HomeMy WebLinkAboutCC_2023-09-12 Regular Meeting Minutes - signedMINUTES - MORRO BAY CITY COUNCIL
REGULAR MEETING – SEPTEMBER 12, 2023
VETERAN’S MEMORIAL HALL – 5:30 P.M.
PRESENT: Carla Wixom Mayor
Laurel Barton Council Member
Cyndee Edwards Council Member
Jennifer Ford Council Member
Zara Landrum Council Member
ABSENT: None
STAFF: Yvonne Kimball City Manager
Chris Neumeyer City Attorney
Dana Swanson City Clerk
Sarah Johnson-Rios Assistant City Manager/Admin Services Dir.
Greg Kwolek Public Works Director
Scot Graham Community Development Director
Daniel McCrain Fire Chief
Amy Watkins Police Chief
Ted Schiafone Harbor Director
Nancy Hubbard Contract Planner
ESTABLISH QUORUM AND CALL TO ORDER
Mayor Wixom called the meeting to order at 5:33 p.m., with all members present.
MOMENT OF SILENCE
PLEDGE OF ALLEGIANCE
RECOGNITION – None
CLOSED SESSION REPORT – City Attorney Neumeyer reported Item CS-1 was an anticipated
future public agenda item. Regarding CS-4, depending on negotiations, there may be a public
agenda item.
MAYOR & COUNCILMEMBERS’ REPORTS, ANNOUNCEMENTS & PRESENTATIONS
https://youtu.be/yJBzjhs9K7A?si=4vT_U8gnBo0mSX8j&t=138
CITY MANAGER REPORTS, ANNOUNCEMENTS AND PRESENTATIONS
https://youtu.be/yJBzjhs9K7A?si=yRDGuSG_LamIFHWa&t=822
PRESENTATIONS
https://youtu.be/yJBzjhs9K7A?si=_7avCT80NIhx5EBr&t=973
• Proclamation recognizing the 65th Anniversary of the Estero Bay United Methodist Church.
PUBLIC COMMENT
https://youtu.be/yJBzjhs9K7A?si=lsdRSJN1_vlsTFyp&t=1194
Larry Newland expressed appreciation for the collaborative efforts and volunteers who helped
make the San Salvador visit successful.
Scott Mather, Morro Bay Maritime Museum Board Member, urged the Council to approve Item A-
3 and commented on recent Maritime Museum events.
Judy Salamacha, Morro Bay resident and Maritime Museum Board Member, announced
upcoming Maritime Museum events.
AGENDA NO: A-1 MEETING DATE: October 10, 2023
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MINUTES - MORRO BAY CITY COUNCIL MEETING – SEPTEMBER 12, 2023
Gail Johnson, Morro Bay, commented on the Request for Proposal issued for BESS facility safety
consulting services.
Garry Johnson, Maritime Museum Board Member, announced upcoming events, thanked Larry
Newland for his help organizing the San Salvador event and the Salinan Tribe for their
participation.
Jude Long announced the Ducky Derby fundraiser and upcoming event hosted by Morro Bay
Friends of the Library.
Val Seymour, Morro Bay, questioned the need for a lease agreement with the Maritime Museum,
commented on traffic issues from the Rock to the freeway and need for more parking along the
Embarcadero.
Greg Cronk commented on code enforcement issues pertaining to side lot fence heights.
Linda Winters, Morro Bay, commented on Monday Night Dinners and a bill sponsored by
Assemblymember Addis to protect mobile home park residents.
Doug Rogers, Morro Bay, wished to understand the impacts of the citizens’ initiative and
encouraged the Council to request the report (Item C-1).
Aaron Ochs, Morro Bay, commented on the citizens’ initiative and encouraged the City to deny
the battery energy storage project.
Mary Ann Gustafson announced the upcoming Lighthouse Century Bicycling Event to be held
September 23rd.
Ray Riordan, Board Chair Morro Bay Chamber of Commerce, invited residents to attend
Thursday’s Shop Sip & Stroll event.
Sheri Hafer, Atascadero, spoke on behalf of commercial fishermen asking the Council to approve
a resolution encouraging the offshore wind developers to join the Morro Bay Lease Areas Mutual
Benefits Corporation.
Barbara Doerr, Morro Bay, spoke regarding Item C-1 and encouraged the Council to immediately
put the initiative to a vote of the people.
Tom Hafer, President of Morro Bay Commercial Fishermen’s Organization, spoke regarding the
organization’s donation to help repair boat slips (Item A-9).
Betty Winholtz, Morro Bay, encouraged residents to submit written protests regarding the
proposed garbage rate increase.
Melinda Elster, Morro Bay, offered her support for the proposed development at 1140 Allesandro
and encouraged Council to deny the appeal (Item B-1).
Terry Simons, Morro Bay, requested clarification regarding public comment for the Consent
Agenda.
An unnamed resident shared he was interviewing chemists for a film about potential fire concerns
and ways to protect the community.
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MINUTES - MORRO BAY CITY COUNCIL MEETING – SEPTEMBER 12, 2023
Bill Martony, Morro Bay, commented on closed session discussions regarding Morro Elementary
and offered ways to alleviate traffic congestion along the Embarcadero.
Akash Patel spoke in opposition to Item C-2 and asked the City to redefine the meaning of rent
in the tax code.
Darshan Patel voiced concerns with the ordinance proposed in Item C-2 and requested the
existing ordinance be updated with clarifying instructions for hotel operators.
Thomas Shorey, Morro Bay, spoke in support of the project at 1140 Allesandro but sought
strategies that would keep residents parking on Allesandro rather than Marengo.
Mayor Wixom closed public comment.
A. CONSENT AGENDA
https://youtu.be/yJBzjhs9K7A?si=a9jKqyODgzFiBv8s&t=4948
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.
A-1 APPROVAL OF MINUTES FOR THE AUGUST 22, 2023, CITY COUNCIL SPECIAL
CLOSED SESSION MEETING; (CITY CLERK)
RECOMMENDATION: Approve as submitted.
A-2 APPROVAL OF MINUTES FOR THE AUGUST 22, 2023, CITY COUNCIL MEETING;
(CITY CLERK)
RECOMMENDATION: Approve as submitted.
A-3 ADOPTION OF RESOLUTION NO. 55-23 APPROVING A 10-YEAR LEASE
AGREEMENT WITH THE CENTRAL COAST MARITIME MUSEUM ASSOCIATION FOR
PROPERTY LOCATED AT 1210 EMBARCADERO ROAD; (COMMUNITY
DEVELOPMENT DEPARTMENT)
RECOMMENDATION: Staff recommends the City Council adopt Resolution No. 55-
23 (Attachment 1), approving a 10-year Lease Agreement with the Central Coast
Maritime Museum Association, a 501(c)(3), non-profit, public benefit corporation
(“Maritime Museum”) for the City property located at 1210 Embarcadero Road
including portions of APN: 066-311-041, portions of Front Street and portions of the
Embarcadero Road Right-of-Way.
A-4 ACCEPTANCE OF CALIFORNIA OFFICE OF TRAFFIC SAFETY (OTS) GRANT; (FIRE
DEPARTMENT)
RECOMMENDATION: 1) Authorize the Fire Department to accept the grant award
from the California Office of Traffic Safety Grant program for hydraulic extrication
equipment and airbags; and 2) Authorize the City Manager to approve execution of
grant related documents.
A-5 ADOPTION OF RESOLUTION NO. 56-23 APPROVING AMENDMENT #1 TO THE
LEASE AGREEMENT FOR CALIFORNIA COASTAL INVESTMENTS, LLC, DOING
BUSINESS AS LIBERTINE BREWING COMPANY, LEASE SITE 86/86W, 801
EMBARCADERO, MORRO BAY; (HARBOR DEPARTMENT)
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MINUTES - MORRO BAY CITY COUNCIL MEETING – SEPTEMBER 12, 2023
RECOMMENDATION: Staff recommends the City Council adopt Resolution No. 56-
23 approving Amendment #1 to the lease agreement for Libertine Brewing
Company, Lease Site 86/86/W.
A-6 ADOPTION OF RESOLUTION NO. 57-23 APPROVING UPDATED RECORDS
RETENTION SCHEDULE; (CITY CLERK)
RECOMMENDATION: Staff recommends the Council adopt Resolution No. 57-23
rescinding Resolution No. 76-19, approving the City of Morro Bay Records
Retention Schedule, and authorizing subsequent minor updates without further
Council action.
A-7 APPROVAL OF A ONE-YEAR EXTENSION TO THE CONTRACT WITH LENSLOCK
INC. FOR BODY WORN CAMERAS; (POLICE DEPARTMENT)
RECOMMENDATION: Staff recommends the City Council direct the City Manager
to execute a one-year extension with LensLock Inc., service provider of the
department’s current Body Worn Camera (BWC) system.
A-8 APPROVING A REVISED CONSENT OF LANDOWNER (COL) FORM; (HARBOR
DEPARTMENT)
RECOMMENDATION: Staff recommends the City Council approve a revised
Consent of Landowner Form.
A-9 ACCEPT $100,000 GRANT FUNDS FROM COMMERCIAL FISHERMAN’S
ORGANIZATION OF MORRO BAY, INC., (MBCFO), AMEND HARBOR CIP BUDGET
AND APPROVE USE OF FUNDS; (HARBOR DEPARTMENT)
RECOMMENDATION: Staff recommend the City Council adopt Resolution No. 58-
23, approving the acceptance of the MBCFO grant funds of $100,000 designated for
the Harbor Commercial Fishing Dock Repair Project, approve the MOU, approve
amending the Harbor budget for said amount and appropriating the funds for both
the revenues (923-9960-3390) and expenditures in the Harbor CIP fund (923), and
adding them to the “Storm Recovery-Dock Repairs” CIP project account number
923-9960-6106.
A-10 ADOPTION OF RESOLUTION NO. 59-23 APPROVING A CONSENT OF LANDOWNER
DOCUMENT FOR LEASE SITE 62/62W (MORRO BAY PADDLE SPORTS, 551
EMBARCADERO); (HARBOR DEPARTMENT)
RECOMMENDATION: Staff recommend the City Council adopt Resolution No. 59-
23, approving a Consent of Landowner (COL) document for Morro Bay Paddle
Sports, lease site 62/62W as presented.
A-11 CONSIDERATION OF APPOINTMENT OF DOUG HILL TO THE PUBLIC WORKS
ADVISORY BOARD; (CITY CLERK)
RECOMMENDATION: Staff recommends the City Council appoint Doug Hill to the
Public Works Advisory Board (“PWAB”) to fill an unscheduled vacancy for the
remainder of a term through January 31, 2024.
A-12 PROCLAMATION RECOGNIZING THE 65TH ANNIVERSARY OF THE ESTERO BAY
UNITED METHODIST CHURCH; (ADMINISTRATION)
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MINUTES - MORRO BAY CITY COUNCIL MEETING – SEPTEMBER 12, 2023
RECOMMENDATION: Approve as submitted.
Mayor Wixom opened public comment for the Consent Agenda.
Terry Simons, Morro Bay, suggested the Council discuss Item A-3 and need for additional public
restrooms in that area.
The public comment period was closed.
Council Member Ford announced she was recusing herself from Item A-3 due to potential
economic interest. Item A-3 was pulled for a separate vote.
MOTION: Council Member Barton moved approval of all items on Consent except Item A-3.
The motion was seconded by Council Member Edwards and carried 5-0.
Council Member Ford left the dais at 6:59 p.m.
A-3 ADOPTION OF RESOLUTION NO. 55-23 APPROVING A 10-YEAR LEASE
AGREEMENT WITH THE CENTRAL COAST MARITIME MUSEUM ASSOCIATION FOR
PROPERTY LOCATED AT 1210 EMBARCADERO ROAD; (COMMUNITY
DEVELOPMENT DEPARTMENT)
Community Development Director Graham responded to questions raised during public comment.
https://youtu.be/yJBzjhs9K7A?si=djeC3JahKgvKkR7E&t=5178
MOTION: Mayor Wixom moved approval of Item A-3. The motion was seconded by Council
Member Landrum and carried 4-0-1 with Council Member Ford having recused
herself.
Council Member Ford returned to the dais at 7:02 p.m.
The Council took a brief recess at 7:02 p.m. The meeting reconvened at 7:14 p.m. with all
members present.
B. PUBLIC HEARINGS
B-1 APPEAL OF THE PLANNING COMMISSION APPROVAL OF A PROPOSED MIXED
USE RESIDENTIAL/LIVE-WORK PROJECT THAT INCLUDES 5 ATTACHED
RESIDENTIAL DWELLINGS, 2 WITH LIVE/WORK SPACE ON THE GARAGE LEVEL
LOCATED AT 1140 ALLESANDRO AVENUE; (COMMUNITY DEVELOPMENT
DEPARTMENT)
https://youtu.be/yJBzjhs9K7A?si=q9IZwWtQqhZfcGSC&t=5384
Contract Planner Hubbard presented the report and responded to Council inquiries.
Council Member Ford, Council Member Landrum, Council Member Edwards and Mayor
Wixom disclosed ex parte communications with the appellant, Betty Winholtz, at the site.
Mayor Wixom opened the Public Hearing.
https://youtu.be/yJBzjhs9K7A?si=-NKL1HVw_zj9KJ9w&t=7198
Betty Winholtz, appellant, read comments submitted as agenda correspondence and
requested the curb and gutter improvements along Marengo not be deferred to allow for
parking on Marengo and that the required common open space be honored and provide
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MINUTES - MORRO BAY CITY COUNCIL MEETING – SEPTEMBER 12, 2023
a public benefit. If curb and gutter improvements along both sides were a financial burden,
she proposed improvements along Marengo be prioritized.
Gerald Luhr, applicant, provided background information on the project, responded to
appellant’s questions and concerns, and explained issues related to the proposed curb,
gutter and sidewalk improvements.
Mayor Wixom opened Public Comment.
Nattalia Merzoyan, Morro Bay, expressed concern about light industrial businesses being
allowed in that area and potential effect on the environment.
Jonathan King, Morro Bay, expressed parking and traffic concerns, opposed front doors
facing Marengo, and suggested no parking on one side would not solve the problem.
Terry Simons, Morro Bay, raised various concerns regarding the project, stating it was
overbuilt and under parked. He also questioned the validity of the 1992 encroachment
permit.
Paul Donnelly, Morro Bay, recounted Planning Commission consideration of the project,
questioned compliance with the City’s municipal code, and commented on parking as well
as curb, gutter and sidewalk improvements.
Lee Johnson, Morro Bay, commented on housing needs and urged the Council to support
the Planning Commission’s approval of the project.
Jamie Irons, Morro Bay, supported the project and asked how the deferral requirement
would be documented.
Linda Donnelly, Morro Bay, commented on setback requirements and suggested the curb,
gutter and sidewalk improvements be installed with the project.
Thomas Shorey, Morro Bay, expressed concern regarding parking impacts created if the
garages became ADUs.
The public comment period and Public Hearing were closed.
The Council discussed community concerns and issues raised during public comment.
MOTION: Council Member Landrum moved to uphold the appeal. The motion died for
lack of a second.
MOTION: Council Member Edwards moved to adopt Resolution No. 60-23, denying the
appeal and upholding the Planning Commission approval of the Coastal
Development Permit CDP22-004, Conditional Use Permit CUP22-06 and
TTM22-04 for the proposed tentative map and new mixed-use project to be
located at 1140 Allesandro Avenue with the following conditions: with respect
to the deferral, a time limit of two years; request Public Works follow up to look
into implementing no parking on Marengo Street; and that the landscaping plan
include watering requirement. The motion was seconded by Council Member
Ford.
The Council took a brief recess at 8:53 p.m. The meeting resumed at 9:03 p.m. with all
members present.
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MINUTES - MORRO BAY CITY COUNCIL MEETING – SEPTEMBER 12, 2023
Mr. Neumeyer and Mr. Graham spoke with the developer who indicated he was willing to
agree on record with what the Council had directed and recommended a revised
Resolution with those conditions be brought back on Consent at the next meeting.
Mayor Wixom reopened the public hearing and invited the applicant and appellant to the
podium to comment on the added conditions.
Mr. Luhr preferred a 10-year deferment or improvement of the adjacent property but
agreed to a 2-year deferment adding the community garden would be removed when the
curb, gutter and sidewalk improvements are made.
Ms. Winholtz suggested the improvements be made now and not deferred.
The public hearing was closed.
The motion carried 4-1 by roll call vote with Council Member Landrum opposed.
Council Member Ford recused herself from Item C-1 out of respect for public perception
and left the dais at 9:08 p.m.
C. BUSINESS ITEMS
C-1 CERTIFY RESULTS OF CITIZENS INITIATIVE PETITION ENTITLED “INITIATIVE
MEASURE TO AMEND CITY OF MORRO BAY’S GENERAL PLAN (PLAN MORRO
BAY), ADOPTED BY CITY COUNCIL ON MAY 25, 2021, TO PROHIBIT, UNLESS
APPROVED BY MORRO BAY VOTERS, ANY CHANGE TO LAND USE
DESIGNATIONS OF VISITOR-SERVING COMMERCIAL OR
COMMERCIAL/RECREATIONAL FISHING, ON CERTAIN DESIGNATED PARCELS
WITHIN THE CITY” AND THEN: 1) ORDER A REPORT ON THE EFFECTS OF THE
PROPOSED INITIATIVE; 2) ADOPT THE ORDINANCE WITHOUT ALTERATION; OR,
3) SUBMIT THE ORDINANCE WITHOUT ALTERNATION TO THE QUALIFIED VOTERS
OF THE CITY AS A PROPOSED MEASURE AT A REGULAR MUNICIPAL ELECTION;
(CITY MANAGER/CITY CLERK)
https://youtu.be/yJBzjhs9K7A?si=TtofboPUIw4I9j_Z&t=11642
City Clerk Swanson provided the report.
There was consensus to go past 9:30 to finish the item.
The public comment period for Item C-1 was opened.
https://youtu.be/yJBzjhs9K7A?si=lXAt4xJzvEw0LH5k&t=12294
Casey Cordes, Morro Bay, urged the Council to order a report on the impacts of the
initiative and then call the election.
Walter Heath, Morro Bay, was skeptical about the safety of the proposed battery storage
facility and urged fellow community members to trust the deliberative process.
Rachel Wilson, Cayucos, commented on the citizens’ initiative and desire to preserve
current zoning as approved in Plan Morro Bay.
Terry Simons, Morro Bay, offered nearly every decision made by City Council must be
ratified by the Coastal Commission and that agency would have final say on the Vistra
Project.
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MINUTES - MORRO BAY CITY COUNCIL MEETING – SEPTEMBER 12, 2023
Barry Branin, Morro Bay, urged the Council to let voters decide if the land use remains as
approved in Plan Morro Bay.
Lee Johnson, Morro Bay, urged the Council to order the report and direct staff to provide
information on state and federal clean energy initiatives like AB 205.
Betsy Gaudette-Cross, Morro Bay, disagreed with the previous speaker and felt decisions
of this magnitude should be decided by the people.
A unnamed resident urged the Council to not order a report and send the initiative to the
voters.
Nicole Dorfman, Morro Bay, suggested the City explore brownfield remediation grant
assistance offered by EPA and the State Lands Commission to bring about economic
development.
Bill Martony, Morro Bay, commented on the process and cost to remove the stacks, power
plant, and remediate the site.
Betty Winholtz, Morro Bay, opposed using staff time to conduct a study and opined people
will vote for safety.
Karen Aguilar, Morro Bay, urged the Council to place the initiative on the ballot.
Jamie Irons, Morro Bay, urged the Council to adopt recommendation #1 as described in
report and direct the City Attorney to provide legal analysis of AB 205 as it relates to the
proposed battery storage project.
Linda Donnelly, Morro Bay, thanked those who circulated and signed the initiative and
urged the Council to put this to the vote of the people.
Paul Donnelly, Morro Bay, urged the Council to put the initiative to a vote of the people.
Judy Setting, Morro Bay, offered comments regarding the appraised value of the property
and PG&E’s responsibility to remediate the site.
Jeff Eckles, Morro Bay, suggested a report was not needed and urged Council to place
the initiative on the next regular election.
The public comment period for Item C-1 was closed.
MOTION: Council Member Barton moved to call for an election on the ordinance by
adopting Resolution No. 61-23 calling for a General Municipal Election to
be held on Tuesday, November 5, 2024, for the submission of Ordinance
No. 659(b) to the qualified voters of the City as a proposed measure, and
adopt Resolution No. 62-23 setting priorities for written argument(s), and
directing the City Attorney to prepare an impartial analysis, striking section
2 with regard to Council preparing arguments against the measure. The
motion was seconded by Council Member Landrum.
The Council discussed Resolution No. 63-23 providing for rebuttal arguments; there was
consensus to not adopt that resolution.
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MINUTES - MORRO BAY CITY COUNCIL MEETING – SEPTEMBER 12, 2023
Following comments, the motion carried 4-0-1 by roll call vote with Council Member Ford
having recused herself.
Council Member Ford rejoined the meeting at 10:24 p.m.
C-2 INTRODUCTION AND FIRST READING OF ORDINANCE NO. 660 AMENDING
SECTION 3.24.100, AND REPEALING AND REPLACING SECTION 3.24.110, OF
CHAPTER 3.24 OF THE MORRO BAY MUNICIPAL CODE, UPDATING THE
TRANSIENT OCCUPANCY TAX APPEALS PROCESS; (CITY MANAGER/CITY
ATTORNEY/ASSISTANT CITY MANAGER/ADMIN SERVICE DIRECTOR)
https://youtu.be/yJBzjhs9K7A?si=1XgV1F8v_yAeMIbS&t=16168
City Attorney Neumeyer provided the report and responded to Council inquiries.
The public comment period for Item C-2 was opened.
https://youtu.be/yJBzjhs9K7A?si=JOfE6L3tCnArG92t&t=16468
Terry Simons, Morro Bay, commented on the appeal fees noting they should not be
penalized if the appeal is upheld.
Betty Winholtz, Morro Bay, agreed with Mr. Simon and suggested a person should not be
penalized for trying to get a judicious decision.
The public comment period for Item C-2 was closed.
Mayor asks at future date bring back code for future amendments.
MOTION: Council Member Ford moved the Council introduce for first reading by title
only, with further reading waived, Ordinance No. 660 Amending Section
3.24.100, and Repealing and Replacing Section 3.24.110, of Chapter 3.24 of
the Morro Bay Municipal Code, Updating the Transient Occupancy Tax
Appeals Process. The motion was seconded by Council Member Barton and
carried 5-0 by roll call vote.
C-3 DISCUSSION OF WATERFRONT MASTER PLAN UPDATE AND AUTHORIZATION TO
SUBMIT A GRANT APPLICATION FOR CALIFORNIA COASTAL COMMISSION LCP
LOCAL ASSISTANT GRANT PROGRAM FUNDING; (COMMUNITY DEVELOPMENT)
https://youtu.be/yJBzjhs9K7A?si=9JO_FNlATccIS3bL&t=16754
This item was continued to the September 26, 2023 regular meeting.
D. COUNCIL DECLARATION OF FUTURE AGENDA ITEMS
https://youtu.be/yJBzjhs9K7A?si=9gBsnQ9BFTAOU7oB&t=16760
Council Member Landrum requested discussion of the homeless impacts along Quintana
Road. Staff explained draft ordinances are being prepared for consideration at a future
meeting.
E. ADJOURNMENT
The meeting adjourned at 10:37 p.m.
Recorded by:
Dana Swanson, City Clerk Dana Swanson (Oct 11, 2023 14:11 PDT)
Dana Swanson
A1 CC_2023-09-12 Regular Meeting Minutes
Final Audit Report 2023-10-11
Created:2023-10-11
By:Heather Goodwin (hgoodwin@morrobayca.gov)
Status:Signed
Transaction ID:CBJCHBCAABAAAcvCiotT21gXgm6b5YjqjgoRufV-KyfG
"A1 CC_2023-09-12 Regular Meeting Minutes" History
Document created by Heather Goodwin (hgoodwin@morrobayca.gov)
2023-10-11 - 7:56:33 PM GMT
Document emailed to Dana Swanson (dswanson@morrobayca.gov) for signature
2023-10-11 - 7:57:12 PM GMT
Email viewed by Dana Swanson (dswanson@morrobayca.gov)
2023-10-11 - 9:10:55 PM GMT
Document e-signed by Dana Swanson (dswanson@morrobayca.gov)
Signature Date: 2023-10-11 - 9:11:08 PM GMT - Time Source: server
Agreement completed.
2023-10-11 - 9:11:08 PM GMT