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Resoultion 01-77 to 105-77
1977"- RESOLUTIONS"_ INDEX RES. NO. TITLE DATE ADOPTED 102-77 RESOLUTION CALLING AND GIVING NOTICE OF THE HOLDING OF A GENERAL MUNICIPAL ELECTION TO BE HELD IN THE CITY OF MORRO BAY ON TUESDAY, THE 7TH DAY OF MARCH, 1978, FOR THE ELECTION OF THREE MEMBERS OF THE CITY COUNCIL AND THE ELECTION OF THE MAYOR 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 SPECIAL COUNTY ELECTION TO BE HELD ON SAID DATE 11-28-77 103-77 RESOLUTION ADOPTING REGULATIONS FOR CANDIDATES FOR ELECTIVE OFFICE, PERTAINING TO MATERIALS SUBMITTED TO THE ELECTORATE AND THE COSTS THEREOF FOR THE GENERAL MUNICIPAL ELECTION TO BE HELD IN SAID CITY ON TUESDAY, THE 7TH DAY OF MARCH, 1978 11-28-77 104-77 RESOLUTION APPROVING CONTRACT BETWEEN THE COUNTY OF SAN LUIS OBISPO AND BAY AMBULANCE AND THE CITY OF MORRO BAY FOR AMBULANCE SERVICES 12-12-77 105-77 RESOLUTION ACCEPTING DEED FROM CHEVRON U.S.A., INC. 12-12-77 1977"= RESOLUTIONS - INDEX RES. NO. TITLE DATE ADOPTED 85-78 RESOLUTION ACCEPTING DEED FROM THE COUNTY OF SAN LUIS OBISPO 9-12-77 86-77 RESOLUTION ACCEPTING WORK AND GIVING NOTICE OF COMPLE- TION FOR CONSTRUCTION AND INSTALLATION OF BEACH STREET FLOATING BOAT DOCKS - JOB NO. PW76-024-37RS 9-12-77 87-77 RESOLUTION AMENDING CITY COUNCIL AGENDA FORMAT 9-12-77 88-77 RESOLUTION APPROVING AMENDMENT TO LEASE WITH YVETTE PIERCE FOR LEASE SITES NO. 67 AND 67W 10-10-77 89-77 RESOLUTION APPROVING SUPPLEMENT NO. 1 TO LOCAL AGENCY - STATE AGREEMENT NO. 4 FOR FEDERAL -AID IMPROVEMENT PROJECT M-Y370(1) 10-10-77 90-77 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY REQUESTING THE STATE DEPARTMENT OF TRANSPORTATION OR FEDERAL HIGHWAY ADMINISTRATION TO APPROVE FEDERAL AID URBAN PROJECT FOR THE CITY OF MORRO BAY URBAN AREA 10-24-77 91-77 RESOLUTION ACCEPTING EASEMENT AND DIRECTING RECORDA- TION, POWELL 10-24-77 92-77 RESOLUTION ACCEPTING EASEMENT AND DIRECTING RECORDA- TION, TITLE INSURANCE AND TRUST COMPANY 10-24-77 93-77 RESOLUTION ADOPTING THE LAND USE ELEMENT OF THE CITY GENERAL PLAN 10-24-77 94-77 RESOLUTION ACCEPTING A PIPE LINE CONVEYANCE 10-24-77 95-77 RESOLUTION DESIGNATING DEPARTMENTS REQUIRED TO SUBMIT CONFLICT OF INTEREST CODES AND ESTABLISHING DEADLINE FOR SUBMISSION OF SAID CODES 10-24-77 96-77 RESOLUTION ACCEPTING DEED FROM LENNIS E. DAVIS AND AUTHORIZING RECORDATION (SUNSET HILLTOP PROPERTY) 11-14-77 97-77 RESOLUTION ACCEPTING DEED FROM MILTON C. ROHRBERG AND AILEEN E. ROHRBERG AND AUTHORIZING RECORDATION (SUNSET HILLTOP PROPERTY) 11-14-77 98-77 Resolution aupporting sanctuary committee's efforts to ban hunting in the bay - tabled 11-14-77 99-77 RESOLUTION REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF SAN LUIS OBISPO TO CONSOLIDATE A GENERAL MUNICIPAL ELECTION OF THE CITY OF MORRO BAY TO BE HELD ON MARCH 7, 1978, WITH THE SPECIAL COUNTY ELECTION TO BE HELD ON MARCH 7, 1978, PURSUANT TO SECTION 23302 OF THE ELECTIONS CODE 11-14-77 100-77 RESOLUTION APPROVING ASSIGNMENT OF LEASE SITE NO. 150 FROM WAYNE E. BICKFORD AND NORMA BICKFORD TO KING CITY TRANSIT MIX, INC. 11-28-77 101-77 RESOLUTION APPROVING SUBMISSION OF CITY OF MORRO BAY SUPPLEMENTAL CLAIM TO FISCAL YEAR 1977-18 ANNUAL TRANS- PORTATION CLAIM PURSUANT TO THE STATE OF CALIFORNIA TRANSPORTATION DEVELOPMENT ACT OF 1971 AS AMENDED TO JANUARY 1, 1976 11-28-77 6 0 1977 - RESOLUTIONS - INDEX RES. NO. TITLE DATE ADOPTED 66-77 RESOLUTION APPROVING AND ADOPTING AN INTERIM BUDGET FOR THE FISCAL YEAR 1977-78 7-11-77 67-77 RESOLUTION SETTING PERMIT FEES FOR CHAPTER 14.16 OF THE MORRO BAY MUNICIPAL CODE 7-11-77 68-77 RESOLUTION APPROVING APPLICATION FOR PERMIT TO OPERATE WATER WELL #16 7-25-77 69-77 RESOLUTION APPROVING GRANT OF USE PERMIT TO MORRO BAY FIRE FIGHTERS MUSTER COMMITTEE 8-8-77 70-77 RESOLUTION DIRECTING THAT THE UNPAID CHARGES FOR WEED ABATEMENT BE FORWARDED TO THE COUNTY AUDITOR FOR INCLUSION ON THE 1978-79 TAX ROLLS 8-8-77 71-77 RESOLUTION APPROVING GRANT OF USE PERMIT TO BAHA'I GROUP OF MORRO BAY 8-8-77 72-77 RESOLUTION APPROVING AND ADOPTING A BUDGET FOR THE FISCAL YEAR 1977-78 8-8-77 73-77 RESOLUTION AUTHORIZING GRANTING OF LEASE AND ADDENDUM TO GLADYS WALTON HERBEL FOR LEASE SITE NO. 34W 8-8-77 74-77 RESOLUTION ESTABLISHING WATER AND SEWER AVAILABILITY CHARGES 8-8-77 75-77 A RESOLUTION ESTABLISHING A SEWER USE CHARGE 8-8-77 76-77 RESOLUTION AUTHORIZING CHANGE IN WATER SERVICE CONNECTION CHARGES 8-8-77 77-77 RESOLUTION RESCINDING RESOLUTION NO. 82-72 WHICH ESTABLISHED WATER RATES AND A DEPOSIT CHARGE AND ESTABLISHING NEW MINIMUM WATER RATES 8-8-77 78-77 RESOLUTION APPROVING THE NEED BASIS GRANT APPLICATION FOR GRANT FUNDS UNDER THE URBAN OPEN SPACE AND RECREATION PROGRAM 8-8-77 79-77 RESOLUTION APPROVING RENEWAL OF UNITED STATES COAST GUARD LEASE #DOT-CG12-4532 FOR THE PERIOD OCTOBER 1, 1977 THROUGH SEPTEMBER 30, 1978 8-22-77 80-77 RESOLUTION APPROVING AMENDMENT TO LEASE WITH FRANK CASAS AND TOM CASAS FOR LEASE SITE NO. 8 8-22-77 81-77 RESOLUTION APPROVING AGREEMENT WITH MORRO BAY CHAMBER OF COMMERCE FISCAL YEAR 1977-78 8-22-77 82-77 RESOLUTION SETTING THE TAX RATES AND APPORTIONMENTS FOR THE FISCAL YEAR 1977-78 8-22-77 83-77 RESOLUTION APPROVING THE APPLICATION FOR 1976 STATE GRANT MONEYS FOR THE DEVELOPMENT OF DEL MAR PARK 8-22-77 84-77 RESOLUTION APPROVING GRANT OF USE PERMIT AGREEMENT TO MORRO BAY CHAMBER OF COMMERCE FOR ROCK-A-RAMA 9-12-77 6 1977 - RESOLUTIONS - INDEX RES. NO. TITLE DATE ADOPTED 48-77 RESOLUTION APPROVING GRANT OF USE PERMIT AGREEMENT TO MORRO BAY CHAMBER OF COMMERCE 6-13-77 49-77 RESOLUTION ACCEPTING WORK AND GIVING NOTICE OF COMPLE- TION FOR ANNUAL STREET RESURFACING PROJECT - JOB NO. PW76-003-33 6-13-77 50-77 RESOLUTION ACCEPTING WORK AND GIVING NOTICE OF COMPLE- TION FOR REPAINTING THE EXTERIORS OF TWO (2) STEEL WATER STORAGE TANKS ON BLANCA STREET AND ONE (1) STIFFENER RING ON A KINGS AVENUE WATER STORAGE TANK - JOB NO. PW 76-012-36 6-13-77 51-77 RESOLUTION ACCEPTING DEED FROM THE COUNTY OF SAN LUIS OBISPO - "SPEEDWAY" PROPERTY 6-13-77 52-77 RESOLUTION ACCEPTING EASEMENTS AND DIRECTING RECORDA- TION PONDEROSA STREET RIGHT OF WAY 6-13-77 53-77 RESOLUTION CONCURRING IN THE COUNTY SOLID WASTE MANAGEMENT PLAN 6-13-77 54-77 RESOLUTION DESIGNATING THE COUNTY DIVISION OF ENVIRON- MENTAL HEALTH AS THE ENFORCEMENT AGENCY FOR THE SOLID WASTE MANAGEMENT PLAN 6-13-77 55-77 RESOLUTION OF NECESSITY FOR QUIET TITEL ACTION, CITY OF MORRO BAY, SAN LUIS OBISPO COUNTY, CALIFORNIA 6-13-77 56-77 RESOLUTION APPROVING JOINT POWERS AGREEMENT ESTABLISHING THE CENTRAL COAST SELF INSURANCE FUND 6-13-77 57-77 RESOLUTION WITHDRAWING THE APPLICATION FOR 1976 STATE PARK BOND FUNDS FOR THE DEVELOPMENT OF NIGHT LIGHTING AND PARKING LOT AT LILA KEISER PARK 6-27-77 58-77 RESOLUTION APPROVING GRANT OF USE PERMIT AGREEMENT TO DEPARTMENT OF THE AIR FORCE, CAMBRIA 6-27-77 59-77 RESOLUTION APPROVING GRANT OF USE PERMIT AGREEMENT 115 TO MORRO DUNES TRAILER PARK AND CAMPGROUND, INC. 6-27-77 60-77 RESOLUTION APPROVING GRANT OF USE PERMIT AGREEMENT 120 TO MORRO DUNES TRAILER PARK AND CAMPGROUND, INC. 6-27-77 61-77 RESOLUTION APPROVING GRANT OF USE PERMIT AGREEMENT TO FRIENDS OF ROANDOAK 6-27-77 62-77 RESOLUTION ACCEPTING WORK AND GIVING NOTICE OF COMPLE- TION FOR CONSTRUCTION OF BOONE SITE WELL NO. 16 - JOB NO. PW76-014-36 6-27-77 63-77 RESOLUTION AMENDING PROCEDURES AND GUIDELINES GOVERNING THE ENVIRONMENTAL IMPACT REPORTS 6-27-77 64-77 RESOLUTION APPROVING AGREEMENT WITH SAN LUIS OBISPO COUNTY HOTLINE, INC. 6-27-77 65-77 RESOLUTION ESTABLISHING SALARY RANGES AND STEPS FOR EMPLOYEE CLASSIFICATIONS, DESCRIBING METHODS OF ADVANCE- MENT AND SUPERSEDING PREVIOUS SALARY RESOLUTIONS IN CONFLICT 7-11-77 0 1977 - RESOLUTIONS - INDEX RES. NO. TITLE DATE ADOPTED 31-77 RESOLUTION AUTHORIZING CHANGES IN PERMITTED USES AND RENTAL SCHEDULE ON LEASE SITES NO. 52 AND 52W - WHIBLEY 4-25-77 32-77 RESOLUTION OF INTENTION TO PURCHASE TAX DEEDED PROPERTY AND AGREEMENT TO PURCHASE 4-25-77 33-77 RESOLUTION ACCEPTING DEED FROM SOUTHERN CALIFORNIA GAS COMPANY AND AUTHORIZING RECORDATION 4-25-77 34-77 RESOLUTION APPROVING THE APPLICATION FOR 1976 STATE GRANT MONEYS FOR THE DEVELOPMENT OF NIGHT LIGHTING AND PARKING LOT AT LILA KEISER PARK_ 4-25-77 35-77 RESOLUTION'OF`THE LEAGUE OF CALIFORNIA CITIES URGING THE ADOPTION OF THE APPROPRIATE MEASURES TO ENSURE THAT ALL POLITICAL CANDIDATES ARE AFFORDED EQUAL TREAT- MENT UNDER THE FAIR POLITICAL PRACTICES COMMISSION 4-25-77 36-77 RESOLUTION APPROVING SUBLEASE ON PORTION OF LEASE SITE NO. 18 (MYERS) 5-9-77 37-77 RESOLUTION APPROVING AMENDMENT TO LEASE WITH BREBES MORRO BAY FISHERIES, INC. FOR LEASE SITES NO. 110W, 111W, AND 112W 5-9-77 38-77 RESOLUTION AUTHORIZING AN APPLICATION FOR COASTAL ZONE MANAGEMENT PLANNING ASSISTANCE 5-9-77 39-77 RESOLUTION ESTABLISHING THE BUILDING PERMIT SYSTEM WITH REGARD TO FLOOD HAZARD AREAS 5-9-77 40-77 RESOLUTION CALLING FOR A CONTRACT WITH THE CALIFORNIA HIGHWAY PATROL FOR ABANDONED VEHICLE ABATEMENT PARTICIPATION 5-23-77 41-77 RESOLUTION APPROVING COMPREHENSIVE EMPLOYMENT AND TRAINING ACT OF 1973 WORK SITE AGREEMENT WITH THE COUNTY OF SAN LUIS OBISPO 5-23-77 42-77 RESOLUTION APPROVING AGREEMENT FOR ANNUAL AUDIT FOR THE FISCAL YEAR ENDING JUNE 30, 1977 5-23-77 43-77 RESOLUTION APPROVING SUBLEASE ON PORTION OF LEASE SITE NO. 18 (MYERS) 5-23-77 44-77 RESOLUTION ACCEPTING WORK AND GIVING NOTICE OF COMPLE- TION FOR CONSTRUCTION OF DUNES STREET LANDSCAPING PROJECT - PHASE I (JOB NO. PW74-014-37RS) 5-23-77 45-77 RESOLUTION APPROVING AGREEMENT WITH THE SAN LUIS OBISPO COASTAL UNIFIED SCHOOL DISTRICT FOR USE OF POLICE OFFICERS AT SCHOOL FUNCTIONS 6-13-77 46-77 RESOLUTION APPROVING SUBMISSION OF CITY OF MORRO BAY ANNUAL TRANSPORTATION CLAIM PURSUANT TO THE STATE OF CALIFORNIA TRANSPORTATION DEVELOPMENT ACT OF 1971 AS AMENDED TO JANUARY 1, 1976 6-13-77 47-77 RESOLUTION APPROVING RENEWAL OF UNITED STATES COAST GUARD LEASE #DOT-CG12-4020 FOR THE PERIOD OCTOBER 1, 1977 THROUGH SEPTEMBER 30, 1978 6-13-77 1977 - RESOLUTIONS - INDEX RES. NO. TITLE DATE ADOPTED 17-77 RESOLUTION ALLOCATING USE OF TRANSPORTATION DEVELOPMENT ACT FUNDS TO SUPPORT A PUBLIC TRANSIT BUS ROUTE BETWEEN THE CITY OF MORRO BAY AND CUESTA COLLEGE WITH A TRANSFER CONNECTION TO SAN LUIS OBISPO 3=14-77 18-77 RESOLUTION AUTHORIZING THE FILING OF AN APPLICATION WITH THE DEPARTMENT OF TRANSPORTATION, UNITED STATES OF AMERICA, FOR A GRANT UNDER THE URBAN MASS TRANS- PORTATION ACT OF 1964, AS AMENDED 3-14-77 19-77 RESOLUTION APPROVING LOCAL AGENCY -STATE AGREEMENT FOR FEDERAL -AID IMPROVEMENT PROJECTS 3-14-77 20-77 RESOLUTION REQUESTING THAT THE QUESTION OF IMPLE- MENTING THE NACIMIENTO WATER PROJECT BE PLACED BEFORE THE PUBLIC AT AN ELECTION TO BE HELD IN NOVEMBER, 1977 3-14-77 21-77 RESOLUTION APPROVING THE NEED BASIS GRANT APPLI- CATION FOR GRANT FUNDS UNDER THE URBAN OPEN SPACE AND RECREATION PROGRAM 3-14-77 22-77 RESOLUTION APPROVING THE NEED BASIS GRANT APPLICA- TION FOR GRANT FUNDS UNDER THE URBAN OPEN SPACE AND RECREATION PROGRAM 3-14-77 23-77 RESOLUTION OF NECESSITY FOR DECLARATORY RELIEF ACTION CITY OF MORRO BAY, SAN LUIS OBISPO COUNTY, CALIFORNIA 3-14-77 24-77 RESOLUTION APPROVING CONTRACT BETWEEN THE COUNTY OF SAN LUIS OBISPO AND THE CITY OF MORRO BAY FOR AMBULANCE SERVICES 3-28-77 25-77 RESOLUTION APPROVING GRANT OF USE PERMIT TO MORRO BAY FIREFIGHTERS I.A.F.F. LOCAL 1855 3-28-77 26-77 RESOLUTION APPROVING SUBLEASE ON LEASE SITES NO. 96 & 96W 3-28-77 27-77 RESOLUTION AMENDING RESOLUTION NO. 21-77 WHICH APPROVED THE NEED BASIS GRANT APPLICATION FOR GRANT FUNDS UNDER THE URBAN OPEN SPACE AND RECREATION PROGRAM 4-11-77 28-77 RESOLUTION AMENDING RESOLUTION.:NO. 22-77 WHICH APPROVED THE NEED BASIS GRANT APPLICATION FOR GRANT FUNDS UNDER THE URBAN OPEN SPACE AND RECREATION PROGRAM 4-11-77 29-77 RESOLUTION APPROVING RENEWAL OF UNITED STATES COAST GUARD LEASE #DOT-CG12-4020 FOR THE PERIOD JULY 1, 1977 THROUGH SEPTEMBER 30, 1977 4-11-77 30-77 RESOLUTION AMENDING RESOLUTION -NO. 11-77 WHICH DECLARED A WATER SHORTAGE EMERGENCY CONDITION FOR THE CITY OF MORRO BAY AND DECLARED THE NECESSITY FOR MANDATORY WATER RATIONING 4-11-77 lil 1977 RESOLUTIONS - INDEX RES. NO. TITLE DATE ADOPTED 1-77 RESOLUTION AND ORDER ABANDONING A PORTION OF EASEMENT NO. 133 ACROSS LOT 1, BLOCK 20, MORRO DEL MAR SUBDIVISION NO. 2 1-10-77 2-77 RESOLUTION ADOPTING THE HOUSING ELEMENT OF THE CITY GENERAL PLAN 1-10-77 3-77 RESOLUTION APPROVING ASSIGNMENT OF LEASE SITES NO. 30W, 31W, 32W, AND 33W FROM UNION OIL COMPANY OF CALIFORNIA TO MORRO BAY FUEL DOCK, INC. 1-10-77 4-77 RESOLUTION AUTHORIZING MAYOR AND CITY CLERK TO EXECUTE A RIGHT OF WAY CERTIFICATE FOR FEDERAL . AID URBAN PROJECT M-Y370(1) AND FORWARD THE SAME TO CALIFORNIA DEPARTMENT OF TRANSPORTATION 1-24-77 5-77 RESOLUTION APPROVING GRANT OF USE PERMIT AGREEMENT TO MORRO BAY ART ASSOCIATION 1-24-77 6-77 RESOLUTION URGING THE BOARD OF SUPERVISORS TO FAVORABLY CONSIDER REQUEST FOR FUNDS BY LEGAL SERVICES CORPORATION 1-24-77 7-77 RESOLUTION AMENDING RESOLUTION NO. 76-76 WHICH ADOPTED A CONFLICT OF INTEREST CODE APPLICABLE TO THE MEMBERS OF THE CITY COUNCIL PURSUANT TO THE POLITICAL REFORM ACT OF 1974 2-14-77 8-77 VOID 9-77 RESOLUTION APPROVING AMENDMENT TO LEASE FOR LEASE SITES NO. 105.3W, 106W, 107W, AND 108W, BREBES MORRO BAY FISHERIES, INC. 2-14-77 10-77 RESOLUTION APPROVING AMENDMENT TO LEASE FOR LEASE SITES NO. 109P AND 109PW, BREBES MORRO BAY FISHERIES, INC. 2-14-77 11-77 A RESOLUTION DECLARING A WATER SHORTAGE EMERGENCY CONDITION FOR THE CITY OF MORRO BAY AND DECLARING 12-77 VOID THE NECESSITY FOR MANDATORY WATER RATIONING 2-28-77 13-77 RESOLUTION APPROVING ASSIGNMENT OF LEASE SITES NO. 96 AND 96W FROM SHIRLEY L. RICHEY TO LARRY AND PATRICIA DE GARIMORE 2-28-77 14-77 RESOLUTION AUTHORIZING THE DEPARTMENT OF GENERAL SERVICES OF THE STATE OF CALIFORNIA TO PURCHASE POLICE VEHICLES 2-28-77 14A-77 RESOLUTION APPROVING ASSIGNMENT OF LEASE SITE NO.8 FROM STANLEY J. AND SHIRLEY E. ROGERS TO FRANK CASAS AND TOM CASAS 3-14-77 15-77 RESOLUTION APPROVING SUBLEASE ON A PORTION OF LEASE SITES NO. 134-137 (CRILL) 3-14-77 16-77 RESOLUTION APPROVING GRANT OF USE PERMIT AGREEMENT TO KIWANIS CLUB OF MORRO BAY-ESTERO FOR EASTER SUNRISE SERVICES 3-14-77 0 RESOLUTION NO. 105-77 RESOLUTION ACCEPTING DEED FROM CHEVRON U.S.A., INC. T H E C I T Y C O U N C I L City of Morro Bay, California The following resolution is hereby proposed: RESOLVED that the City of Morro Bay does hereby accept a Corporation Grant Deed from Chevron U.S.A., Inc. 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 of Acceptance and Consent to Recordation for the aformentioned 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 Rowland , 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: December 12, 1977 DALE C. MITC EL , Mayor ATTEST: AK" M./L. WARDEN, City Clerk 6 RESOLUTION NO. 104-77 RESOLUTION APPROVING CONTRACT BETWEEN THE COUNTY OF SAN LUIS OBISPO AND BAY AMBULANCE AND THE CITY OF MORRO BAY FOR AMBULANCE SERVICES T H E C I T Y C O U N C I L City of Morro Bay, California The following resolution is hereby proposed: RESOLVED, that the Morro Bay City Council hereby approves the Contract by and between the City of Morro Bay, the County of San Luis Obispo, and Bay Ambulance for ambulance services; and BE IT FURTHER RESOLVED that the Mayor be authorized and is hereby directed to sign said Contract for and on behalf of the City of Morro Bay. On motion by Councilman Brown and seconded by Councilman Rowland , the City Council of the City of Morro Bay hereby adopts in its entirety the fore- going proposed resolution on the following roll call vote: AYES: Councilmen Brown, Rowland, Shelton:and Mayor Mitchell NOES: None ABSENT: Councilman Pipitone ADOPTED: December 12, 1977 �6, 21� DALE C. MITCHEEL, Mayor ATTEST: WAeg--t- M. L. WARDEN, City Clerk FA RESOLUTION NO. 103-77 RESOLUTION ADOPTING REGULATIONS FOR CANDIDATES FOR ELECTIVE OFFICE,PERTAINING TO MATERIALS SUBMITTED TO THE ELECTORATE AND THE COSTS THEREOF FOR THE GENERAL MUNICIPAL ELECTION TO BE HELD IN SAID CITY ON TUESDAY, THE 7TH DAY OF MARCH, 1978 T H E C I T Y C O U N C I L City of Morro Bay, California WHEREAS, Section 10012 of the Elections Code of the State of California authorizes the governing body of any agency to adopt regu- lations pertaining to materials prepared by any candidate for a municipal election, including costs thereof; and WHEREAS, it is the opinion of the Attorney General of the State of California (No. CV.76/5, May 6, 1976) that a candidate may not be billed for the additional cost of preparing candidates' statements in Spanish if such were not requested by the candidate but were required solely by reason of recent amendments to the Federal Voting Rights Act of 1965 (Public Law 94-73, August 6, 1975). 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 Section 10012 of the Elections Code of the State of California, each candidate for elective office to be voted for at the General Municipal Election to be held in the City of Morro Bay on the 7th day of March, 1977, may prepare a candidate's statement on an appropriate form provided by the City Clerk. Such statement may include the name, age and occupation of the candidate and a brief description of no more than two hundred (200) words of the candidate's education and qualifications expressed by the candidate himself. Such statement shall not include party affiliation of the candidate, nor membership or activity in partisan political organiza- tions. Such statement shall be filed in the office of the City Clerk at the time the candidate's nomination papers are filed. Such state- ment may be withdrawn, but not changed, during the period for filing nomination papers and'until 5:OO.p.m. of the next working day after the close of the nomination period. SECTION 2. That in compliance with the recent amendments to the Federal Voting Rights Act of 1965 (Public Law 94-73, August 6, 1975) the City Clerk shall provide a Spanish translation of the candidate's statement ,to be included in the Voter's Pamphlet and mailed with the sample ballot to each voter in said City. SECTION 3. That the City Clerk shall send to each voter with the sample ballot, a voter's pamphlet which contains the statement of each candidate in English and Spanish pursuant to law. SECTION 4. That each candidate filing a candidate's statement shall be billed for the services rendered, a sum not greater than the actual prorated costs of printing and handling and such bill shall be due and payable immediately upon receipt thereof. SECTION 5. That the City Clerk shall provide each candidate or the candidate's representative a copy of this Resolution at the time nominating petitions are issued. 0 0 Resolution No. 103-77 Page Two 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 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 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: November 28, 1977 DALE C. MITC , Mayor ATTEST: L M. . WARDEN, City Clerk RESOLUTION NO. 102-77 RESOLUTION CALLING AND GIVING NOTICE OF THE HOLDING OF A GENERAL MUNICIPAL ELECTION TO BE HELD IN THE CITY OF MORRO BAY ON TUESDAY, THE 7TH DAY OF MARCH, 1978 FOR THE ELECTION OF THREE MEMBERS OF THE CITY COUNCIL AND THE ELECTION OF THE MAYOR 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 SPECIAL COUNTY ELECTION TO BE HELD ON SAID DATE T H E C I T Y C O U N C I L City of Morro Bay, California WHEREAS, under the provisions of the laws relating to General Law Cities in the State of California, a regular general municipal election shall be held on the 7th day of March, 1977, for the election of a Mayor of said City for the full term of two (2) years, two (2) members of the City Council of said City for the full term of four (4) years, and one (1) member of the City Council of said City for a _ short term of two (2) years; and WHEREAS, the City Council of the City of Morro'Bay has determined, in accordance with Section 34906 of the Elections Code of the State of California, that the candidate receiving the third highest number of votes for City Council will be elected to the short term of two (2) years. 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 7th day of March, 1978, a general municipal election of the qualified electors of said City for the purpose of the election of a Mayor of said City for the full term of two (2) years, two (2) members of the City Council of said City for the full term of four (4) years, and one (1) member of the City Council of said City for a short term of two (2) years. SECTION 2. That pursuant to Section 34906 of the Elections Code of the State of California, it is hereby determined that the candidate for City Council receiving the third highest number of votes will be.elected_to the short term of two (2) years. SECTION 3.. That the general municipal election hereby called for the date hereinbefore specified shall be and is hereby ordered con- solidated with the special County election to be held on said date, and within said City. The precincts, polling places and officers of election for the general municipal election hereby called shall be the same as those provided for said special County election. The Board of Supervisors of San Luis Obispo County is hereby requested to order the consolidation of the general municipal election hereby called with said special County election, and the County Clerk is hereby authorized to canvass the returns of said general 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 special County election, shall be used. Said County Clerk shall certify the results of the canvass of the returns Resolution No. 102-77 Page Two of said general municipal election to the City Council of said City which shall thereafter declare the results thereof. SECTION 4. 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. SECTION 5. 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 6. 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 7. 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 minutes 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 8. That this resolution shall take effect immediately. 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, Rowland, Shelton and Mayor Mitchell NOES: None ABSENT: None ADOPTED: November 28, 1977 iDD DALE C. MITCHEIOL, McrycT ATTEST: M.Ir. WARDEN, City Clerk RESOLUTION NO.lol-77 RESOLUTION APPROVING SUBMISSION OF CITY OF MORRO BAY .•SUPPLEMENTAL CLAIM TO FISCAL YEAR 1977/78 ANNUAL TRANSPORTATION CLAIM PURSUANT TO THE STATE OF CALIFORNIA TRANSPORTATION DEVELOPMENT ACT OF 1971 AS AMENDED TO JANUARY 1, 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: BE IT RESOLVED that a supplemental claim to the Annual Transportation Claim of the City of Morro Bay, California for fiscal year 1977/78, dated June 13, 1977, with attachments, 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 supplemental claim and attachments for and on behalf of the City of Morro Bay; and BE IT FURTHER RESOLVED that said supplemental claim and attachments be forwarded to the San Luis Obispo County and Cities Area Planning Coordinating Council. On motion by Councilman Brown and seconded by Councilman Rowland , 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: November 28, 1977 --c. mr1ICKELL, Mayor ATTEST: M. L. WARDEN, City Jerk RESOLUTION NO. 100-77 RESOLUTION APPROVING ASSIGNMENT OF LEASE SITE NO. 150 FROM WAYNE E. BICKFORD AND NORMA BICKFORD TO KING CITY TRANSIT MIX, INC. T H E C I T Y C O U N C I L City of Morro Bay, California WHEREAS, a request has been made by Wayne E. Bickford and Norma Bickford to transfer the leasehold interest in Lease Site No. 150 to King City Transit Mix, Inc.; and WHEREAS, it is in the public interest that the approval of this City Council be given to said assignment, provided the assignees assume all the obligations required to be assumed by 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 Wayne E. Bickford and Norma Bickford of the leasehold interest in Lease Site No. 150 to King City Transit Mix, Inc.; 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 Rowland , 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 28, 1977 DALE C. MITCHEEVT Mayor ATTEST: M. WARDEN, City Clerk 0 RESOLUTION NO. 99-77 RESOLUTION REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF SAN LUIS OBISPO TO CONSOLIDATE A GENERAL MUNICIPAL ELECTION OF THE CITY OF MORRO BAY TO BE HELD ON MARCH 7, 1978, WITH THE SPECIAL COUNTY ELECTION TO BE HELD ON MARCH 7, 1978, PURSUANT TO SECTION 23302 OF THE ELECTIONS CODE T H E C I T Y C O U N C I L City of Morro Bay, California WHEREAS, the City Council of the City of Morro Bay will hold a general municipal election in the City of Morro Bay on March 7, 1978, for the purpose of the election of three members of the City Council and the election of the Mayor of said city; and WHEREAS, it is desirable that said special municipal election be consolidated with the special County 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 general municipal election and that said special County election and general municipal election be held in all respects as if there were only one election. NOW,THEREFORE, THE CITY COUNCIL OF THE CITY OF MORRO BAY 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 is hereby requested to consent and agree to the consolidation of a general municipal election with the special County election on Tuesday, the 7th day of March, 1978, for the purpose of the election of three members of the City Council and the election of the Mayor. SECTION 2. The County Clerk is hereby authorized to canvass the returns of said general municipal election which it is hereby requested to consolidate with said special County 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. I,•:A. • 0 Resolution No. 99-77 Page Two SECTION 3. Said Board of Supervisors is hereby requested to issue instructions to the County Clerk to take any and all steps necessary for the holding of said 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: AYES: Councilmen Brown, Pipitone, Mitchell NOES: None ABSENT: None Rowland, Shelton and Mayor ADOPTED: November 14, 1977 DALEELL, Mayor �� ATTEST: 21 l 41� M: Y,. WARDEN, City Clerk RESOLUTION NO. 97-77 RESOLUTION ACCEPTING DEED FROM MILTON C. ROHRBERG AND AILEEN E. ROHRBERG AND AUTHORIZING RECORDATION (SUNSET HILLTOP PROPERTY) T H E C I T Y C O U N C I L City of Morro Bay, California The following resolution is hereby proposed: RESOLVED that the City of Morro Bay does hereby accept a Grant Deed from Milton C. Rohrberg and Aileen E. Rohrberg for all that real property described as Assessor's Parcel Number 68-321-12 in the City Morro Bay, County of San Luis Obispo, State of California. BE IT FURTHER RESOLVED that the City Clerk be and is hereby authorized and directed to record said Deed together with a copy of this resolution in the Office of the Recorder of the County of San Luis Obispo. On motion by Councilman Brown and seconded by Councilman Rowland , the Morro Bay City Council hereby adopts the foreging 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 14, 1977 �Q/ E / C. MITCHEZI;, Mayor ATTEST: M. WAR . DEN, City Clerk AND WHCN NCconneo MAIL TO • 1 Nom. SL.0 Addnn CiIT A Smte I .Mt TAX 3T.H.INT3 TO Nom. Stoat Addle,. City A sl,l. I L GD-A64- _J SPACE ABOVE THIS LINE FOR RECORDER'S USE DOCIJ\IENT, Rl' TR;\NSFFR 'FAX S... ........................................................ __CO>II'UTKD ON FUI,I, \',\LIIF: UI' I'ROI'F: R'I'1' CO' ). _Oft C0Jf1'I;'F.D ON FULL \':\I.UF•: LESS LIENS :SNrt J ENCUMBRANCES 1(Ii\IMNING Xl''1 EME' OF SALE. _ City of Morro Signatme of Ilerlaiant or :\gcot determining tits. Firm Nance I Grant 'Deed I THIS FORM FURNISHED BY TRUSTORS SECURITY SERVICE FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, MILTON C. ROHRBERG and AILEEN E. ROHRBERG, husband and wife, hereby GRANT(S) to CITY OF MORRO`'BAY the following described real property in the County of San Luis Obispo Stale of California: Dated CY MB Tr 98 Ptn; Assessors Parcel Numbers Book 68 Page 321 Parcel 12 Sub 000 Sbject to: TARes 1976-77. 77-78. and any costs to redeem; Sept 3, 1977 STX11' (IF CALIFORNIA COUNTY 0F_--Sa_n-.uis-0-bis -0 ss. Oil Sept 1'3 ?hrrnre tile, the under. signed, a Notary Public, in and for .aid State, personally appeared _ _ Mill on C, Rohrberp and Aileen E. Rohrberg-._--_-_--______ • known to me p, Lc the persou_whosc name s _ suLxrihed to the Within instrument and acknnwledgmi that—tbey_execmed the s;mtr. 11'IT'NESS me hand and official teal. gignjat�u'rc//CC�fCz�%--_/j�// B'"�.L^ilL--r� �J C's.�t`..:.:,•.e) Natue CI)'ped or Primed) Gri IC ir1L SIiAL PU EI ITIT"J. f."OROSIN GALIRIPIO I1'pf) T _,'• f4O TC.R'( (iUC CALIF I • -� G C'IJTI' b -� AI;:rlts 'UL �l, 797D M-W. Iu,. fur uM. i.1 11100.0 wull Title Order No._ File. F-scr,w or Loan No • 0 RESOLUTION NO. 96-77 RESOLUTION ACCEPTING DEED FROM LENNIS E. DAVIS AND AUTHORIZING RECORDATION (SUNSET HILLTOP PROPERTY) T H E C I T Y C O U N C I L City of Morro Bay, California The following resolution is hereby proposed: RESOLVED that the City of Morro Bay does hereby accept a Grant Deed from Lennis E. Davis for all that real property described as Assessor's Parcel Number 68-321-12 in the City Morro Bay, County of San Luis Obispo, State of California. BE IT FURTHER RESOLVED that the City Clerk be and is hereby authorized and directed to record said Deed together with a copy of this resolution in the Office of the Recorder of the County of San Luis Obispo. On motion by Councilman Brown and seconded by Councilman Rowland , the Morro Bay City Council hereby adopts the foreging 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 14, 1977 D E C. MITCH L , Mayor ATTEST: M. . WARDEN, City Clerk �4 F Nam. III=, Add ror city a st.l. L AND WHEN RECORDED MAIL TO J • SPACE ABOVE THIS LINE FOR RECORDER'S USE AFFIX I.R.S. 8....................IN Tills SPACE Grant Deed TO 405 C THIS FORM FURNISHED BY TITLE INSURANCE AND TRUST COMPANY FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, hereby GRANT(S) to CITY OF MORRO BAY the following described real property in the County of San Luis Obispo CY MB Tr 98 PTN. Assessors Parcel Number Book 68 Page 321 Parcel Suject to; Taxes 1976-77 1977-78. and any costs to redeem; l Dated / i' % State of California: 12 Sub 000 STATE OF CALIFORNIA COUNTY OF LOS ANGELES }Ss. On T 0�FR_ P1. i92_7__— Lefm'e me, the under. signed, a Notary Public in and for said State, personally appeared _L.E.RNIS_E—. __D AUS AKA MRS. CU_RTTC B_pgV T S . known to me to be the person —whose subscribed to lbc within instrument and acknowledged that --SHE executed the same. WITNIiSS myy/hand � and olticia seal. Signature 2!e _ MARY M- YOUNG 7. O=r ICIAL SEAL a{ MARY M.YOUNG NOTARY PUBLIC- CALII URNIA 'r LOS ANGELES COUNTY My Commisswn Aug. 19. 1980 Name (Typed or Printed) IPaI. urn I., oaki.l wuinl .r.11 'I'ille Order No. _ _Escrow or Loan No. -J RESOLUTION NO. 95-77 RESOLUTION DESIGNATING DEPARTMENTS REQUIRED SUBMIT CONFLICT OF INTEREST CODES AND ESTABLISHING DEADLINE FOR SUBMISSION OF SAID T H E C I T Y C O U N C I L City of Morro Bay, California TO CODES WHEREAS, pursuant to the provisions of Government Code Sections 87300 et seq., each "agency" (City department, Board or Commission) is required to submit to the "code reviewing body" a Conflict of Interest Code for approval; and WHEREAS, the City Council is designated as the reviewing body and is charged with the responsibility of establishing a deadline for submission of said codes for its review; and WHEREAS, to allow sufficient time for drafting of said codes a reasonable deadline for submission by those agencies enumerated herein is determined to be December 1, 1977; and WHEREAS, those agencies required to submit a Conflict of Interest Code are determined to be: City Attorney, City Administrator, Finance Department, Fire Department, Planning and Building Department, Police Department, Parks and Recreation Department, Public Works Department, and Planning Commission. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay that the enumerated agencies submit Conflict of Interest Codes to the City Council by December 1, 1977. On motion by Councilman Brown and seconded by Councilman Rowland 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, Mayor Mitchell NOES: None ABSENT: None ADOPTED: October 24, 1977 ATTEST: &0� M. L. WARDEN, City Clerk Pipitone, Rowland, Shelton and �, / RESOLUTION NO. 94-77 RESOLUTION ACCEPTING A PIPE LINE CONVEYANCE 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 received a Conveyance for two sections of 10" pipe lines executed by representatives of Texaco, Inc.; and WHEREAS, it is in the public interest that said Convey- ance be accepted. NOW, THEREFORE, BE IT RESOLVED that the Conveyance to said pipe lines is hereby accepted and the City of Morro Bay consents.to recordation of said Conveyance by its duly authorized officer. 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: Councilman Brown, Pipitone, Rowland, Shelton and Mayor Mitchell NOES: None ABSENT: None ADOPTED: October 24, 1977 ,/o� n, ��?�� DALE C. MITCHELL, Mayor ATTEST: M. 111 WARDEN, City Clerk RESOLUTION NO. 93-77 RESOLUTION ADOPTING THE LAND USE ELEMENT OF THE CITY GENERAL PLAN T H E C I T Y C O U N C I L WHEREAS, the Planning Commission of the City of Morro Bay did, on June 20 and July 18, 1977, conduct public hearings to consider the adoption of the Land Use Element of the City General Plan in confor- mance with Section 65351 of the Government Code of the State of California; and WHEREAS, the Morro Bay City Council held a.publib.hearing on October 10, 1977, 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 Land Use Element was so heard and testimony considerd. NOW, THEREFORE, BE IT RESOLVED that the Morro Bay City Council does hereby adopt the Land Use Element of the General Plan in con- formance with Section 65355 of the Government Code of the State of California. 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: Councilman Shelton ABSENT: None ADOPTED: October 24, 1977 ATTEST: �'O�� M. L. WARDEN, City Clerk 104�&e 77j&� DALE C. MITCHELL, Mayor RESOLUTION NO. 92-77 RESOLUTION ACCEPTING EASEMENT AND DIRECTING RECORDATION, TITLE INSURANCE AND TRUST COMPANY 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 easement by and between Title Insurance and Trust Company, a corporation organized under the laws of the State of California,Trustee Under the Will of Paul J. McMahon, grantor and the City of Morro Bay, California, as grantee, granting to the City an easement for the right to construct, maintain, operate and use, a storm sewer pipe line in, under and across the Southerly five feet of Lot 16, Block 28, of Morro Del Mar Subdivision No. 2 as shown on a map thereof recorded in Volume 3 of Maps, Page 81, San Luis Obispo County Records, is hereby accepted by the City Council of the City of Morro Bay; and BE IT FURTHER RESOLVED that the City Clerk be and is hereby directed to record said easement, together with a copy of this resolution, in the Office of the Recorder of the County of San Luis Obispo. On motion by Councilman Brown and seconded by Councilman Rowland , 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: October 24, 1977 ATTEST: M. L. WARDEN, Rowland, Shelton and Mayor &,& Z?7 DALE C. MITCHELL, Mayor RECORDING REQUESTO BY: 0 City Clerk - City of Morro Bay WHEN RECORDED MAIL TO: City Clerk - City of Morro Bay 595 Harbor Morro Bay, California 93442 EASEMENT FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, TITLE INSURANCE AND TRUST COMPANY, a corporation organized under the laws of the State of California, Trustee Under the Will of Paul J. McMahon, hereby grants to the CITY OF MORRO BAY, an easement for, and the right to construct, maintain, operate and use, a storm sewer pipe line in, under and across the following described real property in the County of San Luis Obispo, State of California: Southerly five feet (51) of Lot 16, Block 28, of Morro Del Mar Subdivision No. 2 as shown on a map thereof recorded in Volume 3 of Maps, Page 81, San Luis Obispo County Records. In WITNESS WHEREOF, said corporation has caused its corporate name and seal to be affixed hereto and this instrument to be executed by its Vice President and Assistant Secretary thereunto duly authorized. TO aa. e O :OMPANY, (Corporation) STATE OF CALIFORNIA J SS. COUNTY OF LOS ANC .ES 11J On October 4, iyrt before me, the undersigned, a Notary Public in and for said State, personally appeared V . L. Hee ke is miller w known to me to be the_ Vice President, and Vincent Shepherd , c Assistants y p w known to me to he ecretar of the corporation that executed the within Instrument, S known to me to be the persons who executed the within j Instrument on behalf of the corporation therein named, and acknowledged to me that such corporation executed the within instrument pursuant to its by-laws or a resolution of its board -,. OFFICIAL SEAL of directors.aLUCY 1r-� ZtNq r WITNESS my hnn and official seal. '' `" "'C r:OTAR7 f L�::C —. CAL:-Ortit:A �• T LCC Ar:G 3!ES COUNTY Signatar hly CM1111SSIOn Ey7:fCS Aubmst 22, 1980 I,I Lucy E. Zimmerman Name (Typed or Printed) (This area for official notarial seal) ry W W : h ri r � h Q Q 9 k1�J ,G 0-1 - y � o \ Q v. ti J d p.( � T v I u) 0. N �l W N Af v W O ,09 Y .I /. RESOLUTION NO. 91-77 RESOLUTION ACCEPTING EASEMENT AND DIRECTING RECORDATION, POWELL 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 easement by and between Fred W. Powell and Beverly B. Powell, husband and wife, grantors and the City of Morro Bay, California, grantee, granting to the City an easement for the right to construct, maintain, operate and use a storm sewer pipe line in, under, and across the Southern five feet of Lot 17, Block 28, of Morro Del Mar Subdivision No. 2 as shown on a map thereof recorded in Volume 3 of Maps, Page 81, San Luis Obispo County Records, is hereby accepted by the City Council of the City of Morro Bay; and BE IT FURTHER RESOLVED that the City Clerk be and.is hereby directed to record said easement, together with a copy of this resolution, in the Office of the Recorder of the County of San Luis Obispo. On motion by Councilman Brown and seconded by Councilman Rowland , 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: October 24, 1977 ��//-/;T & D E C. MITCH LL, Mayor ATTEST: L�'r M. L. WARDEN, City Clerk RECORDING REQUESTED BY: City Clerk - City of Morro Bay WHEN RECORDED MAIL TO: City Clerk - City of Morro Bay 595 Harbor Morro Bay, California 93442 EASEMENT 01 r/ DOC. NO. I OFFICIAL RECORDS SAN LUIS OBISPO CO., CAL S E P 161977 COMPARED WILLIAM E. ZIMARIN COUNTY RECORDER TIME 1 2 ; ® x PM FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Fred W. Powell and Beverly B. Powell, husband and wife, hereby grant to the CITY OF MORRO BAY, an easement for, and the right to construct, maintain, operate and use, a storm sewer pipe line in, under and across the Southerly five feet (5') of Lot 17, Block 28, of Morro Del Mar Subdivision No. 2 as shown on a map thereof recorded in Volume 3 of Maps, Page 81, San Luis Obispo County Records. r Dated: ! r.--'- 1977 Fred W. Powell Beverly B,, Powell STATE OF CALIFORNIA COUNTY OF SAN LUIS OBISPO / A On this day of �..I y 19 ) % , before me, the undersigned, a Notary Public in and for said State and County, personally appeared Fred W. Powell and Beverly B. Powell known to me to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same. Witnessmy hand and official seal. Signature i /i'.�/ %I i/r" >. Notary Public ARDITH DAVIS �o_.. NOIARY PJZLiC SAN LO'S O&:'.^4 COUNTY CALIK),MIA My c mm1231M Ex01n, May 21, 1074 �V,LZQJ,.L r".',GE7.9 • I h A END OF DOCUMENT YO12�1� ?ACE 80 RESOLUTION NO. 90-77 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY,REQUESTING THE STATE DEPARTMENT OF TRANSPORTATION 09,FEDERAL HIGHWAY ADMINISTRATION TO APPROVE FEDERAL AID URBAN PROJECT FOR THE CITY OF MORRO BAY URBAN AREA WHEREAS, the Congress of the United States has in a Federal Aid Highway Act of 1976 declared it to be in the National interest for Federal funds to be expended for highway projects on the Federal Aid Urban system, and WHEREAS, based on the 1970 census, the Bureau of Census has designated the City of Morro Bay as an urban area, and WHEREAS, before Federal Aid will be available for urban system projects within the urban area, the Federal Aid Urban Project must be designated. NOW, THEREFORE, IT IS HEREBY RESOLVED as follows: 1. The City Council of the City of Morro Bay request that the proposed Federal Aid Project as shown on attached Exhibits 1, 2 and 3 be approved by the State Department of Transportation and the Federal Highway Administration as a Federal Aid Urban Project. 2. Copies of the resolution shall be forwarded to Frank Gregory, District Engineer, California Department of Transportation, District V, P. 0. Box "L", San Luis Obispo, CA 93406. On motion by Councilman Brown and seconded by Councilman Rowland , 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, Mitchell NOES: None ABSENT: None ADOPTED: October 24, 1977 Pipitone, Rowland, Shelton and Mayor ATTEST: MUR AY WARDEN, City Clerk "EXHIBIT 1" CITY OF MORRO BAY PROPOSED FEDERAL AID URBAN PROGRAM CITY OF MORRO BAY URBAN AREA Project No. 1 - Java Street and Sandalwood Avenue $97,600 From Beachcomber Avenue to San Jacinto -Street widen existing 32 foot roadway to 36 feet between curb faces. Construct new curb and gutter, construct new A.C. pavement and construct incidental drainage facilities. Will consist of two 10 foot traffic lanes and two 8 foot parking lanes. See Exhibits 2 and 3 for additional details. This proposed project is a continuation of our first stage project, and has already been field reviewed and approved by both Caltrans and FHWA. 0 r , ,i ., � \ �! 1 , i%,1•� -:�, � •.�`: �j��� •{ lam• � r ri b '' I •' ,'^ •�'',•����li ice'• i \\a ��4 ' tom•: ! � C..r ...._ : \ ►o l L n:�'�+:w.�. •••.•per W � ` ' _ ; i `,i _ ''�i� !'� The, City of ! Son Luis Obispo Co. Colifornio EXHIBIT 2 I 1� 1 JA VA STREET Rlw I i 4' 8airo CITY OF MORRO f3Ay PU61-/C WORK5 DEPARTMo6N7- T'YP/CAL SEG%IONS - ExHI,51r 3 EXIST/Na zs' 25 A/W Deep Lif% A. C. P4✓1n, Coir�o ed Sub -Grade G~ rri ei- Gui PROPOSED R/W 2D1 4 20� R/w i A.C, PA,✓ my f No Qase ISANDAILWOOLD EX/S7-/Ivy 14 YENL/E_ a�W 4i Rlry 20' 20' I , , 2 OeeP Ll ff A. C. PQviny 6"Bois�ve�G� 6'A�rrier Curb • coMp4�t� sib-crod� ; , �, ,I � PROPOSED .�' : .•. ;; . 1 - • I 0 RESOLUTION NO. 89-77 RESOLUTION APPROVING SUPPLEMENT NO. 1 TO LOCAL AGENCY -STATE AGREEMENT NO. 4 FOR FEDERAL -AID IMPROVEMENT PROJECT M-Y370(1) T H E C I T Y C O U N C I L City of Morro Bay, California The following resolution is hereby proposed: RESOLVED, that the Morro Bay City Council hereby approves Supplement No. 1 to the Local Agency -State Agreement No. 4 for Federal Aid Improvement Project M-Y370(1) dated March 14, 1977 by and between the City of Morro Bay and State of California, Division of Highways of the Department of Transportation for Federal Aid Improvement Projects; and BE IT FURTHER RESOLVED that the Mayor and City Clerk be 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, Shelton and Mayor Mitchell NOES: None ABSENT: Councilman Rowland ADOPTED: October 10, 1977 DALE C. MITCHELL, Mayor ATTEST: hJkL'J' M. WARDEN, City Clerk RESOLUTION NO. 88-77 RESOLUTION APPROVING AMENDMENT TO LEASE WITH YVETTE PIERCE FOR LEASE SITES NO. 67 AND 67W 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 Yvette Pierce to extend the lease on Lease Sites No. 67 and 67W for a fifteen year period commencing July 1, 1977; and WHEREAS, the terms of the basic lease grant to the Lessee the option to extend the period of the original lease ban 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 Yvette Pierce 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. 67 and 67W extending this lease for an additional fifteen year period commencing July 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 P.ipitorie , 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: Councilman Rowland ADOPTED: October 10, 1977 ATTEST: %4 L��� IK. WARDEN, City Clerk f DALE C. MITCH L , Mayor RESOLUTION NO. 87-77 RESOLUTION AMENDING CITY COUNCIL AGENDA FORMAT T H E C I T Y C O U N C I L City of Morro Bay, California WHEREAS, the City Council desires to provide a means for any person to be heard on any matter during regular City Council meetings; and WHEREAS, it is desirable to maintain an orderly and business -like atmosphere for the conduct of City Council meetings; and WHEREAS, it is desirable to assure that City Council meetings are completed within a reasonable time. NOW, THEREFORE, BE IT RESOLVED that the attached agenda format, marked Exhibit A and by reference made a part of this resolution, is adopted by the Morro Bay City Council; and BE IT FURTHER RESOLVED that the time allowed for each person'to be heard under agenda item E-1, "Public Comment", Exhibit A, shall be limited to three (3) minutes; and BE IT FURTHER RESOLVED that groups of people wishing to present similar views are encouraged to choose a spokesman thereby limiting the amount of time spent on each subject. 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, Pipitone, Rowland, Shelton and Mayor Mitchell NOES: None ABSENT: None ADOPTED: September 12, 1977 DALR C. MITC E , Mayor ATTEST: M. L. WARDEN, City Clerk • • EXHIBIT A CITY OF MORRO BAY AGENDA FORMAT CITY OF MORRO BAY AGENDA - MORRO BAY CITY COUNCIL Date 7:30 p.m. Morro Bay Recreation Hall Call to Order Pledge of Allegiance Invocation Roll Call A. CONSENT CALENDAR 1. Other items in sequence B. HEARINGS, APPEARANCES AND REPORTS 1. Other items in sequence C. UNFINISHED BUSINESS 1. Other items in sequence D. NEW BUSINESS 1. Other items in sequence E. INDIVIDUAL DETERMINATION AND/OR ACTION 1. Public Comment 2. City Council 3. City Attorney 4. City Administrator RESOLUTION NO. 86-77 RESOLUTION ACCEPTING WORK AND GIVING NOTICE OF COMPLETION FOR CONSTRUCTION AND INSTALLATION OF BEACH STREET FLOATING BOAT DOCKS JOB NO. PW76-024-37RS 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 13, 1977, award a contract for Construction and Installation of Beach Street Floating Boat Docks, Job No. PW76-024-37RS, to McGray Construction Company, Inc., P. O. Box 646, Santa Maria, California, 93454; 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 September, 1977, 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 Rowland , the Morro Bay City Council hereby adopts the foregoing proposed resolution in its entirety on the following roll call vote: AYES: Councilmen Brown, Mayor Mitchell NOES: None ABSENT: None Pipitone, Rowland, Shelton and ADOPTED: September 12, 1977 ATTEST: M. L. WARDEN, City Clerk r 1 ai P �0 DALE C. MITCH L, Mayot C` RESOLUTION NO. 85-77 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 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 of 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 Rowland , the Morro Bay City Council hereby adopts the foregoing resolution in its entirety by the following roll call vote: AYES: Councilmen Brown, Pipitone, Rowland, Shelton and Mayor Mitchell NOES: None ABSENT: None ADOPTED: September 12, 1977 ddlZ DALE C. MITCH ayor ATTEST: M. L. ,f ARDEP , City Clerk OWN28F A00000.00CAHM, RECORDING REQUESTED BY FRANK L. FREITAS, COUNTY TAX COLLECTOR WHEN RECORDED MAIL TO: CITY OF MORRO BAY 595 HARBOR ST. MORRO BAY, CA. 93442 DEED THIS INDENTURE made the llth day of Frank L. Freitas, Tax Collector of the Cot party of the first part, and the Citv State of California, party of the second I +HOC. NO. t► OFFICIAL RECORDS SAN LUIS OBISPO CO., CAI JUL 2 8 )W7 COMPARED WILLIAM E. ZINIARIk COUNT)' RECORDER TIME I, o 1 AM ABOVE THIS LINE FOR RECORDER'S USE my , 19 77 between San Luis Obispo, State of California, wn Re.. THAT WHEREAS, the real property hereinafter described was duly sold and conveyed to the State of California for the non-payment of taxes which had been legally levied and which were a lien upon said property under and in accordance with Zaw; and WHEREAS, in conformity with law, the State of California, acting by and through Frank L. Freitas, Tax Collector as aforesaid, did sell to the said second party, the said property hereinafter described pursuant to an agreement made in accordance with the provisions of Division 1, Part 6, Chapter 8, of the Revenue and Taxation Code, at which sale said second party became the purchaser of the whole thereof for the sum of Fifty-seven and 50/100 dollars ($ 57.50 NOW, THEREFORE, the said party of the first part, in consideration of the premises and in pursuance of the statute in such case made and provided, does hereby grant to the said party of the second part that real property hereinbefore referred to and situate in the County of San Luis Obispo, State of California, more particularly described as follows, to -wit: Assessor's Parcel No. 68-371-02-000 Code Area 6-02 See attached Description consisting of 1 page IN WITNESS WHEREOF said party of the first part has hereuntoset his hand the day and year first above written. 1 ` Z TAX COLLECTOR COUNTY OF SAN LUIS OBISPO, STATE OF CALIFORNIA STATE OF CALIFORNIA > COM1 OF SM LUIS OBISPO ) ss, On the 26th day of July , 19 77 , before me, MISBETH WOLLAM, County Clerk and ex-officto Clerk of the Superior Court of the State of California in and for the County of San Luis Obispo, personally appeared FRANK L. FREITAS, known to me to be the Tax Collector of said County and the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same as such Tax Collector. P"I -" t. . County Clerk and ex-officio Clerk of the Superior Court �'�� Deputy i Page 2 Des*tion of Assessor's Parcel No.08-371-02-000 IN THE CITY OF MORRO BAY - IN RANCHO MORO Y CAYUCOS - THAT PORTION OF LOT 18 DESCRIBED AS FOLLOWS: BEGINNING AT THE POINT OF INTERSECTION OF THE SOUTH LINE OF CALIFORNIA STATE HIGHWAY NO. 125-A WITH THE NORTHEAST LINE OF SAID LOT 18; THENCE SOUTH 31" 18' EAST, 118.58 FEET TO A POINT; THENCE SOUTH 14' 25' WEST, 106.44 FEET TO A POINT; THENCE SOUTH 690 21' 30" WEST, 168.68 FEET; THENCE SOUTH 48° 43' 30" WEST, 181.43 FEET; THENCE SOUTH 58' 37' 30" WEST,94.85 FEET; THENCE SOUTH 45" 04' WEST, 92.78 FEET; THENCE NORTH 53° 04' 30" WEST, 22.81 FEET TO THE SOUTH LINE OF SAID STATE HIGHWAY; THENCE NORTH 280 04' EAST, 125.58 FEET; THENCE NORTH 36° 23' 30" EAST, 102.43 FEET; THENCE NORTH 41" 05, 30" EAST, 92.98 FEET; THENCE NORTH 47" 38' 30" EAST, 328.61 FEET TO THE POINT OF BEGINNING. 0 E CERTIFICATE OF ACCEPTA14CE THIS IS TO CERTIFY that the interest in real property conveyed by the Deed dated July 11, 1977, 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 12, 1977, and the Grantee consents to recordation thereof by its duly authorized officer. DATED: ATTEST: M. L. WARDEN, City Clerk CITY OF MORRO BAY DALE C..MITCHE L, Mayor 0 RESOLUTION NO. 84-77 RESOLUTION APPROVING GRANT OF USE PERMIT AGREEMENT TO MORRO BAY CHAMBER OF COMMERCE FOR ROCK-A-RAMA 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 Rowland , 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: September 12, 1977 ATTEST: *,,,, /JD, MUR L. WPIDEN, City Clerk I 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 the Mor 5 Bay Chamber of Commerce (hereinafter called PERMITTEE) the right 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. Exhibit "A" attached hereto; 11 PROPERTY 2. The area of Las Tunas, Balboa, and Allesandro 12 Streets between Butte and Bella Vista and alo 13 Morro Bay Boulevard from Quintana Road to 14 Market Street; 15 PROPERTY 3. The Morro Bay City Park; 16 (hereinafter called SAID PROPERTY). 17 1. The right and privilege granted to PERMITTEE pursuant 18 to this Use Permit Agreement shall become effective for the hours 19 indicated as follows: 20 PROPERTY 1. Between 7:00 a.m. and 5:00 p.m. on Saturday, 21 November 12, 1977; 22 PROPERTY 2. Between 8:00 a.m. and 12:00 p.m. on Saturday, 23 November 12, 1977; 24 PROPERTY 3. Between 10:00 a.m. and 5:00 p.m. on Saturday, 25 November 12, 1977. 26 2. PERMITTEE shall use PROPERTY 1 for the purpose of a 0 27 bicycle marathon; PROPERTY 2 for the purpose of conducting the 28 Rock-O-Rama parade and an adult soap box derby; and PROPERTY 3 29 for the purpose of conducting parade awards ceremony, food and 30 drink concessions, an oyster shucking and eating contest and 31 for no other purposes. PERMITTEE may display such exhibits on 32 SAID PROPERTY as PERMITTEE deems necessary for such purpose, ' 1 provided, however, that all rules, regulations, resolutions, and 2 ordinances of the City of Morro Bay or any department thereof, 3 including by way of illustration but not limitation, fire and 4 safety orders, rules, regulations, or ordinances, shall at all 5 times be complied with. 6 3. Prior to the expiration of this Use Permit Agreement, 7 PERMITTEE shall remove or cause to be removed, all exhibits.and 8 other facilities constructed or erected on SAID PROPERTY by 9 PERMITTEE. At the expiration of this Use Permit Agreement, 10 PERMITTEE shall surrender SAID PROPERTY to CITY in as good cond- 11 ition as it was when it was originally received by PERMITTEE, 12 reasonable wear excepted. 13 4a. This Use Permit Agreement is granted to PERMITTEE 14 upon the express condition that PERMITTEE shall keep and hold 15 CITY free from all liability, expense, and claim for damages by 16 reason of any injury or death to any person or persons, including 17 PERMITTEE, or property of any kind whatsoever and to whomsoever 18 belonging, including PERMITTEE, from any cause or causes whatso- 19 ever during the term of this Use Permit Agreement or any extensior 20 thereof or any occupancy or use hereunder; PERMITTEE hereby 21 convenanting and agreeing to indemnify and save CITY harmless 22 from all liability, loss, cost, and obligations on account of or 23 arising out of any such injuries or losses howsoever occurring. 24 4b. PERMITTEE agrees to take out and keep in force during 25 the life hereof, at PERMITTEE's expense, liability insurance to 26 protect against any liability to any person or persons, including 27 PERMITTEE, resulting from any occurrence in or about or incident 28 to SAID PROPERTY and appurtenant areas in the amount of $100,000 29 II to indemnify against the claim of one person, $300,000 against 30 the claim of two or more persons; and $50,000 for property 31 damage. Said policies shall insure the liability of PERMITTEE 32 and the liability contingent or otherwise, of CITY and such other 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 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. 4c. Any insurance policy insuring PERMITTEE against claims, expense, or liability for injury or death to person or property in or about SAID PROPERTY shall provide that the insurer shall not acquire by subrogation any right of recovery which PERMITTEE has expressly waived in writing prior to the occurrence of the loss. PERMITTEE hereby waives any right of recovery against CITY for any 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 PROPERTY during the term of this Use Permit Agreement. 6. CITY shall have the right to enter upon SAID PROPERTY at all reasonable hours to examine the same or to make such repairs or temporary alterations as CITY shall, in its sole discretion, desire. Dated: ATTEST: CITY OF MORRO BAY DALE C. MITCHELL, Mayor MORRO BAY CHA16ER OF COMMERCE 32 '1 1 1 \ � 1 1 4it� p •• '�\ N \ -U ` �.. t;., D i ,I 'n 11 i d y . ,� ti • .I , 1 `\1 I S• 1 Y ' i h C,I y of It'll G. eti © cj�i° Son Luis Obispo Co, Coidornlo `Y 1 • s RESOLUTION NO. 83-77 RESOLUTION APPROVING THE APPLICATION FOR 1976 STATE GRANT MONEYS FOR THE DEVELOPMENT OF DEL MAR PARK T H E C I T Y C O U N C I L City of Morro Bay, California ;THEREAS, the people of the State of California have enacted the State Urban and Coastal Bond Act of 19a6, 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 the applications prior to submission of said applications to the State; and WHEREAS, said applications contain assurances that the applicant must comply with; and WHEREAS, the applicant agency will enter into an agreement with the State of California for the development of the project; and WHEREAS, the City's Master Plan was first adopted by the City Council in January, 1968; and WHEREAS, the proposed development of Del Mar Park project appears on the City's Plan, is consistent with the California Outdoor Recreation Resources Plan, and is in conformity with the State Environmental 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 1976 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 has reviewed and understands the general provisions contained in the state/local agreement; and 5. Certifies that said agency meets the planning requirements and that the project is compatible with the land use plans of those jurisdictions _mmediately surrounding the project; and ►uJ Resolution No. 83-77 Page Two 6. Appoints the City Administrator as agent of the City to conduct all negotiations, execute and submit all documents including but not limited to applications, agreements, amend- ments, payment requests, and so on which may be necessary for the completion of the aforementioned project. 7. Certifies that said agency has adopted a park and recreation plan that includes the proposed project. 8. Certifies that said agency will provide local monies in the event that the project cost is more than the $35,638 allocated for the 1976 State Grant. 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: August 22, 1977 ATTEST: k44_�� M. L. WARDEN, City Clerk lc DALE C. MITCHELL M y6r RESOLUTION NO. 82-77 RESOLUTION SETTING THE TAX RATES AND APPORTIONMENTS FOR THE FISCAL YEAR 1977-78 T H E C I T Y C O U N C I L City of Morro Bay, California WHEREAS, the Final Budget of the City of Morro Bay for the Fiscal Year 1977-78 has been approved and adopted by Resolution No. 72-77 on August 8, 1977; 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 $65,244,506. NOW, THEREFORE, BE IT RESOLVED that the total tax rate on taxable property within the City of Morro Bay for the Fiscal Year 1977-78 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 Shelton and seconded by Council- man Brown the Morro Bay City Council hereby adopts the foregoing proposed resolution in its entirety on the following roll call vote: AYES: Councilmen Brown, Rowland, Shelton and Mayor Mitchell NOES: None ABSENT: Councilman Pipitone ADOPTED: August 22, 1977 DALE C. MITCH LL, ayoT-1 ATTEST: hlll_u�"" M. L. WARDEN, City Clerk RESOLUTION NO. 81-77 RESOLUTION APPROVING AGREEMENT WITH MORRO BAY CHAMBER OF COMMERCE FISCAL YEAR 1977-78 T H E C I T Y C O U N C I L City of Morro Bay, California The following resolution is hereby proposed: RESOLVED that the agreement by and between the City of Morro Bay and the Morro Bay Chamber of Commerce, a copy of which is attached hereto, is approved; and BE IT FURTHER RESOLVED that the Mayor and City Clerk be and are hereby authorized and directed to sign said agreement, upon execution of the same by the Morro Bay Chamber of Commerce. On motion by Councilman Rowland and seconded by Councilman Brown , the City Council of the City of Morro Bay hereby adopts in its entirety the foregoing proposed resolution on the following roll call vote: AYES: Councilmen Brown, Rowland and Mayor Mitchell NOES: Councilman Shelton ABSENT: Councilman Pipitone ADOPTED: August 22, 1977 DA E C. MITCHELL, Mayor ATTEST: M. L. WARDEN, City Clerk RESOLUTION NO. 80-77 RESOLUTION APPROVING AMENDMENT TO LEASE WITH FRANK CASAS AND TOM CASAS FOR LEASE SITE NO. 8 T H E C I T Y C O U N C I L City of Morro Bay, California WHEREAS, a request has been received from Frank Casas and Tom Casas as Tenants of Lease Site No. 8 to amend the permitted uses on said lease; and WHEREAS, it is in the public interest that approval of this request and approval of other provisions of said lease as specified by the Amendment to Lease for Lease Site No. 8 attached hereto as Exhibit A, be given by the City Council. NOW, THEREFORE, BE IT RESOLVED that consent is hereby given to the Amendment to Lease for Lease Site No. 8 attached hereto as Exhibit A. 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 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: August 22, 1977 DALE C E LL, Mayor ���GC./�,( ATTEST: M. L. Nk--e-�-DN, City Clerk RESOLUTION NO. 79-77 RESOLUTION APPROVING RENEWAL OF UNITED STATES COAST GUARD LEASE #DOT-CG12-4532 FOR THE PERIOD OCTOBER 1, 1977 THROUGH SEPTEMBER 30, 1978 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 July 1, 1974, 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, 1977, to and including September 30, 1978; 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 Rowland , the City Council of the City of Morro Bay hereby adopts the foregoing proposedresolution in its entirety on the following roll call vote: AYES: Councilmen Brown, Rowland, Shelton and Mayor Mitchell NOES: None ABSENT: Councilman Pipitone ADOPTED: August 22, 1977 DALE C. MIT ELL, Mayor rvww*31w M:/L WARDEN, City Clerk 0 RESOLUTION NO. 78-77 A RESOLUTION APPROVING THE NEED BASIS GRANT APPLICATION FOR GRANT FUNDS UNDER THE URBAN OPEN SPACE AND RECREATION PROGRAM T H E C I T Y C O U N C I L City of Morro Bay, California WHEREAS, the legislature of the State of California has enacted the Urban Open -Space and Recreation Program, which provides funds to certain political subdivisions of the State of California for acqui- ring lands and for developing facilities within urban areas to meet urban recreation needs; and WHEREAS, the State Department of Parks and Recreation has been delegated the responsibility for the administration of the program, setting up necessary procedures governing applications by local agen- cies 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 a certification that the applicant will comply with all federal, state, and local environ- mental, public health, relocation, affirmative action, and clear- inghouse requirements and all other appropriate codes, laws and regulations prior to the expenditure of the grant funds; and WHEREAS, the project applied for under this program must be of a high priority and satisfy the most urgent park and recreation needs with emphasis on unmet needs in the most heavily populated areas; NOW THEREFORE, BE IT RESOLVED that the City Council hereby: 1. Approves the filing of an application for Need Basis Grant funding under the Urban Open -Space and Recreation Program; and 2. Certifies that said agency understands the general provisions of the agreement; and 3. Certifies that said agency has or will have available prior to commencement of any work on the project included in this application, matching money from a non -state source; and 4. Certifies that the project included in this application conforms to the recreation element of the applicable city general plan; and 5. Appoints the City Administrator as agent of the City of Morro Bay to conduct all negotiations, execute and submit all docu- ments including but not limited to applications, agreements, amendments, payment requests, and so on which may be necessary for the completion of the aforementioned project. 0 RESOLUTION NO, 78-77 Page 2 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 and Shelton NOES: None ABSENT: Mayor Mitchell ADOPTED: August 8, 1977 �-DONALD_H__ BROWN-,_Mayor)Pro Tem ATTEST: 2e-jle-4__ M. L. WARDEN, City Clerk 0 0 RESOLUTION NO. 77-77. RESOLUTION RESCINDING RESOLUTION NO.82-72 WHICH ESTABLISHED WATER RATES AND A DEPOSIT CHARGE AND ESTABLISHING NEW MINIMUM WATER RATES T H E C I T Y C O U N C I L City of Morro Bay, California The City Council of the City of Morro Bay does resolve as follows: 1. That Resolution No. 82-72 establishing rates for water service is hereby rescinded. 2. The rates to be charged and collected by the Water Department every two months for all regular service shall be in accordance with the following schedule: a. Minimum charge for the Inside City Outside City first 400 cuft or less $2.00 $4.00 b. Water used in excess of 400 cuft Inside City Outside City $ .50 per $1.00 per 100 cuft 100 cuft 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 NOES: None ABSENT: Mayor Mitchell ADOPTED: August 8, 1977 DONALD H. BROWN, Mayor Pro Tem ATTEST: MU,rRAY/L. WARDEN, City Clerk • "j* RESOLUTION N0. 76-77 RESOLUTION AUTHORIZING CHANGE IN WATER SERVICE CONNECTION CHARGES T H E C I T Y C O U N C I L City of Morro Bay, California The City Council of the City of Morro Bay does resolve as follows: SECTION 1. Resolution No. 61-72 is hereby rescinded. SECTION 2. The rates which the City of Morro Bay will charge for new water service connections will be in accordance with the following schedule: 1. For the installation of a 3/4" service connection with a 5/8" x 3/4" meter - $210.00 2. For the installation of a 1" service connection - $315.00 3. For the installation of a 1 1/2" service connection - $500.00 4. For the installation of a 2" service connection - $675.00 5. For all installations outside the corporate limits of the City will be double the rates quoted herein. 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, Pipitone, Rowland and Shelton NOES: None ABSENT: Mayor Mitchell ADOPTED: August 8, 1977 DONALD_ H_ BROWN,..Mavor -Pro Tem ATTEST: 0 MOZRAYARDEN, City Clerk RESOLUTION NO. 75-77 A RESOLUTION ESTABLISHING A SEWER USE CHARGE T H E C I T Y C O U N C I L City of Morro Bay, California WHEREAS, the City seeks to continue to provide for a properly functioning wastewater collection and treatment system complying with U. S. Environmental Protection Agency and State Water Quality Control Board requirements; and WHEREAS, it is necessary to provide additional funds to supplement the general taxes for financing construction, maintenance and operation of the sewage collection, treatment, and disposal facilities of the City; NOW, THEREFORE, BE IT RESOLVED that the City of Morro Bay does hereby establish a sewer use charge of thirty-eight cents (.38G) per 100 cubic feet of metered water consumption; and BE IT FURTHER RESOLVED that users not receiving City water service, but having a sewer connection, shall be required to install a sewage flow measuring device and shall pay fifty cents (.50C) per 100 cubic feet of metered sewage flow. On motion of Councilman Pipitone and seconded by Councilman Brown the Morro Bay City Council hereby adopts the foregoing resolution in its entirety by the following roll call vote: AYES: Councilmen Brown, Pipitone, and Rowland NOES: Councilman Shelton ABSENT: Mayor Mitchell ADOPTED: August 8, 1977 i7` /rD�. ss �L� .N rL L .DONALDIH. BROWN, Mayor Pro Tem ATTEST: NMzLzj6�r MU RAY . WARDEN, City Clerk 0 0 RESOLUTION NO. 74-77 RESOLUTION ESTABLISHING WATER AND SEWER AVAILABILITY CHARGES T H E C I T Y C O U N C I L City of Morro Bay, California WHEREAS, Ordinance No. 155 establishes water and sewer availability charges, and WHEREAS, Ordinance No. 155 requires the City Council to establish rates, NOW, THEREFORE, BE IT RESOLVED that water and sewer avail- ability charges for new construction requiring water and sewer service shall be as follows: In accordance with Ordinance No.155 of the City of Morro Bay, water and sewer availability charges are hereby established for the following category of uses: Water Sewer Single family dwelling $355.00 $335.00 Duplex (per unit) 355.00 335.00 Apartments (per unit) 355.00 335.00 Condominiums (per unit) 355.00 335.00 Motels (per unit) 355.00 335.00 Mobile Home Parks (per space) 355.00 335.00 All other categories of new construction requiring water and sewer service shall pay a water and sewer availability charge based upon their water equivalency as established by Ordinance No. 152. The water availability charge shall be the water equivalency of each installation multiplied by $355.00, but shall not be less than $355.00. The sewer availability charge shall be the water equivalency of each installation multiplied by $335.00, but shall not be less than $335.00. For any use which does not have a water equivalency established by Ordinance No. 152, the water equivalency shall be based upon an evaluation of the potential water usage as determined by the Director of Public Works. The water and sewer availability charge shall be due and payable prior to the issuance of a building permit. On motion by Councilman Shelton 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 NOES: None ABSENT: Mayor Mitchell ADOPTED: August 8, 1977 DONALD H..BROWN, Mayor Pro Tem ATTEST: MURR},Y L. iWARDEN, City Clbrk i 0 RESOLUTION NO. 73-77 RESOLUTION AUTHORIZING GRANTING OF LEASE AND ADDENDUM THERETO TO GLADYS WALTON HERBEL FOR LEASE SITE NO. 34W 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 Gladys Walton Herbel regarding the leasing of Lease Site No. 34W; and WHEREAS, it is in the public interest that a lease be granted to Ms. Herbel for said Lease Site No. 34W for the purposes, terms and upon payment of rentals as specified in said lease and Addendum thereto; and WHEREAS, the original of said lease and Addendum thereto 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 and Addendum attached thereto with Gladys Walton Herbel concerning Lease Site No. 34W; 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 Brown , 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 Rowland NOES: Councilman Shelton ABSENT: Mayor Mitchell ADOPTED: August 8, 1977 DONALD H. BROWN, Mayor Pro Tem ATTEST: Al�� M. L. WARDEN, City Clerk 0 RESOLUTION NO. 72-77 RESOLUTION APPROVING AND ADOPTING A BUDGET FOR THE FISCAL YEAR 1977-78 T H E C I T Y C O 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 1977-78", is hereby approved and adopted as the Final Budget for Expenditures for the City of Morro Bay for the Fiscal Year 1977-78. 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, Pipitone, Rowland and Shelton NOES: None ABSENT: Mayor Mitchell ADOPTED: August 8, 1977 DONALD H. BROWN, Mayor Pro Tem ATTEST: *4� M. L. WARDEN, City Clerk RESOLUTION NO. 71-77 RESOLUTION APPROVING GRANT OF USE PERMIT TO BAHA'I GROUP OF MORRO BAY 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 Baha'i Group of Morro Bay, 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 Rowland 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 NOES: None ABSENT: Mayor Mitchell ADOPTED: August 8, 1977 <DONALD_H_,BROWN,, Mayor_Pro Tem ATTEST: k0j----- M. L.'ARDEN, City Clerk RESOLUTION NO. 70-77 RESOLUTION DIRECTING THAT THE UNPAID CHARGES FOR WEED ABATEMENT BE FORWARDED TO THE COUNTY AUDITOR FOR INCLUSION ON THE 1977-78 TAX ROLLS T H E C I T Y C O U N C I L City of Morro Bay, California WHEREAS, Chapter 8.12 of Title 8 of the Morro Bay Municipal Code provides for the abatement of weeds and other nuisances hazardous to the public health, welfare and safety; and WHEREAS, the City of Morro Bay has conducted its annual weed abatement program whereby it complied with the sections of the above mentioned ordinance dealing with the notification to remove weeds and the removal of such; and WHEREAS, Section 8.12.120 of Chapter 8.12 of Title 8 of the Morro Bay Municipal Code provides for the cost of abate- ment; and WHEREAS, said Section provides that such charges shall constitute 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 inclusion on the 1977-78 tax rolls. On motion by Councilman Rowland and seconded by Council- man 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 NOES: None ABSENT: Mayor Mitchell ADOPTED: August 8, 1977 DONALD H. BROWN, Mayor Pro Tem ATTEST: WARDEN, City CDerk RESOLUTION NO. 69-77 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 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 NOES: None ABSENT: Mayor Mitchell ADOPTED: August 8, 1977 DONALD'�H. BROWN, Mayor Pro Tem ATTEST: wo-lts- M: L. WARDEN, City Clerk RESOLUTION NO. 68-77 RESOLUTION APPROVING APPLICATION FOR PERMIT TO OPERATE WATER WELL #16 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 developed a new water well identified as Well #16, State I.D. No. T29S/RllE/S32-J9 as a ground water source for municipal uses; and WHEREAS, the State of California Department of Health requires that the City Council adopt a resolution authorizing and directing the City Administrator to prepare the necessary data and to sign and file an application in the name of the City for permit to use said well. NOW, THEREFORE, BE IT RESOLVED that the City Council does hereby authorize and direct the City Administrator to perform those functions necessary to secure a State of California Department of Health permit for the operation of Well #16, State I.D. No. T29S/RllE/S32-J9; and BE IT FURTHER RESOLVED that that document entitled "State of California, Department of Health, Certified Copy of Resolution" identified and attached hereto as Exhibit A is hereby adopted by reference. On motion by Councilman Rowland 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 NOES: None ABSENT: Mayor Mitchell ADOPTED: July 25, 1977 DONALD H. BROWN, Mayor. Pro Tem ATTEST: ........... W. L. WARDEN, City Clerk RESOLUTION NO. 67-77 RESOLUTION SETTING PERMIT FEES FOR CHAPTER 14.16 OF THE MORRO BAY MUNICIPAL CODE T H E C I T Y C O U N C I L City of Morro Bay, California WHEREAS, Section 14.12.080 of Chapter 14.12 of the Morro Bay Municipal Code provides that the City Council shall, by resolution, set permit fees for Chapter 14.16: NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay that the penalty fee for commencing any work for which a permit is required without first having obtained a permit therefore shall, if subsequently granted to obtain a permit, pay an additional fee equal to $100.00 plus an amount equal to double the permit fee, for such work provided that this provision shall not apply to emergency work when it shall be proved to the satisfaction of the Chief Building Inspector that such work was urgently necessary and that it was not practical to obtain a permit therefore before the commencement of work. In all such cases, a permit must be obtained as soon as it is practical to do so, and if there be an unreasonable delay in obtaining such a permit a penalty as herein provided shall be charged. BE IT FURTHER RESOLVED that said penalty fee shall remain in effect until such times as it shall be amended by resolution of the City Council 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, Shelton and Mayor Mitchell NOES: None ABSENT: None ADOPTED July 11, 1977 DALE C. MITCHELL, Mayor ATTEST: ALe� MU Y LWARDEN, City Clerk RESOLUTION NO. 66-77 RESOLUTION APPROVING AND ADOPTING AN INTERIM BUDGET FOR THE FISCAL YEAR 1977-78 T H E C I T Y C O 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 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 "Interim Budget, City of Morro Bay, Fiscal Year 1977-78", dated July 11, 1977, is hereby adopted as an interim budget for the City of Morro Bay for Fiscal Year 1977-78 pending final adoption of the Reserve Program and allocation of Revenue Sharing Funds. 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: July 11, 1977 v DALE C. MIT H LL, Mayor ATTEST: M. WARDEN, City Clerk RESOLUTION NO. 65-77 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 The following resolution is hereby proposed: RESOLVED, that the City of Morro Bay has adopted Ordinance No. 21, dated March 23, 1965, which requires a plan of compensation for City Employees. BE IT FURTHER RESOLVED that all previous resolutions establishing salary ranges which are in conflict herewith are superseded and the following sections enacted for the 1977/78 Fiscal Year: SECTION 1. Salary Ranges. The following salary ranges are adopted and applied to the positions indicated: Range 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 39. Resolution,No. 65=77 Page Two SALARY RANGES AND STEP SCHEDULE FOR GENERAL AND MISCELLANEOUS EMPLOYEES WITHIN CLASSIFICATION PLAN Hrly Rate $3.400 3.466 3.603 3.715 3.800 3.898 3.997 4.127 4.226 4.363 4.481 4.618 4.736 4.879 5.024 5.143 5.294 5.417 5.575 5.731 5.896 6.086 6.270 6.446 6.603 6.787 6.996 7.199 7.410 7.613 7.822 8/024 8.241 8.483 8.720 8.250 1 'Nrml . Hire Rate $272.00 277.27 288.27 297.17 304.00 311.85 319.72 330.17 338.07 349.00 358.46 369.42 378.85 390.38 401.92 411.42 423.54 433.38 446.00 458.50 471.65 486.88 •501.58 515.65 528.27 542.96 559.69 575.92 592.77 -609.04 625.77 641.88 659.31 678.65 697.57 First INcty Rate $288.27 297.17 304.00 311.85 319.72 330.17 338.07 349.00' 358.46 369.42 378.85 390.38 401.92 411.42 423.54 433.38 446.00 458.50 471.65 486.88 501.58 515.65 528.27 542.96 559.69 575.92 592.77 609.04 625.77 641.88 659.31 678.65 697.57 Full Qualf. Rate $304.00 311.85 319.72 330.17 338.07 349.00 358.46 369.42 378.85 390.38 401.92 411.42 423.54 433.38 446.00 458.50 471.65 486.88 501.58 515.65 528.27 542.96 559.69 575.92 592.77 609.04 625.77 641.88 659.31 678.65 697.57 SALARY RANGE AND STEP SCHEDULE FOR DEPARTMENT HEADS 659.96 698.42 737.84 4 5 Abv. Otsdg. Aver. Perf. Rate Rate $319.72 $338.07 330.17 349.00 338.07 358.46 349.00 369.42 358.46 378.85 369.42 390.38 378.85 401.92 390.38 411.42 401.92 423.54 411.42 433.38 423.54 446.00 433.38 458.50 446.00 471.75 458.50 486.88 471.65 501.58 486.88 515.65 501.58 528.27 515.65 542.96 528.27 559.69 542.96 575.92 559.69 592.77 575.92 609.04 592.77 625.77 609.04 641.88 625.77 659.31 641.88 678.65 659.31 697.57 678.65 697.57 780.96 825.62 9 Resolution No. 65-77 Page Three SALARY RANGES AND STEP SCHEDULE FOR POLICE EMPLOYEES WITHIN --.CLASSIFICATION PLAN 1 2 3 4 5 Nrml. F1rt Full A-E-v-. Ot�. Hrly,. Hire Inctv. Qualf. Avg. Perf. Range Rate Rate Rate Rate Rate Rate 20 $4.939 $395.14 $416.24 $438.41 $463.67 $493.00 21 5.055 404.38 426.04 450.62 478.54 506.92 22 5.203 416.27 438.41 463.67 493.00 519.28 23 5.325 426.04 450.62 478.54 506.92 533.69 24 5.479 438.41 463.67 493.00 519.28 550.23 25 5.633 450.62 478.54 506.92 533.69 566.15 26 5.795 463.67 493.00 519.28 550.23 582.69 27 5.982 478.54 506.92 533.69 566.15 598.62 28. 6.162 493.00 519.28 550.23 582.69 615.15 29 6.336 506.92 533.69 566.15 598.62 631.08 30 6.491 519.28 550.23 582.69 615.15 648.12 31 6.671 533.69 566.15 598.62 631.08 667.15 32 6.878 550.23 582.69 615.15 648.12 685.69 7.077 566.15 598.62 631.08 667.15 7.284 582.69 615.15 648.12 685.69 7.482 598.62 631.08 667.15 7.689 615.15 648.12 685.69 7.888 631.08 667.15 8.101 648.12 685.69 8.339 667.15 8.571 685.69 SALARY RANGES AND STEP SCHEDULE FOR FIRE EMPLOYEES WITHIN CLASSIFICATION PLAN 20 $.4.959 $396.72 $418.00 $440.19 $465.58 $495.08 21 5.076 406.07 427.77 452.57 480.57 509.00 22 5.225 418.00 440.19 465.58 495.08 521.35 23 5.347 427.77 452.57 480.57 509.00 535.84 24 5.502 .440.19 465.58 495.08 521.35 552.46 25 5.657 452.57 480.57 509.00 535.84 568.46 26 5.820 465.58 495.08 521.35 552.46 585.07 27 6.007 480.57 509.00 535.84 568.46 601.07 28 6.188 495.08 521.35 552.46 585.07 617.69 29 6.362 509.00 535.84 568.46 601.07 633.69 30 6.517 521.35 552.46 585.07 617.69 650.77 31 6.698 535.84 568.46 601.07 633.69 669.85 32 6.906 552.46 585.07 617.69 650.77 688.46 7.106 568.46 601.07 633.69 669.85 7.313 585.07 617.69 650.77 688.46 7.513 601.07 633.69 669.85 7.721 617.69 650.77 688.46 7.921 633.69 669.85 8.135 650.77 688.46 8.373 669.85 8.606 688.46 Resolution No. 65-77 Page Four SECTION 2. Classifications and Ranges. The classes of positions shall each have the monthly sa ary 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 Engineering Aide 18 Public Works and Related Classes Maintenance Supervisor 29 Water Quality Control Superintendent 29 Chief Harbor Patrol Officer 27 Maintenance Leadworker 21 Wastewater Treatment Plant Operator II 21 Harbor Patrol Officer 21 Maintenance Worker III 19 Mechanic 19 Wastewater Treatment Plant Operator I 18 Maintenance Worker II 17 Maintenance Custodian 15 Maintenance Worker I 13 Police and Fire Classes Police Sergeant 29 Fire Captain 29 Investigator 26 Police Juvenile Officer 26 Police Officer 24 Fire Engineer 24 Fire Fighter 22 SECTION 3. Rules Governing Step Increases A. The following Pules 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 Resolution No. 65� • Page Five 11 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 of 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 ap- proval 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, porvided the advancement is recommended by the department head and approved by the Administrative Officer. B. In applying the above rules, the next step increase shall be granted, other conditions being met, on the following basis: (1) For those having an anniversary date on the first of the month, the increase shall be effective that date. (2) For those having an anniversary date on the second of the month or later, the increase shall be effective the first day of the following month. C. Probationary period of 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, which- ever applies to the position at which employee is hired, regardless of the hiring step, shall be considered as a probationary period. SECTION 4. Schedule of Salaries for Em to ees Positions Not Included in the Positions Classification Plan A, Appointed Officers City Clerk $ 1.00 per month City Treasurer 1.00 per month City Administrator 2138.40 per month Resolution No. 65-77 Page Six B. Miscellaneous Employee Classificat'ons Part-time Help School Crossing Guard $ 2.80 per hour Extra Help Minimum hourly rate for classification Summer - Temporary Help Recreation Coordinator $ 3.52 per hour Recreation Specialist (Sr.Cit.) 3.04 per hour Recreation Spec. (Tiny Tots) 2.94 per hour Recreation Leader 2.94 per hour Lifeguard 3.04 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. On motion by Councilman Brown and seconded by Councilman Rowland , the City Council of the City of Morro Bay hereby adopts the foregoing proposed resolution in its en- tirety on the following roll call vote: AYES: Councilmen Brown, Pipitone, Rowland, Shelton and Mayor Mitchell NOES: None ABSENT: None ADOPTED: July 11, 1977 (OAc e bALE C. MITCHELL, MAYOR ATTEST: M. L. WARDEN, City Cler RESOLUTION NO. 64-77 RESOLUTION APPROVING AGREEMENT, WITH SAN LUIS OBISPO COUNTY HOTLINE, INC. T H E C I T Y C O U N C I L City of Morro Bay, California The following resolution is hereby proposed: RESOLVED that the agreement by and between the City of Morro Bay and San Luis Obispo County Hotline, Inc., a copy of which is attached hereto, is approved; and BE IT FURTHER RESOLVED that the Mayor and City Clerk be and are hereby authorized and directed to sign said agreement, upon execution of same by the San Luis Obispo County Hotline, Inc. On motion by Councilman Brown and seconded by Councilman Rowland , 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: July 11, 1977 eo ' LIZ D LE C. MI CH LL, Mayor ATTEST: M. L. WARDEN, City Clerk 0 RESOLUTION NO. 63-77 RESOLUTION AMENDING PROCEDURES AND GUIDELINES GOVERNING THE ENVIRONMENTAL IMPACT REPORTS T H E C I T Y C O U N C I L City of Morro Bay, California WHEREAS, amended procedures and guidelines governing Environmental Impact Reports have been adopted by the City Council of the City of Morro Bay by Resolution No. 22-74 in accordance with State mandated regulations; and WHEREAS, certain modifications for handling Environmental Impact Reports appear necessary in order to avoid unnecessary delay in processing said reports; and WHEREAS, it is in the best interest of the public that the City Council of the City of Morro Bay adopt these modified pro- cedures and guidelines for processing Environmental Impact reports: NOW, THEREFORE, BE IT RESOLVED that the City Council does approve and adopt the amended procedures and guidelines attached hereto; On motion by Councilman Brown and seconded by Councilman Rowland , 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: June 27, 1977 DALE C. MIELL, Mayor ATTEST: M. L. RDEN, City Jerk 9 ARTICLE IV. GENERAL RESPONSIBILITIES 4001. City Council: It is the responsibility of the City Council to insure that all City departments, agencies, and employees comply with the requirements of CEQA and of the Secretary of Resources in accordance with the procedures contained herein. Whether the City prepares an EIR itself or contracts for its preparation, the City is responsible entirely for the adequacy and objectivity of the EIR. 4002. Multi -Agency Projects: Where a project is to be carried out or approved by more than one City agency, only one EIR or Negative Declaration shall be required, and it will be prepared by the Lead Agency designated by the City Council. 4003. Limitations on Local Responsible Agencies. In applying the duty to mitigate or avoid significant effects on the environment whenever it is feasible to do so, the scope of concern of a local agency which is functioning as a Lead Agency shall differ from that of a local agency which is functioning as a Responsible Agency. A local agency functioning as a Lead Agency shall consider the significant effects, both individual and cumulative, of all activities involved in the project. A local agency functioning as a Responsible Agency shall have responsibility for considering only the significant effects of those activities, which it is required by law to carry out or approve that are involved in a project for which a Lead Agency has prepared an E.I.R. ARTICLE_ V. RETROACTIVE APPLICATION 5001. An uncompleted City project approved prior to November 23, 1970, shall not require an EIR or a Negative Declaration unless: (a) A substantial portion of public funds allocated for the project have not been spent, and the project may still be modified to mitigate adverse environmental effects or alternatives may be selected, including the alternative of "no project" or stopping the project. (b) A modification to the planned project is proposed which may produce a new, significant effect on the environment. When a project is to proceed through more than one decision - making entity, the EIR may be the subject of public comment as is any other aspect of the project; and at any public hearing, both the EIR and the project must be considered. Summaries of pertinent public comment at any hearing shall be appended to the EIR by the Coordinator, accompanied by any rebuttal provided by a City department or applicant, before the project proceeds to another approving entity. During all stages of project review, the reviewer shall focus on the sufficiency of the EIR in discussing possible impacts on the environment, the ways in which adverse effects might be minimized, and possible alternatives to the project. 8006. Consideration of Draft Environmental Impact Report: During the course of project review, the Planning Commission may, in accordance with these guidelines, impose conditions or alternatives relating to consideration of the EIR or may require that additional information be furnished. 8007. Complete and Adequate Report: At the time of final project approval, the Planning Commission shall consider the completeness and adequacy of the EIR in accordance with these guidelines. A complete EIR involves at least, but is not limited to, seven elements: - 4 - 0 Impact Unavoidable effects Mitigation effects Alternatives Short term versus long term effects Irreversible changes Growth inducing impact Limitations on Discussion of Environmental Impact. The information required by subsections (e) and (f) of Section 15143 need be included only in EIRs prepared in connection with any of the following activities: (a) The adoption, amendment, or enactment of a plan, policy, or ordinance of a public agency. (b) The adoption by a local agency formation commission of a resolution making determinations. (c) A project which will be subject to the requirement for preparing an environmental impact statement pursuant to the requirements of the National Environmental Policy Act of 1969. 8007.5 Findings. (a) No public agency shall approve or carry out a project for which an environmental impact report has been completed which identifies one or more significant effects of the project unless the public agency makes one or more of the following written findings for each of those significant effects, accompanied by a statement of the facts supporting each finding. (1) Changes or alterations have been required in, or incorporated into, the project which mitigate or avoid the significant environmental effects thereof as identified in the final EIR. (2) Such changes or alterations are within the responsibility and jurisdiction of another public agency and not the agency making the finding. Such changes have been adopted by such other agency or can and should be adopted by such other agency. (3) Specific economic, social, or other considerations make infeasible the mitigation measures or project alternatives identified in the final EIR. (b). The findings required by subsection (a) shall be supported by substantial evidence in the record. (c) The finding in subsection (a) (2) shall not be made if the agency making the finding has concurrent jurisdiction with another agency to deal with identified feasible mitigation measures or alternatives. 8008. Planning Commission Action on Environmental Impact Report: If the Planning Commission finds that the Report is adequate and complete, the Planning Commission shall then determine, on the basis of the EIR, the facts presented and these guidelines whether or not,'in light of the 0 effects of the project, the project should be: (a) Approved. (b) Denied. (c) Whether or not alternatives or mitigating conditions should be required to mitigate adverse environmental effects. The Planning Commission may take the foregoing action during the course of the project approval; it shall take final action at the time of final project approval. 8009. Appeal to Council: Any action of the Planning Commission in connection with these procedures may be appealed by the applicant, or any other person, to the City Council as provided in Morro Bay Zoning Ordinance Section 5110.11. On appeal, the City Council shall have the power to reverse, affirm or modify the decision of the Planning Commission; shall have the right to grant or deny the project; and shall have the right to require additional alternative or mitigating conditions to mitigate the environmental impact of the project. 8010. Final Decision: When a final decision is made on a project, the final decision shall be made on the EIR and the Coordinator shall file a Notice of Determination with the County Clerk. This notice shall include the decision on the project, the determination as to whether the project will or will not have a significant effect on the environment, and whether an EIR was prepared pursuant to the provisions of CEOA, a copy of any Negative Declaration prepared shall be attached to the Notice of Determination. SOLUTION NO. 62-77 • RESOLUTION ACCEPTING WORK AND GIVING NOTICE OF COMPLETION FOR CONSTRUCTION OF BOONE SITE WELL NO. 16 JOB NO. PW76-014-36 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 March 28, 1977 award a contract for Construction of a Hydraulic Rotary -Drilled Gravel -Envelope Water Well, Job No. PW76-014-36, to Floyd V. Wells, Inc., P. 0. Box 1007, Santa Maria, California, 93454; 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 day of 1977, 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 Rowland , 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: June 27, 1977 zr vv"�" DALE C. MITC ELL, Mayor ATTEST: M.WARDEN, City Clerk F-1 CERTIFICATION OF COMPLETION G. The undersigned hereby certifies that the Boone Site Well No. 16 (Project No. PW76-014-36) constructed by Floyd V. Wells, 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. Date: June 17, 1977 0 GEORGE . 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 Construction of the Boone Site Well No. 16 (Job No. PW76-014-36) has been completed by Floyd V. Wells, Inc. and that said work was accepted as completed on June 17, 1977, by the Morro Bay City Council by the adoption of Resolution No. 62-77 dated June 27, 1977. M.'L. WARDEN, City Clerk City of Morro Bay, California The undersigned hereby deposes and says: That he is the City Clerk of the City of Morro Bay, San Luis Obispo County, California; that he has read the foregoing notice and knows the contents thereof; that the same is true of his own knowledge. I declare the foregoing to be true under penalty of perjury. Executed at Morro Bay, California, this 29th day of_June,1977. M. L:.WARDEN, City Clerk a RESOLUTION NO. 61-77 RESOLUTION APPROVING GRANT OF USE PERMIT AGREEMENT TO FRIENDS OF ROANDOAK 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 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 Rowland , 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: June 27, 1977 ATTEST: ALft�j� . WARDEN, City C rk 1 11 USE PERMIT AGREEMENT 2 The City of Morro Bay, a municipal corporation of the State 3 1 of California (hereinafter called CITY) hereby grants to Friends 4 11of Roandoak (hereinafter called PERMITTEE) the right to use, on 5 Ilthe terms and conditions hereinafter set forth, that property of 6 11the City of Morro Bay, located within the County of San Luis 7 110bispo, State of California, and described as follows: 8 9 11 Use of City Property described as "Boone 10 11 Ranch Wellsite", as shown on attached map 11 11 marked Exhibit "A", and pursuant to the 12 II conditions and restrictions set forth below. 13 11 1. Whenever the term "City" is used in this document it re- 14 1Ifers to the City of Morro Bay and whenever the term "Permittee" is 15 llused it refers to the party proposing to use the subject property. 16 2. Subject property is situated adjacent to Chorro Creek 17 Road approximately one (1) mile southeast of Morro Bay and consis 18 of approximately five (5) acres of undeveloped land except for 19 City Well No. 12, including electrical lines and underground pipe 20 line. 21 11 3. The term of this Use Permit shall be from July 1, 1977, 22 and including June 30, 1978. Lease may be renewed on a year to 23 Ito year basis subject to the conditions set forth herein and willing- 24 of CITY to negotiate an extension. 25 Iness 4. As consideration for the rights and privileges granted 26 11to PERMITTEE hereto, PERMITTEE shall,pay to CITY the sum of One 27 IlHundred Twenty Dollars ($120.00) during the term of this agree- 28 ment. The sum of Sixty Dollars ($60.00) shall be due and payable 29 on July 1, 1977,and the sum of Sixty Dollars ($60.00) shall be due 30 and payable on January 1, 1978. 31 11 5. Uses contemplated under this lease proposal are grazing 32 11of livestock, dry crop production, or recreational activities. -2- 1 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 not be used for the storage of 5 material of any nature and PERMITTEE agrees to maintain the pro- 6 perty so as to present a neat and orderly appearance. 7 7. A fence shall be erected by PERMITTEE at his expense if 8 livestock are to be pastured in order to contain said livestock 9 within the confines of subject property. Fence shall become pro- 10 perty of CITY upon expiration of Use Permit. 11 B. PERMITTEE agrees to repair and maintain all fences, both 12 axisting and others which may be constructed, in such a condition 13 as to assure the containment of livestock within the confines of 14 5ubject property. 15 9. No irrigation will be permitted on the property. 16 10. No permanent structures of any kind shall be constructed 17 Py 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 ind 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 ihen it was originally received by PERMITTEE, reasonable wear 24 xcepted. 25 13. Use Permit shall be granted to PERMITTEE upon the express 26 onditions that PERMITTEE shall keep and hold the CITY free from 27 11 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 extension thereof or any occupancy or 32 se hereunder; PERMITTEE hereby covenanting and agreeing to in- r: -3- 1 demnify and save CITY harmless from all liability, loss, cost, any 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 at all reasonable hours to examine the same or to make such re- 6 pairs or temporary alterations as CITY shall, in its sole discre- 7 tion, desire. 8 15. PERMITTEE agrees to take out and keep in force during 9 the life hereof at PERMITTEE'S expense, liability insurance to 10 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 PERMITTEE 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. PERMITTEE agrees to provide whatever means are necessary 32 to prevent contamination of City Well No.. 12 or any other well 11 4 • 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17• 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 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: ATTEST: M. L. WARDEN, City Clerk DALE C. MITCHELL, LESSEE Dated POwE2. POLE CITY Or LAC, = iO BAY 0 o' COONE RANCH �dcLtt�. to❑ c' WALL SITE (P.4PT2o:; 5 a,Crze5) Li w 3 �l YJEL�- h'O. 9D V ^O � 2 0 ' . POWER `,�pL6 1 /�r kEtt rto. l2 �p F�n.n • 0 RESOLUTION NO. 60-77 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 agree- ment for and 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 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: June 27, 1977 / YNU.- 0,17 DALE C. MITCHELL, Mayor ATTEST: WARDEN, City C erk I USE PERMIT AGREEMENT NO. 120 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 Cit} 8 II and 9 11 WHEREAS, MORRO DUNES desires to obtain a renewable Use Permit 10 II from CITY for the land hereafter described: 11 11 NOW, THEREFORE, for valuable consideration, as herein set 12 forth, CITY hereby grants to MORRO DUNES the right 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 limits of CITY, and further described as follows: 16 All that property in the City of Morro Bay, County of San Luis Obispo, State of California 17 lying northerly of the center line of 67th Street and its westerly projection as shown 18 on Map of Atascadero Beach filed in Book 2. of Maps, at page 15, in the office of the 19 County Recorder of said county, described as follows: 20 Beginning at a point at the intersection of 21 the westerly projection of the center line of 67th Street with the southeasterly side of 22 Atascadero Road, thence north 81012' east to a point.1.12 feet easterly of the center line 23 of "C" Street, thence north 8028' west 160 feet more or less to a point on the south- 24 easterly side of Atascadero Road, thence along the southeasterly side of Atascadero Road 25 304 feet more or less to the point of beginning. 26 1. The term of this Use Permit Agreement shall be from 27 July 1, 1977 to and including June 30, 1978. 28 2. As consideration for the rights and privileges granted 29 to MORRO DUNES hereto, MORRO DUNES shall pay to CITY the sum..of 30 Four Hundred Dollars ($400.00) during the term of this Agreement. 31 The sum of Two hundred Dollars ($200.00) shall be due and payable 32 on July 1., 1977 and the sum of Two Hundred Dollars ($200.,00) 11 l 2 7 4 5 6i 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 shall be due and payable on January 1, 1978. In addition, the gross receipts from the rental derived from these premises shall be subject to the seven and one-half percent (7 1/2%) percentage rent payment described in paragraph two of the lease dated April 1 1967 between Central Coast Investors and the City of Morro Bay. 3. MORRO DUNES shall use the premises for the following purposes and no other: storage of travel trailers, mobile homes, boats, boat trailers, or campers customarily affixed to a pickup truck. None of such vehicles is to be occupied. 4. This permit may be terminated by CITY at any time at its option and without any liability to MORRO DUNES, on a date selecte by CITY no sooner than ten (10) days after written notice is maile to MORRO DUNES. On or before said date, MORRO DUNES shall peace- fully surrender possession to CITY. All property left on the pre- mises subsequent to the termination of this agreement shall auto- matically become the property of CITY. 5. MORRO DUNES shall keep the premises in good repair and shall surrender the premises to CITY at the expiration or termina- tion of this Agreement in as good condition as it was when it was originally received by MORRO DUNES from CITY. The premises shall not be altered or changed in any way by MORRO DUNES without the prior written approval of CITY; except, however, MORRO DUNES may surface a portion of the premises with red rock or any similar. material. Such surface shall be maintained in a reasonably dust - free condition. 6a. This agreement is granted to MORRO DUNES upon the express condition that MORRO DUNES 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 MORRO DUNES, or pro- perty of any kind whatsoever and to whomsoever belonging, includi.n( MORRO DUNES, from any cause or causes whatsoever during the term of this Agreement or any extension thereof or any occupancy or use -3- • 1 1Ihereunder; MORRO DUNES hereby covenanting and agreeing to indemnif 2 Hand save CITY harmless from all liability, loss, cost, and obliga- 3 1Itions on account of or arising out of any such injuries or losses 4 Ilhowsoever occurring. 5 11 6b. MORRO DUNES agrees to take out and keep in force during 6 11the life hereof at MORRO DUNES' expense, liability insurance to 7 11protect against any liability to any person or persons, including 8 1IMORRO DUNES, resulting from any occurrence in or about or With 9 11respect to the premises and related areas in the amount of Five 10 IIHundred Thousand Dollars ($500,000) against the claim of one (1) 11 11or more persons for injury to person with respect to each occur 12 and One Hundred Thousand Dollars ($100,000) against the claim of 13 one (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 11other persons, firms, or corporations as may be designated by CITY 17 IIIf MORRO DUNES does not keep such insurance in full force and 18 Ileffect, CITY may take out the necessary insurance and pay the 19 11premiums and the repayment thereof shall be paid by MORRO DUNES on 20 11the first day of the following month, or in the sole discretion of 21 IICITY, this agreement may be immediately terminated. MORRO DUNES 22 I1shall provide CITY with copies or certificates of all of said 23 policies, including endorsements which state that such insurance 24 shall 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 liability 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. 32 MORRO DUNES hereby waives any right of recovery against CITY for I " • -4 • 1 each such claim,. expense, liability, or business interruption. 2 7. MORRO DUNES shall pay all charges for all utilities, 3 including but not by way of limitation, electricity, gas, water, 4 and telephone which are used on or about the premises during the 5 term of this agreement. 6 8. It is mutually understood that an outfall sewer line 7 from the Morro Bay-Cayucos Wastewater Treatment Plant is located 8 under said property. CITY is given the privilege of right of 9 entry to its agents and employees at any time to inspect, maintain 10 repair, and replace said outfall line and appurtenances. In the 11 event of an emergency to said outfall line, CITY is given the 12 privilege of recapturing all of the above described property, 13 subject to this Use Permit; and making any.necessary repairs or 14 replacements CITY deems necessary or desirable. In the event of 15 such immediate entry, for said purposes, CITY may terminate this 16 Use Permit; and in such event only, any unearned rental shall be 17 promptly refunded by CITY to MORRO DUNES. 18 10. MORRO DUNES shall reimburse CITY for any and all 19 attorney's fees and expenses incurred by CITY in enforcing, per- 20 fecting, or protecting CITY's rights under this Agreement. 21 Date this day of 22 CITY OF MORRO BAY, a municipal corporation 23 24 25 DALE C. MITCHELL, Mayor ATTEST: 26 27 28 M. L. WARDEN, City Clerk MORRO DUNES TRAILER PARK AND CAMPGROUND, INC., a California 29 corporation 30 i PRESIDENT 31 32 SECRETARY RESOLUTION NO. 59-77 RESOLUTION APPROVING GRANT OF USE PERMIT AGREEMENT 115 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. 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 Rowland , 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: June 27, 1977 A ATTEST: hyalz,r,� M. RDEN, City Clerk I 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 Permit 10 from CITY for the land hereafter described: 11 NOW, THEREFORE, for valuable 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 limits 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 follows: 20. Beginning at the point of intersection of the center line of "C" Street and 67th Street 21 as shown on said map, thence.North 81112' East 136 feet; thence South 8°48' East 164 22 feet; thence South 81012' 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, 1977 to and including June 30, 1978. 28 2. As consideration for the rights and privileges granted 29 to MORRO DUNES hereto, MORRO DUNES shall pay to CITY the sum of. 30 Four Hundred Dollars ($400.00) during the term of this agreement. 31 The sum of• Two hundred Dollars ($200.00) shall be due and payable 32 on July 1, 1977 and the sum of Two Hundred Dollars ($200.00) shall 1 be due and payable on January 1, 1978. 2 3. MORRO DUNES shall use the premises for the following 3 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 selecte 8 by CITY no sooner than ten (10) days after written notice is maile 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 5. MORRO DUNES shall keep the premises in good repair and 14 shall surrender the premises to CITY at the expiration or termina- 15 tion of this agreement in as good condition as -it was when it was 16 originally received by MORRO DUNES from CITY. The premises shall 17 not be altered or changed in any way by MORRO DUNES without the 18 prior written approval of CITY; except, however, MORRO DUNES may 19 surface a portion of the premises with red rock or any similar 20 material. Such surface shall be maintained in a reasonably dust- 21 free condition. 22 6a. This agreement is granted to MORRO DUNES upon the expres 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, incl.udin 27 MORRO DUNES, from any cause of causes whatsoever during the term o 28 this agreement or any extension thereof or any occupancy or use 29 hereunder; MORRO DUNES hereby covenanting and agreeing to indemnif. 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. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 6b. MORRO DUNES agrees to take out and keep in force during the life hereof at MORRO DUNES' expense, liability insurance to protect against any liability to any person or persons, including MORRO DUNES, resulting from any occurrence in or about or with respect to the premises and related areas in the amount of $500,00 against the claim of one (1) or more persons for injury to person with respect to each occurrence and $100,000 against the claim of one (1) or more persons for property damage with respect to each occurrence. Said policies shall insure the liability of MORRO DUNES and the liability, contingent or otherwise, of CITY and such other.persons, firms or corporations as may be designated by CITY. If MORRO DUNES does not keep such insurance in full force and .. effect, CITY may take out the necessary insurance and pay the pre- miums and the repayment thereof shall be paid by MORRO DUNES on the first day of the following month, or in the sole discretion of CITY, this agreement may be immediately terminated. MORRO DUNES 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 policy shall be subject to the approval as to form and insurance company by CITY. 6c. Each insurance policy insuring MORRO DUNES against claim: expense, or liability for injury to person or property or for business interruption shall provide that the insurer shall not acquire by subrogation any right of recovery which MORRO DUNES has expressly waived in writing prior to the occurrence of the loss. MORRO DUNES hereby waives any right of recovery against CITY for 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 32 term of this agreement. I e i -4-, 61 1 8. CITY.shall have the right to enter the premises at all 2 reasonable hours to examine the same or to make such repairs or 3 alterations as CITY shall, in its sole discretion, desire. 4 9. MORRO DUNES shall reimburse CITY for any and all attorne, 5 fees and expenses incurred by CITY in enforcing, perfecting, or 6 protecting CITY's rights under this agreement. 7 Dated this day of 8 CITY OF MORRO BAY, a municipal corporation 9 10 11 DALE C. MITCHELL, Mayor 12 ATTEST: 13 14 M. L. WARDEN, City Clerk 15 MORRO DUNES TRAILER PARK AND 16 CAMPGROUND, INC., a California corporation 17 18 19 PRESIDENT 20 21 SECRETARY 22 23 24 25 26 27 28 29 30 31. 32 h's I RESOLUTION NO. 58-77 RESOLUTION APPROVING GRANT OF USE PERMIT AGREEMENT TO DEPARTMENT OF THE AIR FORCE, CAMBRIA 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 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 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, Pipitone, Rowland, Shelton and Mayor Mitchell NOES: None ABSENT: None ADOPTED: June 27, 1977 ATTEST: M. L. WARDEN, City Clerk 1 USE PERMIT AGREEMENT 2 3 The City of Morro Bay, a municipal corporation of the 4 State of!California (hereinafter called CITY) hereby grants to 5 Department of the Air Force, Cambria g (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 Lila Keiser Field 11 12 13 (hereinafter called SAID PROPERTY), 14 1. The right and privilege granted to PERMITTEE pursuant to 15 this Use Permit Agreement shall become effective between the hours 18 of 6:00 a.m. to 4:00 p.m. on July 27, 28 and-29, 1977. 17 18 2. PERMITTEE shall use SAID PROPERTY for the purpose of 19 26th Air Division Softball Tournament 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 111 condition as it was when it was originally received by PERMITTEE, 2 reasonable wear excepted. 3 4.a This Use Permit Agreement is granted to PERMITTEE 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 8 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 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 agrees to take out and keep in force during the 15 life hereof, at PERMITTEE'S expense, liability insurance to protect 18 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, contingent or otherwise, of CITY and such other persons, 23 firms or cor porations as may be designated by CITY. If PERMITTEE 24 does not keep such insurance in full force and effect, this Use 25 Permit Agreement may be immediately terminated. PERMITTEE shall 28 provide City with copies and certificates of all of said policies 27 including endorsements 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 4.c Any insurance policy insuring PERMITTEE against claims, 32 expense, or liability for injury or death to person or property in -2- I 4 . 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 or about SAID PROPERTY shall provide that the insurer shall not acquire by subrogation any right of recovery which PERMITTEE has expressly waived in writing prior to the occurrence of the loss. PERMITTEE hereby waives any right of recovery against CITY for any such claim, expense, or liability. S. FBFd!!TTHH shall pay l gnc nta=, and telephone ;high a-e used en er about S*1B i'REWEvRT 6. CITY shall have the right to enter upon SAID PROPERTY t all reasonable hours to examine the same or to make such repair r temporary alterations as CITY shall, in its sole discretion, esire. ted: CITY OF MORRO BAY DALE C. MITCHELL, Mayor PERMITTEE By_ Title Date RESOLUTION NO. 57-77 RESOLUTION WITHDRAWING THE APPLICATION FOR 1976 STATE PARK BOND FUNDS FOR THE DEVELOPMENT OF NIGHT LIGHTING AND PARKING LOT AT LILA KEISER PARK 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 25, 1977 adopt Resolution No. 34-77 which approved the 1976 State Grant Application; and WHEREAS, the State Department of Parks and Recreation has deter- mined that the City's grant application does not comply with criteria established in the enabling legislation; and WHEREAS, said procedures established by the State Department of Parks and Recreation require the applicant to withdraw by resolution the City's grant application since it was not accepted by the State. NOW, THEREFORE, BE IT RESOLVED that the City Council hereby; 1. Approves the withdrawal of the application for 1976 State Park Bond Funds. 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, Pipitone, Rowland, Shelton and Mayor Mitchell NOES: None ABSENT: None ADOPTED: June 27, 1977 ATTEST: In,, �/ 4 f, 4 M. L. DEN, City Clerk //kYJ,W/ DALE C. MITCHELL, Mayor RESOLUTION NO. RESOLUTION APPROVING JOINT POWERS AGREEMENT ESTABLISHING THE CENTRAL COAST SELF INSURANCE FUND 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 "Joint Powers Agreement Establishing the Central Coast Self Insurance Fund" by and between the Cities of Arroyo Grande, Grover City, Paso Robles, Pismo Beach, Morro.Bay,'and San Luis Obispo, a copy of which is attached hereto, is hereby approved by the Morro Bay City Council; 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 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, Shelton and Mayor Mitchell NOES: None ABSENT: None ADOPTED: June 13, 1977 ATTEST: KUIRrY L.IXARDEN, City Clerk D1 1�-r_ M�, Mayor RESOLUTION NO. 55-77 RESOLUTION OF NECESSITY FOR QUIET TITLE ACTION CITY OF MORRO BAY, SAN LUIS OBISPO COUNTY, CALIFORNIA THE CITY COUNCIL 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 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, Shelton and Mayor Mitchell NOES: None ABSENT: None ADOPTED: June 13, 1977 9 OA 4 L DALE PdITCHELL, Mayor ATMT�-. - WARD, ity CM L1eiT I f That property lying west of thu easterly line of the Grant to the County of San Map thereof fiI September 12, 1958, in is,*k 1 at Page 2 of Missal. laneous Maps, in the office of the Comity 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 describ- ed as follows: PARCEL 1: Beginning at the intersection of the north line of Olive Street with the easterly line of said Grantl thence westerly, along the westerly prolongation of the north line of Olive Street, a distance of 500 feett thence northerly, parallel with said Grant line, to the westerly prolongation of the south line of South Street; thence easterly along said prolongation of the south line of South Street, to said Grant line; thence southerly along said Grant line, to the point of beginning. PARCEL 2: Beginning at the intersection of the westerly prolon- gation of the southerly line of Lot 4, Block L, Cerrito Addition, as per map recorded March 14, 1888, with the said Grant line; thence westerly, along the westerly prolongation of the southerly line of said I.ot 4, a distance of 500 feet; thence northerly, parallel with said Grant line, to the westerly prolon- gation of the southerly line of Lot 3, Block L, of Cerrito Addition; thence easterly, along the westerly prolongation of the southerly line of said Lot 3, to said Grant line; thence southerly, along said Grant line, to the point of beginning. PA W,'EL 3: Beginning at the intersection of the westerly prolongation of the northerly line of Fig Street with said Grant line; thence westerly, along the westerly prolongation of the northerly line of Fig Street, a distance of 500 feet; thence northerly, parallel with said Grant line, to the westerly prolongation of the southerly line of Lot 8, Block L, Cerrito Addition as per map recorded March 14, 1888; thence easterly, along the westerly prolongation of the southerly line of said Lot 8, to said Grant line; thuncc southerly, along said Grant line, to the point of beginning. PARCEL. 4: beginning at the intersection of the westerly prolongation of the southerly line of Lot 13, Block N, Cerrito Addition, per map recorded March 14, 1888, with said Grant line; thence westerly, along the westerly prolongation of the southerly line of said Lot 13, a distance of 500 feet; thence northerly, parallel with said Grant line, to the westerly prolongation of the southerly line of. Fig Street; thence .:asturly, along the westerly prolongation of the southerly line of Fig Street, Lo the said Grant line; thence southerly, along said Grant line, to the point of beginning. PARCEL 5: beginning at the intersection of the westerly prolongation of the southerly line of Fig Street with said Grant lines thence westerly, along the westerly prolongation of southerly line of Fig Street, a distance of 500 feet; thence northerly, parallel with said Grant line, to t11e westerly prolongation of the northerly line of Fig Street; thence easterly along the westerly prolongation of the northerly line of Fig Street, to the said Grant line; thence southerly along said Grant line, to the point of beginning. .�.__...__ EXHIBIT A PARCEL 6: Beginning at the intersection of the westerly prolongation of the southerly line of Lot 3, Block L; Cerrito Addition, as per map recorded March 14, 1888, with the said Grant line; thence westerly, along the westerly prolongation of the southerly line of said Lot 3, a distance of 500 feet; thence northerly, parallel with said grant line, to the westerly prolongation of the northerly line of the parcel delineated on Record of Survey Map recorded September 12, 1961 in Book 11, page 99, Records of Survey, San Luis Obispo County records; thence easterly, along the westerly prolongation of the northerly line of said parcel, to the said Grant line; thence southerly, along said Grant line, to the point of beginning. PARCEL 7: Beginning at the intersection of the westerly prolongation of the southerly line of Lot 4, Block N, Cerrito Addition, as per map recorded March 14, 1888, with said Grant line; thence westerly, along the westerly prolongation of the southerly line of said Lot 4, a distance of 500 feet; thence northerly, parallel with said Grant line, to the westerly prolongation of the southerly line of Lot 13, Block N, Cerrito Addition; thence easterly, along the westerly prolongation of the southerly line of said Lot 13, to said Grant line; thence southerly, along said Grant line, to point of beginning. PARCEL 8: Beginning at the intersection of the westerly prolon- gation of the southerly line of Lot 4, Block N, Cerrito Addition, per map recorded March 14, 1888, with said Grant line; thence southerly, along said Grant line, to its intersection with the westerly projection of the northerly lire of Lot 1, Block 1, Morro Rock Park as shown on a map thereof recorded -March 4, 1924, in Volume 3 of Maps, Page 36, San Luis Obispo County Records; thence westerly, parallel with the westerly prolongation of the southerly line of Lot 4, Block N, Cerrito Addition, a distance of 500 feet; thence northerly, parallel with said Grant line, to the westerly prolongation of the southerly line of Lot 4, Block N, Cerrito Addition; thence easterly, along the westerly projection of the southerly line of said Lot 4, Block N, Cerrito Addition to the point of heginning. PARCEL 9: Beginning at the intersection of the westerly prolongation of the southerly line of Lot 8, Block L, Cerrito Addition, as per map recorded March 14, 1888, with the said Grant line; thence westerly, along the prolongation of the southerly line of said Lot 8, a distance of 500 feet; thence northerly, parallel with said Grant line, to the westerly prolongation of the southerly line of Lot 4, Block L, Cerrito Addition; thence easterly, along the westerly prolongation of the southerly line of said Lot 4, to the said Grant line; thence southerly, along said Grant line, to the point of beginning. PARCEL 10: Beginning at the intersection of the south line of Olive Street with the easterly line of said Grant; thence westerly, along the westerly prolongation of the south line of Olive Street, a distance of 500 feet; thence southerly, parallel with said Grant line, to the westerly prolongation of the northerly line of the parcel of land delineated on Record of Survey Map recorded Sept. 12, 1961 in Book 11, Page 99 Records of Survey, San Luis Obispo County Records; thence easterly, along the westerly prolongation of the northerly line of said parcel, to the said Grant line; thence northerly, along said Grant line, to the point of beginning. RESOLUTION NO. 54-77 RESOLUTION DESIGNATING THE COUNTY DIVISION OF ENVIRONMENTAL HEALTH AS THE ENFORCEMENT AGENCY FOR THE SOLID WASTE MANAGEMENT PLAN T H E C I T Y C O U N C I L City of Morro Bay, California WHEREAS, the Countv of San Luis Obispo and its incorpor- ated cities are required by Section 66796 of the Government Code to designate an enforcement agency to carry out the provisions of the Z'Berg-Kapiloff Solid Waste Control Act of 1976; and WHEREAS, the County Division of Environmental Health possesses the required capabilities in environmental health and solid waste management to implement the Z'Berg-Kapiloff Solid Waste Control Act of 1976 and the regulations and ordinances that have been and will be adopted pursuant thereto; and WHEREAS, the County Division of Environmental Health has been given sufficient personnel and an adequate budget to carry out the enforcement program specified by law; and WHEREAS, the San Luis Obispo County Solid Waste Management Plan provides for its implementation by the County Division of Environmental Health; and WHEREAS, the County and each city within the County of San Luis Obispo has designated or will designate its own en- forcement agency; NOW, THEREFORE, BE IT RESOLVED by this Council that it hereby designates the County Division of Environmental Health as the enforcement agency for the City of Morro Bay pursuant to subsection (a) (3) of Section 66796 of the Government Code. 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: Res. No. 54-77 Page Two AYES: Councilmen Brown, Pipitone, Rowland, Shelton and Mayor Mitchell NOES: None ABSENT: None ADOPTED: June 13, 1977 ATTEST: Ruppy L. WARDEN, City Clerk 0 RESOLUTION NO. 53-77 RESOLUTION CONCURRING IN THE COUNTY SOLID WASTE MANAGEMENT PLAN T H E C I T Y C O U N C I L City of Morro Bay, California WHEREAS, the Nejedly-Z'berg Dills Solid Waste Management and Resource Recovery Act of 1972 (hereafter referred to as the Act) requires each county in cooperation with affected local jurisdictions, to prepare a comprehensive, coordinated solid waste management plan; and WHEREAS, said Act also requires that such plan shall be consistent with state policy and any appropriate regional or sub -regional solid waste management plan; and WHEREAS, said Act also requires that the county solid waste management plan shall be subject to the approval by a majority of the cities within the county which contain a majority of the population of the incorporated area of the county; and WHEREAS, the County of San Luis Obispo has prepared a plan for solid waste management in conformance with the Act and on April 21, 1977, submitted said plan to this Council for approval; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Morro Bay has reviewed said plan and hereby specifically stipulates concurrance in the following: (a) the objectives set forth in the plan, (b) the method and organ- ization for implementation of the programs contained in the plan, (c) the procedures for financing the recommended solid waste management program, and (d) the role identified in the plan for the City in implementing this cooperative effort for management of solid waste in an economical and environmentally acceptable manner. 6 Res. No. 53-77 Page Two 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, Rowland, Shelton and Mayor Mitchell NOES: None ABSENT: None ADOPTED: June 13, 1977 IVT DALE C. MI CHE L, Mayor ATTEST: MURRAY L. ARDEN, City Clerk CJ • RESOLUTION NO. 52-77 RESOLUTION ACCEPTING EASEMENTS AND DIRECTING RECORDATION PONDEROSA STREET RIGHT OF WAY 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 those certain easements by and between certain grantors listed below and the City of Morro Bay, California, as granteegranting to the City a right of way for street purposes and for public utilities over, under and across a portion of Lot 18 of the Subdivisions of the Rancho Moro y Cayucos, in the County of San Luis Obispo, State of California, according to the map of said subdivision filed in the office of the County Recorder of said County, on September 28, 1875 in Book A, Page 160 of Maps. Said properties are shown as lots upon a map recorded June 20, 1950 in Book 5, Page 78 of Records of Surveys. Grantors Patrick N. Nagano, Atsuko N. Nagano, William H. Nagano, Mary Nagano and George K. Nagano Peter J. Burton and Irene J. Burton Richard A. Matejcek and Mary E. Matejcek Rosa G. Webber Clayton Edward Scovell and Ellen May Scovell Norman Boudreau and Joan Boudreau Lots Portion of 8, 9, 10 and 11 Portion of 26 Portion of 26 Portion of 26 Portion of 26 Portion of 26 are hereby accepted by the City Council of the City of Morro Bay; and BE IT FURTHER RESOLVED that the City Clerk be and is hereby directed to record said easements, together with a copy of this resolution, in the Office of the Recorder of the County of San Luis Obispo. Resolution No. 52-77 Page Two 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, Rowland, Shelton and Mayor Mitchell NOES: None ABSENT: None ADOPTED: D LE C. MITCHELL, Mayor ATTEST: M. L. WARDEN, City Clerk E Pi RESOLUTION NO. 51-77 RESOLUTION ACCEPTING DEED FROM THE COUNTY OF SAN LUIS OBISPO - "SPEEDWAY" PROPERTY T H E C I T Y C O U N C I L City of Morro Bay, California WHEREAS, the County of San Luis Obispo, a political sub- division and one of the counties of the State of California, has, by Board of Supervisors Resolution No. 77-315 dated May 2, 1977, transferred title to certain property within the City of Morro Bay to the City of Morro Bay, a municipal corporation; and WHEREAS, the public necessity requires ownership and control of said property by the City of Morro Bay in its daily operations; NOW, THEREFORE, BE IT 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, copy.pD 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 of Acceptance 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 Pipitone the Morro Bay City Council hereby adopts the foregoing resolution in its entirety by the following roll call vote: AYES: Councilmen Brown, Pipitone, Rowland, Shelton and Mayor Mitchell NOES: None ABSENT: None ADOPTED: June 13, 1977 �S�recc DALE C. MITC ^L , Mayor ATTEST: gY. WARDEN, City Cler IN THE BOARD OF SUPERVISORS COUNTY OAN LUIS OBISPO, STATE OF CA*-ORNIA tlon day-------l,:ay- 2........... 19_77 - ---- ------ PRESENT: Supervisors Hans Heilmann, 14. E. Villeford, Kurt P. Kupper Richard J. Frejsa, and Chairman Howarc; D. klanicins ABSENT: None RESOLUTION NO. 77-315 RESOLUTION TRANSFERRING TITLE TO CERTAIN PROPERTY WITHIN THE CITY OF MORRO BAY TO THE CITY OF MORRO BAY BY THE COUNTY OF SAN LUIS OBISPO The following resolution is hereby offered and read: WHEREAS, certain property within the City of Morro Bay which should have been transferred by the County to the City of Morro Bay upon its incorporation was inadvertently omitted from a list of properties conveyed to the City of Morro Bay pursuant to settlement of a lawsuit between the City of 14orro Bay and the County of San Luis Obispo, and WHEREAS, the City of Morro Bay has requested the County to convey title to said property to the City of Morro Bay, and WHEREAS, the Board of Supervisors has authority pursuant to Government Code Section 34332 to convey said property to the City of Morro Bay, and WHEREAS, the County Planning Commission has determined at its meeting of March 10, 1977, that transfer of said property to the City of Morro Bay is in conformity with the San Luis Obispo County General Plan, and WHEREAS, said property is surplus to the needs of the County of San Luis Obispo, and WHEREAS, it is in the public interest that said property be conveyed to the City of Morro Bay. NOW, THEREFORE, BE IT RESOLVED AND ORDERED by the Board of Supervisors of the County of San Luis Opipso, State of California, as follows: __ ._..... _ . 1. The property described in the copy of the quitclaim deed attached hereto as Exhibit "A" is surplus to the needs of DA/RJS:ks i co.0 the County and is hereby transferred to the City of Morro Bay pursuant to Covernment Code Section 34332. 2: Conveyance shall be by means of a quitclaim deed from the County of San Luis Obispo to the City of Fiorro Bay. 3. The Chairman of the Board of Supervisors be and he is hereby authorized and directed to execute the quitclaim deed necessary to convey this property pursuant to this Resolution. A copy of said quitclaim deed is attached hereto as Exhibit "A", and is incorporated herein by this reference. On motion of Supervisor Supervisor "M_llefartt Heil.m2rm , seconded by . and on the following roll call vote, to -wit: AYES: Siunervisora Idill.eford, Rar-•ner, Xrejsa, Chairman Mankins NOES. Vone ABSENT: Bone the foregoing resolution is hereby adopted. /a/ Howard D. ,iankins Chairman of the Board of Supervisors ATTEST: /s/ Misbeth Wollam erk of the Beard of Super'— visors STATE OF CALIFORNIA, County of San Luis Obispo, ss. 21ISBETH UOLI_---- -M ----- _ , 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 ------ day of ------ May ------------- 19_ 77 . (SEAL) MISBET11 [;iOLLAM County Clerk and Ex-Officio Clerk of the Board of Supervisors i QUITCLAIM DEED This indenture made this 2 day of May , 1977, between the County of San Luis Obispo, a political sub- division and one of the counties of the State of California, the party of the first part and hereinafter called "County", and the City of Morro Bay, the party of the second part: WITNESSETH: That the County, pursuant to Government Code Section 34332, does hereby release and forever quitclaim to the City of Morro Bay all its right, title and interest in and to the following described real property, situate in the City of Morro Bay, State of California, and more particularly described, as follows: That portion of "The Speedway" in the City of Morro Bay, County of San Luis Obispo, State of California, as shown on map recorded July 21, 1917, in Book 2, Page 15 of Maps in the Office of the County Recorder of said County, bounded by the following described lines: On the North by the westerly prolongation of the center line of 66th Street, as shown on said map; On the East by the westerly line of "C" Street as shown on said map; On the South by the westerly prolongation of the center line of 69th Street, as shown on said map; and On the West by the ordinary high tide line of the Pacific Ocean. w ,-� _ V.a 3 2 IN WITNESS WHEREOF, the County of San Luis Obispo has caused its corporate name to be hereunder subscribed by its officers thereunto, duly authorized by Resolution of the Board of Super- visors of the County of San Luis Obispo, State of California, and the seal thereof to be hereunto affixed the 2 day of May 1977. of the Board of Supervisors, County of San Luis Obispo, State of California COUNTY OF SAN LUIS OBISPO B y : Chairman of the Board of Supervisors of the County of San Luis Obispo, State of California -2- a 1J ACKNOWLEDGMENT STATE OF CALIFORNIA : ss COUNTY OF SAN LUIS OBISPO ) On this /- day of May 1977, before me, the undersigned Notary Public, personally appeared Howard D. Mankinsand Misbeth Wollam , known to me to be the Chairman and Clerk, respectively, of the Board of Supervisors of the County of San Luis Obispo, State of California, and known to me to be the persons who executed the within instrument on behalf of the County therein named and acknowledged to me that such County executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. I• ` •:: �� NGTARY Pi'U6V1: — C4Lii via u+ y\Q .' $AN Wid ui. a.PJ CC'i i+P'! my Csmmis" io9 Ezpirn l�r�: [SEAL] Notary -Public in and -for Said County and State My Commission expires -3- 0 CERTIFICATION OF CITY CLERK STATE OF CALIFORNIA County of San Luis Obispo I, M. L. WARDEN, City Clerk of the City of Morro Bay, do hereby certify that at a regular meeting of the City Council of the City of Morro Bay held on the 13th day of June , 1977 , an order was duly and regularly made and entered accepting from the County of San Luis Obispo title to certain property within the City of Morro Bay transferred by Board of Supervisors Resolution No. 77-315, dated May 2, 1977; and further certify that the foregoing is a true and correct copy of Resolution No. 51-77 passed by the City Council of the City of Morro Bay at the same meeting on the same date. Witness my hand and the official seal of the City of Morro Bay this 16th day of June, 1977 . M.I. WARDEN, City Clerk City of Morro Bay, California RESOLUTION NO. 50-77 RESOLUTION ACCEPTING WORK AND GIVING NOTICE OF COMPLETION FOR REPAINTING THE EXTERIORS OF TWO (2) STEEL WATER STORAGE TANKS ON BLANCA STREET AND ONE (1) STIFFENER RING ON A KINGS AVENUE WATER STORAGE TANK (JOB NO. PW76-012-36) 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 February 14, 1977 award a contract for the painting of the exteriors of two (2) steel water storage tanks on Blanca Street and one (1) stiffener ring on a Kings Avenue water storage tank, Job No. PW76-012-36, in the City of Morro Bay to Fred Julien and Associates, 1141 Foothill Blvd., San Luis Obispo, California, 93401; 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 June 1977, 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 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, Shelton and Mayor Mitchell NOES: None ABSENT: None ADOPTED: June 13, 1977 �S I ATTEST: M. L. WARDEN, City Clerc CERTIFICATION OF COMPLETION The undersigned hereby certifies that the work of Repainting the Exteriors of Two (2) Steel Water Storage Tanks on Blanca Street and One (1) Stiffener Ring on Kings Avenue Water Storage Tank, Job No. PW76-012-36, by Fred Julien and Associates, 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: May 25, 1977 GEORqE 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 Repainting the Exteriors of Two (2) Steel Water Storage Tanks on Blanca Street and One (1) Stiffener Ring on Kings Avenue Water Storage Tank, Job No. PW76-012-36, in the City of Morro Bay, California, has been completed by Fred Julien & Associates and that said work was accepted as completed on June 13, 1977, by the Morro Bay City Council by the adoption of Resolution No. 50-77 dated June 13, 1977. i M./L. WARDEN, City Clerk City of Morro Bay, California The undersigned hereby deposes and says: That he is the City Clerk of the City of Morro Bay, San Luis Obispo County, California;;that he has read the foregoing notice and knows the contents thereof; that the same is true of his own knowledge. I declare the foregoing to be true under penalty of perjury. Executed at Morro Bay, California, this 16th day of " June 1977. M. L: WARDEN, City Clerk • RESOLUTION NO. 49-77 RESOLUTION ACCEPTING WORK AND GIVING NOTICE OF COMPLETION FOR ANNUAL STREET RESURFACING PROJECT JOB NO. PW76-003-33 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 February 14, 1977 award a contract for Street Resurfacing Project, Job No.PW76-003-33, in the City of Morro Bay to Southern Pacific Milling Company, 3555 Vineyard Avenue, 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 13th day of June 1977, 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 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, Shelton and Mayor Mitchell NOES: None ABSENT: None ADOPTED: June 13, 1977 XQ !4l D LE C. MITCHELL, Mayor ATTEST: M. L.fWARDEN, City Clerk CERTIFICATION OF COMPLETION The undersigned hereby certifies that the Street Resurfacing Project Job No. PW76-003-33, 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 7, 1977 EORG E. CHRISSAKIS City Engineer i c� 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 Annual Street Resurfacing Project in the City of Morro Bay, California, Job No. PW76-003-33, has been completed by Southern Pacific Milling Company and that said work was accepted as completed on June 13, 1977, by the Morro Bay City Council by the adoption of Resolution No. 49-77 dated June 13, 1977. M. 9. WARDEN, City Clerk City of Morro Bay, California The undersigned hereby deposes and says: That he is the City Clerk of the City of Morro Bay, San Luis Obispo County, California; that he has read the foregoing notice and knows the contents thereof; that the same is true of his own knowledge. I declare the foregoing to be true under penalty of perjury. Executed at Morro Bay, California, this 16th day of June 1977. M7. WARDEN, City Clerk RESOLUTION NO. 48-77 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 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, Shelton and Mayor Mitchell NOES: None ABSENT: None ADOPTED: June 13, 1977 D C. MITCHELL', Mayor ATTEST: D xzl Mf V.rW2k EN, City Clerk RESOLUTION NO. 47-77 RESOLUTION APPROVING RENEWAL OF UNITED STATES COAST GUARD LEASE #DOT-CG12-4020 FOR THE PERIOD OCTOBER 1, 1977 THROUGH SEPTEMBER 30, 1978 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 June 1, 1972, by and between the City of Morro Bay and the United States Coast Guard for the northern 24 1/2 by 16 foot portion of a 40 by 16 foot wood frame building, including restroom facilities within the building, and a 14 by 10 foot work shack at the City "T" Pier for the period October 1, 1977 to and including September 30, 1978; 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 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, Pipiton, Rowland, Shelton and Mayor Mitchell NOES: None ABSENT: None ADOPTED: June 13, 1977 && e mh- la& DALE C. MITC L , Mayor`` ATTEST: Mf L. WARDEN, City Cierk DEPARTMENT OF TRANSPORTATION UNITED STATES COAST GUARD 'City of Morro Bay 595 Harbor Street Morro Bay, CA 93442 Gentlemen: MAILING ADDRESS Commander (fcp) 12th Coast Guard District 630 Sansome Street San Francisco, CA 94126 11101 16 May 1977 The U.S. Government is contemplating the continued use of the 40' X 16" wood frame building and the 14" X 10' work shack leased by the U.S. Coast Guard under Lease No. DOT-CG12-4020 for the next fiscal year. As this lease expires on 30 September 1977, a new lease must be initiated. Please indicate your feelings regarding the continued use of your property by check- ing the appropriate block below and return one copy of this letter to this office by 1 June 1977. Sincerely, I agree to the and conditions September 1978. fl JAMES H. SOLOMON Contracting Officer Twelfth Coast Guard District continued use of my property under the same price, terms as the existing one for the period 1 October 1977 to 30 I will call to discuss terms of a new lease. I agree to the continued use of my property under the terms specified below: (805) 772-2212 Te eD one Ni . DALE C. MITCHELL, Mayor RESOLUTION NO. 46-77 RESOLUTION APPROVING SUBMISSION OF CITY OF MORRO BAY ANNUAL TRANSPORTATION CLAIM PURSUANT TO THE STATE OF CALIFORNIA TRANSPORTATION DEVELOPMENT ACT OF 1971 AS AMENDED TO JANUARY 1, 1976 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 1977/78, dated June 13, 1977, 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 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, Shelton and Mayor Mitchell NOES: None ABSENT: None ADOPTED: June 13, 1977 DALE C. MITCHEL , Mayor ATTEST: M.ay4i:,� 7� 1,f WARDEN, City Clerk RESOLUTION NO. 45-77 RESOLUTION APPROVING AGREEMENT WITH THE SAN LUIS OBISPO COASTAL UNIFIED SCHOOL DISTRICT FOR USE OF POLICE OFFICERS AT SCHOOL FUNCTIONS 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 "Agreement" by and between the City of Morro Bay and the San Luis Obispo Coastal Unified School District, a copy of which is attached hereto, is hereby approved by the Morro Bay City Council; and BE IT FURTHER RESOLVED that the Mayor and City Clerk be and are hereby authorized and directed to sign said agreement for and on behalf of the City of Morro Bay. On motion made by Councilman 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, Shelton and Mayor Mitchell NOES: None ABSENT: None ADOPTED: June 13, 1977 L"e n DALE C. MIT H , Mayo ATTEST: M. L. WARDEN, City Clerk A_G_R_E_E M_E N_T_ This agreement made this day of , 1977, by and between the San Luis.Obispo Coastal Unified School District and the City of Morro Bay, a municipal corporation of the State of California (hereinafter called "City"). WHEREAS, the Morro Bay High School has requested City Police Officers in special attendance at certain school activities; and WHEREAS, this request cannot be granted without extra costs to the Morro Bay Police Department; and WHEREAS, the Morro Bay High School is willing to reimburse the City of Morro Bay for these extra costs. NOW, THEREFORE, it is mutually agreed by the parties hereto as follows: 1. That the Morro Bay High School may request Police Officers from the Police Chief and that the Police Chief will provide requested officers on a voluntary basis. 2. It is further understood that Police Officers will only be provided if doing so will not interfer with the normal functions of the Police Department. 3. In compensation, the Morro Bay High School agrees to pay Step 5 of the police hourly wage scale and all costs incurred by the City for a top step Police Officer based on an hourly rate, which shall include but not be limited to: a. State Compensation Insurance b. Retirement Costs C. False Arrest Insurance d. Medical Insurance 4. When a Police Reserve Officer is assigned, the hourly wage shall be $5.00 in addition to pro -rates hourly wage for State Compensation Insurance and False Arrest Insurance. 5. Payment for services shall be made to the City by check which shall be submitted along with a memorandum confirming the names of the officiers so assigned and the hours they have worked. 6. The City shall reimburse the officer or officers so assigned through regular payroll procedures. IN WITNESS WHEREOF, the parties hereto have set their hands the day and year first above written. Dated: ATTEST: M. L. WARDEN, City Clerk CITY OF MORRO BAY DALE C. MITCHELL, Mayor MORRO BAY HIGH SCHOOL THEODORE HARDING, Principal • / • RESOLUTION NO. 44-77 RESOLUTION ACCEPTING WORK AND GIVING NOTICE OF COMPLETION FOR CONSTRUCTION OF DUNES STREET LANDSCAPING PROJECT - PHASE I (JOB NO. PW74-014-37RS) 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 February 28, 1977, award a contract for the construction of the Dunes Street Landscaping Project - Phase I, Job No. PW74- 04-37RS, in the City of Morro Bay to R. Burke Corporation, P. O. Box 957, 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 23rd day of May, 1977, 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 Shelton 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, Pipitone, Rowland and Shelton NOES: None ABSENT: Mayor Mitchell ADOPTED: May 23, 1977 DONALD H. BROWN, Mayor Pro Tem ATTEST: M:FL. WARDEN, City Clerk RESOLUTION NO. 43-77 RESOLUTION APPROVING SUBLEASE ON PORTION OF LEASE SITE NO. 18 (MYERS) 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. 18; and WHEREAS, Ronald L. Myers 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 Chuck Sites; and WHEREAS, lessee desires said sublease be transferred from Chuck Sites to Zeke's Wharf, a California Corporation, 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 portion of Lease Site No. 18 to Zeke's Wharf. BE IT FURTHER RESOLVED that Resolution No. 79-75 dated November 10, 1975, is hereby declared null and void. On motion by Councilman Shelton and seconded by Councilman Rowland , 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: May 23, 1977 DONALD H. BROWN, Mayor Pro Tem ATTEST: y. WARDEN, City Clerk RESOLUTION NO. 42-77 RESOLUTION APPROVING AGREEMENT FOR ANNUAL AUDIT FOR THE FISCAL YEAR ENDING JUNE 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 Morro Bay City Council hereby approves the Agreement by and between the City of Morro Bay and Knight, Towle, Sage and Johnson, Certified Public Accountants, to perform a continuous audit for the fiscal year ending June 30, 1977,.:� 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 Council- man Rowland , 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 Shelton NOES: None ABSENT: Mayor Mitchell ABSTAINED: Councilman Pipitone ADOPTED: May 23, 1977 DONALD H. BR OWN,,hlayor Pro Tem ATTEST: VRRA,VL. WARDEN, Cit Clerk RESOLUTION NO. 41-77 RESOLUTION APPROVING COMPREHENSIVE EMPLOYMENT AND TRAINING ACT OF 1973 WORK SITE AGREEMENT WITH 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: 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, 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 Shelton 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, Pipitone, Rowland and Shelton' NOES: None ABSENT: Mayor Mitchell ADOPTED: May 23, 1977 DONALD H. BROWN, Mayor Pro Tem ATTEST: wzlela� L. WARDEN, City Clerk • RESOLUTION NO. 40-77 RESOLUTION CALLING FOR A CONTRACT WITH THE CALIFORNIA HIGHWAY PATROL FOR ABANDONED VEHICLE ABATEMENT PARTICIPATION T H E C I T Y C O U N C I L City of Morro Bay, California WHEREAS, 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 is 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 1977/78, 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 Shelton and seconded by Councilman Rowland , 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 NOES: None ABSENT: Mayor Mitchell ADOPTED: May 23, 1977 DONAL H. BROWN, Mayor Pro Tem ATTEST: mj'v� M. M WARDEN, City Clerk RESOLUTION NO. 39-77 RESOLUTION ESTABLISHING THE BUILDING PERMIT SYSTEM WITH REGARD TO FLOOD HAZARD AREAS T H E C I T Y C O U N C I L City of Morro Bay, California WHEREAS, the City of Morro Bay wishes to establish eligibility in the National Flood Insurance program and in order to do so must meet the requirements of 1910.3(b) of the Federal Insurance Administration regulations. NOW, THEREFORE, the following measures shall be required within Zone A of the Flood Hazard Boundary Map issued by the Federal Insurance Administration for this community. Section 1 Permit Requirements No person shall erect, construct, enlarge, alter, repair, improve, move, or demolish any building or structure without first obtaining a separate permit for each building or structure from the designated responsible person. No man-made change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations, shall be commenced until a separate permit has been obtained from the designated responsible person for each change. No mobile home shall be placed on improved or un- improved real estate without first obtaining a separate permit for each mobile home from the de- signated responsible person. Section 2 Application To obtain a permit, the applicant shall first file a permit application on a form furnished for that purpose. The form must be completed and submitted to the designated responsible person before the issuance of a permit will be considered. Section 3 Review of Applications The Chief Building Inspector hereinafter referred to the responsible person, is appointed as the "person" responsible for receiving applications and examining the plans and specifications for the pro- posed construction or development. After reviewing the application, the responsible person shall require any additional measures which are necessary to meet the minimum requirements of this document. Section 4 The responsible person shall review proposed de- velopment to assure that all necessary permits have been received from those governmental agencies from Res. No. 39-77 Page Two which approval is required by Federal or State law, including Section 404 of the Federal Water Pollution Control Act Amendments of 1972, 33 U.S.C. 1334. Section 5 The responsible person shall review all permit applications to determine whether proposed building sites will be reasonably safe from flooding. If a proposed building site is in a flood -prone area, all new construction and substantial improvements (including the placement of prefabricated buildings and mobile homes) shall: (i) be designed (or modified) and adequately anchored to prevent flotation, collapse, or lateral movement of the structure, (ii) be constructed with materials and utility equipment resistant to flood damage and (iii) be constructed by methods and practices that minimize flood damage; Section 6 The responsible person shall review subdivision proposals and other proposed new development to determine whether such proposals will be reasonably safe from flooding. If a subdivision proposal or other proposed new development is in a flood -prone area, any such proposals shall be reviewed to assure that (i) all such proposals are consistent with the need to minimize flood damage within the flood -prone area, (ii) all public utilities and facilities, such as sewer, gas, electrical, and water systems are located and constructed to minimize or eliminate flood damage, and (iii) adequate drainage is pro- vided to reduce exposure to flood hazards; Section 7 The responsible person shall require within flood - prone areas new and replacement water supply systems to be designed to minimize or eliminate infil- tration of flood waters into the systems; and Section 8 The responsible person shall require within flood - prone areas (i) new and replacement sanitary sewage systems to be designed to minimize or eliminate infiltration of flood waters into the systems and discharges from the systems into flood waters and (ii) on -site waste disposal systems to be located to avoid impairment to them or contamination from them during flooding. Section 9 The responsible person shall require that all sub- division proposals and other proposed new develop- ments greater than 50 lots or 5 acres, whichever is the lesser, include within such proposals base flood elevation data; Section 10 The responsible person shall obtain, review, and reasonably utilize any base flood elevation data available from a Federal, State, or other source, until such other data has been provided by the Administrator, as criteria for requiring that (i) all new construction and substantial improve- ments of nonresidential structures have the lowest Res. No. 39-77 Page Three floor (including basement) elevated to or above the base flood level and (ii) all new construction and substantial improvements of nonresidential structures have the lowest floor (including base- ment) elevated to or above the base flood level and (ii) all new construction and substantial improvements of nonresidential structures have the lowest floor (including basement) elevated or floodproofed to or above the base flood level; Section 11 For the purpose of the determination of applicable flood insurance risk premium rates within Zone A on a community's FHBM, the responsible person shall (i) obtain, or require the applicant to furnish, the elevation (in relation to mean sea level) of the lowest habitable floor (including basement) of all new or substantially improved structures, and whether or not such structures contain a basement, (ii) obtain, or require the applicant to furnish, if the structure has been floodproofed, the elevation (in relation to mean sea level) to which the struc- ture was floodproofed, and (iii) maintain a record of all such information. Section 12 The responsible person shall notify, in riverine situations, adjacent communities and the State Coordinating Office prior to any alteration or relocation of a watercourse, and submit copies of such notifications to the Federal Insurance Administration; Section 13 The responsible person shall assure that the flood carrying capacity within the altered or relocated portion of any watercourse is maintained; Section 14 The responsible person shall require that all mobile homes to be placed within Zone A on the community's Flood Hazard Boundary Map shall be anchored to resist flotation, collapse, or lateral movement by providing over -the -top and frame ties to ground anchors. Specific requirements shall be that (i) over -the -top ties be provided at each of the four corners of the mobile home, with two additional ties per side at intermediate locations and mobile homes less than 50 feet long requiring one additional tie per side; (ii) frame ties be provided at each corner of the home with five additional ties per side at intermediate points and mobile homes less than 50 feet long requiring four additional ties per side; (iii) all components of the anchoring system be capable of carrying a force of 4,800 pounds; and (iv) any additions to the mobile home be similarly anchored; Section 15 The Flood Hazard Boundary Map issued by the Federal Insurance Administration for this community, dated May 31, 1974 with Panel Numbers 060307A, and any officially published revisions to this map, is adopted as the official map for the enforcement of this document. Zone A on this map delineates Res. No. 39-77 Page Four the area within which the requirements of this document will be enforced. Section 16 DEFINITIONS. Unless specifically defined below, words or phrases used in this document shall be interpreted so as to give them the same meaning as they have in common usage and so as to give this document its most reasonable application. "Base flood" means the flood having a one percent chance of being equalled or exceeded in any given year. "Development" means any man-made change to improved or un- improved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations. "Flood" means a general and temporary condition of partial or complete inundation of normally dry land areas from: (1) The overflow of inland or tidal waters. (2) The unusual and rapid accumulation or runoff of surface waters from any source. "Flood plain" or "flood -prone area" means any land area susceptible to being inundated by water from any source (see definition of "flood"). "Floodproofing" means any combination of structural and non- structural additions, changes, or adjustments to structures which reduce or eliminate flood damage to real estate or im- proved real property, water and sanitary facilities, structures and their contents. "Habitable floor" means any floor usable for living purposes, which includes working, sleeping, eating, cooking or recreation, or a combination thereof. A floor used only for storage pur- poses is not a "habitable floor:" "Mobile home" means a structure, transportable in one or more sections, which is built on a permanent chassis and designed to be used with or without a permanent foundation when con- nected to the required utilities. It does not include re- creational vehicles or travel trailers. The term includes but it is not limited to, the definition of "mobile home" as set forth in regulations governing the Mobile Home Safety and Construction Standards Program (24 CFR 3282.7(a)). "Person" includes any individual or group of individuals, corporation, partnership, association, or any other entity, including State and local governments and agencies. "Riverine" means relating to, formed by, or resembling a river (including tributaries), stream, brook, etc. "Structure" means, for flood plain management purposes, a walled and roofed building, including a gas or liquid storage tank, that is principally above ground, as well as a mobile home. Res. No. 39-77 Page Five "Substantial improvement" means any repair, reconstruction, or improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure either, (a) before the improvement or repair is started, or (b) if the structure has been damaged, and is being restored, before the damage occurred. For the purposes of this definition "sub- stantial improvement" is considered to occur when the first alteration of any wall, ceiling, floor, or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure. The term does not, however, include either (1) any project for improve- ment of a structure to comply with existing state or local health, sanitary, or safety code specifications which are solely necessary to assure safe living conditions or (2) any alteration of a structure listed on the National Register of Historic Places or a State Inventory of Historic Places. "Variance" means a grant of relief by a community from the terms of a flood plain management regulation. On motion by Councilman Shelton and seconded by Councilman Rowland 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 NOES: None ABSENT: Mayor Mitchell ADOPTED: ATTEST: May 23, 1977 `DONALD'H. BROWN,.Mayor Pro Tem MVP,RAY . WARDEN, City Clerk RESOLUTION NO. 38-77 RESOLUTION AUTHORIZING AN APPLICATION FOR COASTAL ZONE MANAGEMENT PLANNING ASSISTANCE 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 recognizing the problems and issues identified in the attached application for Coastal Zone Management Grant desires to provide for a planning study contributing to improved coastal planning, decisionmaking, and management capability related to community development and growth; and WHEREAS, the City of Morro Bay has developed an application package to deal with these development problems and issues; and the California State Office of Planning and Research, under authority of the Government Code of the State of California (Section 34200), may provide planning assistance for such a program and receive financial assistance from the California Coastal Commission, as authorized by inter -agency agreement. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Morro Bay hereby requests the Office of Planning and Research to provide planning assistance under authority of the Government Code of the State of California, with such financial assistance as may be provided by the California Coastal Commission, not to exceed the amount of $2,500.00. Such planning assistance is more particularly described in a project description that is attached hereto and made a part of this resolution as if fully set forth herein. BE IT FURTHER RESOLVED, that the City Administrator of the City of Morro Bay be, and he is hereby authorized and empowered to execute in the name of the City of Morro Bay, all necessary applications, contracts, and agreements and amendments hereto to implement and carry out the purposes specified in this resolution. On motion by Councilman Brown and seconded by Councilman Rowland , 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: May 9, 1977 C W66L IZ DALE C. MITCHELL, Mayor ATTEST: �� �A4� �7 URR Y L. RDEN, City Clerk • a RESOLUTION NO. 37-77 RESOLUTION APPROVING AMENDMENT TO LEASE WITH BREBES MORRO BAY FISHERIES, INC. FOR LEASE SITES NO. 110W, 111W, AND 112W 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 Brebes Morro Bay Fisheries, Inc. to amend "SCHEDULE A, Rent" for Lease Sites No. 110W, 111W, and 112W so as to decrease the per- centage of the gross required for food and bar sales; and WHEREAS, this request has been made because of the new construction and subsequent financing requirements for the restaurant located on the referenced lease sites; and WHEREAS, these adjustments to the rental schedule are temporary in nature; and WHEREAS, the City Council has determined that the continuation of the original rental schedule could create an adverse economic situation; and WHEREAS, the City Council has determined that it is in the best interests of the City of Morro Bay to assure con- tinued operation of a dinner house on the subject lease sites. NOW, THEREFORE, BE IT RESOLVED that adjustments to Rental Schedule A for Lease Sites No. 110W, 111W, and 112W are hereby approved as revised and attached hereto by that certain document identified as Exhibit A and entitled "Addendum to Lease Agreement Dated December 30, 1975'. On motion made by Councilman Brown and seconded by Councilman Rowland , 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 Mayor Mitchell NOES: Councilman Shelton ABSENT: None ADOPTED: May 9, 1977 A&ZZ,e', DALE C. MI ELL, Mayor ATTEST: -M.-L. WARDEN, City Clerk f Ll RESOLUTION NO. 36-77 RESOLUTION APPROVING SUBLEASE ON PORTION OF LEASE SITE NO. 18 (MYERS) 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. 18; and WHEREAS, Ronald L. Myers is the lessee of said property; and WHEREAS, said lease provides that the consent of the 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 Zeke's Wharf, a California corporation, 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 sub- lease of a portion of said Lease Site No. 18 to Zeke's Wharf. On motion by Councilman Brown and seconded by Councilman Rowland , 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, Mayor Mitchell NOES: None ABSENT: None ADOPTED: May 9, 1977 ATTEST: M. . WARDEN, City l-e k Pipitone, Rowland, Shelton and r DALE C. MITCfELL, Mayor i i IR RESOLUTION NO. 35-77 A RESOLUTION OF THE LEAGUE OF CALIFORNIA CITIES URGING THE ADOPTION OF THE APPROPRIATE MEASURES TO ENSURE THAT ALL POLITICAL CANDIDATES ARE AFFORDED EQUAL TREATMENT UNDER THE FAIR POLITICAL PRACTICES COMMISSION T H E C I T Y C O U N C I L City of Morro Bay, California Fair Political Practices Commission WHEREAS, in a recent &agrreme-E4s4: decision a political candidate from a minority party was excluded from the require- ment to disclose :his campaign contributions; and WHEREAS, this candidate was excluded from this requirement because he represented the Communist Labor Party and was de- termined to have little chance of winning the election; and WHEREAS, this candidate supposedly could be subject to future harassment if he disclosed his contribution sources; and WHEREAS, this type of ruling violates the intention of the people of the State of California by circumventing its laws; NOW, THEREFORE BE IT RESOLVED by the League of California Cities as follows: The League supports adoption of Assembly Bill 496 which would provide for equal treatment of all candidates for office; The League asserts that special treatment of any candidates violates the will of the people of the State of California as expressed in the Statewide election which established the Fair Political Practices Commission. On motion made by Councilman gown and seconded by Councilman �Rowlind 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: April 25, 1977 ATTEST: MURRAY L. WARDEN, City Clerk .Lf� . ' /,/./1�MARAPINDROG i i RESOLUTION NO. 34-77 RESOLUTION APPROVING THE APPLICATION FOR 1976 STATE GRANT MONEYS FOR THE DEVELOPMENT OF NIGHT LIGHTING AND PARKING LOT AT LILA KEISER PARK 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 Urban and Coastal Bond Act of 1976, 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, the applicant agency will enter into an agreement with the State of California for the development of the project; and WHEREAS, the City's Master Plan was first adopted by the City Council in January, 1968; and WHEREAS, the proposed Development of Night Lighting and Parking Lot at Lila Keiser Park project appears on the City's Plan, is consistent with the California Outdoor Recreation Resources Plan, and is in conformity with the State Environmental 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 1976 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 has reviewed and understands the general provisions contained in the state/local agreement; and 5. 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 0 Resolution No. 34-77 Page Two 6. Appoints the City Administrator as agent of the City to 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. 7. Certifies that said agency has adopted a park and recrea- tion plan that includes the proposed project. 8. Certifies that said agency will provide local monies in the event the project cost is more than the $35,638 allocated for the 1976 State Grant. 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, Shelton and Mayor Mitchell NOES: None ABSENT: None ADOPTED: April 25, 1977 w A DALE C. MITCRML,"Mayor ATTEST: M. L. WARDEN, City Clerk RESOLUTION NO. 33-77 RESOLUTION ACCEPTING DEED FROM SOUTHERN CALIFORNIA GAS COMPANY AND AUTHORIZING RECORDATION T H E C I T Y C O U N C I L City of Morro Bay, California The following resolution is hereby proposed: RESOLVED that the City of Morro Bay does hereby accept a Corporation Grant Deed from Southern California Gas Company for all the real property described as the northeasterly 64 feet of Lots 11 and 12, Resubdivisibn of Block 1, Morro Heights, in the City of Morro Bay, County of San Luis Obispo, State of California, according to the map thereof on file in Book 3, Page 111 of Maps in the office of the County Recorder of said county. Said 64 feet being measured along the southeasterly line of said Lots 11 and 12; and BE IT FURTHER RESOLVED that the City Clerk be and is hereby authorized the directed to record said Deed together with a copy of this resolution in the Office of the Recorder of the County of San Luis Obispo. On motion by Councilman 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, Mayor Mitchell NOES: None ABSENT: None ADOPTED: April 25, 1977 ATTEST: L. WARDEN, City Cler Pipitone, Rowland, Shelton and /-�� ZgA& DALE C. MITCHEL , Mayor yME UISURMICE 6 TRUST CO. • • • AND WHEN R[COROCO MAIL TO F—City of Morro Bay HAM. 595 Harbor Boulevard Add,..... Morro Bay, California 93442 CITY a SEAT. I Lr J MAGI TAX STATEMENTS To I N.M. See above P IET Add;... CITY A "I"' L J 16 SPACE ABOVE THIS LINE FOR RECORDER'S USE D.T.T. S 7.70 TO 406 CA 110- 31 Corporation Grant Deed THIS FORM FURNISHED BY TITLE INSURANCE AND TRUST COMPANY FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, SOUTHERN CALIFORNIA GAS COMPANY, a corporation organized under the laws of the state of CAL FORNIA, hereby GRANTS to CITY OF MORRO BAY, A CALIFORNIA CORPORATION, the following described real property in the City Of Morro Bay, Countyof San Luis Obispo , State ofCalifornia: The northeasterly 64 feet of Lots 11 and 12, Resubdivision of Block 1, Morro Heights, in the City of Morro Bay, County of San Luis Obispo, State of California, according to the map thereof on file in Book 3, Page 111 of Maps in the office of the County Recorder of said county. Said 64 feet being measured along the southeasterly line of said Lots 11 and 12. The Grantor covenants and declares that said property is not necessary or useful in the performance of its duties to the public,as prescribed by the Public Utilities Act, and is not needed .for or used in the conduct of its business. In Witness Whereof, said corporation has caused its corporate name and seal to be affixed hereto and this instru- ment to be executed by;ltx R Seninr Virg President and the Secretary thereunto dulv authorized. Dated: February 22, 1977 SOUTHERN CALIFORNIA GAS COMPANY STATE. OF CALIFORNIA COUNTY OF Los Angeles ss. On February_2.2 1 g77 before me, the under- signed, a Notary Public in and for said State, personally appeared John C. Abram known to me to bc).Oi4 a $en Dr__Vlce President, and H. F. GOodenow known to me to be the Secretary of the Corporation that executed the within Instrument, known to me to be the persons who executed the within Instrument on behalf of the Corporation, therein named, and acknowledged to me that such Corporation executed the within InStru ment pursuant to its by-laws or a resolution of its board of directors. WITNESS my hand and official seal. Signature Florence B. Frost Name (Typed or Printed) By _ Senior Vice President By _— Secretary eoeo:•o.>oeasoc•».ee••e•••eeese b �=' OFFICIAL SEAL a FLORENCE S. FROST NOTARY PUi LIC • CAI I%GRNIA y • CC`�! //y :OS ANGEuS C:iUNIY o j `l•:...,% MY Commission Expires Aug. 14, 1979 j ♦e•ee••••e•••eeee•e•e•e•••eeo♦ ITd. .m far oalrlal nM.rla Mull I Title Order No. /. 7 d. / Escrow or LoanI Order No. /�/ 7 / Escrow or Loan No. RESOLUTION NO. 32-77 RESOLUTION OF INTENTION TO PURCHASE TAX DEEDED PROPERTY AND AGREEMENT TO PURCHASE T H E C I T Y C O U N C I L City of Morro Bay, California WHEREAS, the City of Morro Bay wishes to acquire certain tax deeded property; and WHEREAS, it is necessary to enter into an agreement with the County of San Luis Obispo to purchase said tax deeded property. NOW, THEREFORE, BE IT RESOLVED that the City of Morro Bay hereby agrees to purchase tax deeded property described as Parcel 68-371-02-000; and BE IT FURTHER RESOLVED that the Mayor and City Clerk be and are hereby authorized to execute an agreement to purchase said property for the minimum bid price, redemption fees, and costs of advertising. 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, Mayor Mitchell NOES: None ABSENT: None ADOPTED: April 25, 1977 ATTEST: M. L. WARDEN, City Clerk Pipitone, Rowland, Shelton and I�F��ui�i Ci iT:F.�.fll�iuft►t:S=,t� RESOLUTION NO. 31-77 RESOLUTION AUTHORIZING CHANGES IN PERMITTED USES AND RENTAL SCHEDULE ON LEASE SITES NO. 52 AND 52W - WHIBLEY T H E C I T Y C O 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 Reg Whibley, Edward J. Strasser and Arthur R. Fry, holders of leasehold interest in Lease Sites No. 52 and 52W, that an additional use be added to the permitted uses on said lease site; and WHEREAS, it is further agreed that an adjustment be made in the Rental Schedule of said lease to accommodate this change in use. NOW, THEREFORE, BE IT RESOLVED that the additional use of "rental of space where the space is to be occupied by artisans producing and selling marine oriented jewelry and artifacts" be added to the list of permitted uses on Lease Sites No. 52 and 52W; and BE IT FURTHER RESOLVED that Schedule A, Rental, be amended to include the following: B. PERCENTAGE RENTAL (a-1) Pay to CITY at the times and in the manner hereinafter specified, such additional percentage rental, to total twelve percent (12%) of TENANT's gross rental derived from the spaces rented in accordance with the permitted uses during each year of the term hereof, less the aggregate amount of the minimum rental paid by TENANT to CITY during said calendar year. This is the percentage rental charged for the demised premises for the existing permitted uses. Should TENANT secure permission to change the permitted uses to change the character of occupancy of said leasehold, then the percentage rental based upon sales shall be paid as specified in (a) above. Resolution No. 31-77 Page Two BE IT FURTHER RESOLVED that each and all of the other terms provisions, and conditions of said lease, except as expressly modified above, remain in full force and effect. On motion by Councilman Brown and seconded by Councilman Pipitone , the Morro Bay Ciy 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: April 25, 1977 15 _ /J DPSE� �L LL, Mayor ATTEST: M. L.IWARDEN, City Clerk RESOLUTION NO. 30-77 RESOLUTION AMENDING RESOLUTION NO. 11-77 WHICH DECLARED A WATER SHORTAGE EMERGENCY CONDITION FOR THE CITY OF MORRO BAY AND DECLARED THE NECESSITY FOR MANDATORY WATER RATIONING 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, on February 28, 1977, adopted Resolution No. 11-77 entitled "A Resolution Declaring a Water Shortage Emergency Condition for the City of Morro Bay and Declaring the Necessity for Mandatory Water Rationing"; and WHEREAS, the City has received several requests to allow automatic or sprinkling irrigation; and WHEREAS, State Assembly Resolution #16 dated February 1, 1977, recommends installing timers on sprinkler systems as a water conservation method; and WHEREAS, a need has arisen to further define filling and re -filling swimming pools. NOW, THEREFORE, BE IT RESOLVED that Exhibit A under Resolution No. 11-77, Section C. Water Conservation Program, is hereby amended as follows: 2.f. A sprinkling system is permitted providing it is attended by a person or under the control of an automatic timing device. Soil moisture sensing devices are encouraged for large sprinkling systems; drip irrigation is also encouraged. 2.p. Filling or refilling of empty swimming pools shall be prohibited; however, replenishment of re -circulating pools is permitted. 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: April 11, 1977 r�v VLE C. MIT ELL, Mayor ATTEST: M. L. WARDEN, CiG -Its_ RESOLUTION NO. 29-77 RESOLUTION APPROVING RENEWAL OF UNITED STATES COAST GUARD LEASE #DOT-CG12-4020 FOR THE PERIOD JULY 1, 1977 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 June 1, 1972, by and between the City of Morro Bay and the United States Coast Guard for the northern 24 1/2 by 16 foot portion of a 40 by 16 foot wood frame building, including restroom facilities within the building, and a 14 by 10 foot work shack at the City "T" pier for the period July 1, 1977 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 by Councilman Brown and seconded by Councilman Rowland ' , 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: April 11, 1977 Di/' �',�r141 DALE C. MITCHELL, Mayor ATTEST: 14JeJ M. WARDEN, City Clerk RESOLUTION NO. 28-77 A RESOLUTION AMENDING RESOLUTION NO. 22-77 WHICH APPROVED THE NEED BASIS GRANT APPLICATION FOR GRANT FUNDS UNDER THE URBAN OPEN SPACE AND RECREATION PROGRAM 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 March 14, 1977, adopt Resolution No. 22-77 which approved the Need Basis Grant Application for grant funds under the Urban Open Space and Recreation program; and WHEREAS, the State Department of Parks and Recreation has determined that certain amendments are necessary to said Resolution. NOW, THEREFORE, BE IT RESOLVED that Resolution No. 22-77 is hereby amended to include the following after number 5 in said resolution: 5. Certifies that said agency has or will have available prior to commencement of any work on the project included in this application, matching money from a non -state source; and 6. Certifies that the project included in this application conforms to the recreation element of the applicable city general plan; and 7. Appoints the City Administrator as agent of the City of Morro Bay to conduct all negotiations, execute and submit all documents including but not limited to applications, agreement, amendments, payment requests, and so on which may be necessary for the completion of the aforementioned project. 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, Pipitone, Rowland, Shelton and Mayor Mitchell NOES: None ABSENT: None ADOPTED: April 11, 1977 t r �o DALE C. MIT HELL, Mayor ATTEST: M. L. WARDEN, City Clerk RESOLUTION NO. 27-77 A RESOLUTION AMENDING RESOLUTION NO. 21-77 WHICH APPROVED THE NEED BASIS GRANT APPLICATION FOR GRANT FUNDS UNDER THE URBAN OPEN SPACE AND RECREATION PROGRAM 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 March 14, 1977, adopt Resolution No. 21-77 which approved the Need Basis Grant Application for grant funds under the Urban Open Space and Recreation program; and WHEREAS, the State Department of Parks and Recreation has determined that certain amendments are necessary to said Resolution. NOW, THEREFORE, BE IT RESOLVED that Resolution No. 21-77 is hereby amended to include the following after number 5 in said resolution: 5. Certifies that said agency has or will have available prior to commencement of any work on the project included in this application, matching money from a non -state source; and 6. Certifies that the project included in this application conforms to the recreation element of the applicable city general plan; and 7. Appoints the City Administrator as agent of the City of Morro Bay to conduct all negotiations, execute and submit all documents including but not limited to applications, agreement, amendments, payment requests, and so on which may be necessary for the completion of the aforementioned project. 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, Pipitone, Rowland, Shelton, and Mayor Mitchell NOES: None ABSENT: None ADOPTED: April 11, 1977 of 4 lwa r DALE C. M ELL, Mayor ATTEST: i WARDEN, City Clerk 0 0 RESOLUTION NO. 26-77 RESOLUTION APPROVING SUBLEASE ON LEASE SITES NO. 96 & 96W 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. 96 and 96W; and WHEREAS, Larry C. and Patricia A. DeGarimore 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 lessee has entered into a sublease agreement with Mike and Kathy DeGarimore; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Morro Bay does hereby consent to the sublease of a portion of said Lease Sites No. 96 and 96W to Mike and Kathy DeGarimore. On:motion by Councilman Brown and seconded by Councilman Rowland , 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: March 28, 1977 Za I 4 DALES HEZ� L,MMayor ATTEST: MU Y . WARDEN, City Clerk RESOLUTION NO. 25-77 RESOLUTION APPROVING GRANT OF USE PERMIT TO MORRO BAY FIREFIGHTERS I.A.F.F. LOCAL 1855 T H E C I T Y C O U N C I L City of Morro Bay, California The following resolution is hereby proposed: RESOLVED that that certain document entitled "Use Permit Agreement" between the City of Morro Bay and the Morro Bay 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 Rowland , 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: March 28, 1977 DALE C. MITCHELL, Mayor ATTEST: *R L. GARDEN,City Jerk RESOLUTION NO. 24-77 RESOLUTION APPROVING CONTRACT BETWEEN THE COUNTY OF SAN LUIS OBISPO AND THE CITY OF MORRO BAY FOR AMBULANCE SERVICES T H E C I T Y C O U N C I L City of Morro Bay, California The following resolution is hereby proposed: RESOLVED, that the Morro Bay City Council hereby approves the Contract by and between the City of Morro Bay and the County of San Luis Obispo for ambulance services; and BE IT FURTHER RESOLVED that the Mayor and City Clerk be authorized and directed to sign said Contract for and on behalf of the City of Morro Bay. On motion by Councilman Brown and seconded by Councilman Rowland , the City Council of the City of Morro Bay hereby adopts in its entirety the fore- going proposed resolution on the following roll call vote: AYES: Councilman Brown, Pipitone, Rowland, Shelton and Mayor Mitchell NOES: None ABSENT: None ADOPTED: March 28, 1977 c� DALE C. MITCHELL, Mayor ATTEST: M. FL. WARDEN, City C e k RESOLUTION NO. 23-77 RESOLUTION OF NECESSITY FOR DECLARATORY RELIEF ACTION CITY OF MORRO BAY, SAN LUIS OBISPO COUNTY, CALIFORNIA THE CIT Y COUNCIL City of Morro Bay, California The Citv 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 For declaratory relief to establish the rights and duties of the City of Morro Bay and Safeco Insurance Company of America with respect to that certain policy of liability insurance issued to the City of ?Morro Bay by Safeco Insurance Company of America on or about March 1, 1975. 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. On motion of 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, Shelton and Mayor Mitchell NOES: ;.done ABSENT: None ADOPTED: March 1�9, 1977 �-DALE,C: MITCHELL, Mayor ATTEST: 4 . WARDEN, City erc RESOLUTION NO. 22-77 A RESOLUTION APPROVING THE NEED BASIS GRANT APPLICATION FOR GRANT FUNDS UNDER THE URBAN OPEN SPACE AND RECREATION PROGRAM T H E C I T Y C O U N C I L City of Morro Bay, California WHEREAS, the legislature of the State of California has enacted the Urban Open -Space and Recreation Program, which provides funds to certain political subdivisions of the State of California for acqui- ring lands and for developing facilities within urban areas to meet urban recreation needs; and WHEREAS, the State Department of Parks and Recreation has been delegated the responsibility for the administration of the program, setting up necessary procedures governing applications by local agen- cies 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 contains a certification that the applicant will comply with all federal, state, and local environ- mental, public health, relocation, affirmative action, and clear- inghouse requirements and all other appropriate codes, laws and regulations prior to the expenditure of the grant funds; and WHEREAS, the project(s) applied for under this program must be of a high priority and satisfy the most urgent park and recreation needs with emphasis on unmet needs in the most heavily populated areas; NOW, THEREFORE, BE IT RESOLVED that the City Council hereby: 1. Approves the filing of an application for Need Basis Grant funding under the Urban Open -Space and Recreation Program; and 2. Certifies that said agency understands the general provisions of the agreement; and 3. Certifies that said agency has or will have sufficient funds to operate and maintain the project(s) funded under this program; and 4. Appoints the City Administrator as agent of the City .to conduct all negotiations, execute and submit all documents including but not limited to applications, agreements, amendments, pay- ment requests, and so on which may be necessary for the comple- tion of the aforementioned project(s). Resolution No. 22-77 Page Two 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: March 14, 1977 ATTEST: M. L .WARDEN, City Cle k eot4e' DALE C. MITCHELL, Mayor -2- RESOLUTION NO. 21-7.7 A RESOLUTION APPROVING THE NEED BASIS GRANT APPLICATION FOR GRANT FUNDS UNDER THE URBAN OPEN SPACE AND RECREATION PROGRAM T H E C I T Y C O U N C I L City of Morro Bay, California WHEREAS, the legislature of the State of California has enacted the Urban Open -Space and Recreation Program, which provides funds to certain political subdivisions of the State of California for acqui- ring lands and for developing facilities within urban areas to meet urban recreation needs; and WHEREAS, the State Department of Parks and Recreation has been delegated the responsibility for the administration of the program, setting up necessary procedures governing applications by local agen- cies 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 contains a certification that the applicant will comply with all federal, state, and local environ- mental, public health, relocation, affirmative action, and clear- inghouse requirements and all other appropriate codes, laws and regulations prior to the expenditure of the grant funds; and WHEREAS, the project(s) applied for under this program must be of a high priority and satisfy the most urgent park and recreation needs with emphasis on unmet needs in the most heavily populated areas; NOW, THEREFORE, BE IT RESOLVED that the City Council hereby: 1. Approves the filing of an application for Need Basis Grant funding under the Urban Open -Space and Recreation Program; and 2. Certifies that said agency understands the general provisions of the agreement; and 3. Certifies that said agency has or will have sufficient funds to operate and maintain the project(s) funded under this program; and 4. Appoints the City Administrator as agent of the City.to conduct all negotiations, execute and submit all documents including but not limited to applications, agreements, amendments, pay- ment requests, and so on which may be necessary for the comple- tion of the aforementioned project(s). 0 I Res. No. .21-77 Page Two 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: March 14, 1977 ATTEST: 99a 4�- WARDEN, City Clerk DALE C. MITC42 , Mayor -2 - u • RESOLUTION NO. 20-77 RESOLUTION REQUESTING THAT THE QUESTION OF IMPLEMENTING THE NACIMIENTO WATER PROJECT BE PLACED BEFORE THE PUBLIC AT AN ELECTION TO BE HELD IN NOVEMBER, 1977 T H E C I T Y C O U N C I L City of Morro Bay, California WHEREAS, the question as to implementation of that phase of the County of San Luis Obispo Master Water Plan calling for construction of the Nacimiento Water Project was voted on by the electorate of Zone 10 of the Flood Control District on November 5, 1974; and WHEREAS, the measure authorizing the Nacimiento Water Project, identified as Measure "N", was narrowly defeated by an over-all factor of .2% at said election; and WHEREAS, the City of Morro Bay and other areas within the zone of benefit of the Nacimiento Water Project are presently suffering water shortages; and WHEREAS, water shortages can occur at any time the area experiences below normal rainfall; and WHEREAS, it is possible that present drought conditions could again seriously affect water availability to the City of Morro Bay and other areas within the Nacimiento Water Project zone of benefit; and WHEREAS, the Nacimiento Water Project appears capable of being operational and of delivering water to all participants earlier than any other source of supplemental water; and WHEREAS, said project is consistent with the County of San Luis Obispo Master Water and Sewer Plan and will assure a source of high quality water sufficient to meet the needs of water users for the foreseeable future. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay that voter approval of the Nacimiento Water Project should be placed on the ballot at a Special Election to be held November, 1977; and BE IT FURTHER RESOLVED that each of the governing bodies of the City of Paso Robles, the unincorporated areas of Atascadero, Templeton and Santa Margarita are urged to place this matter before their voters at said Special Election; and BE IT FURTHER RESOLVED that the County of San Luis Obispo Board of Supervisors take whatever actions are necessary to assure that this matter is brought to the vote of the people within the zone of benefit; and BE IT FURTHER RESOLVED that the City Clerk is hereby directed to forward copies of this resolution to all members of the Zone 12 Flood District and the County of San Luis Obispo Board of Supervisors. Resolution No. 20-77 Page Two 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, Shelton and Mayor Mitchell NOES: None ABSENT: None ADOPTED: March 14, 1977 ATTEST: ag M. L. WARDEN, City Clerk 0 0 RESOLUTION NO. 19-77 RESOLUTION APPROVING LOCAL AGENCY -STATE AGREEMENT FOR FEDERAL -AID IMPROVEMENT PROJECTS T H E C I T Y C O U N C I L City of Morro Bay, California The following resolution is hereby proposed: RESOLVED, that the Morro Bay City Council hereby approves the Agreement by and between the City of Morro Bay and State of California, Division of Highways of the Depart ment of Transportation for Federal -aid Improvement Projects; and BE IT FURTHER RESOLVED that the Mayor and City Clerk be 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 Rowland , the City Council of the City of Morro Bay hereby adopts in its entirety the foregoing pro- posed resolution on the following roll call vote: AYES: AYES: Councilmen Brown, Pipitone, Rowland, Shelton and Mayor Mitchell NOES: None ABSENT: None ADOPTED: March 14, 1977 DAL�PC� ypY ATTEST: M. L. WARDEN, Cit C erk RESOLUTION NO. 18-77 RESOLUTION AUTHORIZING THE FILING OF AN APPLICATION WITH THE DEPARTMENT OF TRANSPORTATION, UNITED STATES OF AMERICA, FOR A GRANT UNDER THE URBAN MASS TRANSPORTATION ACT OF 1964, AS AMENDED T H E C I T Y C O U N C I L City of Morro Bay, California WHEREAS, the Secretary of Transportation is authorized to make grants for mass transportation projects; and WHEREAS, the contract for financial assistance will impose certain obligations upon the applicant, including the provision by it of the local share of project costs; and WHEREAS, it is required by the U.S. Department of Transpor- tation, in accord with the provisions of Title VI of the Civil Rights Act of 1964, that in connection with the filing of an application for assistance under the Urban Mass Transportation Act of 1964, as Amended, the applicant give an assurance that it will comply with Title VI of the Civil Rights Act of 1964 and the U. S. Department of Transportation requirements thereunder; and WHEREAS, it is the goal of the Applicant that minority business enterprise be utilized to the fullest extent possible in connection with this project, and that definitive procedures shall be established and administered to ensure that minority businesses shall have the maximum feasible opportunity to com- pete for contracts when procuring construction contracts, supplies, equipment contracts, or consultant and other services; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay, California, as follows: 1. That the City Administrator is authorized to execute and file an application on behalf of the City of Morro Bay with the U. S. Department of Transportation to aid in the financing of the purchase of one (1) 25 passenger bus, radio equipment and fare box for a route connecting the City of Morro Bay Demand Response Transit System with City of San Luis Obispo Transit System by transfer at Cuesta College. 2. That the City Administrator is authorized to execute and file with such application an assurance or any other document re- quired by the U. S. Department of Transportation effectuating the purposes of Title VI of the .Civil Rights Act of 1964. V-1 r Resolution No. 18-77 Page Two 3. That the City Administrator is authorized to furnish such additional information as the U. S. Department of Transportation may require in connection with the application or the project. 4. That the City Administrator is authorized to set forth and execute affirmative minority business policies in connection with the project's procurement needs. 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, Shelton and Mayor Mitchell NOES: None ABSENT: None ADOPTED: March 14, 1977 DALE C. MITCH LL, Mayor ATTEST: URH Y LZAiARDEN, City Clerk y-z RESOLUTION NO. 17-77 RE OLUTION ALLOCATING USE OF TRANSPORTATION DEVELOPMENT ACT FUNDS TO SUPPORT A PUBLIC TRANSIT BUS ROUTE BETWEEN THE CITY OF MORRO BAY AND CUESTA COLLEGE WITH A TRANSFER CONNECTION TO SAN LUIS OBISPO T H E C I T Y C 0 U N C I L City of Morro Bay, California WHEREAS, the State of California accrues funds for the sup- port of public transportation systems under the Transportation Development Act of 1971; and WHEREAS, portions of these funds have been set aside in a Local Transportation Fund for support of public transportation in the City of Morro Bay and vicinity; and WHEREAS, the City Council of the City of Morro Bay desires to place into service a public transit bus route between the City of Morro Bay and Cuesta College at which point passengers may transfer to a San Luis Obispo Transit District bus and pro- ceed to the City of San Luis Obispo; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay, California, as follows: 1. That $5,687.00 of the Local Transportation Funds (SB 325) be allocated to support the establishment of the proposed bus route. 2. That the City Administrator is authorized to file a claim with the San Luis Obispo County and Cities Area Planning Coordin- ating Council for the above use of SB 325 funds. 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, Shelton and Mayor Mitchell NOES: None ABSENT: None ADOPTED: March 14, 1977 �I:.SLdiGLC i DALE C. MITCHELL, Mayor ATTEST: Y L. 4 RDEN, City RESOLUTION NO. 16-77 RESOLUTION APPROVING GRANT OF USE PERMIT AGREEMENT TO KIWANIS CLUB OF MORRO BAY-ESTERO FOR EASTER SUNRISE SERVICES T H E C I T Y C O U N C I L City of Morro Bay, California WHEREAS, the Kiwanis Club of Morro Bay -Estero annually sponsors an interdenominational Easter Sunrise Service; and WHEREAS, said Kiwanis Club has requested the use of certain City property in the vicinity of Morro Rock to conduct said services; NOW, THEREFORE, Council does hereby Mayor and City Clerk execute a Use Permit Morro Bay and the Ki of which is attached BE IT RESOLVED that the Morro Bay City approve the aforementioned use and the are hereby authorized and directed to Agreement by and between the City of aanis Club of Morro Bay -Estero, a copy hereto. On motion by Councilman Brown and seconded by Councilman Rowland , 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, Pipitone, Rowland, Shelton and Mayor Mitchell NOES: None ABSENT: None ADOPTED: March 14, 1977 DALE C. MITCHELL, Mayor ATTEST: �Waeolz M. WARDEN, City Clerk 6 RESOLUTION NO. 15-77 RESOLUTION APPROVING SUBLEASE ON A PORTION OF LEASE SITES NO. 134-137 (CRILL) 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 watefront, described as Lease Sites No. 134-137; and WHEREAS, Rae M. Crill is the lessee of said property; and WHEREAS, said lease provides that the consent of City shall be obtained to any sublease of said property or portion of said property; and WHEREAS, said lessee has entered into a sublease agreement with David A. and Mary E. Ross, husband and wife, a copy of which sublease agreement has been presented to the City Council of the City of Morro Bay; and NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Morro Bay does hereby consent to.the sublease of a portion of said Lease Sites No. 134-137 to David A. and Mary E. Ross. On motion by Councilman Brown and seconded by Council- man Rowland , 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: March 14, 1977 DALE C. MITCHELL, Mayor ATTEST: ffz�� M. L- WARDEN, City Clerk •46 04P RESOLUTION NO.14A-77 RESOLUTION APPROVING ASSIGNMENT OF LEASE SITE NO. 8 FROM STANLEY J. AND SHIRLEY E. ROGERS TO FRANK CASAS AND TOM CASAS 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 Stanley J. and Shirley E. Rogers to transfer the leasehold interest in Lease Site No. 8 to Frank Casas and Tom Casas; 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 Stanley J. and Shirley E. Rogers of the leasehold interest in Lease Site No. 8 to Frank Casas and Tom Casas; 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 Rowland , the Morro Bay City Council hereby adopts the fore- going proposed resolution in its entirety on the following roll call vote: AYES: Councilman Brown, Pipitone, Rowland, Shelton and Mayor Mitchell NOES: None ABSENT: None ADOPTED: March 14, 1977 DALE C. MIT LIEF L , Mayor MAz . . WARDEN, Cit Jerk PLEASE SIGN & RETURN ASSIGNMENT OF LEASE AGREEMENT STANLEY J. ROGERS and SHIRLEY E. ROGERS hereby assign to e:xu:pC 6e0u:ty Frank Casas and Tom Casas all the right, title and interestlin and to that certain lease dated February 26, 1969, by and between the City of Morro Bay, a municipal corporation, and G. G. Greene and Ruth C. Greene, concerning that certain tide and submerged lands lease site known as Lease Site No. 8; said lease being more particularly delineated on Parcel Map of the City of Morro Bay No. 68-30, which ma was recorded on October 10, 1968 in Book 3 at page 10 of Parcel Maps in the office of the County Recorder, County of San Luis Obispo, California. The term of said lease was fifty years commencing October 1, 1968, and expiring without notice on September 30, 2018. Reference is made to said lease, a copy of which is attached to the original of this Assignment of Lease Agreement and Assumption Agreement for further particulars. 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 Al day of Cntd 1477Z. ASSUMPTION AGREEMENT LEASE SITE NO. 8 Lease executed February 26, 1969 FRANK CASAS and TOM CASAS, assignees, accept the aforesaid assignment of lease from Stanley J. and Shirley E. Rogers, 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 condi- tons 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 leased 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. Assignee relies solely on his individual determination of assignors right to assign and on his individual determination of the validity of all previous assignments, and his determination of the existence of any claims or liens against said lease and acknowledges and understands 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. FRANK CASAS TOM CASAS STATE OF CALIFORNIA County of San Luis Obispo On �I �. /g/f� before me, the undersigned, a Notary Publi�/c i and s� for said State, personally appeared J,u_Gl- �'77t I'CL' a_,�U , known to me to be the persons whose names are subscribed to the within instrument and acknow- ledged that they executed the same. WITNESS my hand and official seal. OFFICIAL SEAL JANICE M. TESTERMAN S ature 5 }_ �j 3. NOTAPY PUBLIC-CALIFORNIA SAN LUIS OBISPO COUNTY w' My CommissionE Pnu, June 13, 1978 0 RESOLUTION NO. 14-77 RESOLUTION AUTHORIZING THE DEPARTMENT OF GENERAL SERVICES OF THE STATE OF CALIFORNIA TO PURCHASE POLICE VEHICLES THE CITY COUNCIL City of Morro Bay, California WHEREAS, The City of Morro Bay must provide for police vehicles; and WHEREAS, Government Code Section 14814 requires a City Resolution to authorize the State of California to purchase said vehicles. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Morro Bay does hereby authorize the Office of Procurement, Department of General Services of the State of California to purchase one 1977 Model, Intermediate Size, DODGE Monaco WK-41 Police Package Vehicle for and on behalf of the City of Morro Bay, pursuant to Section 14814, Government Code, and that Ralph H. Dowell, Jr. City Purchasing Agent is hereby authorized and directed to sign and deliver all necessary requests and other documents in connection therewith 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, Shelton and Mayor Mitchell NOES: None ABSENT: None ADOPTED: February 28, 1977 DALE C.-MITCHEiL, Mayor ATTEST: A4 La4l�� City e RESOLUTION NO. 13-77 RESOLUTION APPROVING ASSIGNMENT OF LEASE SITES NO. 96 AND 96W FROM SHIRLEY L. RICHEY TO LARRY AND PATRICIA DE GARIMORE 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 Shirley L. Richey to transfer the leasehold interest in Lease Sites No. 96 and 96W to Larry and Patricia DeGarimore, 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 Shirley L. Richey of the leashold interest in Lease Sites No. 96 and 96W to Larry and Patricia DeGarimore, 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 Brown and seconded by Council- man Rowland , 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: February 28, 1977 G DALE C. MITCHEL , Mayor ATTEST: 4 RDEN, City.C M. X__. W lerk 41 RESOLUTION NO. 11-77 A RESOLUTION DECLARING A WATER SHORTAGE EMERGENCY CONDITION FOR THE CITY OF MORRO BAY AND DECLARING THE NECESSITY FOR MANDATORY WATER RATIONING T H E C I T Y C O U N C I L City of Morro Bay, California WHEREAS, Title 13, Chapter 4, of the Morro Bay Municipal Code empowers the City Council of the City of Morro Bay to determine low water levels and to declare conservation measures; and WHEREAS, said Section of the Morro Bay Municipal Code permits, but does not limit, certain emergency measures; and WHEREAS, the City Council has determined that there is a serious depletion of available water resources caused by unseasonable dry weather which has prevented the normal replenishment of the City's wells; and WHEREAS, it is in the public interest to adopt conservation measures so as to assure the beneficial use of existing water resources. NOW, THEREFORE, BE IT RESOLVED that the City Council does hereby declare that a water shortage emergency condition does exist; and BE IT FURTHER RESOLVED that the City Council does hereby authorize and direct the implementation of any and all provisions of Section 13.040.320, 13.040.330 and 13.040.340 of the Morro Bay Municipal Code and such other measures as are specified in that certain document entitled "Rules and Regulations Governing the Mandatory Rationing and Conservation of Water Resources for the City of Morro Bay" adopted herewith and attached hereto as Exhibit "A"; and BE IT FURTHER RESOLVED that these rules and regulations shall remain in effect until such time as they shall be revoked or amended by resolution of the City Council of the City of Morro Bay. On motion by Councilman Brown and seconded by Mayor Mitchell, 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: Councilman Shelton ABSENT: None ADOPTED: February 28, 1977 ATTEST: M. . WARDEN, City Clerc DALE C. MITCHELL, Mayor • �XHIBIT "A" RULES AND REGULATIONS GOVERNING THE MANDATORY RATIONING AND CONSERVATION OF WATER RESOURCES FOR THE CITY OF MORRO BAY A. OBJECTIVE The objective of these Rules and Regulations is to establish procedures for the conservation of water resources presently avail- able to the City of Morro Bay by reducing water consumption during calendar year 1977 by a factor of 20% of normal production. This objective is deemed necessary in order to assure beneficial use of existing water resources. B. DEFINITION 1. Average water usage shall mean the three year average for each metered account. The three year average shall be for the three years immediately preceding and ending July 1, 1976. 2. 20% savings shall mean the difference between the three year average usage and the actual first and subsequent meter readings following the effective date of these rules and regulations. C. WATER CONSERVATION PROGRAM 1. The Water Conservation Program shall consist of, but is not necessarily limited to, the following procedures and shall be imposed in a phased manner with Phase I consisting of the least restrictive measures; Phase II, more restrictive; and Phase III, most restrictive. The procedures for each phase shall, as appropriate, be mandatory, violation of which may result in citation, fine, penalties, turn-off of water, or other measures necessary to assure compliance. 2. Phase I - Least restrictive - shall consist of the following: a. The City shall publicize and distribute educational devices suggesting, encouraging, and identifying water conservation measures for homes, restaurants, motels, businesses, and all other uses of Morro Bay water resources. b. The City shall encourage the use of water saving kits and devices for toilets, showers, and faucets. C. Restaurants shall only serve drinking water in response to a specific request by a customer. d. Irrigation of landscaping shall be permitted two days per week only; odd numbered street addresses shall irrigate on Tuesdays and Saturdays; even numbered street addresses on Wednesdays and Sundays. e. No irrigation shall be permitted after 10:00 a.m. or before 4:00 p.m. on the designated days. f. No automatic or sprinkling irrigation shall be allowed at any time. Hand watering shall be the only permitted method of irrigation and only during established irrigation periods. Exhibit "A" Page Two g. No water shall be utilized for the cleaning of driveways, patios, parking lots, sidewalks, streets, or other such uses. h.. Car washing, utilizing household type hose systems shall not be allowed. Car washing will be allowed by use of bucket contained water only and then subject to non -wasteful applications. i. The use of water which results in gutter run-off shall be considered a violation of the mandatory rationing program. j. Each public school will be requested to adopt con- servation programs, and to forward to the City procedures for conserving water. Such procedures shall consist of, but not be limited to, the following: (1) Installation of spring -loaded faucets for automatic shutoff in showers, drinking fountains, and any other facilities such as hosebibs. (2) Compliance with the City's irrigation schedule with particular reference to the elimination of automatic sprinkling systems. (3) Installation of water -saving devices for showers and toilet facilities or other water delivery systems. (4) Consideration of methods for connecting irrigation of large landscaped areas to other sources of water, such as effluent. (5) Full compliance with the City's requested 20% reduction in water usage. k. The County Board of Supervisors will be asked to develop and submit to the City a program conserving both domestic and irrigation water as used by the Morro Bay Golf Course. Elimination of automatic sprinkling devices should be an alternative considered. As a minimum, County facilities shall be expected to reduce water usage by the 20% savings factor. 1. Marinas and Waterfront Installations. All hose bibs shall be required to have spring -loaded shutoffs or similar controlling devices and any connections to authorized live -aboard vessels shall have individually installed and metered connections with a separate water account billed at the same rate as for land residences. In addition, the use of fresh water to wash down boats, docks, and other incidental activities shall be pro- hibited and subject to measures contained in the resolution. m. City facilities and activities shall adhere to the same schedule and restrictions as prevail for private users, with the additional proscription that irrigation of landscaped areas, where feasible, shall be accom- plished with the use of effluent water. Exhibit "A" Page Three n. State of California parks, campgrounds and other facilities utilizing Morro Bay water resources shall be required to observe the same restrictions as other water users and shall be subject to the same 20% savings requirement as all other water users. In addition, State facilities will be encouraged and requested to install and use water saving devices and conservation measures. For example, State Park facilities servicing recreational vehicles should prohibit replenishment of water tanks from City resources. o. Use of potable water for compaction purposes in con- struction activities shall be prohibited. p. Filling or refilling of swimming pools shall be pro- hibited. 3. Phase II - More Restrictive - If the measures required by Phase I, above, do not result in a 20% reduction of water usage, the following additional procedures shall be implemented: a. Irrigation shall be permitted one day a week only with the odd numbered street numbers being allowed to irrigate on Tuesday and even numbered street numbers on Thursday. Irrigation shall be allowed only before 10:00 a.m. or after 4:00 p.m. on the days permitted. b. No hose down of buildings, washing of windows, except by bucket, or other similar activities shall be per- mitted. C. A random sampling of at least 10% of the water accounts shall be taken on a monthly basis in order to monitor consumption. 4. Phase III - Most Restrictive - Phase III shall be imple- mentea n the event that the measures undertaken in Phases I and II have not achieved a 20% reduction in water production. In addition to the provisions of Phase I and II, the follow- ing procedures shall be implemented: a. Individual meters shall be read, as a minimum, once a month. The resulting readings shall be compared with the three year average ending July 1, 1976, to deter- mine if the metered account is, in fact, realizing a saving of 20%. In the event that the user is not, then the following penalty shall be applied: For each 100 cubic feet of water used over the three year average, less 20%, a charge at the rate of $3.00 per 100 cubic feet shall be applied. Said rate shall be applied for each 100 cubic feet or fraction thereof up to the amount of the three year average usage. A charge of $5.00 per 100 cubic feet for water used in excess of the three year average shall be applied thereafter. Excepted from this rate structure shall be any water account which has historically used no more than 200 cubic feet per person, per month, per metered account and the normal minimum service charge shall not be applied. Exhibit "A" Page Four b. No outside watering utilizing potable water shall be permitted. D. PENALTIES AND ENFORCEMENT Violation of the water conservation regulations herein speci- fied or otherwise specified by Section 13.04, Chapter VII of the Morro Bay Municipal Code, entitled "Emergencies", shall result in the following actions: 1. Each violation shall be issued a first notice as a warning. 2. On the second violation, water service will be immediately discontinued with the issuance of a discontinuance notice. a. In order for service to be restored, a fee of $15.00 shall be charged for reconnection if during regular Water Department office hours. If restoration of water service is requested after normal working hours, a fee of $25.00 shall be charged. 3. Should the foregoing procedures prove unsuccessful in achieving compliance, the City shall immediately install a waterflow restrictor on the line at the meter which will substantially restrict flow to the premises. The flow restrictor shall be a properly sized washer drilled with a small hole no bigger than 1/4 inch in diameter. 4. Should continued violations occur, the Police Department, upon direction of the City Administrator, will issue a citation for violation of a City Ordinance. E. IMPLEMENTATION OF PHASES Implementation of each phase shall occur only after the City Council has specifically authorized implementation of the next successive Phase. For example: Phase I shall be implemented upon adoption of these Rules and Regulations. Phase II shall not be implemented, however, without specific approval by the City Council and only after evaluating the failure of Phase II to accomplish the objectives of these Rules and Regulations. Similarly, Phase III shall not be implemented until specifically authorized by the City Council. It shall be the responsibility of the City Administrator to keep the City Council fully apprised of the effectiveness of these procedures and to secure Council approval prior to implementation of each successive Phase. F. APPEAL Any person considered aggrieved by implementation of these Rules and Regulations may appeal to the City Administrator for relief, exception, and/or interpretation. The City Administrator is authorized to adjudicate such appeals in order to assure reasonable and equitable application of these provisions. Should the person or persons making such appeal be dissatisfied with the decision of the City Administrator, that person or persons may appeal to the City Council by requesting the City Clerk to place such appeal on the Agenda of the City Council's next regular meeting. 0 RESOLUTION NO. 10-77 RESOLUTION APPROVING AMENDMENT TO LEASE FOR LEASE SITES NO. 109P AND 109PW, BREBES MORRO BAY FISHERIES, INC. T H E C I T Y C O U N C I L City of Morro Bay, California WHEREAS, a discrepancy in the description for Lease Sites t' No. 109P and 109PW has been determined to exist; and WHEREAS, correction of this description is necessary in order for the lease to be recorded in the County Recorders Office; and WHEREAS, it is in the best interests of the City of Morro Bay that such error be corrected. NOW, THERFORE, BE IT RESOLVED that the Mayor and City Clerk are hereby authorized and directed to sign the Amendment to Lease which incorporates the corrected description for said lease sites; and 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, Pipitone, Rowland, Shelton and Mayor Mitchell NOES: None ABSENT: None ADOPTED: February 14, 1977 9 DALE C. MI , Mayor ATTEST: OLWARDEN, City Clerk • RESOLUTION NO. 9-77 RESOLUTION APPROVING AMENDMENT TO LEASE FOR LEASE SITES NO. 105.3W, 106W, 107W, AND 108W, BREBES MORRO BAY FISHERIES, INC. T H E C I T Y C O U N C I L City of Morro Bay, California WHEREAS, a discrepancy in the description for Lease Sites No. 105.3W, 106W, 107W, and 108W has been determined to exist; and WHEREAS, correction of this description is necessary in order for the lease to be recorded in the County Recorders Office; and WHEREAS, it is in the best interests of the City of Morro Bay that such error be corrected. NOW, THERFORE, BE IT RESOLVED that the Mayor and City Clerk are hereby authorized and directed to sign the Amendment to Lease which incorporates the corrected description for said lease sites; and 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: February 14, 1977 DALE C_. MTTCHE11Lj -M o ATTEST: WARDEN, City Cle k- 0 RESOLUTION NO. 7-77 RESOLUTION AMENDING RESOLUTION NO. 76-76 WHICH ADOPTED 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, Resolution No. 76-76 adopted a Conflict of Interest Code for the City Council; and WHEREAS, said Code was forwarded to the Fair Political Practices Commission for approval by that body; and WHEREAS, the Fair Political Practices Commission has determined that the City Code be amended to delete the effective date of the Code, October 10, 1976, and changed to "upon adoption by the Fair Political Practices Commission." NOW, THERFORE, BE IT RESOLVED that Resolution No. 76-76 Section 6, is hereby amended to read as follows: SECTION 6. Effective Date. This Conflict of Interest Code shall become effective upon adoption by 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 on the following roll call vote: AYES: Councilmen Brown, Pipitone, Rowland, Shelton and Mayor Mitchell NOES: None ABSENT: None ADOPTED: February 14, 1977 ATTEST a - M. L. WARDEN, City Clerk -A ae "I&.& DALE C. MITC , Miiyor 0 RESOLUTION NO. 6-77 RESOLUTION URGING THE BOARD OF SUPERVISORS TO FAVORABLY CONSIDER REQUEST FOR FUNDS BY LEGAL SERVICES CORPORATION WHEREAS, there are approximately 21,000 residents of San Luis Obispo County who have income below the poverty level, twenty percent of whom are senior citizens; and WHEREAS, such persons are even minimal legal services in consumer, employment, housing, problems; and unable on their own to obtain the civil courts, such as social security and similar WHEREAS, the County Board of Supervisors last year funded the establishment and operation of the Legal Services Corporation of San Luis Obispo County to provide needed legal services for the County's poor, with the expectation that future funding would be obtained from other sources; and WHEREAS, the Legal Services Corporation has during the past demonstrated its capability to provide effective legal services to the poor, with a record of service to more than 1,000 County residents from all cities and axeasof the County; and WHEREAS, the anticipated funding from sources other than the County has not yet materialized, but it is expected that federal funding will become available if Legal Services Cor- poration can continue to operate and demonstrate its ability to provide legal services to the poor; and WHEREAS, the original funds for the operation of the Legal Services Corporation are nearly depleted, and needed legal services for the poor will become generally unavailable unless additional funds are obtained for the continued opera- tion of said Legal Services Corporation; and WHEREAS, if this program of legal services to the poor is terminated now, it will be difficult or even impossible to initiate a comparable program again; and WHEREAS, the Legal Services Corporation has requested the County Board of Supervisors to provide additional funding to support said Legal Services Corporation until other funding is available, with the understanding that Legal Service Corpor- ation will continue to strive to obtain other funding; and WHEREAS, this Council finds from the record presented by Legal Services Corporation that its program is one which is worthy of support by all residents of the County. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Morro Bay supports the concept of governmental assistance in providing legal servcies to the poor, and finds that the program for such services conducted by the Legal Services Corporation of San Luis Obispo County during the past year is effective and worthy of such assistance. BE IT FURTHER RESOLVED that this Council supports the request by Legal Services Corporation to the Board of Super- visors for additional funding, and urges the Board of Super- 0 Resolution No. 6-77 Page Two visors to consider such request favorably. On motion by Councilman Shelton and seconded by Mayor Mitchell, 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: January 24, 1977 DALE C. MI C LMayor� ATTEST: a_4'�.. . M. WARDEN, City Clerk • 0 RESOLUTION NO. 5-77 RESOLUTION APPROVING GRANT OF USE PERMIT AGREEMENT TO MORRO BAY ART ASSOCIATION T H E C I T Y C O U N C I L City of Morro Bay, California The following resolution is hereby proposed: RESOLVED that that certain document entitled "Use Permit Agreement" between the City of Morro Bay and the Morro Bay Art Association, a copy of which is attached hereto, is hereby approved by the Morro Bay City Council; and BE IT FURTHER RESOLVED that the Mayor and City Clerk be and are hereby authorized to sign said Agree- ment for and on behalf of the City of Morro Bay. On motion by Councilman 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, Pipitone, Rowland, Shelton and Mayor Mitchell NOES: None ABSENT: None ADOPTED: January 24, 1977 DALE C. MITCHE L, Mayor ATTEST: M. L. WARDEN, City Clerk RESOLUTION NO. 4-77 RESOLUTION AUTHORIZING MAYOR AND CITY CLERK TO EXECUTE A RIGHT OF WAY CERTIFICATE FOR FEDERAL AID URBAN PROJECT M-Y370(1) AND FORWARD THE SAME TO CALIFORNIA DEPARTMENT OF TRANSPORTATION 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 by Resolution No. 4-75 authorize construction of Federal Aid Urban Project No. M-Y370(1) in cooperation with the California Department of Transportation; and WHEREAS Federal funds are involved in the project; and WHEREAS construction will be under the supervision of the Department of Transportation; and WHEREAS a Right of Way Certificate is required of the City prior to commencing construction; NOW THEREFORE BE IT RESOLVED AND AGREED that the City of Morro Bay will hold the State of California harmless from any liability which may result in the event the right of way is not clear as certified; and BE IT FURTHER RESOLVED AND AGREED that if the State is named in a damage suit, as a result of the right of way not being clear as certified, the City of Morro Bay will, at the request of the State, assume full responsibility for the conduct of the defense or provide such assistance as the State may require and will pay any judgments issued against the State and all costs in connection with the defense; and BE IT FURTHER RESOLVED that the Mayor and City Clerk be author- ized to execute the required Right -of -Way Certificate on behalf of the City; and BE IT FURTHER RESOLVED AND ORDERED that the City Clerk be authorized to forward three copies of this resolution accompanied by three copies of the referenced Right-of-way Certificate, to the California Department of Transportation. On motion made by Councilman Brown and seconded by Councilman Rowland , the City Council of. the City of Morro Bay hereby adopts the foregoing resolution in its entirety by the following roll call vote: AYES: Councilmen Brown, Pipitone, Rowland, Shelton and Mayor Mitchell NOES: None ABSENT: None ADOPTED: uary 24 1977 _� /"z' �Y/�. �aD/ DALE C. MITCH LL, Mayor ATTEST: MURRAY L WARDEN, City Clerk • RIGHT OF WAY CERTIFICATEO The City of Morro Bay hereby certifies in connection with the right of. way for project M-Y370(1) that: _ All required right of wav for construction of this project has now been acquired, covered by right of way contract, right of entry or order of immediate possession, as set forth in detail below: 1. STATUS OF RIGHT OF WAY ACQUISITION. a. Total number of parcels required ------------- None b. Parcels acquired outright -------------------- None c. Parcels covered by R/W contract -------------- None d. Parcels covered by right of entry or order for immediate possession --------------- None e. Parcels covered only by condemnation resolution ----------------------------------- None ._2: STATUS -OF AFFECTED RAILROAD FACILITIES ----------- None 3. DESIGNATED 14ATERIAL SITES ------------------------ None 4. DESIGNATED DISPOSAL AREAS ------------------------ None - 5. STATUS OF UTILITY RELOCATIONS DESCRIBE ANY NOT YET RELOCATED AND GIVE DATE RELOCATION - IS -ANTICIPATED ---- ---- --------------------------- None 6. SCHEDULE _FOR REMOVAL OF -OBSTRUCTIONS ------------- None 7. UNAUTHORIZED ENCROACHMENTS DESCRIBE ANY UTILITY OR OTHER FACILITY WITHOUT A PROPER USE AND OCCUPANCY AGREEMENT ---------------------- None 8. COMPLIANCE WITH RELOCATION ADVISORY ASSISTANCE AND PAYMENTS PROVISIONS OF FEDERAL AND STATE LAW Compliance with the provisions of IM-80-1-68 was not required for this project. 9. NUMBER OF DWELLINGS DISPLACED. a. Owner occupied ------------------------------- None b. Rental units --------------------------------- None 10. FARM OPERATIONS OR BUSINESSES DISPLACED ---------- None The City of Morro Bay agrees to hold the State of California harmless from any liability which may result in the event the right of way is not clear as certified. If the State is named in a damage suit, as a result of the right of way not being clear as certified, the City of Morro Bay agrees that, at the request of the State, it will assume full responsibility for the conduct of the defense or provide such assistance as the State may require and.will pay any judgments issued against the State and all costs in connection with the defense. CITY O/F� MORRO BAY � By D E C. MITCHELL, Mayor i ATTEST: MURRAY WARDEN, Date: January January 28, 1977 City Clerk r • • RIGHT OF WAY CERTIFICATION This is to certify that all construction in connection with F.A.U. Project M-Y370(1) will be within existing street rights -of -way, that no acquisition of additional right-of-way is required and that no dwellings, businesses or farming operations will be displaced. GEORGE . CHRISSAKIS City Engineer 6 RESOLUTION NO. 3-77 RESOLUTION APPROVING ASSIGNMENT OF LEASE SITES NO. 30W, 31W, 32W, AND 33W FROM UNION OIL COMPANY OF CALIFORNIA TO MORRO BAY FUEL DOCK, INC. T H E C I T Y C O U N C I L City of Morro Bay, California WHEREAS, a request has been made by Union Oil Company of California to transfer the leasehold interest in Lease Sites No. 30W, 31W, 32W, and 33W to Morro Bay Fuel Dock, Inc., a California corporation; 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 Union Oil Company of California of the leasehold interest in Lease Sites No. 30W, 31W, 32W, and 33W to Morro Bay Fuel Dock, Inc., a California corporation; 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 Shelton and seconded by Council- man 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 NOES: None ABSENT: None ABSTAIN: Mayor Mitchell ADOPTED: January 10, 1977 DALE C. MITC ELI , Mayor ATTEST: yH/ ` M.. WARDEN, City Clerk- RESOLUTION NO. 2-77 RESOLUTION ADOPTING THE HOUSING 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 February 17, March 1, March 15, April 5, September 7, and September 20, 1976, conduct public hearings to consider the adoption of the Housing Element of the City General Plan in conformance with Section 65351 of the Government Code of the State of California; and WHEREAS, the Morro Bay City Council held public hearings on June 14, July 12, August 9, August 23, and October 11, 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 Housing Element was so heard and testimony considered. NOW, THEREFORE, BE IT RESOLVED that the Morro Bay City Council does hereby adopt the Housing 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 Rowland , 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: January 10, 1977 ATTEST: �� M. L. WARDEN, City Clerk 104h, to DAL— E C. MI HELL, Mayor 1 10 RESOLUTION NO. 1-77 RESOLUTION AND ORDER ABANDONING A PORTION OF EASEMENT NO. 133 ACROSS LOT 1, BLOCK 20, MORRO DEL MAR SUBDIVISION NO. 2 T H E C I T Y C O U N C I L City of Morro Bay, California WHEREAS, the City Council of the City of Morro Bay finds that a portion of Easement No. 133 across Lot 1, Block 20, Morro Del Mar Subdivision No. 2 which is more fully described hereinafter is un- necessary for present or prospective easement purposes; and WHEREAS, the City Council of the City of Morro Bay has deter- mined 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 deter- mined that notices of intention to vacate said easement have been posted along said easement at intervals of 300 feet or less 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 portion of said easement, described as follows: Beginning at the Northwesterly corner of Lot 1, Block 20, Morro Del Mar Subdivision No. 2, as per a map thereof recorded October 11, 1926, in Volume 3 of Maps, Page 81, San Luis Obispo County Records; thence N.63051'E., 5.055 feet to the true point of beginning; thence continuing N.63051'E., 5.055 feet; thence S.17033'E 43.61 feet; thence S.72027'W., 5.00 feet; thence N.17033'W., 42.855 feet to the true point of beginning. BE IT FURTHER RESOLVED AND ORDERED 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 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: January 10, 1977 All_ DALE C. MITCHELL, Mayor ATTEST: MUYRAY WARDEN, City Clerk CERTIFICATION OF CITY CLERK I, M. L. Warden, City Clerk of the City of Morro Bay, do hereby certify that the foregoing is a true and correct copy of Resolution No. passed by the City Council of the City of Morro Bay.at a regular meeting thereof held on the loth day of January 1977. DATED: January 17 1977. M. L.,'/WARDEN, City Clerk