Morro Bay City Council
May 14, 2024

CITY OF MORRO BAY
City Council Regular Meeting Agenda

Tuesday, May 14, 2024, 5:30 p.m.

Veterans Memorial Hall, 209 Surf St., Morro Bay, CA
Public Participation
Public participation is offered in the following ways:
• Community members may attend the meeting in person at the Morro Bay Veterans Hall.

Alternatively, members of the public may watch the meeting and speak during general Public Comment or on a specific agenda item by logging into the Zoom webinar using the information provided below. Please use the "raise hand" feature to indicate your desire to provide public comment.
•
Zoom webinar link:
https://us02web.zoom.us/j/82722747698?pwd=aWZpTzcwTHlRTk9xaTlmWVNWRWFU QT09
•
• Password: 135692
Or Telephone Attendee: 1 (408) 638-0968 or 1 (669) 900-6833 or 1 (346) 248-7799; Webinar ID: 827 2274 7698; Password: 135692: Press *9 to raise hand for public comment.
•
• Meetings are also broadcast on cable Channel 20 and streamed on the City's website.

Community Members are encouraged to submit agenda correspondence via email to the City Council at [email protected] prior to the meeting. Agenda correspondence received by 10:00 a.m. on the meeting day will be posted on the City website. •
Pages

1. ESTABLISH QUORUM AND CALL TO ORDER

2. MOMENT OF SILENCE

3. PLEDGE OF ALLEGIANCE

4. REPORTS

4.a Closed Session Report

4.b Mayor and Councilmembers' Reports, Announcements and Presentations

4.c City Manager Reports, Announcements and Presentations

4.d Subcommittee Reports

5. RECOGNITION AND PRESENTATIONS

5.a Emergency Medical Services Week Proclamation

5.b National Police Week and National Peace Officers Memorial Day Proclamation

5.c Public Works Week Proclamation

6. PUBLIC COMMENT
Members of the audience wishing to address the Council on City business matters not on the agenda may do so at this time. For those desiring to speak on items on the agenda, but unable to stay for the item, may also address the Council at this time.

Public comment is an opportunity for members of the public to provide input to the governing body. To increase the effectiveness of the Public Comment Period, the City respectfully requests the following guidelines and expectations be followed:
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Those desiring to speak are asked to complete a speaker slip, which are located at the entrance, and submit it to the City Clerk. However, speaker slips are not required to provide public comment. •
When recognized by the Mayor, please come forward to the podium to speak. Though not required, it is helpful if you state your name, city of residence and whether you represent a business or group. Unless otherwise established by the Mayor, comments are to be limited to three minutes.
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All remarks should be addressed to Council, as a whole, and not to any individual member thereof.
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The Council respectfully requests that you refrain from making slanderous, profane or personal remarks against any elected official, commission and/or staff.
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Please refrain from public displays or outbursts such as unsolicited applause, comments or cheering.
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Any disruptive activities that substantially interfere with the ability of the City Council to carry out its meeting will not be permitted and offenders will be requested to leave the meeting.
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Your participation in City Council meetings is welcome and your courtesy will be appreciated.
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The Council in turn agrees to abide by its best practices of civility and civil discourse according to Resolution No. 07-19.
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7. CONSENT AGENDA
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.

Recommended Action
Approve Consent Agenda Items 7.a through 7.i. as submitted.

7.a Approval of Minutes
(City Clerk)
Recommended Action
Approve as submitted.

1. April 23, 2024 - Regular Council Meeting 7

2. April 23, 2024 - Special Closed Session Meeting 15

3. May 7, 2024 - Special Closed Session Meeting 17

7.b Approval of Proclamations
(City Clerk)
Recommended Action
Approve as submitted.

1. Proclamation declaring the week of May 19-25, 2024 as "Emergency Medical Services Week"
19 2. Proclamation proclaiming May as "National Foster Care Month" 20

3. Proclamation acknowledging "National Police Week" and declaring May 15, 2024 as "National Peace Officers Memorial Day"
21 4. Proclamation declaring National Public Works Week as May 19 through May 25, 2024 "Advancing Quality of Life for All" 22 5. Proclamation declaring May 19-25, 2024 as National Travel and Tourism Week
23 7.c Second Reading and Adoption of Ordinance No. 667 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
24 (City Clerk)
This item was pulled from the agenda.

7.d Approve the Required Annual Military Equipment Use Report er CA Assembly Bill No. 481 and Renew City's Military Equipment Policy 30 (Police Department)
Recommended Action
Approve the submitted annual military equipment report as compliant with standards of Assembly Bill No. 481 (approved 2021); and approve a renewal of the military equipment policy previously adopted by Council by ordinance.

7.e Professional Services Agreement to Brady and Associates for 70

Conditions Assessment of Revetment and Seawalls
(Public Works Department)
Recommended Action
Authorize the City Manager to execute an agreement with Richard Brady and Associates (Brady) to perform an Inspection and Conditions Assessment of Revetment and Seawalls (Assessment) in an amount not to exceed $287,315.00, with an additional 5% contingency budget of $14,365.75 executable by the City Manager.

7.f Approval of Contract Amendment with Cannon Corporation and Project budget Amendment for Kings Tanks and Blanca Tanks Rehabilitation Project
190
(Public Works Department)
Recommended Action
Authorize the City Manager to execute Amendment No. 2 to the Professional Services Contract with Cannon Corporation (Cannon) for the completion of the Kings Tanks and Blanca Tanks Rehabilitation Project. This amendment is in the amount of $10,050. Additionally, approval of this amendment signifies Council's authorization of a corresponding project budget increase by the same amount, $10,050.

7.g Preliminary Schedule for Morro Bay 60th Anniversary Celebration of the City's Incorporation
197
(Recreation Services)
Recommended Action
Receive and file.

7.h Adoption of Resolution Amending Council Policies and Procedures related to Order of Business for Regular Meetings
199
(City Clerk)
Recommended Action
Adopt Resolution No. 27-24 amending Council Policies and Procedures subsection 1.2.7 to add Subcommittee Reports to the Order of Business for Regular Meetings

7.i Contract Amendment No. 1 - Project No. MB2022-MA01, Morro Bay Parking Lot Rehabilitation
202
(Public Works Department)
This item was pulled from the agenda.

8. PUBLIC HEARING ITEMS
None

9. BUSINESS ITEMS

9.a San Luis Obispo Council of Governments (SLOCOG) Presentation "Get Involved: Regional Road Safety Action Plan"
207
(City Manager)
Recommended Action
Receive update and encourage public engagement and participation in upcoming activities related to the SLOCOG Road to Zero Safety Action Plan.

9.b Adoption of Resolution No. 28-24 Approving the Engineer's Report and Declaring the Intent to Levy the Annual Assessment for the Cloisters Landscaping and Lighting Maintenance Assessment District (LLMAD) 224
(Public Works Department)
Recommended Action
Adopt Resolution No. 28-24 declaring the intent to levy the annual assessment for the maintenance of the Cloisters Park and Open Space for Fiscal Year (FY) 2024/25 and approving the Engineer’s Report.

9.c Adoption of Resolution No. 29-24 Approving the Engineer's Report and Declaring the Intent to Levy the Annual Assessment for the North Point Natural Area - Landscaping and Lighting Maintenance Assessment District
252
(Public Works Department)
Recommended Action
Adopt Resolution No. 29-24 approving the Engineer’s Report and declaring the intent to levy the annual assessment for maintenance of the North Point Natural Area for Fiscal Year (FY) 2024/2025.

9.d Discussion of Recommendations for improvements to the Harbor Department Lease Management Policy
267
(Harbor Department)
Recommended Action
Receive a report on the Harbor Director's recommended improvements to the Harbor Department Lease Management Policy and authorize implementation. Alternatively, provide direction on changes to these recommendations.

9.e Review and possible Approval of a One-Year Lease Agreement for 695 Harbor Street property as Chamber office space and the Scope of Work for Fiscal Year (FY) 24-25 Economic Development Services Contract with Morro Bay Chamber of Commerce
389
(City Manager)
Recommended Action
Review and approve a one-year Lease Agreement for office space at 695 Harbor Street and Scope of Work for a one-year

1.

Economic Development Services Contract with the Morro Bay Chamber of Commerce for FY 24/25.

Review, approve and/or revise the proposed scope of services for a new economic development agreement with the Chamber and authorize the City Manager to execute an agreement, subject to approval as to form by the City Attorney, with Chamber to provide such services approved by Council.

2. 10. COUNCIL DECLARATION OF FUTURE AGENDA ITEMS

11. ADJOURNMENT
The next Regular Meeting will be held on May 28, 2024.

This agenda is subject to amendment up to 72 hours prior to the date and time set for the meeting. Please refer to the agenda posted at City Hall, 595 Harbor Street, Morro Bay, CA 93442 for any revisions or call the Clerk's office at (805) 772-6205 for further information.

Materials related to an item on this agenda submitted to the City Council after distribution of the agenda packet are available for public inspection upon request by calling the City Clerk's office at (805) 772-6205.

In compliance with the Americans Disability Act, if you need special assistance to participate in a City meeting, please contact the Clerk's office 24 hours prior to the meeting to insure reasonable arrangements can be made to provide accessibility to the meeting.

1 MINUTES - MORRO BAY CITY COUNCIL

REGULAR MEETING
April 23, 2024, 5:30 p.m.

Veterans Memorial Hall, 209 Surf St., Morro Bay, CA
Members Present: Mayor Carla Wixom
Council Member Zara Landrum
Council Member Laurel Barton
Council Member Cyndee Edwards
Council Member Jennifer Ford
Staff Present: City Manager Yvonne Kimball
City Attorney Chris Neumeyer
City Clerk Dana Swanson
Interim Finance Director Emily Conrad
Public Works Director Greg Kwolek
Interim Comm Dev Director Michael Codron
Police Chief Amy Watkins
Fire Chief Dan McCrain
Harbor Director Ted Schiafone
Management Analyst Janeen Burlingame
_____________________________________________________________________

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

2 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.

3 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
b. April 9, 2024 - Special Closed Session Meeting

7.b Third Quarter Investment Report (period ending March 31, 2024) for Fiscal Year (FY) 2023-24

4 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
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)
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) 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 Support Recreation staff’s choice to partner with Mayor Wixom on the City of Morro Bay 60th Anniversary event planning.

7.g Arbor Day Proclamation
Approve the attached proclamation in support of Arbor Day and being a Tree City USA community.

5 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
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 Council Member Ford declared a conflict on this item. (Council Member Ford announced she would abstain from the vote after hearing public

6 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
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

7 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
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
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.

8 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.
/s/ Dana Swanson, City Clerk

1 MINUTES - MORRO BAY CITY COUNCIL

CLOSED SESSION MEETING
April 23, 2024, 3:00 p.m.

City Hall Conference Room
595 Harbor Street, Morro Bay, CA 93442
Members Present: Mayor Carla Wixom
Council Member Zara Landrum
Council Member Laurel Barton
Council Member Cyndee Edwards
Council Member Jennifer Ford
Staff Present: City Manager Yvonne Kimball
City Attorney Chris Neumeyer
Interim Finance Director Emily Conrad
Human Resources/Risk Manager Rachael Hendricks
_____________________________________________________________________

1. ESTABLISH QUORUM AND CALL TO ORDER
Mayor Wixom called the meeting to order at 3:00 p.m., with all members present.

2. SUMMARY OF CLOSED SESSION ITEMS

3. CLOSED SESSION PUBLIC COMMENT
City Manager Yvonne Kimball offered comments on Item 4.b as she was not able to attend the meeting during Council discussion of that item. She left a list with the City Attorney of items she noticed in her predecessor's contract she hoped Council would consider for parity purposes. She thanked the Council for the step increase and shared she enjoys her work and looks forward to the future.

4. THE COUNCIL WILL CONVENE IN CLOSED SESSION

4.a CONFERENCE WITH LABOR NEGOTIATORS
City Designated Representative: Rachael Hendricks, Human Resources/Risk Manager
Employee Organizations: Morro Bay Firefighters' Association; Morro Bay Peace Officers' Association; Service Employees' International Union (SEIU) Local 620; and unrepresented Management, Confidential and Executive Employees

4.b CONFERENCE WITH LABOR NEGOTIATORS

2 City Designated Representative: Chris F. Neumeyer, City Attorney Unrepresented employee, as defined by Government Code subdivision 54957.6: City Manager

4.c PUBLIC EMPLOYEE PERFORMANCE EVALUATION
Conduct an employee evaluation of the City Attorney pursuant to Government Code section 54957

5. RECONVENE IN OPEN SESSION
The City Council reconvened in Open Session. The Council did not take any reportable action in accordance with the Brown Act.

6. ADJOURNMENT
The meeting adjourned at 5:25 p.m.

Respectfully submitted,
/s/ Dana Swanson, City Clerk

1 MINUTES - MORRO BAY CITY COUNCIL

CLOSED SESSION MEETING
May 7, 2024, 3:00 p.m.

City Hall Conference Room
595 Harbor Street, Morro Bay, CA 93442
Members Present: Mayor Carla Wixom
Council Member Zara Landrum
Council Member Laurel Barton
Council Member Cyndee Edwards
Council Member Jennifer Ford
Staff Present: City Manager Yvonne Kimball
City Attorney Chris Neumeyer
Finance Director Emily Conrad
Harbor Director Ted Schiafone
Human Resources/Risk Manager Rachael Hendricks
_____________________________________________________________________

1. ESTABLISH QUORUM AND CALL TO ORDER
Mayor Wixom called the meeting to order at 3:00 p.m. with all members present.

2. SUMMARY OF CLOSED SESSION ITEMS

3. CLOSED SESSION PUBLIC COMMENT
Mayor Wixom opened public comment for items on the agenda; seeing none, the public comment period was closed.

4. THE COUNCIL WILL CONVENE IN CLOSED SESSION

4.a CONFERENCE WITH LABOR NEGOTIATORS
City Designated Representatives: Rachael Hendricks, Human Resources/Risk Manager; Yvonne Kimball, City Manager
Employee Organizations: Morro Bay Firefighters' Association; Morro Bay Peace Officers' Association; Service Employees' International Union (SEIU) Local 620; and Unrepresented Management, Confidential and Executive Employees

4.b CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Significant exposure to litigation pursuant to Government Code subdivision 54956.9(d)(2): One Matter

2 5. RECONVENE IN OPEN SESSION
The City Council reconvened in Open Session. The Council did not take any reportable action in accordance with the Brown Act.

6. ADJOURNMENT
The meeting adjourned at 5:12 p.m.

Respectfully submitted,
/s/ Dana Swanson, City Clerk

AGENDA NO: 7.b.1
MEETING DATE: May 14, 2024

A PROCLAMATION OF THE CITY COUNCIL

OF THE CITY OF MORRO BAY
DECLARING THE WEEK OF MAY 19-25, 2024 AS
“EMERGENCY MEDICAL SERVICES WEEK”

THE CITY COUNCIL
City of Morro Bay, California
WHEREAS, emergency medical services is a vital public service; and WHEREAS, the members of emergency medical services teams are ready to provide lifesaving care to those in need 24 hours a day, seven days a week; and WHEREAS, access to quality emergency care dramatically improves the survival and recovery rate of those who experience sudden illness or injury; and WHEREAS, emergency medical services has grown to fill a gap by providing important, out of hospital care, including preventative medicine, follow-up care, and access to telemedicine; and
WHEREAS, the emergency medical services system consists of first responders, emergency medical technicians, paramedics, emergency medical dispatchers, firefighters, police officers, educators, administrators, pre-hospital nurses, emergency nurses, emergency physicians, trained members of the public, and other out of hospital medical care providers; and WHEREAS, the members of emergency medical services teams, whether career or volunteer, engage in thousands of hours of specialized training and continuing education to enhance their lifesaving skills; and
WHEREAS, it is appropriate to recognize the value and the accomplishments of emergency medical services providers by designating Emergency Medical Services Week.

NOW THEREFORE, BE IT RESOLVED, that the Morro Bay City Council does hereby proclaim the week of May 19-25, 2024, as “Emergency Medical Services Week”. The 50th Anniversary of EMS Week theme is EMS WEEK: Honoring Our Past. Forging Our Future.

IN WITNESS WHEREOF I have hereunto
set my hand and caused the seal of the
City of Morro Bay to be affixed this 14th
day of May, 2024
________________________________
Carla Wixom, MAYOR
City of Morro Bay, California

AGENDA NO: 7.b.2
MEETING DATE: May 14, 2024

A PROCLAMATION OF THE CITY COUNCIL

OF THE CITY OF MORRO BAY
PROCLAIMING MAY AS “NATIONAL FOSTER CARE MONTH”

THE CITY COUNCIL
City of Morro Bay, California
WHEREAS, the City of Morro Bay recognizes the importance of providing children safe, healthy and loving homes when they are unable to remain in the home of their biological family; and
WHEREAS, there are more than 420,000 children in the United States in the foster care system; and
WHEREAS, more than 60,000 children in California are in the foster care system; and WHEREAS, there are over 250 children, youth, and teenagers in the County of San Luis Obispo who are in the foster care system; and
WHEREAS, to help these children have a healthy, loving and stable home environment where they can thrive and feel connected to a community that cares for them, and to support the resource families that provide these critical homes, the City of Morro Bay is acknowledging National Foster Care Month to raise awareness about the need for more resource family homes in our county for local children and join other organizations to celebrate resource families in our community; and
WHEREAS, this effort, along with similar celebrations in all 50 states and the District of Columbia, will offer children the chance to live with healthy, loving, and stable resource families when they cannot live with their birth families and encourage other dedicated individuals to make a powerful difference in the lives of a child through resource family care.

NOW, THEREFORE, BE IT RESOLVED, that the City Council for the City of Morro Bay does hereby proclaim May as “National Foster Care Month” in the City of Morro Bay and in so doing, urge all citizens to join in a national effort to raise awareness about the importance of foster care and resource family care.

IN WITNESS WHEREOF: I have hereunto
set my hand and caused the seal of the
City of Morro Bay to be affixed this 14th
day of May, 2024
____________________________________

CARLA WIXOM, MAYOR
City of Morro Bay, California

AGENDA NO: 7.b.3
MEETING DATE: May 14, 2024

A PROCLAMATION OF THE CITY COUNCIL

OF THE CITY OF MORRO BAY
ACKNOWLEDGING “NATIONAL POLICE WEEK”
AND DECLARING MAY 15, 2024 AS
“NATIONAL PEACE OFFICERS MEMORIAL DAY”

CITY COUNCIL
City of Morro Bay, California
WHEREAS, in 1962, President Kennedy established “National Police Week;” and WHEREAS, we are honored to observe “National Police Week” from May 12-18, 2024 and May 15, 2024 as “National Peace Officers Memorial Day;” and WHEREAS, for generations, brave Peace Officers have answered the call to serve and protect our communities and our Nation, often in dangerous and unpredictable circumstances, embodying courage, honor, and pride and representing the best of the law enforcement profession; and
WHEREAS, today we recognize and honor the sacrifice of our fallen Heroes, Peace Officers in California and Nationally who bravely and unselfishly gave their lives in the line of duty in the protection and service of others; and
WHEREAS, the City of Morro Bay expresses our respect and appreciation for the bravery, service and professionalism of the Morro Bay Peace Officers and Peace Officers throughout the San Luis Obispo County and Nationwide, as they serve and protect us.

NOW, THEREFORE, BE IT RESOLVED, that the Morro Bay City Council does hereby call upon all Morro Bay community members to observe and acknowledge this day, Wednesday, May 15, 2024, as “Peace Officers Memorial Day,” and the week of May 12-18, 2024 as “National Police Week” in honor of fallen Peace Officers who, through their courageous deeds, have made the ultimate sacrifice in the service of their communities. We recognize and pay respect to these Heroes and their families.

IN WITNESS WHEREOF I have hereunto
set my hand and caused the seal of the City
of Morro Bay to be affixed this 14th day of
May, 2024

CARLA WIXOM, MAYOR
City of Morro Bay, California

AGENDA NO: 7.b.4
MEETING DATE: May 14, 2024

A PROCLAMATION OF THE CITY COUNCIL

OF THE CITY OF MORRO BAY

DECLARING NATIONAL PUBLIC WORKS WEEK
MAY 19 THROUGH MAY 25, 2024
“ADVANCING QUALITY OF LIFE FOR ALL”

THE CITY COUNCIL
City of Morro Bay, California
WHEREAS, public works professionals focus on infrastructure, facilities, emergency management, and services that are of vital importance to sustainable and resilient communities and the public health, high quality of life, and well-being of the people of the City of Morro Bay; and
WHEREAS, these infrastructures, facilities, and services could not be provided without the dedicated efforts of public works professionals, who are federally mandated first responders, and the engineers, managers, utility workers, maintenance workers, leads, analysts, operators, and support staff at all levels of government and our private sector partners, who are responsible for rebuilding, maintaining, improving, and protecting our nation’s transportation, water supply, water treatment and solid waste systems, wastewater systems, public buildings, parks, streets, sidewalks, storm drains, bikeways, street trees and other structures and facilities essential for our citizens; and
WHEREAS, it is in the public interest for the citizens, civic leaders, and children in the City of Morro Bay to gain knowledge and maintain ongoing interest and understanding of the importance of public works first responders and public works programs in their respective communities; and
WHEREAS, the year 2024 marks the 64th annual National Public Works Week sponsored by the American Public Works Association/Canadian Public Works Association; and WHEREAS, the women and men comprising the Public Works Department in the City of Morro Bay are dedicated to building, maintaining, and beautifying our critical infrastructure in the service of improvements in quality of life for Morro Bay residents and visitors through projects such as the Water Reclamation Facility program, which will provide long-term water supply resiliency, and street paving, which will provide for safe driving surfaces and extend the life of City streets infrastructure.

NOW, THEREFORE, BE IT RESOLVED, that the Morro Bay City Council does hereby designate the week May 19–25, 2024, as National Public Works Week; urge all citizens to join with representatives of the American Public Works Association and government agencies in activities, events, and ceremonies designed to pay tribute to our public works professionals, engineers, managers, and employees and to recognize the substantial contributions they make to protecting our national health, safety, and quality of life.

IN WITNESS WHEREOF: I have hereunto set my
hand and caused the seal of the City of Morro Bay
to be affixed this 14th day of May, 2024
_________________________________________
Carla Wixom, Mayor
City of Morro Bay, California

AGENDA NO: 7.b.5
MEETING DATE: May 14, 2024

A PROCLAMATION OF THE CITY COUNCIL

OF THE CITY OF MORRO BAY
DECLARING MAY 19-25 2024 AS

NATIONAL TRAVEL & TOURISM WEEK

THE CITY COUNCIL
City of Morro Bay, California
WHEREAS, the travel and tourism industry is essential to the success of every industry and will continue to be a critical part of Morro Bay’s economy, development, and workforce; and WHEREAS, tourism is an economic powerhouse for every state and destination across the country, with an economic output of $2.8 trillion, supporting 15 million American jobs; and WHEREAS, the California tourism industry’s resilience has seen travel spending surpass the record $144.9 billion spent in 2019, overcoming the devastating impacts of the pandemic; and WHEREAS, tourism enables success for all industries—including manufacturing, agriculture, defense, healthcare and more—by driving sales growth, innovation, education, and operations that power our economy, our nation, and our community; and WHEREAS, the Morro Bay, California tourism industry annually attracts over 1.7 million visitors, generates an estimated 255,000 hotel/motel and short-term vacation rental overnight stays, provides an overall economic hotel/motel impact to the City of Morro Bay, California of over $39 million and raises over $4.3 million in transient occupancy tax; and WHEREAS, tourism is an essential industry, and we must continue to communicate that growing travel and tourism leads to economic growth, benefits businesses, fosters mutual understanding, and connects the nation; and
WHEREAS, the California Legislature in 2016 declared every May as California Tourism Month to celebrate the positive economic impact of tourism in California; and WHEREAS, Visit Morro Bay is the official destination marketing organization for the City of Morro Bay and leads the tourism community in the Morro Bay region through marketing, branding, and selling Morro Bay to our visitors; advocating for our tourism ecosystem; and sharing critical industry data; and
WHEREAS, Visit SLO CAL is the countywide destination marketing and management organization responsible for promoting SLO CAL communities as an attractive travel region strengthening our regional economy.

NOW, THEREFORE, BE IT RESOLVED, that the Morro Bay City Council does hereby proclaim May 19-25, 2024, as National Travel and Tourism Week in Morro Bay, California and commend Visit Morro Bay and Visit SLO CAL for their work promoting tourism and urge residents to join me in recognizing the critical role this industry plays in our community and state.

IN WITNESS WHEREOF I have hereunto
set my hand and caused the seal of the
City of Morro Bay to be affixed this 14th
day of May, 2024
________________________________
Carla Wixom, MAYOR
City of Morro Bay, California Page 23 of 451
Prepared By: _DS_____ Dept Review: _______
City Manager Review: __YK___ City Attorney Review: __CFN_ _
Staff Report
TO: Honorable Mayor and City Council DATE: April 25, 2024 FROM: Dana Swanson, City Clerk
SUBJECT: Second Reading and Adoption of Ordinance No. 667 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

RECOMMENDED ACTION
Adopt by second 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.

ALTERNATIVES
The Council may choose not to adopt Ordinance No. 667 and provide direction as deemed appropriate by a majority of the Council.

FISCAL IMPACT
Implementation of NetFile will result in substantial staff time savings currently spent reviewing, requesting amendments, scanning, redacting and uploading campaign disclosure statements to the City website for public review.

BACKGROUND/DISCUSSION
Ordinance No. 667 was introduced for first reading at the April 23, 2024, City Council meeting. Linked is the Council Agenda staff report (Item 9.b) for reference.

At the April 9, 2024 Regular Meeting, staff presented a proposed Ordinance implementing an electronic and paperless filing of campaign disclosure statements and statements of economic interests (Form 700s). Following public comment and Council discussion, the City Council directed staff to return with a revised version of the ordinance allowing the city clerk to make limited exceptions to the electronic filing requirement. To ensure the same opportunity to comply with the Political Reform Act Is afforded to all committees/individuals, including those who do not have computer access or familiarity with computer programs, the revised ordinance authorizes the city clerk in their sole discretion to make limited exceptions to the requirement for electronic filing and accept statements in paper format submitted by those who do not have computer access or familiarity with computer programs.

AGENDA NO: 7.c
MEETING DATE: May 14, 2024

01181.0001/766043.1
This would essentially create an Opt-In/Out Program whereby a committee/individual who chooses to file a report electronically is deemed “opted in” and shall be required to file all future statements electronically using the City Clerk’s system. On the other hand, any committee/individual who the city clerk determines does not have computer access or familiarity with computer programs, would be allowed to file paper only until such time the committee/individual “opts-in” to electronic filing. The ordinance also provides that either by amendment of the new chapter, or by resolution, the Council may remove this exception in the future.

ATTACHMENT(S)

1. Ordinance No. 667

Ordinance No. 667

ORDINANCE NO. 667

AN ORDINANCE OF THE CITY COUNCIL

OF THE CITY OF MORRO BAY, CALIFORNIA,
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

THE CITY COUNCIL
City of Morro Bay, California

THE CITY COUNCIL OF THE CITY OF MORRO BAY, CALIFORNIA FINDS AND ORDAINS AS FOLLOWS:

SECTION 1. Purpose and Authority. The purpose of this Ordinance is to require the filing of Campaign Disclosure Statements and Statements of Economic Interest by elected officials, candidates, staff, consultants, or committees to be completed electronically. The City Council enacts this Ordinance in accordance with the authority granted to cities by state law. This Ordinance is intended to supplement, and not conflict with, the Political Reform Act.

SECTION 2. Findings.

The City Council of the City of Morro Bay finds and determines as follows:

A. That California Government Code Section 84615 provides that a legislative body of a local government agency may adopt an ordinance that requires an elected officer, candidate, or committee, required to file statements, reports, or other documents required by Chapter 4 of the Political Reform Act, to file such statements, reports, or other documents online or electronically with the City Clerk.

B. In any instance in which the original statement is required to be filed with the Secretary of State and a copy of that statement is required to be filed with the City, the filer is permitted, but not required, to file a copy electronically.

C. The City Clerk’s web-based system contains multiple safeguards to protect the integrity and security of the data, will operate securely and effectively, and will not unduly burden filers.

D. The City Clerk will operate the electronic filing system in compliance with the requirements of California Government Code Section 84615 and any other applicable laws.

E. This Ordinance is not a project within the meaning of Section 15378 of the CEQA Guidelines because it has no potential for resulting in either a direct or reasonably foreseeable indirect physical change in the environment, either directly or ultimately. In the event that the Ordinance is found to be a project under CEQA, it is subject to the CEQA exemption contained in CEQA Guidelines section 15061(b)(3) because it can be seen with certainty to have no possibility to have a significant effect on the environment.

SECTION 3. Addition of Electronic Filing System for Campaign Disclosure Statements and Statements of Economic Interest. A new Morro Bay Municipal Code Chapter

Ordinance No. 667

2.48, “Electronic Filing of Campaign Disclosure Statements and Statements of Economic Interest,” is hereby added to the Morro Bay Municipal Code to read as follows:

2.48.010 Definitions
For the purposes of this chapter, the following words, terms and phrases shall be defined as follows:

A. “Electronic filing system” means a system established by the city clerk pursuant to Section 84615 of the Government Code for electronic filing of statements, as defined herein.

B. “Filer” means any elected officer, candidate, committee, or other person required to file statements, as defined herein.

C. “Statements” shall mean any statements, reports, or other documents that filers must file in accordance with Chapter 4 of the Political Reform Act (“Government Code Section 84100, et seq.) for the filing of statements.

2.48.020 Electronic Filing System.

A. Pursuant to Government Code section 84615, the city clerk may establish an electronic filing system for the filing of statements.

B. The electronic filing system shall meet the following requirements:
a. Comply with all requirements set forth in Section 84615 of the Government Code. b. Ensure the integrity of data transmitted, including by establishing safeguards against efforts to tamper with, manipulate, alter, or subvert data. c. Accept filing in the standardized record format developed by the California Secretary of State pursuant to Section 84602(a)(2) of the California Government Code, compatible with the Secretary of State’s system for receiving an online or electronic filing.
d. Include a procedure for filers to comply with the requirement that they sign statements and reports under penalty of perjury pursuant to Section 81004 of the Government Code.

2.48.030 Required Online Filing.

A. Upon establishment of an electronic filing system by the city clerk pursuant to Section

2.48.020(A), each filer shall file statements using the city clerk’s electronic filing system according to procedures established by the city clerk. These requirements are not applicable to an officer, candidate, committee or other person that is exempt pursuant to California Government Code Section 84615 as may be amended or renumbered.

B. Notwithstanding subdivision 2.48.030(A), the city clerk in their sole discretion may allow exceptions to the requirement for electronic filing so as to accept statements in paper format submitted by filers who do not have computer access or familiarity with computer programs, until such time as the City Council determines, by resolution or amendment of this chapter, that application of subdivision 2.48.030(A) will have no exceptions.

C. Filers who have electronically filed a statement using the city clerk’s electronic filing system are not required to file copies of that document in paper format with the city clerk.

D. Filers shall file statements in paper format with the city clerk if the electronic filing system is not capable of accepting a statement for any reason.

E. The electronic filing system shall allow filers to complete and submit statements free of charge.

2.48.040 Availability of Statements for Public Review; Record Retention.

A. The city clerk shall make available on the city’s website all data filed pursuant to this

Ordinance No. 667

chapter in an easily understood format that provides the greatest feasible public access.

Data shall be made available free of charge and as soon as possible after receipt.

B. Data made available on the city’s webpage shall not contain the street name and building number of the persons or entity representatives listed on the electronically filed forms or any bank account number required to be disclosed by the filer. A complete, unredacted copy of the statement shall be made available to any person upon request to the city clerk’s office.

C. The city clerk’s office shall maintain online or electronic statements in compliance with State law and the city’s adopted record retention schedule.” SECTION 4. Effective Date.

This Ordinance shall be in full force and effect thirty (30) days after its passage and adoption.

SECTION 5. Severability.

If any provision of this Ordinance or its application is held invalid by a court of competent jurisdiction, such invalidity shall not affect other provisions, sections, or applications of the Ordinance which can be given effect without the invalid provision or application and to this end each phrase, section, sentence, or word is declared to be severable.

SECTION 5. Certification.

The City Clerk shall certify as to the passage and adoption of this ordinance, and the City Clerk shall cause the same to be posted and codified in the manner required by law.

INTRODUCED at a regular meeting of the City Council held on the 23rd day of April 2024, by motion of Council Member Barton and seconded by Council Member Ford.

PASSED AND ADOPTED on the _______ day of _______________, 2024 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

RECUSE:
____________________________
CARLA WIXOM, Mayor
ATTEST:
________________________________
DANA SWANSON, City Clerk
APPROVED AS TO FORM:
_________________________________
CHRIS F. NEUMEYER, City Attorney

Ordinance No. 667

STATE OF CALIFORNIA )

COUNTY OF SAN LUIS OBISPO )

CITY OF MORRO BAY )
I, Dana Swanson, CITY CLERK OF THE CITY OF MORRO BAY, DO HEREBY CERTIFY that the foregoing Ordinance Number 667 was duly adopted by the City Council of the City of Morro Bay at a regular meeting of said Council on the ____ day of ______ 2024, and that it was so adopted by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

RECUSE:

IN WITNESS WHEREOF I have hereunto set my hand and affixed the official seal of the City of Morro Bay, California, this ____day of ______, _____. _________________________________________
DANA SWANSON, City Clerk

Prepared By: _AW_____ Dept Review: _______
City Manager Review: _YK____ City Attorney Review: _CFN__ _
Staff Report
TO: Honorable Mayor and City Council DATE: May 1, 2024
FROM: Police Chief Amy Watkins
SUBJECT: Approve the Required Annual Military Equipment Use Report per CA Assembly Bill No. 481 and Renew City’s Military Equipment Policy

RECOMMENDED ACTION
Approve the submitted annual military equipment report as compliant with standards of Assembly Bill No. 481 (approved 2021); and approve a renewal of the military equipment policy previously adopted by Council by ordinance.

ALTERNATIVES
Do not approve the military equipment report and/or do not approve renewal of the military equipment policy.

FISCAL IMPACT
No current fiscal impacts at this time. There are no new financial considerations for existing/currently owned equipment and/or munitions.

BACKGROUND
Assembly Bill 481 (AB 481 or the Bill) approved 2021, codified in Government Code sections 7070 through 7075, requires a law enforcement agency (LEA) to obtain approval from the applicable governing body, via adoption of a “Military Equipment” use policy (the Policy) by ordinance (the Ordinance), prior to the LEA funding, acquiring, or using military equipment. The City Council has previously adopted the Ordinance. The Morro Bay Police Department (MBPD) seeks City Council renewal pursuant to State law of the adopted ordinance of the attached Military Equipment Use Policy – MBPD Policy #707 (Exhibit “A”), in order to allow MBPD to continue to use the vital equipment specified therein, as well as continue to use equipment operated through our Regional S.W.A.T. (Special Weapons and Tactics) Team and allied agencies as would be requested in emergency situations.

Items deemed to be “military equipment” by AB 481 are used as a component of overall best practices for Law Enforcement Agencies (LEAs) throughout the country. These tools have been tested in the field and are used by LEAs to enhance citizen and officer safety. Loss of these items would jeopardize AGENDA NO: 7.d
MEETING DATE: May 14, 2024

the welfare of citizens and peace officers within the City of Morro Bay and surrounding communities.

The term “military equipment”, as used in AB 481, in fact does not necessarily indicate equipment that has been used by the military. Pursuant to AB 481, items deemed to be “military equipment” include, but are not limited to, unmanned aerial or ground vehicles, armored vehicles, command and control vehicles, pepper balls, less lethal shotguns, less lethal 40mm projectile launchers, long range acoustic devices, and flashbangs.

MBPD is committed to using the most up to date tools and equipment to safeguard the citizens of Morro Bay. Many of the items deemed to be “military equipment” by AB 481 are in fact employed by MBPD, and LEAs across the country, in order to specifically reduce risk to community members.

These items provide peace officers with the ability to safely resolve volatile situations which otherwise might rise to the level of a lethal force encounter. To that end, the items at issue in this report, and accompanying Military Equipment Use Policy, also provide MBPD’s peace officers with vital tools that facilitate compliance with its stringent use of force policy.

Other items deemed to be “military equipment” via AB 481 include foundational equipment such as rifles. These rifles allow peace officers to address lethal threats from a greater distance and with greater precision.

Along with seeking authorization to use preexisting equipment, the MBPD also seeks authorization to continue to partner with and utilize (by request) the assistance of our Regional SWAT team and allied agencies, and the equipment owned/utilized by these agencies as members of this regional team travel between our communities to provide emergency law enforcement assistance (as outlined in AB481).

DISCUSSION
On April 12, 2022, the Morro Bay City Council adopted City Ordinance in accordance with CA Assembly Bill 481, Military Use Equipment Policy. Council was presented with Morro Bay Police Department Military Equipment Policy #707, and the current Morro Bay Police Department Equipment Inventory List as required by AB 481.

The Council approved the use of the listed military equipment by Morro Bay Police Department as presented by Chief Jody Cox including the background documented in this staff report. Please refer to the attached MBPD Equipment Inventory (Exhibit “B”) and Annual Use Report of Military Equipment (Exhibit “C”) for the submitted report.

The report is being submitted to Council as a requirement of AB 481 listed in Government Code section 7072(a) which states:
“A law enforcement agency that receives approval for a military equipment use policy pursuant to Section 7071 shall submit to the governing body an annual military equipment report … [which] shall, at a minimum, include the following information for the immediately preceding calendar year for each type of military equipment:

1. A summary of how the military equipment was used and the purpose of its use.

2. A summary of any complaints or concerns received concerning the military equipment.

3. The results of any internal audits, any information about violations of the military equipment use policy, and any actions taken in response.

4. The total annual cost for each type of military equipment, including acquisition, personnel, training, transportation, maintenance, storage, upgrade, and other ongoing costs, and from what source funds will be provided for the military equipment in the

calendar year following submission of the annual military equipment report.

5. The quantity possessed for each type of military equipment.

6. If the law enforcement agency intends to acquire additional military equipment in the next year, the quantity sought for each type of military equipment. “The governing body shall determine, based on the annual military equipment report submitted pursuant to Section 7072, whether each type of military equipment identified in that report has complied with the standards for approval set forth in subdivision (d). If the governing body determines that a type of military equipment identified in that annual military equipment report has not complied with the standards for approval set forth in subdivision (d), the governing body shall either disapprove a renewal of the authorization for that type of military equipment or require modifications to the military equipment use policy in a manner that will resolve the lack of compliance.” (Government Code section 7071(e)(2).)
“The governing body shall only approve a military equipment use policy pursuant to this chapter if it determines all of the following:
(A) The military equipment is necessary because there is no reasonable alternative that can achieve the same objective of officer and civilian safety.
(B) The proposed military equipment use policy will safeguard the public's welfare, safety, civil rights, and civil liberties.
(C) If purchasing the equipment, the equipment is reasonably cost effective compared to available alternatives that can achieve the same objective of officer and civilian safety. (D) Prior military equipment use complied with the military equipment use policy that was in effect at the time, or if prior uses did not comply with the accompanying military equipment use policy, corrective action has been taken to remedy nonconforming uses and ensure future compliance.” (Government Code section 7072(d)(1).)
“The governing body shall review any ordinance that it has adopted pursuant to this section approving the funding, acquisition, or use of military equipment at least annually and, subject to [Government Code section 7071(e)(2)], vote on whether to renew the ordinance at a regular meeting…” (Government Code section 7071(e)(1).)

CONCLUSION
Assembly Bill 481, codified at California Government Code sections 7070 through 7057, previously required law enforcement agencies to obtain approval of the applicable governing body, by an ordinance adopting a “military equipment” use policy, at a regular meeting held pursuant to open meeting laws, prior to taking certain actions relating to the funding, acquisition, or use of military equipment. The Term “military equipment” is defined in California Government Code section 7070.

Assembly Bill 481 requires all law enforcement agencies submit an annual military equipment report for approval by Council as consistent with standards of AB 481 and the Council consider renewal of the current Military Equipment Policy previously adopted by ordinance by Council. These actions will allow the Morro Bay Police Department to continue to use the listed “military equipment”.

ATTACHMENTS

1. MBPD Policy #707 “Military Equipment” (Exhibit “A”)

2. MBPD Equipment Inventory (Exhibit “B”)

3. Ordinance No. 649 (Attached)

4. Annual Use Report of Military Equipment (Exhibit “C”)

Policy
707
Morro Bay Police Department
Morro Bay PD Policy Manual
Copyright Lexipol, LLC 2022/03/11, All Rights Reserved.

Published with permission by Morro Bay Police Department ***DRAFT*** Military Equipment - 1 Military Equipment
707.1 PURPOSE AND SCOPE
The purpose of this policy is to provide guidelines for the approval, acquisition, funding, use and reporting requirements of military equipment as the term is defined in Government Code § 7070; Government Code § 7071 and Government Code § 7072. This policy is provided to fulfill the obligations set forth in Assembly Bill No. 481 (2021-22). These obligations include but are not limited to seeking approval on specific items deemed to be military equipment and requirements related to compliance, annual reporting, cataloging, and complaints regarding these items. 707.1.1 PHILOSOPHY
The acquisition of military equipment and its deployment in our communities may impact the public’s safety and welfare. The public has a right to know about any funding, acquisition, or use of military equipment by local government officials, as well as a right to participate in any government agency’s decision to fund, acquire, or use such equipment. Decisions regarding whether and how military equipment is funded, acquired, or used should give strong consideration to the public’s welfare, safety, civil rights, and civil liberties, and should be based on meaningful public input. 707.1.2 DEFINITIONS
Definitions related to this policy include (Government Code § 7070):

Governing body – The elected or appointed body that oversees the Department.

Military equipment – Includes but is not limited to the following:
• Unmanned, remotely piloted, powered aerial or ground vehicles. • Mine-resistant ambush-protected (MRAP) vehicles or armored personnel carriers. • High mobility multipurpose wheeled vehicles (HMMWV), two-and-one-half-ton trucks, five-ton trucks, or wheeled vehicles that have a breaching or entry apparatus attached. • Tracked armored vehicles that provide ballistic protection to their occupants and utilize a tracked system instead of wheels for forward motion.. • Command and control vehicles that are either built or modified to facilitate the operational control and direction of public safety units. • Weaponized aircraft, vessels, or vehicles of any kind. • Battering rams, slugs, and breaching apparatuses that are explosive in nature. This does not include a handheld, one-person ram.
• Firearms and ammunition of_.50 caliber or greater, excluding standard-issue shotguns and standard-issue shotgun ammunition.
• Specialized firearms and ammunition of less than_.50 caliber, including firearms and accessories identified as assault weapons in Penal Code § 30510 and Penal Code § 30515, with the exception of standard-issue firearms and ammunition of less than.50 caliber..

Morro Bay Police Department
Morro Bay PD Policy Manual
Military Equipment
Copyright Lexipol, LLC 2022/03/11, All Rights Reserved.

Published with permission by Morro Bay Police Department ***DRAFT*** Military Equipment - 2 • Any firearm or firearm accessory that is designed to launch explosive projectiles. • Noise-flash diversionary devices and explosive breaching tools. • Munitions containing tear gas or OC, excluding standard, service-issued handheld pepper spray.
• TASER® Shockwave, microwave weapons, water cannons, and long-range acoustic devices (LRADs).
• Kinetic energy weapons and munitions.
• Any other equipment as determined by a governing body or a state agency to require additional oversight.
707.2 POLICY
It is the policy of the Morro Bay Police Department that members of this department comply with the provisions of Government Code § 7070-7075 with respect to military equipment. 707.3 MILITARY EQUIPMENT COORDINATOR
The Chief of Police will designate a member of this department to act as the military equipment coordinator. The responsibilities of the military equipment coordinator include but are not limited to:
(a) Acting as liaison to the governing body for matters related to the requirements of this policy.
(b) Identifying department equipment that qualifies as military equipment in the current possession of the Department, or the equipment the Department intends to acquire that requires approval by the governing body.
(c) Conducting an inventory of all military equipment at least annually. (d) Collaborating with any allied agency that may use military equipment within the jurisdiction of Morro Bay Police Department (Government Code § 7071). (ie; Regional S.W.A.T. Team)
(e) Preparing for, scheduling, and coordinating the annual community engagement meeting to include:

1. Publicizing the details of the meeting.

2. Preparing for public questions regarding the department's funding, acquisition, and use of military equipment.
(f) Preparing the annual military equipment report for submission to the Chief of Police and ensuring that the report is made available on the department website (Government Code § 7072).
(g) Establishing the procedure for a person to register a complaint or concern, or how that person may submit a question about the use of a type of military equipment, and how the Department will respond in a timely manner.

Morro Bay Police Department
Morro Bay PD Policy Manual
Military Equipment
Copyright Lexipol, LLC 2022/03/11, All Rights Reserved.

Published with permission by Morro Bay Police Department ***DRAFT*** Military Equipment - 3 707.4 MILITARY EQUIPMENT INVENTORY
The following constitutes a list of qualifying equipment for the Department:
* See Attachment of defined Military Equipment Inventory List. 707.5 APPROVAL
The Chief of Police or the authorized designee shall obtain approval from the governing body by way of an ordinance adopting the military equipment policy. As part of the approval process, the Chief of Police or the authorized designee shall ensure the proposed military equipment policy is submitted to the governing body and is available on the department website at least 30 days prior to any public hearing concerning the military equipment at issue (Government Code § 7071). The military equipment policy must be approved by the governing body prior to engaging in any of the following (Government Code § 7071):
(a) Requesting military equipment made available pursuant to 10 USC § 2576a. (b) Seeking funds for military equipment, including but not limited to applying for a grant, soliciting or accepting private, local, state, or federal funds, in-kind donations, or other donations or transfers.
(c) Acquiring military equipment either permanently or temporarily, including by borrowing or leasing.
(d) Collaborating with another law enforcement agency in the deployment or other use of military equipment within the jurisdiction of this department. (e) Using any new or existing military equipment for a purpose, in a manner, or by a person not previously approved by the governing body.
(f) Soliciting or responding to a proposal for, or entering into an agreement with, any other person or entity to seek funds for, apply to receive, acquire, use, or collaborate in the use of military equipment.
(g) Acquiring military equipment through any means not provided above. 707.5.1 MILITARY EQUIPMENT USE CONSIDERATIONS

1. The military equipment acquired and authorized by the Department is:
a. Necessary because there is no reasonable alternative that can achieve the same objective of officer and civilian safety.
b. Reasonably cost effective compared to available alternatives that can achieve the same objective of officer and civilian safety.

2. Military equipment shall only be used by a Department employee only after applicable training, including any course required by the Commission on Peace Officer Standards and Training, has been completed, unless exigent circumstances arise.

Morro Bay Police Department
Morro Bay PD Policy Manual
Military Equipment
Copyright Lexipol, LLC 2022/03/11, All Rights Reserved.

Published with permission by Morro Bay Police Department ***DRAFT*** Military Equipment - 4 707.6 COORDINATION WITH OTHER JURISDICTIONS
Military equipment used by any member of this agency shall be approved for use and in accordance with this Department policy. The Morro Bay Police Department participates in the San Luis Obispo County Regional Special Weapons and Tactics (SWAT) team and works closely with other local, county, state and federal law enforcement partners in specific events which may include natural disasters, civil unrest, or high-risk criminal incidents. In planned or exigent circumstances, and with the approval of the Chief of Police or their designee, military equipment may be deployed by these law enforcement partners to promote the safety and security of the Morro Bay community. Military equipment used by other agencies/jurisdictions that are providing mutual aid to this jurisdiction shall comply with their respective AB481 compliant and approved military equipment use policies in rendering mutual aid. The Chief of Police or their designee will provide information during the annual report on the use of military equipment within the city limits of Morro Bay by other law enforcement partners.
707.7 ANNUAL REPORT
Upon approval of a military equipment policy, the Chief of Police or the authorized designee should submit a military equipment report to the governing body for each type of military equipment approved within one year of approval, and annually thereafter for as long as the military equipment is available for use (Government Code § 7072).

The Chief of Police or the authorized designee should also make each annual military equipment report publicly available on the department website for as long as the military equipment is available for use. The report shall include all information required by Government Code § 7072 for the preceding calendar year for each type of military equipment in department inventory.

The annual military equipment report shall, at a minimum, include the following information:
a. A summary of how the military equipment was used and the purpose of its use. b. A summary of any complaints or concerns received concerning the military equipment. c. The results of any internal audits, any information about violations of the military equipment use policy, and any actions taken in response.
d. The total annual cost for each type of military equipment, including acquisition, personnel, training, transportation, maintenance, storage, upgrade, and other ongoing costs, and from what source funds will be provided for the military equipment in the calendar year following submission of the annual military equipment report.
e. The quantity possessed for each type of military equipment. f. If MBPD intends to acquire additional military equipment in the next year, the quantity sought for each type of military equipment.
707.7.1 CATALOGING OF MILITARY USE EQUIPMENT
All military use equipment kept and maintained by the Morro Bay Police Department shall be cataloged in a way which addresses each of the following requirements:

Morro Bay Police Department
Morro Bay PD Policy Manual
Military Equipment
Copyright Lexipol, LLC 2022/03/11, All Rights Reserved.

Published with permission by Morro Bay Police Department ***DRAFT*** Military Equipment - 5 (a) The manufacturers description and/or general description of the equipment. (b) The capabilities of the equipment.
(c) The purposes and authorized uses for which the Department proposes to use the equipment.
(d) The expected lifespan of the equipment.
(e) The fiscal impact of the equipment, both initially and for on-going maintenance. (f) The quantity of the equipment, whether maintained or sought. (g) The legal and procedural rules that govern each authorized use. (h) The training, including any course required by the Commission on Peace Officer Standards and Training, that must be completed before any officer of this agency is allowed to use each specific type of military equipment to ensure the full protection of the public's welfare, safety, civil rights and civil liberties and full adherence to the military equipment use policy.
707.7.2 COMPLIANCE
(a) The Department Operations Commander will ensure that all Department members comply with this policy. The Commander will conduct an annual audit with the assistance of the Training Division and Range Master. The Chief of Police or designee will be notified of any policy violations and, if needed, the violation(s) will be referred to the Internal Affairs Division and handled in accordance with Dept. Policy. All instances of non-compliance will be reported to City Council via the annual military equipment report.
(b) Any member of the public can register a question or concern regarding military use equipment by contacting the Morro Bay Police Department via phone, email or in person. A response to the question or concern shall be completed by the Department in a timely manner.
(c) 3. Any member of the public can submit a complaint to any member of the Department and in any form (i.e. in person, telephone, email, etc.). Once the complaint is received, it should be routed to the Operations Commander in accordance with Dept. Policy #1012 (Personnel Complaints).
707.7.3 FUNDING
The Department shall seek council approval for military equipment, including, but not limited to, applying for a grant, soliciting or accepting private, local, state, or federal funds, in-kind donations, or other donations or transfers.

1. The Department has authority to apply for funding prior to obtaining council approval in the case of exigent circumstances. The Department shall obtain council approval as soon as practicable. 707.8 COMMUNITY ENGAGEMENT
Within 30 days of submitting and publicly releasing the annual report, the Department shall hold at least one well-publicized and conveniently located community engagement meeting, at which

Morro Bay Police Department
Morro Bay PD Policy Manual
Military Equipment
Copyright Lexipol, LLC 2022/03/11, All Rights Reserved.

Published with permission by Morro Bay Police Department ***DRAFT*** Military Equipment - 6 the Department should discuss the report and respond to public questions regarding the funding, acquisition, or use of military equipment.

MBPD Military Equipment Use Policy/Inventory List
The Morro Bay Police Department does not possess any tactical equipment that it has obtained from the military, nor does it possess any equipment that was designed for military use.

Regardless, California Assembly Bill No. 481 and Government Code §7071(b) requires that law enforcement agencies submit a proposed Military Equipment Use Policy to their governing body for approval.

California Government Code §7070 provides a list of equipment types that are considered to be “military equipment” for purposes of this policy requirement, and this Military Equipment Use Policy includes information for any such equipment types that are possessed by the Morro Bay Police Department, or reasonably likely to be deployed in Morro Bay by other law enforcement partners.

California Government Code §7070(d) describes a Military Equipment Use Policy as a publicly released, written document that includes, at a minimum, all of the following:

1. A description of each type of Military Equipment, the quantity sought, its capabilities, expected lifespan, and product descriptions from the manufacturer of the Military Equipment.

2. The purposes and authorized uses for which the law enforcement agency or the state agency proposes to use each type of Military Equipment.

3. The fiscal impact of each type of Military Equipment, including the initial costs of obtaining the equipment and estimated annual costs of maintaining the equipment.

4. The legal and procedural rules that govern each authorized use.

5. The training, including any course required by the Commission on Peace Officer Standards and Training, that must be completed before any officer, agent, or employee of the law enforcement agency or the state agency is allowed to use each specific type of Military Equipment to ensure the full protection of the public's welfare, safety, civil rights, and civil liberties and full adherence to the Military Equipment use policy.

6. The mechanisms to ensure compliance with the Military Equipment use policy, including which independent persons or entities have oversight authority, and, if applicable, what legally enforceable sanctions are put in place for violations of the policy.

7. For a law enforcement agency, the procedures by which members of the public may register complaints or concerns or submit questions about the use of each specific type of Military Equipment, and how the law enforcement agency will ensure that each complaint, concern, or question receives a response in a timely manner.

California Government Code § 7070(c) defines Military Equipment as any of the following:

1. Unmanned, remotely piloted, powered aerial or ground vehicles.

2. Mine-resistant ambush-protected (MRAP) vehicles or armored personnel carriers. However, police versions of standard consumer vehicles are specifically excluded from this subdivision.

3. High mobility multipurpose wheeled vehicles (HMMWV), commonly referred to as Humvees, two and one-half-ton trucks, five-ton trucks, or wheeled vehicles that have a breaching or entry apparatus attached. However, unarmored all-terrain vehicles (ATVs) and motorized dirt bikes are specifically excluded from this subdivision.

4. Tracked armored vehicles that provide ballistic protection to their occupants and utilize a tracked system instead of wheels for forward motion.

5. Command and control vehicles that are either built or modified to facilitate the operational control and direction of public safety units.

6. Weaponized aircraft, vessels, or vehicles of any kind.

7. Battering rams, slugs, and breaching apparatuses that are explosive in nature. However, items designed to remove a lock, such as bolt cutters, or a handheld ram designed to be operated by one person, are specifically excluded from this subdivision.

8. Firearms of .50 caliber or greater. However, standard issue shotguns are specifically excluded from this subdivision.

9. Ammunition of .50 caliber or greater. However, standard issue shotgun ammunition is specifically excluded from this subdivision.

10. Specialized firearms and ammunition of less than .50 caliber, including assault weapons as defined in Sections 30510 and 30515 of the Penal Code, with the exception of standard issue service weapons and ammunition of less than .50 caliber that are issued to officers, agents, or employees of a law enforcement agency or a state agency.

11. Any firearm or firearm accessory that is designed to launch explosive projectiles.

12. "Flashbang" grenades and explosive breaching tools, "tear gas," and "pepper balls," excluding standard, service-issued handheld pepper spray.

13. Taser Shockwave, microwave weapons, water cannons, and the Long-Range Acoustic Device (LRAD).

14. The following projectile launch platforms and their associated munitions: 40mm projectile launchers, "bean bag," rubber bullet, and specialty impact munition (SIM) weapons.

15. Any other equipment as determined by a governing body or a state agency to require additional oversight.

16. Notwithstanding paragraphs (1) through (15), "Military Equipment" does not include general equipment not designated as prohibited or controlled by the federal Defense Logistics Agency.

Pursuant to California Government Code §7070(d)(6), and in accordance with California Government Code §7072, the Morro Bay Police Department will submit to the Morro Bay City Council an Annual Military Equipment Report and will make that report publicly available on its internet website. The Annual Military Equipment Report will include the following information for the immediately preceding calendar year for each type of military equipment:

1. A summary of how the military equipment was used and the purpose of its use.

2. A summary of any complaints or concerns received concerning the military equipment.

3. The results of any internal audits, any information about violations of the military equipment use policy, and any actions taken in response.

4. The total annual cost for each type of military equipment, including acquisition, personnel, training, transportation, maintenance, storage, upgrade, and other ongoing costs, and from what source funds will be provided for the military equipment in the calendar year following submission of the annual military equipment report.

5. The quantity possessed for each type of military equipment.

6. If the law enforcement agency intends to acquire additional military equipment in the next year, the quantity sought for each type of military equipment.

The Morro Bay City Council will use the Annual Military Equipment Report as a mechanism to ensure the Morro Bay Police Department’s compliance with this Military Equipment Use Policy, and to help it determine whether to approve, revise, or revoke components of the Military Equipment Use Policy for the subsequent year.

Pursuant to California Government Code §7070(d)(7), members of the public may register complaints or concerns or submit questions about the use of each specific type of Military Equipment in this policy by any of the following means:

1. Via email to: [email protected]

2. Via phone call to: (805) 772-6284

3. Via mail sent to: Morro Bay Police Department
Attn: Military Equipment Use Coordinator
850 Morro Bay Blvd.

Morro Bay CA. 93442
The Morro Bay Police Department is committed to responding to complaints, concerns and/or questions received through any of the above methods in a timely manner.

The remainder of this Military Equipment Use Policy is divided into two sections. Section One lists qualifying equipment that is owned and/or utilized by the Morro Bay Police Department. Section Two lists qualifying equipment that is not owned or regularly utilized by the Morro Bay Police Department, but which is known to be owned and/or utilized by certain law enforcement agencies/units with which the Morro Bay Police Department collaborates and/or participates for law enforcement purposes.

Section One: Qualifying Equipment Owned/Utilized by the Morro Bay Police Department Equipment Type: Unmanned Aircraft Systems (UAS/Drones) – CA Gov’t Code §7070(c)(1) Quantity Owned/Sought: 3 owned Lifespan: Approximately 5 years Equipment Capabilities: Remotely piloted aerial vehicles capable of providing live and recorded video images captured from aerial positions, including images enhanced by Forward Looking Infrared (FLIR) and optical zoom lenses.

Manufacturer Product Description:

DJI Inspire: The DJI Inspire 1 is a powerful, quadcopter flight platform capable of capturing 4K video and transmitting an HD signal to multiple devices. It is equipped with retractable landing gear to allow capture of an unobstructed 360-degree view from its camera. The built-in camera has an integrated gimbal to maximize stability and weight efficiency while minimizing space. When no GPS signal is available or is lost, Vision Positioning technology provides hovering precision for maximum safety. The DJI Inspire 1 also has an attachable Zenmuse XT FLIR Longwave Thermal Imaging Camera System which provides high-sensitivity infrared imaging for enhanced performance during search and rescue operations, locating missing persons, assisting on fire responses and other emergency situations. The Inspire 1 weighs approx. 6.74 lbs. fully equipped, can reach speed of approx. 16 ft/s, and has an approx. 25-30 min. flight time.

DJI Phantom 4: The DJI Phantom 4 Pro is an extremely smart sUAS flying camera with multidirectional collision avoidance technology made up of vision and infrared sensors, making it intelligently avoid obstacles during flight. Its camera system offers unprecedented image quality with greater clarity, lower noise, higher resolution photos and videos. Dual frequency support in the remote controller makes the HD video downlink more efficient and more stable. The Phantom 4 Pro features a more efficient propulsion system allowing a 4db (60%) operational noise reduction. The

Phantom 4 Pro weighs approx. 1375g, has a max. speed of approx. 40mph and an Intelligent Flight battery system allows for approx. 25 min. flight time.

Mavic II Enterprise: The DJI Mavic II Enterprise features omnidirectional Vision Systems and Infrared Sensing Systems and comes with a fully stabilized 3-axis gimbal camera with an equivalent 24-48 mm 2x optical enterprise lens capable of shooting 4k videos and 12-megapixel photos that support up to 6x FHD zoom. DJI signature technologies such as Obstacle Sensing and the Advanced Pilot Assistance System, help you capture complex shots effortlessly. Additional features like the built in AirSense make you aware of your surrounding airspace, and password protection helps you maintain secure access to your aircraft and protect your data. The Mavic II Enterprise also has attachable modular accessories like the M2E spotlight, M2E Beacon, and M2E Speaker that are purpose built for various applications. The Mavic II Enterprise boasts a maximum flight speed of 44.7 mph and a maximum flight time of 31 minutes.

Purpose/Authorized Uses: UAS/Drones may be utilized to enhance the Department’s mission of protecting lives and property when other means and resources are not available or are less effective.

Uses may include but are not limited to: search and rescue; suspect apprehension; crime scene documentation; tactical operations; scene security; hazard monitoring, identification and mitigation; response to emergency calls; crisis communications; legally authorized surveillance.

Fiscal Impacts: The initial costs of equipment, licensing, software and training was approximately $20,000 which was funded with SLESF COPS Grant Funds. Ongoing cost associated with UAS operation, maintenance and training is estimated to be approximately $5,000 per year.

Legal/Procedural Rules Governing Use: Any use of a UAS will be in strict accordance with constitutional and privacy rights and Federal Aviation Administration (FAA) regulations. The use of the UAS potentially involves privacy considerations. Absent a warrant or exigent circumstances, operators and observers shall adhere to FAA altitude regulations and shall not intentionally record or transmit images of any location where a person would have a reasonable expectation of privacy (e.g., residence, yard, enclosure). Operators and observers shall take reasonable precautions to avoid inadvertently recording or transmitting images of areas where there is a reasonable expectation of privacy. Reasonable precautions can include, for example, deactivating or turning imaging devices away from such areas or persons during UAS operations.

Training Required: Prior to piloting any UAS/Drone staff members must secure an FAA Remote Pilot License and complete all training required by our FAA COA.

Other Notes: None.

Equipment Type: Semiautomatic Rifles and Ammunition - CA Gov’t Code §7070(c)(10) Quantity Owned/Sought: 18 owned Lifespan: Approximately 15 years Equipment Capabilities: The Aero Precision X15 semiautomatic rifle is capable of firing 5.56mm projectile bullet.

Manufacturer Product Description: The Aero Precision X15 rifle features the Atlas R-ONE 10.5” barrel, front and rear folding aluminum sights, Aimpoint Red Dot Laser sight system, Inforce WMLX Tactical light, Blue Force Vickers Sling system and Magpul Gen. 2 (30 rd.) magazine.

Purpose/Authorized Uses: Officers may deploy the patrol rifle in any circumstance where the officer can articulate a reasonable expectation that the rifle may be needed. Examples of some general guidelines for deploying the patrol rifle may include but are not limited to:

1. Situations where the officer reasonably anticipates an armed encounter.

2. When an officer is faced with a situation that may require accurate and effective fire at long range.

3. Situations where an officer reasonably expects the need to meet or exceed a suspect’s firepower.

4. When an officer reasonably believes that there may be a need to fire on a barricaded person or a person with a hostage.

5. When an officer reasonably believes that a suspect may be wearing body armor.

6. When authorized or requested by a supervisor.

Fiscal Impacts: The initial cost of equipment was approximately $18,000 funded by SLESF COPS Grant.

The ongoing costs for ammunition will vary and maintenance is conducted by departmental staff and/or certified armorer.

Legal/Procedural Rules Governing Use: All applicable State, Federal and Local laws governing police use of force. Various Morro Bay Police Department Policies on Use of Force and Firearms.

Training Required: Officers must successfully complete a CA POST certified 24-hour patrol rifle course as well as regular department firearms training and qualifications as required by law and policy.

Other Notes: These rifles are standard issue service weapons for our officers and therefore exempted from this Military Equipment Use Policy per CA Gov’t Code §7070 (c)(10). They have been included in this document in an abundance of caution and in the interest of transparency.

Equipment Type: 40mm Less Lethal Launchers and Kinetic Energy Munitions – CA Gov’t Code §7070(c)(14)
12 Ga. Less-Lethal Shotgun and bean bag munitions- CA Gov’t Code §7070(c)(14) Pepperball Gas powered Launchers- CA Gov’t Code §7070(c)(12) Quantity Owned/Sought: 40 mm Launchers (2) (back
ordered). 12 Ga. Less-Lethal shotguns (5), Pepper ball
gas powered launchers (2)
Lifespan: Approximately 10-15 years
Equipment Capabilities: The 40mm Less Lethal Launcher is capable of firing 40mm Kinetic Energy Munitions, which are essentially rubber, foam, pepper ball or bean bag projectiles, Smoke grenades and/or Gas.

The Remington 12 GA. Less-Lethal shotgun can fire a bean bag munition.

The Pepperball FTC launcher is capable of firing pepper balls.

Manufacturer Product Description:
40mm Single Tube Launcher, DT-LMT 1425: Manufactured exclusively for Defense Technology®, the 40LMTS is a tactical single shot launcher that features an expandable ROGERS Super Stock and an adjustable Integrated Front Grip (IFG) with light rail. The ambidextrous Lateral Sling Mount (LSM) and QD mounting systems allow both a single- and two-point sling attachment. The 40LMTS will fire standard 40mm less lethal ammunition, up to 4.8 inches in cartridge length. The Picatinny Rail Mounting System will accept a wide array of enhanced optics/sighting systems. 40mm Multi Tube Launcher, DT-LMT 1440: Designed for riot and tactical situations, the Defense Technology® 1440 40mm Tactical 4-Shot Launcher is low-profile and lightweight, providing multi-shot capability in an easy to carry launcher. It features the Rogers Super Stoc™ expandable gun stock, an adjustable Picatinny mounted front grip, and a unique direct-drive system to advance the magazine

cylinder. These launchers are light weight, versatile and used worldwide by police and corrections officers.

Remington 870 12 GA. Less-Lethal shotgun: Pump action shotgun manufactured by Remington Arms for sport shooting, hunting and self-defense and used by law enforcement organizations worldwide.

These firearms are distinctively marked with orange and designated solely as less-lethal force options.

Pepperball FTC Gas powered Launcher: Pepper Ball is the most versatile non-lethal system available, allowing officers to deploy it in a wide range of situations. The pepper ball FTC launcher is a highcapacity, semi-automatic launcher. It weighs 2.95 lbs., operates at 3000 psi with an accuracy range of approx. 65 feet and holds approx. 180 rounds. It has full mechanical operation, front and rear sights and an electronic anti-jam loading feature. These launchers are distinctly yellow in color for easy identification as a less/non-lethal use of force option.

Purpose/Authorized Uses: The 40mm Less Lethal Launchers, 12 GA. Less-Lethal shotguns and Pepperball Launchers and Kinetic Energy Munitions are intended for use as a less lethal use of force options.

Fiscal Impacts: 40mm- initial cost of this equipment was approx. $3,000 purchased through SLESF COPS Grant funds.

Remington 870 12 Ga.- initial cost of this equipment was approx. $5,000 (general fund).

Pepper Ball FTC Gas Launcher- initial cost of this equipment was approx. $2,362 purchased through SLESF COPS Grant funds.

The ongoing costs for munitions will vary (based on use/training) and maintenance is conducted by departmental staff and/or a certified armorer.

Legal/Procedural Rules Governing Use: All applicable State, Federal and Local laws governing police use of force. Various Morro Bay Police Department Policies on Use of Force and Crowd Control.

Training Required: Officers must complete a department approved/certified 40mm course, 12 GA.

Less-lethal course and specified Pepperball training as well as regular firearms training and qualifications as required by law and policy.

Other Notes: None.

Section Two: The following list of Qualifying Equipment may be owned and/or utilized by law enforcement units with which the Morro Bay Police Department collaborates and/or participates for law enforcement purposes; to include but not limited to: SLO Regional SWAT, SLO County Sheriff Dept., CHP, State Parks, Calif. Dept. of Fish and Wildlife. *(Not all agencies own/utilize each of these equipment items).

Equipment Type: Unmanned, remotely piloted, powered ground vehicles - CA Gov’t Code §7070(c)(1) Quantity Owned/Sought: None (outside owned) Lifespan: Estimate approx. 15 years Equipment Capabilities: Vehicles are capable of being remotely navigated to provide scene information and intelligence in the form of video and still images transmitted to first responders.

Manufacturer Product Description/General Description: Remote vehicle to be operated on the ground without need/requirement of human presence on board.

Purpose/Authorized Uses: To enhance the safety of potentially dangerous situations by providing first responders with the ability to capture video and still images of hazardous areas prior to, or in lieu of, sending in personnel.

Fiscal Impacts: MBPD contributes approx. $6,000 annually to SLO Regional SWAT for equip/maint.

Legal/Procedural Rules Governing Use: The use of unmanned, remotely piloted, powered ground vehicles potentially involves privacy considerations. Absent a warrant or exigent circumstances, operators and observers shall adhere to all applicable privacy laws and shall not intentionally record or transmit images of any location where a person would have a reasonable expectation of privacy (e.g., residence, yard, enclosure).

Training Required: The San Luis Obispo Regional SWAT Team provides internal training for staff members prior to allowing them to pilot these vehicles.

Other Notes: The Morro Bay Police Department participates in the San Luis Obispo Regional SWAT Team (SLO Reg. SWAT). This equipment may be owned and operated by SLO Regional SWAT through the San Luis Obispo Police Department. While the Morro Bay Police Department does not own or operate this equipment, it could be used in Morro Bay by SLO Regional SWAT (or an allied agency) if they are requested/deployed to an incident within city limits.

Equipment Type: Mine Resistant Ambush Protected Vehicles (MRAP) - CA Gov’t Code §7070(c)(2) Quantity Owned/Sought: None (outside owned) Lifespan: Estimate approx. 15 yrs.

Equipment Capabilities: Capable of transporting personnel and equipment while providing them with armored protection from gunfire.

Manufacturer Product Description/General Description: Commercially produced wheeled armored personnel vehicle utilized for law enforcement purposes.

Purpose/Authorized Uses: To move personnel and/or resources in support of tactical operations in which there is reason to expect potential armed resistance requiring protection.

Fiscal Impacts: MBPD contributes approx. $6,000 annually to SLO Regional SWAT for equip/maint.

Legal/Procedural Rules Governing Use: The MRAP can be deployed any time tactical operators determine that there is a need to move personnel and/or resources into areas in which they have reason to expect potential armed resistance requiring its protection.

Training Required: The San Luis Obispo Regional SWAT Team provides internal training for staff members prior to allowing them to drive MRAP vehicles.

Other Notes: The Morro Bay Police Department participates in the San Luis Obispo Regional SWAT Team (SLO Reg. SWAT). This equipment may be owned and operated by SLO Regional SWAT through the San Luis Obispo Police Department. While the Morro Bay Police Department does not own or operate this equipment, it could be used in Morro Bay by SLO Regional SWAT (or an allied agency) if they are requested/deployed to an incident within city limits.

Equipment Type: Wheeled vehicles that have a breaching apparatus attached - CA Gov’t Code §7070(c)(3)
Quantity Owned/Sought: None (outside owned) Lifespan: Estimate approx. 15 yrs.

Equipment Capabilities: Capable of breaching doors, gates, and other points of entry.

Manufacturer Product Description/General Description: The breaching vehicle/apparatus is a mobile armored breaching system to allow safe and effective entry methods into high-risk or fortified locations to maximize officer and civilian safety.

Purpose/Authorized Uses: Breaching doors, gates, and other points of entry.

Fiscal Impacts: MBPD contributes approx. $6,000 annually to SLO Regional SWAT for equip/maint.

Legal/Procedural Rules Governing Use: Breaching vehicles can be deployed any time tactical operators determine that it is necessary to complete a lawful breaching. For a breaching to be lawful, it will generally need to be supported by a search or arrest warrant, or exigent circumstances.

Training Required: The San Luis Obispo Regional SWAT Team provides internal training for staff members prior to allowing them to drive breaching vehicles.

Other Notes: The Morro Bay Police Department participates in the San Luis Obispo Regional SWAT Team (SLO Reg. SWAT). This equipment may be owned and operated by SLO Regional SWAT through the San Luis Obispo Police Department. While the Morro Bay Police Department does not own or operate this equipment, it could be used in Morro Bay by SLO Regional SWAT (or an allied agency) if they are requested/deployed to an incident within city limits.

Equipment Type: Battering rams, slugs, and breaching apparatus that are explosive in nature - CA Gov’t Code §7070(c)(7)
Quantity Owned/Sought: None (outside owned) Lifespan: Estimate approx. 15 yrs.

Equipment Capabilities: Capable of breaching doors, gates, windows, and other points of entry.

Manufacturer Product Description/General Description: Explosive breaching tools that are used to conduct an explosive breach to create an entry or exit point during a high-risk or tactical situation.

Purpose/Authorized Uses: Breaching doors, gates, windows, and other points of entry.

Fiscal Impacts: MBPD contributes approx. $6,000 annually to SLO Regional SWAT for equip/maint.

Legal/Procedural Rules Governing Use: Breaching apparatus that are explosive in nature can be deployed any time tactical operators determine that it is necessary to complete a lawful breaching, and non-explosive breaching methods are not tactically practicable. For a breaching to be lawful, it will generally need to be supported by a search or arrest warrant, or exigent circumstances.

Training Required: The San Luis Obispo Regional SWAT Team provides internal training for staff members prior to allowing them to use explosive breaching apparatus.

Other Notes: The Morro Bay Police Department participates in the San Luis Obispo Regional SWAT Team (SLO Reg. SWAT). This equipment may be owned and operated by SLO Regional SWAT through the San Luis Obispo Police Department. While the Morro Bay Police Department does not own or operate this equipment, it could be used in Morro Bay by SLO Regional SWAT (or an allied agency) if they are requested/deployed to an incident within city limits.

Equipment Type: Flashbang grenades, explosive breaching tools, tear gas and pepper balls - CA Gov’t Code §7070(c)(12)
Quantity Owned/Sought: None (outside owned) Lifespan: Estimate 3-5 yrs.

Equipment Capabilities: Capable of breaching doors, gates, windows, and other points of entry, creating explosive distractions, and/or deploying tear gas or pepper chemical.

Manufacturer Product Description/General Description: A distraction device is used to distract dangerous suspects during assaults, hostage rescues, room entry, or other high-risk arrest situations.

Purpose/Authorized Uses: breaching doors, gates, windows, and other points of entry, creating explosive distractions, and/or deploying tear gas or pepper chemicals.

Fiscal Impacts: MBPD contributes approx. $6,000 annually to SLO Regional SWAT for equip/maint.

Legal/Procedural Rules Governing Use: Breaching apparatus that are explosive in nature can be deployed any time tactical operators determine that it is necessary to complete a lawful breaching, and non-explosive breaching methods are not tactically practicable. For a breaching to be lawful, it will generally need to be supported by a search or arrest warrant, or exigent circumstances. Tear gas and pepper balls can only be deployed in accordance with all applicable State, Federal and Local laws governing police use of force, crowd control, etc.

Training Required: The San Luis Obispo Regional SWAT Team provides internal training for staff members (as required) prior to allowing them to use any of these items.

Other Notes: The Morro Bay Police Department participates in the San Luis Obispo Regional SWAT Team (SLO Reg. SWAT). This equipment may be owned and operated by SLO Regional SWAT through the San Luis Obispo Police Department. While the Morro Bay Police Department does not own or operate this equipment, it could be used in Morro Bay by SLO Regional SWAT (or an allied agency) if they are requested/deployed to an incident within city limits.

Equipment Type: Long Range Acoustic Device (LRAD) - CA Gov’t Code §7070(c)(13) Quantity Owned/Sought: None (outside owned). Lifespan: Estimate approx. 20-25 yrs.

Equipment Capabilities: LRAD systems are a type of Acoustic Hailing Device (AHD) used to send messages over long distances. LRAD systems produce much higher sound levels (volume) than normal loudspeakers or megaphones. Over shorter distances, LRAD signals are loud enough to cause pain in the ears of people in their path.

Manufacturer Product Description/General Description: LRAD systems are a type of Acoustic Hailing Device (AHD) used to send messages over long distances. LRAD systems produce much higher sound levels (volume) than normal loudspeakers or megaphones. Over shorter distances, LRAD signals are loud enough to cause pain in the ears of people in their path.

Purpose/Authorized Uses: Can be used to disperse unlawful crowds and/or to disrupt the activities of person(s) who represent an immediate threat to others.

Fiscal Impacts: MBPD contributes approx. $6,000 annually to SLO Regional SWAT for equip/maint.

Legal/Procedural Rules Governing Use: LRADs can only be deployed in accordance with all applicable State, Federal and Local laws governing police use of force, crowd control, etc.

Training Required: The San Luis Obispo Regional SWAT Team provides internal training for staff members prior to allowing them to use any of these items.

Other Notes: The Morro Bay Police Department participates in the San Luis Obispo Regional SWAT Team (SLO Reg. SWAT). This equipment may be owned and operated by SLO Regional SWAT through the San Luis Obispo Police Department. While the Morro Bay Police Department does not own or operate this equipment, it could be used in Morro Bay by SLO Regional SWAT (or an allied agency) if they are requested/deployed to an incident within city limits.

Equipment Type: Mobile Incident Command (MIC)- CA Gov’t Code §7070(c)(5) Quantity Owned/Sought: None (outside owned) Lifespan: Estimate 10-15 yrs.

Equipment Capabilities: On-site platform for command, control and communications during a critical incident, natural disaster, etc.

Manufacturer Product Description/General Description: A mobile office that provides shelter, access to police department computer systems, radio communications, and restroom facilities on extended events.

Purpose/Authorized Uses: Vehicle/trailer used as a main workspace and storage area to operate as mobile command center to support management of incidents and planned events by providing interior and exterior workspaces as well as command and control capabilities.

Fiscal Impacts: MBPD contributes approx. $6,000 annually to SLO Regional SWAT for equip/maint.

Legal/Procedural Rules Governing Use: Mobile Command Centers are deployed in accordance with all applicable State, Federal and Local laws governing police emergency use during critical incidents, natural disasters, emergency management operations and planned events.

Training Required: The San Luis Obispo Regional SWAT Team provides internal training for staff members prior to allowing them to utilize Command Center vehicles and equipment.

Other Notes: The Morro Bay Police Department participates in the San Luis Obispo Regional SWAT Team (SLO Reg. SWAT). This equipment may be owned and operated by SLO Regional SWAT through the San Luis Obispo Police Department. While the Morro Bay Police Department does not own or operate this equipment, it could be used in Morro Bay by SLO Regional SWAT (or an allied agency) if they are requested/deployed to an incident within city limits.

ORDINANCE NO. 649

AN ORDINANCE OF THE CITY COUNCIL

OF THE CITY OF MORRO BAY, CALIFORNIA

ADOPTING A MILITARY EQUIPMENT USE POLICY
CONSISTENT WITH AB 481 REQUIREMENTS

THE CITY COUNCIL
City of Morro Bay, California
WHEREAS, On September 30, 2021, Governor Gavin Newsom signed into law Assembly Bill 481, relating to the use of military equipment by law enforcement agencies; and
WHEREAS, Assembly Bill 481, codified at California Government Code sections 7070 through 7075, requires law enforcement agencies to obtain approval of the applicable governing body, by an ordinance adopting a " military equipment" use policy, at a regular meeting held pursuant to open meeting laws, prior to taking certain actions relating to the funding acquisition, or use of military equipment. The term " military equipment" is defined in California Government Code section 7070; and WHEREAS, Assembly Bill 481 allows the governing body of a city to approve the funding, acquisition, or use of defined military equipment within its jurisdiction only if it makes specified determinations; and
WHEREAS, The proposed military equipment use policy is found within Morro Bay Police Department Policy #707 (Exhibit "A") (Policy'); and WHEREAS, Morro Bay Police Department (proposed) Policy #707 was published on the Morro Bay Police Department s Internet website on March 11, 2022. The Morro Bay Police Department Policy was presented to City Council on April 12 , 2022, and WHEREAS, this ordinance and the Morro Bay Police Department Policy # 707 exhibit " A") and the Attachment " Morro Bay Police Department Military Equipment Inventory List" ( exhibit ` B") meets the requirements of California Government Code section 7070, subdivision (d) and 7071 subdivision (a) ( 1).

WHEREAS, once adopted, the Policy will be made publicly available on the MBPD's website for as long as the covered military equipment is available for use; and WHEREAS, in accordance with AB 481, the Policy is being agendized as an open session item at a regular meeting of the City Council, and public comment on the item will be allowed in accordance with the Brown Act; and
WHEREAS, this ordinance shall be reviewed by the City Council at least annually, and based on an annual military equipment report that will be submitted to the City Council pursuant to AB 481, the City Council shall determine whether each type of military equipment identified in the report has complied with the standards for continued approval.

NOW, THEREFORE, the City Council of the City of Morro Bay does ordain as follows:

SECTION 1 DETERMINATIONS
The foregoing recitals are true and correct and incorporated herein by this reference.

Based on the foregoing recitals, in addition to information provided to the City Council at the public meeting to consider the same, the City Council determines as follows:

1. The military equipment identified in Morro Bay Police Policy #707 (and Attachment Morro Bay Police Department Military Equipment Inventory List") is necessary,. because there are no reasonable alternatives that can achieve the same objectives of officer and civilian safety.

2. Morro Bay Police Policy # 707 will safeguard the public's welfare, safety, civil rights, and civil liberties.

3. The military equipment identified in Morro Bay Police Policy # 707 ( and attached Military Equipment Inventory List") is reasonably cost effective compared to available alternatives that can achieve the same objective of officer and civilian safety.

4. The City did not previously have a prior military equipment use policy but as to any prior uses that do not comply with the accompanying military equipment use policy, corrective action has been taken to remedy nonconforming uses and ensure future compliance.

5. The City Council, therefore, hereby approves and adopts the attached Morro Bay Police Military Equipment Use Policy # 707 ( exhibit "A") ( and attached " Military Equipment Inventory List",
exhibit "B")
SECTION 2 SEVERABILITY
If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held invalid or unconstitutional by a court of competent jurisdiction, such a decision shall not affect the validity of the remaining portions of this Ordinance. The City Council declares that it would have passed this Ordinance and each section, subsection,
sentence, clause, or phrase thereof irrespective of the fact that one or more sections, subsections, sentences, clauses, or phrases, be declared invalid.

SECTION 3. EFFECTIVE DATE
This ordinance shall be in full force and effect thirty (30) days after its passage.

SECTION 4. CERTIFICATION
The City Clerk shall certify as to the passage and adoption of this ordinance, and the City Clerk shall cause the same to be posted and codified in the manner required by law.

INTRODUCED at a regular meeting of the City Council of Morro Bay, held on the 12th day of April 2022 by motion of Councilmember Heller, seconded by Mayor Headding.

PASSED AND ADOPTED on the 26th day of April, 2022, by the following votes AYES Headding, Addis, Barton, Ford, Heller
NOES: None
ABSENT: None
EST:

ILAA-L
A SWANSON, City Clerk
APPROVED AS TO FORM:
1 iitts New/nip/A/
CHRISTOPHER F. NE MEYER ity Attorney

STATE OF CALIFORNIA )

COUNTY OF SAN LUIS OBISPO)

CITY OF MORRO BAY )
I, Dana Swanson, City Clerk for the City of Morro Bay, California, do hereby certify that the foregoing Ordinance No. 649 was duly passed and adopted by the City Council of the City of Morro Bay at the regular meeting thereof, held on the 26th day of April 2022, by the following vote'
AYES: Headding, Addis, Barton, Ford, Heller
NOES: None
ABSTAIN: None
ABSENT: None
IN WITNESS WHEREOF I have hereunto set my hand and affixed the official seal of the City of Morro Bay, California, this - day of
r; l , 2022.

Jtr"sci---
NA SV' ANSON, City Clerk

Policy
707
Morro Bay Police Department
Morro Bay PD Policy Manual
Military Equipment
707. 1 PURPOSE AND SCOPE
The purpose of this policy is to provide guidelines for the approval, acquisition, funding, use and reporting requirements of military equipment as the term is defined in Government Code § 7070
Government Code § 7071 and Government Code § 7072. This .policy is provided to fulfill the obligations set forth in Assembly Bill No. 481 ( 2021- 22). These obligations include but are not limited to seeking approval on specific items deemed to be military equipment and requirements related to compliance, annual reporting, cataloging, and complaints regarding these items. 707. 1. 1 PHILOSOPHY
The acquisition of military equipment and its deployment in our communities may impact the public's safety and welfare. The public has a right to know about any funding, acquisition, or use of military equipment by local government officials, as well as a right to participate in any government agency's decision to fund, acquire, or use such equipment. Decisions regarding whether and how military equipment is funded, acquired, or used should give strong consideration to the public's welfare, safety, civil rights, and civil liberties, and should be based on meaningful public input. 707. 1. 2 DEFINITIONS
Definitions related to this policy include (Government Code § 7070):

Governing body - The elected or appointed body that oversees the Department.

Military equipment - Includes but is not limited to the following:

Unmanned, remotely piloted, powered aerial or ground vehicles.

Mine -resistant ambush -protected ( MRAP) vehicles or armored personnel carriers.

High mobility multipurpose wheeled vehicles (HMMWV), two -and -one -half -ton trucks, five -ton trucks, or wheeled vehicles that have a breaching or entry apparatus attached.

Tracked armored vehicles that provide ballistic protection to their occupants and utilize a tracked system instead of wheels for forward motion.- Command and control vehicles that are either built or modified to facilitate the operational control and direction of public safety units Weaponized aircraft, vessels, or vehicles of any kind.

Battering rams, slugs, and breaching apparatuses that are explosive in nature. This does not include a handheld, one -person ram.

Firearms and ammunition of . 50 caliber or greater, excluding standard -issue shotguns and standard -issue shotgun ammunition.

Specialized firearms and ammunition of less than . 50 caliber, including firearms and accessories identified as assault weapons in Penal Code § 30510 and Penal Code § 30515, with the exception of standard -issue firearms and ammunition of less than.50 caliber.;
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Morro Bay PD Policy Manual
Military Equipment
Any firearm or firearm accessory that is designed to launch explosive projectiles.

Noise -flash diversionary devices and explosive breaching tools.

Munitions containing tear gas or OC, excluding standard, service -issued handheld pepper spray.

TASER R Shockwave, microwave weapons, water cannons, and long-range acoustic devices (LRADs).

Kinetic energy weapons and munitions.

Any other equipment as determined by a governing body or a state agency to require additional oversight.
707.2 POLICY
It is the policy of the Morro Bay Police Department that members of this department comply with the provisions of Government Code § 7070-7075 with respect to military equipment. 707.3 MILITARY EQUIPMENT COORDINATOR
The Chief of Police will designate a member of this department to act as the military equipment coordinator. The responsibilities of the military equipment coordinator include but are not limited to:
a) Acting as liaison to the governing body for matters related to the requirements of this policy
b) Identifying department equipment that qualifies as military equipment in the current possession of the Department, or the equipment the Department intends to acquire that requires approval by the governing body.
c) Conducting an inventory of all military equipment at least annually. d) Collaborating with any allied agency that may use military equipment within the jurisdiction of Morro Bay Police Department (Government Code § 7071). ( le; Regional S.W.A.T. Team)
e) Preparing for, scheduling, and coordinating the annual community engagement meeting to include:

1. Publicizing the details of the meeting

2. Preparing for public questions regarding the department's funding, acquisition, and use of military equipment.

Preparing the annual military equipment report for submission to the Chief of Police and ensuring that the report is made available on the department website (Government Code § 7072)
Establishing the procedure for a person to register a complaint or concern, or how that person may submit a question about the use of a type of military equipment, and how the Department will respond in a timely manner.

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Morro Bay PD Policy Manual
Military Equipment
707.4 MILITARY EQUIPMENT INVENTORY
The following constitutes a list of qualifying equipment for the Department:

See Attachment of defined Military Equipment Inventory List. 707.5 APPROVAL
The Chief of Police or the authorized designee shall obtain approval from the governing body by way of an ordinance adopting the military equipment policy As part of the approval process, the Chief of Police or the authorized designee shall ensure the proposed military equipment policy is submitted to the governing body and is available on the department website at least 30 days prior to any public hearing concerning the military equipment at issue (Government Code § 7071). The
military equipment policy must be approved by the governing body prior to engaging in any of the following (Government Code § 7071):
a) Requesting military equipment made available pursuant to 10 USC § 2576a.
b) Seeking funds for military equipment, including but not limited to applying for a grant, soliciting or accepting private, local, state or federal funds, in -kind donations, or other donations or transfers
Acquiring military equipment either permanently or temporarily, including by borrowing or leasing.

Collaborating with another law enforcement agency in the deployment or other use of military equipment within the jurisdiction of this department U sing any new or existing military equipment for a purpose, in a manner, or by a person not previously approved by the governing body.

Soliciting or responding to a proposal for, or entering into an agreement with, any other person or entity to seek funds for, apply to receive, acquire, use, or collaborate in the use of military equipment.

Acquiring military equipment through any means not provided above. 707.5. 1 MILITARY EQUIPMENT USE CONSIDERATIONS

1. The military equipment acquired and authorized by the Department is:
a. Necessary because there is no reasonable alternative that can achieve the same objective of officer and civilian safety.
b. Reasonably cost effective compared to available alternatives that can achieve the same objective of officer and civilian safety.

2. Military equipment shall only be used by a Department employee only after applicable training, including any course required by the Commission on Peace Officer Standards and Training, has been completed, unless exigent circumstances arise.

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Morro Bay PD Policy Manual
Military Equipment
707.6 COORDINATION WITH OTHER JURISDICTIONS
Military equipment used by any member of this agency shall be approved for use and in accordance with this Department policy. The Morro Bay Police Department participates in the San Luis Obispo County Regional Special Weapons and Tactics (SWAT) team and works closely with other local, county, state and federal law enforcement partners in specific events which may include natural disasters, civil unrest, or high -risk criminal incidents. In planned or exigent circumstances, and with the approval of the Chief of Police or their designee, military equipment may be deployed by these law enforcement partners to promote the safety and security of the Morro Bay community. Military equipment used by other agencies/jurisdictions that are providing mutual aid to this jurisdiction shall comply with their respective AB481 compliant and approved military equipment use policies in rendering mutual aid. The Chief of Police or their designee will provide information during the annual report on the use of military equipment within the city limits of Morro Bay by other law enforcement partners.
707.7 ANNUAL REPORT
Upon approval of a military equipment policy, the Chief of Police or the authorized designee should submit a military equipment report to the governing body for each type of military equipment approved within one year of approval, and annually thereafter for as long as the military equipment is available for use (Government Code § 7072).

The Chief of Police or the authorized designee should also make each annual military equipment report publicly available on the department website for as long as the military equipment is available for use. The report shall include all information required by Government Code § 7072 for the preceding calendar year for each type of military equipment in department inventory.

The annual military equipment report shall, at a minimum, include the following information:
a. A summary of how the military equipment was used and the purpose of its use. b. A summary of any complaints or concerns received concerning the military equipment. c. The results of any internal audits, any information about violations of the military equipment use policy, and any actions taken in response.
d. The total annual cost for each type of military equipment including acquisition, personnel, training, transportation, maintenance storage, upgrade, and other ongoing costs, and from what source funds will be provided for the military equipment in the calendar year following submission of the annual military equipment report.
e. The quantity possessed for each type of military equipment. f. If MBPD intends to acquire additional military equipment in the next year, the quantity sought for each type of military equipment.
707.7 1 CATALOGING OF MILITARY USE EQUIPMENT
All military use equipment kept and maintained by the Morro Bay Police Department shall be cataloged in a way which addresses each of the following requirements:

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Military Equipment
a) The manufacturers description and/or general description of the equipment. b) The capabilities of the equipment.
c) The purposes and authorized uses for which the Department proposes to use the equipment.
d) The expected Iifespan of the equipment.
e) The fiscal impact of the equipment, both initially and for on -going maintenance. f) The quantity of the equipment, whether maintained or sought. g) The legal and procedural rules that govern each authorized use. h) The training including any course required by the Commission on Peace Officer Standards and Training, that must be completed before any officer of this agency is allowed to use each specific type of military equipment to ensure the full protection of the public's welfare, safety civil rights and civil liberties and full adherence to the military equipment use policy.
707.7.2 COMPLIANCE
a) The Department Operations Commander will ensure that ail Department members comply with this policy. The Commander will conduct an annual audit with the assistance of the Training Division and Range Master. The Chief of Police or designee will be notified of any policy violations and, if needed, the violation(s) will be referred to the Internal Affairs Division and handled in accordance with Dept. Policy. All instances of non- compliance will be reported to City Council via the annual military equipment report.
b) Any member of the public can register a question or concern regarding military use equipment by contacting the Morro Bay Police Department via phone, email or in person. A response to the question or concern shall be completed by the Department in a timely manner.

3. Any member of the public can submit a complaint to any member of the Department and in any form (i. e. in person, telephone, email, etc.). Once the complaint is received it should be routed to the Operations Commander in accordance with Dept. Policy 1012 (Personnel Complaints).
c)
707.7. 3 FUNDING
The Department shall seek council approval for military equipment including, but not limited to, applying for a grant, soliciting or accepting private, local, state or federal funds, in -kind donations, or other donations or transfers.

1. The Department has authority to apply for funding prior to obtaining council approval in the case of exigent circumstances. The Department shall obtain council approval as soon as practicable. 707.8 COMMUNITY ENGAGEMENT
Within 30 days of submitting and publicly releasing the annual report, the Department shall hold at least one well publicized and conveniently located community engagement meeting, at which Copyright Lexipol, LLC 2022/03/ 11, All Rights Reserved.

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Military Equipment
the Department should discuss the report and respond to public questions regarding the funding, acquisition, or use of military equipment.

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fit1 s \\- s

CITY OF MORRO BAY

POLICE DEPARTMENT
850 Morro Bay Boulevard
Morro Bay, CA 93442
MBPD Military Equipment Use Policy/ Inventory List
The Morro Bay Police Department does not possess any tactical equipment that it has obtained from the military, nor does it possess any equipment that was designed for military use.

Regardless, California Assembly Bill No. 481 and Government Code § 7071( b) requires that law enforcement agencies submit a proposed Military Equipment Use Policy to their governing body for approval.

California Government Code § 7070 provides a list of equipment types that are considered to be military equipment" for purposes of this policy requirement, and this Military Equipment Use Policy includes information for any such equipment types that are possessed by the Morro Bay Police Department, or reasonably likely to be deployed in Morro Bay by other law enforcement partners.

California Government Code § 7070( d) describes a Military Equipment Use Policy as a publicly released, written document that includes, at a minimum, all of the following:

1. A description of each type of Military Equipment, the quantity sought, its capabilities, expected Iifespan, and product descriptions from the manufacturer of the Military Equipment.

2. The purposes and authorized uses for which the law enforcement agency or the state agency proposes to use each type of Military Equipment.

3. The fiscal impact of each type of Military Equipment, including the initial costs of obtaining the equipment and estimated annual costs of maintaining the equipment.

4. The legal and procedural rules that govern each authorized use.

5. The training, including any course required by the Commission on Peace Officer Standards and Training, that must be completed before any officer, agent, or employee of the law enforcement agency or the state agency is allowed to use each specific type of Military Equipment to ensure the full protection of the public' s welfare, safety, civil rights, and civil liberties and full adherence to the Military Equipment use policy.

6. The mechanisms to ensure compliance with the Military Equipment use policy, including which independent persons or entities have oversight authority, and, if applicable, what legally enforceable sanctions are put in place for violations of the policy.

7. For a law enforcement agency, the procedures by which members of the public may register complaints or concerns or submit questions about the use of each specific type of Military Equipment, and how the law enforcement agency will ensure that each complaint, concern, or question receives a response in a timely manner.

California Government Code § 7070( c) defines Military Equipment as any of the following:

1. Unmanned, remotely piloted, powered aerial or ground vehicles.

2. Mine -resistant ambush -protected ( MRAP) vehicles or armored personnel carriers. However, police versions of standard consumer vehicles are specifically excluded from this subdivision.

3. High mobility multipurpose wheeled vehicles (HMMWV), commonly referred to as Humvees, two and one -half -ton trucks, five -ton trucks, or wheeled vehicles that have a breaching or entry apparatus attached. However, unarmored all -terrain vehicles (ATVs) and motorized dirt bikes are specifically excluded from this subdivision.
www.morrobayca.gov I ( 805) 772-6225 ( www.facebook.com/CityofMorroBay

4. Tracked armored vehicles that provide ballistic protection to their occupants and utilize a tracked system instead of wheels for forward motion.

5. Command and control vehicles that are either built or modified to facilitate the operational control and direction of public safety units.

6. Weaponized aircraft, vessels, or vehicles of any kind.

7. Battering rams, slugs, and breaching apparatuses that are explosive in nature. However, items designed to remove a lock, such as bolt cutters, or a handheld ram designed to be operated by o ne person, are specifically excluded from this subdivision.

Firearms of .50 caliber or greater. However, standard issue shotguns are specifically excluded from this subdivision.

9. Ammunition of .50 caliber or greater. However, standard issue shotgun ammunition is specifically excluded from this subdivision.

10. Specialized firearms and ammunition of Tess than .50 caliber, including assault weapons as defined in Sections 30510 and 30515 of the Penal Code, with the exception of standard issue service weapons and ammunition of less than .50 caliber that are issued to officers, agents, or e mployees of a law enforcement agency or a state agency.

11. Any firearm or firearm accessory that is designed to launch explosive projectiles.

12. " Flashbang" grenades and explosive breaching tools, "tear gas,' and " pepper balls," excluding standard, service -issued handheld pepper spray.

13. Taser Shockwave, microwave weapons, water cannons, and the Long -Range Acoustic Device LRAD).

14. The following projectile launch platforms and their associated munitions: 40mm projectile launchers, " bean bag," rubber bullet, and specialty impact munition (SIM) weapons.

15. Any other equipment as determined by a governing body or a state agency to require additional oversight

16. Notwithstanding paragraphs ( 1) through (15), " Military Equipment" does not include general equipment not designated as prohibited or controlled by the federal Defense Logistics Agency.

Pursuant to California Government Code § 7070(d)( 6), and in accordance with California Government Code § 7072, the Morro Bay Police Department will submit to the Morro Bay City Council an Annual Military Equipment Report and will make that report publicly available on its Internet website. The Annual Military Equipment Report will include the following information for the immediately preceding calendar year for each type of military equipment.

1. A summary of how the military equipment was used and the purpose of its use.

2. A summary of any complaints or concerns received concerning the military equipment.

3. The results of any internal audits, any information about violations of the military equipment u se policy, and any actions taken in response.

4. The total annual cost for each type of military equipment, including acquisition, personnel, training, transportation, maintenance, storage, upgrade, and other ongoing costs, and from what source funds will be provided for the military equipment in the calendar year following submission of the annual military equipment report.

5. The quantity possessed for each type of military equipment.

6. If the law enforcement agency intends to acquire additional military equipment in the next year, the quantity sought for each type of military equipment.

The Morro Bay City Council will use the Annual Military Equipment Report as a mechanism to ensure the Morro Bay Police Department' s compliance with this Military Equipment Use Policy, and to help it determine whether to approve, revise, or revoke components of the Military Equipment Use Policy for the subsequent year.

Pursuant to California Government Code § 7070( d)( 7), members of the public may register complaints or concerns or submit questions about the use of each specific type of Military Equipment in this policy by any of the following means:

1. Via email to: [email protected]

2. Via phone call to: ( 805) 772- 6284

3. Via mail sent to: Morro Bay Police Department
Attn: Military Equipment Use Coordinator
850 Morro Bay Blvd.

Morro Bay CA. 93442
The Morro Bay Police Department is committed to responding to complaints, concerns and/ or questions received through any of the above methods in a timely manner.

The remainder of this Military Equipment Use Policy is divided into two sections. Section One lists qualifying equipment that is owned and/ or utilized by the Morro Bay Police Department. Section Two lists qualifying equipment that is not owned or regularly utilized by the Morro Bay Police Department, but which is known to be owned and/ or utilized by certain law enforcement agencies/ units with which the Morro Bay Police Department collaborates and/ or participates for law enforcement purposes.

Section One: Qualifying Equipment Owned/ Utilized by the Morro Bay Police Department Equipment Type: Unmanned Aircraft Systems ( UAS/ Drones) - CA Gov' t Code §7070( c)( 1) Quantity Owned/ Sought: 3 owned Lifespan: Approximately 5 years Equipment Capabilities: Remotely piloted aerial vehicles capable of providing live and recorded video images captured from aerial positions, including images enhanced by Forward Looking Infrared ( FLIR) and optical zoom lenses.

Manufacturer Product Description:

DJI Inspire: The DJI Inspire 1 is a powerful, quadcopter flight platform capable of capturing 4K video and transmitting an HD signal to multiple devices. It is equipped with retractable landing gear to allow capture of an unobstructed 360- degree view from its camera. The built-in camera has an integrated gimbal to maximize stability and weight efficiency while minimizing space. When no GPS signal is available or is lost, Vision Positioning technology provides hovering precision for maximum safety. The DJI Inspire 1 also has an attachable Zenmuse XT FLIR Longwave Thermal Imaging Camera System which provides high -sensitivity infrared imaging for enhanced performance during search and rescue operations, locating missing persons, assisting on fire responses and other emergency situations. The Inspire 1 weighs approx. 6. 74 lbs. fully equipped, can reach speed of approx. 16 ft/ s, and has an approx. 25- 30 min. flight time.

DJI Phantom 4: The DJI Phantom 4 Pro is an extremely smart sUAS flying camera with multidirectional collision avoidance technology made up of vision and infrared sensors, making it intelligently avoid obstacles during flight. Its camera system offers unprecedented image quality with greater clarity, lower noise, higher resolution photos and videos. Dual frequency support in the remote controller makes the HD video downlink more efficient and more stable. The Phantom 4 Pro features a more efficient propulsion system allowing a 4db (60%) operational noise reduction. The

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Other Notes: None.

Equipment Type: Semiautomatic Rifles and Ammunition CA Gov' t Code 7070(c)( 10) Quantity Owned/ Sought 18 owned Lifespan: Approximately 15 years Equipment
projectile
Capabilities:
bullet.

The Aero Precision X15 semiautomatic rifle is capable of firing 5. 56mm Manufacturer Product Description: The Aero Precision X15 rifle features the Atlas R- ONE 10.5" barrel, front and rear folding aluminum sights, Aimpoint Red Dot Laser sight system, Inforce WMLX Tactical light, Blue Force Vickers Sling system and Magpul Gen. 2 30 rd.) magazine.

Purpose/ Authorized Uses: Officers may deploy the patrol rifle in any circumstance where the officer can articulate a reasonable expectation that the rifle may be needed. Examples of some general guidelines

1. Situations
for deploying
where
the
the
patrol
officer
rifle
reasonably
may include
anticipates
but are not
an armed
limited
encounter.
to:

2. range.

3. firepower.

4. or a

5. 6.

When
Situations
When
person
When
When
with
an
an
an
authorized
officer
officer
a
officer
where
hostage.
is
an
reasonably
reasonably
or
faced
officer
requested
with
reasonably
a
believes
believes
situation
by a supervisor
that
that
expects
that
there
a suspect
the
may
require
need
may
be a
accurate
to meet
need
be wearing
to
or
fire
and
exceed
on
body
effective
a
armor.
a
barricaded
suspect' s
fire at long
person
may
Fiscal
ongoing
Impacts:
costs
initial
for
cost of equipment
will
was
and
approximately
maintenance is
18,000
conducted
funded
by departmental
by SLESF COPS
staff
The Grant.
certified armorer.

The vary
and/ or
ammunition
Legal/ Procedural
use of force. Various
Rules
Morro
Governing
Bay Police
Use: All
Department
applicable
Policies
State,
on
Federal
Use of
and
Force
Local
and
laws
Firearms.
governing police
Training
as well as
Required:
regular department
Officers
firearms
successfully
training
complete
and qualifications
a CA POST certified
as required
24- hour
by law
patrol
and
rifle
policy.
must course
Other
from
this document
this
Notes:

Military
an
Equipment
rifles
abundance
are standard
Use
of
Policy
caution
issue service
per CA
and
Gov't
in the
weapons
Code
interest
7070
for
of
our
transparency.
c)( 10).
officers and
have
therefore
been
exempted
included in
These
in
They
Equipment Type: 40mm Less Lethal Launchers and Kinetic Energy Munitions — CA Gov't Code 7070(c)( 14)
12 Ga Less -Lethal Shotgun and bean bag munitions- CA Gov't Code §7070(c)( 14) Pepperball Gas powered Launchers- CA Gov't Code § 7070(c)( 12) Quantity Owned/ Sought. 40 mm Launchers (2) ( back
ordered). 12 Ga. Less -Lethal shotguns (5), Pepper ball gas powered launchers (2)
Lifespan: Approximately 10- 15 years
Equipment Capabilities. The 40mm Less Lethal Launcher is capable of firing 40mm Kinetic Energy Munitions, which are essentially rubber, foam, pepper ball or bean bag projectiles, Smoke grenades and/ or Gas.

The Remington 12 GA. Less -Lethal shotgun can fire a bean bag munition.

The Pepperball FTC launcher is capable of firing pepper balls.

Manufacturer Product Description:
40mm Single Tube Launcher, DT- LMT 1425: Manufactured exclusively for Defense Technology®, the
40LMTS is a tactical single shot launcher that features an expandable ROGERS Super Stock and an adjustable Integrated Front Grip (IFG) with light rail. The ambidextrous Lateral Sling Mount (LSM) and QD mounting systems allow both a single- and two -point sling attachment. The 40LMTS will fire standard 40mm less lethal ammunition, up to 4.8 inches in cartridge length. The Picatinny Rail Mounting System will accept a wide array of enhanced optics/ sighting systems. 40mm Multi Tube Launcher, DT-LMT 1440: Designed for riot and tactical situations, the Defense Technology® 1440 40mm Tactical 4-Shot Launcher is low -profile and lightweight, providing multi -shot capability in an easy to carry launcher. It features the Rogers Super StOCTM expandable gun stock, an adjustable Picatinny mounted front grip, and a unique direct -drive system to advance the magazine

cylinder.
officers.

Remington 870
launchers
12 GA.
are
Less -Lethal
Tight weight,
shotgun:
versatile
Pump
and
orange
of

2. 95
option.

It
situations.

Ball
used
has
lbs.,
launchers
and
action
and
is
full
the
by
operates
used
designated
mechanical
shotgun
law
most
worldwide
enforcement
versatile
pepper
at
distinctly
3000
manufactured
ball
psi
by
non
yellow
organizations
as
FTC
police
with
lethal
less
launcher
front
lethal
an
in
and
by
color
accuracy
Remington
system
corrections
and
worldwide.
force
is a
available,
high
easy
range
options.
sights
Arms
of
These
for sport
firearms
shooting,
FTC
are
Gas
hunting
distinctively
powered
and
Launcher:
self-defense
with
Pepper
force
solely
operation,
These
Pepperball
marked
allowing
capacity,
approx.
and
identification
an electronic
officers
65 semi
feet
as
automatic
and
a
to
anti
less/ non- lethal
deploy
holds
jam
launcher.
approx.
it
loading
in a wide
use
180
feature.

It
range
weighs
rounds.
of
The
are
rear
These for
Purpose/ Authorized
Pepperball
options.

Launchers
Uses
and Kinetic
40mm Less
Munitions
Lethal Launchers,
are intended
12 GA.
for
Less -Lethal
use as a Tess
shotguns
lethal
and
use of force
The
Energy
Fiscal
COPS
Remington
Pepper
SLESF
ongoing
Impacts:

Grant
COPS
funds.
870
FTC
Grant
costs
staff
40mm12
Gas
funds.
for
initial
initial
a
cost
cost
initial
certified
will
of
of
this
this
vary
cost
armorer.
of this equipment
on
was
use/ training)
was
approx.
approx.
was
3, 000
5,000
approx.
and maintenance
purchased
general
2, 362
fund).
is
through
conducted
SLESF
through
by
Ball
Ga.-
and/ or
Launcherequipment
equipment
based
purchased
The
departmental
munitions
Legal/ Procedural
use of force. Various
Rules
Morro
Governing
Bay Police
Use: All
Department
applicable
Policies
State,
on
Federal
Use of
and
Force
Local
and
laws
Crowd
governing
Control.
police
Training
Less
qualifications
lethal
Required:
course
as required
and
Officers
specified
must
by
complete
Pepperball
and policy.
a department
training as well
approved/ certified
as regular firearms
40mm course,
training and
12 GA.
law
Other Notes: None.

Section Two: The following list of Qualifying Equipment may be owned and/ or utilized by law enforcement units with which the Morro Bay Police Department collaborates and/ or participates for law enforcement purposes to include but not limited to: SLO Regional SWAT SLO County Sheriff Dept., CHP, State Parks, Calif. Dept. of Fish and Wildlife. *( Not all agencies own/ utilize each of these equipment items).

Equipment Type: Unmanned, remotely piloted, powered ground vehicles CA Gov't Code 7070(c)( 1) Quantity Owned/ Sought: None outside owned) Lifespan: Estimate approx. 15 years Equipment
information
Capabilities:
and intelligence
Vehicles
in the
are capable
form of video
of being
and still
remotely
images
navigated to provide
to first
scene
transmitted responders.

Manufacturer
without
Product
need/ requirement
Description/ General
of human
Description•
presence on
Remote
board.
vehicle to be operated on the
ground
Purpose/ Authorized
first
of,
responders
sending in
with
personnel.

Uses
the ability
To enhance
to capture
the safety
video
of
and
potentially
still images
dangerous
of hazardous
situations
areas prior
by providing
to, or in lieu

Fiscal Impacts: MBPD contributes approx. $6, 000 annually to SLO Regional SWAT for equip/ maint.

Legal/ Procedural Rules Governing Use: The use of unmanned, remotely piloted powered ground vehicles potentially involves privacy considerations. Absent a warrant or exigent circumstances, operators and observers shall adhere to all applicable privacy laws and shall not intentionally record or transmit images of any location where a person would have a reasonable expectation of privacy e. g., residence yard, enclosure).

Training Required: The San Luis Obispo Regional SWAT Team provides internal training for staff members prior to allowing them to pilot these vehicles.

Other Notes: The Morro Bay Police Department participates in the San Luis Obispo Regional SWAT Team (SLO Reg SWAT). This equipment may be owned and operated by SLO Regional SWAT through the San Luis Obispo Police Department. While the Morro Bay Police Department does not own or operate this equipment it could be used in Morro Bay by SLO Regional SWAT (or an allied agency) if they are requested/ deployed to an incident within city limits.

Equipment Type: Mine Resistant Ambush Protected Vehicles MRAP) CA Gov't Code 7070(c)( 2) Quantity Owned/ Sought: None outside owned) Lifespan: Estimate approx. 15 yrs.

Equipment
armored protection
Capabilities: Capable
from gunfire.
of transporting personnel and equipment while providing them with Manufacturer
personnel vehicle
Product
utilized
Description/ General
for law enforcement
Description:
purposes.

Commercially produced wheeled armored
Purpose/ Authorized
which there is reason
Uses
to expect
To move
potential armed
and/ or
resistance
resources
requiring
in support
protection.
of tactical operations in personnel
Fiscal Impacts: MBPD contributes approx. 6, 000 annually to SLO Regional SWAT for equip/ maint.

Legal/ Procedural
determine
reason to
that
expect
there
potential
Rules
is
Governing
a need
armed
to move
resistance
Use: The
personnel
MRAP
requiring
can
and/ or
its
be deployed
resources
protection.
any
into
time
areas
tactical
in which
operators
they have
Training Required:
prior to allowing
San
them
Luis Obispo
to drive
Regional
MRAP
SWAT
vehicles
The Team provides internal training for staff
members
Other
Team
the
operate
they
San
Notes:

SLO
Luis
this
requested/ deployed
Reg
Obispo
equipment
SWAT).

Morro
Police
This
it
Bay
Department.
could
Police
equipment
to
be
an
Department
may
While
in Morro
within
be
the
participates
owned
Morro
Bay
city
and
by
limits.

Bay
SLO
in
operated
Police
the
Regional
San
Department
by
Luis
SLO
SWAT
Obispo
Regional
or
does
an
Regional
allied
SWAT
not own
agency)
SWAT
through
or
if
The
used
are incident

Equipment
7070(c)( 3)
Type: Wheeled vehicles that have a breaching apparatus attached CA Gov't Code Quantity Owned/ Sought: None outside owned) Lifespan: Estimate approx. 15 yrs.

Equipment Capabilities: Capable of breaching doors gates, and other points of entry.

Manufacturer Product Description/ General Description: The breaching vehicle/ apparatus is a mobile armored
locations
breaching
to maximize
system
officer
to allow
and civilian
safe and
safety
effective entry methods into high risk or fortified
Purpose/ Authorized Uses: Breaching doors, gates, and other points of entry.

Fiscal Impacts: MBPD contributes approx. 6, 000 annually to SLO Regional SWAT for equip/ maint.

Legal/ Procedural
operators determine
Rules
that
Governing
it is necessary
Use: Breaching
to complete
vehicles
a lawful
can
breaching.
be deployed
For
any
a breaching
time tactical
to be lawful,
it will generally need to be supported by a search or arrest warrant, or exigent circumstances.

Training
members
Required:
prior to allowing
The San
them
Luis Obispo
to drive
Regional
breaching
SWAT
vehicles.

Team provides internal training for staff
Other Notes: The Morro Bay Police Department participates in the San Luis Obispo Regional SWAT Team SLO Reg SWAT). This equipment may be owned and operated by SLO Regional SWAT through the
operate
San Luis
this
Obispo
equipment
Police
it
Department.
could be used
While
in Morro
the Morro
Bay by
Bay
SLO
Police
Regional
Department
SWAT or
does
an allied
not own
agency)
or
if
they are requested/ deployed to an incident within city limits.

Equipment
Gov't Code 7070(c)( 7)
Type: Battering rams, slugs, and breaching apparatus that are explosive in nature CA Quantity Owned/ Sought: None outside owned) Lifespan: Estimate approx. 15 yrs.

Equipment Capabilities: Capable of breaching doors gates, windows, and other points of entry.

Manufacturer
conduct an explosive
Product
breach
Description/ General
to create an entry
Description:
or exit point
Explosive
during
breaching
a high risk
tools
or tactical
that are
situation
used to
Purpose/ Authorized Uses: Breaching doors, gates, windows, and other points of entry.

Fiscal Impacts: MBPD contributes approx. 6,000 annually to SLO Regional SWAT for equip/ maint.

Legal/ Procedural
deployed any time
Rules
tactical
Governing
operators
Use:
determine
Breaching
that
apparatus
it is necessary
that are
to
explosive
complete
in
a
nature
lawful
can
breaching
be
and non -explosive breaching methods are not tactically practicable. For a breaching to be lawful, it will generally need to be supported by a search or arrest warrant, or exigent circumstances.

Training Required The San Luis Obispo Regional SWAT Team provides internal training for staff members prior to allowing them to use explosive breaching apparatus.

Other Notes: The Morro Bay Police Department participates in the San Luis Obispo Regional SWAT Team SLO Reg SWAT). This equipment may be owned and operated by SLO Regional SWAT through the San Luis Obispo Police Department. While the Morro Bay Police Department does not own or operate this equipment it could be used in Morro Bay by SLO Regional SWAT or an allied agency) if they are requested/ deployed to an incident within city limits.

Equipment
Gov't Code
Type'
7070(c)( 12)
Flashbang grenades, explosive breaching tools, tear gas and pepper balls CA Quantity Owned/ Sought: None outside owned) Lifespan: Estimate 3- 5 yrs.

Equipment Capabilities: Capable of breaching doors, gates, windows and other points of entry, creating explosive distractions, and/ or deploying tear gas or pepper chemical.

Manufacturer Product Description/ General Description: A distraction device is used to distract dangerous suspects during assaults, hostage rescues, room entry, or other high risk arrest situations.

Purpose/ Authorized Uses: breaching doors, gates, windows, and other points of entry, creating explosive distractions and/ or deploying tear gas or pepper chemicals.

Fiscal Impacts: MBPD contributes approx. 6 000 annually to SLO Regional SWAT for equip/ maint.

Legal/ Procedural Rules Governing Use: Breaching apparatus that are explosive in nature can be deployed any time tactical operators determine that it is necessary to complete a lawful breaching and non -explosive breaching methods are not tactically practicable. For a breaching to be lawful, it will generally need to be supported by a search or arrest warrant or exigent circumstances. Tear gas and balls be deployed in with all applicable State, Federal and Local laws governing
pepper
police
can
use
only
of force, crowd control,
accordance
etc.

Training Required: The San Luis Obispo Regional SWAT Team provides internal training for staff members as required) prior to allowing them to use any of these items.

Other Notes: The Morro Bay Police Department participates in the San Luis Obispo Regional SWAT Team Reg SWAT). This be by SLO Regional SWAT through
the
operate
San
SLO
Luis
this
Obispo
equipment
Police
it
Department.
could
equipment
be used
may
While
in Morro
the
owned
Morro
Bay
and
by
Bay
SLO
operated
Police
Regional
Department
SWAT or
does
an allied
not own
agency)
or
if
to incident limits.
they are requested/ deployed an within city

Equipment Type: Long Range Acoustic Device LRAD) CA Gov't Code 7070(c)( 13) Quantity Owned/ Sought: None outside owned). Lifespan: Estimate approx. 20-25 yrs.

Equipment Capabilities: LRAD systems are a type of Acoustic Hailing Device AHD) used to send messages
loudspeakers
the ears of
over
or
people
long
megaphones.
in
distances.
their path.

LRAD
Over
systems
shorter distances,
produce much
LRAD
higher
signals
sound
are loud
levels
enough
volume)
to cause
than normal
pain in
Manufacturer Product Description/ General Description: LRAD systems are a type of Acoustic Hailing Device AHD) used to send messages over long distances. LRAD systems produce much higher sound levels
loud enough
volume)
to
than
cause
normal
pain in
loudspeakers
the ears of
or
people
megaphones.
in their path.

Over shorter distances, LRAD signals are
Purpose/ Authorized Uses: Can be used to disperse unlawful crowds and/ or to disrupt the activities of person( s) who represent an immediate threat to others.

Fiscal Impacts: MBPD contributes approx. 6 000 annually to SLO Regional SWAT for equip/ maint.

Legal/ Procedural
State, Federal and
Rules
Local
Governing
laws governing
Use: LRADs
police use
can only
of force,
be deployed
crowd control,
in accordance
etc.
with all applicable
Training Required: The San Luis Obispo Regional SWAT Team provides internal training for staff members prior to allowing them to use any of these items.

Other Notes: The Morro Bay Police Department participates in the San Luis Obispo Regional SWAT Team SLO Reg SWAT). This equipment may be owned and operated by SLO Regional SWAT through the San Luis Obispo Police Department. While the Morro Bay Police Department does not own or operate this equipment it could be used in Morro Bay by SLO Regional SWAT or an allied agency) if
they are requested/ deployed to an incident within city limits.

Equipment Type: Mobile Incident Command MIC)- CA Gov' t Code 7070(c)( 5) Quantity Owned/ Sought: None outside owned) Lifespan: Estimate 10- 15 yrs.

Equipment
incident, natural
Capabilities:
disaster,
On
etc.
site platform for command, control and communications during a critical Manufacturer Product Description/ General Description: A mobile office that provides shelter, access to
events.
police department computer systems, radio communications, and restroom facilities on extended Purpose/ Authorized Uses: Vehicle/ trailer used as a main workspace and storage area to operate as mobile
interior
command
and exterior
center
workspaces
to support
as
management
well as command
of incidents
and control
and
capabilities.
planned events by providing
Fiscal Impacts: MBPD contributes approx. 6, 000 annually to SLO Regional SWAT for equip/ maint.

Legal/ Procedural Rules Governing Use: Mobile Command Centers are deployed in accordance with all applicable State Federal and Local laws governing police emergency use during critical incidents, natural disasters, emergency management operations and planned events.

Training Required: The San Luis Obispo Regional SWAT Team provides internal training for staff members prior to allowing them to utilize Command Center vehicles and equipment.

Other Notes: The Morro Bay Police Department participates in the San Luis Obispo Regional SWAT Team SLO Reg SWAT). This equipment may be owned and operated by SLO Regional SWAT through the San Luis
this
Obispo Police
it
Department.
be
While
in Morro
the Morro
Bay by
Bay
SLO
Police
Regional
Department
SWAT
does not own or
operate equipment could used or an allied agency)
if
they are requested/ deployed to an incident within city limits.

ANNUAL REPORT 2023
EQUIPMENT USAGE LOG 1/2023 - 12/2023

Date Item Used Quantity Used Summary of Use
1/2023 - 12/2023 UAS 124
Equipment used for a variety of missions including: search of missing persons, support of patrol officers during suspect apprehension, crime scene documentation, traffic collision scene documentation, structure fires, monitoring/documentation of congestion, training of operators.

COMPLAINT LOG 1/2023 - 12/2023
Date Complaint Item Used Summary of Complaint
NONE
REQUESTED NEW ITEM 2023 Quantity/Unit Approved/Date
NONE

Prepared By: AD Dept Review: _GK__
City Manager Review: _YK__ City Attorney Review: LNL
Staff Report
TO: Honorable Mayor and City Council DATE: April 30, 2024 FROM: Austin Della, PE – Senior Civil Engineer
SUBJECT: Professional Services Agreement to Brady and Associates for Conditions Assessment of Revetment and Seawalls.

RECOMMENDED ACTION
Authorize the City Manager to execute an agreement with Richard Brady and Associates (Brady) to perform an Inspection and Conditions Assessment of Revetment and Seawalls (Assessment) in an amount not to exceed $287,315.00, with an additional 5% contingency budget of $14,365.75 executable by the City Manager.

ALTERNATIVES

1. City Council may reject the proposed agreement or suggest modifications to the scope of work.

2. City Council may provide other direction to staff.

FISCAL IMPACT
The recommended agreement with Brady to complete the assessment for $287,315.00 and additional 5% contingency budget ($14,365.75) totals $301,680.75. Staff identified funding to cover the contract costs within existing capital project budgets approved by City Council for the FY23 capital budget as follows:

Existing Capital Project Budgets Funding Source Amount
Harbor Capital Needs Assessment Harbor CIP Fund:
923-8240 $143,112.50
Citywide Capital and Facilities Planning General Fund CIP Fund: 915-8240 $158,568.25
Total: $301,680.75

BACKGROUND/ DISCUSSION
The Assessment was approved by City Council in the FY 22/23 budget to conduct a detailed and thorough assessment of Harbor infrastructure to allow the City to understand and prioritize capital needs, plan for future improvements, and request funding from outside sources. The Assessment will AGENDA NO: 7.e
MEETING DATE: May 14, 2024

include structural observation, sonar and lidar based survey, geotechnical observations, and cost estimates for repair/replacement, all included in a final report that will be presented to the City. The primary objective of this project is to conduct a thorough Assessment of the revetments and seawalls to determine their maintenance requirements and potential capital needs for replacement. Of note, It is staff’s understanding that these structures have not undergone professional inspection or evaluation since their original construction. Visible signs of deterioration and erosion suggest that an Assessment is needed to accurately quantify and qualify the extent of damage or deterioration.

Moreover, this project serves the purpose of identifying any critical issues or potential failures within the seawalls and revetments. By documenting the condition of these structures, we can pursue grants specifically targeted towards their rehabilitation and replacement.

The project focus will be to solely inspect and assess the seawalls and revetments, which play an important role in safeguarding the landside infrastructure. Understanding the condition of the seawalls and revetments will help the City protect the landside infrastructure from the detrimental effects of erosion, flooding, and other natural forces. These structures serve as vital defenses against coastal hazards, preserving valuable assets, such as roads, buildings, and utilities, from damage or destruction. Therefore, by comprehensively evaluating the condition of the seawalls and revetments, we are better positioned to proactively address any vulnerabilities and ensure the continued resilience of the landside infrastructure against future coastal threats.

An RFP was issued for the Assessment in January of 2024. A staff panel reviewed a total of 4 responsive proposals, and after conducting interviews, a consultant was selected in March. After negotiations and scope modifications, City staff recommends that the Council allow staff to enter into an agreement with Richard Brady and Associates based upon the cost and scope in the attached Agreement for Services. The City believes that this is an efficient and necessary use of the Council approved $400,000 allocated for Assessment of Capital Needs. The scope and fee can be found in Attachment 2, Agreement for Services.

The Assessment is projected to begin in May of 2024 for a duration of 3 months. The final presentation of the Assessment report and recommendations would be in August/September of 2024.

CONCLUSION
Staff recommends the City Council allow City staff to enter into an agreement with Richard Brady and Associates (Brady), for performing an Inspection and Assessment of Revetment and Seawalls (Assessment), with a total project amount not to exceed $301,680.75, which includes an additional 5% contingency budget of $14,365.75 executable by the City Manager.

ATTACHMENTS

1. Brady Proposal

2. Agreement for Services

City of Morro Bay
ATTN: Austin Della, PE,
Interim City Engineer
595 Harbor Street
Morro Bay, CA 93442
PROPOSAL: INSPECTION AND

ASSESSMENT OF REVETMENTS

AND SEAWALLS
Richard Brady & Associates
February 22, 2024
Seismic Structural
Project No: MB2024-H1

Richard Brady & Associates
10089 Willow Creek Rd, Suite 375
San Diego, CA 92131
(858) 496-0500
February 22, 2024
Mr. Austin Della, P.E.,
Interim City Engineer
City of Morro Bay
595 Harbor St
Morro Bay, CA 93442
Subject: Proposal for Professional Services
Inspection and Assessment of Revetments and Seawalls
Dear Mr. Della,
Richard Brady & Associates, Inc. (BRADY) appreciates the opportunity to propose this project for the City of Morro Bay (City) to inspect and assess the condition of various revetment sections and seawalls in and around the harbor in the City of Morro Bay.

BRADY is a Southern California based multi–disciplinary engineering and construction management firm. BRADY staff has 35 employees including engineers, designers, technicians, construction inspectors, construction managers, and municipal operators, supplemented by a strong support staff. Richard Brady & Associates was founded in 1999 and recently celebrated its 24th anniversary. Through that time, we have worked with many different entities and have maintained a good financial standing. We are happy to provide any additional documentation, if needed.

BRADY serves public agencies, the federal government, utilities, and the private sector with a locally-based team of engineers, commercial engineer divers, CADD designers, environmental scientists, and support staff. We have unique specialized experience in the inspection and rehabilitation of existing infrastructure. BRADY is also an active member of the California Association of Harbor Masters & Port Captains and Association of Marina Industries.

Experienced Project Team - BRADY has assembled a team of industry leading experts with unmatched experience in waterfront projects. Our teaming partners include ENGEO and GEOVision. Like BRADY, our teaming partners are all committed to superior client service. Our proposed team has the core skill sets, experience, and objective independence, to be an asset to the City of Morro Bay in the successful completion of the Scope of Work.

Project Management
­ Our Team provides a rich mix of seasoned experts with strong technical expertise to support the tasks described in the RFP. Our Project Manager, Ms. Amanda Del Bello, P.E., will be the principal contact and is at the heart of our “Key to Success”. I guarantee that you will thoroughly enjoy working with BRADY’s #1 Project Manager.

Amanda has experience with the revetment adjacent to the North T-Pier having

ii
recently conducted underwater inspections of the pier as well as hundreds of other waterfront facilities including revetments and various types of seawalls. She was the Project Manager for the assessment of Oceanside Harbor which included inspection of 9,600 ft of revetment above and below water as well participating in public outreach and assisting the City with presenting the findings to project stakeholders. The knowledge gained from this previous experience shows that the BRADY Team is prepared and informed to complete the project on time and within the proposed budget.
­ Our Project Manager is available and will make this her priority project and will be readily available to provide the City with routine progress and status updates and meet with the City in person. We are always available by phone.

Engineering and Assessment
­ Mr. Adam Bogage, structural engineer and Quality Control for the Team has designed numerous pile supported piers and seawalls for various clients including the US Navy and Port of Long Beach, responsible for structural calculations, plan preparations, specifications and cost estimating.
­ ENGEO: Geologists and geotechnical engineers who are experienced in coastal environments will oversee geotechnical investigations and review the assessment of the revetment and seawalls to provide a geotechnical perspective. ­ GEOVision: A small California corporation, will conduct a geophysical investigation to identify subsurface voids behind the revetments.

We believe that a truly successful project doesn’t just happen by chance. It is the direct result of the people involved in managing the work, the skills they bring to the table, and their abilities to forge trusting relationships with everyone involved. We are confident that you will be impressed with our Team’s abilities and our approach for getting your work done.

BRADY confirms it is willing and able to execute the City’s standard Professional Services Agreement (PSA) and meet all of the contract and scope requirements. BRADY understands and accepts the requirements stated in the RFP. This proposal is valid for at least 90 days.

Chris Dull, P.E. Amanda Del Bello, P.E.

President Project Manager
10089 Willow Creek Rd, Suite 375 10089 Willow Creek Rd, Suite 375 San Diego, CA 92131 San Diego, CA 92131
[email protected] [email protected]
Cell: (858) 354-9366 Cell: (914) 262-6319

Table of Contents
INTRODUCTION.................................................................................................................................... 1 STATEMENT OF QUALIFICATIONS AND KEY PROJECT STAFF ...................................... 1 Qualifications of Firm..................................................................................................................................... 1 Similar Inspections and Projects.................................................................................................................... 1 Key Staff Experience ..................................................................................................................................... 2 Organizational Chart...................................................................................................................................... 3 Brief Resumes ............................................................................................................................................... 3 Quality Control/Quality Assurance................................................................................................................. 4 Consulting Team ........................................................................................................................................... 4 PROJECT UNDERSTANDING, TECHNICAL APPROACH, AND WORK PLAN ............. 7 Project Understanding ................................................................................................................................... 7 Detailed Work Approach & Methodology ....................................................................................................... 7 Work Plan.................................................................................................................................................... 14 Proposed Modifications to Scope of Work ................................................................................................... 16 CLIENT REFERENCES AND WORK PRODUCT EXAMPLES............................................... 19 CAL POLY PIER – Above and Below Water Inspection, Avila Beach, CA .................................................. 19 Oceanside Harbor – Condition Assessment, Maintenance Plan, & Financial Analysis, Oceanside, CA...... 19 Seawall Inspection Berths 78 And 79, Port of Los Angeles, Los Angeles, CA............................................. 20 City of Oceanside – Pier Utility Replacement, Oceanside, CA .................................................................... 21 San Diego Gas & Electric, Vault Maintenance Program, San Diego, CA .................................................... 21 ENGEO Project Experience......................................................................................................................... 22 EXCEPTIONS......................................................................................................................................... 23 APPENDIX A: RESUMES .................................................................................................................. 24 APPENDIX B: ESTIMATED LABOR HOURS.............................................................................. 39 APPENDIX C: EXCEPTIONS ........................................................................................................... 43 APPENDIX D: ACKNOWLEDGEMENT OF ADDENDUM.................................................... 46

1 INTRODUCTION
The RFP notes that the City of Morro Bay (City) is requesting technical proposals from qualified and experienced consultant firms to conduct a detailed and thorough inspection and assessment of the revetments and seawalls in and around the Harbor of the City of Morro Bay.

This assessment will be utilized to prioritize capital improvements and maintenance requirements as well as documentation in pursuit of potential grants for the rehabilitation and replacement of these facilities.

Three seawalls and 12 sections of revetment were identified in the RFP with approximately 395 total lineal feet of seawall and 6,730 total lineal feet of revetment.

Morro Bay’s waterfront is vital to the community, industries, and tourism of the City and maintaining the City’s revetments and seawalls is essential. Visual and tactile inspection of the revetments and seawalls is an important first step towards understanding the condition of these facilities. It is also important to consider some of these facilities are on property leased from the City. This inspection and reporting will help convey facility condition and action needed to the City’s leaseholders. BRADY is ready to assist the City through this important study to inform the best repair and long-term maintenance plan so that the waterfront can serve the community for many years to come.

STATEMENT OF QUALIFICATIONS AND KEY PROJECT STAFF

QUALIFICATIONS OF FIRM
BRADY staff has 35 employees including engineers, designers, technicians, construction inspectors, construction managers, and municipal operators, supplemented by a strong support staff. Richard Brady & Associates was founded in 1999 and recently celebrated its 24th anniversary. Through that time, we have worked with many different entities and have maintained a good financial standing with an extremely low risk of facing severe financial distress anytime soon. We are happy to provide any additional documentation, if needed.

SIMILAR INSPECTIONS AND PROJECTS
BRADY team members have extensive experience in the inspection, condition assessment, planning, design, and construction management for a wide variety of projects for public agencies in Southern California. We are inspection and repair experts on infrastructure, waterfront structures, utilities, reservoirs, buildings, pavement, and civil infrastructure.

Our specialty is inspection of existing structures and implementing maintenance programs to prolong the service life of facilities aligning with the client’s needs. BRADY’s approach focuses on the extension of service life of aging infrastructure. On-site evaluation of structural conditions, structural engineering assessment of damage, and design of repairs.

BRADY staff have worked on many similar projects with municipal clients. Recently BRADY worked with the City of Morro Bay for above and below water inspection services at the North T-Pier in 2023. BRADY and ENGEO worked together on the Condition Assessment of

2 Oceanside Harbor which included above and below water investigation of the rock revetment around the harbor.

Our Project Manager, Amanda, and Quality Manager, Adam, have extensive experience performing inspections and condition assessments on seawalls and revetments for municipal ports and the US Navy all over the world. Amanda has acted as Project Manager or Team Leader on hundreds of similar projects for example, Seal Beach Breakwater, Santa Cruz Harbor Inspection, B St Mole Pier Underwater Inspection, Tinian Harbor Assessment of Concrete and Steel Bulkheads, Rota Harbor Concrete Bulkhead Assessment, Naval Base Ventura Seawalls and Breakwaters, numerous piers, seawalls and revetments for the Port of San Diego, numerous piers and seawalls for the Port of Long Beach and Port of Los Angeles.

Most recently, BRADY has completed inspections and assessments led by Amanda for the Cal Poly Pier and revetment, Morro Bay North T-Pier, San Diego Hornblower Pier, Seawall Inspection Berths 78 and 79 at Port of Los Angeles, and Underwater Inspection of the Badger Avenue Bridge at Port of Los Angeles.

KEY STAFF EXPERIENCE
Our BRADY staff includes experienced engineers, designers, technicians, construction inspectors, construction managers, and former municipal operators, supplemented by a strong support staff. The following key BRADY staff are proposed for this project. Full resumes for all key staff and subconsultants are provided in Appendix A.

Key Staff Name Project Role Years’ Experience
Amanda Del Bello, PE Lead Point of Contact
Project Manager
17 Adam Bogage, PE QA/QC 27
Karl Kuebitz, PE Principal in Charge 25
Megan Engle Structural Inspection & Support 6
Amanda Del Bello, PE will be Project Manager, Lead Point of Contact for the City and will be the onsite inspector. Amanda is prepared to dedicate the time needed to execute this project and will provide extraordinary communication to ensure that the City and stakeholders are updated throughout the process. Karl Kuebitz, PE will serve as Principal-in-Charge. Adam Bogage, PE will be the Quality Manager. Under this management structure, there will be two teams performing inspection and assessment: BRADY, responsible for structural observations and assessments and ENGEO performing geotechnical observations and assessments. BRADY and ENGEO will generate reports which will be reviewed by each other and compiled by BRADY into draft and final deliverables. Amanda will be supported by Megan Engle, EIT for inspection and assessment. The subconsultant team will provide geotechnical, Ground Penetrating Radar (GPR) survey, and boring services. Randy Hildebrandt with ENGEO will be the primary point of contact for Geotechnical services. Mark Riches with GEOVision will provide GPR surveying services.

3 ORGANIZATIONAL CHART

BRIEF RESUMES
Amanda Del Bello, PE – Project Manager, Structural/Civil Engineer, BRADY
Ms. Del Bello will be the lead point of contact, responsible for interacting with the client and subconsultants, coordinating the structural and geotechnical investigations, the final report, and overseeing all project deliverables. Amanda has completed above and below water inspections at the Morro Bay North T-Pier and is familiar with the Harbor and revetment in this area.

Amanda has worked on many seawalls, piers, and revetments throughout her 17-year career, most notably the Oceanside Harbor revetment inspection in 2021 where she led the underwater inspection, above water geotechnical investigation with ENGEO, and the hydrographic survey. As a lifelong sailing enthusiast, Ms. Del Bello’s desire and commitment to continue working on waterfront projects, experience managing multi-discipline projects, and familiarity with City of Morro Bay staff and procedures qualify her as an excellent Project Manager for this important project.

4 Adam Bogage, PE – Quality Manager, BRADY
Mr. Bogage has over 27 years of experience in the structural design of piers, seawalls, and other waterfront infrastructure. Mr. Bogage has designed numerous pile supported piers and seawalls for various clients including the US Navy and Port of Long Beach, responsible for structural calculations, plan preparations, specifications and cost estimating. Adam has worked with ENGEO on numerous projects. He will oversee the Quality Control reviews and reporting.

Karl Kuebitz, PE –Principal in Charge, BRADY
Karl is a civil and structural engineer with over 25 years of professional experience. He specializes in infrastructure improvements in the municipal and utility markets, including water and pipeline structures, large water storage structures, desalination and utility and control integration for water treatment and handling projects. He has designed, specified and analyzed hundreds of liquid-containing concrete structures. Karl has actively involved with ACI and is a voting member of the ACI 350 committee for environmental structures. Karl spent 9 years designing and constructing 45 prestressed concrete tanks and associated structures in the Middle East, including the largest externally prestressed concrete tanks in the world at 42 million gallons. A large portion of these projects were located at desalination plants and seaports on the coast of the Persian Gulf. Karl brings a wealth of knowledge and experience to structures for water-related projects.

Megan Engle, EIT – Structural/Civil Engineering Support, BRADY Megan has six years of engineering experience with an emphasis in waterfront civil and structural design projects responsible for site planning, inspections, note taking, drafting, coordinating with sub consultants, condition assessment reports, construction support, and environmental permitting for several waterfront marinas, piers and wharves in Southern California and Florida.

QUALITY CONTROL/QUALITY ASSURANCE
BRADY has a proven Quality Assurance and Quality Control (QA/QC) program that relies on regular input from senior-level engineers and communication throughout the Project. This integrated system results in efficient delivery of quality products. Our formal QA/QC Program was developed on the principle of “Error Prevention” as opposed to “Error Catching”. The program includes a thorough review of documents at various milestone thresholds, including early in the process, to make sure the project is well coordinated between disciplines, cross references are correct between deliverables, and all narrative text is accurate. Amanda will work closely with Adam to ensure all QA/QC procedures are followed and milestone reviews are conducted.

CONSULTING TEAM
Based upon the requirements of this RFP, BRADY has assembled a comprehensive team of partners who can meet the full array of qualifications defined in this scope of services. These

5 firms, ENGEO and Geo Vision will provide the City of Morro Bay a comprehensive team to address all required services and complement one another’s strengths for this project.

ENGEO will be responsible for overseeing the borings and GEOVision for performing the GPR.

ENGEO Firm Profile
ENGEO is an award-winning, employee-owned, California Corporation of more than 400 geotechnical and civil engineers, geologists, hydrologists, hydrogeologists, environmental scientists, coastal engineers, construction quality-assurance representatives, and laboratory testing specialists serving clients in the U.S. and abroad for over 50 years.

ENGEO is one of California’s premier specialists in the evaluation and mitigation of adverse geotechnical conditions resulting from coastal processes, including sea level rise. With over 50 years of experience working with local and state agencies, ENGEO provides comprehensive coastal engineering services including site characterization, investigation, design, and construction observation for private, public, and military projects. In addition to the geotechnical design and construction services for coastal projects, ENGEO uniquely provides specialized A&E services for coastal projects and prepares construction documents, specifications, construction estimates and regulatory permit applications.

Over the years ENGEO has worked along the California coastline serving local communities and private property owners to evaluate coastal hazards and design appropriate stabilization solutions. They have developed successful working relationships with many coastal communities, including the California Coastal Commission, the State Lands Commission, the U.S. Army Corps of Engineers, and the Regional Water Quality Control Board. They have experience navigating the strict constraints the California Coastal Commission imposes on coastal projects.

ENGEO has recently served on relevant projects including the Diablo Canyon Power Plant Decommissioning, Dana Point Harbor Revitalization, P-519 X-Ray Wharf Berth 2 in Guam, and Ocean Boulevard Improvement and Coastal Bluff Stabilization project.

GEOVision Firm Profile
GEOVision Geophysical Services, a small California Corporation, offers state-of-the-art geophysical services using the most modern techniques and instrumentation to provide cost effective solutions to engineering and environmental problems. Since May 1995 GEOVision has specialized in the application of geophysics to engineering and environmental investigations. GEOVision also applies geophysics to other shallow investigations such as archaeological and ground water exploration. GEOVision is dedicated to providing geophysical consulting services to assist clients on environmental, engineering, and other shallow investigations.

GEOVision services include geophysical measurement, analysis, and monitoring. They specialize in non-invasive methods of investigation that may reduce the overall cost and liability in engineering and environmental projects. The use of geophysics can provide a better understanding of the source, location, and migration of subsurface contaminants; subsurface

6 geologic and hydrologic conditions; subsurface infrastructure; engineering properties of soil and rock; and earthquake hazard. Geophysics also has applications in archaeological investigations and ground water exploration programs. GEOVision also provides vibration monitoring services.

Narrative Approach to Scope of Work
The ENGEO team will be led by Randy Hildebrant, PE, GE who is physically located in their Central Coast office located in Santa Maria, California, a relatively short drive to Morro Bay.

Randy began his engineering career by attending Cal Poly San Luis Obispo for his undergraduate Bachelor of Science degree in Civil Engineering. He further developed his Geotechnical Engineering expertise by advancing his education at the University of California, Berkeley and earning a Master of Science in Engineering degree with a specialty in Geotechnical Engineering. Randy is a member of the board for the local San Luis Obispo Chapter of the American Society of Civil Engineers and holds an officer position as chapter historian.

ENGEO has an extensive history of working on port and waterfront projects throughout California and local knowledge of Morro Bay, and the surrounding area. With our current experience working with the County of San Luis Obispo at Diablo Canyon Power Plant and Port of Long Beach related to Offshore Wind, in addition to their past experience working with Morro Bay, they have assembled a highly capable and experienced team to support BRADY with extensive knowledge in Geotechnical Engineering, Geology, Coastal Engineering, Environmental Engineering (Hazardous Materials), and Geographic Information Systems (GIS).

Randy Hildebrandt, P.E., G.E. – Engineering Geology, ENGEO Mr. Hildebrant will be the Project Manager for ENGEO with support from Greg Spaulding and Jeff Fippin, (see resumes in Appendix A) and is responsible for coordinating the geotechnical observation and soil borings, including subconsultants and subcontractors, for the assessment.

Randy is located locally in the Santa Maria office and has worked on seawalls, piers, and wharfs spanning across the Pacific Ocean, including the Ocean Boulevard bluff stabilization project in Pismo Beach and upgrades to X-Ray Wharf in Naval Base Guam. He has also performed geotechnical engineering for various port and harbor facilities located in the San Francisco Bay Area and is actively engaged for geotechnical and geological review on behalf of the County of San Luis Obispo for the potential Diablo Canyon Power Plant decommissioning. In addition, Randy currently provides geotechnical engineering and geologic third-party review for the City of Morro Bay. Randy was previously an engineering intern with The City of Morro Bay and understands the nuances of working in the City.

7 PROJECT UNDERSTANDING, TECHNICAL APPROACH, AND WORK
PLAN

PROJECT UNDERSTANDING
Morro Bay’s waterfront is vital to the community, industries, and tourism of the City and maintaining the City’s revetments and seawalls is essential. In 1935 Morro Rock was transformed from an island by building the rock revetment that connects the rock to shore at Coleman Beach. During the Second World War, the Navy initiated major development of the Harbor including building the north and south breakwaters, the two T-Piers, and dredged and filled behind the inner harbor revetment creating the current Embarcadero Road on what was previously tidal flats. It is understood there has been little to no maintenance performed on these facilities since their construction.

Visual and tactile inspection of the revetments and seawalls is an important first step towards understanding the condition of these facilities.

BRADY is ready to assist the City through this important study to inform the best repair and long-term maintenance plan so that the waterfront can serve the community for many years to come. Following the inspection with a geotechnical study using ground penetrating radar to identify areas of concern behind the facilities will help guide recommendations for borings and repair recommendations.

Estimated labor hours are provided in Appendix B.

DETAILED WORK APPROACH & METHODOLOGY
BRADY has developed condition assessment tools that we have applied to a wide variety of water and land-based assets. This section details the standard processes, tools, and resources that we employ when undertaking these analyses and BRADY’s approach to structural and geotechnical observations of the revetment and seawalls. Project deliverables and presentation of findings to project stakeholders is also discussed.

Inspection & Assessment: BRADY team members have extensive experience in the inspection, condition assessment, and design of repairs for waterfront structures, utilities, and their supporting operations systems. BRADY understands the importance of consistency and

8 detail for a project of this nature. BRADY’s business philosophy and commitment to the City is to dedicate a consistent Project Manager and Team Leader throughout the entire project. The engineers performing the physical inspection will be the same ones doing the reporting, working with partner firms, compiling the final deliverables and presenting them to the City staff.

In accordance with ASCE MOP 130 Waterfront Facilities Inspection and Assessment, a Routine Inspection will be conducted to assess the condition of each facility, assign a Condition Assessment Rating (for seawalls), and make repair recommendations. The intent is to identify deteriorated elements to be repaired before the structural integrity is compromised. Defects will be recorded on a site plan which will identify dock and slip numbers on a grid system.

Diving is not included in this proposal. Should there be a need for a dive inspection after the visual inspection, an underwater inspection will be recommended. BRADY is prepared for underwater inspection with ADCI certified BRADY engineer-divers to perform a visual and tactile inspection (Level I) of all underwater elements, partial marine growth removal of representative sample (Level II), and nondestructive testing (Level III). Defects will be recorded using wireless communications from diver to topside as well as the diver taking notes with an underwater slate. Photo and video documentation will also be taken.

Structural Field Observations
BRADY’s Project Manager, Amanda
will serve as team leader and perform
the visual and tactile investigation of
the revetment and seawalls. Since a
dive inspection and underwater
survey is not part of the investigation,
BRADY will make an effort to inspect
the facilities at the lowest tides
available during the inspection
window. Since it will be difficult to
inspect all the facilities during low
tide and meet the schedule provided,
the visual and tactile inspection will
occur above water at any tide and BRADY will take a second pass of all facilities during a low tide. As required, suspect areas, randomly selected areas, and every 100 feet will be inspected by wading or snorkeling in the water in order to reach -2 ft MLLW.

9 Using an aerial image, stationing for each facility will be established. In the field, stationing will be marked out every 100 feet
and at the beginning and end
of each facility. At each 100-
foot station of revetment, start
and end of a facility, photo
documentation will be
provided along with
recording rock size, gradation,
rock weathering, subsidence,
or any other observable
defects. The visual inspection
will include looking for signs
of settlement or instability,
areas missing the protection
layer, and signs of erosion at
the toe of the slope (if visible
at -2 ft MLLW).

The slope will be measured using a tape measure, pole, and laser to record the elevation from the top of slope to -2 ft MLLW at ten-foot horizontal intervals. Observed defects between 100- foot stations will also be recorded with photo and description.

The visual and tactile
inspection of the seawalls
will be conducted during a
minus tide by walking,
wading, or from a small boat
if the depth prohibits
wading. The seawalls will be
visually inspected for
misalignment of the overall
structure, plumbness, and
the material condition and
structural integrity will be
assessed. The mudline or
rockline in front of the wall (if
accessible at -2 ft MLLW) will
be evaluated for scour,
undermining, or stone
displacement. The top of wall will be inspected by walking along the seawall and areas of potential sediment, sinkholes, and drainage issues will be identified behind the wall. Defects will be recorded with photo documentation and description of defects.

10 Geotechnical Field Observations, Ground Penetrating Radar, and Borings
Geotechnical
Observation. ENGEO will
perform Level 2 –
Geotechnical Observation –
using ground penetrating
radar (GPR) of Seawall SE01 and the revetments. We
will coordinate with the
geophysical consultant,
Geo Vision, to perform the
GPR survey. The GPR depth
will generally be limited to
approximately 10 feet or the
groundwater level,
whichever is less. GPR is
limited to the upper unsaturated subsurface. The GPR survey will extend 20 feet out horizontally landward from the top of the seawall or revetment as outlined in the RFP; however, the survey area will be limited to only the areas clear to use the equipment. In addition, areas of the existing boardwalk will also not be surveyed due to the voids preventing the equipment to image the subsurface. To perform the GPR survey to the requested 20 feet out horizontally landward, the work area will need to be closed to vehicles at Seawall SW-01, and Revetments RVT-03, RVT-05, RVT-06, RVT-08, RVT-09, RVT-10, and RVT-12.

It is noted in Addendum No. 1 that the City will provide limited support to restrict vehicles in work areas and it is the consultants’ responsibility to coordinate with property owners and/or lease holders. The City will assist in processing Encroachment Permits, if needed. We estimate a number of staff hours for placing “No Parking” signs and to coordinate with property owners and/or lease holders at the various work areas; however, the actual time needed will be dependent on coordinating with the necessary persons at each location.

Following GPR, the geophysical consultant will prepare a report with observed anomalies, significant deviations in subsurface density, and potential voids. We will review the GPR report and identify areas to perform geotechnical soil borings.

Soil Borings. If it is recommended that various anomalies be further explored with geotechnical soil borings, ENGEO will subcontract with a drilling contractor to perform hollowstem auger borings to an approximate depth of 10 feet. We assume that the areas of the borings will be accessible by a track-mounted CME 55 or 75 drill rig. Locations requiring limited access drilling equipment will require an additional fee.

We will provide appropriate notification to Underground Service Alert (USA) prior to performing our exploration to locate public utilities in potential conflict with the proposed

11 subsurface exploration. In addition to USA, we will subcontract with a private utility locator to attempt to locate utilities not identified through the USA process. ENGEO or its subcontractors will accept no responsibility for damage to existing utilities not accurately located.

An engineer or geologist from ENGEO will observe the drilling operations and log the subsurface conditions encountered. We will collect soil samples at frequent depth intervals for visual classification and laboratory testing. The RFP identifies in-situ density testing and max density testing at each of the boring locations. We will perform laboratory testing of liner samples in our laboratory for density; however, this testing will be limited to soil with enough cohesion to stay relatively intact during sample extrusion. For samples where laboratory density testing cannot be performed, approximate relative density will be estimated from blow count. We will perform a laboratory modified proctor compaction curve on a bulk sample collected from each boring to estimate maximum dry density. The base fee assumes two borings will be performed with a lump sum fee for each additional boring. We assume that the additional borings will be performed in the same mobilization as the first two borings. We assume that six borings can be performed in 1 day and any fees for Encroachment Permits (if required) will be waived. We also included the cost to perform coring of existing concrete flatwork.

Similar to performing GPR, the soil borings will require areas to be clear of vehicles in addition to people. We estimated a number of staff hours for placing “No Parking” signs and to coordinate with property owners and/or lease holders at the various work areas; however, the actual time needed will be dependent on coordinating with the necessary persons at each location.

Due to the potential for shallow groundwater adjacent to the harbor, the County of San Luis Obispo is requiring a permit
through the Environmental
Health Department to drill. We
will permit the borings with
the County of San Luis Obispo
and backfill them with cement
grout. We will collect excess
cuttings and dispose of them
off-site.

Site Access and Hazardous
Materials. Necessary removal
or unlocking of fences or
gates, permission to enter the
site from the current owner or
leaseholder, and/or required
use permits must be secured by the City prior to our field activities. If site access or weather conditions restrict our field operations, a revision to our fee may be necessary.

12 If we identify potentially hazardous materials either visually or by odor during our exploration, we will notify you as soon as possible of such an occurrence in order to decide mutually whether to continue, modify, or cease the remainder of the field exploration program.

Additional costs incurred as a result of encountering suspected hazardous materials will be charged on a time-and-expense basis over and above the estimated fee for the exploration proposed herein.

Review of Level 1 – Tactile Observation Data. ENGEO will review the data collected during BRADY’s visual and tactile investigation including, survey data; photographs; cross-sections; notes on rock size, apparent gradation and weathering; and notes on anomalies. ENGEO will prepare a technical memorandum with our general geotechnical opinions regarding the data collected and conditions observed which will be incorporated in the BRADY draft and final reports.

Deliverables
Observations and recorded data will be organized into a Condition Assessment Report following the guidelines provided by ASCE Manual “Waterfront Facilities Inspection and Assessment”. The report will include an executive summary, description of existing facilities, a summary of the findings obtained during the inspection and a high-level discussion of repair recommendations. Appendices will include Google aerial images identifying stationing of each facility, an appendix of photos with description, a table of defects, and cross sections at 100-foot sections portraying the existing slope compared with the design slope (where available).

Figure 1. Example of existing slope (red line) compared with the design slope.

13 The assessment report will consider the following in the evaluation of the structures.

Damage Rating: During inspection, damage ratings are assigned to each element inspected to characterize the existing level of damage or deterioration. A damage rating is assigned to each element inspected in accordance with the guidelines presented in ASCE MOP 130 for timber, steel, reinforced concrete, and prestressed concrete. Damage ratings used are minor, moderate, major, and severe.

Condition Rating: A Condition Assessment Rating will be assigned to each element group and overall dock or structure. A scale of 1 to 6 is used for the rating system, as detailed below.

1. “Critical” – Very advanced deterioration, overstressing, or breakage has resulted in localized failure(s) of primary structural components. More widespread failures are possible or likely to occur.

2. “Serious” – Advanced deterioration, overstressing, or breakage may have significantly affected the load-bearing capacity of primary structural components. Local failures are possible.

3. “Poor” – Advanced deterioration or overstressing observed on widespread portions of the structure.

4. “Fair” – All primary structural elements are sound, but minor to moderate defects and deterioration observed. Localized areas of moderate to advanced deterioration may be present but do not significantly reduce the load-bearing capacity of the structural element.

5. “Satisfactory” – Minor to moderate defects and deterioration observed, but no overstressing observed.

6. “Good” – No problems or only minor problems noted. Structural elements may show some very minor deterioration, but no overstressing observed.

Repair Recommendations & Prioritization: Data collected from the field as well as experience from subsequent assessments are considered with the goal of presenting repair recommendations in a prioritized manner considering severity of the damage.

These are also evaluated in the projections of standard component life. Once the defects are identified, the condition ratings assigned, and repair recommendations will be provided.

Presentation of Findings to City Stakeholders and Decision-Making Bodies
The RFP notes that the consultant will assist City staff in presenting a clear, concise, professional summary slide deck of the report and finding at up to three public meetings, including the Citizens Finance Advisory Committee (CFAC), Harbor Advisory Board (HAB), and the City Council.

BRADY is committed to working with project stakeholders along with the City to present findings for this project to help develop and execute a strategic plan. Our understanding of

14 the stakeholders include the Citizens Finance Advisory Committee, Harbor Advisory Board, and the City Council. The BRADY and or ENGEO team will be available as required for up to three in-person public meetings. BRADY’s Project Manager will lead this effort and has experience with public outreach and presenting findings to project stakeholders and City Council.

A presentation will be prepared to clearly portray areas of concerns, defects and findings using photos, graphs, and figures. General recommendations will be presented.

WORK PLAN
The key to implementing the following scope of work will be to establish and maintain consistent and clear communication with the City of Morro Bay and project stakeholders.

Having recently completed the inspection of the North T-Pier, BRADY is familiar with the City’s procedures and has a relationship with City staff. The following is the proposed scope of work for this effort by task.

1. Project Management, Planning, and Setup: BRADY
a. Work with City staff and subconsultants to devise inspection and reporting plan that is clear and meets the project needs.
b. Review existing engineering documentation; meet with City personnel to gather record documents and first-hand knowledge and experience of the facilities. c. Prepare aerial plan of facilities with stationing.
d. Attend kickoff meeting, present inspection plan schedule, and prepare meeting minutes.

Deliverables: In-person kick-off meeting, record and distribute meeting minutes.

Timeframe: Schedule kick-off meeting within three weeks of notice to proceed.

2. Structural Observation: BRADY
a. To be completed in accordance with ASCE Manual No. 130 “Waterfront Facilities Inspection and Assessment”.
b. Inspect above water revetment and record data.
i. Inspection lower potions of revetment at a minus tide. c. Inspection seawall structure and areas behind the seawall for subsidence. i. Inspect the lower portion of the wall at a minus tide, walk, wade in water, or utilize a small boat as needed for access and close-up inspection.

Deliverables: Findings and photographs will be incorporated into a report prepared by BRADY. Findings will be organized by facility.

Timeframe: The above water inspection will be performed over 10 working days.

3. Geotechnical Observation: ENGEO
a. ENGEO will oversee the GPR and provide visual observations. b. Review BRADY’s visual and tactile inspection data and findings. c. Provide Geotechnical recommendations.
d. Perform up to two borings as suggested from GPR survey.

15 Deliverables: Following the geotechnical soil borings, a geotechnical data report with a summary of the GPR survey, borings logs, laboratory test results, and site plan showing the GPR survey areas and locations of borings will be provided.

Timeframe: The fieldwork will be performed over 9 days and can start within 2 weeks of authorization.

4. Reporting and Deliverables: BRADY
a. Compile findings from the above tasks into a draft report as described in the Detailed Work Approach and Methodology section.
b. Perform cross-disciplinary QA/QC review.
c. Present one hard copy and one Microsoft Word file of the Draft Report to the City of Morro Bay.
d. Conduct virtual meeting to review draft report and allow for three weeks of City Review.
e. Prepare Final Report and perform final internal QA/QC process. f. Conduct virtual meeting to review final report.
g. Submit five hard copies of the final report and one Microsoft Word document, and one Adobe version.

Deliverables: A draft and final report will be prepared as described above.

Timeframe: The draft report will be completed within five weeks after inspection is completed and will incorporate the findings of the structural and geotechnical observations. City of Morro Bay staff will have two weeks for review. After comments are received a final report will be available within three weeks.

5. Presentation of Findings to City Stakeholders and Decision-Making Bodies: BRADY & ENGEO
Prepare a PowerPoint presentation of findings to be presented to City staff during a virtual meeting. Allow City to review and comment. ENGEO will provide assistance and/or input in development of the slide deck.

Deliverables: A draft and final presentation in PowerPoint and PDF format will be provided.

Timeframe: BRADY and/or ENGEO will be available for up to three in-person meetings to present to project stakeholders as requested. BRADY will require three weeks’ notice to attend in-person meetings. We anticipate meetings to be up to 3 hours in duration.

ENGEO will attend two meetings in person.

16 PROPOSED MODIFICATIONS TO SCOPE OF WORK
Dive Inspection. If the toe of the seawalls cannot be visually inspected by wading or walking at a -2 ft MLLW tide, a below water dive inspection will be recommended and can be performed by BRADY. A one-day inspection would be proposed and would add $15,000 to the fee.

Underwater and Above Water Imaging. This project would benefit from a high-resolution multibeam sonar-based condition survey of the revetment below water and a lidar survey above water. While the City has stated this level of survey is not required at this time, the detail the survey can provide would help analysis of slopes, angles, and elevations. This would also allow us to have precise images of the slope to the mudline, extending below -2 ft MLLW. See the examples presented in Figure 2 through Figure 5 of above water lidar image combined with below water multibeam echosounder (MBES).

With this survey data it would be easy to represent plot maps with cross sections which would help develop detailed repair quantities and associated cost estimates. The survey data would be able to provide accurate data and save on inspection time. BRADY would propose a thorough visual inspection of the revetment and seawalls however there is cost savings in obtaining the cross sections from the survey instead of doing it by hand. The cost to mobilize the survey vessel, conduct the MBES and Lidar survey, permitting, and data processing to develop plot maps with cross-sections and a WebGIS for point cloud visualization would only be $47,995 and would be performed by eTrac.

Figure 2. LiDAR and MBES data of an island revetment.

17 Figure 3. Combined LiDAR and MBES along a shoreline with pier structures.

Figure 4. Combined LiDAR and MBES data of a harbor entrance with revetment.

18 Figure 5. LiDAR and MBES data acquired in restricted areas with limited ability to maneuver a vessel.

Cost Estimates. The proposal identifies the need to present the findings to project stakeholders so they can understand the scope of the funding needs. It is recommended cost estimates be included with repair recommendations to help the City plan for the next phase of this project. Cost estimates would be easy to develop with the survey data provided by the Lidar and MBES survey data.

19 CLIENT REFERENCES AND WORK PRODUCT EXAMPLES
CAL POLY PIER – ABOVE AND BELOW WATER INSPECTION, AVILA

BEACH, CA
Reference: Tom Moylan, Marine Operations Manager: (805) 756-0225, [email protected], Cal Poly Pier, Avila Beach, CA 93424
Consulting Fee: $95,000
Date Completed: Underwater Inspection, 2022; Above Water Inspection, Ongoing Services Provided: BRADY provided above and
below water structural assessment for the steel pile
supported 3,175-ft long Cal Poly Pier built in 1984.

BRADY provided an investigation in accordance with
the ASCE Manual 130 of the steel substructure, steel
superstructure and revetment. BRADY utilized an
ultrasonic thickness gage to measure the remaining
thickness of the steel and predict the remaining
service life. BRADY observed the change in rock
riprap elevations from the record drawings and
recommended continual inspection for possible
future repairs. A condition assessment report was produced identifying defects and observed conditions so a maintenance and repair plan could be created.

OCEANSIDE HARBOR – CONDITION ASSESSMENT, MAINTENANCE

PLAN, & FINANCIAL ANALYSIS, OCEANSIDE, CA
Revetment inspection performed by BRADY and ENGEO
Reference: Joe Ravitch, Harbor Division Manager: (760)
435-4029, [email protected], 1540 Harbor Drive
North, Oceanside, CA 92054
Consulting Fee: $449,000
Date Completed: 2023
Services Provided: BRADY performed a condition
assessment of the Harbor’s waterside infrastructure
in order to develop a maintenance plan that
projected costs over the next 15 years to maintain
the Harbor’s waterside assets. The inspection was performed by BRADY and ENGEO (formerly TerraCosta) and included inspection of the 9,600 ft of revetment. The riprap was inspected below water by BRADY divers along with a hydrographic survey. Above water profiles were taken roughly every 100 ft along the east side of the harbor to establish the slope of the riprap, see images below.

20 The costs associated with the maintenance plan were incorporated into a Financial Analysis to determine options for the Harbor to consider budgeting options for the maintenance repairs.

Amanda was responsible for presenting the findings to City of Oceanside Stakeholders including City Council, Harbor and Beaches Advisory Committee, and an Ad-Hoc Committee formed for reviewing and implementing the recommendations from this investigation.

Amanda Del Bello has worked with Oceanside Harbor since 2009 performing inspections and condition assessments for the Harbor’s ramps and docks over the years. BRADY also conducted a ramp study to determine the feasibility for adding an additional ramp at U-X docks.

SEAWALL INSPECTION BERTHS 78 AND 79, PORT OF LOS ANGELES,

LOS ANGELES, CA
Reference: Amethyst Webb, Project Manager: (562) 257-1808, [email protected], 400 Oceangate, Suite 500, Long Beach, CA 90802
Consulting Fee: $31,500
Date Completed: 2022
Services Provided: BRADY supported KPFF for the
above and below water inspection, condition
assessment, and repair recommendations of the
concrete seawall and rock revetment at the Fish
Market in San Pedro. BRADY inspected the seawall
and slope above water and below water and
provided a condition assessment report with
recommendations for repair. This effort was to
support the redevelopment of the waterfront area.

21 CITY OF OCEANSIDE – PIER UTILITY REPLACEMENT, OCEANSIDE, CA Reference: Nathan Mertz, Public Works Division Manager: (760) 435-5619, [email protected], 300 N Coast Highway, Oceanside, CA 92054
Consulting Fee: $1,200,000
Date Completed: 2024
Services Provided: In 2019 a study was
performed to determine the feasibility for
replacing potable/fire water and
electrical systems due to operation issues
the City was experiencing with the water
system. This effort led to the design for
the replacement of the existing
combined domestic/firewater pipeline
with separate dedicated stainless steel
domestic and firewater pipes and the
replacement for the pier’s sewer force
main and three sewer sump systems.

Adjacent to the pier in the parking lot,
new backflow preventers, fire hydrant,
domestic waterline, and water meter are
to be installed. This project also consisted
of electrical upgrades, a new handrail,
and refurbishing and upgrades to
structural components. BRADY
developed contract documents,
including basis of design report, plans,
specifications, calculations, and cost estimates. BRADY provided bid, permitting support, and Construction Management for the City of Oceanside.

SAN DIEGO GAS & ELECTRIC, VAULT MAINTENANCE PROGRAM, SAN

DIEGO, CA
Reference: Jennifer Mann, Program Manager: 619-676-1680, [email protected], 8316 Century Park Court, San Diego, CA 92123
Average Consulting/Design Fees: $150,000 Per Year from 2017 to present Date Completed: On-Going

22 Services Provided: BRADY provides engineering
consulting, inspection, design, and construction
support for underground SDG&E distribution
transformer vaults and has worked with Mr. Bullock
since 2017. Ms. Del Bello has worked on this project
since 2011, responsible for the assessment of 550
vaults. At BRADY, Amanda leads the team which
categorizes the vaults based on priority of repairs,
designs structural repairs or replacements,
assembles cost estimates, and oversees construction
efforts. Deliverables include environmental testing
and reports, submittal packages for City of San Diego
Building Department, structural designs, cost estimates, bid supports, contractor scheduling and coordination, construction inspection reports, and as-built drawings.

ENGEO PROJECT EXPERIENCE
DANA POINT HARBOR REVITALIZATION – DANA POINT, CA
Reference: Eric Noegel, (707) 678-2385, [email protected] Project Fee: $95,300
Date Completed: On-going
Services Provided: ENGEO provided consulting services to Bellingham Marine Industries for the proposed revitalization of Dana Point Harbor in Dana Point. Our team provided photodocumentation of the condition of the perimeter concrete bulkheads, as well as the rock revetment south of the marina. The revetment (rip-rap) is approximately 4,700 feet long. Both above-water and underwater photographs of the revetment were acquired. The underwater photographs were acquired using SCUBA by senior engineers with ENGEO. ENGEO also performed a geotechnical investigation to develop geotechnical input for the replacement of the guide piles and floating docks and provided specific foundation design criteria for the proposed marina remodel as part of the design-build project. Geophysical surveys of the site

23 were also performed to develop shear-wave velocity profiles to be used for design and construction.

DIABLO CANYON POWER PLANT DECOMMISSIONING, SAN LUIS

OBISPO COUNTY PLANNING & BUILDING DEPARTMENT, SAN LUIS

OBISPO COUNTY, CA
Reference: Lisa Blewitt, (818) 338-6759, [email protected] Project Fee: $86,500
Date Completed: On-going
Services Provided: ENGEO is currently performing geological and geotechnical engineering support for development of the Environmental Impact Report (EIR) for the decommissioning of the Diablo Canyon Power Plant, the last operating nuclear power plant located in the State of California. Decommissioning is planned to include demolition of various structures and utilities, backfilling, and grading of the site. Environmental analysis included addressing landslides, bluff retreat, liquefaction, seismic shaking, erosion, and paleontologic resources.

ENGEO is also performing geological and geotechnical review services on an as-requested basis for the County of San Luis Obispo and regularly participates in coordination between a multitude of stakeholders.

OCEAN BOULEVARD IMPROVEMENT PROJECT AND COASTAL BLUFF

STABILIZATION, CITY OF PISMO BEACH (CLIENT), PISMO BEACH, SAN

LUIS OBISPO COUNTY, CA
Services Provided: ENGEO performed coastal engineering and geotechnical consulting services for the stabilization of the coastal bluffs along Ocean Boulevard in Pismo Beach.

Coastal erosion from severe winter storm events and subaerial erosion threatened public infrastructure including the roadway and utilities. Our services included the preparation of plans and specifications for the coastal bluff stabilization structures, the replacement beach access stairway, and the damaged storm drain improvements. We also performed similar services in the past to the City of Pismo Beach for other portions of the community’s coastal bluff.

EXCEPTIONS
We accept the contract with the requested additions as shown in Appendix C.

24 APPENDIX A: RESUMES

Amanda Del Bello, P.E. Project Manager

JOINED FIRM
2017

EDUCATION
M.S., Civil Engineering, San
Diego State University, CA,
2015
B.S., Civil Engineering,
Manhattan College,
Riverdale, NY, 2007

LICENSES /

CERTIFICATIONS
Professional Civil Engineer,
California, No. C78825
Association of Diving
Contractors International
SSA Supervisor
NHI Safety Inspection of InService Bridges
Certification (FHWA-NHI
130055)
NHI Underwater Bridge
Inspection Certification
(FHWA-NHI 130091)
USCG Merchant Mariner
100 Gross Ton Master
OSHA 30-hour
EM385 1-1 40-hour
Confined Space Entry
Certificate
Transportation Workers
Identification Card
Competent Person for Fall
Protection
CPR/AED/First Aid, PADI
Emergency Oxygen Provider
Professional Summary
Ms. Del Bello has 17 years of experience in the engineering field with an emphasis in structural and civil engineering. As Project Manager she plays a key role in the inspection, design, project deliverables, and construction services for marine structures, bridges, utility vaults, reservoirs and other infrastructure. As a team leader and commercial diving supervisor, she has successfully conducted and managed underwater and above water inspections, follow-on design services, and construction support for a variety of clients.

As Project Manager, she has overseen multi-discipline engineering projects including design for new structures and design of repairs for numerous facilities including piers, wharves, seawalls, bridges, marinas, retaining walls, reservoirs, and utility vaults. Ms. Del Bello is a commercially trained ADCI Surface- Supplied Air Diving Supervisor and is PADI SCUBA certified.

Experience includes inspection and rehabilitation design of engineering structures for the U.S. Naval Facilities Engineering Command (NAVFAC –Southeast, Southwest, Marianas, and Pacific), and Engineering Service Centers; San Diego Unified Port District; Port of Los Angeles; Port of Long Beach; other government agencies; and private institutions.

Ms. Del Bello is proficient in AutoCAD, Lpile, Mathcad, RetainPro, SAP2000, SupportIT and Xtract.

Employment
Richard Brady & Associates, Inc., San Diego, California Project Manager – Civil/Structural Engineer
(2017-Present)
Moffatt & Nichol, San Diego, California
Project Manager, Team Leader, Project Engineer, Engineer-Diver (2008-2017)
STV Inc., New York, New York
Project Engineer, Field Engineer
(2007-2008)
Project Experience
Project Manager

OCEANSIDE HARBOR CONDITION SURVEY, LONG TERM MAINTENANCE ACTION PLAN & FINANCIAL NEEDS ASSESSMENT, OCEANSIDE HARBOR, CA
Project Manager and Engineer-Diver for the above and below water assessment of piles, docks, ramps, fixed piers, and utilities. Responsible for report preparation, cost estimates, recommendations for repair and maintenance plan over the next 15 years. This effort was combined with a financial analysis and market study which presented options for funding the maintenance and repair effort over 15 years.

Amanda has overseen several condition assessments, feasibility studies, and repair projects for the City of Oceanside at Oceanside Harbor from 2009 to 2021.

NORTH T-PIER STRUCTURAL AND UTILITY CONDITION ASSESSMENT, MORRO BAY, CA Project Manager responsible for above and below water field investigations, report preparation, cost estimates, and schedule, to support major repair efforts for the City’s North T-Pier, a timber pile supported pier.

Amanda Del Bello, P.E.

OCEANSIDE PIER UTILITY REPLACEMENT, OCEANSIDE, CA
Project Manager and Engineer of Record for the utility replacement for the City of Oceanside’s Municipal Pier.

Responsible for plan preparation of the replacement of the existing combined domestic/firewater pipeline with separate dedicated stainless steel domestic and firewater pipes and the replacement for the pier’s sewer force main and three sewer sump systems. This project also consisted of electrical upgrades, a new handrail, and refurbishing structural steel components. Developed contract documents, including basis of design report, plans, specifications, calculations, and cost estimates. Provided bid and permitting support, and Construction Management for the City of Oceanside.

HORNBLOWER PIER, CITY CRUISES, SAN DIEGO, CA
Project Manager and engineer of record responsible for assessment and design of immediate repairs for the concrete pile supported pier in downtown San Diego. BRADY is currently providing construction support services. A below and above water investigation and condition assessment will be performed to direct funding and future maintenance and repair needs.

SEAWALL INSPECTION BERTHS 78 AND 79, PORT OF LOS ANGELES, LOS ANGELES, CA As a subconsultant to kpff, Amanda was the Project Manager for the above and below water inspection, condition assessment, and repair recommendations of the concrete seawall which was constructed in 1927. The inspection and recommendations were conducted to support the Port’s plans to redevelop the area.

UNDERWATER INSPECTION OF THE BADGER AVENUE BRIDGE, PORT OF LOS ANGELES, LOS ANGELES, CA
As a subconsultant to kpff, Amanda was the Project Manager and Engineer-Diver for the inspection of the underwater portions of this 770-ft long bridge including concrete piles, piers, foundations, and steel sheet pile walls. Responsible for the condition assessment report following the National Bridge Inspection Standards.

CAL POLY PIER, UNDERWATER INSPECTION OF STEEL PIPE PILES, CALIFORNIA POLYTECHNICAL STATE

UNIVERSITY, AVILA, CA
Project Manager and Engineer-Diver for the underwater inspection of the 3,175-ft long pier built in 1984. Due to concerns with corrosion observed on the pier’s pipe piles, the piles were inspected below water and in the splash zone. An ultrasonic thickness gage was used to measure the remaining thickness of the steel and predict the remaining service life. A condition assessment report was produced identifying defects and observed conditions so a maintenance and repair plan could be created.

HILTON BAYFRONT PARKING GARAGE DECK 7 CONCRETE ASSESSMENT AND DESIGN OF REPAIRS,

UNIFIED PORT OF SAN DIEGO, CA
Project Manager and engineer of record responsible for inspection, condition assessment, design of repairs, and construction support for the top deck of this post tensioned parking structure.

HB 5 MG RESERVOIR REHABILITATION, VISTA IRRIGATION DISTRICT, CA Project Manager responsible for inspection, condition assessment, design of repairs, and construction support for this prestressed concrete above ground reservoir and yard piping. This effort led to design for replacing the concrete dome with an aluminum dome, seismic upgrades and yard piping replacement including new 18-in. inlet/outlet piping, electrical controls and conduits, and new underground vault with associated piping. Amanda led the BRADY design team for this $285,000 design effort and was responsible for coordinating all the civil and structural project deliverables including contract documents, basis of design report, plans, specifications, and bid documents. During construction, BRADY acted as the General Contractor and Construction Manager for the $6.3 Million construction effort.

RESERVOIR STRUCTURAL CONDITION ASSESSMENT AND RECOMMENDATIONS, CITY OF UPLAND, UPLAND, CA.

Conducted above and below water inspection of a 10MG concrete reservoir. The reservoir was constructed in 1975 and exhibited structural defects. Responsible for inspection, condition assessment report, and structural recommendations for repair and or replacement. A concrete coring and testing study supported plans to repair instead of replace defective portions of the reservoir. Design of repairs is planned for the next phase.

PECHSTEIN 20 MG RESERVOIR INSPECTION, VISTA IRRIGATION DISTRICT, CA Responsible for structural inspection of the partially buried prestressed concrete reservoir with emphasis on the 1960s era glulam beam and light framed roof structure. Inspection, structural analysis and report focused on whether the roof structure was eligible for repair or replacement. Structural defects and deficiencies in the design were found and a new aluminum dome roof was recommended to be installed to increase the reservoirs useful life.

While design for the roof replacement is implemented, design of temporary repairs were made.

Project Manager

Amanda Del Bello, P.E.

EMERGENCY REPAIRS TO NORTH EMBARCADERO, SAN DIEGO, CA.

Project Manager/engineer-diver for emergency inspection and design of repairs to the concrete sheet pile wall after ship impact. Design of repairs to sheet pile wall, wales, and tie back system. Provided specifications and plans for repair and construction support services.

SAN DIEGO GAS & ELECTRIC VAULT REPAIRS, SAN DIEGO, CA.

Responsible for field investigations and assessment of 500+ vaults in County of San Diego and prioritizing for maintenance and repair. Follow-on work includes report writing, design of repairs, cost estimates, construction plans and construction support. Project manager for this on-going work which started in 2011. Amanda has become SDGE’s electrical vault specialist and has worked on 20+ design jobs as engineer-of-record.

OCEANSIDE HARBOR, CA.

Project Manager/engineer-diver for several condition assessment and repair projects for the City of Oceanside at Oceanside Harbor. Work included above and below water assessment of piles, docks, and ramps. Responsible for report preparation, cost estimates, and recommendations for repair. Cumulative fees – $90,000.

OCEANSIDE MUNICIPAL PIER BRACE AND DECK REPLACEMENTS, OCEANSIDE, CA.

Project Manager and engineer providing on-going services to assist City in preparing bid packages; coordinating and overseeing construction efforts since 2008. Field engineering services to provide input on construction, safety, and operational issues. Inspection, report preparations, and repair recommendations to extend the service life of the pier. Inspection and report preparation for the water pipeline and electrical replacement. Cumulative fees – $70,000.

PIER 5000 NAVAL BASE POINT LOMA, CA.

Conducted inspection, design, and construction support services for replacement of under pier waterline. Work included design of pipeline anchorage and supports.

AVALON TUNA CLUB, CA.

Conducted above and below water assessment of 1916 constructed timber pile supported house structure.

Responsible for report preparation, cost estimates, and recommendations for repair versus replacement of the piles and platform. On-call for emergency response inspection and recommendations after damage from storm event. Cumulative fees - $31,000.

FORMER NAVY PIER (PIER 11A) REHABILITATION / USS MIDWAY MUSEUM, CA.

Managed structural inspection and condition assessment for the USS Midway Aircraft Carrier Museum leasehold at Navy Pier. Work included above and below water assessment of the marginal wharf and retaining wall system and dolphins structures; responsible for preparation of report, plans, and repair recommendations. On-call for emergency response inspection and recommendations for repair. Construction cost - $10 million / Cumulative fees – $105,700.

NATIONAL CITY MARINE TERMINAL, UNIFIED PORT OF SAN DIEGO, CA.

Provided inspection and repair recommendations for four wharves at the National City Marine Terminal.

Responsible for above and below water investigations, report writing, cost estimates, recommendations for repairs, and coordinating with subconsultants. Fee – $280,000.

VENTURA TRAVEL LIFT PIER EMERGENCY INSPECTION & ASSESSMENT, VENTURA, CA.

Responsible for emergency inspection of Travel Lift Pier at Ventura Harbor after vessel impact. Coordinated emergency dive inspection, assessment report, review of record drawings, and recommendations for replacement.

Fee - $30,000.

AGUA HEDIONDA, CARLSBAD, CA.

Work included above and below water assessment of timber pile supported bridge. Responsible for report preparation, cost estimates, and recommendations for repair. Fee - $31,800.

OCEAN BEACH PIER INVESTIGATION, CITY OF SAN DIEGO, CA.

Responsible for the above and below water inspection of the cast-in-place and prestressed concrete pier.

Responsible for above and below water investigations, report writing, and coordinating with subconsultants. Fee – $334,000.

USN P-151 REPLACE FUEL PIER, NAVAL BASE POINT LOMA, SAN DIEGO, CA.

In order for construction of the new pier to begin, a subset of the project involved relocating the mammal training facility. Project Engineer responsible for design of new dock layout and piles, coordinating plans, specifications, inspections, and construction services. Assisted with construction support for the new cast-in-place double deck, Project Manager

Amanda Del Bello, P.E.
steel pipe pile supported fuel pier, responding to RFIs, submittal reviews, site inspections, and below water pile inspections.

POLC FACILITIES INSPECTION, LAKE CHARLES, LA.

Performed above and below water inspections, and responsible for quality control review for the condition assessment reports and cost estimates for several waterfront facilities.

PORT PAVILION AT BROADWAY PIER, SAN DIEGO UNIFIED PORT DISTRICT, CA.

Port Pavilion at Broadway Pier serves as a cruise ship terminal and public gathering place involving placing a modern structural steel building on a 100-year-old pier structure. Provided structural construction phase administration; review and process of construction submittals and RFI’s; construction inspection; and design of pier mooring hardware replacement.

LOUISIANA DEPARTMENT OF TRANSPORTATION AND DEVELOPMENT (LADOTD) UNDERWATER BRIDGE INSPECTION, LA.

Underwater bridge inspector for multiple LADOTD bridges. Tasks included underwater inspection, report preparation, assigning element codes and condition states, and preparing sketches.

KEWALO BASIN, HONOLULU, HI.

Engineer-diver performing Levels I and II inspection of concrete and steel piles. Responsible for coordinating site investigation and condition assessment report of entire basin including marina docks, landside facilities, electrical and mechanical systems.

OCEANSIDE PIER LIFEGUARD BUILDING CONDITION ASSESSMENT, SAN DIEGO, CA.

Responsible for inspection, report preparation, and repair recommendations for defects found to the underside of the concrete section of the pier, and the lifeguard building in 2008. This effort outlined repairs needed to maintain the structure and the underside of the concrete ramp.

ROTA WEST HARBOR, ROTA, CNMI.

Engineer-diver performing Levels I and II inspection of steel sheet pile bulkhead and above water assessment. Responsible for coordinating site investigation, condition assessment report and recommendations for repair.

WFI AND ASSESSMENT FUTURE PORTSIDE PIER RESTAURANT, SAN DIEGO, CA.

Engineer-diver performing above and below water inspection of 50 year old concrete and steel pile supported platform and timber superstructure. Responsible for coordinating site investigation, condition assessment report and recommendations for repair versus replacement options.

WFI NAVY BASE POINT LOMA/NAVY BASE CORONADO, SAN DIEGO, CA.

Engineer-diver for a WFI contract. Work included above and below deck inspection of pile supported structures, docks, and ramps. Responsible for preparation of report, plans, and repair recommendations.

CAPE CANAVERAL NAVY BASE, FL.

Engineer-diver for WFI contract. Work included above and below deck inspection of pile supported wharf.

Performed Level III inspection by using a concrete core drill to extract concrete samples for analysis.

BATTERY PARK CITY NORTH AND SOUTH COVES WFI, NEW YORK, NY.

SEAWALL INSPECTION PANAMA CITY NAVY BASE, PANAMA CITY, FL.

WATERFRONT FACILITIES INSPECTION, PUGET SOUND NAVAL SHIPYARD, BREMERTON, WA.

NAVAL BASE KITSAP CONCRETE CORE EXTRACTION, BREMERTON, WA.

HARPER STREET POST-CONSTRICTION SURVEY, QUEENS, NY. 7
WFI CHEVRON LONG WHARF, RICHMOND, CA.

BRAVO 9 & 10, PEARL HARBOR NAVY BASE, HI.

B ST PIER, SAN DIEGO, CA.

SANTA CRUZ POST TSUNAMI HARBOR INSPECTION, SANTA CRUZ, CA.

HANA WHARF, HANA, HI.

TINIAN HARBOR ASSESSMENT, TINIAN, CNMI.

NAVAL BASE VENTURA COUNTY – VENTURA, CA.

Engineer-diver performing Levels I, II and III inspection of concrete, timber and steel waterfront structures and condition assessment reports.

Project Manager

Karl Kuebitz, PE Principal in Charge
Professional Summary
Karl is a civil and structural engineer with over 22 years of professional experience.

He specializes in infrastructure improvements in the municipal and utility markets, including water and pipeline structures, large water storage structures, and utility and control integration for water treatment and handling projects. He is the engineer of record of over 80 water-retaining structures. Karl has actively involved with ACI and is a voting member of the ACI 350 committee for environmental structures. Karl spent 9 years designing and constructing 45 prestressed concrete tanks and associated structures in the Middle East, including the largest externally prestressed concrete tanks in the world at 42 million gallons. Karl brings a wealth of knowledge and experience to structures for water-related projects.

Project Experience

INDEPENDENT WATER POWER PLANT, UMM AL HOUL, QATAR
Designed 168 million gallons of water storage with associated appurtenances.

Four 42MG tanks were designed and constructed to the AWWA D110 Standard and other international specification. This was part of a 2400 MW power and desalination plant. The tanks were commissioned 15 months after the start of construction. These tanks are designed for extreme environmental and functional requirements and optimized for cost and construction efficiency. Karl was onsite for the entire duration as the design and QA/QC manager.

7.5MG “RESERVOIR 15” REPLACEMENT, CITY OF UPLAND, CA
Following the installation of the temporary structural improvements, Mr. Kuebitz’s oversaw the preparation of plans, specifications and estimates for the design of a new 7.5MG circular, prestressed concrete tank and pump station improvements.

In addition to the structural design, BRADY’s team completed the design work associated with EI&C, mechanical and water quality.
1655-1 RESERVOIR, PIPELINE, AND RANCHO JAMUL PUMP STATION

ASSESSMENT, OTAY, CA
Mr. Kuebitz serves as construction manager and oversees tank design for a new 1655-1 Reservoir for Otay Water District. This includes the difficult design of a hillside and narrow property. The prestressed tank will be designed to envelope the overflow and seismic conditions, while remaining efficient and cost-effective.

LA SALINA WWTP, OCEANSIDE, CA

STRUCTURAL ASSESSMENT
Led a structural assessment team to evaluate structures at the waste water treatment plant to ensure the safe operation of the plant. This included the outfall structure to the Loma Alta Creek, Press Building and associated catwalks, Conveyor Building including some mechanical equipment, concrete digesters and stair access, DAF Tank, Pressure Tanks, Primary and Secondary Treatment structures including weirs and launders, and other items.

ENGINEER OF RECORD, BLOWDOWN FLASH TANK AND FOUNDATION, DESERT

STAR, NV
Performed the structural design for a specialized steel vessel and associated pipe connections. This included the tank, foundation, anchors, penetration. The design was required to accommodate within a confined footprint of an existing plant.

YEARS EXPERIENCE
23 EDUCATION
M.S. in Structural
Engineering. University of
California San Diego, La Jolla,
CA.

LICENSES /

CERTIFICATIONS
Professional Civil Engineer in
CA (67975, June 2021), NV,
HI, and UT.

PROFESSIONAL

AFFILIATIONS
American Society of Civil
Engineers (ASCE)
Voting Member of ACI 350,
Environmental Engineering
Concrete Structures and
Commentary
Voting Member of ACI 372,
Guide to Design and
Construction of Circular Wireand Strand-Wrapped
Prestressed Concrete
Structures.

Associate Member of ACI
376, Code Requirements for
Design and Construction of
Concrete Structures for the
Containment of
Refrigerated Liquefied Gases
and Commentary

Karl Kuebitz, PE Principal in Charge
Several last-minute design changes made by the contractor required rapid response and redesign. The redesign did not delay the installation.

ENGINEER OF RECORD, 3MG PURE WATER TANK, SAN LUIS REY WATER RECLAMATION FACILITY,

OCEANSIDE, CA
Designed a 3MG prestressed concrete tank as part of the new San Luis Rey Water Reclamation Facility. This project was executed as part of a design-build project and was designed and coordinated smoothly into an advanced water reclamation project.
https://www.waternewsnetwork.com/first-water-purification-facility-san-diego-county-on-map/ ENGINEER OF RECORD, 1.2 MG DOUGHERTY VALLEY RESERVOIR 200B, SAN RAMON, CA Led the design effort and sealed the structural design for the 1.2MG 200B Reservoir for the Dublin San Ramon Services District. Designed the monolithic floor slab integral with the wall footing. Designed the biaxially prestressed wall including the machine-wrapped circumferential prestressing and the vertical high-strength bar post-tensioning. Coordinated all access and appurtenances per DSRSD requirements.

ENGINEER OF RECORD, 4MG VINEYARD RESERVOIR, BRENTWOOD, CA Performed the full structural design and project design coordination for the prestressed concrete tank per AWWA D110. This design included a differential backfill of 30-feet of the tank structure between the high and low sides of the structure. This stark differential backfill around the tank necessitated both static and seismic design features to assure that the stability of the lifeline structure.

ENGINEER OF RECORD, TWO 2.75 MG RESERVOIRS, SAN JOSE, CA Performed the structural design and project design coordination for two reservoirs, constructed simultaneously. Design of these reservoirs included all design compliance inspections, formwork, and shoring design for the elevated concrete slab.

ENGINEER OF RECORD, 2 MG CEMENT HILL RESERVOIR, SUISIN CITY, CA Performed the structural design for the reservoir structure including a prestressed free-span concrete dome.

The dome design considered the static outward thrust from the dome angle and its compensation with highstrength prestressed steel. Also the design of the spherical dome shell shoring with extremely tight tolerances 120,000 G WELDED STEEL TANK, CAHUILLA BAND OF INDIANS, ANZA, CA.

Managed the design of a new welded steel storage tank for the Cahuilla Band of Indians. The tank design is in accordance with AWWA D100 (Tank) and AWWA D102 (Coatings). Special consideration was given to seismic design and resiliency, given the close proximity to the San Andreas Fault and the MCER ground motion, SS, of 1.9g. Included the scope was the development of performance-based specifications for the tank and coating system. QA/QC was provided for the team to address typical structural details, preferred pipe configurations, and slosh wave calculations.

8.0 MG ARGO DRAIN TANK, LOS ANGELES, CA
The Argo Drain Sub-Basin Facility is located on the Los Angeles World Airports property and accommodates a watershed area of approximately 2,200 acres. The Argo Drainage Channel will transport storm water via gravity to a diversion structure and the flow will be treated and pumped into underground infiltration galleries to recharge the groundwater basin. The Facility will improve water quality in the Santa Monica Bay and nearby beaches. The 8MG tank employed a gravel bottom to permit the infiltration. Columns with individual spread footings supported a slab capable of HS-20 loading and native landscaping. 10 MG SKY MOUNTAIN RESERVOIR, COACHELLA VALLEY WATER DISTRICT, THOUSAND PALMS, CA The project location of this reservoir is less than 1 mile from the San Andreas Fault. This tank features uplift cables to resist seismic sloshing and employs a robust anchored-flexible connection at the wall base to resist a base shear of 24,700 kips. The final shotcrete material on the exterior surface used and integral mineralbased color for maintenance-free service.

Adam Bogage, PE QA/QC, Senior Engineer
Professional Summary
Mr. Bogage’s work experience includes engineering design, field investigation, report and construction document preparation, and construction support services. He has prepared PS&Es and cost estimates for bridges, piers, wharves, bulkheads, marine oil terminals, and buildings.

While earning his master’s degree, he had the opportunity to perform structural tests on the US Navy’s Modular Hybrid Pier (MHP). The MHP is an example of a sustainable, yet economical, concrete marine structure.

Project Experience

OCEANSIDE PIER UTILITY REPLACEMENT, OCEANSIDE, CA
Quality Manager for project which consisted of the plan preparation of the replacement of the existing combined domestic/firewater pipeline with separate dedicated stainless steel domestic and firewater pipes and the replacement for the pier’s sewer force main and three sewer sump systems.

This project also consisted of electrical upgrades, a new handrail, and refurbishing structural steel components. Quality control on design report, plans, specifications, calculations, and cost estimates.

NORTH T-PIER STRUCTURAL AND UTILITY CONDITION ASSESSMENT,

MORRO BAY, CA
Quality Manager responsible for reviewing field investigation plans and documents, as well as quality control on reports, cost estimate, and schedule. The project was a condition assessment of an existing multi-use pier with a follow-on repair design for a timber pile-supported pier.

SDG&E VAULT COVER CONDITION ASSESSMENT, SAN DIEGO, CALIFORNIA.

Structural Designer for the inspection of electrical vaults and peer review of retaining walls. Scope of work included the assessment of each vault and rate each as Critical, Poor, Fair, or Good. A report was prepared with photographs of each vault, summary assessment, rating and repair recommendations with estimates for the Critical and Poor rated vaults.

Repair Plans were prepared for the critical vaults.

PORT OF LONG BEACH PIER G TERMINAL REDEVELOPMENT PROGRAM PHASE II, LONG BEACH, CALIFORNIA.

Structural designer for this project that included redevelopment of an active container terminal at the Port of Long Beach. As part of the new land creation portion of the project, he assisted with the existing wharf demolition and was responsible for the design of the new seawall and anchoring structures. The entire site has been redesigned, including all major utilities, grading and drainage, arrival/departure gates, rail yards and main line, street improvements, new land creation, wharf design, electrical systems, and paving. New regulatory constraints dealing with the grading material and provisions for cold iron retrofit of existing berths add further complications to site layout and phasing.

AMERICA’S CUP WORLD SERIES CRANE LOADING, SAN DIEGO,
CALIFORNIA. Project manager and engineer responsible for structural calculations to determine the load carrying capacity of the deck to determine if the feasibility for using a crane on the pier.

PROFESSIONAL EXPERIENCE
BEGAN
1997

EDUCATION
MS Structural
Engineering, University
of California, San Diego
BS Structural
Engineering, University
of California, San Diego

LICENSES /

CERTIFICATIONS
Professional Engineer,
CA No. 76760 (Civil)
Association of Diving
Contractors International SSA
Air Diver

Adam Bogage Senior Structural Engineer
UNIFORM & TANGO WHARF IMPROVEMENTS, APRA HARBOR, GUAM.

Structural designer for the new seawall and anchor system. Provided engineering services to strengthen approximately 1,850 feet of sheet pile bulkheads at Wharves Uniform & Tango, which were constructed in Guam in the 1940s. The existing structures consist of tied steel sheet pile walls damaged during an earthquake. This project consists of a new king pile – sheet pile tied back wall constructed seaward of the existing wall. The tie backs are anchored with H-pile supported concrete anchors. Stone columns are used to improve the soil behind the existing wall to reduce the liquefaction potential.

CAL POLY PIER, UNDERWATER INSPECTION OF STEEL PIPE PILES, CALIFORNIA POLYTECHNICAL STATE

UNIVERSITY, AVILA, CA
Quality Manager and Engineer-Diver for the underwater inspection of the 3,175-ft long pier built in 1984.

Due to concerns with corrosion observed on the pier’s pipe piles, the piles were inspected below water and in the splash zone. An ultrasonic thickness gage was used to measure the remaining thickness of the steel and predict the remaining service life.

SUBMARINE DRIVE-IN MAGNETIC SILENCING FACILITY, HONOLULU, HAWAII.

Design engineer who solved complicated design problems unique to the client’s requirements. Design for a submarine drive-in magnetic silencing facility at Beckoning Point, Pearl Harbor that is a functional, high value facility that serves as the U.S. Navy’s central submarine magnetic silencing facility in the Pacific Ocean. The project included construction of a 2980m2 (32,076 ft2) Deperming Pier and a 411m2 (4,424 ft2) Rectifier Building, installation of electrical and mechanical utilities, and installation of paving, site improvements, and demolition of existing facilities.

KILO WHARF EXTENSION, NAVAL BASE GUAM.

Structural engineer who supervised the design of temporary anchorage for mooring use during construction and assisted with post award construction services. Provided functional analysis and concept development, and has completed the final design of the new wharf extension and upgrades to the existing wharf for the project. The project scope involved constructing a 400-foot wharf extension and upgrading the existing wharf to meet current seismic criteria.

OCEAN BEACH PIER INVESTIGATION, CITY OF SAN DIEGO, CA.

Project Manager responsible for the condition assessment and report of the cast-in-place and prestressed concrete pier. Responsible for condition assessment reports, development of design alternatives for repair versus replacement, report writing, cost estimates, and coordinating with subconsultants.

MILITARY OCEAN TERMINAL (MOTCO PIER 2), CONCORD, CA.

Performed seismic analysis for a new concrete pile supported pier structure. The munition loading pier is designed to carry container transport vehicles as well as munitions vehicles. Responsible for analysis using SAP for kinematic and inertia forces and design of piles, pile hinges, and pile connections. The pier is located in a high seismic region with poor soils and conforms to UFC 4-152-01 and MOTEMS Chapter 31F.

USN P-151 REPLACE FUEL PIER, NAVAL BASE POINT LOMA, SAN DIEGO, CA Project engineer for the double deck fuel pier with cast-in-place decks and steel pipe piles. Responsible for structural analysis, development of details, plans and specifications. Project included coordinating plans, specifications, inspections, and construction services. Coordinated dive team quality assurance under water inspections for the new pier.

Megan Engle, EIT Associate Structural Engineer
Professional Summary
Megan has 6 years of experience in the engineering field with an emphasis in structural and civil engineering. She completed her Bachelor of Science in Civil Engineering with a minor in mathematics. Through UCF, she has taken Steel Structures, Concrete Structures and Structural Mechanics. Megan has drafted many civil and structural plans for waterfront buildings and docks while working at Flynn Engineering and Envirocare. She has created over 500 structural analysis reports on steel poles, self-supported towers and guyed towers during her time with American Tower.

AT BRADY, Megan has completed structural analyses for existing waterfront structures, as well as created condition assessment reports, figures, and repair recommendations for numerous facilities. Megan also has experience as a resident engineer on a $6 million ocean pier utility replacement project. She has played a key role in the inspection, design and construction services for marine structures, bridges, reservoirs and other infrastructure.

Megan is proficient in AutoCAD, MathCAD, MicroStation, Towers and MatLAB.

Professional Experience

Project Engineer

OCEANSIDE PIER UTILITY REPLACEMENT, OCEANSIDE, CA
Ms. Engle was the resident engineer for the utility replacement on the City of Oceanside’s Municipal Pier. This project consisted of replacement of the existing combined domestic/firewater pipeline with separate dedicated stainless steel domestic and firewater pipes and the replacement for the pier’s sewer force main and three sewer sump systems. This project also included electrical upgrades and refurbishing structural steel components. Ms. Engle conducted many structural inspections during the refurbishing and repair of the pier’s structural steel components.

CAL POLY PIER, UNDERWATER INSPECTION OF STEEL PIPE PILES, CALIFORNIA

POLYTECHNICAL STATE UNIVERSITY, AVILA, CA
Project Engineer for the underwater inspection of the 3,175-ft long pier built in 1984. Due to concerns with corrosion observed on the pier’s pipe piles, the piles were inspected below water and in the splash zone. A condition assessment report was produced identifying defects and observed conditions so a maintenance and repair plan could be created.

UNDERWATER INSPECTION OF THE BADGER AVENUE BRIDGE, PORT OF LOS

ANGELES, LOS ANGELES, CA
Ms. Engle assisted in the structural inspection for the underwater portions of a 770-ft long bridge including concrete piles, piers, foundations, and steel sheet pile walls. Created a condition assessment report following the National Bridge Inspection Standards.

HORNBLOWER PIER, CITY CRUISES, SAN DIEGO, CA
Ms. Engle aided the assessment and design of immediate repairs for the concrete pile supported pier in downtown San Diego. She is currently assisting with the construction support services.

JOINED FIRM
2021

EDUCATION
BS Civil Engineering
University of Central
Florida

LICENSES /

CERTIFICATIONS
Engineering Intern
Certificate (FBPE)
OSHA 10-hour

PROFESSIONAL

AFFILIATIONS
ASCE (UCF Chapter)
ASCE (National Chapter)

Megan Engle, EIT Associate Structural Engineer

NORTH T-PIER STRUCTURAL AND UTILITY CONDITION ASSESSMENT, MORRO BAY, CA Ms. Engle assisted with the above water and below water field investigation, structural inspection report and cost estimates for the Morro Bay Harbor Pier, utilized by the harbor patrol and the US Coast Guard.

The timber pier inspection was completed to support major repair efforts, in preparation for the offshore wind project.

OCEANSIDE HARBOR CONDITION SURVEY, LONG TERM MAINTENANCE ACTION PLAN & FINANCIAL NEEDS

ASSESSMENT, OCEANSIDE HARBOR, CA
Ms. Engle assisted with the above water and below water assessment of piles, docks, ramps, fixed piers, and utilities. She also helped with the report preparation, cost estimates, recommendations for repair and maintenance plan over the next 15 years. Ms. Engle prepared additional specifications and requirements for the repair of critical floating docks.

SEAWALL INSPECTION BERTHS 78 AND 79, PORT OF LOS ANGELES, LOS ANGELES, CA Ms. Engle assisted with the seawall above water seawall inspection and documented defects during the below water seawall inspection. She was responsible for creating the elevation and defect tables for the final report.

TANK ASSESSMENT, CALIFORNIA AMERICAN WATER, CALIFORNIA
Ms. Engle assisted in reviewing structural analyses for over 20 existing steel tanks. She also assisted in the repair recommendations for all tanks failing seismic code.

PORT 32 FORT LAUDERDALE, MARINA DESIGN & CONSTRUCTION, FORT LAUDERDALE, FL Ms. Engle attended multiple site visits during city inspections and constructions of the marina docks and seawall. She provided corrections to the construction plans based on client’s recommendations and city standards. She worked with the city and subs to ensure all dredging and demolition followed City and State Codes.

PIER SIXTY-SIX HOTEL & MARINA, REPAIRS & UPGRADES, FORT LAUDERDALE, FL Ms. Engle worked with the city and client to create a Development Review Committee planning set for approval and construction plans for the renovations of the Pier Sixty-Six Hotel Balconies and Railings.

Employment
STRUCTURAL ENGINEER, AMERICAN TOWER – RALEIGH, NC
Ms. Engle prepared formal, written reports detailing designs of tower modifications. She ensured all work adhered to quality control procedures and performed analysis on tower structures, mounts, and foundations. She provided quality, timely, and accurate support for any inquiries and problems within project limits. She worked with different functional groups and levels of employees as well accomplish multiple tasks within the agreed upon timeframes to effectively achieve results.

PROJECT ENGINEER, ENVIROCARE SOLUTIONS INTERNATIONAL – FORT LAUDERDALE, FL Ms. Engle designed and corrected project plan sets to adhere to the client’s needs and the cities requirements. She coordinated with the subcontractors and clients during the construction process, as well as worked with the structural engineers to ensure quality designs and repairs. Additionally, she assisted in permitting and as-builts through the span of the projects.

ENGINEERING INTERN, FLYNN ENGINEERING – FORT LAUDERDALE, FL Ms. Engle’s role was to communicate with the City, architects and subcontractors to create DRC sets. She designed and improved project plans in AutoCAD as well as creating reports and adequacy narratives based on project details and changes. She created multiple landscapes and drainage calculations for projects, based on the client’s requirements and city standards.

JEFFREY A. FIPPIN, PE, GE
Principal
Jeff coordinates complex field investigations, provides design recommendations and communicates with various
stakeholders in providing geotechnical services to both public and private sector clients. His experience includes waterfront and marine engineering, hydraulic structures, industrial facilities, transportation and infrastructure improvements, and residential and commercial developments.

SELECT PROJECT EXPERIENCE
300 Lakeside Tower—Oakland, CA
Principal in Charge. Jeff performed quality control oversite of the analysis and reporting. Located along the Lake Merritt shoreline, this 28-story tower has served a wide variety of notable private companies, public agencies, and has defined the Oakland city skyline for over 60 years. As part of the ongoing seismic retrofit and renovation of the existing structure, ENGEO worked closely with the structural
engineering team and architects to provide a highly refined seismic study by performing a non-ergodic seismic hazard analysis utilizing a unique ground motion hybrid scalingmatching approach. ENGEO recommended several suites of design ground motions for analysis of the structure based on ASCE 41 and catered to specific requests from the design team. ENGEO also evaluated the existing foundation
capacities to support the renovation and retrofit design.

Port of Oakland Dredging Consultation—Oakland, CA
Principal. Jeff provided quality control and technical oversight for this project. We used existing geotechnical data that we previously collected and that we collected from others to evaluate the potential impacts of planned dredging on slope stability and pile capacity supporting the wharves at Berth 9 and Berths 20 to 21. We performed both slope stability
analyses and lateral pile analyses for the timber and precast piles of the existing wharves. We also developed estimates of the potential kinematic loading on the piles from soil
movement due to dredging at the pile line.

Port of Oakland Eagle Aggregate—Oakland, CA
Principal. Jeff provided quality control and technical oversight for this project. The project is roughly 23 acres and currently is used as a transfer facility for the Port of Oakland. The client requested we conduct a preliminary geotechnical desktop study of existing reports, data, and information to determine the feasibility of stockpiling aggregate at the Port. The client would use the site as a transfer facility for their aggregate. Our work consisted of bearing capacity analysis, slope stability

EDUCATION
BS Civil and Environmental
Engineering University of California
at Davis 1995
MS Civil Engineering, Specializing in
Geotechnical Engineering University
of Texas at Austin 1997

EXPERIENCE
Years with ENGEO: 21
Years with Other Firms: 6

REGISTRATIONS &

CERTIFICATIONS
Professional Engineer, CA 58935
Geotechnical Engineer, CA 2631
TWIC Transportation Worker
Identification Cred.

SPECIALIZATIONS
• Compressible Soil
• Deep Foundations
• Liquefaction Analyses
• Port and Harbor Facilities
• Seismic Spectra Development
• Soil Structure Interaction
• Subgrade Stabilization

AFFILIATIONS
ASCE American Society of Civil
Engineers

JEFFREY FIPPIN, GE
analysis, liquefaction analysis, settlement analysis, and deep foundation design. As part of our services we also assisted the client in evaluating similar projects at Berths 23-24 and Howard Terminal as part of site selection.

Seawolf Pump Station & Sanitary Sewer—Corte Madera, CA
Project Manager. Jeff oversaw the field exploration; report writing and managed the construction services scopes of work. The project consists of replacing an existing neighborhood lift station with a new 6-foot diameter, 16-foot deep wet well and approximately 1,200 lineal feet of force main replacement down existing roadways. The site is underlain by a shallow water table and 80 feet of soft, compressible Young Bay Mud. ENGEO performed the geotechnical exploration and materials testing during construction.

BP Richmond MOTEMS Evaluation—Richmond, CA
Project Manager. Jeff directed staff performing field exploration, performed foundation and stability analyses and wrote the geotechnical report. MOTEMS stands for Marine Oil Terminal Engineering and Maintenance Standards, is overseen by the Marine Division of the California State Lands Commission and is included in Chapter 31F of the California Building Code. Included in the requirements of MOTEMS is the assessment of mooring/berthing and seismic performance at existing and new marine oil terminals. Built in the 1950s, the terminal consists of an approximately 42-foot-wide, 242-foot-long pile-supported concrete Tanker Wharf, connected to shore by two approximately 20-foot-wide by 60-foot-long pile-supported concrete causeways. The concrete Tanker Wharf is supported on 16-inch-diameter octagonal prestressed concrete piles consisting of 75- and 80-foot-long plumb piles and 87-foot-long batter piles.

Middle Harbor Enhancement Area—Oakland, CA
Project Manager. Mr. Fippin directed staff performing field exploration, performed analyses and wrote the geotechnical report. The Middle Harbor Enhancement Area (MHEA) is the site of the former active Middle Harbor berthing docks and supply depot. The project is a cooperative effort by the US Army Corps of Engineers (USACE), the Port of Oakland, and several Resource Agencies. ENGEO's work is contracted through the USACE San Francisco District. The site is an open water harbor that has been filled with dredged spoils from the Port of Oakland's 50-foot deepening project, which are contained by two rock jetties and a sheet pile wall. Between 2001 and 2006, approximately 6 million cubic yards of dredge spoils were placed in the Middle Harbor.

The fill was placed to restore approximately 225 acres of shallow water habitat. The MHEA currently provides public access to a 37-acre park that surrounds the marine habitat and provides areas for active use and nature observation. The MHEA also provides potential foraging habitat for the endangered California least tern, spawning habitat for Pacific herring, promotes fish production, and provides newly opened access to the shoreline and Bay. Our most recent work includes performing sampling of dredge material from a pontoon barge to assist in the prediction of ultimate mudline elevation and estimation of what soil types will be encountered during final sculpting.

Nucor Steel - Sheet Pile Evaluation—Tuscaloosa, AL
Associate Engineer. Jeff performed analysis and peer review for repair of a failed bulkhead wall.

Following collapse of a bulkhead wall at the NuCor Steel facility, ENGEO performed peer review and analyses of the proposed repair. The proposed repair consisted of a 50-foot-tall sheet pile bulkhead with king piles and two rows of anchors.

RANDY HILDEBRANT, PE, GE
Associate
Randy serves a variety of private and public works projects including transit stations; mass grading; arenas, port and harbor facilities; commercial and residential developments; landslide evaluation and stabilization; bridges; schools; and forensic geotechnics. His design experience includes the analysis and mitigation of liquefaction Randy joined ENGEO in 2010 and serves a variety of private and public works projects including transit stations; mass grading; arenas, port and harbor facilities; commercial and residential
developments; landslide evaluation and stabilization; bridges; schools; and forensic geotechnics. His design experience includes the analysis and mitigation of liquefaction potential; design of reinforced earth retaining wall systems; design of shallow and deep foundations; pavement analysis;
groundwater modeling; and slope instability. Randy has
managed projects totaling over 10 million cubic yards of geotechnical remedial and civil grading.

He routinely serves all tasks of the project, including the field exploration, analysis and design, technical report preparation, consultation during construction, and project management.

With his variety of project experience and understanding of a project’s full life cycle, Randy has a track record of providing practical and cost-effective or schedule-effective solutions to various design and construction challenges, including
collaborating with other team members to modify a project feature to save overall cost and/or schedule while improving geotechnical aspects.

Randy was previously an engineering intern with The City of Morro Bay and developed the City’s Pavement Management
Program. Randy understands the nuances of working in the City and continues to spend time on weekends and holidays with his family enjoying every aspect Morro Bay has to offer.

SELECT PROJECT EXPERIENCE
Diablo Canyon Power Plant Decommissioning—Avila
Beach, CA
Associate. Randy is performing third-party peer-review
services for the geotechnical and geologic aspects of the power plant decommissioning on behalf of the County of San Luis Obispo. ENGEO is currently providing geology and
geotechnical engineering support for development of the Environmental Impact Report for the decommissioning of the Diablo Canyon Power Plant, the last operating nuclear power plant located in the State of California. Decommissioning is planned to include demolition of various structures and

EDUCATION
MS Geotechnical Engineering UC
Berkeley 2010
BS Civil Engineering Cal Poly San
Luis Obispo 2009

EXPERIENCE
Years with ENGEO: 13

REGISTRATIONS &

CERTIFICATIONS
Geotechnical Engineer, CA 3090
Professional Engineer, CA 79940
Radiation Safety Officer, CA 18577

SPECIALIZATIONS
• Compressible Soils
• Foundation Design
• Groundwater Modeling
• Hillside Grading
• Liquefaction Analyses
• Pavement Evaluation and Design
• Slope Stability

AFFILIATIONS
APWA American Public Works
Association
ASCE American Society of Civil
Engineers

RANDY HILDEBRANT, PE, GE
utilities, backfilling, and grading of the site. Environmental analysis included addressing landslides, bluff retreat, liquefaction, seismic shaking, erosion, and paleontologic resources.

ENGEO is also providing geologic and geotechnical review services on an as-requested basis for the County of San Luis Obispo and regularly participates in coordination between a multitude of stakeholders.

Vistra Battery Energy Storage System—Morro Bay, CA
Associate. Randy performed a third-party review of the Geologic and Soils Hazards Evaluation Report of the project commissioned by the City of Morro Bay. The proposed project includes building a 600-megawatt lithium-ion battery Storage System (BESS) on 22 acres of the current 117-acre Morro Bay Power Plant property. The batteries will be stored in three two-story buildings with a total building area of 91,000 sq ft. supporting infrastructure including power conversion systems, substations, and tie-ins to the existing Pacific Gas and Electric substation adjacent to the project site would also be included. The project also includes demolition of the existing Morro Bay Power Plant building and stacks and backfill and restoration of the site. ENGEO has provided third-party review of the Geologic and Soils Hazards Evaluation Report, in addition to the geologic and geotechnical sections of the Draft Environmental Impact Report.

X-Ray Wharf—Naval Base Guam, CA
Associate. Randy acted as project manager and lead engineer. He performed the geotechnical analysis and drafted the Geotechnical Report with conclusions and recommendations for design of the project. The overall wharf improvements include renovation and modernization of the south berth at X-Ray Wharf, Berth 2, to provide berthing and utilities for T-AKE class supply vessels.

Part A of the project includes installation of a new vertical sheet pile bulkhead system in front of and along the existing bulkhead and other wharf facilities. Part B of the project includes landside components including a new electrical substation constructed on a deep foundation system, new high mast lighting along the wharf, and other new small electrical equipment pads supported on shallow foundations. Part B also includes structural fill and a new wharf deck to support loads from trucks, forklifts, and a mobile crane, including its outriggers. Challenges for the design of the project include the presence of shallow groundwater, very high seismic loads, liquefication, compressible soil, and very high moveable vertical loads. Additional challenges included limited field exploration techniques due to lack of on-island availability.

ENGEO is providing geotechnical design and support services, geotechnical quality control (GTQC), and is serving as Special Inspector of Record (SIOR). Our services also include density and acceptance testing of compacted fill, concrete strength testing, and strength testing of Cement Deep Soil Mixing (CDSM).

Pismo Beach Public Safety Facility—Pismo Beach, CA
Associate. Randy is acting as lead Geotechnical Engineer and performed the engineering analyses and developed the geotechnical recommendations for the project. The City of Pismo Beach has selected a Design-Build contractor team to design and construct a new fire station and renovations and additions to the existing police facility, and related site work at 1000 Bello Street.

The project will create a combined Public Safety Facility that will join the new fire station and expanded existing police station. The Public Safety Facility will include preservation of historic City Hall façade by re-building it (using existing brick and other key elements salvaged from the demolition) to serve as a façade for the new structure. A new emergency operation center will also be incorporated into the project. Geotechnical challenges of the project include highly expansive clayey site soil, extremely low infiltration rate, presence of non-engineered fill, adjacent sloping terrain, and existing structures and retaining walls.

GREGORY A. SPAULDING, PG, CEG, CHG
Senior Geologist
Greg has over 35 years of experience in the fields of
engineering geology, environmental geology, and
hydrogeology. His geotechnical consulting experience
includes tasks during planning, design, and construction phases of projects. He has provided engineering geologic input during environmental document preparation, managed geotechnical investigation services during design phases for new structures, and provided geologic observations and fieldtesting services during earthwork and foundation excavation activities. He has also assessed hydrogeological
characteristics of groundwater basins. He has performed many geologic evaluations on waterfront, coastal and
bayfront properties.

SELECTED PROJECT EXPERIENCE
Coastal Stabilization Projects along Ocean Boulevard—
Pismo Beach, CA
Engineering Geologist. Greg has provided engineering
geologic input for various coastal bluff projects in Pismo Beach. Greg provided coastal engineering and geotechnical consulting services for the stabilization of the coastal bluff at Ocean Boulevard and Cliff Street, adjacent to Dinosaur Caves Park where coastal erosion from severe winter storm events and subaerial erosion had threatened public infrastructure including the local roadway and utilities. In addition, a sea cave with unknown dimensions was evaluated under the
roadway intersection. Similar services have been performed in the past for the City of Pismo Beach as well as private property owners for other portions of the community’s
coastline.

US Navy, Port Hueneme Wharfs 3 and 4—Oxnard, CA
Engineering Geologist. Greg was the engineering geologist overseeing field operations which included drilling, sampling, and testing of the cyclopean wall backfill and underlying sedimentary deposits. The exploratory program utilized both standard and sonic drilling methods to continually sample the cyclopean wall mass and underlying sediments. A downhole geophysical survey was also performed to help interpret the integrity of the cyclopean wall mass. Data obtained was used by engineers to perform an extensive engineering analysis of the static and seismic stability of the cyclopean mass, backfill, and underlying sedimentary deposits as well as an analysis of the capacity of the concrete deck slab for support of heavy vehicle loading conditions.

EDUCATION
BS, Geology, Minor in Geography
San Diego State University, 1987
AA, General Studies, Southwestern
College, 1981

EXPERIENCE
Years with ENGEO: 32
Years with Other Firms: 3

REGISTRATIONS &

CERTIFICATIONS
Professional Geologist, CA 5892
Certified Engineering Geologist,
CA 1863
Certified Hydrogeologist, CA 351
City of San Diego, Registered
Special Inspector for Deep
Foundations

SPECIALIZATIONS
• Hydrogeology
• Coastal Engineering
• Testing and Observation
• Foundation Excavation

GREGORY A. SPAULDING, PG, CEG, CHG
Coast Boulevard Stabilization by Emergency Infilling of Cook’s Crack Sea Cave—La Jolla Area of San Diego, CA
Engineering Geologist. Greg was the responsible engineering geologist for this emergency sea cave infill project. There was the potential for the sea cave roof and the overlying Coast Boulevard Road to collapse. The City of San Diego approved the emergency infilling of the sea cave with erodible cement-sand slurry. This project was awarded the ENR California Region 2020 Best Small Project and ENR National 2020 Best of the Best Small Project. This project was also awarded the ASCE-Region 9 2020 Outstanding Geotechnical Project and an Honorable Mention in the Public Medium category of the 2019 CalGeo Outstanding Project Awards.

B Street Pier, Fault Investigation, San Diego—CA
Engineering Geologist. Greg was the engineering geologist overseeing the subsurface investigation for a fault study and foundation design at the B Street Pier Cruise Ship Terminal.

Work was completed in two phases with phase one consisting of performing literature review and an offshore geophysical study, cone penetrometer test soundings, continuous core borings, evaluation of data and preparation of a draft data report. Phase two consisted of a preliminary paleontological analysis to define the age of sediments, performing supplemental CPT soundings, direct push sampling, and completion of a final report.

Dana Point Harbor Revitalization—City of Dana Point/Orange County Parks, CA Engineering Geologist. Greg was the engineering geologist in charge of the field drilling program for evaluation of the subsurface conditions for both landside improvements and guide pile design for new and dock facilities. Dana Point Harbor is currently undergoing renovation of its facilities.

Private and Public Sector Shoreline Stabilization—Solana Beach, CA Engineering Geologist. Since the devastating 1997 El Nino storms stripped transient beach sands from the Solana Beach shoreline and triggered more than 30 major coastal bluff failures. Greg has provided geologic input for the design and construction of more than 30 seawalls and sea caves/notch infills for private property owners. Greg also provided geologic input for the Fletcher Cove Marine Safety Center for the City of Solana Beach, and the City’s public beach access improvements at Tide Beach Park and north of Del Mar Shores. Many of these projects also received Coastal Development Permits from the California Coastal Commission, with some of these projects incorporating the use of erodible concrete that more closely mimics the erosion characteristics of the cliff-forming geology along the shoreline.

US Navy, Quay Wall Relieving Platform Geotechnical/Structural Analysis—Naval Base San Diego, CA
Engineering Geologist. Greg was the engineering geologist responsible for the geotechnical investigation to investigate the possibility of the development of voids and lost ground critical for the support of cranes and other heavy equipment used adjacent to the quay wall. This work included evaluation of existing bore hole and other subsurface data as well as evaluation of geophysical and CPT data. Findings were summarized in a subsurface data report.

Piers 5000, 5002 and 5003, Naval Base—Point Loma, CA
Senior Geologist. Greg was the engineering geologist responsible for the geotechnical investigation and seismic evaluation to support the design team in upgrading piers at Naval Base Point Loma. Site characterization also included evaluating the limits of a large landslide mass that extends into the project area.

39 APPENDIX B: ESTIMATED LABOR HOURS

BRADY
Exhibit
Number
Facility
Identifer Description
PM - A.

Del Bello
Principal in
Charge - K.

Kuebitz

QA/QC -
A.

Bogage
Assoc.

Engineer -
M. Engle
Total
05 SW-01
Seawall-Concrete
-Lease sites - 133W and 132W
-See Attachment 2, Exhibit B.1 4.6 0.1 1.1 5.4 11
10 SW-02 Seawall-Concrete 5.4 0.1 1.1 4.2 11
11 SW-03 Seawall-Heavy Timber 9.5 0.6 1.1 7.4 19
Sub Total 41
PM - A.

Del Bello
Principal in
Charge - K.

Kuebitz

QA/QC -
A.

Bogage
Assoc.

Engineer -
M. Engle
Total
PM - A.

Del Bello
Principal in
Charge - K.

Kuebitz

QA/QC -
A.

Bogage
Assoc.

Engineer -
M. Engle
Total
01 RVT-01 Rock 27.7 0.8 2.4 22.0 53 7.3 0.2 1.0 5.1 14
02 RVT-02 Rock and beach 80.0 2.0 7.0 66.0 155 21.8 0.6 2.9 15.4 41 05 RVT-03
Rock-Lease sites-143W & 142W and
the width of the North T pier
-See Attachment 2, Exhibit B.1 4.3 0.1 0.4 3.4 8.1 1.1 0.0 0.1 0.8 2 06 RVT-04
Rock-North side of the South T pier
to the north boundary of Lease Site
105.1W
-See Attachment 2, Exhibit B.2 18.2 0.5 1.6 14.0 34 4.8 0.1 0.6 3.4 9 07 RVT-05
Rock-South side of Lease Site 29 to
the South side of Lease Site 27
-See Attachment 2, Exhibit B.3 8.0 0.2 0.7 6.4 15 2.1 0.1 0.3 1.5 4 07 RVT-06
Rock-South side of Lease Site 25 to
the North side of Lease Site 24
-See Attachment 2, Exhibit B.4 1.9 0.1 0.2 1.5 3.6 0.5 0.0 0.1 0.3 1 08 RVT-07
Rock-South side of Lease Site 20 to
the North side of Lease Site 19
-See Attachment 2, Exhibit B.4 2.0 0.1 0.2 1.6 3.8 0.5 0.0 0.1 0.4 1 08 RVT-08
Rock-South side of Lease Site 18 to
the North side of Lease Site 17
-See Attachment 2, Exhibit B.5 2.3 0.1 0.2 1.8 4.4 0.6 0.0 0.1 0.4 1 08 RVT-09
Rock-South side of Lease Site 14 to
the North side of Lease Site 13
-See Attachment 2, Exhibit B.6 2.8 0.1 0.2 2.2 5.3 0.7 0.0 0.1 0.5 1 09 RVT-10
Rock-South side of Lease Site 8 to
the North side of Lease Site 7
-See Attachment 2, Exhibit B.6 2.8 0.1 0.2 2.2 5.3 0.7 0.0 0.1 0.5 1 09 RVT-11
Rock-South side of Lease Site 4 to
the North side of Lease Site 3
-See Attachment 2, Exhibit B.7 2.1 0.1 0.2 1.6 4 0.5 0.0 0.1 0.4 1 10/11 RVT-12 Rock 64.0 1.8 4.0 50.0 120 16.9 0.4 2.2 11.9 31 Sub Total 411 107
Total 452 107.3
Staff
Revetments- Base RFP - Level 1, Tactile Observation Base RFP - Level 2, Geotechnical Observation Base RFP -
Estimated Labor Hours
Staff
SeawallsPage 118 of 451
ENGEO
Exhibit
Number
Facility
Identifer Description
PM/Assoc.

Principal
Senior
CAD
Project
Assistant
Total
PM/Assoc.

Principal
Senior
CAD
Project
Assistant
Total
05 SW-01
Seawall-Concrete
-Lease sites - 133W and 132W
-See Attachment 2, Exhibit B.1 1.5 0.5 0.25 0.25 0.25 3 2 1 0.5 0.5 0.5 4.5 10 SW-02 Seawall-Concrete
11 SW-03 Seawall-Heavy Timber
PM/Assoc.

Principal
Senior
CAD
Project
Assistant
Total
PM/Assoc.

Principal
Senior
CAD
Project
Assistant
Total
01 RVT-01 Rock 2.5 0.5 0.5 0.25 0.25 4 3.5 0.75 0.75 0.5 0.5 3.5 02 RVT-02 Rock and beach 9 2 1.5 0.5 0.5 14 13 3 2.5 1 1 20.5 05 RVT-03
Rock-Lease sites-143W & 142W and
the width of the
North T pier
-See Attachment 2, Exhibit B.1 1.5 0.25 0.25 0.25 0.25 3 5.5 0.25 0.25 0.25 0.25 6.5 06 RVT-04
Rock-North side of the South T pier to
the north boundary
of Lease Site 105.1W
-See Attachment 2, Exhibit B.2 2.5 0.5 0.5 0.25 0.25 4 3.5 0.5 0.5 0.25 0.25 5 07 RVT-05
Rock-South side of Lease Site 29 to
the South side of Lease
Site 27
-See Attachment 2, Exhibit B.3 2 0.25 0.25 0.25 0.25 3 8.25 0.25 0.25 0.25 0.25 9.25 07 RVT-06
Rock-South side of Lease Site 25 to
the North side of Lease
Site 24
-See Attachment 2, Exhibit B.4 1.5 0.25 0.25 0.25 0.25 3 5.5 0.25 0.25 0.25 0.25 6.5 08 RVT-07
Rock-South side of Lease Site 20 to
the North side of Lease
Site 19
-See Attachment 2, Exhibit B.4 1.5 0.25 0.25 0.25 0.25 3 2 0.25 0.25 0.25 0.25 3 08 RVT-08
Rock-South side of Lease Site 18 to
the North side of Lease
Site 17
-See Attachment 2, Exhibit B.5 1.5 0.25 0.25 0.25 0.25 3 5.5 0.25 0.25 0.25 0.25 6.5 08 RVT-09
Rock-South side of Lease Site 14 to
the North side of Lease
Site 13
-See Attachment 2, Exhibit B.6 1.5 0.25 0.25 0.25 0.25 3 5.5 0.25 0.25 0.25 0.25 6.5 09 RVT-10
Rock-South side of Lease Site 8 to the
North side of Lease
Site 7
-See Attachment 2, Exhibit B.6 1.5 0.25 0.25 0.25 0.25 3 5.5 0.25 0.25 0.25 0.25 6.5 09 RVT-11
Rock-South side of Lease Site 4 to the
North side of Lease
Site 3
-See Attachment 2, Exhibit B.7 1.5 0.25 0.25 0.25 0.25 3 2 0.25 0.25 0.25 0.25 3 10/11 RVT-12 Rock 7 1.5 1 0.5 0.5 11 13 2 2 1 1 19
Total 35 7 5.75 3.75 3.75 55 74.8 9.25 8.25 5.25 5.25 100.25 Base RFP - Level 1, Tactile
Observation
Base RFP - Level 2, Geotechnical
Observation
Estimated Labor Hours
Staff
SeawallsStaff
Base RFP - Level 1, Tactile
Observation
Base RFP - Level 2, Geotechnical
Observation RevetmentsPage 119 of 451
GEOVision
Exhibit
Number
Facility
Identifer Description
Mob/
Demob
Senior
Geophysical
Technician
Total
01 RVT-01 Rock 3.1 32.0 35.1
02 RVT-02 Rock and beach 9.2 96.1 105.2
05 RVT-03
Rock-Lease sites-143W & 142W and the width
of the North T pier
-See Attachment 2, Exhibit B.1 0.5 5.6 6.1
06 RVT-04
Rock-North side of the South T pier to the
north boundary of Lease Site 105.1W
-See Attachment 2, Exhibit B.2 2.0 20.8 22.8
07 RVT-05
Rock-South side of Lease Site 29 to the South
side of Lease Site 27
-See Attachment 2, Exhibit B.3 0.9 9.2 10.1
07 RVT-06
Rock-South side of Lease Site 25 to the North
side of Lease Site 24
-See Attachment 2, Exhibit B.4 0.2 2.0 2.2
08 RVT-07
Rock-South side of Lease Site 20 to the North
side of Lease Site 19
-See Attachment 2, Exhibit B.4 0.2 2.4 2.6
08 RVT-08
Rock-South side of Lease Site 18 to the North
side of Lease Site 17
-See Attachment 2, Exhibit B.5 0.3 2.8 3.1
08 RVT-09
Rock-South side of Lease Site 14 to the North
side of Lease Site 13
-See Attachment 2, Exhibit B.6 0.4 3.8 4.2
09 RVT-10
Rock-South side of Lease Site 8 to the North
side of Lease Site 7
-See Attachment 2, Exhibit B.6 0.3 3.2 3.5
09 RVT-11
Rock-South side of Lease Site 4 to the North
side of Lease Site 3
-See Attachment 2, Exhibit B.7 0.2 2.0 2.2
10/11 RVT-12 Rock 6.9 72.1 78.9
Total 24 252 276
Staff
Revetments- Base RFP - Level 2,
Geotechnical Observation