CITY OF MORRO BAY
Notice of Special Meeting of the City Council
Agenda
Tuesday, January 28, 2025, 3:30 p.m.
Veterans Memorial Hall, 209 Surf St., Morro Bay, CA
Public Participation
Public participation is offered in the following ways:
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• 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 Presentation and Adoption of the City of Morro Bay's 2025-2026 Legislative Advocacy Platform
1 (City Manager)
Recommended Action
Receive the presentation, accept public comment and consider the adoption of Resolution No. 05-25 approving the 2025-2026 City of Morro Bay Legislative Platform.
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 Dept Review: ________
City Manager Review: _YK City Attorney Review: _RWS___
Staff Report
TO: Honorable Mayor and City Council DATE: January 21, 2025 FROM: Yvonne Kimball, City Manager
SUBJECT: Presentation and Adoption of the City of Morro Bay’s 2025-2026 Legislative Advocacy Platform
RECOMMENDED ACTION
Receive the presentation, accept public comment and consider the adoption of Resolution No. 05- 25 approving the 2025-2026 City of Morro Bay Legislative Platform.
ALTERNATIVES
1. The Council may direct minor changes to the Legislative Platform for adoption at the January 28th Special Meeting, or
2. The Council may continue discussion of the Draft Legislative Platform at a future meeting, or
3. The Council may choose not to adopt a Legislative Platform.
FISCAL IMPACT
None
BACKGROUND/DISCUSSION
This Legislative Platform is developed in collaboration with our state and federal lobbying firms. The document intends to reflect City Council’s collective positions on federal and state issues that impact our community within three guiding principles: preserve local control, promote fiscal stability and economic vitality, and support funding opportunities.
City’s Council Policies & Procedures provide some background and the authority to create a legislative action program. Council Policies & Procedures Section 3.10 provides the following:
3.10 LEGISLATIVE ACTION PROGRAM
The City has a legislative program to strengthen local government, promote City goals, and defend the City against legislative actions by state and federal governments that would weaken local government or take away traditional revenue sources. In order to respond promptly and proactively to fast-paced legislative changes, City staff is authorized to take positions on legislation provided the positions are consistent with the Legislative Actions of the City Council, or resolutions or recommendations of the League of California Cities.
AGENDA NO: 3.a
MEETING DATE: January 28, 2025
The Council limits its official communication as a body of the whole in support or opposition to issues impacting the City specifically or local governments generally.
A Legislative Advocacy Platform is a commonly used tool by local government and is considered a best practice in local government’s efforts to communicate its positions on Federal and State legislation. The attached Draft Legislative Platform includes both standard issues that impact most cities as well as matters that are unique to the City of Morro Bay. It encompasses high level policy statements in the areas of Local Government Finance, Administrative Services, Community Development, Climate Change & Natural Resources Community Services, Public Safety, Public Works, and Harbor – Waterfront.
Once approved, the Legislative Platform will provide staff with the authority to prepare responses to legislative issues affecting the City (via letters signed by the Mayor, City Manager and occasionally, Department Heads), so long as the positions taken in the letters are consistent with the priorities identified in the approved Legislative Platform and League of California Cities advocacy efforts. This Platform also serves as a guide for staff and lobbyists in our efforts in seeking funding opportunities and earmark prospects for city’s projects.
Included in the proposed 2025 Legislative Platform, there is a specific request from San Luis Obispo Council of Governments (SLOCOG) that cities in our county and the county are considering in their legislative efforts. SLOCOG’s request for support is Item 5 Public Works, on Page 7: “support legislation efforts that allow for a future, voter approved, SLOCOG transportation specific measure to be waived from the 2% local sales tax limit.” Background information is as follows:
As transportation funding from the State and Federal sources continue to diminish, SLOCOG is requesting support from the local jurisdictions to seek special State legislation. This legislation – if proposed and approved – would provide an exemption to the 2% Bradley Burns sales tax cap rate for a future transportation measure that may be proposed to the voters.
Sales tax levels in California vary from 7.25% to 10.75%. With 7.25% as the base, local agencies are allowed to increase this base level by, up to, 2%, with voter approval. Special legislation is necessary to exceed the 2% cap. Currently, five jurisdictions in the San Luis Obispo region have a sales tax (approved by voters) at 8.75%. With only .5% remaining, a proposed SLOCOG measure could be impeded due to competing measures from: a city, the county, another regional measure, or a citizens’ initiative. Each is allowable under current law.
However, if one jurisdiction reaches 9.25%, then no other regionwide sales tax can be pursued unless special legislation is sought and approved.
Over the last decade, multiple counties have pursued and had approved legislation to waive the 2% – including: Alameda, Contra Costa, Humboldt, Los Angeles, Monterey, Riverside, San Mateo, Santa Cruz, and Ventura. Many cities have pursued and had approved legislation as well. Of the 500+ jurisdictions in the state, nearly 100 jurisdictions have a sales tax (as of 2024) over the 9.25% level.
This effort does not approve or institute a tax or change how a tax may be approved. This effort creates an opportunity should a measure be developed for voter consideration. Under present law, there is sufficient capacity for SLOCOG to propose a sales tax) for voter approval
within the existing 2% cap for transportation (maintenance, projects, improvements, multimodal, etc.). Additionally, a measure (or initiative) can be proposed for the same, remaining .5%, for voter approval. Such a citizens’ initiative requires 50%+1 to pass and could be for a range of purposes. The proposed legislation would provide an exemption from the 2% cap imposed to allow a transportation measure (proposed by SLOCOG or a citizens’ initiative) to be placed on the ballot for voter consideration. This allows San Luis Obispo County voters to consider whether they would like to raise revenues to address transportation safety, maintenance, mobility, and infrastructure needs.
CONCLUSION
The City’s state lobbyist, Spencer Street of Townsend Public Affairs, Inc., will present the draft Legislative Platform for Council discussion and consideration at the January 28 Special Council meeting. A resolution has also been prepared in anticipation of its formal adoption, with or without changes, at the Special Meeting. Alternatively, the Council may continue the item for further discussion at the February 11 Regular Meeting. Once approved and adopted, staff will provide a copy of the City’s Legislative Platform to Federal and State legislators and lobbyists, as well as the County Board of Supervisors.
It is recommended that the City review this platform annually, with a formal update every two years.
This schedule is aligned with the city mayor/ council election schedule and the state legislative cycle.
ATTACHMENTS
1. Draft Legislative Platform
2. Resolution No. 05-25 adopting the Legislative Platform
CITY OF MORRO BAY
LEGISLATIVE PLATFORM
2025
Purpose of the Legislative Platform
This document serves as the City of Morro Bay’s guide to engaging in the State and Federal legislative process. The 2025 City of Morro Bay’s Legislative Platform represents the City Council’s position on current or future issues that have the potential to directly or indirectly impact the City.
GUIDING PRINCIPLES
I. PRESERVE LOCAL CONTROL
Preserve and protect the City’s powers, duties, and prerogatives to enact local legislation and policy direction concerning local affairs and oppose legislation that preempts local authority. Local agencies should preserve and enhance authority and accountability for revenues raised and services provided.
II. PROMOTE FISCAL STABILITY & ECONOMIC VITALITY
Support measures that promote fiscal stability, predictability, financial independence, and preserve or enhance the City’s revenue base and maximum local control over local government budgeting. Oppose measures that shift local funds to the county, state, or federal governments and/or make cities more dependent on the county, state, or federal governments for financial stability, such as mandated costs with no guarantee of local reimbursement or offsetting benefits.
III. SUPPORT FUNDING OPPORTUNITIES
Support opportunities that allow the City to compete for its fair share of regional, state, and federal funding, and that maintain current funding streams and support fiscal sustainability. Funding opportunities may include competitive grant and funding programs as well as dedicated funding streams and financing options at the regional, state, and federal levels that allow the City to maximize local revenues, offset and leverage capital expenditures, and maintain City goals and standards. Funding priorities include, but are not limited to: local law enforcement, fire and life safety, marine safety, parks development, recreation, urban development, open space, land use, local zoning, building safety, accessibility, road resurfacing, transportation, transit (bicycle lanes, sidewalks, trails, etc.), pedestrian safety, utility undergrounding, public works projects, community services, community development, sustainable communities, water infrastructure, water conservation and recycling, water reliability, water quality, waste management and recycling, public safety, disaster preparedness and prevention, wildfire mitigation, fuel modification, clean air, renewable energy concepts, greenhouse gas emissions reduction strategies, technology improvements, group and sober living homes, addressing homelessness, and affordable housing.
2 POLICY STATEMENTS
LOCAL GOVERNMENT FINANCE
Oppose:
1. State or federal efforts to “borrow” local revenues to balance its budget.
2. Legislation that would eliminate or reduce the City’s franchise fee revenues.
3. Underfunded federal and state mandates.
Support:
1. The use of incentives to encourage local government action, rather than the imposition of state, federal, or regional mandates upon local governments, as well as federal mandates on the state.
2. Efforts to grant greater flexibility to local governments in creating new revenue sources for infrastructure projects.
4. Efforts to reimburse the City for providing services to nonresidents associated with beach access such as marine safety, police, fire, or other emergency services, beach waste disposal, and maintenance of restroom facilities.
5. Efforts to allocate grant funding to local governments to build capacity and plan for federal and state initiated renewable energy development projects and programs intended to respond to sea level rise, and climate change adaptation.
6. The reimbursement of local governments for state of emergency related expenses, including the need for essential public safety service overtime, personal protective equipment, and small business relief.
ADMINISTRATIVE SERVICES
Employee Relations
Oppose:
1. Measures that reduce local control over employee relations issues.
2. Legislation mandating new or enhanced local government employee benefits.
3. Proposals that create an additional financial burden on, or threaten the viability of, the California Public Employees’ Retirement System (CalPERS).
4. Redundant or unnecessary proposals that require excessive human resources burdens without sufficient reimbursement.
5. Legislation that creates unnecessary burdens on or limits the City’s ability to decide employment issues, including collective bargaining, binding arbitration, leave and benefits.
6. The expansion of property rights in public employment and procedural requirements that hinder or increase the public costs of effective performance management, including legislation that obstructs management rights and disciplinary measures.
3 Support:
1. Opportunities that improve access to and reduces the cost of healthcare for public employers.
2. Streamlining the Workers’ Compensation system to make it easier for employers and employees to navigate while still controlling employer costs and protecting employees.
Information Technology
Support:
1. Proposals and programmatic or discretionary funding programs that promote cybersecurity and protect local governments against cyber-attacks.
Open Meetings & Transparency
Support
1. Legislation that considers alternative methods of meeting public notice requirements and considers remote participation in and online access to public meetings.
COMMUNITY DEVELOPMENT
Housing & Land Use
Oppose:
1. Legislation, proposals, or regulations that impose regional, state, or federal growth, development, or land use planning standards within the City.
2. Legislation that reduces or removes local control over zoning and other land use methods.
3. Efforts that remove local regulatory authority on energy or communication infrastructure development.
Support:
1. Efforts to strengthen the legal and fiscal capability of local agencies to prepare, adopt, and implement plans for orderly growth, development, and conservation of local planning areas.
2. Funding and policy modifications that require additional staffing resources be deployed by HCD to ensure uniformity within the housing element compliance and review process.
3. Efforts to provide resources for the City to meet its affordable housing needs and requirements.
4. Policies and regulations that require additional transparency and local stakeholder input within the Regional Housing Needs Determination (RHND) process.
5. Initiatives involving county, state, and federal governments to protect existing resources, reduce and prevent homelessness, and strengthen state and local partnerships to connect individuals with the care they need through coordinated care systems that provide access to wraparound services, including mental health and substance use treatment, and ongoing dedication of County Mental Health Services Act funds, for persons experiencing, or at risk of experiencing homelessness.
4 6. Efforts to incentivize the exemption of the coastal zone from land use restrictions or byright streamlining of development.
7. Retaining local control and authority in placing restrictions or regulations on residential units for tourist or transient occupancy use.
8. Maintaining local control over the establishment and operation of group homes and sober living homes.
9. Streamlining permit processes for Accessory Dwelling Units.
10. Local control to enforce short-term rental regulations.
Regional Governance
Support:
1. Proposals encouraging regional, sub-regional, or countywide cooperation in planning urban development strategies, especially those that provide funding for effective implementation of agreed-upon goals.
2. Measures to achieve fair and proportionate representation on countywide and regional boards.
CLIMATE CHANGE & NATURAL RESOURCES
Support:
1. Opportunities that address sustainable development practices, including “green building”, “smart streets”, and microgrid resiliency, and that provides financial and technical support to the local government in implementing such practices.
2. Measures that maintain and enhance local decision-making authority in the development and implementation of environmental strategies.
3. Opportunities that improve transportation infrastructure, including, but not limited to, improving traffic safety, reducing congestion, vehicle charging infrastructure, and supporting noise abatement.
4. Funding opportunities to local government that support infrastructure projects that mitigate or otherwise address climate change impacts, including but not limited to sea level rise, coastal erosion, tsunami and flood impacts, and other issues.
Air Quality and Climate Change
Support:
1. Opportunities that provide continued funding and incentives to cities to work together to improve air quality while balancing the reduction of emissions with impacts on business.
2. Additional funding and regulatory flexibility for cities to comply with existing regulations and legislation requiring zero-emission fleet conversion
5 Energy Infrastructure and Resources
Support:
1. Measures that expand access to resources for local governments to plan clean energy projects which may include offshore wind and energy storage projects.
2. Legislation or budget appropriations at the State that ensures safe operation of Diablo Canyon Power Plant to continue to provide safe, affordable, and clean energy.
Oppose:
1. Measures that reduce local control over the development of offshore wind energy and storage, and other clean energy projects.
Solid Waste
Support:
1. Measures that maintain and enhance local authority and economic flexibility to regulate solid waste and recyclables.
2. Measures that provide flexibility for local jurisdictions to meet mandated short-lived climate pollutant goals set by the State through SB 1383 (Lara, 2016) and other legislation.
Oppose:
1. Additional redundant solid waste regulations without coordinated support and funding from the State and waste haulers.
Coastal Protection
Support:
1. State and federal administrative and legislative efforts aimed at the safe removal, transport, and interim and/or long-term storage of nuclear waste from the Diablo Canyon Power Plant.
2. State and federal legislation and programs to protect the City’s shoreline, including those which provide financial and technical assistance to coastal communities to address sea level rise, develop resilient infrastructure, protect the designated marine protected areas and marine conservation areas, and protect beach water quality and prevent stormwater runoff.
Water Supply
Support:
1. Measures that increase the availability of, and funding for, water reuse technologies, water recycling, local water storage, and other water supply technologies.
2. Measures to increase water supply and improve water quality in the region, including drought relief legislation.
3. Efforts that require the inspection, and possible repair, of sewer laterals at the time of sale in residential, commercial, and industrial areas.
6 COMMUNITY SERVICES
Parks, Recreation and Open Space
Support:
1. The promotion of access to joint use of schools, parks and open space, and the development of streets and trails that encourage physical activity and healthy living.
2. Opportunities that maintain the equitable use of public and open spaces and facilities within the City by all members of the community.
3. Working with county, state, and federal officials in the establishment of regional, state, and federal parks as well as open space while preserving local control and land management for future infrastructure projects.
4. Efforts to address issues of liability related to earth movements, mudflows, fire, and other natural disasters involving publicly owned open space, parkland, and conservation areas.
5. Encouraging wildfire insurers to cover properties in all Fire Hazard Severity Zones.
Oppose:
1. Efforts to limit the City’s ability to enforce parking rules and regulations and recover the costs of implementation and maintenance.
PUBLIC SAFETY
Support:
1. Measures that encourage community safety and well-being.
2. Efforts that promote pedestrian and bicycling safety, including safe use of electronic bicycles (e-bikes), and safe trail use.
3. Opportunities that increase the amount of grant funding for local law enforcement, fire suppression, mitigation and prevention, marine safety, and disaster preparedness initiatives.
4. Efforts that discourage drivers from operating motor vehicles while under the influence of drugs or alcohol and maintain state funding to operate sobriety checkpoints.
5. Opportunities that waive or streamline permitting provisions of the Coastal Act for standard or routine fuel modification projects that intend to slow or prevent the spread of wildfires.
6. Measures that help jurisdictions plan for, and address, the effects of sea-level rise and mitigation, and decrease damage from flooding, shoreline erosion, and impacts from increasingly destructive storms.
7. Opportunities that support wildfire prevention, preparedness, and recovery, including home hardening, enhancing defensible space, and brush management. In addition to hazard mitigation assistance to prevent floods and landslides by wildfires damaged.
8. Legislation that increases the penalties associated with the sale or purchase of fentanyl.
7 Oppose:
1. Legislation that places burdensome restrictions on law enforcement and limits their ability to protect public safety.
PUBLIC WORKS
Support:
1. Opportunities to increase funding for local transportation projects including road resurfacing projects; adding bicycle lanes, sidewalks, and trails throughout the city; and enhancing pedestrian safety.
2. Efforts that support increased state and federal funding of transportation improvements with regional or sub-regional benefits for all modes of transportation and greater discretionary authority to expend available transportation funds and local jurisdiction over transportation-related issues.
3. Opportunities that would provide funding for undergrounding of utilities.
4. The equitable distribution of state, federal, and regional funding formulas of funds at the local level.
5. Support legislation efforts that allow for a future, voter-approved, SLOCOG transportationspecific measure to be waived from the 2% local sales tax limit.
HARBOR – WATERFRONT
Support:
1. Efforts to support continued public access to marinas, state tidelands, waterfront facilities, and marine resources.
2. Measures that recognize economic contributions of ports and harbors to state and federal economies, through maritime trade, maritime industries, ecotourism, cruise ships and commercial fishing.
3. The continuation of the Tidelands Trust Grant
4. Efforts allowing ports and harbors to establish or designate local control over special-use areas for vessels or related recreational equipment of a specific type or use.
5. Efforts to advocate for environmentally compliant commercial and recreational fishing, which is essential to the fabric of working ports and harbors.
6. Efforts to develop fishery infrastructure for commercial fishermen.
7. Efforts to sustain the ecological health of aquatic biological systems, including fish, shellfish, and marine mammals.
8. Measures to enhance local authority over recovery and disposition of wrecked, derelict, abandoned, non-operable or non-seaworthy crafts.
8 9. Physical alternatives or grant/additional funds for disposal of marina-generated household wastes or treated building materials.
10. Efforts to ensure seabird protection while allowing ports and harbors to undertake maintenance operations and control or abate nuisance fowl.
11. Efforts to fund oil-spill prevention and response in ports and harbors.
12. Efforts to fund recycling and/or disposal options for waste oil and other byproducts of maritime activities or vessel maintenance.
13. Measures to simplify permitting and other requirements associated with sediment management, beach nourishment, and beach berm and dune construction.
14. Opportunities to enhance policies and funding for dredging small-craft ports and harbors, including environmentally feasible disposition of dredged materials and/or the use of dredged materials for beach nourishment.
15. Initiatives that benefit marine infrastructure needs including Maritime Infrastructure Banks, maintenance dredging of Morro Bay Harbor, expanded ocean dredge disposal sites, and development of new upland dredge disposal and reuse sites.
16. Programs and/or grants that benefit and protect small ports and harbors.
17. Opportunities for low-interest loan funds for development of harbor infrastructure facilities.
18. Expanding and/or increasing the budget of the State’s Surrendered and Abandoned Vessel Exchange (SAVE) program.
19. Efforts that fund construction and/or maintenance of boat-launching facilities.
20. Funding opportunities for equipment, training and other resources utilized by Harbor Patrol Officers.
21. Programs that utilize the California Division of Boating and Waterways as an educational vehicle for boating and harbor management programs.
Oppose:
1. Any action that would prohibit the U.S. Army Corp of Engineers from realizing its obligation to dredge the Morro Bay Harbor.
2. Efforts to redirect funds historically utilized by the Harbors and Watercraft Revolving Fund, as described in the harbors and Navigation Code.
3. Efforts to reallocate or divert funds from the intended purposes of the State Harbors and Watercraft Revolving Fund, as described in the California Harbors and Navigation Code.
RESOLUTION NO. 05-25
RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF MORRO BAY, CALIFORNIA
ADOPTING THE LEGISLATIVE PLATFORM FOR THE
2025-2026 LEGISLATIVE SESSION
T H E C I T Y C O U N C I L
City of Morro Bay, California
WHEREAS, the State Legislature convenes a Legislative Session for a two-year period to introduce and pass legislation; and
WHEREAS, the City engages with elected members of the Legislature to support and oppose measures that impact the City; and
WHEREAS, to enhance the City’s engagement with the State Legislature and lawmaking process, the City has embarked to develop a public Legislative Platform containing positions and objectives of the City Council; and
WHEREAS, the Legislative Platform serves as the City’s guide to engaging in the State legislative process and represents the City Council’s position on current and future issues that have the potential to directly or indirectly impact the city.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay, California, the Legislative Platform for the 2025-2026 Legislative Session is adopted, as set forth in Exhibit A.
PASSED AND ADOPTED by the City Council of the City of Morro Bay at a special meeting thereof held on this 28th day of January 2025 on the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
RECUSE:
CARLA WIXOM, Mayor
ATTEST:
DANA SWANSON, City Clerk