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HomeMy WebLinkAboutResoultion 01-74 to 82-741974'RESOLUTIONS INDEX RES. NO. TITLE DATE ADOPTED 70-74 RESOLUTION APPROVING GRANT OF USE PERMIT - AGREEMENT TO MORRO BAY - CHAMBER OF COMMERCE 10-14-74 71-74 RESOLUTION GRANTING A USE PERMIT TO THE MORRO - BAY LIONS CLUB TO CONDUCT A STREET PARADE 10-14-74 72-74 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY REQUESTING THE STATE -DEPARTMENT OF TRANSPORTATION AND THE FEDERAL HIGHWAY ADMINISTRATION TO APPROVE THE URBAN AREA BOUNDARY AND THE FEDERAL -AID URBAN STREET SYSTEM FOR THE MORRO BAY URBAN AREA 10-14-74 73-74 RESOLUTION APPROVING GRANT OF LEASE TO SAN LUIS OBISPO COUNTY AIR POLLUTION CONTROL DISTRICT 10-29-74 74-74 RESOLUTION ACCEPTING RECOMMENDATION�OF THE CI-TY PLANNING COMMISSION AND ADOPTING THE SEISMIC SAFETY ELEMENT OF THE CITY.GENERAL PLAN 10-29-74 75-74 RESOLUTION GRANTING A USE PERMIT TO MORRO BAY CHAMBER OF COMMERCE TO CONDUCT ANNUAII.GIB- RALTAR OF THE PACIFIC FESTIVI�Y PARADE 10-29-74 76-74 RESOLUTION ACCEPTING WORK AND GIVING NOTICE OF COMPLETION FOR CONSTRUCTION AND INSTAL- LATION OF JOB NO. PW 74-007-36 CONSTRUCTION OF WATER MAIN ON ZANZIBAR STREET, YERBA BUENA STREET A14D BEACHCOMBER DRIVE IN THE CITY OF MORRO BAY, CALIFORNIA 11-25-74 77-74 RESOLUTION APPROVING "LEASE SITE MAP" FOR THE CITY OF MORRO BAY 12-09-74 78-74 RESOLUTION CONFIRMING CANVASS OF SPECIAL MUNICIPAL ELECTION 12-23-74 79-74 RESOLUTION RESCINDING RESOLUTION NO. 55-74 APPROVING ASSIGNMENT OF LEASE SITE'NO. 18 FROM GEORGE F. BAIER AND RONALD F..MYERS-TO ZEKE'S WHARF 12-23-74 80-74 RESOLUTION ACCEPTING:WORK AND GIVING NOTICE OF COMPLETION FOR CONSTRUCTION AND INSTALLATION OF JOB NO. PW74-026-33 STREET RESURFACING PROJECT 12-23-74 81-74 RESOLUTION ACCEPTING EASEMENT FROM DAVID P. VIENNA AND FRANCES T. VIENNA, HUSBAND AND WIFE, AND DIRECTING RECORDATION 12-23-74 82-74 RESOLUTION AMENDING UNIFORM PROCEDURES FOR WITHDRAWAL OF FUNDS FROM ACTIVE AND INACTIVE ACCOUNTS AND RESCINDING RESOLUTION NO. 25'-'68 12--:23-�74 INDEX RES. NO. TETLE. �DATE,ADOPTED 57-74 RESOLUTION'REQUESTING THE BOARD OF SUPER-, VISORS OF THE COUNTY'.OF,SAN LUT,,P,OBISPO TO CONSOLIDATE A SPECIAL MUNICIPAL ELECTION OF THE CITY -OF MORRO BAY'TO BE HELD ON NOVEMBER S. 1934?-WITH THE,STATEWIDE GENERAL ELECTION TO BE HELD ON NOVEMBER 5, 1974, PURSUANT TO SECTION 23303 OF THE ELECTIONS'CODE 8-12774 58-74 RESOLUTION AMENDING RESOLUTION No. 487-74 WHICH ADOPTS A. POSITIONS CLASSIFICATIONS AND SALARY SCHEDULEr DESCRIBES METHODS OF AD-7 VANCEMENT AND REPEALING PREVIOUS' SALARY. RESOLUTIONS 8-,12774 59-74 RESOLUTION APPROVING PRIORITY PLAN FOR EXPENDITURES UNDER PROVISIONS OF THE STATE. BEACH, PARK, RECREATION, AND HISTORICAL FACILITIES BOND ACT OF 1974 8-12774 60-74 RESOLUTION SETTING THE TAX RATES AND APPOR-, TIONS FOR THE FISCAL YEAR 1974775 8_112�74 61-74 RESOLUTION DIRECTING THAT THE UNPAID CHARGES FOR WEED ABATEMENT BE FORWARDED TO THE COUNTYAUDITOR FOR INCLUSION ON THE 1974775 TAX ROLLS 8�12-_74 62-,74 RESOLUTION DIRECTING THAT THE UNPAID CHARGES TOR VEHICLE ABATEMENT BE FORWARDkD'TO THE COUNTY -AUDITOR FOR, INCLUSION ON THE la74775 TAX ROLLS 8�12�74 63-74 RESOLUTION APPROVING AGREEMENT BETWEEN THE CITY OF MORRO BAY AND THE STATE OF CALIFORNIA DEPARTMENT OF HIGHWAY PATROL FOR ABANDONED VEHICLE ABATEMENT PARTICIPATION 8-26-74 64-74 RESOLUTION ASKING THE LEAGUE OF CALIFORNIA CITIES TO SUPPORT LEGISLATION PROVIDING DUAL CITY -COUNTY CONTROL OF THE UNINCORPORATED AREAS SURROUNDING CITIES 8-26-74 65-74 RESOLUTION APPROVING GRANT OF USE PERMIT AGREEMENT TO MORRO BAY CHAMBER OF COMMERCE 9-23-74 66-74 RESOLUTION AUTHORIZING THE COUNTY OF SAN LUIS OBISPO TO PROVIDE ANIMAL REGULATION CONTROL SERVICES FOR THE CITY OF MORRO BAY 10-14-74 67-74 RESOLUTION DELEGATING AUTHORITY TO DETERMINE DISABILITY FOR RETIREMENT PURPOSES -TO THE CITY ADMINISTRATOR . 1 1 10-14-74 68-74 RESOLUTION APPROVING SUBLEASE ON'PORTION LEASE SITES NO. 134-137 1 (CRILL) 10-14�74 69-74 RESOLUTION APPROVING GRANT OF USE PERMIT AGREEMENT TO MORRO BAY.CHAMBER OF COMMERCE 10-14-74 1974 RESOLUTIONS - INDEX RES. NO. TITLE, DATE ADOPTED 43-74 RESOLUTION APPROVING AND ADOPTING A BUDGET FOR THE FISCAL YEAR 1974-75 6-24-74 44-74 RESOLUTION ACCEPTING TAX -DEEDED PROPERTY 1, AND CONSENTING TO RECORDATION 6-24-74 45-74 RESOLUTION AMENDING PROCEDURES AND GUIDE- LINES GOVERNING THE ENVIRONMENTAL IMPACT REPORTS 6-24-74 46-74 RESOLUTION APPROVING GRIEVANCE PROCEDURES FOR THE EMPLOYEES OF THE CITY OF MORRO BAY 6-24-74 47-74 RESOLUTION APPROVING UNITED STATES COAST GUARD LEASE #DOT-CG12-4532 FOR THE PERIOD JULY 1, 1974 THROUGH JUNE 30, 1975 6-24-74 48-74 RESOLUTION ADOPTING A POSITIONS CLASS- IFICATIONS AND SALARY SCHEDULE, DESCRIBING METHODS OF ADVANCEMENT AND REPEALING PREVIOUS SALARY RESOLUTIONS 7-08-74 49-74 RESOLUTION APPROVING AGREEMENT WITH SAN LUIS OBISPO COUNTY HOTLINE, INC. 7-22-74 50-74 RESOLUTION CONFIRMING CANVASS OF SPECIAL MUNICIPAL BOND ELECTION 7-22-74 51-74 RESOLUTION APPROVING AGREEMENT WITH MORRO BAY I CHAMBER OF COMMERCE FISCAL YEAR 1974-75 7-22-74 52774 RESOLUTION REQUESTING GENERAL PLAN ELEMENT TIME EXTENSIONS 7-22-74 53-74 RESOLUTION CALLING FOR A CONTRACT WITH THE CALIFORNIA HIGHWAY PATROL FOR ABANDONED VEHICLE ABATEMENT PARTICIPATION 7-22-74 54-74 RESOLUTION ACCEPTING DEED FROM W. STUART POTTER AND THELMA J. POTTER, HUSBAND AND WIFE, AND AUTHORIZING RECORDATION 7-22-74 55-74 RESOLUTION APPROVING ASSIGNMENT OF LEASE SITE NO, 18 FROM GEORGE F; BAIER, AND RONALD L. MYERS TO ZEKEkS WHARF Br12774 56-74 A RESOLUTION OF THE ClTY COUNCIL OF THE CITY - OF MORRO BAY, CALIFORNIA, CALLING AND GZVTNG NOTICE OF THE HOLDING OF'A SPECIAL MUNICIPAL ELECTION TO BE HELD IN SAID CTTY'ON TUESDAY, THE 5TH DAY -OF NOVEMBER?- 1974, FOR THE,SUB-,' MISSION TO THE QUALIFIED ElzuTuRb OF SAID CITY CERTAIN MEASURES RELATING TO ELE.6TION AND TERM OF OFFICE OF THE MAYOR AND CqNSOL7 IDATING SAID ELECTTqN WTTH, THE -'S�T�A,TE� 6 � WT-DE GENERAL ELECTION TO BE -HELD ON'�SAID DPTE, 8�12774 1974 RESOLUTIONS INDEX RES. NO. TITLE DATE ADOPTED 29-74 RESOLUTION AUTHORIZING ACCEPTANCE OF "AGREE- MENT AND GRANT OF EASEMENT" WITH THE STATE OF CALIFORNIA, DEPARTMENT OF PARKS AND RECREATION FOR AN ADDITIONAL KINGS AVENUE WATER STORAGE TANK 4-08-74 30-74 RESOLUTION ADOPTING RULES, REGULATIONS, AND FEES FOR THE MOORING OF VESSELS AT PIERS, DOCKS, AND OFF -SHORE MOORINGS WITHIN THE CORPORATE LIMITS OF THE CITY OF MORRO BAY 4-22-74 31-74 RESOLUTION APPROVING A LEASE BETWEEN THE CITY OF MORRO BAY AND THE STATE OF CALIFORNIA FOR BERTHING AND PARKING SPACE 4-22-74 32-74 RESOLUTION APPROVING CONTRACT OF SALE OF REAL PROPERTY:F'- ACCEPTING DEED FROM HENRY 0. BENDER AND AUTHORIZING RECORDATIO14 4-22-74 33-74 RESOLUTION AMENDING PROCEDURES AND GUIDELINES GOVERNING THE ENVIRONMENTAL IMPACT REPORTS 5-13-74 34-74 RESOLUTION APPROVING ASSIGNMENT OF LEASE FROM' CONTINENTAL HOSTS, INC. TO GOLDEN TEE MOTEL, INC. 5-13-74 35-74 RESOLUTION APPROVING A COOPERATIVE PROCESS FOR DETERMINING PROJECT PRIORITIES FOR FEDERAL AID URBAN FUNDING 5-13-74 36-74 RESOLUTION APPROVING SUBMISSION OF CITY OF MORRO BAY ANNUAL TRANSPORTATION CLAIM PURSUANT TO THE STATE OF CALIFORNIA TRANSPORTATION DEVELOPMENT ACT OF 1971 5-13-74 37-74 RESOLUTION AMENDING RESOLUTION NO. 34-74 APPROVING ASSIGNMENT OF LEASE FROM CON- TINENTAL HOSTS, INC., TO GOLDEN TEE MOTEL, INC. 5-28-74 38-74 RESOLUTION APPROVING SUBMISSION OF REVISED CITY OF MORRO BAY ANNUAL TRANSPORTATION CLAIM PURSUANT TO THE STATE OF CALIFORNIA - TRANSPORTATION DEVELOPMENT ACT OF 1971 5-28-74 39-74 RESOLUTION APPROVING CHANGING NAME OF TENANT ON LEASE - LEASE SITE NO. 50 & 5OW 5-28-74 40-74 RESOLUTION APPROVING THE RENEWAL OF UNITED STATES COAST GUARD LEASE #DPT-CG12-4020 FOR THE PERIOD JULY 1, 1974 THROUGH JUNE 30, 1975 6-10-74 41-74 RESOLUTION APPROVING GRANT OF USE PERMIT AGREEMENT 115 TO MORRO DUNES TRAILER PARK AND CAMPGROUND, INC. 6-10-74 42-74 RESOLUTION APPROVING GRANT OF USE PERMIT AGREEMENT 120 TO MORRO DUNES TRAILER PARK AND CAMPGROUND, INC. 6-10-74 46 1974 RESOLUTIONS '- INDEX RES. NO. TITLE -DATE ADOPTED 17-74 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, CALIFORNIA, ORDERING THE CANVASS OF THE GENERAL MUNICIPAL ELECTION TO BE HELD ON THE 5TH DAY OF MARCH, 1974, TO BE MADE BY THE CITY CLERK OF THE CITY OF MORRO BAY 2-25-74 18-74 RESOLUTION DETERMINING THAT THE PUBLIC INTEREST AND NECESSITY DE14AND THE ACQUISITION, CONSTRUCTION AND COMPLETION BY THE CITY OF MORRO BAY OF THE FOLLOWING MUNICIPAL IM- PROVEMENT, TO WIT: WASTEWATER RECLAMATION FACILITIES: AND THAT THE COST OF SAID MUN- ICIPAL IMPROVEMENT WILL REQUIRE AN EX- PENDITURE GREATER THAN THE AMOUNT ALLOWED THEREFOR BY THE ANNUAL TAX LEVY 2-25-74 19-74 RESOLUTION APPROVING GRANT OF USE PERMIT TO KIWANIS CLUB OF MORRO BAY-ESTERO FOR EASTER SUNRISE SERVICES 2-25-74 20-74 RESOLUTION APPROVING GRANT OF:USE PERMIT TO MORRO BAY FIRE FIGHTERS I.A.F.F. LOCAL 1855 2-25-74 21-74 RESOLUTION REQUESTING THE BOARD OF SUPERVISORS OF SAN LUIS OBISPO COUNTY TO PROVIDE FOR THE CONSOLIDATION OF A SPECIAL MUNICIPAL BOND ELECTION WITH THE STATE OF CALIFORNIA DIRECT PRIMARY ELECTION TO BE HELD ON JUNE 4, 1974 3-11-74 22-74 RESOLUTION AMENDING PROCEDURES AND GUIDELINES GOVERNING ENVIRONMENTAL IMPACT REPORTS 3-11-74 23-74 RESOLUTION APPROVING GRANT OF USE PERMIT AGREEMENT TO THE MORRO BAY CHAMBER OF COMMERCE 3-11-74 24-74 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY RECITING THE FACT OF THE GENERAL MUNICIPAL ELECTION HELD IN THE CITY OF MORRO BAY ON THE 5TH DAY OF MARCH, 1974, AND DECLARING THE RESULT THEREOF AND SUCH OTHER MATTERS AS ARE PROVIDED BY LAW 3-12-74 25-74 RESOLUTION PROHIBITING PARKING ON PORTIONS OF CERTAIN STREETS WITHIN THE CITY OF MORRO BAY - IMPROVEMENT DISTRICT NO-6 3-25-74 26-74 RESOLUTION APPROVING ASSIGNMENT OF LEASE SITES NO. 71,72,71W & 72W FROM LORENZO DAVIS AND VIOLET DAVIS TO JOHN J. KIRTH AND GISELA G. KIRTH 3-25-74 27-74 RESOLUTION ACCEPTING WORK AND GIVING NOTICE OF COMPLETION FOR CONSTRUCTION AND INSTALLATION OF POLICE STATION REMODELING IMPROVEMENTS 3-25-74 28-74 RESOLUTION ACCEPTING WORK AND GIVING NOTICE OF COMPLETION FOR CONSTRUCTION AND INSTALLATION OF FLOATS, RAMPS AND PILING IN THE CITY OF MORRO BAY 4-08-74 1974 RESOLUTIONS INDEX RES. NO. TITLE- DATE ADOPTED 1-74 RESOLUTION ACCEPTING WORK AND GIVING NOTICE OF COMPLETION FOR APPLICATION OF BITUMINOUS SEAL COAT ON VARIOUS CITY STREETS (SELECT SYSTEM PROJECT NO. 54) 1-14-74 2-74 RESOLUTION ACCEPTING WORK AND GIVING NOTICE OF COMPLETION FOR TRICKLING FILTER MOD- IFICATIONS 1-14-74 3-74 RESOLUTION APPROVING GRANT OF USE PERMIT AGREEMENT TO MORRO BAY ART ASSOCIATION 1-14-74 4-74 RESOLUTION SETTING DATE AND TIME FOR PUBLIC HEARING ON ADOPTION OF OPEN SPACE AND CON- SERVATION ELEMENT TO THE COMPREHENSIVE GENERAL PLAN 1-14-74 5-74 RESOLUTION OF INTENTION TO ABANDON PORTIONS OF CERTAIN CITY STREETS AND SETTING DATE FOR HEARING 1-14-74 6-74 RESOLUTION APPROVING BID FOR ANNUAL CHLORINE PURCHASE 1-14-74 7-74 RESOLUTION SUPPORTING ASSEMBLY BILL #594 OF THE CALIFORNIA LEGISLATURE FOR,THE 1973-74 REGULAR SESSION AND ANY OTHER SIMILAR LEG- ISLATION RELATING TO BEVERAGE CONTAINERS (FAILED) ------- 8-74 RESOLUTION OF INTENTION TO PURCHASE TAX DEEDED PROPERTY AND AGREEMENT TO PURCHASE 1-14-74 9-74 RESOLUTION APPROVING LOW BID FOR AN ELECT- RONIC ACCOUNTING SYSTEM 1-28-74 10-74 RESOLUTION AMENDING RESOLUTION NO. 48-73 TO. DELETE REFERENCE TOTHE SOUTH BAY FIRE DEPARTMENT 1-28-74 11-74 RESOLUTION IDENTIFYING THE BUILDING PERMIT SYSTEM AND REVIEW PROCEDURE WITH REGARD TO MUDSLIDE -PRONE AREAS 1-28-74 12-74 RESOLUTION REQUESTING �HE BOARD OF SUPER- VISORS TO ESTABLISH A ZONE OF THE SAN LUIS OBISPO COUNTY FLOOD CONTROL AND WATER CON- SERVATION DISTRICT FOR THE IMPLEMENTATION OF THE NACIMIENTO WATER PROJECT AND REQUEST- ING THAT THE CITY OF MORRO BAY BE INCLUDED IN SAID ZONE 2-11-74 13-74 RESOLUTION ADOPTING A BUDGET CALENDAR 1974-75 FISCAL YEAR 2- 74 14-74 RESOLUTION APPROVING GRANT OF USE PERMIT AGREEMENT TO THE COMMITTEE TO ELECT ROBERT DUNN AND THE COMMITTEE TO ELECT GENE SHELTON 2-f,1-74 15-74 RESOLUTION AWARDING FIRE AND ALLIED PERILS INSURANCE COVERAGE 2 -11-74 16-74 RESOLUTION ACCEPTING RECOMMENDATION OF THE CITY PLANNING COMMISSION AND ADOPTING THE OPEN SPACE AND CONSERVATION ELEMENT OF THE CITY GENER ; AL , PLAN 2-25-74 RESOLUTION NO. 82-74 RESOLUTION AMENDING UNIFORM PROCEDURES FOR WITHDRAWAL OF FUNDS FROM ACTIVE AND INACTIVE ACCOUNTS AND RESCINDING RESOLUTION NO. 25-68 T H E C I T Y C 0 U N C I L City of Morro Bay, California WkEREAS, the �ity'of Morro Bay has established a General Fund Account, a Harbor Trust Account, and inactive accountsffor deposit of funds; and WHEREAS, certai� other accounts were previously established by resolution and are no longer required; and I WHEREAS, the City of Morro Bay desires to establish a uniform procedure for withdrawal of funds from active and inactive accounts. NOW, THEREFORE, BE IT RESOLVED, that all checks, warrants, and/or withdrawal slips for the withdrawal of funds from all active and inactive accounts for.and on behalf, of the City of Morro Bay shall be signed as follows: 1. Facsimile signature of the Mayor, countersigned by the City Clerk or City Treasurer; or 2. Written signature of the Mayor, countersigned by the City Clerk or City Treasurer; or 3. Written signature of the Mayor Pro-Tempore countersigned by the City Clerk or City Treasurer. BE IT FURTHER RESOLVED that Resolution No. 25-68 is hereby rescinded. On motion by CcMay61!��Donohoo and seconded by Council- man Brown I the City Council of the City of Morro Bay hereby adopts the foregoing proposed resolution in its entirety on the following roll call vote: AYES: Councilmen Brown, Jennings, Mitchell, Pipitone and Mayor Donohoo NOES: None ABSENT: None ADOPTED: December 23, 1974 FRED R. DONOHOO, Mayor ATTEST: M. I;' WARDEN, City Clerk 0 9 RESOLUTION NO. 81-74 ,RESOLUTION ACCEPTING EASEMENT FROM DAVID P. VIENNA AND FRANCES T. VIENNA, HUSBAND AND WIFE, AND DIRECTING RECORDATION T H E C I T Y C 0 U N C I L City of Morro Bay, California Thb�'-1611owing resolution is hereby proposed: I i RESOLVED that thdt :certain easement by and between David P. Vienna and Frances-T. Vienna, husband and wife, grantors and the City of Morro Bay,'California, as grantee*granting to the City an easement for the right to construct, maintain, operate and use, water and sewer lines under and across the'northerly five (5) feet of -the Southeast half of Lot 2, in Block 11-D of Atascadero Beach, in the City of Morro Bay, California as per map thereof recorded July 2, 1917 in Book 2 page 15 et seq., of Maps, is hereby'accepted by the'City Council of the City of Morro Bay; and BE IT FURTHER RESOLVED that the City Clerk be and is hereby directed to record said easement, together with a copy of this resolution, in the Office of the Recorder of the County of San Luis Obispo. On motion by Councilman Jennings . and seconded by (Kayq.r,.j--,j.-, Donohoo , the City Council of the City of Morro Bay hereby adopts the foregoing proposed resolution in its entirety on the following roll call vote: AYES: Councilmen Brown, Jennings, Mitchell, Pipitone and Mayor Donohoo NOES: None ABSENT: None I ADOPTED: December 23, 1974 FRED R. DONOHOO, mayor ATTEST: M' L. WARDEN, City Clerk 4 .C� TO WHOM IT MAY CONCERN: NOTICE IS HEREBY GIVE14 by the undersigned City Clerk of the City of Mor ro Bay, San Luis Obispo County, California, that the work of construction and installation of a street, resurfacing- project in the City of Morro Bay, California, (job No. PW74-026-33), has been completed by L. D. Folsom, Inc. and that said work was accepted as completed on December 23, 1974, by the Morro Bay City Council by the adoption of Resolution No. 8.0-74 dated December 23, 1974. M. Z..WARDEN, City Clerk City of Morro Bay, California The undersigned hereby deposes and says: That he !.s the City Clerk of the City of Morro Bay, San Luis Obispo County, California; that he.has read the foregoing notice and knows the contents thereof; that the same is true of his own knowledge. ,I declare the foregoing to be true under penalty of perjury. Executed at Morro Bay, California, this 26th day of December, 1974. CERTIFICATION OF COMPLETION ..The undersigned hereby certifies that the work of Street Resurfacing, Job No. PW74-026-33, by L. D. Folsom, has been inspected and found to comply with the approved plans and specifications. It.is therefore recommended that the work be accepted as completed by the Morro*Bay City Council, and that the City Clerk be authorized to file a Notice of Completion.. Dated: -/21� c., �7 A? '-GEORGVE. CHRISSAKIS. City iEngineer 0 0 RESOLUTION NO. 80-74 RESOLUTION ACCEPTING WORK AND GIVING NOTICE OF COMPLETION FOR CONSTRUCTION AND INSTALLATION OF JOB NO. PW74-026-33 STREET RESURFACING PROJECT T H E C I T Y C 0 U N C I L City of Morro Bay, California WHEREAS, the Morro Bay City Council did, on October 14, 1974, award a contract for Job No. PW-74-026-33,' Stredt.Regurfacing Project, to L. D. Folsom', Inc., Box 556, Coalinga, California; and WHEREAS, the City Engineer has certified that said work has been completed in accordance with*the provisions of the contract. NOW, THEREFORE, BE IT RESOLVED that said work is accepted as completed on the*9th day of December, 1974, and the City Clerk is hereby directed to file a notice of completion in the office of the recorder of the County of San Luis Obispo. On motion by Councilman tJennings and seconded by Councilman Brown - , the Morro Bay City Council hereby adopts the fore- going proposed resolution in its entirety on the following roll call vote: AYES: Councilmen Brown, Jennings, Mitchell, Pipitone and Mayor Donohoo NOES: None .1 1 ABSENT: None ADOPTED: December 23, 1974 FRED R.' DONOHOO, Mayor ATTEST: . ft� llelc�- - . - M: Af. WARDEN, City Clerk 0 RESOLUTION NO. 79-74 RESOLUTION RESCINDING RESOLUTION NO. 55-74 APPROVING ASSIGNMENT OF LEASE SITE NO. 18 FROM GEORGE F. BAIER AND RONALD F. MYERS TO ZEKE'S WHARF T H E C I T Y C 0 U N C I L City of Morro Bay, California WHEREAS, the City Council did, on August 12, 1974, approve Resolution No. 55-74 approving assignment of Lease Site No. 18 from George F. Baier and Ronald L.'Myers to Zeke's Wharf, a partnership composed of George F. Baier IV, Emil J. Stober, George F. Baier III, and William H. BAier; and WHEREAS, the City of Morro Bay has received notice*from the parties involved that they wish this request for transfer withdrawn. NOW, THEREFOREj BE IT RESOLVED, that the City Council of - the City of Morro.Bay does hereby rescind Resolution No. 55-74, and I . BE IT FURTHER RESOLVED, that George F. Baier and Ronald L. Myers are hereby reinstated as leaseholders of Lease Site No. 18. On motion by Councilman Jennings and seconded by Councilman Brown , the City Council of the City of,Morro Bay hereby adopts the foregoing proposed resolution in its entirety on the following roll call vote: AYES: Councilmen Brown, Jennings, Mitchell, Pipitone and Mayor Donohoo NOES: None ABSENT: None ADOPTED: December 23, 1974 FRED R. UUNOHOO, Mayor ATTEST: M-�J,. WARDEN, City Clerk 0 RESOLUTION NO. 78-74 RESOLUTION CONFIRMING CANVASS OF SPECIAL MUNICIPAL ELECTION T H E C I T Y C 0 U N C I L City of Morro Bay, California WHEREAS, the Board of Supervisors of San Luis Obispo County has duly canvassed or caused to be canvassed the votes cast in the City of Morro Bay by the voters of the City upon the measure hereinafter set forth at the special municipal election consoli- dated with the State of California General Election held on November 5, 1974, and has certified to this City Council the result of the votes cast at said election upon said measure, which said certification is now on file in the office of this City Clerk. NOW,,THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay as follows: SECTION 1. The cavass and the result.of said election as shown by said certification is hereby ratified, confirmed and approved, and the City Clerk is hereby directed to enter this resolution on the minutes of this City Council as a statement of the result of said election,. SECTION 2. At said election the following measure to deter- mine if the electors shall elect a Mayor and four city councilmen and the term of said office of mayor was submitted to the voters of the City and the number of votes cast in the City for and against said measure was as follows: 7 TOTAL TOTAL VOTE VOTE "YES" " NO" MEASURE "P" - Shall the electors elect a Mayor and- four City Councilmen? 2162 820 MEASURE "Q" - Shall the term of office of Mayor be two years? 1832 860 MEASURE "R" - Shall the term of office of Mayor be four years? 877 1730 Resolution No. 78-7�- Page Two SECTION 3. The total number of votes cast in the City at said special municipal election and the total number of votes given in each precinct and by absentee voters of the City for and against said measure was and is set forth in said certifica- tion. SECTION 4. The City Council as a result of said election does declare and determine as follows: That the electors shall elect a Mayor and four city council- men; and That the term of office of Mayor shall be for two (2) years. On motion by Councilman Jennings and seconded by mayor�'-, I - the Morro Bay City Council hei�eby adopts the .�Donohoo I foregoing proposed resolution in its entirety on the following roll call vote: AYES: Councilmen Brown, Jenninqs, Mitchell, Pinitone and Mayor Donohoo NOES: None ABSENT: 'None ADOPTED: December 23, 1974 FRED R. DONOHOO, Mayor ATTEST: M/ 1. WARDEN, City Clerk MEASURE "R": "Shall the term of office of Mayor be four years?" Consolidated Precinct No. Yes No Total Vote 7 33 115 250 365 34 89 167 .256 .35 117 223 340 36 108 193 301 37 78 154 232 38 73 185 258 39 106 193 299 40 103 244 347 Absentee Vote: 88 121 .209 Total Vote C ast: 877 1730 2607 WITNESS my hand and.official seal this 26th day of November, 1974. C4,si TH WOLLAM .County Clerk I CERTIFICATE OF COUNTY CLERK RESULT OF CANVASS OF ALL VOTES CAST FOR CITY OF MORRO BAY MEASURES P,Q,R AT GENERAL ELECTION HELD NOVEMBER 5, 1974. STATE OF CALIFORNIA ) ss. COUNTY OF SAN LUIS OBISPO ) I, MISBETH WOLLAM, County Clerk of the County of San Luis Obispo, State of California, do hereby certify that pursuant to law I did canvass the returns of the above referenced election held in said City of Morro Bay on November 5, 1974, and that the total number of votes cast in said.city for and against the following measures are as follows: MEASURE "P": "Shall the electors elect i Mayor and four City Councilmen?" Consolidated Precinct No. Yes No Total Vote 33 297 104 461 .34- 223 70 293 35 283 96 379 36 '261 100 361 37 195 70 265 -38 203 89 292 :39 237 100 337 40 259 145 404 .Absentee Vote: 204 46 250 Total Vote Cast: 2162 820 2982 MEASURE "Q": "Shall the term of office of Mayor be two years?" Consolidated Precinct No. Yes No Total Vote ..33 244 125 369 -34 —171 92 263 35' 260 91 351 36 201 112 313 37 169 75 244 38 188 80 268 39 211 91 302 40 245 116 361 Absen tee Vote: 143 Total Vote Cast: 1832 78 221 860 2692 RESOLUTION NO. 77-74 RESOLUTION APPROVING "LEASE SITE MAP" FOR THE,CITY OF MORRO BAY T H E C I T Y C 0 U N C I L City of Morro Bay, California WHEREAS, the City of Morro Bay has prepared a vicinity map and sheet index entitled "Lease Sites Map" dated Novem- ber, 1974, consisting of thirteen (13) sheets; and WHEREAS, said map includes all those tide and sub- merged areas.hel:d in trust by the City of Morro Bay for the State of California; and WHEREAS, said map clearly identifies each lease site and its boundaries for easy reference and access. NOW, THEREFORE, BE IT RESOLVED by the City Council of th I e City of Morro Bay that that doucment entitled "Lease Sites map" dated November, 1974, consisting of thirteen (13) sheets is hereby designated as the official reference document for said lease sites. On motion by Councilman Jennings and seconded by Councilman Brown, the Morro Bay City Council hereby adopts the foregoing proposed resolution in its entirety on the following roll call vote: AYES: Councilmen Brown, Jennings, Mitchell and Mayor Donohoo NOES: None ABSENT: Councilman Pipitone j ADOPTED: December 9, 1974 FRED R. DONOHOO, Mayor ATTEST: A(Xlezlr,4� - M. It. -WARDEN, City Clerk 0 0 Recording requested by and when recorded return to: City Clerk City of Morro Bay 595 Harbor Street Morro Bay, Calif. 93442 RESOLUTION NO. 76-74 RESOLUTION ACCEPTING WORK AND GIVING NOTICE OF COMPLETION FOR CONSTRUCTION AND INSTALLATION OF JOB NO. PW 74-007-36 CONSTRUCTION OF WATER MAIN ON ZANZIBAR STREET, YERBA BUENA STREET AND BEACHCOMBER DRIVE IN THE CITY OF MORRO BAY, CALIFORNIA T H E C I T Y C 0 U N C I L City of Morro Bay, California WHEREAS, the Morro Bay City Council did, on May 28, 1974 award a contract for JOB NO. PW 74-007-36, CONSTRUCTION OF WATER MAIN ON ZANZIBAR STREET, YERBA BUENA STREET AND BEACHCOMBER DRIVE IN THE CITY OF MORRO BAY, CALIFORNIA, to G. & S. Construction Co., 1261 W. Cuyama Road, Ojai, California; and WHEREAS, the City Engineer has certified that said work has been completed in accordance with the provisions of the contract, NOW, THEREFORE, BE IT RESOLVED that said work is accepted as completed on the 19th day of November, 1974, and the City Clerk is hereby directed to file a notice of completion in the office of the recorder of the County of San Luis Obispo. On motion by Councilman Jennings and seconded by Councilman PiDitone , the Morro Bay City Council hereby adopts the foregoing resolution in its entirety on the following roll call vote: AYES: Councilmen Brown, Jennings, Mitchell, Pipitone and Mayor Donohoo NOES: None ABSENT: None ADOPTED: November .25,,'1974 FRED R. DONOHOO, Mayor ATTEST: M. L./WARDEN, City Clerk CERTIFICATION -OF -COMPLETION The undersigned hereby certifies that the work of construction of a water main on Zanzibar Street, Yerba Buena Street and Beachcomber Drive in the City of Morro.Bay, California (Job No. PW74-007-36),by G. & S. Construction Company has been inspected and has been found to comply with the approved plans and specifications and change orders issued therefor. It is therefore recommended that the work be accepted by the Morro Bay City Council as completed and that the City Clerk be authorized to file a Notice of Completion. DATED: November 19, 1974 Av�e� e. egul.�.Ot�� GEORGKE. CHRISSAKIS r Cit_ ngineer City of Morro Bay, California NOTICE OF COMPLETION TO WHOM IT MAY CONCERN: NOTICE IS HEREBY GIVEN by the undersigned City Clerk of the City of Morro Bay, San Luis Obispo County, California, that the work of construction of a water main on Zanzibar Street, Yerba Buena Street and Beachcomber Drive in the City of Morro Bay, California (Job No. PW74-007-36), has been completed by G. & S. Construction Company and that said work was accepted as completed on November 19 , 1974, by the Morro Bay City Council by the adoption of Resolution No. 76-74 dated November 25, 1974. R./t. WAR EN, City Clerk City of Morro Bay, California The undersigned hereby deposes and says: That he is the City Clerk of the City of Morro Bay, San Luis Obispo County, California; that he has read the foregoing notice and knows the contents thereof; that the same is true of his own knowledge. 1974. I declare the foregoing to be true under penalty of perjury. Executed at Morro Bay, California, this 27th day of November, M. L.'WARDEN, City Clerk�. '4- v. t- - 0 RESOLUTION NO. 75-74 RESOLUTION GRANTING A USE PERMIT TO MORRO BAY CHAMBER OF COMMERCE TO CONDUCT ANNUAL GIBRALTAR OF THE PACIFIC FESTIVITY PARADE T H E C I T Y C 0 U N C I L City of Morro Bay, California WHEREAS, the Morro Bay Chamber of Commerce has requested permission to use various city streets and other public property to assemble and conduct the annual Gibraltar of the Pacific Festivity Parade on November 9, 1974; and WHEREAS, said activities shall be held on public property: NOW, THEREFORE, BE IT RESOLVED that the Mayor of the City of Morro Bay is hereby authorized and directed to execute a Use Permit Agreement, a copy of which is attached hereto, authorizing the use of various city streets and other public property to assemble and conduct the annual Gibraltar of the Pacific Festivity Parade between the hours of 8:00 a.m. and 6:00 p.m. on November 9, 1974'; and BE IT FURTHER RESOLVED that the Morro Bay Police' Dep4rtment and Public Works Department are hereby authorized to assist in the conduct of these activities; and I BE IT FURTHER RESOLVED that the,Morro Bay Police Department is hereby authorized to restrict parking of vehicles on the streets designated as the parade route by posting "No Parking" signs at least 24 hours prior to the start of the street parade and to cause barricades to be placed at those locations required to insure the public safety during the conduct of said parade. On motion by Councilman Jennings and seconded by Councilman Brown , the Morro Bay City Council hereby adopts the fore- going proposed resolution in its entirety on the following roll call vote: AYES: Councilmen Brown, Mayor Donohoo NOES: None ABSENT: None ADOPTED: October 29, 1974 ATTEST: Jennings, Mitchell and Pipitone, and t-RED R. DONOHOO, Mayor - RESOLUTION NO. 74-74 RESOLUTION ACCEPTING RECOMMENDATION OF THE CITY PLANNING COMMISSION AND ADOPTING THE SEISMIC SAFETY ELEMENT OF THE CITY GENERAL PLAN T H E C I T Y C 0 U N C I L City of Morro Bay, California WHEREAS, the Planning Commission of the City of Morro Bay did, on September 16, 1974,. conduct a public hearing to con- sider the adoption of the Seismic Safety Element of the City General Plan in conformance with'Secti6n 653 51 of the Government Code of the State of California; and� WHEREAS, said Planning Commission did, by Planning Commission Resolution No. 47-74, adopt said Seismic Safety Element and did further recommend that the City Council formally adopt said Seismic Safety Element as a portion of the General Plan for the City of Morro Bay; and WHEREAS, the Morro Bay City Council held a public hearing on October 14, 1974, as required by Section 65355 of the Government Code of the State of California, at which hearing any person desir- ing to be heard to express their views for or against or in modification of said proposed Seismic Safety Element was so heard and their testimony c onsidered; the following resolution is hereby proposed: RESOLVED that the Morro Bay City Council does hereby adopt the Seismic Safety Element of the General Plan in conformance with Section 65355 of the Government Code of the State of California. On motion by Councilman J,,erinings and seconded by Councilman Brown , the Morro Bay City Council hereby 4dopts in its entirety the foregoing proposed resolution, on the following roll call vote: AYES: Councilmen Brown, Jennings, Mitchell and Pipitone, and Mayor Donohoo NOES:- None ABSENT: None RESOLUTION NO- 74-74 Page Two, ADOPTED: October 29, 1974 FRED R. DONOHOO,, Mayor-" ATTEST: M.A. WARDEN, City Clerk RESOLUTION NO. 73-74 RESOLUTION APPROVING GRANT OF LEASE TO SAN LUIS OBISPO COUNTY AIR POLLUTION CONTROL DISTRICT I T H E C I T Y C 0 U N C I L City of Morro Bay, California. The following resolution is hereby proposed: BE IT RESOLVED that that certain document entitled "Lease" by and between the City of Morro Bay and San Luis Obispo County Air Pollution Control District, a copy of which is attached hereto, is hereby approved by the Morro Bay City Council; and BE IT FURTHER RESOLVED that the Mayor -and City Clerk be and are hereby authorized and directed to sign said agreement for and on behalf of the City of Morro Bay. On*motion made by Councilman Jennings and seconded by Councilman Pipitone , the Morro Bay City Council hereby adopts the foregoing proposed resolution in its entirety on the following roll call vote: AYES: Councilmen Brown, Jennin�rs, Mitchell and Pipitone, and Mayor Donohoo NOES: None ABSENT: None ADOPTED: October 29, 1974 FRED R. DONOHOO, Mayor ATTEST: M.' L. WARDEN, City Clerk 16 RESOLUTION NO. 72-74 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY REQUESTING THE STATE DEPARTMENT OF TRANSPORTATION AND THE FEDERAL HIGHWAY AD- MINISTRATION TO APPROVE THE URBAN AREA BOUNDARY AND THE FEDERAL -AID URBAN STREET SYSTEM FOR THE MORRO BAY URBAN AREA WHEREAS, the Congress of the United States has, in the Federal -Aid Highway Act of 1973, declared it to be in the national interest for Federal Funds to be expended for highway projects on the Federal -Aid Urban System; and WHEREAS, based on the 1970 Census, the Bureau of the Census has designated Morro Bay as an Urban Area; and WHEREAS, before Federal -Aid will be made available for Urban System projects within this Urban Area, the Urban Limits must be established and a Federal -Aid Urban Road System must be designated; NOW, THEREFORE, IT IS HEREBY RESOLVED as follows: 1. The City Council of the City of Morro Bay requests that the Urban Area Limits and Federal -Aid Urban Road System, as shown on the attached maps marked Exhibit "A", be approved by the State Department of Transportation and the Federal Highway Administration. 2. Copies of this resolution be forwarded to Mr. Frank Gregory, District Director, California Department of Transportation, District 5, Post Office Box L, San Luis Obispo, California 93406. On motion by Councilman Jennings and seconded by Councilman Brown the Morro Bay City Council hereby adopts the foregoing proposed resolution in its entirety on the following roll call vote: AYES: C6uncilmen Brown, Jennings, Mitchell, and Pipitone, and Mayor Donohoo NOES: None ABSENT: None ADOPTED: October 14, 1974 Aee;��X- e_7 FRED R. DONOHOO, Mayor ATTEPT: M-'L- WARDEN, City Clerk AIL ...... ..... RTIFICATION 'CO '.I;,APPROVED'AS*1TO- NTENTS: APPROVED'AS`TO FORM- B BY B George/E. Chrissakis Michadl Le �Sage ity Attorney er City Engine C Date' Date lu By I Warden ..Mdfra I/. Yd . I . . I Ci y A ministrator b 15, 1974 Date. Octo er STATE OF CALIFORNIA COUNTY OF SAN LUIS OBISPO s1s'. CITY OF MORRO BAY I. Murray L. Warden, City Clerk of the City of Morro Bay, !'California, and ex officio Clerk of the City Council, DO HEREBY CERTIFY,�that the foregoing Resolution.No. 72-74 was duly and regularly introduced and adopted by said City Council at a regular meeting held October 14, 1974, by the following vote: AYES. Councilmen Brown, Jennings, Mitchell, Pipitone and Mayor Donohoo :NOES: None None ABSENT: 4War een C ity tl6rk of the City of Morro Bay and ex officio Clerk -of the City Council 4, -4 1�� 7 It RESOLUTION NO.71-74 RESOLUTION GRANTING A USE PERMIT TO THE MORRO BAY LIONS CLUB TO CONDUCT A STREET PARADE T H E C I T Y C 0 U N C I L City of Morro Bay, California WHEREAS, the Morro Bay Lions Club has reques�ted permission to use various City streets to assemble and conduct -the annual Halloween Parade on Thursday, October 31, 1974; the following resolution is hereby proposed: RESOLVED that the Mayor of the City -of Morro Bay be and is hereby authorized and directed to execute a Use Permit Agreement, a copy of which*is attached and made a part of this resolution, authorizing the use of various� City streets to assemble and conduct'the annual Halloween Parade, said streets designated for use are generally described as Shasta Avenue, Morro Bay Boulevard, and Monterey Avenue; and BE IT FURTHER RESOLVED that the Morro Bay Police Department is hereby authorized to restrict vehicular and pedestrian traffic on the parade route during the time of assembly and parade. on motion by Councilman Jennings and seconded by Councilman Brown , the Morro Bay City Council hereby adopts the foregoing proposed resolution in its entirety on the following roll call vote: AYES: Councilmen Brown, Jennings, Mitchell and Pipitone, and Mayor Donohoo NOES: None ABSENT: None ADOPTED: October 14, 1974 ATTEST: 4M WARDEN, City -Clerk mayor CERTIFICATION OF CITY CLERK 1. M. L. Warden OF THE CITY OF MORRO BAY DO HEREey��E:')! THAT THE FOREGOING IS A TRUE A140' CDR:.;:... .1 COPY OF Rp�qnluf-inn T,7,_ 7_j__7_4_____, PA BY TH NCIL OF ThE CITY O'SSE A� CITY EC (;V MORR& BAY A R LA R MEETING IHE.ih�A: HELD ON THE 14 *:h AY OF Oct ig 74 D A T E CITY c-LYR-9-- (SEAL) ; - r RESOLUTION NO. 70-74 RESOLUTION APPROVING GRANT OF USE PERMIT AGREEMENT TO MORRO BAY CHAMBER OF COMMERCE T H E C I T Y C 0 U N C-I L City of Morro Bay, California The following resolution is hereby proposed: RESOLVED, that that certain document entitled "Use Permit Agreement" between the City of Morro Bay and the Morro Bay Chamber of Commerce, a copy of which is attached hereto, is hereby approved by the Morro Bay City Council; and BE IT FURTHER RESOLVED that the Mayor and City Clerk be and are hereby authorized to sign said Agreement for and on behalf of the City of Morro Bay. On motion by Councilman Jennings and seconded by Councilman Pipitone , the Morro Bay City Council hereby adopts the foregoing proposed resolution in its entirety on the following roll call vote: AYES: Councilmen Brown, Jennings, Mitchell and Pipitone and Mayor Donohoo NOES: None ABSENT: None ADOPTED: October 14, 1974 FRED R. DONOBOO, Mayor ATTEST: M. L; WARDEN, City Clerk 411 California (hereinafter called CITY) hereby grants to the 51 Morro . Bay Chamber of C . ommerce 6 (hereinafter called PER1,1ITTEE) the right and privilege to use that 71J property of the City of Morro Bay located within the city limits 811 of the City of Morro Bay, County of San Luis Obispo, State of 9 California, and described in Exhibit "A" attached . hereto (hereinaftel 1011 called SAID PROPERTY), on the terims and conditions hereinafter set 1111 forth. 1211 . 1. The right and privilege granted to PERMITTEE pursuant to 13! 1 this. Use Permit Agreement shall become e ff'ective at the hour of 14 7:00 p.m. on Wednesday, November 20, 1974 , and shall exDire when 15 the purpose hereinafter specified has ceased, but in no event later' 16 than the*hour of 10:00 P-m- on Wednesday, November 20, 1974 .17 2. PERMITTEE shall use SAID PROPERTY for the purpose of- 18 conducting a fund raising benefit for the Centennial Stairway -sponsored by PERMITTEE 2011 3. 21 PERMITTEE shall at all times durin g said benefit adequately supe I rvise the participants in order toll 22 protect the lives and property of motorists, pedestrians, spectators 23 and participants. PERMITTEE shall. cooperate at all times with CITY 24 officers and employees in the installation, erection, dismantling, 25 or removal of signs, barricades, or other appropriate warni ng device 26 which are necessary, in the opinion of CITY, to protect the lives 27 and property of motorists, pedestrians, s�ectators, and participants 28 PERMITTEE shall, at all times promptly comply with all regulations, 29 rules, and orders of duly constituted CITY officials with respect.to, 30 any part or phase of the parade, including, by way of illustration 31 but not limitation, restrictions on smoking, composition of exhibits 32 speed, of the parade, and spacing between ne participan'ts' exhibits. 4 amusements and other facilities construc.ted or erected on SAID 2 PROPERTY by PERMITTEE. At the expiration of this Use Permit 3 Agreement, PER14ITtEE shall. surrender SAID PROPERTY to CITY in as 4 good condition as it was when it was originally received by 5 PEP%LIITTEE, reasonable wear excepted. 6 4.a This Use Permit Agreement is.granted to. PERMITTEE upon the express conditions that PERMITTEE shall keep and hold the CITY 8 free from all liability, expense, and claim for damages by reason 9 of any injury or death to any person or persons, including 10 PERMITTEE, or property of any kind whatsoever and to whomsoever 11 belonging, including PERMITTEE, from any cause or causes whatso- 1211 ever during the term of this Use Permit Agreement or any extension 1311thereof or any occupancy or use hereunder; PERMITTEE hereby 14 Icovenanting and agreeing to indemnify and save CITY harmle ss from 15 all liability, loss, cost, and obligations on account of or arising 16 out of any such injuries or losses howsoever occurring. 17 4.b PERMITTEE agrees to take out and keep in force during 18 the iift hereof at PERMITTEE'S expense, liability insurance to ..19 protect against any liability.to any person or persons, including 20 PERMITTEE, resulting from any occurrence in or about.or incident 21 to SAID PROPERTY and appurtenant areas in the amount of $100,006 22 to indemnify against the claim of one person; $300,000 against the 23 claim of two or more persons; and. $50 000 for property damage. 24 said policies,shall insure the . liability of PERMITTEE and the 25 liability, contingent or otherwise, of CITY.and such other persons, 26 firms, or corporations as may be designated by CITY. If PERMITTEE 27 does not kdep such insurance in full force and eff4ct, this Use 28 Permit Agreement.may be immediately terminated. PERMITTEE shall 2911 provide CITY with cooies or certificates of all of said policies 3011 including e . ndorsements which state that such insuran . ce shall. not be 31 cancelled except after ten days' prior written notice to CITY.. Eac] 32 such policy shall be approved as to form and insurancy company by CI J 2 1 4.c Any insurance policy insuring PERMITTEE agains . t claims, 2 expense, or liability for injury or death.to person or property 3 in or about SAID PROPERTY shall provide that the insurer shall not 4 acquire by subrogation any right of recovery which PERIMITTEE has 5 expressly waived in writing prior to the occurrence of the loss. 6 PERMITTEE hereby waives any tight of recovery against CITY f . or any 7 such claim, expense, orliability. 6 5. PERMITTEE shall pay all charges for all utilities, in- 9 cluding by way of illustration but�not limitation, electricity, 10 gas.. water, and telephone which are used on.or about -SAID PROPERTY 11 during the term of this Use Permit Agreement. 12 6. CITY shall have the right to enter upon SAID PROPERTY 13 at all reasonable hours to examinethe same or to make such repairs 14 discretion, or temporary alterations as CITY shall, in it's sole 15 desire. 16 CITY..OF MORRO BAY 17 18 Dated: Mayor 19 FRED R. DONOHOO ATTEST: 20 21 22 M. L.' WARDEN, City CleFk .23 PERMITTEE 24 25 26 Title 27 Dati� 28 29 30 31 32 F-F, -�2" U) M =M Ic. Cr ic 1 0 CD ve RESOLUTION NO. 69-74 RESOLUTION APPROVING GRANT OF USE PERMIT AGREEMENT TO MORRO BAY CHAMBER OF COMMERCE T H E C I T Y C 0 U N C I L City of Morro Bay, California The following resolution is hereby proposed: RESOLVED, that that certain document entitled "Use Permit Agreement" between the City of Morro Bay and the Morro Bay Chamber of Commerce, a copy of -which is attached hereto, is hereby approved by the Morro Bay City Council; and BE IT FURTHER RESOLVED that the Mayor and City Clerk be and are hereby authorized to sign said Agreement for and on behalf of the City of Morro Bay. On motion by Councilman Jennings and seconded by Councilman Pipitone , the Morro Bay City Council hereby adopts the foregoing proposed resolution in its entirety on the following roll call vote: AYES: Councilmen Brown, Jennings, Mitchell and Pipitone and Mayor Donohoo NOES: None ABSENT: None ADOPTED: October 14, 1974 FRED R. DONOHOO, Mayor ATTEST: 1(. WARDEN, City Clerk z:; USE PERMIT AGREZ"'MENT 2 3 The City of Morro Bay, a municipal corporation of the State 4 of Cal *�ornia (hereinafter called CITY) hereby grants to the the i Morro Bay Chamber of. Commerce (hereinafter called PERMITTEE 6 right to use, on I the terms and conditions hereinafter set forth, 7 that property of the Citv of.Morro Bay located within the city limits of the City of Morro Bay, County of San Luis Obispo, State 9 of California, and described as: that portion of Block 1, Town+ 10 of Morro, known as Morro Bay City Park, lying between Morro Bay Boulevard and Harbor Street in the City of Morro Bay (hereinafter 12 called SAID PROPERTY). 13 1 . The right and privilege granted to PERMITTEE' pursuant to this Use Permit Agreement shall become effective between the 14 lovember20, 1974 and 10:00 p,-,P.. 15 hours of 7:00 p.mi. onWednesday, on Wednesday, November 20, 1974. 16 17 2. PERZ-1ITTEE shall use SAID PROPERTY for the purpose of conducting Centennial Stairwav fund raising benefit and for 18 11 1 ig no other purnose. PEIRMITTEE may display such exhibits on SAID 20 PROPERTY as PEIIMITTEE deems necessary for such purpose, provided 21 22 23 24 25 26 2.7 29 30 31 however, that all rules, regulations, resolutions, and ordinances of the City of Morro Bay or any-depart-m-ent. thereof, including by way of illustration but not limitation, fire and saf ety orders, rules, regulations, or ordinances, shall at all times be complied with. 3. Prior to the expiration of this Use Permit Agreement, PER,MITTEE shall remove or cause to be removed, all exhibits and other facilit-ics ccr.structed or erccted or. - SAID PROPERTY by PER.'4ITTEE. At!.the expiration of this Use.Permit Agreementf' PERMITTEE shall surrender SAID PROPERTY to CITY in as good 32 �i 4 5 the express condition that PERMITTtE shall keep and hold CITY.free from all liability, expense, and claim for damages by reason of any 611 injury or death to any person or persons, including PERMITTEE, or 7 property of any kind whatsoever and to whorasoever belonging, 811including PEPVITTEE, from any cause or causes whatsoever during the 9 term of this Use Permit Agreement,or any extension thereof or any .10 ..occupancy or use hereunder; PER1,11TTEE hereby covenanting and 11 agreeing to indemnify and save CITY.harmless from all liability, 12 loss, cc st, and obligations on account of or arising out of any 13 1 such'injuries or losses howsoever occurring. 1411 4.b PE , RMITTEE agrees to take out and keep in force during thel .15 1life hereof, at PERMITTEE'S expense liability i nsurance to protect against any liability to any person or persons, including PERMIT 17 resulting from any occurrence in or about or incident to SAID 18 PROPERTY and appurtenant areas in the amount of $100,000 to 19 indemnify against the claim of one person, $300,000 against the 20 claim of two or more persons; and $50,000 for property damage. 21 Said policies shall insure the liability of PERMITTEE and the 22 liability, contingent or otherwise, of CITY and such other persons, 23 firms, or corporation . s as may be . designated by CITY. If PERMITTEE 24 does not keep such insurance in full force and effect, this Use 25 Permit Agreement may be immediately terminated. PERMITTEE shall 26 provide City with copies and certificates of all of said policies 27 including endorsements which state that such insurance shall not be 281 i cancelled except after ten (10) days prior writtLen-notice to CITY. 29 lEach.'such policy shall be approved as to form and insurance company' 30 by -CITY. 31 4.c Any insurance policy insuring PERMITTEE against claims, 32 expense, or liability for injury or death to person or property ir. 11 or about SAID PROPERTY.shall provide that the insurer shall not 2 acquire by subrogation any right of recovery which PERMITTEE has 3 expressly waived in writing prior to'the occurrence -of the loss. 4 PERMITTEE herebv waives any right.of recovery !against CITY for any 5. such claim, expense, or liability. 6 5. PERMITTEE shall pay all charges for all utilities, 7 including by way of illustration and not limitation, electricity, 8 gas, water, and telephone which are used on or about SAID PROPERTY 9 during the term of this Use Permit'Agreement. 10 6. CITY shall have the right to enter upon SAID PROPERTY at 11 all reasonable hours to examine the same or to make such repairs or 12 temporary alterations as CITY shall, in its sole discretion, desire. 13 CITY OF MORRO BAY 14 15 Dated: Mayor 16 17 ATTEST: C erk 20 21 22 Dated: /0////7/-" 23 24 PERMITTEE By. Title: 0 9 RESOLUTION NO. 68-74 RESOLUTION APPROVING SUBLEASE'ON PORTION LEASE SITES NO. 134-137 (CRILL) T H E C I T Y C 0 U N C I L City of Morro Bay, California WHEREAS, the City of Morro Bay is the lessor of certain property on the Morro Bay waterfront, described as Lease Sites No. 134-137; and WHEREAS, Rae M. Crill is the lessee of said property; and WHEREAS, said lease provides that the consent of City shall be obtained to any sublease of said property or portion of said property; and WHEREAS, said lessee has entered into a sublease agreement with Kathryn and Bernhard Harms, husband and wife, a copy of which sublease agreement has been presented to the City Council of the City of Morro Bay; and WHEREAS, lessee desires said sublease be transferred from Kathryn and Bernhard Harms to Gordon and Mary Ross, husband and wife, as shown on the attached Assignment and Acceptance of sub- lease agreement. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Morro Bay does hereby consent to the sublease of a portion of said Lease Site No. 134-137 to Gordon and Mary Ross. On motion by Councilman Jennings and seconded by Councilman Brown , the City Council of the City of Morro Day hereby adopts the foregoing proposed resolution in its entirety on the following roll call vote: AYES: Councilmen Brown, Jennings, Mitchell, and Pipitone and Mayor Donohoo NOES: None ABSENT: None ADOPTED: October 14, 1974 A_ ,FRED -R. "EFON01400-,r Mayor ATTEST: R.-L. WARDEN, City Clerk 0 0 RESOLUTION NO. 67-74 RESOLUTION DELEGATING AUTHORITY TO DETERMINE DISABILITY FOR RETIREMENT PURPOSES TO THE CITY ADMINISTRATOR T H E C I T Y C 0 U N C I L City of Morro Bay, Califori�ia WHEREAS, the City of Morro Bay (hereinafter referred to as Agency) is a contracting agency of the Public Employees' Retirement System; and WHEREAS, the Public Employees' Retirement Law requires that a contracting agency determine whether an employee of such agency in employment in which he is classified as a local safety member is disabled for purposes of the Public Employees' Retirement Law and whether such disability is "industrial" within the meaning of such law; and WHEREAS, the City of Morro Bay has determined upon legal advice that it may delegate authority to make such determina- tions to the incumbent of the position of City Administrator. NOW, THEREFORE, BE IT RESOLVED that the City Council does hereby delegate to the incumbent of the position of City Administrator authority to make determinations under Section 21023.6, Government Code, on behalf of the Agency, of disability and whether such disability is industrial and to certify such determinations and all other necessary informa- tion to the Public Employees' Retirement System; and BE IT FURTHER RESOLVED that such incumbent is authorized to make applications on behalf of the Agency for disability retirement of employees in employments in which they are local safety members and to initiate requests for reinstate- ment of such employees who are retired for disability. On motion by Councilman Jennings and seconded by Councilman Brown I the Morro Bay City Council hereby adopts the foregoing proposed resolution in its entirety on the following roll call vote: AYES: Councilmen Brown, Jennings, Mitchell and Pipitone and Mayor Donchoo NOES: None ABSENT: . None ADOPTED: October 14, 1974 FRED R. DONUHOO, Mayor ATTEST: M. L1. WARDEN, city cierK RESOLUTION NO. 66-74 RESOLUTION AUTHORIZING THE COUNTY OF SAN LUIS OBISPO TO PROVIDE ANIMAL REGULATION CONTROL SERVICES FOR THE CITY OF MORRO BAY T H E C I T Y C 0 U N C I L City of Morro Bay California WHEREAS, the County of San Luis Obispo on September 1, 1974, implemented its animal control program under the Department of Animal Regulations Control, and WHEREAS, Woods Humane Society is no longer providing animal regulations control services to the City of Morro Bay; and WHEREAS, the County of San Luis Obispo is willing to provide Animal Regulation Control services to the City during the period of time in which a final contract is 6eing negotiated; and WHEREAS, the City of Morro Bay is willing to reimburse the County of San Luis Obispo for services rendered, after entering into an agreement with the County of San Luis Obispo to do so; and WHEREAS, the health and safety of the citizens of the City of Morro Bay will be protected through allowing the County to provide Animal Regulation Control Services. NOW, THEREFORE, BE IT RESOLVED AND ORDERED by the City Council of the City of Morro Bay, County of San Luis Obispo, State of California, that the City of Morro Bay give authori- zation to the County of San Luis Obispo to provide Animal Regulation Control Services within the incorporated areas of the City. BE IT FURTHER RESOLVED AND ORDERED that the City of Morro Bay authorizes the County of San Luis Obispo to enforce all City ordinances related to animal regulation control. On motion by Councilman Jennings and seconded by Councilman Brown , the City Council of the City of Morro Bay hereby adopts the foregoing proposed resolution in its entirety on the following roll call vote: AYES: Councilmen Brown, Jennings, Mitchell, Pipitone and Mayor Donchoo NOES: None ABSENT: None ADOPTED: October 14, 1974 FRED R. DONOHOO, Mayor ATTEST; F771--WARDEN, City Clerk I E�] L] RESOLUTION NO. 65-74 RESOLUTION APPROVING GRANT OF USE PERMIT AGREEMENT TO MORRO BAY CHAMBER OF COMMERCE T H E C I T Y C 0 U N C I L City of Morro Bay, California The following resolution is hereby proposed: RESOLVED, that that certain document entitled "Use Permit Agreement" between the City of Morro Bay and the Morro Bay Chamber of Commerce, a copy of which is attached hereto, is hereby approved by the Morro Bay City Council; and BE IT FURTHER RESOLVED that the Mayor and City Clerk be and are hereby authorized to sign said Agreement for and on behalf ofthe City of Morro -Bay. On motion by Councilman Jennings and seconded by Councilman Pipitone the Morro Bay City Council hereby adopts the foregoing proposed resolution in its entirety on the following roll Call vote: AYES: Councilmen B-rown, Jennings, Mitchell, Pipitone and Mayor Donohoo NOES: None ABSENT: None ADOPTED: September 23, 1974 ATTEST: A. Y. WARDEN, City Clerk FRED R. DONOHOO, Mayor '4 USE PERMIT AGREEMENT 2 3 The City'of Morro Bay, A municipal corporation of the State 4 of California (hereinafter called,CI.TY) hereby grants to the 5 Morro Bay Chamber of Commerce (hereinafter called.PERMITTEE) the 6 right to use, on the terms and conditions hereinafter set forth, 7 that property of the City of Morro Bay located within the city 8 limits of the City of Morro Bay, County of San Luis Obispo, State 9 of California, and described as: that portion of Block 1, Town 10 of Morro, known as Morro Bay City Park, lying between Morro Bay 11 Boulevard and Harbor Street in the City of Morro Bay (hereinafter 12 called SAID PROPERTY). 13 1. The right and privilege granted to PERMITTEE pursuant 14 to this Use Permit Agreement shall become effective between the 15 hours of 12:01 a.m. on Saturday, November 9, 1974 and 11:59 p.m. 16 on Sunday, November 10, 1974. 17 2. PERMITTEE shall use SAID PROPERTY for the purpose of '18 conducting Gibraltar of the Pacific Jubilee Festivities, and for 19 no other purpose. PERMITTEE may display such exhibits on SAID 20 PROPERTY as PERMITTEE deems necessary for such purpose, provided 21, however, that all rules, regulations, resolutions, and ordinances 22 of the City of Morro Bay or any department thereof, including by 23 way of illustration but not limitation, fire and safety orders, 24 rules, regulations, or ordinances, shall at all times be complied 25 with. 26 3. Prior to the expiration of.this Use Permit Agreement, 27 PERMITTEE shall remove or cause to be removed,.all-exhibits and., 28 29 30 31 .32 other facilities constructed or er'ected on SAID PROPERTY by PERMITTEE. At the expiration of this.Use Permit Agreement, PERMITTEE shall surrender SAID.PROPERTY to CITY in as good r 1 2 3 4 5 8 7 8 9 10 11 12 13 14 15 18 17 18 19 20 21 22 23 24 25 28 27 28 29 30 31 32 condition as it was when it was originally received by PERMITTEE, reasonable wear excepted. 4.a This Use Permit Agreement is granted to PEPMITTEE upon the express condition that PERMITTEE shall keep and hold CITY free from all liability, expense, and claim for damages:-by reason of any injury or death to any person or persons, including PERMITTEE, or property of any kind whatsoever and to whomsoever belonging, including PERMITTEE, from any cause or causes whatsoever during the term of this Use Permit Agreement or any extension thereof or any occupancy or use hereunder; PERMITTEE hereby covenanting and agreeing to indemnify and save CITY harmless from all liability, loss, cost, and obligations on account of or arising out of any such injuries or losses howsoever occurring. 4.b PERMITTEE agrees to take out and keep.in force during the life hereof, at PERMITTEE'S expense, liability insurance to protect against any liability to any person or persons, including PERMITTEE, resulting from any occurrence in or about or incident to SAID PROPERTY and appurtenant areas in the amount of $100,000 to . indemnify against the claim of one person, $300,000 against the claim of two or more persons; and $50,000 for property damage. Said policies shall insure the liability of PERMITTEE and the liability, contingent or otherwise, of CITY and such other persons, firms, or corporations as may be designated by CITY. If PERMITTEE does not keep such insurance in full force-and effect, this Use Permit Agreement may be immediately. terminated. PERMITTEE, shall provide City with copies and certificates of all of said policies including endorsements which state that such insurance shall not be cancelled except 'after ten (10) days prior written notice to CITY. Each such policy shall be approved as to form and insurance, company by CITY. 4.c Any insurance policy insuring PERMITTEE against claims, expense, or liability for injury or death to person or property in r" es. 1 2 3 4 5 7 8 9 10 11 12 13 14 15 18 17 18 19 20 21 22 23 . 24 25 28 27 28 29 30 31 32 or about SAID PROPERTY shall provide that the insurer'shall not acquire by subrogation any right of recovery which PERMITTEE has expressly waived in writing prior to -the occurrence of the loss. PERMITTEE hereby waives any right of recovery against CITY for any such claim, expense, or liability. 5. PERMITTEE shall pay all charges for all utilities, including by way, of illustration and not limitation, electricity, gas, water, and telephone which are used on or about SAID PROPERTY during the term of this Use Permit Agreement. 6. CITY shall have the right to enter upon SAID PROPERTY at all reasonable hours to examine the same or to make such repairs or temporary alterations as CITY shall, in its sole discretion, desire. CITY OF MORRO BAY - Dated: ATTEST: //tptin, q'- 7.7- 7474- Dated: FRED R. DONOHOO, - ,Mayor PERMITTEE By. Title: %ice .4. Z1C c: RESOLUTION NO. 64 -74 RESOLUTION ASKING THE LEAGUE OF CALIFORNIA CITIES TO SUPPORT LEGISLATION PROVIDING DUAL CITY - COUNTY CONTROL OF THE UNINCORPORATED AREAS SURROUNDING CITIES T H E C I T Y C O U N C I L City of Morro Bay, California BE IT RESOLVED by the City Council of the City of Morro Bay as follows: 1. The League of California Cities is urged to consider and approve at its 1974 annual conference in Los Angeles, Exhibit "A" Resolution attached hereto and thereby incorporated herein. 2. The,City Clerk is directed to provide the League of California Cities Resolution Committee with copies of this Res- olution for its consideration and at the annual meeting on October 20 -23, 1974. On motion by Councilman Jennings and seconded by Councilman Pipitone , the Morro Bay City Council hereby adopts the fore- going proposed resolution in its entirety on the following roll call vote: AYES: Councilmen Brown, Jennings, Mitchell, Pipitone and Mayor Donohoo NOES: None ABSENT: None ADOPTED: August 26, 1974 ATTEST: M. L. ARDEN, City Clerk FRED R. DONOHOO • A RESOLUTION OF THE LEAGUE OF CALIFORNIA CITIES URGING THE ADOPTION OF STATE • LEGISLATION REQUIRING CITY APPROVAL OF • ALL DEVELOPMENT IN THE UNINCORPORATED AREAS SURROUNDING A CITY, WHEREAS, DEVELOPMENTS IN THE UNINCORPORATED AREAS SURROUNDING CITIES CREATE PROBLEMS FOR CITIES IN THE FORM OF INSENSITIVE LAND USE PATTERNS THAT MAY HAVE TO BE ANNEXED TO CITIES IN THE. FUTURE, AND IN PROVIDING MUNICIPAL SERVICES TO SAID AREAS, INCLUDING THOSE SERVICES REQUIRED BY STATE AGENCIES TO BE PROVIDED BY CITIES TO SAID AREAS; AND WHEREAS, COUNTIES, POSSESSING THE JURISDICTION TO ALLOW SUCH DEVELOPMENT, MAY ALLOW UNINCORPORATED AREAS TO DEVELOP AGAINST THE WISHES OF CITIES; AND WHEREAS, THE STATE WATER QUALITY CONTROL BOARD IS CHARGED WITH THE OVER -ALL RESPONSIBILITY OF GUARANTEEING ADEQUATE SEWAGE TREATMENT FOR ALL DEVELOPMENTS BOTH IN THE INCORPORATED AND UNINCORPORATED AREAS; AND WHEREAS, SAID BOARD PLACES THE BURDEN FOR ACCEPTING AND TREATING SEWAGE GENERATED BY DEVELOPMENTS IN UNINCORPORATED AREAS UPON CITIES WHICH OWN AND OPERATE SEWAGE TREATMENT FACILITIES, AND ENFORCES SAID BURDEN BY THREAT OF WITHHOLDING FEDERAL' OR STATE GRANTS IF SAID CITIES REFUSE TO ACCEPT AND TREAT SEWAGE FROM SUCH DEVELOPMENTS IN UNINCORPORATED AREAS OVER WHICH CITIES HAVE LITTLE OR NO CONTROL; AND WHEREAS, SAID BOARD MAKES SUCH DEMANDS WITHOUT CONSIDER- ATION OR REGARD FOR THE EFFECTS ON THE ENVIRONMENT OF DEVELOP- MENT PRESSURES CAUSED BY INCREASED SEWAGE SERVICES TO DEVELOP- MENTS IN UNINCORPORATED AREAS; AND EXHIBIT "A" • -2- WHEREAS, ADEQUATE PLANNING FOR FUTURE CITY GROWTH AND DEVELOPMENT REQUIRES THAT NO DEVELOPMENT BE PERMITTED IN THE UNINCORPORATED AREAS SURROUNDING A CITY WITHOUT PRIOR APPROVAL BY SAID CITY; NOW, THEREFORE, BE IT RESOLVED BY THE LEAGUE OF CALIFORNIA CITIES AS FOLLOWS: 1. THE LEAGUE SUPPORTS ADOPTION OF STATE LEGISLATION WHICH WOULD ASSURE CONTROL BY A CITY OF ALL DEVELOPMENT WITHIN THE UNINCORPORATED AREAS SURROUNDING THE CITY. THE AREAS TO BE CONTROLLED COULD BE DEFINED THROUGH SEVERAL METHODS, SOME OF WHICH FOLLOW BELOW AND EACH OF WHICH SHOULD BE CONSIDERED BY THE LEGISLATURE IN ENACTING SAID LEGISLATION: A. MILES MEASURED OUTWARD FROM THE CORPORATE CITY LIMITS, OR IF TWO CITIES ARE LESS THAN SAID MILES APART, THEN THE JURISDICTION SHOULD BE A POINT EQUIDISTANT BETWEEN THE CITIES OR AS OTHERWISE AGREED UPON BY BOTH CITIES. B. THE MAXIMUM AREA OF ULTIMATE CITY EXPANSION AS DETERMINED BY CITY AND COUNTY GENERAL PLANS. C. THE SPHERE OF INFLUENCE OF A CITY AS DETERMINED BY THE LOCAL AGENCY FORMATION COMMISSION PER GOVERNMENT CODE SECTION 54774. D. THE REGIONAL SERVICE AREAS FOR CITY SEWAGE TREATMENT FACILITIES AS DETERMINED BY THE REGIONAL WATER QUALITY CONTROL BOARD. EXHIBIT "A" • -3- E. SPECIAL SERVICE DISTRICTS ENCOMPASSING THE CITY IN WHICH THE CITY REPRESENTS OVER 25% OF THE TAX BASE FOR SAID DISTRICT, EXCLUDING THE PUBLIC UTILITY ROLLS. F. ANY ONE OR A COMBINATION OF ANY OR ALL OF THE ABOVE METHODS THAT WOULD YIELD THE LARGEST AREA TO BE CONTROLLED. 2. SAID LEGISLATION SHOULD ALLOW FOR THE ESTABLISHMENT OF DEVELOPMENT AND LAND USE CONTROLS BY THE CITY OVER THE UNINCORPORATED AREA DESIGNATED FOR SUCH SPECIAL CONTROLS, WHEREBY NO LAND FRACTURING OR DEVELOPMENT ACTIVITY COULD PRO- CEED WITHOUT THE APPROVAL OF BOTH THE CITY AND THE COUNTY. 3. SAID LEGISLATION SHOULD INCLUDE PROVISIONS THAT ALL STATE AGENCIES, BOARDS AND COMMISSIONS MUST RECOGNIZE AND. SUPPORT AS MINIMUM STANDARDS THOSE LAND USE CONTROLS IMPLE- MENTED BY CITIES AND COUNTIES, AND THAT NO SUCH STATE INSTRUMENT SHALL WITHHOLD STATE OR FEDERAL GRANTS OR OTHERWISE PENALIZE A CITY BECAUSE THAT CITY IS SEEKING TO ESTABLISH AND ENFORCE LAND USE,CONTROLS IN THE UNINCORPORATED AREA SURROUNDING IT. EXHIBIT "A" • RESOLUTION NO. 63 -74 RESOLUTION APPROVING AGREEMENT BETWEEN THE CITY OF MORRO BAY AND THE STATE OF CALIFORNIA DEPARTMENT OF HIGHWAY PATROL FOR ABANDONED VEHICLE ABATEMENT PARTICIPATION T H E C I T Y C O U N C I L City of Morro Bay, California WHEREAS, the Morro Bay City Council did on July 22, 1974, adopt Resolution No. 53 -74 calling for a contract with the California Highway Patrol for abandoned vehicle abatement participation; and WHEREAS, the attached Agreement implements the City's parti- cipation in the Abandoned Vehicle Abatement Program; and WHEREAS, said Agreement is for the period July 1, 1974 through June 30, 1975. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Morro Bay does hereby approve the attached Agreement with the State of California Department of California Highway Patrol; and BE IT FURTHER RESOLVED that the Mayor is hereby authorized and directed to sign said Agreement on behalf of the City Council and for the City of Morro Bay. On motion by Councilman Jennings and seconded by Councilman Brown ; the Morro Bay City Council hereby adopts the fore- going proposed resolution in its entirety on the following roll call vote: AYES: Councilmen Brown, Jennings, Mitchell, Pipitone and Mayor Donohoo NOES: None ABSENT: None ADOPTED: August 26, 1974 ATTEST: . WARDEN, City Clerk FRED R. D NOHOO, Mayor • • RESOLUTION NO. 62-74 RESOLUTION DIRECTING THAT THE UNPAID CHARGES FOR VEHICLE ABATEMENT BE FOREWARDED TO THE COUNTY AUDITOR FOR INCLUSION ON THE 1974 -75 TAX ROLLS T H E C I T Y C O U N C I L City of Morro Bay, California WHEREAS, Chapter 10.48 of Title 10 of the Morro Bay Municipal Code provides for the abatement of abandoned, wrecked, dismantled, or inoperative vehicles or parts thereof; and WHEREAS, the City of Morro Bay has conducted an abatement program whereby it complied with the sections of the above mentioned ordinance dealing with the notification to remove vehicles and the removal of such; and WHEREAS, Section 10.48.140 of Chapter 10.48 of Title 10 of the Morro Bay Municipal Code provide that charges for vehicle abatement shall constitute a lien upon the property on which said vehicle or parts thereof are abandoned; and WHEREAS, Section 10.48.180 of Chapter 10.48 of Title 10 provides that those charges not paid by the property owner within thirty (30) days shall be filed with the county auditor in order that the county auditor may enter each assessment on the county tax roll opposite the property referred to: NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Morro Bay hereby directs the unpaid charges for the vehicle abatement program be forwarded to the county auditor for inclusion on the 1974 -75 tax rolls. On motion by Councilman Jennings and seconded by Councilman Brown , the Morro Bay City Council hereby adopts the foregoing proposed resolution in its entirety on the following roll call vote: AYES: Councilmen Brown, Jennings, Mitchell, Pipitone and Mayor Donohoo NOES: None 1 ABSENT: None ADOPTED: August 12, 1974 ATTEST: . WARDEN, Ci£y Clerk t & /Y. . FRED R. DONOHOO, Mayor • RESOLUTION NO. 61 -74 RESOLUTION DIRECTING THAT THE UNPAID CHARGES FOR WEED ABATEMENT BE FOREWARDED TO THE COUNTY AUDITOR FOR INCLUSION ON THE 1974 -75 TAX ROLLS T H E C I T Y C O U N C I L City of Morro Bay, California WHEREAS, Chapter 8.12 of Title 8 of the Morro Bay Municipal Code provides for the abatement of weeds and other nuisances hazardous to the public health, welfare and safety; and WHEREAS, the City of Morro Bay has conducted its annual weed abatement program whereby it complied with the sections of the above mentioned ordinance dealing with the notification to remove weeds and the removal of such; and WHEREAS, Section 8.12.120 of Chapter 8.12 of Title 8 of the Morro Bay Municipal Code provides for the cost of abatement; and WHEREAS, said section provides that such charges shall con- stitute a lien upon said property; and WHEREAS, said section also provides that those charges not paid by the property owner prior to the first day of August of each year shall be filed with the county auditor in order that the county auditor may enter each assessment on the county tax roll opposite the property referred to: NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Morro Bay hereby directs the unpaid charges for the annual weed abatement program be forwarded to the county auditor for in- clusion on the 1974 -75 tax rolls. On motion by Councilman Jennings and seconded by Council- man Brown , the Morro Bay City Council hereby adopts the foregoing proposed resolution in its entirety on the following roll call vote: AYES: Councilmen Brown, Jennings, Mitchell, Pipitone and Mayor Donohoo NOES: None ABSENT: None ADOPTED: August 12, 1974 ATTEST: M. WARDEN, City Clerk FRED R. DONOHOO, Mayor RESOLUTION NO. 60 -74 RESOLUTION SETTING THE TAX RATES AND APPORTIONMENTS FOR THE FISCAL YEAR 1974 -75 T H E C I T Y C O U N C I L City of Morro Bay, California WHEREAS, the Final Budget of the City of Morro Bay for the fiscal year 1974 -75 has been approved and adopted by Resolution No. 43 -74 on June 24, 1974; and WHEREAS, the amount of assessed valuation for the City of Morro Bay has been received from the. Office of the Auditor - Controller of the County of San Luis Obispo with a prelimin- ary assessed valuation of $37,246,665: NOW, THEREFORE, BE IT RESOLVED that the total tax rate on taxable property within the City of Morro Bay for the fiscal year 1974 -75 be and is hereby fixed at $1.00 on each $100.00 of assessed valuation as established for city tax purposes and which is shoiwn upon the'assessment rolls of the County of San Luis Obispo; and BE IT FURTHER RESOLVED that all taxes collected at the rate of $1.00 per $100.00 of assessed valuation be apportioned as follows: General Fund $1.00 On motion by Councilman Jennings and seconded by C.�u;;MayoEn Donohoo , the Morro Bay City Council hereby adopts the foregoing proposed resolution in its entirety on the following roll call vote: AYES:, Councilmen Brown, Jennings, Mitchell, Pipitone and Mayor Donohoo NOES: None ABSENT: None ADOPTED: August 12, 1974 ATTEST: M. FRED R. DONOHOO, Mayor • RESOLUTION NO. 59 -74 RESOLUTION APPROVING PRIORITY PLAN FOR EXPENDITURES UNDER PROVISIONS OF THE STATE BEACH, PARK, RECREATION, AND HISTORICAL FACILITIES BOND ACT OF 1974. T H E C I T Y C O U N C I L City of Morro Bay, California WHEREAS, the State Beach, Park, Recreational, and Historical Facilities Bond Act of 1974 requires that each County shall consult with all cities and districts within the County which are authorized to provide park and recreation services and develop and submit to the State a priority plan for expenditure of the County's allocation; and WHEREAS, the County of San Luis Obispo has consulted with the City of Morro Bay which has prepared a priority plan for expenditure of the City's allocation, said priority plan being attached hereto marked Exhibit "A ". NOW, THEREFORE, BE IT RESOLVED that the priority plan for the expenditure of the City's allocation of funds under the State Beach, Park, Recreational, and Historical Facilities Bond Act of 1974, a copy of which plan is attached hereto marked Exhibit "A ", be and the same is hereby approved. BE IT FURTHER RESOLVED that the City Clerk is hereby directed to forward a certified copy of this resolution to the County of San Luis Obispo. On motion by Councilman Jennings , and seconded by Councilman Brown , the City Council of the City of Morro Bay hereby adopts the foregoing proposed resolution in its entirety on the following roll call vote: AYES: Councilmen Brown, Jennings, Mitchell, Pipitone and Mayor Donohoo NOES: None ABSENT: None ADOPTED: August 12, 1974 ATTEST: // 111/ WARDEN, ity Clerk FRED R. DONOHOO, Mayor 4) EXHIBIT "A" THE RECREATION BOND ACT OF 1974 A DISTRIBUTION. PLAN OF CITY ALLOCATIONS JURISDICTION City of Morro Bay ALLOCATED PORTION NAME OF PROJECT $ 38,150.00 1. Morro Rock Park 2. Sandspit • • RESOLUTION NO. 58-74 RESOLUTION AMENDING RESOLUTION NO. 48 -74 WHICH ADOPTS A POSITIONS CLASSIFICATIONS AND SALARY SCHEDULE, DESCRIBIES METHODS OF ADVANCEMENT AND REPEALING PREVIOUS SALARY RESOLUTIONS T H E C I T Y C O U N C I L City of Morro Bay, California WHEREAS, Resolution No. 48- 74centitled "Resolution adopting a positions classifications and salary schedule, describing methods of advancement'and repealing previous salary resolutions', was adopted by the City Council on July 8, 1974; and WHEREAS, said resolution did not provide for a salary for the City Administrator. NOW, THEREFORE,. BE IT RESOLVED that Section 4A, Appointed Officers, of Resolution No. 48 -74 is hereby amended to include the following:' City Administrator $1623 per month BE IT FURTHER RESOLVED that said amendment shall be effective as of July 1, 1974. On motion by Councilman Jennings and seconded by Councilman Brown , the City Council of. the City of Morro Bay hereby adopts the foregoing proposed resolution in its entirety on the following roll call vote: AYES: Councilmen Brown, Jennings, Mitchell, Pipitone and Mayor Donohoo NOES: None ABSENT: None ADOPTED: August 12, 1974 ATTEST: M. L. WARDEN, City Clerk .7014e� /47 . FRED R. DONOHOO, Mayor RESOLUTION NO. 57 -74 RESOLUTION REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF SAN LUIS OBISPO TO :CONSOLIDATE A SPECIAL MUNICIPAL ELECTION OF THE CITY OF MORRO BAY TO BE HELD ON NOVEMBER 5, 1974, WITH THE STATEWIDE GENERAL ELECTION TO BE HELD ON NOVEMBER 5;. 1974, PURSUANT TO SECTION 23303 OF THE ELECTIONS CODE T H E C I T Y C O U N C I L City of Morro Bay, California WHEREAS, the City Council of the City of Morro Bay has called a special municipal election in the City of Morro Bay to be held on November 5, 1974, for the purpose of submitting to the qualified voters of the City of Morro Bay a proposition to determine if the electors shall elect a Mayor and four city councilmen and the term of said office of Mayor as hereinafter in this resolution set forth; and WHEREAS, it is desirable that said special municipal election be consolidated with the statewide general election to be held on the same date and that within the City of Morro Bay the precincts, polling places and election officers of the two elections be the same, and that the Board of Supervisors of the County of San Luis Obispo canvass the returns of the special municipal election and that said statewide general election and special municipal election be held in all respects as if there were only one election. NOW, THEREFORE, BE IT RESOLVED as follows: Section 1. That pursuant'to the requirements of Section 23302 of the Elections Code, the Board of Supervisors of the County of San Luis Obispo be and it hereby is requested to consent and agree to the consolidation of a special municipal election with the state- wide general election on Tuesday, the 5th day of November, 1974, for the purpose of submitting to the electors of the City of Morro Bay a proposition to appear on the ballot as follows: Shall the electors elect a Mayor and four city council men? YES NO Shall the term of office Mayor be two years? of YES NO Shall the term of office Mayor be four years? of YES NO Section 2. Said Board of Supervisors is hereby authorized to canvass the returns of said special municipal election which it is hereby requested to consolidate with said. statewide general election and said election shall be held in all respects as if there were only one election, and only one form of ballot shall be used. • • Resolution No. Page Two Section 3. Said Board of Supervisors is hereby requested to issue instructions to the County Clerk to take any and all steps necessary for the holding of said consolidatedelection. Section 4. The City of Morro Bay recognizes that additional costs will be incurred by the County by reason of this consolida- tion and agrees to reimburse the County for any such costs. Section 5. That the City Clerk of the City of Morro Bay is hereby directed to file a certified copy of this resolution with the Board of Supervisors and the County Clerk of the County of San Luis Obispo. On motion by MayQTiQPnohoo . and seconded by Councilman Brown , the City Council of the City of Morro Bay hereby adopts the foregoing proposed resolution in its entirety on the following roll call vote: AYES: Councilmen Brown, Mitchell and Mayor Donohoo NOES: Councilmen Jennings and Pipitone ABSENT: None ADOPTED: August 12, 1974 ATTEST: M. EN, Cit. Clerk FRED R. DONOHOO, Mayor • RESOLUTION NO. 56 -74 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, CALIFORNIA, CALLING AND GIVING NOTICE OF THE HOLDING OF A SPECIAL MUNICIPAL ELECTION TO BE HELD IN SAID CITY ON TUESDAY, THE 5TH DAY OF NOVEMBER, 1974, FOR THE SUB- MISSION TO THE QUALIFIED ELECTORS OF SAID CITY CERTAIN MEASURES RELATING TO ELECTION AND TERM OF OFFICE OF THE MAYOR AND CONSOL- IDATING SAID ELECTION WITH THE STATE -WIDE GENERAL ELECTION TO BE HELD ON SAID DATE. WHEREAS, a petition has been filed with the legislative body of the City of Morro Bay by registered voters of the City of Morro Bay submitting a proposed measure relating to election and term of office of the Mayor; and WHEREAS, the City Council of the City of Morro Bay is authorized by statute to submit such measure to the qualified voters; NOW,.THEREFORE, THE CITY COUNCIL OF THE CITY OF MORRO BAY, CALIFORNIA, DOES HEREBY RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. That pursuant to the requirements of the laws of the State of California relating to General Law Cities within said State, there shall be, and there is hereby called and ordered, held in the City of Morro Bay, County of San Luis Obispo, State of California, on Tuesday, the 5th day of November, 1974, a Special Municipal Election of the qualified electors of said City for the purpose of submitting the following questions, to wit: : Shall the electors elect a : YES : : Mayor and four City Council- : : men? NO . Shall the term of office of . YES • • Mayor be two years? NO • : Shall the term of office of : YES : : Mayor be four years? NO . A cross (+) placed in the voting square after the word "YES" in the manner hereinbefore provided shall be counted in favor of the adoption of the question or proposition. A cross ( +) placed in the voting square after the word "NO" in the manner hereinbefore provided shall be counted against the adoption of the question or proposition. SECTION 2. That the special election hereby called for the date hereinbefore specified shall be' and is hereby ordered consolidated with 'the statewide general election to be held on said date, and within said city the 'precincts, polling places and officers of election for RESOLUTION, NO. 56 -74 Page Two the special municipal election hereby called shall be in the same as those provided for said statewide general election. The Board of Supervisors of San Luis Obispo County is hereby requested to order the consolidation of the' special municipal • election hereby called with said statewide general election, and said Board of Supervisors is hereby authorized to canvass the returns of said special municipal election, and said elections shall be held in all respects as if there were only one election, and only one form of. ballot, namely, the ballots used at said general election, shall be used. Said Board of'Supervisors shall certify the results of the canvass of the returns of said special ' municipal 'election of the City Council of said city which shall there- after declare the results the•reof.. A preposition submitted by this resolution' shall be designated on the ballot by a letter printed on the left margin of the square containing the description of the measure, as provided in Section 10231 of the Elections Code. SECTION 3. That notice of the time and place of holding said election is hereby given and the City Clerk is hereby authorized, instructed and directed to give such further or additional notice of said election in time, form and manner as required by law. SECTION 4. 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 the meeting at which the same is passed and adopted. On motion by CMayor_;Donohoo and seconded by Councilman. Brown , the City Council of the City of Morro Bay hereby adopts the foregoing proposed resolution in its entirety on the following roll call vote: AYES: Councilmen Brown, Mitchell and Mayor Donohoo, NOES: Councilmen Jennings and Pipitone ABSENT: None ADOPTED: August 12, 1974 ATTEST: FRED R. DONOHOO, Mayor RESOLUTION NO. 55 -74 RESOLUTION APPROVING ASSIGNMENT OF LEASE SITE NO. 18 FROM GEORGE F. BAIER AND RONALD L. MYERS TO ZEKE'S WHARF T H E C I T Y C O U N C I L City of Morro Bay, California WHEREAS, a request has been made by George F. Baier and Ronald L. Myers to transfer leasehold interest in Lease Site No. 18 to ZEKE'S WHARF, a partnership composed of George F. Baier IV, Emil J. Stober, George F. Baier III, and William H. Baier; and WHEREAS, it is in the public interest that the approval of this City Council be given to said assignment, provided the assignees assume all the obligations required to be assumed by lessee under said lease: . NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay as follows: 1. Consent is hereby.given'by said Council to the assignment by George F. Baier and Ronald L. Myers of the leasehold interest in Lease Site No. 18, to ZEKE'S WHARF, a partnership composed of George F. Baier IV, Emil J. Stober, George F. Baier III, and William H. Baier; and 2. A copy of the Assignment of Lease and Assumption Agreement is made a part of this resolution; and 3. This assignment shall be come effective upon receipt by the City of the executed Assignment of Lease and Assumption Agreement. On motion by Councilman Jennings and seconded by Councilman Brown , the Morro Bay City Council hereby adopts the fore- going proposed resolution in its entirety on the following roll call vote: AYES: Councilmen Brown, Jennings, Mitchell, Pipitone and Mayor Donohoo NOES: None ABSENT: None ADOPTED: August 12, 1974 ATTEST: M. L. ARDEN, City Clerk FRED R. DONOHOO, Mayor • RESOLUTION NO. 54 -74 RESOLUTION ACCEPTING DEED FROM W. STUART POTTER AND THELMA J. POTTER, HUSBAND AND WIFE, AND AUTHORIZING RECORDATION T H E C I T Y C O U N C I L City of Morro Bay „California The following resolution is hereby proposed: RESOLVED that the City of Morro Bay does hereby accept a Grant Deed from W. Stuart Potter and Thelma J. Potter, husband and wife as joint tenants, for all that real property described as Lots 1 and 2 in Block 38 of Tract No. 2, in the City of Morro Bay, County of San Luis Obispo, State of California, according to the map thereof recorded March 18, 1931 in Book 5, Page 20 of Maps, in the Office of the County Recorder of said County; and BE IT FURTHER RESOLVED that the City Clerk be and is hereby authorized and directed to record said Deed together with a copy of this resolution in the office of the Recorder of the County of San Luis Obispo. On motion by Councilman Jennings and seconded by Councilman Brown , the Morro Bay City Council hereby adopts the foregoing proposed resolution in its entirety on the following roll call vote: AYES: Councilmen Brown, Jennings, Mitchell, Pipitone and Mayor Donohoo NOES: None ABSENT: None ADOPTED: July 22, 1974 ATTEST: WARDEN, City Clerk FRED OHOO, Mayes or ' " RESOLUTION NO.. 53 -74 RESOLUTION CALLING FOR A CONTRACT WITH THE CALIFORNIA HIGHWAY PATROL FOR ABANDONED VEHICLE ABATEMENT 'PARTICIPATION T H E CITY C O U N C I L City of-Morro Bay, California WHEREAS, California Vehicle Code Sections 9250.7 and 22710 provide for an Abandoned Vehicle Trust Fund and a method of disbursement of funds to local agencies that participate in the Abandoned Vehicle Abatement Program; and WHEREAS, the City of Morro Bay has adopted an ordinance in accordance with the California Vehicle Code providing for the Abatement of Abandoned Vehicles; and WHEREAS, the City of Morro Bay desires to participate in the Abandoned Vehicle Abatement,.Program and share in the monies in said Abandoned Vehicle Trust Fund. NOW, THEREFORE, BE IT RESOLVED that the City of Morro Bay participate in the Abandoned Vehicle Abatement Program and call for a contract with the Department of California Highway Patrol for participation in said Abandoned Vehicle Abatement Program. On motion by Councilman Jennings and seconded by Councilman Brown , the City Council of the City of Morro Bay hereby adopts the foregoing proposed resolution in its entirety on the following roll call vote: AYES: Councilmen Brown, Jennings, Mitchell, Pipitone and Mayor Donohoo NOES: None ABSENT: None ADOPTED: July 22, 1974 ATTEST: M. L. WARDEN,-City Clerk. FRED R. DONOHOO, Mayor • RESOLUTION NO. 52 -74 RESOLUTION REQUESTING GENERAL PLAN ELEMENT TIME EXTENSIONS T H E C I T Y C O U N C I L City of Morro Bay, California WHEREAS', the Government Code of the State of California, in Chapters 3 and 4 of Title 7, directs each city and county to prepare and adopt a comprehensive, long-term general plan, and, WHEREAS, the general plan is composed of a number of separate elements, and, WHEREAS, the Council on Intergovernmental Relations has established a deadline for the completion of the general plan elements, and WHEREAS, the seismic safety element, the noise element, the safety element, the scenic highway element are required to be prepared and adopted by September 20, 1974, and WHEREAS, Section 65302.2 of the Government Code authorizes that the Council on Intergovernmental Relations, upon appli- cation by a city or county, may, in cases of extreme hardship, grant an extension of the due dates for such elements for a reasonable period of time. NOW, THEREFORE, BE IT RESOLVED that the City of Morro Bay finds that an extreme hardship exists in meeting the established deadline dates for the Noise, Scenic Highway and Safety elements. BE IT FURTHER RESOLVED THAT the City of Morro Bay is hereby requesting.a time extension for the preparation and adoption of the Noise, Scenic Highway and Safety elements as indicated on Exhibit "A ", the "Request for General Plan Element Extensions." On motion by Councilman Jennings and seconded by Councilman Pipitone , the Morro Bay City Council hereby adopts the foregoing proposed resolution in its entirety on the following roll call vote: AYES: Councilmen Brown, Jennings, Mitchell, Pipitone and Mayor Donohoo NOES: None! ABSENT: None ADOPTED: July 22, 1974 ATTEST: %-ce /4 . E. WARDEN, CITY CLERK FRED R. DONOHOO, MAYOR • •. •QUEST FOR- 1 GENERAL PLAN ELEMENT EXTENSIONS o 'a /4 5 Jlu: i i,di.c.U.on Contact Pc son 'Norma Dengler *San Luis Obispo County & Cities Aran Panning Coordinating Council Iudicttc the e(.ea;el�t(•s) o:':,ich I :c.cd to be extended and the a;:.tc. date. Noise Scenic Highway Safety by September 20, 1975 by September 20, 1975 by September 20, 1975 Phone ,1';m1beA. (805) 543 -1550 Ext. 215 a,ted compettco; Jft t4.ica,tcon (.idel-ti.6y and deacittbe .the appZLccb.Ce cstUet..ia joind on the back o$ tk16 6c, un, u4e addbeionat pages as nece44aAy) . • On April 24, 1974, the San Luis Obispo County and Cities Area Planning Coordinating Council passed a motion authorizing staff to present a request to all jurisdictions in the region that they seek a time extension on the Noise Element and the Scenic Highway Element. the San Luis Obispo Area Council has proposed an intergovernmental program to develop the Noise Element and the Scenic Highway Element. • The adopted overall work program of the Area Council includes a program element for a regional noise element and the coordination of a scenic highway element. 1. A joint powers agreement between the cities and the County will be for- mulated for the development of the Noise Element. 2. The Safety Element will be developed utilizing data from the Seismic Safety Element. It is anticipated that a joint powers agreement will be formulated with forestry, medical and transportation agencies in the develop ment of the Safety Element. A joint planning effort will require an extended period of time to coordinat the planning program and allow for adequate public input and public hearings in each jurisdiction. 3. An intergovernmental adoption process will be utilized for the Noise, Scenic Highway and Safety Elements. At present, data for both the noise element and scenic highway element is being developed for the Regional Transportation Plan which is scheduled for completion by December 31, 1974. With respect to scenic highways, the County of San Luis Obispo is preparing a map which will indicate areas of critical concern, including scenic areas suitable for inclusion in a scenic highway corridor. 4. The development of the Safety and Scenic Highway elements will rely on in -kind staff input from the cities and the County. The Noise Element will I be prepared by utilizing in -kind staff services of the local agencies and cash input as detailed in the joint powers agreement. The County has encumbered monies for a noise consultant but the scope of work will have to be predicated on the outcome of a pending Noise /Planning At:i:. 1.'lt: Rosoluti.on From th..: yovurninq bcdy Work Prognim Env completion of the clement(s) Ti10. •tnhh for rnrt7Ltt%.ion Program proposal by the Airport Land Use Planning Commission. This later budget request will not be finalized until August, 1974. *County of San Luis Obispo City of Arroyo Grande City of Grover City City of Morro Bay City of Paso Robles City of Pismo Beach City of San Luis Obispo • RESOLUTION NO. 51 -74 RESOLUTION APPROVING AGREEMENT WITH MORRO BAY CHAMBER OF'COMMERCE FISCAL YEAR 1974 -75 T H E C I T Y C O U N C I L City of Morro Bay, California The following resolution is hereby proposed: RESOLVED that the agreement by and between the City of Morro Bay and the Morro Bay Chamber of Commerce, a copy of which is attached hereto, is approved; and BE IT FURTHER RESOLVED that the Mayor and City Clerk be and are hereby authorized and directed to sign said agreement, upon execution of the same by the Morro Bay Chamber of Commerce. On motion made by Councilman Jennings and seconded by Councilman Brown , the City Council of the City of Morro Bay hereby adopts in its entirety the foregoing proposed resolution on the following roll call vote: AYES: Councilmen Brown, Jennings, Mitchell, Pipitone and Mayor Donohoo NOES: None ABSENT: None ADOPTED: July 22, 1974 ATTEST: WARDEN, Ci y Clerk FRED R. DONOHOO, Mayor RESOLUTION NO. 50 -74 RESOLUTION CONFIRMING CANVASS OF SPECIAL MUNICIPAL BOND ELECTION T H E C I T Y C O U N C I L City of Morro Bay, California WHEREAS, the Board of Supervisors of San Luis Obispo County has duly canvassed or caused to be canvassed the votes cast in the City of Morro Bay by the voters of the City upon the measure hereinafter set forth at the special municipal bond election consolidated with the State of California Direct Primary Election held on June 4, 1974, and has certified to this City Council the result of the votes cast at said election upon said measure, which said certification is now on file in the office of this City Clerk; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay, as follows: Section 1. The canvass and the result of said election as shown by said certification is hereby ratified, confirmed and approved, and the City Clerk is hereby directed to enter this resolution on the minutes of this City Council as a statement of the result of said election. Section 2. At said election the following measure for incurring an indebtedness of the City was submitted to the voters of the City and the number of votes cast in the City for and against said measure was as follows: RESOLUTION NO. 50 -74 Page Two TOTAL TOTAL VOTE VOTE "YES" ' "NO" MEASURE: Shall the City of.Morro Bay incur ( Wasfewater a bonded indebtedness' in the Reclamation principal amount of $450,000 for Facilities) the acquisition, construction and completion of the following municipal improvement, to wit: Wastewater reclamation facil- ities, comprising a filtration and reclamation system for effluent wastewater consisting of an equalization tank, filtration facilities, an effluent pump station, force mains, surge control facilities, aeration facilities, irrigation facilities, a storage reservoir, spray' disposal facilities and a flocculation-sedi- mentation basin, together with necessary pipes, pumps, filters, machinery, control equipment and lands there- for; and other works, property or structures necessary or convenient for wastewater reclamation facilities for the City of Morro Bay? 1,696 998 Section 3. The total number of votes cast in the City at said special municipal bond election and the total number of votes given in each precinct and by absentee voters of the City for and against said measure was and is set forth in said certification. :Section 4. Less than two- thirds (2/3) of the votes cast at said special municipal bond election on said measure were in favor of said measure and said measure failed On motion by Councilman Jennings and seconded by Councilman Brown , the City Council of the City of Morro Bay hereby adopts the foregoing proposed resolution in its entirety on the following roll call vote: AYES:' Councilmen Brown, Jennings, Mitchell, Pipitone and Mayor Donohoo NOES:. None ABSENT: None ADOPTED: July.22, 1974 ti b RED. R. ATTEST: M. L. :WARDEN, City Clerk DONOHOO, Mayor • RESOLUTION NO. 49 -74 RESOLUTION APPROVING AGREEMENT WITH SAN LUIS OBISPO COUNTY HOTLINE, INC. T H E C I T Y C O U N C I L City of Morro Bay, California The following resolution is hereby proposed: RESOLVED that the agreement by and between the City of Morro Bay and San Luis Obispo County Hotline, Inc., a copy of which is attached hereto, is approved; and BE IT FURTHER RESOLVED that the Mayor and City Clerk be and are hereby authorized and directed to sign said agreement, upon execution of the same by the San Luis Obispo County Hotline, Inc. On motion made by Councilman Jennings and seconded by Councilman Brown , the City Council of the City of Morro Bay hereby adopts in its entirety the foregoing proposed resolution on the following roll call vote: AYES: Councilmen Brown, Jennings, Mitchell, Pipitone and Mayor Donohoo NOES: None ABSENT: None ADOPTED: July 22, 1974 ATTEST: WARDEN, City Clerk FRED R. DONOHOO, Mayor RESOLUTION NO. 48 -74 RESOLUTION ADOPTING A POSITIONS CLASSIFICATIONS AND SALARY SCHEDULE, DESCRIBING METHODS OF ADVANCEMENT AND REPEALING PREVIOUS SALARY RESOLUTIONS T H E C I T Y C O U N C I L City of Morro Bay, California WHEREAS, the Morro Bay City Council has adopted a Personnel System by Ordinance No. 21, passed and adopted on March 23, 1965; and WHEREAS, said ordinance requires that a position classification plan be adopted which covers all positions in the competitive service and a plan of compensation directly correlated with the position classification plan: NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay that, effective July 1, 1974, the employees of the City of Morro Bay.shall be assigned to position classifications as set forth in that certain docu- ment entitled "Position Classification and Salary Review ", dated May 1965, as amended; and BE IT FURTHER RESOLVED that Resolution No. 41 -73 passed and adopted on June 25, 1973, is hereby repealed as of July 1, 1974; and BE IT FURTHER RESOLVED that said employees shall be assigned to salary steps within the respective pay range of the position classification as set,forth in the following sections which are hereby adopted as follows: Resolution No. 48 -74 Page Two SECTION 1 = POSITION CLASSIFICATIONS AND MONTHLY SALARY RANGES Department Head'Ciasses Assistant City Administrator/ Director of Finance /City Treasurer 39 1199 -1500 Fire Chief 39 1199 -1500 Police Chief 39 1199 -1500 Director of Public Works 39 1199 -1500 Deputy Director of•Public Works/ Registered Civil Engineer 39 1199 -1500 Planning Director 39 1199 -1500 Engineering and Building Inspection Cl'ass'es Civil Engineering Assistant II 31 959 -1199 Chief Building Inspector 31 959 -1199 Civil Engineering Assistant I 26 833 -1047 Principal Engineering Aide 23 766- 959 Building Inspector 22 748- 933 Senior Engineering Aide 17 653- 810 Drafting Aide 12 565- 710 'Range Salary Administrative, Fiscal, and Clerical Classes Planning and Building Superintendent - 33 1018 -1269 Administrative Assistant 33 1018 -1269 Accountant 27 860 -1076 Administrative Aide 17 653- 810 Administrative Secretary /Deputy City Clerk 17 653- 810 Account Clerk II 14 597- 748 Stenographer 13 583- 727 Account Clerk I 9 525- 653 Dispatcher Clerk 9 525- 653 Records Clerk 9 525- 653 Typist Clerk II 8 509- 633 Typist Clerk I 4 454 -,565 Library and Recreation Classes Director of Parks and Recreation 33 1018 -1269 City Librarian 31 959 -1199 Recreation Director 29 911 -1134 Senior Librarian 21 727- 911 Junior Librarian 17 653- 810 Maintenance and Related Classes Public Works Superintendent 33 1018 -1269 Utilities Foreman 29 911 -1134 Chief Harbor Patrolman 26 833 -1047 Harbor Patrolman 20 710- 886 Maintenance Leadman 18 669- 833 Waterworks Serviceman 17 653- 810 Mechanic 17 653- 810 Maintenance Man 15 617- 766 Groundskeeper 12 565- 710 Janitor - 10 537- 669 6 Resolution No. 48 -74 Page Three Police 'and Fire'Clas'ses ' Range Salary Police Captain 33 1018 -1269 Assistant Fire' Chief 33 1018 -1269 Fire Marshal 30 933 -1165 Police Lieutenant 30 933 -1165 Police Sergeant . 28 886 -1106 Fire Captain 28 886 -1106 Police Detective 26 833 -1047 Police Juvenile Investigative Officer - 26 833 -1047 Police Officer 24 788- 989 Fire Engineer . 24 788- 989 Fireman 22 748- 933 Policewoman 21 727- 911 Utility Plant Classes Sanitation Superintendent 29 911 -1134 Disposal Plant Operator II 18 669- 833 Disposal Plant Operator I ; 15 617- 766 • Resolution No. 48 -74 Page 'Four SECTION 2 SALARY RANGES AND STEP SCHEDULE FOR EMPLOYEES WITHIN CLASSIFICATION PLAN 2 5 Nrml First Full Abv. Otsdg Rng. Hrly Hire Inctv Qulf Avg. Perf No. Rate ' Rate Rate ' Rate Rate Rate 1 2.39 415 438 465 490 525 2 2:45 426 454 481 509 537 3 2.52 438 465 490 525 551 4 2.61 454 481 509 537 565 5 2.68 465 490 525 551 583 6 2.77 481 509 537 565 597 7 2.82 490 525 551 583 617 8 2.93 509 537 565 597 633 9 3.02 525 551 583 617 653 10 3.09 537 565 597 633 669 11 3.17 551 583 617 653 690 12 3.25 565 597 633 669 710 13 3.36 •583 617 653 690 727 14 3.44 597 633 669 710 748 15 3.55 617;, 653 690 727 766 16 3.65 633 669 710 748 788 17 3.76 653 690 727 766 810 18 3.85 669 710 748 788 833 19 3.98 690 727 766 810 860 20 4.09 710 748 788 833 886 21 4.19 727 766 810 860 911 22 4.31 748 788 833 886 933 23 4.41 766 810 860 911 959 24 4.54 788 833 886 933 989 25 4.67 810 860 911 959 1018 26 4.80 833 886 933 989 1047 27 4.96 860 911 959 1018 1076 28 5.11 886 933 989 1047 1106 29 5.25 911 959 1018 1076 1134 30 5.38 933 989 1047 1106 1165 31 5.53 959 1018 1076 1134 1199 32 5.70 989 1047 1106 1165 1232 33 5.87 1018 1076 1134 1199 1269 34 6.04 1047 1106 1165 1232 1306 35 6.20 1076 1134 1199 1269 1341 36 6.38 1106 1165 1232 1306 1379 37 6.54 1134 1199 1269 1341 1419 38 6.72 1165 1232 1306 1379 1459 39 6.91 1199 1269 1341 1419 1500 40 7.10 1232 1306 1379 1459 1538 41 7.32 1269 1341 1419 1500 1579 42 7.53 1306 1379 1459 1538 1623 43 7.73 1341 1419 1500 1579 1664 44 7.95 1379 1459 1538 1623 1712 45 8.18 1419 1500 1579 1664 1756 46 8.41 1459 1538 1623 1712 1805 47 8.65 1500 1579 1664 1756 1851 48 8.87 1538 1623 1712 1805 1904 49 9.10 1579 1664 1756 1851 1956 50 9.36 1623 1712 1805 1904 2009 • Resolution No. 48 -74 Page Five SECTION 3 RJJLES GOVERNING STEP 'INCREASES A. The following rules shall govern step increases for all permanent employees hired hereafter: (1) The' first step is the minimum rate and shall normally be the hiring rate for the class. In cases where it is difficult to secure qualified personnel, or if a person of unusual qualifications is eligible for employment, the City Council may authorize the Administrative Officer to hire at the second or third step. If a person is hired at the second or third step, he shall receive the next step when he has completed the time requirement for such advancement by the department head and approved by the Administrative Officer. The .first six months, regardless at which step employment begins, is the pro- bationary period. (2) The second step is an incentive adjustment and is given at the completion of six months' probationary employment at the first step. Employees may be advanced to the second step upon recommendation by their department head and approval by the Administrative Officer. (3) The third step represents the middle value of the salary range and is the rate at which a fully qualified, experienced, and ordinarily conscientious employee may expect to be paid after a reasonable period of satis- factory service. An employee may be advanced to the third step after completion of six months of service at the second step, provided the advancement is recommended by the department head and approved by the Administrative Officer. (4) The fourth step is to be awarded for work which is above average for the class. An employee may be advanced to the fourth step after completion of one year of service at the third step, provided the advance- ment is recommended by the department head and approved by the Administrative Officer. (5) The fifth step is intended as a reward for outstanding performance. An employee may be advanced to the fifth step after completion of one year of service at the fourth step, provided the advancement is recommended by the department head and approved by the Administrative Officer. B. In applying the above rules, the next step increase shall be granted, other conditions being met, on the following basis: (1) For those having an anniversary date on the first of the month, the increase shall be effective that date. (2) For those having an anniversary date on the second of the month or later, the increase shall be effective the first day of the' following month.' C. Probationary period of employmerit shall be 'as follows: Resolution No. Page Six • • 48 -74 (1) Fire and Police Departments - One year (2) All other permanent employees - Six months (3) The first six months or one year of service, whichever applies to the position at which employed;. regardless of the hiring step, shall be considered as a probationary period. 4 • Resolution No. 48 -74 Page Seven SECTION '4 SCHEDULE OF.SAL'ARIES FOR POSITIONS NOT.WITHIN THE 'CLASSIFICATION PLAN AND SALARY SCHEDULE A 'App'ointed Officers City Clerk $ 1.00 per month City Treasurer $ 1.00 per month B Miscellaneous Employee Classifications Part -time Help School Crossing Guard $ .A-2.65 per hour Extra Help Minimum hourly rate for classification Summer - Temporary Help Recreation Supervisor $ 3.71 per hour Sports Coordinator $ 2.50 per hour Arts & Crafts Coordinator $ 2.50 per hour Tiny Tots Coordinator $ 2.50 per hour Tiny Tots Assistant $ 2.00 per hour Senior Citizens Coordinator $ 2.50 per hour Camp Director $ 2.50 per hour Playground Leaders $ 2.15 per hour Student Workers $ 1.90 per hour Student Draftsman $ 2.00 per hour Beach Lifeguard /Harbor Maintenance $ 2.00 per hour Volunteer Firemen $ 25.00 per month plus $ 5.00 per emergency or call back Police Reserves Overtime Pay $ 25.00 per month Time and one -half com- puted at individual's current hourly rate as required by the Fair Labor Standards Act and Memoranda of Understanding, if applicable. All other employees, except manage- ment classes, overtime computed at straight hourly rates. 0 Resolution No. 48 -74 Page Eight On motion by Councilman Jennings and seconded by Councilman Brown , the City Council of the City of Morro Bay hereby adopts the 'foregoing proposed resolution in its entirety on the following roll call vote: AYES: Councilmen Brown, Jennings, Pipitone and Mayor Donohoo NOES: None. ABSENT: Councilman Mitchell ADOPTED: July 8, 1974 ATTEST: 7, . WARDEN, City Clerk FRED R. DONOHOO, Mayor 4 RESOLUTION NO. 47 -74 RESOLUTION APPROVING UNITED STATES COAST GUARD LEASE #DOT -CG12 -4532 FOR THE PERIOD JULY 1, 1974 THROUGH JUNE 30, 1975 T H E C I T Y C O U N C I L City of Morro Bay, California The following resolution is hereby proposed: RESOLVED that the City Council of the City of Morro Bay does hereby approve Lease #DOT -CG12 -4532 dated May 20, 1974, by and between the City of Morro Bay and the United State Coast Guard for the use of approximately 100 feet of dock space on the westerly side of the City "T" pier at Morro Bay, California, for the period July 1, 1974 to and including June 30, 1975; and BE IT FURTHER RESOLVED that the Mayor is hereby authorized and directed to execute the lease renewal document for and on behalf of the City of Morro Bay. On motion made by Councilman Jennings and seconded by Councilman Brown , the City Council of the City of Morro Bay hereby adopts the foregoing proposed resolu- tion in its entirety on the following roll call vote: AYES: Councilmen Brown, Jennings, Pipitone and Mayor Donohoo NOES: None ABSENT: Councilman Mitchell ADOPTED: June 24, 1974 ATTEST: 4a 4[, M. L. WARDEN, City Clerk FRED R. DONOHOO, Mayor RESOLUTION NO. 46 -74 RESOLUTION APPROVING GRIEVANCE PROCEDURES FOR THE EMPLOYEES OF THE CITY OF MORRO BAY T H E C I T Y C O U N C I L City of Morro Bay, California WHEREAS, Section 2.32.050(K) of the Morro Bay Municipal Code states that the City will establish grievance and appeal procedures; and WHEREAS, Resolution No. 74 -69 entitled "Employer- Employee Relations'Resolution of the City of Morro Bay ", established procedures for conducting employer - employee relations in accordance with Chapter 10, Division 4, Title 1 of the Government Code of the State of California; and WHEREAS, the purpose of Grievance Procedures is to: 1. Promote improved employer- employee relation- ships by establishing grievance procedures on matters for which appeal is not provided by other regulations; 2. Afford employees individually or through re- cognized employee organizations a systematic means of obtaining further considerations of problems after every reasonable effort has failed to resolve them through discussions; 3. Provide that grievances shall be settled as near as possible to the point of origin; 4. Provide that the grievance procedure shall be as informal as possible. NOW, THEREFORE, BE IT RESOLVED, that the Morro Bay City Council hereby approves and adopts the attached Grievance Procedures to be effective as of the date of this resolution. On motion by Councilman Jennings and seconded by Councilman Brown , the City Council of the City of Morro Bay hereby adopts in its entirety the foregoing proposed•resolution on the following roll call vote: AYES: Councilmen Brown, Jennings, Pipitone and Mayor Donohoo NOES: None ABSENT: Councilman Mitchell ADOPTED: June 24, 1974 FRED R. DONOHOO, Mayor ATTEST: M. L. WARDEN, City Clerk • ' GRIEVANCE PROCEDURES FOR THE CITY OF MORRO BAY Purpose of the Procedure The'primary purpose of this procedure shall be to provide a means whereby an employee, without jeopardizing his employment, can express a personal grievance relating to his wages, hours of work, and working conditions, and obtain a fair and equitable disposition of his grievance. Definition of Informal Grievance An informal grievance is defined as a verbal disagreement by an employee expressed to his supervisor with a request to infor- mally discuss the grievance with the supervisor and /or the department head. Definition of Formal Grievance A formal grievance shall be defined as any written complaint of an employee filed with his immediate supervisor within thirty (30) days of the subject of the grievance relating to his wages, hours of work, and working conditions. Informal Discussion with Supervisor An employee shall first pursue all informal grievances with his supervisors and at any time that the employee or the super- visor or department head deem that the informal grievance is a formal grievance, the employee may reduce it to a formal written grievance. An employee with an informal grievance is encouraged first to attempt to resolve the problem by discussing it informally with his first line supervisor before filing a written grievance. Formal Conference with Supervisor If an employee does not obtain satisfaction of his informal grievance by means of an informal discussion with his supervisor, or if he, is unable to communicate with his supervisor, he and /or his representative may, by written grievance, request and shall be accorded a formal conference within ten (10) days with the super- visor and /or department head. The decision of the supervisor shall be reported to the employee and /or his representative within five (5) business days of the date the conference was held with the supervisor. Departmental Review In the event the employee does not obtain satisfaction at any level of review by means of informal or formal grievance and a formal conference with his supervisors, he and /or his representa- tive may submit the grievance in writing to the supervisor or department head. The procedure to be followed by the supervisor who receives a grievance in writing shall be established by each department head for his department, and shall include review of the grievance by the immediate supervisor and such successively higher levels of management as may be determined by the department head. A cumulative record of the decision and the reason for the decision at each level of review shall be maintained. The ultimate decision shall be that of the department head. The decision must be reported to the employee in writing within ten (10) business • GRIEVANCE PROCEDURES Page Two days of the date that the request for departmental review was sub- mitted to the supervisor. Appeal to the City Administrator In the event the employee does not obtain satisfaction by means of the departmental review, he and /or his representative shall submit the grievance in writing to the City Administrator within 10 days after notification of the departmental decision is given to the employee. The City Administrator may meet with the employee and /or his representative and the department head before making a decision; or may waive administrative review and refer the grievance directly to a committee of the City Council appointed to hear grievances. A copy of his decision on the matter must be presented to the employee within ten (10) business days of the date the grievance was filed with the City Administrator. Submission to a Committee of the City Council In the event that the employee does not obtain satisfaction by means of the administrative procedures outlined above, he may request a hearing by a committee of the City Council. The hearing shall be held by the committee within fifteen (15) business days of the date of receipt of the request at the convenience of all parties, unless waived by common consent of the employee and the department head. The hearing shall be informal. The employee and/ or his representative, the department head and /or the City Admin- istrator shall appear before the committee to present facts pertinent to the case. The burden of proof shall rest with the employee. The committee shall limit its review of the grievance to the subject matter contained in the previous steps of the grievance procedure and shall make its decision within thirty days after the termination of the hearing unless a reasonable time extension is deemed necessary and all parties are notified. Time Limits In case the time limits outlined above are not observed by the representative of the City, the employee and /or his representative shall have the right to carry the grievance directly to the next higher '. level of review. GROUP GRIEVANCE PROCEDURE The recognized employee organizations may present a general grievance (affecting several employees) in writing directly to the City Administrator. Upon receipt of such a grievance, the City Administrator shall establish a time for a hearing, at which time all affected parties may appear before the City Administrator to present facts pertinent to the issue. The decision of the City Administrator shall be presented to all parties concerned within fifteen (15) business days and shall be appealable by the group to a committee of the City Council for their findings and recommenda- tions within thirty (30) days. If either party wishes to appeal, they may file an appeal with the City Council as a whole within five (5) working days of the final decision of the committee of the City Council. • RESOLUTION NO. :45 =74 RESOLUTION AMENDING PROCEDURES AND GUIDELINES GOVERNING THE ENVIRONMENTAL IMPACT REPORTS T H E C I T Y C O U N C I L City of Morro Bay, California WHEREAS, amended procedures and guidelines governing Environmental Impact Reports have been adopted by the City Council of the City of Morro Bay by Resolution No. 22 -74 in accordance with State mandated regulations; sand WHEREAS, certain modifications for handling Environmental Impact Reports appear necessary in order to avoid unnecessary delay in processing said reports; and WHEREAS, it is in the best interest of the public that the City Council of the City of Morro Bay adopt these modified pro- cedures and guidelines for processing Environmental Impact reports: NOW, THEREFORE, BE IT RESOLVED. that the City Council does approve and adopt the amended procedures and guidelines attached hereto; and BE IT FURTHER RESOLVED that the City Attorney, City Administra- tor, City Planning Department and City Planning Commission are here- by directed and authorized to implement and enforce these procedures subject to, appeal to the City Council of the City of Morro Bay by any person or persons aggrieved by decisions or rulings arising from the exercise of this authority. On motion by Councilman Jennings and seconded by Councilman Brown , the City Council of the City of Morro Bay hereby adopts in its entirety the foregoing proposed resolution on the following roll call vote: AYES: Councilmen Brown, Jennings, Pipitone and Mayor Donohoo NOES: None ABSENT: Councilman Mitchell ADOPTED: June 24, 1974 ATTEST: M. L. ARDEN, City Clerk FRED R. DONOHOO, Mayor • 1973, involves a greater degree of responsibility and control over the project as a whole. 5003. No environmental redetermination shall be made nor any new EIR ordered or prepared by the City on any project for which an environmental determination was made or an EIR ordered before April 5, 1973. ARTICLE VI. EXCEPTIONS TO CEQA 6001. The following emergency projects are exempt from the requirements of CEQA: (a) Projects undertaken, carried out, or approved by a public agency to maintain, repair, restore, demolish or replace property or facilities damaged or destroyed as a result of disaster in a disaster stricken area in which a state of emergency has been proclaimed by the Governor pursuant to Chapter 7 (commencing with Section 8550) of Division 1, Title 2 of the Government Code. (b) Emergency repairs to public service facilities necessary to maintain service. (c) Projects undertaken as immediate action necessary to prevent or mitigate an emergency. 6002. A project involving only feasibility or planning studies for possible future actions which the City Council or City agency has not approved, adopted, or funded does not require the prepara- tion of an Environmental Impact Report, but does require considera- tion of environmental factors. ARTICLE VII. PROCEDURES 7001. Determination of Categorical Exemption: Any project under- taken or to be approved by the City shall first be reviewed by the Coordinator (as defined herein) to determine whether it is categorically or otherwise exempt from the operation of CEQA. (a) When the Coordinator determines that a project is exempt from the requirements of CEQA because it is an emergency project, a ministerial project or categorically exempt, and the City approves or determines to carry out the project, it shall file a notice of exemption. Such a notice shall include (1) a brief description of the project, (2) a finding that the project is exempt, including a citation to the State Guidelines section under which it is found to be exempt, and (3) a brief statement of reasons to support the finding. (b) The notice of exemption shall be filed with the County Clerk. (c) Any person desiring to appeal such exempt determination shall file an appeal with the Planning Department within thirty -five (35) days of the determination date. The Planning Commission shall hear such appeal at the first regularly scheduled date of Planning Commission meeting. (d) Although the Coordinator may determine that a project is categorically or otherwise exempt from the operation of CEQA, the Planning Commission or City Council may make a different determination during the course of any of its hearings concerning such project. 7002. Initial Review - Non - Exempt Status: If it is determined that the project is not exempt, then the Coordinator shall request information sufficient to determine whether or not the project may have a significant effect on the environment. The information shall not be limited to "yes" or "no" responses to questions, nor shall it be merely conclusions that there is no environmental effect. It must contain declaratory statements volunteering sufficient information about the purpose and scope of the project and the setting in which it will occur to enable the environmental significance to be assessed. 7003. Coordinator Recommendations to Planning Commission: The Coordinator shall make a recommendation to the Planning Commission as to whether or not the proposed project may have a significant effect on the environment, and shall set the matter on the Planning Commission's agenda for an environmental determination. If preparation of an Environmental Impact Report (EIR) is recommended, the applicant shall be notified of the date and approximate time of the hearing by the Planning Commission. 7004. Planning Commission Determination - No Significant Environmental Impact: The Planning Commission shall determine whether or not a project may significantly affect the environment. If the Planning Commission finds, based on the information submitted and the evaluation of the Coordinator, that the proposed project will not significantly affect the environment, then a Negative Declaration shall be prepared and made available to the public in the office of the coordinator and the processing of the project shall proceed in the customary manner. A Negative Declaration must include a brief description of the project as proposed, a finding that the project will not have a significant effect on the environment, a brief state- ment indicating who prepared the initial study and where a copy of it may be obtained. The Negative Declaration should normally not exceed one page in length. 7005. Finding of Negative Declaration - Commencement of Project: Any approval given to the Project shall not become effective until the fourteenth . day following the filing of the Negative Declaration. any documents relating to the project, including its listing on any agenda, shall thereafter bear note of the date of filing of the Negative Declaration. 7006. Planning Commission Determination - Significant Environmental Effect: If the Planning Commission determines that a project may have a significant effect on the environment, then it shall order the preparation of an EIR and determine the degree of specificity required in the EIR. • 7007. City Projects: These procedures shall be followed on all City projects except that the City Council, instead of the Planning Commission, shall make all necessary determinations under these procedures as to matters which cannot be finally acted upon or denied by the Planning Commission. In the event an EIR is required, the head of the department carrying out the project shall be responsible for • preparation of the draft of the EIR which shall be submitted to the Coordinator for review and distribution. 7008. . Consideration of Environmental Impact Report Prior to Project Approval: Once an EIR has been ordered for a project, no approval may be given for the project or any portion thereof except after consideration of the EIR. 7009. • Waiver of Finding of Significant Effect: Any City agency or applicant may waive the determination as to possible significant effect by the Planning Commission and voluntarily submit a draft or final EIR on the project for which approval is sought. A written waiver shall accompany the application or request for approval. -6- RESOLUTION NO. 44 -74. RESOLUTION ACCEPTING TAX - DEEDED PROPERTY AND CONSENTING TO RECORDATION T H E C I T Y C O U N C I L City of Morro Bay, California The following resolution is hereby proposed: RESOLVED that the City of Morro Bay does hereby accept Deeds from the County of San Luis Obispo for all that real property described in said Deeds, copies of which are attached hereto and, by reference, made a part hereof; and BE IT FURTHER RESOLVED that the City Clerk be and is hereby directed to file this resolution together with the original of said Deeds in the office of the County Recorder of the County of San Luis Obispo. On motion by Councilman Jennings and seconded by Councilman Brown , the Morro Bay City Council hereby adopts the foregoing proposed resolution in its entirety on the following roll call vote: AYES: Councilmen Brown, Jennings, Pipitone and Mayor Donohoo NOES: None ABSENT: Councilman Mitchell ADOPTED: June 24; 1974 ATTEST: WARDEN, City Clerk FRED R. DONOHOO, Mayor RESOLUTION NO. 43 =74 RESOLUTION APPROVING AND ADOPTING A BUDGET FOR THE FISCAL YEAR 1974 -75 T H E C I T Y co U N C.I L City of Morro Bay, California WHEREAS, a city is required to make, from time to time, a variety of expenditures in order-to provide day -to -day service for which it is responsible;- and WHEREAS, the City Council finds and determines that the efficiency and economy of City government would be substantially impaired if such expenditures could not be made or such obligations incurred on a daily basis as the need arises; :and WHEREAS, Section 37208 of the Government Code of the State'of California provides that payment or demands con- forming to a budget approved by ordinance or resolution need not be audited by the City Council prior to payment: NOW, THEREFORE, BE IT RESOLVED that that certain document entitled "Final Budget, City of Morro Bay, Fiscal Year 1974 -75 ", is hereby approved and adopted as the Final Budget for Expenditures for the City of Morro Bay for the Fiscal Year 1974 -75. On motion by Councilman Jennings and seconded by Councilman Brown , the Morro Bay City Council hereby adopts the foregoing proposed resolution in its entirety on the following roll call vote: AYES: Councilmen Brown, Jennings, Pipitone and Mayor. Donohoo NOES: None ABSENT: Councilman Mitchell ADOPTED: June 24, 1974 ATTEST: M. . WARDEN, City Clerk FRED R. DONOHOO, Mayor • • RESOLUTION NO. 42 -74 RESOLUTION APPROVING GRANT OF USE PERMIT AGREEMENT 120 TO MORRO DUNES TRAILER PARK AND CAMPGROUND, INC. T H E C I T Y C O U N C I L City of Morro Bay, California The following resolution is hereby proposed: BE IT RESOLVED that that certain document entitled "Use Permit Agreement No. 120" by and between the City of Morro Bay and Morro Dunes Trailer Park and Campground, Inc., a copy of which is attached hereto, is hereby approved by the Morro Bay City Council; and BE IT FURTHER RESOLVED that the Mayor and City Clerk be and are hereby authorized and directed to sign said agreement for and on behalf of the City of Morro Bay. On motion made by Councilman Jennings and seconded by Councilman Brown , the Morro Bay City Council hereby adopts the foregoing proposed resolution in its entirety on the following roll call vote: AYES: Councilmen Brown, Jennings, Mitchell, Pipitone and Mayor Donohoo NOES: None ABSENT: None ADOPTED: June 10, 1974 ATTEST: L. WARDEN, City Clerk 4C--a FRED R. DONOHOO, Mayor • RESOLUTION NO. 41-74 RESOLUTION APPROVING GRANT OF USE PERMIT AGREEMENT 115 TO MORRO DUNES TRAILER PARK AND CAMPGROUND, INC. T H E C I T Y COUNCIL City of Morro Bay, California The following resolution is hereby proposed: BE IT RESOLVED that that certain document entitled "Use Permit Agreement No. 115" by and between the City of Morro Bay and Morro Dunes Trailer Park and Campground, Inc., a copy of which is attached hereto, is hereby approved by the Morro Bay City Council; and BE IT FURTHER RESOLVED that the Mayor and City Clerk be and are hereby authorized and directed to sign said agreement for and on behalf of the City of Morro Bay. On motion made by Councilman Mitchell and seconded by Councilman Jennings , the Morro Bay City Council hereby adopts the foregoing proposed resolution in its entirety on the following roll call vote: AYES: Councilmen Brown, Jennings, Mitchell, Pipitone and Mayor Donohoo NOES: None ABSENT: None ADOPTED: June 10, 1974 ATTEST: M. L. WARDENlerk City FRED R. DONOHOO, Mayor • RESOLUTION NO. 40 -74 RESOLUTION APPROVING THE RENEWAL OF UNITED STATES COAST GUARD LEASE #DOT -CG12 -4020 FOR THE PERIOD JULY 1, 1974 THROUGH JUNE 30, 1975 THE C I T Y C O U N C I L City of Morro Bay, California The following resolution is hereby proposed: RESOLVED that the City Council of the City of Morro Bay does hereby approve the renewal of lease #DOT -CG12- '4020 dated June 1, 1972, by and between the City of Morro Bay and the United States Coast Guard for the northern 24 1/2 by 16 foot portion of a 40 by 16 foot wood frame building, including restroom facilities within the building, and a 14 by 10 foot work shack at the City "T" pier for the period July 1, 1974 to and including June 30, 1975; and BE IT FURTHER RESOLVED'that the Mayor is hereby authorized and directed to execute the lease renewal do- cument for and on behalf of the City of Morro Bay. On motion by Councilman Jennings and seconded by Councilman Pipitone , the City Council of the City of Morro Bay hereby adopts the foregoing proposed resolution in its entirety on the following roll call vote: AYES: Councilmen Brown, Jennings, Mitchell, Pipitone and .Mayor Donohoo NOES: None ABSENT: None ADOPTED: June 10, 1974 ATTEST: cie; . WARDEN, City Clerk et-e-G/Of . FRED R. DONOHOO, Mayor RESOLUTION NO. 39 -74 RESOLUTION APPROVING CHANGING NAME OF TENANT ON LEASE LEASE SITE NO. 50 & 50W T H E C I T Y C O U N C I L City of Morro Bay, California WHEREAS, Lee K. Jordan and Kathryn H. Jordan, husband and wife, did. on March 13, 1961, enter into a lease with the County of San Luis Obispo for Lease Sites No. 50 and 50W; and WHEREAS, Lee K. Jordan and Kathryn H. Jordan did subsequently assign their leasehold interests in Lease Site No. 50 and 50W to Arthur R. Fry and Elaine K. Fry; and WHEREAS, Elaine K. Fry has transferred her right, title and interest to said lease to Arthur R. Fry; NOW, THEREFORE, BE IT RESOLVED that the name of tenant in the lease for Lease Sites No. 50 and 50W be changed from Arthur R. Fry and Elaine K. Fry to read Arthur R. Fry only. On motion by Councilman Mitchell and seconded by Councilman Brown , the City Council of the City of Morro Bay hereby adopts in its entirety the foregoing proposed resolution on the following roll call vote: AYES: Councilman Brown, Mitchell, Pipitone and Mayor Donohoo NOES: None ABSENT: Councilman Jennings ADOPTED: May 28, 1974 ATTEST: M. L. WARDEN, City Clerk FRED R. DONOHOO, Mayor • • RESOLUTION NO. 38 -74 RESOLUTION APPROVING SUBMISSION OF,REVISED CITY OF MORRO BAY ANNUAL TRANSPORTATION CLAIM PURSUANT TO THE STATE OF CALIFORNIA TRANSPORTATION DEVELOPMENT ACT OF 1971 T H E C I T Y C O U N C I L City of Morro Bay, California The following resolution is hereby proposed: BE IT RESOLVED that the revised Annual Transportation Claim, with attachments, of the City of Morro Bay, California, for fiscal year 1973 -74, dated May 28, 1974, copies of which are attached hereto, is hereby approved by the Morro Bay City Council; and BE IT FURTHER RESOLVED that the Mayor is hereby authorized and directed to sign said revised claim and attachments for and on behalf of the City of Morro Bay; and BE IT FURTHER RESOLVED that the City of Morro Bay designates the planning apportionment ($5,370.85) to the Area Council for the purpose of developing the Regional Transportation Plan as required by Assembly Bill No. 69; and BE IT FURTHER RESOLVED that said revised claim and attachments be forwarded to the San Luis Obispo County and Cities Area Planning Coordinating Council. On motion by 7c.LMayo'r_Donohoo and seconded by Councilman Brown , the City Council of the City of Morro Bay hereby adopts in its entirety the foregoing proposed resolution on the following roll call vote: AYES: Councilmen Brown, Mitchell, Pipitone and Mayor Donohoo NOES: None ABSENT: Councilman Jennings ADOPTED: May 28, 1974 ATTEST: M. . WARDEN, City Clerk FRED R. DONOHOO, Mayor • • RESOLUTION NO. 37 -74 RESOLUTION AMENDING RESOLUTION NO. 34 -74 APPROVING ASSIGNMENT OF LEASE FROM CONTINENTAL HOSTS, INC., TO GOLDEN TEE MOTEL, INC. T H E C I T Y C O U N C I L City of Morro Bay, California WHEREAS, the City Council adopted Resolution No. 34 -74 on May 13, 1974, assigning a portion. of Lease Site No. 27W from Con- tinental Hosts, Inc., to Golden Tee Motel, Inc.; and WHEREAS, the proper corporation name for assignee is The Golden Tee: NOW, THEREFORE, BE IT RESOLVED that any reference to Golden Tee Motel, Inc. in Resolution No. 34 -74 is hereby amended to read THE GOLDEN TEE. On motion by CMaycitIDonohoo and seconded by Councilman Brown , the City Council of the City of Morro Bay hereby adopts in its entirety the foregoing proposed resolution on the following roll call vote: AYES: Councilmen Brown, Mitchell, Pipitone and Mayor Donohoo NOES: None ABSENT: Councilman Jennings ADOPTED: May 28, 1974 FRED R. DONOHOO, Mayor ATTEST: M. L. WARDEN, City Clerk • • RESOLUTION NO. 36 -74 RESOLUTION APPROVING SUBMISSION OF CITY OF MORRO BAY ANNUAL TRANSPORTATION CLAIM PURSUANT TO THE STATE OF CALIFORNIA TRANSPORTATION DEVELOPMENT ACT OF 1971' T H E C I T Y C O U N C I L City of Morro Bay, California The following resolution is hereby proposed: BE IT RESOLVED that the Annual Transportation Claim, with attachments, of the City of Morro Bay, California, for fiscal year 1974 -75, dated May 13, 1974, copies of which are attached hereto, is hereby approved by the Morro Bay City Council; and BE IT FURTHER RESOLVED that the Mayor is hereby authorized and directed to sign said claim and attachments for and on be- half of the City of Morro Bay; and BE IT FURTHER RESOLVED that the City of Morro Bay designates the planning apportionment ($12,652.35) to the Area Council for the purpose of developing the Regional Transportation Plan as required by Assembly Bill No. 69; and BE IT FURTHER RESOLVED that said claim and attachments be forwarded to the San Luis Obispo County and Cities Area Planning Coordinating Council. On motion by Councilman Jennings and seconded by Councilman Brown , the City Council of the City of Morro Bay hereby adopts in its entirety the foregoing proposed resolution on the following roll call vote: AYES: Councilmen Brown, Jennings, Mitchell, Pipitone and Mayor Donohoo NOES: None ABSENT: None ADOPTED: May 13, 1974 ATTEST: M. L. WARDEN, City Clerk FRED R. DONOHOO, Mayor RESOLUTION NO. 35 -74 RESOLUTION APPROVING A COOPERATIVE PROCESS FOR DETERMINING PROJECT PRIORITIES FOR FEDERAL AID URBAN FUNDING T H E C I T Y C O U N C I L City of Morro Bay, California WHEREAS, The Congress of the United States has, in the Federal Aid Highway Act of 1973, declared it to.be in the national interest for Federal funds to be expended for highway projects on the Federal Air Urban System or to be 'traded" for General Funds for capital improvements for rail or bus mass transit systems in urbanized areas; and WHEREAS, based on the 1970 Census, the Bureau of the Census has designated the City of Morro Bay as an Urban area within San Luis Obispo County, and WHEREAS, before Federal Aid will be made available for Urban System projects within these Urban areas, a cooperative process for determining project priorities must be submitted to the State Department of Transportation for approval; and WHEREAS, the Federal Act requires that the cooperative process involve Cities, the County, the State, and any Transit Agency existing in any designated Urban area; and WHEREAS, the Federal Aid Urban Project Review and Selection Committee developed a cooperative process for determining projects; and WHEREAS, the proposed cooperative, process is in keeping with State and Federal guidelines. NOW,, THEREFORE, BE IT RESOLVED that the City of Morro Bay requests that the following cooperative process for establishing a three -year program of Federal Aid for Urban Systems be approved by the San Luis Obispo County and Cities Area Planningt; and Coordinating Council: 1. The Federal Aid Urban Project Review and Selection Committee shall consist of one representative each of: City of El Paso de Robles - Public Works Department City of Morro Bay - Public Works Department City of San Luis Obispo - Public Works Department City of Arroyo Grande - Public Works Department City of Grover City - Public Works Department County of San Luis Obispo - Engineering Department State of California - Department of Transportation 2. Submission of requests for funds for a project on the Urban System will be made to the Federal Aid Urban Project Review and Selection Committee. These requests may be submitted by any of the participating agencies. 3. The Committee will prepare a three (3) year program identify- ing State, Regional and Local Transportation Projects based on the following criteria where applicable: a. Compatibility with adopted Circulation Elements of Local General Plans or Comprehensive Transportation Plans. ' b. Volume capacity ratio c. Accident history ci d. Traffic relief to other streets or roads e. Funding capabilities (are agency matching funds available ?) f. State of readiness (status of Plans and Specifications availability of 'Right of Way, Environmental Review) g. Community desire and other political factors h. Consideration of the .needs for projects on the State Highway System Consideration of Regional and Local Transit Needs • 4. The Committee will submit the, recommended three year program to each of the participating agencies for formal review and comments. 5. Upon approval the San Luis Obispo County and Cities Area Planning Coordinating CouncilLwill submit the three -year program to the State Department of Transportation for approval.. BE IT FURTHER RESOLVED that copies of this Resolution be forwarded to Mr. George C. Protopapas, County Engineer, Room 101, Courthouse Annex, San Luis Obispo, California, 93401 for transmittal to the San Luis Obispo County and Cities Area Planning Coordinating Council. On motion. by Councilman Jennings and seconded by Councilman Pipitone , the City Council of the City of Morro Bay hereby adopts in its entirety the foregoing proposed resolution on the following roll call vote: AYES: Councilmen Brown, Jennings, Mitchell, Pipitone and Mayor Donohoo NOES: None ABSENT: None ADOPTED:. May 13, 1974 ATTEST: City L. , ty Clerk ARDEN O4/ FRED R. DONOHOO, Mayor • RESOLUTION NO. 34 -74 RESOLUTION APPROVING ASSIGNMENT OF LEASE FROM CONTINENTAL HOSTS, INC. TO GOLDEN TEE MOTEL, INC. T H E C I T Y C O U N C I L City of Morro Bay, California WHEREAS, a request has been made by Continental Hosts, Inc. for permission to assign their leasehold interest in a portion of Lease Site No. 27W to Golden Tee Motel, Inc.; and WHEREAS, it is in the public interest that the approval of this City Council be given to said assignment, provided the assignees assume all the obligations required to be assumed by lessee under said lease: ' NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Morro Bay as follows: 1. Consent is hereby given by said Council to the assignment by Continental Hosts, Inc. of their leasehold interest in a portion of Lease Site No. 27W to Golden Tee Motel, Inc. which lease site is more particularly described on page.l of that certain lease between the City of Morro Bay and Golden ?Tee'Motel;: Inc. dated April 11, 1967 and is delineated on Drawing No. 1002 marked Exhibit "A" attached hereto; and 2. A copy of the Assignment of Lease and Assumption Agreement is made a part of this resolution; and 3. This assignment shall become effective upon receipt by the City of the executed Assignment of Lease and Assumption Agreement. On motion by Councilman Jennings and seconded by Council- man Brown , the Morro Bay City Council hereby adopts the foregoing proposed resolution in its entirety on the following roll call vote: AYES: Councilmen Brown, Jennings, Mitchell, Pipitone and Mayor Donohoo NOES: None ABSENT: None ADOPTED: May 13, 1974 ATTEST: . L. WARDEN, City Clerk FRED R. DONOHOO, Mayor RESOLUTION NO. 33 -74 RESOLUTION AMENDING PROCEDURES AND GUIDELINES GOVERNING THE ENVIRONMENTAL IMPACT REPORTS T H E C I T Y C O U N C I L City of Morro Bay, California WHEREAS, amended procedures and guidelines governing Environmental Impact Reports have been adopted by the City Council of the City of Morro Bay by Resolution No. 22 -74 in accordance with State mandated regulations; and WHEREAS, the State of California has, since that time, modified the regulations for processing Environmental Impact Reports; and WHEREAS, it is in the best interest of the public that the City Council of the City of Morro Bay adopt these modified pro- cedures and guidelines for processing EnvironmentalrImpact reports: NOW, THEREFORE, BE IT RESOLVED that the City Council does approve and adopt the amended procedures and guidelines attached hereto; and BE IT FURTHER RESOLVED that the City Attorney, City Administra- tor, City Planning Department and City,Planning Commission are here- by directed and authorized to implement and enforce these procedures subject to appeal to the City Council of the City of Morro Bay by any person or persons aggrieved by decisions or rulings arising from the exercise of this authority. On motion by Councilman Jennings and seconded by Councilman Brown , the City Council of the City of Morro Bay hereby adopts in its entirety the foregoing proposed resolution on the following roll call vote: AYES: Councilmen Brown, Jennings, Mitchell, Pipitone and Mayor Donohoo NOES: None ABSENT: None ADOPTED: May 13, 1974 • RED R. DONOHOO, Mayor 3014. Environroit: The physical conditi• which exist within the area which will be affected by a proposed project including land, air, water, minerals, flora, fauna, ambient noise, and objects of historic or aesthetic significance. 3015. Exemption: An exemption claimed by an applicant urgently . needed due to an emergency. 3016. Feasible: Capable of being accomplished in a successful manner by reasonable available, economic, and workable means. 3017. General Fee: A fee levied on applicants and project agencies in cases where negative declaration status is applied for or EIR review is required. The fee is designed to cover costs of environmental administration. 3018. Lead Agency: The agency which has the principal respon- sibility for carrying out or approving a project which may have a significant effect on the environment where more than one public agency is involved with the same underlying activity. Unless other- wise agreed upon between agencies, the City agency, as identified by the City Council, which has the principal responsibility for carrying out or approving a project. 3019. Ministerial Projects: Those activities defined as projects which are undertaken or approved by a governmental decision which a City officer, agency, or employee makes upon a given state of facts in a prescribed manner in obedience to the mandate of legal authority. With these projects, the officer, agency or employee must act upon the given facts without regard to any individual judgement or opinion concerning the propriety or wisdom of the act although the statute, ordinance, or regulation may require, in some degree, a construction of its language by the officer. 3020. Negative Declaration: A statement by the Planning Commission presenting the reasons that the project,'although not otherwise exempt, would not have a significant effect on the environment and therefore does not require an EIR. See Appendix "B ". 3021. Notice of Completion: A brief report filed with the Sec- retary for Resources as soon as a public agency has completed a draft EIR and is prepared to send out copies for review. See Appendix "F ",.. 3022. Notice of Determination: A brief notice to be filed by. - a City agency with the County of San Luis Obispo County Clerk when a final decision is made on a project which is subject to the require- ments of CEQA. 3023. Person: Any person, firm, association, organization, partnership, business, trust, corporation, company, district, county, city and county, city, town, the State and any agency or political subdivision of such entities. 3024. Project: The whole of an action, resulting in physical impact on the environment, directly or ultimately, that is any of the following: (a) An activity directly undertaken by an City agency includ- ing but not limited to public works, construction and related activities, clearing or grading of land, improve- ments to existing public structures, enactment and amendment of zoning ordinances, and the adoption of local General Plans or elements thereof. -3- '! 1973, involves a grea er degree of responsibilittand control over the project as a whole. 5003. No environmental redetermination shall be made nor any new EIR ordered or prepared by the City on any project for which an environmental determination was made or an EIR ordered before April 5, 1973. ARTICLE VI. EXCEPTIONS TO CEQA 6001. The following emergency projects are exempt from the requirements of CEQA: (a) Projects undertaken, carried out, or approved by a public agency to maintain, repair, restore, demolish or replace property or facilities damaged or destroyed as a result of disaster in a disaster stricken area in which a state of emergency has been proclaimed by the Governor pursuant to Chapter 7 (commencing with Section 8550) of Division 1, Title 2 of the Government Code.. (b) Emergency repairs to public service facilities necessary to maintain service. (c) Projects undertaken as immediate action necessary to prevent or mitigate an emergency. 6002. A project involving only feasibility or planning studies for possible future actions which the City Council or City agency has not approved, adopted, or funded does not require the prepara- tion of an Environmental Impact Report, but does require considera- tion of environmental factors. ARTICLE VII. PROCEDURES 7001. Determinaticn of Categorical Exemption: Any project under- taken or to be approved by the City shall first be reviewed by the Coordinator (as defined herein) to determine whether it is categorically or otherwise exempt from the operation of CEQA. (a) When the Coordinator determines that a project is exempt from the requirements of CEQA because it, is an emergency project, a ministerial project or categorically exempt, and the City approves or determines to carry out the project, it shall file a notice of exemption. Such a notice shall include (1) a brief description of the project, (2) a finding that the project is exempt, including a citation to the State Guidelines section under which it is found to be exempt, and (3) a brief statement of reasons to support the finding. (b) The notice of exemption shall be filed with the County Clerk. (c) Any person desiring to appeal such exempt determination shall file an appeal with the Planning Department within thirty -five (35) days of the determination date. The Planning Commission shall hear such appeal at the first regularly scheduled date of Planning Commission meeting. In no event shall project approval be considered to have been granted until thirty -five days after the date of the determination herein required. (d) Although the Coordinator may determine that a project is categorically or otherwise exempt from the operation of CEQA, the Planning Commission or City Council may make a different determination during the course of any of its hearings concerning such project. 7002. Initial Review - Non - Exempt Status: If it is determined that the project is not exempt, then the Coordinator shall request -5- • • RESOLUTION NO. 32 -74 RESOLUTION APPROVING CONTRACT OF SALE OF REAL PROPERTY, ACCEPTING DEED FROM HENRY 0. BENDER AND AUTHORIZING RECORDATION T H E C I T Y C O U N C I L City of Morro Bay, California The following resolution is hereby proposed: RESOLVED that the City Council of the City of Morro Bay does hereby approve the Contract of Sale of Real Property attached hereto and by reference made a part hereof; and BE IT FURTHER RESOLVED that the City of Morro Bay does hereby accept a Grant Deed from Henry O. Bender for all that real property described as Lot 4, Block 38, Tract No. 2, in the City of Morro Bay, according to map recorded in Book 5, Page 20 of Maps, in the office of the County Recorder of the County of San Luis Obispo; and BE IT FURTHER RESOLVED that the City Clerk be and is hereby authorized and directed to record said deed together with a copy of the Contract of Sale of Real Property and a copy of this re- solution in the office of the Recorder of the County of San Luis Obispo. On motion by Councilman Jennings and seconded by Councilman Brown , the Morro Bay City Council hereby adopts the fore - going, proposed resolution in its entirety on the following roll call vote: AYES: Councilmen Brown, Jennings, Mitchell, Pipitone, and Mayor Donohoo NOES: None ABSENT: None ADOPTED: April 22, 1974 ATTEST: guraii M. L: WARDEN, City Clerk &/4 / FRED R. DONOHOO, Mayor • • RESOLUTION NO. 31 -74 RESOLUTION APPROVING A LEASE BETWEEN THE CITY OF MORRO BAY AND THE STATE OF CALIFORNIA FOR BERTHING AND PARKING SPACE T H E C I T Y C O'U N C I L City of Morro Bay, California The following resolution is hereby proposed; RESOLVED that the City Council of the City of Morro Bay does hereby approve the lease by and between the City of Morro Bay and the State of California for one berth at the City's North "T" Pier located in Morro Bay Harbor, NW of the U.S. Coast Guard Berth together with two (2) parking spaces located within a 500 foot radius of said Pier and including unlimited ingress and egress to and from said Pier for the period March 1, 1974, to and including February 28, 1979; and BE IT FURTHER RESOLVED that the Mayor and City Administrator are hereby authorized and directed to execute the lease for and on behalf of the City of Morro Bay. On motion by Councilman Jennings and seconded by Councilman Brown , the City Council of the City of Morro Bay hereby adopts the foregoing proposed resolution in its entirety on the following roll call vote: AYES: Councilmen Brown, Jennings, Mitchell, Pipitone, and Mayor Donohoo NOES: None ABSENT: None ADOPTED: April 22, 1974 ATTEST: M. L. WARDEN, City Clerk FRED R. DONOHOO, Mayor RESOLUTION NO. 30 -74 RESOLUTION ADOPTING RULES, REGULATIONS, AND FEES FOR THE MOORING OF VESSELS AT PIERS, DOCKS, AND OFF -SHORE MOORINGS WITHIN THE CORPORATE LIMITS OF THE CITY OF MORRO BAY T H E C I T Y C O U N C I L City of Morro Bay, California WHEREAS, the City of Morro Bay has provided certain piers, docks, and off -shore mooring areas for the accommodation of vessels in Morro Bay Harbor; and WHEREAS, the City of Morro Bay Municipal Code, Ordinance No. 119 provides that the City Council shall, by resolution, establish rules and regulations and set fees for the mooring of vessels at said piers, docks and off -shore mooring areas; and WHEREAS, it is in the public interest to adopt such rules and regulations; and WHEREAS, immediate implementation of such rules and regulations could cause undue inconvenience to certain vessel owners and operators: NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay that the attached "Exhibit A" entitled "Rules, Regulations and Fees for the Mooring of Vessels at Piers, Docks, and Off -Shore Moorings" shall constitute the rules, regulations, and dockage fees referred to in Ordinance No. 119; and BE IT FURTHER RESOLVED that the Director of Public Works is hereby authorized a period of up to six (6) months to phase in the provisions of said Rules and Regulations pertaining to the location or re- location of moorings or vessels occupying pier, dock or mooring space so as to prevent undue inconvenience or hardship upon anyone affected by said Rules and Regulations; and BE IT FURTHER RESOLVED that the rules, regulations, and fees shall remain in effect until such time as they shall be amended by resolution of the City Council of the City of Morro Bay. On motion by Councilman Jennings and seconded by Councilman Pipitone , the Morro Bay City Council hereby adopts the foregoing proposed resolution in its entirety on the following roll call vote: AYES: Councilmen Brown, Jennings, Mitchell, Pipitone, and Mayor Donohoo NOES: None ABSENT: None ADOPTED: April 22, 1974 ATTEST: M. L. WARDEN, Cit Clerk FRED R. DONOHOO, Mayor o RULES,. REGULATIONS, AND FEES FOR THE MOORING OF VESSELS AT PIERS, DOCKS, AND.OFF -SHORE MOORINGS A. DEFINITIONS 1. Beach Street Dock - shall mean the floating dock at the foot of Beach Street in City. 2. City Docks - shall mean those City -owned slips and float- ing docks immediately adjacent to the boat launching ramp at the southerly terminus . of the Embarcadero and those docks and slips located at the foot of Dunes Street along the Embarcadero. 3. City Pier - shall mean the northerly "T" pier located approximately 1300 feet north of the Beach Street Docks. 4. Off -Shore Moorings - shall mean those moorings in the designated mooring 'areas of Morro Bay Harbor. 5. Anchorage Areas - as defined in Section 9406.2, Chapter IV to Title IX of the Morro Bay Municipal Code. 6. Mooring and Anchorage Zones -,as defined in Section 9406.2, Chapter IV to Title IX of the ;'Morro Bay Municipal Code. 7. Tenant - shall mean any person (orThis authorized repre- sentative) who rents or leases City -owned mooring or docking facilities or who rents or leases from City mooring space or spaces within mooring and anchorage areas A -1 and A -2. B. RULES AND REGULATIONS - GENERAL 1. To be admitted and to continue to occupy mooring or docking facilities, a vessel must be registered, identi- fied, marked, equipped, and maintained as required by law and safe practice. 2. When a vessel enters a mooring or docking facility, it immediately comes under the jurisdiction of the City and shall be moored or docked only where ordered. 3. No sub- leasing of slips or transfer of vessels between slips will be allowed except on prior written permission of the City.' 4. In order to utilize docking and mooring space to the maximum, the City may rent such spaces on a temporary basis when the primary occupant's space is vacant. Fees collected from such rental shall be credited to the account of the primary occupant up to the amount of the primary occupant's annual pro -rated rental. Temporary rental fees for City docks shall be calculated on the basis of the monthly rental rate for such docks. 5. All boats shall be secured in their berths in a manner acceptable to the City or the City may, after notice to the Tenant, adequately secure the boat and assess a service fee. • RULES AND REGULATIONS PAGE TWO 6. In the event of severe storm or tidal wave, the Tenant will provide preparation and damage prevention service. The owner or his agent is solely responsible to take all emergency measures possible, and the City does not assume any responsibility for said protection and /or damages to the owner's vessel from storm or tidal wave action. 7. The City assumes no responsibility for-the safety of any vessel using City facilities, and will not be liable for fires, theft, or damage to said vessel, its equipment, or any property in or on said vessel, however arising. 8. Tenant expressly and by his use of City facilities agrees to hold City and its officers and employees harmless from any claim he or any of his crew or any of his guests may have against City for damage to the vessel or any other property or for personal injury arising from Tenant's use of such City property. 9. Tenders and skiffs shall be stored on board larger vessels when possible. They must be kept off the docks. They may be berthed in areas designated by the City. Their identification marks or name are required to be recorded with the City. No dock boxes, steps, etc., can be installed without permission from the City. 10. The water space between the shore and City docks shall be used primarily for the storage of tender, skiffs or dinghys used to serve vessels occupying moorings in the non - commercial mooring zones. 11. In accordance with the Morro Bay Municipal Code, the discharge or deposit of any refuse and /or waste material in or upon any beach, waters of Morro Bay and the Pacific Ocean, watercourse, waterway, levees, banks, revetments, or breakwaters of watercourses or waterways within the City of Morro Bay is prohibited. TM. _.. -- r-1) -Mc? 12. Vessel owners shall not place supplies, materials, accessories, or debris on any walkway, and shall not construct thereon any lockers, chests, cabinets, or similar structures, except with written approval of the City. 13. Laundry shall not be hung on docks or finger piers. 14. No charcoal fires or open fires of any kind will be allowed on any facility designed for the use of berthing, docking of vessels. 15. No sport fishing business shall be allowed to be con- ducted from slips or berthing facilities to which this agreement applies. 16. For any infraction of these rules and regulations, for which a citation is not issued, the City shall provide written notice to Tenant to correct such infraction. Tenant shall correct the infraction within thirty (30) days of the date of written notice.' Failure to comply RULES AND REGULATIONS PAGE THREE with the written notice shall subject Tenant to can- cellation of mooring, berthing, or docking privileges at option of City. Tenant may, at any time during the thirty (30) day period, appeal the notice of infraction in writing to the City Administrator and may further appeal in writing any action by the City Administrator to the City Council. Such appeal to County must be filed with the City Clerk within five (5) days after the thirty (30) day notice period has elapsed and the Council shall hear such appeal at the earliest scheduled Council meeting. City's option to cancel mooring, berthing, or docking privileges shall be held in abeyance until a final Council decision has been rendered. C. RULES AND REGULATIONS - BEACH STREET FLOAT 1. Time Limit.- In order that this facility may be used for minor repair, painting, and emergency mooring, no vessel shall occupy this facility more than five (5) days in any thirty (30) day period. D. RULES AND REGULATIONS - CITY DOCKS 1. No vessel shall be permitted to rent berthing space at City docks unless the vessel is licensed as a commercial fishing vessel and the owner /operator holds a valid commercial fishing license issued by Department of Fish and Game of the State of California and provided that Tenant is actively engaged in commercial fishing as evidenced by State of California, Department of Fish and Game commercial fish receipts issued during the current calendar year unless said berthing space has not been rented for use by a commercial vessel for at least sixty (60) days. 2. Every vessel using City docks'shall be in good mechanical and seaworthy condition. 3. No Tenant shall assign his berthing space to any other vessel owner without written permission of City. E. RULES AND REGULATIONS - CITY PIER 9. 1. It is the intention of the City that the City pier shall be used as a docking facility primarily to serve the needs of transient vessels and for vessels owned and operated by governmental agencies in accordance with the following: (a) First Priority: Vessels operated by the City of Morro Bay, the United States Government and by agencies of the State of California. (b) Second Priority: Vessels of a commercial nature defined as vessels for which the State of California, Department of Fish and Game has issued a current commercial fishing license, and whose owner or operator holds a current State of California, Department of Fish and Game commercial fishing license, and which, during the RULES AND REGULATIONS PAGE FOUR • current calendar year has been actively used for commercial fishing activities. Such use shall be evidenced by State of California, Department of Fish and Game, commercial fish receipts issued during the current calendar year. Vessels qualifying under this priority shall be permitted to moor or dock at the City pier for a period not to exceed seven (7) days in any one thirty (30) day period of any one calendar year except that for the months of June through November of each calendar year such vessels shall not use the City pier for a period exceeding fourteen (14) days in any thirty (30) day period. (c) Third Priority: Transient vessels of a non - commercial nature, as space permits at the discretion of the Director of Public Works, but not to exceed a period of seven (7) days in any one thirty (30) day period during the calendar year 2. No major repairs to or rebuilding of any vessel shall be permitted while said vessel is moored at City Pier. The Director of Public Works or his delegated representative shall have full authority to decide what repairs or re- building shall be considered major. 3. The Director of Public Works or his delegated represen- tative shall have full authority to direct the space to be occupied at City Pier and shall approve the manner in which every vessel is fastened :thereto. F. RULES AND REGULATIONS - OFF -SHORE MOORINGS 1. No owner or operator shall moor his vessel at any off- shore mooring which is in a mooring zone under the direct control of City without receiving permission of the Director of Public Works and making necessary arrangements for rental payments. 2. After a mooring is assigned to a Tenant and until such time as the assignment is cancelled by City at Tenant's request, the Tenant shall be responsible for payment of rental whether he occupies the mooring or not. 3. Each vessel shall occupy only that mooring to which it has been assigned unless prior permission has been obtained from the City or mooring operator to occupy a different mooring. 4. Each mooring operator shall provide the Director of Public Works with a master list of all vessels occupying moorings within the operator's mooring zone. Such list shall be provided within two (2) weeks of a mooring operator assuming control over the moorings within his mooring zone. The mooring operator shall inform the Director of Public Works of any changes to such list as changes occur and such list shall be kept current. This list shall contain as a minimum the information specified in paragraph "H" below. • • RULES AND REGULATIONS PAGE FIVE 5. It shall be the responsibility of the vessel operator or owner to assure that vessels are secured to moorings in accordance with safe seamanship practices. Mooring lines and'tackle shall be maintained in safe and workable condition. The Director of Public Works or the harbor patrolmen shall have the authority to board a vessel to inspect all mooring lines and tackle at any time to assure compliance with this requirement. G. RENTAL, LEASE AND FEE SCHEDULE 1. All rental or lease fees are payable to City in advance. 2. Beach Street Dock - Rental shall be $1.50 per day. 3. City Docks - Rental shall be $40.00 per month, $210.00 per six (6) months, or? $360.00 per year. 4. City Pier - (a) Each vessel shall be entitled to free dockage for the first forty -eight (48) hours that it is moored at the City Pier and shall be charged thereafter at a daily rate of .O5C per foot of overall length for a period not to exceed those established by paragraph E above. 5. Off -Shore Moorings - (a) Rental for mooring space under direct City control shall be Ten Dollars ($10.00) per month for vessels under thirty feet (30') in length and shall be Fifteen Dollars ($15.00) per month for vessels thirty feet (30') and longer. (b) Mooring zones leased to commercial operators shall be leased at the same rates, periodically adjusted, as prevail for City leases of Tidelands Grant water areas. In general, such rates are based upon valuation of the square footage of water area in each zone adjusted annually to reflect changes in the U. S. government published Consumers Price Index. 6. Penalty Fees - (a) For any vessel exceeding the maximum time limits estab- lished for the Beach Street Dock or the City Pier, the fee schedule shall increase by $5.00 per day for each day in excess of the prescribed limits. H. REGISTRATION OF VESSELS UTILIZING MOORING DOCKING, BERTHING AND ANCHORAGE FACILITIES 1. Each owner or operator of a vessel utilizing City docking, anchorage, berthing, or mooring facilities shall register with the Director of Public Works, or his designated representative and shall provide, as a minimum, the following information: (a) Name, registration number and home port of the vessel. • • RULES AND REGULATIONS PAGE SIX (b) If a commercial fishing vessel, the number and date of issuance of the current commercial fishing license. (c) Name, address and telephone number of the owner. (d) Name, address and telephone number of a person responsible for the safety of the vessel. (e) The dock, berth, mooring or anchorage site at which the vessel is located. (f) If a transient vessel, an estimate as to the duration of intended stay. 2. Each owner or operator of a vessel renting docking or mooring space from the City on an annual or semi - annual basis shall notify the Director of Public Works when such owner or operator anticipates that his space will be vacant for a-period of two weeks or longer so that such space may be temporarily rented as provided for by Paragraph B 4 above. RESOLUTION NO. 29 =74 RESOLUTION AUTHORIZING ACCEPTANCE OF "AGREEMENT AND GRANT OF EASEMENT" . WITH THE STATE OF CALIFORNIA, DEPARTMENT OF PARKS AND RECREATION FOR :AN.ADDITIONAL KINGS:AVENUE WATER:STORAGEITANK T H E C I T Y C O U N C I L City of Morro Bay, California WHEREAS, it is in the public interest for the City of Morro Bay, a municipal corporation, hereinafter referred to as City, to enter into a 1974 "Agreement and Grant of Easement: with the State of California, Department of Parks and Recreation, herein- after referred to as State, for the construction of a water storage tank and water pipe lines, over, under, and across a portion of Morro Bay State Park and shown on that certain "Agreement and, Grant of Easement" between the State of California, Department of Parks and Recreation and the City of Morro Bay, dated June 3, 1969, and recorded July 24, 1969, as Document No. 15561 in Volume 1525, pages 137 to 142, Official Records of the County of San Luis Obispo, California; and WHEREAS, the map attached to and made a part of that "Agreement and Grant of Easement ", dated June 3, 1969, and recorded July 24, 1969, referred to as Document No. 15561 above, as accepted by City of Morro Bay Resolution No. 46 -69 erroneously made reference, in the singular, to a 1.0 M.G. tank; and WHEREAS, the intention of the City to provide for approximately 2.0 million gallons of water 'tank capacity; ands. WHEREAS, the City and the State have agreed that the agreement authorized and accepted by Resolution No. 46 -69 requires clarifi- cation so as to provide for 2.0 million gallons of water storage capacity. - NOW THEREFORE, BE IT RESOLVED that City hereby accepts the 1974 "Agreement and Grant of Easement" referred to herein; and BE IT FURTHER RESOLVED that the Mayor and City Clerk be and are hereby directed to execute the "Agreement and Grant of Easement" on behalf of the City of Morro Bay. On motion by Councilman Jennings and seconded by Councilman Brown the City Council of the Cityof Morro Bay hereby adopts in its entirety the foregoing proposed resolution on the following roll call vote: AYES: Councilmen Brown, Jennings, Mitchell, Pipitone, and Mayor Donohoo NOES: None ABSENT: None ADOPTED: April 8, 1974 ATTEST: WARDEN, City Clerk RED R. DONOHOO, RED R. DONOHOO, Mayor • RESOLUTION NO. 28 -74. RESOLUTION ACCEPTING WORK AND GIVING - NOTICE OF COMPLETION FOR CONSTRUCTION AND INSTALLATION OF FLOATS, RAMPS AND PILING IN THE CITY OF MORRO BAY T H E C I T Y C O U N C I L City of Morro Bay, California WHEREAS, the Morro Bay City Council did, on September 11, 1973, award a contract for the construction and installation of floats, ramps and piling, to Ted Watkins General Engineering Contractor, and WHEREAS, the Director of Public Works has certified that said work has been completed in accordance with the provisions of the contract, NOW, THEREFORE, BE IT RESOLVED,that said work is accepted as completed on the 21st day of March, 1974, and the City Clerk is hereby directed to file a notice of completion in the office of the recorder of the County of San Luis Obispo. On motion by Councilman Jennings and seconded by Councilman Mitchell, the Morro Bay City Council hereby adopts the foregoing resolution in its entirety on the following roll call vote: AYES: Councilmen Brown, Jennings, Mitchell, Pipitone, and Mayor Donohoo NOES: None ABSENT: None ADOPTED: April 8, 1974 ATTEST: . WARDEN, City Clerk ' ea FRED R. DONOHOO, Mayor • , r CERTIFICATION OF COMPLETION The undersigned hereby certifies that the construction and installation of floats, ramps and piling by Ted Watkins, General Engineering Contractor, was inspected March 21, 1974 and found to have been completed in accordance with the approved plans and specifications. It is, therefore, recommended that the work be accepted by the Morro Bay City Council as completed and that the City Clerk be authorized to file a Notice of Completion. Dated: March 25, 1974 .,4"*9 y: GEORGE E. CHRISSAKIS City Engineer City of Morro Bay, California ' NOTICE OF COMPLETION TO WHOM IT MAY CONCERN: NOTICE IS HEREBY GIVEN by the undersigned City Clerk of the City of Morro Bay, San Luis Obispo County, California, that the work of construction and installation of floats, ramps and piling in the City of Morro Bay, has been completed by Ted Watkins General Engineering Contractor and said work was accepted as completed on March 21, 1974, by the Morro Bay City Council by the adoption of Resolution No. 28 -74 dated April 8, 1974. M. WARDEN, City Clerk City of Morro Bay, California The undersigned hereby deposes and says: That he is the City Clerk of the City of Morro Bay, San Luis Obispo County, California; that he has read the foregoing notice and knows the contents thereof; that the same is true of his own knowledge. I declare the foregoing to be true under penalty of perjury. Executed at Morro Bay, California, this 11th day of April, 1974. M. L. /4ARDEN, City Clerk • • RESOLUTION NO. 27 -74 RESOLUTION ACCEPTING WORK AND GIVING NOTICE OF COMPLETION FOR CONSTRUCTION AND INSTALLATION OF POLICE STATION REMODELING IMPROVEMENTS T H E C I T Y C O U N C I L City of Morro Bay, California WHEREAS, the Morro Bay City Council did, on January 14, 1974, award a contract for the construction and installation of Police Station remodeling improvements, including heating system, suspended ceiling and lighting to J. W. Bailey ConstrtEtion Company; and WHEREAS, the Director of Public Works has certified that said work has been completed in accordance with the provisions of the contract, NOW, THEREFORE, BE IT RESOLVED that said work is accepted as completed on the 18th day of March, 1974, and the City Clerk is hereby directed to file a notice of completion in the office of the recorder of the County of San Luis Obispo. On motion by Councilman Jennings and seconded by Councilman Mitchell, the Morro Bay City Council hereby adopts the foregoing resolution in its entirety on the following roll call vote: AYES: Councilmen Brown, Jennings, Mitchell, Pipitone, and Mayor Donohoo NOES: None ABSENT: None ADOPTED: March 25, 1974 ATTEST: . WARDEN, Ci y Clerk FRED R. DONOHOO, Mayor • • NOTICE OF COMPLETION TO WHOM IT MAY CONCERN: NOTICE IS HEREBY GIVEN by the undersigned City Clerk of the City of Morro Bay, San Luis Obispo County, California, that the work of construction and installation of Police Station remodeling improvements, including heating system, suspended ceiling and lighting, has been completed by J. W. Bailey Construction Company and said work was accepted as completed on March 18, 1974, by the Morro Bay City Council by the adoption of Resolution No. 27- 74dated March 25, 1974. WARDEN, City Clerk City of Morro Bay, California The undersigned hereby deposes and says: That he is the City Clerk of the City of Morro Bay, San Luis Obispo County, California; that he has read the foregoing notice and knows the contents thereof; that the same is true of his own knowledge. I declare the foregoing to be true under penalty of perjury. Executed at Morro Bay, California, this 28th.day of March, 1974. • • 'CERTIFICATION OF COMPLETION The undersigned hereby certifies that the work of construction and installation of Police Station remodeling improvements, including heating system, suspended ceiling and lighting, by J. W. Bailey Construction Company has been inspected and has been found to comply with the approved plans and specifications. It is therefore recommended that the work be accepted by the Morro Bay City Council as completed and that the City Clerk be authorized to file a Notice of Completion. DATED: March 18, 1974 D'!M STUART Director of Public Works City of Morro Bay, California • • RESOLUTION NO. 26 -74 RESOLUTION APPROVING ASSIGNMENT OF LEASE SITES NO. 71,72,71W & 72W FROM LORENZO DAVIS AND VIOLET DAVIS TO JOHN J. KIRTH AND GISELA G. KIRTH T H E C I T Y C O U N C I L City of Morro Bay, California WHEREAS a request has been made by Lorenzo and Violet Davis, husband and wife, to transfer the leasehold interest in Lease Sites 71,72,71W & 72W to John J. and Gisela G. Kirth; husband and wife; an d WHEREAS, it is in the public interest that the approval of this City Council be given to said assignment, provided the assignees assume all the obligations required to be assumed by lesses under said lease: NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay as follows: 1. Consent is hereby given by said Council to the assignment by Lorenzo and Violet Davis of the leasehold interest in Lease Site No. 71,72,71W & 72W to John J. and Gisela G. Kirth, husband and wife; and 2. A copy of the Assignment of Lease Agreement and Assumption Agreement is made a part of this resolution; and 3. This assignment shall become effective upon receipt by the City of the executed Assignment of Lease Agreement and Assumption Agreement. On motion by Councilman Jennings and seconded by Mayor:: . Donohoo , the Morro Bay City Council hereby adopts the foregoing proposed resolution in its entirety on the following roll call vote: AYES: Councilmen Brown, Jennings, Mitchell, Pipitone and Mayor Donohoo NOES: None ABSENT: None ADOPTED: March 25, 1974 ATTEST: 14. . WARDEN, Ci y Clerk /LG6/ /)f FRED R. DONOH00, Mayor RESOLUTION NO. 25 -74 RESOLUTION PROHIBITING PARKING ON PORTIONS OF CERTAIN STREETS WITHIN THE CITY OF MORRO BAY - IMPROVEMENT DISTRICT NO. 6 T H E C I T Y C O U N C I L City of Morro Bay, California WHEREAS, concern has been expressed by residents in the area of Improvement District No. 6 as pertains to hazardous parking due to narrow streets; and WHEREAS, a survey by both the Police and Traffic Engineer confirmed restrictions to traffic movement and possible hazardous conditions; and WHEREAS, a public hearing regarding proposed restricted parking in the area of Improvement District No. 6 was held on February 25, 1974, NOW THEREFORE, BE IT RESOLVED that parking be and is hereby prohibited on one or both sides of certain streets as follows: 1. On the west side of Nutmeg along its entire length; 2. On the east side of Laurel from Avalon south; 3. On the west side of Laurel along its entire length; 4. On the west side of Koa from Elena to Laurel; 5. On the west side of Juniper from Elena to Avalon; 6. On the south side of Cuesta from Laurel to Nutmeg; 7. On the south side of Casitas from Laurel to Nutmeg; 8. On the south side of Conejo from Koa to Laurel; 9. On the south side of San Juan from Ironwood to Koa; 10. On the south side of Paula from Ironwood to Juniper; and 11. On the north side of Avalon from Ironwood to Laurel. BE IT FURTHER RESOLVED that the Director of Public Works is directed to have proper signing installed to effectuate this resolution. On motion by Councilman Jennings and seconded by Councilman Mitchell , the Morro Bay City Council hereby adopts the foregoing resolution in its entirety on the following roll call vote: AYES: Councilmen Brown, Jennings, Mitchell, Pipitone and Mayor Donohoo NOES: None ABSENT: None ADOPTED: March 25, 1974 ATTEST: WARDEN, City Clerk FRED R. DONOHOO, Mayor • • RESOLUTION NO. 24 -74 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY RECITING THE FACT OF THE GENERAL MUNICIPAL ELECTION HELD IN THE CITY OF MORRO BAY ON THE 5TH DAY OF MARCH, 1974, AND DECLARING THE RESULT THEREOF AND SUCH OTHER MATTERS AS ARE PROVIDED BY LAW T H E C I T Y C O U N C I L City of Morro Bay, California WHEREAS, a regular general municipal election was held and conducted in the City of Morro Bay, County of San Luis Obispo, State of California, on Tuesday, the 5th day of March, 1974, as required by law; and WHEREAS, notice of said election was duly and regularly given in time, form, and manner as provided by law; that voting precincts were properly established; that election officers were appointed, and that in all respects said election was held and conducted and the votes cast thereat received and canvassed and the returns made and declared in time, form, and manner as required by the provisions of the Elections Code of the State of California for the holding of election in cities; and WHEREAS, pursuant to Resolution No. 17 -74, adopted the 25th day of February, 1974, the City Clerk of the City of Morro Bay can- vassed the returns of said election and has certified the results to this City Council, said results are received, attached, and made a part hereof as "Exhibit A ": NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MORRO BAY DOES RESOLVE AS FOLLOWS: SECTION 1. That there were six (6) voting precincts established for the purpose of holding said election, consisting of consolida- tions 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 regular general 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: Three (3) members of the City Council of said city for the full term of four (4) years. SECTION 3. That at said regular general municipal election, the following measure was submitted to the electors of said city, to wit: SHALL THE CITY OF MORRO BAY CONSTRUCT A ROAD WITH A BRIDGE ACROSS MORRO CREEK TO CONNECT THE SOUTHERLY AND NORTHERLY PORTIONS OF EMBARCADERO ROAD? SECTION 4. That the whole number of votes cast in said city (except absent voter ballots) was 8,803. That the whole number of absent voter ballots cast in said city was 237, making a total of 9,040 votes cast in said city. • Resolutio No. 24 -74 Page Two • SECTION 5. That the names of persons voted for at said election for Member of the City Council of said city are as follows: Dale C. Mitchell Donald H. Brown Robert P. Dunn Nino L. Pipitone Eugene L. Shelton Buddy Joe Ginini Dale Lucas Shirley McGuire That the measure voted upon at said election is as follows: SHALL THE CITY OF MORRO BAY CONSTRUCT A ROAD WITH A BRIDGE ACROSS MORRO CREEK TO CONNECT THE SOUTHERLY AND NORTHERLY PORTIONS OF EMBARCADERO ROAD? That the number of votes given at each precinct and the number of votes given in the City to each of such persons above named for the respective offices for which said person were candidates and for and against the measure were as listed in "Exhibit A" attached. SECTION 6. The City Council does declare and determine that: DALE C. MITCHELL was elected as Member of the City Council of said city for the full term of four years; DONALD H. BROWN was elected as Member of the City Council of said city for the full term of four years; NINO L. PIPITONE was elected as 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 said measure relating to constructing a bridge and road across Morro Creek did not vote in favor thereof, and that said proposi- tion was not carried, and shall not be deemed adopted and ratified. SECTION 7. The City Clerk shall enter on the records of the City Council of said city, a statement of the result of said election, showing: The whole number of votes cast in the city; The names of the persons voted for; The measures voted upon; For what office each person was voted for; The number of votes given at each precinct to each person, and for and against each measure; The number of votes given in the city to each person, and for and against each measure. SECTION 8. That the City Clerk shall immediately make and, upon compliance by the persons elected with the provisions of Section 11550 and Section 11559 of the Elections Code of the State of California, shall deliver to each of such persons so elected • • Resolution No. 24 -74 Page Three 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 California 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 the meeting at which the same is passed and adopted. On motion by Councilman Donohoo and seconded by Councilman Jennings , the Morro Bay City Council hereby adopts the fore- going proposed resolution in its entirety by the following roll call vote: AYES: Councilmen Donohoo, Jennings, Keiser, McConaghay and Mayor Mitchell NOES: None ABSENT: None ADOPTED: March 12, 1974 ATTEST: WA DEN, City Clerk <.1 DALE c. MITCHELL, Mayor RESOLUTION NO. 23 -74' RESOLUTION APPROVING GRANT OF USE PERMIT AGREEMENT TO THE MORRO BAY CHAMBER OF COMMERCE T H E C I T Y C O U N C I L City of Morro Bay, California The following resolution is hereby proposed: RESOLVED that that certain document entitled "Use Permit Agreement" between the City of Morro Bay and the Morro Bay Chamber of Commerce, a copy of which is attached hereto, is hereby approved by the Morro Bay City Council; and BE IT FURTHER RESOLVED that the Mayor and City Clerk be and are hereby authorized to sign said Agreement for and on behalf of the City of Morro Bay. On motion by Councilman Jennings and seconded by Councilman Donohoo , the Morro Bay City Council hereby adopts the fore- going proposed resolution in its entirety on the following roll call vote: AYES: Councilmen Donohoo, Jennings, Keiser, McConaghay and Mayor Mitchell NOES: None ABSENT: None ADOPTED: March 11, 1974 ATTEST: M. L WARDEN, City Clerk D ‘00 ITCHE , Mayors • r 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 • 'USE PERMIT AGREEMENT The City of. Morro Bay, a municipal corporation of the State of California (hereinafter called CITY) hereby grants to the Morro Bay Chamber of Commerce (hereinafter called PERMITTEE) the right to use, on the terms and conditions hereinafter set forth, that property of the City of Morro Bay located within the city limits of the City of Morro Bay, County of San Luis Obispo, State of California, and described as: City property located on the northeast corner of the intersection of Front Street and Embarcadero Road and described in Exhibit "A" attached hereto, (hereinafter called SAID PROPERTY). 1. The right and privilege granted to PERMITTEE pursuant to this Use Permit Agreement shall become effective between the hours of 12:00 p.m. on March 30, 1974 and 6:00 p.m. on March 30, 1974. 2. PERMITTEE shall use SAID PROPERTY for the purpose of conducting Annual Oyster Festival activities, and for no other purpose. PERMITTEE may display such exhibits on SAID PROPERTY as PERMITTEE deems necessary for such purpose, provided, however, tha all rules, regulations, resolutions, and ordinances of the City of Morro Bay or any department thereof, including by way of illus- tration but not limitation, fire and safety orders, rules, re- gulations, or ordinances, shall at all times be complied with. 3. Prior to the expiration of this Use Permit Agreement, PERMITTEE shall remove or cause to be removed, all exhibits and other facilities constructed or erected on SAID PROPERTY by PERMITTEE. At the expiration of this Use Permit Agreement, PERMITTEE shall surrender SAID PROPERTY to CITY in as good con- dition as it was when it was originally received by PERMITTEE, reasonable wear excepted. 4.a This Use Permit Agreement is granted to PERMITTEE upon the express condition that PERMITTEE shall keep and hold CITY free 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 from all liability, expense, and claim for damages by reason of any injury or death to any person or persons, including PERMITTEE, or property of any kind whatsoever and to whomsoever belonging, including PERMITTEE, from any cause or causes whatsoever during the term of this Use Permit Agreement or any extension thereof or any occupancy or use hereunder; PERMITTEE hereby covenanting and agreeing to indemnify and save CITY harmless from all liability, loss, cost, and obligations on account of or arising out of any such injuries or losses howsoever occurring. 4.b PERMITTEE agrees to take out and keep in force during the life hereof, at PERMITTEE'S expense, liability insurance to protect against any liability to any person or persons, including PERMITTEE, resulting from any occurrence in or about or incident to SAID PROPERTY and appurtenant areas in the amount of $100,000 to indemnify against the claim of one person, $300,000 against the claim of two or more persons; and $50,000 for property damage. Said policies shall insure the liability of PERMITTEE and the liability, contingent or otherwise, of CITY and such other persons firms, or corporations as may be designated by CITY. If PERMITTEE does not keep such insurance in full force and effect, this Use Permit Agreement may be immediately terminated. PERMITTEE shall provide City with copies and certificates of all of said policies including endorsements which state that such insurance shall not b cancelled except after ten (10) days prior written notice to CITY. Each such policy shall be approved as to form and insurance compan' by CITY. 4.c Any insurance policy insuring PERMITTEE against claims, expense, or liability for injury or death to person or property in or about SAID PROPERTY shall provide that the insurer shall not acquire by subrogation any right of recovery which PERMITTEE has expressly waived in writing prior to the occurrence of the loss. PERMITTEE hereby waives any right of recovery against CITY for any -2- 4' 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 • such claim, expense, or liability. 5. PERMITTEE shall pay all charges for all utilities, including by way of illustration and not limitation, electricity, gas, water, and telephone which are used on or about SAID PROPERTY during the term of this Use Permit Agreement. 6. CITY shall have the right to enter upon SAID PROPERTY at all reasonable hours to examine the same or to make such repairs or temporary alterations as CITY shall, in its sole discretion, desire. Dated: ATTEST: CITY OF MORRO BAY 1127. , /1/ i:,%v,,% -�` M. L. WARDEN, City Clerk 1 DALE C. MITCHELL, Mayor PERMITTEE Dated: By +:Ca 4 / , `W f{ `Y1 Title: - 3- rn • RE- CANVASS General Municipal Election March 5, 1974 PRECINCT NO. 5 (Comprising regular election precincts 13, 14, and 15) Machine No. 93916 We hereby certify with respect to Voting Machine No. 93916 - That the number of the seal is /p Q/3 / and the number of the protective counter is ® jj Z'7 That the votes cast for each candidate and the measure are as follows: DALE C. MITCHELL a 2, DONALD H. BROWN 1 17 ROBERT P. DUNN / 41 �p NINO L. PIPITONE �S P EUGENE R. SHELTON YES 0 71 MEASURE l NO That this Re- Canvass supercedes and corrects the Statement of Result of Votes Cast with regard to Voting Machine No. 93916 submitted March 5, 1974. INS ECT 071Lfi, r_ JUDGE JUDGE a . Lm JUDGE JUDGE ABSENT: Ione Soderberg DATED: March 12, 1974 ATTEST: t M WARDEN, City TOTAL CAST ABSENTEE TOTAL m 01 a III w N i-•' zit n ,V Z cn n H r m o Ln m o r m co 208 337 N w 254 249 w Dale C. MITCHELL FOR MEMBER OF THE CITY COUNCIL 1423 w a 1389 173 N, o r r 0o m 221 201 ( r J Donald H. BROWN 1097 (9 w o m a 157 223 r o r r w r 147 N r to Robert P. DUNN 1243 N J r N r m 147 230 r a J r m J 194 w r r Nino L. PIPITONE 1233 34 r Y' o r N N -j a Y' co 144 Y' r N co o Eugene L. SHELTON r r r BUDDY - r r Joe GININI 0 5 r r w Dale LUCAS r r • N. Shirley McGUIRE 824 ST c0 o to 103 146 93 133 r a m 186 - '.< [l to ,A SHALL THE CITY OF MORRO BAY CONSTRUCT A ROAD WITH A BRIDGE ACROSS MORRO CREEK TO CONNECT THE SOUTHERLY AND NORTHERLY PORTIONS OF EMBARCADERO ROAD? i=] M r to r J a CO 1469 N O J 327 230 r CO J r J VI a a W NO 9040 237 8803 ZLTT H r H 1234 r o r m N o n W it �y t>' p0 >J H H H J ttTi 't Z N H O al 'Q rt7.OH Y' W Y•7'm t1- H a C m n Y. t'j Y• (D (D N O 7 7 to Cr m • N rt 01 rt W 7 r 7 n Cr • rt am< 1-1- 11) (D rt r ai a m Y•m rt (DD 0 HI 0 (D ((DD mrt rte c'< P1 rt n /1 H• I-, m rt 0 rt O Y. C ▪ 0 H 0'C Cr a (D 'LS z M (D r7'O n mn(D0• r CO JC (D (n - a CD - N- W 0 I M a a JO O C 7 a M r o a < • rrt a rt Ear N am co (D0 ••Haaron O rt Y• nrtrtmrt 7 7' a C a m rt rt Cr O AC m rt (D 0" c rt et N m h (fD O.1 co 7 7 '1 'D Gmn0 n0"0ctW rt ▪ H fD 1-0< LG < rtn- (D 0 0' 0 M m C O 7 O H,4n00 H, 0 (D r• 7 wrt w rrt O 00 'C (D N r O N a MO 'i H, H Y• N o <'.aw crl ✓ i m m H. a 7 a7 E 7• to 11 o t" Yft a Y• G O rrt 1-'- 7' '<tn m 0 • G 0 0 a 0" 7 7 CY Y• Y• P. aro0rt(n k r• 7"d mro m 0 n a - n Y• Hi N H. (0 m 7 to (n 0 CD rt CD rt 1- E rt w t Dy m 0, H• < o 0 00 m00 0M rt 01 CD 77 r m H- O n a\\ a c a r1 0, 't am7a7 O n m u„< a ar oa - - Y m H Y•M a arCIA O Cu 0 0 J r fD 7 Mm rt- r 0 (n'< a a M aG a 7 O 7' 0 11 'CC u0.EW CITY CLERK'S CERTIFICATE OF CANVASS „K SIHIHX3„ RESOLUTION NO. 22 -74 RESOLUTION AMENDING PROCEDURES AND GUIDELINES GOVERNING ENVIRONMENTAL IMPACT REPORTS T H E C I T Y C O U N C I L City of Morro Bay, California WHEREAS, Environmental Impact Procedures have been adopted by the City Council of the City of Morro Bay; and WHEREAS, these procedures now require modification as mandated by the State of California; WHEREAS, it is in the best interest of the public that the City Council of the City of Morro Bay adopt these mod- ified procedures and guidelines for processing Environmental Impact Reports: NOW, THEREFORE, BE IT RESOLVED that the City Council does approve and adopt the procedures and guidelines attached hereto; and BE IT FURTHER RESOLVED that the City Attorney, City Administrator, City Planning Department and City Planning Commission are hereby directed and authorized to implement and enforce these procedures subject to appeal to the City Council of the City of Morro Bay by any person or persons aggrieved by decisions or rulings arising from the exercise of this authority; and BE IT FURTHER RESOLVED that Resolution No. 43 -73 is hereby rescinded. On motion by Councilman Jennings and seconded by Councilman Donohoo , the Morro Bay City Council hereby adopts the foregoing proposed resolution in its entirety on the following roll call vote: AYES: Councilmen Donohoo, Jennings, Keiser, McConaghay and Mayor Mitchell NOES: None ABSENT: None ADOPTED: March 11, 1974 ATTEST: M. L. WARDEN, City Clerk D•LE C. MITCHEL , Mayor • OBJECTIVES, CRITERIA, AND PROCEDURES FOR EVALUATION OF PROJECTS AND THE PREPARATION OF ENVIRONMENTAL IMPACT REPORTS FOR THE CITY OF MORRO BAY ARTICLE I. PURPOSE 1001. These objectives, criteria, and procedures have been adopted by the City Council of the City of Morro Bay pursuant to Section 21082 of the Public Resources Code to implement the Calif- ornia Environmental Quality Act of 1970, as amended and as inter- preted by the California judiciary and to be consistent with the Guidelines for Implementation of the California Environmental Quality Act of 1970, as amended December 17, 1973, and adopted by the Resources Agency of California and foundin Division 6, Title 14, of the Administrative Code. 1002. These objectives, criteria, and procedures supercede all previous environmental regulations and rules previously enacted by the City Council. ARTICLE II. SCOPE OF APPLICATION 2001. These objectives, criteria, and procedures apply to any public activities, private activities partly funded by City agencies, or any private projects requiring a lease, permit, license, certi- ficate or other entitlement for use which are under the jurisdiction of the City Council of the City of Morro Bay, except (a) activities which are not projects, as that word is defined herein; (b) emergency projects as set forth in Section VI; and (c) projects which are categorically exempt as listed in Appendix "A" hereto. All City agencies and employees and private persons seeking such approvals or entitlements shall comply with these requirements. 2002. These objectives, criteria, and procedures do not apply to any of the aforementioned activities which are ministerial pro- jects of the City Council of the City of Morro Bay or of any officer, agent or employee of the City of Morro Bay. A listing of ministerial projects is contained in Appendix "A" hereto. ARTICLE III. DEFINITIONS Whenever the following words are used in these Guidelines, unless otherwise defined, they shall have the meaning ascribed to them in this article. These definitions are intended to be consistent with the Guidelines for implementation of the California Environmental Quality Act (CEQA) of 1970 as adopted by the Secretary of Resources of the State of California, February 3, 1973 and are intended to clarify, but not negate, the definitions used in CEQA. 3001. Applicant: A private entity or person applying for a permit or license for a project. 3002. Approval: The decision by the City Council or other City agency which commits the City to a definite course of action in regard to a project intended to be carried out by any person. The date of approval is the date such decision becomes effective under the ordinances or rules of the City. In connection with private activities, approval occurs upon the earliest commitment to issue or issuance by the City Council or other City agency of a contract, binding agreement, lease, permit, license, certificate or other entitlement. • • 3003. Categorical Exemption: An exception from the requirement for the preparation of an environmental impact report for a class of projects based on a finding by the Secretary for Resources, State of California Resources Agency, that the class of projects does not have a significant effect on the environment. Those classes of projects which are categorically exempt will be found in Appendix "A" hereto. 3004. CEQA or ACT - California Environmental Quality Act: CEQA means California Public Resources Code Section 21000 through 21174. 3005. City: The City of Morro Bay, California. 3006. City Agency: Any agency, board or commission which is considered to be a part of or an adjunct to the City of Morro Bay City government. 3007. Contractor: A person with which the City contracts for the preparation of Environmental Impact Reports. 3008. Coordinator (Environmental Coordinator): A person designated by the City Council who makes environmental impact recommendations and manages the review process for environmental impact reports. The Planning Director shall be the Environmental Coordinator. 3009. Council: The City Council of the City of Morro Bay. 3010. Discretionary Project: An activity defined as a project which requires the exercise of judgement, deliberation, or decision on the part of the City Council of any City agency, officer, agent or employee of the City of Morro Bay in approving a particular activity, as distinguished from situations where the public agency or body merely has to determine whether there has been conformity with applicable statutes, ordinances, or regulations. 3011. EIR - Environmental Impact Report: An informational docu- ment which, when its preparation is required under these procedures, shall be considered, by any City agency responsible, for approval of the project to which it related. The purpose of an EIR is to provide detailed information about the effect which a proposed project is likely to have on the environment; to list ways in which any adverse effects of such a project might be minimized; and to suggest alternatives to such a project. (a) A draft EIR is one containing a Description of Project, Description of Environmental Setting, and the Environmental Impact as those topics are described in Article X. (b) A final EIR means an EIR containing the information specified for a draft EIR and, in addition, a section for comments received in the consultative and hearing process and the response to those comments, as provided herein. 3012. EIS - Environmental Impact Statement: An environmental impact report prepared pursuant to the National Environmental Policy Act (NEPA). The Federal Government uses the term EIS in the place of the term EIR which is used in CEQA. 3013. Emergency: A sudden unexpected occurrence demanding immediate action to prevent or mitigate loss or damage to life, health, property, or essential public services. -2- • 3014. Environment: The physical conditions which exist within the area which will be affected by a proposed project including land, air, water, minerals, flora, fauna, ambient noise, and objects of historic or aesthetic significance. 3015. Exemption: An exemption claimed by an applicant urgently needed due to an emergency. 3016. Feasible: Capable of being accomplished in a successful manner by reasonable available, economic, and workable means. 3017. General Fee: A fee levied on applicants and project agencies in cases where negative declaration status is applied for or EIR review is required. The fee is designed to cover costs of environmental administration. See Appendix "E" for fee schedule. 3018. Lead Agency: The agency which has the principal respon- sibility for carrying out or approving a project which may have a significant effect on the environment where more than one public agency is involved with the same underlying activity. Unless other- wise agreed upon between agencies, the City agency, as identified by the City Council, which has the principal responsibility for carrying out or approving a project. 3019. Ministerial Projects: Those activities defined as projects which are undertaken or approved by a governmental decision which a City officer, agency, or employee makes upon a given state of facts in a prescribed manner in obedience to the mandate of legal authority. With these projects, the officer, agency or employee must act upon the given facts without regard to any individual judgement or opinion concerning the propriety or wisdom of the act although the statute, ordinance, or regulation may require, in some degree, a construction of its language by the officer. 3020. Negative Declaration: A statement by the City Council presenting the reasons that the project, although not otherwise exempt, would not have a significant effect on the environment and therefore does not require an EIR. See Appendix "B ", Form B2. 3021. Notice of Completion: A brief report filed with the Sec- retary for Resources as soon as a public agency has completed a draft EIR and is prepared to send out copies for review. See Appendix "F ". 3022. Notice of Determination: A brief notice to be filed by a City agency with the County of San Luis Obispo County Clerk when a final decision is made on a project which is subject to the require- ments of CEQA. See Appendix "F ", Form B2. 3023. Person: Any person, firm, association, organization, partnership, business, trust, corporation, company, district, county, city and county, city, town, the State and any agency or political subdivision of such entities. 3024. Project: The whole of an action, resulting in physical impact on the environment, directly or ultimately, that is any of the following: (a) An activity directly undertaken by any City agency includ- ing but not limited to public works, construction and related activities, clearing or grading of land, improve- ments to existing public structures, enactment and amendment of zoning ordinances, and the adoption of local General Plans or elements thereof. -3-- • (b) An activity undertaken by a person which is supported in whole or in part through public agency contracts, grants, subsidies, loans, or other forms of assistance from one or more public agencies. (c) An activity involving the issuance to a person of a lease, permit, license, certificate, or other entitlement for use by one or more City agencies. Project does not include: (a) Anything specifically exempted by State law. (b) Proposals for legislation to be enacted by the City Council other than Zoning Ordinances or General Plans. (c) Continuing administrative or maintenance activities, such as purchases for supplies, personnel - related actions, emergency repairs to public service facilities, general policy and procedure making, except as they are applied to specific instances covered above, and feasibility or planning studies. (d) The submittal of proposals to a vote of the people of the State or of a particular community. 3025. Significant Effect: A substantial adverse impact on the environment. ARTICLE IV. GENERAL RESPONSIBILITIES 4001. City Council: It is the responsibility of the City Council to insure that all City departments, agencies, and employees comply with the requirements of CEQA and of the Secretary of Resources in accordance with the procedures contained herein. Whether the City prepares an EIR itself or contracts for its preparation, the City is responsible entirely for the adequacy and objectivity of the EIR. 4002. Multi- Agency Projects: Where a project is to be carried out or approved by more than one City agency, only one EIR or Nega- tive Declaration shall be required, and it will be prepared by the Lead Agency designated by the City Council. ARTICLE V. RETROACTIVE APPLICATION 5001. An uncompleted City project approved prior to November 23, 1970, shall not require an EIR or a Negative Declaration unless: (a) A substantial portion of public funds allocated for the project have not been spent, and the project may still be modified to mitigate adverse environmental effects or alternatives may be selected, including the alternative of "no project" or stopping the project. (b) A modification to the planned project is proposed which may produce a new, significant effect on the environment. 5002. A discretionary lease, permit, license, certificate, or other entitlement to use granted before April 5, 1973, for part of a project which requires another or additional discretionary govern- mental approvals after April 5, 1973, requires the preparation of an Environmental Impact Report only if the approval after April 5, -4.- • 1973, involves a greater degree of responsibility and control over the project as a whole. 5003. No environmental redetermination shall be made nor any new EIR ordered or prepared by the City on any project for which an environmental determination was made or an EIR ordered before April 5, 1973. ARTICLE VI. EXCEPTIONS TO CEQA 6001. The following emergency projects are exempt from the requirements of CEQA: (a) Projects undertaken, carried out, or approved by a public agency to maintain, repair, restore, demolish or replace property or facilities damaged or destroyed as a result of disaster in a disaster stricken area in which a state of emergency has been proclaimed by the Governor pursuant to Chapter 7 (commencing with Section 8550) of Division 1, Title 2 of the Government Code. (b) Emergency repairs to public service facilities necessary to maintain service. (c) Projects undertaken as immediate action necessary to prevent or mitigate an emergency. 6002. A project involving only feasibility or planning studies for possible future actions which the City Council or City agency has not approved, adopted, or funded does not require the prepara- tion of an Environmental Impact Report, but does require considera- tion of environmental factors. 7001. Determination of Categorical Exemption: Any project under- taken o to be approved by the City shall first be reviewed by the Coordinato (as defined herein) to determine whether it is categorically or otherwise - empt from the operation of CEQA. Determination shall not be limited to " " or "no" responses to questions, nor shall it be merely conclusions hat there is no environmental effect. It must contain declaratory s.- tements volunteering sufficient information about the purpose and s .•e of the project and the setting in which it will occur to enable th environmental significance to be assessed. If it is determined that it i exempt, it shall be returned to the person or agency submitting it th a statement that it is categorically exempt, and notification of the ex -•..t status shall be published as a legal notice in accordance with legal • otification procedures and made available to the public in the office o he coordinator. Any person desiring to appeal such exempt determinati.• shall file an appeal with the Planning Department within five (5) days • the publication date of such notification. The Planning Commission sha hear such appeal at the first regularly scheduled date of Planning Co sion meeting. In no event shall project approval be considered to h. e been granted until ten days after the publication date of the legal n• ice herein required. Although the Coordinator may determine that a proje is categorically or otherwise exempt from the operation of CEQA, th Planning Commission or City Council may make a different determinat 7002. Initial Review - Non - Exempt Status: If it is determined that the project is not exempt, then the Coordinator shall request -5- • • information sufficient to determine whether or not the project may have a significant effect on the environment. The information shall not be limited to "yes" or "no" responses to questions, nor shall it be merely conclusions that there is no environmental effect. It must contain declaratory statements volunteering sufficient information about the purpose and scope of the project and the setting in which it will occur to enable the environmental significance to be assessed. 7003. Coordinator Recommendations to Planning Commission: The Coordinator shall make a recommendation to the Planning Commission as to whether or not the proposed project may have a significant effect on the environment, and shall set the matter on the Planning Commission's agenda for an environmental determination. If preparation of an Environmental Impact Report (EIR) is recommended, the applicant shall be notified of the date and approximate time of the hearing by the Planning Commission. 7004. Planning Commission Determination - No Significant Environmental Impact: The Planning Commission shall determine whether or not a project may significantly affect the environment. If the Planning Commission finds, based on the information submitted and the evaluation of the Coordinator, that the proposed project will not significantly affect the environment, then a Negative Declaration shall be prepared and made available to the public in the office of the coordinator and the processing of the project shall proceed in the customary manner. A Negative Declaration must include a brief description of the project as proposed, a finding that the project will not have a significant effect on the environment, a brief state- ment indicating who prepared the initial study and where a copy of it may be obtained. The Negative Declaration should normally not exceed one page in length. 7005. Finding of Negative Declaration - Commencement of Project: Any approval given to the Project shall not become effective until the thirty -first day following the filing of the Negative Declaration. Any documents relating to the project, including its listing on any agenda, shall thereafter bear note of the date of filing of the Negative Declaration. 7006. Planning Commission Determination - Significant Environmental Effect: If the Planning Commission determines that a project may have a significant effect on the environment, then it shall order the preparation of an EIR and determine the degree of specificity required in the EIR. 7007. City Projects: These procedures shall be followed on all City projects except that the City Council, instead of the Planning Commission, shall make all necessary determinations under these procedures as to matters which cannot be finally acted upon or denied by the Planning Commission. In the event an EIR is required, the head of the department carrying out the project shall be responsible for preparation of the draft of the EIR which shall be submitted to the Coordinator for review and distribution. 7008. Consideration of Environmental Impact Report Prior to Project Approval: Once an EIR has been ordered for a project, no approval may be given for the project or any portion thereof except after consideration of the EIR. 7009. Waiver of Finding of Significant Effect: Any City agency or applicant may waive the determination as to possible significant effect by the Planning Commission and voluntarily submit a draft or final EIR on the project for which approval is sought. A written waiver shall accompany the application or request for approval. -6- ARTICLE VIII. PREPARATION OF THE ENVIRONMENTAL IMPACT REPORT 8001. Fee for Environmental Impact Report: Based upon the degree of specificity determined by the Planning Commission, estimated costs for the preparation of the EIR will be formulated. If the EIR is to be prepared by contract, an estimate of the cost will be secured from consultants determined by the coordinator to be qualified. Costs estimated for the coordinator's processing shall be included in the required fees. Additional fees beyond the contract amount may be required if additional information is requested by the Planning Commission before the EIR is accepted. 8002. Preparation of the Environmental Impact Report: City may contract for the preparation of an EIR on any project to be carried out by a private person which is partially funded by City agency or requires the issuance of a lease, permit, license, certificate, or other entitlement or use by the City. The applicant shall provide any information required by the Coordinator for preparation of an EIR. 8003. Completion of Draft Environmental Impact Report - Notice: Upon completion of a draft EIR, but prior to distributing copies for review and consultation, the Coordinator shall give notice to the Secretary of the State of California Resources Agency in the form set forth in Appendix "A ". The Coordinator shall also send a notice, accompanied by a copy of the draft EIR, . to any other public agency having jurisdiction over the project in question or having an interest in the project. A copy of the draft EIR shall be available in the Office of the Coordinator. A news release announcing the availability of the draft EIR and inviting public comment shall be mailed to each newspaper, radio station, and television station whithin the County. In addition, the availability of the draft EIR will be advertised as a legal notice in accordance with legal notification procedures. The notice to other public agencies, the press release, and the legal notice shall include the following information for each project: (a) A brief description of the project. (b) The location of the project. (c) The locations where the public may review any draft EIR. (d) The deadline for submission of public comments, which shall not be less than thirty (30) days from the filing of the Notice of Completion with the Secretary of Resources. 8004. Draft Environmental Impact Report - Incorporation of Comments: A summary of written comments shall be prepared by the coordinator and attached to the draft EIR, and the person or agency to carry out the project may prepare a response to the summary, which shall also become a part of the EIR. The response shall describe the disposition of significant environmental issues raised, giving reasons why specific comments and suggestions were not accepted, and list factors of over- riding importance warranting a rejection of the suggestions. 8005. Draft Environmental Impact Report - Hearing: The final EIR shall be forwarded to the initial decision - making entity, which shall consider the contents of the EIR when any decision is made on the project. -7- • • When a project is to proceed through more than one decision - making entity, the EIR may be the subject of public comment as is any other aspect of the project; and at any public hearing, both the EIR and the project must be considered. Summaries of pertinent public comment at any hearing shall be appended to the EIR by the Coordinator, accompanied by any rebuttal provided by a City department or applicant, before the project proceeds to another approving entity. During all stages of project review, the reviewer shall focus on the sufficiency of the EIR in discussing possible impacts on the environment, the ways in which adverse effects might be minimized, and possible alternatives to the project. 8006. Consideration of Draft Environmental Impact Report: During the course of project review, the Planning Commission may, in accordance with these guidelines, impose conditions or alternatives relating to consideration of the EIR or may require that additional information be furnished. 8007. Complete and Adequate Report: At the time of final project approval, the Planning Commission shall consider the completeness and adequacy of the EIR in accordance with these guidelines. A complete EIR involves at least, but is not limited to, seven elements: (a) Impact (b) Unavoidable effects (c) Mitigation effects (d) Alternatives (e) Short term versus long term effects (f) Irreversable changes (g) Growth inducing impact 8008. Planning Commission Action on Environmental Impact Report: If the Planning Commission finds that the Report is adequate and complete, the Planning Commission shall then determine, on the basis of the EIR, the facts presented and these guidelines whether or not, in light of the effects of the project, the project should be: (a) Approved. (b) Denied. (c) Whether or not alternatives or mitigating conditions should be required to mitigate adverse environmental effects. The Planning Commission may take the foregoing action during the course of the project approval; it shall take final action at the time of final project approval. 8009. Appeal to Council: Any action of the Planning Commission in connection with these procedures may be appealed by the applicant, or any other person, to the City Council as provided in Morro Bay Zoning Ordinance Section 5110.11. On appeal, the City Council shall have the power to reverse, affirm, or modify the decision of the Planning Commission; shall have the right to grant or deny the project; and shall have the right to require additional alternative or mitigating conditions to mitigate the environmental impact of the project. 8010. Final Decision: When a final decision is made on a project, the final decision shall be made on the EIR and the Coordinator shall file a Notice of Determination with the County Clerk. This notice shall include the decision on the project, the determination as to whether the project will or will not have a significant effect on the -8- • • environment, and whether an EIR was prepared pursuant to the provisions of CEQA, a copy of any Negative Declaration prepared shall be attached to the Notice of Determination. 8011. Effective Date of Final Approval: Any final approval of the environmental effect of a project, shall not become effective until the thirty -first (31st) day following such final approval 8012. Acceptance of Final Conditions: Any conditions imposed in connection with the consideration of the Environmental Impact Report shall become conditions of final approval of the project and applicant must accept such conditions. No Use Permit, Variance, or other permit shall have any force or effect until a permittee acknowledges receipt of all conditions of a project including those conditions established upon consideration of the EIR and acceptance of all conditions as required under the City of Morro Bay Zoning Ordinance, Section 5110.10. ARTICLE IX. SIMILAR, MULTIPLE, ON- GOING, AND PHASED PROJECTS 9001. A City agency or applicant may employ a single EIR to describe more than one project, if such projects are substantially the same in terms of environmental impact. Also, an EIR prepared for an earlier project may be applied to a subsequent project if the projects are substantially the same. EIRs may be written in advance for entire programs or regulations, in order to prepare for coming project applications. When any of the foregoing alternatives are elected, the decision - making entity must find that the effects of the projects are similar enough to warrant the same treatment in an EIR and that the EIR submitted adequately covers the impact of any single project and comments on the combined effect. If these findings are not made, the EIR must be amended to apply to the particular characteristics of the individual project. 9002. Where one in a series of projects, or one phase of a total project, may not have a significant effect, but the total undertaking may, a single EIR must be prepared for the ultimate project. Where an individual project is precedent to action on a larger project or commits the City or applicant to a larger project, any EIR required must address the scope of the larger project. 9003. Only one EIR or Negative Declaration shall be made for an on -going activity even where the activity involves, at different stages, more than one project, as defined herein. X. CRITERIA FOR EVALUATION OF PROJECTS 10001. If any of the effects of a project may have a substantial adverse impact on the environment, regardless of whether the overall effect of the project is adverse or beneficial, then an environmental impact report must be prepared. 10002. Although there may be a difference of opinion on whether a particular effect should be considered adverse or beneficial, where there is or there is anticipated to be a substantial body of opinion that will consider the effect to be adverse, the public agency should prepare or cause to be prepared an EIR to explore the environmental effects involved. -10- • • 10003. Both primary and secondary consequences of a project shall be considered. Primary consequences are immediately related to the project, while secondary consequences are related more to primary consequences than to the project itself. For example, the construction of a new treatment plant may facilitate population growth as a secondary consequence. 10004. A significant effect on the environment may occur if a project: (a) Is in conflict with environmental plans and goals that have been adopted by the City where the project is to be located; (b) Has a substantial and demonstrable negative aesthetic effect; (c) Substantially affects a rare or endangered species of animal or plant, or habitat of such a species; (d) Causes substantial interference with the movement of any resident or migratory fish or wildlife species; (e) Breaches any published national, state, or local standards relating to solid waste or litter control; (f) Results in a substantial detrimental effect on air or water quality, or on ambient noise levels for adjoining areas; (g) Involves the possibility of contaminating a public water supply system or adversely affecting ground water; (h) Could cause substantial flooding, erosion, or siltation; (i) Is subject to major geologic hazards. 10005. In every case where any of the following conditions are found to exist as a result of a project, the project shall be found to have a significant effect on the environment: (a) Impacts which have the potential to degrade the quality of the environment or curtail the range of the environment. (b) Impacts which achieve short -term, to the disadvantage of long -term, environmental goals. A short -term impact on the environment is one which occurs in a relatively brief, definitive period of time, while long -term impacts will encure well into the future. (c) Impacts for a project which are individually limited, but cumulatively considerable. A project may impact on two or more separate resources where the impact on each resource is relatively small. If the effect of the total of those impacts on the environment is significant, an EIR must be prepared. This mandatory finding of significance does not apply to two or more separate projects where the impact of each is insignificant. (d) The environmental effects of a project will cause sub- stantial adverse effects on human beings, either directly or indirectly. • • ARTICLE XI. CONTENTS OF ENVIRONMENTAL IMPACT REPORTS 11001. Environmental Impact Reports shall contain the information described in the following paragraphs. 11002. Description of project including: (a) The precise location and boundaries of the proposed project shall be shown on a detailed map, preferable topographic. The location of the project shall also appear on a regional map. (b) A statement of the objectives sought by the proposed project. (c) A general description of the project's technical, economic, and environmental characteristics, considering the prin- cipal engineering proposals. 11003. Description of Environmental Setting in the vicinity of the project, as it exists before commencement of the project, from both a local and regional perspective. Knowledge of the regional setting is critical to the assessment of environmental impacts. Special emphasis should be placed on environmental resources that are rare or unique to the region. Specific reference to related projects, both public and private, both existing and planned, in the region should also be included, for the purpose of examining the possible cumulative impact of such projects. 11004. Environmental Impact of all phases of a project: planning, acquisition, development and operation. The following subjects shall be separately discussed: (a) The direct and indirect impact of the project on the environment, giving due consideration to both the short - term and long -term effects. The description should include specifics of the area, the resources involved, physical changes, alterations to ecological systems, and changes induced in population concentration, the human use of the land (including commercial and residen- tial development) and other aspects of the resource base such as water, scenic quality and public services. 11005. Any Adverse Environmental Effects Which Cannot Be Avoided If the Proposal is Implemented should be described, including those which can be reduced to an insignificant level, but not eliminated. Where there are impacts that cannot be alleviated without imposing an alternative design, their implications and the reasons why the project is being proposed, notwithstanding their effect, should be described. Do not neglect impacts on any aesthetically valuable surroundings or on human health. 11006. Mitigation Measures Proposed to Minimize the Impact which are written into the project plan to reduce significant environ- mentally adverse impacts to insignificant levels should be described and the basis for considering these levels acceptable. If a parti- cular mitigation measure has been chosen from among several alter- natives, it should be discussed and reasons given for the choice made. 11007. Alternatives to the Proposed Action include any known alternatives to the project or to the location of the project, which could feasibly attain the basic objectives of the project, and the EIR should explain why they were rejected in favor of the -12- • • ultimate choice. The specific alternative of "no project" must also always be evaluated, along with the impact. Attention should be paid to alternatives capable of substantially reducing or eliminating any environmentally adverse impacts, even if these alternatives substantially impede the attainment of the project objectives and are more costly. 11008. Relationship Between Local Short -Term Uses of Man's Environment and the Maintenance and Enhancement of Long -Term Productivity is a description of the cumulative and long -term effects of the proposed project which adversely affect the state of the environment, paying special attention to impacts which narrow the range of beneficial uses of the environment or pose long -term risks to health or safety. In addition, the reasons why the proposed project is believed by the sponsor to be justified now, rather than reserving an option for further alternatives, should be explained. 11009. Any Irreversible Environmental Changes Which Would Be Involved in the Proposed Action If It Should Be Implemented include uses of non - renewable resources during the initial and continued phases of the project, which may be irreversible because a large commitment of such resource makes removal or non -use thereafter unlikely. Primary impacts and, particularly, secondary impacts, such as a highway improvement which provides access to a non - accessible area, generally commits future generations to similar uses. Also, irreversible damage can result from environmental accidents associated with the projects. Irretrievable commitments of resources should be evaluated to assure that such current consumption is justified. 11010. The Growth - Inducing Impact of the Proposed Action means the ways in which the proposed project could foster economic or population growth, either directly or indirectly, in the surrounding environment. Included in this are projects which would remove obstacles to population growth; for example, a major expansion of a waste water treatment plant might allow for more construction in service areas. Increases in the population may further tax existing community service facilities, so consideration must be given to this impact. Also, discuss the characteristic of some projects which may encourage and facilitate other activities that could significantly affect the environment, either individually or cumula- tively. It must not be assumed that growth in any area is necessarily beneficial, detrimental, or of little significance to the environment. 11011. Other Required Information. The identity of all federal, state or local agencies, other organizations, and private individuals consulted in preparing the EIR and the identity of the persons, firm or agency preparing the EIR, by contract or other authorization must be given. If water quality aspects of the proposed project have been pre- viously certified by the appropriate state or inter -state organiza- tion as being in substantial compliance with applicable water quality standards, reference to the certification should be made. -13- • • APPENDIX "A" CATEGORICAL EXEMPTIONS and'Related Exemptions from Environmental Impact Report Requirements The following classes of projects have no significant impact on the environment. No further environmental impact determination is needed for these projects. NOTE: Classes 1 through 12 are qualified by considerations of •where the project is to be located - a project that is ordinarily insignificant in its impact on the environment may in a particularly sensitive environment be significant. Therefore, these classes are considered to apply in all instances, EXCEPT where the project may impact on an environmental resource, or hazard of critical concern as may be hereafter designated, precisely mapped, and officially adopted pursuant to law. Moreover, all exemptions for these classes are inapplicable when the cumulative impact of successive projects of the same type in the same place, over time is significant - for example, annual additions to an existing building under Class 1. CLASS 1: EXISTING FACILITIES Operation, repair, maintenance, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographic features, including the following: (a) Interior or exterior alterations involving interior parti- tions, plumbing, and electrical conveyances, and similar alterations. (b) Existing facilities of both investor, and publicly owned utilities used to convey or distribute electric power, natural gas, sewage, etc. (c) Existing highways and streets within already established rights -of -way sidewalks, gutters, resurfacing, bicycle and pedestrian trails, and similar facilities. (d) Restoration or rehabilitation of deteriorated or damaged structures, facilities or mechanical equipment to meet current standards of public health and safety, unless it is determined that the damage was substantial and resulted from an environ- mental hazard such as earthquake, landslide or flood. (e) Additions to existing structures provided that the addition will not result in an increase of more than 50 percent of the floor area of the structure before the addition or alteration, or 2500 square feet, whichever is less. (f) Addition of safety or health protection devices for use during construction of or in conjunction with existing structures, facilities or mechanical equipment, or topographical features (including navigational devices). (g) New copy on existing on and off premises signs. (h) Maintenance of existing landscaping, native growth and water supply reservoirs (excluding the use of economic poisons, as defined in Division 7, Chapter 2, California Agricultural Code.) -14- • • APPENDIX "A" (i) Maintenance of fish screens, fish ladders, wildlife habitat areas, artificial wildlife waterway devices, streamflows, springs and waterholes, and stream channels (clearing of debris) to protect fish and wildlife resources. (j) Division of existing multiple family rental units into condo- miniums. (k) Demolition and removal of buildings and related structures except where they are of historical, archaeological or archi- tectural consequence as officially designated by Federal, State or local governmental action. (1) Fish stocking by California Department of Fish and Game. CLASS 2: REPLACEMENT OR RECONSTRUCTION Class 2 consists of replacement or reconstruction of existing facilities where the new structure will be located on the same site as the structure replaced and will have substantially the same purpose and capacity as the structure replaced, including but not limited to: (a) Replacement or reconstruction of existing schools and hospitals to provide earthquake resistant structures which do not increase capacity more than 50 %. (b) Replacement of a commercial structure on the same site with a new structure of substantially the same size and purpose. CLASS 3: NEW CONSTRUCTION Class 3 consists of construction and location of single, new, small facilities or structures and installation of small, new equipment and facilities including but not limited to: (a) Single family residences not in conjunction with the building of two or more such units. (b) Motels, apartments, and duplexes designed for not more than four dwelling units if not in conjunction with the building of two or more such structures. (c) Stores, offices, and restaurants if designed for an occupant load of 20 persons or less, if not in conjunction with the building of two or more such structures. (d) Water main, sewage, electrical, gas and other utility extensions of reasonable length and size to serve such construction. (e) Accessory (appurtenant) structures including garages, carports, patios, swimming pools and fences. CLASS 4: MINOR ALTERATIONS TO LAND Class 4 consists of minor public or private alterations in the condition of land, water and vegetation which do not involve removal of mature, scenic trees except for forestry or agricultural purposes. Examples including but not limited to: -15- • • (a) Grading on land with a slope of less than 10 percent, except where it is to be located in a waterway, in any wetland, in an officially designated (by Federal, State or local governmental action) scenic area, or in officially mapped areas of severe geologic hazard. (b) New gardening or landscaping. (c) Filling of earth, except for sanitary landfill, into previously excavated land with material compatible with the natural features of the site. (d) Minor alterations in land, water and vegetation on existing officially designated wildlife management areas or fish pro- duction facilities which result in improvement of habitat for fish and wildlife resources or greater fish production. (e) Minor temporary uses of land having negligible or no permanent effects on the environment, including carnivals, sales of Christmas trees, etc. (f) Minor trenching and backfilling where the surface is restored. CLASS 5: ALTERATIONS IN LAND USE LIMITATIONS Class 5 consists of minor alterations in land use limitations, except zoning, including but not limited to: (a) Minor lot line adjustments, side yard and setback variances not resulting in the creation of any new parcel nor in any change in land use or density. (b) Issuance of minor encroachment permits. CLASS 6: INFORMATION COLLECTION Basic data collection, research, experimental management and resource evaluation activities which do not result in a serious or major dis- turbance to an environmental resource. These may be for strictly information gathering purposes, or as part of a study leading to an action which a public agency has not yet approved, adopted or funded. CLASS 7: REGULATORY ACTIONS FOR PROTECTION OF NATURAL RESOURCES Actions taken by regulatory agencies, as authorized by State law or local ordinance, to assure the maintenance, restoration or enhancement, of a natural resource where the regulatory process involves procedures for protection of the environment. Examples include but are not limited to wildlife, preservation activities of the State Department of Fish and Game. Construction activities are not included in this exemption. CLASS 8: SECTIONS BY REGULATORY AGENCIES FOR PROTECTION OF THE ENVIRONMENT Class 8 consists of actions taken by regulatory agencies, as authorized by state or local ordinance, to assure the maintenance, restoration, enhancement, or protection of the environment where the regulatory process involves procedures for protection of the environment. Construction activities are not included in this exemption. -16- 1 • • CLASS 9: INSPECTIONS Activities limited entirely to inspection, to check for performance of an operation, or quality, health or safety of a project, including related activities such as inspection for possible mislabeling, mis- representation or adulteration of products. CLASS 10: LOANS Class 10 consists of loans made by the Department of Veterans Affairs under the Veterans Farm and Home Purchase Act of 1943, mortgages for the purchase of existing structures where the loan will not be used for new construction and the purchase of such mortgages by financial institutions. Class 10 includes but is not limited to the following examples: (a) Loans made by the Department of Veterans Affairs under the Veterans Farm and Home Purchase Act of 1943. (b) Purchases of mortgages from banks and mortgage companies by the Public Employees Retirement System and by the State Teachers Retirement System. CLASS 11: ACCESSORY STRUCTURES Class 11 consists of construction or placement of minor structures accessory to (appurtenant to) existing commercial, industrial, or institutional facilities, including: (a) On- premise Signs. (b) Small parking lots. CLASS 12: SURPLUS GOVERNMENT PROPERTY SALES Class 12 consists of sales of surplus government property except for parcels of land located in an area of statewide interest or potential area of critical concern as identified in the Governor's Environmental Goals and Policy Report of June 1, 1973. RELATION TO MINISTERIAL PROJECTS Section 21080 of the Public Resources Code as added by Chapter 1154, Statutes of 1972, exempts all ministerial projects and activities of public agencies from application of the CEQA. The matter of what is or is not a ministerial project is up to the determination of each public agency, based on an examination of the applicable laws and ordinances. Thus, while the Categorical Exemptions listed in this subsection contain classes or examples of projects which in many cases will be ministerial, the inclusion of them is in no way intended to imply any finding here that, in any particular jurisdiction, they are ministerial or discretionary. The exemptions, naturally, only apply where the project in question is found to be discretionary. EXCEPTION BY LOCATION Class 3, 4, 5, 6, and 11 are qualified by consideration of where the project is to be located -- a project that is ordinarily insignificant in its impact on the environment may in a particularly sensitive environment be significant. Therefore, these classes are considered to apply in all instances, EXCEPT where the project may impact on an environmental resource of hazardous or critical concern as may be hereafter designated, precisely mapped, and officially adopted pursuant to law by federal, state or local agencies. Moreover, all exemptions for these classes are inapplicable when the cumulative impact of successive projects of the same type in the same type in the same place, over time is significant -- for example annual additions to an existing building under Class 1. -17- • RESOLUTION NO. 21 -74 RESOLUTION REQUESTING THE BOARD OF SUPERVISORS OF SAN LUIS OBISPO COUNTY TO PROVIDE FOR THE CONSOLIDATION OF A SPECIAL MUNICIPAL BOND ELECTION WITH THE STATE OF CALIFORNIA DIRECT PRIMARY ELECTION TO BE HELD ON JUNE 4, 1974 T H E C I T Y C O U N C I L City of Morro Bay, California WHEREAS, the City Council (hereinafter sometimes called the "Council ") of the City of Morro Bay (hereinafter called the "City ") in San Luis Obispo County (hereinafter called the "County "), State of California, has heretofore duly adopted an ordinance calling a special municipal bond election in the City to be held on Tuesday, June 4, 1974, at which will be submitted to the qualified electors of the City a measure for incurring a bonded indebtedness of the City as hereinafter set forth; and WHEREAS, a State of California Direct Primary Election will be held on Tuesday, June 4, 1974, and it is the desire of the Council that said special municipal bond election be consolidated with said Direct Primary Election. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay as follows: Section 1. Said special municipal bond election shall be held on Tuesday, June 4, 1974, at which election shall be sub- mitted to the qualified electors of the City the following measure, to wit: MEASURE: Shall the City of Morro Bay Wastewater incur a bonded indebtedness Reclamation in the principal amount of Facilities) $450,000 for the acquisition, construction and completion of the following municipal improvement, to wit: Wastewater reclamation facilities, comprising a filtration and reclamation system for effluent wastewater consisting of an equalization tank, filtration facilities, an effluent pump station, force mains, surge control facilities, aeration facilities, irrigation facilities, a storage reservoir, spray disposal facilities and a flocculation- sedimentation basin, together with necessary pipes, pumps, filters, machinery, control equipment and lands therefor; and other works, property or structures necessary or con- venient for wastewater reclamation facilities for the City of Morro Bay? Section 2. The Board of Supervisors of the County is hereby requested to order the consolidation of said special municipal bond election with said Direct Primary Election to be held on Tuesday,June 4, 1974, insofar as the City is concerned, and to further provide that within the territory affected by said order of consolidation, to wit, the City, the election precincts, polling places and voting booths shall in every case be the same, and there shall be only one set of election officers in each of said • Resolution No. 21 -74 Page Two precincts. Said measure for incurring bonded indebtedness herein - above set forth shall be set forth in each form of ballot to be used at said election insofar as the same is held within the City. The Board of Supervisors of the County is further requested to order the County Clerk of the County (i) to set forth on all sample ballots relating to said consolidated elections, to be mailed to the qualified electors of the City, said measure hereinabove set forth, and to mail with said sample ballots to said electors printed copies of arguments (if any) for and against said measure, and a copy of the tax rate statement, and (ii) to provide absent voter ballots for said Direct. Primary Election and said special municipal bond election consolidated therewith for use by qualified electors of the City who are entitled thereto, in the manner provided by law. Section 3. The Board of Supervisors of the County is hereby further authorized to canvass, or cause to be canvassed, as provided by law, the returns of said special municipal bond election with respect to the votes cast on said measure and to certify such canvass of the votes cast for and against said measure to the Council. Section 4. The City Clerk is hereby authorized and directed to certify to the due adoption of this resolution and to transmit a copy hereof so certified to the Board of Supervisors of the County and to file a copy hereof so certified with the County Clerk of the County. On motion by Councilman Jennings and seconded by Councilman Donohoo , the City Council of the City of Morro Bay hereby adopts the foregoing proposed resolution in its entirety on the following roll call vote: AYES: Councilman Donohoo, Jennings, Keiser, McConaghay and Mayor Mitchell NOES: None ABSENT: None ADOPTED: March 11, 1974 ATTEST: A F *de, E C. M ITC , Mayor • RESOLUTION NO. 20 -74 RESOLUTION APPROVING GRANT OF USE PERMIT TO MORRO BAY FIRE FIGHTERS I.A.F.F. LOCAL 1855 T H E C I T Y C O U N C I L City of Morro Bay, California The following resolution is hereby proposed: RESOLVED that that certain document entitled "Use Permit Agreement" between the City of Morro Bay and the Morro Bay Fire Fighters I.A.F.F. Local 1855, a copy of which is attached hereto, is hereby approved by the Morro Bay City Council; and BE IT FURTHER RESOLVED that the Mayor and City • Clerk be and are hereby authorized to sign said Agree- ment for and on behalf of the City of Morro Bay. On motion by Councilman Donohoo and seconded by Councilman Jennings , the Morro Bay City Council hereby adopts the foregoing proposed resolution in its entirety on the following roll call vote: AYES: Councilmen Donohoo, Jennings, Keiser, McConaghay and Mayor Mitchell NOES: None ABSENT: None ADOPTED: February 25, 1974 ATTEST: Z . WARDEN, City Clerk D fi LE C. MITC L, Mayor • • RESOLUTION NO. 19 -74 RESOLUTION APPROVING GRANT OF USE PERMIT TO KIWANIS CLUB OF MORRO BAY-ESTERO FOR EASTER SUNRISE SERVICES T H E C I T Y C O U N C I L City of Morro Bay, California WHEREAS, the Kiwanis Club of Morro Bay- Estero annually sponsors an interdenominational Easter Sunrise Service; and WHEREAS, said Kiwanis Club has requested the use of certain City property in the vicinity of Morro Rock to conduct said services; NOW, THEREFORE, BE IT RESOLVED that the Morro Bay City Council does hereby approve the aforementioned use and the Mayor and City Clerk are hereby authorized and directed to execute a Use Permit Agreement by and between the City of Morro Bay and the Kiwanis Club of Morro Bay - Estero, a copy of which is attached hereto. On motion by Councilman Donohoo and seconded by Councilman Jennings , the City Council of the City of Morro Bay hereby adopts the foregoing resolution in its entirety on the following roll call vote: AYES: Councilmen Donohoo, Jennings, Keiser, McConaghay and Mayor Mitchell NOES: None ABSENT: None ADOPTED: February 25, 1974 ATTEST: 0 ;T --yor DA C. MITCH , Mayor M. L. WARDEN, City Clerk • • RESOLUTION NO. 18 -74 RESOLUTION DETERMINING THAT THE PUBLIC INTEREST AND NECESSITY DEMAND THE ACQUISITION, CONSTRUCTION AND COMPLETION BY THE CITY OF MORRO BAY OF THE FOLLOWING MUNICIPAL IMPROVEMENT, TO %WIT: WASTEWATER RECLAMATION FACILITIES: AND THAT THE COST OF SAID MUNICIPAL IMPROVEMENT WILL REQUIRE AN EXPENDITURE GREATER THAN THE AMOUNT ALLOWED THEREFOR BY THE ANNUAL TAX LEVY T H E C I T Y C O U N C I L City of Morro Bay, California BE IT RESOLVED by the City Council of the City of Morro Bay, as follows: 1. That the public interest and necessity demand the acquisition, construction and completion by the City of Morro Bay of the following municipal improvement, to wit: Wastewater reclamation facilities, comprising a filtration and reclamation system for effluent wastewater' consisting of an equalization tank, filtration facilities, an effluent pump station, force mains, surge control facilities, aeration facilities, irriga- tion facilities, a storage reservoir, spray dis- posal facilities and a flocculation- sedimentation basin, together with necessary pipes, pumps, filters, machinery, control equipment and lands therefor; and other works, property or structures necessary or convenient for wastewater reclamation facilities for the City of Morro Bay. 2. That the acquisition, construction and completion of said municipal improvement is necessary and convenient to carry out the objects, purposes and powers of the City of Morro Bay. 3. That the cost of the acquisition, construction and completion of said municipal improvement is and will be too great to be paid out of the ordinary annual income and revenue of the City of Morro Bay, and that said municipal improvement will require • • RESOLUTION NO. 18 -74 PAGE TWO an expenditure greater than the amount allowed therefor by the annual tax levy and that the City of Morro Bay should incur a bonded indebtedness therefor. On motion by Councilman Jennings and seconded by Councilman Donohoo, the Morro Bay City Council hereby adopts in its entirety the foregoing proposed resolution, on the following roll call vote: AYES: Councilmen Donohoo, Jennings, Keiser, McConaghay and Mayor Mitchell NOES: None ABSENT: None ADOPTED: February 25, 1974 ATTEST: M. L. WARDEN, City Clerk DALE C. MITCHEL�yor • • RESOLUTION NO. 17 -74 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, CALIFORNIA, ORDERING THE CANVASS OF THE GENERAL MUNICIPAL ELECTION TO BE HELD ON THE 5TH DAY OF MARCH, 1974, TO BE MADE BY THE CITY CLERK OF THE CITY OF MORRO BAY T H E C I T Y C O U N C I L City of Morro Bay, California WHEREAS, a regular general municipal election will be held and conducted in the City of Morro Bay, County of San Luis Obispo, State of California, on Tuesday, the 5th day of March, 1974, as required by law; and WHEREAS, the City Council of said City desires the canvass of said election to be made by the City Clerk of said City; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay, as follows: SECTION 1. That pursuant to Section 22932.5 of the Elections Code of the State of California, the canvass of the regular general municipal election to be held in the City of Morro Bay, County of San Luis Obispo, State of California, on Tuesday, the 5th day of March, 1974, is hereby ordered to be made by the City Clerk of the City of Morro Bay. SECTION 2. That the City Clerk of said City shall prior to the 12th day of March, 1974, complete the canvass of the regular general municipal election to be held in said City on the 5th day of March, 1974, and shall certify the results to this said City Council on the 12th day of March, 1974. SECTION 3. 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 the meeting at which the same is passed and adopted. SECTION 4. That this Resolution shall take effect immediately. On motion by Councilman Jennings and seconded by Councilman Donohoo , the Morro Bay City Council hereby adopts the foregoing proposed resolution in its entirety on the following roll call vote: AYES: Councilmen Donohoo, Jennings, Keiser, McConaghay and Mayor Mitchell NOES: None ABSENT: None ADOPTED: February 25, 1974 ATTEST: M. L. WARDEN, City Clerk A.& , Mayor C. MITCH Mayor .4 • • RESOLUTION NO. 16 -74 RESOLUTION ACCEPTING RECOMMENDATION OF THE CITY PLANNING COMMISSION AND ADOPTING THE OPEN SPACE AND CONSERVATION ELEMENT OF THE CITY GENERAL PLAN T H E C I T Y C O U N C I L ' City of Morro Bay, California WHEREAS, the Planning Commission of the City of Morro Bay did, on January 7, 1974, conduct a public hearing to consider the adoption of the Open Space and Conservation Element of the City General Plan in conformance with Section 65351 of the Government Code of the State of California; and WHEREAS, said Planning Commission did, by Planning Commission Resolution No. 1 -74, adopt said Open Space and Con- servation Element and did further recommend that the City Council formally adopt said Open Space and Conservation Element as a portion` of the General Plan for the City of Morro Bay; and WHEREAS, the Morro Bay City Council has held public hearings on January 29, 1974, February 11, 1974, and February 25, 1974, as required by Section 65355 of the Government Code of the State of California, at which hearing any person desiring to be heard to express their views for or against or in modification of said proposed Open Space and Conservation Element was so heard and their testimony considered; the following resolution is hereby proposed: RESOLVED that the Morro Bay City Council does hereby adopt the Open Space and Conservation Element of the General Plan in conformance with Section 65355 of the Government Code of the State of California. On motion by Councilman Donohoo and seconded by Councilman Jennings, the Morro Bay City Council hereby adopts in its entirety the foregoing proposed resolution, on the following roll call vote: • • • RESOLUTION NO. 16 -74 PAGE TWO AYES: NOES: Councilmen Donohoo, Jennings, Keiser, McConaghay and Mayor Mitchell None ABSENT: None ADOPTED: February 25, 1974 LEA e aO DALE, C. MITCH L , Mayor ATTEST: M. L. WARDEN, City Clerk • • RESOLUTION NO. 15 -74 RESOLUTION AWARDING FIRE AND ALLIED PERILS INSURANCE COVERAGE T H E C I T Y C O U N C I L City of Morro Bay, California The following resolution is hereby proposed: WHEREAS, the City of Morro Bay has solicited quotations for Fire and Allied Perils Insurance; and WHEREAS, Morro Bay Insurance Center has submitted the lowest quotation consistent with the requirements of the city; NOW, THEREFORE, BE IT RESOLVED that the City of Morro Bay liability insurance coverage for the period March 18, 1974 to March 18, 1977 be awarded to Morro Bay Insurance Center, Morro Bay, California. On motion by Councilman Jennings and seconded by Councilman McConaghay , the Morro Bay City Council hereby adopts the foregoing proposed resolution in its entirety on the following roll call vote: AYES: Councilmen Donohoo, Jennings, Keiser, McConaghay and Mayor Mitchell NOES: None ABSENT: None ADOPTED: February 11, 1974 0 a1i e D E C. MITC L, Mayor ATTEST: WARDEN, City clerk • • RESOLUTION NO. 14 -74 RESOLUTION APPROVING GRANT OF USE PERMIT AGREEMENT TO THE COMMITTEE TO ELECT ROBERT DUNN AND THE COMMITTEE TO ELECT GENE SHELTON T H E C I T Y C O U N C I L City of Morro Bay, California The following resolution is hereby proposed: RESOLVED that that certain document entitled "Use Permit Agreement" between the City of Morro Bay and the Committee to elect Robert Dunn and the Committee to ' elect Gene Shelton, a copy of which is attached hereto, is hereby approved by the Morro Bay City Council; and BE IT FURTHER RESOLVED that the Mayor and City Clerk be and are hereby authorized to sign said Agree- ment for and on behalf of the City of Morro Bay. On motion by Councilman Jennings and seconded by Councilman Donohoo , the Morro Bay City Council hereby adopts the foregoing proposed resolution in its entirety on the following roll call vote: AYES: Councilmen Donohoo, Jennings, Keiser, McConaghay and Mayor Mitchell NOES: None ABSENT: None ADOPTED: February 11, 1974 A ALE C. MITCHELL, Mayor ATTEST: M. L. WARDEN, City Clerk SIN RESOLUTION NO. 13 -74 RESOLUTION ADOPTING A BUDGET CALENDAR 1974 -75 FISCAL YEAR T H E C I T Y C O U N C I L City of Morro Bay, California The following resolution is hereby proposed: RESOLVED that the Morro Bay City Council will meet in regular and special sessions to consider the matter of adopting a budget for the fiscal year 1974 -75 on the dates, or within the periods, as set forth on the attached "Budget Calendar" marked Exhibit "A "; and BE IT FURTHER RESOLVED that the aforementioned "Budget Calendar" may be amended as to the dates as circumstances require by giving notice of such change in the time and manner as prescribed by law. On motion by Councilman Jennings and seconded by Councilman Donohoo , the Morro Bay City Council hereby adopts the foregoing proposed resolution in its entirety on the following roll call vote: AYES: Councilmen Donohoo, Jennings, Keiser, McConaghay and Mayor Mitchell NOES: None ABSENT: None ADOPTED: February 11, 1974 ATTEST: .. • M. . WARDEN, City Clerk E C . MITC;HELL , Mai • CITY OF MORRO BAY BUDGET CALENDAR 1974 -75 FISCAL YEAR Period April 22 April 22 May 13 -June 3 June 10 June 24 June 28 July 15 -31 August 12 Submit estimates of assessed valuations and revenues for next fiscal year Submit preliminary budget for Council consideration. Set dates for budget conferences. City Council budget study conferences Pre- adoption public hearing for final budget Adopt final budget and appropriation resolution Complete duplication of final budget Receive certification of assessed valuations Adopt tax levy If a meeting is to be held on any date not scheduled as a regular meeting date, said meeting will be held on the date and at the time as specified by public notice. EXHIBIT "A" RESOLUTION NO. r5..-;y • • RESOLUTION NO. 12 -74 RESOLUTION REQUESTING THE BOARD OF SUPERVISORS TO ESTABLISH A ZONE OF THE SAN LUIS OBISPO COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT FOR THE IMPLEMENTATION OF THE NACIMIENTO WATER PROJECT AND REQUESTING THAT THE CITY OF MORRO BAY BE INCLUDED IN SAID ZONE T H E C I T Y C O U N C I L City of Morro Bay, California WHEREAS, San Luis Obispo County is proceeding with the steps to implement the Nacimiento Water Project; and WHEREAS, the City Council of the City of Morro Bay has previously supported implementation of this project; and WHEREAS, it is necessary to establish the formation of a zone for the implementation of the project. NOW, THEREFORE, BE IT RESOLVED that the Morro Bay City Council does hereby request that the San Luis Obispo County Board of Supervisors establish a zone of the San Luis Obispo County Flood Control and Water Conservation District for the implementation of the Nacimiento Water Project; and BE IT FURTHER RESOLVED that the Morro Bay City Council does hereby request that the City of Morro Bay be included in said zone. On motion by Councilman Donohoo and seconded by Councilman Jennings , the Morro Bay City Council hereby adopts the foregoing proposed resolution in its entirety on the following roll call vote: AYES: Councilmen Donohoo, Jennings, Keiser, McConaghay and Mayor Mitche; NOES: None ABSENT: None ADOPTED: February 11, 1974 ATTEST: teA,Th M. L. WARDEN, C C. MITCH L, Mayor -`" • • RESOLUTION NO. 11 -74 RESOLUTION IDENTIFYING THE BUILDING PERMIT SYSTEM AND REVIEW PROCEDURE WITH REGARD TO MUDSLIDE -PRONE AREAS T H E C I T Y C O U N C I L City of Morro Bay, California WHEREAS, the Federal Flood Insurance Act of 1968 establishes procedures for identifying mudslide -prone areas and requires the establishment of review procedures for all buildings within such areas; and WHEREAS, the Federal Flood Insurance Act requires these procedures in order to qualify for immediate assistance in obtaining Flood Insurance; and WHEREAS, these procedures may be modified upon completion of the required Federal studies; and WHEREAS, qualifying for Federal Flood Insurance is in the best interest of the general public and requires immediate action due to the requirements of Federal emergency legislation; and WHEREAS, the City of Morro Bay has adopted and is enforcing the Uniform Building Code and Chapter 1, Title V of the Morro Bay Municipal Code entitled "Zoning Ordinance "; and WHEREAS, Section 4200, Chapter 1, Title V of the Morro Bay Municipal Code prohibits any person, firm or corporation from erecting, constructing, enlarging, altering, repairing, improving, moving or demolishing any building or structure without first obtaining a separate building permit for each building structure from the Building Department; and WHEREAS, the Building Department must examine all plans and specifications for the proposed construction when application is made to them for a building permit: NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay as follows: 1. That the Morro Bay Building Department shall require the issuance of a permit for any excavation, grading, fill, or construction in the community; and 2. That the Morro Bay Building Department shall require review of each permit application to determine whether the proposed site and improvements will be reasonably safe from mudslides. If a proposed site and improvements are in a location that may have mudslide hazards, a further review must be made by persons qualified in geology and soils engineering; and the proposed new construction, substantial improvement, or grading must (i) be adequately protected against mudslide damage and (ii) not aggravate the existing hazard. • • Resolution No. 11 -74 Page Two On motion by Councilman Donohoo and seconded by Councilman Jennings , the Morro Bay City Council hereby adopts the fore- going resolution in its entirety on the following roll call vote: AYES: Councilmen Donohoo, Jennings, Keiser, McConaghay and Mayor Mitchell NOES: None ABSENT: None ADOPTED: January 28, 1974 ATTEST: WARDEN, City Clerk D /Qr MITCfiELL; "MaybrG" • 1 RESOLUTION NO. 10 -74 RESOLUTION AMENDING RESOLUTION NO. 48 -73 TO DELETE REFERENCE TO THE SOUTH BAY FIRE DEPARTMENT T H E C I T Y C O U N C I L City of Morro Bay, California WHEREAS, Resolution No. 48 -73 makes reference to the South Bay Fire Department; and WHEREAS, due to reorganization of the Fire District, the correct reference should be to the County of San Luis Obispo acting on behalf of County Service Area 9; and WHEREAS, Resolution No. 48 -73 makes reference to an attached agreement entitled "Agreement for Mutual Fire Protection Aid "; and WHEREAS, the terminology should properly be "Contract" in lieu of "Agreement'.'. NOW, THEREFORE, BE IT RESOLVED that Resolution No. 48 -73 is hereby amended to refer to the County of San Luis Obispo and County Service Area 9 and that the term "Agreeement" is changed to read "Contract ". BE IT FURTHER RESOLVED that the Mayor and the City Clerk be and are hereby authorized to sign the contract between the City of Morro Bay and the County of San Luis Obispo, acting in behalf of County Service Area 9. On motion by Councilman Jennings and seconded by Councilman Donohoo the City Council of the City of Morro Bay hereby adopts in its entirety the foregoing proposed resolution on the following roll call vote: AYES: Councilmen Donohoo, Jennings, Keiser, McConaghay and Mayor Mitchell NOES: None ABSENT: None ADOPTED: January 28, 1974 ATTEST: WARDEN, City Clerk e /paw DALE C. MITCH L , Mayor • • RESOLUTION NO. 9 -74 RESOLUTION APPROVING LOW BID FOR AN ELECTRONIC ACCOUNTING SYSTEM T H E C I T Y C O U N C I L City of Morro Bay, California WHEREAS, Burroughs Corporation has submitted the low bid for supplying an electronic accounting system for the City of Morro Bay in conformance with the bid requirements for Bid No. 1 -74. NOW, THEREFORE, BE IT RESOLVED that the Morro Bay City Council does hereby accept the low bid for an electronic accounting system as submitted by Burroughs Corporation, 705 E. Main, Santa Maria, Cali- fornia. On motion by Councilman Donohoo and seconded by Councilman Jennings , the Morro Bay City Council hereby adopts in its entirety the foregoing proposed resolution on the following roll call vote: AYES: Councilmen Donohoo, Jennings, Keiser, McConaghay and Mayor Mitchell NOES: None ABSENT: None ADOPTED: January 28, 1974 ATTEST: WARDEN, City Cler D E C. MITCn L, May/ • APPLICATION TO PURCHASE The City of Morro Bay agrees to purchase the follow- ing described property at the minimum bid price and agrees, in addition, to pay the redemption fees and the cost of advertising. The property is described as follows: Code 6 -02 Parcel 65- 085 -14 Code 6 -02 Parcel 65- 191 -42 Code 6 -02 Parcel 66- 186 -16 This agreement is entered into this 15th day of January, 1974,at the City of Morro Bay, California. ATTEST: M. L. WARDEN, City Clerk DALE C. MITCH L , Mayor • • RESOLUTION NO. 8 -74 RESOLUTION OF INTENTION TO PURCHASE TAX DEEDED PROPERTY AND AGREEMENT TO PURCHASE T H E C I T Y C O U N C I L City of Morro Bay, California WHEREAS, the City of Morro Bay wishes to acquire certain tax deeded property; and WHEREAS, it is necessary to establish such intention by resolution and submit an agreement for purchase: NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Morro Bay objects to the sale of the following tax deeded property: Code 6 -02 Parcel 65- 085 -14 Code 6 -02 Parcel 65- 191 -42 Code 6 -02 Parcel 66- 186 7,16 BE IT FURTHER RESOLVED that the City of Morro Bay hereby agrees to purchase and the Mayor and City Clerk are hereby authorized to execute an agreement to purchase the above described property for the minimum bid price; redemption fees; and costs of advertising. On motion by Councilman Donohoo and seconded by Councilman Jennings , the Morro Bay City Council hereby adopts the foregoing proposed resolution in its entirety on the following roll call vote: AYES: Councilmen Donohoo, Jennings, Keiser, McConaghay and Mayor Mitchell NOES: None ABSENT: None ADOPTED: January 14, 1974 ATTEST: . WARDEN, City Clerk DALE C. MITCHL, allor h RESOLUTION NO. 74 RESOLUTION SUPPORTING ASSEMBLY BILL 594 OF THE CALIFORNIA LEGISLATURE FOR THE 1973 -74 REGULAR SESSION AND ANY OTHER SIMILAR LEGISLATION RELATING TO BEVERAGE CONTAINERS T H E C I T Y C O U N C I L City of Morro Bay, California WHEREAS, it has been amply demonstrated that the disposal of nonreturnable or throwaway beverage containers is producing a sub- stantial adverse effect upon the environment, particularly the beaches, parks, and highways, which is injurious to the health, safety and welfare of the residents of the entire State of California; and WHEREAS, nonreturnable or throwaway beverage containers also substantially add to the problem of solid waste disposal in com- munities throughout the State of California; and WHEREAS, it is extremely difficult to solve the problems created by the disposal of said beverage containers either at the local level or through existing laws banning littering; and WHEREAS, as found in the State of Oregon in 1972, said problems must be dealt with on at least the state level through legislation directed toward eliminating the sale of beverages in nonrefundable containers and encouraging the return of said containers to the manufacturers; and WHEREAS, several bills in the past years which addressed them- selves to said problems unfortunately have been defeated in the Legislature of the State of California; and WHEREAS, Assembly Bill 594 has been introduced to the Legisla- ture of the State of California for the 1973 -74 Regular Session; and WHEREAS, Assembly Bill 594 as of April 12, 1973, in substance requires specified beverage containers sold or offered for sale in the State of California to have specified refund values; requires dealers, distributors, and manufacturers to accept, and pay deposit on, such specified containers; requires container labeling or other marking to facilitate the return of such containers; and provides for enforcement by the Department of Alcoholic Beverage Control; and WHEREAS, said Assembly Bill 594 appears to be reasonably cal- culated to solve some of the major problems resulting from the sale of nonreturnable beverage containers. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay as follows: Section 1. The Senate and the Assembly of the State of Cali- fornia hereby are urged to enact Assembly Bill 594 and any other legislation which will help to eliminate the environmental blight created by nonreturnable beverage containers. Section 2. The Senate and the Assembly of the State of Cali- fornia hereby are urged to promote, encourage, and support research by the beverage and container industries in the field of biodegradable containers and the recycling of containers. Resolution No. 7 -74 Page Two Section 3. The City Clerk is directed to transmit a certified copy of this resolution to Assemblyman Robert P. Nimmo; to Senator Donald L. Grunsky; and to Assemblyman Julian Dixon, who introduced Assembly Bill 594. On motion by Councilman Jennings and seconded by Mayor, Mitchell , the Morro - Bay- e± ty- eonnc ± ±- hereby-adopts- the-foregoing proposed resolution M FAILED.c :: ,L., on the following roll call vote: AYES: Councilman Jennings and Mayor Mitchell NOES: Councilmen Donohoo, Keiser, and McConaghay ABSENT: None ADOPTED: ATTEST: M. L. WARDEN, City Clerk DALE C. MITCHELL, Mayor • • RESOLUTION NO. 6 -74 RESOLUTION APPROVING BID' FOR ANNUAL` CHLORINE" PURCHASE T H E C I T Y C O U N C I L City of Morro Bay, California WHEREAS, the Director of Public Works has recommended the acceptance of the bid submitted by Coastal Ag -Chem for supplying chlorine for the period February 1, 1974 through January 31, 1975, in conformance with the bid requirements dated December 5, 1973, Bid No. 6 -73: NOW, THEREFORE, BE IT RESOLVED that the Morro Bay City Council does hereby accept the bid for chlorine as submitted by Coastal Ag -Chem, P. 0. Box 775, Paso Robles, California. On motion by Councilman Donohoo and seconded by Councilman Jennings , the Morro Bay City Council hereby adopts in its entirety the foregoing proposed resolution on the following roll call vote: AYES: Councilmen Donohoo, Jennings, Keiser, McConaghay and Mayor Mitchell NOES: None ABSENT: None ADOPTED: January 14, 1974 ATTEST: . WARDEN, Ci. Clerk Ct DALE C. MITCHELL RESOLUTION NO. 5 -74 RESOLUTION OF INTENTION TO ABANDON PORTIONS OF CERTAIN CITY STREETS AND SETTING DATE FOR HEARING T H E C I T Y C O U N C I L City of Morro Bay, California RESOLVED that the City Council of the City of Morro Bay intends to vacate, pursuant to the Street Vacation Act of 1941, portions of Spencer Drive and Norwich Avenue, as shown on the Map marked Exhibit 'A' which is attached hereto and, by reference, made a part hereof; and BE IT FURTHER RESOLVED that the Morro Bay City Council will hold a public hearing on Monday, February 11, 1974, at 7:30 P.M. in the Morro Bay Recreation Hall, Morro Bay, California, to consider the matter of vacation of such streets, and at the time of said public hearing any person interested in or objecting to said abandonment may appear and express their views for or against the proposed street abandonments; and BE IT FURTHER RESOLVED that the City Clerk be and is hereby directed to cause a "Notice of Public Hearing" to be published one (1) time in a newspaper of local circulation within fifteen (15) days from the date of adoption of this resolution and to post notices of street vacation along the line of said streets at intervals of three hundred (300) feet or less, at least ten (10) days before the date set for hearing. On motion made by Councilman Jennings and seconded by Councilman Donohoo , the City Council of the City of Morro Bay hereby adopts the foregoing proposed resolution in its entirety on the following roll call vote: • Resolution No. 5 -74 Page Two AYES: Councilmen Donohoo, Jennings, Keiser, McConaghay and Mayor Mitchell NOES: None ABSENT: None ADOPTED: January 14, 1974 ATTEST: DALE C. MITCH� ig Mayor . WARDEN, City Clerk RESOLUTION NO. 4 -74 RESOLUTION SETTING DATE AND TIME FOR PUBLIC HEARING ON ADOPTION OF OPEN SPACE AND CONSERVATION ELEMENT TO THE COMPREHENSIVE GENERAL PLAN ' T H E C I T Y C O U N C I L City of Morro Bay, California WHEREAS, the Government Code of the State of California specifies procedures to be followed in the adoption of a General Plan or any part or element thereof; and WHEREAS, the City Planning Commission held a public hearing on the adoption of the Open Space and Conservation Element to the Comprehensive General Plan on January 7, 1974; and WHEREAS, it is in the best interest of the City of Morro Bay that a public hearing be scheduled for the consideration of the Open Space and Conservation Element to the Comprehensive General Plan to expedite certain work being done by agencies of the Federal Government. NOW, THEREFORE, BE IT RESOLVED that the Morro Bay City Council will hold a public hearing on January 28, 1974, and at such public hearing consideration will be given to the adoption of said Open Space and Conservation Element by the City Council in conformance with Section 65355 of the Government Code of the State of California; and BE IT FURTHER RESOLVED that the City Clerk be and is hereby authorized and directed to publish a Notice of Public Hearing in a newspaper of general circulation one (1) time at least ten (10) calendar days before the City Council hearing. On motion by Councilman Donohoo and seconded by Councilman Jennings , the Morro Bay City Council hereby adopts the foregoing proposed resolution in its entirety on the following roll call vote: AYES: Councilmen Donohoo, Jennings, Keiser, McConaghay and Mayor Mitchell NOES: None ABSENT: None ADOPTED: January 14, 1974 ATTEST: M. L WARDEN, City 'Clerk Otle- 2 4e D LE C. MITCHELL, ayo yor RESOLUTION NO. 3 -74 RESOLUTION APPROVING GRANT OF USE PERMIT AGREEMENT TO MORRO BAY ART ASSOCIATION T H E C I T Y C O U N C I L City of Morro Bay, California The following resolution is hereby proposed: RESOLVED that that certain document entitled "Use Permit Agreement" between the City of Morro Bay and the Morro Bay Art Association, a copy of which is attached hereto, is hereby approved by the Morro Bay City Council; and BE IT FURTHER RESOLVED that the Mayor and City Clerk be and are hereby authorized to sign said Agree- ment for and on behalf of the City of Morro Bay. On motion by Councilman Jennings and seconded by Councilman Keiser , the Morro Bay City Council hereby adopts the foregoing proposed resolution in its entirety on the following roll call vote: AYES: Councilmen Donohoo, Jennings, Keiser, McConaghay and Mayor Mitchell NOES: None ABSENT: None ADOPTED: January 14, 1974 ATTEST: /4' -,i ARDEN, City Clerk 1Ciait y), ft I- DALE C. MITCHELL, ,mayor 3. • RESOLUTION NO. 2 -74 RESOLUTION ACCEPTING WORK AND GIVING NOTICE OF COMPLETION FOR TRICKLING FILTER MODIFICATIONS T H E C I T Y C O U N C I L City of Morro Bay, California WHEREAS, the Morro Bay City Council did, on April 9, 1973, award a contract for trickling filter modifications to Conco General Engineering Contractors; and WHEREAS, the Director of Public Works has certified that said work has been completed in accordance with the provisions of the contract. NOW, THEREFORE, BE IT RESOLVED that said work is accepted as completed on the 31st day of December, 1973 and the City Clerk is hereby directed to file a notice of completion in the office of the recorder of the County of San Luis Obispo. On motion by Councilman Jennings and seconded by Councilman Donohoo , the Morro Bay City Council hereby adopts the foregoing resolution in its entirety on the following roll call vote: AYES: Councilmen Donohoo, Jennings, Keiser, McConaghay and Mayor Mitchell NOES: None ABSENT: None ADOPTED: January 14, 1974 ATTEST: L. WARDEN, C ty Clerk D LE C. MIT HE L, Mayor ' CERTIFICATION OF COMPLETION The undersigned hereby certifies that the work of trickling filter modifications by Conco General Engineering Contractors has been inspected and has been found to comply with the approved plans and specifications. It is therefore recommended that the work be accepted by the Morro Bay City Council as completed and that the City Clerk be authorized to file a Notice of Completion. DATED: January 7, 1974 D. M. STUART Director of Public Works City of Morro Bay, California • NOTICE OF COMPLETION TO WHOM IT MAY CONCERN: NOTICE IS HEREBY GIVEN by the undersigned City Clerk of the City of Morro Bay, San Luis Obispo County, California, that the work of trickling filter modifications has been completed by Conco General Engineering Contractors and said work was accepted as completed on December 31, 1973, by the Morro Bay City Council by the adoption of Resolution No. 2 -74 dated January 14, 1974. M. L' l'WARDEN , City Clerk City of Morro Bay, California The undersigned hereby deposes and says: That he is the City Clerk of the City of Morro Bay, San Luis Obispo County, California; that he has read the foregoing notice and knows the contents thereof; that the same is true of his own knowledge. I declare the foregoing to be true under penalty of perjury. Executed at Morro Bay, California, this 16thday of January, 1974 M. L. WARDEN, City Clerk RESOLUTION NO. 1 -74 RESOLUTION ACCEPTING WORK AND GIVING NOTICE OF COMPLETION FOR APPLICATION OF BITUMINOUS SEAL COAT ON VARIOUS CITY STREETS (SELECT SYSTEM PROJECT NO.54) T H E C I T Y C O U N C I L City of Morro Bay, California WHEREAS, the Morro Bay City Council did, on October 29, 1973, award a contract for the application of bituminous seal coat on various city streets to Harold D. Peterson; and WHEREAS, the Director of Public Works has certified that said work has been completed in accordance with the provisions of the contract. NOW, THEREFORE, BE IT RESOLVED that said work is accepted as completed on the 10th day of December, 1973 and the City Clerk is hereby directed to file a notice of completion in the office of the recorder of the County of San Luis Obispo. On motion by Councilman Donohoo and seconded by Councilman Keiser , the Morro Bay City Council hereby adopts the foregoing resolution in its entirety on the following roll call vote: AYES: Councilmen Donohoo, Jennings, Keiser, McConaghay and Mayor Mitchell NOES: None ABSENT: None ADOPTED: January 14, 1974 ATTEST: 1// RDEN, City Clerk Lkeof Mayor • CERTIFICATION OF COMPLETION The undersigned hereby certifies that the work of ' application of bituminous seal coat to various city streets, Select System Project No. 54, by Harold D. Peterson has been inspected and has been found to comply with the approved plans and specifications. It is therefore recommended that the work be accepted by the Morro Bay City Council as completed• and that the City Clerk be authorized to file a Notice of Completion. DATED: January 3, 1974 ✓t � 77 4 D. M. STUART Director of Public Works City of Morro Bay, California NOTICE OF COMPLETION TO WHOM IT MAY CONCERN: NOTICE IS HEREBY GIVEN by the undersigned City Clerk of the City of Morro Bay, San Luis Obispo County, California, that the work of application of bituminous seal coat to various city streets, Select System Project No. 54, has been completed by Harold D. Peterson and said work was accepted as completed on December 10, 1973, by the Morro Bay City Council by the adoption of Resolution No. 1 -74 dated January 14, 1974. Gt-ti M. L. /WARDEN, City Clerk City of Morro Bay, California The undersigned hereby deposes and says: That he is the City Clerk of the City of Morro Bay, San Luis Obispo County, California; that he has read the foregoing notice and knows the contents thereof; that the same is true of his own knowledge. I declare the foregoing to be true under penalty of perjury. Executed at Morro Bay, California, this 16th day of January, 1974. fi WfRDEN, City Clerk