Morro Bay City Council
October 22, 2024

CITY OF MORRO BAY
City Council Regular Meeting Agenda

Tuesday, October 22, 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 - Verbal Update of Current Subcommittee Activities

1. Water Reclamation Facility & Morro Bay / Cayucos Sanitary District JPA

2. Morro Bay Power Plant (Vistra)

3. Offshore Wind Energy

4. Downtown Design District

5. RECOGNITION AND PRESENTATIONS

5.a Morro Bay Chamber of Commerce Quarterly Update

5.b National Apprenticeship 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:
•
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.
•
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.
•
Please refrain from public displays or outbursts such as unsolicited applause, comments or cheering.
•
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.
•
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 Items 7.a. through 7.e. as submitted.

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

1. September 24, 2024 - Regular Council Meeting 5

2. October 8, 2024 - Regular Council Meeting 12

7.b Approval of Proclamations
(City Clerk)

1. Proclamation recognizing National Apprenticeship Week as November 17-23, 2024
19 7.c Approval of Amendment No. 2, extending the License Agreement with PG&E for use of Morro Bay Community Center Parking Lot for Public Safety Power Shutoff events through March 28, 2027
20 (Fire Department)
Recommended Action
Authorize the City Manager and Fire Chief to amend the License Agreement with Pacific Gas and Electric (PG&E) for the use of the Morro Bay Community Center parking lot to establish an Outdoor Community Resource Center (CRC) in the event of a Public Safety Power Shut-off (PSPS) events through March 28, 2027.

7.d Adoption of Resolution No. 68-24 Approving Amendment No. 6 to the Morro Bay Transit and Trolley Operations and Management Agreement with MV Transportation, Inc.
39 (Public Works Department)
Recommended Action
Adopt Resolution No. 68-24 approving Amendment No. 6 to the Morro Bay Transit and Trolley Operations and Management Agreement with MV Transportation, Inc., (MV).

7.e Fourth Quarter Investment Report (Period Ending June 30, 2024) for Fiscal Year (FY) 2023-24
43 (Administrative Services Department)
Recommended Action

Receive the attached Fourth Quarter Investment Report (period ending June 30, 2024) for FY 2023-24.

8. PUBLIC HEARING ITEMS
None

9. BUSINESS ITEMS

9.a Consideration of Amending the Advisory Board Handbook & By-Laws to reduce the Public Works Advisory Board and Harbor Advisory Board Membership to Five Members
48 (Mayor Wixom)
Recommended Action
Discuss and consider the adoption of Resolution No. 69-24 amending the Advisory Board By-Laws regarding Appointment and Qualifications of Members for the Harbor Advisory Board and Public Works Advisory Board.

10. COUNCIL DECLARATION OF FUTURE AGENDA ITEMS

11. ADJOURNMENT
The next Regular Meeting will be held on November 12, 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
September 24, 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
Members Absent: Council Member Jennifer Ford
Staff Present: City Manager Yvonne Kimball
City Attorney Chris Neumeyer
City Clerk Dana Swanson
Finance Director Emily Conrad
Community Development Director Airlin Singewald
Police Chief Amy Watkins
Fire Chief Dan McCrain
_____________________________________________________________________

1. ESTABLISH QUORUM AND CALL TO ORDER
Mayor Wixom called the meeting to order at 5:33 p.m. with all but Council Members Barton & Ford present. Council Member Barton arrived at 5:34 p.m.

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/0eyICLgTJvI?si=3F0_xfdYbTysrKZm&t=128

4.c City Manager Reports, Announcements and Presentations None

2 4.d Subcommittee Reports - Verbal Update of Current Subcommittee Activities
None
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
https://youtu.be/0eyICLgTJvI?si=oKpbVA59MTZhfN0d&t=573

5.a Bird Festival Presentation
Presented by Robbie and Bob Revel.

6. PUBLIC COMMENT
https://youtu.be/0eyICLgTJvI?si=eRe46yyG6UpF0DBn&t=1180  Marilyn Harris, Girl Scouts, requested a beach park so that kids can play near the beach like in Cayucos.
 Mandy Davis, REACT Alliance, announced upcoming events.  Dan Sedley, Morro Bay, commented on the proposed battery storage facility and encouraged residents to vote yes on Measure A-24.  Norm Williams, Morro Bay, spoke regarding the proposed battery project and urged Council to reject the project.
 Jim Gross, Morro Bay, spoke on behalf of the No on Measure A-24 campaign, explaining the financial support received from environmental organizations.
 Jeff Heller, Morro Bay, appreciated the City for agendizing these two informational items and urged the audience to ask questions to seek an understanding of the issues.
 Linda Winters, Morro Bay, commented on the importance of voter participation in the upcoming election.
 Michael Wambolt, Visit Morro Bay, announced the Morro Bay Maritime Festival to be held October 9th - 13th.
 Cherise Hansson, Morro Bay Chamber of Commerce Board of Directors, announced the Embarcadero After Dark Chamber Mixer to be held October 9th at the HarborWalk Inn.

3  Kendall Welch, President of Morro Bay Maritime Museum, provided information regarding Maritime Festival events planned for Friday - Saturday, October 11th-12th.
 Judy Salamacha, Morro Bay, invited everyone to attend a showing of the 1934 award winning movie, Treasure Island, at the Bay Theatre.  Bill Luffee, Morro Bay, appreciated the Public Works Department for repairing potholes on Kern Street.
 Richard Sadowski, Morro Bay, echoed Mr. Heller's comments, encouraged an open dialogue and discussion on how solar and wind energy can complement each other to reduce emissions.
 Karen Aguilar, Morro Bay, thanked the Bird Festival for their presentation and commented on the importance of protecting migratory birds.  An unnamed person offered comments.
 Cyndi Malmen, Cayucos, asked who would benefit from the offshore wind and battery storage projects and opined the benefit would not outweigh the cost.
 Cindy Hathaway, Morro Bay, expressed concern about accommodations (housing) for all these projects.

End of public comment.

Mayor Wixom announced Item 9.b. would be heard before Item 9.a.

7. CONSENT AGENDA
https://youtu.be/0eyICLgTJvI?si=OVYzvXWK-lbI7luY&t=3318 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; seeing none, the public comment was closed.

Motion by Mayor Wixom
Seconded by Council Member Landrum
Approve Items 7.a. through 7.d. as submitted.

Ayes (4): Mayor Wixom, Council Member Landrum, Council Member Barton, and Council Member Edwards
Absent (1): Council Member Ford
CARRIED (4 to 0)

4 7.a Approval of Minutes
Approve as submitted.
a. September 10, 2024 - Regular Council Meeting
b. September 10, 2024 - Special Closed Session Meeting

7.b Approval of Proclamations
Receive and file.
a. Proclamation declaring September 22 - September 28, 2024 as the 20th Annual Sea Otter Awareness Week

7.c FY 2024-25 Budget Amendments for Fire and Police Measures Q & E Allocations
Adopt Resolution No. 64-24 authorizing amendments to the adopted Fiscal Year (FY) 2024-25 Operating & Capital Budget.

7.d Resolution No. 65-24 Approving the Revised Local Agency Investment Fund (LAIF) Transaction Officers
Adopt Resolution No. 65-24 approving the revised Local Agency investment Fund (LAIF) Transaction Officers.

8. PUBLIC HEARING ITEMS
None.

The Council took a brief recess at 7:28 p.m. and reconvened at 7:44 p.m. https://youtu.be/0eyICLgTJvI?si=Lfm-iul5rBr_L4IG&t=6967 City Manager Kimball made brief announcements regarding Council direction for staff to prepare an RFP for future development of Market Plaza properties.

9. BUSINESS ITEMS

9.a Vistra Battery Energy Storage Systems (BESS) Project - Status Update
https://youtu.be/0eyICLgTJvI?si=q0dQwuWQlZfU6Yoi&t=7040 Community Development Director Singewald, Fire Chief McCrain and City Attorney Neumeyer presented the report for Item 9.a. and responded to Council inquiries.

Mayor Wixom opened public comment for Item 9.a.
https://youtu.be/0eyICLgTJvI?si=-yyrxODaeTSmrMom&t=11700  Debi Thoresen, Morro Bay, thanked the Fire Chief for the comprehensive evaluation and update but was concerned the

5 offsite analysis didn't address water for fire suppression and decontamination.
 Rachel Wilson, Cayucos, question the Windrose Plot data in the Ramboll report.
 Judy Setting, Morro Bay, appreciated the presentation on AB 205 and urged the City to address public safety and health concerns before moving forward.
 Jim Warner, Morro Bay, was concerned about environmental impacts and asked who would be responsible for decontamination should a fire occur.
 Linda Donnelly, Morro Bay, raised various questions about the California Energy Commission's (CEC) potential review of Vistra's application under AB 205.
 Nattalia Merzoyan, Morro Bay, suggested the City protest the CEC approval process and read a statement on behalf of another resident.
 Jeff Eckles, Morro Bay, took exception to the City Attorney's comments regarding the City's ability to negotiate a community benefit agreement under AB 205 and was confident any benefit agreement would be entered into with local elected representatives.  Betty Winholtz, Morro Bay, sought clarification as to whether the EIR had to cover both the amendment and CDP, whether staff would make a recommendation regarding approval of the
amendment, and whether the CEC or Coastal Commission would have approval authority.
 Cindy Hathaway, Morro Bay, wished to understand what economic benefit of the proposed project and expressed concern about safety of nearby animals and birds.
 Margaret Carman, Morro Bay, expressed concern about the time it would take to evacuate the Rock parking lot if a fire occurred.

End of public comment.

Staff responded to questions raised during public comment.

No action was taken by the City Council on this item.

9.b Approval of Offshore Wind (OSW) sub-recipient agreement with San Luis Obispo County
https://youtu.be/0eyICLgTJvI?si=b9_OcrNr6JteJIw6&t=3380

6 City Manager Kimball presented the report and responded to Council inquiries.

Supervisor Bruce Gibson commented on the scope of work for the study; understood the community had questions about the potential impacts and how this effort interacts with other actions in Port San Luis; and noted cooperation between Morro Bay, Port San Luis and Cal Poly was critical.

Mayor Wixom opened public comment for Item 9.b.
https://youtu.be/0eyICLgTJvI?si=zoB7wKOyAb22BFOJ&t=3933  Sheri Hafer, Atascadero, raised concerns about potential impacts offshore wind would have on residents, the commercial fishing community, the environment and economy.
 Ted Key, Cambria, felt it was important information regarding town halls be mailed to constituents and suggested both sides of the issue have an opportunity to speak at the same time.
 Joe Silano, Morro Bay, was opposed to offshore wind and industrialization of the ocean.
 Cindy Hathaway, Morro Bay, appreciated the City received funds to do its own study and shared concerns Mott MacDonald was not a neutral party.
 Mandy Davis, REACT Alliance, felt another study was unnecessary and opined offshore wind has no beneficial effect on climate change or global warming.
 David Yohe, Morro Bay, shared his impressions of comments made at a recent Board of Supervisors' Meeting.
 Judy Setting, Morro Bay, was opposed to offshore energy development near Morro Bay.
 Betty Winholtz, Morro Bay, encouraged the Council to accept the money and use it wisely for the community's benefit.
 Nattalia Merzoyan, Morro Bay, commented on contributions made by environmental organizations to the No on Measure A-24 Committee.
 Margaret Carman, Morro Bay, added comments regarding
environmental organization contributions.
 Cyndi Malmen, Cayucos, raised various questions about the potential impacts of offshore wind.
 Nicole Dorfman, Morro Bay, raised various questions about the Mott MacDonald study.

7  Paul Gallo, Los Osos, appreciated the City's transparency and spoke in opposition to offshore wind development.
 Richard Sadowski, Morro Bay, supported approval of the agenda item and looked forward to more dialogue.

End of public comment.

Mayor Wixom asked SLO County Acting County Administrator Rebecca Campbell to respond to questions regarding the selection of Mott MacDonald and scope of work raised during public comment.

Staff responded to additional Council inquiries.

Motion by Council Member Barton
Seconded by Council Member Edwards
Approval of the agreement and authorize the City Manager to execute the funding sub-recipient agreement with the County of San Luis Obispo. The fund supports staffing costs associated with development of the joint Operations and Maintenance Waterfront Infrastructure Facility Siting Study and Site Readiness Plans.

Ayes (4): Mayor Wixom, Council Member Landrum, Council Member Barton, and Council Member Edwards
Absent (1): Council Member Ford
CARRIED (4 to 0)

10. COUNCIL DECLARATION OF FUTURE AGENDA ITEMS
None.

11. ADJOURNMENT
The meeting adjourned at 9:33 p.m.
/s/ Dana Swanson, City Clerk

1 MINUTES - MORRO BAY CITY COUNCIL

REGULAR MEETING
October 8, 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
Finance Director Emily Conrad
Public Works Director Greg Kwolek
Community Development Director Airlin Singewald
Police Chief Amy Watkins
Fire Chief Dan McCrain
_____________________________________________________________________

1. ESTABLISH QUORUM AND CALL TO ORDER
Mayor Wixom established a quorum and called the meeting to order at 5:32 p.m.

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/VoJ_RhhfwlE?si=KJPR8wwPyxlH2YH_&t=109

4.c City Manager Reports, Announcements and Presentations https://youtu.be/VoJ_RhhfwlE?si=6Edpkx8HirZZ2_Qg&t=572

4.d Subcommittee Reports - Verbal Update of Current Subcommittee Activities

2 None.
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

5.a Domestic Violence Awareness Month Proclamation
https://youtu.be/VoJ_RhhfwlE?si=jsOjUb9pPird1JVx&t=706
Presented to Lumina Alliance Development Director, Heather Mullin.

5.b Recognize SurviveOars/Dragonboat for World Championship Accomplishments
https://youtu.be/VoJ_RhhfwlE?si=FEZ2S1lG4JnwvCmZ&t=1065

5.c Central Coast Community Energy (3CE) Presentation by Senior Customer Accounts Manager, Judith Young
https://youtu.be/VoJ_RhhfwlE?si=Q1kjDFnEyXohKnn1&t=1240

6. PUBLIC COMMENT
https://youtu.be/VoJ_RhhfwlE?si=w8IvdoT4vU2IkTL7&t=1777  Glenn Silloway, Morro Bay, urged residents to vote no on Measure A-24.  Garry Johnson, Morro Bay, encouraged residents to vote yes on Measure A-24.
 Steve Paige, Morro Bay, presented information regarding the CO2 footprint of the combined BESS and offshore wind projects.
 Chuck Stoll, Morro Bay Lions Club, provided an update on the Club's activities.
 Rachel Wilson, Cayucos, questioned the weather data used to prepare the Offsite Consequence Analysis report.
 Marlys McPherson, Morro Bay, offered information regarding contributions received by the No on Measure A-24 committee.
 Linda Winters, Morro Bay, was inspired by Morro Bay High School teacher, Laura Van Zee, and her efforts to encourage students to preregister to vote.  Aaron Ochs, Morro Bay, urged residents to vote yes on Measure A-24.

3  Janice Peters, Morro Bay, urged residents to vote yes on Measure A-24 and announced By the Sea Productions is presenting The Outsider, with showings Friday and Saturday evenings and Sunday afternoons, October 11 - 27.
 An unnamed person offered comments.
 Betty Winholtz, Morro Bay, announced the El Chorro Regional Dog Park was celebrating its 23rd anniversary on Saturday, October 12, and offered information regarding Measure A-24.
 Nattalia Merzoyan, Morro Bay, spoke in favor of Measure A-24.  Nicole Dorfman, Morro Bay, commented regarding contributions made to the No on Measure A-24 Committee and urged residents to vote yes on Measure A-24.
 Bill Martony, Morro Bay, urged residents to vote yes on A-24.  Jeff Eckles, Morro Bay, encouraged residents to respect differing opinions and would like to hear folks speak more about their own truth, not what the other side has done.
 Judy Setting, Morro Bay, offered comments in favor of Measure A-24.

End of public comment.

7. CONSENT AGENDA
https://youtu.be/VoJ_RhhfwlE?si=quMHvd6UCmH0JWjN&t=4680 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.  Betty Winholtz, Morro Bay, commented on Item 7.c.

End of public comment.

Staff responded to questions raised during public comment.

Motion by Council Member Ford
Seconded by Council Member Landrum
Approve Items 7.a. through 7.c. as submitted.

Ayes (5): Mayor Wixom, Council Member Landrum, Council Member Barton, Council Member Edwards, and Council Member Ford
CARRIED (5 to 0)

4 7.a Approval of Minutes
Approve as submitted.
a. September 24, 2024 - Special Closed Session Meeting

7.b Approval of Proclamations
a. Proclamation declaring October 2024 Dating and Domestic Violence Awareness Month

7.c Adoption of Resolution No. 66-24 Approving Updated Records Retention Schedule
Adopt Resolution No. 66-24 rescinding Resolution No. 57-23, approving the City of Morro Bay Records Retention Schedule, and authorizing subsequent minor updates without further Council action.

8. PUBLIC HEARING ITEMS
None

9. BUSINESS ITEMS
The City Council took a brief recess at 6:56 p.m.; the meeting reconvened at 7:07 p.m.

9.a Vet's Hall Building, Audio, and Visual Upgrade Options https://youtu.be/VoJ_RhhfwlE?si=Da6bhezRTXnzYUwg&t=5804 Public Works Director Kwolek presented the report and, along with Connor Vache from Bill Gaines Audio, responded to Council inquiries.

Mayor Wixom opened public comment for Item 9.a.
https://youtu.be/VoJ_RhhfwlE?si=-UHqyzKiI08o1Zi-&t=8065  Janice Peters, Morro Bay, was opposed to a fixed dais that would restrict use of the stage area and encouraged the City to talk to AGP Video before making decisions.
 Bill Martony, Morro Bay, agreed with Ms. Peters' comments regarding stage use and hoped to keep an operator on site.  Betty Winholtz, Morro Bay, urged the City to focus on A/V repairs and adding an overhead projector, limiting costs to available PEG funding.
 Nattalia Merzoyan, Morro Bay, concurred with comments made by Ms. Winholtz.
 Michelle Leicester-Cadaret, Morro Bay, suggested reaching out to the school regarding rental space availability before making decisions about limiting stage access.

5  Margaret Carman, Morro Bay, agreed with previous speakers and urged the City to limit improvements to replacing the audio system.  Linda Winters, Morro Bay, was supportive of a fixed Council Chamber but not in the Vets Hall. She urged the City to be sensible about the level of improvements.
 Steve Mathieu, AGP Video, provided historical perspective on the audio/video system, offered to be a resource for future discussions on the subject, and was pleased to see this move forward.

End of public comment.

Following discussion, there was consensus more information, including estimated costs for the various alternatives, was needed. No formal action was taken by the City Council.

9.b Adopt Resolution No. 67-24 Awarding Fiscal Year 2024-25 Community Grants
Council Member Ford declared a conflict on this item. (Financial conflict of interest)
https://youtu.be/VoJ_RhhfwlE?si=RvoFP3BwnT3yprmx&t=10957 City Manager Kimball presented the report and turned to Council Member Edwards to comment on the review committee's process and recommendations.

Mayor Wixom opened public comment on Item 9.b.
https://youtu.be/VoJ_RhhfwlE?si=W5FY8eXI3FTNbape&t=11792  Janice Peters, Morro Bay, commented on the funding request submitted for By the Sea Productions.
 Richard Sadowski, Morro Bay, commented on the funding request submitted for the MBEAN project.

End of public comment.

Mayor Wixom invited committee members to comment.
https://youtu.be/VoJ_RhhfwlE?si=eIAd0KZEodh8reSm&t=12181  Michael Erin Woody, Morro Bay, commented on the application review process and recommended funding for programs that would have the most impact and benefit Morro Bay residents.

Following discussion, there was concurrence to reduce funding to the Senior Nutrition Program to $5,000, allocate $3,000 to Sea Otter Savvy, $1,000 to CAPSLO, and adjust amounts for the Maritime Museum, Del

6 Mar Elementary PTA, and By the Sea Productions to $5000, $6,000 and $6,000 respectively.

Motion by Mayor Wixom
Seconded by Council Member Barton

1. Adopt Resolution No. 67-24, awarding Community Grants for Fiscal Year 2024-25, with the changes discussed to amounts awarded for Senior Nutrition Program/Meals That Connect, Community Action Partnership of San Luis Obispo County, Inc. (CAPSLO), Sea Otter Savvy, Morro Bay Maritime Museum and Del Mar Elementary PTA, consistent with the Community Grants Policy; and

2. Authorize the City Manager to enter into agreements with all grantees, reviewing and adjusting insurance requirements on a case-by-case basis, in coordination with California JPIA and City Attorney’s Office, depending on the level of risk associated.

Ayes (4): Mayor Wixom, Council Member Landrum, Council Member Barton, and Council Member Edwards
Recused (1): Council Member Ford
CARRIED (4 to 0)

9.c Market Plaza Request for Qualifications
https://youtu.be/VoJ_RhhfwlE?si=JC0EwZAEtCWm-HlU&t=13178 Community Development Director Singewald presented the report and responded to Council inquiries.

Mayor Wixom sought consensus to go past 9:30 p.m. to complete this item.

Mayor Wixom opened public comment for Item 9.c.
https://youtu.be/VoJ_RhhfwlE?si=CAkR-EiFvCex-Ddf&t=14606  Jeff Heller, Morro Bay, agreed with the importance of getting a larger number of responses and suggested the Council consider separating the parking lot at Market and Pacific Streets for a future parking structure.
 Janice Peters, Morro Bay, commented on the connection between downtown and the Embarcadero and need for a conference center.  Bill Martony, Morro Bay, preferred to restore the Breakers building and suggested the best location for a resort is the former wastewater treatment plant.

7  Natalie Teichmann, Let's Get Tuned, was opposed to hotel development at this location and suggested a non-seasonal health and wellness experience would bring increased revenues to the city.
 Jon Nowaczyk, Let's Get Tuned, commented on the positive economic impact their wellness center has brought to the community.
 Betty Winholtz, Morro Bay, appreciated suggestions to keep things low key and urged Council to think holistically, not in terms of one piece of property.

End of public comment.

The Council provided general direction to refine the RFP and bring back for final review and Council approval.

10. COUNCIL DECLARATION OF FUTURE AGENDA ITEMS
None.

11. ADJOURNMENT
The meeting adjourned at 10:24 p.m.
/s/ Dana Swanson, City Clerk

A PROCLAMATION OF THE CITY COUNCIL

OF THE CITY OF MORRO BAY, CALIFORNIA,

RECOGNIZING NATIONAL APPRENTICESHIP WEEK
AS NOVEMBER 17-23, 2024

CITY COUNCIL
City of Morro Bay, California
WHEREAS, the Workforce Development Board of San Luis Obispo County, Central Coast Construction Trades, the International Brotherhood of Electrical Workers Local 639 & Pipe Trades UA Local 403 have partnered to expand apprenticeship opportunities and head of household jobs in the construction trades in San Luis Obispo County; and WHEREAS, the advancement and well-being of the City of Morro Bay, San Luis Obispo County, State of California and United States of America depends upon the continued development of a skilled and trained workforce in the building & construction trades; and WHEREAS, an ever growing number of job creators and career seekers are discovering the benefits of apprenticeship’s unique learn-while-you-earn model; and WHEREAS, the City of Morro Bay recognizes that robust apprenticeship programs provide tangible value to both job creators and apprentices, with the potential to increase productivity, improve diversity and inclusion, and reduce recruitment and training costs while providing a pathway to prosperous high wage middle class careers for job seekers; and
WHEREAS, National Apprenticeship Week which is celebrating its 10th anniversary of raising awareness of the vital role apprenticeships provide in creating a qualified and highly-skilled workforce in the building & construction trades in the City of Morro Bay, the County of San Luis Obispo and across the nation; and
WHEREAS, in recognition of National Apprenticeship Week, the Workforce Development Board of San Luis Obispo County, the Central Coast Construction Trades, the International Brotherhood of Electrical Workers Local 639 & the Pipe Trades UA Local 403 are hosting an Apprenticeship Forum and Job Fair on Thursday, October 24th from noon to 3:00pm at the IBEW Hall located at 6363 Edna Road in San Luis Obispo.

NOW, THEREFORE BE IT RESOLVED, that the Morro Bay City Council recognize National Apprenticeship Week from November 17-23, 2024 in the City of Morro Bay.

IN WITNESS WHEREOF I have hereunto
set my hand and caused the seal of the City
of Morro Bay to be affixed this 22nd day of
October 2024
______________________________
CARLA WIXOM, Mayor
City of Morro Bay, California

Prepared By: ___DM_______ Dept Review: ________
Acting City Manager Review: _GK__City Attorney Review: LNL____ Staff Report
TO: Honorable Mayor and City Council DATE: October 15, 2024 FROM: Daniel McCrain, Fire Chief
SUBJECT: Approval of Amendment No. 2, extending the License Agreement with PG&E for use of Morro Bay Community Center Parking Lot for Public Safety Power Shutoff events through March 28, 2027

RECOMMENDED ACTION
Authorize the City Manager and Fire Chief to amend the License Agreement with Pacific Gas and Electric (PG&E) for the use of the Morro Bay Community Center parking lot to establish an Outdoor Community Resource Center (CRC) in the event of a Public Safety Power Shut-off (PSPS) events through March 28, 2027.

ALTERNATIVES

1. Direct staff to identify an alternate location suitable to establish the CRC.

2. Take No Action.

FISCAL IMPACT
No identified fiscal impact beyond staff time required to review contract, prepare staff report, and otherwise provide minor administrative services associated with any needed emergency use of the CRC.

BACKGROUND
PG&E has instituted a program designed to mitigate the risks of wildfire when weather forecasts are predicting dry, windy conditions combined with a high fire risk. This program is known as a Public Safety Power Shut-off (PSPS) event. When these PSPS events are identified, PG&E will turn off power distribution to specific areas to prevent electrical distribution equipment from igniting a fire. To lessen the impacts of these events on community members, PG&E created a program to set up Community Resource Centers (CRC) in affected areas. These CRCs provide an area that community members have access to ADA-accessible restrooms and hand washing stations, medical equipment charging stations, device charging, Wi-Fi, access to drinking water and snacks. PG&E has requested renewal of the license agreement for the use of the parking lot of the Morro Bay Community Center located at 1001 Kennedy Way as a pre-designated location to establish a CRC in the event a Power Safety Shutoff Event is initiated affecting Morro Bay. The City entered into this agreement in April 2022 and the agreement was renewed on March 28, 2023, for a 2-year extension.

AGENDA NO: 7.c
MEETING DATE: October 22, 2024

The extension is set to expire on March 28,2025 and PG&E has requested an additional 2-year extension. This would change the expiration date to March 28,2027.

DISCUSSION
Since PSPS events are planned based on forecasted weather, PG&E shall provide at least eight (8) hours notification to the City that a CRC will need to be established. In the event the Community Center is not available for utilization for this purpose, the City must notify PG&E within four (4) hours after receipt of PG&E’s notice. PG&E requests use of the facility for 1-2 days before initiation of the PSPS to set up and 1 day after restoration of electrical service to demobilize, with potential length of use anticipated to be 2 to 7 days. PG&E would supply on site security guards, all required supplies and equipment, and proof of self-insurance. Notification of a PSPS initiating event by PG&E will include:
 Estimated start time of a potential event.
 Forecasted weather duration.
 Estimated time range to full restoration.
 Number of medical baseline customers in the affected area.  Maps that include boundaries of the area subject to de-energization and affected circuits will be posted at www.pge.com/pspsportal
The City of Morro Bay Emergency Management Plan Annex K (Plan) outlines the City’s response to Electrical Power Safety Shut-off events for continuity of operations. Within this Plan, section 4.1 Management Objectives, sub-section (h), states: “If needed due to weather or longevity of power shut-off, ensure that Resource Centers are identified and can be supported”. This license agreement supports that management objective by pre-identifying the location for a CRC, ensuring liability concerns are mitigated, and the process for implementation is outlined.

CONCLUSION
PSPS events have become a frequently utilized method of mitigating fire risk in California. Continued drought and changing weather conditions coupled with development into wildland areas has necessitated additional measures to limit ignition sources in hopes of preventing future catastrophic wildfires as seen in recent history. The establishment of CRCs is a way for PG&E to lessen the impacts of a PSPS event on their customers by providing access to water and restroom facilities and access to generator power to charge medical equipment, and personal devices.

ATTACHMENTS

1. Proposed Amendment No. 2 extending License Agreement to March 2027

2. 2022 License Agreement with PG&E

3. Amendment No. 1 to the 2022 License Agreement

AMENDMENT NO. 2 TO
“LICENSE AGREEMENT (PUBLIC SAFETY POWER SHUTOFF)”
This AMENDMENT NO. 2 TO “LICENSE AGREEMENT (PUBLIC SAFETY POWER SHUTOFF)” (“Amendment No. 2”) is entered into as of March 28, 2025, by and between the CITY OF MORRO BAY, a California Municipal Corporation (“City”) and PACIFIC GAS AND ELECTRIC COMPANY, a California Corporation (PG&E).

RECITALS
WHEREAS, City and PG&E, entered into a “License Agreement (Public Safety Power Shutoff)” as of April 12, 2022 (the “Original Agreement”), to utilize the property located at 1001 Kennedy Way, Morro Bay, CA 93442 as a “Customer Resource Center” in the event of a Public Safety Power Shutoff Event (“PSPS”); and
WHEREAS, on March 28, 2023, City and PG&E agreed to extend the term of the Original Agreement until March 28, 2025 (Amendment No. 1); and
WHEREAS, City and PG&E hereby wish to extend the term of the Original Agreement until March 28, 2027 and update one “Notices” exhibit in the Original Agreement.

NOW THEREFORE, City and Consultant mutually agree to amend the Original Agreement as follows:

1. The term of the Original Agreement, as stated in Section 4 of the Original Agreement, is and as amended by Amendment 1, is hereby extended until March 28, 2027.

2. The effective date of this Amendment No. 2 is March 28, 2025.

3. Except as expressly stated herein, all terms and conditions in the Original Agreement shall remain in full force and effect.
[SIGNATURES ON FOLLOWING PAGE]

IN WITNESS WHEREOF, the parties have caused this Amendment No. 2 to be executed by their duly authorized representatives as of the day stated in Section 3 above.

CITY OF MORRO BAY,
a California Municipal Corporation PACIFIC GAS AND ELECTRIC COMPANY, a California Corporation
By: _____________________________ By: _____________________________ Yvonne Kimball, City Manager Donald Kennedy, Land Acquisition Mgr.

Attest:
_________________________________
Dana Swanson, City Clerk
Approved As To Form:
____________________________
Chris F. Neumeyer, City Attorney

01181.0001/771419.1 1 of 6

LICENSE AGREEMENT
(PUBLIC SAFETY POWER SHUTOFF)
This License Agreement ("License Agreement") is made and entered into this 12 day of April, 2022 (the "Effective Date") by City of Morro Bay a California Municipal Corporation, hereinafter called "LICENSOR," and PACIFIC GAS AND ELECTRIC COMPANY, a California corporation, hereinafter called "PG&E." PG&E and LICENSOR are sometimes R E C I T A L S:

A. LICENSOR owns that certain real property commonly known as Morro Bay Community Center, located at 1001 Kennedy Way, Assessor's Parcel Number 066-280-023, hereinafter called the "Property," located in the City of Morro Bay, County of San Luis Obispo, State of California.

B. PG&E desires to partner with LICENSOR in connection with a Public Safety Power Shutoff Event ("PSPS Event") as defined in Section 3 below, and to that end PG&E is required to secure this License Agreement for access to a portion of the Property.

C. The PARTIES desire to memorialize this mutual understanding and agreement for making the Property available to PG&E in connection with a PSPS Event NOW, THEREFORE, for good and valuable consideration, LICENSOR and PG&E agree as follows:

1. License Area. The portion of the Property that is the subject of this License Agreement is more specifically described in EXHIBIT A (the "License Area").

2. Grant of License. Subject to the terms and conditions set forth in this License Agreement, LICENSOR grants PG&E, PG&E's Representatives, and PG&E's customers, a nontransferrable, right to use the License Area in connection with a PSPS Event, together with rights of ingress and egress to and from the License Area. PG&E shall give LICENSOR at least 8 hours' prior written notice (or if written notice is not reasonably possible at the time, then such notice as may be reasonably issued) of the date and time that PG&E needs to access and use the License Area. If the License Area is not available for access and use by PG&E on the date and time specified in PG&E's notice (e.g., the License Area was previously scheduled or reserved for another use, in which case PG&E may only use the License Area to the extent that such use does not interfere with the previously scheduled or planned use, and provided that LICENSOR's representatives may enter the License Area at any time to inspect PG&E's activities), LICENSOR must so notify PG&E within 4 hours after receipt of PG&E's notice notice is given during regular business hours.

3. Use of License Area. During Use Days (as defined in Section 4 below), PG&E and its employees, contractors, agents, and representatives ("PG&E's Representatives") may enter the License Area at reasonable times for purposes of establishing and operating a customer resource center in the case of a PSPS Event. LICENSOR acknowledges that PG&E's activities may include the following: setting up tents with tables and seating where PG&E customers can

01181.0001/771419.1 2 of 6
obtain water and snacks, charge phones, and get up-to-date information on outages; installing trailers, portable toilets, portable back-up generators, and temporary fencing; parking mobile vehicle units and other vehicles. For purposes of this License Agreement, a "PSPS Event" means the existence of one or more environmental conditions creating extreme fire danger that results in, or necessitates, the shutoff of power for public safety. Examples of PSPS Events include red flag warnings issued by the United States National Weather Service, low humidity levels, high winds, and dry vegetation that poses an imminent or severe threat of power shut-off. (a) Personnel. During Use Days PG&E shall have the exclusive right to use the License Area, up to twenty-four (24) cumulative hours per day immediately before, during and after a PSPS Event; otherwise, the license herein is non-exclusive in nature. Hours for use to PG&E customers shall be from 8:00 am to 10:00 pm. on Use Days, the License Area shall be provide uniformed unarmed security at its cost and expense to ensure the protection of its equipment, the safety of the public and to prevent any damage to the Property.

4. Term. This License Agreement shall be for a term of one (1) year, commencing on April 12, 2022 (the Commencement Date , and expiring April 12, 2023 (the Termination Date . The license granted herein shall be revocable at the option of either LICENSOR or PG&E, provided that the revoking party provides at least one hundred eighty (180) days' written notice of the revocation to the other party, provided that LICENSOR may revoke this License Agreement immediately if PG&E's activities hereunder create a threat to health and safety or damage to the Property, as reasonably determined by LICENSOR, or if PG&E fails to cure a breach of this License Agreement within the time specified in a written notice from LICENSOR to PG&E describing the breach and a time period within which to cure the breach. Notwithstanding the term of this License Agreement, PG&E anticipates that it will use the License Area on an occasional basis, if at all, for periods of two (2) to ten (10) days at a time. The days (including any partial days) during which any of PG&E's activities are occurring in or on the License Area are referred to herein as "Use Days."

5. Use of License Area.
(a) As Is. To LICENSOR'S current actual knowledge, the Property complies with all laws, including the Americans with Disabilities Act and other accessibility laws. PG&E accepts the License Area "AS-IS," "WHERE-IS" and "WITH ALL-FAULTS," subject to all applicable zoning, municipal, county and state laws, ordinances, and regulations governing and regulating the use of the License Area. PG&E may request LICENSOR to perform alterations, repairs, or improvements to the License Area, but PG&E understands and agrees that LICENSOR shall not be obligated to make any such alterations, repairs or improvements at any time.
(b) Restoration. PG&E shall exercise reasonable care in the conduct of PG&E's activities in the License Area. Upon PG&E's ceasing to use the License Area in connection with a particular PSPS Event, PG&E shall remove all vehicles and personal property of PG&E and PG&E's Representatives, remove all debris and waste material resulting from PG&E's activities, and repair and restore the License Area as nearly as possible to the condition

01181.0001/771419.1 3 of 6
that existed prior to PG&E's entry thereto, minus normal wear and tear, within the twenty-four (24) hour period commencing from the start of the PSPS Event. (c) Water Discharge. may require potable water-filled
equipment, such as barrels or water barriers to weigh down tents or other equipment, or to delineate outside areas on the Property. All potable water-filled equipment shall be cleaned prior to use and filled with water from a potable water source only. Any water discharged from the water-filled equipment shall be discharged to onsite unpaved land (i.e., soil) only. PG&E and best management practices are implemented including but not limited to ensuring water is observed for any potential sediments, trash or other contaminants; the discharge area selected is 100 feet from a water body; and the discharge is done to avoid ponding and erosion. If the water needs to be discharged to a storm drain, PG&E will obtain local stormwater agency approval. This License Agreement authorizes the discharge of potable water from water-filled equipment on to the Property as described above. PG&E shall notify LICENSOR if water discharge is necessary.
(d) Safe Condition. PG&E, at PG&E's sole cost and expense, shall maintain the License Area in a good, clean, safe and sanitary condition during Use Days. (e) Lawful Use Only. PG&E shall not use the License Area (or Property)or permit anything to be done in or about the License Area (including Property) during Use Days that will in any way conflict with any law, statute, zoning restriction, ordinance or governmental rule or regulation or requirement relating to the use or occupancy of the License Area. During Use Days, PG&E shall not allow the License Area or Property to be used for any unlawful or objectionable purpose, nor shall PG&E cause, maintain or permit any nuisance in, on or about the License Area or Property.
(f) Mechanic's Liens. PG&E shall keep the Property free and clear of all mechanic's liens arising, or alleged to arise, in connection with any work performed, labor or materials supplied or delivered, or similar activities performed by PG&E or at PG&E's request or for PG&E's benefit. If any mechanic's liens are placed on the Property in connection with PG&E's use or PG&E's activities, PG&E shall diligently pursue all necessary actions to remove such liens from title, either by payment or by recording a lien release bond in the manner specified in California Civil Code Section 8424 or any successor statute.

6. Notices. All notices under this License Agreement shall be sent by email to the addresses set forth in EXHIBIT B. In addition, LICENSOR will provide PG&E with telephone or cellphone numbers of staff in calling order to contact in an emergency as set forth in EXHIBIT B. EXHIBIT B shall be updated as needed to reflect current names and contact information.

7. Indemnity. PG&E shall indemnify, defend and hold harmless LICENSOR and its governing body, officers, agents, and employees from and against all claims, losses, actions, demands, damages, costs, expenses (including, but not limited to, reasonable attorneys' fees and court costs) (collectively, "Claims") which arise from or are connected with PG&E's activities hereunder, or the entry on, occupancy or use of, the Property by PG&E or PG&E's Representatives under this License Agreement, including, but not limited to, Claims arising out

01181.0001/771419.1 4 of 6
of (i) injury to or death of persons, including, but not limited to, employees of LICENSOR or PG&E; (ii) injury to property or other interest of LICENSOR and (iii) violation of any applicable federal, state, or local laws, statutes, regulations, or ordinances by PG&E or PG&E's Representatives. The indemnification obligations of PG&E under this Section 7 shall survive the expiration or earlier termination of this License Agreement.

8. PG&E acknowledges all Claims arising out of or in any way connected with releases or discharges of a Hazardous Substance (defined below) occurring as a result of or in connection with PG&E pursuant to this License Agreement, then any and all costs, expenses and liabilities for environmental investigations, monitoring, containment, abatement, removal, repair, cleanup, restoration, remediation and other response imposed for the violation of any laws relating to the environment or human health, are expressly within the scope of the indemnity set forth above Hazardous Substances
g to the protection of human health
or the environment, including, but not limited to, laws, requirements and regulations pertaining to reporting, licensing, permitting, investigating and remediating emissions, discharges, releases or threatened releases of such substances into the air, surface water, or land, or relating to the manufacture, processing, distribution, use, treatment, storage, disposal, transport or handling of such substances. Insurance. PG&E shall at all times during the Term of this License Agreement self-insure in accordance with
EXHIBIT C. 9. Miscellaneous.
(a) Governing Law. This License Agreement shall in all respects be interpreted, enforced, and governed by and under the laws of the State of California. (b) Attorneys' Fees. Should either party bring an action against the other party, by reason of or alleging the failure of the other party with respect to any or all of its obligations hereunder, whether for declaratory or other relief, and including any appeal thereof, then the party which prevails in such action shall be entitled to its reasonable attorneys' fees and expenses related to such action, in addition to all other recovery or relief. (c) No Waiver. Any waiver with respect to any provision of this License Agreement shall not be effective unless in writing and signed by the party against whom it is asserted. The waiver of any provision of this License Agreement by a party shall not be construed as a waiver of a subsequent breach or failure of the same term or condition or as a waiver of any other provision of this License Agreement. (d) Counterparts. This License Agreement may be executed in identical counterpart copies, each of which shall be an original, but all of which taken together shall constitute one and the same agreement.
(e) Authority. Each party to this License Agreement warrants to the other that it has the right and authority to enter into and to perform its obligations under this License

01181.0001/771419.1 5 of 6
Agreement, without the consent of any third party, and that the person signing below is authorized to bind such party.
(f) Exhibits. Exhibits A, B, and C attached to this License Agreement are a part hereof and incorporated herein by this reference.
(g) Electronic Signatures. This License Agreement may be executed by electronic signatures (e.g., using DocuSign or e-SignLive) or signatures transmitted in portable document format ("pdf"), and copies of this License Agreement executed and delivered by means of electronic or pdf signatures shall have the same force and effect as copies hereof executed and delivered with original manually executed signatures. The parties may rely upon electronic and pdf signatures as if such signatures were manually executed originals and agree that an electronic or pdf signature page may be introduced into evidence in any proceeding arising out of or related to this License Agreement as if it were an original manually executed signature page.
(h) Successors and Assigns. This License Agreement shall be binding upon and inure to the benefit of the heirs, personal representatives, successors, and assigns of each party.
(i) No Assignment or Transfer: PG&E shall not assign any of it rights or obligations under this License Agreement without the written consent of LICENSOR. Any unauthorized transfer or assignment is void.
(j) Entire Agreement. This License Agreement supersedes all previous oral and written agreements between and representations by or on behalf of the parties and constitutes the entire agreement of the parties with respect to the subject matter hereof. This License Agreement may not be amended, except by a written agreement executed by both parties.

IN WITNESS WHEREOF, the parties have executed this License Agreement as of the date set forth below each signature, effective upon the Effective Date first written above. "PG&E"

PACIFIC GAS AND ELECTRIC COMPANY,
a California corporation
By:

Name:

Its:

Date:
"LICENSOR"
City of Morro Bay, a California Municipal
Corporation
By:

Name: __Scott Collins
Its: City Manager and Emergency Service
Director
Date:

01181.0001/771419.1 6 of 6
By: ________________________
Name: __Daniel McCrain_______________
Its: Fire Chief and Deputy Emergency
Service Director______________________
Date: ________________________

01181.0001/771419.1 Exhibit A

EXHIBIT A
Yellow: License Area (1,990 sq ft)
Blue: Parking

01181.0001/771419.1 Exhibit B

EXHIBIT B

NOTICES
TO LICENSOR:

Any notice to Licensor, including the notice to be given pursuant to Section 7 of the License Agreement, shall be sent to __Daniel McCrain__ at the following:

Email address: [email protected]_ Phone Number: __805-772-6242__ In addition, in the event of an emergency, PG&E shall contact the following persons in the order set forth below:
______Daniel McCrain______ Phone (work): _____805-772-6242_____ Phone (cell): ______805-635-5216______
_______Scott Collins_______ Phone (work): _____805-772-6206_____ Phone (cell): _____805-440-2546______
Email: [email protected]_____
Weekends and After Hours: _____805-440-4544_______
TO PG&E:

Any notice to PG&E, including the notice pursuant to Section 7 of the License Agreement shall be sent to ___Samantha Tan____ at the following email address:
[email protected]_____ [email protected].

01181.0001/771419.1 Exhibit C

EXHIBIT C

01181.0006/867701.1 Page 1 of 3
AMENDMENT NO. 1 TO
“LICENSE AGREEMENT (PUBLIC SAFETY POWER SHUTOFF)”
This AMENDMENT NO. 1 TO “LICENSE AGREEMENT (PUBLIC SAFETY POWER SHUTOFF)” (“Amendment No. 1”) is entered into as of March 28, 2023, by and between the CITY OF MORRO BAY, a California Municipal Corporation (“City”) and PACIFIC GAS AND ELECTRIC COMPANY, a California Corporation (PG&E).

RECITALS
WHEREAS, City and PG&E, entered into a “License Agreement (Public Safety Power Shutoff)” as of April 12, 2022 (the “Original Agreement”), to utilize the property located at 1001 Kennedy Way, Morro Bay, CA 93442 as a “Customer Resource Center” in the event of a Public Safety Power Shutoff Event (“PSPS”); and
WHEREAS, City and PG&E hereby wish to extend the term of the Original Agreement until March 28, 2025 and update one “Notices” exhibit in the Original Agreement.

NOW THEREFORE, City and Consultant mutually agree to amend the Original Agreement as follows:

1. The term of the Original Agreement, as stated in Section 4 of the Original Agreement, is hereby extended until March 28, 2025.

2. Exhibit B (Notices) to the Original Agreement is hereby replaced with a new Exhibit B, as shown in Attachment 1 to this Amendment No. 1.

3. The effective date of this Amendment No. 1 is March 28, 2023.

4. Except as expressly stated herein, all terms and conditions in the Original Agreement shall remain in full force and effect.
[SIGNATURES ON FOLLOWING PAGE]

01181.0006/867701.1 Page 2 of 3
IN WITNESS WHEREOF, the parties have caused this Amendment No. 1 to be executed by their duly authorized representatives as of the day stated in Section 3 above.

CITY OF MORRO BAY,
a California Municipal Corporation

PACIFIC GAS AND ELECTRIC
COMPANY, a California Corporation
By: _____________________________ By: _____________________________ Greg Carpenter, Interim City Manager Donald Kennedy, Land Acquisition Mgr.

Attest: _________________________________ Dana Swanson, City Clerk Approved As To Form: ____________________________ Chris F. Neumeyer, City Attorney

01181.0006/867701.1 Page 3 of 3
ATTACHMENT 1
(REPLACEMENT EXHIBIT B IN ORIGINAL AGREEMENT)

EXHIBIT B

NOTICES
TO LICENSOR:

Any notice to Licensor, including the notice to be given pursuant to Section 6 of the License Agreement, shall be sent to Daniel McCrain at the following:

Email address: [email protected] Phone Number: __805-772-6242__ In addition, in the event of an emergency, PG&E shall contact the following persons in the order set forth below:
______Daniel McCrain______ Phone (work): _____805-772-6242_____ Phone (cell): ______805-635-5216______
______Matt Vierra_________ Phone (work): _____805-772-6242_____ Phone (cell): _____805-712-1941______
Email: [email protected]_____
Weekends and After Hours: _____805-635-5216_______
TO PG&E:

Any notice to PG&E, including the notice pursuant to Section 7 of the License Agreement shall be sent to Jessica Melton at the following email address:
[email protected] and [email protected], cc’ing [email protected].

Prepared By: JB Dept Review: GK
Acting City Manager Review: GK City Attorney Review: LNL Staff Report
TO: Honorable Mayor and City Council DATE: October 9, 2024 FROM: Greg Kwolek, Public Works Director
Janeen Burlingame, Management Analyst
SUBJECT: Adoption of Resolution No. 68-24 Approving Amendment No. 6 to the Morro Bay Transit and Trolley Operations and Management Agreement with MV Transportation, Inc.

RECOMMENDED ACTION
Adopt Resolution No. 68-24 approving Amendment No. 6 to the Morro Bay Transit and Trolley Operations and Management Agreement with MV Transportation, Inc., (MV).

FISCAL IMPACT
The proposed amendment will increase the vehicle service hour fee by $6.44 to $51.82 per hour and the monthly management fee for Transit services will increase by $1,756.90, to $8,241.07 per month due to increases in driver, manager and other non-driver support staff wages/benefits and overhead expenses that will occur January 1, 2025. The total estimated increase in cost for the Transit Fund is $17,242 for the five-month extension period. The vehicle service hour and monthly management fee increases would be paid for with FY24/25 Transportation Development Act (TDA) funds received from the State for transit operations.

DISCUSSION
The City currently contracts with MV Transportation Inc. (MV) to provide year-round deviated fixed route transit and seasonal trolley services for the City through December 31, 2024. At the City Council’s September 10, 2024, meeting, the Council authorized staff to take steps to consolidate Morro Bay Transit into the San Luis Obispo Regional Transit Authority (RTA). City staff and the RTA are developing an agreement to achieve consolidation, with the goal for RTA to begin administration, operations, and maintenance of MBT on June 1, 2025. As such, to continue providing service for the deviated fixed route until RTA begins operations, the current agreement MV must be extended through May 31, 2025.

CONCLUSION
Staff recommends the City Council adopt Resolution No. 68-24 approving Amendment No. 6 to the Agreement with MV.

ATTACHMENT

1. Resolution No. 68-24 with Amendment 6 to the Morro Bay Transit and Trolley Operations and Management Agreement
AGENDA NO: 7.d
MEETING DATE: October 22, 2024

RESOLUTION NO. 68-24

RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF MORRO BAY, CALIFORNIA

APPROVING SIXTH AMENDMENT TO MORRO BAY TRANSIT AND TROLLEY OPERATIONS AND MANAGEMENT AGREEMENT WITH MV TRANSPORTATION, INC.

T H E C I T Y C O U N C I L
City of Morro Bay, California
WHEREAS, effective January 1, 2015, the City of Morro Bay (City) and MV Transportation Inc. (MV) entered into an agreement for MV to provide year-round deviated fixed route and seasonal trolley services for City (the “Agreement”); and WHEREAS, pursuant to Section 2.2 of the Agreement, the term was extended one-year through December 31, 2020 (Amendment No. 1); and
WHEREAS, City and MV amended the Agreement for four additional one-year periods through December 31, 2024 while responding to the Coronavirus (COVID-19) global pandemic (Amendment 2, Amendment 3, Amendment 4, and Amendment 5); and WHEREAS, the Agreement and Amendments No. 1, No. 2, No. 3, No. 4, and No. 5 are hereinafter referred to as the “Amended Agreement;” and WHEREAS, at the City Council’s September 10, 2024 meeting, the Council authorized staff to take steps to consolidate Morro Bay Transit (MBT) into the San Luis Obispo Regional Transit Authority (RTA); and
WHEREAS, City staff and the RTA are developing an agreement to achieve consolidation, with the goal for RTA to begin administration, operations, and maintenance of MBT on June 1, 2025; and
WHEREAS, the current Amended Agreement with MV expires December 31, 2024; and WHEREAS, City desires to extend the Amended Agreement for five-months until the RTA begins operating MBT.

NOW THEREFORE BE IT RESOLVED, by the City Council of the City of Morro Bay approval of the Sixth Amendment to the Amended Agreement, attached hereto.

PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof held on the 22nd day of October 2024 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

RECUSE:
_________________________
CARLA WIXOM, Mayor
ATTEST:
__________________________
DANA SWANSON, City Clerk

CITY OF MORRO BAY
AMENDMENT NO. 6 TO THE AGREEMENT FOR

MORRO BAY TRANSIT AND TROLLEY

OPERATIONS AND MANAGEMENT
This Amendment No. 6 is entered into on the 22nd day of October 2024, by and between the City of Morro Bay, a municipal corporation (“City”) and MV Transportation Inc., a California corporation (“Contractor”).

RECITALS
A. City and Contractor entered into an agreement as of January 1, 2015 for Contractor to provide year-round deviated fixed route and seasonal trolley services for City (the “Agreement”).

B. Pursuant to Section 2.2 of the Agreement, the term was extended one-year through December 31, 2020 (Amendment No. 1).

C. City and Contractor amended the Agreement for four additional one-year periods through December 31, 2024 while responding to the Coronavirus (COVID-19) global pandemic (Amendment 2, Amendment 3, Amendment 4, and Amendment 5).

D. The Agreement and Amendments Nos. 1, No. 2, No. 3, No. 4 and No. 5 are hereinafter referred to as the “Amended Agreement.”
E. At the City Council’s September 10, 2024 meeting, the Council authorized consolidation of Morro Bay Transit (MBT) into the San Luis Obispo Regional Transit Authority (RTA).

F. The RTA is scheduled to begin administration, operations, and maintenance of Morro Bay Transit on June 1, 2025.

G. The current Amended Agreement with MV expires December 31, 2024.

H. City desires to extend the Amended Agreement for five months until the RTA begins operating MBT.

NOW, THEREFORE, City and Contractor mutually agree to amend the Amended Agreement as follows:

1. The term of the Amended Agreement is extended by five months, effective January 1, 2025 through May 31, 2025.

2. The Vehicle Service Hour compensation rate applicable for January 1, 2025 through May 31, 2025 shall be established at $51.82 per vehicle service hour.

3. The Transit service Monthly Management Fee applicable for January 1, 2025 through May 31, 2025 shall be established at $8,241.07 per month for the deviated fixed route.

4. Except as expressly set forth in this Amendment, the terms and conditions in the Amended Agreement shall remain in full force and effect.

IN WITNESS WHEREOF, the parties hereto have caused this Amendment No. 6 to be executed by their duly authorized representatives as of the Effective Date.

CITY OF MORRO BAY MV TRANSPORTATION, INC.

By: ______________________________ By:____________________________ Carla Wixom, Mayor Kevin Klika, President and COO
Attest: By:
__________________________________ _______________________________ Dana Swanson, City Clerk Jamie Pierson, Executive VP and CFO

Prepared By: ___EC_______ Dept Review: EC
Acting City Manager Review: _GK___ City Attorney Review: ____ Staff Report
TO: Honorable Mayor and Councilmembers DATE: October 15, 2024 FROM: Emily Conrad, Finance Director
SUBJECT: Fourth Quarter Investment Report (period ending June 30, 2024) for Fiscal Year (FY) 2023-24

RECOMMENDED ACTION
Receive the attached Fourth Quarter Investment Report (period ending June 30, 2024) for FY 2023-24.

FISCAL IMPACT
There is no fiscal impact associated with this recommendation.

DISCUSSION
The Fourth Quarter Investment Report for FY 2023-24, attached, demonstrates that as of June 30, 2024, the City’s weighted portfolio yield of 4.270% for the quarter was slightly below the Local Agency Investment Fund (LAIF) yield of 4.550% for that quarter. Interest rates continued to increase over the prior quarter and prior fiscal year.

The City’s investments earned a record high of $2,941,881 in interest for the fiscal year, compared to $1,331,728 in FY 2022-23. Increased interest earnings are a result of higher interest rates in the market, higher cash balances for the City due to the ability to rebuild reserves, and staff efforts to pursue improved investment options consistent with Council’s Investment Policy and State law.

This quarter, interest rates with Mechanics Bank for increased to 4.7% and that rate is applied to the approximately $21 million held in the City’s money market account. Interest rates with LAIF increased to 4.55% for the nearly $38 million the City has invested there. Over the course of the year, staff replaced eight matured certificates of deposit, two U.S. Obligations, and one U.S.

Treasury Note with interest rates ranging from 4.10% to 5.5%. LAIF interest rates have continued the upward trend over the course of the year, helping boost the City’s earnings in that large portfolio that provides safety and liquidity through the State Treasurer’s Office. These efforts, on top of actions earlier in the fiscal year to procure other high-yield certificates of deposit, as well as larger U.S. Treasury Notes and a Federal Home Loan Bank (FHLB) investment, have yielded significant returns for the City.

As reported in previous investment reports, many small cities utilize investment advisors with extensive expertise in municipal investments to ensure ongoing maximization of interest revenues within the confines of State law and local investment policies. That is an option staff began to evaluate over one year ago, and now that vacant administrative and management positions have been filled, staff will soon return to that objective and evaluate whether investment advisors AGENDA NO: 7.e
MEETING DATE: October 22, 2024

services would be financially beneficial to the City and increase interest earnings to a greater degree for a limited cost.

CONCLUSION
Staff recommends that the City Council receive the Fourth Quarter Investment Report (period ending June 30, 2024) for Fiscal Year 2023-24.

ATTACHMENT

1. Fourth Quarter Investment Report for FY 2023-24 (period ending June 30, 2024)

LIQUID INSTRUMENTS

INVESTMENT

OR CUSIP PURCHASE MARKET INTEREST PURCHASE MATURITY DAYS TO

NUMBER INSTITUTION PRICE VALUE RATE DATE DATE MATURITY
POOLED MONEY INVESTMENT ACCOUNT:

LAIF $ 37,964,781 $ 37,964,781 4.55% DAILY DAILY 1
MONEY MARKET ACCOUNT:

MM 21,147,465 21,147,465 4.70% DAILY DAILY 1
SWEEP 4,248,481 4,248,481 0.01% DAILY DAILY 1
25,395,945 25,395,945
SUBTOTAL LIQUID INSTRUMENTS: 63,360,726 63,360,726

NON-LIQUID INSTRUMENTS

INVESTMENT

OR CUSIP PURCHASE MARKET INTEREST PURCHASE MATURITY DAYS TO

NUMBER INSTITUTION PRICE VALUE RATE DATE DATE MATURITY

CERTIFICATES OF DEPOSIT
856285G21 ZIONS BANK - State Bank of India NY 250,000 230,976 1.75% 2/9/2022 2/9/2027 954 02589ABQ4 ZIONS BANK - American Express Natl 247,000 229,137 2.00% 3/9/2022 3/9/2027 982 14042TFJ1 ZIONS BANK - Capital One 246,000 232,077 2.70% 4/6/2022 4/13/2027 1,017 795451BQ5 ZIONS BANK - Sallie Mae 245,000 240,646 3.40% 7/6/2022 7/7/2025 372 052392BM8 ZIONS BANK - Austin Telco Fed. Cred. Union Tex 249,000 248,419 3.40% 8/12/2022 8/12/2024 43 20825WAZ3 ZIONS BANK - Connexus Cred. Union 249,000 244,221 3.40% 8/15/2022 8/15/2025 411 254673Q33 ZIONS BANK - Discover Bank Greenwood 245,000 237,460 3.35% 8/16/2022 8/17/2026 778 27002YFE1 ZIONS BANK - Eaglebank - Bethesda 249,000 243,902 3.30% 8/18/2022 8/18/2025 414 53052LAT6 ZIONS BANK - Liberty FCU Evansville 248,000 247,550 5.00% 5/24/2023 5/27/2025 331 33715LFH8 ZIONS BANK - First Technology FCU 248,000 247,632 5.05% 5/26/2023 5/27/2025 331 90352RDA0 ZIONS BANK - US Alliance FCU Rye NY 249,000 248,073 4.70% 5/26/2023 5/26/2026 695 39573LEC8 ZIONS BANK - Greenstate Credit Unions 248,000 248,004 4.90% 5/31/2023 6/1/2026 701 25844MBN7 ZIONS BANK- Dort Finl Cr Un Grand Blanc 246,000 246,713 5.00% 8/28/2023 2/26/2027 971 130162AX8 ZIONS BANK- California Cr Un Glendale 243,000 244,313 5.15% 8/28/2023 8/28/2026 789 444425AC6 ZIONS BANK- Hughes Fed Cr Un Tuscon Az 248,000 249,398 5.15% 8/29/2023 8/31/2026 792 41138NAB4 ZIONS BANK- Hapo Comnty Cr Un Richland 248,000 248,699 5.00% 8/31/2023 2/26/2027 971 05580A4P6 ZIONS BANK- BMW Bk North Amer Utah 244,000 246,759 4.90% 11/17/2023 11/17/2028 1,601 30960QAV9 ZIONS BANK- Farmers Insurance Group 249,000 247,450 4.60% 1/26/2024 1/26/2026 575 065427BG0 ZIONS BANK- Bank Utah Ogden Utah 244,000 239,391 4.10% 1/26/2024 1/26/2027 940 19058RAE1 ZIONS BANK- Coastal1 Cr Un Pawtucket RI 249,000 244,134 4.15% 1/31/2024 1/31/2028 1,310 4,944,000 4,864,954

CITY OF MORRO BAY

QUARTERLY PORTFOLIO PERFORMANCE
6/30/2024

LOCAL AGENCY INVESTMENT FUND

MECHANICS BANK - MONEY MARKET

MECHANICS BANK - SWEEP

CITY OF MORRO BAY

QUARTERLY PORTFOLIO PERFORMANCE
6/30/2024
U.S. OBLIGATIONS
3133EP3B9 ZIONS BANK - Federal Farm Cr Bks 1,989,780 1,980,104 4.125% 2/29/2024 2/13/2029 1,689 3133EP5S0 ZIONS BANK- Federal Farm Cr Bks 2,988,009 2,978,613 4.250% 3/21/2024 3/20/2028 1,359 4,977,789 4,958,717
U.S. TREASURY NOTES & BONDS
91282CFQ9 US Treasury Notes 996,718 996,563 4.375% 10/31/2022 10/31/2024 123 91282CKA8 ZIONS BANK- US Treasury Note 1,984,850 1,977,344 4.125% 2/29/2024 2/15/2027 960 2,981,568 2,973,906
SUBTOTAL NON-LIQUID INSTRUMENTS: 12,903,357 12,797,577
TOTAL LIQUID AND NON-LIQUID INVESTMENTS: $ 76,264,083 $ 76,158,303 6/30/2023 6/30/2024
1,331,728 2,941,881 83.081% 4.270% 173
6/30/2023 9/30/2023 12/31/2023 3/31/2024 6/30/2024
Portfolio - weighted average rate of earnings 3.367% 3.521% 3.724% 4.074% 4.270% LAIF - quarterly earnings rate 3.150% 3.590% 4.000% 4.300% 4.550% Portfolio over (under) LAIF 0.217% -0.069% -0.276% -0.226% -0.280% PARS OPEB Public Agency Retirement Services 2,504,897 1.50% DAILY DAILY 1 PARS Pension
Trust Public Agency Retirement Services 2,500,040 1.43% DAILY DAILY 1 5,004,937

83.081%

YTD RECORDED

INTEREST AS
OF

WEIGHTED

AVERAGE

DAYS TO

MATURITY

WEIGHTED

AVERAGE RATE

OF EARNINGS
% OF LIQUID

PORTFOLIO

HOLDINGS
YTD

RECORDED

INTEREST AS
OF
of the portfolio held in liquid instruments, allowing the City to meet cash flow needs for at least six months, in compliance with the investment policy approved by the City Council in June 2024. The investment policy will be updated annually as required by state law.

Portfolio holdings as of the quarter ended June 30, 2024, are in compliance with the current Investment Policy. With

QUARTERLY PERFORMANCE COMPARISON - PORTFOLIO VS LAIF

PUBLIC AGENCY RETIREMENT SERVICES (PARS) - LEAGALLY RESTRICTED INVESTMENTS EXCLUDED FROM WEIGHTED PORTFOLIO

CITY OF MORRO BAY

QUARTERLY PORTFOLIO PERFORMANCE
6/30/2024

MATURED INSTRUMENTS PURCHASE MARKET INTEREST PURCHASE MATURITY DAYS TO

CERTIFICATES OF DEPOSIT PRICE VALUE RATE DATE DATE MATURITY U.S. OBLIGATIONS
U.S. TREASURY BILLS

TOTAL MATURED VALUE - -

NEW INSTRUMENTS PURCHASE MARKET INTEREST PURCHASE MATURITY DAYS TO

CERTIFICATES OF DEPOSIT PRICE VALUE RATE DATE DATE MATURITY U.S. OBLIGATIONS
U.S. TREASURY NOTES & BONDS

TOTAL NEW INSTRUMENTS - -

CHANGES FROM PRIOR QUARTERLY REPORT

Council Report
AGENDA NO: 9.a
MEETING DATE: October 22, 2024
Prepared By: ___DS__ Mayor Review: __CW
Acting City Manager Review: ___GK_____ City Attorney Review: _LNL_ TO: City Council DATE: October 15, 2024

FROM: Carla Wixom, Mayor
Prepared By: Dana Swanson, City Clerk
SUBJECT: Consideration of Amending the Advisory Board Handbook & By-Laws to Reduce the Public Works Advisory Board and Harbor Advisory Board Membership to Five Members

RECOMMENDED ACTION
Discuss and consider the adoption of Resolution No. 69-24 amending the Advisory Board By-Laws regarding Appointment and Qualifications of Members for the Harbor Advisory Board and Public Works Advisory Board.

ALTERNATIVES
The City Council may choose not to adopt the proposed resolution and direct staff accordingly.

FISCAL IMPACT
There is no fiscal impact associated with the requested action.

BACKGROUND
Harbor Advisory Board
In 1987, the City Council reorganized the Harbor Commission into a Harbor Advisory Board (HAB), consisting of seven members, four of which must be qualified electors of the City of Morro Bay, with an attempt to select one member from each of the following categories:
 Morro Bay Commercial Fishermen’s Association (MBCFO),  Waterfront Leaseholders,
 Marine-Oriented Business,
 Recreational Boating,
 Representative of South Bay/Los Osos; and
 Two (2) members at large.

The Harbor Advisory Board is established to review, advise, and make recommendations to the City Council on items pertaining to the Harbor, including:

A. Use, control, promotion and operation of vessels and watercraft within the harbor, docks, piers, slips, utilities and publicly owned facilities as part of the City’s Harbor, and water

2 commerce, navigation, or fishery in the Harbor;
B. Review and recommend rules and regulations pertaining to any of the matters listed in subsection A of this section;
C. Review and recommend rates, tolls, fees, rents, charges or other payments to be made for use or operation of the Harbor;
D. Review and comment on various issues and initiatives on the Harbor and adjacent areas affecting the Harbor as deemed appropriate by the City Council or staff; E. Make reports and recommendations to the various city boards, commissions or the City Council on matters relating to activities within the Harbor. When requested to do so, the Board will review items referred by other city boards, commissions, the City Council or staff. Resulting reports and recommendations will be included in presentations before the City Council; and
F. Provide a channel of communication from the individuals, businesses, and groups who live, have businesses or use and recreate on the Harbor to the City Council.

Public Works Advisory Board
The Public Works Advisory Board (“PWAB”) was established as a 7-member Board in March 1995 to advise the City Council concerning policy decisions relating to the Water, Wastewater, Streets, Recycling and Solid Waste, Cable Television and Telecommunications, Trees, Transportation and other issues related to the scope of responsibilities of the Public Works Department.

Appointed members were required to be qualified voters of the City of Morro Bay, representing a cross-section of both lay and professional knowledge. The PWAB’s scope has been modified slightly over the years and the Board currently reviews and makes recommendations to the City Council on items pertaining to:
 Water, Wastewater, and Stormwater
 Public parks, Streets, and City-owned trees;
 Recycling and Solid Waste;
 Telecommunications;
 Traffic, Parking, Transportation, and Transit; and
 Other issues related to City-owned assets.

Additionally, staff will periodically present to PWAB progress of the capital improvement plan and projects as well as annual maintenance program.

In May 2000, the City Council adopted Resolution No. 29-00 reducing PWAB from a 7-member to a 5-member board and in 2013, the Council adopted Resolution 13-13, amending the Advisory Board Handbook and By-Laws to, among other things, restore PWAB to a 7-member board.

The City’s remaining advisory bodies (Planning Commission, Citizens Oversight/Finance Advisory Committee (CFAC) and Recreation & Parks Commission (RPC)) have five members each. The CFAC and RPC were 7-member advisory bodies at one time but have since been reduced to 5-member bodies.

3 The current membership and terms for the PWAB and HAB is as follows:

PUBLIC WORKS ADVISORY BOARD
Appointed Expires
Ian Gaffney 02-01-21 01-31-25
John Erwin 02-01-21 01-31-25
Laurie Beale 05-11-21 01-31-25
Jan Goldman 05-24-22 01-31-25
Robert Nava 02-01-23 01-31-27
Doug Hill 02-01-24 01-31-28
Derek Dahlgren 02-01-24 01-31-28

HARBOR ADVISORY BOARD
Appointed Expires
Christopher Vaile 02-01-21 01-31-25 Member-at-Large
Mary Witkowski 05-11-21 01-31-25 Marine-oriented Business Jeremiah O’Brien 02-01-21 01-31-25 MBCFO*
Lori French 05-11-21 01-31-25 MBCFO Alternate
Sean Green 02-01-22 01-31-26 Member-at-Large
Gene Doughty 02-01-22 01-31-26 South Bay/Los Osos
Cherise Hansson 02-01-23 01-31-27 Waterfront Leaseholder Cal Myers 02-01-23 01-31-27 Recreational Boating

DISCUSSION
Each year the City prepares a list of appointments and conducts a recruitment to fill upcoming vacancies for terms that will expire on January 31st of the upcoming year. The list of appointments and their respective terms for all of the City’s advisory bodies is provided as Attachment 2. The notice of vacancies is typically published in November of each year and interviews are conducted by the City Council in early to mid-January.

Maintaining full membership on the advisory bodies has been challenging in recent years, resulting in additional staff time to conduct additional recruitments and onboarding procedures outside of the annual recruitment process. Should the Council revise the membership on either or both of these boards to five, then staff recommends that decision be made prior to the annual recruitment to fill scheduled vacancies.

If there is Council concurrence to reduce the number of PWAB members, then staff would conduct an annual recruitment to fill two upcoming vacancies instead of four.

If there is interest in reducing the number of HAB members then, based on the current Board make-up, staff recommends moving toward the following representation, with four members required to be registered voters in the City.
 Marine-Oriented Business
 MBCFO (one member and one alternate)
 Waterfront Leaseholder

4  Recreational Boating
 Member-at-Large
This gradual reduction from seven members to five would occur as terms for the Member-at-Large seat ending Jan 31, 2025, and South Bay/Los Osos seat ending Jan 31, 2026 are not filled.

Recruitments to fill the remaining seats would be conducted as follows, resulting in a 6-member Board for 2025 and a 5-member Board beginning 2026 and thereafter. 2025 – (1) MBCFO representative/alternate & (1) Marine-Oriented Business 2026 – (1) Member-at-large
2027 – (1) Waterfront Leaseholder & (1) Recreational Boating representative

CONCLUSION
Staff recommends the City Council discuss and consider adoption of Resolution No. 69-24 amending the Advisory Bodies Handbook and By-Laws regarding Appointment and Qualifications of Members for the Harbor Advisory Board and Public Works Advisory Board.

LINKS & ATTACHMENTS

1. Link to Advisory Bodies Handbook and By-Laws

2. Local Appointment List (Maddy Act)

3. Resolution No. 69-24

LOCAL APPOINTMENT LIST

NOTICE OF CURRENT AND UPCOMING

ADVISORY BOARD VACANCIES
Pursuant to Government Code Section 54972, a Local Appointments List shall be prepared including regular and ongoing commissions whose members serve at the pleasure of the City of Morro Bay City Council. Following is an open list of local appointive offices containing the incumbent appointees; dates of appointment; dates term expirations and the terms which will expire during the next calendar year along with qualifications for each position.

CITIZEN OVERSIGHT/CITIZENS FINANCE COMMITTEE
Appointed Expires
Michael Erin Woody 02-01-22 01-31-26
Jean Johnson 02-01-23 01-31-27
Stephen Peck 02-01-23 01-31-27
Brian Dorfman 05-09-23 01-31-26
Sarah Love 09-10-24 01-31-26

HARBOR ADVISORY BOARD
Appointed Expires
Christopher Vaile 02-01-21 01-31-25 Member-at-Large
Mary Witkowski 05-11-21 01-31-25 Marine-oriented Business Jeremiah O’Brien 02-01-21 01-31-25 MBCFO
Lori French 05-11-21 01-31-25 Alternate Member to MBCFO Sean Green 02-01-22 01-31-26 Member-at-Large
Gene Doughty 02-01-22 01-31-26 South Bay/Los Osos
Cherise Hansson 02-01-23 01-31-27 Waterfront Leaseholder Cal Myers 02-01-23 01-31-27 Recreational Boating
*Morro Bay Commercial Fishermen’s Organization – MBCFO

PLANNING COMMISSION
Appointed Expires
William (Bill) Roschen 02-01-21 01-31-25
Mike Rodriguez 05-11-21 01-31-25
Eric Meyer 02-01-23 01-31-27
Asia King 02-01-23 01-31-27
Joseph Ingraffia 02-01-24 01-31-28

PUBLIC WORKS ADVISORY BOARD
Appointed Expires
Ian Gaffney 02-01-21 01-31-25
John Erwin 02-01-21 01-31-25
Laurie Beale 05-11-21 01-31-25
Jan Goldman 05-24-22 01-31-25
Robert Nava 02-01-23 01-31-27
Doug Hill 02-01-24 01-31-28
Derek Dahlgren 02-01-24 01-31-28

RECREATION AND PARKS COMMISSION
Appointed Expires
Betty Winholtz 02-01-24 01-31-25
Drew Sidaris 02-01-21 01-31-25
June Swall 02-01-23 01-31-26
James Costanzo 07-23-24 01-31-26
Megan Fazio 02-01-24 01-31-28

COUNTY AND REGIONAL BOARDS

SLOCOG CITIZENS TRANSPORTATION ADVISORY COMMITTEE (CTAC) Appointed Expires
Christopher DeMoville 09-10-24 10-31-28

VISIT SLO COUNTY (VSLOC) BOARD OF DIRECTORS
Appointed Expires
Hemant Patel 02-01-23 06-20-26 MB Lodging Representative Updated: September 11, 2024
For more information contact the City Clerk’s office at (805) 772-6568

QUALIFICATIONS

CITIZENS OVERSIGHT & CITIZENS FINANCE ADVISORY COMMITTEE The Citizens Oversight Committee shall have five (5) citizen-members appointed by the City Council for four-year terms. Appointees must be residents and registered voters of the City.

The Citizens’ Oversight Committee shall meet at least once per year as required by ordinance to semi-annually review revenues and expenditures from the tax proceeds collected as a result of Measure Q/E and present its findings and conclusions to the City Council. When the Committee is acting in the capacity of a Citizens’ Finance Advisory Committee, its purpose is to provide citizen input to the City Council regarding specified financial policy issues such as City budgets or other items designated by the Council. In addition, the Committee’s role is to help promote citizens participation with, and understanding of, governmental financial information and processes.

HARBOR ADVISORY BOARD
The Harbor Advisory Board consists of seven (7) members, four of which must be a resident and registered voter of the City. The City Council will attempt to select members from the following:

Morro Bay Commercial Fishermen’s Organization*
Waterfront Leaseholders
Marine-oriented Business
Recreational Boating
Representative of South Bay/Los Osos
Two (2) Members-At-Large
 The City Council may appoint up to two (2) alternate MBCFO members to stand in for the Primary member in the event of Primary member’s absence.

The Harbor Advisory Board is charged to review, advise and recommend to the City Council on items pertaining to the City’s harbor. These include, but are not limited to use, control, promotion and operation of vessels and watercraft within the harbor; docks, piers, slips, utilities and publicly-owned facilities as part of the City’s harbor; and water commerce navigation, or fishery in the harbor.

PLANNING COMMISSION
The Planning Commission is established under the provision of Government Code Section 65100 et seq. It is the only City Board with legal status and decision-making authority. The Planning Commission consists of five (5) members, who must be residents and registered voters of the City. They are responsible for developing a General Plan and recommending its adoption; developing specific plans as necessary to implement the general plan; and other functions as Council may direct.

PUBLIC WORKS ADVISORY BOARD
The Public Works Advisory Board consists of seven (7) members, who must be residents and registered voters of the City. The purpose of the Public Works Advisory Board is to advise the City Council on matters pertaining to: Water, Wastewater, and Stormwater; Public parks, Streets, and City-owned trees; Recycling and Solid Waste; Telecommunications; Traffic, Parking, Transportation and Transit; and other issues related to City-owned assets.

RECREATION & PARKS COMMISSION
The Recreation & Parks Commission consists of five (5) members, four of which must be a resident and registered voter of the City. Two (2) of the members shall represent special groups: one shall represent a youthserving organization, and one member shall represent a senior adult service organization. The Commission advises the City Council on matters pertaining to parks and public recreation operations, planning and programming. High school and college students are encouraged to apply for a potential youth representative on this Commission.

COUNTY AND REGIONAL BOARDS

CITIZENS TRANSPORTATION ADVISORY COMMITTEE
The City of Morro Bay appoints one (1) member to the Citizens Transportation Advisory Committee (CTAC), a countywide advisory board that provides citizen review and recommendations on agenda items to staff and the San Luis Obispo Council of Governments (SLOCOG) Board. Membership includes: Three (3) area At-Large SLOCOG appointees; one (1) appointee from each city (7 total); and one (1) appointee from each supervisorial district (5 total).

VISIT SLO COUNTY (VSLOC) BOARD OF DIRECTORS
The City of Morro Bay appoints one (1) representative from a Morro Bay lodging establishment to serve as a VSLOC Board of Directors, a nonprofit corporation, which serves as the Owner’s Association for the San Luis Obispo County Tourism Marketing District (SLOCTMD).

RESOLUTION NO. 69-24

RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF MORRO BAY, CALIFORNIA

AMENDING THE CITY OF MORRO BAY ADVISORY BOARDS

HANDBOOK AND BY-LAWS REGARDING APPOINTMENT AND QUALIFICATIONS OF

MEMBERS FOR THE HARBOR ADVISORY BOARD AND PUBLIC WORKS ADVISORY BOARD

THE CITY COUNCIL

CITY OF MORRO BAY, CAILFORNIA

WHEREAS, to ensure all Advisory Board Members are familiar with and understand the City of Morro Bay’s philosophies and policies regarding serving on an Advisory Board, and to establish consistency throughout the by-laws for all commissions and advisory boards, the City of Morro Bay adopted the Advisory Boards Handbook and By-Laws on August 12, 2002; and WHEREAS, the Advisory Boards Handbook and By-Laws for the City of Morro Bay is a composite of the City Council actions, policies, references, and information regarding the City Advisory Boards; and
WHEREAS, the current By-Laws for each Advisory Body establish the number of voting members and qualifications; and
WHEREAS, the City Council desires to amend the Advisory Boards Handbook and ByLaws to reduce the number of Members on the Harbor Advisory Board and Public Works Advisory Board from seven to five; and
WHEREAS, the reduction in membership for the Public Works Advisory Board would be effective February 1, 2025, with the annual recruitment being conducted to fill two scheduled vacancies instead of four; and
WHEREAS, the gradual reduction from seven members to five on the Harbor Advisory Board would occur as terms for the Member-at-Large term ending January 31, 2025, and South Bay/Los Osos term ending January 31, 2026, not being filled. Recruitments to fill the remaining seats would be conducted as follows, resulting in a 6-member Board for 2025 and a 5-member Board beginning 2026 and thereafter.
2025 – (1) MBCFO representative/alternate & (1) Marine-Oriented Business 2026 – (1) Member-at-large
2027 – (1) Waterfront Leaseholder & (1) Recreational Boating representative

NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Morro Bay does hereby amend the following provisions of the Advisory Board Handbook and By-Laws to read as follows (such provisions being under the same sections titles as entitled below):

SECTION 1. HARBOR ADVISORY BOARD BY-LAWS

APPOINTMENT
As of January 31, 2025, the current membership of (1) Member-at-Large seat shall expire without the vacancy being filledl; then it follows that South Bay/Los Osos seat shall expire as of January 31, 2026, without such being filled. Thereafter, the Harbor Advisory Board shall be comprised of

seven five voting members, four of which must be qualified electors of the City of Morro Bay.

Appointments and the filling of vacancies shall be made by the City Council. Harbor Advisory Board members shall serve at the pleasure of the City Council. The City Council will attempt to select members from the following categories:

Morro Bay Commercial Fishermen’s Association
Waterfront Leaseholders
Marine Oriented Business
Recreational Boating
Representative of South Bay/Los Osos
Two (1) Members at Large
The City Council and Harbor Advisory Board, however, recognize the importance of the Morro Bay Commercial Fisherman’s Association (MBCFO) seat, and acknowledge that it is often difficult for commercial fishermen serving on the HAB to meet the attendance requirements due to the nature of their business. As such, up to two (2) Alternate MBCFO members to the Primary member may be appointed by the City Council in the same manner and fashion as regular appointments in order to stand-in for the Primary member in the event of the Primary member’s absence.

QUALIFICATIONS
Effective, February 1, 2026, fFour of the seven five members must be a resident and registered voter of the City during the term of appointment, unless excepted by State Law or Council approved special requirements; must be at least 18 years of age at the time of appointment; and, may not be an Elected Official, Officer, or Employee of the City of Morro Bay. (Council Policies and Procedures, Section 6.6.1).

SECTION 2. PUBLIC WORKS ADVISORY BOARD BY-LAWS

APPOINTMENT
As of February 1, 2025, tThe Public Works Advisory Board shall be comprised of sevenfive voting members, all of which must be qualified electors of the City of Morro Bay. Appointments and the filling of vacancies shall be made by the City Council. The Public Works Advisory Board members shall serve at the pleasure of the City Council.

PASSED AND ADOPTED by the City Council, City of Morro Bay at a regular meeting thereof held on the 22nd day of October 2024 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

RECUSE:

_______________________________
CARLA WIXOM, Mayor
ATTEST:
___________________________
DANA SWANSON, City Clerk