HomeMy WebLinkAboutCC_2014-12-09_Closed Session MinutesMINUTES – MORRO BAY CITY COUNCIL
SPECIAL CLOSED SESSION MEETING –
DECEMBER 9, 2014
CITY HALL CONFERENCE ROOM – 5:00 P.M.
PRESENT: Jamie Irons Mayor
Christine Johnson Councilmember
John Headding Councilmember
Matt Makowetski Councilmember
Noah Smukler Councilmember
STAFF: David Buckingham City Manager
Joe Pannone City Attorney
Eric Endersby Harbor Director
ESTABLISH QUORUM AND CALL TO ORDER
Mayor Irons called the meeting to order at 4:00pm.
SUMMARY OF CLOSED SESSION ITEMS - The Mayor read a summary of Closed Session
items.
CLOSED SESSION PUBLIC COMMENTS - Mayor Irons opened the meeting for public
comments for items only on the agenda.
Nancy Bast read a letter urging the Council to direct the City Attorney to withdraw the City’s
Objection to the Tentative Statement of Decision. It is her feeling that the community is
supportive of that action.
Nicole Dorfman read a letter respectfully requesting the Council instruct the City Attorney to file
with the Court a withdrawal of the City of Morro Bay’s Objections to Proposed Statement of
Decision. The court’s decision in question states that an EIR would need to be conducted prior
to development per CEQA requirements.
Dorothy Cutter requested Council uphold Judge Crawford’s decision to require an EIR.
Nick Franco, District Superintendent of California State Parks supports working with/continuing
the relationship/partnership with the City. He feels that would be healthy for the community. He
hopes to work together in the RFP process. He would like to see the Marina and Café operate
separately. With an operating agreement, revenues can stay local whcih is preferable.
Bob Fowler spoke representing MMBS, LLC, who has an application in to renegotiate the terms
of their lease at 124-128/124W-128W. They have put in their first phase of docks at the cost of
$400,000. They are getting ready to start phase #2 and are looking to finance that at
approximately $400,000. They are requesting two fifteen year extensions, the first for phase #2
and the other for landside improvements. The extra time on their lease will help them with their
ability to acquire financing.
AGENDA NO: A-3 MEETING DATE: 1/13/2015
2
MINUTES - MORRO BAY CITY COUNCIL SPECIAL CLOSED SESSION – DECEMBER 9, 2014
The public comment period was closed.
The City Council moved to Closed Session and heard the following items:
CS-1 GOVERNMENT CODE SECTION 54956.8 - CONFERENCE WITH REAL
PROPERTY NEGOTIATOR:
• Property: Lease Site 105.1W-105.2W, Degarimore’s Central Coast Marine Fuel and Ice,
1099 Embarcadero
Agency Negotiators: Joseph W. Pannone, City Attorney and Eric Endersby,
Harbor Director
Property Negotiators: Michael and Orietta Degarimore
Under Negotiation: Lease Negotiations, Price and Terms of Payment
• Property: Lease Site 124-128/124W-128W, Morro Bay Landing, 1215 Embarcadero
Agency Negotiators: Joseph W. Pannone, City Attorney and Eric Endersby,
Harbor Director
Property Negotiators: MMBS, Inc/Robert Fowler
Under Negotiation: Lease Negotiations, Price and Terms of Payment
• Property: Morro Bay State Park Marina
Agency Negotiators: Joseph W. Pannone, City Attorney and Eric Endersby,
Harbor Director
Property Negotiators: California Department of Parks and Recreation
Under Negotiation: State Park Marina Operating Agreement, Terms of
Agreement
CS-2 CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION
• Initiation of litigation pursuant to paragraph (4) of subdivision (d) of
Section 54956.9.: 1 Matter
CS-3 CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
• Paragraph (1) of subdivision (d) of Section 54956.9
Name of Case: Save the Park et al v. City of Morro Bay with Real Party in
Interest Daniel Reddell et al., CV 120085
The City Council recessed the Closed Session to the conclusion of the regular City Council
meeting. The City Council reconvened to Open Session.
ADJOURNMENT
The Closed Session was reconvened and adjourned at 11.45p.m; Council adjourned with no
further action.
Recorded by:
Jamie Boucher
City Clerk