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HomeMy WebLinkAbout1982_Reso 62-82 declaring June 82 election resultsRESOLUTION NO. 62-82 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, CALIFORNIA, RECITING THE FACT OF THE GENERAL MUNICIPAL ELECTION HELD IN SAID CITY OF MORRO BAY ON THE 8TH DAY OF JUNE, 1982, DECLARING THE RESULT THEREOF AND SUCH OTHER MATTERS AS ARE PROVIDED BY LAW WHEREAS, a consolidated general municipal election was held and conducted in the City of Morro Bay, County of San Luis Obispo, State of California, on Tuesday, the 8th day of June, 1982, as required by law; and WHEREAS, notice of said election was duly and regularly given in time, form, and manner as provided by the law; that voting precincts were property established; that election officers were appointed and that in all respects said election was held and conducted and the votes cast thereas, received and canvassed and the returns made and declared in time, form, and manner as required by the providions of the Elections Code of the State of California for the holding of elections in cities; and WHEREAS, pursuant to Resolution No. 06-82 adopted the 25th day of January, 1982, the County Clerk of the County of San Luis Obispo canvassed the returns of said election and the Board of Supervisors of the County of San Luis Obispo has certified the results to this City Council, said results are received, attached, and rude a part thereof as Exhibit "A". NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MORRO BAY, DOES RESOLVE AS FOLLOWS: SECTION.1. That there were 7 voting precincts established for the purpose of holding said election consisting (of consolidations) of the regular election precincts in the City of Morro Bay as established for the holding of State and County elections. SECTION 2. That said consolidated municipal election was held for the purpose of electing the following officers of said City as required by the laws relating to cities in the State of California, to wit; A Mayor of said City for the full term of two years; Two Members of the City Council of said City for the full term of four years; SECTION 3. That at said election, the following measure was submitted to the electors of said City, to wit: MEASURE "E" AN INITIATIVE ORDINANCE OF THE PEOPLE OF THE CITY OF MORRO BAY ESTABLISHING WATER ALLOCATION PROCEDURES PENDING DEVELOPMENT OF ADDITIONAL EXTERNAL WATER SOURCES Be it ordained by the people of the City of !Morro Bay as follows: SECTION 1. Purpose: The purpose of this ordinance is to maintain the historic growth pattern of Morro Bay and its unique character while supporting the goals of the California Coastal Act of 1976 as stated in Section 30001.5; and 30253 (5) which reads as follows: New development shall, where appropriate, protect special communities Resolution No. Election Certification Page 2 and neighborhoods which, because of their unique characteristics, are popular visitor destination points for recreational uses. This ordinance also insures that the Coastal Act development priorities of Sections 30254 and 30255 will be met by reserving an adequate amount of allocable water for those priorities. SECTION 2: Water Allocation: Until a significant, reliable.new supply of city water can be acquired from sources other than the acquifers underlying the Morro and Chorro valleys, any increase in availability of water resulting from (1) repair, replacement or maintenance of elements of the City's water distribution, (2) well maintenance or relocation or (3) other prudent management practices, shall be allocated to land use categories each year as follows: A. A maximum of 15% to Commercial uses, with priorities as follows: 1. Commercial fishing 2. Coastal Dependent as defined in Section 30101 of the California Coastal Act of 1976 3. Essential Public Services 4. Visitor Accomodations and Visitor Housing - Lower cost - General cost 5. Visitor Services - Lower cost - General rate 6. General Commercial Uses B. A maximum of 5% to Industrial uses, with priorities as follows: 1. Coastal Dependent 2. General Industrial Uses C. A minimum of 80% to Residential use, with priorities as follows: 1. Single family 56% 2. Multi family 18% 3. Duplex 6% SECTION 3: Water Equivalencies: Water Equivalency Table A of Ordinance 166 shall remain in effect until December 31, 1982. Prior to that date the Water Allocation Board (-as defined below) will review the water use by the various land use categories during the previous 5 years in order to determine the statistical accuracy of the Equivalency Table. Necessary revisions shall be made for future allocation decisions. SECTION 4: Water -Allocation Board: A Water Allocation Board (hereinafter called "Board") is hereby constituted. It shall have five public members appointed by the . council, each council member having one appointment; the Public Services Director and the Planning Director shall also serve as Board members. The chairman shall be chosen from the public members. The terms of the public members shall be three years. Appointees may succeed themselves in office. The Board shall determine by July 1st of each year the available water and the allocation program for.that fiscal year. Allocation shall be on a quarterly basis and any unallocated units shall be carried over from quarter to quarter and year to year, in each category. SECTION 5: Triennial Review: Every three years, beginning July 1st, 1985, land use water allocations and development patterns shall be reviewed by the Board and Resolution No. � • Election Certification Page Three Planning Commission jointly to ascertain development trends and consistency with the City's Local Coastal Program. Proposed changes in allocation percentages shall be presented to the City Council which shall approve or disapprove the proposals after a public hearing. A two-thirds vote of the Council shall be required. SECTION 6: Infill: In approving water allocations'infill shall be required. Infill is defined as: Development of vacant existing subdivided lots within existing developed areas of the city. An infill area is to be characterized as having supporting public infrastructure (i.e., utilities, and secondary thoroughfares or collector street systems). SECTION 7: Building Permit Applications: Applications for building permits will be referred from the Planning Department to the Water Allocation Board for determination of water availability and equivalencies for that pertinent land use category before being processed by the Department and the Planning Commission in accordance with Municipal Code Chapter 13.20.070. SECTION 8: Repeal of all Conflicting Ordinances: Existing Municipal Code Sections 12.20.010 (B), 13,20.020, 13.20.030, 13.20.040, 13.20.050, 13.20.060 and any and all other ordinances or municipal code sections in conflict herewith, are hereby repealed. NAMES OF NOMINEES Mayor: Warren M. Dorn and Eugene R. Shelton City Council: Dorotha Deutsch, Herminia Ward, Bruce Risley, and Raymond "Bud" Zeuschner THAT the measure voted upon at said election is as follows: MEASURE "E" AN INITIATIVE ORDINANCE OF THE PEOPLE OF THE CITY OF MORRO BAY ESTABLISHING WATER ALLOCATION PROCEDURES PENDING DEVELOPMENT OF ADDITIONAL EXTERNAL WATER SOURCES Be it ordained by the people of the City of Morro Bay as follows: SECTION 1: Purpose: The purpose of this ordinance is to maintain the historic growth pattern of Morro Bay and its unique character while supporting the goals of the California Coastal Act of 1976 as stated in Section 30001.5; and 30253 (5) which read as follows: New development shall, where appropriate, protect special communities and neighborhoods, which, because of their unique characteristics, are popular visitor destination points for recreational uses. This ordinance also insures that the Coastal Act development priorities of Section 30254 and 30255 will be met by reserving an adequate amount of allocable water for those priorities. SECTION 2: Water Allocation: Until a significant, reliable new supply of city water can be acquired from sources other than the acquifers underlying the Morro and Chorro valleys, any increase in availability of water resulting from (1) repair, replacement or maintenance of elements of the Resoltuion No. • Election Certification Page Four City's water distribution, (2) well maintenance or relocation or (3) other prudent management practices, shall be allocated to land use categories each year as follows: A. A maximum of 15% to Commercial uses, with priorities as follows: 1. Commercial fishing 2. Coastal Dependent as defined in Section 30101 of the California Coastal Act of 1976 3. Essential Public Services 4. Visitor Accomodations and Visitor Housing - Lower cost - General cost 5. Visitor Services - Lower cost - General rate 6. General Commercial Uses B. A maximum of 5% to Industrial uses, with priorities as follows: 1. Coastal Dependent 2. General Industrial Uses C. A minimum of 80% to Residential use, with priorities as follows: 1. Single family 56% 2. Multi family 18% 3. Duplex 6% SECTION 3: Water Equivalencies: Water Equivalency Table A of Ordinance 166 shall remain in effect until December 31, 1982. Prior to that date the Water Allocation Board (as defined below) will review the water use by the various land use categories during the previous 5 years in order to determine the statistical accuracy of the Equivalency Table. Necessary revisions shall be made for future allocation decisions. SECTION 4: Water Allocation Board: A Water Allocation Board (hereinafter called "Board") is hereby constituted. It shall have five public members appointed by the council, each council member having one appointment; the.Public Services Director and the Planning Director shall also serve as Board members. The chairman shall be chosen from the public members. The terms of the public members shall be three years. Appointees may succeed themselves in office. The Board shall determine by -July 1st of each year the available water and the allocation program for that fiscal year. Allocation shall be on a quarterly basis and any unallocated units shall be carried over from quarter to quarter and year to year, in each category. SECTION 5: Triennial Review: Every three years, beginning July 1st, 1985, land use water allocations and development patterns shall be reviewed by the Board and Planning Commission jointly to ascertain development trends and consistency with the City's Local Coastal Program. • Resolution Na. Election Certification Page Five Proposed changes in allocation percentages shall be presented to the City Council which shall approve or disapprove the proposals after.a public hearing. A -two-thirds vote of the Council shall•be required. SECTION 6: In'fill: In approving water allocations infill shall be required. Infill is defined as: Development of vacant existing subdivided lots within existing developed areas of the city. An infill area is to be characterized as having supporting public infrastructure (i.e., utilities, and secondary thoroughfares or collector street systems). SECTION 7: Building Permit Applications: Applications for building permits will be referred from the Planning Department to the Water Allocation Board for determination of water availability and equivalencies' for that pertinent land use category before being processed by the Department and the Planning Commission in accordance with Municipal Code Chapter 13.20.070. SECTION 8: Repeal of all Conflicting Ordinances: Existing Municipal Code Sections 12.20.010 (B), 13,20.020, 13.20.030, 13.20.040, 13.20.050, 13.20.060 and any and all other ordinances or municipal code sections in conflict herewith, are hereby repealed. SECTION 6: The City Council does declare and determine that: Eugene R. Shelton was elected as Mayor of said City for the full term of two years; Raymond "Bud" Zeuschner was elected as a Member of the City Council of said City for the full term of four years; Bruce Risley was elected as a Member of the City Council of said City for the full term of four years. That as a result of said election, a majority of the qualified voters voting on Measure "E" relating to Water Allocation Procedures did vote AGAINST said Measure and that said proposition was NOT carried and shall NOT be adopted. SECTION 7: The City Clerk shall enter on the records of the City Council of said City, a state of the result of said election, showing: (1) The whole number of votes cast in the City' (2) The names of persons voted for; (3) The measures voted upon; (4) For what office each person was voted for; (5) The number of votes given at each precinct to each person, and for and against each measure; (6) The number of votes given in the City to each person, and for and against each measure. Resolution No. Election Certification Page Six SECTION 8: That the City Clerk shall immediately make and, upon compliance by the person elected with the provisions of Section 11550 and Section 11554 of the Elections Code of the State of California, shall deliver to each of such persons so elected a Certificate of Election signed by him and duly authenticated; that he shall also administer to each person elected, the Oath of Office prescribed in the State constitution of the State of Calfornia and shall have them subscribe thereto and file the same in his office. Whereupon, each and all of said persons so elected shall be inducted into the respective office to which they have been elected. SECTION 9: That the City Clerk shall certify to the passage and adoption of this resolution; shall enter the same in the book of original Resolutions of said City; and shall make a minute of the passage and adoption thereof in the records of the proceedings of the City Council of said City, in the minutes of meeting at which the same is passed and adopted. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held thereof on June 28, 1982, by the following roll call vote: AYES: Anderson, Deutsch, Lemons, bard, Dorn NOES: None ABSENT: None ADOPTED: 4 WARREN M. DORN, MAYOR . ATTEST: PAUL BAXTER, CIT ERK