HomeMy WebLinkAboutCC_2021-05-11 Regular Meeting MinutesMINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — MAY 11, 2021
TELECONFERENCE — 5:30 P.M.
AGENDA N O : A-1
MEETING DATE: June 8, 2021
City Council conducted this meeting in accordance with Section 3 of California Governor
Newson's Executive Order N-29-20 issued on March 17, 2020 in response to the present State
of Emergency in existence due to the threat of COVID-19. This meeting was held via
teleconference for all participants.
PRESENT:
ABSENT:
STAFF:
John Headding
Dawn Addis
Laurel Barton
Robert Davis
Jeff Heller
N one
S cott Collins
Chris Neumeyer
Dana Swanson
Katie Lichtig
Greg Kwolek
Joe Mueller
S cot Graham
S teve Knuckles
Jody Cox
Eric Endersby
Cindy Jacinth
Matt Vierra
Mayor
Council Member
Council Member
Council Member
Council Member
City Manager
City Attorney
City Clerk
Interim Finance Director
Public Works Director
Utilities Division Manager
Community Development Director
Fire Chief
Police Chief
Harbor Director
Senior Planner
Fire Marshal
ESTABLISH QUORUM AND CALL TO ORDER
https://youtu.be/oEu vUFg4Y8?t=22
Mayor Headding called the meeting to order at 5:30 p.m. with all members present.
MOMENT OF SILENCE
PLEDGE OF ALLEGIANCE
RECOGNITION — None
CLOSED SESSION REPORT — City Attorney Neumeyer stated no reportable action was taken
by the City Council in accordance with the Brown Act.
MAYOR & COUNCILMEMBERS' REPORTS, ANNOUNCEMENTS & PRESENTATIONS
https://youtu.be/oEu vUFg4Y8?t=303
CITY MANAGER REPORTS, ANNOUNCEMENTS AND PRESENTATIONS
https://youtu.be/oEu vUFg4Y8?t=865
PRESENTATIONS
https://youtu.be/oEu vUFg4Y8?t=1523
• "Bike There" Presentation by Peter Williamson from San Luis Obispo Council of
Governments
• Air Quality Monitoring Presentation by Richard Sadowski
PUBLIC COMMENT
https://youtu.be/OEu vUFg4Y8?t=2764
Joe Benson, President of the San Luis Obispo County Bar Association, announced a traveling
Library of Congress exhibit commemorating the 100th anniversary of the 19th amendment is on
display until September 18, 2021, at the San Luis Obispo Public Library, 995 Palm Street.
Jeremiah O'Brien, Morro Bay, asked for confirmation regarding the communication received from
the Morro Bay Commercial Fishermen's Organization would be discussed at this meeting.
Glenn Silloway, co-chair of Morro Bay Open Space Alliance, shared the conservation easement
binding future owners to maintain Eagle Rock as open space had been recorded, and thanked
the many volunteers who made it possible.
Betty Winholtz, Morro Bay, asked when the Morro Bay Public Facilities Corporation would hold
its next meeting, at what point increased WRF project costs would impact rates, and clarification
on whether a company or a person was hired to manage the WRF project.
Mayor Headding closed public comment.
The Council and staff responded to issues raised during public comment.
A. CONSENT AGENDA
https://youtu.be/OEu vUFg4Y8?t=3428
Unless an item is pulled for separate action by the City Council, the following actions are approved
without discussion. The public will also be provided an opportunity to comment on consent
agenda items.
A-1 APPROVAL OF MINUTES FOR THE MARCH 23, 2021 CITY COUNCIL MEETING;
(ADMINISTRATION)
RECOMMENDATION: Approve as submitted.
A-2 APPROVAL OF MINUTES FOR THE APRIL 28, 2021 CITY COUNCIL SPECIAL
CLOSED SESSION MEETING; (ADMINISTRATION)
RECOMMENDATION: Approve as submitted.
A-3 ADOPTION OF RESOLUTION NO. 21-21 APPROVING THE MORRO BAY MUNICIPAL
CODE TITLE 5 FISCAL YEAR 2021/22 BUSINESS TAX SCHEDULE CONSISTENT
WITH CPI INCREASE AND DIRECTION TO IMPLEMENT ON JULY 1, 2021; (FINANCE
DEPARTMENT)
RECOMMENDATION: Staff recommends the Council review the Business Tax
schedule and adopt Resolution No. 21-21, setting the Fiscal Year (FY) 2021/22
Business Tax Schedule consistent with CPI increase and directing staff to
implement the new rates beginning on July 1, 2021 for all renewals and new
applications for business tax certificates.
Mayor Headding opened the public comment for the Consent Agenda; seeing none, the public
comment period was closed.
MOTION: Council Member Addis moved approval of all items on the Consent Agenda. The
motion was seconded by Council Member Heller and carried 5-0 by roll call vote.
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MINUTES - MORRO BAY CITY COUNCIL MEETING - MAY 11, 2021
B PUBLIC HEARINGS
B-1 CONTINUED PUBLIC HEARING FOR CONSIDERATION OF PLAN MORRO BAY:
GENERAL PLAN / LOCAL COASTAL PROGRAM UPDATE AND THE FINAL
ENVIRONMENTAL IMPACT REPORT AND RELATED DOCUMENTS AND TO
PROVIDE DIRECTION, AS DEEMED APPROPRIATE; (COMMUNITY DEVELOPMENT)
https://youtu.be/OEu vUFq4Y8?t=3508
Community Development Director Graham, Senior Planner Jacinth, Chris Bersbach from
Rincon Consultants, and Amy Sinsheimer from PlaceWorks Inc., presented the report and
responded to Council inquiries.
The Council provided individual comments and directed staff to evaluate the following
potential revisions:
• Add Class IV separated bikeways to the Circulation Element
• Add Enhanced Infrastructure Financing Districts (EIFD's) as an alternative method
of financing future circulation improvements
• Update Conservation Element C-4.1 to eliminate the 2020 date reference.
• Revise Conservation Element IA C-7 to include reference to SB 1383.
• Explore the possibility of removing reference to the 25% allocation of waterfront
hotel units as low-cost visitor accommodations.
• Revise Open Space Element to reflect MBOSA payment to City and recording of
conservation easement for Cerrito Peak.
• Revise Rincon EIR revision letter or land use at 3300 Panorama to reflect correct
lot size and land use designation of Moderate Density Residential.
Mayor Headding opened the Public Hearing and Public Comment.
Lorrin French, Morro Bay, commented on the Circulation Element, noting this was an
opportunity to enhance access and economic development in north Morro Bay.
Betty Winholtz, Morro Bay, raised a number of questions, expressed concern regarding
Circulation Element policies she deemed not representative of Morro Bay, as well as
reduced ESHA setbacks and buffers. She asked that questions raised in agenda
correspondence be considered prior to the next meeting.
Cathy Novak, Morro Bay, represented the Embarcadero Master Leaseholders, offering
potential solutions that would address the group's concerns regarding Policies PS 3.1,
3.2, 3.3, 3.5, 3.6 and 3.7 regarding shoreline protected devices and asked a sentence be
added to clarify this policy does not apply to the Embarcadero from Tidelands Park to
Target Rock. She requested the same notation be made regarding Policy LU 8.13
requiring the issuance a Coastal Permit every 20 years.
Paul VanBeurden, owner of Dutchman Seafood House and President of Embarcadero
Master Leaseholders, requested Lateral Access Policies LU 7.1 and 7.3. be modified to
allow for amenities within the 10' lateral access and require a minimum of 6' unobstructed
walkway.
The Public Hearing was closed.
The Council did not take any formal action on this item.
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MINUTES - MORRO BAY CITY COUNCIL MEETING - MAY 11, 2021
B-2 ADOPTION OF RESOLUTION NO 22-21 APPROVING MAJOR AMENDMENT #MAJ19-
006 OF CONDITIONAL USE PERMIT NO UPO-260, LOCATED AT 571
EMBARCADERO, FOR THE CONVERSION OF 839SF OF EXISTING 2ND FLOOR
OFFICE SPACE TO ONE VACATION RENTAL UNIT WITH 988SF OF NEW DECK,
REPLACEMENT OF DOCKS AND GANGWAY, AND 207SF EXPANSION OF
HARBORWALK PUBLIC ACCESS PROJECT ALSO INCLUDES REQUEST FOR
MASTER SIGN PROGRAM APPROVAL AND RELATED BUILDING FACADE
IMPROVEMENTS. THIS PROJECT IS LOCATED IN THE COASTAL COMMISSION
ORIGINAL JURISDICTION, (COMMUNITY DEVELOPMENT)
https://youtu.be/OEu vUFq4Y8?t-8259
Senior Planner Jacinth provided the report and responded to Council inquires.
Mayor Headding opened the Public Hearing and Public Comment.
Cathy Novak, Morro Bay, spoke representing the project applicant, thanked the Planning
Commission for a favorable recommendation, provided a brief overview of the project and
noted the architect was also available to respond to Council questions.
The Public Hearing was closed.
MOTION: Council Member Heller moved to adopt Resolution No. 22-21, making the
necessary findings for approval of Major Amendment #MAJ 19-006 to
Conditional Use Permit (CUP) No. UPO-260 as Concept/Precise Plan
approval, located at 571 Embarcadero, including additional condition No.
19 of Attachment 1 of the resolution as recommend by staff. The motion
was seconded by Council Member Addis and carried 5-0 by roll call vote.
B-3 PUBLIC HEARING AND ADOPTION OF RESOLUTION NO 23-21, WHICH RESCINDS
RESOLUTION NO 96-20 AND ADOPTS THE FY 2021/22 MASTER FEE SCHEDULE;
(FINANCE DEPARTMENT)
https://youtu.be/OEu vUFg4Y8?t=9049
Interim Finance Director Lichtig provided the report and responded to Council inquires.
Mayor Headding opened the Public Hearing and Public Comment.
Jeremiah O'Brien, Morro Bay Commercial Fishermen's Organization, thanked staff for
working with them on the new schedule for commercial slip fees and looks forward to
working with the City on the new slip project. T
Betty Winholtz, Morro Bay, requested the Council go back to the Los Angeles CPI rather
than the Bay Area CPI.
The Public Hearing was closed.
MOTION: Council Member Davis moved to adopt Resolution No. 23-21 to update the City's
Master Fee Schedule for Fiscal Year 2021/22 The motion was seconded by Council
Member Heller and carried 5-0 by roll call vote.
C BUSINESS ITEMS
C-1 DISCUSSION OF THE USE OF FIREWORKS WITHIN THE CITY OF MORRO BAY;
(FIRE DEPARTMENT)
MINUTES - MORRO BAY CITY COUNCIL MEETING - MAY 11, 2021
https://youtu.be/oEu vUFq4Y8?t=10001
Fire Chief Knuckles and Fire Marshal Vierra provided the report and responded to Council
inquires.
The public comment period for Item C-1 was opened; seeing none, the public comment
period was closed.
The Council discussed by did not take any formal action on this item.
C-2 ADOPTION OF RESOLUTION NO. 24-21 APPROVING THE ENGINEER'S REPORT
AND DECLARING THE INTENT TO LEVY THE ANNUAL ASSESSMENT FOR THE
CLOISTERS LANDSCAPING AND LIGHTING MAINTENANCE ASSESSMENT
DISTRICT; (PUBLIC WORKS DEPARTMENT
https://youtu.be/0Eu vUFg4Y8?t=10595
City Engineer Livick provided the report and responded to Council inquires.
The public comment period for Item C-2 was opened.
Betty Winholtz, Morro Bay, commented the path that parallels the dunes is in very poor
condition and needs coating or re -sealing to prevent further deterioration.
The public comment period for Item C-2 was closed.
Staff responded to questions raised during public comment.
MOTION: Council Member Davis moved to adopt Resolution No. 24-21 declaring the
intent to levy the annual assessment for the maintenance of the Cloisters Park
and Open Space for fiscal year 2021/22 and approving the Engineer's Report.
The motion was seconded by Council Member Addis and carried 5-0 by roll
call vote.
C-3 ADOPTION OF RESOLUTION NO 25-21 APPROVING THE ENGINEER'S REPORT
AND DECLARING THE INTENT TO LEVY THE ANNUAL ASSESSMENT FOR THE
NORTH POINT NATURAL AREA LANDSCAPING AND LIGHTING MAINTENANCE
ASSESSMENT DISTRICT; (PUBLIC WORKS DEPARTMENT)
https://youtu be/OEu vUFg4Y8?t=11175
City Engineer Livick provided the report and responded to Council inquires.
The public comment period for Item C-3 was opened; seeing none, the public comment
period was closed.
MOTION: Council Member Davis moved to adopt Resolution No. 25-21 approving the
Engineer's Report and declaring the intent to levy the annual assessment for
maintenance of the North Point Natural Area Landscaping and lighting district.
The motion was seconded by Council Member Heller and carried 5-0 by roll call
vote.
D COUNCIL DECLARATION OF FUTURE AGENDA ITEMS
https://youtu.be/oEu vUFg4Y8?t=11539
Council Member Davis requested a staff report regarding the city's outlook for water
delivery and measures residents should consider to address drought and severe fire
conditions. Staff offered to incorporate relevant information in the upcoming Water Report.
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MINUTES - MORRO BAY CITY COUNCIL MEETING - MAY 11, 2021
E ADJOURNMENT
The meeting adjourned at 8:45 p.m.
Recorded by:
ana Swanson
City Clerk
MINUTES - MORRO BAY CITY COUNCIL MEETING - MAY 11, 2021