City Council Regular Meeting - April 23, 2024
1. ESTABLISH QUORUM AND CALL TO ORDER
Mayor Wixom called the meeting to order at 5:43 p.m. with all members present.
2. MOMENT OF SILENCE
3. PLEDGE OF ALLEGIANCE
4. REPORTS
4.a
Closed Session Report
City Attorney Neumeyer announced no reportable action was taken in closed session.
4.b
Mayor and Councilmembers' Reports, Announcements and Presentations https://youtu.be/GieaUhQAGJ8?si=3d8d4Y4kCUAudtGQ&t=113
4.c
City Manager Reports, Announcements and Presentations
https://youtu.be/GieaUhQAGJ8?si=0ndqOLaOcOMjgCTU&t=1028
5. RECOGNITION AND PRESENTATIONS
5.a
Morro Bay Fire Department Extraction Equipment Presentation https://youtu.be/GieaUhQAGJ8?si=0EI7eirYz97ogtb9&t=1631
6. PUBLIC COMMENT
https://youtu.be/GieaUhQAGJ8?si=IPZSXKDi2ptLRDQR&t=1924 Rachel Wilson, Cayucos, shared concerns about potential revenue losses due to a perception that lithium battery storage facilities are unsafe.
Linda Winters, Morro Bay, encouraged residents to read agenda reports, attend meetings and get involved in their community.
Jeanne Marie Colby, Morro Bay, commented on the Draft EIR for the proposed battery energy storage project.
Cherise Hansson, Morro Bay, offered suggestions for funding park improvements and urged the Council to make Lila Keiser Park a priority.
Aaron Ochs, Morro Bay, supported the need for Lila Keiser Park improvements and encouraged community members, city leaders and business owners to come together around the topic of economic redevelopment.
Wynde Dyer, Morro Bay, appreciated community support received following the passing of Chad Wood and urged those who knew the family to consider a contribution to the Go Fund Me account created in his honor.
Terry Simons, Morro Bay, shared his appreciation for Council Member Landrum's community forum.
Michelle Leicester-Cadaret, Morro Bay, commented on the Quintana creek clean-up effort and hoped the work would continue behind Lemos through to the bike path.
Steve Ray, Morro Bay, commented on the draft EIR for the proposed BESS project.
An unnamed resident offered thoughts about Sexual Assault Awareness Month.
Ray Riordan, Morro Bay Chamber of Commerce, thanked the Fire Department for coming to his rescue on Black Hill.
Betty Winholtz, Morro Bay, asked whether the City or Vistra was paying for the safety study underway and commented on the importance of enforcing tree maintenance regulations.
End of public comment.
7. CONSENT AGENDA
https://youtu.be/GieaUhQAGJ8?si=hyLARg3gkc1_l-G-&t=3942 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.
Mayor Wixom opened public comment for items on the Consent Agenda.
Steve Ray, Morro Bay, offered his support for Item 7.e. and suggested the definition of non-profit group be extended to non-profits that support the community "or residents thereof." Betty Winholtz, Morro Bay, spoke to Item 7.e., asking whether funds would need to be returned if the City's direction did not align with California Energy Commission expectations.
Terry Simons, Morro Bay, commented on Item 7.b., offering his appreciation for staff's vigilance in presenting corrections in the addendum report.
Barry Branin, Morro Bay, spoke to Item 7.b. suggesting the City have a fiduciary examiner review investment practices.
An unnamed resident commented on the Arbor Day Proclamation provided in Item 7.g.
End of public comment.
Mayor Wixom and staff responded to issues raised during public comment.
Council Member Ford pulled Item 7.e. due to a potential conflict of interest.
Motion by
Mayor Wixom
Seconded by
Council Member Landrum
Approve Consent Agenda Items 7.a through 7.d, 7.f. and 7.g. as submitted.
Ayes (5)
Mayor Wixom, Council Member Landrum, Council Member Barton, Council Member Edwards, and Council Member Ford CARRIED (5 to 0)
7.a
Approval of Minutes
Approve as submitted.
a.
April 9, 2024 - Regular Council Meeting
1. 7.a.1 City Council Regular Meeting Minutes - April 09, 2024.pdf
b.
April 9, 2024 - Special Closed Session Meeting
1. 7.a.2 City Council Closed Session Meeting Minutes - April 09, 2024.pdf
7.b
Third Quarter Investment Report (period ending March 31, 2024) for Fiscal Year (FY) 2023-24
1. 7b FY23-24 Q3 Investment Report.pdf
2. 7b.1 FY23-24 Q3 Investment Report_Addendum combined.pdf Receive the attached Third Quarter Investment Report (period ending March 31, 2024) for Fiscal Year 2023-24.
7.c
Equipment donation from the Friends of the Morro Bay Fire Department
1. 7c Approve Equipment Donation from Friends of the Fire Dept.pdf
2. 7c.1 Friends of MB Fire Dept Donation Acceptance Agreement .pdf Accept the donated equipment from the Friends of the Morro Bay Fire Department and authorize the City Manager to execute the
Donation Agreement.
7.d
Adopt Resolution No. 25-24 Authorizing the Mayor to Execute Documents Necessary to Refinance Existing Construction Loan into a Permanant Loan and Accepting a Deed of Trust Related to Lease Site 87-88/87W-88W (TLC Family Enterprises, 833 Embarcadero Road)
1. 7d Consent to Encumber-Deed of Trust.pdf
2. 7d.1 Reso 25-24 87-88 Consent to Encumber-Deed of Trust.pdf Adopt Resolution No. 25-24 authorizing the Mayor to execute documents necessary to refinance an existing construction loan into a permanent loan and accepting a deed of trust related thereto regarding the leasehold interest at Lease Site 87-88/87W-88W, with documents subject to approval of the City Attorney.
7.e
Receive and file letter of support for Assembly Bill 2537 (Addis)
1. 7e Letter of Support AB 2537.pdf
2. 7e.1 AB 2537 (Addis) Morro Bay Support_Townsend.pdf
Council Member Ford declared a conflict on this item. (Potential Conflict of Interest) Motion by
Mayor Wixom
Seconded by
Council Member Edwards
Receive and file letter of support for proposed legislation Assembly Bill (AB) 2537 related to Offshore Wind Energy Development: Offshore Wind Community Capacity Building Fund Grant Program (Addis).
Ayes (4)
Mayor Wixom, Council Member Landrum, Council Member Barton, and Council Member Edwards Recused (1)
Council Member Ford
CARRIED (4 to 0)
7.f
Acknowledge and Support Mayor Wixom's collaboration with staff and community for the City's 60th Anniversary Celebration
1. 7f Acknowledging Mayor for 60th Anniversary.pdf
Support Recreation staff’s choice to partner with Mayor Wixom on the City of Morro Bay 60 th
Anniversary event planning.
7.g
Arbor Day Proclamation
1. 7g Staff Report Arbor Day Proclamation 2024.pdf
2. 7g.1 Arbor Day 2024 Proclamation.pdf
Approve the attached proclamation in support of Arbor Day and being a Tree City USA community.
8. PUBLIC HEARING ITEMS
8.a
Public Hearing and Adoption of Resolution No. 26-24, which rescinds Resolution No. 26-23 and Adopts the FY 2024-25 Master Fee Schedule
1. 8a Master Fee Schedule FY 2024-25.pdf
2. 8a.1 Reso 26-24 Master Fee schedule 2024-25.pdf
3. 8a.2 Proposed Master Fee Schedule FY 24-25.pdf
https://youtu.be/GieaUhQAGJ8?si=Qu8gUPn1fz8gQLto&t=4789 Interim Finance Director Conrad presented the report and responded to Council inquiries.
Mayor Wixom opened public comment for Item 8.a.
https://youtu.be/GieaUhQAGJ8?si=gdrH0s4NPsOoxXiD&t=5740 Terry Simons, Morro Bay, commented on disparity between application fees for Coastal Development Permits requiring administrative approval vs. those that go to Planning Commission.
Jeff Eckles, Morro Bay, suggested using a tiered fee approach to incentivize workforce housing development.
Betty Winholtz, Morro Bay, expressed concern about the proposed fee increases.
End of public comment.
Mayor Wixom closed the public hearing.
Motion by
Council Member Edwards
Seconded by
Council Member Barton
Adopt Resolution No. 26-24, which updates the City’s Master Fee Schedule for Fiscal Year (FY) 2024-25. This Resolution rescinds Resolution No. 26-23, which adopted the current FY 2023-24 Master Fee Schedule and replaces it in its entirety for the new fiscal year.
Ayes (5)
Mayor Wixom, Council Member Landrum, Council Member Barton, Council Member Edwards, and Council Member Ford CARRIED (5 to 0)
9. BUSINESS ITEMS
The Council took a brief recess at 7:38 p.m. and reconvened at 7:48 p.m. with all members present.
9.a
Consideration of statement of support to Visit Morro Bay for its efforts in negotiation with State Park on permit fee required to enable Ironman event using Morro Bay State Park for racecourse
1. 9a Supporing Visit Morro Bay Efforts.pdf
2. 9a.1 2023 Morro Bay Run Course.pdf
3. 9a.2 Morro Bay Run Course with State Park.pdf
4. 9a.3 Ironman Agreement with Amendment 1.pdf
Council Member Ford declared a conflict on this item. (Council Member Ford announced she would abstain from the vote after hearing public comment due to the perception of a conflict of interest.) https://youtu.be/GieaUhQAGJ8?si=AB1lNbcFbm-CiJMR&t=7552 City Manager Kimball presented the report and, along with Police Chief Watkins and Michael Wambolt from Visit Morro Bay, responded to Council inquiries.
Mayor Wixom opened public comment.
Betty Winholtz, Morro Bay, suggested the City seek support from Assembly Member Addis or Senator Laird on this issue.
End of public comment.
Council Member Ford Abstained.
Motion by
Mayor Wixom
Seconded by
Council Member Barton
Authorize Mayor Wixom to issue a statement of support.
Ayes (4)
Mayor Wixom, Council Member Landrum, Council Member Barton, and Council Member Edwards Recused (1)
Council Member Ford
CARRIED (4 to 0)
9.b
Consideration of Introduction and First Reading of Ordinance No. 667 Adding Chapter 2.48 to Title of the Morro Bay Municipal Code Relating to Electronic and Paperless Filing of Campaign Disclosure Statements and Statements of Economic Interests
1. 9b Electronic Filing of Campaign Statements Ordinance.pdf
2. 9b.1 Ordinance No 667 - Electronic Filing of Campaign Statements.pdf
3. 9b.2 (4.9.24 Staff Report) Electronic Filing of Campaign Statements Ordinance.pdf https://youtu.be/GieaUhQAGJ8?si=m4FxH2vsQabjP3Tj&t=8496 City Clerk Swanson presented a brief report.
Mayor Wixom opened public comment for Item 9.b.
Betty Winholtz, Morro Bay, appreciated Council having directed the revised language and suggested the exception to electronic filing not be changed by resolution.
End of public comment.
Motion by
Council Member Barton
Seconded by
Council Member Ford
Introduce for first reading by title only, with further reading waived, Ordinance No. 667: An Ordinance of the City Council of the City of Morro Bay, Adding Chapter 2.48 to Title 2 of the Morro Bay Municipal Code Relating to Electronic and Paperless Filing of Campaign Disclosure Statements and Statements of Economic Interests.
Ayes (5)
Mayor Wixom, Council Member Landrum, Council Member Barton, Council Member Edwards, and Council Member Ford CARRIED (5 to 0)
9.c
First Amendment to Employment Contract with Yvonne Kimball, City Manager
1. 9c City Manager Contract Amendment No 1 - Salary Increase.pdf
2. 9c.1 First Amendment to City Manager Kimball Employment Agreement.pdf https://youtu.be/GieaUhQAGJ8?si=t-WvOzVpj1GP_V8V&t=8673 City Attorney Neumeyer presented the report and responded to Council inquiries.
Mayor Wixom opened public comment for Item 9.c.
Terry Simons, Morro Bay, did not recall this contract amendment being reported out from closed session and was disappointed the contract was not available for public review.
End of public comment.
Mayor Wixom announced that pursuant to the First Amendment, the City Manager's annual salary will be $222,911.00.
Motion by
Mayor Wixom
Seconded by
Council Member Landrum
Consider approval of the First Amendment to the employment contract with Yvonne Kimball, City Manager, and authorization for the Mayor to sign the contract on behalf of the City of Morro Bay.
Ayes (4)
Mayor Wixom, Council Member Landrum, Council Member Barton, and Council Member Edwards Noes (1)
Council Member Ford
CARRIED (4 to 1)
9.d
Discussion of Council and Advisory Board Sub-Committees and Potential Revisions
1. 9d Council and Advisory Board Sub-Committee Discussion.pdf
2. 9d.1 2024 Council Discretionary Appointments.pdf
3. 9d.2 2024 Advisory Body Subcommittee List.pdf
https://youtu.be/GieaUhQAGJ8?si=nVNBUoh-GmfVvgq_&t=8952 City Manager Kimball introduced the item and turned to Council Member Edwards who shared her interest in having clarity around how subcommittees are formed, a defined role and scope of work, as well as improved council member onboarding process that includes review of existing subcommittees and how they fit into Council goals and objectives.
Mayor Wixom opened public comment.
https://youtu.be/GieaUhQAGJ8?si=KHBKvMsA6hWlml4m&t=10032 Betty Winholtz, Morro Bay, suggested subcommittees should not be a rubber stamp but expected to come up with ideas that are brought back to Council. She agreed with suggested improved onboarding.
Terry Simons, Morro Bay, asked how the public can interface and provide input to the Downtown Design District subcommittee.
Linda Donnelly, Morro Bay, noted past council members did not sit on or serve on subcommittees and suggested information from those committees be reported out by staff members.
End of public comment.
Following discussion, there was Council consensus to have staff verbally report Council subcommittee activities during open session to keep the Council as a whole informed, need for improved Council onboarding to establish an agreed upon role and scope of work for Council subcommittees, and training for new council and advisory board members on the Brown Act and parliamentary procedures.
No formal action was taken by City Council on this item.
10. COUNCIL DECLARATION OF FUTURE AGENDA ITEMS
https://youtu.be/GieaUhQAGJ8?si=AUi5L1HaJaoihxNd&t=12925 Council Member Landrum requested a report on what it means to be bird sanctuary. Staff offered to gather information and provide an update in the City Manager newsletter.
11. ADJOURNMENT
The meeting adjourned at 9:20 p.m.