HomeMy WebLinkAboutReso_ 100-20 Gull RemovalRESOLUTION NO. 100-20
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 7.16.025 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 7.16.025 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 2015, Council provided authorization to remove Gull nests from the roofs
of the condominium units at Bayshore Village and adopted Resolution No 76-15 on December
8 2015, 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, 2020; and
WHEREAS in September of 2020, 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 7.16.025 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 November 17, 2020 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; and
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 7.16.025 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.
City Council Resolution 100-20
Gull Exemption Bayshore Village
Page 2
Section 2. Exemption Granted. The City Council hereby conditionally grants the Bayshore
Village Homeowners Association an exemption from the Morro Bay Municipal Code section
7.16.025 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, 2025; provided that the exemption applies only to Morro Bay
Municipal Code Section 7.16.025 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 perm/it and to each calendar year thereafter
while that grant is in effect.
B. The foregoing grant is effective only through December 31, 2025.
PASSED AND ADOPTED by the City Council of the City of Morro Bay, at a special meeting
thereof held on this 17th day of November 2020, by the following vote:
AYES' Headding, Addis, Davis, Heller, McPherson
NOES None
ABSENT: None
ABSTAIN: None
JOHN EAsDING,-Mayor
ATTEST
1-4AA•stcer
DANA SWANSON, City Clerk