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Home My WebLink AboutCC_2021-10-12 Regular Meeting MinutesMINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING — OCTOBER 12, 2021 TELECONFERENCE — 5:30 P.M. AGENDA NO: A-1 MEETING DATE: November 9, 2021 City Council conducted this meeting in accordance with California Governor Newson's Executive Order N-08-21 issued on June 11, 2021 in response to the present State of Emergency in existence due to the threat of CO VID-19. This meeting was held via teleconference for all participants. PRESENT: ABSENT: STAFF: John Headding Dawn Addis Laurel Barton Jennifer Ford Jeff Heller N one S cott Collins Chris Neumeyer Heather Goodwin S arah Johnson -Rios Greg Kwolek S cot Graham Daniel McCrain Jody Cox Eric Endersby Mayor Council Member Council Member Council Member Council Member City Manager City Attorney Deputy City Clerk Assistant City Manager/Admin Services Dir. Public Works Director Community Development Director Fire Chief Police Chief Harbor Director ESTABLISH QUORUM AND CALL TO ORDER Mayor Headding called the meeting to order at 5:30 p.m., with all members present. MOMENT OF SILENCE PLEDGE OF ALLEGIANCE RECOGNITION — None CLOSED SESSION REPORT — City Attorney Neumeyer stated no reportable action was taken by the City Council in accordance with the Brown Act. None MAYOR & COUNCILMEMBERS' REPORTS, ANNOUNCEMENTS & PRESENTATIONS https://youtu.be/lbjgDIOqrE?t=204 CITY MANAGER REPORTS, ANNOUNCEMENTS AND PRESENTATIONS https://youtu.be/lbjCjD1OcirE?t=743 PRESENTATIONS https://youtu.be/lbjCiDIOqrE?t=999 • Resolution commemorating the landing of the First Filipinos in US presented to Jessica Gillette, Rosalie Marquez and Rose Sagisi. • Domestic Violence Action Month Proclamation presented to Hollie West, Communications & Events Coordinator with Lumina Alliance. • Hispanic Heritage Month Proclamation presented to Rita Casaverde, Board Member and Assistant to Congressman Carbajal. PUBLIC COMMENT https://youtu.be/lbjCjDlOgrE?t-2192 Shana Paulson, Community Action Partnership, spoke on behalf of We Are the Care Initiative, expressed the importance of childcare our community and shared results from a recent study conducted by BW Research on the economic impacts of the childcare industry in San Luis Obispo County. For more information, contact First 5 of San Luis Obispo County or www.first5slo.orq. Michael Wood, introduced himself as the new principal at Del Mar Elementary shared students are excited to be back in school and thanked parents and families for working hard to make that happen. He expressed appreciation to all the community organizations who helped provide various essentials to the students and thanked Council Members Addis and Ford for their participation in Walk to School Week. Betty Winholtz, Morro Bay, stated that she is saving her public comment for the consent calendar. Mayor Headding closed public comment. A. CONSENT AGENDA https://youtu.be/lbjCIDIOqrE?t=2780 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. A-1 APPROVAL OF MINUTES FOR THE AUGUST 24, 2021, CITY COUNCIL MEETING; (ADMINISTRATION) RECOMMENDATION: Approve as submitted. A-2 APPROVAL OF MINUTES FOR THE SEPTEMBER 14, 2021, CITY COUNCIL MEETING; (ADMINISTRATION) RECOMMENDATION: Approve as submitted. A-3 PROCLAMATION RECOGNIZING "OCTOBER 2021" AS DOMESTIC VIOLENCE ACTION MONTH"; (ADMINISTRATION) RECOMMENDATION: Approved as submitted A-4 PROCLAMATION RECOGNIZING SEPTEMBER 15 - OCTOBER 15, 2021 AS "NATIONAL HISPANIC HERITAGE MONTH"; (ADMINISTRATION) RECOMMENDATION: Approved as submitted A-5 APPOINTMENT OF REPRESENTATIVES ON DISCRETIONARY BOARDS, COUNCIL LIAISON ASSIGNMENTS AND COUNCIL SUB -COMMITTEES; (MAYOR HEADDING) RECOMMENDATION: Review and approve the revised list of appointed representatives to serve on the various County or Regional Discretionary Boards, Council Liaison Assignments and Sub -Committees for the remainder of calendar year 2021. A-6 ADOPTION OF RESOLUTION NO 64-21 APPROVING A LEASE AMENDMENT 1 EXTENDING FOR 3 YEARS THE LEASE AGREEMENT WITH CIANO REAL ESTATE, INC FOR PROPERTY LOCATED AT 781 MARKET AVENUE; (COMMUNITY DEVELOPMENT DEPARTMENT) 2 MINUTES - MORRO BAY CITY COUNCIL MEETING - OCTOBER 12, 2021 RECOMMENDATION: Staff recommends the Council adopt Resolution No. 64-21, approving Amendment 1 of the Ciano Real Estate lease, extending the lease for 3 years for a portion of the City owned property located at 781 Market Avenue (APN: 066-321-027). A-7 ADOPTION OF RESOLUTION NO. 65-21, HONORING THE HISTORICAL AND CULTURAL SIGNIFICANCE OF MORRO BAY FOR THE FILIPINO AMERICAN COMMUNITY; (CITY MANAGER) RECOMMENDATION: Staff recommends the Council adopt Resolution No. 65-21, recognizing the historical and cultural connection between Morro Bay and the Filipino American community, and committing the City to honor this significance through a variety of methods, including, but not limited to, placing the existing historical monument recognizing their arrival to North America in a more prominent location. Mayor Headding opened public comment for the Consent Agenda. https://youtu.be/lbjCjDlactrE?t=2783 Betty Winholtz, Morro Bay, spoke regarding Item A-6, asked why the City used Long Beach CPI for the lease agreement instead of San Francisco CPI which is what the City used in the past for fees. The public comment period was closed. Mayor Headding pulled Item A-6 to allow staff to address public comment and to allow Council Member Ford to recuse herself from this item. MOTION: Council Member Addis moved approval of all items on Consent except Item A-6. The motion was seconded by Council Member Heller for discussion. Following discussion, the motion carried 5-0 by roll call vote. Council Member Ford announced she was recusing herself from A-6 due to a potential conflict of interest with the Ciano Real Estate Inc. Council Member Ford left the zoom meeting at 6.22 pm A-6 ADOPTION OF RESOLUTION NO. 64-21 APPROVING A LEASE AMENDMENT 1 EXTENDING FOR 3 YEARS THE LEASE AGREEMENT WITH CIANO REAL ESTATE, INC FOR PROPERTY LOCATED AT 781 MARKET AVENUE; (COMMUNITY DEVELOPMENT DEPARTMENT) RECOMMENDATION: Staff recommends the Council adopt Resolution No. 64-21, approving Amendment 1 of the Ciano Real Estate lease, extending the lease for 3 years for a portion of the City owned property located at 781 Market Avenue (APN: 066-321-027). The Council and staff responded to issues raised during public comment. MOTION: Mayor Headding moved approval of Item A-6 on Consent. The motion was seconded by Council Member Addis and carried 4-0-1 with Council Member Ford having recused herself due to a potential conflict of interest. Council Member Ford rejoined the zoom meeting at 6:28 p.m. 3 MINUTES - MORRO BAY CITY COUNCIL MEETING - OCTOBER 12, 2021 B. PUBLIC HEARINGS B-1 ADOPT RESOLUTIONS APPROVING 2020 URBAN WATER MANAGEMENT PLAN, WATER SHORTAGE CONTINGENCY PLAN, AND 2015 URBAN WATER MANAGEMENT PLAN APPENDIX G; (PUBLIC WORKS DEPARTMENT) https://youtu.be/lbjCplOcirE?t-3433 Public Works Director Kwolek introduced the item and turned to WSC Consultants Daniel Heilmel and Spencer Waterman who provided the report and responded to Council inquires. Mayor Headding opened the Public Hearing. Mayor Headding opened Public Comment. Mike Taylor, inquired about where state water is stored as referenced in the staff presentation. Betty Winholtz, Morro Bay, restated comments submitted as agenda correspondence and raised questions on how to the City can improve their noticing requirements to renters. S he also raised concerns on why there is no dust control at the WRF project site and inquired why the indirect potable reuse (IPR) reported for the year is so low. The Public Hearing was closed. S taff responded to issues raised during public comment. MOTION: Mayor Headding moved to: 1) Adopt Resolution No. 66-21 approving the 2020 Urban Water Management Plan and authorizing its submittal to the Department of Water Resources; 2) Adopt Resolution No. 67-21 approving the 2020 Water Shortage Contingency Plan and authorizing its submittal to the Department of Water Resources; and 3) Adopt Resolution No. 68-21 approving the 2015 Urban Water Management Plan Appendix G (Reduced Reliance on the Delta) and authorizing its submittal to the Department of Water Resources. The motion was seconded by Council Member Heller and carried 5-0 by roll call vote. C BUSINESS ITEMS C-1 1) APPROVAL OF AMENDMENT TO CONTRACT WITH COGSTONE RESOURCES MANAGEMENT FOR CULTURAL RESOURCES MONITORING FOR THE WATER RECLAMATION FACILITY (WRF) LIFT STATION AND OFFSITE PIPELINES CONSTRUCTION PROJECT; 2) AMENDMENT TO CONTRACT WITH FAR WESTERN ANTHROPOLOGICAL RESEARCH GROUP, INC FOR DATA RECOVERY EXCAVATIONS AT SITE CA-SLO-16 FOR THE WRF LIFT STATION AND OFFSITE PIPELINES CONSTRUCTION PROJECT, AND 3) APPROVAL OF CHANGE ORDER N O 1 TO CONTRACT WITH ANVIL BUILDERS, INC FOR CONSTRUCTION SERVICES FOR THE WATER RECLAMATION FACILITY (WRF) LIFT STATION AND OFFSITE PIPELINES; (PUBLIC WORKS DEPARTMENT) https://youtu.be/lbjCjDlOcirE?t=6381 Public Works Director Kwolek introduced the item and turned to Carollo Project Manager Paul Amico who provided the report and responded to Council inquires. The public comment period for Item C-1 was opened. 4 MINUTES - MORRO BAY CITY COUNCIL MEETING - OCTOBER 12, 2021 Betty Winholtz, Morro Bay, restated comments and questions submitted as agenda correspondence and raised questions on how to the City can improve publishing related documents on the city's website. She also opined on ways the City could have saved money on the project. Mike Taylor raised questions about the archeological and cultural investigations and inquired if they were in the original specification for the project. He also asked if Anvil provided details on the costs associated with labor, materials, overhead and profit. The public comment period for Item C-1 was closed. MOTION: Mayor Headding moved to authorize the City Manager to execute the following: 1) Amendment No. 1 to the agreement with Cogstone Resource Management (Cogstone) for cultural resources monitoring services during construction of the WRF Lift Station and Offsite Pipelines for a total amount of $740,803 22, which includes $155,970 of optional, as -needed services for cultural resources monitoring, as directed by the City's Public Works Director, resulting in a total not to exceed amount of $1,005,721.22 2) Amendment No. 6 to the agreement with Far Western Anthropological Research Group, Inc. (Far Western) for data recovery excavations at cultural resources site CA-SLO-16, as identified in the Project EIR, and also known as construction Phase 2B of the Conveyance Facilities Project as outlined in the Programmatic Agreement between Environmental Protection Agency (EPA) and the State Historic Preservation Office (SHPO) regarding the City of Morro Bay WRF Project for the amount of $463,086, which includes $146,824 of optional as -needed services for the Phase 2B data recovery excavations, as directed by the City's Public Works Director, resulting in a total not to exceed amount of $806,165.01. 3) Authorize the City Manager to execute contract change order (CCO) No. 1 to the agreement with Anvil Builders, Inc. (Anvil) for construction of the WRF Conveyance Facilities for the amount of $674,485.00, resulting in a total not to exceed amount of $32,168,160. The motion was seconded by Council Member Barton and carried 4-1 by roll call vote with Council Member Heller opposed. C-2 RECEIVE SB 1383 SHORT-LIVED CLIMATE POLLUTANTS: ORGANICS WASTE REDUCTIONS UPDATE AND ADOPT RESOLUTION NO 69-21 REAFFIRMING COMMITMENT TO REMAIN A MEMBER OF THE SAN LUIS OBISPO COUNTY INTEGRATED WASTE MANAGEMENT AUTHORITY;(PUBLIC WORKS DEPARTMENT) https://voutu.be/lbjCjD1OcirE?t-9322 Public Works Director Kwolek and IWMA Interim Executive Director Patti Toews provided the report and responded to Council inquires. The public comment period for Item C-2 was opened, seeing none, the public comment period was closed. MOTION: Council Member Heller moved to: 1) Receive the SB 1383 update and provide comments or direction to staff as appropriate; 2) Direct staff to analyze the cost impact to the City to implement SB 1383 and bring forward a recommendation to fund these additional costs and 3) Adopt Resolution No. 69-21 reaffirming 5 MINUTES - MORRO BAY CITY COUNCIL MEETING - OCTOBER 12, 2021 commitment to remain a member of the San Luis Obispo County Integrated Waste Management Authority. The motion was seconded by Council Member Addis for discussion. Following discussion, the motion carried 5-0 by roll call vote. D COUNCIL DECLARATION OF FUTURE AGENDA ITEMS https://youtu.be/lbjCiDIOqrE?t=11311 Council Member Heller requested an agenda item to discuss an update on the Natural Healing Center due to the litigation that took place in San Luis Obispo as well as an update on the vetting process that the City went through and where the City stands currently. City Attorney Neumeyer informed Council that staff is in the process of doing an internal review and not to comment until the review is complete. Following discussion, City Attorney advised if results are reportable, a general update will be made available to Council and public as appropriate. The Mayor supported the request. E. ADJOURNMENT The meeting adjourned at 8:43 p.m. Recorded by: Heather Goodwin Deputy City Clerk jvie/0/w 6 MINUTES - MORRO BAY CITY COUNCIL MEETING - OCTOBER 12, 2021