CITY OF MORRO BAY
Notice of Special Meeting of the City Council
Amended Agenda
Tuesday, December 10, 2024, 4:00 p.m.
Veterans Memorial Hall, 209 Surf St., Morro Bay, CA
Public Participation
Public participation is offered in the following ways:
• Community members may attend the meeting in person at the Morro Bay Veterans Hall.
Alternatively, members of the public may watch the meeting and speak during general Public Comment or on a specific agenda item by logging into the Zoom webinar using the information provided below. Please use the "raise hand" feature to indicate your desire to provide public comment.
•
Zoom webinar link:
https://us02web.zoom.us/j/82722747698?pwd=aWZpTzcwTHlRTk9xaTlmWVNWRWFU QT09
•
• Password: 135692
Or Telephone Attendee: 1 (408) 638-0968 or 1 (669) 900-6833 or 1 (346) 248-7799; Webinar ID: 827 2274 7698; Password: 135692: Press *9 to raise hand for public comment.
•
• Meetings are also broadcast on cable Channel 20 and streamed on the City's website.
Community Members are encouraged to submit agenda correspondence via email to the City Council at [email protected] prior to the meeting. Agenda correspondence received by 10:00 a.m. on the meeting day will be posted on the City website. •
Pages
1. ESTABLISH QUORUM AND CALL TO ORDER
2. PUBLIC COMMENT FOR ITEMS ON THE AGENDA
3. SPECIAL MEETING AGENDA ITEM(S)
3.a RESOLUTION DECLARING RESULTS OF THE NOVEMBER 5, 2024
GENERAL MUNICIPAL ELECTION, AND ADOPTION OF ORDINANCE
NO. 659 (MEASURE A-24)
1 City Clerk
Recommended Action
Adopt Resolution No. 72-24 declaring the results of the November 5, 2024, General Municipal Election, and
1. Direct staff to update the language in the General Plan consistent with Measure A-24 with all due haste, and
2. Direct staff to initiate the process for a Zoning Code amendment to indicate that changing the land use designation for the specific parcels requires voter approval in accordance with Measure A-24.
3. 3.b COMMENTS BY CURRENT MAYOR AND COUNCIL MEMBERS
3.c OATH OF OFFICE FOR MAYOR-ELECT, CARLA WIXOM, AND
COUNCIL MEMBERS-ELECT, JEFF ECKLES AND BILL LUFFEE
3.d COMMENTS BY NEWLY ELECTED MAYOR AND COUNCIL
MEMBERS
4. ADJOURN
/s/ Carla Wixom, Mayor
This agenda is subject to amendment up to 24 hours prior to the date and time set for the meeting. Please refer to the agenda posted at City Hall, 595 Harbor Street, Morro Bay, CA 93442 for any revisions or call the Clerk's office at (805) 772-6205 for further information.
In compliance with the Americans with Disabilities Act, if you need special assistance to participate in a City meeting, please contact the City Clerk's office at (805) 772-6205 or [email protected] at least 24 hours prior to the meeting to ensure reasonable arrangements can be made to provide accessibility to the meeting.
Prepared By: _DS_____
City Manager Review: ___YK___ City Attorney Review: __LNL__ Staff Report
TO: Honorable Mayor and City Council DATE: December 5, 2024 FROM: Dana Swanson, City Clerk
SUBJECT: Resolution Declaring Results of the November 5, 2024 General Municipal Election, and Adoption of Ordinance No. 659 (Measure A-24)
RECOMMENDED ACTION
1. Adopt Resolution No. 72-24 declaring the results of the November 5, 2024, General Municipal Election, and
2. Direct staff to update the language in the General Plan consistent with Measure A-24 with all due haste.
3. Direct staff to initiate the process for a Zoning Code amendment to indicate that changing the land use designation for the specific parcels requires voter approval in accordance with Measure A-24.
ALTERNATIVES
No alternatives are recommended.
FISCAL IMPACT
There is no fiscal impact associated with this action.
BACKGROUND/DISCUSSION
On November 5, 2024, a General Municipal Election was conducted in the City of Morro Bay for the purpose of electing a Mayor and two Members of the City Council, and for the submission to the voters of a question whether to amend Plan Morro Bay (General Plan / Local Coastal Program) in order to prohibit, unless approved by voters, any changes to land use designations of Visitor-Serving Commercial and/or Commercial/Recreational Fishing, for approximately 103 acres of real property (including the harbor east of Morro Rock, 63 acres of former power plant portions along sides of Embarcadero Road from Beach Street to Atascadero Road, and along Coleman Drive) (Measure A24). In accordance with Resolution Nos. 61-23, 62-23, 35-24, 36-24, and 37-24, the City’s election was consolidated with the Statewide General Election that was conducted on the same day by the County of San Luis Obispo. The County Clerk-Recorder was responsible for canvassing all votes cast and certifying the election results.
Total voter registration for the City of Morro Bay was 8,182 and the number of total ballots cast was 6,987 resulting in an 85.39% voter turnout. For the first time in Morro Bay’s history, uncontested races were held to fill both the Mayor and two Council Member seats.
AGENDA NO: 3.a
MEETING DATE: December 10, 2024
Results of the election are as follows:
Mayor (Vote for 1):
Carla Wixom received 5,076 votes (100% of votes cast for this office) City Council (Vote for 2):
Jeff Eckles received 4,152 votes (58.28% of votes cast) Bill Luffee received 2,972 votes (41.72% of votes cast) Measure A-24 – Morro Bay’s General Plan Amendment
The following question was submitted to Morro Bay’s registered voters at the November 5, 2024 General Municipal Election as proposed Ordinance No. 659:
Shall the measure, to amend Plan Morro Bay (General Plan / Local Coastal Program) in order to prohibit, unless approved by voters, any changes to land use designations of VisitorServing Commercial and/or Commercial/Recreational Fishing, for approximately 103 acres of real property (including by the harbor east of Morro Rock, 63 acres of former power plant, portions along sides of Embarcadero Road from Beach Street to Atascadero Road, and along Coleman Drive), be adopted? YES
NO
Answer Votes Received Vote Percentage
Yes 3,940 59.92%
No 2,635 40.08%
A majority of the voters voting on Measure A-24 did vote in favor of it, the measure was carried and shall be deemed adopted and go into effect ten days after the vote is declared by the City Council of the City of Morro Bay, pursuant to Elections Code section 9217. Measure A-24 is attached hereto as Exhibit B to Resolution No. 72-24.
The County Clerk-Recorder has conducted the official canvass of the returns of the votes cast in the election and has certified the results. In accordance with California Elections Code Section 10262, the City Council is requested to adopt a Resolution declaring the results of the General Municipal Election and the final Certificates of the Canvass, as shown in Exhibit A to Resolution No. 72-24.
Section 9217 of the Elections Code provides: “If a majority of the voters voting on a proposed ordinance vote in its favor, the ordinance shall become a valid and binding ordinance of the city. The ordinance shall be considered as adopted upon the date that the vote is declared by the legislative body, and shall go into effect 10 days after that date. No ordinance that is either proposed by initiative petition and adopted by the vote of the legislative body of the city without submission to the voters, or adopted by the voters, shall be repealed or amended except by a vote of the people, unless provision is otherwise made in the original ordinance.” Therefore, once the Council declares the results of the election by adoption of Resolution 72-24, Measure A-24 is adopted and becomes effective 10 days thereafter. Staff will need to update the General Plan to reflect the amendments approved by the voters, and it is recommended that the Zoning Code is updated with language to indicate that any amendments to the code that affect the subject parcels requires voter approval, in accordance with Measure A-24. A Zoning Code amendment will require noticed public hearings before the Planning Commission and City Council.
Staff has inquired with California Coastal Commission (CCC) staff regarding the need for CCC approval on an LCP amendment to update the General Plan and Zoning Code to incorporate A-24.
As of the writing of this staff report, City staff has not received a response. If an LCP amendment is
needed, the General Plan and Zoning Code amendments will also require CCC approval.
ATTACHMENTS
1. Resolution No. 72-24 and
a. Exhibit A – Certified Election Results
b. Exhibit B – Ordinance No. 659 (Measure A-24)
RESOLUTION NO. 72-24
RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF MORRO BAY, CALIFORNIA
RECITING THE FACT OF THE GENERAL MUNICIPAL ELECTION
HELD IN THE CITY OF MORRO BAY ON THE 5
th DAY OF NOVEMBER 2024,
DECLARING THE RESULTS THEREOF,
AND SUCH OTHER MATTERS AS PROVIDED BY LAW
T H E C I T Y C O U N C I L
City of Morro Bay, California
WHEREAS, a General Municipal Election was held and conducted in the City of Morro Bay (City), County of San Luis Obispo, State of California, on Tuesday, November 5, 2024, as required by law (the “Election”); and WHEREAS, notice of the Election was duly and regularly given in time, form and manner as provided by law; voting precincts were properly established; election officers were appointed; and in all respects the Election was held and conducted and the votes were cast, received and canvassed and the returns made and declared in time, form and manner as required by the provisions of the Elections Code of the State of California for holding elections in general law cities; and WHEREAS, the San Luis Obispo County Elections Division canvassed the returns of the election and the County Clerk has certified the results to this City Council, and the results are received, attached and made part hereof as Exhibit “A.” NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay, California, as follows:
1. The whole number of votes (ballots) cast in the precincts was 366 and the whole number of vote by mail voter ballots cast in the City was 6,621, making a total of 6,987 votes (ballots) cast in the City.
2. The names of the persons voted for at the Election for Mayor (vote for one (1) Mayor) were as follows:
Carla Wixom
The names of the persons voted for at the Election for Council Member (vote for two (2) Council Members) were as follows:
Bill Luffee
Jeff Eckles
The measure voted upon at the election is as follows:
CITY OF MORRO BAY
MEASURE A-24
Shall the measure, to amend Plan Morro Bay (General Plan / Local Coastal Program) in order to prohibit, unless approved by voters, any changes to land use designations of VisitorServing Commercial and/or Commercial/Recreational Fishing, for approximately 103 acres of real property
(including by the harbor east of Morro Rock, 63 acres of former power plant, portions along sides of Embarcadero Road from Beach Street to Atascadero Road, and along
Coleman Drive), be adopted?
YES
NO
3. The number of votes given at each precinct and the number of votes given in the City to each of the persons above named for the respective offices for which the persons were candidates were as listed in Exhibit “A,” attached.
4. The City Council does declare and determine:
a. CARLA WIXOM was elected as Mayor of the City for the full term of two years;
b. JEFF ECKLES was elected as Council Member of the City for a full term of four years; BILL LUFFEE was elected as Council Member of the City for a full term of four years; and
c. As a result of the election, a majority of the voters voting on Measure A24 relating to a General Plan Amendment voted in favor of the measure, the measure carried and shall be deemed adopted upon the date the vote is declared by the City Council of the City of Morro Bay, and go into effect ten days after the date the vote is declared by the City Council of the City of Morro Bay, pursuant to Election Code section 9217. Measure A-24 (Ordinance No. 659) is attached hereto as Exhibit “B.”
5. The City Clerk shall enter on the records of the City Council of the City, a statement of the result of the Election, showing: (1) the whole number of votes (ballots) cast in the City, (2) the names of the persons voted for, (3) for what office each person was voted for, (4) the number of votes given at each precinct to each person and (5) the total number of votes given to each person.
6. The City Clerk shall make and deliver to each of such persons so elected a Certificate of Election signed by the City Clerk and authenticated; and the City Clerk shall administer to each person elected, the Oath of Office prescribed in the State Constitution of the State of California and shall have them subscribe to it and file it in the office of the City Clerk. Each and all of the persons so elected shall then be inducted into the respective office to which they have been elected. //
//
7. The City Clerk shall certify to the passage and adoption of this Resolution and shall enter it into the book of original resolutions.
PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof held on the 10
th day of December 2024 on the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
RECUSE:
_____________________________
CARLA WIXOM, Mayor
ATTEST:
_____________________________
DANA SWANSON, City Clerk
Exhibit A
.
Precinct Registered
Voters Voters Cast % Turnout
County
Electionwide
202
Polling 4,116 179 4.35%
Vote by Mail 4,116 3,322 80.71%
Total 4,116 3,501 85.06%
203
Polling 1,681 78 4.64%
Vote by Mail 1,681 1,346 80.07%
Total 1,681 1,424 84.71%
204
Polling 2,385 109 4.57%
Vote by Mail 2,385 1,953 81.89%
Total 2,385 2,062 86.46%
MB21
Polling 0 0 N/A
Vote by Mail 0 0 N/A
Total 0 0 N/A
Electionwide - Total 8,182 6,987 85.39%
County - Total 8,182 6,987 85.39%
Polling 8,182 366 4.47%
Vote by Mail 8,182 6,621 80.92%
SOVC for: City of Morro Bay, Mayor, City of Morro Bay, Councilmember, City of Morro Bay, All Counting Groups
NOVEMBER 5, 2024, GENERAL ELECTION
COUNTY OF SAN LUIS OBISPO
OFFICIAL ELECTION RESULTS - CITY OF MORRO BAY
Page: 1 of 3 12/4/2024 2:36:25 PM
City of Morro Bay, Mayor (Vote for 1) **** - Insufficient Turnout to Protect Voter Privacy Precinct
Times CastRegistered VotersUndervotesOvervotes
County
Electionwide
202
Polling 179 4,116 68 0
Vote by Mail 3,322 4,116 882 0
Total 3,501 4,116 950 0
203
Polling 78 1,681 27 0
Vote by Mail 1,346 1,681 397 0
Total 1,424 1,681 424 0
204
Polling 109 2,385 35 0
Vote by Mail 1,953 2,385 502 0
Total 2,062 2,385 537 0
MB21
Polling 0 0 0 0
Vote by Mail 0 0 0 0
Total 0 0 0 0
Electionwide - Total 6,987 8,182 1,911 0
County - Total 6,987 8,182 1,911 0
Precinct
CARLA L WIXOMTotal Votes
County
Electionwide
202
Polling 111 111
Vote by Mail 2,440 2,440
Total 2,551 2,551
203
Polling 51 51
Vote by Mail 949 949
Total 1,000 1,000
204
Polling 74 74
Vote by Mail 1,451 1,451
Total 1,525 1,525
MB21
Polling 0 0
Vote by Mail 0 0
Total 0 0
Electionwide - Total 5,076 5,076
County - Total 5,076 5,076
Page: 2 of 3 12/4/2024 2:36:25 PM
City of Morro Bay, Councilmember (Vote for 2) **** - Insufficient Turnout to Protect Voter Privacy Precinct
Times CastRegistered VotersUndervotesOvervotes
County
Electionwide
202
Polling 179 4,116 216 0
Vote by Mail 3,322 4,116 3,208 2
Total 3,501 4,116 3,424 2
203
Polling 78 1,681 92 0
Vote by Mail 1,346 1,681 1,367 0
Total 1,424 1,681 1,459 0
204
Polling 109 2,385 117 0
Vote by Mail 1,953 2,385 1,848 0
Total 2,062 2,385 1,965 0
MB21
Polling 0 0 0 0
Vote by Mail 0 0 0 0
Total 0 0 0 0
Electionwide - Total 6,987 8,182 6,848 2
County - Total 6,987 8,182 6,848 2
Precinct
BILL LUFFEEJEFF ECKLESTotal Votes
County
Electionwide
202
Polling 54 88 142
Vote by Mail 1,429 2,005 3,434
Total 1,483 2,093 3,576
203
Polling 19 45 64
Vote by Mail 546 779 1,325
Total 565 824 1,389
204
Polling 36 65 101
Vote by Mail 888 1,170 2,058
Total 924 1,235 2,159
MB21
Polling 0 0 0
Vote by Mail 0 0 0
Total 0 0 0
Electionwide - Total 2,972 4,152 7,124
County - Total 2,972 4,152 7,124
Page: 3 of 3 12/4/2024 2:36:25 PM
Precinct Registered
Voters Voters Cast % Turnout
County
Electionwide
202
Polling 4,116 179 4.35%
Vote by Mail 4,116 3,322 80.71%
Total 4,116 3,501 85.06%
203
Polling 1,681 78 4.64%
Vote by Mail 1,681 1,346 80.07%
Total 1,681 1,424 84.71%
204
Polling 2,385 109 4.57%
Vote by Mail 2,385 1,953 81.89%
Total 2,385 2,062 86.46%
MB21
Polling 0 0 N/A
Vote by Mail 0 0 N/A
Total 0 0 N/A
Electionwide - Total 8,182 6,987 85.39%
County - Total 8,182 6,987 85.39%
Polling 8,182 366 4.47%
Vote by Mail 8,182 6,621 80.92%
SOVC for: Measure A-24 City of Morro Bay General Plan Amendment (50% +1), City of Morro Bay, All Counting Groups
NOVEMBER 5, 2024, GENERAL ELECTION
COUNTY OF SAN LUIS OBISPO
OFFICIAL ELECTION RESULTS - MEASURE A-24
Page: 1 of 2 12/4/2024 3:15:52 PM
Measure A-24 City of Morro Bay General Plan Amendment (50% +1) (Vote for 1) **** - Insufficient Turnout to Protect Voter Privacy
Precinct
Times CastRegistered VotersUndervotesOvervotes
County
Electionwide
202
Polling 179 4,116 21 0
Vote by Mail 3,322 4,116 178 1
Total 3,501 4,116 199 1
203
Polling 78 1,681 15 0
Vote by Mail 1,346 1,681 94 2
Total 1,424 1,681 109 2
204
Polling 109 2,385 11 0
Vote by Mail 1,953 2,385 89 1
Total 2,062 2,385 100 1
MB21
Polling 0 0 0 0
Vote by Mail 0 0 0 0
Total 0 0 0 0
Electionwide - Total 6,987 8,182 408 4
County - Total 6,987 8,182 408 4
Precinct
YESNOTotal Votes
County
Electionwide
202
Polling 102 56 158
Vote by Mail 1,941 1,202 3,143
Total 2,043 1,258 3,301
203
Polling 37 26 63
Vote by Mail 724 526 1,250
Total 761 552 1,313
204
Polling 58 40 98
Vote by Mail 1,078 785 1,863
Total 1,136 825 1,961
MB21
Polling 0 0 0
Vote by Mail 0 0 0
Total 0 0 0
Electionwide - Total 3,940 2,635 6,575
County - Total 3,940 2,635 6,575
Page: 2 of 2 12/4/2024 3:15:52 PM
01181.0001/921057.1 1
EXHIBIT B - ORDINANCE NO. 659
(MEASURE A-24, 2024)
INITIATIVE MEASURE TO AMEND CITY OF MORRO BAY’S GENERAL
PLAN (PLAN MORRO BAY), ADOPTED BY CITY COUNCIL ON MAY
25, 2021, TO PROHIBIT, UNLESS APPROVED BY MORRO BAY
VOTERS, ANY CHANGE TO LAND USE DESIGNATIONS OF VISITORSERVING COMMERCIAL OR COMMERCIAL/RECREATIONAL
FISHING, ON CERTAIN DESIGNATED PARCELS WITHIN THE CITY
01181.0001/921057.1
2
01181.0001/921057.1
3
01181.0001/921057.1
4
01181.0001/921057.1
5
01181.0001/921057.1
6
01181.0001/921057.1
7
01181.0001/921057.1
8
01181.0001/921057.1
9
01181.0001/921057.1 10