CFAC PRESENTATION RECEIVED BY
THE CITY COUNCIL FOR PUBLIC
REVIEW PRIOR TO THE MEETING
AGENDA NO: Presentations
MEETING DATE: January 23, 2024
CFAC Functions and Duties
• Citizens Oversight Committee
• Review Annual Revenue/Expenditure Report for Measures Q and E expenditures (July 2022-June 2023). • Review Semi-Annual Revenue and Expenditure Report.
• Report on Conformance of Q/E Expenditures.
• Citizens Finance Advisory Committee
• Provide Citizen Input on Projects, City Budget and Other Items. • Promote Citizen Participation and Understanding of Financial Information. • Review and Comment on the City Budget Prior to Presentation to the City Council. • Undertake Special Financial Projects as Directed by City Council, City Manager or City Treasurer. • PERS/OPEB Liabilities
• City Council Compensation
• Mid-Year Budget Adjustments
• City Council Goals
• Harbor Lease Policy
• 10-Year Financial Forecast (former duty)
• Review Quarterly Financial Reports
(former duty)
• Review of Audit (former duty)
• As the Citizens Oversight Committee, Report on the Conformity of Usage of Measure Q and Measure E Revenues with Adopted Policy (April 13, 2021) and the Legislative Intent (See Next Slide). Current Council Policy:
• Fund Police, Fire and Harbor Public Safety Positions
• Maintain and Enhance Community Cleanliness and Safety • Invest in Infrastructure Such As Street Paving, Storm Drains, and Vehicle Replacements. • Fund Positions to Address the Backlog of Funded Capital Projects • Maintaining Appropriate Reserves
• As the CFAC, Report on Budget Review, with Particular Emphasis on the Budget for Measures Q and E.
• Make Recommendations to the City Council on How to Improve Transparency, Maintain Compliance, Promote Citizen Participation, and Increase Effectiveness.
Measure Q/E Overview
• Committee met January 2024 to review Measures Q&E fiscal year expenditure versus budget (2022-2023)
• Overall Finding: 2022-2023 Measures Q and E Expenditures were in conformance with City Council policies for expenditure of those funds, and generally in conformance with the legislative intent of the measures as presented to the voters.
• Improve Transparency, Maintain Compliance, Promote Citizen Participation, and Increase Effectiveness • Review and Establish New Expenditure Policy for Q/E Funds • Involve the CFAC in the Development of the Policy
• Earlier Involvement in the Selection of Projects for Funding in Each Budget Cycle • Review 10-Year Revenue Projections and 10-Year Projections of Commitments • Semi-Annual Review of Expenditures
• Joint Meeting with PWAB for Capital Projects
• Provide Summary of Historic, Proposed and Projected Expenditures by Legislative Intent Category Summary of CFAC Activities
• CFAC Reviewed and Commented on Measure Q/E Transactions during for Fiscal Year 2022-2023.
• Review of Required Semi Annual Reports on Q/E Revenues and Expenditures. • Review Public Information Strategies to Enhance Access and Transparency. • Received Information and Training on Brown Act, Parliamentary Procedure. • Information and Training on “Municipal Finance 101”.
• FY 22-23 Measure QE budget.
AGENDA CORRESPONDENCE
RECEIVED BY THE CITY COUNCIL FOR
PUBLIC REVIEW PRIOR TO THE MEETING
AGENDA NO: PC
MEETING DATE: January 23, 2024
1 Dana Swanson
From: patticake801
Sent: Saturday, January 20, 2024 10:11 AM
To: Council
Subject: General comment
CAUTION: This is an external email. Please take care when clicking links or opening attachments.
Dear mayor and council , I hear that a new rate study was requested for our water/ sewer bills. We were originally promised that the two surcharges would eventually drop off which would significantly lower our bills. What ever happened to that? Also a few years ago, there was talk of a $22 rebate ( not positive that’s the correct amount) so now the bills might go up??? Thanks for all your endless hours of work for our city.
Patti Anderson
Sent from the all new AOL app for iOS
AGENDA CORRESPONDENCE
RECEIVED BY THE CITY COUNCIL FOR
PUBLIC REVIEW PRIOR TO THE MEETING
AGENDA NO: 7.c
MEETING DATE: January 23, 2024
1 Dana Swanson
From: betty winholtz
Sent: Monday, January 22, 2024 12:48 AM
To: Dana Swanson
Subject: Fw: regular agenda item 7c
CAUTION: This is an external email. Please take care when clicking links or opening attachments. ----- Forwarded Message -----
From: betty winholtz < t>
To: Carla Wixom <[email protected]>; Laurel Barton <[email protected]>; Jennifer Ford <[email protected]>; Zara Landrum <[email protected]>; Cyndee Edwards <[email protected]> Cc: Eric Riddiough <[email protected]>
Sent: Sunday, January 21, 2024 at 11:53:54 PM PST
Subject: regular agenda item 7c
Dear City Council,
It's wonderful that the Lila Kaiser parking lot is finally being paved after many years of potholes. I look forward to the concrete blocks being removed and real landscaping occurring.
Regarding landscaping, I hope you direct the Recreation and Parks Commission to solicit public input and then offer recommendations to PWAB. According to your Handbook, this is part of its responsibility. See page 28.
Regarding paving, how is it that paving the street leading into the Lila Kaiser parking lot is not happening simultaneously? It is in as sorry a condition as the parking lot. Or, are you intending to take money from street paving to pave it? Either way, it sorely needs to be fixed.
Sincerely,
Betty Winholtz
AGENDA CORRESPONDENCE
RECEIVED BY THE CITY COUNCIL FOR
PUBLIC REVIEW PRIOR TO THE MEETING
AGENDA NO: 8.a
MEETING DATE: January 23, 2024
2 3. "Event Area" public plaza control - Please clarify full city control of public space; consider MB Recreation Services reservation system for events and MB Public Works/Planning review of all requests for use (https://www.morrobayca.gov/299/Facility-Rentals)
4. Staging, lighting, and event area cost share - Consider additional TBID engagement for improved amenities in the public plaza above the bare minimum proposed that mutually benefit Morro Bay's tourism marketing and infrastructure (can't hurt to ask)
5. "Event Area" public plaza ground material - Consider alternative ground surface material such as permeable pavers that allow better foot travel when wet than decomposed granite.
6. Partnering with Rose's and City for pedestrian routing - What we don't want along the bayfront is a maze of right angle turns that are difficult to navigate; consider public bench removal and other flow improvements throughout the planning and building process that coordinate well together; if decomposed granite is the plaza choice, consider 10-foot wide concrete or paver pathway from the bay to a new, upgraded crosswalk at Embarcadero
7. Curb vs. slope to the busiest new crosswalk in town - Drawings show curb bulbout for vehicle drop-off at public plaza; consider change to flat/minimal slope to avoid trip hazard and prioritize pedestrian crosswalk from Centennial Plaza to the waterfront; see attached images (https://drive.google.com/file/d/1F1f8EqRMIo4A6kwHoo6xqsSby60T9lB/view?usp=sharing)
8. No guest parking - Drawings and staff report appear to exclude hotel guest parking, which is good; Tidelands lodging establishments, unless provided onsite, should not receive dedicated guest parking spaces in public right-of-way.
9. Mandatory minimum hours - Given the site's history, it feels appropriate to require minimum operating hours of ground floor commercial spaces upon project completion; all WMLs benefit when all lease sites are open for business
10. Public ground floor occupancy to allow Level 2 lodging use - A similar brewery-lodging mixed-use structure was approved and constructed on Higuera in SLO only to see the ground floor brewhouse shutter almost immediately while the less beneficial (to local commerce) lodging component remained operational. Libertine Lofts resemble these SLO Brew Lofts in name and likeness, which is fine, but we want to make sure to avoid SLO's groundfloor shuttering that has since turned into a private venue open to the public only briefly on weekends: https://thecarrisa.com/faq/).
11. Construction period suggestions - No dumpsters or storage units west of Embarcadero (Market Plaza could be an option against the bluff). No sidewalk closure (on-site fencing only, or a much better temporary sidewalk than implemented at other recent waterfront redevelopments). Keep city and WMLs informed of weekly/monthly expectations and milestones.
1 Dana Swanson
From: Ted Schiafone
Sent: Friday, January 19, 2024 3:32 PM
To: Council
Cc: Scot Graham; Dana Swanson
Subject: Libertine Questions
Honorable Mayor and City Council Members,
There have been some quesƟons regarding the closing of operaƟons by The LiberƟne:
Does the lease specify a requirement to operate?
Yes. The lease specifies continuous operations. The lease is silent regarding continuous operations when you are planning to rebuild/replace the existing structure. The Harbor was informed about the termination of operations last week. We required the tenant to ensure the building and decks were secured so there was no unauthorized use of the premises. The tenant indicated they have not been able to maintain employees as their reason for closing operations.
From the Lease Agreement:
Operation of Business - Hours of Operation.
Failure to actively and diligently conduct the business authorized herein constitutes a breach of this Lease and may, at the option of CITY, terminate this Lease.
A. TENANT must, during the term of this Lease, conduct business of the nature specified in Section 3.01 of this Lease on the Premises in an efficient and diligent manner and keep the Premises open for the conduct of business continuously and without interruption for at least six hours each day of the year, except one day each week and legal holidays. This provision does not apply if the Premises is closed, and the business of TENANT is temporarily shut down for a period not to exceed 14 calendar days in any calendar year to make necessary repairs, maintenance or other construction deemed necessary by TENANT. This provision does not apply if the Premises is closed and the business of TENANT is temporarily shut down as authorized or required by the City Manager or on account of strikes, walkouts, or causes beyond the control of TENANT or for not more than three days out of respect to the memory of an officer, employee, or close relative of any officer or employee of TENANT.
B. TENANT must operate TENANT'S business on the Premises with due diligence and efficiency and in like manner as comparable businesses operated in CITY or the coastal area of San Luis Obispo County, so as to produce the maximum amount of Gross Sales and gross receipts from services, which may be produced from TENANT'S business; and TENANT at all 2 times must carry on Premises, a stock or merchandise of such size, character, and quality as is reasonable, designed to produce the maximum return to TENANT, when the sale of merchandise is a permitted use under this Lease.
Is Libertine paying percentage rent?
No. According to the recent report provided to the State for sales tax reporting, Libertine did not meet the sales threshold to pay the additional percentage rent. In August 2023, Council approved an amendment to the lease to increase base rent from $32,000/year to $45,000/year. Libertine would be required to pay this base rent whether or not they were operating the business.
When is Libertine required to provide proof of financing? They were to obtain proof of financing by 12/31/23. That was not possible due to additional requirements by the City and Planning Commission. The bank can’t issue a loan commitment without a lease agreement to review. The lease agreement can’t be negotiated until Council approves the Conditional Use Permit (CUP). This Consent of Landowner (COL) is the old version that places specific times on the Developer but doesn’t account for the delays that are outside of their control. The HAB Ad-Hoc Committee helped us change that document so that these types of issues don’t happen again. Council has the option to deem this COL as expired, but not the requirement to do so.
The first step would be for Council to approve the CUP, then the Harbor negoƟates a new lease conƟngent upon acceptable project financing, business plan, and markeƟng plan. Council would make the final decision on approval of the new long-term lease.
From the COL:
Prior to City approving any long-term lease, the Applicant must do all of the following:
obtain evidence of available financing for completion of the project, acceptable to the Finance Director and City Attorney. Such evidence could include letters of interest or commitment from accredited financiers, or proof of sufficient cash reserves committed to fund the proposed project, on or before December 31, 2023, at 4:00 p.m. or the City Council can deem this COL to be expired with 10-days’ written notice to the Applicant or impose a penalty of $100 for each day, or portion thereof, that milestone was not met;
submit a professionally prepared business plan for the proposed redevelopment that includes industry-standard elements expected of such a plan on or before December 31, 2023, at 4:00 3 p.m. or the City Council can deem this COL to be expired with 10-days’ written notice to the Applicant or impose a penally of $100 for each day, or portion thereof, that milestone was not met; and
submit a professionally prepared marketing plan for the proposed redevelopment that includes industry-standard elements expected of such a plan on or before December 31, 2023, at 4:00 p.m. or the City Council can either deem this COL to be expired with 10-days’ written notice to the Applicant or impose a penalty of $100 for each day, or portion thereof, that milestone was not met.
Salvatore (Ted) Schiafone
Harbor Director
City of Morro Bay
1275 Embarcadero / Morro Bay, CA 93442
Phone 805-772-6254
www.morrobayca.gov
1 Dana Swanson
From: Cindy Jacinth
Sent: Monday, January 22, 2024 9:52 AM
To: betty winholtz; Carla Wixom; Laurel Barton; Jennifer Ford; Zara Landrum; Cyndee Edwards Cc: Dana Swanson; Scot Graham; Yvonne Kimball
Subject: RE: regular agenda item 8a
Hi Betty,
Thank you for the email comments. Allow me to clarify some of the project details you mentioned in your comment. The 15’ boardwalk on the water side of the property will not have public tables in this area. The 15 feet is all public walkway with the proposed outdoor dining tables located outside of the 15’ width. In fact, the project is conditioned to delineate the area with a low railing to prevent the tables from migrating into the 15 foot Harborwalk. In addition, the Harborwalk is also proposed to match the width on the adjacent lease site to the north.
Second, your comment about the Plaza project being old, I am assuming is referring to the 2016 Centennial Plaza plan.
That is not specifically what the Applicant is proposing. In fact, when the Planning Commission looked at the Libertine project during Conceptual Review in 2022, they agreed that they did not want the Libertine redevelopment to look like the 2016 plan and so the Applicant has worked to make changes. The proposed improvements to create a plaza are implementation of General Plan policy which states that parking would be relocated away from the street ends to increase safety and pedestrian connections. Both Rose’s Landing and Harborwalk Plaza are also obligated to make contributions towards the future development of this street end area.
Last, the boardwalk expansion is not for the developer’s gain. There is currently no Harborwalk there now, and the Code requires a minimum of 10 feet on new projects. Providing more than 10 feet allows for wider pedestrian coastal access and also aligns with the new Harborwalk boardwalk that was built at the site to the north (833 Embarcadero). The applicant is proposing improvement of the full plaza area, which when added to the other significant benefit items proposed, was considered by the Planning Commission to warrant approval of the exceptions requested.
Hope that helps, thanks.
Cindy Jacinth, Planning Manager
City of Morro Bay
Community Development Department
805-772-6577
www.morrobayca.gov/planning
From: betty winholtz
Sent: Monday, January 22, 2024 12:51 AM
To: Carla Wixom <[email protected]>; Laurel Barton <[email protected]>; Jennifer Ford <[email protected]>; Zara Landrum <[email protected]>; Cyndee Edwards <[email protected]> 2 Cc: Cindy Jacinth <[email protected]>; Dana Swanson <[email protected]> Subject: regular agenda item 8a
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Dear City Council,
While I am pleased that the Libertine is moving forward, I have 3 comments that disagree with the Planning Commission's conditions.
1. Not limited to this project, though it is part of this project: I disagree with a 15' boardwalk on the water side of the property rather than the requirement 10' wide boardwalk. The intent of the boardwalk was to create a different walking experience for pedestrians that connects the Rock to Tidelands Park, eventually. A few leaseholders, including this one, ask for an additional 5' to put out tables. Add boat slips to a 15' boardwalk and the human footprint over the water increases to almost the channel. This is too much intrusion over the water into the harbor.
2. Removing public parking is not a public benefit, particularly if it is being replaced with DG (gravel) for the benefit of the developer to use public right-of-way for his business's benefit. Parking is at a premium; events have and can continue to occur at Tidelands Park. The Plaza proposal is an old concept and needs to be re-evaluated.
3. Since the boardwalk expansion is for the developer's gain and since replacing premium parking with DG for possible developer events, I do not see enough public benefit to justify violating the height limit of 17'. A public viewing deck is not sufficient on its own to grant the exception.
Sincerely,
Betty Winholtz
AGENDA CORRESPONDENCE
RECEIVED BY THE CITY COUNCIL FOR
PUBLIC REVIEW PRIOR TO THE MEETING
AGENDA NO: 8.a and 9.b
MEETING DATE: January 23, 2024
1 Heather Goodwin
From: Jeffrey Heller
Sent: Friday, January 19, 2024 7:05 PM
To: Dana Swanson; Council
Subject: Agenda Correspondence for reg. council mtg 1/23/24 CAUTION: This is an external email. Please take care when clicking links or opening attachments.
1. The new meeting agenda format is excellent! It is concise and easy to navigate. Who do we thank for this improvement?
2. Item 8a: Resolution to approve CUP for 801 Embarcadero ("Libertine").
The planning commission and the community development department have done an excellent job reviewing this proposed project. However--I believe the existing parking spaces should remain. This area could be partitioned off if needed for a special event. We need more parking, not less along Embarcadero Rd.
3. Item 9b: Goal #1: Public Infrastructure;
There are 37 "action items" planned for completion in the next 18 months.
I am wondering:
i. if this status report could use less text and more visual representation (e.g. schedule)? ii. which of these action items are likely to be completed 18 months from now? iii. which have been budgeted and/or funded?
iv. if we can find ways to reduce our use of consultants (e.g. Can a Facility Condition Assessment be done in-house)? vi. why we need to update our $750K OneWater Plan (#36)? vii. if we have a Citywide (Harbor, Public Works, PD, FD, Parks, etc.) Capital needs budget? viii. if we need to be exploring long term revenue generating options to support our capital needs? Thank you for your consideration and ongoing hard work! Jeff and Kerry Heller
AGENDA CORRESPONDENCE
RECEIVED BY THE CITY COUNCIL FOR
PUBLIC REVIEW PRIOR TO THE MEETING
AGENDA NO: 9.a
MEETING DATE: January 23, 2024
1 Heather Goodwin
From: Dana Swanson
Sent: Tuesday, January 23, 2024 10:47 AM
To: City Clerk Distribution Group
Subject: FW: Kevin Carroll Is Withdrawing from Consideration as Recreation and Park Commissioner
From: Kevin Carroll
Sent: Tuesday, January 23, 2024 9:37 AM
To: Dana Swanson <[email protected]>
Cc: Kirk Carmichael <[email protected]>
Subject: Kevin Carroll Is Withdrawing from Consideration as Recreation and Park Commissioner Good morning Dana,
I am writing you this email to communicate that I will not be seeking another term as Recreation and Park Commissioner. As a result, please withdraw my name from consideration.
I have enjoyed my 9 years on the Commission, especially working with Kirk, Angelica, Ken, and Charlee.
The entire staff has been wonderful. Their hard work over the years has brought great service to the department, and continues to do so.
Thank you for all your help over the years as well, Dana. It has been a pleasure.
Sincerely,
Kevin
AGENDA CORRESPONDENCE
RECEIVED BY THE CITY COUNCIL FOR
PUBLIC REVIEW PRIOR TO THE MEETING
AGENDA NO: 9.b
MEETING DATE: January 23, 2024
1 Dana Swanson
From: betty winholtz
Sent: Monday, January 22, 2024 1:23 AM
To: Carla Wixom; Laurel Barton; Jennifer Ford; Zara Landrum; Cyndee Edwards Cc: Yvonne Kimball; Dana Swanson
Subject: regular agenda item 9b
CAUTION: This is an external email. Please take care when clicking links or opening attachments.
Dear City Council,
I couldn't agree more with the top 3 items the City Manager has identified as high priority: street paving, Veteran's Hall audio/visual equipment, and storm recovery. I would add a fourth high priority in light of your last meeting: hiring an STR code enforcer and removing HdL as the outsourcer for STRs and business licenses, bringing these 2 items back in-house. After these 4 items are attended to, street striping needs to happen all across town.
Naturally, pursuing a warming station for inclement weather and safe parking yearround are important, as well as addressing other unhoused topics.
The City can stop with various assessments. There are already too many to-do items.
An item that hasn't been mentioned but is financially worthy of discussion and action is bringing the city attorney position back in-house.
Sincerely,
Betty Winholtz