City Council Regular Meeting - November 12, 2024
1. ESTABLISH QUORUM AND CALL TO ORDER
Public Comments:
Mayor Wixom called the meeting to order at 5:32 p.m. with all members present.
2. MOMENT OF SILENCE
Public Comments:
3. PLEDGE OF ALLEGIANCE
Public Comments:
4. REPORTS
Public Comments:
4.a
Closed Session Report
Public Comments:
City Attorney Neumeyer announced no reportable action was taken in closed session.
4.b
Mayor and Councilmembers' Reports, Announcements and Presentations Public Comments:
https://youtu.be/oon9Ss1pdLc?si=In6tbSj3XquDes0L&t=84
4.c
City Manager Reports, Announcements and Presentations
Public Comments:
https://youtu.be/oon9Ss1pdLc?si=ccjWfLeTcUuelPIB&t=498
4.d
Subcommittee Reports - Verbal Update of Current Subcommittee Activities Public Comments:
https://youtu.be/oon9Ss1pdLc?si=rotRxL75yHE-LnLt&t=792
a.
Water Reclamation Facility & Morro Bay / Cayucos Sanitary District JPA Public Comments:
b.
Morro Bay Power Plant (Vistra)
Public Comments:
c.
Offshore Wind Energy
Public Comments:
d.
Downtown Design District
Public Comments:
5. RECOGNITION AND PRESENTATIONS
Public Comments:
https://youtu.be/oon9Ss1pdLc?si=Ig5VwvNKLSIad18v&t=855
5.a
Morro Bay Police Explorer Post 43 Recognition
Public Comments:
6. PUBLIC COMMENT
Public Comments:
https://youtu.be/oon9Ss1pdLc?si=IwL_2SXBjlzo9625&t=1261 Linda Winters, Morro Bay, announced recent and upcoming community events.
Larry McNally, Morro Bay, expressed concern about potential fires related to battery energy storage projects.
Kiernan Cottle, Morro Bay, offered comments.
Garry Johnson, Morro Bay, thanked Morro Bay citizens for passing Measure A-24.
Joe Yukich, Morro Bay, commended Morro Bay Police Department for their work and voiced concerns about the proposed Panorama project.
Dina Lundquist, Morro Bay Chamber of Commerce, announced upcoming events and thanked the community and business leaders for attending Shop, Sip and Stroll.
Bill Martony, Morro Bay, suggested alternative locations for the proposed Vistra Plant.
Betty Winholtz, Morro Bay, expressed concern and frustration regarding the City's tree trimming practices.
Nattalia Merzoyan, Morro Bay, shared her appreciation for the current Council, congratulated the newly elected members, and offered information from a REACT Alliance event.
Betsy Gaudette-Cross, Morro Bay, requested improvements to the bike path near Cloisters and expressed concern regarding the proposed development at 3300 Panorama.
Michelle Leicester-Cadaret, Morro Bay, commented on potential flooding and traffic impacts related to the proposed development at 3300 Panorama.
An unnamed resident, opposed the battery storage project and suggested other methods of repairing sidewalks while preserving trees.
End of public comment.
7. CONSENT AGENDA
Public Comments:
https://youtu.be/oon9Ss1pdLc?si=n_bRO4On9us2sgPZ&t=3433 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.
Council Member Edwards pulled Item 7.d.
Motion by
Council Member Edwards
Seconded by
Council Member Ford
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)
7.a
Approval of Minutes
Public Comments:
Approve as submitted.
a.
October 22, 2024 - Regular Council Meeting
Attachments
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Public Comments
1. Post-Meeting Minutes - CCRM_Oct22_2024 - English.pdf
7.b
Approval of Fiscal Year 2023-24 Year-End Budget Amendments Attachments
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Public Comments
1. 7b 2023-24 Year-End Budget Review and Adjustments.pdf
2. 7b.1 Updated Major Fund Forecasts.pdf
3. 7b.2 Reso 70-24 FY 2023-24 Year-End Budget Adjustments.pdf Receive the Fiscal Year (FY) 2023-24 Year-End Budget Review contained herein and adopt Resolution No. 70-24 approving FY 2023-24 Year-End Budget Adjustments.
7.c
Equipment donation from the Friends of the Morro Bay Fire Department Attachments
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Public Comments
1. 7c Approve Exercise Equipment Donation from Friends of the Fire Dept.pdf
2. 7c.1 Friends of MB Fire Dept Donation Acceptance Agreement monster rack.pdf Accept the donated equipment from the Friends of the Morro Bay Fire Department and authorize the City Manager to execute the Donation Agreement.
7.d
Monetary donation from Morro Bay Beautiful
Attachments
|
Public Comments
1. 7d Approve Donation from Morro Bay Beautiful.pdf
2. 7d.1 Morro Bay Beautiful Donation Acceptance Agreement.pdf https://youtu.be/oon9Ss1pdLc?si=h36rgzJzv-KdW2Q8&t=3490 The Mayor and Council Members recognized Morro Bay Beautiful volunteers for their decades of service to the community.
Motion by
Mayor Wixom
Seconded by
Council Member Landrum
Accept the monetary donation from Morro Bay Beautiful and authorize the City Manager to execute the Donation Agreement.
Ayes (5)
Mayor Wixom, Council Member Landrum, Council Member Barton, Council Member Edwards, and Council Member Ford CARRIED (5 to 0)
8. PUBLIC HEARING ITEMS
Public Comments:
8.a
Review and Adopt Draft Funding Recommendations for the 2025 Community Development Block Grant (CDBG) Program Attachments
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Public Comments
1. 8a 2025 Draft CDBG Funding Recommendations.pdf
2. 8a.1 Reso 71-24 for 2025 Draft CDBG Funding Recommendations.pdf
3. 8a.2 5 Cities Homeless Coalition Application for Public Services Funding.pdf
4. 8a.3 City of Morro Bay Public Works Department Application for Public Services Funding.pdf https://youtu.be/oon9Ss1pdLc?si=9_uKvSR41xFFg3xF&t=3646 Community Development Director Singewald presented the report and responded to Council inquiries.
Mayor Wixom opened public comment for Item 8.a.
https://youtu.be/oon9Ss1pdLc?si=5_T0IbXf3Mlv_LU-&t=4592 Betty Winholtz, Morro Bay, expressed interest in leaving the consortium and was concerned funds were being used for sidewalk repairs rather than helping the homeless. She also restated her concerns about removal of major vegetation.
Mandy Davis agreed with the previous speaker and urged the City to repair sidewalks without harming or destroying trees.
Nattalia Merzoyan, Morro Bay, commented on the importance of planting trees correctly to force the roots down below the problem zone.
Michelle Leicester-Cadaret, Morro Bay, urged the City to allocate funds for homeless services rather than public works projects.
End of public comment.
Motion by
Council Member Ford
Seconded by
Council Member Landrum
Approve the 2025 draft funding recommendations for the two applications received under Resolution No. 71-24.
Ayes (5)
Council Member Barton, Council Member Ford, Mayor Wixom, Council Member Landrum, and Council Member Edwards CARRIED (5 to 0)
9. BUSINESS ITEMS
Public Comments:
The Council took a brief recess at 7:19 p.m. and reconvened at 7:28 p.m. with all members present.
9.a
Discussion and Direction regarding Agreement for City Attorney Services Attachments
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Public Comments
1. 9a Contract review for City Attorney services.pdf
2. 9a1 Notice of New Law Firm Employment (110424).pdf
3. 9a2 Aleshire Wynder Agreement with Amendments 1 - 8.pdf
4. 9a3 Morro Bay BWS Agreement.pdf
5. 9a4 BWS Firm Overview 2024.pdf
https://youtu.be/oon9Ss1pdLc?si=tL4cVwFdLA3lE-dc&t=6487 Fire Chief McCrain, who was Acting City Manager at the time the issue arose, presented the item.
Mayor Wixom opened public comment for Item 9.a.
https://youtu.be/oon9Ss1pdLc?si=Ews-LDzf4H-LXxrA&t=6775 Martin Koczanowicz, Aleshire & Wynder, LLP, provided a brief resume and committed to seamlessly provide services should the Council vote to remain with the firm.
Jeff Heller, Morro Bay, urged the Council to retain Mr. Neumeyer's service with the new firm for at at least six months to a year, then explore other alternatives if that's the desire of Council.
Betty Winholtz, Morro Bay, suggested the Council stay with Aleshire & Wynder for 4-6 weeks, leaving the decision to the new Council.
Nicole Dorfman, Morro Bay, supported maintaining the current firm until new council is seated.
Judy Setting, Morro Bay, agreed this decision should be made by the new council.
End of public comment.
Mr. Neumeyer offered comments, apologized for the short notice, and shared he would be privileged and honored to continue serving Morro Bay.
Motion by
Mayor Wixom
Seconded by
Council Member Landrum
Keep the current contract with Aleshire & Wynder for City Attorney Services and request a new City Attorney and Assistant Attorney from Aleshire & Wynder to start November 14th in two days because that is how much notice we have.
The motion was seconded for discussion.
Motion by
Council Member Ford
Seconded by
Council Member Edwards
A substitute motion was made to approve the agreement with Burke Williams and Sorenson for a City Attorney Services and appoint current City Attorney Chris Neumeyer as City Attorney and terminate agreement with Aleshire & Wynder for City Attorney services with the exception of closure on ongoing items to be specified.
Pursuant to Robert's Rules of Order, the Council addressed and voted on the Substitute Motion first. The Substitute Motion carried 3-2, therefore no vote was taken on the primary motion.
Ayes (3)
Council Member Barton, Council Member Ford, and Council Member Edwards Noes (2)
Mayor Wixom, and Council Member Landrum
CARRIED (3 to 2)
9.b
Discussion on Potential Battery Energy Storage Systems (BESS) Urgency Ordinance Attachments
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Public Comments
1. 9b BESS Urgency Ordinance.pdf
Council Member Ford declared a conflict on this item. (Due to a perceived conflict as her employer has worked on battery energy legislation in the past.) https://youtu.be/oon9Ss1pdLc?si=XahPoR22kVgavOak&t=9789 Community Development Director Singewald presented the report and responded to Council inquiries.
Mayor Wixom opened public comment for Item 9.b.
https://youtu.be/oon9Ss1pdLc?si=7RQVW26NMfLmPPXI&t=11068 Betty Winholtz, Morro Bay, urged the Council to adopt an urgency ordinance to prevent new BESS applications from being submitted.
End of public
comment.
Motion by
Council Member Landrum
Seconded by
Mayor Wixom
Direct staff to draft an urgency ordinance for battery energy storage systems and prepare findings satisfying requirements of the Government Code that there's an immediate threat to health, safety and wellfare, and return to a future Council meeting.
Ayes (4)
Council Member Barton, Mayor Wixom, Council Member Landrum, and Council Member Edwards Recused (1)
Council Member Ford
CARRIED (4 to 0)
9.c
General Plan Annual Progress Report for Reporting Year 2023 Attachments
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Public Comments
1. 9c Council GP 2023 Annual Progress staff report.pdf
2. 9c.1 GP Annual Progress Report 2023.pdf
3. 9c.1.a Exhibit 1 - General Plan Implementation Table 2023-la.pdf
4. 9c.1.b Exhibit 2 - Major Permit Report - Issued.pdf
https://youtu.be/oon9Ss1pdLc?si=YEZCBFt-olKRNrNU&t=11479 Council Member Ford returned to the dais.
Community Development Director Singewald presented the report and responded to Council inquiries.
Mayor Wixom opened public comment for Item 9.c.; seeing none, the public comment period was closed.
No formal action was taken by the City Council.
10. COUNCIL DECLARATION OF FUTURE AGENDA ITEMS
Public Comments:
None.
11. ADJOURNMENT
Public Comments:
The meeting adjourned at 9:04 p.m.