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1976 RESOLUTIONS - INDEX
RES. NO. TITLE DATE ADOPTED
1-76 RESOLUTION APPROVING AMENDMENT TO LEASE
WITH MARY C. BATTEIGER FOR LEASE SITES
NO. 51 AND 51W 1 1-12-76
2-76 RESOLUTION OF INTENTION TO VACATE WILLIAMS
BROTHERS ALLEY AND SETTING DATE FOR HEARING 1-12-76
3-76 RESOLUTION APPROVING GRANT OF USE PERMIT
AGREEMENT TO MORRO BAY ART ASSOCIATION 1-12-76
4-76 RESOLUTION COMMENDING MR. LEE A. BALATTI 1-26-76
5-76 RESOLUTION APPROVING AGREEMENT WITH ROBERT M.
ASHURST FOR CITY WELL 10A 1-26-76
6-76 RESOLUTION CONCERNING ELECTION CANVASS AT A
CENTRAL PLACE 2- 2-76
7-76 RESOLUTION AND ORDER ABANDONING WILLIAMS
BROTHERS ALLEY 2- 9-76
8-76 RESOLUTION ADOPTING A BUDGET CALENDAR 1976-77
FISCAL YEAR 2-23-76
9-76 RESOLUTION OF INTENTION TO PURCHASE TAX
DEEDED PROPERTY AND AGREEMENT TO PURCHASE 2- 9-76
10-76 RESOLUTION OF NECESSITY FOR QUIET TITLE ACTION
CITY OF MORRO BAY, SAN LUIS OBISPO COUNTY,
CALIFORNIA 2- 9-76
11-76 RESOLUTION APPROVING GRANT OF USE PERMIT TO
KIWANIS CLUB OF MORRO BAY-ESTERO FOR EASTER
SUNRISE SERVICES 2-23-76
12-76 RESOLUTION REQUESTING INSTALLATION OF TRAFFIC
SIGNAL AT THE INTERSECTION OF STATE HIGHWAY #1
AND SAN JACINTO STREET 2-23-76
13-76 RESOLUTION AND ORDER OF COMPLAINT TO THE
FEDERAL COMMUNICATIONS COMMISSION 2-23-76
14-76 RESOLUTION APPROVING ASSIGNMENT OF LEASE SITES
NO. 71, 72, 71W & 72W FROM JOHN J. KIRTH AND
GISELA G. KIRTH TO DALE C. MITCHELL AND KAY K.
MITCHELL 2-23-76
15-76 RESOLUTION APPROVING AMENDMENT TO LEASE WITH
DALE C. AND KAY K. MITCHELL FOR LEASE SITES
NO. 71, 72, 71W AND 72W 2-23-76
16-76 RESOLUTION ORDERING THE CANVASS OF THE
GENERAL MUNICIPAL ELECTION TO BE HELD ON THE
2ND DAY OF MARCH, 1976, TO BE MADE BY THE CITY
CLERK OF THE CITY OF MORRO BAY 2-23-76
17-76 RESOLUTION APPROVING GRANT OF USE PERMIT AGREE-
MENT TO DEPARTMENT OF THE AIR FORCE, CAMBRIA 3-08-76
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1976 RESOLUTIONS - INDEX
RES. NO. TITLE DATE ADOPTED
18-76 RESOLUTION OF INTENTION TO VACATE A
PUBLIC UTILITY EASEMENT IN BLOCK 8B,
ATASCADERO BEACH AND SETTING DATE FOR
HEARING 3-8-76
19-76 RESOLUTION AND ORDER ACCEPTING STREET
RIGHT-OF-WAY AND DIRECTING RECORDATION
ESTERO BAY UNITED METHODIST CHURCH AND
PAUL H. MOORE AND MARGUERITE D. MOORE 3-8-76
20-76 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 2ND DAY OF MARCH, 1976,
AND DECLARING THE RESULT THEREOF AND SUCH
OTHER MATTERS AS ARE PROVIDED BY LAW 3-9-76
21-76
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 8TH DAY OF
JUNE, 1976, FOR THE ELECTION OF A MEMBER
OF THE CITY COUNCIL OF SAID CITY AS RE-
QUIRED BY THE PROVISIONS OF THE LAWS OF
THE STATE OF CALIFORNIA RELATING TO
GENERAL LAW CITIES AND CONSOLIDATING SAID
ELECTION WITH THE STATE-WIDE PRIMARY
ELECTION TO BE HELD ON SAID DATE
3-16-76
22-76
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF MORRO BAY, CALIFORNIA, 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 JUNE 8, 1976, WITH THE
STATEWIDE PRIMARY ELECTION TO BE HELD ON
JUNE 8, 1976., PURSUANT TO SECTION 23302
'_OF:.THE_'iELEGTIONS CODE " r ..._., -i
3-16-76
23-76
RESOLUTION AUTHORIZING GRANTING OF LEASE
TO REG WHIBLEY, EDWARD J. STRASSER AND
ARTHUR R. FRY FOR LEASE SITES NO. 52
AND 52W (MB3)
3-22-76
24-76
RESOLUTION APPROVING AMENDMENT TO LEASE
WITH SHIRLEY L. RICHEY FOR LEASE SITES
NO. 96 AND 96W
3-22-76
25-76 RESOLUTION APPROVING GRANT OF USE PERMIT
TO MORRO BAY FIREFIGHTERS I.A.F.F. LOCAL
1855 4-12-76
26-76 RESOLUTION AND ORDER ABANDONING A PUBLIC
UTILITY EASEMENT IN BLOCK 8B „ATASCADERO
BEACH 4-12-76
27-76 RESOLUTION COMMENDING THE MORRO BAY HIGH
SCHOOL PIRATES BASKETBALL TEAM 4-26-76
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RES. NO.
1976RESOLUTIONS - INDEX
TITLE
DATE -ADOPTED
28-76 RESOLUTION APPROVING AGREEMENT WITH THE
DEPARTMENT OF TRANSPORTATION FOR THE
INSTALLATION OF A TRAFFIC CONTROL SIGNAL
SYSTEM AND SAFETY LIGHTING AT THE INTERSEC-
TION OF SAN JACINTO AND STATE HIGHWAY ROUTE 001 4-26-76
29-76 RESOLUTION APPROVING SUBMISSION OF CITY OF MORRO
BAY ANNUAL TRANSPORTATION CLAIM PURSUANT TO THE
STATE OF CALIFORNIA TRANSPORTATION DEVELOPMENT
ACT OF 1971 4-26-76
30-76 RESOLUTION AUTHORIZING CHANGES IN PERMITTED USES
ON LEASE SITES NO..71,72,71W,&72W - MITCHELL 5-10-76
31-76 RESOLUTION APPROVING ASSIGNMENT OF LEASE SITES
NO. 37W FROM FRANCIS N. MACRI,'BEVERLY H. MACRI,
AND MICHAEL D. RADON TO PAUL K. MEYER AND ALFRED
T. MEYER 5-10-76
32-76 RESOLUTION ADOPTING THE FIA FLOODHAZARD BOUNDARY
MAP 5-10-76
33-76
RESOLUTION APPROVING RENEWAL OF UNITED STATES
COAST GUARD LEASE #DOT-CG12-4020 FOR THE
PERIOD
JULY 1, 1976 THROUGH SEPTEMBER 30, 1976
6-14-76
34-76
RESOLUTION APPROVING RENEWAL OF UNITED STATES
COAST GUARD LEASE #DOT-CG12-4532 FOR THE
PERIOD
JULY 1, 1976 THROUGH SEPTEMBER 30, 1976
6-14-76
35-76
RESOLUTION APPROVING GRANT OF USE PERMIT
AGREE-
MENT 115 TO MORRO DUNES TRAILER PARK AND
CAMP-
GROUND, INC.
6-14-76
36-76
RESOLUTION APPROVING GRANT OF USE PERMIT
AGREE-
MENT 120 TO MORRO DUNES TRAILER PARK AND
CAMP-
GROUND, INC.
6-14-76
37-76
RESOLUTION APPROVING GRANT OF USE PERMIT
AGREE-
MENT TO MORRO BAY CHAMBER OF COMMERCE
6-14-76
38-76 RESOLUTION APPROVING AMENDMENT OF LEASE WITH
BREBES MORRO BAY FISHERIES, INC. FOR LEASE SITES
NO. 110W, 111W AND 112W 6-14-76
39-76 RESOLUTION ACCEPTING WORK AND GIVING NOTICE OF
COMPLETION FOR REPAINTING EXTERIORS OF TWO ELENA
STREET WATER STORAGE TANKS AND ONE NUTMEG AVENUE
WATER STORAGE TANK - JOB NO. PW75-013-36 6-14-76
40-76 RESOLUTION ACCEPTING WORK AND GIVING NOTICE OF
COMPLETION FOR CONSTRUCTION AND INSTALLATION OF
JOB NO. PW75-009-33 STREET RESURFACING PROJECT 6-14-76
41-76 RESOLUTION CALLING FOR A CONTRACT WITH THE CALI-
FORNIA HIGHWAY PATROL FOR ABANDONED VEHICLE
ABATEMENT PARTICIPATION 6-14-76
42-76 RESOLUTION CONFIRMING CANVASS OF SPECIAL MUNI-
CIPAL ELECTION 6-28-76
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RES. NO.
1976 RE50LUTIONS"^'INDEX
TITLE
DATE ADOPTED
43-76 RESOLUTION APPROVING COMPREHENSIVE EMPLOYMENT
AND TRAINING ACT OF 1973 WORK SITE AGREEMENT WITH
THE COUNTY OF SAN LUIS OBISPO 6-28-76
44-76 RESOLUTION APPROVING AGREEMENT FOR ANNUAL AUDIT
FOR THE FISCAL YEAR ENDING JUNE 30, 1976 6-28-76
45-76 RESOLUTION AUTHORIZING GRANTING OF LEASE TO WAYNE
E. AND NORMA BICKFORD FOR LEASE SITE NO. 150 6-28-76
46-76
RESOLUTION REQUESTING THE STATE OF CALIFORNIA
DEPARTMENT OF FINANCE, OFFICE OF POPULATION
RESEARCH TO PREPARE A POPULATION ESTIMATE FOR THE
CITY OF MORRO BAY
7-12-76
47-76
RESOLUTION ACCEPTING WORK AND GIVING NOTICE OF
COMPLETION TRAFFICE LINE STRIPING PROJECT NO.
PW75-008-33
7-12-76
48-76
RESOLUTION APPROVING GRANT OF USE PERMIT AGREE-
MENT TO FRIENDS OF ROANDOAK
7-12-76
49-76
RESOLUTION APPROVING AGREEMENT WITH MORRO BAY
CHAMBER OF COMMERCE FISCAL YEAR 1976-77
7-12-76
50-76
RESOLUTION APPROVING AND ADOPTING AN INTERIM
BUDGET FOR THE FISCAL YEAR 1975-77
7-12-76
51-76 RESOLUTION DIRECTING THAT THE UNPAID CHARGES FOR
WEED ABATEMENT BE FORWARDED TO THE COUNTY AUDITOR
FOR INCLUSION ON THE 1976-77 TAX ROLLS 8-9-76
52-76 RESOLUTION APPROVING AGREEMENT WITH SAN LUIS
OBISPO COUNTY HOTLINE, INC. 8-9-76
53-76 RESOLUTION APPROVING AGREEMENT WITH MORRO BAY
SENIOR CITIZENS, INC. 8-9-76
54-76 RESOLUTION APPROVING AND ADOPTING A BUDGET FOR
THE FISCAL YEAR 1976-77 8-9-76
55-76 RESOLUTION APPROVING SUBMISSION OF CITY OF MORRO
BAY ANNUAL TRANSPORTATION CLAIM'PURUSANT TO THE
STATE OF CALIFORNIA TRANSPORTATION DEVELOPMENT
ACT OF 1971 8-9-76
56-76 RESOLUTION APPROVING WORK STUDY PROGRAM AGREEMENT
BETWEEN SAN LUIS OBISPO COUNTY COMMUNITY COLLEGE
DISTRICT AND THE CITY OF MORRO BAY 8-23-76
57-76 RESOLUTION SETTING THE TAX RATES AND APPORTION-
MENTS FOR THE FISCAL YEAR 1976-77 8-23-76
58-76 RESOLUTION ESTABLISHING SALARY RANGES AND STEPS
FOR EMPLOYEE CLASSIFICATIONS, DESCRIBING METHODS
OF ADVANCEMENT AND SUPERSEDING PREVIOUS SALARY
RESOLUTIONS IN CONFLICT 8-23-76
59-76 RESOLUTION APPROVING GRANT OF USE PERMIT TO MORRO
BAY FIRE FIGHTERS MUSTER COMMITTEE 8-23-76
1976 RESOLUTIONS - INDEX
RES.' NO. TITLE DATE ADOPTED
60-76 VOID
61-76 RESOLUTION APPROVING SUBLEASE ON LEASE SITE NO.
136 9-13-76
62-76 RESOLUTION ACCEPTING WORK AND GIVING NOTICE OF
COMPLETION FOR CONSTRUCTION OF KEISER PARK
BARBECUE FACILITY, PROJECT NO. PW75-028-38RS 9-13-76
63-76 RESOLUTION COMMENDING FRED R. DONOHOO 9-13-76
64-76 RESOLUTION APPROVING SUBLEASE ON LEASE SITE NO.
150, BICKFORD 9-27-76
65-76 RESOLUTION APPROVING SUBLEASE ON LEASE SITE NO.
113W, MOORES 9-27-76
66-76 RESOLUTION APPROVING SUBLEASE ON LEASE SITES NO.
124-127, 124W-127W, MOORES 9-27-76
67-76 RESOLUTION APPROVING SUBLEASE ON LEASE SITES NO.
128 AND 128W, MOORES 9-27-76
68-76 RESOLUTION APPROVING RENEWAL OF UNITED STATES
COAST GUARD LEASE #DOT-CG12-4020 FOR THE PERIOD
OCTOBER 1, 1976 THROUGH SEPTEMBER 30, 1977 9-27-76
69-76 RESOLUTION APPROVING RENEWAL OF UNITED STATES
COAST GUARD LEASE #DOT-CG12-4532 FOR THE PERIOD
OCTOBER 1, 1976 THROUGH SEPTEMBER 30, 1977 9-27-76
70-76 RESOLUTION APPROVING AMENDMENT TO LEASE WITH
RALPH RUSE FOR LEASE SITES NO. 122, 123, 122W
AND 123W 9-27-76
71-76 RESOLUTION APPROVING AMENDMENT TO LEASE WITH RALPH
RUSE FOR THE EXTENSION OF LEASE SITES NO. 122W
AND 123W 9-27-76
72-76 RESOLUTION ACCEPTING RECOMMENDATION OF THE CITY
PLANNING COMMISSION AND ADOPTING THE PARK AND
RECREATION ELEMENT OF THE CITY GENERAL PLAN 9-27-76
73-76 RESOLUTION ACCEPTING RECOMMENDATION OF THE CITY
PLANNING COMMISSION AND ADOPTING THE SAFETY
ELEMENT OF THE CITY GENERAL PLAN 9-27-76
74-76 RESOLUTION ACCEPTING RECOMMENDATION OF THE CITY
PLANNING COMMISSION AND ADOPTING THE NOISE ELEMENT
OF THE CITY GENERAL PLAN 9-27-76
75-76 RESOLUTION ACCEPTING DEED FROM THE COUNTY OF
SAN LUIS OBISPO
76-76 RESOLUTION ADOPTING A CONFLICT OF INTEREST CODE
APPLICABLE TO THE MEMBERS OF THE CITY COUNCIL
PURSUANT TO THE POLITICAL REFORM ACT OF 1974
9-27-76
9-27-76
1976 RESOLUTIONS -� INDEX
RES.NO, TITLE DATE ADOPTED
77-76 RESOLUTION APPROVING THE APPLICATION FOR 1974
STATE BOND GRANT MONEYS FOR THE MORRO BAY
COMMUNITY PARK PROJECT 9=27-76
78-76 RESOLUTION AUTHORIZING DESTRUCTION OF CITY
RECORDS 9-27-76
79-76 RESOLUTION AUTHORIZING AND DIRECTING THE CITY
ADMINISTRATOR TO EXECUTE JOINT POWERS AGREEMENT
WITH THE MONTEREY BAY AREA TRAINING CENTER 10-11-76
80-76 RESOLUTION GRANTING A USE PERMIT AGREEMENT TO
MORRO BAY CHAMBER OF COMMERCE FOR VARIOUS
ROCK-O-RAMA ACTIVITIES 11-8-76
81-76 RESOLUTION SETTING FEES FOR BINGO GAMES AS
PERMITTED UNDER ORDINANCE NO. 150 11-8-76
82-76 VOID
83-76 RESOLUTION OF INTENTION TO VACATE A PORTION
OF EASEMENT NO. 133 ACROSS LOT 1, BLOCK 20,
MORRO DEL MAR SUBDIVISION NO. 2 12-27-76
84-76 RESOLUTION OPPOSING THE LOCATION OF A PROPOSED
SUPERTANKER PORT AND RELATED FACILITIES IN THE
SAN LUIS OBISPO COUNTY AREA 12-27-76
85-76 RESOLUTION AUTHORIZING GRANTING OF LEASE TO
MORRO BAY YACHT CLUB FOR LEASE SITES NO. 5, 6,
AND 7 12-27-76
86-76 RESOLUTION AUTHORIZING GRANTING OF LEASE TO
MORRO BAY YACHT CLUB FOR MOORING ZONE Al-3 12-27-76
0
RESOLUTION NO. 86-76
RESOLUTION AUTHORIZING GRANTING OF LEASE
TO MORRO BAY YACHT CLUB FOR MOORING ZONE Al-3
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 negotiated with
the Morro Bay Yacht Club regarding the leasing of Mooring
Zone Al-3; and
WHEREAS, it is in the public interest that a lease
be granted to the Morro Bay Yacht Club for said Mooring
Zone Al-3 for the purposes, terms and upon payment of
rentals as specified in said lease; and
WHEREAS, the original of said lease is on file in
the office of the City Clerk of this City.
NOW, THEREFORE, BE IT RESOLVED that consent is hereby
given by the City Council of the City of Morro Bay to the
execution of said lease with the Morro Bay Yacht Club con-
cerning Mooring Zone Al-3; and
BE IT FURTHER RESOLVED that the Mayor and City Clerk
be and are hereby directed to sign said lease on behalf
of the City of Morro Bay.
On motion by Councilman Brown and seconded by
Councilman Rowland , the Morro Bay City Council hereby
adopts in its entirety the foregoing proposed resolution
on the following roll call vote:
AYES: Councilmen Brown, Pipitone, Rowland, Shelton and
Mayor Mitchell
NOES: None
ABSENT: None
ADOPTED: December 27, 1976
DALE C. MITCHELL, Mayor
ATTEST:
MA K
. . WARDEN, City Clerk
0
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RESOLUTION NO. 85-76
RESOLUTION AUTHORIZING GRANTING OF LEASE TO
MORRO BAY YACHT CLUB FOR LEASE SITES NO. 5, 6, AND 7
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 negotiated with
the Morro Bay Yacht Club regarding the leasing of Lease
Sites No. 5, 6, and 7; and
WHEREAS, it is in the public interest that a lease
be granted to the Morro Bay Yacht Club for said Lease
Sites No. 5, 6, and 7 for the purposes, terms and upon
payment of rentals as specified in said lease; and
WHEREAS, the original of said lease is on file in
the office of the City Clerk of this City.
NOW, THEREFORE, BE IT RESOLVED that consent is hereby
given by the City Council of the City of Morro Bay to the
execution of said lease with the Morro Bay Yacht Club con-
cerning Lease Sites No. 5, 6, and 7; and
BE IT FURTHER RESOLVED that the Mayor and City Clerk
be and are hereby directed to sign said lease on behalf
of the City of Morro Bay.
On motion by Councilman Brown and seconded by
Councilman Shelton , the Morro Bay City Council hereby
adopts in its entirety the foregoing proposed resolution
on the following roll call vote:
AYES: Councilmen Brown, Pipitone, Rowland, Shelton and
Mayor Mitchell
NOES: None
ABSENT: None
ADOPTED: December 27, 1976
DALE C. MITCH L , Mayor
ATTEST:
M. B. WARDEN, City Cle c
RESOLUTION NO. 84-76
RESOLUTION OPPOSING THE LOCATION OF A
PROPOSED SUPERTANKER PORT AND RELATED FACILITIES
IN THE SAN LUIS OBISPO COUNTY AREA
T H E C I T Y C O U N C I L
µ.
City of Morro Bay, California
WHEREAS, various sites for locating a supertanker port and
related facilities are being considered along the California Coast;
and
WHEREAS, consideration is being given to sites located within
San Luis Obispo and Northern Santa Barbara Counties; and
WHEREAS, the environmental quality and economic structures of
the San Luis Obispo and Northern Santa Barbara County areas could
be drastically altered by such installation; and
WHEREAS, the character of the San Luis Obispo and Northern
Santa Barbara County area is primarily rural in nature and still
retains a relatively unspoiled environment.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City
of Morro Bay as follows:
1. The City of Morro Bay opposes the location of a supertanker
port off the coast of San Luis Obispo County and Northern Santa
Barbara County in the areas of Avila Beach, Estero Bay, Osos Flaco
Lake, Guadalupe Dunes, or any other location which would adversely
affect the environmental quality and which would drastically alter
the economy of the area.
2. The City Council further opposes the location of a consoli-
dated supertanker port/LNG terminal/gassification plant as proposed
by Santa Barbara County in the Guadalupe;: Dunes area.
BE IT FURTHER RESOLVED that the City Council of the City of
Morro Bay urges the Governor, the State Legislature, the State Air
Resources Board, the State Energy Commission, the California Coastal
Commission, the State Department of Parks and Beaches, and other
related State agencies to take positive actions to block any plans
Resolution No, 84-76
Page Two
to establish such facilities in this coastal area.
BE IT FURTHER RESOLVED that the City Council of the City of
Morro Bay requests Assemblywoman Carol Hallettand State Senator
Robert Nimmo to use their offices to the maximum extent possible in
taking State action to prevent such facilities from being located
in this coastal area.
BE IT FURTHER RESOLVED that the City Clerk of the City of
Morro Bay is directed to furnish copies of this Resolution to:
The Governor of the State of California
State Air Resources Board
State Energy Commission
California Coastal Commission
State Department of Parks &.•.Beaches
Assemblywoman Carol Hallett
State Senator Robert Nimmo
County Board of Supervisors of San,Luis Obispo
County Board of Supervisors of Santa Barbara
City of Arroyo Grande
City of Grover City
City of Guadalupe
City of Lompoc
City of Pismo Beach
City of Santa Maria
City of San Luis Obispo
On motion made by Councilman Shelton and seconded by Council-
man 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, Pipitone,
Mitchell
NOES: None
ABSENT: None
ADOPTED: December 27, 1976
ATTEST:
M. L WARDEN, City Clerk
Rowland, Shelton and Mayor
zom
DALE C. MITC ELL, Mayor
0
RESOLUTION NO. 83-76
RESOLUTION OF INTENTION TO VACATE
A PORTION OF EASEMENT NO. 133.
ACROSS LOT 1, BLOCK 20, MORRO
DEL MAR SUBDIVISION NO. 2
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 a portion of Easement No. 133 across Lot 1,
Block 20, Morro Del Mar Subdivision No. 2, said easement having
been recorded March 11, 1955 in Book 794, Page 523, Official
Records, County of San Luis Obispo, pursuant to Government Code
Section 50430 - vacation of easement - et seq. Said utility
easement is described on Exhibit "A" attached hereto and by this
reference made a part hereof. For further particulars as to the
proposed vacation, reference is made to a map on file in the
office of the City Clerk of the City of Morro Bay.
BE IT FURTHER RESOLVED that the Morro Bay City Council will
hold a public hearing on Monday, January 10, 1977 at 7:30 p.m.
in the Morro Bay Recreation Hall, Morro Bay, California, to consider
the matter of vacation of such easement 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 abandonment; and
BE IT FURTHER RESOLVED that the City Clerk be directed to cause
a notice of public hearing to be published once each week in the
Sun -Bulletin, a newspaper of general circulation, for two successive
weeks prior to hearing and to post notice of intention to vacate said
easement along said easement at intervals of 300 feet or less, at
least ten days before the date set for said hearing.
On motion made by Councilman Brown 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, Pipitone, Rowland, Shelton and Mayor
Mitchell
NOES: None
ABSENT: None
ADOPTED: December 27, 1976
DALE C. MI C ELL, Mayor
ATTEST:
LX
U Y . WARDEN, City C k
RESOLUTION NO. 82-76
RESOLUTION APPROVING GRANT OF USE PERMIT
TO MORRO BAY FIREMENS 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 Firemens Association,' a copy of which is
attached hereto, for the purpose of selling Christmas
Trees in the Teen Center Parking lot 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_Qf Morro Bay.
On motion by Councilman ( seconded by
Councilman the Morro ay Ci y Council
hereby adopts the foregoing pro sect solution in its
entirety on the following roll ca 1 vote:
AYES:
.NOES:
ABSENT:
ADOPTED:
DALE C. MITCHELL, Mayor
ATTEST:
M. L. WARDEN, City CLer
6
1 USE PERMIT AGREEMENT
2
3 The City of Morro Bay, a municipal corporation of the
4 State ofiCalifornia (hereinafter called CITY) hereby grants to
8 the Morro Bay Firemens Association
8 (hereinafter. called PERMITTEE) the right to use, on the terms and
7 conditions hereinafter set forth, that property of the City of
8 Morro Bay located within the city limits of the City of Morro Bay,
9 County of San Luis Obispo, State of California, and described as:
10 the Teen Center parking lot at 653 Harbor Street, Morro Bay,
11
12'
13 (hereinafter called SAID PROPERTY),;.,
14 1, The right and privilege granted to PERMITTEE pursuant to
18 this Use Permit Agreement shall become effective between the hours
10 of 8':00 a.m. on December 14, 1976 and 8:00 p.m. on
17 December 24, 1976.
i8 2. PERMITTEE shall use SAID PROPERTY for the purpose of
19 selling Christmas trees
20
21 and for no other purpose. PERMITTEE may display such exhibits on
22 SAID PROPERTY as PERMITTEE deems necessary for such purpose, pro-
23 vided however, that all rules, regulations, resolutions, and
24 ordinances of the City of Morro.Bay or any department thereof,
25 including by way of illustration but not limitation, fire and
28 safety orders, rules, regulations, or ordinances, shall at all
27 times be complied with.
28 3. Prior to the expiration of this Use Permit Agreement,
29 PERMITTEE shall remove or cause to be removed, all exhibits and
30 other facilities constructed or erected on SAID PROPERTY by
31 PERMITTEE. At the expiration of this Use Permit Agreement,
32 PERMITTEE shall surrender SAID PROPERTY to CITY in as good
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condition 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
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
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
-2-
1 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 hereby 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, in-
7 cluding by way of illustration but 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
11 at all reasonable hours to examine the same or to make such repair:
12 or temporary alterations as CITY shall, in its sole discretion,
13 desire.
14 CITY OF MORRO BAY
15
16 Dated:
Mayor
17
18ATTEST:
19
20
21 . L. WARDEN, City Clerk
22 PERMIT,TEE
23
24 By
25 Title '
26 Date
27
28
30
31
32
-3-
•
+0
City Council and Administrator
Morro Bay, California, 93442
Morro Bay Firemans .asociation
715 Farbor a 93442
Morro Bay, Cal_forni ,
Dear Mr. Warden,
The Morro Bay Firemans Association request the use of the City Park between
Harbor and Morro 'Bay Blvd. for the purpose of providing Christmas Trees to
the public in return for an equitable donation from 14 December 1976 through
24 December 1976.
Liability Insurance as the City requires will be in effect during the stated
time period and the area will be manned on a 24 hour a day basis.
The purpose of this venture is to provide the people in our community with a
large selection of trees while providing the Morro Bay Fireman Association
with some funds, which as in the past, will be used for Community and
Departmental projects.
The Boy Scouts in recent years have provided trees to raise monies, however
this year they, for various reasons, will not do so, l.eavi-ig the Morro Bay
Firemans Association with an opportunity to perform a corx;,unity serrice and
at the same time raise funds.
Your consideration is most appreciated.
Sincerely,
Z�.
Ron Mock, President
Morro Bay Firemans Association
• ' &
M E M O R A N D U M
TO: Murray Warden, City Administrator
FROM: Dave Braga, Parks and Recreation Director
DATE: December 8, 1976
SUBJECT: Park Use Request by Morro Bay Firemen's Association
In my opinion, the Morro Bay Firemen's Association request to use Morro
Bay City Park for the purpose of Christmas tree sales, December 14 through
December 24, 1976, should not be permitted in the park, but rather at the
Teen Center parking lot for the following reasons:
1. Public parks use should be recreation oriented, which the sale of
Christmas trees is not.
2. Requested use restricts public use of a park which has small acreage
to begin with, and a non -recreation activity could thereby diminish
the present high use rate of the park.
3. Park maintenance is of concern, as five or six holes will have to be
dug for night lights, plus the area where the Christmas trees are dis-
played cannot be watered, which the park dearly needs.
4. The Teen Center parking lot is redrock and the requested use would not
create any maintenance problems.
5. The Teen Center and surrounding area has no scheduled use during Decem-
ber 14 through December 24, 1976.
6. If this request to use the park is approved, similar requests may be
made in the future, resulting in periodic limited public use of the
park.
I have talked with Jerry Parker about the Teen Center area being an accept-
able location rather than the park. He stated that the Teen Center should
be okay for the requested use.
DB:rs
RESOLUTION NO. 81-76
RESOLUTION SETTING FEES FOR'BINGO GAMES AS
PERMITTED UNDER ORDINANCE NO. 150
T H E C I T Y C O U N C I L
City of Morro Bay, California
WHEREAS, Ordinance No. 150 adopted November 8, 1976, permits
certain charitable organizations to conduct bingo games; and
WHEREAS, said bingo games are now allowed for charity purposes
in light of the adoption of Proposition 9 passed by the voters of
the State of California in June, 1976; and
WHEREAS, Penal Code Section 326.5 provides that a city may
authorize bingo games by ordinance provided that such games are
allowed only for the benefit of charitable organizations exempt
from California Franchise Taxes; and
WHEREAS, Ordinance No. 150 provides that the City Council,
by resolution from time to time, shall adopt a license fee for
a license for the conduct of bingo games.
NOW, THEREFORE, BE IT RESOLVED that the license fee to be
charged for an annual permit to conduct bingo games by
charitable organizations in this City of Morro Bay shall be
Ten Dollars ($10.00) per annum.
On motion by Councilman Brown and seconded by Councilman
Rowland , the Morro Bay City Council hereby adopts the
foregoing proposed resolution in its'entirety.bn the following
roll call vote:
AYES: Councilmen Brown, Pipitone, Rowland, Shelton and Mayor
Mitchell
NOES: None
ABSENT: None
ADOPTED: November 8, 1976
ATTEST:
glzj�ee'e�
WARDEN, City Clerk
N
DALE C. MITC ELL, Mayor
RESOLUTION NO, 80-76
RESOLUTION APPROVING GRANT OF USE PERMIT
AGREEMENT TO 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 Brown and seconded by Councilman
Shelton , the Morro Bay City Council hereby adopts the foregoing
proposed resolution in its entirety on the following roll call vote:
AYES: Councilmen Brown, Pipitone, Rowland, Shelton and Mayor
Mitchell
NOES: None
ABSENT: None
ADOPTED: November 8, 1976
,1&4
DALE C. MITCHELL, Mayor
ATTEST:
WARDEN, City C rc
I
N
USE PERMIT AGREEMENT
3 The. City of. Morro Bay, a municipal.corporation of the State
4 of California (hereinafter called CITY) hereby grants to the Morro
5 Bay Chamber of Commerce (hereinafter called PERMITTEE) the right
i
6 to use, on the terms and conditions hereinafter set forth, that
7 property of the City of Morro Bay located within the City limits
8 of the City of Morro Bay, County of San Luis Obispo, State of
9 California, and described as follows:
10 PROPERTY 1. The vicinity of Morro Rock;
11 PROPERTY 2. The area of Las Tunas, Balboa, and Allesandro
12 Streets between Butte and Bella Vista and along
13 Morro Bay Boulevard from Quintana Road to Market
14 Street;
15
PROPERTY
3. The Morro Bay Centennial Stairway and a portion
16
of Front Street south of Dunes Street;
17
PROPERTY
4. The Morro Bay City,Park;
18
(hereinafter
called SAID PROPERTY).
19
1. The
right and privilege granted to PERMITTEE pursuant to
20
this Use Permit Agreement shall become effective for the hours
21
indicated as
follows:
22
PROPERTY
1. Between 8:00 a.m, and 12:00 p.m. on Saturday,
23
November 20, 1976;
24
PROPERTY
2. Between.8:00 a.m. and 12:00 p.m. on Saturday,
25
November 20, 1976;j
26
PROPERTY
3. Between 12:00 p.m.!and 2:00 p.m. on Saturday,
i
27
November 20, 1976.
28
PROPERTY
4. Between 2:00 p.m. and 4:00 p.m. on Saturday,
29
November 20, 1976.
30
2• PERMITTEE shall use PROPERTY 1 for the purpose of launch-
31
ling hot air
balloons; PROPERTY
2 for the purpose
of conducting the
32
�ck-O-Rama
parade; PROPERTY 3
for the purpose of
conducting a
I parade awards ceremony and chess demonstration; and PROPERTY 4
2 for the purpose of conducting an oyster shucking and eating contes
3 and for no other purposes. PERMITTEE May display such exhibits on
4 SAID PROPERTY as PERMITTEE deems necessary for such purpose, pro-
5 vided, however, that all rules, regulations, resolutions, and ordi
6 nances of the City of Morro Bay or any department thereof, includ-
7 ing by way of illustration but not limitation, fire and safety
8 orders, rules, regulations, or ordinances, shall at all times be
9 complied with.
10 3. Prior to the expiration of this Use Permit Agreement,
11 PERMITTEE shall remove or cause to be removed, all exhibits and
i
12 other facilities constructed or erected on SAID PROPERTY by
13 PERMITTEE. At the expiration of this Use Permit Agreement, PER-
14 MITTEE shall surrender SAID PROPERTY to CITY in as good condition
15 as it was when it was originally received by PERMITTEE, reasonable
16 wear excepted.
17 4a. This Use Permit Agreement is granted to PERMITTEE upon
i8 the express condition that PERMITTEE shall keep and hold CITY free
19 from all liability, expense, and claim for damages by reason of
20 any injury or death to any person or persons, including PERMITTEE,
21 or property of any kind whatsoever and to whomsoever belonging,
22 including PERMITTEE, from any cause or causes whatsoever during
23 the term of this Use Permit Agreement or any extension thereof or
24 any occupancy or use hereunder; PERMITTEE hereby convenanting and
25 agreeing to indemnify and save CITY harmless from all liability,
26 loss, cost, and obligations on account of or arising out of any
27 such injuries or losses howsoever occurring.
28 4b. PERMITTEE agrees to take out and keep in force during th
29 life hereof, at PERMITTEE's expense, liability insurance to protec
30 against any liability to any person or persons, including PERMITTE,
31 resulting from any occurrence in or about or incident to SAID.
i
32 ROPERTY and appurtenant areas in the amount of $100,000 to indem-
I
nify against the claim
of one person, $300,000 against the claim
2
of two or more persons;
and $50,000 for property damage.
Said
3
policies shall insure the
liability of PERMITTEE and the
liability
4
contingent or otherwise,
of CITY and such other persons,
firms, or
5
corporations -as may be
designated by CITY. If PERMITTEE
does not
6
keep such insurance in
full force and effect, this Use Permit
7 IlAgreement may be immediately terminated. PERMITTEE shall provide
8 CITY with copies and certificates of all of said policies includ-
9 ing endorsements which state that such insurance shall not be can-
10 celled except after ten (10) days prior written notice to CITY.
11 Each such policy shall be approved as to form and insurance compan
12 by CITY.
13 4c. Any insurance policy insuring PERMITTEE against claims,
14 expense, or liability for injury or death to person or property in
15 or about SAID PROPERTY shall provide that the insurer shall not
16
by
subrogation any
right
of
recovery which
PERMITTEE has
17 11acquire
expressly
waived in writing
prior
to
the occurrence
of the loss.
18 IIPERMITTEE hereby waives any right of recovery against CITY for any
19 Ilsuch claim, expense, or liability.
mm
20 5. PERMITTEE shall pay all charges for all utilities, in-
21 cluding by way of illustration but not limitation, electricity,
22 gas, water, and telephone which are used on or about SAID PROPERTY
23 during the term of this Use Permit Agreement.
24 6. CITY shall have the right to enter upon SAID PROPERTY
25 at -all -reasonable hours to examine the same or to make such repair
26 or temporary alterations as CITY shall, in its sole discretion,
27 desire.
28 11 CITY OF MORRO BAY
29 l�lCle'
Dated: NfIL/% ALE C. MITCHELL, Mayor
30
ATTEST. MORRO BAY CHAMBER OF COMMERCE
31 �'!.1��/ f
RESOLUTIQN NQ, 79-76
RESOLUTION AUTHORIZING AND DIRECTING
THE CITY ADMINISTRATOR TO EXECUTE
JOINT POWERS AGREEMENT WITH THE
MONTEREY BAY AREA TRAINING CENTER
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 Administrator of the City of Morro
Bay is hereby authorized and directed to execute that certain
Joint Powers Agreement pertaining to Monterey Bay Area Training
Center, between City and Counties and Cities located within the
Counties of Santa Cruz, Monterey, San Benito and San Luis Obispo,
upon the terms and conditions as set forth in such agreement.
On motion by Councilman Brown 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, Pipitone, Rowland, Shelton and Mayor
Mitchell
NOES: None
ABSENT: None
ADOPTED: October 11, 1976
DALE C. MITCH LL, Mayor
ATTEST:
!sf
RAYA,. WARDEN, City Clerk
/I
RUOLUTION NO,78-76
RESOLUTION AUTHORIZING DESTRUCTION.O,F CITY RECORDS
T H E C I T Y C O U N C I
City of Morro Bay, California
WHEREAS, an accumulation of twelve years of City records
and documents has become unduly cumbersome; and
WHEREAS, it has been determined that certain records
are no longer required for retention; and
WHEREAS, Government Code Section 34090 provides for the
destruction of certain records without duplication.
NOW, THEREFORE, BE IT RESOLVED that the City Council of
the City of Morro Bay does hereby authorize the destruction
of certain records without duplication of said records on the
following conditions:
1. No records are to be destroyed if they are
less than five years old.
2. All records, will be retained as set forth in
Government Code Section 34090.
3. Written consent of the City Attorney will be
obtained
before any
records
are destroyed.
On motion by
Councilman
Brown
and seconded by
Councilman Rowland , the Morro Bay City Council hereby
adopts the foregoing proposed resolution in its entirety on
the following roll call vote:
AYES: Councilmen Brown, Rowland, Shelton and Mayor Mitchell
NOES: None
ABSENT: Councilman Pipitone
ADOPTED: September 27, 1976
ALE C. MITCHELL, Mayor
ATTEST:
M. L. WARDEN, City Clerk
44' 9
RESOLUTION NO. 77-76
RESOLUTION APPROVING THE APPLICATION FOR
1974 STATE BOND GRANT MONEYS
FOR THE MORRO BAY COMMUNITY PARK PROJECT
T H E C I T Y C O U N C I L
City of Morro Bay, California
WHEREAS, the people of the State of California have enacted
the State Beach, Park, Recreational and Historical Facilities Bond
Act of 1974, which provides funds to the State of California and
its political subdivisions for acquiring lands and for developing
facilities for public outdoor recreation and historical purposes;
and
WHEREAS, the State Department of Parks and Recreation has
been delegated the responsibility for the administration of the
program within the State, setting up necessary procedures governing
application by local agencies under the program; and
WHEREAS, said procedures established by the State Department
of Parks and Recreation require the applicant to certify, by
resolution, the approval of applications prior to submission of
said applications to the State;;and
WHEREAS, said applications contain assurances that the appli-
cant must comply with; and
WHEREAS, said procedures further require the applicant to
possess an adopted plan showing parks and recreation lands and
facilities, existing and proposed; and
WHEREAS, the City's Master Plan was first adopted by the City
Council in January, 1968; and
WHEREAS, the proposed Morro Bay Community Park project appears
on the City's Plan, is consistent with the California Outdoor Recrea-
tion Resources Plan, and is in conformity with the State Environ-
mental Goals and Policy Report; and
WHEREAS, the project must be compatible with the land use
plans of those jurisdictions immediately surrounding the project.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the
City of Morro Bay hereby:
1. Approves the filing of an application for 1974 State
grant assistance; and
2. Certifies that said agency understands:the assurances
in the application; and
3. Certifies that said agency has or will have sufficient
funds to operate and maintain the project; and
4. Certifies that said agency meets the planning require-
ments and that the project is compatible with the land
use plans of those jurisdictions immediately surrounding
the project; and
5. Appoints the City Administrator as agent of the City to
9
Resolution No. 77-76
Page Two
conduct all negotiations, execute and submit all docu-
ments including but not limited to applications, agree-
ments, amendments, payment requests, and so on which
may be necessary for the completion of the aforemen-
tioned project.
6. Certifies that said agency has adopted a park and recrea-
tion plan that includes the proposed park acquisition.
7. Certifies that said agency will provide local monies
in the event the negotiated purchase price of the proposed
ten acres is more than the $38,150 allocated for the
1974 State Park Bond Act.
On motion by Councilman Brown and seconded by Councilman
Rowland , the Morro Bay City Council hereby adopts the foregoing
proposed resolution in its entirety on the following roll call vote:
AYES: Councilmen Brown, Rowland, Shelton and Mayor Mitchell
NOES: None
ABSENT: Councilman Pipitone
ADOPTED: September 27, 1976
106 ��
DALE C. MITCH L , Mayor
ATTEST:
� 4�z�
M. t. WARDEN, City Clerk
RESOLUTION NO. 76-76
RESOLUTION ADOPTING A CONFLICT OF INTEREST CODE
APPLICABLE TO THE MEMBERS OF THE CITY
COUNCIL PURSUANT TO THE POLITICAL REFORM ACT OF 1974
T H E C I T Y C O U N C I L
City of Morro Bay, California
WHEREAS, the electorate of the State of California voted into
law the Political Reform Act of 1974, an initiative measure; and
WHEREAS, said law requires the disclosure of certain financial
interests by local government officials and prohibits their partici-
pation in governmental decisions when such may materially affect
their interests; and
WHEREAS, said law sets forth specifically all affirmative and
prohibitory provisions required of and affecting local government
officials; and
WHEREAS, said law has been interpreted by the Fair Political
Practices Commission as requiring the adoption of a Conflict of
Interest Code applicable to the City Council; and
WHEREAS, this Conflict of Interest Code, adopted in the spirit
of said interpretation of the Political Reform Act of 1974, imposes
no additional requirements of disclosure not already set forth in
said Act.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City
of Morro Bay as follows:
SECTION 1. Adoption of Conflict of Interest Code. In compli-
ance with Section 87300 of the Government Code, the City Council
hereby adopts this Conflict of Interest Code.
SECTION 2. Application of Code. This Conflict of Interest
Code shall be applicable to members of the City Council in their
capacity as members of the City Council or as members of any City
Board or Commission.
SECTION 3. Disclosure. Council members are already required
to disclose investments, interest in real property and income under
•
Resolution No. 76-76
Page Two
Section 87200 and following of the Government Code. Therefore, no
other or additional disclosure requirements are imposed by this
Conflict of Interest Code.
SECTION 4. Circumstances Requiring Disqualification. Any
member of the City Council, whether acting as a Council member or
as governing board member or commissioner of any City agency, including:
Morro Bay City Council Audit and Finance Committee
Morro Bay City Council Highway Safety Committee
Morro Bay City Council Public Safety Committee
Morro Bay City Council Public Works Committee
Morro Bay City Council Recreation Committee
San Luis Obispo County Solid Waste Disposal Committee
Economic Opportunity Commission of San Luis Obispo
County, Inc.
San Luis Obispo County and Cities Area Planning
Coordinating Council
San Luis Obispo County Water Resources Advisory
Committee
San Luis OBispo County Local Agency Formation Commission
San Luis Obispo Regional Transportation Technical
Advisory Committee
California Council on Criminal Justice Regional Board
must disqualify himself or herself from making or participating in
the making of any decisions which will foreseeably have a material
financial effect, distinguishable from its effect on the public
generally, on any economic interest, as defined in Government Code
Section 87103(a) - (d). No Council member shall be prevented from
making or participating in the making of any decision to the extent
his or her participation is legally required for the decision to be
made.
SECTION 5. Definitions. Except as otherwise indicated, the
definitions contained in the Political Reform Act of 1974 (Govern-
Resolution No. 76-76
Page Three
ment Code Section 81000) and Regulations adopted pursuant thereto
are incorporated into this Conflict of Interest Code.
SECTION 6. Effective Date. This Conflict of Interest Code
shall become effective October 10, 1976.
SECTION 7. The City Clerk is directed to forward a certified
copy of this resolution to the Fair Political Practices Commission.
On motion by Councilman Brown and seconded by Councilman
Rowland , the Morro Bay City Council hereby adopts the foregoing
proposed resolution in its entirety by the following roll call vote:
AYES: Councilmen Brown, Rowland, Shelton and Mayor Mitchell
NOES: None
ABSENT: Councilman Pipitone
ADOPTED: September 27, 1976
IG. i��/�/i'/ /
1 . • o T -
ATTEST:
M. L. WARDEN, City Clerk
4
u
RESOLUTION NO. 75-76
RESOLUTION ACCEPTING DEED FROM
THE COUNTY OF SAN LUIS OBISPO
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 Quitclaim Deed from the County of San Luis Obispo
for all that real property described in said Deed, a copy
of which is attached hereto and by reference made a part
hereof; and
BE IT FURTHER resolved that the Mayor be and is hereby
authorized and directed to execute a Certificate fo Accept-
ance and Consent to Recordation for the aforementioned real
property on behalf of the City of Morro Bay, a -copy of which
is attached hereto and by reference made a part hereof; and
BE IT FURTHER RESOLVED that the City Clerk be and is
hereby authorized and directed to record said Deed and
Certificate of Acceptance, together with a copy of this
resolution, in the Office of the Recorder of the County of
San Luis Obispo.
On motion by Councilman Brown and seconded by
Councilman Shelton , the Morro Bay City Council hereby
adopts the foregoing resolution in its entirety by the
following roll call vote:
AYES: Councilmen Brown, Rowland, Shelton and Mayor Mitchell
NOES: None
ABSENT: Councilman Pipitone
ADOPTED: September 27, 1976
ATTEST:
/Poog_�
WARDEN, City Clerk
CERTIFICATE OF 'ACCEPTANCE
THIS IS TO CERTIFY that the interest in real property
conveyed by the Quitclaim Deed dated July 26, 1976, from
the COUNTY OF SAN LUIS OBISPO to the CITY OF MORRO BAY,
a municipal corporation, is hereby accepted by order of
the City Council of the City of Morro Bay on September 27,
1976, and the Grantee consents to recordation thereof by
its duly authorized officer.
DATED: September 28, 1976 CITY OF MORRO BAY
��
� �L P
DALEC. MITCH I2, Mr
ATTEST:
Gn
M. L. WARDEN, City Clerk
IN THO BOARD OF SUPER*SORS
COUNTY OF SAN LUIS OBISPO, STATE OF CALIFORNIA
--Mon-- day ------July 26--------,19- 76-
PRESENT: Supervisors M. E. Willeford, Kurt P. Kupper, Howard D. Hankins
Chairman Hans Heilmann ABSENT: Supervisor Richard J. Krejsa RECEIVED
RESOLUTION NO. 76-533
AUG'3 1976
RESOLUTION TO QUITCLAIM REAL PROPERTY
TO THE CITY OF MORRO BAY CITY OF MORRO BAY
The following resolution is hereby offered and read:
WHEREAS, the City of Morro Bay has requested the County to transfer
a parcel of land within the City of Morro Bay to the City; and
WHEREAS, the said propertys hereinafter described, consists of one
lot between Main Street and the waters of Morro Bay and 1s potentially
usable as public access to the waters and shore of Morro Bay; and
WHEREAS, the said property is not requried for County use and the
public interests will be best served by transferring this said property
to the City of Morro Bay, but subject to the retention of public right
of access to Morro Bay itself; and
WHEREAS, Government Code Section 25365 provides that the Board of
Supervisors may, by a four -fifths vote; quitclaim or otherwise transfer
to any city within the County any real property or interest therein
belonging to the County upon such terms and conditions as are agreed
upon and without complying with any other provision of the Code if the
property to be quitclaimed is not required for County use; and
WHEREAS, the Board of Supervisors met and conducted a Hearing
following publication of notice of this intended action pursuant to
Government Code Section 6061.
NOW, THEREFORE, BE IT RESOLVED -that the Board oP Supervisors of San
( J,•i:;Luis Obispo County quitclaims to the City of Morro Bay the„following:
described property: -
Lot 20, Block"I of Morro Rock Park Subdivision, 1n the County of
San Luis Obispo, State of California,•according to the map thereof.
'.11,-r',=•-filed?for record in'the Office of'the Recorder of said County in
' F , Book 3, Page 36.of Maps.
" • ' `^ ' • But reserving and 'excepting from this conveyance 'the rights of the
0ublic to cross over and use the aforesaid real property for ingress ..,
and egress to the water and beach of Morro Bay, unless said rights
shall be hereafter abandoned by action of the San Luis Obispovi
one, "' r` ' •'County Board of Supervisors.
BE IT FURTHER RESOLVED that the Board of Supervisors direct the
chairman to sign the Quitclaim Deed and direct the Clerk of the Board to
deliver said Quitclaim Deed to the City of Morra Bay.
ADOPTED ON July 26 , 19769 by at least four -fifths vote
of the Board of Supervisors by the following vote, to -wit:
AYES: Supervisors Uilloford, Kupper, Hankies, Chairman Heilman
HOES: Hone
ABSENT: Supervisor Krejea
/s/ Hans Heilmann
Chairman of Ue Board of Supervisors o
the County of San Luis Obispo, State of
California
ATTEST:
/s/ Misbeth Ifollam
Clerk of the board of Supervisors
.2-
STATE OF CALIFORNI k
County of San Luis Obispo, ss.
MIS---WOLLAM -- --, County Clerk and ex-officio Clerk
of the Board of Supervisors, in and for the County of San Luis Obispo, State of California, do
hereby certify the foregoing to be a full, true and correct copy of an order made by the Board
of Supervisors, as the same appears spread upon their minute book.
WITNESS my hand and the seal of said Board of Supervisors, affixed this ---- 28---
76
day of ------July
------------ 19- --
(SEAL)
MISBETH kOLLAt4
---------------------------------------------
County Clerk and Ex-Officio Clerk of the Board
of Supervisors
a '
By
QUITCLAIM DEED
The undersigned Grantor, County of San Luis Obispo, does
hereby remise, release and forever quitclaim to THE CITY OF
MORRO BAY, a municipal corporation, the following described real
property in the City of Morro Bay, County of San Luis Obispo,
State of California:
Lot 20, Block 1 of Morro Rock Park Subdivision, in the
County of San Luis Obispo, State of California, accord-
ing to the map thereof filed for record in the office of
the Recorder of said County in Book 3, page 36 of Maps.
But reserving and excepting from this conveyance the rights
of the public to cross over and use the aforesaid real pro-
perty for ingress and egress to the water and beach of Morro
Bay, unless said rights shall be hereafter abandonded by
action of the San Luis Obispo County Board of Supervisors.
Dated: July 26 1976.
County of San Luis Obispo
By: 2ZJ Ie ,:�:.C:-z: C ,: r,.,
Chairman of the Board of Supervisors
Authorized by Board Resolution on July 26 1976.
(Assessor's Parcel No. 66-251-014)
RESOLUTION N0, 74-76
RESOLUTION ACCEPTING•3ZECOMMENDATION OF THE CITY PLANNING
COMMISSION AND ADOPTING THE NOISE 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 August 16, 1976, conduct a public hearing to
consider the adoption of the Noise 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. 41-76, adopt said Noise Element
and did further recommend that the City Council formally
adopt said Noise 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 September 13, 1976, 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 Noise Element
was so heard and testimony considered.
NOW, THEREFORE, BE IT RESOLVED that the Morro Bay City
Council does hereby adopt the Noise Element of the General
Plan in conformance with Section 65355 of the Government Code
of the State of California.
On motion by Councilman Brown and seconded by Council-
man Shelton , 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, Rowland, Shelton and Mayor Mitchell
NOES: None
ABSENT: Councilman Pipitone
ADOPTED: September 27, 1976
A/
DALE C. MITCHE L, Mayor
ATTEST:
k/UIE
M. t. WARDEN, City Clerk
RESOLUTION NO. 73-76
RESOLUTION ACCEPTING RECOMMENDATION OF THE CITY PLANNING
COMMISSION AND ADOPTING THE SAFETY 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 August 16, 1976, conduct a public hearing to
consider the adoption of the Safety 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. 42-76, adopt said Safety Element
and did further recommend that the'City Council formally
adopt said 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 September 13, 1976, 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
Safety Element was so heard and testimony considered.
NOW, THEREFORE, BE IT RESOLVED that the Morro Bay City
Council does hereby adopt the Safety Element of the General
Plan in conformance with Section 65355 of the Government Code
of the State of California.
On motion by Councilman Brown and seconded by
Councilman Shelton , 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, Rowland, Shelton and Mayor Mitchell
NOES: None
ABSENT: Councilman Pipitone
ADOPTED: September 27, 1976
DALE C. MITCHEIU/, Mayor
ATTEST:
4L9__ .
Mf"L. WARDEN, City Clerk
RESOLUTION NO. 72-76
RESOLUTION ACCEPTING RECOMMENDATION OF THE CITY
PLANNING COMMISSION AND ADOPTING THE
PARK AND RECREATION 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 5, January 13, February 2, and February
17, 1976, conduct public hearings to consider the adoption
of the Park and Recreation 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. 21-76, adopt said Park and Recreation
Element and did further recommend that the City Council
formally adopt said Park and Recreation Element as a portion
of the General Plan for the City of Morro Bay; and
WHEREAS, the Morro Bay City Council held public hearings
on May 24, June 14, and June 28, 1976, as required by Section
65355 of the Government Code of the State of California, at
which hearings any person desiring to be heard to express
their views for or against or in modification of said proposed
Park and Recreation Element was so heard and testimony considered.
NOW, THEREFORE, BE IT RESOLVED that the Morro Bay City
Council does hereby adopt the Park and Recreation Element of
the General Plan in conformance with Section 65355 of the
Government Code of the State of California.
On motion by Councilman Brown and seconded by Council-
man Shelton , 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, Rowland, Shelton and Mayor Mitchell
NOES: None
ABSENT: Councilman Pipitone
ADOPTED: September 27, 1976
0e-, & (r Mt
DALE C. MITCHEL Mayor
ATTEST:
M./it. WARDEN, City Clerk
RESOLUTION NO. 71-76
RESOLUTION APPROVING AMENDMENT TO LEASE WITH
RALPH RUSE FOR THE EXTENSION OF
LEASE SITES NO. 122W AND 123W
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 Ralph Ruse to extend
the lease on the Extension of Lease Sites No. 122W and 123W
for a twenty-five (25) year period commending January 1, 1977;
and
WHEREAS, the terms of the basic lease grant to the Lessee
the option to extend the period of the original lease by an
additional twenty-five years under the same conditions as
existing in the original lease; and
WHEREAS, it is in the public interest that the approval
of an amendment to the basic lease between Ralph Ruse and the
City of Morro Bay granting this extension be approved.
NOW, THEREFORE, BE IT RESOLVED that consent is hereby
given by the City Council of the City of Morro Bay to the
Amendment to Lease for the Extension of Lease Sites No. 122W
and 123W extending this lease for an additional twenty-five
(25) year period commencing January 1, 1977; and
BE IT FURTHER RESOLVED that the Mayor and City Clerk be
and are hereby directed to sign said Amendment to Lease on
behalf of the City of Morro Bay.
On motion by Councilman Brown and seconded by
Councilman Shelton , the Morro Bay City Council hereby
adopts the foregoing proposed resolution in its entirety on
the following roll call vote:
AYES: Councilmen Brown, Rowland, Shelton and Mayor Mitchell
NOES: None
ABSENT: Councilman Pipitone
ADOPTED: September 27, 1976
DAL C. MITCHE ',Mayor '
ATTEST:
i
M. . WARDEN, City Clerk
RESOLUTION NO, 70-76
RESOLUTION APPROVING AMENDMENT TO LEASE WITH
RALPH RUSE FOR
LEASE SITES NO. 122, 123, 122W AND 123W
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 Ralph Ruse to
extend the lease on Lease Sites No. 122, 123, 122W and 123W
for a twenty-five (25) year period commencing January 1,
1977; and
WHEREAS, the terms of the basic lease grant to the
Lessee the option to extend the period of the original
lease by an additional thirty years or less under the
same conditions as existing in the original lease; and
WHEREAS, it is in the public interest that the
approval of an amendment to the basic lease between Sara
Walnum and Ralph Ruse as heir to Sara Walnum's estate,
and the City of Morro Bay, as successor to the County of
San Luis Obispo, granting this extension be approved.
NOW, THEREFORE, BE IT RESOLVED that consent is hereby
given by the City Council of the City of Morro Bay to the
Amendment to lease for Lease Sites No. 122, 123, 122W, and
123W extending this lease for an additional twenty-five (25)
year period commencing on January 1, 1977; and
BE IT FURTHER RESOLVED that the Mayor and City Clerk
be and are hereby directed to sign said Amendment to Lease
on behalf of the City of Morro Bay.
On motion by Councilman Brown and seconded by
Councilman Shelton , the Morro Bay City Council hereby
adopts the foregoing proposed resolution in its entirety on
the following roll call vote:
AYES: Councilmen Brown, Rowland, Shelton and Mayor Mitchell
NOES: None
ABSENT: Councilman Pipitone
ADOPTED: September 27, 1976
DALE MITCHELL, Mayor
ATTEST:
&L-a—=;:�
M.. WARDEN, City Clerk
RESOLUTION NO. 69-76
RESOLUTION APPROVING RENEWAL OF UNITED STATES
COAST GUARD LEASE #DOT�CG12-4532 FOR THE PERIOD
OCTOBER 1, 1976 THROUGH SEPTEMBER 30, 1977
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 October
1, 1976, by and between the City of Morro Bay and the
United States 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 October
1, 1976 to and including September 30, 1977; 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 Brown and seconded
by Councilman Shelton , 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, Rowland, Shelton and Mayor Mitchell
NOES: None
ABSENT: Councilman Pipitone
ADOPTED: September 27, 1976
�Z . '
ATTEST:
WARDEN, City Clerk
RESOLUTION NO, 68-76
RESOLUTION APPROVING RENEWAL OF UNITED STATES
COAST GUARD LEASE #DOT-CG12-4020 FOR THE PERIOD
OCTOBER 1, 1976 THROUGH SEPTEMBER 30, 1977
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 renewal of lease #DOT-CG12-
4020 dated October 1, 1976, by and between the City of
Morro Bay and the United States Coast Guard for the northern
24 1/12 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 October 1, 1976 to and including September 30,
1976; 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 by Councilman Brown and seconded by
Councilman Shelton , 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, Rowland, Shelton, and Mayor Mitchell
NOES: None
ABSENT: Councilman Pipitone
ADOPTED: September 27, 1976 n
MITCHELL, Mayor
ATTEST:
l
RESOLUTION NO. 67-76
RESOLUTION APPROVING SUBLEASE ON
LEASE SITES NO. 128 AND 128W, MOORES
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 is the lessor of certain
property on the Morro Bay waterfront described as Lease Sites
No. 128 and 128W; and
WHEREAS, L. Virgil Moores and Leta B. Moores, husband
and wife, are the lessees 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 lessees desire to enter into a sublease
agreement with Virg's Fish'n, a California corporation, for
that portion of the lease known as Lease Site No. 128W, a
copy of which sublease agreement has been presented to the
City Council of the City of Morro Bay.
NOW, THEREFORE, BE IT RESOLVED that the City Council of
City of Morro Bay does hereby consent to the sublease of said
Lease Site No. 128W to Virg's Fish'n.
On motion by Councilman Brown and seconded by Council-
man Shelton , 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, Rowland, Shelton and Mayor Mitchell
NOES: None
ABSENT: Councilman Pipitone
ADOPTED: September 27, 1976
DALE C. MITCHEL , Mayor
ATTEST:
kjj___ .
M. WARDEN, City Clerk
RESOLUTION NO. 66-76
RESOLUTION APPROVING SUBLEASE ON
LEASE SITES NO. 124-127, 124W-127W, MOORES
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 is the lessor of certain
property on the Morro Bay waterfront described as Lease Sites
No. 124-127, 124W-127W; and
WHEREAS, Virgil Moores 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 desires to enter into a sublease
agreement with Virg's Fish'n, a California corporation, a
copy of which has been presented to the City Council of the
City of Morro Bay.
NOW, THEREFORE, BE IT RESOLVED that the City Council
of the City of Morro Bay does hereby consent to the sublease
of said Lease Sites No. 124-127, 124W-127W to Virg's Fish'n.
On motion by Councilman Brown and seconded by
Councilman Shelton the City Council of the City of Morro
Bay hereby adopts in its entirety the foregoing proposed resolu-
tion on the following roll call vote:
AYES: Councilmen Brown, Rowland, Shelton and Mayor Mitchell
NOES: None
ABSENT: Councilman Pipitone
ADOPTED: September 27, 1976
DALE C. MITCH L, ayor
ATTEST:
/A/X/,J�
M WARDEN, City Clerk
RESOLUTION NO. 65-76
RESOLUTION APPROVING SUBLEASE ON
LEASE SITE NO. 113W, MOORES
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
Site No. 113W;' and
WHEREAS, L. Virgil Moores 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 desires to enter into a sublease
agreement with Virg's Fish'n, a California corporation, a
copy of which has been presented to the City Council of the
City of Morro Bay.
NOW, THEREFORE, BE IT RESOLVED that the City Council
of the City of Morro Bay does hereby consent to the sublease
of said Lease Site No. 113W to Virg's Fish'n.
On motion by Councilman Brown and seconded by
Councilman Shelton 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, Rowland, Shelton and Mayor Mitchell
NOES: None
ABSENT: Councilman Pipitone
ADOPTED: September 27, 1976
DALE C. MITC LI;, Mayor
ATTEST:
WARDEN, City Clerk
RESOLUTION NO. 64-76
RESOLUTION APPROVING SUBLEASE ON
LEASE SITE NO. 150, BICKFORD
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 is the lessor of certain
property in the City of Morro Bay described as Lease Site
No. 150; and
WHEREAS, Wayne E. and Norma Bickford, husband and wife,
are the lessees 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 lesses desire to enter into a sublease
agreement with King City Transit Mix, Inc., a copy of which
has been presented to the City Council of the City of Morro
Bay.
NOW, THEREFORE, BE IT RESOLVED that the City Council of
the City of Morro Bay does hereby consent to the sublease of
said Lease Site No. 150 to King City Transit Mix, Inc.
On motion by Councilman Brown and seconded by
Councilman Shelton 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, Rowland, Shelton and Mayor Mitchell
NOES: None
ABSENT: Councilman Pipitone
ADOPTED: September 27, 1976
( �r r �
ALE C. MITCHELL, Mayor
ATTEST:
V4.4
WARDEN, City Jerk
RESOLUTION NO. 63-76
RESOLUTION COMMENDING FRED R. DONOH00
T H E C I T Y C O U N C I L
City of Morro Bay, California
WHEREAS, Fred R. Donohoo was elected to the Morro Bay City
Council on April 16, 1968 and re-elected on April 18, 1972; and
WHEREAS, Mr. Donohoo was selected by his fellow Council
members to serve as Mayor from March 12, 1974 to March 9, 1976;
and
WHEREAS, Mr. Donohoo did serve this community faithfully
and with dedication during his eight year term on the Morro Bay
City Council; and
WHEREAS, Mr. Donohoo maintained his interest in City affairs
until his untimely death on August 6, 1976
BE IT FURTHER RESOLVED that a copy of this resolution be
forwarded to his family together with a letter expressing the
sympathy of all the members of this Council.
On motion by Councilman Brown 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, Rowland, Pipitone, Shelton and Mayor Mitchell
NOES: None
ABSENT: None
ADOPTED: September 13, 1976
DALE C. MITCH LLE , Mayor
ATTEST:
74o�lrlll�
U Y Y. WARDEN, City Jerk
RESOLUTION NO. 62-76
RESOLUTION ACCEPTING WORK AND GIVING.NOTICE OF COMPLETION
FOR CONSTRUCTION OF-KEISER PARK BARBECUE FACILITY,
PROJECT No, PW751028-38RS
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 June 14, 1976,
award a contract for Job No. PW75-028-38RS, Construction of
Keiser Park Barbecue Facility to Conco Engineering, Inc., P. O.
Box 511, San Luis Obispo, California, 93406; 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 13th day of September, 1976, 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 Brown and seconded by Councilman
Shelton , the Morro Bay City Council hereby adopts the fore-
going proposed resolution in its entirety on the following roll
call vote:
AYES: Councilmen Brown, Pipitone, Rowland, Shelton and Mayor
Mitchell
NOES: None
ABSENT: None
ADOPTED: September 13, 1976 49
ddza
DALE( C. MITCH L , Mayor
ATTEST:
ROR17Y
L. WARDEN, City Clerk
CERTIFICATION OF COMPLETION
The undersigned hereby certifies that the work of Construction
of -Keiser Park Barbecue Facility, Project No. PW75-028-38RS, by
Conco Engineering, Inc., 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: August 26, 1976
GEORG, . CHRISSAKIS
City Engineer
M1925 Pay U
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 Keiser Park Barbecue Facility (Project
No. PW75-028-38RS) in the City of Morro Bay, California, has been
completed by Conco Engineering, Inc. and that said work was
accepted as completed on September 13, 1976, by the Morro Bay
City Council by the adoption o.f Resolution No. 62-76 dated
September 13, 1976.
tWARDEN, 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 • 27kh day
of September 1976.
WARDEN', City. Clerk
END Of DOCUMENT
1925 eAct 112
RESOLUTION NO. 61-76
RESOLUTION APPROVING SUBLEASE ON
LEASE SITE NO. 136
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 is the lessor of
certain property on the Morro Bay waterfront, described as Lease
Site No. 136; 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 Gordon Ross and Mary E. Ross; and
WHEREAS, lessee desires said sublease be transferred from
Gordon Ross and Mary E. Ross to David A. Ross and Mary E. Ross,
a copy of which sublease agreement has been presented to the City
Council of the City of Morro Bay;
NOW, THEREFORE, BE IT RESOLVED that the City Council of the
City of Morro Bay does hereby consent to the sublease of said
Lease Site No. 136 to David A. Ross and Mary E. Ross.
AND, THEREFORE, BE IT FURTHER RESOLVED that Resolution No.
68-74 dated October 14, 1974, is hereby declared null and void.
On motion by Councilman Brown and seconded by Councilman
Shelton , 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, Pipitone, Rowland, Shelton and Mayor
Mitchell
NOES: None
ABSENT: None
ADOPTED: September 13, 1976
DALE C. MITCHELL, Mayor
ATTEST:
lo
MURW L. PARDEN, City Clerk
RESOLUTION NO. 59-76
RESOLUTION APPROVING GRANT OF USE PERMIT
TO MORRO BAY FIRE FIGHTERS MUSTER COMMITTEE
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 Muster Committee, 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 Pipitone 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, Pipitone, Rowland and Shelton and
Mayor Mitchell
NOES: None
ABSENT: None
ADOPTED: August 23, 1976
DALE C. MITCHELL,Mayor
ATTEST:
MAYP"YL. W RDEN, City Clerk
I . ,
1 USE PERMIT AGREEMENT
2
3 The City of Morro Bay, a municipal corporation of the State
4 of California (hereinafter called CITY) hereby grants to
5 Morro Bay Fire Fighters Muster Committee
6 (Hereinafter called PERMITTEE) the right to use, on the terms and
7 conditions hereinafter set forth, that•property of the City of
$ Morro Bay located within the city limits of the City of Morro Bay,
9 County of San Luis Obispo, State of California, and described as:
10 Property 1. Harbor Yard Parking Lot
11 Property 2. The intersection of.Quintana Road and Morro Bay Blvd.
12 to the intersection of Morro Avenue and Morro Bay Blvgi:
13 Property 3. Westerly vehicle lanes of the Embarcadero between
14 Beech Street and the southerly boundary of Lease Site
15 1.28 to include certain parking lots west of these
16 lanes.
17 (hereinafter called SAID PROPERTY).
18 1. The right and privilege granted to PERMITTEE pursuant to
19 this Use Permit Agreement shall become effective for the hours in-
dicated as follows:
20
21 Property 1. Between 7:00 a.m. on Saturday, September 18 and
5:.00 p'.m� Sunday'; Septembei;19,:1976.
22 (Property 2. Between 10:00 a.m. and 12:00 noon, Saturday, Septem]-)e
23
24 18, 1976.
Property 3. Between 7:00 a.m. Saturday, September 18 and 5:00 p.m
25
26 Sunday, September 19, 1976.
27
2. PERMITTEE shall use PROPERTY 1 for the purpose of con-
2E ducting the 4-H Club Annual "Mini -Fair"; PROPERTY 2 for a parade;
29 and PROPERTY 3 for the 2nd Annual Morro Bay Fireman's Muster and
30 for no other purpose. PERMITTEE may display such exhibits on
31
SAID PROPERTY as PEP14ITTEE deems necessary for such purpose, pro-
�
s2 I vided however, that all rules, regulations, resolutions, and ord-
I
2
3
ce of the City of Morro Bay or any department thereof, incl
way of illustration but not limitation, fire and safety orders,
les, regulations, or ordinances, shall at all times be complied
4 ith.
5 3. Prior to the expiration of this Use Permit Agreement,
6 PERMITTEE shall remove or cause to be removed, all exhibits and
7 other facilities constructed or erected on SAID PROPERTY by
8 PERMITTEE. At the expiration of this Use Permit Agreement,
9 PERMITTEE shall surrender SAID PROPERTY to CITY in as good
10 condition as it was when it was originally received by PERMITTEE,
11 reasonable wear excepted.
12 4.a This Use Permit Agreement is granted to PERMITTEE upon
13 the express condition that PERMITTEE shall keep and hold CITY free
14 from all liability, expense, and claim for damages by reason of
15 any injury or death to any.person or persons, including PERMITTEE,
16 or property of any.kind whatsoever and to whomsoever belonging,
17 including PERMITTEE, from any cause or causes whatsoever during
18 the term of„ this Use Permit Agreement or any extension thereof
19 r any occupancy or use hereunder; PERMITTEE hereby covenanting
20 and agreeing to indemnify and save CITY harmless from all lia-
21 ility, loss, cost, and obligations on account of or arising out
22 f any such injuries or losses howsoever occurring.
23 4.b PERMITTEE agrees to take out and keep in force during the
24 life hereof, at PERMITTEE'S expense, liability insurance to pro-
25 ect against any liability to any person or persons, including'
26 ERMITTEE, resulting from any occurrence in or about or incident
27 o SAID PROPERTY and appurtenant areas in the amount of $100,000
28 to indemnify against the claim of one person, $300,000 against tile
29 laim of two or more persons; and $50,000 for property damage. Sai
30 policies shall insure the liability of PERMITTEE and the liability
31 ontingent or otherwise, of CITY and such other persons, firms,
32 r corporations as may be designated by CITY. If PERMITTEE does
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 .
41
28
29
30
31
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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 insuran
company by CITY.
4.c Any insurance policy insuring PERMITTEE against claims,
expense, or liability for injury or death to person or property i
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 an
such claim, expense, or liability.
5. PERMITTEE shall pay all charges for all utilities, in-
cluding by way of illustration but not limitation, electricity,
gas, water, and telephone which are used on or about SAID PP.OPERV
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 repaii
or temporary alterations as CITY shall, in its sole discretion,
desire.
Dated:
(ATTEST:
M Y L;' ARDEN, City Clerk
CITY OF MORRO BAY
/1_�__MLtz
DALE C. MITCHELL, Mayor
PERMITTEE
By
T1.tl:e i�"! r
RESOLUTION NO. 58-76
RESOLUTION ESTABLISHING SALARY RANGES
AND STEPS FOR EMPLOYEE CLASSIFICATIONS,
DESCRIBING METHODS OF ADVANCEMENT AND
SUPERSEDING PREVIOUS SALARY RESOLUTIONS
IN CONFLICT
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 adopted Ordinance
No. 21, dated March 23, 1965, which requires a plan of
compensation for City Employees:
NOW, THEREFORE, BE IT RESOLVED by the Council of the
City of Morro Bay that all previous resolutions establishing
salary range which are in conflict herewith are superseded
and the following sections enacted for the 1976-77 Fiscal
Year:
SECTION 1. Salary Ranges. The following salary
ranges are adopted and applied to the position classifications
indicated in Section 2 hereof:
Resolution.
No. 58-76
page Two
SALARY
RANGHS AND
STEP SCHEDULE FOR GENERAL AND
MISCELLANEOUS EMPLOYEES WITHIN
CLASSIFICATION PLAN
8%
1
2
3
4
5
Nrml.
First
Full
Abv.
Otsdg.
Range
Hrly.
Hire
Inctv.
Qualf.
Avg.
Per'..
_
'Rate
Rate
Rate
'Rate
Rate
'Rate
6
3.233
258.69
274.15
289.12
304.06
321.50
7
3.296
263.69
282.62
296.58
314.00
331.96
8
3.427
274.1E
289.12
304.06
321.50
340.96
9
3.533
282.62
296.58
314.00
331.96
351.42
10
3.613
289.12
304.06
321.50
340.96
360.38
11
3.707
296.58
314.00
331.96
351.42
371.35
12
3.800
304.06
321.50
340.96
360.38
382.31.
13
3.925
314.00
331.96
351.42
371.35
391.31
14
4.018
321.50
340.96
360.38
382.31
402.77
15
4.149
331.96
351.42
371.35
391.31
412.23
16
4.261
340.96
360.38
382.31
402.77
424.19
17
4.392
351.42
371.35
391.31
412.23
436.15
18
4.504
360.38
382.31
402.77
424.19
448.62
19
4.641
371.35
391.31
412.23
436.15
463.08
20
4.778
382.31
402.77
424.19
448.62
477.04
21
4.891
391.31
412.23
436.15
463.08
490.46
22
5.035
402.77
424.19
448.62
477.04
502.46
23
5.152
412.23
436.15
463.08
490.46
516.412
24
5.302
424.19
448.62
477.04
502.46
532.36
25
5.451
436.15
463.08
490.4E
516.42
547.81
26
5.607
448.62
477.04
502.46
532.36
563.77
27
5.788
.463.08
490.46
516.42
547.81
579.23
28
5.963
477.04
502.46
532.36
563.77
595.15
29
6.130
490.46
516.42
547.81
579.23
610.62
30
6.280
502.46
532.36
563.77
595.15
627.08
31
6.455
516.42
547.81
579.23
610.62
645.50
32
6.654
532.36
563.77
595.15
627.08
663.46
6.847
547.81
579.23
610.62
645.50
7.047
563.77
595.15
627.08
663.46
7.240
579.23
610.62
645.50
7.439
595.15
627.08
663.46
7.631
610.62
645.50
7.838
627.08
663.46
8.068
645.50
8.293
663.46
Resolution
Page Three
No. .58-76
SALARY RANGES AND
STEP SCHEDULE
FOR FIRE
EMPLOYEES
WITHIN
CLASSIFICATION PLAN
7%
1
2
3
4
5
Nrml.
First
Full
Abv.
Otsdg.
Range
Hrly.
Hire
Inctv.
Qualf.
Avg.
Perf.
Rate
Rate
Rate
state
Mate
-Rate
20
4.735
378.78
399.03
420.26
444.46
472.61
21
4.846
387.67
408.41
432.12
458.78
485.94
22
4.988
399.03
420.26
444.46
472.61
497.80
23
5.105
408.41
432.12
458.78
485.94
511.62
24
5.253
420.26
444.46
472.61
497.80
527.43
25
5.401
432.12
458.78
485.94
511.62
542.74
26
5.556
444.46
472.61
497.80
527.43
558.54
27
5.735
458.78
485.94
511.62
542.74
573.85
28
5.908
472.61
497.80
527.43
558.54
589.65
29
6.074
485.94
511.62
542.74
573.85
604.96
30
6.222
497.80
527.43
558.54
589.65
621.26
31
6.395
511.62
542.74
573.85
604.96
639.53
32
6.593
527.43
558.54
589.65
621.26
657.31
6.784
542.74
573.85
604.96
639.53
6.982
558.54
589.65
621.26
657.31
7.173
573.85
604.96
639.53
7.371
589.65
621.26
657.31
7.562
604.96
639.53
7.766
621.26
657.31
7.994
639.53
8.216
657.31
SALARY
RANGES AND
STEP SCHEDULE
FOR MANAGEMENT
EMPLOYEES WITHIN
CLASSIFICATION
PLAN
33
6.660
532.86
563.48
593.60
627.68
664.22
34
6.852
548.17
578.79
609.90
644.96
683.48
35
7.043
563.48
593.60
627.68
664.22
701.76
36
7.234
578.79
609.90
644.96
683.48
722.00
37
7.420
593.60
627.68
664.22
701.76
742.74
38
7.624
609.90
644.96
683.48
722.00
763.98
39
7.846
627.68
664.22
701.76
742.74
785.22
40
8.062
644.96
683.48
722.00
763.98
41
8.303
664.22
701.76
742.74
785.22
42
8.544
683.48
722.00
763.98
43
8.772
701.76
742.74
785.22
44
9.025
722.00
763.98
45
9.284
742.74
785.22
46
9.550
763.98
47
9.815
785.22
I.
•
•
Resolution
No. 58-76
Page Four
SALARY RANGES AND
STEP
SCHEDULE FOR
POLICE
EMPLOYEES WITHIN
CLASSIFICATION PLAN
6.45%
1
2
3
4
5
Nrml.
Frt
Full
Abv.
Otsdg.
Hrly.
Hire
Inctv.
Qualf.
Avg.
Perf.
Range
Rate
Rate
Rate
Rate
Rate
Rate
20
4.710
376.83
396.98
418.10
442.18
470.18
21
4.821
385.68
406.31
429.89
456.42
483.45
22
4.962
396.98
418.10
442.18
470.18
495.24
23
5.079
406.31
429.89
456.42
483.45
508.99
24
5.226
418.10
442.18
470.18
495.24
524.72
25
5.374
429.89
456.42
483.45
508.99
539.95
26
5.527
442.18
470.18
495.24
524.72
555.67
27
5.705
456.42
483.45
508.99
539.95
570.90
28
5.877
470.18
495.24
524.72
555.67
586.62
29
6.043
483.45
508.99
539.95
570.90
601.85
30
6.190
495.24
524.72
555.67
586.62
618.07
31
6.362
508.99
539.95
570.90
601.85
636.24
32
6.559
524.72
555.67
586.62
618.07
653.93
6.749
539.95
570.90
601.85
636.24
6.946
555.67
586.62
618.07
653.93
7.136
570.90
601.85
636.24
7.333
586.62
618.07
653.93
7.523
601.85
636.24
7.726
618.07
653.93
7.953
636.24
8.174
653.93
SECTION 1. Classifications and Ranges. The classes of positions
shall each have the monthly salary ranges shown opposite the title in
this section.
Classes Range
Clerical, Fiscal, Secretarial and Related Classes
Administrative Secretary/Deputy City Clerk
18
Account Clerk II
14
Secretary
14
Stenographer
11
Typist Clerk III
11
Clerk -Dispatcher
11
Account Clerk I
10
Typist Clerk II
9
Typist Clerk I
6
Professional, Technical and Related Classes
Building Inspector 31
Civil Engineering Assistant 26
Recreation Supervisor 22
Resolution No.58-76
Page Five
Public Works and Related Classes
Maintenance Supervisor
Water Quality Control Superintendent
Chief Harbor Patrol Officer
Maintenance Leadworker
Wastewater Treatment Plant Operator
Harbor Patrol Officer
Maintenance Worker III
Mechanic
Wastewater Treatment Plant Operator
Maintenance Worker II
Maintenance Custodian
Maintenance Worker I
II
3
SECTION 3. Rules Governing Step Increases
Range
29
29
27
21
21
21
19
19
18
17
15
13
A. The following rules shall govern step increases for all
permanent employees hired hereafter and for position
classifications under Section 2 above:
(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 require-
ment for such advancement by the department head and approved by
the Administrative Office. The first ,six months, regardless at
which step employment begins, is the probationary 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 quali-
fied, experienced, and ordinarily conscientious employee may expect
to be paid after a reasonable period of satisfactory 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 advancement 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:
Resolution No. 58-76
Page Six
(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 employment shall be as follows:
(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 employee, regardless
of the hiring step, shall be considered as a probationary period.
SECTION 4. Schedule of Salaries for Employees Positions Not
Included In the "Positions Classification Plan
A. Appointed Officers
City Clerk
City Treasurer
$ 1.00 per month
$ 1.00 per month
B. Miscellaneous Employee Classifications
Part-time Help
School Crossing Guard $ 2.80 per hour
Extra Help Minimum hourly rate
for classification
Summer - Temporary Help
Recreation
Coordinator
$
3.32
per
hour
Recreation
Specialist (Sr.Cit.)$
2.77
per
hour
Recreation
Spec. (Tiny Tots)
$
2.77
per
hour
Recreation
Leader I
$
2.62
per
hour
Recreation
Leader II
$
2.77
per
hour
Lifeguard
$
2.52
per
hour
Reserve Firemen
Captains
Engineers
Firemen
Police Reserves
Overtime Pay
$ 35.00 per month
$ 32.50 per month
$ 30.00 per month
plus $5.00 emergency
response
$ 2.20 per hour
All employees, except
management classes,
overtime computed
at straight hourly
rates.
Resolution No. 58-76
Page Seven
On motion by Councilman Brown and seconded by
Councilman Shelton , 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, Pipitone, Rowland and Shelton; Mayor Mitchell
NOES: None
ABSENT: None
ADOPTED: August 23, 1976
DALE C. MITCHELL, Mayor
ATTEST:
k4dzu—��
ml U.' WARDEN, City Clerk
0 0
RESOLUTION NO157-76
RESOLUTION SETTING THE TAX RATES AND APPORTIONMENTS
FOR THE FI$LAL YEAR 1976-77
T H E C I T Y C 0 U N C I L
City of Morro Bay, California
WHEREAS, the Final Budget of the City of Morro Bay for
the fiscal year 1976-77 has been approved and adopted by
Resolution No.54-76 on August 9, 1976; 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 preliminary
assessed valuation of $55,999,922.00.
NOW, THEREFORE, BE IT RESOLVED that the total tax rate on
taxable property within the City of Morro Bay for the fiscal year
1976-77 be and is hereby fixed at $1.00 on each $100.00 of assessed
valuation as established for city tax purposes and which is shown
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 Brown 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, Pipitone, Rowland and Shelton -and
Mayor Mitchell
NOES: None
ABSENT: None
ADOPTED: August 23, 1976
DALE C. MITCHELL, Mayor
ATTEST:
MUYRAY Y. IWARDENf City Clerk
RESOLUTION NO, 56-76
RESOLUTION APPROVING WORK STUDY PROGRAM AGREEMENT
BETWEEN SAN LUIS OBISPO COUNTY COKMU14ITY COLLEGE DISTRICT
AND THE CITY OF MORRO BAY
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 the certain document entitled "Work
Study Program Agreement" by and between the City of Morro Bay and
the San Luis Obispo County Community College District, Cuesta
College, 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 Brown and seconded by
Councilman Shelton , the Morro Bay City Council hereby adopts the
foregoing proposed resolution in its entirety on the following roll
call vote:
AYES: Councilmen Brown, Pipitone, Rowland and Shelton; Mayor Mitchell
NOES: None
ABSENT: None
ADOPTED: August 23, 1976
6,&c 2A, A"
DALE C. MITCHELL, Mayor
ATTEST:
9W 44;
`MU
,ARAY/t. WARDEN, City Clerk
AGREEMENT
This Agreement, made and entered into this jSj_ day
of; July 1 1976, by and between San Luis Obispo
County Community College DistrAct, a political subdivision
of the State of California, hereinafter called "College",
and City of Morro Bay , a political subdivision
of the State of California, hereinafter called "Agency":
WITNESSETH:
WHEREAS, College is the administering body of a College
Work Study Program established under Title 1, Part C of the
Economic Opportunity Act of 1964; and
WHEREAS, Agency is a public organization within the
terms of said Act; and
WHEREAS, it is in the public interest that a Work Study
Program be carried by College and Agency under said Act.
I
NOW, THEREFORE, in consideration of the mutual covenants,
conditions, promises and agreements herein set forth, College
and Agency, the parties hereto, hereby mutually covenant and
agree as follows:
1. College and Agency shall cooperate in carrying out
a Work Study Program pursuant to Title 1, Pa.rt C of the
Economic Opportunity Act of 1964.
2. College s,hall, in accordance with paragraph 3
hereinafter set forth, refer and make available to students
I
to Agency during the school year 1976-77 for participation
in said Work Study Program and for performance of specified
work assignments, and said students are hereinafter referred
to as "Participants"
3. Agency shall from time to time inform College
as to the number of Participants required by Agency; Agency
shall designate the times and places where Participants
shall report; Agency shall provide work to Participants
and in so doing, Agency shall provide supervision, necessary
equipment, materials, and tools; but transportation of Parti-
cipants to and from such work assignments shall not be provided
by either College or Agency.
4. The parties hereto agree that not withstanding
any of the provisions of this Agreement, Participants partici-
pating in said Work.Study Program shall not by reason thereof ,
be deemed employees of Agency for any purpose, and all said
Participants shall be deemed College employees for all purposes.
5. Participants participating in said Work. Study
Program shall not by reason thereof be deemed employees
of the United States or the federal civil service, for any
purpose.
6. There shall be no restriction on the type of work
performed by Participants under this Agreement, with exceptance
of the following:
-2-
0
a. Work shall not result in the displacement
of employed workers or impair existing service contracts;
b. Work shall, not involve the construction,
operation, or maintenance of facilities for sectarianinstruc-
.t ion or for religious worship.
C. No work shall involve political activity.
d. Agency agrees th-at no Participa . nt shall be
subjected to different treatment under this Agreement on
the grounds of race, color, nationality or sex, and tha . t
Agency will comply with the provisions of the Civil Rights
Act of 1964 and the regulations thereunder.
e. The said Work Study Program shall be operated
at all times in full conformity with all federal, state
and local laws and regulations and in a manner not resulting
in exploitation of such Participants.
f. Participants shall not work in excess of
a 40 hour week.
7. College shall defend, indemnify and hold harmless,
Agency and its offi cers , agents and empl oyees from any and
all claims, demands, liability, causes of action, judgments,
costs and expenses in any way arising out of this Agreement
or out of any act s or failure to act by College pursuant
to this Agreement.
8. College shall obtain and keep in force at all
times during the term of this Agreement, public liability
-3-
0 0
and property damage insurance naming Agency as the co-insured
in a'mounts satisfactory to Agency, and said public liability
and property damage insurance shall be deemed the primary
insurance coverage for said purposes insofar as Agency is
concerned.
Compensation for ser0ces provided by Participants
under this Agreement shall be $2.30 per hour for the first
year of employment and $2.40 per hour for the second year
of employment. College shall pay said compensation directly
to the Participants, and Agency shall reimburse College
monthly fo r 20 percent of the compensation paid by College
to Participants. Agency shall do all necessary timekeepinq
for accounting purposes, and within 15 days after the end
of each month, Agency shall forward to College copies of
said timekeeping records accompanied by a warrant payable
to College for the amount due from Agency to College for
such Participants at the rates hereinabove set forth.
10. College shall obtain and keep in force at all
times during the term of this Agreement, Workmen's Compensation
Insurance covering all Participants; and in addition to
the 20 percent which Agency agrees to reimburse College
as stated hereinabove in this Agreement, Agency shall also
pay, by way of reimbursement to College, an amount equal
to any and all payments required to'be made by College under
State or local Workmen's Compensation laws, federal or State
-4-
Social Security laws, or any other applicable laws of such
types on behalf of Participants participating in projects
under this Agreement.
11. The term of this Agreement shall be for the 19 -
school year.
12.. Neither party hereto shall assign or transfer
this Agreement or any part thereof without the prior written
consent of the other party.
13. In the event either party to -this Agreement violates
any term or condition of this Agreement at any time, then
the other party hereto may terminate this Agreement by giving
to the violating party thirty (30.) days written notice of
intent to terminate this Agreement provided the violating
party does . not rectify such violation in full during said
thirty (30) day period.
14. This Agreement shall be binding on the successors
and assigns of both parties hereto.
IN WITNESS WHEREOF, College and Agency, the parties
hereto, have executed this Agreement on the day and year
first hereinabove in this Agreement set forth.
SAN LUIS OBISPO COUNTY COMMUNITY
COLLEGE DISTRICT
"'� - 1, Ott,
By:
(/Chairman of t
/of -'San Luis C
bommun 161
V Y
5- 11
h'k Board'ot irustees
b-i`sj�P C o u n ty
lege District)
0
APPROVED AS TO FORM
AND LEGAL EFFECT:
ROBERT N. TAIT
District Attorney
By:_ J
ATTEST:
By:
(Chairman of the
'Deputy District Attorney
CITY OF MORRO BAY
&AC2nA4&
DALE C. MITCHELL, Mayor
M-2
RESOLUTION NO. 55-76
RESOLUTION APPROVING SUBMISSION OF CITY OF MORRO BAY
ANNUAL TRANSPORTATION CLAIM PURSUA14T 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 1976/77, dated August 9, 1976, copies of which are attached
hereto, is hereby approved by the Morro Bay City Council; and
BE IT FURTHER RESOLVED that
and directed to sign said claim
of the City of Morro Bay; and
BE IT FURTHER RESOLVED that
forwarded to the San Luis Obispo
Coordinating Council.
.the Mayor is hereby authorized
and attachments for and"on behalf
said claim and attachments be
County and Cities Area Planning
On motion by Councilman Brown and seconded by Councilman
Shelton , 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, Pipitone, Rowland and Shelton
NOES: None
ABSENT: Mayor Mitchell
ADOPTED: August 9, 1976
-,1MWN-,r Mavbr- Pro Tem
,DONALD H. 'I -
ATTEST:
xr� Av�
MURW�� L ��RDEN, City Clerk
a
TPA-1
SLOAPC
ANNUAL TRANSPORTATION CLAIM
I
TO: San Luis Obispo County & Cities Area
Planning Coordinating Council
Rm 102 Courthouse Annex
San Luis Obispo, Calif. 93401
rROH: Applicant: _ City of Morro Bay
Address: 595 Harbor Street
City: Morro Bay, California 7,ip: 93442
Contact Person: MURRAY L. WARDEN Phone: 772-2212
CitY Clerk/Administrator
The � City of Morro Bay hereby requests, in accordance with
ChapteiZ 14009 Statutes 1971 and applicable rulac and regulations, that
its annual transportation claim be approved in the amount of $80,240.10
for fiscal year 1976477, to be drawn from the local transportation
fund of the County of San Luis ObisDo .
When approved$ please transmit this claim to the County Auditor of
the County of San Luis Obispo, for payment. Approval of the claim
and payment by the County Auditor to this applicant is subject to such
monies bei ng on hand and available for distribution, and to the pro-
Visioris that such monies will be used only in accordance with the
terms of the approved annual financial plan.
APPROVED:
San Luis Obispo County E Cities Area
Planning Coordinating Council
Title
Date
CITY OF MORRO BAY
APPLICANT
DONALD H. BROWN
Title mayor Pro Tem
Data -August 9,
TPL-2
SWAPC
AMWAL PROJECT mm rriNANCTAL MAN
(Use additional �Iorms as nccossary)
Briefly describe all proposed projccts and indicate proposed expendi-
tures of your jurisdiction for the ensuing fiscal year
for right-of-way
acquisition and construction of local streets and roads,
including
facilities provided for the exclusive use by pedestrians
and bicycles.
Give each project a title and number in sequence.
is this a
major new
Project Title and
facility?
Project
Sources of
Brief Description
Yes or No
cost
Fundinq
73,372.00 UMTA
Gran
33,318.14(SB 325'
Dial -A -Ride Public Transportation
Yes,
$189,040.00
FY 72-73)
System. Implementation, Capital
46,798.24(SB 325
Improvements and First Year
FY 73-74)
Operation and Maintenance.
26,964.74(SB 325
FY 75-76)
81586.88(SB 325
FY 76-77)
2
71,653.22(SB 325
Dial -A -Ride Public Transportation
No
$ 86,876.00
FY 76-77)
System. Second Year Operation and
10,925.00(Fares)
Maintenance.
4,297.78(General
Fund),
J 3
# 4
(cont I d)
-7-
Is thin a
major new
-Project Titlo and
facility?
Project
Sourc es of
]3rief Description
Yon or 170
Cost
runding
Ir
a, A�plicantls total proposed annual expenditures
of all funds for riSht-oi-wav acquisition
construction of streets, pedestrian walk ways
and bike paths -, and transit systems. 457,306.-00
b, Annual Transportation Claim 80,240.10
ca % of Claim (b)*of Total (a) 17.55
d. If Claim is more than 5W� of 'total proposed
annual expenditures please justify:
(CctnL
Driefly doscribe thL- stntus of current fiacal year. anwal. tranceportaii.
-oJcc- propr6ss to date-, and.b) neomo and
tion'claim ificludin": a) pz
-axp.qnditvrcs to date. In ralditio-n� provide a ??r0JQct-'O1% Of a and 10.
abova to July 1. Prelimi6ary surveyIng has bee'n completed and plans and
specifications for Federal Aid Urban Project (Beachcomber, Yerba Buena &
Java) are now being reviewed. The total estimated cost is $ 153f140.00 Of
which $24,,50'0.00 is SB325 money.
The Dial-A-Rid6 Public Transportation System claim has been filed with..
UMTA. Present estimated first year cost is $189,040.00 4. Second year costs
are estimated to be $86,876.00.
SB325 Funds received to date are $33*,318.14 from*the FY72/73 claim,
$46,798.24 from the FY73/74 claim, $34,275.97 from the FY74/75 claim and
$60,464.74 from the FY75/76 claim making a total of $174,.857.09 receipts.
To date $:7�,'165'.50 has been expended for prelimf ' nary., engi.neeri.ng on the
FAU project leaving an. 'unexpended balance of $ 167, 69 1.59.
CERTIFIED:
DONALD H. BROWN
OX:Ltla Mayor Pro Tem
August 9, 76 1,
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RESOLUTION NO. 54-76
RESOLUTION APPROVING AND ADOPTING
A BUDGET FOR THE FISCAL YEAR 1976-77
T H E C I T Y C 0 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 1976-77", is hereby approved and adopted as the Final
Budget for Expenditures for the City of Morro Bay for the
Fiscal Year 1976-77.
On motion by Councilman Brown 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, Pipitone and Rowland
NOES: Councilman Shelton
ABSENT: Mayor Mitchell
ADOPTED. August 9, 1976
_�DoffAfD k,.,1BAowNy_A&- - Pro -em
ATTEST:
Z� �_
'M��Y,�.WARDEN, City Cle—rF—
E
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RESOLUTION NO. 53-76
RESOLUTION APPROVING AGREEMENT WITH
MORRO BAY SENIOR CITIZENS, INC.
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 the agreement by and between the
City of Morro Bay and the Morro Bay Senior Citizens,
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 same by the
Morro Bay Senior Citizens, Inc.
On motion by Councilman Pipitone and seconded
by Councilman Shelton , 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, Pipitone, Rowland and Shelton
NOES: None
ABSENT: Mayor Mitchell
ADOPTED: August 9, 1976
DONALD.H. BROWN, Mayor Pro Tem
ATTEST:
AO-J,oar�
M. V� WARDEN, City Clerk
ACKNOWLEDGMENT AND AGREEMENT
2
This Acknowledgment and Agreement is entered into this 9th
4 day of Aug. , 1976, by and between the City of Morro Bay a munici
5 pal corporation, hereinafter called CITY and Morro Bay Senior
6 Citizens, Inc., a non-profit California corporation hereinafter
7 called CORPORATION.
8 WHEREAS, CORPORATION has furnished a copy of their Articles
9 of Incorporation and has taken the necessary steps to elect
10 officers and has authorized execution of this Agreement; and
11 WHEREAS, CORPORATION has requested the City Council of CITY
12 to make a grant of funds to CORPORATION for the purpose of enablin
13 CORPORATION with such grant and other funds raised by CORPORATION
14 to continue providing transportation service to Morro Bay senior
15 citizens; and
16 WHEREAS, public transportation is not available at this time
17 both within the City limits and between Morro Bay and San Luis
18 Obispo; and
19 WHEREAS, the cost of private transportation for these purposes
20 is not within the means of said senior citizens and other needy
21 persons; and
22 WHEREAS, CORPORATION has a dire need to continue mini -bus
23 services to those Morro Bay senior citizens who depend upon this
24 type of transportation; and
25 WHEREAS, the City Council of CITY, being aware of all the cir-
26 cumstances set for-th hereinabove and recognizing the public purpos
27 being served by CORPORATION in this activity, grants to CORPORATIO
28 the sum of $1,250.00 in order to continue the present level of
29 service to Morro Bay senior citizens.
30 NOW, THEREFORE, CORPORATION does hereby acknowledge receipt of
31 the sum of $1,250.00 from CITY and said CORPORATION does hereby
32 jagree as follows:
I
1 1. Paid $1,250.00 received by CORPORATION shall be used for
2 the expenses of operating the transportation for Morro Bay senior
3 citizens.
4 2. The total responsibility and liability for the use of
5 said mini -bus is that of the CORPORATION.
6 3. CITY has no legal interest in said mini -bus and has no
7. responsibility for its use.
8 4. CORPORATION will provide CITY an accounting of the
9 $1,250.00 utilized in the Fiscal Year 1976-77 with such accounting
10 to be provided to CITY not later than August 31, 1977.
11 IN WITNESS WHEREOF this Agreement is executed this day of
12 1976.
13 CITY OF MORRO BAY, a municipal
corporation
14
15
TCI+ELL, May6r
16 ATTEST:.
17
19 M. L. WARDEN, City Clerk
20 MORRO BAY SENIOR CITIZENS, INC.
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,D-resident
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25 Secretary
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RESOLUTION NO. 52-76
RESOLUTION APPROVING AGREEMENT WITH
SAN LUIS OBISPO COUNTY HOTLINEf INC.
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 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 same by the San
Luis Obispo County Hotline, Inc.
on motion made by Councilman Pipitone and
seconded by Councilman Shelton , the City Council of
the City of Morro Bay hereby ad6pts in its entirety
the foregoing proposed resolution on the following roll
call vote:
AYES: Councilmen Brown, Pipitone, Rowland, and Shelton
NOES: None
ABSENT: Mayor Mitchell
ADOPTED: August 9, 1976
DONALD H. BROWN, Mayor Pro Tem
ATTEST:
WARDEN, City Clerk
I _A_G_R E_E_M_E_N_T_
2 THIS AGREEMENT, date / 0 -03 7 G for the convenience of
3 the parties hereto, is between the CITY OF MORRO BAY, a municipal
4 1corporation referred to herein as "City", and SAN LUIS OBISPO
5 ICOUNTY HOTLINE, INC., a non-profit corporation referred to herein
6 as "Hotline".
7
W I T N E S S E T H:
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WHEREAS, Hotline has
requested
City to contribute to Hotline'-
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public service program of
providing
counseling and referral servicE
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to persons residing within
the City,
hereby serving both a public
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and a municipal purpose:
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NOW, THEREFORE, City
and Hotline, for and in consideration of
13 Ithe mutual benefits, promises and agreements set forth herein, do
14 jagree as follows:
15 11 1. Hotline agrees to continue its counseling and referral
16 11service program on a regular basis for the period July 1, 1976,
17 lithrouqh June 30, 1977.
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2. City
agrees to
pay Hotline the total sum of
One Hundred,
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Twenty Dollars
($120.00)
for services provided during
said period,.
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payable at the
rate of Ten Dollars ($10.00) per month
on or before
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the last day of
each and
every_month, commencing July
31, 1976, and
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Icontinuing through
June
30, 1977.
23 3. On or before March 31, 1977, Hotline will provide City
24 with a detailed statement of the types of services provided to
25 ICity residents and the number of City residents provided with such
26 services during the period July 1, 1976, through January 31, 1977
27 4. Hotline and all of its agents, representatives, and
28 participants in any manner in the performance of Hotline's obliga-
29 tions and duties -hereunder shall be employees, independent con-
30 tractors orvolunteers for Hotline and shall not for any purpose
31 be considered as employees or agents of City. Hotline agrees to
32 hold City harmless and to defend the City in any action, proceedinc
F4
0 -2- 1 0
I or hearing wherein the cause of action or claim is based upon an
2 allegation that any person acting on behalf of Hotline is an
3 employee or agent of the City, including, without limitation, all
4 actions and claims based upon contract, tort, or statutory provi-
5 sions.
6 5. For the purposes of notice under this Agreement, all
7 notices shall be considered effective upon being sent by certified
9 mail to the following addresses:
9 City: City Clerk
595 Harbor Street
10 Morro Bay, Ca. 93442
11 Hotline: San Luis Obispo County Hotline, Inc.
P. 0. Box 654
12 San Luis Obispo, Ca. 93406
13 IN WITNESS WHEREOF, the parties hereto have executed this
14 Agreement by their proper officers duly authorized, as of the date
15 indicated.
16 CITY OF MORRO BAY
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18 Dated: &Y
MITCHELL, MayorL
19
ATTEST:
20
21 Vk
22 M'.,L: WARDEN, City ClerF-
23 SAN LUIS OBISPO COUNTY HOTLINE, INC.
2.4
25 Dated: X&412-� w3O 1179 By: J/3-(-
-/,f
I Cnairman
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By: 42�0- 04tc4l�
28 Treasurer
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RESOLUTION NO., 51-76
RESOLUTION DIRECTING THAT THE UNPAID CHARGES
FOR WEED ABATEMENT BE FORWARDED TO
THE COUNTY AUDITOR FOR INCLUSION ON
THE 1976-77 TAX ROLLS
T H E C I T Y C 0 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 1976-77 tax rolls.
On motion by Councilman Pipitone and seconded by Councilman
Shelton , the Morro Bay City Council hereby adopts the fore-
going proposed resolution in its entirety on the following roll
call vote:
AYES: Councilmen Brown, Pipitone, Rowland, and Shelton
NOES: None
ABSENT: mayor Mitchell
ADOPTED: August 9, 1976
DONALD H. BROWN, Mayor Pro Tem-
I
ATTEST:
M11ARAY K. WA City Clbrk
V
RESOLUTION NO. 56-76
RESOLUTION APPROVING AND ADOPTING AN INTERIM
BUDGET FOR THE FISCAL YEAR 1976-77
T H E C I T Y C 0 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 conforming to a budget
I
approved by ordinance or resolution need not be audited by the City
Council prior to payment.
NOW, THEREFORE, BE IT RESOLVED that the certain document entitled
"Interim B�udget,City of Morro Bay, Fiscal Year 1976-77" dated July
12, 1976, is hereby adopted as an interim budget for the City of
Morro Bay for Fiscal Year 1976-77, pending final adjustments for
personnel costs resulting from agreements with employee associations.
On motion by Councilman Brown and seconded by Councilman
Rowland , the Morro Bay City Council hereby adopts the fore-
going proposed resolution in its entirety on the following roll call
vote:
AYES: Councilmen Brown, Pipitone, Rowland, Shelton and Mayor
Mitchell
NOES: None
ABSENT: None
ADOPTED: July 12, 1976
DALE C. MITCHELL, Mayor
ATTEST:
M./L. WARDEN, City Clerk
RESOLUTION NO. 49-76
RESOLUTION APPROVING AGREEMENT
WITH MORRO BAY CHAMBER OF COMMERCE
FISCAL YEAR 1976-77
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 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 by Councilman Brown and seconded
by Mayor -Mitchell , 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, Rowland�and_Mayoi�. Mitchell
NOES: Councilmen Pipitone and Shelton
ABSENT: None
ADOPTED: July 12, 1976
DALE C. MITCHEEL, Mayor
ATTEST:
M. L. WARDEN, City Clerj�_
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_A_G_R_E_E_M_E_N_T_
This Agreement, effective July 1, 1976, is entered into by
and between the City of Morro Bay, a municipal corporation, he
after referred to as CITY, and the Morro Bay Chamber of Commerce,
a non-profit corporation, hereinafter referred to as CHAMBER.
WHEREAS, CITY desires to promote its advantages as a business�
industrial, recreational, and residential center; disseminate
information relative thereto; and properly follow-up and give con.-
sideration to inquiries made from time to time relative to the
various activities of CITY and 'its possibilities; and
WHEREAS, CITY desires CHAMBER to perform certain promotional
and other services for CITY, which CITY believes will be of great
advantage and benefit to CITY, and the citizens, residents, pro -
owners, and taxpayers thereof, and will promote the general
are; and
WHEREAS, CHAMBER is organized for such promotional activities
behalf of CITY and is in a position to accomplish such aims and
of CITY in an efficient and economical manner; and
WHEREAS, the provisions of the Government Code of the State
authorize -the expenditure of public funds by a munici
corporation for advertising or publicity as therein and herein
24 11 NOW,
, in consideration of the premises and convenan
25 and promises hereinafter set forth, the parties hereto hereby ag
26 as follows:
27 1. That the foregoing recitals are true and correct and
-2� constitute accurate statements of fact herein.
29 2. CHAMBER will maintain a public office to be identified
30 a suitable sign that will be readily identifiable by members of
31 public,. and will provide information to visitors, business,.and
32 11professional people. A staff member ormembers of the CHAMBER will
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be ; available daily during regular office hours, Monday through
Friday.
(a) CHAMBER will employ a geheral manager and such
secretarial help as will be necessary to adequately carry out the
office duties of the CHAMBER.
(b) It is agreed that the compgnsation received from
CITY may be used to partially defray the operating expenses of
CHAMBER, and that all expenditures from these funds shall be sub-
ject to audit by CITY. The books of CHAMBER shall be open to
inspection by CITY at any time.
(c) CHAMBER shall supply maps and promotional literatur
about Morro Bay and will maintain files on economic conditions,
industrial sites, ind general business information about the
community. CHAMBER will be responsible for updating published
information included in Chamber of Commerce literature. These
materials will be available to visitors and potential industrialis
who are seeking information.
(d) CHAMBER will also maintain a library of literature,
business.' and telephone directories fdr public use.
(e) CHAMBER will assist in the promotion of community
events such as "Rock-O-Rama" and other celebrations and festivitie
attracting visitors to the areas. It shall be a goal of CHAMBER
to attract conventions and conferences to CITY and to assist them
in making arrangements during their stay.
(f) in all activities, CHAMBER shall be a public infor-
mation agency disseminating information and creating good will and
advancing the development of CITY and its trading and tourist area
CHAMBER furthermore agrees to cooperate in carrying forward commun
research studies and to assist in establishing trends for future
development.
(g) CHAMBER will carry on such other duties as may be
mutually agreed upon by the parties hereto to promote the business
y
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I lindustrial, and residential development of CITY.
2 3. , CHAMBER will obtain and maintain in full force and
3 during the term of this Agreement, liability insurance protecting
4 CITY against claims and demands resulting from injuries to persons
5 and property upon premises maintained by CHAMBER, during CHAMBER-
6 sponsored activities and events wherever situated; said insurance
7 policy to be in form, amount, and issued by companies satisfactory
g to CITY. Within ten (10) days of the date of the last of the
9 signatories executes this Agreement, CHAMBER will submit to CITY
jo evidence of such insurance.
11 4. CITY shall pay to CHAMBER twenty-five (25) percent of
12 the transient occupany tax receipts, not to exceed $30,000 for the
13 fiscal year 1976-77, for the furnishing of said_services and upon
14 the following conditions:
(a) Payments shall be made at the convenience to CITY
16 and all payments are subject to prior approval of the City Council
17 (b) None of the funds furnished by CITY hereunder shall
18 be.used for printing costs for materials advertising any private
19 business or enterprise.
20 (c) CHAMBER shall provide to CITY a quarterly financial
21 condition report in form and content as agreed to by CITY and
22 CHAMBER. The first such report shall be due for the Fiscal Year
23 1976-77 quarter ending September 30, 1976, by no later than the
24 15th calendar day of the following month and such report shall be
25 submitted for each quarter thereafter. No payments shall be paid
26 Ito CHAMBER until after receipt and approval by City Treasurer of
2.7 said report. Payments shall be made by the 45th calendar day
28 following each quarter based upon percent of Occupancy Tax receive
29 by CITY. Supplemental payment(s) may be made based on delinquent
30 Occupancy Taxes received, if any.
31 5. CITY shall have the right to audit said account at -'any
32 time or from time to time.
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6. CITY reserves the right to award separate bids for more
specific advertising or promotional projects approved by the City
Council during the term of this Agreement.
7. In the event, in the opinion of the majority of the
entire City Council, CHAMBER is not functioning effectively, then
CITY may give CHAMBER notice of this fact, specifying in detail
the alleged default or defaults, and CHAMBER must forthwith correc
said default or defaults, or the provisions in this Agreement for
financial sponsorship of CHAMBER may be terminated by action of th
majority of the City Council.
IN WITNESS WHEREOF, the parties hereto have caused this Agree-
ment to be executed in duplicate on the dates indicated below.
CITY OF MORRO BAY
Dated:
DALE C. MITCHELL, Mayor
ATTEST:
M.'L.:WARDEN, City ClerV
Dated: lrt'2�� ;�("— / --) ) �
V
MORRO BAY CHAMBER OF COMMERCE
Pzesident,') J)
ezl')
ry
RESOLUTION NO. 48-76
RESOLUTION APPROVING GRANT OF USE PERMIT
AGREEMENT TO FRIENDS OF ROANDOAK
T H E C I T Y C 0 U N C I L
The following resolution is hereby proposed:
RESOLVED, that that certain document entitled "Use
Permit Agreement" between the City of Morro Bay and the
Friends of Roandoak, 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 Brown and seconded by
Councilman Shelton , the Morro Bay City Council hereby
adopts the foregoing proposed resolution in its entirety
on the following roll call vote:
AYES: Councilmen Brown, Pipitone, Rowland, Shelton and
Mayor Mitchell
NOES: None
ABSENT: None
ADOPTED: July 12, 1976
101e,&ej- zyZ�Ze—
DALE C. MITCHELL, Mayor
ATTEST:
M.'ff. WARDEN, City Clerk
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USE PERMIT AGREJ�MENT
.The City of Morro Bay, a municipal corporation of the State
of California (hereinafter called CI TY) hereby grants to Friends
of Roandoak (hereinafter called PERMITTEE) the right to user on
the terms and conditions hereinafter set forth, that property of
the City of Morro Bay, located within the County of San.Luis
Obispo, State of California, and described as follows:_
Use of City Property described as "Boone
Ranch Wellsite", as shown on attached map
marked Exhibit "A", and pursuant to the
conditions and restrictions set forth below.
1. Whenever the term "City" is used.in this document it re-
fers to the City of Morro Bay and whenever the terAn "Permittee" is
usea it refers to the party proposing to use the subject property..
2. Subject property is situated adjacent to Chorro Creek
Road approximately one (1) mile southeast of Morro Bay and consistsi
of approximately five (5) acres of undeveloped land except fox
City Well No. 12, including electrical lines and underground pipe
line.
3. The term of this -Use Permit shall be from August 1, 1976,
�o and including Zrune-30, 1977. Lease may be renewed on a year to
,ear basis subject to the conditions set forth herein and willing-
iess of CITY to negotiate an extension.
4. As considerationfor the rights and privileges granted -'--o
'ERMITTEE hereto, PERMITTEE shall pay to CITY the sum�of One Hundre
Tert-.- Dollars ($'110.00) during the term of this agreement. The
UM Of Fifty Dollars ($50.00) shall be due and payable: on August
1976 and the sun, of Si:.ty Dollars ($000.00) shall be due and p-a-i-
.ble on January.-, 1, 1977.
r
Uses contemplated unde�: this lease proposal are gra%ing
livestock,dr., drop production, or racrnational activities.
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I J!Recreational activities shall be such as to preclude alteration to
2 land forms or construction of any structures. PERMITTEE shall
3 ' secure specific CITY approval for each use contemplated.
4 6. Subject property shall hot be used for the storage of
5 material of any nature and PER14ITTEE agrees to maintain the pro-
6 perty so as to present a neat and orderly appearance.
7 7. A fence shall be erected by PER14ITTEE at his expense if
8 livestock are to be Dastured in order to contain said livestock
9 ithin the confines of subject property. Fence shall become pro-'
10 perty of CITY upon expiration of Use Permit.
11 8. PERMITTEE agrees to repair and maintain all fences, both
12 existing and others which may be constructed, in �;uch a condition
13 as to assure the containment of livestock within the confines -of
14 rubject property.
15 9. No irrigation will be permitted on the property.
16 10. No permanent structures of any kind shall be constructed
17 y PERMITTEE.
18 11. Full use of property by CITY shall be retained for main-
19 aining and operating Well No. 12 and any additional well drilling*
20 nd testing, or for any other function deemed necessary by CITY.
21 12. At the expiration of Use Permit, PERMITTEE shall
22 urrender SAID PROPERTY to -CITY in as good condition as it was
23 hen it was originally received by PERMITTEE, reasonable wear
24 xcepted.
25 13. Use Permit shall be granted to PERMITTEE upon the express
26 .1onditions that PERIMITTEE shall keep and hold the CITY free from
27 !Ll 1 liability, expense, and claim for damages by reason of any
28 ;njury or death to any person or persons, including PERMITTEE, or
29 ?roperty of any kind whatsoever and to whomsoever belonging, in--
30 cluding PERMITTEE, from any cause or causes whatsoever during the
31 term of Use Permit or any exte"nsion thereof or any occupancy or
32 Ise hereunder; PE_'RJ,1ITTEE hereby covenantincr and agreeing to in-
-3-
demnify and save CITY harmless from all liability, loss, cost, a
2 obligations on -account of or arising out of any such injuries or
3- losses howsoever occurring.
4 14. CITY shall have the right to enter upon SAID PROPERTY
5 11 at all reasonable hours to examine the same or to make such re-
6 11 pairs or temporary alterations as CITY shall, in its sole discre-
7 11 tion, desire.
8 15. PERMITTEE agrees to take out and keep in force during
9 the life hereof at PERMITTE E'S expense, liability insurance to
16 protect against any liability to any person or persons, including
11 PERMITTEE, resulting from any occurrence in or about or incident
12 to SAID PROPERTY and appurtenant areas in the amount of $100,000
13 to indemnify against the claim of one person; $300,000 against the
14. claim of two or more persons; and $50,000 for property damage.
15 Said policies shall insure the liability of PERMITTEE and the lia-
16 bility, contingent or otherwise, of CITY and such other persons,
17 firms, or corporations as may be designated by CITY. If PERMITTEE
18 does not keep such insurance in full' force and effect., Use Permit
19 may be immediately terminated. PERMITTEE shall provide CITY with'
20 copies or certificates of all of said policies including endorse-
21 ments which state that such insurance 'shall not be cancelled excep
22 after ten days prior written notice to CITY. Each such policy
23 shall be approved as to form and insurance company by CITY.
24 16. Any insurance policy insuring PERMITTEE against claims,
25 expense, or liability'for injury or death to person or property in
26. or about SAID PROPERTY shall provide that the insurer shall not
27 acquire by subrogation any right of recovery which PEMMITTEE has
28 expressly waived in writing prior to the occurrence of the loss.
29 PERMITTEE hereby waives any right of recovery against CITY for any
30 such claim, expense, or liability.
31 17. PEMIITTEE agrees to provide w hatever means are necessarY
32 to prevent contamination of City Well No. 12 or any other well
0
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1
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4
5
6
7
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9
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11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
CITY may construct on the subject property. In the event
PERMITTEE pastures livestock on SAID PROPERTY, this provision
may consist of, but not be limited to, constructing a fence around
any CITY well to prevent direct access by livestock.
CITY OF MORRO BAY
Dated: /C/zz"
ATTEST:
M'.'Ll WARDEN, City Clerk
EFALE C. MITCHELL, Mayor
LESSEE
Daled:
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14
RESOLUTION NO. 47-76
RESOLUTION ACCEPTING WORK AND GIVING NOTICE OF COMPLETION
TRAFFIC LINE STRIPING PROJECT NO. PW75-008-33
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 May 24, 1976
award a contract for Traffic Line Striping Project No.
PW75-008-33, in the City of Morro Bay, California to Safety
Striping Service, Inc., P. 0. Box 725, Fillmore, California,
93015; 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 /
(12th day of July, 1976, 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 mot'lon by Councilman Brown. and seconded by
Councilman �Shelton , the Morro Bay City Council hereby
adopts the foregoing proposed resolution in its entirety on the
following roll call vote:
AYES: Councilmen Brown, Pipitone, Rowland, Shelton, and Mayor
Mitchell
N6ES : � None
ABSENT: None
ADOPTED: July 12, 1976
DALE C. MITCHELL', Mayor
ATTEST:
0-M�Z-�
M. L. WARDEN, City�,,C-lerk
0
CERTIFICATION OF COMPLETICN
The undersigned hereby certifies that the work of Traffic
Line Striping (job No. PW75-008-33) by Safety Striping Service,
Inc., has been inspected and found to comply with the approved
plans and specifications.
It i . s 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: July 2, 1976
40Y
-GEORGE/E. CHRISSAKIS
City Engineer
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 Traffic Line Striping (Job No. PW75-008-33), in the City
of Morro Bay, California has been completed by Safety Striping
Service, Inc. and that said work was accepted as completed on
July 12, 1976, by the Morro Bay City Council by the adoption of
Resolution No. 47-76 dated July 12, 1976;
M. L. WARDEN, City CTe-rk
City of Morro Bay, California
The undersigned hereby deposes and says:
That he is the City Clerk of the City of Morro Bali,
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, Cali , fornia" th s. 14th
day.of July, 1976.
M.'�L.-'-WARDEN, City Clerk
EIND OF DRUMM tvadgig rx, 646
I
6 0
RESOLUTION NO. 46-76
RESOLUTION REQUESTING THE STATE OF CALIFORNIA
DEPARTMENT OF FINANCE, OFFICE OF POPULATION RESEARCH
TO PREPARE A POPULATION ESTIMATE 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, Chapter 2107 of the State of California Streets
and Highways Code and Chapter 11005 of the State of California
Revenue and Taxation Code establish procedures for changing
a City's populationestimate; and
WHEREAS, population estimates form the basis for appor-
tioning to the City of Morro Bay its share of certain taxes,
expecially those from motor fuel and the vehicle in -lieu pro-
perty tax funds; and
WHEREAS, the City Council of the City of Mdrro Bay desires
to secure a current population estimate:
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Morro Bay that Murray L. Warden, City Clerk, City of
Morro Bay, is hereby designated to arrange with the State of
California, Department of Finance for a population estimate and
is authorized to enter into an agreement with a respresentative
of the State of California, Department of Finance for securing
such estimate. I
On motion by Councilman Brown and seconded by Council-
man Shelton , the Morro Bay City Council hereby adopts the
foregoing proposed resolution in its entirety on the following
roll call vote:
AYES: Councilmen Brown, Pipitone, Rowland, Shelton and Mayor
Mitchell
NOES: None
ABSENT: None
ADOPTED: July 12, 1976
DALE C. MITCHELL, Mayor
ATTEST:
�9117114)12v� -
M.'TI.-WARI)EN, City Clerk
0 0
RESOLUTION NO. 45-76
RESOLUTION AUTHORIZING GRANTING OF LEASE
TO WAYNE E. AND NORMA BICKFORD
FOR LEASE SITE NO. 150
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 negotiated with Wayne E.
and Norma Bickford regarding the leasing of Lease Site No. 150; and
WHEREAS, it is in the public interest that a lease be granted
to Wayne E. and Norma Bickford for said Lease Site No. 150 for the
purposes, terms and upon payment of rentals as specified in said
lease; and
WHEREAS, the original of said lease is on file in the office
of the City Clerk of this City.
NOW, THEREFORE, BE IT RESOLVED that consent is hereby given
by the City Council of the City of Morro Bay to the execution of
said lease with Wayne E. and Norma Bickford concerning Lease Site
No. 150; and
BE IT FURTHER RESOLVED that the Mayor and City Clerk be and
are hereby directed to sign said lease on behalf of the City of
Morro Bay.
On motion by Councilman Brown and seconded by Councilman
Rowland , the MorroBay City Council hereby adopts the foregoing
proposed resolution in its entirety on the following roll call vote:
AYES: Councilmen Brown, Pipitone, Rowland and Mayor Mitchell
NOES: None
ABSENT: Councilman Shelton
ADOPTED: June 28, 1976
J.,
DA -T�C. MITCHELL, Mayor
ATTES
RESOLUTION NO.- 44-76
RESOLUTION APPROVING AGREEMENT FOR ANNUAL AUDIT
FOR THE FISCAL YEAR ENDING JUNE 30, 1976
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 the Morro Bay City Council hereby
approves the Agreement by and between the City of Morro
Bay and Ray A. Pielop, Certified Public Accountant, to
perform a continuous audit for the fiscal year ending
June 30, 1976, a copy of which is attached and made a
part hereof; and
BE IT FURTHER RESOLVED that the Mayor be and is
hereby authorized and directed to sign said Agreement
for and on behalf of the City of Morro Bay.
On motion by Councilman Brown 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, Pipitone, Rowland and Mayor Mitchell
NOES: None
ABSENT: Councilman Shelton
ADOPTED: June 28, 1976
lodl'61'772�'I- "I
DALt-C. MITCHELL, Mayor
ATTEST:
DT.f L. WARDEN, City M-erl�
A G R E E M E N T_
Agreement by and between the City of Morro Bay, a municipal corporation
of the State of California (hereinafter called City) and Ray A. Pielop,
Certified Public Accountant (hereinafter called Certified Public Accountant).
The City and Certified Public Accountant hereby agree as follows:
1. That the Certified Public Accountant will perform an audit of the
financial statements of the various funds of the City for the fiscal year ended
June 30, 1975.
(a) The financial statements of general city funds to be examined are:
(1) Statement of Fund Transactions
(2) Statement of Revenue - Estimated and Actual
(3) Statement of Appropriations, Expenditures and Unexpended
Balances
together with supporting schedules.
(b) The receipts and expenditures of Revenue Sharing monies will be
audited to determine compliance with the pertinent Government
regulations.
(c) The term audit is defined as follows:
An examination which embraces all financial transactions and
records, but is limited in that the Auditor is not expected to
verify every transaction, but rather will be permitted to rely
upon his professional judgement in determining the extent to
which testing and sampling will be resorted to during the course
of the examination. The coverage, however, must be sufficient
to permit the Certified Public Accountant to render a special
report in conformity to rules (referring to opinions) of the
Board of Accountancy of the State of'California.
2. That insofar as is applicable, the audit program as set forth in
"Governmental Accounting, Auditing and Financial Reporting" as published by the
National Committee on Governmental Accounting will be used by the Certified
Public Accountant as a guide in the conduct of.said audit.
3. That said audit will be conducted in accordance with generally
accepted auditing standards as follows:
(a) GENERAL STANDARDS
(1) The examination is to,be performed by a person or persons
having adequate technical training and proficiency as an
auditor.
a
(2) In all matters -relating to the assignment an independence
in mental attitude is to be maintainled by'the auditor or
auditors.
(3) Due professional care is to be exercised in the performance
of the examination and preparation of the report.*
STANDARD OF FIELD WORK
(1) The work is to be adequately planned and assistants, if any,
are to be properly supervised.
(2) There is to be a proper study and evaluation of the existing
internal control as a basis for reliance thereon and for the
determination of. the resultant extent of the tests to which
auditing procedures are to be restricted.
(3) Sufficient competent evidential. matter is to be obtained
through inspection, observation, inqu
tries, and confirmations
to afford a reasonable basis for an opinion regarding the
financial statements under examination.
STANDARDS OF REPORTING
(1) The report shall state whether the financial statements are
presented in accordance with generally accepted principles of
accoxinting.
(2) The report shall state whether such principles have been
consistently observed in the current period in relation to
the preceding period.
(3). Informative disclosures in the financial statements are to be
regarded as reasonably adequate tinless otherwise stated in th e
report.
4." That Certified Public Accountant shall receive as full compensati6ft for
all services and expenses in making said general audit a sum not to exceed $1,200..
Said sum to be paid shall be reflected in final billing and.sha.11 be developed:in"
accordance with the following hoiirly rates:
Certified Public Accountants $ 25.00
Yon -Certified Senior $ 15-00
Junior Accountant $ 10.00
Clerical $ 7.50
5. That in the event said audit develops irregularities or unforeseen -
conditions requiring investigation beyond the scope of the regular.audit, report
.:.of such conditi.ons shall be made and should further investigation be directdd.
0
additional compensation. therefor shall be allowed as may be agreed upon.
(6) That should the City desire a more detailed or further examination
of the books, records, accounts and files of any officer, office or department
of the City, or assistance in the accounting function the same shall be made
by Certified Public Accountant for an additional sum developed at the same rates
as set forth in paragraph 4 herein.
(7) That Certified Public Accountant will deliver final audit report on
or before September 15, 1976 providing all City books have been closed timely
and are available as required during the course of the examination. As many
copies of the audit report as may be required by.the Ctty shall be supplied by
the Certified public Accountant, however, the cost of all copies in excess of
Fifteen shall be reimbursed by the City.
CITY OF �IORRO BAY
BY: 40", , /' r 4w, '�' , , I
DALE C. MITCHELL, Mayor
RAY A! PIELOP
Certified Public Accountant
6 0
RESOLUTION NO, 43-76
RESOLUTION APPROVING COMPREHENSTVE.EMPLOYMENT
AND TRAINING ACT OF 1973 WORK SITE AGREEMENT
WITH THE COUNTY OF SAN LUIS OBISPO
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 the certain document entitled "CETA
Work Site Agreement" by and between the City of Morro Bay and
the County of San Luis Obispo, Employment and Training office,
alcopy 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 agree-
ment for and on behalf of the City of Morro Bay.
On motion made by Councilman Brown 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, Pipitone, Rowland, and Mayor Mitchell
NOES: None
ABSENT: Councilman Shelton
ADOPTED: June 28, 1976
DALE C MITCHELL, Mayor
ATTEST:
14. p. WARDEN, City C71e�
0
CETA
WORK SITE AGREEMENT
(Comprehensive Employment and Training Act of 1973)
This Agreement is made and entered into this �4 day of
Auc,k)(,+ _, 1976 ,In the City of.S.an Luis Obispo, . California,
by and between the County of San Luis Obispo, Employment and Training
Office,. representing the prfme sponsor (hereinafter called "Office"),
and City of Morro Bay (hereinafter called "Grantee").
WITNESSETH:
In consideration of the mutual covenants, conditions, promises
and agreements'herein*set forth, Office and Gr afitee hereby mutually
covenant and agree as folloWs:
1. The term of this Agreement shall be from August 1, 1975
t hrough and including September 30 197 7 inclusive.
2. Office shall refer eligible participants to Grantee for a
Work Site Training Project, hereinafter referred to as "Project"
pursuant to Work Site Trainfng' Project sDec!l�'ications.
3. Grantee shall provide supervision, materials, space, equip-
ment and training necessary for the operation of the Project.
4. Workman's Compensation coverage for participants referred to
the Work Site Grantee will be provided by Grantee.
I � .
5. Grantee shall provide participants with safety instructions
and equipment necessary for reasonable protection against injury and
damage. If Grantee provides special clothing or equipment for its
regular employees, Gra I ntee shall provide $the same type.of clothing or
equipment to participants. Grantee's facilities and equipment used
under this Agreement shall comply with all applicable federal, state,
county and.city health and safety laws.
6. Grantee shall maintain the confidentiality of any information
regarding pa,rticipants or their immediate families which may be ob-
tained through application forms, interviews, tests, reports from
public agencies or counselors or any other source. Without the prior
written consent of Office, such information shall be divulged by Grantee
only as necessary for the performance or evaluation of this Agreement,
and only to persons having responsibilities under this Agreement.
7e Office -has the right to observe and monitor all conditions
and activities of the project under this Agreement and shall have rea—
sonable access to and the right.to inspect the Project site.
8. This agreement is -subject to Title VI of the Civil Rights Act
of 1964 and to the regulations issued under that Title. Any service,
financial aid or other benefits to be provided under this Agreement
shall be provided without discrimination to disadvantaged persons re-
gArdless of race, color, creed, national origin, political affiliation
or beliefs, handicaps, age or sex. Grantee shall submit such reports
and records as required to insure compliance with this paragraph.
a
y the provisions
9.. The partle to this Agreement shall abi
of the attached assurances attached hereto marked Exhibit "A" which
are hereby incorporated herein by reference as though fully set out
I
herein.
10. This Agreement covers all participants enrolled in a Work
Experience Training Project*at or on Grantee's work site, with no
specified number of participants or job categories set during the
term of thi,s Agreement.
11. This Agreement covers all participants enrolled in -a work
experience project whether in a full or part-time capacit:;.
12. To be valid and binding, alterations or variations of the
terms of this Agre�ement must be in writing, signed by the parties
hereto. There are no -oral understandings or agreements not inc.orpor-
ated herein.
13., Grantee shall pay participan ts hereunder the minimum wages
required by Federal Law
14. Grantee shall pay all participant's wages to the -participant
and submit a voucher therefor to Office for all costs incurred by the
5th working day of each month. No.costs for administrative purposes by
Grantee may be billed.
15. Participants participating hereunder shall not by reason
Ithereo - f be deemed t6.be emplqyees of.Office for any purpose, but rather
. such participants shall be Grantee's employees for all purposes hereunder.
16- Grantee shall defend, indemnify and save harmless Office and its
officesi agents and employees from and against any and all claims, demands,
liabilities, costs, expenses, damages, causes of action and judgments in -
any way arising out.of arty act or failure to act by Grantee hereunder.
.This indemnity does. not extend to claims of employees of Grantee
whose remedy against Grantee as an employer is under Worker's
Compensation law.
0
I �
17. Grante e shall add Office as an additional named insured to
Grantee's public liability and property damdge insurance for- the pur-
poses of this Agreement.
18. Employment of any individual or individuals under this Agree-
ment may be terminated by Grantee at any time at Grantee's sole discretion.
19. This Agreement may be cancelled by either party in their sole
discretion upon written notification ten days prior to such cancellation.
IN WITNESS WHEREOF, this Agreement has been executed in duplicate
by and on behalf of the parties hereto on the day and year first herein -
above set forth.
OFFICE GRANTEE
_49nature
.Hans Heilmann
Chairman of the Board of
Supervisors
..Courthouse Anhex, Room 217
San Luis Obispo, Ca. 93401
Te lephone: (805) 543-1550
It.
APPROVED AS TO "i"'
AND -LErAL EFFECT.
-ROB9. ..........
N. TAIT
Distlict Ali#crlicY
S, Isgrislo !�r... t Y...
r"o L
I r .....
4
b)r
Deputy District Attornev
I Signature
DALE C. MITCHELL
Mayor
Title
595 Harbor St., Morro Bay 93442
Address
772-2212
Telephone
Municipal Corporation
Type of Organization
a
0
EXHIBIT "A"
ASSURANCES
A. The Grantee assures that:
1. It will comply with the requi,rements of CETA and with the
regulations and policies promulgated thereunder; and
2. No person with responsibilities in the operation of any
Program under this Agreement shall discriminate with respect to any
Program client or any applicant -for participation in such Program
because of race, creed, color, national origin, sex, political affili-
ation or beliefs; and
3. It will comply with the provisions of the Hatch Act, if appli-
cable, which limits the political candidacy of employees; and
4. *The Program under CETA does not involve political candidacy of
employees; and
S. Services and activities provided under this Agreement will be
admi nistered by and under the supervision of the Grantee; and
6. Appropriate standards for health and safety in work and train-
ing situations will be maintained; and
Conditions of employment or training are appropriate and rea-
sonable with regard:to the type of work, the geographical region and
the proficiency of the applicant; and
8. Training and related services will, to the maximum extent prac-
ticable, be consistent with every individual's fullest capabilities and
lead to employment opportunities which will enable pafticipants to
become economically self-sufficient; and
9. The Program will, to the maximum extent feasible, contribute
to the occupational development or upward mobility of individual parti
cipants; provided that it is expressly understood that there are no
assurances of continued employment.
RESOLUTION NO. 42-76
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 at the special municipal
election consolidated with the State of California Direct Primary
Election held on June 8, 1976, and the County Clerk has duly certified
to this City Council the result of the votes cast at said election
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 l.The canvass and the result of said election as shown
by said certification, attached hereto and by reference made a part
hereof, 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 names of the persons voted for
and the number of votes given each person are as set forth in said
certification.
Section 3. The total number of votes cast in the City at said
special election and the total number of votes given in each precinct
and by absentee voters of the City was and is set forth in said
certification.
Section 4. The City Council does declare and determine that
LOIS A. ROWLAND was elected as a Member of the City Council for a
term which expires March 14, 1978.
Section 5. The City Clerk shall immediately make and, upon
compliance by the person elected with the provisions of Section 11550
and Section 11559 of the Elections Code of the State of California,
shall deliver to the person so elected a Certificate of Election
signed by him and duly authenticated; that he shall also administer
to the person elected, the Oath of Office prescribed in the State
Constitution of the State of California and shall have that person
subscribed thereto and file the same in his office. Whereupon, the
person so elected shall be inducted into the office to which elected.
On motion by Councilman Brown and seconded by Councilman
Pipitone , the Morro Bay City Council hereby adopts the foregoing
proposed resolution in its entirety by the following roll call vote:
AYES: Councilmen Brown, Pipitone and Mayor Mitchell
NOES: None
ABSENT: Councilman Shelton
ADOPTED: June 28, 1976
AT EST:
IL�
44.'tL. WARDEN, Citf-Clerk
Z'e 242 a&
C. MITCHELL, Mayor
I
1 CERTIFICATE OF COUNTY CLERK
2 RESULT OF CANVASS OF ALL VOTES CAST FOR
3 'CITY OF MORRO'BAY
4 AT THE CONSOLIDATED STATE PRIMARY ELECTION
.5 JUNE 89 1976
6 OFFICE OF COUNTY CLERK
COUNTY OF SAN LUIS OBISPO ss.
7 STATE OF CALIFORNIA
8 1, MISBETH WOLLAM, County Clerk of the County of San Luis
9 Obispo, State of California, do hereby certify that pursuant to law,
10 1 did on the 10th day of June, 1976, commencing at the hour of 10:00
11 o'clock,.A.M., canvass the returns of the election held June 8, 1976
12 in said City of Morro Bay and that the total number of ballots cast
13 in,said city and the total number of votes cast for each candidate
14 is as follows, and the total shown for each candidate is true and
15 correct:
16 COUNCILMAN VOTE ABSENTEE TOTAL
(Term expires March 14, 1978 AT POLLS VOTE VOTES
17 1
18 [WIS ROWLAND )910 122 1032
JESSE R. GAOIRAN 411 32 443
19
CARL J. WILLIAMS 277 33 310
20
JACK J. JENNINGS 452 44 496
21
22 OMAS R. HARMON 196 15 211'
23 DALE M. LUCAS 807 81 888
otal Ballots Cast: 3570 �053 1� � -1 3
24
Witness my hand and official seal this 22nd day.of June, 1976.
25 1
r
2; FTE OF CAIIFOR"�!A SS
)UNTY OF SIAN LUIS OBISPO
2 rAI 11C �i �
ISSETVI WOLW.'I, Vll� �:ci'- of the abov entitled
20
Ov
'ots
HISBETH WOLLAM
County Clerk
L-A, 'A
of iho
6.11:d of
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iq ABSTRACT
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[CcSOLIDATED PCT 37
MSOLIGATED PCT 38
CONSCLIOATED PCT 39
709
506
114
134
31
59
44
23
LIZ
440
315
----
71
63
---
31
9
83
673
438
136
62
29
55
29
Log
CONSOLIDATEG PCT 40
CONSOLIOATED PCT 41
6a4
473
1668
IL3
33
al
9L
27
97
331
93
29
19
50
37
83
66WSG'L-IDATEO PC T 4'2-
C
'P
481
331
Ica
24
26
40
20
94
N, SO I' 1' -0 A T E 0 CC T- 4-3
*P' -4-4-
566
—5
4L2
LOT
39
29
46
32
122
C-Qiscl.16ATEG' C T,
7-4
433
166
27
29
61
19
Lai
ABSENTEE VCTES,
336
122
32
33
44
15
81
TOTAL
4600
3570
1032
443
310
496
211
sea
0
RESOLUTION NOo 41-76
RESOLUTION CALLING FOR,A CONTRACT WITH
THE CALIFORNIA HIGHWAY PATROL FOR ABANDONED
VEHICLE ABATEMENT PARTICIPATION
T H E C I T Y C 0 U N C I L
City of Morro Bay, California
WHEREAS, California Vehicle Code Sections 22660 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 for the
Fiscal Year 1976/77, and call for a contract with the Department
of California Highway Patrol for participation in said Abandoned
Vehicle Abatement Program.
BE IT FURTHER RESOLVED that the Mayor is hereby authorized
to execute the contract with the Department of the California
Highway Patrol for participation in said Abandoned Vehicle Program.
On motion by Councilman Brown ' and seconded by Councilman
Shelton , 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, Pipitone, Shelton and Mayor Mitchell
NOES: None
ABSENT: None
ADOPTED: June 14, 1976
ATTEST:
RDEN, City Cleirk
DALE C. MITCHELL, Mayor
RESOLUTION NO. 40-76
RESOLUTION ACCEPTING WORK AND GIVING NOTICE OF COMPLETION
FOR CONSTRUCTION AND INSTALLATION OF JOB NO. PW75-009-33
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 April 12, 1976,
award a contract for Job No. PW75-009-33, Street Resurfacing
Project, to Southern Pacific Milling Co., 3555 Vineyard Ave.,
Oxnard, California, 93030; 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 14th day of June, 1976, 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 Brown and seconded by Councilman
Shelton , the Morro Bay City Council hereby adopts the fore-
going proposed resolution in its entirety on the following roll
cal 1 vote:
AYES: Councilmen Brown, Pipitone, Shelton, and Mayor Mitchell
NOES None
ABSENT: None
ADOPTED: June 14, 1976
-ATTEST:
M. L. WARDEN, City Clerk
CERTIFICATION OF COMPLETION
The undersigned hereby certifies that the work of Street
Resurfacing, Job No. PW75-009-33, by Southern Pacific Milling
Company, 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: June 9, 1976
jel
GEUKUX E. CHRISSAKIS
City Engineer
0
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 a street
resurfacing project in the City of Morro Bay, California,
(Job No. PW75-009-33) , has been completed by Southern Pacific
Milling Company and that said work was accepted as completed on
June 14, 1976, by the Morro Bay City Council by the adoption
of Resolution No. 40--76 dated . . June 14, 1976.
z�z
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.
1 declare
the foregoing to be true
under penalty of
perjury.
Executed at Morro Bay,
of June, 1976.
END OF DOCUMENI
California.,- this'. .25th., .'day
P
Al�
M. Ll./WARDEN..;Pi,ty--C.letk�-�-
30
0
0
RESOLUTION NO. 39-76
RESOLUTION ACCEPTING WORK AND GIVING NOTICE OF COMPLETION FOR
REPAINTING EXTERIORS OF TWO ELENA STREET WATER STORAGE TANKS AND
ONE NUTMEG AVENUE WATER STORAGE TANK - JOB NO. PW75-013-36
T H E C I T Y C 0 U N C I L
I
City of Morro Bay, California
WHEREAS, the Morro Bay City Council did, on February 9, 1976
award a contract for Repainting the Exteriors Of Two Elena Street
Water Storage Tanks and One Nutmeg Avenue Water Storage Tank,
Job No. PW75-013-36, in the City of Morro Bay, California, to
Clayton Company, 4041 1/2 Sepulveda Boulevard, Culver City,
California, 90230; 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 14th day of June, 1976, 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 B3�own and seconded by Councilman
Shelton , the Morro Bay City Council hereby adopts the fore-
going proposed resolution in its entirety on the following roll
call vote:
AYES: Councilmen Brown, Pipitone, Shelton and Mayor Mitchell
NOES: None
A13SENT: None
ADOPTED: June 14, 1976
_-zo'd,&e'2�a '7�z
ZX - /V
DALE C. MIT(�HELL, Mayor I
ATTEST:
zu,
M)IRRAYT. WARDEN, City Cle—r-R--
0 0
CERTIFICATION OF COMPLETION
The undersigned hereby certifies that the work of
Repainting the Exteriors of Two Elena Street Water
Storage Tanks and One Nutmeg Avenue Water Storage Tank,
Job No. PW75-013-36 by Clayton Company, 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: June 9, 1976'
GEORGE E. CHRISSAKIS
City Engineer
pf
0 0
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 Repainting the Exteriors of Two Elena Street
Water Storage Tanks and One Nutmeg Avenue Water Storage Tank,
Job No. PW75-013-36, in the City of Morro Bay, California
has been completed by Clayton Company, and that said work
was accepted as completed on June 14, 1976, by the Morro
Bay City Council by the adoption of Resolution No. 39-76
dated June 14, 1976.
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 Country, 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,-.t4is-.25th
day of June, 1976
' yr
M. WARDEN., . --�Cit -,C'Jerk
-7,
pf
END OF DOCUMENT
FVOL1906 PAu Zr 7
0 0
RESOLUTION NO. 38-76
RESOLUTION APPROVING AMENDMENT OF LEASE WITH BREBES
MORRO BAY FISHERIES,.INC. FOR
LEASE SITES NO. 11OW, 111W AND 112W
T H E C I T Y C 0 U N C I L
City of Morro Bay, California
WHEREAS, a request has been made by Brebes Morro Bay Fisheries
to lease a southwesterly extension of Lease Sites No. 11OW, 111W,
and 112W for the purposes of installing a float for providing dockage
for boats; and
WHEREAS, the area requested is identified -as Lease Site No. 111.5W
consisting of 9,507 square feet and is identified on the City of
Morro Bay Lease Site Maps adopted in November,�1974, Sheet six of
thirteen as amended; and I
WHEREAS, it is in the public interest that the approval of an
amendment to the basic lease betweenBrebes Morro Bay Fisheries, Inc.
and the City of Morro Bay as successor to the County of San Luis Obis'po
be approved.
NOW, THEREFORE, BE IT RESOLVED that consent is hereby given to
the Amendment to Lease for Lease Sites No. 11OW, 111W and 112W by,
extending each such Lease Site southwesterly as identified by Lease
Site No. 111.5W consisting of approximately 9,507 square feet; and
BE IT FURTHER RESOLVED that the Mayor and City Clerk be and are
hereby authorized to sign said Amendment to Lease on behalf of the
City of Morro Bay.
On motion by Councilman Brown and seconded by Councilman
Shelton , the Morro Bay City Council hereby adopts in its
entirety the foregoing proposed resolution on the following roll
call vote:
AYES: Councilmen Brown, Pipitone, Shelton and Mayor Mitchell
NOES: None
ABSENT: None
ADOPTED: June 14, 1976
DALE C. MITCHELL, Mayd-r"
ATTEST:
— 16-- 1 - - �- -- -
M.O'Y�-WARDEN, City Clerk
AMENDMENT TO LEASE
Lease Sites No. 11OW, 111W, and 112W
It is hereby agreed by and between the City of Morro Bay, a
municipal corporatione Lessor, and Brebes Morro Bay Fisheries, Inc.,
Lessee, that that certain lease entered into on the 30th day of
December, 1975, between said City as Lessor and Brebes Morro Bay
Fisheries, Inc., as Lessee, concerning Lease Sites No. 11OW, 111W,
and 112W, is hereby amended in the following particulars only:
1. The description of the lease site shown on page two,
Section 1 of the basic lease shall be amended by adding:
'�That certain water area in the City of Morro
Bay, County of San Luis Obispo, State of California,
identified as Lease Site No. 111.5W and described
as follows:
Beginning at the intersection of the north line
-of 9th Street (Surf Street) with a line bearing N.
53-45-W., 1370.11 feet as shown in the map of record
of survey filed in Book 7 Record of Surveys at page
60, San Luis Obispo County records, said point of
intersection being designated as "l" Pipe Found";
thence S. 360151W., along that certain line described
as N. 36015' E., 190.66 feet more or less in a Quit-
claim Deed from the County of San Luis Obispo to
Pacific Gas and Electric Company recorded January 26,
1956 in volume 833 official Records, page 525, San
Luis Obispo County records, a distance of 228.00
feet to the true point of beginning; thence continuing
S. 36-15-W., 19.00 feet; thence S. 530451E., 21.00
feet; thence S. 36015'W., 50.00 feet; thence S. 53'45'
E., 132.00 feet; thence N. 36015' E., 69.00 feet;
thence N. 53045'W., 153.00 feet to the true point of
beginning; consisting of-9,507 square feet extending,
more or less, in a southwesterly direction from Lease
Sites No. 11OW, 111W, and 112W as shown on City of
Morro Bay Drawing No. 10-16 dated 4-24-69 as revised
and attached hereto as Exhibit A dated 3-4-76."
2. It is hereby agreed and understood that the value of the
9,507 square feet, more or less, of water identified as Lease Site
No. 111.5w shall be established at $1.00 per square foot and that
in all other particulars, the computation of the additional annual
rental shall be as contained in the basic lease of November 1, 1972.
3. Each and all of the other terms, provisions and conditions
of sai d lease, except as expressly modified above, remain in full
fcrce and effect.
Amendment to Lease
Lease Sites No. 11OW,.111W, and 112W
Page Two
This amendment to lease of real property is authorized by
Resolution No. 38-76 of the City of Morro Bay City Council dated
June 14, 1976.
DATED: June 22, 1976
DALE C. MITCHELL, Mayor
ATTEST:
M./I/IWARDEN, City Clerk
FRANK BES, Presi ent
RAY�A.A'Mar' Secretary
4
RESOLUTION NO. 37-76
RESOLUTION APPROVING GRANT OF USE PERMIT
AGREEMENT TO MORRO BAY CHAMBER OF COMMERCE
T H E C I T Y GO 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 Brown and seconded by
Councilman Shelton , the Morro Bay City Council hereby
adopts the foregoing proposed resolution in its entirety on
the following roll call vote:
AYES: Councilmen Brown, Pipitone, Shelton, and Mayor Mitchell
NOES: None
ABSENT: None
ADOPTED: June 14, 1976
ATTEST:
MURFJ�Y L.,WARDEN, City Clerk
22
DALE C. MITCHELL, Mayor�
I 'r
1
2
3
4
;A 51
9
10
11
12
13
14
-15
16
17
18
19
20
.-211
221
24
25
26
27
2111
29
30
311
32
I
USE PERMIT AGREPEMENT
The City of Morro Bay, a municipal corporation of the
State oftCalifornia (hereinafter,called CITY) hereby grants to
Morro Bay Chamber of Commerce
I I
(hereinafter called PERIMITTEE) 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:
Lila H. Keiser Park
(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 8:00
and 6:00 p,m� —on
Sunday, July 4, 1976.
2. PERMITTEE shall use SAID PROPERTY.for the purpose of,
old fashioned Fourth'of July activities..
and ...for. no --other purr)ose.. _PERMITTEE may _di splay .-such exhibits .,on
SAID PROPERTY as PERMITTEE deems�necessary.for such_purpose, pro-
vided however, that all rules, regulations, resolutions, and
ordinances of the City of Morro Bay . or any department thereof,
including -by-waY, of -illulstratlion-�but not-l-imit t..
a ionj
safety orders,.r.ules, regulations,tor 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 facilitie's constructed or erected -on SAID PROPERTY by
PERMITTEE. At the expiration of�this Use Permit Agreement,
PERMITTEE shall surrender SAID PROPERTy to CITY -in a* uood.
I condition as it was when it was originally received by PERMITTEE,
2 r�asonable wear excepted.
3 4.a This Use Permit Agreement is.granted to PERKITTEE upon
4 the express condition that PERMITTEE shall keep and hold CITY free
5 from all liability, expense, and claim for damages by reason of any
6 injury or death to any person or persons, including PERMITTEE, or
7 property of any kind whatsoever and to whomsoever belonging,
8 including PERMITTEE, 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; PERMITTEE hereby covenanting and
11 agreeing to indemnify and save CITY.harmless from all liability,
12 loss, cost, and obligations on account of or arising out of any
13 such injuries or losses howsoever occurring.
14 4.b PERMITTEE a.grees to take out and keep in force during the
'5 life hereof,'at PERMITTEE'S expense, liability insurance to protect
16 against any liability to any person or persons, including PERMITTEE,
17 resulting from any occurrence in or about or incident to SAID
is PROPERTY.and appurtenant areas i n L 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 corporations as may be,designated by CITY. If PERMITTEE
24
does not keep such insurance in full force and effect, this Use
25 1
Permit Agreement may be immediately terminated. PERMITTEE shall
2611 provide City with copies and certificates of all of said policies
2711 including endorsements which state that such insurance shall not be
?-V
29
30
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.
3111 4.c Any insurance policy insuring PERMITTEE against claims,
32� expense, or liability for injury or death to person or property in
-2-
I
about SAID PROPERTY
all provide that the
sh.
insurer shall
not
2 .11or
acquire by subrogation
any right of recovery
which PERMITTEE
has
a expressly waived in writing prior to the occurrence of the loss.
4 PERMITTEE hereby 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-, in-
7 cluding by way.of illustration but not-1imitation, electricity,
S 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
11 at all reasonable hours to examine the same or to make such repair
12 or temporary alterations as CITY shall, in its sole discretion,
13
14.
15
16
17
18
19
20
21 ir*
22
23
24
25
26
04i
28
29
30
31
32
CITY OF MORRO BAY
ted:S�&� i�X3, 11741
0 Mayor
I
BOB,
Date . ......
I
-3-
RESOLUTION NO. 36-76
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 by Councilman Brown and seconded by
Councilman Shelton , the Morro Bay City Council hereby adopts
the foregoing proposed resolution in its entirety on the
following roll call vote:
AYES: Councilmen Brown, Pioitone, Shelton and Mayor Mitchell
NOES: None
ABSENT: None
ADOPTED: June 14, 1976
- 10, aj- (:,-o � - Z z"! 7 f` d--0-
ft-LE C. MITCHELL, Mayor
ATTEST:
Z��4 �-
MURP-W L. PARDEN, City Clerk
I
N
3'
4
5
6
7
9
10
11
12
13
14.
15
16
17
18
19
20
21
22
23
24
25
VV
27
28
29
30
31
32
USE PERMIT AGREEMENn' N . 1
� 0 20
�=REAS, Morro Dunes Trailer Park and Campground, Inc., a
Califo--nia corporation, hereinafter referred to as MORRO DUNES, iE
the te7--ant of the City of Morro Bay, a municipal corporation, here
inafte= referred to as CITY, pursuant to lease of April 1, 1967,
concerm—ing certain real property containing approximately five (5)
acres _'ocated in the vicinity of 67thand "C" Streets in said Cit�
and
W3EREAS, MORRO DUNES desires to obtain a renewable Use Permi
from CITTY for the land hereafter described:
N(0;1, THEREFORE, for valuable consideration, as herein set
forth, CITY hereby grants to MORRO DUNES the right to use, on
each of the terms and conditions herein set forth, including pay-
ment c_f rentals, that certain property located within the City
limits of CITY, and further described as follows:,
All that property in the City of Morro Bay,
County of San Luis Obispo, State of California
lying northerly of the center line of 67th
Street and its westerly projection as shown
on Map of Atascadero Beach filed in Book
of Maps, at page 15, in the office of the
County Recorder of said county, described as
follows:
Beginning'at a point at the intersection of
the westerly projection of the center line of
67th Street with the southeasterly side of
Atascadero Road, thence north 810121 east to
a point 112 feet easterly of the center line
of "C" Street, thence north 80281-west 160
feet more or less to a point on the south-
easterly side of Atascadero Road, thence along
the southeasterly side of Atascadero Road
304 feet,more or less to the point of beginning
I- The term of this Use Permit Agreement shall be from
July L. 1976 to.and including June 30, 1977.
1 1
7- As consideration for the rights and privileges aranted
to MOF_RO DUNES hereto, MORRO DUNES shall pay to CITY the sum:of
Four azmdred Dollars ($400.00) during the term of this Agreement.
:rhe s= of Two Hundred Dollars ($200.00) shall be due and payable
on july 1, 1976 and the sum of 'Two 14.uncircd Dollars ($200.00)
I
6 0
-2-
I
be due and
payable
on January 1,
1977.
In addition,
the
2 11shall
gross
receipts from the
rental derived
from
these premises
shall
3
subject to
the seven
and one-half
percent (7
1/2%)
percentage
4 11be
rent payment
described
in paragraph
two of the
lease
dated April 1
5 1967 between Central Coast Investors and the City of Morro Bay.
6 3. 14ORRO DUNES shall use the premises for the follo-wing
7 purposes and no other: storage of travel trailers, mobile homes,
8 11boats, boat trailers, or campers customarily affixed to a pickup
9 truck. None of such vehicles is to be occupied.
10 4. This permit may be terminated by CITY at any �ime at its
11 option and without any liability to MORRO DUNES, on a date selecte
12 by CITY no sooner than ten (10) days after written notice is maille
13 to MORRO DUNES. On or before said d ate, MORRO DUNES shall peace-
14 fully surrender possession to CITY. All property left on the pre-
15 mises.subsequent to the termination of this agreement shall auto-
16 matically become the property of CITY.
17 5. MORRO DUNES shall keep the premises in good repair and
18 shall surrender the premises to CITY at the expiration or termina-
19 tion of this Agreement in as good condition as it was when it was,
20 originally received by MORRO DUNES from CITY. The premises shall
21 not be altered or changed in any way by MORRO DUNES without the
22 prior written approval of CITY; except, however, MORRO DUNES may
23 surface a portion of the premises with red rock or any similar
24 material. Such surface shall be maintained in a reasonably dust-
25 free condition.
26 6a. This agreement is granted to MORRO DUNES upon the expres
27 condition that'MORRO DUNES shall keep and hold CITY free from all
23 liability, expense, and claim for damages by reason of any injury
29 lor death to any person or persons, including MORRO DUNES, or pro
30 1perty of any kinid whatsoever and to whomsoever belonging, includin
31 MORRO DUNES, from any cause or causes whatsoever'during the term
32 of this Agreement or any extension thereof or any occupancy or use
0
-3-
I
I 11hereunder; MORRO DUNES hereby covenanting and agreeing to
2 [land save CITY harmless from all liability, loss, cost, and obliga-
3 tions on account of or arising out of any such injuries or -losses
4 howsoever occurring.
5 11 6b. MORRO DUNES agrees to take out and keep in force during
6 lithe life hereof at MORRO DUNES' expense, liability insurance to
7 11protect against any liability to any person or persons, including
8 JIMORRO DUNES, resulting from any occurrence in or about or With
9 11respect
to the premises
and r . elated
areas in
the
amount of Five.
10
Hundred
Thousand Dollars
($500,000)
against
the
claim of one (i)
11
or more
persons
for injury to person with respect to
each occurr
12
liand One
Hundred
Thousand Dollars ($100,000) against
the claim of
13 11one (1) or more persons for property damage with respect to each
14 occurrence. Said policies shall insure the liability of MORRO
15 JIDUNES and the liability, contingent or otherwise, of CITY and such
16 lJother persons, firms, or corporations as may be designated by CITY
17 IlIf MORRO DUNES does not keep such insurance in full force and
18 lleffect, CITY may take out the necessary insurance and pay the
19 .11premiums and the repayment thereof shall be paid by 14ORRO DUNES on
20 lithe first day of the following month, or in the sole discretion of
21 CITY, this agreement may be immediately terminated. MORRO DUNES
22 shall provide CITY with copies or certificates of all of said
1
23 policies, including endorsements which state that such insurance
24 s . hall not be cancelled except after ten (10) days prior written
25
notice to CITY.
Each such policy shall be subject to
the approval
26
as to form and
insurance company by CITY.
27
6c. Each
insurance -policy insuring MORRO DUNES
against claim
28 expense, or liabilit)e for injury to person or property or for
29 business interruption shall provide that the insurer shall not
30 acquire by subrogation any right of recovery which MORRO DUNES has
31 expressly waived in writing- prior to occurrence of the loss.
'JJ
IMORRO DUNES hereby waives any right of recovery against CITY for
f
0 -4- --,' 9
1
2
3
4
5
6
7
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is
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each such claim, expense, liability, or business interruption.
7. MORRO DUNES shall pay all charges for all utilities,
including but not by way of limitation, electricity, gas, water,
and telephone which are used on or about the premises during the
term of this agreement.
8. It is mutually understood that an outfall sewer line
from the -Morro Bay-Cayucos Wastewater Treatment Plant is located
under said property. CITY is given the privilege of right of
entry to its agents and employees a t any time to inspect, maintain
repair, and replace said outfalll - ine and appurtenances. In the
event of an emergency to said outfall line, CITY is given the
privilege of recapturing all of the above described property,
sub j ect to this Use Peridit; and making any necessary repairs or
replacements CITY deems necessary or desirable. In the event of
such immediate entry, for said purposes, CITY may terminate this
Use Permit; and in such event only, any unearned rental shall be
promptly refunded by CITY to MORRO DUNES.
10. MORRO DUNES shall reimburse CITY for any and all
attorney's fees and expenses incurred by CITY in enforcing, per-
fecting, or protecting CITY's rights under this Agreement..
Dated this day of
rL. il'-IARDEN, City ClE
CITY OF MORRO BAY, a municipal
corporation
BY: DALE C. MITCHELL,' Mayor
MOR.T10 DUNES TRAILER PARK AND
CA24PGRO D INC., a California
-7/1 cornora-eion
: �bwre
RESOLUTION NO. 35-76
RESOLUTION APPROVING GRANT OF USE PERMIT AGREEMENT 115
TO MORRO DUNES TRAILER PARK AND CAMPGROUND, INC.
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
"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 by Councilman Brown and seconded by
Councilman Shelton , the Morro Bay City Council hereby adopts
the foregoing proposed resolution in its entirety on the
following roll call vote:
AYES: Councilmen Brown, Pipitone, Shelton and Mayor Mitchell
NOES: None
ABSENT: None
ADOPTED: June 14, 1976
, Z 0Aze e
DALE C. MITCHELL; Mayor
ATTEST:
M Y L./WARDEN, City ClerF—
0
0
USE PERMIT AGREEMENT NO. 115
2 WHEREAS, Morro Dunes Trailer Park and Campground, Inc.., a
3 California corporation, hereinafter referred to as MORRO'DUNES, is
4 the tenant of the City of Morro Bay, a municipal corporation, here
5 inafter referred to as CITY, pursuant to lease of April 1, 1967,
6 concerning certain real property containing approximately five (5)
7. 'acres'located in the vicinity of 67th.and "C" Streets in said City
8 and
9
WHEREAS,
MORRO DUNES desires
to obtain a renewable Use Permi
10
from CITY for
the land hereafter
described:
11 NOW, THEREFORE, for valuiable consideration, as herein set
12 forth, CITY hereby grants to-MORRO DUNES the rights to use on
13 each of the terms and.conditions herein set forth, including pay-
14 ment of rentals, that certain property located within the City
15 Ilimits of CITY, and further described as follows:
16 All that real property in the City of Morro
Bay, County of San Luis Obispo, State of
17 California, lying easterly of the center line
of "C" Street as shown on the map of Atascadero
18 Beach filed in Book 2 of Maps, at page 15, in
the office of the County Recorder of said
19 County, described as follcws:
20. Beginning at the point of intersection of
the center line oi "C" Street and 67th Street
21 as shown on said map, thence North 81012'
East 136 feet; thence South 8*481 East 164
22 feet; thence South 81*12' West 136 feet; thence
North 8048' West 164 feet to the true point of
23 beginning. Said property is delineated on
Drawing No. 1001 dated February 23, 1967,
24 a copy of which is attached hereto and marked
Exhibit "A" and by this reference made a part
25 hereof.
26 .1. The term of this Use Permit Agreement shall be from
27 July.1, 1976 to and including June 30, 1977.
28 2. As consideration for t he rights and privileges granted
29 to MORRO DUNES hereto, MORRO DUNES shall pay to CITY the sum of
30
lFour Hundred Dollars ($A00. 00)
during the term of
this agreement-.
31
The sum of Two Hundred Dollars
($200.00) shall be
due and payable
32
on July 1, 1976 and the sum of
Two Hundred Dollars
(�200.00) shall
0
-2-
11 1 11be due and payable on January 1, 1977,
2 3. MORRO DUNES shall use the premises for the following
purposes and no others: The storage of travel trailers, mobile
4 homes, boats, boat trailers, or campers customarily affixed to a
5 pickup truck, none of such vehicles is to be occupied.
6 4. This permit may be terminated by CITY at any time at its
7 option and without any liability to MORRO DUNES, on a date selectei
8 by CITY no sooner than ten (10) days after written notice is mailel
9 to MORRO DUNES. On or before said date, MORRO DUNES shall peace-
10 fully surrender possession to CITY. All property left on the
11 premises subsequent to the termination of this agreement shall
12 automatically become the property of CITY.
13 S. MORRO DUNES shall keep the premises in good repair and
14 shall surrender the premises to CITY at the expiration or termina-
15 Ition of this agreement in as goo'd condition as it was when it was
16 originally received by MORRO DUNES from CITY.' The premises shall
I
17 not be altered or changed in any way by MORRO DUNES without the
18 prior written approval of CITY; except, however, MORR 0 DUNES may
19 surface a portion of the premises with red rock or any similar
20 material. Such surface shall be maintainedin a reasonably dust-
21 free condition.
22 6a. This agreement is granted to MORRO DUNES upon the expresE
23 condition that MORRO DUNES shall keep and -hold CITY free from all
24 liability, expense, and claim for damages by reason of any injury
25 or death to any person or persons, including MORRO DUNES, or pro-
26 Perty of any kind whatsoever and to whomsoever belonging, includinc
27 MORRO DUNES, from any cause of causes whatsoever during the term of
29 this agreement or any extension thereof or any occupancy or use
29 hereunder; MORRO DUNES hereby covenanting and agreeing to indemnify
30 and save CITY harmless from all liability, loss, cost, and obliga-
31 tions on account of or arising out of any such injuries or losses
32 howsoever occurring.
I .6b. MORRO DUNES agrees to take out and keep in force during
2 the life hereof at MORRO DUNES' expense, liability insurance to
3 protect against any liability to any person or persons, including
4 MORRO DUNES, resulting from any occurrence in or about or with
5 respect to the premises and related areas in the a mount of $500,00
6 against the claim of one (1) or more persons for injury to person
7 with respect to each occurrence and $100,000 against the claim of
8 one (1) or more persons for property damage with respect to each
9 occurrence. Said policies shall insure the liability of MORRO
10 DUNES and the liability, contingent or otherwise, of CITY and such
11 other -persons, firms or corporations as may be designated by CITY.
12 If MORRO DUNES does not keep such insurance in full force and
13 effect, CITY may take out the necessary insurance and pay the pre-
14 miums and th.e repayment thereof shall be paid by MORRO DUNES on
15 the first day of the following month, or in the sole discretion of
16 CITY, this agreement may be immediately terminated. MORRO DUNES
17 shall provide CITY with copies or certificates of all of said
Ig policies, including endorsements which,state that such insurance
19 shall not be cancelled except after ten (10) days prior written
�20 notice to CITY. Each such policy shall be subject to the approval
21 as to form and insurance company by CITY.
-22 6c. Each insurance policy insuring MORRO DUNES against claim
23 expense, or liability for injury to person or property or for
.24 business interruptioh shall provide that the insurer shall not
.25 'acquire by -subrogation any right of recovery which MORRO DUNES has
16 expressly.waived in writing prior to the occurrence of the loss.
27 MORRO DUNES h'ei�eby waives any right of recovery against CITY for
28 each such claim, expense, liability, or business interruption.
29 7. MORRO DUNES shall pay all charges for all utilities,
30 including but not by wav of linitation; electricity, gas, water,
31 and telephone which are used on or about the premises during the
32 term of this agreeme nt.
r r
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8. CITY,shall have the right to enter the premises at all
reasonable hours to examine the same or to make such repairs or
alterations as CITY shall, in its sole discretion, desire.
9. MORRO DUNES shall reimburse CITY for any and all attorne)
fees and expenses incurred by CITY in enforcing, perfecting, or
protecting CITY's rights under this agreement.
.Dated this day of
TTEST:
1W WARDEN,
CITY OF MORRO BAY, a municipal
corporation
loa�&6, ?-A, 'Ke7W c 0/
f-y' DALE C. MITCHELL, Mayor
MORRO-DUNES TRAILER PARK AND
CAMPGROUND, INC., a California
corporation
I s I
0 0
RESOLUTION NO. 34-76
RESOLUTION APPROVING RENEWAL OF UNITED STATES
COAST GUARD LEASE #DOT-CG12-4532 FOR THE PERIOD
JULY 1, 1976 THROUGH SEPTEMBER 30, 1976
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 the City Council of the City of Morro
Bay does hereby approve Lease #DOT-CG12-4532 dated July
1, 1974i by and between the City of Morro Bay and the
United States 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,
1976 to and including September 30, 1976; 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 Brown and seconded
by Councilman Shelton 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, Pipitone, Shelton and Mayor Mitchell
NOES: None
ABSENT: None
ADOPTED: June 14, 1976
DALE C. MITCHELL, Mayor
ATTEST:
AKe�-Ielr'4
M.-L. WARDEN, City Clerk
6 0
RESOLUTION NO. 33-76
RESOLUTION APPROVING RENEWAL OF UNITED STATES
COAST GUARD LEASE #DOT-CG12-4020 FOR THE PERIOD
JULY 1, 1976 THROUGH SEPTEMBER 30, 1976
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 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 northtrn
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, 1976 to and including September 30, 1976;
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 by Councilman Brown and seconded by
Councilman Shelton . 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, Pipitone, Shelton and Mayor Mitchell
NOES: None
ABSENT: None
ADOPTED: June 14, 1976
10k,&-rr 2X, '
-AL10
DALE C. MITCHELL, Mayor---r
ATTEST:
t"41�
M. I;. WARDEN, Cit; Clerk
0
0
'RESOLUTION NO. 32-76
RESOLUTION ADOPTING THE FIA
FLOOD HAZARD BOUNDARY MAP
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 adopted Resolution No. 80-73
on December 10, 1973, stipulating interim building permit procedures
relative to the Federal Flood Insurance Act of 1968; and
WHEREAS, the special flood hazard areas of the City of Morro Bay
have been defined as those areas designated upon a map entitled
"FIA flood Hazard Boundary Map" promulgated by the Department of
Housing and Urban Development, Federal Insurance Administration for
the City of Morro Bay, bearing the following map index designation:
FIA Flood Hazard Boundary Map No. H-01-04
Community No. 060307A
Revision Date: December 5, 1975
A copy of which map is on file in the office of the City Clerk.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City
of Morro Bay that the aforesaid map is incorporated herein by reference
and made a part hereof and is officially adopted.
On motion by Councilman Brown and seconded by Councilman
Pi ' pitone I the Morro Bay City Council hereby adopts the fore-
going resolution in its entirety on the following roll call vote:
AYES: Councilmen Brown, Pipitone, Shelton, and Mayor Mitchell
NOES: None
ABSENT: None
ADOPTED: May 10, 1976
ATTEST:
M/�� WARDEN, City C17('��
2
f-DALE C. MITCHELL,' Mayor
6. -
0
RESOLUTION NO. 31-76
RESOLUTION APPROVING ASSIGNMENT OF LEASE SITES
NO. 37W FROM FRANCIS N. MACRI, BEVERLY H. MACRI,
AND MICHAEL D. RADON
TO PAUL K. MEYER AND ALFRED T. MEYER
T H E C I T Y C 0 U N C I L
City of Morro Bay, California
WHEREAS, a request has been made by Francis N. Macri, Beverly
H. Macri, and Michael D. Radon to transfer the leasehold interest
in Lease Site No. 37W to Paul K. Meyer and Alfred T. Meyer 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
lessees 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 Francis N. Macri, Beverly H. Macri,
and Michael D. Radon of the leasehold interest in
Lease Site..No. 37W to Paul K. Meyer and Alfred
T. Meyer; 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 Brown 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, Pipitone, Shelton and Mayor Mitchell
NOES: None
ABSENT: None
ADOPTED: May 10, 1976
ATTEST:
Ae- w- - -
Mury,L/'WARDEN, City'Clerk
Z-
DALE C. MITCHELL, Mayor
ASSUMPTION AGREEMENT
Lease Site No. 37W
Lease executed January 13, 1964
Paul K. Meyer and Alfred T. Meyer, assignees, accept the
aforesaid assignment of lease from Francis N. Macri, Beverly
H. Macri, and Michael D. Radon, and hereby agree with the
assignors and with the City of Morro Bay, a municipal corp-
oration, to be bound by all of the terms and conditions of the
lease and to assume all of the obligations of the lessee in
the aforesaid lease, including payment of rent at the time and
in the manner as therein set forth.
Assignees acknowledge the title to the lease premises is
in the State of California and the City of Morro Bay as suc-
cessor trustee of said land and agree not to contest saia title.
Assignees rely solely on their individual determination of
assigpors right to assign and on their individual determination
of the existence of any claims or liens against said lease and
acknowledere and understand that City is not responsible for or
connected with such rights or claims except
the City's interest and rights
lease site.
STATE OF CALIFORNIA
County o f tz?
to the extent of
as Lessor and trustee of the
a� e?
X. MEYER
AVF3E� T. MEYER
V
On �//, 1, / -2 9 before me, the undersigned, a Notary Public
in andyor said state, personally appeared Paul K. Meyer and
Alfred 'T. Meyer, known to me to be the persons whose names are
subscribed to the within instrument and acknowledged that they
executed the same.
WITNESS my hand and official seal.,
L_-L-
L � U-_� Y/__� &
9-ig-rilature
DONALD W. WELL
NOTARY PUBLIC - CALIFORNIA
BOND FILED IN
KERN COUNTY.
ISSION EXPIRES FEB. 3, 1980
ASSIGNMENT OF LEASE AGREEMENT
FRANCIS N. MACRI, BEVERLY H. MACRI, AND MICHAEL D. RADON
hereby assign to Paul K. Meyer and Alfred T. Meyer, all the
right, title and interest,in and to that certain lease dated
January 13, 1964, by and between the County of San Luis Obispo,
a,political subdivision, and the City of Morro Bay, a municipal
corporation, as successor in interest; concerning that certain
tide and submerged lands lease site known as Lease Site No. 37W,
said lease being more particularly described on Page 1 of that
certain Lease between the County of San Luis Obispo and Wesley
E. Mallery. The term of said lease is fifteen (15) years com-
mencing January 1, 1964, and expiring without notice on December
31, 1978;
Reference is made to said lease, a copy of which is attached
to the original of this Assignment of Lease Agreement and Assump-
tion Agreement for further particulars.
i
This assignment is conditional upon each of the following:
1. Approval of the City of Morro Bay of this lease
assignment. Such approval is to be evidenced by
certified copy of the resolution of the city of
Morro Bay granting this consent; and
2. The execution of the Assumption Agreement attached
hereto.
Dated this day of 1976.
9
_fRANCIS N. MACRI L %
A',
BEVERLY Ey/MACRI
--2r--eL_q( 5)
MICHAEL D. RADON -
RESOLUTION NO. 30-76
RESOLUTION AUTHORIZING CHANGES IN PERMITTED USES
ON LEASE SITES NO. 71, 72, 71W AND 72W, - MITCHELL
T H E C I T Y C 0 U N C I L
City of Morro Bay,,California
WHEREAS, it is mutually agreed between the City Council of
the City of Morro Bay and Dale C. and Kay K. Mitchell, holders
of leasehold interest in Lease Sites No. 71, 72, 71W, and 72W,
that an additional use be added to the permitted uses on said
lease site as follows:
"operation of sport fishing and commercial
fishing boats"
and;
WHEREAS, the present permitted uses on said lease site
are as follows: I
"Pottery and gift shop, rental of boat slips,
and residence for lessee-.`
NOW, THEREFORE, BE IT RESOLVED that the permitted use
"operation of sport fishing and commercial fishing boats" be
added to the list of permitted uses on Lease Sites No. 71, 72,
71W, and 72W.
on motion by Councilman Brown and seconded by Councilman
Shelton , the Morro Bay City Council hereby adopts the fore-
going resolution in its entirety on the following roll call vote:
AYES: Councilmen Brown,
ABSTAIN: Mayor Mitchell
NOES: None
ABSENT: None
ADOPTED: May 10, 1976
Pipitone, and Shelton
DALE C. MITCHELL, Mayor
ATTEST:
WARDEN, City k
FAV�
RESOLUTION NO. 29-76
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 0 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
1976/77, dated April 26, 1976, 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 behalf
of the City of Morro Bay; 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 Pipitone and seconded by Councilman
13ro,.Nin , 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 Brovin, Pipitone, Shelton and 1-1-ayor Mitchell
NOES: None
ABSENT: None
ADOPTED: April 26, 1976
DALE C. MITCHELL, Mayor
ATTEST:
M U RNI A Y WARDEN, City Clerl�—
RESOLUTION NO. 28-76
RE50LUTION APPROVING AGREEMENT WITH THE
DEPART14ENT OF TRANSPORTATION FOR THE INSTALLATION
OF A TRAFFIC C014TROL SIGNAL SYSTEM AND SAFETY LIGHTING
AT THE INTERSECTION OF SAN JACINTO AND STATE HIGHWAY ROUTE 001
T-H E C I T Y C 0 U N C I L
City of Morro Bay, California
WHEREAS, there have been numerous traffic accidents at the
intersection of San Jacinto and State Highway Route-*.l;--&nd
WHEREAS, it is in the interest of the public safety and
general welfare to install a traffic signal at this intersection;
and
WHEREAS, the Department of Transportation, State of California,
has indicated a willingness to install a traffic control signal;
and
WHEREAS, the Department of Transportation and the City of
Morro Bay will share in the costs of such installation on a 50-50
basis.
NOW, THEREFORE, BE IT RESOLVED,that the agreement by and
between the City of Morro Bay and the Department of Transportation,
State of California, 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.
on motion by Councilman Brown 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, Pipitone, Shelton and Mayor Mitchell
NOES: None
ABSENT. None
ADOPTED: April 26, 1976
DALE C. MITCHELL, Mayor
ATTEST:
A. /" �,�
RUrY L/WARDEN, City Clerk
0 0
05-SLO-001-30-7/31.5
05351 - 241601
SHR 001 & San Jacinto.
District Agreement No. 76-11
THIS AGREEMENT9 MADE AND ENTERED INTO THIS'
DAY OF
19 �76'
BY AND BETWEEN
CITY OF MORRO BAY,
a body politic and a municipal
corporation of the State of
California. hereinafter referred
.to as "CITY$@
I
-STATE OF CALIFORNIA
acting by and through Its
Business and Transportation
Agency. Department of Transportation
hereinafter referred to as
"STATE"
I
I ,
0 0
WHEREAS, STATE and CITY contemplate Installation of
traffic control signal system and safety lighting at the Inter-
section of San Jacinto with State Highway Route 001 all of which
Is situated within the CITY of Morro Bay, and desire to specify
herein the terms and conditions under which said system is to be
installed, financed and mal'ntalned.
NOW, THEREFORE, In consideration of the covenants and
conditions herein contained, the parties hereto agree as follows:
SECTION I
STATE AGREES:
(1) To Install the traffic control signal system
and safety lighting hereinbefore mentioned. through construction
by contract with construction contractor licensed by the
State of California, said contract to be carried out In accordance
with provisions of the State Contract Act, Chapter 3. Part 5.
Division 3. Title 2 of the Government Code, and work completed
In conformity with plans and specifications of STATE.
(2) To prepare plans and specifications and provide
all! necessary construction engi-neering services for the above
rie`ntllbned contract.
(3) To bear STATE's proportionate share of the expense
of preparation of plans and specifications and construction
enginee Ing (including all direct and Indi-rect costs [functional
an4 addInIstrative overhead assessment] attributable to such work,
ap Ilail �Illn accordance with STATE's stand . ard accounting procedures)
and construction costs required -to complete the Installation
refe,�red to herein, such share to be a sum bearing the same
prijportlon to the total cost of the above mentioned construction,
I
a
I
construction engineering and plans and specifications as the
number of legs of highways under jurisdiction of STATE at the
Intersection Involved bears to the total number of legs of
highways at such Intersection.
(4) To maintain and operate the entire traffic
control signal system and safety lighting as Installed.
SECTION I I
CITY AGREES:
(1) To deposit with STATE within 30 days of receipt
of billing therefor (which billing will be forwarded Immediately
following STATE's bid advertising date of a construction contract
for the aforesaid Installation), the amount of $62,100.00, which
figure represents CITY's estimated share of the expense of
preparation of plans and specifications, construction engineering.
and construction costs required to complete the Installation
referred to herein.
The actual amount of CITY's share of the expense
of preparation of plans and specifications and construction
engineering (including all direct and Indirect costs [functional
and administrative overhead assessment). attributable to such work.
applied In accordance with STATE's standard accounting procedures)
and construction costs will be determined after completion of
work and a financial settlement made upon final accounting of
costs. Said share will be a sum bearing the same proportion to
the total cost of the above mentioned construction. construction
engineering and preparation of plans and specifications as the
number of legs of highways under jurisdiction of CITY at the
Intersection Involved bears to the total number of legs of
highways at such Intersection.
(2) To pay Its pro rate share, as set out hereinaboVe
In Section 11, Article (1). of all monies actually expanded,
In the event that construction of the traffic control signal
system and safety lighting Is terminated or delayed for a period
of one year or more for any reason: whatsoever.
(3) To reimburse STATE for CITY's proportionate
share of the cost of maintenance and operation of said traffic
control signal system and safety lighting, such share to be
determined In the manner provided in that Agreement for
Maintenance of State Highways within the CITY which Is In
effect at the time said costs are Incurred,* or If no such
agreement exists, such share to be a sum bearing the same
proportion, to the total cost of maintenance and operation
of said traffic control signal system and safety lighting
as the number.of legs of highways under jurisdiction of the
CITY bears to the total number of legs of highway at such
Intersections.
SECTION 1-11
IT IS MUTUALLY UNDERSTOOD AND AGREED
(1) That obligations of.STATE under terms of
this Agreement are subject to the allocation of funds by
the California Highway Commission.
(2) STATE shall not award a contract for the
work unless and until receipt of CITY's deposit required
In Section 11 (1).
n
(3) That the expense of preparation of plans and
specifications, as specified In Section 11, Article 1. shall be
the same percentage that CITY's actual final construction cost
bears to the actual final construction cost of the Installation.
(4) That the cost of construction engl*nearing shall
be the same percentage that CITY's actual final construction cost
.bears to the actual final construction cost of the Installation.
(5) That neither STATE nor any officer or employee
thereof shall.be responsible for any damage or liability occurring
by reason of anything done or omitted to be done by CITY under
or In connection with any work, authority or jurisdiction delegated'
to CITY under this Agreement. It Is also understood and agreed
that, pursuant to Government Code Section 895.4 CITY shall fully
Indemnify and hold STATE harmless from any liability Imposed for
Injury (as defined by Government Code Section $10.8) occurring
by reason of anything done or omitted to be done by CITY under
I or In connection with any work. authority or jurisdiction
delegated to CITY under this Agreement.
(6) That neither CITY nor any officer or employee
thereof, Is responsible for any damage or liability occurring
by.reason of anything done or omitted to be done by STATE
under or. In connection with any work. authority or Jurls-
diction not delegated to CITY under this Agreement. It Is
also undirstood and agreed that, pursuant to Government Code
Section 895.4. STATE shall fully Indemnify and hold CITY
harmless from any liability Imposed for Injury (as defined
by Government Code Section 810.8) occurring by reason of
0
anything done or emitted to be done by STATE under.or In
connection with any workq authority or jurlsdict-lon not
delegated to CITY under this Agreement.
(7) That, should any portion of the project be
i1nanced with Federal Funds or State gas tax funds all
applicable procedures and policies relating to the use of
such funds shall apply notwithstanding other provisions of
this agreement.
IN WITNESS WHEREOF, the parties hereto have
caused this Agreement to be executed by their respective
officers, duly authorlzedg the provisions -of which Agreement
are effective as of the day, month and year first herainabove
written.
STATE OF CALIFORNIA CITY OF MORRO BAY
Department of Transportation
ADRIANA GIANTURCO
Director of Transportation
�7
By ez�j-
-trict Dfrprtor-/of-
Transportation
By
Mayor
Attest:
C-�ty Cferk
� I I
Approved as,to Form and
Procedure:
n-7
�91 y Attorney
I
0 4�
RESOLUTION NO. 27-76
RESOLUTION COMMENDING THE MORRO BAY, HIGH SCHOOL
PIRATES BASKETBALL TEAM '
T H E C I T Y C 0 U N C I L
City of Morro Bay, California
WHEREAS, the Morro Bay High School Pirates Basketball
Team has won the California interscholastic Federation, Southern
Section I -A Division Championship for the first time in the
history of Morro Bay High School Basketball; and
WHEREAS, the Morro Bay High School Pirates won the Los
Padres Athletic League Basketball Championship with twelve wins
and no losses, this being the first time any team has accom-
plished t�is feat; and
WHEREAS, the Morro Bay High School Pirates have a total
season record of twenty-six wins with only two losses and
experienced no defeats since January 31, 1975; and
WHEREAS, the Morro Bay High School Pirates, by their
dedication to the highest standards of sportsmanship and athletic
performance, have brought credit and recognition to Morro Bay
High School and the City of Morro Bay.
NOW, THEREFORE, BE IT RESOLVED, that the Morro Bay City
Council does hereby congratulate and commend the following
members of the Morro Bay High School Pirates for their out-
standing achievements:
Jack Rodda
Robin Brown
Dave McCracken
Shawn Kuhn
Mark Pytko
Jack Wheeler
Joe Poe
Dan Rogers,
Stanley Craig
Jim Hayes
Jerry Leetham
Chris Wheeler
Mike Wells
Mitch Panek
Jeff Riley
Coach Sal Cardinale
Managers Harlan Schellenger and Ron Geiger
On motion by Councilman Brown, and seconded by Councilman
Pioitone , the City Council of the City of Morro Bay hereby
adop-ts the foregoing proposed resolution in its entirety on the
following roll call vote:
AYES: Councilmen Brown, Pipitone, Shelton and Mavor Mitchell
NOES: None
ABSENT: None
ADOPTED: April 26, 1976
ATTEST:
Al /ow 14
MU
,ARAY,�C- WARDEN, City CT_e_rF_
zpa_& (I 27?c�ee�w
DALE C. MITCHELL, Mayor
RESOLUTION NO. 26-76
1
RESOLUTION AND ORDER ABANDONING
A PUBLIC UTILITY EASEMENT IN BLOCK 8B, ATASCADERO BEACH
T H E C I T Y C 0 U N C I L
City of Morro Bay, California
I
WHEREAS, the City Council of the City of Morro Bay finds
that a portion of an existing public utility easement in Block 8B
of Atascadero Beach and more fully described in Exhibit A attached
hereto and by reference made a part,hereof is unnecessary for present
or prospective street or public utility purposes; and
I
WHEREAS, the City Council of the City of Morro Bay has
determined that notice of public hearing has been published once
each week for two successive weeks in the Sun -Bulletin; and
WHEREAS, the City Council of the City of Morro Bay has
determined that notices of intention to vacate said easement have
been posted along said easement at intervals of 300 feet at least
10 days prior to the hearing.
NOW, THEREFORE, IT IS RESOLVED AND ORDERED that the City of
Morro Bay hereby vacates and abandons its interest in such portions
of Block 8B, Atascadero Beach described in Exhibit A, and that the
City Clerk be and is hereby directed"to record this resolution in
the Office of the County Recorder of the County of San Luis Obispo.
On motion by Councilman Brown, and seconded by Councilman
Shelton, the Morro Bay City Council hereby adopts in its
entirety the foregoing proposed res6lution on the following roll
call vote:
AYES: Councilmen Brown, Pi.pitone, Shelton zinc! M,7.iyc)r ',litchell
NOES: None
ABSENT: None
ADOPTED. April 12, 1976
DALE C. MITCHELL, Mayor
ATTEST:
M./L'/WARDEN, City Clerk
EXHIBIT "A"
VACATION OF PUBLIC UTILITY EASEMENT IN BLOCK 8B,
ATASCADERO BEACH
DESCRIPTION
A por-tion of Block 8B, Atascadero Beach, in the City of
Morro Bay, County of San Luis Obispo, State of California,
described as follows:
A strip of land five (5.00) feet in width along
the following described centerline: Beginning
at a point on the line between Lots 2 and 4,
said point being 2.50 feet northwest of the most
southerly corner of Lot 4; thence northwesterly,
along the southwesterly line of Lot 4, to the
southeasterly right-of-way line of Yerba Buena
Street (formerly Fourth Street), said point being
the end of the described centerline.
I
Also, a strip of land five (5.00) feet in width
along the following described centerline: Beginning
at a point on the line between Lots 1 and 15, said
point being twenty-two and five -tenths (22.50) feet
southeasterly from the most westerly corner of Lot
15; thence southeasterly along the southwesterly
line of Lot 15, to the northwesterly right-of-way line
of Whidbey Street (formerly Fifth Street), said point
being the end of the described centerline.
RESOLUTION NO. 25-76
RESOLUTION APPROVING GRANT OF USE PERMIT
TO MORRO BAY FIREFIGHTERS I.A.F.F. LOCAL 1855
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 Firefighters 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 Agreement for
and on behalf of the City of Morro Bay.
on motion by Councilman Brown 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, Pipitone, Shelton and Mayor Mitchell
NOES: None
ABSENT: None
ADOPTED: April 12, 1976
DALE C. MITCHELL, Mayor
ATTEST:
MU
1XRAY L/ WARDEN, City Clerk
46 16
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is
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USE PERMIT AGREEMENT
3
The City of Morro Bay, a municipal corporation of the State
of California (hereinafter called CITY) hereby grants to the Mor
Bay Fire Fighters I.A.F.F. Local 1855 (hereinafte'r called
PERMITTEE) the right to use, on the terms and conditions herein-
after 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 that portion of
Block F, bounded on the south by Beach Street, on the west by
Embarcadero Street, on the north by Surf Street, and on the east
by Front Street, in the City of Morro Bay (hereinafter called
SAID PROPERTY).
1. The right and privilege granted to PERMITTEE pursuant to
this Use Permit Agreement shall become effective at the hour of
12:01 a.m. on Saturday, May 8, 1976 and shall expire at the h
of 11:59 P.M. on -Surida
,y, May 9, 1976.
2. PERMITTEE shall use SAID PROPERTY for the purpose of
conducting a circus under the -name of John Strong Circus and for
no other purpose. PERMITTEE may construct, maintain, and operate
I on SAID PROPERTY such exhibits and amusements as PERMITTEE deems
necessary for such pprpose; provided, however, that all rules,
regulations, resolutions, and Ord inances of the City of Morro Bay
or any department thereof, including, by way of illustration and
not limitation, fire and safety order, rules, regulations, or
lordinances, and any fees or regulations pertaining to the opera-
Ition of a business within the City Of Morro Bay, shall at all
Itimes be complied with.
3. Prior to the exoiration of this Use Permit Agreement
I IIPEP14ITTEE shall remove.or cause to be removed all exhibits and
2 11amusements and other facilities constructed or erected on SAID
3
by PERMITTEE. At
the expiration
of this
Use
Permit
4
11PROPERTY
Agreement, PERMITTEE shall
surrender SAID
PROPERTY
to
CITY in as
5 good condition as it was when it was originally received by
6 PERMITTEE, reasonable wear excepted.
7 4.a This Use Permit Agreement is, granted to PERMITTEE upon
8 the express conditions that PERMITTEE shall keep and hold the CITY
9 free from all liability, expense, and claim'for'damages by reason
10 of any injury or death to any person or persons, including
11 PEPIAITTEE, or property of any kind whatsoever and to whomsoever
12 11belonging, including PERMITTEE, from any cause or causes whatso-
13 ever during the term of this Use Permit Agreement or any extension
14 thereof or any occupancy of use hereunder; PERMITTEE hereby
15 covenanting and agreeing to indemnify and save CITY harmless from
16 all liability, loss, cost, and obligations on account of or
17 arising out of any such injuries or losses howsoever occurring.
18 4.b PERMITTEE agrees to take out and keep in force during
19 the life hereof at PEM1ITTEE'S expense, liability insurance to
20 protect against any liability to any person or persons, including
21 PERMITTEE, resulting from any occurrence in or about or incident
22 to SAID PROPERTY and appurtenant areas in the amount of $100,000
23 to indemnify against the claim of one person; $300,000 against the
24 claim of two or more persons; and $50,000 for property damage.
25 Said policies shall insure the liability o f PERMITTEE and the
26 Illiability, contingent or otherwise, of CITY and such other persons
27
firms, or corporations
as may'b� designated by
CITY. If PERMITTEE
28
does not keep such insurance
in full force and
effect, this Use
29
Permit Agreement may be
immediately terminated.
PERMITTEE shall
30
CITY with copies or
certificates
of
all of said policies
31
11provide
including endorsements which
state that
such
insurance shall'not
32 The cancelled except after ten . days prior written notice'to CITY.
1 -2-
I 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.
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,
71 including by way of illustration and not limitation, electricity,
gas, water, and telephone which are used on or about SAID PROPERTY
911 during the term of this Use Permit Agreement.
110 6. CITY shall have the right to enter upon SAID PROPERTY at
1111 all reasonable hours to examine the same or to make such repairs or
12 temporary alterations as CITY shall, in its sole discretion, desire.
1311 CITY OF MORRO BAY
1411
15 Dated: �.Llzr)
. 161
17 11 ATTEST:
18
19 Z
MUR�LAY V. WARDEN,. City -Crerk
20
211
22 Dated:
1976
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DALE C.' MITChELL, Mayor
PERKITTEE
By:
Title:
-13-
RESOLUTION NO.24.-76
RESOLUTION APPROVING AMENDMENT TO LEASE WITH
SHIRLEY L. RICHEY FOR LEASE SITES NO. 96 AND 96W
T H E C I T Y C 0 U N C I L
City of Morro Bay, California
WHEREAS, a request has been made by Shirley L. Richey to
extend the lease on Lease Sites No. 96 and 96W for a ten year
period commencing July 1, 1976; and
WHEREAS, the terms of the basic lease grant to the Lessee
the option to extend the period of the original lease by an
additional ten years under the same conditions as existing.in
the original lease; and
WHEREAS, it is in the public interest that the approval of
an amendment to the basic lease between Shirley L. Richey and
the City of Morro Bay, as successor to the County of San Luis
Obispo, granting this extension be approved:
NOW, THEREFORE, BE IT RESOLVED that consent is hereby given
by the City Council of the City of Morro Bay to the Amendment to
Lease for Lease Sites No. 96 and 96W extending this lease for
an additional ten year period commencing on July 1, 1976; and
BE IT FURTHER RESOLVED that the Mayor and City Clerk be and
are hereby directed to sign said Amendment to Lease on behalf
of the City of Morro Bay.
On motion by Councilman Brown 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, Pipitone and Shelton and Mayor Mitchell
NOES: None
ABSENT: None
ADOPTED: March 22, 1976
Lai C 2214zV1
DALE C. -MITCHELL, Mayor
ATTEST:
AK142��O�
WARDEN, City Clerk
AMENDMENT TO LEASE
it is hereby agreed and and between the city of Morro Bay,
a municipal corporation, as successor to the County of San Luis
Obispo, LESSOR, and Shirley L. Richey, LESSEE, that that certain
lease entered into on the 3rd day of July, 1961, between said
County as LESSOR and Shirley L. Richey as LESSEE, concerning
Lease Sites No. 96 and 96W, more particularly described in said
lease, is hereby amended in the following particulars only:
(1) City of Morro Bay, a municipal corporation, is hereby
substituted in the place and stead of County of San
Luis Obispo, a political subdivision, as LESSOR; and
wherever the term "County" appears in said lease,
the word "City" is substituted therefor.
(2) Shirley L. Richey is hereby substituted in the place
and stead of Shirley McCutcheon as LESSEE and
wherever the term LESSEE appears in said lease,
it is intended to mean Shirley L. Richey.
(3) The term of this lease is extended for a ten (10) year
period, commencing July 1, 1976 and expiring
without notice at the close of business on June 30,
1986.
(4) It is mutually agreed by and between City and LESSEE
that the appraised value of said leasehold improve-
ments, as determined in compliance with the terms of
the basic lease, is $8,500 for the five year period
beginning July 1. 1976.
(5) Each and all of the other terms, provisions, and
conditions of said lease, except as expressly modified
above, remain in full force and effect.
Amendment to Lease
Page Two
This axnendment to lease of real property is authorized
-by Resolution No. 24-76 of the Morro Bay City Council dated
March 22, 1976.
DATED: March . CITY OF MORRO BAY
ATTEST:
ARDEN, City Clerk
DIft G. MiT'CkEft, Mayor
LESSEE
SHIRLEY L ICHEY
RESOLUTION NO. 23-76
RESOLUTION AUTHORIZING GRANTING OF LEASE TO
REG WHIBLEY, EDWARD J. STRASSER AND ARTHUR R. FRY
FOR LEASE SITES NO. 52 AND 52W (MB3)
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 negotiated with Reg
Whibley, Edward J. Strasser and Arthur R. Fry regarding the leasing
of Lease Sites No. 52 and 52W (MB3); and
WHEREAS, it is in the public interest that a lease be granted
to Reg Whibley, Edward J. Strasser and Arthur R. Fry for said lease
site for the purposes, terms and upon payment of rentals as speci-
fied in said lease; and
WHEREAS, the original of said lease is on file in the office
of the City Clerk of this City.
NOW, THEREFORE, BE IT RESOLVED that consent is hereby given
by the City Council of the City of Morro Bay to the execution of
said lease with Reg Whibley, Edward J. Strasser and Arthur R. Fry
for Lease Sites No. 52 and 52W (MB3); and
BE IT FURTHER RESOLVED that the Mayor and City Clerk be and
are hereby directed to sign said lease on behalf of the City of
Morro Bay.
On motion by Councilman Pipitone and seconded by Councilman
Shelton , the Morro Bay City Council hereby adopts in its
entirety the foregoing proposed resolution on the following roll
call vote:
AYES: Councilmen Brown, Pipitone and Shelton and Mayor Mitchell
NOES: None
ABSENT: None
ADOPTED: March 22, 1976
&�&& C � - �"
DALE C. MITCHELL, Mayor'
ATTEST:
h
M.'19: WARDEN, City Cl�_r_k
RESOLUTION NO, 22-76
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF MORRO BAY, CALIFORNIA, 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 JUNE 8,
1976, WITH THE STATEWIDE PRIMARY ELECTION TO BE
HELD ON JUNE 8, 1976, PURSUANT TO SECTION 23302
OF THE ELECTIONS CODE
T H E C I T Y C 0 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 June 8, 1976, for the purpose of the election of a
member of the City Council of said city for the term of office
in which a vacancy was created and which ends March, 1978; and
WHEREAS, it is desirable that said special municipal election
be consolidated with the statewide primary 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 County Clerk of the County of San Luis Obispo
canvass the returns of the special municipal election and that said
statewide primary election and special municipal be held in all
respects as if there were only one election;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MORRO BAY,
CALIFORNIA, DOES HEREBY RESOLVE, DETERMINE AND ORDER, 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 statewide
primary election on Tuesday, the 8th day of June, 1976, for the
purpose of the election of a member of the city council for the term
of office in which a vacancy was created and which ends March, 1978.
SECTION 2. The County Clerk is hereby authorized to canvass
the returns of said special municipal election which it is hereby
requested to consolidate with said statewide primary 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.
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 consolidated election.
SECTION 4. The City of Morro Bay recognizes that additional
costs will be incurred by the County by reason of this consolidation
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
County Clerk of the County of San Luis Obispo.
on motion by Councilman Brown 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:
. OW..
RE5. NO, 22-76
Page Two
AYES: Councilmen Brown, Pipitone, Shelton and Mayor Mitchell
NOES: None
ABSENT: None
ADOPTED: March 16, 1976
ATTEST:
WARDEN, City Clerk
RESOLUTION NO. 21-76
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 8TH DAY OF JUNE, 1976, FOR THE ELECTION
OF A MEMBER OF THE CITY COUNCIL OF SAID CITY
AS REQUIRED BY THE PROVISIONS OF THE LAWS OF
THE STATE OF CALIFORNIA RELATING TO GENERAL
LAW CITIES AND CONSOLIDATING SAID ELECTION
WITH THE STATE-WIDE PRIMARY ELECTION TO BE
HELD ON SAID DATE
T H E C I T Y C 0 U N C I L
City of Morro Bay, California
WHEREAS, a vacancy in the office of member of the City
Council was created by the resignation of D�Lle C. Mitchell on
March 9, 1976, and;
WHEREAS, the term of office in which the vacancy was
created by said resignation of Dale C. Mitchell ends March,
1978;
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 8th day of June, 1976, a special muni-
cipal election of the qualified electors of said City for the pur-
pose of the election of a member of the City Council of said City
for the term of office in which the vacancy was created by the
resignation of Dale C. Mitchell which ends March, 1978.
SECTION 2. That the special election hereby called for the
date hereinbefore specified shall be and is hereby ordered consoli-
dated with the statewide primary election to be held on said date,
and within said city the precincts, polling places and officers
of election for the special municipal election hereby called shall
be in the same as those provided for said statewide primary election.
The Board of Supervisors of San Luis Obispo County is hereby re-
quested to order the consolidation of the special municipal election
hereby called with said statewide primary election, and the County
Clerk 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 primary election, shall be used.
Said County Clerk shall certify the results of the canvass of the
returns of said special municipal election to the City Council of
said city which shall thereafter declare the results thereof.
SECTION 3. That the polls for said election shall be open at
seven o'clock A.M. of the day of said election and shall remain open
continuously from said time until eight o'clock P.M. of the same day
when said polls shall be closed, except as provided in Section 14436
of the Elections Code of the State of California.
RM NO� 21-76
Page Two
SECTION 4. That in all particulars not recited in this
Resolution, said election shall be held and conducted as provided
by law for holding municipal elections in said City.
SECTION 5. 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 6. 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 proceedings of
the City Council of said City, in the minutes of the meeting at which
the same is passed and adopted.
SECTION 7. That this Resolution shall take effect immediately.
On motion by Mayor Mitchell and seconded by Councilman
Shelton , 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, Pipitone, Shelton and mayor Mitchell.
NOES: None
ABSENT: None
ADOPTED: March 16, 1976 A�
-I i'v
DAL-E C.-MITCHELIL,-MaTor
ATTEST:
_Vx A —
M. joff. WARDEN, City Clerk
RESOLUTION NO. 20-76
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 2ND
DAY OF MARCH, 1976, AND DECLARING THE RESULT THEREOF
AND SUCH OTHER MATTERS AS ARE PROVIDED BY LAW
T H E C I T Y C 0 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 2nd day of March, 1976, 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 pro ' oerly 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
elections in cities; and
WHEREAS, pursuant to Resolution No. 16-76 adopted the 23rd day
of February, 1976, the City Clerk of the City of Morro Bay canvassed
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,
CALIFORNIA, DOES RESOLVE AS FOLLOWS:
SECTION 1. That there were six (6) voting precincts established
for the purpose of holding said election consisting of consolidations
of the regular election precincts in the City of Morro Bay as estab-
lished 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:
A Mayor of said City for a two year term;
One (1) member of the City Council of said City
for the full term of four (4) years.
SECTION 3. That the whole number of votes cast in said City
(except absent voter ballots) was 2,904.
That the whole number of absent voter ballots cast in said City
was 106, making a total of 3,010 votes cast in said City.
SECTION 4. That the names of the persons voted for as said
election for mayor of said City are as follows:
Dale C. Mitchell
SECTION 5. That the names of persons voted for at said election
RESOLUTION NO. 20-76
Page Two
for Member of the City Council of said City are as follows:
Otto G. Crass
Eugene R. Shelton
Jess R. Gaoiran
Andrew W. (Pete) Gardner
Jack J. Jennings
That the number of votes given at each precinct and the number
of votes given in the City to each such persons above named for the
respective offices for which said persons were candidates were as
listed in "Exhibit A" attached.
SECTION 6. The City Council does declare and determine that:
DALE C. MITCHELL was elected as Mayor of the City
Council of said city for a term of two years;
EUGENE R. SHELTON was elected as a Member of the
City Council of said City for the full term of
four years.
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:
(1) The whole number of votes cast in the city;
(2) The names of the persons voted for;
(3) For what office each person was voted for;
(4) The number of votes given at each precinct to each person;
(5) The number of votes given in the city to each person.
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 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 Jennings and seconded by Councilman
Pipitone , the Morro Bay City Council hereby adopts the foregoing
proposed resolution in its entirety by the following roll call vote:
AYES: Councilmen Brown, Jennings, Mitchell, Pipitone and Mayor
Donohoo
NOES: None
ABSENT: None
ADOPTED: March 9, 1976
FRED R. DONOHOO, Mayor
ATTEST:
M. L. WARDEN, City Cl&rk
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RESOLUTION NO. 19-76
RESOLUTION AND ORDER ACCEPTING STREET RIGHT-OF-WAY
AND DIRECTING RECORDATION � ESTERO BAY UNITED 14ETHODIST CHURCH
AND PAUL H. MOORE AND MARGUERITE D. MOORE
T H E C I T Y C 0 U N C I L
City Of Morro Bay, California
WHEREAS, Estero Bay United Methodist Church has irrevocably
and perpetually offered for dedication by Document No. 18291,
dated March 7, 1972 and recorded June 9, 1972 in Volume 1672 of
Official Records, Pages 790, 791 and 792; and
WHEREAS, Paul H. Moore and Marguerite D. Moore have
irrevocably and perpetually offered for dedication by Document
No. 18292, dated March 23, 1972 and recorded June 9, 1972 in
Volume 1672 of Official Records, Pages 793, 794 and 795� San
Luis Obispo County Records; a portion of Lot 29 of the Rancho
Moro y Cayucos in the City of Morro Bay, County of San Luis
Obispo, State of California, as shown on a map thereof recorded
in Book A of Maps, at Page 160, San Luis Obispo County Records;
and
WHEREAS, the public necessity now requires the northerly ex-
tension of Ironwood Avenue from its present terminus;
NOW, THEREFORE, BE IT RESOLVED and ordered that a portion
of said property offered for dedication be accepted on behalf of
the public; said portion being more particularly described as
follows:
Commencing at a monument in the centerline of Ninth
Street (Ironwood Avenue) set on the northerly line
of Tract No. 174, recorded in Book 6 of Maps, at
page 38; thence N. 72030' E., along the said northerly
line, 25.00 feet; thence N. 170251 W., 159.76 feet;
thence S. 720301 W., 50.00 feet; thence S. 72025' E.,
159.76 feet to the northerly line of Tract No. 174;
thence N. 720301 E., along said line, 25.00 feet to
the point of beginning; which described property is
shown on Parcel Map No. MB 71-79.
BE IT FURTHER RESOLVED and ordered that the City Clerk be
and is hereby directed to record a copy of this resolution in
the office of the Recorder of the County of San Luis Obispo.
On motion of Councilman Jennings and seconded by Councilman
Pinitone , the City Council of the City of Morro Bay hereby adopts
the foregoing order and resolution in its entirety on the following
roll call vote:
AXES: Councilmen Brown,
mayor Donohoo
NOES: None
ABSENT: None
ADOPTED: March 8, 1976
ATTEST:
Jennings, Mitchell, Pinitone and
. Ae"'I- /e xy--e��
FRED R. DONOHOO, Mayor
M. L. WARDEN, City Clerk
RESOLUTION NO. 18-76
RESOLUTION OF INTENTION TO VACATE
A PUBLIC UTILITY EASEMENT IN BLOCK 8B,
ATASCADERO BEACH AND SETTING DATE FOR HEARING
T H E C I T Y C 0 U N C I L
City of Morro Bay, California
RESOLVED, that the City Council of the City of Morro Bay
intends to vacate a portion of an existing public utility
easement in Block 8B of Atascadero Beach pursuant to Government
Code §50430 - vacation of easement - et seq. Said portion of
utility easement proposed to be abandoned is described on
Exhibit "A" attached hereto and by this reference made a part
hereof. For further particulars as to the proposed vacation of
utility easement, reference is made to a map on file in the
office of the City Clerk of the City of Morro Bay.
BE IT FURTHER RESOLVED that the Morro Bay City Council
will hold a public hearing on Monday, April 12, 1976, at 7:30 p.m.
in the Morro Bay Recreation Hall, Morro Bay, California, to con-
sider the matter of vacation of such easement, 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 easement abandonment; and
BE IT FURTHER RESOLVED that the City Clerk be directed to
cause a notice of public hearing to be published once each week
in the Sun -Bulletin, a newspaper of general circulation, for two
successive weeks prior to hearing and to post notice of intention
to vacate said easement along said easement at intervals of 300 feet
or less, at least ten days before the date set for said hearing.
On motion made 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 Donoh000
NOES: None
ABSENT: None
ADOPTED: March 8, 1976
Z&aele_ e&-mz�_
ki?zu x. 1)UNUH0Q, mayor
ATTEST:
ir r. WARDENt' City Clerk
� _._1 0 0
EXHIBIT "A"
VACATION OF PUBLIC UTILITY EASEMENT IN BLOCK 8B,
ATASCADERO BEACH
DESCRIPTION
A portion of Block 8B, Atascadero Beach, in the City of
Morro Bay, County of San Luis Obispo, State of California,
described as follows:
A strip of land five (5.00) feet in width along
the following described centerline: Beginning
at a point on the line between Lots 2 and 4,
said point being 2.50 feet northwest of the most
southerly corner of Lot 4; thence northwesterly,
along the southwesterly line of Lot 4, to the
southeasterly right-of-way line of Yerba Buena
Street (formerly Fourth Street), said point being
the end of the described centerline.
Also, a strip of land five (5.00) feet in width
along the following described centerline: Beginning
at a point on the line between Lots 1 and 15, said
point being twenty-two and five -tenths (22.50) feet
southeasterly from the most westerly corner of Lot
15; thence southeasterly along the southwesterly
line of Lot 15, to the northwesterly right-of-way line
of Whidbey Street (formerly Fifth Street), said point
being the end of the described centerline.
RESOLUTION NO. 17-76
RESOLUTION APPROVING GRANT OF USE PERMIT
AGREEMENT TO DEPARTMENT OF THE AIR FORCE, CAMBRIA
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
Department of the Air Force, Cambria, 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 Pinitone , 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
Mhyor Donohoo
NOES: None.
ABSENT: None
ADOPTED: March 8, 197G
ATTEST:
WARDEN, City Clerk
A��ezf 'Oe��
FRED R. DONOHOO, Mayor
A,
L
0
7
P,
Vi
17
18
20
_21
'22
23
24
27
23
29
30
33.
..NS
USE PER14IT ACREEI-ENT
'The City of. Morro Bay, a municipal corporation of the
State ofCalifornia (hereinafter called CITY) hereby
+ grants to
Depaxtment of the Air Force, Cambria.
(hereinafter railed PERMITTEE) the right to use, on the terms and
conditions hereinafter set forth, that property of the City rf
Morro Bay 'located within the city limits of the City of Morro Bay,
County of San Luis Obispo, State of California, and described as:
Lila H. Kei ser Park
(hereinafter called SAID PROPERTY)..
The right and privilege granted to PERMITT,7E pursuanr- to
this Use Per=t Agreement shall become effective between the hours
of 0 - 00. a.m. and 6: 00 p.m. on Friday, july 2, Saturday, auly 3
And Sunday, Julv 4, 1976.
2. PERMITTEE shall use SAID PROPERTY for the purpose of
conducting a 26 Air Division Softball Tournament-.
.,a nd f or no other p.urpose.. .-P-ERMITTF-B may Aisp J_ay -such �exhibits .-n
SAID PROPERTY as PERMITTEE deems necessary for such purpose, pro-
vided however, that all rules, -regulations, resolutions, and
ordinances of the City of Morro Bay or any department thereof,
including by-wa,,r-of-'-.I-l-v-,-ctrati-n-n,but 'not jjmi*+-atj-n" 4:,,. .�A
safety ord-_rs, rales, zegula ticns,.or orClinaxices, shall. aL all
times be complied Wth.
Prior to the expiration r-)f this Use Per.mit Agreement,
PERMITTEE shall re-ove or cause to be removed, all e).:hibits and
other facilities constructed or erected on SAID PrG_;�Ej�'.TY by
PER!eITTEE. All the expiration of this Use Permit Agreement,
PEXI-:1TTEE Shall r,TD PROPZ-,�Y t�- CITY in-us:gOod
oil r INX. IX,
.
IL
11
2.1 3
M
I condition as it was when it was originally received by PERMITTEE,
reasonable wear excepted.
4.a 'This Use Permit Agreement is granted to PERMITTEE u
poll
the exptess 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 PERMITTEB, or
7 property of any kind whatsoever and to whomsoever belonging,
8 including PERMITTEE, 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; PERMITTEE hereby covenanting and
11 agreeing to indemnify and save,CITY.harmless from all 1 iability,
12 loss, cost, and obligations on account of or arising out of any
13 such.injuries or losses howsoever occurring.
14 4.b PERMITTEE agrees to take out and keep in force during thE
15 life hereof, at PERMITTEE'S expense, liability insurance to protect
16 against any liability to any person or persons, including'.PERMITTEE,
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, con tingent or otherwise, of CITY.and such other persons,
23 firms, or . corporations -as may be designated by CITY. If PERMITTEE
24 does not keep such insurance in full force and effec t,. this Use
25
,Permit Agreement may be immediately terminated. PER14ITTEE shall
2e
provide City with copies and certificates of all of said policies
27 including endorsem . ents which state that such insurance shall not be
28
cancelled except after ten (10) days prior written notice to CITY.
29
Each such policy shall be approved as to form and insurance company
30
by CITY.
31
Cc Any insurance policy insuring PERMITTEE against clainiG,
32
expense, or liability for inJury or death to person or property ill
I
2
3
4
61
7
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
Isuch claim, expense, or liability.
5. P=mTmxr2 Ahajj fn� nil jj�-ijj� j�c i
c'l
8
g
TY
9
allvi"g Hie
-Tyrm P L#
10
6. CITY shall have the right to enter upon SAID PROPERTY
11
at all reasonable hours
to examine the same or to make such repairs
12
or temporary alterations as CITY shall, in its sole discretion,
13
desire.
14.
CITY OF MORRO BAY
15
16
Dated: Q�
4,7
Mayor
17
18
ATTEST:
19
20
21 11" —' "'N'
22
23
24
25
26
27
28
29
30
31
32
PERMITTEE
B
Titl e 62md',c 77j— kADS
Date' ' 17 - 1)%4-1
0
a
RESOLUTION NO. 16-76
RESOLUTION ORDERING THE CANVASS OF
THE GENERAL MUNICIPAL ELECTION TO BE HELD ON
THE 2ND DAY OF MARCH, 1976,
TO BE MADE BY THE CITY CLERK OF 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, a regular general municipal election will be held and
conducted in the City of Morro Bay, Countv of San Luis Obispo, State
of California, on Tuesday, the 2nd day of March, 1976, 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 the City of Morro Bay.
NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS:
SECTION 1. That Pursuant to Section 22932.50 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 2nd day of March,
1976, 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 orior to
the 9th day of March, 1976, complete the canvass of the regular
general municipal election to be held in said City on the 2nd day of
March, 1976, and shall certifv the results to this said City Council
on the 9th day of March, 1976.
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
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: February 23, 1976
FRED R. DONOHOO, Mayor
ATTEST:
M.//U'. WARDEN, City Clerk
RESOLUTION NO. 15-76
RESOLUTION APPROVING AMENDMENT TO LEASE WITH
DALE C. AND KAY K. MITCHELL FOR
LEASE SITES NO. 71, 72, 71W AND 72W
T H E C I T Y C 0 U N C I L
City of Morro Bayr California
WHEREAS, a request has been made by Dale C. and Kay K. Mitchell
to extend the lease on Lease Sites No. 71, 72, 71W and 72W for a
fifteen year period commencing February 1, 1976; and
WHEREAS, the terms of the basic lease grant to the Lessee
the option to extend the period of the original lease by an
additional fifteen years under the same conditions as existing in
the original lease; and
WHEREAS, it is in the public interest that the approval of an
amendment to the basic lease between Chris George and Isabel 0.
George and, subsequently, Dale C. and Kay K. Mitchell as AssigneeA;
and the City of Morro Bay, as successor to the County of San Luis
Obispo, granting this extension be approved.
NOW, THEREFORE, BE IT RESOLVED that consent is hereby given
by the City Council of the City of Morro Bay to the Amendment to
Lease for Lease Sites No. 71, 72, 71W and 72W extending this lease
for an additional fifteen year period commencing on February 1, 1976;
and
BE IT FURTHER RESOLVED that the Mayor and City Clerk be and
are hereby directed to sign said Amendment to Lease on behalf of
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, Pipitone and Mayor Donohoo
NOES: None
ABSTAIN: Councilman Mitchell
ABSENT,. None
ADOPTED: February 23, 1976
Ae� /10
FRED R. DONOHQO, Mayor
ATTEST:
7
//14UMIXY L. WARDEN, City Clerk
AMENDMENT TO LEASE I
it is hereby agreed by and between the city of Morro Bayr a
municipal corporation, as successor to the County of San Luis
Obispc�., LESSOR, and Dale C. . Mitchell and Kay K. Mitchell, LESSEESF
that that certain lease entered into on the 23rd day of January,
1961, between said County as LESSOR and Chris George and Isabel 0.
George as'LESSEES, concerning Lease Sites No. 71,.72,, 71W, and 72Wt
more particularly described in said lease, is hereby amended in
the following particulars only:
1. City of Morro Bay, a municipal -corporation, is hereby
substituted in the place and stead of County of San
Luis Obispo, a political subdivision, as LESSOR; and
wherever the term "County" appears in said lease, the
word "City" is substituted therefor.
2. bale C. Mitchell and Kay K. Mitchell are hereby substi-
tuted in the place and stead of Chris George and Isabel
0. George as LESSEE and wherever the term LESSEE appears
in said lease, it is intended to mean bale C. Mitchell
and Kay K. Mitchell.
3. The term of this lease is extended for a fifteen (15)
year period, commencing February 1, 197.6, and expiring
without notice at the close of business on January 31,
1991.
4. It is mutually agreed by and between City and LESSEE
that the appraised value of said leasehold improve-
mentsI.as determined in compliance with the terms of
the basic lease, is $11,800 for the five year period
beginning February 1, 1976.
5. It is mutually agreed by and between the City that LESSEE
may, at any time prior to the expiration of this lease
as amended herein, convert to a City -type lease provided
t hat a program of improvement and development is presented
to City by LESSEE and subject to City's approval of such
Amendment to Lease
Page Two
development program.
The terms and conditions of said
conversion shall be subject to negotiation and existing
City policy.
Each and all of the other terms, provisions, and condi-
tions of said lease, except as expressly modified above,
remain in full force and effect.
This amendment to lease of real property is authorized by
Resolution No. of the Morro Bay City CounC41 dated
DATED: CITY OF MORRO BAY
ATTEST:
Aw
M. 4;. WARDEN, City Clerk
Az"19'-p 21,
FRED R. DONOHOO, Mayor
LESSEE
7 /'
DALE C. MITCHELL
k4 �� bv�u�
KAY V. MITCHELL
L ""I
L7
RESOLUTION NO.14-76
RESOLUTION APPROVING ASSIGNMENT OF LEASE SITES
NO. 71,72,71W & 72W FROM JOHN J. KIRTH AND
GISELA G. KIRTH TO DALE C. MITCHELL AND KAY K. MITCHELL
T H E C I T Y C 0 U N C I L
City of Morro Bay, California
WHEREAS, a request has been made by John and Gisela Kirth,
husband and wife, to transfer the leasehold interest in Lease
Sites No. 71, 72, 71W, and 72W to Dale and Kay Mitchell, husband
and wife; 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
lessees 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 John J. and Gisela G. Kirth of
the leasehold interest in Lease Sites No. 71,
72, 71W, and 72W to Dale C. and Kay K. Mitchell,
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 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 I
NOES: None
ABSTAIN: Councilman Mitchell
ABSENT: None
ADOPTED: February 23, 1976
FRED R. DONOHOO, Mayor
ATTEST:
A!U�
M.'L. WARDEN,'City Clerk
I OF.
ASSIGNMENT OF LEASE AGREEMENT
JOHN J. KIRTH and GISELA G. KIRTH, husband and wife, hereby
assign to Dale C. Mitchell and Kay K. Mitchell, husband and wife,
all the right, title and interest in and to that certain lease
da:ted January 23, 1961, by and between the County of San Luis
Obispo, a political subdivision, and the City of Morro Bay, a
municipal corporation, as successor in interest; concerning that
certain tide and'submerged lands lease site known as Lease Sites
No. 71, 72, 71W and 72W; said lease being more particularly
described on Page 1 of that certain Lease between the County of
San Luis Obispo and Chris George and Isabel 0. George. The term
of said lease is fifteen (15) years commencing February 1, 1961,
and expiring without notice on January 31, 1976.
Reference is made to said lease, a copy of which is attached
to the original of this Assignment of Lease Agreement and ASSump-
tion Agreement for further particulars.
This assignment is conditional upon each of the following:
Approval of the City of Morro Bay of this lease
assignment. Such approval is to be evidenced by
certified copy of the resolution of the City of
Morro Bay granting this consent; and
2. The execution of the Assumption Agreement attached
hereto.
Dated this 8th day of Marc
el
L
bBLA G. K�RTH
ASSUMPTION AGREEMENT
Lease Sites No. 71, 72, 71W and 72W
Lease executed January 23, 1961
DALE C. MITCHELL and KAY K. MITCHELL, husband and wife,
assignees, accept the aforesaid assignment of lease from John J.
Kirth and Gisela G. Kirth, and hereby agree with the assignors
and with the City of Morro Bay, a municipal corporation, to be
bound by all of the terms and conditions of the lease and to assume
all of the obligations of the lessee in the aforesaid lease, including
the payment of rent at the time and in the manner as therein set
forth.
Assignees acknowledge the title to the lease premises is in
the State of California and the City of Morro Bay as successor
trustee of said land and agree not to contest said title.
Assignees rely solely on their individual determination of
assignors right to assign and on their individual determination
of the validity of all previous assignments, and their determination
of the existence of any claims or liens against said lease and
acknowledge and understand that City is not responsible for or
connected with such rights or claims except to the extent of the
City's interest and rights as Lessor and trustee of the lease site.
-i 4V-e
DALE C. MITCHELL
*4 _jV �aja-6L
KAY Yff MITCHELL
STATE OF CALIFORNIA
County of San Luis Obispo
�11
On ' Q CLtev,�-.3, 15776, before me, the undersigned,.. a Notary
Pub7ic'in and for said State, personally appeared Dale C. Mitchell
and Kay K. Mitchell, known to me to be the persons whose names are
subscribed to the within instrument and acknowledged that they
executed the same.
WITNESS my hand and official seal.
TIg—nature
NOT. 0CA`U'F'0`RNIA
PRINCIPAL OFFICE IN
SAN LUIS OBISPO COJN-:
My Comm4sion Expims March A6,1978'
RESOLUTION NO. 13-76
RESOLUTION AND ORDER OF COMPLAINT TO THE
FEDERAL COMMUNICATIONS COMMISSION
T H E C I T Y C 0 U N C I L
City of Morro Bay, California
WHEREAS, the City Council of the City of Morro Bay has received
complaints from the residents of the City of Morro Bay concerning
channel outages, channel fades and repetitious losses of their cable
television service; and
WHEREAS, the City Council of the City of Morro Bay finds that
Central California Communiciations Corporation, which company pro-
vides cable television service to the residents of the City of Morro
Bay, has experienced microwave channel outages, microwave channel
fades and repetitious losses of microwave service since June, 1975,
continuing to date; and,
WHEREAS, available information suggests- that the microwave
channel outages, microwave channel fades and repetitious losses of
microwave service dre not caused by, or under control of, Central
California Communications Corporation; and,
WHEREAS, the microwave channel outages, microwave channel fades
and repetitious losses of microwave service may be caused by inade-
quacies in facilities owned and operated by the MICROWAVE TRANS-
MISSION CORPORATION, a common carrier licensed by the Federal Communi-
cations Commission to provide microwave relay service of distant,
television broadcast signals to its customer, Central California
Communications Corporation.
NOW, THEREFORE, BE IT RESOLVED AND ORDERED that the City of
Morro Bay hereby registers a complaint to the Federal Communications
Commission and request that it investigate, review and determine as
follows:
1. The causes and reasons for the unreliable microwave
relay service of distant television broadcast signals
to Central California Communications Corporation; and
2. The causes and reasons for the microwave channel outages,
microwave channel fades and repetitious losses of micro-
wave service; and
3. Whether such microwave channel fades and repetitious
losses of microwave service can be immediately rectified,
in order that the residents of the City of Morro Bay may
receive and enjoy uninterrupted cable television service
in the public interest, convenience and necessity.
BE IT FURTHER RESOLVED AND ORDERED that the City Clerk be
authorized and directed to mail a copy of the foregoing resolution
to the following:
Federal Communications Commission
Common Carrier Bureau
1919 M Street, N.W.
Washington, D. C. 20554
Resolution No. 13-76
Page Two
Microwave Transmission Corporation
2460 Garden Road
Monterey, California 93940
Senator John 0. Pastore
Chairman, Senate Committee on Commerce
Subcommittee on Communications
Dirkson Senate Office Building
Room 3215
Washington, D. C. 20510
Senator John V.
Dirkson Senate
Room 6221
Washington, D.
Tunney
office Building
C. 20510
The Honorable Torbert H. McDonald
Chairman, House Committee on Interstate
and Foreign Commerce
Subcommittee on Communications
Rayburn House Office Building
Room 2470
Washington, D. C. 20515
The Honorable Burt L. Talcott
Longworth House Office Building
Room 1536
Washington, D. C. 20515
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 resolution in its entirety
on the following roll call vote:
AYES: Councilmen Brown, Jennings, Mitchell, Pipitone and Mayor
Donohoo
NOES: None
ABSENT: None
ADOPTED: February 23, 1976
-4w
FRED R. DONOHOO, Mayor
ATTEST:
M. ii. WAKODIE—N, City Clerk
0
0
RESOLUTION NO. 12-76
RESOLUTION REQUESTING INSTALLATION OF TRAFFIC
SIGNAL AT THE INTERSECTION OF STATE HIGHWAY #1
AND SAN JACINTO STREET
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 repeatedly requested that
the State Division of Highways construct a stop signal at the
intersection of State Highway #1 and San Jacinto Street; and
WHEREAS, the health and safety of the citizens of the City of
Morro Bay has been endangered by the lack of adequate traffic
control devices at this intersection; and
WHEREAS, it is the City's understanding that the CALTRANS
office in San Luis Obispo has identified this intersection as a
candidate for signalization in priority order.
NOW, THEREFORE, BE IT RESOLVED that the City of Morro Bay
hereby requests that the signalization of the intersection of State
Highway #1 and San Jacinto Street be installed as soon as possible;
and
BE IT FURTHER RESOLVED that the City Council of the City of
Morro Bay hereby finds and determines that signalization of this
intersection is of the highest priority; and
BE IT FURTHER RESOLVED that the City Clerk be authorized and
directed to mail a copy of the foregoing resolution to the following:
The Honorable Edmund G
Governor
State of California
State Capitol
Sacramento, California
The Honorable Robert P.
State Assemblyman
State Capitol
Sacramento, California
Brown,.Jr. Heinz Heckeroth
Assistant Director, Highways
Department of Transportation
1120 N Street
95814 Sacramento, California 94814
Nimmo M. W. Becksted
Deputy District Director
Transportation Planning
95814 District 5, CALTRANS
P. 0. Box L
San Luis Obispo, California 93401
On motion by Councilman Jennings and seconded by Councilman
Mitchell , 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: February 23, 1976
FRED R. DONOHOO, Mayor
ATTEST:
Z� �/ e -
K. L. WARDEN, City Clerk
RESOLUTION NO. 11-76
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 0 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 Jennings and seconded by
Councilman Pipitone , 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 Brown,
NOES: Mayor Donohoo
None
ABSENT: None
ADOPTED: February 23, 1976
Jennings, Mitchell, Pipitone and
FRED R. DONOHOO, Mayor
ATTEST:
Y L WARDEN, City Clerk
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USE PERMIT AGREEMENT NO. 112
The City of Morro Bay, a municipal corporation of the State of
California (hereinafter called CITY) hereby grants to the Kiwanis
Club of Morro Bay - Estero (hereinafter called PERMITTEE) the right
and privilege to use 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 in Exhibit "A" attached
.hereto (hereinafter called SAID PROPERTY), on the terms and
conditions hereinafter set forth.
1. The right and privilege granted to PERMITTEE pursuant to
this Use Permit Agreement shall become effective at the hour of
4:00�p.rn. on Saturday, April 17, 1976 — , and shall expire when the
purpose hereinafter specified has ceased, but in no event later than
the hour of 4:00 P-m-on Sunday, April 18, 1976
2. PERMITTEE shall use SAID PROPERTY for the purpose of:
conducting the annual Easter Sunrise Services
sponsored by PERMITTEE and for no other purpose.
3. PERMITTEE shall at all times during assembly, services,
disbanding adequately supervise the participants in order to protect
the lives and property of motorists, pedestrians, spectators, and
participants in the area of the services -and those area designated f
parking. PERMITTEE shall cooperate at all times with CITY officers
and employees in the installation, erection, dismantling, or removal
of signs, barricades, or other appropriate warning devices which are
necessary, in the opinion of CITY, to protect the lives and property
of motorists, pedestrians, spectators, and participants. PERMITTEE
shall, at all times, promptly comply with all regulations, rules,
and orders of duly constituted CITY officials with respect to any
part or phase of the services including by way of illustration and n
limitation restrictions on location of temporary structures, locati.-
of spectators, and traffic.
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4.a This Use Permit Agreement is granted to PERMITTEE upon
the express conditions 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 arising in any manner
out of the issuance Of this Use Permit Agreement or the use of
SAID PROPERTY dur ing 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 indemni
against the claim of one (1) person, $300,000 against the claim of
two (2) or more persons, and $10,000 for property damage. 'Said
policies shall insure the liability of PERMITTEt and the liabilitv,
contingent or otherwise, of CITY and such other -persons, firms, or
corporations as may be designated by CITY. If PERIMITTEE does not
keep such insurance in full force and effect, this Use Permit Agree-
ment may be immediately terminated. PERMITTEE shall provide CITY
with copies or 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
Dolicy 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
or about SAID PROPERTY shall provide that the insurer shall not
acquire by subrogation any right of recovery which PERMITTEE has
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expressly waived in writing prior to the occurrence of the ioss.
PERMITTEE hereby waives any right of recovery a.gainst CITY for any
such claim, expense, or liability.
CITY OF MORRO BAY
Mayor
ATTEST:
City Clerk
.PERMITTEE
Ti tle: 6A, Z-7d- t— - P�P V1 C
Date: 441 d vc A -7 6
ATTEST:
//7 —secretary
I
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It
. I
RESOLUTION NO. 10-76
RESOLUTION OF NECESSITY FOR QUIET TITLE ACTION
CITY OF MORRO BAY, SAN LUIS OBISPO COUNTY, CALIFORNIA
T H E C I T Y C 0 U N C I L
City of Morro Bay, California
The City Council of the City of Morro Bay, San Luis Obispo
County, California, RESOLVES THAT:
It finds and determines and hereby declares that the public
interest and necessity require the initiation of proceedings to
quiet title to those tidelands held in trust by the City of Morro
Bay, California, in the area south of South Street; to establish
the location of the landward boundaries of such tidelands; and
to preserve public access to and use and enjoyment of such tidelands.
Michael T. LeSage, City Attorney for the City of Morro Bay, is
hereby authorized and empowered to prepare and prosecute in the
City's name such proceedings in the proper court as are necessary,
and to request that the State of California join with the City as
a party plaintiff in such proceedings.
A portion of the property is more particularly described in
the attached Exhibit "A".
On motion by Councilman Jennings and seconded by Councilman
Brown I 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, Ripitone and Mayor
Donohoo
NOES: None
ABSENT: None
ADOPTED: February 9, 1976
FRED R. DONOHOO, Mayor
ATTEST:
r: WARDEN, Cfty Clerk
That property lying west of the easterly line of the Grant to the
County of San Luis Obispo, State of California, according to the
Map thereof filed September 12, 1958, in Book 1 at: Page 2 of Miscel-
laneous Maps, in the office of the County Recorder of said County,
said Map being entitled "Map of the Grant to the County of San Luis
Obispo, Chapter 1076 Statutes of 1947 (Amended - Chapter 1874 Statutes
of 1957) Vicinity of Morro Bay", more particularly described as follows:
PARCEL 1: Commencing at Station 38 according to said Map;
thence, along the said Grant Line North 52* 13' 98" West to
the point of intersection of the southerly line of Lot 7,
Block 1, of Morro Bay Park according to the map filed on
March 24, 1924 in Book 3 of Maps, at page 36, in the office
of the County Recorder of said County, said point of inter-
section being the True Point of Beginning;
thence, continuing along said Grant Line, North 52* 13' 28"
West to Station 39 as shown on the first said map;
thence, along said Grant Line, North 290 49' 44" West to the
point of intersection of the north line of Lot 5, Block 1 of
said Morro Bay Park;
thence, westerly along the westerly prolongation of the north
line of said Lot 5 a distance of 500 feet;
thence, South 29* 49' 44" East to a point on the westerly pro-
longation of the south line of said Lot 7:
thence, easterly along said westerly prolongation of Lot 7 to
the True Point of Beginning.
PARCEL 2:
I PARCEL 3
Commencing at Station 39 according to said map;
thence along the said Grant Line, North 290 49' 44" West
to intersection with the south line of Lot 2, Block 1, of
Morro Rock Park, as the same is shown on tho map thereof,
filed on March 4, 1924, in Book 3 of Maps, at page 36,
in the office of the County Recorder of said County, being
the True Point of Beginning;
thence, continuing along said Grant Line, North 290 49' 44"
West to the intersection with the north line of Lot 1,
Block 1 of said Morro Rock Park;
thence, Westerly along the westerly proloniation of the
north line of said Lot 1 a distance o� 500 f,.et;
thence, South 290 49' 44" East to a point n the westerly
prolongation of the south line of said Lot 2
thence, along the last said westerly prolongition, Easterly
to the True Point of Beginning.
Commencing at Station 39 according to saic! map;
thence along the said Grant Line, North 290 49' 44" West
to the intersection of the south line of. !ot 4, Block .1,
of Morro Rock Park, as the same is shown on the map thereof
filed on March 4, 1924 in Book 3 of Maps at page 36, in the
County Recorder's Office of said County; being the True
Point of Beginning;
thence, continuing along said Grant Line, North 290 49' 44"
West to the intersection of the north line of said Lot 4;
thence Westerly along the westerly prolongation of the
north line of said Lot 4, a distance of 500 feet;
thence �outh 290 49' 44" East to a point or. the .,�esterly
prolongation of the south line of said Lot 4;
thence, Easterly along last said westerly prolongation, z.,
the True Point of Beginning.
EXHIBIT "A"
Page 1
PARCEL 4: Commencing at Station 39 according to sairl Map;
thence along said Grant Line, North 290 49' 44" West to
the south line of Lot 3, Block 1 of Morro Rock Park as
the same is shown on the map thereof, filed on March 4,
1924, in Book 3 of Maps at page 36, in the office of
the County Recorder of said County, being the True Point
of Beginning;
thence, continuing along the said Grant Line, North 290
49' 44" West to the intersection of the north line of
said Lot 3 with said Grant Line;
thence Westerly along the westerly prolongation of the
north line of said Lot 3 a distance of 500 feet;
thence, South 290 49' 44" East to a point on the westerly
prolonqation of the south line of said Lot 3;
thence, Easterly along the last said westerly prolongation
to the True Point of Beginning.
(END OF DESCRIPTION)
EXHIBIT "A"
Page 2
RESOLUTION NO. 9-76
RESOLUTION OF INTENTION TO PURCHASE TAX DEEDED
PROPERTY AND AGREEMENT TO PURCHASE
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 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
65-085-07
Code
6-02
Parcel
65-118-03
Code
6-02
Parcel
65-341-08
Code
6-02
Parcel
65-341-13
Code
6-02
Parcel
65-341-14
Code
6-02
Parcel
65-341-15
Code
6-02
Parcel
66-023-11
Code
6-02
Parcel
66-023-14
Code
6-02
Parcel
66-023-15
Code
6-02
Parcel
66-023-18
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 Jenninns 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, Jenninos, Mitchell, PiPitone and
'lavor Donohoo
NOES-, None
ABSENT: None
ADOPTED: February 9, 1976
FRED R. DONOHOO, Mayor
ATTEST:
A -/� -
M. 1;. WARDEN, 'City Clerk
RESOLUTION NO. 8-76
RESOLUTION ADOPTING A BUDGET CALENDAR
1976-77-FISCAL YEAR
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 the Morro Bay City Council will meet in
regular and special sessions to consider the matter of adopting
a budget for the fiscal year 1976-77 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 �.ipitone the Morro Bay City Council hereby
adopts the foregoing proposed resolution in its entirety on the
following roll call vote:
AYES: Councilmen Brown, �'J'ennings, Mitchell, Pi.-piltone anO
!4avor Donahon
NOES: 'None
A13SENT: None
ADOPTED: February 23, 1976
FRED R. DONOHOO, Mayor
ATTEST:
VRRAYL. WARDEN, City Clerk
CITY OF MORRO BAY
BUDGET CALENDAR
1976'-77 FISCAL YEAR
Period
April 26
Submit estimates of revenues for next fiscal
year
April 26
Submit preliminary budget to City Council.
Set dates for budget conferences
May 10-May 31
City Council public budget study conferences
June 7
Pre -adoption public hearing for final budget
June 21
Adopt final budget
June 25
Complete duplication of final budget
July 12-31
Receive certification of assessed valuations
August 9
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.
6 6
RESOLUTION NO. 7-76
RESOLUTION AND ORDER ABANDONING
WILLIAMS BROTHERS ALLEY
T H E C I T Y C 0 U N C I L
City of Morro Bay, California
WHEREAS, the City Council of the City of Morro Bay finds
that the Williams Brothers alley which is more fully described
hereinafter is unnecessary for present or prospective alley -
purposes except for the reservation of certain rights and ease-
ments therein as hereinafter set forth; and
WHEREAS, the City Council of the City of Morro Bay has
determined that notice of public hearing has been published once
each week for two successive weeks in the Sun -Bulletin; and
WHEREAS, the City Council of the City of Morro Bay has
determined that notices of intention to vacate said alley have
been posted along said alley at intervals of 300 feet at least
10 days prior to the hearing.
NOW, THEREFORE, IT IS RESOLVED AND ORDERED that the City of
Morro Bay vacates and abandons its interest in said alley,
provided, however, that there shall be reserved and excepted
unto the City of Morro Bay, its commissions, boards, employees,
agents, contractors, and franchisees, a permanent easement and
right to install, remove, replace, repair, rebuild, expand, operate,
and maintain over, under, upon any portion of said above -described
area, pipes, mains, conduits, cables, wires, poles, and any and
all other means of transmission of water, sewage, gas, petroleum
or petroleum products, electricity, telephone, electrical im-
pulses, radio signals, television signals, and any and all other
utilities, including all appurtenant and convenient structures,
equipment and fixtures for the operation of the aforesaid facilities.
A 32.00 foot wide strip of land along the southwest
side of Lots 2, 3, 4, 5 and 7 designated "Alley" and a
26.70 foot more or less width strip of land along the
northwest side of Lot 2 delineated as an alley, all as
shown on a map of Tract 353, recorded October 14, 1966
in Book 7 of Maps at Page 22, San Luis Obispo County
Records.
BE IT FURTHER RESOLVED AND ORDER that the City Clerk be autho-
rized and directed to record this resolution in the office of the
County Recorder of the County of San Luis Obispo.
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 resolution in its entirety on the following
roll call vote:
AYES: Councilmen Brown, Jennings, Mitchell, Pipitone and Mayor
Donohoo
NOES: None
ABSENT: None
ADOPTED: February 9, 1976 A"o e xe"46_1,
FRED R. DONOHOO, Mayor
ATTF
WARDEN, City Clerk
RESOLUTION NO. 6�76
RESOLUTION CONCERNING ELECTION CANVASS AT A CENTRAL PLACE
T H E C I T Y C 0 U N C I L
City of Morro Bay, California
The following resolution is hereby offered and read:
RESOLVED, that pursuant to Elections Code Section
17050, etc., the City of Morro Bay, using new voting
machines provided by the County of San Luis Obispo, should
count all ballots at a central place for the March 2, 1976,
General Municipal Election.
NOW, THEREFORE, BE IT RESOLVED as follows:
1. That such central ballot counting place for
said March 2, 1976, election shall be in the
San Luis Obispo County data processing center
in the Courthouse, San Luis Obispo, California.
2. The City Clerk shall receive the ballots from
the precincts at the City Hall of the City of
Morro Bay and shall transfer the ballots from
the City Hall to said data processing center.
3. For the purposes of such ballot counting, said
data processing center pursuant to Election
Code Section 17060, shall be and is hereby
designated as a public place.
4. The City Clerk of the City of Morro Bay, in
coordination with the County Clerk, be and is
hereby authorized and directed to make the
necessary arrangements for said central counting
place to be a public place during such vote
counting.
On motion by Councilman Jennings and seconded by Council-
man 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: February 2, 1976
FRED R. DONOHOO, Mayor
ATTEST:
�'M��Y WARDEN, City Cler-k-
RESOLUTION NO. 5-76
RESOLUTION APPROVING AGREEMENT WITH
ROBERT M. ASHURST FOR CITY WELL 10A
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 the agreement by and between the City of
Morro Bay and Robert M. Ashurst for the City's use of
City Well 10A, 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.
On motion by Councilman Jennings and seconded by
Councilman Mitchell I 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: January 26, 1976
FRED R. DONOHOO, Mayor
ATTEST:
M. L-.' WARDEN,,City Clerk
I ;1' 11 0 0
2, 11 AGREEMENT
3 11 ' This agreement made this lst day of January, 1976, by and
4 11 between Robert M. Ashurst (hereinafter called "Owner") and the
5 City of Morro Bay, a municipal corporation of the State of
6 California (hereinafter called "City").
7 11 W I T N E S S E T H
8
WHEREAS, City is in need of
adequate
supplies of water for
9
purposes of fulfilling the needs
of City;
and
10
WHEREAS, Owner has certain
real property
referred to as
11 that certain parcel of land granted to Robert M. Ashurst by deed
12 recorded September 26, 1960 in Volume 1085, Page 447, Official
13 11 Records of the County of San Luis Obispo, State of California,
14 11 upon which is situated a well site with one well constructed
15 11 thereon, described as State Well No. 29S/11E 32K2 and further
16 identified as City Well 1OA; and
17 WHEREAS, parties have mutually agreed that, in return for
18 the consideration hereinafter provided, City shall be granted
19 the right and privilege to operate said well and draw water
20 11 therefrom for the period hereinafter set forth;
21 NOW, THEREFORE, it is mutually agreed by the parties hereto
22 as follows;
23 11 1. Owners shall grant to City the right and privilege to
24
use
and operate
the
said
well,
namely
State Well No.
29S/11E 32K2
25
(City
well 10A),.said
well
being
shown
and designated
on attached
26 map marked Exhibit "A", and to draw such quantities of water
27 therefrom as City may deem necessary for a period of seven years
28 from and after the date hereof, including the right to construct,
29 install, maintain, repair, and operate such pumps, pumphouses,
.30 equipment,and pipelines as may by said City be required for
31 carrying out and enjoying the rights and privileges granted here-
32 under, together with the right of ingress and egress thereto and
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therefrom over, on, throughs under, and across the following
described property:
A strip of land 10 feet in width lying 5 feet
on either side of the following described
center lines:
Parcel No. 1: Beginning at a point Which
lies South 30011 West 843.05 feet from the
Northeast corner of Lot 4 of Manford Brown
Little Ranches, a re -subdivision of Lot 14,
Rancho' San Bernardo, recorded in Map Book
3, Page 90, of the Official Records of the
County of San Luis Obispo, State of California;
Thence North 860591 West, 505.40 feet and
North 700541 West 61.51 feet.
It being also understood that adequate and sufficient space
shall be available for said purpose, including repair and
servicing of said well.
2. All property and equipment, including but not limited
to pumps and pumphouses, brought on said premises and used in
connection with the use and operation of said well shall remain
the property of City; provided that pipeline described as 4" A.C.
pipe and 6" A.C. pipe installed on Owner's property and con-
necting said well with existing City water system shall remain
thereon as property of Owner.
3. During the period of time this agreement remains in
effect, City agrees as follows:
a. To make available from said well for Owner's
use, free of charge, water for domestic use and
minor irrigation water not to exceed fifty (50)
gallons per:minute.
b. To provide metered domestic water from any
City main for a maximum of five houses not on well
site property.
Such agreement shall remain in effect until such time as
it becomes uneconomical, in the opinion of the City, to operate
said well; provided that, in the event City determines that*it
is not 'able to operate said well economically, or if the well
-2-
I becomes contaminated to such a degree that the water is deter-
2 mined to be unfit for human consumption by.the Health Department
3 of the State of California, City may, at its option, elect to
4 drill at a location as may be mutually agreed by the parties
5 hereto and install a second well or cancel this agreement and
6 payments accruing, subsequent to the cancellation of this
7. agreement, from the said well or wells drilled by the City. If
8 the City drills another well, Owner shall grant the right and
9 privilege to City to drill, construct, and install said second
10 well, including such additional rights and privileges with
11 respect thereto as have been granted hereunder with respect to
12 the said existing well, and all the provisions herein contained
13 relating to said existing well shall be applicable to said
14 second well.
15 In the event the city determines to cancel this agreement
16 and payments accruing, subsequent to the cancellation of this
17 agreement, from said well or wells drilled by the City, then the
18 City agrees to return said well to the Owner as provided for in
19 Paragraph 5 of this agreement and remove all City equipment from
20 said well and make no further use of said well until such time
21 as a new agreement is made between City and Owner.
22 4. During the period of time that this agreement is in
23 effect, City agrees to pay to Owner at the rate of Twelve Hundred
24 Dollars ($1200.00) per year for the use of s aid well, payable in
25 monthly installments of One Hundred Do llars ($100.00) to Robert
26 M. Ashurst or his ad ministrators, executors, or assignees.
27 5. City agrees to return said well, at the termination of
28 this agreement, in as good structural condition as it is now,
29 -normal use and damage from causes not arising out of the use
30 thereof by City excepted; provided that City makes no warranty or
31 reoresentation relative to quantity or quality of water.
32 6. City agrees to save harmless Owner from all liability
11 -3-
11-11 , 11 0 0
I and damage resulting from City's use and operation of said well,
2 including any construction, installation, maintenance, and
3 repair authorized to be made hereunder.
4 IN WITNESS WHEREOF, the parties hereto have hereunto set
5 their hands the day and year first above written.
7 CITY OF MORRO BAY
8 Dated 12-
FRED R. DONOHOO, Mayor
9
10 ATTEST:
12
M—I/ WARDEN, City CleFk-
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OWNER
,ROBERT M. ASHURST
9EIC
Revisions
Siprova s
Description By Date
Director of Public Works
Change Name a Add Data
W.T. B.
GjEC 12-3-76
city Engineer j7.
12-3-76
OLD H G H WA Y ONE
6
4
20.
Jr
0
Co
Li,p
0
0
R. M. Ashurst D.R. Ashurst
V Ashufsit
(1085/447 O.R.)A'
Delmar Roy Ashurst
dba
Roandoak of God
(18271146 O.R)
PARCEL 2
PARCEL I I
STATE WELL NO.
29S/1 IE- 32JG---
STATE WELL NO.
29S/IIE-32K2-,A(;,
00 10,
(City Well No. 9A)
0 (D
in 1
(City Well No. IDA)
,4- �66Fhesq III L
11
Z L7
L -4.95'
CITY OF MORRO BAY
Scale:
DEPARTMENT OF PUBLIC WORKS
WATERLINE a WEL L S I T E
100,
Drawing No.
Ashurst)
Exhibit "A"
'EASEMENT
K Va.je,.,
1 11/15/68
0 0
RESOLUTION NO.4-76
RESOLUTION COMMENDING MR. LEE A. BALATTI
T H E C I T Y C 0 U N C I L
City of Morro Bay, California
WHEREAS,,Mr. Lee Balatti has been employed as Manager
of The Pacific Telephone and Telegraph Company in the City
of San Luis Obispo since June, 1930; and
WHEREAS, Mr. Balatti, through his company, has served
the citizens of this community faithfully and well during
the past forty-five years.
HOW, THEREFORE, BE IT RESOLVED that the City Council
of the City of Morro Bay, does hereby commend the work of
Lee A. Balatti as an employee of The Pacific Telephone
and Telegraph Company and congratulates him upon his retire-
ment; and
BE IT FURTHER RESOLVED that a copy of this resolution
be forwarded to The Pacific Telephone and Telegraph Company
in San Luis Obispo.
On motion made by Councilman Jennings and seconded by
Councilman Mitchell , 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, Jenninqs, Mitchell, Pipitone and
Mayor Donohoo
NOES: None
ABSENT: None
ADOPTED: January 26, 1976
FRED R. DONOHOO, Mayor
ATTEST:
M4/L. WARDEN, City Clerk
0
0
RESOLUTION NO. 3-76
RESOLUTION APPROVING GRANT OF USE PERMIT
AGREEMENT TO MORRO BAY ART ASSOCIATION
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
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 Agreement for and on behalf
of the City of Morro Bay.
on motion by Councilman jennings and seconded by
Councilman Mitchell , 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
Mavor Donohoo
NOES: None
ABSENT: None
ADOPTED: January 12, 1976
— -;�e-74y-
FRED R. DONOHOO, Mayor
ATTEST:
MTdRRAY ly. WARDEN, City Clerk
0 0
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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 Art Association (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 that portion of Block 1, Town of
Morro, known as Morro Bay City Park, lying between Morro Bay
Boulevard and Harbor Street in'the City of Morro Bay (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 12:01 a.m. on Saturday, May 29, 1976, and 11:59 p.m. on
Monday, May 31, 1976; and between the hours of 12:01 a.m. on
Saturday, July 3, 1976 and 11:59 p.m. on Monday, July 5, 1976; and
between the hours of 12:01 a.m. on Saturday, September 4, 1976 and
11:59 p.m. on Monday, September 6, 1976.
2. PERMITTEE shall use SAID PROPERTY for the purpose of
conducting an outdoor arts and crafts show, 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 o
Morro Bay or any department thereof, including by way of illustra
tion but not limitation, fire and safety orders, rules, regulatic
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 condi-
I tion as when it was originally received by PERMITTEE, reasonable
2 wear excepted.
3 4.a This Use Permit Agreement is granted to PEP14ITTEE upon
4 Ithe express condition that PEP14ITTEE shall keep and hold the CITY
5 11free from all liability, expense, and claim for damages by reason
6 11of any injury or death to any person or persons, including
7 11PERMITTEE, or property of any kind whatsoever and to whomsoever
8 11belonging, including PEMMITTEE, from any cause or causes whatso-
9 11ever during the term of.this Use Permit Agreement or any extension
10 11thereof or any occupancy or use hereunder; PEP141TTEE hereby coven-
11 anting and agreeing to indemnify and save CITY harmless from all
12 liability, loss, cost, and obligations on account of or arising
13 out of any such injuries or losses howsoever occurring.
14 4.b PERMITTEE agrees to take out and keep in force during
15 * Ithe life hereof, at PER14ITTEE'S expense, liability Insurance to
16
protect against any
liability to any person or persons, includincr
17
PERMITTEE, resulting
from any occurrence
in or about or incident
18
to SAID PROPERTY and
appurtenant areas
in the amount of $100,000
19
to indemnify against
the claim of one
(1) person; $300,000 for
20
1property damage. Said
policies shall
insure the liability of
21 11PERMITTEE and the liability, contingent or otherwise, of CITY and
22 such other persons, firms or corporations as may be designated
23 by CITY. If PEW4ITTEE.does not keen such insurance in full force
24 and effect, this Use Permit Agre ement may be immediately termina-
25 ted. PERMITTEE shall provide CITY with copies and certificates
26 f all of said policies including endorsements which state that
27 such insurance shall not be cancelled except after ten (10) days
^S prior written notice to CITY. Each such policy shall be approved
29 as to form and insurance company by CITY.
30 4.c Any insurance policy insuring PERMITTEE against claims,
31
xpense,
or liability
for injury or
death
to person or
property in
32
r about
SAID PROPERTY
shall provide
that
the insurer
shal 1 not
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acquire by subrogation any right of recovery which PERMITTEE has
expressly waived in writing prior to the occurrence of the 1(
PERZMITTEE hereby waives any right of recovery against CITY for an . y
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.
6a. PEP14ITTEE shall limit the total number of exhibitors to
eighty-five (85) and agrees.to collect such individual exhibitor's
business license fees as established by City and to deliver said
fees to the City during the first working day following the last
day of the exhibition.
b. PERMITTEE agrees to encourage participation by artists
who.are residents of the City of Morro Bay and to permit said
artists to exhibit their own arts and.crafts at Art Association
sponsored shows.
C. PERMITTEE further agrees to screen all applicants in
order to assure the highest quality of works exhibited.
d. PERMITTEE also agrees to accept and display professional
signs as may be desired by local art galleries and craft shops.
Said signs shall be no larger than two feet by two feet '(2' x V)
and will not be placed on any permanent structure within the park
and will not be posted until the first day of the exhibit and
shall be removed immediately upon completion of the exhibit.
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.
30 -------
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CITY OF MORRO BAY
Dated:
FRED R. DONOHOO, Mayor
ATTEST:
M. L.,WARDEN, City Clerk
0 9
RESOLUTION NO. 2-76
RESOLUTION OF INTENTION TO VACATE
WILLIAMS BROTHERS ALLEY AND SETTING DATE FOR HEARING
T H E C I T Y C 0 U N C I L
City of Morro Bay, California
RESOLVED, that the City Council of the City of Morro Bay
intends to vacate the Williams Brothers alley reserving an
easement for utilities pursuant to Government Code @50430 -
vacation of easement - et seq. Said area and said utility
easement are described on Exhibit "A" attached hereto and by
this reference made a part hereof. For further particulars
as to the proposed vacation of alleyreference is made to a
map on file in the office of the City Clerk of the City of
Morro Bay.
BE IT FURTHER RESOLVED that the Morro Bay City Council
will hold a public hearing on Monday, January 26, 1976, at
7:30 p.m. in the Morro Bay Recreation Hall, Morro Bay,
California, to consider the matter of vacation of such easement
and reserving a utility easement, 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 alley abandonment; and
BE IT FURTHER RESOLVED that the City Clerk be directed
to cause a notice of public hearing to be published once each
week in the Sun -Bulletin, a newspaper of general circulation,
for two successive weeks prior to hearing and to post notice
of intention to vacate said alley along said alley at intervals
of 300 feet or less, at least ten days before the date set for
said hearing.
on motion made by Councilman Jennings and seconded by
Councilman Mitchell , 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: January 12, 1976
FRED R. DONOHOO, Mayor
ATTEST:
MURXAY L I / WARDEN, City -Clerk
0
RESOLUTION NO. 1-76
RESOLUTION APPROVING AMENDMENT TO LEASE WITH
MARY C. BATTEIGER FOR LEASE SITES NO. 51 AND 51W
T H E C I T Y C 0 U N C I L
City of Morro Bay, California
WHEREAS, a request has been made by Mary C. Batteiger to
extend the lease on Lease Sites No. 51 and 51W for a ten year
period commencing February 1, 1976; and
WHEREAS, the terms of the basic lease grant to the Lessee
the option to extend the period of the original lease by an
additional ten years under the same conditions as existing in
the original lease; and
WHEREAS, it is in the public interest that the approval of
an amendment to the basic lease between Robert R. Batteiger and
Mary C. Batteiger and the City of Morro Bay, as successor to
the County of San Luis Obispo, granting this extension be
approved:
NOW, THEREFORE, BE IT RESOLVED that consent is hereby given
by the City Council of the City of Morro Bay to the Amendment to
Lease for Lease Sites No. 51 and 51W extending this lease for
an additional ten year period commencing on February 1, 1976; and
BE IT FURTHER RESOLVED that the Mayor and City Clerk be and
are hereby directed to sign said Amendment to Lease on behalf
of the City of Morro Bay.
On motion by Councilman Jennings and seconded by Councilman
Mitchell, 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: January 12, 1976
ATTEST:
7.
M. L' WARDEN, City Clerk
. Ar--'t-A� xo���
FRED R. DONOHOO, Mayor
AMENDMENT TO LEASE
it is hereby agreed by and between'the City of Morro Bay, 4
municipal corporation, as successor to the County of $an Luis
Obispo, LESSOR, and Mary C. Batteiger, LESSEE, that that certain
lease entered into on the 23rd day of Januaryf 1961, between said
County as LESSOR and Robert R. Batteiger and Diary C. Batteiger
as LESSEES, concerning Lease Sites No. 51 and 51W, more particul-
arly described in said lease, is hereby amended in the following
particulars only:
(1) City of Morro Bay, a municipal.corporation, is hereby
substituted in the place and stead of County of San
Luis Obispo, a political subdivision, as LESSOR; and
whereever the term "County" appears in said lease,
the word "City" is substituted therefor.
(2) Mary C. Batteiger is hereby substituted in the place
and stead of Robert R. and Mary C. Batteiger as
LESSEE and wherever the term LESSEE appears in said
lease, it is intended to mean Mary C. Batteiger.
(3) The term of this lease is extended for a ten (10) year
period, commencing February 1, 1976 and expiring
without notice at the close of business on January
31, 1986.
(4) It is mutually agreed by and between City and LESSEE
that the appraised value of said leasehold improve-
ments, as determined in compliance with the terms of
the basic lease, is $10,600 for the five year period
beginning February 1, 1976.
(5) Each and all of the other termsi provisions, and
conditions of said lease, except as expressly modified
above, remain in full force and effect.
Amendment to Lease
Page TWo
This amendment to lease of real property is
authorized by Resolution No. /-7(,, of the Morro Bay City Council
dated -JR/UL)t9P-k/ /�21 /97(�-
DATED C ITY OF MORRO BAY
ATTEST:
MU�RAY/L. WARDEN, City Clerk
FRED R. DONOHOO, Mayor.
LESSEE
MARY C/BATTEIGER 61