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Home My WebLink AboutResolution 01-81 to 118-811981 RESOLUTIONS No. TITLE DATE ADOPTED 01-81 Returning Responsibility to the Division of Housing of the Department of Housing and Community Development for the Enforcement of the Mobile Home Park Act and Related Administrative Regulations 01-12-81 02-81 Resolution Authorizing Approval of An Agreement Between the City of Morro Bay and the State of California Depart- ment of Parks and Recreation for the Purpose of Grant of Easement for Construction of a Wastewater Discharge Outfall Line Across Atascadero Beach State Park. 01-26-81 03-81 Resolution Authorizing Execution of a No -Fee Lease Agree- ment Between the City of Morro Bay and the State of California State Lands Commission 01-26-81 04-81 Resolution Authorizing Investment of City Monies in Local Agency Investment Fund 01-26-81 05-81 Resolution Establishing Insurance Reserve Fund and Amending Adopted Budget Accordingly 01-26-81 06-81 Resolution Authoirzing Temporary Investment of City Funds 01-26-81 07-81 Resolution Authorizing Grant Application for State Coastal Conservancy Comprehensive Accessways Program and Designation of Official to Execute. 01-26-81 08-81 Resolution Adopting a Water Equivalency Program for the Year 1981 01-26-81 09-81 Amending the Adopted Rules and Regulations and Fees for the Mooring of Vessels at Piers, Docks & Offshore Moorings Within the Corporate Limits of the City of Morro Bay 01-12-81 10-81 Resolution Approving Grant of Use Permit to California Challenge Muster Association in Conjunction with Morro Bay Chamber of Commerce. 02-09-81 11-81 Resolution Objecting to Proposed Administrative Changes to the Transportation Development Act (SB 325) 02-09-81 12-81 Resolution to Modify the Time to File Petition 02-09-81 13-81 Resolution Authorizing Filing Application for Federal and State Grants for Publicly Owned Wastewater Treatment Works in Providing Certain Assurances 02-09-81 14-81 Resolution commending George Chrissakis as Morro Bay City Engineer 02-23-81 15-81 Resolution of the City Council of the City of Morro Bay Calling and Giving Notice of the Holding of a Special Municipal Election to Be Held in Said City on Tuesday, June 2, 1981, for the Consideration of Certain Initiative Measures as Required by the Provisions of the laws of the State of California Relating to General Law Cities 02-23-81 16-81 Resolution Approving the Priority Plan for Expenditure Under the Provisions of the California Parklands Act of 1980 02-23-81 17-81 Resolution of the City Council, City of Morro Bay, Approving the Application for 1980 State Grant Moneys Project Development of Parks Within the City of Morro Bay. 02-23-81 "I 1981 RESOLUTIONS NO. TITLE DATE ADOPTED 18-81 Resolution of the City Council of the City of Morro Bay calling and giving notice of the holding of'a special municipal election to be held in said city on Tuesday, June 2, 1981, for the submission to the qualified electors of said city of a certain question, proposition or measure relating to (1) Measure A --Limiting and regulating the expenditure of city funds for community promotion purposes; (2) Measure B--Requiring voter approval of,annexations; (3) Advisory Vote Only - Requiring Mandatory Garbage Collection Within City Limits. 03-02-81 19-81 Resolution in response to the revised proposed Notice of Sale for Lease Sale #53. VOIDED,i 20-81 Resolution of the City Council of the City of Morro Bay requesting the Board of Supervisors of the County of San Luis Obispo to Render Specified Services to Said City Relating to the Conduct of a Special Municipal Election to be held in said City on Tuesday, June 2, 1981. 03-09-81 21-81 Resolution of the City Council of the City of Morro Bay, California, authorizing certain of its members to file a written argument for city measure. 03-09-81 22-81 Resolution Awarding Contract for Construction of Del Mar Park. 03-09-81 23-81 Resolution Amending A Portion of Resolution No. 09-81, Rules,_ Regulations and Fees for the Morrong of Vessels'at Piers, Docks and Offshore Moorings Within the Corporate Limits of the City of Morro Bay. 24-81 Resolution Approving a Cooperative Agreement Between the City of Morro Bay and Sequoia-Bayview Condominium Development Tract 890 for the Construction of a 6-inch Water Main in Sequoia Street Between Elm Avenue and Main Street in the City of Morro Bay 03-09-81. 25-81 Resolution Adopting an Amended Set of City Objectives, Criteria, and Procedures for Evaluation of Projects and the Preparation of Environmental Impact Reports 03-09-81 ,727•-81 A Resolution Commending Fletcher Peck on City Song 03-09-81 �'26-81 Resolution Proclaiming Energy Conservation Fair to be held March 19, 1981. 03-16-81 27-81 Resolution Combining Voting Precincts for the June 2, 1981 Election 03-23-81 NO. TITLE DATE ADOPTED' 28-81 Resolution Honoring the American Legion on their 62nd Anniversary. 03-23-81 29-81 Resolution to Mr. Tom Butch for his contributions to the City of Arroyo -Grande. 03-23-81 30-81 Resolution Modifying Fees for Non -Profit Organizations 03-23-81 31-81 Resolution of Intention to Amend Municipal Code Chapter 17.48, by Adding a New Section Thereto Concerning Multiple Use of Public School Sites. .03-23-81 32-81 Resolution Designating Chief of Police to Preside at Hearings for abandoned vehicles. 04-13-81 33-81 Resolution in support of The Great California Resource Rally, April 20-26, 1981. 04-13-81 34-81 Resolution Awarding Bid No. 81-2 to Keenan Supply, Inc. of Salinas, California. 04-13-81 35-81 Resolution Approving Quitclaim Deed for Property at the Intersection of Cuesta & Maple Streets. 04-13-81 36-81 Mutual Aid Agreement With DFSP Estereo Bay. 04-13-81 37-81 Resolution Amending the Community Enrichment Program Budget. 04-13-81 38-81 Resolution Establishing Funds to Be Used for Financial Management for the year 1980-81 and Thereafter. 04-13-81 39-81 Resolution of intention to amend Municipal Code Chapter 17.48, by adding a new section thereto concerning the regulation of electronic amusement and pinball arcades. 04-13-81 40-81 Resolution Authorizing Determination of,Disability by the official delegate (Bradford) 04-13-81 41-81 Resolution Authorizing Determination of Disability by the Official Delegate (Mehaffy) 04-13-81 42-81 Resolution Authorizing Delegation of Authority for Disability Retirement 04-13-81 43-81 Resolution Establishing Appropriations Limit .For Fiscal Year 1980-81 04-27-81 44-81 Resolution of the City Council of the City of Morro Bay ' Establishing Precinct Boards and Polling Places for the June 2, 1981 Special Election. 05-11-81 45-81 A Resolution of the City Council of the City of Morro Bay, California, Ordering the Canvass of the Special Municipal Election to be held on the 2nd day of June, 1981 to be made by the City Clerk of the City of Morro Bay 05-11-81 to Ab NO. TITLE I DATE ADOPTED 46-81 A Resolution of the City Council of the City of Morro Bay Stating that the Public Interest and Necessity Require the Acquisition for Sewage Treatment and Disposal Facilities of a certain parcel of land within the City limits of said city, and further ordering that the property herein described be acquired by eminent domain, and directing the city attorney to prepare and prosecute the necessary eminent domain proceedings 47-81 Resolution of the City Council Expressing Its Support of 05-11-81 Efforts by the Federal Administration to Return Powers to Local Entities and Urging a Careful Implementation of Those Efforts in Ways that will enhance, not further impede, home 05-11-81 rule. 48-81 Resolution Announcing Findings and Denying the Appeal of a Planning Commission Decision on a Tentative Tract Map for Jack Loperena. 05-11-81 49-81 A Resolution of the City Council of the City of Morro Bay, California, Approving and Authorizing the Execution of an Agreement with the State of California, California State Personnel Board, Cooperative Personnel Services. 05-11-81 50-81 Resolution Commending the Services of Willard D. Curtis Upon Retirement from Morro Bay High School. 05-26-81 51-81 Resolution Requesting a Grant From the State Department of Boating and Waterways for the Reconstruction of a Boat Launching Facility at the Morro Bay Coastal Angling Access Site. 05-26-81 52-81 Resolution of Intention to Approve an Amendment to Contract Between the Board of Administration of the Public Employees' Retirement System and the City of Morro Bay 05-26-81 53-81 Resolution Awarding Bid No. 03-81 for Weed Abatement Mowing to Karleskint=Crum of San Luis Obispo. 05-26-81 54-81 Proposed Repeal of Section 301 of the Powerplant and Industrial Fuel Use Act of 1978 05-26-81 55-81 Resolution of the Morro Bay City Council Authorizing the Adjustment and Settlement of Claims Against the City. 05-26-81 56-81 Resolution to Increase Fines for Violation of Unlawful Camping. 05-26-81 57-81 Resolution to Wayne Hoereth for his contributions to the City of Pismo Beach. 06-08-81 58-81 Resolution Reciting the fact of a Special Municipal Election held in said City of Morro Bay on the second day of June, 1981 declaring the result thereof and such other matters as,provided by law 06-08-81 NO. TITLE ADOPTED 59-81 Resolution adopting'building rental fee schedule and priority.' plan. 06-08781. 60-81 Resolution requesting•the State of California Department of Fish and;Game to cease harrassment of the Morro Bay Commercial Fishing Fleet. 06-08-81 61-81 Resolution authorizing .the Director of Public Services to sign all documents relating replacement.of •two Dial -A -Ride Buses.' (Section 18) 06708-81 62-81 Resolution establishing charges,for transportation of critically',:" ill or injured patients by the Fire Department to the hospital:" 07-13-81 63-81 Memorandum of Understanding for Peace Officers'Association. 06-22-81 64-81 Resolution Adopting and Approving the LCP Proposed Land.Use Plan. 06-25-81 65-81 Resolution Approving and Adopting an interim budget for the fiscal year 1981-82. 06-29-81 66-81 y Resolution adopting a�budget and making appropriations for fiscal year,1981-82. 07-1.3, 81' 67-81 Resolution establishing user rates and related fees and' deposits for water and sewer services. 07-13-81" 68-81 Resolution establishing a community band•.> - .107-13-81 69-81 Resolution relating to the classification, compensation; and terms of employment of.non-management, police employees of.the City of Morro Bay... 07-13-81 70-81 Resolution relating to the classification, compensation, and terms of employment of miscellaneous employees of the City -of Morro Bay. 07-13-81 71-81 Resolution Approving an Agreement Between City of Morro.Bay and . California Coastal Conservancy for Stabilization of Sand Dunes North of Coleman Drive. 07-27-81 ' 72-81 Resolution Relating to. the Classification, Compensation and y terms of employment of.management, mid -management, and confidential employees of the City of Morro.Bay. 07=28.81 73-81 Resolution.Awarding Bid No. 5-81 for the Purchase of a New Street Sweeper. 07-28-81 74-81 Resolution Authorizing City Officials to Have Access to Safe " Deposit Box. 08-10-81 75-81 Resolution Urging California State Legislature to Increase Associated Transportation Revenues. 08-10-81 76-81 Deferred Compensation Plan VOIDED 77-81 Resolution Accepting Annual Abatement Charges and Authorizing San Luis Obispo County Auditors to Place Charges on the 1981-82 Tax Rolls. 07-27-81 78-81 Resolution of.the City Council, City of Morro Bay, Dedication of the Wells.Fargo Gamefield. 08-10-81 79-81 Resolution Authorizing the Director of Public Services to 'Submit An Application to the Farm Home Administration for Grant%. Loan Funding for Water System Improvements. 08-10-81 80-81 Resolution Authorizing the Director of Public Services to Submit an Application for Grant/Loan Funds Under the Safe Drinking Water Act: 08-10-81 81-81 Resolution Awarding Bid No. PS-81-215 for Water Works Materials. 08-10-81 82-81 Resolution to Betty Jean Madruga for her Contributions to the City of Morro Bay. 08-24-81 83-81 Resolution of the City Council of the City of Morro Bay Awarding Bid No. PW-81-232 fora 3/4 Ton Four -Wheel Drive•Pickup. 08-24-81 84-81 Resolution Awarding Bid No. PW-81-231.for. Water. Works Material.'` 08-24-81 ( 85-81 Resolution Honoring California Army and Air National Guard. 09-14-81 86-81 Resolution Establishing New_Rates For Ref6se Collection System. 09-14-81 87-81 Resolution Approving A Deferred Compensation Plan for.the Permanent Employees of the City of Morro Bay. 09-14-81 u8-01 Resolution Rejecting Bids on Pick-up Truck for the'Fire Department. 09-14-81 89-81 Resolution Approving Assignment of Lease Sites 17, 17 North, and Mooring_Zone Al-4 from John J. Kirth and Gisela G. Kirth to Morro Bay Marina., 09-14--81 90-81 Resolution Announcing Findings and A'pp`roving an Exi`sting,.Hrgh?.'' School, with Security.Trailer ,in the P.D., Zone �. 09-14-81 .. ,; 91-81 Resolution Establishing Delinquent Charges and Reconnection Fees 09-14-81 Y Y, t TITLE 92-81 Resolution Announcing Findings and Approving a Use Permit "General Plan" for P.D. Property, for an Existing Gift Shop and Aquarium Use, Plus Construction of a Second Story Addition to House an Office and Marine Mammal Distress Station. 09-28-81 93-81 Resolution Relating to the Classification, Compensation, and Terms of Employment of the Fire Fighter Employees of the City of Morro Bay. 09-28-81 94-81 Resolution of the City Council Commending Bonita K. Murray for Her Services Upon Employment Resignation. 09-28-81 95-81 Resolution Approving the City's SB-325 Claim for Fiscal Year 1981-82 09-28-81 96-81 Resolution Urging san Luis Obispo County Board of Super- visors to Adopt a Two Cent Gas Tax Increase 09-28-81 97-81 Resolution Announcing Findings and Approving A Forty -One Unit Motel in a P.D. Zone. Case No. CUP 05-81 09-28-81 98-81 Resolution Commending Angela Grenz for Her Services Upon Employment Resignation 10-12-81 99-81 Resolution approving the Bid for the Construction of the Launch Ramp Floating Docks, Project No. PW77-019-37 and Awarding the Contract for Construction to Associated Pacific Construction Company 10-12-81 100-81 Resolution Announcing Findings and approving a Use Permit (General Plan) for Construction of a Nautical Gift Shop for Property in the P.D. Zone. Case No. CUP 10-81 10-12-81 101-81 Resolution of the City Council awarding Bid No. PW-81-280 for a 1/2 Ton Utility Van. 10-12-81 102-81 Resolution Announcing findings and Denying the Appeal of the Planning Commission Decision on a Tentative Parcel Map and Related Variance Case No. MB-81-128 and Var. 13-81 10-12-81 103-81 Resolution Awarding of Bid to Kaiser Gravel & Sand Pit-9-28-81 104-81 Resolution Authorizing Issuance of Grant Anticipation Notes for Wastewater Treatment Plant outfall construction 10-26-81 105-81 Resolution Commending Eleanore H. Goedeck for her services Upon Retirement 10-26-81 106-81 Resolution Authorizing Purchases of Certain Items for the City by the Purchasing Agent of the County of S.L.O. 10-26-81 107-81 Resolution designating the East side of Laurel Street from the intersection of Cuesta Street to a Point 125 feet south of the Intersection of Cuesta Street as a no parking area. 10-26-81 NO. TITLE 108-81 Resolution Awarding Bid No. PS-81-310 for a 112 Ton Pickup Vehicle 109-81 Resolution to Improve Outfall from•the..City's Wastewater Treatment Plant 110-81 Resolution Designating No -Parking Areas on the South Side of Harbor Street, East of Piney Way 111-81 Resolution Making Applicable the Provisions of Code . of Civil Procedure Section 1094.6 Providing for Judicial Review of Administrative Decisions 112-81 Resolution Approving the Section of Cal Coast Charter, Inc. to Provide Dial -A -Ride Operations , 113-81 Resolution of the City Council establishing rates for mandatory refuse collection 114-81 Resolution of the City Council adopting the Franchise Agreement for Refuse Service 115-81 Resolution of the City of Morro Bay designating the west side of a portion of Laurel Street between the intersection of Cuesta Street and KCA Street as a no parking area 116-81 Resolution of the City of Morro Bay awarding contract for south City "T" Pier Restoration Project Alternate Bid B 117-81 Resolution of the City of Morro Bay awarding contract for construction of the Morro Bay/ Cayucos Wastewater Treatment Plant Improvement Facilities 11u-b1 Resolution of the City Council adopting the Agreement for Dial -A -Ride Transit Services DATE ADOPTED 11-9-81 11-23-81 11-23-81 11-23-81 11-23-81. 12-14-81 12-14-81 12=14-81 12-14-81 12-•L'4-81 —-12-14`81 _—. - _ ___I RESOLUTION NO 5!.118-81 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY ADOPTING THE AGREEMENT FOR DIAL -A -RIDE TRANSIT SERVICES THE C' I T Y- C O U N C I L City of Morro Bay, California BE IT RESOLVED by the City Council of the City of Morro Bay to adopt the agreement between the City of Morro Bay and Cal Coast - Charter, Inc., of Oxnard,'California for Dial -A -Ride Transit Services. BE IT FURTHER RESOLVED that the said agreenent shall'be attached r and marked Exhibit "A" and by reference made a part of this document. PASSED AND ADOPTED by the City Council of�the City"of'Morro Bay. at a regular meeting held thereof on the 14th"- y.�-61,December, , 1981 b_y the following roll call vote:' AYES: Ward, Anderson, Lemons, Deutsch, Mayor Dorn NOES: None ABSENT: None ADOPTED: 12-14-81 WARREN M. DORN, Mavor ATTEST: "U-k OL u, - PAUL BAXTER, City Clerk - . RESOLUTION NO 17-air RESOLUTION OF THE CITY COUNCIL OF THE CITY OF,MORRO BAY AWARDING CONTRACT FOR CONSTRUCTION OF.THE MORRO BAY/CAYUCOS WASTEWATER TREATMENT PLANT IMPROVEMENT FACILITIES OUTFALL CONSTRUCTION S T H_E C I T Y C 0 U N C I L City of Morro Bay, California WHEREAS, the City of Morro may advertised and received'bids- for the construction of the above -referenced project; and WHEREAS the City has a valid grant. offer from the State of California and the United States Environmental Protection Agency for eighty-seven and a half percent (87z%) of the construction cost; and WHEREAS the low responsive bid was submitted by Macco Constructors of Paramount, California in the amount of $1,446,700. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay that the bid submitted by Macco Constructors be approved. BE IT FURTHER RESOLVED that the City Council•hereby awards the contract for construction of the ocean outfall for the Morro Bay/Cayucos Wastewater Treatment Facilities Improvements to Macco Constructors in the amount of $1,446,700 contingent.upon approval by the State of California and the United States Environmental Protection Agency, and further contingent upon completion of all pre -award actions by Macco Constructors in accordance with those actions listed on Page 00100-7 of the contract bid documents. BE IT FURTHER RESOLVED that the City Council hereby authorizes the Director of Public Services to approve change orders recommended by the design engineering firm of Brown and Caldwell, and the construction management services firm employed by the City for construction management of this project, for an aggregate total of ten percent (10%) of the contract price.. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof held the L4th day of December 1981, by the following roll call vote: AYES: Ward, Anderson, Deutsch, NOES: None ABSENT: None ABSTAIN: Lemons ATTEST: Pav-,( PAUL BAXTER,-City`Clerk Mayor Dorn WARREN M. DORN, Mayor SOLUTION NO. 116-81 . RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY AWARDING CONTRACT FOR SOUTH CITY "T" PIER RESTORATION PROJECT ALTERNATE BID B THE_ C I T Y C O U N C I L City of Morro Bay, California WHEREAS, the City of Morro Bay has a grant from the California Coastal Conservancy for the restoration of the South City "T" Pier; and WHEREAS the project was.formally advertised and bids were received; and ,WIiBREAS nine (9) bids were received for the restoration project; and WHEREAS the low'bid was submitted by Conco Engineering, Incorporated, of San Luis Obispo in the amount of $275,393 for Alternate Bid B; and WHEREAS, Conco Engineering is the lowest responsible bidder for the restoration project, NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay that Conco Engineering, Inc. of San Luis Obispo, California, be hereby awarded the contract in the amount of $275,393 for the South City "T" Pier Restoration Project Alternate Bid B in accordance with all plans and specifications for that project. BE IT FURTHER RESOLVED that the City Council hereby authorizes the Mayor and City Clerk to sign all necessary agreements pertaining to this project, and authorizes the Director of Public Services to approve change orders for an aggregate amount of five (58) percent of the contract price. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held thereof on the 14th day of December, 1981, by the following roll call vote: AYES: Ward, Anderson, Lemons, Deutsch, Mayor Dorn NOES: None ABSENThl, None ATTEST. Pagi Ll� oA-U--,, PAUL BAXTER, CITY CLERK RESOLUTION NO. 115-81 RESOLUTION OF THE CITY OF MORRO BAY DESIGNATING THE WEST SIDE OF A PORTION OF LAUREL STREET BETWEEN THE INTERSECTION OF CUESTA STREET AND KOA STREET AS A NO PARKING AREA T H E C I T Y- C 0 U N C I L City of Morro Bay, California C - 4 12/14/81 WHEREAS, the Director of Public Services has determined that vehicles parking on.the west side of Laurel Street, between the intersections of Cuesta Street and Koa Street, are creating a traffic hazard situation; and WHEREAS it is in the best interest of the City to correct this hazardous situation. NOW, THEREFORE, BE IT RESOLVED by the City Council of the.City of Morro Bay that the west side of Laurel Street, between the. intersections of Cuesta Street and Koa Street, are hereby'designated a restricted parking area. BE IT FURTHER RESOLVED that the City Council hereby authorizes the Director of Public Services to place the necessary signs to prohibit parking in this designated area. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held thereof on the 4th day of December 1981 by the following roll call vote: AYES: Ward, Anderson, Lemons, Deutsch, Mayor Dorn NOES: None ABSENT: None WARREN M. DORN, Mayor ATTEST: • PAU I BAXTE R p CY �Cl� k RESCLUTION NO. 114-81 RESOLUTION OF THE •CITY COUNCIL OF THE'CITY OF MORRO}BAY ADOPTING THE FRANCHISE. AGREEMENT FOR REFUSE SERVICES. T H. E C I T Y C 0 U N C. I L City of k±orro Bay, California „ WHEREAS, pursuant to Chapter 8.16 of the Morro Bay Municipal. ` Code, the City Council shall have the authority to establish'a franchise agreement for refuse` services within the City`for•'a'. period not to exceed ten (10).years. BE IT RESOLVED by the City Council of•the City :of'Morro Bay. to adopt the franchise agreement between the Cfty of.morro Bay' • and the Morro Bay•Garbage Company for refuse collection services effective January 1,-1982. BE IT FURTHER RESOLVED that the said franchise agreement shall be attached and marked Exhibit "A" and by'reference made a part of this document. PASSED AND ADOPTED'by the City Council of the City of Morro Bay at a regular meeting held thereof on the 14 day of December , 1981 by the -following roll call vote: AYES: Ward, Anderson, Lemons, Deutsch, Mayor,Dorn . NOES: None. ABSENT: None PAUL BAXTER, City Clerk ..ESOLUTION NO 113-81 k;•" .• ` ,RESOLUTION OF THE. CITY COUNCIL OF THE ;CITY'OF ;•,MORRO 'BAY t ESTABLISHING RATES FOR MANDATORY REFUSE -COLLECTION T N. EC I T Y C O U' N' C I.-L City of Morro Bay, California; WHEREAS, pursuant to Section 8.16.360 of the Morro Bay Municipal Code, the City Council has the authority to establish the rates to be charged for the mandatory collection of refuse-: ' and waste material by a licensed and duly contracted refuse collector; ' NOW, THEREFORE, BE IT RESOLVED by theCity Counc.il'of the- City of Morro.Bay that the rates which are provided in the attached rate schedule marked Exhibit "A" of this document be. hereby established -as those rates which are charged for the refuse collection.services within the City,of-Morro.-Bay; and BE IT FURTHER RESOLVED that -in accord'ance.;with the -Refuse Agreement, the City shall receive three percent (3%) of_receipts,; collected by City for' refuse services to defray`those.costs associated with providing any of the billing and collection' functions for said refuse service. These ac:ounts.are'in addition to the franchise fee provided for in the franchise agreement. PASSED AND ADOPTED by the City Council'of,the City of Morro' Bay at a regular meeting held thereof on the.l4th day of'December, 1981, by the.followirg roll call vote': AYES: Ward, Anderson, Lemons, Deutsch, Mayor.Dorn . NOES: None ABSENT: None WARREN'M. DORN.,•Mayor ATTEST: PA L BAXTE , City Clerk 6 EXHIBIT "A" RATE SCH DULE.FOR REFUSE SERVICES MANDATORY RESIDEbTfIAL RATES: (Hardship Cases Also) 1 Can 2 Cans 3 Cans 4 Cans $3.60 $5.50 $7.25 $8.75. CONVENIENCE RESIDENTIAL RATE: $7.00 $9.50 $12.00 $14.50 SPDCIAL TAG SERVICE SPECIAL 'PIOaT $1.25 per tag $4.00 per yard OMM J C. IAL BIN SERVICE 1 Pickup 2 Pickups 3 Pickups 1 Yd. Bin $14.75 >$23.00 $29.75 2 Yd. Bin 21.50 ;• 38.00 51.50 3 Yd. Bin 28.70 53.00 73.00 OOMERCIAL STANDARD CONTAINER SERVICE 5 Cans $10.25 $17.00 6 Pickups $53.50 94.75 138.00 1 Pickup- 2 Pickups 3 Pickups 6 Pickups 1 Can $ 5.25 $10.56 $15.75 $31.50 2 Cans 7.75 15.50 23.25 46.50 3 Cans 10.50 21.00 31.50 -63.00 4 Cans 12.00, 24.00 36.00 72.00 5 Cans 13.50 27.00 40.50 81.00 BULK RATE BIN'CLEANING REINSTATEMENT $1.75 $10.00 per cleaning $25.00 per bin ROLL -OFF BOX RATES: $40.00 per dump $ 3.00 rent per day Plus dump fee SPECIAL PICKUPS FOR COMERCIAL BINS 1 Yd. Bin $ 6.00 2 Yd. Bin 7.50 3 Yd. Bin 9.00 OVERLOAD ON BINS 1 Yd. Bin $ 5.00 2 Yd. Bin 7.50 3 Yd. Bin 10.00 6 i RESOLUTION NO. 112-81 RESOLUTION OF THE CITY COUNCIL OF THE CITY-OF'MORRO BAY APPROVING THE SELECION OF CAL COAST CHARTER,'INC. TO PROVIDE DIAL -A -RIDE OPERATIONS WHEREAS, the City Council has determined that a Request for Proposal for transit services would generate competitive cost proposals, and thus allow the City of Morro Bay to benefit from the same high-level of transit services at a greatly reduced cost. NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Morro Bay to select Cal Coast Charter, Inc. to provide operational services for the Morro Bay Dial -A -Ride Transit System. PASSED AND ADOPTED by the City Council of the City of Morro„Bay, California, at a regular meeting thereof held this 23rd day of November, 1981, by the following roll call vote: AYES: Ward, Anderson, Lemons, Deutsch, Mayor Dorn NOES: None ABSENT: None WARREN M. DORN, Mayor ATTEST: (Jug` &A�� P UL B XTER, City C rk a r RESOLUTION NO. 1.11=81 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, CALIFORNIA, MAKING APPLICABLE THE PROVISIONS OF CODE OF CIVIL PROCEDURE_ SECTION 1094.6 PROVIDING FOR JUDICIAL REVIEW OF ADMINISTRATIVE DECISIONS T H E C I T Y C 0 U N C I L City of Morro Bay, California WHEREAS, California Code of Civil Procedure Section'1094.6(g) permits the governing body of a local agency to adopt a resolution_ making Code of Civil Procedure Section 1094.6 applicable to such local agency; and WHEREAS, the Morro Bay City Council finds and determines that such will provide an orderly and reasonable procedure for the review of _such administrative decisions; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Morro Bay, California, does hereby adopt and make applicable the provisions of Section 1094.6 of the California Code of Civil Procedure. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof held this 23rd day of November, 1981, by the following roll call vote: AYES: NOES: ABSENT: ATTEST: Ward, Anderson, Lemons, Deutsch, Mayor Dorn None None PEGG U HANAN, Deputy City Clerk z/ Gltl WARREN M. DORN, Mayor a 1" A RESOLUTION NO. 110-81 RESOLUTION OF THE CITY COUNCIL OF'THEf'CITY OF:MORRO BAY DESIGNATING NO -PARKING AREAS ON THE SOUTH SIDE OF HARBOR STREETS, EAST OF PINEY WAY WHEREAS, a No -Parking area is required to provide adequate ingress and egress to the Morro Bay Fire.'Station, and WHEREAS, additional.No-Parking areas are.required to provide for a bus stop facility, NOW, THEREFORE BE IT RESOLVED by the City Council of.. the City of Morro Bay, that the areas on the south side of Harbor Street from the intersection of Piney Way to a point 120 feet east of said'intersection of Piney Way to a point 240 `feet.eas,t of the intersection of Piney Way be hereby designated "NO -PARKING" areas. PASSED AND ADOPTED this 23rd day of November , •,'1981, by the following'roll call Vote'of the City Council of the City. of Morro Bay: AYES: Ward, Anderson, Lemons, Deutsch, Mayor Dorn NOES: None ABSENT: None WARREN M. DORN, Mayor ATTEST: P13 Lj CITY CLERK a 6 RESOLUTION NO. 109-81 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY TO IMPROVE THE EXISTING OUTFALL FROM THE CITY,'S WASTEWATER TREATMENT PLANT. WHEREAS, the City of Morro Bay, in order to comply with State and Federal laws, wishes to improve the existing outfall from the City's Wastewater Treatment Plant, and WHEREAS, the City has applied to the Environmental Protection Agency for grant funding as provided for in.the Federal Water Pollution Control Act of 1972, as amended, and after study, the City has chosen to use an anchoring method using Danforth anchors and ships anchor chain which assumes that sand movemehtl4ill:•bury the outfall pipe in about three years, eliminating the need for armor=rock, and is less expensive and, for the outfall's location, probably more reliable than traditional armor -rock methods, and WHEREAS, the City has applied for appropriate permits to accomplish the outfall construction, and the California Department of Fish and Game has responded to a tentative permit (Public Notice 81-2-PC) circulated for review by the U.S. Army Corps of Engineers, and the Department expressed concerns about possible fouling of commercial fishing gear on the anchoring system and concerns about damages to living natural resources that may be caused by breakage of the pipe, before burial is accomplished, which may result from storm damage or from ocean-going ships' anchors dragging over the outfall pipe, and WHEREAS, the Department of Fish and Game has requested that the permit issued by the Corps of Engineers contain a condition requiring the City to indemnify the Department for losses of commercial fish species and other living natural resources; this indemnity being in addition to and not in lieu of other remedies available, and WHEREAS, the Department's request is similar to a request for a performance bond and the City recognizes the Department's concern as a remote possibility but nevertheless a valid concern, NOW, THEREFORE, BE IT.RESOLVED the City of Morro Bay will compensate the California Department of Fish and Game for losses of commercial fisheries and other living natural resources that may result from the accidental breaching of the City's outfall pipe, and let it be FURTHER RESOLVED the amount of indemnity shall be for an amount not to exceed $2500.00 per day for each day the:.incident occurs and shall be for a period not to exceed two weeks per incident, and let it be FURTHER RESOLVED the indemnity funds shall be used by the Department of Fish and Game to study and remedy problems associated with the City's outfall, and let it be FURTHER RESOLVED this resolution shall remain in effect until the outfall pipe shall remain buried for a period of three consecutive years or for five, years, whichever shall take longest to occur. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held thereof on the 23rd day of November, 1981, by the following roll call vote: AYES: Ward, Anderson,. Lemons, Deutsch, Mayor Dorn NOES: 'None ABSENT: None -WARREN M. DORN, MAYOR ATTEST: PA BAXTER, City Clerk I REALUTION NO. 108-81 a RESOLUTION OF, THE CITY' COUNCIL ,OF -THE-; CITY OF MORRO`B'FY A9dARDING BID NO. PSr81-310'.} FOR A 1/2 TON PICKUP VEHICLE Be it resolved by -the City Council.of the, City. of. Morro Bay to award Bid No. PS-81-310 for a 1982 GMC 1/2 `Ton Pickuo Vehicle to Rancho Grande Motors, Inc. in the amount of $8236.45. On motion by Mayor Dorn and seconded by Councilman Anderson the Morro Bay City Council hereby adopts the foregoing,pro posed resolution in its entirety on the following roll call vote: AYES: NOES: ABSENT: ADOPTED: ATTEST: Anderson, Deutsch, Dorn, Lemons, Ward. None None November 9, 1981 PAUL BAXTER, City Clerk WARREN M. DORN, Mayor RESOLUTION NO. 107-81 RESOLUTION OF. THE CITY COUNCIL OF THE CITY OF MORRO BAY DESIGNATING THE EAST SIDE OF.L'AUREL STREET FROM THE INTERSECTION OF CUESTA STREET TO A POINT.125 FEET SOUTH OF THE INTERSECTION OF CUESTA STREET AS A NO PARKING AREA T H E C I T Y C O U N C I L City of Morro Bay, California WHEREAS, the Director of Public Services has established that an extreme traffic hazard exists; and WHEREAS said traffic hazard is caused by parked vehicles on the east side of Laurel Street, from the intersection of Laurel Street and Cuesta Street to a point 125 feet south of said inter- section; and WHEREAS said traffic hazard can be eliminated by restricting of parking in said area.; NOW, THEREFORE BE IT RESOLVED that the'Ci.ty Council of the City of Morro Bay hereby prohibits parking in that designated area. PASSED AND ADOPTED by the 6ity Council.`of 'the Cityo;of Morro Bay at a regular meeting held thereof on the' 261th day of October , 1981 by the following roll call vote: AYES: Anderson, Deutsch, Dorn, Lemons, Ward NOES: None ABSENT: None ` 4 WARREN M. DORN, Mayor ATTEST: PTUL BAXTER, Lity Glerk 6 i RESOLUTION NO.106-81 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY AUTHORIZING PURCHASES OF CERTAIN ITEMS FOR THE CITY BY THE PURCHASING AGENT OF THE COUNTY OF SAN LUIS OBISPO WHEREAS, it is permissible under Sections 51301, et seq., of the Government Code of the State of California to contract with the County to perform certain functions for the City; and WHEREAS, it appears that it is possible to acquire certain items consistent with the City's purchasing system at a substantially lower cost by having them purchased by the.County; and WHEREAS, it is, therefore, the desire of the City Council to contract with the County for the County Purchasing Agent to purchase certain items for the City under the conditions hereinafter set forth. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay that the City of Morro Bay hereby agrees with the County of San Luis Obispo that the Purchasing Agent for the County shall purchase for the City items required by the City regularly purchased by the County as may be designated from time to time. BE IT FURTHER RESOLVED that, said agreement shall commence on the 26th of October 1981, and shall continue until 30 days after either party gives written notice of termination to the other party, on which date the contract shall come to an end not to exceed five years. PASSED AND ADOPTED by the City Council of the City of Morro Bay on the 26th day of October 1981, by the following vote: AYES: Anderson, Deutsch, Dorn, Lemons, Ward NOES: None ABSENT: None I / 4 i WARREN M. DORN, Mayor ATTEST: PAUL BAXTER., City.Clerk RESOLUTION NO.105-81 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY COMMIENDING ELEANORE H. GOEDECK FOR HER SERVICES UPON RETIREMENT THE C I T Y COUNCIL City of Morro Bay, California WHEREAS, Eleanore Goedeck has been employed by the City of Morro Bay since July 12, 1971, serving admirably in many capacities in the finance and accounting areas; and WHEREAS, among other duties, Eleanore has had full charge of payroll preparation, harbor billings and cash receipts, which are some of the most important tasks of the accounting staff, and WHEREAS, Mrs. Goedeck has provided stability, reliability, and good humor at City Hall over the years through changing administrations and staff, including serving as City Treasurer for a period of time; and WHEREAS, Eleanore.will be retiring from City service as of November 13, 1981; NOW, THEREFORE, BE IT RESOLVED that the Morro Bay Council does hereby commend and extend a unanimous vote of apprciation to Eleanore H. Goedeck for her exemplary services as a City employee, and wishes her all the best in the future. PASSED AND ADOPTED BY THE City Council of the City of Morro Bay, California, at a regular meeting thereof on the 26th day of October, 1981 by the following roll call vote: AYES: Anderson, Deutsch, Dorn, Lemons, Ward NOES: None ABSENT: None .U' �z, /!J zd, . J2 HERMINIA WARD, Councilwoman WARREN M. DORN, µ— ATTE o_L-- 6ujPAUL BAXTER, City Clerk RESOLUTION NO. 104-81 RESOLUTION AUTHORIZING ISSUANCE OF GRANT ANTICIPATION NOTES FOR WASTEWATER TREATMENT PLANT OUTFALL CONSTRUCTION. T H E C I T Y C O U N C I L City of Morro Bay, California WHEREAS, the City has obtained grant committments in the amount of $1,663,500 from the United States Environmental Protection Agency and $277,250 from the State Water Resources Control Board for construction of wastewater ocean disposal facilities; and WHEREAS, California Government Code Section 53859 allows a city to issue grant anticipation notes totaling not more than 95 percent of the committed grant funds; and WHEREAS, Security Pacific National Bank has offerred to lend the City funds for a period of up to six months for the purpose of ocean outfall construction, NOW, THEREFORE, BE IT RESOLVED THAT: (1) The City Treasurer is authorized to issue and sign a grant anticipation note or notes totaling not more than $1,663,500., for periods not to exceed six months, carrying interest rates not to,exceed 10% per annum. (2) The terms and conditions offerred by the Security Pacific National Bank in its letter of September 28, 1981 are hereby accepted. (3) The City Treasurer is authorized to make such arrangements and incur such additional costs as are necessary to obtain this financing, including paying the $6,000 processing fee and costs of bond counsel opinion, from funds appropriated for wastewater treatment plant construction. Resolution No.104-81 4 Authorizing Grant Anticipation Notes Page 2 (4) All amounts received from these grant anticipation. notes are hereby appropriated and obligated for the purposes of engineering, administration, and construction costs related,to the ocean outfall disposal project. i (S) Grant funds received for these purposes are hereby pledged for repayment of the grant anticipation notes and interest thereon, and any unpaid balance not paid with grant funds shall be paid with any other funds legally available for that purpose. PASSED AND ADOPTED BY the City Council of the City of Morro Bay, California, at a regular meeting thereof on the 26th day of October, 1981, by the following roll call vote: AYES: Anderson, Deutsch, Dorn, Lemons and Ward NOES: None ABSENT: None - -;Paj,� ;C�, A�� WARREN M. DORN, Mayor ATTEST: PAUL BAXTER, City Clerk 0 RESOLUTION NO.103-81 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY AWARDING BID NO. PS-81-267 FOR THE ASPHALT SUPPLY FOR THE CITY MAINTENANCE OVERLAY PROJECT. THE CITY COUNCIL City of Morro Bay, California BE IT RESOLVED by_the City Council of the City of Morro Bay to award Bid No. PS-81-267 for the Asphalt Supply Contract for the Maintenance Overlay Project to Kaiser Sand and Gravel Company in the amount of $25.08 per ton delivered. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held thereof on the28th' day of September , 1981 by the following roll call vote: AYES: Anderson, Deutsch, Dorn, Lemons, Ward NOES: None ABSENT:None WARREN M. DORN, Mayor ATTEST: PaJ PAUL BAXTER, ty Clerk A-! RESOLUTION NO.102-81' RESOLUTION ANNOUNCING FINDINGS AND DENYING THE APPEAL.OF THE PLANNING COMMISSION DECISION ON A TENTATIVE PARCEL MAP AND RELATED VARIANCE CASE NO. MB 81-128 AND VAR. 13-81 T H E C I T Y C O U N C I L City of Morro•Bay, California !i• WHEREAS, the Planning Commission of the City of Morro Bay, has conducted a PUBLIC HEARING on August 3,;198l,,to consider the request of JON HALAS for approval of a Tentative'ParcellMap-and related.Viriance from setback requirements for property in the R-3 Zone, located at 270,'290 and 292 Olvie Street, more particular ly.'described- as:, APN 66-211-15 n �t: •t Portions of Lots 1, 2, 6, 7 Block L Cerrito Addition WHEREAS, the Planning Commission did deny said.request and'the applicant has appealed this decision to the City Council.-. WHEREAS, at a duly noticed City Council PUBLIC HEARING held on the 24th day of August, and CONTINUED PUBLIC HEARING onibthe 28th day of September, 1981, after considering the arguments,of all persons, if any, wishing to testify, the City Council did find the following facts and reasons to justify the denial of the appeal: VARIANCE 1. That the Variance requested will constitute a grant of special privelege inconsistent with the limitation upon other vacant properties in the vicinity in the R-3 Zone in which the subject property is situated. 2. That there are no special circumstances applicable to the subject property, the strict application of the Zoning Ordinance is not found to deprive the subject.property of privileges enjoyed by.other properties in the vicinity under identical R-3 classification. TENTATIVE PARCEL MAP 1. That the proposed Subdivision is not consistent with the Morro Bay' General Plan and Zoning Ordinance. 2. That the site is not physically suitable for the type of subdivision of the parcel proposed. 3. That the design of the Subdivision and type of improvements is not likely to cause public health problems. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Morro Bay, as follows: City Council Resolution No. 1. That the above recitations are true and correct and constitute the finding of the Council in this matter; and, 2. That the Council does hereby deny the appeal of the.Planning Commission decision in connection with Case No. MB 81-128 and VAR. 12-81. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof held the 12th day of 1981, by the following roll callCwote: AYES: Dorn, Deutsch, Ward NOES: Anderson, Lemon ABSENT: None IgARREN M. DORN, Mayor ATTEST: PAUL BAXTER, City Clerk � 1. `•. .i ti� 1 ,V �1 ' RESOLiUTIOtJNO-1101-81 RESOLUTION OF THE CITY COUNCIL OF -THE CITY OF MORRO BAY AWARDING BID NO. PW-81-'280. . FOP.:A 1/2 TON UTILITY VAN T H E C I T Y. C O U N C I L City of Morro Bay, California BE IT RESOLVED by.the City Council'of the City of P-iorro Bay to award Bid No. P14-81-280 for a 1982 1/2 Ton Chevrolet Utility Van to Christianson Chevrolet in the amount of $8,609.28; and BE IT.FURTHER RESOLVED that the 1958 Dodge Custodial Van, City Vehicle Inventory Number 0005, be declared surplus property for trade-in purposes. PASSED AND ADOPTED by the City Council of the•City df Morro Bay at a regular meetina.:held thereof on the,12 day of -October 1981 by the following roll call vote: AYES: Anderson, Deutsch, Dorn, Lemons, Ward NOES: None ABSENT: None WARREN. N, DORN, M a v o r '.I b�.A PALL BAXTER,.City. Clerk 1 1 RESOLUTION NO 100'-81 RESOLUTION ANNOUNCING FINDINGS AND APPROVING A USE PERMIT (GENERAL -PLAN) FOR CONSTRUCTION OF A, NAUTICAL GIFT SHOP FOR PROPERTY IN THE•P.:D. (PLANNED DEVELOPMENT) ZONE CASE'NO: CUPJ O-=81 THE"CITY COUNCIL City of hiorro,Bay, California WHEREAS, the Planning Commission of the City of Morro Bay, has .held a PUBLIC HEARING on September 8, 1981, to consider their action and recommendation to the City Council on the request of LARRY and PATRICIA DEGARIMORE. for a Use Permit•(General'Plan) for construction of a nautical gift shop -for property in the P. D. (Planned Development) Zone, located at 560 Embarcadero; more particularly described as: APN 66-131-18 Parcel '3 of MB 78-198 WHEREAS, said project has complied with the.City of Morro Bay objectives, criteria and procedures for implementation of the California Environmental -Quality Act in that a Negative Declaration has been prepared and accepted by the City Council. WHEREAS, at a duly noticed City Council PUBLIC HEARING held on the 28th day of .- September, 1981, after considering the arguments of all persons, if any, wishing -to testify, the City Council did find the following facts and reasons,to justify the granting of said Use Permit: 1. The use requested is properly one for the intended zone district, and is consistent with the objectives of the City of Morro Bay General Plan;" 2. The establishment, maintenance, or operation of the requested use will not,.under, the circumstances of this particular case, be detrimental to the health; safety,,. morals, comfort and general welfare of the persons 'residing or working in the neighborhood of this proposed use; and, ^ 3. The use requested will not be injurious or detrimental to property and improvements in the neighborhood or the general•welfare of the City. NOW, THEREFORE, BE IT.RESOLVED, by the City Council of the City of Morro Bay, as follows: 1. That the above recitations are.trueNand correct and constitute -the fihding;'of the Council in this matter; and,-" 2. • That the Council does hereby grant -.approval .of, Condit:idnal`iUse Permit<No. 10-81, subject to the conditions attached hereto labeled "Exhibit A PASSED AND ADOPTED by the City Council_of=the City "of %lorro Bay..a t'.a'regular meeting thereof held the(l2th day of'-06_to6er ,.l981`, by the'following'roll°call vote: AYES: Anderson, Deutsch, Dorn, Lemons, Ward NOES: (lone ABSENT: None WARREN M. DORN, Mayor ATTEST:t-� r PAUL BAXTER, City Cler City Council Resolution No. Page Two CONDITIONS OF APPROVAL CASE N0: CUP 10=81 1. The Use Permit (General Plan, P.D. Zone) is granted for the land described in the application and any attachments thereto, and as shown on conceptual develop- ment plan exhibits on file in the Community Development Department,except as otherwise provided herein. 2. Unless a Specific Plan (within the meaning of Municipal Code Section'17.360.050) is submitted within one.(1) year of the effective date of General Plan approval by the City Council, the "General Plan" approval.shall become void and null and of no effect. 3. The exhibits submitted for a Specific Plan shall restudy the site and architectural, design to: . a) Provide parkiha,.lot landscaping in accordance with 'Municipal Code.Chapter 17.44. . b) Provide minimum three (3) foot high masonary wall along the south property line from the rear of the building to the toe of the bluff. c) Relocate curb opening and onsite'driveway to provide one foot of,full height curb between the driveway and the adjacent parcel to the north (with a 3 ft:, driveway apron transition resulting in a 4 ft. distance from property line to a fully depressed curb opening). Driveway width'to be approved by the Fire Chief. d) Eliminate 30 inch parapet wall along south�building.wall. 4. That the "General Plan" approval is based on an.approximat e 1,500 square foot building, 22 ft. 6 inches high, with the approximate'floor area breakdown and uses as listed: * First Floor - 1,435 square feet -Nautical Gift Shop Restrooms and storage (192 sq.ft.) -Marine Museum (100 sq.ft.) * Second Floor - 164 square feet -Office for gift shop business �RES'OLUTION,.N0.99-81- RESOLUTION APPROVING THE BID FOR THE CONSTRUCTION OF THE LAUNCH' RAMP RLOAT:ING ' DOCKS', PROJECT N0. PW77-019-3'7:'AND AWARDING THE CONTRACT, FOR CONSTRUCTION TO ASSOCIATED PACIFIC.,,CONSTRUC:TI,ON,CO�IPA,NY i. T H E C I T Y C O U N C'I L City of Morro Bay, California WHEREAS, the Public Services Department has publicly adver- tised for bids for.the construction of a launch ramp floating dock; and WHEREAS this project had been approved by the City Council and funds appropriated for said construction; and WHEREAS the'low bid received from Associated Pacific Construction Company in the amount of.$67,100.00'is the' lowest, responsible bid; and WHEREAS said 'bid represents a fair and equitable price for doing the prescribed work in accordance with .the plans and speci- fications; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of V'.orro Bay hereby.approves Bid No. PW77-019-37 and hereby awards said contract to Associated Pacific Construction Company in the amount of $67,100.00. PASSED AND ADOPTED by the City Council of .the City of Morro Bay at a regular meeting held thereof on the 12th day.of October' 1981 by the following roll call vote: AYES: Anderson, Deutsch, Dorn, Lemons, Ward "NOES: None ABSENT: None WARREN M. DORN, Mayor ATTEST: PAL;L''BAXTER, City Clerk RESOLUTION NO.98-81 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY COMMENDING ANGELA GRENZ FOR HER SERVICES UPON EMPLOYMENT RESIGNATION THE CITY COUNCIL City of Morro Bay, California WHEREAS, Angela Grenz has been employed by the City of Morro Bay since September 17, 1979, ably serving as the City's Environmental Engineer and.in this :capacity Angela has devoted many long and difficult hours on behalf of the City in lending technical assistance and work to both the Community Development and Public Services Departments; and WHEREAS, Angela was primarily responsible to further the City's quest to better manage our water resources.in locating financial and technical assistance for the City and as an end result of Angela's efforts the City has developed a' preliminary Water Management Plan, has applied to the Coastal Commission for relief from the water moratorium, has submitted applications to the State for financial assistance in making certain capital improvements; and WHEREAS, it will. be difficult for the City to replace such a dedicated and valued employee when she departs October 23, 1981; NOW, THEREFORE, BE IT RESOLVED THAT the Morro Bay City Council. does hereby publicly commend and extend a unanimous vote of appreciation to Angela Grenz; and BE IT FURTHER RESOLVED that the Morro Bay City Council wishes.Angela well at her new position with the Regional Quality Control Board. PASSED AND ADOPTED by the City Council of the City of Morro Bay, California at a regular meeting thereof on the 12th of October, 1981, by the following roll call vote: AYES: Anderson, Deutsch, Dorn, Lemons, Ward NOES: None ABSENT: None WARREN M. DORN, MAYOR ,�ODG 1/./ANUEKSUN, Councilman DOROTHA DEUTSCH, Councilwoman ERMINIA WARD, Councilwoman ATPLST- ( .. PAUL BAXTER, City Clerk RESOLUTION NO. 97-81 RESOLUTION ANNOUNCING FINDINGS AND APPROVING A FORTY -'ONE UNIT MOTEL:IN_A P. D. ZONE CASE NO: CUP 05=81 T H E- C I T Y C O O N C•I L: City of Morro Bay; California WHEREAS, the Planning Commission of the City of Morro Bay, has held PUBLIC . ' HEARINGS on June 1, July 6, and August 3, 1981, to consider their action and recommendation . to the City Council on the request of HAROLD BIAGGINI for a Use Permit to allow a forty-one (41) unit motel in the P. D. Zone, lcoated at 450 to 496 Embarcadero;' more particularly described as: APN' 66-132-14 R.S. 4/10 Ptn. lying south Block 7, Town of Morro•Bay WHEREAS, said project has complied with the City of Morro Bay objectives, criteria and procedures for implementation of the California Environmental Quality Act in that a Negative Declaration has been prepared and accepted by the. City Council.' WHEREAS, at a duly noticed City Council PUBLIC HEARING held on.the 28th day of September, 1981, after considering the arguments of all persons, if any, wishing to testify, the City Council did find the following facts and reasons .to justify the granting of said . Use Permit: 1. The use requested is properly one for the intended zone district, and is consistent' with the objectives of the City.of. Morro Bay General Plan; 2. The establishment, maintenance, or operation of the requested use will not, under the circumstances of this particular case, be ;detrimental to the health, safety,, morals, comfort and general welfare of -the persons residing or working in the neighborhood of this proposed use; and, 3. The use requested will not be injurious or detrimental to property and improvements in the neighborhood or the general welfare of the City., NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City.of Morro Bay, as follows: 1: T 1., That the above recitations are.true and correct and dons' titutelthe.find'ina of the Council in this matter; and, 2. That the Council does hereby grant; approval; of Conditional Use, Permit No:" 05-81, subject to the conditions attached hereto labeled "Exhibit A". � r PASSED AND ADOPTED by the City Council of the City `of Morro Bay at'ayregular meeting thereof held the 28th day of September, 1981, by the following rollcall vote: AYES: Lemons; Anderson,'!�1arda6d?layor•Do'rn NOES: Deutsch. ABSENT: None �,/ %� WARREN Pi. DORN,Mayor ATTEST: PAUL BAXTER,'City Clerk CITY COUNCIL Resolution No. •Page'Two CONDITIONS OF APPROVAL CASE NO. CUP 05=81 The Use Permit (General Plan, P.D. Zone) is granted for the land descritied"in the application and any attachments thereto, and as shown on conceptual develop 4nent plan exhibits on file in the Community Development.Department, except ;as otherwise provided herein. _ The. exhibits submitted. for a Specific Plan shall restudy the site design to: a) Provide the.'number_of parking spaces required by Section 17.44.20 of the .Municipal_ Code. lb) ..Provide handicap spaces at the rate required at the time of development. c),=Provide for screening from public view of any trash collection area and for: reasonable access for trash pickup without adverse effect on traffic ;-movement. -In.addition to other application requirements, the developer shall submit with. the Specific Plan: 1 2 3 a)•.An engineering'surve'y showing feasibility of sewage disposal to the existing Morro Bay system and outlining mitigating measures Af it is found that the '41-unit motel will overload the existing facilities. - b) 'An engineeringsurvey to determine if adequate water,_is available in the existing delivery and storage systems to adequately provide for this development. . c)..-A storm drainage system plan including the sunken garage area as well as adjacent land areas, designed by_a. registered civil engineer who shall consider not only on -site storm drainage disposal, but also the downstream effect of the discharge of that storm drain water. The plan shall also provide for mitigating measures to any problems created by.the.discharge of additionalstorm waters from this project site. d) A -grading and drainage plan prepared by a registered civil engineer. 4. The Specific Plan shall, further, anticipate the ;following requirements: a). b) : c) d)' e) f) g) Installation of curb, gutter and sidewalk along the full property.frontage, �in accordance with Standard Plans and Specifications of the City of Morro Bay, as approved by the City Engineer. Full protection of the building with automatic fire sprinklers and smoke alarms. Building protection by a supervised fire alarm system as approved by the City." n,. Fire Department.. _ - Minimum driveway apron width as required by .the Fire Chief. A~," Public pedestrian access through the site from Anchor Street to the Embarcadero. Roof top must be kept clear of projections such as ducts, equipment, roof furniture, signs and planting; only emergency night.lighting would be - acceptable and the roof surface should not be reflective or glaring. Minimize the clear height of parking area: to seven (7) feet or as required -by the Fire Chief,. with the intent to lower the building height to twenty-five (25) feet above the sidewalk. RESOLUTION NO. 96-81 Resolution Urging San Luis Obispo County Board of Superviors to Adopt a Two Cent Gas Tax Increase THE CITY COUNCIL City of Morro Bay, California WHEREAS, the California State Legislature adopted SB 215 (Foran) which would allow for a two cent per gallon increase for the current tax on gasoline; and WHEREAS, Governor Brown signed the bill on September 17, 1981; and WHEREAS, funds raised from this proposed tax increase will be made available for direct assistance for city and county streets and roads; and WHEREAS, there is a dire need throughout California for funds to support and maintain existing streets and roads since local government has had to subsidize this activity from their general fund; and WHEREAS, the County of San Luis Obispo and cities therein can only benefit from the proposed gas tax if the County Board of Supervisors adopts a resolution calling for the implementation of the two cent increase. NOW, THEREFORE, BE IT RESOLVED that the Morro.Bay.City Council requests, that the San Luis Obispo County Board of Supervisors implement the two cent increase in gasoline tax by adoption of a resolution. PASSED AND ADOPTED by the City Council of the'.City of Morro Bay at a ..:_ regular meeting held thereof on the 28th day of September, 1981 by the following roll call vote: AYES: Councilmen Anderson, Deutsch, Dorn, Lemons and Ward NOES: None ABSENT: None WARREN M. DORN, Mayor ATTEST: PAUL BAXTER, City Clerk RESOLUTUION NO. 95-8i RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY APPROVING THE CITY'S SB-325 CLAIM FOR FISCAL YEAR 1981-82 T H E C I TY C O U N C I L City of Morro Bay, California WHEREAS, pursuant to the Transportation Development Act of 1971, revenues derived from 1/4t of the 6t retail sales tax collected statewide are'reappor- tioned to local governments, and WHEREAS, pursuant to the Act, those funds shall be used for transportation purposes, and WHEREAS, the City of Morro Bay's apportionment of SB-325 Funds for Fiscal Year 81-82 is $137,022, and WHEREAS, the City intends to use its share of SB-325 Funds for those opera- tional expenses associated with the Morro Bay Dial -A -Ride, (JPA) North Coastal and (JPA) Regional Handicapped Transit Systems. THEREFORE, be it resolved that the City Council of the City of'Morro Bay authorizes the City's SB-352 Claim for FY 81-82 and that the City Council directs Staff to proceed with the submitting of the claim documents BE IT FURTHER RESOLVED, that the City Administrator is hereby authorized and directed to sign claim documents and that the said claim be submitted to the San Luis Obispo Area Council of Governments. PASSED.AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held thereof on this 28th day of September 1981. by the following roll call vote: AYES: Anderson, Deutsch, Dorn, Lemons, Ward NOES: None ABSENT: None ATTEST: ,a O._0_� PA L B X.TER, U CIJY CLERK, RESOLUTION 'r O. w-EI 6 A RESOLUTION OF THE CITY COUNCIL. OF THE CITY OF "ORRC BAY COMMENDING BONITA K. MURRAY FOR HER SERVICES UPON EMPLOYMENT RESIGNATION THE C I T 7 COUNCIL City of Morro Bay, California 'APEREAS, Bonita Kay Murray has been employed by the City of Morro Bay since June 9, 1980, serving ad7irabiy as the Administrative Secretary/Deputy City Clerk for 15r1,L months; and rHEREAS, Miss :Murray has epitomized the ideal of an extremely competent and poised ,professional, while simultaneously lending charm and cheerfulness to the Office of the City Administrator; and ',CIEREAS, Bonita was given full charge of the June 2, 1981, Special City Election and conducted herself and the eTection in a most outstanding and conscientious manner:` and WHEREAS, Miss Murray's skills as a dedicated and confidentiai secretary to the City Council and City Administrator combined efficiency 'aith effectiveness while perfcr- 'n? ian-, work hOUrs above t!,e Call of duty or r._T^rous eccas`n and WHEREAS, on September 10, 1981, Bonita Murray submitted her resignation from City of i'ior ro Say to be of cctive Seplei.ber NOW, THEREFORE, BE IT RESOLVED that the Morro Bay City Council does hereby publicly commend and extend a unanimous vote of appreication to Bonita Kay hurray for her exeTplary services as a City employee; and BE IT FURTHER RESOLVED that the Morro Bay City Council, on behalf of the community and City staff, wants Bonita to know she will be sorely missed and t-:ishes her every ounce of success and happiness she so richly deserves. PASSED AND ACOPTED by the City Council of the City of Morro Bay, California, at regular meeting thereof on the 2Sth of September, 1981, by the follcxing roll tali vote: AYES_ Anderson, Oeutsch, Corn, e ons, '.,lard NOES: Plcne ABSENT: `lone '.BARREN Af. CORN: mayor J7 0. LEMONS, Mayor Pro Tempore DORO;�A DEUTSCV, ouncI1W. man H RMINIA WARD, Cound twoman_AOOERSOPI, COUnCi mart ATTEST: PAUL, BAXTER,CityClerk +' .0 RESOLUTION NO. 93-81 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, CALIFORNIA, RELATING TO THE CLASSIFICATION, COMPENSATION, AND TERMS OF EMPLOYMENT OF THE FIRE FIGHTER EMPLOYEES OF " THE CITY OF MORRO BAY..; T H E C I T Y C 0 U'N C I L City of Morro Bay, California WHEREAS, in accordance with the provisions of the California Government Code Sections 3500 et.seq. and Resolution No. 74-69.of, the- City. of Morro Bay, the City's managemen�esentatives'and representatives from Loc61:1855, I.A.F.F. first met on May 6, 1981,'for purposes of conferring in good-faith'on subjects pertaining to wages, benefits, and conditions of employment for firefighter employees of the City; and WHEREAS, on June 10, 1981, a verbal Declaration of Impasse was issued by Local 1855, I.A.F.F. followed by a written confirmation to..the`City;on June 15, 1981'; and - WHEREAS, two and one-half (2-1/2),days of scheduled meetings were set aside on July 15, 16, and 17, 1981, between both parties in efforts to review and resolve disputed issues; and WHEREAS, said meetings lasted only a fraction of the first day (July 15, 1981), resulting in a final recommendation by both parties to City Council to utilize the services of the State Conciliation Service for purposes of reaching a mutually - agreeable contract; and WHEREAS, on August 17, 1981,. representatives from both parties met with a member of the State Conciliation Service and agreed that the Union representative would discuss the specifics of a potential 2-year 17.5% contract with the remainder of the Local 1855 Union members; and . WHEREAS, on August 24, 1981, Local 1855, I.A.F.F. informed the City in writing that they desire a City Council hearing on September 8, 1981, for purposes of allowing Union input on these issues to the members of the City Council; and. WHEREAS, on August 24 and September 14, 1981., 'the fire fighters and community. were allowed opportunity to provide input on these issues to the Morro -Bay City Council; and WHEREAS, on September 14, 1981, the Morro Bay City Council determined that reasonable alternatives to good -faith negotiations with Local 1855; I.A.F.F: had been exhausted, and offered the two-year package of'17.5% to the Morro Bay Fire Fighters to be ratified by.September 18, 1981 at 5:00 p.m., or the City Council would unilaterally implement a one-year package of 6.5%; and Resolution No.93-81 Page 2. WHEREAS, on September 18, 1981, the Morro Bay Fire Fighters' notified the City in writing that they prefer the two-year contract of a 17.5% increase overall; NOW, THEREFORE, BE IT RESOLVED that the Morro -Bay City Council does._hereby approve and adopt in'full the Memorandum of Understanding as attached -and made a part of this resolution herewith.. - PASSED AND ADOPTED by the City Council of the City of Morro Bay"at a regular meeting thereof held this 28th day of September, 1981', by the following roll call•vote: AYES: Anderson; Deutsch, Dorn, Lemons, Ward NOES: None ABSENT:None - J08N D. LEMONS, MAYOR.PRO TEMPORE ATTEST: PAUL BAXT R, 'City Cle k RESOLUTION NO. 92-81 RESOLUTION ANNOUNCING FINDINGS AND APPROVING A USE.PERMIT "GENERAL PLAN" FOR P.D. PROPERTY, FOR AN EXISTING GIFT SHOP AND AQUARIUM USE, PLUS -CONSTRUCTION OF A SECOND STORY ADDITION TO HOUSE AN OFFICE AND MARINE MAMMAL DISTRESS STATION ' CASE NO. CUP 11-81 THE CITY COUNCIL City of Morro Bay, California WHEREAS, the Planning Commission of the City -of Morro Bay, has held a PUBLIC HEARING on the 8th day of September, 1981, to consider their action and recommendation to the City Council on the request of DEAN and BERTHA TYLER for a Use Permit (General Plan) for property located in the P. D. (Planned Development) Zone, for an existing gift shop and aquarium use, plus construction of a second story addition to house an office and marine mammal distress station, generally located on the southwest corner of Embarcadero Road and Marina Street, at 595 Embarcadero; more particularly described as: Lease Site 13 WHEREAS, said project.has complied with the City of Morro Bay objectives, criteria and procedures for implementation of the California Environmental Quality Act in that a Negative Declaration has been prepared and accepted by the City Council. WHEREAS, at a duly noticed City Council PUBLIC HEARING held on the 28th day of September, 1981, after considering the arguments of all persons, if any, wishing to testify, the City Council did find the following facts and reasons to justify the granting of said Use Permit: 1. The use requested is properly one for the intended zone district, and is consistent with the objectives of the City of Morro Bay General Plan; 2. The establishment, maintenance, or operation of the requested use will not, under the circumstances of this particular case, be detrimental to the health, safety, morals, comfort and general welfare of the persons residing or 'working in the neighborhood or the general welfare of the City. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Morro Bay, as follows: That the above recitations are true and correct and constitute the finding of the Council in this matter; and, 2. That the Council does hereby grant approval of Conditional Use Permit No. 11-81, subject to the conditions attached hereto labeled "Exhibit A". PASSED AND ADOPTED by the City Council of the City of "lorro Bay.at a regular meeting thereof held the 28th day of September, 1981, by the following roll call vote: AYES: Anderson, NOES: None ABSENT: None Deutsch, Dorn, Lemons, Ward ATTESTPAUL . R,, City Clerk r 6 V City Council Resolution No. 92-81 CONDITIONS OF APPROVAL CASE NO. CUP 11=81 Page Two 1. The Use Permit (General Plan, P. D. Zone) is granted for the land described in the application and any attachments thereto, and as shown on conceptual develop- ment plan exhibits on file in the Community Development Department, except as otherwise provided herein. 2. Unless a Specific Plan (within the meaning of Municipal Code Section 17.360.050) is submitted within one (1) year of the effective date of General Plan approval by the City Council, the "General Plan" approval shall become void and null and of no effect. 3. The approval contemplated herein is for the uses and floor areas as described. by the following: Total Lease Site. EExxi�stin� Gift Shop. . Display Tanks. . . Seal Area. . . Work Shop. . . Drive and Ramp. . . Filter. . . Working Dock (Support System) Freezer, Distress Mammal area, tool shed Mechanical Equipment. . Dockage. . . . Walkways, etc. . . . Proposed Addition Marine Mammal Distress Station, Research Lab, Office. . . Square �Foottage 6,27T 980 1,568 720 192 273 270 1,587 618 38 1,271 a 4. Plans submitted for "Specific Plan" review should contemplate Uniform Building Code and Administrative Code requirements as detailed in memorandum dated August 17, 1981, by William L. George, Chief Building Inspector. 6 RESOLUTION NO. 91-81 RESOLUTION ESTABLISHING DELINQUENT CHARGES AND RECONNECTION FEES T H E C I T Y C O U N C I L City of Morro Bay, California WHEREAS, the Morro Bay Municipal Code provides that delinquent service charges and reconnection fees for utility services shall be set by resolution of the Council. NOW, , BE IT RESOLVED (1) A delinquent penalty of ten percent shall be added to the utility bill for the first month delinquent. After the first month, a penalty of one-half of one percent of the basic charge plus the penalty shall be added per month. (2) A reconnection fee shall be charged in the following amounts: Years Amount 1981-82 $ 37.50 1982-83 41.25 1983-84 45.50 1984-85 50.00 1985-. 55.00 PASSED AND ADOPTED'by the City Council of the City of Morro Bay at a regular meeting held thereof on the 14th day of September 1981 by the following roll call vote: AYES: Anderson, Deutsch, Dorn, Lemons, Ward NOES: None ABSENT: None ATTEST: BONITA KAY MUPRAY1 Depqzty Vty Clerk I •: f • RESOLUTION NO.`90-81 • 'j RESOLUTION ANNOUNCING FINDINGS AND APPROVING AN EXISTING HIGH SCHOOL, WITH SECURITY TRAILER IN THE P. D. ZONE CASE NO. CUP O8-81.'• 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, has held a PUBLIC HEARING on August 3, 1981, to consider their action and,recommendation to the City Council on the request of SAN LUIS UNIFIED SCHOOL DISTRICT for a Use Permit to allow an existing High School, with security trailer, in the-P. D. Zone, located at'235 Atascad6ro Road; more particularly described as: APN 65-182-01 WHEREAS', said project has .complied with the City of Morro Bay objectives, criteria and procedures for implementation of the California Environmental Quality -Act" in that the project has been found to be Categorically Exempt and no further'•documentatior is deemed necessary. WHEREAS, at a duly"noticed City Council PUBLIC HEARING held on the 24th day of August, 1981, after considering the arguments of all.persons,-'if any; wishing to testify, the City Council did find the following facts and reasons to,justi.fy the granting of said Use Permit: - 1. The use requested is properly one for the intended zone district, and is consistent., with the objectives of the City of Morro Bay General Plan; 2. The establishment, maintenance, or operation of the requested use will not, under the circumstances of.this particular case, be detrimental to -the health, safety, morals, comfort and general welfare of the persons residing.or working.in the neighborhood of this proposed use; and,. 3. The use requested will not.be'injurious or detrimental. to property and improvements . in the neighborhood or the general welfare of the City. NOW, THEREFORE, BE IT RESOLVED, by the.City Council. of the City of�Morro'Bay, as follows: 1. That the above recitations are true and correct.and constitute the finding 'of the Council in this matter; and, ' . 2. That the Council does hereby grant approval of Conditonal Use Permit No. 08-81, subject to the conditions attached hereto labeled "Exhibit 'A'". PASSED AND ADOPTED by the City Council of.the City of .Morro Bay at a 'regular meeting thereof held the 14.th day ofc_Seot.; 1981, by. the following, rolI call vote: AYES: • Anderson, Deutsch,. Dorn, Lemons, Ward NOES: gone ABSENT: None ATTEST: ' BONITA KAY MURRAVDeputy,ity Cl ; JO N. EMONS,_Mayo.. ProzTem . i ♦. " ,1 r .. . •• r l v City Council Resolution No. 'Page Two CONDITIONS OF APPROVAL:' CASE NO. CUP'08=81 A '7`'` 1. The Use Permit (General Plan, PD Zone) is granted for the land described in the application and any attachments thereto and as shown on conceptual development plan exhibits on file in the Community. Development Department,, except as otherwise provided herein. 2. The Use Permit is granted for a public high school facility and ancillary or accessory activities including'security personnel quarters. 3. This "General Plan" approval shall expire one year from the effective date.of, this approval, unless a "Specific Plan" application (within the•meaning of Municipal Code Section 17.36.050) is submitted and'approved•by the Planning Commission. 4. The Specific Plan application submittal shall include maps, illustrations, and other information to document both existing and proposed facilities.— 1 RESOLUTION NO. 89-81 RESOLUTION APPROVING ASSIGNMENT OF LEASE SITES 17, 17 NORTH, AND MOORING ZONE Al-4 FROM JOHN J. KIRTH AND GISELA G. KIRTH TO MORRO BAY MARINA THE CITY COUNCIL City of Morro Bay, California WHEREAS, a request has been made by John J. Kirth and Gisela G. Kirth to transfer the lease hold interest in Lease Sites 17, 17 North and Mooring Zone Al-4 to Don Appling, Carol Trapp and Robert Waterman DBA Morro Bay Marina, a. California partnership; and WHEREAS, it is in the public interest that the approval of this City Council be given to said assignment, provided the assignees assume all the obligations required to be assumed by lessee under said lease. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay as follows: 1. Consent is hereby given by said Council to the assignment by John J.• Kirth and Gisela G. Kirth, husband and wife, of the leasehold interest in Lease Sites 17, 17 North and Mooring Zone Al-4 to Don Appling, Carol Trapp and Robert Waterman DBA Morro Bay Marina, a california partnership; and 2. A copy of the Assignment of Lease and Assumption Agreement is made a part of this resolution; and 3. This assignment shall become effective upon.receipt by the City of the executed Ass.ignment of Lease and Assumption Agreement. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held thereof on this 14th day of September , 1981 by the following roll call vote: AYES: Anderson, Deutsch, Dorn, Lemons, Ward NOES: None ABSENT: None *JL ON`_ Mayor 'Pro-Tem ATTEST: .� '•� 1. i it � ,'t; '+� RESOLUTION NO. 88--81 RESOLUTION REJECTING BIDS ON PICK-UP TRUCK FOR THE FIRE DEPARTMENT THE CITY COUNCIL City of Morro Bay, California WHEREAS, the City of Morro Bay Fire Department has a need to replace an existing vehicle, and WHEREAS, the City Council has approved procurement of a pick-up truck in the 1981-1982 capital budget, and WHEREAS, the Fire Department has publicly advertised and requested proposals, and WHEREAS, all bids received were above the allocated amount for this pick-up truck, NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay that all bids be rejected, and that the Fire Chief be authorized to seek new bids. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof held the 14th day of September, 1981, by the following roll call vote: AYES: Anderson, Deutsch, Dorn, Lemons, Ward NOES: None ABSENT: None UO N_ MOPJS_;_Mayoryor Pr ATTEST: ONITA KAY MU , Dep Ci Clerk 0 RESOLUTION NO. a], 81 A RESOLUTION APPROVING A - DEFERRED COMPENSATION PLAN FOR THE PERMANENT EMPLOYEES OF THE CITY OF MORRO BAY T H E C I T, Y C.0 U N,C I L. . City of Morro Bay, California _ WHEREAS, the City of Morro Bay desires to provide certain benefits for its permanent employees'as part of their compensation through a deferred compensation plan; NOW, THEREFORE, BE It RESOLVED that the Morro Bay City Council does hereby' aurhorize and approve entering into a Deferred Compensation Plan with those eligible` to participate as designated by the City of'Morro Bay; and. BE IT FURTHER RESOLVED that in order to accumulate the appropriate funds to meet the organization's obligation to pay benefits to eligible participants in accordance with the Deferred Compensation Plan, the Morro Bay City Council does hereby authorize and approve the purchase of insurance and/or annuity contractsas issued by the Hartford.Variable Annuity Life Insurance Company in such amounts as may be appropriate to provide plan benefits; and , BE IT FURTHER RESOLVED thst it is the intention of the Morro Bay City Council 'that the payments made by the City of Morro Bay for such insurance and/or annuity contracts will not currently be considered as income paid to the employees concerned; and BE IT FURTHER RESOLVED that the City of Morro Bay will.be the owner, beneficiary and have all rights under the said insurance.or annuity contracts and such contracts shall be held as a general, unpledged, and unrestricted asset'of the organization; and BE IT FURTHER RESOLVED that the Morro Bay City Council hereby authorized the City Administrator of.the City of Morro'Bay to act on its.behalf•-in respect to,said insurance or annuity contracts and to formulate rules and procedures for the purchase and administration of such. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof held this 119tday of(Sept.", 1981 by the following roll call vote: AYES: A�derson, Deutsch,,Dorn, Lemons, Ward - NOES: hone., ABSENT: None'.,�, t ;�� 8 . ; 3 • - , ATTEST: J.H .LEMONS, Mayor Pao-Tem \� RNZARIN mu i RESOLUTION NO. 86-81 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY ESTABLISHING NEW RATES FOR REFUSE COLLECTION SERVICE T H E C I T Y C 0 U.N C I._L City of Morro Bay, California WHEREAS, Morro Bay Garbage Company, hereafter referred to as Contractor, has.requested an increase in.collec.tion rates; and; ' WHEREAS said rate increase .is required because of unanticipated` landfill use fee increases; and WHEREAS said landfill increases would severe financial hardship, Contractor, not of his own doing and beyond his control; and WHEREAS the contract between City -and Contractor allows for periodic rate adjustments, NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay that the.attached rate -schedules be adopted. PASSED AND ADOPTED by the City Council of .the City of Morro Bay at a regular meeting held thereof on the 14th day of September 1981 by the following roll call vote: AYES: NOES: ABSENT: ATTEST: Anderson, Deutsch, Dorn, Lemons, Ward done None, 0. HN-L'EMONS,__Mayo_r,Pro:-Tem RESOLUTION NO. 85-81 ; RESOLUTION HONORING CALIFORNIA NATIONAL GUARD THE CITY COUNCIL. City of Morro Bay, Cal.ifornia,. WHEREAS, the National Guard is the oldest military force in the nation, originating in the early colonial days on October 7, 1636 with.the formation of the Old North Regiment of the Massachusetts Colonial Militia; and WHEREAS, for 345 years the men and women of the National Guard have .. repeatedly demonstrated their dedication and patriotism by participation in every conflict involving the United.States during which more than 4,000,000 National Guard members joined forces with active military units to defend the principles of this nation; and WHEREAS, the National Guard is unique among all -services because of its federal mission as the.principal backup to the active.Army and Air Force in.times of war or national emergency and its state mission to provide for protection of.' life and, property and preserve peace, order and public safety in times of natural. disasters; and WHEREAS, since 1975 the California National Guard has expended more.than 204,000 man -days in support of the citizens of California during forest fires, floods, and search and rescue missions; and . ' WHEREAS, during the'floods in February and March of .1980, 700 men.and wdmen of the California National Guard were called from their homes, families, and businesses to assist the communities of California; and . WHEREAS, the California National Guard,.is a vital part'of the National Guard of the United States and has provided the citizens of'Californ.ia with a trained and organized militia ready to serve the state.as.well as the nation in time of heed; and WHEREAS, it is fitting and proper•that a day be designated in commemoration of the California National Guard'and out of recognition of the debt'of:gratitude owed by the people of the State of California to those who serve as members of the California National Guard. NOW, THEREFORE, BE IT RESOLVED that•.the'City,Couhcil:'of..theCity.'o.f. Morro': Bay requests all Californians to celebrate.Tuesday, October, , 1981,as National Guard'Day and to honor the California Army-andAir`National'Guard�for:service to their communities, the State of Cali`p rnia,,and`th.e',Uni:ted:States 6f`America4 PASSED AND ADOPTED by the City Council, of.the City. of. Morro,,Baytat.a regular meeting held thereof on..the 1.4th 'day-fof September'„{ 198l' by the. following roll call vote: AYES: Anderson, Deutsch,.Dorn, Lemons-, Ward, k NOES: None ABSENT: None ATTEST: `J0. N_LEMONS,-Mayor'PPro-Tem BONITA KAY "MRA pu Ty y LA J: DARRYL R. WHITE SECRETARY OP THE SENATE SENATE CALIFORNIA LEGISLATURE d/ SACRAMENTO 95814 1/ July 2, 1981 G JL,. Dear Mayor: By direction of the Senate I am transmitting Herewith Senate Concurrent Resolution No. 28 as adopted by the California Legislature at its 1981-82 Regular Session. 'Sincerely, DARR' &WHITE Secretary of the Senate DRW:jk Enclosure 0 0 0•. 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O p M 0 rt 0 0O aL Haa° wy �+ O�naOlal o- p(D opCL z� (DCL aa.w= 0.°0 mom" = gym'<CD �D (� CD T O �j w p U- C° N w N (D G 0G d P 0 -- orn� dG CD O G aC i~ �� lV+ Y 9 T t O OD �� w m y ° G n a T z T w'i y 0.1 ✓ °sIDDdo o� p7 w + CD o 0 IN o' o f xH o C Ky 0 °.�� w w�ID :3 CDw bU G 0"cD cb(D(D0,"O"G tn p wr w O� Gar CD t w 0 O\ Q 0 w D a w CT7 T (DoG 10 T := 0 o; S o 'c c (D p v' 0 ewy °iy� 0 (D CD .( �D CD 'y n. (D N OG 0 T CDaO°'�° +�w=�a 000a� l a on w�a - hacnao � w nTT� c pDT~wo A^' z��CDo no w Tw nCD °a o-y n �P'�o o o (D =do $o,Z.°TSID CDw ,+ w 7 C VG CD K 1 `w+ OS� z w p w CDti ntiw aCA CD o� o aTa 0 v, a (D w a �f O o (D(D O (D (D r RESOLUTION N0. 84-81 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY AWARDING BID NO. PS-81-231,,,.- FOR WATER WORKS MATERSALS Be it resolved by the City Council of the City of Morro Bay to award Bid No. PS-81-231 for water works materials to Johns - Manville Sales`Corporation in the amount of $45,,156.00. AYES: Deutsch, Lemons, Ward NOES: None ABSENT: Anderson, Dorn ADOPTED: August 24, 1981 O EMONS„_MayoFRro=Tem ATTEST: als LAP PAUL BAXTER, City Clerk s RESOLUTION NO. 83-81 RESOLUTION OF THE CITY COUNCIL OF THE CITY. OF MORRO BAY AWARDING BID NO. PW-81-232 FOR A 3/4 TON FOUR-WHEEL DRIVE PICKUP' T H E C I T Y C O U N C I L City of Morro Bay, California BE IT RESOLVED by the City Council of the City of Morro Bay to award Bid No. PW-81-232 for a 1982 3/4 Ton Four -Wheel Drive Dodge Truck to Stanley Motors in the amount of,$11,651.86. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held thereof on the 24th day.of August 1981 by the following roll call vote: AYE$:. ,Deutsch,.Lemons,,Ward "NOES: None ABSENT:- Anderson, Dorn UQ `LEMONS_—_May_o Pro=Tema _ ATTEST: :• �< Deputy RESOLUTION NO. 82-81 — RESOLUTION TO BETTY JEAN MADRUGA FOR HER CONTRIBUTIONS TOTHECITY OF MORRO BAY WHEREAS, Betty Madruga has served the City of Morro Bay Police Department since July 24, 1966; and WHEREAS, Betty has filed for retirement as of September 10, 1981; and WHEREAS, during the above period of time Betty was the Department's expert.. in the area of fradulent documents; and WHEREAS, Betty established an effective working relationship with local businesses in the pursuit and completion of various investigations; and WHEREAS, Betty was successful in working with.numerous local youth and their families to solve problems and bring them closer together; and WHEREAS, Betty served as counselor and earned the respect of the public, other governmental agencies, and private social agencies by promoting the welfare of youth and their families. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Morro -Bay commends Betty Jean Madruga for her years of public service to this City and wishes -her well for her retirement. PASSED AND ADOPTED by the:City Council of the City of Morro Bay at a regular meeting held thereof on the 24th day of August, 1981 by the following `roll call vote: AYES: .NOES.: • RESOLUTION NO. 81-81 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY AWARDING BID NO. PS-81-215 FOR WATER WORKS MATERIALS Be it resolved by the City Council of the City of Morro Bay to award Bid No. PS-81-215 for water works materials to Parkson, Inc. in the amount of $5,277.86. On motion by Councilwoman Deutsch and seconded by Councilwoman Ward the Morro Bay City Council hereby adopts the foregoing proposed resolution in its entirety on the following roll call vote: AYES: Anderson, Deutsch, Dorn, Lemons, Ward NOES: None ABSENT; None ADOPTED: August 10, 1981 WARREN M. DORN, Mayor ATTEST: PAUL BARTER, City Clerk • RESOLUTION NO. 80-81 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY AUTHORIZING THE DIRECTOR OF PUBLIC SERVICES TO SUBMIT AN APPLICATION FOR GRANT/LOAN FUNDS UNDER THE SAFE DRINKING WATER ACT WHEREAS, the City;, of Morro Bay has a need to upgrade its domestic water system to eliminate potential health problems, and WHEREAS sufficient local funds do not exist to carry out that project in a timely manner, and WHEREAS it is in the,health and :safety 'interest of all of the citizens of the City of Morro Bay that this work^be completed in as timely a manner as possible,; 3 NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Morro Bay hereby authorizes the Director of .Public Services to submit an application to the State of California, Health',Department for grant/loan funding under the Safe Drinking Water.Act, and be;,it further resolved that the City Council authorizes the Director of Public Services to sign any. and all agreements between the City of Morro Bay and the State of California for Safe Drinking Water Grant/Loan Funds. On motion by Mayor W. Dorn and seconded by Councilwoman D. Deutsch the Morro Bay City Council hereby adopts the foregoing proposed resolution in its entirety on the following roll call vote: AYES: Anderson, Deutsch, Dorn, Lemons, Ward NOES: None ABSENT: None ADOPTED: August 10, 1981 WARREN M. DORN, Mayor ATTEST: PAUL BAXTER, Ci y Clerk (Domestic Water Supplies, Form A7, Hun•Corpondon or Civil Subdivision) STATE OF CALIFORNIA DEPARTMENT OF HEALTH Certified Copy of Resolution (To accompany application on Form Al) "Resolved by the- -- ----- ... -..... -- - --- -- - (City council, board of tmstem or other gowrdng body) that pursuant and subject to all of the terms, conditions and provisions of Division 5, Part 1, Chapter 7, Sections 4010 to 4035 of the California Health and Safety Code and all amendments thereto, relating to domestic water supplies, application by this-....__...._....__._._...__.. be made to the State Department of Health, for a permit to (City, to. or county, ate.) ...-............. -.... -............ _----- ---- ----------- ---------- _-- Applieam mutt state specifically What b being applied for—wbelher to caasvuct new wodu, to me existing works, to make attentions or addlNwr to I.-._ ----------------- ..--.......... - rArk. or swan and stars nature of impsmmad in works. Enumarata de9dtely awrco or swrests of supply. " of worlu used or considered (if tinown) f and apeeny the locality to be served. Additional eheets may be athehe& that the------- of said--- ---- --- --- - --- - (Title of chief eaavtlw officer) (City council board of trustees or other gowrdog body) be and he is hereby authorized and directed to cause the necessary data to be prepared, and investigations to be made, and in the name of said-___—..—.—___.__..._.— ---------- ._---..to sign and file such application with the (City. town on county. arc) ti said State Department of Health. Passed and adopted at a regular meeting of the...... . -........... (Coreming body) of the------ — --- ----_.on the ------- ...__.day (City, tow or county. atc ) RESOLUTION NO. 79781 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY AUTHORIZING THE DIRECTOR OF PUBLIC SERVICES TO SUBMIT AN APPLICATION TO THE FARM HOME ADMINISTRATION FOR GRANT/LOAN FUNDING FOR WATER SYSTEM IMPROVEMENTS WHEREAS, the City of Morro Bay has a 'need to upgrade its do- mestic water system, and WHEREAS it is in the'best interest of the citizens of the City of Morro Bay to upgrade said system, and WHEREAS sufficient local funds are•not available for the construction required to upgrade said water -system, .NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay that.the Director of Public Services,is hereby author- ized to apply for grant/loan funds from the Farm'Home Administration, and be it further resolved that the Director of Public Services is hereby authorized to sign any and all agreements which may be,forth- coming between the Farm Home Administration and the City of Morro Bay for grant/loan funds for the construction of water system facili- ties. On motion by Mayor W. Dorn and seconded by Councilwoman D. Deutsch the Morro Bay City Council hereby adopts the foregoing proposed resolution in its entirety on the following roll call vote AYES: Anderson, Deutsch, Dorn, Lemons, Ward NOES: None ABSENT: None ADOPTED: August 10, 1981 WARREN M. DORN, Mayor ATTEST: PAUL BAXTER, City Clerk 6 0 RESOLUTION NO. 78-81 RESOLUTION OF THE CITY COUNCIL CITY OF MORRO BAY DEDICATION OF THE WELLS FARGO GAMEFIELD WHEREAS, the Morro Bay City Council has long been supporters of the seniors of the community and promoters of physical fitness and recreational activities; and WHEREAS, this expressed ideal materialized into a physical fitness parcourse designed for said purposes; and WHEREAS, Wells -Fargo Bank, Senior Citizens, Inc. and the City of Morro Bay Recreation Department contributed monetarily to the construction of this facility; and WHEREAS, the gamefield will be available for all community members to use and enjoy; and WHEREAS, participants will now be provided with a facility which encourages social interaction and physical well being. NOW, THEREFORE, BE IT RESOLVED that the Morro Bay City Council expresses its gratitude and heartfelt appreciation to all contributers to the creation of the Wells Fargo Parcourse Gamefield. BE IT FURTHER RESOLVED that the City does, therefore, dedicate this gamefield to the senior citizens and members of the community. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof held this loth day of August, 1981 by the following roll call vote: AYES: Anderson, Deutsch, Dorn, Lemons, Ward NOES: None ABSENT: None ATTEST: 46-1-TIA KAY MURR Y, Deputy City er< RESOLUTION NO. 77-81 RESOLUTION ACCEPTING ANNUAL WEED ABATEMENT CHARGES AND AUTHORIZING SAN LUIS OBISPO COUNTY AUDITORS.TO PLACE CHARGES ON THE 1981-1982 TAX ROLLS_, THE CITY. COUNCIL City of Morro Bay,.California" WHEREAS, the.Municipal Code of the City of Morro Bay in Section 8:12.120 authorizes the City Council to place weed•abatement charges on the County Tax Roll; and WHEREAS, those charges represent a fair price for the removal of hazardous weeds. NOW, THEREFORE, BE IT,RESOLVED by the City Council of the City of Morro Bay that these charges be accepted and that it further be -resolved that the auditor of the County of San Luis Obispo be authorized to place those charges on the 1981-82 Tax Roll. PASSED AND ADOPTED by.the,City Council of the City of Morro -Bay at a regular meeting thereof held this. 27th day of July, 1981, by the following roll call vote: AYES: Anderson, Deutsch, Dorn, Lemons, Ward. NOES: None l ABSENT: None JOHN'L MONS, Mayor Pro-Tem ATTEST: / � i RESOLUTION NO. 75-81 RESOLUTION URGING CALIFORNIA STATE LEGISLATURE TO INCREASE ASSOCIATED TRNSPORTATION REVENUES THE CITY COUNCIL City of Morro Bay, California WHEREAS,.there is a recognized transportation funding crisis in the State of California and potential legislative action'to meet this problem; and-' WHEREAS, the League of California Cities has for several years articulated• the maintenance, rehabilitation and -.improvement problems:associated, with City transportation facilities; and WHEREAS, the State Motor Vehicle Fuel Tax has been -fixed at seven cents per gallon of fuel sold since T963; and - WHEREAS, truck weight fees have not been adjusted to co rrespondingly.meet the increased maintenance caused by heavier vehicles upon streets and highways; and WHEREAS, the state vehicle license and drivers' license fees are not adequately funding the regulatory agencies of the -Department of Motor -Vehicles and the California Highway Patrol; and WHEREAS, the California Transportation Commission,•policyy committees of the Legislature, and other interest groups are reviewing components of a transportation funding package. NOW, THEREFORE, BE IT RESOLVED,•that the City•Council.of•the City of Morro Bay supports a -reasonable •increa"se of varied'revenues,. such as.gas;tax and associated fee increases,-rto,be allocated not only to'C ty government'for•their transportation programs; but also to the County and State transportation; programs. BE IT FURTHER RESOLVED that this. action is taken..in;recognition.that transportation is a vital component•of the social and economic growth•for the State of Calfornia and should no .longer be ignored. BE IT FURTHER RESOLVED that the City Council of the City•of Morro'Bay urges the California State Legislature to adopt legislation.which'insures the public's investments, in these systems be. protected and improved where necessary:,; - PASSED AND ADOPTED by the City Council of the •City of Morro Bay at 'a. regular meeting held thereof on the 10tn day of August, 1981 bythe following roll' call vote: AYES: NOES: ABSENT Anderson, Deutsch, Dorn, Lemons, Ward None'' None ATTES.: )� • eput a ty • er RESOLUTION NO. 74-81 RESOLUTION AUTHORIZING CITY OFFICIALS TO HAVE ACCESS TO SAFE DEPOSIT BOX WHEREAS, the, City has contrac.ted,with the Security Pacific National' Bank to obtain a safe the, box;for secure storage of microfilm records, pursuant to Resolution 82-73 of December 10, 1973; and WHEREAS, the officials named in that resolution for.access to the box have changed; NOW, THEREFORE, BE IT RESOLVED that the City Clerk ,'the ' Deputy City Clerk, the City Treasurer, and the Payroll Clerk are each authorized to•have access to said safe deposit box, any one acting alone; and BE IT FURTHER RESOLVED that this resolution shall remain in,effect until the Security Pacific National Bank is given written notice to the. contrary, except that as the persons holding the above positions change, then the applicable signature cards should be changed, all pursuant.to this resolution. PASSED AND ADOPTED by the City,Council of the City of Morro Bay at a regular meeting thereof.held this loth day of•August, 1981 by the following rol•1 call vote: AYES: Anderson, Deutsch, Dorn, Lemons, Ward NOES: None ABSENT: None WARREN M. DORN, Mayor ATTEST: bUNIIA &AY muKKAy, Ueputy\Q1ty • erk RESOLUTION NO. 73-81 RESOLUTION AWARDING BID NO. 5-81 FOR THE PURCHASE OF A NEW STREET SWEEPER WHEREAS, the City of Morro Bay has publicly advertised a request for proposal for the purchase of a new street sweeper, and WHEREAS bids were received and opened on July 24, 1981 at 2:00 p.m., and WHEREAS four (4) bids were received for a -new street sweeper with the lowest responsible bidder being FMC Corporation of Pomona, California in the total cost.for lease/purchase.of $51,787.86, and WHEREAS sufficient funds have been budgeted.in the 1981/82 Fiscal Year Budget to cover the first year cost of the lease/purchase arrangement, NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Morro Bay hereby awards the contract for the purchase of an FMC Model 1-984P Street Sweeper in the amount of $51,787.86 for a lease/purchase arrangement to FMC Corporation of Pomona, California. On motion by Warren M. Dorn and seconded by John Lemons the Morro Bay City Council hereby adopts the foregoing proposed resolution in its entirety on the following roll call vote: AYES: Dorn, Lemons, Ward NOESi Anderson, Deutsch ABSENT: None ADOPTED: July 27, 1981 WARREN'M. DORN, Mayor ATTEST: PAUL BARTER, ty Clerk RESOLUTION NO. 72-81 RESOLUTION RELATING TO THE CLASSIFICATION,,COMPENSATION` AND TERMS OF EMPLOYMENT OF MANAGEMENT, MID -MANAGEMENT' AND CONFIDENTIAL EMPLOYEES OF THE CITY'OF.MORRO BAY THE CITY. COUNCIL. City of Morro Bay, California. WHEREAS, the City of -Morro Bay desires to establish and designate mid -management and confidential employee classes, as authorized in California Government Code Section 3507.5 (Meyers-Milias-Brown Act) and Resolution No. 74-69 of the C.ity.of Morro Bay, for purposes of administering employer-employee'relations';-and' WHEREAS, the City of Morro Bay has conferred.with.the respective management. officers relative to said salary increases and benefits and 'the subsequent recommendations of the City Administrator; and WHEREAS, the City now desires -to provide said salary increases and changes in benefits to management, mid -management and confidential employees of the City. of Morro Bay; NOW, THEREFORE, BE IT RESOLVED that the Morro.Bay.City Councildoes `hereby approve and adopt the class plan and salary increases and benefits for management, mi.d-management, and confidential employees as enumerated in the attachments:and' by such reference made a part of this resolution herewith; and BE IT FURTHER RESOLVED'that said class plan and salary increases and_ benefits , shall be effective the,payperiod beginning July 4, 1981: PASSED AND ADOPTED by .the City Council of the City of Morro Bay, at a.regular- meeting thereof held this 28th day of July, 1981 by.`the following roll call vote: AYES: Anderson, Deutsch, Dorn, Lemons', Ward NOES: None ABSENT: None WARREN M. DORN, Mayor ATTEST: B NIT. •,�Oeputy C C k - - SALARY PROPOSAL MANAGEME,NT PERS0NNE'.L July 1981 A. CLASSIFICATIONS City Administrator Public Services Director Police Chief Fire Chief Community Development Director Finance Director Administrative Assistant Recreation Director B. SALARY DATA Base Salaries: $214,:137 Salary and Related Costs: $250,596 Salary and Benefits: $257,000 C. MANAGEMENT BENEFITS: Fiscal Year 1981-82 NEW COST 1. Salary: City pays 7% Employee's PERS contribution 5.98%. 2. Health Insurance: City `pays%100% of employee and'depe6dent.coverage, a ; premium.-,., ._ ,: ' _ :,.,,::. 2.0% 3. Life Insurance: " City pays 100% of $5,000 term life insurance premium for employee and dependent. .091% 4. Long -Term Disability: 60% of monthly salary up to $2,500 per month to age 65. 90-day Waiting period. 64% 5. Administrative Leave: Five (5) days per fiscal year. -0- 6. Auto Allowance: City Administrator - $200/month City -provided cars - Police, Fire and Public Services Director --0- TOTAL COST 8.711% EMPLOYEE BENEFIT 9.731% SALARY PROPOSAL MI D- MANAGEM-ENT- July 1981 A. CLASSIFICATIONS Administrative Analyst 'Chief Harbor Patrol Officer Maintenance Supervisor" Water Quality Control Superintendent Chief Building Inspector'(future position) Police Lieutenant .(future position) , Recreation Supervisor (future position) B. SALARY DATA Base Salaries: $80,817 Salary and related costs: $95,280 Salary and benefits: $98,320 C. MID -MANAGEMENT BENEFITS: Fiscal Year 1981-82 (eligible for education incentive and merit increases) 1. Salary: City pays seven (7) percent employee's..contribution to PERS (same package as Miscellaneous Employees) 2. Health Insurance: City pays 100% employee premium and 80% dependent premium ' 3. Life Insurance: City pays $5,000 term life insurance premium on employee 4. Option: A. Administrative Leave: (staff mid -management) 3 days per fiscal year upon approval of Department or Head B. Overtime and C.T.O.: (line supervisors) For all hours worked above 40 in a workweek (vacation New Cost 5.94% and holidays count as time worked) -FIRST YEAR CITY COST: 7.46% EMPLOYEE BENEFIT: 9.05% SALARY PROPOSAL C O N F-I"D E N T I A,L E M P L O Y E E S July 1981 A. CLASSIFICATIONS Administrative Secretary/Deputy City Clerk Secretary Other positions by job assignment: Police Ch'ief's Clerk Public Services Director's Clerk Recreation Director's Clerk Payroll Clerk Fire Chief's Clerk B. CONFIDENTIAL EMPLOYEE BENEFITS: Fiscal Year 1981-82 New. Cost 1. Same package as Miscellaneous Employees 7".53% 2. Life Insurance: 1" City pays $51'000.term life insurance premium 3. Administrative Leave: One day per fiscal year upon approval of Department "Head• .40% FIRST YEAR CITY COST: 8.08% EMPLOYEE BENEFIT: .8.88% *Eligible for overtime, G.T.O., education incentives, and merit increases. **When taking official minutes at a Council or Commission Meeting, eligible for premium pay or C.T.O. 'RESOLUTION'NO. 71-81 ,. RESOLUTION APPROVING OF AN AGREEMENT BETWEEN'CITY OF MORRO`BAY AND CALIFORNIA COASTAL CONSERVANCY FOR STABILIZATION,OF SAND DUNES NORTH,OF COLEMAN DRIVE` WHEREAS, the Morro Bay harbor suffers from silting. -as a result of'sand blown into the harbor from dunes north.of.Coleman Drive; and WHEREAS, the California Coastal Conservancy has approved of a City project to stabilize these sand dunes; and WHEREAS, the Conservancy has awarded a grant'of $5 ,000 to fund'tasks associated with this project; and WHEREAS, the City would be benefited by this project when -'successfully completed. NOW, THEREFORE, BE •IT RESOLVED that the City.of Morro Bay approves of tAe Grant and Plan for'the Dune Stabilization and agrees to abide by all,conditions contained in the Conservancy's Statement of.Assurances... PASSED AND ADOPTED by the City,Council of the ,City of Morro Bay at a regular meeting held thereof on the :27th,day 6f'Jul"y, 1.981; by ,the following roll call vote: y AYES: Anderson, Deutsch,.Donn, Lemons, Ward NOES: None ABSENT: None WARREN M:-DORN, Mayor ATTEST: BONITA KAY MURRA ,� eputy Cltl C e k RESOLUTION NO. 70-81 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, CALIFORNIA, RELATING TO THE CLASSIFICATION, COMPENSATION, AND - TERMS OF EMPLOYMENT OF MISCELLANEOUS EMPLOYEES OF THE CITY OF MORRO BAY T H E C I T Y C O U N C I L City of Morro Bay, California WHEREAS, in accordance with the provisions of'the California Government Code Sections 3500'et. seq. and Resolution' -No,._ 74-69-of the City of Morro Bay, the City's management representatives have met and conferred in good faith with the representatives of the Morro Bay City Employees' Association pertaining to the subject'of wages; benefits, and conditions of employment'for the miscellaneous employees of the City; and WHEREAS, the meetings between the Morro. Bay City Employees' Association and the City has resulted in a mutual agreement and understanding to recommend that the employees represented by the Morro Bay City Employees' Association accept all of the terms and conditions as set forth in a Memorandum of Under- standing, an agreement attached and made a part of this resolution herewith; and WHEREAS, the City now desires to provide said salary increases and changes in benefits to said miscellaneous employees of the City of Morro Bay; NOW, THEREFORE, BE. IT RESOLVED that the Morro Bay City Council does hereby approve and adopt in full the Memorandum of Understanding as attached and made a part of this resolution herewith. PASSED AND ADOPTED by the City Council of the City.of.Morro Bay at a regular meeting thereof held this 13th day of July, 1981, by the following roll call vote: AYES: Anderson, Deutsch, Dorn, Lemons, Ward NOES: None ABSENT: None :f44jl WAITREN M. DORN, Mayor ATTEST: C BONITA KAY MURRAY, Depu Cit / lerk • MEMORANDUM OF U14DERSTA_1DI1:G BETWEEN THE MORRO BAY CITY EMPLOYEES' ASSOCIATION AND THE CITY OF MORRO BAY ARTICLE 1 -PURPOSE 1-7.LMREAS, the City of Morro Bay is a municipal corcoration existing under the laws of the State of California as a general lava city; and WHEREAS, the City of Morro Bay is limited, insofar as funds are concerned, because of a'fixed tax rate; and in structure because it is a public entity rather than a profit making business; and WHEPFAS, the Morro Bay City Employees' Association and the City of Morro Bay recognize that the mission and the purpose of the City is to provide for high- . quality and economical municipal services and facilities to the residents of the City of Morro Bay. . THEREFORE, this Memorandum of Understanding is entered into as of 1 July 1981, between the City of Mlorro Bay, referred to as "CITY", and .the Morro Bay City Employees' Association, referred to as the "ASSOC iATION. " It is the intent and purpose of this memorandum to assure sound and mutually beneficial working and economic relations and conditions between the parties hereto; to provide for an orderly and peaceable method and manner of resolving any differences which may arise and to negotiate any rdsunderstanding which could arise and to set forth herein the basic and full agreement between the parties concerning the pay, wages, hours of employment, and other terms and conditions of employment. ARTICLE 2 - TERA The term of this agreement commences on 4 July 1981.and expires and is otherwise fully terminated on 30 June 1983. i C ARTIIZE 3 - RENEGOTIATIONS In the event either party wants to renegotiate a successor Agreement, such party shall serve upon the other during the period 1 February to.15 April, its written recuest to begin negotiations as well as its full and entire written proposals amending this agreement. Upon receipt of such written notice and proposals, negotiations shall begin no later than thirty (30).days after such receipt or 15 April, whichever is later. K1M C Ll ARTICLE 4 - RECCC-NITION Pursua_-+t to Resolution No. 74-69, the Employer - Employee Relations Resolution of the Cite of F'�rro Bay and applicable state law, the Morro Bay City Employees' Association (hereafter "ASSCCIATION") was designated by the City of Morro Bay (hereafter "CITY") City Council as the representative of City employees in the :•1iscellaneous Employees Unit (hereafter "UNIT"). The term "employee(s)" as used herein shall refer only to employees employed by the City in the employer classifications comprising said unit as listed in Article.11 - Salaries, or as mutually codified by the parties. This article shall remain in full force and effect cc=encing the first day of the term of this agreement thru the last day of the term of this agreement.at which time it shall fully terminate unless the parties agree on or before 30 June 1983 in a written memorandum of understanding to continue_ this article. M I ARTICLE 5 - AUTHORIZED AGENTS - For the purpose of administering the terms and provisions of this agreement: A. _Management's principle authorized agent shall be the City Administrator, or his/her duly authorized representative (address: 595 Harbor Street, Morro Bay; CA 93442; telephone (805) 772-1214, except where a particular management representative is specifically designated in the agreement). B. The ASSOCIATION'S principle authorized representative shall be the President of ,the Morro Bay City Employees' Association (address: P.O. Box 157, Morro Bay, CA 93442; telephone (805) 772-1214). J _0 ARTICLE 6 - MMAMEMENT CITY retains all rights not specifically delegated by this agreement including, but not limited to, the exclusive right to determine the mission of its constituant departments; set.standards of service; determine the procedures and standards of selection for employment and promotion; direct its employees; take disciplinary action for proper cause; relieve its employees from duty because of lack of work or for other legitimate reasons; maintain the efficiency of governmental operations; determine the methods, means, and personnel by which governmental operations are to be conducted; determine the content of job classifications; take all necessary actions to carry out its mission in emergencies and exercise control and discretion over its organization and the technology of performing its. work. The determination of whether or not' -an emergency exists is solely within the discretion of the City and is expressly excluded from the Grievance Procedure. ARTICLE 7 - ANTI -DISCRIMINATION The CITY and ASSOCIATION mutually agree they will not discriminate against employees for the exercise of their rights under the State of California Government Code Section 3502. ARTICiZE 8 - ASSOCIATION BUSINESS Employee representatives designated by the ASSOCIATION shall be granted time -off, without loss of pay, to attend "meet and confer" sessions with the -Municipal Employee Relations Officer and/or his designees on subjects within the scope of representation when such meetings are scheduled during regular working hours. It is understood that this time -off provision shall only apply to a maximum of two employees attending any one meeting between CITY and ASSOCIATION- Where exceptional circumstances warrant, the City Administrator may Iapprove the attendance at such meeting of additional ' employee representatives. _.The ASSOCIATION shall, wherever practicable, submit the names of all employee representatives to the Municipal Employee . Relations Officer at least two working days in advance of such meetings. Provided further (1)-that no employee representative shall leave his or her duty or work station or assignment without specific approval of the department head or other authorized City management official; and (2) that any such meeting is subject to scheduling by City management in a Winner consistent with operating, needs and work schedules. Nothing provided herein shall limit or restrict City ranagenent from scheduling such meetings before --or after regular City or work hours. E ARTICLE 9 - WITHHOLDING OF ASSOCIATION DUES It is agreed that CITY will withhold ASSOCIATION dues from the monthly pay of each permanent City employee who is a.member of the ASSOCIATION. ASSOCIATION agrees to provide CITY with individual. ASSOCIATION member authorizations signed by the individual ASSOCIATION member authorizing CITY to make agreed.deductions;_ specifying the amount of each deduction; and authorizing CITY.to issue a check,'-_ payable to ASSOCIATION, for the collective amount of* the individual deductions withheld from the individual emolo"ees pay, CITY does not accept responsibility for computing the amounts of deductions or for meeting payment dates.which racy not coincide with established pay periods. The ASSOCIATION will.be responsible for the accounting and dispursing of all such funds received from CITY. ASSOCIATION will be -responsible for properly. notifying the CITY of any chamges in deductions and will be the sole agent through which CITY will act in -explaining, initiating, executing, or.terZinating the provisions of ,this Article. ic. ARTICLE 10 - WORK SCHEDULE This article is intended to define the normal hours of work and shall not be construed as a guarantee of work per day or per week, or of days of work per week. taORKDAY: The normal workday shall be eight (8) hours of work in a twenty- four (24) consecutive hour period, except in cases of emergencies. WORKS-HIFT: Employees shall be scheduled to work on regular workshifts - having regular starting and quitting times. '-Except for emergencies, employees' workshifts shall not be changed without prior notice to the employee. Call -out or overtime does not constitute a change in workshift. WORK'.EK: The normal workweek shall be five (5) workdays and two (2) consecutive days of rest in a seven (7) consecutive day period, except in cases of emergencies, or at the specific request of anemployee and approval of department head. Nothing herein shall be construed to eliminate currently established irregular wort: schedules. EMERGZ??CIES: Nothing herein shall, be construed to limit or restrict the authority of management to make temporary assignments to different or additional locations,.shifts, or duties for the purpose of meeting an emergency. Such . emergency assignments shall not extend beyond the period,,.;of said emergency. 0 Lq (11 ARTICLE 11 SALARIES ' I. Effective 4 July 1981, the CITY agrees to implement a plan whereby the CITY will contribute seven (7) percent of an employee's salary on behalf of the employee to the Public Employees' Retirement System (PEAS). These amounts paid by the CITY are employee contributions and are paid by the CITY to satisfy the. employee's obligation to contribute seven (7) percent of salary to PERS. An employee has no option to receive the contributed amounts directly instead of having them paid by the CITY to PERS on behalf, of the employee. The ASSOCIATION understands and agrees that employees bear the risk of.payment of any increases in the employee contributions above the current seven (7) percent made by action of the PERS or the state legislature_ It is understood and agreed to by the parties that the CITY "pick-up" of the employee's PERS contribution is made in lieu of a wage increase. Therefore, in all comparisons made with other agencies, seven (7) percent of salaries will be added to the -salaries otherwise provided by the CITY to the employee, and then, comparisons will be made. Parties agree that CITY payment of the seven (7) percent PERS contribution is made based upontax. treatment currently permitted by the State Franchise Tax Board and the IRS. Should current tax treatment change, the ASSOCIATION and the employee hold harmless the CITY, its,officers and agents from any and all clairs or costs of any type including but not limited to liability for back taxes, arising out of this agreement to pay seven (7) percent.of the employee's PERS contribution. Should current tax treatment change, the ASSOCIATION shall have the opportunity -to meet and confer regarding any 'such changes. The CITY payment of seven (7) percent of each employee's PERS contribution s:^all commence on.4.July 1981 and shall be made bi-weekly through 30 June, 1933 at which time such payment shall terminate and CITY shall be permitted to withhold the full amount of the then current sum for.emplpyer contributions from employee's pay, unless the parties agree on or before 30 June 1983 in a written memorandum -of understanding to continue the CITY pick-up of employee contributions. II. Effective 3 July 1982, there shall be a seven percent (7%) increase in salaries. The new salary -ranges shall be: YEARLY . Building Inspector $19;281 - 24,101 Environmental Engineer 18,312 - 22,796 Maintenance Supervisor 18,312-'22,796 Water Quality Control Superintendent 18,312 - 22,796 Civil Engineering Assistant 16,750 - 21,052 Senior Engineering Technician 15,042 - 18,760 Harbor Patrol Officer 14,610 - 18,312 Maintenance Leadworker 14,610 - 18,312 Wastewater Treatment Plant Operator II 14,610 - 18,312 Maintenance worker III 13,863 - 17,292 Mechanic 13,863.- 17,292 R Accounting Technician Engineering Aide Wastewater Treatment Plant Operator I Maintenance Worker II Custodian Account Clerk II Recreation Coordinator Maintenance Worker I Receptionist/Cashier Clerk Stenographer Typist Cleric III Account Clerk I Typist Clerk II Typist Clerk I c YEARLY 13,454 — 16,750 13,454 —. 16,750 13,454 — 16,750 13,119 — 16,282 12,394 — 15,391 12,005 — 15,042 12,005 — 15,042 11,724 - 14,610 11,075 — 13,863 '. 11,075 — 13,863 11,075 — 13,863 - 10,796 — 13,454 10,553 — 13,119 9,660 - 12,005 IN ARTICLE 12 - P--DICAL INSURANCE During the.term of this agreement, the employees shall pay the following monthly premium rates for medical and dental insurance: MEDICAL DENTAL Employee 70- -0- Employee + 1 dependent $24.59 $3.07 Employee + 2 or more dependents $37.47 $3.07 = ,y 4'• Jrj 110 ARTICLE 13 - EDUCATION INCENTIVES CITY agrees to pay the following education incentives to permanent employees who hold degrees above the minimum required in their respective classification: A. 'Associate of Arts Degree - $450 annually B. Baccalaureate Degree - $900 annually Such incentive pay shall be paid bi-weekly to employees who hold job -related degrees as determined by the department head and Personnel Officer. Employees who are receiving such incentive on 30 June 1981 shall continue to receive such incentive as computed above for the term of this agreement. If an employee is .promoted to a classification that requires a degree, the employee shall not receive any education incentive pay for the required degree. ARTICLE 14- WORK UNIFORMS CITY will provide work coveralls or uniforms for each employee whose working conditions create undue.wear and -tear on working clothing_ Determination of individual entitlement to City -provided coveralls will be at the discretion of the Director of Public Services and with the approval of the City Administrator. I RA A.RiICLE_ 15 = HOLIDAYS - For purposes of this agreement, the following days are the holidays for the employees in this unit: New Year's Day Lincoln's Birthday . Washington's Birthday Memorial Day Independence Day _Labor Day Admission's Day Veteran's Day Thanksgiving Day Day After Thanksgiving Christmas Day Floating Holiday It is agreed that when a holiday is proclaimed by the Mayor of the CITY, then each employee shall be granted time -off in the same number of ecuivalent work hours. M IN IN M ARTICLE to - SICK LEAVE During the term of this agreement, sick leave shall be earned at the rate of one (1) eight -hour workday for each calendar, month of service. Unused sick leave .shall be accumulated to a total of not more than one -hundred and twenty. (120) days (960 hours). Effective 1 July 1982, upon the service retirement of an employee who has more than ten (10) years of service with the CITY, said emplovee shall be entitled to receive payment for up to the first ninety (90) days of his/her accrued sick leave at twenty-five percent (25%) the employee's rate of pay as of the date of service retirement. Service retirement is defined as service retirement from both the CITY and the respective retirement system thereof. e ARTICLE 17 - OVERTI CE COb'PENSATION It is agreed that each employee may elect to receive compensation for overtime work either as compensatory time -off or as overtime pay calculated on a straight hourly basis. Each employee may exercise this option until accumulating a total of twenty-four (24) hours over -time credits. Thereafter, compensation for overtime work shall be in the form of overtime pay computed at straight hourly rates. Members exercising the compensatory time -off option shall be granted specific days off subject to the approval of the department head. Compensatory time -off can be.taken in conjunction with annual vacation or holiday periods if approved by the department head.. In In l ARTICLE 18 - SPECIAL PAY PRACTICES A. Standby: Standby duty is defined as that circumstance which requires an employee so assigned to:' 1. Be ready to respond immediately to a call for service; 2. Be. readily available at all hours by telephone or other agreed upon communication equipment; and 3. Refrain from activities which might impair his/her assigned duties upon call. Effective 4 July.1981, it is agreed that personnel who are scheduled, on a routine basis, for standby duty shall be compensated at the rate of ten dollars ($10.00) per day for each day of scheduled standby duty performed.. Effective 3 July 19-02,it is agreed that personnel who are scheduled, on a routine basis, for standby duty shall be. compensated at the rate of twelve dollars ($12.00) per day for each dap of scheduled standby duty performed. B. Call Back. Call back is de=fined as that circumstance which requires an employee to unexpectedly return to work after the employee has left cork at the end of the employee's.-workshift; except that an early call in of up to two (2) hours prior .to the scheduled start of a wofkshift shall not be counted as a call back. City will guarantee a minimum of three (3) hours pay, computed at straight hourly rates, for each em_loyee called back for work as defined above. Said employee shall receive either pay or compensatory time -off, pursuant to Article 17, Overtime Compensation, for the minimum.or for all time actually worked, whichever is greater. A ARTICLE 19- MILEAGE CITY will pay $.20 per mile as reimbursement to members of the ASSOCIATION for all mileage they incur when on official business, provided there is no ' CITY car or other pool car available for CITY business. Said reimbursement shall be subject to availability of funds in.the CITY budget and approval by = the Department Head_ ARTICLE 20 - PERSONNEL RULES In the month of December, if CITY has changes to the Personnel Rules, CITY's Resolution No. 29-65, the changes. will be submitted to the ASSOCIATION.. CITY shall give ASSOCIATION the opportunity to consult about such changes. The parties further agree that in no case shall the CITY, during the term of this agreement, reduce the compensation as set forth in this.agreement,except as authorized by this agreement or the personnel rules in effect on 4 July 1981; nor shall the CITY reduce or change any hours or days of leave or accrual rates as set forth in Rule XI Attendance and Leaves during the term of this agreement,. except as authorized by this agreement or the personnel rules in effect on 4 July 1981. KA MM ARTICLE 21 - FULL UNDERSTANDING, MODIFICATION, WAIVER This Agreement sets forth the full and entire understanding of the parties - regarding the matters set forth herein, and,any other prior or existing understanding or agreements by the parties, whether formal or informal, regarding any such matters.are hereby superseded or terminated in their entirety. It is agreed -and understood that each party hereto voluntarily and unquali- fiedly waives its right to negotiate, and agrees that the other party shall not be required to negotiate, with respect to any matter covered herein_ No agreement, alteration,.understanding, variation, waiver, or modification of any of the terms or provisions. contained herein shall in any manner be binding upon the parties hereto unless made and executed in writing by all, parties: hereto, and if required, approved by the CITY and ratified by the membership of the ASSOCIATION. The waiver of any breach -"of any term, or condition of -this Agreement by either party shall not constitute -a -precedent in the future enforcement of all its terms and provisions. ARTICLE 22- NO STRIKE, NO LOCK -OUT (A) During the term of this agreement, the CITY will not lock -out any employees nor will the ASSOCIATION cause, authorize, advise or encourage -any interruption of work or any other concerted action. The term "interruption of work" shall mean any work stoppage or strike (including economic and unfair labor practice strikes) or any intentional slowdown of work. The term "other concerted action" includes picketing or boycott activities by the ASSOCIATION. (B) There shall be no -refusal to work on, handle or produce any materials or equipment because of a labor dispute. (C) Any employee.ergaging in any action prohibited by this Article shall be subject to immediate discharge or such other discipline as the CITY may assess. such discharge or discipline shall not be reviewable through the Grievance Procedure. ARTICLE 23- SAVINGS PROVISION If any provision(s) are.held to be contrary to law by a court of.conpetent jurisdiction, such provision(s) will not be.deemed valid and subsisting except to the extent.permitted by law, but all other provisions will continue _. in full force and effect.. . DATES: DAqiF SIGNED v DATE StZNED SIGNATURE MORRO BAY CITY EM PLOYEES' ASSOCIATION CITY OF MORRO BAY BY: BY: BY: RESOLUTION NO. 69-811 A RESOLUTION OF THE CITY COUNCIL OF THE - CITY OF MORRO BAY, CALIFORNIA, RELATING TQ THE CLASSIFICATION, COMPENSATION, AND TERMS OF EMPLOYMENT OF NON -MANAGEMENT POLICE EMPLOYEES OF THE CITY OF MQRRO BAY TH E C I T Y C O U N C I L City of Morro Bay, California WHEREAS, in accordance with the provisions of the California Government Code Sections 3500 et.seq. and Resolution No. 74-69 of the City -of Morro Bay, the City's management representatives have met and conferred in good faith with the representatives of the Morro Bay Peace Officers' Association pertaining to the subject of wages, benefits, and conditions of employment for the non -management police employees of the City; and WHEREAS, the meetings between the Morro Bay'Peace Officers'. Association and the City has resulted in a mutual agreement and understanding to recommend that the employees represented by the Morro Bay Peace Officers'•Association accept all of the terms and conditions as set forth in a Memorandum of Understanding, an agreement attached and made a part of this resolution herewith; and WHEREAS, the City now desires to provide said salary increases and changes in benefits to said police employees of the City of Morro Bay; NOW, THEREFORE, BE IT RESOLVED that the Morro Bay. City,Council'does hereby approve and adopt in full the Memorandum of Understanding as attached and made a part of this resolution herewith PASSED AND ADOPTED by.the City Council'of the City of Morro Bay at a regular meeting thereof held this 13th day of July, 1981 by the fallowing roll call vote: AYES: Anderson, Deutsch, Dorn, Lemons, Ward NOES: None ABSENT: None WARREN M. DORN, Mayor ATTEST: BONITA KAY M RRAY; Deput ity/ 1erk Nl'RI M 16 MEMORANDUM OF MLMERSTANDING BEVIEEN THE MORRO BAY PEACE OFFICERS' ASSOCIATION AND THE CITY OF MORRO BAY ARTICIZ 1 - PURPOSE tvr3E??�S, the City of Morro Bay is a municipal corporation existing under th.e laws of the State of California as a general law city; and WFiLRE S, the City of Morro Bay is limited, insofar as funds are concerned, because of a fixed tax rate; and in structure because it is a public entity sager than a profit -making business; and Fw^?-AS, the Morro Bay Peace 'Officers' Association and t:> City of k1grrq Bay recognize that the mission and the purpose of the City is to provide for high - quality and economical -,municipal services and facilities to the residents of the City of Morro Bay. THEFS-ORE, this Memorandum of Understanding is entered into as of _june 22, 1981, between the City of Morro Bay, referred to as CITY and the Morro Bay Peace Officers' Association, referred to as ASSOCIATION_ It is the intent.and purpose of this memorandum to assure sound and .mutually beneficial working and economic relations and conditions between the parties hereto; to provide for an orderly and peaceable method and manner of resolving any differences which may arise and to negotiate any misunderstanding which could arise and to set forth herein the basic and full agreement between the parties concerning the pay wages, hours of employment, and other terns and conditions of employment. ARTICLE 3 - RENEGOTIATIONS In the event either party wants to renegotiate a successor Agreement, such oartv.shall serve upon the other during the period 1 February to 15 April, its written request to begin negotiations as well as its full and entire written proposals amending this Agreement. Upon receipt of such written notice and proposals, negotiations shall begin no later than thirty (30) days after such receipt or 15 April, whichever is later. AR?ICLE 4 - RECOGNITION Pursuant to the Resolution ro. 74-69, the Enployer-Employee Relations Resolution of the City of Morro Bay and applicable state law, the Morro Bay Peace officers' Association, SEIU, Local 660 (hereafter "ASSOCIATION") . was designated by the City of Morro Bay (hereafter "CITY") City Council as the representative of City employees in the Law Enforcement Unit (hereafter. "Unit"). The tern "employee" or "employees" as used herein shall refer only to employees employed by City in the employer classification comprising said unit as listed in ARTICLE 11 - SALARIES. _. ' ARTICTLE 5 - AUTHORIZED AGENTS For the express purpose of administering the terms and provisions of this agreement: A. Management's principle authorized agent shall be the City Administrator, or his/her duly authorized representative (address: 595 Harbor Street, Morro Bay, C3 93442; telephone (805) 772-1214), excect where a particular management representative is specifically designated in the agreement. B. The Morro Bay Peace Officers' Association principle authorized representative - shall be Steven Cooney-, General Manager, S.E.I.U. Local 660 (address_ 2404 Wilshire, Los Angeles 90057 (213) 385-5555; 1160 Ivarsh Street, Suite V, San Luis Obispo, CA 93401:telephone (805) 541-2313). ti_RTICL 6- MANAGEMENT The CITY retains all rights not specifically delegated by this agreement including but not limited to.the exclusive right to determine the mission of its corstituant departments; set standards of service; determine the. ' procediares and standards of selection for employment and promotion; direct its employees; take disciplinary. action for proper cause; relieve its emplovees from duty because of lack of work or for other legitimate reasons; maintain the efficiency of governmental operations; determine the methods, means and personnel by which government-1 operations are to be conducted; determine the content of job classifications; take all necessary actions to carry out -its - mission in emergencies and exercise control and direction over its organization and the technology of performing its work. ' The determination of whether or not an emergency exists is solely within the discretion of the CITY and is expressly excluded -from the grievance Drocedure. a ARTICT-E 7 - ANTI -DISCRIMINATION ' The CITY and ASSOCIATION mutually agree they will not discriminate against employees for the exercise of their rights under the State of California Government Code Section 3502. C ARTICLE B - ASSOCIATION BUSINESS Employees designated by the ASSOCIATION, including those designated as members of the ASSOCIATION negotiating team, shall be granted time, without loss of pay, to perform their ASSOCIATION function at meetings mutually set by the CITY and ASSOCIATION. Included within the time -off provisions of this Article are those meetings required for negotiating Memorandum of Understanding or exercising grievance procedures. It is understood that this time -off provision shall be limited to a maximum of three (3) persons attending any one ' meeting between CITY and ASSOCIATION and that the meetings referred to herein are between ASSOCIATION representation and the CITY'S Labor Relations Officer or City Administrator. i AP'iICLE 9 - WITHHOLDING OF ASSOCIATION DUES AND INSURANCE It is agreed that CITY will withhold ASSOCIATION dues and ASSOCIATION group insuraice premiums from the monthly pay of each permanent CITY employee who is a member of the ASSOCIATION. ASSOCIATION agrees to provide CITY with individual ASSOCIATION member authorizations signed by the individual ASSOCIATION member authorizing CITY to make agreed deductions; specifying the amount of each deduction; and authorizing CITY to issue a check, payable to ASSOCIATION, for the collective amount of the individual deductions.- CITY does not accept responsibility for computing the amounts of deductions or for : meeting payment dates which may not coincide with established pay periods.. CITY will issue a single check to the ASSOCIATION for the total amount of deductions withheld from the individual Police Officer's pay. The ASSOCIATION will be responsible for the accounting and disbursing of all such funds received from CITi. ASSOCIATION will be responsible for properly notifying CITY of any changes in deductions and will be the sole agent through which CITY will act in e-r-olaining, initiating, executing, or terminating the provisions of this Article. Such notification must be received by the City -at least two weeks prior to the effective date .of the change. Also, such change notice must include a copy of t're notice sent to the employees officially telling them of the change. I 14 .♦ 0 ARTICLE 10 - WORK SCHEDULE A. This article is intended to define the normal hours of work and shall not be construed as a guarantee of work per day or per week, or of days of work per week. WOR:10AY: The normal workday shall be eight (8) hours of work in a twenty-four (24) consecutive hour period, except in of emergencies. The briefing period will normally be held prior to the beginning of the eight (8) hour workday. It is agreed that briefing period and lunch period are included within the agreed salary schedules and that no additional compensation will be paid or is due for the lunch period or briefing period.. i'iORKSHIFT:, Employees shall be scheduled to work on regular workshifts having regular. -starting and quitting times. Except for emergencies, employees'_ workshifts shall not be changed without prior notice to the employee. Call -out or overtime does not constitutue a change in work - shift. WORKi—EEK: The normal workweek shall be five (5) workdays and two (2) days of rest -in a seven (7) consecutive day period, except in cases of emergencies. EMERGENCIES: Nothing herein shall be construed to limit or restrict the authority of management to make temporary assignments to different or additional locations, shifts, or duties for the purpose of meeting an emergency.': Such emergency assignments shall not extend beyond the period of said emergency. B. Delete Section 8 of second Addendum dated 8-30-79. r C.i ARTICLE 11 - SALARIES The parties agree to the following yearly salaries during .the term of this agreement. A. Effective 4 July 1981, there shall be a six percent,(68) increase in salaries. The new salary ranges shall be: . YEARLY - Sergeant $17,833 - 22,202 Detective/Investigator 16,312 - 20,499 Police Officer 15,423 - 19,358 Police Dispatcher/Clerk 10,971 - 13,733 B. .Effective 2 January 1982, there shall be a one percent (1%) increase in salaries. The new salary ranges shall be: YEARLY Sergeant' $18,011 - 22,424 Detective/Investigator 16,475 - 20,704 Police Officer 15,577 - 19,552 Police Dispatcher/Clerk 11,081--13,870 C. Effective 3 July 1982, there shall be a six percent (6%) increase in salaries. The new salary ranges shall be: - YEARLY Sergeant $19,092 - 23,769 Detective/Investigator - 17,4647,21,946 Police Officer 16,512 - 20,725 . Police Dispatcher/Clerk 11,746 - 14,702 D. Effective 1 January 1983, there shall be a one percent (1%) increase in salaries. The new salary ranges shall be: YEARLY Sergeant $19,283 - 24,007 Detective/Investigator 17,639 - 22,165 Police Officer 16,677 - 20,932 Police Dispatcher/Clerk 11,863 - 14,849 E. Effective 9 April 1983, there shall be a one percent (1%) increase in salaries. The -new salary ranges shall be: YEARLY Sergeant $19,476 - 24,248 Detective/Investigator 17,815 - 22,387 Police Officer 16,844 - 21,141 Police Dispatcher/Clerk 11,982 - 14,997 I ARTICLE 12 - MZDICAL INSURANCE ~ i During the term of this agreement, the employees shall pav the following ' monthly premium rates for medical and dental insurance: 2•fc.DICAL DENTAL Employee -0- -0- Employee + 1 dependent $19.59 $3.07 . Employee + 2 or more $32.47 $3.07 dependents 0 A ARTICLE 13- EDUCATIONAL INCENTIVES CITY agrees to reimburse the cost of tuition and books for members of the ASSOCIATION successfully passing Police Science courses approved and authorized in advance by the Chief of Police and the City Administrator. Successful passing of a course is defined as a final "C" grade or better. All books paid for by CITY will become City property to be used as a police library. CITY agrees to provide a City vehicle for transportation to and from classes on a car-pool basis and as a vehicle is available. No mileage payments are authorized for personal transportation.' For ASSOCIATION -members possessing the Intermediate P.O.S.T. Certificate, CITY agrees to pay an increase of three percent (3%) over the salary range and step schedule established for the position classification held by the ASSOCIATION member and as specified in the prevailing resolution adopting a Salary Schedule and Position Classification for City employees. For ASSOCIATION members possessing the Advanced P.O-S.T. Certificate, CITY agrees to pay an increase of six percent (o's) over the salary range and step schedule established for the position classification held by the ASSOCIATION member and as specified in the prevailing resolution adopting a Salary Schedule and Position Classification for 'City employees - El A.FTICLE 14 -. UNIFORMS A. The uniform of the Law Enforcement Unit is a two-piece work uniform . of a style, material, and manufacture determined by the Police Chief. Two (2) sets of uniforms, one (1) jacket and hat, and one (1) set of safety equipment will be provided to each ASSOCIATION member by the CITY upon initial employment -with the Police Department. Replacements will be provided by the CITY on an "as needed basis" as determined by the Police Chief. Each ASSOCIATION member shall be responsible for the maintenance of said uniforms and equipment, and must furnish their own safety footgear of a type, style, and manufacture as determined by the Police Chief. B. Beginning 1 July -and ending 31 July of each year, the police Chief will cause to be received written requests for bullet-proof .vests from any ASSOCIATION member so desiring one. The number of bullet-proof vests purchased and issued each year shall be.determined by the Police Chief. Each ASSOCIATION member issued a bullet-proof vest shall,wear such vest at all times while on -duty. �' I IC 9611 94 ARTICLE 15 - HOLIDAYS A. For purposes of this agreement,the following days are the holidays for the employees in this unit: New Year's Day - Lincoln's Birthday Washington's Birthday Memorial Day - Independence Day Labor Day Admission's Day Veteran's Day Thanksgiving Day Day After Thanksgiving Christmas Floating Holiday,. It is agreed that no employee is guaranteed the actual holiday as a day off. B. Holidays Proclaimed by Government Officials It is agreed that when a holiday is proclaimed by the Mayor of the CITY then each permanent member of the Morro Bay Peace Officers' Association shall be granted time -off in the same number of hours as equivalent to the time -off granted other employees of the CITY. Such time -off shall be selected by the Police Chief. ARTICLE 16 - VACATION The following is a list of vacation accrual entitlement by years of employment: ENTITLEMENT YEARS IN DAYS 1 - 2 10 3 - 4 11 5 - 6 12 7 - 8 13 9 - 10 14 11 - 12 15 13 - 14 16 15 - 16 17 . 17 -. '18 18 19 -. 20 19 21 or more 20 In determining priority of individual members for assignment of vacation periods, "seniority within rank" shall be the primary criteria. It is* . agreed that every effort will be made to permit ASSOCIATION members to take vacation at a time and for periods 'as close to members' preference as possible consistent with the necessity for maintaining adequate manning to assure performance of police department functions. It is further agreed that every effort will be made to schedule individual vacation periods so as to maximize consecutive vacation days off consistent with annual vacation entitlements. C ARTICLE 17- SHOOTING QUALIFICATION PAY -. The parties agree that employees in this unit will participate in four (4) range sessions per fiscal year. Two (2) range sessions will be practice and .two (2) will be qualifying range sessions. CITY agrees to pay to ASSOCIATION members a monthly shooting qualification.pay to be adjusted each January 1st and July 1st in accordance with the following schedule: Marksman 70-79 score 42-48 hits = $5.00 Sharpshooter 80-86 score 49-52 hits = 10.00 Expert 87-93 score 53-56 hits = 15.00 Master 94 + score 57-60 hits = 20.00 Qualification rounds will be fired with service weapons and against targets prescribed by the Chief of Police. ARTICLE 18 - OVERTI,%M Overtime is defined as all work authorized by management and actually worked by the employee in excess of forty (40) hours worked in a workweek. Increments of less than fifteen (15) minutes shall not be counted as overtime. For the purpose of defining hours worked, vacation leave and holidays shall be considered as time worked in a workweek. Effective 4 July 1981, all overtime as defined above shall be paid at the rate of one and one -quarter the base hourly.rate. Effective 3 July 1982, all overtime as defined above shall be paid at the rate of one and one-half the base hourly rate. . C ARTICLE 19 - SPECIAL PAY PRACTICES A. Standby: Standby duty is defined as that circumstance which requires an employee so assigned to: 1. Be ready to respond immediately to a call for service; 2. Be.readily available at all hours by telephone; and 3. Refrain from activities which might impair his/her assigned duties upon call. = Employees on standby shall be compensated at the rate of two dollars and fifty cents (52.50) per twenty-four (24) hours of accumulated standby time. B. Call -Back: Call-back is defined as that circumstance which requires an -employee to unexpectedly return to work after the employee has left work at the end of the employee's work shift; except that, an early call in of up to two hours prior to the scheduled start of a work shift shall not count as a call-back. City will pay either a two (2) hour minimum computed at straight hourly rate or will pay for all time actually worked, whichever is greater, to any employee called back as defined above. H 11 ARTICLE 20 - MILEAGE CITY will pay $.20 per mile as reimbursement to members of the Peace Officers Association for all mileage they incur when on official business, provided there is no police car or other pool car available for City business. Said reimbursement shall be subject to availability of funds in the City budget and prior approval by the City Administrator prior to any such occurrence being authorized. - ARTICLE 21 - COURT APPEARANCE PAY CITY agrees to pay ASSOCIATION members for required "off -duty" court appearances. Computation shall be at *a straight hourly rate for each hour spent in court with a minimum rate of two hours paid even though court appearance was not required after arrival at the scheduled place. I� A ARTICLE 22 - "OFF -DUTY" MEETING PAY CITY agrees to pay ASSOCIATION members for attendance at "off -duty" meetings or training periods excepting any practice or qualifying range sessions, which are required by the Chief of Police and approved by the City Administrator. k C ARTICLE 23 - DEPOSIT OF DEDUCIIOATS It is agreed that CITY will deposit payroll deductions made payable to the San Luis Obispo city and County Employee Credit Union providing the ASSOCIATIW makes arrangements for such services that are acceptable to bobs members and CITY under the same condition as prevails for decuctions lz,. Article 9 ARTICLE 24 - BULLnlIN BOARDS CITY agrees to furnish space for ASSOCIATION -purchased bulletin boards of reasonable size for the posting of ASSOCIATION material. location of suc`i bulletin boards &hall be at the Police Station in an area conmonly used for briefings or reeti_gs. 6.. ARTICLE 25- FULL UNDERSTANDING, MODIFICATION, WAIVER This Agreement sets forth the full and entire understanding of the parties regarding the matters set forth herein, and any other prior or existing understanding or agreements by the parties, whether formal or informal, regarding any such matters are hereby superseded or terminated in their entirety. It is agreed and understood that each party hereto voluntarily and unqualifiedly waives its right to negotiate, and agrees that the other party shall not be required to negotiate, with respect to any matter covered herein. No agreement, alteration, understanding.variation, waiver, or modification of any of the. terms or provisions contained herein shall in any manner be binding upon the parties hereto unless made and executed in writing by all parties hereto, and if required, approved by the City and - ratified by the membership of the Association. The waiver of any breach of any term, or condition of this Agreement by either party shall not constitute a precedent in the future enforcement of all its terms and provisions. ARTICLE 26 - NO STRIKE, SLOW -DOWN OR OTHER INTERRUPTION TO WORK f ASSOCIATION agrees not to cause, authorize, advise, encourage or participate in any interruption of work or any other concerted action. The term "interruption of work" shall mean any work stoppage or strike (including economic and unfair labor practice strikes) or any intentional slow -down of work. The term "other concerted action" includes picketing or boycott activities by the ASSOCIATION. Participation by any employee in any activity resulting in interruption of work or other concerted action or use of paid or unpaid leave for these purposes shall : subject employee to disciplinary action, up to and including, discharge. When the Municipal Employee Relations officer has 'reason to believe that such leave is . being used as a method of interrupting work, the burden of proof of illness is upon the employee. Doctor's statements can be required. ARTICLE 27 - The CITY agrees that authorized ASSOCIATION staff representatives shall be given access to work locations during working hogs to conduct grievance investigations and/or observe working conditions. These visits are to be made with the prior knowledge and approval of the Department Head and a management representative may accompany the staff member on the visit provided the visit is to observe working conditions. A staff representative is defined as a paid,�full-time or part-time employee of the S.E.I.U.. The ASSOCIATION shall provide the City Administrator a list of all authorized staff representatives and the list shall be kept current by the ASSQCI.ATIQN. ARTICLE 28 - ASSOCIATION STEPUMS The CITY agrees that the. ASSOCIATION may designate stewards to represent employees in the processing of grievances. The ASSOCIATION shall furnish the City Administrator with a written list identifying by name and work location all regular and alternate stewards and the list shall be kept current by the ASSOCIATION at all ti_ttes. The stewards are to begin investigating grievances onlv after the employee has tried to resolve the problem with his/her immediate supervisor and the two parties have failed to reach resolution to the problem. ARTICLE 29- PROCESSING OF FORMAL GRIEVANCES' A. The ASSOCIATION agrees that whenever investigation_ or processing of a grievance is to be transacted during working hours, only the amount of time necessary to bring about a prompt disposition of the matter will be utilized. It is further agreed that the time spent on. an investigation and processing of grievances will not interfer with the normal operation of the department. CITY agrees to provide every reasonable amount of time for the investigation and the processing of a grievance, but by so agreeing ' does not imply that the processing or investigation of a grievance shall take priority over normal functions of the department. CITY further agrees that any payment of overtime arising because of ASSOCIATION personnel's involvement in grievance investigation or processing shall not be authorized. Time spent on the investigation and processing of grievances will be recorded on a form provided by CITY. Stewards will be permitted reasonable time -off with pay for the investigation and processing of grievances provided, however, that stewards shall first obtain pernission from the department head and/or.his/her designee and inform him/her of the nature of his/her business. CITY shall grant such permission promptly unless such -absence would cause an undue interruption of work or, would require the.CITY to pay overtime in order to maintain the normal operation of the department. - Upon entering the work location, the steward shall inform the department head and supervisor of the nature of his/her business. Permission to leave a job will be granted to the employee involved unless such absence would cause an.interruption of work. If the employee cannot be made available, the steward will seek an alternate time for employee availability with the departrent head or supervisor. It is agreed that in some.instances the investigation and processing of a grievance may be accomplished on the employees tine. This agreement is in recognition of the mutual sharing of costs involved in the handling of .employee initiated actions. B. GRIEVANCE PROCEDURE The primary purpose of this procedure shall be to provide a means whereby an employee, without jeopardizing his employment, can express a personal grievance relating to.his wages; hours of work, and working conditions, and obtain a fair and equitable disposition of his grievance. DEFINITION OF INFORMAL GRIEVANCE An informal grievance is defined.as a verbal disagreement by an employee expressed to his supervisor with a request to informally,discuss the grievance with the supervisor and/or the department head. DEFINITION OF FORMAL GRIEVANCE A formal grievance shall be defined as any written complaint of an employee filed with his immediate supervisor within thirty (30) days of the subject of the grievance relating to his wages; hours of work, and working conditions. INFOFt•_AL DISCUSSION.WITH SUPERVISOR An employee shall first pursue all informal grievances with his supervisors and. at any time that the employee or the supervisor or department head deem that the informal grievance is a formal grievance, the employee may reduce it to a formal written grievance. An employee with an informal grievance is encouraged first to attempt to resolve the problem by discussing it informally with his first line supervisor before filing a written grievance. FORb_aL CONFERENCE WITH SUPERVISOR If an employee does not obtain satisfaction of his informal grievance by means of an informal' discussion with his supervisor, or if he is unable to coumunicate with his supervisor, he and/or his representative may, by written grievance, request and shall be accorded a formal conference within ten (10) days -with the "supervisor and/or department head. The decision of the supervisor shall be.reported to the employee and/or his representative within five (5) business days of the date the conference was held with the supervisor. DEPARTMENTAL REVIEW ' In the event the employee does not obtain satisfaction at any level of review by means of informal or formal grievance and a formal conference with his supervisors, he and/or.his representative may.submit the grievance in. writing to :the supervisor or department head. The procedure to be followed by the supervisor who receives a grievance in writing shall be established by each department -head for his department, and shall include review of the grievance by the immediate supervisor and such successively higher levels of management.as may be determined by the department head. A cumulative record of the decision and the reason for the decision at each level of reyiew shall be maintained. .The ultimate decision shall be that.of the department bead_ . The decision must be.reported to the employee in writing within ten (10) business days of the date that the request for departmental review was submitted to the supervisor. APPEAL TO THE CITY ADMINISTRATOR - - - In the event the employee does not obtain satisfaction by means of the departmental review, he and/or his representative shall submit the grievance in writing to the City Administrator within 10 days after notification of the departmental decision is given to the employee. The City Administrator may meet with the employee and/or his representative and the department head before I making a decision; or may waive administrative review and refer the grievance directly to a committee of the City Council a_pppinted to hear grievances. A copy of his decision on the matter must be presented to the employee within ten (10) business days of the date the grievance wag filed with the City Administrator. SUBMISSION.TO A COMMITTEE OF THE CITY COUNCIL In the event that the employee does not obtain satisfaction by means of the administrative.. procedures outlined above, he may request a hearing by a committee of the City Council. The hearing shall be held by the committee within fifteen (15) business days of the date of receipt of the request at the convenience of all parties, unless waived by coz=n consent of the employee and the department head. The hearing shall be informal. The employee and/or his representative, the department head and/or the City Administrator shall -appear before the committee to -present facts pertinent to the case. The burden of proof shall rest with the employee'. The committee shall limit its review of the grievance procedure and shall sake its decision within thirty (30) days after the termination of* the hearing unless a reasonable time extension is deemed necessary and all parties are notified. TIME LIMITS In case the time limits outlined above are not observed by the representative of the City, the employee and/or his representative shall have the right to carry the grievance directly to the next higher level of review_ GROUP GRIEVP_dCE PROCEDURE The recognized employee organizations may present a general grievance (affecting several employees) in writing directly to the City Administrator. Upon receipt of such a grievance, the City Administrator shall establish a time for a hearing, at which time all affected parties may appear before the City Administrator to present facts pertinent to the issue. The decision of the City Administrator shall be presented to all parties concerned within fifteen (15) business days and'shall be appealable by the group to a committee of the City Council for their findings and recommendations within thirty (30) days. If either party wishes to appeal, they may file an appeal with the City Council as a whole within five (5).working days of the final decision of the committee of the City Council. C ARTICLE 30 - swiNrs PRovisioV If any provision(s) are held to be contrary to law by a court of competent jurisdiction, such provisions will not be deemed valid and subsisting except to the extent „'tted by law, but all other provisions will continue in full force and effect. C In I In DATES. DATE SIG: ZD aaJunt i9 � DAia SIC D _ C RESOLUTION NO. 6 3'4 RESOLUTION OF THE CITY COUNCIL CITY OF MORRO BAY ESTABLISHING A COMMUNITY BAND WHEREAS, within the City of Morro Bay a group of volunteer musicians called the "White Caps" gather to play at various community and out of town events. WHEREAS, this band was created within the community by volunteer citizens of Morro Bay. WHEREAS, during this last year, the "White Caps" have played at numerous events representing the Morro Bay Community and have provided a positive representation of the City and its' people.. WHEREAS, this band represents positive community spirit, enhances the quality of life, brings good cheer and provides enjoyment for people of all ages through music. NOW,_.THEREFORE, BE IT RESOLVED that the City of Morro bay adopt this resolution to proclaim the "White Caps" as the official Community Band for the City of Morro Bay. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof held this day of by the following roll call vote:' AYES: NOES: ABSENT: ATTEST: WARREN M. DORN, Mayor BONITA MURRAY, Deputy City Clerk. a 0 M E M O R A N D U M TO: Paul Baxter, City Administrator FROM: Mary Sanders, Recreation Director DATE: June 26, 1981 SUBJECT: Request for "Adopting" the Band The Community Band has been an on going program since July, 1980 offering both an educational and a.�cultural leisure experience. The administration of the group is minimal and the schedule requested does not conflict with any user fee classes. The rewards from this group's enthusiastic attitude and community spirit is priceless. The new fee schedule would require the Band to pay $117.00 for their practice time in the Recreation Hall. Since this group does not collect dues or play for a fee they have no means of generating the rent. I recommend the Community Band be "adopted" by the City of Morro Bay and have all practice rent fees waived. Currently the Morro Bay Art Association has "adopted" the Free Senior Citizen Art Program and the positive feedback has been tremendous. Update: July 9, 1981 On July 3, 1981, the Recreation Department accepted an anonymous donation in the amount of $117.00 to cover the rent for the Band practice sessions -during the fiscal year 1981-82. At this time I recommend that the Council adopt a resolution es- tablishing the "White Caps" as the official Morro Bay Community Band and commend them for their outstanding volunteer service. ,I. 6 0 MORRO BAY WHITE CAPS 772-1369 July 1, 1981 The Honorable City Council of Morro Bay City Hall Morro Bay, California 93442 Dear Mayor, Councilmen and Councilwomen: While it is my understanding that the City of Morro Bay does not "sponsor" city clubs and groups as such, we would like to, indeed, need to be "adopted," for want of a better term, by the City of Morro Bay. The following reasons seem to be pertin'ent: 1. Esprit de Corps is all-important to any voluntary group, which historically has been, and is now regarded as representing the City by observers and listeners. I speak here of the "Morro Bay White Caps -- a community band." This espirt is a subtle and personal thing. It is tied closely to manifest patriotism and local pride. It is given freely and can never be bought as such. It carries its own joy and pride. It is capable of inspiring joy and pride in others. Players in such a band need to feel worthy and worthwhile for the band to grow. Growth, in band terms, leads to quality in terms of diversity of instrumentation, never growth for the sake of size alone. City "foster -parentage" will lead directly to this feeling of worthiness. I think that I can promise you this. (This is getting wordy, but read on!) 2. I do believe that each of you during your campaigns expressed a strong desire to "bring our citizenry together"; "seek a common purpose"; and to "heal old wounds". This is of record. The "White Caps" membership consists of players from both sides of that political contest. We "toot and flute" happily together. We decided in our infancy not to invite divisiveness by performing for any 7-1-B1 Page 2 Encl political rally or divisive issue. I believe that we are now so viewed by our growing listening audience. We think that we can help you in your resolve. We ask no financial support for ongoing expenses from the city. We feel independent. Our expenses for maintenance and growth, while being of some consideration, may well be handled through other means. We plan 'never to charge a fee for playing for public and worthwhile causes whether in Morro Bay or nearby communities. It seems, however, that certain private entities and organizations may offer honoraria for concerts. These funds, if offered, may be used for band maintenance (mailing, music etc.) and also for certain city projects in the judgment of the "Friends of the Band" - our support group. 4. Regularity, and a home -base, or practice room, is a must for a growing band. In return for music, our band would like to request that the present quarters, Morro Bay Recreational Hall, so gener- ously provided through our Recreation Department, and arranged by Mary Sanders and her staff, con- tinue to be supplied to the band as its home - base at no charge. 5. Finally, a word about inter -city cooperation. Many Morro Bay residents play, for their wider pleasure, in the SLO County Band; in return some players from other communities freely play with the "White Caps". Our relationship with Cole Binyon of the SLO County Band continues to be one of mutual support. Musicians seem never to have heard of "City Limits" - let's hope this continues. Cordially, � 4� The White Caps, The Friends of the Band & Ed Smith, conductor The Community Band - Paynter, 1979, with bibliography of community band literature. ire :. M: " - RESOLUTION NO. 67-81 RESOLUTION ESTABLISHING USER RATES AND RELATED FEES AND DEPOSITS FOR WATER AND SEWER SERVICES THE CITY COUNCIL City of Morro Bay, California WHEREAS, the City wishes to continue to provide an adequate and reliable water supply; and 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, the City Council finds that adjustments in rates charged for these services are necessary to provide additional funds for system maintenance, operation and improvements. NOW, THEREFORE, BE IT RESOLVED that the attached schedule of user rates, fees, and deposits for water and sewer services is adopted, effective for the billings prepared in the first part of September, 1981. PASSED AND ADOPTED by the City Council'•of the City of Morro Bay at a regular meeting held thereof on the 13th day of July, 1981, by the following roll call vote: AYES: Anderson, Deutsch, Dorn, Lemons, Ward NOES: None ABSENT: None WARREN M. DORN, Mayor ATTEST: BONITA KAY MURRW, Ueputy,--(�itV er a I. Cal C) CD C) C) OD CD C) c) C) In C� C, C) 40 0 C, CO C> 41 N in L� a to C;, cD !Ln r- Ln -C" cl to Ln (D r- C�, CD in C> Ln C) 0 C> CV CD U') r-- tn 0 1,- CC $4. th r4 CD Lf) en In rn C; :. cc 4J Ln Ln r- en cn qw %D 0 cli 0 Go CD c> C) 0 .;,Ln Lr) C) C) Ln 0 C C3 CD C) toC) tn C) $4 00 fn 74 Lh —w C) M Ln r4 c; C) - co 0 44 b, Ln rn %D . (n r_ $4 fa CD Ln Ln Ln C14 C) C) C$ 40 C) C) Ln : C) Cl Ln C 4.) (D c%i Ln C:l M u r-I .-T In r) C) rn ' C) Lrs a) tO Q. 04 r4 en C.0) p �Ln M 0 C) Cp Ln C) C) CD CD 0 C) CD C) C) Op C� O O r: en 4 c; c4 Ln CD 0 C> (n CV tn 44 r4 C) 4J r: co -H r-I 4J C) O C> 0 Ln CD (D C> -H Ez U Q) r C:O 0 Ln Ln r-I r) L4 %SL p Ln P4 tn Ln tD V) 41 A a) rl $4 50 4J 0 0) Ul F14 41 A4 ro k + - 0 t3l 0 4.) (D - t7l >, to U U) $4 14 $4 E ri V) tn Cl $4 to rd (1) 14, it 4J $4 r CJ ty, - 41 4 4J $4 L) to .0 43 0 CO 4 9 4J ul 4 J 44 E -H - (D M to a) z 0 -�4 j to fn to C) Cq m PROPOSED SEWAGE RATE ' Use Category Existing 81-82 82-83 83-84 84-85 Single Family & Equiv./mo. 1.75 4.00 6.00 8.00 11.00 Special Rate Com'l.(l) 0.24 0.55 0.82 1.10 1.50 :.vailability Charge 355 1000 1125 1250 1375 (1)Based on per 100 CF of water use. d RESOLUTION NO. 66-81 RESOLUTION ADOPTING A BUDGET AND MAKING APPROPRIATIONS FOR FISCAL YEAR 1981-82 . THE CITY COUNCIL City of Morro Bay, California WHEREAS, the City of Morro Bay is required to appropriate and expend public funds to conduct its business activities on a day-to-day basis; and WHEREAS, the City Council and City staff personnel have expended many hours preparing and reviewing City needs; and WHEREAS, the City Council finds and determines that the efficiency, economy and effectiveness of City government operations would be substantially impaired if such appropriation -expenditures could not be incurred or paid on a daily basis; and WHEREAS, Section 37208 of the California Government Code provides that payments 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 (1) The 1981-82 Manager's Recommended budget is adopted with the changes ordered by the City Council at its meetings of June 29, 1981 and July 13, 1981 and all amounts are appropriated accordingly; and (2) Staff is directed to prepare and publish a final budget document incorporating all the aforementioned changes and all changes resulting from Council approved salary and benefit adjustments as soon as practicable after the salary negotiations are concluded; and (3) The City Administrator is authorized to transfer appropriations anywhere within the adopted budget as long as total bottom line appropriations are not exceeded. Otherwise, appropriation control is intended to be at the division bottom line for operations and project bottom line for capital projects. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof held the 13th day of July, 1981, by the following roll call vote: AYES: Anderson, Deutsch, Dorn, Lemons, Ward NOES: None ABSENT: None Ic ATTEST: WARREN M. DORN, Mayor epu ity r 198A BUDGET PROGRESS THROUGH ZILY 13, 1981 Manager's Recommended Appropriations, All Funds $5,514,072 Additions, 6/29/81 Council Meeting: 01-4610 - EMT II Contribution & Training 3,400 01-4610 - Refurbish Van for Transport 2,200 33-4961 - Harbor Four -Wheel Drive Vehicle 12,000 01-4831 - Aid to Other Agencies 5,800 Reductions, 6/29/81 Council Meeting: 01-4510 - Police Supplies Correction (3,600) 01-4906 - Beach Street Stabilization (10,750) 01-4730 - X-Gutter Construction (1,500) 12-4730 - Kennedy Way Sidewalk (3,000) INTERIM BUDGET @ 6/29/81 $5,518,622 Additions, 7/13/81 Council Meeting: 01-4510 - Narcotics Task Force Contribution 7,000 Reductions, 7/13/81 Council Meeting: 01-4320 - Recreation Contract Instruction (7,831) ADOPTED BUDGET, 7/13/81, APPROPRIATIONS 5,517,791 Unappropriated Fund Balance 212,181 TOTAL REQUIREMENTS $5,729,972 Manager's Recommended Estimated Revenue, All Funds $3,758,901 Changes, 7/13/81 Council Meeting: State Subvention Reductions (103,000) Recreation Fees 8,900 Water Services 202,000 Sewer Services 108,000 ADOPTED BUDGET, 7/13/81, ESTIMATED REVENUE 3,974,801 Beginning Fund Balance 1,755,171 TOTAL RESOURCES $5,729,972 1981-82 BUDGET PROGRESS THROUGH JUNE 29, 1981 . Manager's Recommended Appropriations, All Funds $5,514.,072 Additions, 6/29/81 Council Meeting: 01-4610 - EMT II Contribution & Training 3,400 01-4610 - Refurbish Van for Transport 2,200 33-4961 - Harbor Four -Wheel Drive Vehicle 12,000 01-4831 - Aid to Other Agencies 5,800 Reductions, 6/29/81 Council Meeting: 01-4510 - Police Supplies Correction (3,600) 01-4906 - Beach Street Stabilization (10,750) 01-4730 - X-Gutter Construction (1,500) 12-4730 - Kennedy Way Sidewalk 3,000 INTERIM BUDGET @ 6/29/81 $5,518,622 RESOLUTION NO. 65-81 RESOLUTION APPROVING'AND ADOPTING AN INTERIM BUDGET FOR THE FISCAL YEAR 1981-82 THE CITY COUNCIL 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 of city government would be substantially impaired if such expenditures could not be made to meet 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 of 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 the attached page of the Preliminary Budget entitled "1981-82 Budget Summary - Manager Recommends", attached hereto as Exhibit "A" and by reference made a part hereof, is hereby adopted by the City Council as an Interim Budget for the City of Morro Bay for Fiscal Year 1981-82 pending adoption of a Final Budget on the following conditions: 1. Specifically excluded from this Interim Budget, Exhibit "A" are all capital projects and capital outlay items included in the departmental operating expenditures. 2. Any expenditure made shall be in accordance with the Manager's Recommended column of the detail budget. BE IT FURTHER RESOLVED that it is the intention of the City Council that only those expenditures necessary to provide day-to-day services to sustain on -going programs, to fulfill executed contracts, to meet payroll obligations, and to meet monthly housekeeping obligations shall be made as specifically authroized by. the City Administrator. PASSED AND ADOPTED by the City Council of the City of Morro Bay at an adjourned meeting thereof held this 29th day of June, 1981 by the following roll call vote: AYES: Anderson, Deutsch, Dorn, Lemons, Ward NOES: None ABSENT: None ATTEST: JOHN_D� LEMONS, _MAYOR .PRO TEMPORE iPAUL-_BA'XTER, _CITY';CLER — -� EXHIBIT A H > H H n H O o < o o d o ro Y > n N Y Y Y Y O G G G R Y 0 Y Y'G RJ R G K Y R N Q G ozm"Ho n J R R i nY'M'ri M n nYnRYY O K 1Yn Y KGK Y < n> 3 Y x G n n n Y ro G p Y n c n> J O O^J n Ron o> do JV 0 n •' " K K r.'O Y R n a G G14 a� 0. U �tdtAu d >GN RY 3X Y [[••roaG R wn<n 3 na< p Yn n O Cn J c ro n Y.R In Onr. o mJ d J< n a Jan n o nYo•• V. RRo n nl- l� J OG�o •• n R> ro J Y O R C 'v 6 n •• n R n l0 ro Y K . J Y R m > n 9 o n n a •• n w n N N N N N m n Y ll P•VW N Y Y A AWN WNYY Y M 1 N JYY U U Y W O IAOP AIDOPtIIN Z O ' y A m O W V V V O O U J O Y Y W N V O aM N O ID A V m W O J P U O O O O a A N U U Y O W Or•O W N ON O Y ONJUYV PJa jr p Y n Y M H ro O 1 00 O O O' T• m 3 O O O O O O D n a X K n 7H n 1 V W P V Y F• a Y a Y M R 3 " O W U m W W U1..1 OV O 'J 1 Y.N n Z O 1 O O O Gl P O J V P M K i P P O P O O P O O W W O 6 n J JO J O O J O U ON •p 9 M H R a 1 m m M 0 n a V N W W N Y 3 J �D J J N N W m Y Y ill M F+ 0 N Y P P A N lO YY H O N J 1 U N U U J U U P O 'jI y P P O P O O P O J Ym O 2 N H > YN A A Y N N•q 1. b I lD0 V V U P lom MMMro 1 J 1 JO J J O W alO HM U U O U U O J N P K O NY A A A M•D W P J W W W > M J N> J J J 7< - a M J V O J J J Y Z - a0 u mY In v m nM J W W J N Y N A • WOO W U O U m O U W O M V V O O V O O O V O i W Y a J JOO J O O O J O U PP W Y Y W W N N P P N Y 1'• Y W N YY m ' O W 'L O O O m O O JO M U U O U O O U O O Pm $tl W V O W O O W O m UO N N > Y N A P P J W O YN S O V Y O W W J Y W Am T u O A O O > O O lDa �Wf N N O N O O N O N 00 'A N N N N N N Z U OU U U U p a O 00 O O O 0 00 0 0 o n M H O S J W W J J J I"1 •y o YlJ o 0 o HO 0 00 0 0 o nfn ' H I vY N Y N JJ N V' >A N PPPWII�YY Yr I Y llU Y l YPVW P WJIOiUOPPV H � oUUoaaN WP Y N �✓�+ N N�ONOWO_ ^ ON�1/�Y�OP YP� __ RESOLUTION NO. 64-81 A RESOLUTION ADOPTING AND APPROVING THE LOCAL COASTAL PROGRAM PROPOSED LAND USE PLAN T H E :_C I T Y C 0 U N C I L. City of Morro Bay, California WHEREAS, the Legislature of the'State of California did pass'and adopt the Coastal Act of 1976; and WHEREAS, said Coastal,'Act.did require the State Coastal,-Commission.to adopt Local Coastal Program Regulations prescribing the procedures for preparation, submission and approval of Local Coastal Programs; and WHEREAS, said Coastal Act and Regulations did require all coastal communities to prepare a Local Coastal Program establishing requirements and guidelines for those areas within a community which were located in the Coastal Zone, consisting of a Land Use Plan and implementing ordinances; and WHEREAS, the City of Morro Bay has followed the procedures of the said Coastal Act and Regulations in the preparation of a Proposed Land Use Plan;. and WHEREAS, the City Planning Commission and City Council have held public hearings on the Proposed Land Use Plan, at which time public testimony was accepted. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay as follows: SECTION 1. That the City Council does certify its intention to carry' out the proposed Land Use Plan (being a portion of the Morro Bay Local Coastal Program) in full conformity with the Coastal Act of 1976. SECTION 2. That the Proposed Land Use Plan is hereby adopted and submitted to the State Coastal Commission for approval in accordance with the procedures of the California Coastal Commission Regulations -as' revised November 18, 198ff p pursuant to Section 00070 (b) 2. PASSED AND ADOPTED by the City Council of the -City of Morro Bay at a special meeting held thereof on the 25th day of June, 1981 by the following roll call vote: AYES: Anderson, Deutsch, Dorn, Lemons, Ward NOES: None ABSENT: None WARREN M. DORN, Mayor ATTEST: Deputy7� ty%oler i • RESOLUTION No. 63-81 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, CALIFORNIA, RELATING TO THE CLASSIFICATION, COMPENSATION, AND TERMS OF EMPLOYMENT OF NON -MANAGEMENT SWORN POLICE EMPLOYEES OF THE CITY OF MORRO BAY T H E C I T Y C O U N C I L City of Morro Bay, California WHEREAS, in accordance with the provisions of the California Government Code Sections 3500 et. seq, and Resolution No. 74-69 of the City of Morro Bay, the City's management representatives have met and conferred in good faith with the representatives of the Morro Bay Peace Officers' Association pertaining to the subject of wages, benefits, and conditions of employment for the non-management,,'sworn police employees of the City: and WHEREAS, the meetings between the Morro Bay Peace Officers' Association and the City has resulted in"a' mutual agreement and understanding to recommend that the employees represented by the Morro'Bay Peace Officers' Association accept all of the terms and conditions as set forth in a Memorandum of Understanding, an agreement attached and made a part of this resolution herewith; and WHEREAS, the City now desires to provide said salary increases and changes in benefits to said police employees of the City of Morro Bay; NOW, THEREFORE, BE IT RESOLVED that the Morro Bay City Council does hereby approve and adopt in full the Memorandum of Understanding as attached and made a part of this resolution herewith. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof held this 22nd day of June, 1981 by the following roll call vote: AYES: Anderson, Deutsch, Dorn, Lemons, Ward NOES: None ABSENT: None ATTEST: b WAS/RREii N M. DORN, Mayor RESOLUTION NO. 62-81 ' RESOLUTION ESTABLISHING CHARGES FOR TRANSPORTATION OF CRITICALLY ILL OR INJURED PATIENTS TO THE HOSPITAL BY THE FIRE DEPARTMENT, WHEREAS, the City of Morro Bay can save lives by having the Fire Department transport critically ill or injured patients to the hospital; and WHEREAS, transportation of patients will only occur when the ambulance service is unavailable; and WHEREAS, there is substantial costs to the City of Morro Bay for transporting patients to hospitals; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay that patients transported to the hospital by the Morro Bay Fire Department will be charged $100.00 per transport. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof held this 13th day of July 1981, by the following roll call vote: AYES: Anderson, Deutsch, Dorn, Lemons, Ward NOES: None ABSENT: None WARREN M. DORN, Mayor ATTEST: BONITA KAY MURRAY Deputy City "erk 0 i RESOLUTION NO. 61-81 RESOLUTION AUTHORIZING THE DIRECTOR OF PUBLIC SERVICES TO SIGN ALL SECTION 18 DOCUMENTS FOR THE REPLACEMENT OF TWO DIAL -A -RIDE BUSES BE IT RESOLVED that the City Council hereby authorizes the Director of Public Services to sign all Section 18 Transportation Grant Fund Documents for the replacement of two Dial -A -Ride buses. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held thereof on the 8th day of June, 1981, by the following roll call vote: AYES: Anderson, Deutsch, Dorn, Lemons, Ward NOES: None ABSENT: None JOH� EMONS,_Mayor Pro-Tem ATTEST: MN�- 'BONITA,.p RESOLUTION NO. 60-81 A RESOLUTION REQUESTING THE STATE OF CALIFORNIA DEPARTMENT OF FISH AND GAME TO CEASE HARASSMENT OF THE MORRO BAY COMMERCIAL FISHING FLEET T H E C I T Y C O U N C I L City of Morro Bay, California BE IT RESOLVED by the City Council of the City of Morro Bay as follows: (1) This Council hereby finds and declares that the existing commercial fishing fleet in Morro Bay is vital to the.economy of the City, producing an annual income of more than one million dollars in the shrimp industry and providing jobs for at'least sixty persons. (2) This Council further finds and declares that the activity of said commercial fishing fleet is vital to the continued dredging of Morro Bay Harbor.by the U. S. Army Corps of Engineers for the benefit of all boating activities on said harbor. (3) This Council further finds and declares that the California Department of Fish and Game serving Morro Bay Harbor seems unable to provide the commercial fishermen with definite and consistent determinations as to the legality.or illegality of fish nets used by the commercial fishermen. (4) Specifically, fish nets approved by Fish and Game one day are found to be illegal another day, even though said nets are used by commercial fishermen from Crescent City to San Diego, without challenge anywhere else as to their legality. (5) Such confusing standards by Fish and Game discriminate against Morro Bay fishermen, endanger their ability .to make a living, threaten them with jail, fines, and confiscation of nets and cargo, and severely threaten a substantial economic base in the City of Morro Bay. (6) This Council hereby requests Governor Brown, State Senator Henry Mello, Assemblywoman Carol Hallett, the State Fish and Game Commission and the Department of Fish and Game to immediately release the fishing fleet and eliminate.the prohibition on fishing for nets which have been previously approved until more definitive procedures can be developed. The City Clerk is directed to send a certified copy of this Resolution to all of said persons and bodies. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held thereof on this 8th day of June, 1981 by the following roll call vote: AYES: Anderson, Deutsch, Dorn, Lemons, Ward NOES: None ABSENT: None ATTEST: �JOH EMONS.,_Mayor -Pro' Tem Uepoty Cy Cler RESOLUTION NO. 59-81 RESOLUTION ADOPTING BUILDING RENTAL FEE SCHEDULE AND PRIORITY PLAN THE CITY COUNCIL City of Morro Bay, California WHEREAS, the Building Rental Fee Schedule and Priority Plan as proposed in Exhibit "A" and Exhibit "B" will be established effective June 1, 1981. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay that the attached Building Rental Fee Schedule and Priority Plan as outlined in Ezhibit"A" and Exhibit "B" be established effective June 1, 1981 PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held thereof on the 8th day of June, 1981, by the following roll call vote: AYES: Anderson, Deutsch, Dorn, Lemons, Ward NOES: None ABSENT: None ATTEST: L-Z 'ONIA KAY MURR Deput City erk :JOH EMONS.,_Mayor Pro,Tem U* N n] �A H N O m rt H W w N• F•' H (D in <n <n VF z 0 In H Cr (D u, u, N Ln O O O H z (D \ \ \ \ t) =1 m ✓y G) O N ? . (D (D y pi K K K K (D L=1 rt o H as ry O r K 0 K a to in a i/F to a in in to a vF z C to h . I-' O P, t- ,P a a% w P, N N FJ P, N N O t7 z etl , o Ul P, O O P, o P, N p 0 7 H �3 m ea N (D (D H (D - H �ra N w F- -K ?fD Ul En,d (n LQ H Kw(n KON Knm Kart ej7 A o n (n O Ul �l K K piC (D r �• trl n w •vF -(n w to to w vF vF to a to z C ry arw amw P,LnN F, P,(nr O tzj z 0 P, o to in, Vi P, O P, o• H H C m r• (D (D O w F•' �y w N cn tY (D (n !n to F x K a m K O En K O (n \ K w (D rt O rt �r rt a• rt t1• rl N• K K K K H O H 7 N• .< , m < w vF to w to to a to to to a• to z x C r (D 7 P, H w P, DI N P, ul F-' P, Ul H O H vi H K F'• P,OO P, O P, N aO• : HH (n (D (D to N O P. •::r (D 'H ::r a H �r a H C. �r (D O En (n (D K a (a K O (n K O OF \ K w K err art �31K z *.rt xN x ort y x a to to a to rn a -UF to -0 w (n z 0 C O P, FltQ P,m P, ulH r 0L LnH O Ht9 '•L1 P,Oul P,N to P,N o A,OH ::I HH O :(D H ? a F' ? a H �• (D (n (n En K rt x•n rr xrtK �rt n y x• �' N P• FC K K K zl tr 0 w OF w �Y -En a vF to (D �f •Fn z aF C zl P, K u'i P• K u, a K u, K OF a K u, O Gl til til ¢tnY atnH wines n �y H . F, a H Ul �• H UI �f i-' (n U) a N UI En H K rt K rt K rr rt P, O rt O (D (D (D z x a a aFt a a n i/F -(n a {n to in w in 2 U () 'b H vC O p,(nw WwN N P, ulN O 'oWt7 r cart W O P, ul H (D P- (D (D r n n • H F- '%• w H a H K 7' (D En t+l H ( K n m K O Ul K a rt z th :rrt art OJ (n ro K a m N O O ro K ,p U) F-� O O r•. H rt- lD " �l 5 rt lD .:. '.3' H r F tr (D \ (D (D 1 tl• (D O O (n ry in(D w to �Ma Ntj \D M K N w00)r 000)x\ F-i K P, K M K P, K �' H___ __.K • ' • EXHIBIT "B" t GROUP PRIORITY CLASSIFICATIONS PRIORITY CLASSIFICATION GROUP A City of Morro Bay Veterans Organizations (Vets Hall only) B1 Non -Profit Organizations Public Schools Veterans Organizations Government Organizations B2. B1 Groups engaged in fundraising activities or non-resident B1 organizations C Private Resident Groups r (not charging admission) Cnr Private Non -Resident Groups (not charging admission). D Profit making Groups without a charitable cause REQUIRED DAMAGE DEPOSITS DAMAGE DEPOSIT VET'S REC. KEISER PRIORITY HALL CENTER PARK A None None None Bi $25 .$25 None . B2 $100 $100 $200 Cr $100 $100 None $150 w/ alcohol Cnr $100 $100 None $150 w/ alcohol D $100 None $200 $150 w/ alcohol •. • Permit.Number CITY OF MORRO BAY PARRS & RECREATION DEPARTME_'ui 535 Harbor St., Morro Bay, 772-1214 FACILITY USE PERMIT Vet's Hall Rec. Hall Sr. Ctr. Note: This application must be filled out at least 5 days prior to use date. 1. Name of organization/applicant 2. Name of person making applicati 3. Address 4. Phone (day) (night) 5. Purpose of organization [IRS 6. Purpose of use: meeting dance dinner reception party (circle 1) other: 7. Area requested: entire facility dining room kitchen BBQ main hall (circle 1) 8. Number of people expected 9. Will a live band be performing Has license been obtained 10. Will alcohol be served Sold Has ABC letter been filed 11. Are you charging admission Amount 12. Applicant has received a copy of the fee schedule and rules governing use of City facilities and has read and fr-l.ly understands said document, which document is incorporated herein by this reference as though fully set forth herein and Applicant agrees to abide by the same. REQUEST FOR ONE TIME USE only: Day: Date: Time* am/pm to am/pm. REQUEST FOR REGULAR CALENDAR USE From to, date date Will meet every (1st) (2nd) (3rd) (4th) (5th) day of month. Time* am/pm to am/pm. Note:. Regular users must renew their permit by.Sept. 30 of each year. REQUEST FOR MORE THAN ONE TIME USE, but not on a -regular basis. Day. Date Time am/pm to am/pm. Day Date Time am/pm to am/pm. Day _ Date Time am/pm to am/pm. (Please attache separate sheet if more than 3 days are requested.) *Be sure to include set up and clean up time in your request. Dated 19 rint Name a`_ure Street City Zip Tit Home P :one Number 0 16 Is permit recommended? Priority recommended_ Comments Signature Area Assignment FOR CITY USE ONLY date faciliv Rec. Dept. Departments: please initial, indicate action ta?=n & date. P.D. Fire Com Dev Public Services Recreation Charges 1st hour + @ = S Staff lst"hour + @ = s Facility Rental sub -total $ Deposit required TOTAL Confirmed date Deposit $ Balance of fees $_ Deposit returned $ Signature of custodian Date Date Date Calendar S OPERATING AND CLEANING INSTRUCTIONS Opening: 1. Turn on lights in hallway, lobby, restrooms and kitchen. . Patio lights are behind 1st door in Men's Restroom. 2. If "EXIT" signs are off, turn on switch #11 on main panel. 3. For Main Hall turn on switches #1, #2, #3, and #4. 4. Thermostat is in Main Hall, left of front door. , Set.no higher' than 68°. 5. Exhaust fan switches are above breaker box in Main Hall, right of stage. Equipment: 1. Chairs and tables are in closet 42 and #3. If additional chairs or card tables are needed they must be requested in advance from the Parks and Recreation Department. 2. Every chair and table must be picked up and put in place, not dragged on the floor, or damage will result. 3. If drinks are spilled on floor, wipe with clear water and mop. 4. If portable bars are used, use rug on stage or other covering on floor. 5. WEDDING RECEPTIONS: Rice may not be used inside building. Closing: 1. Clean table tops with damp cloth. 2. Put tables and chairs away in their respective closets. DO NOT DRAG THEM. Each closet has room for 8 tables which are stacked back to back to avoid damaging tops. Each closet has room for 4 rows of 20 chairs which are stacked with chair backs facing outward. 3. Clean floors with broom and pick up debris. WET -MOP HARDWOOD FLOOR. Wash dishes, put away,'clean counters, and kitchen floor. Check refrigerator. 4. Empty trash cans, including ones in restrooms, in the dumpster in the back parking area. 5. Any kitchen utensils that were used during the activity will be washed, dried and put back in proper place. 6. Make.sure all doors are locked and latched. Turn heaters and kitchen stove off. Turn off lights #1, 42, #3 and 4 on main panel. 7. If emergency assistance is needed, phone Police Department, 772-2222. •8. Clean-up services are not provided as part of the rental fee. RULES AND REGULATIONS GOVERNING MORRO BAY RECREATION FACILITIES NOTE: All reference in these Rules to the term "Lessee" shall be deemed to mean any person, firm, corporation or organization who has obtained permission to use Morro Bay Recreation facilities .within the City of Morro Bay. 1. All applications for reservations from groups shall be made on forms provided by the Morro Bay Recreation Department. 2. Forms may be obtained from the Recreation Department at 535 Harbor Street. 3. The completed application and all fees must be received at least five (5) working days prior to date of use. 4. The privilege of using the building or grounds shall be granted for a period not to exceed one year. Groups will be required to renew their reservation each year during the month of August. Present groups will renew from August 1 to August 15 and new groups may reserve from August 16 to August 31. No use shall be granted in such manner as to constitute a monopoly for the benefit of any person or organization. 5. Repeat reservations of any group will be contingent upon care of property and equipment and observance of approved rules and regulations. 6. Permits may not be issued or renewed by telephone. 7. The number of advance reservations by any particular individual, group, corporation or organization may be limited when such is necessary in the public interest and in the discretion of the. Recreation Director. Advance reservations shall be final with Morro Bay youth program having first priority and Morro Bay organizations having priority over out of town organizations when submitting reservations at the same time. 8. Lessee agrees to hold the City of Morro Bay, its officers, agents and employees harmless from any and all liability arising from the use by said Lessee of the Morro Bay Recreation facilities. 9. Lessee shall make arrangements and pay for adequate police pro- tection at all public and teenage dances, and in any case no less than one deputy per dance shall be required. 10. Lessee must pay for all breakage or damage to the building or -,furnishings, and any loss of equipment or utensils occurring during such use. 11. No kitchen utensils, equipment or any furnishings shall be removed from the building, except by express written permission from the Recreation Director. 12. Garbage must be placed in containers provided. 13. The use of nails, staples, tacks., tape other than masking tape, or anything that will damage any part of the equipment, building, or furnishings is prohibited. 14. Decorations used within the hall shall not create a fire hazard, and must have the prior approval of the local Fire Chief. The right to limit the size and amount of any decorations is reserved to the Recreation Director. 15. Safe building and/or room capacity, as posted, shall not be exceeded. 16. Thermostats and fuses shall not be tampered :%rich.. 17. Lessee is required to clean and leave in a sanitary condition the entire premises and equipment used, which maj include tables, chairs, kitchen, parking area, and rest rooms. All equipment must be.returned to the proper place. CleaYup must be accomplished within the time established in the rental acr=_ement. 18. Buildings cannot be opened earlier than the time stated on permit. 19. Groups failing to show up within 15 minutes after a building has opened will be denied use. 20. The sale of alcoholic beverages is hereby prohitited unless per- mission has been granted by the Recreation Department. ,Any sale and/or consumption of alcoholic beverages on the premises shall be subject to the rules and regulations of the Alcoholic Beverage Control. 21. All functions taking place within the Morro Bay Recreation facilities shall cease by 1:00 AM with cleanup completed by 2:00 AM. Special. -.City clearance must be given for events to go beyond 1:00 AM. 22. Minors in the building must be under the direct and immediate supervision and control of Lessee. 23. A sponsor of teenage dances shall insure that teenagers who have entered the building shall not be permitted to leave and reenter, except for emergencies. 24. Public dances will require a license as stated in Municipal Code 5.08.180. 25. Regalia and paraphenalia of organizations ,;ho have lockers in the Morro Bay -Recreation facilities will keep t same in lockers when the same is not in use. 26. Liquor licenses required if any means of sale is used. Copy of license is due to Recreation office two (2) days prior to event. If liquor is served, one (1) off -duty police reserve must be provided by the organization for the length of the event. Contact Morro Bay Police. 27. If a live band is involved in the event, one (1) off -duty police reserve must be provided by the organization for the length of the performance. 28. Five (5) calendar days notice is required tc cancel or change date --otherwise an application fee of $5 will be charged. 29. No smoking is allowed in rooms with wooden _floors. 30 Nothing contained in these rules shall be deemed or construed in any way to limit the City's authority or right to exercise any or all powers fro the utilization of the Morro Bay Recreation facilities. All use of the Morro Bay Recreation facilities shall be subordinate to the City's use, during times of election, national or local emergency, or at any other time when, pursu-ant to law,.such use of the buildings are required. 31. Violation of any of.the rules contained herein by Lessee shall be, at the option of the City of Morro Bay, sufficient grounds for revoking existing reservations and/or denying future use by such Lessee of the Morro Bay Recreation facilities. RESOLUTION NO. 58-81 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, CALIFORNIA, RECITING THE FACT OF THE SPECIAL MUNICIPAL ELECTION HELD IN SAID CITY OF MORRO BAY ON THE 2nd DAY OF JUNE, 1981, DECLARING THE RESULT THEREOF AND SUCH OTHER MATTERS AS ARE PROVIDED BY LAW THE CITY COUNCIL City of Morro Bay, California WHEREAS, a Special Municipal Election was held and conducted in the City of Morro Bay, County of San Luis Obispo, State of California, on Tuesday, the 2nd day of June, 1981, as required by law; and WHEREAS, notice of said election was duly and regularly given in time, form and manner as provided by the law; that voting precincts were properly established; that election officers were appointed and that in all respects said election was held and conducted and the votes cast thereas, received and canvassed and the returns made and declared in time, form and manner as required by the provisions of the Election Code of the State of California for the holding of elections in cities; and WHEREAS, pursuant to Resolution No.,45781 adopted the ll;th day of.May; 1981, the City Clerk of the City of Morro Bay canvassed the returns of said election and has certified the results to this City Council; said results are received, attached and made a part thereof as -"Exhibit A." NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OFJMORRO BAY, `DOES RESOLVEAS FOLLOWS: SECTION 1. That there were seven voting precincts established for the purpose of holding said election consisting of consolidations of the special election Precincts in the City of Morro Bay as established for the holding of state and county elections. SECTION 2. That said Special Municipal Election was held for the purpose of voting on the following measures as submitted to the electors of said City, to wit: MEASURE A "Shall the ordinance limiting and regulating the expenditure of city funds for community promotion purposes be repealed?" MEASURE B "Shall the ordinance requiring voter approval for annexations be repealed?" MEASURE C "Advisory Vote Only" - "Shall an ordinance requiring mandatory garbage collection within Morro Bay be enacted? Resolution No. 58-81 -2- MEASURE D "Shall an ordinance to restrict further developments and uses between Beach Street and Target Rock to those primarily serving licensed commercial fishing or recreational fishing be enacted?" SECTION 3. That the whole number of votes cast in said City.(except absent voter ballots) was 2,596. That the whole number of absent voter ballots cast in said City was 187, making a total of 2,783 votes cast in said City. SECTION 4. That the measures voted for at said election are as follows: MEASURE A "Shall the ordinance limiting and regulating the expenditure of city funds for community promotion purposes be repealed?" MEASURE B "Shall the ordinance requiring voter approval for annexations be repealed?" "Advisory Vote Only" - "Shall an ordinance requiring mandatory garbage collection within Morro Bay be enacted?" MEASURE D "Shall an ordinance to restrict further developments and uses between Beach Street and Target Rock to those primarily serving licensed commercial fishing or recreational fishing be enacted?" That the number of votes given at each precinct.and the number of votes given in the City for and against the measures are listed in "Exhibit A" attached. SECTION 5. That the City Council does declare and determine that: That as a result of said election, a majority of the qualified voters voting said Measure A relating to community promotion did not vote in favor thereof, and that said proposition was not carried, and shall not be deemed adopted and ratified. That as a result of•said election, a majority of the qualified voters voting on said Measure B relating to annexations did not vote in favor thereof, and that said proposition was not carried and shall not be deemed adopted and ratified. That as a result of said election, a majority of.the qualified voters voting on said Measure C relating to.mandatory garbage collection.did vote in.favor thereof, and that said proposition was carried.• Resolution No. 58-81 ` -3- That as a result of said election, a majority of the qualified voters voting on Measure D relating to restricting development and uses between Beach Street and Target Rock to those primarily serving licensed commercial fishing or recreation fishing did vote in favor thereof, and that said proposition was carried, and shall be deemed adopted and ratified. SECTION 6. The City Clerk shall enter on the records of the City Council of said City, a statement of the result of said election, showing: (1) The whole number of votes cast in the City; (2) The measures voted upon; (3) The number of votes given at each precinct for and against each .. measure; (4) The number df votes given in the city for and against each measure. 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 Resolution of said City; and shall make a minute of the passage and adoption thereof in the records of the proceedings of the City Council of said City, in the minutes of the meeting at which the same is passed and adopted. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof held this 8th day of June, 1981 by the following roll call vote: AYES: Anderson, Deutsch, Dorn, Lemons, Ward NOES: None ABSENT: None _JOHN MONS, Mayor Prb-Tem ATTEST: 0 ITA KAY M RRA' Deput Gity' Jerk z m N N x m m m 0 T ti S a rD S rD T rD G 0 0 0 (D (+ 'G Q C+ S d a l< O C✓ c b Q —t C) --I a r N a 0- (D m (+ C (D (D N • w O m W o tr w 0 ? W w w 0 N C) o PU m C-) .. Z C7 --1 N �A OD Q N in V Q JIJ V V (:D V Q N �I� U'1 oi� U'I l0 N Ol N MEASURE A v Q WI OJ w N ply N Vim v, o �IW t o lDl? W N I�V W .� V�OI o IVIA MEASURE B LO ^� W�A .E tO IOI �0) t o NIM ti l0 A �+ 4A IO ww V�A MEASURE C Nly�II� tu OD OI -i '" .i '�cl NIO u,lJ N 0: Vi N "�N olrn 4co �� O W MEASURE D i : i I, A N � m CDOT T n N a a r z .-. m r CDc � .. Z a O Q CD N N (D + a M 0S0C ' A N 0. rD S ST \ TC) D N O O 0 3 0 a T C) T T C7 SD (D (D rD a C) T =- 0.0 a a n� rD N a t+ -fits W C, -1r O a C e+ C .0 = S =aa a O to H C+ N O C a o 3 (D 7 SN O. a J a i+ (D c =- pi 3 0. rD N f) rD c J 0 0 CD T `C'f W T C+ J T w •a t0 mQ nrD N aaCr T m = � (D = C) 0 7 J. O �+ rr cr f a S 7 rD a 7r-n 0._. ncC+ T J. El rD (Da T OI 0 (D -n- a o 0 -ea-. C) S O a < T n 3 0 0 T a n -,c+ o (D < (s f+0 Qa a rD a n r+ (D a r (D a rD T rna0 a (D trt 0 7 rn O. r+ d O o rD rD O r+ rD C T 3 0 j a T T • rD c+ (D < a am0rrC 0-'0 S S T d O N 3 T O N 3 0 = 0 w — CL -- �. O a. C C+ Vf C a WCL S t+ V (D rD O _ N SN a rD --t 0 3 m N Z w O w'-n Jm r m m C O 0 Z3 z n a o m fl_ N CD C r cn N 4 .4 RESOLUTION NO. 57-81 RESOLUTION TO MR. WAYNE HOERETH FOR HIS CONTRIBUTIONS TO THE CITY OF PISMO BEACH WHEREAS, Mr. Wayne Hoereth has served with distinction as City Administrator for the City of Pismo Beach, California, for the last five years; and WHEREAS, previous to that Mr. Hoereth ably served as City Admin- istrator for Needles, California for seven years; and WHEREAS, during his tenure at Pismo Beach that City has experienced major improvements in their water system; and WHEREAS, Mr. Hoereth was instrumental in having certain renovations to City Hall, for the benefit of all local citizens; and WHEREAS, by Mr. Hoereth's diligence the City's Local Coastal Program has been drafted and received approval from the Coastal Commission; and WHEREAS, it was through the efforts of Mr. Hoereth and Assemblywoman Hallett that emergency funds were obtained to make repairs to the seawall at Pismo Beach; and WHEREAS, on June 30, 1981, Mr. Hoereth will retire from his duties at Pismo Beach; NOW, THEREFORE, BE IT RESOLVED that the. City Council of the City of Morro Bay commends Mr. Hoereth for his years of public service and wishes him well for his retirement. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held thereof on the 8th day of June, 1981, by the following roll call vote: AYES: . Anderson, Deutsch, Dorn, Lemons, Ward NOES: None ABSENT:None ATTEST: BONITA I' Y MURf� , Depu City C erk RESOLUTION NO. 56-81 RESOLUTION TO INCREASE FINES FOR VIOLATION OF UNLAWFUL CAMPING (Municipal Code 8.24.010) WHEREAS, the cost of issuing and processing citations for violations of the camping ordinance has significantly increased; and WHEREAS, the current fine is not significant enough to serve as a deterrent to potential violators; and WHEREAS, the City Council has the authority to increase such fines with the approval of the courts; and WHEREAS, the Chief of Police recommended that the fines be adjusted from $5 to $25; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Morro Bay does establish the fines for camping violations to be set at $15 pending the Court's approval. " PASSED AND ADOPTED by the City Council of the City of Morro -Bay at a regular meeting held thereof on the 26th day of May , 1981 by the following roll call vote: AYES: Anderson, Lemons, Ward NOES: Deutsch ABSENT: Dorn Lam✓ J N LEMONS, Mayor Pro-Tem ATTEST: RESOLUTION NO. 55-81 RESOLUTION OF THE MRRO BAY CITY COUNCIL AUTHORIZING THE ADJUSTMENT ABED SETTLEMENT OF CLAIM AGAINST THE CITY THE CITY COUNCIL City of Morro Bay, California WHEREAS, the City of Morro Bay is a member of the Central Coast Cities Joint Powers Agreement (CCCJPA) for insurance purposes; and WHEREAS, as a result, the City receives the services of an independent CCCJPA adjustor and investigative service who will defend claims filed against it; and WHEREAS, for the expedient settlement of claims necessary to minimize costs of the City, it is necessary that the Staff and the Adjustor have specified authority on behalf of the City.to immediately enter into Settlement Agreements without prior authorization of the Council. NOW, THEREFORE, BE IT RESOLVED AS FOLLCWS: 1. Upon investigation and determination by the CCCJPA adjustor for the City, that the City appears to be partially or fully.liable by reason of an incident or accident resulting in a claim against the City, the Adjustor shall have the authority.to enter into Settlement Agreements on claims that do not exceed One Thousand and no/100ths ($1,000.00) Dollars. This authority may be suspended or reduced at any time by the City Administrator. 2. When a claim against the City exceeds One Thousand and no/100ths Dollars ($1,000.00) and it is determined that the City appears to be partially or fully liable for the claim, the City Administrator shall have the authority to enter into a Settlement Agreement,to settle .the claim up to the amount of Five Thousand and no/100ths Dollars ($5,000.00). Any such Settlement Agreement shall be signed by both the City Administrator and the City Attorney. 3. All proposed settlement of claims in which the Staff cannot reach concurrences to settle as provided in 2 above, or which amount to Five Thousand and no/100ths Dollars ($5,000.00) or more, shall be referred to the City Council for determination. 4. The Claims Adjustor employed by the CCCJPA shall be authorized to reject any claim filed against the City pursuant to and on the appropriate grounds set forth in Title 1, Division 3.6, Part 3, Chapter 2 of the Government Code of the State of California. RESOLUTION NO. 55-810 . Page 2. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof held this 26th of - May 1981, by the following roll call vote: AYES: Anderson, Deutsch,.Lemons, Ward NOES: None ABSENT: Dorn J NN EMONS,.Mayor Pro-Tem ATTEST: paxA.1 PAUL BARTER, City Clerk APPROVED AS TO FORM: MICIM4L T. LeSAGE, ty Atto ey— i i RESOLUTION NO. 54-Sl PROPOSED REPEAL OF SECTION 301 OF THE POWERPLANT AND INDUSTRIAL FUEL USE ACT OF 1978 WHEREAS, it is the policy of the United States and of the State of California to reduce dependence on foreign oil and, thereby, to promote national security and economic well-being; and WHEREAS, Section 301 of the federal Powerplant and Industrial Fuel Use Act of 1978 includes restrictions and prohibitions on the use of natural gas as a boiler fuel in existing powerplants; and WHEREAS, in California, enforcement of these restrictions and prohibitions will mean that existing powerplants will be required to burn additional amounts of oil, since conversion of California's existing fossil -fueled powerplant to burn coal faces almost insurmountable technical and environmental barriers and would entail prohibitive financial commitments by the utilities and, ultimately, by consumers without resulting in any increase in the State's electric energy supplies; and WHEREAS, recent studies indicate gas supplies have increased since 1978 and that there will be sufficient natural gas through the end of the century to meet the expected needs of residential, commercial, and industrial customers and still allow forsthe use of natural gas in existing powerplants; and WHEREAS, the use of natural gas in existing powerplants will not jeopardize supplies to residential, commercial, and industrial customers, since federal and state curtailment policies require that these customers must be served before natural gas can be burned as a powerplant fuel; and WHEREAS, the use of natural gas in existing powerplants would avoid increased air pollution which would otherwise result from the necessity :of burning oil'in order to comply with the restrictions and prohibitions contained in Section-301 of the Powerplant and Industrial Fuel Use Act; and WHEREAS, the California Air Resources Board, the Californa•Public Utilities Commission, the California Energy Commission, and the California Office of Planning and Research have all publicly urged that the ,Congress of the United States repeal Section 301 of the Powerplant and Industrial Fuel Use Act in order to permit the continued use of natural gas in existing powerplants; and WHEREAS, legislation has been introduced in both the U.S. Senate and the House of Representatives to repeal Section 301 of the Powerplant and Industrial Fuel Use Act; NOW, THEREFORE, BE IT RESOLVED that the Morro Bay City Council memorializes the Congress of the United States to expeditiously hold hearings on and to enact legislation to repeal Section 301 of the Powerplant and Industrial Fuel Use Act of 1978 so as to remove the barriers preventing continued use of natural gas as a boiler fuel in existing powerplants; and •Resolution No. 54-81 • • BE IT FURTHER RESOLVED that the City Administrator transmit copies of this resoluton to the President and Vice President of the United States; U. S. Senators Alan Cranston, S. I. Hayakawa, and James McClure, Chairman of the Senate Energy and Natural Resources Committee; and U. S. Congressmen Leon Panetta and John Dingell, Chairman of the House Energy and Commerce Committee. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof held,the 26th day of May 1981 by the following roll call vote: AYES: Anderson, Deutsch, Lemons, Ward NOES: None ABSENT: Dorn ATTEST: BONITA I' Y MURR7 Depufy—Ci ty 1 erk • 7'0 JOHN LEMONS, Mayor Pro-Tem 0 RESOLUTION NO. 53-81 RESOLUTION AWARDING BID NO. 03-81 FOR WEED ABATEMENT MOWING TO KARLESKINT-CRUM OF SAN LUIS OBISPO, CALIFORNIA WHEREAS, the City of Morro Bay had publicly advertised and opened bids' on May 21, 1981 for said mowing services; and WHEREAS the City Administrator recommends the award to Karleskint-Crum_ of San Luis Obispo, California as the lowest responsible bidder; and WHEREAS, this bid represents reasonable costs for goods and 'services needed for the City for the Weed Abatement process; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay that Karleskint-Crum of San Luis Obispo, California, be hereby awarded the contract for Weed Abatement Mowing in the amount of $43.00 per hour. PASSED AND ADOPTED by the City Council of the City of Morro Bay at their regular meeting held thereof on 26th day of May 1981 by the following roll call vote: AYES: Anderson, Deutsch, Lemons, Ward NOES: None ABSENT: Dorn J LEMONS, Mayor Pro-Tem ATTEST: _I_ 'J RESOLUTION NO. 52-81 RESOLUTION OF INTENTION TO APPROVE AN AMENDMENT - TO CONTRACTBETWEEN THE BOARD OF ADMINISTRATION OF THE PUBLIC EMPLOYEES' RETIREMENT SYSTEM AND THE CITY OF MORRO BAY WHEREAS, the Public Employees' Retirement Law permits the -participation of public agencies and their employees in the Public Employees' Retirement System by the execution of a contract, and sets forth the procedure by which said public agencies may elect to subject themselves to amendments to said Law; and WHEREAS, one of the steps in the procedure to amend this contract is the adoption by the legislative body of the public agency of a resolution.giving notice of its intention to approve an amendment to said contract, which resolution shall contain a summary of the change proposed in said contract;.and WHEREAS, the following is a statement of the proposed change: To provide Section 20983.6 (Waiver of age 70 retirement) for miscellaneous members only. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of'Morro Bay does hereby give notice of intention to approve an amendment to the contract between the City of Morro Bay and the Board of Administration.of the Public Employees' Retirement System, a copy of said amendment being attached hereto, as an "Exhibit" and by this reference made a part hereof. PASSED AND ADOPTED by the City Council of the regular meeting thereof held this 26th_ day of following roll call vote: AYES: Anderson, Deutsch, Lemons, Ward NOES: None ABSENT: Dorn ATTEST: ►, y City of Morro -Bay -at a May , 1981, by the JOHN EMONS, Mayor Pro_Tem i EXHIBIT A • • AMENDMENT TO CONTRACT BETWEEN THE BOARD OF ADMINISTRATION PUBLIC EMPLOYEES' RF !!fEMENT SYSTEM N`\�� tOUN�CIL OF THE Soo CITY OF MORRO BAY The B4bFSPof Administration, Public Employees' Retirement System, herein- after referred to as Board, and the governing body of above public agency, hereinafter referred to as Public Agency, having entered into a contract under date of June 1, 1965, effective July 1, 1965, which provides for participation of Public Agency in said System, Board and Public Agency hereby agree as follows: A. Paragraphs 1 through 9 are hereby stricken from said contract as executed effective July 1, 1965, and hereby replaced by the following paragraphs numbered 1 through 11 inclusive: 1. All words and terms used herein which are defined in the Public Employees' Retirement Law shall have the meaning as defined therein unless otherwise specifically provided. "Normal retirement age" shall mean age 60 for local miscellaneous and age 55 for local safety members. 2. Public Agency shall participate in the Public Employees' Retirement System from and after July 1, 1965 making its employees as hereinafter provided, members of said System subject to all provisions of the Public Employees' Retirement Law except such as apply only on election of a contracting agency and are not provided for herein and to all amendments to said Law hereafter enacted except such as by express provisions thereof apply only on the election of contracting agencies. 3. Employees of Public Agency in the following classes shall become members of said Retirement System except such in each such class as are excluded by law or this agreement: a. Local Firemen (herein referred to as local safety members); b. Local Policemen (herein referred to as local safety members); C. Employees other than local safety members (herein referred to as local miscellaneous members). In addition to the classes of employees excluded from membership by said Retirement Law, the following classes of employees shall not become members of said Retirement System: EXCLUDE ELECTED OFFICIALS EXCLUDE APPOINTIVE COMMISSIONS EXCLUDE PERSONS COMPENSATED OR AN HOURLY BASIS 4. This contract shall be the continuation of the contract of the Morro Bay Fire District, hereinafter referred to as "Former Agency", i pursuant to Section 20567.1 of the Government Code, Former Agency having ceased to exist and been succeeded by Public Agency on July 1, 1965. Public Agency, by this contract, assumes the accumulated contributions and assets derived therefrom and liability for prior and current service under the Former Agency's contract with respect to the Former Agency's employees. 5. The fraction of final compensation to be provided for each year of credited prior and current service as a local miscellaneous member shall be determined in accordance with `ection 21251.13 of said Retirement Law (2% at age 60 Full). 6. The fraction of final compensa to be,provided for each year of credited prior and current ce as a local safety member shall be determined in accordanc :Tyth Section 21252.1 of said Retirement Law (One-half pay at ageO5y� 7. The followin ional provisions of the Public Employees' Retire- ment Law f pply only upon election of a contracting agency shall apply tQPublic Agency and its employees: a. Section 20983.6 (Waiver of age 70 retirement) for local miscel- laneous members only. 8. Public Agency, in accordance with Section 20740, Government Code, shall cease to be an "employer" for purposes of Chapter 6 of the Public Employees' Retirement Law effective as of the effective date of this amendment to contract. Accumulated contributions of Public Agency as of the date of such amendment shall be fixed and determined as provided in Section 20759, Government Code, and such accumulated contributions and contributions hereafter made shall be held by the Board as provided in Section 20759, Government Code. 9. Public Agency shall contribute to said Retirement System as follows: a. With respect to miscellaneous members, the agency shall con- tribute the following percentages of monthly salaries earned as miscellaneous members of said Retirement System: (1) 0.586 percent until June 30, 2000 on account of the liability for prior service benefits. (2) 8.703 percent on account of the liability for current service benefits. b. With respect to local safety members, the agency shall contribute the following percentages of monthly salaries earned as local safety members of said Retirement System: (1) 18.854 percent on account of the liability for current service benefits. C. A reasonable amount per annum, as fixed by the Board to cover the costs of administering said System as it affects the employees of Public Agency, not including the costs of special valuations or of the periodic investigation and valuations required by law. d. A reasonable amount as fixed by the Board, payable in one install- ment as the occasions arise, to cover the costa of special valua- tions on account of employees of Public Agency, and costs of the periodic investigation and valuations required by law. 10. Contributions required of Public Agency and its employees shall be subject to adjustment by Board on account of amendments to the Public Employees' Retirement Law, and on account of the experience under the Retirement System as determined by the periodic investigation and valuation required by said Retirement Law. 11. Contributions required of Public Agency and its employees shall be paid by Public Agency to the Retirement System within thirty days after the end of the period to which said contributions refer or as may be prescribed by Board regulation. If more or less than the correct amount of contributions is paid for any period, proper adjustment shall be made in connection with subsequent remittances, or adjustments on account of errors in contributions required of any employee may be made by direct cash payments between the employee and the Board. Payments by Public Agency to Board may be made in the form of warrants, bank checks, bank drafts, certified checks, money orders or cash. B. This amendment shall be attached to said contract and shall be effective on the day of , 19 Witness our hands the BOARD OF ADMINISTRATION PUBLIC EMPLOYEES' RETIREMENT SYSTEM BY Carl J. Blechinger, Executive Officer A .......... A nc +n 41n - day of CITY COUNCIL OF THE CITY OF MORRO BAY �y O� BY PresC?'� Officer Qptest: Clerk PERS CON-702 19 RESOLUTION NO. 51-81 RESOLUTION REQUESTING A GRANT FROM THE STATE DEPARTMENT OF BOATING AND WATERWAYS FOR THE RECONSTRUCTION OF A BOAT LAUNCHING FACILITY AT THE MORRO BAY COASTAL ANGLING ACCESS SITE WHEREAS, the City of Morro Bay has determined that there is a need to reconstruct the boat launching facility at the Morro Bay Coastal Angling Access to provide a safe, convenient and free public access to the water; and WHEREAS, the State Department of Boating and Waterways is authorized to provide grants to cities and other public agencies for the reconstruction and development of small craft launching facilities; and WHEREAS, the City of Morro Bay will prepare a grant application which will demonstrate that the proposed launch facility project will be feasible from an engineering, financial and economical standpoint; and WHEREAS, a negative declaration has been prepared in connection with grant application for the reconstruction of the boat launch facility, and -..the Council does approve said determination; and WHEREAS, the City of Morro Bay is willing to enter into an agreement to provide for the operation and maintenance of the proposed facility at no cost to the State; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Morro Bay hereby requests that the State Department of Boating and Waterways provide a grant for the purpose of reconstructing a boat launching facility at the Morro Bay Coastal Angling Access Site; BE IT FURTHER RESOLVED that the City Council of Morro Bay hereby authorizes the Director of Public Services to sign all related grant agreements. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held thereof on the 26th day of May 1981 by the following roll call vote: ' AYES: Anderson, Deutsch, Lemons, Ward NOES: None ABSENT: Dorn JOHN ONS, Mayor Pro-Tem ATTEST: RESOLUTION NO. 50-81 RESOLUTION COMMENDING THE SERVICES OF WILLARD D. CURTIS UPON RETIREMENT FROM MORRO BAY HIGH SCHOOL WHEREAS, Willard D. Curtis is retiring on June 12, 1981, after serving this community as a mathematics teacher at Morro Bay High School since 1965; and. WHEREAS, Mr. Curtis' retirement culminates 30 years of distinguished public service educating our youth and future leaders of America; and WHEREAS, the City Council of the City of Morro Bay wishes to express their deep and.sincere appreciation to Mr. Curtis in recognition of his outstanding and unselfish dedication; NOW, THEREFORE, BE IT RESOLVED that the Morro Bay City Council extends its gratitude and thanks to Willard D. Curtis upon his retirement and wishes he and his family continued happiness and success. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof held this 26th day of May, 1981, by the following roll call vote: AYES: NOES: ABSENT: JOHN/LEMONS, Mayor Pro-Tem ATTEST: N __ /l1 ONITA KAY M R , Deputy ity Clerk RESOLUTION NO. 49-81 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, CALIFORNIA, APPROVING AND AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE STATE OF CALIFORNIA, CALIFORNIA STATE PERSONNEL BOARD, COOPERATIVE PERSONNEL SERVICES THE CITY COUNCIL City of Morro Bay, California WHEREAS, the City of Morro Bay wishes to obtain and utilize the best available examination procedures for purposes of testing and selecting the most highly qualified candidates for City employment; and WHEREAS, the California State Personnel Board offers such valid and standardized personnel examination services for a variety -of job classifications on a contract basis. NOW, THEREFORE, BE IT RESOLVED that the Morro Bay City Council does hereby approve a 3 year agreement entitled "Cost Service Contract Agreement" by and between the City of Morro Bay and the State of California, California State Personnel Board, Cooperative Personnel Services, for said purpose of utilizing examining services when needed; and BE IT FURTHER RESOLVED that the Morro Bay City Council authorizes Gary Napper, Administrative Assistant, to sign and execute said Agreement for and on behalf of the City of Morro Bay. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof held this llth day of May, 1981 by the following roll call vote: AYES: Anderson, Deutsch, Lemons, Ward NOES: None ABSENT: Dorn ATTEST: PAUL BAXTER, City Clerk fa3aijiliD7 UMIOW0l:v'E !/ CHAEL T. MI LESAGE, City orney ,JOHN•^MONS,_ Mayor Pro!-Tem COST SERVICE CONTRACT AGREEMENT THIS AGREEMENT, made and entered into this day of 19 at Sacramento, County of Sacramento, State of California, by and between the STATE PERSONNEL BOARD, through its duly appointed, qualified and acting Executive Officer or his authorized representative, hereinafter called the Board, and the City of.Morro Bay , hereinafter called the Local Agency. WITNESSETH That the parties, for and in consideration of the convenants, conditions, agreements, and stipulations expressed, and pursuant to authority contained in Section 18707, Government Code, hereby agree to the conditions as found in attached "Cost Services Contract Rules and Procedures" marked as Exhibit A and "Written Examination Price List" marked as Exhibit B which are incorporated herein by reference and made a part hereof. Exhibit_B may be amended by the Board --from time to .time without renegotiating the contract. Further, the -parties agree that the Board shall, as a normal course of action, submit invoices covering those services rendered during a calendar month and the Local Agency agrees to pay such invoices within thirty days following receipt thereof. The provisions of the attached Fair Employment Practices Addendum, Standard Form 3 (4/65), are incorporated by reference and made a part of this contract The term of the contract commences July 1, 1981 and terminates June 30, 1984 This contract may be terminated by either party upon giving the other party 30 days written notice of termination. CPS-2 Page 1 0 In the event of termination, the Board will be paid such amount as is due under the contract to and including the effective date of termination. By STATE PERSONNEL BOARD Manager, Coo erative Personnel Services Tit e LOCAL AGENCY CITY OF MORRO BAY Name of Agency By JO{i LEMONS Name Mayor Pro-Tem Title .415249 : ►� a4,u molts �• 71 - I• N:I ��I a CPS-2 (4/78) Page 2 M E M O R A N D U M TO: Honorable Mayor and City Council FROM: Gary Napper, Administrative Assistant DATE: April 24, 1981 SUB=: Agreement with State Personnel Board The City's existing contract with the California State Personnel Board will terminate June 30, 1981, unless renewed by the City for another 3 year term. The agreement makes available to contracting agencies a variety of validated personnel examinations to be used when testing for City positions. The execution of the agreement itself does not incur any cost to the City. Costs are experienced when the written examinations are utilized from time to time by the Personnel Division for testing purposes. Funds are budgeted each year for these expected expenditures. Availability of this examination service is directly related to obtaining qualified City personnel. The majority of California cities utilize this essential service. It is reconrended that the City Council approve the execution of a 3 year agreement with the State Personnel Board by adopting Resolution No. -81. AN Administrative Assistant GN:sl RESOLUTION NO. 48-81 RESOLUTION ANNOUNCING FINDINGS AND DENYING THE APPEAL OF A PLANNING COMMISSION DECISION ON A TENTATIVE TRACT MAP FOR JACK LOPERENA THE - C,I'T Y, �C O U N C I,L City of Morro Bay, California 4 WHEREAS, the City Council of the City of Mcrro Bay did on the 26th day of January, 1981, hold a duly noticed PUBLIC HEARING and continued PUBLIC HEARING on March 9, 1981, to consider the'appeal of ROBERT E. SNYDER (attorney),''.' representing JACK LOPERENA, from the Planning Commission decision denying the request for a thirteen lot Tentative.Tract Map on approximately three acres . within the R-A (Suburban Residential) Zone, located on the west side of Ironwood Avenue, between Avalon Street and State Highway 41, more particularly described as: Parcels 16, 17 and 18, as shown on a map of Survey of a portion of Lots 6, 17 and 18, of Rancho Morro y Cayucos, recorded on June 20, 1950. WHEREAS, at said PUBLIC HEARINGS, after considering the arguments of all persons wishing to offer testimony, the City Council did find the following facts and reasons to justify their action in this matter: 1. The design -of the Subdivision requires reconsideration of area and access and circulation needs. 2. That the Planning Commission is the proper advisory body to consider a resubmittal map design. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay as follows: That the above recitations are true and correct and constitute the finding of the Council in this appeal. 2. That the Council does hereby sustain the action of the Planning Commission in their ResolutionNo,. 36-80 and does deny the appeal of Robert E. Snyder, representing Jack Loperena. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a meeting of said Council held this llth day of May, 1981, by the following roll call vote: AYES: Anderson, Deutsch, Lemons NOES: Ward ABSENT: Dorn ATTEST: JUVLMONS, Mayor Pro-Tem eputy ity erk RESOLUTION NO. 74 81 RESOLUTION OF THE CITY COUNCIL EXPRESSING ITS SUPPORT. OF EFFORTS BY THE FEDERAL ADMINISTRATION TO RETURN POWERS TO LOCAL ENTITIES AND URGING A CAREFUL IMPLEMENTATION OF THOSE EFFORTS. IN WAYS THAT WILL ENHANCE, .NOT.FURTHERJMPEDE,-HOME'_RULE , WHEREAS, the current administration has pledged itself to reducing the costs of the federal government whi.le, at the same time, returning to local entities many of the powers that have gradually been assumed in Washington over a period of many years as a part of extensive federal funding activities; and WHEREAS, cities throughout the nation and most certainly the City of Morro Bay have, in many past instances, utilized federal funds well and efficiently to implement policies and programs,of vital concern and assistance to the people of those cities; and WHEREAS, these federal funds have been best utilized and most helpful when they were unconstrained by conditions and regulations unrelated to the objectives and realities of the local community utilizing the funds; and WHEREAS, the current federal administration has indicated that a part of its fiscal and regulatory reform effort will be to deemphasize so-called categorical (constrained) aid programs while, at the same time, enhancing block grant (unconstrained) programs; and WHEREAS, the Board of Directors of the National League of Cities has adopted a policy statement regarding President Reagan's economic recovery program, and, as a part of that statement, has indicated its strong support for fundamental reform and relief from the burdens of federal regulatory activities and a modification of those activities to eliminate unnecessary regulations affecting local governments and a development of a comprehensive federal policy on mandated costs on local governments; NOW, THEREFORE, BE IT RESOLVED that the City Council of.the City of Morro Bay resolves as follows: Section 1. That the City Council lauds the,expressed goal of the administra- tion to return to local governments many of the powers that have gradually been eroded away over the past decade as a part of extensive federal funding activities. Section 2. That, in implementing these expressed goals, the City Council urges the administration and Congress to exercise diligence in assuring that the legitimate and acceptable relationships between the federal, state and local governments be observed. In this regard, the City urges a rejection of any system that would require the passing or funnelling of federal funds for essentially local purposes through state government. Section 3. That while it may be perfectly appropriate for certain funds to be paid directly to the state (e. ., those relating to state supported health or welfare or educational activities}q, state administration of federal funds for city programs might, in the end, result in even worse administrative bottlenecks Resolution No. 47-81 -2- and counter productive regulatory constraints than exist today. Thus, federal funds for city programs should pass directly to cities and should not be funnelled or passed through the state.. Section 4. That as federal policies are adopted and implemented to stimulate healthy economic growth and improve productivity, reduce inflation through tax and spending reductions, restrain the growth of federal spending and reduce the burden on the public and private sector, the City should once again emerge as that unit of general purpose government closest to the!people and most capable of defining and implementing goals and objectives that truly reflect the concerns and beliefs of those people in a way that can restore a popular confidence in the ability of government to be responsive to the people who support it. Section 5. That"the City Clerk is hereby directed to forward copies of this resolution to President Ronald Reagan, Vice President George Bush, United States Senators Alan Cranston and S. I. Hayakawa and Congressmen Leon.Panetta and.Robert Carlson of the White House STaff and such other persons as may be appropriate. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting'held thereof on llth day of May 1981, by the following roll call vote:. AYES: Anderson, Deutsch, Lemons, Ward NOES: None ABSENT: Dorn JOH L MON , Mayor Pro-Tem ATTEST: BONITA KAY MURVN, Dep ty Cii Clerk RESOLUTION NO. 46-81 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY STATING THAT THE PUBLIC INTEREST AND NECESSITY REQUIRE THE ACQUISITION FOR SEWAGE TREATMENT AND DISPOSAL FACILITIES OF A CERTAIN PARCEL OF LAND WITHIN THE CITY LIMITS OF SAID CITY, AND FURTHER ORDERING THAT THE PROPERTY HEREIN DESCRIBED BE ACQUIRED BY EMINENT DOMAIN, AND DIRECTING THE CITY ATTORNEY TO PREPARE AND PROSECUTE THE NECESSARY EMINENT DOMAIN PROCEEDINGS. WHEREAS, the public interest and necessity of the people of the City of Morro Bay require the acquisition and improvement for sewage treatment and disposal facilities of the hereinafter - described real property for such purposes and public use, and it is necessary that the hereinafter -described real property be acquired by the City of Morro Bay by eminent domain proceedings, and that the public interest and necessity of the people of the City of Morro Bay requirle that possession of said real property be acquired imme- diately; NOW, THEREFORE, IT IS HEREBY RESOLVED, and it is the finding and the determination of this City Council, as follows: 1. That the public interest and necessity of the people of the City of Morro Bay require the acquisition by said City and the construction of sewage treatment and disposal facilities in and on the real property hereinafter described, and that the public interest and necessity require the acquisition by said City of Morro Bay of said real property hereinafter described for said public improvement by eminent domain proceedings. 2. That said uses to which said property is to be applied are uses authorized by law, and that said taking is necessary for said uses. -1- AG:fr 4/9/81 3. That the said proposed improvement is planned and located in the manner which will be most compatible with the greatest public good and the least private injury. 4. That the interest sought to be acquired for said public uses and purposes is a fee ownership of the real property hereinafter described to be acquired for sewage treatment and disposal facilities. 5. That the real property hereinafter described be con- demned in accordance with the provisions of the Code of Civil Pro- cedure and the Constitution of the State of California relating to eminent domain in the name of the City of Morro Bay for said public uses and purposes, as hereinabove set forth, and that the City Attorney of the City of Morro Bay be and he is hereby authorized and directed in the name of the City of Morro Bay to prepare and prosecute the necessary proceedings and to file the necessary actions in the proper court having jurisdiction thereof as are necessary for such acquisition. 6. That the immediate possession of said real property is necessary in the interests of the public and of the City of Morro Bay, and all necessary proceedings, including but not limited to the deposit in court of funds in the amount of the estimated fair market value of the property to be acquired, are hereby authorized and directed. The Director of Finance is authorized and directed to issue a check or warrant payable to the Clerk of the Court having jurisdiction in the amount of said estimate as approved by the City Administrator. 7. That the real property, which the City of Morro Bay is by this resolution authorized to acquire for said public use, -2- is situated in the City of Morro Bay, County of San Luis Obispo, State of California, and is described in Exhibit A, attached hereto and made a part hereof by this reference. PASSED AND ADOPTED at a regular meeting of the City Council - of the City of Morro Bay held this 11th day of May , 1981. AYES: Anderson, Deutsch, Lemons, Ward NOES: None ABSENT: Dorn M y r pro-Tem ATTEST: 1— Approved as to form: City Attorney -3- Approved as to content:. Or, 1 11 N 4a City Administra or Department RESOLUTION NO. 45-81 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, CALIFORNIA, ORDERING THE CANVASS OF THE SPECIAL MUNICIPAL ELECTION TO BE HELD ON THE 2ND DAY OF JUNE, 1981, TO BE MADE BY THE CITY CLERK OF THE CITY OF MORRO BAY THE CITY COUNCIL City of Morro_Bay, California WHEREAS, a special municipal election will be held and conducted in the City of Morro Bay, County of San Luis Obispo, State of California, on Tuesday, the 2nd day of June, 1981, as required by law; and WHEREAS, the City Council of said City desires the canvass of said election to be made by the City Clerk of said City; NOW, THEREFORE, 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 22932.5 of the Elections Code of the State of California, the canvass of the special municipal.election to be held in the City of Morro Bay, County of San Luis Obispo, State of California, on Tuesday, the 2nd day of June, 1981, is hereby ordered to be made by the City Clerk of Morro Bay. SECTION 2. That the City Clerk of said City shall prior to the 9th day of June, 1981, complete the canvass of the special municipal election to be held in said City on the 2nd day of June, 1981, and shall certify the results to this said City Council on the 9th day of June, 1981. SECTION 3. That the City Clerk shall certify to the passage and adoption of this resolution; shall enter the same in the book of original resolutions of said City, and shall make a minute of the passage and adoption thereof in the records of the proceedings of the City Council of said City, in the minutes of the meeting at which the same is passed and adopted. SECTION 4. That this resolution shall take effect immediately. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held thereof on the lith day of May 1981 by the following roll call vote: AYES: Anderson, Deutsch, Lemons, Ward NOES: None ABSENT: Dorn ATTEST: �Mf ZZO O ✓W✓ JOH MONS, Mayor Pro-Tem f6�lAlji(�P�[�;l�Ll�:ll RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY ESTABLISHING PRECINCT BOARDS AND POLLING PLACES FOR THE JUNE 2, 1981 SPECIAL ELECTION - THE CITY COUNCIL City of Morro Bay, California WHEREAS, the municipal election of the City of Morro Bay will be held on June 2, 1981; and WHEREAS, it is necessary in the conduct of that election to appoint precinct boards and establish polling places; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay as follows: SECTION 1. That for the purpose of holding said special municipal election, there shall be and are hereby established seven (7) voting precincts consisting of consolidations of the special election precincts in the City of Morro -Bay established for the holding of state and county elections, as said special election precincts exist on the date of adoption of this resolution. That the polling places for the respective precincts shall be the places hereinafter designated; and that the persons hereinafter named, being competent and qualified electors and residents of said City, and of their respective voting precincts, are hereby appointed officers of election for their respective voting precincts and they shall hold said election and make return thereof in the manner provided by law. 5. Voting precinct 301, comprising special election precincts 1, 2, 3, 4, and Polling Place: Inspector: Judge: Clerk: Clerk: Del Mar School 501 Sequoia Florence Bennett Merle Miller Mary Wilbur Mary Louis Farthing Voting Precinct 302, comprising special election precincts 6, 7, and 8. Polling Place: Inspector: Judge: Clerk: Clerk: Del Mar School 501 Sequoia Allison H. Cannady Lily Collier Oliver R. Collier Pauline Duart Voting Precinct 303, comprising special election precincts 9, 10, i),12, and 13. Polling Place: Morro Bay 'First Christian Church 2050 Ironwood Avenue .r Resolution No. 44-81 Page Two Voting Precinct 303 Continued Inspector: Pauline Dunlap . Judge: Beatrice I. Averill Clerk: Katherine D. Walling . Clerk: Mary L. Marshall Voting Precinct 304, comprising special election precincts 14, 15, 17 and 19. Polling Place: Veteran's Memorial Building 209.Surf 'Street Inspector: Marjorie boan Judge: Vera M. Shields Clerk: Bessie A. Merquiss Clerk: Louella J. McNair 20. Voting Precinct 305, comprising'special election precincts.16, 18,,and Polling Place: Morro Bay Senior Citizens Center 635 Harbor Street Inspector: Mildred.L. Wolverton Judge: Rita Abruscato Clerk: Mary Querzola Clerk: Barbara Perry Voting Precinct 306, comprising special election precincts 21; 22, 23, and 28. Polling Place: Morro Bay Recreation Hall Shasta Avenue and Dunes Street Inspector: Ida Y. Prior Judge: Grace A. Webber Clerk: Bea Fink Clerk: Lyda W. Hoover Voting Precinct 307, comprising special election precincts 24, 25, 26 and 27. Polling Place: Morro Bay Recreation Hall Shasta Avenue and Dunes Street Inspector: Pauline Ehlers Judge Teresa Perry Clerk: Henrietta E. Risley Clerk: Mary Hartzell Resolution No. 44-81 Page Three SECTION 2. That the City Clerk shall certify to the passage and adoption of this resolution; shall enter the same in the book of original resolutions of said City; and shall make a minute of the passage and adoption thereof in the records of the proceedings of the City Council of the said City, in the minutes of.the meeting at which the same is passed and adopted. SECTION 3. That this resolution shall take effect immediately. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held thereof on the llth day of May 1981, by the following roll call vote: AYES: Anderson, Deutsch, Lemons, Ward NOES: None ABSENT: Dorn ATTEST: ONITA KAY MURRA• eput City erk JO N EMONS, Mayor Pro-Tem a 6 RESOLUTION NO. 43-81 RESOLUTION ESTABLISHING APPROPRIATIONS LIMIT FOR FISCAL YEAR 1980-81 WHEREAS, Article XIII B of the California Constitution establishes a limitation on appropriations of funds by the City; and WHEREAS, the appropriations limit must_be established by a date certain; and WHEREAS, the City staff has calculated the appropriations limit in accordance with the provisions of Article XIII B of the California Constitution; and . WHEREAS, the City Administrator recommends that the City Council adopt the appropriations limit for fiscal year 1980-81. as set forth in the document entitled "Appropriation Limitation Document" attached'herdto as -Exhibit "A" and incorporated herein by reference; 1 1. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay than an appropriations limit be established for fiscal year 1980-81: at $3,817,327,from proceeds of taxes. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a meeting thereof held this P7th day of April 1981, by.the following roll call vote: AYES: Anderson, Deutsch, Dorn, Lemons, Ward NOES: None ABSENT: None WARREN M. DORN, Mayor ATTEST: &TIR41 ffig VAYM M i RESOLUTION AUTHORIZING DELEGATION OF AUTHORITY FOR DISABILITY RETIREMENT THE CITY COUNCIL City of Morro Bay, California WHEREAS, the City of Morro Bay (hereinafter referred to as Agency) is a contracting agency of, the Public Employees' Retirement System; and WHEREAS, the Public Employees' Retirement Law requires that a'contracting agency determine whether an employee of such agency in employment.in which he is classified as a localjsafety member is disabled for purposes of the Public Employees' Retirement Law and whether such disability is "industrial" within the meaning of such Law; and WHEREAS, the City Council has determined upon legal advice that it may delegate authority under Section 21034 of the Government Code to make such determinations to the incumbent of the position of City Administrator; and NOW, THEREFORE, BE IT RESOLVED that the City Council delegate and it does hereby delegate to the incumbent of the position of City Administrator authority to make determinations under Section 21023.6 Government Code, on behalf of the Agency, of disability and whether such disability is industrial and to certify such determinations and all other necessary information to the Public Employees' Retirement System; and BE IT FURTHER RESOLVED that such incumbent be and he is authorized to make applications on behalf of the Agency for disability retirement of employees in employments in which they are local safety members and to initiate requests for reinstatement of such employees who are retired for disability. On motion by J. Lemons , and seconded by H. Ward , 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: Anderson, Deutsch, Dorn, Lemons, Ward NOES: None ABSENT: None ADOPTED: April 13, 1981 WARREN M. DORN, Mayor ATTEST: r�i C• RESOLUTION N0. 41-81 RESOLUTION AUTHORIZING DETER4INATION OF DISABILITY BY THE OFFICIAL DELEGATE THE CITY COUNCIL City of Morro Bay, California The following resolution is hereby proposed: Pursuant to authority delegated to me by action of the.City Council of the City of Morro Bay (hereinafter referred to as Agency) dated April 14, 1981, under Section 21034, Government Code and after review of medical and other evidence relevant thereto, I hereby determine that William M. Mehaffey, a local safety member of the Public Employees' Retirement System, employed by the Agency is incapacitated physically within the meaning of the Public Employees' Retirement law for performance of his duties in the position of Fire Captain. Pursuant to such authority I also determine that such incapacity is a result of injury or disease arising out of and in the course of his enploymment by the Agency as a local safety member, and certify that neither the Agency nor the. member has filed a petition for determination by the Worker's Comg)ensation Appeals Board. I hereby certify that the member was separated from his employment in the position of Fire Captain after expiration of his leave rights under Section 21025.4, Government Code, effective April 14, 1981 and that no dispute as to the expiration of such leave rights is pending. PaJ &��L� Paul Baxter, City Clerk y c RESOLUTION NO. 40-81 RESOLUTION AUTHORIZING DETERMINATION OF DISABILITY BY THE OFFICIAL DELEGATE THE CITY COUNCIL City of Nbrro Bay, California The following resolution is hereby proposed: Pursuant to authority delegated to me by action of the City Council of the City of Nbrro Bay (hereinafter,referred to as Agency) dated April 14, 1981, under Section 21034, Government Code and after review of medical and other evidence relevant thereto, I hereby determine that James B. Bradford a,local safety member of the Public Employees' Retirement System, employed by the Agency is incapacitated mentally within the meaning of the Public Employees' Retirement Law for performance of his duties in the position of Police Sergeant. Pursuant to such authority I also determine that such incapacity is a result of injury of disease arising out of and in the course of his employment by the Agency as a local safety member, and certify that neither the Agency nor the member has filed a petition for determination by the 6Jbrker's Compensation Appeals Board. I hereby certify that the member was separated from his employment in the position of Police Sergeant after expiration of his leave rights under Section 21025.4, Government Code, effective April 14, 1981 and that no dispute as to the expiration of such leave rights is pending. S T ATE M E N T I, Paul Baxter, City Administrator for the City of Morro Bay, California, have been authorized to file all necessary documents in relationship to Fire Captain William M. Mehaffey's disability retirement application with P.E.R.S. of the State of California on behalf of the City Council. I hereby make the following statements as pertains to the Industrial Disability Retirement of Safety Member, Fire Captain William M. Mehaffey. 1. That the City of Mrro Bay finds that William M. Mehaffey is physically incapacitated within the rmaning of the Public Employees' Retirement Law for the performance of his duties in the position of Fire.Captain for the City of Nbrro Bay. 2. I hereby find, and have determined that such disability is a result of injury arising out of, and in the course of employment and that such determination of disability is permanent and stationary with respect to his heart condition effective February 3, 1981. 3. To the best of my knowledge, there is no involvement of a third party. 4. That the member, William M. Mehaffey, will be separated from his enployment in the position of Fire Captain effective April 14, 1981. Paul Baxter City Administrator. PB: sl 3/30/81 S T A T E M E N T I,Paul Baxter, City Administrator for the City of Morro Bay, California, have been authorized to file all necessary documents in relation- ship to Police Sergeant James B. Bradford's disability retirement application with P.E.R.S. of the State of California on behalf of the City Council. I hereby make the following statements as pertains to the Industrial Disability Retirement of Safety Member, Police Sergeant James B. Bradford. 1. That the City of Morro Bay finds that James B.'Bradford'is;'mentally incapacitated within the meaning of the Public Employees' Retirement Law for the performance of his duties in the position of Police Sergeant for the City of Morro Bay. 2. I hereby find, and have determined that such disability is a result of illness arising out of, and in the course of employment and that such determination of disability is permanent and stationary with respect to his mental condition effective February 26, 1981. 3. To the best of my knowledge, there is no involvement of a third party. 4. That the der, James B. Bradford, will be separated from his employment in the position of Police Sergeant effective April 14, 1981. City Administrator PB:sl 4/13/81 RESOLUTION N0: 39-81 RESOLUTION OF INTENTION TO AMEND MUNICIPAL CODE CHAPTER.17:48, BY ADDING A NEW SECTION THERETO CONCERNING THE REGULATION OF ELECTRONIC AMUSEMENT AND PINBALL ARCADES THE CITY COUNCIL City of Morro Bay, California WHEREAS, Municipal Code Section 17.64.030 provides that amendments to the City Zoning Ordinance may be initiated by filing with the Planning Commission of a Resolution of.Intention of the City Council; and, WHEREAS, the City Council deems it to be in the general interests of public health, safety and welfare to initiate consideration of,certain regulations for the use of Electronic Amusement and Pinball Arcades within the City Zoning Ordinance (Municipal Code, Title 17): NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay as follows: That the Council does hereby initiate consideration of an amendment to Municipal Code Chapter 17, concerning the regulation of Electronic Amusement and Pinball Arcades, as specified in Exhibit "A" attached hereto. ' 2. That the City Clerk is instructed to file this Resolution of Intention with the Planning Commission, whereupon the Secretary to the Commission is instructed to schedule a Public Hearing to consider this matter. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a meeting of said Council held this 13th day of April. 1981, by the following roll call vote: AYES: Anderson, Deutsch, Dorn, Lemons, Ward NOES: None ABSENT: None WARREN DORN, Mayor ATTEST: a� Baxter Clerk y City Council Resolution No: EXHIBIT "A" 17:48.270.Electronic Amusement and Pinball Arcades. 'Coin operated amusement machines or devices shall only be allowed with the -commercial (including Planned Development - Commercial) Zones of the City when clearly operated as an incidental or accessory use to the principally permitted use of the property; and, in accordance with the following criteria: A. Amusement machines shall be expressly'reviewed and listed as an accessory activity in any zone which requires a Use Permit to be obtained for the principal business enterprise. B. Amusement machines or devices shall not be operated as the sole or.principal business activity. C. No more than (two -three) amusement machines or devices shall be permitted in conjunction with the operation of an approved legally conforming business enterprise. D. No more than the ten (10) percent of the gross enclosed floor area of a business shall be devoted to amusement machines; and amusement machines shall not be permitted out of an enclosed structure. E. No award of prizes consisting of either monitary compensation or merchandise shall be made for the play of machines. Gambling shall be strictly prohibited in connection with the use of machines as provided by State law. Machines used for such purposes shall be declared a public nuisance and abated under the laws and ordinances of the City. Page Two MEMORAND"UM , 1981 e Mayor and Members of the City Council and Community Development Director via City Administrator. and Amusement Arcades - Consideration for Zoning Regulations Concerns have been recently expressed to the Community Development Department regarding the regulation of amusement/pinball arcades in the City of Morro Bay. In the past few years the growing industry of electronic amusement arcades has received a great deal of media notoriety, and there has been a general concurrence that they present the potential to become a public nuisance if left unregulated. As background to this subject, Staff notes that the City Zoning Ordinance does not contain a specific reference to arcades either being a permitted or prohibited use. The only place the Municipal Code speaks to arcades is in the Business License Section, which requires an investigation report from the Chief of Police and a Council Review before a license is issued. In this instance Staff would not suggestea total prohibition of amusement ma but rather a criteria for their use to be contained in the Zoning Ordinance. Council desires that.a policy be established regarding this subject, it may a "Resolution of Intention" to amend the Zoning Ordinance. Procedurally, th would then be scheduled for a Public Hearing before the 'Planning Commission; report and recommendation would be forwarded to the Council for final action For this purpose, Staff has prepared a draft Council Resolution with Exhibit "A" being offered as Staff's suggested level of regulation. Staff would be pleased to respond to any other directions the Council may have on the subject. RESOLUTION NO. 38-Sl RESOLUTION ESTABLISHING FUNDS TO BE USED FOR FINANCIAL MANAGEMENT FOR THE 1980-81 YEAR AND THEREAFTER WHEREAS, the City has need for clear delineation of City funds so has to improve financial management and to maintain integrity of funds earmarked for specific purposes; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro' Bay that the following funds be established and used to record the financial affairs of the City in accordance with applicable laws of the State of California: General Fund - This fund shall be used to account for revenues and expenditures not specifically assigned to other funds. Park -Fee Fund - This fund shall be used to account for revenues received primarily from subdividers and which are to be expended for acquisition'and improvement of park and recreational facilities. Local Transportation Fund —This-fund shall be used to account for 'revenues from State transportation funds, user fees, and other sources and which are to be expended for public transportation purposes. Gas Tax Fund - This fund shall be used to account for revenues received primari y from State special gas tax allocations, and which are to be expended for improving and maintaining City streets. Traffic Safety Fund - This fund shall be used to account for revenues received primarily from portions of traffic fines received and which are to be expended for traffic safety related maintenance and improvements. Federal Revenue Sharing Fund - This fund shall be used to account for revenues received primarily from General Federal Revenue Sharing entitlements and which are to be expended for purposes allowed under Revenue Sharing Regulations. Water Revenue Fund - This fund shall be used to account for revenues .received primarily from water service charges and which are to be expended for maintenance, operation, and improvements of the water system. Sanitary Revenue Fund - This fund shall be used to account for revenues received primarily from sanitary service charges and which are to be expended for maintenance, operation, and improvements of the sanitary sewer system.. Harbor Revenue Fund -'This fund shall be used to account for revenue received from harbor eases, rentals,, moorings and other sources and which are to be expended for, maintenance, operation, patrolling, and improvements of the harbor. Insurance Reserve Fund - This fund.shall be used to account for revenues. received primarily from c arges to City departments for insurance coverage and which are to be expended for insurance purchased, valid claims and related costs. Resolution No. 38-81 -2- Trust Funds - These funds.shall be used to account for amounts received in trust for specific purposes and which are to be expended only for those. purposes. Improvement District Fund - This fund shall be used to account for revenues received primarily from assessments against improved properties and which are to be expended for principal and interest on bonds issued for improvements to properties within improved districts. „ General Capital Improvement Fund - This fund shall be used',to account for revenues received primarily from General Fund transfers and which are to be expended for capital improvements and acquisitions of general fixed assets. Grant Funds - These funds shall be used to account for revenues received primarily from grants and which are to be expended for the approved grant, purposes. These fund definitions are intended to facilitate sound financial management of the City and as such are intended to be general and descriptive of Council's* intent rather than restrictive in interpretation. Adaptation to changing federal, state and local requirements is anticipated as well as.changes in accounting practices to comply with generally accepted accounting principles. PASSED.AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof held this 13th day of April 1981, by theJollowing roll call vote: AYES: Anderson, Deutsch, Dorn, Lemons, Ward NOES: None ABSENT: None WARREN M. DORN, Mayor ATTEST: B NI A eput City Yerc • RESOLUTION NO. 37-81 RESOLUTION OF THE CITY COUNCIL CITY OF MORRO BAY ,,,,AMENDING�THE COMMUNITY ENRICHMENT PROGRAM BUDGET WHEREAS, the adopted budget for 1980-1981 contained estimated revenues from recreation programs; and WHEREAS, the number of program offerings has increased thus generating additional unanticipated revenues; and WHEREAS, the cost of providing these additional revenue producing programs will exceed original budget estimates by the end of the 1980-1981 year; NOW, THEREFORE, BE IT RESOLVED that the City of Morro Bay Approve the adopted budget for 1980-1981 as amended and appropriations made as detailed below. GENERAL FUND Estimated Revenue: Recreation Services Appropriations: Special Group Programs Recreation Center Offerings Operating Contingency $41,500 $34,500 $ 2,000 $ 5,000 $41,500 PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof held this 13th day of April, 1981 by the following roll call vote: AYES: Anderson, Deutsch, Dorn, Lemons, Ward NOES: None ABSENT: None ATTEST: WARREN M.,?MORN, Mayor gONITA MURRAY,//Deputy�,City�lerk • 0 CITY OF MORRO BAY PARKS & RECREATION DEPARTMENT STAFF REPORT TO: City Council Members FROM: Mary Sanders, Recreation Director DATE: March 19, 1981 SUBJECT: Source of Additional Revenues to Community Enrichment Program The Recreation Department has added various new programs which changed the original anticipated revenues and expenditures specifically as follows: Special Group Programs (Part Time Salaries): Originally the Department planned on offering 12 contract programs, we currently are running 35-40 each session. We also added 8 monthly classes, and 2 four week mini -sessions. The instructors are paid 80% of the resident fees collected, with the City retaining 20% and non-resident fees. Rec. Center Offerings (Program Supplies): Under this account the Recreation Department purchased Ice Capades tickets, Marriott tickets and tee shirts which were sold. We are requesting that the revenues generated be returned to this account so we may purchase playground supplies for the' summer. Special" Group Programs (Printing): In an effort to offset our printing cost, advertisements were sold for our Fall brochure. We request that these revenues be deposited to our printing account for summer publicity. 0 . a . a Q U) W D a N O O N D W 0 u N o x U) M M W O G. Q W W aED o O 00 W z m 00 O o 00 Q W I- O lf1 N N z H > D N U) W 1n Lr) W Q E W W W r O V) I N a 7 D O In N 00 u Ix 1` a a z. �D r-1 H E z %V -W N W 'J O O O a N N N NFU) m W Q o 0 0 0 to U W O o O 0 W A o o In Ln UDV wwz N z H M M a wzw F D PH N O O N Q tD O lO zH a) ON 0 1n V' Q W N O N HA.c z0 H ,'Z 4J r--I r N w Q co U) M 0 UI W v -W D -W 00 to O wwuao Cl x 0 W.w a E N O O N a to Cl lO r.� W r O 0 O ev O) O O _ O) h N N . NQ H W. N O. U' r-I M 00 H M r-I H p 11-1 V to Q O O�ri Dz 1n N a E ro b H b) • In . ' 1n ' (a aJ H rn 0 Q zw 0 74 0 -ri a u. W O s4 v 1n p +J a a) u a p' p' 0 O -V w Q) rq D t a a In 0 r-I a >4 a), a E � a) a a a a 0 -ri O i4 a 0 0 M 0 44 U) >4 34 P N a) O N 14 V S4 0 u V U 1aO 11 to 0 N a +1 zz ri I G I M 1 a In 4J H W ri IC m 0 I~ O) r-I 9 O) Q', W U) 'J u MU)N U m11r m-r1N m O FCz .H l0 ld �o -r1 4J lO a r-I r-I U U) H U- a . m,T U C< (11 <a E a) E I U 0 1 a) -ri I E 4J 4J 1J E z a. ri a) >4 11 a >4 ri 0 0 0 (1) W 0 U)w0 awo EnWO F F E z zu RESOLUTION NO. 36-81 WHEREAS, it is to the mutual advantage and benefit of the City of Morro Bay and the Defense Fuel Region, West to enter into an agreement for mutual fire protection; and WHEREAS, the Morro Bay Fire Department agrees to provide fire suppression at the Defense Fuel Support Point of Estero Bay should a fire occur at this facility; and WHEREAS, the Morro Bay Fire Department agrees to provide fire- fighting training for the Personnel at the Defense Fuel Supply Point of Estero Bay; and WHEREAS, the Defense Fuel Supply Point of Estero Bay has 2,000 gallons of firefighting foam and it is agreed to let the Morro Bay Fire Department use this firefighting foam for fires in Morro Bay other than at the Defense Fuel Support Point of Estero Bay; and WHEREAS, the City of Morro Bay will reimburse the Defense Fuel Supply Center, Alexandria, Virginia for any firefighting foam used on any fire other than at the Defense Fuel Support Point of Estero Bay. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Morro Bay and the Defense Fuel Region, West, that it hereby approves and adopts this mutual aid agreement. BY �C(�c� ` ZC,� BY MAYOR OF THE CITY OF MORRO BAY ATTEST: CITY CLERK OF THE CITY OF MORRO BAY DATED: 04/13/81 LC op, COMMANDER DEFENSE FUEL REGION, WEST DEFENSE LOGISTICS AGENCY DEFENSE FUEL SUPPLY CENTER DEFENSE FUEL REGION , WEST 7171 NORTH GAFFEY STREET SAN PEDRO, CA 90701 IN REPLY REFER TO DFR-W (LCDR McDOWELL/(213) 548-2731/al) 23 March 1981 SUBJECT: Mutual Aid Agreement with the City of Morro Bay, CA TO: Mr, J. McCrory DFSP Estero Bay 1. Enclosed is a Mutual Aid Agreement for fire fighting protection between DFSP Estero Bay and the City of Morro Bay, The agreement has been signed by DFR West as DFSC's representative. You are requested to obtain formal execution with the Mayor, 2. Your assistance in formalizing this agreement is sincerely appreciated. Please pass my regards and appreciation for this assistance to the Mayor. T. G. McDOW LL LCDR, SC, USN Commander RESOLUTION NO. 35-81 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY APPROVING THE QUITCLAIM DEED FOR PROPERTY AT THE INTERSECTION OF CUESTA STREET AND MAPLE STREET IN THE CITY OF MORRO BAY WHEREAS, the City Council of the City of Morro Bay has determined at a public hearing that certain properties at the intersection of Cuesta Street and Maple Street in the City of Morro Bay are in excess of any future City needs, and WHEREAS said property has no value as a building site, and WHEREAS Mr. Brian Bittke desires that said property'be quitclaimed from the City to him, and WHEREAS there was no opposition to this action at the afore- mentioned public hearing, NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay hereby approves the attached quitclaim deed and authorizes Staff to record said quitclaim deed as required by law. On the motion made by D. Deutsch and seconded by J. Lemons the Morro Bay City council hereby adopts the foregoing proposed resolution in its entirety on the following roll call vote; AYES: Anderson, Deutsch, Dorn, Lemons, Ward NOES: None ABSENT: None ADOPTED: 04/13/81 ATTEST: . WARREN M. DORN, Mayor PAUL BAXTER, City Clerk -- L� Resolution No. 18-81 -3- PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof held this 2nd day of March, 1981 by the following roll call vote: AYES: Anderson, Deutsch, Dorn, Lemons, Ward NOES: None ABSENT: None WARREN M. DORN, Mayor ATTEST: PAUL BAXTER, City erk .. r i RESOLUTION NO. 24-81 PAGE TWO AYES: Anderson, Deutsch, Dorn, Lemons, Ward NOES: None ABSENT: None ADOPTED: March 9, 1981 ATTEST: IV WARREN M. DORN, Mayor pall 912= PAU�XTER, City Clerk COOPERATIVE AGREEMENT FOR CONSTRUCTION OF A SIX-INCH WATER MAIN IN SEQUOIA BETWEEN ELM AVENUE AND MAIN'STREET This agreement is entered into on March 9 1981 between the developer of Tract 890•, hereinafter referred to. as Developer, and the City of Morro Bay, hereinafter referred to as City, for the purpose of cooperatively constructing a 6-inch water main in Sequoia Street, between Elm Avenue and Main Street. The Developer is required under Section 13.04.110B of the Morro Bay Municipal Code to install approximately 160 lineal feet of 6-inch water main to serve the proposed development on . Tract 890. The City Council has determined that it is in the best interest of the City to require the extension of the water main as provided in Section 13.04.110E. This extension amounts to approximately 725 additional feet of 6-inch water main. Section 13.04.110E of the Morro Bay Municipal Code provides that the City shall bear the cost.of the additional water main installed. This agreement sets forth the formula for Developer and City cost as follows: The Developer shall provide all materials and appurtenances for the construction of the water main in Sequoia Street from Elm Avenue to Main Street. The City shall provide all labor and equipment for installa- tion of the Developer -furnished materials for the water main in Sequoia Street from Elm Avenue to Main Street, including all necessary excavation and backfill of the trench line. In addition, the City shall provide all labor, material and equipment to repair the street section above the trench line. PAGE NINE c) Lists shall be maintained of Responsible and Trustee Agencies, and agencies having jurisdiction by law. ARTICLE IX. INTERPRETATION - CONFLICT OF PROVISIONS 9001. General. In interpreting and applying the provisions of-. this resolution, they shall be held to be the minimum requirements for the promotion of the public health, safety, comfort, convenience and general welfare. It is intended by this resolution to require that in those matters in which An Environmental Impact Report is filed, and where the Planning Commission and City Council hold Public Hearings, the requirements of all other resolutions and ordinances of the City of Morro Bay governing those actions or projects subject to the pro- visions of these procedures which are inconsistent herewith, are to that extent superseded. ARTICLE X. APPEAL 10001. Procedure: Any person aggrieved or affected by a decision of the Environmental Coordinator, any Commission, Review body, department, division or officer of the -City in administering or interpreting the regulations contained or referred to herein, may appeal to the next higher City authority from such decision at any time within ten (10) days after:the date upon which the decision is announced. Any appeal filed shall be made by filing'a letter of appeal with the Environmental Coordinator and by concurrently paying any applicable appeal fee which has been established by Resolution of the City.Council. Said letter of appeal shall set forth the grounds upon which the appeal is based, and the relief requested. Within fifteen (15) days after receipt of a letterofappeal to the higher authority, or at its next regular meeting after such period, and provided any applicable filing fee has been paid, the higher authority shall consider the matter'and may, thereafter, affirm,.reverse, or modify the decision appealed. COOPERATIVE AGRE MENT FOR CONSTRUCTION OF A 6-INCH WATER MAIN IN SEQUOIA BETWEEN ELM AVENUE AND.MAIN STREET PAGE TWO The labor and equipment provided for the installation of the Developer-furnished,material and the labor, material,.and equipment provided by the City to repair the street section above the trench line shall be full in lieu payment by the City to the Developer for the cost of extending the water main beyond the Developer's property. t ' Approved by: bate'Jr ✓� 8 City ttorney Q. Date iZ 6 Mayor Date 2 Tar— �,%Rl /l11C[ fT�Gr. Date ' i°1/51�/ Developer ro RESOLUTION NO. 22-81 RESOLUTION AWARDING CONTRACT FOR CONSTRUCTION OF DEL MAR PARK WHEREAS, the City of Morro Bay has received a grant for the construction of a park, and WHEREAS the City Council has approved construction of a park, and WHEREAS bids have been received and publically opened on February 26, 1981 for construction of Del Mar Park, Project No. PW80-001-30 (Second Bidding), and WHEREAS four (4) bids were received by the City'of Morro Bay, and WHEREAS Spiess -Construction, of Santa Maria, was the lowest responsible bidder, and WHEREAS the bid submitted by, Spiess.Construction was within the budget allocated by the City of Morro Bay for the construction of said Del Mar Park, NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay that Spiess Construction of Santa Maria, California, be hereby awarded a bid for the construction of?Del Mar Park in the amount of $429,833.00 per the attached bid document, and further that the Director of Public Services for'the City of Morro Bay be hereby authorized to execute and approve change orders on said contract up to and including an aggregate amount of 10% of the contract price, and further, that the City Council authorize the Mayor and Clerk to execute the necessary documents and agree- ments between the City of Morro Bay and Spiess Construction of Santa Maria. On the motion made by J. Lemons and seconded by D: Deutsch,the Morro Bay City Council hereby adopts the foregoing proposed resolution in its entirety on the following roll call vote: RESOLUTION NO. • PAGE TWO AYES: Anderson, Deutsch, Dorn, Lemons, Ward NOES: None ABSENT: None ADOPTED: March 9, 1981 ATTEST: PU � Lz Air PAUL BAXTER, i y Clerk 0 Gl/!/�� WARREN M. DORN, Mayor C� RESOLUTION NO. 21-81 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, CALIFORNIA, AUTHORIZING CERTAIN OF ITS MEMBERS TO FILE A WITTEN ARGUMENT FOR A CITY MEASURE WHEREAS, a special municipal election is to be held in the City of Morro Bay on June 2, 1981, at which there will be submitted to the qualified electors of said City the following City measures: MFASIIRF A "Shall the ordinance limiting and regulating the expenditure of city funds for community promotion.purposes be repealed?" MFASIIRF R "Shall the ordinance requiring voter approval for annexations be repealed?" MEASURE C "Advisory Vote Only" - "Shall an ordinance requiring mandatory garbage collection within Morro Bay be enacted?" MFASIIRF n "Shall an ordinance to restrict further developments and uses between Beach Street and Target Rock to those primarily serving licensed commercial fishing or recreational fishing be enacted?" NOW, THEREFORE, the City Council of the City of Morro Bay, California, DOES HEREBY RESOLVE, DETERMINE AND ORDER, as follows: SECTION 1. That this City Council, being the legislative body of the City of Morro Bay, hereby authorizes John Lemons, Mayor Pro-Tem Rodger Anderson, Councilman members of said body, to file a written argument for the City measure set forth in the recitals hereof in accordance with Article 4, Chapter 3, Division 5 of the Elections Code of the State of California and to change said argument until and including the date fixed by the City Clerk after which no arguments for or against said City measure may be submitted to him. RESOLUTION NO. -2- ADOPTED, SIGNED AND APPROVED this 9th day of March, 1981.^ WARREN M. DORN, Mayor City of Morro Bay ATTEST: PAUL BAXTER, C ty CTe° erk — City of Morro Bay RESOLUTION NO. 20-81 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF SAN LUIS OBISPO TO RENDER SPECIFIED SERVICES TO SAID CITY RELATING TO THE CONDUCT OF A SPECIAL MUNICIPAL ELECTION TO BE HELD IN SAID CITY ON TUESDAY, JUNE 2, 1981 WHEREAS, a Special Municipal Election is to be held in the City of Morro Bay on June 2, 1981; and WHEREAS, in the course of conduct of said election and in relation thereto it will be necessary to mail sample ballots and polling place information to the registered voeters of the City, and it will facilitate such mailing'i,f the Registrar of Voters of the County of San Luis'Obispo will make available to said City computer labels with the names and addresses of all eligible registered voters and polling place location in order that labels may be attached to self - mailer sample ballot pamphlets; and WHEREAS, it is more advantageous and expeditious to utilize "Datavote", therefore, the County will provide voting booths, ballot punches, ballot boxes, and ballot secrecy envelopes; and WHEREAS, the County will provide to the City a voter list for roster - indexes and supplements; and WHEREAS, all necessary expense in performing this service shall be paid by the City of Morro Bay. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City.of Morro Bay, as follows: SECTION 1. That pursuant to the provisions of Section 22003 of the Elections Codeofthe State of California, this City Council hereby requests the Board of Supervisors of said County to permit the Registrar of Voters to prepare and furnish to said City for use in conducting said election computer labels with the names and addresses of all eligible registered voters in'said City and polling place location in order that the City may have labels attached to self -mailer sample ballot pamphlets; and will also furnish to the City printed indices of the voters to be used by the precinct board at the polling. place; and will make available to the City additional election equipment and assistance according to state law. SECTION 2. That said City shall reimburse said County for services performe�wien the work is completed and upon presentation to the City of a properly approved bill. SECTION 3. That the City Clerk is hereby directed to forward without delay to sai Board of Supervisors and to said Registrar of Voters, each a certified copy of this resolution. • Resolution No. -2- PASSED AND ADOPTED by the City Council of the City of Morro Bay at a. regular meeting held thereof on the 9th day of March, 1981, by'the•following roll call vote: AYES: Anderson, Deutsch, Dorn, Lemons', Ward NOES: None ABSENT: None Cam(/z e 7"� /64�.:.. . WARREN M. DORN, Mayor 11 von beb RESOLUTION NO. 19-81 RESOLUTION IN RESPONSE TO THE REVISED PROPOSED NOTICE OF SALE FOR LEASE SALE #53 WHEREAS, Congress in passing the Outer Continental. Shelf Lands Act Amendment of 1978 intended to make the States and local governments full participants in the management and development of the Outer Continental Shelf; and WHEREAS, Section 18 of the OCSLAA requires that the Department of the Interior consider laws, goals, and policies of affected states, such as the California Coastal Act, the Governor's Pipeline Policy, and the State and local air quality regulations; and WHEREAS, Congress intended Sections 18 and 19 of the OCSLAA to ensure an equating of risks against potential benefits and a reasonable balance between the National interest and the well-being of citizens of affected states;.'and WHEREAS, Secretary Andrus, having carefully considered the risks and benefits as required by Congress, stated that deletion of the Point Arena, Bodega and Santa Cruz Basins reflected his... "best judgment as to the balance between our continuing need for domestic sources of energy and other important considerations including preferences and the well-being of people in coastal areas.who may be. affected by offshore oil and gas activities..."; and WHEREAS, Secretary Andrus questioned the adequacy of the environmental analysis of the effects of oil in the Eel River Basin and recognizing the importance of sport, commercial, and native subsistence fisheries deleted the Basin; and WHEREAS, California's Governor, Senators, Congressional Delegation, and all affected local governments have clearly stated their opposition to leasing the northern four basis of Sale 53 and have carefully documented the basis for their positions; NOW, THEREFORE, BE IT RESOLVED that this City Council, ur9es President Reagan and Secretary of Interior Watt to: Delete the Eel River, Point Arena, Bodga, and Santa.Cruz Basins from Sale 53; posptone the lease of the Santa Maria Basin until crucial environmental studies are completed; delete tracts in 'the Santa Maria Basin crucial to safe port access, local economies, commercial and . sport fisheries, the California Sea Otter and other marine mammals•and - seabirds; incorporate lease stipulations which protect air, water and marine resources reflecting the -conditions along the California- coast; and make the required consistency determination. FURTHER BE IT RESOLVED that this City Council directs that this Resolution be transmitted to: President Reagan, Secretary of Interior Watt, Governor Brown, Senators Cranston and Hayakawa, the California Congressional Delegation, The Speaker of the California Assembly and the President Pro-Tem of the California Senate and California Coastal Legislatures. Resolution No. 19-81 -2- PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting of March 9, 1981 by the following roll call vote: AYES: NOES: ABSENT: ATTEST: PAUL BA TER, City Clerk WARREN M. DORN, Mayor it RESOLUTION NO. 18-81 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, CALIFORNIA CALLING AND GIVING NOTICE OF THE HOLDING OF A SPECIAL MUNICIPAL ELECTION TO BE HELD IN SAID CITY ON TUESDAY, JUNE 2, 1981, FOR THE SUBMISSION TO THE QUALIFIED ELECTORS OF SAID CITY OF A CERTAIN QUESTION PROPOSITION OR MEASURE RELATING TO (1) MEASURE A -- LIMITING AND REGULATING THE EXPENDITURE OF CITY FUNDS FOR COMMUNITY PROMOTION PURPOSES; (2) MEASURE B -- REQUIRING VOTER APPROVAL OF ANNEXATIONS; (3) REQUIRING MANDATORY GARBAGE COLLECTION WITHIN CITY LIMITS WHEREAS, under the provisions of the laws relating.to general, law cities in the State of California, a special municipal election shall be held on June 2, 1981, for submission to the qualified electors of said City at said election the measure relating to (1) Measure A --Limiting and regulating the expenditure of City funds for community promotion purposes; (2) Measure B -- Requiring voter approval of annexations; (3) Requiring mandatory garbage collection within Morro Bay. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay as follows: SECTION 1. That pursuant to the requirements of the laws of the State of CaTT off rnia 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, on Tuesday, June 2, 1981, a special municipal election of the qualified electors of said City. SECTION 2. That said City Council, pursuant to its right and authority to do so, does ereby determine that there shall be and there is hereby ordered submitted to the qualified electors of said City at said special municipal election the following questions, to wit: Shall the ordinance limiting and YES regulating the expenditure of City funds for community promotion NO purposes be repealed? Shall the ordinance requiring YES voter approval for annexations NO be repealed? Resolution No. 18-81 -2- "ADVISORY VOTE ONLY" Shall an ordinance requiring YES mandatory garbage collection NO within Morro Bay be enacted? A cross (+) placed in the voting square after the word."YES° in the manner hereinbefore provided shall be counted,in favor of the adoption of the,question. A cross (+) placed in the voting square .after the word, "NO" in" the manner hereinbefore provided shall be counted against the adoption of the question. a SECTION 3. That the ballots tsr.be used at said election sha.11%be.,,both as to form an matter contained therein, such as may be required by law to be used thereat. SECTION 4. That the City Clerk of said City is hereby authorized, instructed and directed to procure and furnish any and all official ballots, notices, printed matter and all supplies, equipment and paraphernalia that may be necessary in order to properly and lawfully conduct said election. SECTION 5. That the polls for said election shall be open at seven o'clock AM of ttFie day of said election and shall remain open continuously from said time until seven o'clock PM of the same day when said polls shall be closed, except as provided in Section 14301 of the Elections Code of the State of California. SECTION 6. That in all particulars not recited in this .Resolution, said election s a e held and conducted as provided by law for holding municipal elections in said City. SECTION 7. 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 8. 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. December 30, 1980 The Honorable Board of Supervisors County of San Luis Obispo San Luis Obispo, CA Subject: Transportation Development Act (SB 325) Proposed Administrative Changes Gentlemen: Periodically various agencies of State government adopt Rules and Regulations that have profound effect on local government. Local government needs to take more active role in relaying to the State how their Rules and Regulations affect them. It is our RECOMMENDATION that your Honorable Board adopt the enclosed resolution and authorize the County Engineer to forward same to the Secre- tary of the Business and Transportation Agency. Discussion• The Secretary of the Business and Transportation Agency has been charged by the Legislature with developing, as neces- sary, the rules and regulations required to implement the Transportation Development Act. The Transportation Develop- ment Act rules and regulations can be as simple and basic or as complex as the Secretary wishes. The Transportation Development Act statutes as promulgated by the legislature are reasonable, but the amendments to the rules and regulations proposed by the Secretary of Business and Transportation Agency are going to prove to be an un- necessary burden on the local agencies as well as Regional Transportation Planning Agencies. The secretary's proposing to amend, repeal or add approximately 21 sections to the California Administrative Code as it relates to the Trans- portation Development Act. Some changes are very minor; some changes are warranted and beneficial. However, of greatest concern to local agencies is the major change the Secretary is proposing regarding the "Unmet Transit Needs :>.mataca.cyr..:asv?Trira•�+aaxo. c..: , V 'S. That the regional and local agencies be given maximum cor- trol- over planning and implementation of their transpor- tation projects, and 6. That Sacramento more closely consider its affects on rural agencies when drafting new legislation and their accompan;- ing rules and regulations. On motion of Supervisor seconded by Super- visor and on t1fLufffn1lowing roll call t'm k.lns vote, to -wit: AYES: Supervllort, Itupper, Nont-inc, Diefenderfer, Jorgensen, NOES: and Chairr.nn lac Elvaine None ABSENT: None ABSTAINING: .lone the foregoing resolution is hereby adopted. ATTEST: Chairman otTl'Ll%'Me'fatl'd-V1.Superlr vtscrs c C1erltFb�Lllh �a'd of Supervisors Acting Co. Eng. JW/nt si%vrl•: o l•' CA 1. 1 FO 11 N[A. i Count' of San Luis ohispo, f 1. ._._ _i°._."•_%^X$ Y_. ______ ___ __(suns' Ch•rk mnl enollirio C:•:'t of the Boat rd of Su pen is,, rs. in n:nl for tin• Ceu Tile of Sam I.uiz Iit i, i Stal'• .d i'a I fn r.:::. i hin•hc rertife the forecoinC to to, it iull, trm• and cornet r„l,c of :m ord.•r iimd.; by llo• i•.. _,:,i of Supervisors, as the scone appears sprend upon thrir minute honk. 11'1TNKSS my hand awl the seal of said Board of Sr.pervisors.:uliscd this tJ-------------- day of__Jrncnry--------------- lit----. Cnuntr clerk •rid E..n(rri. Cl,.or th. Mv< (SEAL) rvnore cn.Iil '.,L.�Lr�I.t•,''ask';Ya1"Lt:#'"�a,.'�;7k,1?;??%j 0 RESOLUTION NO. 17-81 RESOLUTION OF THE CITY COUNCIL CITY OF MORRO BAY APPROVING THE APPLICATION FOR 1980 STATE GRANT MONEYS PROJECT DEVELOPMENT OF PARKS WITHIN THE CITY OF MORRO BAY WHEREAS, the people of the State of California have enacted the California Parklands Act of 1980, which provides funds to the State of California and its political subdivisions for acquiring lands and for developing facilities for public 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 applicant must comply with; and WHEREAS, the applicant agency will enter into an agreement with the State of California for the acquisition and or de- velopment of the project; NOW, THEREFORE, BE IT RESOLVED that the City of Morro Bay 1. Approves the filing of an application for 1980 state grant assistance for Morro Bay Park Development project; and 2. Certifies that said agency understands the assurances and certification 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 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 completion of the aforementioned project. ' RESOLUTION NO. 24-81 RESOLUTION APPROVING A COOPERATIVE AGREEMENT BETWEEN THE CITY OF MORRO BAY AND SEQUOIA-BAYVIEW CONDOMINIUM DEVELOPMENT TRACT 890 FOR THE CONSTRUCTION OF A 6-INCH WATER MAIN IN SEQUOIA STREET BETWEEN ELM AVENUE AND MAIN STREET IN THE CITY OF MORRO BAY WHEREAS, Section 13.04.110B of the Morro Bay Municipal Code provides that the City may require a developer to install over- sized or additional water mains when said mains will benefit the City, and WHEREAS, Section 13.04.110E of the Morro Bay Municipal Code provides that the City shall bear the cost of the additional main installed,.and WHEREAS, the Director of Public Services has determined that the additional installation will be for the good of the City in providing improved capacity, water circulation, and fire protection, and WHEREAS, the developer of Tract 890 is in agreement with the proposal, NOW, THEREFORE, BE IT RESOLVED that the City Council for the City of Morro Bay hereby authorizes the Mayor and City Clerk to sign the attached agreement entitled "Cooperative Agreement for Construction of a 6-inch Water Main in Sequoia Street between Elm Avenue and Main Street". On the motion made by J. Lemons and scheduled by D. Deutsch, the Morro Bay City Council hereby adopts the foregoing proposed resolution in its entirety on the following roll call vote: 0 . -2- RESOLUTION NO. 17-81 PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof held this 23rd day of Feb., 1981, by the following roll call vote: AYES: Anderson, Deutsch, Dorn, Lemons, Ward NOES: None ABSENT: None ATTEST: WARREN M. DORN, Mayor BONITA MURRAY,%-Deputy ty Jerk v CALIFORNIA PARKLANDS ACT OF 1980 Project Agreement Special Provisions General Provisions A. Definitions 1. The term "State" as used herein means the California State Department of Parks and Recreation. 2. The term "Act" as used herein means the California Parklands Act of 1980. 3. The term "Project" as used herein means the project which is described on page 1 of this agreement. 4. The term "Applicant" as used herein mans the parry described as applicant on page 1 of this agreement. B. Project Execution 1. Subject to the availability of grant moneys in the Act, the State hereby grants to the Applicant a sum of money (grant moneys) not to exceed the amount stated on page 1 in consideration of and on condition that the sum be expended in carrying out the purposes as set forth in the Description of Project on page 1 and under the terms and conditions set forth in this agreement. Applicant agrees to assume any obligation to furnish any additional funds that may be necessary to complete the project. Any modification or alteration in the project as set forth in the application on file with the State must be submitted to the State for approval. 2. The Applicant agrees to complete the Project in accordance with the time of project performance set forth an page 1, and under the terms and conditions of this agreement. 3. If the Project includes development, the development plans and specifications or Force Account Schedule shall be reviewed and approved by the State. 4. The Applicant shall secure completion of the development work in accordance with the approved development plans and specifications or Force Account Schedule. 6. The Applicant shall permit periodic site visits by the State to determine if development work is in accordance with the approved plans and specifications or Force Account Schedule, including a final inspection upon Project completion. 6. All significant deviations from the Project shall be submitted to the State for prior approval. 7. Applicant in acquiring real property, the eligible cost of which is to be reimbursed with grant moneys under this agreement, shall comply with Chapter 16 (commencing with Section 72601 of Division 7 of Title 1 of the Government Code and any applicable federal, state, or local laws or ordinances. Documentation of such compliance will be made available for review by the State upon request. '8. Applicant agrees to furnish State preliminary title reports respecting such real property or such other evidence of title which is determined to be sufficient by State. Applicant agrees in negotiated purchases to correct prior to or at the close of escrow any defects of title which in the opinion of State might interfere with the operation of the Project. In condemnation actions such title defects must be eliminated by the final judgment. C. Project Costs The Grant moneys to be provided Applicant under this agreement may be disbursed as follows: If the Project includes acquisition of real property, the State may disburse to Applicant the grant moneys as follows, but not to exceed in any event the State grant amount set forth on page 1 of this agreement: a. When acquisition is through negotiated purchase, State may disburse the amount of the State approved purchase price together with State approved costs of acquisition. b. When acquisition is through proceedings in eminent domain, State may disburse the amount of the total award as provided for in the final order of condemnation together with State approved costs of acquisition. In the event Applicant abandons such eminent domain proceedings, Applicant agrees to bear all costs in connection therewith and that no grant moneys shall be disbursed for such costs. DPR 653 (11/80) r 0 0 3. In the event State is named as codefendant under the provisions of Government Code Section 895 at seq., the Applicant shall notify State of such fact and shall represent State in the legal action unless State undertakes to represent itself as codefendant in such legal action in which event State shall bear its own litigation costs, expenses, and attorney's fees. 4. In the event of judgment entered against State and Applicant because of the concurrent negligence of State and Applicant, their officers, agents, or employees, an apportionment of liability to pay such judgment shall be made by a court of competent jurisdiction. Neither party shall request a jury apportionment. G. Financial Records The Applicant shall maintain satisfactory financial accounts, documents and records for the Project and shall make them available to the State for auditing at reasonable times. Such accounts, documents and records shall be retained by the Applicant for three years,following project termination or completion. During regular office hours each of the parties hereto and their duly authorized representatives shall have the right to inspect and make copies of any books, records or reports of the other party pertaining to this agreement or matters related thereto. Applicatant shall maintain and make available for inspection by State accurate records of all of its costs, disbursements and receipts with respect to its activities under this agreement. 2. The Applicant may use any generally accepted accounting system. H. Use of Facilities The property acquired or developed with grant moneys under this agreement shall be used by the Applicant only for the purpose for which the State Grant moneys were requested and no other use of.the area shall be permitted except by specific act of the Legislature. 2. The Applicant agrees to maintain and operate the property acquired or developed for a period commensurate with the type of project and the proportion of State Grant funds and local funds allocated to the capital costs of the project. Nondiscrimination The Applicant shall not discriminate against any person on the basis of sex, race, color, national origin, age, religion, ancestry, or physical handicap in the use of any property or facility acquired or developed pursuant to this agreement. 2. The Applicant shall not discriminate against any person on the basis of residence except to the extent that reasonable differences in admission or other fees may be maintained on the basis of residence and pursuant to law. 3. All facilities shall be open to members of the public generally, except as noted under the special provisions of this project agreement. RESOLUTION NO. 16-81 RESOLUTION APPROVING THE PRIORITY PLAN FOR EXPENDITURE under the provisions of the CALIFORNIA PARKLANDS ACT OF 1980 WHEREAS, the California Parklands Act of 1980 requires that each county shall consult with all cities and districts within the County which are eligible to.receive,grant funds , under provisions of Section 5096.156 of. the Act, and develop and submit to the State for approval a pr`iority'p'lan for ex- penditure of the county's allocation; and WHEREAS, the County of San Luis Obispo has consulted with said cities and districts and has prepared a priority plan for expenditure of the county's allocation which will.'., ultimately address the deficiencies and needs required4by thEi' Program and includes expenditures by eligible cities and districts; and NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Morro Bay does hereby approve the priority plan for the expenditure of the county's allocations of funds under the California Parklands Act of 1980 as submitted by the County of San Luis Obispo; and BE IT FURTHER RESOLVED that the Clerk of the City of Morro Bay is hereby authorized and directed to forward a certified copy of this resolution to the State Department of Parks and Recreation. On the motion made by Mayor Pro-Tem Lemonsand seconded by Councilwoman Ward, the Morro Bay City Council hereby adopts the foregoing proposed resolution in its entirety on the follow- ing roll call vote: AYES: Anderson, Deutsch, Dorn, Lemons, Ward NOES: None ABSENT: None ADOPTED: February 23, 1981 ATTEST: B IITAA F;Depu y� it WARREN M. DORN, Mayor -Clerk. K RESOLUTION NO. 15-80 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY CALLING AND GIVING NOTICE OF THE HOLDING OF A SPECIAL MUNICIPAL ELECTION TO BE HELD IN SAID CITY ON TUESDAY, JUNE 2, 1981 FOR THE CONSIDERATION OF CERTAIN INITIATIVE,` MEASURES AS REQUIRED BY THE PROVISIONS OF THE'LAWS`OF THE STATE OF CALIFORNIA RELATING TO GENERAL LAW CITIES WHEREAS, under the provisions ov. the laws relating to general law cities in the State of California, a special. municipal electi,on, as called for by the City Council of the City of Morro Bay, shall be held on June.2, 1981; for the consideration of an ordinance to "Restrict Further Developments and Uses Between Beach Street and Target Rock to Those Primarily Serving Licensed Commercial Fishing or Recreational Fishing." NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay as follows: SECTION'l. 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, on Tuesday, June 2, 1981, a special election of the qualified electors of said City for the purpose of voting on a proposed ordinance to "Restrict Further Developments . and Uses Between Beach Street and Target Rock to Those Primarily Serving Licensed Commercial Fishing or Recreational Fishing." SECTION 2. That the ballots to be used at said election shall be, both as to form and matter contained therein, such as may be required by law to be used thereat. SECTION 3. That the City Clerk of said City is hereby authorized, instructed and directed to procure and furnish any and all official ballots, notices, printed matter and all supplies, equipment, and paraphernalia that may be necessary in order to properly and lawfully conduct said election. 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 when said polls shall be closed, except as provided in Section 14301 of the Elections Code of the State of California. SECTION 5. That in all particulars not recited in this Resolution, said elect'io—n--sW577be 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. W Resolution No. 15-81 -2- February 23, 1981 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 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. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting of said Council held this 23rd day of February, 1981, by the following roll call vote: AYES: Anderson, Deutsch, Dorn, Lemons, Ward NOES: None ABSENT: None Ii c St.,. WARREN M. DORN, Mayor ATTEST:. f PAUL A TER, City Clerk i r r lie RESOLUTION NO. 14-81 RESOLUTION COMMENDING GEORGE CHRISSAKIS AS MORRO BAY CITY ENGINEER WHEREAS, George Chrissakis has ably served as City Engineer of the City of Morro Bay from November 1, 1973 until January 31, 1981; and WHEREAS, Mr. Chrissakis has elected to retire; and WHEREAS, the City Council of the City of Morro Bay has appreciated the professional services rendered by Mr. Chrissakis during his employment with the City; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Morro Bay wishes to thank Mr. Chrissakis for a job well done. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a meeting of said Council held this 23rd day of February, 1981, by the following roll call vote: AYES: Anderson, Deutsch, Dorn, Lemons, Ward NOES: None ABSENT: None WARREN M. DORN, Mayor ATTEST: BONITA KAY MURRA , Deput City erk RESOLUTION NO. 33-81 RESOLUTION IN SUPPORT OF THE GREAT CALIFORNIA RESOURCE RALLY, APRIL 20-26, 1981 WHEREAS, more than 46 million tons of non -hazardous solid wastes are generated each year in.California while many of the state's 600 sanitary landfills are closing for want of space or failure to meet health and safety standards; and WHEREAS, Californians spend more than $600 million each year to collect, transfer, haul and'bury solid wastes that contain hundreds:of millions of dollars of valuable energy and materials that could be reused, recycled or otherwise recovered; and WHEREAS, the problem of litter continues to plague California's cities and counties costing the taxpayers an additional $100 million a year to handle; and WHEREAS, the State Solid Waste Management Board .is the agency responsible for initiating and encouraging statewide and community programs in solid waste management planning and enforcement, recycling, resource reuse, energy recovery, litter control and public education and participation; and WHEREAS, the State Solid Waste Management Board --with the support of dozens of California public interest groups, businesses, and local governments -- is sponsoring the Great California Resource Rally to be held April 20-26, 1981, to raise Californian's awareness of the State's impending garbage crisis and encourage citizen participation in litter control, recycling and waste reduction activities; and WHEREAS, the City Council of the City of Morro Bay has important leadership role to play in helping to find solutions to California's solid waste management challenges; NOW, THEREFORE, BE IT RESOLVED that the City Council of .the City of Morro Bay hereby endorses and supports the objectives and goals of the California Resource Rally, and urges citizens. and;city personnel and agencies". -to participate in and support recycling, litter control and waste reduction activities throughout the year especially during`the Rally Week of April 20-26, 1981; and BE IT FURTHER RESOLVED that the City Council of the City of Morro Bay by . the adoption of this resolution urges all citizens and city personnel to maximize the reuse and recovery waste resources, especially paper, motor oil, aluminum, glass and newsprint in our community; and BE,IT FURTHER RESOLVED that Morro Bay Beautiful has been designated as the official coordinating group for beautification of the City; and BE IT FURTHER RESOLVED that the proceeds from the Mayor's First Annual Barbecue to be on April 22, 1981 will go to further the efforts of Morro Bay Beautiful. pq I RESOLUTION NO BOA PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof held this 13th day of April 1981 by the following roll call vote: AYES: Anderson, Deutsch, Dorn, Lemons, Ward NOES: None ABSENT: None WARREN M. DORN, Mayor ATTEST: j` BONI A KAY MURRAY, Ueputyty C er< w� IT'S A WEEK OF EXCITING EVENTS and activities planned throughout the state aimed at encouraging people to conserve energy and resources by recy- cling used products, reducing the amount of waste they create and stopping the littering of our neighbor- hoods and recreation areas. The Rally will take place April 20 to 26, 1981, and it is sponsored and partially funded by the State Solid Waste Management Board (SSWMB). EACH YEAR CALIFORNIANS generate about 46 million tons of solid waste-enough.to fill two freeway lanes to a depth of 10 feet from Mexico to the Oregon border. Our volume of waste is growing, and we're running out of places to put it. Many of the state's approximately 600 sanitary landfills are closing for want of space or failure to meet health and safety standards, and others are filling up fast. At the same time, we are throwing away as "garbage" hundreds of millions of dollars' worth of valuable materials that could easily be recycled, reused orotherwise recovered. THE POINT of the Great California Resource Rally is to awaken Californians to the state's impending "garbage crisis" and ways we can all help avert it through recycling, litter control and other waste management activities. The Rally will focus attention on ways we can conserve and recover resources that are usually thrown away, save tax dollars, preserve important environmental resources and put an end to litter. LITERALLY HUNDREDS of community clean-up and recycling events are being organized around the state. For example, the State Department of General X Services is sponsoring a "Clean Out the Files" white office paper recycling day; Santa Barbara is planning a beach clean-up; San Diego is holding a "Recycla- thon"; and the Northern California Girl Scouts will be working with the State Department of Parks and Recreation to clean up state parks along the coast. Local and statewide poster contests will be held focusing on litter -control and recycling themes. IN DU STRY*PARTICIPATION; Industry is participating in the Great California Resource Rally in a variety of ways. Businesses are providing free litter bags, trash bags and bumperstrips; publishing articles announcing the Resource Rally in company newsletters; and placing posters and signs on trucks and vans. Local support plus local resources equals a successful Rally event. We urge you to contact businesses and mer- chants in your community to obtain donated services and financial support for the Resource Rally event in your local area. GCRR MEDIA PROGRAM: In addition to encouraging citizen participation activities -around the state, the State.Solid Waste Management_Board is producing radio and television public service -.announcements, billboard messages and trans it -advertisements for statewide distribution. A major press program is also being planned by Solem and Associates, the Board's subcontractor for public awareness and participation programs, to gain news:coverage of community events. Recycling and litter -control events in Cali- fornia's largest metropolitan areas —Los Angeles, San Francisco, Oakland, San Diego; Sacramento and Fresno —will receive special attention designed to increase public awareness and participation in the Great California Resource Rally. YOU CAN MAKE A DIFFERENCE in helping your community be resource -full. By encouraging others to recycle, you can help eliminate the need for a new dump site in your town. By helping to stop littering, you can make your community safer and more attractive. By cutting down on the amount of waste you create, you can save energy and valuable resources that are running out. AS AN INDIVIDUAL or part of an organization, you can get involved in the Great California Resource Rally by planning or participating in a community event in your area. Almost anything you think of can be a GCRR event. With help from friends, neighbors and volunteers, you can: • organize a Recycling Day or start a recycling program in your community. • clean up a beach, park, neighborhood or school. • plan an event to alert citizens and local officials about a special waste or resource problem in your area. • have your service club or organization place a news- paper, billboard or transit advertisement urging support for and participation in the Rally. • host a speaker from the SSWMB Speakers Bureau for your organization's community affairs meeting. • hold a local poster contest to focus attention on waste and resource problems. • organize a "trash -art" contest. • publish an article -on the Rally in your company, church or community newsletter. • start a program to recycle white office paper in your business, organization or local government. •organize a community tree planting. • start a community:garden or composting project. �� ,} 1h t � '• nit' t u ) ��t l�-. THE SSWMB .has -prepared an extensive Community Action Manual_to help citizens in towns and cities plan and carry out volunteer efforts in support of the Great California Resource`'Rally. A limited number of the manuals are available for distribution. The SSWMB can also provide artwork to local organizations to use for printing Resource Rally t-shirts, litter bags and bumper strips. The Community Action Manual and artwork can be obtained by phoning the GCRR co -managers, Chris Youngblood and Robin McCarthy, at (916) 322-6400. IT IS IMPORTANT that anyone sponsoring a GCRR event phone the Board to let us know what is being planned. We will use this information to help community events gain local and statewide media coverage. t t�i ^� f � ? 8�i 1 t .h ! r � • MR:■"E THE STATE SOLID WASTE MANAGEMENT BOARD (SSWMB) is the agency charged with making California "waste -efficient" through recycling, resource recovery, waste reduction and litter Control activities. In addition, the SSWMB is responsible for protecting the public's health and safety through enforcement and planning of proper sol id waste disposal practices. For information on the Great California Resource Rally, or any aspect of solid waste management, call the Board's toll -free information hotline: 800-952-5545. FOR INFORMATION IN, YOUR COMMUNITY, CONTACT: TELEPHONE (805) 549-5548 MARINA ROSA SAN LUIS OBISPO P.O. BOX 1489 COUNTY HEALTH AGENCY 'g191 JOHNSON AVENUE DIVISION OF BAN LUIS OBISPO ENVIRONMENTAL HEALTH CALIFORNIA 93408 State Solid Waste Management Board 1020 91h Street, Suite 300, Sacramento, CA 95814 01 NO l,III _ •'� rev 100%Recycled Paper Donated by Conservative 4 RESOLUTION NO. 32-81 RESOLUTION DESIGNATING CHIEF'OF POLICE TO PRESIDE AT HEARINGS FOR ABANDONED VEHICLES WHEREAS, California Vehicle. Code Section 22852 (3) allows a public agency to authorize any employee to conduct a post storage hearing.when,a vehicle is stored in accordance with Municipal Code Section.10.08.030 on parking in excess of 72 hours; and WHEREAS, California Vehicle Code S ection ' 22661 (d) allows the governing body of any city the authority to designate a -hearing officer to conduct a public hearing on the question of abatement and removal of vehicles or part thereof as an abandoned, wrecked, dismantled or inoperative vehicle and the assessment of the administrative costs and the cost of removal of the vehicle or part thereof against the property on which it is located; NOW, THEREFORE, BE IT RESOLVED that the City Council as the governing body of the City of Morro Bay hereby designates the Chief of Police to preside as the hearing.officer.to conduct public hearings on the question of abatement and removal of vehicles in accordance with Municipal Code Section 10.48.100; BE IT FURTHER RESOLVED that the City Council also hereby designates. the Chief of Police to conduct the post storage hearing in accordance with Municipal Code Section 10.08.030 (d). PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof held this 13th day of April > 1981, by the following roll call vote: AYES: Anderson, Deutsch, Dorn, Lemons, Ward NOES: None ABSENT: None WARREN M. DORN, Mayor ATTEST: BONI A KAY MURRAYepu y " ty r rk RESOLUTION NO. 31-81 RESOLUTION OF INTENTION TO AMEND MUNICIPAL CODE CHAPTER 17,48, BY ADDING A NEW SECTION THERETO CONCERNING MULTIPLE USE OF PUBLIC SCHOOL SITES THE CITY COUNCIL City of Morro Bay, California WHEREAS, Municipal Code Section 17.64.030 provides that amendments to the City Zoning Ordinance may be initiated by filing with the Planning Commission of a Resolution of Intention of the City Council; and, WHEREAS, the City Council deems it to be in the general interests of public health, safety and welfare to initiate consideration of certain provisions for compatible multiple use of Public School sites and facil.ities within the City Zoning Ordinance (Municipal Code, Title 17): NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay as follows: 1. That the Council does hereby initiate consideration of an amendment to Municipal Code Chapter 17, providing for the review of multiple uses compatible with Public Schools,,as specified in Exhibit "A" attached hereto. 2. That the City Clerk is instructed to file this Resolution of Intention with the Planning Commission, whereupon the Secretary to the Commission is instructed to schedule a Public Hearing to consider this matter. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a meeting of said Council held this 23rd day of March 1981, by the following roll call vote: AYES: Anderson, Deutsch, Dorn, Lemons, Ward NOES: None ABSENT: None WARREN M. DORN, Mayor ATTEST: l s : c`1- PAUL BAX ER, City Clerk • EXHIBIT "A" 0 SECTION 17.48.030 SPECIAL USES A. is amended to add: 12. Compatible multiple use of public school sites and facilities. The Special Use Permit is to provide for certain other compatible uses within or adjacent to public school buildings and structures pursuant to the provisions-7of.the California Education Code* which permits joint occupancy of schools and authorizes the use of vacant school property and buildings for certain uses and users which are of a scale and intensity compatible with the public school and its neighborhood (i.e. School attendance area). It is further the purpose of the permit to maintain the continued operation of neighborhood schools, including public recreational uses at the schools, while allowing for the joint occupancy of vacant.school property and buildings during periods of less than capacity enrollment. . a. Permitted uses, subject to the securing of a Special Use Permit: 1. Parochial and private schools and colleges. 2. Activities of religious organizations including regular church services. 3. Private day or residential schools and colleges, (excluding business, professional, or trade schools). 4. Library and library extension services. 5. Activities and administrative offices of community/charitable organizations, including senior citizens services. 6. Activities and administrative offices of civic and service organizations, e.g. Rotary, Lions, Kiwanis, YMCA, etc. 7. Nursery schools and day care centers. 8. Tutorial related services for elementary/secondary age students. 9. Uses by other school districts, federal government or its agencies, the state, county, city and county, city or special districts as permitted and regulated by the State Education Code, as it may be amended. 10. Private business enterprises (as specified by a listing in the permit approval.) which do not engage in direct retail sales on the school site. b. Special Use Permit - Issuance. In addition to the provisions of this Chapter and Chapter 17.60, the Special Use Permit for joint school use shall receive final approval by the City Council at a duly noticed public hearing. The Planning Commission shall first consider the permit at a public hearing and forward their report and recommendation to the Council. * Section 39500 and its successors Page Two c. Special Use Permit - Application. Joint occupancy of any school shall not be permitted until a school utilization plan has been approved by the City Council pursuant to the permit provisions of this Section.** Such a school utilization plan shall provide for at least the following: ' * A site plan delineating the proposed amount, use and location of space for both school and non -school uses. The plan shall identify vehicle access and parking as related to all existing and proposed uses.. * A list of uses to be accommodated on the site. Each use shall be described in sufficient detail as to permit a clear understanding of any potential site and neighborhood impacts. * A minimum five (5) year school enrollment projection, anda statement of the time period the joint occupancy program for the school shall be in effect. * Such other ;information as may be required by the Planning Commission or City Council. Once such a utilization plan has been approved by the City Council, no additional Special Use Permit shall be required unless a change is proposed to the approved site plan or list.of allowed uses. However, each specific lease shall be reviewed and certified by the Planning and Community Development Director as conforming with the provisions of the School: Utilization Plan. In addition, each approved School Utilization Plan shall be reviewed by the Planning Commission biannually at a fully noticed public hearing to insure that the plan and joint occupancy continue to meet the objectives of this section. d. Special Use Permit - General Provisions. 1. It shall be the responsibility of.the school district to provide for and insure acceptable separation between the school and non - school use dependent upon such.conditions as location, shared facilities and intensity of proposed non -school use. 2. Off-street parking and loading space shall be provided in accordance with Chapter 17.44. 3. All joint occupancies shall be designed and conducted to minimize noise, traffic congestion, safety hazards, or any other condition that could significantly affect public health, safety or welfare. 4. As a general rule, no more than fifty percent (50%) of the total floor area of any school should be used -for commercial uses. This is a guideline based on the belief that a higher non -school utilization would mean that public education is no longer the primary use of the school. •A school utilization plan exceeding the fifty percent (50%) guidelines may be approved only if the City Council finds. that such a plain is consistent with the purposes and objectives stated in this Section. ** The limitation'shall_not'apply to specific uses: lawfully established prior to the effective date of this amendment. However, any new joint occupancies shall only be permitted after the approval of a school utilization plan. Page Three 5. In addition to all of the preceding requirements, all.uses of school facilities and buildings shall be in accordance with the provisions of'the Morro Bay Municipal Code or any 'other law or ordinance of the city. r L � i RESOLUTION NO. 30-81 RESOLUTION OF THE CITY COUNCIL' CITY OF MORRO BAY RESOLUTION MODIFYING FEES FOR NON-PROFIT ORGANIZATIONS WHEREAS, according to Section 5.08.040 of the Municipal Code Art, Hobby, or Handicraft Shows and Exhibitions, the use fee for Non -Profit Organizations shall be $20.50 per day. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof held this 23rd March, 1981, by the following roll call vote: AYES: Anderson, Deutsch, Dorn, Lemons, Ward NOES:" None ABSENT: None ATTEST: WARREN M. DORN, Mayor BONITA MURRAY, eputy ity C"erk PARK USE CHARGE NON-PROFIT ORGANIZATIONS 1. Custodial Charge - restroom cleaning/litter pickup 1.5 hours x $9.00/hr = $13.50/day $13.50 2. Cleaning/Restroom Supplies 54/person x 100 people/day $5.00/day $5.00 3. Clerical Time 1/2 hour x_$4.00/hour $2.00 TOTAL CHARGES = $20.50 RESOLUTION NO. 29-31 RESOLUTION TO MR. TOM BUTCH FOR HIS CONTRIBUTIONS i0 THE CITY OF ARROYO GRANDE WHEREAS, Mr. Tom Butch, since 1963, has been the first and only City Administrator for the City of Arroyo Grande; and WHEREAS, Mr. Butch has served that City with great distinction for this period of time; and WHEREAS, during his tenure the City has been recognized for its innovation, efficiency, and service to its citizens by the League of California Cities; and WHEREAS, Mr. Butch has been recognized Sy his peers as being a manager of integrity and reliability and have elected him in the past to serve as the President of their association; and WHEREAS, Mr. Butch has also been active in his community by his support of youth programs. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Morro Bay commends Mr. Tom Butch for his years of public service and wishes him well in his new profession. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof held this 23rd day of March, 1981 by the following roll call vote: AYES: Anderson, Deutsch, Dorn, Lemons, Ward NOES: None ABSENT: None /s/ Warren M. Dorn ,BARREN M. DORN, Mayor ATTEST: PAUL BARTER, City C erk RESOLUTION NO. 28-81 RESOLUTION HONORING THE AMERICAN LEGION ON THEIR 62ND ANNIVERSARY r WHEREAS, on Tuesday, March 24, 1981 this country's American Legion will celebrate their 62nd anniversary; and WHEREAS, to commemorate the event the Clair Tyler Post #703 will join in celebrating the founding of the organization; and WHEREAS, the American Legion has been active in the assistance of local veterans, as well as providing them with a means of associating with other former service members; and WHEREAS, Post #703 has invited a number of World War I veterans to celebrate this anniversary tocommemorate those, past and present, who have served their country; and WHEREAS, the"City of Morro Bay wishes to congratulate the American Legion on their anniversary and also join with others to honor our country's veterans. NOW, THEREFORE,.BE IT RESOLVED, that the City Council of the City of Morro Bay congratulates the American Legion on their 62nd anniversary and extends the best wishes to Post #703 and also. to those veterans, friends and associates of the Legion. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held thereof on this 23rd day of March, 1981 by the following roll call vote. AYES: Anderson, Deutsch, Dorn, Lemons, Ward NOES: None ABSENT: None WARREN M. DORN, Mayor ATTEST: BONITA Y Y MUKRAY ,Aeputy 0-ty C k RESOLUTION NO. 27-81 A RESOLUTION COMMENDING FLETCHER PECK WHEREAS, Mr. Fletcher Peck is by profession a composer, musician, and performer of exceedingly high quality; and WHEREAS, Mr. Peck has "looked the whole world over" for a location to both work and reside; and WHEREAS, recently Mr. Peck has chosen to live in the Morro Bay area; and WHEREAS, Mr. Peck composed a song of warmth and fondness to honor this City; and WHEREAS, Mr. Peck has offered his song to the City of Morro Bay that it might be considered as the official City song; and WHEREAS, on March 9, 1981 the City Council of the City of Morro Bay unanimously voted to adopt the song "Morro Bay" as the official City song; NOW, THEREFORE, BE IT RESOLVED that the City Council officially extends their thanks to Mr. Fletcher Peck for his thoughtfulness and generosity and by signature below confirms the song "Morro Bay" as the official song of the City of Morro Bay. WARREN�M. DORN, Mayor JOIN LEMONS, Mayor Pro-Tem .-% §� � 4 DOROTHA DEUTSCH, Councilwoman I]FRMINIA WARD, Councilwoman RESOLUTION NO. 27-81 RESOLUTION COMBINING VOTING PRECINCTS FOR THE JUNE•2, 1981 ELECTION WHEREAS, the City of Morro Bay will hold a Special Municipal Election on June 2, 1981; and WHEREAS, the Election Code Section 23311 outlines the duties of the governing body to include consolidation of home precincts into polling precincts. NOW, THEREFORE, BE IT RESOLVED by the City Council 'of the City of Morro Bay, that the below -stated home precincts shall be consolidated into the following polling precincts. HOME PRECINCTS POLLING PRECINCTS 1,2,3,4,5 301 - Del Mar 6,7,8 302 - Del Mar 9,10,11,12,13 303 - First Christian Church 14,15,17,19 304 - Veteran's Hall 16,18,20 305 - Senior Citizens' Center 21,22,23,28 306 - Recreation Hall 24,25,26,27 307 - Recreation Hall PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held thereof on this 23rd day of March, 1981 by the following roll call vote: AYES: Anderson, Deutsch, Dorn, Lemons, Ward NOES: None ABSENT: None 0 N LEMONS., Mayor .Pro-Tem --- ATTEST: ATTEST: paj �L 1LA_ PAUL BAXTER, Ci y Jerk 10 0 RESOLUTION NO. 26-81 RESOLUTION PROCLAIMING ENERGY CONSERVATION FAIR TO BE HELD MARCH 19, 1981 WHEREAS, electrical energy is essential to the health, 'safety and welfare of the people of Morro Bay, the state and the nation; and WHEREAS, the cost of energy is rapidly rising due to uncertainties about the present and future supplies of energy resources and the increased cost of power plant construction to keep pace with the rising demand for electricity; and WHEREAS, rising residential energy costs are becoming an increasing economic burden; and many dwellings in Morro Bay were constructed during periods of relative energy abundance; and WHEREAS, significant opportunities exist for energy conservation through the application of appropriate measures to existing dwellings which will result in decreased residential energy costs; a decrease ifi peak energy demand; decreased threat to health and welfare of residents of Morro Bay and of the State of California posed by potential energy shortages; and WHEREAS, a strong commitment.to conservation on a community -level and an increased public awareness of available conservation measures, techniques and devices is essential for conservation to occur. NOW, THEREFORE, BE IT RESOLVED, that the City of Morro Bay supports PG&E's efforts to increase public awareness of home energy conservation by means of the Energy Conservation Home Fair on March 19, 1981 at the San Luis Obispo Veteran's Memorial Building from 4:00 PM to 9:00 PM. PASSED AND ADOPTED by.the City Council of.the City of Morro Bay at an adjourned meeting held thereof on the 16th day of March, 1981 by the following roll call vote: AYES: Anderson, Deutsch, Dorn, Lemons, Ward NOES: None ABSENT: None WARREN M. DORN, Mayor ATTEST: PAULTER, City Clerk- , a RESOLUTION NUMBER 25-81� RESOLUTION ADOPTING AN AMENDED SET OF CITY OBJECTIVES, CRITERIA, AND PROCEDURES FOR EVALUATION OF PROJECTS AND THE PREPARATION OF ENVIRONMENTAL IMPACT REPORTS THE CITY COUNCIL City of Morro Bay, California WHEREAS, Public Resources Code Sections 21083 and 21087 grants authority to the Secretary for Resources to prescribe regulations to be followed by all State agencies, counties, cities, redevelopment agencies, and public districts, and all other political subdivisions of the State in the implementation of the Environmental Quality Act of 1970, dealing with environmental quality, the evaluation of projects, and the preparation of environmental impact reports; and, WHEREAS, the Secretary for Resources has adopted revised State guidelines for implementation of the Environmental Quality Act, as found in the regulations in the California Administrative Code, Title 14, Div. 6; WHEREAS, the City Planning Commission has recommended a revised set of City implementation procedures in conformance with the adopted State Guidelines; NOW, THEREFORE, BE IT RESOLVED that -Resolution No. 66-77 adopted by the City Council of the City of Morro Bay,California, on June,6, 1977, is hereby repealed and the said State Guidelines with amendment to date, as augmented by City Objectives, Criteria, and Procedures for Evaluation of Projects and the Preparation of Environmental Impact Reports prescribed by Article 5, Section 15050 et. seq., said City procedures being labeled Exhibit "A" (Sectiorn I through Section X) and attached hereto, are hereby adopted. FURTHER BE IT RESOLVED, if any section, subsection, sentence, clause or phrases of this resolution is for any reason, held to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this resolution, it being expressly declared that this resolution and each section, subsection, sentence, clause and phrase hereof. would have been prepared, proposed, adopted, approved, and ratified irrespective of the fact that any one or more other sections, subsections, sentences, clauses or phrases be declared invalid or unconstitutional. Any action,or proceeding to attack, review, set aside, void, or annul the acts or decisions made by the City.or'any of its agencies,.bodies, officers, or employees pursuant to the provisions of these City procedures or any action or proceeding complaining of prejudicial abuse.of discretion for failing to proceed in the manner prescribed by law, or'for`making determinations or -.decisions not supported by substantial evidence, shall be governed by the provisions of the California Public Resources Code. No technical non-compliance by the City or its officers or employees with any provision of these local procedures shall be deemed to invalidate any action taken by any officer, board, commission, or by this City Council in connection with implementation of the Environmental Quality Act or any other law or procedure. 6 RESOLUTION NO. 25=81 Page Two PASSED AND ADOPTED by the City Council of the.City of Morro Bay at a meeting of said Counci.l'held this . 9th day of. March 1981, by the following roll call vote: AYES; Anderson, Deutsch, -Dorn, Lemons, Ward NOES: None ABSENT: None WARREN M. RN, MAYOR ATTEST: . .4tkk P UL BAXTER II, City Clerk OBJECTIVES, CRITERIA, AND PROCEDURES FOR EVALUATION OF PROJECTS AND THE PREPARATION OF ENVIRONMENTAL IMPACT REPORTS FOR THE CITY OF MORRO BAY ARTICLE I. PURPOSE 1001. These objectives, criteria, and procedures have been adopted by the City Council of the City of Morro Bay pursuant to Section 21082 of the Public Resources Code to implement the California Environmental Quality Act of 1970, as amended and as interpreted by the California judiciary and to be consistent with the Guidelines for Implementation of the California Environmental Quality Act of 1970 adopted by the Resources Agency of California and found in Division 6, Title 14, of the Administrative Code, and incorporated herein by reference. 1002. These objectives, criteria, and procedures supersede all previous environmental regulations and rules previously enacted by the City Council. ARTICLE II. SCOPE OF APPLICATION 2001. These objectives, criteria, and procedures apply to any public activities, private activities partly funded by City agencies, or any private projects requiring a lease, permit, license, certificate or other entitlement for use which are under the jurisdiction of the City Council of the City of Morro Bay. 2002. The City, its officer, agents, boards, commissions, agencies and employees are subject to, and shall comply with, the Guidelines for Implementation of the California Environmental Quality Act of 1970, (CEQA). The following supplemental local procedures, adopted pursuant to Section 15050 of the said State Guidelines, shall also be applied, but only to the extent that they are not inconsistent with the aforesaid State Guidelines. 2003. These City procedures are intended to locally implement the provisions of CEQA and to follow the applicable provisions of the State Guidelines in their specific operation. Local government authority established in the State Guidelines, but not restated in these procedures is hereby incorporated by reference and the provisions of both documents shall operate in concert. These City procedures shall be amended from time to time when the State mandates amendments to be made and also when in the judgement of the City, changes are required to carry out the goals and purposes of applicable laws. ARTICLE III. DEFINITIONS Whenever the following words are used in these procedures, unless other- wise defined, they shall have the meaning ascribed to them in this article. These definitions are intended to be consistent with and augment the Guidelines for Implementation of the California Environmental Quality Act (CEQA) of 1970 as adopted by the .Secretary of Resources of the State of California, and are intended to clarify, but not negate, the definitions used in CEQA and the State Guidelines. 3001. Applicant: A private entity or person applying for a permit or license for a project. 3002. Approval: The decision by the City Council or other City agency/body which commits the City to a definite course of action in regard to a project intended to be carried out by any person. The date of approval is the date such decision becomes effective under the ordinances or rules of the City. PAGE TWO In connection with private activities, approval occurs upon the earliest commitment to issue or issuance by the City Council or other City agency/body of a contract, binding agreement,.lease permit, license, certificate or other entitlement. 3003. CEQA or ACT - California Environmental Quality Act: CEQA means California Public Resources Code Section 21000 et seq. 3004. City: The City of Morro Bay, California. 3005. City Agency: Any agency, board or commission which is considered to be a part of or an adjunct to the City of Morro Bay City government. 3006. Contractor: A person with which the City contracts for the preparation of Environmental Impact Reports. 3007. Coordinator (Environmental Coordinator): A person designated by the City Council who makes environmental assessment recommendations and manages the review process for environmental documents. The Community Development Director shall be the Environmental Coordinator. 3008.. Council: The City Council of the City of Morro Bay. 3009. Planning Commission: The Planning Commission of the City of Morro Bay. ARTICLE IV. AUTHORITY '4001. General authority for implementation of these local procedures shall be vested in'the City Council of the City of Morro Bay. The City Council may for purposes of efficient administration, delegate specific authority and assign responsibility for implementation actions to its. boards, commissions, and officers. 4002. The Environmental Coordinator, or appropriate staff member(s) to whom he may have delegated this responsibility, shall assist the Council, Boards, and Commissions of the City in the performance of their duties and responsibilities under CEQA, the State Guidelines and these local procedures. ARTICLE V. PROCEDURES 5001. Prior to Formal Review: All persons intending to apply for Zone Changes, approval of Tentative Subdivision Maps, Variances, Planned Developments, Use Permits, and Grading Permits or any other entitlements which come under the jurisdiction of any department, agency, body, commission, board, or the City Council, shall be afforded an.opportunity to discuss the requirements for environmental evaluation and reporting. All persons shall be afforded an opportunity to review the State Guidelines (copies of which are available for purchase from the California Department of General Services) and these procedures. 5002. Formal Review: Any project undertaken or to be approved.by the City shall first be reviewed by the Environmental Coordinator (as defined herein) to determine the application of CEQA. 5003. Exemption Review: The Coordinator shall make the initial determination where a proposed activity is found to be exempt by law, is not a "project", or is "ministerial" or "emergency" in nature, or is otherwise categorically exempt. The evaluation of the proposed activity shall also determine if there is any possibility that the activity may have a.significant effect on the environment. PAGE THREE (a) If the finding is that the project or entitlement is exempt, the project or entitlement shall be processed in the usual manner,' without need for further environmental consideration under the State Guidelines and this document. (b) When the Coordinator determines that a project is exempt from the requirements of CEQA because it is an emergency project, a ministerial project or categorically exempt,.and the City approves or determines to carry out the project, it may file a notice of.exemption. (c) Any person desiring to appeal such exempt determination shall file an appeal with the Community Development Department within ten (10) days of the determination date. The Planning Commission shall hear such appeal at the first regularly scheduled date of Planning Commission meeting. t .. (d) Although the.Coordinator may determine that a project is categorically or otherwise exempt from the operation of CEQA, the Planning Commission or City Council may make a different determination during the course of any of its hearings concerning such project. 5004. Ministerial Projects: Ministerial projects identified by the City pursuant to Section'15073 of the State Guidelines, shall be exempt from the requirements of CEQA, and no environmental documents shall be required. (a) In the absence of any discretionary provision contained in the relevant City ordinances, the following actions shall be deemed to be ministerial: 1. Issuance of building permits in compliance with existing zoning and building regulations; 2. Issuance of City Business Tax Licenses; 3. Approval of Final Subdivision Maps; 4. Approval of individual utility service connections and disconnections, but not to include installation of new sewer mains; 5. Grading permits issued for removal of fifty (50) cubic yards, or less; 6. Permit for removal of trees in public rights -of -way; 7. Franchises; S. Plumbing permits; 9. Structural demolition permits; 10. Temporary use permits; 11. Parade and special event permits; 12. Home occupation permits; 13. Other such actions of the City which do not contain elements. of discretion within the meaning described by Section 15032 of the State Guidelines. PAGE FOUR 5005. Categorical Exemptions: Pursuant to Section 15100 et seq. of the State Guidelines, it is noted that categories provided in these sections are broad and are found to comprehensively include the dis- cretionary activities of the City. The rule for local application to a specific project or .entitlement skull be based on the criteria that the activity is: not otherwise ministerial; within the preview of the City; not on environmentally sensitive lands; and not found to have a cumulative adverse effect in the urban setting. Projects and entitlements skull be scrutinized on a case -by -case basis to determine the applicability under the categories'provided by the State Guidelines and this local. criteria. 5006. Initial Study- Non -Exempt Status: If it is determined that the project is not exempt, then the Coordinator shall request information sufficient to determine whether or not the project may have a"significant effect on the environment. The information shall not be limited to "yes" or "no'.' responses to questions, nor shall it be merely conclusions that there is no environmental effect. It must contain declaratory statements volunteering sufficient information about the purpose and scope of the. project and the setting in which it will occur to enable the environmental significance to be assessed. 5007. Consultation with Agencies:. The Coordinator shall make informal contact with all responsible agencies and with any trustee agencies responsible for natural resources affected by the project, prior to a determination on significant effects of a project. 5008. Initial Study Findings: A written Initial Study along with comments received from responsible and trustee agencies shall form the basis of the Environmental Coordinator's determination as to whether the project may will have a significant effect on the environment; or, whether in this specific instance there is not a possibility of a significant effect. The 1. sponsor of a project for which a significant adverse affect has been identified, may through consultation with the coordinator, amend the project proposal :to mitigate or avoid the identified adverse affect,and shall, thereafter, be entitled_ to a re-evaluation of.the Initial Study prior to the requirement for preparation of an Environmental Impact Report. 5009- Environmental Coordinators Determination - No Significant Environmental Impact: The Environmental Coordinator shall determine whether or not a project may significantly affect the environ- ment. If the Environmental Coordinator finds, based on the information gathered in the Initial Study and his evaluation, that the proposed project will not significantly affect the environment, then a "draft Negative Declaration shall be prepared for public and agency review. 5010. "Draft" Negative Declaration - Notice of Preparation: The Coordinator shall provide to the public notice of the City's intent to adopt a Negative Declaration ten (10) calendar days prior to the final adoption. Notice shall be given to all organizations and individuals who have previously requested such notice and shall also be given by at least one of the following procedures: (a) Publication at least once in a newspaper of general circulation in Morro Bay; (b) Posting notices on and off -site in the area where the project is to be located; and/or, (c) Direct mailing to owners of property contiguous to -the project. PAGE FIVE 5011. Consideration for final adoption of a Negative Declaration: Prior to approving the_ project, the Planning Commission shall -consider any comments received during the public review process, the final determination of the Coordinator, and approve or disapprove the Negative Declaration. (a) Normally the final action on a Negative Declaration should take place at the meeting where the project is considered for approval. (b) Based on comments received, or other information which may come to the Coordinator during the public review period, the . Coordinator may alter his previous decision and determine that the project may, or will have a significant effect on the 'environment;. in which case the project shall be rescheduled for hearing by the Planning Commission after the preparatiori-of a draft Environmental Impact Report. 5012. Project Approval - Notice of Determination: After making a decision to carry out -or approve a project (and following any subsequent. appeal period), the Coordinator shall file on behalf of the'City a Notice of Determination with the.County Clerk (or State Resources Agency'as appropriate). 5013. Environmental Coordinator Determination-- Significant Environment, Effect: If the Environmental Coordinator determines that a project may or will have a significant. effect on the environment, then he shall order the preparation of -'an EIR and determine the degree of specificity required in the EIR. 5014. Notice of'Prepa"ration - Environmental Impact Report: After determining that an EIR will be required for a.project, the Coordinator shall send a notice to each responsible agency and trustee'agency responsible for resources affected by the project and consult with those agencies and persons as'suggested by the State Guidelines. The scope of the draft EIR may need to be altered in response to the comments received,as determined by the Coordinator. 5015. Consideration of Environmental lmpact.Report Prior to Project Approval: Once an EIR has been ordered for a project, no approval may be given for the project or any portion thereof except after consideration -of the EIR. 5016. Waiver of Finding of Significant Effect: Any City agency or applicant may waive the determination as to possible significant . effect by the Environmental Coordinator and voluntarily submit to EIR_ preparation -on the project for which approval is sought. A written waiver shall accompany the application or 'request for approval. 5017. City Projects: 1.These procedures shall be followed on all. City projects except that the City Council, instead of the Planning Commission, shall take all necessary actions under these procedures as to matters which cannot be finally acted upon or denied by the Planning Commission: In the event an EIR is required,'the head of the department carrying out the project shall be responsible for preparation of the draft of the EIR which shall be submitted to the Coordinator for review and distribution. 5018. Time Limits for Procedures to Implement CEQA: Within forty- five (45) days after accepting an application as complete for a private project involving City issuance of a lease, permit, license, certificate or'other entitlement for use, the Environmental Coordinator shall make his initial determination of whether the project will need an EIR or a Negative Declaration. PAGE SIX When the City is the Lead Agency for a project, it shall complete and certify an EIR in_ not more than one (1) year, or complete a Negative Declaration in not more than one hundred and five (105) days. The Environmental Coordinator shall be responsible for attesting that the prescribed time limitations have been observed in City actions on a project. ARTICLE VI. PREPARATION OF THE ENVIRONMENTAL IMPACT REPORT 6001. Fee for Environmental Impact Report: Based upon the degree of specificity determined by the Environmental Coordinator, estimated costs for the preparation of the EIR will be formulated. If the EIR is to be prepared by contract, an estimate of the cost will be secured from consultants determined by the coordinator. to be 'qualified. Cost estimated for the coordinator's processing shall be included in the required fees. Additional fees'beyond the contract amount may be required if additional information is requested by the Reviewing Body before the EIR is accepted. 6002. Preparation of'the Environmental Im act Re ort: City may contract for the preparation. of an EIR on any project to be carried out by a private person which is partially funded by City agency or requires the issuance of a lease, permit, license, certificate, or other entitlement of use by the City. The applicant shall provide any information required by the Coordinator for preparation of an EIR. 6003. C Upon compl review and Secretary moletion of Draft' rt - etion of a draft EIR, but prior co arSLiluu�i..y consultation, the Coordinator shall give notice of the State of California Resources_Agency. Notice: copies for to the The'Coordinator shall also send a notice, accompanied by a copy of the draft EIR, to any other public agency having jurisdiction over the project in question, or persons or agencies having an interest in the.project. A copy of the draft EIR shall be available in the Office of the Coordinator and the Public Library. A news release announcing the availability of the draft EIR and inviting public comment shall be mailed to each newspaper, radio station;'and television station within the City. In addition, the availability of the draft EIR will be advertised as a legal notice, in accordance with legal notification procedures._ The deadline for submission of public and agency comments shall not be less than thirty (30) days from the filing of the Notice of Completion with the Secretary of Resources. 6004. Draft Environmental Impact Report —Incorporation of Comments: A summary of written comments shall be prepared.by the coordinator and attached to draft EIR, and the Coordinator shall have a Consultant', Department head or agency to carry out the project prepare a response to the summary, which shall also become a part of the EIR. The response shall describe the disposition of significant environmental issues raised, giving reasons why specific comments and suggestions were not accepted, and list factors of overriding importance warranting a rejection of the suggestions. 6005. Draft Environmental Iapact Report = Hearing_ The EIR shall be forwarded to the initial decision -making entity, which shall consider the contents of the EIR when any decision is made on the project. 1 PAGE SEVEN 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 the contractor preparing the EIR, 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. 6006. Consideration of Draft Environmental pact Report: During the course of project review, the Planning CommiImssion may, in accord--. ance with these guidelines, impose conditions or alternatives relating.. to consideration of the EIR or may require that additional information be furnished. 6007. Complete and Adequate Report: At the time of the final project approval, the Planning Commission (or Council) shall consider the completeness and adequacy of the EIR in accordance with the State Guidelines. 6008. Planning Commission Action on Environmental Impact Report: If the Planning Commission finds that the Report is adequate and complete, the Planning Commission shall then determine, on the basis of the EIR, the facts presented and these guidelines whether or not, in light of the effects of the project, the project should be: (a) Approved. (b) Denied. (c) Whether or not alternatives or mitigating.conditions should be required to mitigate adverse environmental effects. The Planning Commission may take the foregoing action during the course of the project approval; it shall take final action at the time of final project approval. 6009. Findings: (a) No City 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 body 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 City of Morro Bay. 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 City agency making the finding has concurrent jurisdiction with another public agency to deal with identified feasible mitigation measures or alternatives. PAGE EIGHT 6010. 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 the Morro Bay . Municipal Code Section 17.60.100. 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. 6011. Final Decision - Notice of Determination: 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 (or Resources Agency as appropriate). 6012. Certification of'Final EIR: The Environmental Coordinator shall certify that the Final Environmental Impact Report has been found to be completed in compliance with CEQA and the State Guidelines by the approval body'and that the advisory and final decision -making bodies have reviewed and considered the information contained in the EIR prior to approval of the project. 6013: Acceptance of Final Conditions: Any conditions imposed in connection with the consideration of the Environmental Impact Report shall become conditions of final approval of the project and applicant must accept such conditions. No Use Permit, Variance, or other permit shall have any force or effect until a permittee acknowledges receipt of all conditions of a project including those conditions established upon consideration of the EIR and acceptance of all conditions as required under the City of Morro Bay Municipal Code Section 17.60.090. ARTICLE VII.. CITY PROCESS WHILE ACTING AS A RESPONSIBLE AGENCY 7001. General: The City shall comply with CEQA by considering documents prepared by another agency, when the Lead Agency is other than the City of Morro Bay, -and by reaching .its own conclusions on whether and how to approve the project involved in accordance with the State Guidelines. 7002. Consultation and Response to Notices: The Environmental Coordinator shall act on the City's behalf to facilitate implementation of the StateGuidelines relative to the City's duties as a responsible agency. a) Coordinator shall make arrangements for any consultation deemed necessary by the City, or specifically requested by the Lead Agency. b) 'Coordinator shall ensure that a timely response is offered by the City to all ntoices and draft environmental documents received. Coordinator shall forward the response of the City to any notice of preparation within 45 days of receipt. ARTICLE VIII. ENVIRONMENTAL DOCUMENTS, FORMS, NOTICES AND LISTS 8001. General: The Environmental Coordinator shall maintain up-to- date forms and documents for conduct of Initial Studies, reporting on environmental determinations, required notices and necessary listings. a) Coordinator shall appendix those forms and documents to these local implementation procedures. b). Forms and notices may be of City design, but shall contain all the information required by the State Guidelines. RECORDING REQUESTED SY i I' Non. soMI Addlau C,ti 6 Slot. I I No... Slra.l AdmO. cn a St.,. AND WHEN RECORDED MAIL TO "It ux sureMrNn TO J SPACE ABOVE THIS UNE FOR RECORDER'S USE Corporation Quitclaim Deed THIS FORM FURNISHED BY TICOR TITLE INSURERS The undersigned grantor(s) declare(s): Documentary transfer tax is $ ( ) computed on full value of property conveyed, or ( ) computed on full value less value of liens and encumbrances remaining at time of sale. ( ) Unincorporated area: ( ) City of , and FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, a corporation organized under the laws of the State of hereby REMISES, RELEASES AND QUITCLAIMS to Page 2 of 2 the following described real property in the Count of State of California: — Cont'd) of beginning; thencg continuing S81o32'E a distance of 48.28 feet to a point; thence N170491W a distance of 48.28 feet to a point; thence returning on a curve with a radius of 30.00 feet a distance of 60.89 feet to the true point of beginning; said parcel having an area of 535.13 square feet. This agreement is subject to the two (2) following conditions; first, that this parcel be maintained as a permanent public utility easement and; second, that any landscaping or any other materials placed upon this parcel be maintained in such a manner so as not to hinder the sight distance of traffic. In Witness Whereof, said corporation has caused its corporate name and seal to be affixed hereto and this instru- ment to be executed by its President and Secretary thereunto duty authorized. Dated: STATE OF CALIFORNIA SS. COUNTY OF On before me, the under- signed. a Notary Public in and for said State, personally appeared known to me to be the President, and known to me to be Secretary of the Corporation that executed the within Instrument, known to me to be the persons who executed the within Instrument oil behalf of the Corporation therein named, and acknowledged to me that such Corporation executed the within Instru. ment pursuant to its bylaws or a resolution of its board of directors. \FITNESS my hand and official seal. President Secretary Signature Title Order IThl..rea for official notarial van or Loan MAIL TAX STATEMENTS AS DIRECTED ABOVE .:. RECOROING REOUESTEO BY I Nam. Su..1 Add,.,, Car a Srm. 1 I Non. Su.. Add,., City a $!.1. AND WHOM R{cogoao MAIL To MAIL TAX PATWeMts TO n J - SPACE ABOVE THIS LINE FOR RECORDER'S USE Corporation Quitclaim Deed THIS FORM FURNISHED BY TICOR TITLE INSURERS The undersigned grantor(s) declare(s): Documentary transfer tax is $ ( ) computed on full value of property conveyed, or ( ) computed on full value less value of liens and encumbrances remaining at time of sale. ( ) Unincorporated area: ( ) City of , and FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, a corporation organized under the laws of the State of hereby REMISES, RELEASES AND QUITCLAIMS to U the following described real property in the County of I State of California: This indenture made this day of 1981, between the City of Morro Bay,.a political subdivision and one of the cities in the County of San Luis Obispo, State of California, party of the first part, hereinafter referred to as "City" and Brian K. Bittke, party of the second part: WITNESSETH That the City does hereby release and forever quitclaim to Brian K. Bittke all its right, title and interest in and to the following described real property, situated -in the City of Morro Bay, County of San Luis Obispo, State of California, and more particularly described, as follows; That portion of Cuesta Avenue and Maple Street (Thirteenth Street) in the Morro Del Mar Subdivision No. 2 Recorded October 11, 1926 in Volume 3 Page 81 of Maps of the San Luis Obispo County Recorder bounded by the following described lines: Commencing from the Southwest property corner of Lot 9, Block 25 proceeding S81032'E a distance of 55.00 feet to the true point-Cont'd= In Witness Whereof, said corporation has caused its corporate name and seal to be affixed hereto and this instru- ment to be executed by its President and Secretary thereunto duly authorized. Dated: STATE OF CALIFORNIA By SS. President COUNTY OF On before me, the under- By signed, a Notary Public in and for said State, personally appeared Secretary known to me to be the President, and known to me to be Secretary of the Corporation that executed the within Instrument, known to me to he the person+ 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 (This .rX fa, uM11.1 n.t.ri.l seal) Title Order No. Escrow or Loan MAIL TAX STATEMENTS AS DIRECTED ABOVE RESOLUTION NO. 13-81 RESOLUTION AUTHORIZING FILING APPLICATION FOR FEDERAL AND STATE GRANTS FOR PUBLICLY OWNED WASTEWATER TREATMENT WORKS IN PROVIDING CERTAIN ASSURANCES WHEREAS the City of Morro Bay is the recipient of a Step II Grant from the Environmental Protection Agency and the State of California Department of Water Quality, and WHEREAS that Step II Grant has provided funds for the design of a wastewater treatment plant and wastewater ocean disposal facilities, and WHEREAS the plans and specifications for those projects are nearing completion, and WHEREAS it is necessary for the City to file a Step III Grant application, NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay that the Director of Public Services is hereby authorized and directed to sign and file for and on behalf of the City of Morro Bay and Cayucos Sanitary District, and application for Federal assistance under the Federal Water Pollution Control Act, as amended (33U.S.C.125let seq.) and any agreements or documents necessary to secure and receive a grant under said act and a State Grant under the Clean Water Bond Law of 1970 and/or 1974 for construction of wastewater treatment works. Be it further resolved that the City of Morro Bay hereby agrees and further does authorize the aforementioned representative to certify that if grants for its project are made pursuant to the aforementioned Federal and State statutes, it will comply with all applicable and Federal statuatory and regulatory requirements, in- cluding but not limited to the Assurances contained in the Federal Grant Application and the State Grant Contract, The Freedomt,of Information Act, 5U.S.C.552 as amended relating to the right of the public to obtain information and records, The National Historic Preservation Act of 1966, U.S.C.470et seq., as amended, relating to the preservation of historic landmarks, The Copeland (Anti - Kickback) Act 18.U.S.C.874,40U.S.C.276c and the regulations issued f R, RESOLUTION NO. 13-81 REGULATION AUTHORIZING FILING APPLICATION FOR FEDERAL AND STATE GRANTS FOR PUBLICLY OWNED WASTEWATER TREATMENT WORKS IN PROVIDING CERTAIN ASSURANCES PAGE TWO thereunder, 29CFR 3.let seq., and The Contract Work Hours and Safety Standards Act, 4OU.S.C.327et seq., and the regulations issued thereunder. On the motion made by Councilwoman Ward and `seconded�byCouncilman Anderson the Morro Bay City Council hereby adopts the foregoing proposed resolution in its entirety by the following roll call vote: AYES: Anderson, Deutsch, Lemons, Ward NOES: None ABSENT: Dorn ADOPTED: February 9, 1981 ATTEST: �� .. Qj & PA L BAXTER, City Clerk C.-JOH _ EMONS.,_Mayor Pro 2m CERTIFICATION I do hereby certify that the foregoing is a full, true, and correct copy of a resolution duly and regularly adopted at a meeting of the Morro Bay City Council held on February 9, 1981. pov I i� �JOFI 7E ONS•, May_p n n wl..... PAUL BAXT -,_City Clerk 6 RESOLUTION NO. 12-81 A RESOLUTION TO MODIFY THE TIME TO FILE PETITION WHEREAS, Code of Civil Procedure 1094.6 (g) provides that judicial review of any decision of a local agency by Writ of Mandate must occur within six months. WHEREAS, under Code of Civil Procedure 1094.6 (g) the City Council may adopt a resolution or ordinance limiting the time to file a petition to ninety days. NOW, THEREFORE, BE IT RESOLVED that pursuant to 1094.6 (9), the Council makes the election under 1094.6 (g) and elects to shorten the time to file a petition for Writ of Mandate to ninety days. PASSED AND ADOPTED this 9th day of February 1981 by the following roll call vote: AYES: Anderson, Deutsch, Lemons, Ward NOES: None ABSENT: Dorn ' J , LEMONS.;_Maygr Pro-Tem ATTEST: BONITA KAY MURRAY/Deputy City G erk 1-] RESOLUTION NO. 11-81 RESOLUTION OBJECTING TO PROPOSED ADMINISTRATIVE CHANGES TO THE TRANSPORTATION DEVELOPMENT ACT (SB 325) WHEREAS, the Transportation Development Act has been law since 1971; and WHEREAS, local agencies have greatly benefited from the Transportation Development Act; and WHEREAS, the Transportation Development Act funds are locally generated; and WHEREAS, annually substantial changes have been made by the Secretary of the Business and Transportation Agencies to the Transportation Development Act Rules and Regulations; and WHEREAS, such changes are of little value and do little to insure the legislative intent of the Transportation Development Act; and WHEREAS, 'it appears that the Secretary's duties have switched from that of administrator to law maker with regards to the Transportation Development Act; and WHEREAS, the local agencies are best qualified to determine the unmet transportation needs for their jurisdiction; and WHEREAS, changes to the Transportation Development Act Rules and Regulations regarding transit needs hearings has the greatest effect on the rural agencies; and WHEREAS, the proposed changes will result in more funds being spent on administration and less for actual implementation of transit. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay as follows: 1. That the City of Morro Bay objects to the proposed changes to the Transportation Development Act Rules and Regulations especially those regarding transit needs hearings, and 2. That the Transportation Development Act Rules and Regulations must be simplified, and 3. That the Regional Transportation Planning Agencies be given maximum flexibility in determining unmet transit needs within their respective regions, and 4. That Sacramento limits its transportation planning and implementation efforts to those of Statewide significance, and Resolution No. 11-81 -2- 5. That the regional and local agencies be given maximum control over planning and implementation of their transportation.projects, and 6. That.Sacramento more closely'consider its affects on rural agencies when drafting new 1•egislation and their accompanying rules -and regulations. PASSED AND ADOPTED by the City Council of the City,pf Morro Bay at a meeting of said Council held this 9th day of February , 1981, by the following roll call vote:. • 1 AYES: Anderson, Deutsch, Lemons, Ward NOES: None ABSENT: Dorn JOHNLVMONS, Mayor Pro-Tem ATTEST: BONITA KAY MURRAY/ Deputy i-ty Cl rk ROeEKy J. WILKINS, JR. MAYOR 10 WILLIAM H. STOVER ' MAYOR PRO-TEM taseadeia GEOR08 P. HIGHLAND MARJORIE B. MACKEr INCORPORATED JULY 2, 1D]D ROLFE NELSON ^ ADMINISTRATION BUILDING MURRAY L. WARDEN - CITY MANAGER/CLERK POST OFFICE BOX 747 ' y. ATASCADERO, CALIFORNIA 93422 PHONE (805) 4ee-8000 January 21, 1981 TO: City Administrators/Managers: Tom Butch, Arroyo Grande <, Arnold Dowdy,.%Grover City Paul Baxter, Morro Bay Donald:'Reefer, Paso .Robles \„ 1 Wayne!Hoereth, Pismo'Beach. Leland Walton, San Luis Obispo ` FROM: Murray'Warden, Aiascadero L �I SUBJECT:; Transportation and Development Act (SB3, C6 4te-w -,� z/9 aov"?& CITY ATTORNEY P. O. BOX 749 ATASCADERO. CA 93422 (605) 488-5670 POLICE DEPARTMENT 1805) be e.8600 FIRE DEPARTMENT e005 LEWIS AVENUE - ATASCADERO, CA 93422 �-\�- II.: '(605) 488.2141 JAN i 4 n , w4� Attached• isy a letter and a resolution ifrom the1i County lexpressing their concerns with'proposed admin strative,changes°to';the Transportation and -Development Act This-mattewas discussed at a TTAC meeting 'a couple 'of weeks ago::;, ,I- thought dyj might' be of ' interest to you, ,for, possible action by , the .cities' in endorsing the -County resolution 'preferably'throug]h the League of California;'Cities_, but•,;at,least as,.a concerted:San Luis,rObispo cities action. � !`;,, Please• consider, the,;attached " I=hope that, -,we can/<discuss,'Ithis at one of. our .Lnagers' meetings. `'.;i! i ^� ` -- sincerely; MURRAY L. WARDEN City Manager��s_1 V ,C MLW : ad Encl. _ __: RESOLUTION NO. 10-81 RESOLUTION APPROVING GRANT OF USE PERMIT TO CALIFORNIA CHALLENGE MUSTER ASSOCIATION IN CONJUNCTION WITH MORRO BAY CHAMBER OF COMMERCE THE CITY COUNCIL City of Morro Bay, California The following resolution is hereby proposed: RESOLVED that the document entitled "Use Permit Agreement" between the City of Morro Bay and the California Challenge Muster Association in conjunction with 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. PASSED AND ADOPTED by the City Council meeting of said Council this 9th day of 1981, by the following roll call vote: AYES: Anderson, Deutsch, Lemons, Ward NOES: None ABSENT: Dorn ATTEST: Deputy 6ity er< of the City of Morro Bay at a _February S, ,ayor---Pro- em N 4 u USE PERMIT AGREEMENT The City of Morro Bay, a municipal corporation of the State of California (hereinafter called CITY) hereby grants to the Morro Bay Fire Fighters Muster Committee (hereinafter called PERMITTEE) the right to use, on the terms and conditions hereinafter set forth, that property of the City of Morro Bay, County of San Luis Obispo, State of California, and described as follows: PROPERTY 1. The intersection of Quintana Road and Morro Bay Boulevard to the intersection.of Morro Street and Morro Bay Boulevard between the hours of 9:00 AM and 12:00 noon, Saturday, September 19, 1981. PROPERTY 2. The use of the paved roadway south of 451 Embarcadero to the turn -around circle, starting at 4:00 AM on September 18, 1981 and continuing to 6:00 PM on September 20, 1981 for muster competition. , 1. PERMITTEE may display such exhibits on SAID PROPERTY as PERMITTEE deems necessary for such purposes, provided, however, that all rules, regulations, resolutions, and ordinances of the City of Morro Bay or any department thereof, including by way of illustration but not limitation, fire and safety orders, rules, regulations, or ordinances, shall at all times be complied with. 2. PERMITTEE shall provide personnel to direct traffic during the time the Embarcadero's southerly bound lanes are closed for said use. 3. .- T,_:. shall arrange for removal of all litter, including trash receptacles, generated by activities. 4. PERMITTEE shall secure all necessary licenses or permits as may be required for the selling or disbursement of food and/or beverages. 5. Prior to the expiration of this Use Permit Agreement, PERMITEE shall remove or cause to be removed, all exhibits and other facilities constructed or erected on SAID PROPERTY by PERMITTEE. At the expiration of this Use Permit Agreement, PERMITTEE shall surrender SAID PROPERTY to CITY in as good condition as it was when it was originally received,by PERMITTEE, reasonable wear excepted. • Use Permit Agreement - -2- Morro Bay Fire Fighters Muster Committee 6a. This Use Permit Agreement is granted to PERMITEE upon the express condition that PERMITTEEshall keep and hold CITY free from all liability, expense, and claim for damages by reason of any injury or death to any person or persons, including PERMITTEE, or property of any kind whatsoever and to whomsoever belonging, including PERMITTEE, from any cause or causes whatsoever during the term of this Use Permit Agreement or any extension thereof or any occupancy or use hereunder; PERMITTEE hereby covenanting and agreeing to indemnify and save CITY harmless from all liability, loss, cost,.and obligations on account of or arising out of any such injuries or losses howsoever occurring. 6b. PERMITTEE agrees to take out and keep in force during the life hereof, at PERMITTEE's expense, liability insurance to protect against any liability to any person or persons, including PERMITTEE resulting from any occurrence in or about or incident to SAID PROPERTY and appurtenant areas in the amount of $100,000 to indemnify against the claim of one person, $300,000 against the claim of two or more persons; and $50,000 for property damage. Said policies shall insure the liability of PERMITTEE and the liability contingent or otherwise, of CITY and such other persons, firms, or corporations as may be designated by CITY. If PERMITTEE does not keep such insurance in full force and effect, this Use Permit Agreement may be immediately terminated. PERMITTEE shall provide CITY with copies and certificates of all of said policies including endorsements which state that such insurance shall not be cancelled except after ten (10) days prior written notice to CITY. 6c. 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 Use Permit Agreement - -3- Morro Bay Fire Fighters Muster Committee occurrence of the loss. PERMITTEE hereby waives any right of recovery against CITY for any such claim, expense, or liability. 7. PERMITTEE shall pay all charges for all utilities, including 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. 8. The permit is subject to the stipulation that there will be free and unobstructed access for the public to the boat launching ramp facility at all times during the competition. 9. 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: O.., rD•. r �• CITY, OF. MORRO BAY. JOH MONS, Mayor Pro-Tem RESOLUTION NO. 09-81 RESOLUTION AMENDING THE ADOPTED RULES, REGULATIONS AND FEES FOR THE MOORING OF VESSELS AT !PIERS, DOCKS, AND OFFSHORE MOORINGS WITHIN THE CORPORATE LIMITS OF THE CITY OF MORRO BAY T H E C I T Y C O U N C I L City of Morro Bay, California WHEREAS, the City of Morro Bay has provided certain piers, docks, and offshore mooring areas for the accommodation of vessels in Morro Bay Harbor; and WHEREAS, the City of Morro Bay Municipal Code, Ordinance No. 119 provides that the City Council shall, by resolution, establish rules and regulations and set fees for the mooring of vessels at said piers, docks and offshore mooring areas; and WHEREAS, it is in the public interest to amend such rules and regulations; and WHEREAS, immediate implementation of such amended rules and regulations could cause undue inconvenience to certain vessel owners and operators: NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Morro Bay that the attached "Exhibit A", entitled "Rules, Regulations and Fees for the Mooring of Vessels at Piers, Docks and Offshore Moorings" shall constitute the rules, regulations and dockage fees as amended, said rules, regulations and fees for the mooring of vessels at piers, docks and offshore moorings shall constitute the rules, regula- tions and dockage fees referred to in Ordinance No. 119; and BE IT FURTHER RESOLVED that existing rates shall remain unchanged for such time as provided by existing leases, but that the new rates shall apply at the time of renewal or granting of new leases as pro- vided in the amended provisions of said Rules and Regulations pertain- ing to the location or re -location of mooringcgf>vessels occupying pier, dock, or mooring space as to prevent undue inconvenience or hardship upon anyone affected by said Rules and Regulations; and BE IT FURTHER RESOLVED that the amendment to the Rules and Regulations pertaining to sub -leasing are deemed by the City Council to not be an inconvenience or hardship upon any person currently occupying a City pier, dock, or offshore mooring; and therefore shall become effective upon adoption of this resolution; and BE IT FURTHER RESOLVED that the amended rules, regulations and fees shall remain in effect until such time as they shall be amended by resolution of the City Council of the City of Morro Bay. On motion by Mayor': Pro-Tem:'Lemon's and seconded by :Counci lwomannD'eutsch the Morro Bay City Council hereby adopts the foregoing proposed reso- lution in its entirety on the following roll call vote: AYES: Anderson, Deutsch, Dorn, Lemons, Ward NOES: None ABSENT: None ADOPTED: January 12, 1981 ATTE St., PAUL BAXTER, CiEy Clerk WARREN M. DORN, Mayor "EXHIBIT A" RULES, REGULATIONS AND FEES FOR THE MOORING OF VESSELS AT PIERS, DOCKS, AND OFFSHORE MOORINGS A. DEFINITIONS 1. DELETED (1/81) 2. City Docks - shall mean aP1�,City slips and/or floating docks owned, operated, maintained and under the immediate control of the City for which the City collects or may collect the rent directly from the tenant, sub -lessee, or City -assigned tempor- ary occupant. 3. City Pier - shall mean all City piers which are owned, operated, maintained and under the direct control of the City for which the City collects or may collect the rent directly from the tenant. 4. Offshore Moorings - shall mean those moorings in the designated mooring areas o Morro Bay Harbor. 5. Anchorage Areas - as defined in Section 9406.2, Chapter IV to Title IX of the Morro Bay Municipal Code. 6. Mooring and Anchorage Zones - as defined in Section 9406.2, Chapter IV to Title IX of the Morro Bay Municipal Code. 7. Tenant - shall mean any person (or his authorized representative) wro rents or leases City -owned mooring or docking facilities or who rents or leases from City mooring space or spaces within mooring and anchorage areas A-1 and A-2. B. RULES AND REGULATIONS GENERAL 1. To be admitted and to continue to occupy mooring or docking facilities, a vessel must be registered, identified, marked, equipped, and maintained as required by law and safe practice. 2. When a vessel enters a mooring or docking facility, it immedi- ately comes under the jurisdiction of the City and shall be moored or docked only where ordered. 3. All sub -leasing of City slips shall be conducted in strict conformance with the following guidelines: (a) All sub -leasing will be conducted by the City at the re- quest of the lessees. (1) Sub -lessee shall be chosen from the existing waiting list for City slips in the same order as they would be available for a permanent slip. (2) In the event no person on the waiting list wishes to sub -lease an available slip, that slip will be let out on a first -come, first -serve basis for any class boat. RULES AND REGULATIONS PAGE 2 (3) In the event that a party on the existing waiting list accepts a sub -lease and the sub -lease terminates prior to their obtaining a City lease, that person shall revert to the waiting list in the same order as they were prior to the sub -lease. (b) No slip shall be sub -leased for more than nine (9) months in any calendar year. (1) Any lessee may request an extension of up to an addi- tional nine (9) months of sub -leasing if special cir- cumstances exist. Said request for extension shall be in writing and addressed to the City Council of the City of Morro Bay, and shall fully outline the need for the extension and the length of the requested extension. The City Council shall have the final'deter- mination as to whether or not the extension of sub- leasing time shall be granted. (2) If after the nine (9) month sub -lease period, or any subsequent extensions have expired, the lessee does not occupy the slip, the City shall assign the slip to a new lessee. 4. In order to utilize docking and mooring space to the maximum, the City may rent such spaces on a temporary basis when the primary occupant's space is vacant, and the lessee has not re- quested the City to sub -lease the slip. Fees collected from such rentals shall be retained by the City. Temporary rental fees shall be calculated on the basis of two times the monthly rental rate for such docks. 5. All boats shall be secureW in their berths in a manner accept- able to the City or the City may, after notice to the Tenant, adequately secure the boat and assess a service fee. 6. In the event of severe storm or tidal wave, the Tenant will provide preparation and damage prevention service. The owner or his agent is solely responsible to take all emergency measures possible, and the City does not assume any responsibil- ity for said protection and/or damages to the owner's vessel from storm or tidal wave action. 7. The City assumes no responsibility for the safety of any vessel using City facilities, and will not be liable for fires, theft, or damage of said vessel, its equipment, or any property in or on said vessel, however arising. 8. Tenant expressly and by his use of City facilities agrees to hold City and its officers and employees harmless from any claim he or any of his crew or any of his guests may have against City for damage to the vessel or any other property or for personal injury arising from Tenant's use of such City property. 9. Tenders and skiffs shall be stored onboard larger vessels when possible. They must be kept off the docks. They may be berthed in areas designated by the City. Their identification marks or name are required to be recorded with the City. No dock boxes, steps, etc., can be installed without permission from the City. RULES AND REGULATIONS PAGE THREE 10. The water space between the shore and City docks shall be used primarily for the storage of tender, skiffs, or dinghys used to serve vessels occupying moorings in the noncommercial mooring zones. 11. In accordance with the Morro Bay Municipal Code, the dis- charge or deposit of any refuse and/or waste material in or upon any beach, waters of Morro Bay and the Pacific Ocean, watercourse, waterway, levees, banks, revetments, or break- waters of watercourses of waterways within the City of Morro Bay is prohibited. 12. Vessel owners shall not place supplies, materials, acces- sories, or debris on any walkway, and shall not construct thereon any lockers, chests, cabinets, or similar structures, except with written approval of the City. 13. Laundry shall not be hung on docks or finger piers. 14. No charcoal fires or open fires of any kind will be allowed on any facility designed for the use of berthing, docking of vessels. 15. No sport fishing business shall be allowed to be conducted from slips or berthing facilities to which this agreement applies. 16. For any infraction of these rules and regulations, for which a citation is not issued, the City shall provide written notice to Tenant to correct such infraction. Ten- ant shall correct the infraction within thirty (30) days of the date of written notice. Failure to comply with the written notice shall subject Tenant to cancellation of mooring, berthing, or docking privileges at option of City. Tenant may, at any time during the thirty (30) day:.period, appeal the notice of infraction in writing to the City Administrator and may further appeal in writing any action by the City Administrator to the City Council. Such appeal to Councilmust be filed with the City Clerk within five (5) days after the thirty (30) day notice period has elapsed and the Council shall hear such appeal at the earliest scheduled Council meeting. City's option to cancel mooring, berthing, or docking privileges shall be held in abeyance until a final Council decision has been rendered. C. DELETED (1/81) D. RULES AND REGULATIONS - CITY DOCKS 1. No vessel shall be permitted to rent berthing space at City docks unless the vessel is licensed as a commercial fishing vessel and meets the requirements of a commercial fishing vessel as described in Ordinance No. 179 and Section 15.04.150 of the Morro Bay Municipal Code, unless no vessel meetipq those requirements desires tho available dock space, in which case the space shall be rented to -any classification of boat. 2. Every vessel using City docks shall be in good mechanical and seaworthy condition. RULES AND REGULATIONS PAGE FOUR 3. No Tenant shall assign his berthing space to any other vessel owner. See sub -leasing requirements Section B, Sub -Section 3. E. RULES AND REGULATIONS - CITY PIER 1. It is the intention of the City that the City pier shall be used as a docking facility primarily to serve the needs of transient vessels and for vessels owned and operated by governmental agen- cies in accordance with the following: (a) First Priority: Vessels operated by the City of Morro Bay, the United States Government, and by agencies of the State of California. (b) Second Priority: Commercial fishing vessels as defined by Ordinance No. 179 and Section 15.04.050 of the Morro Bay Municipal Code. (c) Third Priority: Transient vessels, and all other vessels not meeting the requirements of Paragraphs El(a) and (b) of this regulation, as space permits at the discretion of the Director of Public Services, or his delegated repre- sentative. F. RULES AND REGULATIONS - OFFSHORE MOORINGS 1. No owner or operator shall moor his vessel at any offshore moor- ing which is in a mooring zone under the direct control of City without receiving permission of the Director of Public Services and making necessary arrangements for rental payments. 2. After a mooring is assigned to a Tenant and until such time as the assignment is cancelled by City at Tenant's request, the Tenant shall be responsible for payment of rental whether he occupies the mooring or not. 3. Each vessel shall occupy only that mooring to which it has been assigned unless prior permission has been obtained from the City or mooring operator to occupy a different mooring. 4. Each mooring operator shall provide the Director of Public Services with a master list of all vessels occupying moorings within the operator's mooring zone. Such list shall be provid- ed within two (2) weeks of a mooring operator assuming control over the moorings within his mooring zone. The mooring operator shall inform the Director of Public Services of any changes to such list as changes occur and such list shall be kept current. This list shall contain as a minimum the infor- mation specified in paragraph "H" below. 5. It shall be the responsibility of the vessel operator or owner to assure that vessels are secured to mooring in accordance with safe seamanship practices. Mooring lines and tackle shall be maintained in safe and workable condition. The Director of Public Services or the Harbor Patrolmen shall have the authority to board a vessel to inspect all mooring lines and tackle at any time to assure compliance with this requirement. RULES AND REGULATIONS PAGE FIVE G. RENTAL, LEASE AND FEE SCHEDULE la. All rental or lease fees are payable to City in advance. lb. All fees shall be adjusted annually on January 1st of each year in accordance with the change in Consumer's Price Index (all items) for Los Angeles/Long Beach. Base Index shall be that index established.for January 1, 1981. 2a. City Slips - Rental shall be $60.00 per month. 2b. Sub -Leased City Slips - Rental shall be $60.00 per month plus a 10 percent Administrative Fee. 2c. Distribution of the sub -lease fee shall be 60 percent to lessee, 40 percent to City, and the Administrative Fee to the City. 3a. City Pier - Priority One and Two Vessels, as described in Paragraph El, rentals shall be $2.00 per day or $60.00 per month. 3b. City Pier - Priority Three Vessels, as described in Paragraph El, rental shall be $4.00 per day. 4. Offshore Moorings - (a), Rental for mooring space under direct City control shall be twenty-five dollars ($25.00) per month regardless of vessel size.. Mooring rates shall be adjusted annually on January lst of each year in accordance with the change in Consumer's Price Index (all items) for Los Angeles/Long Beach. The Base Index shall be that index as established on January 1, 1981 H. REGISTRATION OF VESSELS UTILIZING MOORING; DOCKING, BERTHING, AND ANCHORAGE FACILITIES 1. Each owner or operator of a vessel utilizing City docking, anchorage, berthing, or mooring facilities shall register.with the Director of Public Services, or his designated igpresentative and shall provide, as a minimum, the following information: (a) Name, registration number and home port of the vessel. (b) If a commercial fishing vessel, the number and.date of issuance of the current commercial fishing license., (c) Name, address and telephone number of a person responsible for the safety of the vessel. (d) The dock, berth, mooring, or anchorage site at which the vessel is located. `(e) If a transient vessel, an estimate as to the duration of intended stay. 2. DELETED (1/81) RESOLUTION NO.08-81 Resolution Adopting a Water Equivalency Program for the Year 1981 The City Council City of Morro Bay, California WHEREAS, Municipal Code Chapter 13.20 Building Limitation, calls for the annual adoption of a Water Equivalency Program in January of each year; and, WHEREAS, the Council has considered the recommendations of the Planning Commission and report of the Planning and Community Development Director; NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Morro Bay that the Water Equivalency Program for 1981 shall consist of the following provisions: 1. Redevelopment of properties with a historic water use shall be permitted on a direct exchange basis; and, permits for construction which does not involve water use be.allowed. 2. The water equivalency scale attached hereto and labeled Exhibit "A", shall be used in 1981. 3. Unused "pipeline" allocations shall be maintained through 1981. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a meeting of said Council held this 2�Ehday of January 1981, by.the following roll call vote: AYES: Anderson, Deutsch, Dorn, Lemons, Ward NOES: None ABSENT: None WARREN M. DORN, Mayor ATTEST: Arthur Paul Baxter , City Clerk CITY COUNCIL �� Page No. RESOLUTION NO. .EXH-I£I.7 VA" Water equivalencies shall be determined on the following scale: Average Average Usage for Usage Equated One Year to Residential Cubic Feet Units Single Family Residence 10,780 1.00 Duplex (Each Unit) 8,454 .78 Apartment Unit 5,782 .54 Motel Unit 6,479 .60 Trailer Park.Unit 4,916 .46 Art Gallery 1,200 .11 Bank 10,000 .93 Barber & Beauty Shop with apartments 26,200 2.43 Bicycle Shop 1,100 .10 Candle Shop 1,800 .17 Car Wash 42,900 3.98 Church 4,200 .39 Day Nursery 21,300 1.98 Dental Office 10,800 1.01 Doctor's'Office D,800 l•27 Drug Store 5,200 .48 Food & Gas Convenience Store 3,700 .34 Garage 2,900 •27 Glass Sales 1,400 .13 H.M.S. Salt Mall 40,500 3.76 Laundromat 236,800 21.97 Marine supply Store 5,600 .52 Office (small) 1,300 .12 Oyster Processor 72,900 6.76 Real Estate Office 2,700 .25 6.48 Restaurant 69,900 Fast Food - No Dishwasher 23,412 2.16 Rest Care Facility 646,400 -96 59. Retail Store (small) 1,600 .15 15 Seafood Processor 247,800 22.99 1.86 Service Station 20,000 `Supermarket 21,000 _ 1.95 0 CIE Sections: Chapter 13.20 BUILDING LIMITAT 13.20.010--13.20.020 13.20.010 Definitions. 13.20.020 Responsibilities of the planning director. 13.20.030 Responsibilities of the planning commission. 13.20.040 Responsibilities of the city council. 13.20.050 Submission of annual report by the planning director. 13.20.060 Water equivalency table. 13.20.070 Allocation of water equivalency units to proposed building projects. 13.20.080 Nontransferability of water equivalency units. 13.20.090 Time limit for using water equivalency units. 13.20.010 Definitions. A. "Water equivalency units" means units of water use equal to the average amount of water used by a single-family residence over the period of API one year. "Water equivalency units" are established to assist the city in regulating the annual addition of new water users to the city's limited water system. Since 1977, one water equivalency unit has been con- sidered as equal to 10,780 cubic feet of water per year. B. "Water equivalency program" means program adopted in January of each year that establishes the total number of water equivalency units to be allocated.for the coming year, and the method of dispersing and administering water equivalency units throughout the year. C. "Water equivalency table" means a table that ranks the average annual water use of different land uses that is used in calculating how many water equivalency units a pro- posed project needs. (Ord 166 Sl(part), 1979). 13.20.020 director. A. The planning director is charged with: 1. Submitting an annual report to the city council and planning commission pursuant to Section 13.20.050; 2. Calculating the water equivalency units required by individual developments for which building permit appli- cations are made; 3. Monitoring the water equivalency program during each year; * Prior ordinance history: Ord. 154. 230-1 (Morro Bav 1/15/80) 13.20.030--13.20.060 4. Periodically updating the basis for a water equivalency unit and the water equivalency table and adjusting them based on significant changes of water con- sumption by land use type. (Ord. 166 §1(part), 1979). 13.20.030 Responsibilities of the planning commission. A. The planning commission is charged with: 1. Reviewing the planning director's annual report and recommending a water equivalency program to the city council; 2. Allocating the water equivalency units estab- lished for the year to projects that have applied for building permits. (Ord. 166 §1(part), 1979). 13.20.040 Res A. In January of e a water equivalency (Ord. 166 §1(part), onsibilities of the city ch year, the city counci program for.that year by 1979). council. shall adopt resolution. 13.20.050 Submission of annual report by the planning director. A. In December of each year, the planning director shall submit a report to the city council and planning commission. This report shall: 1. Evaluate the water equivalency program during the previous year; 2. Review the water equivalency ordinance and suggest improvements to it; 3. Recommend a water equivalency program for the approaching year. B. The planning director shall consider the following factors when developing and recommending a water equivalency program: 1. The historical ratios for building permit categories shown below: (a) Single-family residential 65.07% (b) Duplex -family residential 4.59% (c) Multiple -family residential 26.12% (d) Commercial structures 6.22% 2. Characteristics of water use and building per- mits during the previous year; C. The planning commission shall consider this report and forward it to the city council with its recommendations. The city council shall thereafter hold a public hearing and shall take action to adopt a water equivalency program for the year pursuant to Section 13.20.010. (Ord. 166 §1(part), 1979). 13.20.060 Water equivalency table. A. A water equivalency table shall be developed and incorporated in this chapter by resolution as Exhibit "A." The water 230-2 (Morro Bay 1/15/80) 0 13.20.070--13.20.080 equivalency table shall rank the average annual water use of different land uses and building types relative to that of a single-family dwelling, and shall be expressed in water equivalency units. B. The water equivalency table shall be followed when calculating the water equivalency units needed by individual projects that apply for building permits during the year. ' The average water use per building type shall be peri- odically updated and the water equivalency table shall be adjusted to reflect changes in water use and incorporated in this chapter by resolution. (Ord. 166 §1(part), 1979). 13.20.070 Allocation of water equivalency units to proposed building projects. A. Applications for building permits will be received and reviewed by.the planning department only if there are water equivalency units avail- able for allocation to the proposed building use. B. If water equivalency units are available for the type of building proposed, a completed application for a building permit shall be submitted to the planning depart- ment. The planning department shall determine the number of water equivalency units needed by the proposed project using the water equivalency table, and forward the project to the planning commission. C. The planning commission shall allocate the required water equivalency units'to the proposed project only if it can make the following findings: 1. The project is consistent with city planning regulations; 2. There are enough water equivalency units available to be allocated to the specific type of building for which application has been made; 3. A water equivalency unit allocation to the proposed project is consistent with the water equivalency program adopted for the year. .D. Building permit applications will be reviewed by the planning department and considered for water equivalency allocations on the basis of time and the date of receipt of the completed application by the planning department. (Ord. 166 §1(part), 1979). 13.20.080 Nontransferability of water equivalency units. A. A water equivalency unit shall be awarded only to a specific project in a specific location for which application for a building permit has been made. B. A water equivalency unit that has been allocated to a specific project cannot be transferred to another project, property, or person. (Ord. 166 §1(part), 1979). 230-3 (Morro Bay 1/15/80) �� 13.20.090 13.20.090 Time limit for using water equivalency units. A. If water equivalency units have been awarded to a project by the planning commission, construction must commence within one hundred twenty days after all necessary permits have been granted to the project, and the application for all necessary permits and construction shall proceed with due diligence. B. Extensions of this time limit or reissuance of expired water equivalency units can be granted by the planning commission only if the applicant can prove to the satisfaction of the planning commission that application for all necessary permits and construction were delayed due to extreme hardship. In all cases the water equivalency permit shall expire two years from the date it is issued. .(Ord. 166 §1(part), 1979). 230-4 (Morro Bay 1/15/80) • 13:20.110--13.20.150 J 2. No more than twenty-five percent of the third quarter's permits shall be granted to the applicant during the second successive allocation quarter following the quar- ter in which the intial allocation was made; and 3. Accumulation of these permits is permitted up to a total of three successive quarterly allocations; and 4. The sixty-day building provision of Section 13.20.120 shall become applicable as soon as the total water equivalency permits authorized by this section has been al- located. Except as permitted under the provisions of this sec- tion, no application for water equivalency permits shall be carried over from quarter to quarter. It is the intent of this provision that applications submitted under the cate- gory of commercial and multiple -dwelling application shall be required to establish a new date and time of application receipt at the end of the third quarter with the maximum accumulation permit limited to three successive quarters. (Ord. 154 §4, 1977; Ord. 152 §1(part), 1977). 13.20.110 Wa Water equivalency i.e., a specific ject and, if the p +� fied, the permit preclude hoarding assure that water bona fide building it--Nontransferabili building permits are not transteranie, permit will be issued for a specific pro- roject is not begun within the time speci- will expire'. This provision is intended to or trafficking in permits and is intended to equivalency permits are issued only to projects. (Ord. 152 §1(part), 1977). 13.20.120 Water equivalency permit --Term. Once a project is issued a water equivalency permit, construction must start within sixty days'after all permits have been ' granted, i.e., planning commission, coastal commission, etc and construction must proceed with due diligence. (Ord. 152 51(part), 1977). 13.20.130 Emergency adoption. This chapter is neces- sary under Section 36937 of the Government Code of the State of California, for the immediate preservation of the public peace, health, or safety and shall therefore take effect upon its adoption. (Ord. 152 §1(part), 1977). 13.20.150 Subdivisions. For purposes of apportioning water permits, no permits shall be issued to new subdivisions except that condominium projects shall not be considered as subdivisions as prescribed by Section 13.20.090. For purposes of this chapter, the term "subdivision" does not include the building of apartments or multiple dwellings whether in one or more buildings, provided that the development is consis- tent with the existing zoning and further provided that the overall density for the existing parcel is not increased. (Ord. 154 §5, 1977). 230-5 (Morro Bay 1/15/78) i 6 STAFF REPORT TO: Honorable Mayor and Members of the City Council FROM: Planning and Community Development Director SUBJECT: Annual Report - Water Equivalency Program DATE: January 26, 1981 BACKGROUND: The Morro Bay City Municipal Code in Chapter 13.20, "Building Limitation", provides for the annual report of the Planning Director on the Water Equi- valency Program. The report of the Planning Director is to be reviewed by the Planning Commission who is charged with the responsibility to recommend a Water Equivalency Program to the City Council. In January of each year, the City Council is required to adopt a Water Equivalency Program forthat year. The Program allocates water equivalency units to proposed building projects, providing units are indeed made available for that year. The Annual Report follows... PREVIOUS YEAR PROGRAM: The previous year Water Equivalency Program was established for the fiscal year of 1979/80 by City Council Resolution No. 24-7, adopted flay 29, 1979. Subsequently, the Water Equivalency Ordinance was amended to provide for annual calendar year program adoption. The previous fiscal year program adopted the following provisions: (1) The City Council shall make 68.24 Water Equivalency Units available in 1979/80 to be earmarked for those projects which qualify as being "in the pipeline" -' projects which had made application to the city prior to the December 14, 1977, effective date of the Coastal Commi- ssion's moratorium (see table pipeline projects). (2) Water Equivalency Units earmarked for pipeline projects shall be awarded as needed during 1979/80 and not be subject to the quarterly distribution formula of previous years. (3) The City Council shall set aside 12 Water Equivalency Units in 1979/80, or 3 units per quarter, for those commercial renovations or additions which require additional Water Equivalencies but can "trade off" compensating reductions in water use. (4) The City Council shall set aside a "reserve" of 33 Water Equivalency Units as a backup in case of a partial lift of the Coastal Commission's moratorium. None of these units shall be awarded until any lifting or loosening of the moratoriam occurs. 1 Water equivalency units are expressed in terms of a percentage of an average single family dwelling's yearly water consumption. (i.e., 1.0 units = one s.f.d.) CITY COUNCIL • January 26, 1981 Page Two "PIPELINE" PROJECTS TABLE PROJECT NAME NO. UNITS . USE W.L. fisher 11 M.F. (Condo) 5.9 oastal Rec., Invest. 72 M.F. (Condo) 31.3 Filer 6 M.F. 3.2 aring 2 Duplex .72 Del Mar Park -- City Park 27.0 TOTAL 91 68.24 Action in the previous report year has made equivalencies available to "pipeline projects, but "trade-off" or "reserve" units have not been allocated. WATER EQUIVALENCY ORDINANCE REVIEW: One aspect of the Annual Report is an Ordinance Review suggesting improvements. The following is offered for that purpose. Council action has recently interpreted the Water Equivalency Ordinance (Municipal Code Chapter 13.20) to allow the transfer of ownership of a project while retaining allocated water equivalency units, as long as the project and location remain unchanged. The interpretation concerned Section 13.20.080; Nontransferability of . water equivalency, which states in paragraph B, "A water.equiva ency unit that has been allocated to a specific project cannot be transferred to another project, property, or person." This paragraph could be clarified to exclude transfer of ownership of a project, to be consistent with the Council interpretation. It is noted that at least two commission members took exception to this procedure. Another suggested area of ordinance improvement would be to provide for more than an annual review of the Water Equivalency Program, in those years where no units are initially made available for allocation. This would be accomplished by amending Section 13.20.050, paragraph A, to read as follows: In December of each year, and subsequently in the foZZowing year based on a significant change in the water availability situation,. the Planning Director shall submit a report to the City Council and Planning Commission... RECOMMENDED WATER EQUIVALENCY PROGRAM FOR 1981: Background Contrary to what has been generally assumed in the past, city staff now view the water issue as more appropriately concerning water recovery techniques and programs, pumping, storage and distribution facilities, rather than exclusively'a question of water supply availability. Water recovery techniques have and are continuing to be studied. The type and degree of distribution system improvements needed would vary within each of the city's five water service districts. Study has been made of the distribution system and the Public Services Department will endeavor to update that evaluation in a future report when staffing becomes available. CITY COUNCIL January 26, 1981 Page Three Very closely associated with the provision of domestic water is the treatment of municipal sewage, since 75% of the water supplied to homes and businesses is then conveyed to the city plant for treatment. Present treatment facilities are limited to serving existing development and "pipeline" projects. Plant expansion to accommodate new development is anticipated to be on-line in December of 1983. The Water Quality Control Board's ban on new sewer connections was only lifted to provide for the mentioned pipeline projects. DISCUSSION Clearly the challenge is now before the city to take positive steps toward the provision of Municipal Services. With regard to domestic water service, there are a number of measures that the city may act on to program delivery capabilities with the forthcoming sewer plant expansion. These would include: a) The general direction to the City Administrator and his staff to prepare water system improvement projects to be recommended in the 1981/82 City Budget. b) Direct the investigation of all grant fund sources; and, preparation of grant proposals (i.e. Clean Water Act Grant). c) Council policy commitment to act on the recommendations of the State Department of Water Resources, as they become available from the current study. RECOMMENDATION The Planning Commission,.in their review of the Water Equivalency•Program, has agreed and recommended that: a) Redevelopment of properties with a historic water use be permitted on a direct exchange basis; and, permits for construction which does not involve water use be allowed. b) The water equivalency scale contained in Ordinance 7#152 be used in 1981. c) Unused "pipeline" allocations be maintained through 1981. Further, the Council may want to direct staff to schedule a Public Hearing to consider suggested amendments of Municipal Code Chapter 13.20 (Water Equivalency Ordinance) and other matters related thereto. A draft resolution has been provided for adoption of the 1981 Water Equivalency Program, along with a copy of the related Municipal Code Chapter. it a l/Gr,�a air 595 Harbor Street Morro Bay, California 93442 805/772-2212 January 29, 1981 Mr. Joseph E. Petrillo Executive Officer State Coastal Conservancy 1212 Broadway, Room 514 Oakland, CA 94612 Dear Mr. Petrillo: Enclosed for.your consideration is Morro Bay's Grant Proposal for California Coastal Conservancy Comprehensive Accessways Program (Round III Grant). Also included in this packet is Resolution No. 07-81 and a List of Assurances. . If there is any other information that you may need on this proposal, please don't hesitate to contact our office. Sincerely, Paul Baxter City Administrator PB:bkm Enclosures RESOLUTION NO. 07-81 RESOLUTION AUTHORIZING GRANT APPLICATION FOR STATE COASTAL CONSERVANCY COMPREHENSIVE ACCESSWAYS PROGRAM AND DESIGNATION OF OFFICIAL TO EXECUTE WHEREAS, the State Coastal Conservancy is charged with the responsibility to disburse a portion of funds provided by the passage of Proposition 1, the California Parklands Act of 1980; WHEREAS, these funds are being made available within the Conservancy's Comprehensive Accessways Program (Round III Grant); and, WHEREAS, the City of Morro Bay is eligible to apply for said grant and proposes to carry out a project which is consistant with the Conservancy guidelines and criteria. NOW, THEREFORE BE IT RESOLVED, that the City Council of the City of Morro Bay hereby authorizes grant filing and requests the California Coastal Conservancy to provide funding and coordinative assistance under their authority for the disbursement of California Parklands Act grants, An the amount of $212;000. Such funding assistance is more particularly described.in a project proposal that is Attached hereto and made a part of this Resolution as 'if it were fully set forth herein. BE IT FURTHER RESOLVE7, that'the Mayor df, the City of ,Mor-r9' Bay, be named official representative 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. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a meeting of said Council held this 26th day of January, 1981, by the following roll call vote: AYES: Anderson, Deutsch, Dorn, Lemons, Ward NOES: None ABSENT: None WARREN M. DORN, Mayor ATTEST: n PAUL'B-A'X"TEER; I City Clerk LIST OF ASSURANCES The City of Morro Bay hereby assures and certifies that it will comply with Conservancy regulations, policies, guidelines and requirements as they relate to the acceptance and use of Conservancy funds for this project. Also, the City of Morro Bay gives assurance and certifies with respect to the grant that: 1. It possesses legal authority to apply for the grant, and to finance and construct the proposed facilities; that a Resolution has been duly adopted as an official act of the City Council, authorizing the filing of the application, including all understandings and assurances contained therein, and directing and authorizing the Mayor as the official representative of the City to act in connection with the application and to provide such additional information as maybe required. 2. Sufficient funds will be available when the project is completed to assure the effective operation and maintenance of the facility for the purposes constructed. 3. The City will give the Conservancy, through any authorized representative, access to and the right to examine all records, books, papers, or document related to the grant. 4. It will cause work on the project to be commenced within a reasonable.time after receipt of notification from the Conservancy that funds have been approved and that the project will be pursued to completion with reasonable diligence. 5. The City will not dispose of or.encumber its title or other interests in the site and facilities except as permitted by the Conservancy. 6. The City assures that the project,will not displace people. 7. The City will, where appropriate, comply with the requirements of the California Environmental Quality.Act. 8. The City will comply with all requirements imposed by the Conservancy concerning special provisions of law, and program requirements. (%n Authorized Official: G o v 5;- WARREN M. DORN, Mayor -4ATTEST: (ki�,- aX — X P UL BAER, I, City Clerk GRANT PROPOSAL FOR CALIFORNIA COASTAL CONSERVANCY COMPREHENSIVE ACCESSWAYS PROGRAM (ROUND III GRANT) 9:16111 4so7*Yy ll121(I Acquisition in fee title and development of a.1.27 acre bluff top property as an intregal component of the Tidelands Park in the City of Morro Bay. Project would facilitate roadway alignment and extension for improved coastal access. Project is designed to provide passive recreation and guarantee public view access to the Bay at an important vista point. (See attachment "TIDELANDS PARK", for a description of the total undertaking.) BASIC REQUIREMENTS COMPLIANCE Morro Bay has long been a tourist and visitor destination with particular appeal to day visitors seeking to enjoy the unique vistas offered by the Bay, and to participate in recreational boating via the public boat launch ramp. The project would serve tourist and visitor needs by improving public access to the boat launching ramp and lower level of the Tidelands Park. It would maintain in perpetuity a very important vista point for public use. The Tidelands Park, including the bluff top parcel,•is a featured aspect of the City of Morro Bay's Local Coastal Program Access. Component: The City has submitted the LCP - Land Use Plan for review and believes that it is consistent with -the goals and policies of the California Coastal Act of 1976. The proposed access is assumed to be consistent with Conservancy Standards in that the larger undertaking (Tidelands Park) has been included in a Conservancy sponsored urban waterfront restoration project. There is no known source of funding for this element of the Tidelands Park beyond ,the subject access grant. Funds provided by the Conservancy Round III Grant appear to be ideally tailored to the purpose of this proposal. The City will commit to maintenance of the upper level vista area park (estimated to be $4,500. per year), as well as to arrange funding for extension of the Morro Avenue roadway, providing access to the Tidelands Park. Since the vista area and access road are designed to benefit the public at large, it is properly a subject for Proposition 1 derived funds. The City may be able to encourage private donations for vista park furniture and improvements beyond the minimum level proposed herein. Additional funding sources known to the City will be sought for other aspects of the total undertaking. COMMENTS RELATIVE TO PROJECT - SPECIFIC CRITERIA The project would create an entirely new public vista access area by acquisition of the land in fee title and improvement for passive visual enjoyment. Funds for site acquisition are urgently needed to assist in the resolution of a long standing Tidelands law suit (disputing the location of the mean high tide line), because this dispute is inhibiting park/access improvement. Existing access to the Tidelands Park is by way of the congested Embarcadero roadway, the project would allow access to also be gained by an extension of Morro Avenue. The project will increase public visual access to the Bay and create a unique bluff vantage point for public enjoyment. Upon grant approval, the bluff vista area of the Tidelands Park could be opened for public use with the level of.improvement described herein, within six months to one year. 0 • GRANT PROPOSAL Page Two COST PROJECTION Impiro'vements: MATERIALS LABOR TOTAL C.C.C.1 PRVT.2. 1. Picnic Groups' $ 2,800. $ 2,100. $(4,200) $ 4,900. (2 each 2. Benches (4) 760. 600. (1,140) 600. 3. Clearing and Grubbin (including dumping fees) - 0 - - 0 - 4,100 4,100. 4. Planting (no irrigation system) 2,700. 2,150. (4,300): 2,150. Site Acquisition: Second appraisal (if necessary) 1. California Conservation Corps 2. Private Contractor 3. Based on Conservancy Appraisal: PRELIMINARY TIME TABLE * Property Acquisition - Initiation of acquisition procedures through close of escrow., * Delivery of Park Improvement Equipment and Landscape materials * Site Preparation - Weeding, grubbing, installation of landscaping and set-up of benches and tables Total Time for Vista Level Park Opening: TOTAL GRANT: Months Required: 3 - T Months Required: 2 - 3 Months Required: 1 - 2 6 - 12 months $ 11 ,750. 200,000.3. 250. $ 212,000. GRANT PROPOSAL Page Three OTHER GRANT REQUIREMENTS The City anticipates utilization of California Conservation Corps in bluff vista area site preparation. It is anticipated that use of the Corps will result in a $4,790. savings over the cost of a private contractor. The City finds that the proposed grant application is exempt for purposes of the California Environmental Quality Act, because it is a specific activity within the Local Coastal Program, but the City will provide for environmental assessment of specific implementation actions. The City has submitted its LCP - Land Use Plan to the Coastal Commission for preliminary review, and believes that this project to be in concert with Coastal Act policies as well as a compliment to the spirit of the act. ADDITIONAL SUMMARY CONSIDERATIONS The bluff top property is an integral part of the Tidelands Park program, and that program would lose an important dimension if the property is not incorporated at this time. The bluff property would provide a unique coastal vista access for the general public which would be lost.or severely, -diminished if the property is left to develop by private interests under the present multifamily zoning. The City believes that the property,will, be available.to serve.a broad base of California residents and visitors, far beyond the obligations. of,the City to fund, but the City will pledge to subsidize the vista park maintenance, estimated to be $4,500. per year. While this does not carry the,persuation impact of an initial matching money offer, the_City hopes that.it will demonstrate a'si.gnificant commitment on the part of the City within the limitations of its resources. The Conservancy has made a commitment to an Urban Waterfront Restoration Program in Morro Bay. One of the major components of this program is the Tidelands Park. Efforts to move forward with improvement of .property now under City control is restricted -by the unsettled litigation regarding the location of the mean high tide line and resulting property lines. From settlement negotiations, the City believes that a firm commitment to development of the Tidelands Park (in its entirety) will act as a motivating factor in reaching the settlement. Acquisition of the subject site will remove one property from that litigation. Through close coordination with the Conservancy, grants/loans will be obtained for other elements of the total undertaking. It is anticipated that the complete funding package will contain many sources. MC/nc 2 a V C ANCHOR s m. R IS 0 h C C W 60 t, ARCH a 0 80 UG ALISTER :' ADDN. m Cr i V21 Q LD W A r //G2 BO 5.89°99E. SOUTH 44 ' G7.42 ASUBJECT 1.27 ACRE SITE (also known as the Caratan Parcel) m D N A "i ro _mw J � n D Nr l*1 D C N Op - NORTH 1" = 100' N 70 r7.' ° i; CF'";4. 1`5T. R t -- N BBC 5%'t MARCH t / ST I 7 1 8� 9 10 OLiVI TIDELANDS PARK LOCATION: The southern undeveloped section of the Embarcadero to the Boat Launch Ramp. OWNERSHIP: City of Morro Bay Embarcadero) (Tidelands) (Boat Launch Ramp) (Olive Street Stairs) Private (Bluff top properties) TOPOGRAPHY: The area defined as Tidelands Park [� \ comprises approximately 9 acres. Of this total, about 6.8 acres is a tidelands fill area -- a flat bench about 10 feet above the waters of Morro Bay that is separated from the bay by a continuous rock revetment along its entire 1,700 lineal foot shoreline. The remaining acreage is consumed by a 20 foot high tree -lined coastal bluff that forms a backdrop for the bench below, and a large privately owned bluff top property known as the Caratan parcel. NATURE OF ACCESS: The last large area of the Embarcadero that remains free from the wall-to-wall development that has occurred on its central portions is at its extreme southern end between the Anchor street -end and the Boat Launch Ramp. This area, known as Tidelands Park, is heavily used by trailer boaters who regularly use the Boat Launch Ramp -- an official state anglers access and the only oceanic trailer boat launch facility between Port Hueneme and Monterey. P'uch of the nearly 1,700 lineal feet of the rock -lined waterfront of this area is used by anglers for shoreline fishing, and floating piers for 14 boats have been developed by the'city immediately northwest of the launch ramp. The only access to the Boat Launch Ramp, the Embarcadero roadway extends from its crowded, congested mid -section to the ramp and its parking facilities. Travelling at the base of a heavily treed bluff to its east, the Embarcadero carries the heavy summer traffic of boats, trailers, campers to the ramp, a turn around, or to the expanse of dirt between the road and the revetment that receives a dual use by pedestrians for walking or angling and by vehicles for parking. The concrete Boat Launch Ramp situated as the southern most tip of the Embarcadero receives its heaviest use by recreational boaters in the summer months and at - the outset of fishing seasons. During such times, the area is teening with people struggling with their boats and trailers in their effort to enjoy Morro Bay from the water. In the parking areas adjacent to the ramp, there is a public restroom as well as modest facilities for cleaning. The continuous rock revetment that forms the 1,200 lineal foot western edge of the Tidelands Park waterfront is used regularly for fishing by people who walk down onto the large rocks and drop a line into the relatively deer, water immediately off shore. Deteriorating Olive St. S to i rway. Decavinci Rock Revetment Shoaling Area Dirt Area used fo Random Parking Launch Parkinq Area TIDELANDS PARK: EXISTING CONDITIONS Scale: 1" = 200'-0". Existing City Slips Existing Boat Launch Fish Cleaning Sink Fence Barrier to OLIVE STREET ess C. Privately owned in Tidelands s e, 'Lawsuit isi Tidelands Park Page Two ..—__..._ ._.......__ The bluffs forming the backdrop for the Embarcadero and Boat Launch Ramp are traversed by the Olive Street access, a wood stairway that connects the bluff top terminus of Olive Street with the Embarcadero below. This serves as an access for the residents above as well as for people who park on Morro and Olive Streets above the bluffs and use the stairway for access to the waterfront. LEVEL OF USE: No figures are available on the level of use of this area, but .during the weekends, summer months, and the opening of fishing season, the area is bustling with activity. PARKING: The only improved parking is that immediately associated with the Boat Launch Ramp which now contains 26 extra -long spaces for vehicles with boat trailers attached and 27 formal parking spaces for vehicles only. The large dirt area between the long stretch of the Embarcadero and the revetment is often used for random, uncontrolled parking, and it is extremely difficult to determine how many cars could park in this area in its present condition. On a summer weekend, Tidelands Park is teeming with a tangle of people, boats, trailers, and campers in the firt area to the north of the Boat Launch Ramp parking lot. There is space for approximately 30 to 40 vehicles in this area. An estimate is that the unimproved area imnediately north of the existing Boat Launch parking area serves as an overflow parking area that could accommodate approximately 30 to 40 vehicles or trailers. CONDITIONS: The Tidelands Park area is the last vestige of open space along the Embarcadero, but it is a largely neglected, unimproved area, devoid of most amenities other than those associated with its waterfront location. The continuous rock revetment is crumbling, and the area between the.road and revetment is a bald, dirt flat used for random vehicle parking. The Boat Launch Ramp is a heavily used facilitity that is hsowing signs of wear. The restrooms that serve the facility.are rundown, and the parking available for vehicles with boat trailers is inadequate to meet the demand. While the location of the ramp may be optimum with respect to the bay, it presents a number of problems when landside vehicular circulation and access are considered. The Embarcadero is ill -suited to the task of transporting the many cars, boats and campers that must wind their way through the downtown and the summertime congestion of the Embarcadero to use the ramp. Proposals to open a southern access to the Embarcadero have concentrated on - extending Olive Street directly down the bluff to Embarcadero. This proposal has floundered due to the steepness of the bluff.and the fact that Plain Street would become more heavily travelled, disturbing the residential areas nearby. The Caratan parcel, a privately owned, vacant bluff -top parcel sandwiched between the Embarcadero and Morro Avenue contains a grove of mature Eucalyptus along the edge of the bluffs that provides a canopy for the parcel and brackets pleasant views of the bay, the rock, and the Tidelands park area below. This Tidelands Park .Page Three parcel, comprising over 2 acres, is now fenced along Morro Avenue, restricitng the public's access to and use of this property that was once washed by.the waters of Morro Bay. The.water area along the western edoe of the revetment is of a deoth and configuration ideal for side -tie wharfsides and boat slips. Because the official bay channel is so close, the water area between it and the revetment precludes any other dock configuration other than side tie slips. If this area is developed for slips, and provisions must be made via special platforms, etc. for access by the public and the many anglers who now sit on the revetment of fish. The water to the immediate south of the launch ramp has been proposed for six boat slips. While money set aside for the construction of these slips remains ear -marked in the city budget, it has not been spent due to complications involved with a Tidelands lawsuit and second thoughts as to how these slips may affect the safe use and operation ofthe boat launch ramp. Lateral access to the Rock Park Tract area has been blocked by the erection of fences and no trespassing signs -- the physical evidence of.a Tidelands border dispute between the city and the adjacent upland property owners. COMMENTS: Because it is the last open waterfront area on the Embarcadero and because it is in such close proximity to the heavily developed central section. of the Embarcadero, thoughts of what to do with the Tidelands Park area have ranged widely. The citys current Land Use Element has designated the area for high density residential development. However, with its access problems and with the strong thrust of the Coastal Act that discourages residential development on waterfront properties, such a use would be inappropriate and would conflict with the provisions of the Coastal Act. While development of the area as an extension of the tourist -oriented central Embarcadero has long been thought to be the probable.fate of Tidelands Park, the existing Land Use Element notwithstanding, the commercial fishing interests. have begun to take a serious look at the area as the possible site for expanded boat slips and fishing supportive development. Whatever its ultimate use, the future of the Tidelands park area is complicated by a Tideland's boundary dispute. The entire area at the base of the bluffs has long been the subject of a Tidelands lawsuit disputing the historical location of the original mean high tide line that is being carried by. the upland property owners to the immediate east of the area. The litigants, the city and the state, have long been working to settle the suit, and recent meetings have indicated a willingness on the part of all parties to settle based on a binding commitment to develop the area as a park and precluding the type of waterfront development that has occurred further up the Embarcadero. As a result, a plan has recently been devised by the city to develop the entire area as a linear park, with a number of waterfront improvements to create nOw public access and provide site -tie boat slips. The plan envisions a number of circulation changes that will afford more direct access to the Boat Launch Ramp without further congesting the central Embarcadero, expanded parking facilities for the Boat Launch Ramp, and extensive landscaping and deck improvements. In April, 1980, the city applied for grants from the State Coastal Conservancy to implement the waterfront portions of this plan which is now pending consider- ation by the Conservancy. Tidelands Park Page Four While the plan is in need of some refinements, the basic concepts of closing the Embarcadero below Anchor Street, extending Morro Avenue down the bluffs as the primary vehicular access to the Boat Launch Ramp, acquiring the Caratan parcel, providing side -tie fishing slips, and improving the area with paths, boardwalks, decks, fishing platforms, extensive landscaping and expanded parking -- particularly for vehicles with trailers -- should remain in tact. Extending Morro Avenue down the bluff at a more gentle angle and closing Olive Street would be the most appropriate connection to the Boat Launch Ramp. By closing the Embarcadero at the northern end of the park and opening Morro Avenue, congestion further up the Embarcadero could be alleviated. The bluff top Caratan parcel is owned by the same person who has the large vacant holdings on the other side of Morro Avenue, and its acquisition should be pursued. Parking improvements should be ample to accommodate double the number of spaces now set aside for trailer parking. Improvements should provide for a total of 100 regular parking spaces, 50 extra -long spaces, and additional spaces that would be required to serve boats using the future slips. Spoils from the minimal dredging that may be required along the western water- front could be used to form landscaping mounds along the linear park. Also, the barriers, to free lateral access south of the Boat Launch Ramp should be removed as a part of any settlement of the Tidelands dispute. To conclude, the City should continue to energetically pursue grants to improve the park in an effort to settle the Tidelands litigation, provide.much-needed boat slips, and maintain the last, undeveloped area of the Embarcadero as quality open space with provisions for maximum shoreline access. 6 MEMORANDUM DATE: January 26, 1981 TO: Honorable Mayor and Members of the City Council FROM: Planning and Community Development Director via City Administrator SUBJECT: Authorization for Coastal Conservancy Grant Applicant BACKGROUND It has very recently come to the attention of Staff that the City would be eligible to apply for Coastal Conservancy Round III Grant monies made available by Proposition 1, for partial implementation of the Tidelands Park concept. More specifically, the proposed grant application (attached) concerns acquisition and improvement for the 1.27 acre bluff level portion of the park, known as the Caratan Parcel. The grant submittal package contains a breakdown of the funding request; and, you will also note that it commits the City to park maintenance. One man/day per week is projected for an ongoing park maintenance program, which would result in a first year cost to the City of $4,500. The total grant funding being requested is $212,000.; no City matching funds are proposed. Submittal deadline for applications is January 31, 1981. RECOMMENDATION Adopt draft resolution authorizing filing and naming the Mayor as the.City Official designated to execute all agreements. Murrel Crump MC/nc RESOLUTION NO. 06-81 RESOLUTION AUTHORIZING TEMPORARY INVESTMENT OF CITY FUNDS WHEREAS, the City has cash available from time to time which is in excess of immediate requirements; and WHEREAS, it is in the interest of the City to invest these funds temporarily in order to earn interest; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay that: 1. The City Treasurer is authorized to invest and redeem investments of City monies in checking accounts, passbook savings accounts, time certificates of deposit, repurchase agreements, the Local Agency Investment Fund, and such other investments as allowed by law; and 2. The City's policy is to maximize interest earnings within the constraints of safe and prudent cash management; and 3. Staff is directed to prepare an ordinance delegating the authority to the City Treasurer to invest city funds in accordance with this policy. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof held this 26th day of January, 1981; by the following roll call vote: AYES: Anderson, Deutsch, Dorn, Lemons, Ward NOES: None ABSENT: None, WARREN M. DORN, Mayor ATTEST: BONI�Y MURUY , Deputy, City'Clerk 0 6 RESOLUTION 05-81 RESOLUTION ESTABLISHING INSURANCE RESERVE FUND AND AMENDING ADOPTED BUDGET ACCORDINGLY WHEREAS, the adopted budget for 1980-81 contained estimated amounts for insurance costs allocated to each subprogram; and WHEREAS, it is in the interest of the City to develop a Citywide reserve to cover actual insurance claims which arise; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay that an Internal Service Type Fund to be known as the "Insurance Reserve Fund" is hereby established to account for actual costs of insurance for the City and to.charge these costs to the operating departments on an estimated basis, and the adopted budget for 1980-81 is amended and appropriations made as detailed below: INSURANCE RESERVE FUND Estimated Revenue Billings to operating departments $233,318 Appropriations Insurance Costs $233,318 PASSED AND ADOPTED by the City Council of the City of Morro Bay at a. regular meeting thereof held this 26th day of January, 1981, by the following roll call vote: AYES: Anderson, Deutsch, Dorn, Lemons, Ward NOES: None ABSENT: None WARREN M. DORN, Mayor ATTEST: 4--.o4BNIKAY MURRAY, Deputy pity Clerk RESOLUTION NO. 04-81' RESOLUTION AUTHORIZING INVESTMENT OF CITY MONIES.IN LOCAL AGENCY INVESTMENT FUND WHEREAS, pursuant to Chapter 730 of the Statues of 1976 Section 16429.1 was added to the California Government Code to create a Local.Agency Investment Fund in the State Treasury for the deposit of money of a local agency for purposes of investment by the State Treasurer; and WHEREAS, the City Council does hereby find that the deposit and withdrawal of money in the Local Agency Investment Fund in accordance with the provisions of Section 16429.1 of the Government Code for the purposes of investment as stated therein as in the best interests of the City of Morro Bay; NOW, THEREFORE,'BE.IT RESOLVED that the City Council: does hereby authorize the deposit and withdrawal of City monies in the Local Agency Investment Fund in the State Treasury in accordance with the provisions of Section 16429.1 of the Government Code for the,purpose of investment as stated therein. BE IT FURTHER RESOLVED that the following City officers or their successors in office shall be authorized to order the deposit or withdrawal of monies in the Local Agency -Investment Fund: Warren M. Dorn, Mayor; John Lemons, Mayor Pro-Tem; Paul Baxter, City Clerk; Gere W. Sibbach, City Treasurer. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof held this 26th day of January, 1981, by the following roll call vote: AYES: Anderson, Deutsch, Dorn, Lemons, Ward NOES: None ABSENT: None WARREN M. DORN, Mayor, ATTEST: RESOLUTION NO. 03-81 RESOLUTION AUTHORIZING EXECUTION OF A NO -FEE LEASE AGREEMENT BETWEEN THE CITY OF MORRO BAY AND THE STATE OF CALIFORNIA STATE LANDS COMMISSION WHEREAS, the City of Morro Bay has a need to construct a wastewater discharge line across tide- and submerged -lands control- ed by the State of California, State Lands Commission, and WHEREAS the State Lands Commission has required that the City of Morro Bay enter into a no -fee lease agreement with the State Lands Commission, and WHEREAS there is no other alternate routes available for the construction of this line, NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay that the Mayor be authorized to execute the attached lease agreement. On motion made by Mayor Warren Dorn seconded by Councilwoman Herminia Ward , the Morro Bay City Council hereby adopts the foregoing proposed resolution in its entirety on the following roll call vote: AYES: Anderson, Deutsch, Dorn, Lemons, Ward NOES: None ABSENT: None ADOPTED:January 26, 1981 ATTEST: WARREN M. DORN, Mayor PAUL BAXTER, Ci y Clbrk RESOLUTION NO. 02-81 RESOLUTION AUTHORIZING APPROVAL OF AN AGREEMENT BETWEEN THE CITY OF MORRO BAY AND THE STATE OF CALIFORNIA DEPARTMENT OF PARKS AND RECREATION FOR THE PURPOSE OF GRANT OF EASEMENT FOR CONSTRUCTION OF A WASTEWATER DISCHARGE OUTFALL LINE ACROSS ATASCADERO BEACH STATE PARK WHEREAS, the City of Morro Bay has a need to construct a wastewater treatment discharge outfall line across a portion of Atascadero Beach State Park, and WHEREAS the Department of Parks and Recreation has required that the City enter into an agreement and pay a fee of $500 for a grant of easement for that purpose, and WHEREAS the City has determined through a private appraiser that the fee of $500 is just and reasonable, and WHEREAS no other alternate route exists, NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay that the Mayor be authorized to enter into the attached agreement with the Department of Parks and Recreation of the State of California for the grant of easement for construction of the wastewater treatment plant disposal outfall. On the motion made by Mayor Dorn and seconded by Councilwoman Ward the Morro Bay City Council hereby adopts the foregoing proposed resolution in its entirety on the following roll call vote: AYES: Anderson, Deutsch, Dorn, Lemons, Ward NOES: None ABSENT: None ADOPTED: January 26, 1981 ATTEST: Pau"(/ (Z)CA44-e� PAUL BAXTER, City Clerk WARREN M. DORN, Mayor 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 I COURT PAPER STATE OF CALIFORNIA 5TD. 113 4REV. E-731 DE. Recording Requested By: State of California -Official Business Document Entitled to Free Recordation Pursuant to Govt. Code Sec. 6103 Not Subject to California Documentary Stamp Act When Recorded Mail To: City of Morro Bay Public Works Department 695 Harbor Street Morro Bay, CA 93442 Space above for Recorder's Use AGREEMENT AND GRANT OF EASEMENT THIS AGREEMENT, made and entered into this 26th day of January , 1981 , by and between the STATE OF CALIFORNIA, acting through the Department of Parks and Recreation, hereinafter called "STATE", and the City of Morro Bay and Cayucos Sanitary District, hereinafter called "GRANTEE"; WITNESSETH: That STATE, pursuant to the provisions of Section 5012 of the Public Resources Code, does hereby grant unto GRANTEE an easement for the (construction, reconstruction, repair, replacement, operation, and maintenance of an underground sanitary sewer ocean outfall pipeline over, under, and across that portion of the "Speedway" within Atascadero State Beach, in the City of Morro Bay, County of San Luis Obispo, State of California, as shown on JDPR 280A (9/66) -1- • i 1 2 3 4 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 COURT PAPER S!ATt O. Gw1I OI..V 1A STD, 113 IRC/. 0-721 o.. a map of "Atascadero Beach" recorded July 21, 1917, in Book 2 of Maps, Page 15, in the office of the County Recorder of said county, more particularly described as follows: Beginning at a monument at the intersection of the centerlines of 66th Street and "C" Street, also known as point "Atascadero", located at state coordinates X=1,147,472.74 and Y=696,238.17; thence S.82052147"W., along the westerly prolongation of the centerline of 66th Street, a distance of 604.03 feet to the true point of beginning of the parcel to be described; thence continuing S.82052'47"W., 70.71 feet; thence N.52007113"W., 164.42 feet to a point on the mean high tide line, January 1961, as shown on a record of survey map filed for record November 16, 1961, in Book 11 Records of Survey, Page 117,. San Luis Obispo County records; thence N.4056'20"E., along said mean high tide line, 59.58 feet; thence S.52007113"E., 246.82 feet to the true point of beginning. Together with a temporary pipeline construction easement over and across the following described property: That portion of the "Speedway" within Atascadero State Beach, in the City of Morro Bay, County of San Luis Obispo, State of California, as shown on a map of "Atascadero Beach" recorded July 21, 1917, in Book 2 of Maps, Page 15, in the office of the County Recorder of said county, more particularly described as follows: Beginning at a monument at the intersection of the centerlines of 66 Street and "C" Street, also known as point "Atascadero", located at state coordinates X=1,147,472.74 and Y=696,238.17; thence S.82052'47"W., along the westerly prolongation of the centerline of 66th Street, a distance of 674.74 feet to the true point of beginning of the parcel to be described; thence continuing S.82052'47"W., 122.26 feet to a point on the mean high tide line, January 1961, said point being designated "Station i" on a record of survey map filed for record November 16, 1961, in Book 11 Records of Survey, Page 117, San Luis Obispo County records; thence N.4028159"W., along said mean high tide line, 112.55 feet to "Station 2" on said record of survey; thence N.4056120"E., along said mean high tide line, 3.92 feet; thence S.52007113"E., 164.42 feet to the true point of beginning. DPR 280A (9/66) -2_ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 211 22 23 24 25 26 27 Right to use said temporary construction easement shall terminate upon completion of the herein construction or upon two (2) months after the date of approval of this agreement by the State of California, Department of Parks and Recreation, whichever occurs first. This grant is made and accepted upon the following terms and conditions: 1. This grant is subject to all valid and existing contracts, leases, licenses, encumbrances, and claims of title which may affect .said property and the use of the word "grant" herein shall not be construed as a covenant against the existence of any .thereof. 2. GRANTEE hereby waives all claims and recourse against the STATE for loss or damage to persons or property arising from, growing out of, or in any way connected with or incident to this agreement. GRANTEE agrees to, indemnify, save harmless, and defend the STATE, its officers, agents, and employees against any and all claims, demands, or causes of action that may be brought against the STATE, its officers, agents, and employees arising out of or in any way connected with or incident to the use or occupancy of said premises by the GRANTEE or the exercise by GRANTEE of the rights or privileges herein granted. 3. STATE expressly reserves the right to the use of said property in any manner, provided such use does not unreasonably interfere with the use of the easement herein granted. COURT PAPER as+ri o� uuroeuu DPR 280A (9/66) -3- o.. 1 4. STATE expressly reserves the right ,to require GRANTEE, at the expense 2 of STATE, to remove and relocate all improvements placed by GRANTEE within the 3 easement upon determination by STATE that said improvements interfere with the 4 future development of STATE's property. GRANTEE agrees that within one 5 hundred eighty (180) days after written notice from STATE of such determination 6 by STATE and demand for removal and relocation of said improvements, GRANTEE 7 shall remove and relocate said improvements to a feasible location on the 8 property of the STATE, and STATE shall furnish GRANTEE with a good and 9 sufficient similar easement for said improvements in such new location, and 10 GRANTEE thereupon shall reconvey to STATE the easement herein granted. 11 12 5. This agreement and the rights and privileges herein given GRANTEE 13 shall terminate in the event that GRANTEE shall fail for a continuous period 14 of one (1) year to utilize the rights and privileges herein granted. 15 16 6, In the event of the termination of this agreement, GRANTEE shall, at 17 GRANTEE's own expense, when requested in writing to do so by STATE, remove all 18i property and equipment placed by or for GRANTEE, upon the said premises and 19 restore said premises as nearly as possible to the same state and condition 20 they were in prior to the entry of GRANTEE upon said premises; but if GRANTEE 21 shall fail so to do within sixty (60) days after the aforesaid request is 22 given, STATE may do so, all at the cost and expense of GRANTEE to be paid by 23 GRANTEE on demand. 24 25 Upon termination of the rights herein granted, GRANTEE shall execute 26 and deliver to STATE within thirty (30) days, a good and sufficient quitclaim 27deed to the rights arising hereunder. COURT PAPER STATt O1 CJ-IIOP..A STD. 113 .WE V. 8.72, This agreement shall not, nor shall any interest therein or thereunder, be assigned, mortgaged, hypothecated, or transferred by GRANTEE whether voluntarily or involuntarily or by operation of law, nor shall GRANTEE let or sublet, or grant any licenses or permits with respect to the use and occupancy of the said premises or any portion thereof, without the written consent of STATE being first had and obtained. GRANTEE is further given the right of reasonable ingress to and egress from the easement hereby granted, provided, however, that existing roads and trails shall be utilized for such purpose whenever reasonably possible and further provided that if such road or trail is not available, GRANTEE shall secure the consent of the STATE as to the route or routes to be followed for the purpose of such ingress and egress. Such right of ingress and egress shall at all times be exercised in a manner which will cause the least damage to the property of the STATE. Upon completion of any work to be performed by GRANTEE on said easement, GRANTEE shall restore the surface of the easement to a condition satisfactory to the STATE. GRANTEE, in the exercise of the rights herein granted, shall at all times comply with all applicable lads and lawful regulations, including such rules and regulations for the State Park System now in effect or hereafter GRANTEE shall submit plans and specifications for said sanitary sewer ocean outfall pipeline to STATE for review and approval. Approval in writing C?URT PAPER must be received by GRANTEE prior to exercising any rights herein granted. STAY[ 0. ......... ST D. 113 •AfV. f�T21 ' ,,, DPR 280A (9/66) -5- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21i 23 24 25I 26� 271 COURT PAPER 1-nTl oI GL V OPn I. 5"J. 113 �n Ev. B.13 ov 12. During the period of construction herein authorized, GRANTEE shall provide and maintain: (1) adequate signing near all excavations within Atascadero State Beach warning the public of dangerous conditions and (2) sufficient and adequate barricades adjacent to open trenching. 13. Upon the completion of the herein construction, GRANTEE shall return all sand dunes and vegetation disturbed by said construction to a condition and in a manner satisfactory to the Regional Director of the State Department of Parks and Recreation or his authorized representative. IN WITNESS WHEREOF, the parties have executed this instrument upon the date first hereinabove appearing. CITY OF MORRO BAY UCOS SANITARY DISTRICT M I-6566D (PERI�-6902C) DPR 280A (9766) STATE OF CALIFORNIA DEPARTMENT OF PARKS AND RECREATION PETE DANGERMOND, JR., DIRECTOR TA Date 1� M RESOLUTION NO. 01-81 RESOLUTION RETURNING RESPONSIBILITY TO THE DIVISION OF HOUSING OF THE DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT FOR THE ENFORCEMENT OF THE MOBILE HOME PARK ACT AND RELATED ADMINISTRATIVE REGULATIONS T H E C I T Y C O U N C I L City of Morro Bay, California WHEREAS, it has been determined to be in the best interest of the City of Morro Bay that the City return responsibility to the Division of Housing of the State Department of Housing and Community Development for the enforcement of the Health and Safety Code, Division 13, Part 2.1 and related administrative regulations (The Mobile Home Park Act) within the City. NOW, THEREFORE, IT IS HEREBY RESOLVED as follows: 1. The City of. Morro Bay hereby returns the responsibility to ,the Division of Housing of the State Department of Housing and Community Development for the enforcement of the Health and Safety Code, Division 13, Part 2.1 and related administrative regulations (The Mobile Home Park Act) within the City of Morro Bay. 2. The effective date of enforcement by the Division of Housing of the State Department of Housing and Community Development shall be February 13, 1981. I3. The City Clerk is hereby directed to forward two certified copies of this resolution to the Division of Housing of the State Department of Housing and Community Development not less than thirty (30) days prior to the effective date of reassumption of enforcement prescribed in Paragraph 2 hereof. On motion by Councilman John Lemons and seconded by Councilwoman Ward , the City Council of the City of Morro Bay hereby adopts in its entirety the foregoing resolution on the following roll call vote: AYES: Anderson, Deutsch, Dorn, Lemons, Ward NOES: None ABSENT: None ATTEST: PIJ 6ai�'A-- PAUL BAXTER, City Clerk JUH�AEMURS,',Mayor Pro-Tem