AGENDA CORRESPONDENCE
CORRESPONDENCE RECEIVED BY THE
CITY COUNCIL FOR PUBLIC REVIEW
PRIOR TO THE MEETING
AGENDA NO: PC
MEETING DATE: November 12, 2024
AGENDA CORRESPONDENCE
CORRESPONDENCE RECEIVED BY THE
CITY COUNCIL FOR PUBLIC REVIEW
PRIOR TO THE MEETING
AGENDA NO: 7b
MEETING DATE: November 12, 2024
2 Since this item deals with the budget, I wonder why this is not under New Business rather than Consent. Budgetary items usually raise questions, and should be discussed rather than consented.
Regarding content:
1) Why is the City buying a new trolley (p. 14 of 148) and a new bus (p. 15 of 148) when the City Council has voted to let the County take over the City's vehicles in 6 months? Additionally, is not trolley season over for the year? a. The trolley was delivered in May 2024 and went into service in June 2024.
The project was funded by transportation grants and was in the adopted budget for FY 2023-24.
2) Page 15 of 148. Why carry forward $335,000 for Project #9508 for the Vets Hall when the City Council discussion last month questioned the number of changes necessary?
a. This is standard practice for any unspent project funds at year-end so we can accurately track remaining balances of adopted budget allocations for each project. If the Vets Hall project is pared down, Council has authority to reallocate budget to other City objectives or return funding to the original funding source for future allocation.
3) Page 17 of 148 shows under Revenue that the category of Other is larger than the largest category Property Tax, as well as TOT and Sales Tax. What is in the category of Other, and what are their numbers or percentages of $6,000,000? a. Other Revenue includes cannabis tax, franchise fees, fees for current services (including penalties and fines), interest income, rental income, grant revenue, and (at least for FY24) Vistra deposits for the BESS project.
The major revenue sources in this category are current services ($3.3M), interest & rental income ($0.8M) franchise fees ($0.8M) and Vistra deposits ($0.5M).
4) Page 17 of 148. Please explain the monetary discrepancies between the 3 lines addressing the General Fund Emergency Reserve (GFER).
a. The GFER reserve level is a percentage of the combined total of General Fund and Measure E ongoing operating expenses therefore the GFER target will change according to the sum of operating expenditures, which is different in each scenario shown in this table (budget v. estimated v. actual). 5) Page 18 of 148. If you haven't spent this money--Project #8032 Active Transportation Plan/Active Corridor Studies ($67,000 plus $80,00 on page 15 of 148) and Project #8045 Local Road Safety Plan (LRSP) Implementation and Safety Improvements ($150,000 plus $202,000 on page 15 of 148)--or received it as a grant, please don't. This is money that could be credited to street Paving Plan. a. Comment noted.
6) Page 18 of 148. Are the trash and recycling replacements taking place? The recycle cans appear to be in the poorer condition.
3 a. Yes, the Maintenance Division Manager has recently ordered replacement receptacles which will be dual trash/recycling containers with flower boxes on top.
7) Why is there no report on Measure Q?
a. Measure (Q) E is included in the Governmental Funds section of this report and the (unaudited) actuals can be seen on page 18 of 148. Additionally, CFAC performs its annual review of Measure E revenues and expenditures in January and then provides a report to Council shortly after. Actuals will also be presented in the Annual Comprehensive Financial Report. 8) Page 19 of 148. It appears that the Water Department is getting 3 new vehicles; is this true? How many vehicles are assigned to them? Is the Water Department headquartered with the Sewer Department at the new location? It seems this is the year for multiple new vehicles in several departments. a. One truck replacement at $65,000 was funded in the FY 2023-24 adopted budget but no truck was purchased. Both water and sewer funds are building reserves for future vehicle replacements, which may include heavy equipment such as dump trucks and vactor trucks. The Utilities Division, which houses both Water and Sewer, is headquartered at the Water Resources Center. The City’s fleet contains many old, high-mileage vehicles.
A preliminary analysis by Finance staff in early 2024 indicates that 75% of the City’s trucks are eligible for replacement using State of CA standards. 9ec) Page 23 or 148. I appreciate the delineation of why the North Point Area and Cloisters Area are over budget and by how much.
a. Comment noted.
Sincerely,
Betty Winholtz
2 headquartered with the Sewer Department at the new location? It seems this is the year for multiple new vehicles in several departments.
9ec) Page 23 or 148. I appreciate the delineation of why the North Point Area and Cloisters Area are over budget and by how much.
Sincerely,
Betty Winholtz
AGENDA CORRESPONDENCE
CORRESPONDENCE RECEIVED BY THE
CITY COUNCIL FOR PUBLIC REVIEW
PRIOR TO THE MEETING
AGENDA NO: 8a
MEETING DATE: November 12, 2024
1 Dana Swanson
From: Nancy Bast
Sent: Tuesday, November 12, 2024 11:28 AM
To: Council
Subject: Beautiful Flowering Eucs
CAUTION: This is an external email. Please take care when clicking links or opening aƩachments.
Dear Mayor Wixom and Councilwomen,
ThOse beauƟful trees in bloom were a major influence why I chose to invest my limited assets in this town. I love the habitat they provide for many other species besides the Night Herons. StaƟsƟcs show the loss of 80% of the insects - the blooming eucs teem with bees and myriad other insects at a height that doesn’t interfere with the human traffic below.
Sounds like our maintenance staff needs sidewalk repair training as I have seen many sidewalk repairs done without destroying mature, decades old gorgeous trees.
For twenty years I owned a laundromat here, I can’t count the Ɵmes visitors to Morro Bay asked and appreciated those “beauƟful blooming trees” shading our city streets.
In the eighƟes, we had a separate Streets and Tree commiƩee which I happily sat on, and this commiƩee went to much effort to provide all the requirements to be named a TREE CITY by a naƟonal organizaƟon!!! CLEARLY, THE DESTRUCTION OF THESE TREES LUDICROUSLY PROPOSED BY THE STAFF WILL NULLIFY OUR “TREE CITY” STATUS.
LOSS OF THAT STATUS MIGHT ALSO JEOPARDIZE MORRO BAY’S ASSOCIATED DESIGNATION AS A “BIRD REFUGE”.
This is not the first issue that the staff has proposed changes without knowing the law governing the area of change!! PLEASE listen to the people who have chosen Morro Bay to invest all their love, graƟtude and finances and who say LEAVE THE TREES ALONE!!!!
Sincerely,
Nancy Bast
Sent from my iPad
2 being altered--Morro Bay Boulevard, Harbor Street, Main Street, Monterey Avenue, and Napa Avenue. This is not a maintenance project; it is a public renovation of Morro Bay.
I encourage you to not accept this project. I encourage the City Council, as I have before, to separate from the County and receive your own CDBG funding as Grove Beach does. If City Council chooses not to separate, then only accept project applications that affect housing.
Sincerely,
Betty Winholtz
B.6. Do you have any funds remaining from prior Fiscal Year allocations? If so, please list the project you received
funding for, the fiscal year(s) you received the funding, and the remaining amount(s) for each fiscal year(s).
The City of Morro Bay has $131,190.30 in funds remaining allocated to the Quintana Road ADA Improvement Project,
which includes funds from the 2024 CDBG cycle as well as from prior year funds and reallocations. The City will also have
$3,758 in 2024 Administration funds that will become available when new agreements are signed
B.7. How do you plan to fund the operation and maintenance costs (if any) associated with this project? Are these
funds available now? If not, when will they be available? The City plans to fund the operation and maintenance costs associate with this project through the Annual Pavement
Management Program outlined in the FY2024-25 Operating and Capital Budget, which has been adopted by the City
Council and is currently in effect. What is described but not shown (as requested) is major vegetation removal
C.7.a. Please upload the following documents:
Attachment I – Maps, Photos, Drawings, Plans *Required **No files uploaded
C.19. Describe how the project will align with a (or multiple) Line(s) of Effort to support the San Luis Obispo
Countywide Plan to Address Homelessness.
The project does not tie in directly with any of the six (6) Lines of Effort in the San Luis Obispo Countywide Plan to
Address Homelessness, but perhaps aligns adjacently to Line of Effort 2: Focus efforts to reduce or eliminate the barriers
to housing stability for those experiencing homelessness or risk of homelessness, including prevention, diversion,
supportive services, and housing navigation efforts. Seniors make up a significant proportion of the City of Morro Bay's
3 population, and ADA improvements are a critical project to improve their accessibility around the community,
facilitating their ability to age in place. Senior residents are a community that experiences a heightened risk of housing
complications, as a majority of the community are on fixed incomes, experience accessibility issues, and are faced with a
limited housing stock. Ensuring that their neighborhood accommodates accessibility is a vital element in making sure
they have safe and reliable housing.
C.29. Has a Phase I or Phase II environmental assessment been conducted for the property?
N/A
C.34. Will demolition or excavation be required?
No
AGENDA CORRESPONDENCE
CORRESPONDENCE RECEIVED BY THE
CITY COUNCIL FOR PUBLIC REVIEW
PRIOR TO THE MEETING
AGENDA NO: 9a & 9b
MEETING DATE: November 12, 2024
2 Morro Bay is not just a typical small town of 10,000 residents. We have significant issues and liabilities which most towns our size do not. We’re on the California coast, we are a working waterfront, we have State Lands to manage, a tourist based economy, County and State agency mandates (Coastal Commission among them), and significant ongoing capital projects.
But there’s more. Think about what we have navigated over the last past 10 years all of which has required substantial legal services.
1. The decision by a former council in 2013 to break the Joint Powers Agreement with Cayucos and build our own sewer plant. The formal dissolution of this JPA has not been agreed upon.
2. The result of this decision is a capital project which moved our sewer and water plant inland 3 miles. The project is still not complete nor final cost known.
3. Increasing homelessness. I don’t know the current quantities but I think most of us will agree this issue has increased dramatically over the past 10 years.
4. The100-year pandemic. Remember the legal mandates that come down to us from the County? And the State? It was a lot to sort out.
5. Storms and flooding.
6. A proposed Lithium-Ion Battery Storage Facility.
7. Proposed offshore wind farms
8. Ongoing regulations issued by the County and State (e.g. waste management mandates, and more)
ALL of these events and challenges have required legal services which could not have been anticipated, and all have required some level of legal support services.
C. CONTINUITY
This may be the most important reason to retain Chris Neumeyer at his new firm. Continuity.
Can you imagine the staff time and effort (i.e. cost) associated with bringing in new legal counsel?
Our challenges are immediate and ongoing (JPA w/Cayucos, WRF project, BESS, Offshore Wind project, and who can predict what else lay ahead?
If Chris’ new firm will not increase his rates, we should sign up BWS and Chris, Lona, and Christy.
This is not the time to make a change.
Thank you for your consideration.
Jeff Heller
3 Item 9b. Emergency Ordinance-BESS
I don’t see the point of spending the time, money and effort to create an emergency ordinance. I am not convinced that AB205 and the CEC can override our local decision re: BESS.
Thank you
Jeff Heller
AGENDA CORRESPONDENCE
CORRESPONDENCE RECEIVED BY THE
CITY COUNCIL FOR PUBLIC REVIEW
PRIOR TO THE MEETING
AGENDA NO: 9a
MEETING DATE: November 12, 2024
2 Martin D. Koczanowicz | Partner
Aleshire & Wynder, LLP | 2659 Townsgate Rd. Suite 226. Westlake Village, CA 91361 Tel: (805) 409-2686
[email protected] | www.awattorneys.com
This email and any files transmitted with it may contain privileged or otherwise confidential information. If you are not the intended recipient, or believe that you may have received this communication in error, please advise the sender via email and delete the email you received.
From: Maureen Tucker <[email protected]>
Sent: Thursday, November 7, 2024 3:53 PM
To: Martin Koczanowicz <[email protected]>
Cc: Keith Lemieux <[email protected]>; Paul Early <[email protected]> Subject: RE: Reso - Morro Bay AMendment 9.docx
Martin,
See the attached documents:
1. Morro Bay Resolution;
2. Fee Agreement;
3. Attorney profile – M. Koczanowicz; and
4. Attorney profile – P. Early
Let me know if you need anything else.
Thank you,
Maureen
Maureen Tucker | Legal Assistant
Aleshire & Wynder, LLP | 2659 Townsgate Rd. Suite 226. Westlake Village, CA 91361 Legal Assistant to Keith Lemieux | Steven O’Neill | Martin Koczanowicz Tel: (805) 495-4770
[email protected] | www.awattorneys.com
The information contained in this e-mail message and the information attached hereto, if any, is intended only for the CONFIDENTIAL use of the designated addressee named above. The information transmitted is subject to the attorney-client privilege and/or represents confidential attorney work product. Recipients should not file copies of this e-mail with publicly accessible written or electronic records. If you are not the designated addressee and you received this document through inadvertent error, any further review, dissemination, distribution or copying of this communication, and any attachments, by you, or anyone else, is strictly prohibited. IF YOU RECEIVED THIS COMMUNICATION IN ERROR, PLEASE NOTIFY US IMMEDIATELY BY TELEPHONE TO THE ABOVE-NAMED SENDER AT (949) 223-1170.
Thank you.
From: Martin Koczanowicz <[email protected]> Sent: Thursday, November 7, 2024 3:32 PM
To: Maureen Tucker <[email protected]>
Cc: Keith Lemieux <[email protected]>; Paul Early <[email protected]> Subject: Reso - Morro Bay AMendment 9.docx
3 Here is the reso Maureen. You have both resumes for Paul and I.
RESOLUTION NO. XX-24
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF MORRO BAY, CALIFORNIA,
APPROVING AMENDMENT NO. 9 TO THE CONTRACT LEGAL
SERVICES AGREEMENT WITH ALESHIRE & WYNDER
APPOINTING MARTIN KOCZANOWICZ AS THE CITY
ATTORNEY AND AUTHORIZING THE MAYOR TO EXECUTE
THE AMENDMENT
T H E C I T Y C O U N C I L
City of Morro Bay, California
WHEREAS, on March 1, 2014, City of Morro Bay entered into a Contract Services Agreement (Agreement) for the interim provision of city attorney legal services, which has been amended several times over the 10-year period; and
WHEREAS, under January 1, 2019 amendment to the Agreement Mr. Chris Neumeyer became the City Attorney for the City; and
WHEREAS, Mr. Chris Neumeyer has separated from A&W and the City Council desires to amend the Agreement to identify the new City Attorney from A&W; and WHEREAS, A&W partner Martin Koczanowicz has the required experience and expertise to provide full range of legal services to the City of Morro Bay and proposes to be assisted by another A&W partner, Paul Early in the position of Assistant City Attorney; and WHEREAS, the City Council desires to amend the current Agreement to reflect a change in those positions.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MORRO BAY, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS:
Section 1. Recitals. The Recitals set forth above are true and correct and are incorporated into this Resolution by this reference.
Section 2. Approval of Amendment No.9 to Aleshire & Wynder Agreement. The City Council hereby approves Amendment 9 (Exhibit A to this Resolution) and authorizes the Mayor to execute it on behalf of the City, thereby appointing Martin Koczanowicz as the City Attorney and Paul Early as the Assistant City Attorney.
Section 3. Ratification. All actions heretofore taken by the City Council and other appropriate public officers and agents of the City with respect to the matters contemplated under this Resolution are hereby ratified, confirmed and approved.
Section 4. Certification, Adoption and Effective Date. That the City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original Resolutions. This Resolution shall be effective immediately upon passage and adoption.
PASSED, APPROVED AND ADOPTED by the City Council, City of Morro Bay, at a regular meeting held on the 12th day of November 2024 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
RECUSE:
______________________________
CARLA WIXOM, Mayor
ATTEST:
_____________________________
DANA SWANSON, City Clerk
CITY OF MORRO BAY
AMENDMENT NO. 9 TO CONTRACT SERVICES AGREEMENT
ALESHIRE & WYNDER, LLP
City Attorney Services
This Amendment No. 9 is made and entered into by and between the CITY OF MORRO BAY, a California municipal corporation, hereinafter referred to as "City," and ALESHIRE & WYNDER, LLP, a California limited liability partnership, hereinafter referred to as "A&W."
WHEREAS, on March 1, 2014, the parties entered into a contract services agreement (Agreement) for the interim provision of city attorney legal services, which was amended December 9, 2014 to delete the references to interim, amended June 9, 2015 to reduce evaluations to once annually, further amended effective January 1, 2019 to appoint A&W partner Chris F. Neumeyer as City Attorney and recently amended in July of 2022 and 2024 to adjust the billing rates; and
WHEREAS, Mr. Chris Neumeyer has separated from A&W and the City Council desires to amend the Agreement to identify the new City Attorney from A&W; and WHEREAS, A&W partner Martin Koczanowicz has the required experience and expertise to provide full range of legal services to the City of Morro Bay and proposes to be assisted by another A&W partner, Paul Early in the position of Assistant City Attorney.
NOW THEREFORE, in consideration of the foregoing, City and A&W mutually agree as follows:
1. A&W partner Martin Koczanowicz will serve as the City Attorney and A&W partner Paul Early will serve as the Assistant City Attorney under the terms of the Agreement as amended.
2. Except as expressly set forth herein, all terms and conditions of the Agreement, as amended to date, shall remain in full force and effect.
3. This Amendment No. 9 to the Agreement shall be effective on November 15, 2024.
IN WITNESS WHEREOF, the parties hereto have executed this Amendment No. 9 to the Agreement as of the last date affixed below.
CITY OF MORRO BAY, a California
municipal corporation
DATE: ___________________ By: ______________________
ATTESTED:
By: ______________
City Clerk
ALESHIRE & WYNDER, LLP, a California
limited liability partnership
DATE:____________ By: ______________________
AGENDA CORRESPONDENCE
CORRESPONDENCE RECEIVED BY THE
CITY COUNCIL FOR PUBLIC REVIEW
PRIOR TO THE MEETING
AGENDA NO: 9b
MEETING DATE: November 12, 2024