HomeMy WebLinkAboutJanuary - December0
FN City of Morro Bay
Morro Bay, CA 93442
(805) 772-6200
CITY OF MORRO BAY
CITY COUNCIL
TI
THE REGULAR CITY COUNCIL MEETING
SCHEDULED FOR
MONDAY, DECEMBER 28, 2009
HAS BEEN CANCELED
The next regularly scheduled meeting will be held on
Monday, January 11, 20109 6:00 p.m., Veterans Hall.
® FINANCE ADMINISTRATION FIRE DEPT. PUBLIC SERVICES
595 Harbor Street 595 Harbor Street 715 Harbor Street 955 Shasta Avenue
HARBOR DEPT.
1275 Embarwdero Road
CITY ATTORNEY POLICE DEPT. RECREATION & PARKS
955 Shasta Avenue 970 Morro Bav Boulevard 1001 Keaaedv Wav
® 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 Meeting on Wednesday. December 16, 2009 at 9:00 a.m.
to be held in the City Hall Conference Room located at 595 Harbor Street,
Morro Bay, California. The City Council will be considering the following
0 item:
CS-1 GOVERNMENT CODE SECTION 54956.9(a): CONFERENCE WITH
LEGAL COUNSEL REGARDING PENDING LITIGATION
• SWRCB and Jones v. City of Morro Bay
DATED: December 14, 2009
I:W ��
1141900
MITI
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 — DECEMBER 14, 2009
CLOSED SESSION — DECEMBER 14, 2009
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
terns 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.
Property: 781 Market Street and the Corner of Pacific Street and Market Street.
Negotiating Parties: George Salwasser and the City of Morro Bay.
Negotiations: Purchase and Sale Conditions.
IT IS NOTED THAT THE CONTENTS OF CLOSED SESSION MEETINGS
ARE CONFIDENTIAL AND EXEMPT FROM DISCLOSURE.
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® PUBLIC SESSION — DECEMBER 14, 2009
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.
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• Please refrain from public displays or outbursts such as unsolicited applause,
comments or cheering.
• Any disruptive activities that substantially interfere with the ability of the City
Council to carry out its meeting will not be permitted and offenders will be
requested to leave the meeting.
• Your participation in City Council meetings is welcome and your courtesy
will be appreciated.
In compliance with the Americans with Disabilities Act, if you need special assistance to
participate in this meeting, please contact the City Clerk, (805) 772-6205. Notification 72
hours prior to the meeting will enable the City to make reasonable arrangements to ensure
accessibility to this meeting.
A. CONSENT CALENDAR
Unless an item is pulled for separate action by the City Council, the following actions are
approved without discussion.
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® A-1 APPROVAL OF MINUTES FOR THE REGULAR CITY COUNCIL MEETING
OF NOVEMBER 9, 2009, AND THE SPECIAL MEETING OF NOVEMBER
30, 2009; (ADMINISTRATION)
RECOMMENDATION: Approve minutes as submitted.
A-2 RESOLUTION NO.57-09 APPOINTING THE CITY TREASURER AND CITY
ENGINEER; (ADMINISTRATIVE SERVICES)
RECOMMENDATION: Adopt Resolution No. 57-09 appointing Susan Slayton
as the City Treasurer and Robert Livick as the City Engineer.
A-3 AUTHORIZATION TO SURPLUS AND SELL FIRE ENGINE 45381;
(ADMINISTRATIVE SERVICES)
RECOMMENDATION: Designate Fire engine #5381 as surplus property, and
request the Administrative Services Director sell the vehicle and remove it
from the City's fleet.
A4 RESOLUTION TO APPROVE INTERIM LEASE AGREEMENT FOR LEASE
SITE 96/96W LOCATED AT 945 EMBARCADERO - WHALE'S TAIL;
(HARBOR)
® RECOMMENDATION: Adopt Resolution No. 58-09.
A-5 RESOLUTION TO APPROVE AMENDMENT #4 TO THE LEASE
AGREEMENT FOR LEASE SITE 87-88/87W-88W LOCATED AT 833
EMBARCADERO - OUTRIGGER RESTAURANT; (HARBOR)
RECOMMENDATION: Adopt Resolution No. 59-09.
A-6 APPROVAL OF RESOLUTION AUTHORIZING THE CITY OF MORRO
BAY TO ENTER INTO ABANDONED WATERCRAFT ABATEMENT FUND
CONTRACT WITH THE DEPARTMENT OF BOATING AND
WATERWAYS; (HARBOR)
RECOMMENDATION: Adopt Resolution No. 60-09 authorizing the City to
enter into an Abandoned Watercraft Abatement Fund contract with the
Department of Boating & Waterways.
A-7 RESOLUTION AUTHORIZING AND DELEGATING AUTHORITY TO THE
UTILITIES/CAPITAL PROJECTS MANAGER FOR THE PURSUIT OF A
PROPOSITION 84 WATER TREATMENT GRANT; (PUBLIC SERVICES)
RECOMMENDATION: Adopt Resolution No. 61-09.
E
3
® A-8 RESOLUTION AUTHORIZING STAFF TO SUBMIT THE ENERGY
EFFICIENCY AND CONSERVATION BLOCK GRANT PROGRAM
APPLICATION TO THE CALIFORNIA ENERGY COMMISSION FOR
GRANT FUNDS TO EXECUTE THE PROPOSED IMPROVEMENTS
IDENTIFIED IN THE CALIFORNIA ENERGY COMMISSIONS ENERGY
AUDIT LETTER REPORT; (RECREATION & PARKS)
RECOMMENDATION: Adopt Resolution No. 62-09 allowing the City to accept
grant monies for the execution of the improvements identified in the
California Energy Commission Energy Audit Letter Report.
A-9 STATUS REPORT ON APPLICATIONS FOR ECONOMIC STIMULUS
FUNDING; (ADMINISTRATION)
RECOMMENDATION: Receive for information.
B. PUBLIC HEARINGS. REPORTS & APPEARANCES
B-1 DISCUSSION ON FISCAL YEAR 2009/10 TRANSPORTATION
DEVELOPMENT ACT FUNDING CUT TO TRANSIT AND
CONSIDERATION OF MORRO BAY DIAL -A -RIDE SERVICE OPTIONS;
(PUBLIC SERVICES)
® RECOMMENDATION: Discuss and direct staff accordingly.
B-2 CONSIDERATION OF PARTICIPATION IN A COUNTYWIDE AB 811
CONTRACTUAL ASSESSMENT PROGRAM (CALIFORNIAFIRST) TO
FINANCE ENERGY EFFICIENCY IMPROVEMENTS AND DISTRIBUTED
RENEWABLE ENERGY; (PUBLIC SERVICES)
RECOMMENDATION: Adopt Resolution No. 63-09 authorizing the City to
become a participating member agency in the CaliforniaFIRST Program.
B-3 ADOPTION OF RESOLUTION NO. 65-09 APPROVING THE REAL ESTATE
AGREEMENT FOR THE SALE OF CITY -OWNED PROPERTY AT 781
MARKET AND THE CITY -OWNED PROPERTY AT THE CORNER OF
PACIFIC AND MARKET IN MORRO BAY, CALIFORNIA; (CITY ATTORNEY)
RECOMMENDATION: Adopt Resolution No. 65-09.
B4 DISCUSSION AND DIRECTION REGARDING PLACING A MEASURE ON
THE JUNE 2010 GENERAL ELECTION BALLOT APPROVING AN INCREASE
OF THE CITY'S TRANSIENT OCCUPANCY TAX (TOT); (CITY ATTORNEY)
RECOMMENDATION: Provide direction to staff regarding placing a measure
on the June 8, 2010 ballot increasing the TOT from 10% to 12%.
L,
® C. UNFINISHED BUSINESS
C-1 ENDING THE DECLARATION OF A WATER EMERGENCY FOR THE
STATE WATER SHUTDOWN AND REPEAL OF THE MANDATORY
CONSERVATION REQUIREMENT AND ADOPTION OF A STANDING
WATER EMERGENCY DURING REDUCED OR NON STATE WATER
DELIVERY PERIODS; (PUBLIC SERVICES)
RECOMMENDATION: Repeal Resolution No. 50-09 declaring a water
emergency during the State Water Project annual maintenance shutdown
and instituting mandatory conservation requirements; and, adopt Resolution
No. 64-09 declaring a water emergency during periods of time when State
Water Project deliveries are below 35%.
C-2 STATUS REPORT ON THE FLOOR -AREA -RATIO (FAR) FORMULA TO
PROJECTS FROM MAY TO OCTOBER 2009; (PUBLIC SERVICES)
RECOMMENDATION: Receive and file as status report, or provide direction to
staff.
D. NEW BUSINESS
D-1 DISCUSSION ON WATER QUALITY TESTING IN MORRO BAY'S
® DRINKING WATER; (PUBLIC SERVICES)
RECOMMENDATION: This item was pulled from the agenda.
D-2 UPDATE ON THE WORK PROGRAM FOR DEVELOPING A PRELIMINARY
CLIMATE ACTION PLAN; (PUBLIC SERVICES)
RECOMMENDATION: Receive and file this update of activities related to state,
county, and /or local programs and updates to regulatory codes and
standards.
D-3 DISCUSSION ON USING IN -LIEU FUNDS FOR CAPITAL PROJECT STUDIES
SUCH AS THE HOUSING ELEMENT OR GENERAL PLAN UPDATE; (PUBLIC
SERVICES)
RECOMMENDATION: Review the use of affordable housing in -lieu fees as an
appropriate funding source for plans, studies and reports on a case -by -case
basis; and, authorize the City Manager to commission up to $5,0000 annually
for affordable housing project costs for plans, studies, reports or
participation in key affordable housing alliances with other affordable
housing providers; and/or direct staff accordingly.
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D4 DISCUSSION ON OPTIONS FOR FUNDING THE CAL POLY VISIONING
PROJECT FOR THE DOWNTOWN AREA; (PUBLIC SERVICES)
RECOMMENDATION: Evaluate the options provided for funding of the Cal
Poly Visioning Project, and direct staff accordingly.
D-5 REQUEST FOR A DECREASE IN THE PARKING IN -LIEU FEES FOR 600
MORRO BAY BOULEVARD; (PUBLIC SERVICES)
RECOMMENDATION: Review the request to reduce the parking in -lieu fees for
600 Morro Bay Boulevard, and direct staff accordingly.
D-6 SCHEDULE DATE FOR INTERVIEWS OF COMMISSIONER/ADVISORY
BOARD VACANCIES; (ADMINISTRATION)
RECOMMENDATION: Advise staff on advertising efforts to fdl upcoming
vacancies on the City's Commissions and Advisory Boards.
E. DECLARATION OF FUTURE AGENDA ITEMS
F. 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 — DECEMBER 14, 2009
CITY HALL CONFERENCE ROOM - 5:00 P.M.
Mayor Peters called the meeting to order at 5:00 p.m
PRESENT: Janice Peters
Mayor
Carla Borchard
Councilmember
Rick Grantham
Councilmember
Noah Smukler
Councilmember
Betty Winholtz
Councilmember
STAFF: Andrea Lueker
City Manager
Robert Schultz
City Attorney
CLOSED SESSION
MOTION: Councilmember Borchard moved the meeting be adjourned to Closed
Session. The motion was seconded by Councilmember Winholtz and
unanimously carried. (5-0)
Mayor Peters read the Closed Session Statement.
CS-1 GOVERNMENT CODE SECTION 54957.6; CONFERENCE WITH
LABOR NEGOTIATOR. Conference with the City'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.
Property: 781 Market Street and the Comer of Pacific Street and Market Street.
Negotiating Parties: George Salwasser and the City of Morro Bay.
Negotiations: Purchase and Sale Conditions.
The meeting adjourned to Closed Session at 5:00 p.m. and returned to regular session at
5:45 p.m.
MOTION: Councilmember Borchard moved the meeting be adjourned. The motion
was seconded by Councilmember Winholtz and unanimously carried. (5-0)
0 The meeting adjourned at 5:45 p.m.
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — DECEMBER 14, 2009
VETERANS MEMORIAL HALL - 6:00 P.M.
Mayor Peters called the meeting to order at 6:00 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
Janeen Burlingame
Rick Algert
Bruce Ambo
Rob Livick
Tim Olivas
Mike Pond
® Christine Rogers
Susan Slayton
Dylan Wade
Kathleen Wold
Joe Woods
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City Manager
City Attorney
City Clerk
Management Analyst
Harbor Director
Public Services Director
City Engineer
Police Commander
Fire Chief
Housing Programs Coordinator
Administrative Services Director
Utilities/Capital Projects Manager
Senior Planner
Recreation & Parks Directo5r
ESTABLISH QUORUM AND CALL TO ORDER
MOMENT OF SILENCE
PLEDGE OF ALLEGIANCE
MAYOR AND COUNCIL MEMBERS REPORTS, ANNOUNCEMENTS &
PRESENTATIONS
CLOSED SESSION REPORT - City Attorney Robert Schultz reported the City Council
met in Closed Session, and no reportable action under the Brown Act was taken.
PUBLIC COMMENT
Hank Roth expressed his appreciation towards the volunteers for their help with the
Caroling Cop Cars Program.
Robert Davis, Morro Bay Citizens Bike Committee, stated the San Luis Obispo Council
of Governments called for a current list of Unmet Bike Needs be presented at their
meeting on December 2, 2009. Mr. Davis listed the items of Unmet Bike Needs
presented to the Council of Governments for the City Council's information.
® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — DECEMBER 14, 2009
Priscilla Handley, United States Census Bureau representative for San Luis Obispo
County, stated she is working in conjunction with the San Luis Obispo Council of
Governments to support the upcoming Census operations for 2010. She stated the U.S.
Census Bureau is still hiring for the 2010 Census.
Peter Candela, Morro Bay Chamber of Commerce, announced upcoming events.
Doug Claussen, Morro Dunes RV Park, expressed the need for financial assistance for
the City's Police Department. He also addressed Item B4 (Discussion and Direction
Regarding Placing a Measure on the June 2010 General Election Ballot Approving an
Increase of the City's Transient Occupancy Tax) and said the City should not increase the
TOT more than 1 % due to the challenging economy.
Claire Grantham announced there will be free public HINI shot clinics at the San Luis
Obispo, Paso Robles and Grover Beach Public Health Departments on Tuesday,
December 15's.
® Gerald Luhr stated he would be available to answer questions regarding Item D4
(Discussion on Options for Funding the Cal Poly Visioning Project for the Downtown
Area).
John Barta stated he is interested in Council's discussion on Item C-2 (Status Report on
the Floor -Area -Ratio (Far) Formula to Projects from May to October 2009).
Joan Solu expressed support for Item D-4 noting it would be fabulous for the City's
downtown area.
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 APPROVAL OF MINUTES FOR THE REGULAR CITY COUNCIL MEETING
OF NOVEMBER 9, 2009, AND THE SPECIAL MEETING OF NOVEMBER
30, 2009; (ADMINISTRATION)
RECOMMENDATION: Approve minutes as submitted.
El
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MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — DECEMBER 14, 2009
A-2 RESOLUTION NO.57-09 APPOINTING THE CITY TREASURER AND CITY
ENGINEER; (ADMINISTRATIVE SERVICES)
RECOMMENDATION: Adopt Resolution No. 57-09 appointing Susan Slayton
as the City Treasurer and Robert Livick as the City Engineer.
A-3 AUTHORIZATION TO SURPLUS AND SELL FIRE ENGINE #5381;
(ADMINISTRATIVE SERVICES)
RECOMMENDATION: Designate Fire engine #5381 as surplus property, and
request the Administrative Services Director sell the vehicle and remove it
from the City's fleet.
A4 RESOLUTION TO APPROVE INTERIM LEASE AGREEMENT FOR LEASE
SITE 96/96W LOCATED AT 945 EMBARCADERO - WHALE'S TAIL;
(HARBOR)
® RECOMMENDATION: Adopt Resolution No. 58-09.
A-5 RESOLUTION TO APPROVE AMENDMENT #4 TO THE LEASE
AGREEMENT FOR LEASE SITE 87-88/87W-88W LOCATED AT 833
EMBARCADERO - OUTRIGGER RESTAURANT; (HARBOR)
RECOMMENDATION: Adopt Resolution No. 59-09.
A-6 APPROVAL OF RESOLUTION AUTHORIZING THE CITY OF MORRO
BAY TO ENTER INTO ABANDONED WATERCRAFT ABATEMENT FUND
CONTRACT WITH THE DEPARTMENT OF BOATING AND
WATERWAYS; (HARBOR)
RECOMMENDATION: Adopt Resolution No. 60-09 authorizing the City to
enter into an Abandoned Watercraft Abatement Fund contract with the
Department of Boating & Waterways.
A-7 RESOLUTION AUTHORIZING AND DELEGATING AUTHORITY TO THE
UTILITIES/CAPITAL PROJECTS MANAGER FOR THE PURSUIT OF A
PROPOSITION 84 WATER TREATMENT GRANT; (PUBLIC SERVICES)
RECOMMENDATION: Adopt Resolution No. 61-09.
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MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — DECEMBER 14, 2009
A-8 RESOLUTION AUTHORIZING STAFF TO SUBMIT THE ENERGY
EFFICIENCY AND CONSERVATION BLOCK GRANT PROGRAM
APPLICATION TO THE CALIFORNIA ENERGY COMMISSION FOR
GRANT FUNDS TO EXECUTE THE PROPOSED IMPROVEMENTS
IDENTIFIED IN THE CALIFORNIA ENERGY COMMISSIONS ENERGY
AUDIT LETTER REPORT; (RECREATION & PARKS)
RECOMMENDATION: Adopt Resolution No. 62-09 allowing the City to accept
grant monies for the execution of the improvements identified in the
California Energy Commission Energy Audit Letter Report.
A-9 STATUS REPORT ON APPLICATIONS FOR ECONOMIC STIMULUS
FUNDING; (ADMINISTRATION)
RECONUKENDATION: Receive for information.
Councilmember Winholtz pulled Item A-2 from the Consent Calendar; Mayor Peters pulled
Item A-5 and Councilmember Smukler pulled Item A-8.
MOTION: Councilmember Borchard moved the City Council approve the Consent
Calendar with the exception of Items A-2, A-5 and A-8. The motion was
seconded by Councilmember Winholtz and carried unanimously. (5-0)
A-2 RESOLUTION NO.57-09 APPOINTING THE�CITY TREASURER AND CITY
ENGINEER; (ADMINISTRATIVE SERVICES)
Councilmember Winholtz asked if this request would affect the evaluation process.
City Attorney Robert Schultz responded it would not affect the administrative process.
Councilmember Winholtz stated she would like to update this ordinance next year.
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)
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® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — DECEMBER 14, 2009
A-5 RESOLUTION TO APPROVE AMENDMENT 94 TO THE LEASE
AGREEMENT FOR LEASE SITE 87-88/87W-88W LOCATED AT 833
EMBARCADERO - OUTRIGGER RESTAURANT; (HARBOR)
Mayor Peters stated the California Coastal Commission approved the proposed conference
center for Lease Site 87-88/87W-88W. She noted Burt Caldwell has stated he would like to
start construction by the end of next year and requested the City Council consider extending
the lease site extension for 6 months with two 3-month extensions thereafter.
MOTION: Mayor Peters moved the City Council approve extending the lease
agreement for Lease Site 87-88/87W-88W for six (6) months with two 3-
month extensions thereafter. The motion was seconded by
Councilmember Grantham. The motion failed with Councilmember
Borchard, Councilmember Smukler and Councilmember Winholtz voting
no. (2-3)
MOTION: Councilmember Borchard moved the City Council adopt Resolution No
59-09 approving Amendment #4 to extend the existing Lease Agreement ®
one year for Lease Site 87-88/87W-88W located at 833 Embarcadero.
The motion was seconded by Councilmember Winholtz and carried with
Mayor Peters voting no. (4-1)
A-8 RESOLUTION AUTHORIZING STAFF TO SUBMIT THE ENERGY
EFFICIENCY AND CONSERVATION BLOCK GRANT PROGRAM
APPLICATION TO THE CALIFORNIA ENERGY COMMISSION FOR
GRANT FUNDS TO EXECUTE THE PROPOSED IMPROVEMENTS
IDENTIFIED IN THE CALIFORNIA ENERGY COMMISSIONS ENERGY
AUDIT LETTER REPORT; (RECREATION & PARKS)
Councilmember Smukler requested staff review the Energy Efficiency Program for public
information.
MOTION: Councilmember Smukler moved the City Council approve Item A-8 of the
Consent Calendar. The motion was seconded by Councilmember
Winholtz and carried unanimously. (5-0)
Mayor Peters called for a break at 6:53 p.m.; the meeting resumed at 7:03 p.m.
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® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — DECEMBER 14, 2009
B. PUBLIC HEARINGS, REPORTS & APPEARANCES
B-1 DISCUSSION ON FISCAL YEAR 2009/10 TRANSPORTATION
DEVELOPMENT ACT FUNDING CUT TO TRANSIT AND
CONSIDERATION OF MORRO BAY DIAL -A-RIDE SERVICE OPTIONS;
(PUBLIC SERVICES)
Management Analyst Janeen Burlingame stated the Transportation Development Act
TDA) provides two sources of funding for transportation programs. The first, the Local
Transportation Fund (LTF), is derived from 1/4 cent of each 7.75 cents collected in retail
sales taxes. The second, State Transit Assistance (STA) is derived from the statewide
sales tax on vehicle fuel. Annually SLOCOG apportions TDA funds based on estimates
provided by the State; these funds include LTF and STA (the Governor's adopted budget
eliminated STA funds in fiscal year 2009/10.) There are essentially two options available
to the City to combat the loss in transit funding for this fiscal year: 1) find alternative
revenue sources in the amount of the funding loss, or 2) implement service cuts if
alternative funding cannot be identified to compensate for all or part of the funding
® shortfall. Ms. Burlingame recommended the City Council: 1) approve use of up to 101/6
of the City's awarded American Recovery and Reinvestment Act (ARRA) 5311 grant and
revenue from the sale of the 1985 trolley to compensate for the TDA funding cut to the
City's 2009/2010 fiscal year transit allocation; 2) approve using general accumulation
funds to retain existing levels of Dial -a -Ride service for fiscal year 2009/2010 only if the
ARRA 5311 grant and revenue from the trolley sale in recommendation #1 do not make
up the entire cut to the City's fiscal year 2009/2010 TDA allocation; or 3) if
recommendations 1 and 2 are not approved, approve reducing Monday through Friday
Morro Bay Dial -a -Ride service days by six (6) hours each day to be effective between
January 15, 2010 and June 30, 2010 to compensate for the TDA funding cut to the City's
2009/2010 fiscal year transit allocation.
Mayor Peters opened the hearing for public comment.
The following people expressed support for maintaining the current Dial -a -Ride services:
Peter Candela, Susan Brown, Rita Tomack, Vicki Landis, Camille Watkins and Levi Tyler.
Mayor Peters closed the public comment hearing.
Councilmember Grantham stated this is a compassionate service and should be fully
funded out of the Accumulation Fund.
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® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — DECEMBER 14, 2009
Councilmember Smukler stated he agrees this service should be maintained at the current
level. He said he would like the Public Works Advisory Board take charge in
considering the future of this program; perhaps consider a "Friends of Public
Transportation" program.
Councilmember Winholtz stated she supports maintaining this service at its current level.
Councilmember Borchard agrees that the Public Works Advisory Board should consider
the future funding of this program and how to increase ridership. She said she supports
staff recommendation #1 approving the use of up to 10% of the City's awarded American
Recovery and Reinvestment Act 5311 grant and proceeds from the sale of the 1985
trolley to compensate for the TDA funding cut to the City's 2009/10 fiscal year transit
allocation.
Mayor Peters stated she agrees the City should maintain the current Dial -a -Ride service.
MOTION: Councilmember Winholtz moved the City Council: 1) approve using
general accumulation funds to retain existing levels of Dial -a -Ride service
® for fiscal year 2009/10 only if the American Recovery and Reinvestment
Act 5311 grant and revenue from the trolley sale do not make up the entire
cut to the City's fiscal year 2009/10 TDA allocation; and 2) forward to the
Public Works Advisory Board for discussion on Dial -a -Ride services,
future funding, and how to increase ridership. The motion was seconded
by Councilmember Grantham and carried unanimously. (5-0)
B-2 CONSIDERATION OF PARTICIPATION IN A COUNTYWIDE AB 811
CONTRACTUAL ASSESSMENT PROGRAM (CALIFORNIAFIRST) TO
FINANCE ENERGY EFFICIENCY IMPROVEMENTS AND DISTRIBUTED
RENEWABLE ENERGY; (PUBLIC SERVICES)
Housing Programs Coordinator Christine Rogers stated the CaliforniaFIRST Program is
being instituted by California Communities, a joint powers authority sponsored by the
League of California Cities and the California State Association of Counties, to allow
owners of property in participating cities and counties to finance renewable energy,
energy efficiency and water efficiency improvements on their property. If a property
owner chooses to participate, the improvements will be financed by the issuance of bonds
by California Communities. California Communities will levy "contractual assessments"
on the owner's property to repay the portion of the bonds issued to finance the
improvements on that property. San Luis Obispo County has initiated action to
participate in the program and is considering formal adoption of the resolutions to
participate in the program later this month. As requested, the City Manager has sent a
® letter to the California Energy Commission expressing the City's interest in participating
® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — DECEMBER 14, 2009
in the program by the November 20`s deadline. The program also requires the adoption
of a resolution of participation by the City Council prior to January 18, 2010. The
general advantage of the program is that the City can work through the overall State
program and that the majority of the program administration would be covered by outside
resources. The City already has an ambitious energy conservation component to its
affordable housing rehabilitation program, but this is only available to households that
income -qualify. Ms. Rogers recommended the City Council adopt Resolution No. 63-09
authorizing the City of Morro Bay to become a participating member agency in the
CaliforniaFIRST Program and direct staff to continue the process to implement the
CaliforniaFIRST Program within the City.
Mayor Peters opened the hearing for public comment.
Margaret Ambersavage, Central Coast Chapter of the United States Green Building
Council, stated their organization fully supports AB811. She said this energy and
efficiency program would implement solar and other renewable energy sources to reduce
our carbon footprint.
® Gerald Luhr stated this is an excellent program which the County requires an energy
performance audit. He asked if that would also be included in the City's program. Mr.
Luhr recommended the City Council approve participation in this program.
Mayor Peters closed the public comment hearing.
MOTION: Councilmember Smukler moved the City Council adopt Resolution No.
63-09 authorizing the City of Morro Bay to become a participating
member agency in the CaliforniaFIRST Program and direct staff to
continue the process to implement the CaliforniaFIRST Program within
the City. The motion was seconded by Councilmember Grantham and
carried unanimously. (5-0)
B-3 ADOPTION OF RESOLUTION NO. 65-09 APPROVING THE REAL ESTATE
AGREEMENT FOR THE SALE OF CITY -OWNED PROPERTY AT 781
MARKET AND THE CITY -OWNED PROPERTY AT THE CORNER OF
PACIFIC AND MARKET IN MORRO BAY, CALIFORNIA; (CITY ATTORNEY)
City Attorney Robert Schultz stated the City obtained ownership of the property located
at the Northeast comer of Market Avenue and Pacific Street in 2001. The real property is
a f14,387 square foot parcel currently improved with an asphalt -paved 40-space
automobile parking lot. The property was purchased for $500,000 using parking in -lieu
0 funds. The City will need to reimburse the parking in -lieu fund $500,000 unless the funds
® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — DECEMBER 14, 2009
are reallocated to another project. The City obtained ownership of the property located at
781 Market Street in 2002. The real property is a f6,769 square foot parcel and is
currently improved with a vacant masonry building previously used as a restaurant.
General Fund monies were used for the purchase of the property. The purchase of the
property at 781 Market Street was part of a purchase that also included the property at
714 Embarcadero. Since 2002, the City has unsuccessfully issued a series of RFP's to
develop the properties into a hotel/conference center. The buyer, George Salwasser, has
accepted the terms and conditions of the Real Estate Agreement and will purchase the
property at 781 Market Street and at the corner of Pacific and Market for $1,500,000.00.
Mr. Schultz recommended the City Council approve the Real Estate Agreement and
adopt Resolution No. 65-09 approving the sale of City -owned property located at 781
Market Street and at the corner of Pacific and Market Street for $1,500,000.00.
Mayor Peters opened the hearing for public comment.
John Mayers expressed support of the sale of this property; however, he does not agree
with the structuring of the proposed transaction which seems to greatly favor the investor.
He said the City should not get into the banking business and should move forward with a
clean sale with another investor.
® John Barta addressed the sale of the parking lot and noted the funds should be reimbursed
to the in -lieu parking fund.
r
Mayor Peters closed the public comment hearing.
Councilmember Winholtz stated she is going to support the sale of this property because
the City has had this property up for sale in both good and poor economic times and has
not been able to sell it, and the City needs to cut its losses and move forward.
Councilmember Winhohz stated she would like this money to be used to build a
bathroom downtown.
Councilmember Grantham stated the City will benefit by the Lift Station purchased by
the buyer of the property, and he supports moving forward with the sale of this property.
Councilmember Smukler stated he also supports the sale of this property since the buyer
has liquid assets to be able to focus on rehabilitating the property. He said he is hoping to
reinvest these funds in community development projects.
Councilmember Borchard expressed her support on the sale of the property. She noted a
correction on Item 23 in Resolution No. 65-09 that the City will not be responsible for the
proposed Lift Station.
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® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — DECEMBER 14, 2009
Mayor Peters stated she is ambivalent to selling this property because she would prefer to
maintain it as lease property in order for the City to have constant income.
MOTION: Councilmember Borchard moved the City Council adopt Resolution No.
65-09 approving the Real Estate Agreement for the sale of City -Owned
Property at 781 Market and the City -Owned Property at the Corner of
Pacific and Market in Morro Bay, California, with the amendment to Item
#23 in the contract stating that the City will not be responsible for any
operation and maintenance of the Lift Station, and will negotiate the hours
of operation only. The motion was seconded by Councilmember Grantham
and carried with Mayor Peters voting no. (4-1)
B-4 DISCUSSION AND DIRECTION REGARDING PLACING A MEASURE ON
THE JUNE 2010 GENERAL ELECTION BALLOT APPROVING AN INCREASE
OF THE CITY'S TRANSIENT OCCUPANCY TAX (TOT); (CITY ATTORNEY)
City Attorney Robert Schultz stated at the June 23, 2009 meeting, City Council directed
staff to draft enabling documents to submit a tax measure increasing the City's Transient
Occupancy Tax (TOT) on the June 8, 2010 ballot for voter approval as part of the
General Municipal Election. TOT at a rate of 10% per rental is currently collected by all
entities renting lodging for 30 days or less. Those taxes are remitted monthly to the City,
and that revenue stream accounts for approximately 18% of the General Fund's revenues
before transfers in. TOT is the second largest revenue source to the City (property tax is
the largest.) In order to increase TOT, the City must hold an election at the same time
that an election is held where members of the City Council will be elected. In addition,
pursuant to State law, any increase of the tax rate must first be approved by a 2/3 vote (4
members) of the City Council and then a majority vote of the City's voters who vote at a
regular Municipal Election. Mr. Schultz recommended the City Council discuss and direct
staff regarding placing a measure on the June 8, 2010 ballot increasing the Transient
Occupancy Tax from 10% to 12%. The deadline for submittal of such a measure to the
County is February 24, 2010.
Mayor Peters opened the hearing public comment.
The following people expressed opposition to placing a measure on the June 2010
General Election ballot approving an increase in the City's Transient Occupancy Tax:
John Solu, Mike Casola, Chris Duty Jonni Biaggini, Peter Candela, Joan Solu, John
Barta, Peter Beaman, George Leage, John Gerber, and Ken Vesterfelt.
Mayor Peters closed the public comment hearing.
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® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — DECEMBER 14, 2009
MOTION: Mayor Peters moved the City Council continue this item to the January 25,
2010 City Council meeting. The motion was seconded by Councilmember
Grantham and carried unanimously. (5-0)
Mayor Peters called for a break at 8:43 p.m.; the meeting resumed at 8:51 p.m.
C. UNFINISHED BUSINESS
C-1 ENDING THE DECLARATION OF A WATER EMERGENCY FOR THE
STATE WATER SHUTDOWN AND REPEAL OF THE MANDATORY
CONSERVATION REQUIREMENT AND ADOPTION OF A STANDING
WATER EMERGENCY DURING REDUCED OR NON STATE WATER
DELIVERY PERIODS; (PUBLIC SERVICES)
Utilities/Capital Projects Manager Dylan Wade stated the City has four main sources of
water supply, which include the State Water Project, Chorro groundwater, Morro
groundwater, and a Desalination Plant. The State Water Project has become the primary
® source of supply. Each year the State Water Project undergoes a maintenance shutdown;
during this time the primary water supply source for the City is unavailable. The
contamination of our groundwater resources with nitrates, by agricultural activities in
both the Morro and Chorro groundwater basins have further impacted the City's water
supplies. During the State Water shutdown, or periods of greatly reduced deliveries, it is
necessary to blend our groundwater sources with water from other sources to reduce
nitrate levels in the distribution system. When blending high nitrate sources, having a
reduction in demands helps to keep high nitrate sources of water ofiline which in turn
keeps system nitrate levels at an acceptable level. In order to reduce water demands
during critical water supply periods, the Council can declare an emergency and thereby
authorize the Public Services Director to institute Mandatory Water Conservation
Requirements as outlined in the municipal code. Mr. Wade recommended the City
Council repeal Resolution No. 50-09 declaring a water emergency during the State Water
Project annual maintenance shutdown and instituting mandatory conservation
requirements. He also recommended the City Council adopt Resolution No. 64-09
declaring a water emergency during periods of time when State Water Project deliveries
are below 35% and authorizing the Public Services Director to implement mandatory
conservation requirements as outlined in the municipal code.
El
Councilmember Winholtz stated she supports going to Level B (Moderately Restricted
Water Supply Conditions), which is stable especially for non -permanent residents.
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® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — DECEMBER 14, 2009
Councilmember Grantham stated he would like to receive a monthly report that shows
where the City is currently and where it is projected to be in the next month in order to
see problems coming.
Mayor Peters agreed with going to Level B as the City's standard water restriction, and
by receiving a monthly report will be a constant reminder of how the City is doing.
Councilmember Smukler stated he supports adopting Level B as the City's standard
water restrictions. He said he would also like to improve public education regarding
water conservation.
Councilmember Borchard stated she supports the consistency of Level B water
restrictions.
MOTION: Councilmember Winholtz moved the City Council adopt Resolution No.
64-09 as modified by Council wherein the Public Services Director is
directed to implement Section (B) Moderately Restricted Water Supply
® Conditions. The motion was seconded by Councilmember Grantham and
carried unanimously. (5-0)
C-2 STATUS REPORT ON THE FLOOR -AREA -RATIO (FAR) FORMULA TO
PROTECTS FROM MAY TO OCTOBER 2009; (PUBLIC SERVICES)
Public Services Director Bruce Ambo stated at the March 30, 2009 joint City
Council/Planning Commission meeting, the Council directed staff to include a paragraph
in the staff reports for the Planning Commission on how the floor -to -area ratios (FAR)
compiled by a citizens' committee would compare on projects. There has been
considerable analysis and community debate on the subject of FAR's and numerous
community meetings, Planning Commission and City Council hearings dating back to
2007. In September 2007, the City Council enacted an interim urgency ordinance
requiring the review and approval of a Conditional Use Permit at the Planning
Commission for any residence exceeding 2,500 square feet (excluding a 400 sq. ft.
allowance for the garage) in the R-1, Single Family Residential zone. This interim
ordinance was again extended in September 2008, and has now lapsed. Mr. Ambo
recommended the City Council receive and file this report and/or provide further
direction to staff.
MOTION: Mayor Peters moved the City Council direct staff to return with a
resolution reinstating the 2,500 square foot single family residential
review level. The motion was seconded by Councilmember Winholtz and
® carried with Councilmember Borchard voting no. (4-1)
13
® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — DECEMBER 14, 2009
MOTION: Mayor Peters moved the City Council direct staff to start the process of
amending the code addressing neighborhood compatibility in single family
residential areas using the non -numeric methodology that was originally
recommended by staff. The motion was seconded by Councilmember
Winholtz and carried with Councilmember Borchard and Councilmember
Grantham voting no. (3-2)
D. NEW BUSINESS
D-1 DISCUSSION ON WATER QUALITY TESTING IN MORRO BAY'S
DRINKING WATER; (PUBLIC SERVICES)
This item was pulled from the agenda.
D-2 UPDATE ON THE WORK PROGRAM FOR DEVELOPING A PRELIMINARY
CLIMATE ACTION PLAN; (PUBLIC SERVICES)
® Housing Programs Coordinator Christine Rogers stated the purpose of this working
program is to identify all of the unfunded environmental and energy efficiency programs
that are mandated by the State, establish some sort of timing and order to accomplish the
implementation of them, and efficiently allocate staff resources. The work program is a
living document, and must respond to frequent changes in the regulatory and
environmental framework, as well the availability of pertinent data and improved
methodologies. A review of the work program identifies the program activities, target
dates, responsible department, outcome and progress to date. Ms. Rogers recommended
the City Council receive and file this update of activities to be undertaken related to state,
county, and/or local programs and updates to regulatory codes and standards.
r�1
L� J
Council received this report for information; no action was taken on this item.
D-3 DISCUSSION ON USING IN -LIEU FUNDS FOR CAPITAL PROJECT STUDIES
SUCH AS THE HOUSING ELEMENT OR GENERAL PLAN UPDATE; (PUBLIC
SERVICES)
Public Services Director Bruce Ambo stated this item was placed on the agenda by
Councilmember Winhohz, presumably out of concern that funds from the affordable
housing in -lieu fees were being spent on plans, studies and/or reports instead of
affordable housing projects. The provisions for the use of affordable housing in -lieu fees
are set forth in the Zoning Ordinance as follows:
14
® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — DECEMBER 14, 2009
"Section 17.50.060 B. Fees accepted for affordable housing shall be used
by the City to construct or assist in the construction of housing for rem or
sale to very low, low and moderate income families or to purchase land for
the purpose of affordable housing or to assist very low, low and moderate
income families to afford adequate housing or for other measures to
provide housing for low and moderate income families. The City may, at
its option, transfer in -lieu fees to another public agency as a nonprofit
housing provider for the purpose of providing affordable housing in the
City of Morro Bay."
Staff requested the City Council address the issue more globally and to look at all in -lieu
funds associated with the City.
The City Council agreed to receive the in -lieu fee reduction requests on a case -by- case basis.
No further action was taken on this item.
D-4 DISCUSSION ON OPTIONS FOR FUNDING THE CAL POLY VISIONING
® PROJECT FOR THE DOWNTOWN AREA; (PUBLIC SERVICES)
r
City Manager Andrea Lueker stated at the March 30, 2009 Joint City Council/Planning
Commission meeting, there was direction to form a sub -committee to prepare an
outlinelcompilation of the available visioning documents that the City had generated or
had been generated for the City. The sub -committee was formed with Councilmember
Smukler and Planning Commissioners Luhr and Diodati. The sub -committee reviewed
approximately ten such studies, containing over 30 years of information. During this
period, the sub -committee met, a relationship was also forged with the Cal Poly City and
Regional Planning Department "Design Studio" graduate class, and discussion ensured as
to some of the opportunities that might exist to work with the City. The issue was
discussed at the November 30, 2009 Joint City Council/Planning Commission meeting,
and was well -received by both the City Council and the Planning Commission. At that
meeting, the City Council motioned for staff to bring back options for funding the
project, an approximate $10,000 cost. Staff has identified 4 possible funding sources,
including: 1) the Accumulation Fund/Reserve Fund; 2) Unallocated Measure Q funds; 3)
Unrestricted CDBG funding; or 4) Council's savings of $16,879 (decreased health care &
contingency funds). Ms. Lueker recommended the City Council evaluate the options
provided for funding of the Cal Poly Visioning Project and provide further direction to
staff.
15
® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — DECEMBER 14, 2009
Councilmember Smukler and Gerald Luhr reviewed the information received from the
studies reviewed by the sub -committee, and discussions with the Cal Poly City and
Regional Planning Department regarding opportunities in working with the City of Morro
Bay.
MOTION: Councilmember Winholtz moved the City Council approve the funding of
the Cal Poly Visioning Project from the sale of the 781 Market Street
property. The motion was seconded by Councilmember Smukler.
Councilmember Winholtz amended her motion to fund the Cal Poly Visioning Project
from CDBG funds; Councilmember Smukler accepted the amendment to his second
VOTE: The motion carried unanimously. (5-0)
D-5 REQUEST FOR A DECREASE IN THE PARKING IN -LIEU FEES FOR 600
MORRO BAY BOULEVARD; (PUBLIC SERVICES)
® Public Services Director Bruce Ambo stated the project located at 600 Morro Bay
Boulevard (16-unit residential/3,330 sq. ft. commercial mixed use) is unoccupied and
recently constructed. The project proponents have signed the parking in -lieu fee
agreement and they are in the process of finalizing their subdivision map to record. At
the November 30, 2009 Special City Council meeting, Councilmember Borchard
requested a discussion on the fee reduction request. There is no procedure for reducing
the parking in -lieu fees outlined in the parking in -lieu program or ordinance; therefore,
staff recommends the City Council consider the request for a fee reduction, and provide
direction to staff.
u
The City Council agreed to receive testimony from Sam Gilstrap, 600 Morro Bay, L.P.
Councilmember Winholtz stated she is not willing to reduce the fee to $2,000 at this time
Councilmember Grantham stated in order to bring in businesses and allow some the
opportunity for home ownership; he is inclined to drop the fee significantly.
MOTION: Mayor Peters moved the City Council approve to reduce the parking in -
lieu fee for 600 Morro Bay Boulevard to $4,000 per space. The motion
was seconded by Councilmember Grantham.
Councilmember Winholtz stated that is outrageously low; she would reduce the amount
by $2,000 per space.
16
® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — DECEMBER 14, 2009
El
Councilmember Smukler stated he is interested in lowering it, but not that high.
VOTE: The motion carried with Councilmember Smukler and
Councilmember Winholtz voting no. (3-2)
D-6 SCHEDULE DATE FOR INTERVIEWS OF COMMISSIONER/ADVISORY
BOARD VACANCIES; (ADMINISTRATION)
The City Council scheduled the Commission/Advisory Board interviews for February 1,
2010 at 6:00 p.m. at the Community Center in the Multi -Purpose Room.
E. DECLARATION OF FUTURE AGENDA ITEMS
Mayor Peters requested to agendize a discussion on a resolution establishing conversion
from mixed use to residential; Council concurred.
Councilmember Winholtz requested to agendize a discussion on the unmet bike needs
letter; Council concurred, and Councilmember Winholtz stated she would prepare the
report.
Councilmember Winholtz requested to agendize a discussion on a letter of support for
seismic study on nuclear power plant; Council concurred, and Councilmember Winholtz
stated she would prepare the report.
Councilmember Winholtz requested extending the goal setting item to April/May 2010
Councilmember Winholtz requested to agendize a discussion on policy guidelines on a
letter sent by the Mayor regarding a City project; Council concurred.
Councilmember Borchard requested to agendize a discussion on guidelines for public
area use permits; Council concurred.
Councilmember Smukler asked when the review of ahernative options on bio-solids and
alternative options on reclamation were scheduled for Council consideration — these
items were scheduled for the January 25, 2010 City Council meeting.
17
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — DECEMBER 14, 2009
ADJOURNMENT
The meeting adjourned at 11:05 p.m.
Recorded by:
Bridgett Bauer
City Clerk
El
0 City of Morro Bay
® Morro Bay, CA 93442
(805) 772-6200
NOTICE OF SPECIAL
CITY COUNCIL MEETING
NOTICE IS HEREBY GIVEN that the Morro Bay City Council*
will be holding a Special Meeting on Monday, November 30, 2009 at 6:00
p.m. to be held in the Veterans Memorial Building located at 209 Surf
Street, Morro Bay, California. The City Council* will be discussing the
following Unfinished Business Item:
• Ending the Declaration of a Water Emergency for the State
® Water Shutdown and Repeal of the Mandatory Conservation
Requirements.
The City Council* will convene to its Joint meeting with the City Planning
Commission.
DATED: November 24, 2009
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.
*Councilmember Smukler will be communicating by teleconference from
the following location: 702 Fickle Hill Road, Arcata, CA 95521
El
N
OuOR4�
^ T �
CITY OF MORRO BAY
CITY COUNCIL/
PLANNING COMMISSION
® JOINT MEETING AGENDA
Veteran's Memorial Building 209 Surf Street, Morro Bay
Joint Meeting 6:00 p.m. Monday, November 30, 2009
Janice Peters, Mayor Nancy Johnson, Chairperson
Betty Winholtz, Vice -Mayor John Diodati, Commissioner
Carla Borchard, Council Member Jamie Irons, Commissioner
Rick Grantham, Council Member Michael Lucas, Commissioner
Noah Smukler, Council Member * Gerald Luhr, Commissioner
* Councilmember Smukler will be communicating by teleconference from the following location:
702 Fickle Hill Road, Arcata, CA 95521
L ESTABLISH QUORUM AND CALL MEETING TO ORDER
H. PLEDGE OF ALLEGIANCE
HL DUTIES AND RESPONSIBILITIES
Pursuant to the Municipal Code Section 2.28.120 D., the Planning Commission shall meet with
City Council twice each year to discuss proposed policies, programs, goals and objectives,
budgeting, future planning, or any other planning matter requiring joint deliberation.
® IV. PUBLIC COMMENT PERIOD - Members of the audience wishing to address the Council on
City business matters may do so at this time.
V. JOINT MEETING DISCUSSION ITEMS
1. Report And Update From The Visioning Subcommittee
2. California Environmental Quality Act (CEQA) Workshop
3. Consider Reducing Planning Commission Meetings To Once A Month
4. Discussion On Pedestrian Plan
5. Grey Water Systems And Permitting
6. Affordable Housing Workshop
VL ADJOURNMENT
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.
® MINUTES - MORRO BAY CITY COUNCIL
SPECIAL MEETING — NOVEMBER 30, 2009
VETERANS MEMORIAL HALL - 6:00 P.M.
PRESENT: Janice Peters
Mayor
Carla Borchard
Councilmember
Rick Grantham
Councilmember
Noah Smukler
Councilmember
Betty Winholtz
Councilmember
STAFF: Andrea Lueker
City Manager
Bruce Ambo
Public Services Director
Christine Rogers
Housing Programs Coordinator
Dylan Wade
Utilities/Capital Projects Manager
ESTABLISH QUORUM AND CALL TO ORDER
Mayor Peters called the meeting to order at 6:00 p.m.; Councilmember Smukler attended
the meeting via teleconference.
PUBLIC COMMENT
Mayor Peters opened Public Comment on the Water Emergency Declaration. Seeing no
is further comments, Mayor Peters closed Public Comment.
Ending the Declaration of a Water Emergency for the State Water Shutdown and Repeal
of the Mandatory Conservation Requirements
Utilities/Capital Projects Manager Dylan Wade presented the staff report and an update
noting the State Water Shutdown occurred between November I' and November 23rd. He
received a phone call this evening that the Pumping Station had experienced some
problems, necessitating a short term State Water Shutdown anticipated continuing several
days. His recommendation was to take action as proposed, but to delay implementation
until Monday, December 7te. He clarified that as State Water is restored, the City may
exit the emergency period. The request is to rescind emergency conditions and restore
normal water deliveries.
MOTION: Councilmember Grantham moved the City Council direct staff to return to
Council with an analysis regarding an appropriate level of conservation
and associated findings at its December 14, 2009 City Council meeting.
The motion was seconded by Councilmember Winholtz and carried
unanimously. (5-0)
The meeting adjourned at 6:15 p.m.
E
0
City of Morro Bay
Morro Bay, CA 93442
MOP" (805) 772-6200
CITY OF MORRO BAY
CITY COUNCIL
CANCELED MEETING
THE REGULAR CITY COUNCIL MEETING
SCHEDULED FOR
MONDAY, NOVEMBER 23, 2009
HAS BEEN CANCELED
The next regularly scheduled meeting will be held on
Monday, December 14, 2009, 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 Keonedv 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 — NOVEMBER 9, 2009
CLOSED SESSION — NOVEMBER 9, 2009
CITY HALL CONFERENCE ROOM - 5:00 P.M.
595 HARBOR ST., MORRO BAY, CA
CS-1 GOVERNMENT CODE SECTION 54956.8; REAL PROPERTY
® TRANSACTIONS. Instructing City's real property negotiator regarding the price
and terms of payment for the purchase, sale, exchange, or lease of real property.
• Property: 781 Market Street and the Comer of Pacific Street and Market Street.
Negotiating Parties: George Salwasser and the City of Morro Bay.
Negotiations: Purchase and Sale Conditions.
• Property: Outfall Lease.
Negotiating Parties: City and Dynegy.
Negotiations: Lease Terms and Conditions.
Property: Lease Site 87-88/87W-88W; 833 Embarcadero
Negotiating Parties: City and Caldwell and/or Leage
Negotiations: Lease Terms and Conditions.
IT IS NOTED THAT THE CONTENTS OF CLOSED SESSION MEETINGS
ARE CONFIDENTIAL AND EXEMPT FROM DISCLOSURE.
® PUBLIC SESSION — NOVEMBER 9, 2009
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.
11
• Please refrain from public displays or outbursts such as unsolicited applause,
comments or cheering.
• Any disruptive activities that substantially interfere with the ability of the City
Council to carry out its meeting will not be permitted and offenders will be
requested to leave the meeting.
• Your participation in City Council meetings is welcome and your courtesy
will be appreciated.
In compliance with the Americans with Disabilities Act, if you need special assistance to
participate in this meeting, please contact the City Clerk, (805) 772-6205. Notification 72
hours prior to the meeting will enable the City to make reasonable arrangements to ensure
accessibility to this meeting.
A. CONSENT CALENDAR
Unless an item is pulled for separate action by the City Council, the following actions are
approved without discussion.
2
® A-1 APPROVAL OF MINUTES FOR THE REGULAR CITY COUNCIL
MEETINGS OF OCTOBER 12, 2009 AND OCTOBER 26, 2009;
(ADMINISTRATION)
RECOMMENDATION: Approve as submitted.
A-2 QUARTERLY FINANCIAL STATUS REPORT FOR THE FISCAL YEAR
ENDED SEPTEMBER 30, 2009; (ADMINISTRATIVE SERVICES)
RECOMMENDATION: Accept the report as presented.
A-3 AUTHORIZATION FOR THE CITY OF MORRO BAY TO ENTER INTO
GRANT AGREEMENT #08-127-949 WITH THE DEPARTMENT OF
BOATING AND WATERWAYS FOR STATE PARK MARINA
MAINTENANCE DREDGING; (HARBOR)
RECOMMENDATION: Adopt Resolution No. 54-09 authorizing the City to
enter into grant agreement with the Department of Boating and Waterways
to fund maintenance dredging of the State Park Marina.
A-4 UPDATE ON MANDATORY WATER CONSERVATION REQUIREMENTS;
(PUBLIC SERVICES)
RECOMMENDATION: Receive this report for information and file.
A-5 PROCLAMATION THANKING JUDE LONG FOR HER DEDICATION AND
SERVICE AS LIBRARIAN OF THE MORRO BAY LIBRARY;
(RECREATION & PARKS)
RECOMMENDATION: Adopt Proclamation.
A-6 PROCLAMATION REQUESTING THE FEDERAL GOVERNMENT TO
CONDUCT A COMPREHENSIVE ASSESSMENT OF THE CALIFORNIA
GRAY WHALE; (ADMINISTRATION)
RECOMMENDATION: Adopt Proclamation.
B. PUBLIC HEARINGS. REPORTS & APPEARANCES
B-I APPROVAL OF RESOLUTION NO. 55-09 ACCEPTING $100,000 GRANT
FROM THE STATE OF CALIFORNIA CITIZENS OPTION FOR PUBLIC
SAFETY (COPS) PROGRAM; (POLICE)
RECOMMENDATION: Adopt Resolution No. 55-09 authorizing the proposed
spending plan for the COPS grant program.
3
® B-2 2009 HOUSING ELEMENT UPDATE; (PUBLIC SERVICES)
RECOMMENDATION: Adopt Resolution No. 56-09 amending the Housing
Element of the City of Morro Bay.
C. UNFINISHED BUSINESS — NONE.
D. NEW BUSINESS
D-1 AUTHORIZATION TO ADD AND HIRE A COLLECTIONS MAINTENANCE
WORKER II; (ADMINISTRATIVE SERVICES)
RECOMMENDATION: Authorize the addition and hiring of a new
Maintenance Worker H for the Wastewater Treatment Collections Dept.
D-2 CONSIDERATION OF AN AMENDMENT TO MORRO BAY MUNICIPAL
CODE CHAPTER 3.08 ADDING SECTION 3.08.105 ESTABLISHING A
LOCAL BUSINESS PREFERENCE PROGRAM; (CITY ATTORNEY)
RECOMMENDATION: Review draft Local Business Preference Program and
direct staff to return with this item for Introduction and First Reading with
any changes suggested by Council.
® E. DECLARATION OF FUTURE AGENDA ITEMS
i� w7�ilt�. � � � 1 c 1► r�i
THIS AGENDA IS SUBJECT TO AMENDMENT UP TO 72 HOURS PRIOR TO
THE DATE AND TIME SET FOR THE MEETING. PLEASE REFER TO THE
AGENDA POSTED AT CITY HALL FOR ANY REVISIONS OR CALL THE
CLERK'S OFFICE AT 772-6200 FOR FURTHER INFORMATION.
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 MHLL'S COPY CENTER LOCATED AT 495 MORRO BAY
BOULEVARD DURING NORMAL BUSINESS HOURS.
IN COMPLLANCE 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
® 9 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 Thursday. November 5. 2009 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 considering the following:
CS-1 GOVERNMENT CODE SECTION 54956.8; REAL PROPERTY
TRANSACTIONS. Instructing City's real property negotiator regarding the price and
® terms of payment for the purchase, sale, exchange, or lease of real property.
• Property: 781 Market Street and the Comer of Pacific Street and Market Street.
Negotiating Parties: George Salwasser and the City of Morro Bay.
Negotiations: Purchase and Sale Conditions.
• Property: Outfall Lease.
Negotiating Parties: City and Dynegy.
Negotiations: Lease Terms and Conditions.
• Property: Lease Site 87-88/87W-88W; 833 Embarcadero
Negotiating Parties: City and Caldwell and/or Leage
Negotiations: Lease Terms and Conditions.
DATED: November 2, 2009
Bridgett Uer, City Clerk
n
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
r
® MINUTES - MORRO BAY CITY COUNCIL
CLOSED SESSION — NOVEMBER 9, 2009
CITY HALL CONFERENCE ROOM - 5:00 P.M.
Mayor Peters called the meeting to order at 5:00 p.m
PRESENT: Janice Peters
Mayor
Carla Borchard
Councilmember
Rick Grantham
Councilmember
Noah Smukler
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 Smukler and
unanimously carried. (5-0)
Mayor Peters read the Closed Session Statement.
® CS-1 GOVERNMENT CODE SECTION 54956.8; REAL PROPERTY
TRANSACTIONS. Instructing City's real property negotiator regarding the price
and terms of payment for the purchase, sale, exchange, or lease of real property.
• Property: 781 Market Street and the Comer of Pacific Street and Market Street.
Negotiating Parties: George Salwasser and the City of Morro Bay.
Negotiations: Purchase and Sale Conditions.
• Property: Outfall Lease.
Negotiating Parties: City and Dynegy.
Negotiations: Lease Terms and Conditions.
• Property: Lease Site 87-88/87W-88W; 833 Embarcadero
Negotiating Parties: City and Caldwell and/or Leage
Negotiations: Lease Terms and Conditions.
The meeting adjourned to Closed Session at 5:00 p.m. and returned to regular session at
5:50 p.m.
MOTION: Councilmember Grantham moved the meeting be adjourned. The motion
was seconded by Councilmember Borchard and unanimously carried. (5-0)
® The meeting adjourned at 5:50 p.m.
® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — NOVEMBER 9, 2009
VETERANS MEMORIAL HALL - 6:00 P.M.
Mayor Peters called the meeting to order at 6:13 p.m
PRESENT: Janice Peters
Mayor
Carla Borchard
Councilmember
Rick Grantham
Councilmember
Noah Smukler
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
Administrative Services Director
Dylan Wade
Utilities/Capital Projects Manager
Kathleen Wold
Senior Planner
® Joe Woods
Recreation & Parks Director
ESTABLISH QUORUM AND CALL TO ORDER
PLEDGE OF ALLEGIANCE
MAYOR AND COUNCIL MEMBERS REPORTS, ANNOUNCEMENTS &
PRESENTATIONS
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
Jeff Eckles, President of Morro Bay 0, stated Morro Bay 0 is a non-profit organization
whose mission is to celebrate Independence Day with a family -friendly, alcohol -free
traditional 4t° of July picnic, celebration and firework show in Morro Bay. He said their
organization is seeking volunteers and provided their contact information.
Ani Lyne announced Morro Bay 4t° will be holding a town hall meeting to discuss the e
of July festivities on November 17'e at Top Dog Coffee Bar, and they will have a table at
Farmers Market on Saturday November 20's.
Keith Taylor invited the community to an Open House at the Fire Station on November
14`s to see the new rescue vehicle, and meet the paramedic firefighters that serve our
® community.
® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — NOVEMBER 9, 2009
Jim Nance handed out excess phone books to the City Council that he collected in his
neighborhood and noted what a waste of the environment these books cause; he requested
the City consider controlling this situation.
Dani Tope referred to the RUDAT plan that was adopted by the City Council in 1997.
She said she has a team of developers who are interested in developing a conference
center/hotel in Mono Bay that would fit in with the RUDAT plan.
Ric Deschler stated he has known Jude Long for many years and in order to honor her
retirement, a Peace Pole is being erected at the library. He noted contributions can be
made towards the Peace Pole to the Mono Bay Friends of the Library.
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.
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 OCTOBER 12, 2009 AND OCTOBER 26, 2009;
(ADMINISTRATION)
RECOMMENDATION: Approve as submitted.
A-2 QUARTERLY FINANCIAL STATUS REPORT FOR THE FISCAL YEAR
ENDED SEPTEMBER 30, 2009; (ADMINISTRATIVE SERVICES)
RECOMMENDATION: Accept the report as presented.
A-3 AUTHORIZATION FOR THE CITY OF MORRO BAY TO ENTER INTO
GRANT AGREEMENT #08-127-949 WITH THE DEPARTMENT OF
BOATING AND WATERWAYS FOR STATE PARK MARINA
MAINTENANCE DREDGING; (HARBOR)
RECOMMENDATION: Adopt Resolution No. 54-09 authorizing the City to
enter into grant agreement with the Department of Boating and Waterways
® to fund maintenance dredging of the State Park Marina.
c
® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — NOVEMBER 9, 2009
A4 UPDATE ON MANDATORY WATER CONSERVATION REQUIREMENTS;
(PUBLIC SERVICES)
RECOMMENDATION: Receive this report for information and file.
A-5 PROCLAMATION THANKING JUDE LONG FOR HER DEDICATION AND
SERVICE AS LIBRARIAN OF THE MORRO BAY LIBRARY;
(RECREATION & PARKS)
RECOMMENDATION: Adopt Proclamation.
A-6 PROCLAMATION REQUESTING THE FEDERAL GOVERNMENT TO
CONDUCT A COMPREHENSIVE ASSESSMENT OF THE CALIFORNIA
GRAY WHALE; (ADMINISTRATION)
RECOMMENDATION: Adopt Proclamation.
Councilmember Borchard pulled Item A-2 from the Consent Calendar, Councilmember
® Smukler pulled Item A4, and Mayor Peters pulled Item A-5.
MOTION: Councilmember Grantham moved the City Council approve Items A-1, A-3
and A-6 of the Consent Calendar. The motion was seconded by
Councilmember Borchard and carried unanimously. (5-0)
U
A-2 QUARTERLY FINANCIAL STATUS REPORT FOR THE FISCAL YEAR
ENDED SEPTEMBER 30, 2009; (ADMINISTRATIVE SERVICES)
Councilmember Borchard requested clarification on the Harbor Fund Revenues and the City
Attorney Expenditures.
Administrative Services Director Susan Slayton responded there is a difference in the
Harbor Fund Revenues due to monthly lease site agreements. She did not have information
on the City Attorney Expenditures and noted she would investigate and return to Council.
MOTION: Councilmember Borchard moved the City Council approve Item A-2 of
the Consent Calendar. The motion was seconded by Councilmember
Grantham and carried unanimously. (5-0)
rl
® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — NOVEMBER 9, 2009
A4 UPDATE ON MANDATORY WATER CONSERVATION REQUIREMENTS;
(PUBLIC SERVICES)
Councilmember Smukler requested clarification on the water efficiency landscaping
ordinance from the State, and how that works with the City's water conservation
requirements.
Utilities/Capital Projects Manager Dylan Wade responded the State water efficiency
landscaping ordinance refers to 2,500 square feet of impervious landscape area, which is
fairly large compared to the City's standards.
MOTION: Councilmember Smukler moved the City Council approve Item A4 of the
Consent Calendar. The motion was seconded by Councilmember
Grantham and carried unanimously. (5-0)
A-5 PROCLAMATION THANKING ROE LONG FOR HER DEDICATION AND
SERVICE AS LIBRARIAN OF THE MORRO BAY LIBRARY;
® (RECREATION & PARKS)
Mayor Peters pulled this item in order to present Jude Long with a Proclamation thanking
her for her dedication and 29 years of service as Moro Bay's Librarian.
MOTION: Councilmember Winholtz moved the City Council approve Item A-5 of
the Consent Calendar. The motion was seconded by Councilmember
Borchard and carried unanimously. (5-0)
B. PUBLIC HEARINGS, REPORTS & APPEARANCES
B-1 APPROVAL OF RESOLUTION NO. 55-09 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." These funds are also known as Supplemental Law
Enforcement Services Funding (SLESF). The legislation requires a report in September
to the City Council on how the funds are proposed for use by the Police Department and
annual reporting to the County Oversight Committee on the proposed use and actual
expenditures of COPS funds. However, this report requirement was delayed this year
® due to the State budget adoption delay and uncertainty of the grant funding. The State
5
® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — NOVEMBER 9, 2009
Legislature has indicated that local law enforcement agencies are still scheduled to
receive a minimum of $100,000 in COPS grant funds. The City Council is required to
hold a public hearing and consider whether the recommendation submitted by the Police
Chief complies with the requirements of the Government Code. Once adopted, the
recommendation is then forwarded to the County Oversight Committee who then
distributes the COPS funds to the local jurisdictions. The funds can then be expended
and/or encumbered by the police department. The entire amount is proposed to be spent
on equipment to include: training equipment (media center & projector for briefing
room); larger employee lockers to include electrical outlets for charging issued safety
equipment (current ones are too small to house this equipment and gear bags); computer
replacements not funded by Measure Q funds; more AED's for police vehicles; patrol
bicycle replacements; additional tasers not funded by Measure Q funds; office furniture
replacements (chairs, etc.); and other miscellaneous tools and equipment. Chief
DeRohan recommended the City Council open the hearing for public comment and
adopts Resolution No. 55-09 authorizing the proposed spending plan for the $100,000
that will be received from the COPS grant program.
® 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.
55-09 authorizing the proposed spending plan for the $100,000 that will be
received from the Citizen's Option for Public Safety grant program. The
motion was seconded by Councilmember Borchard and carried
unanimously. (5-0)
B-2 2009 HOUSING ELEMENT UPDATE; (PUBLIC SERVICES)
Senior Planner Kathleen Wold stated according to state law, each jurisdiction must
update its Housing Element (one of the seven required elements of the General Plan)
approximately every five to seven years, with specific deadlines established by the State
Department of Housing and Community Development (HCD). The revised 2009
Housing Element as presented is a document which reflects collaborative input from the
Planning Commission, City Council and the State Department of Housing and
Community Development. Ms. Wold recommended the City Council adopt Resolution
No.56-09 approving Negative Declaration SCH #200908104 and amending the Housing
Element of the City of Morro Bay, and direct staff to submit the 2009 Housing Element
to the State Department of Housing and Community Development for the 90 day review
period and certification.
Cynthia Deane-Alviso, PMC, reviewed the Initial Study and Negative Declaration for the
® City of Morro Bay 2009 Housing Element Update.
v
® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — NOVEMBER 9, 2009
Mayor Peters opened the hearing for public comment.
John Barta addressed secondary housing units and noted: "the legislature finds and declares
that second units are a valuable form of housing in California. Second units provide housing
for family members, students, the elderly, in -home care providers, the disabled and others at
below market prices within existing neighborhoods." He said it is the intent of the
legislature that any second unit ordinance that is adopted by local agencies has the effect of
providing for the creation of second units, and that provisions in these ordinances are
relating to matters including unit size, parking, fees and other requirements are not so
arbitrary excessive or burdensome so as to unreasonably restrict the ability of homeowners
to create second units in zones which they are authorized by local ordinance. Mr. Barta
requested the City Council reconsider its ordinance on secondary units, and make it
consistent with state law.
Jack McCurdy noted Resolution No. 56-09 as well as the attachments cited in the staff
report were not posted on the City's website. He said public participation is difficult
without diligent outreach efforts by staff. Mr. McCurdy expressed concern with the
® Housing Element and whether the update meets the legal requirements and the standards of
Council Members as elected representatives. He said given the very serious deficiencies it
seems any Council Member who values the need to make the residents aware of such
important matters, and who should recognize their constituents deserve to have the
opportunity to become informed on issues such as this will not vote to adopt Resolution No.
56-09 until a respectable outreach plan is put into effect and carried out, and until critically
important documents are made available and explained at public meetings.
Dorothy Cutter stated the only areas that qualify for affordable housing are mobilehome
parks and similar areas, and noted this proposed document does not clearly address
affordable housing. She said this document is a giant loophole for developers.
Melody DeMeritt stated the development standards in this town are ridiculous. She said if
the City gives up on commercial zones, it also gives up transient occupancy tax, property
tax and sales tax. Ms. DeMeritt stated this document may be prepared for state mandates,
but Council should consider Council Members who will be faced with developers in the
future.
Jim Nance stated this document does not have enough substance to protect the community
against developers, and the ability for mobilehome parks and low income families who
cannot afford to live here.
Mayor Peters closed the public comment hearing.
LJ
7
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — NOVEMBER 9, 2009
Councilmember Winholtz stated she does not agree with the 80% mixed use residential.
She said she would like to change the restriction of second units from 1,200 square feet to
900 square feet permanently. Councilmember Winholtz stated she would like time to
consider this item and would like to continue it to the next Council meeting.
Councilmember Smukler stated 46% of the City's housing stock is more than 40 years
old, which affirms half of the community's housing will go through a transition and
possible new construction in the next 10-20 years. Based on that, he said within the next
4-5 years, the City needs to consider and encourage development that works with
neighborhood character and existing compatibility of the community. Councilmember
Smukler stated it is important to identify very low and low income projects and would
like to pursue discussions on mobilehomes in the futures.
Councilmember Grantham expressed concern with mobilehome conversions and that
there is still affordable property for low-income housing. He said moderate income
people need to be considered as well as low income when it comes to the housing force in
the City.
® Councilmember Borchard stated she would like to revisit the mobilehome conversion
issue at another time. She said second units and granny units are considered low-income
housing for most people, and when meeting density requirements, a property owner has
to go up instead of out especially with the loss of sphere of influence and the limit to
expand beyond the boundaries.
MOTION: Councilmember Borchard moved the City Council adopt
Resolution No. 56-09 approving Negative Declaration SCH
#200908104, including the revisions made by the City Council,
and amending the Housing Element of the City of Morro Bay; and,
direct staff to submit the 2009 Housing Element to the State
Department of Housing and Community Development for the 90
day review period and certification. The motion was seconded by
Councilmember Grantham and carved with Councilmember
Winholtz voting no. (4-1)
Mayor Peters called for a break at 9:00 p.m.; the meeting resumed at 9:08 p.m.
C.
r
— NONE.
N
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — NOVEMBER 9, 2009
D. NEW BUSINESS
D-I AUTHORIZATION TO ADD AND HIRE A COLLECTIONS MAINTENANCE
WORKER H; (ADMINISTRATIVE SERVICES)
Utilities/Capital Projects Manager Dylan Wade stated the work tasks that will be assigned
to this position, have already been committed to with the City Council's adoption of the
State mandated Sanitary Sewer Management Plan (SSMP) on June 8'hof this year. In the
June 4 ° staff report for the adoption of the SSW staff underscored the importance of this
position noting that, "Implementation of the plan will lead to larger operational
expenditures, larger capital expenditures, and potentially larger staffing levels to meet the
minimal standards of the General Waste Discharge Requirements." Staff is now
requesting that an additional person be added to help cover these added work tasks. Mr.
Wade recommended the City Council authorize the addition and hiring of a new
Maintenance Worker H for the Waste Water Collections Department.
MOTION: Councilmember Grantham moved the City Council authorize the addition
and hiring of a new Maintenance Worker 11 for the Waste Water
Collections Department. The motion was seconded by Mayor Peters.
Councilmember Winholtz stated every department in the City is overworked. She said
she would prefer this come back at mid -budget review and does not support hiring a new
person at this time.
Councilmember Smukler stated he has voted against new. hires due to economics. He
does agree this department is overworked but he must stay consistent until adjustments
are made financially.
VOTE: The motion failed with Councilmembers Borchard, Smukler
and Winholtz voting no. (2-3)
D-2 CONSIDERATION OF AN AMENDMENT TO MORRO BAY MUNICIPAL
CODE CHAPTER 3.08 ADDING SECTION 3.08.105 ESTABLISHING A
LOCAL BUSINESS PREFERENCE PROGRAM; (CITY ATTORNEY)
City Attorney Robert Schultz stated Councilmembers have expressed interest in
implementing a local vendor program as a way to help stimulate the local economy and
support the formation/retention of local jobs. Programs giving preference to qualified
local businesses are increasingly common among local governments. The draft ordinance
® would provide further clarification and importance on giving competitive preference to
local industries and businesses doing business with the City.
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — NOVEMBER 9, 2009
Mr. Schultz recommended the City Council review the proposed Local Business
Preference Program and direct staff to return this item as an Ordinance for Introduction
and First Reading with any changes suggested by Council.
MOTION: Councilmember Smukler moved the City Council direct the City Attorney
to bring back an Ordinance for Introduction and First Reading based on
the amendment to Morro Bay Municipal Code Chapter 3.08, and adding
Section 3.08.105 establishing a Local Business Preference Program with
the adjustments as discussed by Council. The motion was seconded by
Councilmember Borchard and carried unanimously. (5-0)
E. DECLARATION OF FUTURE AGENDA ITEMS
Councilmember Smukler requested to agendize a discussion on secondary units; Council
agreed to receive a memorandum from staff.
Councilmember Smukler requested to agendize a discussion on the public housing
retrofit program; Council concurred.
Councilmember Smukler requested to agendize a discussion on a special zone for
mobilehome unit conversions - City Attorney to meet with Mobilehome Sub -Committee
and Commissioner Diodati.
Councilmember Smukler requested to agendize a discussion on maximizing zones in the
Housing Element; Councilmember Winhohz to prepare a report.
ADJOURNMENT
The meeting adjourned at 9:49 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.
REGULAR MEETING — OCTOBER 26, 2009
CLOSED SESSION — OCTOBER 26, 2009
CITY HALL CONFERENCE ROOM - 5:00 P.M.
595 HARBOR ST., MORRO BAY, CA
CS-1 GOVERNMENT CODE SECTION 54957; PERSONNEL ISSUES.
Discussions regarding Personnel Issues including two (2) public employees
is
regarding evaluation, specifically the City Attorney and City Manager.
CS-2 GOVERNMENT CODE SECTION 54956.8; REAL PROPERTY
TRANSACTIONS. Instructing City's real property negotiator regarding the price
and terms of payment for the purchase, sale, exchange, or lease of real property.
Property: Lease Site 87-88/87W-88W; 833 Embarcadero
Negotiating Parties: City and Caldwell and/or Leage
Negotiations: Lease terms
IT IS NOTED THAT THE CONTENTS OF CLOSED SESSION MEETINGS
ARE CONFIDENTIAL AND EXEMPT FROM DISCLOSURE.
PUBLIC SESSION — OCTOBER 26, 2009
® 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.
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 28, 2009 AND OCTOBER 12, 2009;
(ADMINISTRATION)
® RECOMMENDATION: Approve as submitted.
2
A-2 STATUS REPORT ON APPLICATIONS FOR ECONOMIC STIMULUS
® FUNDING; (ADMINISTRATION)
RECOMMENDATION: Receive report for information and file.
B. PUBLIC HEARINGS. REPORTS & APPEARANCES
B-1 DISCUSSION/INTERPRETATION OF GENERAL PLAN/LOCAL COASTAL
PLAN POLICIES AND ZONING REGULATIONS RELATING TO THE
LOCATION AND PLACEMENT OF COMMERCIAL AND RECREATIONAL
FACILITIES/USES IN THE WATERFRONT AND BAY AREA OF THE CITY
WEST OF MAIN STREET BETWEEN ACACIA AND BARLOW; (CITY
ATTORNEY)
RECOMMENDATION: Interpret the City's General Plan/Local Coastal Plan to
allow for commercial uses in the Bay/Tidelands area of the City west of Main
Street between Acacia and Barlow, subject to a project -by -project review
and environmental analysis.
B-2 REVIEW AND APPROVE THE PUBLIC ART PROPOSAL FOR A PEACE
POLE TO BE LOCATED AT THE MORRO BAY LIBRARY; (RECREATION
& PARKS)
RECOMMENDATION: Approve the proposal from the Friends of the Library
to purchase and install a Peace Pole as Public Art at the exterior of the
Morro Bay Library located at 615 Harbor Street.
C. UNFINISHED BUSINESS
C-1 UPDATE ON MANDATORY WATER CONSERVATION MEASURES;
(PUBLIC SERVICES)
RECOMMENDATION: Receive report for information and file.
D. NEW BUSINESS
D-1 APPROVAL TO INCORPORATE E-MAIL NOTIFICATION MODULE ON
CITY WEBSITE; (ADMINISTRATION)
RECOMMENDATION: Approve adding the &Mail Notification module to the
City website and authorize the expenditure for installation, training and
maintenance from the Public, Education and Government Access Fund.
D-2 APPLICATION FEE FOR AFFORDABLE HOUSING PROJECT FINANCING;
(PUBLIC SERVICES)
RECOMMENDATION: Direct staff to amend the Master Fee Schedule to
® include a $500 base fee deposit plus actual costs in performing financial real
estate pro forma analysis for affordable housing project financing.
3
® D-3 POTENTIAL TOPICS FOR THE JOINT PLANNING COMMISSION/CITY
COUNCIL MEETING; (PUBLIC SERVICES)
RECOMMENDATION: Consider and discuss potential discussion topics for the
joint Planning Commission/City Council meeting, and also set a date and
time for the meeting.
E. DECLARATION OF FUTURE AGENDA ITEMS
F. 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.
E
MINUTES - MORRO BAY CITY COUNCIL
® CLOSED SESSION — OCTOBER 26, 2009
CITY HALL CONFERENCE ROOM - 5:00 P.M.
Mayor Peters called the meeting to order at 5:00 p.m
PRESENT: Janice Peters
Mayor
Carla Borchard
Councilmember
Rick Grantham
Councilmember
Noah Smukler
Councilmember
Betty Winholtz
Councilmember
STAFF: Andrea Lueker
City Manager
Robert Schultz
City Attorney
CLOSED SESSION
MOTION: Councilmember Borchard moved the meeting be adjourned to Closed
Session. The motion was seconded by Councilmember Winholtz and
unanimously carried. (5-0)
Mayor Peters read the Closed Session Statement.
CS-1 GOVERNMENT CODE SECTION 54957; PERSONNEL ISSUES.
® Discussions regarding Personnel Issues including two (2) public employees
regarding evaluation, specifically the City Attorney and City Manager.
W504
TRANSACTIONS. Instructing City's real property negotiator regarding the price
and terms of payment for the purchase, sale, exchange, or lease of real property.
Property: Lease Site 87-88/87W-88W; 833 Embarcadero
Negotiating Parties: City and Caldwell and/or Leage
Negotiations: Lease terms
The meeting adjourned to Closed Session at 5:04 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 Smukler and unanimously carried. (5-0)
The meeting adjourned at 5:55 p.m.
E
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — OCTOBER 26, 2009
® VETERANS MEMORIAL HALL - 6:00 P.M.
Mayor Peters called the meeting to order at 6:00 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
Tim Olivas
Mike Pond
Susan Slayton
Joe Woods
City Manager
City Attorney
City Clerk
Harbor Director
Public Services Director
Police Commander
Fire Chief
Administrative Services Director
Recreation & Parks Director
ESTABLISH QUORUM AND CALL TO ORDER
MOMENT OF SILENCE
® PLEDGE OF ALLEGIANCE
MAYOR AND COUNCIL MEMBERS REPORTS, ANNOUNCEMENTS &
PRESENTATIONS
CLOSED SESSION REPORT - City Attorney Robert Schultz reported the City Council
met in Closed Session, and the City Council continued discussion on Item CS-1 until
after adjournment of this regular session; and no reportable action under the Brown Act
was taken on Item CS-2.
PUBLIC COMMENT
Jeff Eckles representing Morro Bay 4's Inc., who will be hosting the next 4 s of July
festivities in the City of Morro Bay, said this non-profit organization consists of business
people and residents whose mission is to celebrate Independence Day with a family -
friendly alcohol -free traditional 4`s of July picnic, celebration and firework show for
residents and visitors to enjoy. He said they are looking for volunteers and will be doing
fundraising between now and the 4 h of July, and he will bring updates on the progress as
they move ahead.
Galen Ricard stated she is consulting with Cal Poly on a new event "Hands on Health'
that will be held on October 30-31, 2009 at Cal Poly that will be a free event on healthy
living.
® Madelyn Dover shared the various activities that will be offered at the "Hands on Health'
event at Cal Poly on October 30-31'.
1
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — OCTOBER 26, 2009
Susan Brown, General Manager for MV Transportation announced the Annual Unmet
Transit Needs Public Hearing will be held on December 2nd at the County Board of
Supervisors meeting at 8:30 a.m., and urged public support of local transportation.
Cathy Novak, Vice -Chair of the Central Coast Natural History Association announced
the One -Eyed Skunk Golf Tournament will be held on Saturday, October 31� at the
Morro Bay Golf Course to benefit the Natural History Museum.
Judy Mahan, owner of Sandprints, announced there will be a Halloween scarecrow
contest in the downtown area; and there will be a Halloween photo shoot at Sandprints on
Saturday, October 31".
Phil Hill encouraged the City Council to remove the dock at the Cannery lease site, and
lease it to new lessees.
James Nesbit expressed concern with the Police Department for towing his van which
was parked in a disabled parking area.
® Bill Martony updated the Council and public on the condition of the Cannery wharf and
dock.
Jack McCurdy expressed appreciation for Item D-1 (Approval To Incorporate E-Mail
Notification Module On City Website).
Bernadette Pekarek expressed disappointment regarding personal attacks made during
public comment at the Council meeting.
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.
A-1 APPROVAL OF MINUTES FOR THE REGULAR CITY COUNCIL
MEETINGS OF SEPTEMBER 28, 2009 AND OCTOBER 12, 2009;
(ADMINISTRATION)
® RECOMMENDATION: Approve as submitted.
3
® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — OCTOBER 26, 2009
A-2 STATUS REPORT ON APPLICATIONS FOR ECONOMIC STIMULUS
FUNDING; (ADMINISTRATION)
RECOMMENDATION: Receive report for information and file.
Councilmember Borchard pulled Item A-1 from the Consent Calendar; Councilmember
Smukler pulled Item A-2.
A-1 APPROVAL OF MINUTES FOR THE REGULAR CITY COUNCIL
MEETINGS OF SEPTEMBER 28, 2009 AND OCTOBER 12, 2009;
(ADMINISTRATION)
Councilmember Borchard referred to a typographical error on the fast page of the
October 12, 2009 City Council meeting, noting the vote was (4-0) due to Councilmember
Grantham's absence.
Councilmember Smukler referred to page 6 of the October 12, 2009 City Council
meeting, requesting more information on the proposed budget to be added to the minutes.
is MOTION: Councilmember Grantham moved the City Council approve the minutes of
the September 28, 2009 City Council meeting. The motion was seconded
by Councilmember Borchard and carried unanimously. (5-0)
A-2 STATUS REPORT ON APPLICATIONS FOR ECONOMIC STIMULUS
FUNDING; (ADMINISTRATION)
Councilmember Smukler pulled Item A-2 requesting an update on the Boat Haul -Out
Facility. Harbor Director Rick Algert reviewed the schedule for the Boat Haul -Out
Facility.
MOTION: Councilmember Smukler moved the City Council approve Item A-2 of the
Consent Calendar. The motion was seconded by Councilmember Winholu
and carried unanimously. (5-0)
Mayor Peters called for a break at 7:04 p.m.; the meeting resumed at 7:12 p.m.
4
® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — OCTOBER 26, 2009
B. PUBLIC HEARINGS. REPORTS & APPEARANCES
B-1 DISCUSSION/INTERPRETATION OF GENERAL PLAN/LOCAL COASTAL
PLAN POLICIES AND ZONING REGULATIONS RELATING TO THE
LOCATION AND PLACEMENT OF COMMERCIAL AND RECREATIONAL
FACILITIESIUSES IN THE WATERFRONT AND BAY AREA OF THE CITY
WEST OF MAIN STREET BETWEEN ACACIA AND BARLOW; (CITY
ATTORNEY)
City Attorney Robert Schultz stated based upon previous discussions at City Council and
Planning Commission meetings there has been confusion as to allowable uses in our Bay
and Waterfront in the Mixed Use Area "B". Mixed Use Area `B" is shown on the Map in
the City's Coastal Land Use Plan (LUP) as the area of the City west of Main Street
between Acacia and Barlow. It is staff's interpretation that the Local Coastal Plan (LCP)
Policies and Zoning Ordinance clearly allow for commercial uses in the Waterfront area
west of Main Street between Acacia and Barlow. The primary reason for this
interpretation is that Planning Commission and City Council in 1984 specifically
addressed this issue based upon citizen letters and decided only to restrict residential uses
® above the bluff and continued to allow commercial uses below the bluff in the Waterfront
District. In regard to allowable uses in the Bay in the area west of Main Street between
Acacia and Barlow, it gets a little bit more complicated. This area is located in Area 9 of
the City's Coastal LUP. The Bay area west of Main Street between Acacia and Barlow is
part of the Harbor and Navigable Ways (H) District in the City's Zoning Code. The
above LCP Policies and Zoning Ordinance clearly allow for both Commercial and
Recreational Fishing in the Bay area. However, LCP Policy 7.09 designates recreational
boating and fishing uses as primary uses in this area west of Main Street and south of
Acacia. Mr. Schultz recommended the City Council discuss and interpret the applicable
City General Plan/Local Coastal Plan policies and Zoning regulations related to the
location and placement of commercial and recreational facilities in the Waterfront and
Bay area and provide direction to staff.
Mayor Peters opened the hearing for public comment.
Patrick Laurie expressed support for business development on and around the harbor.
Bill Martony stated it is obvious that the actual zoning south of Tidelands Park because
of the residential neighborhood is for recreational boating. He said there is always a
demand for boating in the bay. Mr. Martony stated he is proposing a mariculture
operation for his lease site which is a source of income. He said the tug boats should be
located at the working waterfront area around the Whales Tail lease site.
61
® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — OCTOBER 26, 2009
Dorothy Cutter addressed the amount of space there is for boats in the bay. She said the
residential neighborhoods should not have to put up with the noise, lights, diesel fumes
and trucks. Ms. Cutter stated bringing large boats south of Tidelands Park is a serious
threat to the estuary. She said the Coastal Commission has said the wharf has to be
removed immediately because it is a hazard to the health and safety of the bay. Ms.
Cutter stated the City's General Plan/Local Coastal Plan clearly states recreational boats
shall go south of Tidelands Park and commercial boats go in the north part of the bay.
Bernadette Pekarek discussed the justification of commercial vs. recreational boating in
the north part of the bay. She said the Embarcadero has plenty of space for a working
waterfront. Ms. Pekarek stated the City needs to set policy and confirm that commercial
boats are to be in the north part of the bay, and recreational boating only in the southern
part of the bay.
Lynn Meissen stated the wharf has been a commercial wharf since it was constructed,
and to destruct it would be a loss of a working waterfront which would be foolish. She
said if it can be rebuilt, the City can save a lot of money and save a great resource in the
® City.
Jack McCurdy stated it is clear that commercial uses are not allowed west of Main Street
between Acacia and Barlow. He said the staff proposal may have legitimate merit that
would benefit the community, but the report fails to enable residents to understand and
stabs recommendation should be rejected.
Kim Kolb stated with the exception of the one boatyard, the area from the boat launch
ramp to the old gas dock is all residential homes. He said it is an environmentally
sensitive area and should be protected from any future industrial development. Mr. Kolb
stated there is room north of Tidelands Park for potential commercial industrial
expansion, and the tug operation should remain with the other commercial boats.
Kathy Kellett stated she lives across the street from the Cannery property and said she is
not sure of what is being proposed for this site but would like to maintain and enhance
the natural beauty of the estuary.
Dana McClish stated commercial use is acceptable in this area, and a boatyard is needed
here. He said the bay is the heart of this City and restrictions should not be considered.
James Nesbit discussed Brant hunting in the bay.
Mayor Peters closed the public comment hearing.
11
R
® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — OCTOBER 26, 2009
Councilmember Smukler stated it is clear that our policy is to focus the heavier use in the
north part of the bay and recreational use in the southern part of the bay. He said because
of commercial opportunities that have ceased to exist in the south part of the bay the City
is dealing with a situation that is fairly segregated. Councilmember Smukler stated Area
B seems to be a residential and recreational use area that the City would be inviting major
issues with the neighborhood if it considers commercial uses in this area. He said he
would like to recognize the need throughout the estuary on both recreational and
commercial uses.
Councilmember Grantham stated the need for waterfront -oriented commercial uses can
adversely affect the economy which is a real concern. He said by not allowing
commercial uses is not fostering the business environment, jobs, and quality of life.
Councilmember Grantham stated he supports allowing commercial uses in order to
encourage a better economic environment.
Councilmember Winholtz clarified that commercial fishing is not allowed in Area B. She
said historically there have been multiple uses in this area, and throughout the years
residential has become predominant and commercial uses have faded in this area.
® Councilmember Winholtz stated there may be commercial uses that could be compatible
and that should be defined. She said there should be no industrial use on land or in the
water allowed in this area.
Councilmember Borchard stated she supports commercial use of a working harbor and
she is not interested in placing restrictions along the harbor. She said she agrees with
Councilmember Grantham's statements.
Mayor Peters referred to the tug boats that need a dock and the repairs they are proposing
on the wharf. She said the City needs to maintain the uses on the waterfront that is a
benefit to the City. Mayor Peters stated if it meets the criteria of what has already been
established then it should be allowed; and, should be reviewed on a case by case basis.
Councilmember Winholtz stated there would be consequences with mixed -uses that will
impact other areas. She said the City will have a difficult time defending this before the
Coastal Commission, because she feels this interpretation will be appealed to the Coastal
Commission.
MOTION: Mayor Peters moved the City Council interpret the City's General
Plan/Local Coastal Plan to allow for commercial uses in the Bay
Tidelands area of the City west of Main Street between Acacia and
Barlow, subject to a project -by -project review and environmental analysis,
® and that does not include commercial fishing. The motion was seconded
by Councilmember Borchard.
MINUTES - MORRO BAY CITY COUNCIL
® REGULAR MEETING — OCTOBER 26, 2009
Councilmember Winholtz suggested including the conditions on page 9 (Recreational
Boating and Commercial Fishing, conditions a-d).
Mr. Schultz recommended conditions on page 6 (a-e), which states:
a) That any proposed commercial use is generally serving a water -
home clientele or serving a water -oriented purpose.
b) That the proposed commercial use, by its nature or design, will
result in minimal noise, glare odor and traffic impacts on other
nearby uses.
c) That any new residential development shall be of a density and
design which minimizes potential exposure to and would not
unreasonably restrict water -oriented commercial activities.
d) That any new use shall not generate significant traffic/circulation
impacts and shall include adequate parking, loading and access
(turning and driveway) facilities.
e) That any new use shall not result in any harmful (eg: toxic waste)
discharge into the bay.
Mayor Peters accepted including the conditions recommended by Mr. Schultz in her
motion; Councilmember Borchard accepted the amendment to her second.
® VOTE: The motion carried with Councilmember Smukler and
Councilmember Winholtz voting no. (3-2)
B-2 REVIEW AND APPROVE THE PUBLIC ART PROPOSAL FOR A PEACE
POLE TO BE LOCATED AT THE MORRO BAY LIBRARY; (RECREATION
& PARKS)
Recreation & Parks Director Joe Woods stated pursuant to the current Public Art Policy,
all requests for public art donations start at the City Manager's office. After review for
completeness, the application for public art is forwarded to appropriate advisory boards
for consideration and recommendations. Recommendations regarding the request to
donate public art are then forwarded to City Council for final consideration. The Morro
Bay Friends of the Library have submitted an application to donate a Peace Pole to the
City of Morro Bay. This application has met the City Manager's criteria, and has been
reviewed by the Recreation & Parks Commission. The Recreation & Parks Commission
recommends staff pursue acceptance of the Peace Pole for the Library location. The
Friends of the Library proposal, with the amendment increasing the size of the Peace Pole
from 6' to 8' is included for your consideration and acceptance. The Recreation and
Parks Commission, as well as staff recommend City Council review and approve the
proposal from the Friends of the Library to purchase and install a Peace Pole as public art
at the exterior of the Morro Bay Library located at 615 Harbor Street.
0 Mayor Peters opened the hearing for public comment.
MINUTES - MORRO BAY CITY COUNCIL
® REGULAR MEETING — OCTOBER 26, 2009
Karen Robert, President of the Friends of the Library, stated the Morro Bay Friends of
the Library are requesting the City Council and its appropriate Boards and Commissions
approve their request to donate a 8-foot tall Peace Pole to the City of Morro Bay, adjacent
to the Morro Bay Library, in honor of a long-term steward and advocate of the City's
Library and community, Jude Sanner Long. She said the Peace Pole would have 8
different languages, and the English version would say "May Peace Prevail on Earth."
Ms. Robert stated donations for the Peace Pole can be made to the Friends of the Library.
Mayor Peters closed the public comment hearing.
MOTION: Councilmember Grantham moved the City Council approve the proposal
from the Friends of the Library to purchase and install a Peace Pole as
public art at the exterior of the Morro Bay Library located at 615 Harbor
Street. The motion was seconded by Councilmember Winholtz and
carried unanimously. (5-0)
C. UNFINISHED BUSINESS
C-I UPDATE ON MANDATORY WATER CONSERVATION MEASURES;
(PUBLIC SERVICES)
Public Services Director Bruce Ambo stated the mandatory water conservation measures
went into effect on October 19t°. He noted several thousand brochures have been handed
out to the visitor serving businesses in the community, and there have been a few calls to
the office with questions on the conservation measures. Mr. Ambo stated there have been
no apparent enforcement issues so far, and recommended the City Council accept this
report for information and file.
The City Council received the report for information, and no action was taken on this
item.
D. NEW BUSINESS
D-I APPROVAL TO INCORPORATE E-MAIL NOTIFICATION MODULE ON
CITY WEBSITE; (ADMINISTRATION)
City Manager Andrea Lueker stated in an effort to provide additional opportunities for
the public to receive information from the City in a timely and convenient manner, staff
would like to install an E-Mail Notification module on the City website. What the module
does is provide the ability for citizens to sign up to receive e-mail notification when
certain information is posted to the website. Ms. Lueker recommended the City Council
approve adding the E-Mail Notification module to the City website and authorize the
® expenditure for installation, training and maintenance from the Public, Education and
Government (PEG) Access Fund.
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — OCTOBER 26, 2009
MOTION: Councilmember Grantham moved the City Council approve adding the E-
Mail Notification module to the City website. and authorize the expenditure
for installation, training and maintenance from the Public, Education and
Government Access (PEG) Fund. The motion was seconded by
Councilmember Smukler and carried unanimously. (5-0)
D-2 APPLICATION FEE FOR AFFORDABLE HOUSING PROJECT FINANCING;
(PUBLIC SERVICES)
Public Services Director Bruce Ambo stated in evaluating requests for financial
participation on affordable housing projects, it is necessary to ensure that the City is not
making "a gift of the public funds." Therefore, due diligence financial analysis is
required of the project real estate pro forma. The amount of time and expense in
conducting that analysis varies considerably depending upon the project scope, financial
complexity, and developer expertise. The recommended base fee of $500 would
normally cover the initial analysis and the applicant would be charged the actual costs in
completing the review. If the City Council determined that a prospective affordable
housing project was worthy of financial assistance, the fee and expenses would either be
® reimbursed or credited with the approved funding. Mr. Ambo recommended that the City
Council direct staff to amend the Master Fee Schedule to include a $500 base fee deposit
plus actual costs in performing financial real estate pro forma analysis for affordable
housing project financing.
n
MOTION: Councilmember Winholtz moved the City Council direct staff to amend
the Master Fee Schedule to include a $500 base fee deposit plus actual
costs in performing financial real estate pro forma analysis for affordable
housing project financing. The motion was seconded by Councilmember
Grantham and carried unanimously. (5-0)
D-3 POTENTIAL TOPICS FOR THE JOINT PLANNING COMMISSIONXITY
COUNCIL MEETING; (PUBLIC SERVICES)
Public Services Director Bruce Ambo stated Section 2.28.120 of the Morro Bay
Municipal Code provides for the Planning Commission and City Council to meet twice
annually to discuss policies, programs, goals and objectives, budgeting, future planning,
or any other planning matter requiring joint deliberation. The Planning Commission will
also discuss potential topics at their meeting on November 2' . Mr. Ambo recommended
the City Council consider and discuss potential discussion topics for the joint Planning
Commission/City Council meeting.
10
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — OCTOBER 26, 2009
The City Council requested the following discussion items for the joint Planning
Commission/City Council meeting:
• CEQA Workshop
• Downtown Visioning Status Report
No further action was taken on this item.
E. DECLARATION OF FUTURE AGENDA ITEMS
Councilmember Winholtz requested the following items be scheduled for
upcoming Council meetings:
• Report on Regional Transit Options
• Report on Housing In -Lieu Funds
(both items are currently on the agenda planning list.)
ADJOURNMENT
The meeting adjourned to Closed Session at 9:06 p.m.
Recorded by:
Bridgett Bauer
City Clerk
® City of Morro Bay
City Council Agenda
Mission Statement
The City of Morro Bay is dedicated to the preservation and enhancement of the quality
of life The City shall be committed to this purpose and will provide a level of
municipal service and safety consistent with and responsive to the needs of the public.
REGULAR MEETING — OCTOBER 12, 2009
CLOSED SESSION — OCTOBER 12, 2009
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
TRANSACTIONS: Instructing City's real property negotiator regarding the pri
and terms of payment for the purchase, sale, exchange, or lease of real property.
Property: 781 Market Street and the Corner of Pacific Street and Market Street.
Negotiating Parties: George Salwasser and the City of Morro Bay.
Negotiations: Purchase and Sale Conditions.
IT IS NOTED THAT THE CONTENTS OF CLOSED SESSION MEETINGS
ARE CONFIDENTIAL AND EXEMPT FROM DISCLOSURE.
r 1
U
® PUBLIC SESSION — OCTOBER 12, 2009
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.
A. CONSENT CALENDAR
Unless an item is pulled for separate action by the City Council, the following actions are
approved without discussion.
E
A-1 APPROVAL OF MINUTES FOR THE REGULAR CITY COUNCIL MEETING
® ON SEPTEMBER 14, 2009; (ADMINISTRATION)
0
RECOMMENDATION: Approve as submitted.
B. PUBLIC HEARINGS REPORTS & APPEARANCES
B-1 PUBLIC HEARING PURSUANT TO RESOLUTION 51-09 REGARDING
CITY'S INTENTION TO SELL THE CITY -OWNED PROPERTY AT THE
NORTHEAST CORNER OF MARKET AVENUE AND PACIFIC STREET
AND THE CITY -OWNED PROPERTY AT 781 MARKET STREET IN
MORRO BAY, CALIFORNIA; (CITY ATTORNEY)
RECOMMENDATION: Authorize staff to seek bids to sell the real property
located at the Northeast corner of Market Avenue and Pacific Street and at
781 Market Street.
B-2 RESOLUTION TO APPROVE A BUSINESS LICENSE APPLICATION FOR
AN ARCADE IN CONFORMANCE WITH MORRO BAY MUNICIPAL CODE
5.04.330 AT 725 EMBARCADERO ROAD; (ADMINISTRATION)
RECOMMENDATION: Adopt Resolution No. 53-09.
C. UNFINISHED BUSINESS
C-1 CONTINUED CONSIDERATION OF THE CITY'S CO-SPONSORSHIP OF
EVENTS; (RECREATION & PARKS)
RECOMMENDATION: Discuss and direct staff accordingly.
C-2 MANDATORY WATER CONSERVATION MEASURES; (PUBLIC SERVICES)
RECOMMENDATION: Receive report for information and file-
D. NEW BUSINESS
D-I REPORT ON ALCOHOL BEVERAGE CONTROL LICENSE MODIFICATION
REQUEST BY THE BUOY BAR LOCATED AT 2940 MAIN STREET;
(ADMINISTRATION)
RECOMMENDATION: Discuss the request made by the owners of the Buoy
Bar, the impacts on surrounding residences, and make a recommendation to
the Alcohol Beverage Control Board.
3
® D-2 APPROVAL OF RESOLUTION 52-09 OF THE CITY COUNCIL OF THE
CITY OF MORRO BAY, CALIFORNIA APPROVING THE APPLICATION
FOR GRANT FUNDS FOR THE PER CAPITA GRANT PROGRAM UNDER
THE CALIFORNIA CLEAN WATER, CLEAN AIR, SAFE
NEIGHBORHOODS, AND COASTAL PROTECTION ACT OF 2002 FOR
IMPROVEMENTS TO LILA KEISER PARK; (RECREATION & PARKS)
RECOMMENDATION: Adopt Resolution No. 52-09.
D-3 RECOMMENDATION FOR USE OF PARK IN LIEU FUNDS TO
CONTRIBUTE TO THE COMPLETION OF AN AQUATICS CENTER
FEASIBILITY STUDY SPONSORED BY THE COMMUNITY GROUP, THE
POOL AT MORRO BAY; (RECREATION & PARKS)
RECOMMENDATION: Approve the use of $15,000 of Park -in -lieu funds for the
completion of Phase 2 of the Aquatics Center Feasibility Study sponsored by
the non-profit community group, "The Pool at Morro Bay".
E. DECLARATION OF FUTURE AGENDA ITEMS
F. 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.
El
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—OCTOBER 12, 2009
CITY HALL CONFERENCE ROOM - 5:00 P.M.
Mayor Peters called the meeting to order at 5:00 p.m.
PRESENT: Janice Peters Mayor
Carla Borchard Councilmember
Noah Smukler Councilmember
Betty Winholtz Councilmember
ABSENT: Rick Grantham Councilmember
STAFF: Andrea Lueker City Manager
Robert Schultz City Attorney
CLOSED SESSION
MOTION: Mayor Peters moved the meeting be adjourned to Closed Session. The
motion was seconded by Councilmember Borchard and unanimously
carried. (4-0)
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
TRANSACTIONS: Instructing City's real property negotiator regarding the price
and terms of payment for the purchase, sale, exchange, or lease of real property.
Property: 781 Market Street and the Comer of Pacific Street and Market Street.
Negotiating Parties: George Salwasser and the City of Morro Bay.
Negotiations: Purchase and Sale Conditions.
The meeting adjourned to Closed Session at 5:00 p.m. and returned to regular session at
5:54 p.m.
MOTION: Mayor Peters moved the meeting be adjourned. The motion was seconded
by Councilmember Borchard and unanimously carried. (4-0)
® The meeting adjourned at 5:54 p.m.
1
MINUTES - MORRO BAY CITY COUNCIL
® REGULAR MEETING — OCTOBER 12, 2009
VETERANS MEMORIAL HALL - 6:00 P.M.
Mayor Peters called the meeting to order at 6:00 p.m.
PRESENT: Janice Peters Mayor
Carla Borchard Councilmember
Noah Smukler Councilmember
Betty Winholtz Councilmember
ABSENT: Rick Grantham
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
Steve Knuckles
Fire Captain
Susan Slayton
Administrative Services 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 AND COUNCIL MEMBERS REPORTS, ANNOUNCEMENTS &
PRESENTATIONS
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.
I]
PUBLIC COMMENT
Leslyn Keith, representing the Central Coast Survive0ars Team announced the
Awakening of the Dragon ceremony, which is a Chinese tradition to make their boat
strong and fierce. She invited the public to come celebrate the Dragon on Saturday,
October 17'h at Tidelands Park. Ms. Keith stated the Central Coast Survive0ars is a
female cancer survivor paddling team who for two years has provided support,
compassion and exercise to female cancer survivors.
Shawn Alice, representing the Morro Dragons stated he has been in this race six times
and noted the community will benefit from those who participate in this event.
Jean Lomero stated it is important to the Survive0ars that the community supports this
event.
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MINUTES - MORRO BAY CITY COUNCIL
® REGULAR MEETING — OCTOBER 12, 2009
Bonnie Blackledge addressed Item D-3 (Recommendation For Use Of Park In Lieu
Funds To Contribute To The Completion Of An Aquatics Center Feasibility Study
Sponsored By The Community Group, The Pool At Morro Bay) and requested the City
Council approve the use of the park -in -lieu funds only if the scope of this study is
expanded to include the recommendations as suggested by the Morro Bay Community
Pool Foundation. She said the expanded scope as recommended would better serve the
interest and needs of the citizens and would then become a feasibility study for a
community aquatic center that would be located for public use and open year around.
Nancy Bast expressed concern that the City's library lease will expire next year and the
City Council has not yet considered the County's proposal. She reviewed background
information on the community history of the library. Ms. Bast stated this is the
community's library and she would like to know why the lease has not been approved.
Peter Candela, Executive Director of the Chamber of Commerce, expressed thanks to
those who volunteered at the Avocado Margarita Festival. He also extended an invitation
to the Business Expo that would be held on Thursday, October 15a' at the Community
Center.
Nancy Johnson stated family and friends are soliciting funds for a memorial bench in
® honor of Chuck Meissner. She remembered all that Chuck had done for the community of
Morro Bay.
Susan Brown, MV General Manager, shared Dial -a -Ride information including costs and
hours of operation for public information.
The following people addressed Item D-1 (Report on Alcohol Beverage Control License
Modification Request by the Owners of the Buoy Bar Located at 2940 Main Street), and
expressed support by asking the City Council to file no written objections to the Buoy
Bar's request for modifications to their Alcohol and Beverage Control license: Peter
Candela, Nancy Nagano, Kelly Rain, George Caravana, Jane Heath, Lee Bragg, James
Berry, Bill Martony, and James Hays.
Rick Gillian, Treasurer of the Morro Bay Community Pool Foundation, addressed Item
D-3, and stated the Foundation is continuing to work hard towards the goal of a
community aquatics center on the north coast. He said the City of Morro Bay would be
providing a larger share of funds to conduct the feasibility study, and requested the
Council require additional community -based questions to ensure a fair and balanced
feasibility study.
Barbara Doerr addressed Item D-3 and said the City's park -in -lieu funds should be used
for a feasibility study on an aquatic center that would be located within the City of Morro
® Bay and not outside the City limits.
3
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MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — OCTOBER 12, 2009
Mayor Peters closed the hearing for public comment.
Mayor Peters called for a break at 7:14 p.m.; the meeting resumed at 7:24 p.m.
A. CONSENT CALENDAR
Unless an item is pulled for separate action by the City Council, the following actions are
approved without discussion.
A-1 APPROVAL OF MINUTES FOR THE REGULAR CITY COUNCIL MEETING
ON SEPTEMBER 14, 2009; (ADMINISTRATION)
RECOMMENDATION: Approve as submitted.
MOTION: Councilmember Winholtz moved the City Council approve Item A-1 of
the Consent Calendar. The motion was seconded by Councilmember
Borchard and carried unanimously. (4-0)
B. PUBLIC HEARINGS. REPORTS & APPEARANCES
B-1 PUBLIC HEARING PURSUANT TO RESOLUTION 51-09 REGARDING
CITY'S INTENTION TO SELL THE CITY -OWNED PROPERTY AT THE
NORTHEAST CORNER OF MARKET AVENUE AND PACIFIC STREET
AND THE CITY -OWNED -PROPERTY AT 781 MARKET STREET IN
MORRO BAY, CALIFORNIA; (CITY ATTORNEY)
City Attorney Robert Schultz stated Government Code section 37421 allows for the sale
of any City -owned building and/or property by adoption of a resolution of intention to
sell City property. Pursuant to section 3 742 1, the City Council, at its September 28, 2009
meeting, adopted Resolution 51-09 acknowledging its intention to sell the real property at
the Northeast Comer of Market Avenue and Pacific Street and at 781 Market Avenue.
The purpose of this public hearing is to allow for any person to protest the proposed sale.
Mr. Schultz recommended the City Council open the public hearing, and authorizes staff
to seek bids for the sale of real property located at the Northeast Corner of Market
Avenue and Pacific Street and at 781 Market Street, Morro Bay, California.
Mayor Peters opened the hearing for public comment.
Barbara Doerr requested information on how the City would seek bids on the property.
Bill Martony requested information on how the properties would be sold and at what price.
Mayor Peters closed the public comment hearing.
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MINUTES - MORRO BAY CITY COUNCIL
® REGULAR MEETING — OCTOBER 12, 2009
Mr. Schultz answered the questions raised in public comment.
MOTION: Councilmember Winholtz moved the City Council authorize staff to seek
bids to sell the real property located at the Northeast Corner of Market
Avenue and Pacific Street and at 781 Market Street. The motion was
seconded by Councilmember Borchard and carried unanimously. (4-0)
B-2 RESOLUTION TO APPROVE A BUSINESS LICENSE APPLICATION FOR
AN ARCADE IN CONFORMANCE WITH MORRO BAY MUNICIPAL CODE
5.04.330 AT 725 EMBARCADERO ROAD; (ADMINISTRATION)
City Manager Andrea Lueker stated the City received a business license request to establish
a "family fun zone" video arcade at 725 Embarcadero. Pursuant to the Municipal Code,
approval of the business license application for this type of business is required by the City
Council in a public hearing setting. Ms. Lueker recommended the City Council adopt
Resolution No. 53-09 approving a business license application for an arcade located at 725
Embarcadero Road.
Mayor Peters opened the hearing for public comment; there were no comments, and Mayor
Peters closed the public comment hearing.
® Councilmember Borchard expressed concern with another business in the visitor serving
area that will not be providing sales tax.
Councilmember Winholtz stated she will vote in support of this application with the
condition of reviewing it in one year.
Mayor Peters stated she is supportive because it will give kids something to do.
MOTION: Councilmember Smukler moved the City Council adopt Resolution No. 53-09
approving a business license application for an arcade located at 725
Embarcadero Road with conditions 1-5 as listed. The motion was seconded
by Mayor Peters and carried unanimously. (4-0)
C. UNFINISHED BUSINESS
C-1 CONTINUED CONSIDERATION OF THE CITY'S CO-SPONSORSHIP OF
EVENTS; (RECREATION & PARKS)
Mayor Peters stepped down due to a conflict of interest.
Recreation & Parks Director Joe Woods stated the City's co-sponsorship currently
® includes two special events: the Morro Bay Winter Bird Festival and the Teach
Foundation Telethon Fundraiser. Both events were approved by the City Administrator
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MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — OCTOBER 12, 2009
and are well beyond 10 years in existence. The City Council has requested the Recreation
and Parks Commission (RPC) review the current policy and recommend any
improvements such as guidelines for qualifications, application review procedures, and
event logistics. Through discussion, the RPC has agreed on the desire to continue with a
co-sponsorship program, and the need to qualify requesting agencies based on various
criteria. Information received from the requesting agency's application for co-
sponsorship should be reviewed and approved by the RPC and Recreation and Parks
Director. Staff feels that groups requesting co-sponsorship must meet the minimum of
criteria consisting of the following: 1) event is off-season (November I' through April
30's); 2) event is multi -day or one day with financial return to the City; and, 3) requesting
parry is a nonprofit organization. Furthermore, staff feels co -sponsored events should be
reviewed on an annual basis along with their re -submittal of a Facility Use Application.
Additionally, current co -sponsored events would need to reapply under any new policies
or procedures which may be adopted. Mr. Woods recommended the City Council
consider one of the three options: 1) continue with the existing co-sponsorship program
without amendments; 2) approve the City's co-sponsorship of events with conditions; or
3) no longer support the City's co-sponsorship of events.
Councilmember Smukler stated he supports option 2 that would include a recycling plan
® on the questionnaire; Councilmember Borchard and Councilmember Winholtz agreed.
Staff clarified there is a policy that would allow events to apply for co-sponsorship on a
regular basis with an evaluation each year.
Councilmember Winholtz requested the Recreation and Parks Commission define what
the financial return to the City is from the various events.
MOTION: Councilmember Borchard moved the City Council continue the co-
sponsorship of events, with the following conditions: 1) event is off-
season (November 1° through April 30a'); 2) event is multi -day, or one
day with financial return to the City; and, 3) requesting party is a non-
profit organization. The motion was seconded by Councilmember
Smukler.
Councilmember Winholtz requested a friendly amendment to the motion to direct the
Recreation & Parks Department to explore criteria further with more delineation.
Councilmember Borchard accepted the amendment to her motion; Councilmember
Smukler accepted the amendment to his second.
VOTE: The motion carried with Mayor Peters abstaining. (3-0-1)
11
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MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — OCTOBER 12, 2009
C-2 MANDATORY WATER CONSERVATION MEASURES; (PUBLIC SERVICES)
Utilities/Capital Projects Manager Dylan Wade stated on September 28t', the City
Council declared a water emergency on the effective date of October 19's, with the
pending State Water Project shutdown (November 1 and potentially extending to
November 21). Mandatory Water 'Conservation Requirements are codified in the
municipal code, as well as the authority of the Public Services Director to enforce these
requirements to best conserve water during this period. The Public Services Department
— Utilities Division newsletter was sent to every postal address and location within the
community with information on primarily the mandatory conservation program, and a
separate community wide mailing will include the actual "Mandatory Water
Conservation Measures". Notices and handouts have been distributed for display at all
City departments with public counters. All restaurants, hotels and businesses related to
serving visitor's water will be distributed half page flyers to hand out to patrons stating
the City's mandatory water conservation measures are in effect. The City's website has a
considerable amount of the information on water conservation and the mandatory
measures, as well as public service announcements which are currently being run on local
government television (Channel 20). Mr. Wade recommended the City Council receive
this report for information and file.
® MOTION: Councilmember Winholtz moved the City Council receive this report for
information and file. The motion was seconded by Councilmember
Smukler and carried unanimously. (4-0)
D. NEW BUSINESS
D-1 REPORT ON ALCOHOL BEVERAGE CONTROL LICENSE MODIFICATION
REQUEST BY THE BUOY BAR LOCATED AT 2940 MAIN STREET; (POLICE)
Police Chief John DeRohan stated in August 2008, Brian and Nancy Rozario purchased
the Buoy Bar from Neighborhood Bar Concept, Inc. Prior to the sale of this bar, the
Police Department experienced a high volume of calls for service at the Buoy Bar as well
as numerous complaints from the surrounding residents. The Alcohol and Beverage
Control (ABC) Board suspended the ABC license of the bar in 2007 for 30 days due to
numerous violations. During the purchase negotiations of the bar, Brian and Nancy
Rozario had meetings with the Police Chief and agents from ABC. Due to the history of
the bar and the previous problems, additional conditions to the ABC license were
mutually agreed upon by the new owners in addition to the conditions already in
existence. The new owners were informed by the ABC Board that they had the ability to
petition for modification of these conditions after one year in existence or at the time they
applied for a different ABC permit that included the serving of food. It has now been
approximately one year since the new owners took control of the bar and they are
® exercising their right to request a modification of the ABC conditions. The ABC Board
has notified the City of the request by the Rosarios and the City Council must respond
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MINUTES - MORRO BAY CITY COUNCIL
® REGULAR MEETING — OCTOBER 12, 2009
back to the ABC Board by October 15, 2009 (30 days from the date of the ABC notice) if
they choose to file a written objection or response to the modification/removal of the
conditions. Depending on the motion made by Council, comments will be forwarded to
the ABC Board for their consideration if so desired. Any modifications to the ABC
license of the Buoy Bar rest solely with the ABC Board. Chief DeRohan recommended
the City Council discuss the request by the owners of the Buoy Bar, the impacts on
surrounding residences and make a recommendation to the ABC Board.
MOTION: Councilmember Winholtz moved the City Council file no written
objection to the Buoy Bar's request for modifications to their ABC license
that include: 1) modification of Current Condition #1 which would allow
the sales, service and consumption of alcoholic beverages to be permitted
between 6:00 a.m. and 2:00 a.m.; 2) modification of Current Condition #2
would allow permitting live entertainment, acoustic instruments only with
minor amplification, no louder than the existing jukebox; and, 3) removal
of Current Condition #5 which would no longer require at least one (1)
uniformed security guard between the hours of 9:00 p.m. and the time the
bar closes every day of the week the premises is open for business and that
all security guards be licensed by the Department of Consumer Affairs.
® The motion was seconded by Councilmember Borchard and carried
unanimously. (4-0)
Mayor Peters called for a break at 8:32 p.m.; the meeting resumed at 8:36 p.m
D-2 APPROVAL OF RESOLUTION 52-09 OF THE CITY COUNCIL OF THE
CITY OF MORRO BAY, CALIFORNIA APPROVING THE APPLICATION
FOR GRANT FUNDS FOR THE PER CAPITA GRANT PROGRAM UNDER
THE CALIFORNIA CLEAN WATER, CLEAN AIR, SAFE
NEIGHBORHOODS, AND COASTAL PROTECTION ACT OF 2002 FOR
IMPROVEMENTS TO LILA KEISER PARK; (RECREATION & PARKS)
Recreation & Parks Director Joe Woods stated the Office of Grants and Local Services
has contacted the City of Morro Bay regarding the remaining balance of our 2002 Bond
Act Per Capita Block. The remaining balance of $70,000 is unallocated, but still
available. The allocation of these funds to a project must be requested through the
submission of a project application, and staff has identified a project, which includes
improvements to Lila Keiser Park. Staff has evaluated the current conditions at Lila
Keiser Park, and has formulated a project which meets multiple City objectives. The
objectives would be to provide a safe place for the community to recreate, as well as to
attract and maintain positive revenue streams. The project would include the replacement
of bleachers at both west and east fields, the replacement of the scoreboard on the east
field, additional fencing at both fields, and possibly some parking lot improvements.
® Staff feels that the available funds would satisfy the financial demand brought about by
the above project improvements. Staff recognizes the efforts previously demonstrated to
8
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — OCTOBER 12, 2009
capture the $220,000 Block Grant, and feel it is in the best interest of the City to request
the remaining unallocated balance for the use of the improvements to Lila Keiser Park.
Mr. Woods recommended the City Council approve Resolution 52-09, approving the
application for Grant funds for the Per Capita Grant Program under the California Clean
Act, Clean and Air, Safe Neighborhoods, and Coastal Protection Act of 2002 for the
improvements to Lila Keiser Park.
MOTION: Councilmember Smukler moved the City Council adopt Resolution No.
52-09 approving the application for Grant funds for the Per Capita Grant
Program under the California Clean Act, Clean and Air, Safe
Neighborhoods, and Coastal Protection Act of 2002 for the improvements
to Lila Keiser Park, not to exceed the capacity of those grant funds. The
motion was seconded by Councilmember Borchard and carried
unanimously. (4-0)
D-3 RECOMMENDATION FOR USE OF PARK IN LIEU FUNDS TO
CONTRIBUTE TO THE COMPLETION OF AN AQUATICS CENTER
FEASIBILITY STUDY SPONSORED BY THE COMMUNITY GROUP, THE
POOL AT MORRO BAY; (RECREATION & PARKS)
Recreation & Parks Director Joe Woods stated in the attempt to reestablish a community
pool in Morro Bay, the San Luis Coastal Unified School District, City of Morro Bay,
County of San Luis Obispo, and The Morro Bay Community Pool Foundation (a
community based nonprofit organization) met to establish a strategic plan. It was agreed
that the Morro Bay Community Pool Foundation would be responsible for funding and
completing a feasibility study prior to any other action taking place. After this strategic
planning meeting, a second community -based nonprofit organization, The Pool at Morro
Bay, was established, and has taken the responsibility to complete the feasibility study.
This group has sufficient funds to complete the first phase of the feasibility study and is
requesting support from the City of Morro Bay to complete the second phase. The City
Council reviewed a request from the Mono Bay Community Pool Foundation for
partnership in the pursuit of an aquatics center. At the regular scheduled City Council
meeting of November 10, 2008, the City Council unanimously agreed to adopt
Resolution 77-08, which supports this community group in their goal of providing an
aquatics center in conjunction with the County, School District, and the City of Morro
Bay. The Memorandum of Understanding between San Luis Coastal Unified School
District, City of Mono Bay, County of San Luis Obispo, and The Mono Bay Community
Pool Foundation would identify each principles obligations and conditions of
participation. A feasibility study would be outsourced and the Foundation agreed to raise
the funds necessary to complete a feasibility study for the proposed community aquatics
center. The completion of a feasibility study is an essential part of the initial effort to
® provide the Estero Bay community with an aquatics center. The allocation of park -in -
lieu funds would contribute to the success of that endeavor. The Recreation and Parks
9
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MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — OCTOBER 12, 2009
Commission recommends the City Council allocate $15,000 of park -in -lieu funds to
support the second phase of the pool feasibility study. Mr. Woods recommended the City
Council approve the use of $15,000 of park -in -lieu funds for the completion of Phase 2 of
the Aquatics Center Feasibility Study sponsored by the non-profit community group,
"The Pool at Morro Bay".
MOTION: Councilmember Borchard moved the City Council approve the use of
$15,000 of park -in -lieu funds for the completion of Phase 2 of the
Aquatics Center Feasibility Study sponsored by the non-profit community
group, "The Pool at Morro Bay". The motion was seconded by Mayor
Peters.
Councilmember Winholtz stated she is in favor and appreciates being educated on the
need for the Phase I feasibility study for the phone survey; however, she is not
comfortable allocating the $15,000 until she knows the results of that survey.
VOTE: The motion carried with Councilmember Winholtz voting no. (3-1)
E. DECLARATION OF FUTURE AGENDA ITEMS — None.
ADJOURNMENT
The meeting adjourned at 9:22 p.m.
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 — SEPTEMBER 28, 2009
CLOSED SESSION — SEPTEMBER 28, 2009
CITY HALL CONFERENCE ROOM — 4:45 P.M.
595 HARBOR ST., MORRO BAY, CA
CS-1 GOVERNMENT CODE SECTION 54956.8: REAL PROPERTY
TRANSACTIONS: Instructing City's real property negotiator regarding the price
and terms of payment for the purchase, sale, exchange, or lease of real property.
Property: 781 Market Street and the Corner of Pacific Street and Market Street.
Negotiating Parties: George Salwasser and the City of Morro Bay.
Negotiations: Purchase and Sale Conditions.
IT IS NOTED THAT THE CONTENTS OF CLOSED SESSION MEETINGS
ARE CONFIDENTIAL AND EXEMPT FROM DISCLOSURE.
LJ
PUBLIC SESSION — SEPTEMBER 28, 2009
® 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.
A CONSENT CALENDAR
Unless an item is pulled for separate action by the City Council, the following actions are
approved without discussion.
A-1 RESOLUTION NO. 49-09 APPROVING THE FORM OF AND
® AUTHORIZING THE EXECUTION AND DELIVERY OF A PURCHASE
AND SALE AGREEMENT AND RELATED DOCUMENTS WITH RESPECT
TO THE SALE OF THE SELLER'S PROPOSITION IA RECEIVABLE FROM
THE STATE; AND DIRECTING AND AUTHORIZING CERTAIN OTHER
ACTIONS IN CONNECTION THEREWITH; (ADMINISTRATIVE
SERVICES)
RECOMMENDATION: Adopt Resolution No. 49-09.
A-2 PROCLAMATION DECLARING OCTOBER 2009 AS RIDSHARE MONTH'';
(PUBLIC SERVICES)
RECOMMENDATION: Adopt Proclamation.
A-3 STATUS REPORT ON APPLICATIONS FOR ECONOMIC STIMULUS
FUNDING; (ADMINISTRATION)
RECOMMENDATION: Accept the status report for file.
B. PUBLIC HEARINGS. REPORTS & APPEARANCES
B-1 POLICY DISCUSSION ON WATER SERVICES OUTSIDE OF CITY LIMITS;
(PUBLIC SERVICES)
® RECOMMENDATION: Review policies for providing water service outside of
the City limits, and provide direction to staff on whether or not to continue to
provide water services outside of the City limits.
C. UNFINISHED BUSINESS
C-I RESOLUTION DETAILING STRATEGIES TO PREVENT AND REDUCE
VACANCIES ON THE EMBARCADERO AND TO STIMULATE BUSINESS;
(HARBOR)
RECOMMENDATION: Adopt Resolution No. 47-09 approving strategies to
prevent and reduce vacancies on City properties on the Embarcadero and to
stimulate business.
C-2 CONTINUED DISCUSSION ON STATE WATER RESOURCES CONTROL
BOARD ONCE -THROUGH COOLING STATEWIDE POLICY; (PUBLIC
SERVICES)
RECOMMENDATION: Discuss and direct staff accordingly.
C�
3
D. NEW BUSINESS
D-1 DECLARATION OF A WATER EMERGENCY AND INSTITUTION OF
MANDATORY CONSERVATION REQUIREMENTS DURING THE STATE
WATER PROJECT SHUTDOWN; (PUBLIC SERVICES)
RECOMMENDATION: Adopt Resolution No. 50-09 declaring a water
emergency during the State Water Project annual maintenance shutdown
and instituting mandatory conservation requirements.
D-2 APPROVAL OF RESOLUTION 51-09 REGARDING CITY'S INTENTION TO
SELL THE CITY -OWNED PROPERTY AT 781 MARKET AND THE CITY -
OWNED PROPERTY AT THE CORNER OF PACIFIC AND MARKET IN
MORRO BAY, CALIFORNIA; (CITY ATTORNEY)
RECOMMENDATION: Adopt Resolution No.. 51-09 regarding the City's
intention to sell real property owned by the City.
D-3 DISCUSSION OF CITY'S NOTICING POLICY; (ADMINISTRATION)
RECOMMENDATION: Approve the outlined .procedure for notification of
stakeholders in City capital projects that require an environmental impact
report.
® E. DECLARATION OF FUTURE AGENDA ITEMS
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
TIC 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.
17
MINUTES - MORRO BAY CITY COUNCIL
® CLOSED SESSION — SEPTEMBER 28, 2009
CITY HALL CONFERENCE ROOM — 4:45 P.M.
Mayor Peters called the meeting to order at 4:45 p.m.
PRESENT: Janice Peters
Mayor
Carla Borchard
Councilmember
Rick Grantham
Councilmember
Noah Smukler
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 Smukler and
unanimously carried. (5-0)
Mayor Peters read the Closed Session Statement.
CS-1 GOVERNMENT CODE SECTION 54956.8. REAL PROPERTY
® TRANSACTIONS: Instructing City's real property negotiator regarding the price
and terms of payment for the purchase, sale, exchange, or lease of real property.
Property: 781 Market Street and the Comer of Pacific Street and Market Street.
Negotiating Parties: George Salwasser and the City of Morro Bay.
Negotiations: Purchase and Sale Conditions.
The meeting adjourned to Closed Session at 4:45 p.m. and returned to regular session at
5:20 p.m.
MOTION: Councilmember Winholtz moved the meeting be adjourned. The motion
was seconded by Councilmember Borchard and unanimously carried. (5-0)
The meeting adjourned at 5:20 p.m.
11
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — SEPTEMBER 28, 2009
® VETERANS MEMORIAL HALL - 6:00 P.M.
Mayor Peters called the meeting to order at 6:07 p.m.
PRESENT: Janice Peters
Mayor
Carla Borchard
Councilmember
Rick Grantham
Councilmember
Noah Smukler
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
George Rees
Fire Captain
Susan Slayton
Administrative Services Director
Dylan Wade
Utilities/Capital Projects Manager
ESTABLISH QUORUM AND CALL TO ORDER
MOMENT OF SILENCE
® PLEDGE OF ALLEGIANCE
MAYOR AND COUNCIL MEMBERS REPORTS,
ANNOUNCEMENTS &
PRESENTATIONS
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 expressed thanks to the community who supported Measure Q and who
made it possible to receive the Fire Act Grant.
Hunter Kilpatrick announced the 28a' Annual Harbor Festival would be held on October
3rd and 4t', and reviewed this year's events.
Gary Hixson stated he is going to have a television show on Channel 2, and addressed a
variety of issues.
John Jones stated he filed a complaint with the State Water Resources Control Board for
non-compliance against the City on decision 1633. He said in 1995, the City received a
decision to appropriate water to outside the City limits, and had two years to comply with
placing flow meters within the creek. Mr. Jones stated the City has never placed the flow
meters in the creek and it was done by a biologist who said it needed to be done for the
® betterment of the fish and the public good. He requested the City comply with decision
1633, which would be in the City's best interest.
® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — SEPTEMBER 28, 2009
Jack McCurdy addressed Item C-2 (Continued Discussion On State Water Resources
Control Board Once -Through Cooling Statewide Policy) and the draft letter attached to
the staff report. He said this policy is very important and will affect the community of
Morro Bay directly. Mr. McCurdy stated the policy is vague and flawed, and the
comments from the City to the State Board are commendable with appropriate points. He
said CAPE will submit their comments to the Board. Mr. McCurdy also remembered Joe
Giannini who recently passed away.
Tammie Haas, 4H Club, announced October 4-10 is "National 4-H Week". She reviewed
the benefits of being a 4-H member and noted the local club meets the first Tuesday of
each month at the Grange Hall on Highway 41.
Mayor Peters closed the hearing for public comment.
Mayor Peters called for a break at 7:02 p.m.; the meeting resumed at 7:09 p.m.
A CONSENT CALENDAR
Unless an item is pulled for separate action by the City Council, the following actions are
® approved without discussion.
A-1 RESOLUTION NO. 49-09 APPROVING THE FORM OF AND AUTHORIZING
THE EXECUTION AND DELIVERY OF A PURCHASE AND SALE
AGREEMENT AND RELATED DOCUMENTS WITH RESPECT TO THE
SALE OF THE SELLER'S PROPOSITION IA RECEIVABLE FROM THE
STATE; AND DIRECTING AND AUTHORIZING CERTAIN OTHER ACTIONS
IN CONNECTION THEREWITH; (ADMINISTRATIVE SERVICES)
RECOMMENDATION: Adopt Resolution No. 49-09.
A-2 PROCLAMATION DECLARING OCTOBER 2009 AS RIDSHARE MONTH";
(PUBLIC SERVICES)
RECOMMENDATION: Adopt Proclamation.
A-3 STATUS REPORT ON APPLICATIONS FOR ECONOMIC STIMULUS
FUNDING; (ADMINISTRATION)
RECOMMENDATION: Accept the status report for file.
Councilmember Winholtz pulled Item A-1 from the Consent Calendar for public
® information.
3
MINUTES - MORRO BAY CITY COUNCIL
® REGULAR MEETING — SEPTEMBER 28, 2009
Councilmember Smukler stated at the Air Pollution Control Board meeting, they voted to
send a letter in support of SB 67 (California: Property tax revenues: Proposition IA
receivables), and he recommended the City do the same.
MOTION: Councilmember Smukler moved the City Council approve Resolution No.
49-09; and, direct staff to submit a letter in support of Senate Bill 67
declaring the City's intent to participate in the program and the City's
thankfulness for the ability to retain those funds in a short-term manner.
The motion was seconded by Councilmember Winholtz and carried
unanimously. (5-0)
Mayor Peters pulled Item A-2 from the Consent Calendar to make a presentation.
MOTION: Councilmember Borchard moved the City Council approve Item A-2 of
the Consent Calendar. The motion was seconded by Councilmember
Winholtz and carried unanimously. (5-0)
MOTION: Councilmember Winholtz moved the City Council approve Item A-3 of
the Consent Calendar. The motion was seconded by Councilmember
® Borchard and carried unanimously. (5-0)
B. PUBLIC HEARINGS. REPORTS & APPEARANCES
B-1 POLICY DISCUSSION ON WATER SERVICES OUTSIDE OF CITY LIMITS;
(PUBLIC SERVICES)
Utilities/Capital Projects Manager Dylan Wade stated the City of Morro Bay's Municipal
Code indicates, "The City will furnish water service in accordance with the regulations
contained in this chapter and in accordance with other applicable ordinances, to any
property within the City limits and to such areas outside the City limits as the Council
may designate." From time to time since the incorporation of the City, water meters and
water services have been provided to customers outside of the City limits. Some of these
connections were made following the procedure outlined in the Municipal Code with a
designation by Council while others were made in order to secure access or water for the
City. There are others that have no available records pertaining to their connection.
Currently, the City has water service at twelve locations outside of the City limits.
Because of the degradation to the water quality and the changes in regulations, the City
no longer has the ability to both maintain the pumping of wells in the Chorro
Groundwater Basin while providing water to customers in the basin that meets all State
and Federal standards. In order to both provide water to the customers outside the City
limits and maintain the Chorro Groundwater resource for the benefit of the customers
within the City limits, major modifications to the City's infrastructure would be required.
is while
modifications would be needed to effectively deal with the nitrate contamination
while also providing disinfection of the occasional bacteriological contamination events
MINUTES - MORRO BAY CITY COUNCIL
® REGULAR MEETING — SEPTEMBER 28, 2009
that impacts the Chorro Groundwater Basin. The degradation of water quality in the
Chorro Valley, coupled with the connection of water services to the pumping line, and
further complicated by more stringent regulations, will continue to strain the City's water
resources until resolved. Mr. Wade recommended the City Council review the policy for
providing water service outside of the City limits, and direct staff on whether to continue
to provide water services outside of the City limits.
Mayor Peters opened the hearing for public comment.
The following people expressed the importance of the City maintaining a water source in
the Chorro Valley: Russ Banner, Bill Martony, Millie Benson, Mike Burton, Scott
Young, Carrie Burton, Vera Peirce, Dustin Lamone, Tammie Haas, Barbara Doerr,
Edward Peirce, and Connie Papin.
Mayor Peters closed the public comment hearing.
Councilmember Grantham stated the City is years away from being able to afford a plant
that will provide tertiary affluent and in the absence of State and Federal grants it will be
years before the City will have the money to invest in reclamation, which is also very
expensive. He said with the new groundwater rule and increased regulations, quality of
is water and degradation of the City's water supply, which the City is trying to mitigate, the
sphere of influence and annexation of properties would not come close to taking care of
the proposed solutions. Councilmember Grantham stated when it is said that the City
cannot guarantee clean and safe water for its citizens in its current situation he has to look
at his responsibility to the citizens of Morro Bay.
Councilmember Winholtz stated the City has spent $1-2 million on the desalination plant
to remove brackish water from the Morro Valley; why would the expense of $1 million
from the water fund on the Chorro Valley seem so outrageous. She said she would prefer
not to make a decision tonight.
Councilmember Smukler stated this is a complex issue and a decision should not be made
tonight. He said he would like to begin conversations that include the major stakeholders,
i.e. the San Luis Obispo County Regional Water Quality Control Board, State Water
Quality Control Board and the National Estuary Program.
Councilmember Borchard stated she would like staff to start working towards taking the
next steps in the process.
Mayor Peters stated discussions need to take place on the options presented by staff.
11
MINUTES - MORRO BAY CITY COUNCIL
® REGULAR MEETING — SEPTEMBER 28, 2009
MOTION: Councilmember Winholtz moved the City Council direct staff to begin
conversations with the property owners of the Chorro Valley regarding
their source of water; and return to Council to discuss a source of water
with disconnection as a potential. The motion was seconded by
Councilmember Smukler.
Councilmember Winholtz, Councilmember Smukler and Councilmember Borchard
requested the public comment period be reopened.
Mayor Peters opened the hearing for public comment.
The following people reiterated the importance of the City maintaining a water source in
the Chorro Valley: Scott Young, Bob Doerr, Carrie Burton, Bill Martony, Russ Banner,
and Barbara Doerr.
Mayor Peters closed the public comment hearing.
VOTE: The motion carried unanimously. (5-0)
MOTION: Councilmember Smukler moved, as part of these conversations, the City
® Council include the stakeholders of the National Estuary Program, San
Luis Obispo County Regional Water Quality Control Board and State
Water Quality Control Board with a notice of the City's conversations and
existing situation, and that we elude to our intent for future discussions
about decision 1633 and collaborative actions to address the water quality
issue in the Chorro Basin. The motion was seconded by Councilmember
Winholtz and carried unanimously. (5-0)
Mayor Peters called for a break at 8:50 p.m.; the meeting resumed at 8:58 p.m.
C. UNFINISHED BUSINESS
C-1 RESOLUTION DETAILING STRATEGIES TO PREVENT AND REDUCE
VACANCIES ON THE EMBARCADERO AND TO STIMULATE BUSINESS;
(HARBOR)
Harbor Director Rick Algert stated at the September 14, 2009 meeting, the City Council
reviewed a report on City Tidelands leases, revenues and rental structures and considered
a similar resolution. The City Council directed staff that changes are made to the
previous resolution to allow office uses with no time limit on second floor spaces only
and to set fiscal year 09/10 minimum annual rents at the same amount as they were in
fiscal year 08/09, effectively waiving Consumer Price Index increases in fiscal year
® 09/10. Leases that were due for their five-year adjustment in 09/10 based on either 75%
of the total annual rent paid in the last five years or 8% of the appraised amount of the
1]
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — SEPTEMBER 28, 2009
underlying property shall be adjusted so that the minimum annual rent is either the five-
year adjustment amount or the fiscal year 08/09 amount, whichever is lower. A clause
was added to the resolution to clarify that the resolution is for this year only unless the
City Council should choose to reinstate this action in future years or take other similar
actions at a later date. Mr. Algert recommended the City Council adopt Resolution No.
47-09 approving strategies to prevent and reduce vacancies on City properties on the
Embarcadero and to stimulate business.
Councilmember Winholtz requested the following statement be added as part of the
record:
"If an office use did go in and five years down the line the office use left, they would be
subject to having to put in a commercial/visitor-serving use at that time. The one use that
is established during this year continues; but after that it goes back to whatever the policy
is at the time." (statement made by Mayor Peters)
MOTION: Councilmember Winholtz moved the City Council adopt Resolution No.
47-09 approving strategies to prevent and reduce vacancies on City
properties on the Embarcadero and to stimulate business. The motion was
seconded by Councilmember Borchard and carried unanimously. (5-0)
® C-2 CONTINUED DISCUSSION ON STATE WATER RESOURCES CONTROL
BOARD ONCE -THROUGH COOLING STATEWIDE POLICY; (PUBLIC
SERVICES)
City Attorney Robert Schultz stated the State Water Resources Control Board issued a
notice of public hearing to receive comments on the proposed Policy on the Use of
Coastal and Estuarine Waters for Power Plant Cooling. The proposed policy establishes
technology -based standards to implement the Federal Clean Water Act section 316(b)
and reduce the harmful effects associated with cooling water intake structures on marine
and estuarine life. The proposed policy would apply to the 19 existing power plants
including Morro Bay, that currently have the ability to withdraw over 15 billion gallons
per day from the State's coastal and estuarine waters using a single -pass system, also
known as once -through cooling. According to the State Water Board staff, the intent of
the proposed policy is to protect marine and estuarine life from the impacts of once -
through cooling without disrupting the critical needs of the State's electrical generation
and transmission system. This latest Board draft continues to require the phase -out of
once -through cooling systems in existing plants, despite a recent U.S. Supreme Court
decision permitting regulators to compare the costs of replacing the systems against the
environment and other benefits resulting from such replacements. The Morro Bay Power
Plant would have until 2016 to be in compliance. Mr. Schultz recommended the City
Council discuss and approve the draft letter to the State Water Resources Control Board
® regarding comments on the Statewide Water Quality Control Policy on the Use of
Coastal and Estuarine Waters for Power Plant Cooling.
7
® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — SEPTEMBER 28, 2009
Mayor Peters made grammatical amendments to the letter.
Councilmember Winholtz referred to page 8 of Appendix A, and recommended adding
another bullet to the letter requesting Morro Bay is moved to the earliest possible date
that would meet the Board's requirements.
MOTION: Councilmember Winholtz moved the City Council approve the letter
written to the State Water Resources Control Board with the amendments
made by Council. The motion was seconded by Councilmember Borchard
and carried unanimously. (5-0)
D. NEW BUSINESS
D-I DECLARATION OF A WATER EMERGENCY AND INSTITUTION OF
MANDATORY CONSERVATION REQUIREMENTS DURING THE STATE
WATER PROJECT SHUTDOWN; (PUBLIC SERVICES)
Public Services Director Bruce Ambo stated the State Water Project annual maintenance
® shutdown is tentatively scheduled to begin on October 19th for three week duration with
water deliveries resuming November 10's. Depending upon when the actual date of the
shutdown, staff is recommending the City initiate mandatory water conservation
measures to reduce demand during this critical period and preserve the City's water
supply. Municipal Code Section 13.04.345 sets for the "Mandatory Water Conservation
Requirements" with varying levels of water supply emergency or severity that is tied to
increasing degrees of mandatory conservation ranging from Level A (Normal Water
Supply Conditions), Level B (Moderately Restricted Water Supply Conditions), Level C
(Severely Restricted Water Supply Conditions), Level D (Critical Water Supply
Conditions), and Level E (Emergency Water Supply Conditions). These regulations
generally restrict outdoor water use, irrigation, restaurant, and marina and waterfront use
of water. Mr. Ambo recommended the City Council adopt Resolution No. 50-09
declaring a water emergency during the State Water Project annual maintenance
shutdown and instituting mandatory conservation requirements, and authorizing the
Public Services Director to take any and all actions that will best conserve water during
this emergency.
Councilmember Smukler requested the Green Building Incentive Program be included in
the water conservation requirements. He also noted he is in the process of organizing a
North Coast Grey Water Workshop that may be held on November IOa'; it will be a
public outreach and educational opportunity on grey water use and on water conservation
measures with the State Water shutdown.
® Councilmember Borchard suggested downgrading the water restrictions to Level B once
the State Water delivery has resumed.
�:l
® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — SEPTEMBER 28, 2009
Councilmember Winholtz suggested the following amendments to Resolution No. 50-09:
Fourth WHEREAS:
WHEREAS, in accordance with Morro Bay Municipal Code 13.04.330 Council
water conservation powers, that the City Council declares an emergency water condition
will exists. during the State Watef Pfejeet shwdewn;
Second BE IT FURTHER RESOLVED:
BE IT FURTHER RESOLVED, that the Public Services Director is hereby
authorized and directed to implement Crttieel Severely Restricted Water Supply
Conditions, Section 13.04.345C of the Morro Bay Municipal Code in conjunction with
his powers of enforcement as outlined in Section 13.04.340 of the Morro Bay Municipal
Code that will best conserve water during the State Water Project shutdown.
Third BE IT FURTHER RESOLVED:
BE IT FURTHER RESOLVED, the conservation measures shall begin October
® 19, 2009 when the State Water Project annual maintenance shutdown is tentatively
scheduled.
MOTION: Councilmember Winholtz moved the City Council adopt Resolution No.
50-09 declaring a City-wide water emergency as amended by Council.
The motion was seconded by Councilmember Grantham and carried
unanimously. (5-0)
D-2 APPROVAL OF RESOLUTION 51-09 REGARDING CITY'S INTENTION TO
SELL THE CITY -OWNED PROPERTY AT 781 MARKET AND THE CITY -
OWNED PROPERTY AT THE CORNER OF PACIFIC AND MARKET IN
MORRO BAY, CALIFORNIA; (CITY ATTORNEY)
City Attorney Robert Schultz stated the City obtained ownership on the property located
at the Northeast corner of Market Avenue and Pacific Street in 2001. The property was
purchased for $500,000 using parking in -lieu funds. The City Council will need to make
findings that there is no longer a need for this property. It is suggested the City Council
determine the parking lot on this property is underutilized because of the location away
from the Embarcadero and downtown area. If the property is sold, the parking in -lieu
fund will have to be reimbursed $500,000. The City obtained 781 Market Avenue in
2002; General Fund monies were used for the purchase of this property, and also
included the property at 714 Embarcadero. Since 2002, the City has unsuccessfully
issued a series of Request for Proposals to develop the properties into a hotel/conference
® center. The City Council will need to make findings that there is no longer a need for this
property. It is suggested the City Council determines this property is vacant, and has no
® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — SEPTEMBER 28, 2009
potential to be developed as a City facility. Government Code section 37421 allows for
the sale of any city -owned building and/or property by adoption of a resolution of
intention to sell City property. The purpose of this resolution is to allow for any person
to protest the proposed sale. The meeting for final action is scheduled for October 12,
2009. Mr. Schultz recommended the City Council adopt Resolution No. 51-09 regarding
the City's intention to sell the City -owned real property located at 781 Market Avenue
and the City -owned real property located at the corner of Pacific Street and Market
Avenue in Morro Bay, California.
MOTION: Councilmember Grantham moved the City Council adopt Resolution No.
51-09 regarding the City's intention to sell the City -owned real property
located at 781 Market Avenue and the City -owned real property located at
the corner of Pacific Street and Market Avenue in Morro Bay, California.
The motion was seconded by Councilmember Borchard and carried
unanimously. (5-0)
D-3 DISCUSSION OF CITY'S NOTICING POLICY; (ADMINISTRATION)
® City Manager Andrea Lueker stated the City Council has discussed the issue of public
outreach and noticing throughout the years. The City Attorney, in September 2005,
compiled a lengthy and in-depth report on the City's legal requirement on public
noticing. From that report, the issue became more narrow and dealt with public noticing
for development proposals which the City Council provided specific direction. This issue
was brought forward as a result of some concerns voiced by stakeholders during a recent
JPA meeting regarding the Wastewater Treatment Plant upgrade. The chief concern
among the stakeholders was their lack of notification of the meeting. As would be
expected, the City adheres to the legal requirements in regard to noticing the public. In
addition, the City takes an additional step in placing all public meetings on the City's new
website under the "Calendar of Events" section of the homepage. Staff suggested the
City of Morro Bay capital projects that require an Environmental Impact Report (EIR) to
be conducted, the City will provide courtesy noticing for all meetings that pertain to said
project; and, the City will amend the homepage of the City's website to change "Calendar
of Events' to "Calendar of Meetings & Events"; the City will also change the "View all
Events" to "View all Meetings & Events". Ms. Lueker recommended the City Council
approve the procedure of notification of stakeholders in City of Morro Bay capital
projects that require EIR.
MOTION: Councilmember Winholtz moved the City Council approve the procedure
of notification of stakeholders and individuals in City of Morro Bay
capital projects that require Environmental Impact Reports. The motion
was seconded by Councilmember Smukler and carried unanimously. (5-0)
10
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — SEPTEMBER 28, 2009
E. DECLARATION OF FUTURE AGENDA ITEMS
Councilmember Smukler requested to agendize a discussion on the consideration of the
evaluation of water reclamation for Chorro Valley and the evaluation of local alternative
water options; Councilmember Borchard and Councilmember Winholtz concurred.
ADJOURNMENT
The meeting adjourned at 10:06 p.m.
Recorded by:
Bridgett Bauer
City City Clerk
11
E
F9� 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. September 28, 2009 at 5:30 p.m. to be
held at the Veterans' Memorial Building, 209 Surf Street, Morro Bay, California.
The City Council will be conducting interviews to fill a vacancy on the
City's Planning Commission.
The City Council will adjourn to its regular meeting beginning at 6:00 p.m.
IN COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT, IF YOU
NEED SPECIAL ASSISTANCE TO PARTICIPATE IN A CITY MEETING, PLEASE
CONTACT THE CITY CLERK'S OFFICE AT LEAST 24 HOURS PRIOR TO THE
MEETING TO INSURE THAT REASONABLE ARRANGEMENTS CAN BE MADE TO
PROVIDE ACCESSIBILITY TO THE MEETING.
DATED: September 23, 2009
® FINANCE ADMINISTRATION FIRE DEPT. PUBLIC SERVICES
595 Harbor Street 595 Harbor Street 715 Harbor Street 955 Shasta Avenue
HARBOR DEPT.
1275 Embarwdero Road
CITY ATTORNEY POLICE DEPT. RECREATION & PARKS
955 Shasta Avenue 970 Morro Bav Boulevard 1001 Kennedv Wav
® City of Morro Bay
Morro Bay, CA 93442
�1 (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, September 15,
2009 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
considering the following matters:
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.
® Negotiating Parties: Chorro Valley Property Owners and the City of Morro Bay.
Negotiations: Water Rights Terms and Conditions.
CS-2 GOVERNMENT CODE SECTION 54956.9(B): ANTICIPATED
LITIGATION: Significant Exposure to litigation: One (1) potential case.
Chorro Valley Property Owners vs. the City of Morro Bay.
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
0 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 — SEPTEM 3ER 14, 2009
CLOSED SESSION — SEPTEMBER 14, 2009
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.
Negotiating Parties: City Tidelands Trust Leaseholders and the 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.
11
® PUBLIC SESSION — SEPTEMBER 14, 2009
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.
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 24, 2009; (ADMINISTRATION)
® RECOMMENDATION: Approve as submitted.
A-2 AUTHORIZATION TO FILE NOTICE OF COMPLETION FOR MORRO BAY
BOULEVARD AND QUINTANA ROAD INTERSECTION IMPROVEMENT
PROJECT; (PUBLIC SERVICES)
RECOMMENDATION: Authorize staff to file the Notice of Completion for the
Morro Bay Boulevard/Quintana Road Intersection Improvement Project.
A-3 ADOPTION OF ORDINANCE NO. 552 REQUIRING THE FIRE CHIEF TO
DESIGNATE VERY HIGH FIRE HAZARD SEVERITY ZONES AND THE
BUILDING OFFICIAL TO ENFORCE THE REQUIREMENTS OF CHAPTER
7A AND CHAPTER 47, TITLE 24 CALIFORNIA CODE OF REGULATIONS;
(FIRE)
RECOMMENDATION: Adopt Ordinance No. 552.
A4 PROCLAMATION DECLARING SEPTEMBER 27-OCTOBER 3, 2009 AS
SEA OTTER AWARENESS WEEK; (ADMINISTRATION)
RECOMMENDATION: Adopt Proclamation.
is B. PUBLIC HEARINGS. REPORTS & APPEARANCES
B-I APPROVAL OF RESOLUTION DETAILING STRATEGIES TO PREVENT
AND REDUCE VACANCIES ON THE EMBARCADERO AND STIMULATE
BUSINESS; (HARBOR)
E
RECOMMENDATION: Adopt Resolution No. 47-09 authorizing strategies for
reducing vacancies on Tidelands properties.
B-2 DISCUSSION ON STATE WATER RESOURCES CONTROL BOARD ONCE -
THROUGH COOLING STATEWIDE POLICY; (CITY ATTORNEY)
RECOMMENDATION: Discuss and direct staff accordingly.
C. UNFINISHED BUSINESS
C-1 DESIGNATION OF PREFERRED PROPOSAL FOR LEASE SITE 96/96W
LOCATED AT 945 EMBARCADERO - WHALE'S TAIL RESTAURANT;
(HARBOR)
RECOMMENDATION: Adopt Resolution No. 48-09 authorizing Stan Van
Beurden to apply for development permits on City Lease Site 96/96W located
at 945 Embarcadero.
3
® C-2 CONSIDERATION TO SURPLUS 1985 TROLLEY; (PUBLIC SERVICES)
RECOMMENDATION: Authorize staff to surplus and sell the 1985 trolley.
D. NEW BUSINESS
D-1 DISCUSSION ON MAYOR AND COUNCIL TERM LIMITS; (COUNCIL)
RECOMMENDATION: Place an initiative on the General Election ballot in
November 2010 that places a limit on elected terms.
D-2 CONSIDERATION OF PLACING A MEASURE ON THE BALLOT TO
CHANGE THE MAYORAL TERM FROM TWO YEARS TO FOUR YEARS;
(CITY ATTORNEY)
RECOMMENDATION: Discuss and direct staff accordingly.
D-3 DISCUSSION ON PLACING THE PRIMARY ELECTION PROCESS ON THE
BALLOT; (COUNCIL)
RECOMMENDATION: Place an initiative on the General Election ballot in
November 2010 that calls for a repeal of Measure S-06.
® E. DECLARATION OF FUTURE AGENDA ITEMS
F. 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.
:l
® MINUTES - MORRO BAY CITY COUNCIL
CLOSED SESSION — SEPTEMBER 14, 2009
CITY HALL CONFERENCE ROOM - 5:00 P.M.
Mayor Peters called the meeting to order at 5:15 p.m
PRESENT: Janice Peters
Mayor
Carla Borchard
Councilmember
Rick Grantham
Councilmember
Noah Smukler
Councilmember
Betty Winholtz
Councilmember
STAFF: Andrea Lueker
City Manager
Robert Schultz
City Attorney
CLOSED SESSION
MOTION: Councilmember Borchard 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.
Negotiating Parties: City Tidelands Trust Leaseholders and the 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
5:50 p.m.
MOTION: Mayor Peters moved the meeting be adjourned. The motion was seconded
by Councilmember Grantham and unanimously carried. (5-0)
The meeting adjourned at 5:50 p.m.
11
1
® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — SEPTEMBER 14, 2009
VETERANS MEMORIAL HALL - 6:00 P.M.
Mayor Peters called the meeting to order at 6:00 p.m
PRESENT: Janice Peters
Mayor
Carla Borchard
Councilmember
Rick Grantham
Councilmember
Noah Smukler
Councilmember
Betty Winholtz
Councilmember
STAFF: Andrea Lueker
Robert Schultz
Jamie Boucher
Rick Algert
Bruce Ambo
Janeen Burlingame
John DeRohan
Mike Pond
Susan Slayton
Joe Woods
City Manager
City Attorney
Deputy City Clerk
Harbor Director
Public Services Director
Management Analyst
Police Chief
Fire Chief
Administrative Services Director
Recreation & Parks Director
is ESTABLISH QUORUM AND CALL TO ORDER
MOMENT OF SILENCE
PLEDGE OF ALLEGIANCE
MAYOR AND COUNCIL MEMBERS REPORTS, ANNOUNCEMENTS &
PRESENTATIONS
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
Jane Wilzbach encouraged the adoption of pets locally through Adopt -a -Pet, which is
held at Spencers Market on Thursdays and Lemos Ranch every second week on Fridays.
Keith Taylor gave an update on Phase H of the Fire Department.
Claire Grantham announced on September 23rd the County Health Department and the City
of Morro Bay Fire Department would be holding a drill to simulate an influenza outbreak
and assess its ability to respond to a pandemic or other public health emergency. There will
also be a free flu immunization clinic from 7:00 a.m. — 10:00 a.m. and 3:00 p.m. - 7:00 p.m.
at the Morro Bay Fire Department.
® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — SEPTEMBER 14, 2009
Melody DeMeritt addressed Item D-2 (Consideration of Placing a Measure on the Ballot to
Change the Mayoral Term from Two Years to Four Years) and Item D-3 (Discussion on
Placing the Primary Election Process on the Ballot) in terms of access to government and
democracy. She said she supports placing the primary election process on the General
Election ballot in November, which will give the citizens a second primary election process
to experience and see what the pulse of the people is after this second election process. Ms.
DeMeritt stated she supports the mayoral term be changed to a four year term and be
shared by all council members annually as it is in other cities.
Holly Sletland, Environmental Center of San Luis Obispo, encouraged volunteers come out
for Coastal Clean -Up Day on Saturday, September 19 where clean-up will take place at
Morro Rock, Morro Strand and the dog beach north of the strand.
Joan Peterson announced the San Luis Obispo Bicycle Club would host its 38`s Annual
Lighthouse Bike Ride for Charities on September 26s, which route would be between
Highway One between Cuesta College and Piedras Blancas. She said this is one of two
annual fundraisers of the Bike Club that raises money for scholarships for local high
schools and colleges throughout the County and to support local charities.
is Lynda Merrill expressed support for the City Council's vote at the Morro Bay/Cayucos
Sanitary District JPA Meeting to continue with the sewer treatment plant proposal and
environmental impact report. She expressed support for the following agenda items: Item
A4 (Proclamation Declaring September 27-October 3, 2009 as Sea Otter Awareness
Week); Item D-1 (Discussion on Mayor and Council Term Limits); D-2 (Consideration of
Placing a Measure on the Ballot to Change the Mayoral Term from Two Years to Four
Years); and D-3 (Discussion on Placing the Primary Election Process on the Ballot). Ms.
Merrill addressed the lack of health care in the nation.
u
Bill Martony addressed Item D-2 and noted the Board of Supervisors rotate the Chair's
position. He also addressed Item C-1 (Designation of Preferred Proposal for Lease Site
96/96W Located at 945 Embarcadero - Whale's Tail Restaurant) and said the City Council
might consider this lease site to accommodate working boats.
Jack McCurdy stated the State Water Board's Once Through Cooling Regulations are the
result of a Second Circuit Federal Appellate Court decision in January 2007, which
requires the use of the best technology available for all power plants on the coastline and
which in effect means no once -through cooling. He said in reviewing the staff reports as
well as the regulations, he found them to be unenforceable without dates certain by which
the court decision will be complied with and once through cooling will end. Mr. McCurdy
stated the Dynegy contract with Southern California Edison that produces electricity
expires in 2011 and "that plant is not needed" after that date for grid reliability.
3
® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — SEPTEMBER 14, 2009
John Barta addressed Items D-1, D-2, and D-3 on the agenda. He said under the current
system, voters choose from a wide selection of candidates in the primary election, and then
vote from the best of the candidates in the general election. Mr. Barta stated what is
proposed tonight is taking away the choice of the voters. He also addressed Item C-2
(Consideration to Surplus 1985 Trolley) and requested the Council not sell the trolley.
Dorothy Cutter stated she supports repealing Measure S-06 and placing the primary
election on the ballot. She also said she supports rotating the Mayor's seat as they do in
Atascadero and Grover Beach. Ms. Cutter supports changing the mayoral term from two
years to a four-year term.
Jane Heath stated she understands the chief justification of Measure S-06 was to have more
candidates to choose for the elected offices in Morro Bay, which was achieved, but
unfortunately at a high cost to the City and the candidates who ran in two elections. She
referred to AB1121 sponsored by Assemblyman Davis that got within one vote to
becoming law that would have allowed general law cities to do rank choice balloting. Ms.
Heath urged the City Council to request staff to look into this pilot program or consider
adopting spending limits to allow all to participate.
is Hank Roth remembered Molly the Trolley as what was used for Caroling Cop Cars.
11
Mayor Peters closed the hearing for public comment.
Mayor Peters called for a break at 7:15 p.m.; the meeting resumed at 7:25 p.m.
A. CONSENT CALENDAR
Unless an item is pulled for separate action by the City Council, the following actions are
approved without discussion.
A-1 APPROVAL OF MINUTES FOR THE REGULAR CITY COUNCIL MEETING
OF AUGUST 24, 2009; (ADMINISTRATION)
RECOMMENDATION: Approve as submitted.
A-2 AUTHORIZATION TO FILE NOTICE OF COMPLETION FOR MORRO BAY
BOULEVARD AND QUINTANA ROAD INTERSECTION IMPROVEMENT
PROJECT; (PUBLIC SERVICES)
RECOMMENDATION: Authorize staff to file the Notice of Completion for the
Morro Bay Boulevard/Quintana Road Intersection Improvement Project.
4
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — SEPTEMBER 14, 2009
A-3 ADOPTION OF ORDINANCE NO. 552 REQUIRING THE FIRE CHIEF TO
DESIGNATE VERY HIGH FIRE HAZARD SEVERITY ZONES AND THE
BUILDING OFFICIAL TO ENFORCE THE REQUIREMENTS OF CHAPTER
7A AND CHAPTER 47, TITLE 24 CALIFORNIA CODE OF REGULATIONS;
(FIRE)
RECOMMENDATION: Adopt Ordinance No. 552.
A-4 PROCLAMATION DECLARING SEPTEM 3ER 27-OCTOBER 3, 2009 AS
SEA OTTER AWARENESS WEEK; (ADMINISTRATION)
RECOMMENDATION: Adopt Proclamation.
Councilmember Winholtz pulled Item A-2 from the Consent Calendar.
MOTION: Mayor Peters moved the City Council approve Items A-1, A-3 and A4 of
the Consent Calendar. The motion was seconded by Councilmember
Winholtz and carried unanimously. (5-0)
® A-2 AUTHORIZATION TO FILE NOTICE OF COMPLETION FOR MORRO BAY
BOULEVARD AND QUINTANA ROAD INTERSECTION IMPROVEMENT
PROJECT; (PUBLIC SERVICES)
Councilmember Winholtz requested to make two separate motions on this item : 1) the
Notice of Completion for Morro Bay Boulevard and Quintana Road Intersection
Improvement Project; and 2) authorization for the transfer of funds from the various
accounts listed in the staff report to the subject Capital Project. She said she supports the
Notice of Completion; however, she expressed her concern with the transfer of funds.
MOTION: Councilmember Winholtz moved the City Council approve the Notice of
Completion for Morro Bay Boulevard and Quintana Road Intersection
Improvement Project. The motion was seconded by Councilmember
Borchard and carried unanimously. (5-0)
MOTION: Councilmember Borchard moved the City Council authorize the transfer
of funds from the various accounts listed in the staff report to the subject
Capital Project. The motion was seconded by Mayor Peters and carried
with Councilmember Winholtz voting no. (4-1)
® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — SEPTEMBER 14, 2009
B. PUBLIC HEARINGS. REPORTS & APPEARANCES
B-1 APPROVAL OF RESOLUTION DETAILING STRATEGIES TO PREVENT
AND REDUCE VACANCIES ON THE EMBARCADERO AND STIMULATE
BUSINESS; (HARBOR)
Harbor Director Rick Algert stated the City manages approximately 40 commercial
ground leases on the Embarcadero subject to the Tidelands trust granting legislation.
Some of these are water only leases in front of the privately owned properties south of
Tidelands Park. This year the City has received a lot of input from tenants and sub-
tenants in the mid-Embarcadero area that vacancies in the City's. properties are spiraling
out of control and the City master lease rents were a part of the problem. The City
Master Lease format has sophisticated language regarding rental terms as is appropriate
with such long term leases. There is a minimum annual rent which is set at 8% of the
value of the underlying City property vs. a percentage of gross sales rent. Minimum
annual rentals are adjusted each year based on Consumer Price Index (CPI) changes, and
the City anticipates this year's CPI will be the first significant downward adjustment seen
® in recent history. Minimum rents are also adjusted every five years based on reappraisal
or 75% of the total rent paid over the previous five years, whichever is higher. Mid-
Embarcadero City Lease Site businesses and tenants are suffering through a major
recession and down business cycle with current significant vacancies and the potential of
increasing vacancies. Prolonged vacancies on City properties would harm the overall
City business environment and further reduce City Tidelands lease rents. Mr. Algert
recommended the City Council adopt Resolution No. 47-09 authorizing strategies for
reducing vacancies on City Tidelands properties.
I El
Mayor Peters opened the hearing for public comment.
Israel Dominguez, Director of Business and Economic Development at Cuesta College,
stated he favored concepts 1 and 2 in the staff report and encouraged the City Council
also pay close attention to concept 7. He said if the City follows these strategies it would
mitigate any further business closures and any negative impact on tourism.
Stan Trapp, Owner of Marina Square, agreed he also favored concepts 1, 2 and 7 in the
staff report. He noted that without the approval of these concepts, there would be an
impact to approximately 50 employees employed throughout the businesses at Marina
Square.
G7
® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — SEPTEMBER 14, 2009
Bill Martony stated by reducing rents now would help more businesses to remain open
and help generate money into the General Fund from tax revenues, as opposed to having
empty storefronts. He said instead of taking six months to study these strategies to
stimulate business, he recommended the City implement something sooner rather than
later.
Mayor Peters closed the public comment hearing.
Councilmember Smukler stated he supports concept I and prefers a monthly adjustment
to give the City flexibility and minimal impact and return some support to the businesses.
He said he has questions with concept 2 with the visitor serving opportunities.
Councilmember Smukler referred to concept 3 and said he supports a retroactive
adjustment of the CPI and removing that increase. He said concept 4 is the most
intriguing to him and would like to be aggressive with this program and give some
flexibility to some of the master leaseholders. Councilmember Smukler stated being that
concept 7 would reduce the appraised value from 8% to 6% he would have to consider
this as a phase 2 approach.
Councilmember Borchard stated she supports concept 1 and prefers the quarterly rent
ispayment over a monthly payment. She said she would support concept 2 only if the non -
retail business is located in a second floor retail space, without a time limit.
Councilmember Borchard stated she agrees with concept 3 in deferring the CPI for one
year. She said she supports concept 4 requesting staff provide more detailed information
on a program on how it would be implemented and how it would support the master
tenants and be passed down to the tenants that are in the buildings. Councilmember
Borchard stated she would like to phase in the other programs as they come along.
Councilmember Winholtz stated she is hearing a consensus on concepts 1, 3 and 4, which
are the quarterly rent, the freeze of the CPI just for this year, and allowing tenants to
work with staff on a vacancy reduction plan. She said she is not supportive of concept 2
because it is counterproductive to get someone in for a short period of time, but more
importantly because it is a Visitor -Serving zoned area and would not be applicable with
the Coastal Commission or the City's zoning ordinance.
Councilmember Grantham stated he agrees with Councilmember Borchard's comments,
the only difference is on concept 1, he would agree with monthly rent only if there is an
amount equal to one month's rent in an impound account; otherwise, he would go with
quarterly rent. He said he met with the Administrative Services Director Susan Slayton
on concepts 4, 5, 6, and 7 who expressed concern about the consequences to the City,
which he agreed. Councilmember Grantham referred to concept 7 and said the City
should consider more remedies down the road, and also should consider the 6% at the
® duration of the year.
7
® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — SEPTEMBER 14, 2009
Mayor Peters referred to concept 1, and noted it appears there is a consensus on quarterly
rent. She said due to the economy, she supports allowing non -retail business within the
City's zoning restrictions in a second floor retail space. Mayor Peters stated there is a
consensus on concept 3 suspending the CPI for this fiscal year. She said she agrees on
concept 4 in that the City is open to suggestions and it should be a community effort to
increase the City's business viability. Mayor Peters stated she agrees on concept 7, to
give the Harbor Department an additional $100,000 per year cut would stifle them.
MOTION: Councilmember Winholtz moved the City Council direct staff to return to
the City Council with a Resolution as amended by Council. The motion was
seconded by Councilmember Grantham and carried unanimously. (5-0)
B-2 DISCUSSION ON STATE WATER RESOURCES CONTROL BOARD ONCE -
THROUGH COOLING STATEWIDE POLICY; (CITY ATTORNEY)
City Attorney Robert Schultz stated the State Water Board has issued a notice of public
hearing to receive comments on the proposed Policy on the Use of Coastal and Estuarine
Waters for Power Plant Cooling. The hearing has been, scheduled for September 16,
® 2009 in Sacramento, and final comments must be submitted by September 30, 2009. The
proposed Policy establishes technology -based standards to implement the Federal Clean
Water Act Section 316(b) and reduce the harmful effects associated with cooling water
intake structures on marine and estuarine life. The proposed policy would apply to the 19
existing power plants (including Morro Bay) that currently have the ability to withdraw
over 15 billion gallons per day from .the State's coastal and estuarine waters using a
single -pass system, also known as once -through cooling. According to the State Water
Board staff, the intent of the proposed Policy is to protect marine and estuarine life from
the impacts of once -through cooling without disrupting the critical needs of the State's
electrical generation and transmission system. This latest Board draft continues to
require the phase -out of once -through cooling systems in existing plants, despite a recent
U.S. Supreme Court decision permitting regulators to compare the costs of replacing the
systems against the environmental and other benefits resulting from such replacements.
Mr. Schultz stated he is looking for direction on whether he should attend the September
le meeting in Sacramento, noting that being present would allow for a better
understanding of the Policy.
13
Mayor Peters opened the hearing for public comment; there was no comment, and Mayor
Peters closed the public comment hearing.
0
® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — SEPTEMBER 14, 2009
Councilmember Winholtz stated she prefer the City Attorney not attend the September
16's hearing because this is Dynegy's issue at this point, and the City can still make its
comments in its letter. She said she is sensitive to the City Attorney's time and does not
see that it is in the City's best interest that he attends this hearing.
Councilmember Grantham stated this is too important of an issue for this community to
not have representation at this hearing. He said there is money in the budget and he
supports his attendance.
Councilmember Smukler stated there are a lot of details that will be coming out of this
hearing, and he is supportive of the City Attorney attending this hearing.
Councilmember Borchard stated she is supportive of the City Attorney's attendance at
this hearing and would appreciate the opportunity of receiving the information. She said
attending these meetings gives the City the resources of knowing who the stakeholders
are and the connections the City can make and can prove to be an opportunity the City
does not want to miss.
Mayor Peters stated she also supports the City Attorney attend this hearing.
Councilmember Winholtz stated she would like to ensure that if asked at this hearing
what the City's position is on this Policy, that the City Attorney should put a date on that
opinion, because it is a vote of a past City Council. Since that date, there has been new
technology and she does not know that this Council would make that same decision
today.
MOTION: Mayor Peters moved the City Council direct the City Attorney to attend
the September 16, 2009 hearing on the proposed Policy on the Use of
Coastal and Estuarine Waters for Power Plant Cooling. The motion was
seconded by Councilmember Grantham and carried with Councilmember
Winholtz voting no. (4-1)
C. UNFINISHED BUSINESS
C-1 DESIGNATION OF PREFERRED PROPOSAL FOR LEASE SITE 96/96W
LOCATED AT 945 EMBARCADERO - WHALE'S TAIL RESTAURANT;
(HARBOR)
Harbor Director Rick Algert stated on April 27, 2009 the City Council authorized release
of a Request for Proposals (RFP) for Redevelopment of Lease Site 96/96W located at 945
Embarcadero. The RFP was released May 22, 2009 with a submittal deadline of July 21,
is 2009. On August 20, 2009, a Selection Panel interviewed the proposers and rated their
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — SEPTEMBER 14, 2009
proposals based on maximization of public benefits in the proposed project; the
proposing party's potential to bring the project to completion; proposed operations for the
interim period as permits are obtained, to successfully operate on the lease sites; and,
experience and ability to operate on the lease site and on financial capability. The Van
Beurden Proposal was rated number 1 of 3. Mr. Van Beurden plans to open a new
restaurant in the Whale's Tail space for the interim period while he is obtaining permits
and approval for remodeling of the building. Mr. Algert recommended the City Council
adopt Resolution No. 48-09 authorizing Stan Van Beurden to apply for development
permits on City Lease Site 96/96W located at 945 Embarcadero.
MOTION: Councilmember Borchard moved the City Council adopt Resolution No.
48-09 authorizing Stan Van Beurden to apply for development permits on
City Lease Site 96/96W located at 945 Embarcadero. The motion was
seconded by Councilmember Grantham and carried unanimously. (5-0)
C-2 CONSIDERATION TO SURPLUS 1985 TROLLEY; (PUBLIC SERVICES)
Management Analyst Janeen Burlingame stated the City's Parking Management Plan was
Isadopted in October 2007 and included a recommendation to add a third route dedicated to
the Waterfront. The Council adopted the Parking Management Plan and directed staff to
purchase a new trolley for the third route while using the 1985 trolley for the 2008 season
until the new trolley procurement was completed at which time the new trolley would
replace the 1985 trolley to operate the third route. The City received a Proposition IB
State grant to purchase a new trolley as directed by Council. The City piggy -backed on a
San Luis Obispo City trolley purchase contract to acquire the new trolley. In April 2009,
the new trolley was delivered to the City and placed into service for the 2009 season.
The 1985 trolley has over 238,423 miles, is not ADA compliant and is beyond the FTA's
criteria for useful life. The vehicle was intended to become surplus property and be sold
when the replacement trolley went into service; however, the City Council in May 2009
requested staff bring back an item at a later date to discuss disposition. Ms. Burlingame
recommended the City Council authorize the surplus and sale of the 1985 trolley.
11
Council discussed and asked questions of staff about the . sale of the trolley.
Councilmember Borchard, Councilmember Smukler and Councilmember Winholtz were
supportive of selling it; and, Councilmember Grantham and Mayor Peters were in favor
of keeping it.
MOTION: Councilmember Winholtz moved the City Council direct staff to sell the
1985 trolley and place the money in the General Fund. The motion was
seconded by Councilmember Smukler.
10
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — SEPTEMBER 14, 2009
Councilmember Smukler stated he supports the concept of continued use of the trolleys
for special events and community -based events. He requested the review of the FTA
requirements on an interim basis to continue some sort of charter. Councilmember
Smukler also requested staff offer the 1985 trolley to the local company and advise them
that the price is negotiable, in order to keep it in the community and available to the City
for a couple of uses per year.
VOTE: The motion carried with Councilmember Grantham and Mayor
Peters voting no. (3-2)
D. NEW BUSINESS
D-1 DISCUSSION ON MAYOR AND COUNCIL TERM LIMITS; (COUNCIL)
Councilmember Winholtz proposed the following Ordinance be placed as an initiative on
the November 2010 General Election ballot:
"Limitation of Terms. Neither the Mayor nor any member of the Council
40 shall serve in the same office for more than two (2) consecutive terms in
succession; provided, however, that any time in office resulting from a
partial term which is less than one-half (1/2) the length of a full term for
that office, shall not be considered."
Councilmember Winholtz stated the language for this Ordinance is modified from the
Charter of the City of San Luis Obispo. It is clear, concise, and flexible. It allows the
possibility of an elected official to hold non-consecutive terms, and also addresses partial
terms.
MOTION: Councilmember Winholtz moved the City Council direct staff to return to
the City Council with ballot language to place Mayor and Council Term
Limits on the November 2010 General Election ballot.
The motion failed for lack of a second.
No further action was taken on this item.
11
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — SEPTEMBER 14, 2009
D-2 CONSIDERATION OF PLACING A MEASURE ON THE BALLOT TO
CHANGE THE MAYORAL TERM FROM TWO YEARS TO FOUR YEARS;
(CITY ATTORNEY)
City Attorney Robert Schultz stated on November 5, 1974, the required number of
qualified voters in the City of Morro Bay voted in favor of Measure "Q", codified as
Morro Bay Municipal Code Section 2.06.020, which states: The term of office of the
Mayor shall be for two years. He recommended the City Council discuss this issue and
direct staff accordingly.
No action was taken on this item.
D-3 DISCUSSION ON PLACING THE PRIMARY ELECTION PROCESS ON THE
BALLOT; (COUNCIL)
Councilmember Winholtz stated in November 2006, Measure S-06 was placed on the
General Election ballot and won with 58.8% of the votes. This caused the City of Morro
Bay to have a Primary Election for Mayor and Council seats. Measure S-06 can only be
repealed by a vote of the people. The previous City Council discussed whether to put an
initiative on the ballot to ask the voters whether or not they want to rescind the use of a
primary election in selecting council members and mayor. It was concluded that voters
should experience the impact of having a full cycle election with both primary and
general elections before voting on whether to continue with utilizing a primary or return
to the original method of having only a general election. Placing an initiative on the
November 2010 General Election ballot would allow people to express if they wish for
the primary process to continue. Councilmember Winholtz recommended the City
Council place an initiative on the General Election ballot in November 2010 that calls for
a repeal of Measure 5-06.
MOTION: Councilmember Winholtz moved the City Council direct the City
Attorney to prepare language to place an initiative on the General Election
ballot in November 2010 that calls for a repeal of Measure 5-06. The
motion was seconded by Councilmember Smukler and failed with
Councilmember Borchard, Councilmember Grantham and Mayor Peters
voting no. (2-3)
12
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — SEPTEMBER 14, 2009
E. DECLARATION OF FUTURE AGENDA ITEMS
Councilmember Smukler requested to agendize a discussion on election policies and
procedures to include spending limits; Council concurred.
Councilmember Borchard requested to agendize a discussion on enacting a land use
ordinance regulating big box stores; Councilmember Winholtz and Councilmember
Smukler concurred.
Councilmember Grantham requested to agendize a discussion on guidelines for concerts
in parks near residential areas; Councilmember Borchard and Councilmember Winholtz
concurred.
Councilmember Winholtz requested to agendize a workshop on CEQA implementation
guidelines within the next 6 months perhaps at the next joint meeting with the Planning
Commission, and she would like to invite the Cayucos Sanitary District; Councilmember
Borchard concurred.
Councilmember Winholtz requested to agendize a discussion on the definition of what a
heritage tree is. Councilmember Smukler stated his Committee has plans to address this,
but their focus is on the Arbor Day celebration.
ADJOURNMENT
The meeting adjourned at 10:12 p.m.
Recorded by:
Jamie Boucher
Deputy City Clerk
r
�t
13
City of Morro Bay
City Council Agenda
Mission Statement
The City of Mono 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 24, 2009
CLOSED SESSION — AUGUST 24, 2009
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.
Negotiating Parties: City Tidelands Trust Leaseholders and the 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.
PUBLIC SESSION — AUGUST 24, 2009
® 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.
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 MEETINGS OF
JULY 13, 2009 AND AUGUST 10, 2009; (ADMINISTRATION)
RECOMMENDATION: Approve as submitted.
A-2 RESOLUTION NO. 46-09 ADOPTING AMENDMENTS TO THE 2009/10
® MASTER FEE SCHEDULE; (ADMINISTRATIVE SERVICES)
RECOMMENDATION: Adopt Resolution No. 46-09.
A-3 CREATION OF THE WATER SYSTEM OPERATOR 11 AND WATER
SYSTEM OPERATOR III POSITIONS AND AUTHORIZATION TO FILL THE
WATER SYSTEM OPERATOR II POSITION; (ADMINISTRATIVE
SERVICES)
RECOMMENDATION: Authorize the creation of the Water System Operator II and
Water System Operator III positions, authorize hiring to fill the Water System
Operator II position, and authorize reclassifying existing employees into the new
job descriptions as they meet the requirements subject to the meet and confer
process.
A-4 AUTHORIZATION FOR THE CITY OF MORRO BAY TO ENTER INTO
GRANT AGREEMENT 908-101-102 WITH THE DEPARTMENT OF
BOATING AND WATERWAYS FOR STATE PARK MARINA DREDGING
STUDIES, PERMITS AND MONITORING AND AUTHORIZATION FOR THE
CITY OF MORRO BAY TO ENTER INTO A CONSULTING SERVICES
AGREEMENT WITH ANCHOR ENVIRONMENTAL TO ACQUIRE STATE
PARK MARINA DREDGING PERMITS; (HARBOR)
® RECOMMENDATION: Adopt Resolution No. 45-09.
19
A-5 ADOPTION OF ORDINANCE NO. 551 TO AMEND THE MORRO BAY
MUNICIPAL CODE CHAPTER 10.54 TO INCLUDE A NEW SECTION
10.54.065 REQUIRING ANY PERSON RIDING A PERMITTED COASTING
DEVICE AT THE MORRO BAY SKATE PARK TO WEAR A HELMET,
ELBOW PADS, AND KNEE PADS; (RECREATION & PARKS)
RECOMMENDATION: Adopt Ordinance No. 551.
B. PUBLIC HEARINGS. REPORTS & APPEARANCES
B-1 PUBLIC HEARING ON CLOSE-OUT OF COMMUNITY DEVELOPMENT
BLOCK GRANT PLANNING AND TECHNICAL ASSISTANCE ECONOMIC
DEVELOPMENT GRANT 08-PTAE-5411; (PUBLIC SERVICES)
RECOMMENDATION: Hold a public hearing on the "Redevelopment
Feasibility Study Prepared for the City of Morro Bay", which is the CDBG
Planning and Technical Assistance Economic Development Grant Final
Product, and authorize staff to submit the Study with a final closeout letter to
CDBG to close out the grant.
3
B-2 ORDINANCE NO. 552 REQUIRING THE FIRE CHIEF TO DESIGNATE
® VERY HIGH HAZARD SEVERITY ZONES AND THE BUILDING OFFICIAL
TO ENFORCE THE REQUIREMENTS OF CHAPTER 7A AND CHAPTER 47,
TITLE 24 CALIFORNIA CODE OF REGULATIONS; (FIRST
READINGIINTRODUCTION)
RECOMMENDATION: Approve the first reading/introduction of Ordinance
No. 552.
C. UNFINISHED BUSINESS
C-1 CONSIDERATION OF THE COUNCIL'S POSITION REGARDING THE TWO
PROPOSED RESOLUTIONS SUBMITTED FOR CONSIDERATION AT THE
LEAGUE OF CALIFORNIA CITIES' ANNUAL CONFERENCE; (CITY
ATTORNEY)
RECOMMENDATION: Discuss and give direction to the voting delegates on
Council's position regarding the two proposed resolutions submitted for
consideration at the League of California Cities Annual Conference Business
Meeting.
D. NEW BUSINESS
D-1 DISCUSSION ON STATE WATER RESOURCES CONTROL BOARD ONCE
® THROUGH COOLING STATEWIDE POLICY; (PUBLIC SERVICES)
RECOMMENDATION: Discuss and direct staff accordingly.
E. DECLARATION OF FUTURE AGENDA ITEMS
F. 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
CLOSED SESSION — AUGUST 24, 2009
CITY HALL CONFERENCE ROOM - 5:00 P.M.
Mayor Peters called the meeting to order at 5:08 p.m
PRESENT: Janice Peters
Mayor
Carla Borchard
Councilmember
Rick Grantham
Councilmember
Noah Smukler
Councilmember
Betty Winholtz
Councilmember
STAFF: Andrea Lueker
City Manager
Robert Schultz
City Attorney
CLOSED SESSION
MOTION: Councilmember Borchard 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.
Negotiating Parties: City Tidelands Trust Leaseholders and the 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: p.m.
MOTION: Councilmember Borchard moved the meeting be adjourned. The motion
was seconded by Councilmember Grantham and unanimously carried. (5-0)
The meeting adjourned at 6:00 p.m.
® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — AUGUST 24, 2009
VETERANS MEMORIAL HALL - 6:00 P.M.
Mayor Peters called the meeting to order at 6:13 p.m
PRESENT: Janice Peters
Mayor
Carla Borchard
Councilmember
Rick Grantham
Councilmember
Noah Smukler
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
Christine Rogers
Housing Programs Coordinator
Susan Slayton
Administrative Services Director
Joe Woods
Recreation & Parks Director
® ESTABLISH QUORUM AND CALL TO ORDER
MOMENT OF SILENCE
PLEDGE OF ALLEGIANCE
MAYOR AND COUNCIL MEMBERS REPORTS, ANNOUNCEMENTS &
PRESENTATIONS
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, representative of the San Luis Obispo Bike Club, announced the 38`s
Annual Lighthouse Bike Ride for Charities would be held on September 2e, which route
is mostly on Highway One between Cuesta College and Piedras Blancas, and would raise
money to fund high school and college programs.
Mike Schaffer, FunRide Car Sharing Service, stated car sharing is an alternative to the
high cost of owning a vehicle. He said FunRide vehicles will also be available at the San
Luis Obispo Airport, Amtrak and hotel clusters to provide low cost transportation for
visitors to San Luis Obispo County. Mr. Schaffer stated he looks forward to bringing
FunRide to Morro Bay.
E
El
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — AUGUST 24, 2009
Mary Golden, Executive Director of the Central Coast Natural History Association,
announced an event at Morro Rock on Saturday, August 28th called I "Heart" State Parks
to sign green hearts in support of our local State Parks. She also announced a One -Eyed
Skunk Golf Tournament would be held on October 31, 2009 at Morro Bay State Park
Golf Course to support educational projects for State Parks and keeping the parks open.
John Barta remembered Chuck Meissner. He also stated the FunRide Car Sharing
Service is a good idea.
Jack McCurdy addressed Item D-1 (Discussion on State Water Resources Control Board
Once Through Cooling Statewide Policy) stating this might be the first time in 35 years
that the Clean Water Act would be enforced as it was written. He said the regulations are
deficient in once -through cooling systems.
David Nelson requested information on the Cypress tree that was cut down at the North
Point subdivision. He said the existing power plant should be shut down when the permit
expires in 2011; the City will be better off without it and it will benefit the estuary.
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.
A-1 APPROVAL OF MINUTES FOR REGULAR CITY COUNCIL MEETINGS OF
JULY 13, 2009 AND AUGUST 10, 2009; (ADMINISTRATION)
RECOMMENDATION: Approve as submitted.
A-2 RESOLUTION NO. 46-09 ADOPTING AMENDMENTS TO THE 2009/10
MASTER FEE SCHEDULE; (ADMINISTRATIVE SERVICES)
RECOMMENDATION: Adopt Resolution No. 46-09.
A-3 CREATION OF THE WATER SYSTEM OPERATOR II AND WATER
SYSTEM OPERATOR III POSITIONS AND AUTHORIZATION TO FILL THE
WATER SYSTEM OPERATOR II POSITION; (ADMINISTRATIVE
SERVICES)
® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — AUGUST 24, 2009
RECOMMENDATION: Authorize the creation of the Water System Operator II and
Water System Operator III positions, authorize hiring to fill the Water System
Operator II position, and authorize reclassifying existing employees into the new
job descriptions as they meet the requirements subject to the meet and confer
process.
A4 AUTHORIZATION FOR THE CITY OF MORRO BAY TO ENTER INTO
GRANT AGREEMENT #08-101-102 WITH THE DEPARTMENT OF
BOATING AND WATERWAYS FOR STATE PARK MARINA DREDGING
STUDIES, PERMITS AND MONITORING AND AUTHORIZATION FOR THE
CITY OF MORRO BAY TO ENTER INTO A CONSULTING SERVICES
AGREEMENT WITH ANCHOR ENVIRONMENTAL TO ACQUIRE STATE
PARK MARINA DREDGING PERMITS; (HARBOR)
RECOMMENDATION: Adopt Resolution No. 45-09.
A-5 ADOPTION OF ORDINANCE NO. 551 TO AMEND THE MORRO BAY
MUNICIPAL CODE CHAPTER 10.54 TO INCLUDE A NEW SECTION
® 10.54.065 REQUIRING ANY PERSON RIDING A PERMITTED COASTING
DEVICE AT THE MORRO BAY SKATE PARK TO WEAR A HELMET,
ELBOW PADS, AND KNEE PADS; (RECREATION & PARKS)
RECOMMENDATION: Adopt Ordinance No. 551.
Mayor Peters pulled Item A -I from the Consent Calendar; Councilmember Winholtz pulled
Items A-2, A-3 and A4.
MOTION: Councilmember Winholtz moved the City Council approve Item A-5 of
the Consent Calendar. The motion was seconded by Councilmember
Borchard and carried unanimously. (5-0)
A-1 APPROVAL OF MINUTES FOR REGULAR CITY COUNCIL MEETINGS OF
JULY 13, 2009 AND AUGUST 10, 2009; (ADMINISTRATION)
Mayor Peters requested the following amendment to page 5, 3 d paragraph, I'
sentence to the minutes of August 10, 2009: "Mayor Peters stated the Power Plant and
fishing industry are not bringing in as much revenue as in the oast and tourism has
dropped due to the economy."
0 4
® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — AUGUST 24, 2009
Councilmember Winholtz requested the following amendment to page 4, last paragraph,
2°d sentence to the minutes of August 10, 2009: "She said if the City Council moves
forward with the RDA, they shetr}d would commit to increasing assessed property values
in the project areas."
MOTION: Mayor Peters moved the City Council approve Item A -I of the Consent
Calendar as amended. The motion was seconded by Councilmember
Winholtz and carried unanimously. (5-0)
A-2 RESOLUTION NO. 46-09 ADOPTING AMENDMENTS TO THE 2009/10
MASTER FEE SCHEDULE; (ADMINISTRATIVE SERVICES)
Councilmember Winholtz recommended the biennial fee of $170 be amended to $172.
MOTION: Councilmember Winholtz moved the City Council approve Item A-2 of
the Consent Calendar as amended. The motion was seconded by
Councilmember Grantham and carried unanimously. (5-0)
® A-3 CREATION OF THE WATER SYSTEM OPERATOR II AND WATER
SYSTEM OPERATOR III POSITIONS AND AUTHORIZATION TO FILL THE
WATER SYSTEM OPERATOR II POSITION; (ADMINISTRATIVE
SERVICES)
Councilmember Winholtz stated she would like to vote on these issues separately.
MOTION: Councilmember Winholtz moved the City Council authorize the creation
of the Water System Operator II and Water System Operator III positions,
and authorize reclassifying existing employees into the new job
descriptions as they meet the requirements subject to the meet and confer
process. The motion was seconded by Councilmember Borchard and
carried unanimously. (5-0)
MOTION: Councilmember Grantham moved the City Council authorize hiring to fill
the Water System Operator II position. The motion was seconded by
Councilmember Borchard and carried with Councilmember Smukler and
Councilmember Winholtz voting no. (3-2)
® 5
® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — AUGUST 24, 2009
A-4 AUTHORIZATION FOR THE CITY OF MORRO BAY TO ENTER INTO
GRANT AGREEMENT #08-101-102 WITH THE DEPARTMENT OF
BOATING AND WATERWAYS FOR STATE PARK MARINA DREDGING
STUDIES, PERMITS AND MONITORING AND AUTHORIZATION FOR THE
CITY OF MORRO BAY TO ENTER INTO A CONSULTING SERVICES
AGREEMENT WITH ANCHOR ENVIRONMENTAL TO ACQUIRE STATE
PARK MARINA DREDGING PERMITS; (HARBOR)
Councilmember Winholtz requested clarification from staff regarding the letter from
Anchor Qea dated August 14, 2009. She also referred to the State's comment that it
would not fulfill its payments if the State budget is not approved, and how would that
affect the City. Harbor Director Rick Algert responded the City could terminate the
contract at any time.
MOTION: Councilmember Winholtz moved the City Council approve Item A4 of
the Consent Calendar. The motion was seconded by Councilmember
Grantham and carried unanimously. (5-0)
® Mayor Peters called for a break at 7:08 p.m.; the meeting resumed at 7:16 p.m.
B. PUBLIC HEARINGS. REPORTS & APPEARANCES
B-1 PUBLIC HEARING ON CLOSE-OUT OF COMMUNITY DEVELOPMENT
BLOCK GRANT PLANNING AND TECHNICAL ASSISTANCE ECONOMIC
DEVELOPMENT GRANT 08-PTAE-5411; (PUBLIC SERVICES)
Housing Programs Coordinator Christine Rogers stated the City has completed work on
the Planning and Technical Assistance Grant from the Community Development Block
Grant (CDBG). Ms. Rogers recommended the City Council hold a public hearing to take
input on the Redevelopment Feasibility Study prepared for the City of Morro Bay, which
is the CDBG Planning and Technical Assistance Economic Development Grant (08-
PTAE-5411) final product, and authorize staff to submit the study with a final closeout
letter to CDBG to close out the grant.
Mayor Peters opened the hearing for public comment.
Steve Griffith showed a diagram referring to the blight area in the Redevelopment
Feasibility Study prepared by Urban Futures, Inc. whom he said the City should not have
paid.
0 6
® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — AUGUST 24, 2009
Mike Barrios stated a Redevelopment Agency (RDA) is the wrong way to make money
in Morro Bay.
Nancy Bast stated the staff report does not give much information on block grant funding.
Jack McCurdy stated there would be a citizen -enacted analysis prepared on the RDA. He
referenced a no bid or sole -source contract that the City signed with Urban Futures, Inc.
David Nelson stated an RDA would take money from our local school system. He said he
did not believe Morro Bay needed an RDA, and it was another example of misuse of City
funds.
Dorothy Cutter stated the RDA study was flawed and the City should not have paid for it.
She said she found 25 cities that have RDA's that are in lawsuits mostly because of blight.
Ms. Cutter turned in "List of Clients of Urban Futures Incorporated and Coalition for
Redevelopment Reform" as part of the record.
Alise Griffith stated according to California Redevelopment Law, the Urban Futures' report
® is in violation of what the State defines as blight. She said had the City not voted to table
this issue, the City could have lost its incorporation through a lawsuit.
Mayor Peters closed the public comment hearing.
MOTION: Councilmember Grantham moved the City Council authorize staff to submit
the Redevelopment Feasibility Study with a final closeout letter to
Community Development Block Grant to close out the grant. The motion
was seconded by Councilmember Borchard and carried unanimously. (5-0)
B-2 ORDINANCE NO. 552 REQUIRING THE FIRE CHIEF TO DESIGNATE
VERY HIGH HAZARD SEVERITY ZONES AND THE BUILDING OFFICIAL
TO ENFORCE THE REQUIREMENTS OF CHAPTER 7A AND CHAPTER 47,
TITLE 24 CALIFORNIA CODE OF REGULATIONS; (FIRST
READING/INTRODUCTION)
Fire Chief Mike Pond stated the California Department of Forestry and Fire Protection
(CAL FIRE) Director is recommending -the -area designated as very high fire hazard
severity zones in Morro Bay be reduced. The previous -map -produced in 1985, identified
as Cerro Cabrillo, Black Hill, and residential and business districts bordering Black Hill
as being Very High Fire Hazard Severity Zones. The new proposed map eliminates most
of these zones from the City of Morro Bay. Only the portion of Cerro Cabrillo within the
city limits, located on the southeast side of South Bay Boulevard in the State Park, is
El
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — AUGUST 24, 2009
recommended as a Very High Fire Hazard Severity Zone. Acceptance of the new map
and approval of the proposed ordinance allows the Fire Chief to designate other fire
hazard properties with findings supported by substantial evidence and allow enforcement
of wild land -urban interface codes found in Chapter 7A and Chapter 47 of Title 24,
California Code of Regulations. Chief Pond recommended the City Council approve the
first reading and introduction of Ordinance No. 552 requiring the Fire Chief to designate
Very High Hazard Severity Zones and the Building Official to enforce the requirements
of Chapter 7A and Chapter 47, Title 24 California Code of Regulations.
Mayor Peters opened the hearing for public comment; there were no comments, and
Mayor Peters closed the public comment hearing.
Councilmember Winholtz proposed the following amendment to Ordinance No. 552:
Section 14.65.050 — "Supported by substantial evidence in the record" shall
require the City Council to hold a public hearing and make findings that there
is competent substantial evidence in the record to support the Fire Chiefs
designation as Fire Hazard Areas -
is MOTION: Councilmember Grantham moved the City Council approve the first
reading and introduction of Ordinance No. 552 requiring the Fire Chief to
designate Very High Hazard Severity Zones and the Building Official to
enforce the requirements of Chapter 7A and Chapter 47, Title 24
California Code of Regulations; and, added Section 14.65.050 approved
by Council. The motion was seconded by Councilmember Winholtz and
carried unanimously. (5-0)
City Manager Andrea Lueker read Ordinance No. 552 by number and title only.
C. UNFINISHED BUSINESS
C-1 CONSIDERATION OF THE COUNCIL'S POSITION REGARDING THE TWO
PROPOSED RESOLUTIONS SUBMITTED FOR CONSIDERATION AT THE
LEAGUE OF CALIFORNIA CITIES' ANNUAL CONFERENCE; (CITY
ATTORNEY)
City Attorney Robert Schultz stated each League Member City has the right to cast its
vote at the League of California Cities Annual Conference Business Meeting resolutions.
There are two resolutions under consideration for adoption at this year's Annual Business
Meeting. The first resolution titled "Resolution Relating to Social Host Liability" is to
consider the League's support of a policy that holds social hosts responsible for underage
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — AUGUST 24, 2009
drinking, and opposition to policies that make it easy for those who are underage to
access alcohol through adults and on private property. The second resolution titled
"Resolution Urging City Governments and others to Divest from Banks that Fail to
Cooperate with Foreclosure Prevention Efforts" is to consider the League's support of the
City of Los Angeles and other member cities in exploring the potential divestiture of all
deposits in banking and other financial institutions that fail to cooperate with foreclosure
prevention efforts; the support of City retirement programs and other similar
organizations which adopt a similar divestiture policy; and, the request to the National
League of Cities to consider adoption of a similar resolution. Mr. Schultz recommended
the City Council discuss and give direction to the voting delegates on Council's position
regarding the two proposed resolutions submitted for consideration at the League of
California Cities Annual Conference Business Meeting.
Council decided to not attend the Annual Business Meeting to vote on the two resolutions
noted above. The voting delegate or alternate would attend if a later item were placed on
the agenda that would require the City's vote.
® No further action was taken on this item.
D. NEW BUSINESS
r
D-I DISCUSSION ON STATE WATER RESOURCES CONTROL BOARD ONCE
THROUGH COOLING STATEWIDE POLICY; (PUBLIC SERVICES)
City Attorney Robert Schultz stated the State Water Board has issued a notice of public
hearing to receive comments on the proposed Policy on the Use of Coastal and Estuarine
Waters for Power Plant Cooling. The hearing has been scheduled for September 16,
2009 in Sacramento. The proposed Policy establishes technology -based standards to
implement the Federal Clean Water Act Section 316(b) and reduce the harmful effects
associated with cooling water intake structures on marine and estuarine life. The
proposed policy would apply to the 19 existing power plants (including Morro Bay) that
currently have the ability to withdraw over 15 billion gallons per day from the State's
coastal and estuarine waters using a single -pass system, also known as once -through
cooling. According to the State Water Board staff, the intent of the proposed Policy is to
protect marine and estuarine life from the impacts of once -through cooling without
disrupting the critical needs of the State's electrical generation and transmission system.
This latest Board draft continues to require the phase -out of once -through cooling
systems in existing plants, despite a recent U.S. Supreme Court decision permitting
regulators to compare the costs of replacing the systems against the environmental and
other benefits resulting from such replacements. The new draft, however, does permit a
N
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — AUGUST 24, 2009
very limited cost -benefit analysis for operators of nuclear plants and small fossil -fueled
plants. Staff has also learned that there will be a special stakeholder meeting on
September 8, 2009. The purpose of this meeting is to provide an informal question and
answer session for interested parties in advance of the Board's planned public hearing on
September 16, 2009. The September 8, 2009 meeting will be a Staff -level meeting,
Board members will not be present, and comments made at this meeting will not be part
of the administrative record for the Policy. Mr. Shultz stated he is looking for direction
from Council on whether he should attend and participate in both the September 8'h and
16`s meetings in Sacramento, and if Council would want staff to bring back a draft
written response to the September 28, 2009 City Council meeting.
MOTION: Mayor Peters moved the City Council direct the City Attorney to attend
the September 8, 2009 Special Stakeholder meeting in Sacramento, and
report back to Council at their September 14, 2009 regular meeting for
direction regarding attendance at the September 16, 2009 public hearing.
The motion was seconded by Councilmember Grantham and carried
unanimously. (5-0)
E. DECLARATION OF FUTURE AGENDA ITEMS - None.
ADJOURNMENT
The meeting adjourned at 8:21 p.m.
Recorded by:
&XQ
Bridgett Bauer
City Clerk
is 10
® City of Morro Bay
City Council Agenda
Mission Statement
The City of Morro Bay is dedicated to the preservation and enhancement of the quality
of life The City shall be committed to this purpose and will provide a level of
municipal service and safety consistent with and responsive to the needs of the public.
REGULAR MEETING — AUGUST 10, 2009
CLOSED SESSION — AUGUST 10, 2009
CITY HALL CONFERENCE ROOM - 4:00 P.M.
595 HARBOR ST., MORRO BAY, CA
CS-1 GOVERNMENT CODE SECTION 54956.8. REAL PROPERTY
Is price
Instructing City's real property negotiator regarding the
price and terms of payment for the purchase, sale, exchange, or lease of real
property.
Negotiating Parties: City Tidelands Trust Leaseholders and the 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.
11
® SPECIAL MEETING — AUGUST 10, 2009
VETERANS MEMORIAL HALL - 5:00 P.M.
209 SURF ST., MORRO BAY, CA
ESTABLISH QUORUM AND CALL TO ORDER
PUBLIC HEARINGS, REPORTS & APPEARANCES
PH-1 DISCUSSION ON ACTIVATING THE MORRO BAY
REDEVELOPMENT AGENCY AND INITIATION OF PLANS TO
BEGIN THE FORMAL REDEVELOPMENT PLAN ADOPTION
PROCESS; (PUBLIC SERVICES)
11
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.
PC
® PUBLIC SESSION — AUGUST 10, 2009
VETERANS MEMORIAL HALL - 6:00 P.M.
209 SURF ST., MORRO BAY, CA
ESTABLISH QUORUM AND CALL TO ORDER
MOMENT OF SILENCE
PLEDGE OF ALLEGIANCE
MAYOR AND COUNCILMEMBERS ANNOUNCEMENTS & PRESENTATIONS
CLOSED SESSION REPORT
PUBLIC COMMENT PERIOD - Members of the audience wishing to address the
Council on City business matters (other than Public Hearing items under Section B) may
do so at this time.
To increase the effectiveness of the Public Comment Period, the following rules shall be
followed:
• When recognized by the Mayor, please come forward to the podium and state
your name and address for the record. Comments are to be limited to three
minutes.
• All remarks shall be addressed to Council, as a whole, and not to any
individual member thereof.
is • The Council respectfully requests that you refrain from making slanderous,
profane or personal remarks against any elected official, commission and/or
staff.
• Please refrain from public displays or outbursts such as unsolicited applause,
comments or cheering.
• Any disruptive activities that substantially interfere with the ability of the City
Council to carry out its meeting will not be permitted and offenders will be
requested to leave the meeting.
• Your participation in City Council meetings is welcome and your courtesy
will be appreciated.
In compliance with the Americans with Disabilities Act, if you need special assistance to
participate in this meeting, please contact the City Clerk, (805) 772-6205. Notification 72
hours prior to the meeting will enable the City to make reasonable arrangements to ensure
accessibility to this meeting.
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 SPECIAL CITY COUNCIL MEETING
OF JULY 13, 2009, AND THE REGULAR CITY COUNCIL MEETING OF
JULY 13, 2009; (ADMINISTRATION)
RECOMMENDATION: Approve as submitted.
A-2 APPROVAL OF THE SERVICE RETIREMENT INCENTIVE PROGRAM;
(ADMINISTRATIVE SERVICES)
RECOMMENDATION: Approve the Service Retirement Incentive Program.
A-3 APPROVAL OF A LANDLORD'S ESTOPPEL ON LEASE SITE 122-
123/122W-123W, EXT. 122W-123W, LOCATED AT 1205 EMBARCADERO -
HARBOR HUT; (HARBOR)
RECOMMENDATION: Adopt Resolution No. 44-09.
A4 ORDINANCE NO. 550 AMENDING TITLE 15 HARBOR AND OCEAN
REGULATIONS, CHAPTER 15.40 REGARDING VESSEL HABITATION;
SECOND READING/ADOPTION; (HARBOR)
RECOMMENDATION: Adopt Ordinance No. 550.
® A-5 APPROVAL OF THE SAN LUIS COASTAL UNIFIED SCHOOL DISTRICT
REQUEST FOR CITY PUBLIC, EDUCATION AND GOVERNMENT
ACCESS FUNDS IN SUPPORT OF EDUCATIONAL ACCESS
PROGRAMMINGIVIDEO PRODUCTION CURRICULAR AT DEL MAR
ELEMENTARY AND MORRO BAY HIGH SCHOOLS; (PUBLIC
SERVICES)
RECOMMENDATION: Approve the San Luis Coastal Unified School District's
request for PEG access funds in support of educational access
programming/video production curricular at Del Mar Elementary and
Morro Bay High Schools; and, authorize the release of PEG access funds in
an amount up to $54,579 to San Luis Coastal Unified School District on a
reimbursement basis based on actual costs incurred.
A-6 ENTERING INTO A MEMORANDUM OF UNDERSTANDING WITH SAN
LUIS OBISPO COUNTY FOR THE PREPARATION OF AN INTEGRATED
REGIONAL WATER MANAGEMENT PLAN; (PUBLIC SERVICES)
RECOMMENDATION: Authorize the Utilities/Capital Projects Manager to
enter into a MOU with San Luis Obispo County and to represent the City in
preparing the Integrated Regional Water Management Plan.
4
® A-7 STATUS REPORT ON APPLICATIONS FOR ECONOMIC STIMULUS
FUNDING; (ADMINISTRATION)
RECOMMENDATION: Receive report for information.
A-8 APPROVAL OF SETTLEMENT AGREEMENT IN WALLICK V. CITY OF
MORRO BAY; (CITY ATTORNEY)
RECOMMENDATION: Approve the settlement agreement between the City and
Joseph Wallick.
A-9 ACCEPTANCE OF LETTER OF RESIGNATION FROM PLANNING
COMMISSIONER; (ADMINISTRATION)
RECOMMENDATION: Accept letter of resignation from Planning
Commissioner Bill Woodson.
A-10 AUTHORIZATION TO FILL THE ASSOCIATE PLANNER POSITION;
(PUBLIC SERVICES)
RECOMMENDATION: Authorize the hiring of the recently vacated position of
the Associate Planner.
is B. PUBLIC HEARINGS. REPORTS & APPEARANCES
B-1 INTRODUCTION OF ORDINANCE NO. 551 TO AMEND THE MORRO BAY
MUNICIPAL CODE CHAPTER 10.54 TO INCLUDE A NEW SECTION
10.54.065 REQUIRING ANY PERSON RIDING A PERMITTED COASTING
DEVICE AT THE MORRO BAY SKATE PARK TO WEAR A HELMET,
ELBOW PADS, AND KNEE PADS; (RECREATION & PARKS)
RECOMMENDATION: Approve Ordinance No. 551 for first reading and
introduction.
C. UNFINISHED BUSINESS
C-1 STATUS REPORT ON APPEAL FEES; (PUBLIC SERVICES)
RECOMMENDATION: Receive report for information.
C-2 PRESENTATION ON IMPLEMENTATION ON GOALS A&B FROM THE
MANAGEMENT PARTNERS GOAL SETTING WORKSHOP;
(ADMINISTRATION)
RECOMMENDATION: Review Goals A and B from the Goal Setting Workshop
Outcomes for 2009 document and provide further direction to staff.
5
® D. NEW BUSINESS
D-1 CONSIDERATION OF THE CITY'S. CO-SPONSORSHIP OF EVENTS;
(RECREATION & PARKS)
RECOMMENDATION: Discuss and direct staff accordingly.
D-2 DESIGNATION OF VOTING DELEGATE AND ALTERNATE VOTING
DELEGATE AT LEAGUE OF CALIFORNIA CITIES 2009 ANNUAL
CONFERENCE BUSINESS MEETING; (ADMINISTRATION)
RECOMMENDATION: Select a voting delegate and alternate voting delegate to
attend the League of California Cities 2009 Annual Conference Business
Meeting.
E. DECLARATION OF FUTURE AGENDA ITEMS
F. 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
is AGENDA POSTED AT CITY HALL FOR ANY REVISIONS OR CALL THE
CLERK'S OFFICE AT 772-6200 FOR FURTHER INFORMATION.
r
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.
3
® MINUTES - MORRO BAY CITY COUNCIL
CLOSED SESSION — AUGUST 10, 2009
CITY HALL CONFERENCE ROOM - 4:00 P.M.
Ell
Mayor Peters called the meeting to order at 4:00 p.m
PRESENT: Janice Peters
Mayor
Carla Borchard
Councilmember
Rick Grantham
Councilmember
Noah Smukler
Councilmember
Betty Winholtz
Councilmember
STAFF: Andrea Lueker
City Manager
Robert Schultz
City Attorney
CLOSED SESSION
MOTION: Councilmember Borchard moved the meeting be adjourned to Closed
Session. The motion was seconded by Councilmember Winholtz and
unanimously carried. (5-0)
Mayor Peters read the Closed Session Statement.
CS-1
TRANSACTIONS: Instructing City's real property negotiator regarding the
price and terms of payment for the purchase, sale, exchange, or lease of real
property.
Negotiating Parties: City Tidelands Trust Leaseholders and the City of Morro Bay.
Negotiations: Lease Terms and Conditions.
The meeting adjourned to Closed Session at 4:00 p.m. and returned to a special meeting
at 4:50 p.m.
MOTION: Mayor Peters moved the meeting be adjourned. The motion was seconded
by Councilmember Borchard and unanimously carried. (5-0)
The meeting adjourned at 4:50 p.m.
® MINUTES - MORRO BAY CITY COUNCIL
SPECIAL MEETING — AUGUST 10, 2009
VETERANS MEMORIAL HALL - 5:00 P.M.
u
11
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Mayor Peters called the meeting to order at 5:00 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
Christine Rogers
Joe Woods
ESTABLISH QUORUM AND CALL TO ORDER
MOMENT OF SILENCE
PLEDGE OF ALLEGIANCE
City Manager
City Attorney
City Clerk
Harbor Director
Public Services Director
Housing Programs Coordinator
Recreation & Parks Director
PUBLIC HEARINGS. REPORTS & APPEARANCES
PH-1 DISCUSSION ON ACTIVATING THE MORRO BAY RDA AND
INITIATION OF PLANS TO BEGIN THE FORMAL
REDEVELOPMENT PLAN ADOPTION PROCESS; (PUBLIC
SERVICES)
City Manager Andrea Lueker reviewed the hearings held on activating a Redevelopment
Agency (RDA) in the City of Morro Bay.
Public Services Director Bruce Ambo stated redevelopment is a process, and at this stage
the only thing that has been done is a feasibility study. He strongly recommended the
City Council follow through with the expert opinions in the feasibility study and actually
begin the year -long formal formation process, which includes among many other
components activating the RDA, identifying a project area, discussing an eminent domain
policy, and formulating a Redevelopment Plan. Urban Futures Incorporated, Inc. has
indicated there is enough time to capture the fiscal year 2009/10 base year, complete the
formal formation process, and have the adopting ordinance effective by August 20, 2010
if the City Council in effect starts the process now in the beginning of August.
Fundamentally, redevelopment is a municipal revenue source devoted almost solely for
the purpose of stimulating economic development, providing affordable housing, and
® eliminating blighting influences. The concept of redevelopment only works if property
tax values grow. As that happens as expected and encouraged, so will the property tax
increment, which in turn funds redevelopment activities. Therefore, redevelopment is not
a mechanism to "devalue" property in any way, and in fact is more of a tool for
revitalization. Mr. Ambo stated quite a bit of confusion and concern amongst some of
the residents in the community has been raised by a flyer that was handed out in
opposition to redevelopment, and in particular the "blight" weighting factors and
"eminent domain". He recommended the City Council open the hearing for public
comment; discuss the activation of the RDA, and direct staff accordingly.
Housing Programs Coordinator Christine Rogers reviewed the affordable housing
requirements through the RDA.
City Attorney Robert Schultz reviewed the law on eminent domain.
Mayor Peters opened the hearing for public comment.
The following people expressed opposition to forming a RDA in the City of Morro Bay:
Marvin Victor, Steven Marketello, Royal Marten, Shari McKelvy, Del Clegg, Bonnie
Blacklidge, Kathy Franks, Robert Griffith, Joe Wallich, Mike Barrios, Bernadette
Pekarek, Ric Deschler, Nancy Bast, Larry Burke (read a letter for Michael Durick), Susan
Heinemann (read a letter for Wanda Durick), Dorothy Cutter, Steve Griffith, Jack
McCurdy, Lynda Merrill, Dolly Curaza and Christine Holdstock.
® Steve Eckis stated he served as General Counsel for a RDA in Southern California for 22
years and reinforced what the City Attorney said about eminent domain. He said it was
his experience that eminent domain that covered commercial properties, but not
residential properties, together with a RDA can be very successful and can be the engine
for economic development in a community on a voluntary basis working with the agency
and with willing property owners.
Joan Solu stated if the City Council moves forward with the RDA, that they consider
including the Morro Bay Power Plant from the start, exclude residential areas from any
eminent domain, and include businesses and commercial areas only.
John Barta gave an example of how a RDA works; such as, the City would have to invest
money to start and years to come it will pay huge dividends as other cities have shown.
He said if the City Council moves forward with the RDA, that they consider including the
Morro Bay Power Plant. Mr. Barta stated the City does not need to rush into this
program.
Bill Martony stated the City Council should move slowly on this proposal. He said the
original study found the downtown area did not qualify, and the only areas that did
qualify were the residential areas. Mr. Martony stated eminent domain is a real issue and
should be used for both residential and commercial properties. He noted it would be
® approximately twelve years before the City would see a return on its investment.
® Alise Griffin expressed concern with the lack of enthusiasm in promoting the workshops
and public hearings on the RDA.
Preston McElvy stated he is not opposed to the creation of an RDA he is opposed to
forming it at this time. He said if the City moves forward with an RDA, he is opposed to
eminent domain for private development. Mr. McElvy stated this is a poor way to spend
the City's money and the City should instead hire a Code Enforcement Officer.
Ed Valentine, Superintendent for San Luis Coastal Unified School District, stated
discussions of an RDA is a topic of mutual interest and the District should be a part of the
conversation and be allowed to provide input at a time prior to the ultimate decision of
the City Council.
Pamela Craig reviewed State Housing and Community Development regulations that
describe blighted areas. She said a feasibility plan must be adopted in order to receive
government funding. Ms. Craig stated once an RDA is adoptdd, the voters are not
allowed to vote and the City Council can do what they want.
Andy Hampp recommended Council review the eminent domain policy for residential
and commercial properties, and what are the scope and scale of the areas involved before
a decision is made. He also recommended placing this on the ballot and putting it to a
vote of the people.
is Jenny Brantlee expressed support for the activation of an RDA, and said it would be a
positive plan for the City. She said she understands that change can be a concern to
some, and the word "blight" may not be positive but it can be turned around into
something that would be an upgrade to a house or a neighborhood or commercial area.
r
Bill Todd expressed concern with the lack of communication and stated he would like
more information, especially on eminent domain.
Mayor Peters closed the public comment hearing.
Councilmember Smukler stated through his research he finds it is essential for an RDA to
be successful that there is full-scale public support from the beginning and that this is not
a process to be rushed. He said he feels the process is moving too quickly using the fiscal
year 2009/10 as the base year. Councilmember Smukler stated he would like to have
more informal discussions with the stakeholders, such as Cuesta College, the County of
San Luis Obispo, San Luis Coastal Unified School District and Dynegy Power Plant
before proceeding.
Councilmember Winholtz stated she agrees with Councilmember Smukler that more
homework should be done prior to any decision is made. She said if the City Council
moves forward with the RDA, they would commit to increasing assessed property values
4
® in the project areas. Councilmember Winholtz stated if Council is not willing to make
that commitment, then it is not a prudent idea to move forward at this time.
Councilmember Grantham stated he would not support an RDA that entails eminent
domain, except for the Power Plant property. He said he would prefer an RDA that
would exclude residential at this time because there is too much commercial property that
could be upgraded. Councilmember Grantham stated he would want to require a 4/5 vote
from any future Council to make any changes that are agreed upon by this Council.
Councilmember Borchard stated she was surprised that Urban Futures, Inc. did not find
more of the Downtown area would be suitable for the RDA. She said the RDA would
have a huge effect on how the schools would be funded because this is not a basic aide
district. Councilmember Borchard expressed concern about the staff hours that it would
take to work on the RDA that was not budgeted for and would come out of the City's
General Fund. She said she has questions on the value of the return over the 45-year
period and how that breaks down and what it would cost up front.
Mayor Peters stated the Power Plant and fishing industry are not bringing in as much
revenue as in the past, and tourism has dropped due to the economy. She said without the
residential areas, there might not be enough blight area in the City for an RDA. Mayor
Peters stated sometimes it could be an advantage to be in a blighted area due to the
redevelopment funds that are used for improvements. She said she is not in support of
eminent domain; she supports improvements and not removal of buildings.
® Councilmember Winholtz stated the City has sales and property taxes along with tourism
as revenue. She said she likes the character of the City as it is now.
Councilmember Smukler stated the future of discussing redevelopment again is
realistically one year off.
MOTION: Councilmember Winholtz moved the City Council table discussion on
activating the Morro Bay Redevelopment Agency and initiation of plans to
begin the formal Redevelopment Plan adoption process. The motion was
seconded by Councilmember Borchard and carried with Councilmember
Grantham and Mayor Peters voting no. (3-2)
Mayor Peters called for a break at 7:13 p.m.; the meeting resumed at 7:26 p.m.
® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — AUGUST 10, 2009
VETERANS MEMORIAL HALL — 7:26 P.M.
Mayor Peters called the meeting to order at 7:26 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
Steve Knuckles
Joe Woods
City Manager
City Attorney
City Clerk
Harbor Director
Public Services Director
Management Analyst
Police Chief
Fire Captain
Recreation & Parks Director
MAYOR AND COUNCIL MEMBERS REPORTS, ANNOUNCEMENTS &
is PRESENTATIONS
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.
11
PUBLIC COMMENT
Marilyn Glessman announced Dahlia Daze would be held on Saturday, August 15, 2009
at the Morro Bay Community Center.
Virginia Hiramatsu reported approximately $11,758.25 was raised at last weekend's
Relay for Life that was held at Morro Bay High School. She said more contributions
could be made until August 3 1 g that would go strictly for cancer research.
Marlise McPherson, Chair for the Winter Bird Festival addressed Item D-1
(Consideration of the City's Co -Sponsorship of Events) stating the City has been a co-
sponsor of the Winter Bird Festival for the past 13 years, and it has been a mutually
beneficial relationship. She said the Winter Bird Festival benefits the City by tourists
staying in the hotels, eating at the restaurants and shopping locally during the Martin
Luther King weekend. Ms. McPherson requested the City Council approve the
continuation of co-sponsorship of the Winter Bird Festival.
N.
® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — AUGUST 10, 2009
Maggie Higgins, Treasurer for the Winter Bird Festival, also addressed Item D-1 and said
they do not have much funding and have a very tight budget due to lower attendance at
this year's Bird Festival. She requested Council's support in co-sponsorship of this event.
Cathy Wells referred to the proposed conference center at 833 Embarcadero, which is to
go before the Coastal Commission in September or October. She encouraged people
write to the Coastal Commission in opposition to this conference center project.
Dan Andres, Principal of Morro Bay High School, requested Council's support on Item
A-5 (Approval of the San Luis Coastal Unified School District Request for City Public,
Education and Government Access Funds in Support of Educational Access
Programming/Video Production Curricular at Del Mar Elementary and Morro Bay High
Schools).
Bill Martony referred to the water lease site in front of the Whales Tail Restaurant, and
suggested keeping it a working waterfront, noting it would be a good location for docking
boats such as the Chablis or Lynx or working tugboats. He addressed the sanitation
standards in the Liveaboard Ordinance and said the City should consider inspecting more ®
than the liveaboard boats for sanitation purposes to clean up the bay.
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.
A -I APPROVAL OF MINUTES FOR THE SPECIAL CITY COUNCIL MEETING
OF JULY 13, 2009, AND THE REGULAR CITY COUNCIL MEETING OF
JULY 13, 2009; (ADMINISTRATION)
RECOMMENDATION: Approve as submitted.
A-2 APPROVAL OF THE SERVICE RETIREMENT INCENTIVE PROGRAM;
(ADMINISTRATIVE SERVICES)
RECOMMENDATION: Approve the Service Retirement Incentive Program.
® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — AUGUST 10, 2009
A-3 APPROVAL OF A LANDLORD'S ESTOPPEL ON LEASE SITE 122-
123/122W-123W, EXT. 122W-123W, LOCATED AT 1205 EMBARCADERO -
HARBOR HUT; (HARBOR)
RECOMMENDATION: Adopt Resolution No. 44-09.
A-4 ORDINANCE NO. 550 AMENDING TITLE 15 HARBOR AND OCEAN
REGULATIONS, CHAPTER 15.40 REGARDING VESSEL HABITATION;
SECOND READING/ADOPTION; (HARBOR)
RECOMMENDATION: Adopt Ordinance No. 550.
A-5 APPROVAL OF THE SAN LUIS COASTAL UNIFIED SCHOOL DISTRICT
REQUEST FOR CITY PUBLIC, EDUCATION AND GOVERNMENT
ACCESS FUNDS IN SUPPORT OF EDUCATIONAL ACCESS
PROGRAMMING/VIDEO PRODUCTION CURRICULAR AT DEL MAR
ELEMENTARY AND MORRO BAY HIGH SCHOOLS; (PUBLIC
is SERVICES)
11
RECOMMENDATION: Approve the San Luis Coastal Unified School District's
request for PEG access funds in support of educational access
programming/video production curricular at Del Mar Elementary and
Morro Bay High Schools; and, authorize the release of PEG access funds in
an amount. up to $54,579 to San Luis Coastal Unified School District on a
reimbursement basis based on actual costs incurred.
A-6 ENTERING INTO A MEMORANDUM OF UNDERSTANDING WITH SAN
LUIS OBISPO COUNTY FOR THE PREPARATION OF AN INTEGRATED
REGIONAL WATER MANAGEMENT PLAN; (PUBLIC SERVICES)
RECOMMENDATION: Authorize the Utilities/Capital Projects Manager to
enter into a MOU with San Luis Obispo County and to represent the City in
preparing the Integrated Regional Water Management Plan.
A-7 . STATUS REPORT ON APPLICATIONS FOR ECONOMIC STIMULUS
FUNDING; (ADMINISTRATION)
RECOMMENDATION: Receive report for information.
0
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING —AUGUST 10, 2009
A-8 APPROVAL OF SETTLEMENT AGREEMENT IN WALLICK V. CITY OF
MORRO BAY; (CITY ATTORNEY)
RECOMMENDATION: Approve the settlement agreement between the City and
Joseph Wallick.
A-9 ACCEPTANCE OF LETTER OF RESIGNATION FROM PLANNING
COMMISSIONER; (ADMINISTRATION)
RECOMMENDATION: Accept letter of resignation from Planning
Commissioner Bill Woodson.
A-10 AUTHORIZATION TO FILL THE ASSOCIATE PLANNER POSITION;
(PUBLIC SERVICES)
RECOMMENDATION: Authorize the hiring of the recently vacated position of
the Associate Planner.
® Councilmember Smukler pulled Item A4 from the Consent Calendar; Councilmember
Winholtz pulled Items A-5 and A-10; and Councilmember Grantham pulled Item A-9.
13
MOTION: Councilmember Grantham moved the City Council approve the Consent
Calendar with the exception of Items A4, A-5, A-9 and A-10. The
motion was seconded by Councilmember Winholtz and carried
unanimously. (5-0)
A4 ORDINANCE NO. 550 AMENDING TITLE 15 HARBOR AND OCEAN
REGULATIONS, CHAPTER 15.40 REGARDING VESSEL HABITATION;
SECOND READING/ADOPTION; (HARBOR)
Councilmember Smukler stated he would like to eventually include recreational boats in
the Liveaboard Inspection Program, and asked when that discussion may be considered.
Harbor Director Rick Algert responded the Harbor Advisory Board did not approve
expanding the Liveaboard Inspection Program that is presently before the City Council,
so that is probably a process issue that could be a future revision of this Ordinance to
broaden the inspection regulations of all vessels.
MOTION: Councilmember Grantham moved the City Council approve Item A-4 of
the Consent Calendar. The motion was seconded by Councilmember
Borchard and carried unanimously. (5-0)
0
® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — AUGUST 10, 2009
A-5 APPROVAL OF THE SAN LUIS COASTAL UNIFIED SCHOOL DISTRICT
REQUEST FOR CITY PUBLIC, EDUCATION AND GOVERNMENT (PEG)
ACCESS FUNDS IN SUPPORT OF EDUCATIONAL ACCESS
PROGRAMMING/VIDEO PRODUCTION CURRICULAR AT DEL MAR
ELEMENTARY AND MORRO BAY HIGH SCHOOLS; (PUBLIC
SERVICES)
Councilmember Winholtz requested staff clarification on the PEG access funds for Council
information. Management Analyst Janeen Burlingame reviewed the funding program.
MOTION: Councilmember Winholtz moved the City Council approve Item A-5 of
the Consent Calendar. The motion was seconded by Councilmember
Borchard and carried unanimously. (5-0)
A-9 ACCEPTANCE OF LETTER OF RESIGNATION FROM PLANNING
COMMISSIONER; (ADMINISTRATION)
is Councilmember Grantham thanked Bill Woodson for his service to the City.
MOTION: Councilmember Borchard moved the City Council approve Item A-9 of
the Consent Calendar, and direct staff to fill the position to the end of this
term. The motion was seconded by Mayor Peters.
Councilmember Smukler requested to include the Recreation & Parks Commission
position if it is longer than a four -month term; Councilmember Borchard and Mayor
Peters included this amendment in their motion.
VOTE: The motion carried unanimously. (5-0)
A-10 AUTHORIZATION TO FILL THE ASSOCIATE PLANNER POSITION;
(PUBLIC SERVICES)
Councilmember Winholtz stated she would vote in opposition to filling this position because
it is not ajustifiable expense.
Councilmember Smukler stated this is why he is interested in future discussion of two -tiered
benefits.
MOTION: Councilmember Borchard moved the City Council approve Item A-10 of
the Consent Calendar. The motion was seconded by Councilmember
Grantham and carried with Councilmember Winholtz voting no. (4-1)
10
® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING —AUGUST 10, 2009
Mayor Peters called for a break at 8:29 p.m.; the meeting resumed at 8:35 p.m.
B. PUBLIC HEARINGS REPORTS & APPEARANCES
B-1 INTRODUCTION OF ORDINANCE NO. 551 TO AMEND THE MORRO BAY
MUNICIPAL CODE CHAPTER 10.54 TO INCLUDE A NEW SECTION
10.54.065 REQUIRING ANY PERSON RIDING A PERMITTED COASTING
DEVICE AT THE MORRO BAY SKATE PARK TO WEAR A HELMET,
ELBOW PADS, AND KNEE PADS; (RECREATION '& PARKS)
Recreation & Parks Director Joe Woods stated it is the City's intent to relocate the Skate
Park from the current location at Coleman Park to the Teen Center and to operate as an
unsupervised park. As an incorporated City, Morro Bay is mandated to adhere to
California Health and Safety Code, Section 115800, which prohibits any operator of a
skateboard park to permit any person to ride a skateboard in its skate park, unless that
person is wearing a helmet, elbow pads, and knee pads. The code allows cities operating
® unsupervised facilities to comply with its obligation to enforce the helmet, elbow pads,
and knee pads requirements by adopting an ordinance requiring the use of such safety
equipment and posting signage advising users of the safety requirements. Mr. Woods
recommended the City Council approve for first reading and introduction Ordinance No.
551 to amend the Morro Bay Municipal Code Chapter 10.54 to include Section 10.54.065
requiring any person riding a permitted coasting device at Morro Bay Skate Park to wear
a helmet, elbow pads and knee pads.
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 approve for first
reading and introduction Ordinance No. 551 to amend the Morro Bay
Municipal Code Chapter 10.54 to include Section 10.54.065 requiring any
person riding a permitted coasting device at Morro Bay Skate Park to wear
a helmet, elbow pads and knee pads. The motion was seconded by
Councilmember Winholtz and carried unanimously. (5-0)
City Manager Andrea Lueker read Ordinance No. 551 by number and title only.
LI
11
® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — AUGUST 10, 2009
C. UNFINISHED BUSINESS
CA STATUS REPORT ON APPEAL FEES; (PUBLIC SERVICES)
Public Services Director Bruce Ambo stated the City Council lowered the appeal fees to a
set amount of $250.00 in October 2007. Prior to that, the Council established a policy
where the appeal fee would be returned to the appellant if they were successful in
reversing the decision and the decision was upheld by the City Council. The last update
on appeal fees was provided to the Council on April 14, 2008, and Council directed that
another annual update be provided. Mr. Ambo recommended the City Council receive
this report for information.
MOTION: ' Councilmember Winholtz moved the City Council receive this report for
information and file, and no further reports are necessary. The motion was
seconded by Councilmember Borchard and carried unanimously. (5-0)
C-2 PRESENTATION ON IMPLEMENTATION ON GOALS A&B FROM THE
MANAGEMENT PARTNERS GOAL SETTING WORKSHOP;
® (ADMINISTRATION)
City Manager Andrea Lueker stated during the Goal Setting Workshop held in February,
staff and the City Council discussed the items the City Council indicated they were
interested in exploring in the "What Success Looks Like" section of the Goal Outcomes
document. During the workshop, staff indicated any research or information provided
would be completed following the 2009/10-budget adoption. At that time, the City
Council asked staff to come back with time lines for completion of the tasks. The time
lines were based on the parameters established by the City Council at the Goal Setting
Workshop, divided into short-term, medium -term, long-term and on -going time lines. In
late April, staff provided to the City Council a document entitled "Goal Setting
Workshop Outcomes for 2009" that outlined details to accomplish the "What Success
Looks Like" section as well as proposed time lines for completion. In the document
"Goal Setting Workshop Outcomes for 2009" staff identified tasks as "Goal A: Develop
and Maintain a Structurally Sustainable Budget" and "Goal B: Reduce Overall
Administrative Costs." Ms. Lueker recommended the City Council review Goals A and
B as well as the "What Success Looks Like" and "Timeline" sections from the "Goal
Setting Workshop Outcomes for 2009" document, and provide further direction to staff.
Councilmember Borchard stated she would like to evaluate the Harbor Department closer
with the Fire Department and perhaps see if they could work together. She said she
would also like to consider maintaining an in-house or out -sourcing the IT Department.
12
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — AUGUST 10, 2009
Councilmember Smukler agreed with the adjustments with the Harbor Department
working closer with the Fire Department. He said the maintenance consolidation should
be a top priority because of the influence it would have on the other departments.
Councilmember Smukler stated he would hope the City would address items that give the
best options for finding potential savings by the mid -year or the end of the year.
Councilmember Grantham stated the Fire and Harbor Departments are potentially bigger
savings but will take more staff time, and the Recreation and Parks Department would
take less staff time; he said he could go either way.
Councilmember Winholtz referred to the moving of the Fire and Harbor Departments,
and thought perhaps staff should have flexibility with that decision. She. expressed
concern with the type of assessment that is being done, and thought Goal B wasreducing
administrative costs by restructuring (eliminating positions, combining departments, etc.)
Mayor Peters stated the Police and Fire Departments are with minimal staff; in fact they
need more staff. She suggested placing maintenance consolidation as a priority, then the
® consolidation of Harbor and Fire Departments.
MOTION: Councilmember Borchard moved the City Council approve Goals A and B
along with the "Timeline" section from the "Goal Setting Workshop
Outcomes for 2009" document, as amended by the City Council. The
motion was seconded by Councilmember Grantham and carried
unanimously. (5-0)
D. NEW BUSINESS
D-I CONSIDERATION OF THE CITY'S CO-SPONSORSHIP OF EVENTS;
(RECREATION & PARKS)
Mayor Peters stepped down from the City Council due to a conflict of interest.
Recreation and Parks Director Joe Woods stated in the mid-1990's, the City Manager
approved the co-sponsorship of three events held in City facilities. Those events included
the Morro Bay Winter Bird Festival, the Morro Bay Jazz Festival and the Teach
Foundation Telethon Fundraiser. The co-sponsorship conditions varied from event to
event. This practice was changed in mid-2000 with the City no longer able to extend
their liability coverage. The initial thought with co-sponsorship was to help start annual
events and attract visitors to Morro Bay during the slower months of the year. There has
been success with the Morro Bay Winter Bird Festival as the event attracts visitors from
® out of the area, during the winter months, and for multiple nights stays. Currently, the
13
® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — AUGUST 10, 2009
Winter Bird Festival and the Teach Foundation Telethon Fundraiser are the only two
events that continue to be co -sponsored by the City. In recent months the City has
received two additional requests for co-sponsorship of events including the Dahlia Daze
event, which was not approved by the City Council, and the Morro Bay Photo Expo. In
consideration of the May 2008 Management Partners Report, the February 2009 Goal
Setting Workshop and based on the current economic conditions, City staff felt it
important to bring forward the existing co -sponsorships for discussion. Staff is asking
Council to make a determination on the continuation and the possibility of co -sponsoring
additional events, which will include a subsidy from the City. Mr. Woods recommended
the City Council discuss this issue and direct staff accordingly.
Councilmember Grantham stated he would like Council to direct the Recreation & Parks
Commission to write some guidelines for co-sponsorship of events. He said he would
like to leave things status quo until this is done.
Councilmember Borchard agreed with Councilmember Grantham to direct this issue to
the Recreation & Parks Commission for their review, and that the fees stay intact through
® this upcoming year's events. She addressed maintaining equitable fees for the various
events held in the City.
ll
Councilmember Smukler stated he is supportive of proceeding with co-sponsorship of
these events for the year due to the benefits they bring to the City. He said he would like
the Recreation & Parks Commission to look at the future and be sure the City has a
policy that is fair across the board for all groups that may apply for co-sponsorship with
the City.
Councilmember Winholtz suggested the Recreation & Parks Commission consider issues
such as: 1) is it a first time program; 2) the number of days of the event; 3) is it a local
event; 4) is it a profit or non-profit event. She said she might want the Commission to
also look at percentages as well.
MOTION: Councilmember Borchard moved the City Council direct the Recreation &
Parks Commission to review the City's Co -Sponsorship of Events and
return to Council with a recommendation by October. The motion was
seconded by Councilmembei Grantham and carried with Mayor Peters
abstaining. (4-0-1)
14
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — AUGUST 10, 2009
D-2 DESIGNATION OF VOTING DELEGATE AND ALTERNATE VOTING
DELEGATE AT LEAGUE OF CALIFORNIA CITIES 2009 ANNUAL
CONFERENCE BUSINESS MEETING; (ADMINISTRATION)
MOTION: Mayor Peters moved the City Council appoint Councilmember Winholtz
to serve as the City's voting delegate, and appoint Councilmember
Grantham to serve as alternate voting delegate at the 2009 League of
California Cities Annual Conference Business Meeting. The motion was
seconded by Councilmember Borchard and carried unanimously. (5-0)
E. DECLARATION OF FUTURE AGENDA ITEMS
Councilmember Winholtz requested to agendize a discussion on the State Water
Resources Control Board Once Through Cooling Statewide Policy at the August 24, 2009
City Council meeting; Council concurred.
Councilmember Winholtz requested to agendize the status on State Park closures as a
pending agenda item; Council concurred.
ADJOURNMENT
The meeting adjourned at 9:38 p.m.
(Recorded by:
Bridgett Bauer
City Clerk
11
15
® 0 City of Morro Bay
Morro Bay, CA 93442
�7 (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, July 21, 2009 at
10:00 a.m. to be held in the City Hall Conference Room located at 595
Harbor Street, Morro Bay, California. The City Council will be considering
the following matters:
CS-1 GOVERNMENT CODE SECTION 54956.9(C): CONFERENCE WITH
LEGAL COUNSEL DUE TO ANTICrPATED 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 Y. Hayashi & Sons Farms
Issue: Determining whether to file litigation for nitrate contamination in
groundwater.
CS-2 GOVERNMENT CODE SECTION 54956.9(B): CONFERENCE WITH
LEGAL COUNSEL DUE TO SIGNIFICANT EXPOSURE TO
LITIGATION. Initiation of litigation exists based upon existing facts and the
advice of legal counsel as to one (1) matter.
• Parties: Chorro Property Owners and City of Morro Bay
Issue: Providing water outside of City limits
CS-3 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.
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.
NOTICE OF SPECIAL MEETING
NOTICE IS HEREBY GIVEN that the Morro Bay City Council will
be holding a Special Meeting on Monday, July 13, 2009 at 5:00 mm. to be
held at the Veterans' Memorial Building, 209 Surf Street, Morro Bay,
California.
The City Council will be conducting interviews to fill vacancies on
the Tourism Business Improvement District Advisory Board, Community
Promotions Committee, and Recreation & Parks Commission.
® The City Council will adjourn to its regular meeting_ beginning at 6:00 p.m.
IN COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT, IF
YOU NEED SPECIAL ASSISTANCE TO PARTICIPATE IN A CITY MEETING,
PLEASE CONTACT THE CITY CLERK'S OFFICE AT LEAST 24 HOURS
PRIOR TO THE MEETING TO INSURE THAT REASONABLE
ARRANGEMENTS CAN BE MADE TO PROVIDE ACCESSIBILITY TO THE
MEETING.
DATED: July 9, 2009
Bridgett ueq City Clerk
® MORRO BAY CITY COUNCIL
SPECIAL MEETING — JULY 13, 2009
VETERANS MEMORIAL HALL - 5:00 P.M.
Mayor Peters called the meeting to order at 5:00 p.m
PRESENT: Janice Peters
Mayor
Carla Borchard
Councilmember
Rick Grantham
Councilmember
Noah Smukler
Councilmember
Betty Winholtz
Councilmember
STAFF: Andrea Lueker
City Manager
ESTABLISH QUORUM AND CALL MEETING TO ORDER
INTERVIEW OF APPLICANTS FOR THE CITY'S TOURISM BUSINESS
IMPROVEMENT DISTRICT ADVISORY BOARD, COMMUNITY PROMOTIONS
COMMITTEE, AND RECREATION & PARKS COMMISSION
The City Council conducted interviews to fill the following vacancies on the Tourism
Business Improvement District Advisory Board, Community Promotions Committee, and
Recreation & Parks Commission.
40 Tourism Business Improvement District Advisory Board — one member representing
hotels with less than 22 rooms with a term ending 1/31/12; and one as a member -at -large
with a term ending 1/31/11.
The City Council interviewed the following people for the Tourism Business
Improvement District Advisory Board vacancies: Garry Johnson, Ani Lyne, Nick
Mendoza, and Valerie Seymour.
The City Council voted by ballot and appointed Valerie Seymour representing hotels with
less than 22 rooms with a term ending 1/31/12; and appointed Nick Mendoza to serve as
member -at -large with a term ending 1/31/11.
Community Promotions Committee - one 1'/2-year term ending 1/31/11
(Motel/Restaurant Representative).
The City Council interviewed the following people for the Community Promotions
Committee vacancy: Liz Bednorz, Jenny Brantlee, and Laurie Wiesneth.
The City Council voted by ballot and appointed Liz Bednorz to serve as the
Motel/Restaurant Representative with a term ending 1/31/11.
Recreation & Parks Commission — one %2-year term ending 1/31/10; and two 3-year terms
to ending 1/31/13.
The City Council interviewed the following people for the Recreation & Parks
Commission vacancies: Siobhan O'Toole and Drew Sidaris.
The City Council voted by ballot and appointed Siobhan O'Toole and Drew Sidaris to
serve the two 3-year terms ending 1/31/13.
The City Council decided to leave the one %2-year term vacant until they hold interviews
in January 2010.
The meeting adjourned to the regular City Council 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 — JULY 13, 2009
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.
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 THE MINUTES OF THE SPECIAL CITY COUNCIL
MEETING OF JULY 29, 2009; (ADMINISTRATION)
RECOMMENDATION: Approve as submitted.
A-2 RESOLUTION NO. 40-09 AUTHORIZING THE ISSUANCE OF CREDIT
CARDS THROUGH RABOBANK
RECOMMENDATION: Adopt Resolution No. 40-09.
A-3 RESOLUTION NO. 42-09 ESTABLISHING THE ANNUAL PROPOSITION 4
APPROPRIATIONS LIMIT FOR THE FISCAL YEAR 2009/10
Is RECOMMENDATION: Adopt Resolution No. 42-09.
A4 AUTHORIZATION TO ENTER INTO A FINANCIAL ASSISTANCE
AGREEMENT WITH THE STATE WATER RESOURCES CONTROL
BOARD FOR PHASE I CONSTRUCTION OF A LOW IMPACT
DEVELOPMENT BOAT REPAIR YARD AND DESIGNATION OF A
REPRESENTATIVE TO SIGN THE FINANCIAL ASSISTANCE
AGREEMENT, AND ANY AMENDMENTS THERETO
RECOMMENDATION: Adopt Resolution No. 43-09.
A-5 ADOPTION OF RESOLUTION NO. 39-09 CONSENTING TO THE
RESTRUCTURING OF CHARTER COMMUNICATIONS
RECOMMENDATION: Adopt Resolution No. 39-09.
A-6 REQUEST TO USE PARK IN -LIEU FUNDS FOR THE ENHANCEMENT OF
MARINER PARK AND CENTENNIAL PARKWAY
RECOMMENDATION: Approve the use of up to $50,000 of Park -in -lieu funds
for the enhancement of Mariner Park and Centennial Parkway.
2
® A-7 RESOLUTION NO. 41-09 AUTHORIZING THE CITY TO PARTICIPATE IN
THE CALIFORNIA ENERGY COMMISSION'S ENERGY PARTNERSHIP
PROGRAM
RECOMMENDATION: Adopt Resolution No. 41-09.
A-8 PROCLAMATION DECLARING JULY AS "RECREATION & PARKS
MONTH"
RECOMMENDATION: Adopt Proclamation.
A-9 PROCLAMATION DECLARING AUGUST 2009 AS "MONTH OF THE
DAHLIA"
RECOMMENDATION: Adopt Proclamation.
B. PUBLIC HEARINGS. REPORTS & APPEARANCES
B-1 APPEAL OF PLANNING COMMISSION APPROVAL OF CONDITIONAL
USE PERMIT FOR A SECOND STORY ADDITION TO A SINGLE FAMILY
RESIDENCE LOCATED AT 560 BERNARDO AVENUE TO TOTAL OVER
2,500 SQUARE FEET
Is the
Affirm the Planning Commission decision to approve
the Conditional Use Permit subject to conditions.
El
B-2 ADOPTION OF ORDINANCE NO. 550 AMENDING TITLE 15 HARBOR
AND OCEAN REGULATIONS, CHAPTER 15.40 REGARDING VESSEL
HABITATION: INTRODUCTION AND FIRST READING
RECOMMENDATION: Hold a public hearing, and approve the introduction
and first reading of Ordinance No. 550 by number and title only.
B-3 CONSIDERATION OF ACTIVATING THE MORRO BAY
REDEVELOPMENT AGENCY AND INITIATION OF PLANS TO BEGIN
THE FORMAL REDEVELOPMENT PLAN ADOPTION PROCESS
RECOMMENDATION: Activate the Morro Bay Redevelopment Agency, begin
the Redevelopment Plan Adoption process, and allocate a total of $210,000
for the expenses in forming the Agency.
3
® C. UNFINISHED BUSINESS
C-I PRESENTATION ON IMPLEMENTATION ON GOALS A & B FROM THE
MANAGEMENT PARTNERS GOAL SETTING WORKSHOP;
(ADMINISTRATION)
RECOMMENDATION: Review Goals A and B from the Goal Setting
Workshop, and direct staff accordingly.
D. NEW BUSINESS
D-1 STATUS REPORT ON WATERFRONT DEVELOPMENT FEES; (HARBOR)
RECOMMENDATION: Receive report for information, or provide further
direction to staff on the permit fee on waterfront projects.
E. DECLARATION OF FUTURE AGENDA ITEMS
F. ADJOURNMENT
THIS AGENDA IS SUBJECT TO AMENDMENT UP TO 72 HOURS PRIOR TO
THE DATE AND TIME SET FOR THE MEETING. PLEASE REFER TO THE
® AGENDA POSTED AT CITY HALL FOR ANY REVISIONS OR CALL THE
CLERK'S OFFICE AT 772-6200 FOR FURTHER INFORMATION.
n
L-A
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.
rd
® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — JULY 13, 2009
VETERANS MEMORIAL HALL - 6:00 P.M.
Mayor Peters called the meeting to order at 6:00 p.m
PRESENT: Janice Peters
Mayor
Carla Borchard
Councilmember
Rick Grantham
Councilmember
Noah Smukler
Councilmember
Betty Winholtz
Councilmember
STAFF: Andrea Lueker
City Manager
Bridgett Bauer
City Clerk
Rick Algert
Harbor Director
Bruce Ambo
Public Services Director
John DeRohan
Police Chief
Aileen Nygaard
Associate Planner
Mike Pond
Fire Chief
Christine Rogers
Housing Programs Coordinator
Susan Slayton
Administrative Services Director
Joe Woods
Recreation & Parks Director
® ESTABLISH QUORUM AND CALL TO ORDER
MOMENT OF SILENCE
PLEDGE OF ALLEGIANCE
MAYOR AND COUNCIL MEMBERS REPORTS, ANNOUNCEMENTS &
PRESENTATIONS
CLOSED SESSION REPORT — there was no Closed Session Meeting.
PUBLIC COMMENT
Gary Hixson referred to an article in the New Times regarding proposed plans for the
Dynegy Power Plant property. He also suggested holding next year's fireworks at El
Chorro Regional Park. Mr. Hixson gave a pitch for Charter Cable Channel 2.
Avery Henderson referred to the laser light show and encouraged the return of a firework
display in Morro Bay next year.
James Henry stated he was disappointed there were no fireworks this year in Morro Bay,
and he and his guests went to Cayucos to enjoy their fireworks. He also shared negative
comments made that he found on the Internet regarding the laser light show held on the
4's of July.
® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — JULY 13, 2009
Dorothy Cutter stated she was not able to see the laser light show from her usual spot
where she is usually able to see the fireworks, and she hopes the fireworks are back next
year. She referred to Item C-1 (Presentation on Implementation on Goals A & B from
the Management Partners Goal Setting Workshop) and recommended the City Council
look at the Harbor Department before considering long-range strategies.
Phil Hill discussed various issues with waterfront lease sites.
Bill Martony stated he had planned to maintain his lease site as a mariculture use, which
is allowed in this zoned area.
Samantha Rocky stated she is from Fresno and her family spends most of the summer in
Morro Bay. She said they found an increase in black flies on the beach this summer and
the beach should be groomed. She also expressed concern that kites cannot be flown on
the beach due to the snowy plovers.
John Barta remembered Charlie Palmer and the facts he brouet to the City regarding
water. He also suggested that fireworks are brought back next 4 of July.
® 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.
A-1 APPROVAL OF THE MINUTES OF THE SPECIAL CITY COUNCIL
MEETING OF JULY 29, 2009; (ADMINISTRATION)
RECOMMENDATION: Approve as submitted.
A-2 RESOLUTION NO. 40-09 AUTHORIZING THE ISSUANCE OF CREDIT
CARDS THROUGH RABOBANK
RECOMMENDATION: Adopt Resolution No. 40-09.
A-3 RESOLUTION NO. 42-09 ESTABLISHING THE ANNUAL PROPOSITION
APPROPRIATIONS LIMIT FOR THE FISCAL YEAR 2009/10
RECOMMENDATION: Adopt Resolution No. 42-09.
11
® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — JULY 13, 2009
A4 AUTHORIZATION TO ENTER INTO A FINANCIAL ASSISTANCE
AGREEMENT WITH THE STATE WATER RESOURCES CONTROL
BOARD FOR PHASE I CONSTRUCTION OF A LOW IMPACT
DEVELOPMENT BOAT REPAIR YARD AND DESIGNATION OF A
REPRESENTATIVE TO SIGN THE FINANCIAL ASSISTANCE
AGREEMENT, AND ANY AMENDMENTS THERETO
RECOMMENDATION: Adopt Resolution No. 43-09.
A-5 ADOPTION OF RESOLUTION NO. 39-09 CONSENTING TO THE
RESTRUCTURING OF CHARTER COMMUNICATIONS
RECOMMENDATION: Adopt Resolution No. 39-09.
A-6 REQUEST TO USE PARK IN -LIEU FUNDS FOR THE ENHANCEMENT OF
MARINER PARK AND CENTENNIAL PARKWAY
® RECOMMENDATION: Approve the use of up to $50,000 of Park -in -lieu funds
for the enhancement of Mariner Park and Centennial Parkway.
A-7 RESOLUTION NO. 41-09 AUTHORIZING THE CITY TO PARTICIPATE IN
THE CALIFORNIA ENERGY COMMISSIONS ENERGY PARTNERSHIP
PROGRAM
RECOMMENDATION: Adopt Resolution No. 41-09.
A-8 PROCLAMATION DECLARING JULY AS "RECREATION & PARKS
MONTH"
RECOMMENDATION: Adopt Proclamation.
A-9 PROCLAMATION DECLARING AUGUST 2009 AS "MONTH OF THE
DAHLIA"
RECOMMENDATION: Adopt Proclamation.
Councilmember Winholtz pulled Items A-3 and A4 from the Consent Calendar;
Councilmember Smukler pulled Items A-6 and A-7.
MOTION: Councilmember Grantham moved the City Council approve Items A-1, A-2,
O A-5, A-8 and A-9 of the Consent Calendar. The motion was seconded by
Councilmember Winholtz and carried unanimously. (5-0)
3
® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — JULY 13, 2009
A-3 RESOLUTION NO. 42-09 ESTABLISHING THE ANNUAL PROPOSITION 4
APPROPRIATIONS LIMIT FOR THE FISCAL YEAR 2009/10
Councilmember Winholtz stated she was going to be voting in opposition to this
Resolution because we use the County's numbers instead of the City's numbers.
MOTION: Councilmember Grantham moved the City Council approve Item A-3 of
the Consent Calendar. The motion was seconded by Mayor Peters and
carried with Councilmember Winholtz voting no. (4-1)
A-4 AUTHORIZATION TO ENTER INTO A FINANCIAL ASSISTANCE
AGREEMENT WITH THE STATE WATER RESOURCES CONTROL
BOARD FOR PHASE I CONSTRUCTION OF A LOW IMPACT
DEVELOPMENT BOAT REPAIR YARD AND DESIGNATION OF A
REPRESENTATIVE TO SIGN THE FINANCIAL ASSISTANCE
AGREEMENT, AND ANY AMENDMENTS THERETO
is Councilmember Winholtz requested staff clarification on where the City is in the process of
this project. Harbor Director Rick Algert reviewed the process and future timeframe of the
Low Impact Development Boat Repair Yard.
MOTION: Councilmember Winholtz moved the City Council approve Item A4 of
the Consent Calendar. The motion was seconded by Councilmember
Grantham and carried unanimously. (5-0)
A-6 REQUEST TO USE PARK IN -LIEU FUNDS FOR THE ENHANCEMENT OF
MARINER PARK AND CENTENNIAL PARKWAY
Councilmember Smukler requested staff clarification on the $5,000 expense to replace
the site trash receptacle with a solar powered trash compactor. Recreation & Parks
Director Joe Woods explained the solar powered trash compactor is a double unit that
handles twice the amount of trash, will last twice as long, along with other beneficial
amenities.
Councilmember Winholtz stated the gangways at Mariner Park should be paid out of
Harbor fees instead of Recreation & Parks fees.
MOTION: Councilmember Winholtz moved the City Council approve Item A-6 of
the Consent Calendar. The motion was seconded by Councilmember
® Grantham and carried unanimously. (5-0)
0
® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — JULY 13. 2009
A-7 RESOLUTION NO. 41-09 AUTHORIZING THE CITY TO PARTICIPATE IN
THE CALIFORNIA ENERGY COMMISSIONS ENERGY PARTNERSHIP
PROGRAM
Councilmember Smukler requested the City inquire on the merging of AB 811 in with the
Energy Commission's program.
Councilmember Winholtz recommended amending the Resolution as follows:
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro
Bay, California, that the City of Morro Bay may seek funding, if necessary, to
implement, Of feasible,....
BE IT FURTHER RESOLVED, that the AlayeF City Manager of the City of Morro Bay,
California ...
MOTION: Councilmember Winholtz moved the City Council approve Item A-7 of
® the Consent Calendar as amended by the City Council. The motion was
seconded by Councilmember Smukler and carried unanimously. (5-0)
Mayor Peters called for a break at 6:50 p.m.; the meeting resumed at 7:00 p.m.
B. PUBLIC HEARINGS. REPORTS & APPEARANCES
B-1 APPEAL OF PLANNING COMMISSION APPROVAL OF CONDITIONAL
USE PERMIT FOR A SECOND STORY ADDITION TO A SINGLE FAMILY
RESIDENCE LOCATED AT 560 BERNARDO AVENUE TO TOTAL OVER
2,500 SQUARE FEET
Associate Planner Aileen Nygaard stated on May 4, 2009, the Planning Commission
reviewed and approved a Conditional Use Permit for an addition to a single family
residence that would allow a residential structure in excess of 2,500 square feet with a
condition to redesign the north/south ridgeline to have a hip roof in order to improve the
view corridor at the second story level. A parking exception to allow a tandem garage
was also approved. The appellant proposes an appeal based upon the impact of the bulk
of the structure on the neighborhood and the impact on neighbors' views due to its size.
The applicant proposes an alternative proposal to reduce the size of the second story and
overall house size to less than 2,500 square feet, and -to reorient the roof ridgeline in order
to create view corridors. Ms. Nygaard recommended the City Council consider the
appeal for the Conditional Use Permit by adding conditions to address the appellants
® requests
C
® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — 7ULY 13, 2009
Gypsy Rose, appellant, stated she and Theda Hammond live directly behind the residence
that is proposing a second story addition, and they would be one of those most adversely
affected by the size of this project. Citing one of the principles of the City's Local
Coastal Plan, she believes "large single-family dwellings could substantially reduce the
overall amount of open space in the neighborhood and have a significant detrimental
impact on adjacent neighbors' access to light, air, and privacy". Ms. Rose stated their
grounds for the appeal are: 1) the proposed project exceeds the single-family dwelling
size of 2,500 square feet. It dominates and towers over neighboring properties on that
side of the block. It is not compatible with adjacent structures and it is out of scale with
the community; and 2) the proposed roofline covers the width of the lot. The second story
infringes on other residential views. The north -south orientation of the rear roofline
substantially reduces aesthetically pleasing views. It obstructs view corridors and
degrades scenic views of ocean and coastline and consequently impacts property values
of neighboring homes. Ms. Rose stated their requested relief of action is: 1) redesign the
proposed project to conform to single-family dwelling size of 2,500 square foot
maximum by reducing the size and scale of the second story with setbacks or roofline
reorientation; and 2) redesign the proposed rear roofline by reorientation or second story
® setbacks to preserve view corridors and reduce view obstruction of neighboring homes.
Steve Staley, applicant, stated property owners have the right to improve their property
while following the guidelines and codes of the City. He outlined the Planning
Commission's review and decision on approving the Conditional Use Permit for this
second story addition. Mr. Staley stated he purchased this home eight years ago with the
intention of adding a second story for retirement and becoming a full-time resident.
Mayor Peters opened the hearing for public comment.
Don Doubledee, architect for applicant, reviewed several issues within the staff report,
and with the City process that he found to be incorrect. He said the proposed addition has
been redesigned and will not greatly affect the appellants' view.
Dorothy Cutter stated the City Council adopted the 2,500 square foot floor -area -ratio
(FAR) maximum building requirements two years ago. She said the City Council should
direct the Planning Commission to come up with zoning regulations that include the far
requirements.
Sandy Owen shared a PowerPoint presentation on information gathered on the proposed
addition. She requested the City Council direct the architect to redesign the addition to
meet the 2,500 square foot maximum standard and second -story setbacks, and design the
® roofline so it will articulate east and west.
3
® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — JULY 13, 2009
Tom Keland expressed opposition to the proposed project stating this second story
addition would be larger than his house.
Joy Chambers stated she once considered adding a second story to a neighboring home
on Bernardo Street, and decided to not block a neighboring view. She said view shed is
not a property owner's right.
John Barta stated there are no private property view corridors; the only view corridors are
at street ends.
Mayor Peters closed the public comment hearing.
Councilmember Grantham stated he is not a proponent of FAR because many of the lots
in the City are too small, and property taxes stay stagnant, which is one of the large
contributions to the City's General Fund. He said personal property rights are important
to him, and people that play by the rules and work hard should be able to expand in order
to make room for their family. Councilmember Grantham stated he supports approval of
is this project with conditions as stated in staff report.
Mayor Peters stated the purpose of FAR is for bulk, scale and neighborhood
compatibility issues, which would improve property values. She said the City's amended
zoning ordinance is still awaiting the approval of the Coastal Commission.
Councilmember Winholtz stated the protection of character and compatibility of
neighborhoods are documented in the City's General Plan and Local Coastal Plan. She
said the neighbors are not requesting to eliminate the second story, but are requesting a
reduction in size, which are a compromise and a fair issue. Councilmember Winholtz
stated she appreciates that the roofline has been adjusted; she would like the square
footage to be reduced to 2,500 square feet; and, there may be an issue with the tandem
parking.
Councilmember Smukler stated he supports maintaining the 2,500 square feet. He
discussed the tandem parking space concept as being used as a workshop area and not
being used as parking area.
Councilmember Borchard stated she agreed with Councilmember Grantham's comments
regarding property rights. She said she appreciates the change in the roofline; however,
she also supports the Planning Commission's approval of this project. Councilmember
Borchard stated there are second -story additions all around this area.
7
® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — JULY 13, 2009
MOTION: Councilmember Winholtz moved the City Council uphold the appeal with
the condition to remove 135 square feet from the second floor of the
proposed addition to the single-family residence located at 560 Bernardo
Avenue. The motion was seconded by Mayor Peters and carried with
Councilmember Borchard and Councilmember Grantham voting no. (3-2)
B-2 ADOPTION OF ORDINANCE NO. 550 AMENDING TITLE 15 HARBOR
AND OCEAN REGULATIONS, CHAPTER 15.40 REGARDING VESSEL
HABITATION; INTRODUCTION AND FIRST READING
Harbor Director Rick Algert stated in 1993, the City Council adopted comprehensive
regulations regarding vessel habitation in the harbor known as the Liveaboard Ordinance.
In June 2008, the Harbor Advisory Board heard a status report on enforcement of the
Ordinance and requested a more detailed review of the Ordinance. In October 2008, the
Harbor Advisory Board formed a subcommittee to review the existing Liveaboard
Ordinance who met and proposed a revised Ordinance to the Harbor Advisory Board at
their April 2009 meeting. Mr. Algert stated the Harbor Advisory Board recommends the
City Council approve the proposed revisions to Chapter 15.40 Vessel Habitation by
®
approving the first reading and introduction of Ordinance No. 550.
Mayor Peters opened the hearing for public comment.
Bill Mattony stated there have been past violations of pollution in the bay by some
liveaboards. He said he supports this Ordinance, and recommended the Harbor Patrol
monitor the water quality in the bay.
Mayor Peters closed the public comment hearing.
Councilmember Winholtz requested the following amendments to Ordinance No. 550: 1)
page I (remove ad -hoc from paragraphs 3 and 4; and, 2) page 6 - Section 15.40.090 USE
OF PUMPOUT FACILITIES:
sanitation f6eilifies permittees shall use pumpout facilities on a regular basis or otherwise
discharge greywater, human waste and sewage in a legal manner.
MOTION: Councilmember Grantham moved the City Council approve as amended
by the City Council, the first reading and introduction of Ordinance No.
550 - Title 15, Harbor and Ocean Regulations, Chapter 15.40 regarding
Vessel Habitation. The motion was seconded by Councilmember Borchard
and carried unanimously. (5-0)
® City Manager Andrea Lueker read Ordinance No. 550 by number and title only.
® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — JULY 13, 2009
Mayor Peters called for a break at 8:45 p.m.; the meeting resumed at 8:56 p.m.
B-3 CONSIDERATION OF ACTIVATING THE MORRO BAY
REDEVELOPMENT AGENCY AND INITIATION OF PLANS TO BEGIN
THE FORMAL REDEVELOPMENT PLAN ADOPTION PROCESS
Public Services Director Bruce Ambo stated at the June 22, 2009 City Council meeting,
staff was directed to return to Council for further consideration of the operational
expenses in forming and implementing the Redevelopment Agency, potential
Redevelopment Plan components and Agency activities, opportunities for community
involvement and potential project area boundaries. It is recommended the City Council
activate the Morro Bay Redevelopment Agency, begin the Redevelopment Plan Adoption
process, and allocate an estimated total of $210,000 for the expenses in forming the
Agency out of a combination of funding sources including the CDBG Loan Repayment
Fund, Affordable Housing In -Lieu Fund, and an interest -bearing loan from the Risk
Management Fund. In order to be successful, the City Council will need to focus on
increasing the assessed property values in the project area and growing the tax increment
for further redevelopment projects that stimulate investment within the community. The
potential benefits to the community and Agency can be substantial, and equate to
approximately $45 million in general redevelopment activities, and an additional $14
million in affordable housing projects and programs for the life of the Agency. Mr.
Ambo recommended the City Council initiate plans to activate the City's Redevelopment
Agency; begin the formal Redevelopment Plan adoption process; authorize the Public
Services Director to execute a contract with Urban Futures, Inc. in the amount of
$160,000 to provide turn -key professional services in preparing the Redevelopment
Agency formation materials; and allocate an additional $50,000 Redevelopment Agency
special counsel and incidental expenses.
Mayor Peters opened the hearing for public comment.
Jack McCurdy stated the City's planned action on the Redevelopment Feasibility Study is
grossly ill advised based on the consistent record of failure to adequately inform residents
about their opportunities to become aware of and understand at a minimal level the
Redevelopment Plan, which affects every property owner in Morro Bay. He said the
Study contains numerous inadequately substantiated statements, inconsistencies,
omissions and misleading conclusions, which likely would have raised many questions
among residents, had they been availed of opportunities to review the Study before this
meeting and to engage in discussions about its contents and effects on individual
properties. Mr. McCurdy reviewed the record of City actions to publicly notice
® workshops and public hearings on the Redevelopment Feasibility Study; he also reviewed
0
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — IULY 13, 2009
the deficiencies in the Study. Mr. McCurdy stated given the failures of the process to
inform residents about the matter, it seems clear that it would be a travesty and
irresponsible for the Council to act on the Redevelopment Plan at this meeting. Instead,
it should oversee the design of a credible and effective program to do its utmost to inform
residents about redevelopment and engage them in a series of properly and widely
noticed meetings.
Dorothy Cutter stated she does not understand how the Redevelopment Agency works
and is concerned with the amount of money that it would cost the City.
Rubin Barrios expressed concern with the concept of this proposal.
Peter Risley requested Council hold off on a Redevelopment Agency until all sectors in
the City are allowed to educate and discuss fully, and until .a full consensus arises from
all the people. He said it is of his opinion that the majority of redevelopment schemes
have been used by small elite groups to move out, exclude and profit from the
illumination of any one the local elite decides that it is in their interest to remove. Mr.
Risley requested no allocation is made until a full consensus is reached with all sectors of
Morro Bay.
John Barta stated he is concerned that the City is moving too fast on this Study; however,
if approved, the City should add the power plant to the Study.
Andy Hampp stated he is apprehensive with the Study, noting he is not sure if his
property is in the project area. He said there have not been enough comparative case
studies, and eminent domain is another important issue.
Mayor Peters closed the public comment hearing.
Mayor Peters stated she was on the City Council in 2005 when the Redevelopment
Agency was first considered, and if it were established then, the City would be reaping
the benefits now. She said there are 417 Community Redevelopment Agencies and 772
project areas in the State of California; 80% of all cities and 45% of all counties have
Redevelopment Agencies; Redevelopment Agencies as a group are the largest provider of
affordable housing for California's low to moderate income families next to the federal
government. Mayor Peters stated the City is interested in developing its business corridor
and the areas that are low income and blighted; they are not interested in using eminent
domain in taking someone's home to make a profit.
10
LiI
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — JULY 13, 2009
Councilmember Grantham agreed with Mayor Peters' statement, and noted the City will
benefit from a Redevelopment Agency. He said he supports moving forward with the
Redevelopment Plan Adoption process.
Councilmember Winholtz stated timing seems to be an issue, and she does not see the
benefit of moving forward now; she would like to take the time to hold more community
workshops. She said if the Redevelopment Agency were approved, she would want the
power plant included. Councilmember Winholtz expressed concern with the housing
issue wherein low-income housing is purchased and replaced with moderate housing.
She said she is also concerned with staff workload.
Councilmember Borchard also expressed concern with staff workload. She said if the
Redevelopment Agency were approved, she would want to include the power plant
property. Councilmember Borchard stated most of the concerns she has received from
the public are that this is happening too fast and they have not had enough time to feel
comfortable with the process. She said she would like another community workshop.
Councilmember Smukler agreed that if approved,.the power plant would need to be
included. He said it is not a question of if, but when, the City adopts a Redevelopment
Agency. Councilmember Smukler stated he would like to take more time to build the
public trust and hold another community workshop with a PowerPoint presentation.
MOTION: Mayor Peters moved the City Council activate the Morro Bay
Redevelopment Agency, begin the Redevelopment Plan Adoption process,
and allocate a total of $210,000 for the expenses in forming the Agency.
The motion was seconded by Councilmember Grantham and failed with
Councilmember Borchard, Councilmember Smukler and Councilmember
Winholtz voting no. (2-3)
MOTION: Councilmember Smukler moved the City Council continue this public
hearing to the August 10, 2009 City Council meeting from 5:00-6:00 p.m.
with a call to vote on the establishment of a Redevelopment Agency as a
part of that hearing. The motion was seconded by Councilmember
Winholtz and carried with Councilmember Grantham voting no. (4-1)
11
Abb MINUTES - MORRO BAY CITY COUNCIL
1p REGULAR MEETING — JULY 13, 2009
C. UNFINISHED BUSINESS
C-1 PRESENTATION ON IMPLEMENTATION ON GOALS A & B FROM THE
MANAGEMENT PARTNERS GOAL SETTING WORKSHOP;
(ADMINISTRATION)
This item was continued to the August 10, 2009 City Council meeting.
D. NEW BUSINESS
D-1 STATUS REPORT ON WATERFRONT DEVELOPMENT FEES; (PUBLIC
SERVICES)
MOTION: Councilmember Winholtz moved the City Council continue to track
projects on the Embarcadero in order to have a legitimate basis for
maintaining the Waterfront Development Fees. The motion was seconded
by Councilmember Grantham and carried unanimously. (5-0)
E. DECLARATION OF FUTURE AGENDA ITEMS — None.
ADJOURNMENT
The meeting adjourned at 10:55 p.m.
Recorded by:
Bridgett Bauer
City Clerk
12
C
F
City of Morro Bay
Morro Bay, CA 93442
(805) 772-6200
CITY OF MORRO BAY
CITY COUNCIL
NOTICE OF CANCELED MEETING
THE CLOSED SESSION
CITY COUNCIL MEETING
SCHEDULED FOR
MONDAY, JUNE 29, 2009
HAS BEEN CANCELED.
® 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 Kennedy 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.
CLOSED SESSION — NNE 29, 2009
CITY HALL CONFERENCE ROOM - 4:00 P.M.
595 HARBOR ST., MORRO BAY, CA
CS-1 GOVERNMENT CODE SECTION 54956.9(C): CONFERENCE WITH
LEGAL COUNSEL DUE TO ANTICIPATED LITIGATION. Initiation of
litigation exists based upon existing facts and the advice of legal counsel as to one
® (1) matter.
Parties: City of Morro Bay and Y. Hayashi & Sons Farms
Issue: Determining whether to file litigation for nitrate contamination in
groundwater.
IT IS NOTED THAT THE CONTENTS OF CLOSED SESSION MEETINGS
ARE CONFIDENTIAL AND EXEMPT FROM DISCLOSURE.
El
® SPECIAL MEETING —RUNE 29, 2009
VETERANS MEMORIAL HALL - 5:00 P.M.
209 SURF ST., MORRO BAY, CA
I. ESTABLISH QUORUM AND CALL TO ORDER
II. PLEDGE OF ALLEGIANCE
III, PUBLIC COMMENT PERIOD - Members of the audience wishing to address the
Council on the City budget may do so at this time.
W. APPROVAL OF THE MINUTES OF THE REGULAR CITY COUNCIL
MEETING OF JUNE 22, 2009
V. REVIEW OF THE 2009/10 FISCAL YEAR BUDGET
VI. DISCUSSION OF RESOLUTION NO. 78-08 WHICH AMENDED THE
SALARIES AND BENEFITS OF THE MANAGEMENT EMPLOYEES; AND,
POTENTIAL ADOPTION OF RESOLUTION NO. 38-09 TO WITHDRAW
RESOLUTION NO. 78-08
VII. ASSESSMENT OF CITY DEPARTMENT —POLICE DEPARTMENT
® VIII. RESOLUTION NO. 37-09 TO ADOPT THE 2009/10 OPERATING BUDGETS
fX PRESENTATION ON IMPLEMENTATION ON GOALS A & B FROM THE
MANAGEMENT PARTNERS GOAL SETTING WORKSHOP
X. ADJOURNMENT
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.
® MORRO BAY CITY COUNCIL
SPECIAL MEETING — JUNE 29, 2009
VETERANS MEMORIAL HALL - 5:00 P.M.
Mayor Peters called the meeting to order at 5:00 p.m
PRESENT: Janice Peters
Mayor
Carla Borchard
Councilmember
Rick Grantham
Councilmember
Noah Smukler
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
Administrative Services Director
Joe Woods
Recreation & Parks Director
® I. ESTABLISH QUORUM AND CALL TO ORDER
H. PLEDGE OF ALLEGIANCES
111. PUBLIC COMMENT PERIOD - Members of the audience wishing to address the
Council on the City budget may do so at this time.
The following people spoke in support of the Teen Center remaining open: Karen
Mackey, Shane Driscoll, Robert Freeman, Ryan Overbey, Jake Bonesteel, Seth Bean,
Isaac Good, Biz Steinberg, Jacob Bates, Jose Toral, Kiera Andrews, Gena Bates, Tracy
Hermann Stephanie DeRobbio, Karlina Plant, Rodger Anderson, Chris Dicus, Dorothy
Cutter, Joan Solu, Julian Dixon, Connor Rogers -Lowrie, Janet Gould, Susy Corriea,
Calvin Monteros and Nestor Castellanos.
The following people spoke in support of Police Department funding: Claire Grantham,
Virginia Hiramatsu, Stephanie Finlay, Sandi Tannler, Richard Hannibal, Mike Tannler,
Joe Yukich, Ed Krovitz, Chuck Rose, Officer Collins read a letter for Sgt. Bryan Millard,
Gordon Willey, Bill Black, Chuck Clarke, John Weiss, Janet Gould, Ken Vesterfelt, Susy
Corriea and Doug Riddell.
The following people spoke in support of funding for the Visitor Center: Ed Krovitz,
Andrea Klipfel, John Weiss, Peter Candela and Joan Solu.
® MORRO BAY CITY COUNCIL
SPECIAL MEETING — JUNE 29, 2009
Vicki Landis requested the City Council approve the budget as presented by staff.
Bill Martony suggested the City take over the State Park Marina; and, consider
combining two departments, perhaps the Fire Department and Harbor Department, which
would eliminate staff.
Michael Durick suggested: 1) the City's Executive employees' car allowances be
eliminated (preserving the cars for the Police and Fire Chiefs), and perhaps reimburse
them for mileage; 2) cancel the Chamber website and return that function to the City; and
3) match the funds provided by the members of the Chamber of Commerce to fund the
Visitors Center.
Dan Glesmann stated funds should go towards something tangible such as the City's
infrastructure. He requested the City not to use loans.and reserves to achieve balance.
Jim Ross spoke against using the sewer funds to balance the budget.
Dorothy Cutter stated it is time that City staff positions and salaries should be cut.
® Susan Heinemann stated the proposed budgets are left in deficit spending, and does not
consider the state may be cutting the City's allocation of property tax to balance its own
budget problems.
Wanda Durick addressed the proposed budget deficits, and expressed concern with the
use of water and sewer funds for City Attorney expenses.
Peter Risley stated the proposed budget is a deficit -balanced budget, and if approved,
Council will be approving a tax increase down the road. He said the City Council should
demand a balanced budget with no deficit spending.
Mayor Peters closed the public comment hearing.
Mayor Peters called for a break at 6:42 p.m.; the meeting resumed at 6:57 p.m.
IV. APPROVAL OF THE MINUTES OF THE REGULAR CITY COUNCIL
MEETING OF JUNE 22, 2009
MOTION: Mayor Peters moved the City Council approve the minutes for the regular
City Council meeting of June 22, 2009. The motion was seconded by
Councilmember Grantham and carried unanimously. (5-0)
Ej
® MORRO BAY CITY COUNCIL
SPECIAL MEETING — JUNE 29, 2009
V. REVIEW OF THE 2009/10 FISCAL YEAR BUDGET
City Manager Andrea Lueker stated over the past several years, while costs have risen,
the City of Morro Bay has continued to prepare and present budgets that are conservative.
In preparing this report, staff predominantly concentrated on cuts that would not
significantly affect the service level to the community, specifically cuts that would
continue to allow adherence to the City's 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." Ms. Lueker presented the City
Council with a variety of options to consider for reducing the remaining $230,000 budget
deficit.
Councilmember Winholtz, Councilmember Smukler and Councilmember Borchard
agreed the City should address the structural deficit and there is a need for revenue
enhancements to approve the budget.
Mayor Peters shared revenue figures if parking was charged at $1.00 per hour at the City
is parking lot on the Embarcadero; Council agreed to have future discussion on this item.
The City Council reviewed the following suggested funding cuts: $60,000 - Teen Center
and Skate Park; $25,000 - Reduction of Broadcast of Brown Act Meetings; $15,000-
$25,000 - Complete Cost Recovery for Special Events; $30,000 — Professional
Development; $3,000 — Meetings; $5,000 — Association Membership; $2,000 — Meals
and Lodging, Travel; $100,000 — Reduction of Deposit to Risk Management Fund;
$37,000 — ADA Capital Project; $43,000 — Deferment of Management and Executive
Cost -of --Living Adjustments.
The City Council agreed with the following funding cuts: $30,000 — Professional
Development; $3,000 — Meetings; $5,000 — Association Membership; $2,000 — Meals
and Lodging, Travel; $110,000 — Reduction of Deposit to Risk Management Fund;
$37,000 — ADA Capital Project; $43,000 — Deferment of Management and Executive
Cost -of -Living Adjustments.
3
® MORRO BAY CITY COUNCIL
SPECIAL MEETING — JUNE 29, 2009
VI. DISCUSSION OF RESOLUTION NO. 78-08 WHICH AMENDED THE
SALARIES AND BENEFITS OF THE MANAGEMENT EMPLOYEES; AND,
POTENTIAL ADOPTION OF RESOLUTION NO. 38-09 TO WITHDRAW
RESOLUTION NO. 78-08
Administrative Services Director Susan Slayton stated at the June 22°s City Council
meeting, Council withdrew Resolution No. 78-08 that granted salary and benefit
increases to the Management employees. Executive salaries increases are predicated on
those granted to Management employees, and are presented here. Ms. Slayton stated she
has prepared Resolution No. 38-09 should Council choose to withdraw Resolution No.
78-08.
Councilmember Smukler, Councilmember Borchard and Councilmember Winholtz
agreed it would be nice to be more equitable across the board; however, increases should
not be considered at this point, and the goal is to maintain the positions the City has at
this time.
Mayor Peters and Councilmember Grantham agreed they would rather not be put in the
solike
where lower employees are being paid as much as their supervisors. They would
like to review all of the units at the same time and treat them all fairly and equitably.
MOTION: Councilmember Winholtz moved the City Council adopt Resolution No.
38-09 withdrawing Resolution No. 78-08 which amended the salaries and
benefits of the Managements Employees. The motion was seconded -by
Councilmember Borchard and carried with Councilmember Grantham and
Mayor Peters voting no. (3-2)
VII. ASSESSMENT OF CITY DEPARTMENT —POLICE DEPARTMENT
City Manager Andrea Lueker reviewed her assessment of the Police Department for
Council information.
Councilmember Grantham reviewed recent incidents; he said he is not supportive of any
cuts to the Police Department budget.
Mayor Peters stated she would like to pursue transporting prisoners to the County jail by
a private security company.
Councilmember Smukler stated patrol levels are not adequate and he would like to
review options that address patrol levels without pulling resources from other
® departments.
I,
MORRO BAY CITY COUNCIL
SPECIAL MEETING — JUNE 29, 2009
Councilmember Winholtz stated a more in-depth definition of what a full -service police
department is, and can the City afford to have a full -service police department. She also
would like more in-depth information on the Commander position.
City Manager Andrea Lueker stated she would return to Council at the end of September
with an updated assessment of the Police Department.
Councilmember Smukler stated he would prefer the City Manager not spend any further
time assessing the Police Department and continue on with the other departments.
MOTION: Mayor Peters moved the City Council direct staff to no longer pursue any
further review of the Police Department other than meet and confer
discussions. The motion was seconded by Councilmember Grantham and
carried with Councilmember Winholtz voting no. (4-1)
Mayor Peters called for a break at 9:21 p.m.; the meeting resumed at 9:27 p.m.
VIII. RESOLUTION NO. 37-09 TO ADOPT THE 2009/10 OPERATING BUDGETS
MOTION: Mayor Peters moved the City Council approve Resolution No. 37-09
adopting the 2009/10 Operating Budgets as amended. The motion was
seconded by Councilmember Grantham and carried unanimously. (5-0)
IX. PRESENTATION ON IMPLEMENTATION ON GOALS A & B FROM THE
MANAGEMENT PARTNERS GOAL SETTING WORKSHOP
Council referred to the staff report from the May 26, 2009 City Council meeting (Item D-1).
MOTION: Mayor Peters moved the City Council continue this item to the July 13,
2009 City Council meeting. The motion was seconded by Councilmember
Grantham and carried unanimously. (5-0)
E \Ormi912luURN N
The meeting adjourned at 9:43 p.m.
Recorded by:
Bridgett Bauer
City Clerk
G
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 22, 2009
CLOSED SESSION — JUNE 22, 2009
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 54956.9(a): CONFERENCE WITH
LEGAL COUNSEL REGARDING PENDING LITIGATION.
• Wallick v. City of Morro Bay
CS-3 GOVERNMENT CODE SECTION 54956.9(C): CONFERENCE
CS-4
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 Y. Hayashi & Sons Farms
Issue: Determining whether to file litigation for nitrate contamination in
groundwater.
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: Lease Site 82-85/ 725 Embarcadero/ Rose' Landing
Negotiating Parties: 725 Embarcadero LLC and City of Morro Bay
Negotiations: Lease Terms and Conditions.
• Property: Lease Site 71-72/699 Embarcadero/Marina Square.
Negotiating Parties: Morro Bay Marina 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.
PUBLIC SESSION — JUNE 22, 2009
® 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,
Is profane or personal remarks against any elected official, commission and/or
staff.
• Please retain from public displays or outbursts such as unsolicited applause,
comments or cheering.
• Any disruptive activities that substantially interfere with the ability of the City
Council to carry out its meeting will not be permitted and offenders will be
requested to leave the meeting.
• Your participation in City Council meetings is welcome and your courtesy
will be appreciated.
In compliance with the Americans with Disabilities Act, if you need special assistance to
participate in this meeting, please contact the City Clerk, (805) 772-6205. Notification 72
hours prior to the meeting will enable the City to make reasonable arrangements to ensure
accessibility to this meeting.
A CONSENT CALENDAR
Unless an item is pulled for separate action by the City Council, the following actions are
approved without discussion.
A-1 APPROVAL OF MINUTES FOR THE SPECIAL CITY COUNCIL MEETING
OF MAY 26, 2009, AND THE REGULAR CITY COUNCIL MEETING OF
NNE 8, 2009; (ADMINISTRATION)
RECOMMENDATION: Approve as submitted.
A-2 APPROVAL OF RESOLUTION NO. 30-09 CONTINUING THE 2008/09
ANNUAL BUDGET; (ADMINISTRATIVE SERVICES)
® RECOMMENDATION: Adopt Resolution No. 30-09.
A-3 RESOLUTION NO. 34-09 ADOPTING REVISIONS TO THE MASTER FEE
SCHEDULE; (ADMINISTRATIVE SERVICES)
RECOMMENDATION: Adopt Resolution No. 34-09.
A4 AUTHORIZATION TO ISSUE A REQUEST FOR PROPOSAL (RFP) FOR
TRANSIENT OCCUPANCY TAX AUDIT SERVICES; (ADMINISTRATIVE
SERVICES)
RECOMMENDATION: Authorize the issuance of an RFP for Transient
Occupancy Tax audit services.
A-5 RESOLUTION NO. 33-09 AUTHORIZING SAN LUIS OBISPO COUNTY
ASSESSOR TO ASSESS AMOUNTS DUE ON DELINQUENT SOLID
WASTE COLLECTION ACCOUNTS AS TAX LIENS AGAINST THE
PROPERTIES; (PUBLIC SERVICES)
RECOMMENDATION: Adopt Resolution No. 33-09.
A-6 STATUS REPORT ON APPLICATIONS FOR ECONOMIC STIMULUS
is
FUNDING; (ADMINISTRATION)
RECOMMENDATION: Receive report for information.
A-7 RESOLUTION NO. 35-09 SUPPORTING THE "SAVE CALIFORNIA'S
STATE PARKS" CAMPAIGN; (ADMINISTRATION)
RECOMMENDATION: Adopt Resolution No. 35-09.
A-8 RESOLUTION NO. 36-09 AUTHORIZING THE CITY ATTORNEY TO
COOPERATE WITH THE LEAGUE OF CALIFORNIA CITIES, OTHER
CITIES AND COUNTIES IN LITIGATION CHALLENGING THE
CONSTITUTIONALITY OF ANY SEIZURE BY STATE GOVERNMENT OF
THE CITY'S STREET MAINTENANCE FUNDS; (ADMINISTRATION)
RECOMMENDATION: Adopt Resolution No. 36-09.
B. PUBLIC HEARINGS. REPORTS & APPEARANCES
B-1 RESOLUTION NO. 31-09 DIRECTING THE LEVY OF THE ANNUAL
ASSESSMENT FOR THE CLOISTERS LANDSCAPING AND LIGHTING
MAINTENANCE ASSESSMENT DISTRICT; (RECREATION & PARKS)
® RECOMMENDATION: Adopt Resolution No. 31-09.
3
B-2 RESOLUTION NO. 32-09 DIRECTING THE LEVY OF THE ANNUAL
ASSESSMENT FOR THE NORTH POINT LANDSCAPING AND LIGHTING
® MAINTENANCE ASSESSMENT DISTRICT; (RECREATION & PARKS)
RECOMMENDATION: Adopt Resolution No. 32-09.
B-3 CONSIDERATION OF THE REDEVELOPMENT FEASIBILITY STUDY;
(PUBLIC SERVICES)
RECOMMENDATION: Discuss and direct staff accordingly.
C. UNFINISHED BUSINESS
D. NEW BUSINESS
D-1 DISCUSSION OF EXTENDING THE HIRING FREEZE TO ALL CITY
POSITIONS AND AUTHORIZATION TO RECRUIT FOR A FIREFIGHTER
AND A WATER SYSTEMS SUPERVISOR; (ADMINISTRATIVE SERVICES)
RECOMMENDATION: Extend the hiring freeze and consider authorizing the
commencement of the recruitment process for the Firefighter and Water
Systems Supervisor positions.
D-2 PARKING METERS IMPLEMENTATION; (PUBLIC SERVICES)
Is
RECOMMENDATION: Discuss and direct staff accordingly.
E. DECLARATION OF FUTURE AGENDA ITEMS
F: 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.
E
® MINUTES - MORRO BAY CITY COUNCIL
CLOSED SESSION — JUNE 22, 2009
CITY HALL CONFERENCE ROOM - 5:00 P.M.
Mayor Peters called the meeting to order at 5:00 p.m
PRESENT: Janice Peters
Mayor
Carla Borchard
Councilmember
Rick Grantham
Councilmember
Noah Smukler
Councilmember
Betty Winholtz
Councilmember
STAFF: Andrea Lueker City Manager
Robert Schultz City Attorney
CLOSED SESSION
MOTION: Mayor Peters moved the meeting be adjourned to Closed Session. The
motion was seconded by Councilmember 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 54956.9(a): CONFERENCE WITH
LEGAL COUNSEL REGARDING PENDING LITIGATION.
• Wallick v. City of Morro Bay
CS-3 GOVERNMENT CODE SECTION 54956.9(C)t 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 Y. Hayashi & Sons Farms
Issue: Determining whether to file litigation for nitrate contamination in
groundwater.
11
® CS-4 GOVERNMENT CODE 5E(1WN 54956.8; KLAL _rmurr.x1 Y
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: Lease Site 82-85/ 725 Embarcadero/ Rose' Landing
Negotiating Parties: 725 Embarcadero LLC and City of Morro Bay
Negotiations: Lease Terms and Conditions.
• Property: Lease Site 71-72/699 Embarcadero/Marina Square.
Negotiating Parties: Morro Bay Marina 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
6:00 p.m.
MOTION: Councilmember Borchard moved the meeting be adjourned. The motion
was seconded by Councilmember Grantham and unanimously carried. (5-0)
The meeting adjourned at 6:00 p.m.
2
® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — JUNE 22, 2009
VETERANS MEMORIAL HALL - 6:00 P.M.
Mayor Peters called the meeting to order at 6:00 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
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 AND COUNCIL MEMBERS REPORTS, ANNOUNCEMENTS &
PRESENTATIONS
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; Item
CS-3 was continued to Closed Session on June 29, 2009, and the City Council may
adjourn tonight's regular session to continue discussion on Item CS-1.
PUBLIC COMMENT
Keith Taylor gave an update on Phase 11 of the Fire Department project.
Hank Roth thanked those who made the Child Seat Safety Check a successful event.
Deb Jeffers announced the first Relay for Life would be held in Morro Bay on August In
at Morro Bay High School.
Christie Hilliard stated the United Methodist Children's Center has a Preschool Program
located at the Morro Elementary Building on Napa Avenue and an After School Care
® Program located at the church site on Hemlock Avenue.
® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — JUNE 22, 2009
Susan Heinemann announced the Estero Bay Community Garden Organic Chicken
Barbecue would be held on June 28 b to benefit the United Methodist Children's Center.
Mary Golden requested Council's support in approving Item A-7 (Resolution No. 35-09
Supporting the "Save California's State Parks" Campaign). She also requested support
for a $15 surcharge to California State vehicle license fees in order to allow access to all
State parks.
Hugh McAffrey expressed opposition to the proposed parking fee at Tidelands boat
launch parking lot.
Bill Martony clarified some misstatements made in an article written in the Bay News
regarding the settlement in the lawsuit Martony v. City of Morro Bay.
David Nelson suggested the City reactivate the New Futures Committee to consider large
proposals, such as a Redevelopment Agency.
Mayor Peters closed the hearing for public comment.
Is A. CONSENT CALENDAR
Unless an item is pulled for separate action by the City Council, the following actions are
approved without discussion.
A-1 APPROVAL OF MINUTES FOR THE SPECIAL CITY COUNCIL MEETING
OF MAY 26, 2009, AND THE REGULAR CITY COUNCIL MEETING OF
JUNE 8, 2009; (ADMINISTRATION
RECOMMENDATION: Approve as submitted.
A-2 APPROVAL OF RESOLUTION NO. 30-09 CONTINUING THE 2008/09
ANNUAL BUDGET; (ADMINISTRATIVE SERVICES)
RECOMMENDATION: Adopt Resolution No. 30-09.
A-3 RESOLUTION NO. 34-09 ADOPTING REVISIONS TO THE MASTER FEE
SCHEDULE; (ADMINISTRATIVE SERVICES)
RECOMMENDATION: . Adopt Resolution No. 34-09.
rd
® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — JUNE 22, 2009
A4 AUTHORIZATION TO ISSUE A REQUEST FOR PROPOSAL (RFP) FOR
TRANSIENT OCCUPANCY TAX AUDIT SERVICES; (ADMINISTRATIVE
SERVICES)
RECOMMENDATION: Authorize the issuance of an RFP for Transient
Occupancy Tax audit services.
A-5 RESOLUTION NO. 33-09 AUTHORIZING SAN LUIS OBISPO COUNTY
ASSESSOR TO ASSESS AMOUNTS DUE ON DELINQUENT SOLID
WASTE COLLECTION ACCOUNTS AS TAX LIENS AGAINST THE
PROPERTIES; (PUBLIC SERVICES)
RECOMMENDATION: Adopt Resolution No. 33-09.
A-6 STATUS REPORT ON APPLICATIONS FOR ECONOMIC STIMULUS
FUNDING; (ADMINISTRATION)
RECOMMENDATION: Receive report for information.
® A-7 RESOLUTION NO. 35-09 SUPPORTING THE "SAVE CALIFORNIA'S
STATE PARKS" CAMPAIGN; (ADMINISTRATION)
u
RECOMMENDATION: Adopt Resolution No. 35-09.
A-8 RESOLUTION NO. 36-09 AUTHORIZING THE CITY ATTORNEY TO
COOPERATE WITH THE LEAGUE OF CALIFORNIA CITIES, OTHER
CITIES AND COUNTIES IN LITIGATION CHALLENGING THE
CONSTITUTIONALITY OF ANY SEIZURE BY STATE GOVERNMENT OF
THE CITY'S STREET MAINTENANCE FUNDS; (ADMINISTRATION)
RECOMMENDATION: Adopt Resolution No. 36-09.
Councilmember Borchard pulled Item A-2 from the Consent Calendar, Mayor Peters
pulled Item A-3, and Councilmember Winholtz pulled Items A4 and A-7.
MOTION: Councilmember Winholtz moved the City Council approve Items A-1, A-5,
A-6, and A-8 of the Consent Calendar. The motion was seconded by
Councilmember Borchard and carried unanimously. (5-0)
5
® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — TUNE 22, 2009
A-2 APPROVAL OF RESOLUTION NO. 30-09 CONTINUING THE 2008/09
ANNUAL BUDGET; (ADMINISTRATIVE SERVICES)
MOTION: Councilmember Borchard moved the City Council adopt Resolution No.
30-09 continuing the 2008/09 annual budget, and direct staff to return with
a resolution rescinding the previous resolution amending the salaries and
benefits of the management employees. The motion was seconded by
Councilmember Winholtz and carried with Mayor Peters voting no. (4-1)
A-3 RESOLUTION NO. 34-09 ADOPTING REVISIONS TO THE MASTER FEE
SCHEDULE; (ADMINISTRATIVE SERVICES)
The City Council discussed reducing the proposed parking fee at the Tidelands boat
launch ramp.
Councilmember Grantham stated he was not in support of this concept; however, he
would consider a yearly pass at a discount rate for frequent users of the boat launch ramp.
® Councilmember Winholtz stated she agrees that $10 to go out fishing all day is not
unreasonable; and if they are going out several times per week, are they sports fishing or
commercial fishing.
MOTION_ : Mayor Peters moved the City Council amend the Master Fee Schedule,
Harbor Department - parking fee at Tidelands boat launch ramp to $5.00
per day. The motion was seconded by Councilmember Smukler.
Councilmember Winholtz expressed opposition to the $5.00 fee stating it would not be
worth it, and noted this fee is to help supplement the City's Harbor division.
VOTE: The motion carried with Councilmember Grantham and
Councilmember Winholtz voting no. (3-2)
MOTION: Councilmember Grantham moved the City Council amend the Master Fee
Schedule, Recreation and Parks Department — Skate Park rental,
increasing the rate for profit groups to $150 for a 2 hour minimum. The
motion was seconded by Councilmember Smukler and carried with
Councilmember Winholtz voting no. (4-1)
MOTION: Mayor Peters moved the City Council adopt Resolution -No. 34-09
approving the Master Fee Schedule as amended. The motion was
® seconded by Councilmember Grantham and carried unanimously. (5-0)
Il
® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — JUNE 22, 2009
A4 AUTHORIZATION TO ISSUE A REQUEST FOR PROPOSAL (RFP) FOR
TRANSIENT OCCUPANCY TAX AUDIT SERVICES; (ADMINISTRATIVE
SERVICES)
Councilmember Winholtz stated she would like to amend the audit to start in 2005/06 for
those businesses that have records.
MOTION: Councilmember Winholtz moved the City Council authorize staff to issue
a Request for Proposal for transient occupancy tax audit services. The
motion was seconded by Councilmember Grantham and carried
unanimously. (5-0)
MOTION: Councilmember Winholtz moved the City Council direct staff to begin a
three-year cycle beginning in fiscal year 2009/10, and then every three
years the audit is initiated. The motion was seconded by Councilmember
Grantham and carried unanimously. (5-0)
® A-7 RESOLUTION NO. 35-09 SUPPORTING THE "SAVE CALIFORNIA'S
STATE PARKS" CAMPAIGN; (ADMINISTRATION)
Councilmember Winholtz reviewed suggested amendments to the resolution.
Mayor Peters expressed opposition to attaching a $15 surcharge to vehicle license fees.
MOTION: Councilmember Winholtz moved the City Council adopt Resolution No.
35-09 supporting the "Save California's State Parks" Campaign as
amended. The motion was seconded by Councilmember Smukler and
carried with Mayor Peters voting no. (4-1)
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 RESOLUTION NO. 31-09 DIRECTING THE LEVY OF THE ANNUAL
ASSESSMENT FOR THE CLOISTERS LANDSCAPING AND LIGHTING
MAINTENANCE ASSESSMENT DISTRICT; (RECREATION & PARKS)
Recreation & Parks Director Joe Woods stated at the May 11, 2009 City Council
meeting, the Council.adopted Resolution No. 21-09 approving the Engineer's Report
® describing the annual maintenance to be completed at the Cloisters Park and Open Space,
VA
® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — JUNE 22, 2009
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. By adopting Resolution No. 31-09, $148,944 will be
collected through an assessment of all parcel owners in the Cloisters subdivision for the
maintenance of the Cloisters Park and Open Space. Mr. Woods recommended the City
Council adopt Resolution No. 31-09 directing the levy of the annual assessment for the
Cloisters Landscaping and Lighting Maintenance Assessment District.
Mayor Peters opened the hearing for public comment.
David Nelson expressed support for the levy of the annual assessment to finance this
maintenance stating a deal is a deal.
Mayor Peters closed the public comment hearing.
MOTION: Councilmember Grantham moved the City Council adopt Resolution No.
31-09 directing the levy of the annual assessment for the Cloisters
Landscaping and Lighting Maintenance Assessment District. The motion
® was seconded by Councilmember Winholtz and carried unanimously. (5-0)
r
B-2 RESOLUTION NO. 32-09 DIRECTING THE LEVY OF THE ANNUAL
ASSESSMENT FOR THE NORTH POINT LANDSCAPING AND LIGHTING
MAINTENANCE ASSESSMENT DISTRICT; (RECREATION & PARKS)
Recreation & Parks Director Joe Woods stated at the May 11, 2009 City Council
meeting, the Council adopted Resolution No. 22-09 approving the Engineer's Report
describing the annual maintenance to be completed at the North Point Natural Area, and
declaring the City's intent to levy an annual assessment to finance this maintenance. The
County Assessor will collect the assessment, projected at $564.50 per assessable lot in
the North Point subdivision. By adopting Resolution No. 32-09, $5,645 will be collected
through an assessment of all parcel owners in the North Point subdivision for the
maintenance of the North Point Natural Area. Mr. Woods recommended the City
Council adopt Resolution No. 32-09 directing the levy of 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.
N
® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — JUNE 22, 2009
MOTION: Councilmember Grantham moved the City Council adopt Resolution No.
32-09 directing the levy of the annual assessment for the North Point
Natural Area Landscaping and Lighting Maintenance Assessment District.
The motion was seconded by Councilmember Winholtz and carried
unanimously. (5-0)
B-3 CONSIDERATION OF THE REDEVELOPMENT FEASIBILITY STUDY;
(PUBLIC SERVICES)
Public Services Director Bruce Ambo stated the City Council received the
Redevelopment Feasibility Study prepared by Urban Futures, Inc. on June 17, 2009. The
workshop was continued as a public hearing to receive public input, and recommended
by staff that Council continue it to the July 13, 2009 City Council meeting for further
consideration and input.
Mayor Peters opened the hearing for public comment.
David Nelson stated the power plant should be in the redevelopment scenario. He said he
® has concern with the cost and the timeframe on moving forward with this study.
Iack McCurdy stated the workshop was poorly noticed. He said the study has inadequate
and faulty information on the power plant. Mr. McCurdy stated the citizens should
analyze this feasibility study.
Bill Martony stated he met someone from WestPac who enlightened him on plans for the
Dynegy lease site. He suggested the City invite this person to speak at a public meeting
regarding the green energy proposals that WestPac is considering.
Mayor Peters closed the public comment hearing.
The City Council requested that the cost of the study and the start up fees are discussed at
the next meeting.
MOTION: Councilmember Smukler moved the City Council continue the public
hearing on the Redevelopment Feasibility Study to the July 13, 2009 City
Council meeting. The motion was seconded by Councilmember Grantham
and carried unanimously. (5-0)
Mayor Peters called for a break at 8:12 p.m.; the meeting resumed at 8:18 p.m
0
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — JUNE 22, 2009
C. UNFINISHED BUSINESS
D. NEW BUSINESS
D-1 DISCUSSION OF EXTENDING THE HIRING FREEZE TO ALL CITY
POSITIONS AND AUTHORIZATION TO RECRUIT FOR A FIREFIGHTER
AND A WATER SYSTEMS SUPERVISOR; (ADMINISTRATIVE SERVICES)
City Manager Andrea Lueker stated at the June 8, 2009 City Council meeting, staff was
directed to amend the proposed budget resolution to include all positions in the City
workforce in the hiring freeze. Since 2006/07, only General Fund positions, with the
exception of safety, had been subject to the hiring freeze. Staff expressed concern with
the inclusion of safety and the Enterprise Funds' personnel in the hiring freeze. Staff also
requested authorization to begin the recruitment process for the Firefighter, which was
included in the 2009/10 Measure Q budget discussions on May 6'h and May 13's, and the
Water Systems Supervisor, whose job description was approved at the June 8's meeting.
Ms. Lueker recommended the City Council consider extending the hiring freeze and
consider authorizing the commencement of the recruitment process for the Firefighter
® and Water Systems Supervisor positions.
Councilmember Borchard stated the Enterprise Fund employees should be considered in
the hiring freeze the same as all employees during the current budgetary times.
Councilmember Smukler stated he supports going forward in the hiring of the Firefighter
and Water Systems Supervisor; however, due to the economy, he would like to consider
each vacant position including the Enterprise Fund positions as they become vacant.
Councilmember Grantham stated he supports the hiring freeze for all employee positions
except public safety employees because the competition places the City at a
disadvantage.
Councilmember Winholtz supports hiring the Firefighter but does not support hiring the
Water Systems Supervisor. She said she agrees with the hiring freeze excluding those
positions that Council has agreed to not include.
Mayor Peters stated she supports extending the hiring freeze excluding public safety. She
said she would like to move forward with the recruitment process for the Firefighter and
Water Systems Supervisor positions.
10
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — JUNE 22, 2009
MOTION: Mayor Peters moved the City Council extend the hiring freeze excluding
public safety employees, which includes police officers, dispatchers, and
firefighters. The motion was seconded by Councilmember Grantham and
carried unanimously. (5-0)
MOTION: Mayor Peters moved the City Council direct staff to recruit for the Water
Systems Supervisor position. The motion was seconded by
Councilmember Grantham and carried with Councilmember Winholtz
voting no. (4-1)
MOTION: Mayor Peters moved the City Council direct staff to recruit for. the
Firefighter position to be paid with Measure Q funds. The motion was
seconded by Councilmember Borchard.
Councilmember Grantham expressed opposition to this motion because it is a bad use of
Measure Q funds, which is suppose to be used as needed and not meant for long-term
use.
0 VOTE: The motion carried with Councilmember Grantham voting no. (4-1)
D-2 PARKING METERS IMPLEMENTATION; (PUBLIC SERVICES)
City Engineer Rob Livick stated on October 8, 2007, the City Council adopted
Resolution No. 48-07 implementing the Parking Management Plan. The adopted study
area boundary included the Embarcadero and downtown areas. The fiscal impact of
installing, maintaining, collecting fees and enforcing parking meter zones is unknown at
this time. Mr. Livick recommended the City Council review the information provided on
parking meter implementation and direct staff accordingly.
MOTION: Mayor Peters moved the City Council approve placing a parking kiosk in
the City parking lot on the Embarcadero and charge $1 per hour. The
motion was seconded by Councilmember Grantham and failed with
Councilmember Borchard, Councilmember Smukler and Councilmember
Winholtz voting no. (2-3)
No further action was taken on this item.
�J
11
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — JUNE 22, 2009
E. DECLARATION OF FUTURE AGENDA ITEMS
Councilmember Winholtz requested to agendize the following items:
a) Discussion on Council Term Limits (Council concurred);
b) Discussion on Placing the Primary Election Process on the Ballot (Council
concurred);
c) Review of the City's Noise Ordinance Enforcement (Councilmember Winholtz to
investigate the City of San Luis Obispo's ordinance);
d) Staff to prepare a memorandum on the action taken and the progress to date on
the Coleman Park Concept Plan.
MOTION: Mayor Peters moved the City Council adjourn this meeting to the Closed
Session agenda. The motion was seconded by Councilmember Grantham
and carried unanimously. (5-0)
ADJOURNMENT
The meeting adjourned at 8:57 p.m.
Recorded by:
Bridgett Bauer
City Clerk
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 — JUNE 8, 2009
CLOSED SESSION — JUNE 8, 2009
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 54956.9(a): CONFERENCE WITH LEGAL
COUNSEL REGARDING PENDING LITIGATION:
City of Morro Bay v. Martony
Linker v. City of Morro Bay
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
two (2) parcels.
Property: Lease Site 82-85/ 725 Embarcadero/ Rose' Landing
Negotiating Parties: 725 Embarcadero LLC and City of Morro Bay
Negotiations: Lease Terms and Conditions.
Property: Lease Site 71-72/699 Embarcadero/Marina Square.
Negotiating Parties: Morro Bay Marina 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.
PUBLIC SESSION — NNE 8, 2009
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.
A CONSENT CALENDAR
Unless an item is pulled for separate action by the City Council, the following actions are
approved without discussion.
A-1 APPROVAL OF MINUTES FOR THE SPECIAL CITY COUNCIL BUDGET
MEETINGS OF MAY 6, 2009 AND MAY 13, 2009, AND THE REGULAR CITY
COUNCIL MEETING OF MAY 26, 2009; (ADMINISTRATION)
RECOMMENDATION: Approve as submitted.
u
FA
A-2 APPROVAL OF RESOLUTION NO. 27-09 ADOPTING THE IDENTITY THEFT
PREVENTION PROGRAM; (ADMINISTRATIVE SERVICES)
® RECOMMENDATION: Adopt Resolution No. 27-09.
A-3 REVISIONS TO THE WATER SYSTEM SUPERVISOR JOB DESCRIPTION;
(ADMINISTRATIVE SERVICES)
RECOMMENDATION: Accept the revised job description for the Water System
Supervisor position.
A4 APPROVAL OF SETTLEMENT AGREEMENT IN CITY OF MORRO BAY V.
MARTONY/PEKAREK; (CITY ATTORNEY)
RECOMMENDATION: Approve the settlement agreement between the City and
William Martony and Bernadette Pekarek.
A-5 PROCLAMATION THANKING PETE ZOTOVICH FOR HIS LEADERSHIP
ROLE AS PRINCIPAL OF MORRO BAY HIGH SCHOOL; (ADMINISTRATION)
RECOMMENDATION: Adopt Proclamation.
B. PUBLIC HEARINGS. REPORTS & APPEARANCES
B-I RESOLUTION APPROVING AN APPLICATION, FUNDING AND THE
® EXECUTION OF A GRANT AGREEMENT FROM THE GENERAL
ALLOCATION OF THE STATE COMMUNITY DEVELOPMENT BLOCK
GRANT PROGRAM; (PUBLIC SERVICES)
RECOMMENDATION: Adopt Resolution No. 28-09.
B-2 REVIEW AND APPROVE THE MEMORANDUM OF UNDERSTANDING
BETWEEN THE CITY OF MORRO BAY AND THE MORRO BAY PUPS FOR
THE CONSTRUCTION AND MAINTENANCE OF THE DEL MAR PARK OFF -
LEASH DOG AREA; (RECREATION & PARKS)
RECOMMENDATION: Approve the Memorandum of Understanding and direct
staff to work with Morro Bay Pups for the construction, operation and
maintenance of the Del Mar oft leash dog park.
B-3 REVIEW OF THE DRAFT HOUSING ELEMENT; (PUBLIC SERVICES)
RECOMMENDATION: Approve the Draft Housing Element and direct staff to
submit the document to the State Department of Housing and Community
Development for a mandatory pre -review prior to final adoption and
certification.
B4 ADOPTION OF THE SEWER SYSTEM MANAGEMENT PLAN; (PUBLIC
® SERVICES)
RECOMMENDATION: Adopt the completed Sewer System Management Plan.
3
B-5 EXTENSION OF AN INTERIM URGENCY ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF MORRO BAY 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. 549.
C. UNFINISHED BUSINESS
C-1 AMENDMENT TO THE GENERAL FUNDS 2009/10 BUDGET AND RESOLUTION
NO. 30-09 TO ADOPTING THE 2009/10 OPERATING BUDGETS
RECOMMENDATION: Adopt Resolution No. 30-09.
D. NEW BUSINESS
D-I CONSIDERATION OF THE CITY'S PARTICIPATION IN THE VECTOR
CONTROL ASSESSMENT DISTRICT; (ADMINISTRATION)
RECOMMENDATION: Discuss and direct staff accordingly.
D-2 CONSIDERATION OF FUNDING ALLOCATION FOR THE EXECUTIVE
DIRECTOR OF THE HOMELESS SERVICES OVERSITE COUNCIL;
® (ADMINISTRATION)
RECOMMENDATION: Discuss and direct staff accordingly.
D-3 RESOLUTION NO. 29-09 OPPOSING THE PASSAGE OF ASSEMBLY BILL 761
WHICH WOULD ESTABLISH STATEWIDE VACANCY DECONTROL FOR ALL
MOBILEHOME RENT CONTROL; (COUNCIL)
RECOMMENDATION: Adopt Resolution No. 29-09.
E. DECLARATION OF FUTURE AGENDA ITEMS
F. 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 CLERICS 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
MIII'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
CLOSED SESSION —JUNE 8, 2009
® CITY HALL CONFERENCE ROOM - 5:00 P.M.
Mayor Peters called the meeting to order at 5:00 p.m.
PRESENT: Janice Peters
Mayor
Carla Borchard
Councilmember
Rick Grantham
Councilmember
Noah Smukler
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 Borchard 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 54956.9(a): CONFERENCE WITH
LEGAL COUNSEL REGARDING PENDING LITIGATION:
CS-3
• City of Morro Bay v. Martony
• Linker v. City of Morro Bay
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: Lease Site 82-85/ 725 Embarcadero/ Rose' Landing
Negotiating Parties: 725 Embarcadero LLC and City of Morro Bay
Negotiations: Lease Terms and Conditions.
• Property: Lease Site 71-72/699 Embarcadero/Marina Square.
Negotiating Parties: Morro Bay Marina and City of Morro Bay
® Negotiations: Lease Terms and Conditions
MINUTES - MORRO BAY CITY COUNCIL
CLOSED SESSION —JUNE 8, 2009
11
The meeting adjourned to Closed Session at 5:00 p.m. and returned to regular session at
5:50 p.m.
MOTION: Councilmember Winholtz moved the meeting be adjourned. The motion
was seconded by Councilmember Smukler and unanimously carried. (5-0)
The meeting adjourned at 5:50 p.m.
El
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MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — JUNE 8, 2009
VETERANS MEMORIAL HALL - 6:00 P.M.
Mayor Peters called the meeting to order at 6:00 p.m.
PRESENT: Janice Peters
Mayor
Carla Borchard
Councilmember
Rick Grantham
Councilmember
Noah Smukler
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
Mike Pond
Fire Chief
Christine Rogers
Housing Programs Coordinator
Susan Slayton
Administrative Services Director
Dylan Wade
Utilities/Capital Projects Manager
Christine Wold
Senior Planner
Joe Woods
Recreation & Parks Director
®
ESTABLISH QUORUM AND CALL TO ORDER
MOMENT OF SILENCE
PLEDGE OF ALLEGIANCE
MAYOR AND COUNCIL MEMBERS REPORTS,
ANNOUNCEMENTS &
PRESENTATIONS
CLOSED SESSION REPORT - City Attorney Robert Schultz reported the City Council
met in Closed Session, and no reportable action under
the Brown Act was taken.
PUBLIC COMMENT
Hank Roth announced there would be a Car Seat Check -Up on June 17'b from 10:00 a.m.
— 2:00 p.m. at Spencer's Market.
Joyce Lundy reviewed the statistics for the Visitors Center, and shared upcoming events,
such as the Quarterly Small Business Networking Breakfast on June 17t° and the
Chamber Mixer at Bayshore Event Center on June 18'a.
Cathy Novak stated the Governor is proposing to close several State Parks in California,
some on the Central Coast as part of his budget cuts. She urged citizens to take action by
writing local legislators in opposition to the closure of State Parks.
Maureen and Phil Kispersky stated they are in the process of opening a restaurant on the
® Embarcadero and addressed the in -lieu parking fees. They expressed concern that the
money from any future sale of the Brannigans' property would go into the City's General
Fund instead of returning the half million dollars back to the parking fund. Mr. and Mrs.
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MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — JUNE 8, 2009
Kispersky stated in -lieu parking fees are extremely expensive and they would be more
comfortable if these fees would be working toward permanent parking on the
Embarcadero.
Peter Candela invited the public to the 4`s of July celebration at Tidelands Park on the
Embarcadero, and watch the first laser light show.
Dan Glessman addressed Item C-1 (Amendment to the General Funds 2009/10 Budget
and Resolution No. 30-09 to Adopting the 2009/10 Operating Budgets) and expressed
opposition to staiTs amendments to this report. He requested Council send the budget
back for actual spending reduction.
Stuart McElhenny showed a video of what the laser show on the 41s of July will look like.
He also said he read an analysis on closing State Parks, and it would save $150 million,
but cost $230 million to close the parks.
Dani Nickelson from Pacific Wildlife thanked the Chamber of Commerce and the City
for canceling the fireworks because it will be more peaceful for the wildlife. She also
expressed thanks for the signs alerting those for not feeding birds and what to do if birds
® are entangled in fishing line.
Michael Durick addressed Item C-1 noting it is the same budget structure as the previous
report that went to Council on May 26. He said the salaried employees should take a
pay cut and the rest of the employees may follow. Mr. Durick addressed the Visitor
Center contract with the City, and said this contract should be reviewed thoroughly and
should be placed in the budget as a subsidy.
Mayor Peters closed the hearing for public comment.
Mayor Peters called for a break at 7:15 p.m.; the meeting resumed at 7:25 p.m.
A. CONSENT CALENDAR
Unless an item is pulled for separate action by the City Council, the following actions are
approved without discussion.
A-1 APPROVAL OF MINUTES FOR THE SPECIAL CITY COUNCIL BUDGET
MEETINGS OF MAY 6, 2009 AND MAY ,13, 2009, AND THE REGULAR
CITY COUNCIL MEETING OF MAY 26, 2009; (ADMINISTRATION)
RECOMMENDATION: Approve as submitted.
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MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — JUNE 8, 2009
A-2 APPROVAL OF RESOLUTION NO. 27-09 ADOPTING THE IDENTITY
THEFT PREVENTION PROGRAM; (ADMINISTRATIVE SERVICES)
RECOMMENDATION: Adopt Resolution No. 27-09.
A-3 REVISIONS TO THE WATER SYSTEM SUPERVISOR JOB DESCRIPTION;
(ADMINISTRATIVE SERVICES)
RECOMMENDATION: Accept the revised job description for the Water System
Supervisor position.
A4 APPROVAL OF SETTLEMENT AGREEMENT IN CITY OF MORRO BAY V.
MARTONY/PEKAREK; (CITY ATTORNEY)
RECOMMENDATION: Approve the settlement agreement between the City and
William Martony and Bernadette Pekarek.
A-5 PROCLAMATION THANKING PETE ZOTOVICH FOR HIS LEADERSHIP
ROLE AS PRINCIPAL OF MORRO BAY HIGH SCHOOL;
(ADMINISTRATION)
® RECOMMENDATION: Adopt Proclamation.
Councilmember Winholtz pulled Items A-1 and A-2 from the Consent Calendar;
Councilmember Smukler pulled Item A-3; and Mayor Peters pulled Item A-5.
MOTION: Councilmember Grantham moved the City Council approve Item A4 of
the Consent Calendar. The motion was seconded by Councilmember
Borchard and carried unanimously. (5-0)
A -I APPROVAL OF MINUTES FOR THE SPECIAL CITY COUNCIL BUDGET
MEETINGS OF MAY 6, 2009 AND MAY 13, 2009, AND THE REGULAR
CITY COUNCIL MEETING OF MAY 26, 2009; (ADMINISTRATION)
Councilmember Winholtz made the following amendment to the minutes of the regular
City Council meeting of May 26, 2009, page 3, Item A-2 (Resolution To Authorize A
Six -Month License Agreement For Use Of City Facilities With Big Rock
Charters/Chablis): "Councilmember Winholtz withdrew her requested amendments, but
stated she would want to charge $500 per month for deekege slip fees."
MOTION: Councilmember Winholtz moved the City Council approve Item A-1 of
the Consent Calendar as amended. The motion was seconded by
is Councilmember Grantham and carried unanimously. (5-0)
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MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — JUNE 8, 2009
A-2 APPROVAL OF RESOLUTION NO. 27-09 ADOPTING THE IDENTITY
THEFT PREVENTION PROGRAM; (ADMINISTRATIVE SERVICES)
There was no discussion on this item.
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 REVISIONS TO THE WATER SYSTEM SUPERVISOR JOB DESCRIPTION;
(ADMINISTRATIVE SERVICES)
Councilmember Smukler referred to the job qualification of residency permitting a 20-
minute response time for call backs, and noted he would like to shorten that time period
due to the potential nature of emergencies in that position.
Public Services Director Bruce Ambo stated there is a difficulty in recruiting close to our
area, which is not unique in the county. He said they are very conscientious of the 20-
minute response time, and are aware that it has not been a problem as of yet.
Councilmember Winholtz stated she is in opposition to filling this position because the
City is still in a hiring freeze and still needs to consider some restructuring in the
organization.
MOTION: Councilmember Grantham moved the City Council approve Item A-3 of
the Consent Calendar. The motion was seconded by Councilmember
Smukler and carried with Councilmember Winholtz voting no. (4-1)
A-5 PROCLAMATION THANKING PETE ZOTOVICH FOR HIS LEADERSHIP
ROLE AS PRINCIPAL OF MORRO BAY HIGH SCHOOL;
(ADMINISTRATION)
Mayor Peters pulled this item in order to present this Proclamation to Morro Bay High
School Principal Peter Zotovich.
MOTION: Councilmember Borchard moved the City Council approve Item A-5 of
the Consent Calendar. The motion was seconded by Councilmember
Grantham and carried unanimously. (5-0)
Mayor Peters called for a break at 9:00 p.m.; the meeting resumed at 9:10 p.m.
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MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — NNE 8, 2009
B. PUBLIC HEARINGS. REPORTS & APPEARANCES
B-1 RESOLUTION APPROVING AN APPLICATION, FUNDING AND THE
EXECUTION OF A GRANT AGREEMENT FROM THE GENERAL
ALLOCATION OF THE STATE COMMUNITY DEVELOPMENT BLOCK
GRANT PROGRAM; (PUBLIC SERVICES)
Housing Programs Coordinator Christine Rogers stated the State Community
Development Block Grant (CDBG) program distributes funds from the Federal
Department of Housing and Urban Development to assist communities by providing
housing and essential public services and community facilities to meet the urgent needs
of low-income persons. The California Department of Housing and Community
Development (HCD) recently released a Notice of Funding Availability for the "2009/10
CDBG General Allocation". This year's allocation is $15 million, and HCD expects
applications will exceed available funding and the award process will be highly
competitive. Ms. Rogers recommended the City Council adopt Resolution No. 28-09
directing staff to prepare an application to include the following activities: 1) General
Program Administration for $49,500; 2) Public Improvements — Sewer Repairs for
$400,000; 3) Public Improvements - Public Access Improvements for $200,000; and 4)
® Set -Aside — Public Facilities and Improvements for $60,000. It was also recommended
the City Council authorize the Public Services Director to act on the City's behalf in all
matters pertaining to this application, including but not necessarily limited to executing
the grant agreement and any subsequent amendments with the State of California for the
purposes of this grant.
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.
28-09 approving an application, funding and the execution of a Grant
Agreement from the General Allocation of the State Community
Development Block Grant Program. The motion was seconded by
Councilmember Smukler and carried unanimously. (5-0)
B-2 REVIEW AND APPROVE THE MEMORANDUM OF UNDERSTANDING
BETWEEN THE CITY OF MORRO BAY AND THE MORRO BAY PUPS
FOR THE CONSTRUCTION AND MAINTENANCE OF THE DEL MAR
PARK OFF -LEASH DOG AREA; (RECREATION & PARKS)
Recreation & Parks Director Joe Woods 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 March 23, 2009, the Morro Bay City council amended the Del Mar Park
Master Plan and approved Special Use Permit 243 for the development of the off -leash
dog park, including perimeter fencing of approximately one -acre area within the
southwesterly portion of Del Mar Park. In order to proceed with the project, an
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MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — JUNE S, 2009
agreement between the City and the Morro Bay Pups for the dog park construction,
operation, and maintenance must be established. On May 21, 2009 the Recreation &
Parks Commission reviewed the Memorandum of Understanding (MOU) and
recommended the City Council review and approves to allow the project to continue. Mr.
Woods recommended the City Council review and approve the MOU between the City of
Morro Bay and the Morro Bay Pups for the construction, operation, and maintenance of
the off -leash dog park at Del Mar Park. This will reflect the City Council's goal to
encourage community involvement, volunteerism, participation and contributions.
Mayor Peters opened the hearing for public comment.
Joe Hoefflich from Morro Bay Pups stated he is available for questions from the Council.
Mayor Peters closed the public comment hearing.
Councilmember Smukler suggested removing the following words on page 4, under
Section 2. (Maintenance), paragraph one, of the Memorandum of Understanding:
The City shall perform the regular mowing of the turf at least eeee
ever-y two weeks, watering, fertilizing, and pest control of the turf, and
® trimming and care of the trees on the same schedule as the other turf and
trees in Del Mar Park....
Councilmember Winholtz expressed concern with the use of herbicides and pesticides on
the surrounding areas.
MOTION: Councilmember Borchard moved the City Council approve the
Memorandum of Understanding between the City of Morro Bay and the
Morro Bay Pups for the construction, operation, and maintenance of the
off -leash dog park at Del Mar Park, with the amendment to remove the
words on page four, under Section 2. (Maintenance) paragraph one, "at
least once every two weeks". The motion was seconded by
Councilmember Smukler and carried unanimously. (5-0)
B-3 REVIEW OF THE DRAFT HOUSING ELEMENT; (PUBLIC SERVICES)
Public Services Director Bruce Ambo stated according to State law, each jurisdiction
must update its Housing Element approximately every five to seven years, with specific
deadlines established by the State Department of Housing and Community Development.
The City of Morro Bay is required to have a certified updated Housing Element by
August 2009. The Housing Element is considered the primary policy document for any
given jurisdiction to guide the development, rehabilitation, and preservation of housing
® for all economic segments of the City's population. Accordingly, the City's Housing
Element includes the identification and analysis of the existing and projected housing
needs of the City. The document also contains goals, policies, and objectives along with
implementation programs for the preservation, improvement, and development of the
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MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING —NNE 8, 2009
range of housing needs. Mr. Ambo recommended the City Council approve the Draft
Housing Element and direct staff to submit the document to the State Department of
Housing and Community Development for a mandatory pre -review prior to final
adoption and certification.
Mayor Peters opened the hearing for public comment.
Michael Durick requested Council not allow single-family residential homes in multi
residential zones without a conditional use permit process with public input in a public
hearing.
Mayor Peters closed the public comment hearing.
Councilmember Winholtz reviewed amendments to various sections of the Draft Housing
Element with Council commenting and/or concurring with the amendments.
MOTION: Councilmember Winholtz moved the City Council approve the Draft
Housing Element with the amendments made by Council, and direct staff
to submit the document to the State Department of Housing and
Community Development for a mandatory pre -review prior to final
adoption and certification. The motion was seconded by Councilmember
Grantham and carried unanimously. (5-0)
B4 ADOPTION OF THE SEWER SYSTEM MANAGEMENT PLAN; (PUBLIC
SERVICES)
Utilities/Capital Projects Manager Dylan Wade stated in 2006 the State Water Resources
Control Board adopted Order No. 2006-003 General Waste Discharge Requirements for
Wastewater Collections Agencies. One requirement of this order is that all public
wastewater collections systems in the State of California are required to reduce the risks
to Public Health and the environment by creating a Sewer System Management Plan
(SSMP). The purpose of the SSMP is to implement a set of Best Management Practices
into the operations of all the collection systems in the State. Approved SSMP's are to be
completed by August 2009. Mr. Wade recommended the City Council adopt the Sewer
System Management Plan as completed.
Mayor Peters opened the hearing for public comment; there were no comments, and Mayor
Peters closed the public comment hearing.
MOTION: Councilmember Borchard moved the City Council adopt the Sewer
System Management Plan as completed. The motion was seconded by
® Councilmember Grantham and carried unanimously. (5-0)
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MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — JUNE 8, 2009
B-5 EXTENSION OF AN INTERIM URGENCY ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF MORRO BAY 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. Such an interim urgency measure requires a 4/5 vote of the city council for
adoption. The council may extend such an interim urgency ordinance for 10 months and
15 days and, subsequently, it may further extend the interim urgency ordinance for an
additional one-year period. The City Council initially granted an Interim Urgency
Ordinance for 45 days and then for 10 months and 15 days. Staffs is now recommending
that 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. 549, which would extend the previously
enacted 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.
Mayor Peters opened the hearing for public comment.
Trisha Night representing MetroPCS, expressed objection to the proposed extension of
the moratorium on wireless facilities within the City of Morro Bay. She said this
proposed extension would put a burden on wireless telecommunications companies to
move forward with applications.
Mayor Peters closed the public comment hearing.
MOTION: Councilmember Winholtz moved the City Council adopt Interim Urgency
Ordinance No. 549 establishing a temporary moratorium on the
acceptance, processing and approval of applications and permits to
construct, modify of place 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 Smukler and carried
unanimously. (5-0)
is City Manager Andrea Lueker read Interim Urgency Ordinance No. 549 by number and
title only.
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MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING —NNE 8, 2009
C. UNFINISHED BUSINESS
C-1 AMENDMENT TO THE GENERAL FUNDS 2009/10 BUDGET AND
RESOLUTION NO. 30-09 TO ADOPTING THE 2009/10 OPERATING
BUDGETS
City Manager Andrea Lueker stated at the May 26, 2009 regular City Council meeting,
Council members voiced their dissatisfaction with the fiscal year 2009/10 General Fund
operating budget as related to the loan from the Water Revenue Fund. The loan was to
cover two expenditure categories:
1. Approximately $160,000 was the annual estimated cost of the water that General
Fund departments used. These water costs have traditionally been paid by the
water fund. However, this year in an effort for increased clarity, staff portrayed
the amount as a loan with the intent to reflect the amount as a true General Fund
liability.
2. The second amount is approximately $228,000, and represents salaries that were
transferred in 2005 to the Water Revenue Fund. These salaries have continued to
be paid by the Water Fund since that time.
The total amount of the loan is $388,000. After discussion at the May 26`" meeting, the
® City Council directed staff to meet and confer with the unrepresented employee groups in
an effort to find the funds, as well as locating the funds from any other available
resources. Ms. Lueker recommended the City Council accept one of the recommended
amendments to the General Fund's 2009/10 budget and adopt Resolution No. 30-09.
Councilmember Winholtz stated staff has done an exceptional job in providing a
balanced budget; however, there is still a structural deficit and cuts need to be made.
Councilmember Borchard stated it is appropriate to look at the City Attorney's time in
the Enterprise Fund, and she would like to revisit the Visitor Center contract.
Councilmember Smukler stated there still should be expenditure cuts. He said he would
like to consider tiered benefits before any new employees are hired. Councilmember
Smukler stated he would like to save jobs and keep services at a level as high as possible.
Councilmember Grantham stated he supports staffs proposal of Option.#1 and passage
of the budget.
Mayor Peters stated there is not an immediate emergency, with opportunity to make
changes for fiscal year 2010/11. She said she supports stabs proposal of Option 91 and
passage of the budget.
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MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — JUNE 8, 2009
MOTION: Mayor Peters moved the City Council accept staffs amendment, Option #
1 to the General Fund's 2009/10 budget which eliminates the $388,000
loan from the Water Fund, adopt Resolution No. 30-09, and direct staff to
make the appropriations for the 2009/10 fiscal year. The motion was
seconded by Councilmember Grantham and failed with Councilmember
Borchard, Councilmember Smukler and Councilmember Winholtz voting
no. (2-3)
City Manager suggested the City Council set a date for a budget workshop
The City Council had consensus to accept the Enterprise Fund on City Attorney time.
Councilmember Borchard suggested staff consider furloughs, golden handshake
retirement plans, closing the teen center, the website including the Visitor Center, the
Informational Technician Department.
Councilmember Winholtz suggested staff consider layoffs and restructuring the Public
Services and Police Departments.
® The City Council scheduled a workshop for Monday, June 29te at 5:00 p.m.
No further action was taken on this item.
D. NEW BUSINESS
D-1 CONSIDERATION OF THE CITY'S PARTICIPATION IN THE VECTOR
CONTROL ASSESSMENT DISTRICT; (ADMINISTRATION)
City Manager Andrea Lueker stated the City has received Official Assessment Ballots for
City -owned property to either approve the proposed assessment for mosquito, vector and
disease control services, or to not approve the services. The ballots are to be returned to
the San Luis Obispo County Clerk by June 23, 2009. Ballots are weighted by the
proposed amount of assessment and will be tabulated accordingly. The assessment shall
not be imposed if, at the conclusion of the public hearing, weighted ballots submitted in
opposition to the assessment exceed the weighted ballots submitted in favor of the
assessment. Ms. Lueker recommended the City Council consider the Vector Control
Assessment District and approve or not approve the City's participation.
Councilmember Grantham expressed support in participating in the Vector Control
Assessment District due to the transmitting of diseases by insects or rodents to humans.
® MOTION: Councilmember Winholtz moved the City Council not approve the City's
participation in the Vector Control Assessment District. The motion was
seconded by Councilmember Borchard and carried with Councilmember
Grantham voting no. (4-1)
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MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — JUNE 8, 2009
D-2 CONSIDERATION OF FUNDING ALLOCATION FOR THE EXECUTIVE
DIRECTOR OF THE HOMELESS SERVICES OVERSITE COUNCIL;
(ADMINISTRATION)
City Manager Andrea Lueker stated on January 26, 2009, the City Council received a
presentation from Dana Lilley, representing the Transition Team on the 10-Year Plan to
End Homelessness in San Luis Obispo County. Following the presentation, the City
Council, by unanimous vote approved the following: 1) receive the 10-Year Plan to End
Homelessness in San Luis Obispo County; 2) endorse its guiding principles; 3) use the
plan to guide future decisions; and 4) appoint Councilmember Grantham as the City's
representative on the governing body. The Leadership Council is requesting a financial
contribution from the City as well as a number of other organizations to help pay for a
staff person who would support and guide the proposed Homeless Services Oversight
Council. The fiscal impact for the City of Morro Bay is $1,268.50 for fiscal year 2009/10
and $1,268.50 for fiscal year 2010/11 to the Housing In -Lieu Fund. Ms. Lueker
recommended the City Council consider funding the position of Executive Director of the
Homeless Services Oversight Council.
MOTION: Councilmember Grantham moved the City Council approve the City's
is funding allocation in the amount of $2,537 for a two-year period, funded
out of the Housing In -Lieu Fund for the Executive Director of the
Homeless Services Oversight Council. The motion was seconded by win
and carried unanimously. (5-0)
11
D-3 RESOLUTION NO. 29-09 OPPOSING THE PASSAGE OF ASSEMBLY BILL 761
WHICH WOULD ESTABLISH STATEWIDE VACANCY DECONTROL FOR ALL
MOBILEHOME RENT CONTROL; (COUNCIL)
City Attorney Robert Schultz stated residents in mobilehome parks own the homes in
which they reside, but pay rent for the park space on which the home is physically
located. In Morro Bay, the space rent is subject to our local rent control ordinance.
However, Assembly Bill (AB) 761 would allow the owners of privately owned parks to
raise to market -rate levels the space rent beneath a home on the sale of that home by the
owner. This vacancy decontrol, as it is called, would occur whether or not the
community has a rent control ordinance. AB 761 has been re -submitted to the State
Assembly Committee on Housing and Community Development where it passed last
month on a vote of 4-2. This is an opportunity for the City to express its support for
mobilehome rent control and to influence the vote to go the other way. Mr. Schultz
recommended the City Council adopt Resolution No. 29-09 opposing the passage of AB
761, which would establish statewide vacancy decontrol for all mobilehome rent control.
13
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — JUNE 8, 2009
I]
MOTION: Councilmember Grantham moved the City Council adopt Resolution No.
29-09 opposing the passage of AB 761, which would establish statewide
vacancy decontrol for all mobilehome rent control with the following
addition: Whereas . The motion was seconded by Councilmember
Winholtz and carried unanimously. (5-0)
E. DECLARATION OF FUTURE AGENDA ITEMS
Councilmember Borchard requested to agendize a discussion on extending a hiring freeze
on the Enterprise Fund to include all City employees.
Councilmember Grantham requested to agendize a discussion on the closure of State
Parks.
ADJOURNMENT
The meeting adjourned at 10:47 p.m.
Recorded by:
��G�akeM
Bridgett Bauer
City Clerk
1
14
n
NOTICE OF SPECIAL MEETING
NOTICE IS HEREBY GIVEN that the Morro Bay City Council will be holding a
Special Meeting on Thursday. June 4. 2009 at 5:00 a.m. to be held in the City Hall
Conference Room located at 209 Surf Street, Morro Bay, California. The City Council will be
previewing the agenda for the Morro Bay/Cayucos Sanitary District Joint Powers Authority
meeting as follows:
JOINT MEETING
CITY OF MORRO BAY AND CAYUCOS SANITARY DISTRICT
WASTEWATER TREATMENT PLANT
(UNDER JOINT POWERS AGREEMENT)
Cayucos Sanitary District Board of Directors:
Robert Enns, President
R.H. Bud McHale, Vice -President
Harold Fones, Director
Michael Foster, Director
Shirley Lyon, Director
AGENDA
MEETING DATE:
6:00 p.m., Thursday, June 4, 2009
HOSTED BY:
Cayucos Sanitary District
CALL TO ORDER AND ROLL CALL
City of Morro Bay City Council:
Janice Peters, Mayor
Betty Winholtz, Vice -Mayor
Noah Smukler, Councilmember
Carla Borchard, Councilmember
Rick Grantham, Councilmember
MEETING PLACE:
Cayucos Veterans Hall
10 Cayucos Drive
Cayucos, CA 93430
PUBLIC COMMENT PERIOD
Members of the audience wishing to address the governing bodies on Morro Bay-Cayucos
Wastewater Treatment Plant (WWTP) business matters may do so at this time. By the
conditions of the Brown Act, the governing bodies may not discuss issues not on the agenda, but
may set items for future agendas. When recognized by the Chair, please come forward to the
podium and state your name and address for the record. Comments should be limited to three
minutes.
A. CONSENT CALENDAR
1. Minutes of March 19, 2009 Meeting — Recommend approve.
2. Wastewater Treatment Plant (WWTP) Operations Report through April, 2009 —
Recommend receive and file
3. Status Report on the EIR for the WWTP Upgrade project
4. Status Report on the Design Process for the WWTP Upgrade Process —
® Recommend receive and file
5. Financial Status Report as of May 31, 2009. — Recommend receive and file
6. Status Report on JPA Technical Subcommittee — Recommend receive and file
B. OLD BUSINESS
Discussion of a Five Year Capital Improvements and Facility Maintenance
Expense Plan for the WWTP — Recommend receive
2. Status of Analysis of Statement of Net Assets for FY 2006 and 2007 Relating to
"Cash and Cash Equivalents"
3. Status Report: FY 2007-2008 WWTP Audit
C. NEW BUSINESS
1. Invoice for 3rd Quarter of FY 2008 — 2009 — Recommend Approve
2. Proposed Budget for WWTP FY 2009-2010 —Recommend Approve
3. Discussion and Consideration to Amend the JPA Agreement for the Process of
Presenting Invoices for Payment for Operations and Maintenance Expenses
4. Schedule Next Joint Meeting and Agenda Items
ADJOURNMENT - (Next meeting will be hosted by the City of Mono Bay)
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: March 11, 2009
Bridgett Ba r, City Clerk
E
E
F
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 Thursday, June 4, 2009 at 4:30
p.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 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.
DATED: May 29, 2009
��
Bridgett uer, 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 Embarcadero 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
® 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 26, 2009
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
Aga will be appreciated.
In compliance with the Americans with Disabilities Act, if you need special assistance to
® participate in this meeting, please contact the City Clerk, (805) 772-6205. Notification 72
hours prior to the meeting will enable the City to make reasonable arrangements to ensure
accessibility to this meeting.
A. CONSENT CALENDAR
Unless an item is pulled for separate action by the City Council, the following actions are
approved without discussion.
A-1 APPROVAL OF MINUTES FOR THE REGULAR CITY COUNCIL MEETING
OF MAY 11, 2009; (ADMINISTRATION)
RECOMMENDATION: Approve as submitted.
A-2 RESOLUTION TO, AUTHORIZE A SIX-MONTH LICENSE AGREEMENT
FOR USE OF CITY FACILITIES WITH BIG ROCK CHARTERS/CHABLIS;
(HARBOR)
RECOMMENDATION: Adopt Resolution No. 26-09.
A-3 ADOPTION OF ORDINANCE NO. 548 REPEALING, AMENDING, AND
REENACTING TITLE 10 VEHICLES AND TRAFFIC OF THE MORRO BAY
MUNICIPAL CODE; (POLICE)
is RECOMMENDATION: Adopt Ordinance No. 548.
A-4 RESOLUTION NO. 25-09 ADOPTING FISCAL YEAR 2009/10 OPERATING
BUDGET; (ADMINISTRATIVE SERVICES)
RECOMMENDATION: Adopt Resolution No. 25-09.
A-5 STATUS REPORT ON APPLICATIONS FOR ECONOMIC STIMULUS
FUNDING; (ADMINISTRATION)
RECOMMENDATION: Receive report for information.
B. PUBLIC HEARINGS. REPORTS & APPEARANCES
B-1 DISCUSSION/INTERPRETATION OF GENERAL PLAN AND LOCAL
COASTAL PLAN POLICIES RELATING TO THE LOCATION AND
PLACEMENT OF COMMERCIAL AND RECREATIONAL FACILITIES IN
THE BAY IN THE AREA OF THE CITY WEST OF MAIN STREET
BETWEEN ACACIA AND BARLOW; (CITY ATTORNEY)
RECOMMENDATION: Direct staff to interpret the City's General Plan/Local
Coastal Plan to allow for commercial uses in the Bay/Tidelands area of the
® City west of Main Street between Acacia and Barlow, subject to a project -by -
project review and environmental analysis.
4
C. UNFINISHED BUSINESS
® C-1 RESOLUTION NO. 24-09 APPROVING THE GREEN BUILDING
INCENTIVES PROGRAM; (PUBLIC SERVICES)
RECOMMENDATION: Adopt Resolution No. 24-09.
D. NEW BUSINESS
D-I PRESENTATION ON IMPLEMENTATION ON GOALS A & B FROM THE
MANAGEMENT PARTNERS GOAL SETTING WORKSHOP;
(ADMINISTRATION)
RECOMMENDATION: Discuss and direct staff accordingly.
D-2 APPROVAL OF RESIDENTIAL LISTING AGREEMENT WITH MORRO
BAY REALTY FOR EXCLUSIVE AUTHORIZATION AND RIGHT TO SELL
THE CITY -OWNED PROPERTY AT THE SEC OF CORAL AND SAN
JACINTO; (CITY ATTORNEY)
RECOMMENDATION: Authorize the City Manager to execute a Residential
Listing Agreement with Morro Bay Realty to sell the property at the SEC of
Coral and San Jacinto.
Is E. DECLARATION OF FUTURE AGENDA ITEMS
F. 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.
3
® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — MAY 26, 2009
VETERANS MEMORIAL HALL - 6:00 P.M.
11
Mayor Peters called the meeting to order at 6:00 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
BruceAmbo
Dan Doris
Rob Livick
Tim O►ivas
Mike Pond
Christine Rogers
Susan Slayton
Joe Woods
ESTABLISH QUORUM AND CALL TO ORDER
MOMENT OF SILENCE
PLEDGE OF ALLEGIANCE
City Manager
City Attorney
City Clerk
Harbor Director
Public Services Director
Building Official
City Engineer
Police Commander
Fire Chief
Housing Programs Coordinator
Administrative Services Director
Recreation & Parks Director
MAYOR AND COUNCIL MEMBERS REPORTS, ANNOUNCEMENTS &
PRESENTATIONS
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 thanked the City Council for authorizing the Fire Chief to hire an additional
full time paramedic/firefighter.
Garry Johnson announced the first annual Morro Photo Expo would be held the weekend
of.October 23-25, 2009, noting George Lepp would be the keynote speaker and Cannon
would be sponsoring this event. He said people could pre -register at www.morrobay.ore.
Beth Fillerup, SLO Green Build, announced a Green Retrofit Sweepstake sponsored by
PG&E where eight residents within the County can win money for approved energy -
efficiency upgrades to an older home; the deadline to submit the application is June 15.
® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — MAY 26, 2009
Dan Glessman addressed the City's serious financial position. He said historically Morro
Bay's economy has been fueled by the power plant, fishing and tourism, and presently
Morro Bay is left with tourism. Mr. Glessman stated short-term, the only variable
Council can control is expenditure. He requested the Council act now and get the
structural deficit under control.
Michael Durick requested the City Council decline the approval of Item A4 (Resolution
No. 25-09 adopting Fiscal Year 2009/10 Operating Budget), stating approval of a deficit
spending budget would be a violation of public trust. Mr. Durick said he went to the
Visitor Center over the Memorial Day weekend to find it was closed; which he finds is
not a good bargain for what the City pays for its services.
Lynda Merrill requested the City include the respect of the City's wildlife in its motto
"Discover Your Better Nature". She referred to Item D-2 (Approval of Residential
Listing Agreement with Morro Bay Realty for Exclusive Authorization and Right to Sell
the City -Owned Property at the SEC of Coral and San Jacinto) and requested the funds of
the sale of this property go towards the North Morro Bay Fire Department. Ms. Merrill
also expressed support for Item A-2 (Resolution to Authorize a Six -Month License
is Agreement for Use of City Facilities with Big Rock Charters/Chablis) and Item A-3
(Adoption of Ordinance No. 548 Repealing, Amending, and Reenacting Title 10 Vehicles
and Traffic of the Morro Bay Municipal Code).
Hank Roth announced there would be a Car Seat Check -Up at Spencer's Market on June
17`s from 10 a.m. - 2:00 p.m.
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.
A-1 APPROVAL OF MINUTES FOR TIME REGULAR CITY COUNCIL MEETING
OF MAY 11, 2009; (ADMINISTRATION)
RECOMMENDATION: Approve as submitted.
A-2 RESOLUTION TO AUTHORIZE A SIX-MONTH LICENSE AGREEMENT
FOR USE OF CITY FACILITIES WITH BIG ROCK CHARTERS/CHABLIS;
(HARBOR)
0 RECOMMENDATION: Adopt Resolution No. 26-09.
® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING —MAY 26, 2009
A-3 ADOPTION OF ORDINANCE NO. 548 REPEALING, AMENDING, AND
REENACTING TITLE 10 VEHICLES AND TRAFFIC OF THE MORRO BAY
MUNICIPAL CODE; (POLICE)
RECOMMENDATION: Adopt Ordinance No. 548.
A4 RESOLUTION NO. 25-09 ADOPTING FISCAL YEAR 2009/10 OPERATING
BUDGET; (ADMINISTRATIVE SERVICES)
RECOMMENDATION: Adopt Resolution No. 25-09.
A-5 STATUS REPORT ON APPLICATIONS FOR ECONOMIC STIMULUS
FUNDING; (ADMINISTRATION)
RECOMMENDATION: Receive report for information.
Councilmember Winholtz pulled Items A-2 and A-4 from the Consent Calendar.
Is MOTION: Councilmember Borchard moved the City Council .approve the Consent
Calendar with the exception of Items A-2 and A-4. The motion was
seconded by Councilmember Smukler and carried unanimously. (5-0)
A-2 RESOLUTION TO AUTHORIZE A SIX-MONTH LICENSE
AGREEMENT FOR USE OF CITY FACILITIES WITH BIG ROCK
CHARTERS/CHABLIS; (HARBOR)
Councilmember Winholtz referred to the Berthing —License Agreement, and requested to
delete the last sentence of #2: "Any holdover of this license shall be on a month -to -month
basis with prior written permission of the City and rent for any holdover period shall be
as hereinafter set forth'; and, delete the last sentence in #4: "City does not desire to have
any holdover of this agreement, but should licensee holdover; Rental for any holdover
period shall be $1500 per month. Rental payments for any period less than one complete
month shall be made on a pro-rata basis." The City Attorney stated it would not be in the
best interest of the City to remove these holdover clauses. Councilmember Winholtz
withdrew her requested amendments, but stated she would want to charge $500 per
month for slip fees.
MOTION: Councilmember Grantham moved the City Council adopt Resolution No.
26-09 approving a six-month license agreement between the City of Morro
® Bay and Big Rock Charters. The motion was seconded by
Councilmember Smukler and carried unanimously. (5-0)
® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — MAY 26, 2009
A4 RESOLUTION NO. 25-09 ADOPTING FISCAL YEAR 2009/10 OPERATING
BUDGET; (ADMINISTRATIVE SERVICES)
Councilmember Winholtz, Councilmember Borchard and Councilmember Smukler
expressed opposition to the adoption of the Fiscal Year 2009/10 Operating Budget at this
time.
MOTION: Councilmember Grantham moved the City Council adopt Resolution No.
25-09 adopting the Fiscal Year 2009/10 Operating Budget. The motion
was seconded by Mayor Peters and failed with Councilmember Borchard,
Councilmember Smukler and Councilmember Winholtz voting no. (2-3)
Mayor Peters recommended continuing discussion on Item A4 until after the Public
Hearing item; Council concurred.
Mayor Peters called for a break at 7:00 p.m.; the meeting resumed at 7:10 p.m.
is
The City Council further discussed the Fiscal Year 2009/10 Operating Budget.
MOTION: Councilmember Grantham moved the City Council adopt Resolution No.
25-09 adopting the Fiscal Year 2009/10 Operating Budget, and direct the
City Manager to initiate conversations and/or negotiations with the non-
union groups with the intention of cutting a minimum of $300,000 in the
budget. The motion was seconded by Mayor Peters and failed with
Councilmember Borchard, Councilmember Smukler and Councilmember
Winholtz voting no. (2-3)
MOTION: Councilmember Winholtz moved the City Council direct staff to schedule
a special meeting to discuss the budget and present options to the City
Council to locate $388,000 within the non -union groups and any other
available resources. The motion was seconded by Councilmember
Smukler and carried with Councilmember Grantham and Mayor Peters
voting no. (3-2)
L11
® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — MAY 26, 2009
B. PUBLIC HEARINGS REPORTS & APPEARANCES
B-I DISCUSSION/INTERPRETATION OF GENERAL PLAN AND LOCAL
COASTAL PLAN POLICIES RELATING TO THE LOCATION AND
PLACEMENT OF COMMERCIAL AND RECREATIONAL FACILITIES IN
THE BAY IN THE AREA OF THE CITY WEST OF MAIN STREET
BETWEEN ACACIA AND BARLOW; (CITY ATTORNEY)
City Attorney Robert Schultz stated the City's General Plan and Local Coastal Plan
policies relating to the location and placement of commercial uses, commercial fishing
uses and recreational boating uses in the Bay in the area of the City west of Main Street
between Acacia and Barlow has been the subject of controversy for a while. Many
residents in this area have spoken at public comment that commercial uses are not
allowed. This controversy has caused confusion and frustration for staff and applicants,
particularly with regard to what are the allowable uses in the area of the City west of
Main Street between Acacia and Barlow. In an effort to reduce this controversy and
provide more certainty in the planning process, the Harbor Advisory Board and Planning
Commission held public hearings and provided recommendations on the interpretation of
® the City's General Plan and Local Coastal Plan policies on these issues. In addition, staff
has spent many hours researching files and minutes to determine the legislative history of
the City's policies. Mr. Schultz recommended the City Council discuss and interpret the
applicable City General Plan and Local Coastal Plan policies related to the location and
placement of commercial and recreational facilities in the Bay, and provide input to staff.
It is staffs interpretation that in the area of the City west of Main Street between Acacia
and Barlow, commercial uses are allowed in the Bay/Tidelands area, subject to a project -
by -project review and environmental analysis.
11
Mayor Peters opened the hearing for public comment.
Jim Phillips, Member of the Harbor Advisory Board, stated the City should consider the
commercial nature of this portion of the waterfront in mind. He said the commercial and
water -oriented activity on the waterfront has declined and has been replaced with non-
commercial uses or residential, and the commercial space is lost forever. Mr. Phillips
requested the Council interpret the use as a water -oriented commercial use and consider
each permit on a project -by -project case based on environmental analysis.
Phil Hill, Member of the Liveaboard Association, stated the only haul -out facility in
Morro Bay is along this area, and it is a necessary part of this community. He said it is
ill advised to not use the resources that the City has to offer.
5
® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — MAY 26, 2009
Ed Ewing stated there have always been commercial uses along this area of the Bay, and
water -oriented commercial uses are always needed and should always be provided in the
City.
Bill Newman stated there should be a revised policy written instead of a reinterpretation
of the use in this area.
Jane Heath, Attorney representing Bill Martony and Bernadette Pekarek, stated there are
missing definitions in the policy. She said there has been consistent concern over the
impacts of commercial activity to the mixed -use residential in this area, and the City
needs to define the land use and then consider how to clarify the policy.
Bernadette Pekarek stated there are no other zoning issues other than in front of her
property. She said the Local Coastal Plan was clear on the uses of their property when
they purchased their house. Ms. Pekarek stated their main intent for the lease sites was
for mariculture, which is stated as the #1 use in the harbor zone. She said neighborhood
compatibility is important to this area, and offshore energy supply operation is not
allowed at this end of the Bay and not compatible with the surrounding neighborhood.
is Bill Martony stated the issue has always been what type of waterfront uses has been
appropriate for this lease site. He said policies state that land south of Tidelands Park for
any new use is for priority recreational and fishing only; the fuel dock is legal non-
conforming.
11
Allen Hockstettler stated his family owned a mooring launch service from the 1940's —
1960's. He said there were no commercial boats permanently moored in this area during
the 1960's-1980's. Mr. Hockstettler stated the mooring of the Chablis would be a good
idea, but not for boarding purposes.
Bob Tefft stated the interpretation of the policy is recreational uses are allowed and
commercial uses are not. He said the Land Use Plan states mixed harbor uses should be
for recreational boating and fishing uses rather than for commercial fishing.
Jeremiah O'Brien, President of the Commercial Fishermen's Organization, spoke in
support of the owner of the local tug service that has been referenced. He urged Council
consider jobs that this boat owner offers during this economic period.
Kim Kolb stated this neighborhood has never meant to operate on a large scale, and
requested Council protect the integrity and quality of life of this neighborhood.
n.
® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — MAY 26, 2009
Michael Durick read a letter into the record from Dorothy Cutter who gave a complete
history of the zoning of this area. Ms. Cutter's letter will be attached to the original staff
report, which will be kept on file.
Mayor Peters closed the public comment hearing.
Councilmember Grantham stated he would like a more consistent recommendation from
the City's Commission/Advisory Boards on the interpretation of the policy.
Councilmember Winholtz stated business does want to be encouraged; however, the
location should be compatible, and she does not find that tugboats are compatible in this
area. She said this has been an evolutionary process, and should be able to continue in its
natural fashion.
Councilmember Smukler stated there has been some obvious historical commercial uses
in this area. He said components of the recreational boating and fishing uses are
appropriate for this neighborhood.
is to
Borchard stated she would like to find some place for tugboats in order
to have future research of renewable offshore energy, and provide future jobs for this
area.
Mayor Peters stated she supports the interpretation as it stands.
MOTION: Councilmember Smukler moved the City Council forward this item to the
Planning Commission with a full historical review with the zoning issues
for commercial uses in the Bay/Tidelands area of the City west of Main
Street between Acacia and Barlow, and provide Council with further
definition of appropriate commercial uses for that zone. The motion was
seconded by Councilmember Grantham and carried unanimously. (5-0)
Mayor Peters called for a break at 8:50 p.m.; the meeting resumed at 9:00 p.m.
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — MAY 26, 2009
C. UNFINISHED BUSINESS
C-I RESOLUTION NO. 24-09 APPROVING THE GREEN BUILDING
. INCENTIVES PROGRAM; (PUBLIC SERVICES)
Public Services Director Bruce Ambo stated the Green Building Incentive Program
would reward project proponents committed to implementing either broad or focused
sustainability measures. Fee rebates vary depending on the level of commitment and/or
beneficial outcomes, and have been based upon regional norms. A review of the
"Reduced Fee Incentive for Green Building and Low Impact Development" proposal was
conducted by City Council on April 13, 2009 and was approved. Staff was directed to
return with a resolution refining the program structure and process. Mr. Ambo
recommended the City Council adopt Resolution No. 24-09 implementing the Green
Building Incentive Program.
Councilmember Smukler would like to include grey water in the incentive program.
MOTION: Councilmember Smukler moved the City Council adopt Resolution No.
is 24-09 approving the Green Building Incentive Program with the inclusion
of 201/o e-rebate for grey water systems within the optional sustainability
incentive program. The motion was seconded by Councilmember
Winholtz and carried unanimously. (5-0)
D. NEW BUSINESS
D-I PRESENTATION ON IMPLEMENTATION ON GOALS A & B FROM THE
MANAGEMENT PARTNERS GOAL SETTING WORKSHOP; (ADMINISTRATION)
City Manager Andrea Lueker stated during the Goal Setting Workshop held in February
2009, the City Council indicated they were interested in exploring the "What Success
Looks Like" section of the Goal Outcomes document. During the workshop, staff clearly
indicated that any research done and/or information provided would not be completed or
available prior to the 2009/10-budget adoption. The City Council requested staff come
back with some time lines/schedule for completion of the tasks. The time lines were
based on the parameters established by the City Council at the Goal Setting Workshop,
divided into short-term (1-3 months), medium -terns (3-9 months), long-term (9 months+)
and on -going (started/continuing). In late April, staff provided to the City Council a
document entitled Goal Setting Workshop outcomes for 2009 that outlined details to
accomplish the "What Success Looks Like" section as well as proposed time lines for
completion. Ms. Lueker submitted Goal A: Develop and Maintain a Structurally
0 Sustainable Budget, and Goal B: Reduce Overall Administrative Costs for Council
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — MAY 26, 2009
consideration. She recommended Council review Goals A and B as well as the "What
Success Looks Like" and "Timeline" sections from the Goal Setting Workshop
Outcomes for 2009 document, and provide further direction to staff.
Council consensus was to postpone this discussion until after the special meeting on the
budget.
No action was taken on this item.
D-2 APPROVAL OF RESIDENTIAL LISTING AGREEMENT WITH MORRO
BAY REALTY FOR EXCLUSIVE AUTHORIZATION AND RIGHT TO SELL
THE CITY -OWNED PROPERTY AT THE SEC OF CORAL AND SAN
JACINTO; (CITY ATTORNEY)
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 at
SEC Coral/San Jacinto Street. The City received a few unacceptable bids for the
property. In 2006, the City Council decided to subdivide the property to maximize its
value. After the subdivision was completed in 2007, the City re -listed the property for
$2.4 million. To date, the City has received no offers for the property. Due to the lack of
interest in the property, the City Council in 2008 directed staff to prepare and solicit a
Request for Proposals for real estate contract services for the sale of City -owned property
located at the SEC of Coral Avenue and San Jacinto Street. Mr. Schultz recommended
the City Council direct the City Manager to execute a Residential Listing Agreement with
Morro Bay Realty for exclusive authorization and right to sell the City -owned property at
the SEC of Coral Avenue and San Jacinto Street.
MOTION: Councilmember Borchard moved the City Council authorize the City
Manager to execute a Residential Listing Agreement with Morro Bay
Realty to sell the property at the SEC of Coral Avenue and San Jacinto
Street. The motion was seconded by Councilmember Grantham and
carried unanimously. (5-0)
7
® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — MAY 26, 2009
E. DECLARATION OF FUTURE AGENDA ITEMS
Councilmember Winholtz requested to agendize a discussion on Mobilehome Vacancy
Decontrol (AB 761); Council concurred.
Councilmember Grantham requested to agendize a discussion on the feasibility of
providing Internet service through WiFi in Morro Bay; Council concurred.
ADJOURNMENT
The meeting adjourned at 9:37 p.m.
Recorded by:
Bridgett Bauer
City Clerk
10
® [5q City of Morro Bay
Morro Bay, CA 93442
NEW" (805) 772-6200
Eli
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 26, 2009
at 3:00 p.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 54957.6: 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.
DATED: May 21, 2009
Bridge auer, 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
0 PROVIDE ACCESSIBILITY TO THE MEETING.
E
NOTICE OF SPECIAL MEETING
NOTICE IS HEREBY GIVEN that the Morro Bay City Council will be
holding a Special Meeting on Tuesday, May 26, 2009 at 5:00 p.m. to be held at
the Veterans' Memorial Building, 209 Surf Street, Morro Bay, California.
The City Council will be conducting interviews to fill the following vacancies
on the Tourism Business Improvement District Advisory Board:
Four (4) members from the Morro Bay lodging industry
• One (1) member representing hotels with less than 22 rooms
• Two (2) members representing hotels with 50 or less rooms
• One (1) member representing hotels with 51 or more rooms
® Two (2) members from the community -at -large who must be residents and
registered voters of the City of Morro Bay during the term of appointment
The City Council will adjourn to its regular meeting beginning at 6:00 mm.
IN COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT, IF
YOU NEED SPECIAL ASSISTANCE TO PARTICIPATE IN A CITY MEETING,
PLEASE CONTACT THE CITY CLERK'S OFFICE AT LEAST 24 HOURS
PRIOR TO THE MEETING TO INSURE THAT REASONABLE
ARRANGEMENTS CAN BE MADE TO PROVIDE ACCESSIBILITY TO THE
MEETING.
DATED: May 20, 2009
Bridgett B er, City Clerk
11
MORRO BAY CITY COUNCIL
SPECIAL MEETING —MAY 26, 2009
VETERANS MEMORIAL HALL - 5:00 P.M.
®
Mayor Peters called the meeting to order at 5:00 p.m.
PRESENT: Janice Peters
Mayor
Carla Borchard
Councilmember
Rick Grantham
Councilmember
Noah Smukler
Councilmember
Betty Winholtz
Councilmember
STAFF: Andrea Lueker
City Manager
Robert Schultz
City Attorney
ESTABLISH QUORUM AND CALL MEETING TO ORDER
INTERVIEW OF APPLICANTS FOR THE CITY'S TOURISM BUSINESS
IMPROVEMENT DISTRICT ADVISORY BOARD
The City Council conducted interviews to fill vacancies on the Tourism Business
Improvement District Advisory Board. The Advisory Board is to consist of
Four (4) members from the Morro Bay lodging industry:
• One (1) member representing hotels with less than 22 rooms
® • One (1) members representing hotels with 50 or less rooms
• Two (2) member representing hotels with 51 or more rooms; and
Two (2) members from the community -at -large who must be residents and registered
voters of the City of Morro Bay during the term of appointment
The City Council interviewed the following applicants:
Karen Biaggini
Mike Casola
Michele Jacquez
Joan Solu
MOTION: Mayor Peters moved the City Council make the following appointments:
1) Karen Biaggini to represent hotels with 50 or less rooms and serve a
four-year term; 2) Mike Casola to represent hotels with 51 or more rooms
and serve a two-year term; 3) Michele Jacquez to represent hotels with 51
or more rooms and serve a four-year term; and 4) Joan Solu to represent as
member -at -large and serve a three-year term. The motion was seconded
by Councilmember Grantham and carried unanimously. (5-0)
There still remains one member representing hotels with less than 22 rooms, and one
® member -at -large to appoint to the advisory board.
The meeting adjourned to the regular City Council meeting.
® 0 City of Morro Bay
MORRO BAY, CA 93442
mop" (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 15, 2009 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 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 Properties
Negotiating Parties: Potential Buyers and City of Morro Bay.
Negotiations: Voluntary Purchase and Sale.
• Property: Vacant Lot/Comer of Coral/San Jacinto.
Negotiating Parties: Potential Buyers and City of Morro Bay.
Negotiations: Voluntary Purchase and Sale.
DATED: May 12, 2009
Bridgett Ba , 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.
SPECIAL MEETING —MAY 13, 2009
VETERANS MEMORIAL HALL - 6:00 P.M.
209 SURF ST., MORRO BAY, CA
ESTABLISH QUORUM AND CALL TO ORDER
PLEDGE OF ALLEGIANCE
PUBLIC COMMENT PERIOD - Members of the audience wishing to address the Council
on the City budget may do so at this time.
PRESENTATION BY THE CITIZENS OVERSIGHT COMMITTEE
A-1 PRESENTATION: HOW TO PREPARE A ZERO -BASED BUDGET
A-2 CONTINUED DISCUSSION REGARDING SLO VCB FUNDING
A-3 CONTINUED DISCUSSION ON PARKING IN -LIEU FUND
A4 CONTINUED DISCUSSION ON MEASURE Q ALLOCATIONS
A-5 CONTINUED DISCUSSION ON THE 2009/10 OPERATING BUDGET
NEW BUSINESS
B-1 DISCUSSION AND APPROVAL OF THE VISITOR CENTER CONTRACT
ADJOURNMENT
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
® 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 Wednesday, May 13, 2009 at 6:00 p.m.
in the Veterans Memorial Building located at 209 Surf Street, Morro Bay,
California.
The City Council will continue their review of the 2009/10 budget for
® adoption.
DATED: May 7, 2009
1
Bridgettauer, City Clerk
IN COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT, IF YOU NEED
SPECIAL ASSISTANCE TO PARTICIPATE IN A CITY MEETING, PLEASE CONTACT THE
CITY CLERK'S OFFICE AT LEAST 24 HOURS PRIOR TO THE MEETING TO INSURE THAT
REASONABLE ARRANGEMENTS CAN BE MADE TO PROVIDE ACCESSIBILITY TO THE
MEETING.
FINANCE ADMINISTRATION FIRE DEPARTMENT PUBLIC SERVICES
595 Harbor Street 595 Harbor Street 715 Harbor Street 590 Morro Bay Boulevard
HARBOR DEPARTMENT POLICE DEPARTMENT RECREATION & PARKS
® 1275 Embareadero Road 870 Morro Bay Boulevard 1001 Kennedy Way
MINUTES - MORRO BAY CITY COUNCIL
BUDGET MEETING — MAY 13, 2009
® VETERANS MEMORIAL HALL - 6:00 P.M.
Mayor Peters called the meeting to order at 6:00 p.m.
PRESENT: Janice Peters
Mayor
Carla Borchard
Councilmember
Rick Grantham
Councilmember
Noah Smukler
Councilmember
Betty Winholtz
Councilmember
STAFF: Andrea Lueker
Bridgett Bauer
Rick Algert
Bruce Ambo
Janeen Burlingame
John DeRohan
Rob Livick
Mike Pond
Christine Rogers
Susan Slayton
Joe Woods
ESTABLISH QUORUM AND CALL TO ORDER
PLEDGE OF ALLEGIANCE
City Manager
City Clerk
Harbor Director
Public Services Director
Management Analyst
Police Chief
City Engineer
Fire Chief
Housing Programs Coordinator
Administrative Services Director
Recreation & Parks Director
PUBLIC COMMENT PERIOD - Members of the audience wishing to address the
Council on the City budget may do so at this time.
Keith Taylor requested Council support the original issues promoted by the Measure Q
Committee, which are replace the earthquake -damaged fire station, provide equipment
for the public safety employees, maintain the streets and repair the storm drains to
prevent toxic runoff into the bay. He also expressed support for hiring an additional
firefighter.
John Weiss reviewed statistics on tourists that interact and events that are sponsored by
the Visitors Center, and requested the City's continued support by funding the Visitor
Center.
John Sorgenfrei stated all of the events in the City take planning and preparation and the
Visitor Center staff works above and beyond to make them successful. He requested the
City Council continue its support for the Visitors Center and the Community Promotions
Committee before it considers funding for the County VCB.
® MINUTES - MORRO BAY CITY COUNCIL
BUDGET MEETING — MAY 13, 2009
Stuart McElhinney, Vice -President of the Morro Bay Chamber of Commerce read a
statement from Chamber President Andrea Klipfel, which expressed support for the
City's Visitors Center and encouraged continued funding. Ms. Klipfel also noted the
County VCB uses a more generic marketing approach to bring tourists to the County.
Mary Sponhaltz, Police Department dispatcher, reviewed what happens when the battery
backup fails in the Police Department Communication Center, which includes the 911
systems. She urged the City Council to fund the equipment upgrades for communications
from Measure Q funds for the Police Department.
Virginia Hiramatsu expressed support for the Visitor Center, as well as expressed the
importance for the Police computer systems.
Mary Hay, local business owner, stated it is important to maintain local input in the
community and necessary to advertise locally. She requested the City's continued
support by funding the Visitor Center.
Peter Candela reviewed annual statistics for the Visitor Center and encouraged the City
® Council's support on promoting tourism in Morro Bay. He said the 25% increase with the
Tourism Business Improvement District could only improve the budget.
u
Peter Risley expressed concern with the destruction of the Sewer and Water Enterprise
Funds by using them for General Fund purposes and taxing the citizens for none -
mandated uses.
Kevin Winfield expressed support for the Visitor Center.
Dannie Tope expressed support for the Visitor Center. She also expressed the importance
for funding of public safety equipment.
Mayor Peters closed the public comment hearing.
PRESENTATION BY THE CITIZENS OVERSIGHT COMMITTEE
The Citizens Oversight Committee submitted in writing appropriate and inappropriate
uses of Measure Q funds in the 2009/10 budget. They are listed below:
2
MINUTES - MORRO BAY CITY COUNCIL
® BUDGET MEETING — MAY 13, 2009
Aoorooriate Uses of Measure O funds:
• Fire:
o Debt service on new fire station
o Ladder truck
• Police:
o
Vehicle Radar Replacement
o
Digital Camera Replacement
o
Taser Replacement
o
PAS Unit Replacement
o
Night Vision Replacement
o
Portable Radio Replacement
o
.223 Bushmaster Rifle
o
Replacement Portable Generator
• Streets and Storm Drains
o
Street Repairs
o
Storm Drain Repairs
Inaourooriate Uses of Measure O funds:
• Police:
o
Computer Replacement
® o
Printer Replacement
o
UPS Backup for Workstations
• Communications:
o
CAD Computer Replacement
o
UPS Backup for Consoles
• Dial -a -Ride
o
Performance Audit
o
Payment to SLORTA
o
Saturday Service
• Recreation and Parks
o
Camp
• Streets and Storm
o
Storm Drain Management Plan
UNFINISHED BUSINESS
A-1 PRESENTATION: HOW TO PREPARE A ZERO -BASED BUDGET
Administrative Services Director Susan Slayton reviewed how a zero -based budget
process works.
3
MINUTES - MORRO BAY CITY COUNCIL
® BUDGET MEETING — MAY 13, 2009
A-2 CONTINUED DISCUSSION REGARDING SAN LUIS OBISPO COUNTY
VISITORS CONFERENCE BUREAU FUNDING
Administrative Services Director Susan Slayton stated at the May 6`s budget workshop,
Council requested staff obtain information regarding the San Luis Obispo County
Visitors and Conference Bureau's funding request of $32,000. Since the budget is
balanced, Council will need to locate funding either from the. General Accumulation
Fund or from expenditure reductions.
Mayor Peters stated rather than get a substandard representation from the VCB for
$10,000, she would rather give that funding to the City's Community Promotions
Committee who are doing a good job and needs the support.
Councilmember Borchard stated the Business Improvement District should be funding
the Visitor Center. She said she is not ready to sever the City ties from the County VCB.
Councilmember Smukler stated he does not want to fund the VCB with full funding at
this time but consider more options at mid -year budget review. He said he would like to
maintain the $10,000 funding with VCB at this time.
® Councilmember Winholtz stated the City would not be on the VCB web page if it does
not maintain its minimum membership at $10,000, and tourists will not find Morro Bay if
they go to the VCB website. She said it is important that the continuity with the VCB is
maintained, and that it will be a benefit for the City.
11
Councilmember Grantham stated the City should keep the money local, and protection of
our citizens is #1 priority.
MOTION: Councilmember Grantham moved the City Council suspend their pay for
one year, and revisit it next year to consider reinstating Council pay; in the
meantime, Council serves as an example to other cities and officials on
what volunteerism truly is.
Motion fails for lack of a second.
MOTION: Mayor Peters moved the City Council allocate $10,000 to the Community
Promotions Committee who can fund to the San Luis Obispo County
Visitors and Conference Bureau or however they find to best promote the
City of Morro Bay. The motion was seconded by Councilmember
Grantham.
1,
MINUTES - MORRO BAY CITY COUNCIL
® BUDGET MEETING — MAY D, 2009
Councilmember Winholtz stated she did not want to give that responsibility to an
advisory board.
VOTE: The motion failed with Councilmember Borchard,
Councilmember Smukler and Councilmember Winholtz voting
no. (2-3)
The San Luis Obispo County Visitors and Conference Bureau budget remains at the
$10,000 funding level.
A-3 CONTINUED DISCUSSION ON PARKING IN -LIEU FUND
Administrative Services Director Susan Slayton stated in September 2007, Council
expressed support for expanding trolley service in order to add a third trolley dedicated
along the Embarcadero. On October 8, 2007, Council adopted Resolution No. 49-07
authorizing in -lieu parking fee funds be appropriated for the Parking Management Plan
recommendation on trolley expansion. Beginning with the 2007/08 fiscal year, transfers
to the Transit enterprise fund for trolley support occurred. Based on past Council
decision, the transit budget was prepared with transfers from the Parking In -Lieu fund to
support the operating costs of the third trolley route. At the May 6th budget workshop,
isconcern was expressed about using the Parking In -Lieu funds, and reducing the ,cash
balance in that fund.
Management Analyst Janeen Burlingame stated the requested amount for the trolley from
the Parking In -Lieu fund has been revised to $24,000 ($20,000 for the Waterfront route
and $4,000 for the Downtown route).
MOTION: Councilmember Winholtz moved the City Council approve to take
($24,000) from ADA and place into the Transit Fund. The motion was
seconded by Councilmember Grantham and carried unanimously. (5-0)
A4 CONTINUED DISCUSSION ON MEASURE Q ALLOCATIONS
Administrative Services Director Susan Slayton stated at the May 6, 2009 budget
workshop, Council reviewed and voted on the Measure Q requests. After the vote,
Council decided to ask the Citizens Oversight Committee to review and provide an
opinion on the requests and Council action as related to them. The Committee met on
May IIth, and presented its opinion in writing (as presented above). Council is to
consider the Committee's recommendations, then distribute the funds.
The City Council reviewed the Measure Q funding requests, and made the following
determinations:
G
MINUTES - MORRO BAY CITY COUNCIL
® BUDGET MEETING — MAY 13, 2009
MOTION: Mayor Peters moved the City Council allocate $64,900 for Police
expenditures approved by the Measure Q Sub -Committee, plus the items
under Communications. The motion was seconded by Councilmember
Grantham and carried unanimously. (5-0)
City Council consensus was to allow the Police Chief to return to Council to request
funds from the remaining $7,000 from the Vehicle Accumulation Fund.
City Council consensus was to not fund Dial -a -Ride, Recreation & Parks or Storm Drain
Management Plan fund requests.
The City Council considered the Fire Department funding requests as follows:
Mayor Peters stated it is important to consider an assessment district to open the North
Morro Bay Fire Station.
MOTION: Councilmember Winholtz moved the City Council approve funding for
one full-time paramedic/firefighter plus overtime, and one part-time
reserve firefighter from Measure Q funds. The motion was seconded by
Councilmember Borchard.
® Councilmember Smukler stated he would prefer to wait and apply for the SAFER Grant.
Councilmember Winholtz called the question.
VOTE: The motion carried with Councilmember Grantham and
Councilmember Smukler voting no. (3-2)
City Council consensus was to not fund the ladder truck
Mayor Peters called for a break at 8:00 p.m.; the meeting resumed at 8:13 p.m.
A-5 CONTINUED DISCUSSION ON THE 2009/10 OPERATING BUDGET
MOTION: Mayor Peters moved the City Council have the option to take lower level
health insurance or have the option to take cash and purchase personal
health insurance beginning January 20, 2010. The motion was seconded
by Councilmember Grantham and carried with Councilmember Winholtz
voting no. (4-1)
MOTION: Councilmember Grantham moved the City Council approve the 2009/10
Operating Budget as amended and direct staff to present a resolution to
adopt the budget at the May 26, 2009.regular City Council meeting. The
® motion was seconded by Councilmember Borchard.
3
MINUTES - MORRO BAY CITY COUNCIL
® BUDGET MEETING —MAY 13, 2009
Councilmember Winholtz stated she would be voting in opposition because she does not
want to adopt a budget based on borrowed money.
VOTE: The motion carried with Councilmember Smukler and
Councilmember Winholtz voting no. (3-2)
MOTION: Councilmember Winholtz moved the City Council direct staff to schedule
a Closed Session meeting within the next ten days to discuss Personnel
issues. The motion was seconded by Councilmember Borchard and carried
with Mayor Peters voting no. (4-1)
NEW BUSINESS
B-1 DISCUSSION AND APPROVAL OF THE VISITOR CENTER CONTRACT
MOTION: Mayor Peters moved the City Council approve a one-year contract with
the Morro Bay Visitors Center. The motion was seconded by
Councilmember Grantham and carried unanimously. (5-0)
ADJOURNMENT
40 The meeting adjourned at 9:00 p.m.
Recorded by:
Bridgett Bauer
City Clerk
E
® City of Morro Bay
City Council Agenda
Mission Statement
The City of Morro Bay is dedicated to the preservation and enhancement of the quality
of 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 11, 2009
CLOSED SESSION — MAY 11, 2009
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
® three (3) parcels.
Property: Embarcadero/Market Properties
Negotiating Parties: Potential Buyers and City of Morro Bay.
Negotiations: Voluntary Purchase and Sale.
Property: Vacant Lot/Comer of Coral/San Jacinto.
Negotiating Parties: Potential Buyers and City of Morro Bay.
Negotiations: Voluntary Purchase and Sale.
Property: City slip and/or the Tidelands Park Side Tie Dock
Negotiating Parties: Big Rock Charters d.b.a. The "Chablis" and City of
Morro Bay.
Negotiations: Berthing -License Terms and Conditions.
IT IS NOTED THAT THE CONTENTS OF CLOSED SESSION MEETINGS
ARE CONFIDENTIAL AND EXEMPT FROM DISCLOSURE.
EJ
PUBLIC SESSION — MAY 11, 2009
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.
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 APRIL 27, 2009; (ADMINISTRATION)
0 RECOMMENDATION: Approve as submitted.
A-2 PROCLAMATION DECLARING MAY 2069 AS "COMMUNITY ACTION
MONTH ; (ADMINISTRATION)
® RECOMMENDATION: Adopt Proclamation.
A-3 PROCLAMATION DECLARING MAY 17 TO MAY 23, 2009 AS "2009
NATIONAL BEACH SAFETY WEEK'; (RECREATION & PARKS)
RECOMMENDATION: Adopt Proclamation.
B. PUBLIC HEARINGS. REPORTS & APPEARANCES
B-I CONSIDERATION OF MORRO BAY DIAL -A -RIDE FARE INCREASE;
(PUBLIC SERVICES)
RECOMMENDATION: Conduct a public hearing to consider increasing the
Morro Bay Dial -a -Ride Regular and Discount fares, approve the fare
increase, and authorize staff to enact the new fare July 1, 2009.
B-2 CONSIDERATION OF CONTRACT EXTENSION WITH MV
TRANSPORTATION; (PUBLIC SERVICES)
RECOMMENDATION: Approve a month -to -mouth extension of the current
Morro Bay Dial -a -Ride and Trolley Operations and Management Agreement
is with MV Transportation.
B-3 PUBLIC HEARING TO RECEIVE PUBLIC TESTIMONY ON GRANT
REQUEST TO STATE OF CALIFORNIA DEPARTMENT OF
TRANSPORTATION FOR FEDERAL TRANSIT ADMINISTRATION (FTA)
SECTION 5311 PROGRAM FUNDING TO PURCHASE REPLACEMENT
DIALrA-RIDE AND TROLLEY VEHICLES; (PUBLIC SERVICES)
RECOMMENDATION: Conduct a public hearing to hear testimony on the
$229,000 grant request to the State of California Department of
Transportation for FTA Section 5311 program funding to purchase
replacement Dial -a -Ride and trolley vehicles.
B-4 RESOLUTION APPROVING THE ENGINEERS REPORT AND DECLARING
THE INTENT TO LEVY THE ANNUAL ASSESSMENT FOR THE
CLOISTERS LANDSCAPING AND LIGHTING MAINTENANCE
ASSESSMENT DISTRICT; (RECREATION & PARKS)
RECOMMENDATION: Adopt Resolution No. 21-09.
B-5 RESOLUTION APPROVING THE ENGINEERS REPORT AND DECLARING
THE INTENT TO LEVY THE ANNUAL ASSESSMENT FOR THE NORTH
POINT LANDSCAPING AND LIGHTING MAINTENANCE ASSESSMENT
® DISTRICT; (RECREATION & PARKS)
RECOMMENDATION: Adopt Resolution No. 22-09.
3
B-6 INTRODUCTION AND FIRST READING OF ORDINANCE NO. 548
® REPEALING, AMENDING, AND REENACTING TITLE 10 (VEHICLES AND
TRAFFIC) OF THE MORRO BAY MUNICIPAL CODE; (POLICE)
RECOMMENDATION: Approve introduction and first reading of Ordinance
No. 548 by number and title only.
C. UNFINISHED BUSINESS — NONE.
D. NEW BUSINESS
D-1 REVIEW OF 2008 TROLLEY SEASON PERFORMANCE AND UPCOMING
2009 SEASON; (PUBLIC SERVICES)
RECOMMENDATION: Receive report for information.
D-2 CONSIDERATION OF CO-SPONSORSHIP OF THE 2009 DAHLIA DAZE
CELEBRATION; (RECREATION & PARKS)
RECOMMENDATION: Review the possibility of co -sponsoring the Morro Bay
Garden Club's annual Dahlia Daze event and direct staff appropriately.
D-3 REPORT ON CITIZENS BIKE COM UTTEE'S LETTER OF
® RECOMMENDATIONS ON THE CITY BIKEWAYS PLAN; (PUBLIC
SERVICES)
RECOMMENDATION: Consider the letter from the Morro Bay Citizens Bike
Committee, and direct staff on the recommendations made or any other
potential projects to be included in the City's Bicycle Transportation Plan.
E. DECLARATION OF FUTURE AGENDA ITEMS
F. 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 772-6206 FOR
FURTHER INFORMATION.
MATERIALS RELATED TO AN rrEM 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.
E
MINUTES - MORRO BAY CITY COUNCIL
CLOSED SESSION —MAY 11, 2009
® CITY HALL CONFERENCE ROOM - 5:00 P.M.
Mayor Peters called the meeting to order at 5:00 p.m.
PRESENT: Janice Peters
Mayor
Carla Borchard
Councilmember
Rick Grantham
Councilmember
Noah Smukler
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 Smukler and
unanimously carried. (5-0)
Mayor Peters read the Closed Session Statement.
CS-1 GOVERNMENT CODE SECTION 54956.8, REAL PROPERTY
doTRANSACTIONS. 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 Properties
Negotiating Parties: Potential Buyers and City of Morro Bay.
Negotiations: Voluntary Purchase and Sale.
Property: Vacant Lot/Comer of Coral/San Jacinto.
Negotiating Parties: Potential Buyers and City of Morro Bay.
Negotiations: Voluntary Purchase and Sale.
Property: City slip and/or the Tidelands Park Side Tie Dock
Negotiating Parties: Big Rock Charters d.b.a. The "Chablis" and City of
Morro Bay.
Negotiations: Berthing -License Terms and Conditions.
The meeting adjourned to Closed Session at 5:00 p.m. and returned to regular session at
5:45 p.m.
MOTION: Councilmember Borchard moved the meeting be adjourned. The motion was
seconded by Councilmember Grantham and unanimously carried. (5-0)
0 The meeting adjourned at 5:45 p.m.
® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — MAY 11, 2009
VETERANS MEMORIAL HALL - 6:00 P.M.
Mayor Peters called the meeting to order at 6:00 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
Rob Livick
Tim Olivas
Mike Pond
Susan Slayton
Joe Woods
® ESTABLISH QUORUM AND CALL TO ORDER
MOMENT OF SILENCE
PLEDGE OF ALLEGIANCE
City Manager
City Attorney
City Clerk
Harbor Director
Public Services Director
Management Analyst
City Engineer
Police Commander
Fire Chief
Administrative Services Director
Recreation & Parks Director
MAYOR AND COUNCIL MEMBERS REPORTS, ANNOUNCEMENTS &
PRESENTATIONS
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 referred to the boat that washed ashore on Azure Street, and noted Patriot
Environmental was able to clear the debris in a professional manner within 1 %2 day.
Joyce Lundy reviewed the monthly statistics for the Visitors Center, and announced this
month's Chamber of Commerce mixer would be held at Baron's Orchids.
Susan Heinemann stated the AAUW Garden Tour was a huge success. She introduced
Lina Rigolhuth who received one of the scholarships from AAUW to attend the Tech
Trek Science Fair.
Lina Rigolhuth shared her goals, interests and hobbies that include her interest in science.
® She expressed her appreciation to those who purchased tickets for the AAUW Garden
Tour in order to support the scholarships for the Tech Trek Science Fair that she will be
attending.
2
MINUTES - MORRO BAY CITY COUNCIL
® REGULAR MEETING — MAY 11, 2009
Peter Candela stated the Visitors Center hands out approximately 3,000 brochures on the
trolley per year. He also said the City Council discretionary funds have had an impact on
special events in the City, and he hoped the City Council would reinstate those funds.
Susan Brown, General Manager for Dial -a -Ride and the trolley announced the trolley
service would start running during the Memorial weekend, and reviewed the where the
trolley stops are located.
Lynda Merrill thanked a man named Bob for his contributions to Morro Bay Beautiful.
She also thanked staff and the City Council for their efforts on the pending budget. Ms.
Merrill thanked past Council Members for their efforts on the City's bike paths and
trolley service.
Melody DeMeritt suggested Council consider a 5% salary reduction for the upper level
City staff; place the primary election back on the ballot; place a paramedic fee on the
ballot; and increase revenues in emergency funds.
Ken Vesterfelt stated 531 registrants picked up packets for the car show. He said the
Rotary Club, Chamber of Commerce and Police Explorers all did a fine job in making
® this a successful event. Mr. Vesterfelt also thanked our local firefighters who are fighting
the Jesusita fire in Santa Barbara.
Mayor Peters closed the hearing for public comment.
Mayor Peters called for a break at 7:03 p.m.; the meeting resumed at 7:10 p.m.
A. CONSENT CALENDAR
Unless an item is pulled for separate action by the City Council, the following actions are
approved without discussion.
A-1 APPROVAL OF MINUTES FOR THE REGULAR CITY COUNCIL MEETING
OF APRIL 27, 2009; (ADMINISTRATION)
RECOMMENDATION: Approve as submitted.
A-2 PROCLAMATION DECLARING MAY 2009 AS "COMMUNITY ACTION
MONTH"; (ADMINISTRATION)
RECOMMENDATION: Adopt Proclamation.
11
MINUTES - MORRO BAY CITY COUNCIL
® REGULAR MEETING — MAY 11, 2009
A-3 PROCLAMATION DECLARING MAY 17 TO MAY 23, 2009 AS "2009
NATIONAL BEACH SAFETY WEEK"; (RECREATION & PARKS)
RECOMMENDATION: Adopt Proclamation.
MOTION: Councilmember Winholtz 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)
Mayor Peters presented the proclamations to members of the public.
Mayor Peters requested the City Council add the following emergency Item D4 to the
agenda, which requires 2/3 vote by Council:
D4 RESOLUTION NO. 23-09 FINDING A SEVERE FISCAL HARDSHIP WILL
EXIST IF ADDITIONAL CITY PROPERTY TAX FUNDS ARE SEIZED AND
ADDITIONAL UNFUNDED MANDATES ARE ADOPTED BY THE STATE
OF CALIFORNIA
® MOTION: Mayor Peters moved the City Council add emergency Item D4 to the
agenda. The motion was seconded by Councilmember Grantham and
carried unanimously. (5-0)
MOTION: Councilmember Winholtz moved the City Council approve Item A-1 of
the Consent Calendar. The motion was seconded by Councilmember
Borchard and carried unanimously. (4-0-1/Councilmemer Grantham was
absent during the vote)
B. PUBLIC HEARINGS. REPORTS & APPEARANCES
B-1 CONSIDERATION OF MORRO BAY DIAL -A -RIDE FARE INCREASE;
(PUBLIC SERVICES)
Management Analyst Janeen Burlingame stated approval and enactment of the fare
increase would result in an increase to the Morro Bay Dial -a -Ride fare revenue by
approximately $12,000 and furthers the goal recommended in the Management Partners
study towards eliminating the use of general funds for an enterprise fund. Not approving
the fare increase would result in weekday service level cuts that would have to be made
as the fiscal year 2009/10 budget developed only included the elimination of Saturday
service. Ms. Burlingame recommended the City Council consider increasing the Morro
Bay Dial -a -Ride Regular and Discount fares, and authorize staff to enact the new fare
® July 1, 2009.
4
MINUTES - MORRO BAY CITY COUNCIL
® REGULAR MEETING —MAY 11, 2009
Mayor Peters opened the hearing for public comment; there were no comments, and
Mayor Peters closed the public comment hearing.
Mayor Peters stated costs have gone up which mean rates must go up, and she supports
increasing the Regular fare to $2.50 and the Discount fare to $2.00.
Councilmember Winholtz stated she would support increasing the Regular fare to $1.75
and increase the Discount fare to $1.25. She said she would prefer to increase the trolley
fare rather than the Dial -a -Ride fare because that is more discretionary money.
Councilmember Grantham stated he would support increasing the Regular fare to $2.50
and the Discount fare to $1.50 with the consideration of increasing the trolley fare.
Councilmember Smukler stated consideration should be given to the Discount fare with
the addition of low-income into the program, and reiterated this is an essential service for
members of the community.
Councilmember Borchard stated she would support increasing the Regular fare to $2.00
and the Discount fare to $1.50 since the last fare increase occurred in 2005.
® MOTION: Councilmember Grantham moved the City Council approve a fare
increase to Morro Bay Dial -a -Ride effective July 1, 2009 as follows: $2.00
Regular one-way fare, $1.25 Discount one-way fare, $20.00 Regular I
ride punch pass, and $12.50 Discount l I ride punch pass. The motion was
seconded by Councilmember Smukler.
Councilmember Borchard stated her impression was the one-way Discount fare was
going to be set at $1.50; Mayor Peters concurred.
Councilmember Grantham amended his motion to $1.50 for Discount one-way fare, and
$15.00 Discount I ride punch pass. Councilmember Smukler withdrew his second to
the motion. Councilmember Borchard seconded the motion.
VOTE: The motion carried with Councilmember Winholtz and
Councilmember Smukler voting no. (3-2)
11
MINUTES - MORRO BAY CITY COUNCIL
® REGULAR MEETING — MAY 11, 2009
B-2 CONSIDERATION OF CONTRACT EXTENSION WITH MV
TRANSPORTATION; (PUBLIC SERVICES)
Management Analyst Janeen Burlingame stated at the San Luis Obispo Council of
Governments Board meeting in December 2008, the Board requested its staff establish a
Transit Efficiencies Sub -Committee comprised of Board Members and Transit Agency
Staff to examine possible efficiencies to operating transit services within the County and
develop efficiency improvement strategies for consideration. The current Operations and
Management Agreement with MV Transportation expires on June 30, 2009. All terms
and conditions are applicable during any extension period. MV Transportation began
providing transit service for the City in July 2001. The existing agreement with MV
Transportation began July 1, 2004 and a two-year contract extension was approved and
became effective July 2007. The City has not had any issues with MV Transportation
during the existing contract period and there are no major changes that need to be made
to the Operations and Management Agreement at this time. As there is the potential for
transit efficiency strategies that may impact the City's transit system and how it is
operated that could differ from existing operations, staff feels that going through an
Request for Proposals process for a one-year agreement while the SLOCOG Transit
Efficiencies Sub -Committee study is completed is not warranted given the staff time and
® expense involved; particularly since there are no issues with MV Transportation that need
to be corrected. Ms. Burlingame recommended the City Council approve a month -to -
month extension of the current Morro Bay Dial -a -Ride and Trolley Operations and
Management Agreement with MV Transportation.
r
Mayor Peters opened the hearing for public comment; there were no comments, and Mayor
Peters closed the public comment hearing.
Dwight Broshear, MV Transportation, stated they would like to continue their partnership
with the City. He said MV Transportation is amenable to a month -to -month as well as a
long-term relationship with the City.
Councilmember Borchard, Councilmember Smukler, and Councilmember Grantham all
agreed with the month -to -month contract.
Councilmember Winholtz expressed concern with a month -to -month contract; and said
there would be more security with a one-year extension.
MOTION: Councilmember Winholtz moved the City Council approve a one-year
extension to the MV Transportation contract. The motion was seconded
by Mayor Peters and carried with Councilmember Borchard and
Councilmember Grantham voting no. (3-2)
11
MINUTES - MORRO BAY CITY COUNCIL
® REGULAR MEETING —MAY 11, 2009
B-3 PUBLIC HEARING TO RECEIVE PUBLIC TESTIMONY ON GRANT
REQUEST TO STATE OF CALIFORNIA DEPARTMENT OF
TRANSPORTATION FOR FEDERAL TRANSIT ADMINISTRATION (FTA)
SECTION 5311 PROGRAM FUNDING TO PURCHASE REPLACEMENT
DIAL -A -RIDE AND TROLLEY VEHICLES; (PUBLIC SERVICES)
Management Analyst Janeen Burlingame stated on February 16, 2009, President Obama
signed into law the American Recovery and Reinvestment Act (ARRA), which includes
funding for Transit Capital Assistance programmed through the existing Federal Transit
Administration (FTA) Section 5311 program. Current programming of 5311 funding is
through the San Luis Obispo Council of Governments (SLOCOG). Project requests were
submitted to the SLOCOG on March 4, 2009 and the City submitted to SLOCOG
requests for two projects: purchase one Dial -a -Ride vehicle ($69,000) and one trolley
vehicle ($160,000) that would replace vehicles that are beyond the FTA's useful life
criteria by the time funding and procurement are completed. On April 8, 2009 the
SLOCOG Board approved a Program of Projects that included the City's two requested
projects on the recommended list for funding. An application was made to CalTrans, and
a public hearing to receive public testimony on the grant application was noticed on April
9, 2009. No further action is required by the City Council as a resolution authorizing the
® grant application and contract execution was adopted at the April 13, 2009 City Council
meeting and submitted along with the public hearing notice affidavit in the grant
application package.
Mayor Peters opened the hearing for public comment; there were no comments, and Mayor
Peters closed the public comment hearing.
This item was for information only, and no action was taken.
B4 RESOLUTION APPROVING THE ENGINEERS REPORT AND DECLARING
THE INTENT TO LEVY THE ANNUAL ASSESSMENT FOR THE
CLOISTERS LANDSCAPING AND LIGHTING MAINTENANCE
ASSESSMENT DISTRICT; (RECREATION & PARKS)
Recreation & Parks Director Joe Woods stated on April 13, 2009 the City Council
adopted Resolution No. 15-09, which initiated the proceedings to levy the annual
assessment to fund the maintenance of the Cloisters Park and Open Space. Additionally,
staff was directed to have an Engineer's Report prepared, detailing the estimated annual
assessment for the parcel owners for fiscal year 2009/10. Based on the Engineers Report,
which estimates the annual costs of maintaining the Cloisters Park and Open Space for
the upcoming year, the fiscal impact is estimated at $148,944. These costs will be offset
by the collection of an assessment for the same amount from the parcel owners in the
® Cloisters Subdivision. Upon adoption of Resolution No. 21-09, 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.
7
MINUTES - MORRO BAY CITY COUNCIL
® REGULAR MEETING — MAY 11, 2009
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.
21-09 declaring the intent to levy the annual assessment for the Cloisters
Landscaping and Lighting Maintenance, and approving the Engineers
Report. The motion was seconded by Councilmember Winholtz and
carried unanimously. (5-0)
B-5 RESOLUTION APPROVING THE ENGINEERS REPORT AND DECLARING
THE INTENT TO LEVY THE ANNUAL ASSESSMENT FOR THE NORTH
POINT LANDSCAPING AND LIGHTING MAINTENANCE ASSESSMENT
DISTRICT; (RECREATION & PARKS)
Recreation & Parks Director Joe Woods stated on April 13, 2009 the City Council
adopted Resolution No. 16-09, which initiated the proceedings to levy the annual
assessment to fund the maintenance of the North Point Natural Area. Additionally, staff
was directed to have an Engineer's Report prepared, detailing the estimated annual
assessment for the parcel owners for fiscal year 2009/10. Based on the Engineers Report,
® which estimates the annual costs of maintaining the North Point Natural Area for the
upcoming fiscal year, the fiscal impact is estimated at $5,645. These costs will be offset
by the collection of an assessment for the same amount from the parcel owners in the
North Point Subdivision. Upon adoption of Resolution No. 22-09, the next and fmal 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.
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.
22-09 declaring the intent to levy the annual assessment for the North
Point Natural Area, and approving the Engineers Report. The motion was
seconded by Councilmember Winholtz and carried unanimously. (5-0)
B-6 INTRODUCTION AND FIRST READING OF ORDINANCE NO. 548
REPEALING, AMENDING, AND REENACTING TITLE 10 (VEHICLES AND
TRAFFIC) OF THE MORRO BAY MUNICIPAL CODE; (POLICE)
City Attorney Robert Schultz stated Title 10 provides for regulations for the placement
and enforcement of Traffic Control within the City of Morro Bay. Certain parts of the
current Title 10 date back to 1964 and therefore are outdated, cumbersome, and
® unenforceable. Staff brought to City Council a draft rewrite of Title 10 at your Council
meeting on January 12, 2009. City Council provided staff with direction and
3
MINUTES - MORRO BAY CITY COUNCIL
is REGULAR MEETING — MAY 11, 2009
recommended changes to the draft ordinance. The City Council again reviewed the draft
ordinance on April 27, 2009 and provided further direction to staff. Staff has since made
these changes and presents the ordinance for introduction and first reading by number
and title only.
Mayor Peters opened the hearing for public comment; there were no comments, and Mayor
Peters closed the public comment hearing.
MOTION: Councilmember Borchard _moved the City Council approve Ordinance No.
548 repealing, amending, and reenacting Title 10 (Vehicles and Traffic) of
the Morro Bay Municipal Code for first reading and introduction by
number and title only. The motion was seconded by Councilmember
Smukler and carried unanimously. (5-0)
City Manager Andrea Lueker read Ordinance No. 548 by number and title only.
Mayor Peters called for a break at 8:17 p.m.; the meeting resumed at 8:25 p.m.
C. UNFINISHED BUSINESS — NONE.
® D. NEW BUSINESS
D-1 REVIEW OF 2008 TROLLEY SEASON PERFORMANCE AND UPCOMING
2009 SEASON; (PUBLIC SERVICES)
Management Analyst Janeen Burlingame stated the City's trolley service is a seasonal
fixed route transit system serving the general public by linking the Downtown Business
District, Waterfront, State Parks in the north and south ends of the community, and the
Museum of Natural History through the use of three trolley routes operating within the
City limits. In addition, the service provides a connection to the regional transit system at
City Park. The trolley service operates weekends only from Memorial Day weekend to
the first weekend in October, and on Friday and Monday from Memorial Day through
Labor Day. Ms. Burlingame recommended the City Council receive the report on the
2008 trolley season performance; authorize the continued use of in -lieu parking fee funds
for the operating costs associated with the operation of the Waterfront trolley route for
fiscal year 2009/10; and, authorize the use of in -lieu parking fee funds for the operating
costs associated with the operation of the Downtown trolley route for fiscal year 2009/10.
MOTION: Councilmember Winholtz moved the City Council approve the following:
1) cut hours of service to 7:00 p.m. on days that do not currently end at
6:00 p.m.; 2) increase fares to $1 one-way/$3 all day for passengers 12
® years and older; under 12 years will remain the same; and 3) a summer
survey will be taken on where passengers are from. The motion was
seconded by Councilmember Borchard and carried unanimously. (5-0)
9
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — MAY 11, 2009
D-2 CONSIDERATION OF CO-SPONSORSHIP OF THE 2009 DAHLIA DAZE
CELEBRATION; (RECREATION & PARKS)
Recreation & Parks Director Joe Woods stated the Morro Bay Garden Club sponsors an
annual event to celebrate the City of Morro Bay's official flower, the Dahlia. The Dahlia
Daze event has increased in popularity over the two years since inception and the Club is
seeking a larger venue for their third annual celebration on August 15, 2009. In co-
sponsoring Dahlia Daze, the Club would realize an increased ability to reallocate
resources to enhance Club operations and community involvement. The City will have
shown action towards a stated goal as well as increase the opportunities for sales tax
enhancement. Mr. Woods recommended the City Council review and discuss the
possibility of co -sponsoring the Morro Bay Garden Club's annual Dahlia Daze event, and
direct staff accordingly.
MOTION: Councilmember Grantham moved the City Council not support the co-
sponsorship of the City of Morro Bay. Garden Club with their annual
Dahlia Daze event on August 15, 2009 at the Morro Bay Community
Center. The motion was seconded by Councilmember Winholtz and
® carried unanimously. (5-0)
D-3 REPORT ON CITIZENS BIKE COMMITTEE'S LETTER OF
RECOMMENDATIONS ON THE CITY BIKEWAYS PLAN; (PUBLIC
SERVICES)
City Engineer Rob Livick stated on March 9, 2009 Public Services staff updated City
Council and requested direction regarding the desired design of North Main Street bike
lanes and whether to pursue the project should funding become available. At that same
meeting, Council directed staff to return with a bike plan within three months with
potential funding sources, and a survey of the businesses along North Main Street. On
April 22, 2009 the Morro Bay Citizens Bike Committee met to review unmet bike needs
and made recommendations that these unmet needs be included in the City's Bikeways
Plan, which was included as Attachment 1 in the staff report. Mr. Livick recommended
the City Council consider the letter from the Morro Bay Citizens Bike Committee
(Attachment 1) and give direction to staff on these or any other potential projects or
issues to be included in the City's Bicycle Transportation Plan.
Councilmember Winholtz stated any of the items on the Citizens Bike Committee's list
referring to striping should be prioritized.
Councilmember Smukler requested staff review the City's previous support on the
"Adopt -a -Bike Rack" policy.
No further action was taken on this item.
10
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING —MAY 11, 2009
D4 RESOLUTION NO. 23-09 FINDING A SEVERE FISCAL HARDSHIP WILL
EXIST IF ADDITIONAL CITY PROPERTY TAX FUNDS ARE SEIZED AND
ADDITIONAL UNFUNDED MANDATES ARE ADOPTED BY THE STATE
OF CALIFORNIA
MOTION: Councilmember Grantham moved the City Council adopt Resolution No.
23-09 finding a severe fiscal hardship will exist if additional City property
tax funds are seized and additional unfunded mandates are adopted by the
State of California. The motion was seconded by Councilmember
Smukler and carried unanimously. (5-0)
E. DECLARATION OF FUTURE AGENDA ITEMS
Councilmember Winholtz requested to agendize a discussion on San Luis Obispo
County's Integrated Regional Water Management Plan Memorandum of Mutual
Understandings; Council concurred.
Councilmember Winholtz requested the presentation of a proclamation thanking
Principal Zotovich for his efforts as Principal at Morro Bay High School at the next City
Council meeting; Council concurred.
Councilmember Winholtz requested a memorandum clarifying the North Point
boundaries, and requested the status on Dial -a -Ride and trolley ridership.
lri Jt ►ITI7ig1Y
The meeting adjourned at 9:28 p.m.
Recorded by:
Bridgett Bauer
City Clerk
�I
11
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 Wednesday. May 6. 2009 at 6:00 a.m. in
the Veterans Memorial Building located at 209 Surf Street, Morro Bay,
California.
® The Council will be presented with the 2009 - 2011 biennial budget,
and reviewing the 2009/10 budget for adoption.
DATED: May 1, 2009
BridgettWauer, City Clerk
IN COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT, IF YOU NEED
SPECIAL ASSISTANCE TO PARTICIPATE IN A CITY MEETING, PLEASE CONTACT THE
CITY CLERK'S OFFICE AT LEAST 24 HOURS PRIOR TO THE MEETING TO INSURE THAT
REASONABLE ARRANGEMENTS CAN BE MADE TO PROVIDE ACCESSIBILITY TO THE
MEETING.
FINANCE ADMINISTRATION FIRE DEPARTMENT PUBLIC SERVICES
595 Harbor Street 595 Harbor Street 715 Harbor Street 590 Morro Bay Boulevard
HARBOR DEPARTMENT POLICE DEPARTMENT RECREATION & PARKS
® 1275 Embarcadero Road 870 Morro Bay Boulevard 1001 Kennedy Wad
® 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 —MAY 6, 2009
VETERANS MEMORIAL HALL - 6:00 P.M.
209 SURF ST., MORRO BAY, CA
ESTABLISH QUORUM AND CALL TO ORDER
PLEDGE OF ALLEGIANCE
® PUBLIC COMMENT PERIOD - Members of the audience wishing to address the
Council on the City budget may do so at this time.
2009/10 BUDGET PRESENTATION
COUNCIL QUESTIONS AND DISCUSSION
ADJOURNMENT
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
BUDGET MEETING — MAY 6, 2009
VETERANS MEMORIAL HALL - 6:00 P.M.
1 J
Mayor Peters called the meeting to order at 6:00 p.m
PRESENT: Janice Peters
Mayor
Carla Borchard
Councilmember
Rick Grantham
Councilmember
Noah Smukler
Councilmember
Betiy Winholtz
Councilmember
STAFF: Andrea Lueker
Bridgett Bauer
Rick Algert
Bruce Ambo
Janeen Burlingame
John DeRohan
Rob Livick
Mike Pond
Christine Rogers
Susan Slayton
Joe Woods
ESTABLISH QUORUM AND CALL TO ORDER
PLEDGE OF ALLEGIANCE
City Manager
City Clerk
Harbor Director
Public Services Director
Management Analyst
Police Chief
City Engineer
Fire Chief
Housing Programs Coordinator
Administrative Services Director
Recreation & Parks Director
PUBLIC COMMENT PERIOD - Members of the audience wishing to address the
Council on the City budget may do so at this time.
Claire Grantham requested the City Council consider public safety, especially the
requests made by the Police Department, when considering the budget.
Joan Solu read an email message from her husband John Solu regarding the possible
action taken by the City Council on the allocation of funds from the Morro Bay Tourism
Business Improvement District towards tourism promotion efforts. The message states
that such action would be in violation of the understanding that the lodging industry has
as to the purpose and function of the advisory board as well as the intended purview of
these private sector funds. Ms. Solu requested the City Council consider the fact that the
Tourism Business Improvement District has not yet collected funds and encouraged the
City's continued support in promoting tourism.
® MINUTES - MORRO BAY CITY COUNCIL
BUDGET MEETING — MAY 6, 2009
Virginia Hiramatsu requested Council's careful consideration towards public safety when
reviewing the budget.
Steve Burns, Interim Executive Director for County Visitors and Conference Bureau,
provided the City Council with copies of the new strategic plan of the VCB.
Harold Biaggini stated the 3% Business Improvement District assessment fee is to go
directly towards the benefit of the hotels in Morro Bay, and will be designated by an
advisory board chosen by the hoteliers.
Mayor Peters closed the public comment hearing.
2009/10 BUDGET PRESENTATION
Finance Director Susan Slayton reviewed the 2009/10 Operating Budget using a Power Point
presentation.
COUNCIL QUESTIONS AND DISCUSSION
® Councilmember Winholtz stated she would like to eliminate Council contingency funds,
and limit Council health insurance to the minimum plan offered.
MOTION: Councilmember Winholtz moved the City Council receive no further
contingency funds. The motion was seconded by Councilmember
Borchard and carried with Councilmember Grantham and Mayor Peters
voting no. (3-2)
MOTION: Councilmember Winholtz moved the City Council receive the minimum
health insurance plan available. The motion was seconded by
Councilmember Smukler and carried with Councilmember Grantham and
Mayor Peters voting no. (3-2)
Council discussed funding for the San Luis Obispo County Visitors and Conference
Bureau (VCB).
Mayor Peters stated the VCB has an impressive and productive plan this year, and the
City has $10,000 funded at this time. She said she does not support funding the VCB
from the Visitor Center and the Community Promotions budgets, and asked Council what.
their thoughts were on funding the additional $22,000 for full funding benefits with the
VCB.
2
E
MINUTES - MORRO BAY CITY COUNCIL
BUDGET MEETING — MAY 6, 2009
Councilmember Borchard stated she is willing to consider the budgets of the Community
Promotions Committee, the Visitor Center and the Tourism Business Improvement
District to fund the VCB; she does not want to consider funding the VCB from the
General Fund or Measure Q this year.
Councilmember Smukler stated he is comfortable with the current $10,000 funding, and
setting a goal in obtaining full participation with the VCB in the future. He said the
Community Promotions Committee funds might be the most appropriate funding source
to obtain the full funding level.
Councilmember Grantham stated the City receives very little from the VCB unless the
full amount is funded.
Councilmember Winholtz stated she supports maintaining the current $10,000 funding
with the intent of finding the funding for full privileges.
Council continued discussion on funding for the VCB to a time uncertain.
Councilmember Winholtz requested information on the General Government Equipment
Replacement.
Chief DeRohan reviewed the Police Department Vehicle Depreciation Plan.
MOTION: Mayor Peters moved the City Council accept the General Government
Equipment Replacement Fund budget as presented. The motion was
seconded by Councilmember Grantham and carried with Councilmember
Smukler and Councilmember Winholtz voting no. (3-2)
Mayor Peters called for a break at 8:11 p.m.; the meeting resumed at 8:18 p.m.
The City Council reviewed and asked questions of staff on several portions of the
proposed budget without action being taken.
Discussion on Measure O Funds
Mayor Peters stated she supported allocating
request for the reserve firefighter; funding the
Dial -a -Ride request, the full Recreation & Pt
Public Services request.
$114,020 towards the Fire Department
full Police Department request, the full
-ks request; and, $497,170 towards the
® MINUTES - MORRO BAY CITY COUNCIL
BUDGET MEETING — MAY 6, 2009
Councilmember Grantham stated he supports funding the Fire Department's request for a
reserve firefighter and a ladder truck; the Police Department requests are necessary and
considered a morale issue. He said he would eliminate Saturday service with Dial -a -
Ride. Councilmember Grantham stated the Morro Bay Community Foundation should
consider supporting Morro Bay Recreation and Parks programs.
Councilmember Winholtz stated she is opposed to eliminating Saturday Dial -a -Ride
service. She said instead of receiving dollar amount programs from the departments, she
would prefer to go back to percentages.
Councilmember Borchard stated she is going to support the terms of the Measure Q
requirements, which begin with fire, paramedics, streets, potholes, storm drains, and
police. She said she does not support the Recreation & Parks request, and suggested
Friends of the Police/Fire Department could help fund the Safety Camp. Councilmember
Borchard stated she does not support funding the Dial -a -Ride request with Measure Q
funds, and said she would prefer keeping the Dial -a -Ride buses running instead of
purchasing a third trolley. Councilmember Borchard stated she supports $53,000 0£ the
Police Department funding requests. She said she is not interested in another debt service
® at this time, and is also not interested in funding the Fire Department ladder truck; she
would rather fund a full-time paramedic/firefighter through the General Fund.
Councilmember Borchard stated she supports the full funding for street and storm drain
repairs not including the Storm Water Management Plan.
El
Councilmember Smukler stated the street and storm drain repairs are important to fund.
He said he supports full staffing for the Fire Department through the General Fund.
Councilmember Smukler referred to the ladder truck and stated he would prefer to utilize
any remaining funds into an accumulation fund and build towards this purchase. He said
the Police Department request was open to discussion. Councilmember Smukler stated
he supported funding the complete request for Dial -a -Ride. He said the Recreation &
Parks request is a good concept but not an essential need for the community.
MOTION: Mayor Peters moved the City Council direct staff to work out the
percentages based on the following: Public Services $425,000; Police
Department $60,300 plus their previous vehicle funding; Dial -a -Ride
$46,210; Fire Department $191,121 plus the previous allocation for the
construction of the Fire Department; and, further directed staff to submit
these percentages to the Measure Q Sub -Committee for their review, and
return to the City Council by the next budget meeting on May 13, 2009.
The motion was seconded by Councilmember Winholtz and carried with
Councilmember Grantham voting no. (4-1)
E
MINUTES - MORRO BAY CITY COUNCIL
BUDGET MEETING — MAY 6, 2009
Councilmember Borchard requested a discussion on directing the City Manager to bring
back cost saving options related to but not limited to early retirement, tiered benefits for
new hires, alternative work force outsourcing with the exception of public safety, with
references in Goals A (2,7,8) and B (1-5) of the 2009 Management Partners Workshop
outcome.
/:\O 619i'Pt3MNrr
The meeting adjourned at 10:11 p.m.
Recorded by:
-E)'tji�tt--t)
Bridgett Bauer
City Clerk
Ci
C
City of Morro Bay
City Council Agenda
Mission Statement
The City of Morro Bay is dedicated to the preservation and enhancement of the quality
of life The City shall be committed to this purpose and will provide a level of
municipal service and safety consistent with and responsive to the needs of the public.
REGULAR MEETING — APRIL 27, 2009
CLOSED SESSION — APRIL 27, 2009
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.
Negotiating Parties: City Tidelands Trust Leaseholders and the 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 — APRIL 27, 2009
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.
A. CONSENT CALENDAR
Unless an item is pulled for separate action by the City Council, the following actions are
approved without discussion.
E
® A-1 APPROVAL OF MINUTES FOR THE JOINT CITY COUNCIL -PLANNING
COMMISSION MEETING ON MARCH 30, 3009, AND THE REGULAR CITY
COUNCIL MEETING ON APRIL 13, 2009; (ADMINISTRATION)
RECOMMENDATION: Approve as submitted.
A-2 QUARTERLY FINANCIAL REPORT AS OF MARCH 31, 2009;
(ADMINISTRATIVE SERVICES)
RECOMMENDATION: Accept the Status Report as presented.
A-3 RESOLUTION NO. 17-09 AUTHORIZING PAYING AND REPORTING OF
THE VALUE OF EMPLOYER PAID MEMBER CONTRIBUTIONS FOR SEIU
MISCELLANEOUS EMPLOYEES; (ADMINISTRATIVE SERVICES)
RECOMMENDATION: Adopt Resolution No. 17-09.
A4 RESOLUTION NO. 18-09 AUTHORIZING PAYING AND REPORTING THE
VALUE OF EMPLOYER PAID MEMBER CONTRIBUTIONS FOR THE
MORRO BAY FIRE FIGHTERS; (ADMINISTRATIVE SERVICES)
RECOMMENDATION: Adopt Resolution No. 18-09.
® A-5 CONSIDERATION FOR APPROVAL TO RELEASE A REQUEST FOR
PROPOSALS TO LEASE LEASE SITE 96/96W AT 945 EMBARCADERO —
WHALE'S TAIL RESTAURANT; (ADMINISTRATIVE SERVICES)
RECOMMENDATION: Authorize staff to prepare and release a Request for
Proposals to lease the Tidelands Property know as Lease Site 96/96W located
at 945 Embarcadero.
A-6 RESOLUTION TO AUTHORIZE GRANT APPLICATION (PRINCIPLE
FORGIVENESS LOAN) TO THE STATE WATER RESOURCES QUALITY
CONTROL BOARD CLEAN WATER STATE REVOLVING FUND FOR
PHASE I CONSTRUCTION OF A LOW IMPACT DEVELOPMENT BOAT
REPAIR YARD; (HARBOR)
RECOMMENDATION: Adopt Resolution No. 19-09.
A-7 ADOPTION OF ORDINANCE NO. 546 ESTABLISHING THE MORRO BAY
TOURISM BUSINESS IMPROVEMENT DISTRICT (MBTBID), FDCING THE
BOUNDARIES THEREOF, AND PROVIDING FOR THE LEVY OF A
BUSINESS ASSESSMENT TO BE PAID BY THE HOTEL BUSINESSES IN
SUCH DISTRICT; (CITY ATTORNEY)
® RECOMMENDATION: Adopt Ordinance No. 546.
3
® A-8 ADOPTION OF ORDINANCE NO. 547 PROHIBITING THE
ESTABLISHMENT OF MEDICAL MARUUANA DISPENSARIES; (CITY
ATTORNEY)
RECOMMENDATION: Adopt Ordinance No. 547.
A-9 STATUS REPORT ON APPLICATIONS FOR ECONOMIC STIMULUS
FUNDING; (ADMINISTRATION)
RECOMMENDATION: Review and accept the information.
A-10 FUNDRAISER FOLLIES ALLOCATIONS FOR 2009/10
RECOMMENDATION: Approve allocation schedule and direct staff to notify
event organizers regarding funds available for 2009/10 events.
A-I1 PROCLAMATION DECLARING MAY 2009 AS 'BIKE MONTH";
(ADMINISTRATION)
RECOMMENDATION: Adopt Proclamation.
B. PUBLIC HEARINGS. REPORTS & APPEARANCES
® B-1 INTRODUCTION AND FIRST READING OF ORDINANCE NO. 548
REPEALING, AMENDING, AND REENACTING TITLE 10 (VEHICLES AND
TRAFFIC) OF THE MORRO BAY MUNCIPAL CODE; (CITY ATTORNEY)
RECOMMENDATION: Approve first reading and introduction of Ordinance
No. 548.
B-2 REPORT ON HARBOR FEES INCLUDING MOORING FEES AND BOAT
LAUNCH PARKING FEES AT TIDELANDS PARK; (HARBOR)
RECOMMENDATION: Review Harbor fees in comparison to other harbors,
and provide direction for preparing the annual Harbor Department Master
Fee Schedule adjustments in June 2009.
C. UNFINISHED BUSINESS — NONE.
D. NEW BUSINESS
D-1 REVIEW AND DISCUSSION ON BUDGET PROCESS AND TERMS;
(ADMINISTRATIVE SERVICES)
RECOMMENDATION: Discuss and direct staff accordingly.
0
® D-2 RESOLUTION NO. 20-09 ADOPTING THE BY-LAWS FOR THE MORRO
BAY TOURISM BUSINESS IMPROVEMENT DISTRICT (MBTBID)
ADVISORY BOARD; (CITY ATTORNEY)
RECOMMENDATION: Adopt Resolution No. 20-09.
D-3 CONSIDERATION OF THE AD -HOC FIRE SERVICE COMMITTEE
APPOINTMENTS AND GUIDELINES; AND, THE DEVELOPMENT OF AN
AMADOR AGREEMENT FOR FORMAL CONSIDERATION BY CAL FIRE;
(FIRE)
RECOMMENDATION: Discuss and direct staff accordingly.
D-4 RECOMMENDATION TO PARTICIPATE IN A FEASIBILITY STUDY FOR
JOINT DISPATCH SERVICES; (ADMINISTRATION)
RECOMMENDATION: Agree to participate in the Joint Dispatch Services
Study to look at the concept of regionalization of dispatch services.
E. DECLARATION OF FUTURE AGENDA ITEMS
® F. ADJOURNMENT
E
THIS AGENDA IS SUBJECT TO AMENDMENT UP TO 72 HOURS PRIOR TO
THE DATE AND TIME SET FOR THE MEETING. PLEASE REFER TO THE
AGENDA POSTED AT CITY HALL FOR ANY REVISIONS OR CALL THE
CLERK'S OFFICE AT 772-6200 FOR FURTHER INFORMATION.
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.
5
MINUTES - MORRO BAY CITY COUNCIL
CLOSED SESSION — APRIL 27, 2009
® CITY HALL CONFERENCE ROOM - 5:00 P.M.
Mayor Peters called the meeting to order at 5:00 p.m.
PRESENT: Janice Peters Mayor
Carla Borchard Councilmember
Rick Grantham Councilmember
Noah Smukler 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 Borchard and
unanimously carried. (5-0)
Mayor Peters read the Closed Session Statement.
CS-1 GOVERNMENT CODE SECTION 54956.8; REAL PROPERTY
isTRANSACTIONS: Instructing City's real property negotiator regarding the
price and terms of payment for the purchase, sale, exchange, or lease of real
property.
Negotiating Parties: City Tidelands Trust Leaseholders and the 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
5:50 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 5:50 p.m.
�. t
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — APRIL 27, 2009
® VETERANS MEMORIAL HALL - 6:00 P.M.
Mayor Peters called the meeting to order at 6:00 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
John DeRohan
Rob Livick
Mike Pond
Susan Slayton
Joe Woods
City Manager
City Attorney
City Clerk
Harbor Director
Police Chief
City Engineer
Fire Chief
Administrative Services Director
Recreation & Parks Director
ESTABLISH QUORUM AND CALL TO ORDER
MOMENT OF SILENCE
isPLEDGE OF ALLEGIANCE
MAYOR AND COUNCIL MEMBERS REPORTS, ANNOUNCEMENTS &
PRESENTATIONS
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
Andrea Klipfel, President of the Board of Directors for the Morro Bay Chamber of
Commerce, announced there would be a first laser light show on the 4th of July in place
of the traditional fireworks. She said the laser light show would have zero impact on the
local wildlife and animals in the community and there will be no fear of fog in fact fog
would enhance the light show. She also noted there would be a grand opening benefit at
the historic Caccia Home on May 2°d in support of the Morro Bay Rotary Club and in
conjunction with the Morro Bay Cruisin' Car Show.
Sue Streben announced "At Home in the Garden" would be held May 3rd — 16th at the San
Luis Obispo Botanical Garden with various events and activities planned.
Garry Johnson announced the first annual Morro Photo Expo would be held October 23 d
— 25'h in Morro Bay; schedule of events can be located at www.morrobay.org. He said
registration would be opened to 300 registrants starting in June.
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — APRIL 27, 2009
Nancy Johnson stated Dahlia Daze would be held August 15t°. On another note, she
expressed concern with the discussion that took place at the last City Council meeting
regarding the proposed subdivision on Teresa Drive. She said the City Council discussed
issues that had already been thoroughly examined by the Planning Commission. Ms.
Johnson stated this high quality project is the type of development the City needs and
requested the City to allow the applicant to move forward with this project.
Phil Hill expressed concern with what is being placed down the City storm drains and
ending up in the estuary.
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.
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 JOINT CITY COUNCIL -PLANNING
isCOMMISSION MEETING ON MARCH 30, 3009, AND THE REGULAR CITY
COUNCIL MEETING ON APRIL 13, 2009; (ADMINISTRATION)
RECOMMENDATION: Approve as submitted.
A-2 QUARTERLY FINANCIAL REPORT AS OF MARCH 31, 2009;
(ADMINISTRATIVE SERVICES)
RECOMMENDATION: Accept the Status Report as presented.
A-3 RESOLUTION NO. 17-09 AUTHORIZING PAYING AND REPORTING OF
THE VALUE OF EMPLOYER PAID MEMBER CONTRIBUTIONS FOR SEIU
MISCELLANEOUS EMPLOYEES; (ADMINISTRATIVE SERVICES)
RECOMMENDATION: Adopt Resolution No. 17-09.
A-4 RESOLUTION NO. 18-09 AUTHORIZING PAYING AND REPORTING THE
VALUE OF EMPLOYER PAID MEMBER CONTRIBUTIONS FOR THE
MORRO BAY FIRE FIGHTERS; (ADMINISTRATIVE SERVICES)
RECOMMENDATION: Adopt Resolution No. 18-09.
n
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l�J
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — APRIL 27, 2009
A-5 CONSIDERATION FOR APPROVAL TO RELEASE A REQUEST FOR
PROPOSALS TO LEASE LEASE SITE 96/96W AT 945 EMBARCADERO —
WHALE'S TAIL RESTAURANT; (ADMINISTRATIVE SERVICES)
RECOMMENDATION: Authorize staff to prepare and release a Request for
Proposals to lease the Tidelands Property know as Lease Site 96/96W located
at 945 Embarcadero.
A-6 RESOLUTION TO AUTHORIZE GRANT APPLICATION (PRINCIPLE
FORGIVENESS LOAN) TO THE STATE WATER RESOURCES QUALITY
CONTROL BOARD CLEAN WATER STATE REVOLVING FUND FOR
PHASE I CONSTRUCTION OF A LOW IMPACT DEVELOPMENT BOAT
REPAIR YARD; (HARBOR)
RECOMMENDATION: Adopt Resolution No. 19-09.
A-7 ADOPTION OF ORDINANCE NO. 546 ESTABLISHING THE MORRO BAY
TOURISM BUSINESS IMPROVEMENT DISTRICT (MBTBID), FDONG THE
BOUNDARIES THEREOF, AND PROVIDING FOR THE LEVY OF A
BUSINESS ASSESSMENT TO BE PAID BY THE HOTEL BUSINESSES IN
SUCH DISTRICT; (CITY ATTORNEY)
RECOMMENDATION: Adopt Ordinance No. 546.
A-8 ADOPTION OF ORDINANCE NO. 547 PROHIBITING THE
ESTABLISHMENT OF MEDICAL MARIJUANA DISPENSARIES; (CITY
ATTORNEY)
RECOMMENDATION: Adopt Ordinance No. 547.
A-9 STATUS REPORT ON APPLICATIONS FOR ECONOMIC STIMULUS
FUNDING; (ADMINISTRATION)
RECOMMENDATION: Review and accept the information.
A-10 FUNDRAISER FOLLIES ALLOCATIONS FOR 2009/10
RECOMMENDATION: Approve allocation schedule and direct staff to notify
event organizers regarding funds available for 2009/10 events.
A-11 PROCLAMATION DECLARING MAY 2009 AS "BIKE MONTH";
(ADMINISTRATION)
RECOMMENDATION: Adopt Proclamation.
C!
Is
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — APRIL 27, 2009
Councilmember Winholtz pulled Items A-1 and A-8 from the Consent Calendar; Mayor
Peters pulled Items A-5, A-10, and A-11.
MOTION: Councilmember Grantham moved the City Council approve the Consent
Calendar with the exception of Items AA, A-5, A-8, A-10 and A-11. The
motion was seconded by Councilmember Winholtz and carried
unanimously. (5-0)
A-1 APPROVAL OF MINUTES FOR THE JOINT CITY COUNCIL -PLANNING
COMMISSION MEETING ON MARCH 30, 2009, AND THE REGULAR CITY
COUNCIL MEETING ON APRIL 13, 2009; (ADMINISTRATION)
Councilmember Winholtz requested the following addition to page 5 of the minutes of
the Joint City Council -Planning Commission meeting on March 30, 2009, after the
discussion on Lot Splitting: "Winholtz requested the record reflect the fact that during the
discussion three Council Members indicated they are not interested in lot splits."
MOTION: Councilmember Winholtz 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-5 CONSIDERATION FOR APPROVAL TO RELEASE A REQUEST FOR
PROPOSALS TO LEASE LEASE SITE 96/96W AT 945 EMBARCADERO —
WHALE'S TAIL RESTAURANT; (ADMINISTRATIVE SERVICES)
Mayor Peters announced the lessee of Lease Site 96/96W has requested a one month
extension before releasing a Request for Proposal.
MOTION: Councilmember Borchard moved the City Council approve Item A-5 of
the Consent Calendar. The motion was seconded by Councilmember
Grantham and carried with Councilmember Smukler and Councilmember
Winholtz voting no. (3-2)
A-8 ADOPTION OF ORDINANCE NO. 547 PROHIBITING THE
ESTABLISHMENT OF MEDICAL MARIJUANA DISPENSARIES; (CITY
ATTORNEY)
Councilmember Winholtz stated she would be voting in opposition to the adoption of
Ordinance No. 547.
MOTION: Mayor Peters moved the City Council approve Item A-8 of the Consent
Calendar. The motion was seconded by Councilmember Smukler and
® carried with Councilmember Winholtz voting no. (4-1)
C
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — APRIL 27, 2009
A-10 FUNDRAISER FOLLIES ALLOCATIONS FOR 2009110
Mayor Peters reviewed the Fundraiser Follies allocations report wherein $2,376 was
collected, and announced the various events the funds were distributed.
MOTION: Mayor Peters moved the City Council approve Item A-10 of the Consent
Calendar. The motion was seconded by Councilmember Winholtz and
carried unanimously. (5-0)
A-11 PROCLAMATION DECLARING MAY 2009 AS 'BIKE MONTH";
(ADMINISTRATION)
Mayor Peters pulled this item in order to make a presentation to Kelsie Greer of Rideshare
in honor of Bike Month.
MOTION: Councilmember Winholtz moved the City Council approve Item A-I1 of
the Consent Calendar. The motion was seconded by Councilmember
Grantham and carried unanimously. (5-0)
B. PUBLIC HEARINGS. REPORTS & APPEARANCES
® B-1 INTRODUCTION AND FIRST READING OF ORDINANCE NO. 548
REPEALING, AMENDING, AND REENACTING TITLE 10 (VEHICLES AND
TRAFFIC) OF THE MORRO BAY MUNCIPAL CODE; (CITY ATTORNEY)
Police Chief John DeRohan stated Title 10 provides for regulations for the placement and
enforcement of traffic control within the City. Certain parts of the current Title 10 date
back to 1964 and therefore are outdated, cumbersome, and unenforceable. The revisions
and implementation of Ordinance No. 548 will ensure that the City is in compliance with
State law and will provide City staff with enforcement mechanisms. Chief DeRohan
recommended the City Council receive public testimony and then introduce Ordinance
No. 548 for first reading by number and title only.
Mayor Peters opened the hearing for public comment; there were no comments; Mayor
Peters closed the public comment hearing.
The City Council asked questions of staff and made amendments to the proposed
Ordinance No. 548. Due to the amendments, the first reading and introduction of
Ordinance No. 548 was continued as a public hearing to the May 11, 2009 City Council
meeting.
No further action was taken on this item.
1
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3
MINUTES - MORRO BAY CITY COUNCIL
® REGULAR MEETING — APRIL 27, 2009
B-2 REPORT ON HARBOR FEES INCLUDING MOORING FEES AND BOAT
LAUNCH PARKING FEES AT TIDELANDS PARK; (HARBOR)
Harbor Director Rick Algert stated last year, the City Council directed staff to prepare a
report for review by the Harbor Advisory Board, with a comparison of mooring fees in
other Central Coast harbors, and recommend a daily fee for parking at the boat launch
ramp. The Harbor Advisory Board reviewed the report comparing fees in other Central
Coast harbors in March and April 2009. Mr. Algert stated the Harbor Advisory Board
recommends to not raise liveaboard fees more than the CPI until Harbor facilities and
services are improved, to establish a parking fee for boat launchers at the Tidelands Park
Launch Ramp of $1 hourly and $10 daily maximum, and to establish a Mooring Transfer
Fee. Mr. Algert further recommended direction from the City Council on desired new
fees or specific fee increases for inclusion on the annual Master Fee Schedule revisions to
be presented to the City Council in June 2009. In the absence of Council direction on
specific fees, staff will recommend the standard CPI adjustments in June 2009.
Mayor Peters opened the hearing for public comment.
Denise Jacobson, Member of the Morro Bay Liveaboard Association, stated the
Association supports the Harbor Advisory Board's recommendation in increase all
® liveaboard fees by the CPI annually; a 400% increase is not acceptable.
Phil Hill, Vice -President of the Morro Bay Liveaboard Association, expressed
appreciation for the Harbor Department. He said a 400% increase is not acceptable. Mr.
Hill stated Liveaboards do contribute to the community as any other resident does.
Mayor Peters closed the public comment hearing.
Councilmember Borchard asked questions of staff for clarification.
Councilmember Smukler stated he supports the Harbor Advisory Board
recommendations.
Councilmember Grantham asked staff how many Mooring Transfer Fees are requested
per year?
Councilmember Winholtz supports the Harbor Advisory Board recommendations. She
said she is not in favor of the Mooring Transfer Fee that goes beyond just covering costs.
Mayor Peters stated she supports the Harbor Advisory Board recommendations.
n
LJ
MINUTES - MORRO BAY CITY COUNCIL
® REGULAR MEETING — APRIL 27, 2009
MOTION: Councilmember Winholtz moved the City Council adopt the Harbor
Advisory Board recommendations as follows: 1) increase all liveaboard
fees by the cost of Consumer Price Index annually until such time that
Harbor facilities and services are improved; then the item can be revisited;
and 2) implement a parking fee of $1 per hour with a maximum of $10 per
day for boat trailer spaces only at the boat launch ramp, using an
automated machine. The motion was seconded by Councilmember
Smukler.
Councilmember Winholtz amended her motion to leave it open on the number of
automated machines; Councilmember Smukler accepted the amendment.
VOTE: The motion carried unanimously. (5-0)
Mayor Peters called for a break at 8:47 p.m.; the meeting resumed at 8:56 p.m.
C. UNFINISHED BUSINESS — NONE.
D. NEW BUSINESS
® D-I REVIEW AND DISCUSSION ON BUDGET PROCESS AND TERMS;
(ADMINISTRATIVE SERVICES)
Administrative Services Director Susan Slayton reviewed the budget process and terms
for Council information with a power point presentation.
This was an informational item; no action was taken on this item.
D-2 RESOLUTION NO. 20-09 ADOPTING,THE BY-LAWS FOR THE MORRO
BAY TOURISM BUSINESS IMPROVEMENT DISTRICT (MBTBID)
ADVISORY BOARD; (CITY ATTORNEY)
City Attorney Robert Schultz stated State law allows cities to form assessment districts
pursuant to the Parking and Business Improvement Area Law of 1989, California Streets
and Highways Code Sections 36500, et seq. Now that the City Council has established
the Morro Bay Tourism Business Improvement District, the City Council, by law, must
appoint an advisory board, which shall make recommendations to the City Council on the
expenditure of revenues derived from the assessment. Mr. Schultz recommended the
City Council adopt Resolution No. 20-09 adopting the by-laws for the Morro Bay
Tourism Business Improvement District Advisory Board.
The City Council requested the following amendment to Exhibit "A" attached to
® Resolution No. 20-09:
n
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — APRIL 27, 2009
TERM OF OFFICE
If a vacancy is within the last 6 months of a term, it will be held over to the normal
interview process.
QUALIFICATIONS (3rd paragraph)
The Chamber of Commerce representative shall be the Executive Director of the Morro
Bay Chamber or Commerce (or a member of the Executive Board.)
MOTION: Councilmember Borchard moved the City Council approve Resolution
No. 20-09 adopting the by-laws for the Morro Bay Tourism Business
Improvement District Advisory Board as amended by the City Council.
The motion was seconded by Councilmember Grantham and carried
unanimously. (5-0)
The interview date for the Morro Bay Tourism Business Improvement District Advisory
Board was scheduled for May 26, 2009 at 5:00 p.m. in the Veterans' Memorial Building.
D-3 CONSIDERATION OF THE AD -HOC FIRE SERVICE COMMITTEE
APPOINTMENTS AND GUIDELINES; AND, THE DEVELOPMENT OF AN
AMADOR AGREEMENT FOR FORMAL CONSIDERATION BY CAL FIRE;
® (FIRE)
2
Fire Chief Mike Pond stated on March 9, 2009, the City Council directed staff to form an
ad -hoc committee comprised of two Councilmembers one or two executive staff
members, and one or two firefighters. Council further directed that this ad -hoc
committee discuss the City fire service need; and, explore Federal and/or State stimulus
funds in order to open Fire Station 54. At this same Council meeting, Council also
directed staff to provide costs, for consideration in the budget process, to provide a part-
time reserve firefighter as a fourth person scheduled each day and to come back with
information on an Amador Agreement with Cal Fire within 30 days. The Morro Bay Fire
Department Five -Year Strategic Plan has been a guiding document for the City. This
plan recommends staffing the north Morro Bay Fire Station and that the City should
provide a minimum of four firefighters on shift per day to: 1) address response time
concerns in north Morro Bay; 2) address the increasing call volume; 3) respond to
simultaneous calls; and 4) comply with OSHA mandates.
Chief Pond recommended the City Council: 1) appoint two Councilmembers to
participate on the newly formed Ad -Hoc Fire Services Committee along with the City
Manager, Fire Chief, and up to two firefighters; 2) identify fire service needs through a
process to update the Morro Bay Fire Department Five -Year Strategic Plan; and 3) direct
the Committee to develop an Amador Agreement proposal for formal consideration by
Cal Fire.
6
LA
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — APRIL 27, 2009
Councilmember Borchard stated she would prefer the Fire Department to perform an in-
house study to identify the fire service needs through a process to update the
Department's Five -Year Strategic Plan.
MOTION: Councilmember Winholtz moved the City Council direct the Fire Chief to
return to the City Council by September 1, 2009 with an update on an
Amador Agreement, and addressing response time, and the number of
firefighters on a unit. The motion was seconded by Councilmember
Borchard and carried unanimously. (5-0)
MOTION: Councilmember Borchard moved the City Council direct staff to include a
price analysis of a reserve fire fighter and full time fire fighter/paramedic
comparison. The motion was seconded by Councilmember Grantham and
carried unanimously. (5-0)
MOTION: Councilmember Grantham moved the City Council give the Fire Chief
authority to work with Cal Fire on the Amador Agreement. The motion was
seconded by Councilmember Borchard and carried unanimously. (5-0)
D4 RECOMMENDATION TO PARTICIPATE IN A FEASIBILITY STUDY FOR
JOINT DISPATCH SERVICES; (ADMINISTRATION)
City Manager Andrea Lueker stated the cities of Arroyo Grande, Grover Beach and the
Oceano Community Services District have discussed for some time the concept of joint
dispatch operations for their Police and Fire Departments. Recently, through a combined
effort, they produced a Request for Proposal for the study. To date, it appears that the
cities of San Luis Obispo, Atascadero, and Paso Robles have agreed to join Arroyo
Grande, Grover Beach and the Oceano Community Services District as part of the study
area. The City Council, at their recent Goal Setting Workshop identified a number of
items for City staff to research in an effort to "develop and maintain a structurally
sustainable budget"; one of those items was a review of dispatch services. The
communities of Arroyo Grande and Grover Beach have decided to investigate the
possibility of a more regional approach to dispatch and as a result contracted for a study
and other communities have been invited to participate in the study. Ms. Lueker
recommended the City Council agree to participate in the Joint Dispatch Services.
MOTION: Councilmember Grantham moved the City Council not participate in the
Feasibility Study for Joint Dispatch Services and thank the communities
for their participation. The motion was seconded by Councilmember
Smukler and carried with Councilmember Borchard voting no. (4-1)
E. DECLARATION OF FUTURE AGENDA ITEMS
Councilmember Winholtz requested to agendize the Citizens Bike Committee's letter of
recommendations on the City Bikeways Plan; Council concurred.
10
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — APRIL 27, 2009
ADJOURNMENT
The meeting adjourned at 10:15 p.m.
Recorded by:
ur ' f\JA.u.t.✓
Bridgett Bauer
City Clerk
E
rl
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 — APRIL 13, 2009
CLOSED SESSION — APRIL 13, 2009
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 v. Martony
® 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 four (4) 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- 65-66/65-66W
Negotiating Parties: Abba Imam and City of Morro Bay.
Negotiations: Lease Terms and Conditions.
Property: Harbor Hut - Lease Site 122-123W
Negotiating Parties: Leage 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.
C
PUBLIC SESSION — APRIL 13, 2009
® 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,
�I profane or personal remarks against any elected official, commission and/or
staff.
• Please refrain from public displays or outbursts such as unsolicited applause,
comments or cheering.
• Any disruptive activities that substantially interfere with the ability of the City
Council to carry out its meeting will not be permitted and offenders will be
requested to leave the meeting.
• Your participation in City Council meetings is welcome and your courtesy
.will be appreciated.
In compliance with the Americans with Disabilities Act, if you need special assistance to
participate in this meeting, please contact the City Clerk, (805) 772-6205. Notification 72
hours prior to the meeting will enable the City to make reasonable arrangements to ensure
accessibility to this meeting.
A. CONSENT CALENDAR
Unless an item is pulled for separate action by the City Council, the following actions are
approved without discussion.
A -I APPROVAL OF MINUTES FOR THE REGULAR CITY COUNCIL MEETING
OF MARCH 23, 2009; (ADMINISTRATION)
® RECOMMENDATION: Approve as submitted.
® A-2 REQUEST FOR APPROVAL OF AMENDMENT #1 TO THE LEASE
AGREEMENT FOR LEASE SITE 129W-131W--MORRO BAY FISH
COMPANY, INC., 1231 EMBARCADERO; (HARBOR)
RECOMMENDATION: Adopt Resolution No. 13-09.
A-3 REQUEST FOR CONDITIONAL APPROVAL OF ASSIGNMENT OF LEASE
AGREEMENT FOR LEASE SITE 122-123/122W-123W AND EXTENSION
122W-123W FROM HARBOR HUT INC., GEORGE LEAGE TO THMT INC.,
HEATHER AND TROY LEAGE AND CONDITIONAL APPROVAL OF
AMENDMENT #1 TO THE LEASE AGREEMENT FOR LEASE SITE 122-
123/122W-123W AND EXTENSION 122W-123W—HARBOR HUT, 1205
EMBARCADERO; (HARBOR)
RECOMMENDATION: Adopt Resolution No. 14-09.
A-4 RESOLUTION NO. 12-09 AUTHORIZING THE FEDERAL FUNDING UNDER
FTA SECTION 5311 (49 U.S.C. SECTION 5311) WITH CALIFORNIA
DEPARTMENT OF TRANSPORTATION TO PURCHASE ONE (1)
WHEELCHAIR ACCESSIBLE DIAL -A -RIDE VEHICLE AND ONE (1)
WHEELCHAIR ACCESSIBLE TROLLEY; (PUBLIC SERVICES)
® RECOMMENDATION: Adopt Resolution No. 12-09.
A-5 ADOPTION OF ORDINANCE NO. 545 AMENDING TITLE 5 BUSINESS
LICENSES AND REGULATIONS, CHAPTER 5.04 REGARDING DURATION
OF LICENSE AND FEE PAYMENT/PRORATING - SECOND READING;
(ADMINISTRATIVE SERVICES)
RECOMMENDATION: Approve second reading and adoption of Ordinance No. 545.
A-6 PROCLAMATION DECLARING THE WEEK OF APRIL 12-18, 2009 AS
"NATIONAL PUBLIC SAFETY TELECOMMUNICATIONS WEEK";
(ADMINISTRATION)
RECOMMENDATION: Adopt Proclamation.
B. PUBLIC HEARINGS REPORTS & APPEARANCES
B-I RESOLUTION NO. 15-09 INITIATING PROCEEDINGS TO LEVY THE
ANNUAL ASSESSMENT FOR THE CLOISTERS PARK AND OPEN SPACE
LANDSCAPING AND LIGHTING MAINTENANCE ASSESSMENT
DISTRICT; (RECREATION & PARKS)
RECOMMENDATION: Adopt Resolution No. 15-09.
3
B-2 RESOLUTION NO. 16-09 INITIATING PROCEEDINGS TO LEVY THE
® ANNUAL ASSESSMENT FOR THE NORTH POINT NATURAL AREA
LANDSCAPING AND LIGHTING MAINTENANCE ASSESSMENT
DISTRICT; (RECREATION & PARKS)
RECOMMENDATION: Adopt Resolution No. 16-09.
B-3 ADOPTION OF A MITIGATED NEGATIVE DECLARATION AND
CONSIDERATION OF A CONCEPT PLAN FOR A VESTING TENTATIVE
SUBDIVISION MAP SOO-062/ CONDITIONAL USE PERMIT UPO-
138/COASTAL DEVELOPMENT PERMIT CPO-207, FOR A CUSTOM
RESIDENTIAL 10 LOT CONSERVATION SUBDIVISION AND OPEN
SPACE EASEMENT ON 4.75 ACRES AT 1305 TERESA DRIVE; (PUBLIC
SERVICES)
RECOMMENDATION: Adopt the Mitigated Negative Declaration and Consider
the Concept Plan for a Vesting Tentative Subdivision Map/Conditional Use
Permit/Coastal Development Permit.
B4 INTRODUCTION AND FIRST READING OF ORDINANCE NO. 546
ESTABLISHING THE MORRO BAY TOURISM BUSINESS IMPROVEMENT
DISTRICT (MBTBID), FDGNG THE BOUNDARIES THEREOF, AND
PROVIDING FOR LEVY OF A BUSINESS ASSESSMENT TO BE PAID BY
THE HOTEL BUSINESSES IN SUCH DISTRICT; (CITY ATTORNEY)
® RECOMMENDATION: Approve first reading and introduction of Ordinance
No. 546.
B-5 INTRODUCTION AND FIRST READING OF ORDINANCE NO. 547
PROHIBITING THE ESTABLISHMENT OF MEDICAL MARIJUANA
DISPENSARIES; (CITY ATTORNEY)
13
RECOMMENDATION: Approve first reading and introduction of Ordinance
No. 547.
C. UNFINISHED BUSINESS
C-1 REVIEW OF SITE GENERATOR PROJECT FOR DIAL -A -RIDE, CITY HALL
AND PUBLIC SERVICES DEPARTMENT OFFICES; (PUBLIC SERVICES)
RECOMMENDATION: Discuss and direct staff accordingly.
0
D. NEW BUSINESS
® D-1 LETTER FROM DAVE GILL REPRESENTING THE SEA SCOUTS
REQUESTING A FEE WAIVER FOR THE VESSEL ST. JOSEPH; (HARBOR)
RECOMMENDATION: Consider granting a fee waiver for the St. Joseph for a
limited time to enable the Sea Scouts to complete -their efforts towards
making the vessel seaworthy.
D-2 REDUCED FEE INCENTIVE FOR GREEN BUILDING AND LOW IMPACT
DEVELOPMENT; (PUBLIC SERVICES)
RECOMMENDATION: Consider offering green building incentives in
reimbursed building plan check and inspection fees.
E. DECLARATION OF FUTURE AGENDA ITEMS
F. 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.
5
® MINUTES - MORRO BAY CITY COUNCIL
CLOSED SESSION — APRIL 13, 2009
CITY HALL CONFERENCE ROOM - 5:00 P.M.
Mayor Peters called the meeting to order at 5:09 p.m
PRESENT: Janice Peters
Mayor
Carla Borchard
Councilmember
Rick Grantham
Councilmember
Noah Smukler
Councilmember
Betty Winholtz
Councilmember
STAFF: Susan Slayton
Acting 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 Winholtz 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 v. Martony
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 four (4) 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- 65-66/65-66W
Negotiating Parties: Abba Imam and City of Morro Bay.
Negotiations: Lease Terms and Conditions.
Property: Harbor Hut - Lease Site 122-123W
Negotiating Parties: Leage and City of Morro Bay.
Negotiations: Lease Terms and Conditions.
21
® The meeting adjourned to Closed Session at 5:00 p.m. and returned to regular session at
5:42 p.m.
MOTION: Councilmember Borchard moved the meeting be adjourned. The motion
was seconded by Councilmember Winholtz and unanimously carried. (5-0)
The meeting adjourned at 5:42 p.m.
® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — APRIL 13, 2009
VETERANS MEMORIAL HALL - 6:00 P.M.
C
Mayor Peters called the meeting to order at 6:00 p.m
PRESENT: Janice Peters
Mayor
Carla Borchard
Councilmember
Rick Grantham
Councilmember
Noah Smukler
Councilmember
Betty Winholtz
Councilmember
STAFF: Susan Slayton
Robert Schultz
Bridgett Bauer
Rick Algert
Bruce Ambo
John DeRohan
Dan Doris
Steve Knuckles
Aileen Nygaard
Christine Rogers
Dylan Wade
Kathleen Wold
Acting City Manager
City Attorney
City Clerk
Harbor Director
Public Services Director
Police Chief
Building Official
Fire Captain
Associate Planner
Housing Programs Coordinator
Utilities/Capital Projects Manager
Senior Planner
ESTABLISH QUORUM AND CALL TO ORDER
MOMENT OF SILENCE
PLEDGE OF ALLEGIANCE
MAYOR AND COUNCIL MEMBERS REPORTS, ANNOUNCEMENTS &
PRESENTATIONS
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
Nancy Johnson announced "Dahlia Days" would be held in early August and awards
would be given to those who grow the most beautiful dahlias in town. She said there was
a new theme for this year's Dahlia Days in honor of "Celebrating our Local Hero's", and
her granddaughter presented dahlia plants to the Police and Fire Chiefs and the Harbor
Director.
Hank Roth announced the Morro Bay Police Citizen Academy would begin on April 23rd
and would continue for the following nine consecutive Thursday evenings at the Morro
Bay Police Department.
® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — APRIL 13, 2009
Gena Healey expressed concern with an incident on the beach with a State Patrol Officer
who was offensive to her due to walking her dog on the beach and charged her with a
misdemeanor. She suggested the beaches be more appropriately marked where dogs are
not allowed.
Claire Grantham thanked the Police Department for their efforts during the homicide
incident. She reminded the City Council that their responsibility is for public safety, and
should not consider budget cuts when considering the Police Department's budget.
Keith Taylor, Friend of the Morro Bay Fire Department, stated a banner prepared by
Goofy Graphics has been placed on the fence by the Apparatus Bay with a digital picture
of Phase II of the Fire Department. He said a yard sale for Friends of the Police and
Friends of the Fire Departments collected approximately $840 in one day.
Deb Jeffers announced the American Cancer Society Relay for Life would be held at the
Morro Bay High School on August I' and encouraged people to participate in order to
team up and raise public awareness and raise funds to find a cure for cancer.
® Bill Woodson expressed support for Item D-2 (Reduced Fee Incentive for Green Building
and Low Impact Development) stating this is a local, national and global issue and a
wonderful investment in our future.
11
Susan Heinemann announced the Annual American University Women's (AAUW)
Spring Garden Tour would be held on April 2e; part of the profits each year go towards
a scholarship for local 7`s grade female students to attend a week long Tech Trek Science
Camp.
Emma Widdell, a recipient of the AAUW scholarship, reviewed her background in order
to earn a scholarship to attend the Tech Trek Science Camp. She encouraged participants
to purchase tickets for the AAUW Spring Garden Tour.
Peter Candela, Executive Director of the Chamber of Commerce, announced upcoming
events, and reviewed the monthly Chamber statistics.
Galen Ricard expressed support for Item D-2 stating studies have shown that green
building offers the most effective way to carry out policy goals and incentives such as
faster permit processing and development plan reviews.
Joan Solu stated she is interested in Item D-2 and has implemented various green
building techniques in her proposed project at 1050 Morro Avenue.
12
® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — APRIL 13, 2009
Rachel Algelany expressed appreciation for the City considering Item D-2. She shared
the New Home Construction Green Building Guidelines, and also a Sustainable
Development publication from the General Services Administration regarding policies
that need to be created today.
Dave Gill addressed Item D-1 (Letter From Dave Gill Representing the Sea Scouts
Requesting a Fee Waiver for the Vessel St. Joseph), and requested the City Council
consider his request for a fee waiver.
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.
A-1 APPROVAL OF MINUTES FOR THE REGULAR CITY COUNCIL MEETING
OF MARCH 23, 2009; (ADMINISTRATION)
® RECOMMENDATION: Approve as submitted.
A-2 REQUEST FOR APPROVAL OF AMENDMENT #1 TO THE LEASE
AGREEMENT FOR LEASE SITE 129W-131W--MORRO BAY FISH
COMPANY, INC., 1231 EMBARCADERO; (HARBOR)
RECODINIENDATION: Adopt Resolution No. 13-09.
A-3 REQUEST FOR CONDITIONAL APPROVAL OF ASSIGNMENT OF LEASE
AGREEMENT FOR LEASE SITE 122-123/122W-123W AND EXTENSION
122W-123 W FROM HARBOR HUT INC., GEORGE LEAGE TO THMT INC.,
HEATHER AND TROY LEAGE AND CONDITIONAL APPROVAL OF
AMENDMENT #1 TO THE LEASE AGREEMENT FOR LEASE SITE 122-
123/122W-123W AND EXTENSION 122W-123W--HARBOR HUT, 1205
EMBARCADERO; (HARBOR)
RECOMMENDATION: Adopt Resolution No. 14-09.
A-4 RESOLUTION NO. 12-09 AUTHORIZING THE FEDERAL FUNDING UNDER
FTA SECTION 5311 (49 U.S.C. SECTION 5311) WITH CALIFORNIA
DEPARTMENT OF TRANSPORTATION TO PURCHASE ONE (1)
WHEELCHAIR ACCESSIBLE DIAL -A -RIDE VEHICLE AND ONE (1)
® WHEELCHAIR ACCESSIBLE TROLLEY; (PUBLIC SERVICES)
RECOMMENDATION: Adopt Resolution No. 12-09.
5
® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — APRIL 13, 2009
A-5 ADOPTION OF ORDINANCE NO. 545 AMENDING TITLE 5 BUSINESS
LICENSES AND REGULATIONS, CHAPTER 5.04 REGARDING DURATION
OF LICENSE AND FEE PAYMENT/PRORATING - SECOND READING;
(ADMINISTRATIVE SERVICES)
RECOMMENDATION: Approve second reading and adoption of Ordinance No. 545.
A-6 PROCLAMATION DECLARING THE WEEK OF APRIL 12-18, 2009 AS
"NATIONAL PUBLIC SAFETY TELECOMMUNICATIONS WEEK";
(ADMINISTRATION)
RECOMMENDATION: Adopt Proclamation.
Mayor Peters pulled Item A-6 in order to make a presentation to Police Department
Support Services Manager Mary Sponhaltz in recognition of National Public Safety
Telecommunications Week.
® MOTION: Councilmember Winholtz moved the City Council approve Item A-6 of
the Consent Calendar. The motion was seconded by Councilmember
Grantham and carried unanimously. (5-0)
MOTION: Councilmember Borchard moved the City Council approve the remainder
of the Consent Calendar. The motion was seconded by Councilmember
Grantham and carried unanimously. (5-0)
Mayor Peters called for a break at 6:57 p.m.; the meeting resumed at 7:06 p.m.
B. PUBLIC HEARINGS. REPORTS & APPEARANCES
B-1 RESOLUTION NO. 15-09 INITIATING PROCEEDINGS TO LEVY THE
ANNUAL ASSESSMENT FOR THE CLOISTERS PARK AND OPEN SPACE
LANDSCAPING AND LIGHTING MAINTENANCE ASSESSMENT
DISTRICT; (RECREATION & PARKS)
Acting City Manager Susan Slayton stated Resolution No. 15-09 initiates the proceedings
to levy the annual assessment, an Engineer's Report will be prepared for review at the
May 11, 2009 City Council meeting, which will also include a resolution of intention
declaring the City Council's intent to levy and collect the assessment. The Cloisters
Landscaping and Lighting Maintenance Assessment District is a separate fund from all
other City funds and can only be expended for improvements authorized for the district.
® Once set, the annual assessment is transmitted to the County Auditor for recordation on
the County assessment role. The assessment amount will then appear each year on the
parcel owner's property tax bill. In conformance with Proposition 218, The Right to
6
® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — APRIL 13, 2009
Vote on Taxes Act, passed in 1996 by the voters in the State of California, the Cloisters
Landscaping and Lighting Maintenance Assessment District was approved by 1000/0 of
the owners for which the assessment is to be levied. All property owners were fully
apprised of the costs and benefits associated with the district, prior to its approval. Ms.
Slayton recommended the City Council adopt Resolution No. 15-09 initiating
proceedings to levy the annual assessment for the Cloisters Park and Open Space
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.
15-09 initiating proceedings to levy the annual assessment for the
Cloisters Park and Open Space Landscaping and Lighting Maintenance
Assessment District. The motion was seconded by Councilmember
Winholtz and carried unanimously. (5-0)
B-2 RESOLUTION NO. 16-09 INITIATING PROCEEDINGS TO LEVY THE
® ANNUAL ASSESSMENT FOR THE NORTH POINT NATURAL AREA
LANDSCAPING AND LIGHTING MAINTENANCE ASSESSMENT
DISTRICT; (RECREATION & PARKS)
Acting City Manager Susan Slayton stated Resolution No. 16-09 initiates the proceedings
to levy the annual assessment, an Engineer's Report will be prepared for the second
public hearing scheduled for the May 11, 2009 City Council meeting, which will also
include a resolution of intention declaring the City Council's intent to levy and collect the
assessment. The North Point Natural Area Landscaping and Lighting Maintenance
Assessment District is a separate fund from all other City funds and can only be
expended for improvements authorized for the district. Once set, the annual assessment
is transmitted to the County Auditor for recordation on the County assessment role. The
assessment amount will then appear each year on the parcel owner's property tax bill. In
conformance with Proposition 218, The Right to Vote on Taxes Act, passed in 1996 by
the voters in the State of California, the North Point Natural Area Landscaping and
Lighting Maintenance Assessment District was approved by 1001/o of the owners for
which the assessment is to be levied. All property owners were fully apprised of the
costs and benefits associated with the district, prior to its approval. Ms. Slayton
recommended the City Council adopt Resolution No. 16-09 initiating proceedings to levy
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.
7
® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — APRIL 13, 2009
MOTION: Councilmember Grantham moved the City Council adopt Resolution No.
16-09 initiating proceedings to levy the annual assessment for the North
Point Natural Area Landscaping and Lighting Maintenance Assessment
District. The motion was seconded by Councilmember Winholtz and
carried unanimously. (5-0)
B-3 ADOPTION OF A MITIGATED NEGATIVE DECLARATION AND
CONSIDERATION OF A CONCEPT PLAN FOR A VESTING TENTATIVE
SUBDIVISION MAP SOO-062/ CONDITIONAL USE PERMIT UPO-
138/COASTAL DEVELOPMENT PERMIT CPO-207, FOR A CUSTOM
RESIDENTIAL 10 LOT CONSERVATION SUBDIVISION AND OPEN
SPACE EASEMENT ON 4.75 ACRES AT 1305 TERESA DRIVE; (PUBLIC
SERVICES)
Associate Planner Aileen Nygaard stated the applicant proposed to subdivide a 4.75 acre
parcel with a Vesting Tentative Tract Map on the east side of Highway 1, adjacent to the
senior care facility, into a 10-lot conservation subdivision for custom residential lots
ranging in size from 14,458 to 30,461 square feet. Building envelopes are proposed to
® establish development boundaries on each lot and conserve the remaining lot area in open
space easement. The intent of the applicant is to conserve open space for visual and
natural vegetation conservation. A lot line adjustment is proposed to exchange equal area
between the senior care facility and 10-lot subdivision in order to locate the existing
senior care driveway on its parcel, instead of as an easement on the subdivision parcel.
The lot line adjustment will allow room for the senior care facility to provide 22 parking
spaces and five tree planters along the driveway as an amendment to the workforce
building permit. Ms. Nygaard recommended the City Council adopt the Mitigated
Negative Declaration and consider the Concept Plan for a Vesting Tentative Subdivision
Map SOO-062/Conditional Use Permit UPO- 13 8/Coastal Development Permit CPO-207.
Cathy Novak, representing the applicant, gave a brief project•history, and an overview of
project details with a slide presentation. She reviewed the staff report and conditions
prepared by staff and provided the City Council with suggested modifications to the staff
report, findings and conditions of approval. Ms. Novak also reviewed the City's
permitting process and requested clarification of the permit process for this project.
Mayor Peters opened the hearing for public comment; there were no comments, and
Mayor Peters closed the public comment hearing.
Councilmember Smukler stated this is a sensitive area and the less pervious space the less
runoff potential there will be. He said he supports the concept of reducing the parking
® and curb and gutter concept, and the addition of the Teresa Drive Park. Councilmember
Smukler expressed some concern with public transportation access, and the homeowner
association seems to be the best way to address these issues. He said he would like
8
® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — APRIL 13, 2009
strong language in the CC&R's regarding the use of chemicals, fertilizer, herbicides, and
pesticides within the project. Councilmember Smukler stated he supports the landscape
design and planting palette appropriate with the native habitat. He said he supports the
20-foot road with no parking, maintaining the cul-de-sac as is, along side the drive keep
compacted to be utilized as sidewalk, or maintain as planting space or open space.
Councilmember Borchard stated she supports the applicant's concept on the road. She
referred to the Building and Fire Code for fire management because each lot will be
varied in size and location. She said she supports CC&R's, a form of homeowner
association (HOA), and a 20-foot road.
Councilmember Grantham stated there is potential for this to be a good project. He said
even with a 12% grade, there is concern with erosion. Councilmember Grantham stated
he would prefer no parking on the street and a 28-foot road with curb, gutter and
sidewalk or some type of surface. He said he supports CC&R's, and the planting of a lot
of trees.
® Councilmember Winholtz stated she supports HOA fees. She noted the road is illegal
based on the City's Land Use Plan, which does not allow roads to go straight up the
grade. Councilmember Winholtz stated the road should be reduced in size with no
sidewalks and mitigate with landscaping. She said there should be no obstruction to the
ridge way, which is also observed in the Land Use Plan. Councilmember.Winholtz stated
this is a barren area and a new habitat will be created; perhaps the HOA could create the
11's lot as a public use area. She said she is opposed to the three -feet beyond the 18-1/2
feet for chimneys and other items on the roof. Councilmember Winholtz stated she does
support the 75% second story and the 20-foot road with no parking.
Mayor Peters reviewed the issues that received Council consensus. She stated she
supports a 20-foot road with a walkway and no parking.
MOTION: Mayor Peters moved the City Council adopt the Mitigated Negative
Declaration and consider the Concept Plan for a Vesting Tentative
Subdivision Map SOO-062/Conditional Use Permit UPO-138/Coastal
Development Permit CPO-207 with the following conditions: 1) there will
be a homeowner association or equivalent management body; 2) there will
be a 20-foot road with a pervious walkway; 3) the individual lots will
observe the Building and Fire Codes to determine setbacks; 4) chimneys
and architectural items can exceed 18-1/2 feet, but not satellite dishes; 5)
second stories will be 75% of the first story; 6) the in -lieu amount will be
$150 per square foot; and 7) building will have sequenced habitat
® restoration. The motion was seconded by Councilmember Smukler and
carried unanimously. (5-0)
9
® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — APRIL 13, 2009
B4 INTRODUCTION AND FIRST READING OF ORDINANCE NO. 546
ESTABLISHING THE MORRO BAY TOURISM BUSINESS IMPROVEMENT
DISTRICT (MBTBID), FDONG THE BOUNDARIES THEREOF, AND
PROVIDING FOR LEVY OF A BUSINESS ASSESSMENT TO BE PAID BY
THE HOTEL BUSINESSES IN SUCH DISTRICT; (CITY ATTORNEY)
City Attorney Robert Schultz stated in order to initiate the process to form a City-wide
Tourism Business Improvement District (TBID); the City Council on February 23, 2009
adopted a Resolution of Intention indicating its intention to establish a TBID for the
benefit of tourism promotion and marketing in the City of Morro Bay. Included in the
Resolution was the proposal by City hoteliers to establish the citywide TBID with a 3%
assessment of gross room rates for the initial year and 2% for years thereafter. Following
the adoption of the Resolution of Intention and consistent with statutory requirements,
notification was published and mailed to area businesses and property owners, notifying
the owners and other interested members of the public of the following key actions:
1. A public meeting to hear testimony supporting or opposing the proposed citywide
® TBID was held at the March 23, 2009 City Council meeting;
2. The April 13, 2009 TBID Protest Hearing, which is the subject of this report;
3. Introduction of Ordinance to Establish the Assessment;
4. Final Adoption of Ordinance to Increase Assessment; and
5. Ordinance Effective.
Based on transient occupancy tax revenues, each percentage of assessment would
generate approximately $165,000 per annum for the purpose of tourism marketing and
promotional efforts. Since the assessment is directly tied to gross room revenue, the
funds generated would fluctuate with the citywide room rates and changes in room
inventory. Mr. Schultz recommended the City Council conduct a public hearing to
receive testimony regarding the Council's intention to establish a citywide Tourism
Business Improvement District; then rule upon any protests; and if a legally sufficient
protest showing is not made, approve the first reading and introduction of Ordinance No.
546 establishing the Tourism Business Improvement District in the City of Morro Bay.
Mayor Peters opened the hearing for public comment; there were no comments, and Mayor
Peters closed the public comment hearing.
Councilmember Grantham stated he supported the concept at 2% assessment of gross room
rates, but 3% is too high.
Councilmember Winholtz expressed that she had hoped the City would have participated in
® the countywide business improvement district.
10
® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — APRIL 13, 2009
MOTION: Councilmember Borchard moved the City Council approve the first
reading and introduction of Ordinance No. 546 establishing the Tourism
Business Improvement District in the City of Morro Bay. The motion was
seconded by Councilmember Smukler and carried with Councilmember
Grantham voting no. (4-1)
Acting City Manager Susan Slayton read Ordinance No. 546 by number and title only.
B-5 INTRODUCTION AND FIRST READING OF ORDINANCE NO. 547
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. Several years
later, 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 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. However, 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. After
reviewing the current status of Federal and State law and the associated risks and possible
consequences of establishing an ordinance allowing medical marijuana dispensaries, the
City Council on December 12, 2009 instructed the City Attorney to prepare an ordinance
that would eliminate the possibility of storefront medical marijuana sales in the City. Mr.
Schultz recommended the City Council ban medical marijuana dispensaries until such
time as the tension between the State and Federal law is resolved. Ordinance No. 547
would prohibit medical marijuana dispensaries, but would not preempt California law
governing medical marijuana and would not impact qualified patients' and caregivers'
rights to cultivate and possess medical marijuana for their own medical use, provided
they maintain compliance with State law.
Mayor Peters opened the hearing for public comment.
El
11
® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — APRIL 13, 2009
David Major stated a medical marijuana dispensary would bring a tax benefit to the City,
as well as provide a natural alternative for medicine other than pharmaceutical chemicals.
He said there is no other place on the Central Coast to purchase medical marijuana and
the closest dispensary is Santa Barbara or Santa Cruz. Mr. Major stated it is a safe
regulated location to acquire the substance.
Kent Cowell referred to President Obama's comments regarding medical marijuana. He
stated he assisted in writing the regulations for medical marijuana dispensaries in the
County, and requested the City Council not prohibit the establishment of medical
marijuana dispensaries.
Mayor Peters closed the public comment hearing.
Mayor Peters stated the one dispensary in the City was run strictly by City's codes. She
said she does not want to place anyone else at the same risk as the previous owner.
Councilmember Winholtz stated she would support a moratorium for a maximum time
limit of three months. She said at that time she would support an ordinance allowing a
® medical marijuana coop in the City limits.
Councilmember Grantham stated he would support a moratorium for a maximum time
limit of six months.
Councilmember Smukler stated this is an important time to be proactive in developing
this type of service to the community and receive the financial benefits of this type of
business. He said he would like to discuss the timelines of a temporary moratorium and
then move forward.
Councilmember Borchard stated State and Federal laws have not rested on this matter,
and she is not interested in having a marijuana dispensary in this City. She noted no
other city in this County has allowed a marijuana dispensary in their community.
MOTION: Councilmember Winholtz moved the City Council direct staff to draft an
ordinance to allow a medical marijuana coop within the City limits of
Morro Bay that identifies location, kind of facility, includes sales tax, and
any other pertinent information staff finds necessary; and, return to
Council no later than October 2009. The motion was seconded by
Councilmember Smukler and carried with Councilmember Borchard
voting no. (4-1)
12
® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — APRIL 13, 2009
MOTION: Mayor Peters moved the City Council approve the introduction and first
reading of Ordinance No. 547 Prohibiting the Establishment of Medical
Marijuana Dispensaries with the addition of Section 6 to read as follows:
"SECTION 6. This Ordinance shall expire October 13, 2009 unless, prior
to that date, the City Council takes affirmative action to extend this
Ordinance." The motion was seconded by Councilmember Borchard and
carried with Councilmember Winholtz voting no. (4-1)
Assistant City Manager Susan Slayton read Ordinance No. 547 by number and title only.
Mayor Peters called for a break at 10:00 p.m.; the meeting resumed at 10:08 p.m.
C. UNFINISHED BUSINESS
C-1 REVIEW OF SITE GENERATOR PROJECT FOR DIAL -A -RIDE, CITY HALL
AND PUBLIC SERVICES DEPARTMENT OFFICES; (PUBLIC SERVICES)
Utilities/Capital Project Manager Dylan Wade stated this project was originally intended
® to provide a backup emergency generator project for Dial -a -Ride, City Hall and Public
Services Department offices to provide emergency power during periods of extended
power outages. Originally, the project was funded by two transit grants totaling
$22,308.45, and $95,000 from the General Fund. To date, $18,136.17 has been expended
for design and preparation of plans and specifications. The updated overall cost of the
project estimates at $138,121.25, which includes $20,000 for the generator housing
structure, $3,000 to upgrade the gas service, $2,000 propane back-up, and $113,121.25
from the estimate of probable cost from Thoma Electric for the generator and electric
work. Mr. Wade recommended the City Council consider this item and provide further
direction to staff.
Councilmember Smukler stated he prefers not to fund this project and would prefer to
utilize the remaining grant funds to perform a more comprehensive energy audit, and
with the assistance of PG&E increase the energy use within the buildings and be prepared
for alternative energy use systems to be utilized. He said a back-up battery operated CB
radio system would be helpful for Dial -a -Ride in the case of a power outage.
Councilmember Borchard stated she agrees that funding this project and taking funds .
from the General Fund is not in the City's best interest at this time. She would prefer to
find an alternative way such as a rollover phone system to get Dial -a -Ride calls through
during a power outage.
Councilmember Winholtz stated she is not in support of funding this project. She would
® support funding a generator for the Dial -a -Ride phone system.
13
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — APRIL 13, 2009
Councilmember Grantham stated he does support a generator that would be reliable and
provide a public safety investment.
Mayor Peters stated she supports an energy audit and the purchase of an affordable
generator to support the Dial -a -Ride phone system. She said it appears that the majority
of Council does not want to move forward with this project, and the City should pursue
an energy audit.
No further action was taken on this item.
D. NEW BUSINESS
D-1 LETTER FROM DAVE GILL REPRESENTING THE SEA SCOUTS
REQUESTING A FEE WAIVER FOR THE VESSEL ST. JOSEPH; (HARBOR)
City Attorney Robert Schultz stated the Sea Scouts took ownership of the St Joseph from
L.V. Jones. The vessel is an 80-foot steel trawler that dates from the 1970's and since the
® new trawl regulations, has very little value as a commercial vessel. The Sea Scouts have
been working on the vessel with the goal of making it seaworthy and taking it up_ to the
Sacramento River area as a training/work vessel for the Sea Scouts.
El
MOTION: Councilmember Winholtz moved the City Council grant a waiver of fees
for the St. Joseph for four months, and no further waivers beyond that
timeframe, to enable the Sea Scouts to complete their efforts towards
making the vessel seaworthy so that they can take it to Stockton. The
motion was seconded by Councilmember Grantham and carried
unanimously. (5-0)
D-2 REDUCED FEE INCENTIVE FOR GREEN BUILDING AND LOW IMPACT
DEVELOPMENT; (PUBLIC SERVICES)
Public Services Director Bruce Ambo stated.this item was identified as a Future Agenda
Item at the January 12, 2009 Council meeting. The concept of reducing fees as a green
building incentive was raised by Councilmember Smukler during a discussion on
planning fees for waterfront projects earlier at the same meeting. Mr. Ambo
recommended the City Council offer green building incentives in reimbursed building
plan check and inspection fees for the following:
14
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — APRIL 13, 2009
A. $3,000 upon successful completion of nationally recognized "Leadership in
energy and environmental design" (LEED Certification) on new homes, and
B. $2,000 upon successful completion of California "GreenPoint rated" project
certification on new homes, and
C. 401/o permit fee reimbursement for all residential remodels achieving
GreenPoint rated certification and all other projects including remodels, multi-
family and commercial buildings that achieve LEED Certification; and
D. direct staff to return to the Council with a resolution implementing the
changes to the building fees and review procedures.
Councilmember Borchard expressed concern with the consideration of reducing fees that
are now mandatory requirements for green building, which will require that much more
staff time, and the incentive of fee reimbursement.
MOTION: Councilmember Grantham moved the City Council offer green building
incentives in reimbursed building plan check and inspection fees as
recommended by stall; and report back to Council in six months on the
fiscal impact and the staff time involved in this process. The motion was
seconded by Councilmember Smukler and carried with Councilmember
Borchard voting no. (4-1)
MOTION: Councilmember Smukler moved the City Council direct staff to develop the
concept of a five-year draft strategic green initiative plan, first to be
presented to the Planning Commission and then to the City Council. The
motion was seconded by Councilmember Winholtz and carried
unanimously. (5-0)
E. DECLARATION OF FUTURE AGENDA ITEMS
Councilmember Grantham requested to agendize a discussion on health and safety issues
regulating tattoo parlors; Council concurred.
PO IIIi-wtyum,rr
The meeting adjourned at 10:54 p.m.
Recorded by:
Bridgett Bauer
® City Clerk
15
E
J, vOg4G
CITY OF MORRO BAY
>IY CITY COUNCIL/
PLANNING COMMISSION
JOINT MEETING AGENDA
Veteran's Memorial Building
Joint Meeting 6:00 p.m.
Janice Peters, Mayor
Betty Winholtz, Vice -Mayor
Carla Borchard, Council Member
Rick Grantham, Council Member
Noah Smukler, Council Member
I. CALL JOINT MEETING TO ORDER
II. PLEDGE OF ALLEGIANCE
III. ROLL CALL
209 Surf Street, Morro Bay
Monday, March 30, 2009
Nancy Johnson, Chairperson
Bill Woodson, Vice -Chair
John Diodati, Commissioner
Michael Lucas, Commissioner
Gerald Luhr, Commissioner
IV. DUTIES AND RESPONSIBILITIES
Pursuant to the Municipal Code Section 2.28.120 D., the Planning Commission shall meet with City
Council twice each year to discuss proposed policies, programs, goals and objectives, budgeting, future
planning, or any other planning matter requiring joint deliberation.
® V. PUBLIC COMMENT PERIOD - Members of the audience wishing to address the Council on City business
matters may do so at this time.
VI. JOINT MEETING DISCUSSION ITEMS.
1. Neighborhood Compatibility Standards
2. Environmental incentives to promote green building and planning in the application and approval
process;
3. Downtown Visioning
4. Extent of architectural review by Planning Commission
5. Lot splitting
6. Need for lobb-Ong efforts with the Coastal Commission on the General Plan.
7. Newspaper Racks
VII. ADJOURN JOINT CITY COUNCIL/ PLANNING COMMISSION MEETING
VIII. ESTABLISH QUORUM AND CALL TO ORDER SPECIAL CITY COUNCIL MEETING
1
n
IX. NEW BUSINESS
1. Authorization to apply for the Cops Hiring Recovery Program (CHRP) grant.
RECOMMENDATION: Discuss and take appropriate action.
2. Consideration of Support for AB 42 (Blakeslee) "Pacific Gas and Electric Company Seismic Survey".
Discuss and take appropriate action.
�& 111I8111:1051WNY
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 COMPLL4,NCE WITH THE AMERICANS WITH DISABILITIES ACT, IF YOU NEED
SPECIAL ASSISTANCE TO PARTICIPATE IN A CITY MEETING, PLEASE CONTACT THE
CITY CLERK'S OFFICE AT LEAST 24 HOURS PRIOR TO THE MEETING TO INSURE THAT
REASONABLE ARRANGEMENTS CAN BE MADE TO PROVIDE ACCESSIBILITY TO THE
MEETING.
CITY OF MORRO BAY
® JOINT CITYCOUNCIL- PLANNING COMMISSION
SYNOPSIS MINUTES
(Complete audio- and videotapes of this meeting are available from the City upon request)
Veteran's Memorial Building
Regular Meeting, 6:00 p.m.
Janice Peters, Mayor
Betty Winholtz, Vice -Mayor
Carla Borchard, Council Member
Rick Grantham, Council Member
Noah Smukler, Council Member
Bruce Ambo, Secretary
L CALL MEETING TO ORDER
Mayor Peters called the meeting to order at 6:00 p.m.
II. PLEDGE OF ALLEGIANCE
John Diodati led the Pledge of Allegiance.
209 Surf Street, Morro Bay
Monday, March 30, 2009
Nancy Johnson, Chair
Bill Woodson, Vice -Chair
John Diodati, Commissioner
Michael Lucas, Commissioner
Gerald Luhr, Commissioner
III. ROLL CALL
® Mayor Peters asked that the record show all City Council members were present.
Chair Johnson asked that the record show all Planning Commissioners were present.
Staff: Andrea Lueker, Kathleen Wold, Aileen Nygaard, Bruce Ambo, Christine Rogers.
IV. DUTIES AND RESPONSIBILITIES
Pursuant to the Municipal Code Section 2.28.120 D., the Planning Commission shall meet
with City Council twice each year to discuss proposed policies, programs, goals and
objectives, budgeting, future planning, or any other planning matter required joint
deliberation.
V. PUBLIC COMMENT PERIOD — Members of the audience wishing to address the City
Council and Planning Commission on City business matters may do so at this time.
David Weisman spoke in favor of the "Alliance for Nuclear Responsibility", thanked the
City Council for their support. Billed passed last week with no opposition.
John Barta spoke in opposition to Floor -to -Area Ratio (FAR). Stated it is essentially a
defacto down zoning which changes the value of a property. Existing homeowners
experience an immediate detriment. Benefit affects only some future homes, perhaps 10
per year.
Dorothy Cutter spoke in favor of FAR. Citizens' ordinance is quite comprehensive. Urges
public hearings to begin now rather than deferring to a later date.
Joint City Council/Planning Commission Meeting
® March 30, 2009
Jane Heath spoke in favor of FAR. Urged the Planning Commission and City Council to
direct staff to proceed with work on the FAR ordinance. Stated current zoning focuses
only on setback and footprint and therefore inadvertently encourages those who wish to
maximize square feet to build boxes.
Bill Black spoke in opposition to FAR. Acknowledged his house is "square" house.
Stated he is nearing a three-year term on roof solar panels installed on his home, which
provide power rather than simply consuming it. Heating system has not been utilized all
year. The house was built to superior standards than those required by the City, with no
variances, built to code and experiences positive fiscal impacts. Feels lot coverage
safeguards are already in place.
VL JOINT MEETING DISCUSSION ITEMS
Need For Lobbying Efforts with the Coastal Commission on the General Plan
Mayor Peters made a brief summary of history. We're sending letters on a monthly basis
and told that may be irritating staff and could have a negative effect.
The following discussion occurred:
® a) Coastal Commission will be holding its meeting in San Luis Obispo in July providing
an opportunity to express our concerns and engage Mr. Douglas and others.
b) Delay may be hurting the City as new LCP and Zoning Code would resolve a number
of issues.
c) Suggestion that we initiated discuss with Katcho Achadjian first. Approaching staff
has not been effective. He is our representative and may have suggestion. Email each
Commissioner re: issues and length of review period. Felt we should go beyond staff.
d) State budget may be an issue; delay may not be by choice.
e) Would the two bodies like to identify a member or two to take the lead on the issue?
f) Coastal Commission application status was reviewed. Application has been deemed
complete. CCC wished to see Stormwater Master Plan and Municipal Code. The City
felt these were not pertinent to the update however provided them with the record of
all decisions. CCC has committed to providing the document for review.
MOTION: Mayor Peters moved the City Council and Planning Commission direct
staff to send a letter to the California Coastal Commission staff reiterating
the City's position that the application is complete, and encourage them to
complete their review; a copy of this letter to be sent to Katcho Achadjian;
and, that City representatives attend the local California Coastal
Commission meeting. The motion was seconded by Councilmember
Grantham and carried unanimously. (10-0)
2
Joint City Council/Planning Commission Meeting
® March 30, 2009
Newsoaner Racks
Mayor Peters reviewed the recommendation for purchase of a consolidation bin to be
funded by Harbor Fund or to copy Carmel or other court upheld ordinance about racks.
The following discussion occurred
a) Harbor Commission had previously directed Rick Algert to complete the evaluation,
and the City Council had directed City Attorney to create an ordinance to accomplish
that. Has not yet been completed.
b) Paso Robles had an ordinance, was sued and lost the case. Need to find an ordinance
that has been upheld, as this is new legal ground.
c) Suggestion that Carmel's ordinance be reviewed.
d) Morro Bay beautiful is on the cusp of ordering a consolidation bin if directed to do
so. Estimated cost believed to be approximately $3,000 per bin.
e) Ordinance should be Citywide. Bins are overly expensive.
MOTION: Mayor Peters moved the City Council and Planning Commission direct
staff to investigate the purchase of a consolidation bin; and, research
Carmel's ordinance for suitability. The motion was seconded by
® Councilmember Grantham and carried unanimously. (10-0)
Downtown Visioning
Mayor Peters gave an overview of consensus to proceed, it is part of the redevelopment
process, should community meeting begin, etc.?
The following discussion occurred:
a) Inquiry as to timeline of the RDA process and confirmation that it included the Power
Plant.
b) Confirmations that rough draft of Feasibility Study anticipated in May. The purpose
is to determine whether economic and physical blight actually exist per State
definitions. Based upon the findings the Council will review whether to proceed. If
the City proceeds with formation, development of the plan would include visioning.
Feels approximately 701/o of the community is inclusive, though area may be reduced
based on findings. Business District is included.
c) Without design guidelines, downtown will not prosper. Desire to see improved
linkages between the Downtown and the Embarcadero areas expressed.
d) Critical importance to have multiple thriving commercial areas. Concerned with
efficient use of time. Immediately apparent the City is not as walk able as we would
like it to be. Should be coherent rather than piece meal. Balance of efficiency and
0 speed on the issue.
Joint City Council/Planning Commission Meeting
® March 30, 2009
e)
With Business Improvement District and Hotel Owners Association publicizing
Morro Bay it is important this be addressed. Bulb -outs improve pedestrian access, do
not affect parking, look good and make our City safer.
f)
Redevelopment of downtown must occur while we still have these businesses here.
North Morro Bay shopping malls are in serious shape. Recent new developments all
look good. Need to get started so that when redevelopment funds become available
we are ready to move on it.
g)
Thriving businesses are critical and walk ability is important. Downtown and
Embarcadero in some spots looks dark, boring and dead. Carmel example reviewed
related to "path of light" to the Embarcadero.
h)
Often the issue is not the existing business owners but absentee landowners. There is
a significant amount of work to be done. May want to get started now rather than
waiting for the RDA.
i)
Question asked whether any effort has been made to coalesce the previous visioning
results. If we start the process can we do it in a way that will be coherent with the
RDA planning rather than duplicating our efforts? Are there specific activities that
could begin now?
j)
Discussed the structured format and framework of the RDA planning process and
how it will benefit the end result and efficiencies. When we get the General Plan
returns from the CCC and are approved, it will be productive to start with a visioning
®
process because it has been so long. That would also be an excellent time to start the
Downtown Visioning process.
k)
If specific components can be broken out and progress made, it was suggested that
occur.
1)
Along with General Plan, Zoning Code must also be addressed related to parking and
fees. The issue comes back down to a partnership of City, Landowners and Business
Owners. There are many components that must be pulled together.
m)
Confirmed Redevelopment Area Survey will be opened up to public hearings June or
July. If a decision is made to move forward, the formation process and visioning
could occur within the year.
n)
Suggestion made that all the previous visioning efforts are reviewed to create a
foundation for future discussions.
o)
Revenue source would also be tied to the process as part of the RDA process. Those
resources could be utilized to conduct the visioning process.
p)
Suggested a Planning Commission subcommittee be formed to create a baseline of
existing visioning studies.
q)
Discussion of potential immediate products occurred, determined this discussion
would be more suited after redevelopment funds are in hand.
n
U
Agreed by consensus to direct the Planning Commission to convene a subcommittee to
prepare an outlinelcompilation of available visioning documents and prepare a
presentation to Council.
4
Joint City Council/Planning Commission Meeting
® March 30, 2009
Lot Splitting
Mayor Peters was unable to ascertain how this issue was raised.
The following discussion occurred:
a) Tract 41 now has many safeguards incorporated to address lot splitting. Inquiry as to .
whether other projects also have those safeguards?
b) Review process is important. Need to look at lots in town that can accommodate low-
income housing. Each case needs to be looked at individually.
c) Need to be careful not to confuse lot splitting with density. Need to address single-
family homes in multi -family areas. Need to honor existing zoning and not downzone
other areas.
d) Linker process handled appropriately. Change may not be necessary. Taking a
universal brush is inappropriate. The process worked. There was an opportunity for
discretion and it was exercised. Compatibility issues must be addressed. Though there
are places where it is appropriate, R-1 protection is critical.
e) RI zone may not be an issue, as the new ordinance does not allow many lot splits.
Cannot confuse lot splits with maximum density usage. That is where we can get
affordable housing units in. Ordinances are in place, discretion may be exercised, and
® court actions allow for a safeguard.
f) Blanket coverage may take away opportunities for affordable housing.
Agreed by consensus that no change is necessary and lot split requests will continue to be
evaluated on a case -by -case basis.
Winholtz requested the record reflect the fact that during the discussion three Council
Members indicated they are not interested in lot splits.
Environmental Incentives to Promote Green Building in the Anplication and
Approval Process
The following discussion occurred:
g) Recent Solu project walked away with one good faith condition. Would like to see the
momentum carried forward from that project. City of Monterey has a great ordinance
with expedited permitting project, 25% time reduction, next day inspections, FAR
exemptions, and setback flexibility, etc. Projects can be incentivize with minimal
cost.
h) City of Davis also has a fine subdivision plan that promotes green building. Initial
layout of subdivision and sites is important. Need to start at the subdivision level and
incorporate siting concepts into our codes. Anything we can do to cut the timeline,
® give density bonuses, certify green construction and design processes.
5
Joint City Council/Planning Commission Meeting
® March 30, 2009
Budgeting to pay for those incentives has not been identified. Potential for fees
increases to poor projects and provide incentives for those who do good projects.
Would like to see projects like the Solu's rewarded.
j)
Inquired as what extent green building can be addressed within the Housing Element.
Confirmation given the sustainability and energy conservation will be a part of that
process.
k)
Noted monetary incentives are nice, but there are non -monetary things we can do.
The Solu project took a very long time to go through the process. Feels planning
review should be expedited, including remodels.
1)
Need to look at developing time and inspection fees if applicable and identify what
makes a project green, LEED Certification, renewable energy, etc. Support green
building but do not mandate it.
m)
Include remodel of single-family homes.
n)
Incentives proposal will be presented to the City Council April 13'h A memo was
circulated with information regarding the various certification processes.
o)
There is a need to continue with education and outreach. City projects provide a great
example.
p)
Important that we follow the code. Ask what is required and not beyond that.
q)
Staff has been working on a "Strategic Plan for Managing the Greening Process" and
will return within a month to review.
® r)
AB 811 was reviewed. Community may establish a special district, which allows
Homeowners to utilize a special assessment to weatherize and install renewable
energy systems. Would like to see this included it in the discussions.
s)
Incentives should include business that incorporates sustainability principles and
policies.
Agreed by consensus to direct staff to return in approximately one month with a
presentation pertaining to a comprehensive greening strategy. Fee incentive discussions
to occur at the April 13's City Council meeting.
Extent of Architectural Review by Planning Commission
Mayor Peters stated the Planning Commission should be enforcing code and ordinances.
There have been many comments from the public regarding imposing specific design
requirements.
The following discussion occurred:
a) Receiving subjective comments that the comments go beyond the rules. Commission
should not be making new policies and nor retroactive ones. Architectural projections
would be appropriate for comments, but subjective architectural review is not
appropriate.
® b) Avoiding subjectivity is beneficial as well as_not dictating style and taste to planners
and developers.
2
Joint City Council/Planning Commission Meeting
® March 30, 2009
c) If Commissioners are seeing an issue that needs to be addressed consistently, it
should be brought to the Council's attention.
d) Ensure comments regarding architecture are advisory and not directives.
e) Suggestion that Staff provide additional direction re: discussions, which exceed the
purview.
0 Problems are sometimes identified and inquiries made regarding the consideration
given to functioning aspects of the projects that could make them better projects i.e.,
noise elements, views from adjacent properties, etc.
g) There are situations where it is necessary to review architectural requirements in
specific overlay zones.
h) Conditioning certain materials or schemes may impact the financial feasibility and/or
burden the builder with additional costs.
Agreed by consensus that the Planning Commission is not an architectural review board,
and while suggestions may be made, architectural review is limited to policy, code and
ordinance compliance.
Floor to Area Ratio (FAR)
Mayor Peters asked Mr. Ambo if staff could put a paragraph in each project staff report
® analyzing the FAR impacts were the code in place. The zoning code pending approval
does address most of these issues.
The following discussion occurred:
a) Some of the comments regarding it being a taking of property value are unfounded.
Cities implementing FAR are good cities. Does not see the property value impacts
reflected in the empirical data.
b) FAR may not be the proper tool. When a house is deemed legal non -conforming it
may be devalued in the market place. Nonconforming structures may not be able to
get insurance or mortgage financing. There is a mechanism in place _for review of
larger homes with appeal to City Council.
c) FAR may not protect the community the way the community advocates think that it
will. Still allows projects to maximize the house based upon the way it appears from
the front. Would recommend the form -based approach. The identified envelope was
not intended to be the actual footprint, but a maximum.
d) FAR will not resolve the problem of bulk, size or scale compatibility. If we ask staff
to provide FAR information, it must be accompanied with conditions on how FAR
would be implemented. The average size of new homes has doubled over the last 30
years.
e) FAR may work to some degree, but in some cases does not work at all, specifically
remodels. Some question whether the vocal group is the majority of Morro Bay. Need
® to look at our current review process and the safeguards already in place.
Joint City Council/Planning Commission Meeting
® March 30, 2009
f)
Concerns regarding how will FAR affect our property taxes and City revenue. The
smaller homes have lower property taxes. Over a period of time, there could be large
impact. FAR may be too restrictive and is not family friendly in regard to remodels.
Elderly persons needing to bring in a caregiver can have difficulties. What happens to
non -confirming units? Are they to be grandfathered in?
g)
How we can add a paragraph to a staff report regarding how FAR will be impacted
when we do not have a FAR standard? Clarification followed that the number
proposed was that recommended by the ad hoc citizens group.
h)
Legal non -conforming houses have that designation for different reasons. General
application to legal non -conforming units is not appropriate. The 2500 square foot
limit was a stopgap measure. Need to move on to the real ordinance.
i)
There are two very vocal groups; this is an issue that needs to be addressed. The
current rate of development gives us the time and opportunity to adopt an ordinance
and evaluate impacts. Poor projects also affect property values. Incentives and
grandfathering in are avenues to allow for such projects to overcome those obstacles.
We should take what has been developed by the citizen's as a good baseline, with
recommendations from staff and the Planning Commission, and provide direction to
make the appropriate adjustments and move forward.
j)
FAR may be too restrictive. May work in a beach tract, but in other areas of town
properties may not hold their value. Guidelines we have may need changes. Planning
®
Commission has done well.
k)
There is a particular property in the City that fits the allowed footprint but has a huge
high ceiling, which makes it a massive structure from the street. FAR does not
address that. It will not solve the problem of out of scale buildings in neighborhoods.
Updated General Plan and Zoning Code will address many of these issues. Proposes a
six-month trial period with staff reports addressing FAR This will allow us to review
whether this would be a beneficial change or a detrimental change.
1)
The idea that FAR is too restrictive or does or doesn't work cannot be evaluated until
there is a plan in place. FAR must be accompanied with other measures.
m)
Each property already has a FAR There are lot size, setbacks and height limitations.
We do not have problems with second stories. We have the discretion to look at
properties over 2,500 feet however we have no teeth. A smaller house can be a better
house. Quality will always sell.
n)
Suggestion.that FAR be implemented along with incentives. Additional square feet if
they articulate, bonus if they incorporate some green or solar component, or other
incentive the City or community deems desirable.
o)
Previous analysis did gauge it to the averages. A prototype was prepared to
demonstrate that it does not get at compatibility. That is a labor-intensive piece of the
analysis. Reflecting on a number does not address compatibility.
p)
There is a strong voice of people that don't think it's the answer. Coming to the
Planning Commission to address non-conformance is very expensive. The closest we
get is the Beach Tract. There are restrictions there that have worked for years. Why
®
can't we look at how those restrictions are working and apply those as needed to
other parts of town? It needs to be evaluated by neighborhood.
0
Joint City Council/Planning Commission Meeting
March 30, 2009
q) Two issues need to be addressed. The duplication of plans, and homes that are out of
scale. Duplication can be addressed by creating an exemption of use. Would like to
see staff put some of these myths to bed. Many of these issues could be addressed by
a minor staff analysis based upon case studies of cities that have implemented FAR
successfully. Those cities that have implemented FAR are vibrant communities.
Housing and the health of our economy are tied.
Mayor Peters brought the issue back to the City Council, reiterating proposal that staff
add a paragraph to each project to address the impacts if FAR were implemented.
The following discussion occurred:
a) FAR does not address compatibility. The FAR area analysis has already been
completed. It will provide only a number, no basis for comparison or relationship
with existing home sizes. Previous analysis looked at three different neighborhoods,
which was very labor intensive to complete.
b) The question was asked whether neighborhood analysis could also be included in the
staff report. It was clarified only three neighborhoods were analyzed and that it was a
very labor-intensive endeavor.
® c) Need to address the difference between compatibility and FAR. The current proposal
will provide data.
d) Suggestion that we review the work that has been completed, make the appropriate
adjustments and come back with a proposal. Let's start looking at the questions and
concerns and move forward with something that is effective in addressing them.
e) Per the last direction received from Council, the areas of concern were analyzed (best
recollection included the Island streets, Tree streets, Center of the town, and perhaps
the Hillcrest neighborhood). Recommendations were developed. The cost of doing
developing one option for code inclusion was $25,000.
MOTION: Mayor Peters moved the City Council direct staff for all future projects for
Planning Commission review, each staff report for the next 6 months to
include a paragraph to address what FAR would be. The motion was
seconded by Councilmember Winholtz and carried with Councilmember
Borchard voting no. (4-1)
VII. ADJOURN JOINT CITY COUNCIIJPLANNING COMMISSION MEETING
The meeting was adjourned at 8:00 pm.
w
VEIL ESTABLISH QUORUM AND CALL TO ORDER A SPECIAL CITY COUNCIL
® MEETING
IX. PUBLIC HEARING
Claire Grantham encouraged approval of a grant application for an additional police officer.
Brian Mallard, Peace Officer encouraged approval of an application for a new officer.
Backup call time from Los Osos is 5 minutes. Recent armed robbery at Heritage Oaks
Bank was also a single officer incident.
Resident encouraged acceptance of a grant application.
X. NEW BUSINESS
1. Authorization to Apply for the Cops Hiring Recovery Program (CHRP) Grant.
Police Chief John DeRohan presented the staff report. Grant will begin to reach the goal
of returning to Pre-2005 staffing levels. Past years have not provided grant opportunities.
There is a good opportunity that we may lose one of our officers to military service in
Afghanistan and will not be able to fill the position.
The following discussion and clarification occurred:
® a) It would not be possible to hire a temporary officer unless an additional position was
funded. By law, we must hold the position during military leave.
b) There is a possibility that someone may retire during the three-year period. We would
still be required to retain the position due to grant supplanting requirements.
c) The approximate cost is for the entire three-year term, with one pay raise and one
merit increase.
d) There is no obligation to hire unless the grant is awarded.
e) This person would be used for patrol. In mutual aid circumstance the City is required
to send out one officer, leaving only one officer in the City to patrol. Suggestion made
to put aside monies annual at a rate of $30K per year to prepare for fourth year in
advance. Not recommended that COP Grant be utilized for the purposes because of
the unpredictability of the grant offering.
f) Discussion of whether Measure Q funds may be appropriate for this purpose occurred
with opposing views.
MOTION: Councilmember Grantham moved the City Council approve the grant
application for the Federal CHRP grant, and authorize the appropriate
funding as required by the grant requirements; and, set aside a minimum of
$30,000 per year for four years to pay the funds in their entirety in the
fourth year. The motion was seconded by Councilmember Winholtz and
carried unanimously. (5-0)
10
Special City Council Meeting
March 30, 2009
2. Consideration of Support for AB 42 (Blakeslee) "Pacific Gas and Electric Company
Seismic Survey"
Councilmember Winholtz provided an overview of Blakeslee Assembly Bill 42, which
proposes a study and encouraged the execution of letter of support.
City Manager Andrea Lueker suggested we approve the letter as is but continue to
monitor the bills progress and any updates or significant changes.
MOTION: Councilmember Winholtz moved the City Council approve sending a letter
of support for Assembly Bill 42. The motion was seconded by
Councilmember Grantham and carried unanimously. (5-0)
Mayor Peters adjourned the meeting at 8:30 PM.
Nancy J tnso , Chairperson
E
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 — MARCH 23, 2009
CLOSED SESSION — MARCH 23, 2009
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 CLAIMS AND
LITIGATION: STATUS REPORT ON THE HANDLING OF PENDING
CLAIMS AND LITIGATION. This is a report on the process of handling
claims and litigation 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-2 GOVERNMENT CODE SECTION 54956.9(A): CONFERENCE WITH
LEGAL COUNSEL REGARDING PENDING LITIGATION.
• WALLICK vs. CITY OF MORRO BAY
IT IS NOTED THAT THE CONTENTS OF CLOSED SESSION MEETINGS
ARE CONFIDENTIAL AND EXEMPT FROM DISCLOSURE.
0
PUBLIC SESSION — MARCH 23, 2009
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.
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
MARCH 9, 2009; (ADMINISTRATION)
0 RECOMMENDATION: Approve as submitted.
® A-2 AMENDMENT TO THE FLEXIBLE SPENDING ACCOUNT BENEFIT FOR
DEPENDENT CARE EXPENSES CONTRIBUTION LIMIT; (ADMINISTRATIVE
SERVICES)
RECOMMENDATION: Authorize the maximum contribution limit in the Flexible
Spending Account Program for Dependent Care expenses to be set at $5,000.
A-3 STATUS REPORT ON APPLICATIONS FOR ECONOMIC STIMULUS FUNDING;
(ADMINISTRATION)
RECOMMENDATION: Accept the Status Report on Applications for Economic
Stimulus Funding for fide.
A4 LETTER OF SUPPORT FOR LIABILITY DAMUNITY BILL (AB 634);
(ADMINISTRATION)
RECOMMENDATION: Approve sending the letter of support for Liability
Immunity Bill (AB 634).
A-5 PROCLAMATION DECLARING APRIL 2009 AS "FAIR HOUSING MONTH";
(PUBLIC SERVICES)
Is
RECOMMENDATION: Adopt Proclamation.
A-6 PROCLAMATION DECLARING APRIL 2009 AS "MONTH OF THE CHILD"
AND "CHILD ABUSE PREVENTION MONTH" AND APRIL 11, 2009 AS "DAY
OF THE CHILD"; (ADMINISTRATION)
RECOMMENDATION: Adopt Proclamation.
A-7 PROCLAMATION DECLARING AMERICAN HUMANE SOCIETY'S "EVERY
DAY IS TAG DAY"; (ADMINISTRATION)
RECOMMENDATION: Adopt Proclamation.
A-8 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.
f�
B. PUBLIC HEARINGS. REPORTS & APPEARANCES
B-1 MASTER PLAN AMENDMENT/SPECIAL USE PERMIT/COASTAL
DEVELOPMENT PERMIT TO DESIGNATE AND IMPROVE A ONE -ACRE
AREA WITHIN DEL MAR PARK FOR USE AS AN OFF -LEASH DOG PARK;
(RECREATION & PARKS)
RECOMMENDATION: Conditionally approve the project.
B-2 HEARING TO CONSIDER PUBLIC TESTIMONY REGARDING THE
ESTABLISHMENT OF THE MORRO BAY TOURISM BUSINESS
IMPROVEMENT DISTRICT (MBTBID) AND LEVY OF ASSESSMENTS; (CITY
ATTORNEY)
RECOMMENDATION: Direct staff to bring forth the draft Ordinance establishing
the Morro Bay Tourism Business Improvement District for first reading and
introduction at the April 13, 2008 City Council meeting.
B-3 ADOPTION OF ORDINANCE NO. 544 AMENDING TITLE 5 BUSINESS
LICENSES AND REGULATIONS, CHAPTERS 5.04 AND 5.09 REGARDING
DELIVERY VEHICLES: FIRST READING/IIdTRODUCTION;
(ADMINISTRATIVE SERVICES)
® RECOMMENDATION: Adopt Ordinance No. 544 for first reading and introduction.
BA ADOPTION OF ORDINANCE NO. 545 AMENDING TITLE 5 BUSINESS
LICENSES AND REGULATIONS, CHAPTERS 5.04 REGARDING DURATION
OF LICENSE AND FEE PAYMENT — PRORATING: FIRST
READING/INTRODUCTION; (ADMINISTRATIVE SERVICES)
RECOMMENDATION: Adopt Ordinance No. 545 for first reading and introduction.
C. UNFINISHED BUSINESS — NONE-
D. NEW BUSINESS
D-1 RECOMMENDATION FROM BOARDS AND COMMISSIONS ON BY-LAW
AMENDMENTS; (ADMINISTRATION)
RECOMMENDATION: Amend the Advisory Board/Commissions By -Laws as
recommended.
E. DECLARATION OF FUTURE AGENDA ITEMS
F. 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.
E
E
® MINUTES - MORRO BAY CITY COUNCIL
CLOSED SESSION — MARCH 23, 2009
CITY HALL CONFERENCE ROOM - 5:00 P.M.
Vice -Mayor Winholtz called the meeting to order at 5:00 p.m.
PRESENT: Betty Winholtz Vice -Mayor
Carla Borchard Councilmember
Rick Grantham Councilmember
Noah Smukler Councilmember
ABSENT: Janice Peters Mayor
STAFF: Andrea Lueker City Manager
Robert Schultz City Attorney
CLOSED SESSION
MOTION: Councilmember Smukler moved the meeting be adjourned to Closed
Session. The motion was seconded by Councilmember Grantham and
unanimously carried. (4-0)
® Vice -Mayor Winholtz read the Closed Session Statement.
CS-1 GOVERNMENT CODE SECTION 54956.9(A): CONFERENCE WITH
LEGAL COUNSEL REGARDING PENDING CLAIMS AND LITIGATION:
STATUS REPORT ON THE HANDLING OF PENDING CLAIMS AND
LITIGATION. This is a report on the process of handling claims and litigation
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-2 GOVERNMENT CODE SECTION 54956.9(A): CONFERENCE WITH
LEGAL COUNSEL REGARDING PENDING LITIGATION.
• WALLICK vs. CITY OF MORRO BAY
The meeting adjourned to Closed Session at 5:00 p.m. and returned to regular session at
5:45 p.m.
MOTION: Councilmember Smukler moved the meeting be adjourned. The motion was
seconded by Councilmember Borchard and unanimously carried. (4-0)
The meeting adjourned at 5:45 p.m.
11
® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — MARCH 23, 2009
VETERANS MEMORIAL HALL - 6:00 P.M.
Vice -Mayor Winholtz called the meeting to order at 6:00 p.m
PRESENT: Betty Winholtz
Vice -Mayor
Carla Borchard
Councilmember
Rick Grantham
Councilmember
Noah Smukler
Councilmember
ABSENT: Janice Peters
Mayor
STAFF: Andrea Lueker
City Manager
Robert Schultz
City Attorney
Bridgett Bauer
City Clerk
Bruce Ambo
Public Services Director
John DeRohan
Police Chief
Teresa McClish
Contract Planner
Mike Pond
Fire Chief
Susan Slayton
Administrative Services Director
Joe Woods
Recreation & Parks Director
® ESTABLISH QUORUM AND CALL TO ORDER
MOMENT OF SILENCE
PLEDGE OF ALLEGIANCE
MAYOR AND COUNCIL MEMBERS REPORTS,
ANNOUNCEMENTS &
PRESENTATIONS
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
Lily Stewart invited the public to Morro Bay High School's production of the musical
"Lucky Stiff' which would be held March 26'h — 28°i.
David Weisman, representing the Alliance for Nuclear Responsibility, requested the City
Council consider placing on a Council agenda a letter regarding the investigation of seismic
retrofitting of the power plant (AB 42).
Colby Crotzer expressed concern with the management of City funds.
Hank Roth stated the Citizens Police Academy would be held on consecutive Thursdays
April 23`d through June 18th.
n
2
® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — MARCH 23, 2009
Pearl Munak requested the City's assistance to lobby our representatives to allow SSI
recipients to be able to receive food stamps.
Joan Solu announced the Dixon Spaghetti fundraiser would be held Friday, March 27a'; and
the Del Mar Elementary School fundraiser would be held Sunday, March 29's with an art
auction, cow plop and barbeque.
Rick Gilligan announced a meeting regarding the Community Aquatics Center on April 4's.
He also expressed support . for Item B-I (Master Plan Amendment/Special Use
Permit/Coastal Development Permit to Designate and Improve a One -Acre Area Within
Del Mar Park for Use as an Off -Leash Dog Park).
Frank Silva, Morro Bay Garbage, stated "Clean Up Week" is scheduled for the week of
April 6s—l0's, which is a community service provided free to single-family residential
customers.
Melody DeMeritt announced the Morro Bay Kite Festival Parade is scheduled on April
25ie, and expressed her desire that Morro Bay Boulevard would be paved by that date. She
also stated the discussion of a four-year mayoral term is anti -democratic.
® Vice -Mayor Winholtz closed the hearing for public comment.
11
Vice -Mayor Winholtz called for a break at 7:04 p.m.; the meeting resumed at 7:15 p.m.
A CONSENT CALENDAR
Unless an item is pulled for separate action by the City Council, the following actions are
approved without discussion.
A-1 APPROVAL OF MINUTES FOR THE REGULAR CITY COUNCIL MEETING OF
MARCH 9, 2009; (ADMINISTRATION)
RECOMMENDATION: Approve as submitted.
A-2 AMENDMENT TO THE FLEXIBLE SPENDING ACCOUNT BENEFIT FOR
DEPENDENT CARE EXPENSES CONTRIBUTION LIMIT; (ADMINISTRATIVE
SERVICES)
RECOMMENDATION: Authorize the maximum contribution limit in the Flexible
Spending Account Program for Dependent Care expenses to be set at $5,000.
3
® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — MARCH 23, 2009
A-3 STATUS REPORT ON APPLICATIONS FOR ECONOMIC STIMULUS
FUNDING; (ADMINISTRATION)
RECOMMENDATION: Accept the Status Report on Applications for Economic
Stimulus Funding for file.
A-4 LETTER OF SUPPORT FOR LIABILITY IMMUNITY BILL (AB 634);
(ADMINISTRATION)
RECOMMENDATION: Approve sending the letter of support for Liability
Immunity Bill (AB 634).
A-5 PROCLAMATION DECLARING APRIL 2009 AS "FAIR HOUSING MONTH';
(PUBLIC SERVICES)
RECOMMENDATION: Adopt Proclamation.
A-6 PROCLAMATION DECLARING APRIL 2009 AS "MONTH OF THE CHILD"
AND "CHILD ABUSE PREVENTION MONTH" AND APRIL 1 I. 2009 AS
® "DAY OF THE CHILD"; (ADMINISTRATION)
RECOMMENDATION: Adopt Proclamation.
A-7 PROCLAMATION DECLARING AMERICAN HUMANE SOCIETY'S "EVERY
DAY IS TAG DAY"; (ADMINISTRATION)
RECOMMENDATION: Adopt Proclamation.
A-8 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.
Vice -Mayor Winholtz pulled Items A-6 and A-7 from the Consent Calendar in order to make
presentations.
MOTION: Councilmember Borchard moved the City Council approve Items A-6 and
A-7 of the Consent Calendar. The motion was seconded by Councilmember
Smukler and carried unanimously. (4-0)
® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — MARCH 23, 2009
MOTION: Councilmember Grantham moved the City Council approve the remainder
of the Consent Calendar. The motion was seconded by Councilmember
Borchard and carried unanimously. (4-0)
B. PUBLIC HEARINGS. REPORTS & APPEARANCES
B-1 MASTER PLAN AMENDMENT/SPECIAL USE PERMIT/COASTAL
DEVELOPMENT PERMIT TO DESIGNATE AND IMPROVE A ONE -ACRE
AREA WITHIN DEL MAR PARK FOR USE AS AN OFF -LEASH DOG PARK;
(RECREATION & PARKS)
Planner Teresa McClish stated Morro Bay Pups, working through a joint venture Memorandum
of Understanding with the City of Morro Bay, is proposing to designate and construct an off -
leash dog park consisting of an amendment to the Parks and Recreation Facilities Plan for the
provision of the off -leash dog park in order to provide consistency with the City's General
Plan; and a Coastal Development Permit and Special Use Permit for the development of the
off -leash dog park, including perimeter fencing of a one -acre area within the northwestern
portion of Del Mar Park for off -leash dogs. Existing vegetation is proposed to remain and
® includes managed turf and cypress trees. The hours of operation of the dog park are from 7:00
a.m. to sunset, coinciding with the hours of operation of Del Mar Park. The proposed
improvements consists of chain link fencing, double -entry gates, signage outlining the
appropriate rules and regulations including required clean-up after dogs, bulletin board,
sanitary mitt/bag dispenser and trash receptacles all of which are designed to be conducive for
the safe enjoyment of the dog park. There is no lighting proposed. The Planning Commission
reviewed and unanimously approved the project at their March 2, 2009 meeting. Ms. McClish
recommended the City Council review the information provided, consider public testimony,
and conditionally approve the project by adopting the findings in "Exhibit A"; approve the
amendment to the Parks and Facilities Master Plan as shown in "Exhibit B"; and approve the
Coastal Development Permit and Special Use Permit subject to the conditions included in
"Exhibit C" and the Site Development Plans in "Exhibit "D".
Vice -Mayor Winholtz opened the hearing for public comment.
Steve Eckes, representing Morro Bay Pups, stated they unconditionally support the staffs
recommendation on the dog park. He said Morro Bay Pups look forward to the prospect of
this park being named in honor of the Jody Giannini Family in appreciation of their
extraordinary generosity. Mr. Eckes stated Morro Bay Pups has achieved 801/o of their
fundraising goal.
Vice -Mayor Winholtz closed the public comment hearing.
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MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — MARCH 23, 2009
Recreation and Parks Director Joe Woods stated the Recreation and Parks Department has
supported the off -leash dog park concept since its inception, along with the Del Mar Park
Master Plan amendment, which includes this off -leash dog park area. He said as applicant,
the Recreation and Parks Department staff agrees with the report that has been provided by
Planning staff, and looks forward to the relationship with Morro Bay Pups throughout the
construction and maintenance stages of this off -leash dog park.
Councilmember Grantham referred to the hours of operation, and suggested changing the
hours to 8:00 a.m. opening on weekdays, and 9:00 a.m. on weekends. He noted Ironwood
Avenue has a lot of traffic especially on Sundays when church is in session.
Councilmember Smukler suggested literature or a condition that directs participants of the
dog park to access the southern approach of Ironwood Avenue. He also suggested using
the Adopt -a -Tree Program and planting larger trees along the north side of the park for
visibility and noise buffers. Councilmember Smukler stated he supports the hours of
operation to begin at 8:00 a.m.
® Councilmember Borchard stated she supports the project as presented along with
Councilmember Grantham's suggested time change due to the surrounding residential area.
She said she does not see an issue with traffic, as there is a balance between Island Street
and Ironwood Avenue.
Councilmember Winholtz suggested the hours of operation be the same as weekend
construction hours, which begin at 8:00 a.m. She also agreed that traffic should be directed
to Ironwood Avenue because it is not as residential as Island Street.
MOTION: Councilmember Grantham moved the City Council conditionally approve
the project by adopting the findings in "Exhibit A"; approve the amendment
to the Parks and Facilities Master Plan as shown in "Exhibit B"; and approve
the Coastal Development Permit and Special Use Permit subject to the
conditions included in "Exhibit C" with an amendment that the hours of
operation are from 8:00 a.m. to sunset, and the Site Development Plans in
"Exhibit "D". The motion was seconded by Councilmember Borchard and
carried unanimously. (4-0)
2
® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — MARCH 23, 2009
B-2 HEARING TO CONSIDER PUBLIC TESTIMONY REGARDING THE
ESTABLISHMENT OF THE MORRO BAY TOURISM BUSINESS
IMPROVEMENT DISTRICT (MBTBID) AND LEVY OF ASSESSMENTS;
(CITY ATTORNEY)
City Attorney Robert Schultz stated this item continues the process to establish the Morro Bay
Tourism Business Improvement District by asking Council to take public testimony regarding
the intention to form a district and levy assessments within the City's jurisdiction. The purpose
of today's public meeting is to receive oral and written protests by the owners of lodging
businesses within the City's jurisdiction that pay 50% or more of the proposed assessment, no
further proceedings may be taken for a period of one year. If there is not such a majority
protest, the formation process will continue to the public hearing on April 13, 2009 to consider
the ordinance establishing the Morro Bay Tourism Business Improvement District. A second
and final reading would be held on April 27, 2009. The Parking and Business Improvement
Area Law of 1989, Streets and Highways Code Section 36500 et seq., sets out the sequence of
events required for the formation of a Business Improvement District. Mr. Schultz
recommended the City Council receive public testimony regarding the establishment of the
Morro Bay Tourism Business Improvement District and levy of assessments and then direct
staff to bring forth the draft Ordinance establishing the Morro Bay Tourism Business
® Improvement District for first reading and introduction at the April 13, 2009 City Council
meeting.
Vice -Mayor Winholtz opened the hearing for public comment.
Joan Solu stated the motelfhoteliers would like to move forward with the appointment of an
advisory board, and requested the City name the two candidates that would serve on the
board from the Community Promotions Committee. She said at present no administrative
fee has been designated in the ordinance, and requested it be publicly stated if there will or
will not be a fee.
Jonni Biaggini stated it is important that the advisory board be seated by May 1, 2009 in order
to move forward with the marketing plan and budgeting. She also noted it should be stated if
there will be an administrative fee or not.
Harold Biaggini stated he agrees with the above speakers.
Mike Casola stated he appreciates the City's efforts in this matter.
Vice -Mayor Winholtz closed the public comment hearing.
Council asked questions for clarification.
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® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — MARCH 23, 2009
MOTION: Councilmember Grantham moved the City Council direct staff to bring forth
the draft Ordinance establishing the Morro Bay Tourism Business
Improvement District for first reading and introduction at the April 13, 2009
City Council meeting. The motion was seconded by Councilmember
Smukler and carried unanimously. (4-0)
Vice -Mayor Winholtz called for a break at 8:12 p.m.; the meeting resumed at 8:22 p.m.
B-3 ADOPTION OF ORDINANCE NO. 544 AMENDING TITLE 5 BUSINESS
LICENSES AND REGULATIONS, CHAPTERS 5.04 AND 5.09 REGARDING
DELIVERY VEHICLES: FIRST READING/INTRODUCTION;
(ADMINISTRATIVE SERVICES)
City Attorney Robert Schultz stated on October 27, 2008, staff brought forth an agenda item to
discuss the requirement of a business license from businesses that make deliveries in Morro
Bay. The Municipal Code Section 5.04.050 states: "There is hereby imposed, upon the
businesses, trade professions, callings, and occupations specified in this title, license fees as
established annually in the Business License Rate Schedule." Staff interpreted this to mean
that every individual, partnership or corporation that is doing business in Morro Bay is
® responsible for paying a business license unless it is not legal for the City to charge it. This
logic was applied to delivery trucks, as they: 1) benefit from the advertising on their delivery
vehicles; 2) are profiting from the sales of their wares; 3) should pay a similar fee, as required
of the other businesses within the City limits; 4) have access to the same emergency services as
do the license -paying businesses; 5) negatively impact our infrastructure; and 6) do not pay to
support our City services as do our license -paying businesses. Mr. Schultz recommended the
City Council approve Ordinance No. 544 amending Title 5: Business Licenses and
Regulations, Chapters 5.04 and 5.08 regarding delivery vehicles for first reading and
introduction.
Vice -Mayor Winholtz opened the hearing for public comment; there were no comments, and
Vice -Mayor Winholtz closed the public comment hearing.
Councilmember Winholtz stated she has mixed emotions regarding this issue because there are
larger vehicles that are using City streets, and then there are smaller vehicles that deliver goods
to businesses that pass on fees to their customers.
Councilmember Borchard stated there are vendors that drive large vehicles and come into the
City seven days per week, they utilize City services and facilities, and when the fuel costs were
so high they charged the merchants that were in the hospitality business fuel charges.
Councilmember Smukler stated he agrees with Councilmember Borchard's comments.
11
® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — MARCH 23, 2009
Councilmember Grantham stated he supports this Ordinance in order to support Morro Bay
consumers who pay delivery fees a break.
MOTION: Councilmember Borchard moved the City Council deny the approval of
Ordinance No. 544 amending Title 5: Business Licenses and Regulations,
Chapters 5.04 and 5.08 regarding delivery vehicles. The motion was
seconded by Councilmember Smukler and carried with Councilmember
Grantham voting no. (3-1)
B-4 ADOPTION OF ORDINANCE NO. 545 AMENDING TITLE 5 BUSINESS
LICENSES AND REGULATIONS, CHAPTERS 5.04 REGARDING DURATION OF
LICENSE AND FEE PAYMENT — PRORATING: FIRST READING/
INTRODUCTION; (ADMINISTRATIVE SERVICES)
City Attorney Robert Schultz stated on October 27, 2008, staff brought forth an agenda item to
maintain the one-year business license renewal cycle and change the renewal dates to coincide
with the business start date. Staff contacted the business license software vendor and learned
the program can be switched to an annual, monthly renewal cycle for a small fee. Council
agreed to maintain a one-year business license renewal cycle, and change the renewal date to
® coincide with the business start date, and directed staff to return with an ordinance amending
the Municipal Code. Mr. Schultz recommended the City Council approve Ordinance No. 545
amending Morro Bay Municipal Code Title 5, Section 5.04.160 entitled Duration of license to
change the expiration date to coincide with the end of the month in which the business started,
and amending Section 5.04.260 Fee payment —prorating to remove all references to prorating.
Vice -Mayor Winholtz opened the hearing for public comment; there were no comments, and
Vice -Mayor Winholtz closed the public comment hearing.
MOTION: Councilmember Grantham moved the City Council approve Ordinance No.
545 amending Title 5 Business Licenses and Regulations, Chapters 5.04
regarding Duration of License and Fee Payment —Prorating for first reading
and introduction. The motion was seconded by Councilmember Borchard
and carried unanimously. (4-0)
City Manager Andrea Lueker read Ordinance No. 545 by number and title only.
C. UNFINISHED BUSINESS — None.
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® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — MARCH 23, 2009
1
D. NEW BUSINESS
D-I RECOMMENDATION FROM BOARDS AND COMMISSIONS ON BY-LAW
AMENDMENTS; (ADMINISTRATION)
City Manager Andrea Lueker stated on December 8, 2008, the City Council directed each
Advisory Board and Commission to review its by-laws and return to Council with
recommendations.
The Harbor Advisory Board recommended the following amendment be made to the
Absence from Meetings Section of the by-laws to read as follows: "At the Department
Director's discretion in consultation with the Chair and Vice Chair, an absence may be
excused and not count against the Board Member."
The Recreation & Parks Commission recommended the following amendment be made to
the City Council Policies and Procedures (which apply to the Boards and Commissions)
regarding Cancellations of a Meeting: "Except in the case of an emergency or mutually
agreed upon by Staff and the Chair prior to the noticing of a regular meeting, a regular
meeting can only be canceled by an affirmative vote of the majority of Council at a
previously noted meeting."
The Community Promotions Committee noted conflicting information regarding the
"Qualifications" section of its by-laws and requested the following amendment: "Four of
the 7 members of the Community Promotions Committee must be residents and registered
voters of the City during the term of appointment, ..."
The City Council denied the recommended amendment on the Cancellation of Meetings
policy and concurred it should remain the same.
The City Council denied the recommended amendment on the Absence from Meetings
policy and concurred it should remain the same.
MOTION: Councilmember Borchard moved the City Council approve the following
amendment to the Community Promotions Committee Qualifications
section: "Four of the 7 members of the Community Promotions Committee
must be residents and registered voters of the City during the term of
appointment, ...". The motion was seconded by CouncHmember Grantham
and carried unanimously. (4-0)
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MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — MARCH 23, 2009
E. DECLARATION OF FUTURE AGENDA ITEMS
Councilmember Smukler requested to agendize the consideration of an amendment to
Morro Bay Municipal Code 3.08.100(EX2) regarding preference to local vendors; Council
concurred.
Councilmember Smukler requested an update on the funding for the back-up generator for
City Hall and Dial -a -Ride; Council concurred
Councilmember Winholtz requested to agendize a letter regarding seismic retrofitting of
the power plant (AB 42): Council concurred.
Councilmember Winholtz requested to agendize a letter regarding Pearl Munak's request to
lobby our representatives to allow SSI recipients to be able to receive food stamps: Council
concurred.
Councilmember Winholtz requested to agendize a discussion on the formation of a
committee regarding the Fire Department service options; Council concurred.
931XI19HPOSWUR
The meeting adjourned at 8:51p.m.
(Reecorddeed by: `
Bridgett Bauer
City Clerk
11
NOTICE OF SPECIAL MEETING
NOTICE IS HEREBY GIVEN that the Morro Bay City Council will be holding a
Special Meeting on Thursday, March 19, 2009 at 5:00 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 previewing the agenda for the Morro Bay/Cayucos Sanitary District Joint
Powers Authority meeting as follows:
A. CONSENT CALENDAR
I. Minutes of September 4, 2008 Meeting — Recommend approve
2. Wastewater Treatment Plant (WWTP) Operations Report through January, 2009
— Recommend receive and file
3. Status Report on NPDES Permit Renewal Process — Recommend receive and file
4. Status Report on the EIR for the WWTP Upgrade project — Recommend receive
and file
5. Status Report on the Design Process for the WWTP Upgrade Process —
Recommend receive and file
6. Financial Status Report as of December 31, 2008
B. OLD BUSINESS
1. Discussion of a Five Year Capital Improvement Plan for the WWTP and
Consideration of Entering into an Agreement with Cannon Associates for
Development of a CIP
® C. NEW BUSINESS
1. Invoice for 4te Quarter of FY 07/08, and I° and 2°d Quarters of FY 08/09 —
Recommend Approve
2. Audit Presentation for FY 05/06 and FY 06/07 - Recommend Approve
3. 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, Mono 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: March 11, 2009
27 Jo2
® Bridgett B ter, 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 — MARCH 9, 2009
CLOSED SESSION — MARCH 9, 2009
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 and PEKAREK
IT IS NOTED THAT THE CONTENTS OF CLOSED SESSION MEETINGS
ARE CONFIDENTIAL AND EXEMPT FROM DISCLOSURE.
® PUBLIC SESSION — MARCH 9, 2009
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.
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 FEBRUARY 23, 2009; (ADMINISTRATION)
9 RECOMMENDATION: Approve as submitted.
® A-2 AUTHORIZATION TO SECURE A USDA LOAN TO FUND FIRE STATION
53 PHASE II; (FIRE)
RECOMMENDATION: Authorize the City Manager to sign loan documents
with the United States Department of Agriculture to secure funding for
Phase II of the Fire Station 53 replacement project in an amount not to
exceed $3,000,000 and annual payments not to exceed $200,000 per year.
A-3 APPROVAL OF MAYOR AND COUNCIL MEMBERS TO ATTEND THE
LEAGUE OF CALIFORNIA CITIES "LEGISLATIVE ACTION DAYS";
(ADMINISTRATION)
RECOMMENDATION: Approve sending the Mayor and/or Council Members
to attend the League of California Cities "Legislative Action Days" in
Sacramento.
A4 APPROVAL OF PARCEL MAP PM MB 05-0357 (594 KINGS AVENUE) AND
ACCEPTANCE OF OFFER OF DEDICATION; (PUBLIC SERVICES)
RECOMMENDATION: Adopt Resolution No. 10-09.
A-5 RESOLUTION IN SUPPORT OF THE ADOPT -A -TREE PROGRAM;
(PUBLIC SERVICES)
® RECOMMENDATION: Adopt Resolution No. 11-09.
A-6 POTENTIAL TOPICS FOR THE JOINT PLANNING COMMISSION/CITY
COUCIL MEETING; (PUBLIC SERVICES)
RECOMMENDATION: Consider potential discussion topics for the joint
Planning Commission/City Council meeting on March 30, 2009.
A-7 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-8 APPROVAL OF RESOLUTION NO. 09-09 AUTHORIZING THE CITY OF
MORRO BAY TO ENTER INTO A DERELICT VESSEL ABATEMENT
GRANT WITH THE MORRO BAY NATIONAL ESTUARY PROGRAM;
(HARBOR)
RECOMMENDATION: Adopt Resolution No. 09-09.
3
® B. PUBLIC HEARINGS. REPORTS & APPEARANCES
B-I RECOMMENDATION ON CONTRACTING WITH CAL FIRE FOR FIRE
SERVICES IN MORRO BAY; (FIRE)
RECOMMENDATION: Advise Cal Fire that the City is not interested in
continuing the process toward a full service contract at this time.
C. UNFINISHED BUSINESS
C-1 DISCUSSION ON REVENUE GENERATING BALLOT MEASURES FOR
THE JUNE 2010 ELECTION; (CITY ATTORNEY)
RECOMMENDATION: Direct Staff regarding which revenue -generating ballot
measures to begin preparing for consideration at a City Workshop.
D. NEW BUSINESS
D-I SANITARY SEWER MANAGEMENT PLAN; (PUBLIC SERVICES)
RECOMMENDATION: Adopt Chapters 3,4,6 and 7 of the Sanitary Sewer
Management Plan, and direct staff to continue to prepare the remaining
Chapters in conjunction with the Public Works Advisory Board.
® D-2 REVIEW PRELIMINARY- DESIGN AND COST ESTIMATES FOR THE
NORTH MAIN STREET CLASS II BIKE LANE PROJECT; (PUBLIC
SERVICES)
RECOMMENDATION: Consider the feasibility and direct staff on whether to
proceed further toward the installation of Class H bike lanes on North Main
Street.
D-3 REPORT ON THE DRAFT GOALS AND OBJECTIVES FROM THE GOALS
SETTING WORKSHOP; (ADMINISTRATION)
RECOMMENDATION: Adopt the Goal Setting Workshop Outcomes for 2009
as designated priorities.
E. DECLARATION OF FUTURE AGENDA ITEMS
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F. 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
CITY COUNCIL AFTER. DISTRIBUTION
AVAILABLE FOR PUBLIC INSPECTION
HARBOR STREET; MORRO BAY LIBRARY
AND MILL'S COPY CENTER LOCATED
DURING NORMAL BUSINESS HOURS.
THIS AGENDA SUBMITTED TO THE
OF THE AGENDA PACKET ARE
AT CITY HALL LOCATED AT 595
LOCATED AT 625 HARBOR STREET;
AT 495 MORRO BAY BOULEVARD
IN COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT, IF YOU
NEED SPECIAL ASSISTANCE TO PARTICIPATE IN A CITY MEETING, PLEASE
CONTACT THE CITY CLERK'S OFFICE AT LEAST 24 HOURS PRIOR TO THE
MEETING TO INSURE THAT REASONABLE ARRANGEMENTS CAN BE MADE TO
PROVIDE ACCESSIBILITY TO THE MEETING.
® MINUTES - MORRO BAY CITY COUNCIL
CLOSED SESSION —MARCH 9, 2009
CITY HALL CONFERENCE ROOM- 5:00 P.M.
Mayor Peters called the meeting to order at 5:00 p.m
PRESENT: Janice Peters
Mayor
Carla Borchard
Councilmember
Rick Grantham
Councilmember
Noah Smukler
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 Borchard 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 and PEKAREK
The meeting adjourned to Closed Session at 5:00 p.m. and returned to regular session at
5:45 p.m.
MOTION: Councilmember Borchard moved the meeting be adjourned. The motion
was seconded by Mayor Peters and unanimously carried. (5-0)
The meeting adjourned at 5:45 p.m.
® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — MARCH 9, 2009
VETERANS MEMORIAL HALL - 6:00 P.M.
L-J
Mayor Peters called the meeting to order at 6:00 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
John DeRohan
Rob Livick
Mike Pond
Susan Slayton
Dylan Wade
Joe Woods
ESTABLISH QUORUM AND CALL TO ORDER
MOMENT OF SILENCE
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
PLEDGE OF ALLEGIANCE
MAYOR AND COUNCIL MEMBERS REPORTS, ANNOUNCEMENTS &
PRESENTATIONS
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 Item A-2 (Authorization to Secure a USDA Loan to Fund Fire
Station 53 Phase II) and requested Council support by authorizing to secure a USDA loan
to fund Fire Station 53 Phase II for the staffing quarters, administration building and most
important the emergency service treatment room.
Bill Woodson addressed Item A-5 (Resolution in Support of the Adopt -A -Tree Program)
and requested Council and community support in participating by adopting trees. He said
the goal is to adopt a tree per week for the next two years.
Ken Vesterfelt stated 470 cars have registered for the upcoming car show. He said a Tip -
a -Cop dinner would be held on April 3rd to benefit the Special Olympics.
® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING - MARCH 9, 2009
Joan Solu addressed Item B-1 (Recommendation on Contracting with Cal Fire for Fire
Services in Morro Bay) and expressed support for maintaining the City's local Fire
Department. She also addressed Item C-1 (Discussion on Revenue Generating Ballot
Measures for the June 2010 Election) stating as an owner of a local hotel, she asked that
the City does not do the same to the tourism industry as it did to the fishing industry and
power plant by raising taxes. Ms. Solu announced the Dixon Spaghetti Feed would be
held on March 27'", and the Del Mar Elementary School Art Auction, cow plop and
barbeque would be held on March 29ie.
Peter Candela announced the Chamber of Commerce is co -sponsoring the St. Patrick's
Day Annual Party at Coast National Bank on March 17a'; the Small Business Networking
Business Breakfast will be held at The View on March 18's; Chamber Mixer at Central
Coast Lending on March 19'b. He said the Chamber is performing a survey amongst all
of the businesses in the City. Mr. Candela reviewed the Chamber of Commerce statistics.
Garry Johnson thanked the Fire Department for saving his friend's life.
Nancy Johnson stated the University of California Master Gardeners of San Luis Obispo
County is hosting a workshop on worm composting on April 4 th
.
® Jim Murphy urged the City Council understand the City's financial needs when
reviewing the City's additional fees and taxes.
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.
A-1 APPROVAL OF MINUTES FOR THE REGULAR CITY COUNCIL MEETING
OF FEBRUARY 23, 2009; (ADMINISTRATION)
RECOMMENDATION: Approve as submitted.
A-2 AUTHORIZATION TO SECURE A USDA LOAN TO FUND FIRE STATION
53 PHASE II; (FIRE)
RECOMMENDATION: Authorize the City Manager to sign loan documents
with the United States Department of Agriculture to secure funding for
Phase H of the Fire Station 53 replacement project in an amount not to
® exceed $3,000,000 and annual payments not to exceed $200,000 per year.
3
® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — MARCH 9, 2009
A-3 'APPROVAL OF MAYOR AND COUNCIL MEMBERS TO ATTEND THE
LEAGUE OF CALIFORNIA CITIES "LEGISLATIVE ACTION DAYS";
(ADMINISTRATION)
RECOMMENDATION: Approve sending the Mayor and/or Council Members
to attend the League of California Cities "Legislative Action Days" in
Sacramento.
A4 APPROVAL OF PARCEL MAP PM MB 05-0357 (594 KINGS AVENUE) AND
ACCEPTANCE OF OFFER OF DEDICATION; (PUBLIC SERVICES)
RECOMMENDATION: Adopt Resolution No. 10-09.
A-5 RESOLUTION IN SUPPORT OF THE ADOPT -A -TREE PROGRAM;
(PUBLIC SERVICES)
RECOMMENDATION: Adopt Resolution No. 11-09.
A-6 POTENTIAL TOPICS FOR THE JOINT PLANNING COMMISSION/CITY
® COUCIL MEETING; (PUBLIC SERVICES)
RECOMMENDATION: Consider potential discussion topics for the joint
Planning Commission/City Council meeting on March 30, 2009.
u
A-7 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-8 APPROVAL OF RESOLUTION NO. 09-09 AUTHORIZING THE CITY OF
MORRO BAY TO ENTER INTO A DERELICT VESSEL ABATEMENT
GRANT WITH THE MORRO BAY NATIONAL ESTUARY PROGRAM;
(HARBOR)
RECOMMENDATION: Adopt Resolution No. 09-09.
Councilmember Smukler pulled Items A-2 and A-5 from the Consent Calendar; Mayor
Peters pulled Item A-6.
El
® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — MARCH 9, 2009
MOTION: Councilmember Grantham moved the City Council approve the Consent
Calendar with the exception of Items A-2, A-5 and A-6. The motion was
seconded by Councilmember Borchard and carried unanimously. (5-0)
A-2 AUTHORIZATION TO SECURE A USDA LOAN TO FUND FIRE STATION
53 PHASE II; (FIRE)
Councilmember Smukler addressed the concept of a lobbying effort to encourage the
potential success of these grant applications and receiving the funding.
Fire Chief Mike Pond stated in the past when grant and loan applications have been made,
the City has contacted State and Federal representatives and received letters of support for
the project that is being funded.
Councilmember Borchard expressed concern with the Measure Q funding during this time
of recession and being cautious with the long-term money that the City locks into.
MOTION: Councilmember Grantham moved the City Council approve Item A-2 of
the Consent Calendar. The motion was seconded by Councilmember
® Winholtz and carried unanimously. (5-0)
A-5 RESOLUTION IN SUPPORT OF THE ADOPT -A -TREE PROGRAM;
(PUBLIC SERVICES)
Councilmember Smukler requested an update from staff on the Public Works Advisory
Board's recommendation on the Adopt -a -Tree Program.
City Engineer Rob Livick responded the Public Works Advisory Board did recommend
the formation of a tree committee, which will be a future agenda item before the City
Council.
MOTION: Councilmember Smukler moved the City Council approve Item A-5 of the
Consent Calendar. The motion was seconded by Councilmember
Grantham and carried unanimously. (5-0)
A-6 POTENTIAL TOPICS FOR THE JOINT PLANNING COMMISSION/CITY
COUCIL MEETING; (PUBLIC SERVICES)
Mayor Peters asked if there were any items that Council would like to add to the agenda
for the joint meeting with the Planning Commission.
® Councilmember Grantham requested to add lot splitting to the agenda.
5
® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — MARCH 9, 2009
Councilmember Smukler stated he would like to discuss the extended need for lobbying
efforts with the Coastal Commission on the General Plan.
Mayor Peters stated she wanted to discuss how much architectural review the Planning
Commission should do.
Councilmember Winholtz stated she would like to prioritize some of the items suggested
by the Planning Commission, such as:
1) Strong recommendation on Neighborhood Compatibility Standards;
2) Environmental incentives to promote green building and planning in the
application and approval process;
3) Downtown Visioning.
Consensus of the Council was to list the above items on the Joint Planning Commission/
City Council agenda with the discussion of the General Plan and Newspaper Racks listed
last for discussion.
MOTION: Mayor Peters moved the City Council approve Item A-6 of the Consent
Calendar. The motion was seconded by Councilmember Grantham and
® carried unanimously. (5-0)
Mayor Peters called for a break at 6:59 p.m.; the meeting resumed at 7:09 p.m.
B. PUBLIC HEARINGS. REPORTS & APPEARANCES
B-1 RECOMMENDATION ON CONTRACTING WITH CAL FIRE FOR FIRE
SERVICES IN MORRO BAY; (FIRE)
Fire Chief Mike Pond stated Council has been actively working to identify methods for
improving fire services in Morro Bay since 2004. Council has approved replacement of
the fire station apparatus bays at both fire stations, approved updating the Fire
Department fleet with the purchase of a new fire engine and a new rescue vehicle, passed
a significantly more restrictive sprinkler ordinance. Chief Pond listed actions related to
Council's desire for better staffing to meet OSHA mandates, deal with the issue of
increasing call volume and simultaneous calls, and improve response times to the citizens
in North Morro Bay. Chief Pond recommended the City Council advise Cal Fire that the
City is not interested in continuing the process toward a full service contract at this time.
He further recommended the City Council direct staff to provide costs, for consideration
in the budget process, to provide a part-time reserve firefighter as a fourth person
scheduled each day and investigate the Amador Option 2.2 proposed by staff.
• Mayor Peters opened the hearing for public comment.
6
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — MARCH 9, 2009
Ariane Leiter, Engineer/Paramedic, stated the past years have been very trying for the
Fire Department with budgetary issues. She said through committee discussions on how
to better serve the community of Morro Bay, there was one idea to contract with Cal Fire,
and as the President of the Firefighters Association, she strongly supports this solution.
Steve Knuckles, Fire Captain/Paramedic, stated in May 2004 the five-year strategic plan
Was completed and recommended increasing the department's staffing to four people
daily to cover simultaneous incidents and cover the north end of the City; it was also
recommended that all responses be 5 minutes or less 90% of the time. He said in October
2007, the firefighters brought forward a possible contract idea with Cal Fire to seek a
financial solution to meet the staffing and response needs as addressed in the five-year
strategic plan. Captain Knuckles requested Council's consideration of the department's
needs as well as the community's needs now and in the future.
Ken Vesterfelt stated he is supportive of the City contracting with Cal Fire. He reviewed
sections in the staff report that he requested the City Council consider in their
deliberation.
Jane Heath stated she is convinced that there are too many variables concerned with
® contracting with Cal Fire, one being the State's financial situation. She also expressed
concern that the personnel would not be the same, and the City would have more control
as an employer than as a customer.
�J
Bill Murphy, Firefighter/Paramedic, thanked Cal Fire and Council for their efforts in
reviewing the proposed contracts. He requested the City Council examine the proposals
from the prospective of the objectives of the five-year strategic plan; the City's financial
ability; and present a complete list of the strengths and weaknesses of both organizations
ability to delivery the City's desired service level. Firefighter Murphy stated all of the
options presented by Cal Fire are less expensive at their costs.
Todd Gailey, Engineer/Paramedic, stated he grew up in Morro Bay and prefers to work
for the City of Morro Bay. He said it is assured that Station I I would provide service to
the City if needed. Engineer Gailey stated he does not support contracting with Cal Fire.
George Rees, Fire Captain/Paramedic, stated at this time the Morro Bay Fire Department
does not adequately serve the community on the north end of town. He said the
department needs more staffing due to increasing call volume and simultaneous calls.
Captain Rees urged the City Council to move forward with the Cal Fire contract or give
the Fire Department the tools to adequately serve the community.
7
® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — MARCH 9, 2009
Erica Murphy stated it has been a long-time desire of the Fire Department to better serve
the north portion of Morro Bay. She said the lack of staffing causes a risk to the
community and liability to the City. Ms. Murphy stated the Cal Fire options presented to
the City addresses these issues as well as saving the City money. She said the money
saved could be used foi• other City needs and help minimize other City cost-cutting
measures that are on the horizon.
Jim Murphy stated the City Council should give someone the task to pull all of the
information together and return to Council with a recommendation.
Walter Heath stated police and fire services are the cornerstone of any City and should be
maintained as City services. He said he does not agree that the City should forego tax
increases for these services.
Mayor Peters closed the public comment hearing.
Councilmember Smukler stated a tax increase for the Fire Department should be
considered. He said he would like to be aggressive in addressing short-term options in
keeping the fire service in-house because there are no clear options from the State at this
® time. Councilmember Smukler stated he supports the implementation of a second five-
year plan and address full staffing and response time to North Morro Bay. He said he
would like to bring this discussion back in relation to the five-year plan.
u
Councilmember Borchard stated she does not support a tax increase since Measure Q was
adopted. She expressed concern with the unknowns in the staff report, one being the
intent with the use of reserve firefighters in place of full-time firefighters.
Councilmember Grantham stated he does not support enhancing regional fire services at
the City's expense. He said there is a better chance of utilizing the Bonita Street Fire
Station under the City's fire services. Councilmember Grantham stated he supports
maintaining the City's Fire Department.
Councilmember Winholtz stated she is not ready to make a decision at this meeting. She
said the two issues that need to be addressed is response time and firefighter safety.
Councilmember Winholtz stated the ideal is to have Stations 53 and 54 opened, and one
way is with the stimulus package.
Mayor Peters stated there is concern with the State budget and the lack of stability. She
said the City should consider an assessment district to support the Fire Department.
Mayor Peters stated it is important to find the source of funding for the City's Fire
Department.
9
E
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — MARCH 9, 2009
MOTION: Councilmember Grantham moved the City Council thank Cal Fire for their
due diligence and hard work on behalf of the City in providing a proposal
for fire services; advise Cal Fire that the City is not interested in
continuing the process toward a full service contract at this time; and,
direct staff to provide costs, for consideration in the budget process, to
provide a part-time reserve firefighter as a fourth person scheduled each
day and investigate the Amador Option 2.2 proposed by staff. The motion
was seconded by Councilmember Smukler and carried with
Councilmember Borchard and Councilmember Winholtz voting no. (3-2)
MOTION: Councilmember Winholtz moved the City Council request staff to come
back with information on the Amador Option with Cal Fire within 30
days; form an ad -hoc committee made up of one or two Councilmembers,
one or two executive staff members, and one or two firefighters, that this
ad -hoc committee discuss the City fire . services needs; and, explore
Federal and/or State stimulus funds in order to open Fire Station 54. The
motion was seconded by Councilmember Smukler and carried with
Councilmember Grantham and Mayor Peters voting no. (3-2)
Mayor Peters called for a break at 8:44 p.m.; the meeting resumed at 8:55 p.m.
C. UNFINISHED BUSINESS
C-1 DISCUSSION ON REVENUE GENERATING BALLOT MEASURES FOR
THE JUNE 2010 ELECTION; (CITY ATTORNEY)
City Attorney Robert Schultz stated at the January 12, 2009 City Council meeting,
Council directed staff to bring back a discussion of ballot revenue measures for Election
2010. He recommended the City Council discuss which revenue -generating ballot
measures to begin preparing for consideration at a City workshop.
The following Councilmembers voted on which revenue -generating ballot measures they
supported to be placed on the ballot in 2010:
Utility User Tax
Councilmember Grantham
Special Assessment/Parcel Tax
Councilmember Smukler
Councilmember Winholtz
Councilmember Grantham
Mayor Peters
911 Fee
Councilmember Grantham
Transient Occupancv Tax
Councilmember Smukler
Councilmember Borchard
Councilmember Winholtz
Councilmember Grantham
Mayor Peters
6
MINUTES - MORRO BAY CITY COUNCIL
®, REGULAR MEETING — MARCH 9, 2009
MOTION: Mayor Peters moved the City Council direct staff to return to Council with
information on placing a transient occupancy tax measure on the 2010
ballot. The motion was seconded by Councilmember Winholtz and carried
unanimously. (5-0)
MOTION: Mayor Peters moved the City Council direct staff to return to Council with
information on placing a special assessment/parcel tax measure on the
2010 ballot. The motion was seconded by Councilmember Smukler.
Councilmember Smukler clarified that staffs information would be an initial review;
Mayor Peters clarified that staff would reporting to Council as information was received.
VOTE: The motion carried with Councilmember Borchard voting no. (4-1)
D. NEW BUSINESS
D-1 SANITARY SEWER MANAGEMENT PLAN; (PUBLIC SERVICES)
Is Utilities/Capital Projects Manager Dylan Wade stated in 2006, the State Water Resources
Control Board adopted Order No. 2006-003 General Waste Discharge Requirements for
Wastewater Collections Agencies. One requirement of this order is that all public
collections systems in the State of California are required to reduce the risks to public
health and the environment by creating a Sanitary Sewer Management Plan (SSMP). The
purpose of the SSW is to implement a set of Best Management Practices into the
operations of all collections systems in the State. The SSW includes 11 mandatory
elements ranging in complexity from preparing goals and a mission statement, to
performing a complete capacity assessment. During the October 8, 2007 City Council
meeting, the City Council adopted elements one and two of the SSW, outlined a
schedule for preparation of the other chapters of the SSW, and directed staff to prepare
the plan in conjunction with Public Works Advisory Board. Mr. Wade recommended the
City Council adopt Chapters 3,4,6 and 7 of the Sanitary Sewer Management Plan; and,
direct staff to continue to prepare the remaining Chapters in conjunction with the Public
Works Advisory Board.
r
MOTION: Councilmember Grantham moved the City Council adopt Chapters 3,4,6
and 7 of the Sanitary Sewer Management Plan; and, direct staff to
continue to prepare the remaining Chapters in conjunction with the Public
Works Advisory Board. The motion was seconded by Councilmember
Smukler and carried unanimously. (5-0)
10
® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — MARCH 9, 2009
D-2 REVIEW PRELIMINARY DESIGN AND COST ESTIMATES FOR THE
NORTH MAIN STREET CLASS IT BIKE LANE PROJECT; (PUBLIC
SERVICES)
City Engineer Rob Livick stated the City has approximately $60,000 in funds for the
North Main Bike Lane Project including the approximately $30,000 in Transportation
Development Act money for Citywide bicycle and pedestrian projects. The difference in
project costs between the available funds would require either grant(s), a contribution
from the General Fund, and/or "Measure Q" funds or a combination of funds.
Additionally, this is one of the projects identified to San Luis Obispo Council of
Governments as a candidate for economic stimulus funds. Staff has reviewed and
updated the previous design and prepared an opinion of probable costs for a range of
projects. The proposed design includes two five-foot wide Class II bike lanes, two 13-
foot wide travel lanes and an eight -foot wide parking lane. Staff recommends the 13-foot
wide travel lane due to Main Street's classification as an arterial, the volume of traffic
and the speed limit; there is existing right-of-way that is sufficient for this proposed
section. Staff further recommends the City Council consider the feasibility and give
direction to staff on whether to proceed further toward the installation of Class 11 bike
lanes on North Main Street.
MOTION: Councilmember Winholtz moved the City Council direct staff to return
with a bike plan within three months with potential funding sources, and a
survey of the businesses along North Main Street. The motion was
seconded by Councilmember Smukler and carried unanimously. (5-0)
D-3 REPORT ON THE DRAFT GOALS AND OBJECTIVES FROM THE GOALS
SETTING WORKSHOP; (ADMINISTRATION)
City Manager Andrea Lueker stated in November 2007 the City Council determined that
conducting an annual Goal Setting Process was an important part of strategic planning for
the City of Morro Bay. As a result, in June 2008, the City Council held its first such
workshop, which resulted in the establishment of six priority goals and 13 other goals.
The City Council held its second Goal Setting Workshop on February 17-18, 2009, which
entailed reviewing the progress make on the goals established last year as well as
progress toward the Management Partners recommendations from an August 2008
meeting. The Goal Setting Workshop concluded with the City Council identifying five
priority goals, nine other goals and two other carryover goals from last year's process.
Ms. Lueker recommended the City Council adopt the priority goals and other goals as
designated priorities by the City Council. Staff will then return to the Council in the near
future with the success factors for each of the five priority goals as well as a timeline for
each of the five priority goals.
11
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — MARCH 9, 2009
MOTION: Councilmember Borchard moved the City Council adopt the priority goals
and other goals as designated priorities by the City Council. The motion was
seconded by Councilmember Grantham and carried unanimously. (5-0)
E. DECLARATION OF FUTURE AGENDA ITEMS — None.
ADJOURNMENT
The meeting adjourned at 10:21 p.m.
Recorded by:: }—(
Bridgett Bauer
City Clerk
12
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, March 3, 2009 at 9:00
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 54956.8; REAL PROPERTY
TRANSACTIONS. Instructing City's real property negotiator regarding the
price and terms of payment for the purchase, Fqle, exchange, or lease of real
® property as to one parcel.
Property: Morro Bay Power Plant Outfall.
Negotiating Parties: Dynegy and City of Morro Bay.
Negotiations: Lease Terms.
DATED: February 26, 2009
Bridgett BMjer, City Clerk
IN COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT, IE 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
ADMUdISTRATION
595 Harbor Street
FIRE DEPT.
715 Harbor Street
HARBOR DEPT. CITY ATTORNEY POLICE DEPT.
1275 Embarcadero Road 955 Shasta Avenue 970 Morro Bav Boulevard
PUBLIC SERVICES
955 Shasta Avenue
RECREATION & PARKS
1001 Kennedv Wav
11
lJ
F9 City of Morro Bay
Morro Bay, CA 93442
(805) 772-6200
NOTICE OF SPECIAL
CLOSED SESSION MEETING
NOTICE IS HEREBY GIVEN that the Mono Bay City Council will be
holding a Special Closed Session Meeting on Wednesday, February 25, 2009 at
9:00 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:
CONFERENCE WITH LEGAL COUNSEL REGARDING PENDING
LITIGATION -- Government Code Section 54956.9(a): STATUS REPORT ON
ALL PENDING LITIGATION. This is a report on status and no action may be
taken on any matter not specifically listed. Council may request a specific matter
be agendized in the future for action.
DATED: February 23, 2009
a.Ax.t�
Bridgett 19auer, 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.
40 FINANCE ADMIMSTRATION
595 Harbor Street 595 Harbor Street
HARBOR DEPT.
1275 Embarwdero Road
CITY ATTORNEY
955 Shasta Avenue
FIRE DEPT.
715 Harbor Street
POLICE DEPT.
970 Morro Bay Boulevard
PUBLIC SERVICES
955 Shasta Avenue
RECREATION & PARKS
1001 Kennedy Way
® City of Morro Bay
City Council Agenda
Mission Statement
The City of Morro Bay is dedicated to the preservation and enhancement of the quality
of life The City shall be committed to this purpose and will provide a level of
municipal service and safety consistent with and responsive to the needs of the public.
REGULAR MEETING — FEBRUARY 23, 2009
CLOSED SESSION — FEBRUARY 23, 2009
CITY HALL CONFERENCE ROOM - 5:00 P.M.
595 HARBOR ST., MORRO BAY, CA
CS-1 GOVERNMENT CODE SECTION 54956.8; REAL PROPERTY
TRANSACTIONS. Instructing City's real property negotiator regarding the
® price and terms of payment for the purchase, sale, exchange, or lease of real
property as to one (1) parcel.
Property: Lease Site 150 Extension/180 Atascadero Road
Negotiating Parties: Hanson Aggregates 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.
C
PUBLIC SESSION — FEBRUARY 23, 2009
® 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.
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 FEBRUARY 9, 2009; (ADMINISTRATION)
® RECOMMENDATION: Approve as submitted.
A-2 AUTHORIZATION TO FILE NOTICE OF COMPLETION FOR FIRE
® STATION 53 (HARBOR STREET) APPARATUS BAY REPLACEMENT
PROJECT; (PUBLIC SERVICES)
RECOMMENDATION: Accept the project as completed by Specialty
Construction Incorporated and authorize the riling of a Notice of
Completion.
A-3 AUTHORIZATION FOR THE ATTENDANCE AT THE C-MANC ANNUAL
MEETING IN WASHINGTON D.C.; (HARBOR)
RECOMMENDATION: Authorize for a two -person delegation to attend C-
MANC'S Washington Week meetings scheduled for March 23-25, 2009.
A4 APPROVAL OF LETTER IN SUPPORT OF CAL-EMA ON PUBLIC SAFETY
POLICY COMMITTEE;
RECOMMENDATION: Approve letter of support of CAL-EMA on Public
Safety Policy Committee.
A-5 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.
B. PUBLIC HEARINGS. REPORTS & APPEARANCES
B-1 CONSIDERATION OF CONTRACTING WITH CAL FIRE FOR FIRE
SERVICES IN MORRO BAY; (FIRE)
RECOMMENDATION: Receive the Cooperative Fire Protection Agreement
Proposal for Morro Bay Fire Department and the presentation provided by
Cal Fire Chief Matt Jenkins.
B-2 ADOPTION OF RESOLUTION NO. 08-09 DECLARING THE CITY'S
INTENTION TO ESTABLISH THE MORRO BAY TOURISM BUSINESS
IMPROVEMENT, DISTRICT (MBTBID), DECLARING ITS INTENTION TO
LEVY AN ASSESSMENT ON LODGING BUSINESSES WITHIN SUCH
DISTRICT, AND FIXING THE TIME AND PLACE OF A PUBLIC MEETING
AND A PUBLIC HEARING THEREON AND GIVING NOTICE THEREOF;
(CITY ATTORNEY)
RECOMMENDATION: Adopt Resolution No. 08-09.
® C. UNFINISHED BUSINESS —NONE.
3
D. NEW BUSINESS
® D-I SELECTION OF TWO COUNCIL MEMBERS TO SERVE ON THE
BUSINESS DEVELOPMENT AD -HOC COMMITTEE; (CITY ATTORNEY)
RECOMMENDATION: Appoint and/or re -appoint two members to serve on the
Business Development Ad -Hoc Committee.
D-2 SCHEDULE AND COMPOSITION OF ADDITIONAL BUDGET REPORT(S);
(CITY COUNCIL)
RECOMMENDATION: Discuss concept and direct Administrative Services
Director to adopt an additional budget performance update annually
scheduled for April.
E. DECLARATION OF FUTURE AGENDA ITEMS
F. 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.
Pi
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 MI LL'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.
E
® MINUTES - MORRO BAY CITY COUNCIL
CLOSED SESSION — FEBRUARY 23, 2009
CITY HALL CONFERENCE ROOM - 5:00 P.M.
l�J
E
Mayor Peters called the meeting to order at 5:00 p.m
PRESENT: Janice Peters
Mayor
Carla Borchard
Councilmember
Rick Grantham
Councilmember
Noah Smukler
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
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: Lease Site 150 Extension/180 Atascadero Road
Negotiating Parties: Hanson Aggregates 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
5:40 p.m.
MOTION: Councilmember Grantham moved the meeting be adjourned. The motion
was seconded by Councilmember Borchard and unanimously carved. (5-0)
The meeting adjourned at 5:40 p.m.
® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — FEBRUARY 23, 2009
VETERANS MEMORIAL HALL - 6:00 P.M.
Mayor Peters called the meeting to order at 6:00 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
John DeRohan
Mike Pond
Susan Slayton
Dylan Wade
Joe Woods
® ESTABLISH QUORUM AND CALL TO ORDER
MOMENT OF SILENCE
PLEDGE OF ALLEGIANCE
1]
City Manager
City Attorney
City Clerk
Harbor Director
Public Services Director
Police Chief
Fire Chief
Administrative Services Director
Utilities/Capital Projects Manager
Recreation & Parks Director
MAYOR AND COUNCIL MEMBERS REPORTS, ANNOUNCEMENTS &
PRESENTATIONS
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 USDA funding for Phase II of the Fire Department noting the
Emergency Center Treatment Room is very important to include in this Xlan. He urged
the City Council's support when considering this loan at the March 9 City Council
meeting.
John Flores, representative of the U.S. Census, requested the community's support in the
upcoming census.
Jonni Biaggini announced Neil Farrell would be presenting an economic stimulus plan
for the City of Morro Bay at this week's Business Forum.
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u
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — FEBRUARY 23, 2009
Joan Solu thanked the Galley Restaurant for their generosity in sponsoring a fundraiser
for the Community Foundation, which raised $1,600 for the Foundation. She said there
would be a silent and live auction and barbecue at Del Mar Elementary School on March
29th. Ms. Solu also noted the Dixon Spaghetti Dinner Fundraiser would be held on
February 27`s.
Steve Eckes, Morro Bay Pups, gave a status report on the proposed dog park at Del Mar
Park. He invited the public to a parry to kick off the Capital Fundraising Campaign for
the dog park at Del Mar Park on March I".
David Nelson addressed the need to repair the potholes around the City. He asked the
cost of the roundabout. Mr. Nelson stated there is enough talent within the City that the
City does not need to hire consultants.
Melody DeMeritt addressed Dynegy's request to extend its outfall lease, which expires in
2012. She said the New Futures Ad -Hoc Committee provided a report that provided all
the Brownfield Act funding, the entitlements they could get, the attraction of flat coastal
land that would generate tourism and tax -base for the City. Ms. DeMeritt requested the
City Council only negotiate with Dynegy for what would benefit the City.
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.
A-1 APPROVAL OF MINUTES FOR THE REGULAR CITY COUNCIL MEETING
OF FEBRUARY 9, 2009; (ADMINISTRATION)
RECOMMENDATION: Approve as submitted.
A-2 AUTHORIZATION TO FILE NOTICE OF COMPLETION FOR FIRE
STATION 53 (HARBOR STREET) APPARATUS BAY REPLACEMENT
PROJECT; (PUBLIC SERVICES)
RECOMMENDATION: Accept the project as completed by Specialty
Construction Incorporated and authorize the filing of a Notice of
Completion.
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — FEBRUARY 23, 2009
A-3 AUTHORIZATION FOR THE ATTENDANCE AT THE C-MANC ANNUAL
MEETING IN WASHINGTON D.C.; (HARBOR)
RECOMMENDATION: Authorize for a two -person delegation to attend C-
MANC'S Washington Week meetings scheduled for March 23-25, 2009.
A4 APPROVAL OF LETTER IN SUPPORT OF CAL-EMA ON PUBLIC SAFETY
POLICY COMMITTEE;
RECOMMENDATION: Approve letter of support of CAL -EMU on Public
Safety Policy Committee.
A-5 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.
® Councilmember Winholtz pulled Items A-1, A-2, A-3, and A-4 of the Consent Calendar.
MOTION: Councilmember Winholtz'moved the City Council approve Item A-5 of
the Consent Calendar. The motion was seconded by Councilmember
Borchard and carried unanimously. (5-0)
A-1 APPROVAL OF MINUTES FOR THE REGULAR CITY COUNCIL MEETING
OF FEBRUARY 9, 2009; (ADMINISTRATION)
Councilmember Winholtz requested the following amendment be made to the minutes of
February 9, 2009, page 10, paragraph 1:
The consensus of the City
Council was to not include vacation rentals or recreational vehicle parks, and to
revisit this at the end of the calendar year 2009.
MOTION: Councilmember Winholtz moved the City Council approve Item A-1 of
the Consent Calendar as amended. The motion was seconded by
Councilmember Smukler and carried unanimously. (5-0)
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® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — FEBRUARY 23, 2009
A-2 AUTHORIZATION TO FILE NOTICE OF COMPLETION FOR FIRE
STATION 53 (HARBOR STREET) APPARATUS BAY REPLACEMENT
PROJECT; (PUBLIC SERVICES)
Councilmember Winholtz requested clarification regarding the construction costs.
Utilities/Capital Projects Manager Dylan Wade responded the total project cost included
any staff time billed to the project, any consultant time spent on the project, and any
direct cost the City had. The construction. contract cost would be any cost of the
contractor.
MOTION: Councilmember Grantham moved the City Council approve Item A-2 of
the Consent Calendar. The motion was seconded by Councilmember
Borchard and carried unanimously. (5-0)
A-3 AUTHORIZATION FOR THE ATTENDANCE AT THE C-MANC ANNUAL
MEETING IN WASHINGTON D.C.; (HARBOR)
MOTION: Councilmember Winholtz moved the City Council designate Mayor Peters
Is and Harbor Director Rick Algert to attend the C-MANC Washington
Week meetings. The motion was seconded by Councilmember Grantham
and carried unanimously. (5-0)
A4 APPROVAL OF LETTER IN SUPPORT OF CAL-EMA ON PUBLIC SAFETY
POLICY COMMITTEE
MOTION: Councilmember Winholtz moved the City Council continue this item to the
March 9, 2009 City Council meeting. The motion was seconded by
Councilmember Grantham and carried unanimously. (5-0)
Mayor Peters called for a break at 6:50 p.m.; the meeting resumed at 7:00 p.m.
B. PUBLIC HEARINGS. REPORTS & APPEARANCES
B-1 CONSIDERATION OF CONTRACTING WITH CAL FIRE FOR FIRE
SERVICES IN MORRO BAY; (FIRE)
Fire Chief Mike Pond requested the City Council receive the Cooperative Fire Protection
Agreement Proposal for Morro Bay Fire Department and the presentation provided by
Cal Fire Chief Matt Jenkins and staff. Chief Pond stated staff would provide a report
with recommendations for Council consideration at the March 9's City Council meeting.
11
® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — FEBRUARY 23, 2009
Mayor Peters opened the hearing for public comment
David Nelson stated there is not a lot of savings in the proposal by Cal Fire and the City
should maintain local control.
John Sigler stated the City should not give up its local fire services. He said by giving up
local control would give up exclusive management of our Fire Department.
Walter Heath stated the dynamic in accountability is different between
employer/employee and employer/vendor. He urged the Council to reject the proposal of
Cal Fire and fully fund our local Fire Department.
Peter Risley stated the City should not lose local control of its Fire Department.
Joan Solu asked what the legacy cost of going with Cal Fire would be. She said she
would like to maintain local control of the City's Fire Department.
Ken Vesterfelt stated it has been reiterated in the proposal that the City would be in
control of the contract with Cal Fire.
® Mayor Peters closed the public comment hearing.
Councilmember Grantham stated it is a rare occurrence to reverse a contract such as what
is being proposed by Cal Fire. He said once there is a contract, the City is in it for the
long haul. Councilmember Grantham also said it would be prudent to know how much it
would cost to bring the Bonita Street Station up to code.
Councilmember Winholtz stated she understands one of the biggest concerns of our fire
fighters is that of safety. She said the option of using Station I 1 was the concern of the
residents of North Morro Bay to reduce response time.
Councilmember Smukler stated a five-year strategic plan would be a good outline of
what the City needs to address the objective of managing and operating the Fire Station
in Morro Bay and not continue dialogue with Cal Fire. He said the City should look
internally, consider how to resolve the issues, achieve the objectives, and prioritize the
needs of the Fire Department before going any further with negotiations with Cal Fire.
Councilmember Borchard stated the opportunities Cal Fire can provide in Package Two
is interesting to her at a cost -savings. She said she is interested in pursuing options that
would save money and improve response times.
0
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — FEBRUARY 23, 2009
Mayor Peters stated Options 1, 1.1 and 2 would give the City some savings. She said
with the time spent on the proposal, she supports continuing to the next meeting to
receive staffs recommendations.
MOTION: Mayor Peters moved the City Council continue the consideration of
contracting with Cal Fire for Fire Services in Morro Bay to the City
Council meeting of March 9, 2009 or April 13, 2009. The motion was
seconded by Councilmember Grantham and carried unanimously. (5-0)
Mayor Peters called for a break at 9:00 p.m.; the meeting resumed at 9:06 p.m.
B-2 ADOPTION OF RESOLUTION NO. 08-09 DECLARING THE CITY'S
INTENTION TO ESTABLISH THE MORRO BAY TOURISM BUSINESS
IMPROVEMENT DISTRICT (MBTBID), DECLARING ITS INTENTION TO
LEVY AN ASSESSMENT ON LODGING BUSINESSES WITHIN SUCH
DISTRICT, AND FIXING THE TIME AND PLACE OF A PUBLIC MEETING
AND A PUBLIC HEARING THEREON AND GIVING NOTICE THEREOF;
(CITY ATTORNEY)
® City Attorney Robert Schultz stated State law allows cities to form assessment districts,
pursuant to the Parking and Business Improvement Area Law of 1989, California Streets
and Highways Code Sections 36500, et seq. Representatives of Morro Bay lodging
establishments have suggested the City consider establishing a tourism business
improvement district to provide resources for the purpose of promoting tourism within
business districts in order to create jobs, attract new business, and enhance the business
district. At the February 9, 2009 City Council meeting, the City Council directed staff to
return with a Resolution Declaring the City's Intention to Establish the Morro Bay
Tourism Business Improvement District. The City Council directed staff to set the
annual assessment rate at 2% and to exclude vacation rentals and recreational vehicle
parks. Mr. Schultz recommended the City Council adopt Resolution No. 08-09 declaring
the City's intention to establish the Morro Bay Tourism Business Improvement District,
declaring its intention to levy an assessment on lodging businesses within such district,
and fixing the time and place of a public meeting and a publish hearing thereon and
giving notice thereof.
Mayor Peters opened the hearing for public comment.
John Solu stated he would like to have thii Business Improvement District in place by.
June 1, 2009. He said there has been no indication of an administrative cost, which there
should be a cap placed in the ordinance. Mr. Solu stated the stakeholders should name
the representatives from the lodging industry who would serve on the advisory board. He
is
said the goal for year one is to be competitive in promoting Morro Bay.
VA
® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — FEBRUARY 23, 2009
Jonni Biaggini stated the first year rate should be at the highest rate (3%); then the City
can promote a transient occupancy tax initiative, this is a private business improvement
initiative. She said the City role is to collect and enforce, and the businesses role as
stakeholders is how best to spend this money.
Joan Solu requested the City Council consider allowing the hoteliers to define the by-
laws. She also requested if there is an administrative fee, that it is capped at 2%. Ms.
Solu stated the Business Improvement District Formation Committee would like the
Council to consider moving the contribution for the stimulus plan from 2% to 3% until
2010; and, allow the hoteliers to decide if and when a transient occupancy tax increase is
suggested by the City, and if and when it is approved by the voters, it would allow the
hoteliers to consider the 3% assessment and what impacts it can bear.
Susan Stewart stated she supports a Business Improvement District at 3%.
Mayor Peters closed the public comment hearing.
Councilmember Winholtz stated .she supports a City Business Improvement District at
2%, with hopes of approving a 1% County Business Improvement District. She also
® supports placing a transient occupancy tax initiative on the next ballot.
Councilmember Grantham stated he supports a Business Improvement District at 2%, and
placing a transient occupancy tax initiative on the next ballot.
Councilmember Smukler stated he supports a Business Improvement District at 3% to get
the infusion to the highest level possible at this time, and it can be reduced in the future if
a2
Councilmember Borchard stated the process has made her decision a difficult one, and
one she is still considering
Mayor Peters stated she supports the Business Improvement District at 3% this year, and
2% thereafter; then Council could decide what to do with the transient occupancy tax.
MOTION: Mayor Peters moved the City Council adopt Resolution No. 08-09
declaring the City's intention to establish the Morro Bay Tourism
Business Improvement District, declaring its intention to levy an
assessment on lodging businesses within such district, and fixing the time
and place of a public meeting and a publish hearing thereon and giving
notice thereof, and, approve 3% for one year and 2% as of June 2010. The
motion was seconded by Councilmember Borchard and carried with
® Councilmember Grantham and Councilmember Winholtz voting no (3-2)
LE
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — FEBRUARY 23, 2009
C. UNFINISHED BUSINESS — NONE.
D. NEW BUSINESS
D-1 SELECTION OF TWO COUNCIL MEMBERS TO SERVE ON THE
BUSINESS DEVELOPMENT AD -HOC COMMITTEE; (CITY ATTORNEY)
City Attorney Robert Schultz stated at the May 12, 2008 City Council meeting, the City
Council established an ad -hoc committee to determine which businesses would be viable
for Morro Bay and to recruit them. The City Council unanimously appointed then
Councilmember Peirce, Councilmember Grantham, the Executive Director of the Morro
Bay Chamber of Commerce or his/her designee, one member who is a current retail
business owner, one member of the Public Services Department; and others as deemed
necessary. Mr. Schultz recommended the City Council decide whether to appoint or
reappoint two members to the Business Development Ad -Hoc Committee.
Councilmember Smukler stated he would bring back a report on the focus of the
Committee.
® MOTION: Mayor Peters moved the City Council continue this item to a future date.
The motion was seconded by Councilmember Grantham and carried
unanimously. (5-0)
D-2 SCHEDULE AND COMPOSITION OF ADDITIONAL BUDGET REPORT(S);
(CITY COUNCIL)
Councilmember Smukler stated additional budget updates strategically included at
consistent points within the budgetary year, would give the Council and staff another
benchmark to comparatively measure current performance to previous years. Finance
staff has recommended April as a relatively light workload period appropriately spaced
between the Mid -Year Budget Review and the end of the fiscal year. He recommended
the City Council discuss the concept and direct Administrative Services to adopt an
additional budget performance update annually scheduled for April.
MOTION: Councilmember Smukler moved the City Council adjust the budget update
to include the end of the first quarter if possible and end of the thud
quarter and accept those reports as information for general awareness of
the City's budget situation. The motion was seconded by Councilmember
Borchard and carried unanimously. (5-0)
E. DECLARATION OF FUTURE AGENDA ITEMS — None.
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® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — FEBRUARY 23, 2009
ADJOURNMENT
The meeting adjourned at 10:13 p.m.
Recorded by:
-}�
Bridgett Bauer
City Clerk
Ll
10
0 City of Morro Bay
® Morro Bay, CA 93442
mop" (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. February 20, 2009 at 9:00
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 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 and Chorro Valley Property Owners
Issue: Determining whether to file legal action.
DATED: February 18, 2009
Bridgett BWuer, 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
HARBOR DEPT.
1275 Embarcedero Road
ADMINISTRATION FIRE DEPT. PUBLIC SERVICES
595 Harbor Street 715 Harbor Street 955 Shasta Avenue
CITY ATTORNEY POLICE DEPT. RECREATION & PARKS
955 Shasta Avenue 870 Morro Bav Boulevard 1001 Kennedv Wav
l
ECity of Morro Bay
Morro Bay, CA 93442
loop" (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 Wednesday. February 11, 2009 at 9:00 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:
CS-1 GOVERNMENT CODE SECTION 549564: 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.
• Pro e : Embarcadero/Market.
Negotiating Parties: Potential Buyers and City of Morro Bay.
Negotiations: Voluntary Purchase and Sale.
• Pro e : Harbor/Market.
Negotiating Parties: Hartzell and City of Morro Bay.
Negotiations: Voluntary Purchase and Sale.
DATED: February 9, 2009
Bridgett r, City Clerk
IN COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT, IF YOU NEED
SPECIAL ASSISTANCE TO PARTICIPATE IN A CITY MEETING, PLEASE CONTACT THE
CITY CLERK'S OFFICE AT LEAST 24 HOURS PRIOR TO THE MEETING TO INSURE THAT
REASONABLE ARRANGEMENTS CAN BE MADE TO PROVIDE ACCESSIBILITY TO THE
MEETING.
is FINANCE ADMINISTRATION
595 Harbor Street 595 Harbor Street
HARBOR DEPT.
1275 Embarmdero Road
CITY ATTORNEY
955 Shasta Avenue
FUZE DEPT. PUBLIC SERVICES
715 Harbor Street 955 Shasta Avenue
POLICE DEPT. RECREATION&PARKS
870 Morro Bav Boulevard 1001 Kennedy 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 — FEBRUARY 9, 2009
CLOSED SESSION — FEBRUARY 9, 2009
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 2 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.
IT IS NOTED THAT THE CONTENTS OF CLOSED SESSION MEETINGS
ARE CONFIDENTIAL AND EXEMPT FROM DISCLOSURE.
r
PUBLIC SESSION — FEBRUARY 9, 2009
® 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
MEETINGS OF JANUARY 12, 2009 AND JANUARY 26, 2009; AND THE
® SPECIAL MEETING OF JANUARY 28, 2009; (ADMINISTRATION)
RECOMMENDATION: Approve as submitted.
A-2 RESOLUTION NO. 04-09 ADOPTING THE MID -YEAR BUDGET
® AMENDMENTS; (ADMINISTRATIVE SERVICES)
RECOMMENDATION: Adopt Resolution No. 04-09.
A-3 RESOLUTION NO. 05-09 TO REAFFIRM INVESTMENT OF MONIES IN
THE LOCAL AGENCY INVESTMENT FUND (LAIF) AND DESIGNATE
TRANSACTION OFFICERS; (ADMINISTRATIVE SERVICES)
RECOMMENDATION: Adopt Resolution No. 05-09.
A-4 RESOLUTION NO. 06-09 ENDORSING THE GUIDING PRINCIPLES OF THE
SAN LUIS OBISPO COUNTYWIDE 10-YEAR PLAN TO END
HOMELESSNESS; (ADMINISTRATION)
RECOMMENDATION: Adopt Resolution No. 06-09.
A-5 RESOLUTION NO. 07-09 ADOPTING THE MEMORANDUM OF
UNDERSTANDING WITH THE MORRO BAY FIREFIGHTERS AND
RELATED COMPENSATION; (ADMINISTRATION)
RECOMMENDATION: Adopt Resolution No. 07-09.
® 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 FEBRUARY 2009 AS "GRAND JURY
AWARENESS MONTH"; (ADMINISTRATION)
RECOMMENDATION: Adopt Proclamation.
A-8 PROCLAMATION DESIGNATING FEBRUARY 24, 2009 AS "SPAY DAY
USA"; (ADMINISTRATION)
RECOMMENDATION: Adopt Proclamation.
B. PUBLIC HEARINGS. REPORTS & APPEARANCES - NONE.
C. UNFINISHED BUSINESS - NONE.
11
3
D. NEW BUSINESS
® D-1 AUTHORIZATION TO RECRUIT AND FILL HALF-TIME RECREATION
AND PARKS MAINTENANCE II POSITION; (RECREATION & PARKS)
RECOMMENDATION: Authorize staff recruit and fill half-time Recreation and
Parks Maintenance H position vacancy.
D-2 CONSIDERATION OF RECOMMENDATIONS FROM .THE CITIZENS
OVERSIGHT COMMITTEE; (ADMINISTRATIVE SERVICES)
RECOMMENDATION: Provide direction to staff regarding the Committee's
recommendations.
D-3 CONSIDERATION OF THE FLEXIBLE SPENDING ACCOUNT BENEFIT
FOR -HEALTH AND DEPENDENT CARE EXPENSES; (ADMINISTRATIVE
SERVICES)
RECOMMENDATION: Consider authorizing and funding City employees'
participation in a Flexible Spending Account program.
D4 CONSIDERATION OF DRAFT ORDINANCE FOR A MORRO BAY
TOURISM BUSINESS IMPROVEMENT DISTRICT; (CITY ATTORNEY)
RECOMMENDATION: Direct staff to return with a Resolution of Intention to
form a citywide tourism business improvement district for the purpose of
increasing industry investment in tourism marketing in the City of Morro
Bay.
E. DECLARATION OF FUTURE AGENDA ITEMS
F. 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 — FEBRUARY 9, 2009
CITY HALL CONFERENCE ROOM - 5:00 P.M.
Mayor Peters called the meeting to order at 5:00 p.m
PRESENT: Janice Peters
Mayor
Carla Borchard
Councilmember
Rick Grantham
Councilmember
Noah Smukler
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 2 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.
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 Borchard and unanimously carried. (5-0).
0 The meeting adjourned at 5:50 p.m.
® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — FEBRUARY 9, 2009
VETERANS MEMORIAL HALL - 6:00 P.M.
Mayor Peters called the meeting to order at 6:00 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
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
ESTABLISH QUORUM AND CALL TO ORDER
® MOMENT OF SILENCE
PLEDGE OF ALLEGIANCE
MAYOR AND COUNCIL MEMBERS REPORTS, ANNOUNCEMENTS &
PRESENTATIONS
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
Joyce Lundy, Member of the Measure Q Sub -Committee, reviewed the fiscal year 2007/08
expenditures, and the Committee's recommendations for Measure Q funding.
Joyce Lundy reviewed the statistics for the Visitor Center. She said the Hawaiian Chieftain
and Lady Washington tall ships would be arriving in the harbor on Friday February 13a';
there would be a Chamber mixer at Edward Jones on February I9t°; the Small Business
Networking Breakfast is scheduled on March 19's; and the Kite Festival and Parade is on
April 25's.
Jude Long, Librarian, announced the library's hours have been expanded. She also
reviewed upcoming book sales and fundraisers that will benefit the library.
11
MINUTES - MORRO BAY CITY COUNCIL
® REGULAR MEETING — FEBRUARY 9, 2009
Jennifer and Sierra Redman discussed why they enjoy the library. Jennifer reviewed what
donations and membership through Friends of the Library does to support the library. She
stated there would be book sales throughout the year.
Bill Woodson referred to the importance of trees in Morro Bay and noted Morro Bay
Beautiful is a part of the Adopt -a -Tree program and requested citizen participation in the
Adopt -a -Tree program.
Pauline Stansbury, Morro Bay Seniors Inc., invited the City Council to attend the seniors'
potluck on February 20's, at which time they will also be presenting the City with a check.
Marsha Alter, Friends of Poems for Endangered Places, stated there is a poetry book
written by seven local poets about local areas.
Rosemarie Wilbert read a poem written while on Bishop's Peak.
Joan Solu addressed Item D4 (Consideration of Draft Ordinance for a Morro Bay Tourism
Business Improvement District) and stated eliminating participation in the County Business
® Improvement District would dramatically reduce the marketing effort for the City's tourism
industry. She suggested the advisory board consist of two members of the Community
Promotions Committee, the Director of the Chamber of Commerce and four representatives
from the lodging industry who are selected by vote of the stakeholders. Ms. Solu requested
the City Council omit vacation homes and recreational vehicle parks from the ordinance.
Jonni Biaggini stated the City should approve the Business Improvement District with a 3%
assessment, which would allow the hoteliers to promote their business, and it would also
benefit the City.
John Sorgenfrei urged the City Council to approve the Business Improvement District with
a 3% assessment. He said a healthy Business Improvement District would provide funds to
assist marketing around the country; allow attendance at trade shows; and provide the
opportunity to position Morro Bay where it should be.
David Nelson stated a "shovel -ready" approach is needed for projects in the City. He said
wage increases should not be considered at this time for staff. Mr. Nelson stated the outfall
lease calls for Dynegy to remove the tanks, which should be removed by the winter and not
during tourist season.
11
® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — FEBRUARY 9, 2009
Colby Cromer stated the national financial crisis might offer opportunity for fundamental
structural modification. He said there has been terrible waste in the City in the
environmental regard. Mr. Crotzer expressed disappointment that the proposed tennis
courts at Del Mar Park are not going forward.
John Barra stated the City needs to plant the seeds for business enhancement, and urged the
City Council to approve a 3% Business Improvement District.
Joshua Carmichael invited the Council to an event of the SLO Chapter of the California
Landscape Contractors Association on how to design and install legal grey water systems
for residential properties at the SLO Botanical Garden on February 17a .
Harold Biaggini requested the City Council support the 3% Business Improvement District
Cathy, Welles stated the $43,000 spent on a flatbed truck for the Harbor Department is
ludicrous. She said instead of paying for a modular building for the Harbor Department,
the City should pay a fraction of the money to repair the existing building.
® Lynda Merrill thanked the City Council for their appointment of advisory board members.
She suggested those not chosen could be appointed as alternates. Ms. Merrill also
congratulated those who have been promoting the Business Improvement District.
Galen Ricard requested Council support of the business grassroots effort, the Business
Improvement District that will build the sustainability effort in the City.
Mayor Peters closed the hearing for public comment.
Mayor Peters called for a break at 7:40 p.m.; the meeting resumed at 7:50 p.m.
A. CONSENT CALENDAR
Unless an item is pulled for separate action by the City Council, the following actions are
approved without discussion.
A-1 APPROVAL OF MINUTES FOR THE REGULAR CITY COUNCIL MEETINGS
OF JANUARY 12, 2009 AND JANUARY 26, 2009; AND THE SPECIAL
MEETING OF JANUARY 28, 2009; (ADMINISTRATION)
RECOMMENDATION: Approve as submitted.
E
0
® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — FEBRUARY 9, 2009
A-2 RESOLUTION NO. 04-09 ADOPTING � THE MID -YEAR BUDGET
AMENDMENTS; (ADMINISTRATIVE SERVICES)
RECOMMENDATION: Adopt Resolution No. 04-09.
A-3 RESOLUTION NO. 05-09 TO REAFFIRM INVESTMENT OF MONIES IN THE
LOCAL AGENCY INVESTMENT FUND (LAIF) AND DESIGNATE
TRANSACTION OFFICERS; (ADMINISTRATIVE SERVICES)
RECOMMENDATION: Adopt Resolution No. 05-09.
A4 RESOLUTION NO. 06-09 ENDORSING THE GUIDING PRINCIPLES OF THE
SAN LUIS OBISPO COUNTYWIDE 10-YEAR PLAN TO END
HOMELESSNESS; (ADMINISTRATION)
RECOMMENDATION: Adopt Resolution No. 06-09.
A-5 RESOLUTION NO. 07-09 ADOPTING THE MEMORANDUM OF
® UNDERSTANDING WITH THE MORRO BAY FIREFIGHTERS AND
RELATED COMPENSATION; (ADMINISTRATION)
RECOMMENDATION: Adopt Resolution No. 07-09.
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 FEBRUARY 2009 AS "GRAND JURY
AWARENESS MONTH"; (ADMINISTRATION)
RECOMMENDATION: Adopt Proclamation.
A-8 PROCLAMATION DESIGNATING FEBRUARY 24, 2009 AS "SPAY DAY
USA"; (ADMINISTRATION)
RECOMMENDATION: Adopt Proclamation.
5
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — FEBRUARY 9, 2009
Mayor Peters pulled Items A-7 and A-8 of the Consent Calendar in order to make
presentations.
MOTION: Councilmember Winholtz moved the City Council approve Items A-7 and
A-8 of the Consent Calendar. The motion was seconded by Councilmember
Grantham and carried unanimously. (5-0)
Councilmember Winholtz pulled Item A-2 from the Consent Calendar.
MOTION: Councilmember Grantham moved the City Council approve the Consent
Calendar with the exception of Item A-2. The motion was seconded by
Councilmember Borchard and carried unanimously. (5-0)
A-2 RESOLUTION NO. 04-09 ADOPTING THE MID -YEAR BUDGET
AMENDMENTS; (ADMINISTRATIVE SERVICES)
Councilmember Winholtz stated she would like to remove the $110,000 from the General
Fund for the Neighborhood Compatibility Standards, Housing Element Update and Storm
® Water Management Plan. She suggested the Storm Water Management Plan be paid from the
undesignated Measure Q funds, and the Housing Element and Neighborhood Compatibility
Standards be revised in-house.
11
MOTION: Councilmember Winholtz moved the City Council adopt Resolution No.
04-09 adopting the mid -year budget amendments eliminating the $110,000
for contracted services under Public Services. The motion was seconded
by Councilmember Smukler.
Councilmember Smukler requested an amendment to the motion to not include the
elimination of the Housing Element funding.
MOTION: Councilmember Winholtz moved the City Council adopt Resolution No.
04-09 adopting the mid -year budget amendments with the elimination of
the Storm Water Management Plan and Neighborhood Compatibility
Standards. The motion was seconded by Councilmember Smukler and
carried unanimously. (5-0)
MOTION: Councilmember Winholtz moved the City Council direct staff to fund the
Storm Water Management Plan in the amount of $25,000 from the Measure
Q undesignated funds of $49,000. The motion was seconded by
Councilmember Grantham and carried unanimously. (5-0)
0
® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — FEBRUARY 9, 2009
B. PUBLIC HEARINGS. REPORTS & APPEARANCES — NONE.
C. UNFINISHED BUSINESS — NONE.
D. NEW BUSINESS
D-1 AUTHORIZATION TO RECRUIT AND FILL HALF-TIME RECREATION AND
PARKS MAINTENANCE 11 POSITION; (RECREATION & PARKS)
Recreation & Parks Director Joe Woods stated the City Council instituted a hiring freeze
when the fiscal year 2004/05 budget was adopted. This policy requires City Council
approval for the filling of any new or vacant position while the freeze is in effect. During
fiscal year 2004/05, staff reduced the two allocated positions for the Cloisters Assessment
District to one and a half. Pursuant to Council's direction at the December 8, 2008
meeting, staff filled the Maintenance II vacancy left by the retirement of an employee. That
vacancy was filled by an employee who held the half-time position allocated to the
Cloisters Assessment District. As a result, staff is seeking to fill the half-time Maintenance
II vacancy. Mr. Woods recommended the City Council authorize staff to recruit and fill
half-time Recreation and Parks Department Maintenance lI position vacancy.
MOTION: Councilmember Grantham moved the City Council authorize staff to recruit
and fill the half-time Recreation and Parks Department Maintenance H
position vacancy. The motion was seconded by Mayor Peters.
Councilmember Borchard expressed concern with the current budget and stated this is not
the time to fill a part time position that may be cut in a couple of months.
Councilmember Smukler stated this position should be considered at the end of the fiscal
year budget. He also said alternative work force options should be considered to maintain
a high level of service for the community.
Councilmember Winholtz expressed frustration that although there is a hiring freeze, each
time there has been a request to fill a vacancy, it has been approved. She said she would
not support this request.
VOTE: The motion failed with Councilmember Borchard, Councilmember
Smukler and Councilmember Winholtz voting no. (2-3)
E
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — FEBRUARY 9, 2009
D-2 CONSIDERATION OF RECOMMENDATIONS FROM THE CITIZENS
OVERSIGHT COMMITTEE; (ADMINISTRATIVE SERVICES)
Administrative Services Director Susan Slayton stated on December 3, 2007, the Citizens
Oversight Committee reviewed the fiscal year 2007/08 transactions that occurred in the
District Transaction Tax Fund (Measure Q). She reviewed the questioned expenditures and
recommended actions made by the Committee. Ms. Slayton recommended the City Council
discuss and provide direction regarding the Committee's recommendations.
MOTION: Councilmember Winholtz moved the City Council approve the payoff of the
Public Safety (Police) vehicle loans and fund with a Risk Management Fund
loan. The motion was seconded by Councilmember Borchard and carried
with Councilmember Grantham and Mayor Peters voting no. (3-2)
MOTION: Councilmember Winholtz moved the City Council follow the Citizen's
Oversight Committee's recommendations for Streets and fund the software
license renewal ($862), and ADA ramps downtown ($2,396) as a General
Fund expenditure; and, transfer $2,828 of spent Measure Q funds for street
® maintenance to General Fund. The motion was seconded by Councilmember
Borchard and carried unanimously. (5-0)
MOTION: Councilmember Borchard moved the City Council leave the remaining
$25,000 in Measure Q funds to be allocated as needed. The motion was
seconded by Councilmember Smukler and carried unanimously. (5-0)
MOTION: Councilmember Grantham moved the City Council continue the current
policy regarding depreciation for police cars. The motion was seconded by
Mayor Peters and carried unanimously. (5-0)
D-3 CONSIDERATION OF THE FLEXIBLE SPENDING ACCOUNT BENEFIT FOR
HEALTH AND DEPENDENT CARE EXPENSES; (ADMINISTRATIVE
SERVICES)
Administrative Services Director Susan Slayton stated a Flexible Spending Account also
called a cafeteria plan is a benefit designed to save both employees and employers money as
it helps to fill coverage gaps between health plans and out-of-pocket expenses. This program
is 100% voluntary and the City only pays the monthly fees for the enrolled employee. The
program runs on an annual basis whereby interested employees enroll at the program's
inception. Those enrolled employees are obligated to the program for the current calendar
year and no new employees can enroll until the open enrollment period for the new calendar
0 year. Those employees electing to participate would make a determination of dollars they
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — FEBRUARY 9, 2009
request deducted on a monthly basis; those monies go into their personal FSA account(s). As
needed, they use their FSA debit card for eligible out-of-pocket health or dependent care
related expenses. Advantages for the employer include Medicare tax savings of 1.45% on
every dollar the employee puts in the plan; flexibility in budgeting for and controlling
escalating benefit costs; employee morale; and, provides a competitive benefit plan that helps
to attract and retain employees. Ms. Slayton recommended the City Council consider
authorizing and funding City employees' participation in a Flexible Spending Account
Program.
MOTION: Councilmember Grantham moved the City Council approve participation in
the Flexible Spending Account Program with a $2,500 employee medical
care limit, and $2,500 dependent medical care limit. The motion was
seconded by Councilmember Winholtz and carried unanimously. (5-0)
D-4 CONSIDERATION OF DRAFT ORDINANCE FOR A MORRO BAY TOURISM
BUSINESS RAPROVEMENT DISTRICT; (CITY ATTORNEY)
City Attorney Robert Schultz stated the discussion to form a Tourism Business
Improvement District (TBID) in San Luis Obispo surfaced approximately three years ago,
when the San Luis Obispo Visitors and Conference Bureau initiated efforts to establish a
countywide district to generate much needed funding for tourism promotion and marketing
efforts for the County. In November 2006, the City passed a resolution of consent to allow
their lodging establishments to participate in the countywide TBID discussion, subject to
limitations. In December 2007, the City Council reconsidered its involvement in the San
Luis Obispo County TBID because the district was originally proposed for the County of
San Luis Obispo's unincorporated areas and the cities of Atascadero, Arroyo Grande,
Grover Beach, Morro Bay, San Luis Obispo, Paso Robles and Pismo Beach. At that time,
the only other organizations that passed a resolution consenting to a countywide formation
were the County of San Luis Obispo, the City of Arroyo Grande, the City of Atascadero
and the City of Morro Bay. There was a concern by the City regarding the lack of cities
participating. In January 2009, the City Council again reconsidered its involvement in the
San Luis Obispo County TBID since the countywide BID had yet to be instituted and the
original conditions adopted by the City Council were not met in the draft ordinance
presented by the County. After reconsideration, the City Council approved a motion to
discontinue with the countywide BID and directed staff to bring back a draft ordinance for
a citywide TBID. Mr. Schultz recommended the City Council direct staff to return with a
Resolution of Intention to form a citywide TBID for the purpose of increasing industry
investment in tourism marketing in the City of Morro Bay.
9
® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — FEBRUARY 9, 2009
The consensus of the City_ Council was to not include vacation rentals or recreational
vehicle parks, and to revisit this at the end of the calendar year 2009.
The consensus of the City Council was on a 2% assessment.
The consensus of the City Council was to maintain the Community Promotions Committee
and Business Improvement District Advisory Board as separate committees.
The Advisory Board would be comprised of two Community Promotions Committee
members, one Chamber of Commerce member, and four hoteliers.
No further action was taken on this item.
E. DECLARATION OF FUTURE AGENDA ITEMS
Mayor Peters requested to agendize the review of the Business Development Ad -Hoc
Committee; Council concurred.
Councilmember Smukler requested an update on the Wave Energy/Intervener Status;
Mayor Peters and Councilmember Grantham concurred.
Councilmember Smukler requested to agendize a presentation from the Air Pollution
Control District regarding developing laws (AB 32); Council concurred.
Councilmember Winholtz requested to agendize the approval of sending a letter in support
of CAL-EMA on the Public Safety Policy Committee; Council concurred.
Councilmember Winholtz requested a memorandum on the overview on grant funding for
capital improvement projects prior to the Goals Setting Workshop; Council concurred.
ADJOURNMENT
The meeting adjourned at 9:49 p.m.
Recorded by:
Bridgett B er
City Clerk
10
NOTICE OF SPECIAL
CITY COUNCIL MEETING
NOTICE IS HEREBY GIVEN that the Morro Bay City Council will be
holding a Special Meeting on Wednesday. January 28, 2009 at 6:00 a.m. to be held in
the Community Center Multi Purpose Room, 1001 Kennedy Way, Morro Bay,
California. The City Council will be conducting the following business:
• Resolution No. 03-09 rescinding Resolution No. 58-06 that conditionally
granted consent to the County of San Luis Obispo to form the San Luis
® Obispo County Tourism Business Improvement District; and
• The City Council will be interviewing applicants for vacancies on the City's
Planning Commission, Recreation & Parks Commission, Harbor Advisory
Board, .Public Works Advisory Board, and Community Promotions
Committee.
DATED: January 27, 2009
L24&k- k&AAXXff�
Bridgett Bad& 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.
MORRO BAY CITY COUNCIL
SPECIAL MEETING — JANUARY 28, 2009
COMMUNITY CENTER MULTI PURPOSE ROOM - 6:00 P.M.
Mayor Peters called the meeting to order at 6:00 p.m.
PRESENT: Janice Peters Mayor
Carla Borchard Councilmember
Rick Grantham Councilmember
Noah Smukler Councilmember
Betty Winholtz Councilmember
STAFF: Andrea Lueker City Manager
ESTABLISH QUORUM AND CALL TO ORDER
PLEDGE OF ALLEGIANCE
MAYOR AND COUNCIL MEMBERS REPORTS, ANNOUNCEMENTS &
PRESENTATIONS
RESOLUTION NO. 03-09 RESCINDING RESOLUTION NO. 58-06 THAT
IMPROVEMENT DISTRICT
® MOTION: Councilmember Grantham moved the City Council adopt Resolution No.
03-09 rescinding Resolution No. 58-06 that conditionally granted consent
to the County of San Luis Obispo to form the San Luis Obispo County
Tourism Business Improvement District. The motion was seconded by
Councilmember Borchard and carried with Councilmember Smukler and
Councilmember Winholtz voting no. (3-2)
APPROVAL TO ACCEPT TWO LATE APPLICATIONS
Mayor Peters stated two applications were submitted after the closing date, and requested
Council comments on acceptance of these applications.
Councilmember Winholtz stated she is not in support of accepting these applications
because it is not fair to the other applicants.
MOTION: Mayor Peters moved the City Council accept the two applications
submitted after the closing date. The motion was seconded by
Councilmember Grantham and carried with Councilmember Winholtz
voting no. (4-1)
COUNCIL DECLARATION OF FUTURE AGENDA ITEMS
® CONSENT CALENDAR
Unless an item is pulled for separate action by the City Council, the following actions are
approved without discussion.
A -I PROCLAMATION IN SUPPORT OF THE PEDAL TO PIER BICYCLE
EVENT; (ADMINISTRATION)
RECOMMENDATION: Adopt Proclamation.
A-2 APPROVAL OF SIDE LETTER TO SEIU MEMORANDUM OF
UNDERSTANDING REGARDING JOB TITLE CHANGES FOR CERTAIN
POSITIONS; (ADMINISTRATIVE SERVICES DEPARTMENT)
RECOMMENDATION: Approve job title changes to certain positions in the
Service Employees International Unit to more accurately reflect their duties.
A-3 PROPOSED CALENDAR FOR THE 2009-2011 BIENNIAL BUDGET;
(ADMINISTRATIVE SERVICES DEPARTMENT)
RECOMMENDATION: Approve the schedule of events leading to adoption of
the biennial budget.
® A4 CONTINUATION OF EMERGENCY PER PUBLIC CONTRACT CODE
SECTION 22050 FOR THE INSTALLATION OF ENERGY RECOVERY
EQUIPMENT; (PUBLIC SERVICES)
11
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 REGARDING THE MORRO BAY TOURISM BUSINESS
IMPROVEMENT DISTRICT; (ADMINISTRATION)
RECOMMENDATION: Receive presentation for information.
B-2 RECONSIDERATION OF THE CITY'S INVOLVEMENT WITH THE
COUNTYWIDE BUSINESS IMPROVEMENT DISTRICT;
(ADMINISTRATION)
RECOMMENDATION: Reconsider the consent given to the County of San Luis
Obispo to form the San Luis Obispo County Business Improvement District.
9
B-3 MID YEAR BUDGET REVIEW AND RECOMMENDED BUDGET
® AMENDMENTS; (ADMINISTRATIVE SERVICES DEPARTMENT)
RECOMMENDATION: Direct staff to return with a resolution authorizing the
approved budget adjustments.
C. UNFINISHED BUSINESS — NONE.
D. NEW BUSINESS
D-1 PRESENTATION ON THE 10-YEAR PLAN TO END HOMELESSNESS IN
SAN LUIS OBISPO COUNTY
RECOMMENDATION: Receive presentation for information.
D-2 SELECTION OF TWO COUNCIL MEMBERS TO SERVE ON THE JPA AND
MOBILEHOME SUB -COMMITTEES; (CITY ATTORNEY)
RECOMMENDATION:'. Appoint or reappoint two members to the Mobile Home
and JPA Sub -Committees.
D-3 LETTER TO THE BOARD OF SUPERVISORS REGARDING THE STATE
PARKS AND COUNTY CONTRACT; (CITY COUNCIL)
® RECOMMENDATION: Approve sending letter to the San Luis Obispo County
Board of Supervisors regarding the State Parks and County. of San Luis
Obispo Contract.
fil•\ �7lalili�1�1 �1►1111
THIS AGENDA IS SUBJECT TO AMENDMENT UP TO 72 HOURS PRIOR TO THE DATE AND
TU1IE 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.
11
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — JANUARY 26, 2009
VETERANS MEMORIAL HALL - 6:00 P.M.
Mayor Peters called the meeting to order at 6:00 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
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
ESTABLISH QUORUM AND CALL TO ORDER
® MOMENT OF SILENCE
PLEDGE OF ALLEGIANCE
MAYOR AND COUNCIL MEMBERS REPORTS, ANNOUNCEMENTS &
PRESENTATIONS
CLOSED SESSION REPORT — There was no Closed Session meeting.
PUBLIC COMMENT
Rebecca Aroe invited the community to a Morro Bay Garden Club Meeting on January
28t° with guest speaker Michael Robertson who will be discussing water conservation
issues such as grey water.
Ani Lyne stated the Morro Bay High School has been the County's top scoring high
school in the Academic Performance Index. She requested the community help donate
towards trips as incentive for the students.
Joyce Lundy reviewed the statistics of the Chamber of CommerceNisitors Center. She
said there would be a mixer on February 19's at Edward Jones Investment Services. Ms.
Lundy stated the Lady Washington and Hawaiian tall ships would be in Morro Bay on
February 13, 14 and 15.
® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — JANUARY 26, 2009
Robert Davis representing the Citizens Bike Committee stated the San Luis Obispo
Council of Governments is in the process of gathering unmet transit and bike needs
throughout the County. He said two projects from last year's unmet bike needs have
been completed in Morro Bay; one to repair a damaged area on the Class I bike lane near
the high school, and a bike rack was placed on Coleman Drive near Morro Rock. Mr.
Davis stated the unmet bike needs for this year have been submitted, which some are
under other jurisdictions such as State Parks and Dynegy. He said one project that is
ready to go this year and has good potential for funding is the Class II bike lanes near
Main Street from Atascadero Road to Yerba Buena Street and has been unanimously
endorsed by the Public Works Advisory Board. Mr. Davis requested Council's
consideration of this project in the near future.
Joan Solu invited the community to Del Mar School's Third Annual Art Auction and
Fundraiser on March 29'h, and announced donations are being accepted for this benefit.
Janice Rowen reviewed information on the County and State Parks Operating Agreement
and the implementation of a fee to enter Montano de Oro State Park. She stated AT&T
funds should be considered as an additional fee to help with the mitigation to go toward
the annual State Parks fee. Ms. Rowen requested the City send a letter in support of
® maintaining free entrance into Montana de Oro for day use.
Jane Heath addressed the importance of using local businesses for business and personal
services to assist the local economy.
Carolyn Newman expressed concern with the number of homeless children who are
attending school in Morro Bay, and the need to assist homelessness in our community.
Dan Glessman addressed the need for further expense reductions and restructuring in the
City before considering tax increases.
Janet Gould, Principal of Del Mar School, addressed the difficulty of homeless children
in Morro Bay and the need to look at services in Morro Bay to assist these homeless
families.
Mayor Peters closed the hearing for public comment.
Mayor Peters called for a break at 6:58 p.m.; the meeting resumed at 7:08 p.m.
2
® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — JANUARY 26, 2009
A. CONSENT CALENDAR
Unless an item is pulled for separate action by the City Council, the following actions are
approved without discussion.
AA PROCLAMATION IN SUPPORT OF THE PEDAL TO PIER BICYCLE
EVENT; (ADMINISTRATION)
RECOMMENDATION: Adopt Proclamation.
A-2 APPROVAL OF SIDE LETTER TO SEIU MEMORANDUM OF
UNDERSTANDING REGARDING JOB TITLE CHANGES FOR CERTAIN
POSITIONS; (ADMINISTRATIVE SERVICES DEPARTMENT)
RECOMMENDATION: Approve job title changes to certain positions in the
Service Employees International Unit to more accurately reflect their duties.
A-3 PROPOSED CALENDAR FOR THE 2009-2011 BIENNIAL BUDGET;
(ADMINISTRATIVE SERVICES DEPARTMENT)
® RECOMMENDATION: Approve the schedule of events leading to adoption of
the biennial budget.
A-4 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.
MOTION: Councilmember Winholtz moved the City Council approve the Consent
Calendar. The motion was seconded by Councilmember Grantham and
carried unanimously. (5-0)
B. PUBLIC HEARINGS. REPORTS & APPEARANCES
B-1 PRESENTATION REGARDING THE MORRO BAY TOURISM BUSINESS
IMPROVEMENT DISTRICT; (ADMINISTRATION)
The City Council received a presentation from Jonni Biaggini and Joan Solu regarding
the proposed Morro Bay Tourism Business Improvement District.
3
® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — JANUARY 26, 2009
Mayor Peters opened the hearing for public comment
The following people expressed support for a Morro Bay Tourism Business Improvement
District: Pablo Romero, Zoey Andres, Mike Casola, Dan Reddell, Peter Candela, Jim
Pauley, and John Barta.
Mayor Peters closed the public comment hearing.
Councilmember Winholtz stated she is not supportive of both the City and County
Business Improvement District. She said the City is secluded on the coast with the other
coastal areas and would benefit from 2% participation with the County Business
Improvement District.
Councilmember Grantham stated it would not be realistic to participate in both the City
and County Business Improvement District. He said a compromised solution would be to
promote the City Business Improvement District at no more than 2% participation, and
consider a 2% increase in transient occupancy tax. Councilmember Grantham stated
voluntary participation in the Business Improvement District is not realistic, and vacation
homes should be included.
® Councilmember Sinukler stated the Community Promotions Committee is an excellent
use of the City's resources and should be included in this process. He said there is the
potential of agreeing to ''/z% participation with the County Business Improvement
District. He said participation with the City Business Improvement District at 3%
deserves consideration with a one-two year review, including vacation rentals, and
funding earmarked to the Community Promotions Committee. Councilmember Smukler
stated he also supports the consideration of a 1-1/2% increase in transient occupancy tax.
LJ
Councilmember Borchard stated the County Business Improvement District is still an
unknown and should not be considered at this time. She said the City continues to fund
the Visitors and Conference Bureau who does a good job promoting the City at the
County level. Councilmember Borchard stated she could support participating in the City
Business Improvement District at 3%, including vacations rentals; and supports the
consideration of a 1% transient occupancy increase.
Mayor Peters stated she is reluctant to participate in the County Business Improvement
District because it is still not formed. She said she supports participation in the City
Business Improvement District at 3%, including vacation rentals; continue funding the
Visitors and Conference Bureau; and, the consideration of a 1% transient occupancy tax
increase.
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® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — JANUARY 26, 2009
MOTION: Councilmember Borchard moved the City Council direct staff to draft an
Ordinance in support of a local Business Improvement District to include
vacation rentals. The motion was seconded by Councilmember Grantham
and carried unanimously. (5-0)
B-2 RECONSIDERATION OF THE CITY'S INVOLVEMENT WITH THE
COUNTYWIDE BUSINESS IMPROVEMENT DISTRICT;
(ADMINISTRATION)
City Manager Andrea Lueker stated in July 2006, the County Board of Supervisors
adopted a resolution taking the first step toward setting up a countywide Business
Improvement District (BID) as a mechanism to raise money from the hospitality industry
for promotion and marketing. The County Visitor and Conference Bureau (VCB)
expended efforts contacting businesses in the County explaining and promoting this
approach. After approval at the County level, the discussion shifted the local City
Councils. The VCB requested the Morro Bay City Council adopt a resolution giving
consent to include the City within the County BID. At the November 13, 2006 City
Council meeting, the Council approved Resolution No. 58-06, which conditionally
granted consent to the County to form the San Luis Obispo County Tourism Business
® Improvement District. Ms. Lueker recommended the City Council reconsider the consent
given to the County of San Luis Obispo to form the San Luis Obispo County Tourism
Business Improvement District.
Mayor Peters opened the hearing for public comment.
Joan Solu stated the County Board of Supervisors would be considering the County
Business Improvement District at a 2% assessment for Atascadero, Arroyo Grande and
unincorporated areas, and Morro Bay would be participating at 1%. She said the money
would be used towards the film commission, travel industry, tour business industry, and
international industry. Ms. Solu stated the stewardship would enhance the local visitor -
serving areas.
Jonni Biaggini stated with 1% participation, funding would go towards the County
promotion and Morro Bay would get the benefit of the 1.4 million dollar County
marketing campaign. She said the member of the City Council who serves on the City
BID advisory board would need to be appointed to serve on the County BID advisory
board.
Mayor Peters closed the public comment hearing.
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5
® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — JANUARY 26, 2009
MOTION: Councilmember Winholtz moved the City Council reaffirm continued
support of the County Business Improvement District at 1%. The motion
was seconded by Councilmember Smukler and failed with
Councilmember Borchard, Councilmember Grantham and Mayor Peters
voting no. (2-3)
MOTION: Councilmember Smukler moved the City Council approve '/2%
participation in the County Business Improvement District. The motion
was seconded by Councilmember Winholtz and failed with
Councilmember Borchard, Councilmember Grantham and Mayor Peters
voting no. (2-3)
MOTION: Mayor Peters moved the City Council rescind Resolution No. 58-06 that
conditionally granted consent to the County of San Luis Obispo to form
the San Luis Obispo County Tourism Business Improvement District. The
motion was seconded by Councilmember Borchard and carried with
Councilmember Smukler and Councilmember Winholtz voting no. (3-2)
Mayor Peters called for a break at 8:38 p.m.; the meeting resumed at 8:48 p.m.
® B-3 MID YEAR BUDGET REVIEW AND RECOMMENDED BUDGET
AMENDMENTS; (ADMINISTRATIVE SERVICES DEPARTMENT)
Administrative Services Director Susan Slayton presented the 2008/09 budget
adjustments. Included is a December 31, 2008 budget performance report for the General
Fund, which has been economically adjusted to move certain applicable revenues, such as
transient occupancy tax and sales tax, into the proper reporting period. Ms. Slayton
recommended the City Council direct staff to return with a resolution authorizing these
approved adjustments.
Mayor Peters opened the hearing for public comment.
Melody DeMeritt addressed how other entities are handling the present economic crisis.
She said the City should not spend on unallocated projects. Ms. DeMeritt recommended
the City not fund the Buxton study or hire any more consultants; continue the hiring
freeze; consider department head salary freeze; and go to a tiered retirement system.
Barbara Jo Osbourne recommended the City Council consider the following: do not cut
services; do not contract with Cal Fire; consider out -sourcing the City Attorney's office;
consider memberships and associations; stop hiring consultants; stop prevailing wages;
increase transient occupancy tax by 3%; and consolidate departments. She also noted the
® benefit package for employees are too high.
f-9
® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — JANUARY 26, 2009
Joan Solu stated the City's budget is a mess, and a profit improvement plan is needed in
the City.
Mayor Peters closed the public comment hearing.
Councilmember Smukler stated internal expenses should be seriously considered, as well
as furloughs; however, cutting services to the public should be avoided.
Councilmember Borchard stated a zero -based budget would justify departmental
expenses. She said the City should consider furloughs, cutting costs and raising revenue.
Councilmember Winholtz stated Measure Q funds should not be used on the Buxton
study, and studies should not come out of the Capital Improvement Fund. She said the
City has spent $1 million more than budgeted.
Mayor Peters shared information received from the City of Arroyo Grande and the City
of Atascadero on their discussions with the Buxton Company, which were mixed
reviews.
® Councilmember Smukler stated the City should focus on utilizing local resources, and
efforts should be made on funding an economic stimulus package locally.
Councilmember Borchard stated she does not support funding the Buxton study at this
time, and Measure Q funds should not be used.
Councilmember Grantham stated he supports funding the Buxton study noting one
referral would pay for the study.
Councilmember Winholtz stated she does not support funding the Buxton study at this
time, and Measure Q funds should not be used.
Mayor Peters stated she has made efforts to bring business into the City with no avail,
where a consultant may have a different approach with better results. She said she does
agree that now is not the time to fund the Buxton study, however the City should
reconsider it at another time.
MOTION: Councilmember Winholtz moved the City Council approve the revenue
adjustments as stated in the staff report; approve the expenditure
adjustments eliminating the General Government Capital Improvements;
and, fund the Mandatory Housing Element Update, Neighborhood
Compatibility Standards and Storm Water Management Plan from the
® appropriate fund. The motion was seconded by Councilmember Grantham
and carried unanimously. (5-0)
7
® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — JANUARY 26, 2009
C. UNFINISHED BUSINESS — NONE.
D. NEW BUSINESS
D-I PRESENTATION ON THE 10-YEAR PLAN TO END HOMELESSNESS IN
. SAN LUIS OBISPO COUNTY
The City Council received a presentation from Dana Lilley, representing the Transition
Team on the 10-Year Plan to End Homelessness in San Luis Obispo County.
Paul Brown, Dee Torres, and Scott Smith of the Transition Team also made comments.
It was requested Council: 1) receive the plan; 2) endorse its guiding principles; 3) use the
plan to guide future decisions; and 4) appoint a Council Member to the governing body.
MOTION: Councilmember Winholtz moved the City Council: 1) receive the 10-year
plan to end homelessness in San Luis Obispo County; 2) endorse its
guiding principles; 3) use the plan to guide future decisions; and 4)
appoint Councilmember Grantham as the City's representative on the
governing body. The motion was seconded by Councilmember Smukler
and carried unanimously. (5-0)
D-2 SELECTION OF TWO COUNCIL MEMBERS TO SERVE ON THE JPA AND
MOBILEHOME SUB -COMMITTEES; (CITY ATTORNEY)
City Attorney Robert Schultz stated at the December 8, 2008 Council meeting, the Mayor
made annual appointments to County and Regional committees; however, appointments
to the City's Mobile Home Rent Control and Morro Bay/Cayucos JPA Sub -Committees
were not included. He recommended the City Council appoint or re -appoint two
members to serve on these two Sub -Committees.
MOTION: Mayor Peters moved the City Council re -appoint herself to serve on the
Morro Bay/Cayucos JPA Sub -Committee. The motion was seconded by
Councilmember Borchard and carried unanimously. (5-0)
MOTION: Mayor Peters moved the City Council appoint Councilmember Grantham
to serve on the Morro Bay/Cayucos JPA Sub -Committee. The motion was
seconded by Councilmember Borchard and carried with Councilmember
Smukler and Councilmember Winholtz voting no. (3-2)
MOTION: Councilmember Smukler moved the City Council appoint Councilmember
® Borchard and Councilmember Winholtz to serve on the Mobile Home
Rent Control Sub -Committee. The motion was seconded by
Councilmember Grantham and carried unanimously. (5-0)
8
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — JANUARY 26, 2009
D-3 LETTER TO THE BOARD OF SUPERVISORS REGARDING THE STATE
PARKS AND COUNTY CONTRACT; (CITY COUNCIL)
Councilmember Winholtz stated at the January 12`h meeting, Council received a
presentation from State Department of Parks and Recreation and County representatives
regarding the Operating Agreement for use and operation of state parks including those in
the City limits. Per the Agreement, the Department of Parks and Recreation has requested
the County to allow it to put up an entrance kiosk on Pecho Road inside of Montana de
Oro State Park. Councilmember Winholtz recommended the City Council send a letter to
the County Board of Supervisors stating Council's preference for no kiosk at the entrance
to Montana de Oro State Park and encourage the Board to pay the State Department of
Parks and Recreation annual rent.
Councilmember Borchard stated her impression was to send a letter of support for AT&T
to pay for the annual rent.
MOTION: Mayor Peters moved the City Council approve sending the proposed
letter to the County Board of Supervisors stating Council's preference for
no kiosk at the entrance to Montana de Oro State Park and encourage the
Board to pay the State Department of Parks and Recreation annual rent.
The motion was seconded by Councilmember Grantham and carried with
Councilmember Borchard voting no. (4-1)
E. DECLARATION OF FUTURE AGENDA ITEMS
Councilmember Grantham requested staff prepare a memorandum on the review of
policies regarding shutdown of State Water in the event of a major catastrophe;
Councilmember Smukler concurred.
Councilmember Winholtz requested to agendize a discussion on unmet bike needs,
including the North Main Street bike lane; Councilmember Smukler concurred.
Councilmember Smukler requested to agendize a discussion on more frequent budget
reports; Councilmember Borchard and Mayor Peters concurred.
F. ADJOURNMENT
The meeting adjourned at 10:52 p.m.
Recorded by:
Bridgett Maier
City Clerk
® City of Morro Bay
City Council Agenda
Mission Statement
The City of Morro Bay is dedicated to the preservation and enhancement of the quality
of life The City shall be committed to this purpose and will provide a level of
municipal service and safety consistent with and responsive to the needs of the public
REGULAR MEETING — JANUARY 12, 2009
CLOSED SESSION — JANUARY 12, 2009
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: 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.
IT IS NOTED THAT THE CONTENTS OF CLOSED SESSION MEETINGS
ARE CONFIDENTIAL AND EXEMPT FROM DISCLOSURE.
® PUBLIC SESSION — JANUARY 12, 2009
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 SPECIAL CITY COUNCIL MEETING
AND REGULAR CITY COUNCIL MEETING ON DECEMBER 8, 2008;
(ADMINISTRATION)
RECOMMENDATION: Approve as submitted.
A-2 RESOLUTION NO. 01-09 ADOPTING THE CITY OF MORRO BAY
INVESTMENT POLICY AND DELEGATING AUTHORITY TO THE CITY
TREASURER TO INVEST IDLE FUNDS; (FINANCE)
RECOMMENDATION: Adopt Resolution No. 01-09.
A-3 RESOLUTION NO. 02-09 DESIGNATING AND AUTHORIZING
INVESTMENT TRANSACTION OFFICERS; (FINANCE)
RECOMMENDATION: Adopt Resolution No. 02-09.
A4 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.
B. PUBLIC HEARINGS. REPORTS & APPEARANCES — NONE.
C. UNFINISHED BUSINESS — NONE.
D. NEW BUSINESS
D-1 PRESENTATION FROM SAN LUIS OBISPO COUNTY AND CALIFORNIA
STATE PARKS IN REGARD TO THEIR OPERATING AGREEMENT FOR
USE OF VARIOUS STATE PROPERTY
RECOMMENDATION: Receive presentation for San Luis Obispo County and
California State Parks in regard to their Operating Agreement for use of
various State property.
D-2 APPROVAL OF FUNDING FOR A REDEVELOPMENT FEASIBILITY
STUDY; (PUBLIC SERVICES)
RECOMMENDATION: Authorize the Public Services Director to execute the
contract with Urban Futures Inc. to conduct a Redevelopment Feasibility
Study with additional funding from the CDBG Loan Repayment Fund.
N
® D-3 DISCUSSION ON PLACING THE DYNEGY FUNDS IN THE ACCUMULATION
FUND; (FINANCE)
RECOMMENDATION: Direct staff to place the Dynergy Funds into the General
Accumulation Fund, and transfer needed amounts of that money to the
General Fund at the end of each fiscal year.
D-4 REVIEW OF PERMIT FEE FOR WATERFRONT PROJECTS; (PUBLIC
SERVICES)
RECOMMENDATION: Provide direction to staff on the permit fee on
waterfront projects.
D-5 REVIEW OF CHANGES TO CHAPTER 10 OF THE MORRO BAY
MUNICIPAL CODE - VEHICLES AND TRAFFIC; (CITY ATTORNEY)
RECOMMENDATION: Review changes made to "draft" Chapter 10, and direct
staff to return with any changes for introduction and first reading at a public
hearing.
D-6 DISCUSSION ON REVENUE BALLOT MEASURES INCLUDING A PUBLIC
UTILITIES USER TAX, TRANSIENT OCCUPANCY TAX AND 911 FEE;
(CITY ATTORNEY)
® RECOMMENDATION: Review report and the available options for revenue
ballot measures, and direct staff to begin preparing a draft Emergency
Communications (or 911) Tax Ordinance, a Utility User Tax Ordinance, and
a Transient Occupancy Tax Ordinance, and to bring back the draft
Ordinances for consideration at a City workshop.
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.
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.
S MINUTES - MORRO BAY CITY COUNCIL
CLOSED SESSION —JANUARY 12, 2009
CITY HALL CONFERENCE ROOM - 5:00 P.M.
Mayor Peters called the meeting to order at 5:00 p.m
PRESENT: Janice Peters
Mayor
Carla Borchard
Councilmember
Rick Grantham
Councilmember
Noah Smukler
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 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: 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.
The meeting adjourned to Closed Session at 5:00 p.m. and returned to regular session at
5:55 p.m.
MOTION: Councilmember Borchard 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 — JANUARY 12, 2009
VETERANS MEMORIAL HALL - 6:00 P.M.
Mayor Peters called the meeting to order at 6:00 p.m
PRESENT: Janice Peters
Mayor
Carla Borchard
Councilmember
Rick Grantham
Councilmember
Noah Smukler
Councilmember
Betty Winholtz
Councilmember
STAFF: Andrea Lueker
City Manager
Robert Schultz
City Attorney
Rick Algert
Harbor Director
Bruce Ambo
Public Services Director
John DeRohan
Police Chief
Mike Pond
Fire Chief
Susan Slayton
Administrative Services Director
Joe Woods
Recreation & Parks Director
ESTABLISH QUORUM AND CALL TO ORDER
MOMENT OF SILENCE
® PLEDGE OF ALLEGIANCE
MAYOR AND COUNCIL MEMBERS REPORTS,
ANNOUNCEMENTS &
PRESENTATIONS
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 stated the 28's Annual Poster Contest for the 2009 Harbor Festival with the
theme of Uptown, Downtown, and Sailing Around are due to Morro Bay Harbor Festival
Inc. by March 2, 2009. She said brochures on this year's Harbor Festival have been sent
out throughout the United States as well as five other countries.
Jonni Biaggini requested the City Council not take action on an increase to the transient
occupancy tax until they have received the presentation on the Business Improvement
District proposal.
Joan Solu requested the City Council consider the proposal of a Business Improvement
District in Morro Bay prior to considering an increase to the City's transient occupancy
tax.
E
2
• MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — JANUARY 12, 2009
Barbara Strassel stated she and her husband own three businesses on the waterfront and
noted sales have dropped 30% within the last year. She requested the City Council
consider rent reduction to the leaseholders in order to assist the businesses on the
waterfront.
Bill Carlson stated he represents the Central Coast United for Change whose focus is to
provide community service and supporting progressive solutions to local, state and
national issues. He said representatives of this non-profit group would be going door-to-
door to collect non-perishable foods that would be delivered to the Food Bank.
Joyce Lundy reviewed the statistics for the Chamber of Commerce. She also noted the
next Chamber mixer would be held at Dr. Tiffany Smart's Optometry office on January
15'", and the Annual Chamber Installation Dinner would be held on January 24a'.
Keith Taylor stated the Friends of the Morro Bay Fire Department, the George Hoag
Family Foundation and Morro Bay Rotary Club presented the Morro Bay Fire
Department $70,000 for the Rescue II Vehicle.
Bill Woodson encouraged participation from the community to participate in the Adopt -
a -Tree Program. He also presented Morro Bay license plate holders to Councilmembers
Borchard and Smukler.
John Barta encouraged the City write a letter to Congresswoman Lois Capps stating the
City. is "shovel -ready" in order to receive federal funding for projects in Morro Bay.
Melody DeMeritt requested the City Council agendize a discussion on the participation in
the County's Annual Creek Clean -Up program.
Tammie Haas announced the Morro Bay Grande would be holding a reorganization
meeting to reestablish membership on January 29 . She also noted there would be an art
auction and barbeque in support of the Del Mar PTA on March 291' and requested items
for the art auction.
Steve Seamus expressed concern with recreational vehicles parking overnight on
Beachcomber Drive, and requested the City Council consider posting signs in order to
enforce a 7-foot height limit and no overnight parking.
Joey Racano stated the City should be RV -friendly in order to assist the local economy.
He also expressed the importance of a 301-waiver and tertiary treatment to protect the
estuary.
0 Mayor Peters closed the hearing for public comment.
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — JANUARY 12, 2009
A. CONSENT CALENDAR
Unless an item is pulled for separate action by the City Council, the following actions are
approved without discussion.
A-1 APPROVAL OF MINUTES FOR THE SPECIAL CITY COUNCIL MEETING
AND REGULAR CITY COUNCIL MEETING ON DECEMBER 8, 2008;
(ADMINISTRATION)
RECOMMENDATION: Approve as submitted.
A-2 RESOLUTION NO. 01-09 ADOPTING THE CITY OF MORRO BAY
INVESTMENT POLICY AND DELEGATING AUTHORITY TO THE CITY
TREASURER TO INVEST IDLE FUNDS; (FINANCE)
RECOMMENDATION: Adopt Resolution No. 01-09.
A-3 RESOLUTION NO. 02-09 DESIGNATING AND
INVESTMENT TRANSACTION OFFICERS; (FINANCE)
RECOMMENDATION: Adopt Resolution No. 02-09.
AUTHORIZING
A4 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 22650 for the installation of desalination plant energy
recovery equipment.
MOTION: Councilmember Borchard moved the City Council approve the Consent
Calendar. The motion was seconded by Councilmember Winholtz and
carried unanimously. (5-0)
B. PUBLIC HEARINGS. REPORTS & APPEARANCES — NONE.
C. UNFINISHED BUSINESS — NONE.
n
® MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — JANUARY 12, 2009
D. NEW BUSINESS
D-1 PRESENTATION FROM SAN LUIS OBISPO COUNTY AND CALIFORNIA
STATE PARKS IN REGARD TO THEIR OPERATING AGREEMENT FOR
USE OF VARIOUS STATE PROPERTY
The City Council received a presentation from Pete Jenny, Deputy Director for San Luis
Obispo County Parks and Recreation, and Nick Franco, Superintendent for San Luis
Obispo Coast District regarding their Operating Agreement for use of various State
properties.
This was an informational item, and no action was taken by the City Council.
D-2 APPROVAL OF FUNDING FOR A REDEVELOPMENT FEASIBILITY
STUDY; (PUBLIC SERVICES)
Public Services Director Bruce Ambo stated the City has preliminarily discussed the
option of forming a Redevelopment Agency for some time now dating back to a
presentation on the basics of redevelopment in July 2005. The City commissioned a
® "Revenue Enhancement Opportunities and Development Fee Options for the City of
Morro Bay" study in April 2007, where redevelopment was identified as a prime revenue
enhancing strategy, along with raising development impact fees. On August 4, 2008, the
City Council authorized the application of CDBG — P/TA grant funding under the
General Allocation and Economic Development programs. More recently in the
"Management Partners Report — Assessment of City Organization and Financial Options"
the City Council reaffirmed the need and priority to develop and implement a
Redevelopment Agency following the authorization to submit for CDBG grant funding in
August 2008. In order to complete the formal formation of the Development Agency and
adoption of a Redevelopment Plan by the 2010 base tax year; it is necessary to begin the
process as soon as possible. For better or worse, property values may be at their lowest
in years, which leads to the opportunity to take advantage of increases in tax increment
over a low base year. Conducting the Redevelopment Feasibility Study would be the first
step in getting an expert opinion before committing significant resources to the formal
formation process. Establishing a Redevelopment Agency has been an established goal
and high priority of the City Council. Mr. Ambo recommended the City Council
authorize the Public Services Director to execute the contract with Urban Futures Inc. to
conduct a Redevelopment Feasibility Study with additional funding from the CDBG
Loan Repayment Fund.
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5
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — JANUARY 12, 2009
Councilmember Smukler stated he would like to focus on good visioning process,
developing community buy -in, low impact development, and green building designs as
key components to redevelopment projects which could be a valuable addition to the
City's portfolio.
Councilmember Borchard stated this is a great opportunity to look forward to some
redevelopment in the City. She expressed some concern with the State end of this
proposal and noted the City should proceed with caution as this investment is made.
Councilmember Grantham stated he supports funding this Redevelopment Feasibility
Study.
Councilmember Winholtz stated she is supportive of the concept however the timing for
funding is not appropriate.
Mayor Peters stated this has been a Council priority to create revenue for the City, and
this is the time to take the risk to move forward.
MOTION: Councilmember Grantham moved the City Council authorize the Public
® Services Director to execute the contract with Urban Futures Inc. to
conduct a Redevelopment Feasibility Study with additional funding from
the CDBG Loan Repayment Fund. The motion was seconded by Mayor
Peters and carried unanimously. (5-0)
D-3 DISCUSSION ON PLACING THE DYNEGY FUNDS IN THE ACCUMULATION
FUND; (FINANCE)
Finance Director Susan Slayton stated the General Fund expenditures should be balanced
against ongoing revenues, not one-time or limited duration funds. The $500,000, which
is annually received from Dynergy, is anticipated to end in 2012. This money should be
removed from the General Fund revenue mix, and included as a budgeted transfer in. At
the end of each fiscal year, only that portion of the $500,000, needed to balance the fund,
will be transferred. Ms. Slayton recommended the City Council approve placing the
Dynegy Funds into the General Accumulation Fund, and transfer needed amounts of that
money to the General Fund at the end of each fiscal year.
Councilmember Grantham stated these funds will not be ongoing and should be separated
because the City will not be able to depend on it in the near future.
Councilmember Winholtz stated the City does depend on this money and she would
prefer to leave it where it is.
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MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — JANUARY 12, 2009
Councilmember Smukler stated transferring these funds does give the City a realistic idea
and promotes further action to address the challenges facing the City.
Councilmember Borchard stated transferring these funds is just a bookkeeping
technicality.
Mayor Peters stated she supports transferring these funds if it assists the Finance Director
with budget predictions.
MOTION: Councilmember Grantham moved the City Council approve placing the
Dynegy Funds into the General Accumulation Fund, and transfer needed
amounts of that money to the General Fund at the end of each fiscal year.
The motion was seconded by Councilmember Smukler and carried with
Councilmember Borchard and Councilmember Winholtz voting no. (3-2)
D4 REVIEW OF PERMIT FEE FOR WATERFRONT PROJECTS; (PUBLIC
SERVICES)
Public Services Director Bruce Ambo stated in October 2007, the City Council asked to
have a discussion on permit fees for waterfront projects. The subject fee is applied to all
projects in the Planned Development Zone, and the "permit fee for waterfront projects" is
200% of the fee for a Conditional Use Permit. The fee for a Conditional Use Permit for
new construction is $3,620, which means that waterfront fee portion would be $7,240, for
a total of $10,860. This fee does not include any environmental documentation fees or
variance fees, which may add to this cost. Mr. Ambo recommended the City Council
provide further direction to staff on the permit fee on waterfront projects.
MOTION: Councilmember Smukler moved the City Council direct staff to track
current and future projects with an analysis of time spent and return to
Council for discussion on the appropriate level of fees. The motion was
seconded by Councilmember Winholtz and carried unanimously. (5-0)
D-5 REVIEW OF CHANGES TO CHAPTER 10 OF THE MORRO BAY
MUNICIPAL CODE - VEHICLES AND TRAFFIC; (CITY ATTORNEY)
City Attorney Robert Schultz stated Chapter .10 of the Morro Bay Municipal Code
provides for regulations for the placement and enforcement of Traffic Control Devices
within the City of Morro Bay. Certain parts of the current Chapter 10 date back to 1964
and therefore are outdated, cumbersome and unenforceable. Mr. Schultz recommended
the City Council review the proposed amendments and direct staff to return with an
Ordinance for first reading and introduction.
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MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — JANUARY 12, 2009
The City Council requested this item return to a future meeting addressing their
questions.
No further action was taken on this item.
D-6 DISCUSSION ON REVENUE BALLOT MEASURES INCLUDING A PUBLIC
UTILITIES USER TAX, TRANSIENT OCCUPANCY TAX AND 911 FEE;
(CITY ATTORNEY)
City Attorney Robert Schultz stated the City of Morro Bay is in a difficult financial
position, and is unable to continue with status quo operations. Many tough budgetary
choices have already been made and yet the financial picture continues to grow bleaker.
The City Council must decide. whether there is a collective interest in placing a measure
on a ballot to generate revenue sufficient to sustain the costs of delivering the current set
of City services. For any revenue -generating measure to have a chance of succeeding, the
services, goals and outcome must be clear, the Council must be united in its support, and
an organized constituency and campaign is needed to move the initiative forward. If
Council should elect to go forward with a revenue -generating ballot measure, staff will
also need direction on which possible revenue measure(s) the Council would like to
pursue. Mr. Schultz recommended the City Council direct staff to begin preparing a draft
Emergency Communications (or 911) Tax Ordinance, a Utility User Tax Ordinance, and
a Transient Occupancy Tax Ordinance, and to bring back the draft Ordinances for
consideration at a City workshop.
Councilmember Grantham expressed support for drafting these ordinances, placing them
on the ballot and obtaining revenue for the City.
Councilmember Winholtz stated she is willing to consider the Transient Occupancy Tax
along with the proposed Business Improvement District before the City Attorney starts
working on draft documents.
Councilmember Smukler stated this is a tough time to raise taxes in the community, and
the City should focus on the community and consider internal expenses. He said he has
strong hesitation on drafting an Emergency Communication Tax and Utility User Tax.
Councilmember Borchard stated she does not support drafting an Emergency
Communication Tax and Utility User Tax. She said she could support considering the
Transient Occupancy Tax and the proposed Business Improvement District.
Mayor Peters stated she supports directing the City Attorney to draft these ordinances in
order to be prepared for upcoming elections. She said the City needs to act on increasing
® revenues now or it will be too late.
MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — JANUARY 12, 2009
MOTION: Councilmember Grantham moved the City Council direct staff to begin
preparing a draft Emergency Communications (or 911) Tax Ordinance, a
Utility User Tax Ordinance, and a Transient Occupancy Tax Ordinance,
and to bring back the draft Ordinances for consideration at a City
workshop. The motion was seconded by Mayor Peters and failed with
Councilmember Borchard, Councilmember Smukler and Councilmember
Winholtz voting no. (2-3)
MOTION: Councilmember Winholtz moved the City Council direct staff to begin
preparing a draft Transient Occupancy Tax Ordinance that can be
balanced with the Business Improvement District. The motion was
seconded by Councilmember Borchard and carried unanimously. (5-0)
MOTION: Councilmember Winholtz moved the City Council continue discussion on
the Emergency Communication Tax and Utility User Tax within the next
two months. The motion was seconded by Councilmember Smukler and
carried unanimously. (5-0)
0 E. DECLARATION OF FUTURE AGENDA ITEMS
Councilmember Smukler requested to agendize a discussion on development of a green
building/low impact development incentive program with a potential tiered permit
process; Council concurred.
Mayor Peters requested to agendize a discussion on a regional transit organization that
would include County districts and Morro Bay; Councilmember Borchard and
Councilmember Smukler concurred.
Councilmember Borchard requested to agendize a discussion on the term of Mayor from
a two year to four-year term; Mayor Peters concurred.
ADJOURNMENT
The meeting adjourned at 10:00 p.m.
Recorded by:
Andrea Lueker
City Manager
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