MINUTES - MORRO BAY CITY COUNCIL

REGULAR MEETING

Tuesday, April 09, 2024 at 5:30 P.m. - 9:30 P.m.

Veterans Memorial Hall, 209 Surf St., Morro Bay, CA

Members Present:

• Mayor Carla Wixom
• Council Member Zara Landrum
• Council Member Laurel Barton
• Council Member Cyndee Edwards
• Council Member Jennifer Ford

Staff Present:

• City Manager Yvonne Kimball
• City Attorney Chris Neumeyer
• City Clerk Dana Swanson
• Interim Finance Director Emily Conrad
• Public Works Director Greg Kwolek
• Interim Comm Dev Director Michael Codron
• Fire Chief Dan McCrain
• Harbor Director Ted Schiafone
• Police Commander Tony Mosqueda

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1.

ESTABLISH QUORUM AND CALL TO ORDER

Mayor Wixom called the meeting to order at 5:33 p.m., with all but Council Member Barton present.   Council Member Barton joined the meeting at 5:34 p.m.

2.

MOMENT OF SILENCE

3.

PLEDGE OF ALLEGIANCE

4.

REPORTS

4.a

Closed Session Report

https://youtu.be/AAhmKTEWbIc?si=eZ0FNGJVPRqCM3EO&t=99

City Attorney Neumeyer announced no legally required reportable action was taken in closed session.   At the direction of City Council, Mr. Neumeyer reported there was discussion about disposition of 781 Market Avenue, owned by the City of Morro Bay, and reminded the public the City has been seeking the sale of this property for about 10 years. There currently is a 2-year lease on the property that expires in August 2025 with a 60-day notice to terminate by either party.  No decisions were made in closed session and the Council is continuing to look at the future of this City-owned property. 

4.b

Mayor and Councilmembers' Reports, Announcements and Presentations

https://youtu.be/AAhmKTEWbIc?si=X6jnz43gzORCxP6Q&t=194

4.c

City Manager Reports, Announcements and Presentations

https://youtu.be/AAhmKTEWbIc?si=WgMaKlW32OXjxjVO&t=785

5.

RECOGNITION AND PRESENTATIONS

5.a

Sexual Assault Awareness Month Proclamation

https://youtu.be/AAhmKTEWbIc?si=J1O0hGkCFjgFAYVH&t=1311

Presented to Clementine Ellis, Director of Communications for Lumina Alliance.

6.

PUBLIC COMMENT

https://youtu.be/AAhmKTEWbIc?si=NK1VBTU4FGivLBFO&t=1654

• Linda Winters, Morro Bay, shared a heartwarming story of a lost dog reunited with its owner. 
• Adam and Loren Dragotta, Los Osos residents and owner of "SLO Dogs" food truck catering, hoped to partner with the City to provide food service by the Rock.  
• Barry Branin, Morro Bay, explained the intent and purpose of Measure A-24.  
• Aaron Ochs, Morro Bay, spoke in favor of Measure A-24 and urged the Chamber of Commerce to comment on rumors it may be merging with SLO Chamber. 
• Allison Soderer, Morro Bay, commented on unmet needs of unhoused residents.  
• Terry Simons, Morro Bay, offered comments regarding the Vistra outreach meeting and perceived deficits in the Draft EIR.  
• Alex Beattie, Morro Bay, commented on the proposed BESS project and urged the City to require the applicant to revise the Draft EIR to include alternative site analysis and identify its energy source. 
• Betty Winholtz, Morro Bay, spoke regarding the proposed BESS project, asking if Vistra was able to change technology or systems delivery in the Draft EIR or required to resubmit an application.
• An unnamed resident commented on various issues.  

End of public comment.

Staff responded to questions raised during public comment.

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.

https://youtu.be/AAhmKTEWbIc?si=0DOZIvIfLnJ3JnIC&t=3535

Mayor Wixom opened public comment for items on the Consent Agenda; seeing none, the public comment period was closed.

• Motion by Council Member Ford
  Seconded by Council Member Barton

  Approve Consent Agenda Items 7.a through 7.e as submitted.

  Ayes (5)

  Mayor Wixom, Council Member Landrum, Council Member Barton, Council Member Edwards, and Council Member Ford

  (5 to 0)

7.a

Approval of Minutes

• Approve as submitted.

a.

March 26, 2024 - Regular Council Meeting

b.

March 26, 2024 - Special Closed Session Meeting

7.b

Adoption of Resolution No. 22-24 Initiating Proceedings to Levy the Annual Assessment for the North Point Natural Area - Landscaping and Lighting Maintenance Assessment District

• Adopt Resolution No. 22-24 ordering the preparation of an Engineer’s Report detailing the expenses projected for Fiscal Year 2024/25 for the maintenance of the North Point Natural Area under the provisions of the “Landscaping and Lighting Act of 1972.”

7.c

Adoption of Resolution No. 23-24 Initiating Proceedings to Levy the Annual Assessment for the Cloisters Park and Open Space - Landscaping and Lighting Maintenance Assessment District

• Adopt Resolution No. 23-24 ordering the preparation of an Engineer’s Report detailing the expenses projected for Fiscal Year 2024/25 for the maintenance of the Cloisters Park and Open Space under the provisions of the “Landscaping and Lighting Act of 1972.”

7.d

Adoption of Resolution No. 24-24 Approving Amendment #1 to the Interim Lease Agreement with Todd Baston and Tamara Gray-Baston, for Lease Site 62/62W located at 551 Embarcadero

• Adopt Resolution No. 24-24, approving Amendment #1 to the Interim Lease Agreement with Todd Baston and Tamara Gray-Baston, for Lease Site 62/62W located at 551 Embarcadero.

7.e

Proclamation Declaring April 2024 as Sexual Assault Awareness Month

• Approve as submitted.

8.

PUBLIC HEARING ITEMS

None.

9.

BUSINESS ITEMS

9.a

Approval of Contract Closeout Amendment No. 10 for FBV Agreement

https://youtu.be/AAhmKTEWbIc?si=SxYmnsL_VovBnaXL&t=3586

Public Works Director Kwolek introduced Anthony Cemo, Carollo Engineers, who presented the report and responded to Council inquiries.

Mayor Wixom opened public comment for Item 9.a.

https://youtu.be/AAhmKTEWbIc?si=m1ReFJVS2Uuqwft0&t=4450

• Terry Simons, Morro Bay, asked about the quality of the water generated by the new plant and suggested comparing the cost of the proposed project to direct injection.  
• Betty Winholtz, Morro Bay, appreciated the change order price had been successfully negotiated down and hoped that, if asked, the City would provide negative feedback about the contractor.  

End of public comment.

Staff responded to questions raised during public comment.

• Motion by Mayor Wixom
  Seconded by Council Member Edwards

  Review and approve the closeout of the agreement among the City of Morro Bay and its design build contractor for the Water Resources Center (WRC), KS Overland Contracting, Inc. and J.R. Filanc Construction Company, Inc., collectively, aka FBV Morro Bay Joint Venture (FBV), as outlined in Amendment No. 10.

  Ayes (5)

  Mayor Wixom, Council Member Landrum, Council Member Barton, Council Member Edwards, and Council Member Ford

  CARRIED (5 to 0)

9.b

Approve WRF Close-out Agreement Contract Amendment for Anvil Builders, Inc. and Settlement Agreement

https://youtu.be/AAhmKTEWbIc?si=iVlbzU2X9ba74XkL&t=5025

Public Works Director Kwolek introduced the item and turned to Anthony Cemo, Carollo Engineers, who presented the report and responded to Council inquiries.

Mayor Wixom opened public comment for Item 9.b.

https://youtu.be/AAhmKTEWbIc?si=A3juEzUXKYDz3sSa&t=5500

• Terry Simons, Morro Bay, offered comments about the Anvil's mismanagement of the project and possible cause of the brine line issue.  
• Betty Winholtz, Morro Bay, hoped the City would give Anvil the worst recommendation and asked if the retention should be more than $200,000.

End of public comment.

Staff responded to issues raised during public comment.

• Motion by Mayor Wixom
  Seconded by Council Member Landrum

  Authorize the City Manager to execute Amendment No. 9 to the agreement with Anvil Builders, Inc. (Anvil) for the Water resources Center (WRC) Lift Stations and Offsite Pipelines (Conveyance Facilities) construction for $880,000 and the accompanying settlement agreement, which results in a total not to exceed contract amount of $37,264,606.

  Ayes (5)

  Mayor Wixom, Council Member Landrum, Council Member Barton, Council Member Edwards, and Council Member Ford

  CARRIED (5 to 0)

9.c

Consideration of Introduction and First Reading of Ordinance No. 667 Adding Chapter 2.48 to Title 2 of the Morro Bay Municipal Code Relating to Electronic and Paperless Filing of Campaign Disclosure Statements and Statement of Economic Interests

https://youtu.be/AAhmKTEWbIc?si=t4yHMie-MTe6YC6t&t=6028

Mayor Wixom opened public comment for Item 9.c.

• Terry Simons, Morro Bay, questioned whether electronic filing was being allowed or required.
• Betty Winholtz, Morro Bay, was opposed to required electronic filing and questioned the process for bringing the ordinance to Council.   

End of public comment.

Following discussion, the Council directed staff to return with a modified version of the ordinance that would authorize the City Clerk to make limited exceptions to the electronic filing requirement.

10.

COUNCIL DECLARATION OF FUTURE AGENDA ITEMS

None.

11.

ADJOURNMENT

The meeting adjourned at 7:31 p.m.