Agenda packet, regular meeting — Morro Bay City Council, October 28, 2025

CITY OF MORRO BAY
City Council Regular Meeting Agenda

Tuesday, October 28, 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=aWZpTzcwTHlRTk9xaTlmWVNWRWFUQT09 •
• 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. PLEDGE OF ALLEGIANCE

3. REPORTS

3.a Closed Session Report

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

3.c City Manager Reports, Announcements and Presentations

3.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

4. RECOGNITION AND PRESENTATIONS
None.

5. 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:
•
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. •
All remarks should be addressed to Council, as a whole, and not to any individual member thereof.
•
The Council respectfully requests that you refrain from making slanderous, profane or personal remarks against any elected official, commission and/or staff.
•
Please refrain from public displays or outbursts such as unsolicited applause, comments or cheering.
•
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.
•
The Council in turn agrees to abide by its best practices of civility and civil discourse according to Resolution No. 07-19.
•

6. 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 6.a through 6.e as submittted.

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

1. October 13, 2025 - Special Closed Session Meeting 5

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2. October 14, 2025 - Special Closed Session Meeting 7

3. October 14, 2025 - Regular Council Meeting 8

6.b Memorandum of Understanding Between San Luis Coastal Unified School District and City of Morro Bay
15 (City Attorney)
Recommended Action
Approve entering into the Memorandum of Understanding (“MOU”) with San Luis Coastal Unified School District (“School District”) for exclusive negotiations regarding the potential purchase of the Morro Elementary School Property (“Property”).

6.c Adopt Resolution Nos. 55-25 and 56-25 for Grant Applications for Potential Rancho Colina Utilities Consolidation
19 (Public Works Department)
Recommended Action
Adopt Resolution Nos. 55-25 and 56-25 for the Clean Water State Revolving Fund (CWSRF) and Drinking Water State Revolving Fund (DWSRF) Grant Applications for the Rancho Colina Consolidation Evaluation Projects. These resolutions only modify previously approved City Council Resolution Nos. 51- 23 and 52-23.

6.d Authorize Purchase of $333,169 for Restroom from CTX for Coleman Park Project
25 (Public Works Department)
Recommended Action
Authorize the City Manager to purchase and a restroom from CXT for the Coleman Park Project in the amount of $333,169.

7. PUBLIC HEARING ITEMS

7.a Ordinance No. 673, repealing and reenacting multiple chapters of Title 14 (Buildings and Construction) of the MBMC to incorporate the 2025 California Building Standards Code, including the 2025 Wildland-Urban Interface and related local amendments,
33 including the addition of spark arrestors on outdoor fire pits and the prohibition of fireworks
(Community Development Department)
Recommended Action
Introduce for first reading by title only and with further reading waived, Ordinance No. 673: “An Ordinance of the City Council of the City of Morro Bay, California, repealing, amending and reenacting Chapters 14.01 – 14.12 of Title 14 (Buildings and Construction) of the Morro Bay Municipal Code, thereby adopting by reference and amending the 2025 California Building Code (Volumes 1 and 2), Residential, Electrical, Mechanical, Plumbing, Energy, Historical Building, Fire, Existing Building, Green Building, Administrative, and Reference Standards Codes, the 2021 International

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Property Maintenance Code, the 1997 Uniform Code for the Abatement of Dangerous Building Code, and the 2025 Wildland-Urban Interface Code.”

8. BUSINESS ITEMS

8.a Determination of Public Convenience or Necessity for ABC License - 640 Quintana Road, Morro Bay Cigarettes
62 (Police Department)
Recommended Action
Do not make findings to support the Determination of Public Convenience or Necessity (PCN) that would allow the sales of alcohol with use of a Type 21 – General license for Morro Bay Cigarettes, Inc. at 640 Quintana Road.

8.b Quarterly Update on the Status of City Council Goals 66 (City Manager)
Recommended Action
Receive an update from staff on the City’s progress on City goals established in March 2025.

9. COUNCIL DECLARATION OF FUTURE AGENDA ITEMS

10. ADJOURNMENT
The next Regular Meeting will be held on November 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.

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1 MINUTES - MORRO BAY CITY COUNCIL

CLOSED SESSION MEETING
October 13, 2025, 2:00 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 Manager Andrea Lueker
City Attorney Brian Stack
Finance Director Emily Conrad
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 2:00 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 CONFERENCE WITH REAL PROPERTY NEGOTIATOR - GOVERNMENT CODE SECTION 54956.8
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; Emily Conrad, Finance Director; Andrea Lueker, Interim City Manager; Brian Stack, City Attorney
Negotiations: Price and Terms of Payment

4.b CONFERENCE WITH REAL PROPERTY NEGOTIATOR - GOVERNMENT CODE SECTION 54956.8

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2 Property: APNs 066-331-032, -033, and -034; 160/180 Atascadero Road and 1700 Embarcadero
Property Negotiator: Cayucos Sanitary District
Agency Negotiators: Greg Kwolek, Public Works Director; Andrea Lueker, Interim City Manager; Brian Stack, City Attorney
Negotiations: Price and Terms of Payment

4.c CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Significant exposure to litigation pursuant to Government Code subdivision 54956.9(d)(2): One Matter

5. RECONVENE IN OPEN SESSION
The City Council reconvened in Open Session and City Attorney Stack announced the Council did not take any reportable action pursuant to the Brown Act.

6. ADJOURNMENT
The meeting adjourned at 3:10 p.m.

Respectfully submitted,
/s/ Dana Swanson, City Clerk

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1 MINUTES - MORRO BAY CITY COUNCIL

CLOSED SESSION MEETING
October 14, 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: Interim City Manager Andrea Lueker
City Attorney Brian Stack
Human Resources/Risk Manager Rachael Hendricks
Executive Recruiter Roberta Greathouse, Peckham & McKenney _____________________________________________________________________

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
City Manager pursuant to Government Code Section 54957.

5. RECONVENE IN OPEN SESSION
The City Council reconvened in Open Session and City Attorney Stack announced the Council did not take any reportable action pursuant to the Brown Act.

6. ADJOURNMENT
The meeting adjourned at 4:48 p.m.

Respectfully submitted,
/s/ Dana Swanson, City Clerk

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1 MINUTES - MORRO BAY CITY COUNCIL

REGULAR MEETING
October 14, 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 Manager Andrea Lueker
City Attorney Brian Stack
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. PLEDGE OF ALLEGIANCE

3. REPORTS

3.a Closed Session Report
City Attorney Stack announced the Council met in closed session on Monday, October 13, to discuss two real property matters and one potential litigation matter. No reportable action was taken under the Brown Act for that meeting.

The Council also met in closed session on Tuesday, October 14, to discuss the City Manager recruitment and no reportable action was taken under the Brown Act.

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

3.c City Manager Reports, Announcements and Presentations

3.d Subcommittee Reports - Verbal Update of Current Subcommittee Activities a. Water Reclamation Facility & Morro Bay / Cayucos Sanitary District JPA b. Morro Bay Power Plant (Vistra)

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2 c. Offshore Wind Energy
d. Morro Elementary School

4. RECOGNITION AND PRESENTATIONS

5. PUBLIC COMMENT
 Members of the Morro Bay 4-H Club shared information regarding their programs in honor of National 4-H Week. For more information, contact [email protected].
 Linda Winters, Morro Bay, encouraged residents to prepare in advance for weather-related events.
 Jeff Heller, Morro Bay, appreciated the work of the Council and City staff.  Nicole Dorfman, Morro Bay resident and member of REACT Alliance, announced an upcoming event on Saturday, October 25, from 6:00 - 10:00 p.m. at Shindig in San Luis Obispo.
 Garry Johnson, Morro Bay, acknowledged visitors place a burden on City services, hoped for more information regarding paid parking at the Rock and was not supportive of paid parking at the boat ramp or charging Morro Bay residents a fee for parking.
 Margaret Carman, Morro Bay, announced SLOCOG was hosting a community forum regarding the Climate Resiliency Plan on Oct 22, from 6:00 - 7:30 p.m. at the Nazarene Church in Los Osos. She also asked whether the contractor would be held responsible for costs associated with the City's response to a recent broken water line.
 Betty Winholtz, Morro Bay, requested all department heads be seated in the front of the room.
 Cal Myers, Morro Bay, clarified the movie night being planned by Friends of the Morro Bay Harbor Dept will be held on Thursday before the Lighted Boat Parade.  Katie Schlott, Morro Bay, thanked City for taking the Morro Elementary negotiations seriously.

End of public comment.

Mayor Wixom announced Item 6.f. is being pulled from the agenda and moved to the next meeting.

Mayor Wixom opened public comment for items on the Consent Agenda.  Betty Winholtz, Morro Bay, expressed concern regarding Item 6.g and hoped the Council would set parameters on those discussions.

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3 End of public comment.

Mayor Wixom pulled Item 6.g. Council Member Luffee pulled Item 6.c.

Motion by Council Member Landrum
Seconded by Council Member Eckles
Approve Consent Agenda items except 6.c, 6.f and 6.g as submitted.

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

6.a Approval of Minutes
Approve as submitted.
a. September 23, 2025 - Regular Council Meeting
b. September 23, 2025 - Special Closed Session Meeting
c. September 23, 2025 - Special Meeting

6.b Approval of Proclamations
Approve as submitted.
a. Domestic Violence Awareness Month Proclamation

6.c Type 3 Fire Engine Vehicle Replacement
Fire Chief McCrain responded to Council questions regarding funding for the Type 3 replacement vehicle.

Motion by Council Member Landrum
Seconded by Council Member Luffee
Authorize the Fire Chief to sign a purchase agreement in the amount of $669,101.49 for a Pierce Type 3 Wildland Fire Engine to replace Engine 5371 through South Coast Fire Equipment using a Sourcewell Cooperative purchasing agreement.

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

6.d Adoption of Resolution No. 52-25 Authorizing the City of Morro Bay to Enter into a Fiscal Year (FY) 2025-26 Surrendered and Abandoned Vessel Exchange Grant Contract and Related Budget Amendment
Adopt Resolution No. 52-25 authorizing the Harbor Business Manager to execute and act as the City’s agent for the attached FY 2025-26 Surrendered and Abandoned Vessel Exchange Grant (SAVE) Agreement #C25S0605 with the State of California Department of Parks and Recreation, Division of Boating and

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4 Waterways (DBW) for $15,750.00 for funding to remove abandoned/surrendered vessels and hazards to navigation, and authorizing the related budget amendment.

6.e Adoption of Resolution No. 53-25 Authorizing the City of Morro Bay to Enter Into a Fiscal Year (FY) 2025-26 Boating Safety and Enforcement Equipment Grant Contract and Related Budget Amendment
Adopt Resolution No. 53-25, authorizing the Harbor Business Manger to execute and act as the City’s agent for the attached FY 2025-26 Boating Safety and Enforcement Equipment Grant (BSEE) Agreement # C25L0604 with the State of California Department of Parks and Recreation, Division of Boating and Waterways (DBW) in the amount of $32,689.96 to purchase two replacement transom assemblies and two outdrives, and authorizing the related budget amendment.

6.f Determination of Public Convenience or Necessity for ABC License - 640 Quintana Road, Morro Bay Cigarettes, Inc.

This item was pulled from the agenda.

6.g Letter of Interest from LOCSD regarding shared fire protection and emergency medical services
Fire Chief McCrain responded to Council inquiries regarding shared fire protection and emergency medical services for LOCSD. There was Council support for creating a subcommittee to participate in the analysis of obligations involved in providing shared services and how that might impact the level of service for our community.

Motion by Council Member Landrum
Seconded by Council Member Luffee
Authorize City staff to prepare a response to the letter of interest exploring shared fire and EMS services.

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

7. PUBLIC HEARING ITEMS

8. BUSINESS ITEMS

8.a Advisory Board Interviews and Citizens Oversight/Finance Advisory Committee Appointment
Mayor Wixom opened public comment for Item 8.a; seeing none, the public comment period was closed.

Michael Jones was unable to attend interviews due to illness and, given two more seats come available February 1, 2026, the Council agreed to hold his application open for the annual recruitment.

Mayor Wixom invited Mr. Branin forward to introduce himself.

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5 Motion by Council Member Landrum
Seconded by Council Member Luffee
Appoint Barry Branin to fill an unscheduled vacancy on the Citizens Oversight/Finance Advisory Committee (“CFAC”) for two years and carry forward the applicant that was unable to attend tonight.

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

8.b Adopt Resolution No. 54-25 revising the City of Morro Bay Community Grant Policy
Interim City Manager Lueker presented the report and responded to Council inquiries.

Mayor Wixom opened public comment for Item 8.b
 Dina Lundquist, Morro Bay Chamber of Commerce CEO, expressed concern the proposed policy changes disproportionately burden smaller organizations.
 Betty Winholtz, Morro Bay, opined the process was too formal and overly burdensome.

End of public comment.

Following individual comments and discussion, there was Council consensus to rescind the 2019 Community Grants Policy and reevaluate opportunities to support local non-profit groups by way of partnership agreements and event fee waivers.

Motion by Council Member Eckles
Seconded by Council Member Landrum
Rescind Resolution No. 67-19.

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

8.c Short-Term Rental Ordinance Implementation - Quarterly Update Community Development Director Singewald presented the report and responded to Council inquiries.

Mayor Wixom opened public comment on Item 8.c.
 Barry Branin, Morro Bay, suggested the STR ordinance be amended to eliminate the grandfather clause or impose a 3-to-5-year limit.

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6  Michelle Leicester-Cadaret, Morro Bay, supported limiting terms and requested fire pits be phased out.
 Betty Winholtz, Morro Bay, supported removing the grandfather clause, suggested unhosted hotels be required to comply with the STR ordinance, opposed issuance of new permits except for homeshares, and supported increased fines for non-compliance.
 Jeff Heller, Morro Bay, hoped for a reduction in the number of licenses and supported increased fines for non-compliance. He suggested residents be given authority to enforce rules and rescind licenses, offering the Palm Springs ordinance as a good example to follow.  Maggie Juren, Beach N Bay Getaways & U Relax Vacation Rentals, offered the STR permitting process was time consuming but effective, and urged the Council to not reduce the number of permits issued as there will be attrition due to non-transference of permit upon sale. She noted almost all licensed STRs would not convert to full home rentals and the housing shortage is largely due to second homes. She requested Council allow the current regulations time to achieve their intended purpose.

End of public comment.

The Council directed staff to return with an ordinance increasing fine amounts as allowed by SB 60 and reconsider the issuance of homeshare permits in January.

The Council took a brief recess at 7:45 p.m. and reconvened at 7:56 p.m. with all members present.

8.d Discussion and Request for Direction Regarding Potential to Establish Local Campaign Finance Contribution Limits
City Attorney Stack presented the report and responded to Council inquiries.

Mayor Wixom opened public comment for Item 8.d; seeing none, the public comment period was closed.

Following comments and discussion, there was Council consensus to direct staff to bring back an ordinance establishing a $500 campaign contribution limit with alternatives for enforcement.

9. COUNCIL DECLARATION OF FUTURE AGENDA ITEMS
Council Member Landrum requested the list of pending future agenda items be listed at the bottom of the agenda. Ms. Lueker offered to send it to Council on a monthly or bimonthly basis.

With the economic vitality goal in mind, Council Member Landrum requested discussion of a potential vacancy tax on commercial and residential properties. She hoped to find a way to encourage property owners along the Embarcadero to use vacant property for parking rather than taking steps to implement paid parking at the Rock and requested an update on the camping ordinance and massage business regulations.

10. ADJOURNMENT

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7 The meeting adjourned at 8:30 p.m.

Respectfully submitted,
/s/ Dana Swanson, City Clerk

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Prepared By: __BS___ Dept Review: ____
City Manager Review: _AL____City Attorney Review: ___BS_____ Staff Report
TO: Honorable Mayor and City Council DATE: October 23, 2025 FROM: Brian J. Stack, City Attorney
SUBJECT: Memorandum of Understanding Between San Luis Coastal Unified School District and City of Morro Bay

RECOMMENDED ACTION
Approve entering into the Memorandum of Understanding (“MOU”) with San Luis Coastal Unified School District (“School District”) for exclusive negotiations regarding the potential purchase of the Morro Elementary School Property (“Property”).

ALTERNATIVES
Do not approve entering into the MOU. The School District would be able to pursue other prospective buyers while the City negotiates the potential purchase of the Property.

FISCAL IMPACT
Entering into the MOU and engaging in exclusive negotiations with the School District would be supported by the General Fund and expected to be absorbed under existing budget authority. Future approval by the City Council in a noticed open session item would be required prior to the City entering into any purchase agreement for the Property.

BACKGROUND
The City and School District have engaged in various discussions over recent years regarding the City’s potential interest in purchasing the Property. More recently, following statutory notices from the School District, the City made a written offer to purchase thirty percent of the Property pursuant to provisions of the Naylor Act. The City subsequently also made a verbal offer for the entire Property.

While no agreement has been reached between the parties yet, there is a mutual desire to provide for an exclusive negotiation period outside of any applicable statutory time periods to provide assurances to the parties and the general public regarding the good faith negotiation efforts currently underway.

DISCUSSION
The MOU provides an exclusive negotiation period of 180 days, which either party may terminate early with 30 days’ notice. During this period, the School District would only negotiate with the City regarding the potential sale of the Property. The School District would not issue a request for proposals or otherwise seek other prospective buyers of the Property. In other words, the MOU would give the City up to 180 days to reach an agreement with School District regarding the purchase of AGENDA NO: 6.b
MEETING DATE: October 28, 2025

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2 the Property before potentially having to face competition from other prospective buyers. To be clear, the exclusive negotiation period is not the deadline for the City to complete any purchase of the Property. The MOU does not obligate either party to reach an agreement for the sale of the Property.

Expiration or earlier termination of the MOU would also not prevent the parties from continuing to negotiate.

On October 22, 2025, the School District’s Board of Trustees unanimously approved entering into the MOU. Attached is a copy of the MOU signed by Superintendent Dr. Eric Prater. The MOU would go into effect immediately upon execution by the City Manager following approval by the Council.

CONCLUSION/RECOMMENDATION
It is recommended that Council approve entering into the MOU with the School District for exclusive negotiations regarding the potential purchase of the Morro Elementary School Property.

ATTACHMENT(S)

1. Memorandum of Understanding Between San Luis Coastal Unified School District and City of Morro Bay

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Prepared By: ___DH_____ Dept Review: __GK__
City Manager Review: __AL__ City Attorney Review: _BS__ Staff Report
TO: Honorable Mayor and City Council DATE: October 23, 2025 FROM: Greg Kwolek – Public Works Director
SUBJECT: Adopt Resolution Nos. 55-25 and 56-25 for Grant Applications for Potential Rancho Colina Utilities Consolidation

RECOMMENDED ACTION
Adopt Resolution Nos. 55-25 and 56-25 for the Clean Water State Revolving Fund (CWSRF) and Drinking Water State Revolving Fund (DWSRF) Grant Applications for the Rancho Colina Consolidation Evaluation Projects. These resolutions only modify previously approved City Council Resolution Nos. 51-23 and 52-23.

ALTERNATIVE
The City Council can also not approve the resolutions and provide other direction to staff.

BACKGROUND/DISCUSSION
The Rancho Colina Mobile Home Community is a Disadvantaged Community located on Highway 41, approximately a 1/2 mile east of the existing City jurisdictional limits. The community currently has its own water and wastewater systems for its 69 Mobile Homes and 57 Recreational Vehicle (RV) camping sites.

Rancho Colina has received several wastewater violations notices from the State due to its failing infrastructure. To bring the wastewater system into compliance with their new General Permit for wastewater treatment, the Rancho Colina Wastewater Treatment Facility requires significant and expensive upgrades and repairs. An alternative to this approach is consolidation with the City of Morro Bay’s wastewater system. Of note, the State offers financial incentives to larger wastewater systems who allow smaller systems to consolidate. These incentives take the form of grants to complete other necessary upgrades in the larger system that enable the consolidation. For example, staff’s preliminary analysis indicates that to connect Rancho Colina, the City would likely need to complete Main/Atascadero Street Sewer Replacement projects to accommodate the additional sewer flows.

The cost of this upgrade, which is already in progress, could be offset by the financial incentives.

Additionally, the Rancho Colina water system has received several drinking water violations and experienced water supply outages. Rancho Colina’s groundwater wells have elevated nitrate concentrations and have nearly run dry during recent droughts, forcing Rancho Colina to truck in water from other wells in the Morro Basin. The State also offers financial incentives for larger water AGENDA NO: 6.c

MEETING DATE: October 28, 2025

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systems to consolidate in small systems. Staff’s preliminary analysis indicates that to connect City water service Rancho Colina, the City would likely need to complete the Nutmeg Pressure Zone Project to address fire flow. As with the wastewater example, the cost of this water upgrade could be offset by financial incentives.

In 2022, the Regional Water Quality Control Board (RWQCB) contacted the City regarding the potential for Rancho Colina to connect to the City’s water and wastewater utilities. Since Rancho Colina is classified as a Disadvantaged Community, there could be significant grant funding available from the CWSRF and DWSRF programs to pay for infrastructure upgrades to the City’s water and wastewater systems and pipelines to connect Rancho Colina. The first step in this process, which the City has already completed, is applying for CWSRF/DWSRF Planning Grants, which would provide funds to complete a consolidation feasibility evaluation and design of potential improvements.

After the design is complete, the City and Rancho Colina could apply for a Construction Grant funding to build the necessary infrastructure to complete the consolidation.

On September 13, 2022, the City Council authorized the City Manager to execute a cost share agreement with Rancho Colina Mutal Water Company in preparation of the CWSRF and DWSRF State Revolving Fund Planning Grant applications. On August 8, 2023, the City Council authorized the City Staff and the Mayor to execute two authorizing Resolution Nos. 51-23 and 52-23 to apply for the CWSRF and DWSF grants. On April 23, 2024, the City submitted CWSRF/DWSRF Planning Grant applications.

On September 20, 2025, the City was notified that both the drinking water and wastewater consolidation projects have been listed on the CWSRF and DWSRF Fundable Lists, meaning the State Water Resources Control Board has received all necessary application materials and identified it as a priority project for funding. The State is coordinating with the City to sort out final edits needed to complete the application review process. Once application materials have been revised where needed, the State will begin the process of preparing the funding agreements. It is anticipated that the CWSRF and DWSRF funding agreements will be completed by June 2026.

MODIFIED AUTHORIZING RESOLUTIONS
The State has requested slight language modifications to Council Resolution Nos. 51-23 and 52-23.

First, the State requested the removal of language referring to CWSRF in the DWSRF application and vice versa, in order to have two entirely separate authorizing resolutions. Second, the State requested language changes to specifically reference the name of the project (rather than a general description) and to match the project name to the general application forms.

Staff recommends City Council adopt Resolution Nos. 55-25 and 56-25 for the CWSRF and DWSRF Grant Applications for the Rancho Colina Consolidation Evaluation Projects.

ATTACHMENTS

1. Resolution No. 55-25 (CWSRF)

2. Resolution No. 56-25 (DWSRF)

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RESOLUTION NO. 55-25

RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF MORRO BAY, CALIFORNIA,

AUTHORIZING THE CITY MANAGER TO APPLY FOR STATE

REVOLVING FUND FINANCIAL ASSISTANCE, AND

AUTHORIZING THE EXECUTION OF SUCH AGREEMENT,

AND ANY OTHER ACTION REQUIRED, FOR PURPOSES OF

THE CLEAN WATER STATE REVOLVING FUND GRANT

THE CITY COUNCIL
City of Morro Bay, California
WHEREAS, on September 13, 2022, the City of Morro Bay (the "City") City Council authorized the City Manager to execute a Cost Share Agreement with Rancho Colina Mutual Water Company (Rancho Colina) to fund the preparation of Clean Water State Revolving Fund Planning Grant application for the Rancho Colina Consolidation Evaluation Project; and WHEREAS, if awarded, then the Planning Grants will provide the funding necessary to complete the wastewater utility consolidation feasibility evaluation, design of Rancho Colina wastewater connections, and necessary upgrades to City wastewater infrastructure (via OneWater projects) and application for the Clean Water State Revolving Fund (CWSRF) Construction Grant; and
WHEREAS, Rancho Colina is located on Highway 41, approximately a 1/2 mile east of the existing City jurisdictional limits and provides water, wastewater, and other services for approximately 69 Mobile Homes and 57 Recreational Vehicle (RV) camping sites; and WHEREAS, Rancho Colina's Wastewater Treatment Facility is in need of significant upgrades and repairs to meet the requirements of the new General Permit for wastewater treatment facilities discharging <100,000 gallons per day; and WHEREAS, the Regional Water Quality Control Board (RWQCB) has contacted the City regarding the potential for Rancho Colina to connect to the City's wastewater utilities. Due to the fact Rancho Colina provides wastewater services to the Rancho Colina Mobile home community, which is classified as a Disadvantaged Community, there is significant grant funding available in the CWSRF (up to $10M) programs to pay for infrastructure upgrades to the City's wastewater systems and connections to Rancho Colina; and
WHEREAS, preliminary analysis indicates to connect Rancho Colina, the City would likely need to complete Main/Atascadero Street Sewer Replacement ($7.9M) to accommodate the additional sewer flows; and
WHEREAS, connecting Rancho Colina to the City's wastewater system would allow the City to access CWSRF funding to reduce the costs to the City's rate payers for funding other necessary City projects; and
WHEREAS, this authorizing resolution makes minor updates to the previous Authorizing Resolution 51-23, adopted on the 8th day of August 2023.

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NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MORRO BAY, AS FOLLOWS:

SECTION 1. The City Manager (the "Authorized Representative") or designee is hereby authorized and directed to sign and file, for and on behalf of the City, a Financial Assistance Application for a grant agreement from the State Water Resources Control Board for the Rancho Colina Evaluation Consolidation Project (the "Project").

SECTION 2. This Authorized Representative, or his/her designee, is designated to provide the assurances, certifications, and commitments required for the financial assistance application, including executing a Financial Assistance Agreement from the State Water Resources Control Board and any amendments or changes thereto.

SECTION 3. The Authorized Representative, or his/her designee, is designated to represent the City in carrying out the City's responsibilities under the financing agreement, including certifying disbursement requests on behalf of the City and compliance with applicable state and federal laws.

PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof held on the 28th day of October 2025 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

RECUSED:

ATTEST:
______________________
Dana Swanson, City Clerk
______________________
Carla Wixom, Mayor

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RESOLUTION NO. 56-25

RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF MORRO BAY, CALIFORNIA,

AUTHORIZING THE CITY MANAGER TO APPLY FOR STATE

REVOLVING FUND FINANCIAL ASSISTANCE, AND AUTHORIZING THE

EXECUTION OF SUCH AGREEMENT, AND ANY OTHER ACTION

REQUIRED, FOR PURPOSES OF THE DRINKING WATER STATE

REVOLVING FUND GRANT

THE CITY COUNCIL
City of Morro Bay, California
WHEREAS, on September 13, 2022, the City of Morro Bay (the "City") City Council authorized the City Manager to execute a Cost Share Agreement with Rancho Colina Mutual Water Company (Rancho Colina) to fund the preparation of Drinking Water State Revolving Fund Planning Grant application for the Rancho Colina Consolidation Evaluation Project; and WHEREAS, if awarded, then the Planning Grants will provide the funding necessary to complete the water utility consolidation feasibility evaluation, design of Rancho Colina water connections and necessary upgrades to City water infrastructure (via OneWater projects) and application for the Drinking Water State Revolving Fund (DWSRF) Construction Grant; and WHEREAS, Rancho Colina is located on Highway 41, approximately a 1/2 mile east of the existing City jurisdictional limits and provides water, wastewater, and other services for approximately 69 Mobile Homes and 57 Recreational Vehicle (RV) camping sites; and WHEREAS, Rancho Colina’s groundwater wells have elevated concentrations of Nitrates and have nearly run dry during recent droughts, forcing Rancho Colina to truck in water from other wells in the Morro Basin; and
WHEREAS, the Regional Water Quality Control Board (RWQCB) has contacted the City regarding the potential for Rancho Colina to connect to the City’s water utilities. Due to the fact Rancho Colina provides water services to the Rancho Colina Mobile home community, which is classified as a Disadvantaged Community, there is significant grant funding available in the DWSRF (up to $6M) programs to pay for infrastructure upgrades to the City’s water systems and connections to Rancho Colina; and
WHEREAS, preliminary analysis indicates to connect Rancho Colina, the City would likely need to complete the Nutmeg Tank Replacement projects ($17.9M to accommodate the additional water demand; and
WHEREAS, connecting Rancho Colina to the City’s water system would allow the City to access DWSRF funding to reduce the costs to the City’s rate payers for funding other necessary City Projects; and
WHEREAS, this authorizing resolution makes minor updates to the previous Authorizing Resolution 52-23, adopted on the 8th day of August 2023.

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MORRO BAY, AS FOLLOWS:

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SECTION 1. The City Manager (the "Authorized Representative") or designee is hereby authorized and directed to sign and file, for and on behalf of the City, a Financial Assistance Application for a grant agreement from the State Water Resources Control Board for the Rancho Colinda Evaluation Consolidation Project (the "Project").

PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof held on the 28th day of October 2025 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

RECUSED:

ATTEST:
___________________________
Dana Swanson, City Clerk
___________________________
Carla Wixom, Mayor

Page 24 of 71 ends

Prepared By: ___AD_____ Dept Review: _GK___
City Manager Review: _AL___ City Attorney Review: _BS__ Staff Report
TO: Honorable Mayor and City Council DATE: October 21, 2025 FROM: Greg Kwolek, Public Works Director
Austin Della, PE, Senior Civil Engineer
SUBJECT: Authorize Purchase of $333,169 for Restroom from CXT for Coleman Park Project

RECOMMENDED ACTION
Authorize the City Manager to purchase a restroom from CXT for the Coleman Park Project in the amount of $333,169.

ALTERNATIVE
Do not authorize the purchase and provide other direction to staff.

FISCAL IMPACT
No new funding is requested for this purchase. Funding for the purchase of the restroom for Coleman Park is already included in the project budget as described below:

Fund Amount
Deferred Maintenance Fund $31,500
Castle Winds Community Development $40,000
Park Fee Fund/1975 Quimby Act $69,500
Proposition 68 Per Capita Program Grant $177,952
Rural Recreation & Tourism Grant $600,000
Total project Budget $918,952
To date, $182,365 of the project budget has been encumbered for the design services. Purchase of the restroom will leave $403,418 in the fund balance and is expected to be sufficient for the construction of the remainder of Phase 1 improvements, which beyond the restroom include a playground structure, ADA parking, and connecting pathways.

BACKGROUND
At their September 17, 2025, meeting, Recreation and Parks Commission (RPC) provided feedback on color, texture, and style for a new restroom at Coleman Park. During the meeting, the RPC stated a preference for the following: color scheme matching other City restrooms (blueline/greys) or earthtone colors, rock siding on lower section of restroom exterior (to match Morro Rock), windows above doors, water bottle refill station, and a communal sink outside rather than inside each stall.

Additionally, other suggestions were made during the meeting including consideration of only making two of the four stalls ADA, a flat roof, stall access on all four sides of the building rather than all on one side, showers, and a square-shaped building. In selecting the restroom recommended for AGENDA NO: 6.d
MEETING DATE: October 28, 2025

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2 purchase, staff considered RPC feedback as well as feedback from the maintenance division, who informed the project team on desirable features with the view of maintenance and longevity.

Attachment 1 of this staff report includes photos of a recently installed public restroom that will match the style of the staff recommended restroom to be installed at Coleman Park. Colors for the roof, trim, and exterior building, as well as other amenities shown have not yet been finalized. These selections will be reviewed and confirmed during the submittal stage of procurement to ensure the City addresses as many of the recommendations from the RPC and maintenance division when possible.

PROCUREMENT
City staff evaluated three restroom building vendors, each of which holds an active Sourcewell cooperative purchasing contract: Romtec, Public Restroom Company (PRC), and CXT. After reviewing product quality, lead times, and pricing, CXT was identified as the preferred vendor. The following summarizes the key differences between the manufacturers:

Company Constr. Method Lead Time Cost
Romtec Conventional
(Site Built)
4–6 month $562,000
PRC Prefabricated
(Crane in Place)
8-month $350,000–$375,000
CXT Prefabricated
(Crane in Place)
4–6 month $250,000–$350,000
Romtec’s construction method utilizes a conventional, site-built approach, with a design and material cost of approximately $225,000 and an estimated installation cost of $337,500, for a total of about $562,000. While Romtec’s 4–6 month lead time fit within the project schedule, the total cost would require a significant increase in the project budget. The Public Restroom Company (PRC) provides modular, prefabricated units, with a total installed cost of $350,000–$375,000; however, the 8-month lead time would extend delivery beyond the City’s schedule, pushing completion to June 2026. CXT also offers a modular, pre-fabricated concrete structure, including concrete walls and roof, with a turnkey cost ranging from $250,000 to $350,000 and a 4–6 month lead time. Based on cost, schedule compatibility, and durability, CXT represents the most feasible and cost-effective option for the project.

To further confirm product performance, staff contacted references from agencies that have purchased and installed restroom buildings from all three manufacturers. Feedback indicated no significant quality concerns with any of the vendors. CXT was ultimately selected based on the best combination of quality, lead time, and cost for the City’s needs.

Given the immediate demand for the replacement of the Coleman Park restroom, staff proposes to proceed with the purchase of a restroom to keep the project on schedule with a delivery by Memorial Day in 2026. The CXT Ordering Information Packet (Attachment 2) includes design, permitting, materials, construction, delivery, placement on the prepared pad, and connection to utilities. The Packet has not been finalized. Staff is requesting the City Council authorize a purchase for the amount currently indicated in the Packet to serve as a maximum authorized cost, which then provides staff with flexibility to remove or potentially add items as needed to the order. Other improvements, such as the concrete pad, will be performed under a separate contract prior to the arrival of the restroom.

This purchase is being made through Sourcewell, a national cooperative purchasing program that provides competitively solicited contracts available for use by public agencies. Utilizing Sourcewell contracts allows the City to procure goods and services that have already been bid in accordance with applicable competitive purchasing requirements, consistent with California Public Contract Code Section 10298 and Morro Bay Municipal Code Chapter 3.08 (Purchasing Procedures). The use of a cooperative purchasing contract satisfies the City’s informal bidding requirements while taking advantage of volume-based pricing and reduced administrative effort.

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3 ATTACHMENTS

1. Photographs of selected restroom type

2. CXT Ordering Information Packet

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DK-4 with Horizontal Distressed Wood in
Natural Grey Color w/ red Ribbed Metal roof

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CXT® Precast Concrete Products manufactures restroom, shower and concession buildings in multiple designs, textures and colors. The roof and walls are fabricated with high strength precast concrete to meet all local building codes and textured to match local architectural details. All CXT buildings are designed to meet A.D.A. and to withstand heavy snow, high wind and category E seismic loads. All concrete construction also makes the buildings easy to maintain and withstand the rigors of vandalism. The buildings are prefabricated and delivered complete and ready-to- use, including plumbing and electrical where applicable. With thousands of satisfied customers nationwide, CXT is the leader in prefabricated concrete restrooms.

1. ORDERING ADDRESS(ES): CXT Precast Concrete Products, 606 N. Pines Road, Suite 202, Spokane Valley, WA 99206

2. ORDERING PROCEDURES: Fax 509-928-8270

3. PAYMENT ADDRESS(ES):

Remitting by check:

CXT, Inc., PO Box 676208, Dallas, TX 75267-6208
Remitting by ACH or wire transfer:

Beneficiary: CXT, Inc.

Beneficiary Bank: PNC Bank, Pittsburgh, PA
Account: 1077766885 ABA/Routing: 043000096
Email remittance details to [email protected]

4. WARRANTY PROVISIONS: CXT provides a one (1) year warranty. The warranty is valid only when concrete is used within the specified loadings.

Furthermore, said warranty includes only the related material necessary for the construction and fabrication of said concrete components. All other non-concrete components will carry a one (1) year warranty. CXT warrants that all goods sold pursuant hereto will, when delivered, conform to specifications set forth above. Goods shall be deemed accepted and meeting specifications unless notice identifying the nature of any nonconformity is provided to CXT in writing within the specified warranty.

CXT, at its option, will repair or replace the goods or issue credit for the customer provided CXT is first given the opportunity to inspect such goods.

It is specifically understood that CXT’s obligation hereunder is for credit, repair or replacement only, F.O.B. CXT’s manufacturing plants, and does not include shipping, handling, installation or other incidental or consequential costs unless otherwise agreed to in writing by CXT.

This warranty shall not apply to:

1. Any goods which have been repaired or altered without CXT’s express written consent, in such a way as in the reasonable judgment of CXT, to adversely affect the stability or reliability thereof;

2. To any goods which have been subject to misuse, negligence, acts of God or accidents; or

3. To any goods which have not been installed to manufacturer’s specifications and guidelines, improperly maintained, or used outside of the specifications for which such goods were designed.

5. TERMS AND CONDITIONS OF INSTALLATION (IF APPLICABLE): All prices subject to the “Conditions of Sale” listed on the CXT quotation form.

Customers are responsible for marking exact location building is to be set; providing clear and level site, free of overhead and/or underground obstructions; and providing site accessible to normal highway trucks and sufficient area for the crane to install and other equipment to perform the contract requirements. Site must allow for the crane to be within three feet of the building location and the truck to be within three feet of the crane.

Customer shall provide notice in writing of low bridges, roadway width or grade, unimproved roads or any other possible obstacles to access. CXT reserves the right to charge the customer for additional costs incurred for

ORDERING INFORMATION
special equipment required to perform delivery and installation. Customers will negotiate installation on a project-by-project basis, which shall be priced as separate line items. For more information regarding installation and truck turning radius guidelines please see our website at http://www. cxtinc.com.

In the event delivery of the building/s ordered is/are not completed within 30 days of the agreed to schedule through no fault of CXT, an invoice for the full contract value (excluding shipping and installation costs) will be submitted for payment. Delivery and installation charges will be invoiced at the time of delivery and installation.

Should the delivery and installation costs increase due to changes in the delivery period, this increase will be added to the price originally quoted, and will be subject to the contract payment terms.

In the event that the delivery is delayed more than 90 days after the agreed to schedule and through no fault of CXT, then in addition to the remedies above, a storage fee of 1-½% of contract price per month or any part of any month will be charged.
**Customer is responsible for all local permits and fees.

6. DELIVERY CHARGE: All prices F.O.B. origin prepaid and added to invoice.

CXT operates three (3) manufacturing plants in the United States and will deliver from the closest location on our carriers.

7. PAYMENT TERMS: All orders are cash in advance. At CXT’s discretion, credit may be given after approval of credit application. Payment to CXT by the purchaser of any approved credit amount is net 30 days after submission of invoice to purchaser. Interest at a rate equal to the lower of (i) the highest rate permitted by law; or (ii) 1.5% per month will be charged monthly on all unpaid invoices beginning with the 35th day (includes five (5) day grace period) from the date of the invoice. Under no circumstance can retention be taken. If CXT initiates legal proceeding to collect any unpaid amount, purchaser shall be liable for all of CXT’s costs, expenses and attorneys’ fees and costs of any appeal.

8. LIMITATION OF REMEDIES: In the event of any breach of any obligations hereunder; breach of any warranty regarding the goods, or any negligent act or omission of any party, the parties agree to submit all claims to binding arbitration. Any settlement reached shall include all reasonable costs including attorney fees. In no event shall CXT be subject to or liable for any incidental or consequential damages. Without limitation on the foregoing, in no event shall CXT be liable for damages in excess of the purchase price of the goods herein offered.

9. DELIVERY INFORMATION: All prices F.O.B. origin prepaid and added to invoice. CXT operates three (3) manufacturing plants in the United States and will deliver from the closest location on our carriers. Use the information below to determine the origin:
• F.O.B. 6701 E. Flamingo Avenue, Building 300, Nampa, ID 83687 applies to: AK, CA, HI, ID, MT, ND, NV, OR, SD, UT, WA, WY. • F.O.B. 901 North Highway 77, Hillsboro, TX 76645 applies to AR, AZ, CO, IA, KS, LA, MN, MO, MS, NE, NM, OK, TX.
• F.O.B. 362 Waverly Road, Williamstown, WV 26183 applies to AL, CT,

DE, FL, GA, IL, IN, KY, MA, MD, ME, MI, NC, NH, NJ, NY, OH, PA, PR, RI, SC, TN, VA, VT, WI, WV.
• Prices exclude all federal/state/local taxes. Tax will be charged where applicable if customer is unable to provide proof of exemption.

Rev. 07/09/2025

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DAKOTA — 11’ x 26’
Dakota with chase has two multiuser fully accessible
flush restrooms. Standard features include simulated
barnwood textured walls, simulated cedar shake
textured roof, vitreous china fixtures, 4-gallon water
heater, interior and exterior lights, off loaded, and set up at site.

Price Per Unit
Base Price $ $
Added Cost Options Click to
Select
Final Connection to Utilities $
Optional Wall Texture- choose one Split Face Block ($6,500) Custom Texture ($8,500) Optional Roof Texture Ribbed Metal $
Stainless Steel Water Closet (each) Qty:
$
Stainless Steel Lavatory (each) Qty: $
Stainless Steel Urinal (each) Qty: $
Electric Hand Dryer (each) Qty: $
Electronic Flush Valve (each) Qty: $
Electronic Lavatory Faucet (each) Qty: $
Electronic Urinal Valve (each) Qty: $
Paper Towel Dispenser (each) Qty: $
Toilet Seat Cover Dispenser (each) Qty: $
Sanitary Napkin Disposal Receptacle (each) Qty: $
Baby Changing Table (each) Qty: $
Marine Grade Skylight in Restroom (each) Qty: $
Marine Package (excluding fiberglass doors and frames) $ Exterior Mounted ADA Drinking Fountain w/Cane Skirt (each) Qty: $ 2K Anti-Graffiti Coating $
Optional Door Closure (each) Qty: $
Fiberglass Entry and Chase Doors and Frames (each) Qty: $ Timed Electric Lock System (2 doors- does not include chase door) (each) Qty: $ Exterior Frostproof Hose Bib with Box (each) Qty: $
Total for Added Cost Options: $
Custom Options: $
Engineering and State Fees: $
Estimated One-Way Transportation Costs to Site (quote): $ Estimated Tax: $
Total Cost per Unit Placed at Job Site: $
This price quote is good for 60 days from date below,
and is accurate and complete.

I accept this quote. Please process this order.

CXT Sales Representative Date Company Representative Date Individual User Option
$
Company Name
Signer's Name
(please type or print)
Exterior Mounted ADA Drinking Fountain w/Bottle Filler (each) Qty: $ 800.696.5766
cxtinc.com
109,566.00 109,566.00 7,000.00 ✔ 7,000.00 Reset Wall Texture 8,500.00 ✔ 6,500.00 6,500.00 4 2,500.00 ✔ 10,000.00 4 1,750.00 ✔ 7,000.00 4 2,500.00 0.00 4 1,000.00 ✔ 4,000.00 4 1,500.00 ✔ 6,000.00 4 1,500.00 ✔ 6,000.00 4 1,500.00 0.00 1 6,500.00 0.00 4 850.00 ✔ 3,400.00 2 1,800.00 ✔ 3,600.00 4,500.00 ✔ 4,500.00 4 5,300.00 ✔ 21,200.00 5,000.00 ✔ 5,000.00 2 2,500.00 ✔ 5,000.00 1 1,200.00 ✔ 1,200.00 4 350.00 0.00 4 350.00 ✔ 1,400.00 4 150.00 ✔ 600.00 1 1,100.00 0.00 136,900.00 Installation Surcharge (Crane and DIR): 7000 Sloped Flat Roof:10,000 Outdoor Shower:4,500 21,500.00 7,500.00 33,600.00 24,103.00 333,169.00 Manuel
Alvarado
Digitally signed by
Manuel Alvarado
Date: 2025.09.10
14:56:43 -07'00' 27,500.00 ✔ 27,500.00 1 8,500.00 ✔ 8,500.00

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OPTIONS
Exterior Color(s) (For single color mark an X. For two-tone combinations use W = Walls and R = Roof.) Amber Rose Berry Mauve Buckskin Cappuccino Cream
Charcoal Grey Coca Milk Evergreen Georgia Brick
Golden Beige Granite Rock Hunter Green Java Brown
Liberty Tan Malibu Taupe Mocha Caramel Natural Honey
Nuss Brown Oatmeal Buff Pueblo Gold Raven Black
Rich Earth Rosewood Sage Green Salsa Red
Sand Beige Sun Bronze Toasted Almond Western Wheat
Special roof color # Special wall color #
Special trim color #
Basalt* Mountain Blend* Natural Grey* Romana*
Door Opener
Non-locking ADA Handle Privacy ADA Latch Pull Handle/Push Plate Deadbolt
Notes:

Ribbed Metal*
Wall Texture(s)(For single texture mark an X. For top and bottom textures use T = Top and B = Bottom.) (*If option is not available verify custom wall texture option is selected on previous page.) Split Face Block* Board & Batt* Stucco*
Brick*
Horizontal Lap*
Distressed Wood*#
Rock Wall Texture (bottom texture only)
(*If option is not available verify custom wall option is selected on previous page.) Napa Valley* River Rock* Flagstone* Stacked Rock*
#
#Textures not included in CXT’s quote are additional cost.

Accessible Signage
Men Women Unisex
Toilet Paper Holder
2-Roll Stainless Steel 3-Roll Stainless Steel
Cedar Shake
Barnwood
800.696.5766
cxtinc.com
Rock Color (*If option is not available verify custom wall option is selected on previous page.) Use an X to mark options.

Roof Texture (*If option is not available verify optional roof texture option is selected on previous page.) X
✔
✔

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Prepared By: _AMS_________Dept Review: __AMS______
City Manager Review: _AL_ City Attorney Review: __BS___ Staff Report
TO: Honorable Mayor and City Council DATE: 10/14/2025
FROM: Airlin M. Singewald, Community Development Director SUBJECT: Ordinance No. 673, repealing and reenacting multiple chapters of Title 14 (Buildings and Construction) of the MBMC to incorporate the 2025 California Building Standards Code, including the 2025 Wildland-Urban Interface Code and related local amendments, including the addition of spark arrestors on outdoor fire pits and the prohibition of fireworks

RECOMMENDED ACTION
Introduce for first reading by title only and with further reading waived, Ordinance No. 673: “An Ordinance of the City Council of the City of Morro Bay, California, repealing, amending and reenacting Chapters 14.01 – 14.12 of Title 14 (Buildings and Construction) of the Morro Bay Municipal Code, thereby adopting by reference and amending the 2025 California Building Code (Volumes 1 and 2), Residential, Electrical, Mechanical, Plumbing, Energy, Historical Building, Fire, Existing Building, Green Building, Administrative, and Reference Standards Codes, the 2021 International Property Maintenance Code, the 1997 Uniform Code for the Abatement of Dangerous Building Code, and the 2025 Wildland-Urban Interface Code.”

ALTERNATIVES
Staff does not recommend any alternatives to adopting Ordinance No. 673 for the Building Code Update.

FISCAL IMPACT
None. The ordinance does not modify any of the City of Morro Bay adopted permit or impact fees.

BACKGROUND/DISCUSSION
The 2025 California Building Standards Code will become effective statewide on January 1, 2026.

The California Building Standards Code is published by the California Building Standards Commission and is located in Title 24 of the California Code of Regulations (CCR). The building standards in the California Building Standards Code are State regulations, adopted by various State agencies in the Executive Branch of State government. State laws require various State agencies to develop building standards for specific types of buildings, building equipment and other features. The provisions of CCR Title 24 include requirements for the structural, plumbing, electrical and mechanical systems of buildings, and for fire and life safety, energy conservation, and accessibility in buildings.

All architects, engineers, designers, developers, owners and contractors must be familiar with the AGENDA NO: 7.a
MEETING DATE: October 28, 2025

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codes in effect at the time of plan submittal. The City’s Building Division, as required by State law, cannot approve projects that do not comply with the codes in effect at the time of plan submittal. All projects submitted on or before December 31, 2025, are permitted to comply with the 2022 Edition of the California Building Standards Code.

Beginning on January 1, 2026, The City of Morro Bay is required by State Law to enforce the 2025 Edition of the California Building and Standards Code (also known as Title 24 of the California Codes of Regulations).

The State of California Building Standards Commission adopts new State standards, which cities and counties are then mandated to adopt. If codes are not adopted locally, then cities and counties are required to follow State Codes only. The 2025 California Building Codes are codified in the City of Morro Bay Municipal Code (MBMC) and adopted by reference to allow local deviations/amendments from the State Code, as determined necessary by the local jurisdiction (City). The codification process also enables the City to enforce the Building Code through the local methods and processes contained in the MBMC.

Typically, the State updates the Building and Construction codes every three years. However, under newly enacted California law (AB 130), the State will effectively “pause” updates to the residential building code between October 1, 2025 and June 1, 2031 – meaning that the 2025 California Building Standards Code will remain the operative standard for residential construction during that period, with no 2028 update or intervening residential code changes permitted.

The law also temporarily prohibits local jurisdictions from adopting more stringent residential building standards than the State’s Title 24 except under a few limited exceptions (for example, wildfire “home-hardening” measures, emergency health/safety standards, or modifications already adopted during previous Building Code cycles).

In November 2023, the Council directed staff to return with a future agenda item to amend the Building Code to require elevators in housing developments. Staff recommends removing this as a future agenda item, since such an amendment would be prohibited by State law until 2031. 2025 California Building Code Standards – Key Changes
The following is a summary of key changes included in the 2025 California Building Code update:

Energy / Decarbonization and Heat Pumps
 The 2025 Energy Code strengthens requirements for heat pumps for both space heating and water heating in newly constructed buildings (single-family, multi-family, and some nonresidential). Specifically, gas space heating and water heating are not allowed under the 2025 prescriptive approach1for energy calculations.
 Commercial kitchens and multifamily buildings must now be designed “electric ready” in certain ways (wiring, infrastructure) to facilitate switching to electric appliances (water hearing, cooking, etc.).
 New commercial buildings required to have photovoltaic systems (PV) must now have energy storage systems (ESS).

1 A fixed “checklist” of minimum efficiency measures (e.g. insulation R-values, window U-factors, HVAC system types) that must be followed exactly.

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Ventilation / Indoor Area Quality
 Strengthened ventilation requirements in multi-family buildings to improve indoor air quality.  For some existing buildings (e.g., when replacing large rooftop HVAC systems in schools, offices, libraries, etc.), higher efficiency standards and heat pump options are required.

Accessibility / Sustainability / General Safety
 Accessibility provision for allowing a single accessible toilet room when full accessibility isn’t technically feasible.
 CALGreen includes new requirements for bicycle parking in non-residential, residential, and hotel/motel occupancies.
 Two-way communication systems are now required in stairways, elevator lobbies, and horizontal exits.
 Facilities manufacturing or storing lithium-ion batteries are now classified moderate to highhazard occupancies requiring automatic sprinkler systems.

Wildfire / Windland Urban Interface (WUI) Code
A major component of the 2025 Building Code Update is the inclusion of a new California WildlandUrban Interface Code. This code consolidates existing provisions from multiple sources —including Chapter 7A of the Building Code, portions of the Residential Code, the Fire Code, and others—into a single, cohesive framework. It features a reorganized structure and clearer requirements for projects located in WUI areas. The new code also imposes more stringent standards for design, materials, and construction to enhance fire resistance and address ignition zones.

Where do the WUI requirements apply?
The WUI code applies to new construction in State Responsibility Areas (SRAs) in the Moderate, High, and Very High Fire Hazard Severity Zones and Local Responsibility Areas (LRAs) in the High and Very High Fire Hazard Severity Zone. The Morro Bay city limits is within the LRA. On June 10, 2025, the Council adopted the State Fire Marshal’s fire hazard severity zone maps, which place portions of North Morro Bay in the High Fire Hazard Severity Zones and portions of South Morro Bay in both the High and Very High Fire Hazard Severity Zones.

The following maps (from Chief McCrain’s presentation to City Council on May 27, 2025) identify the High and Very High Fire Hazard Severity Zones, where the WUI requirements would apply to new construction projects. The WUI requirements would apply to new structures, additions, remodels, and alterations. For remodels and alterations, the WUI requirements only apply to new work. For example, if a homeowner proposes to reroof their house or replace windows, the new materials (roofing or windows) would have to meet the WUI code, but the rest of the existing structure would not have to be retrofitted to meet the WUI code.

All State Building Codes, including the current fire safety requirements (Chapter 7A, etc.), are applied to projects at the time of application for a construction permit. This means that projects with previously approved land use permits, and Coastal Development Permits will have to comply with the new WUI requirements if they apply for construction permits after January 1, 2026.

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Do WUI requirements apply to existing development?
As described above, the WUI requirements apply to new construction or renovation projects that exceed specific thresholds, thereby requiring compliance with current building codes. Existing homes in the area will not need to meet the new standards unless they undergo construction that exceeds these thresholds. Under existing law, sellers of properties in a High or Very High Fire Severity Zone

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are required to provide the buyer with documentation of compliance with defensible requirements upon sale.

Does the WUI code increase defensible space requirements? No. The City’s recently updated defensible space guidelines, which match the State’s guidelines, apply to all properties citywide. The WUI code does not expand or increase these requirements.

Local Amendments to the Building / Fire Code
The City’s Building and Construction Code, Title 14 of the Municipal Code, incorporates the State Building Codes by reference and adopts local modifications to the State codes. The attached ordinance would repeal and re-adopt these local modifications. In the past, the City has used the Building Code update cycle to adopt new local amendments. However, as described above, recent State law limits the City’s ability to adopt new local modifications applicable to residential units during this Building Code cycle. Therefore, only the following local modifications to the Fire Code unrelated to residential unit construction are being proposed.

In an effort to reduce the risk of fire caused loss of life, property, and damage to the environment the Morro Bay Fire Department is recommending two modifications to the California Fire Code for the City of Morro Bay. The first modification is related to the use of fire pits within the city. For fire pits that are fueled by combustible fuel types other than propane or natural gas they will be required to be operated with a spark arrestor in place. The spark arrestor shall be constructed of a noncombustible material with openings equivalent to ¼” wire mesh or smaller. The use of a spark arrestor is to limit the spread of embers from burning wood, fire logs, and other materials prone to casting embers during combustion. Backyard fire pits are a low cost recreational activity for families looking for an outdoor activity. The Bureau of Land Management (BLM) requires a minimum of 5 feet clearance around a campfire for fire safety, our ordinance requires 15 feet for additional fire safety due to the limited separation of parcels in the city. Many properties have converted to propane or natural gas as a safer alternative to wood fired models. For those still using traditional combustibles the addition of a spark arrestor is a low cost method to reduce fire risk. Fires potentially hazardous or resulting in smoke causing a nuisance in the opinion of the Fire Chief remain subject to extinguishment orders under existing local Fire Code amendments.

The second modification to the Fire Code is to remove the local allowance for “Safe and Sane” labeled fireworks within the City of Morro Bay due to increasing concerns over fire risk in the community, impacts to the environment, and potential impacts to wildlife. Currently “Safe and Sane” fireworks are allowed under local ordinance to be utilized on private property in the city. Removal of the local allowance for “Safe and Sane” fireworks means all fireworks with the exception of a permitted display conducted by licensed operators would be prohibited. Illegal firework use within the City of Morro Bay happens annually and determining if the fireworks being utilized are legal or illegal can present challenges for fire and law enforcement personnel during these holiday celebrations. In addition to reducing fire risk, prohibiting all fireworks (except permitted displays by licensed operators) can help limit the impacts on community members that are sensitive to noise, limit the impacts of trash and debris on public spaces and beaches, and be potentially less harmful to wildlife.

PUBLIC HEARING NOTICE
Notice of the public hearing on this item was published in the San Luis Obispo Tribune newspaper on October 16, 2025

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CONCLUSION
Staff recommends the City Council introduce for first reading by title only, with further reading waived, Ordinance No. 673, which repeals and reenacts multiple chapters of Title 14 (Buildings and Construction) of the Morro Bay Municipal Code to incorporate the 2025 California Building Standards Code — including the 2025 Wildland-Urban Interface (WUI) Code — along with related local amendments.

If Ordinance 673 is introduced, then it will be presented for a second reading and adoption at the Council meeting on November 12, 2025. If adopted, the Ordinance and new Morro Bay Building Codes will become effective January 1, 2026.

ATTACHMENT

1. Ordinance 673, “Red-lined” changes to Chapter 14.01-14.12 of the MBMC

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Ordinance No. 673

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ORDINANCE NO. 673

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, CALIFORNIA, REPEALING, AMENDING AND REENACTING CHAPTERS 14.01-

14.12 OF TITLE 14 (BUILDINGS AND CONSTRUCTION) OF THE MORRO BAY

MUNICIPAL CODE, THEREBY ADOPTING BY REFERENCE AND AMENDING THE 2025 CALIFORNIA BUILDING (VOLUMES 1 AND 2), RESIDENTIAL, ELECTRICAL,

MECHANICAL, PLUMBING, ENERGY, HISTORICAL BUILDING, FIRE, EXISTING

BUILDING, GREEN BUILDING, ADMINISTRATIVE, AND REFERENCE STANDARDS CODES, THE 2021 INTERNATIONAL PROPERTY MAINTENANCE CODE, THE 1997 UNIFORM CODE FOR THE ABATEMENT OF DANGEROUS BUILDINGS, AND THE 2025 WILDLAND-URBAN INTERFACE CODE

THE CITY COUNCIL

CITY OF MORRO BAY, CALIFORNIA
WHEREAS, there are certain state and model codes relating to buildings, construction, fire and life safety as follows:

A. 2025 California Building Code (volumes 1 and 2)
B. 2025 California Residential Code
C. 2025 California Electrical Code
D. 2025 California Mechanical Code
E. 2025 California Plumbing Code
F. 2025 California Energy Code
G. 2025 California Historical Building Code
H. 2025 California Fire Code
I. 2025 California Existing Building Code
J. 2025 California Green Building Standards Code
K. 2025 California Administrative Code
L. 2025 California Referenced Standards Code
M. 2024 International Property Maintenance Code
N. 1997 Uniform Code for the Abatement of Dangerous Buildings O. 2025 Wildland-Urban Interface Code
WHEREAS, Government Code § 50022.1, et seq. and Health and Safety Code § 17922 authorize the City to adopt by reference the California Building Standards Code as provided in Titles 24 and 25 of the California Code of Regulations and other codes, including, without limitation, the 2024 International Property Maintenance Code, the 1997 Uniform Code for the Abatement of Dangerous Buildings, and the 2025 Wildland-Urban Interface Code; and WHEREAS, pursuant to Health and Safety Code § 17950 and 18938(b), the California Building Standards Code is applicable to all occupancies throughout the State of California, whether or not the City takes affirmative action to adopt the California Building Standards Code;

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and
WHEREAS, Health and Safety Code § 17960, requires a local building department to enforce State Housing Law, the California Building Standards Code, and the implementing regulations of the Department of Housing and Community Development for residential structures; and
WHEREAS, Health and Safety Code § 17958.5 allows the City to make those changes or modifications to the requirements contained in the provisions published in the California Building Standards Code as it determines, pursuant to the provisions of Health and Safety Code § 17958.7, are reasonably necessary because of local climatic, geological, or topographical conditions; and
WHEREAS, pursuant to the immediately foregoing Health and Safety Code sections and Health and Safety Code § 18941.5, certain express findings have been made and are as follows:

FINDINGS

1. The topographic, underlying geologic and surface soil conditions of the hillsides of the City of Morro Bay are of a gradient and composition such that movement has historically been known to occur. Soils testing has revealed the presence of potentially hazardous geologic conditions, including expansive soils, questionable soils, soils prone to liquefaction and seasonally high groundwater. Therefore, it is reasonably necessary to adopt regulations for grading operations that are more detailed and restrictive than those adopted by the State of California and codified in the California Building Standards Code.

2. Due to topographic and geologic conditions, development in Morro Bay has historically been constrained such that building occurred predominantly in the flatter areas, a scarcity of which resulted in the creation of small lots and the construction of structures in relatively close proximity to one-another. Those conditions are known to be conducive to the spread of fire and, therefore, it is reasonably necessary to adopt standards more restrictive than those adopted by the State of California and codified in the California Building Standards Code and California Fire Code for the installation of automatic fire sprinklers on new and existing buildings, limiting the use of wood shakes or shingles, and to otherwise establish construction and fire prevention regulations more restrictive than those adopted by the State of California and codified in the California Building Standards Code to reduce and minimize the potential for loss of and damage to life and property resulting from fire, hazardous materials, explosions and to protect firefighters and emergency personnel during emergency operations. More particularly, this finding supports the modification of California Building Code, California Fire Code, California Residential Code and California Electrical Code.

3. Due to topographic conditions and in order to protect the estuarine environment of and adjacent to the City of Morro Bay, it is reasonably necessary to adopt regulations more restrictive than those adopted by the State of California and codified in the California

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Building Standards Code, creating more stringent thresholds for when a building permit is required for construction of sidewalks, driveways, decks, paving, or flatwork, prohibiting the construction of private sewage disposal systems and requiring the installation of sewer backwater valves. More particularly, this finding supports the modification of California Building Code Section 105.2, California Plumbing Code section 713.0, and the addition of Plumbing Code section 709.5.

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

SECTION 1. The City Council hereby declares and adopts the foregoing recitals and findings as true and correct and they are incorporated herein.

SECTION 2. The City Council has considered the changes that are proposed with respect to the matter described above. The City Council has, as a result of its consideration, the evidence presented at the hearings on said matter, and all comments that were received during the public hearing process, determined that this activity is exempt from review pursuant to Section 15061(b)(3) which provides that an activity is not subject to CEQA review where it can be seen with certainty that there is no possibility that it may have a “significant effect on the environment.” The City Council finds that it can be seen with certainty that there is no possibility that the adoption and amendment of the 2025 State Building Code may have a significant effect on the environment because there is no substantial evidence that the adoption of this ordinance will have a significant effect on the environment. The City Council hereby approves this adoption and amendment of the 2025 Building Code in accordance with the California Environmental Quality Act.

SECTION 2. Effective January 1, 2026, Chapters 14.01-14.12 of the Morro Bay Municipal Code are hereby repealed and reenacted to read as follows (with redline changes below to show amendments made):

Chapter 14.01

GENERAL
Sections:

14.01.010 Title and Purpose.

14.01.020 Adoption of Codes.

14.01.030 Building Official and Fire Chief Designated.

14.01.010 - Title and Purpose.

This title shall be known and may be cited as "The Buildings and Construction Ordinance of the City of Morro Bay," Title 14 of the Morro Bay Municipal Code (MBMC). These regulations are hereby established and adopted to protect and promote public health, safety and welfare. This title establishes minimum regulations for construction, fire prevention, and the use and

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occupancy of buildings and other structures. This title prescribes regulations and standards that are consistent with the State Housing Law of California.

14.01.020 - Adoption of Codes.

Fourteen Fifteen documents, one each of which are on file in the office of the Building Official, identified by the seal of the City of Morro Bay, marked and designated as the:

A. 2022 2025 California Building Code (volumes 1 and 2), B. 20222025 California Residential Code,
C. 2022 2025 California Electrical Code,
D. 2022 2025 California Mechanical Code,
E. 2022 2025 California Plumbing Code
F. 2022 2025 California Energy Code
G. 2022 2025 California Historical Building Code,
H. 2022 2025 California Fire Code,
I. 2022 2025 California Existing Building Code,
J. 2022 2025 California Green Building Standards Code,
K. 2022 2025 California Administrative Code,
L. 2022 2025 California Referenced Standards Code,
M. 2021 2024 International Property Maintenance Code,
N. 1997 Uniform Code for the Abatement of Dangerous Buildings, published by the International Conference of Building Officials, and
N.O. 2025 Wildland-Urban Interface Code
are hereby adopted, including chapters and sections not otherwise adopted by agencies of the State of California, and the appendices thereto as the buildings, construction, and fire prevention regulations of the City of Morro Bay. The provisions of the above-mentioned are hereby referred to, adopted, and made a part hereof as if fully set out in this title except as modified hereinafter.

14.01.030 - Building Official and Fire Chief Designated.

The City’s community development director is hereby designated as the building official and building code official for the City of Morro Bay. The fire chief is hereby designated as the Fire Code Official for the City of Morro Bay. Where the “authority having jurisdiction” is used in the adopted codes, it shall mean the building official or the fire chief, as applicable.

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Ordinance No. 673

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Chapter 14.02

ADMINISTRATION AND ENFORCEMENT
Sections:

14.02.010 Administration and Enforcement.

14.02.020 Modification of Division II of Chapter 1 of the California Building Code.

14.02.010 - Administration and Enforcement.

The administration and enforcement of this title shall be in accordance with Division II of Chapter 1 of the California Building Code as adopted, modified, amended, and supplemented herein.

14.02.020 - Modifications of Division II of Chapter 1 of the California Building Code.

The California Building Code, adopted in Section 14.01.020, is hereby modified, amended, and supplemented as follows:

A. Amend Section 103.1 to read as follows:
103.1 Creation of Enforcement Agency. The Building Division of the Community Development Department of the City of Morro Bay is hereby created and the official in charge thereof shall be known as the Building Official. Where reference is made to the Authority Having Jurisdiction or Code Official in the adopted Codes, it shall mean the Building Official.

B. Add Section 104.8.2 to read as follows:
104.8.1 Liability or Responsibility due to Error or Omission. This title shall not be construed so as to impose upon the City, or upon any of its officials or employees, any liability or responsibility for injury or damage resulting from any work approved or performed with respect to this title, or by reason of any inspection performed hereunder. No person shall be relieved of the responsibility of compliance with this title because of an error or omission made by a city official or employee.

C. Add Section 104.9.2 to read as follows:
104.9.2 Cargo Containers, Rail Cars, and Vehicle Bodies. Any person who intends to bring into the City or otherwise use, alter or relocate within the City any cargo container, streetcar, boxcar, refrigerator car, motorbus body or similar vehicle body for the purpose of use or occupancy, shall first make application to the Building Official and obtain the required permit. The application shall demonstrate the proposed use, occupancy, structure, construction, and alteration will conform to the provisions of this title.

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D. Amend Section 109.2 to read as follows:
109.2 Schedule of permit fees. Permit fees shall be as prescribed in the City’s Master Fee Schedule.

E. Amend Section 113 to read as follows:

SECTION 113

BOARD OF APPEALS
113.1 General. In order to hear and decide appeals of orders, decisions or determinations made by the Building Official relative to the application and interpretation of the technical provisions this code, there shall be and is hereby created a board of appeals. The board of appeals shall be appointed by the City Council and hold office at its pleasure. The Building Official shall be an ex officio member and shall act as secretary to the board but shall have no vote upon any matter before the board. The board shall adopt rules of procedure for conducting its business.

The board of appeals shall also serve as the Local Appeals Board, Housing Appeals Board, and Accessibility Appeals Board, as defined in Health and Safety Code § 17920.5, 17920.6 and 19957.5.
113.2 Limitations on authority. An application for appeal shall be based on a claim the true intent of this code or the rules legally adopted thereunder have been incorrectly interpreted, the provisions of this code do not fully apply, or an equally good or better form of construction is proposed. The board shall have no authority to waive requirements of this code, nor shall the board have any authority relative to the administration of this code.
113.3 Qualifications. The board of appeals shall consist of five members who are qualified by experience and training to pass on matters pertaining to the appeal and are not employees of the City. Two members of the board of appeals shall be physically handicapped, two members shall be persons experienced in construction, and one member shall be a public member.
113.4 Appointment. Upon receipt by the Building Official, of a qualified application for appeal, the Building Official shall within 60 days, recommend to the City Council five persons who, based on their qualifications and experience, appear to be suited to hear and decide the appeal. Upon finding those individuals indeed appear to be qualified to hear and deciding the appeal, the City Council shall appoint those persons and they shall be known as the Board of Appeals and shall have the authority and be tasked with the duties thereof for the purposes of hearing and deciding that specific appeal.

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F. Amend Section 114.4 to read as follows:
114.4 Violation Penalties. Any person who violates a provision of this code or fails to comply with any of the requirements thereof or who erects, constructs, alters, extends, repairs, moves, removes, demolishes or occupies any building, structure, or equipment in violation of the approved construction documents, a directive of the Building Official, or of a permit or certificate issued under the provisions of this Code, shall be subject to fines and penalties as established in Title 1 of the MBMC, in addition to other penalties as prescribed by law.

Chapter 14.03

BUILDING CODE

14.03.010 - Modifications of the California Building Code.

The California Building Code, adopted in Section 14.01.020, is hereby modified, amended, and supplemented as follows:

A. Adopt appendices H, I and J. Delete appendices A, B, C, D, E, F, G, K, L, M, N, O and P.

B. Amend section 1808.1 (Foundations) and adopt section 1808.1.1 which shall have the same force and effect as if printed here in its entirety and is hereby modified, amended, and supplemented as follows:
1808.1.1 Foundation setback verification. Prior to the placement of concrete and upon completed form installation, a licensed surveyor is required to measure and record the distance from the proposed foundation walls to the established lot lines. The contractor shall submit these findings in letter format to the building inspector upon the request for a foundation inspection. Letter shall specify the findings of front, sides and rear yard setbacks as defined in Title 17 of the MBMC.

C. Amend section 2304.8.2 (Structural Roof Sheathing) and adopt section 2304.8.2.1 which shall have the same force and effect as if printed here in its entirety and is hereby modified, amended, and supplemented as follows:
2304.8.2.1 Building height verification. Prior to roof sheathing or shear wall inspection, a licensed surveyor is required to measure and record the height of the structure. The contractor shall submit this finding in letter format to the building inspector upon the request for roof sheathing/shear wall inspection. Letter shall specify the recorded height of structure as defined in Title 17 of the MBMC.

D. Amend Appendix J section J103.1 (Permits Required) and adopt section J103.1.1 which shall have the same force and effect as if printed here in its entirety and is hereby

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modified, amended, and supplemented as follows:

8. An excavation below finished grade for basements and footings of a building, retaining wall or other structure authorized by a valid building permit. This shall not exempt any fill made with the material from such excavation or exempt any excavation having an unsupported height greater than 5 feet (1524 mm) after the completion of such structure.

9. An excavation that (1) is less than 2 feet (610 mm) in depth or (2) does not create a cut slope greater than 5 feet (1524 mm) in height and steeper than 1 unit vertical in 1 ½ units horizontal (66.7% slope).

10. A fill less than 1 foot (305 mm) in depth and placed on natural terrain with a slope flatter than 1 unit vertical in 5 units horizontal (20% slope), or less than 3 feet (914 mm) in depth, not intended to support structures, that does not exceed 50 cubic yards (38.3 m3) on any one lot and does not obstruct a drainage course.

Chapter 14.04

RESIDENTIAL CODE

14.04.010 - Modifications of the California Residential Code.

The California Residential Code, adopted in Section 14.01.020, is hereby modified, amended, and supplemented as follows:

A. Delete Division II of Chapter 1. Administration and Enforcement of the Residential Code shall be as set forth in the California Building Code, as modified, amended and supplemented by Chapter 14.02 of this code. Fees shall be as prescribed in the City’s Master Fee Schedule.

B. Adopt Appendices AH, AS, AT and AX. Delete Appendices AA, AB, AC, AD, AE, AF, AG, AI, AJ, AK, AL, AM, AN, AO, AP and AQ, AR, AV, AW, AX, AY, AZ.W.

C. Amend Section R313.1 and R313.2 to read as follows:

R313.1 Townhouse and One- and Two-family dwellings automatic fire sprinkler systems. An automatic residential fire sprinkler system shall be installed in all new townhouses and one and two family dwellings, and in all existing townhouses and one and two family dwellings where alteration results in an increase in floor area in excess of 50 percent, or 300 square feet. This section shall be applicable to mobile homes and factory-built housing not located in a mobile home or special occupancy park.

R313.2 Determination of Floor Area. For the purposes of this section, floor area shall be defined as the area within the exterior walls of the building under consideration. The floor area of a

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building, or portion thereof, not provided with surrounding walls, shall include the usable area under the horizontal projection of the roof or floor above.

For the purposes of this section, buildings shall be considered separate when:

1. The fire separation distance as defined in CBC Sec. 705.5 is not less than that permitted in CBC Table 705.5 and 705.8 where unprotected openings are allowed in an exterior wall of a non-sprinklered building, or

2. The buildings are structurally independent, the adjoining walls are constructed of fireresistant construction as prescribed in CBC Table 705.5 without openings or penetrations, projections comply with CBC Section 705.2, and parapets are constructed where required by CBC Section 705.11.

D. Add Section R313.3.3.5 to read as follows:

R313.3.3.5 Waterflow Alarm. A local waterflow alarm and remote inspector’s test valve, installed in accordance with NFPA 13, shall be installed on all sprinkler systems.

E. Amend Section R105.2 (Work exempt from permit), No. 3, to read as follows:

3. Retaining walls that are not over 4 feet (1219 mm) in height measured from the bottom of the footing to the top of the wall, unless supporting a surcharge or a sloping backfill. Retaining walls supporting a surcharge or a sloping backfill exceeding 20%, require calculations and plans signed by a registered civil or structural engineer.

Chapter 14.05

ELECTRICAL CODE

14.05.010 - Modifications of the California Electrical Code.

The California Electrical Code, adopted in Section 14.01.020, is hereby modified, amended, and/ or supplemented as follows:

A. Delete annexes A, B, C, D, E, F, G, H, I, and J. Administration and Enforcement of the Electrical Code shall be as set forth in the California Building Code as modified, amended and supplemented by Chapter 14.02 of this code. Fees shall be as prescribed in the City’s Master Fee Schedule.

B. Amend Article 230-70(A)(1) to read as follows:
230-70(A)(1) Readily Accessible Location. A service disconnecting means shall be installed at a readily accessible location either outside the building or structure, or inside nearest the

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point of entrance of the service conductors.

The disconnecting means shall be accessible to emergency personnel, either directly or by a remote actuating device, without requiring travel through the building interior.

Chapter 14.06

MECHANICAL CODE

14.06.010 - Modifications of the California Mechanical Code.

The California Mechanical Code, adopted in Section 14.01.020, is hereby modified, amended, and/ or supplemented as follows:

A. Delete Division II of Chapter 1. Administration and Enforcement of the Mechanical Code shall be as set forth in the California Building Code as modified, amended and supplemented by Chapter 14.02 of this code. Fees shall be as prescribed in the City’s Master Fee Schedule.

B. Adopt appendices A, B, C, D, E, F, G, and H.

Chapter 14.07

PLUMBING CODE
Sections:

14.07.010 - Modifications of the California Plumbing Code.

14.07.020 - Retrofitting with water-saving devices required.

14.07.030 - Required sewer backwater valve.

14.07.010 - Modifications of the California Plumbing Code.

The California Plumbing Code, adopted in Section 14.01.020, is hereby modified, amended, and supplemented as follows:

A. Delete Division II of Chapter 1. Administration and Enforcement of the Plumbing Code shall be as set forth in the California Building Code as modified, amended and supplemented by Chapter 14.02 of this code. Fees shall be as prescribed in the City’s Master Fee Schedule.

B. Adopt Appendix K. Delete appendices A, B, C, D, E, F, G, H, I, J, and L.

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C. Amend Section 710.1 to read as follows:
710.1 A Backwater Valve, extended to and accessible from grade for maintenance, shall be installed on every Building Sewer.

Exception: In new construction, plumbing fixtures installed on a floor level that is above the next upstream manhole cover elevation shall not discharge through the required backwater valve.

D. Amend Section 713.0 to read as follows:
713.0 Sewer Required.
713.1 Every building in which plumbing fixtures are installed and every premises having drainage piping thereon shall have a connection directly to a public or private sewer. 713.2 Private Sewage Disposal Systems shall not be permitted.

14.07.020 - Retrofitting with water-saving devices required.

A. Every property owner, prior to the sale or transfer of any real property upon which is located any structure connected to the city’s water supply shall retrofit the structure with the water-saving devices required for new construction as set forth in this title. In cases where the Building Official determines the use of such fixtures in existing structures would fail to meet the requirements of the Plumbing Code, fixtures using the least amount of water which do meet the requirements of the Plumbing Code shall be utilized.

B. In cases where a buyer intends to demolish all structures on such property within ninety days from the date of transfer, the structure need not be retrofitted prior to transfer; provided a covenant and a bond are filed with the city as follows:

1. The property owner shall file with the city clerk a notarized covenant agreeing to either demolish all structures located on the property connected to the city water system, within ninety days from the date of transfer or to perform the retrofit required in subsection A of this section, together with a faithful performance bond, in a form satisfactory to the city in an amount equal to one hundred and fifty percent of the full cost of retrofitting all such structures securing faithful performance of the agreement.

2. The agreement shall also authorize and grant the city permission to enter onto the property and to perform such retrofits in the event that property owner fails to do so. Further, the property owner shall agree to reimburse the city for all cost incurred by the City in the event the bond is insufficient.

C. Determination of compliance with the requirements of subsection A shall be made by the Building Official after an inspection performed by the Building Official or a qualified

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plumbing contractor under the supervision of the Building Official, who shall issue a certificate indicating same to the seller or title company involved. Seller shall pay the fee set forth in the Master Fee Schedule for such retrofit inspection at the time seller submits the request for the retrofit inspection. No property transfer shall be recorded until such certificate has been received by the seller and transferred with the title to the buyer. If noncompliance is found, the property owner (both seller and buyer) and any title company involved in the transfer shall be in violation of this code and subject to those penalties as prescribed in Title 1 of this code.

14.07.030 - Required sewer backwater valve.

A. Any existing lateral sewer piping upon any premises which services fixtures whose elevation is lower than the elevation of the first upstream sewer manhole rim, lamp hole, or pump station receiving manhole, and for which the city has record of a previous sewage backflow incident involving a clogged sewer main shall be protected from backflow of sewage by installing backwater valves of a type approved by the Building Official. The property owner shall be required to provide and install such device.

B. If the property owner fails to install and maintain a backwater valve in good working condition when required under this section, then the Building Official may declare said sewer connection to be a nuisance and abate such nuisance pursuant to Section 8.12.010 et seq. of this code by installing an approved-type backwater valve at the owner’s expense. Said property owner may, in addition, be subject to fines as outlined in subsection E of this section.

C. All house connection sewers, industrial sewers, private sewage disposal systems and appurtenances thereto, now existing, or hereafter constructed, shall be maintained by the owner of the property in a safe and sanitary condition and all devices or safeguards which are required by this section for the operation thereof shall also be maintained in a good working order by the owner. It shall be the property owner’s responsibility to maintain that portion of the sewer to the public main, including the connection to the public main.

D. The Public Works Director, the health officer, and other duly authorized employees of the city and the health department bearing proper credentials and identification shall be permitted to enter all properties for the purposes of inspection, observation, measurement, sampling, and testing in accordance with the provisions of this section. The Public Works Director, the health officer, or their representatives shall have no authority to inquire into any processes including metallurgical, chemical, oil, refining, ceramic, paper, or other industries beyond that point having a direct bearing on the kind and source of discharge to the sewers or waterways of facilities for waste treatment.

E. Violations and Penalties. Any person who is convicted of violation of any provisions of this section is guilty of an infraction punishable as provided in Chapter 1.16 of this code.

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Chapter 14.08

FIRE CODE
Sections:

14.08.010 - Purpose.

14.08.020 - Bureau of fire prevention.

14.08.030 - Fire district established.

14.08.040 - Penalties for turning in false alarms.

14.08.050 - Fire injury report.

14.08.060 - Storage of gasoline driven vehicles.

14.08.070 - Citation powers.

14.08.080 - Fire Hazard Severity Zones

14.08.090 - Modifications of the California Fire Code

14.08.010 - Purpose.

This chapter shall be known and may be cited as “The Fire Prevention Regulations of the City of Morro Bay,” Chapter 14.08 of Title 14 of the Morro Bay Municipal Code. This chapter prescribes minimum regulations to reduce and minimize the potential for loss of and damage to life and property resulting from fire, panic, hazardous materials, and explosions.

14.08.020 - Bureau of fire prevention.

The California Fire Code shall be enforced by the fire department or building division of the Community Development Department under the supervision of the Fire Chief.

14.08.030 - Fire district established.

The entire incorporated area of the city is declared to be and is established a fire district.

14.08.040 - Penalties for turning in false alarms or for conviction of intentionally setting a fire.

Individuals responsible for turning in false alarms shall be responsible for the cost the fire department incurs while responding to the alarm. The cost of the false alarm shall be determined in accordance with the master fee schedule. The intent of this section is not to penalize those persons who make honest mistakes. Persons convicted of intentionally setting a fire in violation of any law or ordinance within the city limits shall pay the cost of fighting that respective fire.

14.08.050 - Fire injury report.

Any physician, first aid station, ambulance company or persons who treat or aid any person injured by a fire, explosion or chemical burn within the City shall, within twenty-four hours, report such treatment and pertinent information to the fire department.

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14.08.060 - Storage of gasoline driven vehicles.

No one shall store, repair or use any motorcycle, moped or any other gasoline driven vehicle inside of any dwelling. Storage and repair of gasoline driven vehicles are permitted in garage areas adjacent to dwellings.

14.08.070 - Citation powers.

The Morro Bay Fire Chief (Fire Chief), Fire Marshal and full-time safety members of the Fire Department authority to issue citations as provided in Title 1 of this code. Arson investigators who are full-time members of the Fire Department shall have the powers of a peace officer in performing their duties under this Code, and shall have the powers of a peace officer as provided in California Penal Code, Sections 830.37.

14.08.080 - Fire Hazard Severity Zones.

A. Purpose and Intent. The purpose of this chapter is to provide authority for the identification of local fire hazard severity zones and provide authority for enforcement of state and local codes in these zones. The intent of this chapter is to reduce the potential for fire losses by providing minimum requirements for the protection of properties constructed in very high hazard severity zones and other wildland/urban interface areas designated by the fire chief and supported by substantial evidence.

B. Designation—Recommendation. The Fire Chief is hereby authorized to designate Moderate, High Very, and High Fire Hazard Severity Zones within one hundred twenty days of receiving recommendations from the California State Fire Marshal.

C. Designation—Not Identified. The Fire Chief may designate areas not identified as Moderate, High, or Very High Fire Hazard Severity Zones by the California State Fire Marshal following a finding supported by substantial evidence in the record that the requirements for designation as Moderate, High, or Very High Fire Hazard Severity Zones are necessary for effective fire protection within the area(s).

D. Supported by Substantial Evidence in the Record. "Supported by substantial evidence in the record" shall require the city council to hold a public hearing and make findings there is competent substantial evidence in the record to support the Fire Chief's designation as fire hazard areas.

E. Enforcement. The building official and or Fire Marshal shall enforce the provisions of Chapter 7A of the California Building Code and Chapter 49 of the California Fire Code2025 Wildland Urban Interface Code in all High and Very High Fire Hazard Severity Zones and other areas designated by the Fire Chief and supported by substantial evidence in the record.

F. Permits. All submittals for subdivision, entitlement, or building permits shall demonstrate that the proposed project allows for compliance with the provisions of Government Code Section 51182 and Public Resource Code Section 4291, except where otherwise allowed by law, to the satisfaction of the fire chief and the building official.

G. Defensible Space. Per Government Code 51182 properties located within a Very High Fire Hazard Severity Zone are subject to a 100-foot defensible space requirement where applicable.

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H. Maps. The adopted Local Responsibility Area Fire Hazard Severity Zone map for the City of Morro Bay will be kept on file with the City Clerk and available on the city website.

I. Parcels with two or more Zone designations. If a parcel is designated to have two or more Fire Hazard Severity Zones the requirements of the more restrictive zone shall apply.

14.08.090 - Modifications of the California Fire Code.

The California Fire Code, adopted in Section 14.01.020, is hereby modified, amended, and/ or supplemented as follows:

A. Adopt Appendix Chapter 4 and appendices B, BB, C, CC, D, H, I, K, and N. Delete appendices A, E, F, G and J.

B. Section 101.1 is amended to read as follows:

Section 101.1 Title. These regulations shall be known as the Fire Code of the City of Morro Bay.

C. Section 103.1 is amended to read as follows:

Section 103.1 General. The Fire Department of the City of Morro Bay is hereby established and the person in charge thereof shall be known as the Fire Chief. Where the Code uses the term Fire Official, it shall mean the Fire Chief.

D. Section 113.2 is amended to read as follows:
113.2 Schedule of permit fees. Fees shall be paid in accordance with the City’s Master Fee Schedule.

E. Section 302.1, “Definitions,” is amended to add the following definition in correct alphabetical order:

SKY LANTERN. An airborne lantern typically made of paper with a wood frame containing a candle, fuel cell composed of waxy flammable material or other open flame which serves as a heat source to heat the air inside the lantern to cause it to lift into the air. Sky candles, fire balloons and airborne paper lanterns mean the same as sky lanterns.

F. Section 507.5.4 is amended to read as follows:
507.5.4 Obstruction. Unobstructed access to fire hydrants shall be maintained at all times.

The fire department shall not be deterred or hindered from gaining immediate access to fire protection equipment or fire hydrants.

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The Fire Chief shall have the authority to remove or cause to be removed, without notice, any vehicle, vessel, or object that is in violation of this section. The owner of said item, so removed, shall be responsible for all towing, storage, or other costs incurred therein.

G. Section 308.1.1.1 is added to read as follows:
308.1.1.1 Burning Prohibited. Open burning, bon fires, recreational fires, and all other outdoor fires are prohibited.

Exception:

Barbeques and portable outdoor fireplaces that conform with the following provision are allowed.

1. Fires shall be conducted at a safe distance from and in accordance with the applicable manufacturer’s instructions to prevent the spread of fire to a minimum of 15 -feet from adjacent structures or other combustible materials.

2. Fire shall be contained in a non-combustible container, not to exceed 3 feet in diameter and 2 feet in height.

2.3.Portable fireplaces and fire pits not fueled by natural gas or propane must be equipped with a spark arrestor while in use. Spark arrestors shall be constructed of wire mesh with openings of ¼” or less.

3.4.Fuel loading shall not exceed 3 feet in diameter or 2 feet in height.

4.5.Fire shall be fueled by propane, natural gas, charcoal, dried wood, commercial fire logs, or pellets. Fuels shall not include green waste, yard trimmings, pressure treated wood, trash, plastic, or other noxious or hazardous materials.

5.6.Ground fires, sub-surface or pit fires, and earth floored fire rings are prohibited.

6.7.If in the opinion of the Fire Chief or his or her designee, a fire is potentially hazardous or smoke is causing a nuisance, the fire shall be extinguished immediately.

H. Section 308.1.6.3 is amended to read as follows:
308.1.6.3 Sky Lanterns. The ignition and launching of sky lanterns is prohibited.

Exception: The ignition and launching of sky lanterns may be allowed, subject to the approval of a permit by the Chief, where it has been determined that adequate safeguards will be in place.

I. Section 511 is added to read as follows:

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SECTION 511

FIRE SERVICE ELEVATOR
511.1 Elevator car to accommodate ambulance stretcher. Where elevators are provided, at least one elevator shall be provided for fire department emergency access to all floors.

The elevator car shall be of such a size and arrangement to accommodate an ambulance stretcher 24 inches by 84 inches with not less than 5-inch radius corners, in the horizontal, open position and shall be identified by the international symbol for emergency medical services (star of life). The symbol shall not be less than 3 inches high and shall be placed inside on both sides of the hoistway door frame.

Exception: Elevators located within one- and two-family dwellings and townhouses.

J. Section 901.4.7 is added to read as follows:
901.4.7 Partial Sprinkling of Buildings. Partial sprinkling of buildings shall not be permitted, except where otherwise allowed by NFPA 13R, 13D, and Section 903.3.1.1.1.

K. Delete Sections 903.2 through 903.2.1.4 and 903.2.2 through 903.2.10.1.

L. Add Section 903.2 to read as follows:
903.2 Where Required. An approved automatic fire sprinkler system shall be installed throughout:

1. In all new buildings and structures with more than Zero (0) square feet regardless of type or use.

2. In all new buildings and structures with more than Zero (0) square feet regardless of type or use, on the west side of the Embarcadero Rroad.

3. In additions or alterations of floor area for all buildings or structures as follows:
a. Throughout structures where additions to existing buildings and substantial remodels more than 50% of the existing floor area is in excess of 500 square feet; ALTERATION OF FLOOR AREA: "For the purpose of this definition, the following criteria shall be considered in determining the percentage of "alteration of floor area." The 50% referred to under "Substantial Remodel" applies to the entire building's gross floor area in plain view. The entire room or space where the remodel is taking place will be considered in the calculation, either alone or in combination with any of the following:
a. Removing wall finishes and exposing framing of; Interior wall (where finishes are removed from one side only the room or space to which the framing is exposed will be included in the calculation). Perimeter exterior wall (one or both sides).

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b. new wall construction, removing, or repositioning, either interior or perimeter exterior walls, the rooms, or spaces on both sides of the wall will be included in the calculation. c. Removal of the ceiling in any room or space to expose rafters, trusses, beams, purlins, or floor joists.
d. Removal of the roof structure (only rooms or spaces that are directly below the removed roof structure will be included in the calculation). e. Removal of floor finishes which exposes floor framing and/or removal of concrete f. Relocating plumbing fixtures in a bathroom or kitchen will cause that entire room or space to be included in the calculation.
g. other alterations considered substantial by the Fire Code Official.

Exceptions:
a. group R-3 and U occupancies
903.2.1 Where Required. An approved automatic fire sprinkler system shall be installed throughout:

1. In all new R-3 and U occupancies private garages and carports accessory to:
a. Including all attached structures;
b. Including all structures within 10 feet.

2. In additions or alterations of floor area for all buildings or structures as follows:
a. Throughout structures where additions is in excess of 300 square feet and substantial remodels more than 50% of the existing floor area;
ALTERATION OF FLOOR AREA: "For the purpose of this definition, the following criteria shall be considered in determining the percentage of "alteration of floor area." The 50% referred to under "Substantial Remodel" applies to the entire building's gross floor area in plain view. The entire room or space where the remodel is taking place will be considered in the calculation, either alone or in combination with any of the following:
a. Removing wall finishes and exposing framing of; Interior wall (where finishes are removed from one side only the room or space to which the framing is exposed will be included in the calculation). Perimeter exterior wall (one or both sides).

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Exception:

Installation of an automatic fire sprinkler system shall not be required when, to the satisfaction of the Fire Chief and the Building Official, it is demonstrated the proposed construction, use, and occupancy are minor in scope and nature, the installation of an automatic fire sprinkler system would be impractical, and the intent and purpose of this section is otherwise met.

M. Amend Section 903.3.1.1 to read as follows:
903.3.1.1 NFPA 13 sprinkler systems. Where other provisions of this code require a building or portion thereof be equipped throughout with an automatic sprinkler system in accordance with this section, or where a building contains two or more occupancies or uses, sprinklers shall be installed throughout in accordance with NFPA 13 as amended in Chapter 47 except as provided in Section 903.3.1.1.1.

N. Section 3604.1 is amended to read as follows:
3604.1 General. Piers, marinas, docks, fuel docks, wharves and similar boat mooring facilities shall be equipped with fire protection equipment in accordance with Section 3604.1 through 3604.6 and as otherwise required by the Chief.

O. Section 5609 is added to read as follows:

SECTION 5609.1

SALE AND USE OF FIREWORKS
5609.1 Sale and Use of Fireworks Unlawful. The sale or use of fireworks, pyrotechnics, and others explosives shall be unlawful.

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Exceptions:

1. The sale of fireworks, approved by the State Fire Marshal as “safe and sane,” shall be permitted, subject to the approval of a permit by the Fire Chief.

2. The use of fireworks, approved by the State Fire Marshal as “safe and sane,” shall be permitted on private property only.

3.1.Public fireworks displays may be allowed, subject to the approval of a permit by the Fire Chief.

4.2.Pyrotechnics for use in movie industry operations may be allowed, subject to the approval of a permit by the Fire Chief.

5.3.This section shall not apply to the sale and use of State Fire Marshal approved and listed party poppers and snap caps.

6.4.Any person violating this provision will be guilty of a misdemeanor and subject to a $1,000 fine for each offense.

7.5.Notwithstanding any other provision of this code, any Morro Bay Police Officer may issue an administrative citation for a first offense without first issuing a warning; and the administrative fine shall be $1,000 for each offense.

Chapter 14.09

EXISTING BUILDING CODE

14.09.010 - Modifications of the California Existing Building Code.

The California Existing Building Code, adopted in Section 14.01.020, is hereby modified, amended, and supplemented as follows and shall be the technical strengthening provisions for buildings subject to Chapter 14.18 of this title:

Amend Section 505.3 Replacement window emergency escape and rescue openings. to read as follows:

Where windows are required to provide emergency escape and rescue openings, replacement windows shall comply with the maximum sill height requirements of section R310.2.3 and the minimum opening area requirements of sections R310.2.1, and R310.2.2.

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Ordinance No. 673

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Chapter 14.10

RESERVED
Chapter 14.11

HOUSING CODE

14.11.010 - Modifications of the International Property Maintenance Code.

The 2021 International Property Maintenance Code, adopted in Section 14.01.020, shall have the full force and effect as if printed here in its entirety and is hereby modified, amended, and/ or supplemented as follows:

A. Amend Section 101 to read as follows:

SECTION 101.2.1-SCOPE
101.2.1 Where any building or portion thereof is used or intended to be used as a combination apartment house- hotel, the provisions of this code shall apply to the separate portions as if they were separate buildings.
101.2.2 Rooming houses, congregate residences or lodging houses shall comply with all requirements of this code for structures.

Chapter 14.12

DANGEROUS BUILDINGS CODE

14.12.010 – Modifications of the Uniform Code for Abatement of Dangerous Buildings.

The 1997 Uniform Code for the Abatement of Dangerous Buildings, adopted in Section

14.01.020, shall have the full force and effect as if printed here in its entirety and is hereby modified, amended, and/ or supplemented as follows:

A. Amend Section 103 to read as follows:

SECTION 103- ALTERATIONS, ADDITIONS AND REPAIRS
All buildings or structures which are required to be repaired under the provisions of this code shall be subject to the provisions of Chapter 34 of the Building Code.

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B. Amend the following definitions, located in Section 301, to read as follows:

BUILDING CODE is the California Building Code, as adopted and amended by this title.

HOUSING CODE is the 1997 Uniform Housing Code, as adopted and amended by this title.

SECTION 3. This Ordinance shall take effect January 1, 2026. The City Clerk, or her duly appointed deputy, shall attest to the adoption of this Ordinance and shall cause this Ordinance to be published and posted in the manner required by law.

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

INTRODUCED at a regular meeting of the City Council of Morro Bay, held on the 28th day of October 2025 by motion of Councilmember ______________ and seconded by Councilmember _________________.

PASSED AND ADOPTED on the ______ day of __________ 2025, by the following vote:

AYES:

NOES:

ABSENT:

____________________________
CARLA WIXOM, Mayor
ATTEST:
______________________________
DANA SWANSON, City Clerk
APPROVED AS TO FORM:
_____________________________________
BRIAN STACK, City Attorney

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Ordinance No. 673

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STATE OF CALIFORNIA )

COUNTY OF SAN LUIS OBISPO )

CITY OF MORRO BAY )
I, Dana Swanson, City Clerk for the City of Morro Bay, California, do hereby certify that the foregoing Ordinance No. 673 was duly passed and adopted by the City Council of the City of Morro Bay at the regular meeting thereof, held on the ______ day of _______ 2025, by the following vote:

AYES:

NOES:

ABSENT:

RECUSED:

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

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Prepared By: _EV________ Dept Review: _AS____
City Manager Review: ___AL____ City Attorney Review: _BS__ Staff Report
TO: Honorable Mayor and City Council DATE: October 23, 2025 FROM: Erik Valentine, Associate Planner
VIA: Airlin Singewald, Community Development Director
SUBJECT: Determination of Public Convenience or Necessity for ABC License – 640 Quintana Road, Morro Bay Cigarettes, Inc.

RECOMMENDED ACTION
Do not make findings to support the Determination of Public Convenience or Necessity (PCN) that would allow the sales of alcohol with use of a Type 21 – General license for Morro Bay Cigarettes, Inc. at 640 Quintana Road.

ALTERNATIVES
Alternative #1:

City Council may choose to make the Determination of Public Convenience or Necessity and approve the request to allow sales of alcohol for an off sale general Type 21 license at 640 Quintana Road with certain conditions placed on the approval.

A letter of support could be authored by the city to advise the following:

The City of Morro Bay hereby approves the application for Public Convenience or Necessity and the issuance of this liquor license. Approval of this license raises concerns regarding the potential negative impact on an area with a significant law enforcement problem and the issuance would tend to aggravate the existing law enforcement problem. Implementation of the following conditions by ABC will need to be agreed upon for the city to approve the license:
 There shall be no exterior advertising or sign of any kind or type, including advertising directed to the exterior from within, promoting or indicating the availability of alcoholic beverages.  The petitioner(s) shall post a prominent, permanent sign stating, “NO LOITERING IS ALLOWED ON OR IN FRONT OF THESE PREMISES” in a place that is clearly visible to patrons of the licensed premises. The sign shall be at least two feet square with at least twoinch block lettering.  Petitioner(s) shall actively monitor the area under their control in an effort to prevent the loitering of persons on any property adjacent to the licensed premises as depicted on the most recently certified ABC-257.
 Any graffiti painted or marked upon the premises or on any adjacent area under the control of the licensee(s) shall be removed or painted over within 48 hours of being applied.

AGENDA NO: 8.a
MEETING DATE: October 28, 2025

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 No beer or malt beverage product(s) shall be sold, regardless of container size, in quantities of less than six per sale
 No distilled spirits shall be sold in bottles or containers of less than 500 ML.  No wine shall be sold in bottles or containers of less than 750 ML.

ABC can consider the approval of the application for PCN upon the applicant’s agreement to these conditions.

The intent of the conditions would be to hopefully minimize the impact of additional alcohol sales on the surrounding businesses and community. Should this alternative be pursued, the Council would also need to identify findings supporting a Determination of Public Necessity or Convenience. Past findings in support have included City goals of developing ways to attract new businesses and no significant concerns regarding new alcohol sales at the requesting location.

Alternative #2:

The City of Morro Bay may allow the application for sales under Type 21 with a written agreement between the city and the business owner stating no alcohol sales will take place on the premises and he alcohol license being surrendered to ABC for a period of one year. This would provide the opportunity for the business owner to retain the license for use at another location outside of the census tract or possibly the city.

This is an approved practice for ABC that allows the license to remain valid while the license holder seeks alternative locations for better placement of the alcohol sales license. If the alcohol license is not reinstated and used within the year, the license is canceled by ABC.

FISCAL IMPACT
A Determination of Public Convenience or Necessity for an ABC license would allow Morro Bay Cigarettes to sell beer, wine, and distilled spirits to their customers. These sales would be subject to sales tax. Additionally, the determination of PCN would likely increase the number of calls to service to the area for the Morro Bay Police Department. In the last year the Police Department has received over 150 calls to service in the immediate vicinity of the business for events related to loitering, under the influence behavior, and excessive noise. The sale of alcohol at this location will likely see this number increase.

BACKGROUND/DISCUSSION
Morro Bay Cigarettes, LLC has applied for a Type 21 – Off-Sale General license through the California Department of Alcoholic Beverage Control (ABC). A Type 21 license would allow the business to sell beer, wine, and distilled spirits to their customers for off-site consumption.

ABC has identified this area of the City as having an overconcentration of alcohol sales licenses triggering a requirement for the applicant to obtain a letter of support from the City in favor of a Determination of Public Convenience and Necessity for issuance of the ABC license in this location.

Per ABC’s standards, one (1) license is allowed in this census tract, but there are currently three (3).

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CONCLUSION
Morro Bay Cigarettes, LLC is located in the Cypress Plaza, off Quintana Road. The Plaza is a highly used shopping center for residents and visitors to shop for all their needs in one convenient location.

However, this area is also a high crime area related to alcohol possession/under the influence, loitering, theft, panhandling, shoplifting, and public disturbances, as Chief Watkins references in her letter (Attachment 1). Chief Watkins consulted neighboring business owners on their thoughts about Morro Bay Cigarettes, Inc. obtaining an ABC license. Half of these business owners had no concerns, while the other half voiced major concerns about the impact it would have on loitering and other crime activities in the shopping plaza and surrounding neighborhood. Additionally, the stated purpose of the business in achieving a Type 21 license is to increase revenue, with no information being provided as to how the sales of alcohol would benefit the community and/or the public by convenience or necessity. For these reasons, the Community Development Department concurs with Chief Watkins and does not support the request to receive an ABC license at this location.

There are significant concerns regarding additional alcohol sales at this location, staff is recommending that the Council not make findings to support a Determination of Public Necessity or Convenience for issuance of the requested ABC license at this location.

ATTACHMENT

1. Draft Letter from Chief Watkins

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October 28, 2025
Morro Bay Cigarettes, Inc.
640 Quintana Rd.

Morro Bay, CA 93442
Dear Morro Bay Cigarettes, Inc.,
This letter is to inform you of my decision regarding the Public Convenience Necessity (PCN) requirement as is relates to your ABC application for the Off-Sale License Type-21 for your business at 640 Quintana Rd., Morro Bay Cigarettes, Inc.

I have reviewed the documents presented to the City Office of Community Development regarding the benefit and need for an Off-Sale Type-21 license. I also made a visit to the business at 640 Quintana Rd. and asked some specific questions to help show the necessity for the sale of alcohol at this location. The following is my determination based on the review and evaluation of all available and relevant information.

At this time, I cannot support the Type-21 license request as I do not find articulable facts that support the PCN in this case. My decision is based on the following factors:

1. The purpose of the sale of alcohol is to increase revenue for the business.

2. No information has been provided as to how the sales of alcohol would benefit the community and/or the public by convenience or necessity.

3. The 600-700 block of Quintana Rd. is a high crime area related to alcohol possession/under the influence, loitering, theft, panhandling, shoplifting, and public disturbances. From September 14, 2024, to September 1, 2025, the police department has responded to 140 calls related to the above-listed activity.

4. The census tract contains a Community Center, Public Library, Charter School, and Church.

5. Neighboring businesses in the 600 block of Quintana Rd. were contacted regarding the Off-sale Type 21 license. Six businesses were consulted with; the result was 50% approved with no concerns and 50% had major concerns about the impact on loitering and other crime activities.

6. A strong objection was given by the San Luis Obispo County Department of Social Services to the off-site alcohol sales over concern for employee safety because of ongoing loitering and crime in the area.

Please feel free to contact my office if you have any questions (805)772-6225.

Sincerely,
Amy Watkins
Chief of Police

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Prepared By: __AL______ Dept Review: ______
City Manager Review: __AL______ City Attorney Review: _BS_____ Staff Report
TO: Honorable Mayor and City Council DATE: October 23, 2025 FROM: Andrea Lueker, Interim City Manager
SUBJECT: Quarterly Update on the Status of City Council Goals

RECOMMENDED ACTION
Receive an update from staff on the City’s progress on City goals established in March 2025.

ALTERNATIVES
None.

FISCAL IMPACT
There is no fiscal impact related to the recommendation.

BACKGROUND
The City Council held a Special Meeting on March 25, 2025 as a Goal Setting process, facilitated by Michael Codron. The Goal setting process provided extensive public engagement opportunities including an online community survey, discussions with Advisory Bodies, a community forum and virtual participation through emails. Additionally, live polling and real time survey analysis were utilized as interactive public engagement tools at the community forum.

At the conclusion of the process, the Morro Bay City council decided on three City Goals for the two fiscal years.
• Economic Vitality and Fiscal Health
• Infrastructure Resiliency
• Morro Elementary School

DISCUSSION
Each of the three City Goals included a Goal Statement and Objectives. Staff has attached a chart that includes these items as well as a very brief description of the progress to date on the objectives.

ATTACHMENT

1. City Goals, Goal Statements & Objectives Status Update Worksheet AGENDA NO: 8.b
MEETING DATE: October 28, 2025

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2025/2026 Goals, Goal Statements and Objectives
Status Update No. 1 - October 28, 2025
1 Goal - Economic Vitality and Fiscal Health – A vibrant and active business community supported by coordinated strategies for economic vitality and fiscal health that create the conditions for individual business success and the long-term fiscal health of the City
Objective - Downtown Revitalization
Using existing plans, identify and
implement programs for beautification,
wayfinding signage and incentivizing
private property improvements, including
façade rehabilitation
Status – Actions to date

1. Waterfront Master Plan Process – in progress

2. Economic Development Program recommendation – to City Council 11/12/25

3. Reduced sign fees to promote compliance with the City’s sign regulations Objective – General Fund Reserve
Analysis
Perform a risk-based analysis of the City’s
Reserve Policy to identify appropriate
reserve levels for long-term financial
planning.

Status – Actions to date

1. Review of the Reserve Policy identified as a Future Agenda Item, prior to the 2026/27 budget process
Objective – Revenue Enhancement
Develop a comprehensive strategy for
increasing revenues over time to support
the provision of core services.

Status – Actions to date

1. Joint CFAC/Council hearing to discuss revenue options held 10/21/25

2. Economic Development Program recommendation – to City Council 11/12/25

3. Conducted user fee study and updated fees to phase in cost recovery for City services that provide a direct benefit to individuals

4. Conducted a nexus study to evaluate the City’s development impact fees and recommend fee adjustments for development to pay its fair share cost of new public facilities

5. Developing license program for tidelands areas – in progress

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2025/2026 Goals, Goal Statements and Objectives
Status Update No. 1 - October 28, 2025
2 Objective – Planning and Building
Services
Perform outreach and engagement with
customers of the City’s Planning and
Building permit services to identify changes
to improve satisfaction and increase
economic activity in the City associated
with building permits.

Status – Actions to date

1. FD-performing business inspections for license renewals and STR licenses Held stakeholder meetings with the building industry to review development impact fees

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2025/2026 Goals, Goal Statements and Objectives
Status Update No. 1 - October 28, 2025
3 Goal – Infrastructure Resiliency – An infrastructure program that includes regular maintenance to prolong the life of existing buildings infrastructure (streets, buildings, structures, equipment) while implementing a Capital Improvement Program that prioritizes new projects in alignment with available resources (funding and staff).

Objective - 5-Year CIP
Create a 5-Year Capital Improvement Plan
(CIP) that prioritizes infrastructure projects
in consideration of available resources
(funding and staff).

Status – Actions to date

1. Hired new City Engineer 9/29/25, review of current capital projects has begun.

Objective – Infrastructure Maintenance
Increase the City’s efficiency and
awareness of infrastructure maintenance
requirements by improving the City’s asset
management and work order system,
include the functionality of the public facing
Service Request form.

Status – Actions to date

1. Internal review of asset management system and work order system has begun.

Objective – Harbor Infrastructure
Utilize the recently completed study of the
harbor revetments to prioritize projects and
identify maintenance responsibilities.

Develop a funding strategy informed by
research on grant opportunities.

Status – Actions to date

1. Continued discussions with City regional/federal lobbyist to identify grants – ongoing

2. Revetment assessment/repairs – in progress

3. FEMA claim on revetments and seawalls – in progress

4. Seeking USACE assistance on revetment/seawall repairs – in progress

5. Drafted plans for Phase 1 of Boat Launch Ramp rehabilitation

6. Assessing feasibility and options for State Park Marina dredge project

7. Updating mooring specifications and inspection guidelines

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2025/2026 Goals, Goal Statements and Objectives
Status Update No. 1 - October 28, 2025
4 Goal – El Morro Elementary School – Work with San Luis Coastal Unified School District to acquire the Morro Elementary School site or assist in development for the purposes of preserving community access, historic preservation, and /or housing development consistent with the City’s General Plan.

Objective - Acquisition Plan
Identify partners, such as market-rate and
affordable housing developers, to work on
a plan to fund the acquisition of the El
Morro Elementary School site.

Status – Actions to date

1. Commissioned an independent City cost estimate appraisal for the property

2. Ordered a preliminary title report for the property

3. Formed Morro Elementary Subcommittee

4. Pending MOU for exclusive right to negotiate between CMB/SLCUSD – 10/28/25

5. Update financial forecast and evaluate potential financing options for acquisition (ongoing)
Objective – Community Engagement
Continue to engage with the community
regarding uses of the school site that take
into consideration the current land use
designation for the property and cost of
acquisition.

Status – Actions to date

1. Local Historic Preservation Ordinance discussion – 12/9/2025

2. Conducted a public information session regarding City zoning and land use for Morro Elementary – 1/30/25 and TBD pending negotiations with School District

3. City staff have engaged with Friends of Morro Elementary, a non-profit, to understand community concerns and priorities for the property

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2025/2026 Goals, Goal Statements and Objectives
Status Update No. 1 - October 28, 2025
5 Objective – Grants
Identify potential grant opportunities for
historic preservation, public access and
other beneficial uses of the property that
could be supported by one or more grants.

Status – Actions to date

1. Not yet started – pending negotiations with School District

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Morro Bay City CouncilOctober 28, 2025

Morro Bay City Council
October 28, 2025