City Council Regular Meeting - August 27, 2024
1. ESTABLISH QUORUM AND CALL TO ORDER
Mayor Wixom established a quorum and called the meeting to order at 5:31 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 closed session meeting was held.
4.b
Mayor and Councilmembers' Reports, Announcements and Presentations https://youtu.be/nvV_3lwBOe8?si=7yiemQ0k7BqAq7eS&t=158
4.c
City Manager Reports, Announcements and Presentations
https://youtu.be/nvV_3lwBOe8?si=ac4GILNVAIyQXeFN&t=957
4.d
Subcommittee Reports - Verbal Update of Current Subcommittee Activities https://youtu.be/nvV_3lwBOe8?si=iqgH_nAeJr0JsVwR&t=1066
a.
Water Reclamation Facility & Morro Bay / Cayucos Sanitary District JPA
b.
Morro Bay Power Plant (Vistra)
c.
Offshore Wind Energy
d.
Downtown Design District
5. RECOGNITION AND PRESENTATIONS
None
6. PUBLIC COMMENT
https://youtu.be/nvV_3lwBOe8?si=zibRyeKAK02dRA0j&t=1241 Cherise Hansson, Chair of the Morro Bay Chamber of Commerce Board of Directors, introduced Dina Lundquist, the Chamber's newly appointed Chief Executive Officer.
Dina Lundquist, Morro Bay Chamber of Commerce CEO, introduced herself to the community.
Garry Johnson, Morro Bay, shared information gleaned from his research on various types of lithium batteries.
Linda Winters, Morro Bay, was re-inspired to raise the American flag demonstrating her national pride.
Rachel Wilson, Cayucos, commented on the proposed BESS Project and issues raised in the August 2nd Coastal Commission letter.
An unnamed resident offered comments.
Margaret Carman, Morro Bay, requested the Council respond to Senator Laird's offer to hold informational meetings regarding the costs and potential rate impacts of extending Diablo Canyon power plant operations and suggested the Community Center be offered as a venue.
Tina Metzger, Morro Bay, requested the Council direct a pause in accepting new BESS project applications until siting and development standards have been approved.
End of public comment.
7. CONSENT AGENDA
https://youtu.be/nvV_3lwBOe8?si=6--lFiPhVT_yGeCo&t=2500 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 Paige, Morro Bay, commented on Item 7c, requesting the draft EIR for the BESS project be amended to address additional concerns.
Betty Winholtz, Morro Bay, commented on Item 7c, questioning the timeline for deliverables and suggesting the large number of comments resulted from an inadequate draft EIR. Regarding Items 7f and 7g, she questioned the budget and opined it was odd to have a middle man overseeing the pavement project.
End of public comment.
Council Member Landrum pulled Items 7c and 7g.
Motion by
Council Member Landrum
Seconded by
Council Member Edwards
Approve Items 7.a, 7.b, 7.d, 7.e, 7.f, 7.h & 7.i 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.
July 23, 2024 - Regular Council Meeting
1. Post-Meeting Minutes - CCRM_Jul23_2024 - English.pdf
b.
August 13, 2024 - Special Closed Session Meeting
1. Post-Meeting Minutes - CCCM_Aug13_2024 - English.pdf
c.
August 13, 2024 - Regular Council Meeting
1. Post-Meeting Minutes - CCRM_Aug13_2024 - English.pdf
7.b
Acceptance of California Office of Traffic Safety (OTS) Grant
1. 7b Staff Report OTS Grant Application FY2024 2025 acceptance.pdf
2. 7b1 EM25023 Draft Grant Agreement.pdf
3. 7b2 Reso 54-24 Amending FY 2024-25 Budget.pdf
Authorize the Fire Department to accept the grant award from the California Office of Traffic Safety Grant program for hydraulic extrication equipment; and Authorize the City Manager to approve execution of grant related documents, subject to City Attorney review and approval as to form; and Adopt Resolution No. 54-24 to amend the Fiscal Year (FY) 2024-25 Operating & Capital Budget.
7.c
Approval of Amendment No. 6 to Environmental Impact Report (EIR) Contract with Rincon Consultants for the Vistra Battery Energy Storage System (BESS) Project at 1290 Embarcadero
1. 7c SR Approve Rincon contract Amendment No 6 (BESS).pdf
2. 7c1 Rincon Consultants - 6th Amendment to Agreement.pdf https://youtu.be/nvV_3lwBOe8?si=9-_iHAWDvLHDffA6&t=2992 Community Development Director Singewald responded to Council questions and issues raised during public comment.
Motion by
Mayor Wixom
Seconded by
Council Member Edwards
Approve Amendment No. 6 to the EIR contract for the Vistra Battery Energy Storage System (BESS) project EIR at 1290 Embarcadero. The City Attorneys' Office has reviewed Amendment No. 6 (Attachment 2) as to form, such Amendment subject to final approval as to form by the City Attorney.
Ayes (5)
Mayor Wixom, Council Member Landrum, Council Member Barton, Council Member Edwards, and Council Member Ford CARRIED (5 to 0)
7.d
Award of Contract to AAAA Engineering Contracting, Inc., for the Sequoia Court Storm Drain Repair Project
1. 7d Staff Report Sequoia Court SD Project Contract Award.pdf
2. 7d1 AAAA Construction Agreement_Sequoia Ct. Storm Drain Replacement.pdf Award a contract to AAAA Engineering Contracting, Inc., for the Sequoia Court Storm Drain Repair Project for a total of $433,840, which includes a 10% contingency budget executable by the City Manager. The contract (Attachment 1) has been reviewed and approved as to form by the City Attorneys' Office.
7.e
Award of Contract to Hartzell General Engineering Contractor, Inc., for Lift Station 1 Force Main Replacement Project and Approval of Resolution No. 55-24 Amending the Fiscal Year (FY) 2024-25 Operating & Capital Budget
1. 7e Staff Report Lift Station 1 Force Main Replacement Project.pdf
2. 7e1 Hartzell_Agreement_LS1 Force Main Replacement.pdf
3. 7e2 Reso 55-24 Amending FY 2024-25 Budget.pdf
4. 7e3 Site Map.pdf
Award a contract to Hartzell General Engineering Contractor, Inc., (Hartzell) for the Lift Station 1 Force Main Replacement Project for a total of $414,568, which includes a 10% contingency budget executable by the City Manager. The contract (Attachment 1) has been reviewed and approved as to form by the City Attorneys' Office; and Adopt Resolution No. 55-24 amending the FY 2024-25 Operating & Capital Budget to add $69,568 to the List Station 1 Force Main Replacement Project budget.
7.f
Approval of SB-1 Funding Project List for FY 24/25 Pavement Management Plan Project
1. 7f Staff Report SB1 Funding for FY 24-25 Pavement Management Plan Project.pdf
2. 7f1 Reso 56-24 approving FY24-25 SB1 Project List.pdf Adopt Resolution No. 56-24 approving the Fiscal Year 2024/25 project list for use of Senate Bill 1 (Road Repair and Accountability Act of 2017) Road Maintenance and Rehabilitation Account (RMRA) funds.
7.g
Approval of Contract with Filippin Engineering for Performing Construction Management and Inspection Services for the 2024 Pavement Rehabilitation Project
1. 7g Staff Report _Filippin Engineering Contract for Pavement Construction Management.pdf
2. 7g1 Filippin Engineering Contract_2024 Paving_signed_scope included.pdf https://youtu.be/nvV_3lwBOe8?si=hq64m0x8cBww6H0I&t=3810 Public Works Director Kwolek responded to Council questions and issues raised during public comment.
Motion by
Mayor Wixom
Seconded by
Council Member Barton
Approve and execute contract in the amount of $334,936.80, which includes a 10% contingency executable by the City Manager, with Filippin Engineering (FE), to perform Construction Management and Inspection Services for the 2024 Pavement Management project (Attachment 1).
The City Attorneys’ Office has reviewed and approved the contract with FE (Attachment 1) as to form.
Ayes (5)
Mayor Wixom, Council Member Landrum, Council Member Barton, Council Member Edwards, and Council Member Ford CARRIED (5 to 0)
7.h
Adoption of Resolution No. 57-24 Approving Amendment # 1 to the Master Lease Agreement with WBAM LLC, Lease Site 30W-33W, Bayfront Marina located at 201 Main Street
1. 7h SR 08-27-24 Lease Site 30W-33W Amendment 1.pdf
2. 7h1 Reso 57-24 approving Amendment 1 to Lease Agr for LS 30-30W.pdf
3. 7h2 Amendment 1 Bayfront Marina Lease Agr.pdf
Adopt Resolution No. 57-24, approving Amendment 1 to the Master Lease Agreement.
7.i
Central Coast Community Energy Proposed Amendment to Joint Powers Agreement
1. 7i SR Proposed Changes to 3CE JPA.pdf
2. 7i1 CCCCE Board Policy Amendment Notice.pdf
3. 7i2 Mayor Wixom letter to Mayor Stewart re Proposed 3CE Policy Amendments.pdf Receive and file.
8. PUBLIC HEARING ITEMS
9. BUSINESS ITEMS
9.a
Award of Contract to Souza Construction for the 2024 Pavement Rehabilitation Project
1. 9a Staff Report 2024 Pavement Rehabilitation Project Contract Award.pdf
2. 9a1 Souza Construction 2024 Pavement Rehab Program (Signed Contract).pdf https://youtu.be/nvV_3lwBOe8?si=OOlyRevNYvp-Jj2c&t=5028 Public Works Director Kwolek presented the report and turned to Joe Ririe, Pavement Engineering Inc., to present pavement management principles, assessment findings, and recommendations.
Mayor Wixom opened public comment for Item 9.a.
https://youtu.be/nvV_3lwBOe8?si=5ZeEYB8m9ac3aRSx&t=8258 Betty Winholtz, Morro Bay, requested a list of streets to be paved.
Jeff Eckles, Morro Bay, appreciated the presentation and suggested it be included in the agenda packet for public review.
Michelle Leicester-Cadaret, Morro Bay, asked how continuous failure and slippage could be prevented on streets along Panorama.
Nattalia Merzoyan, Morro Bay, agreed with the previous speaker, noting similar damage occurs on the golf course road.
End of public comment.
Public Works Director Kwolek committed to publishing the list of streets to be paved on the City website.
Motion by
Council Member Landrum
Seconded by
Council Member Ford
Award a contract to Souza Construction (Souza), for the 2024 Pavement Rehabilitation Project for a total of $4,383,595.98, which includes a 10% contingency budget executable by the City Manager. The City Attorneys’ Office has reviewed the contract with Souza (Attachment 1) as to form, such contract subject to final approval as to form by the City Attorney prior to full execution.
Ayes (5)
Mayor Wixom, Council Member Landrum, Council Member Barton, Council Member Edwards, and Council Member Ford CARRIED (5 to 0)
9.b
Authorization to Submit a Grant Application for California Coastal Commission (CCC) Local Coastal Program (LCP) Local Assistant Grant Program Funding and Increase Grant Budget for the Waterfront Master Plan Update
1. 9b SR Auth Reso Waterfront Master Plan grant.pdf
2. 9b1 Reso 58-24 Authorizing WMP LCP grant_08.27.24.pdf
3. 9b2 Attch 1 to Reso Waterfront Master Plan LCP Grants_Application.pdf The Council took a brief recess at 7:58 p.m. and reconvened at 8:07 p.m. with all members present. https://youtu.be/nvV_3lwBOe8?si=IHw-erX7IR_LqbfB&t=9462 Community Development Director Singewald presented the report and responded to Council inquiries.
Mayor Wixom opened public comment for Item 9.b.
https://youtu.be/nvV_3lwBOe8?si=pGOy0zBFRoHbmc8s&t=9925 Betty Winholtz, Morro Bay, stated developing street ends along Embarcadero did not necessarily reflect public comment and hoped the development and correctness of which street ends should be developed, or retained for parking, be evaluated. Regarding development at the Rock, she hoped there would be a project vs. no project option.
End of public comment.
Motion by
Council Member Barton
Seconded by
Council Member Landrum
Adopt Resolution No. 58-24 authorizing staff to submit a grant application for California Coastal Commission (CCC) LCP Local Assistance Grant Program to fund the update of the City’s 1996 Waterfront Master Plan in the amount of $750,000. This is a $250,000 increase to the amount authorized by the City Council for the same grant application on September 26, 2023.
Ayes (5)
Mayor Wixom, Council Member Landrum, Council Member Barton, Council Member Edwards, and Council Member Ford CARRIED (5 to 0)
9.c
Amend Council Policies & Procedures Section 5.5, for Elected Officials Not Running for Office, to Conduct Town Halls Under Section 5.5 During Election Season; and 2) Authorize Section 5.5 for Potential for Potential Upcoming Town Hall Meetings
1. 9c SR Council Policy Section 5.5 Amendment - Council Policy Exceptions.pdf
2. 9c1 Reso 59-24 Amending CCPP re Town Hall Meetings (Option A).pdf
3. 9c1 Reso 59-24 Amending CCPP re Town Hall Meetings (Option B).pdf https://youtu.be/nvV_3lwBOe8?si=0ySmFhJtIUCgAESv&t=10760 City Attorney Neumeyer presented the report and responded to Council inquiries.
Mayor Wixom opened public comment for Item 9.c; seeing none, the public comment period was closed.
Following Council discussion, there was consensus to move forward with Option A.
Motion by
Council Member Ford
Seconded by
Mayor Wixom
To adopt Resolution No. 59-24 with language in Option A to affirm that Council by agendized action by consider specific exceptions to the restrictions in Section 5.5 during election season for Council Members not running that election season for re-election.
Ayes (5)
Council Member Barton, Council Member Ford, Mayor Wixom, Council Member Landrum, and Council Member Edwards CARRIED (5 to 0)
Motion by
Council Member Ford
Seconded by
Council Member Landrum
To approve Mayor Pro Tem Landrum's request to hold potential upcoming town hall meetings for possible topics including homelessness, the downtown, harbor issues, waterfront sustainability, and what local government can do, and what is in our water, air and food. Any of those topics are acceptable.
Ayes (5)
Council Member Barton, Council Member Ford, Mayor Wixom, Council Member Landrum, and Council Member Edwards CARRIED (5 to 0)
9.d
Update on Fiscal Year (FY) 2023-24 and 2024-25 City Council Goals and Action Items
1. 9d SR City Goals August 2024 Update - FY 23-25 Strategic Goals.pdf
2. 9d1 City Goals and Sort Term Actions - 2023-25.pdf
3. 9d2 City Goals Progress Tracking_FY 2023-2025 (08.22.24).pdf https://youtu.be/nvV_3lwBOe8?si=2a1ND2K2pIAm9UrQ&t=12698 City Manager Kimball presented the report and, along with Mr. Neumeyer and Staff, responded to Council inquiries.
Council Member Ford requested discussions regarding 781 Market Avenue come back to closed session. Mayor Wixom suggested a holistic look at City-owned property including Teen Center or other major properties.
Mayor Wixom opened public comment for Item 9.d; seeing none, the public comment period was closed.
As a receive and file item, no formal action was taken by the Council.
10. COUNCIL DECLARATION OF FUTURE AGENDA ITEMS
https://youtu.be/nvV_3lwBOe8?si=Z7k4CmnzxDwEgfef&t=14813 Council Member Ford encouraged Council Members to write letters to our federal representatives to urge improvement upon the FEMA reimbursement process.
Council Member Landrum requested a list of report of pending future agenda items. Staff committed to sharing that working document with the Council.
Council Member Landrum commented on the request to ask Senator Laird & Assembly Member Addis how quickly and where the meeting regarding Diablo Canyon power plant extension would be held and offer City facilities as a potential venue. Mayor Wixom agreed to submit a letter on the City's behalf.
Council Member Landrum requested support for a pause on processing new BESS project applications until the City establishes and approves siting and development standards. There was majority Council support for a review and discussion of alternatives, the Council did not authorize the work effort to prepare a moratorium.
11. ADJOURNMENT
The meeting adjourned at 9:50 p.m.