CITY OF MORRO BAY
City Council Regular Meeting Agenda
Tuesday, July 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
4. Morro Elementary School
5. RECOGNITION AND PRESENTATIONS
5.a Donation Presentation by Friends of the Morro Bay Fire Department
5.b National Night Out Proclamation
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.c as submitted.
7.a Approval of Minutes
(City Clerk)
Recommended Action
Approve as submitted.
1. June 10, 2025 - Regular Council Meeting 5
2. June 24, 2025 - Special Closed Session Meeting 12
3. June 24, 2025 - Regular Meeting Minutes 14
4. June 25 and 27, 2025 - Special Closed Session Meeting 25
5. June 27, 2025 - Special Closed Session Meeting 27
6. July 1, 2025 - Special Closed Session Meeting 29
7. July 10, 2025 - Special Meeting Minutes 31
7.b Proclamations
(City Clerk)
Recommended Action
Approve as submitted.
1. Proclamation declaring August 5, 2025, as "National Night Out" in Morro Bay
34 7.c Approval of a 2-Year Lease Extension with Let's Get Tuned, LLC for property located at 781 Market Avenue
35 (Community Development Department)
Recommended Action
Approve and authorize the Interim City Manager to execute a 2-year lease extension for the City-owned property located at 781 Market Avenue (APN: 066-321-027).
8. PUBLIC HEARING ITEMS
None
9. BUSINESS ITEMS
9.a Discussion and Consideration of Adoption of Proposed Changes to the Council Policies & Procedures
60
(Interim City Attorney)
Recommended Action
Review and discuss the proposed changes to the Council Policies & Procedures (“Policies”) as recommended by Mayor Wixom and staff, and consider adoption of Resolution No. 44-25 approving the revised Policies.
10. COUNCIL DECLARATION OF FUTURE AGENDA ITEMS
11. ADJOURNMENT
The next Regular Meeting will be held on August 12, 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
June 10, 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
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
Management Analyst Janeen Burlingame
_____________________________________________________________________
1. ESTABLISH QUORUM AND CALL TO ORDER
Mayor Wixom called the meeting to order at 5:34 p.m. with all members present.
2. MOMENT OF SILENCE
3. PLEDGE OF ALLEGIANCE
4. REPORTS
4.a Closed Session Report
https://youtu.be/qwtSObCOKtQ?si=xZypxUMN5bqD3sbX&t=87
City Manager Kimball announced no reportable action was taken in closed session that requires reporting pursuant to the Brown Act.
4.b Mayor and Councilmembers' Reports, Announcements and Presentations
https://youtu.be/qwtSObCOKtQ?si=YFfR4iy8k1gP84S5&t=120
4.c City Manager Reports, Announcements and Presentations
2 https://youtu.be/qwtSObCOKtQ?si=nOX_xEfCwfs0vUBr&t=984
4.d Subcommittee Reports - Verbal Update of Current Subcommittee Activities
https://youtu.be/qwtSObCOKtQ?si=GGeWbGSQlmSjYB4y&t=1627 a. Water Reclamation Facility & Morro Bay / Cayucos Sanitary District JPA
b. Morro Bay Power Plant (Vistra)
c. Offshore Wind Energy
d. Morro Elementary School
5. RECOGNITION AND PRESENTATIONS
6. PUBLIC COMMENT
https://youtu.be/qwtSObCOKtQ?si=vqiT5m2Np24Nwyb5&t=1775 Linda Winters, Morro Bay, commented on recently attended events and announced an upcoming benefit to support the Altadena Senior Center. Sheri Hafer, Nicole Dorfman, Mandy Davis and Andrea Lueker from REACT Alliance presented information regarding a Coastal Development Permit issued by the California Coastal Commission in July 2024, and requested the City consider a position opposing the potential installation of high voltage cables along Dog Beach.
Kiernan Cottle, Morro Bay, commented in support of the unhoused community.
Betty Winholtz, Morro Bay, announced a screening of "Water's Edge", a documentary celebrating the work of photographer Arthur Tress, on June 21st from 1:00 - 3:00 pm at the Bay Theatre, with a book signing at the San Luis Obispo Historical Society Friday evening.
Betsy Gaudette-Cross, Morro Bay, urged council to reconsider its decision to stop flying the Pride Flag during the month of June. Margaret Carman, Morro Bay, expressed concern about a proposed project that would require more cell towers and offered to provide information on the detrimental effects of EMFs.
Jamie Irons, Morro Bay, restated concerns submitted as agenda correspondence and asked if there would be clarification regarding the Police Department's role in emergency evacuation procedures.
End of public comment.
7. CONSENT AGENDA
3 https://youtu.be/qwtSObCOKtQ?si=Ty6WuW8TLJtDElml&t=3454 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.
Betty Winholtz, Morro Bay, commented on Item 7.d., requesting Waterfront Master Plan Advisory Committee meetings be held on evenings and weekends and commented on the style of workshops she found most beneficial.
End of public comment.
Council Member Eckles pulled Item 7d.
Motion by Council Member Landrum
Seconded by Council Member Edwards
Approve Consent Agenda Items 7.a through 7.e as submitted, less Item 7.d.
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. May 13, 2025 - Regular Council Meeting
b. May 27, 2025 - Special Closed Session Meeting
c. May 28, 2025 - Special Meeting
7.b Proclamation
Approve as submitted.
a. Proclamation declaring the second Saturday of June 2025 as "Juneteenth Day"
7.c Ordinance No. 671 amending Morro Bay Municipal Code Chapter
14.08.080 to adopt the California State Fire Marshal Fire Hazard Severity Zone Map for Morro Bay
Adopt Ordinance No.671, “An Ordinance of the City Council of the City of Morro Bay, California, Repealing and Replacing Chapter 14.08.080 of Title 14 (“Buildings and Construction”) of the Morro Bay Municipal Code relating to Fire Hazard Severity Zones” with adoption of the California State Fire Marshal Fire Hazard Severity Zone map for the City of Morro Bay as required by senate Bill 63 and Government Code 51178.5.
4 7.d Award of Consultant Contract to Placeworks, Inc. to prepare an update to the City's Waterfront Master Plan and an Addendum to the Environmental Impact Report (EIR) for Plan Morro Bay
https://youtu.be/qwtSObCOKtQ?si=eYFDgq_FzFr0st3u&t=3701 Community Development Director Singewald responded to Council questions and acknowledged the scope of work should be revised to include, "incorporating existing information (from other studies) regarding the feasibility of waterfront infrastructure for offshore wind development." This was specified in the Request for Proposals and inadvertently omitted from the proposed scope of work.
Motion by Council Member Eckles
Seconded by Council Member Landrum
Authorize the City Manager to execute an agreement with Placeworks, Inc. in the amount of $714,275 to prepare an update to the City’s Waterfront Master Plan and an Addendum to the Environmental Impact Report (EIR) for Plan Morro Bay with amended scope as discussed.
Ayes (5): Mayor Wixom, Council Member Edwards, Council Member Eckles, Council Member Landrum, and Council Member Luffee CARRIED (5 to 0)
7.e Approve Lease Amendment for Morro Bay Oyster Company Adopt Resolution No. 31-25 approving Amendment #1 to the lease agreement for Morro Bay Oyster Company located at 1287 Embarcadero.
8. PUBLIC HEARING ITEMS
8.a Public Hearing to Report on Delinquent Solid Waste Collection Accounts and Adopt Resolution No. 32-25 Authorizing San Luis Obispo County Auditor to assess Amounts Due to Delinquent Solid Waste Collection accounts as Tax Liens Against the Properties https://youtu.be/qwtSObCOKtQ?si=NISLEwbRRk_QL0sb&t=4413 Management Analyst Burlingame presented the report and responded to Council inquiries.
Mayor Wixom opened the public hearing and public comment for Item 8.a. https://youtu.be/qwtSObCOKtQ?si=RsZB130Kg5ze2UfG&t=4972 Amber Castro from Waste Connections responded to Council inquiries, clarifying accounts must have a minimum amount of $50 past due and be at least 120 days delinquent to be processed as a tax lien against the property.
5 End of public comment.
The Council expressed interest in considering different thresholds for processing delinquent accounts as a tax lien against the property. Staff advised any change would come back to Council as a proposed ordinance.
Motion by Council Member Luffee
Seconded by Council Member Eckles
Adopt Resolution No. 32-25 authorizing the San Luis Obispo County Tax Auditor to assess amounts due on delinquent solid waste collection accounts as tax liens against the properties.
Ayes (5): Mayor Wixom, Council Member Edwards, Council Member Eckles, Council Member Landrum, and Council Member Luffee CARRIED (5 to 0)
9. BUSINESS ITEMS
The Council took a brief recess at 7:06 p.m and reconvened at 7:16 p.m. with all members present.
9.a Community Risk Assessment and Standards of Cover for the Morro Bay Fire Department
https://youtu.be/qwtSObCOKtQ?si=99PoIH7PBWTL1NZz&t=5452 Fire Chief McCrain presented the report and responded to Council inquiries.
Mayor Wixom opened public comment for Item 9.a.
https://youtu.be/qwtSObCOKtQ?si=36_SMHD5SLVRmaxK&t=6570 Betty Winholtz, Morro Bay, questioned whether Council's receipt of this report implied agreement with its recommendations.
Staff responded to questions raised during public comment.
As a receive and file report, no formal action was taken by the City Council.
9.b Bonita Street Fire Station Development
https://youtu.be/qwtSObCOKtQ?si=fRl5xd4Eelvoqq6E&t=6662 Fire Chief McCrain presented the report, noting a correction to the fiscal impact section. The Development Impact Fee balance available for this project is $77,776, leaving a funding shortfall of $15,414.
Mayor Wixom opened public comment for Item 9.b
6 https://youtu.be/qwtSObCOKtQ?si=_kz2af1xFppqmW0K&t=9063 Betty Winholtz, Morro Bay, commented in support of Option C, noting concerns about the ongoing financial commitment to staff a second station.
Margaret Carman, Morro Bay, spoke in support of Option C while expressing concern about neighborhood noise and LED light impacts.
Mike Groves, Morro Bay resident and Vice President of Friends of Morro Bay Fire, shared the Friends' Board of Directors agreed to cover the $15,414 shortfall so there's no extra cost to the City. Betsy Gaudette-Cross, Morro Bay, commented in favor of having a second station in north Morro Bay.
Judy Setting, Morro Bay, supported a second station but cautioned against overbuilding.
Nattalia Merzoyan, Morro Bay, requested clarification regarding the increase in calls for service mentioned in the presentation.
End of public comment.
Motion by Mayor Wixom
Seconded by Council Member Eckles
1. Affirm that it is intent of the City Council to redevelop and staff, when possible, the Bonita Street Fire Station as City funding and departmental staffing becomes available and consider the options; and
2. Direct the Fire Chief to complete architectural drawings, sufficient to create a “shovel ready” project with the funding and appropriate a total of $93,190 including $77,776 of Fire Department Development Impact Fees to fund the remainder needed to complete these documents; and
3. Authorize the Fire Chief to seek funding sources for construction of a new fire station (Option B), if possible; and
4. Include this project in the City’s Capital Improvement Project list.
Ayes (5): Mayor Wixom, Council Member Edwards, Council Member Eckles, Council Member Landrum, and Council Member Luffee CARRIED (5 to 0)
9.c Consideration of State Water Transfer Policy Update https://youtu.be/qwtSObCOKtQ?si=PblyuB89wOYRYFf7&t=11514
7 Public Works Director Kwolek presented the report and, along with Wes Thompson, Supervising Engineer for County of San Luis Obispo, responded to Council inquiries.
Mayor Wixom opened public comment for Item 9.c.
https://youtu.be/qwtSObCOKtQ?si=5kDEyQRFcJL7yzqy&t=13464 Betty Winholtz, Morro Bay, urged the City to submit a comment letter to the Board of Supervisors expressing the City's concerns.
End of public comment.
Following discussion, there was Council consensus to provide input to the District, as discussed, generally consisting of the following:
Make sure framework meets the desire to protect our water supply, Given subcontractors have priority, policies should not allow the district to set up new subcontracts,
Consider excluding agricultural and private users from prioritization, and
Ensure cost recovery to subcontracts for historical capital investments
10. COUNCIL DECLARATION OF FUTURE AGENDA ITEMS
https://youtu.be/qwtSObCOKtQ?si=glacacCBBdz2mP4Z&t=15399 Council Members Landrum and Luffee requested discussion of whether the Coastal Development Permit issued by the Coastal Commission to Atlas Wind in July 2024 is within the Dog Beach restrictive covenants and, if so, consider notifying Coastal Commission that installation of high voltage cables would not be allowed.
11. ADJOURNMENT
The meeting adjourned at 10:00 p.m.
/s/ Dana Swanson, City Clerk
1 MINUTES - MORRO BAY CITY COUNCIL
CLOSED SESSION MEETING
June 24, 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
Public Works Director Greg Kwolek
Community Development Director Airlin Singewald
_____________________________________________________________________
1. ESTABLISH QUORUM AND CALL TO ORDER
Mayor Wixom called the meeting to order at 3:00 p.m. with all members present.
2. SUMMARY OF CLOSED SESSION ITEMS
3. CLOSED SESSION PUBLIC COMMENT
Mayor Wixom opened public comment; 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: APN 066-331-032, -033, and -034; 160 and 180 Atascadero Road and 1700 Embarcadero
Property Negotiator: Cayucos Sanitary District
Agency Negotiators: Greg Kwolek, Public Works Director; Yvonne Kimball, City Manager; Rob Schultz, Interim City Attorney
Negotiations: Price and Terms of Payment
4.b CONFERENCE WITH REAL PROPERTY NEGOTIATOR -
GOVERNMENT CODE SECTION 54956.8
2 Property: APNs 066-280-045 and 066-044-011, 1130/1330 Napa Ave., Morro Elementary
Property Negotiators: San Luis Coastal Unified School District Agency Negotiators: Airlin Singewald, Community Development Director; Yvonne Kimball, City Manager; Rob Schultz, Interim City Attorney Negotiations: Price and Terms of Payment
4.c PUBLIC EMPLOYEE PERFORMANCE/ DISCIPLINE/ DISMISSAL/
RELEASE
Pursuant to Government Code section 54957. Title: City Manager
5. RECONVENE IN OPEN SESSION
The City Council reconvened in Open Session and Interim City Attorney Schultz announced that with regard to the first two Property Negotiations items, no action was taken that required reporting under the Brown Act. Regarding the City Manager Performance Evaluation, action was taken that required reporting. The Council voted 3-2, with Mayor Wixom and Council Member Eckles opposed, to dismiss/release the City Manager from employment with the City.
6. ADJOURNMENT
The meeting adjourned at 4:32 p.m.
Respectfully submitted,
/s/ Dana Swanson, City Clerk
1 MINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING
June 24, 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: 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
_____________________________________________________________________
1. ESTABLISH QUORUM AND CALL TO ORDER
Mayor Wixom called the meeting to order at 5:30 p.m. with all members present.
2. MOMENT OF SILENCE
In remembrance of Linna Thomas.
3. PLEDGE OF ALLEGIANCE
4. REPORTS
4.a Closed Session Report
https://youtu.be/CVr3jSoXeKA?si=veJIWnEbrhDQs1VK&t=82
Interim City Attorney Schultz announced that with regard to the first two Property Negotiations items, no action was taken that required reporting under the Brown Act. Regarding the City Manager Performance Evaluation, action was taken that required reporting. The Council voted 3- 2, with Mayor Wixom and Council Member Eckles opposed, to dismiss/release the City Manager from employment with the City.
2 4.b Mayor and Councilmembers' Reports, Announcements and Presentations
https://youtu.be/CVr3jSoXeKA?si=2hxyTPomLH52sBLU&t=136
4.c City Manager Reports, Announcements and Presentations None
4.d Subcommittee Reports - Verbal Update of Current Subcommittee Activities
https://youtu.be/CVr3jSoXeKA?si=8hjocZhO75TkJM8G&t=1045 a. Water Reclamation Facility & Morro Bay / Cayucos Sanitary District JPA
b. Morro Bay Power Plant (Vistra)
c. Offshore Wind Energy
d. Morro Elementary School
5. RECOGNITION AND PRESENTATIONS
https://youtu.be/CVr3jSoXeKA?si=9_cls3jlNzgeU7Jh&t=1122
5.a Proclamation declaring July 2025 as "Parks Make Life Better Month" Presented to Recreation Services Supervisor Angelica Jepsen.
5.b Proclamation recognizing the 30th Anniversary of the Morro Bay National Estuary Program
Presented to Morro Bay National Estuary Program Executive Director, Melodie Grubbs.
6. PUBLIC COMMENT
https://youtu.be/CVr3jSoXeKA?si=vavnns8VBmjEdcr7&t=1523 Linda Winters, Morro Bay, provided a Monday Night dinner update. Kiernan Cottle, Morro Bay, offered comments.
Margaret Carman, Morro Bay, shared her appreciation for the National Estuary Program and invited them to attend REACT Alliance events.
End of public commenbt.
7. CONSENT AGENDA
https://youtu.be/CVr3jSoXeKA?si=yOeM2pojgATNNpca&t=1920
3 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.
Regarding Item 7.f., Mayor Wixom announced the resolution would be amended to transfer the entire $488,000 to the Pavement Management Program. Betty Winholtz, Morro Bay, appreciated the full amount would be transferred to the Pavement Management Program and restated written comments submitted for Item 7.h, asking that Council not approve the Final EIR, as new areas had been added that were not examined in the original EIR.
End of public comment.
Council Member Landrum pulled Items 7.h. and 7.i.
Motion by Council Member Eckles
Seconded by Council Member Landrum
Approve Consent Agenda items 7.a through 7.g 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. May 27 ,2025 - Regular Council Meeting
b. June 10, 2025 - Special Closed Session Meeting
7.b Proclamations
Approve as submitted.
a. Proclamation declaring July 2025 as "Parks Make Life Better Month" b. Proclamation recognizing the 30th Anniversary of the Morro Bay National Estuary Program
7.c Approval of SB-1 Funding Project List for FY 25/26 Pavement Management Plan Project
Adopt Resolution No. 33-25 approving the Fiscal Year 2025/26 project list for use of Senate Bill 1 (Road Repair and Accountability Act of 2017) Road Maintenance and Rehabilitation Account (RMRA) funds.
4 7.d Approve Professional Services Agreement for RRM Design Group for Design Services for Multimodal Safety and Accessibility Intersection Improvements at Main Street and Quintana Road
Approve and authorize the City Manager to execute a professional services agreement with RRM Design Group to provide design Services for Multimodal Safety and Accessibility Intersection Improvements at Main Street and Quintana Road in an amount not to exceed $213,172, which includes a 5% contingency.
7.e Authorization to Enter into a FY 2025-26 Oil Spill Response Equipment Staging Grant Funding Agreement with the Department of Fish and Wildlife (CDWF) in the Amount of $5,000.00
Adopt Resolution No. 34-25 authorizing the Harbor Director to enter into a FY 2025/2026 Oil Spill Response Equipment Staging Grant Funding Agreement with the CDFW in the Amount Of $5,000.00.
7.f Adoption of Resolution No. 35-25 Authorizing a FY 24/25 Budget Adjustment Transferring Monies from the Transit Operating Fund to the Pavement Management Program
Mayor Wixom announced the resolution would be amended to transfer the full $488,000 to the Pavement Management Program.
Adopt Resolution No. 35-25 authorizing a FY24/25 budget adjustment as a transfer of $488,000 from the Transit Operating Fund to the General Capital Improvement Fund for the purposes of contributing to the Pavement Management Program.
7.g Monetary donation from the Friends of the Morro Bay Fire Department
Authorize the City Manager to execute an agreement, accepting the financial donation from the Friends of the Morro Bay Fire Department in the sum of $15,414. to be used for the purpose of completing design and construction documents for the Bonita Street Fire Station #2 Project.
7.h WRF Quarterly Report, Recycled Water Conceptual Design Report, WRF EIR Addendum #2, Recycled Water Implementation Strategy, and Contract Amendments
https://youtu.be/CVr3jSoXeKA?si=OQpAoVtwdWZBF8P0&t=2169 Staff responded to questions raised during public comment and Council inquiries.
Motion by Council Member Edwards
Seconded by Council Member Luffee
Staff recommends the City Council:
5 1. Receive and file the Fiscal Year 2025 Quarter 3 WRF Quarterly Report (Jan 1 – Mar 31);
2. Receive and file the Conceptual Design Report (CDR) for the Recycled Water Project;
3. Approve the Final Environmental Impact Report (EIR) Addendum #2 for the Water Reclamation Facility (WRF) Program;
4. Approve the Updated Recycled Water Implementation Strategy Recommendations; and
5. Approve and authorize the City Manager to execute:
1. An amendment to a professional services agreement with Confluence Engineering Solutions (ConfluenceES) to provide recycled water program management support services for
Fiscal Year (FY) 2025/26 for the WRF Program in the amount of $356,772 for a not-to-exceed agreement amount of $1,324,304, and to extend the agreement term to June 30, 2026;
2. An amendment to a professional services agreement with GSI Water Solutions, Inc. (GSI) to provide hydrogeological support services in the amount of $397,100 for a not-to-exceed
agreement amount of $1,737,463, and to extend the agreement term to December 31, 2026; and
3. An amendment to a professional services agreement with Far Western Anthropological Research Group, Inc. to provide services for archaeological investigations for the Recycled Water Project and Wastewater Treatment Plant (WWTP)
Decommissioning and Demolition in the amount of $129,817 for a not-to-exceed agreement amount of $1,174,550.01, and to extend the agreement term to December 31, 2026.
Ayes (4): Mayor Wixom, Council Member Edwards, Council Member Eckles, and Council Member Luffee
Noes (1): Council Member Landrum
CARRIED (4 to 1)
7.i Approval of Professional Services Agreement with Anchor QEA for the Wastewater Treatment Plant Decommissioning and Demolition Engineering Design
https://youtu.be/CVr3jSoXeKA?si=ZPNsIHN8e2Sc9tzo&t=2508 Staff responded to Council inquiries.
6 Motion by Council Member Landrum
Seconded by Council Member Edwards
1. Approve and authorize the City Manager to execute a professional services agreement in the amount of $901,000. with Anchor QEA (A-QEA) for the design services for the Wastewater Treatment Plant (WWTP) Demolition and Decommissioning project; and
2. Authorize the City Manager to approve contract amendments, if needed, up to a 5% contingency ($45,050), for a total not-toexceed amount of $946,050.
Ayes (5): Mayor Wixom, Council Member Edwards, Council Member Eckles, Council Member Landrum, and Council Member Luffee CARRIED (5 to 0)
8. PUBLIC HEARING ITEMS
8.a Adoption of Resolution No. 36-25 Directing the Levy of the Annual Assessment for the Cloisters Landscaping and Lighting Maintenance Assessment District
https://youtu.be/CVr3jSoXeKA?si=BBLcivRmeM_XTGZE&t=3183 Public Works Director Kwolek presented a brief report.
Mayor Wixom opened the public hearing and public comment for Item 8.a. https://youtu.be/CVr3jSoXeKA?si=r_ZFt3NhuRx5Nl0d&t=3290 Dawn Beattie, Morro Bay, stated for the record her belief there's no annual increase because the assessment was intended to be transferred to another entity.
Betty Winholtz, Morro Bay, suggested the City put forward a Prop 218 vote implementing annual increases to see if the Cloisters homeowners would turn it down.
End of public comment.
Motion by Mayor Wixom
Seconded by Council Member Luffee
Conduct the public hearing and approve the levy of the annual assessment for the Cloisters Landscaping and Lighting Maintenance Assessment District (LLMAD) by adopting Resolution No. 36-25.
Ayes (5): Mayor Wixom, Council Member Edwards, Council Member Eckles, Council Member Landrum, and Council Member Luffee
7 CARRIED (5 to 0)
8.b Adoption of Resolution No. 37-25 Directing the Levy of the Annual Assessment for the North Point Natural Area Landscaping and Lighting Maintenance Assessment District
https://youtu.be/CVr3jSoXeKA?si=z8A6HWMMofhIJzkb&t=3731 Public Works Director Kwolek presented a brief report.
Mayor Wixom opened the public hearing and public comment for Item 8.b. https://youtu.be/CVr3jSoXeKA?si=nFVQ5lmufJqbpuGz&t=3798 Betty Winholtz, Morro Bay, did not favor putting forward a Prop 218 vote for the North Point assessment district at this time and commented on the proper maintenance of this natural area.
End of public comment.
Staff responded to questions raised during public comment.
Motion by Mayor Wixom
Seconded by Council Member Landrum
Conduct the public hearing and approve the levy of the annual assessment for the North Point Natural Area Landscaping and Lighting Maintenance District (LLMAD) by adopting Resolution No. 37-25.
Ayes (5): Mayor Wixom, Council Member Edwards, Council Member Eckles, Council Member Landrum, and Council Member Luffee CARRIED (5 to 0)
9. BUSINESS ITEMS
The Council took a brief recess at 6:36 p.m. and reconvened at 6:45 p.m. with all members present.
9.a Resolutions Approving Fiscal Year (FY) 25-26 operating and Capital Budgets; FY 24-25, FY 25-26 and FY 26-27 Salary Schedules; New Job Classifications; Investment Policy; and FY 25-26 GANN Appropriations Limit
https://youtu.be/CVr3jSoXeKA?si=q_eEUXHO4MKH83wV&t=4037 Finance Director Conrad presented the report and responded to Council inquiries.
Mayor Wixom opened public comment for Item 9.a.
https://youtu.be/CVr3jSoXeKA?si=69nUMyqIrzvmljLu&t=4990
8 Jane Heath, Morro Bay resident and business owner, urged the Council to approve the budget as presented including the police communications upgrade.
Walter Heath, Morro Bay, commented in favor of the police communications upgrade project.
Michelle Leicester-Cadaret, Morro Bay, questioned the need for the communications update, suggesting there were alternative ways to secure confidential information.
Margaret Carman, Morro Bay, was not in favor of the police communications project update and was opposed to adding more 5G towers.
Betty Winholtz, Morro Bay, opposed the addition of a Utilities Project Manager, replacement of the radio system, and new water meters, and suggested the Council pull those three items back for consideration at a future meeting. She also suggested lowering the reserve levels, and examining staffing needs.
Dina Lundquist, Morro Bay Chamber of Commerce CEO, offered comments in response to the CFAC's revenue generation
recommendations.
Morro Bay Police Sgt. Grant Hasselback spoke on behalf of the Peace Officers' Association ("POA") regarding the importance of an improved communications system.
Nic De Angelis, Morro Bay, urged Council to review a list of capital projects, approve the police communications upgrade, and work to improve the top line.
Morro Bay Police Sgt. and POA President Stephanie Storm commented on the need for an improved communications system to ensure officer safety.
Courtney Shepler, Morro Bay, suggested the long-range forecast projects a need for staffing cuts unless something is done to increase revenues, and asked the Council to be thoughtful and proactive about solving the revenue problems.
Due to technical difficulties, a brief recess was taken at 7:30 pm. The meeting reconvened at 7:46 p.m. with all members present. Courtney Shepler wrapped up her comments.
Judy Setting, Morro Bay, commented in support of updating the police communications system but hoped a less expensive option was available that meets mandate requirements. She opposed adding a Utilities Project Manager position and suggested the City
9 consider staffing reductions in order to meet long-term essential expenditures.
End of public comment.
Staff responded to questions raised during public comment and further Council inquiries.
Motion by Mayor Wixom
Seconded by Council Member Luffee
Staff recommends the City Council:
1. Adopt Resolution No. 38-25 adopting the (FY) 2025-26 Operating and Capital Budgets; and
2. Adopt Resolution No. 39-25 approving Utilities Project Manager, Collections and Pretreatment Operator, and Water Resources Compliance Specialist Classifications and Job Descriptions; and
3. Adopt Resolution No. 40-25 approving the FY 2024-25, FY 2025- 26, and FY 2026-27 Salary Schedules; and
4. Adopt Resolution No. 41-25 approving the Compensation and Benefits for the Unrepresented Management Designated
Employees for 2024-25 through 2026-27; and
5. Adopt Resolution No. 42-25 readopting the City’s Investment Policy; and
6. Adopt Resolution No. 43-25 setting the FY 2025-26 GANN Appropriations Limit at $37,744,894.
Ayes (5): Mayor Wixom, Council Member Edwards, Council Member Eckles, Council Member Landrum, and Council Member Luffee CARRIED (5 to 0)
9.b Short-term Rental Ordinance Implementation - Quarterly Update https://youtu.be/CVr3jSoXeKA?si=BR-x9zR0j-hrqIB6&t=9370 Community Development Director Singewald presented the report and responded to Council inquiries.
Mayor Wixom opened public comment for Item 9.b.
https://youtu.be/CVr3jSoXeKA?si=87LkX0DIrBTnetNQ&t=11615 Helene Finger, Morro Bay, commented in support of policy change Option 2, prioritizing issuing permits to those on the wait list. She suggested the City revise the ordinance to require STR owners to
10 submit a page from their tax return proving they have an active rental.
Walter Heath, Morro Bay, suggested folding the cost of the business license into the cost of the STR permit to eliminate that bottleneck.
An unnamed person offered comments in support of permitting new STRs in commercial spaces, adding he would have no issue submitting Schedule E from his tax return as evidence of an active rental.
Barry Branin, Morro Bay, supported limiting the number of STRs in residential zones to 137. He was supportive of STRs in
commercial zones.
Michelle Leicester-Cadaret, Morro Bay, concurred with Mr. Branin's comments.
Mitchell Bush, STR manager, shared his policy is to make sure the neighbors have his contact information so that operational violations or other problems can be quickly resolved.
Jim Curnutt, Morro Bay, suggested the City have code enforcement officers available on the weekends.
Courtney Shepler, Morro Bay, complimented staff for the work and suggested the City consider an STR license limited to use 30 days per year but otherwise complies with all the same rules.
End of public comment.
Receive and file a quarterly update on the Community Development Department’s progress in implementing the City’s Short-term Rental Ordinance through permit annual renewal process, and resume issuance of commercially zoned STR permits, and provide staff direction as necessary.
10. COUNCIL DECLARATION OF FUTURE AGENDA ITEMS
https://youtu.be/CVr3jSoXeKA?si=6E0yDcD7s7ptwAF-&t=13191 None.
11. ADJOURNMENT
The meeting adjourned at 9:32 p.m.
Respectfully submitted,
/s/ Dana Swanson, City Clerk
11 /s/ Dana Swanson, City Clerk
1 MINUTES - MORRO BAY CITY COUNCIL
CLOSED SESSION MEETING
June 25, 2025, 8:30 a.m.
June 27, 2025, 9:00 a.m.
Water Resources Center Conference Room
555 South Bay Blvd., 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: Interim City Attorney Robert Schultz
Human Resources/Risk Manager Rachael Hendricks
_____________________________________________________________________
1. ESTABLISH QUORUM AND CALL TO ORDER
Mayor Wixom called the meeting to order at 8:30 a.m. with all members present.
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 PUBLIC EMPLOYEE EMPLOYMENT
City Attorney pursuant to Government Code section 54957.
The Council recessed at 5:30 p.m. to reconvene at 9:00 a.m. on June 27, 2025.
The meeting reconvened in Closed Session on Friday, June 27, 2025 at 9:00 a.m. with all members present.
5. RECONVENE IN OPEN SESSION
The City Council reconvened in Open Session. The Council did not take any reportable action in accordance with the Brown Act.
6. ADJOURNMENT
2 The meeting adjourned at 3:00 p.m.
Respectfully submitted,
/s/ Dana Swanson, City Clerk
1 MINUTES - MORRO BAY CITY COUNCIL
CLOSED SESSION MEETING
June 27, 2025, 2:30 p.m.
Water Resources Center Conference Room
555 South Bay Blvd., 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: Interim City Attorney Robert Schultz
Human Resources/Risk Manager Rachael Hendricks
_____________________________________________________________________
1. ESTABLISH QUORUM AND CALL TO ORDER
Mayor Wixom called the meeting to order at 3:00 p.m. with all members present.
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 PUBLIC EMPLOYEE EMPLOYMENT
Interim City Manager and City Manager pursuant to Government Code section 54957.
5. RECONVENE IN OPEN SESSION
The City Council reconvened in Open Session and Interim City Attorney Schultz announced the Council took action that required reporting under the Brown Act.
The Council voted 5-0 to appoint Public Works Director Greg Kwolek as Acting City Manager.
6. ADJOURNMENT
The meeting adjourned at 3:40 p.m.
Respectfully submitted,
2 /s/ Dana Swanson, City Clerk
1 MINUTES - MORRO BAY CITY COUNCIL
CLOSED SESSION MEETING
July 1, 2025, 4:00 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: Interim City Attorney Robert Schultz
Acting City Manager/Public Works Director Greg Kwolek
Human Resources/Risk Manager Rachael Hendricks
_____________________________________________________________________
1. ESTABLISH QUORUM AND CALL TO ORDER
Mayor Wixom called the meeting to order at 4:00 p.m. with all members present.
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 PUBLIC EMPLOYEE EMPLOYMENT
Interim City Manager and City Manager pursuant to Government Code section 54957.
4.b PUBLIC EMPLOYEE EMPLOYMENT
City Attorney pursuant to Government Code section 54957.
5. RECONVENE IN OPEN SESSION
The City Council reconvened in Open Session and Interim City Attorney Schultz announced that with regard to Interim City Manager appointment, action was taken that required reporting under the Brown Act. The Council voted 4-1, with Council Member Edwards opposed, to appoint Andrea Leuker as Interim City
2 Manager. With regard to Public Employee Employment of the City Attorney, no action was taken that required reporting under the Brown Act.
6. ADJOURNMENT
The meeting adjourned at 5:21 p.m.
Respectfully submitted,
/s/ Dana Swanson, City Clerk
1 MINUTES - MORRO BAY CITY COUNCIL
SPECIAL MEETING OF CITY COUNCIL
July 10, 2025, 5:00 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: Interim City Attorney Robert Schultz
Acting City Manager/Public Works Director Greg Kwolek
Deputy Clerk Heather Goodwin
_____________________________________________________________________
1. ESTABLISH QUORUM AND CALL TO ORDER
Mayor Wixom called the meeting to order at 5:00 p.m., with all but Council Member Landrum present. Council Member Landrum joined the meeting at 5:05 p.m. Council Member Landrum and Mayor Pro Tem Edwards both provided proper notice of their remote participation via zoom for this meeting.
2. PUBLIC COMMENT FOR ITEMS ON THE AGENDA
https://youtu.be/2hcGV4YHUeg?si=Te9EyI2URQt8a-rg&t=89
The following individuals spoke in support of the appointment of Interim City Manager Anderea Lueker.
Unnamed individual
Bill Martony
Jeremiah O’Brien
Berry Branin
Linda Donnelly
Paul Donnelly
James Costanzo
Betty Winholtz
2 Margaret Carman
Judy Setting
Bernadette Pakarek
Catalina Foster
The following individuals expressed opposition to the appointment:
Jane Heath
Walter Heath
Carol Swain
Pat Mangione
Jim Gross commented on the importance of transparency and vigilance, noting that prior advocacy in the area could present potential conflicts. He advised that the Interim City Manager disclose any past involvement in relevant matters and consult with the City Attorney when appropriate.
End of Public Comment
3. SPECIAL MEETING AGENDA ITEM(S)
3.a PUBLIC EMPLOYEE CONDITIONAL APPOINTMENT AND
CONDITIONAL APPROVAL OF EMPLOYMENT AGREEMENT
BETWEEN THE CITY OF MORRO BAY AND ANDREA LUEKER FOR
THE POSITION OF INTERIM CITY MANAGER
https://youtu.be/2hcGV4YHUeg?si=tilDX598xHFc7WpJ&t=1638 Interim City Attorney Schultz presented the report and responded to Council inquiries. Mayor Wixom invited Andrea Lueker to the podium to say a few words.
Motion by Council Member Luffee
Seconded by Council Member Landrum
Appoint Andrea Lueker as the Interim City Manager, contingent upon successfully passing the City’s background check, and authorize the Mayor to execute the attached employment agreement between the City of Morro Bay and Andrea Lueker for the Interim City Manager position with the following changes:
The effective date shall be July 14th instead of July 15th.
On Page 2 of the Agreement, at the end of section 1.3 entitled Property of City, which section also includes confidentiality provisions, add:
“Employee’s obligations under Section 1.3 shall survive termination of this Agreement.”
3 In Exhibit A to the Agreement, which is the City Manager's Duties and Responsibilities on Page 2, the top bullet point states:
“Appoints and removes all department heads and employees of the City.” add at the end of that sentence, “with Council approval”.
Ayes (4): Mayor Wixom, Council Member Eckles, Council Member Landrum, and Council Member Luffee
Noes (1): Council Member Edwards
CARRIED (4 to 1)
4. ADJOURNMENT
The meeting adjourned at 5:47 p.m.
Respectfully submitted,
/s/ Heather Goodwin, Deputy City Clerk
A PROCLAMATION OF THE CITY COUNCIL
OF THE CITY OF MORRO BAY
DECLARING AUGUST 5, 2025, AS
“NATIONAL NIGHT OUT” IN MORRO BAY
CITY COUNCIL
City of Morro Bay, California
WHEREAS, the National Association of Town Watch (NATW) sponsors a national community-building campaign on Tuesday, August 5, 2025, entitled “National Night Out”; and
WHEREAS, the National Night Out campaign provides an opportunity for neighbors in Morro Bay to join over 38 million neighbors across 17 thousand communities from all 50 states, U.S. territories and military bases worldwide; and WHEREAS, National Night Out is an annual community-building campaign that promotes strong police-community partnerships and neighborhood camaraderie to make our neighborhoods safer, more caring places to live and work; and WHEREAS, neighbors in Morro Bay assist the local law enforcement agency through joint community-building efforts and support National Night Out 2025; and WHEREAS, it is essential that all neighbors of Morro Bay come together with police and work together to build a safer, more caring community; and NOW, THEREFORE, BE IT RESOLVED, that the Morro Bay City Council does hereby call upon all neighbors of Morro Bay to join the Morro Bay Police Department and National Association of Town Watch in support for National Night Out and proclaim Tuesday, August 5, 2025, as “National Night Out” in Morro Bay.
IN WITNESS WHEREOF I have hereunto
set my hand and caused the seal of the City
of Morro Bay to be affixed this 22nd day of
July, 2025
CARLA WIXOM, MAYOR
City of Morro Bay, California
Prepared By: ___AMS____ Dept Review: ___AMS______
City Manager Review: _AKL_______ City Attorney Review: ___RWS_____ Staff Report
TO: Honorable Mayor and City Council DATE: July 16, 2025 FROM: Airlin M. Singewald, Community Development Director SUBJECT: Approval of a 2-Year Lease Extension with Let’s Get Tuned, LLC for property located at 781 Market Avenue.
RECOMMENDED ACTION
Approve and authorize the Interim City Manager to execute a 2-year lease extension for the Cityowned property located at 781 Market Avenue (APN: 066-321-027).
ALTERNATIVES
The City Council could choose not to approve the lease agreement and direct staff to either alter the agreement or the Council may choose not to lease the space to Let’s Get Tuned.
FISCAL IMPACT
With approval of the lease extension, the City would receive $5,528 a month in rent resulting in a total rent payment for the first year of the lease of $66,336.00. This is an increase of $3,744 per year compared to the previous rent amount of $5,216 per month. Rent would increase by the Consumer Price Index for All Urban Consumers Los Angeles-Long Beach-Anaheim Area on the anniversary date of the lease for the second year of the lease term. The lease agreement is provided as Attachment 2 to this staff report.
BACKGROUND/DISCUSSION
The 781 Market Avenue property is owned by the City and leased to Let’s Get Tuned yoga and sound bath studio. The current lease started on August 8, 2023 and is scheduled to terminate without notice on August 8, 2025, unless otherwise amended. In the fall of 2024, the yoga studio owners, Natalie Teichmann and Jon Nowacyzk, notified the City of their intent to renew their lease with the City for 781 Market Avenue.
The proposed 2-year lease extension (attached) would start on August 10, 2025 and expire on August 10, 2027. The rent would increase from $5,216 to $5,528, which reflects a CPI increase for 2024 (2.9%) and 2025 (3%). Per the lease terms, the rent would increase again based on CPI on August 11, 2026.
In the past, the City has considered various proposals to develop a full-service hotel, parking structure, and conference rooms at Market Plaza, which includes the subject property. Most recently, the Council decided to postpone further solicitation of such proposals until after adoption of the Waterfront Master Plan currently scheduled for completion in November 2026.
AGENDA NO: 7c
MEETING DATE: July 22, 2025
2 The building has two floors, but given the lower floor is inaccessible from an Americans with Disabilities Act (ADA) standpoint (no elevator or ramp), staff does not propose to lease the lower floor.
Figure 1 - Premise
Let’s Get Tuned is proposing to lease both space A & B which excludes the kitchen. The combined square footage of both lease spaces totals 3,726 square feet. The lease agreement also includes the following terms:
Rent payment starts 30 days from lease execution.
Lease term is 24 months with ability for either City or lessee to terminate the lease with 60- day notice.
Rent increase for second year by LA area CPI.
CONCLUSION
Having tenants occupy the 781 Market building while the City defines a future vision for the property through the Waterfront Master Plan Update will serve to generate income for the City and while also ensuring the property is maintained and not left to deteriorate while the City plans for future redevelopment opportunities. Staff, therefore, recommends Council approve and authorize the City Manager to execute a 2-year lease extension with Let’s Get Tuned, LLC for lease of the 781 Market Avenue building for a lease rate of $5,528 per month, pursuant to the terms in the Lease Agreement provided as Attachment 1 to this staff report.
ATTACHMENT(S)
1. Let’s Get Tuned Lease Agreement
01181.0005/903656.2 1
COMMERCIAL LEASE AGREEMENT
By and Between
CITY OF MORRO BAY,
a municipal corporation
“Landlord”
and
Let’s Get Tuned, LLC
“Tenant”
01181.0005/903656.2 2
COMMERCIAL LEASE AGREEMENT
THIS COMMERCIAL LEASE AGREEMENT (“Lease”) is made effective this 10th day of August 2025, by and between the CITY OF MORRO BAY, a municipal corporation (“Landlord”), and Let’s Get Tuned, LLC a California Limited Liability Corporation (“Tenant”). Landlord and Tenant are sometimes individually referred to as a “Party” and jointly as the “Parties.”
RECITALS:
A. Landlord owns, certain real property located in the City of Morro Bay, County of San Luis Obispo, as follows: (i) that certain real property, commonly identified as 781 Market Avenue, Morro Bay (APN 066-321-027), improved as a commercial building containing two separate lease space areas and shared bathroom facilities identified as “Space A” and “Space B” on the Attached Exhibit A, with adjacent landscape areas.
The portion of the building identified as Space A and Space B and excluding use of the kitchen as described and depicted on the attached Exhibit A, is the subject of this Commercial Lease Agreement, and is also referred to as the “Premises.”
B. The Premises are located in Landlord’s downtown (“Downtown Area”).
C. Tenant is a Limited Liability Corporation, currently operating a sound and yoga studio business.
D. The Parties desire to enter into a written lease agreement and to confirm the rights and obligations of both Parties therein. Pursuant to the terms of this Lease, Landlord desires to lease to Tenant, and Tenant desires to lease from Landlord, the Premises, for Tenant’s sole exclusive use.
NOW, THEREFORE, in consideration of the above Recitals and the mutual promises of the Parties set forth in this Lease, Landlord and Tenant hereby agree as follows:
1. LEASE OF PREMISES; CONDITION OF PREMISES.
1.1. Lease. Landlord hereby leases to Tenant and Tenant hereby hires from Landlord the Premises (as defined in the Recitals incorporated herein) solely for the uses specified in Section 4.
1.2. Condition of Premises. Tenant acknowledges it has and shall accept the Premises from Landlord in its “AS IS” condition without representation or warranty. Tenant has inspected the premises and is aware of its condition. Pursuant to California Civil Code Section 1938, Tenant is advised the Premises have not undergone an inspection by a Certified Access Specialist; and, therefore, Landlord is not aware if the Premises comply with the applicable construction-related accessibility standards pursuant to Civil Code Section 55.53.
01181.0005/903656.2 3
2. EFFECTIVE DATE; TERM.
2.1. Effective Date. This Lease shall be deemed effective as of August 10, 2025 (“Effective Date”). All other Tenant’s rights and obligations under this Lease shall commence as of the Effective Date.
2.2. Term. The term of this Lease shall commence on the Effective Date for a fixed term of twenty-four (24) months, and terminate without notice on August 10, 2027 (“Term”), unless otherwise amended by the Parties pursuant to Sections 2.4 and
29.14. 2.3. Right to Terminate. Tenant shall have the right to terminate this Lease at any time within the Term upon providing Landlord at least sixty (60) days’ written notice to Landlord. Landlord shall have the right to terminate this Lease at any time within the Term upon providing Tenant at least sixty (60) days’ written notice.
2.4. Exclusive Right to Negotiate Extension. If Tenant has not been in default of any of its obligations under this Lease during the previous six months of the original Term (as defined in Section 2.2), then Tenant shall have the right (but not the obligation) to enter into a ninety-day period of exclusive negotiation with Landlord to extend this Lease upon mutually acceptable terms (including, but not limited to, rent payments) for an additional period up to one year (“ENA Right”). Tenant must exercise the ENA Right by sending a written notice to Landlord specifying its exercise of the ENA Right, which notice must be delivered to Landlord not less than ninety days prior to the expiration of the original Term (“ENA Notice”). Within fifteen business days after receipt of the ENA Notice, Tenant and Landlord will meet to begin negotiations for an amendment to this Lease to extend the Term. If prior to the end of the Term the Parties agree to an extension and other modifications, then such terms shall be effective only if this Lease is amended in accordance with Section 29.14. If the Parties do not agree to that amendment, then this Lease shall terminate without further notice at the end of the Term.
3. RENT & PERFORMANCE STANDARD.
3.1. Monthly Rent. Tenant agrees to pay Five Thousand Two Hundred Sixteen Dollars ($5,528) on a 30-day basis, in advance, due no later than the 10th day of first calendar month of each the ten calendar months for the 30-day period for which rent is being paid (“Rent”); with the first payment being due on September 8, 2025. Starting after the first year following the Effective Date and each anniversary thereafter, said Rent amount shall be adjusted based on the change in the Consumer Price Index for All Urban Consumers Los Angeles-Long Beach-Anaheim CUURS49ASA0 applied over the immediately preceding year.
3.2. Performance Standards. As material consideration for this Lease, Tenant covenants to comply with the following requirement (the “Performance Standard”): diligently maintain and repair the Premises, in compliance with Section 7.1.
01181.0005/903656.2 4
3.3. Payment of Rent. All Rent and all other monetary obligations to be paid by Tenant to Landlord shall be in lawful money of the United States of America at the address specified in Section 29.12, or such other address as Landlord shall notify Tenant in writing.
3.4. Late Payment. Any payment of any sum to be paid by Tenant, not paid within ten (10) days after its due date, shall be subject to a ten percent late charge.
3.5. Security Deposit. Concurrently with Tenant’s delivery of this Lease, Tenant shall deposit with Landlord the sum equal to the Rent stated in item 3.1 of the Rent & Performance Standards (the “Security Deposit”), to be held by Landlord as security for the full faithful performance of the Tenant’s obligation under this Lease. Upon any breach of the foregoing obligations by Tenant, Landlord may apply all or part of the Security Deposit as full or partial compensation. If any portion of the Security Deposit is so applied, Tenant shall within 5 days after written demand by Landlord deposit cash with Landlord in an amount sufficient to restore the Security Deposit to its original amount. Landlord shall not be required to keep this Security Deposit separate from its general funds, and Tenant shall not be entitled to interest on the Security Deposit. In no event may Tenant utilize all or any portion of the Security Deposit as a payment toward any Rental sum due under this Lease. Any unapplied balance of the Security Deposit shall be returned to Tenant thin 30 days following the termination of this Lease and Tenant’s vacation of the Premises.
4. USES.
4.1. Authorized Uses; Minimum Program Requirements.
4.1.1. Authorized Uses. Tenant shall use the Premises solely as a Sound and Yoga Studio. As material consideration for this Lease, Tenant agrees to use the Premises and conduct all its business operations on the Premises under the designation of a commercial Sound and Yoga Studio, currently named “Let’s Get Tuned”. No other name shall be used with respect to the Premises without the prior written consent of Landlord, which may be granted or withheld in its sole discretion.
4.2. Prohibited Uses. Tenant shall not use, or permit the Premises, or any part thereof, to be used for any purpose or purposes other than those express uses specified in Section
4.1.1. Tenant shall not sell or permit to be displayed, performed, sold, kept, or used in or about the Premises any conduct which may be prohibited by standard forms of fire insurance policies.
Tenant shall not violate any and all requirements, pertaining to the use of the Premises, of any insurance organization or company necessary for the maintenance of reasonable fire and public liability insurance, covering the buildings within the Premises and appurtenances.
01181.0005/903656.2 5
Tenant shall not permit smoking or vaping on any portion of the Premises.
Tenant shall not commit, or suffer to be committed, any waste upon the Premises, or any nuisance or other act or thing which may disturb the quiet enjoyment of any other tenant or occupant of the Premises or any adjacent Premises. Tenant shall not conduct or permit to be conducted any sale by auction in, upon or from the Premises, whether said auction be voluntary, involuntary, pursuant to any assignment for the payment of creditors, or pursuant to any bankruptcy or other solvency proceeding nor display any “going out of business” or similar sign.
Tenant shall not engage in any activity in, on or about the Premises that violates any Environmental Law, and shall promptly, at Tenant’s sole cost and expense, take all investigatory and/or remedial action required or ordered by any governmental agency or Environmental Law for clean-up and removal of any contamination involving any Hazardous Material created or caused directly or indirectly, by Tenant. The term “Environmental Law” shall mean any federal, state or local law, statute, ordinance or regulation pertaining to health, industrial hygiene or the environmental conditions on, under or about the Premises, including, without limitation, (i) the Comprehensive Environmental Response, Compensation and Liability Act of 1980 (“CERCLA”), 42 U.S.C. Sections 9601, et seq.; (ii) the Resource Conservation and Recovery Act of 1976 (“RCRA”), 42 U.S.C. Sections 6901, et seq.; (iii) California Health and Safety Code Sections 25100, et seq.; (iv) the Safe Drinking Water and Toxic Enforcement Act of 1986, California Health and Safety Code Section 25249.5, et seq.; (v) California Health and Safety Code Section 25359.7; (vi) California Health and Safety Code Section 25915; (vii) the Federal Water Pollution Control Act, 33 U.S.C.
Sections 1317, et seq.; (viii) California Water Code Section 13000, et seq.; and (ix) California Civil Code Section 3479, et seq., as such laws are amended and the regulations and administrative codes applicable thereto. The term “Hazardous Material” includes, without limitation, any material or substance which is (i) defined or listed as a “hazardous waste”, “extremely hazardous waste”, “restrictive hazardous waste”, “or “hazardous substance” or considered a waste, condition of pollution or nuisance under the Environmental Laws; (ii) petroleum or a petroleum product or fraction thereof; (iii) asbestos; and/or (iv) substances known by the State of California to cause cancer and/or reproductive toxicity. It is the intent of the Parties hereto to construe the terms “Hazardous Materials” and “Environmental Laws” in their broadest sense. Tenant shall provide all notices required pursuant to the Safe Drinking Water and Toxic Enforcement Act of 1986, California Health and Safety Code Section 25249.5, et seq. Tenant shall provide prompt written notice to Landlord of the existence of Hazardous Materials on the Premises and all notices of violation of the Environmental Laws received by Tenant. Notwithstanding the foregoing, Tenant is not responsible for the remediation or removal of any Hazardous Materials which Tenant did not directly or indirectly cause to be placed at the Premises.
4.3. Abandonment. Tenant shall not vacate or abandon the Premises at any time during the Term of this Lease. Upon termination of this Lease for any reason, any personal property belonging to Tenant and left on the Premises shall be deemed to be abandoned, at the option of Landlord, shall become the property of Landlord.
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5. REAL ESTATE TAXES. Tenant shall pay any and all real property taxes applicable to Tenant’s possessory interest in the Premises. All such payments shall be made at least ten days prior to the due date of the applicable installment. Tenant shall promptly (at least five (5) days prior to the due date) furnish Landlord with satisfactory evidence such taxes have been paid. If any such taxes to be paid by Tenant shall cover any period of time after the expiration or earlier termination of the Term hereof, then Tenant’s share of such taxes shall be equitably prorated to cover only the period of time within the tax fiscal year that this Lease is in effect; and Tenant may apply to the County of San Luis Obispo (the “County”) for reimbursement of any overpayments after such proration. Notwithstanding anything above to the contrary, to the extent any assessment is levied against the Premises payable in installments, Tenant shall pay all installments coming due and payable during the Term of this Lease.
Tenant acknowledges, although Landlord is a municipal entity exempt from real property taxes, Tenant’s possessory interest under this Lease may be subject to real property taxation.
Upon request, Landlord agrees to work with Tenant to assist in providing information to the County Tax Assessor to reduce the valuation of Tenant’s possessory interest in the Premises.
Landlord provides no assurance to Tenant that it will be successful in such efforts and that Tenant may be required to pay real property taxes.
6. PERSONAL PROPERTY TAXES. During the Term, Tenant shall pay prior to delinquency all taxes assessed against the levied upon fixtures, furnishings, equipment and all other personal property owned by Tenant (excluding Landlord’s personal property) located in the Premises, and when possible Tenant shall cause said fixtures, furnishings, equipment and other personal property to be assessed and billed separately from Landlord’s personal property. In the event any or all of Tenant’s fixtures, furnishings, equipment and other personal property shall be assessed and taxed with Premises, Tenant shall pay its share of such taxes within ten days after delivery to Tenant by Landlord of a statement in writing setting forth the amount of such taxes applicable to Tenant’s property.
7. MAINTENANCE AND REPAIRS.
7.1. Maintenance and Repair by Tenant; Performance Standards for Same. Except the specific maintenance obligations of Landlord as set forth in Section 7.2, Tenant shall at all times during the Term, and at Tenant’s sole cost and expense, keep, maintain and repair the Premises in good and sanitary order, condition, and repair.
Such maintenance obligations shall include, but not be limited to, any equipment installed by Tenant, furnishings (such as seating, carpeting and drapes, mirrors, and interior repainting) and landscaping.
Tenant shall also hire a cleaning service/custodian, who shall keep the Premises in good and sanitary order on a daily basis.
Tenant shall maintain a written record to evidence the regular performance of maintenance and upkeep of the facility consistent with the maintenance standards.
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Upon termination of this Lease, the Premises shall be surrendered in a good, clean and sanitary condition except for reasonable use and wear. Tenant agrees to surrender the Premises in its original condition, together with all additional improvements or alternations, which have been approved by Landlord and installed by Tenant pursuant to Section 8.1. If Landlord wants to reserve the right to require Tenant to remove any such additional improvements upon the expiration or earlier termination of this Lease, then Landlord must reserve such right in its notice of approval. If Tenant is required to remove any improvements from the Premises upon termination of this Lease, then Tenant shall do so at Tenant’s sole cost and expense, and Tenant will repair any damage to the Premises caused by such removal. Tenant shall promptly notify Landlord in writing of any condition in the Premises that require repairs by Landlord (“Repair Notice”), which shall be made by Landlord as set forth in Section 7.2.
Tenant acknowledges Tenant’s maintenance obligations under this Section are material considerations to Landlord for this Lease and, therefore, this Section shall be construed liberally for the protection and preservation of the Premises.
7.2. Limited Maintenance and Repair by Landlord. Landlord shall be responsible to maintain in good repair and in compliance with all applicable laws, ordinances and regulations, at Landlord’s sole cost and expense, only (i) the physical structure of the Premises, such as the structural elements, roof, plumbing, water heating system, electrical systems, HVAC equipment and exterior painting, and (ii) subject to the financial limitations set forth below.
Notwithstanding the foregoing, Landlord shall not be required to make repairs necessitated by reason of (i) the negligence or willful misconduct of Tenant, or any of Tenant’s staff, volunteers, students, contractors, invitees, subtenants, patrons or customers, (ii) the failure of Tenant to perform or observe and promptly report to Landlord any conditions the repair of which are Landlord’s responsibility or (iii) the failure of Tenant to perform or observe the conditions or agreements in this Lease, or caused by unauthorized alterations, additions or improvements made by Tenant or anyone claiming under Tenant (collectively the “Tenant Caused Damages”). Tenant shall be solely responsible, at its sole cost and expense, to repair any Tenant Caused Damages.
Upon receipt of a Repair Notice, Landlord shall have a reasonable period of time (not to exceed five business days) to commence said repairs. Upon commencement of repairs, Landlord shall use reasonable efforts to diligently complete same. Tenant and Landlord shall jointly conduct an annual inspection of the Premises every April to aid Landlord in determining if any repairs by Landlord may be necessary.
Any renovation work performed by Landlord to the Premises shall not unreasonably interfere with Tenant’s operations.
Notwithstanding the foregoing, Landlord’s repair obligations are specifically limited in that Landlord shall not be required to make repairs the cost of which exceeds the Rent actually received by Landlord from Tenant as set forth below. During the Term,
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Landlord shall maintain a cumulative on-going record of all Rent received by Landlord (“Landlord Repair Fund”). Any repairs and maintenance costs incurred by Landlord under this Section shall reduce the Landlord Repair Fund. If at any time when a repair or maintenance item, which is Landlord’s responsibility under this Section, then Landlord shall only be obligated to make such repair to the extent the current balance of the Landlord Repair Fund is sufficient to pay the cost of such repair. However, if the repair item is critical for Tenant’s operation of the Premises, then Landlord shall promptly make such repair, but the cost of such shall reduce the Landlord Repair Fund. If Landlord elects, in its sole discretion, to make repairs notwithstanding the foregoing limitations, then such election shall not be deemed a waiver of this limitation with respect to future repairs and the cost of such repairs shall reduce the Landlord Repair Fund.
8. ALTERATIONS
8.1 To Premises. Tenant shall not make any alterations to the Premises, or any part thereof, without the prior written consent of Landlord. If Tenant wishes to make additional improvements to the Premises, then Tenant shall notify Landlord in writing specifying in reasonable detail the proposed alterations and the cost thereof. Within fifteen days after receiving such notice from Tenant, Landlord shall send written notice to Tenant indicating whether Landlord approves or disapproves of the contemplated improvements. The City Manager may act on behalf of Landlord for approvals or disapprovals under this Section. Landlord’s approval shall not be unreasonably withheld and any disapproval shall be in writing and shall explain the reasons for the denial. However, as a condition to granting its approval to any of the improvements, Landlord may require Tenant to provide Landlord with reasonably satisfactory evidence of Tenant’s financial ability to pay for the costs of the improvements and may require a completion bond be provided to Landlord or other security reasonably acceptable to Landlord. Any such alterations shall comply with all applicable laws and regulations. All improvements (excluding minor improvements as determined by Landlord) shall be under the supervision of a licensed architect or structural engineer (at Tenant’s cost) and made in accordance with plans and specifications approved in writing by Landlord, in its governmental and landlord capacities, prior to the commencement of such work. All work shall be done in a good and workmanlike manner, diligently prosecuted to completion. All such improvements shall immediately be deemed a part of the Premises and may not be removed by Tenant. Prior to commencing any work of improvement hereunder, Tenant shall notify Landlord so that Landlord can post and record an appropriate Notice of Non-Responsibility.
9. COMPLIANCE WITH LAWS. Except as to the specific obligations of Landlord under Section 7.2, Tenant shall, at its sole cost and expense, comply with all of the requirements of all municipal, state and federal authorities now in force or which may hereafter be in force pertaining to the use of the Premises, and shall faithfully observe in said use all municipal ordinances, including, but not limited to, the General Plan and zoning ordinances, state and federal statutes, or other governmental regulations now in force or which shall hereinafter be in force. The judgment of any court of competent jurisdiction, or the admission of Tenant in
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any action or proceeding against Tenant, whether Landlord be a party thereto or not, that Tenant has violated any such order or statute in said use, shall be conclusive of that fact as between Landlord and Tenant.
10. INSURANCE.
10.1. Landlord to Provide Property Insurance. Landlord shall maintain, at Landlord’s sole cost and expense, fire, and excess coverage insurance throughout the term of this Lease, on all buildings and improvements located on the Premises (and fixtures thereto), in an amount equal to one hundred percent of the replacement value of the Premises, together with such other insurance, coverages and endorsements as Landlord may determine in its sole discretion. Tenant hereby waives any right of recovery from Landlord, its officers and employees, and Landlord hereby waives any right of loss or damage (including consequential loss) resulting from any of the perils insured against as a result of said insurance.
10.2. Tenant‘s Insurance Obligations.
10.2.1. Liability Insurance. During the entire term of this Lease, Tenant shall, at Tenant’s sole cost and expense, for the mutual benefit of Landlord and Tenant, maintain comprehensive general liability insurance insuring against claims for bodily injury, death or property damage occurring in, upon or about the Premises, written on a per occurrence basis in an amount not less than either (i) a combined single limit of Five Million Dollars ($5,000,000) for bodily injury, death, and property damage or (ii) bodily injury limits of Five Hundred Thousand Dollars ($500,000) per person, One Million Dollars ($1,000,000) per occurrence and One Million Dollars ($1,000,000) products and completed operations and property damage limits of Two Hundred Fifty Thousand Dollars ($250,000) per occurrence and One Million Dollars ($1,000,000) in the aggregate.
10.2.2. Worker’s Compensation Insurance. Tenant shall, at Tenant’s sole cost and expense, maintain a policy of worker’s compensation insurance in an amount as will fully comply with the laws of the State of California and which shall indemnify, insure and provide legal defense for both Tenant and Landlord against any loss, claim or damage arising from any injuries or occupational diseases occurring to any worker employed by or any persons retained by Tenant in the course of conducting Tenant’s business in the Premises.
10.2.3. Business Automobile Coverage Insurance. Tenant shall, at Tenant’s sole cost and expense, for the mutual benefit of Landlord and Tenant, maintain Business Auto Coverage on ISO Business Auto Coverage from CA 00 01 including symbol 1 (Any Auto) or the exact equivalent, with combined single limits of liability not less than One Million Dollars ($1,000,000) per accident. If Tenant owns no vehicles, then this requirement may be satisfied by a non-owned auto endorsement to the
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general liability policy described above. If Tenant or Tenant’s employees will use personal autos in any way for the operation of any business on the Premises, then Tenant shall provide evidence of personal auto liability coverage for each such person.
10.2.4. General Provisions. All of the policies of insurance required to be procured by Tenant pursuant to this Section 10.2 shall be primary insurance and pursuant to Subsections 10.2.1 and .3 shall name Landlord, its employees and agents as additional insureds. All policies shall waive all rights of subrogation and provide that said insurance may not be amended or canceled without providing thirty-days’ prior written notice by registered mail to Landlord, unless the cancellation is for non-payment of a premium and then such written notice shall be no less than ten days.
Within ten business days after execution of this Lease by the last Party to sign, and at least thirty days prior to the expiration of any insurance policy, Tenant shall provide Landlord with certificates of insurance and full copies of the insurance policies evidencing the mandatory insurance coverages written by insurance companies acceptable to Landlord, licensed to do business in California and rated A:VII or better by Best’s Insurance Guide. Landlord may require an increase in the coverage and/or the types of coverage from time to time upon written notice to Tenant.
Each of the Parties, on behalf of their respective insurance companies insuring such property of either Landlord or Tenant against such loss, waive any right of subrogation that it may have against the other.
11. INDEMNIFICATION. Tenant shall indemnify, protect, defend and hold harmless the Premises, Landlord and its managers, officers, directors, members, employees, agents, contractors, partners and lenders, from and against any and all claims, and/or damages, costs, liens, judgments, penalties, permits, reasonable attorneys’ and consultant’s fees, expenses and/or liabilities arising out of, involving, or in dealing with, the occupancy of the Premises by Tenant, the conduct of Tenant’s business, any act, omission or neglect of Tenant, its officers, directors, members, employees, agents or contractors, and out of any breach by Tenant in the performance in a timely manner of any obligation on Tenant’s part to be performed under this Lease, except for matters which are the result of Landlord’s gross negligence, intentional wrongful acts, or in default of this Lease. The foregoing shall include, but not be limited to, all costs of the defense or pursuit of any claim or any action or proceeding involved therein, and whether or not (in the case of claims made against Landlord) litigated and/or reduced to judgment. In case any action or proceeding is brought against Landlord by reason of any of the foregoing matters, Tenant upon notice from Landlord shall defend the same at Tenant’s expense by counsel reasonably satisfactory to Landlord and Landlord shall cooperate with Tenant in such defense. Landlord need not have first paid any such claim in order to be so indemnified. In addition, Landlord may require Tenant to pay Landlord’s reasonable attorneys’ fees and costs in defending against or participating in such claim, action or proceeding if Landlord shall decide, in its exercise of reasonable judgment, it is unsatisfied with the representation of its interest by Tenant or its counsel.
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Landlord shall not be liable for injury or damage to the person or goods, wares, merchandise or other property of Tenant, Tenant’s employees, contractors, invitees, customers, or any other person in or about the Premises, whether such damage or injury is caused by or results from fire, earthquake, flood, terrorism, steam, electricity, gas, water or rain, or from the breakage, leakage, obstruction or other any other cause, whether the said injury or damage results from conditions arising upon the Premises or from other source or places except if such injury or damage is the result of the gross negligence or willful misconduct of Landlord or Landlord’s employees, contractors or agents.
12. NO LIENS. Tenant shall keep the Premises, free from any liens arising out of any work performed, material furnished, or obligation incurred by Tenant or alleged to have been incurred by Tenant. If Tenant shall fail to pay any charge for which a mechanic’s lien claim and suit to foreclose the lien have been filed, and shall not have obtained the release of said lien from the property subject to such lien, then Landlord may (but shall not be so required to) pay said claim and any costs, and the amount so paid, together with reasonable attorneys’ fees incurred in connection therewith, shall be immediately due and owing from Tenant to Landlord, together with interest at the rate prescribed in Section 29.5, on the amount of the mechanic’s lien claim.
13. SIGNS. Tenant shall not place or permit to be placed any signs upon the exterior or in the windows of the Premises without Landlord’s prior written consent. Any sign installed without such approval shall be immediately removed by Tenant and, if said sign is not removed by Tenant within three days of written notice from Landlord to Tenant, then Landlord may remove and destroy said sign without Tenant’s approval and without any liability to Tenant. Tenant shall not modify or alter any of the signs without the prior written approval of the City Manager for Landlord, which approval shall not be unreasonably withheld or delayed. Landlord shall reply to any proposed alteration within fourteen days from submission. Any revision shall comply with the Morro Bay Municipal Code requirements related to signage prior to any revisions actually being made to the signs.
Tenant shall maintain the signs in good condition and repair at all times during the entire term at its sole cost and expense.
14. UTILITIES.
14.1. Tenant’s Responsibilities. Tenant shall pay, before delinquency, all charges for water, gas, heat, electricity, power, sewer, telephone service, solid waste collection and all other services and utilities used in, upon, or about the Premises by Tenant or any of its subtenants, licensees, or concessionaires during the entire term of this Lease. Tenant shall pay such fees, assessments or charges as may be levied for the operation, maintenance and service of such facilities and shall comply with reasonable rules and regulations established from time to time for use thereof. Tenant shall insure that trash and debris produced by the activities on Premises do not accumulate on the Premises.
15. ENTRY AND INSPECTION. Tenant shall permit Landlord and its employees and agents to enter into and upon the Premises at all reasonable times for the purpose of inspecting the same, or for the purpose of making repairs, alterations or additions or performing the
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improvements to any portion of said building(s), including the erection and maintenance of such scaffolding, canopy, and fences as may be required, or for the purpose of posting notices of non-responsibility for alterations, additions or repairs, or for the purpose of placing upon the Premises any usual or ordinary signs for public safety as determined by Landlord.
Landlord shall be permitted to do any of the above without any rebate of Rent and without any liability to Tenant for any loss of occupation or quiet enjoyment of the Premises thereby occasioned. Landlord shall make reasonable efforts to coordinate times for any repairs deemed necessary with Tenant to reduce to the extent practicable any interference with Tenant’s use of the Premises. Tenant shall permit Landlord, at any time within ninety days prior to the expiration of the Term, to place upon the Premises any usual or ordinary “For Lease” or “For Sale” signs, and during such ninety-day period, Landlord or its agents may, during normal business hours, enter upon said Premises and exhibit the same to prospective tenants or purchasers.
16. DAMAGE AND DESTRUCTION.
16.1. Notice to Landlord. Tenant shall give prompt notice to Landlord in case of any fire or other damage to the Premises.
16.2. Damage. In the event the Premises are destroyed or damaged by fire or other casualty or act of God as to be rendered uninhabitable (“Casualty”), this Lease may be terminated by either party in its sole discretion upon written notice to Tenant within thirty (30) days of such occurrence. If the Lease is not terminated by Landlord or Tenant, Tenant shall be responsible to repair the damage to the Premises and Landlord shall be responsible to repair any damage to the buildings or common areas (other than the leased Premises areas) unless such was caused by Tenant or its employees, agents or invitees in which event Tenant shall, at its sole cost and expense repair the damage.
16.3. Repair of Damage by Landlord. Tenant agrees to notify Landlord in writing promptly of any damage to the Premises resulting from a Casualty, as defined above.
If the Premises are damaged by a Casualty or any common areas of the Premises’ building providing access to the Premises are damaged by a Casualty such that Tenant does not have reasonable access to the Premises and neither Landlord nor Tenant has elected to terminate this Lease, Landlord shall promptly and diligently restore such common and building areas to substantially the same condition as existed before the Casualty, except for modifications required by building codes and other laws and except for any other modifications to the common areas considered desirable by Landlord. In making these modifications, Landlord shall reasonably endeavor to avoid impairing Tenant’s access to the Premises. Landlord’s obligation to restore is subject to the availability of insurance proceeds and shall further be subject to reasonable delays for insurance adjustments and other matters beyond Landlord’s reasonable control and subject to the other clauses of this Lease.
16.4. Rent Abatement. In the event any casualty to the Premises is such that operations are impossible or impractical during the reconstruction as determined by Tenant,
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Tenant shall be entitled to abatement of the Rent for actual number of business days closed based on a pro-rata ratio of the total days in the month.
16.5. Termination. Upon any termination of this Lease under any of the provisions of Section 16 or Section 2.3, the Parties shall be released thereby without further obligations to the other Party coincident with the surrender of possession of the Premises to Landlord, except for obligations which have theretofore accrued and be then unpaid, and except for Tenant’s obligations under Section 11.
16.6. Determination of Percentage of Damage or Destruction. If either Landlord or Tenant contends the percentage of the damage or destruction referred to above exceeds one-year’s rent total and the other Party disagrees, then the determination of the percentage shall be made in writing by a senior officer of the insurance company that is to make insurance proceeds available for replacement or repair. If said insurance company elects not to render such a determination in a timely manner, or no determination is rendered for any other reason, then, in such event, upon fifteendays’ prior written notice to Tenant, then Landlord’s determination shall be deemed the agreed upon determination of the damage or destruction.
17. ASSIGNMENT AND SUBLETTING.
17.1. Assignment and Subletting. Tenant shall not sublet the Premises or assign this Lease without the prior written consent of Landlord. Landlord shall not unreasonably withhold its consent to an assignment or sublease to a proposed assignee or subtenant.
In no event shall Landlord be required to approve of any assignment or sublease, which would result in a violation of any other agreements to which Landlord is a party and/or for which all of the following criteria are not met:
a. The proposed assignee or subtenant has submitted to Landlord financial statements showing the proposed assignee’s or subtenant’s financial condition, including net worth and liquidity, is equal to or greater than Tenant’s financial condition;
b. The proposed assignee or subtenant is morally and financially responsible; and
c. Tenant is not in default in the payment of Rent or the performance of any obligations under this Lease.
Any such assignment shall be subject to all of the terms and conditions of this Lease, including, but not limited to, the use restrictions, and the proposed assignee or subtenant shall assume the obligations of Tenant under this Lease in writing in form satisfactory to Landlord. The proposed assignee or subtenant shall simultaneously provide to Landlord an estoppel certificate in the form described in Section 21.
Consent by Landlord to one assignment or subletting shall not be deemed to be consent to any subsequent assignment or subletting. Any assignment or subletting without the prior written consent of Landlord shall be void, shall constitute a material breach of this Lease, and shall, at the option of Landlord, terminate this Lease.
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Neither this Lease nor any interest therein shall be assignable as to the interest of Tenant by operation of law.
Landlord shall be under no obligation to consider a request for its consent to an assignment or sublease until Tenant shall have submitted in writing to Landlord a request for Landlord’s consent to such assignment or sublease, a history of the proposed assignee’s or subtenant’s business experience and financial viability and such other information as required by Landlord to verify that the criteria set forth herein are met.
18. DEFAULT AND REMEDIES; TERMINATION.
18.1. Default by Tenant. The occurrence of any one or more of the following events shall constitute a default and breach of this Lease by Tenant:
(i) Failure to pay any Rent or other monetary payment required hereunder to Landlord within five days after receiving notice from Landlord of Tenant’s failure to pay any such obligation when due under this Lease. (ii) Failure to perform any provision of this Lease (other than the payment of money), if the failure to perform is not cured within thirty days after receiving written notice of the default from Landlord. If the default cannot be reasonably cured within thirty days, then Tenant shall not be in default of this Lease if Tenant commences to cure the default within the thirty-day period and diligently and in good faith continues to cure the default, but within no more than one hundred eighty days from commencement of the cure.
(iii) Failure of Tenant to meet or comply with the Performance Standard. (iv) Vacation or abandonment of the Premises by Tenant. (v) Making a general assignment for the benefit of creditors. (vi) Filing of a voluntary petition in bankruptcy or the adjudication of Tenant as a bankrupt.
(vii) Appointment of a receiver to take possession of all or substantially all the assets of Tenant located at the Premises or of Tenant’s leasehold interest in the Premises.
(viii) Filing by any creditor of Tenant of an involuntary petition in bankruptcy which is not dismissed within sixty days after filing.
(ix) Attachment, execution or other judicial seizure of all or substantially all of the assets of Tenant or Tenant’s leasehold where such an attachment, execution or seizure is not discharged within sixty days.
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In the event of any such default or breach by Tenant, Landlord may at any time thereafter, without further notice or demand, rectify or cure such default, and any sums expended by Landlord for such purposes shall be paid by Tenant to Landlord upon demand and as additional Rent hereunder. In the event of any such default or breach by Tenant, Landlord shall have the right to continue the lease in full force and effect and enforce all of its rights and remedies under this Lease, including the right to recover the Rent as it becomes due under this Lease or Landlord shall have the right at any time thereafter to elect to terminate the Lease and Tenant’s right to possession thereunder. Upon such termination, Landlord shall have the right to recover from Tenant:
(a) The worth at the time of award of the unpaid Rent which had been earned at the time of termination;
(b) The worth at the time of award of the amount by which the unpaid Rent which would have been earned after termination until the time of award exceeds the amount of such Rent loss that Tenant proves could have been reasonably avoided; and
(c) The worth at the time of award of the amount by which the unpaid Rent for the balance of the term after the time of award exceeds the amount of such Rent loss that Tenant proves could be reasonably avoided.
The “worth at the time of award” of the amounts referred to in subparagraphs (a), b), and (c) above shall be computed by allowing interest (or by discounting in the case of subparagraph (c)) at three percent over the prime rate, but in no event greater than the maximum rate permitted by law.
“Rent” shall include all sums payable pursuant to this Lease on a regular basis; including reimbursement of real estate taxes and any similar amounts. The payment shall be computed on the basis of the average monthly amount thereof accruing during any preceding twelve-month period selected by Landlord, except that if it becomes necessary to compute such Rent before such a twelve-month period has occurred, then such Rent shall be computed on the basis of the average monthly amount hereof accruing during such shorter period.
Such efforts as Landlord may make to mitigate the damages caused by Tenant’s breach of this Lease shall not constitute a waiver of Landlord’s right to recover damages against Tenant hereunder.
Notwithstanding any of the foregoing, the breach of this Lease by Tenant, or an abandonment of the Premises by Tenant, shall not constitute a termination of this Lease, or of Tenant’s right of possession hereunder, unless and until Landlord elects to do so, and until such time Landlord shall have the right to enforce all of its rights and remedies under this Lease, including the right to recover Rent, and all other payments to be made by Tenant hereunder, as they become due. Failure of Landlord
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to terminate this Lease shall not prevent Landlord from later terminating this Lease or constitute a waiver of Landlord’s right to do so.
18.2. No Waiver. Acceptance of any payment under this Lease shall not be deemed a waiver of any default or a waiver of any of Landlord’s remedies.
18.3. Landlord’s Default. Except as may be elsewhere expressly provided in this Lease, Landlord shall not be in default, unless Landlord fails to perform obligations required of Landlord within a reasonable time, but in no event later than thirty days after written notice by Tenant to Landlord, specifying wherein Landlord has failed to perform such obligation; provided, however, that if the nature of Landlord’s obligation is such that more than thirty days are required for performance, then Landlord shall not be deemed in default if Landlord commences performance within that thirty-day period and thereafter diligently prosecutes the same to completion.
18.4. Cumulative Remedies. No remedy or election hereunder shall be deemed exclusive but shall, wherever possible, be cumulative with all other remedies at law or in equity, except Tenant i) cannot seek money damages or pursue an action in law; and ii) is instead limited to bringing a proceeding in the nature of specific performance, injunctive relief or mandamus, or any other action in equity to enforce any applicable provision of this Lease.
18.5. Termination.
18.5.1. The Parties acknowledge this Lease shall be terminated immediately at the occurrence of any of the following events:
a. By expiration of the Lease (including the right to terminate in Section 2.3);
b. By mutual agreement of both Parties; or
c. In the case of casualty as provided for in Section 16.
18.5.2. The Parties acknowledge this Lease may be terminated by Landlord upon five-days’ written notice if Tenant fails to meet the Performance Standard.
18.5.3. Except as set forth in Section 2.3, termination of this Lease shall not extinguish Tenant’s obligations to pay Rent or its other obligations including indemnification of Landlord.
19. SURRENDER OF PREMISES. The voluntary or other surrender of the Premises by Tenant, or a mutual cancellation thereof, shall not work a merger, and shall, at the option of Landlord, terminate all or any existing subleases or licensees, or may, at the option of Landlord, operate as an assignment to it of any or all of such subleases or licenses.
20. FORCE MAJEURE. If either Party hereto shall be delayed or prevented from the performance of any act required hereunder by reason of acts of God, strikes, lockouts, labor
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troubles, inability to procure materials, restrictive governmental laws or regulations or other cause without fault and beyond the control of the Party obligated (financial inability excepted), then performance of such act shall be excused for the period of the delay and the period for the performance of any such act shall be extended for a period equivalent to the period of such delay; provided, however, nothing in this Section shall excuse Tenant from the prompt payment of any Rent.
21. ESTOPPEL CERTIFICATE. Tenant shall, at any time and from time to time upon not less than twenty-days’ prior notice from Landlord, execute, acknowledge and deliver to Landlord a statement in writing certifying this Lease is unmodified and is in full force and effect, and the dates to which the Rent has been paid, and stating whether or not to the best knowledge Landlord is in default under this Lease, and, if in default, specifying in reasonable detail each such default, and such other matters as Landlord may reasonably request, it being intended that any such statement delivered by Tenant may be relied upon by Landlord or any prospective purchaser of the fee or any prospective mortgagee or encumbrancer thereof.
If Landlord desires to refinance or transfer the Premises, then Tenant agrees to deliver to Landlord or any lender or transferee designated by Landlord such financial information concerning Tenant as may be reasonably required by such lender or transferee and is reasonably available to Tenant. All such financial information shall be received by Landlord in confidence.
22. SUBORDINATION. The rights of Tenant shall be and are subject and subordinate at all times to the lien of any mortgage now or hereafter in force against the Premises, and Tenant shall promptly execute and deliver such further instruments subordinating this Lease to the lien of any such mortgage as shall be requested by Landlord.
23. CONDEMNATION. In the event a condemnation or transfer in lieu thereof results in a taking of any substantial and/or material portion of the Premises, Landlord or Tenant may, upon written notice given to the other Party within thirty days after such taking or transfer in lieu thereof, terminate this Lease. In connection therewith, Landlord and Tenant acknowledge that:
a. Landlord (acting as the City of Morro Bay) possesses the power to take the Premises through eminent domain proceedings; and
b. The business to be conducted by Tenant upon the Premises is not a viable business without financial assistance from Landlord, therefore if Tenant must vacate the Premises, it will be extremely impractical, if not impossible, for Tenant to operate its business elsewhere.
Therefore, upon such termination Tenant shall have the right to claim and recover from Landlord and/or the condemning authority only the amount equal to the value of any improvements installed by Tenant. Tenant shall not receive any value related to the leasehold value of the property which shall be paid solely to Landlord.
01181.0005/903656.2 18
24. USE OF LANDLORD’S NAME. Tenant shall not use Landlord’s name for advertising or promotion without Landlord’s prior written consent, which may be granted or withheld in its sole discretion.
25. TRADE FIXTURES. Tenant has the right to use the Landlord’s personal property located on the Premises, but Tenant shall, at its own cost and expense, install and equip the Premises with all furniture, fixtures, trade fixtures, equipment and personal property reasonably required for the operation of Tenant’s business. Any and all fixtures and appurtenances installed by Tenant shall conform with the requirements of all applicable laws and regulations. All furniture, equipment, and trade fixtures installed by Tenant shall remain the property of Tenant during the Term of this Lease, but Tenant shall not remove any trade fixtures during the Term hereof without Landlord’s prior written consent, which may be provided by the City Manager on behalf of the Landlord, and which consent may be withheld or granted in Landlord’s sole discretion. On termination of this Lease, Tenant may, provided Tenant is not in default of this Lease, remove at its own expense all trade fixtures, equipment and its personal property. At termination of this Lease, if Tenant has left any merchandise, furniture, equipment, signs, trade fixtures or other personal property in the Premises, then Landlord may give Tenant written notice to remove such property. In the event such property is not removed within fifteen days after the date of said notice, Landlord may dispose of said property in any manner whatsoever and Tenant hereby waives any claim or right to said property or any proceeds derived from the sale thereof. Any damage to the Premises resulting from the installation or removal of any of said trade fixtures or equipment shall be repaired by Tenant at Tenant’s sole cost and expense.
26. QUIET ENJOYMENT. As long as Tenant is not in default under this Lease, Tenant shall have quiet enjoyment of the Premises during the Term.
27. HOLDOVER. Tenant has no right to retain possession of the Premises or any part thereof beyond the expiration or earlier termination of this Lease. Any holding over after the expiration of the term of this Lease, with the consent of Landlord, express or implied, shall be construed to be a tenancy from month to month, cancelable upon thirty-days’ written notice, and at a monthly Rent equal to two hundred percent of the Rent set forth in Section
3.1 and upon terms and conditions as existed during the last month of the Term.
28. NOTICE AND WAIVER REGARDING RELOCATION, GOODWILL, PROPERTY
INTEREST AND CONDEMNATION
28.1. Tenant knowingly and voluntarily acknowledges and agrees upon its vacation of the Premises at the end of the Lease term, upon the sooner termination thereof for any reason, or vacation, of the Premises under any circumstances, in no event shall Tenant be entitled or shall Landlord, including its employees, agents and assignees, be required to provide any relocation benefits, compensation for loss of goodwill, or assistance under any applicable federal, state, or local laws or regulations including without limitation, the Uniform Relocation Assistance Laws, California Government Code section 7260 et seq. Further, Tenant being fully informed of any and all of its rights and obligations and all laws and regulations (including without limitation, the Uniform Relocation Assistance Laws, California Government Code section 7260 et
01181.0005/903656.2 19
seq.) in connection therewith fully waives, releases and rejects any and all relocation assistance and benefits relating to or in any respect connected with Tenant vacating the Premises.
28.2. Tenant knowingly and voluntarily acknowledges and agrees upon its vacation of the Premises at the end of the Term, upon the sooner termination thereof for any reason, or vacation, of the Premises under any other circumstances, in no event shall Tenant be entitled or shall Landlord be required to provide any compensation or consideration to Tenant for the leasehold interest of Tenant, improvements pertaining to realty, personal property, fixtures and equipment, pre-condemnation damages, severance damages or interest and litigation expenses, whether based on condemnation, inverse condemnation or any other reason. Upon vacation of the Premises or termination of the Lease, Tenant knowingly waives and surrenders any claims or rights to the leasehold interest, improvements pertaining to realty, personal property, fixtures and equipment, pre-condemnation damages, severance damages or interest and litigation expenses.
29. MISCELLANEOUS.
29.1. Binding Effect; Choice of Law. This Lease shall be binding upon the Parties, their successors and assigns and be governed by the laws of the State of California. Any litigation between the Parties hereto concerning this Lease shall be initiated in the Superior Court of the State of California for the County.
29.2. Partial Invalidity. If any term, covenant, condition or provision of this Lease is held by a court of competent jurisdiction to be invalid, void, or unenforceable, then the remainder of the provisions hereof shall remain in full force and effect and shall in no way be affected, impaired or invalidated thereof.
29.3. Successors in Interest. The covenants herein contained shall, subject to the provisions as to assignment, apply to and bind the heirs, successors, executors, administrators and assigns of all the Parties hereto, and each and all, including the Party making the assignment, shall be jointly and severally liable hereunder.
29.4. No Oral Agreements. This Lease covers in full each and every agreement of every kind or nature whatsoever between the Parties hereto concerning this Lease, and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein, and there are no oral agreements. Tenant acknowledges no representations or warranties of any kind or nature not specifically set forth herein have been made by Landlord or its employees, agents or representatives.
29.5. Interest. Any sum due to Landlord under this Lease shall bear simple interest from and after its due date at a rate equal to ten percent per month until paid to Landlord, but not in excess of the maximum rate permitted by law.
29.6. Authority. Each individual executing this Lease on behalf of Tenant represents and warrants that he or she is duly authorized to execute and deliver this Lease on behalf of Tenant and that this Lease is binding upon Tenant in accordance with its terms.
01181.0005/903656.2 20
29.7. Time. Time is of the essence of this Lease.
29.8. Consistency. Each provision herein shall be interpreted so as to be consistent with every other provision.
29.9. Relationship of Parties. The relationship of the Parties is that of Landlord and Tenant, and it is expressly understood and agreed Landlord does not in any way or for any purpose become a partner of Tenant in the conduct of Tenant’s business or otherwise, or a joint venture with Tenant.
29.10. Non-Discrimination. Tenant herein covenants by and for Tenant, Tenant’s successors, heirs, executors, administrators and assigns, and all persons claiming under or through Tenant, and this Lease is made and accepted upon and subject to the following conditions: that there shall be no discrimination against or segregation of any person or group of persons, on account of race, color, creed, religion, sex, marital status, national origin, sexual preference or identity or ancestry, in the leasing, subleasing, transferring, use, occupancy, tenure or enjoyment of the Premises, nor shall the Tenant, or any person claiming under or through Tenant, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, Tenants, subtenants, subtenants or vendees of the Premises.
29.11. Non-Collusion. No official, officer, or employee of Landlord has any financial interest, direct or indirect, in this Lease, nor shall any official, officer, or employee of Landlord participate in any decision relating to this Agreement which may affect his/her financial interest or the financial interest of any corporation, partnership, or association in which (s)he is directly or indirectly interested, or in violation of any interest of any corporation, partnership, or association in which (s)he is directly or indirectly interested, or in violation of any State or municipal statute or regulation.
The determination of "financial interest" shall be consistent with State law and shall not include interest found to be "remote" or non interest pursuant to California Government Code Sections 1091 and 1091.5. Tenant represents and warrants that (i) it has not paid or given, and will not pay or give, to any third party including, but not limited to, Tenant or any of its officials, officers, or employees, any money, consideration, or other thing of value as a result or consequence of obtaining this Lease; and (ii) it has not engaged in any act(s), omission(s), or other conduct or collusion that would result in the payment of any money, consideration, or other thing of value to any third party including, but not limited to, any official, officer, or employee of Landlord, as a result or consequence of obtaining this Lease. Tenant is aware of and understands that any such act(s), omission(s) or other conduct resulting in the payment of money, consideration, or other thing of value will render this Lease void and of no force or effect.
29.12. Notices. Wherever in this Lease it shall be required or permitted that notice and demand be given or served by either Party to this Lease to or on the other, such notice or demand shall be given or served in writing and shall not be deemed to have been duly given or served unless in writing, and personally served or
01181.0005/903656.2 21
forwarded by certified mail, postage prepaid, addressed as specified below. Either Party may change the address set forth below by written notice by certified mail to the other. Any notice or demand given by certified mail shall be effective one (1) day subsequent to mailing.
Landlord: City of Morro Bay
Attn: City Manager
595 Harbor Street
Morro Bay, CA 94585
With a copy to: City of Morro Bay
Attn: City Attorney
595 Harbor Street
Morro Bay, CA 94585
Tenant: Let’s Get Tuned
Attn: Natalie Teichmann
2530 Nutmeg Ave, Morro Bay CA, 93443
29.13. Not an Offer. The submission of this Lease and any ancillary documents to Tenant shall not constitute an offer to lease, and Landlord shall have no obligation of any kind, express or implied, to lease the Premises to Tenant until Landlord has approved, executed and returned to Tenant a fully signed copy of this Lease.
29.14. Amendments. This Lease may be modified or amended only in writing executed by both Parties and approved by Landlord in accordance with applicable law.
29.15. Exhibits. Exhibit A is attached hereto and incorporated herein by reference.
29.16. Acknowledgement of Content. Each Party acknowledges they have read and fully understand the contents of this Lease and have had an opportunity to consult with an attorney regarding the same. This Lease represents the entire and integrated agreement between the Parties with respect to the subject matter hereof and supersedes all prior negotiations, representations or agreements, either written or oral.
01181.0005/903656.2 22
IN WITNESS WHEREOF, the Parties have duly executed this Lease on the day and year first above written in Morro Bay, California.
TENANT:
NATALIE TEICHMANN, dba LET’S
GET TUNED, a Limited Liability
Corporation
______________________________
__________________, 2025
__________________, 2025
LANDLORD:
CITY OF MORRO BAY,
a municipal corporation
By: ______________________________
Andrea Lueker, Interim City Manager
____________________, 2025
ATTEST:
____________________________
Dana Swanson, City Clerk
APPROVED AS TO FORM:
By: ______________________________
Robert Schultz, Interim City Attorney
July 3
01181.0005/903656.2
EXHIBIT A
DESCRIPTION AND DEPICTION OF PREMISES
The Premises consist of Space’s A & B and exclude the kitchen as depicted on the figure below. (APN: 066-321-027)
Prepared By: DS Dept Review: ______
City Manager Review: AKL City Attorney Review: RWS
Staff Report
TO: Honorable Mayor and City Council DATE: July 17, 2025 FROM: Rob Schultz, Interim City Attorney
SUBJECT: Discussion and Consideration of Adoption of Proposed Changes to the Council Policies & Procedures
RECOMMENDED ACTION
Review and discuss the proposed changes to the Council Policies & Procedures (“Policies”) as recommended by Mayor Wixom and staff, and consider adoption of Resolution No. 44-25 approving the revised Policies.
ALTERNATIVES
1. The Council may adopt Resolution No. 44-25 with minor changes, as deemed appropriate by a Council majority, or
2. The Council may direct further changes to be brought back for adoption at a future meeting.
FISCAL IMPACT
Newly proposed Section 2.3.1 provides that, upon request, each Council Member would be issued a City-owned cell phone to use solely for City business communications during their term of office. If approved, the estimated fiscal impact is approximately $480 - $560 per year for each Council Member who requests use of a City-owned cell phone. If all five Council Members chose to use a City-owned device, the estimated cost is $2,800 in the first year and $2,400 in subsequent years.
There is no fiscal impact associated with the other policy revisions.
BACKGROUND/ DISCUSSION
The Council Policies & Procedures were adopted in 2001 and have been reviewed and regularly updated to remain consistent with State law and best practices.
At its May 13 and May 27, 2025 regular meetings, the Council directed a review of Council Policies & Procedures and consideration of issuing City-owned cell phones to Council Members.
Mayor Wixom met with the Interim City Attorney and City Clerk on July 8th to review and develop proposed new and revised Policy language, provided as Attachment 1 for discussion and consideration
AGENDA NO: 9a
MEETING DATE: July 22, 2025
The following section outlines proposed updates to existing policies as well as newly developed language. These changes are intended to reflect current practices, address identified gaps, and ensure consistency with state law, including the Brown Act, Public Records Act and Political Reform Act. Each item below includes either revised wording or newly introduced language for consideration:
Section 1.2.7, Order of Business. It has been proposed to remove the Moment of Silence and establish time limits for announcements.
Section 1.3.6.7, Roll Call Votes. Returns to the previous and more common practice of calling the roll in the following manner: 1) maker of the motion, 2) member who seconded the motion, 3) additional council members in alphabetical order by last name, and 4) Mayor last.
Section 1.3.7.3, General Public Comment. At the discretion of the Mayor, limits General Public Comment at the beginning of the meeting to 30 minutes. General Public Comment would be reopened at the conclusion of all Public Hearing and Business Items for additional speakers wishing to speak to items not on the agenda. Section 1.5 AB 2449 Teleconferencing Regulations. Summarizes current State law requirements regarding remote participation in Brown Act meetings pursuant to AB 2449. Section 1.6 Public Use of Visual Aids at Meetings. Establishes a process for submission of visual aids by the public during public meetings to protect the City against computer viruses and potential display of inappropriate images. Section 2.3 Access to Communications/Technology Systems. Establishes a policy where, upon request, City-owned cell phones may be issued to elected officials and memorializes the City’s current practice of providing elected officials with laptops or iPads to use solely for City business communications during their term of office. Section 3.14 Issuance of Proclamations, Commendations, Special Recognition.
Establishes policy language regarding issuance and presentations of proclamations and other recognition with priority given to recognize individuals, groups, and events of significance to the Morro Bay community.
Sections 4.6 and 4.7, Social Media. Establishes policies and best practices for Council Member use of social media.
Section 5.6, Council Mail Handling. Memorializes current practice for the handling of Council Member mail and establishes a procedure for handling of private, personal or confidential mail.
Section 5.7, Council Conduct and Communications with the Public. Provides guidance for Council communications with the public.
Chapter Seven, Council Confidentiality Policy. Reinforces Brown Act requirements and prohibitions against disclosure of confidential information. Chapter Eight, Enforcement. Establishes procedures for the handling of reported policy violations and other misconduct by an elected official.
In addition to the primary updates outlined above, staff has identified several less substantive changes intended to improve clarity, consistency, and alignment with existing practices. These revisions do not materially alter the intent or application of the policies but are presented below for completeness and transparency:
Section 1.3 Meeting Procedures. Clarifying language added encouraging early feedback and questions to staff, prohibiting substitute motions, discouraging side conversations and the use of personal electronic devices during Council meetings, and formalizing the process for receiving hybrid public comment. Section 5.2 Guidelines for Council Members. Language added to guide appropriate interactions between Council Members and staff.
CONCLUSION
Staff recommends the City Council review the draft Council Policies & Procedures, discuss the proposed additions and edits, and consider the adoption of Resolution No. 44-25 readopting the Council Policies and Procedures. Once finalized, staff will incorporate relevant policy updates into the Advisory Bodies Handbook and bring that back for approval at a future meeting.
ATTACHMENT(S)
1. Draft Redline Council Policies & Procedures
2. Resolution No. 44-25
August 27, 2024 1
City of Morro Bay
Council Policies and
Procedures
SCOPE
This manual establishes the procedures for the conduct of all meetings of the City Council of the City of Morro Bay. The purpose of this manual is to provide City Council’s meeting will be consistent with the Brown Act (Government Code Sections 54950 et seq.), and to establish procedures, which will be convenient for the public, and contribute to the orderly conduct of the City’s business. The procedures herein are in addition to, and not in place of, Morro Bay Municipal Code (MBMC) 2.08 and any other applicable ordinances and statutes. In the event of conflict between this manual and applicable ordinances or statutes, the latter shall govern.
Adopted by the City Council
July 23, 2001, Resolution No. 47-01
Updated by the City Council
August 12, 2002, Resolution No. 46-02
November 13, 2003, Resolution No. 54-03
June 24, 2004, Resolution No. 37-04
November 14, 2005, Resolution No. 42-05
May 22, 2006, Resolution No. 23-06
May 14, 2007, Resolution No. 24-07
October 8, 2007, Resolution No. 50-07
November 10, 2008, Resolution No. 76-08
February 22, 2010, Resolution No. 11-10
June 14, 2010, Resolution No. 28-10
September 27, 2010, Resolution No. 46-10
January 25, 2011, Resolution No. 11-11
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December 11, 2012, Resolution No. 64-12
March 12, 2013, Resolution No. 19-13
November 12, 2013, Resolution No. 53-13
June 10, 2014, Resolution No. 36-14
August 25, 2015, Resolution No. 58-15
December 8, 2015, Resolution No. 74-15
May 10, 2016, Resolution No. 30-16
January 10, 2017, Resolution No. 01-17
August 22, 2017, Resolution No. 45-17
May 8, 2018, Resolution No. 26-18
January 22, 2019, Resolution No. 10-19
May 28, 2019, Resolution No. 39-19
December 10, 2019, Resolution No. 104-19
February 9, 2021, Resolution No. 08-21
January 9, 2024, Resolution No. 05-24
May 14, 2024, Resolution No. 27-24
August 27, 2024, Resolution No. 59-24
August 27, 2024 3
The above is to be readopted at the same time the policies are returned for adoption.
August 27, 2024 4
TABLE OF CONTENTS
PAGE
CHAPTER ONE: MEETING GUIDELINES & PROCEDURES
1.1 Meeting Schedule 5
1.2 Agenda 8
1.3 Meeting Procedures 11
1.4 Meeting Coverage
1.5 AB 2449 – Teleconferencing Regulations
1.6 Public Use of Visual Aids at Meetings
22 CHAPTER TWO: COUNCIL SALARY, BENEFITS AND REIMBURSEMENTS
2.1 Salaries for Mayor and Council Members 25
2.2 Retirement, Medical, Dental, Vision and Life Insurance
2.3 Access to Communications/Technology Systems
25 2.43 Professional Development 25
2.54 City Business and Mileage Reimbursement 26
2.65 General Procedures and Limitations 29
CHAPTER THREE: COUNCIL POWERS & APPOINTMENTS
3.1 Mayor – Power and Duties 31
3.2 Appointment of Mayor Pro Tempore 32
3.3 Filling Council Vacancies 32
3.4 General Powers of the Council 32
3.5 Administering Oaths: Subpoenas 33
3.6 Limitations 33
3.7 Method of Action by Council 33
3.8 Ordinances 33
3.9 Acceptance of Grants or Deeds 34
3.10 Legislative Action Program 34
3.11 Amicus Curiae Participation 34
3.12 Actions as Member of Another Legislative Body 34
3.13 Council Sub-Committees 34
CHAPTER FOUR: THE BROWN ACT AND E-MAIL
4.1 Application and Penalties 37
4.2 Major Provisions 37
4.3 Special Meetings 39
4.4 Emergency Meetings 39
4.5 Electronic Mail (e-mail), The Public Records Act and the Brown Act
4.6 Private Social Media and Digital Communications
4.7 Social Media and Brown Act Compliance
39 4.86 Other Provisions 41
CHAPTER FIVE: COUNCIL/STAFF RELATIONSHIPS AND CONDUCT
5.1 Intent 43
5.2 Guidelines for Council Members 43
5.3 Guidelines for Staff 44
5.4 Use of City Letterhead
5.5 Use of Public Resources
45 45
CHAPTER SIX: ADVISORY BOARD PROCEDURES
6.1 County or Regional Representation 47
August 27, 2024 5
6.2 Other Council Representation, Sub-committees 47
6.3 Role of Advisory Board Members at Council Meetings 47
6.4 Role of City Staff Persons 48
6.5 Appointment Procedures 49
6.6 Process
CHAPTER SEVEN: COUNCIL CONFIDENTIALITY POLICY
7.1 Purpose and Prohibition Against Disclosure
7.2 Public Censure for Unauthorized Disclosure
7.3 Definitions
CHAPTER EIGHT: COUNCIL CENSURE POLICY
8.1 Purpose of Censure Policy
8.2 Definitions
8.3 Censure Procedure
8.4 Discipline
49
August 27, 2024 6
CHAPTER ONE
MEETING GUIDELINES & PROCEDURES
1.1 MEETING SCHEDULE
1.1.1 MEETINGS OF COUNCIL
The Council shall provide by ordinance the time and place of holding meetings and the manner in which special meetings may be called. Public interest and convenience shall be primary considerations when decisions are made as to time, location and frequency.
Except as otherwise provided by law, all meetings of the Council shall be open to the public.
1.1.2 REGULAR MEETINGS
1.1.2.1 Regular meetings shall be held the second and fourth Tuesday of each month beginning at 5:30 p.m. In the event that a regular meeting of the Council shall fall on a legal holiday, that regular meeting shall be held at the same place and time on the next succeeding working day. A regular meeting can only be
cancelled after polling the majority of the Council in favor of the cancellation.
1.1.2.2 Regular meetings shall be held in the Veterans Memorial Building, 209 Surf Street, in the City of Morro Bay.
1.1.2.3 Regular meetings shall be between the hours of 5:30 p.m. – 9:30 p.m. It shall be the policy of the City Council to complete meetings by 9:30 p.m., unless a majority of the Council elects to continue past the adjournment hour. If at the hour of 9:30 p.m. the City Council has not extended the time to adjourn the meeting or concluded its business, then the Council will review the balance of the agenda and determine whether to extend the meeting beyond the hour of 9:30 p.m., continue any remaining items, or adjourn the meeting to another date and time.
1.1.2.4 A regular meeting may be canceled by a majority vote of the Council.
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1.1.3 STUDY SESSIONS (Open to the public)
1.1.3.1 The purpose of these meetings shall be for informal discussions between staff, advisory bodies or consultants, the public, and the City Council regarding specific programs, projects or policies.
Council may provide direction, but no formal action will be taken during a Study Session. Study Sessions may be conducted in a variety of formats, including Public Workshops.
1.1.3.2 Study Sessions will be held at a time and place within the City limits and convenient to Council and advantageous for public participation.
1.1.4 SPECIAL MEETINGS
1.1.4.1 Special meetings may be called by the Mayor or three City Council Members. Written notice of each special meeting must be given not less than twenty-four (24) hours before such meeting to each Member of the City Council not joining the call.
Special meetings may be cancelled only by consent of a majority of the members of the Council not less than 24 hours before the date of the special meeting. Notice of such cancellation shall be given to all Council Members and written notice shall be posted for the public not less than 24 hours before the meeting.
1.1.4.2 Written notice must be given to the City Council and to the media twenty-four hours prior to each meeting, when requested.
1.1.4.3 A supplemental telephone call shall be made if necessary to notify each Council Member.
1.1.4.4 No business other than that announced shall be discussed.
1.1.4.5 Any special meeting held at a place other than the Veterans Memorial Building shall be open to the public. Such meetings shall be held within the City limits. Notice requirements of the Brown Act shall be complied with for any such meetings; regular minutes shall be taken by the City Clerk and shall be available for public inspection
August 27, 2024 8
1.1.5 CLOSED SESSION MEETINGS (closed to the public)
1.1.5.1 Closed Session Meetings may be called by the Mayor or three City Council Members and are regulated pursuant to the Brown Act. The most common purpose of a closed session is to avoid revealing confidential information that may, in specified circumstances, prejudice the legal or negotiating position of the City or compromise the privacy interests of employees. Closed sessions should be conducted keeping those narrow purposes in mind.
1.1.5.2 No Council Member, employee of the City, or anyone else present shall disclose to any person the content or substance of any discussion which takes place in a closed session, unless authorized by a majority vote of the Council.
1.1.6 DESIGNATION AND USE OF COUNCIL CHAMBERS
1.1.5.1 The Veterans Memorial Building shall be designated as the City’s Council Chambers.
1.1.5.2 When a question arises regarding permission for any group to use the Council Chambers, the City Manager shall have
authority to make the final decision. The following rules are established as a guide:
a. Use of the Council Chamber for regular meetings by City commissions, committees, and other advisory bodies
shall take precedence over any other group or agency. To the extent possible, special meetings will be scheduled around other regularly scheduled non-City uses. In the
event of a conflict, the City will give priority to
rescheduling or relocating any use displaced by a Cityrelated use. b. Council chambers is available for other use on a firstcome-first-serve basis, after City, City-affiliated and other regular uses are scheduled.
c. With the approval of the City Manager, and within the provisions of existing video production agreements, other local governmental agencies may use the Council
Chamber for the purpose of live or video cablecasting
public hearings and/or public meetings during regular or non-business hours.
August 27, 2024 9
1.2 AGENDA
1.2.1 ESTABLISHING THE COUNCIL AGENDA
The purpose of the agenda is to provide a framework within which Council meetings can be conducted and to effectively implement the approved Council Goals, Financial Plan and Budget, and also work programs, objectives, and business of the City as established by the present or earlier City Councils. Agenda items also include recommendations to the City Council from advisory bodies, land use and zoning actions or appeals, bid and purchasing procedures, and mandates from other levels of government. Staff shall work within the policy context established by the Council and will not arbitrarily place matters on the agenda that are outside the scope of existing work programs of the City, except as approved by the Mayor or a majority of the Council, and to inform and advise the Council of matters necessary to the proper operation and well-being of the City. a. Tentative Council Meeting Agenda - Every effort will be made to provide it to the City Council and staff before the close of business on the second Friday prior to the Council meeting.
b. The full agenda packet for regular meetings of the City Council and all City Advisory Boards will be published a minimum of 120 hours (or five calendar days) prior to the meeting. Agenda packets for special meetings will be published a minimum of 48 hours (or two calendar days) prior to the meeting.
The process for determining the format and order of the agenda is based primarily on the order of business adopted by the City Council (see Section 1.2.7). The process for establishing the order of specific business and public hearing items is a collaborative one determined largely by anticipated public attendance (those matters involving greater audience attendance are usually scheduled ahead of other items). The City Manager shall meet with department heads on a regular basis, individually and as a group to discuss issues and to review upcoming agenda items.
In addition, the City Manager shall review the agenda materials with the Mayor, or in the Mayor’s absence, the Mayor Pro Tempore. The final agenda is set subject to the approval of the Mayor (or Mayor Pro Tempore), after consultation with the City Manager.
1.2.2 PLACING AN ITEM ON THE AGENDA (COUNCIL MEMBER)
Any Council Member may request an item be placed on a future agenda by submitting a request, orally or in writing, to consider the matter and by discussing the request during the “Declaration of Future Agenda Items” section of the regular agenda. If a majority of the Council approves including that matter on an upcoming agenda, then staff will prepare a staff report, as determined by the City Manager, unless otherwise directed by the Council.
August 27, 2024 10
If only one other Council Member supports hearing the item, then an item will be listed on the next available agenda, as determined by the City Manager, unless otherwise directed by the Council. The Council Member who made the request for the agenda item shall be responsible for providing the Council report and the Council will take no action on the substance of the matter at that review, unless there is adequate public notice, and information is provided for the Council to make an informed decision. If no other Council Member supports hearing the item, then the item will not be placed on the agenda.
Pursuant to Section 1.2, the Mayor is responsible for establishing the Agenda and may place an item on the agenda without Council support. In such a situation, the Mayor, or Council Member who the Mayor is accommodating, shall be responsible for providing a Mayor or Council Report.
The Council has an approved strategic planning process to set the City’s annual goals, objectives and action plans. In order to ensure that City staff has sufficient time and resources to accomplish these established priorities, adding future items to the workplan during the year is discouraged. Exceptions are warranted should unforeseen events occur that threaten the health, safety or financial wellbeing of the City and Council action is required. Should new items be recommended that are not part of the City Goal and Action Item plan nor meet the exception noted, the City Manager has the discretion to request that an action item be removed to allow sufficient time to address the added item.
1.2.3 PLACING AN ITEM ON THE AGENDA (ADVISORY BODIES)
Recommendations made by advisory bodies, as part of their normal scope of duties and responsibilities, shall be timely placed on the City Council agenda by staff, who shall comply with the City’s approved Council Agenda Preparation Policy. In the event an advisory body desires to bring a matter of special consideration to the City Council (new ideas or concerns, for example), it may request an item be placed on a future agenda by submitting a written request to the Council approved by a majority of the advisory body members and signed by the Chair. During Declaration of Future Agenda Items, any member of the Council may ask for consideration of the request and upon a majority of Council, a staff report will be prepared and approved by the City Manager or his/her designee.
1.2.4 PLACING AN ITEM ON THE AGENDA (THE PUBLIC)
A member of the public may request an item be placed on a future agenda during the Public Comment period at the beginning of every Council meeting, or via other communication with Council Members. Any Member of the Council may ask for consideration of that request pursuant to those procedures set out in 1.2.2.
1.2.5 EMERGENCY ITEMS
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Emergency items may be placed on the agenda only in accordance with the Brown Act. Generally, only those matters affecting public health or safety may be considered emergency in nature. A four-fifth’s vote of Council is necessary to add an emergency item.
1.2.6 RECONSIDERATION
Reconsideration of issues previously acted upon is discouraged. However, in extraordinary situations, a request to reconsider an action taken by the City Council may be considered. The request must be presented by a Council Member who voted with the majority at the Council meeting at which the original vote was taken. The vote may be reconsidered during that meeting, but no later than the next Council meeting. Debate is limited to the question of whether there is a majority of the Council interested in reconsidering the matter. If a majority of the Council votes to reconsider an action, then the matter can be heard at that same meeting or placed on the next or future agenda, as directed by the Council. Notwithstanding the foregoing, as a governmental legislative body, the Council reserves the right to consider or reconsider any matter within its jurisdiction that a majority of the Council deems appropriate, particularly if new information becomes available or circumstances change.
1.2.7 ORDER OF BUSINESS shall be as follows:
1.2.7.1 Establish Quorum and Call to Order
1.2.7.2 Moment of Silence
1.2.7.23 Pledge of Allegiance
1.2.7.4 Recognition (Certificates of Appreciation or other forms of recognition for residents and staff)
1.2.7.35 Closed Session Report
1.2.7.46 Mayor and Council Members Reports, Announcements and Presentations (less than 3 minutes each)*
1.2.7.57 City Manager Reports, Announcements and Presentations (City Manager, Director and Advisory Board Reports) (less than 5 minutes)
1.2.7.68 Subcommittee Reports (Brief verbal update of Current Subcommittee Activities)
1.2.7.79 Recognition and Presentations (Certificates of Appreciation, Proclamations and Public Presentations)
1.2.7.810 Public Comment (generally for items not on the agenda)
1.2.7.911 Consent Agenda
1.2.7.102 Public Hearings
1.2.7.113 Business Items
1.2.7.124 Council Declaration of Future Agenda Items
1.2.7.135 Adjournment
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*Intended for reporting back to the full Council and the public on items, issues or meetings associated with other Council duties, e.g., assignments to other official bodies, attendance at League of California Cities meetings, etc.
1.2.8 NOTIFICATION AND ADVERTISING
The City will advertise all matters of significant neighborhood or community public interest that appear on a City Council or Planning Commission agenda where advertising is required by law. Said advertisements shall include location maps, project descriptions and posting of property, if required, written in plain English in order to fully inform all interested individuals. Similar information will appear on the City’s website.
All advertising shall be accomplished in an economical manner. All affidavits of publication will be available to interested members of the public.
1.3 MEETING PROCEDURES
1.3.1 PRESIDING OFFICER
1.3.1.1 The Mayor is the Presiding Officer and acts as Chair at Council meetings.
1.3.1.2 In the absence or incapacity of the Mayor, the Mayor Pro Tempore will serve as Presiding Officer.
1.3.1.3 In the absence of both the Mayor and Mayor Pro Tempore, a majority of the quorum shall select one of the Council Members present to act as Chair for the meeting.
1.3.1.4 Seating arrangement of the Council:
The Mayor shall establish seating arrangements for regular Council meetings.
1.3.1.5 Signing of City Documents:
The Mayor, unless unavailable, shall sign all ordinances, resolutions, contracts and other documents which have been adopted by the City Council and require an official signature, except where the City Manager, or other designee, has been authorized by Council to sign documents. In the event the Mayor is unavailable, the Mayor Pro Tempore’s signature may be used.
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1.3.2 QUORUM
A majority of the Council Members shall constitute a quorum for the transaction of business.
1.3.3 DISCUSSION RULES
1.3.3.1 Procedure Order
For discussion of items on the agenda, the following order is followed:
a) Presentation of the Staff Report
b) Council Member Questions
c) Public Comments
d) Council Member Discussion/Decision and Motion(s)
1.3.3.2 Obtaining the floor:
1.3.3.2.1 A City Council Member or staff shall first address the Presiding Officer and gain recognition, or the
Presiding Officer may call upon Council Members to
ask if they desire to ask questions or provide
comments.
1.3.3.2.2 Comments and questions shall be limited to the issue before Council.
1.3.3.2.3 Cross-exchange between Council Members and
public should be avoided.
1.3.3.3 Questions to Staff:
Council Members should attempt to communicate questions, corrections, and/or clarifications about reports requiring official action to staff prior to Council meetings. Early feedback will enable staff to address Council questions and incorporate minor corrections or changes to a Council report, resulting in a more efficient Council meeting discussion; however, this does not preclude Council Members from asking questions at Council Meetings.
A Council Member shall, after recognition by the Presiding Officer, address questions to the designated staff member.
Questions shall be limited to the specific agenda item being considered. Council Members are encouraged to provide
questions to staff prior to meetings.
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1.3.3.4 Interruptions:
1.3.3.4.1 Once recognized, a Council Member shall not be interrupted while speaking except to make a point of
order or personal privilege.
1.3.3.4.2 If a Council Member is called to order while
speaking, then the individual shall cease speaking
until the question of order is determined.
1.3.3.4.3 Upon being recognized by the Mayor, members of staff shall hold the floor until completion of their
remarks or until recognition is withdrawn by the
Presiding Officer.
1.3.3.5 Limitation on Discussion:
No Council Member shall speak more than once on a particular subject until every other Council Member has had the opportunity to speak. Council Members should discuss items during the decision-making process as opposed to during Council Member questions.
1.3.3.6 Tabling Procedure:
The purpose of the Motion to Lay on the Table also known as a Motion to Table is to enable the City Council, by majority vote and without debate, to lay a pending question aside temporarily when something else of immediate urgency has arisen or when something else needs to be addressed before consideration of the pending question is resumed. The Motion shall not be used to cut off debate and shall only be used when it is necessary to suspend consideration of a main motion as per the reasons mentioned above.
1.3.3.7 Motion to Amend and Substitute Motion:
A motion to amend that seeks to modify the original motion is allowed. A substitute motion that proposes to replace an entire pending motion with a new one that deals with the same subject matter is not allowed.
1.3.3.78 Right of Protest:
A Council Member is never required to state reasons for dissent, but is encouraged to for purposes of public/Council discernment.
1.3.3.89 Rules of Procedure:
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Morro Bay Municipal Code Section 2.08.100 provides the
proceedings of the Council shall be governed by Robert’s Rules of Order, revised edition.
1.3.3.9 Council Minutes:
If a Council Member wishes a stated opinion to be entered in the minutes, then he/she should precede the statement with "for the record," or request the City Clerk to enter it into the record following the statement.
1.3.4 PARLIAMENTARY PROCEDURE
Parliamentary procedure consists of those rules in effect according to City Council policy (State law and Robert's Rules, to the extent applicable to a public legislative body). The following summarizes the most frequently used actions.
1.3.4.1 Council Members and staff shall:
1.3.4.1.1 Work earnestly to preserve appropriate order and decorum during all meetings.
1.3.4.1.2 Discourage Sside conversations, disruptions,
interruptions or delaying efforts are discouraged.
1.3.4.1.3 Limit the use of personal electronic devices to urgent personal matters while seated at the dais during
Council meetings.
1.3.4.2 Members of the public and/or Council Members demonstrating rude, boisterous, or profane behavior will be called to order by the Presiding Officer. If such conduct continues, then the Presiding Officer may call a recess, request the removal of such person(s) from the Council Chamber, adjourn the meeting, or take such other appropriate action as permitted by the Brown Act.
1.3.4.3 Only the City Council, staff, Designated Representatives, and those authorized by the Presiding Officer shall be permitted to sit at the Council or staff tables.
1.3.4.4 Enforcement of order:
1.3.4.4.1 The Police Chief or his/her designee shall act as the Sergeant-at-Arms.
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1.3.4.4.2 Any Council Member may request the Presiding
Officer to enforce the rules of protocol. Upon motion
and majority vote, the Presiding Officer shall be
required to do so.
1.3.5 BEHAVIOR AND CIVIL DISCOURSE POLICY
The City encourages the willingness to speak up and to listen within a framework of respect and understanding. Toward that end, the Council has adopted Resolution No. 07-19, a Resolution of the City Council of the City of Morro Bay, California, Pledging to Follow Best Practices of Civility and Civil Discourse in All of Its Meetings, both on the part of any public comment as well as any comments from the members of the City Council. Those principles were crafted by the League of Women Voters of San Luis Obispo County, and are memorialized on Page 7 of this document.
1.3.6 VOTING PROCEDURES
1.3.6.1 If a Council Member, who is present at a meeting and not precluded from voting due to a conflict of interest abstains, that abstention will be construed as a vote on the prevailing side. If there is a tie vote, not counting the Council Member who abstained, then there is no prevailing side.
1.3.6.2 No ordinance, resolution or motion shall be passed or become effective without receiving the affirmative vote of at least three non-abstaining Council Members.
1.3.6.3 A conflict of interest shall be declared whenever appropriate and in compliance with State law and the Council Member will disclose the nature of the conflict of interest, step down and shall not make, participate in making, or influence the decision.
1.3.6.4 A vote may not be changed by a Council Member after the vote announcement by the Presiding Officer or City Clerk; provided, that with the consent of the City Council a correction of the vote may be made.
1.3.6.5 If required for Council or public clarification, tThe City Clerk shall restate the motion prior to the vote or request the Presiding Officer to restate the motion, if required for Council or public clarification.
1.3.6.6 Voice voting is the preferred method for recording Council votes.
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1.3.6.7 A roll call vote may be taken at the discretion of the Presiding Officer. The City Clerk will call the roll for the roll call vote in the following manner: 1) Council Members in alphabetical order by last nameMaker of the motion; 2) Mayor Pro TemMember who seconded the motion; 3) Additional Council Members in alphabetical order by last name; and, 3) Mayor last. The City Clerk shall state for the record the name of any Council Member who is recused or has abstained.
1.3.6.8 General consent votes may be taken at the discretion of the Presiding Officer, if there are no negative votes or objections by Council Members.
1.3.6.9 Upon the request of any Council Member, the ayes and noes shall be taken and recorded on any vote.
1.3.6.10 The ayes and noes shall be taken upon the passage of all ordinances and resolutions and entered upon the journal of the proceedings of the Council.
1.3.6.11 Following the vote, the Presiding Officer or City Clerk shall announce whether the questions have been carried or defeated.
1.3.6.12 Tie votes: If a tie vote occurs, then the Council is required to continue the item by majority vote or make motions until an action receives three affirmative votes.
1.3.6.13 The Presiding Officer may publicly explain the effect of the vote for the audience or may direct a member of the staff to do so.
1.3.7 PUBLIC COMMENT (WRITTEN AND ORAL)
Members of the public may address the City Council in a variety of ways. Written comments on agenda items are encouraged. As a courtesy to the Council, citizens are encouraged to present written comments at least one day prior to the meeting.
Comments may be hand-written or submitted via email to
[email protected]. This provides the Council with a greater opportunity to review and consider issues and/or concerns expressed in written communications prior to a meeting. Comments received before 10:00 a.m. on the day of the meeting will be distributed to City Council Members and published on the City website.
Written material distributed at the meeting will be made a part of the public record.
If the material is too voluminous for Council to review during the meeting or is new material not previously considered, then Council may at its discretion continue the item to a future meeting. The following are guidelines for providing public comments:
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1.3.7.1 During Public Comment period, at the beginning of every meeting, members of the public may address the City Council on items that are not on the printed agenda or that are on the agenda when the individual cannot be present when the item is considered per the agenda. For Consent Items, Public Hearing Items, and Business Items, the Presiding Officer will invite comments from the public in support of, or in opposition to each specific Agenda Item following the staff report and any questions from Council to Staff. Those individuals desiring to speak may be asked to fill out a speaker’s slip, but a speaker cannot be required to fill out a speaker’s slip. They are located on the table at the entrance to the Council Chambers (Veterans Hall).
1.3.7.2 For all hybrid (in-person and via teleconference) meetings, those requesting to speak in-person will be called first, then those requesting to speak via teleconference will be called. All requests to speak should be submitted prior to the start of the Public Comment period.
1.3.7.3 At the discretion of the Mayor or Presiding Officer, General Public Comment at the beginning of the meeting may be limited to 30 minutes. After that, General Public Comment will be reopened at the conclusion of all Business Items for any remaining speakers wishing to speak to items not on the agenda.
1.3.7.42 Individuals desiring to speak shall:
1.3.7.42.1 Address the Council from the podium after giving name and City of residence. Speakers may decline to
provide their name if so desired. Speakers shall direct their comments to the Council, not the audience.
1.3.7.42.2 Limit comments to three minutes or to the interval specified by the Presiding Officer. To provide an
opportunity for all to speak during a meeting, the
maximum time permitted for each speaker to speak
on a particular matter may be reduced by the
Presiding Officer when a large number of speakers
wish to address the Council on that matter. The
Presiding Officer, with the majority of Council
Members, may reopen the public comment period to
hear additional public comment. Council Members
may ask questions of anyone present without
reopening the public comment period. Speakers
may speak only once on a given issue and may not
cede their time to another speaker.
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1.3.7.42.3 Each person addressing the City Council shall do so in an orderly manner. and the Council respectfully
requests that speakers refrain from making
repetitious, slanderous or irrelevant remarks, or
engaging in any other disorderly conduct which
disrupts, disturbs, or otherwise impedes the orderly
conduct of the Council meeting. Any person who so
disrupts the meeting may, at the discretion of the
Presiding Officer or a majority of the City Council
present, be subject to ejection from that meeting.
1.3.7.42.4 Persons addressing the Council shall address the Council as a whole and shall not engage in a dialogue
with individual Council Members, City staff or
members of the audience. No questions shall be
asked of a Council Member or a member of City staff
without first obtaining permission of the Presiding
Officer. The Presiding Officer shall determine
whether, or in what manner, an answer will be
provided. Any person violating this rule while
addressing the Council shall be called to order by the
Presiding Officer.
1.3.7.53 Except as otherwise permitted by the Brown Act, action may not be taken on issues not listed on the agenda. Staff may be asked to follow-up on such items.
1.3.7.64 Council Members actions
1.3.7.64.1 Council Members may question the person
addressing the Council at the conclusion of the
person’s comments or upon expiration of the
person’s time to speak.
1.3.7.64.2 Council Members shall not engage the person
addressing the Council in a dialogue with the City
Council or City staff but shall confine
communication to a question and answer format
conducted through the Presiding Officer.
1.3.7.64.3 If a member of the audience has addressed the Council on matters which are not on the agenda,
then Council Members shall refrain from extended
discussion of the matter. If a Council Member so
wishes, then the Council Member may seek to have
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the City Manager place the matter on the next
agenda in accordance with this policy.
1.3.7.75 Upon violation of the rules of order and decorum established in Section 1.3.2 – 1.3.7 of this manual, the procedure to enforce the rule shall be as follows:
1.3.7.75.1 Warning: The Presiding Officer shall request a person who is violating the rules of decorum cease
such conduct. If, after receiving a warning from the
Presiding Officer, the person persists in disturbing
the meeting, the Mayor shall order the person to
leave the City Council meeting. If the person does
not leave the meeting, then the Presiding Officer may
order any law enforcement officer who is on duty at
the City Council meeting as sergeant-at-arms to
remove the person from the City Council chambers.
1.3.7.75.2 Removal: Any law enforcement officer who is
serving as sergeant-at-arms at the City Council
meeting shall carry out the orders and instructions
given by the Presiding Officer for the purpose of
maintaining order and decorum. Upon instruction of
the Presiding Officer, it shall be the duty of the
sergeant-at-arms to remove from the City Council
meeting any person who is disturbing the
proceedings of the City Council.
1.3.7.75.3 Resisting Removal: Any person who resists removal by the sergeant-at-arms may be charged with a
violation of the rules of order and decorum, as well
as any other applicable ordinance or law.
1.3.7.75.4 Motion to Enforce: If the Presiding Officer fails to enforce the rules of order and decorum set forth in
Section 1.3.2 – 1.3.7, then any Member of the City
Council may move to require the Presiding Officer
to do so, and an affirmative vote of a majority of the
City Council shall require the Presiding Officer to do
so. An affirmative vote of a majority of the Council
may appeal to the entire Council the ruling of the
Presiding Officer that a person be removed from the
meeting, in which event the decision of the Council
majority shall govern and conclusively determine
such question. If the Presiding Officer fails to carry
out the will of the majority of the City Council, then
the majority may designate another Member of the
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City Council to act as the Presiding Officer for the
limited purpose of enforcing the rules of order and
decorum established in Section 1.3.2 - 1.3.7.
1.3.7.75.5 Clearing the Room: If a meeting of the City Council is disturbed or disrupted in such a manner as to make
infeasible or improbable the restoration of order, then the Presiding Officer or a majority of the City
Council may exercise the authority granted in the
California Government Code section 54957.9 by
ordering the meeting room cleared and continuing in
session in the manner authorized by Section 54957.9
of the Government Code.
1.3.8 CONSENT ITEMS
Consent Items are the first items on the agenda. Only items that are routine, relate to implementation of approved budget items or to City operations, or are items to be later set for public hearing are to be placed on the Consent Agenda. Items of significant neighborhood or community public interest should be heard as a Public Hearing or Business Item, and not placed on the Consent Agenda.
1.3.8.1 Minor Questions. A Council Member may ask questions on any item without it being pulled from the Consent Agenda. When a Council Member has a minor question for clarification
concerning a Consent Item that will not involve extended discussion, the item may be pulled for clarification at the beginning of the meeting and the questions will be addressed along with the rest of the Consent Agenda. There should be no objections at this time. Council Members are encouraged to seek clarifications prior to the meeting (whenever possible).
1.3.8.2 No Vote. When a Council Member wishes to pull an item simply to register a dissenting vote, a request should be made that the item be pulled for separate vote without discussion.
Such items will also be handled at the beginning of the meeting along with the rest of the Consent Agenda.
1.3.8.3 Any item may be pulled by a Council Member for discussion.
A member of the public may request the Council to pull an item for discussion during the initial public comment period, but the discretion to pull that item will remain with the Council.
1.3.8.4 Pulled items shall be heard at the close of the Consent Agenda, unless a majority of the Council chooses another time.
1.3.9 NOTICED PUBLIC HEARINGS
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During the pendency of any Public Hearing that is a quasi-judicial proceeding, no Council Member or Planning Commissioner shall engage in an ex parte communication with any “Interested Party” who intends to influence the decision of the Council or Commission in a proceeding, unless the Council Member or Commissioner discloses the ex parte communication on the Council or Commission’s record. “Interested Party” means any individual with an interest in the quasi-judicial proceeding that is greater than the general interest of the public as a whole. The term includes, but is not limited to, parties involved in the proceeding, parties that may be significantly affected by the decision, and nonprofit or public interest organizations and associations with a special interest in the matter regulated. A member of the public at large who expresses a casual or general opinion about a pending proceeding would not necessarily be an "Interested Party." Matters, which are required to be heard in a noticed Public Hearing, shall be conducted in the following manner:
1.3.9.1 Time for Consideration: Matters noticed to be heard by the City Council shall commence in the order provided in the agenda.
Public hearings are the first order of business following the Consent Calendar.
1.3.9.2 Continuance of Hearing: Any hearing being held or noticed or ordered to be held by the City Council may, by order or notice of continuance, be continued or re-continued to any subsequent meeting.
1.3.9.3 Conduct of Hearings: When a matter for Public Hearing comes before the City Council, the Presiding Officer may:
1.3.9.3.1 Call for a report on noticing from the City Clerk.
1.3.9.3.2 Call for a report on written communications received by the City pertaining to the item being heard.
1.3.9.3.3 Request that staff present the staff report and any other relevant evidence. Presentation of the staff
report prior to the formal opening of the Public
Hearing shall not prevent its consideration as
evidence. Any such evidence shall be made a part of
the record of the Public Hearing.
The Presiding Officer shall then recognize the applicants, appellants and their representatives in the cause, who shall be permitted to speak first during the public comment portion of the applicable matter for not more than 10 minutes, or the time allowed by the Presiding Officer, to present evidence related to
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the matter under consideration. The applicants, appellants and their representatives shall address the Council from the lectern after giving their names and the names of the
applicants/appellants they are representing, if different.
The Presiding Officer shall then recognize members of the public. No person may speak without first being recognized by the Presiding Officer. City Council Members who wish to ask questions of the speakers or each other during the Public Hearing may do so. Council Members should be mindful the purpose of the Public Hearing is to obtain testimony, and not to debate the merits of the item under consideration. Council Members should avoid debate and expressions of personal opinion until after the close of the public testimony portion of the Public Hearing. The Presiding Officer shall conduct the hearing in such a manner as to afford due process to all affected persons. For Public Hearings, when 10 or more members of the public desire to speak, the Presiding Officer may request speaker slips to be completed and delivered to the Clerk before the item is considered. Comments shall then be allowed first by those submitting a slip and in the order received by the Presiding Officer. Comments from the public shall be limited to three minutes per speaker for Public Hearings, unless the City Council affirmatively decides otherwise. For Public Hearings that have the potential to be appealed to the California Coastal
Commission, members of the public who desire to receive notice of any further proceedings shall write their name and address on the interested parties list at the back of the room.
The Presiding Officer shall then close the public testimony portion of the Public Hearing. After the public testimony portion of the Public Hearing is closed, no member of the public shall be permitted to address the Council or the staff, except at the discretion of the Presiding Officer or the majority of the Council. Council Members may still, however, ask questions of staff or members of the public. Upon conclusion of Council deliberations and immediately prior to a motion, the Presiding Officer shall formally close the public hearing, which can be accomplished by the Presiding Officer declaring the matter is being brought back to the Council for discussion or other manner to clearly indicate the hearing portion of the matter has concluded. Upon formal closing of the public hearing, no additional public testimony shall be solicited or received without reopening the hearing.
1.3.9.4 Evidence. All persons interested in the matter being heard by the City Council shall be entitled to submit written evidence or
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remarks, as well as other graphic evidence. All such evidence presented shall be retained by the City Clerk or appropriate City department, as part of the official record of the proceeding. Prior to declaring the public hearing open, the Presiding Officer may establish a time limit for the entire public hearing and establish time limits for the presentation of each individual speaker.
1.3.10 BUSINESS ITEMS
Business Items follow Consent Items and Public Hearings (if any) on the agenda.
Business Items can include new matters or matters continued from one or more earlier meetings. Opportunity for public comment as discussed in Section 1.3.7, above, will be provided for each Business Item.
1.4 MEETING COVERAGE
The purpose of cablecasting meetings of the Morro Bay City Council is to enhance the awareness and education of the general public regarding the actions and deliberations of the City Council.
1.4.1 Coverage of City Council meetings shall be gavel-to-gavel; whether presented to the public live or taped, Council coverage is not to be edited or subjected to editorial comment.
1.4.2 All City Council meetings shall be cablecast or taped for broadcast, except for meetings or portions of meetings which are closed to the public, or when the majority of the Council directs otherwise.
1.4.3 Cameras used for the gavel-to-gavel coverage shall be operated only by City employees, firms, or persons authorized by the City.
1.4.4 Cameras shall be operated so that they are primarily focused on the officially recognized speaker, and on any visually displayed information they may be showing.
1.4.5 “Reaction” shots will not be permitted.
1.4.6 The City Clerk’s action minutes shall remain the official record of Council proceedings. Other recordings are for convenience and occasionally used when a verbatim transcript is required in legal proceedings. Audio recordings have a 2-year retention and video recordings have a 10-year retention. Meeting minutes are permanent.
1.4.7 As soon as reasonably possible following each Council meeting, but not later than the second regular meeting after, the City Clerk shall include a copy of the minutes, thereof, as a Consent Item for the agenda of a regular Council meeting.
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1.5 AB 2449 – TELECONFERENCING REGULATIONS
1.5.1 Quorum Requirement. A quorum of the Council (three members) must participate at a singular physical meeting location identified on the agenda, which must be within the city limits and open to the public. This means that no more than two Council Members may utilize traditional or AB 2449 teleconference provisions at one meeting. If fewer than three members could not be physically present at the beginning of a meeting, the meeting shall not be called to order.
1.5.2 Limitations on Use. Council Members may participate remotely under AB 2449 a limited number of times per year, depending on which exception was selected, “Just Cause” or “Emergency Circumstances.”
1.5.2.1 Just Cause Exception. This exception may be used in cases of caregiving for a dependent, contagious illness, need related to a physical or mental disability, or official government travel (limited to two per calendar year)
1.5.2.2 Emergency Circumstances Exception. This exception may be used in cases of a physical or family medical emergency that prevents a Council Member from attending in person. Capped at 20% of the regular meetings within a calendar year or (four (4) City of Morro Bay Council meetings per year).
1.5.3 Each agenda must describe how members of the public may observe or attend the meeting and offer public comment, including a way to attend via teleconference platform. Members of the public must be allowed to make public comments in real time (in-person or through teleconference) during all allotted public comment periods.
1.5.4 Council Members wishing to attend via teleconference must make a request to the Council at the earliest possible opportunity, up to and including at the start of a meeting. Under the Emergency Circumstances Exception, the Council must act by majority vote during the meeting, to approve or deny the request.
1.5.5 Council Members must also provide a “general description” of the circumstances relating to the member’s need to participate remotely, which need not be more than 20 words or disclose any personal medical information.
1.5.6 Council Members must disclose, before any action is taken, whether any individuals 18 years of age or older are present in the room at the remote location, and the general nature of the member’s relationship with the
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individual. This disclosure must take place during the meeting itself, even if the notification and description were given in advance.
1.5.7 Council Members participating remotely must participate through both audio and visual technology.
1.5.8 All votes taken at a meeting where a Council Member attends by teleconference, under the provisions of AB 2449, must be taken by roll call vote.
1.5.9 Meeting proceedings must be suspended in the event of a disruption that prevents the transmittal of meeting video and audio to the public, or prevents the receipt of public comment on the teleconference platform, until meeting audio and video service are restored.
1.6 PUBLIC USE OF VISUAL AIDS AT COUNCIL MEETINGS
Members of the public who desire to utilize electronic visual aids to supplement their oral presentations are encouraged to provide display-ready material to the City Clerk by 12;00 noon on the day of the meeting. No data provided to the City Clerk later than 12:00 noon will be accepted. Staff may recommend that the presenter produce hard copies of their materials and present the copies to Council during their presentation.
1.6.1 Electronic presentations must be provided in a format that can be read on a standard computer running Microsoft Windows or Microsoft Office.
1.6.2 Upon receipt, the City Clerk will promptly transmit electronic visual aids to the City’s Information Technology Division for a determination as to whether the material is free of viruses.
1.6.3 Staff shall preload and queue the electronic visual aid in the City’s media system and display it when the public member is called upon to speak.
1.6.4 Members of the public shall not be permitted to connect equipment, devices, or storage media directly to the City’s computer system during a live Council meeting.
1.6.5 Members of the public shall not be permitted to access the internet from the City’s computer equipment.
1.6.6 Nothing in this Policy is intended to warrant or otherwise guarantee that electronic visual aids will be successfully displayed at a Council or Advisory Body meeting. Members of the public are urged to have hard copies of their presentations available in the event a media system malfunction occurs.
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CHAPTER TWO
COUNCIL SALARY, BENEFITS AND REIMBURSEMENTS
Council salary. financial benefits and reimbursements are established by Council action and in conformance with State law, the MBMC, and duly adopted and effective resolutions.
Below is a description of the same but may not include all that are applicable.
2.1 SALARIES FOR MAYOR AND COUNCIL MEMBERS
Compensation for services rendered by the Mayor and Council Member, in an official capacity, shall be provided in accordance with State law and the MBMC.
The Citizens Finance Advisory Committee will be asked every 4 years, starting with 2020, to provide the Council a recommendation on whether any changes should be made to that compensation.
2.2 RETIREMENT, MEDICAL, DENTAL, VISION, AND LIFE INSURANCE The Mayor and Council Members are required to participate in P.A.R.S. retirement.
The City shall pay a contribution to P.A.R.S. equal to 1.5% of salary. The City shall pay, in full, the cost of the Mayor’s and Council Members’ participation in lowest cost medical plan (self-only), dental, vision, and life insurance.
2.3 ACCESS TO COMMUNICATIONS / TECHNOLOGY SYSTEMS
The City will provide each Council Member with equal and appropriate communications, technological devices and training to facilitate their public service and within the confines of the Information Technology (IT) standards for hardware and software specifications. The City’s IT Usage Policy, which is available for Council Member review upon request, applies to Council Member use of these devices.
2.3.1 TELEPHONES
Upon request, the City will provide each Council Member with a City-owned cell phone to use solely for City business communications during their term of office.
2.3.2 LAPTOP COMPUTERS & REMOTE ACCESS POLICY
The City will provide each Council Member, at their request, with a laptop computer or iPad and related City-standard software for use while in office. These laptop computers and software will be upgraded or replaced pursuant to the City’s computer replacement policy. Council Member access and use of the City’s information technology is subject to all City guidelines concerning the use of its information technology resources. The most important of these are:
The City information systems exist solely for the purpose of conducting City business, not intended for personal use.
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All data (including electronic mail messages) is owned by the City and subject to disclosure.
All software and hardware installations should be made by IT staff on City-owned devices only. Except for screensavers, personal software is not allowed on City workstations; and all application software must be owned by the City and used in compliance with all software licensing agreements.
2.3.3 SECURITY
Each Council Member shall have a uniquely assigned user name and password for security purposes. While this cannot guarantee privacy, confidentiality, or data security, it is an important component of the City’s overall system protection.
Passwords should never be shared with others.
2.3.4 ELECTRONIC MAIL (E-MAIL)
Council Members will have access to the City’s electronic mail (Email) system that will allow Email communication internal to the City and with others via the Internet. Email correspondence sent and received by members of the City Council are public records and subject to disclosure.
2.3.5 COUNCIL MEMBER RESPONSIBILITIES
Council Members are responsible for using City information technology resources in accordance with the City’s normal policies, procedures and guidelines.
2.34 PROFESSIONAL DEVELOPMENT
The Mayor and each Council Member shall be reimbursed for normal and customary business expenses as follows:
2.43.1 BUSINESS TRAVEL EXPENSE AND CONFERENCE
REGISTRATION
The Mayor and each Council Member shall be reimbursed for normal and incidental expenses and for costs of professional development and educational conferences designed to improve understanding of and proficiency in municipal affairs. Such reimbursement shall be for out-of-county expenses only and shall be reimbursed in accordance with accepted City Travel Guidelines.
2.43.1.1 Authorized Expenses. City funds, equipment, supplies (including letter head), titles, and staff time must only be used for authorized Citybusiness. Expenses incurred in connection with the following types of activities generally constitute authorized expenses, as long as the other requirements of this section are met:
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Communicating with representatives of regional, state and national government on City-adopted positions.
Attending educational seminars designed to improve
official’s skill and information levels.
Participating in regional, state and national organizations whose activities affect the City’s interests.
Recognizing service to the City (i.e. thanking a longtime employee with a retirement gift or celebration of nominal value and cost).
Meetings such as those listed above for which a meeting stipend is expressly authorized under this section.
All other expenditures require prior approval by the City Council, including international and out-of-state travel.
2.43.1.2 Expenses Not Eligible for Reimbursement.
The personal portion of any trip.
Political or charitable contributions or events.
Family expenses, including partner’s expenses, when
accompanying official on City-related business.
Entertainment expenses, including theater, movies, sporting events (including gym, massage and/or golf related
expenses) or other cultural events.
Alcohol/personal bar expenses.
Except as provided in 2.4.2 and .3, personal automobile expenses.
Personal losses incurred while on City business
2.54 CITY BUSINESS AND MILEAGE REIMBURSEMENT
The Mayor and each Council Member shall be reimbursed as follows:
2.54.1 CITY BUSINESS
For costs incurred in connection with official City business, the Mayor and Council Members shall be reimbursed for in-county expenses, including meals, tickets, periodicals, dues, subscriptions, and similar miscellaneous expenses, if receipts for those expenses are provided.
2.54.2 MILEAGE
For official travel within the County of San Luis Obispo, reimbursement shall be made upon submittal of an official mileage expense form.
2.54.3 TRANSPORTATION
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When attending conferences or meetings that are of such distances it is more economical to take commercial air fare, if an official drives his/her car to such meetings, then commercial air fare will be paid and not automobile mileage.
Government and group rates must be used when available.
2.4.3.1 Airfares that are reasonable and economical shall be eligible for purposes of reimbursement.
2.4.3.2 Automobile mileage is reimbursed at IRS rates in effect at the time of travel. Those rates are designed to compensate the driver for gasoline, insurance, maintenance, and other expenses associated with operating the vehicle. This amount does not include bridge and road tolls which are also reimbursable.
2.4.3.3 Car Rental rates that are reasonable and economical shall be eligible for purposes of reimbursement.
2.4.3.4 Taxi and shuttle fares may be reimbursed, including a 15% gratuity per fare, when the cost of such fares is equal or less than the cost of car rentals, gasoline and parking combined, or when such transportation is necessary for time-efficiency.
2.54.4 LODGING
Lodging expenses will be reimbursed or paid for when travel on official Citybusiness reasonably requires an overnight stay. If such lodging is in connection with a conference, then lodging expenses must not exceed the group rate published by the conference sponsor for the meeting in question if such rates are available at the time of booking. Travelers must request government rates, when available. If the group rate is not available, then reimbursement at the IRS rate in effect at the time of travel shall apply.
2.54.5 MEALS
Actual expenses shall be reimbursed subject to the maximum per diem for the mean as set by the IRS rate in effect at the time of travel. (Cal. Gov’t. Code 53232.2) and Publication 1542 at www.irs.gov). The City will not pay for alcohol/personal bar expenses.
2.54.6 MISCELLANEOUS EXPENSES
Officials will be reimbursed for actual telephone, fax, and parking expenses incurred for City-business. Telephone bills should identify which calls were made for City-business.
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2.54.7 CASH ADVANCE POLICY
From time to time, it may be necessary for an official to request a cash advance to cover anticipated expenses while traveling or doing business on the City’s behalf.
Such request for an advance should be submitted to the City Manager ten working days prior to the need for the advance with the following information:
1. The purpose of the expenditures.
2. The benefits of such expenditures to the residents of the City.
3. The anticipated amount of the expenditures(s) (for example, hotel rates, meal costs, and transportation expenses).
4. The dates of the expenditure.
Any unused advance must be returned to the City within five working days after the official’s return, along with an expense report and receipts documenting how the advance was used. In the event the City Manager is uncertain as to whether a request complies with this policy, the official must seek resolution from the City Council.
2.54.8 CREDIT CARD USE POLICY
For travel expenses the preference is for Council Members either to (i) submit a reimbursement request upon return (with the proper forms completed and receipts attached) or (ii) request a payment advance for travel, whenever it is not possible to have expenditures charged directly to the City or utilize the City Clerk/City Manager’s credit cards for travel and accommodation arrangements. If an advance is made, then receipts are required for all expenditures, as is return of the unspent portions of the advance. It is understood there may be circumstances where a Council Member cannot prepay for expenditures. In such cases, with approval through the City Manager, a credit card will be ordered in the Council Member’s name. The credit card may only be used for authorized expenditures during the authorized travel.
2.54.9 EXPENSE REPORT CONTENT AND SUBMISSION
DEADLINES
All cash advance expenditures and expense reimbursement requests must be submitted on an expense report form provided by the City. That form shall include the following advisory:
“All expenses reported on this form must comply with the City’s policies relating to expenses and use of public resources. The information submitted on this form is a public record. Penalties for misusing public resources and violating the City’s policies include loss of reimbursement privileges, restitution, civil and criminal penalties as well as additional income tax liability. “
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Expense reports must document that the expense in question met the requirements of this Policy. Officials must submit their expense reports within 10 working days after an expense has been incurred, accompanied by receipts documenting each expense. Restaurant receipts, in addition to any credit card receipts, are also part of the necessary documentation.
Inability to provide such documentation within 10 calendar days after travel may result in the expense being borne by the official.
In the event the official does not attend the trip and non-refundable expenses have been incurred for registration, lodging or travel, the non-attending official shall submit a written explanation of the reasons for non-attendance to the City Manager.
The City Manager shall determine if the public funds advanced must be reimbursed to the City. Any decision of the City Manager may be appealed to the City Council.
2.54.10 REPORTS TO CITY COUNCIL
At the next regular City Council meeting, the Mayor and City Council shall briefly report on the meetings attended by that person at City-expense. If multiple officials attended, then a joint report may be made.
2.54.11 COMPLIANCE WITH LAWS; VIOLATION
City officials should keep in mind that some expenditures may be subject to reporting under the Political Reform Act and other laws. All City expenditures are public records subject to disclosure under the Public Reports Act and other applicable laws. Use of public resources or falsifying expense reports is a violation of this Policy and may result in any or all of the following: 1) loss of reimbursement privileges, 2) a demand for restitution to the City, 3) the City’s reporting the expenses as income to the elected official to state and federal tax authorities, 4) civil penalties of up to $1,000 per day and three times the value of the resources used, and 5) prosecution for misuse of public resources.
2.65 GENERAL PROCEDURES AND LIMITATIONS
Appropriate budgetary practices and accounting controls shall be established to ensure expenditures and reimbursements are in compliance with approved budget allocations. The Mayor and each Council Member is expected to plan business activities so as to stay within budget. When exceptional circumstances require additional amounts be allocated to accounts, formal Council action shall be required.
2.65.1 ACCOUNTING
An account shall be established in the name of the Mayor and each Council Member with all expenditures charged to the individuals. Receipts shall be submitted within the fiscal year.
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2.65.2 REIMBURSEMENT LIMITATION
The City's adopted Travel Guidelines shall govern all expenditures for non-local professional development and conferences. Those guidelines include all non-local official meals, tuition or fees, transportation to meeting sites, materials and telephone usage.
2.65.3 SPECIAL EXPENSES
For occasions when the Mayor or a Council Member is designated by the City Council to represent the City at special meetings, reimbursement shall be made from the appropriate Travel Expense Account.
2.65.4 HONORARIUM
The Mayor and Council Members are not permitted, by law, to receive an honorarium as a result of his/her participation in a meeting or conference. The Mayor or Council Members may receive income for personal services provided at a meeting or conference, if those services are customarily provided in connection with the practice of her/his bona fide business or profession, unless the sole or predominate activity of the business or profession is making speeches. If the Mayor or Council Member receives such income, then the amount of that income shall be deducted from the amount normally provided by the City for that meeting or conference if the City paid for the Mayor or Council Member's attendance at such meeting or conference.
2.65.5 OTHER GUIDELINES
Any other travel-related issue not specifically governed in this resolution shall be adjudicated in accordance with the City of Morro Bay Travel Expense Reimbursement Policy.
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CHAPTER THREE
COUNCIL POWERS & APPOINTMENTS
3.1 MAYOR - POWER AND DUTIES
3.1.1 The Mayor shall preside at all meetings of the City Council and perform such other duties consistent with the office as may be imposed by the Council or by vote of the people. The Mayor shall be entitled to vote when present but shall possess no veto power.
3.1.2 The Mayor shall be recognized as the official head of the City for all ceremonial purposes.
3.1.3 The Mayor may order flags flown on City property to be lowered to halfstaff in mourning for any member of the community designated to have made significant contributions to the City of Morro Bay, in accordance with recognized customs or practices not inconsistent with State and Federal law.
3.1.4 The Mayor is authorized to sign letters of appreciation to persons and organizations. Copies of those signed letters shall be provided to the Council Members, as soon as feasible.
3.1.5 The Mayor will, at times, receive written communications from recognized organizations or entities whose fundamental purpose is to support cities, such as the League of California Cities, etc. Those communications may be seeking City support for a position the specific organization is taking.
Because of the often short time limits for submitting responses to those communications, the Mayor is authorized, at no cost to the City to submit the requested communication consistent with the subject entity’s recommendation. At the discretion of the Mayor, other written communications supporting previously agreed upon policy issues by the Council, may be sent. A copy of that letter will be provided to the Council at the same time it is transmitted to the addressee. Any Member of the Council can request an agenda item be placed on an upcoming agenda to discuss that communication. The Council can also determine whether to admonish the Mayor for not carrying out the intent of this provision.
3.1.6 When the Mayor is a member of another legislative body, he/she may take actions on matters before that other body as she/he determines appropriate, as long as she/he makes it clear his/her position is that of the Mayor and not the entire City or Council, unless, at a duly agendized public meeting, a majority of the Council has provided direction on the position the Mayor is to take on a matter
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3.1.7 The Mayor shall exercise such other powers and perform such other duties as may be prescribed by law or ordinance or by resolution of the Council, except as limited by law.
3.2 APPOINTMENT OF MAYOR PRO TEMPORE
The appointment of the Mayor Pro Tempore shall be for a one-year term and shall be made at the first meeting in January. For appointment as Mayor Pro Tempore, a Council Member must be on the Council at least one year. Of those who have been on the Council for at least one year, the Council Member who has not yet held the position shall be appointed Mayor Pro Tempore. If there are two Council Members who have not yet held the position, then the Council Member receiving the highest number of votes in the most recent election shall be appointed Mayor Pro Tempore.
If all have held the position, then the Council Member who has held it the least number of times shall be appointed Mayor Pro Tempore. If all Council Members have held it for the same number of years, then the Council Member for whom it has been the longest period of time since holding the position shall be appointed Mayor Pro Tempore.
3.3 FILLING COUNCIL VACANCIES
3.3.1 SPECIAL ELECTION
Measure “R” codified as Ordinance 527 requires the City Council to immediately call a special election to fill any vacant seat on the Council, including the Mayor’s seat. The special election shall be held on the next established election date, as specified in California Elections Code, which is not less than 114 days from the call of the special election. The City Council may appoint an elector who is a registered voter in the City of Morro Bay to fill such vacancy prior to the special election. The appointee shall hold office only until the date of said special election. (Reso. 76-08)
3.3.2 LIMITATION OF COUNCILMEMBER WHO RUNS FOR MAYOR
BEFORE COMPLETING REGULAR TERM
A sitting Council Member is disqualified from nomination for election to the office of Mayor in the next election if the remainder of their Council term after the next election cannot be filled by a vote of the electors on or prior to that election date.
3.4 GENERAL POWERS OF THE COUNCIL
Subject to the provisions of law and the delegation of power to any person, officer, Board, or Commission, the Council shall have the power in the name of the City, to do and perform all acts and things appropriate to a municipal corporation and the general welfare of its inhabitants and that are not specifically forbidden by the Constitution and laws of the State of California.
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3.5 ADMINISTERING OATHS: SUBPOENAS
Each Member of the Council shall have the power to administer oaths and affirmations in any investigation or proceeding pending before the Council. The Council shall have the power and authority to compel the attendance of witnesses, to examine them under oath and compel the production of evidence before it.
Subpoenas may be issued in the name of the City and be attested by the City Clerk.
Disobedience of such subpoena or the refusal to testify (upon other than constitutional grounds), shall be deemed contempt and shall be punishable as provided by the general laws of the State.
3.6 LIMITATIONS
No Member of the Council shall be appointed to or serve as a voting Member of any City Board, Committee, or Authority, whether composed of citizen volunteers, City employees, or a combination of both. This is not to be construed as prohibiting Members of the Council from serving on Committees or Subcommittees of the Council itself, or of agencies representing other local, state or federal government.
3.7 METHOD OF ACTION BY COUNCIL
All action by the Council shall be taken only by means of ordinance, resolution, or oral motion duly made and passed.
Ordinances shall become a part of the MBMC and so remain until amended or voided. All municipal laws relating to taxation or to possible criminal action against an offender shall be in the form of ordinances.
Resolutions shall be serially numbered and filed sequentially in the office of the City Clerk.
Oral motions shall be recorded only in the minutes of any regular or special meeting of the Council.
3.8 ORDINANCES
The consideration and adoption of ordinances shall be in accordance with relevant state law. Ordinances not legally required to have a public hearing shall be set for a public hearing if the subject matter is controversial or of a special nature. In addition, a majority of the City Council may direct the consideration of an ordinance will be set for public hearing.
No ordinance, resolution or motion shall be passed or become effective without receiving the affirmative vote of at least three Members of the Council.
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3.9 ACCEPTANCE OF GRANTS OR DEEDS
The Mayor and Mayor Pro Tempore of the City of Morro Bay are hereby authorized to accept and consent to the recording of any deed or grant conveying any interest in or easement upon real property to the City of Morro Bay.
3.10 LEGISLATIVE ACTION PROGRAM
The City has a legislative program to strengthen local government, promote City goals, and defend the City against legislative actions by state and federal governments that would weaken local government or take away traditional revenue sources. In order to respond promptly and proactively to fast-paced legislative changes, City staff is authorized to take positions on legislation provided the positions are consistent with the Legislative Actions of the City Council, or resolutions or recommendations of the League of California Cities. The Council limits its official communication as a body of the whole in support or opposition to issues impacting the City specifically or local governments generally.
3.11 AMICUS CURIAE PARTICIPATION
The City is frequently requested to join as amicus curiae (friend of court) in cases of statewide significance to cities. Because of the often short time limits for filing amicus curiae briefs, the City Attorney may authorize the City’s name being added to such briefs, at no cost to the City, if the Legal Advisory Committee of the League of California Cities has urged participation. The City Council will be advised of that action within 7 days after the City Attorney’s decision.
3.12 ACTIONS AS A MEMBER OF ANOTHER LEGISLATIVE BODY
When a Council Member is a member of another legislative body, he/she may take actions on matters before that other body as she/he determines appropriate, as long as she/he makes it clear his/her position is that of the individual Council Member and not the entire City or Council, unless, at a duly agendized public meeting, a majority of the Council has provided direction on the position that Member is to take on a matter.
3.13 COUNCIL SUB-COMMITTEES
From time to time it may be desirable for the City Council to appoint a subcommittee 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 sub-committees 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 subPage 103 of 131 August 27, 2024 42
committee. The City Clerk will keep the list of sub-committees and defined description as a record with Council liaison assignments for review annually.
3.14 ISSUANCE OF PROCLAMATIONS, COMMENDATIONS, SPECIAL
RECOGNITION
All requests for proclamations are subject to the review and approval of the City Manager or their designee, or Mayor. Proclamations and commendations are signed by the Mayor, and are prepared in response to the type of recognition requested, with a priority given to recognize individuals, groups, and events of significance to the Morro Bay community. Proclamations and commendations may be presented at a City Council meeting or at an outside event or meeting. Typically, presentation requests are honored at a Council meeting only if a local representative from the requesting party can appear to accept the proclamation or certificate.
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CHAPTER FOUR
THE BROWN ACT AND EMAIL
4.1 APPLICABILITY AND PENALTIES
The entire City organization conducts its business in compliance with the Ralph M.
Brown Act, California Government Code sections 54950 et seq. (the “Act”). The intent of the Act is to ensure deliberations and actions of local public agencies are conducted in open and public meetings. The law provides for misdemeanor penalties for any members of a legislative body who violates the Act. In addition, violations are subject to civil action. A current copy of the Act will be provided to all Council Members assuming office, but the provisions that most directly affect the Council are summarized in this Chapter.
4.2 MAJOR PROVISIONS
4.2.1 APPLICABILITY
The Act applies to Council, City staff and all bodies that advise Council.
4.2.2 MEETINGS
Other than closed sessions, all meetings shall be open and public. All meetings shall follow the requirements of the Act.
4.2.3 AGENDAS
Agendas for regular meetings must be posted 72 hours in advance of the meeting and must meet various requirements. Note: Morro Bay has by resolution established a longer period of posting prior to a regular meeting (120 hours or 5 days.)
4.2.4 ACTIONS
No action shall be taken on any item not appearing on the posted agenda.
Exceptions:
4.2.4.1 An emergency situation exists, (determined by a majority of the Council).
4.2.4.2 The need to take action arose subsequent to the agenda being posted (determined by 4/5 of the Council or if less than 4/5 are present, then by unanimous vote) and that action must be taken before the next regular Council meeting or special meeting can be scheduled and properly noticed.
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4.2.4.3 The item was continued to another meeting that was scheduled and posted within five days after the original agenda.
4.2.5 PUBLIC INPUT
The public has an opportunity to address the Council on any item of interest to the public that is within the jurisdiction of the Council. The City has the right to establish time limits on speakers and the total time allocated for a particular issue.
4.2.6 PUBLIC DISRUPTIONS
A portion or all of the public may be removed if willful disruption makes conducting the meeting "unfeasible;" the press may remain unless they participate in the disruption.
4.2.7 CORRESPONDENCE
All writings distributed for discussion or consideration at a public meeting are public records. If a member of the public desires written materials to be fully considered by the Mayor and City Council, then that member is encouraged to submit that written material regarding agendized items to the City Council via email at [email protected] no later than 10:00 a.m. the day of the meeting so that it may be included with agenda correspondence and published on the City website.
Written material distributed at the meeting will be made a part of the public record.
If the material is too voluminous for the Mayor and Council to review during the meeting or is new material not previously considered, the Council may, at its discretion, continue the item to a future meeting.
4.2.8 CLOSED SESSIONS MAY BE HELD TO DISCUSS:
4.2.8.1 Real Property. The purchase, sale, exchange or lease of real property with the City's negotiator; the real property and the person(s) with whom the City may negotiate must be announced in open session prior to the closed session. All Real Property transactions shall be held in closed session prior to final decision in open session and Council shall be provided with a copy of the draft real property agreement.
4.2.8.2 Litigation pending or a significant exposure to litigation, or the decision to initiate litigation; the litigation or title must be identified in open session prior to the closed session unless the Council states that to do so would jeopardize its ability to conclude existing settlement negotiation or effectuate service of process.
4.2.8.3 Compensation (salaries and benefits) of employees; to review its position and instruct designated representatives.
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4.2.8.4 Personnel: The appointment, employment, evaluation of performance, or dismissal, of a public employee, or to hear a complaint against an employee, unless the employee requests a public hearing.
4.3 SPECIAL MEETINGS
Special Meetings may be called by the Mayor or a majority of the Council, with strict notification requirements delivered to the media and Council 24 hours before the time of the meeting.
4.4 EMERGENCY MEETINGS
Emergency meetings may be called without the normal 24-hour notice and posting requirements if prompt action is required due to the disruption or threatened disruption of public facilities. Only work stoppages, crippling disasters or other activities that severely impair the public health and/or safety qualify for emergency meetings.
4.5 ELECTRONIC MAIL (EMAIL), THE PUBLIC RECORDS ACT AND THE
BROWN ACT
City email is no less a part of “official city business” than any other written correspondence, and there is no expectation of privacy for City email messages.
Good judgment and common sense should therefore prevail at all times regarding its appropriate use.
City email is subject to the requirements of the Brown Act and is subject to disclosure under the Public Records Act. The Brown Act does not prohibit the use of email to make individual contacts between Members of the Council, or the public or staff. However, great care should be taken to avoid the use of email to contact a majority of the Council, either individually or serially, “in a connected plan to engage in collective deliberation on public business.”
City emails are generally intended to fulfill the same general function as ordinary daily verbal communications among City Council and City staff and are generally considered “transitory” documents (work-in-progress), and therefore are generally not subject to records retention requirements. For file management and storage purposes, such City email messages should only be retained for as long as needed.
In most instances this means deleting messages as you have read them, and shortly after you have sent them.
Some email messages, including any attachments thereto, can be considered official city records, because the content relates in a substantive way to the conduct of the public’s business. Emails that qualify as public records need to be retained by the City. However, they are not retained through the City e-mail system. Those emails
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should be printed as a hard copy or saved electronically in a folder outside the email system, in accordance with the City’s records retention policy. Generally, the sender of the email should be the person responsible for printing and filing it accordingly, but persons responsible for a particular program or project file shall be responsible for retaining all e-mail they send or receive related to that program or project.
It is the responsibility of individual City Council Members, employees and their department heads to determine if email is an official City-record that must be retained in accordance with the City’s record retention policy. The City Attorney will assist in making such a determination. Preliminary drafts, notes or interagency or intra-agency memoranda that are not retained by the City in the ordinary course of business are generally not considered to be official City records subject to disclosure. City Council Members and employees are encouraged to delete documents that are not otherwise required to be kept by law or whose preservation is not necessary or convenient to the discharge of your duties or the conduct of the city’s business.
Periodically, the City receives requests for inspection or production of documents pursuant to the Public Records Act, as well as demands by subpoena or court order for such documents. In the event such a request or demand is made for e-mail, and the City Council Members or employees having control over such e-mail, once they become aware of the request or demand, shall use their best efforts, by any reasonable means available, to temporarily preserve any e-mail that is in existence until it is determined whether such e-mail is subject to preservation, public inspection or disclosure. The City Clerk shall be contacted regarding any such emails within the City Council Member or employee’s control.
Council Members are assigned a City electronic messaging account, such as an email account. To the extent feasible, City issued accounts shall be used to conduct City business. Limited use of a private device for public business is permissible, but not encouraged, and public records on such devices are subject to the Public Records Act.
Electronic communications regarding City business may be subject to the City’s official records retention policies and the Public Records Act, even if those electronic communications are or were created, sent, received or stored on a Council member’s personal electronic messaging account or device. To the extent a Council Member uses private, non-City electronic messaging accounts or devices, in compliance with State law they will be asked to locate any such electronic communications on those non-City accounts or devices and provide the communications to the City Clerk in the event a Public Records Act request is made seeking the communication(s).
If a Council Member receives an electronic message regarding City business on his/her personal electronic messaging account or device, or circumstances require such person to conduct City business on a personal account or device, then the
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Council Member is strongly encouraged to either: (a) copy (“cc”) any communication from the Council Member’s personal electronic messaging account to his/her City electronic messaging account; or (b) forward the electronic communication to his/her City account as soon as feasible after the original creation or transmission of the electronic communication. That practice facilitates efficient and prompt responses to Public Record Act requests.
4.6 PRIVATE SOCIAL MEDIA AND DIGITAL COMMUNICATIONS
The City does not provide or support individual social media accounts for Council Members. Council Members that maintain personal social or other digital media accounts should be aware that, similar to City email or any other written or recorded communication related to the official conduct of City business, digital communications, social media posts and messages by public officials regarding matters that are before the City for action or within City jurisdiction can be “official city business” subject to laws and policies regarding freedom of speech, record retention and production, and public transparency. Those laws and policies include, but are not necessarily limited to, the California and United States Constitutions, the California Public Records Act, the Ralph M. Brown Act, and the City’s Records Retention policies.
It is the intent of this policy to ensure that Council Members are aware that digital and social media communications regarding public business that are conducted using private networks, accounts, or devices may be subject to the same laws as other records of public business and that mishandling of such communications in violation of applicable laws, may subject Council Members and the City to liability under applicable laws, and may result in censure of a violating Council Member.
This policy is intended to establish parameters for the management of public, private and political digital and social media accounts in compliance with applicable laws and in a manner that avoids the potential for public confusion regarding public, private and campaign related digital and social media activities of Council Members.
A Council Member or Mayor participating in digital or social media communications shall maintain and clearly delineate between separate accounts for official, and personal or campaign statements, taking precaution not to convey personal or campaign communications in a manner that suggests such communications represent the position of the City or the City Council as a whole.
To avoid ambiguity, all statements, headings, profile pictures, or biographies on personal or campaign accounts shall not be made in the name of the position to which the Council Member or Mayor was elected, shall clearly reflect that content on such account does not represent the official positions of the City or the City Council, and shall not display the City logo or any other official City mark or title.
There is no California law requiring public officials to use only government accounts to conduct public business, but there should be no expectation of privacy if personal accounts are used to conduct public business.
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Statements on official sites and accounts shall contain only official City positions, policies, or announcements, and all contents and messages communicated on such accounts are subject to the California Public Records Act. If a Council Member receives an electronic communication regarding City business on a personal account, they should copy that information to their official City account, for transparency and ease of access for public records requests.
Digital records relating to public business are required to be stored in a manner capable of maintaining the record for the applicable retention period, including through the use of highlights, bins, or archives for temporary and disappearing stories, reals, posts, or otherwise. Likewise, public officials should avoid deleting comments or blocking individuals on official pages or sites they maintain. In the event that a harassing, or discriminatory content that the council member believes constitutes an imminent threat or violation of harassment or discrimination laws, a copy of the deleted or removed content shall be saved or retained consistent with the City’s Records Retention Policies and this Policy. Social media content should be treated the same as any written document and retained in accordance with the City’s Retention Schedules or a minimum two-year period required under California Government Code.
4.7 SOCIAL MEDIA AND BROWN ACT COMPLIANCE
To avoid any violations of the Brown Act, consistent with the update provided by AB 992, Council Members are permitted to use a social media platform to engage in conversations or communications on matters within the subject matter jurisdiction of the Council: (a) to answer questions, (b) to provide information to the public, and (c) to solicit information from the public. However, a majority of Council Members may not use social media to “discuss among themselves” official City business. AB 992 broadly defines the meaning of “discuss among themselves” to include any “communications made, posted, or shared on an internet based social media platform between members of a legislative body, including comments or use of digital icons that express reactions to communications made by other members of the legislative body.” AB 992 prohibits a Council Member from communicating directly with the social media of any other member on a subject within the jurisdiction of the Council.
This social media guidance applies to all internet based social media platforms that are “open and accessible to the public,” including, but not limited to, blogs, podcasts, Snapchat, Instagram, Facebook, X, Nextdoor, and Reddit.
4.86 OTHER PROVISIONS
The Act provides many other restrictions and requirements; this chapter is intended merely as a Council summary and overview of the Act, and nothing in this Chapter supersedes the provisions of the Brown Act. Since State law constantly changes, it is important to ensure you have the latest information. Please check with the City Attorney and/or the City Clerk for more information.
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CHAPTER FIVE
COUNCIL/STAFF RELATIONSHIPS AND CONDUCT
5.1 INTENT
The City Council as a whole retains full power to accept, reject, amend, influence, or otherwise guide and direct staff actions, decisions, recommendations, workloads and schedules, departmental priorities, and the conduct of City business.
This chapter addresses the relationship and conduct between the Mayor and Council Members and staff with the intent of the Mayor and Council to: 1) affirm governing shall be by will of the collective Council, and 2) establish guidelines for Mayor, Council and staff to ensure orderly, consistent and open City government.
5.2 GUIDELINES FOR COUNCIL MEMBERS
The Mayor and Council shall recognize the primary functions of staff are to execute Council policy and actions taken by the Council, and to keep the Mayor and Council informed.
The Mayor and Council Members should not attend department staff meetings unless requested by the City Manager.
The Mayor and Council Members should have the same information with which to make decisions. Information requested by one Council Member will be shared with all members of the Council.
Concerns related to the behavior or work of a City employee should be directed to the City Manager. Council Members shall not reprimand employees.
Per California Government Code Sections 3201-3209, Council Members should not solicit financial contributions from City staff or use promises or threats regarding future employment. Although City staff may, as private citizens with constitutional rights, support political candidates, such activities cannot take place during work hours, at the workplace, or in uniform.
5.2.1 REQUESTS FOR INFORMATION
The Mayor, individual Council Members, as well as the Council as a whole, shall be permitted complete freedom of access to any information requested of staff, and shall receive the full cooperation and candor of staff in being provided with any requested information, when the law allows that access.
The Mayor and Council Members shall make routine requests for information through the appropriate department head, who shall then advise the City Manager
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of such requests. Complex or comprehensive requests for information shall be made through the City Manager.
5.2.2 DIRECTION TO STAFF
The Mayor and Council Members shall make requests for work to be done by City staff through the City Manager. The Mayor and Council Members should not direct the City Manager to initiate any action, change a course of action, or prepare any report without the approval of Council. The City Manager’s responsibility is to advise on resources available and required for a particular course of action as it relates to the direction of a majority of Council.
The Mayor and individual Council Members shall make no attempt to pressure or influence staff decisions, recommendations, workloads, schedules and departmental priorities, except as part of budgetary and goal setting priority sessions and with approval of the Council as a whole.
A Council Sub-committee may be given authority by the full Council to work in conjunction with the City Manager, and his/her designated staff on a particular project or issue. In those instances, any work products will be brought back to the full Council for consideration and action.
5.3 GUIDELINES FOR STAFF
Staff shall recognize its primary function is to execute Council policy and to keep the Mayor and Council informed. Staff shall present the Mayor and Council with all relevant information, as well as alternatives, in an objective, succinct manner.
The City Manager and staff are committed to treating the Mayor and each Council Member equally.
5.3.1 TIMELY RESPONSE
City staff will make every effort to respond in a timely and professional manner to all requests made by the Mayor and individual Council Members for information or assistance; provided, that in the judgment of the City Manager the request is legally permitted (after consultation with the City Attorney) and not of a magnitude, either in terms of workload or policy, which would require that it more appropriately be assigned to staff through the collective direction of the City Council. In terms of making that judgment, the following guidelines should be considered: The request should be specific and limited in scope so staff can respond without altering other priorities and with only minimal delay to other assignments; the request should only impose a "one-time" work requirement, as opposed to an on-going work requirement; and the response to the request should not require a significant allocation of staff resources (generally defined as consisting of more than one staff person, or a single staff person working on the issue in excess of 1-2 hours).
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5.3.2 DIRECTION FROM COUNCIL
Staff is obligated to take guidance and direction only from the Council as a whole or from the appropriate management superiors as may be the case. Staff is directed to reject any attempts by the Mayor or individual Council Members to unduly influence or otherwise pressure them into making, changing or otherwise suppressing staff decisions or recommendations, or changing departmental work schedules and priorities. Staff shall report such attempts to influence them in confidence to the City Manager, who may inform the Council as a whole of such attempts.
5.3.3 STAFF SUPPORT TO INDIVIDUAL COUNCIL MEMBERS
An exception to the above guidelines may be staff work required in support of a Council Member designated by the City Council to represent the City in an intergovernmental role (e.g., Membership on Joint Powers Authority), or relative to a special assignment (e.g., a special task force).
As noted, above, when a Council sub-committee has been duly authorized by the full Council, staff members may provide information and assistance to the subcommittee, which will report back to the full Council.
5.3.4 INFORMATION DISTRIBUTION
In the interest of treating all members of the Council equally, in cases where a staff response to the Mayor or an individual Council Member request involves written material, the City Manager will provide copies of the material to all other Council Members.
5.3.5 SIGNIFICANT INFORMATION
Any information, service-related needs, or policy positions perceived as necessary by the Mayor or individual Council Members, which cannot be fulfilled per the above guidelines, should be raised by the Mayor or individual Council Member under the "Declaration of Future Agenda Items" category of a regularly scheduled City Council meeting. If so directed by the collective action of the Council, then staff will proceed to complete the work within Council established deadlines.
5.4 USE OF CITY LETTERHEAD
Staff will not prepare correspondence representing the Mayor or a Councilmember’s personal point of view or a dissenting point of view from an official City policy or Council position. If a Councilmember uses her/his title, position, or City letterhead to express a personal opinion, then the letter shall state “I am writing this letter on behalf of myself” and, the official City position must also be stated clearly so the audience understands the difference/relationship between the official City position and the viewpoint of the Mayor or that
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Councilmember. If a letter is written on behalf of the majority of the City Council, then the letter shall state “I am writing this letter on behalf of the City Council.” A copy of any and all correspondence developed by or for the Mayor or a Councilmember on City letterhead shall be provided to the City Manager and the entire City Council.
5.5 USE OF PUBLIC RESOURCES
Members shall not use public resources unavailable to the public in general, such as City staff time, equipment, supplies or facilities, for private gain or personal purposes.
City Council has identified community engagement as a priority of the council.
City Council recognizes that limited meeting spaces are available in the City of Morro Bay. In supporting individual council members’ effort to reach the general public for the overall interest of the City of Morro Bay, council members, Mayor included, are allowed to use city’s meeting facility free of charge for up to six times per calendar year for outreach meetings, including Town Hall, Listening sessions and like, except during the election season beginning 120 days prior to an election to fill a City office, provided those sessions require only limited staff support for facility use. However, during the time period of 120 days prior to an election to fill a City office, a council member who is not running for re-election at that election shall be able to hold such outreach meetings free of charge upon approval of Council through an agendized item at a public meeting. The outreach events must demonstrate a reasonable connection to the city council adopted goals. Council members shall request facility usage through the City Manager.
5.6 COUNCIL MAIL HANDLING
All incoming mail addressed to the Mayor and Council Members will be handled by the City Clerk’s staff in the following manner:
5.6.1 PAPER AND ELECTRONIC MAIL, PUBLIC RECORD.
Both paper and electronic mail addressed to Council Members and delivered to City Hall, or any other City building or facility, or via any City equipment, account, or network, is presumed to be a public record subject to retention and disclosure requirements as set forth in the City’s Records Retention Policy and the California Public Records Act, unless an express legal exemption or privilege applies.
Council Members shall consult with the City Attorney prior to withholding or destroying any document or correspondence received in connection with their service in the City, except as specified herein. Electronic mail is additionally subject to the City’s Electronic Mail policy and Section 4.5. Electronic mail will be retained and accessed in accordance with applicable laws and the City’s Records Retention and IT policies.
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If City Clerk staff can verify that an email correspondence has been distributed to all Council Members, it will be handled and retained pursuant to the City’s Records Retention Policies but will not be redistributed.
5.6.2 PROCESS FOR PAPER MAIL
All paper mail sent to Council (either as a group or to each Council Member) will be opened, date stamped, scanned and distributed to Council via email as soon as possible. The electronic record will be preserved by the City Clerk’s office in accordance with the City’s Records Retention Policies.
5.6.2.1 Any public correspondence received on behalf of Council that requires staff to follow up with a response on an issue unrelated to a current agenda item will be distributed to Council per Section
5.6.1. Once the written response is prepared by the appropriate department (normally within two weeks), it will be sent to the person who initiated correspondence with the City Council, and all Council Members will receive a copy of the response. Items that require staff follow-up include, but are not limited to, complaints, information requests, service requests, or other similar correspondence. Responses should be provided in the manner they were received (e.g. an email response is appropriate for email received and a written response is appropriate for letters received in the mail).
5.6.2.2 Any public correspondence received on behalf of Council that is related to a current agenda item will be handled via the Agenda Correspondence procedure as stated in Section 1.3.7.
5.6.2.3 Unsolicited mail, advertisements, magazines or journal publications and other “junk mail” will be date stamped and placed in a Council Member’s inbox for pick up. These items will not be scanned or logged.
5.6.3 “PRIVATE, PERSONAL, CONFIDENTIAL” MAIL
Paper mail addressed to an individual Council Member and marked “private,” “personal” or “confidential” shall be date stamped on the envelope or package and shall be logged in by the City Clerk’s staff in a manner that records the date of receipt, method of delivery, sender (if reflected on the face of envelope or package received), and recipient. The original will then be placed in the addressee’s City mailbox unopened. If mail has not been retrieved from the Council Members mailbox within two business days, such mail shall be retrieved by the City clerk’s staff and handled in accordance with Section 5.6.1.
5.6.3.1 Once opened and reviewed by the Council Member, any correspondence that reflects any comment, complaint, inquiry, or
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request that is or may be related to any matter of City business shall within two business days, be copied as the Council Member deems appropriate, and the original document delivered to the City Clerk for handling in accordance with Section 5.6.3. Personal notes (e.g. birthday or holiday cards) that do not implicate City business need not be provided to staff or retained pursuant to Section 5.6.1.
5.7 COUNCIL CONDUCT AND COMMUNICATION WITH THE GENERAL
PUBLIC; BOARDS, COMMISSION AND COMMITTEES; THE MEDIA
AND AT PUBLIC MEETINGS
Statements made by a Council Member about the City’s official position at a public meeting to the general public or the media should be based on currently adopted Council action. When serving as a primary or alternate Council representative on a board, commission, or committee, statements made by Council Members regarding City policy should reflect the majority opinion of the Council, which is defined by currently adopted Council action via Council vote or consensus.
A Council Member can express a personal opinion contrary to a Council decision or policy as long as the Council Member identifies the statement as a personal view, and they do not state or imply that the statement represents Council opinion. When expressing a personal view, Council Members shall be cautious not to create a bias by making clear that you intend to hear the matter with an open mind and make your decision based on the facts and the law presented at the hearing.
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CHAPTER SIX
ADVISORY BOARD PROCEDURES
6.1 COUNTY OR REGIONAL REPRESENTATION
Annually, the Mayor shall make appointments to a variety of County and/or regional committees and boards. One Member of the Council shall serve as a voting representative and one Member shall serve as alternate. (See 6.5 for appointment procedures). To the best of their ability, Voting Delegates shall reflect the majority view of the Council as a whole, rather than their own personal opinions.
6.2 OTHER COUNCIL REPRESENTATION, SUBCOMMITTEES
6.2.1 COUNCIL LIAISON ASSIGNMENTS
The City Council shall assign a Council liaison to each of the following advisory bodies: Recreation & Parks Commission, Harbor Advisory Board, Public Works Advisory Board, the Citizens Finance Advisory Committee, and the Planning Commission. Council liaisons will also be appointed to the special purpose advisory bodies.
The purpose of the liaison assignment is to facilitate communication between the City Council and the advisory body. The liaison also helps to increase the Council’s familiarity with the membership, programs and issues of the advisory body. In fulfilling their liaison assignment, members should either attend advisory body meetings or watch the meeting broadcasts and present information regarding advisory body meetings to the Council during Council announcements.
Council Members are not participating members of the advisory body, but are there rather to create a linkage between the City Council and the advisory body. In interacting with advisory bodies, Council Members are to reflect the views of the Council as a body. Being an advisory body liaison bestows no special right with respect to advisory body business.
6.3 ROLE OF ADVISORY BODY MEMBERS AT COUNCIL MEETINGS
6.3.1 INTENT
A majority of advisory body members may attend a public Council meeting.
However, none of those members may speak regarding any matter within that member’s advisory body’s subject matter jurisdiction while a majority of members of that advisory body are present. An advisory body may direct one of its members to appear at a public Council meeting to express that advisory body’s perspective on a particular matter reviewed by the advisory body or answer questions from the Council.
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6.3.2 COUNCIL AGENDA REPORTS
6.3.2.1 Recommendation Differences. For those occasions when the City Manager recommendation differs from an advisory body recommendation, the difference should be clearly noted and the recommendations from the advisory body should be included in the staff report.
6.3.2.2 The City Council will meet as determined necessary by the majority of Councilmembers with each of its advisory bodies or the chair of the advisory body.
6.3.3 COUNCIL MEETINGS
6.3.3.1 Advisory bodies will provide written or oral reports to the City Council as requested by the Council and in accordance with the Brown Act.
6.4 ROLE OF CITY STAFF PERSONS
Staff support and assistance may be provided or made available, but advisory bodies do not have supervisory authority over City employees, nor the ability to direct staff’s work. While they may work closely with advisory bodies, staff members remain responsible to their immediate supervisors and ultimately to the City Manager, who is responsible to the Council. The members are responsible for the constructive participation with the advisory body and the chairperson is responsible for committee compliance with applicable policies and procedures.
Staff support includes preparation of a summary agenda in conjunction with the Chairperson, and preparation of agenda reports providing a brief background of the issue, a list of alternatives, recommendations, fiscal impact (if any), and appropriate backup material, if necessary. Members of advisory bodies are volunteers and should be treated with respect and courtesy. Advisory body members should have sufficient information to reach decisions based upon a clear explanation of the issues within their charge. Sometimes members of advisory bodies may request information not related to their area of service. Staff members should, in that case, provide the same level of information and assistance as would be accorded any citizen. If in the judgment of staff, the request goes beyond that standard, then the matter will be turned over to the City Manager. A staff person will be assigned to serve as Secretary, taking minutes as needed.
It is important that advisory bodies wishing to communicate with the City Council do so through adopted or approved Council agenda procedures. Staff members shall assist the advising body to insure appropriate review and that City and State legislation is complied with.
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6.5 APPOINTMENT PROCEDURES
The following procedures shall be the policy of the City Council in regard to appointment of volunteer citizens to the various advisory bodies of the City.
6.5.1 PURPOSE
The purpose of establishing these procedures shall be to insure well-qualified, responsible and willing citizens are given the opportunity to serve the City and participate in the governing of their community. These procedures will apply to all appointments and reappointments to standing advisory bodies. All Advisory Body Members serve at the pleasure of the City Council.
6.6 PROCESS
6.6.1 QUALIFICATIONS
6.6.1.1 The applicant must be a resident and registered voter of the City at the time and during the entire term of appointment, unless excepted by State law or Council-approved special requirements in advisory committee by-laws.
6.6.1.1.1 The applicant must be at least 18 years of age at the time of appointment; provided, that the Council may
appoint one area high school student to an advisory
body, if allowed by the Advisory Body By-Laws and
they meet the other qualification requirements.
6.6.1.1.2 Elected Officials, Officers and Employees of the City of Morro Bay shall not be considered for
appointment, unless otherwise approved
unanimously by the City Council.
6.6.2 TERMS
6.6.2.1 The term of office for each appointee to an advisory body shall be a maximum of four years unless excepted by State law or Council-approved special requirements in advisory committee by-laws. The terms are staggered so that in no event, will all terms on any committee expire in the same year. Incumbents may apply for subsequent terms of service. Terms of Office will expire on January 31, of the specified year.
6.6.2.2 Persons appointed to fill the remainder of a vacated office term may reapply to serve on the same advisory body.
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6.6.2.3 Mid-term appointment to a vacant seat shall not preclude the appointee from serving additional terms.
6.6.2.4 As a general policy, an applicant shall not be appointed to serve on more than one advisory body, except that a member may also serve on one technical or special-purpose committee at the same time. If appointed to another committee, then he/she will be expected to resign from one body upon being appointed to another. The City Council retains the discretion to make exceptions to this policy.
6.6.3 PROCESS
6.6.3.1 Applications are obtained and filed with the City Clerk’s Office.
6.6.3.2 Prior to November 30, of each year, the City Clerk shall advise the City Council of the terms that are due to expire on each advisory board. The City Clerk shall also notify each advisory member whose term is due to expire. Each of these members shall be given the opportunity to apply for reappointment.
6.6.3.3 The City Clerk shall then place an advertisement in the local newspaper, inviting citizens to apply for consideration as an appointment to an advisory board, with instructions regarding the application process.
6.6.3.4 It is recommended that applicants attend at least one meeting of the advisory body applied for prior to the interview with the City Council.
6.6.3.5 The City Council shall, in a noticed public meeting, interview qualified applicants. In making appointments, the Council shall strive for a representative cross-section of both lay and professional knowledge. The Council will act by separate motion on each appointment made. If there are multiple
openings for a specific advisory body, the start and end dates for the respective openings will be communicated to applicants.
6.6.3.6 In the event there are more qualified applicants than openings for an advisory body, the City Council at its sole discretion may appoint qualified applicant(s) on an alternate or standby status for an interim 3-6-month period. Any such applicant designated as an alternative advisory body member would not participate in advisory body meetings, but could subsequently be appointed as a regular advisory body member if a vacancy occurs within the stated 3-6-month period.
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6.6.3.7 The applications of those not appointed will be held for up to one year for consideration in the event of future vacancies.
6.6.3.8 Candidates not appearing for interview before the City Council will be considered for appointment only upon a finding of the City Council by motion the absence arose from excusable neglect or personal difficulties.
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CHAPTER SEVEN
COUNCIL CONFIDENTIALITY POLICY
7.1 PURPOSE AND PROHIBITION AGAINST DISCLOSURE
7.1.1 PURPOSE AND INTENT.
In order to keep the City Council fully informed about pertinent legal issues that may impact the City Council’s decision-making, the City Attorney and other attorneys retained to represent the City issue confidential legal opinions and/or conducts closed sessions when authorized to do so by the Brown Act. Unauthorized disclosures of confidential information obtained from such confidential communications harm the City by compromising the City’s negotiating positions, diminishing the willingness of City staff and other Council Members to communicate fully and frankly with the City Attorney, and exposing the City to unwarranted litigation risks and significant damages awards against the City. It is the intent of the Council that the City’s confidential information shall be maintained inviolate and that unauthorized disclosures of such information be deterred and/or censured.
7.1.2 PROHIBITION AGAINST DISCLOSURE.
No person in receipt of Confidential Information, as defined herein, shall disclose or cause to be disclosed all or part of any confidential information to any unauthorized person.
7.2 PUBLIC CENSURE FOR UNAUTHORIZED DISCLOSURE
Any Council Member disclosing, or causing to be disclosed, confidential information to any unauthorized person may be subject to public censure by the City Council. Any censure proceeding shall be conducted in accordance with a process established by the City Council and shall, at a minimum, ensure that no public censure will occur unless the accused Council Member has been provided with notice of the accusation of unauthorized disclosure, the facts supporting such accusation, and an opportunity to be heard regarding the allegations.
7.3 DEFINITIONS
7.3.1 CAUSE TO BE DISCLOSED.
Failure to exercise due care in maintaining the confidentiality of the Confidential Information, whether verbal or written.
7.3.2 CONFIDENTIAL INFORMATION.
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7.3.2.1 Any information within the scope of a duly authorized closed session, whether provided orally or in writing, by any attorney, consultant, staff member or Council Member acting within the scope of the closed session (See Gov’t. Code Section 54963), or
7.3.2.2 Any oral or written communications by or from the City Attorney, Assistant City Attorney, or any retained counsel representing the City’s legal interests containing the attorney’s legal opinions, advice, thoughts, mental impressions or conclusions that are given on behalf of the City.
7.3.2.3 Confidential Information does not include information that is required by law to be reported out of closed session, authorized to be disclosed by a majority vote of the City Council, or otherwise authorized to be disclosed under the law.
7.3.3 UNAUTHORIZED PERSON
7.3.3.1 With respect to confidential information communicated during a closed session, any person, other than a Council Member, not in attendance at the closed session, or
7.3.3.2 Any person to whom the oral or written confidential information is not directed or addressed, or
7.3.3.3 Any person who has a disqualifying conflict of interest in the subject matter of the confidential information.
7.3.3.4 Unauthorized person does not include department heads or staff, when such person have a need to know the confidential information in order to discharge the duties of their position for the benefit of the City.
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CHAPTER EIGHT
ENFORCEMENT
8.1 PURPOSE
The Council Policies and Procedures establishes guiding principles for appropriate conduct and behavior and sets forth the expectations of Council Members. In order to deter violations of law and serious violations of adopted City policies, the City Council may take formal action against its members for such misconduct. The purpose of this section is to establish a process and procedure that:
a. Allows the public, City Council, and City employees to report Code of Conduct policy violations and other misconduct, and
b. Provides guidelines to evaluate Code of Conduct policy violations and other misconduct and implements appropriate disciplinary action, when necessary.
8.2 PROCEDURES
8.2.1 Reporting of Complaints. The following section outlines the process for reporting Council Member Code of Conduct Policy violations or other misconduct.
a. Complaints made by members of the public, the City Manager, and City Attorney should be reported to the Mayor. If a complaint involves the Mayor, it should be reported to the Mayor Pro Tem. b. Complaints made by Council Members should be reported to the City Manager or City Attorney to adhere to Brown Act
requirements.
c. Complaints made by City employees should be reported to the City Manager, who will direct them to the Mayor or Mayor Pro Tem.
8.2.2 Evaluation of Complaints Alleging violations. Upon report of a written complaint, the City Manager and City Attorney will join the Mayor or Mayor Pro Tem as an evaluation committee to determine the validity of the complaint and, if appropriate, an initial course of action as discussed below.
If the City Manager or City Attorney is the complainant, the longest serving uninvolved Council Member will replace the City Manager or City Attorney on the evaluation committee.
Within seventy-two (72) hours of receipt of the complaint by the Mayor or Mayor Pro Tem, the Council Member in question shall be notified of the reported complaint by the Mayor or their designee. The notification shall include a copy of the written complaint and supporting documentation, if any, the identity of the complainant, and nature of the complaint.
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8.2.3 Unsupported or Minor Violations. If a majority of the committee agrees that the reported violation is without substance, no further action will be taken. If the reported violation is deemed valid but minor in nature, the Mayor or Mayor Pro Tem shall counsel and, if appropriate, admonish the Council Member privately to resolve the manner. Admonishment is considered to be a reproof or warning directed to a Council Member about a particular type of behavior that violates City policy.
8.2.4 Allegations of Major Violations. If the reported violation is considered to be serious in nature, the matter shall be referred to outside legal counsel selected by the committee for the purpose of conducting an initial interview with the subject Council Member. The outside counsel shall report their initial findings back to the committee.
If the committee then determines that an investigation is warranted, the committee shall direct the outside legal counsel to conduct an investigation.
The investigation process would include but is not limited to, the ascertainment of facts relevant to the complaint through interviews and the examination of any documented materials.
8.2.5 Report of Findings. At the conclusion of the investigation, outside legal counsel shall report back to the committee in writing. The report shall either (1) recommend that the Council Member be exonerated based on a finding that the investigation did not reveal evidence of a serious violation of the Code of Conduct, or (2) recommend disciplinary proceedings based on findings that one or more provisions of the Code of Conduct or other City policies have been violated. In the latter event, the report shall specify the provisions violated along with the facts and evidence supporting each finding.
The Committee shall review the report and its recommendations. If the consensus of the Committee is to accept the report and recommendations, the committee shall implement the recommendations. Where the recommendation is to exonerate, no further action shall be taken. Where the recommendation is to initiate disciplinary proceedings, the matter shall be referred to the Council. Where there is no consensus of the committee regarding the recommendation, the matter shall be referred to the Council.
The subject Council Member shall be notified in writing of the committee’s decision within 72 hours. Where the decision is to refer the matter to the Council, a copy of the full report, including documents relied on by the investigator shall be provided with the notification, and a copy of both shall be provided to the whole Council.
8.2.6 Proceedings. Investigative findings and recommended proceedings and disciplinary action that are brought forward to Council as a result of a significant policy violation shall be considered at a public hearing. The
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public hearing should be set far enough in advance to allow the Council Member in question reasonably sufficient time to prepare a response.
Investigative findings shall be presented to the City Council at a public hearing. The rules of evidence to not apply to the public hearing. It shall not be conducted as an adversarial proceeding.
8.3 DISCIPLINARY ACTION
8.3.1 Considerations in Determining Disciplinary Action. Disciplinary action may be imposed by Council upon Council Members who have violated the Council Code of Conduct Policy. Disciplinary action or sanctions are considered when a serious violation of City policy has occurred by a Council Member. In determining the type of sanction imposed, the following factors may be considered.
a. Nature of the violation
b. Prior violations by the same individual
c. Other factors which bear upon the seriousness of the violation
8.3.2 Types of Sanctions. At the discretion of the Council, sanctions may be imposed for violating the Code of Conduct or engaging in other misconduct.
These actions may be applied individually or in combination. They include, but are not limited to:
a. Public Admonishment. A reproof or warning directed to a Council Member about a particular type of behavior that violates City policy. b. Revocation of Special Privileges. A revocation of a Council Member’s Council Committee assignments, including standing and ad hoc committees, regional boards and commissions, and community-generated board/committee appointments. Other revocations may include temporary suspension of official travel, conference participation, and ceremonial titles.
c. Censure. A formal statement or resolution by the Council officially reprimanding a Council Member.
RESOLUTION NO. 44-25
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF MORRO BAY, CALIFORNIA
AMENDING THE CITY COUNCIL
POLICIES AND PROCEDURES MANUAL
T H E C I T Y C O U N C I L
City of Morro Bay, California
WHEREAS, the Council Policies and Procedures Manual for the City of Morro Bay (the “Manual”) is a combination of City Council actions, policies, references, and information regarding the City Council; and
WHEREAS, to ensure all Councilmembers are familiar with and understand the City of Morro Bay’s philosophies and policies regarding serving on the City Council, on July 23, 2001, the City Council adopted Resolution 47-01 approving an early version of the Manual; and WHEREAS, the Manual has been amended several times throughout the years; and WHEREAS, at a Regular Meeting held May 27, 2025, the City Council directed a limited review of the Manual, including consideration of issuing City-owned cellular devices to Council Members for use in conducting City business.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay, that the City Council Policies and Procedures Manual is readopted, as attached hereto as Exhibit A.
PASSED AND ADOPTED by the City Council, City of Morro Bay at a regular meeting thereof held on the 22nd day of July 2025 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
RECUSE:
______________________________
CARLA WIXOM, Mayor
ATTEST:
_____________________________
DANA SWANSON, City Clerk