Morro Bay City Council
April 22, 2025

CITY OF MORRO BAY
City Council Regular Meeting Agenda

Tuesday, April 22, 2025, 5:30 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. MOMENT OF SILENCE

3. PLEDGE OF ALLEGIANCE

4. REPORTS

4.a Closed Session Report

4.b Mayor and Councilmembers' Reports, Announcements and Presentations

4.c City Manager Reports, Announcements and Presentations

4.d Subcommittee Reports - Verbal Update of Current Subcommittee Activities

1. Water Reclamation Facility & Morro Bay / Cayucos Sanitary District JPA

2. Morro Bay Power Plant (Vistra)

3. Offshore Wind Energy

5. RECOGNITION AND PRESENTATIONS

5.a Morro Bay Chamber of Commerce Quarterly Update

6. PUBLIC COMMENT
Members of the audience wishing to address the Council on City business matters not on the agenda may do so at this time. For those desiring to speak on items on the agenda, but unable to stay for the item, may also address the Council at this time.

Public comment is an opportunity for members of the public to provide input to the governing body. To increase the effectiveness of the Public Comment Period, the City respectfully requests the following guidelines and expectations be followed:
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Those desiring to speak are asked to complete a speaker slip, which are located at the entrance, and submit it to the City Clerk. However, speaker slips are not required to provide public comment. •
When recognized by the Mayor, please come forward to the podium to speak. Though not required, it is helpful if you state your name, city of residence and whether you represent a business or group. Unless otherwise established by the Mayor, comments are to be limited to three minutes.
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All remarks should be addressed to Council, as a whole, and not to any individual member thereof.
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The Council respectfully requests that you refrain from making slanderous, profane or personal remarks against any elected official, commission and/or staff.
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Please refrain from public displays or outbursts such as unsolicited applause, comments or cheering.
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Any disruptive activities that substantially interfere with the ability of the City Council to carry out its meeting will not be permitted and offenders will be requested to leave the meeting.
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Your participation in City Council meetings is welcome and your courtesy will be appreciated.
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The Council in turn agrees to abide by its best practices of civility and civil discourse according to Resolution No. 07-19.
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7. CONSENT AGENDA
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.

Recommended Action
Approve consent agenda items 7.a through 7.b as submitted.

7.a Approval of Minutes
(City Clerk)
Recommended Action
Approve as submitted.

1. April 8, 2025 - Regular Council Meeting 6

2. April 8, 2025 - Special Closed Session Meeting 14

7.b Adoption Resolution No. 22-25 and Limited Duration Interim City Attorney Employment Agreement for Retired Annuitant
17 (City Manager)
Recommended Action
Adopt Resolution No. 22-25 appointing Robert Schultz to the position of Interim City Attorney and authorize the Mayor to execute the Limited Duration Interim City Attorney Employment Agreement for Retired Annuitant.

8. PUBLIC HEARING ITEMS

8.a Introduce An Ordinance Repealing and Replacing Title 7 (Animals) of the Morro Bay Municipal Code
28 (Police Department)
Recommended Action
Introduce by title only with further reading waived, Ordinance No. 669 entitled, “An Ordinance of the City Council of the City of Morro Bay, California, repealing and replacing Title 7 (Animals) of the Morro Bay Municipal Code to adopt and
incorporate by reference San Luis Obispo County Code Title 9 (Animals) and to retain certain city requirements regarding animals, and finding the action not subject to CEQA.”

1. Authorize the Mayor to sign a letter to the San Luis Obispo County Board of Supervisors expressing the City's desire for the review and changing of Title 9, Sections 9.04.002 and

9.04.006, requiring Animal Services to adopt a seven-day holding period of all impounded household pets.

2. 9. BUSINESS ITEMS

9.a City Attorney Recruitment 36
(City Attorney / Human Resources/Risk Manager)
Recommended Action
Adopt Resolution No. 20-25 approving the new City Attorney Job Classification and Job Description; and

1. Adopt Resolution No. 21-25 approving updated FY 2024-25, 2025-26, and 2026-27 Pay Schedules establishing the salary range for the City Attorney; and

2. Provide direction to staff on recruitment approach: 1) Conduct an in-house recruitment using City Human Resources staff; or 2) Hire an external recruiter with executive-level municipal recruitment experience.

3. 9.b Receive Status Update and Funding Summary of Roundabout Project and Provide Direction on Environmental Phase of Project 56 (Public Works Department)
Recommended Action
Receive status update and funding summary for the State Route 1, State Route 41, and Main Street Roundabout Project (Project); and Confirm staff continuance of environmental phase of the Project; and

1. Direct staff to withdraw from the Project $1.2 million of prior Measure Q/E funding contributions.

2. 9.c Review and Discussion of the City of Morro Bay's Flagpole Policy as established by Resolution No. 103-22
61 (City Manager)
Recommended Action
As directed by Council during Future Agenda Items at the April 8, 2025 Regular Meeting, the City’s Flagpole Policy established in November 2022 for discussion and direction.

9.d Consideration of forming Council Sub-committee regarding El Morro Elementary School Property
65 (City Manager)
Recommended Action
As requested during the Future Agenda Items portion of the April 8, 2025 Regular Meeting, consider the establishment of a Council sub-committee regarding the City’s goal of acquiring the El Morro Elementary School site or assisting in the

1.

development of the property. If a sub-committee is established, pursuant to Council Policies Section 3.13, a defined purpose, parameters, and anticipated duration of the sub-committee should be established; and
Consider discontinuing any existing subcommittees that have achieved their intended purposes for the time being.

2. 10. COUNCIL DECLARATION OF FUTURE AGENDA ITEMS

11. ADJOURNMENT
The next Regular Meeting will be held on May 13, 2025.

This agenda is subject to amendment up to 72 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.

Materials related to an item on this agenda submitted to the City Council after distribution of the agenda packet are available for public inspection upon request by calling the City Clerk's office at (805) 772-6205.

In compliance with the Americans Disability Act, if you need special assistance to participate in a City meeting, please contact the Clerk's office 24 hours prior to the meeting to insure reasonable arrangements can be made to provide accessibility to the meeting.

1 MINUTES - MORRO BAY CITY COUNCIL

REGULAR MEETING
April 8, 2025, 5:30 p.m.

Veterans Memorial Hall
209 Surf St., Morro Bay, CA
Members Present: Mayor Carla Wixom
Council Member Cyndee Edwards
Council Member Jeff Eckles
Council Member Zara Landrum
Council Member Bill Luffee
Staff Present: City Manager Yvonne Kimball
Interim City Attorney Robert Schultz
City Clerk Dana Swanson
Finance Director Emily Conrad
Public Works Director Greg Kwolek
Community Development Director Airlin Singewald
Police Chief Amy Watkins
Fire Chief Dan McCrain
Harbor Vitality Director Chris Munson
Human Resources/Risk Manager Rachael Hendricks
_____________________________________________________________________

1. ESTABLISH QUORUM AND CALL TO ORDER
Mayor Wixom called the meeting to order at 5:36 p.m. with all members present.

2. MOMENT OF SILENCE

3. PLEDGE OF ALLEGIANCE

4. REPORTS

4.a Closed Session Report
https://youtu.be/_W68ZFK5JWU?si=6lw_TDtdyrC8ZNkc&t=76
Interim City Attorney Schultz announced no reportable action was taken pursuant to the Brown Act.

4.b Mayor and Councilmembers' Reports, Announcements and Presentations
https://youtu.be/_W68ZFK5JWU?si=nVB1M2tzXP74t9BD&t=138

2 4.c City Manager Reports, Announcements and Presentations https://youtu.be/_W68ZFK5JWU?si=AwpZw9k555fcltyZ&t=747

4.d Subcommittee Reports - Verbal Update of Current Subcommittee Activities
None.
a. Water Reclamation Facility & Morro Bay / Cayucos Sanitary District JPA
b. Morro Bay Power Plant (Vistra)
c. Offshore Wind Energy

5. RECOGNITION AND PRESENTATIONS

5.a Month of the Child and Child Abuse Prevention Month Proclamation https://youtu.be/_W68ZFK5JWU?si=QGMMh7-DLPNVSvQJ&t=977
Presented to Jennifer Blackburn, San Luis Obispo County Early Care & Education Planning Council; Kids Club art contest winners; and Kirk Carmichael and Angelica Jepsen from the City's Recreation Services Division.

6. PUBLIC COMMENT
https://youtu.be/_W68ZFK5JWU?si=RNpay1KUVposwBAB&t=1381  Walter Heath, Morro Bay in Bloom, invited community members to the 2nd Annual "I love Morro Bay" gardening project Saturday, April 19, at 8:30am at the Triangle Park. Visit morrobayinbloom.org/i-love-mb to pre-register for the event.
 Linda Winters, Morro Bay, provided a Monday Night Dinner update and introduced Wendy Blacker, 805 Street Outreach, to provide an update on the shower program.
 Wendy Blacker, 805 Street Outreach, announced a private foundation provided a large donation that will allow her to purchase two vehicles and a second shower trailer to provide weekly showers for the unhoused community.
 Brandee Puett, Development Director with Lumina Alliance, thanked City Council for the proclamation recognizing April as Sexual Assault Awareness Month and announced an upcoming fundraising event, Dancing With Our Stars, May 1 - 3, at the Pavilion on the Lake in Atascadero. Visit luminaalliance.org for more information.

3  Janice Peters, Morro Bay, commented on Item 8a, requesting the holding time for dogs be increased to 7-10 business days. Regarding Item 9b, she supported hiring an in-house attorney.
 David Goad, San Simeon, offered to meet with council members to discuss methods to repair seawalls and revetments for under $50,000.  David Yohe, Morro Bay, hoped the community would not support corporations, bonds or individuals who support Israel.
 Joe Yukich, Morro Bay, commended the Council for rehiring Mr. Schultz.  Dina Lundquist, Morro Bay Chamber of Commerce CEO, commented on street improvement construction and plans for improved communication between City staff, the Chamber and business community going forward.  Dan Sedley, Morro Bay, offered this is not a forum to address national and world affairs that aren't unique to Morro Bay.

End of public comment.

7. CONSENT AGENDA
https://youtu.be/_W68ZFK5JWU?si=-Dj8xsXvrq1TZM5Q&t=2933 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 Eckles
Seconded by Council Member Edwards
Approve consent agenda items 7.a through 7.h as submitted.

Ayes (5): Mayor Wixom, Council Member Edwards, Council Member Eckles, Council Member Landrum, and Council Member Luffee
CARRIED (5 to 0)

7.a Approval of Minutes
Approve as submitted.
a. March 25, 2025 - Regular Council Meeting
b. March 25, 2025 - Special Council Meeting

7.b Proclamations
Approve as submitted.

4 a. Proclamation Declaring April 2025 as Month of the Child and Child Abuse Prevention Month
b. Proclamation Recognizing April 2025 as National Sexual Assault Awareness Month

7.c Arbor Day Proclamation
Approve the proposed proclamation in support of Arbor Day and being a Tree City USA community.

7.d Approval of the Updated Sewer System Management Plan Approve the updated Sewer System Management Plan (SSMP).

7.e Adoption of Resolution No. 15-25 Initiating Proceedings to Levy the Annual Assessment for the Cloisters Park and Open Space - Landscaping and Lighting Maintenance Assessment District Adopt Resolution No. 15-25 ordering the preparation of an Engineer’s Report detailing the expenses projected for Fiscal Year (FY) 2025/26 for the maintenance of the Cloisters Park and Open Space under the provisions of the “Landscaping and Lighting Act of 1972.”

7.f Adoption of Resolution No. 16-25 Initiating Proceedings to Levy the Annual Assessment for the North Point Natural Area - Landscaping and Lighting Maintenance Assessment District
Adopt Resolution No. 16-25 ordering the preparation of an Engineer’s Report detailing the expenses projected for Fiscal Year (FY) 2025/26 for the maintenance of the North Point Natural Area under the provisions of the “Landscaping and Lighting Act of 1972.”

7.g Award of Contract with Newton Construction & Management, Inc., for the Brackish Water Reverse Osmosis Facility Re-skin and Re-roofing Project (Project no. MB2024-UT09)

1. Award and authorize the City Manager to execute a contract with Newton Construction & Management, Inc., for Project No. MB2024- UT09, Brackish Water Reverse Osmosis (BWRO) Facility Re-skin and Re-roofing Project (Project) in an amount not-to-exceed $322,786.20, which includes a 10% Contingency. All agreements implementing such project work shall be processed and based on the review of the City Attorney’s Office to be in form and substance acceptable to City staff and legal counsel.; and

2. Direct staff to transfer $122,786.20 from the Nutmeg Pressure Zone Project (921-9932) to the BWRO re-skin project account to add necessary funding.

7.h Approval of Revised Pay Scale and Job Description for Police Support Services Manager

5 Amend the pay schedule for the Police Support Services Manager by adopting:

1. Resolution No. 17-25 approving Job Description and compensation range, and

2. Resolution No. 18-25 amending Management Salary and Benefits 2025-27, and

3. Resolution No. 19-25 approving updated FY 2024-25, 2025-26, and 2026-27 Pay Schedules.

8. PUBLIC HEARING ITEMS

8.a Introduce An Ordinance Repealing and Replacing Title 7 (Animals) of the Morro Bay Municipal Code
https://youtu.be/_W68ZFK5JWU?si=fVEyjAMf5wE9ekku&t=3002 Police Chief Watkins introduced Eric Anderson, San Luis Obispo County Animal Services Manager, who provided a presentation on scope of services and cost allocation methods.

Chief Watkins presented proposed Ordinance No. 669 and responded to Council inquiries.

Mayor Wixom opened the public hearing and public comment for Item 8.a. https://youtu.be/_W68ZFK5JWU?si=knTdwYtRa8o7tHoN&t=7789  Valerie Levulett, Morro Bay, spoke on behalf of Betty Winholtz, requesting the holding period for domestic animals be seven days and expanding the euthanasia section as requested in agenda correspondence.
 Michelle Leicester-Cadaret, Morro Bay, read a letter on behalf of Nicole Dorfman, opposing legislation requiring microchipping and cat vaccinations.
 Dan Sedley, Morro Bay, took issue with the 3-day waiting period and suggested the ordinance require animals be altered unless you're a licensed breeder.
 Margaret Carman, Morro Bay, was opposed to mandated
microchipping and vaccines, noting SB 573 approved in 2020 provided exemptions to microchipping requirements for animals with medical issues.

End of public comment.

Mayor Wixom closed public comment and the public hearing.

6 Dr. Anderson and Chief Watkins responded to additional questions and the Council was supportive of community requests to increase the holding period to seven days.
https://youtu.be/_W68ZFK5JWU?si=nzrbkT1RzB3yraWO&t=9398 Council Member Eckles moved to introduce by title only by further reading waived, Ordinance No. 669 entitled, "An Ordinance of the City Council of the City of Morro Bay, California, repealing and replacing Title 7 (Animals) of the Morro Bay Municipal Code to adopt and incorporate by reference San Luis Obispo County Code Title 9 (Animals) and to retain certain city requirements regarding animals, and finding the action not subject to CEQA" with the modification of section 9.04.002 and 9.04.006 to establish a holding period for a minimum of seven days and to include any other references to euthanasia to have a minimum of seven days for a holding period.

The motion was seconded by Council Member Landrum.

Interim City Attorney Schultz noted the City cannot amend sections of Title 9 of the San Luis Obispo County Code and offered alternatives for Council consideration. The motion was withdrawn.

Motion by Council Member Eckles
Seconded by Council Member Landrum
Direct staff to bring back a revised ordinance, repealing and replacing Title 7 and establishing a holding period for a minimum of seven days and to include any other references euthanasia to have a minimum of seven days for a holding period, and continue the item to a date certain, April 22, 2025 for 1st reading.

Ayes (5): Mayor Wixom, Council Member Edwards, Council Member Eckles, Council Member Landrum, and Council Member Luffee CARRIED (5 to 0)

8.b Public Hearing on Vacancies to Comply with Assembly Bill 2561 https://youtu.be/_W68ZFK5JWU?si=vzKim2jTXHTmvx0v&t=9694 Human Resources/Risk Manager Hendricks presented the report and invited Nicole Bryant, SEIU Local 620 Field Representative, to provide comments.

Mayor Wixom opened public comment for Item 8.b.
https://youtu.be/_W68ZFK5JWU?si=6D4ejyrqxUjALUbO&t=10654  Dan Sedley, Morro Bay, appreciated receiving the pay schedules, noting it would have been helpful to see comparative pay

7 schedules for Morro Bay against other cities in the County to see that we are competitive enough to hire and retain the best.  Nic De Angelis, Morro Bay, was unsure why conversation was focused on raising wages, suggesting the value of working in Morro Bay was enough. He opined the City is top heavy and low turnover isn't necessarily a good thing.

End of public comment.

Mayor Wixom closed public comment and the public hearing.

No formal action was taken by the City Council.

9. BUSINESS ITEMS
The Council took a brief recess at 8:42 p.m. and reconvened at 8:47 p.m. with all members present.

9.a Update and Discussion of City Owned Properties (2025) https://youtu.be/_W68ZFK5JWU?si=4mdtAFYTTBx2jrlo&t=11197 Community Development Director Singewald presented the report and responded to Council inquiries.

Mayor Wixom opened public comment for Item 9.a.
https://youtu.be/_W68ZFK5JWU?si=veKQNAMGYAlPZzeF&t=12117  Onan Champi expressed interest in obtaining 490 Errol and requested the City keep them informed if any sites that are designated as surplus property.
 Nic De Angelis, Morro Bay, sought clarification on how properties were deemed developable or not, and extended the offer of a financial contribution to move things forward.
 Barry Branin, Morro Bay, stressed the importance of capitalizing on underutilized properties.

End of public comment.

No formal action was taken by the City Council on this item.

9.b Analysis of Alternatives for City Attorney Services Mayor Wixom sought consensus to go past 9:30 to hear this item. https://youtu.be/_W68ZFK5JWU?si=fF54o8D9UQwG7SR-&t=13418 Interim City Attorney Schultz presented the report and responded to Council inquiries.

Mayor Wixom opened public comment for Item 9.b.

8 https://youtu.be/_W68ZFK5JWU?si=shpBR9ijvLAwjk2G&t=15223  Dan Sedley, Morro Bay, commented in support of hiring an inhouse attorney.  Nic De Angelis, Morro Bay, spoke in support of an in-house attorney.

End of public comment.

Motion by Mayor Wixom
Seconded by Council Member Landrum
Directed staff to prepare a job description, salary range, and recruitment schedule for an in-house City Attorney.

Ayes (5): Mayor Wixom, Council Member Edwards, Council Member Eckles, Council Member Landrum, and Council Member Luffee CARRIED (5 to 0)

10. COUNCIL DECLARATION OF FUTURE AGENDA ITEMS
https://youtu.be/_W68ZFK5JWU?si=CFVHnEh5IeLLGZZL&t=15820 Council Member Landrum proposed consideration of forming a Council subcommittee for the Morro Elementary School property. Council Members Eckles, Luffee and Mayor Pro Tem Edwards supported the request.

Council Member Landrum requested consideration to expand the scope of the BESS ordinance to include all future energy projects within Morro Bay.

Community Director Singewald reminded Council that staff will bring back options and alternatives at a future meeting, likely within six months.

Council Member Eckles requested and received majority support for reconsideration of the City's Flagpole Policy established with the adoption of Resolution No. 103-22 in November 2022.

11. ADJOURNMENT
The meeting adjourned at 10:10 p.m.
/s/ Dana Swanson, City Clerk

1 MINUTES - MORRO BAY CITY COUNCIL

CLOSED SESSION MEETING
April 8, 2025, 3:00 p.m.

City Hall Conference Room
595 Harbor Street, Morro Bay, CA
Members Present: Mayor Carla Wixom
Council Member Cyndee Edwards
Council Member Jeff Eckles
Council Member Zara Landrum
Council Member Bill Luffee
Staff Present: City Manager Yvonne Kimball
Interim City Attorney Robert Schultz
Harbor Vitality Director Chris Munson
_____________________________________________________________________

1. ESTABLISH QUORUM AND CALL TO ORDER
Mayor Wixom called the meeting to order at 3:00 p.m. with all members present.

The City Attorney announced the Property Negotiators for Item 4.b. are Don Williams and Wendy Williams, Horton Williams Jr. and Savanah L. Williams Revocable Trust.

2. SUMMARY OF CLOSED SESSION ITEMS

3. CLOSED SESSION PUBLIC COMMENT
Mayor Wixom opened public comment for items on the agenda; seeing none, the public comment period was closed.

4. THE COUNCIL WILL CONVENE IN CLOSED SESSION

4.a CONFERENCE WITH REAL PROPERTY NEGOTIATOR -
GOVERNMENT CODE SECTION 54956.8
Property: Lease Site 134-136 & 132W-133W, 1245 Embarcadero, Tognazzini's Dockside & Dockside Too, Inc.

Property Negotiator: Mark Tognazzini
Agency Negotiators: Chris Munson, Harbor Vitality Director; Yvonne Kimball, City Manager; Rob Schultz, Interim City Attorney Negotiation: Price and Terms of Payment

2 4.b CONFERENCE WITH REAL PROPERTY NEGOTIATOR -
GOVERNMENT CODE SECTION 54956.8
Property: Lease Site 137, 1247 Embarcadero, Crill's Saltwater Taffy Property Negotiators: Don Williams and Wendy Williams, Horton Williams Jr. and Savanah L. Williams Revocable Trust.

Agency Negotiators: Chris Munson, Harbor Vitality Director; Yvonne Kimball, City Manager; Rob Schultz, Interim City Attorney Negotiation: Price and Terms of Payment

4.c CONFERENCE WITH REAL PROPERTY NEGOTIATOR -
GOVERNMENT CODE SECTION 54956.8
Property: Lease Sites 129W-131W, 1231 Embarcadero, Morro Bay Fish Company
Property Negotiator: Garrett Rose and David Rose, Morro Bay Seafood Company, LLC
Agency Negotiators: Chris Munson, Harbor Vitality Director; Yvonne Kimball, City Manager; Rob Schultz, Interim City Attorney Negotiation: Price and Terms of Payment

4.d CONFERENCE WITH REAL PROPERTY NEGOTIATOR -
GOVERNMENT CODE SECTION 54956.8
Property: Moorings A1-4, Marina Square, 601 & 699 Embarcadero Property Negotiators: Morro Bay Marina, a general partnership (Stan Trapp)
Agency Negotiators: Chris Munson, Harbor Vitality Director; Yvonne Kimball, City Manager; Rob Schultz, Interim City Attorney Negotiation: Price and Terms of Payment

4.e PUBLIC EMPLOYEE PERFORMANCE EVALUATION
Conduct an employee evaluation of the City Attorney pursuant to government Code section 54957.

4.f PUBLIC EMPLOYEE EMPLOYMENT
City Attorney pursuant to Government Code Section 54957.

4.g PUBLIC EMPLOYEE PERFORMANCE EVALUATION
Conduct an employee evaluation of the City Manager pursuant to Government Code Section 54957.

5. RECONVENE IN OPEN SESSION

3 The City Council reconvened in Open Session. The Council did not take any reportable action in accordance with the Brown Act.

6. ADJOURNMENT
The meeting adjourned at 5:25 p.m.

Respectfully submitted,
/s/ Dana Swanson, City Clerk

Prepared By: Dept Review: ________
City Manager Review: YK City Attorney Review: _RWS__ ___ Staff Report
TO: Honorable Mayor and City Council DATE: April 17, 2025 FROM: Yvonne Kimball, City Manager
SUBJECT: Adoption Resolution No. 22-25 and Limited Duration Interim City Attorney Employment Agreement for Retired Annuitant

RECOMMENDED ACTION
Adopt Resolution No. 22-25 appointing Robert Schultz to the position of Interim City Attorney and authorize the Mayor to execute the Limited Duration Interim City Attorney Employment Agreement for Retired Annuitant.

ALTERNATIVE
Obtain a firm or a different attorney who is not a Retired Annuitant to serve as Interim City Attorney.

FINANCIAL IMPACT
The Employment agreement specifies an hourly rate of $107.17, which is $92.83 below Robert Schultz’s independent contractor’s rate. Total costs will depend on the length of service of the Interim City Attorney, but they will be significantly below the amounts paid to the previous City Attorney.

BACKGROUND
On December 19, 2024, the City Council terminated its agreement for City Attorney services with Burke, Williams, Sorensen (BWS) and appointed Robert Schultz as Interim City Attorney. The Agreement between the City and Robert Schultz for Legal Services classified Robert Schultz as an independent contractor with an hourly rate of $200.

Robert Schultz is a retired CalPERS annuitant. Under the Public Employees’ Retirement Law (PERL), whether an individual is an “employee” or an “independent contractor” determines whether a retired annuitant must be enrolled in CalPERS as a retired annuitant (employee) or can return to work with a CalPERS agency without being subject to post-retirement work restrictions (Independent Contractor). Since CalPERS has been inconsistent in its guidance and publications on how it treats independent contractors, Robert Schultz submitted a letter to CalPERS on December 29, 2024, requesting a determination regarding his status as an independent contractor for post-retirement employment. Although Robert Schultz has yet to receive a written termination of his status as an independent contractor, CalPERS has stated orally that CalPERS has determined that Robert Schultz is classified as a retired annuitant employee as opposed to an independent contractor and therefore must comply with CalPERS rules.

AGENDA NO: 7.b
MEETING DATE: April 22, 2025

DISCUSSION
Since CalPERS has been classified Robert Schultz as a retired annuitant employee and not an independent contractor, he can return to work for the City of Morro Bay in one of two ways: 1) Extra Help Positions – the retiree has specialized skills needed to perform work of limited duration or their employment is needed during an emergency to prevent stoppage of public business; 2) Vacant Positions – the retiree may be appointed to an interim position during the active recruitment for a permanent replacement for the vacant position. Requirements for retired annuitant include:
 The position, must be designated as a retired annuitant position (not any other full-or part-time position)
 The salary must be an hourly pay rate that falls within the regular salary schedule for that position.
 No compensation or benefits in addition to the hourly rate can be paid.  Without exception, a maximum of 960 hours can be worked within a fiscal year (July 1 to June 30).
 There is no accrual of service credit or any additional retirement rights or benefits.  The retiree must be enrolled as a retired annuitant and pay rate with hours worked reported in the myCalPERS system.
 There must be an open recruitment to permanently fill the position in place to hire a retiree.

When the City terminated its agreement with BWS, it created an immediate emergency need for an Interim City Attorney to fill this role during the recruitment of a permanent City Attorney. Therefore, Robert Schultz qualifies as a retired annuitant employee subject to the restrictions set forth above.

Under CalPERS restrictions, Robert Schultz will be paid an hourly rate of $107.17, which is not less than the minimum or in excess of the maximum paid to other employees performing comparable duties. Robert Schultz will not receive any additional benefits, incentives, compensation in lieu of benefits, paid leave, or paid holidays unless required by state or federal law. Since Robert Schultz did not submit any invoices and has not been paid until a determination was made by CalPERS, Robert Schultz will be paid as a retired annuitant retroactively from December 19, 2024.

CONCLUSION
City Council should adopt a Resolution appointing Robert Schultz to the position of Interim City Attorney and authorize the Mayor to execute the Limited Duration Interim City Attorney Employment Agreement for Retired Annuitant in order to maintain an interim City Attorney until a permanent replacement is found.

ATTACHMENT(S)

1. Resolution No. 22-25 with Exhibit A, Employment Agreement

2. Robert W. Schultz Resume

RESOLUTION NO. 22-55

RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF MORRO BAY, CALIFORNIA,

APPOINTING ROBERT SCHULTZ AS AN INTERIM CITY ATTORNEY
PURSUANT TO GOVERNMENT CODE SECTION 21224

T H E C I T Y C O U N C I L
City of Morro Bay, California
WHEREAS, on December 19, 2024, the City Council terminated its agreement for city attorney legal services with Burke, Williams, Sorensen; WHEREAS, the termination of Burke, Williams Sorensen created an immediate emergency need for legal services during the recruitment of a permanent city attorney, and therefore, appointed Robert Schultz as Interim City Attorney. The Agreement between the City and Robert Schultz for legal services classified Robert Schultz as an independent contractor; and WHEREAS, CalPERS has determined that Robert Schultz must be classified as a retired annuitant employee and not an independent contractor; and WHEREAS, Government Code section 21221 and 21224 of the Public Employees’ Retirement Law permits the governing body to appoint a CalPERS retiree to a vacant position requiring specialized skills needed to perform work of limited duration, or their employment is needed during an emergency to prevent stoppage of public business, or an appointment to an interim position during active recruitment for a permanent replacement for the vacant position; and
WHEREAS, if the City did not obtain immediate specialized legal services, a work stoppage of public business would occur, and the City also needs to appoint an interim position during its active recruitment for a permanent replacement; and WHEREAS, Robert Schultz has demonstrated through his experience and work history that he possesses the required specialized skills; and
WHEREAS, the City Council desires to hire Robert Schultz to ensure a work stoppage of public business does not occur and to appoint him as a retired annuitant to the position of Interim City Attorney for the City of Morro Bay under Government Code Sections 21221 and 21224, effective December 19, 2024; and
WHEREAS, the City Council, the City of Morro Bay, and Robert Schultz certify that Robert Schultz has not and will not receive a “golden handshake” or any other retirement-related incentive; and
WHEREAS, this appointment shall only be made once to this vacant position and therefore, will end no later than September 30, 2025, if not sooner by the terms of the employment agreement (Exhibit A); and
WHEREAS, the entire employment agreement, contract or appointment document between Robert Schultz has been reviewed by this body and is attached hereto (Exhibit A), and all other Agreements between the City and Robert Schultz are terminated and null and void; and WHEREAS, this appointment shall be limited to 960 hours per fiscal year; and WHEREAS, the compensation paid to retirees cannot be less than the minimum nor exceed the maximum monthly base salary paid to other employees performing comparable

duties, divided by 173.333 to equal the hourly rate; and WHEREAS, the monthly base salary rate paid to Robert Schultz will be equivalent to the City Manager’s salary, and as approved by the City Council in the amount of $107.17 hourly, and WHEREAS, Robert Schultz has not and will not receive any other benefit, incentive, compensation in lieu of benefit, or other form of compensation in addition to this hourly pay rate.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MORRO BAY DOES HEREBY RESOLVE:

Section 1. The City Council hereby certifies the above recitals are true and correct and incorporated herein.

Section 2. The City Council does hereby appoint Robert Schultz to the position of Interim City Attorney and hereby certifies the nature of the appointment of Robert Schultz as described herein and detailed in the attached Employment Agreement and that this appointment is necessary to fill the critically needed position of Interim City Attorney for the City of Morro Bay until the recruitment process is completed.

Section 3. That the Mayor is authorized, on behalf of the City Council, to execute the Employment Agreement, a copy of which is attached as Exhibit A, setting forth the terms and conditions of employment for Robert Schultz.

Section 4. The City Clerk shall certify the passage and adoption of this resolution and enter it into the book of original resolutions.

Section 4. This resolution shall become effective immediately upon its passage and adoption.

PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof held this 22nd day of April 2025, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

RECUSE:
_______________________________
CARLA WIXOM, Mayor
ATTEST:
________________________________
DANA SWANSON, City Clerk

INTERIM CITY ATTORNEY EMPLOYMENT AGREEMENT

LIMITED DURATION RETIRED ANNUITANT
This INTERIM CITY ATTORNEY EMPLOYMENT AGREEMENT-LIMITED DURAT IO N RETIRED ANNUITANT (“Agreement”) is effective on the 19th day of December 2024 and is made by and between the CITY OF MORRO BAY (“City”), a Municipal corporation, and ROBERT SCHULTZ (“Employee”), an individual. The City and Employee may be referred to individually as a “Party” or collectively as “the Parties.”

R E C I T A L S
WHEREAS, the City of Morro Bay (“City”) desires to hire Employee as a temporary, atwill employee for a definite period of time to serve in the position of Interim City Attorney for the City of Morro Bay, California, which is a position that requires specialized skills, and Employee desires to perform and assume responsibility as the Interim City Attorney on a temporary basis subject to the terms and conditions set forth in this Agreement; and WHEREAS, the parties wish to have Employee perform the services of Interim City Attorney, while the City conducts its recruitment for a permanent City Attorney, and will terminate such services upon the City’s selection and hiring of a permanent City Attorney; and WHEREAS, Government Code Sections 7522.56 and 21221(h) and 21224 permit retired annuitants under the California Public Employees’ Retirement System (“CalPERS”) to be employed without reinstatement from retirement upon appointment by a public agency to fill a vacant position on an interim basis during the recruitment to permanently fill the vacant position, if approved by the City Council; and
WHEREAS, Employee has served as a City Attorney with over twenty-five years of Municipal experience, and those specialized skills are necessary to support the continuing operations of the City during the recruitment; and
WHEREAS, the City wishes to establish the terms and conditions of Employee’s services to the City through this Agreement, in compliance with Government Code section 7522.56 and 21221(h) and 21224.

NOW, THEREFORE, in consideration of the mutual covenants contained herein, City and Employee hereby agree as follows:

A G R E E M E N T

1.0 EMPLOYMENT & DUTIES

1.1 Duties. City hereby employs Employee as Interim City Attorney for the City to perform the functions and duties of the City Attorney contained in the City of Morro Bay Municipal Code, as otherwise provided by law, ordinance, or regulation, and such further lawful duties as directed by the City Council. Employee shall devote his best efforts to the performance of these duties.

1.2 Work Schedule. Employee will be required to keep accurate time records of his hours worked and be enrolled in the myCalPERS system as a retired annuitant to ensure that he does not exceed 960 hours worked within the fiscal years that occur during the term

of this Agreement. In the position of Interim City Attorney, work before or after normal business hours may be required. Employee shall attempt to flex his hours (starting late or ending early or scheduling time off during the week), so that he does not work over 40 hours in a workweek.

1.3 Employment Status. Employee shall serve at the will and pleasure of the City Council and understands he is an "at-will" employee subject to summary dismissal without any right of notice or hearing, including any “Skelly” hearing. The City may terminate the employment of the Employee at any time, as set forth in Section 2.2 below. Employee shall not be subject to the City’s Personnel System Rules and Regulations and will not acquire a property interest in the position of Interim City Attorney. Employee is a temporary employee employed to perform specialized services in accordance with Government Code sections 7522.56 and 21221(h) and 21224.

2.0 TERM

2.1 Term. This Agreement is effective December 19, 2024. (“Commencement Date”). This Agreement shall expire as of the first of the following to occur:
(i) within 30 days of the employment commencement date of a permanent City Attorney to allow for a transition period, but no later than September 30, 2025; (ii) upon Employee working 960 hours for fiscal year 2024-2025 or 960 hours in any subsequent fiscal year; or (iii) upon termination of the Agreement by either Employee or the City as provided below.

2.2 Termination by City or Employee. The City may terminate this Agreement at any time with or without cause and with or without notice. At the time of termination, Employee shall not be entitled to any pay or benefits, except that which is owed for those hours already worked. Additionally, Employee may terminate this Agreement at any time with or without cause, provided, however he shall reasonably provide the City with at least two (2) weeks’ advance written notice prior to the effective date of termination, if practicable, unless a shorter period is acceptable to the City.

2.3 Transfer of Responsibilities. After Notice of Resignation, Termination, or selection of a permanent City Attorney, the Employee shall cooperate with the City, as requested by the City, to effect a transition of the Employee’s responsibilities and duties and to ensure that the City is aware of all matters being handled by Employee.

2.4 No Reappointment or Extension of Term. In accordance with state law and the requirements of the PERL, the Employee may only be appointed to this position one time (single appointment).

2.5 No Severance Pay. Upon termination, Employee shall not be entitled to severance pay, payment of any benefits, or any other form of compensation, and Employee expressly waives any and all rights with respect to severance pay.

3.0 COMPENSATION AND REIMBURSEMENT

3.1 Compensation and Compensation Cap. For the services rendered pursuant to this Agreement, the City agrees to pay Employee as Employee’s sole compensation, the amount of $107.17 per hour, which amount is in conformance with the requirements of Government Code Section 7522.56(d). The hourly rate is not more than the maximum nor less than the minimum monthly base salary paid to other employees performing comparable duties, reflected as an hourly rate by dividing the monthly base pay by 173.333. Because the Employee

is paid on an hourly basis, and in accordance with the FLSA, if the Employee works over 40 hours per workweek, the Employee will be paid for additional hours at the legally required overtime rate.

3.2 Medicare. Employee shall pay his own required Medicare contributions.

3.3 No Other Benefits. Employee shall not receive any benefits, incentives, compensation in lieu of benefits, or any other forms of compensation.

3.4 Reimbursable Expenses. Employee shall be entitled to reimbursement of mileage for driving required in the course of his work (not commuting), in accordance with City policies for all employees. Employee shall not be entitled to reimbursement for any other costs or expenses incurred in the performance of Employee’s duties under this Agreement unless said costs and expenses have received prior approval by the City Council and are supported by written documentation in accordance with the established policies and customary practices of the City.

4.0 ACKNOWLEDGMENT OF NO BENEFITS

4.1 Conflicts Prohibited. During the term of this Agreement, Employee shall not engage in any business or transaction or maintain a financial interest which conflicts, or reasonably might be expected to conflict, with the proper discharge of Employee’s duties under this Agreement. Employee shall comply with all requirements of law, including but not limited to, Sections 87100 et seq., Section 1090 and Section 1125 of the Government Code, and all other similar statutory and administrative rules.

4.2 Provision of Benefits Prohibited. Employee is a CalPERS retiree and will thus not be enrolled in CalPERS, other than as a retired annuitant solely for administrative recording keeping purposes (Employee will remain in retired status) and will report both the hours worked by Employee and pay pursuant to this Agreement. Employee understands and acknowledges that Government Code Section 21221(h) provides that a retired annuitant appointed to a vacant position pursuant to this subdivision shall not receive any benefits, incentives, compensation in lieu of benefits, or any other forms of compensation in addition to the hourly rate of compensation. Therefore, Employee will receive only the hourly wages described above, unless otherwise required by applicable law

5.0 ANNUITANT’S REPRESENTATIONS AND WARRANTIES

5.1 Employee warrants that he has been retired for service from state service, as defined in the Public Employees’ Retirement Law, for at least 180 days and that he therefore is eligible to be employed as a retired annuitant by the City.

5.2 Employee represents that he is currently not employed by any other CalPERS employer.

5.3 Employee warrants that he has not received any unemployment insurance compensation arising out of prior public employment during the prior 12-month period prior to appointment.

6.0 BONDS AND INDEMNIFICATION

6.1 Indemnification. For the purposes of indemnification and defense of legal actions, Employee shall be considered an employee of the City and entitled to the same rights and subject to the same obligations as are provided for all other employees of the City, as required by the Government Code. Accordingly, to the extent mandated by the Government Code, the City shall defend, hold harmless, and indemnify Employee against any tort, professional liability, claim or demand, or other legal action arising out of an alleged act or omission occurring within the course and scope of Employee’s services under this Agreement, subject to the exceptions and exclusions provided by law.

6.2 Bonds. City shall bear the full cost of any fidelity or other bonds, which may be required in the performance of Employee’s services under this Agreement.

7.0 NOTICES
Any notice required or permitted by this Agreement shall be in writing and shall be personally served or shall be sufficiently given when served upon the other party as sent by the United States Postal Service, postage prepaid and addressed as follows:

To City: To Employee:

City Council Robert Schultz
City of Morro Bay 3940 Broad Street
595 Harbor Street. Ste. 7-155
Morro Bay, CA 90755 SLO, CA 93401
Notices shall be deemed given as of the date of personal service or upon the date of deposit in the course of transmission with the United States Postal Service.

8.0 GENERAL PROVISIONS

8.1 Entire Agreement. This Agreement represents the entire agreement between the parties and supersedes any and all other agreements, either oral or in writing, between the parties with respect to Employee’s employment by City and contains all of the covenants and agreements between the parties with respect to such employment. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by either party, or anyone acting on behalf of either party, which are not embodied herein, and that no other agreement, statement or promises not contained in this Agreement shall be valid or binding upon either party.

8.2 Assignment. This Agreement is not assignable by either the City or Employee.

8.3 Severability. In the event any provision of this Agreement is finally held or determined to be illegal or void by a court having jurisdiction over the Parties, the remainder of this Agreement shall remain in full force and effect unless the parts found to be illegal or void are wholly inseparable from the remaining portions of this Agreement.

8.4 Effect of Waiver. The failure of either party to insist on strict compliance with any of the terms, covenants, or conditions of this Agreement by the other party shall not be

deemed a waiver of that term, covenant, or condition, nor shall any waiver or relinquishment of any right or power at any one time or times be deemed a waiver or relinquishment of that right or power for all or any other times.

8.5 Governing Law and Jurisdiction. This Agreement shall be governed by and construed in accordance with the laws of the State of California, which are in full force and effect as of the date of execution. Any action to interpret or enforce the terms of this Agreement shall be held exclusively in a state court in San Luis Obispo County, California.

8.6 Interpretation. This Agreement shall not be construed against the party or its representatives who drafted it or who drafted any portion thereof.

8.7 Authority. The persons executing this Agreement on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said party, (iii) by so executing this Agreement, such party is formally bound to the provisions of this Agreement, and (iv) the entering into this Agreement does not violate any provision of any other Agreement to which said party is bound.

IN WITNESS WHEREOF, the City of Morro Bay has caused this Agreement to be signed and executed on its behalf by its Mayor, and duly attested by its officers thereunto duly authorized, and Employee has signed and executed this Agreement.

CITY OF MORRO BAY
_______________________________
Mayor, Carla Wixom

RETIRED ANNUITANT EMPLOYEE
________________________________
Robert Schultz

R O B E R T W. S C H U L T Z
3940 Broad Street, Suite 7-155
San Luis Obispo, CA 93401
(805) 550-3588
[email protected]
LEGAL
EXPERIENCE GENERAL: Seasoned attorney with experience in a wide range of legal matters. Proven ability to provide sound legal advice, effectively manage a legal department, and build positive relationships with board members, city officials, employees, other governmental agencies, and the community.

Conducted extensive legal research and prepared legal memorandums, opinion and staff reports on interpreting laws, pending legislation and court decisions. My legal experience includes trials and legal issues related to tort claims, land use, construction, real estate transactions, energy, water, wastewater, and labor. Admitted to practice in the courts of the State of California, the United States District Court for the Central Districts of the State of California, and the United States Ninth Circuit Court of Appeals. 2023-Present SAN LUIS OBISPO LEGAL ASSISTANCE FOUNDATION, Staff Attorney Part Time Staff Attorney for a nonprofit corporation that provides free legal services to the underserved community. My primary focus is with housing and government benefit issues.
2023-Present OCEANO COMMUNITY SERVICES DISTRICT, Interim District Counsel Providing legal advice and opinions to Town officials and Staff and help recruit and retain permanent District Counsel.
2013 -2022 TOWN OFLOS GATOS, Town Attorney/Risk Manager Provided legal advice and opinions to Town officials, departments, employees, boards, and commissions. Drafted and reviewed all contracts, real estate transactions, ordinances, resolutions, and staff reports. Represented the Town’s legal interests before judicial and administrative agencies. Conducted employee internal investigations, landlord/tenant mediations, and prosecuted violations of the Municipal Code. Also served as the Risk Manager and managed outside special counsel.
1998- 2013 CITY OFMORRO BAY,City Attorney/Risk Manager
Provided legal advice and opinions to City officials, departments, employees, boards, and commissions. Drafted and reviewed all contracts, leases, ordinances, resolutions, staff reports and other City documents. Rendered legal advice and opinions in complex environmental compliance matters, land use/natural resource strategies, water rights and permitting and protection of water supply and wastewater discharge permits. Represented the City’s legal interests in labor negotiations, before judicial and administrative agencies including the Water Quality Control Board, the Energy Commission, and the Coastal Commission. Conducted internal investigations and managed the work of outside special counsel. Also served as the Risk Manager for the City.

1998- 2013 SAN SIMEON COMMUNITY SERVICES DISTRICT , District Counsel Provided legal advice and services to the District Board and Committees.

Drafted and reviewed all contracts, ordinances, resolutions, and other documents. Rendered legal opinions and represented the District in complex environmental compliance matters and in the permitting and protection of the District’s water supply and wastewater discharge permits. Represented the District’s legal interests before judicial and administrative agencies including the Water Quality Control Board and Coastal Commission. 1997-2002 HUNT & ASSOCIATES, Attorneys and Counselors at Law:

Senior Attorney serving the Firm and its clients in the Firm’s litigation practice group and served as Assistant City Attorney for Pismo Beach. Extensive trial experience in all aspects of civil litigation, including insurance defense, public entity defense, land use, construction, real estate, and personal injury. 1990 - 1997 BAILEY &SCHULTZ, APC
PARTNER of a law firm specializing in land use, construction and public works disputes against Cities and Counties.
1987 - 1990 ANDRADE &HARGAN APC:

ASSOCIATE Attorney in civil litigation firm specializing in insurance defense and construction law.

EDUCATION JD, December of 1986, SOUTHWESTERN UNIVERSITY SCHOOL OFLAW.

BS, June of 1983, Business Administration, UNIVERSITY OF LA VERNE.

OTHER

EXPERIENCE
During my career, I have also served as special counsel for the City of Santa Maria, Guadalupe, Pismo Beach, Atascadero, Kings City, Solvang and Gilroy. The legal assignments included conducting internal investigations, serving as a hearing officer for administrative appeals, and providing legal advice on contracts, lease issues, and development projects.

In addition, I have served on various boards and committees including the Cal Cities State Brown Act Board, the Cal Cities State Public Works Board, the Cal Cities State Economic Development Committee, the Cal Cities State Housing Committee, the Cal Cities State Marijuana Committee, the PLANJPA Risk Management Executive Board, the City of San Luis Obispo Architectural Review Board, the City of Tustin Recreation & Parks Board, the Cal Poly Athletic Board, the San Luis Obispo Downtown Economic Development Board, and the Association of General Contractors Legal Advisory Board.
,

Prepared By: __AW________ Dept Review: ________
City Manager Review: _ YK__ City Attorney Review: RWS
Staff Report
TO: Honorable Mayor and City Council DATE: April 16, 2025 FROM: Amy Watkins, Police Chief
SUBJECT: Introduce An Ordinance Repealing and Replacing Title 7 (Animals) of the Morro Bay Municipal Code

RECOMMENDED ACTION

1. Introduce by title only with further reading waived, Ordinance No. 669 entitled, “An Ordinance of the City Council of the City of Morro Bay, California, repealing and replacing Title 7 (Animals) of the Morro Bay Municipal Code to adopt and incorporate by reference San Luis Obispo County Code Title 9 (Animals) and to retain certain city requirements regarding animals, and finding the action not subject to CEQA.”

2. Authorize the Mayor to sign a letter to the San Luis Obispo County Board of Supervisors expressing the City’s desire for the review and changing of Title 9, Sections 9.04.002 and

9.04.006, requiring Animal Services to adopt a seven-day holding period of all impounded household pets.

ALTERNATIVES
Council could decide not to introduce Ordinance 669 incorporating Title 9 of the County Code by reference and keep the existing Municipal Code language. This action is not recommended, as City staff does not have the animal control expertise needed to ensure current regulations are updated with best practices and in compliance with regulations and laws related to animal control.

FISCAL IMPACT
The Animal Services contract is budgeted out of the Police Department General Fund Budget under Support Services/Contractual Services. The total budget allocated for FY 2024-25 is $60,000 for animal services.

There is no projected fiscal impact directly related to adopting the County of San Luis Obispo Title 9 by reference. The City costs associated with Animal Services are based on our calls for service and shelter usage, based on a percentage of total costs in relation to the usage and calls for service of the other cities and the County.

BACKGROUND
On April 8, 2025, during the Morro Bay City Council meeting, Council received a presentation from San Luis Obispo Animal Services Manager, Eric Anderson, DVM, regarding the scope of service and cost allocation methods provided by San Luis Obispo Animal Services.

AGENDA NO: 8.a
MEETING DATE: April 22, 2025

Council was also presented an agenda item; Introduction by title Ordinance No. 669 entitled, “An Ordinance of the City Council of the City of Morro Bay, California, repealing and replacing Title 7 (Animals) of the Morro Bay Municipal Code to adopt and incorporate by reference San Luis Obispo County Code Title 9 (Animals).

Community correspondence was received prior to the meeting and public comment was heard from the community. County Code Sections 9.04.002 and 9.04.006 regarding the holding period for household pets was discussed with the community requesting the city require San Luis Obispo County Animal Services to increase the holding period from three days to seven days. A motion to adopt the ordinance with a change to the County Code Sections 9.04.002 and 9.04.006 requiring the seven-day holding period was made. City Attorney Robert Schultz advised the Council that the city does not have the ability to change the county code. The council revised the motion, instructing staff to return with the agenda item on April 22, 2025, with additional recommendations regarding the holding period.

DISCUSSION
Staff met with the Animals Services Manager, the City Manager, and the City Attorney to discuss options.

Animal Services maintains Title 9 of the County Code (Animals) has been adopted by the Board of Supervisors after staff and legal review of the code. The code is in line with State Law and industries’ best practices. Title 9 of the County Code cannot be changed without direction from County Board of Supervisors. Further, a city municipal code is unenforceable with County Animal Services.

The City Manager met with other city managers in San Luis Obispo County and the county administrator to address the City Council’s concerns regarding the holding period. Five of the seven cities have adopted Title 9 of the County Code with no similar issues or concerns regarding the holding period. Since this is a regional agreement, city managers were concerned that a longer holding period would increase costs for all cities.

A discussion with the Morro Bay City Attorney resulted in the main concern being the legal liability if the City of Morro Bay chose to adopt a substantively different holding period from the county code.

To conclude, there are no significant changes to the current rules and regulations related to animals.

The City of Morro Bay Municipal Code has previously maintained the same three-day holding period as the county code indicates once notification is made. The proposed ordinance is a clean-up effort to streamline the city’s animal regulations to reflect state law changes and align with regional animal services regulations. Once adopted, the ordinance will ensure efficiency in implementing the regional animal service agreement. This update has been a county-wide collaborative effort. Other municipalities have adopted the ordinance.

ATTACHMENT(S)

1. Proposed Ordinance No. 669 amending Title 7 (Animals)

2. Link to April 8, 2025 Staff Report and Attachments

3. Link to April 8, 2025 Staff Presentation

Created: 2024-08-20 12:12:04 [EST]
(Supp. No. 22)

ORDINANCE NO. 669

AN ORDINANCE OF THE CITY COUNCIL

OF THE CITY OF MORRO BAY, CALIFORNIA,
REPEALING AND REPLACING TITLE 7 (ANIMALS) OF THE MORRO BAY MUNICIPAL

CODE TO ADOPT AND INCORPORATE BY REFERENCE SAN LUIS OBISPO COUNTY CODE TITLE 9 (ANIMALS) AND TO RETAIN CERTAIN CITY REQUIREMENTS

REGARDING ANIMALS AND FINDING THE ACTION NOT SUBJECT TO CEQA

THE CITY COUNCIL
City of Morro Bay, California
WHEREAS, the City of Morro Bay, California (“City”) is a municipal corporation, duly organized under the California Constitution and laws of the State of California; and WHEREAS, Title 7 of the Morro Bay Municipal Code currently sets forth the animal control regulations applicable within the City; and
WHEREAS, the Division of Animal Services (“Division”) for the County of San Luis Obispo (“County”) was established to provide animal care and control functions relating to the care, keeping, and management of animals within the County; and WHEREAS, the City contracts with the Division for the provision of animal control services within the City and the Division works in conjunction with the City’s Police Department and other City personnel to administer such services within the City’s boundaries; and WHEREAS, in 2024, the County updated Title 9 of its Municipal Code to enhance animal control regulations, including amendments to licensing requirements, public safety standards, and enforcement measures; and
WHEREAS, the City has reviewed these updates and now seeks to amend Title 7 of the Morro Bay Municipal Code to substantially incorporate Title 9 of the San Luis Obispo County Code to ensure alignment with regional animal control standards and maintain the Division’s jurisdiction for services within the City while tailoring certain provisions to address the specific needs of the City, as set forth in the proposed Ordinance attached hereto as Exhibit “A”; and WHEREAS, any and all other legal prerequisites relating to adoption of this Ordinance have occurred.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MORRO BAY, CALIFORNIA FINDS AND ORDAINS AS FOLLOWS:

SECTION 1. Recitals. The City Council hereby finds that the foregoing recitals set forth above are all true and correct and are incorporated herein by this reference.

SECTION 2. Municipal Code Amendments. The City Council desires to adopt the proposed Ordinance, repealing and replacing Title 7 (Animal) of the Morro Bay Municipal Code to read as follows.

Created: 2024-08-20 12:12:04 [EST]
(Supp. No. 22)

Chapter 7.04 GENERAL PROVISIONS

7.04.010 Adoption and incorporation of San Luis Obispo County Animal Control Code (Title 9).

The provisions of San Luis Obispo County Animal Control Code, Title 9, as amended from time to time, are adopted by reference and incorporated in their entirety as equivalent provisions of the Morro Bay Municipal Code. To the extent any provision or provisions of the San Luis Obispo County Animal Control Code, Title 9, as adopted, conflict with any other provision or provisions of the Morro Bay City Municipal Code, the other provision or provisions of the Morro Bay Municipal Code shall take precedence.

7.04.020 Enforcement of Animal Control provisions within City The provisions of this Title are enforceable within the jurisdictional boundaries of the City of Morro Bay by the San Luis Obispo County Division of Animal Services and County of San Luis Obispo Animal Control Officer, or designee, pursuant to and in accordance with the terms of a contract for animal care and control services entered into between the City and the County, and by City Code Enforcement and the City Police Department.

7.04.130 Pet Shop Permit refusal, suspension.

Not withstanding SLOCC Section 9.06.006, whenever the issuance of a permit is refused, suspended, or a permit is revoked , the applicant or permittee may appeal the action to the city council within ten days. The clerk shall set the matter for hearing at the earliest possible date and shall give reasonable notice of the time and place of the hearing to the applicant or permittee and to the San Luis Obispo County Division of Animal Services (“division”). The city council, or its designee, shall hear the evidence offered by the applicant or permittee and the division, and shall forthwith decide the issue. The decision of the city council or its designee, shall be final.

Ordinance No. 669

Chapter 7.08 OTHER ANIMALS, POULTRY AND BIRDS

7.08.010 Wild bird sanctuary.

The city is designated a bird sanctuary, and signs bearing the legend "Morro Bay is a bird sanctuary" shall be placed at appropriate locations at or near the city limits at principal entrances to the city.
(Ord. 480 (part), 2000)

7.08.015 Molesting wild birds—Nuisance remedies.

No person shall trap, shoot, hunt, molest, injure or kill any wild birds, or tamper, damage or destroy the nests or eggs of any wild birds within the city. Should the city council determine by resolution that birds protected under this chapter have become so numerous or destructive in any particular location or area as to constitute a menace and danger to the public health, safety or property, the council may provide for such remedies appropriate under the circumstances. (Ord. 480 (part), 2000)

7.08.020 Poultry, rabbits and other fowl.

A. No person shall keep upon any premises in the city more than twelve of any poultry, rabbits, or other fowl:

1. Within fifty feet of any dwelling; and

2. The owner or person in charge of such rabbits, poultry or other fowl kept in the city shall provide suitable houses or cotes with board or cement floors in each and every house and cote and such houses, cotes or pens shall at all times be kept clean.

B. No rooster over four months old shall be kept on any premises in the city, unless the premises involved is operating on a commercial basis or is on an agricultural zoned parcel in conformance with existing zoning regulations and state statutes governing such commercial operation.
(Ord. 480 (part), 2000; Ord. 234 (part), 1982)

7.08.025 Livestock.

A. Except as otherwise permitted in this chapter, no person shall own, keep, maintain, stake or pasture any bovine, swine, sheep, goat, horse or other livestock upon any premises in the city unless the lot or parcel size is a minimum twenty thousand square feet or, the parcel is in a properly zoned agricultural district in which case the number of animals shall not exceed the maximum density allowed for such animals pursuant to Section 17.30.060 of this code.

B. All such fences, enclosures, corrals or pens used to restrain such animals in this section must be of adequate materials and properly maintained to humanely enclose and protect the animals and prevent the trespass of such animals upon any private property or upon any street or other public place.
(Ord. 480 (part), 2000; Ord. No. 654, § 6, 11-22-22)

Ordinance No. 669

7.08.030 Keeping of pygmy livestock.

Pygmy livestock may be kept or maintained upon any premises subject to the following conditions:

A. Male pygmy livestock must be neutered before they reach sexual maturity.

B. Pygmy livestock shall be subject to the leash law.

C. No person or persons may own, harbor, or maintain or cause to be maintained more than two pygmy animals at any dwelling within the city, unless such dwelling is on a parcel that meets the size and zoning criteria as contained in Section 7.16.040 in which case the number of animals shall be limited to the maximum listed density allowed as codified.
(Ord. 480 (part), 2000; Ord. 459 § 42, 1997; Ord. 434 § 2, 1993: Ord. 234 (part), 1982) SECTION 3. Compliance with the California Environmental Quality Act (CEQA). This interim ordinance is not subject to CEQA (Public Resources Code Section 21000 et seq.) pursuant to CEQA Guidelines (California Code of Regulations, Title 14, Section 15000 et seq.) Section 15060(c)(2) [activity will not result in a direct or reasonably foreseeable indirect physical change in the environment]. Additionally or alternatively, this interim ordinance is exempt from CEQA under CEQA Guidelines Sections 15061(b)(3) [it can be seen with certainty that there is no possibility the activity in question may have a significant effect on the environment], 15307 [Class 7, categorical exemption for regulatory activity to assure the protection of natural resources], and 15308 [Class 8, categorical exemption for regulatory activity to assure the protection of natural resources]. Further, this interim ordinance is exempt from CEQA pursuant to Public Resources Code Section 21080(b)(4) and CEQA Guidelines Section 15269(c) because it prevents a clear and imminent danger that requires immediate action to prevent or mitigate the loss of, or damage to, life, health, property, and essential public services.

SECTION 4. Severability. If any section, subsection, sentence, clause, phrase, or portion of this ordinance is, for any reason, held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions thereof may be declared invalid or unconstitutional.

SECTION 5. Effective Date. This ordinance shall be in full force and effect thirty (30) days after its passage.
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Ordinance No. 669

SECTION 6. Certification. The City Clerk shall certify as to the passage and adoption of this ordinance, and the City Clerk shall cause the same to be posted and codified in the manner required by law.

INTRODUCED at a regular meeting of the City Council held on the 22nd day of April 2025, by motion of Council Member _____________ and seconded by Council Member _____________.

PASSED AND ADOPTED on the ____ day of _______, 2025, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

RECUSE:
____________________________
CARLA WIXOM, Mayor
ATTEST:
________________________________
DANA SWANSON, City Clerk
APPROVED AS TO FORM:
_________________________________
ROBERT W. SCHULTZ, Interim City Attorney

Ordinance No. 669

STATE OF CALIFORNIA )

COUNTY OF SAN LUIS OBISPO )

CITY OF MORRO BAY )
I, Dana Swanson, CITY CLERK FOR THE CITY OF MORRO BAY, HEREBY CERTIFY the foregoing Ordinance Number 669 was duly adopted by the City Council of the City Council of the City Morro Bay at a regular meeting of said Council on the _____ day of _________ 2025 and that it was so adopted on by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

RECUSE:

IN WITNESS WHEREOF I have hereunto set my hand and affixed the official seal of the City of Morro Bay, California, this ______ day of _______________, 2025.

DANA SWANSON, City Clerk

Prepared By: __RH______ Dept Review: ____
City Manager Review: _YK___ City Attorney Review: _RWS__ Staff Report
TO: Honorable Mayor and City Council DATE: April 10, 2025 FROM: Robert W. Schultz, Interim City Attorney
PREPARED BY: Rachael Hendricks, Human Resources/Risk Manager SUBJECT: City Attorney Recruitment

RECOMMENDED ACTION

1. Adopt Resolution No. 20-25 approving the new City Attorney Job Classification and Job Description; and

2. Adopt Resolution No. 21-25 approving updated FY 2024-25, 2025-26, and 2026-27 Pay Schedules establishing the salary range for the City Attorney; and

3. Provide direction to staff on recruitment approach: 1) Conduct an in-house recruitment using City Human Resources staff; or 2) Hire an external recruiter with executive-level municipal recruitment experience.

BACKGROUND
At the April 8, 2024 City Council meeting, the Council directed staff to return with a draft job description for an in-house City Attorney position. From the City of Morro Bay’s incorporation in 1964 until 2002, and again from 2013 to the present, the City contracted for legal services through outside law firms.

Between 2002 and 2013, the City employed an in-house City Attorney and Legal Assistant. After considering comparative city data and internal service needs during the April 8, 2025 Council Meeting, the City Council directed staff to prepare a City Attorney job description and salary range to support the Council’s consideration of returning to an in-house City Attorney model.

FISCAL IMPACT
The fiscal impact of establishing an in-house City Attorney is estimated to be between $550,000 and $700,000 annually, including salary, benefits, support staff, office space, furniture, technology, and professional resources, such as a legal assistant. The first year is expected to have a higher cost due to the need to acquire computers, copier, printer, scanner, and phones.

The Council-directed salary range for the City Attorney position is:
 FY 2024-2025: $201,947 – $222,914
 FY 2025-2026: $212,035 – $234,062
 FY 2026-2027: $222,643 – $245,773
Recruitment costs may range from $3,000–$5,000 for an in-house process and approximately $35,000 if a professional search firm is engaged, plus candidate travel expenses.

AGENDA NO: 9.a
MEETING DATE: April 22, 2025

2 DISCUSSION
Adopting the Job Description
To move forward with in-house legal services, the City must establish a job description for the City Attorney role that reflects the full scope of services required, including land use, real estate, harbor lease negotiation and administration, and public works construction legal support. This role is an executive-level position and is expected to perform commensurate responsibilities. Although the City previously had an in-house City Attorney, staff could not locate a prior City Attorney job description in our archives. The proposed City Attorney job description is attached as Attachment 1.

The City Attorney job description summary is as follows:

Under the broad policy direction of the City Council, the City Attorney serves as the chief legal officer of the City of Morro Bay. This position provides legal advice and representation to the City Council, City Manager, and City departments, and oversees all the City's legal affairs. The City Attorney is appointed by and reports directly to the City Council and is a City Executive Team member. The City Attorney performs high-level professional legal work, advises on policy and operational matters, and ensures the City’s activities comply with applicable laws and minimizes liability.

Salary Range
The proposed salary range mirrors the City Manager position. Although research indicates that City Attorney’s salary is typically lower than that of the City Manager, the proposed range remains the same due to recruitment challenges. The proposed salary range below includes the same 5% Cost of Living Allowance (COLA) that the City Manager is scheduled to receive in the next two fiscal years.  FY 2024-2025: $201,947 - $222,914
 FY 2025-2026: $212,035 - $234,062
 FY 2026-2027: $222,643 - $245,773
Recruitment Strategy Options
Staff seeks guidance from the City Council on which of two recruitment options to proceed with.

Option 1: In-House Recruitment
Under this option, the City’s Human Resources staff would manage the full recruitment process with the assistance of the Interim City Attorney. This would include creating a recruitment brochure, posting the job, reviewing applications, initial phone screen or interest calls, coordinating with the Council on interviews, conducting reference and background checks, and assisting the Council in extending an offer. Staff estimate the process would take approximately 8 to 14 weeks, depending on the volume and quality of applicants.

Advantages:
 Lower cost (limited to advertising costs and staff time) with approximate advertising costs of $5000, plus candidate travel reimbursement expenses
 Full control over the recruitment timeline, process, and candidate communications  Familiarity with internal City culture, needs, and procedures

3 Disadvantages:
 City Attorney recruitment is different than other executive recruitments as candidates can be in both the private and public sector, which could result in limited passive candidate reach.  Without a recruiter's network or outreach tools, the recruitment would rely primarily on public postings, which may not attract candidates who are not actively job seeking or are in the private sector.
 Candidates seeking confidentiality may not apply
 Requires significant staff time
Option 2: Executive Recruiter
The City may choose to hire an executive recruiter with specific experience in municipal City Attorney placements. A professional recruiter can lead all or certain aspects of the process, including targeted outreach, candidate screening, background and reference checks, and support throughout the interview and selection process. The City last used an executive recruiter in 2023 for the City Manager recruitment, which cost approximately $35,000, plus travel expenses for all aspects of the process.

Advantages:
 Access to broader talent pools, including passive candidates o Executive recruiters maintain networks or databases of qualified individuals who are not actively applying for public job postings but may be open to the right opportunity.

These passive candidates are often experienced and well-qualified but are unlikely to be reached through traditional advertising alone.
 Confidential outreach
o Recruiters can engage potential candidates discreetly, which is often important for those currently employed in roles (such as those reporting to a city council or board) who may not want to express interest publicly.
 Recruiters handle first-round interviews, reference checks, and preliminary background vetting, allowing the Council to focus only on the high-potential finalists.

Disadvantages:
 Higher costs (estimated at $30,000–$40,000 for full process), plus recruiter and candidate travel reimbursement expenses
 Less internal control over candidate interactions

CONCLUSION
Staff recommends the Council adopt the job description, establish the salary range for the City Attorney position, and provide direction on whether to proceed with Option #1- In-House Recruitment or Option #2 – Executive Recruiter, or a combination of both where recruitment starts with Option #1 while securing a recruiter and is followed by Option #2 once a recruiter contract is entered into.

ATTACHMENTS

1. Resolution No. 20-25 Approving New Job Classification and New Job Description for the City Attorney

2. Resolution No. 21-25 Adopting Updated FY 2024-25, 2025-26, and 2026-27 Pay Schedules a. Exhibit A – FY 2024-25 Pay Schedule
b. Exhibit B – FY 2025-26 Pay Schedule
c. Exhibit C – FY 2026-27 Pay Schedule

RESOLUTION NO. 20-25

RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF MORRO BAY, CALIFORNIA,

APPROVING A NEW JOB CLASSIFICATION AND

NEW JOB DESCRIPTION

T H E C I T Y C O U N C I L
City of Morro Bay, California
WHEREAS, the Council desires to approve new “City Attorney” job classification, set compensation range for the classification, and adopt a job description for the unrepresented classification; and
NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Morro Bay does hereby attest:

1. The unrepresented full-time classification of “City Attorney” is hereby created. The job description for this new classification, attached hereto, is hereby adopted. The initial annual compensation for the City Attorney classification shall be as follows:

Step 1 Step 2 Step 3 Step 4 Step 5
201,947 207,002 212,160 217,464 222,914

2. This resolution shall be effective as of the date of its adoption PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof held on the 22nd day of April 2025 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

RECUSE:
______________________________
CARLA WIXOM, Mayor
ATTEST:
_____________________________
DANA SWANSON, City Clerk

CITY ATTORNEY

DEFINITION
Under the broad policy direction of the City Council, the City Attorney serves as the chief legal officer of the City of Morro Bay. This position provides legal advice and representation to the City Council, City Manager, and City departments, and oversees all the City's legal affairs. The City Attorney is appointed by and reports directly to the City Council and is a City Executive Team member. The City Attorney performs high-level professional legal work, advises on policy and operational matters, and ensures the City’s activities comply with applicable laws and minimizes liability.

ESSENTIAL DUTIES AND RESPONSIBILITIES

 Serves as legal advisor to the City Council, City Manager, City departments, boards, commissions, and committees.
 Drafts, reviews, and interprets ordinances, resolutions, policies, contracts, development agreements, and other legal instruments.
 Represents the City in civil litigation, administrative hearings, and other legal proceedings; manages and oversees outside legal counsel.  Provides legal support and risk management advice to reduce liability exposure and ensure compliance with state, federal, and local laws.  Attends all City Council and designated board/commission meetings and provides legal guidance on matters under discussion.  Reviews staff reports, agenda items, and public communications for legal sufficiency and clarity.
 Advises on public records, open meetings (Brown Act), conflicts of interest, and ethics laws.
 Supports and advises on land use and planning matters, including California Environmental Quality Act (CEQA), zoning, Coastal Act compliance, and entitlement processes.
 Provides legal guidance on lease negotiations and management of Cityowned real property, including tidelands and harbor leases.  Advises on harbor operations and legal obligations under the Tidelands Trust and related State agency regulations.
 Provides legal review and counsel on public works, construction projects, and professional services contracts.

 Coordinates with the City Engineer and Public Works staff on contract law, bid protests, and infrastructure legal issues.
 Reviews and recommends updates to the Municipal Code and City policies to ensure legal consistency and clarity.
 Develops and delivers training for elected officials and City staff on applicable laws, legal updates, and City policy compliance.  Coordinates legal strategy and oversees the work of outside legal counsel; reviews and approves related invoices.
 Maintains professional knowledge of evolving municipal law, including pending legislation and case law.
 Performs other duties as assigned or as necessary to meet the legal needs of the City.

QUALIFICATIONS:

Knowledge of:
 Principles and practices of municipal law, public agency risk management, and litigation.
 Land use planning, CEQA, zoning, and coastal land use laws and permitting processes.
 Real property, lease negotiation, and management related to harbor and tidelands.
 California laws, including the Brown Act, Public Records Act, Political Reform Act, and Government Code provisions affecting public agencies.  Public works construction law, procurement procedures, and contract administration.
 Principles of legal research, writing, and case law analysis.

Ability to:
 Provide sound legal advice and represent the City’s interests effectively in all forums.
 Interpret laws, rulings, and regulations affecting municipal government.  Communicate clearly and concisely in writing and verbally with elected officials, staff, and the public.
 Work collaboratively with department heads, community partners, and legal counterparts.
 Maintain professional confidentiality and exercise sound ethical judgment.
 Manage complex legal projects and meet deadlines under pressure.  Supervise and coordinate outside legal counsel services effectively.

Education & Experience:
 Juris Doctor (JD) degree from an accredited law school.  Active membership in good standing with the State Bar of California.  Minimum five (5) years of increasingly responsible legal experience in municipal law or equivalent.
 Experience with land use, coastal law, lease management, and harbor operations preferred.
 Coastal city legal experience is highly desirable.

The Fine Print
The job description does not constitute an employment agreement between the employer and employee and is subject to change as the employer's needs and job requirements change.

The duties listed above are intended only as illustrations of the various types of work that may be performed. The omission of specific statements of duties does not exclude them from the position if the work is similar, related or a logical assignment to the position.

TOOLS & EQUIPMENT USED
Frequent use of personal computers, word processing and legal research software, email, telephone, and standard office equipment.

PHYSICAL DEMANDS
The physical demands described here are representative of those that must be met by an employee to successfully perform the essential functions of this job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions.

While performing the duties of this job, the employee is frequently required to sit, talk, and hear, and occasionally required to walk, use hands, and reach with arms. The role may involve occasionally lifting or moving objects up to 10 pounds. Close vision and the ability to adjust focus are required. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions.

WORK ENVIRONMENT
Work is typically performed in a standard office setting or in public meeting environments and community venues. The noise level is generally quiet in the office and may vary from quiet to moderate in public settings.

Approved by the Morro Bay City Council on April 22, 2025.

RESOLUTION NO. 21-25

RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF MORRO BAY, CALIFORNIA,
SUPERSEDING AND REPLACING RESOLUTION NO. 19-25 AND APPROVING THE UPDATED FISCAL YEAR 2024-2025, FISCAL YEAR 2025-26, AND FISCAL YEAR 2026-27

CITY-WIDE PAY SCHEDULES

T H E C I T Y C O U N C I L
City of Morro Bay, California
WHEREAS, Section 36506 of the California Government Code requires that the City Council fix compensation of all appointive officers and employees by resolution or ordinance; and WHEREAS, Morro Bay Municipal Code Title 2, Chapter 2.20, Section 2.20.020 requires that the salaries and compensation of officers and employees of the City shall be as fixed and determined by resolution of the City Council, after due consideration of employees’ bargaining rights, as established by the Meyers-Milias-Brown Act, except those fixed in this chapter; and WHEREAS, the California Public Employees’ Retirement System (CalPERS), has requested all CalPERS employers list their employee compensation on one pay schedule document, approved and adopted by the governing body, in accordance with California Code of Regulations (CCR), section 570.5, and meeting all of the following requirements thereof:

1. Has been duly approved and adopted by the employer’s governing body in accordance with requirements of applicable public meetings laws;

2. Identifies the position title for every employee position;

3. Shows the pay rate for each identified position, which may be stated as a single amount or as multiple amounts within a range;

4. Indicates the time base, including, but not limited to, whether the time base is hourly, daily, bi-weekly, monthly, bi-monthly, or annually;

5. Is posted at the office of the employer or immediately accessible and available for public review from the employer during normal business hours or posted on the employer’s internet website;

6. Indicates an effective date and date of any revisions;

7. Is retained by the employer and available for public inspection for not less than five years; and

8. Does not reference another document in lieu of disclosing the pay rate; and WHEREAS, the formal approval of the updated and revised pay schedules requires that they are duly approved and adopted by the City Council by resolution, and the 2 CCR 570.5 regulation requires the adoption of a revised and updated Pay Schedule for Fiscal Year 2024-25, Fiscal Year 2025-26, and Fiscal Year 2026-27, attached as Exhibits A-C and incorporated herein by reference.

NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Morro Bay does hereby:

1. Resolution No. 19-25 shall be superseded and replaced by this resolution effective April 22, 2025, and Page 43 of 74

2. The Combined Pay Schedules, attached hereto as Exhibit A-C shall be effective April 22, 2025.

PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof held on the 22nd day of April 2025 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

RECUSED:
______________________________
CARLA WIXOM, Mayor
ATTEST:
_____________________________
DANA SWANSON, City Clerk

CITY OF MORRO BAY

COMBINED PAY SCHEDULE
FISCAL YEAR 2024-25: Effective 4/22/2025
TITLE GROUP STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 STEP 6 STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 STEP 6 SEIU LOCAL 620 GROUP STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 ACCOUNT CLERK IN-TRAINING MISC 18.96 19.92 20.92 21.96 23.06 39,437 41,434 43,514 45,677 47,965 ACCOUNT CLERK I MISC 22.93 24.08 25.28 26.54 27.87 47,694 50,086 52,582 55,203 57,970 CONSOLIDATED MAINTENANCE WRK I MISC 22.93 24.08 25.28 26.54 27.87 47,694 50,086 52,582 55,203 57,970 OFFICE ASST. III MISC 22.93 24.08 25.28 26.54 27.87 47,694 50,086 52,582 55,203 57,970 OFFICE ASST. IV MISC 24.79 26.03 27.33 28.70 30.14 51,563 54,142 56,846 59,696 62,691 ACCOUNT CLERK II MISC 25.76 27.05 28.39 29.82 31.31 53,581 56,264 59,051 62,026 65,125 CONSOLIDATED MAINTENANCE WRK II MISC 25.76 27.05 28.39 29.82 31.31 53,581 56,264 59,051 62,026 65,125 RECREATION SPECIALIST MISC 25.76 27.05 28.39 29.82 31.31 53,581 56,264 59,051 62,026 65,125 ACCOUNT CLERK III MISC 27.58 28.97 30.42 31.93 33.53 57,366 60,258 63,274 66,414 69,742 CONSOLIDATED MAINTENANCE WRK III MISC 27.58 28.97 30.42 31.93 33.53 57,366 60,258 63,274 66,414 69,742 PERMIT TECHNICIAN MISC 28.08 29.47 30.95 32.50 34.13 58,406 61,298 64,376 67,600 70,990 ADMINISTRATIVE TECHNICIAN MISC 28.08 29.47 30.95 32.50 34.13 58,406 61,298 64,376 67,600 70,990 BUILDING PERMIT TECHNICIAN I MISC 28.08 29.47 30.95 32.50 34.13 58,406 61,298 64,376 67,600 70,990 SUPPORT SERVICES TECHNICIAN MISC 28.08 29.47 30.95 32.50 34.13 58,406 61,298 64,376 67,600 70,990 PROPERTY EVIDENCE CLERK MISC 28.08 29.47 30.95 32.50 34.13 58,406 61,298 64,376 67,600 70,990 COMMUNITY SERVICES OFFICER MISC 28.08 29.47 30.95 32.50 34.13 58,406 61,298 64,376 67,600 70,990 MECHANIC MISC 28.97 30.42 31.94 33.54 35.22 60,258 63,274 66,435 69,763 73,258 RECREATION COORDINATOR MISC 28.97 30.42 31.94 33.54 35.22 60,258 63,274 66,435 69,763 73,258 ENGINEERING TECHNICIAN III MISC 32.81 34.45 36.18 37.99 39.89 68,245 71,656 75,254 79,019 82,971 MAINTENANCE LEADWORKER MISC 32.81 34.45 36.18 37.99 39.89 68,245 71,656 75,254 79,019 82,971 BUILDING PERMIT TECHNICIAN II MISC 32.81 34.45 36.18 37.99 39.89 68,245 71,656 75,254 79,019 82,971 UTILITY OPERATOR MISC 32.87 34.51 36.24 38.04 39.95 68,370 71,781 75,379 79,123 83,096 UTILITY SUPPORT COORDINATOR MISC 32.87 34.51 36.24 38.04 39.95 68,370 71,781 75,379 79,123 83,096 ASSISTANT PLANNER MISC 34.18 36.44 37.67 39.56 41.54 71,094 75,795 78,354 82,285 86,403 BUILDING INSPECTOR MISC 34.34 36.06 37.85 39.75 41.74 71,427 75,005 78,728 82,680 86,819 BUILDING INSPECTOR/CODE ENF OFFICER MISC 34.34 36.06 37.85 39.75 41.74 71,427 75,005 78,728 82,680 86,819 RECREATION SUPERVISOR MISC 34.45 36.18 37.99 39.89 41.88 71,656 75,254 79,019 82,971 87,110 HARBOR PATROL OFFICER MISC 34.53 36.27 38.07 39.98 41.98 71,822 75,442 79,186 83,158 87,318 UTILITY OPERATOR MC (MULTIPLE CERT) MISC 35.16 36.93 38.77 40.71 42.75 73,133 76,814 80,642 84,677 88,920

HOURLY RATES ANNUAL SALARY EQUIVALENT

CITY OF MORRO BAY

COMBINED PAY SCHEDULE
FISCAL YEAR 2024-25: Effective 4/22/2025
TITLE GROUP STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 STEP 6 STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 STEP 6

HOURLY RATES ANNUAL SALARY EQUIVALENT
IT SYSTEMS ANALYST MISC 38.43 40.35 42.37 44.49 46.71 79,934 83,928 88,130 92,539 97,157 ENGINEERING TECHNICIAN IV MISC 38.43 40.35 42.37 44.49 46.71 79,934 83,928 88,130 92,539 97,157 ASSISTANT ENGINEER MISC 38.43 40.35 42.37 44.49 46.71 79,934 83,928 88,130 92,539 97,157 ASSOCIATE PLANNER MISC 38.43 40.35 42.37 44.49 46.71 79,934 83,928 88,130 92,539 97,157 BUILDING INSPECTOR/PLANS EXAMINER MISC 38.43 40.35 42.37 44.49 46.71 79,934 83,928 88,130 92,539 97,157 CONSOLIDATED MAINT FIELD SUPV MISC 38.43 40.35 42.37 44.49 46.71 79,934 83,928 88,130 92,539 97,157 PUBLIC WORKS INSPECTOR MISC 38.43 40.35 42.37 44.49 46.71 79,934 83,928 88,130 92,539 97,157 HARBOR BUSINESS COORD MISC 38.94 40.89 42.93 45.08 47.33 80,995 85,051 89,294 93,766 98,446 LEAD UTILITY OPERATOR MISC 39.17 41.13 43.18 45.34 47.61 81,474 85,550 89,814 94,307 99,029 OPERATIONAL TECHNOLOGY SPECIALIST MISC 41.12 43.18 45.33 47.60 49.98 85,530 89,814 94,286 99,008 103,958 HARBOR PATROL SUPERVISOR MISC 42.66 44.79 47.03 49.38 51.86 88,733 93,163 97,822 102,710 107,869 ASSOCIATE ENGINEER MISC 44.19 46.40 48.72 51.16 53.72 91,915 96,512 101,338 106,413 111,738 UTILITY DIVISION SUPERVISOR MISC 44.19 46.40 48.72 51.16 53.72 91,915 96,512 101,338 106,413 111,738 MORRO BAY PEACE OFFICERS' ASSOC. GROUP STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 STEP 6 STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 STEP 6 POLICE OFFICER POA 39.53 41.50 43.58 45.76 48.05 50.45 82,222 86,320 90,646 95,181 99,944 104,936 POLICE DETECTIVE POA 41.50 43.58 45.76 48.05 50.45 52.97 86,320 90,646 95,181 99,944 104,936 110,178 POLICE SCHOOL RESOURCE OFFICER POA 41.50 43.58 45.76 48.05 50.45 52.97 86,320 90,646 95,181 99,944 104,936 110,178 POLICE SENIOR OFFICER POA 41.50 43.58 45.76 48.05 50.45 52.97 86,320 90,646 95,181 99,944 104,936 110,178 POLICE SERGEANT POA 50.67 53.21 55.87 58.67 61.59 64.68 105,394 110,677 116,210 122,034 128,107 134,534 MORRO BAY FIRE FIGHTERS ASSOC. GROUP STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 FIREFIGHTER FFA 25.83 27.13 28.48 29.91 31.41 75,217 79,003 82,934 87,098 91,466 FIREFIGHTER/PARAMEDIC FFA 28.41 29.84 31.33 32.90 34.54 82,730 86,894 91,233 95,805 100,580 FIRE ENGINEER FFA 28.24 29.66 31.14 32.69 34.33 82,235 86,370 90,680 95,193 99,969 FIRE ENGINEER/PARAMEDIC FFA 31.07 32.63 34.26 35.96 37.77 90,476 95,019 99,765 104,716 109,986 FIRE CAPTAIN FFA 32.48 34.08 35.79 37.58 39.46 94,582 99,241 104,220 109,433 114,908 FIRE CAPTAIN/PARAMEDIC FFA 35.72 37.50 39.38 41.34 43.42 104,017 109,200 114,675 120,382 126,439 FIRE MARSHAL FFA 38.55 40.47 42.49 44.61 46.85 112,258 117,849 123,731 129,904 136,427

CITY OF MORRO BAY

COMBINED PAY SCHEDULE
FISCAL YEAR 2024-25: Effective 4/22/2025
TITLE GROUP STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 STEP 6 STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 STEP 6

HOURLY RATES ANNUAL SALARY EQUIVALENT
UNREPRESENTED CONFIDENTIAL GROUP STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 HUMAN RESOURCES ANALYST I CONF 31.96 33.56 35.24 36.99 38.84 66,477 69,805 73,299 76,939 80,787 EXECUTIVE ASSISTANT/DEPUTY CLERK CONF 34.34 36.06 37.85 39.75 41.74 71,427 75,005 78,728 82,680 86,819 SENIOR ACCOUNTING TECHNICIAN CONF 35.69 37.47 39.35 41.32 43.39 74,235 77,938 81,848 85,946 90,251 FISCAL ANALYST CONF 38.43 40.35 42.37 44.49 46.71 79,934 83,928 88,130 92,539 97,157 HUMAN RESOURCES ANALYST II CONF 38.43 40.35 42.37 44.49 46.71 79,934 83,928 88,130 92,539 97,157 UNREPRESENTED MANAGEMENT GROUP STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 MANAGEMENT ANALYST MGMT 39.24 41.20 43.26 45.42 47.69 81,619 85,696 89,981 94,474 99,195 POLICE SUPPORT SERVICES MANAGER MGMT 45.89 48.18 50.59 53.12 55.78 95,451 100,214 105,227 110,490 116,022 HARBOR BUSINESS MANAGER MGMT 45.89 48.18 50.59 53.12 55.78 95,451 100,214 105,227 110,490 116,022 MAINTENANCE DIVISION MANAGER MGMT 45.89 48.18 50.59 53.12 55.78 95,451 100,214 105,227 110,490 116,022 ADMINISTRATIVE PROGRAMS MANAGER MGMT 45.89 48.18 50.59 53.12 55.78 95,451 100,214 105,227 110,490 116,022 ASST. TO THE CITY MANAGER/PR MANAGER MGMT 45.89 48.18 50.59 53.12 55.78 95,451 100,214 105,227 110,490 116,022 SENIOR PLANNER MGMT 45.89 48.18 50.59 53.12 55.78 95,451 100,214 105,227 110,490 116,022 CHIEF BUILDING INSP/PLANS EXAMINER MGMT 47.20 49.56 52.03 54.64 57.37 98,176 103,085 108,222 113,651 119,330 CITY CLERK MGMT 47.20 49.56 52.03 54.64 57.37 98,176 103,085 108,222 113,651 119,330 INFORMATION TECHNOLOGY MANAGER MGMT 47.20 49.56 52.03 54.64 57.37 98,176 103,085 108,222 113,651 119,330 RECREATION SERVICES MANAGER MGMT 47.20 49.56 52.03 54.64 57.37 98,176 103,085 108,222 113,651 119,330 PLANNING MANAGER MGMT 51.92 54.52 57.24 60.10 63.10 107,994 113,402 119,059 125,008 131,248 HUMAN RESOURCES/RISK MANAGER MGMT 51.92 54.52 57.24 60.10 63.10 107,994 113,402 119,059 125,008 131,248 ACCOUNTING MANAGER MGMT 51.92 54.52 57.24 60.10 63.10 107,994 113,402 119,059 125,008 131,248 SENIOR CIVIL ENGINEER MGMT 51.92 54.52 57.24 60.10 63.10 107,994 113,402 119,059 125,008 131,248 CITY ENGINEER MGMT 59.49 62.46 65.58 68.87 72.31 123,739 129,917 136,406 143,250 150,405 UTILITY DIVISION MANAGER MGMT 59.49 62.46 65.58 68.87 72.31 123,739 129,917 136,406 143,250 150,405 DEPUTY CHIEF / FIRE MARSHAL MGMT 63.07 66.23 69.53 73.01 76.66 131,186 137,758 144,622 151,861 159,453 POLICE COMMANDER MGMT 68.70 72.13 75.74 79.52 83.51 142,896 150,030 157,539 165,402 173,701

CITY OF MORRO BAY

COMBINED PAY SCHEDULE
FISCAL YEAR 2024-25: Effective 4/22/2025
TITLE GROUP STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 STEP 6 STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 STEP 6

HOURLY RATES ANNUAL SALARY EQUIVALENT
DEPARTMENT HEADS/EXECUTIVE GROUP STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 COMMUNITY DEVELOPMENT DIRECTOR EXEC 75.63 79.41 83.39 87.56 91.94 157,310 165,173 173,451 182,125 191,235 PUBLIC WORKS DIRECTOR EXEC 75.63 79.41 83.39 87.56 91.94 157,310 165,173 173,451 182,125 191,235 FINANCE DIRECTOR EXEC 75.63 79.41 83.39 87.56 91.94 157,310 165,173 173,451 182,125 191,235 HARBOR VITALITY DIRECTOR EXEC 75.63 79.41 83.39 87.56 91.94 157,310 165,173 173,451 182,125 191,235 FIRE CHIEF (Sworn) EXEC 77.05 80.90 84.95 89.19 93.65 160,264 168,272 176,696 185,515 194,792 POLICE CHIEF (Sworn) EXEC 77.05 80.90 84.95 89.19 93.65 160,264 168,272 176,696 185,515 194,792 CITY ATTORNEY CA 97.09 99.52 102.00 104.55 107.17 201,947 207,002 212,160 217,464 222,914 CITY MANAGER CM 97.09 99.52 102.00 104.55 107.17 201,947 207,002 212,160 217,464 222,914

CITY OF MORRO BAY

COMBINED PAY SCHEDULE
FISCAL YEAR 2025-26: Effective 07/01/2025
TITLE GROUP STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 STEP 6 STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 STEP 6 SEIU LOCAL 620 GROUP STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 ACCOUNT CLERK IN-TRAINING MISC 19.91 20.92 21.97 23.06 24.21 41,413 43,514 45,698 47,965 50,357 ACCOUNT CLERK I MISC 24.08 25.28 26.54 27.87 29.26 50,086 52,582 55,203 57,970 60,861 CONSOLIDATED MAINTENANCE WRK I MISC 24.08 25.28 26.54 27.87 29.26 50,086 52,582 55,203 57,970 60,861 OFFICE ASST. III MISC 24.08 25.28 26.54 27.87 29.26 50,086 52,582 55,203 57,970 60,861 OFFICE ASST. IV MISC 26.03 27.33 28.70 30.14 31.65 54,142 56,846 59,696 62,691 65,832 ACCOUNT CLERK II MISC 27.05 28.40 29.81 31.31 32.88 56,264 59,072 62,005 65,125 68,390 CONSOLIDATED MAINTENANCE WRK II MISC 27.05 28.40 29.81 31.31 32.88 56,264 59,072 62,005 65,125 68,390 RECREATION SPECIALIST MISC 27.05 28.40 29.81 31.31 32.88 56,264 59,072 62,005 65,125 68,390 ACCOUNT CLERK III MISC 28.96 30.42 31.94 33.53 35.21 60,237 63,274 66,435 69,742 73,237 CONSOLIDATED MAINTENANCE WRK III MISC 28.96 30.42 31.94 33.53 35.21 60,237 63,274 66,435 69,742 73,237 PERMIT TECHNICIAN MISC 29.48 30.94 32.50 34.13 35.84 61,318 64,355 67,600 70,990 74,547 ADMINISTRATIVE TECHNICIAN MISC 29.48 30.94 32.50 34.13 35.84 61,318 64,355 67,600 70,990 74,547 BUILDING PERMIT TECHNICIAN I MISC 29.48 30.94 32.50 34.13 35.84 61,318 64,355 67,600 70,990 74,547 SUPPORT SERVICES TECHNICIAN MISC 29.48 30.94 32.50 34.13 35.84 61,318 64,355 67,600 70,990 74,547 PROPERTY EVIDENCE CLERK MISC 29.48 30.94 32.50 34.13 35.84 61,318 64,355 67,600 70,990 74,547 COMMUNITY SERVICES OFFICER MISC 29.48 30.94 32.50 34.13 35.84 61,318 64,355 67,600 70,990 74,547 MECHANIC MISC 30.42 31.94 33.54 35.22 36.98 63,274 66,435 69,763 73,258 76,918 RECREATION COORDINATOR MISC 30.42 31.94 33.54 35.22 36.98 63,274 66,435 69,763 73,258 76,918 ENGINEERING TECHNICIAN III MISC 34.45 36.17 37.99 39.89 41.88 71,656 75,234 79,019 82,971 87,110 MAINTENANCE LEADWORKER MISC 34.45 36.17 37.99 39.89 41.88 71,656 75,234 79,019 82,971 87,110 BUILDING PERMIT TECHNICIAN II MISC 34.45 36.17 37.99 39.89 41.88 71,656 75,234 79,019 82,971 87,110 UTILITY OPERATOR MISC 34.51 36.24 38.05 39.94 41.95 71,781 75,379 79,144 83,075 87,256 UTILITY SUPPORT COORDINATOR MISC 34.51 36.24 38.05 39.94 41.95 71,781 75,379 79,144 83,075 87,256 ASSISTANT PLANNER MISC 35.89 38.26 39.55 41.54 43.62 74,651 79,581 82,264 86,403 90,730 BUILDING INSPECTOR MISC 36.06 37.86 39.74 41.74 43.83 75,005 78,749 82,659 86,819 91,166 BUILDING INSPECTOR/CODE ENF OFFICER MISC 36.06 37.86 39.74 41.74 43.83 75,005 78,749 82,659 86,819 91,166 RECREATION SUPERVISOR MISC 36.17 37.99 39.89 41.88 43.97 75,234 79,019 82,971 87,110 91,458 HARBOR PATROL OFFICER MISC 36.26 38.08 39.97 41.98 44.08 75,421 79,206 83,138 87,318 91,686 UTILITY OPERATOR MC (MULTIPLE CERT) MISC 36.92 38.78 40.71 42.75 44.89 76,794 80,662 84,677 88,920 93,371 IT SYSTEMS ANALYST MISC 40.35 42.37 44.49 46.71 49.05 83,928 88,130 92,539 97,157 102,024

HOURLY RATES ANNUAL SALARY EQUIVALENT

CITY OF MORRO BAY

COMBINED PAY SCHEDULE
FISCAL YEAR 2025-26: Effective 07/01/2025
TITLE GROUP STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 STEP 6 STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 STEP 6

HOURLY RATES ANNUAL SALARY EQUIVALENT
ENGINEERING TECHNICIAN IV MISC 40.35 42.37 44.49 46.71 49.05 83,928 88,130 92,539 97,157 102,024 ASSISTANT ENGINEER MISC 40.35 42.37 44.49 46.71 49.05 83,928 88,130 92,539 97,157 102,024 ASSOCIATE PLANNER MISC 40.35 42.37 44.49 46.71 49.05 83,928 88,130 92,539 97,157 102,024 BUILDING INSPECTOR/PLANS EXAMINER MISC 40.35 42.37 44.49 46.71 49.05 83,928 88,130 92,539 97,157 102,024 CONSOLIDATED MAINT FIELD SUPV MISC 40.35 42.37 44.49 46.71 49.05 83,928 88,130 92,539 97,157 102,024 PUBLIC WORKS INSPECTOR MISC 40.35 42.37 44.49 46.71 49.05 83,928 88,130 92,539 97,157 102,024 LEAD UTILITY OPERATOR MISC 41.13 43.19 45.34 47.61 49.99 85,550 89,835 94,307 99,029 103,979 OPERATIONAL TECHNOLOGY SPECIALIST MISC 43.18 45.34 47.60 49.98 52.48 89,814 94,307 99,008 103,958 109,158 HARBOR PATROL SUPERVISOR MISC 44.79 47.03 49.38 51.85 54.45 93,163 97,822 102,710 107,848 113,256 ASSOCIATE ENGINEER MISC 46.40 48.72 51.16 53.72 56.41 96,512 101,338 106,413 111,738 117,333 UTILITY DIVISION SUPERVISOR MISC 46.40 48.72 51.16 53.72 56.41 96,512 101,338 106,413 111,738 117,333 MORRO BAY PEACE OFFICERS' ASSOC. (Sworn) GROUP STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 STEP 6 STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 STEP 6 POLICE OFFICER POA 42.30 44.41 46.63 48.96 51.41 53.98 87,984 92,373 96,990 101,837 106,933 112,278 POLICE DETECTIVE POA 44.41 46.63 48.96 51.41 53.98 56.68 92,373 96,990 101,837 106,933 112,278 117,894 POLICE SCHOOL RESOURCE OFFICER POA 44.41 46.63 48.96 51.41 53.98 56.68 92,373 96,990 101,837 106,933 112,278 117,894 POLICE SENIOR OFFICER POA 44.41 46.63 48.96 51.41 53.98 56.68 92,373 96,990 101,837 106,933 112,278 117,894 POLICE SERGEANT POA 54.22 56.93 59.78 62.78 65.90 69.21 112,778 118,414 124,342 130,582 137,072 143,957 MORRO BAY FIRE FIGHTERS ASSOC. (Sworn) GROUP STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 FIREFIGHTER FFA 27.38 28.76 30.19 31.70 33.29 79,731 83,749 87,913 92,310 96,940 FIREFIGHTER/PARAMEDIC FFA 30.11 31.63 33.21 34.87 36.61 87,680 92,107 96,708 101,541 106,608 FIRE ENGINEER FFA 29.93 31.44 33.01 34.65 36.39 87,156 91,553 96,125 100,901 105,968 FIRE ENGINEER/PARAMEDIC FFA 32.93 34.59 36.32 38.12 40.04 95,892 100,726 105,764 111,005 116,596 FIRE CAPTAIN FFA 34.43 36.12 37.94 39.83 41.83 100,260 105,181 110,481 115,985 121,809 FIRE CAPTAIN/PARAMEDIC FFA 37.86 39.75 41.74 43.82 46.03 110,248 115,752 121,547 127,604 134,039 FIRE MARSHAL FFA 40.86 42.90 45.04 47.29 49.66 118,984 124,925 131,156 137,708 144,610 UNREPRESENTED CONFIDENTIAL GROUP STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 HUMAN RESOURCES ANALYST I CONF 33.56 35.24 37.00 38.84 40.78 69,805 73,299 76,960 80,787 84,822 EXECUTIVE ASSISTANT/DEPUTY CLERK CONF 36.06 37.86 39.74 41.74 43.83 75,005 78,749 82,659 86,819 91,166

CITY OF MORRO BAY

COMBINED PAY SCHEDULE
FISCAL YEAR 2025-26: Effective 07/01/2025
TITLE GROUP STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 STEP 6 STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 STEP 6

HOURLY RATES ANNUAL SALARY EQUIVALENT
SENIOR ACCOUNTING TECHNICIAN CONF 37.47 39.34 41.32 43.39 45.56 77,938 81,827 85,946 90,251 94,765 FISCAL ANALYST CONF 40.35 42.37 44.49 46.71 49.05 83,928 88,130 92,539 97,157 102,024 HUMAN RESOURCES ANALYST II CONF 40.35 42.37 44.49 46.71 49.05 83,928 88,130 92,539 97,157 102,024 UNREPRESENTED MANAGEMENT GROUP STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 MANAGEMENT ANALYST MGMT 41.20 43.26 45.42 47.69 50.07 85,696 89,981 94,474 99,195 104,146 POLICE SUPPORT SERVICES MANAGER MGMT 48.18 50.59 53.12 55.78 58.57 100,214 105,227 110,490 116,022 121,826 HARBOR BUSINESS MANAGER MGMT 48.18 50.59 53.12 55.78 58.57 100,214 105,227 110,490 116,022 121,826 MAINTENANCE DIVISION MANAGER MGMT 48.18 50.59 53.12 55.78 58.57 100,214 105,227 110,490 116,022 121,826 ADMINISTRATIVE PROGRAMS MANAGER MGMT 48.18 50.59 53.12 55.78 58.57 100,214 105,227 110,490 116,022 121,826 ASST. TO THE CITY MANAGER/PR MANAGER MGMT 48.18 50.59 53.12 55.78 58.57 100,214 105,227 110,490 116,022 121,826 SENIOR PLANNER MGMT 48.18 50.59 53.12 55.78 58.57 100,214 105,227 110,490 116,022 121,826 CHIEF BUILDING INSP/PLANS EXAMINER MGMT 50.50 53.03 55.67 58.46 61.39 105,040 110,302 115,794 121,597 127,691 CITY CLERK MGMT 50.50 53.03 55.67 58.46 61.39 105,040 110,302 115,794 121,597 127,691 INFORMATION TECHNOLOGY MANAGER MGMT 50.50 53.03 55.67 58.46 61.39 105,040 110,302 115,794 121,597 127,691 RECREATION SERVICES MANAGER MGMT 50.50 53.03 55.67 58.46 61.39 105,040 110,302 115,794 121,597 127,691 PLANNING MANAGER MGMT 55.55 58.34 61.25 64.31 67.52 115,544 121,347 127,400 133,765 140,442 HUMAN RESOURCES/RISK MANAGER MGMT 55.55 58.34 61.25 64.31 67.52 115,544 121,347 127,400 133,765 140,442 ACCOUNTING MANAGER MGMT 55.55 58.34 61.25 64.31 67.52 115,544 121,347 127,400 133,765 140,442 SENIOR CIVIL ENGINEER MGMT 55.55 58.34 61.25 64.31 67.52 115,544 121,347 127,400 133,765 140,442 CITY ENGINEER MGMT 62.46 65.58 68.86 72.31 75.93 129,917 136,406 143,229 150,405 157,934 UTILITY DIVISION MANAGER MGMT 62.46 65.58 68.86 72.31 75.93 129,917 136,406 143,229 150,405 157,934 DEPUTY CHIEF / FIRE MARSHAL MGMT 66.85 70.20 73.70 77.39 81.26 139,048 146,016 153,296 160,971 169,021 POLICE COMMANDER MGMT 73.51 77.18 81.04 85.09 89.36 152,901 160,534 168,563 176,987 185,869 DEPARTMENT HEADS/EXECUTIVE GROUP STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 COMMUNITY DEVELOPMENT DIRECTOR EXEC 79.41 83.38 87.56 91.94 96.54 165,173 173,430 182,125 191,235 200,803 PUBLIC WORKS DIRECTOR EXEC 79.41 83.38 87.56 91.94 96.54 165,173 173,430 182,125 191,235 200,803 FINANCE DIRECTOR EXEC 79.41 83.38 87.56 91.94 96.54 165,173 173,430 182,125 191,235 200,803 HARBOR VITALITY DIRECTOR EXEC 79.41 83.38 87.56 91.94 96.54 165,173 173,430 182,125 191,235 200,803 FIRE CHIEF (Sworn) EXEC 80.90 84.95 89.20 93.65 98.33 168,272 176,696 185,536 194,792 204,526

CITY OF MORRO BAY

COMBINED PAY SCHEDULE
FISCAL YEAR 2025-26: Effective 07/01/2025
TITLE GROUP STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 STEP 6 STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 STEP 6

HOURLY RATES ANNUAL SALARY EQUIVALENT
POLICE CHIEF (Sworn) EXEC 80.90 84.95 89.20 93.65 98.33 168,272 176,696 185,536 194,792 204,526 CITY ATTORNEY CA 101.94 104.50 107.10 109.78 112.53 212,035 217,360 222,768 228,342 234,062 CITY MANAGER CM 101.94 104.50 107.10 109.78 112.53 212,035 217,360 222,768 228,342 234,062

CITY OF MORRO BAY

COMBINED PAY SCHEDULE
FISCAL YEAR 2026-27: Effective 07/01/2026
TITLE GROUP STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 STEP 6 STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 STEP 6 SEIU LOCAL 620 GROUP STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 ACCOUNT CLERK IN-TRAINING MISC 20.91 21.97 23.07 24.21 25.42 43,493 45,698 47,986 50,357 52,874 ACCOUNT CLERK I MISC 25.28 26.54 27.87 29.26 30.72 52,582 55,203 57,970 60,861 63,898 CONSOLIDATED MAINTENANCE WRK I MISC 25.28 26.54 27.87 29.26 30.72 52,582 55,203 57,970 60,861 63,898 OFFICE ASST. III MISC 25.28 26.54 27.87 29.26 30.72 52,582 55,203 57,970 60,861 63,898 OFFICE ASST. IV MISC 27.33 28.70 30.14 31.65 33.23 56,846 59,696 62,691 65,832 69,118 ACCOUNT CLERK II MISC 28.40 29.82 31.30 32.88 34.52 59,072 62,026 65,104 68,390 71,802 CONSOLIDATED MAINTENANCE WRK II MISC 28.40 29.82 31.30 32.88 34.52 59,072 62,026 65,104 68,390 71,802 RECREATION SPECIALIST MISC 28.40 29.82 31.30 32.88 34.52 59,072 62,026 65,104 68,390 71,802 ACCOUNT CLERK III MISC 30.41 31.94 33.54 35.21 36.97 63,253 66,435 69,763 73,237 76,898 CONSOLIDATED MAINTENANCE WRK III MISC 30.41 31.94 33.54 35.21 36.97 63,253 66,435 69,763 73,237 76,898 PERMIT TECHNICIAN MISC 30.95 32.49 34.13 35.84 37.63 64,376 67,579 70,990 74,547 78,270 ADMINISTRATIVE TECHNICIAN MISC 30.95 32.49 34.13 35.84 37.63 64,376 67,579 70,990 74,547 78,270 BUILDING PERMIT TECHNICIAN I MISC 30.95 32.49 34.13 35.84 37.63 64,376 67,579 70,990 74,547 78,270 SUPPORT SERVICES TECHNICIAN MISC 30.95 32.49 34.13 35.84 37.63 64,376 67,579 70,990 74,547 78,270 PROPERTY EVIDENCE CLERK MISC 30.95 32.49 34.13 35.84 37.63 64,376 67,579 70,990 74,547 78,270 COMMUNITY SERVICES OFFICER MISC 30.95 32.49 34.13 35.84 37.63 64,376 67,579 70,990 74,547 78,270 MECHANIC MISC 31.94 33.54 35.22 36.98 38.83 66,435 69,763 73,258 76,918 80,766 RECREATION COORDINATOR MISC 31.94 33.54 35.22 36.98 38.83 66,435 69,763 73,258 76,918 80,766 ENGINEERING TECHNICIAN III MISC 36.17 37.98 39.89 41.88 43.97 75,234 78,998 82,971 87,110 91,458 MAINTENANCE LEADWORKER MISC 36.17 37.98 39.89 41.88 43.97 75,234 78,998 82,971 87,110 91,458 BUILDING PERMIT TECHNICIAN II MISC 36.17 37.98 39.89 41.88 43.97 75,234 78,998 82,971 87,110 91,458 UTILITY OPERATOR MISC 36.24 38.05 39.95 41.94 44.05 75,379 79,144 83,096 87,235 91,624 UTILITY SUPPORT COORDINATOR MISC 36.24 38.05 39.95 41.94 44.05 75,379 79,144 83,096 87,235 91,624 ASSISTANT PLANNER MISC 37.68 40.17 41.53 43.62 45.80 78,374 83,554 86,382 90,730 95,264 BUILDING INSPECTOR MISC 37.86 39.75 41.73 43.83 46.02 78,749 82,680 86,798 91,166 95,722 BUILDING INSPECTOR/CODE ENF OFFICER MISC 37.86 39.75 41.73 43.83 46.02 78,749 82,680 86,798 91,166 95,722 RECREATION SUPERVISOR MISC 37.98 39.89 41.88 43.97 46.17 78,998 82,971 87,110 91,458 96,034 HARBOR PATROL OFFICER MISC 38.07 39.98 41.97 44.08 46.28 79,186 83,158 87,298 91,686 96,262 UTILITY OPERATOR MC (MULTIPLE CERT) MISC 38.77 40.72 42.75 44.89 47.13 80,642 84,698 88,920 93,371 98,030 IT SYSTEMS ANALYST MISC 42.37 44.49 46.71 49.05 51.50 88,130 92,539 97,157 102,024 107,120 ENGINEERING TECHNICIAN IV MISC 42.37 44.49 46.71 49.05 51.50 88,130 92,539 97,157 102,024 107,120 ASSISTANT ENGINEER MISC 42.37 44.49 46.71 49.05 51.50 88,130 92,539 97,157 102,024 107,120 ASSOCIATE PLANNER MISC 42.37 44.49 46.71 49.05 51.50 88,130 92,539 97,157 102,024 107,120

HOURLY RATES ANNUAL SALARY EQUIVALENT

CITY OF MORRO BAY

COMBINED PAY SCHEDULE
FISCAL YEAR 2026-27: Effective 07/01/2026
TITLE GROUP STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 STEP 6 STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 STEP 6

HOURLY RATES ANNUAL SALARY EQUIVALENT
BUILDING INSPECTOR/PLANS EXAMINER MISC 42.37 44.49 46.71 49.05 51.50 88,130 92,539 97,157 102,024 107,120 CONSOLIDATED MAINT FIELD SUPV MISC 42.37 44.49 46.71 49.05 51.50 88,130 92,539 97,157 102,024 107,120 PUBLIC WORKS INSPECTOR MISC 42.37 44.49 46.71 49.05 51.50 88,130 92,539 97,157 102,024 107,120 LEAD UTILITY OPERATOR MISC 43.19 45.35 47.61 49.99 52.49 89,835 94,328 99,029 103,979 109,179 OPERATIONAL TECHNOLOGY SPECIALIST MISC 45.34 47.61 49.98 52.48 55.10 94,307 99,029 103,958 109,158 114,608 HARBOR PATROL SUPERVISOR MISC 47.03 49.38 51.85 54.44 57.17 97,822 102,710 107,848 113,235 118,914 ASSOCIATE ENGINEER MISC 48.72 51.16 53.72 56.41 59.23 101,338 106,413 111,738 117,333 123,198 UTILITY DIVISION SUPERVISOR MISC 48.72 51.16 53.72 56.41 59.23 101,338 106,413 111,738 117,333 123,198 MORRO BAY PEACE OFFICERS' ASSOC. (Sworn) GROUP STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 STEP 6 STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 STEP 6 POLICE OFFICER POA 45.26 47.52 49.89 52.39 55.01 57.76 94,141 98,842 103,771 108,971 114,421 120,141 POLICE DETECTIVE POA 47.52 49.89 52.39 55.01 57.76 60.65 98,842 103,771 108,971 114,421 120,141 126,152 POLICE SCHOOL RESOURCE OFFICER POA 47.52 49.89 52.39 55.01 57.76 60.65 98,842 103,771 108,971 114,421 120,141 126,152 POLICE SENIOR OFFICER POA 47.52 49.89 52.39 55.01 57.76 60.65 98,842 103,771 108,971 114,421 120,141 126,152 POLICE SERGEANT POA 58.02 60.92 63.96 67.17 70.51 74.05 120,682 126,714 133,037 139,714 146,661 154,024 MORRO BAY FIRE FIGHTERS ASSOC. (Sworn) GROUP STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 FIREFIGHTER FFA 29.02 30.49 32.00 33.60 35.29 84,506 88,787 93,184 97,843 102,764 FIREFIGHTER/PARAMEDIC FFA 31.92 33.53 35.20 36.96 38.81 92,951 97,639 102,502 107,628 113,015 FIRE ENGINEER FFA 31.73 33.33 34.99 36.73 38.57 92,398 97,057 101,891 106,958 112,316 FIRE ENGINEER/PARAMEDIC FFA 34.91 36.67 38.50 40.41 42.44 101,658 106,783 112,112 117,674 123,585 FIRE CAPTAIN FFA 36.50 38.29 40.22 42.22 44.34 106,288 111,500 117,121 122,945 129,118 FIRE CAPTAIN/PARAMEDIC FFA 40.13 42.14 44.24 46.45 48.79 116,859 122,712 128,827 135,262 142,076 FIRE MARSHAL FFA 43.31 45.47 47.74 50.13 52.64 126,119 132,409 139,019 145,979 153,288 UNREPRESENTED CONFIDENTIAL GROUP STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 HUMAN RESOURCES ANALYST I CONF 35.24 37.00 38.85 40.78 42.82 73,299 76,960 80,808 84,822 89,066 EXECUTIVE ASSISTANT/DEPUTY CLERK CONF 37.86 39.75 41.73 43.83 46.02 78,749 82,680 86,798 91,166 95,722 SENIOR ACCOUNTING TECHNICIAN CONF 39.34 41.31 43.39 45.56 47.84 81,827 85,925 90,251 94,765 99,507 FISCAL ANALYST CONF 42.37 44.49 46.71 49.05 51.50 88,130 92,539 97,157 102,024 107,120 HUMAN RESOURCES ANALYST II CONF 42.37 44.49 46.71 49.05 51.50 88,130 92,539 97,157 102,024 107,120

CITY OF MORRO BAY

COMBINED PAY SCHEDULE
FISCAL YEAR 2026-27: Effective 07/01/2026
TITLE GROUP STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 STEP 6 STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 STEP 6

HOURLY RATES ANNUAL SALARY EQUIVALENT
UNREPRESENTED MANAGEMENT GROUP STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 MANAGEMENT ANALYST MGMT 43.26 45.42 47.69 50.07 52.57 89,981 94,474 99,195 104,146 109,346 POLICE SUPPORT SERVICES MANAGER MGMT 50.59 53.12 55.78 58.57 61.50 105,227 110,490 116,022 121,826 127,920 HARBOR BUSINESS MANAGER MGMT 50.59 53.12 55.78 58.57 61.50 105,227 110,490 116,022 121,826 127,920 MAINTENANCE DIVISION MANAGER MGMT 50.59 53.12 55.78 58.57 61.50 105,227 110,490 116,022 121,826 127,920 ADMINISTRATIVE PROGRAMS MANAGER MGMT 50.59 53.12 55.78 58.57 61.50 105,227 110,490 116,022 121,826 127,920 ASST. TO THE CITY MANAGER/PR MANAGER MGMT 50.59 53.12 55.78 58.57 61.50 105,227 110,490 116,022 121,826 127,920 SENIOR PLANNER MGMT 50.59 53.12 55.78 58.57 61.50 105,227 110,490 116,022 121,826 127,920 CHIEF BUILDING INSP/PLANS EXAMINER MGMT 54.04 56.74 59.57 62.55 65.69 112,403 118,019 123,906 130,104 136,635 CITY CLERK MGMT 54.04 56.74 59.57 62.55 65.69 112,403 118,019 123,906 130,104 136,635 INFORMATION TECHNOLOGY MANAGER MGMT 54.04 56.74 59.57 62.55 65.69 112,403 118,019 123,906 130,104 136,635 RECREATION SERVICES MANAGER MGMT 54.04 56.74 59.57 62.55 65.69 112,403 118,019 123,906 130,104 136,635 PLANNING MANAGER MGMT 59.44 62.42 65.54 68.81 72.25 123,635 129,834 136,323 143,125 150,280 HUMAN RESOURCES/RISK MANAGER MGMT 59.44 62.42 65.54 68.81 72.25 123,635 129,834 136,323 143,125 150,280 ACCOUNTING MANAGER MGMT 59.44 62.42 65.54 68.81 72.25 123,635 129,834 136,323 143,125 150,280 SENIOR CIVIL ENGINEER MGMT 59.44 62.42 65.54 68.81 72.25 123,635 129,834 136,323 143,125 150,280 CITY ENGINEER MGMT 65.58 68.86 72.30 75.93 79.73 136,406 143,229 150,384 157,934 165,838 UTILITY DIVISION MANAGER MGMT 65.58 68.86 72.30 75.93 79.73 136,406 143,229 150,384 157,934 165,838 DEPUTY CHIEF / FIRE MARSHAL MGMT 70.86 74.41 78.12 82.03 86.14 147,389 154,773 162,490 170,622 179,171 POLICE COMMANDER MGMT 78.66 82.58 86.71 91.05 95.62 163,613 171,766 180,357 189,384 198,890 DEPARTMENT HEADS/EXECUTIVE GROUP STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 COMMUNITY DEVELOPMENT DIRECTOR EXEC 83.38 87.55 91.94 96.54 101.37 173,430 182,104 191,235 200,803 210,850 PUBLIC WORKS DIRECTOR EXEC 83.38 87.55 91.94 96.54 101.37 173,430 182,104 191,235 200,803 210,850 FINANCE DIRECTOR EXEC 83.38 87.55 91.94 96.54 101.37 173,430 182,104 191,235 200,803 210,850 HARBOR VITALITY DIRECTOR EXEC 83.38 87.55 91.94 96.54 101.37 173,430 182,104 191,235 200,803 210,850 FIRE CHIEF (Sworn) EXEC 84.95 89.20 93.66 98.33 103.25 176,696 185,536 194,813 204,526 214,760 POLICE CHIEF (Sworn) EXEC 84.95 89.20 93.66 98.33 103.25 176,696 185,536 194,813 204,526 214,760 CITY ATTORNEY CA 107.04 109.73 112.46 115.27 118.16 222,643 228,238 233,917 239,762 245,773 CITY MANAGER CM 107.04 109.73 112.46 115.27 118.16 222,643 228,238 233,917 239,762 245,773

Prepared By: CC Dept Review: GK
City Manager Review: __YK ___ City Attorney Review: __RWS___ Staff Report
TO: Honorable Mayor and City Council DATE: April 17, 2025 FROM: Cindy Cecil, PE – City Engineer
Greg Kwolek – Public Works Director
SUBJECT: Receive Status Update and Funding Summary of Roundabout Project and Provide Direction on Environmental Phase of Project

RECOMMENDED ACTION
Receive status update and funding summary for the State Route 1, State Route 41, and Main Street Roundabout Project (Project); and

1. Confirm staff continuance of environmental phase of the Project; and

2. Direct staff to withdraw from the Project $1.2 million of prior Measure Q/E funding contributions.

ALTERNATIVES
The City Council may direct staff to discontinue work on the Project and/or retain the $1.2 million of Measure Q/E funds in the project fund.

FISCAL IMPACT
The fiscal impact of continuing the project to completion of the environmental phase is approximately $81,000 of already budgeted project funds. The Project funds used for this work are development impact fees, traffic impact fees, and project specific fees, which are restricted to this project and/or capacity enhancements for this intersection. Withdrawal of $1.2 million of previously allocated Measure Q/E funding back to the Measure Q/E Fund would make monies available for other uses.

DISCUSSION
At the City Council meeting on February 25, 2025, at the request of Council Member Landrum, the City Council directed staff to bring back a future agenda item reevaluating Project status and funding.

Staff has prepared the respective summaries below:

Current Project Status
The Project is currently in the environmental phase, which involves completion of environmental documentation and reports. GHD, the City’s project management consultant for this Project, is coordinating the preparation of this work. The Project is approximately 95% through the environmental phase. Draft documents are currently under review by Caltrans and their comments will be incorporated into the environmental report.

The final draft environmental documents are expected to be circulated for public comment in August 2025. Following public circulation and comment, GHD will coordinate preparation of revisions of the environmental documents based on review of public input. This will then be incorporated into the final environmental documents. Final environmental documents are currently scheduled to be ready for City Council approval in February 2026.

AGENDA NO: 9.b
MEETING DATE: April 22, 2025

Future Steps: Transfer of Project to Caltrans and CAPM
Upon the City’s finalization and completion of the environmental phase, the City will have the option to transfer the Project to Caltrans. Under this option, Caltrans would take over the design and construction phases of the Project. This uncommon opportunity is available to the City because of the alignment and coincidence of the following:
 City completion of the environmental phase of the Project in early 2026;  Availability of Caltrans SHOPP funding for the overlapping intersection of State Route 1 and State Route 41;
 Alignment of timing of the Project with the larger Caltrans Capital Maintenance program (CAPM), which will provide additional funding for the Project; and  City and Caltrans partnership with San Luis Obispo Council of Governments (SLOCOG) for $8 million of funding for the Project.

Caltrans’ CAPM in Morro Bay is expected to occur in 2028-29 and will run along State Route 1 from San Luisito Creek Road and Toro Creek Road. The CAPM will first assess the condition of all Caltrans highway assets along this stretch and will then make any necessary improvements. The City will also have an opportunity at a later date to propose improvements to be included as part of the CAPM, such as replacing the damaged fencing between Main Street and State Route 1 and/or modifications to the San Jacinto Street, Main Street and State Route 1 intersection. The Roundabout Project meets the criteria to be included in the CAPM project. The inclusion and alignment with the CAPM is a recent update that is favorable for project transfer considerations. The last CAPM along Morro Bay’s State Route 1 corridor occurred twenty-five years ago and likely will not occur again for another twenty-five years.

With the City’s finalization and completion of the Project’s environmental phase and the transfer of the Project to Caltrans, the City would continue to provide significant input on the design of the Project.

For example, pedestrian safety was heavily emphasized during prior City outreach given the proximity of the Project to Morro Bay High School. With a seat at the table during design, City staff would continue to advocate for a focused emphasis on pedestrian design features such as raised crosswalks, high visibility painted crosswalks, flashing beacons, and/or other implementable engineering solutions. Caltrans would work collaboratively with the City and SLOCOG during design and construction with public engagement so that stakeholder input is considered throughout the project up until completion.

Project Funding Summary
The planning/environmental phase of this Project has had several funding sources over the years.

Since July 1, 2021, the funding sources have been comprised of Measure Q/E funds, grant funds, and developer impact fees (DIFs). The table below contains these funding and expenditure details.

Funding Source Funding
Amount Spent Expired Remaining Notes
Measure
Q/E City $1,200,000 $59,400 - $1,140,600 Reimbursable
DIF Developers $864,500 $371,600 - $492,900
Restricted to
Intersection or
Project
RSTPRSHA State Grant $266,300 - - $266,300 Can reimburse Q/E $59,400
CMAQ State Grant $210,900 $25,100 $185,800 -
LTF State Grant $70,600 $70,600 - -
Totals $2,612,300 $526,700 $185,800 $1,899,800

Of these funds, only Measure Q/E funds are discretionary. For this reason, staff has avoided spending down funds from this source. Though $59,400 of Measure Q/E funds were spent, these monies are planned to be reimbursed through the RSTP-RSHA grant. The development impact fee funding, which includes development impact fees, traffic impact fees, and development project specific fees, are restricted to capacity improvements for this intersection, and in some cases, to this Project. These funds cannot be used for maintenance activities, such as paving or striping, unless they enhance the capacity of the intersection. The roundabout qualifies as a capacity enhancement.

The City estimates completion of the environmental phase of this Project to cost $81,000. This cost can be fully covered by impact fees. Because of this, the Measure Q/E funding previously allocated towards this project are no longer required. Staff recommends withdrawing all available funding from the Project.

ATTACHMENTS

1. SR1-41-Main_Roundabout preliminary plan (for concept review only, details are subject to change).

2. CalTrans CAPM Vicinity Map

© 2024 Microsoft Corporation © 2024 Maxar ©CNES (2024) Distribution Airbus DS © 2024 Microsoft Corporation © 2024 Maxar ©CNES (2024) Distribution Airbus DS 1/27/2025
Figure 1 0 100' 200' Roundabout Conforming to Drone Aerial N LEGEND:

Limit of Construction
Archaeological APE
Roundabout Linework to Conform to Drone Aerial (July 2024) Roundabout Boundary in Accordance with HDM Index 405.10 Date
Project No.

Filename: \\ghdnet\ghd\US\San Luis Obispo\Projects\561\12619326\Digital_Design\ACAD\Figures\0512619326EX003_APE.dwg Plot Date: 27 January 2025 11:55 AM
CITY OF MORRO BAY 12619326
SR 1/SR 41/MAIN STREET ROUNDABOUT
ATTACHMENT 1
30% PRELIMINARY DESIGN Page 59 of 74
ATTACHMENT 2

Prepared By: _DS/YK_ ___ Dept Review: ________
City Manager Review: YK City Attorney Review: RWS
Staff Report
TO: Honorable Mayor and City Council DATE: April 10, 2025 FROM: Yvonne Kimball, City Manager
SUBJECT: Review and Discussion of the City of Morro Bay’s Flagpole Policy as established by Resolution No. 103-22

RECOMMENDED ACTION
As directed by Council during Future Agenda Items at the April 8, 2025 Regular Meeting, the City’s Flagpole Policy established in November 2022 for discussion and direction.

ALTERNATIVES
No alternatives are recommended.

FISCAL IMPACT
No immediate fiscal impact.

BACKGROUND
At the April 8, 2025 Regular Meeting, Council Member Eckles requested and received majority support to bring forward for reconsideration of Resolution 103-22 City’s Flagpole Policy.

In November 2022, the City Council adopted Resolution No. 103-22 (Attachment 1) establishing a Flagpole Policy to provide guidelines about the display of flags at City facilities. It declares the City’s flagpoles are not intended to be a forum for free expression by the public, but rather are used to express official views of the City. The policy explicitly states that “It is the policy of the City of Morro Bay that the City's flag poles are not intended to serve as a forum for free expression by the public but rather for the display of the Flags of the United States and the State of California. The flag poles located at all City facilities may also be used to display the flags of the City of Morro Bay, Sister Cities, the existing POW Flag and any Commemorative Flags as may be authorized by the City Council as an expression of the City's official sentiments.”
The Policy further authorizes that commemorative and non-traditional flags can be displayed at City facilities “only upon City Council direction and upon adoption of a resolution by a majority vote, consistent with the City’s vision, mission, and ongoing and strategic priorities.” Pursuant to Resolution No. 103-22 Flagpole Policy, the Council adopted Resolution No. 104-22 Authorizing the raising of the Pride Flag at City Hall during the month of June.

A link to the November 2022 staff report with additional background information is available here (see Item C-4 beginning on page 385).

Resolution 103-22 Flagpole Policy shall remain in effect until modified by the City Council. Should AGENDA NO: 9.c
MEETING DATE: April 22, 2025

Council direct to revise or rescind the policy, staff will bring back a new resolution to memorialize the decision. Should Council decide to keep the policy remain in effect, no action will be needed.

ATTACHMENT(S)

1. Resolution No. 103-22 adopting a Flagpole Policy

Prepared By: ___YK_____ Dept Review: ______
City Manager Review: __YK___ City Attorney Review: ___RWS___ Staff Report
TO: Honorable Mayor and City Council DATE: April 11, 2025 FROM: Yvonne Kimball, City Manager
SUBJECT: Consideration of forming Council Sub-committee regarding El Morro Elementary School Property

RECOMMENDED ACTION

1. As requested during the Future Agenda Items portion of the April 8, 2025 Regular Meeting, consider the establishment of a Council sub-committee regarding the City’s goal of acquiring the El Morro Elementary School site or assisting in the development of the property. If a subcommittee is established, pursuant to Council Policies Section 3.13, a defined purpose, parameters, and anticipated duration of the sub-committee should be established; and

2. Consider discontinuing any existing subcommittees that have achieved their intended purposes for the time being.

ALTERNATIVES
As this item is brought forward at the direction of Council, no alternatives are recommended.

FISCAL IMPACT
There is no fiscal impact as a result of this action.

BACKGROUND/DISCUSSION
At the April 8, 2025 Regular Meeting, Council Member Landrum requested and received majority support to bring back a future agenda item to consider the creation of a sub-committee regarding the El Morro Elementary School Property. At the March 25, 2025 Goals Workshop, the Council adopted a Goal Statement to, “Work with the San Luis Coastal Unified School District to acquire the Morro Elementary school site or assist in the development for the purpose of preserving community access, historic preservation, and/or housing development consistent with the City’s General Plan” (see Attachment 1). The Council also identified three objectives supporting this goal: acquisition plan, community engagement, and grants.

Council Policies & Procedures Section 3.13 provides the City Council may appoint a sub-committee to address a particular issue, especially if the issue requires additional work or research. The Policy further states, establishing a subcommittee requires the body to define the purpose, parameters, and duration of the sub-committee. To closely follow the directive of this section, staff recommends the Council establish a defined purpose, parameters and anticipated duration when creating a subcommittee. Some considerations are:
 Purpose: The Morro Elementary School Council Sub-committee is established for the AGENDA NO: 9.d
MEETING DATE: April 22, 2025

purpose of advancing the corresponding Fiscal Year 2025-27 City Council goal.  Parameters: Under the City Council’s collective policy direction, the Subcommittee will collaborate with staff in identifying opportunities and exploring options for the school site which may include acquisition of the site, preservation of the schoolhouse building, and forming partnerships with other agencies. The sub-committee is expected to research pertinent topics, engage with the community and share information with the Council, staff and the community.
 Duration: The Subcommittee will function for the duration necessary to enable the Council to decide on a vision for the site’s future uses.

Furthermore, the City Goal of “Morro Elementary School” is unique as its scope is anticipated to continue evolving. Establishing a Council Sub-committee on this weighty yet dynamic goal provides an opportunity for staff to work closely with council members in refining action plans to advance the City goal. To implement each City goal, the City Manager has established a Goal Lead approach and assigned Airlin Singewald, the Community Development Director, as Lead for the Morro Elementary School goal. Staff is in the process of developing an Action Plan that will outline necessary resources, short-term actions and milestones. A Council sub-committee can serve as a sounding board and be woven into the Action Plan as staff progresses with this Council goal.

It is to be reminded that staff and committee members bring recommendations on matters related to policy, City positions, contract approvals, and large budgetary actions back to the full Council in open session for discussion and approval. Additionally, should Council establish a Morro Elementary subcommittee, a sub-committee report will be included in the City Council meeting agendas along with other sub-committees for the purpose of facilitating timely updates. Council should also consider discontinuing subcommittees that have achieved their intended purposes.

CONCLUSION
Establishing a Council sub-committee on Morro Elementary School aligns with City’s existing practices, policy priorities, and supports staff’s implementation plan. As the discussions evolve, the “purpose, parameter and duration” of the subcommittee may change. Adjustments may be necessary to comply with Section 3.13 - Council Sub-Committee, as outlined in the Council Polices & Procedures stated below.
“From time to time it may be desirable for the City Council to appoint a sub-committee of the whole to address a particular issue. That is especially the case if the issue requires additional work or research. Per the Brown Act, sub-committees must consist of less than a quorum of the body and serve for a limited purpose and time. Therefore, the City Council subcommittees may consist of two members. Sub-committees shall report back to the full Council for discussion before any formal action can be taken on the pertinent issue. Establishing a subcommittee requires the body to define the purpose, parameters, and duration of the subcommittee. The City Clerk will keep the list of sub-committees and defined description as a record with Council liaison assignments for review annually.”

ATTACHMENT(S)

1. FY 2025-27 Goal Workshop Results

2. Link to Council Policies & Procedures

3. Link to 2025 Council Discretionary Appointments and Subcommittees

City Council
Goal-Setting
Special Meeting
Results
Michael Codron, Facilitator
March 25, 2025

• The City Council conducted a straw poll to
identify the top goals for further
consideration, including:
• Economic Vitality and Fiscal Health
• Infrastructure Resiliency
• El Morro Elementary
• The following slides include the final goal
statements and objectives identified by the City
Council through the facilitation process.
2 City Council Straw Poll Results

Economic Vitality and Fiscal Health
•Goal Statement:

A vibrant and active business
community supported by
coordinated strategies for
economic vitality and fiscal
health that create the conditions
for individual business success
and the long-term fiscal health
of the City.
3 Downtown Revitalization
General Fund Reserve
Analysis
Revenue Ehancement
Planning and Building
Permit Services

Economic Vitality and Fiscal Health
• Using existing plans, identify and implement programs for beautification, wayfinding signage, and incentivizing private property improvements, including façade rehabilitation. • Perform a risk-based analysis of the City’s Reserve Policy to identify appropriate reserve levels for long-term financial planning. • Develop a comprehensive strategy for increasing revenues over time to support the provision of core services. • Perform outreach and engagement with customers of the City’s planning and building permit services to identify changes to improve satisfaction and increase economic
activity in the City associated with building permits.
4 Downtown Revitalization
General Fund Reserve
Analysis
Revenue Ehancement
Planning and Building
Permit Services

Infrastructure Resiliency
•Goal Statement:

An infrastructure program that
includes regular maintenance to
prolong the life of existing
infrastructure (streets, buildings,
structures, equipment) while
implementing a Capital
Improvement Plan that
prioritizes new projects in
alignment with available resources (funding and staff). 5 5-Year CIP
Infrastructure
Maintenance
Harbor
Infrastructure

Infrastructure Resiliency
• Create a 5-Year Capital Improvement Plan (CIP) that prioritizes infrastructure projects in consideration of available resources (funding and staff). • Increase the City’s efficiency and awareness of
infrastructure maintenance requirements by
improving the City’s asset management and work order system, including the functionality of the public-facing Service Request form.
• Utilize the recently completed study of the harbor revetments to prioritize projects and identify maintenance responsibilities. Develop a funding strategy informed by research on grant opportunities. 6 5-Year CIP
Infrastructure
Maintenance
Harbor
Infrastructure

El Morro Elementary School
•Goal Statement:

Work with the San Luis Coastal
Unified School District to
acquire the Morro Elementary
School site or assist in
development for the purpose of
preserving community access,
historic preservation, and/or
housing development consistent
with the City’s General Plan.
7 Acquisition Plan
Community
Engagement
Grants

El Morro Elementary School
• Identify partners, such as market-rate and
affordable housing developers, to work on a
plan to fund the acquisition of the El Morro
Elementary School site.
• Continue to engage with the community
regarding uses of the school site that take into
consideration the current land use designation
for the property and cost of acquisition.
• Identify potential grant opportunities for historic
preservation, public access, and other
beneficial uses of the property that could be
supported by one or more grants.
8 Acquisition Plan
Community
Engagement
Grants