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Home My WebLink AboutCC_2024-08-13 Regular Meeting Minutes 1 MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING August 13, 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 Public Works Director Greg Kwolek Community Development Director Airlin Singewald Police Chief Amy Watkins Fire Chief Dan McCrain City Engineer Cynthia Cecil IPR Program Manager Dan Heimel _____________________________________________________________________ 1. ESTABLISH QUORUM AND CALL TO ORDER Mayor Wixom established a quorum and called the meeting to order at 5:34 p.m. with all members present. 2. MOMENT OF SILENCE 3. PLEDGE OF ALLEGIANCE 4. REPORTS 4.a Closed Session Report https://youtu.be/WbWJwyVj0EE?si=aZMcW74z2sgzJObI&t=84 City Attorney Neumeyer reported the Council met in Closed Session and, regarding Item 4.a, a review with real property negotiators for the property generally known as the wastewater treatment facility, the Council directed that, while no reportable action was taken, the Council had a productive discussion and continues to move forward working with Cayucos figuring out what to do with the site. Regarding Item 4.b., pursuant to the receipt of a Brown Act cure and correct letter that Council received for the closed session meeting held July 10, 2024, the Council directed that a response 2 be sent to the sender of that letter reaffirming no final action was taken and that any Community Benefits Agreement that the Council potentially could pass would be pursuant to review at a public meeting, public input would be sought, that no community benefit agreemen t was made by City Council, and that the response authorized to be sent back to Vistra was tentative and non-binding. 4.b Mayor and Councilmembers' Reports, Announcements and Presentations https://youtu.be/WbWJwyVj0EE?si=YOTpneKfZdw6tPZz&t=174 4.c City Manager Reports, Announcements and Presentations https://youtu.be/WbWJwyVj0EE?si=VlKdNX3BPqoFXtB_&t=598 4.d Subcommittee Reports https://youtu.be/WbWJwyVj0EE?si=qnoBNxClax6r9U9u&t=644 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 Morro Bay Chamber of Commerce Quarterly Review https://youtu.be/WbWJwyVj0EE?si=CBbVbQneq2z3XLv6&t=1093 Presented by Interim CEO, Jocelyn Brennan. 6. PUBLIC COMMENT  Ed Spera, Morro Bay, lobbied for traffic controls and restriping to improve bicycle and pedestrian safety along Main Street near Olive.  Aaron Ochs, Morro Bay, disputed comments in an opinion piece written in opposition to Measure A-24 and urged caution in how the City approaches revenue generating projects.  Tina Metzger, Morro Bay, restated her written comments to Council requesting the Council direct staff to establish development standards for siting battery energy storage systems in our town and sphere of influence, and prepare an ordinance temporarily pausing any new battery storage project applications from being accepted as an urgency measure to protect public health, safety and welfare. 3  Linda Winters, Morro Bay, was inspired by the Olympics and shared the original start location for the Boston Marathon was in her small hometown.  Rachel Wilson, Cayucos, shared her appreciation for information gleaned from the August 2, 2024 Coastal Commission letter regarding the proposed BESS Project.  An unnamed person offered comments.  Michelle Leicester-Cadaret, Morro Bay, commented on the potential ratepayer impacts to cover the cost for extending Diablo Canyon and urged the Council to offer the Community Center as a venue where State officials can hold meetings on this topic.  Betty Winholtz, Morro Bay, shared photos and concerns regarding tree pruning in Monte Young Park. End of public comment. The Council took a brief recess at 6:36 p.m. and reconvened at 6:44 p.m. with all members present. 7. CONSENT AGENDA https://youtu.be/WbWJwyVj0EE?si=NEryrlyVzK7drA_z&t=4233 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 period was closed. Motion by Council Member Landrum Seconded by Council Member Ford Approve Consent Agenda Items 7.a. through 7.d. as presented. 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 Approve as submitted. a. June 25, 2024 - Special Closed Session Meeting b. July 10, 2024 - Special Closed Session Meeting c. July 23, 2024 - Special Closed Session Meeting 4 7.b Adoption of Resolution No. 52-24 Authorizing the Public Works Director to Sign Planning Loan Amendments Adopt Resolution No. 52-24 authorizing the Public W orks Director to Sign Planning Loan Amendments. 7.c Status Update on Substantial Completion for the Water Tank Rehabilitation Project; and, Authorize Funding Reallocation Back to Water Fund 1. Receive and file this status update on substantial completion. 2. Authorize reallocation back to the Water Fund of remaining unexpended project funds not necessary for project completion. 7.d Determination of Public Convenience or Necessity for ABC License - 501 Embarcadero Road, Estero Inn Make the Determination of Public Convenience or Necessity to approve the request to allow sales of alcohol for off sale beer and wine type 42 license for Estero Inn at 501 Embarcadero Road; and direct staff to provide the applicant with a letter of support. 8. PUBLIC HEARING ITEMS 8.a Ad option of Resolution No. 53-24 approving Major Revision #MAJ24- 001 to Conditional Use Permit #CUP22-09 at 801 Embarcadero for redevelopment of the Libertine Brewing site (Lease site 86/86W) and public access improvements https://youtu.be/WbWJwyVj0EE?si=Vs1XBn31bLq2GQXb&t=4295 Community Development Director Singewald presented the report and responded to Council inquiries. Mayor Wixom opened the public hearing for Item 8.a. https://youtu.be/WbWJwyVj0EE?si=3t60TbaUmL4oDjDm&t=5157  Eric Newton spoke on behalf of the project development team, sharing his appreciation for a collaborative effort that has maximized the project. He responded to parking concerns, asked the Council to support development of the plaza area, and offered to answer any questions. Mayor Wixom opened public comment.  Betty Winholtz, Morro Bay, preferred a hard surface in the plaza area and was disappointed in the Planning Commission's approval of using DG. She requested additional changes to the resolution as submitted in agenda correspondence. End of public comment. 5 Mr. Newton responded to Council questions. Motion by Mayor Wixom Seconded by Council Member Edwards Adopt Resolution No. 53-24, for approval of Major Revision #MAJ24-001 to Conditional Use Permit (CUP) #CUP22-09 to remove the City Council added condition to defer public plaza improvements and require the proposed public plaza be added prior to final occupancy to be consistent with Coastal Commission conditions placed on the Coastal Development Permit (CDP), located at 801 Embarcadero. Ayes (5): Mayor Wixom, Council Member Landrum, Council Member Barton, Council Member Edwards, and Council Member Ford CARRIED (5 to 0) 9. BUSINESS ITEMS 9.a Professional Services Agreement for Hydrogeologic Support for the Recycled Water Program at the Morro Basin Extraction Well Project https://youtu.be/WbWJwyVj0EE?si=PTWM_NZq9JUGLGCX&t=6336 Public Works Director Kwolek and IPR Program Manager Dan Heimel presented the report and responded to Council inquiries. Mayor Wixom opened public comment for Item 9.a. https://youtu.be/WbWJwyVj0EE?si=7poWZwqbNvC90wzi&t=7679  Betty Winholtz, Morro Bay, asked what evidence existed to support the need for three wells, how much land would be needed for those wells, and an explanation of recycling vs. extraction wells.  Bill Luffee, Morro Bay, asked if these contracts were for consulting/engineering or construction.  Linda Donnelly, Morro Bay, questioned the need for more contract amendments and requested an organizational chart showing what each company is expected to accomplish so the public can easily track the money. End of public comment. Staff responded to questions raised during public comment and additional Council inquiries. Motion by Council Member Ford Seconded by Council Member Barton Authorize the City Manager to execute: 6 1. An agreement with GSI Water Solutions, Inc. (GSI) to provide Injection Well Design and Construction Support Services for the Recycled Water Program in an amount not to exceed $493,225, which includes a 10% contingency budget executable by the City Manager. 2. An agreement with GSI to provide Design and Construction Support Services for the Morro Basin Extraction Well project in an amount not to exceed $184,352, which includes a 10% contingency budget executable by the City Manager. Ayes (5): Mayor Wixom, Council Member Landrum, Council Member Barton, Council Member Edwards, and Council Member Ford CARRIED (5 to 0) 10. COUNCIL DECLARATION OF FUTURE AGENDA ITEMS https://youtu.be/WbWJwyVj0EE?si=ya6O8N2F8fEtC69e&t=9056 Council Member Landrum requested the policy allowing for use of public facilities at no charge be amended to allow council members not running for office to use city facilities for town hall meetings during election season. City Manager Kimball suggested the Council could either amend the policy, or specifically authorize an exception to approve use of city facilities free of charge on specific dates. 11. ADJOURNMENT The meeting adjourned at 8:13 p.m. /s/ Dana Swanson, City Clerk