CDBG PLANNING AND TECHNICAL
ASSISTANCE (ECONOMIC DEVELOPMENT) GRANT APPLICATION FOR
A REDEVELOPMENT FEASIBILITY STUDY AND ADOPTION OF A
is
RESOLUTION APPROVING THE APPLICATION AND
GRANT AGREEMENT; (PUBLIC SERVICES)
RECOMMENDATION: RECOMMENDATION: Adopt Resolution No. 51-08
approving an Application for Funding in the amount of $35,000 from the
Community Development Block Grant "Economic Development" Planning
and Technical Assistance (P/TA) Grant Application for a Redevelopment
Feasibility Study and the Execution of a Grant Agreement and any
amendments thereto.
B-2 CONSIDERATION OF A CDBG PLANNING AND TECHNICAL
ASSISTANCE (GENERAL ALLOCATION) GRANT APPLICATION FOR A
REDEVELOPMENT FEASIBILITY STUDY AND ADOPTION OF A
RESOLUTION APPROVING THE APPLICATION AND GRANT
AGREEMENT; (PUBLIC SERVICES)
RECOMMENDATION: Adopt Resolution No. 52-08 approving an Application
for Funding in the amount of $35,000 from the Community Development
Block Grant "General Allocation" Planning and Technical Assistance (P/TA)
Grant Application for a Redevelopment Feasibility Study and the Execution
of a Grant Agreement and any amendments thereto.
E
® B-3 RECONSIDERATION OF THE APPEAL OF THE PLANNING
COMMISSION'S APPROVAL AND THE CITY COUNCIL'S DENIAL OF A
WIRELESS TELECOMMUNICATIONS FACILITY AT 545 SHASTA
AVENUE. (CITY ATTORNEY)
RECOMMENDATION: The City Council should rescind any and all previous
action taken by City Council in regard to this project and approve the
project subject to the findings and conditions of approval.
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.
MATERIALS RELATED TO AN ITEM ON THIS AGENDA SUBMITTED TO
THE CITY COUNCIL AFTER DISTRIBUTION OF THE AGENDA PACKET
ARE AVAILABLE FOR PUBLIC INSPECTION AT CITY HALL LOCATED AT
595 HARBOR STREET; MORRO BAY LIBRARY LOCATED AT 625 HARBOR
STREET; AND MILL'S COPY CENTER LOCATED AT 495 MORRO BAY
BOULEVARD DURING NORMAL BUSINESS HOURS.
® 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
is VETERANS
MEETING — AUGUST 4, 2008
VETERANS MEMORIAL HALL - 4:00 P.M.
Mayor Peters called the meeting to order at 4:03 p.m.
PRESENT: Janice Peters Mayor
Melody DeMeritt
Councilmember
William Peirce
Councilmember
Rick Grantham
Councilmember
ABSENT: Betty Winholtz
Councilmember
STAFF: Rob Schultz
City Attorney
Susan Slayton
Finance Director
Bruce Ambo
Public Services Director
Kimberly Peeples
Housing Programs Coordinator
Planning Manager
Mike Prater
Joe Woods
Acting Recreation & Parks Director
PUBLIC HEARINGS. REPORTS & APPEARANCES
® B-1 CONSIDERATION OF A CDBG PLANNING AND TECHNICAL
ASSISTANCE (ECONOMIC DEVELOPMENT) GRANT APPLICATION FOR
A REDEVELOPMENT FEASIBILITY STUDY AND ADOPTION OF A
RESOLUTION APPROVING THE APPLICATION AND
GRANT AGREEMENT; (PUBLIC SERVICES)
Public Services Director Bruce Ambo presented the staff report noting the only funding
source that will be used for the cash match is the CDBG fund; the General Fund will not
be affected. He recommended the City Council receive public comment, and adopt
Resolution No. 51-08 approving an Application for Funding in the amount of $35,000
from the Community Development Block Grant "Economic Development" Planning and
Technical Assistance (P/TA) Grant Application for a Redevelopment Feasibility Study
and the Execution of a Grant Agreement and any amendments thereto.
Mayor Peters opened the hearing for public comment; there were no comments and
Mayor Peters closed the public comment hearing.
MOTION: Councilmember Grantham moved the City Council adopt Resolution No.
51-08 approving an Application for Funding in the amount of $35,000
from the Community Development Block Grant "Economic
Development" Planning and Technical Assistance (P/TA) Grant
Application for a Redevelopment Feasibility Study and the Execution of a
Grant Agreement and'any amendments thereto. The motion was seconded
® by Councilmember Peirce and carried unanimously. (4-0)
MINUTES - MORRO BAY CITY COUNCIL
® SPECIAL MEETING — AUGUST 4, 2008
B-2 CONSIDERATION OF A CDBG PLANNING AND TECHNICAL
ASSISTANCE (GENERAL ALLOCATION GRANT APPLICATION FOR A
REDEVELOPMENT FEASIBILITY STUDY AND ADOPTION OF A
RESOLUTION APPROVING THE APPLICATION AND GRANT
AGREEMENT; (PUBLIC SERVICES)
Public Services Director Bruce Ambo presented the staff report noting this application
will be coupled with Item B-I to cover the majority of the costs of the Redevelopment
Feasibility Study. He recommended the City Council receive public comment, and adopt
Resolution No. 52-08 approving an Application for Funding in the amount of $35,000
from the Community Development Block Grant "General Allocation" Planning and
Technical Assistance (P/TA) Grant Application for a Redevelopment Feasibility Study
and the Execution of a Grant Agreement and any amendments thereto.
Mayor Peters opened the hearing for public comment; there were no comments and
Mayor Peters closed the public comment hearing.
MOTION: Councilmember Peirce moved the City Council adopt Resolution No. 52-08
approving an Application for Funding in the amount of $35,000 from the
® Community Development Block Grant "General Allocation" Planning and
Technical Assistance (P/TA) Grant Application for a Redevelopment
Feasibility Study and the Execution of a Grant Agreement and any
amendments thereto. The motion was seconded by Councilmember
Grantham and carried unanimously. (4-0)
B-3 RECONSIDERATION OF THE APPEAL OF THE PLANNING
COMMISSION'S APPROVAL AND THE CITY COUNCIL'S DENIAL OF A
WIRELESS TELECOMMUNICATIONS FACILITY AT 545 SHASTA
AVENUE. (CITY ATTORNEY)
Planning Manager Mike Prater made a presentation reviewing the history of the project
and the appeal of locating a Wireless Telecommunications Facility at 545 Shasta Avenue;
the federal regulations that affect this project, and reviewed the coverage maps provided
by Sprint.
Ann Travers, appellant, addressed the Council highlighting her previous appeal request,
the history of the appeal and the current moratorium. She requested the City Council
support this appeal.
Michael Jencks, attorney for the appellants, presented copies of a memo to the City
Council and reviewed how the Telecommunications Act is applicable to this project. Mr.
Jencks also asked to have the October 22, 2007 record made part of today's record
® (which is on record at the City Clerk's office), and stated the CEQA review is not on the
agenda description so he felt the reconsideration had not been noticed properly.
E
MINUTES - MORRO BAY CITY COUNCIL
® SPECIAL MEETING — AUGUST 4, 2008
Barbara Norton, appellant, asked the Council what is going to define the non -moratorium
neighborhood; why only part of the settlement was rescinded if a federal judge notified
that it was rescinded; and, what has changed since the October 22, 2007 meeting.
Mayor Peters opened the hearing for public comment; there were no comments and
Mayor Peters closed the public comment hearing.
Councilmember DeMeritt stated she is not sure if the tower is necessary at this location
due to the service area map shown online for Sprint, which shows complete coverage in
Morro Bay. She said she is going to uphold the initial appeal and rely on the
Telecommunications Act and the City Council to protect the community.
Councilmember Peirce stated the map they were provided might be accurate based upon
the engineering that was done when they put their tower on Radcliffe Avenue. He said
he would like to see changes to the zoning ordinance to support these changes, but
nothing can be done until the Coastal Commission reviews these amendments.
Councilmember Grantham stated the settlement agreement is not relevant to his decision
tonight and he is still a proponent for placing telecommunications facilities on City
® property.
Mayor Peters stated she did not feel anything was hidden from public scrutiny, no exparte
communications have happened, and there is no law preventing them from approving cell
sites in residential areas.
MOTION: Councilmember DeMeritt moved the City Council uphold the appeal and
deny the Wireless Telecommunications Facility at 545 Shasta Avenue.
The motion was seconded by Councilmember Grantham and failed with
Councilmember Peirce and Mayor Peters voting no. (2-2)
MOTION: Councilmember DeMeritt moved the City Council continue this item to the
August 11, 2008 City Council Meeting. The motion was seconded by
Councilmember Grantham and carried unanimously. (4-0)
p7pow w1kyjInit'lI
The meeting adjourned at 5:08 p.m.
Recorded by:
I
® Kimberlyteepps
Housing Programs/Office Coordinator
E
0 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, JULY 289 2008
HAS BEEN CANCELED
The next regularly scheduled meeting will be held on
Monday, August 11, 2008; 6:00 p.m., Veterans Hall.
FINANCE ADMINISTRATION
595 Harbor Street 595 Harbor Street
HARBOR DEPT.
1275 Embarwdero Road
CITY ATTORNEY
955 Sbasta Avenue
FIRE DEPT.
715 Harbor Street
POLICE DEPT.
870 Morro Bav Boulevard
PUBLIC SERVICES
955 Shasta Avenue
RECREATION & PARKS
1001 Kennedv Wav
® 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.
CS-1
® CS-2
CS-3
REGULAR MEETING — JULY 14, 2008
CLOSED SESSION — JULY 14, 2008
CITY HALL CONFERENCE ROOM - 5:00 P.M.
595 HARBOR ST., MORRO BAY, CA
LABOR NEGOTIATOR. Conference with City Manager, the City's Designated
Representative, for the purpose of reviewing the City's position regarding the
terms and compensation paid to the City Employees and giving instructions 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 one (1) parcels.
Property: Nutmeg Water Tank Parcel, APN 73-084-013.
Negotiating Parties: Clarice Righetti and City of Morro Bay.
Negotiations: Voluntary Purchase and Sale or Lease.
LEGAL COUNSEL DUE TO ANTICIPATED LITIGATION. Significant
exposure to litigation pursuant to subdivision (b) of Section 54956.9 as to one
matter:
Ann Travers and Barbara Nordin vs. CITY OF MORRO BAY
CS-4 GOVERNMENT CODE SECTION 54957, PERSONNEL ISSUES.
Discussions regarding Personnel Issues including one (1) public employee
regarding appointment, specifically the City Manager.
® IT IS NOTED THAT THE CONTENTS OF CLOSED SESSION MEETINGS
ARE CONFIDENTIAL AND EXEMPT FROM DISCLOSURE.
PUBLIC SESSION — JULY 14, 2008
® 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
JUNE 23, 2008; (ADMINISTRATION)
n
LJ
RECOMMENDATION: Approve as submitted.
A-2 RESOLUTION NO. 47-08 CALLING THE GENERAL MUNICIPAL
ELECTION TO BE HELD ON NOVEMBER 4, 2008 AND REQUESTING
CONSOLIDATION WITH THE COUNTY OF SAN LUIS OBISPO;
(ADMINISTRATION)
RECOMMENDATION: Adopt Resolution No. 47-08.
A-3 RESOLUTION NO. 46-08 APPOINTING ANDREA LUEKER AS CITY
MANAGER AND APPROVAL OF EMPLOYMENT AGREEMENT; (CITY
ATTORNEY)
RECOMMENDATION: Adopt Resolution No. 46-08.
A4 REVISIONS TO THE MASTER FEE SCHEDULE; (FINANCE)
RECOMMENDATION: Approve the changes to the Master Fee Schedule.
A-5 RESOLUTION NO. 43-08 DESIGNATING AND AUTHORIZING
INVESTMENT TRANSACTION OFFICERS; (FINANCE)
RECOMMENDATION: Adopt Resolution No. 43-08.
A-6 RESOLUTION NO. 44-08 AUTHORIZING THE SUBMITTAL OF A HOME
FUNDING APPLICATION; (PUBLIC SERVICES)
RECOMMENDATION: Adopt Resolution No. 44-08.
A-7 RESOLUTION NO. 45-08 APPROVING FINAL ABANDONMENT OF AN
UNDEVELOPED PORTION OF PALM AVENUE RIGHT-OF-WAY; (PUBLIC
SERVICES)
RECOMMENDATION: Adopt Resolution No. 45-08.
A-8 AMENDMENT OF THE CAPITAL PROJECTS MANAGER JOB
DESCRIPTION AND AUTHORIZATION TO FILL VACANCIES FOR THE
CAPITAL PROJECTS MANAGER AND FILL THE SENIOR CIVIL
ENGINEER VACANCY AT A LOWER LEVEL; (PUBLIC SERVICES)
RECOMMENDATION: Approve the amended job description of the Capital
Projects Manager and authorize staff to fill the Senior Civil Engineer
vacancy at a lower level of an Engineering Technician or Assistant Civil
Engineer position.
3
B. PUBLIC HEARINGS. REPORTS & APPEARANCES
® B-1 CONSIDERATION OF A CDBG PLANNING AND TECHNICAL
ASSISTANCE (ECONOMIC DEVELOPMENT) GRANT APPLICATION FOR
A REDEVELOPMENT FEASIBILITY STUDY AND ADOPTION OF A
RESOLUTION APPROVING THE APPLICATION AND
GRANT AGREEMENT; (PUBLIC SERVICES)
RECOMMENDATION: Continue public hearing to the August 11, 2008 City
Council meeting.
B-2 CONSIDERATION OF A CDBG PLANNING AND TECHNICAL
ASSISTANCE (GENERAL ALLOCATION) GRANT APPLICATION FOR A
REDEVELOPMENT FEASIBILITY STUDY AND ADOPTION OF A
RESOLUTION APPROVING THE APPLICATION AND GRANT
AGREEMENT; (PUBLIC SERVICES)
RECOMMENDATION: Continue public hearing to the August 11, 2008 City
Council meeting.
B-3 EXTENSION OF AN INTERIM URGENCY ORDINANCE ESTABLISHING A
TEMPORARY MORATORIUM ON THE ACCEPTANCE, PROCESSING
AND APPROVAL OF APPLICATIONS AND PERMITS TO CONSTRUCT,
MODIFY OR PLACE WIRELESS COMMUNICATIONS FACILITIES
® 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. 542, which
would extend the previously enacted 45-day Ordinance establishing a
temporary moratorium on Wireless Communications Facilities pending
completion of studies and the preparation of an update to the City's Zoning
Code.
C. UNFINISHED BUSINESS — NONE.
D. NEW BUSINESS
D-1 DISCUSSION ON ZERO -BASED BUDGETS FOR THE 2009-2011 BIENNIAL
BUDGET; (FINANCE)
RECOMMENDATION: Discuss and direct staff accordingly.
D-2 DISCUSSION REGARDING THE RECURRING TRANSFER OF EXCESS
CASH TO ACCUMULATION FUNDS AT FISCAL YEAR END; (FINANCE)
® RECOMMENDATION: Direct staff to return with a resolution to adopt the
practice of transferring excess cash to the accumulation funds at every fiscal
year end.
4
® D-3 CONSIDERATION OF FUNDING FOR THE ECONOMIC VITALITY
CORPORATION FOR A COUNTYWIDE TOURISM INDUSTRY STUDY
AND A COMMUNITY SPECIFIC STUDY; (ADMINISTRATION)
RECOMMENDATION: Consider the information from the presentation by
Michael Manchak of the Economic Vitality Corporation regarding additional
funding for tourism studies.
D4 SPACE NEEDS STUDY ON THE CORPORATION YARD; (PUBLIC
SERVICES)
RECOMMENDATION: Provide staff direction on which option or combination
of options to consider in future efforts; and forward recommendations
included in this study to the Joint Powers Authority for discussions
regarding the location of the Oxidation ditches.
D-5 DISCUSSION ON HARBOR LEASE MANAGEMENT POLICY; (HARBOR)
RECOMMENDATION: Discuss and direct staff accordingly.
D-6 CONSIDERATION OF THE USE OF GLOBAL ELECTRIC MOTOR CARS;
(CITY COUNCIL)
® RECOMMENDATION: Discuss and direct staff accordingly.
D-7 DISCUSSION ON SETTING A DATE FOR 'A WORKSHOP ON THE
MANAGEMENT PARTNERS REPORT ON ASSESSMENT OF CITY
ORGANIZATION AND FINANCIAL OPTIONS; (ADMINISTRATION)
RECOMMENDATION: Schedule a workshop for August 13, 2008 to begin
working on the recommendations from the Management Partners report.
D-8 RESCISSION OF COUNCIL ACTION OF JUNE 9, 2008 PERTAINING TO
GRANTING ANY PERMIT OR ENTITLEMENT FOR THE CONSTRUCTION
OF A WIRELESS TELECOMMUNICATIONS FACILITY AT 545 SHASTA
AVENUE AND SCHEDULING A PUBLIC HEARING FOR THE
RECONSIDERATION OF THE APPEAL OF THE PLANNING
COMMISSION'S APPROVAL OF A WIRELESS TELECOMMUNICATIONS
FACILITY AT 545 SHASTA AVENUE; (CITY ATTORNEY)
RECOMMENDATION: Rescind Council action of June 9, 2008 pertaining to
granting any permit or entitlement for the construction of a Wireless
Telecommunications Facility at 545 Shasta Avenue and scheduling a public
hearing for the reconsideration of the appeal of the Planning Commission's
approval of a Wireless Telecommunications Facility at 545 Shasta Avenue on
® a date prior to August 8, 2008.
5
D-9 AUTHORIZATION TO HIRE TWO PART-TIME POLICE OFFICER
RECRUITS PENDING RESIGNATIONS OF TWO EXISTING POLICE
® OFFICERS; (ADMINISTRATION)
RECOMMENDATION: Authorize the hiring of two part-time Police Officer
Recruits pending resignations of two existing Police Officers. .
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.
MATERIALS RELATED TO AN ITEM ON THIS AGENDA SUBMITTED TO
THE CITY COUNCIL AFTER DISTRIBUTION OF THE AGENDA PACKET
ARE AVAILABLE FOR PUBLIC INSPECTION AT CITY HALL LOCATED AT
595 HARBOR STREET; MORRO BAY LIBRARY LOCATED AT 625 HARBOR
STREET; AND MILL'S COPY CENTER LOCATED AT 495 MORRO BAY
BOULEVARD DURING NORMAL BUSINESS HOURS.
® 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.
1.1
MINUTES - MORRO BAY CITY COUNCIL
CLOSED SESSION — JULY 14, 2008
CITY HALL CONFERENCE ROOM - 5:00 P.M.
Mayor Peters called the meeting to order at 5:00 p.m
PRESENT: Janice Peters
Mayor
Melody DeMeritt
Councilmember
Rick Grantham
Councilmember
William Peirce
Councilmember
Betty Winholtz
Councilmember
STAFF: Andrea Lueker
Interim 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 Grantham 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 City Manager, the City's Designated
Representative, for the purpose of reviewing the City's position regarding the
terms and compensation paid to the City Employees and giving instructions to the
Designated Representative.
CS-2 GOVERNMENT CODE SECTION 54956.8; REAL PROPERTY
TRANSACTIONS. Instructing City's real property negotiator regarding the
price and terms of payment for the purchase, sale, exchange, or lease of real
property as to one (1) parcel.
Property: Nutmeg Water Tank Parcel, APN 73-084-013.
Negotiating Parties: Clarice Righetti and City of Morro Bay.
Negotiations: Voluntary Purchase and Sale or Lease.
CS-3 GOVERNMENT CODE SECTION 54956.9(B): CONFERENCE WITH
LEGAL COUNSEL DUE TO ANTICIPATED LTPIGATION. Significant
exposure to litigation pursuant to subdivision (b) of Section 54956.9 as to one
matter:
Ann Travers and Barbara Nordin vs. CITY OF MORRO BAY
11
® CS-4 GOVERNMENT CODE SECTION 54957; PERSONNEL ISSUES.
Discussions regarding Personnel Issues including one (1) public employee
regarding appointment, 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 Grantham 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.
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® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — JULY 14, 2008
VETERANS MEMORIAL HALL - 6:00 P.M.
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l- J
Mayor Peters called the meeting to order at 6:12 p.m.
PRESENT: Janice Peters Mayor
Melody DeMeritt
Rick Grantham
William Peirce
Betty Winholtz
Councilmember
Councilmember
Councilmember
Councilmember
STAFF: Andrea Lueker
Interim City Manager
Robert Schultz
City Attorney
Bridgett Bauer
City Clerk
Rick Algert
Harbor Director
Bruce Ambo
Public Services Director
John DeRohan
Police Chief
Rob Livick
City Engineer
Kimberly Peeples
Housing Programs Coordinator
Mike Pond
Fire Chief
Susan Slayton
Finance Director
Dylan Wade
Senior Civil Engineer
Joe Woods
Acting Recreation & Parks Director
ESTABLISH QUORUM AND CALL TO ORDER
MOMENT OF SILENCE
PLEDGE OF ALLEGIANCE
MAYOR'S REPORTS & ANNOUNCEMENTS
CLOSED SESSION REPORT - City Attorney Robert Schultz reported the City Council
met in Closed Session, and no reportable action under the Brown Act was taken.
The City Council and public received a video presentation on homelessness in San Luis
Obispo County.
PUBLIC COMMENT
Ani Lyn, Membership Director of the Chamber of Commerce, reviewed the monthly
Visitor Center and website statistics for the month of June 2008.
Keith Taylor addressed the Cal Fire workshop that was held on Saturday, July 12's noting
it was beneficial for the public, and encouraged those who could not attend to watch it on
Channel 20.
® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — JULY 14, 2008
Cathy Novak addressed Item A-7 (Resolution No. 45-08 Approving Final Abandonment
of an Undeveloped Portion of Palm Avenue Right -Of -Way) stating the proposed
resolution does not address liability and safety issues. She noted at the last meeting
Council expressed concern with safety issues in conjunction with the pedestrian path.
Ms. Novak requested Council clarify this issue and add any necessary language to the
resolution addressing these concerns.
Joan Solu stated the Morro Bay Community Pool Foundation is a grassroots organization
interested in building a competition -sized and therapy pool at Morro Bay High School.
She said an information meeting would be held on July 30a' at 6:00 p.m. at the high
school.
Lynda Merrill stated she is happy to have Andrea Lueker appointed as City Manager.
She also thanked Bill Boucher for his years of service to the City. Ms. Merrill also
remembered Margaret Mehring who was known for her civic service and who passed
away on July 3, 2008.
® Nancy Johnson addressed Dahlia Days that will be held on August 23, 2008 at St.
Timothy's Church. She said there would be a contest between the Planning Commission
and City Council on who can grow the best Dahlia.
C
Anita Ayoob commended the Police Department for catching those who egged her house.
Nancy Castle gave a Chess Live update stating there would be Chess Live on the second
and fourth Sundays of the month.
John Barta addressed Council comments at their July 23, 2008 meeting regarding
Measure "S". He shared the language put forward to the voters on Measure "S" at the
November 2006 election.
Mayor Peters closed the hearing for public comment.
Mayor Peters called for a break at 7:00 p.m.; the meeting resumed at 7:08 p.m.
DECLARATION OF FUTURE AGENDA ITEMS
Councilmember Grantham requested to agendize a discussion on placing monies obtained
from the Dynegy lease agreement into the Reserve Fund next fiscal year; Councilmember
Peirce and Mayor Peters concurred.
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® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — NLY 14, 2008
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 REGULAR CITY COUNCIL MEETING OF
NNE 23, 2008; (ADMINISTRATION
RECOMMENDATION: Approve as submitted.
A-2 RESOLUTION NO. 47-08 CALLING THE GENERAL MUNICIPAL
ELECTION TO BE HELD ON NOVEMBER 4, 2008 AND REQUESTING
CONSOLIDATION WITH THE COUNTY. OF SAN LUIS OBISPO;
(ADMINISTRATION)
RECOMMENDATION: Adopt Resolution No. 47-08.
A-3 RESOLUTION NO. 46-08 APPOINTING ANDREA LUEKER AS CITY
® MANAGER AND APPROVAL OF EMPLOYMENT AGREEMENT; (CITY
ATTORNEY)
RECOMMENDATION: Adopt Resolution No. 46-08.
A4 REVISIONS TO THE MASTER FEE SCHEDULE; (FINANCE)
RECOMMENDATION: Approve the changes to the Master Fee Schedule.
A-5 RESOLUTION NO. 43-08 DESIGNATING AND AUTHORIZING
INVESTMENT TRANSACTION OFFICERS; (FINANCE)
RECOMAIENNDATION: Adopt Resolution No. 43-08.
A-6 RESOLUTION NO. 44-08 AUTHORIZING THE SUBMITTAL OF A HOME
FUNDING APPLICATION; (PUBLIC SERVICES)
RECOMMENDATION: Adopt Resolution No. 44-08.
5
® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — JULY 14, 2008
A-7 RESOLUTION NO. 45-08 APPROVING FINAL ABANDONMENT OF AN
UNDEVELOPED PORTION OF PALM AVENUE RIGHT-OF-WAY; (PUBLIC
SERVICES)
RECOMMENDATION: Adopt Resolution No. 45-08.
A-8 AMENDMENT OF THE CAPITAL PROJECTS MANAGER JOB
DESCRIPTION AND AUTHORIZATION TO FILL VACANCIES FOR THE
CAPITAL PROJECTS MANAGER AND FILL THE SENIOR CIVIL
ENGINEER VACANCY AT A LOWER LEVEL; (PUBLIC SERVICES)
RECOMMENDATION: Approve the amended job description of the Capital
Projects Manager and authorize staff to fill the Senior Civil Engineer vacancy
at a lower level of an Engineering Technician or Assistant Civil Engineer
position.
Mayor Peters pulled Item A-1 of the Consent Calendar; Councilmember DeMeritt pulled
Items A-3, A4, A-7 and A-8.
® MOTION: Councilmember Winholtz moved the City Council approve Items A-2, A-5
and A-6 of the Consent Calendar. The motion was seconded by
Councilmember DeMeritt and carried unanimously. (5-0)
A-1 APPROVAL OF MINUTES FOR REGULAR CITY COUNCIL MEETING OF
JUNE 23, 2008; (ADMINISTRATION
Mayor Peters requested the following correction to her comments on page 17:
Mayor Peters stated the primary election process was confusing being that it was the first
one, and it over -politicizes discussions and decisions. She said she did not like the extra
cost to both the city and the candidates, and so many forums; however, .those concerns
could be addressed in the future. She stated that placing a repeal of this process on the
ballot should come from the citizens, just as the initial measure did.
MOTION: Mayor Peters moved the City Council approve Item A-1 of the Consent
Calendar as amended. The motion was seconded by Councilmember
Grantham and carried unanimously. (5-0)
0
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — JULY 14, 2008
A-3 RESOLUTION NO. 46-08 APPOINTING ANDREA LUEKER AS CITY
MANAGER AND APPROVAL OF EMPLOYMENT AGREEMENT; (CITY
ATTORNEY)
Councilmember DeMeritt requested the City Council continue the approval of the City
Manager Employment Agreement to the August 11, 2008 City Council meeting because
she would like more time to discuss some issues with the contract in Closed Session.
MOTION: Councilmember DeMeritt moved the City Council continue consideration
of this item to the August 11, 2008 City Council meeting. The motion was
seconded by Councilmember Winholtz and failed with Councilmember
Grantham, Councilmember Peirce and Mayor Peters voting no. (2-3)
Councilmember Winholtz requested the following amendments to the City Manager
Employment Agreement:
Section 3 (B) - Salary Increases as follows: "The City Council shall evaluate Manager
® performance semi-annually beginning November 2008 ... "; and
Exhibit -A (Benefits) 1. - Retirement: "MANAGER shall be covered by the State of
California Public Employee Retirement System (PERS). The CITY shall add the
applicable PERS 7% to MANAGER's salary ...".
MOTION: Councilmember Grantham moved the City Council approve Item A-3 of
the Consent Calendar as amended by Council. The motion was seconded
by Councilmember Peirce.
Councilmember DeMeritt stated although she has great respect for Andrea Lueker, she
would be voting in opposition to the motion.
Councilmember Winholtz stated she previously spoke with Ms. Lueker regarding her
opposing vote to this motion.
Councilmember Grantham, Councilmember Peirce and Mayor Peters expressed their
support in appointing Ms. Lueker as City Manager.
VOTE: The motion carried with Councilmember DeMeritt and
Councilmember Winholtz voting no. (3-2)
7
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — NLY 14, 2008
A4 REVISIONS TO THE MASTER FEE SCHEDULE; (FINANCE)
Councilmember DeMeritt stated she takes exception to the proposed utility deposit of
$150 per water meter. She said she would like to propose reducing this deposit; not have
it be retroactive to current customers, and suggested it be applied to new customers
applying for a new water hook-up.
Councilmember Peirce suggested it start with new hook-ups and when water is shut-off,
the customer pays a turn -on fee and a deposit that may be paid within 30 days.
Councilmember Grantham stated a deposit should be applied to customers who do not
pay their water bills.
Councilmember Winholtz stated she does not support a retroactive fee and suggested the
deposit be lowered to $90-$100 for new water hook-ups.
MOTION: Councilmember Grantham moved the City Council approve the revisions
® to the Master Fee Schedule with an amendment that the utility deposit is
charged as $100, will not be retroactive, and will be refunded when a
customer moves. The motion was seconded by Councilmember Peirce and
carried unanimously. (5-0)
A-7 RESOLUTION NO. 45-08 APPROVING FINAL ABANDONMENT OF AN
UNDEVELOPED PORTION OF PALM AVENUE RIGHT-OF-WAY; (PUBLIC
SERVICES)
Councilmember DeMeritt stated a resolution could be changed with future Council, and
asked if there would be a deed guaranteeing the pedestrian walkway.
City Engineer Rob Livick responded this Resolution would run with the property and at
another point in time someone could petition the City Council to change this Resolution.
The City Council discussed the liability of the abandoned property.
MOTION: Mayor Peters moved the City Council adopt Resolution No. 45-08
approving the final abandonment of an undeveloped portion of Palm
Avenue right-of-way with a deed restricted easement that the property
owners will construct and maintain the sidewalk on the easement portion
of the property, and the City will maintain liability on the sidewalk. The
motion was seconded by Councilmember Grantham and carried
® unanimously. (5-0)
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® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — JULY 14, 2008
A-8 AMENDMENT OF THE CAPITAL PROJECTS MANAGER JOB
DESCRIPTION AND AUTHORIZATION TO FILL VACANCIES FOR THE
CAPITAL PROJECTS MANAGER AND FILL THE SENIOR CIVIL
ENGINEER VACANCY AT A LOWER LEVEL; (PUBLIC SERVICES)
Councilmember DeMeritt asked for clarification on the title.
Councilmember Winholtz requested this position be strictly a Utilities Manager which is
funded through an Enterprise Fund, and capital projects be handled by each department
which is funded through the General Fund.
MOTION: Councilmember DeMeritt moved the City Council approve Item A-8 of
the Consent Calendar. The motion was seconded by Councilmember
Grantham and carried with Councilmember Winholtz voting no. (4-1)
B. PUBLIC HEARINGS. REPORTS & APPEARANCES
® B-1 CONSIDERATION OF A CDBG PLANNING AND TECHNICAL ASSISTANCE
(ECONOMIC DEVELOPMENT) GRANT APPLICATION FOR A
REDEVELOPMENT FEASIBILITY STUDY AND ADOPTION OF A
RESOLUTION APPROVING THE APPLICATION AND GRANT AGREEMENT;
(PUBLIC SERVICES)
Mayor Peters opened the hearing for public comment; there were no comments, and Mayor
Peters closed the public comment hearing.
MOTION: Mayor Peters moved the City Council continue this Public Hearing to a
Special Meeting on August 4, 2008. The motion was seconded by
Councilmember Peirce and carried unanimously. (5-0)
B-2 CONSIDERATION OF .A CDBG PLANNING AND TECHNICAL
ASSISTANCE (GENERAL ALLOCATION) GRANT APPLICATION FOR A
REDEVELOPMENT FEASIBILITY STUDY AND ADOPTION OF A
RESOLUTION APPROVING THE APPLICATION AND GRANT
AGREEMENT; (PUBLIC SERVICES)
Mayor Peters opened the hearing for public comment; there were no comments, and Mayor
Peters closed the public comment hearing.
Z
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — JULY 14, 2008
MOTION: Mayor Peters moved the City Council continue this Public Hearing to a
Special Meeting on August 4, 2008. The motion was seconded by
Councilmember Peirce and carried unanimously. (5-0)
B-3 EXTENSION OF AN INTERIM URGENCY ORDINANCE ESTABLISHING A
TEMPORARY MORATORIUM ON THE ACCEPTANCE, PROCESSING
AND APPROVAL OF APPLICATIONS AND PERMITS TO CONSTRUCT,
MODIFY OR PLACE WIRELESS COMMUNICATIONS FACILITIES
PENDING COMPLETION OF STUDIES AND THE PREPARATION OF AN
UPDATE TO THE CITY'S ZONING ORDINANCE CODE; (CITY
ATTORNEY)
City Attorney Robert Schultz stated Government Code Section 65858 authorizes a city to
adopt, as an urgency measure, an interim ordinance prohibiting a use that may be in
conflict with a general plan, specific plan, or zoning proposal that a city is considering,
without following the procedures otherwise required for the adoption of a zoning
ordinance. The City Council initially granted an Interim Urgency Ordinance for 45 days
® and staff is now recommending the City Council hold a public hearing and extend the
period in order for staff to develop regulations for Wireless Communications Facilities.
Mr. Schultz recommended the City Council adopt Interim Urgency Ordinance No. 542,
which would extend the previously enacted 45-day Ordinance establishing a temporary
moratorium on Wireless Communications Facilities pending completion of studies and
the preparation of an update to the City's Zoning Ordinance.
Mayor Peters opened the hearing for public comment; there were no comments, and Mayor
Peters closed the public comment hearing.
MOTION: Councilmember Grantham moved the City Council adopt Interim Urgency
Ordinance No. 542, which would extend the previously enacted 45-day
Ordinance establishing a temporary moratorium on Wireless
Communications Facilities pending completion of studies. and the
preparation of an update to the City's Zoning Code. The motion was
seconded by Councilmember Peirce and carried unanimously. (5-0)
Interim City Manager Andrea Lueker read Ordinance No. 542 by number and title only.
C. UNFINISHED BUSINESS — NONE.
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10
® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — JULY 14, 2008
D. NEW BUSINESS
D-1 DISCUSSION ON ZERO -BASED BUDGETS FOR THE 2009-2011 BIENNIAL
BUDGET; (FINANCE)
Finance Director Susan Slayton stated the 2008 Management Partners' Assessment of
City Organization and Financial Options study clearly points out that the City needs to
take action in order to remain solvent, and zero -based budgeting is a step in that
direction. While department directors justify certain line items when preparing their
budgets, this is not done for every budgeted line and zero -based budgeting accomplishes
this task. Zero -based budgeting for a department starts the process with all line items at
zero. The preparer must gather actual salary and benefit information, contract amounts,
historical costs of services and utilities, and anticipated supplies spending to come to an
estimated need for the upcoming fiscal year; the change will be in justifying those
amounts. Ms. Slayton recommended the City Council consider this form of budgeting
and direct staff accordingly.
MOTION: Councilmember Peirce moved the City Council direct staff to move all
® City Departments to a zero -based budget for fiscal years 2009-2011
biennial budget. The motion was seconded by Councilmember DeMeritt
and carried unanimously. (5-0)
El
D-2 DISCUSSION REGARDING THE RECURRING TRANSFER OF EXCESS
CASH TO ACCUMULATION FUNDS AT FISCAL YEAR END; (FINANCE)
Finance Director Susan Slayton stated excess cash at the end of the fiscal year should be
transferred to the accumulation funds so that it is readily identifiable as extra money.
Currently, excess cash from the enterprise funds transfers to their respective
accumulation funds. Ms. Slayton recommended the City Council direct staff to return
with a resolution to adopt the practice of transferring excess cash to the accumulation
funds at every fiscal year end.
MOTION: Councilmember Peirce moved the City Council direct staff to return with a
resolution to adopt the practice of transferring excess cash to the
Accumulation Funds from the General Fund and Enterprise Funds at every
fiscal year end. The motion was seconded by Councilmember Grantham
and carried unanimously. (5-0)
II
® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — JULY 14, 2008
D-3 CONSIDERATION OF FUNDING FOR THE ECONOMIC VITALITY
CORPORATION FOR A COUNTYWIDE TOURISM INDUSTRY STUDY
AND A COMMUNITY SPECIFIC STUDY; (ADMINISTRATION)
Interim City Manager Andrea Lueker introduced Michael Manchak, President and CEO
of the Economic Vitality Corporation who made a presentation regarding funding for a
County -wide Study and Community Specific Study regarding tourism. The General
Fund fiscal impact for the tourism studies is $2,100 for the County -wide Study and
$12,000 for the Community Specific Study.
Councilmember Winholtz stated she does not feel the City should invest in the $12,000
Community Specific Study, and is willing to consider funding the $2,100 Countywide
Study.
Councilmember Grantham stated he supports funding the Countywide Study. He said he
would like to take $2,100 from the Visitors and Conference Bureau funding and pay it
towards the Economic Vitality Corporation.
® Councilmember Peirce stated he supports funding $2,100 towards the Countywide Study.
Councilmember DeMeritt stated the City has the support of the Community Promotions
Committee and the Visitors and Conference Bureau and does not support funding for
either study.
Mayor Peters stated she supports the Community Promotions Committee's previously
action in rejecting.the funding for either of these studies.
MOTION: Councilmember Winholtz moved that Councilmember Grantham,
Councilmember Peirce and herself donate $350 each from their
contingency funds and challenge the Community Promotions Committee
and/or Chamber of Commerce to fund the remaining $1,050 for the
County -wide Study. The motion was seconded by Councilmember
Grantham and carried with Councilmember DeMeritt and Mayor Peters
voting no. (3-2)
12
® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — JULY 14, 2008
D-4 SPACE NEEDS STUDY ON THE CORPORATION YARD; (PUBLIC
SERVICES)
Senior Civil Engineer Dylan Wade stated the City commissioned RRM Design Group to
assess the space needs of the existing Corporation Yard users both now and into the
future. This was the first planning effort for the Corporation Yard that the City has every
undertaken. In preparing this document RRM has interviewed the majority of the users
of the Corporation Yard and has determined what functions can share common facilities
and what functions require separate spaces. This information was used to allocate square
footage demands of the different operational responsibilities, which was then configured
to determine what building footprints would be required. Once the size and number of
buildings had been determined, RRM prepared four alternate configurations for the
anticipated facilities in separate site plans. Mr. Wade recommended the City Council
provide staff direction on which option, or combination of options to consider in future
efforts; and, forward recommendations included in this study to the Joint Powers
Authority for discussions regarding the location of the Oxidation ditches.
Councilmember Winholtz stated she does not want to lose any tax revenue by
Iscompromising the trailer park or cement company property. She said the City should
negotiate with the Cayucos Sanitary District regarding the joint facilities.
Councilmember Winholtz stated the proposed conference room and break room should
be one room, and the restrooms could be reduced in size. She said Council should
consider continuing discussion on this item at the August 13a' Special Meeting.
Pi
Councilmember Peirce stated he could support Option 3 with a modification that the
concrete plant could continue operating more efficiently, and the revenues from the
trailer park are not affected.
Councilmember Grantham stated he supports Option 3.
Councilmember DeMeritt stated she supports Option 3 with further discussion with the
concrete plant about their perception of the plan. She said there should.be a consolidation
of departmental equipment.
Mayor Peters stated she supports Option 3 and working with the concrete plant to make it
work for all.
13
® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — JULY 14, 2008
MOTION: Councilmember Peirce moved the City Council direct staff to work with
the owners of the concrete plant and create an option that maintains their
business and preserves the current footprint of the recreational vehicle
park. The motion was seconded by Councilmember Grantham and carried
unanimously. (5-0)
D-5 DISCUSSION ON HARBOR LEASE MANAGEMENT POLICY; (HARBOR)
Harbor Director Rick Algert stated the City Council last reviewed the Harbor Lease
Management Policy on October 16, 2006 and made no amendments to the Policy at that
time. He recommended the City Council review the Policy and direct staff accordingly.
Councilmember Winholtz recommended amendments to Page 2 (General Policy) adding
language regarding the protection of the resource; and Page 4-13 (Specific Policies for
Contract Administration) regarding size of the lease site and the level of private
investment. She also requested discussion on going from ground leases to building
leases.
is Councilmember Grantham recommended language for Page 4-B regarding public benefit.
Councilmember DeMeritt recommended language on Page 5 (Lease Renewal).
Consensus of the City Council was that this return as a Consent Calendar item with
amendments made by Council.
No further action was taken on this item.
D-6 CONSIDERATION OF THE USE OF GLOBAL ELECTRIC MOTOR CARS;
(CITY COUNCIL)
Councilmember DeMeritt reviewed a report written by students in November 2007 on
how to save money by using electric trucks in the City, and requested Council comments.
Councilmember Grantham expressed concern with safety issues and reliability of the
batteries used to power these vehicles; however, he said perhaps the City could purchase
one and see how it works.
Councilmember Winholtz expressed support for purchasing two GEM trucks for the
Parks and Recreation Department.
14
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — JULY 14, 2008
Councilmember Peirce expressed concern with the speed of a GEM truck and the liability
of dangerous intersections.
Mayor Peters stated it is a good idea and should be researched.
MOTION: Councilmember DeMeritt moved the City Council direct staff to contact
Iversen Dodge regarding information on two GEM trucks for the Park &
Recreation Department including information on safety issues and
warranties, and return to Council prior to purchasing two gasoline trucks.
The motion was seconded by Councilmember Winholtz.
Councilmember Peirce stated he would like information on the City's use of a GEM truck
prior to purchasing one.
Councilmember DeMeritt amended her motion to direct staff to list possible uses and
limits on the use of a GEM truck; Councilmember Winholtz accepted the amendment to
her second.
VOTE: The motion carried unanimously. (5-0)
® D-7 DISCUSSION ON SETTING A DATE FOR A WORKSHOP ON THE
MANAGEMENT PARTNERS REPORT ON ASSESSMENT OF CITY
ORGANIZATION AND FINANCIAL OPTIONS; (ADMINISTRATION)
MOTION: Mayor Peters moved the City Council schedule a workshop for August 13,
2008 to discuss the recommendations made in the Management Partners
report. The motion was seconded by Councilmember Grantham and
carried unanimously. (5-0)
D-8 RESCISSION OF COUNCIL ACTION OF JUNE 9, 2008 PERTAINING TO
GRANTING ANY PERMIT OR ENTITLEMENT FOR THE CONSTRUCTION
OF A WIRELESS TELECOMMUNICATIONS FACILITY AT 545 SHASTA
AVENUE AND SCHEDULING A PUBLIC HEARING FOR THE
RECONSIDERATION OF THE APPEAL OF THE PLANNING
COMMISSION'S APPROVAL OF A WIRELESS TELECOMMUNICATIONS
FACILITY AT 545 SHASTA AVENUE; (CITY ATTORNEY)
City Attorney Robert Schultz stated on July 8, 2008 the City received a letter from an
attorney for Ann Travers and Barbara Nordin alleging that the City violated the Brown
Act at the June 9, 2008 City Council meeting. The letter alleges the City failed to give
proper notice for the approval of the construction of a wireless telecommunications
® facility at 545 Shasta Avenue. Although I disagree that any violation of the Brown Act
15
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — JULY 14, 2008
has occurred, the Brown Act allows the City an opportunity to cure or correct a
challenged action within 30 days. It appears that it is in the City's best interest to rescind
its previous action and re -notice this item instead of fighting a costly legal battle. Mr.
Schultz recommended the City Council rescind Council action of the June 9`s action
pertaining to granting any permit or entitlement for the construction of a wireless
telecommunications facility at 545 Shasta Avenue, and schedule a public hearing for the
reconsideration of the appeal of the Planning Commission's approval of a wireless
telecommunications facility at 545 Shasta Avenue on a date prior to August 8, 2008.
MOTION: Councilmember Winholtz moved the City Council rescind Council action
of June 9, 2008 pertaining to granting any permit or entitlement for the
construction of a Wireless Telecommunications Facility at 545 Shasta
Avenue and schedule a public hearing for the reconsideration of the appeal
of the Planning Commission's approval of a Wireless
Telecommunications Facility at 545 Shasta Avenue on August 4, 2008.
The motion was seconded by Councilmember Peirce and carried
® unanimously. (5-0)
D-9 AUTHORIZATION TO HIRE TWO PART-TIME POLICE OFFICER
RECRUITS PENDING RESIGNATIONS OF TWO EXISTING POLICE
OFFICERS; (ADMINISTRATION)
Interim City Manager Andrea Lueker stated there is an impending loss of two existing
police officers that are currently in the background phase of testing with other law
enforcement agencies. Ms. Lueker recommended the City Council authorize the Police
Chief to hire two police recruits on a part-time, non -benefited basis, who can start the
local police academy on July 28, 2008 without the actual resignations, from the two
existing officers.
MOTION: Councilmember Peirce moved the City Council authorize the hiring of two
part-time Police Officer Recruits pending resignations of two existing
Police Officers. The motion was seconded by Councilmember Grantham
and carried unanimously. (5-0)
ADJOURNMENT - The meeting adjourned at 10:34 p.m.
Recorded by:
ri gett auer
® City Cler
16
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O City of Morro Bay
Morro Bay, CA 93442
(805) 772-6200
NOTICE OF SPECIAL WORKSHOP
NOTICE IS HEREBY GIVEN that the Morro Bay City Council will be
participating in a Special Workshop on Saturday, July 12, 2008 from 9:00 a.m.
to 12:00 p.m. to be held at the Morro Bay Community Center located at 1001
Kennedy Way, Morro Bay, California. This public workshop is in regards to
contracting with Cal Fire for fire services.
DATED: July 9, 2008
1
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
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 Bav Boulevard
PUBLIC SERVICES
955 Shasta Avenue
RECREATION & PARKS
1001 Kennedv Wav
C1
Fq
City of Morro Bay.
Morro Bay, CA 93442
P1 (805) 772-6200
NOTICE OF SPECIAL WORKSHOP
NOTICE IS HEREBY GIVEN that the Morro Bay City Council will
be holding a Special Workshop on Monday, June 30, 2008 from 8:00 a.m.
to 4:00 p.m. to be held in the Community Center Senior Lounge located at
1001 Kennedy Way, Morro Bay, California. The City Council will be
discussing City Goals and Priorities.
DATED: June 25, 2008
Bridgett 14luer, 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
595 Harbor Street 595 Harbor Street
HARBOR DEPT.
1275 Embarmderb Road
CITY ATTORNEY
955 Shasta Avenue
FIRE DEPT. PUBLIC SERVICES
715 Harbor Street 955 Shasta Avenue
POLICE DEPT. RECREATION&PARKS
870 Morro Bav Boulevard 1001 Kennedv Wav
0
C�
MANAGEMENT PARTNERS
I N C O R P O R A T E D
Morro Bay City Council Goal Setting Workshop
June 30, 2008
Morro Bay Community Center
Senior Center Lounge
8:30 a.m. - 4:00 p.m.
Workshop Goals
• To articulate the Council's vision for Morro Bay
• To determine the Council's priorities for the next five years
8:00 Continental Breakfast
8:30 Welcome and Introductions
Review Agenda
Warm Up
9:00 Articulate the Council's Vision for Morro Bay
What do you want the City's future to be?
10:30 Discuss Issues and Goals
1. Review matrix focusing on high priority items
2. Discuss each item needing clarification
3. Add other issues/goals
4. Consolidate areas as appropriate and separate projects from list
Noon Working Lunch
1:00 Prioritize Goals
2:00 Define Success for Council Priorities
Define "what success looks like" for each of the priority goals to provide
Gear policy direction and expectations to staff
3:45 Debrief / Identify Next Steps
Debrief the workshop results and agree on expectations going forward
Adjourn by 4:00 P.M.
2107 North First Street Suite 470 www.managementpartners.com
San Jose. CA 95131
408 437 5400
Fax 453 6191
® 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 23, 2008
CLOSED SESSION — JUNE 23, 2008
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's Designated
Representative, for the purpose of reviewing the City's position regarding the
terms and compensation paid to its employees and giving instructions to the
Designated Representative.
IT IS NOTED THAT THE CONTENTS OF CLOSED SESSION MEETINGS
ARE CONFIDENTIAL AND EXEMPT FROM DISCLOSURE.
® PUBLIC SESSION — JUNE 23, 2008
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 OF THE MAY 27, 2008 AND JUNE 9, 2008
® REGULAR CITY COUNCIL MEETINGS; (ADMINISTRATION)
RECOMMENDATION: Approve as submitted.
A-2 RESOLUTION NO. 33-08 ESTABLISHING THE ANNUAL PROPOSITION 4
APPROPRIATION LIMIT FOR FISCAL YEAR 2008/2009; (FINANCE)
RECOMMENDATION: Adopt Resolution No. 33-08.
A-3 APPROVAL OF CREATION OF A WASTEWATER TREATMENT PLANT
GRADE IT OPERATOR/LAB ANALYST POSITION; (PUBLIC SERVICES)
RECOMMENDATION: Approve the new job description for the Grade IT
Operator/Lab Analyst position.
A-4 APPROVAL OF MONTH -TO -MONTH EXTENSION OF VIDEO
PRODUCTION SERVICES AND LOCAL GOVERNMENT CHANNEL
INSERTION POINT MANAGEMENT AGREEMENT WITH AGP VIDEO;
(ADMINISTRATION)
RECOMMENDATION: Approve an extension of the Video Production Services
® and Local Government Channel Insertion Point Management Agreement
with AGP Video on a mouth-to-mouth basis until previously requested
information from AGP Video has been submitted.
A-5 APPROVAL OF LETTER TO GOVERNOR/STATE REPRESENTATIVES
REGARDING PROPOSED DECREASES IN STATE TRANSIT ASSISTANCE
FOR FISCAL YEAR 2008/2009; (ADMINISTRATION)
RECOMMENDATION: Approve sending letters to Governor Schwarzenegger,
Senator Maldonado, and Assemblyman Blakeslee regarding the impact to
Morro Bay Dial -A -Ride and its riders if the proposed State budget is adopted
with decreases to State Transit Assistance.
A-6 RESOLUTION NO. 32-08 GRANTING A CERTIFICATE OF PUBLIC
CONVENIENCE AND NECESSITY TO SURF CAB; (POLICE)
RECOMMENDATION: Adopt Resolution No. 32-08.
A-7 AGREEMENT FOR PARTICIPATION IN COUNTY REGIONAL SWAT
TEAM; (POLICE)
RECOMMENDATION: Authorize the Chief of Police to sign an agreement for
the City to participate in the San Luis Obispo Regional Special Weapons.and
® Tactics Team.
3
® A-8 AUTHORIZATION TO FILE NOTICE OF COMPLETION FOR FIRE
STATION 54. APPARATUS BAY REPLACEMENT PROJECT; (PUBLIC
SERVICES).
RECOMMENDATION: Accept the project as completed by Diana Building
Corporation and authorize the filing of a Notice of Completion.
A-9 AUTHORIZATION TO ENTER INTO A CONTRACT WITH GENERAL
ELECTRIC WATER FOR BRACKISH WATER TREATMENT EQUIPMENT;
(PUBLIC SERVICES)
RECOMMENDATION: Authorize entering into a contract with GE Water as a
sole source vendor in the amount of $654,370 for the fabrication and delivery
of brackish water treatment equipment.
A-10 APPROVAL OF NEW LEASE AGREEMENT FOR LEASE SITE 134-136
LOCATED AT 1245 EMBARCADERO WITH TOGNAZZINI FAMILY
INCORPORATED; (HARBOR)
RECOMMENDATION: Adopt Resolution No. 34-08.
A-11 APPROVAL OF NEW LEASE AGREEMENT FOR LEASE SITE 133W ®
LOCATED AT 1235 EMBARCADERO WITH TOGNAZZINI FAMILY
INCORPORATED; (HARBOR)
RECOMMENDATION: Adopt Resolution No. 35-08.
A-12 APPROVAL OF NEW LEASE AGREEMENT FOR LEASE SITE 137
LOCATED AT 1247 EMBARCADERO WITH THE HORTON WILLIAMS JR.
AND SAVAHAH L. WILLIAMS REVOCABLE TRUST AND DON
WILLIAMS AND WENDY WILLIAMS; (HARBOR)
RECOMMENDATION: Adopt Resolution No. 36-08.
A-13 APPROVAL OF FIRST AMENDMENT TO THE LEASE AGREEMENT FOR
LEASE SITE 91-92/9]W-92W LOCATED AT 897 EMBARCADERO
BETWEEN THE CITY OF MORRO BAY AND ANDERSON INN
PROPERTIES; (HARBOR)
RECOMMENDATION: . Adopt Resolution No. 37-08.
11
® A-14 APPROVAL OF NEW LEASE AGREEMENT FOR REDEVELOPMENT OF
LEASE SITE 53-56/53W-56W LOCATED AT 501 EMBARCADERO WITH
ESTERO LANDING INCORPORATED; (HARBOR)
RECOMMENDATION: Adopt Resolution No. 38-08.
B. PUBLIC HEARINGS. REPORTS & APPEARANCES
B-1 RESOLUTION NO. 40-08 DIRECTING THE LEVY TO THE ANNUAL
ASSESSMENT FOR THE CLOISTERS LANDSCAPING AND LIGHTING
MAINTENANCE ASSESSMENT DISTRICT; (RECREATION & PARKS)
RECOMMENDATION: Adopt Resolution No. 40-08.
B-2 RESOLUTION NO. 41-08 DIRECTING THE LEVY TO THE ANNUAL
ASSESSMENT FOR THE NORTH POINT NATURAL AREA LANDSCAPING
AND LIGHTING MAINTENANCE ASSESSMENT DISTRICT;
(RECREATION & PARKS)
RECOMMENDATION: Adopt Resolution No. 41-08.
B-3 DISCUSSION ON PLACING AN INITIATIVE ON THE NOVEMBER 2008
GENERAL ELECTION BALLOT IN REGARD TO AMENDING MEASURE D;
® (CITY ATTORNEY)
RECOMMENDATION: Review suggested revisions to Measure D and provide
direction to staff.
B4 ASSIGNMENT OF LEASE SITE 34W.LOCATED ADJACENT TO 225 MAIN
STREET FROM NORMAN ARNOLD TO ROBERT CRIZER; (HARBOR)
RECOMMENDATION: Adopt Resolution No. 42-08.
B-5 DISCUSSION ON COSTS ASSOCIATED WITH ADVERTISING OF THE
CAL FIRE WORKSHOP; (FIRE)
RECOMMENDATION: This item has been pulled from the agenda.
B-6 RESOLUTION NO. 39-08 AMENDING THE PARKING IN -LIEU FEE IN THE
DOWNTOWN AREA; (CITY ATTORNEY)
RECOMMENDATION: Adopt Resolution No. 39-08.
C. UNFINISHED BUSINESS — NONE.
5
® D. NEW BUSINESS
D-1 CONSIDERATION OF HARBOR ADVISORY BOARD
RECOMMENDATION TO CORRESPOND WITH FEDERAL ENERGY
REGULATORY COMMISSION ON THE GREEN WAVE ENERGY
PROPOSAL; (HARBOR)
RECOMMENDATION: Accept the Harbor Advisory Board recommendation
and authorize the Mayor to sign a letter to the FERC requesting intervener
status on the Green Wave Energy license application off of San Luis Obispo
Coast.
D-2 CONSIDERATION OF PLACING A MEASURE ON THE BALLOT TO
REPEAL MEASURE "S" IN REGARD TO PRIMARY ELECTIONS; (CITY
ATTORNEY)
RECOMMENDATION: Review report and provide direction to staff.
E. ADJOURNMENT
10 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.
MATERIALS RELATED TO AN ITEM ON THIS AGENDA SUBMITTED TO
THE CITY COUNCIL AFTER DISTRIBUTION OF THE AGENDA PACKET
ARE AVAILABLE FOR PUBLIC INSPECTION AT CITY HALL LOCATED AT
595 HARBOR STREET; MORRO BAY LIBRARY LOCATED AT 625 HARBOR
STREET; AND MILL'S COPY CENTER LOCATED AT 495 MORRO BAY
BOULEVARD DURING NORMAL BUSINESS HOURS.
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.
0
® MINUTES - MORRO BAY CITY COUNCIL
CLOSED SESSION — JUNE 23, 2008
CITY HALL CONFERENCE ROOM - 5:00 P.M.
Mayor Peters called the meeting to order at 5:00 p.m
PRESENT: Janice Peters
Mayor
Melody DeMeritt
Councilmember
Rick Grantham
Councilmember
William Peirce
Councilmember
Betty Winholtz
Councilmember
STAFF: Andrea Lueker
Interim 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 Grantham 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's Designated
Representative, for the purpose of reviewing the City's position regarding the
terns and compensation paid to its employees and giving instructions to the
Designated Representative.
The meeting adjourned to Closed Session at 5:00 p.m. and returned to regular session at
5:50 P.M.
MOTION: Councilmember DeMeritt moved the meeting be adjourned. The motion
was seconded by Councilmember Winholtz and unanimously carried. (5-0)
The meeting adjourned at 5:50 p.m.
lJ
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — JUNE 23, 2008
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: Andrea Lueker
Robert Schultz
Bridgett Bauer
Rick Algert
Bruce Ambo
Bill Boucher
Janeen Burlingame
John DeRohan
Bruce Keogh
Mike Pond
Susan Slayton
ESTABLISH QUORUM AND CALL TO ORDER
MOMENT OF SILENCE
Interim City Manager
City Attorney
City Clerk
Harbor Director
Public Services Director
Capital Projects Manager
Management Analyst
Police Chief
Wastewater Treatment Plant Manager
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 no reportable action under the Brown Act was taken.
PUBLIC COMMENT
Keith Taylor announced Morro Bay Friends of the Fire Department would be raising
money to assist firefighters in achieving paramedic certification by selling bricks that will
be placed around the new fire station.
Richard Sadowski stated the Public Works Advisory Board recommended the City
Council receive a presentation on the nitrate study and wastewater collection systems
report prepared by he and Ms. Bruton. He also noted the remediation efforts in regards to
the closure of the MtBE monitoring wells were successfully appealed to the Coastal
Commission.
2
® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — JUNE 23, 2008
Marla Jo Bruton requested Council place on its agenda a presentation on the nitrate study
and wastewater collection systems report. She expressed concern with staffs proposal to
the Planning Commission on the closure of 68 MtBE monitoring wells, and the Coastal
Commission has accepted an appeal on these closures.
Jim Nance addressed Item A-9 (Authorization to Enter into a Contract with General
Electric Water for Brackish Water Treatment Equipment) stating the City should seek
more competitive bids for this equipment. He also addressed Item D-2 (Consideration of
Placing a Measure on the Ballot to Repeal Measure "S" in Regard to Primary Elections)
asking how much the primary election cost and expressed support for a repeal of Measure
'IS„
Joan Solu stated the Del Mar PTA thanks the City for the Ride of a Lifetime, which was a
wonderful event for the children.
Susan Brown, General Manager of Dial -A -Ride, addressed Item A-5 (Approval of Letter
to Governor/State Representatives Regarding Proposed Decreases in State Transit
Assistance for Fiscal Year 2008/2009) and shared comments from Dial -A -Ride riders
® opposed to transit budget cuts.
Dorothy Cutter addressed Item D-2 stating it would be appropriate to place a measure on
the November ballot repealing Measure "S" in order to save City funds.
Beverly Abbey expressed support for the repeal of Measure "S" and listed the negative
impacts it has created.
Lynda Merrill addressed Items A-10 thru A-13 requesting Council consider increasing
the lease site revenues on the Embarcadero in order to keep up with increasing costs. She
also expressed opposition to the primary election due to the burdensome election period.
Ms. Merrill addressed Item A-5 requesting Council send a letter to legislators in order to
maintain low fares for Dial -A -Ride riders. She also requested a recycle bin be placed at
the Rock parking lot.
Chanel Charming requested the public watch the presentation on the Homelessness Study.
She also expressed support for maintaining lower fares for Dial -A -Ride riders.
Mayor Peters closed the hearing for public comment
11
® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — JUNE 23, 2008
DECLARATION OF FUTURE AGENDA ITEMS
Councilmember Peirce requested to agendize a discussion regarding the recuiring.transfer
of excess cash to accumulation funds at fiscal year end; Councilmember Grantham and
Mayor Peters concurred.
Councilmember Peirce requested to agendize a discussion on zero -based budget for the
2009/2011 biennial budget; Councilmember Grantham and Mayor Peters concurred.
Councilmember DeMeritt requested to agendize a presentation by Richard Sadowski and
Marla Jo Bruton on the nitrate study and wastewater collection systems report; (pending)
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 OF THE MAY 27, 2008 AND DUNE 9, 2008
® REGULAR CITY COUNCIL MEETINGS; (ADMINISTRATION)
RECOMMENDATION: Approve as submitted.
A-2 RESOLUTION NO. 33-08 ESTABLISHING THE ANNUAL PROPOSITION 4
APPROPRIATION LIMIT FOR FISCAL YEAR 2008/2009; (FINANCE)
RECOMMENDATION: Adopt Resolution No. 33-08.
A-3 APPROVAL OF CREATION OF A WASTEWATER TREATMENT PLANT
GRADE II OPERATOR/LAB ANALYST POSITION; (PUBLIC SERVICES)
RECOMMENDATION: Approve the new job description for the Grade II
Operator/Lab Analyst position.
A-4 APPROVAL OF MONTH -TO -MONTH EXTENSION OF VIDEO
PRODUCTION SERVICES AND LOCAL GOVERNMENT CHANNEL
INSERTION POINT MANAGEMENT AGREEMENT WITH AGP VIDEO;
(ADMINISTRATION)
RECOMMENDATION: Approve an extension of the Video Production Services
and Local Government Channel Insertion Point Management Agreement
with AGP Video on a month -to -month basis until previously requested
® information from AGP Video has been submitted.
4
® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — NNE 23, 2008
A-5 APPROVAL OF LETTER TO GOVERNOR/STATE REPRESENTATIVES
REGARDING PROPOSED DECREASES IN STATE TRANSIT ASSISTANCE
FOR FISCAL YEAR 2008/2009; (ADMINISTRATION)
RECOMMENDATION: Approve sending letters to Governor Schwarzenegger,
Senator Maldonado, and Assemblyman Blakeslee regarding, the impact to
Morro Bay Dial -A -Ride and its riders if the proposed State budget is adopted
with decreases to State Transit Assistance.
A-6 RESOLUTION NO. 32-08 GRANTING A CERTIFICATE OF PUBLIC
CONVENIENCE AND NECESSITY TO SURF CAB; (POLICE)
RECOMMENDATION: Adopt Resolution No. 32-08.
A-7 AGREEMENT FOR PARTICIPATION IN COUNTY REGIONAL SWAT
TEAM; (POLICE)
RECOMMENDATION: Authorize the Chief of Police to sign an agreement for
® the City to participate in the San Luis Obispo Regional Special Weapons and
Tactics Team.
A-8 AUTHORIZATION TO FILE NOTICE OF COMPLETION FOR FIRE
STATION 54 APPARATUS BAY REPLACEMENT PROJECT; (PUBLIC
SERVICES)
RECOMMENDATION: Accept the project as completed by Diana Building
Corporation and authorize the filing of a Notice of Completion.
A-9 AUTHORIZATION TO ENTER INTO A CONTRACT WITH GENERAL
ELECTRIC WATER FOR BRACKISH WATER TREATMENT EQUIPMENT;
(PUBLIC SERVICES)
RECOMMENDATION: Authorize entering into a contract with GE Water as a
sole source vendor in the amount of $654,370 for the fabrication and delivery
of brackish water treatment equipment.
A-10 APPROVAL OF NEW LEASE AGREEMENT FOR LEASE SITE 134-136
LOCATED AT 1245 EMBARCADERO WITH TOGNAZZINI FAMILY
INCORPORATED; (HARBOR)
RECOMMENDATION: Adopt Resolution No. 34-08.
11
® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — JUNE 23, 2008
11
A-11 APPROVAL OF NEW LEASE AGREEMENT FOR LEASE SITE 133W
LOCATED AT 1235 EMBARCADERO WITH TOGNAZZINI FAMILY
INCORPORATED; (HARBOR)
RECOMMENDATION: This item was pulled from the agenda.
A-12 APPROVAL OF NEW LEASE AGREEMENT FOR LEASE SITE 137
LOCATED AT 1247 EMBARCADERO WITH THE HORTON WILLIAMS JR
AND SAVAHAH L. WILLIAMS REVOCABLE TRUST AND DON
WILLIAMS AND WENDY WILLIAMS; (HARBOR)
RECOMMENDATION: Adopt Resolution No. 36-08.
A-13 APPROVAL OF FIRST AMENDMENT TO THE LEASE AGREEMENT FOR
LEASE SITE 91-92/91W-92W LOCATED AT 897 EMBARCADERO
BETWEEN THE CITY OF MORRO BAY AND ANDERSON INN
PROPERTIES; (HARBOR)
RECOMMENDATION: Adopt Resolution No. 37-08.
A-14 APPROVAL OF NEW LEASE AGREEMENT FOR REDEVELOPMENT OF
LEASE SITE 53-56/53W-56W LOCATED AT 501 EMBARCADERO WITH
ESTERO LANDING INCORPORATED; (HARBOR)
RECOMMENDATION: Adopt Resolution No. 38-08.
Councilmember Winholtz pulled Item A-1, A-3, A-4 and A-10 through A-14 from the
Consent Calendar; Mayor Peters pulled Items A-5 and A-6.
MOTION: Councilmember Winholtz moved the City Council approve Items A-2, A-7,
A-8 and A-9 of the Consent Calendar. The motion was seconded by
Councilmember Peirce and carried unanimously. (5-0)
A-1 APPROVAL OF MINUTES OF THE MAY 27, 2008 AND JUNE 9, 2008
REGULAR CITY COUNCIL MEETINGS; (ADMINISTRATION)
Councilmember Winholtz made a correction to the minutes of May 27, 2008
(COMMITTEE REPORT ON THE INVESTIGATION OF CONTRACTING WITH
CAL FIRE —Page I O/Motion) as follows:
P
® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — JUNE 23, 2008
MOTION: Councilmember Winholtz moved the City Council hold a public workshop
in July 2008 noticing the community on the options of contracting with Cal
Fire as an alternative with comparative information on what the cost is
currently at the 3-level and/or 4-level staffing; noticing shall be done
through the water bills and/or a notice shall go directly to the citizen's
house. The motion was seconded by Councilmember DeMeritt and carried
unanimously. (5-0)
MOTION: Councilmember Winholtz moved the City Council approve Item A -I of
the Consent Calendar as amended. The motion was seconded by
Councilmember DeMeritt and carried unanimously. (5-0)
A-3 APPROVAL OF CREATION OF A WASTEWATER TREATMENT PLANT
GRADE II OPERATOR/LAB ANALYST POSITION; (PUBLIC SERVICES)
Councilmember Winholtz stated for clarification this is not a new position rather it is a
job that is currently being performed by an employee who is getting credit for it.
MOTION: Councilmember Winholtz moved the City Council approve Item A-3 of
® the Consent Calendar. The motion was seconded by Councilmember
Grantham and carried unanimously. (5-0)
11
A4 APPROVAL OF MONTH -TO -MONTH EXTENSION OF VIDEO
PRODUCTION SERVICES AND LOCAL GOVERNMENT CHANNEL
INSERTION POINT MANAGEMENT AGREEMENT WITH AGP VIDEO;
(ADMINISTRATION)
Councilmember Winholtz requested the approval of the Video Production Services and
Local Government Channel Insertion Point Management Agreement with AGP Video
come back to Council by September 2008.
MOTION: Councilmember Winholtz moved the City Council approve Item AA of the
Consent Calendar with the approval of the Video Production Services and
Local Government Channel Insertion Point Management Agreement with
AGP Video come back to Council by September 2008. The motion was
seconded by Councilmember DeMeritt and carried unanimously. (5-0)
7
® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — JUNE 23, 2008
A-5 APPROVAL OF LETTER TO GOVERNOR/STATE REPRESENTATIVES
REGARDING PROPOSED DECREASES IN STATE TRANSIT ASSISTANCE
FOR FISCAL YEAR 2008/2009; (ADMINISTRATION)
Mayor Peters requested the following amendment to the second paragraph, last sentence
on page 1: "... even though the City is experiencing its own critical financial
difficulties."
Councilmember Winholtz requested an amendment to the third paragraph, first sentence
on page l: "The transit cuts you propose will result in an estimated $20,000
decrease in STA available to Morro Bay..."
MOTION: Mayor Peters moved the City Council approve Item A-5 of the Consent
Calendar as amended. The motion was seconded by Councilmember
Winholtz and carried unanimously. (5-0)
A-6 RESOLUTION NO. 32-08 GRANTING A CERTIFICATE OF PUBLIC
CONVENIENCE AND NECESSITY TO SURF CAB; (POLICE)
® Mayor Peters announced the City would have cab service provided by Surf Cab.
MOTION: Mayor Peters moved the City Council approve Item A-6 of the Consent
Calendar. The motion was seconded by Councilmember Winholtz and
carried unanimously. (5-0)
Councilmember Winholtz requested Items A-10 through A-14 be continued to the July
14, 2008 City Council Closed Session meeting.
MOTION: Councilmember Winholtz moved the following: 1) All leases including
Items A-10 through A-14 of this agenda and from hereon, that Section
2.03 of leases include the introductory paragraph that refers to the end of
the initial five year period, and each five year period thereafter would
include the new minimum rent that would be calculated for the following
five year period; and, 2) remove the word "decreases" that relates to the
Consumer Price Index adjustment. The motion was seconded by
Councilmember DeMeritt and failed with Councilmember Grantham,
Councilmember Peirce and Mayor Peters voting no. (2-3)
N
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — NNE 23, 2008
A-10 APPROVAL OF NEW LEASE AGREEMENT FOR LEASE SITE 134-136
LOCATED AT 1245 EMBARCADERO WITH TOGNAZZINI FAMILY
INCORPORATED; (HARBOR)
MOTION: Councilmember Peirce moved the City Council approve Item A-10 of the
Consent Calendar. The motion was seconded by Councilmember
Grantham and carried with Councilmember DeMeritt and Councilmember
Winholtz voting no. (3-2)
A-12 APPROVAL OF NEW LEASE AGREEMENT FOR LEASE SITE 137
LOCATED AT 1247 EMBARCADERO WITH THE HORTON WILLIAMS JR.
AND SAVAHAH L. WILLIAMS REVOCABLE TRUST AND DON
WILLIAMS AND WENDY WILLIAMS; (HARBOR)
Councilmember Winholtz expressed concern that there is no proposed increase with a 20-
year lease extension, and suggested it be changed for reconsideration in ten years.
MOTION: Councilmember DeMeritt moved the City Council approve Item A-12 of
® the Consent Calendar. The motion was seconded by Councilmember
Grantham and carried with Councilmember Winholtz voting no. (4-1)
A-13 APPROVAL OF FIRST AMENDMENT TO THE LEASE AGREEMENT FOR
LEASE SITE 91-92/91W-92W LOCATED AT 897 EMBARCADERO
BETWEEN THE CITY OF MORRO BAY AND ANDERSON INN
PROPERTIES; (HARBOR)
Councilmember Winholtz asked how many extensions have been requested on this lease
site; Mr. Algert responded this is the first amendment to the lease agreement.
MOTION: Councilmember Winholtz moved the City Council approve Item A-13 of
the Consent Calendar. The motion was seconded by Councilmember
Peirce and carried unanimously. (5-0)
A-14 APPROVAL OF NEW LEASE AGREEMENT FOR REDEVELOPMENT OF
LEASE SITE 53-56/53W-56W LOCATED AT 501 EMBARCADERO WITH
ESTERO LANDING INCORPORATED; (HARBOR)
Councilmember Winholtz referred to consistency in the lease agreements referring to
Section 2.03 regarding the base to come back in five years, and said since this section is not
in all lease agreements perhaps it should be removed from this lease agreement.
11
® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — 7UNE 23, 2008
MOTION: Councilmember Peirce moved the City Council approve Item A-14 of the
Consent Calendar. The motion was seconded by Councilmember
DeMeritt and carried unanimously. (5-0)
Mayor Peters called for a break at 7:10 p.m.; the meeting resumed at 7:20 p.m.
B. PUBLIC HEARINGS. REPORTS & APPEARANCES
B-1 RESOLUTION NO. 40-08 DIRECTING THE LEVY TO THE ANNUAL
ASSESSMENT FOR THE CLOISTERS LANDSCAPING AND LIGHTING
MAINTENANCE ASSESSMENT DISTRICT; (RECREATION & PARKS)
Interim City Manager Andrea Lueker stated at the May 27, 2008 City Council meeting,
the Council adopted Resolution No. 23-08 approving the Engineer's Report describing
the annual maintenance to be completed at the Cloisters Park and Open Space, and
declaring the City's intent to levy an annual assessment to finance this maintenance. The
County Assessor will collect the assessment, projected at $1,241.20 per assessable lot in
the Cloisters subdivision. All property owners on record have been noticed of the
® hearing and a publication of the public hearing was noticed in a local newspaper. The
City Council must hold a protest/public hearing before considering the levy of the annual
assessment. Ms. Lueker recommended the City Council adopt Resolution No. 40-08
directing the levy to the Annual Assessment for the Cloisters Landscaping and Lighting
Maintenance Assessment District.
Mayor Peters opened the hearing for public comment; there were no comments, and
Mayor Peters closed the public comment hearing.
MOTION: Councilmember Winholtz moved the City Council adopt Resolution No.
40-08 directing the levy to the Annual Assessment for the Cloisters
Landscaping and Lighting Maintenance Assessment District. The motion
was seconded by Councilmember Grantham and carried unanimously. (5-0)
B-2 RESOLUTION NO. 41-08 DIRECTING THE LEVY TO THE ANNUAL
ASSESSMENT FOR THE NORTH POINT NATURAL AREA LANDSCAPING
AND LIGHTING MAINTENANCE ASSESSMENT DISTRICT;
(RECREATION & PARKS)
Interim City Manager Andrea Lueker stated at the May 27, 2008 City Council meeting,
the Council adopted Resolution No. 22-08 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
10
® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — JUNE 23, 2008
Point subdivision. All property owners on record have been noticed of the hearing and a
publication of the public hearing was noticed in_a local newspaper. The City Council
must hold a protest/public hearing before considering the levy of the annual assessment.
Ms. Lueker recommended the City Council adopt Resolution No. 41-08 directing the levy
to the Annual Assessment for the North Point Natural Area Landscaping and Lighting
Maintenance Assessment District.
Mayor Peters opened the hearing for public comment; there were no comments, and Mayor
Peters closed the public comment hearing.
MOTION: Councilmember Grantham moved the City Council adopt Resolution No.
41-08 directing the levy to 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-3 DISCUSSION ON PLACING AN INITIATIVE ON THE NOVEMBER 2008
GENERAL ELECTION BALLOT IN REGARD TO AMENDING MEASURE D;
® (CITY ATTORNEY)
City Attorney Robert Schultz stated at the June 9, 2008 City Council meeting, Council
directed staff to bring back language amending Measure "D". According to City
documentation, Measure "D" was approved by 57% of the voters and enacted in 1981.
There have been no amendments presented to the voters since that time. The intent of
Measure "D" is that any development on the Tidelands between Beach Street and Target
Rock must be primarily to serve licensed commercial fishing or non-commercial
recreational fishing activities. Mr. Schultz recommended the City Council discuss this
issue and direct staff accordingly.
11
Mayor Peters opened the hearing for public comment.
Cathy Novak, representing Virg's Fishing, stated they are working with the Commercial
Fishing Association on draft language for Measure D. She requested Council continue
this item to the July 14, 2008 Council meeting in order to obtain further input.
Bill Martony requested clarification on the content of the proposed amendments of
Measure "D".
Ray McKelligott stated the public should know what changes are being considered for
Measure "D" because there will be people who will oppose any amendments.
11
® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — JUNE 23, 2008
Ed Ewing stated Measure "D" was meant for the protection of the fishing industry. He
said there are fishermen working with organizations to build back the fishing industry so
it is imperative to save the areas designated for commercial fishing. Mr. Ewing stated
there is no reason to change Measure "D".
Mayor Peters closed the public comment hearing.
Councilmember Peirce stated it is premature to take action on this item until the
stakeholders have discussed this further.
Councilmember Winholtz referred to the current Zoning Ordinance that defines the
commerciaLtrecreational fishing district in the CF zone, which does not meet the criteria
of some activities that have slowly eroded Measure "D". She also referred to the section
of the code that refers to the parking requirements of projects that have been proposed for
this area. Councilmember Winholtz stated Measure "D" should either be complied with
or changed and placed on the ballot for the public to vote on. She said she prefers
suggestion #4 in the staff report with the following amendment: "...commercial and
pleasure boats.
® Councilmember Grantham stated it is important to maintain this area for the fishing
industry. He said he would also like the Papagallo and Chablis pleasure boats to continue
operating where they are presently located because they bring in revenue to the City.
Councilmember Grantham stated renovations should be allowed on the buildings located
on these lease sites.
Councilmember DeMeritt stated she supports the renovation and expansion of Virg's
Fishing; however that is not presently allowed under Measure D. She said she supports
suggestion #4 in the staff report with Councilmember Winholtz amendment, along with
the removal of new restaurant, cafe, gift shop or other retail establishments.
Mayor Peters stated she does not support moving forward with this until the stakeholders
have more time to review this issue.
MOTION: Councilmember Peirce moved the City Council postpone placing Measure
"D" on the General Municipal ballot until there has been a meeting with
the stakeholders. The motion was seconded by Councilmember Grantham
and carried with Councilmember DeMeritt and Councilmember Winholtz
voting no. (3-2)
12
® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — JUNE 23, 2008
B-4 ASSIGNMENT OF LEASE SITE 34W LOCATED ADJACENT TO 225 MAIN
STREET FROM NORMAN ARNOLD TO ROBERT CRIZER; (HARBOR)
City Attorney Robert Schultz stated Lease Site 34W is a water lease site, consisting of
four boat slips, abutting the fee property located at 225 Main Street. The current lessee of
Lease Site 34W, Norm Arnold, is requesting approval of assignment of the lease
agreement for Lease Site 34W to Robert Crizer. Mr. Schultz recommended the City
Council adopt Resolution No. 42-08 approving assignment of the lease agreement for
Lease Site 34W conditional upon City Attorney approval of the assignment and
assumption document.
Mayor Peters opened the hearing for public comment.
Cathy Novak, representing Candy Bottich (owner of 206 Main Street), stated Ms. Bottich
does not object to the transfer of Lease Site 34W to Robert Crizer because it is not clear
that parking will be on her property.
Dorothy Cutter stated this lease site should not be transferred until the parking issue is
resolved. She said she contacted the Coastal Commission who stated this property does
® not have enough parking spaces for the activities taking place at this location. Ms. Cutter
stated conditions should be placed with the sale of this lease site that adequate parking
spaces would be provided and should be recorded in a deed.
El
Bill Martony stated he lives in the neighborhood and parking is an issue, and this problem
should be rectified with the transfer of this lease.
Bob Crizer, applicant, stated continual access to the slips would be included with this
lease assignment. He said his goals are to replace unsafe pilings prior to next winter's
storms, upgrading water meters and fire service, upgrading electric meters, and providing
safe berths for the boats being stored at the slips. Mr. Crizer stated he is working with the
neighbor on providing adequate parking that he would come to the City Council as an
amendment to the lease agreement with a solution to the parking problem.
Mayor Peters closed the public comment hearing.
Councilmember DeMeritt stated the applicant is redeveloping the water lease site, and the
property owners of 206 Main Street should request the Coastal Commission remove the
deed restriction. She said the issues are being created more with the upland lease site.
Mayor Peters stated the language in the deed restriction regarding parking is vague and
not clear.
13
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — JUNE 23, 2008
Councilmember Grantham stated parking is not a part of this issue, and he supports
approval of the lease assignment.
Councilmember Peirce stated he agrees that parking is not part of this assignment request,
and he supports approval of the lease assignment.
Councilmember Winholtz asked questions regarding the access of the adjoining lease
sites, and expressed concern that the applicant is working on closing a street and having
the public pay the.price for a private development. She stated she would vote in favor of
this request in order for the Coastal Commission to start their review.
MOTION: Councilmember Peirce moved the City Council adopt Resolution No. 42-08
approving assignment of the lease agreement for Lease Site 34W located
adjacent to 225 Main Street from Norman Arnold to Robert Crizer subject to
the approval of the City Attorney as to the content of the agreement. The
motion was seconded by Councilmember Grantham and carried
unanimously. (5-0)
® Mayor Peters called for a break at 8:25 p.m.; the meeting resumed at 8:35 p.m.
B-5 DISCUSSION ON COSTS ASSOCIATED WITH ADVERTISING OF THE
CAL FIRE WORKSHOP; (FIRE)
This item was pulled from the agenda.
B-6 RESOLUTION NO. 39-08 AMENDING THE PARKING IN -LIEU FEE IN THE
DOWNTOWN AREA; (CITY ATTORNEY)
City Attorney Robert Schultz stated the City's Parking In -Lieu Fund was established in
1988 to provide increased business opportunities along the community's waterfront.
Rather than providing on -site parking, owners were allowed the option to pay the City a
fee, thereby increasing the area available for business development. Monies accumulated
in the fund are to be used solely for the purpose of improving public parking availability.
At the May 27, 2008 City Council meeting, Council directed staff to bring back a
resolution reducing the Parking In -Lieu fee in the Downtown area in order to stimulate
economic development in this area. Mr. Schultz recommended the City Council adopt
Resolution No. 39-08 amending the Parking In -Lieu fee in the Downtown area.
Mayor Peters opened the hearing for public comment; there were no comments, and Mayor
Peters closed the public comment hearing.
14
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — JUNE 23, 2008
Councilmember Winholtz stated she would like to amend the resolution adding a three-
year time limit because within three years it should show if the lowered fee would have
an affect on business in this area.
Councilmember Peirce stated in order to stimulate economic growth he could support
extending this to Surf Street.
Councilmember Grantham stated this is a positive move for the business community, and
supports extending it to Surf Street. He said he could support a time limit of three to five
years at $1,000 or $2,000 per space.
Councilmember DeMeritt stated $2,000 is a fair amount for a five-year period. She
suggested language revisions to the Resolution.
Mayor Peters agreed with a five-year period because it takes a while to get a business
going; she also supports the $2,000 fee.
MOTION: Councilmember DeMeritt moved the City Council adopt Resolution No.
39-08 amending the Parking In -Lieu Fee in the Downtown area as revised
by the City Council. The motion was seconded by Councilmember Peirce.
Councilmember Winholtz asked for an amendment adding "and is not retroactive'; Mr.
Schultz instead recommended the language "and has not received any entitlements or
permits".
Councilmember DeMeritt accepted the amendment to her motion; Councilmember Peirce
accepted the amendment to his second.
VOTE: The motion carried unanimously. (5-0)
C. UNFINISHED BUSINESS — NONE.
D. NEW BUSINESS
D-1 CONSIDERATION OF HARBOR ADVISORY BOARD
RECOMMENDATION TO CORRESPOND WITH FEDERAL ENERGY
REGULATORY COMMISSION ON THE GREEN WAVE ENERGY
PROPOSAL; (HARBOR)
Harbor Director Rick Algert stated in Fall of 2007, the City became aware that the
Federal Energy Regulatory Commission (FERC) was considering an application from
® Green Wave Energy LLC for a preliminary permit to install hydrokinetic (wave energy)
15
n
U
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — JUNE 23, 2008
generation equipment in an area of approximately 17 square miles off of Montana de
Oro. On May 1, 2008 the Harbor Advisory Board heard a presentation on wave energy
development. The Board appointed an ad -hoc committee to look into the specific
proposal offshore of San Luis Obispo County and investigate the federal licensing/permit
process. Mr. Algert recommended the City Council accept the Harbor Advisory Board
recommendation and authorize the Mayor to sign a letter to the FERC requesting
intervener status on the Green Wave Energy license application off of San Luis Obispo
Coast.
Councdmember Peirce recommended the City encourage FERC to place this in a marine
closure area so fishing is not affected.
Councilmember Winholtz stated she supports sending a letter to FERC requesting
intervener status on the Green Wave Energy license application.
Councilmember Grantham agreed the City should. encourage a location other than a
fishing area for this use.
Councilmember DeMeritt expressed support for the City requesting intervener status
because of the impacts it will have on our harbor.
Mayor Peters stated she would like the letter to state the source that advised the City
about requesting intervener status on the Green Wave Energy license application.
MOTION: Councilmember DeMeritt moved the City Council authorize the Mayor to
sign a letter to the FERC requesting intervener status on the Green Wave
Energy license application off of San Luis Obispo Coast as amended by
Council. The motion was seconded by Councilmember Grantham and
carried unanimously. (5-0)
D-2 CONSIDERATION OF PLACING A MEASURE ON THE BALLOT TO
REPEAL MEASURE "S" IN REGARD TO PRIMARY ELECTIONS; (CITY
ATTORNEY)
City Attorney Robert Schultz stated on November 7, 2006, the required number of
qualified voters in the City voted in favor of Measure "S". Measure "S" codified by
Ordinance No.- 528, amended the Morro Bay Municipal Code to have the general
municipal election held at the time of the statewide primary election with a runoff
election, if necessary, to follow in the November election. Mr. Schultz recommended the
City Council consider this item and direct staff accordingly.
IG
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING— NNE 23, 2008
Councilmember DeMeritt stated the primary election over politicizes the process, not
many people understand the process and the cost to candidates is unreasonable. She said
she supports placing a repeal of Measure "S" on the November ballot.
Councilmember Grantham stated he supports waiting in order for the process to go
through a full election season. He said he does respect that the citizens of Morro Bay
passed Measure "S".
Councilmember Peirce stated he supports waiting in order to let it run a full cycle. He
also acknowledged this process was voted by the citizens.
Councilmember Winholtz stated placing the repeal of Measure "S" on the November
ballot gives the public another chance to consider the process.
Mayor Peters stated the primary election process was confusing being that it was the first
one, and it over -politicizes discussions and decisions. She said she did not like the extra
cost to both the city and the candidates, and so many forums; however, those concerns
could be addressed in the future. She stated that placing a repeal of this process on the
ballot should come from the citizens, just as the initial measure did.
No action was taken.
ADJOURNMENT
The meeting adjourned at 9:34 p.m.
Recorded by:
Re /
I �!/ 4p & \6�Ql�/
Bridgett Bauer
City Clerk
LI,
17
City of Morro Bay
Morro Bay, CA 93442
(805) 772-6200
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, June 16, 2008 at
8:30 a.m. to be held in the City Hall Conference Room located at 595 Harbor
Street, Morro Bay, California. The City Council will be considering the
following:
® GOVERNMENT CODE SECTION 54957: PERSONNEL
ISSUES. Discussions regarding Personnel Issues including one (1)
public employee regarding appointment, specifically the City
Manager.
DATED: June 10, 2008
Bridgett 136uer, City Clerk
IN COMPLIANCE WTTH 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
4. 595 Harbor Street 595 Harbor Street 715 Harbor Street
HARBOR DEPARTMENT POLICE DEPARTMENT
1275 Embarcadero Road 870 Morro Bay Boulevard
PUBLIC SERVICES
590 Morro Bay. Boulevard
RECREATION & PARKS
1001 Kennedv Wav
® 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 — JUNE 9, 2008
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 REGULAR CITY COUNCIL MEETING
OF MAY 12, 2008, AND BUDGET MEETINGS OF MAY 8, 2008 AND MAY
15, 2008; (ADMINISTRATION)
RECOMMENDATION: Approve as submitted.
A-2 CASH AND FINANCIAL REPORT; (FINANCE)
RECOMMENDATION: Receive report for information.
® A-3 RESOLUTION NO. 27-08 APPROVING TRANSACTIONS WITH RABOBANK;
(FINANCE)
RECOMMENDATION: Adopt Resolution No. 27-08.
A4 RESOLUTION NO. 28-08 APPROVING ASSIGNMENT OF LEASE SITE 34W
LOCATED ADJACENT TO 225 MAIN STREET; (HARBOR)
RECOMMENDATION: Adopt Resolution No. 28-08.
A-5 RESOLUTION NO. 30-08 ADOPTING THE MEMORANDUM OF
UNDERSTANDING WITH THE MORRO BAY FIREFIGHTERS
ASSOCIATION; (ADMINISTRATION)
RECOMMENDATION: Adopt Resolution No. 30-08.
A-6 RESOLUTION NO. 26-08 SUPPORTING PARTICIPATION IN THE
CALHOME HOME REHABILITATION PROGRAM AND AUTHORIZATION
TO SUBMIT THE GRANT APPLICATION; (PUBLIC SERVICES)
RECOMMENDATION: Adopt Resolution No. 26-08.
A-7 RESOLUTION NO. 31-08 IDENTIFYING AND DETERMINING THAT THE
® MAIN/SAN JACINTO/ALDER INTERSECTION IS A LOW PRIORITY
2
CAPITAL IMPROVEMENT PROJECT AND SHOULD NOT BE PURSUED
® AT THIS TIME AND IS NOT ON ANY WORKLIST; (PUBLIC SERVICES)
RECOMMENDATION: Adopt Resolution No. 31-08.
B. PUBLIC HEARINGS. REPORTS & APPEARANCES
B-I STORM WATER MANAGEMENT PLAN UPDATE; (PUBLIC SERVICES)
RECOMMENDATION: Approve the Draft Storm Water Management Plan for
submittal to the Regional Water Quality Control Board.
B-2 RESOLUTION NO. 29-08 APPROVING FINAL ABANDONMENT OF AN
UNDEVELOPED PORTION OF PALM AVENUE RIGHT-OF-WAY; (PUBLIC
SERVICES)
RECOMMENDATION: Adopt Resolution No. 29-08.
B-3 DISCUSSION ON WATER * AND SEWER RATES AND THE
CALCULATIONS USED; (PUBLIC SERVICES)
RECOMMENDATION: Discuss and direct staff accordingly.
® B4 DISCUSSION ON PLACING AN INITIATIVE ON THE NOVEMBER 2008
GENERAL ELECTION BALLOT IN REGARD TO A UTILITY USER TAX
AND/OR A TRANSIENT OCCUPANCY TAX AND/OR AMENDING
MEASURE D; (CITY ATTORNEY)
is
RECOMMENDATION: Discuss and direct staff accordingly.
C. UNFINISHED BUSINESS
C-1 COMMUNITY DEVELOPMENT BLOCK GRANT PLANNING AND
TECHNICAL ASSISTANCE GRANT OPPORTUNITIES FOR ECONOMIC
DEVELOPMENT AND HOUSING PROGRAMS; (PUBLIC SERVICES)
RECOMMENDATION: Receive report and direct staff accordingly.
D. NEW BUSINESS
D-1 UPDATE ON STATUS OF PROGRESS ON URBAN ENVIRONMENTAL
ACCORDS; (PUBLIC SERVICES)
RECOMMENDATION: Receive report and direct staff accordingly.
3
o D-2 APPROVAL OF SETTLEMENT AGREEMENT WITH SPRINT PCS ASSETS,
LLC, IN REGARD TO THE CONSTRUCTION OF A WIRELESS
TELECOMMUNICATIONS FACILITY AT 545 SHASTA AVENUE AND
ADOPTION OF AN URGENCY INTERIM ORDINANCE PROHIBITING
WIRELESS TELECOMMUNICATIONS FACILITIES PENDING
COMPLETION OF AN UPDATE TO THE CITY'S ZONING ORDINANCE
CODE; (CITY ATTORNEY)
RECOMMENDATION: Approve Settlement Agreement, and adopt Urgency
Interim Ordinance No. 541 prohibiting wireless telecommunication facilities.
D-3 APPOINTMENT OF TWO COUNCIL MEMBERS TO AN AD -HOC
COMMITTEE TO DISCUSS THE JOINT POWERS AGREEMENT WITH
CAYUCOS SANITARY DISTRICT; (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.
MATERIALS RELATED TO AN ITEM ON THIS AGENDA SUBMITTED TO
THE CITY COUNCIL AFTER DISTRIBUTION OF THE AGENDA PACKET
ARE AVAILABLE FOR PUBLIC INSPECTION AT CITY HALL LOCATED AT
595 HARBOR STREET; MORRO BAY LIBRARY LOCATED AT 625 HARBOR
STREET; AND MILL'S COPY CENTER LOCATED AT 495 MORRO BAY
BOULEVARD DURING NORMAL BUSINESS HOURS.
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
® REGULAR MEETING — JUNE 9, 2008
VETERANS MEMORIAL HALL - 6:00 P.M.
f`]
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: Andrea Lueker
Robert Schultz
Bridgett Bauer
Bruce Ambo
Bill Boucher
John DeRohan
Rachel Grossman
Damaris Hanson
Bruce Keogh
Sue Lichtenbaum
Rob Livick
Kimberly Peeples
Mike Pond
Susan Slayton
Dylan Wade
ESTABLISH QUORUM AND CALL TO ORDER
MOMENT OF SILENCE
PLEDGE OF ALLEGIANCE
Interim City Manager
City Attorney
City Clerk
Public Services Director
Capital Projects Manager
Police Chief
Associate Planner
Engineer Technician
Wastewater Treatment Plant Manager
Harbor Business Coordinator
City Engineer
Housing Programs Coordinator
Fire Chief
Finance Director
Senior Civil Engineer
MAYOR'S REPORTS & ANNOUNCEMENTS
CLOSED SESSION REPORT — There was no Closed Session meeting.
PUBLIC COMMENT
Bill Black stated he placed a solar system on his house two years ago and now his electric
bill is 54.41 per month.
Ani Lyn, Membership Director for the Chamber of Commerce, reviewed the statistics
report for the month of May.
Nancy Johnson stated Dahlia Days sponsored by Morro Bay Garden Club would be held
on August 23, 2008 at St. Timothy's Hall.
Rochelle Bento, Chamber of Commerce, discussed the upcoming trip to Greece. She said
these trips are to promote trade and commerce to bring into this region.
MINUTES - MORRO BAY CITY COUNCIL
® REGULAR MEETING — JUNE 9, 2008
Hank Roth stated Morro Bay Neighborhood Watch would hold their annual barbeque on
April 21, 2008 at Del Mar Park.
Keith Taylor on behalf of the Morro Bay Friends of the Police Department and Friends of
the Fire Department thanked those who helped with the Music Festival on June 7, 2008.
Richard Sadowski referred to the City's dilapidated collection system and supplied
Council with copies of his reports.
Marla Jo Bruton stated the reports prepared by she and Mr. Sadowski should have been
provided to the public so they could see the condition of the City's aquifer. She said they
filed an appeal with the Coastal Commission and other agencies that should have been
involved in this process.
Jamie Irons referred to the Management Partners Study and stated the City should
establish service priorities through a Business Improvement District. He said it is time to
support the City by enhancing its revenue base perhaps by pursuing a Measure on the
November ballot.
® Cathy Novak referred to Item A4 (Resolution No. 28-08 Approving Assignment of
Lease Site 34W Located Adjacent to 225 Main Street) stated the California Coastal
Commission issued a Coastal Development Permit on March 10, 1983 for 225 Main
Street. This permit was subject to terms and conditions including the deed restriction,
which language and original permit conditions should be included in the Covenants. Ms.
Novak noted the Council approved lease amendment #1 on December 10, 2007 with a
modification that specifically deleted the reference to the parking located at 206 Main
Street. Ms. Novak requested Council bring back an amendment for Lease Site 34W at
the next meeting that will address the parking at 206 Main Street.
David Nelson stated once through cooling should not be a consideration for the power
plant. He said there is evidence that proves this process is damaging the estuary, and
urged the City Council to reconsider this process.
Bob Crizer addressed Item A-4 and requested Council's support in approving this lease
assignment. He said it would be reasonable to discuss the parking issue at the next City
Council meeting.
Phil Hill stated he is a liveaboard and talked about life on the harbor. He agreed that
once through cooling is harming the estuary.
Dorothy Cutter addressed Item A4 and requested the City Council not approve this lease
assignment and requested reconsideration at a future meeting. She expressed concern
with the parking at this location.
2
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — JUNE 9, 2008
Ken Vesterfelt stated directional signs are needed at the Harborwalk for bicycles and
skateboards. He addressed the fact that the City Council is the third highest paid in the
County and the Police Department is the lowest on the pay scale. Mr. Vesterfelt
addressed locations where vehicles are parked for long periods.
Bill Martony addressed Item A4 stating parking is a problem at this location. He said
this issue should be reagendized for public comment in order to resolve the parking
problem. He also asked how the solar panels are performing at the Community Center.
John Barta stated there was a high turnout for being a first Primary Election. He thanked
the candidates for participating in this election.
Candy Bottich addressed Item A-4 and noted she lives at 206 Main Street, and would
appreciate the City Council resolving the issues with this lease site.
George Leage thanked those who participated in the Primary Election, and those who
serve on the City Council.
Mayor Peters closed the hearing for public comment.
is Mayor Peters called for a break at 7:06 p.m.; the meeting resumed at 7:17 p.m.
DECLARATION OF FUTURE AGENDA ITEMS
Councilmember DeMeritt requested to agendize a discussion on GEM trucks;
Councilmember Winholtz concurred.
Councilmember DeMeritt requested to agendize a discussion on the Brown Act as it
relates to the rights of the public; Councilmember Winholtz concurred.
Councilmember Winholtz requested to agendize a discussion on placing a repeal of the
Primary Election on the November 2008 Election ballot; Council concurred.
A. CONSENT CALENDAR
Unless an item is pulled or 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 MAY 12, 2008, AND BUDGET MEETINGS OF MAY 8, 2008 AND MAY
15, 2008; (ADMINISTRATION)
® RECOMMENDATION: Approve as submitted.
3
MINUTES - MORRO BAY CITY COUNCIL
® REGULAR MEETING — JUNE 9, 2008
A-2 CASH AND FINANCIAL REPORT; (FINANCE)
RECOMMENDATION: Receive report for information.
A-3 RESOLUTION NO. 27-08 APPROVING TRANSACTIONS WITH RABOBANK;
(FINANCE)
RECOMMENDATION: Adopt Resolution No. 27-08.
A4 RESOLUTION NO. 28-08 APPROVING ASSIGNMENT OF LEASE SITE 34W
LOCATED ADJACENT TO 225 MAIN STREET; (HARBOR)
RECOMMENDATION: Adopt Resolution No. 28-08.
A-5 RESOLUTION NO. 30-08 ADOPTING THE MEMORANDUM OF
UNDERSTANDING WITH THE MORRO BAY FIREFIGHTERS
ASSOCIATION; (ADMINISTRATION)
RECOMMENDATION: Adopt Resolution No. 30-08.
® A-6 RESOLUTION NO. 26-08 SUPPORTING PARTICIPATION IN THE
CALHOME HOME REHABILITATION PROGRAM AND AUTHORIZATION
TO SUBMIT THE GRANT APPLICATION; (PUBLIC SERVICES)
RECOMMENDATION: Adopt Resolution No. 26-08.
A-7 RESOLUTION NO. 31-08 IDENTIFYING AND DETERMINING THAT THE
MAIN/SAN JACINTO/ALDER INTERSECTION IS A LOW PRIORITY
CAPITAL IMPROVEMENT PROJECT AND SHOULD NOT BE PURSUED
AT THIS TIME AND IS NOT ON ANY WORKLIST; (PUBLIC SERVICES)
RECOMMENDATION: Adopt Resolution No. 31-0&
Councilmember Winholtz pulled Items A-1, A-3, A-4 and A-7 from the Consent Calendar.
MOTION: Councilmember Peirce moved the City Council approve Items A-2, A-5
and A-6 of the Consent Calendar. The motion was seconded by
Councilmember Grantham and carried unanimously. (5-0)
M
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — JUNE 9, 2008
A-1 APPROVAL OF MINUTES FOR THE REGULAR CITY COUNCIL MEETING
OF MAY 12, 2008, AND BUDGET MEETINGS OF MAY 8, 2008 AND MAY
15, 2008; (ADMINISTRATION)
Councilmember Winholtz made the following amendment to the minutes of the Budget
Meeting on May 15, 2008 (page 5): "Councilmember Winholtz suggested taking $87,400
$20,000 out of Police's current fiscal year general fund budget and fully funding the VCB."
MOTION: Councilmember Winholtz moved the City Council approve Item A-1 as
amended. The motion was seconded by Councilmember DeMeritt and
carried unanimously. (5-0)
A-3 RESOLUTION NO. 27-08 APPROVING TRANSACTIONS WITH RABOBANK;
(FINANCE)
Councilmember Winholtz stated she would meet with the Finance Director in her office to
ask her question.
MOTION: Councilmember Winholtz moved the City Council approve Item A-3 of
® the Consent Calendar. The motion was seconded by Councilmember
Grantham and carried unanimously. (5-0)
A-4 RESOLUTION NO. 28-08 APPROVING ASSIGNMENT OF LEASE SITE 34W
LOCATED ADJACENT TO 225 MAIN STREET; (HARBOR)
City Attorney stated the only issue is the assignment of the lease agreement, and discussion
on all other issues would need to be reagendized.
MOTION: Mayor Peters moved the City Council continue Item A4 of the Consent
Calendar to the June 23, 2008 City Council meeting. The motion was
seconded by Councilmember DeMeritt and carried with Councilmember
Peirce voting no. (4-1)
A-7 RESOLUTION NO. 31-08 IDENTIFYING AND DETERMINING THAT THE
MAIN/SAN JACINTO/ALDER INTERSECTION IS A LOW PRIORITY
CAPITAL IMPROVEMENT PROJECT AND SHOULD NOT BE PURSUED
AT THIS TIME AND IS NOT ON ANY WORKLIST; (PUBLIC SERVICES)
Councilmember Winholtz stated her intent on this issue was this is not considered a project.
City Attorney Robert Schultz clarified this project is listed in the City's General Plan.
5
MINUTES - MORRO BAY CITY COUNCIL
® REGULAR MEETING — JUNE 9, 2008
MOTION: Councilmember Winholtz moved the City Council approve to go beyond
11:00 p.m. The motion was seconded by Councilmember Grantham and
carried unanimously. (5-0)
Councilmember Grantham expressed concern with this intersection, and stated he does not
want to remove this project from the work list.
MOTION: Councilmember Winholtz moved the City Council approve Item A-7 of
the Consent Calendar. The motion was seconded by Mayor Peters and
carried with Councilmember Peirce voting no. (4-1)
B. PUBLIC HEARINGS. REPORTS & APPEARANCES
B-I STORM WATER MANAGEMENT PLAN UPDATE; (PUBLIC SERVICES)
City Engineer Rob Livick stated on August 25, 2003 the City Council approved
Resolution No. 43-03, which adopted the City's Stormwater Management Plan (SWAP)
pursuant to the National Pollution Discharge Elimination System (NPDES) program
requirements. The City then submitted the plan to the California Regional Water Quality
® Control Board, which the Water Board has yet to review and provide comments to the
City regarding the SWMP. On February 15, 2008 the City received a notice from the
Water Board regarding the revised process for enrolling small Municipal Separate Storm
Sewer Systems under the State's General Permit and development and implementation of
a SWAP, which is due to the Water Board. Mr. Livick recommended the City Council
review and approves the Draft Storm Water Management Plan for submittal to the
Regional Water Quality Control Board by June 20, 2008.
Mayor Peters opened the hearing for public comment.
Noah Smukler stated water management and water resources are some of the most
challenging resources in the state. He said the SWMP promotes solutions to the problem
and beneficial impact on protecting the environment. Mr. Smukler stated the SWMP
would help replenish the City's aquifers and reduce the need for water in landscaping.
He said the City should move forward and see it as an investment in establishing
promotional opportunity in ecotourism.
David Nelson stated this is an opportunity where low impact development should be
encouraged. He said there are grants available for low impact development experiments.
Mr. Nelson stated this report is going in a positive direction.
Andy Hampp asked what would it cost the City to implement this report in the future.
® Mayor Peters closed the public comment hearing.
_MINUTES - MORRO BAY CITY COUNCIL
® REGULAR MEETING — JUNE 9, 2008
MOTION: Councilmember Grantham moved the City Council approve the Draft
Storm Water Management Plan for submittal to the Regional Water
Quality Control Board by June 20, 2008. The motion was seconded by
Councilmember Peirce and carried unanimously. (5-0)
B-2 RESOLUTION NO. 29-08 APPROVING FINAL ABANDONMENT OF AN
UNDEVELOPED PORTION OF PALM AVENUE RIGHT-OF-WAY; (PUBLIC
SERVICES)
City Engineer Rob Livick stated the City Council adopted Resolution No. 21-08 on May
12, 2008, which is a resolution of intention to abandon a portion of Palm Avenue. The
May 12, 2008 agenda report included discussion of the various issues and requirements
regarding abandonment and the Planning Commission's recommendation to the Council
for conditional approval. Resolution No. 29-08 incorporates the prescribed conditions as
modified, including the fact that it is not effective for recordation until all of the
conditions have been satisfactorily met as determined by the City Engineer. Mr. Livick
recommended the City Council adopt Resolution No. 29-08 approving final abandonment
of an undeveloped portion of Pam Avenue right-of-way.
Cathy Novak, representing applicants, stated currently this section of Palm Avenue is
barricaded at Walnut Street and only provides access for two homes from Main Street. It
® is visually degrading the neighborhood because the street is in disrepair and the balance
of the right-of-way area is basically a weed patch. It is also a trash collector and on
occasion the weeded area becomes an impromptu parking lot the construction workers.
The applicants are requesting the City to vacate the 50x105 foot section of Palm Avenue
and have this revert back to the property owners. In return, a 20-foot wide easement
would be granted for emergency access, common driveway and the sewer line. Since the
time this project was presented to the Planning Commission, a third driveway has been
added for future access to the 242 Main Street parcel. The new private driveway would
be able to serve three parcels off Palm Avenue; the fourth parcel on Palm and Walnut has
access from Walnut therefore there is no need to provide access from Palm Avenue. The
applicants have offered to accept a project condition that would keep the setback and lot
coverage measurements based upon the exiting property boundaries. This condition
would be implemented by a deed restriction on the four properties. Ms. Novak stated a
landscape plan has been submitted for approval that include no plant material that would
grow more than approximately six feet high; the plant materials will be native and
drought tolerant; the plant material within the non -paved easement area would remain
natural and will be limited to low ground cover; and, a maximum three-foot high
removable fence is proposed along the easement line for the parcel at 224 Main Street.
The responsibility of property owners would be to plant and maintain the landscaping on
their property. Ms. Novak stated the property owners believe this abandonment would
benefit both the City and the neighborhood. It will clean 'up the visual blight, provide
attractive landscaping and remove a non-functional street that the City is now required to
® maintain with paving and weed control. The applicants will pay for the installation and
upgrade of the parking area on Walnut Street.
7
MINUTES - MORRO BAY CITY COUNCIL
® REGULAR MEETING — JUNE 9, 2008
Mayor Peters opened the hearing for public comment.
David Nelson stated this easement is an asset to the neighborhood and should not be
given to individual property owners.
Bill Martony stated he supports the abandonment of this property. He said it would be
preserved and made into a park -like setting. Mr. Martony stated deed restrictions would
prohibit personal expansion on this property.
Bob Crizer stated he supports the abandonment; however, he encouraged the property
owners provide parking at this location.
Mayor Peters closed the public comment hearing.
Councilmember DeMeritt stated she is in opposition to this abandonment because the
City should not give away anything of value. She said this could set a precedent for
requests of abandonment of easements around the City.
Councilmember Grantham stated there is no value in the City holding onto this property.
He said there would be a benefit of visual improvement, and the property owners would
® have to pay more in property tax, which would benefit the City.
Councilmember Peirce stated he supports the abandonment of the easement, and noted
there is no reason to require a pedestrian walkway or parking space at this location.
Councilmember Winholtz stated this property is not a blight and there is no hazard in
crossing Main Street from this location. She said she does not want to lose the public
access, and the City should maintain this right-of-way. Councilmember Winholtz stated
this would set a precedent, and requested not to abandon this easement unless there is a
public walkway. She said she would not want to require parking on Walnut Street.
Mayor Peters stated she supports the pedestrian access and parking at this location as well
as the driveway and landscaping improvements.
Councilmember DeMeritt stated she would be supportive if the property owners are
agreeable with maintaining a public walkway through this easement.
MOTION: Councilmember Winholtz moved the City Council approve the
abandonment with a condition that the City maintains a pedestrian
walkway through the middle of the easement. The motion was seconded
by Councilmember DeMeritt and carried with Councilmember Grantham
voting no. (4-1)
9
MINUTES - MORRO BAY CITY COUNCIL
® REGULAR MEETING — JUNE 9, 2008
B-3 DISCUSSION ON WATER AND SEWER RATES AND THE
CALCULATIONS USED; (PUBLIC SERVICES)
Capital Projects Manager Bill Boucher stated this item has been placed on the agenda by
Council request and intends to provide background and discussion on the genesis and
calculations of the water and wastewater rate structures. The community's water rate
structure was adopted in a two-step process in 1994 and 1995 and there have been no
changes to the structure since that time. The most recent wastewater rate structure was
adopted in November 2007 and will become effective on July 1, 2008. Any proposed
changes to either rate structure must be done both with consideration of the public
process required by Proposition 218 and adjusting portions of the rate structure upward if
other portions are proposed to be lowered in order to generate the funding needed to
pursue adopted programs and policies. The community's water and wastewater rates
structures are both related to water consumption: water based upon direct meter readings
and wastewater upon estimates of what portion of water delivered is "returned" to the
sewer system. Wastewater rates also incorporate the constituents that the various types of
customers add to the wastewater stream, such as detergents from laundry businesses and
food products from restaurants. Mr. Boucher recommended the City Council receive this
report for information, and direct staff accordingly.
® Mayor Peters opened the hearing for public comment; there were no comments, and Mayor
Peters closed the public comment hearing.
This was an informational item, and no action was taken.
Mayor Peters called for a break at 8:50 p.m.; the meeting resumed at 9:00 p.m.
B-4 DISCUSSION ON PLACING AN INITIATIVE ON THE NOVEMBER 2008
GENERAL ELECTION BALLOT IN REGARD TO A UTILITY USER TAX
AND/OR A TRANSIENT OCCUPANCY TAX AND/OR AMENDING
MEASURE D; (CITY ATTORNEY)
City Attorney Robert Schultz stated at previous City Council meetings, Council has
requested information on placing a voter measure on the November 2008 General
Election ballot in regard to increasing transient occupancy tax, establishing a Utility User
Tax, and amending or repealing Measure D. Mr. Schultz requested Council direction
regarding whether to proceed with preparing any measure, as the full text of the measure
and the exact form of the question must be submitted to'the San Luis Obispo County
Clerk by July 23, 2008.
Mayor Peters opened the hearing for public comment.
El
MINUTES - MORRO BAY CITY COUNCIL
® REGULAR MEETING — JUNE 9, 2008
Cathy Novak, representing Virg's Fishing, suggested the City meet with a couple of
business owners and members of the Commercial Fishermen's Association who could
assist with language amending Measure D.
Bill Martony stated Council should consider the original passage of Measure D was to
protect the fishing industry. He said there are some businesses that are grandfathered in,
and the northern portion of Embarcadero brings tourists to see a working harbor front.
Mr. Martony requested Council consider modification and not a repeal of Measure D.
Dorothy Cutter stated a repeal of the Primary Election should be placed on the November
ballot.
Joan Solu stated she would prefer entering into a Business Improvement District instead
of increasing transient occupancy tax. She said the transient occupancy tax is meant to
promote tourism and not build-up the General Fund for other costs. Ms. Solu stated if
there was an increase in transient occupancy tax, Council should consider placing 50% of
the increase in a tourism fund that would be overseen by a committee such as the
Oversight Committee for Measure Q funds.
Andy Hampp stated an increase in transient occupancy tax should be tabled because of
® the economy with the increase in fuel, food and other expenses that are passed on to the
tourist.
David Weisman, Chair of Community Promotions Committee, stated an increase in
transient occupancy tax would be premature with the Business Improvement District
being proposed in September.
Mayor Peters closed the public comment hearing.
Councilmember Grantham, Councilmember Peirce and Mayor Peters expressed support
for placing a measure increasing the Utility User Tax on the November ballot;
Councilmember DeMeritt and Councilmember Winholtz stated they do not support this
tax being placed on the ballot.
MOTION: Councilmember Grantham moved the City Council include a measure on
the November 2008 ballot increasing the Utility User Tax by 5% on gas,
electric, phone, cell phone, water, garbage and cable. The motion was
seconded by Councilmember Peirce and failed With Councilmember
DeMeritt, Councilmember Winholtz and Mayor Peters voting no. (2-3)
A majority of the City Council stated it was premature to place a measure increasing the
transient occupancy tax on the November ballot with the Business Improvement District
® being proposed in September.
10
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — JUNE 9, 2008
The City Attorney noted the issue of placing a repeal of the Primary Election on the
November 2008 ballot was not agendized for discussion.
Consensus of the City Council expressed support for placing a measure amending
Measure D on the November ballot.
Councilmember DeMeritt suggested the following amendments be made to Measure D:
"The City shall not grant any permit, authorization or other approval of
any stated owned tidelands subject to city lease between Beach Street and
Target Rock, unless such development or use is primarily for the purpose
of serving or facilitating licensed commercial fishing activities or
noncommercial recreational fishing activities, or is clearly incidental
thereto. For purposes of illustration only, and not by way of limitation, no
approval shall be granted for any new passengeF for hire boats or
, any new restaurant, cafe, gift shop or other retail
establishments serving the general public, and any existing such uses shall
hereafter be considered nonconforming and shall not be expanded or
enlarged."
® Councilmember Peirce stated it would be appropriate to include in the Measure D
language to allow a marine haul -out or dry dock storage for boats.
MOTION: Mayor Peters moved the City Council approve placing an amendment of
Measure D on the November 2008 ballot based on the suggestions made
by the City Council and any other appropriate input received. The motion
was seconded by Councilmember Grantham and carried with
Councilmember Winholtz voting no. (4-1)
C. UNFINISHED BUSINESS
C-1 COMMUNITY DEVELOPMENT BLOCK GRANT PLANNING AND
TECHNICAL ASSISTANCE GRANT OPPORTUNITIES FOR ECONOMIC
DEVELOPMENT AND HOUSING PROGRAMS; (PUBLIC SERVICES)
Public Services Director Bruce Ambo stated potential grant funding to investigate the
feasibility of forming a Redevelopment Project Area has been identified in the CDBG
Planning and Technical Assistance grant program. The full formation study could easily
be in the order of $200,000 and require a substantial amount of staff time and consultant
expense, and is likely to require successive funding cycles or identification of another
funding source. For the amount of time, effort and expense, it is strongly recommended
that Council determine the level of true interest and actual commitment that the Council
® is willing to invest in getting the potential tax increment to grow and translate to changes
that stimulate private investment and economic development. Mr. Ambo recommended
the City Council direct staff to prepare CDBG Planning and Technical Assistance grant
11
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — JUNE 9, 2008
applications in anticipation of the notice of funding availability to conduct a feasibility
study for forming a Redevelopment Project Area; and, direct staff to schedule a public
hearing and provide staff authorization to submit the Planning and Technical Assistance
grant applications when the notice of funding availability is released.
MOTION: Councilmember Grantham moved the City Council direct staff to prepare
CDBG Planning and Technical Assistance grant applications in
anticipation of the notice of funding availability to conduct a feasibility
study for forming a Redevelopment Project Area; and, direct staff to
schedule a public hearing and provide staff authorization to submit the
Planning and Technical Assistance grant applications when the notice of
funding availability is released. The motion was seconded by
Councilmember Peirce and carried unanimously. (5-0)
D. NEW BUSINESS
D-I UPDATE ON STATUS OF PROGRESS ON URBAN ENVIRONMENTAL
ACCORDS; (PUBLIC SERVICES)
® Associate Planner Rachel Grossman stated on May 8, 2006, the City Council adopted
three action items from the Urban Environmental Accords. These action items address
environmental goals relevant to tree canopy, air quality and hazardous materials. Over
the past two years. City staff has been moving forward with the implementation of these
action items to the maximum extent feasible. City staff has made significant progress
towards achieving compliance with the three action items adopted from the Urban
Environmental Accords. Staff will continue to address these action items in the coming
years. Ms. Grossman recommended the City Council implement components of the
action items to the maximum extent feasible by incorporating them into various state
mandated projects.
MOTION: Councilmember Grantham moved the City Council implement
components of the action items from the Urban Environmental Accords to
the maximum extent feasible by incorporating them into various state
mandated projects. The motion was seconded by Councilmember
Winholtz and carried unanimously. (5-0)
D-2 APPROVAL OF SETTLEMENT AGREEMENT WITH SPRINT PCS ASSETS,
LLC, IN REGARD TO THE CONSTRUCTION OF A WIRELESS
TELECOMMUNICATIONS FACILITY AT 545 SHASTA AVENUE AND
ADOPTION OF AN URGENCY INTERIM ORDINANCE PROHIBITING
WIRELESS TELECOMMUNICATIONS FACILITIES PENDING
COMPLETION OF AN UPDATE TO THE CITY'S ZONING ORDINANCE
® CODE; (CITY ATTORNEY)
12
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — JUNE 9, 2008
City Attorney Robert Schultz stated on October 22, 2007, the City Council denied
Sprint's application to construct a Wireless Telecommunications Facility at 545 Shasta
Avenue. In response to the denial, on November 21, 2007, Sprint filed a Federal
Complaint against the City entitled Sprint PCS Assets, L.L.C. v. City of Morro Bay. It is
the City Attorney's opinion, based upon the advice of outside counsel, that the denial of
Sprint's application might result in a violation of Section 332C(7) of the Federal
Telecommunications Act of 1996, and that a federal court could, in the face of such
violation, issue injunctive relief compelling the City to grant the application. Mr. Schultz
recommended the City Council approve the Settlement Agreement in order to prevent
further application for the construction of wireless facilities; and, adopt Urgency Interim
Ordinance No. 541 prohibiting wireless telecommunication facilities pending completion
of an update to the City's Zoning Ordinance Code.
A majority of the City Council requested this item be opened to public comment.
Ann Travers requested the approval of a temporary moratorium prohibiting wireless
telecommunication facilities pending an update to the City's Zoning Ordinance. She also
requested the City not approve the settlement agreement with Sprint which would allow
placement of three cell phone towers at St. Peter's Episcopal Church.
Barbara Nordin requested a continuation of this item so they have adequate time to
review the matter.
John Barta addressed the frustration of people with the process of this City's government.
Mayor Peters closed the public comment hearing.
MOTION: Councilmember Grantham moved the City Council approve the Settlement
Agreement with Sprint PCS Assets, LLC, in regard to the construction of a
Wireless Telecommunications Facility at 545 Shasta Avenue; and, adopt
Urgency Interim Ordinance No. 541 prohibiting wireless telecommunications
facilities pending completion of an update to the City's Zoning Ordinance
Code. The motion was seconded by Councilmember Peirce and carried
unanimously. (5-0)
D-3 APPOINTMENT OF TWO COUNCIL MEMBERS TO AN AD -HOC
COMMITTEE TO DISCUSS THE JOINT POWERS AGREEMENT WITH
CAYUCOS SANITARY DISTRICT; (CITY ATTORNEY)
City Attorney Robert Schultz stated Councilmember DeMeritt has requested to be
removed from the Morro Bay/Cayucos Sanitary District Ad -Hoc Committee, and
recommended the City Council appoint either the Mayor or a Council Member to fill this
® vacancy.
Mayor Peters requested to be appointed to this vacancy.
13
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — JUNE 9, 2008
Councilmember DeMeritt recommended Councilmember Winholtz be appointed to this
vacancy.
Mayor Peters was appointed to fill the vacancy on the Morro Bay/Cayucos Sanitary
District Ad -Hoc Committee with a vote from Councilmember Grantham,
Councilmember Peirce and Mayor Peters.
ADJOURNMENT
The meeting adjourned at 11:05 p.m.
Recorded by:
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Bridgett Bauer
City Clerk
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E
14
E,
NOTICE OF SPECIAL MEETING
NOTICE IS HEREBY GIVEN that the Morro Bay City Council will be holding a Special
Meeting on Thursday. May 28, 2008 at 5:00 n.m. to be held in the Community Center Multi Purpose Room
located at 1001 Kennedy Way, Morro Bay, California. The City Council will be previewing the agenda for the
Morro Bay/Cayucos Sanitary District Joint Powers Authority meeting as follows:
A. CONSENT CALENDAR
1. Minutes of February 13, 2008 Meeting — Recommend approve.
2. Wastewater Treatment Plant (WWTP) Operations Report through March, 2008 — Recommend
receive and file
3. Status Report on NPDES Permit Renewal Process — Recommend receive and file
4. Update on the City of Morro Bay Space Needs Assessment for Corporate Yard and Wastewater
Treatment Plant Expansion — Recommend receive and file
Financial Status Report as of March 31, 2008
C. NEW BUSINESS
I. Award of Contract for Environmental Review Process for the WWTP Upgrade Project —
Recommend Approve
2. Proposed Budget for WWTP FY 2008-2009 — Recommend Approve
3. Invoice for 2nd Quarter FY 2008 — 2009 — Recommend Approve
® 4. Discussion of Cost Apportionment for the WWTP Upgrade Project
5. Schedule Next Joint Meeting and Agenda Items
Copies of staff reports and other public documentation relating to each item of business for this meeting
are available for inspection at Morro Bay City Hall at 595 Harbor Street and the Cayucos Sanitary
District at 200 Ash Ave. A copy of this packet is available from the City of Morro Bay for copying at
Mills Copy Center and from the Cayucos Sanitary District for a copy and duplication charge. Any
person having questions regarding any agenda items may contact Bruce Keogh, Wastewater Division
Manager (City.of Morro Bay) at 772-6261 or Bill Callahan, District Manager (Cayucos Sanitary District)
at 995-3290.
Materials related to an item on this Agenda submitted to the Morro Bay/Cayucos Wastewater Treatment
Plant Joint Powers Authority after distribution of the agenda packet are available for public inspection
at; Public Services Office at 955 Shasta Avenue, Morro Bay, CA 93442; Morro Bay Library at 625
Harbor Street, Morro Bay, Ca 93442; Mills/ASAP Reprographics at 495 Morro Bay. Boulevard, Morro
Bay, CA 93442 during normal business hours.
Dated: May 22, 2008
lwmPfidgett Bat,
® 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 27, 2008
CLOSED SESSION —MAY 27, 2008
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's Designated
Representative, for the purpose of reviewing the City's position regarding the
terms and compensation paid to its employees and giving instructions to the
Designated Representative.
CS-2 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.
IT IS NOTED THAT THE CONTENTS OF CLOSED SESSION MEETINGS
ARE CONFIDENTIAL AND EXEMPT FROM DISCLOSURE.
E
® PUBLIC SESSION — MAY 27, 2008
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 APRIL 14, 2008 CITY COUNCIL
MEETING; (ADMINISTRATION)
RECOMMENDATION: Approve as submitted.
A-2 CASH AND FINANCIAL REPORT; (FINANCE)
RECOMMENDATION: This item has been pulled from the agenda.
A-3 RESOLUTION NO. 25-08 ADOPTING THE 2008-2009 ANNUAL BUDGET;
(FINANCE)
RECOMMENDATION: Adopt Resolution No. 25-08.
A4 ORDINANCE NO. 539 AMENDING TITLE 16 OF THE MORRO BAY
MUNICIPAL CODE (SUBDIVISION ORDINANCE/TRACT 41) - SECOND
READING/ADOPTION; (PUBLIC SERVICES)
RECOMMENDATION: Approve second reading and adoption of Ordinance No.
539.
A-5 ORDINANCE NO. 540 ADDING CHAPTER 13.18 TO THE MORRO BAY
® MUNICIPAL CODE TO PROVIDE FOR THE REGULATION OF
EQUIPMENT OR FACILITIES IN RIGHTS -OF -WAY - SECOND
READING/ADOPTION; (PUBLIC SERVICES)
RECOMMENDATION: Approve second reading and adoption of Ordinance No.
540.
A-6 PROCLAMATION DECLARING JUNE 2008 AS "MAKE -A -WISH
FOUNDATION MONTH OF JOY; (ADMINISTRATION)
RECOMMENDATION: Adopt Proclamation.
B. PUBLIC HEARINGS. REPORTS & APPEARANCES
B-1 RESOLUTION NO. 23-08 APPROVING THE ENGINEERS REPORT AND
DECLARING THE CITY'S INTENTION TO LEVY THE ANNUAL
ASSESSMENT FOR THE CLOISTERS LANDSCAPING AND LIGHTING
MAINTENANCE ASSESSMENT DISTRICT; (RECREATION & PARKS) .
RECOMMENDATION: Adopt Resolution No. 23-08.
C
3
® B-2 RESOLUTION NO. 22-08 APPROVING THE ENGINEERS REPORT AND
DECLARING THE CITY'S INTENTION TO LEVY THE ANNUAL
ASSESSMENT FOR THE NORTH POINT NATURAL AREA LANDSCAPING
AND LIGHTING MAINTENANCE ASSESSMENT DISTRICT;
(RECREATION & PARKS)
RECOMMENDATION: Adopt Resolution No. 22-08.
B-3 COMMITTEE REPORT ON THE INVESTIGATION OF CONTRACTING
WITH CAL FIRE; (FIRE)
RECOMMENDATION: Discuss and direct staff accordingly.
B-4 RESOLUTION NO. 24-08 APPROVING AN EXTENSION OF THE
GARBAGE, RECYCLING AND GREENWASTE SERVICES FRANCHISE
AGREEMENT WITH MORRO BAY GARBAGE SERVICE AND
APPROVING A BASE YEAR RATE ADJUSTMENT APPLICATION
REQUESTING AN INCREASE TO SOLID WASTE COLLECTION RATES;
(ADMINISTRATION)
RECOMMENDATION: Adopt Resolution No. 24-08.
B-5 REPORT ON THE NORTH EMBARCADERO CAPITAL IMPROVEMENT
® PLAN; (HARBOR)
RECOMMENDATION: Receive presentation from RRM Design Group; and
initiate a park master planning effort based on Concept C; and, continue work
on development of a boat repair/dry storage facility based on Concept C.
B-6 PROGRESS REPORT ON UNITED STATES COAST GUARD FACILITY;
(HARBOR)
RECOMMENDATION: Receive report on previously authorized joint
USCG/Harbor Department office development, and direct staff accordingly.
C. UNFINISHED BUSINESS —NONE.
D. NEW BUSINESS
D-I DISCUSSION ON THE REMOVAL OF IN -LIEU PARKING FEES IN THE
DOWNTOWN AREA FOR FIVE YEARS; (CITY ATTORNEY)
RECOMMENDATION: Discuss and direct staff accordingly.
El
F1
® D-2 SET DATE FOR ADVISORY BOARD INTERVIEW; (ADMINISTRATION)
RECOMMENDATION: Advise staff of advertising efforts for the vacancy on the
Harbor Advisory Board, and schedule an interview date.
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.
MATERIALS RELATED TO AN ITEM ON THIS AGENDA SUBMITTED TO
THE CITY COUNCIL AFTER DISTRIBUTION OF THE AGENDA PACKET
ARE AVAILABLE FOR PUBLIC INSPECTION AT CITY HALL LOCATED AT
595 HARBOR STREET; MORRO BAY LIBRARY LOCATED AT 625 HARBOR
STREET; AND MILL'S _COPY CENTER LOCATED AT 495 MORRO BAY
BOULEVARD DURING NORMAL BUSINESS HOURS.
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.
r
5,
® MINUTES - MORRO BAY CITY COUNCIL
CLOSED SESSION — MAY 27, 2008
CITY HALL CONFERENCE ROOM - 5:00 P.M.
Mayor Peters called the meeting to order at 5:00 p.m.
PRESENT: Janice Peters Mayor
F10;13
CLOSED SESSION
Melody DeMeritt
Rick Grantham
William Peirce
Betty Winholtz
Andrea Lueker
Robert Schultz
Councilmember
Councilmember
Councilmember
Councilmember
Interim City Manager
City Attorney
MOTION: Councilmember Winholtz 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's Designated
Representative, for the purpose of reviewing the City's position regarding the
terms and compensation paid to its employees and giving instructions to the
Designated Representative.
CS-2 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.
The meeting adjourned to Closed Session at 5:00 p.m. and returned to regular session at
5:50 p.m.
MOTION: Councilmember DeMeritt moved the meeting be adjourned. The motion
was seconded by Councilmember Winholtz and unanimously carried. (5-0)
The meeting adjourned at 5:50 p.m.
El
® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING —MAY 27, 2008
VETERANS MEMORIAL HALL - 6:00 P.M.
Mayor Peters called the meeting to order at 6:15 p.m.
PRESENT: Janice Peters Mayor
Melody DeMeritt
Rick Grantham
William Peirce
Betty Winholtz
STAFF: Andrea Lueker
Robert Schultz
Bridgett Bauer
Rick Algert
Bruce Ambo
Janeen Burlingame
John DeRohan
Tim Olivas
Mike Pond
Susan Slayton
Joe Woods
LI J
ESTABLISH QUORUM AND CALL TO ORDER
MOMENT OF SILENCE
PLEDGE OF ALLEGIANCE
MAYOR'S REPORTS & ANNOUNCEMENTS
Councilmember
Councilmember
Councilmember
Councilmember
Interim City Manager
City Attorney
City Clerk
Harbor Director
Public Services Director
Management Analyst
Police Chief
Police Commander
Fire Chief
Finance Director
Interim Recreation & Parks Director
CLOSED SESSION REPORT - City Attorney Robert Schultz reported the City Council
met in Closed Session, and no reportable action under the Brown Act was taken.
PUBLIC COMMENT
Keith Taylor announced the Morro Bay Music Festival would be held Saturday, June 7`s,
which will benefit the Friends of the Police Department and Fire Department and the
Harbor Committee. He stated the Rotary Club of Morro Bay is selling rate tickets with
a grand prize of a Toyota Prius which drawing would be held at the Harbor Festival. Mr.
Taylor also encouraged citizens to vote at the Primary Election on June P.
Jonni Biaggini, Executive Director of the Visitors and Conference Bureau (VCB) stated
the City Council at its May 15, 2008 budget meeting made a decision to withdraw their
funding with the VCB. She said the City cannot afford not to participate in the VCB and
urged Council pull Item A-3 (Resolution No. 25-08 Adopting the 2008-2009 Annual
Budget) from the Consent Calendar and discuss funding with the VCB.
11
® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING —MAY 27, 2008
Claire Grantham recognized the police effort in the Morro Bay High School lock -down.
She also urged the City Council to consider public safety when approving the budget.
Ms. Grantham encouraged citizens to vote at the Primary Election.
Joey Racano stated the City Council should not have voted to approve the budget at the
last meeting, and should have spent more time reviewing it. He addressed Item B-3
(Committee Report on the Investigation of Contracting with Cal Fire) and submitted an
article to Council regarding CalFire and a timber harvest plan that has no environmental
oversight considered.
Ken Vesterfelt thanked all the agencies that participated in the Police Memorial held in
Morro Bay. He acknowledged the police effort in the Morro Bay High School lock -
down. Mr. Vesterfelt expressed support for Item D-1 (Discussion on the Removal of In -
Lieu Parking Fees in the Downtown Area for Five Years).
Pete Zotovich, Principal of Morro Bay High School, commended the efforts of the Police
Department and all public safety agencies that assisted with the high school lock -down.
® Bob Schwenoah, Dean of Students, also commended the public safety agencies of the
City.
Bill Davies requested an update on the progress of the Roundabout and Fire Station
projects. He expressed opposition to Proposition 98 and support for Proposition 99.
Jim Federman, Silverado bus line, stated the tourist industry bring money to the local
economy, and urged Council to reconsider funding with the VCB.
Joan Solu stated last year the City received full benefits with partial funding with the
VCB. She said by not participating with the VCB will limit the City of potential tourist
funding. Ms. Solu stated without the franchise fees from the power plant and lack of
fishing, tourism is critical to the economy of the City. She urged the City Council to
reconsider funding with the VCB. Ms. Solu also forwarded a letter from Stan Trap to the
Council in support of the VCB.
Roger Ewing addressed Item D-1 stating in -lieu parking fees help fund parking needs of
the City and avoid placing the costs on the citizens. He said in -lieu parking fees are for
new businesses that increase the footprint of a building, and not those that have been
established. Mr. Ewing urged Council to not change the present in -lieu parking fee
program.
3
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — MAY 27, 2008
Garry Johnson addressed the importance of the City's fishing industry and how the State
and Federal government have depleted this industry.
Nancy Castle announced Chess Live would be performing at the Harbor Festival, and
noted volunteers and participants are needed.
Noah Smukler stated funding on promotions are beneficial, and requested Council
reconsider funding with the VCB. He also said in -lieu parking fees create a barrier for
new business owners. Mr. Smukler stated reinstating a School Resource Officer should
be considered.
Lynda Merrill stated there are five baby peregrine falcons at the rock She expressed
support for Items B-1 and B-2. Ms. Merrill requested the City reconsider the sign
ordinance in reference to elections signs.
Mayor Peters closed the hearing for public comment.
Mayor Peters called for a break at 7:15 p.m.; the meeting resumed at 7:28 p.m.
® DECLARATION OF FUTURE AGENDA ITEMS
Councilmember Peirce requested to agendize a discussion on the consideration of a
Charter City; 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-1 APPROVAL OF MINUTES FOR THE APRIL 14, 2008 CITY COUNCIL
MEETING; (ADMINISTRATION)
RECOMMENDATION: Approve as submitted.
A-2 CASH AND FINANCIAL REPORT; (FINANCE)
RECOMMENDATION: This item has been pulled from the agenda.
A-3 RESOLUTION NO. 25-08 ADOPTING THE 2008-2009 ANNUAL BUDGET;
(FINANCE)
9 RECOMMENDATION: Adopt Resolution No. 25-08.
4
® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING —MAY 27, 2008
A4 ORDINANCE NO. 539 AMENDING TITLE 16 OF THE MORRO BAY
MUNICIPAL CODE (SUBDIVISION ORDINANCE/TRACT 41) - SECOND
READING/ADOPTION; (PUBLIC SERVICES)
RECOMMENDATION: Approve second reading and adoption of Ordinance No.
539.
A-5 ORDINANCE NO. 540 ADDING CHAPTER 13.18 TO THE MORRO BAY
MUNICIPAL CODE TO PROVIDE FOR THE REGULATION OF
EQUIPMENT OR FACILITIES IN RIGHTS -OF -WAY - SECOND
READING/ADOPTION; (PUBLIC SERVICES)
RECOMMENDATION: Approve second reading and adoption of Ordinance No.
540.
A-6 PROCLAMATION DECLARING JUNE 2008 AS "MAKE -A -WISH
FOUNDATION MONTH OF JOY; (ADMINISTRATION)
® RECOMMENDATION: Adopt Proclamation.
Councilmember DeMeritt pulled Item A-1 from the Consent Calendar; Councilmember
Winholtz pulled Items A-3 and A-5; and Mayor Peters pulled Item A-6.
MOTION: Councilmember DeMeritt moved the City Council approve Items A-2 and
A-4 of the Consent Calendar. The motion was seconded by
Councilmember Grantham and carried unanimously. (5-0)
A-1 APPROVAL OF MINUTES FOR THE APRIL 14, 2008 CITY COUNCIL
MEETING; (ADMINISTRATION)
Councilmember DeMeritt made the following amendment to the minutes of the April 14,
2008 City Council meeting: "One of their goals is to erect a memorial in the Ncieinity e€
side, near the harbor entrance dedicated to "those who wait".
Councilmember Peirce also pointed out that the motion on this item has him making the
motion and seconding it, and asked that be corrected.
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)
5
® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — MAY 27, 2008
A-3 RESOLUTION NO. 25-08 ADOPTING THE 2008-2009 ANNUAL BUDGET;
(FINANCE)
Councilmember Winholtz requested clarification on the proposed budget. She also noted
the public comment in support of funding VCB and asked for Council's input on this
issue.
Councilmember DeMeritt stated she is reconsidering funding for the VCB. She said she
discussed funding with the Finance Director who said the funds could come out of cash
reserves; investigate the transient occupancy tax at the end of the fiscal year, and if it
shows an increase of $32,000, those funds would be reimbursed to the cash reserves.
Councilmember Grantham and Councilmember Peirce stated they would not be changing
their position on their previous vote to not support funding for the VCB.
MOTION: Councilmember DeMeritt moved the City Council direct the Finance
Director and Interim City Manager to contract with the Visitors and
Conference Bureau for $32,000, which funds are to be taken from the cash
® reserve fund; investigate the transient occupancy tax at the end of the
fiscal year and if it shows an increase of $32,000, those funds would be
reimbursed to the cash reserve fund. The motion was seconded by
Councilmember Winholtz.
l
Mayor Peters stated she could support this motion if the $10,000 funded to the
Community Promotions Committee would not be removed from their fund.
VOTE: The motion carried with Councilmember Grantham and
Councilmember Peirce voting no. (3-2)
MOTION: Councilmember DeMeritt moved the City Council approve Item A-3 of
the Consent Calendar with the amendment of funding for the Visitors and
Conference Bureau. The motion was seconded by Mayor Peters and
carried with Councilmember Grantham and Councilmember Winholtz
voting no. (3-2)
R
® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — MAY 27, 2008
A-5 ORDINANCE NO. 540 ADDING CHAPTER 13.18 TO THE MORRO BAY
MUNICIPAL CODE TO PROVIDE FOR THE REGULATION OF
EQUIPMENT OR FACILITIES IN RIGHTS -OF -WAY - SECOND
READING/ADOPTION; (PUBLIC SERVICES)
Councilmember Winholtz requested to amend the last sentence of Section B of Ordinance
No. 540 as follows: "Any public or private property and any public rights -of -way shall be
restored to the satisfaction of the owner thereof or to its original condition existing before
the occurrence of any disturbance or damage e- to a eenditien that does net eeFMiW`e
threat to she general1.....h safety, .. welfare e f the publie a safe cenditien e f prepefty "
MOTION: Councilmember Winholtz moved the City Council approve Item A-5 of
the Consent Calendar as amended. The motion was seconded by
Councilmember DeMeritt and carried unanimously. (5-0)
A-6 PROCLAMATION DECLARING JUNE 2008 AS "MAKE -A -WISH
FOUNDATION MONTH OF JOY; (ADMINISTRATION)
® Mayor Peters pulled this item to make a presentation.
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)
B. PUBLIC HEARINGS. REPORTS & APPEARANCES
B-1 RESOLUTION NO. 23-08 APPROVING THE ENGINEERS REPORT AND
DECLARING THE CITY'S INTENTION TO LEVY THE ANNUAL
ASSESSMENT FOR THE CLOISTERS LANDSCAPING AND LIGHTING
MAINTENANCE ASSESSMENT DISTRICT; (RECREATION & PARKS)
Interim City Manager Andrea Lueker stated on April 28, 2008, the City Council adopted
Resolution No. 19-08, which initiated the proceedings to levy the annual assessment to
fund the maintenance of the Cloisters Park an Open Space. Staff was directed to have an
Engineers Report prepared, detailing the estimated annual assessment for the parcel
owners for fiscal year 2008/09. Upon adoption of Resolution No. 23-08, 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. 23-08 declaring the intent to levy
the annual assessment for the maintenance of the Cloisters Park and Open Space and
® approving the Engineers Report.
7
® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING —MAY 27, 2008
Mayor Peters opened the hearing for public comment; there were no comments, and Mayor
Peters closed the public comment hearing.
MOTION: Councilmember Winholtz moved the City Council adopt Resolution No.
23-08 declaring the intent to levy the annual assessment for the
maintenance of the Cloisters Park and Open Space and approving the
Engineers Report. The motion was seconded by Councilmember Peirce
and carried unanimously. (5-0)
B-2 RESOLUTION NO. 22-08 APPROVING THE ENGINEERS REPORT AND
DECLARING THE CITY'S INTENTION TO LEVY THE ANNUAL
ASSESSMENT FOR THE NORTH POINT NATURAL AREA LANDSCAPING
AND LIGHTING MAINTENANCE ASSESSMENT DISTRICT;
(RECREATION & PARKS)
Interim City Manager Andrea Lueker stated on April 28, 2008, the City Council adopted
Resolution No. 20-08, which initiated the proceedings to levy the annual assessment to
® fund the maintenance of the North Point Natural Area. Staff was directed to have an
Engineers Report prepared, detailing the estimated annual assessment for the parcel
owners for fiscal year 2008/09. Upon adoption of Resolution No. 22-08, 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. 22-08 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 were no comments, and Mayor
Peters closed the public comment hearing.
Councilmember Winholtz asked for amendments
MOTION: Councilmember Grantham moved the City Council adopt Resolution No.
22-08 declaring the intent to levy the annual assessment for the
maintenance of the North Point Natural Area and approving the Engineers
Report. The motion was seconded by Councilmember Winholtz and
carried unanimously. (5-0)
ri
® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — MAY 27, 2008
B-3 COMMITTEE REPORT ON THE INVESTIGATION OF CONTRACTING
WITH CAL FIRE; (FIRE)
Fire Engineer Bill Murphy presented a report from the Cal Fire Ad -Hoc Committee. The
Cal Fire Advisory Committee has been meeting since December 2007. The Committee
established goals, confirmed desired service levels, and identified issues related to
contracting for fire and emergency services. The Committee only considered options
providing an increase to four firefighter constant staffing as recommended by the Morro
Bay Fire Department five-year strategic plan, the Emergency Services Ad -Hoc
Committee, and preferred by the City Council in a motion dated May 24, 2004.
Committee findings indicate the City could receive some initial savings with a Cal Fire
contract and that this contract would provide an opportunity for potential future savings
while providing the desired staff with a comparable level of service. Mr. Murphy stated
the Committee believes further investigation into contracting fire and emergency services
with Cal Fire has merit. The Committee recommends the City Council consider the
information provided from this report; conduct a workshop, including the Cal Fire
Advisory Committee to educate the public and gather feedback; and, hold a public
hearing and discuss entering into formal negotiations with Cal Fire.
® Mayor Peters opened the hearing for public comment.
George Rees, representing the Morro Bay Firefighters Association, stated the Association
would like the City Council to move forward with their support in acquiring a Cal Fire
contract for services. He said in recent years there has been a threat of a loss of jobs and
the their future uncertain due to the financial forecast. Captain Rees stated Cal Fire is
one option to maintain the Fire Department's current level of service for reduced costs
and avoid potential layoffs.
Noah Smukler stated although local control and accountability is important, it is more
important to consider emergency response capabilities. He said a community workshop
would be helpful in order to receive feedback from the community and discuss ways of
bringing in further revenue for the Fire Department for the services they offer.
Ken Vesterfelt stated it is important for citizens to have first hand knowledge by
participating in a workshop regarding the City's emergency services.
Jim Nance stated San Luis Ambulance seems to be the first to arrive on the scene when
there is an emergency in the City. He said the workshop would be important for
community participation.
® Keith Taylor stated the City should consider its own ambulance service.
E
® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — MAY 27, 2008
Mayor Peters closed the public comment hearing.
Councilmember DeMeritt stated the next step would be to inform the community of the
workshop. She said it would require a commitment for the City to communicate what the
implications could be if contracting with Cal Fire.
Councilmember Grantham stated he would not support anything that would delay
emergency services to the community. He said the City should see the proposal made by
Cal Fire before making a decision.
Councilmember Peirce stated the educational process should be pursued and any decision
would require a lot of information on the services offered by Cal Fire.
Councilmember Winholtz stated she has concerns with the proposal; however, a
workshop should be held for community input.
Mayor Peters stated it is important to hold a workshop in order to educate the community
® and receive input on Cal Fire services.
MOTION: Councilmember Winholtz moved the City Council hold a public workshop
in July 2008 noticing the community on the options of contracting with Cal
Fire as an alternative with comparative information on what the cost is
currently at the 3-level and/or 4-level staffing; noticing shall be done
through the water bills and/or a notice shall go directly to the citizen's
house. The motion was seconded by Councilmember DeMeritt and carried
unanimously. (5-0)
B4 RESOLUTION NO. 24-08 APPROVING AN EXTENSION OF THE
GARBAGE, RECYCLING AND GREENWASTE SERVICES FRANCHISE
AGREEMENT WITH MORRO BAY GARBAGE SERVICE AND
APPROVING A BASE YEAR RATE ADJUSTMENT APPLICATION
REQUESTING AN INCREASE TO SOLID WASTE COLLECTION RATES;
(ADMINISTRATION)
Management Analyst Janeen Burlingame stated the City Council adopted Resolution No.
48-01 approving the Garbage, Recycling and Greenwaste Franchise Agreement for
collection service effective January 1, 2002 and setting the initial rates for collection for
residential and commercial customers. This agreement is to expire December 31, 2008
and includes a provision to extend the agreement for an additional 36 months at the sole
option of the City. All provisions of the current agreement remain in effect during any
10
® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — MAY 27, 2008
extension of the franchise agreement. Ms. Burlingame stated staff and the Public Works
Advisory Board recommend the City Council. adopt Resolution No. 24-08, which
approves a 15-year extension of the current Garbage, Recycling and Greenwaste Services
Franchise Agreement, including the addition of two amendments to the agreement
pertaining to green waste deliveries to the Wastewater Treatment Plant and an annual CPI
adjustment to the Recycling Development Program and Administration fee; and,
approves the Morro Bay Garbage Service's Base Year Rate Adjustment Application and
resulting rate schedule.
Mayor Peters opened the hearing for public comment.
Jim Nance stated the Garbage Company's contract provides no incentive for those who
produce less waste or recycled materials. He said a 15-year contract is too long and stops
the City from having any leverage or control over the Garbage Company's services and
rates. Mr. Nance stated the City should purchase a chipper and cut out the middleman
for providing Greenwaste to the sewer plant.
Lynda Merrill expressed support for a job well done by the Garbage Company and for the
City Council to approve the 15-year contract.
Mayor Peters closed the public comment hearing.
Consensus of the City Council was in support of approving a 15-year extension of the
current Garbage, Recycling and Greenwaste Services Franchise Agreement.
Councilmember Winholtz stated she would like Council to consider placing the franchise
fee from the Garbage Company into the street fund.
MOTION: Councilmember Grantham moved the City Council adopt Resolution No.
24-08 approving an extension of the Garbage, Recycling and Greenwaste
Services Franchise Agreement with Morro Bay Garbage Service, and
approving a Base Year Rate Adjustment Application requesting an
increase to solid waste collection rates. The motion was seconded by
Councilmember DeMeritt and carried unanimously. (5-0)
Mayor Peters called for a break at 9:10 p.m.; the meeting resumed at 9:17 p.m.
l
11
® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — MAY 27, 2008
B-5 REPORT ON THE NORTH EMBARCADERO CAPITAL IMPROVEMENT
PLAN; (HARBOR)
Harbor Director Rick Algert stated since the, late 1990's the City has had an approved
project for conceptual development of a boat repair/dry storage facility in the area north
of the Morro Bay Power Plant intake structure and on the east side of Embarcadero Road.
During permitting of the City's Harborwalk Project the California Coastal Commission
designated much of the property that the City visualized for this use as Environmentally
Sensitive Habitat. The City did not concur with the Coastal Commission's ESH
determination, but that action in the Harborwalk permit put the City on notice that it
would be very difficult to develop some or all of the land that was needed for a boat
repair/dry storage facility. During construction of the Harborwalk project it also became
clear that the Coleman Park area would be in need of some additional planning effort to
determine if and how that area should be further improved. In September 2007, the City
Council approved allocating some existing Park Master Planning funds and some existing
Harbor "Boating Access Facility Plan" capital project monies on a joint planning effort
for the North Embarcadero area. Staff hired RRM Design to do the work and in
® December 2007 a joint Harbor Advisory Board/Recreation and Parks Commission
workshop was held. At their March 2008 meeting, the Recreation and Parks Commission
voted unanimously to recommend the City Council support Concept C (attached to the
staff report) for future planning purposes. Additionally, the Concept would provide for
sensible recreation elements and preserve the area's natural beauty. Mr. Algert
recommended the City Council initiate a Park Master Planning effort for the area based
on Concept C; and, continue work on development of a boat repair/dry storage facility
based on Concept C.
The City Council received a presentation on the concepts being presented for the
Coleman Drive/Morro Rock Planning Area from Mike Sherrod of RRM Design.
Mayor Peters opened the hearing for public comment; there were no comments, and Mayor
Peters closed the public comment hearing.
Councilmember DeMeritt stated funding should go towards projects that have been
previously considered by Council but have not been funded yet.
Councilmember Grantham stated Concept C is the preferred plan and should be
submitted to the Coastal Commission for consideration.
Councilmember Winholtz stated she does not want to spend staff time on a project that
has not been funded. She said she is concerned with the Target Rock area, and would
® like to maintain its natural landscape.
12
® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — MAY 27, 2008
Councilmember Peirce stated the proposed plan supports the marine -related industry. He
said boat storage for visitors to store their boats would be a profitable use.
Mayor Peters stated this proposal is a long-term goal and should continue to be pursued
as time and money allows.
MOTION: Councilmember Grantham moved the City Council initiate a park master
planning effort for the area based on Concept C; and, continue work on
development of a boat repair/dry storage facility based on Concept C. The
motion was seconded by Councilmember Peirce.
Councilmember Winholtz stated going forward with this plan is premature without the
resources to follow through, and it should wait until the Council does its 5-10 year
planning and see what the priority is for this plan.
Councilmember DeMeritt stated this should wait until the goal setting workshop and
discover the priority for this plan. She said Coleman Park could be a community project.
® Mayor Peters stated there are no General Funds being used for this plan and it should
move forward.
VOTE: The motion carried with Councilmember DeMeritt and
Councilmember Winholtz voting no. (3-2)
B-6 PROGRESS REPORT ON UNITED STATES COAST GUARD FACILITY;
(HARBOR)
Harbor Director Rick Algert stated for many years the City has been attempting to satisfy
future officelfacility requirements for the United States Coast Guard (USCG) by
developing a joint office project in the area of the current Harbor Department and USCG
offices. The City has proceeded with plans for an interim modular office on the site of
the existing Harbor Department office and is attempting to provide USCG some limited
additional outside storage space in this building. The North Embarcadero Capital
Improvement Plan includes designation of a conceptual site for future freestanding
USCG or Harbor Department office north of the Morro Bay Power Plant intake structure.
Mr. Algert recommended the City Council receive this report and direct staff accordingly.
Mayor Peters opened the hearing for public comment; there were no comments, and
Mayor Peters closed the public comment hearing.
0 The City Council received this report for information; no action was taken.
13
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — MAY 27, 2008
C. UNFINISHED BUSINESS — NONE.
D. NEW BUSINESS
D-1 DISCUSSION ON THE REMOVAL OF IN -LIEU PARKING FEES IN THE
DOWNTOWN AREA FOR FIVE YEARS; (CITY ATTORNEY)
City Attorney Robert Schultz stated the City's Parking In -Lieu Fund was established in
1988 to provide increased business opportunities along the community's waterfront.
Rather than providing on -site parking, owners were allowed the option to pay the City a
fee in the amount of $4,000 per required on -site parking space, thereby increasing the
area available for business development. Monies accumulated in the fund are to be used
solely for the purpose of improving public parking availability, as the Municipal Code
specifically states that Parking In -Lieu fees shall be used for planning, design, acquisition
or lease of land and development/redevelopment of public parking facilities. Mr. Schultz
recommended the City Council receive this report and direct staff accordingly.
Mayor Peters stated she brought this issue forward for Council discussion in order to
assist the downtown area and in hopes of bringing new businesses to this area of the City.
Councilmember Grantham referred to the new commercial building on the comer of
Shasta and Morro Bay Boulevard and stated a moratorium could be a loss of $165,000 in
parking in -lieu fees.
Councilmember DeMeritt stated she would support this proposal for existing buildings
with a change in use, shared and grandfathered parking, and would consider reducing the
fee for three years.
Councilmember Peirce stated the he would support suspending in -lieu parking fees for a
three-year period in the downtown area.
Councilmember Winholtz stated she supports a moratorium for a limited period of time
that would affect a change of use in square footage.
Mr. Schultz stated he would return to Council with a resolution based on their comments,
and agendize as a public hearing.
No further action was taken on this item.
14
11
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — MAY 27, 2008
D-2 SET DATE FOR ADVISORY BOARD INTERVIEW; (ADMINISTRATION)
The City Council scheduled interviews for the Harbor Advisory Board vacancy prior to
their regular meeting on June 23, 2008.
No further action was taken on this item.
ADJOURNMENT
The meeting adjourned at 10:52 p.m.
Recorded by:
�'
Bridgett Bauer
City Clerk
15
l
City of Morro Bay
Morro Bay, CA 93442
(805) 772-6200
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 Friday. May 23, 2008 at 8:00 a.m.
to be held in the City Hall Conference Room located at 595 Harbor Street, Morro
Bay, California. The City Council will be discussing the following:
GOVERNMENT CODE SECTION 54957; PERSONNEL ISSUES:
Discussions regarding Personnel Issues including one (1) public employee
regarding appointment, specifically the City Manager.
DATED: May 22, 2008
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
595 Harbor Street 595 Harbor Street
HARBOR DEPT.
1275 Embarcadero Road
CITY ATTORNEY
.955 Shasta Avenue
FIRE DEPT. PUBLIC SERVICES
715 Harbor Street 955 Shasta Avenue
POLICE DEPT. RECREATION & PARKS
970 Morro Bav Boulevard 1001 Kennedv Wav
® City of Morro Bay
City Council Agenda
Mission Statement
The City of Morro Bay is dedicated to the preservation and enhancement of the quality
of life. The City shall be committed to this purpose and will provide a level of
municipal service and safety consistent with and responsive to the needs of the public.
SPECIAL CLOSED SESSION —MAY 20, 2008
CITY HALL CONFERENCE ROOM - 8:00 A.M.
595 HARBOR ST., MORRO BAY, CA
CS-1 GOVERNMENT CODE SECTION 54957: PERSONNEL ISSUES.
Discussions regarding Personnel Issues including one (1) public employee
® regarding appointment, specifically the City Manager.
IT IS NOTED THAT THE CONTENTS OF CLOSED SESSION MEETINGS
ARE CONFIDENTIAL AND EXEMPT FROM DISCLOSURE.
u
0
E
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 15, 2008 at 6:00 p.m.
and will be held in the Veterans Memorial Building located at 209 Surf
Street, Morro Bay, California. The City Council will be reviewing the
Proposed Budget for Fiscal Year 2008-2009; and, Assessment of City
Organization and Financial Options Report.
The City Council will adjourn to a Closed Session meeting, which
will be held in City Hall located at 595 Harbor Street, Morro Bay,
California. The City Council will be discussing:
GOVERNMENT CODE SECTION 54957: PERSONNEL
ISSUES. Discussions regarding Personnel Issues including one (1)
public employee regarding appointment, specifically the City
Manager.
DATED: May 12, 2008
p�Q-)�
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
MEETING.
M
n
LJ
MINUTES - MORRO BAY CITY COUNCIL
BUDGET HEARING MEETING —MAY 15, 2008
VETERANS MEMORIAL HALL - 6:00 P.M.
Mayor Peters called the meeting to order at 6:05 p.m.
PRESENT: Janice Peters Mayor
STAFF:
Melody DeMeritt
Rick Grantham
William Peirce
Betty Winholtz
Andrea Lueker
Susan Slayton
Robert Schultz
ESTABLISH QUORUM AND CALL TO ORDER
PLEDGE OF ALLEGIANCE
EXPLANATION OF AGENDA
Councilmember
Councilmember
Councilmember
Councilmember
Interim City Manager
Finance Director
City Attorney
PRESENTATION BY MANAGEMENT PARTNERS
Andy Belknap presented Council with a power point presentation reflecting the outcome
of their study entitled "Assessment of City Organization and Financial Options". Mr.
Belknap wanted to stress the fact that the City was not in crisis but that we are definitely
in a situation that calls for our immediate attention. The ultimate goal of Management
Partners is that after tonight's meeting, the City would put together study sessions to take
this plan "and make it our plan" for possible implementation of some items as soon as the
O8/09 fiscal year. It is a given that there will be some recommendations that will not be a
City priority but the bottom line is that Morro Bay will need to invest in economic
development and planning in the very near future.
Questions by council were taken and addressed by Mr. Belknap
PUBLIC COMMENT
Peter Candela, Chamber of Commerce Executive Director appreciated the presentation
given by Mr. Belknap but stated he had some problems with the selection of the
benchmark cities. He thinks we need to use the report as a discussion tool. As a point of
clarification, the city's funding goes directly to the visitor center, not the chamber, and if
there is a deficit, the chamber then picks up the difference. He also felt that there was an
abundance of documentation reflecting the positive impact that promotion has on the
general fund of the city. He feels that their efforts are making a difference and that
currently they have a lot of momentum going in their favor.
® Jim Phillips, Morro Bay resident and member of the Morro Bay Harbor Advisory Board
thinks that the report commits some errors of omission. It doesn't focus on the Harbor
Department's staff accomplishments over decades of time and instead focuses on the
shortcomings. It also under represents the multi facetedness of the Harbor Department by
saying the duties can be done by another entity. Simply, it doesn't reflect the positive
side of what the Harbor Department actually represents.
Jack Barrett, Morro Bay resident read the report thoroughly and thinks it represents a lot
of good ideas but also a lot of bad ones. He thinks that increasing the TOT tax over what
the county charges is a bad idea — he has been told on good authority that people won't
stay in Morro Bay if the tax goes up. He thinks that raising taxes in any form (with few
exceptions) is a hard thing in these economic times. He also feels that any chamber
funding cuts would be a suicide move.
Jeremiah O'Brien, Morro Bay resident thanked Management Partners for their
presentation as it was much easier to listen to than to read. He also can't say enough
positive things about our Harbor Department. He has traveled to every harbor on the
west coast and by far, our harbor department is the best. Also didn't feel it was fair to
compare us to a marina — a marina is completely different than a harbor department (ie:
like comparing General Motors to "Sam's Used Car Lot").
Roger Ewing, Morro Bay resident applauded the report. He would like to suggest having
® a town meeting/workshop inviting the public to help in the decision making process. He
also feels that we are "off the beaten track" which he sees as a positive — it's what makes
us unique. He feels we shouldn't strive to be like other communities — we have our own
charm.
Ken Vesterfelt, Morro Bay resident feels that non-profit organizations have great
difficulty in paying fees charged for events. He feels that these events bring in much
needed money to the community and yet are still being charged — for example the car
show brought as much as $500,000 into the community. He would like to see those city
charged fees taken out of the money (ie: increased TOT or sales tax) brought into the
city. It would be in the spirit of cooperation of those groups working hard to bring people
into the town.
Stuart McElhinney, local attorney and on the Board of Directors of the Chamber of
Commerce agreed with Management Partners in that this report is "food for thought" and
that the city needs to take the report and make it their own. He was also concerned with
the fact that the only people interviewed were city staff; no other stake holders and feels
it was important to have included them.
Barbara Osborn, Morro Bay resident feels the city should establish a budget advisory
committee of those with a vested interest. She feels the more people at the table, the
® better.
2
® Dorothy Cutter, Morro Bay resident questioned what the information at the end of the
report was.
Lynda Merrill, Morro Bay resident is very sympathetic to the Recreation & Parks
Department and gets extremely nervous when programs are attacked and told they need
to recoup 100% of their costs. Many/most of these programs are geared towards children
and seniors. The Recreation & Parks Department is part of who we are and what we are
proud of. She questioned the budget status regarding employee increases — worried that
even though the budget is balanced, it is balanced with no salary increases. Finally, she
would like to see an accounting of the Sl50,000 that the Chamber is allocated and
spends.
Noah Smuckler, Morro Bay resident felt that one of the most exciting components of the
reports is how we are going into the future. He feels that we are unique to the whole
coast of California. He feels it's important to take our time, be careful with our
decisions, that maybe its time to tighten our belts as much as possible and to utilize our
community brain trust (citizens, non -profits, business owners, etc...) as well as conduct a
town hall meeting with participation from residents.
Pearl Munach, an active member of the all volunteer county -wide Transitional Food and
Shelter organization. They provide temporary emergency shelter for residents of Morro
Bay who qualify. They are the only organization that provides this particular service.
® They are hoping for inclusion in the Aid to Agencies funding priority list.
Mayor Peters closed the hearing for public comment at 725pm.
Andy Belknap followed up with the following answers/statements based on the
information requested in Public Comment:
>Heard good discussion of community priorities
>Felt that the comments made regarding the Harbor Department were legitimate
criticism but wanted to stress that this report was about organizational improvement
>TOT — maybe it is better for the county to move as a group but also stresses that
the services provided here in Morro By are far better than the county provides
>Agrees that this is a difficult time to think about raising taxes but revenues have
to be part of this discussion
>Encourages any/all input regarding additional benchmark cities they can
investigate
>Regarding the lack of community input — didn't feel the community input was a
part of the scope of the work — a compromise was made not to include them when the
cost of the project was scaled back
>The information gleaned from the Focus Groups were not recommendations —
just thoughts; they shouldn't be given too much input
>Budget Advisory Committees can be very good and successful tools to use
3
® Council followed this up with comments of their own:
>Councilmember DeMeritt thought is was odd to suggest both cutting the
promotions budgets while at the same time attempting to increase the TOT
CONTINUED DISCUSSION — 2008/09 BUDGET
The following thoughts came up regarding the 08/09 budget:
>Councilmember DeMeritt wanted to look at taking monies out of the
accumulation funds
>Mayor Peters says council has received a petition regarding the Dial a Ride
lunch rider program — they are concerned that the seniors will have a difficult time
getting to the senior center for lunch with only 1 driver during those hours
>Councilmember Grantham would like to see us revisit the budget in September
after the summer months to see how our TOT and sales tax did with the intent of funding
worthwhile Aid to Agency programs
MOTION: Councilmember Peirce moved the City Council take 510,000 from the
VCB line item and put it towards Community Promotions and adopt the
® budget as presented. The motion was seconded by Councilmember
Grantham and failed with Mayor Peters and Councilmembers DeMeritt
and Winholtz voting no (2-3).
Council then discussed the disbursement of Measure Q funds. S 125,000 of those monies
have already been allocated leaving approximately $500,600 remaining.
Councilmember Grantham: $100,600 to Storm Drains
5100,000 to Street Maintenance
$25,000 to Police equipment replacement fund
$25,000 to Police for state shortcomings
S250,000 to Fire (no staff)
Councilmember DeMeritt: 5148,600 to Storm Drains
$100,000 to Streets
$252,000 to Fire to augment staffing
and is willing to compromise to:
$123,600 to Storm Drains
S100,000 to Streets
S25,000 to Police
5252,000 to Fire to augment staffing
® Councilmember Winholtz: 583,000 to Storm Drains
$150,000 to Streets
2
$17,000 to Dial -a -Ride lunch program
® $200,000 to Fire (no staff)
$50,000 to Police
Councilmember Peirce: $50,000 to Police
$250,000 to Fire
$100,300 to Streets
$100,300 to Storms Drains
Mayor Peters: $150,000 to Fire (no staff)
$150,000 to Police
$100,000 to Streets
$100,000 to Storm Drains
MOTION: Mayor Peters moved the City Council allocate the Measure Q monies as
follows: $100,000 to Streets; $250,000 to Fire (station — no
staffing); $50,000 to Police; $100,600 to Storm Drains. The motion was
seconded by Councilmember Grantham and passed with Councilmember
DeMeritt voting no (4-1).
The next discussion centered on the Promotions budget.
® Councilmember Peirce would like to see the $10,000 allocated for the
VCB and transfer it to our own Community Promotions Committee so that
they take less of a hit.
E
Councilmember Grantham totally agrees as he feels we will get more bang
for our buck.
Councilmember DeMeritt concurred.
Councilmember Winholtz suggested taking $20,000 out of Police's
current fiscal year general fund budget and fully funding the VCB.
Mayor Peters agreed that we should move the $10,000 out of the VCB and
fund our own promotion group.
MOTION: Councilmember Peirce moved the City Council take $10,000 from the
VCB line item and allocate it to the Community Promotions Committee.
The motion was seconded by Councilmember Grantham and passed
unanimously (5-0).
Discussion was held on various other line items with no motions made but with
discussions on the following:
5
® >Councilmember Winholtz requested information on the additional monies
requested for the desalination tanks which was provided by Senior Civil Engineer Dylan
Wade
>Councilmember Winholtz also expressed some concern regarding the Nutmeg
Tanks. Council commissioned a study and she would prefer not to approve the money
for this study until we get the results back and have a project. Senior Civil Engineer
Dylan Wade was fine with leaving the money in the enterprise fund reserves until needed
and then requesting the monies be transferred into the capital projects fund at that time.
Council had the necessary consensus to leave the money in the enterprise fund.
>Mayor Peters asked for approval of the allocation of the Fundraiser Folly
monies; council agreed with the allocations.
>Councilmember DeMeritt would like to see additional language added to the
Resolution adopting this year's budget from the last bullet of the Finance Director, Susan
Slayton's power point presentation reaffirming the City's need to take action in the future
to improve the City's financial outlook. Also included in the resolution is to be that
Council will be taking action in the restructuring, locating and reviewing of our current
service levels
MOTION: Councilmember Grantham moved the City Council approve the annual
budget for the fiscal year 2008/09 with discussed changes and approved
allocations. The motion was seconded by Councilmember DeMeritt and
passed with Councilmember Winholtz voting no (4-1).
ADJOURNMENT
The meeting adjourned at 9:00 p.m.
Recorded by:
Jamie Boucher
Deputy City Clerk
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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 — MAY 12, 2008
CLOSED SESSION —MAY 12, 2008
CITY HALL CONFERENCE ROOM - 4:00 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 three (3) parcels.
® • Property: Embarcadero/Market.
Negotiating Parties: Potential Buyers and City of Morro Bay.
Negotiations: Voluntary Purchase and Sale.
Property: Morro Bay Dunes.
Negotiating Parties: Doug Claassen and City of Morro Bay.
Negotiations: Lease Terms and Conditions.
Property: 911 Morro Bay Boulevard
Negotiating Parties: Stewart Petroleum and City of Morro Bay:
Negotiations: Acquisition of Right -of -Way
CS-2 GOVERNMENT CODE SECTION 54957: PERSONNEL ISSUES.
Discussions regarding Personnel Issues including one (1) public employee
regarding appointment, specifically the City Manager.
CS-3 GOVERNMENT CODE SECTION 54957: PERSONNEL ISSUES.
Discussions regarding Personnel Issues including one (1) public employee
regarding evaluation, specifically the Interim City Manager.
CS-4 GOVERNMENT CODE SECTION 54957: PERSONNEL ISSUES.
® Discussions regarding Personnel Issues regarding organizational assessment of
City personnel.
® CS-5 GOVERNMENT CODE SECTION 54957.6: CONFERENCE WITH
LABOR NEGOTIATOR: Conference with City Manager, the City's Designated
Representative, for the purpose of reviewing the City's position regarding the
terms and compensation paid to the City Employees and giving instructions to the
Designated Representative.
IT IS NOTED THAT THE CONTENTS OF CLOSED SESSION MEETINGS
ARE CONFIDENTIAL AND EXEMPT FROM DISCLOSURE.
0
® PUBLIC SESSION — MAY 12, 2008
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 APRIL 28, 2008 CITY COUNCIL
MEETING; (ADMINISTRATION)
RECOMMENDATION: Approve as submitted.
A-2 APPROVAL OF AMENDMENT TO MANAGEMENT EMPLOYEE
MEMORANDUM OF UNDERSTANDING; (ADMINISTRATION)
RECOMMENDATION: Approve the amendment to the Management Employee
Unit's Memorandum of Understanding.
A-3 APPROVAL OF PILOT MORRO BAY DIAL -A -RIDE AND TROLLEY
SUMMER YOUTH PASS; (ADMINISTRATION)
RECOMMENDATION: Approve a pilot Morro Bay Dial -A -Ride and Trolley
Summer Youth Pass.
A4 ORDINANCE NO. 538 AMENDING SECTION 14.60.200 OF THE MORRO
BAY MUNICIPAL CODE REGULATING AUTOMATIC FIRE SPRINKLER
SYSTEMS — SECOND READING/ADOPTION; (FIRE)
RECOMMENDATION: Adopt Ordinance No. 538.
® A-5 PROCLAMATION DECLARING NATIONAL TOURISM WEEK;
(ADMINISTRATION)
RECOMMENDATION: Adopt Proclamation.
A-6 PROCLAMATION DECLARING NATIONAL POLICE MEMORIAL WEEK;
(ADMINISTRATION)
RECOMMENDATION: Adopt Proclamation.
A-7 PROCLAMATION DECLARING MAY 2008 AS BIKE MONTH;
(ADMINISTRATION)
RECOMMENDATION: Adopt Proclamation.
B. PUBLIC HEARINGS. REPORTS & APPEARANCES
B-I ORDINANCE NO. 539 AMENDING TITLE 16 OF THE MORRO BAY
MUNICIPAL CODE (SUBDIVISION ORDINANCE/TRACT 41) - FIRST
READING/INTRODUCTION; (PUBLIC SERVICES)
RECOMMENDATION: Approve first reading and introduction of Ordinance
® No. 539.
4
® B-2 CONCEPT PLAN APPROVAL FOR WORKFORCE HOUSE PROJECT
LOCATED AT 1405 TERESA DRIVE; (PUBLIC SERVICES)
RECOMMENDATION: Approve the Concept Plan for the development
proposed at 1405 Teresa Drive.
B-3 ORDINANCE NO. 540 ADDING CHAPTER 13.18 TO THE MORRO BAY
MUNICIPAL CODE TO PROVIDE FOR THE REGULATION OF
EQUIPMENT OR FACILITIES IN RIGHTS -OF -WAY: FIRST READING/
INTRODUCTION; (CITY ATTORNEY)
RECOMMENDATION: Approve first reading and introduction of Ordinance
No. 540.
C. UNFINISHED BUSINESS
C-1 REVIEW OF PHASE II OF THE CONCEPT PLAN APPROVAL OF GREAT
AMERICAN FISH COMPANY/HARBOR HUT/VIRG'S FISHING PROJECT
LOCATED AT 1185-1215 EMBARCADERO; (PUBLIC SERVICES)
RECOMMENDATION: Approve Phase H of the Concept Plan for the
® development proposed at 1185-1215 Embarcadero Road.
D. NEW BUSINESS
D-1 RESOLUTION NO. 21-08 INITIATING THE PROCESS TO CONSIDER
ABANDONMENT OF A PORTION OF PALM AVENUE; (PUBLIC
SERVICES)
RECOMMENDATION: Adopt Resolution No. 21-08.
D-2 REVIEW OF REQUEST FOR PROPOSAL FOR MARKET STREET/
EMBARCADERO PROPERTY SITE; (PUBLIC SERVICES)
RECOMMENDATION: Direct staff to solicit the Request for Proposals for a
Hotel and Optional Conference Facility and return with recommendations
for entering into an Exclusive Negotiation Agreement with a prospective
developer.
D-3 CONCEPT OF CREATING AN AD -HOC COMMITTEE TO DETERMINE
WHAT NON -TOURIST INDUSTRIES IS APPROPRIATE FOR THE CITY
AND HOW TO BRING THEM TO MORRO BAY; (COUNCIL)
RECOMMENDATION: Discuss and direct staff accordingly.
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5
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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.
MATERIALS RELATED TO AN ITEM ON THIS AGENDA SUBMITTED TO
THE CITY COUNCIL AFTER DISTRIBUTION OF THE AGENDA PACKET
ARE AVAILABLE FOR PUBLIC INSPECTION AT CITY HALL LOCATED AT
595 HARBOR STREET; MORRO BAY LIBRARY LOCATED AT 625 HARBOR
STREET; AND MILL'S COPY CENTER LOCATED AT 495 MORRO BAY
BOULEVARD DURING NORMAL BUSINESS HOURS.
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.
0
MINUTES - MORRO BAY CITY COUNCIL
® CLOSED SESSION —MAY 12, 2008
CITY HALL CONFERENCE ROOM - 5:00 P.M.
Mayor Peters called the meeting to order at 5:00 p.m.
PRESENT: Janice Peters Mayor
Melody DeMeritt Councilmember
Rick Grantham Councilmember
William Peirce Councilmember
Betty Winholtz Councilmember
STAFF: Andrea Lueker Interim City Manager
Robert Schultz City Attorney
CLOSED SESSION
MOTION: Councilmember Winholtz 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 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 three (3) parcels.
Property: Embarcadero/Market.
Negotiating Parties: Potential Buyers and City of Morro Bay.
Negotiations: Voluntary Purchase and Sale.
Property: Morro Bay Dunes.
Negotiating Parties: Doug Claassen and City of Morro Bay.
Negotiations: Lease Terms and Conditions.
Property: 911 Morro Bay Boulevard
Negotiating Parties: Stewart Petroleum and City of Morro Bay:
Negotiations: Acquisition of Right -of -Way
CS-2 GOVERNMENT CODE SECTION 54957; PERSONNEL ISSUES.
Discussions regarding Personnel Issues including one (1) public employee
regarding appointment, specifically the City Manager.
CS-3 GOVERNMENT CODE SECTION 54957; PERSONNEL ISSUES.
Discussions regarding Personnel Issues including one (1) public employee_
® regarding evaluation, specifically the Interim City Manager.
CS-4 GOVERNMENT CODE SECTION 54957; PERSONNEL ISSUES.
® Discussions regarding Personnel Issues regarding organizational assessment of
City personnel.
CS-5
LABOR NEGOTIATOR: Conference with City Manager, the City's Designated
Representative, for the purpose of reviewing the City's position regarding the
terms and compensation paid to the City Employees and giving instructions to the
Designated Representative.
The meeting adjourned to Closed Session at 5:00 p.m. and returned to regular session at
5:50 p.m.
MOTION: Councilmember DeMeritt moved the meeting be adjourned. The motion
was seconded by Councilmember Winholtz and unanimously carried. (5-0)
The meeting adjourned at 5:50 p.m.
El
MINUTES - MORRO BAY CITY COUNCIL
® REGULAR MEETING — MAY 12, 2008
VETERANS MEMORIAL HALL - 6:00 P.M.
D I
El
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: Andrea Lueker
Robert Schultz
Bridgett Bauer
Rick Algert
Bruce Ambo
Bill Boucher
Janeen Burlingame
John DeRohan
Rob Livick
Mike Pond
Mike Prater
Susan Slayton
Joe Woods
Interim City Manager
City Attorney
City Clerk
Harbor Director
Public Services Director
Capital Projects Manager
Management Analyst
Police Chief
City Engineer
Fire Chief
Planning Manager
Finance Director
Acting Recreation & Parks Director
ESTABLISH QUORUM AND CALL TO ORDER
MOMENT OF SILENCE
PLEDGE OF ALLEGIANCE
MAYOR'S REPORTS & ANNOUNCEMENTS
CLOSED SESSION REPORT - City Attorney Robert Schultz reported the City Council
met in Closed Session, and no reportable action under the Brown Act was taken.
PUBLIC COMMENT
Ani Lyn, Membership Director of the Chamber of Commerce, reviewed the monthly
statistics for the Visitor Center.
Keith Taylor announced the Music Festival would be held on June 7's on the
Embarcadero.
Cathy Novak addressed Item D-1 (Resolution Initiating the Process to Consider
Abandonment of a Portion of Palm Avenue) stating she represents the property owners
requesting the abandonment of a portion of Palm Avenue. She reviewed the proposed
plans for the abandonment and said she would be available for questions by Council.
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MINUTES - MORRO BAY CITY COUNCIL
® REGULAR MEETING — MAY 12, 2008
Ken Vesterfelt announced the Cruisin' Morro Bay Car Show was a great success. He
said there are already 226 cars registered for next year's event. Mr. Vesterfelt stated it is
a public right to run for election, and the destruction of campaign signs is a violation of a
public right.
John Barta referred to the excess cost of using tertiary treatment of the wastewater
treatment system, which will show as an increase on the community's sewer bills.
Bill Martony recommended Council consider locating a convention center at the property
behind the Blue Sail Inn because there are plenty of motels in this area to support this
use. He also noted smaller projects would be a better use for the Market
Street/Embarcadero property. Mr. Martony asked if there is a problem with an easement
where the roundabout is being built at Morro Bay Boulevard and Quintana Road.
Roger Ewing stated he did support Council's decision to approve tertiary treatment for
the wastewater treatment plant. He said he also supports slurry treatment at the entrance
of the City on Morro Bay Boulevard. Mr. Ewing referred to Item D-3 (Concept of
Creating an Ad -Hoc Committee to Determine What Non -Tourist Industries is
Appropriate for the City and How to Bring Them to Morro Bay) and encouraged Council
® to consider a regional shopping center that would bring stores that would benefit
residents locally. He commended staff on the budget proposed to Council at last week's
meeting.
11
Marla Jo Bruton encouraged more unique specialty shops in Morro Bay. She stated the
benefits of tertiary treatment are more contaminants are removed and the effluent is
cleaner. Ms. Bruton said she would like the City to move forward with water
reclamation.
Mayor Peters closed the hearing for public comment.
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 -I APPROVAL OF MINUTES FOR THE APRIL 28, 2008 CITY COUNCIL
MEETING; (ADMINISTRATION)
RECOMMENDATION: Approve as submitted.
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MINUTES - MORRO BAY CITY COUNCIL
O REGULAR MEETING — MAY 12, 2008
A-2 APPROVAL OF AMENDMENT TO MANAGEMENT EMPLOYEE
MEMORANDUM OF UNDERSTANDING; (ADMINISTRATION)
RECOMMENDATION: Approve the amendment to the Management Employee
Unit's Memorandum of Understanding.
A-3 APPROVAL OF PILOT MORRO BAY DIAL -A -RIDE AND TROLLEY
SUMMER YOUTH PASS; (ADMINISTRATION)
RECOMMENDATION: Approve a pilot Morro Bay Dial -A -Ride and Trolley
Summer Youth Pass.
A4 ORDINANCE NO. 538 AMENDING SECTION 14.60.200 OF THE MORRO
BAY MUNICIPAL CODE REGULATING AUTOMATIC FIRE SPRINKLER
SYSTEMS — SECOND READING/ADOPTION; (FIRE)
RECOMMENDATION: Adopt Ordinance No. 538.
A-5 PROCLAMATION DECLARING NATIONAL TOURISM WEEK;
® (ADMINISTRATION)
RECOMMENDATION: Adopt Proclamation.
A-6 PROCLAMATION DECLARING NATIONAL POLICE MEMORIAL WEEK;
(ADMINISTRATION)
RECOMMENDATION: Adopt Proclamation.
A-7 PROCLAMATION DECLARING MAY 2008 AS BIKE MONTH;
(ADMINISTRATION)
RECOMMENDATION: Adopt Proclamation.
Councilmember Winholtz pulled Item A-3 from the Consent Calendar.
MOTION: Councilmember Winholtz moved the City Council approve the Consent
Calendar with the exception of Item A-3. The motion was seconded by
Councilmember Grantham and carried unanimously. (5-0)
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MINUTES - MORRO BAY CITY COUNCIL
® REGULAR MEETING —MAY 12, 2008
A-3 APPROVAL OF PILOT MORRO BAY DIAL -A -RIDE AND TROLLEY
SUMMER YOUTH PASS; (ADMINISTRATION)
Councilmember Winholtz reviewed the benefits of the Summer Youth Pass Program.
She requested the start date be amended to June 12's since school lets out on that date,
and the pass should be available for that weekend. .
MOTION: Councilmember Winholtz moved the City Council approve Item A-3 of
the Consent Calendar as amended. The motion was seconded by
Councilmember Grantham and carried unanimously. (5-0)
Mayor Peters called for a break at 7:04 p.m.; the meeting resumed at 7:14 p.m.
B. PUBLIC HEARINGS. REPORTS & APPEARANCES
B-1 ORDINANCE NO. 539 AMENDING TITLE 16 OF THE MORRO BAY
MUNICIPAL CODE (SUBDIVISION ORDINANCE/TRACT 41) - FIRST
READINGANTRODUCTION; (PUBLIC SERVICES)
® Planning Manager Mike Prater stated on February 11, 2008 staff brought the Cabrillo
neighborhood lot size issue (Tract 41) before the City Council and was directed to
proceed with an amendment to the Subdivision Ordinance that clarified the neighborhood
standards and General Plan policies to preserve this single family neighborhood. On May
5, 2008 the Planning Commission considered the amendment to the Cabrillo
neighborhood to not allow further subdividing of these parcels to maintain internal
consistency with City planning documents. The Commission adopted a resolution that
included amendment to staffs recommendation to facilitate these changes. A large part
of the recommendation will require the City to strengthen the General Plan as it relates to
single-family preservation and reinforce the compatibility and surrounding character
within neighborhoods by recognizing larger lot sizes and charming qualities in certain
neighborhoods. Mr. Prater recommended amendments to the Subdivision Ordinance and
reinforcing General Plan policies to create a clearer intent to preserve single-family
neighborhoods particularly the properties within Tract 41 to maintain the neighborhood
charm and setting. He recommended the City Council approve Ordinance No. 539
adopting these amendments to Title 16 of the Morro Bay Municipal Code (Subdivision
Ordinance/Tract 41) for first reading and introduction.
Mayor Peters opened the hearing for public comment.
Jim Bianchi stated the proposed amendments are consistent with the General Plan and
preserves the character of neighborhoods. He referred to various sections of the Morro
® Bay Municipal Code relating to the protection of neighborhoods.
MINUTES - MORRO BAY CITY COUNCIL
® REGULAR MEETING —MAY 12, 2008
Skip Barnhardt thanked the City for considering this amendment.
Marla Jo Bruton thanked the City for considering this amendment. She said the rest of
the community should pay attention to the protection this ordinance gives to all
neighborhoods in the City.
Mayor Peters closed the public comment hearing.
MOTION: Councilmember DeMeritt moved the City Council approve Ordinance No.
539 adopting amendments to Title 16 of the Morro Bay Municipal Code
(Subdivision Ordinance/Tract 41) for first reading and introduction by
number and title only. The motion was seconded by Councilmember
Peirce and carried unanimously. (5-0)
Interim City Manager Andrea Lueker read Ordinance No. 539 by number and title only.
B-2 CONCEPT PLAN APPROVAL FOR WORKFORCE HOUSE PROJECT
LOCATED AT 1405 TERESA DRIVE; (PUBLIC SERVICES)
® Planning Manager Mike Prater stated the applicant seeks a Conditional Use and Coastal
Development Permits for concept approval to construct 15 workforce studio units. The
plans indicate 14 of the units are attached and only one detached unit. All of the units
will be studios approximately 432 square feet with open kitchen, living/sleeping area and
one bathroom. There would be a total of 8 ground level units and 7-second floor units.
The Planning Commission held hearings to discuss this project on September 4, 2007 and
January 22, 2008, where during the discussion the Commission unanimously supported
the concept plan with added conditions. Mr. Prater recommended conditions of approval
and clarification on providing deed restricted housing units, the proposed project as
consistent with the Local Coastal Plan, General Plan, requirements for projects in the
Planned Development district, and would not have a significant impact on the
environment. All residential units constructed at the project site would be available for
the workers of the care facility with three of the units to be deed restricted at the
moderate -income level. Mr. Prater recommended the City Council approve the Concept
Plan for this proposed project.
Cathy Novak, representing the applicant, stated this workforce housing project is
proposed to be located behind the Casa de Flores care facility. She said all of the units
are concentrated on the southern side of the property, which will eliminate the visual
concerns from the north, significantly reduce grading into the hillside, and provide better
access for emergency personnel. Ms. Novak stated the Planning Commission
conditioned the project to provide at least 3,000 square feet of common open space not
® exceeding a 10% grade behind Units 13 and 14. A combination of eleven gallon to 24-
inch box trees are proposed for screening the new units, the scarred area on the north
side, and general landscaping for the parking lot and building area. She noted the
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MINUTES - MORRO BAY CITY COUNCIL
® REGULAR MEETING — MAY 12, 2008
Planning Commission conditioned the project to deed restrict all 15 units. The project as
proposed offers significant benefits and opportunities for affordable housing. To work
further towards the City goals, the project will offer three deed -restricted units at the
"moderate" income level. In order to accomplish the goal as a workforce housing
project, the care facility needs to manage the deed -restricted rentals rather than an
outside agency. The care facility shall provide an annual report to the Public Services
Department documenting the employee, title, salary schedule and current employment
status for each of the restricted units. The Planning Commission requested the units be
deed restricted in perpetuity; however, this is inconsistent with previous affordable
housing projects that have been approved. The applicant requests Council revise this
condition and restrict the units for 30 years or until the facility ceases operation as a care
facility. Ms. Novak referred to the repaving of Teresa Drive, especially the section
nearest the Highway. The applicant understands that this will be a requirement along
with the installation of a stop sign at the Highway on/off ramp intersection. The
applicant requests Council consider waiving the building permit fees, and staff has
recommended this request be brought back to Council after the final precise plan has
been approved. Ms. Novak stated this project would provide a unique opportunity for
on -site studio units available to the staff of Casa de Flores care facility at an affordable
rental rate.
Mayor Peters opened the hearing for public comment.
Mark Woolpert, CEO of Compass Health, stated this is a good opportunity to provide
affordable housing for his employees who receive low-income salaries. He said staffing
levels have not been able to be sustained at the state requirement because of housing and
transportation costs.
Nancy Johnson, Chair of Planning Commission, stated the Commission approved three
units for 30 years, and wanted to be assured the employees would have first right of
refusal.
Hal Tune stated he visits Casa de Flores weekly and this is a great benefit for its
employees.
Noah Smukler suggested considering dual plumbing on this project as a water
conservation measure. He also recommended using landscape that does not require
herbicides or pesticides.
Marla Jo Berton stated a proper National Pollution Discharge Elimination System should
be used for this proposed project so there is no cause for flooding and there is recapture
the run-off water. She said there is certain vegetation used as a buffer when there is
® agricultural area to assist in the elimination of herbicides and pesticides, which should be
considered for this property.
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MINUTES - MORRO BAY CITY COUNCIL
is REGULAR MEETING —MAY 12, 2008
Mayor Peters closed the public comment hearing.
Councilmember Grantham stated he supports employees having the first right of refusal.
Councilmember DeMeritt stated she would like to add two more deed -restricted units in
order to consider waiving the building fees.
Councilmember Peirce stated unless the units are rented as low-income, there would be
no staff member that would be able to afford to live there.
Mayor Peters stated she would like to consider the necessity of some Planning
Commission suggestions; such as the photovoltaic installations, and the open space and
amount of trees required.
Councilmember Winholtz stated she would like to add a requirement that Green Build
review this project.
MOTION: Councilmember Grantham moved the City Council approve the Concept
Plan Approval for the Workforce Housing Project located at 1405 Teresa
® Drive with the requirement the units will be deed restricted for 30 years,
and Green Build will review the project. The motion was seconded by
Councilmember Peirce and carried unanimously. (5-0)
Mayor Peters called for a break at 8:30 p.m.; the meeting resumed at 8:36 p.m.
B-3 ORDINANCE NO. 540 ADDING CHAPTER 13.18 TO THE MORRO BAY
MUNICIPAL CODE TO PROVIDE FOR THE REGULATION OF
EQUIPMENT OR FACILITIES IN RIGHTS -OF -WAY: FIRST READING/
INTRODUCTION; (CITY ATTORNEY)
City Attorney Robert Schultz stated pursuant to City Council's direction, staff has
prepared Ordinance No. 540, which provides for regulations for the placement and
maintenance of public utilities in the City rights -of -way and includes the ability of the
City to charge public utility companies the cost of removal for their equipment that
creates a dangerous condition. Mr. Schultz recommended the City Council approve the
first reading and introduction of Ordinance No. 540 by number and title only adding
Morro Bay Municipal Code Section 13.18 entitled Equipment or Facilities in Rights -of -
Way.
Mayor Peters opened the hearing for public comment.
® Marla Jo Bruton stated the public is not clear on the specifics of this ordinance. She
asked if the City's water and sewer services are included in this ordinance.
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MINUTES - MORRO BAY CITY COUNCIL
® REGULAR MEETING — MAY 12, 2008
Mayor Peters closed the public comment hearing.
MOTION: Councilmember Grantham moved the City Council approve the first
reading and introduction of Ordinance No. 540 by number and title only
adding Morro Bay Municipal Code Section 13.18 entitled Equipment or
Facilities in Rights -of -Way. The motion was seconded by Councilmember
Peirce and carried unanimously. (5-0)
Interim City Manager Andrea Lueker read Ordinance No. 540 by number and title only.
C. UNFINISHED BUSINESS
C-1 REVIEW OF PHASE II OF THE CONCEPT PLAN APPROVAL OF GREAT
AMERICAN FISH COMPANY/HARBOR HUT/VIRG'S FISHING PROJECT
LOCATED AT 1185-1215 EMBARCADERO; (PUBLIC SERVICES)
Planning Manager Mike Prater stated the City Council held a public hearing on March 24,
2008. Council continued the project and directed the applicant and staff to consider splitting
the project into two phases (Phase I would consist of the restaurant/fish market expansion of
® the Great American Fish Company and all of the floating docks). Council action was taken
at the April 28, 2008 meeting to approve Phase I and directed staff to return with Phase II at
the May 12, 2008 meeting (Phase II consisted of Virg's new building, bio-diesel tanks, and
demolition of the Thai Boat.) Mr. Prater stated the proposed project can be found consistent
with the General Plan and Local Coastal Program, Waterfront Design Guidelines and
requirements for projects in the Planned Development district. Mr. Prater recommended the
City Council approve Phase II of the Concept Plan for the development proposed at 1185 to
1215 Embarcadero Road based upon findings and conditions.
Cathy Novak, representing the applicants, gave a recap of Phase II of the proposed
project. She said the existing tackle shop would be demolished and a new two-story
building would be constructed with a roof -top public observation deck; the first floor
would be occupied by Virg's for the tackle shop, charter boat business, storage, offices,
freezer and crew room for the boat employees; the second floor restaurant would be 952
square feet (the same size as the existing Thai Boat); the second floor would have 324
square feet for offices to house marine -oriented businesses; a new 450 square foot single
story building at the southern edge of the lease site, which will incorporate existing uses
as well as remodeled unisex restrooms, and one new section to provide coffee and pastry
service; to the west would be a customer waiting area with a glass wind break for
protection from the elements; raze the Thai Boat and install underground marine fuel
tanks. Ms. Novak stated the proposed construction phasing for the Virg's tackle shop,
the Thai Boat building and underground tanks would be done five years after the Precise
® Plan approval.
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MINUTES - MORRO BAY CITY COUNCIL
is REGULAR MEETING —MAY 12, 2008
Councilmember Winholtz expressed opposition to the proposed height limit and said it
should remain at 17 feet. She said offices should not be allowed on the Embarcadero;
and, the walkway and roof deck are amenities that are not marine -related and do not
belong at this proposed site. Councilmember Winholtz stated she questions the
compliance of Measure D and noted Council previously agreed that this portion of the
project would not be discussed until there was a discussion on placing Measure D on the
November 2008 ballot.
Councilmember Peirce stated the proposed office space is for marine -related businesses.
Mayor Peters stated there is plenty of interest in renting a marine -related office space at
this proposed site.
Councilmember Grantham stated public benefit of the proposed project out ways the
height restriction concern.
Councilmember DeMeritt stated Measure D should not be run over by development
decisions. She said she supports the allowance of marine -related businesses at this proposed
site.
® Mayor Peters stated Measure D should be pursued on a ballot for clarification, but not with
this project.
MOTION: Councilmember Peirce moved the City Council approve Phase H of the
Concept Plan for the development proposed at 1185 to 1215 Embarcadero
Road based upon findings and conditions with the amendment that the
proposed office spaces would be used only for marine -related businesses.
The motion was seconded by Councilmember Grantham and carried with
Councilmember Winholtz voting no. (4-1)
D. NEW BUSINESS
D-1 RESOLUTION NO. 21-08 INITIATING THE PROCESS TO CONSIDER
ABANDONMENT OF A PORTION OF PALM AVENUE; (PUBLIC
SERVICES)
City Engineer Rob Livick stated the State of California Streets and Highways Code
(Public Streets, Highways, and Service Easements Vacation Law) contains procedures
under which a local agency can vacate or abandon its Rights -of -Ways. The Code
requires that if the proposed abandonment of a street, highway, or public service
easement is within an area for which a General Plan is adopted by a local agency, the
islegislative body of the public entity shall consider the General Plan prior to vacating the
street, highway, or public service easement. The proposed street to be abandoned is a
125-foot long section of Palm Avenue between Main and Walnut Streets. The street has
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MINUTES - MORRO BAY CITY COUNCIL
® REGULAR MEETING — MAY 12, 2008
never been developed beyond driveway access to two properties fronting on Palm
Avenue. The City has installed a barricade sometime in the past at the intersection to
preclude through circulation. The property owners have petitioned the City for the
abandonment of the street out of concern with the unkempt appearance of the street and
feel they can better maintain the property if it was not a public street. The property
owners propose to maintain the area as a common driveway and landscaped area. This
abandonment was presented and recommended for approval at the February 4, 2008
Planning Commission meeting. Mr. Livick recommended the City Council adopt
Resolution No. 21-08 initiating the process to consider abandonment of a portion of Palm
Avenue, and set a public hearing for June 9, 2008.
Councilmember Peirce stated the City has made no improvement to this property, and he
sees no reason maintaining it within the City's inventory.
Councilmember Grantham stated with the lack of maintenance, he supports the
abandonment of this property.
Councilmember DeMeritt expressed concern with parking in this area, and said the City
® should consider rehabilitating it and provide parking.
Mayor Peters suggested a bulb -in on either side of the driveway that would provide a
couple of parking spaces.
Councilmember Winholtz stated the proposed abandonment should be used partially for
public benefit such as a public walkway.
Councilmember Peirce stated the property would need to be graded for a pathway, which
would bring in some liability to the property that is not there now.
MOTION: Councilmember Peirce moved the City Council adopt Resolution No. 21-08
initiating the process to consider abandonment of a portion of Palm Avenue,
and set a public hearing for June 9, 2008. The motion was seconded by
Councilmember Grantham and carried with Councilmember DeMeritt
voting no. (4-1)
D-2 REVIEW OF REQUEST FOR PROPOSAL FOR MARKET STREET/
EMBARCADERO PROPERTY SITE; (PUBLIC SERVICES)
Public Services Director Bruce Ambo stated in February 2004, the City contracted with
Allan D. Kotin & Associates in collaboration with Urban Studio -LA and James Regan &
Associates to evaluate the market potential of the Embarcadero/Market Street site. The
® basic premise is that Morro Bay's tourism season is constrained to the peak summer
months where it is maximized to its fullest extent, and in order to substantially expand the
market base it would be necessary to go beyond its current characteristic peak season by
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MINUTES - MORRO BAY CITY COUNCIL
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providing a conference facility with a "Class A" hotel that would broaden the market to
the off-peak seasons. In November 2004, the City issued a Request for Proposal for this
hotel/conference center project, which received minimal response from the development
community. Since then the City has been approached by numerous prospective
developers interested in developing the site. Mr. Ambo recommended the City Council
direct staff to solicit the Request for Proposals for a hotel and optional conference
facility, and return with recommendations for entering into an Exclusive Negotiation
Agreement with a prospective developer.
Mayor Peters referred to page 17 of the report (4.1 — Unsubordinated Lease) and made
the following amendment: "The City would prefer proposals for a long-term,
unsubordinated ground lease with a 60-year term, but will consider other options."
Councilmember DeMeritt requested the language relating to the linkage between the
Downtown and Embarcadero be emphasized.
Councilmember DeMeritt referred to page 8 (2.3 — Characteristics of New Hotel) and
suggested the proposed hotel be rated as a four -star instead of three -star.
Is Councilmember DeMeritt referred to'page 9 (3rd paragraph) and requested the following
statement be removed: "The City's objective is to create additional inventory in
downtown Morro Bay of a quality somewhat consistent with that of The Inn at Morro
Bay during its best periods ...."
Councilmember DeMeritt expressed concern with the graphic on page 11 showing the
height of a proposed hotel.
Mayor Peters referred to pages 9 and 10 where it specifies the amount of people to be
accommodated should be referred to as a "banquet room."
Councilmember DeMeritt referred to a typographical error on page 10.
MOTION: Councilmember Grantham moved the City Council direct staff to solicit
Request for Proposals for a Hotel and Optional Conference Facility and
return with recommendations for entering into an Exclusive Negotiation
Agreement with a prospective developer with the suggested amendments
made by Council. The motion was seconded by Councilmember Peirce
and carried with Councilmember Winholtz voting no. (4-1)
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® REGULAR MEETING — MAY 12, 2008
D-3 CONCEPT OF CREATING AN AD -HOC COMMITTEE TO DETERMINE
WHAT NON -TOURIST INDUSTRIES IS APPROPRIATE FOR THE CITY
AND HOW TO BRING THEM TO MORRO BAY; (COUNCIL)
Councilmember Peirce stated the number of vacant commercial storefronts is becoming
increasingly of concern. Almost since incorporation, Morro Bay has had a reputation of
being anti -business. He suggested Council establish an ad -hoc committee to determine
which businesses would be viable for Morro Bay and then recruit them. Councilmember
Peirce recommended the City Council explore incentives, which may be necessary to
make this process work for the benefit of the City.
Councilmember Winholtz requested a business owner from Downtown and North Main
Street be added to the committee.
MOTION: Councilmember Peirce moved the City Council establish an ad -hoc
committee to determine which businesses would be viable for Morro Bay
and recruit them. The motion was seconded by Councilmember Grantham.
Councilmember DeMeritt suggested someone from the Public Services Department be on
the committee.
Councilmember Grantham suggested this topic be discussed at the weekly business
meeting held on Thursday mornings.
VOTE: The motion carried unanimously. (5-0)
MOTION: Councilmember Peirce moved the City Council appoint an ad -hoc
committee consisting of Councilmember Grantham and Councilmember
Peirce; the Executive Director of the Morro Bay Chamber of Commerce or
his/her designee; one member that is a current retail business owner; one
member of the Public Services Department; and others as deemed necessary.
Council also directed staff to return this item within six months with an
update from the committee. The motion was seconded by Councilmember
Winholtz and carried unanimously. (5-0)
".93 mliat IaItoII
The meeting adjourned at 9:40 p.m.
Recorded by:
Bridgett Ba r
City Clerk
14
City of Morro Bay
Morro Bay, CA 93442
mop" (805) 772-6200
NOTICE OF BUDGET WORKSHOPS
NOTICE IS HEREBY GIVEN that the Morro Bay City Council will
be holding Budget Workshops on Thursday. May 8. 2008 at 6:00 D.m.
and Thursday. May 15, 2008 at 6:00 p.m. Both workshops will be held in
the Veterans Memorial Building located at 209 Surf Street, Morro Bay,
California.
® The City Council will be reviewing the proposed budget for fiscal
year 2008-2009.
DATED: May 1, 2008
Bridgett Akuer, City Clerk
IN COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT, IF YOU NEED
SPECIAL ASSISTANCE TO PARTICIPATE IN A CITY MEETING, PLEASE CONTACT THE
CrrY 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
t
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MINUTES - MORRO BAY CITY COUNCIL
SPECIAL BUDGET MEETING — MAY 8, 2008
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
Rick Grantham
William Peirce
Betty Winholtz
STAFF: Andrea Lueker
Bridgett Bauer
Rick Algert
Bruce Ambo
Bill Boucher
Janeen Burlingame
John DeRohan
Rob Livick
Mike Pond
Susan Slayton
Dylan Wade
Joe Woods
ESTABLISH QUORUM AND CALL TO ORDER
PLEDGE OF ALLEGIANCE
PUBLIC COMMENT PERIOD
Councilmember
Councilmember
Councilmember
Councilmember
Interim City Manager
City Clerk
Harbor Director
Public Services Director
Capital Projects Manager
Management Analyst
Police Chief
City Engineer
Fire Chief
Finance Director
Senior Civil Engineer
Acting Recreation & Parks Director
The following people addressed the efforts of the Community Promotions Committee,
which has increased revenue in tourism through marketing efforts; and due to the present
economic and challenging times, the Community Promotions Committee requests an
increase in funds in order to maintain its efforts: John Sorgenfrei, TJA Advertising, Ed
Krovitz, Vice -Chair of Community Promotions Committee, Joyce Lundy, Community
Promotions Committee Member, David Weisman, Chair of the Community Promotions
Committee, and Susan Stewart, Community Promotions Committee Member.
Andrea Klipfel, Vice President of the Board for the Chamber of Commerce, reviewed the
efforts of the Chamber of Commerce and Visitors Center. She said the Chamber of
Commerce sponsored 29 events which each brought in over 5,000 tourists to the City in
2007.
Marla Jo Bruton presented Council with a publication by Californians Aware on a
® Records Request Management System stating the City should consider such a system in
order to better assist the community with Public Records Act requests.
Jonni Biaggini, Executive Director of the Visitors and Conference Bureau (VCB),
reviewed the benefits of participating with the VCB, and requested Council's
consideration in funding the fair share formula of $32,474 this year for full marketing
support.
Jim Keating requested Council consider re -opening the Request for Proposals for the
current City website redesign in order to consider a local web -site designer.
Kelly Vandenheuvel requested Council's consideration in funding for the Pacific Wildlife.
Center as an aid -to -agency.
Mayor Peters closed the public comment hearing.
2008/09 BUDGET PRESENTATION
Finance Director Susan Slayton presented the proposed 2008/09 Annual Budget for Council
review.
Mayor Peters called for a break at 7:10 p.m.; the meeting resumed at 7:15 p.m.
DISCUSSION
Council reviewed the proposed budget, and asked staff for clarification on various
sections.
® The City Council continued further discussion on the adoption of the proposed budget to
the May 15, 2008 budget meeting.
CONTINUED DISCUSSION — WEBSITE REDESIGN
MOTION: Councilmember DeMeritt moved the City Council direct staff to re -issue
the Request for Proposal for the City web -site redesign, with the cost to be
$10,000 or less. The motion was seconded by Councilmember Peirce and
carried unanimously. (5-0)
ADJOURNMENT
The meeting adjourned at 9:10 p.m.
Recorded by:
Bridgett Bauer
City Clerk
E
2
City of Morro Bay
® Morro Bay, CA 93442
(805) 772-6200
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 Tuesday, May 6. 2008 at 8:00 a.m.
to be held in the City Hall Conference Room located at 595 Harbor Street, Morro
Bay, California. The City Council will be discussing the following:
GOVERNMENT CODE SECTION 54957: PERSONNEL ISSUES:
Discussions regarding Personnel Issues including one (1) public employee
® regarding appointment, specifically the City Manager.
GOVERNMENT CODE SECTION 54957; PERSONNEL ISSUES:
Discussions regarding Personnel Issues including one (1) public employee
regarding evaluation, specifically the Interim City Manager.
DATED: May 1, 2008
Bridgett lQuer, 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
595 Harbor Street
ADMINISTRATION
595 Harbor Street
FIRE DEPT.
715 Harbor Street
HARBOR DEPT. CITY ATTORNEY POLICE DEPT.
1275 Embartwdero Road 955 Shasta Avenue 970 Morro Bav Boulevard
PUBLIC SERVICES
955 Shasta Avenue
RECREATION & PARKS
1001 Kennedv Wav
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 28, 2008
CLOSED SESSION— APRIL 28, 2008 .
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:
• CITY OF MORRO BAY vs. MARTONY
CS-2 GOVERNMENT CODE SECTION 54957.6. CONFERENCE WITH
LABOR NEGOTIATOR: Conference with City Manager, the City's Designated
Representative, for the purpose of reviewing the City's position regarding the
terms and compensation paid to the City Employees and giving instructions to the
Designated Representative.
CS-3 GOVERNMENT CODE SECTION 54957; PERSONNEL ISSUES:
Discussions regarding Personnel Issues including one (1) public employee
regarding appointment, specifically the City Manager.
CS-4 GOVERNMENT CODE SECTION 54957; PERSONNEL ISSUES:
Discussions regarding Personnel Issues including one (1) public employee
regarding evaluation, specifically the Interim City Manager.
IT IS NOTED THAT THE CONTENTS OF CLOSED SESSION MEETINGS
ARE CONFIDENTIAL AND EXEMPT FROM DISCLOSURE.
C
® PUBLIC SESSION — APRIL 28, 2008
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 24, 2008 CITY COUNCIL
MEETING; (ADMINISTRATION)
RECOMMENDATION: Approve as submitted.
B. PUBLIC HEARINGS. REPORTS & APPEARANCES
B-I RESOLUTION NO. 19-08 INITIALIZING PROCEEDING TO LEVY THE
ANNUAL ASSESSMENT FOR CLOISTERS LANDSCAPING AND
LIGHTING MAINTENANCE ASSESSMENT DISTRICT; (RECREATION &
PARKS)
RECOMMENDATION: Adopt Resolution No. 19-08.
B-2 RESOLUTION NO. 20-08 INITIALIZING PROCEEDING TO LEVY THE
ANNUAL ASSESSMENT FOR NORTH POINT NATURAL AREA
LANDSCAPING AND LIGHTING MAINTENANCE ASSESSMENT
DISTRICT; (RECREATION & PARKS)
RECOMMENDATION: Adopt Resolution No. 20-08.
B-3 MEMORANDUM OF UNDERSTANDING WITH MORRO BAY PUPS
REGARDING THE DEL MAR PARK OFF -LEASH AREA; (CITY
® ATTORNEY)
RECOMMENDATION: Approve the Memorandum of Understanding and
direct staff to process the Del Mar Park Master Plan revision consistent with
City policies.
B-4 ORDINANCE NO. 538 AMENDING SECTION 14.60.200 OF THE MORRO
BAY MUNICIPAL CODE REGULATING AUTOMATIC FIRE SPRINKLER
SYSTEMS — FIRST READING/INTRODUCTION; (FIRE DEPARTMENT)
RECOMMENDATION: Approve the first reading and introduction of
Ordinance No. 538 by number and title only.
C. UNFINISHED BUSINESS
C-I RECONSIDERATION OF APPEAL OF THE PLANNING COMMISSION
APPROVAL FOR A CARETAKERS UNIT LOCATED AT 1140 FRONT
STREET; (PUBLIC SERVICES)
RECOMMENDATION: That the City Council uphold their decision and
approve the project.
E
® C-2 REVIEW OF PHASE I OF THE CONCEPT PLAN APPROVAL OF GREAT
AMERICAN FISH COMPANY/VIRG'S FISHING PROJECT LOCATED AT
1185-1215 EMBARCADERO; (PUBLIC SERVICES)
RECOMMENDATION: Approve the Concept Plan for the development
proposed at 1185 and 1215 Embarcadero Road based upon findings and
conditions.
D. NEW BUSINESS
D-1 RECOMMENDATION FROM WEBSITE REDESIGN PROPOSAL REVIEW
COMMITTEE; (FINANCE)
RECOMMENDATION: Approve the selected vendor, and direct staff to sign the
contract and begin the website redesign process.
D-2 DISCUSSION ON LOW-INCOME ASSISTANCE ON WATER AND
WASTEWATER TREATMENT USER RATES; (FINANCE)
RECOMMENDATION: Discuss and direct staff accordingly.
D-3 DISCUSSION ON FACILITATOR FOR THE JUNE 30, 2008 GOAL SETTING
AND STRATEGIC PLANNING WORKSHOP; (ADMINISTRATION)
® RECOMMENDATION: Discuss and direct staff accordingly.
D4 DISCUSSION ON THE NORTH MAIN STREET BIKE LANE; (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 TILE CLERK'S OFFICE AT 772-6200 FOR FURTHER
INFORMATION.
MATERIALS RELATED TO AN ITEM ON THIS AGENDA SUBMITTED TO THE CITY
COUNCIL AFTER DISTRIBUTION OF THE AGENDA PACKET ARE AVAILABLE FOR
PUBLIC INSPECTION AT CITY HALL LOCATED AT 595 HARBOR STREET; MORRO BAY
LIBRARY LOCATED AT 625 HARBOR STREET; AND MILL'S COPY CENTER LOCATED AT
495 MORRO BAY BOULEVARD DURING NORMAL BUSINESS HOURS.
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.
0
MINUTES - MORRO BAY CITY COUNCIL
CLOSED SESSION —APRIL 28, 2008
® CITY HALL CONFERENCE ROOM - 5:00 P.M.
Mayor Peters called the meeting to order at 5:00 p.m.
PRESENT: Janice Peters
Mayor
Melody DeMeritt
Councilmember
Rick Grantham
Councilmember
William Peirce
Councilmember
Betty Winholtz
Councilmember
STAFF: Andrea Lueker
Interim City Manager
Robert Schultz
City Attorney
CLOSED SESSION
MOTION: Councilmember Winholtz 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 54956.9(A); CONFERENCE WITH
LEGAL COUNSEL REGARDING PENDING LITIGATION:
® • CITY OF MORRO BAY vs. MARTONY
CS-2 GOVERNMENT CODE SECTION 54957.6; CONFERENCE WITH
LABOR NEGOTIATOR: Conference with City Manager, the City's Designated
Representative, for the purpose of reviewing the City's position regarding the
terms and compensation paid to the City Employees and giving instructions to the
Designated Representative.
CS-3 GOVERNMENT CODE SECTION 54957; PERSONNEL ISSUES:
Discussions regarding Personnel Issues including one (1) public employee
regarding appointment, specifically the City Manager.
CS-4 GOVERNMENT CODE SECTION 54957; PERSONNEL ISSUES:
Discussions regarding Personnel Issues including one (1) public employee
regarding evaluation, specifically the Interim 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 Grantham 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.
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — APRIL 28, 2008
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: Andrea Lueker
Interim City Manager
Robert Schultz
City Attorney
Bridgett Bauer
City Clerk
Rick Algert
Harbor Director
John DeRohan
Police Chief
Dan Doris
Building Official
Rob Livick
City Engineer
Mike Pond
Fire Chief
Mike Prater
Planning Manager
Susan Slayton
Finance Director
Joe Woods
Acting Parks & Recreation 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.
Cathy Wells addressed her dissatisfaction with actions that have taken place in the City.
Robert Davis addressed Item D4 (Discussion on the North Main Street Bike Lane)
stating the Morro Bay Citizens Bike Committee supports striping Class II bike lanes on
North Main Street from Atascadero Road to San Jacinto Street. He said there is a
significant volume of bicycles and pedestrian traffic on North Main Street, and a bike
lane that does not interfere with the businesses would create a great enhancement for safe
cycling.
Colby Crotzer expressed support for bike lanes on North Main Street, and also a dog park
at Del Mar Park. He noted a tennis court has also been planned for many years at Del
Mar Park and should move forward.
® Richard Sadowski reviewed a local newspaper article relating to damage of the Morro
Bay Wastewater Collection System.
MINUTES - MORRO BAY CITY COUNCIL
® REGULAR MEETING — APRIL 28, 2008
Cathy Novak addressed Item C-1 (Reconsideration of Appeal of the Planning
Commission Approval for a Caretakers Unit Located at 1140 Front Street) stating she
represents the appellants. Ms. Novak stated at the previous Council meeting she asked
for Council consideration of several City policies and answers to a number of questions.
She noted there are times that differing land uses conflict with one another; however, in
this case it is not about changing a commercial use that poses a problem with the
neighboring residential use, it is a change from commercial to residential and using the
commercial standards to justify the request. This project when originally designed did
not contemplate using a portion of the building for a residential use; therefore, it is devoid
of any routine and required residential conveniences such as a garage, parking, and more.
The neighbors object once again to the approval of this project because there is
insufficient information provided to make a proper assessment, inadequate protections in
the way of project conditions, failure to adhere to prior project conditions and violations
of parking requirements, safety, visual and other general City policies as stated before.
Garry Johnson announced a "Floral Road Trip" sponsored by the California Garden
Clubs, Inc. would be held on May 3rd at the Morro Bay Library. He thanked the Fire
Department and the Police Explorers for doing a fine job.
Marla Jo Bruton expressed concern that the City has not responded to the information
® provided by she and Mr. Sadowski. She also referred to a newspaper called "The Rock"
noting it has information on the City's wastewater collection lines and synopsis of what is
happening in the community.
John Zweemer addressed the discussion on the City's noise ordinance and said he is a
gardener and uses a gas leaf blower daily. He noted electric blowers can be just as noisy
and are not sufficient for commercial use due to a lack of power supply.
Jim Nance agreed leaf blowers should not be banned in the City. He said North Main
Street is not wide enough for a bike lane, and suggested the City place a bike lane up by
Del Mar Park. Mr. Nance stated the City's impact fees are the lowest in the County. He
referred to Item D-2 (Discussion on Low -Income Assistance on Water and Wastewater
Treatment User Rates) and requested Council adopts a low-income assistance program on
water and sewer rates.
Roger Ewing thanked Gary Ream for organizing a great parade prior to the Kite Festival.
He stated he supports placing a bike lane on North Main Street and noted clear
delineation needs to be made for the safety of those traveling along this busy street. Mr.
Ewing expressed support for an off -leash dog park at Del Mar Park.
Jane von Kaye expressed support for a dog park but also would like a tennis court at Del
Mar Park.
® Shawn Bostrum announced an event would be held on May I' at City Park on Morro Bay
Boulevard that will address the future of America.
r
MINUTES - MORRO BAY CITY COUNCIL
® REGULAR MEETING — APRIL 28, 2008
Mayor Peters closed the hearing for public comment.
DECLARATION OF FUTURE AGENDA ITEMS
Mayor Peters requested to agendize a discussion on the removal of in -lieu parking fees in
the downtown area for five years; Councilmember DeMeritt and Councilmember Peirce
concurred.
Councilmember Winholtz requested to agendize a review of the movie on the Homeless
Project; Councilmember Peirce and Mayor Peters concurred.
Councilmember DeMeritt requested to agendize a discussion on trade marking the slogan
"Discover Your Better Nature"; Councilmember Peirce and Mayor Peters concurred
Councilmember DeMeritt requested to agendize a discussion on water and sewer rates
and the calculations used for these fees; Councilmember Peirce, Councilmember
Winholtz and Mayor Peters concurred.
A. CONSENT CALENDAR
® Unless an item is pulled for separate action by the City Council, the following actions are
approved without discussion.
El
A-1 APPROVAL OF MINUTES FOR THE MARCH 24, 2008 CITY COUNCIL
MEETING; (ADMINISTRATION)
RECOMMENDATION: Approve as submitted.
Councilmember Winholtz pulled Item A-1 from the Consent Calendar.
The following amendment to the minutes of the March 24, 2008 City Council meeting
was made by Councilmember Winholtz:
B-3 CONCEPT PLAN APPROVAL OF GREAT AMERICAN FISH
COMPANY/VIRG'S FISHING PROTECT LOCATED AT 1185-1215
EMBARCADERO; (PUBLIC SERVICES)
Cathy Novak noted the Concept Plan is proposed in two phases. Phase I includes the
additional square footage of the Great American Fish Comnanv Fish Market, the
floating docks and the Harborwalk: Phase H includes the new Vim's building and
Thai Boat restaurant and the underground fuel tanks.
4
MINUTES - MORRO BAY CITY COUNCIL
® REGULAR MEETING — APRIL 28, 2008
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)
Mayor Peters called for a break at 6:56 p.m.; the meeting resumed at 7:10 p.m.
B. PUBLIC HEARINGS. REPORTS & APPEARANCES
B-1 RESOLUTION NO. 19-08 INITIALIZING PROCEEDING TO LEVY THE
ANNUAL ASSESSMENT FOR CLOISTERS LANDSCAPING AND
LIGHTING MAINTENANCE ASSESSMENT DISTRICT; (RECREATION &
PARKS)
Interim City Manager Andrea Lueker stated Resolution No. 19-08 serves as the initiation
of the annual assessment proceedings and orders an Engineer's Report detailing the
proposed costs for the maintenance of the Cloisters Park and Open Space for the purpose
of assessing private property owners of Tract Map No. 1996 (excluding City property). It
also gives notice that a public hearing on the intent to levy the assessment, review and
acceptance of the Engineer's Report will be held on May 27, 2008. Ms. Lueker
recommended the City Council adopt Resolution No. 19-08 initializing proceeding to
® levy the annual assessment for Cloisters Landscaping and Lighting Maintenance
Assessment District.
Mayor Peters opened the hearing for public comment; there were no comments and
Mayor Peters closed the public comment hearing.
MOTION: Councilmember Winholtz moved the City Council adopt Resolution No. 19-
08 initializing proceeding to levy the annual assessment for Cloisters
Landscaping and Lighting Maintenance Assessment District. The motion
was seconded by Councilmember Grantham and carried unanimously. (5-0)
B-2 RESOLUTION NO. 20-08 INITIALIZING PROCEEDING TO LEVY THE
ANNUAL ASSESSMENT FOR NORTH POINT NATURAL AREA
LANDSCAPING AND LIGHTING MAINTENANCE ASSESSMENT
DISTRICT; (RECREATION & PARKS)
Interim City Manager Andrea Lueker stated Resolution No. 20-08 serves as the initiation
of the annual assessment proceedings and orders an Engineer's Report detailing the
proposed costs for the maintenance of the North Point Natural Area for the purpose of
assessing private property owners of Tract Map No. 2110 (excluding City property). It
also gives notice that a public hearing on the intent to levy the assessment, review and
acceptance of the Engineer's Report will be held on May 27, 2008. _ Ms. Lueker
® recommended the City Council adopt Resolution No. 20-08 initializing proceeding to
levy the annual assessment for North Point Natural Area Landscaping and Lighting
Maintenance Assessment District.
5
® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — APRIL 28, 2008
Mayor Peters opened the hearing for public comment; there were no comments and
Mayor Peters closed the public comment hearing.
MOTION: Councilmember Grantham moved the City Council adopt Resolution No.
20-08 initializing proceeding to levy the annual assessment for North
Point Natural Area Landscaping and Lighting Maintenance Assessment
District. The motion was seconded by Councilmember Peirce and carried
unanimously. (5-0)
B-3 MEMORANDUM OF UNDERSTANDING WITH MORRO BAY PUPS
REGARDING THE DEL MAR PARK OFF -LEASH AREA; (CITY
ATTORNEY)
City Attorney Robert Schultz stated an off -leash dog park located in Morro Bay has been
a topic of discussion for several years. The last action taken by City Council was on
February 26, 2007 when it established the Del Mar Dog Park as a City project and
directed staff to negotiate a Memorandum of Understanding with Morro Bay Pups. The
Memorandum of Understanding deals only with processing issues, not the ultimate
construction, operation and maintenance issues. Upon approval of the master plan
® amendment and permits, a second Memorandum of Understanding will be prepared
covering those issues. Mr. Schultz recommended the City Council approve the
Memorandum of Understanding and direct staff to process the Del Mar Park Master Plan
revision consistent with past practices and policies.
Mayor Peters opened the hearing for public comment.
Steve Eckis, representing Morro Bay Pups (MBP), stated MBP has associated itself with
the San Luis Obispo Parks Open Space & Trails Foundation (SLOPOST) for the purpose
of raising funds for the design, development, maintenance and operation of the dog park.
SLOPOST has formal federal and state non-profit status, which will make the
contributions of financial supporters tax deductible. SLOPOST will also hold the funds,
provide regular accountings, and distribute the funds as directed by MBP. He said the
dog park is designed around the proposed tennis courts. Mr. Eckis stated there are three
issues to address: 1) request for consent to process the Del Mar Park Master Plan
amendment; 2) request to provide direction on processing the amendment; and 3) request
for approval of the Memorandum of Understanding. He stated MBP has agreed to
prepare the plans and process and pay for the permits for the dog park. He said a second
Memorandum of Understanding would be drafted for the construction and maintenance
issues.
The following people expressed support for the proposed Memorandum of Understanding
® between the City of Morro Bay and Morro Bay Pups: Joe Hoefllich, Noah Smukler, and
Yoko Okomoto.
MINUTES - MORRO BAY CITY COUNCIL
® REGULAR MEETING — APRIL 28, 2008
Mayor Peters closed the public comment hearing.
Councilmember Peirce expressed his support to approve the Memorandum of
Understanding.
Councilmember Grantham stated he also supports approving the Memorandum of
Understanding; however, the dog park should be placed as far from the Island Street
residential area as possible so that it will be successful.
Councilmember DeMeritt stated the proposed dog park area is an underutilized portion of
the park. She said the idea of a dog park was first proposed as a City goal in 2001, and
Council should give direction to expedite this process and get it done.
Councilmember Winholtz expressed support .for approving the Memorandum of
Understanding.
Mayor Peters stated the process should be forwarded to the Recreation & Parks
Commission.
MOTION: Councilmember Peirce moved the City Council approve the Memorandum
® of Understanding with Morro Bay Pups and direct staff to process the Del
Mar Park Master Plan amendment consistent with City policies; and further
direct staff to forward this project to the June 5, 2008 Recreation & Parks
Commission meeting. The motion was seconded by Councilmember
Grantham and carried unanimously. (5-0)
B4 ORDINANCE NO. 538 AMENDING SECTION 14.60.200 OF THE MORRO
BAY MUNICIPAL CODE REGULATING AUTOMATIC FIRE SPRINKLER
SYSTEMS — FIRST READING/RFMODUCTION; (FIRE DEPARTMENT)
Fire Chief Mike Pond stated the main feature of the proposed ordinance would require
automatic sprinklers in all structures exceeding 1,000 square feet and also require
sprinklers in existing structures that add 1,000 square feet or more, or increase size by
50%. Chief Pond recommended the City Council approve the first reading and
introduction of Ordinance No. 538 amending Section 14.60.200 of the Morro Bay
Municipal Code regulating automatic fire sprinkler systems.
Mayor Peters opened the hearing for public comment; there were no comments and Mayor
Peters closed the public comment hearing.
Councilmember Winholtz suggested an amendment on Page 2, Item 10 as follows: ...
"Chutes extending beyond two stories shall have additional sprinkler...."; Council
® concurred.
7
MINUTES - MORRO BAY CITY COUNCIL
® REGULAR MEETING — APRIL 28, 2008
MOTION: Councilmember Winholtz moved the City Council approve the first
reading and introduction of Ordinance No. 538 revising Section 14.60.200
of the Morro Bay Municipal Code regulating automatic fire sprinkler as
amended. The motion was seconded by Councilmember Grantham and
carried unanimously. (5-0)
Interim City Manager Andrea Lueker read Ordinance No. 538 by number and title only.
Mayor Peters called for a break at 8:05 p.m.; the meeting resumed at 8:15 p.m.
C. UNFINISHED BUSINESS
C-1 RECONSIDERATION OF APPEAL OF THE PLANNING COMMISSION
APPROVAL FOR A CARETAKERS UNIT LOCATED AT 1140 FRONT
STREET; (PUBLIC SERVICES)
Planning Manager Mike Prater stated at the March 24, 2008 meeting, the City Council
discussed this proposed project based on the appeal issues raised and approved the
applicant's request to convert the interior space of the upper floor from two motel
vacation rentals to a security unit and add a hot tub, storage shed, deck and fence behind
® the building without further grading of the hillside. At the same meeting, Council voted
to reconsider their decision and directed staff to return with further analysis on caretaker
units within the City with particular attention on those in the commercial visitor -serving
district. Mr. Prater recommended the City Council uphold their previous decision and
approve the project.
Councilmember Winholtz stated this is unique in that this is a mixed -use commercial
property. She said she does not support the improvements in the rear of the property
noting this should be maintained as a commercial use with a caretakers unit of no more
than 1,000 square feet.
Councilmember Peirce stated the storage shed should be allowed to store supplies that
would support the commercial use.
Councilmember Grantham stated he maintains his previous comments that conditions are
in place.
Councilmember DeMeritt stated she would prefer this location be used as commercial use
only. She said if the caretaker unit is approved, it should be a smaller unit; and, she does
not support the improvements in the rear of the property.
Mayor Peters expressed support for the caretakers unit, and noted the storage shed would
® be necessary for the commercial use. She said anything that makes that hillside more
attractive would benefit both the owners of this commercial building and the residents
above.
8
® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — APRIL 28, 2008
MOTION: Councilmember Grantham moved the City Council deny the appeal of the
Planning Commission approval for a caretakers unit located at 1140 Front
Street with conditions that the Fire Chief will review fire exits of said
caretakers unit; that there will be no cutting into the bluff for the hot tub or
tool shed; the hot tub is for private use only; and, there will be no
directional lighting into the residences above. The motion was seconded
by Councilmember Peirce and carried with Councilmember DeMeritt and
Councilmember Winholtz voting no. (3-2)
C-2 REVIEW OF PHASE I OF THE CONCEPT PLAN APPROVAL OF GREAT
AMERICAN FISH COMPANYIVIRG'S FISHING PROJECT LOCATED AT
1185-1215 EMBARCADERO; (PUBLIC SERVICES)
Planning Manager Mike Prater stated at the March 24, 2008 meeting, the City Council
held a public hearing and received testimony on the proposed Concept Plan. Council
continued the project and directed the applicant and staff to consider splitting the project
into two phases; Phase I would consist of the restaurant/fish market expansion of the
Great American Fish Company and all of the floating docks, and Phase II would consist
of the Virg's Fishing new building. The proposed project can be found consistent with
® the General Plan and Local Coastal Program, Waterfront Design Guidelines and
requirements for projects in the Planned Development district. Mr. Prater recommended
the City Council approve the Concept Plan for this project.
Cathy Novak, representing the applicants, referred to concerns of the Council at its last
meeting, and reviewed some of the project modifications and Planning Commission
conditions. She noted there was considerable discussion about Measure D and reviewed
Ordinance No. 207 noting it is clear by this Ordinance that Virg's, which has been there
since the mid-1950's, was contemplated and allowed to remain. The second issue
regarding Measure D was with the Thai Boat. The project proposed to take the first and
second floor square footage from the existing site and relocate this use on the second
floor of the new tackle shop building. Ms. Novak stated this project as a whole is about
sustaining and. promoting local businesses, one of which has been a fixture in Morro Bay
for over 50 years. She noted the commercial fishing industry is not completely dead and
it is not hopeless to maintain a working waterfront. The commercial fishing industry and
one other marine dependant businesses need to re-evaluate, change with the times and
diversify in order to stay alive and well. Ms. Novak requested the City Council support
this entire project with modifications.
Councilmember Winholtz stated Council should discuss access to the Harborwalk and
should the walk be maintained on the waterside. She said she has concern with the safety
of pedestrians walking along the docks.
n
LJ
MINUTES - MORRO BAY CITY COUNCIL
® REGULAR MEETING — APRIL 28, 2008
MOTION: Councilmember Peirce moved the City Council approve Phase I of the
Concept Plan for the Great American' Fish Company/Virg's Fishing
Project located at 1185-1215 Embarcadero, and direct staff to bring back
Phase II of the Concept Plan to the May 12, 2008 City Council meeting.
The motion was seconded by Councilmember Grantham and carried with
Councilmember Winholtz voting no. (4-1)
D. NEW BUSINESS
D-1 RECOMMENDATION FROM WEBSITE REDESIGN PROPOSAL REVIEW
COMMITTEE; (FINANCE)
Finance Director Susan Slayton stated at Council's request, a Request for Proposal for
website redesign was issued. A Website Redesign Proposal Review Committee was
formed to rate the proposals received and choose the best vendor. Ms. Slayton
recommended the City Council approve the proposal received from CivicPlus as the
vendor for this task, and direct the Committee to secure a contract and begin the project.
MOTION: Councilmember DeMeritt moved the City Council approve the proposal
received from CivicPlus, and direct staff to work with CivicPlus to reduce
® costs and to consider PEG access funds as an alternative funding source.
The motion was seconded by Councilmember Winholtz.
Councilmember Grantham stated he would like to wait until Council's budget meeting on
May 8`s, which will give staff time to investigate PEG access funds as a possible funding
source.
VOTE: The motion failed with Councilmember Grantham, Councilmember Peirce
and Mayor Peters voting no. (2-3)
MOTION: Councilmember Peirce moved the City Council direct staff to determine
the feasibility of PEG access funding and return to Council on May 8,
2008. The motion was seconded by Councilmember Grantham and
carried unanimously. (5-0)
D-2 DISCUSSION ON LOW-INCOME ASSISTANCE ON WATER AND
WASTEWATER TREATMENT USER RATES; (FINANCE)
Finance Director Susan Slayton stated Council requested a discussion of the feasibility of
providing assistance to low-income ratepayers and the possibility of establishing a
donation bank. If the subsidy is solely based on the donation bank, the Finance
Department will collect funds in one month and apply to the bills due the next month. If
® the subsidy is a fixed percentage or dollar amount, it may exceed the amount in the
donation bank, at which time the General Fund would be forced to pay the difference.
The General Fund is currently unable to make any contributions. It is also not legal to
10
® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — APRIL 28, 2008
take that subsidy from the Water or Sewer Revenue funds without the approval of the
ratepayers. Ms. Slayton recommended the City Council receive this report and direct
staff accordingly.
Council discussed the feasibility of providing assistance to low-income ratepayers and
the possibility of establishing a donation bank.
Councilmember DeMeritt suggested placing on a future agenda a discussion on water and
sewer rates and the calculations used for these fees.
No action was taken on this item.
D-3 DISCUSSION ON FACILITATOR FOR THE JUNE 30, 2008 GOAL SETTING
AND STRATEGIC PLANNING WORKSHOP; (ADMINISTRATION)
Interim City Manager Andrea Lueker stated the City Council, Interim City Manager and
City Attorney attended a leadership workshop in Santa Barbara last November with five
other City Councils and various City staff members. One of the strongest
recommendations from the workshop was the importance of goal and objective setting as
well as strategic planning for Councils and city staff, those determined goals and
objectives then serve as the parameters for the upcoming year. Ms. Lueker recommended
the City Council review and decides on a facilitator for the Goal Setting and Strategic
Planning workshop scheduled for June 30, 2008.
MOTION: Councilmember Winholtz moved the City Council hire a facilitator to
facilitate the Council's Goal Setting and Strategic Planning workshop in
order a develop five-year goals for the City, and direct the City Manager
to interview other cities on the various facilitators. The motion was
seconded by Councilmember Peirce and carried unanimously. (5-0)
Councilmember Peirce suggested the City Manager contact Management Partners on
their costs without providing further interviews; Council concurred.
D4 DISCUSSION ON THE NORTH MAIN STREET BIKE LANE; (COUNCIL)
Councilmember Winholtz stated the North Main Street bike lane was brought to
Council's attention at its February 25, 2008 meeting as one of several unmet needs. With
the increase use of bikes as a mode of transportation and mode of recreation, it is time to
reconsider this unmet need. Councilmember Winholtz recommended the City Council
consider the feasibility of a previous designed bike lane on North Main Street.
is Main
Peters suggested obtaining cost estimates, contacting the businesses along North
Main Street regarding a proposed bike lane, and return this item to Council as a public
hearing.
11
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — APRIL 28, 2008
Councilmember Winholtz suggested pursuing San Luis Obispo Council of Governments
funding for this project.
MOTION: Councilmember Winholtz moved the City Council direct staff to pursue
the engineering and financing of a North Main Street bike lane, and return
to Council no later than June 2008. The motion was seconded by
Councilmember Grantham and carried unanimously. (5-0)
p
The meeting adjourned at 10:28 p.m.
Recorded by: f�
Bridgett Bauer
City Clerk
El
l
12
1/
® 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 safely consistent with and responsive to the needs of the public
REGULAR MEETING — APRIL 14, 2008
CLOSED SESSION — APRIL 14, 2008
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
6 parcels. -
® • Property: Whale's Tail - Lease Site 96/96W
Negotiating Parties: Mandella and City of Morro Bay.
Negotiations: Lease Terms and Conditions.
• Property: Salt Building - Lease Site 65-66/65W-66W
Negotiating Parties: Imam and City of Morro Bay.
Negotiations: Lease Terms and Conditions.
• Property: Rose's Landing - Lease Site 82-85/82W-85W
Negotiating Parties: Redican and City of Morro Bay.
Negotiations: Lease Terms and Conditions.
• Property: The Galley - Lease Site 91-92/91 W-92W
Negotiating Parties: Anderson and City of Morro Bay.
Negotiations: Lease Terms and Conditions.
• Property: Tognazzini Dock Side - Lease Site 134-136
Negotiating Parties: Tognazzini and City of Morro Bay.
Negotiations: Lease Terms and Conditions.
• Property: Crill's - Lease Site 137
® Negotiating Parties: Williams and City of Morro Bay.
Negotiations: Lease Terms and Conditions.
CS-2 GOVERNMENT CODE SECTION 54957.6. CONFERENCE WITH LABOR
® NEGOTIATOR. Conference with City Attorney, the City's Designated
Representative, for the purpose of reviewing the City's position regarding the terms
and compensation paid to employees and giving instructions to the Designated
Representative.
CS-3 GOVERNMENT CODE SECTION 54957, PERSONNEL ISSUES. Discussions
regarding Personnel Issues, including one (1) public employee, specifically the
appointment of a City Manager.
IT IS NOTED THAT THE CONTENTS OF CLOSED SESSION MEETINGS
ARE CONFIDENTIAL AND EXEMPT FROM DISCLOSURE.
E]
PUBLIC SESSION — APRIL 14, 2008
® 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 ORDINANCE NO. 537 FOR 4TH LEVEL SURVIVOR BENEFIT FOR PERS
® SAFETY EMPLOYEES; SECOND READING/ADOPTION; (ADMINISTRATION)
RECOMMENDATION: Approve second reading and adoption of Ordinance No. 537.
3
® A-2 PROCLAMATION OF THE CITY OF MORRO BAY DECLARING APRIL 2008
AS "MONTH OF THE CHILD" AND "CHILD ABUSE PREVENTION MONTH";
(ADMINISTRATION)
RECOMMENDATION: Adopt Proclamation.
A-3 PROCLAMATION OF THE CITY OF MORRO BAY DECLARING APRIL 18,
2008 AS "ARBOR DAY"; (ADMINISTRATION)
RECOMMENDATION: Adopt Proclamation.
A-4 ACCEPTANCE OF LETTER OF RESIGNATION FROM ONE HARBOR
ADVISORY BOARD MEMBER; (ADMINISTRATION)
RECOMMENDATION: Accept the letter of resignation.
B. PUBLIC HEARINGS. REPORTS & APPEARANCES
B-1 RESOLUTION NO. 18-08 APPROVING HARBOR DEPARTMENT COST OF
LIVING ADJUSTMENTS TO HARBOR FEES AND SERVICES CHARGES;
(HARBOR)
RECOMMENDATION: Adopt Resolution No. 18-08.
® C. UNFINISHED BUSINESS
C-1 CONCEPT APPROVAL OF CENTRAL COAST WOMEN FOR FISHERIES
ENTRANCE STATUE; (RECREATION & PARKS)
RECOMMENDATION: Review and approve the concept of the Central Coast
Women for Fisheries, Inc. harbor entrance statue.
C-2 REVIEW LETTER TO BOARD OF SUPERVISORS REGARDING A SKATE
PARK AT THE CAYUCOS CEMETERY; (COUNCIL)
RECOMMENDATION: Review and approve or amend the letter to the Board of
Supervisors regarding a skate park at the Cayucos cemetery.
D. NEW BUSINESS
D-1 STATUS OF COUNTY BUSINESS IMPROVEMENT DISTRICT; (CITY
ATTORNEY)
RECOMMENDATION: Review and direct staff accordingly.
E
4
D-2 REPORT ON NOISE ABATEMENT PROVISIONS OF MUNICIPAL CODE AS
THEY PERTAIN TO KENNELS AND GARDEN MACHINERY NOISE;
40 (POLICE)
RECOMMENDATION: Review and direct staff accordingly.
D-3 REPORT ON EFFECT OF APPEAL FEE REFUND POLICY ON LAND USE
PROCESSES; (PUBLIC SERVICES)
RECOMMENDATION: Receive report for information, and direct staff to report to
Council after the program has been in effect for one year.
D-4 DISCUSSION ON THE REMOVAL OF THE SAN JACINTO ROUNDABOUT
PROJECT FROM THE WORK LIST; (COUNCIL)
RECOMMENDATION: Direct staff to return with a resolution to remove the
proposed roundabout at San Jacinto and Main Streets from City documents.
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.
p J
COPIES OF STAFF REPORTS OR OTHER PUBLIC DOCUMENTATION
RELATING TO EACH ITEM OF BUSINESS REFERRED TO ON THIS AGENDA
ARE ON FILE IN THE OFFICE OF THE CITY CLERK AND AVAILABLE FOR
PUBLIC INSPECTION AND REPRODUCTION AT COST AT CITY HALL,
LIBRARY, AND MILLS STATIONERY.
IN COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT, IF YOU
NEED SPECIAL ASSISTANCE TO PARTICIPATE IN A CITY MEETING, PLEASE
CONTACT THE CITY CLERK'S OFFICE AT LEAST 24 HOURS PRIOR TO THE
MEETING TO INSURE THAT REASONABLE ARRANGEMENTS CAN BE MADE
TO PROVIDE ACCESSIBILITY TO THE MEETING.
C
® MINUTES - MORRO BAY CITY COUNCIL
CLOSED SESSION — APRIL 14, 2008
CITY HALL CONFERENCE ROOM - 5:00 P.M.
Mayor Peters called the meeting to order at 5:00 p.m
PRESENT: Janice Peters
Mayor
Melody DeMeritt
Councilmember
Rick Grantham
Councilmember
William Peirce
Councilmember
Betty Winholtz
Councilmember
STAFF: Andrea Lueker
Interim City Manager
Robert Schultz
City Attorney
CLOSED SESSION
MOTION: Councilmember Peirce moved the meeting be adjourned to Closed
Session. The motion was seconded by Councilmember Winholtz and
unanimously carried. (5-0)
Mayor Peters read the Closed Session Statement.
CS-1
11
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 6 parcels.
• Property: Whale's Tail - Lease Site 96/96W
Negotiating Parties: Mandella and City of Morro Bay.
Negotiations: Lease Terms and Conditions.
• Property: Salt Building - Lease Site 65-66/65W-66W
Negotiating Parties: Imani and City of Morro Bay.
Negotiations: Lease Terms and Conditions.
• Property: Rose's Landing - Lease Site 82-85/82W-85W
Negotiating Parties: Redican and City of Morro Bay.
Negotiations: Lease Terms and Conditions.
• Property: The Galley - Lease Site 91-92/91 W-92W
Negotiating Parties: Anderson and City of Morro Bay.
Negotiations: Lease Terms and Conditions.
® • Property: Tognazzini Dock Side - Lease Site 134-136
Negotiating Parties: Tognazzini and City of Morro Bay.
Negotiations: Lease Terms and Conditions.
• Property: Crill's - Lease Site 137
Negotiating Parties: Williams and City of Morro Bay.
Negotiations: Lease Terms and Conditions.
CS-2 GOVERNMENT CODE SECTION 54957.6; CONFERENCE WITH LABOR
NEGOTIATOR. Conference with City Attorney, the City's Designated
Representative, for the purpose of reviewing the City's position regarding the
terms and compensation paid to employees and giving instructions to the
Designated Representative.
CS-3 GOVERNMENT CODE SECTION 54957; PERSONNEL ISSUES.
Discussions regarding Personnel Issues, including one (1) public employee,
specifically the appointment of a City Manager.
The meeting adjourned to Closed Session at 5:00 p.m. and returned to regular session at
5:50 p.m.
MOTION: Councilmember Grantham moved the meeting be adjourned. The motion
® was seconded by Councilmember DeMeritt and unanimously carried. (5-0)
The meeting adjourned at 5:50 p.m.
11
® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — APRIL 14, 2008
VETERANS MEMORIAL HALL - 6:00 P.M.
Mayor Peters called the meeting to order at 6:10 p.m
PRESENT: Janice Peters
Mayor
Melody DeMeritt
Councilmember
Rick Grantham
Councilmember
William Peirce
Councilmember
Betty Winholtz
Councilmember
STAFF: Andrea Lueker
Interim City Manager
Robert Schultz
City Attorney
Jamie Boucher
Deputy 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
Jim Bianchi reviewed the history of Council action on the amendment to Tract 41, and
requested Council take action on the ordinance amending this subdivision.
Joe Antenello also reviewed the history of Council action on the amendment to Tract 41,
and requested Council move forward with the subdivision amendment.
Hank Roth stated the Neighborhood Watch had a booth at the Cookie Crock Grand
Opening that allowed citizens to view the benefits that the Neighborhood Watch Program
provides; he announced winners for drawings held.
Ani Lyn, Membership Director for the Chamber of Commerce, reviewed the monthly
statistics for the Visitor Center.
Pi
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — APRIL 14, 2008
Marla Jo Bruton addressed the study performed by Cleath & Associates on the Morro
Basin Nitrate Study. She reviewed an analysis written by she and her colleagues that
found serious concerns with this study.
Cathy Novak, Chair for the Central Coast Natural History Association, announced Mary
Golden has been hired as the Executive Director for the Central Coast Natural History
Association.
Mary Golden, Executive Director for the Central Coast Natural History Association,
stated she is looking forward to working with the State Parks and the local community on
issues such as the State of the State Parks Campaign.
Cathy Wells addressed her dissatisfaction with actions that have taken place in the City.
Susan Heineman announced the 22°d Annual AAWU Spring Garden Tour would be held
on April 27's. She said a significant amount of profits from the Garden Tour go to
finance scholarships to attend the Tech Trek Science Camp, and this year's scholarships
were awarded to Ella Mohlberg and Jennifer Baltimore.
® Ella Mohlberg and Jennifer Balatimore thanked the AAWU for allowing them the
opportunity to win this year's scholarship to attend the Tech Trek Science Camp.
Kelly Ann Rowe, Body Shop consultant, stating Body Shop has a non-profit organization
that sponsors Stop Violence in the Home, and this month they are selling soaps at a low
price to benefit this cause.
Susan Mahary and Marlyse Babastella, Central Coast Women for Fisheries, addressed
Item C-1 (Concept Approval of Central Coast Women for Fisheries Entrance Statue)
stated this memorial statue proposed for the Target Rock area would be a comfort and
support to those who have loved ones who are going out to sea or were lost at sea. They
thanked the City Council for the consideration of this project.
Judy Brown addressed Item D-2 (Report on Noise Abatement Provisions of Municipal
Code as they Pertain to Kennels and Garden Machinery Noise) and stated her
neighborhood has experienced noise problems coming from the Paw Spa for the past
several years. She said this issue was referred to County Animal Services who found the
kennel was not a nuisance. Ms. Brown stated the County Animal Services is being
investigated by the Grand Jury, County Board of Supervisors and the Humane Society of
the United States for operating complaints consistent with the complaints her
neighborhood has experienced.
(U
'® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — APRIL 14, 2008
Keith Taylor addressed an educational program on emergency situations that is beneficial
for all citizens. He said the Friends of the Police Department and Friends of the Fire
Department participated in the Morro Bay Yard Sale, and he thanked those who donated
to this worthy cause.
Emily Hanson, District Executive for the Boy Scouts, shared the 2007 report on the
accomplishments of the Boy Scouts. She also introduced Joe Hurnie who is a Cal Poly
student and an Eagle Scout.
Joe Hurnie shared his experience with the Boy Scouts and the opportunities provided to
him including many leadership opportunities, which has influenced his life.
Joan Solu addressed Item D-1 (Status of the County Business Improvement District) and
stated the Board of Supervisors because of a noticing error has continued this issue to
September. She also thanked those candidates in the Primary Election who are
supporting the tourist industry. Ms. Solu also addressed Council as the Chair of the
Recreation & Parks Commission regarding Item C-1 (Concept Approval of Central Coast
Women for Fisheries Entrance Statue) stating the Commission unanimously supported
this concept. And as a private citizen, Ms. Solu thanked the Police and Fire Departments
® and Mayor Peters for supporting the Ride of a Lifetime at the Del Mar Art Auction.
E{
John Barta addressed Item D-1 and expressed support for the implementation of a County
Business Improvement District in order to support tourism. He also addressed Item D-4
(Discussion on the Removal of the San Jacinto Roundabout Project from the Work List)
and stated Council should maintain this project on the work list until citizens have the
opportunity to see how the Morro Bay Boulevard/Quintana Road roundabout works.
Roger Ewing addressed Item D-2 and requested Council consider banning leaf blowers
because they are noisy and just blow leaves around. He also referred to Item D-3 (Report
on Effect of Appeal Fee Refund Policy on Land Use Processes) stating appellants who
win their appeal should have their fees refunded.
Bill Martony addressed Item C-2 (Review Letter to Board of Supervisors Regarding a
Skate Park at the Cayucos Cemetery) and reviewed the history of this surplus property.
He said Cayucos residents oppose the inappropriate location for this proposed skateboard
park and said Hardy Park would be a more appropriate location.
Richard Dunn addressed Item C-2 expressing his opposition to locating a skateboard park
next to the cemetery. He suggested working with local legislators to obtain funding to
place a skateboard park near Hardy Park.
5
® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — APRIL 14, 2008
Maridee. Leage invited the public to a luau on April 181s at the Harbor Hut to meet
George Leage who is a candidate running for mayor.
George Lewis addressed Item C-2 encouraging the City Council to send a letter to the
Board of Supervisors opposing the placement of a skateboard park next to the Cayucos
Cemetery.
Joey Racano expressed concern with the water and sewer treatment issues in the City and
the postponement of JPA meetings between the City of Morro Bay and the Cayucos
Sanitary District.
Mayor Peters closed the hearing for public comment.
MOTION: Councilmember Winholtz moved the City Council direct staff to present
the documents presented by the neighbors of Tract 41 to the Planning
Commission and return to Council with a recommendation by May 2008.
The motion was seconded by Councilmember. DeMeritt and carried
unanimously. (5-0)
® Mayor Peters called for a break at 7:30 p.m.; the meeting resumed at 7:40 p.m.
DECLARATION OF FUTURE AGENDA ITEMS
Councilmember Winholtz requested to agendize a status report on the AGP contract with
the City.
Councilmember Winholtz requested to agendize amending the Subdivision Ordinance
regarding Tract 41 for the May 12 City Council meeting.
Councilmember Peirce requested to agendize a discussion on funding in order to re-
establish the "Adopt a Tree Program".
Councilmember DeMeritt requested to agendize a discussion on establishing a
Redevelopment Agency sometime in late summer.
Councilmember Peirce requested to agendize a discussion on the concept of creating an
ad -hoc committee to determine what non -tourist industries is appropriate for the City.
tJ
® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — APRIL 14, 2008
A. CONSENT CALENDAR
Unless an item is pulled for separate action by the City Council, the following actions are
approved without discussion.
A-1 ORDINANCE NO. 537 FOR 4TH LEVEL SURVIVOR BENEFIT FOR PERS
SAFETY EMPLOYEES; SECOND READING/ADOPTION;
(ADMINISTRATION)
RECOMMENDATION: Approve second reading and adoption of Ordinance No.
537.
A-2 PROCLAMATION OF THE CITY OF MORRO BAY DECLARING APRIL
2008 AS "MONTH OF THE CHILD" AND "CHILD ABUSE PREVENTION
MONTH"; (ADMINISTRATION)
RECOMMENDATION: Adopt Proclamation.
A-3 PROCLAMATION OF THE CITY OF MORRO BAY DECLARING APRIL 18,
® 2008 AS "ARBOR DAY"; (ADMINISTRATION)
RECOMMENDATION: Adopt Proclamation.
A-4 ACCEPTANCE OF LETTER OF RESIGNATION FROM ONE HARBOR
ADVISORY BOARD MEMBER; (ADMINISTRATION)
11
RECOMMENDATION: Accept the letter of resignation.
Councilmember DeMeritt pulled Item A-3 from the Consent Calendar; Mayor Peters pulled
Item A-4.
MOTION: Councilmember Peirce moved the City Council approve Items A-1 and A-2
of the Consent Calendar. The motion was seconded by Councilmember
Winholtz and carried unanimously. (5-0)
A-3 PROCLAMATION OF THE CITY OF MORRO BAY DECLARING APRIL 18,
2008 AS "ARBOR DAY' ;.(ADMINISTRATION)
Councilmember DeMeritt stated she would like to remind people that the City is still in
the "no trimming" period as required by ordinance, and announced there would be Arbor
Day festivities at Del Mar Park on April 18 th
.
7
® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — APRIL 14, 2008
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-4 ACCEPTANCE OF LETTER OF RESIGNATION FROM ONE HARBOR
ADVISORY BOARD MEMBER; (ADMINISTRATION)
Mayor Peters thanked Trudi O'Brien for her service on the Harbor Advisory Board.
MOTION: Mayor Peters moved the City Council approve Item A4 of the Consent
Calendar. The motion was seconded by Councilmember Winholtz and
carried unanimously. (5-0)
B. PUBLIC HEARINGS. REPORTS & APPEARANCES
B-I RESOLUTION NO. 18-08 APPROVING HARBOR DEPARTMENT COST OF
LIVING ADJUSTMENTS TO HARBOR FEES AND SERVICES CHARGES;
(HARBOR)
® Harbor Director Rick Algert stated the Harbor Department fees and service charges have
not been adjusted since 2005-2006. He recommended the City Council adjust the Harbor
Department Master Fee Schedule by adopting Resolution No. 18-08, which proposed
increase is based on the change in Consumer Price Index (approximately 12 percent) to
account for overall cost of living increases since the last adjustment.
Mayor Peters opened the hearing for public comment; there were no comments, and
Mayor Peters closed the public comment hearing.
Councilmember Winholtz stated she supports stalFs recommendation for the commercial
fishing slip fees over what was recommended by the Harbor Advisory Board because it is
only 53% of what City -owned slips are paying.
Councilmember Peirce stated because of the condition of the fishing fleet and the limit on
fishing he could support the Harbor Advisory Board's recommendation to increase those
fees by 6.25%.
Councilmember Grantham stated he would like to waive the increase of fees for the
commercial fishing fleet.
Councilmember DeMeritt stated she supports the Harbor Advisory Board
recommendation to increase the fees for commercial fishing fleet by 6.25%. She said she
® supports waiving the dockage fees for Tall Ships visiting Morro Bay Harbor.
0
® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — APRIL 14, 2008
Mayor Peters stated she supports the Harbor Advisory Board recommendation.
MOTION: Councilmember Grantham moved the City Council approve the Harbor
Department Cost of Living adjustments for harbor fees and service
charges; waive the Consumer Price Index increase for the commercial
fishing fleet; and, waive the dockage fees for Tall Ships visiting Morro
Bay Harbor. The motion was seconded by Councilmember Peirce and
failed with Councilmember DeMeritt, Councilmember Winholtz and
Mayor Peters voting no. (2-3)
MOTION_ : Mayor Peters moved the City Council amend the Harbor Fee section of the
City's Master Fee Schedule as recommended by staff with the exception
that the commercial fishing fleet slip fees would be increased by 6.25%
according to the Harbor Advisory Board recommendation; and, waive the
dockage fees for Tall Ships visiting Morro Bay Harbor. The motion was
seconded by Councilmember Peirce and carried with Councilmember
Grantham and Councilmember Winholtz voting no. (3-2)
® C. UNFINISHED BUSINESS
r
L
C-1 CONCEPT APPROVAL OF CENTRAL COAST WOMEN FOR FISHERIES
ENTRANCE STATUE; (RECREATION & PARKS)
Acting Recreation & Parks Director Joe Woods stated the Central Coast Women for
Fisheries, Inc. has submitted correspondence to the City regarding the concept of placing
a memorial near the harbor entrance. The organization is a diverse group of women who
are involved in the commercial fishing industry. They are committed to promoting a
sense of the living culture of fishing communities. One of their goals is to erect a
memorial near the harbor entrance dedicated to "those who wait". In order to move
forward with the concept of a memorial in the location desired they need permission from
the City. Councilmembers expressed concern about the location desired by the group and
were assured by staff that precise location was not part of this approval and would be
decided later in the process.. Mr. Woods recommended the City Council approve the
concept of a memorial in order for the Central Coast Women for Fisheries, Inc. to
proceed with fundraising and design of the memorial.
MOTION: Councilmember Peirce moved the City Council approve the concept of a
memorial near the Harbor entrance so the Central Coast Women for
Fisheries, Inc. can proceed with fundraising and design. The motion was
seconded by Councilmember Grantham and carried unanimously. (5-0)
9
® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — APRIL 14, 2008
C-2 REVIEW LETTER TO BOARD OF SUPERVISORS REGARDING A SKATE
PARK AT THE CAYUCOS CEMETERY; (COUNCIL)
Councilmember Peirce presented a letter for Council's review addressed to the Board of
Supervisors regarding concerns with the proposed skateboard park at the Cayucos
Cemetery.
Councilmember Winholtz suggested reformatting the letter with questions that would
require a response from the County.
MOTION: Mayor Peters moved the City Council approve the letter to the Board of
Supervisors as written. The motion was seconded by Councilmember
Peirce and carried with Councilmember Winholtz voting no. (4-1)
D. NEW BUSINESS
D-1 STATUS OF COUNTY BUSINESS IMPROVEMENT DISTRICT; (CITY
ATTORNEY)
® City Attorney Robert Schultz stated at the January 14, 2008 meeting, the City Council
discussed a ballot measure to increase the Transient Occupancy Tax. After deliberation,
Council directed staff to bring back information on the status of the County Business
Improvement District (BID). A Business Improvement District would pool resources
from a one percent tax on hoteliers to promote the area to potential tourists. If approved,
it would bring in approximately $1.4 million annually for tourism promotion. The San
Luis Obispo County Board of Supervisors decided at its March 18, 2008 meeting to
revisit the decision to form a BID in September due to the lack of cohesion within the
area's tourism industry. Mr. Schultz recommended the City Council review the
information provided by staff and direct staff accordingly.
El
Council accepted the report, and no action was taken on this item.
D-2 REPORT ON NOISE ABATEMENT PROVISIONS OF MUNICIPAL CODE
AS THEY PERTAIN TO KENNELS AND GARDEN MACHINERY NOISE;
(POLICE)
Police Commander Tim Olivas stated a report has been prepared for Council review
outlining the noise abatement provisions of the Morro Bay Municipal Code as they
pertain to kennels and garden machinery noise. Commander Olivas recommended the
City Council review the information provided by staff and direct staff accordingly.
10
® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — APRIL 14, 2008
MOTION: Councilmember Peirce moved the City Council investigate the City's
noise abatement provisions of the Municipal Code as they pertain to
kennels and garden machinery noise, and return to Council with an
updated noise ordinance. The motion was seconded by Councilmember
Grantham and carried unanimously. (5-0) .
D-3 REPORT ON EFFECT OF APPEAL FEE REFUND POLICY ON LAND USE
PROCESSES; (PUBLIC SERVICES)
City Attorney Robert Schultz stated on October 8, 2007, the City Council lowered the
appeal fees to a set amount of $250. Prior to this action, Council established a policy on
August 27, 2007 to return any appeal fees to an appellant that was successful in having
the challenged decision reversed by upholding the appeal. At the same meeting, council
directed staff to provide an update on the abuse or negative financial impact on refunding
appeal fees. Since the lower set fees went in to effect on October 2007, staff estimates
the fiscal impact to be approximately $800. Staff time and the lost appeal fee revenue is
subsidized by the General Fund. Mr. Schultz recommended the.City Council receive this
report for information, and direct staff to report to Council after the program has been in
® .effect for one year.
MOTION: Councilmember Winholtz moved the City Council direct staff to refund
the appellant's appeal fee for the cell phone apparatus appeal at St. Peters
Episcopal Church at 545 Shasta Avenue, and return to Council in one year
with an update on the fiscal impact on appeal reimbursement. The motion
was seconded by Councilmember Peirce and carried unanimously. (5-0)
E
D4 DISCUSSION ON THE REMOVAL OF THE SAN JACINTO ROUNDABOUT
PROJECT FROM THE WORK LIST; (COUNCIL)
Councilmember Winholtz stated in the 1990's, three roundabouts were proposed for the
City of Morro Bay: San Jacinto and Main Streets; Highway 41 and Main Street; and
Quintana Road and Morro Bay Boulevard. She said due to public outcry, the proposed
roundabout at Highway 41 and Main Street was withdrawn. Those funds were transferred
to the Quintana Road and Morro Bay Boulevard roundabout, which is currently under
construction. Due to CalTrans' control of Highway 1, more pressing projects and fiscal
constraints, and public response, it would be prudent and efficient to remove the
proposed roundabout at San Jacinto and Main Streets from the City's tracking, planning
and budget documents. Councilmember Winholtz recommended the City Council direct
staff to draft a resolution for Council approval removing the proposed roundabout from
City documents.
11
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — APRIL 14, 2008
MOTION: Councilmember Winholtz moved the City Council direct staff to return to
Council with a resolution removing the proposed roundabout at San
Jacinto and Main Streets as a planning project on City documents. The
motion was seconded by Councilmember DeMeritt and carried with
Councilmember Grantham and Councilmember Peirce voting no. (3-2)
ADJOURNMENT
The meeting adjourned at 9:02 p.m.
Recorded by:
6W&UU�
Jamie Boucher
Deputy City Clerk
11
11
12
® City of Morro Bay
City Council Agenda
Mission Statement
The City of Morro Bay is dedicated to the preservation and enhancement of the quality
of life The City shall be committed to this purpose and will provide a level of
municipal service and safety consistent with and responsive to the needs of the public
REGULAR MEETING — MARCH 24, 2008
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 10, 2008 CITY COUNCIL
MEETING; (ADMINISTRATION)
RECOMMENDATION: Approve as submitted.
A-2 RESOLUTION NO. 13-08 ADOPTING THE MID -YEAR BUDGET
ADJUSTMENTS; (FINANCE)
RECOMMENDATION: Adopt Resolution No. 13-08.
® A-3 RESOLUTION NO. 17-08 DETERMINING THE INDUSTRIAL DISABILITY
OF LOCAL FIRE SAFETY MEMBER, PAUL DEIS; (ADMINISTRATION)
RECOMMENDATION: Adopt Resolution No. 17-08.
A4 AUTHORIZATION TO FELL THE ADMINISTRATIVE UTILITIES
TECHNICIAN POSITION; (PUBLIC SERVICES)
RECOMMENDATION: Authorize staff to rill the Administrative/Utilities
Technician vacancy.
A-5 UPDATE ON HARBORWALK EXTENSION PROJECT; (PUBLIC
SERVICES)
RECOMMENDATION: Receive report for information.
A-6 PROCLAMATION DECLARING APRIL 2008 AS "FAIR HOUSING
MONTH"; (ADMINISTRATION)
RECOMMENDATION: Adopt Proclamation.
2
A-7 PROCLAMATION DECLARING THE 50TH ANNIVERSARY OF THE
® ESTERO BAY UNITED METHODIST CHURCH; (ADMINISTRATION)
RECOMMENDATION: Adopt Proclamation.
B. PUBLIC HEARINGS. REPORTS & APPEARANCES
B-1 RESOLUTION NO. 16-08 APPROVING THE CDBG PROGRAM
APPLICATION FOR 2008; (PUBLIC SERVICES)
RECOMMENDATION: Adopt Resolution No. 16-08.
B-2 APPEAL OF THE PLANNING COMMISSION APPROVAL FOR A
CARETAKERS UNIT LOCATED AT 1140 FRONT STREET; (PUBLIC
SERVICES)
RECOMMENDATION: Uphold the Planning Commission decision and deny the
appeal.
B-3 CONCEPT PLAN APPROVAL OF GREAT AMERICAN FISH
COMPANY/VIRG'S FISHING PROJECT LOCATED AT 1185-1215
EMBARCADERO; (PUBLIC SERVICES)
® RECOMMENDATION: Approve the Concept Plan for the development
proposed at 1185 to 1215 Embarcadero Road based upon findings and
conditions.
B4 DISCUSSION ON THE MORRO VALLEY NITRATE ANALYSIS; (PUBLIC
SERVICES)
RECOMMENDATION: Adopt the 2007 Morro Basin Nitrate Study.
C. UNFINISHED BUSINESS
C-1 REVIEW LETTER TO BOARD OF SUPERVISORS REGARDING A SKATE
PARK AT THE CAYUCOS CEMETERY; (CITY COUNCIL)
RECOMMENDATION: Review letter and approve or modify accordingly.
D. NEW BUSINESS
D-1 REQUEST TO PURCHASE A RESCUE VEHICLE WITH THE USE OF A
PORTION OF MEASURE Q FUNDS; (FIRE)
RECOMMENDATION: Authorize the purchase of a rescue vehicle utilizing up
to $125,000 of Measure Q funds, with the condition that the Friends of the
® Fire Department contribute an additional $125,000 toward the purchase.
k]
® D-2 CONCEPT APPROVAL OF CENTRAL COAST WOMEN FOR FISHERIES
ENTRANCE STATUE; (RECREATION & PARKS)
RECOMMENDATION: Review the correspondence from the Central Coast
Women for Fisheries, Inc. and approve the concept of a memorial near the
harbor entrance.
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.
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4
® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — MARCH 24, 2008
VETERANS MEMORIAL HALL - 6:00 P.M.
E
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: Andrea Lueker
Robert Schultz
Bridgett Bauer
Rick Algert
Bruce Ambo
Bill Boucher
John DeRohan
Mike Pond
Mike Prater
Susan Slayton
Dylan Wade
Joe Woods
Interim City Manager
City Attorney
City Clerk
Harbor Director
Public Services Director
Capital Projects Manager
Police Chief
Fire Chief
Planning Manager
Finance Director
Senior Civil Engineer
Acting Recreation & Parks 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.
PUBLIC COMMENT
Hank Roth announced the Neighborhood Watch informational meeting would be held on
March 26's and the topic will be on the benefits of the Neighborhood Watch Program.
Spencer Sherman and Nicki Machada invited the public to the 2°d Annual Del Mar Art
Auction on April 6`s.
Richard Sadowski'addressed the bioxide process that involves the application of a nitrate
solution and is injected into wastewater. He said bioxide is primarily composed of
calcium nitrate commonly used as a synthetic fertilizer, and if too much is used it will
remain in the sewer lines.
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING —MARCH 24, 2008
Marla Bruton continued the discussion on the sources possible in nitrate contamination in
the City's groundwater.
Joey Racano addressed the City's damaged infrastructure on North Main Street, which is
a chronic problem to the City's water quality.
Sandra Brazil expressed opposition to the proposed boat haul -out facility along Coleman
Drive.
Gary Johnson stated the boardwalk is an investment to the City and its tourists.
Ray McKelligott announced a Candidates Forum sponsored by Advocates for a Better
Community would be held on April 5`s.
Susan Heinemann announced the 22°d Anr
also invited the public to the Neighborhood
Warehouse Grand Opening April 13 rd
.
ual Spring Garden Tour on April 27`s. She
Watch information table at the Cookie Crock
®. Ken Vesterfelt encouraged the candidates for City Council to participate in a ride along
with the Police Department. He announced the Cruisin' Car Show is approaching and
requested sponsors to purchases gift certificates at local businesses that will be presented
as awards.
Phil Kasperski expressed support for the Lynx request as a homeport in Morro Bay.
Nelson Sullivan addressed the City's water quality and the need to test for asbestos.
Mick Theis encouraged participation in the upcoming candidate forums in order to elect
candidates that will best serve the City.
Claire Grantham stated the Annual Police Awards Dinner was a great event.
John Barta reviewed the State Water supply report noting the City would be receiving
100% of its water delivery.
Mayor Peters closed the hearing for public comment.
Mayor Peters called for a break at 7:10 p.m.; the meeting resumed at 7:15 p.m.
11
® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — MARCH 24, 2008
DECLARATION OF FUTURE AGENDA ITEMS
Councilmember DeMeritt requested to agendize a discussion on placing Measure D on
the November 2008 General Election Ballot; Council concurred.
Councilmember Grantham requested to agendize a discussion on the analysis on trace
pharmaceuticals in drinking water; Council concurred.
Mayor Peters requested to agendize a discussion on water sewer rate contribution;
Council concurred.
Councilmember Winholtz requested to agendize a discussion on the City's lease
management policy; Council 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 MARCH 10, 2008 CITY COUNCIL
MEETING; (ADMINISTRATION)
RECOMMENDATION: Approve as submitted.
A-2 RESOLUTION NO. 13-08 ADOPTING THE MID -YEAR BUDGET
ADJUSTMENTS; (FINANCE)
RECOMMENDATION: Adopt Resolution No. 13-08.
A-3 RESOLUTION NO. 17-08 DETERMINING THE INDUSTRIAL DISABILITY
OF LOCAL FIRE SAFETY MEMBER, PAUL DEIS; (ADMINISTRATION)
RECOMMENDATION: Adopt Resolution No. 17-08.
A4 AUTHORIZATION TO FILL THE ADMINISTRATIVE UTILITIES
TECHNICIAN POSITION; (PUBLIC SERVICES)
RECOMMENDATION: Authorize staff to fill the Administrative/Utilities
Technician vacancy.
3
® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — MARCH 24, 2008
A-5 UPDATE ON HARBORWALK EXTENSION PROJECT; (PUBLIC
SERVICES)
RECOMMENDATION: Receive report for information.
A-6 PROCLAMATION DECLARING APRIL 2008 AS "FAIR HOUSING
MONTH"; (ADMINISTRATION)
RECOMMENDATION: Adopt Proclamation.
A-7 PROCLAMATION DECLARING THE 50TH ANNIVERSARY OF THE
ESTERO BAY UNITED METHODIST CHURCH; (ADMINISTRATION)
RECOMMENDATION: Adopt Proclamation.
Councilmember Winholtz pulled Items A-2 and A-5 of the Consent Calendar; Mayor
Peters pulled Items A-4 and A-7.
® MOTION: Councilmember DeMeritt moved the City Council approve Items A-1, A-3
and A-6 (as amended) of the Consent Calendar. The motion was seconded
by Councilmember Peirce and carried unanimously. (5-0)
A-2 RESOLUTION NO. 13-08 ADOPTING THE MID -YEAR BUDGET
ADJUSTMENTS; (FINANCE)
Councilmember Winholtz expressed opposition to the expense of a generator.
MOTION: Councilmember Winholtz moved the City Council approve Item A-2 with
the exception of the $95,000 expense for a generator. The motion was
seconded by Councilmember DeMeritt and carried unanimously. (5-0)
MOTION: Councilmember Grantham moved the City Council approve the $95,000
expense for a generator that would provide backup power to the Dial -A -
Ride facility, City Hall and Public Services facility. The motion was
seconded by Councilmember Peirce.
Councilmember Winholtz stated she approves obtaining a generator for the Dial -A -Ride
facility, but not for City Hall and the Public Services facility.
Councilmember DeMeritt stated she objects to expending $95,000 for an emergency
® generator without having information on what type of generator and the bids received for
this generator.
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® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — MARCH 24, 2008
VOTE: The motion carried with Councilmember DeMeritt and Councilmember
Winholtz voting no. (3-2)
A-4 AUTHORIZATION TO FILL THE ADMINISTRATIVE UTILITIES
TECHNICIAN POSITION; (PUBLIC SERVICES)
Mayor Peters suggested waiting for the results of the report from Management Partners
before filling this vacancy.
Councilmember Peirce stated it could take several months to implement the report.
Councilmember Grantham stated he supports filling this position.
Councilmember DeMeritt stated she would like to implement the study as soon as
possible.
Councilmember Winholtz requested staff clarification on providing a temporary person to
assist with this position.
® MOTION: Mayor Peters moved the City Council approve Item AA of the Consent
Calendar. The motion was seconded by Councilmember Grantham and
carried unanimously. (5-0)
A-5 UPDATE ON HARBORWALK EXTENSION PROJECT; (PUBLIC
SERVICES)
Council postponed discussion on this item and combined it with Item B-3.
A-7 PROCLAMATION DECLARING THE 50TH ANNIVERSARY OF THE
ESTERO BAY UNITED METHODIST CHURCH; (ADMINISTRATION)
Mayor Peters pulled.this item in order to make a presentation to representatives of the
Estero Bay United Methodist Church.
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)
5
® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — MARCH 24, 2008
B. PUBLIC HEARINGS. REPORTS & APPEARANCES
B-1 RESOLUTION NO. 16-08 APPROVING THE CDBG PROGRAM
APPLICATION FOR 2008; (PUBLIC SERVICES)
Public Services Director Bruce Ambo presented the 2008-2009 Community Development
Block Grant Program and General Allocation Application for $500,000 for Affordable
Housing Rehabilitation for Council review. He recommended the City Council adopt
Resolution No. 16-08 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 Community Development Block Grant Program.
Mayor Peters opened the hearing for public comment.
John Barta asked how the reduction in granny units would affect the Community
Development Block Grant Program.
Mayor Peters closed the public comment hearing.
® MOTION: Councilmember Peirce moved the City Council adopt Resolution No. 16-
08 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 Community Development Block Grant
Program. The motion was seconded by Councilmember Grantham and
carried unanimously. (5-0)
B-2 APPEAL OF THE PLANNING COMMISSION APPROVAL FOR A
CARETAKERS UNIT LOCATED AT 1140 FRONT STREET; (PUBLIC
SERVICES)
Planning Manager Mike Prater stated on January 7, 2008, the Planning Commission
approved the applicant's request to convert the interior space of the upper floor from two
motel vacation rentals to a security unit and add a hot tub, storage shed, deck and fence
behind the building; this approval was appealed on January 15, 2008. Mr. Prater
recommended the City Council uphold the Planning Commission decision and deny the
appeal.
Cathy Novak, representing the appellant, stated this appeal raises a number of issues from
general policies to zoning codes and previous project conditions that have gone unmet.
She asked the Council to consider if a conversion from hotel units to a residential use is
® appropriate, and if the conversion is found acceptable, then there should be a decision on
the square footage that Council considers fitting for the Embarcadero area. The topic of
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® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — MARCH 24, 2008
parking should also be considered. The project applicants are requesting that the
previously paid parking in -lieu fees be used to offset the required two residential parking
spaces. The City has collected in -lieu fees fairly routinely for commercial uses however;
the Council has prohibited other projects in the past from paying parking in -lieu fees for
residential uses. Other concerns are in regards to safety, specifically, the plans along the
bluff, drainage, access path and noise. In a residential district, hot tubs are required to
have a 15-foot setback but in this case, the applicants are using the commercial setbacks
and placing the tub 5 feet from the property line. There is concern with the easement. A
non-exclusive easement has been recorded on the Front Street property that allows for the
construction of a garden wall 17 '/2 feet from the rear property line at the southern point.
The proposed plans indicate that the hot tub screening fence is located 16 feet from the
rear property line. Since there is no indication on the plans that this easement exists, it
appears that the fencing would encroach into the easement area and this should be
resolved. Ms. Novak stated findings must be made that this project is consistent with
LCP, Zoning Ordinance, Beach Street Specific and Waterfront Master Plan policies.
The appellants object to the approval of this project because there is insufficient
information provided to make a proper assessment, inadequate protections in the way of
® project conditions, failure to adhere to prior project conditions and violations of parking
requirements, safety, visual and other general City polices.
E
Valerie Seymour, applicant, stated this appeal is based on the rear portion of this
proposed project. She said the plans are consistent with the Local Coastal Plan and the
City's Zoning Ordinance. Ms. Seymour stated approval of this proposed project is still
required by the Coastal Commission. She said while constructing the commercial
building, they restored the bluff face to a durable and stable shape. Ms. Seymour stated
the site drainage is designed to direct larger than 10-year flood events down their steps
down to Front Street. She said the caretakers' unit is 16% of the 7,600 square foot visitor
serving commercial building. Ms. Seymour stated they received approval for a caretaker
unit from the City and Coastal Commission in 2004 prior to a change in their plans. She
requested Council uphold the approval of the Planning Commission and deny the appeal.
Mayor Peters opened the hearing for public comment.
Bruce Elster stated the Local Coastal Plan encourages and promotes the use of visitor
serving commercial uses and residential uses are secondary. He said the applicant has 22
excess parking spaces for their commercial use; the drainage is adequate and is in perfect
working order; and, the bluff is stable and will continue to be stable.
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® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — MARCH 24, 2008
Roger Ewing stated he supports the appeal because residential uses should not be allowed
on the Embarcadero. He said a 1,200 square foot caretaker unit is setting precedence for
allowing a permanent residence on the Embarcadero.
Mayor Peters closed the public comment hearing.
Councilmember Grantham stated there are conditions needed; such as, there would be no
cutting into the bluff, there would be no commercial use of the proposed hot tub, and
there would be no lighting going up to the neighborhood.
Councilmember DeMeritt stated she has concern with the proposed outer structures such
as the tool shed and hot tub, and also with the proposed fire escape. She said the parking
spaces were purchased for a commercial use and should not be considered for a
residential use. Councilmember DeMeritt stated it is time to make decisions on what is
desired for the waterfront.
Councilmember Peirce stated he prefers having someone on -site at the hotel, and is
inclined to support the Planning Commission's approval with conditions.
® Councilmember Winholtz stated she would support a smaller scale caretaker unit with
parking from in -lieu fees. She said she does not support any structures in the back of the
building since this is a commercial use. Councilmember Winholtz stated the commercial
use should be strictly defined.
Mayor Peters stated she has concern with the size of the proposed caretaker unit. She
said she is not concerned with parking or the placement of the portable hot tub.
MOTION: Councilmember Grantham moved the City Council deny the appeal of the
Planning Commission approval for a caretakers unit located at 1140 Front
Street with conditions that the Fire Chief will review fire exits of said
caretakers unit; that there will be no cutting into the bluff for the hot tub or
tool shed; the hot tub is for private use only; and, there will be no
directional lighting into the residences above. The motion was seconded
by Councilmember Peirce and carried with Councilmember DeMeritt and
Mayor Peters voting no. (3-2)
Mayor Peters called for a break at 8:23 p.m.; the meeting resumed at 8:34 p.m
E
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — MARCH 24, 2008
MOTION: Councilmember Winholtz moved the City Council request a
reconsideration of the previous motion. The motion was seconded by
Councilmember DeMeritt and carried with Councilmember Grantham and
Councilmember Peirce voting no. (3-2)
MOTION: Councilmember Winholtz moved the City Council continue the
consideration of the appeal of the Planning Commission approval for a
caretakers unit located at 1140 Front Street to the April 28, 2008 City
Council meeting. The motion was seconded by Councilmember DeMeritt
and carried unanimously. (5-0)
B-3 CONCEPT PLAN APPROVAL OF GREAT AMERICAN FISH
COMPANY/VIRG'S FISHING PROJECT LOCATED AT 1185-1215
EMBARCADERO; (PUBLIC SERVICES)
Planning Manager Mike Prater stated the project site is located in the Commercial
Fishing/Harbor districts and is zoned with planned development overlay, which requires a
Conditional Use Permit. For new development or new uses on public lands or lands
® greater than one acre, the applicants must submit a concept plan and a precise plan. The
Planning Commission reviewed the proposed project at previous public hearings on
November 5, 2007 and January 22, 2008; conditionally approving the project with
substantial changes to the originally proposed project. Upon approval by the City
Council, the applicants would seek Coastal Development Permit approval from the
Coastal Commission before returning to the Planning Commission for precise plan
approval. The applicants have requested the City Council consider revisions to the
Planning Commission conditions of approval.
Cathy Novak, representing the applicants, stated this project proposal brings together 22
city leases to master plan a sizeable section of the City's northern waterfront area. Three
long-term prominent businesses, Virg's, Harbor Hut and Great American Fish Company
have joined together and created a vision that will promote the City's long term vision for
melding water dependant uses, recreational uses and visitor serving needs, along with
supporting our working waterfront, existing businesses and offer new public benefits.
The ultimate goal will be to revitalize an under improved area, enhance commercial and
recreational fisheries, and create new services for boaters. The proposal will transform
what is now an empty space between the existing building and the south T-Pier into a
unique combination of uses. The plan will add a fish market, sushi bar, and public
outdoor seating. The second part of the GAFCO plan will be to construct a new floating
dock for commercial boat tie-up. Virg's lease site is located between the GAFCO and
Harbor Hut restaurants, has an approximate 196-foot long dock. Virg's proposes to
® replace the main dock, live bait receiver dock and gangway that will serve as tie-up
facilities for Virg's boats. The Harbor Hut project will provide an essential link between .
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MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — MARCH 24, 2008
Virg's dock on the south and Virg's Tackle Shop and docks on lease sites 124 — 127W on
the north. Virg's will occupy the first floor for the tackle shop, charter boat business,
storage, offices, freezer and crew room for the boat employees. The second floor will be
designed for restaurant use. Above is the roof deck, which will provide protective
railings but no other amenities. And lastly, an elevator will be installed on the northeast
portion of the building for public access to the second story and roof top deck.
Additionally a new single story building approximately 450 square feet will replace the
old building at the southern edge of the lease site. The new building will incorporate the
existing uses (rod rentals and reel repair), remodeled unisex restrooms, and one new
section to provide coffee and pastry service. To the west of the new building will be a
customer waiting area and a glass wind break for their protection from the elements. The
third part of the proposal is to demolish the Thai Boat Restaurant building. With this
lease site razed, Virg's proposes to install underground fuel tanks in preparation for
opening a marine service station. Measure D says in part that the City shall not grant a
permit, unless such development or use is primarily for the purposes of serving or
facilitating licensed commercial fishing activities or noncommercial recreational fishing
activities, or is clearly incidental thereto. It additionally goes on to say that that there
should be no new restaurants and existing ones are nonconforming and shall not be
®expanded. Staff has provided a brief discussion on the exchange of square footage from
the existing site to a replacement site therefore it is consistent with Measure D. In
summary, the applicants have spent considerable time and effort in developing their plans
to meet the spirit of Measure D, support the working waterfront, provide significant
public benefits and help with the City's general desire to revitalize this area.
Mayor Peters opened the hearing for public comment.
Ray McKelligott stated this Concept Plan is illegal due to Measure D passed by a
majority vote in 1981.
Dorothy Cutter read a letter received by the City Council from Joe Giannini who was a
proponent of Measure D. Ms. Cutter stated an initiative overriding Measure D should be
placed on the ballot before any plan on the waterfront is considered.
Bonnie Tognazzini read Measure D for public information.
Mark Tognazzini stated the citizens voted for Measure D, and it should go before the
citizens in order to change it.
George Leage stated the businesses involved in this Concept Plan were established prior
to Measure D.
10
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — MARCH 24, 2008
Mayor Peters closed the public comment hearing.
The majority of the City Council agreed to approve the additional square footage of the
Great American Fish Company.
Councilmember Winholtz stated she does not support this Concept Plan based on
Measure D.
Cathy Novak noted the Concept Plan is proposed in two phases. Phase I includes the
additional square footage of the Great American Fish Company Fish Market, the floating
docks and the Harborwalk; Phase lI includes the new Virg's building and Thai Boat
restaurant and the underground fuel tanks.
MOTION: Councilmember Winholtz moved the City Council continue discussion of
Phase I of this Concept Plan to the April 14, 2008 City Council meeting.
The motion was seconded by . Councilmember Peirce and carried
unanimously. (5-0)
B-4 DISCUSSION ON THE MORRO VALLEY NITRATE ANALYSIS; (PUBLIC
SERVICES)
Senior Civil Engineer Dylan Wade stated until the advent of State water in the 1990's,
the City of Morro Bay relied exclusively on its well water from the Morro and Chorro
Valleys for drinking water. During the late 1990's and early 2000's well production in
the well field was reduced from its historic levels. More recently, during the November
2006 State Water shut down, nitrate levels spiked in the well field and led to a violation
of the health standard. As a result of this crisis, the City hired the firm of Cleath &
Associates to perform a geo-hydrological analysis of the Morro Valley. Over the course
of summer and fall of 2007, the firm conducted water quality sampling of irrigation wells
in the Morro Valley, performed detailed analysis of the molecular composition of the
nitrate, found and incorporated the fertilization rates of past and current agricultural
practices to determine that the nitrate found in the community's drinking water supply
originated in the over -application of nitrogen -based fertilizers. Mr. Wade recommended
the City Council adopt the 2007 Morro Basin Nitrate Study, and noted staff will pursue
remediation of the groundwater basin and protection of the City's drinking water sources.
MOTION: Councilmember Winholtz moved the City Council go beyond 11:00 p.m.
The motion was seconded by Councilmember DeMeritt and carried with
Councilmember Peirce voting no. (4-1)
Mayor Peters opened the hearing for public comment.
1
11
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — MARCH 24, 2008
Bill Martony stated the farming community has been in the area since the early 1900's,
and the Nagano family gave some of their wells to the City in exchange for development
rights. He said the upper basin is clean water and fertilizers are added to include nitrates;
perhaps some of the elevated nitrate water could be used for the avocado groves north of
the City. Mr. Martony also suggested testing the water for nitrates at the tap instead of at
the wells.
Joy Fitzhugh of the Farm Bureau stated the Bureau is willing to work with the
agricultural and regional water boards by conducting workshops focusing on irrigation
systems and fertilization policies.
Jill Wilson, Central Coast Regional Water Quality Control Board, noted the Board has an
Irrigated Agriculture Program that regulates irrigated agriculture in the area.
Mayor Peters closed the public comment hearing.
MOTION: Councilmember Winholtz moved the City Council adopt the 2007 Morro
Basin Nitrate Study and direct staff to engage the MRCS, the Central
Coast Regional Water Quality Control Board, and the Farm Bureau in
creating a dialogue for a subsequent plan. The motion was seconded by
Councilmember DeMeritt and carried unanimously. (5-0)
C. UNFINISHED BUSINESS
C-1 REVIEW LETTER TO BOARD OF SUPERVISORS REGARDING A SKATE
PARK AT THE CAYUCOS CEMETERY; (CITY COUNCIL)
MOTION: Mayor Peters moved the City Council continue this item to the April 14,
2008 City Council meeting. The motion was seconded by Councilmember
Grantham and carried unanimously. (5-0)
D. NEW BUSINESS
D-1 REQUEST TO PURCHASE A RESCUE VEHICLE WITH THE USE OF A
PORTION OF MEASURE Q FUNDS; (FIRE)
Fire Chief Mike Pond stated the City has an opportunity to replace its 13-year old Rescue
Squad 5351 utilizing a combination of public and private funds. The Friends of the
Morro Bay Fire Department, a 50103 non-profit organization are in contact with a
private foundation interested in funding this vehicle. Council's approval will provide
® assurance to the granting foundation of the City's commitment to participate in this
12
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — MARCH 24, 2008
cooperative project. The Measure Q Oversight Committee reviewed this project and
unanimously agreed that this project would be an appropriate use of Measure Q funds.
Chief Pond recommended the City Council authorize the purchase of a rescue vehicle
utilizing up to $125,000 of Measure Q funds, with the condition that the Friends of the
Morro Bay Fire Department contribute an additional $125,000 toward the purchase.
MOTION: Councilmember Peirce moved the City Council authorize the purchase of
a rescue vehicle utilizing up to $125,000 of Measure Q funds, with the
condition that the Friends of the Morro Bay Fire Department contribute an
additional $125,000 toward the purchase. The motion was seconded by
Councilmember Grantham and carried unanimously. (5-0)
D-2 CONCEPT APPROVAL OF CENTRAL COAST WOMEN FOR FISHERIES
ENTRANCE STATUE; (RECREATION & PARKS)
MOTION: Councilmember DeMeritt moved the City Council continue this item to
the April 14, 2008 City Council meeting. The motion was seconded by
Councilmember Grantham and carried unanimously. (5-0)
ADJOURNMENT
The meeting adjourned at 11:17 p.m.
Recorded by:
&�o
Bridgett Bauer
City Clerk
13
11
1 1
City of Morro Bay
Morro Bay, CA 93442
(805) 772-6200
NOTICE OF SPECIAL MEETING
NOTICE IS HEREBY GIVEN that the Morro Bay City Council will be
holding a Special Meeting on Monday. March 17, 2008 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 conducting interviews to fill the vacancy on
the Public Works Advisory Board.
DATED: March 12, 2008
Bridgett fiauer, 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.
® City of Morro Bay
City Council Agenda
Mission Statement
The City of Morro Bay is dedicated to the preservation and enhancement of the quality
of life The City shall be committed to this purpose and will provide a level of
municipal service and safety consistent with and responsive to the needs of the public
REGULAR MEETING — MARCH 10, 2008
CLOSED SESSION — MARCH 10, 2008
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 two (2) parcels.
Property: Embarcadero/Market.
Negotiating Parties: Market Pavilion and City of Morro Bay.
Negotiations: Voluntary Purchase and Sale.
CS-2 GOVERNMENT CODE SECTION 54957, PERSONNEL ISSUES.
Discussions regarding Personnel Issues including one (1) public employee
regarding evaluation, specifically the Interim City Manager.
IT IS NOTED THAT THE CONTENTS OF CLOSED SESSION MEETINGS
ARE CONFIDENTIAL AND EXEMPT FROM DISCLOSURE.
® PUBLIC SESSION — MARCH 10, 2008
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 OF THE FEBRUARY 11, 2008 AND FEBRUARY
® 25, 2008 CITY COUNCIL MEETINGS; (ADMINISTRATION)
RECOMMENDATION: Approve as submitted.
A-2 RESOLUTION NO. 13-08 ADOPTING THE _MID -YEAR BUDGET
ADJUSTMENTS; (FINANCE)
RECOMMENDATION: Adopt Resolution No. 13-08.
A-3 RESOLUTION NO. 15-08 DECLARING OUTDOOR CHILDREN'S BILL OF
RIGHTS; (RECREATION & PARKS)
RECOMMENDATION: Adopt Resolution No. 15-08.
B. PUBLIC HEARINGS. REPORTS & APPEARANCES
B-1 DISCUSSION ON EXISTING WATER CONSERVATION GUIDELINES;
(COUNCIL)
RECOMMENDATION: Review the current code regarding water emergencies.
B-2 RESOLUTION NO. 14-08: INTENTION TO APPROVE AMENDMENT TO THE
® PERS CONTRACT (4TH LEVEL SURVIVOR BENEFIT FOR LOCAL POLICE
MEMBERS); AND ORDINANCE NO. 537 AUTHORIZING AMENDMENT -
FIRST READING AND INTRODUCTION; (ADMINISTRATION)
11
RECOMMENDATION: Adopt Resolution No. 14-08, and approve Ordinance
No. 537 for first reading and introduction.
C. UNFINISHED BUSINESS — NONE.
D. NEW BUSINESS
D-1 RESOLUTION NO. 12-08 AUTHORIZING PROPOSED PROJECTS FOR
PROPOSITION 1B FUNDING; (FINANCE)
RECOMMENDATION: Adopt Resolution No. 12-08.
D-2 DISCUSSION ON GOALS AND OBJECTIVES WORKSHOP SCHEDULED
ON MARCH 31, 2008; (ADMINISTRATION)
RECOMMENDATION: Reschedule this workshop for late spring/early summer;
and, contract with Management Partners to pre -arrange, conduct and
facilitate the workshop process.
3
D-3 LETTER TO LOCAL STATE PARKS REGARDING UNMET NEEDS;
'® (COUNCIL)
RECOMMENDATION: Review proposed letter, 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.
r
E
® MINUTES - MORRO BAY CITY COUNCIL
CLOSED SESSION — MARCH 10, 2008
CITY HALL CONFERENCE ROOM - 5:00 P.M.
Vice -Mayor Grantham called the meeting to order at 5:00 p.m.
PRESENT: Rick Grantham Vice -Mayor
Melody DeMeritt Councilmember
William Peirce Councilmember
Betty Winholtz Councilmember
ABSENT: Janice Peters Mayor
STAFF: Andrea Lueker Interim 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 DeMeritt and
unanimously carried. (5-0)
Vice -Mayor Grantham 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 two (2) parcels.
Property: Embarcadero/Market.
Negotiating Parties: Market Pavilion and City of Morro Bay.
Negotiations: Voluntary Purchase and Sale.
CS-2 GOVERNMENT CODE SECTION 54957, PERSONNEL ISSUES.
Discussions regarding Personnel Issues including one (1) public employee
regarding evaluation, specifically the Interim 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 DeMeritt and unanimously carried. (5-0)
The meeting adjourned at 6:00 p.m.
® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — MARCH 10, 2008
VETERANS MEMORIAL HALL - 6:00 P.M.
Vice -Mayor Grantham called the meeting to order at 6:05 p.m.
PRESENT:
ABSENT:
STAFF:
Rick Grantham
Melody DeMeritt
William Peirce
Betty Winholtz
Janice Peters
Andrea Lueker
Robert Schultz
Bridgett Bauer
John DeRohan
Sue Lichtenbaum
Mike Pond
Joe Woods
ESTABLISH QUORUM AND CALL TO ORDER
® MOMENT OF SILENCE
PLEDGE OF ALLEGIANCE
11
Vice -Mayor
Councilmember
Councilmember
Councilmember
Mayor
Interim City Manager
City Attorney
City Clerk
Police Chief
Acting Harbor Director
Fire Chief
Acting Recreation & Parks 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
Keith Taylor addressed the importance of educating senior citizens on emergency calls
and the "Are You OK" program. He referred to the use of Measure Q funds and said the
Measure Q Oversight Committee is doing a good job in overseeing these funds. Mr.
Taylor wished the candidates running for Mayor and City Council good luck.
Joyce Lundy referred to the upcoming Kite Festival and the importance of involving the
children. She said the day prior to the Kite Festival four schools in the area will be
involved in learning how kites fly, and they will be giving away over 2,000 kites to the
children. Ms. Lundy requested the City Council consider donating some of their
discretionary funds to help incur the cost for these kites.
Jack Barrett announced his candidacy for City Council. He announced upcoming events
sponsored by the Friends of the Police Department.
® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — MARCH 10, 2008
Hunter Kilpatrick announced a newly formed non-profit public benefit corporation to
provide recovery resources for the individual and community. He invited the public to
the first annual TRAC spring barbeque fundraiser on March 22ad at the Veterans'
Memorial Building.
Mick Theis announced his candidacy for City Council.
Jude Long announced the Morro Bay Library would be conducting an Input Meeting on
March 18`h to receive information from the public on future expectations of the library.
She also noted there is an on-line survey at slolibrary.org.
John Barta referred to the June 3`d Primary Election and said there is still time to pull
papers to run for a seat on the City Council. He also referred to the numerous CHP
located on Highway One at the entrance of the City.
Mickey Hooks invited the public to attend the planting of a peace pole at the Estero Bay
United Methodist Church on March 15's.
® Greg Bushow stated the homes being built out at the Chorro Creek Ranch are to provide
affordable housing.
Nancy Johnson announced upcoming gardening and floral events
David Nelson referred to the Harborwalk Project and noted the City Council should
consider the City's infrastructure. He said once -through cooling is destroying the sea life
and negatively affecting the fishing industry.
Dana Putnam stated the Surfrider Foundation's primary concern is with water quality and
coastal access, and noted the need for further consideration on the proposed boatyard and
haul -out facility near Coleman Park.
Noah Smukler announced his candidacy for City Council. He also referred to the
proposed boat haul -out facility and said he supports the plan as long as it does not impact
the watershed or water quality.
Vice -Mayor Grantham closed the hearing for public comment.
Vice -Mayor Grantham called for a break at 7:07 p.m.; the meeting resumed at 7:15 p.m
2
3
® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — MARCH 10, 2008
DECLARATION OF FUTURE AGENDA ITEMS
Councilmember Peirce requested to agendize a discussion on the concept of creating an
Ad -Hoc Committee to determine what non -tourist industry businesses are appropriate for
the City and how to bring them to Morro Bay; Councilmember DeMeritt and Vice -Mayor
Grantham concurred.
Vice -Mayor Grantham requested to agendize a discussion on requiring businesses to
obtain business licenses that make deliveries in the City; Councilmember Peirce 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 OF THE FEBRUARY 11, 2008 AND FEBRUARY
25, 2008 CITY COUNCIL MEETINGS; (ADMINISTRATION)
® RECOMMENDATION: Approve as submitted.
A-2 RESOLUTION NO. 13-08 ADOPTING THE MID -YEAR BUDGET
ADJUSTMENTS; (FINANCE)
El
RECOMMENDATION: This item was pulled from the agenda.
A-3 RESOLUTION NO. 15-08 DECLARING OUTDOOR CHILDREN'S BILL OF
RIGHTS; (RECREATION & PARKS)
RECOMMENDATION: Adopt Resolution No. 15-08.
Councilmember Winholtz pulled Item A -I from the Consent Calendar.
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. (4-0)
4
® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING - MARCH 10, 2008
A-1 APPROVAL OF MINUTES OF THE FEBRUARY 11, 2008 AND FEBRUARY
25, 2008 CITY COUNCIL MEETINGS; (ADMINISTRATION)
Councilmember Winholtz noted that Mayor Peters had requested a correction to the minutes
of February 25, 2008, page 7 as follows:
Mayor Peters stated she supports the idea of educating the public on how a roundabout
works. She said much of the funding for this project is from the San Luis Obispo
Council of Governments. If we don't use it, it is lost not iust to us, but to the county,
which would not reflect well on Morro Bay for future project funding consideration.
MOTION: Councilmember Winholtz moved the City Council approve Item A-1 of
the Consent Calendar as amended. The motion was seconded by
Councilmember Peirce and carried unanimously. (4-0)
B. PUBLIC HEARINGS. REPORTS & APPEARANCES
B-1 DISCUSSION ON EXISTING WATER CONSERVATION GUIDELINES;
® (COUNCIL)
Councilmember Winholtz stated in the last two years, the City has experienced an
increase beyond allowable limits of mineral content of water from City wells. In
addition, the State Water Project, the City's primary source of water has reduced water
allotments to all buyers. It is timely to review what responsibility and authority the City
Council has. Also, it is timely to make the public aware of what they can contribute
toward avoiding a low water level. Councilmember Winholtz recommended the City
Council review the current code regarding water emergencies; understand that water
conservation is only supported within the context of an emergency and not as a general
rule; and, understand the role of the City Council in determining a `low water level" and
subsequent conservation powers.
Vice -Mayor Grantham opened the hearing for public comment.
John Barta stated the City has a multiple redundant supply of water, and it is misleading to
show reservoir totals when it has nothing to do with the City's water supply. He said the per
capita use of water in the City is one of the lowest of any municipality in the State.
® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — MARCH 10, 2008
Noah Smukler stated water is a vital resource to community health and viability and this
resource should always be kept in mind because with the constant change in resource
availability, expense and the possibility of a natural disaster within California. He said there
is always room for improvement and requested the City Council maintain water as a source
of consideration.
Roger Ewing expressed his support in the continuing consideration of the City's water
supply and conservation. He said water is a finite resource and we are not guaranteed any
amount of water delivered to the City. Mr. Ewing urged the City Council to continue
encouraging conservation.
Vice -Mayor Grantham closed the public comment hearing.
Councilmember DeMeritt referred to a certified study on drinking water in the United
States that showed that every municipality had signs of antibiotics and drugs that is being
ingested by the public. She said the City relies on wells that are contaminated with
nitrates, the desalination plant is expensive to run, and State Water is not reliable.
Councilmember DeMeritt suggested Council declare a low water condition and send a
® mailer with the water bills educating the public on the importance of conserving water.
Councilmember Peirce stated the water shortage the City faces is when the water level
drops in the aquifers from over pumping. He said the infiltration in the sewer pipes
shows that water levels are up to near maximum. Councilmember Peirce stated past
conservation guidelines were enforced by a staff member that he feels the City is not
ready to pursue.
Councilmember Winholtz stated she brought this item forward in order to be proactive in
the statewide campaign of water conservation awareness. She said there is concern with
the quality of the City's water as much as the quantity. Councilmember Winholtz stated
perhaps an educational program on water conservation would be a more proactive
approach.
Councilmember Grantham stated there are already informal conservation guidelines
being pursued by businesses in the City. He said reports are showing that
pharmaceuticals are difficult to remove from water sources, which shows trace amounts
in drinking water and what are the affects of ingesting this water in the long run.
Councilmember Grantham stated his concern is water quality versus water quantity at this
time.
3
® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — MARCH 10, 2008
MOTION: Councilmember DeMeritt moved the City Council direct staff to add to the
next water bill, if feasible, a statement that the City has received 20% less
rainfall than average and water conservation is still important; and
continue to place this message and rain totals on water bills until the next
rain season. The motion was seconded by Councilmember Winholtz and
carried unanimously. (4-0)
B-2 RESOLUTION NO. 14-08: INTENTION TO APPROVE AMENDMENT TO THE
PERS CONTRACT (4TH LEVEL SURVIVOR BENEFIT FOR LOCAL POLICE
MEMBERS); AND ORDINANCE NO. 537 AUTHORIZING AMENDMENT -
FIRST READING AND INTRODUCTION; (ADMINISTRATION)
Imerim City Manager Andrea Lueker stated Resolution No. 14-08 and Ordinance No. 537 is
to enact the benefit provided in Section 13.6.3 of the Memorandum of Understanding
(MOU) between the City of Morro Bay and the Morro Bay Peace Officers Association. The
MOU was adopted by the City Council on November 13, 2007 by Resolution No. 59-07.
This benefit provides certain survivors of a member who dies prior to retirement a monthly
payment. This benefit would go into effect May 31, 2008. Ms. Lueker recommended the
City Council adopt Resolution No. 14-08, which is a Resolution of Intention to amend the
PERS contract in regard to the 0 Level Survivor Benefit for PERS Police members, and
approve the first reading and introduction of Ordinance No. 537 authorizing this
amendment.
Vice -Mayor Grantham opened the hearing for public comment; there being no comment,
Vice -Mayor Grantham closed the public comment hearing.
MOTION: Vice -Mayor Grantham moved the City Council adopt Resolution No. 14-
08, which is a Resolution of Intention to amend the PERS contract in
regard to the 4's Level Survivor Benefit for PERS Police members, and
approve the first reading and introduction of Ordinance No. 537 by
number and title only authorizing this amendment. The motion was
seconded by Councilmember Peirce and carried unanimously. (4-0)
Interim City Manager Andrea Lueker read Ordinance No. 537 by number and title only.
C. UNFINISHED BUSINESS — None.
® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — MARCH 10, 2008
I�
U
D. NEW BUSINESS
D-1 RESOLUTION NO. 12-08 AUTHORIZING PROPOSED PROJECTS FOR
PROPOSITION 1B FUNDING; (FINANCE)
City Engineer Rob Livick stated Prop 1B is State money that is provided to cities to make
safety improvements and repairs to local transportation facilities. California's 2007
budget appropriated Prop 1B funding for the 2007/08 fiscal year to counties and cities;
the minimum funding per city is $400,000, which is the amount that the City of Morro
Bay is to receive. In order for the City to receive these funds, Council is required to
approve their use, and staff must submit evidence of that approval to the California
Department of Finance (DOF). Once the proof of approval is received, DOF will notify
the State Controller's Office, who will then transmit the funds to the City. Per Prop 1B
requirements, the 2007/08 allocations must be expended by June 11, 2011. The projects
submitted for funding are Morro Bay Boulevard Overlay with ADA upgrades from Kern
Avenue to Main Street; Morro Bay Boulevard Slurry seal from Main Street to Market
Avenue; and, Main Street Overlay with ADA upgrades from Surf Street to Highway 1
southbound ramp. Mr. Livick recommended the City Council adopt Resolution No. 12-
08 and add the capital improvement projects into the 2007/08 budget.
The City Council discussed the projects proposed by staff, and also projects they would
prefer.
MOTION: Councilmember DeMeritt moved the City Council adopt Resolution No.
12-08 approving the proposed capital improvement projects to be funded
with Proposition 1B funds with the amendment that the Main Street
Overlay with ADA upgrades project is replaced with an overlay of Avalon
Street from top to bottom, and use the remaining $54,000 for projects
recommended by staff for improvement of that section of Main Street.
The motion was seconded by Councilmember Winholtz.
Councilmember Peirce stated Council should support the projects as proposed by staff.
VOTE: The motion failed for lack of a majority vote with
Councilmember DeMeritt and Councilmember Winholtz
voting yes, and Vice -Mayor Grantham and Councilmember
Peirce voting no. (2-2)
93
MINUTES - MORRO BAY CITY. COUNCIL
REGULAR MEETING — MARCH 10, 2008
MOTION: Councilmember DeMeritt moved the City Council adopt Resolution No.
12-08 approving the proposed capital improvement projects to be funded
with Proposition 1B funds with further direction to staff to maintain the
overlay of Avalon Street on top of the priority list for funding next year.
The motion was seconded by Councilmember Peirce.
Councilmember Winholtz stated she would support a motion that would approve the
Morro Bay Boulevard Overlay with ADA upgrades from Kern Avenue to Main Street,
and the Morro Bay Boulevard Slurry seal from Main Street to Market Avenue projects
and continue the third project when Council has a fifth vote or negotiate the use of the
remaining funds.
VOTE: The motion carried with Councilmember Winholtz voting no.
(3-1)
D-2 DISCUSSION ON GOALS AND OBJECTIVES WORKSHOP SCHEDULED
ON MARCH 31, 2008; (ADMINISTRATION)
® Acting City Manager Andrea Lueker stated the City Council, Interim City Manager and City
Attorney attended a leadership workshop in Santa Barbara in November with five other City
Council's and various City staff members. One of the strongest recommendations from the
workshop was the importance of goal and objective setting as well as strategic planning for
Councils and City staff. Those determined goals and objectives then serve as the parameters
for the upcoming year. Following the Santa Barbara Leadership Workshop, this item was
brought up as a future agenda item and placed on the agenda planning guide to occur on a
5t° Monday. Ms. Lueker recommended the City Council reschedule this workshop for late
spring/early summer, which would allow the City Council to have the results from the
Organizational Assessment; enter into the process with the newly appointed City Manager;
and, have a general idea of the budget status for fiscal year 2008/2009.
MOTION: Councilmember DeMeritt moved the City Council schedule the Goals and
Objectives Workshop on June 30, 2008. The motion was seconded by
Councilmember Peirce and carried with Councilmember Winholtz voting
no. (3-1)
MOTION: Councilmember DeMeritt moved the City Council direct staff to obtain a
contract with Jan Perkins of Management Partners that consists of fewer
tasks and lower cost.
City Attorney Robert Schultz recommended the City Council direct staff to obtain a few
more Request for Proposals to conduct and facilitate the workshop as a cost comparison.
F]
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING —MARCH 10, 2008
Councilmember DeMeritt withdrew her motion.
MOTION: Councilmember Peirce moved the City Council direct staff to prepare a
Request for Proposal and send it out to facilitators, and return with a
proposal for Council consideration. The motion was seconded by
Councilmember DeMeritt and carried unanimously. (4-0)
D-3 LETTER TO LOCAL STATE PARKS REGARDING UNMET NEEDS;
(COUNCIL)
Councilmember Winholtz stated at the February 25, 2008 meeting, the City Council
considered the 2008 Unmet Needs as identified by the Morro Bay Citizens Bike
Committee and submitted to the San Luis Obispo Council of Governments.
Unanimously Council voted to send a letter to the Parks Superintendent for the City's
sector encouraging paving Lower State Park Road and creating a bike trail along Lower
State Park Road; both being recommended by the Bike Committee. Councilmember
Winholtz presented a draft letter for Council consideration, and recommended approving
or amend as necessary, and sending the letter to the local Parks Superintendent with a
copy being sent to San Luis Obispo Council of Governments and the Coastal
Conservancy.
Councilmember DeMeritt recommended the last paragraph include language that the
Superintendent contacts the City Manager with regard to Council's suggestions.
MOTION: Councilmember Winholtz moved the City Council approve the letter with
an amendment that the Superintendent contacts the City Manager with
regard to Council's suggestions. The motion was seconded by
Councilmember Peirce and carried unanimously. (4-0).
�i Lihriakiaw
The meeting adjourned at 9:37 p.m.
&Jft
Bridgett Bauer
City Clerk
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 — FEBRUARY 25, 2008
CLOSED SESSION — FEBRUARY 25, 2008
CITY HALL CONFERENCE ROOM — 4.30 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 two (2) parcels.
• Property: Navy Fuel Depot Property along Panorama Drive
is Negotiations:
Parties: US Government and City of Morro Bay.
Negotiations: Voluntary Purchase and Sale.
Property: Cloisters Subdivision.
Negotiating Parties: General Public and City of Morro Bay.
Negotiations: Voluntary Purchase and Sale.
CS-2 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
(1) matter.
• Parties: City of Morro Bay and Morro Valley Property Owners
Issue: Determining whether to file legal action.
CS-3 GOVERNMENT CODE SECTION 54956.9(A); CONFERENCE WITH
LEGAL COUNSEL REGARDING PENDING LITIGATION.
• CITY OF MORRO BAY vs. SPRINT
• CITY OF MORRO BAY vs. MARTONY
IT IS NOTED THAT THE CONTENTS OF CLOSED SESSION MEETINGS
ARE CONFIDENTIAL AND EXEMPT FROM DISCLOSURE.
PUBLIC SESSION — FEBRUARY 25, 2008
® VETERANS MEMORIAL HALL - 6:00 P.M.
209 SURF ST., MORRO BAY, CA
ESTABLISH QUORUM AND CALL TO ORDER
MOMENT OF SILENCE
PLEDGE OF ALLEGIANCE
MAYOR AND COUNCILMEMBERS ANNOUNCEMENTS & PRESENTATIONS
CLOSED SESSION REPORT
PUBLIC COMMENT PERIOD - Members of the audience wishing to address the
Council on City business matters (other than Public Hearing items under Section B) may
do so at this time.
To increase the effectiveness of the Public Comment Period, the following rules shall be
followed:
• When recognized by the Mayor, please come forward to the podium and state
your name and address for the record. Comments are to be limited to three
minutes.
• All remarks shall be addressed to Council, as a whole, and not to any
individual member thereof.
• The Council respectfully requests that you refrain from making slanderous,
profane or personal remarks against any elected official, commission and/or
staff.
® • Please refrain from public displays or outbursts such as unsolicited applause,
comments or cheering.
• Any disruptive activities that substantially interfere with the ability of the City
Council to carry out its meeting will not be permitted and offenders will be
requested to leave the meeting.
• Your participation in City Council meetings is welcome and your courtesy
will be appreciated.
In compliance with the Americans with Disabilities Act, if you need special assistance to
participate in this meeting, please contact the City Clerk, (805) 772-6205. Notification 72
hours prior to the meeting will enable the City to make reasonable arrangements to ensure
accessibility to this meeting.
COUNCIL DECLARATION OF FUTURE AGENDA ITEMS
A. CONSENT CALENDAR
Unless an item is pulled for separate action by the City Council, the following actions are
approved without discussion.
AA APPROVAL OF MINUTES FOR THE CITY COUNCIL MEETING OF JANUARY
28, 2008; (ADMINISTRATION)
® RECOMMENDATION: Approve as submitted.
A-2 PROPOSED BUDGET CALENDAR FOR FY 2008/09; (FINANCE)
RECOMMENDATION: Approve the schedule of events leading to adoption of the bi-
annual budget.
A-3 RESOLUTION NO. 11-08 AUTHORIZING THE CITY OF MORRO BAY TO
ENTER INTO A DEPARTMENT OF BOATING AND WATERWAYS CONTRACT
ACCEPTING A GRANT FOR VESSEL EQUIPMENT; (HARBOR)
RECOMMENDATION: Adopt Resolution No. 11-08.
A-4 PROCLAMATION DECLARING SPAY DAY USA
RECOMMENDATION: Adopt Proclamation.
B. PUBLIC HEARINGS. REPORTS & APPEARANCES
B-1 MID -YEAR BUDGET REVIEW
RECOMMENDATION: Review and approve recommended adjustments, and direct
staff to return with a resolution to authorize the approved budget adjustments.
B-2 MORRO BAY BOULEVARD/QUINTANA ROAD ROUNDABOUT
® PROJECT: PRESENTATION ON DESIGN MODIFICATIONS AND
DISCUSSION OF FINANCIAL ASPECTS, RIGHT-OF-WAY ACQUISITION,
LANDSCAPE TREATMENT AND. REQUESTED ADDITIONAL PROJECT
TASKS
RECOMMENDATION: Receive presentation on design modifications and
construction contract status; authorize the City Engineer to execute right-of-way
documents for this project; and, direct staff as to scope of landscape treatment
and utility replacements.
C. UNFINISHED BUSINESS
C-1 REVIEW OF NEW TROLLEY ROUTES
RECOMMENDATION: Approve the three new trolley routes.
D. NEW BUSINESS
D-1 DISCUSSION OF SAN LUIS OBISPO GREEN BUILD CONTRACT AND
POTENTIAL IMPLICATIONS
RECOMMENDATION: Direct staff to modify the Memorandum of Understanding
® with San Luis Obispo Green Build.
3
D-2 DISCUSSION AND ACTION REGARDING ACQUISITION OF SURPLUS
® NAVY FUEL DEPOT PROPERTY ALONG PANORAMA DRIVE
RECOMMENDATION: Discuss and direct staff as to whether the City should seek
acquisition of this property.
D-3 DISCUSSION ON EXISTING WATER CONSERVATION GUIDELINES
RECOMMENDATION: This item was pulled from the agenda.
D4 REVIEW MORRO BAY BIKE COMMITTEE'S LETTER AND REVIEW
PRIORITIES
RECOMMENDATION: Consider list of recommendations and identify which projects
to support.
D-5 DISCUSSION ON CAYUCOS CEMETERY/SKATEBOARD PARK
RECOMMENDATION: Discuss and determine if Council wants to comment on this
project.
D-6 SELECTION OF COUNCIL MEMBERS FOR THE LEADERSHIP COUNCIL
TO END HOMELESSNESS IN SAN LUIS OBISPO COUNTY
® RECOMMENDATION: Appoint Council Members to sit on the Leadership Council.
E. ADJOURNMENT
THIS AGENDA IS SUBJECT TO AMENDMENT UP TO 72 HOURS PRIOR TO
THE DATE AND TIME SET FOR THE MEETING. PLEASE REFER TO THE
AGENDA POSTED AT CITY HALL FOR ANY REVISIONS OR CALL THE
CLERK'S OFFICE AT 772-6200 FOR FURTHER INFORMATION.
COPIES OF STAFF REPORTS OR OTHER PUBLIC DOCUMENTATION
RELATING TO EACH ITEM OF BUSINESS REFERRED TO ON THIS
AGENDA ARE ON FILE IN THE OFFICE OF THE CITY CLERK AND
AVAILABLE FOR PUBLIC INSPECTION AND REPRODUCTION AT COST AT
CITY HALL, LIBRARY, AND MILLS STATIONERY.
IN COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT, IF
YOU NEED SPECIAL ASSISTANCE TO PARTICIPATE IN A CITY MEETING,
PLEASE CONTACT THE CITY CLERK'S OFFICE AT LEAST 24 HOURS
PRIOR TO THE MEETING TO INSURE THAT REASONABLE
ARRANGEMENTS CAN BE MADE TO PROVIDE ACCESSIBILITY TO THE
® MEETING.
4
® MINUTES - MORRO BAY CITY COUNCIL
CLOSED SESSION — FEBRUARY 25, 2008
CITY HALL CONFERENCE ROOM - 5:00 P.M.
Mayor Peters called the meeting to order at 5:00 p.m
PRESENT: Janice Peters
Mayor
Melody DeMeritt
Councilmember
Rick Grantham
Councilmember
William Peirce
Councilmember
Betty Winholtz
Councilmember
STAFF: Andrea Lueker
Interim City Manager
Robert Schultz
City Attorney
CLOSED SESSION
MOTION: Councilmember Peirce moved the meeting be adjourned to Closed
Session. The motion was seconded by Councilmember Winholtz and
unanimously carried. (5-0)
Mayor Peters read the Closed Session Statement.
® CS-1 GOVERNMENT CODE SECTION 54956.8; REAL PROPERTY
TRANSACTIONS. Instructing City's real property negotiator regarding the
price and terms of payment for the purchase, sale, exchange, or lease of real
property as to two (2) parcels.
• Property: Navy Fuel Depot Property along Panorama Drive
Negotiating Parties: US Government and City of Morro Bay.
Negotiations: Voluntary Purchase and Sale.
• Property: Cloisters Subdivision.
Negotiating Parties: General Public and City of Morro Bay.
Negotiations: Voluntary Purchase and Sale.
CS-2 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
(1) matter. .
• Parties: City of Morro Bay and Morro Valley Property Owners
Issue: Determining whether to file legal action.
CS-3 GOVERNMENT CODE SECTION 54956.9(A); CONFERENCE WITH
LEGAL COUNSEL REGARDING PENDING LITIGATION.
o CITY OF MORRO BAY vs. SPRINT
® • CITY OF MORRO BAY vs. MARTONY
® The meeting adjourned to Closed Session at 5:00 p.m. and returned to regular session at
5:59 p.m.
MOTION: Councilmember Grantham moved the meeting be adjourned. The motion
was seconded by Councilmember Peirce and unanimously carried. (5-0)
The meeting adjourned at 5:59 p.m.
E
® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — FEBRUARY 25, 2008
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: Andrea Lueker
Robert Schultz
Bridgett Bauer
Rick Algert
Bruce Ambo
Bill Boucher
Janeen Burlingame
John DeRohan
Dan Doris
Mike Pond
Susan Slayton
Dylan Wade
Interim City Manager
City Attorney
City Clerk
Harbor Director
Public Services Director
Capital Projects Manager
Management Analyst
Police Chief
Building Official
Fire Chief
Finance Director
Senior Civil Engineer
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
Robert Davis addressed Item D-4 (Review Morro Bay Bike Committee's Letter and
Review) and reviewed the Committee's unmet bike needs in Morro Bay.
Joan Carter addressed Item B-2 (Morro Bay Boulevard/Quintana Road Roundabout
Project) and expressed concern with the proposed route during construction and
suggested using Main Street instead of residential streets.
Hank Roth announced a Neighborhood Watch Informational Meeting would be held on
February 27`s with the topic being "Forming a Neighborhood Watch Program."
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — FEBRUARY 25, 2008
Nick Alter, SLO Green Build, reviewed Item D-I (Discussion of San Luis Obispo Green
Build Contract and Potential Implications) for public information. He requested the City
Council consider participation in the Memorandum of Understanding with San Luis
Obispo Green Build.
Jim Pauley expressed concern with the consideration of placing a boat haul -out facility
by Coleman Park, which should remain a public use area. He addressed the health
hazards related to sandblasting boats in this area.
Joey Racano submitted a report received from the Regional Water Quality Control Board
regarding the administrative civil liability that was issued to the California Men's Colony
due to the recent sewage spill. He expressed the importance of the State Marine Reserve
regulations in Morro Bay's east estuary.
John Barra stated nomination period is open for mayor and council seats. He also stated
the parking in -lieu fee is a business -killing fee, and should not be used for the
® Harborwalk parking lot.
Noah Smukler addressed the economic hardship throughout the country, and the
importance of providing essential services for the community. He expressed support for
Item D-I (SLO Green Build). Mr. Smukler addressed the importance of the Morro Bay
Bike Committee goals in order to provide efficient transportation routes for the
community.
Bill Yates referred to his articles in the Sun Bulletin and his hope that a new City Council
is elected. He expressed support for providing a boatyard, which is in the Waterfront
Master Plan.
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 Grantham requested to agendize a discussion on allowing cell towers on
City property; Mayor Peters and Councilmember Winholtz concurred.
Councilmember Winholtz requested to agendize a discussion on the North Main Street
® bike lane; majority Council concurred.
4
® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — FEBRUARY 25, 2008
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 CITY COUNCIL MEETING OF
JANUARY 28, 2008; (ADMINISTRATION
RECOMMENDATION: Approve as submitted.
A-2 PROPOSED BUDGET CALENDAR FOR FY 2008/09; (FINANCE)
RECOMMENDATION: Approve the schedule of events leading to adoption of the
bi-annual budget.
A-3 RESOLUTION NO. 11-08 AUTHORIZING THE CITY OF MORRO BAY TO
ENTER INTO A DEPARTMENT OF BOATING AND WATERWAYS
® CONTRACT ACCEPTING A GRANT FOR VESSEL EQUIPMENT;
(HARBOR)
RECOMMENDATION: Adopt Resolution No. 11-08.
A4 PROCLAMATION DECLARING SPAY DAY USA
RECOMMENDATION: Adopt Proclamation.
Mayor Peters pulled Item A-2 from the Consent Calendar.
MOTION: Councilmember Peirce moved the City Council approve Item A-1 and A-3
of the Consent Calendar. The motion was seconded by Councilmember
DeMeritt and carried unanimously. (5-0)
A-2 PROPOSED BUDGET CALENDAR FOR FY 2008/09; (FINANCE)
Mayor Peters referred to the budget calendar noting the first public budget workshop is
scheduled on the same date as a JPA meeting. City Attorney Robert Schultz suggested
rescheduling the JPA meeting; Council concurred.
MOTION: Mayor Peters moved the City Council approve Item A-2 of the Consent
Calendar. The motion was seconded by Councilmember Grantham and
® carried- unanimously. (5-0)
5
® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — FEBRUARY 25, 2008
B. PUBLIC HEARINGS. REPORTS & APPEARANCES
B-1 MID -YEAR BUDGET REVIEW
Finance Director Susan Slayton reviewed the fiscal year 2007/08 mid -year budget
adjustments noting the revenue adjustments in the General Fund amount to $155,096 in
additional revenue that will help offset the additional appropriation requests. The
requested additions to appropriations are necessary to adjust budgets for salary increase
granted, actual spending, and mandated costs. Ms. Slayton recommended the City
Council review and approves the recommended adjustments, and direct staff to return
with a resolution to authorize the approved budget adjustments.
Mayor Peters opened the hearing for public comment.
Bill Martony asked for clarification regarding City assets and what income is received
from the City reserves.
Mayor Peters closed the public comment hearing.
® MOTION: Councilmember Grantham moved the City Council approve the
recommended adjustments, and direct staff to return with a resolution to
authorize the approved budget adjustments. The motion was seconded by
Councilmember Peirce and carried unanimously. (5-0)
B-2 MORRO BAY BOULEVARD/QUINTANA ROAD ROUNDABOUT
PROJECT: PRESENTATION ON DESIGN MODIFICATIONS AND
DISCUSSION OF FINANCIAL ASPECTS, RIGHT-OF-WAY ACQUISITION,
LANDSCAPE TREATMENT AND REQUESTED ADDITIONAL PROJECT
TASKS
Capital Projects Manager Bill Boucher stated this project returns before Council to
present design modifications that have been completed to improve the long-term
performance of the project. The project is fully funded by grant funds and development
impact fees designated exclusively for improvement of this intersection. Funding for
additional City utility work is proposed to be derived from existing Water and Sewer
Fund reserves with no impact upon their respective existing rate structures. The existing
landscape plan was designed with a broad range of plant species native and indigenous to
this area with drought resistance and aesthetic elements. Mr. Boucher recommended the
City Council receive the presentation on design modifications and construction contract
status; authorize the City Engineer to execute right-of-way documents for this project;
® and, direct staff as to scope of landscape treatment and utility replacements.
0
® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — FEBRUARY 25, 2008
Mayor Peters opened the hearing for public comment.
Rick Gilligan expressed opposition to the proposed roundabout based on safety issues.
He said one lane is too narrow for a roundabout. Mr. Gilligan stated if approved, signage
and lighting is important so motorists know where they are going.
Judy Brown expressed concern with the proposed roundabout especially for pedestrians
crossing at this location. She also expressed concern with heavy periods of traffic during
events in the City, and said it would be difficult for tourists to maneuver. Ms. Brown
requested the City hold training classes to educate the community on how to maneuver
the proposed roundabout.
John Barta shared pictures of a roundabout off of a major highway in Colorado that
works very well.
Tracy Herman expressed concern for pedestrian crossing at the proposed roundabout.
Noah Smukler stated generally roundabouts are valuable; however, this is a complex
intersection. He expressed support for the maintenance of the utility lines in this area,
and that drought -resistant landscaping is being proposed.
Bill Martony stated the larger the roundabout the more efficient they are, and suggested
modifying the plans by making the circumference larger.
Mayor. Peters closed the public comment hearing.
MOTION: Councilmember Grantham moved the City Council authorize the City
Engineer to execute right-of-way documents for this project; and, direct
staff to have the contractor's landscaping subcontractor prepare a plan for
review and approval. The motion was seconded by Councilmember
Peirce.
Mayor Peters stated she supports the idea of educating the public on how a roundabout
works. She said much of the funding for this project is from the San Luis Obispo Council
of Governments. If we don't use it, it is lost not just to us, but to the county, which would
not reflect well on Morro Bay for future project funding consideration.
Councilmember DeMeritt stated she is in opposition to this roundabout because she does
not like to use funds to fix problems that do not seem problematic to her. She said the
problem is not the traffic, but that this intersection has been overbuilt and it should be
repaved. Councilmember DeMeritt stated pedestrians frequently use this intersection, and
® a roundabout does not appear to be pedestrian -friendly.
® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — FEBRUARY 25, 2008
Councilmember Peirce stated this intersection should have been rebuilt 20 years ago
before Cypress Plaza was built.
Councilmember Winholtz stated the redesign of the roundabout is an improvement;
however, she will vote in opposition for concern of the pedestrian traffic that occurs at
this intersection. She said if approved, it should be landscaped with drought tolerant
plants.
Councilmember Grantham stated there is no impact to the General Fund with this project
and the intersection is going to be dug up to replace the sewer and water pipes. He said
although it may be an inconvenience for a couple of months it will improve the traffic
flow of this intersection.
VOTE: The motion carried with Councilmember DeMeritt and Councilmember
Winholtz voting no. (3-2)
Councilmember DeMeritt requested a roll call vote, and the City Clerk proceeded with
® the roll call vote.
1
Mayor Peters called for a break at 8:55 p.m.; the meeting resumed at 9:00 p.m.
C. UNFINISHED BUSINESS
C-1 REVIEW OF NEW TROLLEY ROUTES
Management Analyst Janeen Burlingame at the June 25, 2007 City Council meeting, the
Council considered recommendations from the Parking Management and Implementation
Plan which included recommending separating the Route 1 Downtown/Embarcadero
route into two routes so the headway could be shortened on the Embarcadero,
encouraging more people to ride the trolley from public parking areas near trolley stops.
The Council expressed support for expanding service to add a third trolley route
dedicated along the Embarcadero as described in the Parking Management Plan and
reaffirmed this at a joint City Council/Planning Commission study session on September
27, 2007. On October 7, 2007, the Council authorized _staff to use the 1985 trolley for
expansion of a third route for the 2008 season until a new trolley is procured and ready to
go into service. Ms. Burlingame recommended the City Council review and approves the
three new trolley routes.
H
® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — FEBRUARY 25, 2008
Councilmember Winholtz referred to the south trolley route and stated she would like to
eliminate either the stop at Monterey Street or Napa Street on Morro Bay Boulevard; on
the waterfront route, eliminate the stop at either Pacific Street or Marina Street; and, on
the north route, eliminate a stop at either of the recreational vehicle parks.
Councilmember Peirce stated tourists ride the trolley for an adventure, and most people in
Morro Bay will not mind the frequent stops.
Councilmember Grantham stated he supports the routes as proposed.
Councilmember DeMeritt stated as long as someone can flag the trolley to stop, perhaps
some of the stops could be eliminated.
Mayor Peters stated she supports the stops as proposed by staff.
MOTION: Councilmember Peirce moved the City Council approve the three new
trolley routes. The motion was seconded by Councilmember Grantham
and carried unanimously. (5-0)
® D. NEW BUSINESS
1
D-I DISCUSSION OF SAN LUIS OBISPO GREEN BUILD CONTRACT AND
POTENTIAL IMPLICATIONS
Public Services Director Bruce Ambo presented a Memorandum of Understanding
(MOU) between the City of Morro Bay and San Luis Obispo Green Build. He said this
MOU implies the City will integrate all green build technologies into. the General
Plan/Local Coastal Program, establish green -building standards, consider measures
toward the achievement of zero -energy, carbon -neutral new construction of public and
private residences by 2030. The 2030 challenge calls for "an ordinance enacting building
regulations that exceed current Title 24 Energy Regulations by 20% for low-rise
residential buildings and 10% for non-residential buildings, a plan for the Municipality to
finance the up front cost for solar panels for property owners who agree to pay it back
with a 20-year assessment, an ordinance requiring time -of -sale energy audits, and
participation in the CPUC-funded "Energy Watch" partnership with PG&E. Mr. Ambo
recommended the City Council direct staff to modify the Memorandum of Understanding
with San Luis Obispo Green Build, and return to Council to adopt a modified MOU.
W
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — FEBRUARY 25, 2008
MOTION: Councilmember DeMeritt moved the City Council direct staff to modify
the Memorandum of Understanding with San Luis Obispo Green Build,
and fund $2,000 in participation funding from Council budget. The
motion was seconded by Councilmember Winholtz and carried
unanimously. (5-0) ,
D-2 DISCUSSION AND ACTION REGARDING ACQUISITION OF SURPLUS
NAVY FUEL DEPOT PROPERTY ALONG PANORAMA DRIVE
Capital Projects Manager Bill Boucher stated on November 10, 2003, the City Council
authorized staff to express interest to the General Services Administration (GSA) for the
acquisition of the surplus 10-acre Navy Fuel Depot located along Panorama Drive. The
City has received a notice from GSA that the property was available and the City was the
only agency that expressed interest. The property was tied to a pipeline easement
running from Morro Bay to Lemoore Naval Air Station. As one of the uses for the
property considered at the time was for Water Fund functions, monies from the Water
Fund were allocated to pursue the acquisition. The City received two formal notices
from GSA dated January 18 and February 1, 2008 that the property was available for
® acquisition and that formal response to GSA is required within 30 days of the date of the
notice. Mr. Boucher recommended the City Council direct staff as to whether the City
should seek acquisition of this property.
1
MOTION: Councilmember DeMeritt moved the City Council direct staff to express
interest in the acquisition of the surplus 10-acre Navy Fuel Depot located
along Panorama Drive; and to also express interest in the split of the
pipeline, and uses are for the purpose of low-income housing and wildlife
conservation. The motion was seconded by Councilmember Grantham and
carried unanimously. (5-0)
D-3 DISCUSSION ON EXISTING WATER CONSERVATION GUIDELINES
This item was pulled from the agenda.
D4 REVIEW MORRO BAY BIKE COMMITTEE'S LETTER AND REVIEW
PRIORITIES
Councilmember Winholtz stated the Morro Bay Citizens Bike Committee has an informal
relationship with the City through the City's Recreation & Parks Commission. Annually,
the Committee submits recommendation to the County Council of Governments
regarding unmet needs. Councilmember Winholtz recommended Council consider the
10
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — FEBRUARY 25, 2008
list of recommendations and identify which projects to support; of those chosen, identify
which projects can be accomplished as short-term goals and which as long-term goals.
Councilmember DeMeritt suggested sending a letter to the Department of State Parks
regarding the degradation of lower State Park Road; placing the free bike rack out by
Morro Rock; repairing the bike trail from Main and Quintana Road to Highway 41; and
considers a bike lane through the power plant property. She noted a representative of the
Citizens Bike Committee will be meeting with the power plant manager, and she would
work with the Committee on this issue.
Councilmember Grantham stated he supports pursuing grants through San Luis Obispo
Council of Governments. He said the priority should be based on safety, which would
include repairing lower State Park Road and the bike trail to Morro Bay High School, and
the Toro Creek Bike Bridge.
Councilmember Winholtz stated the Class II bike lanes on North Main Street should be
considered. She said the Toro Creek Bike Bridge is presently underway and she does not
see this as requiring emphasis.
® Councilmember Peirce stated the bike rack should be placed on City property perhaps by
the benches at Target Rock. He said lower State Park Road is in need of repair as well as
the bike lane to Morro Bay High School, and he supports a bike lane through the power
plant property.
Mayor Peters summarized Council's statements, and said the City should prepare a letter
to the Department of State Parks regarding the bike rack by Morro Rock, paving of lower
State Park Road and a bike trail along lower State Park Road. She said San Luis Obispo
Council of Governments will be working on the Toro Creek Bike Bridge parallel to
Highway 1 connecting Morro Bay and Cayucos; staff will review the repair of the bike
trail along Morro Bay High School; and Councilmember DeMeritt will work with the
Citizens Bike Committee regarding a bikeway through the power plant property.
Councilmember Winholtz stated she would prepare a letter to the Department of State
Parks regarding the bike rack by Morro Rock, paving of lower State Park Road and a
bike trail along lower State Park Road, and return it for Council approval.
No further action was taken on this item.
11
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — FEBRUARY 25, 2008
D-5 DISCUSSION ON CAYUCOS CEMETERY/SKATEBOARD PARK
Councilmember Peirce stated the County Parks and Recreation Commission has been
studying locations for a skateboard park in Cayucos for almost ten years. The
Commission chose a ten -acre parcel located between the Cayucos Morro Bay Cemetery
and Highway One. The cemetery is a district funded by property taxes in which the City
of Morro Bay falls within the district's boundaries. Councilmember Peirce stated since
Morro Bay residents have a financial interest in the cemetery, Council might want to
discuss the project and send the Board of Supervisors its comments.
Councilmember Peirce stated he would draft a letter to the Board of Supervisors for
Council review; Council concurred.
No further action was taken on this item.
D-6 SELECTION OF COUNCIL MEMBERS FOR THE LEADERSHIP COUNCIL
TO END HOMELESSNESS IN SAN LUIS OBISPO COUNTY
® Interim City Manager Andrea Lueker stated the Homeless Services Coordinating Council
is requesting the City's participation in the preparation of a countywide plan for dealing
with the growing problem of homelessness. The firm HomeBase under a contract with
the County will facilitate this process. The proposed "10-Year Plan to End Chronic
Homelessness" presents an opportunity to develop consensus among the service
providers and jurisdictions regarding the most effective and cost-efficient approach to
addressing the challenges posed by the growing homeless population. Ms. Lueker
recommended the City Council appoint one or two members to sit on the Leadership
Council.
MOTION: Councilmember Peirce moved the City Council appoint Councilmember
Winholtz to represent the City on the Leadership Council, with
Councilmember Grantham serving as alternate. The motion was seconded
by Mayor Peters and carried unanimously. (5-0)
ADJOURNMENT - The meeting adjourned at 10:23 p.m.
Recorded by:
Bridgettsuer
City Clerk
l
12
® 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 11, 2008
CLOSED SESSION — FEBRUARY 11, 2008
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 City Manager, the City's Designated
Representative, for the purpose of reviewing the City's position regarding the
terms and compensation paid to the City Employees and giving instructions to the
Designated Representative.
CS-2 GOVERNMENT CODE SECTION 54957; PERSONNEL ISSUES.
Discussions regarding Personnel Issues including one (1) public employee
regarding appointment, specifically the City Manager.
IT IS NOTED THAT THE CONTENTS OF CLOSED SESSION MEETINGS
ARE CONFIDENTIAL AND EXEMPT FROM DISCLOSURE.
E
® PUBLIC SESSION — FEBRUARY 11, 2008
VETERANS MEMORIAL HALL - 6:00 PAL
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 OF THE JANUARY 28, 2008 CITY COUNCIL
® MEETING; (ADMINISTRATION)
RECOMMENDATION: Approve as submitted.
A-2 AUTHORIZATION TO FILL HOUSING PROGRAMS COORDINATOR
POSITION; (ADMINISTRATION)
RECOMMENDATION: Authorize staff to fill the Housing Programs
Coordinator vacancy.
A-3 AUTHORIZATION FOR ATTENDANCE AT THE C-MANC ANNUAL
MEETING IN WASHINGTON DC; (HARBOR)
RECOMMENDATION: Approve authorization for a two -person delegation to
attend C-MANC's Washington Week meetings.
A-4 APPROVAL OF LETTER IN SUPPORT OF SB840, STATEWIDE SINGLE
PAYER HEALTH INSURANCE; (COUNCIL)
RECOMMENDATION: Approve sending letter of support for SB840 - Single
Payer Health Insurance.
® A-5 PROCLAMATION DECLARING FEBRUARY 2008 AS "AMERICAN HEART
MONTH ; (FIRE)
RECOMMENDATION: Adopt Proclamation.
B. PUBLIC HEARINGS. REPORTS & APPEARANCES
B-I PUBLIC HEARING ON CLOSEOUT OF COMMUNITY DEVELOPMENT
BLOCK GRANT 05-STBG- 14 10; (PUBLIC SERVICES)
RECOMMENDATION: Authorize staff to submit the final closeout letter to
CDBG to close the grant.
B-2 RESOLUTION NO. 09-08 ADOPTING THE CITY OF MORRO BAY
HOUSING REHABILITATION PROGRAM GUIDELINES FOR
COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS; (PUBLIC
SERVICES)
RECOMMENDATION: Adopt Resolution No. 09-08.
3
B-3 APPEAL OF THE PLANNING COMMISSIONS APPROVAL OF A PARKING
EXCEPTION TO ALLOW A ONE -CAR GARAGE AT 206 MAIN STREET;
(PUBLIC SERVICES)
RECOMMENDATION: Uphold the appeal and deny the requested parking
exception.
B4 CONTINUED PUBLIC HEARING ON A BED AND BREAKFAST/MIXED-
USE PROJECT LOCATED AT 214 BEACH STREET; (PUBLIC SERVICES)
RECOMMENDATION: Conditionally approve the project.
B-5 CONSIDERATION OF AMENDMENTS TO THE SUBDIVISION
ORDINANCE RELATED TO CONDOMINIUM CONVERSIONS AND
CABRILLO NEIGHBORHOOD LOT SIZE; (PUBLIC SERVICES)
RECOMMENDATION: Discuss and direct staff accordingly.
C. UNFINISHED BUSINESS
CA 2007 ANNUAL WATER REPORT; (PUBLIC SERVICES)
RECOMMENDATION: Adopt the same water allocation program as last year.
® C-2 RESOLUTION NO. 10-08 REGARDING BOTTLED WATER; (CITY
ATTORNEY)
RECOMMENDATION: Adopt Resolution No. 10-08.
D. NEW BUSINESS
D-1 EXPENDITURE RECOMMENDATION FROM CITIZENS OVERSIGHT
COMMITTEE REGARDING STORM DRAIN ALLOCATION; (FINANCE)
RECOMMENDATION: Review recommendations from the Citizens Oversight
Committee regarding storm drain allocation, and direct staff accordingly.
D-2 DISCUSSION ON SENDING COMMENTS TO BOARD OF SUPERVISORS
REGARDING THE SKATEBOARD PROJECT AT CAYUCOS CEMETERY;
(COUNCIL)
RECOMMENDATION: This item was pulled from the agenda.
D-3 CONSIDERATION OF EXISTING POLITICAL CAMPAIGN SIGN
ORDINANCE; (CITY ATTORNEY)
® RECOMMENDATION: Discuss and direct staff accordingly.
4
® D4 SET DATE TO FILL VACANCY ON THE PUBLIC WORKS ADVISORY
BOARD; (ADMINISTRATION)
RECOMMENDATION: Schedule interview date for Public Works Advisory
Board vacancy.
11
Imo\7I f :-R vl 1►1
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 11, 2008
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
Melody DeMeritt
Rick Grantham
William Peirce
Betty Winholtz
Andrea Lueker
Robert Schultz
Councilmember
Councilmember
Councilmember
Councilmember
Interim City Manager
City Attorney
MOTION: Councilmember Peirce moved the meeting be adjourned to Closed
Session. The motion was seconded by Councilmember Grantham 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 City Manager, the City's Designated
Representative, for the purpose of reviewing the City's position regarding the
terms and compensation paid to the City Employees and giving instructions to the
Designated Representative.
CS-2 GOVERNMENT CODE SECTION 54957; PERSONNEL ISSUES.
Discussions regarding Personnel Issues including one (1) public employee
regarding appointment, 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 Winholtz and unanimously carried. (5-0)
The meeting adjourned at 5:55 p.m.
11
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — FEBRUARY 11, 2008
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
Rick Grantham
William Peirce
Betty Winholtz
STAFF: Andrea Lueker
Robert Schultz
Bridgett Bauer
Rick Algert
Bruce Ambo
Job DeRohan
Joan Drake
Rachel Grossman
Damaris Hanson
Rob Livick
Mike Pond
® Mike Prater
Susan Slayton
ESTABLISH QUORUM AND CALL TO ORDER
MOMENT OF SILENCE
PLEDGE OF ALLEGIANCE
Councilmember
Councilmember
Councilmember
Councilmember
Interim City Manager
City Attorney
City Clerk
Harbor Director
Public Services Director
Police Chief
Housing Program Coordinator
Associate Planner
Engineer Tech III
City Engineer
Fire Chief
Planning Manager
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
Keith Taylor requested Council focus on Phase II of the Fire Station 53 project.
Joyce Lundy referred to Item D-I (Expenditure Recommendation From Citizens
Oversight Committee Regarding Storm Drain Allocation) and stated the Measure Q
Oversight Committee met and found the citizens prefer that Measure Q funds go towards
special projects, and street sweeping services and related storm drain cleaning should be
funded through the departmental operating budget.
Richard Sadowski reviewed the cycle of development in San Luis Obispo County where
due process and environmental review are bypassed.
® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — FEBRUARY 11, 2008
Marla Jo Briton encouraged citizens to become engaged in the joint powers agreement
between the Cayucos Sanitary District and Morro Bay. She announced the next Morro
BaX/Cayucos Sanitary District Joint Powers Authority meeting is scheduled on February
13 .
John Barta remembered past Council Member Ahnawake Unger, and asked why flags are
not flying at half-mast. He announced the nomination period for the primary election and
encouraged citizens to participate in the election process.
David Nelson stated City streets are in need of repair. He also addressed the power
plant's once through cooling and how it causes damage to the fishing industry.
Noah Smukler expressed the importance of water conservancy and the management of
the City's water supply. He said there should be incentives to promote the vision and
long-term process of the City's water supply.
Joey Racano announced his candidacy for City Council. He also addressed the State
Marine Reserve and Marine Life Protection Act. Mr. Racano referred to the sewage spill
® from the California Men's Colony into Chorro Creek, which entered into the estuary. He
said the Central Coast Regional Water Quality Board is looking into the violation of the
State Marine Reserve.
Walter Heath addressed the importance of SB840 (Health Care for All).
Mayor Peters closed the hearing for public comment.
DECLARATION OF FUTURE AGENDA ITEMS
Councilmember Winholtz requested to agendize a discussion on the letter received from
the Morro Bay Bike Committee regarding priorities; Mayor Peters concurred
(Councilmember Winholtz will prepare report).
Councilmember Winholtz requested to agendize an update on the Harborwalk extension
project; Councilmember DeMeritt and Councilmember Grantham concurred.
A. CONSENT CALENDAR
Unless an item is pulled for separate action by the City Council, the following actions are
approved without discussion.
1
® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — FEBRUARY 11, 2008
A-1 APPROVAL OF MINUTES OF THE JANUARY 28, 2008 CITY COUNCIL
MEETING; (ADMINISTRATION)
RECOMMENDATION: This item was pulled from the agenda.
A-2 AUTHORIZATION TO FILL HOUSING PROGRAMS COORDINATOR
POSITION; (ADMINISTRATION)
RECOMMENDATION: Authorize staff to fill the Housing Programs
Coordinator vacancy.
A-3 AUTHORIZATION FOR ATTENDANCE AT THE C-MANC ANNUAL
MEETING IN WASHINGTON DC; (HARBOR)
RECOMMENDATION: Approve authorization for a two -person delegation to
attend C-MANC's Washington Week meetings.
A-4 APPROVAL OF LETTER IN SUPPORT OF SB840, STATEWIDE SINGLE
PAYER HEALTH INSURANCE; (COUNCIL)
® RECOMMENDATION: Approve sending letter of support for SB840 - Single
Payer Health Insurance.
A-5 PROCLAMATION DECLARING FEBRUARY 2008 AS "AMERICAN HEART
MONTH ; (FIRE)
RECOMMENDATION: Adopt Proclamation.
Councilmember Winholtz pulled Items A-2, A-3 and A4 of 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)
A-2 AUTHORIZATION TO FILL HOUSING PROGRAMS COORDINATOR
POSITION; (ADMINISTRATION)
Councilmember Winholtz asked if this position could become a full-time grant funded
position that would write grants for other than the Community Development Block Grant
program.
® Public Services Director Bruce Ambo responded this position is also responsible for
administrative duties for the department.
4
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — FEBRUARY 11, 2008
MOTION: Councilmember Winholtz moved the City Council approve Item A-2 of
the Consent Calendar. The motion was seconded by Councilmember
Grantham and carried unanimously. (5-0)
A-3 AUTHORIZATION FOR ATTENDANCE AT THE C-MANC ANNUAL
MEETING IN WASHINGTON DC; (HARBOR)
Councilmember Winholtz asked if it is necessary for the Mayor to attend this event.
Mayor Peters responded the City's lobbyist says it is important for her to attend.
MOTION: Councilmember Grantham 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 APPROVAL OF LETTER IN SUPPORT OF SB840, STATEWIDE SINGLE
PAYER HEALTH INSURANCE; (COUNCIL)
® Councilmember Winholtz addressed this item for public information.
Councilmember Grantham stated he does not support SB840 due to the funding for
undocumented residents.
MOTION: Councilmember Winholtz moved the City Council approve Item A4 of
the Consent Calendar. The motion was seconded by Councilmember
DeMeritt and carried with Councilmember Grantham voting no. (4-1)
Mayor Peters called for a break at 7:01 p.m.; the meeting resumed at 7:11 p.m.
B. PUBLIC HEARINGS, REPORTS & APPEARANCES
B-1 PUBLIC HEARING ON CLOSEOUT OF COMMUNITY DEVELOPMENT
BLOCK GRANT 05-STBG-1410; (PUBLIC SERVICES)
Housing Program Coordinator Joan Drake stated at the February 14, 2005 City Council
meeting, Council authorized the preparation of an application for a three-year $1,500,000
grant to fund a Fire Station Rehabilitation Project. The City was awarded a one-year
$500,000 grant for the construction of a new apparatus bay at the City's Fire Station 54 in
North Morro Bay. The Community Development Block Grant contract expired on
December 31, 2007. Ms. Drake recommended the City Council hold the required public
® hearing, and authorize staff to submit the final closeout letter to the Department of
5
® NIINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — FEBRUARY 11, 2008
Housing and Community Development for Closeout Certification of 05-STBG-1410 for
Closeout Certification of 05-STBG-1410.
Mayor Peters opened the hearing for public comment; there were no comments, and
Mayor Peters closed the public comment hearing.
MOTION: Councilmember Peirce moved the City Council authorize staff to submit the
final closeout letter to the Department of Housing and Community
Development for Closeout Certification of 05-STBG-1410. The motion was
seconded by Councilmember Grantham and carried unanimously. (5-0)
B-2 RESOLUTION NO. 09-08 ADOPTING THE CITY OF MORRO BAY
HOUSING REHABILITATION PROGRAM GUIDELINES FOR
COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS; (PUBLIC
SERVICES)
Housing Program Coordinator Joan Drake stated the City is applying to obtain funds
® from the Department of Housing and Community Development through the Community
Development Block Grant Program. In accordance with the State requirements, the City
is required to maintain and update the Housing Rehabilitation Program Guidelines. Ms.
Drake recommended the City Council open a public hearing and adopt Resolution No.
09-08 approving the revised Community Development Block Grant Housing
Rehabilitation Program Guidelines.
Mayor Peters opened the hearing for public comment.
Ray McKelligott referred to Page 5 of the Guidelines, where it states any mobile home
manufactured prior to 1976 should be replaced. He said the language should state any
mobile home manufactured prior to 1976 aay be replaced.
Mayor Peters closed the public comment hearing.
Councilmember Winholtz requested corrections on Page16 (change County to City);
Page 16 #3 (change Administrator to Manager); Page 5 (change should to may); Page 6 —
8 s item (construction for bedroom additions may be approved.)
Councilmember DeMeritt stated funds should apply to mobile home parks, and they
should receive a flyer regarding this funding.
0
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — FEBRUARY 11, 2008
MOTION: Councilmember Winholtz moved the City Council adopt Resolution No.
09-08 approving the revised Community Development Block Grant
Housing Rehabilitation Program Guidelines as amended. Councilmember
Peirce and carried unanimously. (5-0)
B-3 APPEAL OF THE PLANNING COMMISSIONS APPROVAL OF A PARING
EXCEPTION TO ALLOW A ONE -CAR GARAGE AT 206 MAIN STREET;
(PUBLIC SERVICES)
Associate Planner Rachel Grossman stated on January 8, 2008, the Planning Commission
approved a parking exception to legalize an illegally converted garage space into a den
and laundry room, and permit a one -car garage in a zone district where a two -car garage
is required; on January 16, 2008, Norman Arnold appealed this approval. The appellant
is concerned that issuing a parking exception for the proposed project would be precedent
setting. Ms. Grossman stated the parking exception is not recommended for approval
because it is feasible to convert the den back into a garage, the project site is located with
a parking impacted area, and granting a parking exception for the subject property could
be precedent setting for future illegal conversions. She recommended the City Council
® uphold the appeal and deny the requested parking exception.
Mayor Peters opened the hearing for public comment.
Cathy Novak, representing the applicant, stated this project is a request for a parking
exception for the converted garage space. The current owner purchased the home with
the conversion in place as evidenced by the home inspection report done prior to the
close of escrow. Staff is recommending the applicant convert back the living area to a
garage making this a one -bedroom house with a two -car garage. This is extremely
problematic, unreasonable and financially burdensome. Granting this exception will not
place a new burden on the neighboring properties since this property has been this way in
excess of 14 years. Ms. Novak requested the City Council see the logic and reason, and
deny the appeal and grant this parking exception.
The following people expressed support for the requested parking exception at 206 Main
Street: Bill Martony, Michael Durrick, Dorothy Cutter, Tom Wilzbach, Alex Beattie,
Roger Ewing, and Cathy Botich.
Michael Lucas, Planning Commissioner, clarified his dissenting vote was to not put any
restrictions on this request.
Mayor Peters closed the public comment hearing.
E
7
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — FEBRUARY 11, 2008
Consensus of the City Council was in support of the requested parking exception at 206
Main Street, and denied the appeal.
MOTION: Councilmember Grantham moved the City Council approve the parking
exception at 206 Main Street, and deny the appeal. The motion was
seconded by Councilmember DeMeritt.
Councilmember Winholtz requested an amendment to the motion to add language to not
require a second garage on this property in the future.
Councilmember Grantham accepted the amendment to the motion; Councilmember
DeMeritt accepted the amendment to her second.
VOTE: The motion carried unanimously. (5-0)
B-4 CONTINUED PUBLIC HEARING ON A BED AND BREAKFAST/MD(ED-
USE PROJECT LOCATED AT 214 BEACH STREET; (PUBLIC SERVICES)
Planning Manager Mike Prater stated the City Council has held previous meetings to
discuss if renovating this older building in the downtown can be achieved. During these
meetings various discussions related to parking, traffic, safety, commercial to residential
ratio, and bed & breakfast operations. The applicant has attempted to address all of the
concerns raised both at the Planning Commission and City Council meetings by either
redesigning the project or having documents prepared to discuss the issues. The latest
project description evolved to include two visitor guest suites and caretaker facilities on
the upper floor, with no living quarters proposed. The applicant plans on managing the
bed & breakfast off -site from her residence, which is 4-5 blocks away. The ground floor
would be remodeled into two new commercial spaces as retail and cafe, and occupy an
area less than 125 square feet for sidewalk caf6 purposes and construct a new two -car
garage structure at the rear. Parking and circulation issues were discussed at the last
meeting where the majority consensus was reached that the traffic study
recommendations would address the safety concerns. Mr. Prater recommended the City
Council conditionally approve the project.
Mayor Peters opened the hearing for public comment.
Steve Semas expressed concern with pedestrian and traffic safety and parking issues on
this portion of Beach Street.
91
® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — FEBRUARY 11, 2008
Roger Ewing expressed concern with parking and safety issues. He requested Council
carefully consider this project because it is precedent setting by placing a mixed -use
facility at this location.
Tom Laurie expressed support for this project; however, a caretaker unit could be
problematic. He said the City should redefine the use of a caretaker unit.
Mayor Peters closed the public comment hearing.
Councilmember DeMeritt stated she would like the upstairs open space become a public
use area. She said she would like to place a condition that a redesign includes a living
space or public space upstairs.
Councilmember Winholtz stated her concerns are with traffic issues. She would like a
pedestrian crossing at Beach and Morro with signs or a flashing light. Councilmember
Winholtz also addressed parking and safety issues to the rear of the building.
® Councilmember Peirce stated the traffic should be calmed with signs and a flashing light.
He said he does not want to request another redesign of this project, and anything would
be better than what is there now.
Mayor Peters stated the conditions presented address the parking concerns, and she
agrees there should be a pedestrian crosswalk. She stated a bed and breakfast should
include a caretaker unit so someone is on -site at all times for safety concerns.
MOTION: Councilmember DeMeritt moved the City Council approve the mixed -use
project located at 214 Beach Street with added condition 436 that a
redesign provides a legal bedroom space upstairs. The motion was
seconded by Councilmember Grantham and carried unanimously. (5-0)
Mayor Peters called for a break at 8:36 p.m.; the meeting resumed at 8:46 p.m.
B-5 CONSIDERATION OF AMENDMENTS TO THE SUBDIVISION
ORDINANCE RELATED TO CONDOMINIUM CONVERSIONS AND
CABRILLO NEIGHBORHOOD LOT SIZE; (PUBLIC SERVICES)
Planning Manager Mike Prater stated this item is before Council to consider potential
updates regarding the Subdivision Ordinance with particular interest in any State
requirements related to conversions of condominiums and rental housing. At the August
27, 2007 City Council meeting, Council heard an appeal to subdivide an existing 13,159
® square foot lot in the Cabrillo neighborhood into two lots that wood be 6,002 square feet
0
® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — FEBRUARY 11, 2008
and 7,157 square feet. The Council denied that application and raised concerns about
changes to the neighborhood character. The City recently adopted the Subdivision
Ordinances that updated the regulations to the 1988 set of rules governing subdivisions.
The City and community went through an involved public review process that primarily
adjusted the community housing provision and brought the ordinance up to date with the
Map Act. It was noted that not every policy/governing document is written to address
every special circumstance and that the totality of all the documents must be considered
along with the discretionary powers to make decisions. Mr. Prater recommended the City
Council consider the information provided and direct staff accordingly.
Mayor Peters opened the hearing for public comment.
The following people expressed support for amending the Subdivision Ordinance in order to
maintain the character of Tract 41 (Cabrillo Place) neighborhood with lot sizes of 9,000
square feet or larger: Joseph Attinello, Skip Barnhardt, Bill Martony, Jim Bianchi, Dorothy
Cutter, and Karen Coventini.
Mayor Peters closed the public comment hearing.
Council comments on the Cabrillo Neighborhood
The majority of the City Council was in support of amending the Subdivision Ordinance
in order to maintain the character of this neighborhood with lot sizes of 9,000 square feet
or larger.
Councilmember Grantham stated he trusts the process, and expressed concern that this
will set precedent for other neighborhoods wanting to do the same.
MOTION: Councilmember Winholtz moved the City Council direct staff to present
the document received from the Tract 41 (Cabrillo Place) neighborhood to
the Planning Commission, and return the Planning . Commission
recommendation to the City Council within two months. The motion was
seconded by Councilmember DeMeritt and carried unanimously. (5-0)
Council comments on the Condominium Conversions
Consensus of the City Council was to direct staff to notify them when apartments are
going to be finalized.
No further action was taken on this item.
El
10
® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — FEBRUARY 11, 2008
C. UNFINISHED BUSINESS
C-1 2007 ANNUAL WATER REPORT; (PUBLIC SERVICES)
Planning Manager Mike Prater stated the last annual water report was modified by
Council to allocate 50 water equivalency units with 60 percent to be used for single
family dwellings and 40 percent for multiple family dwellings with the potential to
rollover the unused multi -family portion after the third quarter. He recommended the
City Council: 1) allocate the mix of residential units to 60 percent single-family and 40
percent multi -family units; and authorize the corresponding water equivalency allocation
for residential uses at 50 water equivalency units; 2) process residential allocation limits
on a first -come first -serve basis, based on the priorities contained in the current General
Plan and Local Coastal Plan policies; and 3) authorize allocation of 1301/6 of the
residential water equivalency units to commercial and industrial projects, within the
priority categories consistent with the current Local Coastal Plan and General Plan
policies.
® MOTION: Councilmember Winholtz moved the City Council approve the following:
1) allocate the mix of residential units to 60 percent single-family and 40
percent multi -family units; and authorize the corresponding water
equivalency allocation for residential uses at 50 water equivalency units
with no rollovers; 2) process residential allocation limits on a first -come
first -serve basis, based on the priorities contained in the current General
Plan and Local Coastal Plan policies; and 3) authorize allocation of 1301/6
of the residential water equivalency units to commercial and industrial
projects, within the priority categories consistent with the current Local
Coastal Plan and General Plan policies. The motion was seconded by
Mayor Peters.
E
Councilmember DeMeritt stated she would not support this motion approving 50 water
equivalency units for residential based on the water shortage in California.
Councilmember Peirce stated he would not support this motion with the added language
to not allow rollovers because residents have proven in the past that they are capable of
conserving water.
VOTE: The motion carried with Councilmember DeMeritt and Councilmember
Peirce voting no. (3-2)
11
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — FEBRUARY 11, 2008
C-2 RESOLUTION NO. 10-08 REGARDING BOTTLED WATER; (CITY
ATTORNEY)
Councilmember DeMeritt expressed her excitement of this resolution, which if passed
will make Morro Bay the only City in the County that prohibits the use of bottled
water and Styrofoam containers. She provided Council and staff an amended
resolution by adding Styrofoam containers and other pertinent information.
Council discussed the resolution and made further amendments.
MOTION: Councilmember DeMeritt moved the City Council adopt Resolution No.
10-08 as amended. The motion was seconded by Councilmember
Winholtz and carried unanimously. (5-0)
D. NEW BUSINESS
D-1 EXPENDITURE RECOMMENDATION FROM CITIZENS OVERSIGHT
® COMMITTEE REGARDING STORM DRAIN ALLOCATION; (FINANCE)
Finance Director Susan Slayton stated on January 28, 2008, the City Engineer made a
presentation to the Citizens Oversight Committee on the importance of street sweeping to
remove the trash and pollution that would run off into the ocean. Since there is no
General Fund budget for storm drain maintenance, and staff has been forced to use street
maintenance funds to perform those services. At the conclusion of the presentation, the
Committee voted unanimously against the use of Measure Q funds for storm drain
maintenance. Ms. Slayton recommended the City Council clarify the appropriate use of
the allocated monies for storm drains.
El
City Engineer Rob Livick stated staff finds the storm drain allocation should be used to
comply with National Pollution Discharge Elimination system requirements in
accordance with the Clean Water Act. He also noted the street sweeping expenditures are
appropriate as the street cleaning activities remove trash and pollution from the storm
drains that would empty into the bay.
MOTION: Councilmember Grantham moved the City Council support the
recommendation of the Citizens Oversight Committee to not approve the
use of Measure Q funds for storm drain maintenance. The motion was
seconded by Councilmember Peirce and carried unanimously. (5-0)
12
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — FEBRUARY 11, 2008
D-2 DISCUSSION ON SENDING COMMENTS TO BOARD OF SUPERVISORS
REGARDING THE SKATEBOARD PROJECT AT CAYUCOS CEMETERY;
(COUNCIL)
This item was pulled from the agenda.
D-3 CONSIDERATION OF EXISTING POLITICAL CAMPAIGN SIGN
ORDINANCE; (CITY ATTORNEY)
City Attorney Robert Schultz provided the City Council with information provided to the
Council in August 2002 in regard to amendments to the City's Municipal Code related to
political campaign signs.
Consensus of the City Council was to not pursue an amendment to the current Political
Campaign Sign Ordinance.
No action was taken on this item.
D-4 SET DATE TO FILL VACANCY ON THE PUBLIC WORKS ADVISORY
BOARD; (ADMINISTRATION)
The City Council scheduled interviews for the one vacancy on the Public Works
Advisory Board on March 17, 2008.
ADJOURNMENT
The meeting adjourned at 10:35 p.m.
Recorded by:
Bridgett Bauer
City Clerk.
13
Ef
5 City of Morro Bay
Morro Bay, CA 93442
NEW" (805) 772-6200
NOTICE OF SPECIAL MEETING
NOTICE IS HEREBY GIVEN that the Morro Bay City Council will be
holding Special Meetings on Wednesday. January 30, 2008 at 6:00 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
Planning Commission, Public Works Advisory Board, Recreation & Parks
Commission, Harbor Advisory Board, and Community Promotions Committee.
DATED: January 25, 2008
Bridgett uer, City Clerk
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 Bav Boulevard
PUBLIC SERVICES
955 Shasta Avenue
RECREATION & PARKS
1001 Kennedv Wav
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 28, 2008
CLOSED SESSION — JANUARY 28, 2008
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 City Manager, the City's Designated
® Representative, for the purpose of reviewing the City's position regarding the
terms and compensation paid to the City Employees and giving instructions to the
Designated Representative.
CS-2 GOVERNMENT CODE SECTION 54956.8, REAL PROPERTY
TRANSACTIONS: Instructing City's real property negotiator regarding the
price and terms of payment for the purchase, sale, exchange, or lease of real
property as to two (2) parcels. -
• Property: EmbarcaderolMarket.
Negotiating Parties: Market Pavilion and City of Morro Bay.
Negotiations: Voluntary Purchase and Sale.
CS-3 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.
IT IS NOTED THAT THE CONTENTS OF CLOSED SESSION MEETINGS
ARE CONFIDENTIAL AND EXEMPT FROM DISCLOSURE.
® PUBLIC SESSION — JANUARY 28, 2008
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 JANUARY 14, 2008 CITY COUNCIL
MEETING; (ADMINISTRATION)
RECOMMENDATION: Approve as submitted.
A-2 QUARTERLY FINANCIAL REPORT; (FINANCE)
RECOMMENDATION: Receive report for information.
A-3 RESOLUTION NO. 08-08 CALLING FOR A PRIMARY ELECTION AND
REQUESTING CONSOLIDATION WITH THE COUNTY S PRIMARY
ELECTION; (ADMINISTRATION)
RECOMMENDATION: Adopt Resolution No. 08-08.
A4 APPROVAL OF AMENDMENT TO EMPLOYEE.CONFIDENTIAL UNIT
MEMORANDUM OF UNDERSTANDING; (ADMINISTRATION)
RECOMMENDATION: Approve the amendment to the Employee Confidential
Unit Memorandum of Understanding.
A-5 2007 ANNUAL WATER REPORT; (PUBLIC SERVICES)
® RECOMMENDATION: Adopt the same water allocation program as last year.
A-6 AUTHORIZATION TO AMEND GRANT AGREEMENT 03-184 WITH THE
CALIFORNIA COASTAL CONSERVANCY FOR AN AUGMENTATION OF
FUNDING TO EXTEND THE HARBORWALK PROJECT TO BEACH
STREET, RESOLUTION NO. 07-08 DESIGNATING THE HARBORWALK
PROJECT AS A PARKING -IN- LIEU PROJECT; (PUBLIC SERVICES)
RECOMMENDATION: Authorize the Capital Projects Manager to enter into an
amendment for the grant agreement with the California Coastal
Conservancy to receive an augmentation of funding of $250,000, and adopt
Resolution No. 07-08 designating the Harborwalk project as a parking in -lieu
project.
A-7 RESOLUTION NO. 06-08 APPROVING AMENDMENT #1 TO THE.LEASE
AGREEMENT FOR LEASE SITE 78-81/78W-81 W, LOCATED AT 701
EMBARCADERO, BETWEEN THE CITY OF MORRO BAY AND VAN
BEURDEN INVESTMENTS; (HARBOR)
RECOMMENDATION: Adopt Resolution No. 06-08.
�J
3
® A-8 RESOLUTION NO. 05-08 ADOPTING THE REVISED CITY MULTI -
HAZARD EMERGENCY RESPONSE PLAN; (FIRE).
RECOMMENDATION: Adopt Resolution No. 05-08.
A-9 RECOMMENDATION TO USE PARK -IN -LIEU FUNDS FOR PARK
IMPROVEMENTS; (RECREATION & PARKS)
RECOMMENDATION: Approve the use of up to $25,000 of park in -lieu funds
to repair/replace chips and playground surfacing at Monte Young, Keiser
and City Park, and up to $6,000 for dead tree removal, stump grinding and
tree replacement at various parks.
A-10 ACCEPTANCE OF LETTER OF RESIGNATION FROM RECREATION &
PARKS COMMISSIONER; (ADMINISTRATION)
RECOMMENDATION: Accept letter of resignation.
A - II PROCLAMATION DECLARING FEBRUARY 2008 AS "GRAND JURY.
AWARENESS MONTH"; (ADMINISTRATION)
RECOMMENDATION: Adopt Proclamation.
® B. PUBLIC HEARINGS. REPORTS & APPEARANCES
B-I CONSIDERATION OF AMENDMENTS TO THE SUBDIVISION
ORDINANCE RELATED TO CONDONIINIUM CONVERSIONS AND
CABRILLO NEIGHBORHOOD LOT SIZE; (PUBLIC SERVICES)
RECOMMENDATION: Discuss and direct staff accordingly.
B-2 APPROVAL TO ENTER INTO THE 2008 CENTRAL COAST WATER
RELIABILITY AGREEMENT WITH THE COUNTY OF SAN LUIS OBISPO;
(PUBLIC SERVICES)
RECOMMENDATION: Authorize the Capital Projects Manager to enter into
the 2008 Central Coast Water Reliability Agreement with the County of San
Luis Obispo,
C. UNFINISHED BUSINESS
C-I CONSIDERATION OF APPROVAL OF NEW COMPENSATION RATES
FOR THE MORRO BAY DIAL -A -RIDE AND TROLLEY OPERATIONS AND
MANAGEMENT AGREEMENT AND ADOPTION OF REVISED
PERFORMANCE STANDARD; (ADMINISTRATION)
4
® RECOMMENDATION: Discuss and direct staff accordingly.
C
u
D. NEW BUSINESS
D-I EXPENDITURE RECOMMENDATION FROM CITIZENS OVERSIGHT
COMMITTEE REGARDING STORM DRAIN ALLOCATION; (FINANCE)
RECOMMENDATION: This item was pulled from the agenda.
D-2 CONSIDERATION OF POLICY ON PURCHASING PLASTIC BOTTLES;
(CITY COUNCIL)
RECOMMENDATION: Discuss and direct staff accordingly.
D-3 DISCUSSION ON SENDING A LETTER TO LEGISLATORS ON
GOVERNOR'S PROPOSAL REGARDING CLOSURE OF STATE PARKS;
(CITY COUNCIL)
RECOMMENDATION: Approve sending draft letter to the Governor and local
legislators.
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 — JANUARY 28, 2008
® CITY HALL CONFERENCE ROOM - 5:00 P.M.
Mayor Peters called the meeting to order at 5:00 p.m.
PRESENT: Janice Peters
Mayor
Melody DeMeritt
Councilmember
Rick Grantham
Councilmember
William Peirce
Councilmember
Betty Winholtz
Councilmember
STAFF: Andrea Lueker
Interim City Manager
Robert Schultz
City Attorney
CLOSED SESSION
MOTION: Councilmember Peirce moved the meeting be adjourned to Closed
Session. The motion was seconded by Councilmember Winholtz and
unanimously carried. (5-0)
Mayor Peters read the Closed Session Statement.
CS-1 GOVERNMENT CODE SECTION 54957.6. CONFERENCE WITH
® LABOR NEGOTIATOR. Conference with City Manager, the City's Designated
Representative, for the purpose of reviewing the City's position regarding the
terms and compensation paid to the City Employees and giving instructions to the
Designated Representative.
CS-2 GOVERNMENT CODE SECTION 54956.8, REAL PROPERTY
TRANSACTIONS: Instructing City's real property negotiator regarding the
price and terms of payment for the purchase, sale, exchange, or lease of real
property as to two (2) parcels.
Property: Embarcadero/Market.
Negotiating Parties: Market Pavilion and City of Morro Bay.
Negotiations: Voluntary Purchase and Sale.
CS-3 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.
The meeting adjourned to Closed Session at 5:00 p.m. and returned to regular session at
5:57 p.m.
MOTION: Councilmember Peirce moved the meeting be adjourned. The motion was
seconded by Councilmember Winholtz and unanimously carried. (5-0)
The meeting adjourned at 5:57 p.m.
MINUTES - MORRO BAY CITY COUNCIL
® REGULAR MEETING — JANUARY 28, 2008
VETERANS MEMORIAL HALL - 6:00 P.M.
1
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: Andrea Lueker
Robert Schultz
Bridgett Bauer
Rick Algert
Bruce Ambo
Bill Boucher
Janeen Burlingame
John DeRohan
Mike Pond
Susan Slayton
Dylan Wade
Interim City Manager
City Attorney
City Clerk
Harbor Director
Public Services Director
Capital Projects Manager
Management Analyst
Police Chief
Fire Chief
Finance Director
Senior Civil Engineer
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
Jude Long reviewed the services and viability of the Morro Bay Library, and requested
participation in upcoming events to benefit the library.
Betty Forsythe stated the Friends of the Library are conducting a survey to evaluate the
community library service needs. She invited the public to attend the Library
Community Input Meetings scheduled on February 13'b and March 18a'.
Joan Peterson announced there would be a book sale on February 9'" to promote the
Morro Bay Library.
John Barta expressed the importance of Item A-3 (Resolution No. 08-08 Calling For A
Primary Election And Requesting Consolidation With The County's Primary Election
® and encouraged Rublic participation; he noted the nomination period is February 11
through March 7 . He also addressed Item D-3 (Discussion On Sending A Letter To
MINUTES - MORRO BAY CITY COUNCIL
® REGULAR MEETING — JANUARY 28, 2008
Legislators On Governor's Proposal Regarding Closure Of State Parks) stating the
Governor and legislature is sending a message that there is a fiscal problem in California,
and the importance for the public to speak up when there are fiscal impacts and the
potential of losing something we care about such as our State Parks.
Steve Eckes addressed Item D-3 and submitted a petition against the closure of the State
Parks in the City. He said Morro Strand State Beach should be saved and maintained for
the pleasure of tourists and citizens.
Richard Sadowski addressed the sewage spill at the Men's Colony over the weekend and
requested the City test the water.
Marla Jo Briton asked about the trees removed at Del Mar Park. She also addressed
damage to public trees during the recent storms, and stated the City should make it a
priority to take care of these trees.
Noah Smukler addressed the City's water supply and referred to an article on California's
water — "A Crisis We Can't Ignore". He said the City should increase its water buffer
because the ground water is polluted and the desalination plant is expensive to operate.
® Mayor Peters closed the hearing for public comment.
Mayor Peters called for a break at 7:03 p.m.; the meeting resumed at 7:17 p.m.
DECLARATION OF FUTURE AGENDA ITEMS
Councilmember Peirce requested to agendize a discussion on sending comments to the
Board of Supervisors regarding the Skateboard Project at Cayucos Cemetery;
Councilmember DeMeritt and Councilmember Winholtz concurred, and Councilmember
Peirce will provide the report.
Councilmember Winholtz requested to agendize a discussion on existing water
conservation guidelines; Councilmember DeMeritt and Mayor Peters concurred, and
Councilmember Winholtz will provide the report.
Mayor Peters requested to agendize a discussion on the City's existing Political
Campaign Sign Ordinance.
A. CONSENT CALENDAR
Unless an item is pulled for separate action by the City Council, the following actions are
approved without discussion.
El
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — JANUARY 28, 2008
A-1 APPROVAL OF MINUTES FOR THE JANUARY 14, 2008 CITY COUNCIL
MEETING; (ADMINISTRATION)
RECOMMENDATION: Approve as submitted.
A-2 QUARTERLY FINANCIAL REPORT; (FINANCE)
RECOMMENDATION: Receive report for information.
A-3 RESOLUTION NO. 08-08 CALLING FOR A PRIMARY ELECTION AND
REQUESTING CONSOLIDATION WITH THE COUNTY'S PRIMARY
ELECTION; (ADMINISTRATION)
RECOMMENDATION: Adopt Resolution No. 08-08.
A-4 APPROVAL OF AMENDMENT TO EMPLOYEE CONFIDENTIAL UNIT
MEMORANDUM OF UNDERSTANDING; (ADMINISTRATION)
RECOMMENDATION: Approve the amendment to the Employee Confidential
® Unit Memorandum of Understanding.
A-5 2007 ANNUAL WATER REPORT; (PUBLIC SERVICES)
RECOMMENDATION: This item was pulled from the agenda.
A-6 AUTHORIZATION TO AMEND GRANT AGREEMENT 03-184 WITH THE
CALIFORNIA COASTAL CONSERVANCY FOR AN AUGMENTATION OF
FUNDING TO EXTEND THE HARBORWALK PROJECT TO BEACH
STREET, RESOLUTION NO. 07-08 DESIGNATING THE HARBORWALK
PROJECT AS A PARKING -IN- LIEU PROJECT; (PUBLIC SERVICES)
RECOMMENDATION: Authorize the Capital Projects Manager to enter into an
amendment for the grant agreement with the California Coastal
Conservancy to receive an augmentation of funding of $250,000, and adopt
Resolution No. 07-08 designating the Harborwalk project as a parking in -lieu
project.
A-7 RESOLUTION NO. 06-08 APPROVING AMENDMENT #1 TO THE LEASE
AGREEMENT FOR LEASE SITE 78-81/78W-81W, LOCATED AT 701
EMBARCADERO, BETWEEN THE CITY OF MORRO BAY AND VAN
BEURDEN INVESTMENTS; (HARBOR)
® RECOMMENDATION: Adopt Resolution No. 06-08.
4
MINUTES - MORRO BAY CITY COUNCIL
® REGULAR MEETING — JANUARY 28, 2008
A-8 RESOLUTION NO. 05-08 ADOPTING THE REVISED CITY MULTI -
HAZARD EMERGENCY RESPONSE PLAN; (FIRE)
RECOMMENDATION: Adopt Resolution No. 05-08.
A-9 RECOMMENDATION TO USE PARK -IN -LIEU FUNDS FOR PARK
IMPROVEMENTS; (RECREATION & PARKS)
RECOMMENDATION: Approve the use of up to $25,000 of park in -lieu funds
to repair/replace chips and playground surfacing at Monte Young, Keiser
and City Park, and up to $6,000 for dead tree removal, stump grinding and
tree replacement at various parks.
A-10 ACCEPTANCE OF LETTER OF RESIGNATION FROM RECREATION &
PARKS COMMISSIONER; (ADMINISTRATION)
RECOMMENDATION: Accept letter of resignation.
A - II PROCLAMATION DECLARING FEBRUARY 2008 AS "GRAND JURY
® AWARENESS MONTH"; (ADMINISTRATION)
RECOMMENDATION: Adopt Proclamation.
Councilmember Winholtz pulled Items A-2, A-6, A-7, A-8 and A-9 from the Consent
Calendar; Councilmember DeMeritt pulled Item A-3.
MOTION: Councilmember Winholtz moved the City Council approve Items A-1 and
A-4 of the Consent Calendar. The motion was seconded by
Councilmember Grantham and carried unanimously. (5-0)
A-2 QUARTERLY FINANCIAL REPORT; (FINANCE)
Councilmember Winholtz stated she prefers the old format of this report because it offers
more information; however, she would like a combination of both the old and new
format.
Councilmember DeMeritt suggested reversing the 2006/07 figures so it reads from left to
right.
MOTION: Councilmember Winholtz moved the City Council accept this report and
direct staff to reformat the next report as discussed by Council. The
® motion was seconded by Councilmember DeMeritt and carried
unanimously. (5-0)
5
MINUTES - MORRO BAY CITY COUNCIL
® REGULAR MEETING — JANUARY 28, 2008
A-3 RESOLUTION NO. 08-08 CALLING FOR A PRIMARY ELECTION AND
REQUESTING CONSOLIDATION WITH THE COUNTY'S PRIMARY
ELECTION; (ADMINISTRATION)
Councilmember DeMeritt addressed this item for public information noting the
nomination period for Mayor and two Council seats is February 11's —March 7's for the
primary election that will be held on June 3, 2008. She also stated Council should review
the City's code on election signs.
MOTION: Councilmember DeMeritt moved the City Council approve Item A-3 of
the Consent Calendar. The motion was seconded by Councilmember
Grantham and carried unanimously. (5-0)
A-6 AUTHORIZATION TO AMEND GRANT AGREEMENT 03-184 WITH THE
CALIFORNIA COASTAL. CONSERVANCY FOR AN AUGMENTATION OF
FUNDING TO EXTEND THE HARBORWALK PROJECT TO BEACH
STREET, RESOLUTION NO. 07-08 DESIGNATING THE HARBORWALK
PROJECT AS A PARKING -IN- LIEU PROJECT; (PUBLIC SERVICES)
® Councilmember Winholtz requested staff clarification on the plans and funding for this
project.
Senior Civil Engineer Dylan Wade reviewed the phased plans and funding for this
project.
Council discussed the project with some expressing concern with the funding factor and
the City's responsibility of matching funds for this project.
MOTION: Councilmember Winholtz moved the City Council continue this item to
the February 11, 2008 City Council meeting. The motion was seconded
by Councilmember DeMeritt.
Councilmember Peirce stated this area of Beach Street to the Harbor Hut is in need of
improvement, and should be approved since it is being funded with grant funds.
VOTE: The motion failed with Councilmember Grantham, Councilmember Peirce
and Mayor Peters voting no. (2-3)
MOTION: Councilmember Grantham moved the City Council approve Item A-6 of
the Consent Calendar. The motion was seconded by Councilmember
Peirce and carried with Councilmember Winholtz voting no. (4-1)
MINUTES - MORRO BAY CITY COUNCIL
® REGULAR MEETING — JANUARY 28, 2008
A-7 RESOLUTION NO. 06-08 APPROVING AMENDMENT #1 TO THE LEASE
AGREEMENT FOR LEASE SITE 78-81/78W-81 W, LOCATED AT 701
EMBARCADERO, BETWEEN THE CITY OF MORRO BAY AND VAN
BEURDEN INVESTMENTS; (HARBOR)
Councilmember Winholtz requested staff clarification on this item, and why the
amendment is to provide a $600 per month rent credit as long as there is a commercial
fish buying/processing facility.
Harbor Director Rick Algert stated there was a fish buying/processing operation on a
small portion of this lease site from 1995-2004. The tenants of the lease site are
requesting to convert this area to visitor serving/retail sales and realize more income from
the site. He said marine -dependent uses are a high priority for the waterfront area under
the City's Land Use Plan, and only a few remain in the area between Beach Street and
Tidelands Park. This is a way to encourage the tenants to attempt to locate another small
fish buyer/processor to sublease the site, rather than convert the space to visitor serving
uses.
MOTION: Councilmember Grantham 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 RESOLUTION NO. 05-08 ADOPTING THE REVISED CITY MULTI -
HAZARD EMERGENCY RESPONSE PLAN; (FIRE)
Councilmember Winholtz suggested the following amendments to the City Multi -Hazard
Emergency Response Plan: page 3 — Part III, add "this does not require the approval of
City Council" for consistency with Part I and II; and page 10, last line of paragraph 4 —
delete the word "real".
MOTION: Councilmember Winholtz moved the City Council approve Item A-8 of
the Consent Calendar as amended. The motion was seconded by
Councilmember Peirce and carried unanimously. (5-0)
A-9 RECOMMENDATION TO USE PARK -IN -LIEU FUNDS FOR PARK
IMPROVEMENTS; (RECREATION & PARKS)
Councilmember Winholtz asked if the Del Mar Park parking lot is included in these
improvements. She also asked for clarification on the trees planned for removal at the
City's parks, and the replacement of sand with wood chips in playgrounds.
® Interim Recreation & Parks Director Joe Woods responded the parking lot repair at Del
Mar Park is planned when the tennis court project is complete. He also responded on the
trees planned for removal, and the placement of wood chips in the playgrounds.
7
MINUTES - MORRO BAY CITY COUNCIL
® REGULAR MEETING — JANUARY 28, 2008
Councilmember DeMeritt expressed concern with the planned removal of trees in the
various City parks, and requested staff review the City's tree list and replace the removed
trees with sturdy trees.
MOTION: Councilmember Grantham moved the City Council approve Item A-9 of
the Consent Calendar. The motion was seconded by Councilmember
Peirce and carried with Councilmember DeMeritt and Councilmember
Winholtz voting no. (3-2)
MOTION: Councilmember Winholtz moved the City Council approve Items A-10
and A-11 of the Consent Calendar. The motion was seconded by
Councilmember Peirce and carried unanimously. (5-0)
B. PUBLIC HEARINGS, REPORTS & APPEARANCES
B-1 CONSIDERATION OF AMENDMENTS TO THE SUBDIVISION
ORDINANCE RELATED TO CONDOMINIUM CONVERSIONS AND
CABRILLO NEIGHBORHOOD LOT SIZE; (PUBLIC SERVICES)
® This item was pulled from the agenda. Due to noticing requirements, Mayor Peters
opened the hearing for public comment; there were no comments, and Mayor Peters
closed the public comment hearing.
No further action was taken on this item.
B-2 APPROVAL TO ENTER INTO THE 2008 CENTRAL COAST WATER
RELIABILITY AGREEMENT WITH THE COUNTY OF SAN LUIS OBISPO;
(PUBLIC SERVICES)
Senior Civil Engineer Dylan Wade stated the historical practice by the County of San
Luis Obispo has been to ensure requested deliveries to the State Water Subcontractors the
largest of which is the City. They have accomplished this, by using the unallocated State
water amount allotted to the County of San Luis Obispo as a form of informal drought
buffer to benefit the reliability of water delivered to the subcontractors. For the calendar
year 2008, the County is changing from the historical practice, and is now offering
reliability agreements both with their current subcontractors and the Central Coast Water
Authority. Mr. Wade recommended the City Council authorize the Capital Projects
Manager to enter into the 2008 Central Coast Reliability Agreement with the County of
San Luis Obispo.
Mayor Peters opened the hearing for public comment.
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'3
MINUTES - MORRO BAY CITY COUNCIL
® REGULAR MEETING — JANUARY 28, 2008
Noah Smukler expressed the importance of maintaining an adequate water supply for the
community. He stated the City continues to have lower consumption levels which shows
the community cares about its water supply. Mr. Smukler said it is important to continue
educating the community on future conservation goals.
Bill Martony stated the City should consider future water rights and having a back up
desalination buffer.
John Barta expressed support for the proposed agreement with the County, and stated
State Water is high quality clean water.
Mayor Peters closed the public comment hearing.
Councilmember DeMeritt stated she is supportive of this agreement, but it is also
important to encourage conservation. She said she would like a rate schedule that would
benefit those with lower water consumption.
Councilmember Grantham stated he supports this agreement because it is an insurance
policy for the City.
® Councilmember Peirce stated the City obtained State Water during dry years when the
water table dropped, and the City was on water rationing. He said there is difficulty with
State Water due to outside sources that have contaminated our wells.
Councilmember Winholtz stated she would like to put a ceiling of 200 acre-feet in this
agreement. She said the City should implement a conservation program simultaneously
with purchasing extra State Water. Councilmember Winholtz stated the City has the
most expensive water in the County, and she would rather not pay the County more for
extra water. She expressed the importance of water conservation, and said the City
should review its water conservation guidelines.
Mayor Peters stated she supports this agreement, and also encourages conservation. She
said she would prefer not raising water rates.
MOTION: Councilmember Winholtz moved the City Council authorize the Capital
Projects Manager enter into the 2008 Central Coast Water Reliability
Agreement with the County of San Luis Obispo with a maximum of 200-
acre feet purchase, and direct staff to notify the City Council when it is
approaching the 200 acre-feet limit. The motion was seconded by
Councilmember DeMeritt.
® Councilmember Peirce stated he would not support this motion because staff is
conscientious about the purchase of State Water.
0
MINUTES - MORRO BAY CITY COUNCIL
® REGULAR MEETING — JANUARY 28, 2008
Mayor Peters suggested placing a notice in the water bills regarding the importance of
water conservation.
VOTE: The motion carried with Councilmember Peirce voting no. (4-1)
C. UNFINISHED BUSINESS
C-1 CONSIDERATION OF APPROVAL OF NEW COMPENSATION RATES
FOR THE MORRO BAY DIAL -A -RIDE AND TROLLEY OPERATIONS AND
MANAGEMENT AGREEMENT AND ADOPTION OF REVISED
PERFORMANCE STANDARD; (ADMINISTRATION)
Management Analyst Janeen Burlingame stated at the August 13, 2007 City Council
meeting, the Council extended the Morro Bay Dial -A -Ride and trolley operations and
management agreement with MV Transportation through June 2009. The Council also
directed the City Manager to open negotiations with MV Transportation, which would
include discussion of the employee wage scale, and return to Council for final
compensation approval. Ms. Burlingame recommended the City Council approve the
monthly management and vehicle service hour fees for the first compensation option. In
® addition, it is recommended that the new fees be enacted retroactively to September 1,
2007 when the extension of the agreement took effect.
MOTION: Councilmember Winholtz moved the City Council approve: 1) the Morro
Bay Dial -A -Ride monthly management and vehicle service hour fees to be
paid to MV Transportation at $9,929 per month and $20.89 per vehicle
service hour; 2) approve Morro Bay Trolley monthly management and
vehicle service hour fees to be paid to MV Transportation at $2,190 per
month and $20.89 per vehicle service hour; and 3) adopt revised
performance standards as outlined in the staff report. The motion was
seconded by Councilmember DeMeritt and carried unanimously. (5-0)
Mayor Peters called for a break at 8:37 p.m.; the meeting resumed at 8:45 p.m.
D. NEW BUSINESS
D-1 EXPENDITURE RECOMMENDATION FROM CITIZENS OVERSIGHT
COMMITTEE REGARDING STORM DRAIN ALLOCATION; (FINANCE)
This item was pulled from the agenda.
10
MINUTES - MORRO BAY CITY COUNCIL
® REGULAR MEETING — JANUARY 28, 2008
El
D-2 CONSIDERATION OF POLICY ON PURCHASING PLASTIC BOTTLES;
(CITY COUNCIL)
Councilmember DeMeritt stated as Morro Bay's representative to the Integrated Waste
Management Authority, she has learned of the many negatives in handling plastic
products, notably plastic bottles and styrofoam. Both are manufactured products that are
either un-recyclable or infrequently recycled. Even when recycled, plastic materials are
difficult to re -use because of the re -manufacturing they must undergo. Councilmember
DeMeritt recommended the City Council direct staff to stop spending City funds for
plastic water bottles and styrofoam containers; and, stop the selling of or distribution of
plastic water bottles and styrofoam containers at events on public property.
MOTION: Councilmember DeMeritt moved the City Council: 1) direct staff to
discontinue purchase of plastic bottles and styrofoam containers with the
exception of safety and health; 2) discontinue the sale or distribution of
plastic bottles and styrofoam containers at City -sponsored events or
facilities with the exception of safety and health; 3) add language to the
facility permit application discouraging the use of plastic bottles and
styrofoam containers; and 4) direct the City Attorney to draft a resolution
based on this information and return to Council for approval. The motion
was seconded by Councilmember Winholtz and carried with
Councilmember Grantham voting no. (4-1)
D-3 DISCUSSION ON SENDING A LETTER TO LEGISLATORS ON
GOVERNOR'S PROPOSAL REGARDING CLOSURE OF STATE PARKS;
(CITY COUNCIL)
Councilmember Winholtz stated two weeks ago the Governor proposed closing 48 units
under the control of the State Department of Parks and Recreation. The proposed
closures included 7 of the 11 units in San Luis Obispo County. Since City tourism would
be impacted by such drastic cuts, Councilmember Winholtz proposed sending letters to
the Governor and local legislators addressing alternatives and concerns with the closure
of our local state parks.
MOTION: Councilmember Peirce moved the City Council send the proposed letters
with amendments to the Governor and local legislators addressing
alternatives and concerns with the closure of our local state parks. The
motion was seconded by Councilmember Grantham and carried
unanimously. (5-0)
11
MINUTES - MORRO BAY CITY COUNCIL
is REGULAR MEETING — JANUARY 28, 2008
&\ 7L6litti►hTY1i
The meeting adjoumed at 10:32 p.m.
Recorded by:
&i l&-L n/
Bridgett Bauer
City Clerk
11
11
12
® 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 14, 2008
CLOSED SESSION — JANUARY 14, 2008
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 City Manager, the City's Designated
Representative, for the purpose of reviewing the City's position regarding the
terms and compensation paid to the City Employees and giving instructions to the
Designated Representative.
CS-2
• CITY OF MORRO BAY vs. EQUILON/SHELL
CS-3 GOVERNMENT CODE SECTION 54956.8; REAL PROPERTY
TRANSACTIONS. Instructing City's real property negotiator regarding the price
and terms of payment for the purchase, sale, exchange, or Lease of real property as
to one (1) parcel.
• Property: Morro Bay Dunes.
Negotiating Parties: Doug Claassen and City of Morro Bay.
Negotiations: Lease Terms and Conditions.
CS-4 GOVERNMENT CODE SECTION 54956.9(a): CONFERENCE WITH
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.
u
® CS-5 GOVERNMENT CODE SECTION 54957, PERSONNEL ISSUES.
Discussions regarding Personnel Issues including one (1) public employee
regarding appointment, specifically the City Manager.
CS-6 GOVERNMENT CODE SECTION 54957: PERSONNEL ISSUES.
Discussions regarding Personnel Issues including one (1) public employee
regarding evaluation, specifically the Interim City Manager.
IT IS NOTED THAT THE CONTENTS OF CLOSED SESSION MEETINGS
ARE CONFIDENTL4,L AND EXEMPT FROM DISCLOSURE.
11
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® PUBLIC SESSION — JANUARY 14; 2008
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 DECEMBER 10, 2007 CITY COUNCIL
MEETING; (ADMINISTRATION)
RECOMMENDATION: Approve as submitted.
A-2 RESOLUTION NO. 01-08 APPROVING THE CITY INVESTMENT POLICY;
(FINANCE)
RECOMMENDATION: Adopt Resolution No. 01-08.
A-3 RESOLUTION NO. 02-08 APPROVING SUBLEASE FOR LEASE SITES 65-
66/65W-66W LOCATED AT 571 EMBARCADERO; (HARBOR)
RECOMMENDATION: Adopt Resolution No. 02-08.
A4 RESOLUTION NO. 03-08 AUTHORIZING A REPRESENTATIVE TO APPLY
FOR AND ENTER INTO A GRANT AGREEMENT WITH THE CALIFORNIA
DEPARTMENT OF WATER RESOURCES LOCAL GROUNDWATER
ASSISTANCE GRANT FOR A NITRATE STUDY IN THE CHORRO
VALLEY; (PUBLIC SERVICES)
RECOMMENDATION: Adopt Resolution No. 03-08.
® A-5 RESOLUTION NO. 04-08 ENDORSING THE INTEGRATED REGIONAL
WATER MANAGEMENT PLAN PREPARED BY THE COUNTY OF SAN
LUIS OBISPO; (PUBLIC SERVICES)
RECOMMENDATION: Adopt Resolution No. 04-08.
A-6 CITY COUNCIL ANNUAL MEETING SCHEDULE - 2008; (ADMINISTRATION)
RECOMMENDATION: Approve the 2008 meeting schedule.
A-7 ACCEPTANCE OF LETTERS OF RESIGNATION FROM ONE
COMMUNITY PROMOTIONS COMMITTEE MEMBER AND ONE PUBLIC
WORKS ADVISORY BOARD MEMBER; (ADMINISTRATION)
RECOMMENDATION: Accept letters of resignation.
B. PUBLIC HEARINGS. REPORTS & APPEARANCES
B-1 REVIEW OF RENTAL AGREEMENT FOR SENIOR CENTER;
(RECREATION & PARKS)
RECOMMENDATION: Review and approve the proposed Senior Center Use
® Agreement.
0
C. UNFINISHED BUSINESS
C-1 . DISCUSSION ON THE ANNEXATION OF THE BACK BAY AND
CHEVRON BEACHFRONT PROPERTY AS PART OF THE CITY'S SPHERE
OF INFLUENCE; (PUBLIC SERVICES)
RECOMMENDATION: Discuss the priority of annexing the back bay and
beachfront portions of the Chevron property and provide direction to staff.
D. NEW BUSINESS
D-I - DISCUSSION ON A BALLOT MEASURE TO INCREASE THE TRANSIENT
OCCUPANCY TAX; (FINANCE)
RECOMMENDATION: Discuss and direct staff accordingly.
D-2 RECOMMENDATION FROM THE HARBOR ADVISORY BOARD ON
REGULATING NEWSPAPER RACKS ON THE EMBARCADERO;
(HARBOR)
RECOMMENDATION: Direct the City Attorney to prepare a draft news rack
® ordinance to regulate news racks in the waterfront area.
D-3 CONSIDERATION OF LIMITING CHAIN STORES ON THE EMBARCADERO
AND DOWNTOWN AREA; (CITY COUNCIL)
El
RECOMMENDATION: Discuss and direct staff accordingly.
D4 SET DATE FOR INTERVIEWS OF COMMISSIONER/ADVISORY BOARD
VACANCIES; (ADMINISTRATION)
RECOMMENDATION: Schedule date for interviews.
D-5 APPOINTMENT OF REPRESENTATIVES ON DISCRETIONARY BOARDS;
(PUBLIC SERVICES)
RECOMMENDATION: Make appropriate appointments.
D-6 DISCUSSION ON FORMING A CITY COUNCIL COMPENSATION
COMMITTEE PURSUANT TO SECTION 2.6 OF THE CITY COUNCIL
POLICIES AND PROCEDURES; (CITY ATTORNEY)
RECOMMENDATION: Review Section 2.6 of the City Council Policies and
Procedures and provide direction to staff.
5
® D-7 APPOINTMENT OF VICE -MAYOR TO SERVE FOR A ONE-YEAR TERM;
(ADMINISTRATION)
RECOMMENDATION: Appoint Vice -Mayor to serve a one-year term.
f�I�Ii1�►1�I:t�Y�
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
C-1
® MINUTES - MORRO BAY CITY COUNCIL
CLOSED SESSION— JANUARY 14, 2008
CITY HALL CONFERENCE ROOM - 5:00 P.M.
Mayor Peters called the meeting to order at 5:00 p.m
PRESENT: Janice Peters
Mayor
Melody DeMeritt
Councilmember
Rick Grantham
Councilmember
William Peirce
Councilmember
Betty Winholtz
Councilmember
STAFF: Andrea Lueker
Interim 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 Grantham 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 City Manager, the City's Designated
Representative, for the purpose of reviewing the City's position regarding the
terms and compensation paid to the City Employees and giving instructions to the
Designated Representative.
CS-2 GOVERNMENT CODE SECTION 54956.9(A): CONFERENCE WITH
LEGAL COUNSEL REGARDING PENDING LITIGATION.
• CITY OF MORRO BAY vs. EQUILON/SHELL
CS-3
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: Morro Bay Dunes.
Negotiating Parties: Doug Claassen and City of Morro Bay
Negotiations: Lease Terms and Conditions.
CS-4 GOVERNMENT CODE SECTION 54956.9(a): CONFERENCE WITH
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.
® CS-5 GOVERNMENT CODE SECTION 54957; PERSONNEL ISSUES.
Discussions regarding Personnel Issues including one (1) public employee
regarding appointment, specifically the City Manager.
CS-6 GOVERNMENT CODE SECTION 54957; PERSONNEL ISSUES
Discussions regarding Personnel Issues including one (1) public employee
regarding evaluation, specifically the Interim City Manager.
The meeting adjourned to Closed Session at 5:00 p.m. and returned to regular session at
5:58 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 5:58 p.m
C"]
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® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — JANUARY 14, 2008
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: Andrea Lueker
Interim City Manager
Robert Schultz
City Attorney
Bridgett Bauer
City Clerk
Rick Algert
Harbor Director
Bruce Ambo
Public Services Director
John DeRohan
Police Chief
Rob Livick
City Engineer
Mike Pond
Fire Chief
Susan Slayton
Finance Director
Dylan Wade
Civil Engineer
® 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 addressed the number of calls received by the Fire Department. He said
Specialty Construction is doing a good job on the new fire station.
Guy Wallace invited the public to a fundraiser on January 26, 2008, honoring Poet Robert
Bums, and will benefit the Central Coast Scottish Society.
Jack Barrett acknowledged Hank Roth and a job well done in the Police Department.
Marla Jo Bruton expressed concern with the due process of cutting trees in the California
Coastal Zone, and reviewed the required process for the cutting of trees.
40
C'
® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — JANUARY 14, 2008
Dannie Tope addressed a proposal from the Department of Drugs and Alcohol in San
Luis Obispo County for an ordinance that would require a class for restaurant owners and
servers regarding the service of alcohol.
John Barta expressed support for Item D-2 (Recommendation from the Harbor Advisory
Board on Regulating Newspaper Racks' on the Embarcadero), and Item D-3
(Consideration of Limiting Chain Stores on the Embarcadero and Downtown Area). He
also announced the filing period for Mayor/Council vacancies for the upcoming primary
election.
The following people expressed opposition to Item D-1 (Discussion on a Ballot Measure
to Increase the Transient Occupancy Tax) noting it could cause a negative impact on
tourism, and requested the City Council consider promoting the City. through the
Business Improvement District: Joan Solu, Andy Hamp, Peter Candela and Michele
Jacquez.
Kelly Vandenheuvel addressed the services of the Pacific Wildlife Animal Rescue.
® Peter Risley expressed concern with the City's water situation that will be problematic in
the future. He said the City should decrease the use of the Desalination Plant because it
is the most expensive procurement of water. Mr. Risley stated the City's water source
should rely on well water.
Jim Phillips expressed support for Item D-2 stating there are approximately 93 newspaper
racks on the Embarcadero, which causes an unsightly view of the City's waterfront.
-Noah Smukler expressed support of Item A4 (Resolution No. 03-08 Authorizing a
Representative to Apply for and Enter into a Grant Agreement With the California
Department of Water Resources Local Groundwater Assistance Grant For A Nitrate
Study In The Chorro Valley) and requested the City maintain and restore its groundwater
resources.
Mayor Peters closed the hearing for public comment.
Mayor Peters called for a break at 7:23 p.m.; the meeting resumed at 7:34 p.m.
4
® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — JANUARY 14, 2008
DECLARATION OF FUTURE AGENDA ITEMS
Councilmember Winholtz requested to schedule a workshop with staff to discuss goals
and priorities on March 31, 2008; there was Council consensus.
Councilmember Winholtz requested to agendize a discussion on sending a letter to
legislators on the Governor's proposal regarding the closure of state parks, there was
Council consensus to discuss this at the next 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 DECEMBER 10, 2007 CITY COUNCIL
MEETING; (ADMINISTRATION)
® RECOMMENDATION: Approve as submitted.
A-2 RESOLUTION NO. 01-08 APPROVING THE CITY INVESTMENT POLICY;
(FINANCE)
RECOMMENDATION: Adopt Resolution No. 01-08.
A-3 RESOLUTION NO. 02-08 APPROVING SUBLEASE FOR LEASE SITES 65-
66/65W-66W LOCATED AT 571 EMBARCADERO; (HARBOR)
RECOMMENDATION: Adopt Resolution No. 02-08.
A4 RESOLUTION NO. 03-08 AUTHORIZING A REPRESENTATIVE TO APPLY
FOR AND ENTER INTO A GRANT AGREEMENT WITH THE CALIFORNIA
DEPARTMENT OF WATER RESOURCES LOCAL GROUNDWATER
ASSISTANCE GRANT FOR A NITRATE STUDY IN THE CHORRO
VALLEY; (PUBLIC SERVICES)
RECOMMENDATION: Adopt Resolution No. 03-08.
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® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — JANUARY 14, 2008
A-5 RESOLUTION NO. 04-08 ENDORSING THE INTEGRATED REGIONAL
WATER MANAGEMENT PLAN PREPARED BY THE COUNTY OF SAN
LUIS OBISPO; (PUBLIC SERVICES)
RECOMMENDATION: Adopt Resolution No. 04-08.
A-6 CITY COUNCIL ANNUAL MEETING SCHEDULE - 2008; (ADMINISTRATION)
RECOMMENDATION: Approve the 2008 meeting schedule.
A-7 ACCEPTANCE OF LETTERS OF RESIGNATION FROM ONE
COMMUNITY PROMOTIONS COMMITTEE MEMBER AND ONE PUBLIC
WORKS ADVISORY BOARD MEMBER; (ADMINISTRATION)
RECOMMENDATION: Accept letters of resignation.
Councilmember Winholtz pulled Items A-2 and A-6 from the Consent Calendar;
® Councilmember DeMeritt pulled Item A-1.
MOTION: Councilmember Winholtz moved the City Council approve the Consent
Calendar with the exception of Items A-1, A-2 and A-6. The motion was
seconded by Councilmember Peirce and carried unanimously. (5-0)
A-1 APPROVAL OF MINUTES FOR THE DECEMBER 10, 2007 CITY COUNCIL
MEETING; (ADMINISTRATION)
Councilmember DeMeritt requested the following amendment to the minutes of
December 10, 2007:
B-2 CONTINUED PUBLIC HEARING ON A BED AND BREAKFAST/MDMD-
USE PROJECT LOCATED AT 214 BEACH STREET; (PAGE 10 — lar
PARAGRAPH):
After discussion, there was a majority Council consensus that street striping should be
paid by the applicant; the requirement to post no parking signs for vehicles over 7 feet
high on Market Street; investigate a flashing red light for pedestrian crossing; and require
covered parking vs. a parking structure. Further discussion also revealed that the
bedroom designed for the applicant's stairs housing unit was not legally designed
under the City's zoning codes.
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T
MINUTES - MORRO BAY CITY COUNCIL
® REGULAR MEETING — JANUARY 14, 2008
Mayor Peters made the following corrections:
B-3 RECONSIDERATION OF PAYMENT TO THE VISITORS AND
CONFERENCE BUREAU; (PAGE 11 — 4Tx PARAGRAPH). `
Mayor Peters stated she has concern with the comparison of other cities representation
with the Visitors and Conference Bureau. She said she did recognize the benefit of the
VCB in filming in the area. Mayor Peters stated she could support funding an additional
$10,000 for this year, and have the VCB review look at the fair share formula based on
General Fund in the futufe the percentage the transient occupancy tax represents of
each city's total General Fund revenue.
MOTION: Councilmember DeMeritt moved the City Council approve Item A-1 of
the Consent Calendar as amended. The motion was seconded by
Councilmember Grantham and carried unanimously. (5-0)
A-2 RESOLUTION NO. 01-08 APPROVING THE CITY INVESTMENT POLICY;
® (FINANCE)
Councilmember Winholtz requested the following amendment to page 2 of the Investment
Policy:
u
Ethics mu! Conflict of Interest: The treasurer and designated staff sheuld shall refrain from
personal business activities that could conflict with the proper execution of the investment
program or which could impair their ability to make impartial decisions.
MOTION: Councilmember Winholtz moved the City Council approve Item A-2 of
the Consent Calendar as amended. The motion was seconded by
Councilmember DeMeritt and carried unanimously. (5-0)
A-6 CITY COUNCIL ANNUAL MEETING SCHEDULE - 2008; (ADMINISTRATION)
Councilmember Winholtz requested an amendment to the proposed meeting schedule in
order to meet jointly with the Planning Commission on February 19 and September 15,
2008.
MOTION: Councilmember Peirce moved the City Council approve Item A-6 of the
Consent Calendar as amended. The motion was seconded by
Councilmember Grantham and carried unanimously. (5-0)
7
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — JANUARY 14, 2008
B. PUBLIC HEARINGS. REPORTS & APPEARANCES
B-1 REVIEW OF RENTAL AGREEMENT FOR SENIOR CENTER;
(RECREATION & PARKS)
Acting Recreation & Parks Director Joe Woods stated the Morro Bay Senior Citizen's
Inc. has operated the Morro Bay Senior Center for 27 years. The first agreement between
the City and the Senior Citizen's, Inc. dates back to February 13, 1980 and defines
relationships and areas of responsibilities. Subsequent agreements have been in place
and the current operating agreement is due to expire on January 15, 2009. The City and
the Morro Bay Senior Citizens, Inc. have been working jointly to provide services for the
senior population for many years. The Recreation and Parks Commission approved the
agreement with minor amendments at their November 1, 2007 meeting. Mr. Woods
recommended the City Council approve the proposed Senior Center Use Agreement and
authorize the Mayor to sign said Agreement on behalf of the City.
Mayor Peters opened the hearing for public comment.
® Norma Vaughan stated the Morro Bay Senior Citizen's Inc. should be considered as a co-
owner of the Community Center and the agreement is for future maintenance of the
building. She said the Senior Citizen's Inc. have always had a good working relationship
with the City.
Mayor Peters closed the hearing for public comment.
MOTION: Councilmember Peirce moved the City Council approve the proposed
Senior Center Use Agreement and authorize the Mayor to sign said
Agreement on behalf of the City. The motion was seconded by
Councilmember Grantham and carried unanimously. (5-0)
C. UNFINISHED BUSINESS
C-1 DISCUSSION ON THE ANNEXATION OF THE BACK BAY AND
CHEVRON BEACHFRONT PROPERTY AS PART OF THE CITY'S SPHERE
OF INFLUENCE; (PUBLIC SERVICES)
Public Services Director Bruce Ambo stated on October 22, 2007, Councilmember
Winholtz requested' to agendize a Council discussion on annexing the back bay and
northerly beachfront portion of the Chevron property. The concept of designating the
Chevron property as a dog park was raised during the deliberations on the City's recently
® amended Sphere of Influence/Municipal Service Review that was conducted by the Local
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MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — JANUARY 14, 2008
Agency Formation Commission. Before a property can be annexed, the property owner
must consent to the annexation, which means there is no prospect for annexation unless and
until the property owner agrees to be annexed into the City. The property owner for the
back bay is the State Lands Commission and Chevron owns the northerly beachfront parcel.
If this project were to proceed, the next step would be formally contacting the property
owners to see if they agree to the City's proposed use of the property and want to be
annexed in to the City. The formal annexation process could begin involving the pre -zoning
of the areas, land use and service impact analysis, and environmental review. Mr. Ambo
recommended the City Council weigh the priority of annexing the back bay and beachfront
portions of the Chevron property and provide further direction to staff.
MOTION: Councilmember Grantham moved the City Council direct staff to inquire
with the property owners if they agree to be annexed into the City. The
motion was seconded by Councilmember DeMeritt.
Councilmember Peirce suggested amending the motion to include language regarding if
the property is decommissioned, would the property owners be willing to donate the
® property to the City.
.Councilmember Grantham accepted the amendment; Councilmember DeMeritt accepted
the amendment to her second.
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VOTE: The motion carried unanimously. (5-0)
D. NEW BUSINESS
D-1 DISCUSSION ON A BALLOT MEASURE TO INCREASE THE TRANSIENT
OCCUPANCY TAX; (FINANCE)
Finance Director Susan Slayton stated at the October 22, 2007 City Council meeting,
Council requested information on placing a voter measure to increase the City's transient
occupancy tax from 101/o to 12% on the 2008 June Primary Election or November
General Election ballot. Transient occupancy tax is currently collected by all entities
renting lodging for 30 days or less at a rate of 10% per rental. Those taxes are remitted
monthly to the City, and that revenue stream accounts for 20.5% of the General Fund's
revenue before transfers in. Ms. Slayton recommended the City Council review this
information and direct staff accordingly.
Councilmember Grantham stated he has proposed to place this measure on the ballot in
order to bring the City more revenue.
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® REGULAR MEETING — JANUARY 14, 2008
The majority of the City Council agreed to wait on the results of the Business Improvement
District, and obtain information on the economic impact on the increase in transient
occupancy tax.
MOTION: Councilmember DeMeritt moved the City Council direct staff to bring
back information on the Business Improvement District, and contact Mr.
Kotin on where to find information on the economic impact on the
increase in transient occupancy tax. The motion was seconded by Mayor
Peters and carried with Councilmember Grantham voting no. (4-1)
D-2 RECOMMENDATION FROM THE HARBOR ADVISORY BOARD ON
REGULATING NEWSPAPER RACKS ON THE EMBARCADERO;
(HARBOR)
Harbor Director Rick Algert stated for over a year, the Harbor Advisory Board has been
discussing a request to the City Council to consider some regulation of news racks in the
waterfront area to improve public health and safety, manage risk, enhance public access,
® minimize view/traffic obstructions, and to improve aesthetics and the business
environment. The Harbor Advisory Board made recommendations to the City Council at
their November 1, 2007 meeting on elements to include in a proposed ordinance. Mr.
Algert recommended the City Council direct the City Attorney to prepare a draft news
rack ordinance to regulate news racks in the waterfront area.
Councilmember DeMeritt stated she would like the racks to be placed on the east side of the
Embarcadero in order to keep them out of the view shed; and perhaps limit the size of the
racks.
Councilmember Grantham stated he would like the advertisers to contribute towards the
purchase and maintenance of the racks.
Councilmember Peirce stated there should be as few racks as possible with an annual
maintenance agreement.
Councilmember Winholtz asked if this ordinance could apply to all areas in the City.
Mayor Peters stated she would like to move forward with an ordinance to regulate news
racks, and discuss the regulation with the newspaper agencies.
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MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — JANUARY 14, 2008
MOTION: Councilmember Peirce moved the City Council accept the Harbor
Advisory Board recommendation to direct the City Attorney to prepare a
draft news rack ordinance to regulate news racks in the waterfront area.
The motion was seconded by Councilmember Grantham and carried
unanimously. (5-0)
D-3 CONSIDERATION OF LIMITING CHAIN STORES ON THE EMBARCADERO
AND DOWNTOWN AREA; (CITY COUNCIL)
Mayor Peters stated to date, Morro Bay has not had any chain stores desiring to locate on
the Embarcadero or in the central downtown area. The City Council has made it a point
to support local small businesses. She suggested Council determine if business owners
and citizens would like to see chain stores limited to certain areas of the City, and
perhaps consider establishing an ordinance providing said limitations. Mayor Peters
provided similar ordinances from the City of Ojai and the City of Port Townsend for
Council information.
Consensus of the City Council was to consider this item when reviewing the Downtown
Vision Plan.
No further action was taken on this item.
D4 SET DATE FOR INTERVIEWS OF COMMISSIONER/ADVISORY BOARD
VACANCIES; (ADMINISTRATION)
MOTION: Councilmember Winholtz moved the City Council extend the deadline to
submit applications for advisory board vacancies to January 25, 2008.
The motion was seconded by Councilmember Grantham and carried
unanimously. (5-0)
The City Council scheduled the interviews for January 30, 2008 at 6:00 p.m. in the
Community Center Multi Purpose Room.
D-5 APPOINTMENT OF REPRESENTATIVES ON DISCRETIONARY BOARDS;
(ADMINISTRATION)
The City Council agreed to maintain their positions on the discretionary boards.
Councilmember DeMeritt requested to be appointed alternate to the Economic Vitality
Corporation. Council requested the San Luis Obispo County Housing Trust Fund be
added to the list of discretionary appointments with Councilmember Winholtz as the
® City's representative.
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REGULAR MEETING — JANUARY 14, 2008
MOTION: Councilmember DeMeritt moved the City Council accept the
appointments as discussed by Council. The motion was seconded by
Councilmember Peirce and carried unanimously. (5-0)
D-6 DISCUSSION ON FORMING A CITY COUNCIL COMPENSATION
COMMITTEE PURSUANT TO SECTION 2.6 OF THE CITY COUNCIL
POLICIES AND PROCEDURES; (CITY ATTORNEY)
City Attorney Robert Schultz 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 back recommendations to the
City Council. Mr. Schultz recommended the City Council review Section 2.6 of the City
Council Policies and Procedures, and direct staff accordingly.
Council requested the following amendment to Section 2.6 (Council Compensation
Committee): A five -member review committee shell mav be appointed by January 31, in
even -numbered years .......
.� MOTION: Councilmember Peirce moved the City Council decline to form a City
Council Compensation Committee, and direct staff to bring back the City
Council Policies and Procedures as amended. The motion was seconded
by Councilmember Grantham and carried unanimously. (5-0)
D-7 APPOINTMENT OF VICE -MAYOR TO SERVE FOR A ONE-YEAR TERM;
(ADMINISTRATION)
Consensus of the City Council was to appoint Councilmember Grantham to serve a one-
year term as Vice -Mayor.
MOTION: Councilmember Winholtz moved the City Council review the City
Council Policies and Procedures regarding appointment of Vice -Mayor
(nomination vs. rotation). The motion was seconded by Councilmember
DeMeritt and carried unanimously. (5-0)
ADJOURNMENT - The meeting adjourned at 9:30 p.m.
Recorded by:
Bridgett B er
\10 City Clerk
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