HomeMy WebLinkAboutCC_2022-08-23 Regular Meeting MinutesMINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING – AUGUST 23, 2022
VETERAN’S MEMORIAL HALL /
TELECONFERENCE – 5:30 P.M.
Pursuant to Assembly Bill 361 (2021-22) and Government Code section 54953 this Meeting will
be conducted in a hybrid format with both in-person and virtual public participation.
PRESENT: John Headding Mayor
Dawn Addis Council Member
Laurel Barton Council Member
Jennifer Ford Council Member
Jeff Heller Council Member
ABSENT: None
STAFF: Scott Collins City Manager
Chris Neumeyer City Attorney
Dana Swanson City Clerk
Sarah Johnson-Rios Assistant City Manager/Admin Services Dir.
Greg Kwolek Public Works Director
Scot Graham Community Development Director
Daniel McCrain Fire Chief
Eric Endersby Harbor Director
Amy Watkins Police Commander
Eric Riddiough City Engineer
Nancy Hubbard Contract Planner
Paul Amico WRF Program Manager
ESTABLISH QUORUM AND CALL TO ORDER
Mayor Headding called the meeting to order at 5:30 p.m., with all but Council Member Barton
present. Council Member Barton joined the meeting at 5:33 p.m.
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.
MAYOR & COUNCILMEMBERS’ REPORTS, ANNOUNCEMENTS & PRESENTATIONS
https://youtu.be/LeW-lmAkK2k?t=167
CITY MANAGER REPORTS, ANNOUNCEMENTS AND PRESENTATIONS
https://youtu.be/LeW-lmAkK2k?t=671
PRESENTATIONS
https://youtu.be/LeW-lmAkK2k?t=865
• Lighthouse Century Bicycling Event Presentation by Mary Ann Gustafson
PUBLIC COMMENT
https://youtu.be/LeW-lmAkK2k?t=1226
AGENDA NO: A-2 MEETING DATE: September 27, 2022
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MINUTES - MORRO BAY CITY COUNCIL MEETING – AUGUST 23, 2022
Paul Donnelly, Morro Bay, congratulated the City on its $9.3 Million grant award and asked when
the $41 surcharge would end.
Rigmor, Morro Bay, commented on various topics.
Linda Winters, Morro Bay, spoke regarding the importance of a mobile home rent control
ordinance.
Sarah Robinson, Morro Bay, announced her candidacy for City Council.
Susan Stewart, Member of Historical Society of Morro Bay, announced an upcoming meeting and
discussion on historic preservation to be held Sunday, August 28th at 3:00p.m. at Calvary Lutheran
Church.
Betty Winholtz, Morro Bay, asked what progress had been made to display flyers and information
on the screen and when residents would have an opportunity to provide input regarding Coleman
Park improvements.
Aaron Ochs, Morro Bay, commented on issues he’s observed that are impeding public comment.
Allen Hoshtetler, Morro Bay, spoke against Item B-1.
Zara Landrum, Morro Bay, announced her candidacy for City Council.
Mayor Headding closed public comment.
The Council and staff responded to issues raised during public comment.
A. CONSENT AGENDA
https://youtu.be/LeW-lmAkK2k?t=2547
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 RESOLUTION MAKING FINDINGS RELATED TO THE CONTINUED EXISTENCE OF A
STATE OF EMERGENCY DUE TO COVID-19 AND RE-AUTHORIZING FOR PUBLIC
HEALTH AND SAFETY THE CONDUCT OF PUBLIC MEETINGS OF THE LEGISLATIVE
BODIES OF THE CITY VIA REMOTE TELECONFERENCING (INCLUDING PARTIALLY
REMOTE) FOR A 30-DAY PERIOD PURSUANT TO THE RALPH M. BROWN ACT AS
AMENDED BY ASSEMBLY BILL NO. 361; (CITY ATTORNEY)
RECOMMENDATION: Staff recommends Council consider adoption of attached
Resolution No. 78-22 reauthorizing for public health and safety the conduct of
public meetings of the legislative bodies of the City via remote teleconferencing
(including partially remote) for 30 days, thereby allowing the City Council and the
City’s advisory bodies to meet remotely (including partially remote) through
September 22, 2022.
With approval of this motion and until such further notice, City Council and advisory
bodies will continue to hold their meetings in public at the Veterans Hall, with the
option for individual Councilmembers and advisory body members to
teleconference.
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MINUTES - MORRO BAY CITY COUNCIL MEETING – AUGUST 23, 2022
A-2 APPROVAL OF SB1 FUNDING PROJECT LIST FOR FY 22/23 PAVEMENT
MANAGEMENT PLAN PROJECT; (PUBLIC WORKS DEPARTMENT)
RECOMMENDATION: Adopt Resolution No. 79-22 approving the Fiscal Year
2022/23 project list for use of Senate Bill 1 (Road Repair and Accountability Act of
2017) Road Maintenance and Rehabilitation Account (RMRA) funds.
A-3 CONSIDERATION OF A FREE PUBLIC CONCERTS AT TIDELANDS PARK IN
PARTNERSHIP WITH MORRO BAY SENIOR CENTER, INC.; (CITY
MANAGER/RECREATION SERVICES)
RECOMMENDATION: Staff recommends City Council approve a proposed free
public concert series in fall of 2022 at Tidelands Park and direct staff to move
forward with the support and planning for such a series in partnership with Morro
Bay Senior Center, Inc. (MBSCI) and return to City Council at fiscal Midyear with a
budget amendment to cover City costs up to $10,000.
A-4 DESIGNATION OF VOTING DELEGATE AND ALTERNATE(S) AT LEAGUE OF
CALIFORNIA CITIES 2022 ANNUAL CONFERENCE BUSINESS MEETING; AND,
AUTHORIZE THE VOTING DELEGATES TO APPROVE PROPOSED CAL CITIES
BYLAWS AMENDMENTS; (CITY CLERK)
RECOMMENDATION: Staff recommends the City Council:
1) Select Mayor Headding, as the voting delegate, and Council Members Barton
and Ford, as the alternate voting delegates, for the upcoming annual business
meeting to be held at the League of California Cities Annual Conference; and 2)
Authorize City Clerk to sign the League of California Cities’ form affirming the
selection of the voting delegate and the alternate voting delegates (page 4 of
Attachment 1); and 3) Authorize the selected voting delegate (or selected alternates
as needed) to approve the proposed Bylaws Amendments provided as Attachment
2.
Mayor Headding opened public comment for the Consent Agenda.
https://youtu.be/LeW-lmAkK2k?t=2555
Betty Winholtz, Morro Bay, commented on Items A-2 & A-3.
The public comment period was closed.
Mayor Headding pulled Item A-2 & A-3.
MOTION: Council Member Addis moved approval of Items A-1 and A-4. The motion was
seconded by Council Member Barton and carried 5-0 by roll call vote.
A-2 APPROVAL OF SB1 FUNDING PROJECT LIST FOR FY 22/23 PAVEMENT
MANAGEMENT PLAN PROJECT; (PUBLIC WORKS DEPARTMENT)
https://youtu.be/LeW-lmAkK2k?t=2735
Staff responded to questions raised during public comment.
A-3 CONSIDERATION OF A FREE PUBLIC CONCERTS AT TIDELANDS PARK IN
PARTNERSHIP WITH MORRO BAY SENIOR CENTER, INC.; (CITY
MANAGER/RECREATION SERVICES)
https://youtu.be/LeW-lmAkK2k?t=2897
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MINUTES - MORRO BAY CITY COUNCIL MEETING – AUGUST 23, 2022
Staff responded to questions raised during public comment.
MOTION: Mayor Headding moved approval of Items A-2 and A-3. The motion was
seconded by Council Member Addis and carried 5-0 by roll call vote.
B. PUBLIC HEARINGS
B-1 AN APPEAL WAS FILED MAY 24, 2022, IN RESPONSE TO PLANNING COMMISSIONS
DENIAL ON MAY 17, 2022, OF CONDITIONAL USE PERMIT (CUP19-20), COASTAL
DEVELOPMENT PERMIT (CDP19-047) AND VARIANCE REQUEST (VAR20-001); FOR
A SMALL NEW HOME ON A RESIDENTIALLY ZONED PARCEL. THE APPELLANT IS
REQUESTING THE PROJECT BE RECONSIDERED BY CITY COUNCIL AND THE
PLANNING COMMISSION DECISION OVERTURNED. THE PROJECT SITE IS IN THE
R-1/PD WITH A PORTION IN THE WF/PD ZONING DISTRICT AND IS LOCATED
WITHIN THE COASTAL COMMISSION APPEAL JURISDICTION; (COMMUNITY
DEVELOPMENT DEPARTMENT)
https://youtu.be/LeW-lmAkK2k?t=2989
Contract Planner Hubbard provided the report and responded to Council inquiries.
Mayor Headding opened the Public Hearing.
Mayor Headding opened public comment.
https://youtu.be/LeW-lmAkK2k?t=4623
Sandy Bean, property owner/Applicant/Appellant requested to speak at the end of public
comment.
Betty Winholtz, Morro Bay, spoke against the project and requested simulation pictures
be displayed on screen.
Randolph Watkins spoke in support of the project.
Susan Stewart voted in favor of the project as the Planning Commission Chair and urged
the Council to uphold the appeal and overturn Planning Commission’s denial of the
project.
Terry Simons, Morro Bay, urged the City Council to approve the project.
Bob Crizer, speaking on behalf of the applicant, addressed concerns raised by previous
speakers and requested the Council approve the project.
Allen Hoshtetler, Morro Bay, expressed concerns regarding potential fire hazards.
Krista Jeffries, advocate for affordable housing in San Luis Obispo County, offered
comments and stated denial of the project would be inconsistent with the City’s housing
goals.
Craig Shaffer, owner of Bayfront Marina, shared concerns but was supportive of a project
that fit within the property lines.
Sandy Bean, Applicant/Appellant, responded to questions raised during public comment.
The public comment period and Public Hearing were closed.
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MINUTES - MORRO BAY CITY COUNCIL MEETING – AUGUST 23, 2022
Council Member Heller expressed safety concerns regarding traffic along that section of
Main Street and parking constraints for the subject property and downslope property
owners.
MOTION: Council Member Ford moved to uphold the appeal and overturn the
Planning Commission denial of the CUP/CDP/VAR approving the project
pursuant to the findings and conditions of approval included in Attachment
1. The motion was seconded by Council Member Addis and carried 4-1 by
roll call vote with Council Member Heller opposed.
The Council took a brief recess at 7:40 p.m. The meeting reconvened at 7:47 p.m. with all
members present.
C. BUSINESS ITEMS
C-1 LAND USE & ZONING MAP AUTHORIZATION; (COMMUNITY DEVELOPMENT
DEPARTMENT)
https://youtu.be/LeW-lmAkK2k?t=8346
Community Development Director Graham provided the report and responded to Council
inquiries.
The public comment period for Item C-1 was opened.
https://youtu.be/LeW-lmAkK2k?t=10963
John Hinchey, Steiner Development, hoped to build 40-70 units on the Seashell Cove
and, if the item was approved, would begin preparing site plans.
Dan Shepard looked forward to the opportunity to partner with the City to turn this difficult
parcel into an asset for the city.
Mike Martz echoed Mr. Shepard’s comments and was excited to partner with the City in
this effort.
Paul Donnelly, Morro Bay, appreciated the Planning Commission’s discussion on this
subject and opposed the item, stating the terrain was not conducive to development.
Betty Winholtz, Morro Bay, voiced her opposition to the proposed change in zoning prior
to a project being submitted.
Linda Donnelly, Morro Bay, opposed the change in zoning and restated the Planning
Commission’s recommendation a project be submitted prior to approval.
Jeff Eckles, Morro Bay, spoke regarding the need for workforce housing and urged the
Council to adopt the zoning amendments.
The public comment period for Item C-1 was closed.
MOTION: Mayor Headding moved to direct staff to work on processing of a change to
the General Plan/LCP Coastal Land Use Map and Zoning Map for the
properties north of Hwy 1 and west of South Bay Blvd from Low Density
Residential to Medium Density Residential; and direct staff to return with a
Midyear Budget Amendment to authorize $13,900 in General Fund
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MINUTES - MORRO BAY CITY COUNCIL MEETING – AUGUST 23, 2022
expenditures for this year, and recommend an ad hoc committee be formed,
including members of the City Council, Planning Commission, City staff, and
Chamber to meet with developers interested in developing on these parcels to
discuss how to incorporate concerns raised by the Chamber and Planning
Commission in their plans for development. The motion was seconded by
Council Member Addis for discussion.
Following discussion, the motion carried 3-2 by roll call vote with Council Members Barton
and Heller opposed.
C-2 APPROVE WRF CONTRACT AMENDMENTS AND REVIEW AND COMMENT ON
FISCAL YEAR 21-22 Q4 WRF QUARTERLY REPORT; (PUBLIC WORKS
DEPARTMENT)
https://youtu.be/LeW-lmAkK2k?t=12849
Public Works Director Kwolek and Water Reclamation Facility Program Manager Amico
provided the report and responded to Council inquiries.
MOTION: Council Member Addis moved the meeting go past 9:30 p.m. to a time
uncertain. The motion was seconded by Council Member Ford and carried
5-0 by roll call vote.
The public comment period for Item C-2 was opened.
https://youtu.be/LeW-lmAkK2k?t=14430
Paul Donnelly, Morro Bay, raised several questions and asked if all special conditions of
the Coastal Commission permit had been satisfied.
Betty Winholtz, Morro Bay, questioned whether other Public Works functions would be
conducted onsite, stating those operations should not be paid from water and sewer fees.
Linda Donnelly, Morro Bay, raised several questions regarding the report and WRF
Project.
The public comment period for Item C-2 was closed.
Staff responded to questions raised during public comment.
MOTION: Council Member Addis moved review and provide input on the Fiscal Year
(FY) 21-22 4th Quarter (Q4) WRF Quarterly Report and authorize the City
Manager to execute the following Water Reclamation Facility (WRF) contract
amendments:
1. Amendment No. 4 to the agreement with Waterworks Engineers
(Waterworks) for engineering services during construction of the WRF Lift
Station and Offsite Pipelines for a total amount of $108,706 and to extend
the contract expiration date to December 31st, 2022, resulting in a total not
to exceed amount of $2,540,113.
2. Amendment No. 7 to the agreement with Carollo Engineers, Inc. (Carollo)
for Program Management Services for the Water Reclamation Facility
Program for a total of $1,700,000 resulting in a total not to exceed amount
of $13,508,401.
3. Amendment No. 2 to the agreement with Kevin Merk Associates (KMA) for
biological monitoring, reporting, and mitigation services the WRF Lift
Stations and Offsite Pipelines construction for a total of $15,000 resulting
in a total not to exceed amount of $86,310 for KMA.
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MINUTES - MORRO BAY CITY COUNCIL MEETING – AUGUST 23, 2022
4. Amendment No. 5 to the agreement with Anvil Builders, Inc. (Anvil) for the
WRF Lift Stations and Offsite Pipelines construction for $1,253,667, which
results in a total not to exceed contract value for Anvil of $34,196,581.
5. Revised Amendment No. 7 to the agreement with FBV Morro Bay Joint
Venture (FBV) for the Water Reclamation Facility Construction project for
$359,885 (not including PCO’s #103, 106 & 107), increasing the
Guaranteed Maximum Price (GMP) to $77,057,879.
The motion was seconded by Council Member Barton and carried 4-1 by roll call vote with
Council Member Heller opposed.
C-3 CONSIDERATION OF CALIFORNIA STATE REVOLVING FUND (SRF) LOW-INTEREST
LOAN AMENDMENT TO INCREASE MAXIMUM CONSTRUCTION LOAN AMOUNT TO
$87,770,000 FOR THE WATER RECLAMATION FACILITY (WRF) AND REVIEW
CHANGES IN WRF PROJECT COSTS; (CITY MANAGER/ADMIN SERVICES
DEPARTMENT/PUBLIC WORKS DEPARTMENT)
https://youtu.be/LeW-lmAkK2k?t=15241
City Manager Collins, WRF Program Manager Amico and Assistant City Manager/Admin
Services Director Johnson-Rios provided the report and responded to Council inquiries.
The public comment period for Item C-3 was opened.
https://youtu.be/LeW-lmAkK2k?t=16544
Paul Donnelly, Morro Bay, believed the standard of care was not followed and suggested
an audit may be needed.
Linda Donnelly, Morro Bay, inquired about annual repayment obligations and when an
audit of all WRF expenses would occur.
The public comment period for Item C-3 was closed.
MOTION: Mayor Headding moved to adopt Resolutions Nos. 80-22 and 81-22 to support
an application for a State Revolving Fund construction loan amendment in the
amount of $21,172,000 to cover the full Water Reclamation Facility program
cost and authorize a maximum SRF construction loan amount of $87,770,000;
and review changes in WRF project costs over the life of the project. The
motion was seconded by Council Member Barton and carried 5-0 by roll call
vote.
C-4 APPROVAL OF WATER RECLAMATION FACILITY INDIRECT POTABLE REUSE
PROGRAM UPDATE AND AUTHORIZATION OF A CONTRACT AMENDMENT WITH
CONFLUENCE ENGINEERING SOLUTIONS; (PUBLIC WORKS DEPARTMENT)
https://youtu.be/LeW-lmAkK2k?t=17119
Public Works Director Kwolek and Dan Heimel of Confluence Engineering Solutions
provided the report and responded to Council inquiries.
The public comment period for Item C-4 was opened.
https://youtu.be/LeW-lmAkK2k?t=18207
Paul Donnelly, Morro Bay, raised questions regarding the report.
Linda Donnelly, Morro Bay, raised questions regarding the report and increased project
costs.
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MINUTES - MORRO BAY CITY COUNCIL MEETING – AUGUST 23, 2022
The public comment period for Item C-4 was closed.
Staff responded to questions raised during public comment. MOTION: Council Member Addis moved to approve Confluence Engineering Solutions’ proposal to provide IPR Program Management, WRF and Engineering Support Services for Fiscal Year (FY) 2022/23 and authorize a contract amendment in the amount of $582,619 for a not to exceed contract amount of $627,619. The motion was seconded by Mayor Headding and carried 4-1 by roll call vote with Council Member Heller opposed.
D. COUNCIL DECLARATION OF FUTURE AGENDA ITEMS
https://youtu.be/LeW-lmAkK2k?t=19134
Council Member Heller requested and received support for review of inclusionary housing
requirements that establish the 10% requirement, and gradients of low and very low
income.
Council Member Ford requested a status update on the Ironman event. Mr. Collins offered
to provide an update via the City Manager Update.
E. ADJOURNMENT
The meeting adjourned at 10:51 p.m.
Recorded by:
Dana Swanson
City Clerk
Dana Swanson (Oct 10, 2022 14:55 PDT)
Dana Swanson
A2 CC_2022-08-23 Regular Meeting
Minutes_v2
Final Audit Report 2022-10-10
Created:2022-10-10
By:Heather Goodwin (hgoodwin@morrobayca.gov)
Status:Signed
Transaction ID:CBJCHBCAABAACzr5khjFZlsY9lxs41GHlf0yPX4lDYZ8
"A2 CC_2022-08-23 Regular Meeting Minutes_v2" History
Document created by Heather Goodwin (hgoodwin@morrobayca.gov)
2022-10-10 - 9:51:17 PM GMT
Document emailed to Dana Swanson (dswanson@morrobayca.gov) for signature
2022-10-10 - 9:51:47 PM GMT
Email viewed by Dana Swanson (dswanson@morrobayca.gov)
2022-10-10 - 9:52:31 PM GMT
Document e-signed by Dana Swanson (dswanson@morrobayca.gov)
Signature Date: 2022-10-10 - 9:55:23 PM GMT - Time Source: server
Agreement completed.
2022-10-10 - 9:55:23 PM GMT