HomeMy WebLinkAboutCC_2021-11-09 Regular Meeting MinutesMINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING — NOVEMBER 9, 2021
TELECONFERENCE — 5:30 P.M.
AGENDA NO: A-2
MEETING DATE• January 11, 2022
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 CO VID-19. This meeting was held via teleconference for all
participants.
PRESENT:
John Headding Mayor
Dawn Addis Council Member
Laurel Barton Council Member
Jennifer Ford Council Member
Jeff Heller Council Member
ABSENT: None
STAFF:
S cott Collins
Chris Neumeyer
Dana Swanson
S arah Johnson -Rios
Greg Kwolek
S cot Graham
Daniel McCrain
Jody Cox
Eric Endersby
City Manager
City Attorney
City Clerk
Assistant City Manager/Adman Services Dir.
Public Works Director
Community Development Director
Fire Chief
Police Chief
Harbor Director
ESTABLISH QUORUM AND CALL TO ORDER
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/yDLOpHLhsCA?t=196
CITY MANAGER REPORTS, ANNOUNCEMENTS AND PRESENTATIONS
https://youtu.be/yDLOpHLhsCA?t=772
PRESENTATIONS
https://youtu.be/yDLOpHLhsCA?t=845
o Family Court Awareness Month Proclamation presented to Tina Swithin
PUBLIC COMMENT
https://youtu.be/yOLOpHLhsCA?t=1143
Betty Winholtz, Morro Bay, recognized former Council Member Melody DeMeritt who recently
passed for her leadership and love for the environment. She also inquired about recent tree
cutting at Bayshore Park.
Linda Winters, Morro Bay, invited residents to attend the community Thanksgiving Dinner.
Mayor Headding closed public comment.
The Council and staff responded to issues raised during public comment.
A. CONSENT AGENDA
https://voutu.be/yDLOpHLhsCA?t=1546
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 OCTOBER 12, 2021, CITY COUNCIL MEETING;
(ADMINISTRATION)
RECOMMENDATION: Approve as submitted.
A-2 APPROVAL OF MINUTES FOR THE OCTOBER 25, 2021, CITY COUNCIL SPECIAL
MEETING; (ADMINISTRATION)
RECOMMENDATION: Approve as submitted.
A-3 ADOPTION OF RESOLUTION NO. 77-21 APPROVING AMENDMENT NO. 3 TO THE
MORRO BAY TRANSIT AND TROLLEY OPERATIONS AND MANAGEMENT
AGREEMENT WITH MV TRANSPORTATION, INC.; (PUBLIC WORKS DEPARTMENT)
RECOMMENDATION: Staff recommends the City Council adopt Resolution No. 77-
21, approving Amendment No. 3 to the Morro Bay Transit and Trolly Operations
and Management Agreement with MV Transportation, Inc.
A-4 RESOLUTION MAKING FINDINGS RELATED TO THE CONTINUED EXISTENCE OF A
S TATE OF EMERGENCY DUE TO COVID-19 AND RE -AUTHORIZING FOR PUBLIC
HEALTH AND SAFETY THE CONDUCT OF PUBLIC MEETINGS OF THE LEGISLATIVE
BODIES OF THE CITY VIA REMOTE TELECONFERENCING FOR A CONTINUED 30-
DAY PERIOD PURSUANT TO THE RALPH M. BROWN ACT AS AMENDED BY
ASSEMBLY BILL NO. 361; (CITY ATTORNEY)
RECOMMENDATION: Staff recommends Council consider adoption of Resolution
N o. 78-21 reauthorizing for public health and safety the conduct of public
meetings of the legislative bodies of the City via remote teleconferencing.
A-5 UPDATE ON THE DEPARTMENT OF TOXIC SUBSTANCES CONTROL DRAFT
REVISED STATEMENT OF BASIS DOCUMENT FOR THE MORRO BAY POWER
PLANT AND COUNCIL AUTHORIZATION OF LETTER FROM MAYOR CONCURRING
WITH PROPOSED REVISED REMEDY; (CITY MANAGER/COMMUNITY
DEVELOPMENT DEPARTMENT)
RECOMMENDATION: Staff recommends the City Council receive the report from
staff and authorize the Mayor to sign a letter concurring with the Proposed Revised
Remedy identified in the Draft Revised Statement of Basis for the Morro Bay Power
P lant as noted below and further described in Attachments 1 and 2 to the staff
report.
A-6 APPROVAL OF FISCAL YEAR 2020-21 YEAR-END BUDGET ADJUSTMENTS, PART 2
OF 2; (ADMINISTRATIVE SERVICES DEPARTMENT)
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MINUTES - MORRO BAY CITY COUNCIL MEETING -- NOVEMBER 9, 2021
RECOMMENDATION: Staff recommends that the City Council adopt Resolution
N o. 74-21 approving Fiscal Year (FY) 2020-21 Year -End Budget Adjustments, Part
2 of 2.
A-7 AUTHORIZATION FOR MAYOR TO SEND LETTER TO SAN LUIS OBISPO BOARD OF
SUPERVISORS (BOARD) REGARDING PROPOSED REDISTRICTING OF BOARD OF
S UPERVISORS DISTRICT 2 ; (CITY MANAGER)
RECOMMENDATION: City Council authorize the Mayor to send a letter on behalf of
the City Council to the Board recommending it maintain existing Supervisorial
boundaries.
A-8 AGREEMENT WITH VISIT MORRO BAY FOR TOURISM BUSINESS IMPROVEMENT
DISTRICT CONTRACTOR SERVICES, AND LEASE AGREEMENT FOR 695 HARBOR
S TREET, SUITES C AND G; (CITY MANAGER)
RECOMMENDATION: The City Council approves agreement with Visit Morro Bay for
Tourism Business Improvement District contractor services, and Lease Agreement
for 695 Harbor Street, Suites C and G, subject to approval as to form by City
Attorney.
A-9 PROCLAMATION DECLARING NOVEMBER 2021 AS "NATIONAL HOSPICE AND
PALLIATIVE CARE MONTH"; (ADMINISTRATION)
RECOMMENDATION: Approved as submitted
A-10 PROCLAMATION RECOGNIZING NOVEMBER AS "FAMILY COURT AWARENESS
MONTH"; (ADMINISTRATION)
RECOMMENDATION: Approved as submitted
Mayor Headding opened public comment for the Consent Agenda.
Don Maruska commented on Item A-7 noting the importance of retaining our coastal community
of interest and that redistricting maps not be used to serve political interests. He requested
clarification regarding action being taken on Item A-5.
The public comment period was closed.
Council Member Heller pulled Item A-5.
MOTION: Council Member Addis moved approval of all items on the Consent Agenda except
A-5. The motion was seconded by Mayor Headding and carried 5-0 by roll call
vote.
A-5 UPDATE ON THE DEPARTMENT OF TOXIC SUBSTANCES CONTROL DRAFT
REVISED STATEMENT OF BASIS DOCUMENT FOR THE MORRO BAY POWER
PLANT AND COUNCIL AUTHORIZATION OF LETTER FROM MAYOR CONCURRING
WITH PROPOSED REVISED REMEDY; (CITY MANAGER/COMMUNITY
DEVELOPMENT DEPARTMENT)
https://youtu.be/yDLOpHLhsCA?t=1877
Council Member Heller suggested having the Mayor submit a letter concurring with the
revised remedy may not be appropriate given the public comment period would be open
until December 9th.
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MINUTES - MORRO BAY CITY COUNCIL MEETING - NOVEMBER 9, 2021
MOTION: Mayor Headding moved approval of Item A-5. The motion was seconded by
Council Member Addis and carried 4-1 by roll call vote with Council Member
Heller opposed.
B PUBLIC HEARINGS
B-1
APPEAL OF PLANNING COMMISSION APPROVAL ON SEPTEMBER 7, 2021 OF THE
COASTAL DEVELOPMENT PERMIT #CDP21-019 AND CONDITIONAL USE PERMIT
#CUP21-05 FOR CONSTRUCTION OF A NEW 6-UNIT 5,042 SQUARE FOOT (SF)
BLUFFTOP HOTEL AT 205 HARBOR STREET IN THE C-VS/PD ZONING DISTRICT.
THIS PROPERTY IS ALSO LOCATED IN THE COASTAL APPEALS JURISDICTION.
(APPELLANT' BETTY WINHOLTZ); (COMMUNITY DEVELOPMENT DEPARTMENT)
https://youtu.be/yDLOpHLhsCA?t=2025
Senior Planner Jacinth provided the report and responded to Council inquiries.
Council Member Addis disclosed an ex parte meeting with Cathy Novak to walk the site.
Mayor Headding opened the Public Hearing.
Betty Winholtz, Appellant, responded to the staff presentation and restated points of
concern submitted in her appeal.
Cathy Novak, Applicant Agent, requested the Council deny the appeal and approve the
project as submitted.
Mayor Headding opened Public Comment; seeing none, the public comment period was
closed.
The Public Hearing was closed.
Council Member Ford announced she was a member of the Planning Commission that
approved the project. City Attorney Neumeyer recommended out of an abundance. of
caution she not participate in the appeal hearing. Council Member Ford recused herself
from the item and left the zoom meeting at 6:35 p.m.
MOTION: Mayor Headding moved to adopt Resolution No. 75-21, making the necessary
findings to deny the appeal and uphold the Planning Commission (PC) approval
of Coastal Development Permit #CDP21-019 and Conditional Use Permit
#CUP2-05, for the site at 205 Harbor Street to allow construction of a new 6-
room 5,042sf hotel on a .40 acre lot including the merger of six underlying lots
located on Harbor Street between Market and Front Streets and removal of
major vegetation and seven on -site parking spaces. The motion was seconded
by Council Member Barton for discussion.
Following comments, the motion carried 4-0-1 by roll call vote with Council Member Ford
having abstained.
Council Member Ford rejoined the meeting at 6:40 p.m.
B-2 ADOPTION OF RESOLUTION NO. 76-21 APPROVING MAJOR AMENDMENT #MAJ20-
004 LOCATED AT 715 EMBARCADERO, FOR THE CONVERSION OF COMMERCIAL
FISHING WHARF TO HARBORWALK COASTAL PUBLIC ACCESS, CONVERSION OF
EXISTING INTERIOR 470-SQUARE FOOT (SF) FISH PROCESSING AREA TO NEW
RETAIL SPACE, REMOVAL OF A 580-SF OUTDOOR COVERED PATIO AND
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MINUTES - MORRO BAY CITY COUNCIL MEETING - NOVEMBER 9, 2021
CONVERSION OF THE AREA TO NEW HARBORWALK REPAIR OF 3 EXISTING
PILINGS TO REMAIN FOR SUPPORT OF THE NEW HARBORWALK. THE PROJECT
ALSO PROPOSES A NEW 461-SF STREET -FACING PUBLIC OUTDOOR DINING AND
RELATED COMMERCIAL FACADE IMPROVEMENTS. THE PROJECT IS LOCATED IN
THE WF/PD/S.4 ZONING DISTRICT AND IS WITHIN THE COASTAL COMMISSION
ORIGINAL JURISDICTION; (COMMUNITY DEVELOPMENT DEPARTMENT)
https://youtu.be/yDLOpHLhsCA?t=4081
Senior Planner Jacinth provided the report and responded to Council inquiries.
Mayor Headding opened the Public Hearing.
Cathy Novak, Applicant Agent, requested the Council approve the project as submitted
noting the applicants have 12 years remaining on their lease and are willing to move
forward with this project several years before entering into a new lease that would require
it be done.
Mayor Headding opened Public Comment; seeing none, the public comment period was
closed.
The Public Hearing was closed.
MOTION: Council Member Heller moved to adopt Resolution No. 76-21, making the
necessary findings for approval of Major Amendment #MAJ20-004 as
Concept/Precise Plan approval, located at 715 Embarcadero. The motion was
seconded by Council Member Addis.
Council Member Addis disclosed an ex parte meeting with Cathy Novak to walk the site.
Council Member Ford announced this project was on the agenda during her last Planning
Commission meeting but had been pulled so she did not participate in the decision
making.
Following individual comments, the motion carried 5-0 by roll call vote.
C. BUSINESS ITEMS
C-1
REVIEW MORRO BAY PUBLIC PARKING MANAGEMENT STUDY CONDUCTED BY
WALKER CONSULTANTS AND CONSIDER RECOMMENDED NEXT STEPS
REGARDING PARKING MANAGEMENT; (CITY MANAGER)
https://youtu. be/yDLOpHLhsCA?t=5116
City Manager Collins introduced the item and turned to Steffan Turoff from Walker
Consultants who provided the report and responded to Council inquires.
The public comment period for Item C-1 was opened.
Kyle Finger voiced his support for the parking plan.
The public comment period for Item C-1 was closed.
MOTION: Mayor Headding moved to authorize staff to 1) pursue parking management
system in the Embarcadero broadly that includes paid parking and is inclusive
of sub -areas A & B, 2) conduct further analysis on the Morro Rock parking
area, 3) consult with the California Coastal Commission staff, 4) seek
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MINUTES - MORRO BAY CITY COUNCIL MEETING - NOVEMBER 9, 2021
additional input from the parking user group, 5) as a first step towards
implementation develop a paid parking pilot program and bring it back for
Council consideration as soon as practical, 6) evaluate potential alternatives
to accommodate employee parking on the Embarcadero, and 7) include an
evaluation of industrial delivery zone parking and related issues. The motion
was seconded by Council Member Barton.
Mayor Headding clarified the study area includes the triangle parking lot.
Following comments, the motion carried 5-0 by roll call vote.
C-2 ADOPT RESOLUTION NO. 79-21 PLEDGING A FUNDING COMMITMENT FOR
INTERSECTION IMPROVEMENTS AT SR1/SR41 AND MAIN STREET; (PUBLIC
WORKS DEPARTMENT)
https://voutu.be/yDLOpHLhsCA?t=8988
Public Works Director Kwolek presented the report and, along with John DiNunzio from
San Luis Obispo Council of Governments (SLOCOG), responded to Council inquires.
The public comment period for Item C-2 was opened.
Betty Winholtz, Morro Bay, disagreed this was not a decision on whether or not to pursue
a roundabout as funding was dependent on the roundabout alternative She also
disagreed a roundabout would be more environmentally friendly and asked why issues
raised in the ICE 2-step study were not included. She urged the Council to look at
signalization for this intersection.
The public comment period for Item C-2 was closed.
Staff responded to concerns raised during public comment.
MOTION: Mayor Headding moved to adopt Resolution No. 79-21 pledging a funding
commitment for project costs for intersection improvements for the intersection
at SR1/SR41 and Main Street based on the roundabout alternative. The
motion was seconded by Council Member Heller and carried 5-0 by roll call
vote.
C-3 APPROVE A MASTER SERVICES AGREEMENT WITH HINDERLITER DE LLAMAS
AND ASSOCIATES (HDL) TO PROVIDE TAX AND FEE ADMINISTRATION SERVICES;
(ADMINISTRATIVE SERVICES DEPARTMENT)
https://youtu.be/yDLOpHLhsCA?t=10565
Administrative Services Director/Assistant City Manager Johnson -Rios provided the report
and responded to Council inquiries.
The public comment period for Item C-3 was opened; seeing none, the public comment
period was closed.
MOTION: Council Member Addis moved to adopt Resolution No. 80-21 authorizing the
City Manager to execute a Master Services Agreement with HdL to provide Tax
and Fee Administration Services in the areas of Business Tax Certificates and
Transient Occupancy Tax, subject to City Attorney approval of Agreement
language. The motion was seconded by Council Member Barton and carried
5-0 by roll call vote.
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MINUTES - MORRO BAY CITY COUNCIL MEETING - NOVEMBER 9, 2021
C-4 INTRODUCTION (FIRST READING) OF ORDINANCE NO. 645 ADDING CHAPTER
8.18, "SPECIFIC REGULATIONS FOR COLLECTION, AND DISPOSAL REDUCTION,
OF ORGANIC WASTE, RECYCLABLES AND SOLID WASTE," TO TITLE 8 ("HEALTH
AND SAFETY") OF THE MORRO BAY MUNICIPAL CODE; (PUBLIC WORKS
DEPARTMENT)
https://youtu. be/yDLOpHLhsCA?t=11318
Public Works Director Kwolek presented the report and, along with Management Analyst
Burlingame and Special Legal Counsel Laymon, responded to Council inquiries.
The public comment period for Item C-4 was opened; seeing none, the public comment
period was closed.
MOTION: Council Member Heller moved to introduce, by title only, and waive further
reading of Ordinance No. 645: "An Ordinance of the City Council of the City of
Morro Bay, California, Adding Chapter 8.18 to Title 8 ("Health And Safety") of
the Morro Bay Municipal Code, entitled "Specific Regulations For Collection,
and Disposal Reduction, of Organic Waste, Recyclables and Solid Waste," to
enact regulations in compliance with Senate Bill (SB) 1383 for the
implementation of Mandatory Food and Organics Recycling, and related Solid
Waste and Recycling Processing and Reporting." The motion was seconded
by Mayor Headding and carried 5-0 by roll call vote.
C-5 KINGS AND BLANCA TANKS REHABILITATION PROJECT CONTRACT AWARD IN
THE AMOUNT OF $2,039,268 TO SUPERIOR TANK SOLUTIONS, INC.; (PUBLIC
WORKS DEPARTMENT)
https://youtu. be/yDLOpHLhsCA?t=12884
City Engineer Livick provided the report and responded to Council inquiries.
The public comment period for Item C-5 was opened; seeing one, the public comment
period was closed.
MOTION: Mayor Headding moved to waive minor irregularities in the bids received by
the City, reject the bid protest filed by Paso Robles Tank, Inc., and authorize
the City Manager to execute a contract with Superior Tank Solutions, Inc.
(STS) in the amount of $2,039,268 for recoating and rehabilitation of six water
storage tanks after approved as to the form by the City Attorney. 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/yDLOpH LhsCA?t=13479
Mayor Headding requested and received full support for a report brought forward at a special
meeting to review proposed State Redistricting and allow the Mayor to weigh in on proposed
maps.
E ADJOURNMENT
The meeting adjourned at 9:16 p.m.
Recorded
Y.
�.na Swanson
City Clerk
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MINUTES - MORRO BAY CITY COUNCIL MEETING - NOVEMBER 9, 2021