HomeMy WebLinkAboutCC_2023-11-14 Regular Meeting Minutes - signedMINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING – NOVEMBER 14, 2023
VETERAN’S MEMORIAL HALL – 5:30 P.M.
PRESENT: Carla Wixom Mayor
Laurel Barton Council Member
Cyndee Edwards Council Member
Jennifer Ford Council Member
Zara Landrum Council Member
STAFF: Yvonne Kimball City Manager
Chris Neumeyer City Attorney
Dana Swanson City Clerk
Steve Conway Interim Assist. City Manager/Admin Svcs Dir.
Greg Kwolek Public Works Director
Scot Graham Community Development Director
Daniel McCrain Fire Chief
Amy Watkins Police Chief
Ted Schiafone Harbor Director
Cindy Jacinth Planning Manager
ESTABLISH QUORUM AND CALL TO ORDER
Mayor Wixom 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/9Gnn1LrOvvE?si=mVa6DOfTrvgt3Q7T&t=159
CITY MANAGER REPORTS, ANNOUNCEMENTS AND PRESENTATIONS - None
PRESENTATIONS
https://youtu.be/9Gnn1LrOvvE?si=O8vwnFWcIFapU4RM&t=655
• Astound Business Solutions Presentation by Jeff Buckingham
Mayor Wixom requested and received full support to pull Item C-3 from the agenda and move the
item to a January 2024 meeting.
PUBLIC COMMENT
https://youtu.be/9Gnn1LrOvvE?si=25N0cfa8N1Z_lN6S&t=1299
Judi Brown, Morro Bay, requested City support to resolve neighborhood issues at 995 Allesandro
Street.
Jenny Jones, Morro Bay, expressed concern about activities at 995 Allesandro and asked that
the City hold the trustee responsible and accountable.
AGENDA NO: 7.a
MEETING DATE: January 9, 2024
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MINUTES - MORRO BAY CITY COUNCIL MEETING – NOVEMBER 14, 2023
Linda Winters, Morro Bay, announced the upcoming Morro Bay Community Thanksgiving dinner
and asked what preparations were being made for storms and potential flooding.
Barbara Alward, Morro Bay, commented on issues occurring on Allesandro Street.
Harmony Kranes, Morro Bay, spoke regarding Allesandro Street neighborhood concerns.
Terry Simons, Morro Bay, requested the Council authorize staff to submit letters to the District
Attorney’s office in an effort to resolve issues on Allesandro Street.
Tim Cleath, owner of Rhapsody In View hotel in north Morro Bay, announced their grand opening
next month.
Ginger Machado, Morro Bay resident and owner of FitnessWorks, spoke regarding the challenges
of dealing with the homeless population in the creek area along Quintana and requested an
ordinance prohibiting camping on public easements and sidewalks in the City.
Mary Caparini, Morro Bay, shared concerning interactions with the homeless population when
picking up mail at the UPS store.
John Hash, Morro Bay, while frustrated with the homeless encampments along Quintana, was
not in favor of the proposed shopping cart ordinance.
An unnamed resident urged the community to treat the homeless population with compassion.
Wynde Dyer, Morro Bay, expressed appreciation for the listening sessions hosted by Council
Member Landrum and thanked Juan Carlos from Astound Business Solutions for his support.
Rob Frasier, Morro Bay resident and owner of properties on Main Street, thanked the City for help
during last year’s flood and urged everyone to work together to address homelessness issues.
Mayor Wixom closed public comment.
The Council and staff responded to issues raised during public comment.
A. CONSENT AGENDA
https://youtu.be/9Gnn1LrOvvE?si=zyepIif4Mfl-KDcp&t=3583
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 24, 2023, CITY COUNCIL MEETING;
(CITY CLERK)
RECOMMENDATION: Approve as submitted.
A-2 FIRST QUARTER INVESTMENT REPORT (PERIOD ENDING SEPTEMBER 30, 2023)
FOR FISCAL YEAR (FY) 2023-24; (ADMINISTRATIVE SERVICES DEPARTMENT)
RECOMMENDATION: Receive the attached First Quarter Investment Report
(period ending September 30, 2023) for FY 2023-24.
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MINUTES - MORRO BAY CITY COUNCIL MEETING – NOVEMBER 14, 2023
A-3 ADOPTION OF RESOLUTION NO. 72-23 APPROVING AMENDMENT NO. 5 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. 72-
23 approving Amendment No. 5 to the Morro Bay Transit and Trolley Operations
and Management Agreement with MV Transportation, Inc. (MV).
A-4 AUTHORIZE EXECUTION OF LICENSE AGREEMENT WITH LIBERTINE AND
HARBORWALK PLAZA LEASE SITES, 801 AND 833 EMBARCADERO
RESPECTIVELY, TO ENABLE JOINT ACCESS BETWEEN BUILDINGS; (COMMUNITY
DEVELOPMENT DEPARTMENT)
RECOMMENDATION: Staff recommends the City Council review the staff report and
authorize execution of the License Agreement.
A-5 OCTOBER 2023 POLICE AND FIRE DEPARTMENT CALLS FOR SERVICE REPORTS;
(POLICE DEPARTMENT/FIRE DEPARTMENT)
RECOMMENDATION: Receive and file.
A-6 PROCLAMATION DECLARING NOVEMBER AS “FAMILY COURT AWARENESS
MONTH”; (ADMINISTRATION)
RECOMMENDATION: Approved as submitted.
A-7 PROCLAMATION DECLARING NOVEMBER AS “NATIONAL HOSPICE AND
PALLIATIVE CARE MONTH”; (ADMINISTRATION)
RECOMMENDATION: Approved as submitted.
Mayor Wixom opened public comment for the Consent Agenda.
https://youtu.be/9Gnn1LrOvvE?si=6erha3sLrFTSrHLc&t=3592
Betty Winholtz, Morro Bay, spoke regarding the trolley contract (Item A-3) and suggested the City
explore RTA and other transportation alternatives.
The public comment period was closed.
MOTION: Council Member Barton moved approval of Consent Items A-1 through A-7. The
motion was seconded by Council Member Edwards and carried 5-0.
B. PUBLIC HEARINGS
B-1 INTRODUCTION AND FIRST READING OF ORDINANCE NO. 662: AMENDMENTS TO
2022 ZONING CODE/COASTAL IMPLEMENTATION PLAN (IP) AND ZONING MAP
AMENDMENTS AND ADOPTION OF RESOLUTION NO. 73-23 FOR A GENERAL
PLAN/ LOCAL COASTAL PROGRAM (LCP) COASTAL LAND USE PLAN MAP
AMENDMENT AND INTRODUCTION AND FIRST READING OF ORDINANCE NO. 661:
AMENDMENT TO 2022 ZONING CODE TO ADOPT OBJECTIVE DESIGN
STANDARDS ESTABLISHED AS CHAPTER 17.31; (COMMUNITY DEVELOPMENT
DEPARTMENT)
https://youtu.be/9Gnn1LrOvvE?si=crZoJb1RS9FHhMQn&t=3695
Planning Manager Jacinth provided the report and responded to Council inquiries.
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MINUTES - MORRO BAY CITY COUNCIL MEETING – NOVEMBER 14, 2023
Mayor Wixom opened the Public Hearing.
Mayor Wixom opened Public Comment.
https://youtu.be/9Gnn1LrOvvE?si=2vG-0RnBu15AHe9E&t=4758
Terry Simons, Morro Bay, appreciated staff’s recommendation that fence heights in
existence as of the date of adoption of Ordinance 662 be allowed to remain but suggested
a maximum height be established. He urged the Council to consider a grace period for
those whose residential property was re-zoned and that they be given the opportunity to
request a modification.
Betty Winholtz, Morro Bay, suggested the Building Code be amended to require elevators
for 3-story or higher buildings and that parapets be made optional in the Objective Design
Standards. Regarding the Zoning Ordinance, she agreed with the Planning Commission’s
recommendation to bring maximum heights down to 30 feet. She agreed with the previous
speaker that a maximum fence height be established but that grandfathering happen as
of 2019, not on the date of adoption. Lastly, she requested the Morro Elementary property
be zoned a public facility.
Nicole Dorfman, Morro Bay, appreciated the reduction of maximum building height to 30
feet and agreed elevators should be required for multi-family projects that are two stories
or more.
The Public Hearing and public comment period were closed.
Staff responded to questions raised during public comment.
Following discussion regarding the proposed amendment to Morro Bay Municipal Code
section 17.23.060 specifying fence heights in existence as of the date of the adoption of
Ordinance No. 662 shall be considered legal, non-conforming and allowed to remain, there
was Council consensus to establish a maximum height for existing fences.
MOTION: Council Member Ford moved to:
1. (i) Introduce for first reading by number and title only, with further reading waived,
Ordinance No. 662, “An Ordinance of the City Council of the City of Morro Bay,
California, Amending the 2022 Zoning Code/Coastal Implementation Plan Title 17
(Zoning) and the Zoning Map which includes miscellaneous amendments to all of
Division I and Division II and Chapters 17.23, 17.26, 17.27, 17.29, 17.30, 17.36, 17.38,
17.39, 17.42, 17.43, 17.44, 17.53, and 17.54 of the Morro Bay Municipal Code”; and
(ii) adopt Resolution No. 73-23 approving a General Plan/ Local Coastal Program
(LCP) Land Use Map amendment; with a finding that no further environmental review
is required pursuant to State CEQA Guidelines section 15162, amending MBMC
section 17.23.060 Fences and Freestanding Walls to add the amended language to
17.23.060 to item A .1.A. and B that fence heights in existence as of date of adoption
of Ordinance No. 662 shall be considered legal non-conforming and allowed to remain
to the maximum height of 6 ½ ft.; and
2. Introduce for first reading by number and title only, with further reading waived,
Ordinance No. 661, “An Ordinance of the City Council of the City of Morro Bay,
California for adoption of Objective Design Standards for inclusion as Chapter 17.31
of the Morro Bay Municipal Code, ‘Residential and Mixed Use Objective Design
Standards,’ and further to be an amendment to the 2022 Zoning Code with a finding
that no further environmental review is required pursuant to State CEQA Guidelines
section 15162.”
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MINUTES - MORRO BAY CITY COUNCIL MEETING – NOVEMBER 14, 2023
The motion was seconded by Council Member Edwards for discussion.
Following discussion, the motion carried 5-0 by roll call vote.
The Council took a brief recess at 7:25 p.m. The meeting reconvened at 7:36 p.m. with all
members present.
C. BUSINESS ITEMS
C-1 CONSIDERATION OF AMENDMENT NO. 4 TO AN EXISTING CONTRACT WITH GHD,
INC. FOR COMPLETING THE PROJECT APPROVAL AND ENVIRONMENTAL
DOCUMENT (PA& ED) PHASE FOR INTERSECTION IMPROVEMENTS AT STATE
ROUTE 41, STATE ROUTE 1, AND MAIN STREET; (PUBLIC WORKS DEPARTMENT)
https://youtu.be/9Gnn1LrOvvE?si=lEj0HjHrSUwxuedD&t=6974
Public Works Director Kwolek provided the report and, along with Paul Valadao from
Caltrans and John Rogers from GHD, Inc., responded to Council inquiries.
The public comment period for Item C-1 was opened.
https://youtu.be/9Gnn1LrOvvE?si=XwkqUdGKX_uKwTCi&t=8622
Terry Simons, Morro Bay, spoke in support of staff’s recommendation.
Betty Winholtz, Morro Bay, offered comments and questioned the use of and available
Development Impact Fees for this project.
Nattalia Merzoyan, Morro Bay, suggested alternatives be considered that would direct
traffic to Morro Bay at other entry points to reduce traffic at this intersection.
Linda Winters, Morro Bay, expressed concern regarding pedestrian safety and
importance of traffic calming.
The public comment period for Item C-1 was closed.
MOTION: Council Member Edwards moved to approve and authorize the City Manager
to execute Amendment No. 4 (Attachment 1) to the existing amended
agreement with GHD Inc., for completion of the Project Approval and
Environmental Document (PA&ED) phase for Intersection Improvements at
State Route 41, State Route 1, and Main Street (SR-41/SR-1/Main) and extend
the contract through January of 2025. The motion was seconded by Council
Member Ford and carried 3-2 by roll call vote with Council Member Landrum
and Mayor Wixom opposed.
C-2 INTRODUCTION AND FIRST READING OF ORDINANCE NO. 663, AMENDING THE
MORRO BAY MUNICIPAL CODE TO ADD CHAPTER 8.15 PERTAINING TO THE
UNAUTHORIZED REMOVAL OF SHOPPING CARTS FROM RETAIL
ESTABLISHMENTS AND FACILITATING RETRIEVAL OF ABANDONED SHOPPING
CARTS TO TITLE 8 (“HEALTH AND SAFETY”); (POLICE DEPARTMENT/FIRE
DEPARTMENT)
https://youtu.be/9Gnn1LrOvvE?si=1khNgc-Ngu67xfqf&t=9730
Fire Chief McCrain and Police Chief Watkins provided the report and responded to Council
inquiries.
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MINUTES - MORRO BAY CITY COUNCIL MEETING – NOVEMBER 14, 2023
The public comment period for Item C-2 was opened.
https://youtu.be/9Gnn1LrOvvE?si=9NmOxjL11Zd-6VOY&t=11572
Terry Simons, Morro Bay, suggested alternative methods to be considered to support
transient residents.
An unnamed resident opposed the ordinance.
The public comment period for Item C-2 was closed.
MOTION: Council Member Barton moved to introduce for first reading by title only, with
further reading waived, Ordinance No. 663, “An Ordinance of the City Council
of the City of Morro Bay, California, Amending Title 8 (“Health and Safety”) of
the Morro Bay Municipal Code to add Chapter 8.15 pertaining to the
unauthorized removal of shopping carts from retail establishments and to
facilitate retrieval of abandoned shopping carts.” The motion was seconded by
Council Member Edwards and carried 5-0 by roll call vote.
C-3 QUARTERLY UPDATE ON 2023-24 AND FY 2024–25 CITY COUNCIL GOALS AND
ACTION ITEMS; (CITY MANAGER)
This item was continued to a January 2024 meeting.
C-4 CONSIDERATION OF REVISIONS TO THE CITY COUNCIL POLICIES &
PROCEDURES TO ADD SECTION 5.5 ESTABLISHING A POLICY REGARDING THE
USE OF PUBLIC RESOURCES BY ELECTED OFFICIALS; (CITY MANAGER)
https://youtu.be/9Gnn1LrOvvE?si=qAiG46_FtnIy1Jet&t=12298
City Manager Kimball provided the report and responded to Council inquiries.
The public comment period for Item C-4 was opened.
https://youtu.be/9Gnn1LrOvvE?si=OmXMOXfcu8dRqjIy&t=13558
Terry Simons, Morro Bay, was enthusiastic about building community support through
council member led town hall events and discouraged efforts to limit the number of
opportunities to do so.
There was consensus to go past 9:30 to finish this item.
Jeff Eckles, Morro Bay, suggested the Council establish time period before election where
a sitting council member not have that opportunity.
The public comment period for Item C-4 was closed.
There was consensus for individual council members to submit suggested policy
language to the City Manager and bring back options at a future meeting.
D. COUNCIL DECLARATION OF FUTURE AGENDA ITEMS
https://youtu.be/9Gnn1LrOvvE?si=TaFgOHVmLjr7w0cr&t=15768
Council Member Landrum requested consideration of a Building Code amendment
requiring elevators in housing developments and received majority support to send for
Planning Commission review then City Council.
7
MINUTES - MORRO BAY CITY COUNCIL MEETING – NOVEMBER 14, 2023
Council Member Landrum requested consideration of eliminating artificial turf and
received majority support to bring back an informational item.
The meeting adjourned at 10:08 p.m.
Recorded by:
Dana Swanson
City Clerk
Dana Swanson (Jan 10, 2024 10:19 PST)
Dana Swanson
7.a.1 CC_2023-11-14 Regular Meeting Minutes
Final Audit Report 2024-01-10
Created:2024-01-10
By:Heather Goodwin (hgoodwin@morrobayca.gov)
Status:Signed
Transaction ID:CBJCHBCAABAA7gTiUiNUm9lWlbzq2aRVD2MDP_7hTS1D
"7.a.1 CC_2023-11-14 Regular Meeting Minutes" History
Document created by Heather Goodwin (hgoodwin@morrobayca.gov)
2024-01-10 - 6:10:22 PM GMT
Document emailed to Dana Swanson (dswanson@morrobayca.gov) for signature
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Email viewed by Dana Swanson (dswanson@morrobayca.gov)
2024-01-10 - 6:19:02 PM GMT
Document e-signed by Dana Swanson (dswanson@morrobayca.gov)
Signature Date: 2024-01-10 - 6:19:18 PM GMT - Time Source: server
Agreement completed.
2024-01-10 - 6:19:18 PM GMT