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HomeMy WebLinkAboutReso 64-25 Authorizing Gull Removal - signedRESOLUTION NO. 64-25 A RESOLUTION OF CITY COUNCIL OF THE CITY OF MORRO BAY, CALIFORNIA, DECLARING THE EXISTENCE OF GULLS AT BAYSHORE VILLAGE HAVE BECOME SO NUMEROUS OR DESTRUCTIVE AS TO CONSTITUTE A MENACE AND DANGER TO THE PUBLIC HEALTH, SAFETY OR PROPERTY AND FINDING BAYSHORE VILLAGE EXEMPT FROM MORRO BAY MUNICIPAL CODE SECTION 7.08.015 AND AUTHORIZING THE HOMEOWNERS ASSOCIATION TO HAZE AND HARASS GULLS AND REMOVE GULL NESTS AND TO CARRY OUT ADDLING OF GULL EGGS ON THEIR PROPERTY THE CITY COUNCIL City of Morro Bay, California WHEREAS, the Morro Bay Municipal Code Section 7.08.015 states that it is unlawful to damage or destroy the nests or eggs of any wild birds, or harm wild birds, within the City unless the City Council determines by resolution that the birds protected by the Ordinance have become so numerous or destructive as to constitute a menace and danger to the public health, safety or property; and WHEREAS, in 2020, Council provided authorization to remove Gull nests from the roofs of the condominium units at Bayshore Village and adopted Resolution No. 100-20 on November 17, 2020, finding the Gulls located within the Bayshore Village complex to be a public nuisance and thereby allowing removal of the Gull nests for a period of five years, expiring on December 31, 2025; and WHEREAS in November of 2025, the City received a request from Bayshore Village Homeowner’s Association requesting that the Gulls located within their complex be declared a public nuisance and requesting an exemption to Morro Bay Municipal Code section 7.08.015 be granted by City Council allow hazing and harassment of gulls, removal of Gull nests and the ability to carry out addling of Gull eggs; and WHEREAS, on December 9, 2025 the public was given the opportunity to appear and provide comment on the item; and WHEREAS, the City Council has duly considered all evidence and determined that the presence of Gulls and their nests at Bayshore Village development are hazardous, unsafe, unsightly, unsanitary and constitute a nuisance detrimental to the public health, safety, and welfare and the property of others. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay: Section 1. Findings. The City Council determines consistent with the requirements of Morro Bay Municipal Code section 7.08.015 that the Gulls and their nests located at the Bayshore Village in Morro Bay, CA have become so numerous or destructive as to constitute a menace and danger to the public health, safety or property, and the City Council therefore provides for the remedies contained herein which are determined to be appropriate under the circumstances as presented to Council. Section 2. Exemption Granted. The City Council hereby conditionally grants the Bayshore Village Homeowners Association an exemption from the Morro Bay Municipal Code section 7.08.015 and allows them to haze and harass Gulls, to remove Gull nests from their roofs, and to carry out addling of Gull eggs in a safe and humane manner, for a period of 5-years terminating on December 31, 2030; provided that the exemption applies only to Morro Bay Municipal Code Section 7.08.015 and does not relieve the Bayshore Village Homeowner’s Association from complying with all other local, state and federal laws. Section 3. Action. The City Council does hereby condition the foregoing authorization for Bayshore Village to haze and harass Gulls, to remove Gull nests from their roofs, and to carry out addling of Gull eggs as follows: A. Prior to hazing or harassing Gulls or removing any Gull nests, or addling Gull eggs, the Bayshore Village Homeowner’s Association shall provide evidence satisfactory to the City’s Community Development Director that the U.S. Department of Fish and Wildlife has reissued/extended the Gull predation permit and to each calendar year thereafter while that grant is in effect. B. The foregoing grant is effective only through December 31, 2030. PASSED AND ADOPTED by the City Council of the City of Morro Bay, at a regular meeting thereof held on this 9th day of December 2025, by the following vote: AYES: Wixom, Eckles, Edwards, Luffee NOES: Landrum ABSENT: None ABSTAIN: None RECUSE: None CARLA WIXOM, Mayor ATTEST DANA SWANSON, City Clerk Carla Wixom (Dec 10, 2025 18:57:16 PST) Carla Wixom Dana Swanson (Dec 11, 2025 07:35:17 PST) Dana Swanson Reso 64-25 Authorizing Gull Removal Final Audit Report 2025-12-11 Created:2025-12-11 By:Heather Goodwin (hgoodwin@morrobayca.gov) Status:Signed Transaction ID:CBJCHBCAABAAhptqigdwTLAWvOlcuT_d4NpyQwt2ayxI "Reso 64-25 Authorizing Gull Removal" History Document created by Heather Goodwin (hgoodwin@morrobayca.gov) 2025-12-11 - 0:37:48 AM GMT Document emailed to cwixom@morrobayca.gov for signature 2025-12-11 - 0:39:05 AM GMT Email viewed by cwixom@morrobayca.gov 2025-12-11 - 2:55:34 AM GMT Signer cwixom@morrobayca.gov entered name at signing as Carla Wixom 2025-12-11 - 2:57:14 AM GMT Document e-signed by Carla Wixom (cwixom@morrobayca.gov) Signature Date: 2025-12-11 - 2:57:16 AM GMT - Time Source: server Document emailed to Dana Swanson (dswanson@morrobayca.gov) for signature 2025-12-11 - 2:57:18 AM GMT Email viewed by Dana Swanson (dswanson@morrobayca.gov) 2025-12-11 - 3:34:46 PM GMT Document e-signed by Dana Swanson (dswanson@morrobayca.gov) Signature Date: 2025-12-11 - 3:35:17 PM GMT - Time Source: server Agreement completed. 2025-12-11 - 3:35:17 PM GMT