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Home My WebLink AboutCC_2021-09-14 Regular Meeting MinutesMINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - SEPTEMBER 14, 2021 TELECONFERENCE - 5:30 P.M. AGENDA NO: A-2 MEETING DATE: October 12, 2021 City Council conducted this meeting in accordance with California Governor Newson's Executive Order N-08-21 issued on June 11, 2021 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: S TAFF: John Headding Dawn Addis Laurel Barton Jeff Heller Vacant N one S cott Collins Chris Neumeyer Dana Swanson S arah Johnson -Rios S cot Graham Daniel McCrain Jody Cox Eric Endersby Rob Livick Aaron Miller Will Marvos Mayor Council Member Council Member Council Member Council Member City Manager City Attorney City Clerk Assistant City Manager/Admin Services Dir. Community Development Director Fire Chief Police Chief Harbor Director City Engineer Police Officer Police Detective ESTABLISH QUORUM AND CALL TO ORDER Mayor Headding called the meeting to order at 5:36 p.m., with all but Council Member Barton present. Council Member Barton joined the meeting at 5:42 p.m. MOMENT OF SILENCE P LEDGE 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/uh8UdfW0n08?t-196 CITY MANAGER REPORTS, ANNOUNCEMENTS AND PRESENTATIONS https://youtu.be/uh8UdfVVOn08?t-736 P RESENTATIONS https://youtu.be/uh8UdfVVOn08?t=870 • SLOCOG/Rideshare presentation regarding their 2021 Fall Campaign "Commute with Confidence" by Peter Williamson • Lighthouse Century Cycling Event presented by Mary Ann Gustafson PUBLIC COMMENT https://youtu.be/uh8UdNVOn08?t-1446 Erica Crawford, Morro Bay Chamber of Commerce, announced the Chamber would be partnering with Cal Poly to distribute free masks to all businesses in the Estero Bay region for their employees. Dan Sedley, Morro Bay, asked what the current cost of the Water Reclamation Facility was, what is it projected to be and how many change orders were in the works. Mayor Headding closed public comment. The Council and staff responded to issues raised during public comment. A. CONSENT AGENDA https://youtu. be/uh8UdfWOn08?t=1813 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 JUNE 22, 2021, CITY COUNCIL SPECIAL MEETING; (ADMINISTRATION) RECOMMENDATION: Approve as submitted. A-2 APPROVAL OF MINUTES FOR THE JUNE 22, 2021, CITY COUNCIL MEETING; (ADMINISTRATION) RECOMMENDATION: Approve as submitted. A-3 APPROVAL OF MINUTES FOR THE AUGUST 25, 2021, CITY COUNCIL SPECIAL CLOSED SESSION MEETING; (ADMINISTRATION) RECOMMENDATION: Approve as submitted. A-4 UPDATE ON CITY PARTNERSHIP AGREEMENTS; (CITY MANAGER) RECOMMENDATION: City Council receive update on existing City partnership agreements. A-5 AUTHORIZATION TO ADD ONE FULL-TIME EQUIVALENT SENIOR CIVIL ENGINEER POSITION IN THE PUBLIC WORKS DEPARTMENT; (PUBLIC WORKS DEPARTMENT) RECOMMENDATION: Staff recommends the City Council take the following action: 1. Authorize the City Manager to increase the Public Works Department by one Full - Time Equivalent (FTE) for a Senior Civil Engineer position. A-6 ADOPTION OF RESOLUTION NO 60-21 APPROVING A LEASE AMENDMENT 1 EXTENDING FOR 3 YEARS THE LEASE AGREEMENT WITH ROCK HARBOR MARKETING FOR PROPERTY LOCATED AT 781 MARKET STREET; (COMMUNITY DEVELOPMENT DEPARTMENT) RECOMMENDATION: Staff recommends the Council adopt Resolution No. 60-21, approving Amendment 1 of the Rock Harbor Marketing lease, subject to city attorney approval, extending the lease for 3 years for the City owned property located at 781 Market Avenue (APN: 066-321-027). 2 MINUTES - MORRO BAY CITY COUNCIL MEETING -- SEPTEMBER 14, 2021 A-7 PROCLAMATION DECLARING "SEPTEMBER 19-25, 2021 AS THE 19TH ANNUAL SEA OTTER AWARENESS WEEK"; (ADMINISTRATION) RECOMMENDATION: Approved as submitted 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 Barton and carried 4-0 by roll call vote. B PUBLIC HEARINGS B-1 CONDUCT A PUBLIC HEARING ON DISESTABLISHMENT OF THE PREVIOUS MORRO BAY TOURISM BUSINESS IMPROVEMENT DISTRICT FORMED IN 2009 PURSUANT TO THE PARKING AND BUSINESS IMPROVEMENT AREA LAW OF 1989; AND, INTRODUCE FOR FIRST READING BY TITLE ONLY WITH FURTHER READING WAIVED, ORDINANCE NO 643, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, CALIFORNIA RESCINDING MORRO BAY MUNICIPAL CODE CHAPTER 3.60 AND DISESTABLISHING THE OLD MORRO BAY TOURISM BUSINESS IMPROVEMENT DISTRICT FORMED IN 2009; (CITY MANAGER) https://youtu.be/uh8UdfVVOn08?t=1897 City Manager Collins provided the report. Mayor Headding opened the Public Hearing. Mayor Headding opened Public Comment. Dan Sedley, Morro Bay, asked if the new ad hoc committee would have the same representation and be able to adequately discuss how TBID monies are assessed and spent. He also inquired as to the potential use of TBID funds for infrastructure projects. Staff responded to questions raised during public comment. The Public Hearing was closed. MOTION: Council Member Addis moved forward with the disestablishment of the previous Morro Bay Tourism Improvement District and Introduce for First Reading by Title Only with Further Reading Waived, Ordinance No. 643, An Ordinance of the City Council of the City of Morro Bay, California Rescinding Morro- Bay Municipal Code Chapter 3.60 and Disestablishing the Old Morro Bay Tourism Business Improvement District formed in 2009. The motion was seconded by Council Member Heller and carried 4-0 by roll call vote. C BUSINESS ITEMS C-1 DISCUSSION AND DIRECTION REGARDING 2022 SPECIAL ELECTION TO FILL A VACANT CITY COUNCIL SEAT AND APPOINTMENT TO TEMPORARILY FILL THE COUNCIL VACANCY UNTIL THE RESULTS OF THE 2022 SPECIAL ELECTION ARE CERTIFIED; (CITY MANAGER/CITY CLERK/HUMAN RESOURCES MANAGER) https://youtu.be/uh8UdfVVOn08?t=2504 3 MINUTES - MORRO BAY CITY COUNCIL MEETING - SEPTEMBER 14, 2021 City Clerk Swanson provided the report and responded to Council inquires. The public comment period for Item C-1 was opened; seeing none, the public comment period for Item C-1 was closed. MOTION: Council Member Addis moved to direct staff to return with the necessary resolutions to call a Special Municipal Election to be held on Tuesday, June 7, 2022, for the election of a Council Member for the remainder of a term ending December 2024 and for the request the County Board of Supervisors consolidate the special municipal election with the statewide primary election to be held on the same date. The motion was seconded by Council Member Heller and carried 4-0 by roll call vote. The Council conducted interviews to temporarily fill the Council vacancy. https://youtu.be/uh8UdfVVOn08?t-3124 Mayor Headding reopened public comment for Item C-1. Dan Sedley, Morro Bay, asked if the public would have an opportunity to ask questions. Mayor Headding responded to questions raised during public comment. The public comment period was closed. MOTION: Council Member Addis moved to appoint Jen Ford to fill the existing vacant Council seat until the results of the Special Election are certified by the San Luis Obispo County Clerk Recorder's Office. The motion was seconded by Mayor Headding and carried 3-1 by roll call vote with Council Member Heller opposed. City Clerk Swanson administered the Oath of Office to newly appointed Council Member Ford. https://youtu. be/uh8UdfWOn08?t=5796 Council Member Ford was welcomed to the dais. C-2 LOCAL FIREARM SAFETY AND REGULATION: COMMUNITY EDUCATION ON FIREARM SAFETY AND GUN VIOLENCE RESTRAINING ORDERS; INTRODUCE FOR FIRST READING BY TITLE ONLY WITH FURTHER READING WAIVED, ORDINANCE NO 644, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, CALIFORNIA, ADDING CHAPTER 9.36 (SAFE STORAGE OF FIREARMS) TO TITLE 9 (HEALTH AND SAFETY) OF THE MORRO BAY MUNICIPAL CODE, TO REQUIRE SAFE STORAGE OF FIREARMS LOCATED IN A RESIDENCE; FIREARM "BUY-BACK" PROGRAM; SUPPLEMENTAL MBPD OFFICER MASS/ACTIVE SHOOTER TRAINING; AND, LEGISLATIVE ADVOCACY LETTER FROM COUNCIL; (CITY ATTORNEY) https://youtu.be/uh8UdfVVOn08?t 5898 City Attorney Neumeyer provided the report and responded to Council inquires. The public comment period for Item C-2 was opened. Linda Winters, Morro Bay, appreciated the presentation on firearm safety and spoke of the importance of public education. 4 MINUTES - MORRO BAY CITY COUNCIL MEETING - SEPTEMBER 14, 2021 Dan Sedley Morro Bay, appreciated the presentation and agreed education and training are most important. He was not in favor of the remaining items. The public comment period for Item C-2 was closed. MOTION: Council Member Addis moved to approve two annual in person Morro Bay Police Department ("MBPD") firearm safety trainings at the Community Center; as well as training to be held at Morro Bay High School for teachers and staff and potentially also students; as well as in -person training, educational meetings on "Active Shooter Response" and other topics; as well as the 74-minute educational series of videos that can be broken out into their vignettes. The motion was seconded by Mayor Headding. Mayor Headding requested a friendly amendment to establish a cost not to exceed $40,000 for the Firearms Educational Series. Council Member Addis agreed to amend the motion as requested. Following discussion, the motion and second were withdrawn. MOTION: Council Member Addis moved to approve two annual in -person MBPD firearm safety trainings at the Community Center and training to be held at Morro Bay High School for teachers and staff and potentially also students* and in -person training, educational meetings on 'Active Shooter Response' and other topics; and to direct staff to come back with more detail regarding a Firearms Educational Series at a later date. The motion was seconded by Mayor Headding for discussion. Following discussion, the Council requested staff perform a cost vs. benefit analysis of each component and bring that information back to Council for further consideration. The motion carried 4-1 by roll call vote with Council Member Heller opposed. MOTION: Council Member Addis moved to introduce for first reading by title only with further reading waived, Ordinance No. 644, An Ordinance of the City Council of the City of Morro Bay, California Adding Chapter 9.36 (Safe Storage of Firearms) to Title 9 (Health and Safety) of the Morro Bay Municipal Code, to Require Safe Storage of Firearms Located in a Residence. The motion was seconded by Mayor Headding for discussion. Following discussion, the motion carried 4-1 by roll call vote with Council Member Heller opposed. MOTION: Council Member Addis moved to approve supplemental MBPD Officer mass/active shooter training including& a) POST Certified Mass/Active Shooter Response training (16 officers); and b) 1 hour of overtime monthly for off duty firearms training (16 officers); and c) supplemental ammunition for MBPD mass/active shooter incident training. The motion was seconded by Council Member Ford for discussion. Following discussion, the motion carried 5-0 by roll call vote. MOTION: Council Member Addis moved the Council authorize a letter from Council to elected federal officials supporting all of following proposals from President Biden: a) close loopholes in the federal gun background check system; and b) ban assault weapons and high -capacity magazines; and c) repeal gun manufacturers immunity from civil liability, and d) invest in evidence -based community violence interventions; and national gun violence restraining order legislation ("red flag" laws) and incentivize states 5 MINUTES - MORRO BAY CITY COUNCIL MEETING - SEPTEMBER 14, 2021 to pass "red flag" laws of their own. The motion was seconded by Council Member Barton for discussion. Following discussion, the motion carried 5-0 by roll call vote. MOTION: Mayor Headding moved the Council direct staff to return at mid -year with budget increases necessary to implement. The motion was seconded by Council Member Addis and carried 5-0 by roll call vote. MOTION: Council Member Addis moved the meeting go past 9:30 p.m. The motion was seconded by Council Member Heller and carried 5-0 by roll call vote. C-3 STATUS UPDATE ON CITY EFFORTS TO IMPROVE THE DEVELOPMENT REVIEW PROCESS; (COMMUNITY DEVELOPMENT DEPARTMENT) https://youtu.be/uh8UdfWOn08?t=13753 Community Development Director Graham provided the report and responded to Council inquires. The public comment period for Item C-3 was opened. Erica Crawford, Morro Bay Chamber of Commerce, thanked Mr. Graham for his leadership and commitment to this process. The public comment period for Item C-3 was closed. The Council did not take any formal action on this item. D COUNCIL DECLARATION OF FUTURE AGENDA ITEMS None E ADJOURNMENT The meeting adjourned at 9:45 p.m. Recorded by: Cv•S/ ana Swanson City Clerk 6 MINUTES - MORRO BAY CITY COUNCIL MEETING - SEPTEMBER 14, 2021