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Resolution 01-83 to 141-83
NO, TITLE DATE ADOPTED 01-83 A Resolution of the City Council of the 1-10-83 City of Morro Bay Establishing Water and Sewer Capital Improvement Reserve Funds 02-83 A Resolution of the City Council of the 1-10-83 City of Morro Bay Stating its intent to Establish a Coastal Development Permit Program Pursuant to California Public Resources Code Section 30600.5(b) 03-83 A Resolution of the City Council of the 1-10-83 City of Morro Bay Requesting Grant Funds from the California Coastal Commission for Preparing'Post-Certication Permit Procedures and Related Materials 04-83 A Resolution of the City Council of the 1-10-83 City of Morro Bay Supporting a Congressional Resolution Regarding Natural Gas Prices 05-83 A Resolution of the City Council of the 1-10-83 City of Morro Bay to Cal Trans, Requesting Placement of a Stoplight at the intersection of Highway 1 and Yerba Buena 06-83 A Resolution of the City Council of the 1-10-83 City of Morro Bay Urging the State Legislature to Make Local Revenue Deficiencies the highest Priority in the next session 07-83 A Resolution of the City Council of the 1-10-83 City of Morro Bay supporting Public Employees Appreciation Day 08-83 A Resolution of the City Council of the 1-10-83 City of Morro Bay Approving Task Order No. 2 For Step 3 Office Engineering Services with the Firm of Brown and Caldwell for Construction of the improvements to the M.B./Cayucos WWTP 09-83 A Resolution of the City Council of the 1-10-83 City of Morro Bay Approving Assignment of Lease Sites 50 and 50W From Arthur R. Fry to A.D. Construction (Reg Whibley & Ed Strasser) 10-83 A Resolution of the City Council of the 1-10-83 City of Morro Bay Approving a Proposed Amendment to the General Plan LUE and to the Coastal LUP Changing the designation.of certain areas north of Beach Street from Service Commercial to Medium Density Residential NO. TITLE DATE ADOPTED 11-83 A Resolution of the City Council of the 1-10-83 City of Morro Bay Designating Paul Baxter, City Administrator for the City of Morro Bay, as Project Manager and Grantee Reviewer for the EPA Clean Water Grant for the Improvement to the Morro Bay/Cayucos Wastewater Treatment Facilities 12-83 A Resolution of the City Council of the City of 1-10-83 Morro Bay Appointing Byron W. Anderson As City Engineer „ 13-83 A Resolution of the City Council of the City of 1-10-83 Morro Bay Commending the Retirement of Adrian Charles. Smith from Service to P.G.&.E 14-83 A Resolution of the City Council of the City of 1-24-83 Morro Bay Commending Bruce Elster for his service to theCity of Morro Bay as a.Planning Commissioner 15-83 A Resolution of the City Council of the City of . 1-24-83 Morro Bay Commending June Cunningham for her service to the City of Morro Bay as a Planning Commissioner 16-83 A Resolution of the City Council of the City of 1-24-83 Morro Bay commending Ardis Schroeder for her service to the City of Morro Bay (Refuse Franchise Board) 17-83 A Resolution of the City Council of the City of 1-24-83 Morro Bay commending Ron Myers for his service to to the City of Morro Bay (Refuse Franchise Board) 18-83 A Resolution of.the City Council of the City of Morro Bay approving the Establishment of EMT II Service Rates, for San Luis Ambulance Service, Inc. 2-14-83 19-83 A Resolution of the City Council of the City of Morro Bay adopting a yearly rental agreement for the rental of mooring spaces in the designated mooring areas within the harbor of the City of Morro Bay 2-14-83 20-83 A Resolution of.the City Council of the City of Morro Bay approving and accepting the Department of Water Resources Final Water Management Plan 2-14-83 21-83 A Resolution of the City Council of theCity of Morro Bay authorizing the City Administrator to sign Transportation Development Plan (TDP) documents 2-14-83 22-83 A Resolution of the City Council of the City of Morro Bay awarding Bid No. PW 83-5 for Water Pipe 2-14-83 73-83 A Resolution of the City Council of the City of Morro Bay establishing an Adjusted Mandatory Residential Refuse Collection Rate 1-24-83* * out of sequence 0 NO. TITLE DATE ADOPTED 24-83 A Resolution 6f'the'City Council of the 2-28-83 City of Morro Bay Authorizing Application to Obtain Federal Financial Assistance under the Disaster Relief Act 25-83 A Resolution of the City Council of the City 2-28-83 of Morro Bay opposing licensing,, fuel loading, or operation of the Diablo Canyon.Nuclear'Power Plant 26-83 A Resolution of the City Council of the City 2-28-83 of Morro Bay accepting Deeds from Private Property Owners regarding Morro Bay Tidelands; a Stipulation to Judgement; Judgement; Escrow Instructions; and Quitclaim Deeds from the City of M.B. to Private Property Owners regarding M.B. Tidelands Boundary Line 27-83 A Resolution Adopting the Scenic Highways Element 2-28-83 of the General Plan,. and Deleting Certain outdated discretionary elements described as the Civic Center Element, the Public Services and Facilities Element and the Transportation Element, including the Harbor Plan (a portion of the Trans. Element.) 28-83 A Resolution of the City Council of the.City of 2-28-83 Morro Bay announcing findings and approving a conditional use permit for minor alterations to the existing structures located on Lease Site 18 and 18W (78, 78W) (Case No. 01- 83) 29-83 A Resolution of the City Council of the City of 2-28-83 Morro Bay amending the General Plan Land Use Element to change the Land Use designations for certain properties as described in Exhibit "A" attached hereto 30-83 A Resolution of the City Council of the City of 2-28-83 Morro Bay authorizing the City to submit a Community Development Block Grant to the State Department of Housing and Community Development for a Senior Center Construction Project 31-83 A Resolution of the City Council of the City of 2-28-83 Morro Bay awarding contract for the construction of Project No. PW-83-55 for Storm Drains 32-83 A Resolution of the City Council of the City of 2-28-83 Morro Bay recinding Resolution No. 15-75 and Establishing a Policy for Travel and related expenses incurred on official business 33-83 A Resolution of the City Council of the City of 2-28-83 Morro Bay establishing Travel subsistence rates while on official business for the City of M.B. NO. TITLE DATE 34-83 A Resolution Revising the Personnel 3-14-83 Rules and Regulations of the City of Morro Bay and Rescinding Resolution Nos. 29-65, 59-65, 33-70, 69-70 and 58-76 35-83 A Resolution Requesting Extended Comment 3/14/83 Period for Lease Sale 73 36-83 A Resolution awarding Contract for the 3/14/83 Construction of Project No. PW-83-69 to reconstruct Sanitary Lift.Station No. 2 37-83 A Resolution Authorizing a procedure for 3/14/83 destruction of Police records 38-83 A Resolution Authorizing the City to enter 3/14/83 into an Agreement for Emergency Preparedness with the County of SLO 39-83 A Resolution commending Peggy Lipe for her 3/14/83 service to the City (for Refuse Board) 40-83 A Resolution requesting the Federal Gov't 3/14/83 to take certain actions relative to proposed New Federalism legislation 41-83 A Resolution approving the City's State 3/28/83 Transit Assistance Claim for Fiscal Year 1982-83 42-83 A Resolution awarding contract for'the design and inspection of welded steel water tank 3/28/83 43-83 A Resolution awarding contract for the construction of project NO. PW 83-76 - Kern Ave. Sewer Project 3/28/83 44-83 A Resolution Commending Steve MacElvaine 3/28/83 his service to the City of Morro Bay 45-83 A Resolution approving a Cooperative process for determining project priorities 4/11/83 for Federal Aid Urban Funding 46-83 A Resolution requesting the State Department 4/11/83 of Transportation on Federal Highway Admin. to approved Federal Aid Urban Project for the City of Morro Bay 47-83 A Resolution approving Tract Map 729 - Golden Tee Villas 4/11/83 4 4 NUMBER TITLE DATE APPROV 48=83 A Resolution declaring weeds a nuisance 4-25-83 and a fire hazard and authorizing public works department to proceed with abatement 49-83 A Resolution appointing Gayle "Nick" 4-25-83 Nichols as City Engineer 50-83 A Resolution designating Gayle "Nick" 4-25-83 Nichols as Grantee Reviewer and Project Manager for the EPA Clean Water Grant: (WWTP Construction Project) 51-83 A Resolution to increase fines and to set 4-25-83 penalties for violations of the traffic and vehicles ordinance (Chapter 10.36) 52-83 A Resolution awarding bid no. PW83-108 for 4-25-83 a garden tractor 53-83 A Resolution announcing findings and 4-25-83 approving an amendment to a C.U.P. (06-83) allowing conversion of existing retail space to additional restaurant space Lease Site 65 and 66 54-83 A Resolution announcing findings and 4-25-83 approving a C.U.P. for public park improvements in the.CZ Zone (Chess Board) 55-83 A Resolution authorizing the installation of 4-25-83 Yield signs on Driftwood and Marina at Shasta 56-83 A Resolution opposing the.State of 'Calif. 4-25-•83 Department of General Services Draft EIR regarding reactivation of the West,Facility California Mens Colony 57-83 A Resolution awarding the contract for -the 5=9-83 construction of Project No. 83-104 for Water Line 58-83 A Resolution Revising Rental Fees for City 5-9=83 Boat Docks 59-83 A Resolution Establishing A Recreational 5-9-83 Boat Slip Waiting List 60-83 A Resolution Allowing for Removal of an Individuals name from commercial slip .5-9-83 waiting list and refund of deposit 61-83 A Resolution to award Bid No. PW83-126 for .5-9-83 weed abatement NUMBER TITLE DATE APPROVED 62-83 A Resolution awarding contract for WWTP Construction Improvements to Dillingham Contr. for $7,792,000 63-83 A Resolution accepting deeds from private property owners regarding Morro Bay Tidelands 64-83 A Resolution approving a stipulation to judgement, judgement, and escrow instructions regarding M.B. Tidelands 65-83 ;Si'EI�3 67-83 Wr A Resolution awarding Bid No. PW83-133 for portable sewage pump to Gierlich- Mitchell for $10,176.00 A Resolution declaring intent to vacate a portion of Torro Drive A Resolution approving an agreement between the City and Kamiens A Resolution accepting a quitclaim deed to a portion of Torro Drive 5-23-83 5--23-83 5-23-83 5-23-83 5-23-83 5-23-83 5-23-83 A Resolution commending Marion C. Houston 5-23-83 City Clerk of Pismo Beach upon her retirement 70-83 A Resolution approving Assignment of 5-23-83 Lease Sites 122., 123, 122W and 123W. from Leage's.to Harbor.Hut, Inc_. 71-83 A Resolution approving Assignment of 5-23-83 Lease Site Ext. 122W and 123W 72-83 A Resolution amended Master Fee Schedule 6-13-83 to add fee for CUP for video arcades 73-83 A Resolution vacating a portion of Torro 6-13-83 Drive pursuant to Streets and Highways Code 8320 et seq. 74-83 A Resolution requesting the Public Employees Retirement System to extend the 6-13-83 funding period for current service and! death benefits actuarial liabilities for the City of MB ' 75-83 A Resolution approving the application for 6-13-83 1980 State Grant Monies project develop. of parks within the City of M.B. i 6 NUMBER TITLE . .... DATE.AP.P.ROVED 76-83 A Resolution Updating the Master Fee 6-13-83 Resolution (business.license, etc..) 77-83 A Resolution adopting changes in wording 6-13-83 of the Water Advisory Committee By -Laws. 78-83 A Resolution in support of relicensing of hydroelectric projects to PG&E 6-27-83 79-83 A Resolution modifying ambulance service rates within City of Morro Bay. 6-27-83 80-83 A Resolution denying appeal by Texaco to Planning Comm. conditional approval of Tentative Tract 1124 .6-27-83 81-83 A Resolution requesting Channel Coast Div. of LOCC support for Amendments. to Public Contracts Code Sections 20160, 20161, 20162, V_ p 20167 or Labor Code 1771 6-27-83 NT'CaLM (bjui 4r_-T 6--)7-83 82-83 A Resolution approving a Conditional Use Permit for CUP 17-83, to allow a video arcade at 710 Quintana 7-11-83 83-83 A Resolution establishing user rates and related fees and deposits for water and sewer services 7-11-83 84-83 A Resolution relating to the classification compensation, and terms of employment of 7-11-83 non -management police employees 85-83 A Resolution accepting certain property from Robert.Ashurst (Well Site 10-A) 7-11-83 86-83 A Resolution extending Task Order No. 2 of Step 3 Office Engineering Services for Brown and Caldwell 7-11-83 87-83 A Resolution approving a conditional use permit for CUP 14783,.for public piers and related improvements in the CZ zone 7-11-83 88-83 A Resolution amending Master Fee Resolution 7-25-83 to include fees for lease changes 89-83 A Resolution commending Pat Nagano for his 7-25-83 service on Water Advisory Board 90-83 A Resolution commending Lee Schutlz for his 7-25-83 service on Water Advisory Board i .0 NUMBER TITLE DATE ADOPTED 91-83 A Resolution approving Assignment of 7-25-83 Lease 110W, 111W, 111.5W and 112W from Ogle, Leage and Estate of Ruse to Great American Fish Co. 92-83 A Resolution approving 2-year contract 7-25-83 with Morro Bay Misc. Employees Assoc. 93-83 A Resolution approving 2-year contract 7-25-83 with Morro Bay Confidential Employees 94-83 A Resolution confirming the report of 7-25-83 City staff regarding weed and rubbish abatement procedure and making assessments 951-83 A Resolution establishing rental rates 8-8-83 for moorings rented with_tackle_included 96-83 A Resolution approving disability retire- 8-8-83 ment for fire captain.Fred Oakes. 97-83 A Resolution relating to the classification 8-8-83 compensation and terms of employment of management employees 98-83 A Resolution relating to the classification,8-8-83 compensation and terms of employment of middle management employees 99-83 A Resolution relating to the classification 8-8-83 compensation and terms of employement of fire fighter employees 100-83 A Resolution in response to the Final EIR 8-8-83 for OCS Lease Sale 73 101-83 A Resolution rejecting all bids for �.8-8-83 PW 83 214 C for water main replacement project.fittings 102-83 A Resolution awarding bid No. PW 83 214B 8-8-83 for Water Main Replacement fittings 103-83 A Resolution awarding bid No. PW 83 214A 8-8-83 for Water Main Replacement Fittings 104-83 A Resolution adopting a budget and making 8-8-83 appropriations for FY 1983-84 105-83 A Resolution approving the City's State 8-22-83 Transit Assistance Claim for 1983-84 NUMBER TITLE DATE ADOPTED 106-83 A Resolution approving the City's SB-325 8-22-83 Claim for Fiscal Year 1983-84 107-83 A Resolution announcing findings and approving a conditional Use Permit for the 8-22-83 repair of public boat launch ramp and the installation of related facilities (Case No. CUP 22-83) 108-83 A Resolution announcing findings and approving a conditional use permit for new 8-22-83 softball field and related facilities (Case No. 24-83) 109-83 Resolution appropriating encumbrances at June 30, 1983 for FY 1983-84 9f12-83 11.0-83 Resolution determining Urban Limits, Functional Classification of Roads, and Designating Certain Roads to be in the Federal Aid System 9-12-83 111-83 Resolution approving Tract Map 951 9-12-83 Sea Harbor Villas 112-83 Resolution to award bid No. PW83-84 for maintenance overlay asphalt to Kaiser Sand 9-12-83 and Gravel Co. of SLO 113-83 Resolution honoring Cuesta College upon 9-12-83 their 20th Anniversary 114-83 Resolution approving award of City Custodial 9-12-83 contract to Coastal.Carpet Cleaners 115-83 Resolution requesting California Coastal 9-12-83 Commission to -exclude single family residences in certain geographic areas from coastal development,permit requirements 116-83 Resolution announcing findings and approving 9-12-83 an amendment to the Coastal LUP 117-83 Resolution of intention to approve an amendment 9-12-83 to contract between the Board of Administration of PERS and City Council 118-83 Resolution requesting Nuclear Regulatory Commission to 9-26-83 Consider testimony regarding Diablo Nuclear Power Plant Given at October 24, 1983, hearings in SLO 119-83 Resolution adopting the Transportation Development Plan 9-26-83 120-83 Resolution expressing support of Cal Trans Landscaping 9-26-83 proposal for Highway 1 NUMBER TITLE DATE ADOPTED 121-83 A Resolution Accepting Certain Property 10-10-83 from the Cayucos Sanitary District 122-83 A Resolution Establishing a Time Limit 10-10-83 for Free Anchorage Area in Morro Bay 123-83 A Resolution Rejecting Offer of Dedication 10-10-83 for Parcel Map MB 79-278 124-83 A Resolution Commending Gere Sibbach 10-10-83. for his service to the City 125-83 A Resolution commending Gerald Mendez 10-24-83 for his service to the City . 126-83 A Resolution approving Sublease on 10-24-83 portion of Lease Site.78-81W, Myers to Gold Nugget Seafoods 127-83 A Resolution announcing findings and 10-24-83 approving an amendment..to a conditional use permit to allow a video game arcade (condition regarding emergency exit door) 128-83 A Resolution authorizing the installation 10-24-83 of stop signs on Morro at Harbor 129-83 A Resolution approving grant anticipation 10-24-83 notes for construction of WWTP 130-83 A Resolution awarding Bid No. PW-83-305 11-14-83 for Sewer Vacuum Cleaner Machine 131-83 A Resolution declaring certain city 11-14-83 property as surplus (1973 Hydro -Truck) 132-83 A Resolution Commending Mike Wolski for 11-14-83 his services as Assoc. Civil Engineer 133-83 A Resolution Allocating Harbor Fund 11-14-83 Surplus for FY 82-83 134-83 A Resolution announcing findings and 11-14-83 Declaring dock and appurtenances to be a nuisance - 601 Embarcadero 135-83 A Resolution appointing Louise Burt as 11-28-83 City Treasurer 136-83 A Resolution amending custodial services 11-28-83 contract with Advanced Cleaning Systems is NUMBER TITLE DATE ADOPTED 137-83 A Resolution adopting a Water 11-28-83 Equivalency Program and Operating Procedures for 1984 138-83 A Resolution approving the Zoning 12-12-83 Ordinance and Zoning Map Phase of the LCP 139-83 A Resolution to the County Board 12-12-83 . of Supervisors requesting change in consolidated election date to November 1984. 140-83 A Resolution amending Res. 83-83 12-12-83 regarding water and sewer avail. charge rate structure 141-83 A Resolution accepting an easement 12-12-83 for the purpose of constructing a storm drain pipeline at WWTP CITY OF MORRO BAY RESOLUTION NO. 141-83 RESOLUTION OF THE CITY OF MORRO BAY ACCEPTING AN EASEMENT FOR THE PURPOSE OFCONSTRUCTING A STORM DRAIN PIPELINE AT THE MORRO BAY-CAYUCOS WASTEWATER TREATMENT PLANT WHEREAS, the City of Morro Bay owns a 60% interest in the Morro Bay-Cayucos Wastewater Treatment Plant; and WHEREAS, the City of Morro Bay has been authorized to act on behalf of the Cayucos Sanitary District -in matters regarding the improvement, operation, and maintenance of said treatment plant; and WHEREAS, it is necessary for the completion of the on -going improvements to said treatment plant to construct a 24" storm drain pipeline across private property owned by the Pacific Gas and Electrict Company; and WHEREAS, the Pacific Gas & Electric Company has agreed to provide an easement for the installation of said pipeline; NOW THEREFORE BE IT RESOLVED that a 60% interest in said easement is hereby accepted and the City of Morro Bay consents to recordation of said easement. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held on the 12th day of December , 198 3, by the following ro-1 call vote: AYES: RISLEY, ZEUSCHNER, SHELTON NOES: NONE ABSENT: ANDERSON, LEMONS. Mayor ATT T: City Clerk 3010-9191 Morro Bay Steam Plant 10 83 1 AFTER RECORDING, RETURN TO: EASEMENT FOR RECORDER'S USE ONLY PACIFIC GAS AND ELECTRIC COMPANY, a California corporation, hereinafter called first party, hereby grants to MORRO BAY-CAYUCOS SANITARY DISTRICT, a public body of the State of 'California, hereinafter called second party, the right to excavate for, install, replace, remove, maintain, and use an underground storm drain pipe line not to exceed 24 inches in diameter and appurtenances thereto for conveying drainage water within the strip of land, situate in the County of San Luis Obispo, State of California, described as follows: (SBE 135-40-9B-01; 135-40-9C-01; 135-40-5D-02) 1. A strip of land of the uniform width of 15 feet lying contiguous to and easterly of the center line of C Street, as said C Street is shown on the map of Atascadero Beach filed for record in Book 2 of Maps at page 15, San Luis Obispo County Records, and extending from the northerly boundary line of Block 28E, as said Block 28E is shown on said map, southerly approximately 650 feet to the center line of Little Morro Creek. First party also grants to second party the temporary right to use as a working area, during the initial installation of said pipe line, the strip of land described as follows: 2. A strip of land of the uniform width of 15 feet lying contiguous to and easterly of the easterly boundary line of the strip of land herein - before described and designated 1 and extending from the northerly boundary line of said Block 28E southerly approximately 650 feet to the center line;of said Little Morro Creek. - 1- Second party s"hall not perform any work hereunder without giving first party at least forty-eight (48) hours' notice of second party's desire so to do in order that a representative of first party may be present for the inspection and approval of such work; said notice shall be given to Pacific Gas and Electric Company, P.O. Box 670, Morro Bay, California 93442, Attention: Power Plant Superintendent, Telephone: (805) 772-2741. Second party shall install, replace, maintain and use said drainage facilities so as not to endanger, or interfere with the operation of, any of first party's facilities located on or adjacent to the hereinbefore described strip of land and all trenches and excavations made on said strip of land shall be backfilled and compacted to 90 percent of maximum density. Second party's use of said strip of land shall be at second party's sole risk and expense. Second party shall indemnify first party, its officers, agents and employees against all loss, damage, expense and liability resulting from injury to or death of persons, including, but not limited to, employees of first party or second party, or injury to property, including, but not limited to, property of first party or second party arising out of or in any way connected with the exercise of the rights herein granted including any loss, damage, expense or liability proximately caused or contributed to by the negligence, whether active or passive, of first party, excepting only such loss, damage, expense or liability as may be:caused by the sole negligence or willful misconduct of first party. Second party acknowledges first party's title in and to said strip of land and priority of first party's title therein and agrees never to assail or resist said title. in the event first party's use of said strip of land shall necessitat@ a rearrangement, relocation, reconstruction or removal of said pipe line, second party shall effect such rearrangement, relocation, reconstruction or removal at second parry's sole cost and expense. 2- The foregoing grant is made subject to all liens and encumbrances which may affect said strip of land and the word "grant" as used herein shall not be deemed to be a covenant against the existence of any thereof. The provisions hereof shall inure to the benefit. of and bind the successors and assigns of the respective parties hereto. IN WITNESS WHEREOF the parties hereto haves executed these presents this oZ 1&.- day of &-7c:o j�.ur , 19 & . First Party: PACIFIC !G7ASNDLECTRIC COMPANY J_. }Glar}dger, Lang Department Attested Secre,, Second Party: MORRO BAY-CAYUCOS SANITARY ✓i Coast Valleys L.D.9157 % S.B.E. 135-40-9B, PcL 1 135-40-9C, Pcl. 1 1 c 135-40-51), Pei. 2 T.29 S., R.10 E., M.D.B.& M. Sec.25 NW4 } AF: 2229-10-0087 2229-10-0098 2229-10-0037 83-218 It Prepared BPP - 3- .1c0l;,0111ion) Rev. 1183 STATE OF CALIFORNIA Count), of ...... S -]..Fr.a.ncisco ss. 0i; this ..... 24.th . .... day of ...... in the year 19. . . .... before me Luci le ,j Alotar.1, Publirfor the State of Callyorma......... Mullen personally appeared ... ....... W. Page .......................................................... ersonalli, known tome (or Provedto ................ .................. Manitger me on the basis ofsalisfac, Land Department o,ry evidence to be the personN who executed the wihininstrumentas .......................................................................................... .., or on beha#-of .... Pacific Gas and Electrc Company I Official Seal ....................................................................... acorporalion, nd,,knowledgedju me that the corporation executed 1pursu, n1joits kv-laws or a resolution of its board of directors. 7 OFFICIAL L SEAL F FFICIAL SEAL Lucille Mull E2 Mullen c,7" -,, NOTARY PUBLIC - CALIFORNIA C CITY L 0 N R� CITY COUNTY OF SAN FR,1;CISCO 0 Commission J ;-1Y Commission Expires Jan. 23,1987 E Ma .... Notary Public jot ............. * ...... * ......... the State Of C41ifornia 61 jo AVP 841 1110 lulujo J11110 junoo U1 (S)a2ud IB SpJ100all 1810WO J0 Koog mOlaq saaud *8aSsajPPu 01 WuQ tunjai puv s aql ul uluP 2u[PJ008J 81alduicia aq, Ijasul asuald nog 111m . dpaPJ03aJ uaaq say luawnciop sm jaljV -11HUIIOZ—H�Hxj�,Naoo 03, naafqnS RESOLUTION NO. 140-83 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY AMENDING.RESOLUTION NO. 83-83 REGARDING USER RATES AND RELATED FEES AND DEPOSITS FOR WATER AND SEWER SERVICES THE CITY COUNCIL City of Morro Bay, California WHEREAS, the City Council of the City of Morro Bay did adopt Resolution No. 74-77 establishing water and sewer availability charges and rate structure; and WHEREAS, the City Council of the City of Morro Bay did adopt Resolution No. 83-83, amending the user rates and related fees and deposits for water and sewer services as set in Resolution No. 74-77; and WHEREAS, it was the policy determination of the City Council at that time to amend the water and sewer availability charges to $1,500.00 per unit based on the rate structure set out in Resolution No. 74-77 as follows: Water Sewer Single family dwelling $1,500 $1,500 Duplex (per. unit) 1,500 1,500 Apartments (per unit) 1,500 1,500 Condominiums. (per unit) 1,500 1,500 Motels .(per unit) 1,500 1,500 Mobile Home Parks (per space) 1,500 1,500 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay as follows: 1. That the water and sewer availability charges as amended by Resolution No. 83-83, be charged in accordance with the rate structure as set out in Resolution No. 74-77. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held thereof on the 12th day of December, 1983, by the following roll.call vote: AYES: RISLEY', ZEUSCHNER, SHELTON NOES: NONE ABSENT: ANDERSON, LEMONS R. SHELTON ,MAYOR ATTEST: PE( QTV '[7CHANAN.,_ DEPUTY CITY CLERK a RESOLUTION NO. 139-83 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY REQUESTING THE BOARD OF SUPERVISORS, OF THE COUNTY OF SAN LUIS OBISPO, TO CONSOLIDATE A GENERAL MUNICIPAL ELECTION OF THE CITY OF MORRO BAY WITH THE STATEWIDE DIRECT ELECTION TO BE HELD ON NOVEMBER 6, 1984, PURSUANT TO SECTION 23302 OF THE ELECTIONS CODE THE CITY COUNCIL City of Morro Bay, California WHEREAS, the Morro Bay City Council will hold a general municipal election in the City of Morro Bay on November 6, 1984, for the purpose of the election of two members of the City Council and the Mayor; and WHEREAS, it is desirable that said general municipal election be consolidated with the Statewide Direct General Election to be held on the same date and that within the City of Morro Bay the precincts, pollings places and election officers,of the two elections be the same, and that the San Luis Obispo County Clerk canvass the returns of the general municipal. election and that said Statewide General Election and general municipal election be held in all respects as if there were only one election; NOW, THEREFORE, BE IT RESOLVED BY THE MORRO BAY CITY COUNCIL, AS FOLLOWS: SECTION 1. That pursuant to the requirements of Section 23302 of the Elections Code, the San Luis Obispo County Board of Supervisors be and is hereby requested to consent and agree to the consolidation of a general municipal election with the Statewide General Election on Tuesday, November 6, 1984, for the purpose of the election of two members of the City Council and the Mayor. SECTION 2. The County Clerk is hereby authorized to canvass the returns of said general municipal election which it is hereby requested to consolidate with said Statewide General Election and said election shall be held in all respects as if there were only one election, and.only one form of ballot shall be used. SECTION 3. Said Board of Supervisors is hereby requested to issue in—' structions to the County Clerk to take any and all steps necessary for the holding of said consolidated election. . SECTION 4. The City of Morro Bay recognizes that additional costs will be incurred by the County by reason of this consolidation and agrees to reimburse the County for any such costs. SECTION'S. That the City Clerk of the City of Morro Bay is hereby directed to file a certified copy of this Resolution with the San Luis Obispo County Clerk. 'Resolution No. 139-83• Page Two u PASSED AND ADOPTED by the City Council Bay at a regular meeting held thereof on the 1983, by the following roll call vote: of the City of Morro 12th day of December, AYES: RISLEY, ZEUSCHNER,'SHELTON NOES: NONE ABSENT: ANDERSON, LEMONS E R. SRELTON, MAYOR ATTEST: PEG% �i'AN, DEPUTY CITY CLERK • RESOLUTION NO. 138-83 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY APPROVING THE ZONING ORDINANCE AND ZONING MAP PHASE OF THE CITY'S LOCAL COASTAL PROGRAM FOR SUBMITTAL TO THE CALIFORNIA COASTAL COMMISSION THE CITY COUNCIL City of Morro. Bay, California WHEREAS, the City of Morro Bay has been preparing a Local Coastal Program (LCP) pursuant to the California Coastal Act, Division 20 of the California Public Resources Code; and WHEREAS, said Coastal Act allows cities to submit their LCP's to the California Coastal Commission in two parts; namely: 1) Coastal Land Use Plan (LUP) and 2) the zoning ordinance and zoning map intended to implement the LUP; and WHEREAS, the first of these parts of the Morro Bay LCP, the Coastal Land Use Plan, was certified by the California Coastal Commission in October, 1983; and WHEREAS, the City has now completed the second part of the LCP, the zoning ordinances and zonine map; and WHEREAS, the City Council did hold a duly noticed public hearing on the subject zoning ordinances and zoning map on November 28, 1983, which was continued to December 12, 1983. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay as follows: 1. That the City Council hereby certifies that the zoning ordinances and zoning district map as directed by this action and as shown on Exhibits A and B, respectively, which are incorporated herein by this reference, are intended to be carried out in a manner fully in conformity with the California Coastal Act; and 2. That the City Council further finds that said zoning ordinances and zoning district map conform with and are adequate to carry out the provisions of the certified Coastal Land Use Plan; and 3. That the City Council hereby approves said zoning ordinances and zoning district map for submittal to the California Coastal Commission for certification. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held December.12, 1983, by the following vote: AYES: Risley, Zeuschner, Shelton NOES: None ABSENT: Anderson, Lemons E RSHELMAYblt AT T: PEGV648YCRANAN, DEPUTY. CITY. CLERK 0 RESOLUTION NO. 137-83 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY ADOPTING A WATER EQUIVALENCY AWARD PROGRAM AND OPERATING PROCEDURES FOR CALENDAR YEAR 1984 THE CITY COUNCIL City of Morro Bay, California WHEREAS, Chapter 13.20 of the Morro Bay Municipal Code calls for the City Council adoption.of a yearly Water Equivalency Program based on the report.of the Planning_Director and recommendation of the Planning Commission; and. WHEREAS, the Planning Commission met to consider the report of the Planning Director at a regular meeting held on the 7th day of November, 1983, and did recommend to the City Council a Water Equivalency Program for calendar year 1984; and WHEREAS, in.addition to the provisions of the Municipal Code and administrative procedures contained in the Water Equivalency Program, the Planning Commission did deem it necessary to recommend Operating Procedures to provide guidance for the day :to day imple- mentation and administration of the program; and WHEREAS, the City Council did on the 28th day of November, 1983, hold a duly noticed Public Hearing to consider the report of the Planning,Director and recommendation of the Planning Commission; NOW, THEREFORE, BE IT RESOLVED, that a Water Equivalency Program and Operating Procedures for calendar year 1984, as contained in exhibits labeled A and B,_incorporated herein by this reference, are hereby adopted in accordance with the report of -the Planning Director and recommendation of the Planning Commission,.with any amendments so directed by the City Council at the meeting held on.the 28th day of November, 1983. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held thereof on the 28th day of November, 1983, by the following roll call vote: AYES: Anderson, Lemons, Risley, Zeuschner NOES: None ABSENT: Shelton BUD ZEUSCHNER, MAYOR PRO TEM ATTEST: ` _ PEG Y , UCHANAN,,DEPUTY CITY CLERK EXHIBIT "A" WATER EQUIVALENCY PROGRAM FOR CALENDAR YEAR 1984 I. MUNICIPAL CODE PROVISIONS The following subjects'shall be addressed as provided by Municipal Code Chapter 13.20, (or as otherwise stated): •Allocation of Equivalencies (Section 13.20.070) -Building Permit Acceptance. -Determination of water equivalencies required for a project. -Planning Commission Allocation and Findings. -Consideration of building permits based on time and date of receipt. Y Nontransferability of Water- Equ-i-valencies _(-Section 13.20-.080) -Award to specific project and location. Nontransferability to, another project, property or person. Time Limit for Equivalency Use (Section 13.20.090) -Contemplated amendment.providing for 180 days (paragraph "A"). -Extensions of time pursuant -current Paragraph "B". V Submission of Report by Planning Director -During Program year as circumstances change, pursuant to contemplated amendment. II 1984 PROGRAM COMPONENTS A. Number of Equivalencies to be awarded: Calendar year -- 91 units. Per Quarter -- 22.75 units Percentage Distribution, pursuant to authorize model. B. Equivalency Scale: Average use.figures as contained in the attached scale. C. Unused "Pipeline" Allocations: Maintenance of unused equivalencies throughout the program period. 1 (0 D. 'Redevelopment of Properties and Construction Not Requiring New Water Use: • Continuation of practice to allow properties with a historic water use to redevelop not exceeding that use level. • Provision for construction which does not involve new or expanded water use. E. Operating (Administrative) Procedures Procedures for the day to day administration of the Water Equivalency Program shall be as adopted in accompanying documents. The operating procedures shall contain a description of application acceptance and processing, the schedule for water awards by the Planning Commission, operating definitions, and priorities for residential development. These prcedures may be amended from time to time during the course of the program year by Planning Commission recommendation to the City Council. 2 EXHIBIT "A" Water Equivalencies shall be determined on the following scale: Average Average Usage for Usage One Year Equated to Cubic Feet Residential Units Single Family Residence 10,780 1.00 Duplex (Each Unit) 8,454 .78 Multifamily Condominium 6,899 .64 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 Baiber & 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 13,800 1.27 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 Restaurant 69,900 6.48 Fast Food - No Dishwasher 23,412 2.16 Rest Care Facility 646,400 59.96 Retail Store (small) 1,600 .15 Seafood Processor 247,800 22.99 Service Station 20,000 1.86 Supermarket 21,000 1.95 3 (4 (4 OPERATING PROCEDURES FOR 1984 WATER EQUIVALENCY PROGRAM I. PURPOSE EXHIBIT "B" In addition to the provisions of Municipal Code Chapter 13.20, the authorized Water Allocation Model and the 1984 Water Equivalency Program, the following operating procedures are adopted to clarify definitions, --further explain priority ranking, and establish procedures for the day to day administration of the Water Equivalency Program. II. APPLICATION ACCEPTANCE/PROCESSING The City has a full year of experience administering the water allocation model, and therefore, it is only necessary to reiterate the practices of the -.past --year with minor refinements, __as.follows: • Building Permit applciations will be received on a daily basis. e The list of Building Permits taken to the Planning Commission for consideration of equivalency awards will have a cut-off date of two -weeks prior to the scheduled meeting to allow for completion of plan -checking and preparation of a Staff Report. Applications received after the cut-off date will be listed in the next quarter round of awards. *For the first three quarters of the year applications will be organized by land use category for reporting to the Planning Commission (i.e., Residential, Commercial, Indus- trial) and further,'subgrouped by priority subjects (such as all owner/building/occupant single family dwelling, all motel developments, etc., etc.). • The Special Fourth Quarter ranks applications by Coastal Act priorities, as follows: 1. Commercial Fishing. 2. Coastal Dependent Land Uses. 3. Coastal Related Land Uses. 4. Essential Public Services and Basic Industries. 5. Public Recreation. 6. Commercial Recreation. 7. Visitor Serving Land Uses. 8. Commercial Land Uses. 9. Industrial Land Uses. 4 10. Residential Land Uses. Further, any application having received a partial equivalency award in the prior two or more quarters shall be taken off the list at the fourth quarter. This provision is to avoid one project collecting equivalencies through many.quarters to the exclusion of of other projects filed subsequently. Applications for the first award quarter of the following year. - Thereafter, the time and date of filing shall be deemed: to be that cut-off date. • Since the "Authorized Water Recovery Allocation Model" allows unallocated water to be redistributed among the land use categories in the following quarter, rather than remaining exclusively in one category, there is not a definitive limit as to how many total equivalencies may be granted to any one use (i.e., residential). Therefore, the program shall be monitored from year to year based on the total number of equivalencies for allocation. Permit application will continue to be received until it is apparent that top priority uses will consume all availaible equivalencies, based on the annual report of the Planning, Director and as adopted in the yearly program. o Application for new water use will be required whenever an existing facility is measurably expanded or when new site uses are added which require water. eThe scale of average water use will only be used to project water demand by new proposed development. III. SCHEDULE FOR QUARTER AWARDS Based on the quarterly award system, with the allocation being made at the beginning of the quarter, the following dates are to be used for the 1984 program: 1st Quarter -- Planning Commission meeting of January 3, 1984. Cut-off for permits, December 6, 1983 (Due to holidays). 2nd Quarter -- Planning Commission meeting of April 2, 1984. Cut-off for permits, March 16, 1984. 3rd Quarter -- Planning Commission meeting of July 2, 1984. Cut-off for permits, June 15, 1984. .• IV. CLARIFICATION OF OPERATING DEFINITIONS • A. Residential: The residential land use category has a priority for "Low/Moderate Income", development. The operating definition shall be based on the current "San Luis Obispo Housing Authority Eligibility Requirements" being used at the time of application. The present schedule is as follows: SAN LUIS OBISPO HOUSING AUTHORITY ELIGIBILITY -REQUIREMENTS. Number of Moderate to - Persons Lower Income* Very Low Income 1 13,250 8,300 2 15,150 9,500 3 17,050 10,650 4 18,950 _- 11,850 5 20,150 12,800 6 21,350 13,750 7 22,500- 14,700 8 23,700 15,650 *These figures are based on County estimated income statistics and are subject to change. Furthermore, for a project to be considered under this definition it must have resale controls which guarantee that it remain available for Low/Moderate Income groups. B. Commercial: The Commercial land use category has subgroup priorities for Visitor Accommodations and Visitor Housing. The operating definition for "Lower Cost" accommodations in the 1984 period, shall be an amount less than $40.00* per night for two persons/ one bed. Assurances would need to be made to the satisfaction of the City, that the rate for a period of five years would be.maintained not to exceed this amount (as may be adjusted for inflation). "General Rate" would be defined as accommodations that exceeded this amount, or for which no guarantee of future rate structure is provided. N *Based on 1982 information from Motel Association adjusted upward by a factor of approximately 5%. The subgroup priority of "Lower Cost" Visitor Services, reflects the objectives of Coastal Act implementation to allow coastal access and enjoyment by persons and families with modest incomes. The differentiation between "Lower "Cost" and "General Rate" will be based on a comparison with like services. If the distinction cannot easily be ascertained by the Planning and Community Development Director, he shall refer the matter to the Planning Commission. The Commission shall then consider all testimony and render its opinion. V. CLARIFICATION OF RESIDENTIAL PRIORITIES For ease of daily reference the Residential land use category is arranged below in descending subgroup priorities: I. Multi -family Density, Low/Moderate Income II.. Single-family Density, Low/Moderate Income III. Market Rate/Higher Income A. Single-family 1. Owner/Builder/Occupant (minimum one year) 2. Speculative Built (for resale) B. Multi -family 1. Owner/Builder/Occupant (does not include units for rent or resale) 2. Speculative Built Within each of the subgroups above, priority among subgroup applications shall be as follows: 16 I. Infill areas; development of vacant existing lots within existing developed areas of the City. II. Contiguous developments; development of vacant areas within existing developed areas of the City. (Includes subdivision of contiguous areas post December, 1977.) III. Other developments; those developments not qualifying under priority I or II. 7 RESOLUTION NO. 136-83 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY AMENDING CITY CUSTODIAL SERVICES CONTRACT WITH ADVANCED CLEANING SYSTEMS THE CITY COUNCIL City of Morro Bay, California WHEREAS, the City.of Morro Bay has requested and received bids for Custodial Services; and . WHEREAS, the lowest responsible bid was submitted by Advanced Cleaning Systems of Morro Bay in the amount of $2,150.00 per month and a contract was entered into with Advanced Cleaning Systems on September'16, 1983; and WHEREAS, revisions and amendment to the existing contract are required in the additional amoung of $1,280.00 annually; NOW, THEREFORE, BE IT RESOLVED by.the City Council of the City of Morro Bay that the attached revisions, in accordance with the conditions and specifications outlined in the bid documents of the Bid No. PR-83-245, are required.and shall be amended to the existing Contract for Custodial Services. PASSED AND ADOPTED by the City of Morro Bay at a regular meeting thereof held the 28th day of November, 1983, by the following roll call vote: AYES: ANDERSON, LEMONS, RISLEY, ZEUSCHNER NOES: NONE ABSENT: SHELTON &Z/ Gs�Y UD ZEUS HN R, MAYOR PRO TEM ATTEST: T;,EGPYUVUCHANAN, DEPUTY CITY CLERK a 1r RESOLUTION NO. 135-83 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY APPOINTING LOUISE BURT AS CITY TREASURER THE CITY COUNCIL City of Morro Bay, California WHEREAS, the City of Morro Bay is desirous of appointing a City Finance Director and a City Treasurer; and WHEREAS, the City has duly conducted a search and screening of potential candidates; and . WHEREAS, the City has determined that Mrs. Louise Burt does possess those skills and abilities necessary to be an effective Finance Director and City Treasurer; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Morro Bay does appoint Louise Burt as City Finance Director and City Treasurer for the City of Morro Bay commencing November 28, 1983. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held thereof on the 28th day of November, 1983, by the following roll call vote: AYES: ANDERSON, LEMONS, RISLEY, NOES: NONE ABSENT: SHELTON BUD ZEC2nNER, MAYOR PRO TEM ATTEST: TilaMNAN, DEPUTY CITY CLERK S RESOLUTION NO. 134-83 RESOLUTION ANNOUNCING FINDINGS AND DECLARING DOCK AND APPURTENANCES TO BE A NUISANCE THE CITY COUNCIL CITY OF MORRO BAY, CALIFORNIA WHEREAS, the Morro Bay Municipal Code in Chapter 14.40, provides procedures for the abatement of unsafe structures which are deemed to be public nuisances. WHEREAS, the City Council of the City of Morro Bay, California did on the loth day of October 1983, hold a duly noticed hearing to consider the abatement of an unsafe float- ing dock and appurtenances on lease sites held by Dale and Katherine Mitchell, located at 601 Embarcadero, and more specifically described as: Lease Sites 71, 72, 71W & 72W WHEREAS, at said hearing after considering the argu- ments of all persons wishing to testify, the City Council did find as follows: 1. That the report of the Director of Public Works, dated October 5, 1983, confirms in detail the conditions originally found by the Chief Building Inspector on June 24, 1983. 2. That numerous code violations exist. relative to the dock and appurtenances. 3. That the dock and appurtenances exist in such a deteriorated state as to cause a hazard for their use and occupancy. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Morro Bay, California as follows: 1. That the above recitations are true and correct and constitute the findings of the Council. 2. That the subject dock and appurtenances on or adjacent to Lease Sites 71, 72, 71W & 72W are hereby declared to be an unsafe structure and public nuisance for purposes of Municipal Code Chapter 14.40. RESOLUTION NO. 134-83 That leaseholders Dale and Katherine Mitchell are hereby ordered to abatesaid nuisance by having the structures and facilities property reconstructed or repaired pursuant to Municipal Code Chapter 14.52 and related chapters, or by_having the same demolished and removed, and that said reconstruction and/or demolition occur simultaneously, within thirty (30) days.of Coastal Commission permit issuance, as.previously indicated by.Council. That if the nuisance is not abated within the specified period, the City may pursue abatement, including demolition, And recover expenses from the leaseholder through any available means. PASSED AND ADOPTED by the City Council of the City of Morro Bay, at a regular meeting held thereof on the.14th day of -November, 1983, by the following roll call vote.: AYES: Anderson, Lemons, Risley, Zeuschner., Shelton NOES: None ABSENT: None UG R. SHELTON, MAYOR ATTEST: RESOLUTION NO. 133-83 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY ALLOCATING HARBOR FUND SURPLUS FOR FISCAL YEAR 1982 -'83 THE CITY COUNCIL City of Morro Bay, California WHEREAS, due to unanticipated revenues plus expenditures being less than budgeted, a surplus,of approximately $100,000 exists in the Harbor Fund; NOW, THEREFORE, BE IT RESOLVED that the aforesaid surplus funds shall be allocated as follows: 1. A sum equal to $50,000 shall be transferred from the Harbor Fund to the General Fund to partially offset the existing "debt" owed by the Harbor Fund to the General Fund; 2. A sum equal to $5,000 shall be budgeted for the purchase of two portable radios for use by the Harbor Patrol; 3. The remaining surplus funds shall be utilized to establish a separate account in the Harbor Fund to use for special maintenance and improvement projects as they become necessary. This account shall be added to as future funds become available. PASSED AND ADOPTED by the City Council of the City of Morro Bay, at a regular meeting held thereof on the 14th day of November, 1983, by a unanimous roll call vote: AYES: Anderson, Lemons, Risley, Zeuschner, Shelton NOES: None ABSENT: None WPOVA mw 7R. SHELTON,MAYOR ATTEST: PAUL BAXTER, CITY CLERK RESOLUTION NO.131-83 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY DECLARING CERTAIN CITY EQUIPMENT SURPLUS PROPERTY 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 that they declare the following equipment to be surplus property: 1973 Ford Truck with Hydro -Cleaner, C61DVQ34251, E607869, Vehicle No. 0081 PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held thereof on this 14th day of November, 1983 by the following roll call vote: AYES: Anderson, Lemons, Risley, Zeuschner, Shelton NOES: None ABSENT: None a` R ATTEST: - �� P L XTE , City Clerk RESOLUTION NO. 130-83 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY AWARDING BID NO. PW-83-305 FOR PURCHASE OF A SEWER VACUUM CLEANER MACHINE 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-83-305 for a sewer vacuum cleaner machine to Dew Par Sales and Service of Mission Viejo, California in the amount of $100,059.76 PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held thereof on the 14th day of November , 1983 by the following roll call vote: AYES: Anderson, Lemons, Risley, Zeuschner, Shelton NOES: None ABSENT: None U S L 0 , ayor ATTEST: po-u't PAUL BAXTER, City Clerk 3 RESOLUTION NO. 129-83 RESOLUTION AUTHORIZING THE ISSUANCE OF GRANT ANTICIPATION NOTES OF CITY OF MORRO BAY, CALIFORNIA Adopted October 24, 1983 RESOLUTION TABLE OF. CONTENTS (This Table of Contents is for convenience of reference only and is not a part of the Resolution.) Page ARTICLE I Definitions and Interpretation Section 101. Definitions . . . . . . . . . . . . . . . 1 Section 102. Interpretation . . . . . . . . . . . . . . 6 Section 103. Successors and Assigns. . . . . . . . . . 7 Section 104. Recitals . . . . . . . . . . . . . . . . . 7' Section 105. Resolution to Constitute Contract . . . . 8 Section 106. Parties Interested Herein . . . . . . . . 8 Section 107. Severability of Invalid Provisions. . . . 8 Section 108. Short Title . . . . . . . . . . . . . . . 9 ARTICLE II Authorization and General Terms of Notes Section 201. Authorization of Notes. . . . . . . . . . 10 Section 202. Security for the Notes. . . . . . . . . . 10 Section 203. Limited Liability of the City . . . . . . 10 Section 204. General Terms of Notes. . . . . . . . . . 11 Section 205. Execution of Notes. . . . . . . . . . . . 12 Section 206. Authentication of Notes . . . . . . . . . 13 Section 207. Conditions Precedent to Authentication of the Notes. . . . . . . . . . . . . . 13 Section 208. Negotiability and Transfer of Notes . . . 14 Section 209. Reissuance of Mutilated, Destroyed, Stolen or Lost Notes . . . . Section 210. Prohibition of Other Debt in Anticipation of Grant Receipts. . . . . . . . . . . . 15 Section 211. Covenants with Noteholders. . . . . . . . 16 Section 212. Required Notices to Fiscal Agent. . . . . 19 Section 213. Notice of Certain Other Actions . . . . . 19 ARTICLE III Establishment and Application of Accounts Section 301. Security for Notes and Sources of Payment . . . . . . . . . . . . . . . . . 20 Section 302. Establishment of Accounts . . . . . . . . 20 Section 303. Debt Service Account. . . . . . . . . . . 20 Section 304. Application of Construction Account . . . 21 Section 305. Grant Receipts Account. . . . . . . . . . 22 Section 306. Investments . . . . . . . . . . . . . . . 23 (i) Page ARTICLE IV Events of Default and Remedies of Holders Section 401. Events of Default . . . . . . . . . . . . 25 Section 402. Enforcement by Fiscal Agent . . . . . . . 25 Section 403. Enforcement by Noteholders .. . . . . . . 26 Section 404. Right to Enforce Payment of Notes Unimpaired . . . . . . . . . . . . . . . 26 ARTICLE V The Fiduciaries Section 501. Fiscal Agent and Note Registrar . . . . . 28 Section 502. Responsibilities of Fiduciaries . . . . . 28 Section 503. Evidence on Which Fiduciaries May Act . . 29 Section 504. Compensation and Expenses . . . . . . . . 30 Section 505. Certain Permitted Acts. . . . . . . . . . 30 Section 506. Resignation of Fiduciary. . . . . . . . . 30 Section 507. Removal . . . . . . . . . . . . . . . . . 31 Section 508. Appointment of Successor. . . . . . . . . 31 Section 509. Transfer of Rights and Property to Successor . . . . . . . . . . . . . . . . 32 Section 510. Merger or Consolidation . . . . . . . . . 32 ARTICLE VI Supplemental Resolutions and Amendments Section 601. Supplemental Resolutions Effective Upon Adoption . . . . . . . . . . . . . . . . 34 Section 602. Supplemental Resolutions Effective Upon Filing . . . . . . . . . . . . . . . . . 34 Section 603. Supplemental Resolutions Effective Upon Consent of Fiscal Agent. . . . . . . . . 35 Section 604. Amendment by Consent of Noteholders . . . 35 ARTICLE VII Miscellaneous Section 701. Defeasance. . . . . . . . . . . . . . . . 37 Section 702. Evidence of Signatures of Noteholders and Ownership of Notes . . . . . . . . . . . 38 Section 703. Preservation and Inspection of Documents. 39 Section 704. Form of Notes and Fiscal Agent's Certificate . . . . . . . . . . . . . . . 40 Section 705. Waiver of Personal Liability. . . . . . . 45 Page Section 706. Cancellation of Notes . . . . . . . . . . 46 Section 707. Authorization of Execution and Certification of Documents . . . . . . . 46 Section 708. Repeal of Resolution. . . . . . . . . . . 46 Section 709. Effective Date . . . . . . . . . . . . . . 46 • RESOLUTION 129-83 . RESOLUTION AUTHORIZING THE ISSUANCE OF GRANT ANTICIPATION NOTES OF CITY OF MORRO BAY, CALIFORNIA BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MORRO BAY, CALIFORNIA, AS FOLLOWS: ARTICLE I Definitions and Interpretation Section 101. Definitions. As used or referred to in this resolution, unless a different meaning clearly appears from the context: "Act" means Section 53859 et seq. of the Government Code of the State of California; "Agency Security" means any bond, debenture, note or other evidence of indebtedness issued by any of the following agencies: Banks for Cooperatives; Federal Farm Credit Banks; Federal Intermediate Credit Banks; Federal Home Loan Bank System; Export -Import Bank of the United States; Federal Land Banks; Government National Mortgage Association; Federal National Mort- gage Association; "Anticipated Grant Receipts" means at any time the amount of Grant Receipts stated in a certificate of an Authorized Officer as expected to be received after the date of such certifi- cate and prior to February 1, 1986; "Authorized Newspaper" means a newspaper or journal of general circulation in the City of San Francisco, California, printed in the English language and devoted in part to the publi- cation of financial news; "Authorized Officer" means the City Manager or the Director of Finance of the City; "City" means the City of Morro Bay, a municipal corpora- tion and a charter city of the State of California; "City Council" means the governing body of the City; "Construction Account" means the account so designated established by Section 302; "Consulting Engineer" means such independent engineer or engineering firm or corporation of reputation for skill and experience with respect to the design and construction of sewerage systems or facilities as may from time to time be retained by the City in connection with the Project; "Costs" or "Costs of the Project" means Eligible Costs and costs of issuance of the Notes; "Debt Service Account means the account so designated established by Section 302; "Eligible Costs" means Project costs entitled to reim- bursement under any Grant Agreement; "EPA" means the United States Environmental Protection Agency; "Federal Security" means any direct obligation of or obligation guaranteed by the United States of America; "Fiduciary" means the Fiscal Agent and the Note Registrar; "Fiscal Agent" means the bank, trust company or national banking association appointed pursuant to Section 501, and its successor or successors, and any other corporation or association -2- which may at any time be substituted in its place pursuant to the Resolution; "Grant" means an amount expected to be received by the City from the EPA or the State Board in aid of financing Eligible Costs of the Project; "Grant Agreement" means a written commitment for the payment of a Grant, specifying the amount of such Grant, the terms and conditions upon which such Grant is made and the date or dates or event or events upon which such Grant is to be paid to the City; "Grant Receipts" means all moneys received by the City on account of any Grant; "Grant Receipts Account" means the account so desig- nated established by Section 302; "Investment Security" means any of the following secur- ities legal for the investment of City funds at the time of purchase thereof: (a) Any Federal Security; (b) Any Agency Security; (c) Interest -bearing time deposits or negotiable or non-negotiable certificates of deposit issued by any bank, trust company or national banking association which is a member of the Federal Reserve System, provided that all amounts in such accounts or certificates of any bank, trust company or national banking association not having either (i) capital, surplus and undivided profits of not less than $75,000,000 or (ii) outstanding unsecured long-term debt -3- which is rated in either of the two highest rating categories by Standard & Poor's Corporation or Moody's Investors Service, Inc. shall be continuously collaterally secured by other Investment Securities referred to in clause (a) or (b) above which have a market value (exclusive of accrued interest) at all times at least equal to the principal amount of such accounts or certificates and which are lodged with the Fiscal Agent, bank, trust company or national banking associ- ation as custodian; and (d) Unsecured promissory notes of any bank, trust company, national banking association or banking holding company equal in dignity to such institution's outstanding unsecured long-term debt which is rated in either of the two highest rating categories by Standard & Poor's Corporation or Moody's Investors Service, Inc. "Note" means any of the notes authorized by, and au- thenticated and delivered pursuant to, the Resolution; "Noteholder" or the term "holder" or "owner" or any similar term, when used with reference to a Note or Notes, means any person who is the registered owner of any Outstanding Note or Notes; "Note Register" means the register maintained and kept by the Note Registrar for the City for the registration and transfer of the Notes; "Note Registrar" means the Fiscal Agent; "Outstanding" when used with reference to Notes and as of any particular date, describes all Notes theretofore and -4- thereupon being authenticated and delivered except (a) any Note cancelled by the Fiscal Agent at or prior to said date, (b) any Note for the payment of which moneys, equal to its principal amount, with interest to the date of maturity, shall be held in trust under the Resolution and set aside for such payment (whether upon or prior to maturity date of such Note), (c) any Note deemed to have been paid as provided in subsection (2) of Section 701, and (d) any Note in lieu of or in substitution for which another Note shall have been authenticated and delivered pursuant to the provisions of the Resolution; "Project" means the renovation and expansion of the Morro Bay-Cayucos wastewater Treatment and Disposal Facility; "Record Date" means the 15th day of the calendar month next preceding an interest payment date; to time; "Resolution" means this resolution as amended from time "Revenues" means all gross income and revenue received or.receivable by the City from the ownership and operation of the System, calculated in accordance with generally accepted account- ing principles, including all rates, fees and charges received by the City for the conveyance, storage, treatment or disposal of sewage, and all other income and revenue howsoever derived by the City from or arising from the System, but excluding refundable deposits made to establish credit and advances or contributions in aid of construction and connection fees and annexation charges and other payments of a similar nature; "Security Instrument" means any trust indenture, trust -5- 0 agreement or contract, and any bond ordinance, resolution or other legislative enactment of the City Council under or pursuant to which bonds, notes or other evidences of indebtedness are or may be issued or secured; "State" means the State of California; "State Board" means the State Water Resources Control Board of the State of California; "Supplemental Resolution" means any resolution of the City Council amending or supplementing the Resolution adopted and becoming effective in accordance with the terms of Article VI; "Surplus Revenues" means any Revenues not required by a Security Instrument to be set aside and held for the payment or security of bonds, notes or other obligations of the City; "System" means the entire wastewater facilities now or hereafter owned or operated by the City for the collection, treatment or disposal of wastewater, including all components of the Project. Section 102. Interpretation. (1) Words importing the masculine gender include every other gender. Words importing persons include firms, partnerships, associations and corporations. Words importing the singular number include the plural, and vice versa. (2) The terms "herein," "hereunder," "hereby," "here- to," "hereof" and any similar terms, refer to the Resolution; and the term "hereafter" means after the date of adoption of the Resolution; and (3) Articles and Sections mentioned by number only are • the respective Articles and Sections of the Resolution so num- bered. Section 103. Successors and Assigns. Whenever in the Resolution the City is named or referred to, it shall be deemed to include its successors and assigns whether so expressed or not. All of the covenants, stipulations, obligations, and agree- ments by or on behalf of, and other provisions for the benefit of, the City contained in the Resolution shall bind and inure to the benefit of such successors and assigns and shall bind and inure to the benefit of any officer, board, commission, author- ity, agent or instrumentality to whom or to which there shall be transferred by or in accordance with law any right, power or duty of the City, or of its successors or assigns, the possession of which is necessary or appropriate in order to comply with any such covenants, stipulations, obligations, agreements or other provisions of the Resolution. Section 104. Recitals. The Resolution is adopted by virtue of the Act and pursuant to its provisions, and the City Council has ascertained and hereby determines that each and every act, matter, thing or course of conduct as to which provision is made in the Resolution is necessary in order to carry out and effectuate the purposes of the City and to further secure the payment of the principal of and interest on the Notes. It is hereby found and determined that the City has entered into and executed a Grant Agreement or Agreements for Grants in the approx- imate aggregate amount of $6,800,000 and will be entitled to, and will receive, within 30 months from the date of the Notes, at least $6,800,000 in Grant Receipts. -7- Section 105. Resolution to Constitute Contract. In consideration of the purchase and acceptance of the Notes by those who shall own the same from time to time, the provisions of the Resolution shall be deemed to be and shall constitute contracts between the City, the Fiscal Agent and the owners from time to time of the Notes; the pledge made in the Resolution and the covenants and agreements herein set forth to be performed on behalf of the City shall be for the equal benefit, protection and security of the owners of any and all of the Notes, all of which, regardless of the time or times of their issue or maturity, shall be of equal rank without preference, priority or distinction of any of the Notes over any other thereof except as expressly provided in or pursuant to the Resolution. Section 106. Parties Interested Herein. Nothing in the Resolution expressed or implied is intended or shall be con- strued to confer upon, or give to, any person or corporation, other than the City, the Fiscal Agent and the owners of the Notes, any right, remedy or claim under or by reason of the Resolution. All the covenants, stipulations, promises and agree- ments contained in the Resolution by and on behalf of the City shall be for the sole and exclusive benefit of the City, the Fiscal Agent and the owners of the Notes. Section 107. Severability of Invalid Provisions. If any one or more of the covenants or agreements provided in the Resolution on the part of the City or the Fiscal Agent to be performed should be contrary to law, then such covenant or cove- nants, agreement or agreements, shall be deemed severable from so the remaining covenants and agreements, and shall in no way affect the validity of the other provisions of the Resolution or of the Notes. Section 108. Short Title. This resolution may be cited as the "1983 Note Resolution." ME ARTICLE II Authorization and General Terms of Notes Section 201. Authorization of Notes. For the purpose of raising funds to pay costs of the Project pending receipt of the Grant Receipts, not to exceed $6,400,000 principal amount of notes of the City are hereby authorized to be issued in anticipa- tion of the Grant Receipts. All or part of the authorized principal amount of the Notes may be issued by the City, upon authenti- cation by the Fiscal Agent in accordance with Section 207. The principal amount of the Notes to be issued shall be determined, within the limitations of this Section, by a Supplemental Resolu- tion adopted prior to their issuance or be determined by an Authorized Officer subject to ratification by Supplemental Resolu- tion. Section 202. Security for the Notes. The Notes shall be payable in the first instance from the Grant Receipts and the income derived from the investment of moneys held in the Accounts established by Section 302, and shall also be payable from Surplus Revenues and from the proceeds of additional notes and from any other funds of the City lawfully available for such purpose. All moneys held in the Debt Service Account and, subject to the provisions of Section 304 and Section 305, the Construction Account and the Grant Receipts Account, are hereby _pledged for the payment of the Notes. Section 203. Limited Liability of City. Notwith- standing anything in the Resolution, the City shall not be re- quired to advance any money derived from any source of income -10- other than the Grant Receipts, Surplus Revenues and other funds pledged by the Resolution for the payment of the principal of or interest on the Notes or for the performance of any of its duties under the Resolution. The City may, however, advance funds for any such purpose, provided that such funds are derived from a source legally available for such purpose and may be used by the City for such purpose without incurring indebtedness. The Notes shall be limited obligations of the City, payable exclusively from the sources and funds provided in the Resolution. The general funds of the City are not liable, and the full faith and credit or taxing power of the City is not pledged, for the payment of the Notes. The owners of the Notes shall never have the right to compel the forfeiture of any property of the City. The Notes shall not be a debt of the City, nor a legal or equitable pledge, charge, lien or encumbrance upon any property of the City or upon any of its income, receipts or revenues except the Grant Receipts, Surplus Revenues and other funds pledged by the Resolution. Section 204. General Terms of Notes. Every Note shall be issued in fully registered form and shall be payable as to principal and interest, in legal tender of the United States of America. Each of the Notes shall be designated "Grant Anticipa- tion Note, 1983 Series" and shall be dated November 1, 1983 and shall mature on May 1, 1986. None of the Notes shall be subject to redemption prior to maturity. The Notes shall be issued in the denomination of $5,000 or any integral multiple thereof and shall be numbered consecutively from 1 upwards in order of their issuance. -11- The Notes shall bear interest from November 1, 1983, or from the most recent interest payment date to which interest has been paid or duly provided for, payable semi-annually on May 1 and November 1 in each year at such rate as shall be determined by a Supplemental Resolution adopted prior to their issuance or be determined by an Authorized Officer subject to ratification by a Supplemental Resolution, until the City's obligation with respect to the payment of the principal sum shall be discharged. The principal of any Note shall be payable to the registered owner thereof upon surrender thereof at.the corporate trust office of the Fiscal Agent. Interest on the Notes, when due and payable, shall be paid by check or draft mailed to the registered owners, at the addresses as they appear on the Note Register at the close of business on the applicable Record Date. Section 205. Execution of Notes. Each Note shall be executed in the name of the City by its Mayor, using his manual or facsimile signature, and the corporate seal of the City shall be affixed, imprinted or reproduced thereon and attested by the Director of Finance using his manual signature. In case any officer who shall have signed or attested any of the Notes shall leave office before the Notes so signed and attested shall have been authenticated and delivered by the Fiscal Agent, such Notes may nevertheless be authenticated and delivered. Any Note may be signed, sealed or attested on behalf of the City by any person who, on the date of such act, shall hold the proper office, notwithstanding that on the date of such Note such person may not have held such office. -12- Section 206. Authentication of Notes. The Notes shall bear a certificate of authentication, substantially in the form set forth in the Resolution, duly executed by the Fiscal Agent. Only such Notes as shall bear such certificate of authentication, duly executed, shall be entitled to any right or benefit under the Resolution. No Note shall be valid or obligatory for any purpose unless such certificate of authentication upon such Note shall have been duly executed by the Fiscal Agent, and such certificate of authentication by the Fiscal Agent upon any Note executed on behalf of the City shall be conclusive and the only evidence that the Note so authenticated has been duly authen- ticated and delivered under the Resolution and that the owner thereof is entitled to the benefit of the Resolution. Section 207. Conditions Precedent to Authentication of the Notes. The executed Notes shall be delivered to the Fiscal Agent for authentication and delivery to or on the order of the purchasers, but shall be so authenticated only upon prior or simultaneous receipt by the Note Registrar of: (1) A copy of the Resolution, certified by the City Clerk; (2) A copy of each Supplemental Resolution then in effect, certified by the City Clerk; (3) Copies of the Grant Agreements, as amended or modified to the date of delivery of the Notes, certified by an Authorized Officer as then in effect; (4) An opinion of the counsel to the City to the effect that such Agreements have been validly executed and -13- accepted on behalf of the City, that each Grant Agreement constitutes a binding agreement by and between the City and the EPA or between the City and the State Board relating to the construction of the Project and reimbursements by the EPA or the State Board for Eligible Costs incurred or to be incurred by the City; (5) A certificate of an Authorized Officer stating (a) with respect to the Grants (i) the aggregate amount thereof committed or awarded, (ii) the aggregate amount thereof previously received by the City and (iii) the aggregate amount thereof expected to be received and (b) the principal amount of notes then Outstanding; and (6) A written order as to the delivery and application to the proceeds of the Notes, signed by an Authorized Officer. Section 208. Negotiability and Transfer of Notes. The Notes shall be negotiable instruments and each Note shall be transferable only upon the Note Register at the corporate trust office of the Fiscal Agent at the written request of the registered owner thereof or his legal representative duly authorized in writing upon surrender thereof, together with a written instrument of transfer satisfactory to the Note Registrar duly executed by the registered owner or his legal representative duly authorized in writing. Upon the transfer of any such fully registered Note, the City shall issue and the Fiscal Agent shall authenticate in the name of the transferee, in authorized denominations, one or more fully registered Notes of the same aggregate principal amount as the surrendered Notes. The City and the Fiscal Agent -14- may treat and consider the person in whose name such Note shall be registered upon the Note Register as its holder and absolute owner, whether or not such Note shall be overdue, for the purpose of receiving payment of the principal and for all other purposes whatsoever and neither the City nor the Fiscal Agent, nor the Note Registrar shall be affected by any notice to the contrary. All payments made as in this Section provided shall be valid and effectual to satisfy and discharge the liability upon the several Notes to the extent of the sum or sums so paid. Section 209. Reissuance of Mutilated, Destroyed, Stolen or Lost Notes. In case any Outstanding Note shall become mutilated or be destroyed, stolen or lost, the Fiscal Agent shall authenticate and deliver a new Note of like tenor, number and amount as the Note so mutilated, destroyed, stolen or lost, in exchange and substitution for such mutilated Note and upon surrender of such mutilated Note or in lieu of and substitution for the Note destroyed, stolen or lost, upon filing with the Fiscal Agent evidence satisfactory to the City and the Fiscal Agent that such Note has been destroyed, stolen or lost and proof of ownership, and upon furnishing the City and the Fiscal Agent with indemnity satisfactory to them, and complying with such other reasonable regulations as the City and the Fiscal Agent may prescribe and paying such expenses as the City and Fiscal Agent may incur in connection therewith. Section 210. Prohibition of Other Debt in Anticipation of Grant Receipts. Except for the Notes issued under the Resolu- tion, no bonds, notes or other evidences of indebtedness shall be -15- 00 IT] issued by.the City in anticipation of any Grant Receipts or for the payment of which any Grant Receipts are pledged or, otherwise made available. Section 211. Covenants with Noteholders. In order to secure the payment of the Notes, the City hereby particularly covenants and agrees with the owners of the Notes, and makes provisions which shall be a part of the contract with such owners, that the City, if and so long as any of the Notes are outstanding and unpaid: (a) Will proceed to complete with all practicable dispatch the construction and acquisition of the Project; (b) Will not make or cause or permit to be made any application of the proceeds of the Notes or of any moneys held in the Debt Service Account, the Construction Account or the Grant Receipts Account except in accordance with the provisions of Article III; (c) Will comply in all respects with the terms and provisions of all Grant Agreements and with all applicable State and Federal laws and regulations governing the imple- mentation of any Grant Agreement; (d) Will impose and collect user charges for the use and services of the System in accordance with the require- ments of any Grant Agreement and any Security Instrument; (e) Will take all actions necessary to preserve its right to receive reimbursements under the Grant Agreements; (f) Will apply or continue to apply Revenues and any other available funds to pay that portion of Eligible Costs -16- ft not expected to be reimbursed from Grants until all such Costs have been paid; (g) Will not apply the proceeds of any Note or other moneys of the City in any manner which would cause any of the Notes to be an "arbitrage bond" within the meaning of Section 103(c) of the Internal Revenue Code of 1954, as amended; (h) Will promptly request each reimbursement to which it has become entitled under any Grant Agreement; (i) Will promptly pay over to the Fiscal Agent all Grant Receipts for deposit in the Grant Receipts Account, provided, however, that after February 1, 1986, the City shall not be obligated to pay over additional Grant Receipts whenever the balance in the Debt Service Account is sufficient to pay the principal of and interest on the Notes at maturity; (j) Will not unilaterally terminate, or enter into any agreement to terminate, any Grant Agreement; (k) Except for the benefit or security of the Notes or any other bonds or other obligations heretofore or hereafter issued by the City, will not create, assume or suffer to be created any judgment, mortgage, pledge, or other lien, encumbrance or charge on the Revenues, or on any property or assets, real or personal, of the System, and will not permit any attachment of the Revenues or of such property or assets to remain unreleased for a period exceeding thirty days; (1) Will not adopt or enter into any Security Instru- ment which does not provide for the periodic release from -17- h N the lien of such Security Instrument, not less often than annually, of Surplus Revenues, or which does not permit the application of Surplus Revenues to the payment of the Notes or other evidences of indebtedness which the City may issue to refund or retire the Notes; and (m) Will, on February 1, 1986, if there shall not be on deposit in the Debt Service Account and the Grant Receipts Account a sum sufficient and available to pay the principal of and interest on the Notes, either immmediately pay over to the Fiscal Agent for deposit in the Debt Service Account, additional Grant Receipts or other available funds to remedy such deficiency, or as soon as possible authorize and offer for sale an additional grant anticipation notes or other obligations in a principal amount sufficient, with other available moneys, to make full payment of the principal of and interest on such maturing Notes, such additional notes or other obligations to be offered for sale upon reasonable and customary terms and conditions, will commence and carry out such offering in time to receive offers or bids for the purchase of such obligations no later than two months prior to the maturity date of such maturing Notes, and will promptly deliver such obligations to.the purchaser thereof and deposit the proceeds of sale in the Debt Service Account for applica- tion to the retirement of such maturing Notes. For the purpose of determining sufficiency and avail- ability within the meaning of paragraph (m) of this Section, Investment Securities maturing on or before the maturity date of -18- N such Notes shall be valued at their face value plus the amount of interest payable at or prior to such maturity date; Investment Securities which are subject to an agreement for their repurchase on or before the maturity date of such Notes shall be valued at the agreed on repurchase price plus the aggregate amount of interest payable to the Fiscal Agent under the terms of the applicable repurchase agreement at or prior to such maturity date. Section 212. Required Notices to Fiscal Agent. The City will give to the Fiscal Agent prompt written notice, appro- priately documented, of any change in the status of the Grants and of any authorization of additional indebtedness of the City payable from Revenues, and particularly of any of the following events: (i) any modification of a Grant; (ii) the suspension of any Grant or the issuance of any stop -work order; (iii) the termination of any Grant; (iv) the annulment of any Grant; (v) the adoption or authorization by the City of any Security Instrument. Section 213. Notice of Certain Other Actions. When- ever the suspension of any Grant or the issuance of any stop -work order has been lifted or cancelled, the City will give to the Fiscal Agent prompt written notice, appropriately documented, of such lifting or cancellation. -19- ARTICLE III Establishment and Application of Accounts Section 301. Security for Notes and Sources of Payment. The Notes shall be limited obligations of the City, payable, as to both principal and interest, in the first instance from the Grant Receipts, and other moneys, including investment income, held in the Accounts under the Resolution, and, to the extent not so paid, shall also be payable from Surplus Revenues and from the proceeds of additional notes issued pursuant to the Act. All moneys held in the Debt Service Account and, subject to the provisions of the Resolution permitting or requiring application to costs of the Project, all moneys held in the Construction Account and the Grant Receipts Account are hereby pledged for the payment of the Notes. Section 302. Establishment of Accounts. The City hereby creates and establishes the following special accounts, each of which shall be held by the Fiscal Agent: (1) Debt Service Account (2) Construction Account (3) Grant Receipts Account Section 303. Debt Service Account. Of the proceeds of sale of the Notes, such amount as shall be stated in the written order referred to in Section 208 shall be paid to the Fiscal Agent for deposit in the Debt Service Account for application to the payment of installments of interest on the Notes as the same become due. On February 1, 1986, or on the next succeeding business day, the Fiscal Agent shall withdraw from the Grant -20- 0* N Receipts Account and deposit in the Debt Service Account an amount equal to the principal of the Notes, or such lesser amount as shall then be on deposit in the Grant Receipts Account. On and after February 1, 1986, all Grant Receipts shall be paid into the Debt Service Account until its balance shall equal the principal of and interest payable on the Notes at maturity. Amounts held in the Debt Service Account shall be applied to the payment of principal of and interest on the Notes and used for no other purpose. Pending such application, moneys in the Debt Service Account shall be invested in Investment Securities pursuant to Section 306. Section 304. Application of Construction Account. The remaining proceeds of sale of the Notes, after making the deposit required by Section 303, shall be paid to the Fiscal Agent for deposit in the Construction Account and application to payment of Costs of the Project, provided that each disbursement shall be in the amount of 87-1/2% of Eligible Costs. Each disbursement for costs of issuance of the Notes shall be in the total amount of such costs. Pending such application, moneys in the Construction Account shall be invested in Investment Securities. No moneys shall be disbursed from the Construction Account except to pay Costs of the Project or to pay the principal of or interest on the Notes when due. Disbursements for the payment of Eligible Costs shall be made by the Fiscal Agent upon receipt of vouchers signed by an Authorized Officer stating that such Costs have been properly incurred, are Eligible Costs, and payment is then due and owing. Disbursements for costs of issuance of the Notes -21- y y upon requisition by an Authorized Officer. Whenever the Fiscal Agent shall have received notice pursuant to Section 212 that any Grant Agreement has been sus- pended or a stop -work order has been issued, no further dis- bursements shall be made from the Construction Account until the Fiscal Agent shall have received notice of the lifting of such suspension or stop -work order in accordance with Section 213. If the Fiscal Agent shall have received notice pursuant to Section 212 that any Grant Agreement has been terminated or annulled, no further disbursements shall be made from the Construction Account, and all moneys remaining in said Account shall immediately be transferred to the Debt Service Account. On February 1, 1986, or on the next succeeding business day, to the extent that sufficient moneys are not available in the Debt Service Account and the Grant Receipts Account to pay the principal of and interest on the Notes at maturity, moneys in the Construction Account shall be transferred to the Debt Service Account and applied to such payment. After completion of the Project, any moneys remaining in the Construction Account shall be transferred to the Debt Service Account and held for the retirement of the Notes. If no Notes are then Outstanding, moneys remaining in the Construction Account may be withdrawn by the City and used for any lawful purpose. Section 305. Grant Receipts Account. All Grant Re- ceipts received by the City prior to February 1, 1986 shall be promptly paid to the Fiscal Agent for deposit in the Grant Re- -22- N ceipts Account and application to the payment of the principal of and interest on the Notes or to payment of Costs of the Project, as provided in this Section. Pending such application, moneys in the Grant Receipts Account shall be invested in Investment Secur- ities. Prior to February 1, 1986 moneys may be withdrawn by the City from the Grant Receipts Account for application to Costs of the Project, but only if, after any such withdrawal there remains in the Grant Receipts Account moneys or Investment Securities in an amount sufficient, together with ninety percent (90%) of the Anticipated Grant Receipts (as stated in a certificate of an Authorized Officer dated and delivered to the Fiscal Agent no more than ten days prior to such withdrawal) to pay the principal of all Outstanding Notes at their maturity. Any moneys remaining in the Grant Receipts Account after the payment of the Notes in full shall be applied to costs of completion of the Project, or if the Project is then complete, may be withdrawn by the City and used for any lawful purpose. Section 306. Investments. Moneys in the Debt Service Account, the Construction Account and the Grant Receipts Account shall at all times be invested, to the extent practicable, in Investment Securities maturing (or salable through repurchase agreement at a stated price) at such times and in such amounts as will make cash available for the purposes of such Accounts as i needed. Such Investment Securities shall be acquired as directed by an Authorized Officer, or, in the absence of such direction, as determined by the Fiscal Agent in its sole discretion. Invest- ment Securities may be purchased for the Grant Receipts Account -23- 0• either in the open market or from the Construction Account. If purchased from the Construction Account, such Investment Securities shall be purchased at'a price equal to their original purchase price plus accrued interest. To the extent permitted by law, the City may also engage in financial transactions whereby Investment Securities are purchased under an agreement providing for resale to the original seller at a stated price. -24- I*• N ARTICLE IV Events of Default and Remedies of Holders Section 401. Events of Default. Each of the following events shall constitute an "event of default": (a) if default shall occur in the due and punctual payment of the principal or interest on any Note; (b) if default shall be made by the City in the obser- vance of any of the covenants, agreements or conditions on its part in the Resolution or in any supplemental Resolution or in the Notes contained, and such default shall have continued for a period of 30 days after the City shall have been given written notice of such default by the Fiscal Agent; or (c) if the City shall file a petition or answer seek- ing reorganization or arrangement under the federal bank- ruptcy laws or any other applicable law of the United States of America, or if a court of competent jurisdiction shall approve a petition, filed with or without the consent of the City, seeking reorganization of the City under the federal bankruptcy laws or any other applicable law of the United States of America, or if a court of competent jurisdiction shall assume custody or control of the City or of the whole or any substantial part of its property. Section 402. Enforcement �y Fiscal Agent. Upon the happening and continuance of any event of default, the Fiscal Agent may, and upon the written request of the owners of not less than twenty-five per cent (25%) in aggregate principal amount of -25- h the Notes at the time Outstanding, shall exercise in its own name any or all of the powers of the Noteholders under Section 403 and in particular (i) bring suit for any unpaid principal or interest then due, (ii) by mandamus or other appropriate proceeding en- force all rights of the Noteholders, including the right to require the City to perform its duties under the Act and the Resolution, (iii) bring suit upon the Notes, (iv) by action at law or bill in equity require the City to account as if it were the trustee of an express trust for the Noteholders and (v) by action or bill in equity enjoin any acts in violation of the Resolution or the rights of the Noteholders. Section 403. Enforcement �y Noteholders. Any owner of an Outstanding Note may exercise any available remedy and bring any appropriate action, suit or proceeding to enforce his rights, including those specified in Section 402, provided that prior to resorting to any court of law or chancery or to any other legal process, either (i) such owner shall have given written notice to the City and the Fiscal Agent specifying the event of default to be complained of and requesting the Fiscal Agent to take appro- priate action, and the Fiscal Agent shall have failed to act within a reasonable time, or (ii) such owner shall have obtained the written consent of the Fiscal Agent to the institution of the action, suit or proceeding proposed, and such action, suit or proceeding is brought for the ratable benefit of all Noteholders. Section 404. Right to Enforce Payment of Notes Unim- paired. Nothing in this Article shall affect or impair the right of any Noteholder to enforce the payment of the principal of or -26- 0• lil interest on his Note or the obligation of the City to pay the principal of and interest on each Note to its owner when due. -27- 0• N Section 501 ARTICLE V The Fiduciaries Fiscal Agent and Note Registrar. The City shall, by Supplemental Resolution adopted prior to the authentication and delivery of any Notes, appoint as Fiscal Agent and Note Registrar a bank, trust company or national banking association having trust powers, able to accept the office on reasonable and customary terms and authorized by law to perform the duties imposed upon it by the Resolution. The Fiscal Agent shall signify its acceptance of the duties and obligations imposed upon it by the Resolution by executing the certificate of authen- tication on the Notes, and, by executing such certificate upon any Note, the Fiscal Agent shall be deemed to have certified to the City that it has all requisite power to accept, and has accepted such duties and obligations not only with respect to the Note so authenticated, but with respect to all the Notes. Section 502. Responsibilities of Fiduciaries. The recitals of fact in the Resolution and the Notes shall be taken as statements of the City, and no Fiduciary shall be responsible for their accuracy. No Fiduciary shall be deemed to make any representation as to, or shall incur any liability on account of, the validity of the Resolution or of any,Notes. The Fiscal Agent shall, however, be responsible for any representation in its certificate of authentication on the Notes. No Fiduciary shall be under any responsibility or duty with respect to the application of any moneys paid to the City or to any other Fiduciary. No Fiduciary shall be under any obligation or duty to perform any MHO act which would involve it in expense or liability or to institute or defend any action or suit in respect of the Resolution or Notes, or to advance any of its own moneys, unless properly indemnified. The Fiscal Agent, prior to the occurrence of an event of default and after the remedy of all events of default which may have occurred, undertakes to perform such duties and only such duties as are specifically set forth in the Resolution. In case an event of default has occurred and has not been remedied, the Fiscal Agent shall exercise such of the rights and powers vested in it by the Resolution, and shall use the same degree of care and skill in their exercise, as a prudent man would exercise or use under the circumstances in the conduct of his own affairs. Any provision of the Resolution relating to action taken or to be taken by the Fiscal Agent or to evidence upon which the Fiscal Agent may rely shall be subject to the provisions of this Section. Section 503. Evidence on Which Fiduciaries May Act. Each Fiduciary shall be protected in acting upon any notice, resolution, request, consent, order, certificate, opinion, or other document believed by it to be genuine, and to have been signed or presented by the proper party or parties. Whenever any Fiduciary shall deem it necessary or desirable that a fact or matter be proved or established prior to taking or suffering ,any action, such fact or matter, unless other evidence is specifi- cally prescribed, may be deemed to be conclusively proved and established by a certificate of an Authorized Officer, but in its discretion the Fiduciary may instead accept other evidence of such fact or matter. -29- Section 504. Compensation and Expenses. Unless'other- wise provided by contract with the Fiduciary, the City shall pay to each Fiduciary from time to time reasonable compensation for all services, and also reimburse its reasonable expenses, charges, legal fees and other disbursements and those of its attorneys, agents and employees, incurred in the performance of its duties. The City shall indemnify and save each Fiduciary harmless against any liabilities which it may incur in the exercise and performance of its powers and duties and which are not due to its negligence or default. Section 505. Certain Permitted Acts. Any Fiduciary may become the owner of or may deal in Notes as fully and with the same rights it would have if it were not a Fiduciary. To the extent permitted by law, any Fiduciary may act as depositary for, and permit any of its officers or directors to act as a member of, or in any other capacity with respect to, any committee formed to protect the rights of Noteholders or effect or aid in any reorganization growing out of the enforcement of the Notes or the Resolution, whether or not any such committee shall represent the owners of a majority in principal amount of the Outstanding Notes. Section 506. Resignation of Fiduciary. A Fiduciary may at any time resign and be discharged of its duties and obli- gations under the Resolution by giving not less than sixty days, written notice to the City and publishing notice, specifying the date when such resignation shall take effect, in an Authorized Newspaper within twenty days after the giving of such written -30- E notice. Such resignation shall take effect upon the day speci- fied in such notice unless a successor shall have been previously appointed by the City or Noteholders, in which event such resig- nation shall take effect immediately. Section 507. Removal. A Fiduciary may be removed at any time by the owners of a majority in principal amount of the Notes then Outstanding, excluding any Notes held by or for the account of the City, by an instrument or concurrent instruments in writing signed and duly acknowledged by such Noteholders or by their attorneys duly authorized in writing and delivered by the City. Copies of each such instrument shall be delivered by the City to each Fiduciary. Section 508. Appointment of Successor. In case at any time a Fiduciary shall resign or shall be removed or shall become incapable of acting, or shall be adjudged a bankrupt or insolvent, or if a receiver, liquidator or conservator of such Fiduciary or of its property shall be appointed, or if any public officer or court shall take charge or control of such Fiduciary or of its property or affairs, a successor may be appointed by the owners of a majority in principal amount of the Notes then Outstanding, excluding any Notes held by or for the account of the City, by an instrument or concurrent instruments in writing signed by such Noteholders or their attorneys duly authorized in writing and delivered to such successor Fiduciary, notification thereof being given to the City, the predecessor Fiduciary and any other Fidu- ciaries. Pending such appointment, the City shall forthwith appoint a Fiduciary to fill such vacancy until a successor Fidu- -31- ciary shall be appointed by Noteholders The City shall publish notice of any such appointment in an Authorized Newspaper within twenty days after such appointment. Any successor Fiduciary appointed by the City shall, immediately and without further act, be superseded by a Fiduciary appointed by Noteholders. If in a proper case no appointment of a successor Fiduciary shall be made within forty-five days after the Fiduciary shall have given to the City written notice of resignation or after.the occurrence of any other event requiring such appointment, the Fiduciary or any other Fiduciary or any Noteholder may apply to any court of competent jurisdiction to appoint a successor. Any Fiduciary appointed under the provisions of this Section shall be a bank or trust company or a national banking association, doing business and having its principal office in the State of California and authorized to perform the duties imposed upon it by the Resolution. Section 509. Transfer of Rights and Property to Successor. Any predecessor Fiduciary shall pay over, assign and deliver any moneys held by it to its successor, or if there is no successor, to the Fiscal Agent. Section 510. Merger or Consolidation. Any company into which any Fiduciary may be merged or converted or with which it may be consolidated or any company resulting from any merger, conversion or consolidation to which it shall be a party, or any company to which such Fiduciary or any public officer or court may sell or transfer all or substantially all of its corporate trust business, shall be the successor to such Fiduciary without the execution or filing of any paper or the performance of any -32- further act; provided, however, that such \.company shall be a bank or trust company or national banking association and shall be authorized by law to perform all the duties imposed upon it by the Resolution. -33- ARTICLE VI Supplemental Resolutions and Amendments Section 601. Supplemental Resolutions Effective Upon Adoption. A Supplemental Resolution for any one or more of the following purposes shall be fully effective in accordance with its terms upon adoption: (1) To specify, determine or authorize any matters and things concerning the Notes or the proceeds thereof which are not contrary to or inconsistent with the Resolution; (2) To modify or amend any of the terms or provisions of the Resolution prior to the acceptance by the Fiscal Agent of its appointment under the Resolution. Section 602. Supplemental Resolutions Effective Upon Filing. A Supplemental Resolution for any one or more of the following purposes shall be fully effective in accordance with its terms upon the filing with the Fiscal Agent of a copy certi- fied by the Secretary; (1) To close the Resolution against, or impose addi- tional limitations or restrictions on, the issuance of Notes, or of other notes, bonds, obligations or evidences of indebtedness; (2) To impose additional covenants or agreements to be observed by the City which are not contrary to or incon- sistent with the Resolution; (3) To impose other limitations or restrictions upon the City; (4) To surrender any right, power or privilege reserved -34- �J LJ to or conferred upon the City by the Resolution; and (5) To confirm, as further assurance, any pledge of or lien upon the Grant Receipts or any other moneys, securities or funds. Section 603. Supplemental Resolutions Effective Upon Consent of Fiscal Agent. A Supplemental Resolution for any one or more of the following purposes shall be fully effective in accordance with its terms upon the written consent of the Fiscal Agent: (1) To cure any ambiguity, omission or defect in the Resolution; (2) To modify or amend any of the terms or provisions of the Resolution if no Notes are Outstanding at the time such written consent is filed; and (3) To modify or amend any of the terms or provisions of the Resolution, provided that such modification by its terms shall not take effect until all Notes Outstanding on the date of adoption of such Supplemental Resolution shall have ceased to be Outstanding. Section 604. Amendment by Consent of Noteholders. The Resolution or any Supplemental Resolution and the rights and obligations of the City and of the Noteholders may be modified or amended at any time by a Supplemental Resolution which shall become binding when the written consents of the owners of sixty per cent (60%) in aggregate principal amount of the Notes then Outstanding are filed with the Fiscal Agent. No such modifica- tion or amendment shall extend the maturity of or reduce the -35- interest rate on, or otherwise alter the terms of payment of the principal of or interest on any Note without the express written consent of the owner of such Note, nor reduce the percentage of Notes required for consent to any such amendment or modification, nor modify any of the rights or obligations of the Fiscal Agent without its prior written consent. -36- ARTICLE VII Miscellaneous Section 701. Defeasance. (1) If the City shall pay or cause to be paid to the owners of the Notes, the principal and interest due and to become due thereon, at the times and in the manner stipulated therein and in the Resolution, then, at the option of the City expressed in a certificate of an Authorized Officer delivered to the Fiscal Agent, the pledge of the Grant Receipts and other moneys, securities and funds hereby pledged and the covenants, agreements and other obligations of the City to the Noteholders hereunder shall be discharged and satisfied. In such event, the Fiscal Agent shall, upon the request of the City expressed in a certificate of an Authorized Officer deli- vered to the Fiscal Agent, execute and deliver to the City all such instruments as may be desirable to evidence such discharge and satisfaction, and the Fiduciaries shall pay over or deliver to the City all moneys or securities held by them pursuant to the Resolution which are not required for the payment or redemption of Notes. (2) The Note shall be deemed to have been paid within the meaning of this Section if there shall have been deposited with the Fiscal Agent by or on behalf of the City either (i) moneys in an amount which shall be sufficient, or (ii) Federal Securities not subject to redemption prior to maturity the princi- pal of and the interest on which when due will provide moneys which, together with the moneys, if any, on deposit with the Fiscal Agent at the same time, shall be sufficient to pay when -37- due the principal of and interest due and to become due on said Notes on the maturity date thereof. Any moneys so deposited may be invested by the Fiscal Agent only in such Federal Securities. The Federal Securities and moneys deposited with the Fiscal Agent pursuant to this Section shall be held in trust for the payment of the principal of or and interest on said Notes. No payments of principal of or interest on any such Federal Securities shall be withdrawn or used for any purpose other than the payment of such principal or interest. Section 702. Evidence of Signatures of Noteholders and Ownership of Notes. Any request, consent, revocation of consent or other instrument which the Resolution may require or permit to be signed and executed by Noteholders may be in one or more instruments of similar tenor, and shall be signed or executed by such Noteholders in person or by their attorneys duly authorized in writing. Proof of (1) the execution of any such instrument, or of an instrument appointing or authorizing any such attorney, or (2) the ownership by any person of any Notes, shall be suffi- cient for any purpose of the Resolution if made in the following manner, or in any other manner satisfactory to the Fiscal Agent which may nevertheless in its discretion require further or other proof in cases where it deems the same desirable: (A) The fact and date of the execution by any Note - holder or his attorney of any such instrument may be proved (1) by the certificate of a notary public or other officer authorized to take acknowledgments of deeds to be recorded in the jurisdiction in which he purports to act that the C". person signing such instrument acknowledged to him the execution thereof, or by the affidavit of a witness of such execution, duly sworn to before such a notary public or other officer or (2) by the certificate, which need not be acknowledged or verified, of an officer of a bank, trust company or financial firm or corporation satisfactory to the Fiscal Agent that the person signing such instrument acknow- ledged to such bank, trust company, firm or corporation the execution thereof. (B) The authority of a person or persons to execute any such instrument on behalf of a corporate Noteholder may be established without further proof if such instrument is signed by a person purporting to be the president or trea- surer or a vice-president or an assistant treasurer of such corporation with a corporate seal affixed, and is attested by a person purporting to be its secretary or assistant secretary. (C) The ownership of all Outstanding Notes, the amount, numbers and other identification thereof, and the date of owning the same, shall be proved by the Note Register. Any request, consent.or other instrument executed by the owner of any Note shall bind all future owners of such Note in respect of anything done or suffered to be done hereunder by the City or any Fiduciary in accordance therewith. Section 703. Preservation and Inspection of Documents. All reports, certificates, statements, and other documents re- ceived by any Fiduciary under the provisions of the Resolution -39- shall be retained in its possession and shall be available at all reasonable times for the inspection of the City, any other Fidu- ciary or any Noteholder, and their agents and their representa- tives, any of whom may make copies thereof, but any such reports, certificates, statements or other documents may, at the election of such Fiduciary, be destroyed or otherwise disposed of at any time after such date as the pledge created by the Resolution shall be discharged as provided in Section 701. Section 704. Form of Notes and Fiscal Agent's Certifi- cate. Subject to the provisions of the Resolution, each Note and the certificate of authentication by the Fiscal Agent shall be in substantially the following form: [Form of Note) UNITED STATES OF AMERICA STATE OF CALIFORNIA CITY OF MORRO BAY GRANT ANTICIPATION NOTE 1983 SERIES $ No. The CITY OF MORRO BAY, CALIFORNIA (the "City"), a municipal corporation and a charter City of the State of California, acknowledges itself indebted and for value received hereby promises to pay to upon presentation and sur- render, the principal sum of Thousand Dollars ($ ) on the first day of May, 1986, and to pay m interest on such principal sum from November 1, 1983, or from the most recent interest payment date which interest has been paid or duly provided for at the rate of per centum ( %) per annum, payable on the first days of May and November in each year, commencing May 1, 1984, until the City's obligation with respect to the payment of such principal sum shall be discharged. The principal of this note will be payable at the corporate trust office of , in the City of California, as Fiscal Agent under the Resolution hereinafter referred to (the "Fiscal Agent"), or ofits successor as such Fiscal Agent. The interest on this note, when due and payable, shall be paid by check or draft mailed to the person in whose name this note is registered, at the address as it appears on the Note Register maintained by the Note Registrar under the Resolu- tion, at the close of business on the April 15 or October 15 (whether or not a business day) immediately preceding the corres- ponding May 1 or November 1 interest payment date (the "Record Date"), irrespective of any transfer or exchange of this note subsequent to such Record Date and prior to such interest payment date. Both principal of and interest on this note are payable in any coin or currency of the United States of America which at the time of payment is legal tender for the payment of public and private debts. This note is one of an issue of notes (the "Notes") issued in the aggregate principal amount of $ , which are all dated November 1, 1983, and are all of like tenor except as to denomination and which are authorized and issued under and -41- pursuant to Section 53859 et seg. of the Government Code of the State of California (herein called the "Act"), and under and in accordance with a resolution of the Council of the City adopted October 24, 1983, and entitled "Resolution Authorizing the Issu- ance of Grant Anticipation Notes of the City of Morro Bay" as supplemented (the "Resolution") for the purpose of financing improvements to the wastewater treatment system of the City (the "System"). A copy of the Resolution is on file at the corporate trust office of the Fiscal Agent. The Notes are limited obligations of the City issued in anticipation of the receipt of certain grants expected to be received from the United States of America and the State of California (herein called the "Grant Receipts") and are payable solely from moneys held in the accounts maintained under the Resolution, including the Grant Receipts, surplus revenues of the System, the proceeds of sale of additional notes issued pursuant to the Act for the purpose of retiring the Notes and any other moneys, if any, lawfully available therefor. The general fund of the City is not liable, and the full faith or credit or taxing power of the City is not pledged, for the payment of the principal of or interest on the Notes. All of the Notes are equally secured by the pledge of funds and revenues provided in the Resolution. Reference to the Resolution and any and all modifica- tions and amendments thereof and to the Act is made for a des- cription of the nature and extent of the security for the Notes, the funds or revenues pledged, the nature and extent and manner -42- 0 of enforcement of the pledge, the rights and remedies of the owners of the Notes with respect thereto and the terms and condi- tions upon which the Notes are issued. To the extent and in the respects permitted by the Re- solution, the provisions of the Resolution or any resolution amendatory thereof or supplemental thereto may be modified or amended by action on behalf of the City taken in the manner and subject to the conditions and exceptions prescribed in the Reso- lution. The pledge of revenues and other obligations of the City under the Resolution may be discharged at or prior to the matur- ity of the Notes upon the making of provisions for the payment thereof on the terms and conditions set forth in the Resolution. maturity. The Notes are not subject to redemption prior to their This note is transferable, as provided in the Resolution, only upon the Note Register kept for that purpose at the corporate trust office of the Fiscal Agent at the written request of the registered owner hereof or his legal representative duly authorized in writing, upon surrender of this note to the Fiscal Agent, together with a written instrument of transfer satisfactory to the Fiscal Agent duly executed by the registered owner or his legal representative duly authorized in writing. Thereupon, and upon payment of the charges prescribed, a new note or notes of the same aggregate principal amount shall be issued to the trans- feree in exchange herefor'as provided in the Resolution. It is hereby certified and recited that all conditions, acts and things required by the Constitution or statutes of the -43- State of California or the Resolution to exist, to have happened or to have been performed precedent to or in the issuance of this Note exist, have happened and have been performed and that the issue of Notes of which this is one, together with all other indebtedness of the City, is within every debt and other limit prescribed by said Constitution or statutes. This note shall not be entitled to any security and benefit under the Resolution or be valid and become obligatory for any purpose unless the certificate of authentication hereon has been duly executed by the Fiscal Agent. IN WITNESS WHEREOF, THE CITY OF MORRO BAY has caused this note to be executed by the facsimile signature of its Mayor and the manual signature of its Director of Finance, its corporate seal to be affixed, imprinted or reproduced hereon, and this note to be dated the first day of November, 1983. CITY OF MORRO BAY B a Attest: Director of Finance [SEAL] -44- CERTIFICATE OF AUTHENTICATION This note is one of the issue of Notes described in the within -mentioned Resolution and dated November 1, 1983. Fiscal'Agent By Authorized Officer (FORM OF ASSIGNMENT) ASSIGNMENT For value received the undersigned hereby sells, assigns and transfers unto the within Note of the City of Morro Bay, California, and does hereby constitute and appoint attorney to transfer said Note on the books kept for registration thereof, with full power of substitu- tion in the premises. Dated: (Registered owner) Address of Registered Owner Social Security or other identifying number of Assignee NOTICE: The signature to this assignment must correspond with the name as it appears upon the face of the within Note in every particular, without alteration or enlargement or any change whatever. Signature guaranteed: NOTICE: Signature(s) must be guaranteed by a member firm of the New York Stock Exchange or a commercial bank or trust company. Section 705. Waiver of Personal Liability. No member of the City Council or officer or employee of the City shall be -45- individually or personally liable for the payment of the princi- pal of or the interest on any Note, but nothing herein contained shall relieve any such member, official or employee from the performance of any official duty provided by law or the Resolution. Section 706. Cancellation of Notes. All Notes purchased or paid shall be cancelled by the Fiscal Agent. No such Notes shall be deemed Outstanding under the Resolution and no Notes shall be issued in lieu thereof. All such Notes shall be cancelled and upon order of the City shall be destroyed and a certificate evidencing such destruction shall be delivered to the City. Section 707. Authorization of Execution and Certifica- tion of Documents. The Mayor, the Director of Finance, the City Manager, the City Clerk and other officials of the City are hereby authorized to execute and certify all documents necessary for the legal issuance of the Notes. Section 708. Repeal of Resolution. The Resolution adopted by the City on April 25, 1983 entitled "Resolution Author- izing the Issuance of Grant Anticipation Notes of the City of Morro Bay, California is hereby repealed. Section 709. Effective Date. This resolution shall take effect from and after its passage and approval. • PASSED AND ADOPTED ON October 24, 1983, by the follow- ing vote: Yes: Anderson, Lemons, Risley, Zeuschner, Shelton No: None Absent: None (Seal) Attest: City Clerk, Paul Baxter Approved: V -47- RESOLUTION NO. 129-83 SUPPLEMENTAL RESOLUTION PROVIDING FOR THE ISSUANCE OF $3,815,000 PRINCIPAL AMOUNT OF GRANT ANTICIPATION NOTES, 1983 SERIES OF THE CITY OF MORRO BAY, CALIFORNIA AND AMENDING A RESOLUTION ADOPTED ON OCTOBER 24, 1983. BE IT RESOLVED BY THE CITY COUNCIL OF MORRO BAY, CALI- FORNIA, AS FOLLOWS: Section 1. Short Title. This resolution may be cited and referred to as the "First Supplemental Resolution" Section 2. Definitions. As used in the First Supple- mental Resolution, "Resolution" shall mean the resolution adopted by the City Council on October 24, 1983 and entitled "Resolution Authorizing the Issuance of Grant Anticipation Notes, 1983 Series of City of Morro Bay, California", and any word or term defined in Section 101 of the Resolution shall have the meaning ascribed to it in said Section 101. Section 3. Principal Amount and Interest Rate. The Notes shall be issued in the principal amount of $3,815,000 and shall bear interest at the rate of seven per centum (__L_Y,) per annum. Section 4. Sale of the Notes. The award and sale of the Notes to E. F. Hutton & Company Inc. (the "Purchaser") at the price of.$ 3.738.70o plus interest accrued from November 1, 1983 to the date of delivery, pursuant to the Purchase Contract dated November 14, 1983, for the Notes submitted by the Purchaser, is hereby ratified and confirmed. The City Administrator, City Clerk and the Director of Finance are hereby authorized and directed to execute all documents and certificates necessary for the legal issuance of the Notes. Section 5. Appointment of Fiscal Agent and Note Registrar. First Interstate Bank of California, a bank having a corporate trust office in the City of San Francisco, California, is hereby appointed Fiscal Agent and Note Registrar for the Notes. Section 6. Approval of Official Statement. The Official Statement prepared and distributed in connection with the sale of the Notes and on file in the office of the City Clerk is hereby approved, and the City Administrator is hereby authorized to execute the Official Statement, with such changes as he may approve, and deliver it to the Purchaser. Section 7. Amendment of Resolution. Section 205 of the Resolution is hereby amended to read as follows: Section 205. Execution of Notes. Each Note shall be executed in the name of the City by its Mayor and City Clerk, using their manual or facsimile signatures. In case any officer who shall have signed or attested any of the Notes shall leave office before the Notes so_signed shall have been authenticated and delivered by the Fiscal Agent, such Notes may nevertheless be authenticated and delivered. Any Note may be signed on behalf of the City by any person who, on the date of such act, shall hold the proper office, notwithstanding that on the date of such Note such person may not have held such office. Section 8. Effective Date. This First Supplemental Resolution shall take effect immediately. -2- • PASSED AND ADOPTED ON November 14, 1983, by,the follow- ing vote: Ayes: Anderson, Lemons, Risley, Zeuschner, Shelton Noes: None Absent: None Attest: PAUL BAXTER, CITY CLERK Approved: HMO MAYOR -3- it RESOLUTION NO. 128-83 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY AUTHORIZING THE INSTALLATION OF STOP SIGNS ON MORRO AVENUE AT THE INTERSECTION OF HARBOR STREET THE CITY C0UNCI L --- ---- ------- City of Morro Bay, California WHEREAS, potential liability on the part of the City of Morro Bay exists at the intersection of Harbor Street and Morro Avenue, and 'WHEREAS, concern has been expressed about safety at this intersection as well'as the lack of regulatory signage, and WHEREAS, a traffic survey was conducted at the intersection by the Public Works Department and confirmed that possibly hazardous conditions exist, NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay that stop signs be installed on Morro Avenue at the intersection with Harbor Street as regulation aids. BE IT FURTHER RESOLVED that the Director of Public Works is directed to take the proper actions to effectuate this resolution. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof held the 24th day of October 1983, by the following roll call vote: AYES: Anderson, Lemons, Risley, Zeuschner, Shelton NOES: None ABSENT: None ✓ _ � ATTEST: - 64�� &_2 11�-- P.UL BAXTER, City Clerk i RESOLUTION NO. 127-83 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY ANNOUNCING FINDINGS AND APPROVING AN AMENDMENT TO A CONDITIONAL USE PERMIT TO ALLOW A VIDEO GAME ARCADE. CASE NO. CUP 17-83 (AMENDMENT) THE CI T Y. C O U N C IL CITY OF MORRO BAY, CALIFORNIA WHEREAS, upon recommendation of the City Planning Com- mission, the City Council of the City of Morro Bay, California did approve a Conditional Use Permit to operate a video arcade at 712 Quintana Road, Case No. CUP 17-83, by adoption of Resolution No. 82-83, July 11, 1983; and WHEREAS, the Planning Commission of the City of Morro Bay, California did on the 3rd day of October, 1983, hold a duly noticed Commission initiated PUBLIC HEARING to consider recom- mendation for amendment of the conditions of approval for the video arcade authorized in Case No. CUP 17-83; and WHEREAS, the City Council of the City of Morro Bay, California, did on the 24th day of October, 1983, hold a duly noticed PUBLIC HEARING to consider said case and the recommendation of the Planning Commission; and WHEREAS, at said PUBLIC HEARING, after considering the arguments of all persons, if any, wishing to testify, the City Council did find the following facts and reasons to justify granting approval of said Conditional Use Permit amendment: 1. The use requested is properly one for the CZ zone, and is consistent with the policies and objectives of the Morro Bay General Plan; and 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 neighbor- hood of this proposed use, and 3. The use requested will to property and improvements in welfare of the City. not be injurious or detrimental the neighborhood or the general RESOLUTION NO. 127-83 -2- NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay, California as follows: 1. That the above recitations are true and correct and constitute findings of the Council on this matter, and 2. That the City Council does hereby approve an amendment to Conditional Use Permit No. CUP 17-83 deleting Condition No. 12 of Resolution No. 82-83. PASSED AND ADOPTED by the City Council of the City of Morro Bay, at a regular meeting held thereof on the 24th day of October, 1983, by the following roll call vote: AYES: Anderson, Lemons, Risley, Zeuschner, Shelton NOES: None ABSENT: None ATTEST: %26A it TIOo2 /s A,J Enrc2ocl/+c7, FXrr ONLY, JU,N 2 CASE N0. _dvP 17- PjyO/�6=6D /NAGN/wJE ._ 'a".Ocifl,ve 9 RESOLUTION NO. 126-83 .A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY APPROVING SUBLEASE ON PORTION OF LEASE . SITE 78 - 81W (GOLD NUGGET SEAFOODS, INC.) . THE CITY COUNCIL City of Morro Bay, California WHEREAS, the City of Morro Bay is the lessor of certain property on the Morro.Bay waterfront, described as Lease Site No. 18 .(78-81W)as shown_on Parcel'Map No.;MB 68-30; and WHEREAS, Ronald L. Myers is the lessee of said property; and WHEREAS, said lease provides that the consent of the City shall be obtained to any sublease of said property or portion.of said.property; and WHEREAS, said lessee has entered into a sublease agreement with Gold Nugget Seafood, Inc., a copy of sublease agreement has been presented to the City Council of.the City of Morro Bay; and WHEREAS, said lessee and sublessee have entered into an Agreement with the City of Morro Bay, a copy of "Consent and Sublease Agreement" has been presented to the City Council of the City of Morro Bay; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Morro Bay does hereby consent to the sublease of.a portion of said Lease Site No. 18 (78-81W) to Morro Bay Oysters., Inc. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular..meeting held thereof on the 24th day of October, 1983, by the following roll_call.vote: AYES: Lemons, Zeuschner, Shelton NOES: Risley ABSENT: None ABSTAIN: Anderson R..SHELTON, MAYOR ATTEST:. v 'PEG8WMCHXNAN., DEPUTY. CITY CLERK RESOLUTION NO. 125-83 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY COMMENDING GERALD M. MENDEZ. FOR HIS SERVICE THE CITY COUNCIL City of Morro Bay, California WHEREAS, Gerald M. Mendez has been employed with the City of Morro Bay Harbor Division since October 19, 1971, and has served admirably in that position since that time and will be -,leaving the City to take employment with..Port San Luis; and . WHEREAS, during his employment with the City, Mr. Mendez was responsible for aiding and assisting commercial- and pleasure. boaters in the Morro Bay Harbor and adjacent area; and WHEREAS, Mr. Mendez performed those duties in a most efficient and exemplary manner, seeing that not only the safety needs of said boaters were_ met. but also being of general a.s.sistance to the public at large and as such, earned the admiration of the public for his conciencious and dedicated manner; and WHEREAS, Mr. Mendez was also.one of the principals involved with the rescue of school, children from the San Mateo and to. that end, selflessly gave of'himself to see that those persons were brought to safety; NOW, THEREFORE, BE IT RESOLVED .that the City Council of the City of Morro Bay does hereby publicly commend and extend a unanimous vote of appreciation to Gerald. M.. Mendez for this service as Harbor Patrol Officer; and BE IT FURTHER RESOLVED that the Morro Bay City Council wishes the best of luck and happiness to Mr. Mendez with his new employment. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held thereof on the 24th day of October, 1983, by the following roll call vote: AYES: Anderson, Lemons, Risley, Zeuschner, Shelton NOES: None ABSENT: None ATTEST:" � •1 PEGG HA AM, DEPUTY. CI CLERK- ; `� I RESOLUTION 10. A RESOLUTION OF THE *ITY COUNCIL OF THE GERE W. SIBBACH UPON HIS RESIGNATION L2 y_ g 3 Da Action jD- S CITY OF MORRO"TAY COMMENDING FROM THE CITY OF MORRO BAY THE CI T Y COUNCIL City of Morro. Bay, California WHEREAS, Gere W. Sibbach has been employed with the City of Morro Bay Finance Department since December 22, 1980. and has served admirably in the .position of Finance Director since thattime and will be leaving the City to take employment with the County of San Luis Obispo; and WHEREAS, during his tenure, Mr. Sibbach was principally responsible for strengthening the City's financial condition and information processing by establishing a double, entry accounts system, organizing an effective records retention and retrieval program; and . WHEREAS, by laying the foundation for a fundamental financial program, Mr. Sibbach was also instrumental in providing for an effective data processing and reporting system for the City, recommended and conducted the first audits ever of the Embarcadero leases which.will provide for further strengthening of administrative control of those activities.; and WHEREAS, Mr. Sibbach was responsible for establishing separate enterprise fund accounting systems for sewer, water and Embarcadero funds and was:also responsible -for establishing an overhead and cost allocation plan for the City which greatly -reduced_ the financial stress on the General Fund.and was also responsible for the City's first comprehensive fee. study; `'NOW, THEREFORE, BE IT RESOLVED that the Morro Bay City Council does hereby publicly commend and extend a unanimous vote of appreciation to Gere W. Sibbach for.his. service as City Finance Director and Treasurer; and BE IT FURTHER RESOLVED, that the Morro Bay City Council on behalf of City staff and the community, wishes the best of luck and happiness to Mr... Sibbach. with his new employment. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a . regular meeting held thereof on the loth day of October, 1983, by a. unanimous roll, call vote.. EUGENE R.. SHELTON, MAYOR . . . ATTEST: PEGGY BU.CHANAN, DEPUTY CITY CLERK • n RESOLUTION NO. 123-83 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY REJECTING OFFER OF DEDICATION ON PARCEL MAP MB79-278 THE CITY COUNCIL City of Morro Bay, California WHEREAS, Parcel Map MB79-278 has an offer of dedication for street right-of-way.; and WHEREAS, past City policy has been to accept dedications only when fully improved; and. WHEREAS, the owner does not wish to make improvements on the area to be dedicated at this time; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Morro Bay rejects, without prejudice, this offer of dedication. BE IT FURTHER RESOLVED that the City Council authorizes the City Clerk to sign the certificate attesting to this action. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held thereof on the loth day of October, 1983, by the following roll call vote: AYES: Anderson, Lemons, Zeuschner NOES: None ABSENT: Risley, Shelton BUD ZEUSCItEy, MAYOR PRO-TEM ATTEST: RESOLUTION NO. 122-83 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY ESTABLISHING A TIME LIMIT FOR THE USE OF THE FREE ANCHORAGE AREA IN MORRO BAY HARBOR THE CITY COUNCIL City of Morro Bay, California WHEREAS, the City of Morro Bay Municipal Code Section 15.28.040 provides that Mooring,Zone A-1-5 in Morro Bay Harbor shall be reserved by the City to provide an anchorage and/or mooring area for transient vessels; and WHEREAS, Morro Bay Municipal Code Section 15.28.010 provides that all rules and regulations governing the use of mooring areas shall be established by resolution of the City Council; and WHEREAS, there is presently no formally established limit on the time a vessel may anchor in this area; and WHEREAS, there are other mooring and dockage facilities available in Morro Bay Harbor for vessels wishing to remain for long periods of time; NOW, THEREFORE, BE IT RESOLVED that no single vessel may use the free anchorage area in Morro Bay Harbor for loner than a total of 30 calendar days within any six-month period. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held thereof on the loth day of October, 1983, by the following roll call vote: AYES: Anderson, Lemons, Zeuschner NOES: None ABSENT: Risley, Shelton 01x-e% BUD ZEUSr%IER, MAYOR PRO TEM ATTEST: RESOLUTION NO. 121-83 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY ACCEPTING CERTAIN PROPERTY FROM THE CAYUCOS SANITARY DISTRICT THE CITY COUNCIL City of Morro Bay, California WHEREAS, the City Council has received a Corrected Grant Deed executed by CAYUCOS SANITARY DISTRICT correcting the legal description contained in that certain deed to the City of Morro Bay recorded April 28, 1983, in Book 2481, Page 678 of Official.Records and.granting to the City the property described on Exhibit A attached.hereto and incorporated by this reference; and BE, AND IT IS HEREBY RESOLVED by the City Council of the City of Morro Bay as follows: That the deed to said property is hereby accepted and the City of Morro Bay consents to recordation of said deed by its duly authorized officer. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held thereof on the loth day of October, 1983, by the following roll call vote: AYES: Anderson, Lemons, Zeuschner NOES: None ABSENT: Risley, Shelton 4 •• • ATTEST: i&4&0aot PEGG ANAN, DEPUTY CITY CLERK RECORDING REQUESTLOBY: If WHEN RECORDED RETURN.TO: MICHAEL T. LeSAGE A PROFESSIONAL CORPORATION P.O. Box 306 Paso. Robles, CA 93446 MAIL TAX STATEMENTS TO: City of Morro Bay 595 Harbor Morro Bay, CA 93442 APN: DOCUMENTARY TRANSFER TAX: NONE -NO CONSIDERATION Title. CORRECTED GRANT DEED CAYUCOS SANITARY DISTRICT, a Political Subdivision of the'State of California, hereby grants to the CITY OF MORRO BAY, a Municipal Corporation, an undivided forty percent interest in and to all that property situated in the City .of Morro Bay, County of San Luis Obispo, State of California, described as follows: (CORRECTED LEGAL DESCRIPTION ATTACHED AS EXHIBIT A) This deed is executed•, delivered, and accepted in lieu of and in correction of that certain deed dated April 14, 1983, between the parties hereto recorded April 28, 1983, in Book 2481, Page 678, of Official Records of said County, in which said deed, the description of property appurtenant to the easement reserved was erroneously described. •This corrected deed is executed pursuant to Agreement dated October 25, 1982. DATED:'2' CAYUCOS SANITARY DISTRICT BY: Presiden t ETHEL GIRARD, Secretary ti STATE OF CALIFORNIA ) ss COUNTY OF SAN LUIS OBISPO ) On 1983, before me, a Notary Public j_n and o sai ounty and State, personally appeared �J known to me to be the President, and ETHEL IRARD, known to me to be the Secretary of CAYUCOS SANITARY DISTRICT, known to me to be the persons who executed the within instrument on behalf of CAYUCOS SANITARY DISTRICT, and acknowledged to me that CAYUCOS SANITARY DISTRICT executed the within instrument pursuant to a resolution of its Board of Directors. WITNESS my hand and official seal. M91FIV AtuN SCALISE -; lr ri 3• HOT.601 PUBLIC saia LUsS csFG eoi*-rr )1 t8y CommEssion Exgros on January 23, 15BS - (Name typed or printed) Notary_Public in and for said County and State. -2- EXHIBIT A (1•LAINTEI:ANCE- YARD, PARCEL 3) Being.a portion of Blocks 28A, 28B, 28C, 66th, 67th 68th L 69th Streets of Atascadero Beach Subdivision in the City of t.forro pav as shown on Map filed for record in .the County Recorders Office of the County of San Luis Obispo in nook 2 of Maps, Pg 15 and more Particularly described as follo',s: Beginning at. the intersection of.the southerly line of Atzsc"; Rd (formerly the Centerline of 66th Street) and the westerly of Lot 19 of Block 28A of the previously described subdivision, said point of intersection being the true point of beginning, thence along said westerly line of Lot 19 L- Lot 28; S08048'E, 120 feet, thence; S81'12'il', 210' feet, thence; S08'd8'E, 340 feet to the Centerline of 69th Street, thence along said Centerline; -S81012'R',. 78.00 feet, 'thence; -NO8048'l9, 180.00 feet., thence; =S81'12'W 25.00 feet, thence; > -NO8048'lY, 280.00 feet, to .the southerly line of Atascadero Rd, thence along said southerly line; N81`121E, 333.00 feet, to the true point of beginning; reserving therefrom a non-exclusive easement for road Purposes, pipeline,. utility, and any uses appurtenant to the operation and maintenance of the wastewater treatment plant, including incidental rights of access, and entry for repair, maintenance, or reconstruction. Said.easement being 50' in width and more particularly described as: Being a portion of Block 28C of Atascadero Beach subdivision as recorded in Map Book 2, Page 15, in the office of the County Recorder of the County of San Luis Obispo, more particularly described as: Beginning at the intersection of the easterly line of lot 28, Block 28C, and the centerline of 69th Street, thence along said Centerline S81°12'W, 250.00 feet to the true point of beginning, thence; along said Centerline. S81012'11', 78.00 feet, thence; N08048'ls, 50.00 feet, thence; N81'12'E, 78.00 feet, S08048'E, 50.00 feet to the :rur _pint of beginning. Said non-exclusive f - or the benefit o: a:.d s appurtenant to ti'r. rca: . . ;rc:• described on Exhibit 2 this deed :+hicr: is a;.tac:, d e5 ca�••s 2, 3 and 4 of this iecai d eSCriDtlOn. t•i0 r•RO 3;:Y adr(-es not Lo vlace any encroachr:ar,ts the easement area, oiler thLn E-:ODora r', parking- Or VGh1Cle t t_m:Jorary StOrdCe 0= :adter1815 '.:hlCtl Dili tie r:3•,.ed by "•��'7�� -:.v w_.:_. • el-_ht ,cl i?G LZS not_ _ Dl Li:- i.. s SAN - ^T. . of _ ii^O ^ ITAR'i DIS. ':... -1- EXV,191T A r EXHIBIT "B" (MORRO BAY 14ATFRIALS I.,EASE SITE, PARCEL 4) Being a portion of Blocks 28A, 28B, 28C, 67th, 68t:h, & 69tb Streets of Atascadero Beach Subdivision -in the City of ).forrb Bay as shown on )dap filed for record in the County Recorders Office of the County of San Luis Obispo in Book 2 of 2.faps, Pg 15 and more particularly described as follows: Beginning at the intersection of the southerly line of Atascadero Rd, (formerly the Centerline of 66th Street) and the easterly line of Lots 19 and 28 of Block 28A of Atascadero Subdivision previously described, said point of intersection being the true point of beginning, tbence; S8048'E, 460.00 feet to the Centerline of 69th Street, thence along said Centerline; S81012'W, 250.00 feet, thence; N80481W, 340.00 feet, thence; .N81�12'E, 210.00 feet, to the westerly line of lots 19 & 28 of aforementioned Atascadero Subdivision, thence; N8048'W) 120.00 feet to the aforementior-d sout:.'arly line of Atascadero Rd., thence along saio southerly line N81012'E, 40.'00_feet to the true point of beginning. (TREATMENT PLANT, PARCEL 2) Being a portion of Block 28A, 20"B, 28C, 67th, 68th, L 69th Street of Atascadero Beach Subdivision in the City of Morro Bay as shown on Map filed for record in the County Recorders Office of the County of San Luis Obispo in Book -2 of Maps, Pg 35 and more particularly described as fo))o%s: Beginning at the intersection of the centerline of "C" Street and j the southerly line of Atascadero Rd. (foil-nerly the Centerline of O6th Street) as shown on the nforc;ner,tioned subdivision reap said point of intersection being the true point of beginning thence; 1:51'-12'E, 382.00 feet Tong said s-()utherly l ine, thence; S080,:81E, 280.00 feet, thence; N81012'E, 25.00 feet, thence; SOo`481E, 180.00 feet to the Centerline of 69th Street, thence along said Centerline; Sc:'_`12'i;, _07.00 feet, to the Ce:nte:rline of "C" Street thence; i�0o`SS'n, 460.00 I eet to the true point of badinning. EXH2"IT fl (DESCRIPTION OF PROPERTY APPURTENANT 1-0 THE EASEMENT DESCRI3EB- ON PAGE 1 OF LEGAL DESCRIPTION - NOT GR•iNTED) (ja-EJi(.1Y PARC,L, ?aRCBL 1) o That portion of "The Speedway" in the City of Morro Bay, County of San Luis Obispo, State of California, as shown on map recorded July 21, 1917, in Book 2, Page 15 of Laps in the Office of the County Recorder of said County bounded by the following described lines: , t On the North by the westerly prolongation of the center line of 66th Street, as shown on said map; On the East by the westerly line of "C" Street as shown on said map; On the South by the westerly prolongation of the center line of 69th Street, as shown on said map; and On the West by the ordinary high tide line of the Pacific Ocean. I EXl�l�li � -3- (DESCRIPTION OF PROPERTY APPURTENANT TO THE EASE. -ENT DESCRIBED ON PAGE 1 OF LEGP? DESCRIPTION - NOT (PARCEL SA) PLANT EXPANSION SITE Being a portion of* Block 'LSD, 69th Street L 70th Street of Atascadero Beach Subdivision in the City of i.forro Bay as shown on Map. filed for record in the County Recorders Office of the County of San Luis Obispo in Book 2 of ?Raps, Pg 15 and more particularly described as follows' Beginning at the intersection of the Centerline of "C" Street znd the Centerline of 69th Street, said point of intersection being the true point of begir,nirg, thence; -N81012'E, 407.00 feet, along said Centerline of 69th Street, thence; 'SO8048'E, 150.00-feet to the intersection with the Centerline of 70th Street, thence; " -S81°12'17, 407.00 feet along said Centerline of 70th Street, thence; -NOS*48-'17, 150.00 feet to the true point of beginning. (PARCEL 5C) PARCEL ADJOINING LEASE SITE Beginning at the intersection of the Centerline of 69tb Street and ...the westerly line of lots 20 L.27 of Bloc], 28D of aforementioned map', said point of intersection being the true point f b thence; '� SO8E _'48', 150 feet 70th.Street,'thence S81'12'1S, 250 feet, NOS°48'1S, 150 feet 69th Street, thence -N81012'E, 250 feet o eginning, to the Centerline of aforementioned along .said Centerline; thence; to the Centerline of aforementioned along said Centerline; to the true point of beginning. a` ;M1j1 tt i -S- DES �.i _.7. .:.1 TO THE E,SEK:.... ULS.r.--, ON P?.G_� 1 0- L =?, J�SCaI?; IOi - NOT G .1' :. �D) 6 4 RESOLUTION NO. 120-83 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY EXPRESSING SUPPORT OF THE CALIFORNIA DEPARTMENT OF TRANSPORTATION PROPOSAL TO LANDSCAPE STATE HIGHWAY 1 WITHIN 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 Council of the City of Morro Bay, California did on September 26, 1983 review a proposal by the California Department of Transportation to landscape portions of State Highway 1 within the city limits of the City of Morro Bay; and, WHEREAS, after said review, the City Council did find the following facts and reasons to support the approval and implementation of said proposal: That the proposed landscaping project will significantly enhance the visual quality of the Highway 1 right-of-way in Morro Bay, which will benefit not only the residents and businesses of the City but also the numerous visitors to this region which travel on Highway 1. That the City of Morro Bay Planning Commission has reviewed the proposed project and found it to be in conformance with the City's certified Coastal Land Use Plan and General Plan and is explicitly encouraged by adopted City policies in the Coastal Plan and the Scenic Highways Element of the General Plan. 3. That the project will be eligible for available water equivalencies and is afforded high priority in the City's water allocation program. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay, California that the City Council does hereby express its support of the California Department of Transportation (Caltrans) proposal to landscape portions of the State Highway 1 right-of-way within the city limits of the City of Morro Bay and does hereby encourage Caltrans to approve and implement .this highly beneficial and clearly needed project. RESOLUTION NO.120-83 - page 2 PASSED, APPROVED AND ADOPTED, on the 26th day of September, 1983 by the following vote, to wit: AYES: Lemons, Risley, Zeuschner, Shelton NOES: None ABSENT: Anderson ro; 101 ✓�� / _ ATTEST: C Rh. P UL BAXTER, City Clerk RESOLUTION NO. 119-83 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY ADOPTING THE TRANSPORTATION DEVELOPMENT PLAN (TDP) T H E C I T Y C O U N C I L City of Morro Bay, California WHEREAS, the purpose of the TDP is to formulate goals, objectives, and policies for transit service level, capital improvements, financial projection, and mode -of -operations relating to the Morro Bay Dial -A -Ride system; and WHEREAS, the TDP would be beneficial to the City in that it will assist in charting out local transit services for Morro Bay for the next five years, and will ultimately be integrated into the Regional Transportation Development Plan. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay to adopt the TDP Agreement and all addenda attached hereto and marked "Exhibit All of this document. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held thereof on the 26th day of September, 1983, by the following roll call vote: AYES: Lemons, Risley, Zeuschner, Shelton NOES: None ABSENT: Anderson r U SHELTON, Mayor ATTEST: P UL XTE , City Clerk ADDENDUM TO THE SHORT RANGE TRANSPORTATION DEVELOPMENT.PLAN FOR THE CITY OF MORRO BAY . 1983 - 1988 Alternative Systems This Transportation that the Morro Bay to the community. Development Dial -A -Ride Plan (TDP) is based on the assumption provides a needed and effective service Based on.an assessment of the needs of potential users, service area characteristics, systems costs, productivity and anticipated demand levels, it was determined initially. by the 1975 TDP that demand - responsive transit (DRT), i.e. a Dial -A -Ride system, would best meet the City's transit requirements. The following discussion is from the 1975 TDP: "An in-depth study was conducted relative to the two basic transportation modes (DRT versus fixed route modes), and it was decided after careful evaluation tha.t.;:due to the terrain and low population density, it was impractical to utilize a fixed route system. The disadvantages of the fixed route system are: 1. It takes too long to complete one cycle to the north; people will not accept a once -an -hour bus for routine shopping trips. 2. Due to terrain, people must walk four or five blocks uphill, either to or from the bus stop. Statistics indicate that people will not walk in excess of four blocks, especially senior citizens. In a qualitative vein, DRT is recommended over an all -fixed -route system or a combined DRT and fixed - route system for several reasons: A-1 1. The density of demand for public transport in Morro Bay is expected to be low as it is in most small California communities. Under this condition, fixed route systems are not as cost effective as demand -responsive systems. 2. The high proportion of elderly residents in Morro Bay (42% are 55 years or older) indicated that the elderly will comprise a substantial portion of the .system's users --perhaps even a majority. The 1971 White House Conference on Aging found the elderly to acquire characteristics which strongly indicate that specialized transportation, such as DRT, rather than conventional fixed -route services are necessary before the transportation system can fulfill their needs. 3. A fixed -route .with comparable numbers of vehicles in service would not be accessible to all Morro Bay residents, —that is, a substantial number will have either their trip origin or destination more than four blocks from a bus stop. The DRT system, on the other hand, will be accessible to 100 percent of the population." The underlying assumption of this TDP then is the choice of a demand - responsive system for Morro Bay, based on considerations of geography and demographics. Additionally however, it should be noted that the. City Council's Ad Hoc Transportation Committee of 1983 (discussed in the body of this report) studied the possibilities of using station wagons or subsidized taxis as alternatives to the existing Dial -A -Ride. Both of these options were found to be infeasible at this time, as discussed in Appendix B. Comparisons with other Cities Transit is site -specific, as evidenced by such determining factors as geography and population. While comparison of the various performance indicators customarily used to evaluate transit is possible, adjustments to account for locational factors would be necessary for such comparisons to be even minimally useful. A-2 An in-depth comparative study was beyond the scope of this project, although several other communities including Lompoc, Turlock, Roseville, Marysville and Atascadero, as well as San Luis Obispo County's pilot South Bay Dial -A -Ride, were contacted for suggested operational improvements. Some of these suggestions, such as marketing techniques for example, are incorporated into�the five-year plan for Morro Bay. The TDP recommends regular evaluation and monitoring of the system by a committee including the .transportation provider, City personnel involved in transit, and a representative of the Ad Hoc Transportation Committee. A further recommendation of this report would be the continuation of the Ad Hoc Committee to conduct a study of other demand -responsive systems if deemed desirable by the City Council. Other Additions and Corrections The following other additions and corrections should be amended to this document: Acknowledgement page: Correct spelling of Vic Kamhi. All tables are organized by fiscal years. Addition to Page 6, insert following Item no. 3:' 4. The Senior Van Program provides transportation to senior citizens to San Luis Obispo for medical, business and other purposes. Correction to Page 6, paragraph 1: "Until August 1, 1983 the system operated weekdays from 7:00 a.m. to 7:00 p.m.; Saturdays from 9:00 a.m. to 6:00 p.m.; and all holidays except Thanksgiving, Christmas, and New Year's Day. The Senior .Van operated twice a week, on Monday and Thursday." Correction to Page 6, paragraph 3: "These changes went into effect August 1, 1983. The system now operates as follows: Weekdays from 7:00 a.m. to 6:00 p.m." Qs] L n Page 11, Section 2.5 Revenues and Expenditures: The. Local Transportation Fund (LTF) is derived using the following formula: Population of Morro Bay Total retail sales for the County x .25 x Population of the County The State Transportation -Assistance (STA) Fund is essentially a legislative apportionment which is loosely tied to the gasoline tax. (That is, it is essentially a discretionary apportionment by the State Legislature.) In this section, discretionary funding refers to that based on priorities established by the disbursing agency, rather than by. legislative criteria. Some of the factors which may be involved in -setting priorities for discretionary funding are population, need, and timing (i.e. coordination of projects with availability of funds). The State Transportation Development Act was enacted in 1972. The Urban Mass Transportation Act dates from 1964, as amended Section 18 ..was enacted in 1978. _ Addition to Page 17, following. paragraph 1: "Allocation of Section 18 .Funds' -is determined, however, by a program of priorities established by the Area Council of Governments. Priorities for these funds is currently for capital costs.!' Pages 13 and 14: These graphs were used to illustrate hourly and daily ridership trends, rather than to provide discreet data. Analysis of current data showed similar characteristics. Therefore, these graphs, while actually depicting data between 1977 and 1980, are adequately representative of the system to the present time.-. Page 16: SB 620 was a one-time grant called the State Transportation Secretary's Discretionary Fund. Addition to Page 18, Item no. 2, last phrase: "...without increasing costs beyond inflationary factors." Addition to Page 27, insert following the first paragraph: "(It should be noted that the fare for this program was raised in August, 1983 from $.50 to $1.50 per trip, an increase of 300%.)" Page 30: Morro Bay's population growth rate is estimated to be approximately 1% per year for the next five years. A-4 Correction to Page 32, paragraph 2: "The likelihood of accidents in this area is also significantly higher in summer months." Total accidents for the system numbered 7 from July, 1980 to August,' 1983. A-5 Cl 0 L Vl n N P N N V n m N N U O I .1 n VI .� •O N �l •O n P m U P M H r.l r1 N 9 M a q m O O O O m O m 13 O 1 C C u w m v O n n n r m q P .-I .•1 N V n .-1 V W ..I •y H N N M: q H .1 •-I N N q M H n m N •O P •O Jl m m m 0 I n .•1 N n n n H m O N ti .� • m .O P N N - •O m C• M M p V� V N N NH n N O m N n O H P O 0 0 I n •O •O n Nl I1 V b •O P m O V •O O m n P N P .� n N •O N •.I H r1 N M M P p V n P P ul V n N N n O m H O C m P •y -I •"I H >>\ ry M a .O F W 11 Im'I m.Oiv m h N odr a t ' •�•. � a W p P P H .-1 ' N O O � w p L •-I .M M M r-1 �Nn n ONN h n n d 'i P P OJ m n N •O �a ,o �n v P •o 0 n •o n � 00 8 � • P P n O .O •O r1 M 1 N n V m m P n ti y M 1 1 n 1 n P V V rl M n m m 1 n rr H O 1 n n I N n n n P [•1 n H 1A F W M 0 0 w N. H q rl b P N m• 0 0 0 •O n.o HOO � O P H O O H � n a H Z C% T V F<F H (H(]] � W u � SFF<•� O Z V b U W O N N i A-6 EXECUTIVE -SUMMARY Purpose Public transportation in Morro -Bay is provided by a Dial -A -Ride system which began operations in-,1977. -The purpose of this Short Range Transportation Development- Plan (TDP) is to assist the City in making -decisions regarding delivery of transit services for fiscal year 1983- 84 through 1987-88. The TDP. includes a description and evaluation of existing transit services; a set of goals and objectives for -improvements to the system; and projected operating and capital budgets as a framework for decision making regarding provision of transit service over the next five -"years. Existing Service Dial -A -Ride is managed by. the City of Morro Bay which contracts with Cal Coast Charter, a private transportation provider, to operate the system. The City of Morro Bay owns and maintains all vehicles and support facilities needed by Dial -A -Ride. The system is a demand -responsive, i.e. door-to-door transportation service, which operates within the City of Morro Bay from 7:00 a.m. to 6:00 p.m. on Monday through Friday, 'and from 9:00 a.m. to 1:00 p.m. on Saturday. In addition, a Senior Van Program provides transportation for senior citizens to San Luis Obispo once a week for medical, business and other purposes. The fare for Dial -A -Ride service is $.60 one way. Elderly and handicapped passengers pay a discounted fare of $.50 per trip. E-1 9 0 Children five years old and under ride free with a fare -paying passenger. Fare for the Senior Van is $1.50 one way. Goals The goals for Dial -A -Ride define in general terms the targets toward which the system aims its planning, operating and monitoring efforts. The following five year goals have been established for Morro Bay's Dial -A -Ride: 1. Improve the efficiency (cost/revenue) of transit operations. 2. Provide reliable transit service for users including the elderly, handicapped, youth and other users whose economic status restricts their use of a private automobile, without increasing costs beyond inflationary factors: 3. Improve the statistical data base on which decisions regarding transit,system operations and administration can be based. 4. Provide adequate sources of revenue to insure continued �,_proV.ision--of transit services and permit implementation of increased seriVdes.on the basis of proven need. 5. Improve the level of public awareness of transit as an `alternative to the automobile, _and -of the benefits to the individual .and the community. 6. Maintain a safe operating condition for all vehicles and a high quality appearance for all -transit -related facilities. Specific objectives and performance indicators, or criteria, were developed to provide guidelines for reaching goals and standards for measurement of objectives. System Evaluation An evaluation of the Dial -A -Ride system addresses the areas of management, service efficiency and effectiveness standards, maintenance, marketing and public relations, and financial stab.ility. These are measured against the performance indicators established in the previous section. The strengths. and weaknesses of the system are outlined in this section.. E-2 • 0 Five Year Plan Specific service, management, and financial planning options to meet goals and objectives are presented in the Five Year Plan. 'Certain assumptions, such as expected levels of ridership, costs of operations, and future funding for transit were used in developing the Five Year Plan. Following is a summary of the elements of the Five Year Plan: 1. Service This section describes service levels which can be considered in the next -.five years based on availability of funding, ridership trends, and the -level of City financial- support. Two service options are presented: Limited, which would eliminate Saturday service and the -Senior Van Program; and Status Quo, which would continue present service levels. Additional.rec.ommendations to improve service, such as a "scatter/gather" technique, are included. 2'.' Marketing - Ihis: section suggests methods which could be used to obtain additional riders, retain current ridership, and develop strong community support for. '.-'transit. Recommended `strategies include broader distribution of ,.informational materials; development of a transit system logo; inbolvement of the business community in marketing activities; and an -allocation for transit advertising in the municipal budget. 3. Management Proposals for recordkeeping efficiences are set forth in this section. City operation of the transit system is also examined. 4. Financial The financial plan describes the estimated financial, picture for the proposed service levels for the next five years and presents alternative methods of bridg.ing the gap between revenues and expeditures. The capital plan proposes capital expenditures which will be required to meet projected levels of service. E-3 C] • TABLE 7 ESTIMATED FIVE YEAR OPERATING AND CAPITAL FINANCIAL PLAN - - (LIMITED SERVICE SCENARIO) , 1983-84 1984-85 1985-86 1986-87 1987-88 REVENUES . - ... ' General Fund ' $ 63,600 $ 50,000 $ 50,000 $ 50,006- $ ---- Interest 4,000- 4,000 4,000 4,000 4,000 _ Passenger Fares 30,590 30,632 31,245 38,812 39,590 '- TDA: LTF--127,650 - 135,309 142,074 149,178 156,637 ". - STA .... 22,500 23,600 24,800 26,000 27,300 - Other _ 100 ---- ---- ---- ---- TOTAL .�$248,440 $243,541 $252,119 $267.990 $227,527 -- - EXPENDITURES - - - Operating and Maintenance Costs $148,300 $150,336 $162,362 $175,352 $164,120 _ Advertising 1,550 1,550 1,550 1,670 1,670 ' Contributions to JPA ... (Regional Handicapped - and North Coastal) :� 25,335 29,415 31,765 34,310 29,020 _ _ -. Administrative Fund Transfers - .40,140 43,350 46,800 50,560 54,600 Contingency - 20,190 5,000 5,000 5,000 5,000 TOTAL '$235,515 $229,651 $247,477 $266,892 $274,410 Balance (Deficit) $12,925 $13,890 $ 4,642 $ 1,098 ($46,883) Capital Expenses ---- ( 30,000) ---- ( 60,000) ---- UMTA Capital Grant - ---- 24 000 ---- 48,000 ---- CUMULATIVE BALANCE (DEFICIT) _ $12,925 $ 7,890 $ 4,642 ($10,902) ($46,883) NET TRANSPORTATION FUND BALANCE (TDA RESERVES) $51,646 $59,536 $64,178 $53,276 $ 6,393 37 TABLE 8 ' ESTIMATED FIVE YEAR OPERATING AND CAPITAL FINANCIAL PLAN - (STATUS QUO) ,- 1983-84'- 1984-85 1985-86 1986-87 1987-88 . ' REVENUES - -_ General Fund $ 63,600 $ 50,000 $ 50,000 $ 50,000. $ 83,476 Interest 4,000 4,000 4,000 4,000 4,000 ' -- Passenger Fares - 30,590 32,792 33,446 A1,487 42,517 TDA: LTF --127,650 135,309 142,074 149,178 156,637 _ STA 22,560 23,600 24,800 26,000 27,300 -- Other •_. - 100 -`-- ---- ---- ---- TOTAL -.$248,440 $245,701 $254,320 $270,665 $313,930 - EXPENDITURES _ - - _ Operating and ' Maintenance Costs -$148,300 $169,992 $183,591 $198,278 $214,141 ' Advertising - --, 1,550 1,550 1,550 1,670 1,670 Contributions to JPA ' (Regional Handicapped and North Coastal) -_: 25,335 29,415 31,765 34,310 29,020 Administrative Fund - Transfers, -- _ 40,140 43,350 46,800 50,560 54,600 Contingency ". -__ 20,190 5 000 5 000 5,000 5,000 TOTAL '. $235,515 $249,307 $268,706 $289,818 $304,431 Balance (Deficit) $12,925 ($ 3,606) ($14,386) ($19,153) $ 9,499 Capital Expenses ---- ( 60,000) ---- ( 60,000) ---- UMTA Capital Grant - - ---- 48,000 ---- 48,000 ---- CUMULATIVE BALANCE (DEFICIT) - $12,925 ($15,606) ($14,386) ($31,153) $ 9,499 NET TRANSPORTATION ' FUND BALANCE (TDA RESERVES) - $51,646 $36,040 0 $21,654 ($ 9,499) $ -0- 0 :TABLE 9 ESTIMATED FIVE YEAR CAPITAL BUDGET 1983-84 1984-85 1985-86 1986-87 1987-88 $ ---- $65,700 $ ---- $48,000 $ ---- - 16,-425 ---- 12,000 ---- $ --= $82,125 $ ---- $60,000 $ ---- Replacement Vehicles $ -=- __$60.,000 $ ---- $60,000 $ ---- Radio Communications Replacement Package Vehicle Spare Parts Package TOTAL ----. 20,000 ---- ---- ---- ---- 2,125 ---- ---- $ ---- ._ $82,125 $ ---- $60,000 $ ---- 41 6 6 RESOLUTION NO. 118-83 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY REQUESTING THE NUCLEAR REGULATORY COMMISSION TO CONSIDER TESTIMONY REGARDING THE DIABLO CANYON NUCLEAR POWER PLANT GIVEN AT THE,OCTOBER 24, 1983 HEARINGS IN THE CITY OF SAN LUIS OBISPO THE CITY COUNCIL City of Morro.Bay, California WHEREAS, the City of Morro Bay expresses concern regarding construction safety, seismic safety, evacuation plans, and related features which encompass the siting of the Diablo Nuclear Power Plant in proximity to this City; and WHEREAS, further hearings regarding Design Quality Assurance for the Diablo plant will be held in the City of San Luis Obispo on October 24, 1983, to review all corrections to plant defects identified earlier; and WHEREAS, these hearings are vital to local citizens who have expressed concern for plant safety, and at that time the presentation of said corrective. measures will serve to reassure the public relative to plant construction; and WHEREAS, the information provided at the hearings should be the basis from which the Commission should draw conclusions before their consideration of reinstatement of any licensing of the Diablo Canyon Nuclear Power Plant; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay that the information obtained from the October 24, 1983 hearings be.taen into consideration 'regarding licensing questions for the Diablo Canyon Nuclear Power Plant. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held htereof on this 26th day of September, 1983 by the following roll call vote: AYES: Lemons, Risley, Zeuschner, Shelton NOES: None ABSENT: Anderson 4;R.j� SHELTON, MAYOR ATTEST: PEGGY BUCHANAN, DEPUTY CITY_CLERK RESOLUTION NO. 117-83 RESOLUTION OF INTENTION TO APPROVE AN AMENDMENT TO CONTRACT BETWEEN THE BOARD OF ADMINISTRATION OF THE PUBLIC EMPLOYEES' RETIREMENT SYSTEM AND THE CITY COUNCIL OF THE CITY OF MORRO BAY THE CITY COUNCIL City of Morro Bay, California 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 and their employees to amendments to said Law; and WHEREAS, one of the steps in the procedure to amend this contract is the adop- tion 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 con- tain a summary of the change proposed in said contract; and WHEREAS, the following is a statement of the proposed change; To provide Sections 21380-21387 (1959 Survivors Program) excluding Section 21382.2 (Increased 1959 Survivors benefits) for local fire members only; WHEREAS, proposed change was a mutually -agreeable benefit approved between the City of Morro Bay and the Morro Bay Firefighters Association, IAFF, Local 1855, during 1983 meet and confer sessions. 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 said governing body 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 City of Morro Bay at a regular meeting thereof held on the 12th day of September, 1983, by the following roll call vote: AYES: Anderson, Lemons, Risley, Zeuschner, Shelton NOES: None ABSENT: None ATTEST: 6 6 RESOLUTION NO. 116-83 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY ANNOUNCING FINDINGS AND APPROVING AN AMENDMENT TO THE COASTAL LAND USE.PLAN THE CITY COUNCIL City of Morro Bay, California WHEREAS, the City Council of the City of Morro Bay, California, did on the 12th day of September., 1983, hold a duly noticed PUBLIC HEARING to consider an amendment to the certified. Coastal Land Use Plan changing the land use plan map as depicted on Exhibit_"A"; and WHEREAS, at said public hearing, after considering the arguments of all persons, if any., wishing to testify, the City Council did find the following facts and reasons to justify said Coastal Land Use Plan amendment: 1. The proposed amendment will contribute to the orderly and harmonious growth of the City of Morro Bay; and 2. The proposed amendment is in compliance with Division 20 of the California Public Resources Code, the California Coastal Act.. 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 findings of the Council in this matter; and 2. That the Council does hereby approve Case No. LUP01-83-A, an amendment to. the Coastal.Land Use Plan changing the land use map as depicted in Exhibit "A", incorporated by this reference. PASSED.AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held.thereof on the 12th day of September, 1963, by the following roll call vote:. AYES: Anderson, NOES: None ABSENT: None ATTEST: Lemons, Risley, Zeuschner, Shelton ��rCHANAN, 'DEPUTY CITY CLERK :; i • Exhibit. ._-' A i_of 2 p9• FIGURE 1 Area Existing Designation Proposed Change 1 High density residential Medium density residential 2 Medium density residential Low density residential 3 Low -medium density residential Medium density residential FIGURE 2 Area Existing Proposed Designation Change 4 Visitor -serving commercial Light industrial with interim use suffix* 5 Light industrial Visitor -serving commercial 6 Visitor -serving commercial Light industrial with interim use suffix* 7 Light industrial Light industrial with interim use suffix* *Note: Interim use suffix would allow visitor -serving and recreation uses on a temporary basis in these areas. Exhibit "Au PQ. 2 of 2 FIGURE, 3 . I Area Existing Proposed Designation Change 5. 8 Service commercial District commercial \\ BEeC^ ❑ ❑ ❑ L' 9 Service commercial Visitor -serving commercial �� j� ❑❑❑ M�A�OI. rhp_n_r r-1 r Jo. t FIGURE.4 Area Existing Proposed, Designation Change I ^" 10 Medium density residential Low -medium density residential , 0. • RESOLUTION NO. 115-83 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY REQUESTING THE CALIFORNIA COASTAL COMMISSION TO EXCLUDE SINGLE FAMILY RESIDENCES IN CERTAIN GEOGRAPHIC AREAS FROM COASTAL DEVELOPMENT PERMIT REQUIREMENTS THE CITY COUNCIL City of Morro Bay, California WHEREAS, Public Resources Code Section 30610 (e) provides for the California Coastal Commission, upon making certain findings, to exclude any category of development within a specifically defined geographic area from the coastal development permit requirements; and WHEREAS, the City of Morro Bay has been issuing coastal development permits pursuant to Public Resources Code Section 30600.5 for several months; and WHEREAS, based particularly on that coastal permit issuing experience, the City has concluded that for single family residences, for which water equivalencies have been awarded in accordance with the approved.Water Allocation Model and located in certain existing residential areas, there is no potential for any significant adverse effect, either individually or cumulatively, on coastal resources or on public access to or along the coast; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Morro Bay does hereby request that the California Coastal Commission exclude from coastal development permit requirements the following category of development: Detached single family residences on individual lots for which any necessary water equivalencies have been awarded by the City in accordance with the approved Water Allocation Model as referenced in Policy 3.01 of the certified Coastal Land Use Plan and located in the following specifically defined geographic areas: Those areas currently in an R-1 single family residential zone and outside the Coastal Commission Original Jurisdiction Area. These geographic areas are depicted on Exhibit "A" attached hereto and made a part hereof by this reference. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held thereof on the 12th day of September, 1983, by the following roll call vote: AYES: Lemons, Risley, Zeuschner, S ton NOES: None ABSENT: None ABSTAIN: Anderson R. SH [TON, MAYOR ATTEST: c 0 RESOLUTION NO. 114-83 RESOLUTION APPROVING AWARD OF CITY CUSTODIAL SERVICES CONTRACT TO COASTAL CARPET CLEANERS THE CITY COUNCIL City of Morro Bay, California WHEREAS, the City of Morro Bay has requested and received bids for Custodial Services; and WHEREAS, the low bid was submitted by Coastal Carpet Cleaners of Morro Bay in the amount of $2,150.00 per month; and WHEREAS, Coastal Carpet Cleaners is the lowest responsible bidder. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay that Coastal Carpet Cleaners of Morro Bay is hereby awarded the bid for City building custodial services in accordance with the conditions and specifications outlined in the bid documents of Bid No. PR-83-245. PASSED AND ADOPTED by the City of Morro Bay at a regular meeting thereof held the 12th day of September, 1983, by the following roll call vote: AYES: Anderson, Lemons, Risley, Zeuschner, Shelton NOES: None ABSENT: None ATTEST: PAUL BAXTER, City Clerk RESOLUTION NO'. 113783 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, CALIFORNIA, HONORING CUESTA COLLEGE UPON THE TWENTIETH YEAR OF OPERATION THE CITY C.0 U N C I L City Of -Morro Bay, California WHEREAS, on April 16; 1963, the San Luis Obispo County Community College District was organized for the purpose of providing educational opportunities for residents of the County; and WHEREAS, the District through its facility at Cuesta College. initiated day and evening _classes in September.1965 in'temporary facilities; and WHEREAS, through significant public support, the Board of Trustees and ',staff have provided for.the planning and.development of an out- standing.education facility serving the. entire County; and. WHEREAS, on Friday, September 23, 1983, Cuesta College is hosting a' -celebration commemorating their —twentieth year of continuous operation offering presentations and tours of the facility; ` NOW, THEREFORE,.BE IT RESOLVED, that the City Council of the City''of'Morro Bay offers their -congratulations, and commends. the Board of.Trustees and Staff for providing to the citizens of this County an exceptional educational experience. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held thereof on the 12th. day of September, 1983, by the following roll call vote: AYES: Anderson, Lemons, Risley, Zeuschner, Shelton NOES: None ABSENT: None ATTEST: A PEG CHANAN, DEPUTY CITY CLERK RESOLUTION NO. 112-83 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY TO AWARD BID NO. PW83-84 FOR MAINTENANCE OVERLAY ASPHALT TO KAISER SAND AND GRAVEL COMPANY OF SAN LUIS OBISPO, CALIFORNIA 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 had publicly advertised and opened bids on September 1, 1983, for said asphalt supply; and WHEREAS, the City Administrator recommends the award to Kaiser Sand and Gravel of San Luis Obispo; and WHEREAS, this bid represents reasonable costs for goods and services needed for the City for the Asphalt Overlay Program; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay that Kaiser Sand and Gravel Company of San Luis Obispo, California, be hereby awarded the contract for the overlay asphalt supply. PASSED AND ADOPTED by the City Council of the City of Morro Bay at their regular meeting held thereof on the 12th day of September, .1983, by the following roll call vote: AYES: Anderson, Lemons, Risley, Zeuschner, Shelton NOES: None ABSENT: None ATTEST: PATJ� B :sTrY,a Mrrk7— RESOLUTION NO. 111-83 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY APPROVING TRACT MAP NO. 951 - SEA HARBOR VILLAS T H E C I T Y C O U N C I L City of Morro Bay, California WHEREAS, Morro Bay Municipal Code Title 16 requires the preparation of a final tract map for subdivision; and WHEREAS, Title 16 of the Morro Bay Municipal Code requires that certain documents and fees be submitted at the time of filing the map; and WHEREAS, Tract Map No. 951 meets all of the requirements of Title 16 and all documents and fees have been submitted as required. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Morro Bay does hereby accept and approve Tract Map No. 951 as complete in accordance with Title 16 of the Morro Bay Municipal Code. BE IT FURTHER RESOLVED that the City Clerk be authorized to sign the City Clerk's certificate. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof held the 12.th day of September , 1983, by the following roll call vote: AYES: Anderson, Lemons, Risley, Zeuschner, Shelton NOES: None ABSENT: None ATTEST: WIN ME, 51 S— -T mm RESOLUTION NO. 110-83 RESOLUTION OF THE CITY COUNCIL OF. THE CITY OF MORRO BAY DETERMINING URBAN LIMITS, FUNCTIONAL CLASSIFICATION OF ROADS, AND DESIGNATING CERTAIN ROADS TO BE IN THE FEDERAL AID SYSTEM THE CITY COUNCIL City of Morro Bay, California WHEREAS, the Federal Highway Administration has requested revised urban limits to reflect the 1980 Bureau of Census boundary; and WHEREAS, the currently approved functional classification of all streets and roads has been reviewed; and WHEREAS, under regulations issued by the Secretary of Transportation under the Federal Aid Highway Act (Title 23 U.S. Code), the City with the concurrence of the California Department of Transportation, has been designated to select a Federal Aid Urban System in this city. NOW, THEREFORE, BE IT RESOLVED AND ORDERED by the City Council of the City of Morro Bay, State of California that: 1. This Council concurs in and approves the urban limits as shown on Exhibit A. 2. This Council concurs in and approves the functional classification of streets and roads as shown on Exhibit B. 3. This Council concurs in and approves the roads as graphically shown on Exhibit C and as designated in Exhibit D and E (all exhibits being attached hereto and hereby made a part of this resolution) as additions to and deletions from the Federal Aid Urban System eligible for Federal Aid in the City of Morro Bay, State of California, subject to the concurrence of the California Department of Transportation and approval of the Federal Highway Administration. PASSED AND ADOPTED by.the City Council of the City of Morro Bay at a regular meeting held thereof on the 12th day of September 1983, by the following roll call vote: AYES: Anderson, NOES: None ABSENT: None Lemons, Risley, Zeusc`-'' ATTEST: pu'� pj� PAUL BAXTER, City Clerk i 6 RESOLUTION NO. 109-83 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY APPROPRIATING ENCUMBRANCES AT JUNE 30, 1983 FOR THE 1983-84 FISCAL YEAR. THE CITY COUNCIL City of Morro Bay, California WHEREAS, generally accepted accounting principles require that encumbrances of a prior year must be recognized as expenditures in the following year; and WHEREAS, the attached listing of encumbrances was budgeted for in 1982-83, obligated, and a reserve established in the accounting records at June 30, 1983, NOW, THEREFORE, BE IT RESOLVED that the attached list of encumbrances is reappropriated for the 1983-84 fiscal year and that the related reserve for encumbrances is cancelled as of July 1, 1983. PASSED AND ADOPTED by the City Council of the City of Morro Bay, California, at a regular meeting thereof on the 12th day of September, 1983. by the following roll call vote: AYES: Anderson, Lemons, Risley, Zeuschner, Shelton NOES: None ABSENT: None ATTEST: PEGG IANAN, Deputy City Clerk • EntAttachment rances at June 30, 1983 DEPARTMENT ACCOUNT # Amount DESCRIPTION Administration 01-112240 $ 220.00 Chairs Personnel 01-114310 140.00 Physicals " 01-114332 100.00 Ads Recreation 01-320220 108.60 Misc. supplies Community Development 01-410230 55.80 Calculator repair Police 01-510220 870.69 Supplies " 01-510342' 7.00 Manual Fire 01-610220 365.83 Uniforms " 01-610230 768.72 Tires " 01-610310 560.00 Physicals " 01-610343 3,000.00 Fire training asphalt " 01-610390 79.23 Linen supplies Engineering 01-710210 260.70 Misc. supplies Property Maintenance 01-721430 1,500.00 Re -roof Fire Sta. " 01-722220 341.32 Weed killer It 01-722370 9,750.00 Tree trimming Street 01-730230 678.48 Pipe supplies " 01-730441 1,665.66 Aerial map Non -departmental 01-821443 28,700.00 Phone system " 01-821443 426.12 Auditron " 01-822210 1,306.87 Office supplies " 01-968442 3,804.66 Fire engine " 01-972441 44.40 Dolly Transportation 11-770332 500.00 Marketing " 11-975420 7,982.00 Bus maintenance shed Gas Tax 12-730230 38,000.00 Asphalt " 12-730320 3,000.00 Roller rental " 12-943000 13,500.00 Main St. overlay Federal Revenue Sharing 21-902000 871,206.00 W.W.T.P. " 21-912000 7,990.00 City Hall renovations " 21-968442 80,000.00 Fire engine Water 31-750220 394.26 Chlorine if 31-750230 47,623.69 Fittings, supplies " 31-750342 22.70 Directory " 31-750370 11,991.00 Market St. waterline " 31-750441 1,665.67 Aerial map " 31-907000 15,000.00 Paint tank " 31-945000 159,944.00 Ridgeway tanks " 31-947000 15,000.00 Recharge basins Sewer 32-740240 256.91 Tools " 32-740310 344.00 Lab testing " 32-740370 63.96 Valves " 32-740441 1,665.67 Aerial map " 32-909000 28,000.00 Pump Sta. #2 " 32-910000 14,500.00 Portable pump " 32-948000 15,850.00:'• Kern St. reconstruction " 32-966000-. 37,840.00 Discharge waiver application Harbor 33-260240 877.68 Misc. tools " 33-760220 21.73 Uniforms " 33-760390 65.19 Miscellaneous " 33-921000 15,000.00 Floating docks, moorings $1,443,058.54 6 6 RESOLUTION NO. 108-83 A RESOLUTION ANNOUNCING FINDINGS AND APPROVING A CONDITIONAL USE PERMIT FOR NEW SOFTBALL FIELD AND RELATED FACILITIES CASE NO. CUP 24-83 T H E C I T Y C O U N C I L City of Morro Bay, California WHEREAS, the City Council of the City of Morro Bay, California, did on the 22nd day of August, 1983, hold a duly noticed PUBLIC HEARING to consider the City -initiated request for a Conditional Use Permit for a new softball field and related facilities at Lila Keiser Park, generally located at the southern terminus of "J" Street in the CZ zone. 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. WHEREAS, at said PUBLIC HEARING, after considering the arguments of all persons, if any, wishing to testify, the City Council did find the following facts and reasons to justify recommending approval of said Conditional Use Permit: 1. The use requested is properly one for the CZ zone, and is consistent with the policies and objectives of the Morro Bay General and Coastal Land Use Plan; and 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 detrimen- tal 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, California, as follows: 1. That the above recitations are true and correct and consti- tute the findings of the Council on this matter; and 2. That the Council does hereby approve Conditional Use Permit No. CUP 24-83, subject to the conditions attached hereto. RESOLUTION NO. 108-93 CASE NO. CUP 24-83 Page Two PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof held on the 22nd day of August, 1983, by the following roll call vote: AYES: Anderson, Lemons, Risley, Zeuschner, Shelton NOES: None ABSENT: None ATTEST: P UL BAX ER�i�Clerk CITY COUNCIL RESOLUTION NO 108-93 CONDITIONS OF APPROVAL CASE NO. CUP 24-83 Page Three STANDARD CONDITIONS 1. The Conditional Use Permit is granted for the land described in the application and any attachments thereto, and as shown on the concept plan labeled Exhibit "A". The locations of all buildings and other features shall be located and designed sub- stantially as shown on the concept plan, unless otherwise specified herein. 2. Unless a precise plan of development is submitted not later than one (1) year after the effective date of approval, this approval will automatically become null and void. 3. Any minor change may be approved by the Planning and Community evelopment Director. Any substantial change will require the filing of an application for an amendment to be considered by the City Council. 4. All requirements of any law, ordinance or regulation of the State of California, City of Morro Bay, and any other governmental entity shall be complied with in the exercise of this approval. 5. Compliance with and execution of all conditions listed hereon shall be necessary, unless otherwise specified, prior to obtain- ing final building inspection clearance. Deviation from this requirement shall be permitted only by written consent of the Planning and Community Development Director and/or as authorized by the City Council. • RESOLUTION NO. 107-83 4) A RESOLUTION ANNOUNCING FINDINGS AND APPROVING A CONDITIONAL USE PERMIT FOR THE REPAIR OF PUBLIC BOAT LAUNCH RAMP AND THE INSTALLATION OF RELATED FACILITIES CASE NO. CUP 22-83 T H E C I T Y C O U N C I L City of Morro Bay, California WHEREAS, the City Council of the City of Morro Bay, California, did on the 22nd day of August, 1983, hold a duly noticed PUBLIC HEARING to consider the City -initiated request for a Conditional Use Permit for repair of a public boat launch ramp and the installation of related facilities at Tidelands Park, generally located at the southern terminus of the Embarcadero, in the CZ zone. 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. WHEREAS, at said PUBLIC HEARING, after considering the arguments of all persons, if any, wishing to testify, the City Council did find the following facts and reasons to justify approval of said Conditional Use Permit: 1. The use requested is properly one for the CZ zone, and is consistent with the policies and objectives of the Morro Bay General and Coastal Land Use Plan; and 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 improve- ments 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, California, as follows: 1. That the above recitations are true and correct and constitute the findings of the City Council on this matter; and 2. That the City Council does hereby approve Conditional Use Permit No. CUP 22-83, subject to the conditions attached hereto. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting there- of held on the 22nd day of August, 1983, by the following roll call vote: AYES: Anderson, NOES: None ABSENT: None ATTEST: PAUL BAXTER, City Clerk Lemons, Risley, Zeuschner, Shelton City Council Resolution No. 107-83 Page Two CONDITIONS OF APPROVAL CASE NO. CUP 22-83 STANDARD CONDITIONS 1. The Conditional Use Permit is granted for the land described in the application and any attachments thereto, and as shown on file with the Community Development Department. The locations of all buildings and other features shall be located and designed substantially as shown on the concept plan, unless otherwise specified herein. 2. Unless a precise plan of development is submitted not later than one (1) year after the effective date of approval, this approval will automatically become null and void. 3. Any minor change may be approved by the Planning and Community Development Director. Any substantial change will require the filing of an application for an amendment to be considered by the City Council. 4. All requirements of any law, ordinance or regulation of the State of California, City of Morro Bay, and any other governmental entity shall be complied with in the exercise of this approval. 5. Compliance with and execution of all conditions listed hereon shall be necessary, unless otherwise specified, prior to obtaining final building inspection clearance. Deviation from this requirement shall be permitted only by written consent of the Planning and Community Development Director and/or as authorized by the City Council. SPECIAL CONDITIONS 6. The location of the restrooms shall be moved sixty (60) feet to the northeast and shall consider an outdoor shower in the final design. The accessway along the waterfront revetment shall extend along the length of the revetment. Additional lighting shall be included in the park development. A lighting plan indicating the location, design and intensity of all proposed fixtures shall be included in the precise development plan and shall be submitted to and approved by the Director. Such lighting shall be sited and designed so as to minimize potential glare impacts on adjacent properties. 9. The City Engineer shall re-evaluate the parking lot layout; the recommendation of the Engineer shall be incorporated into the precise plan for the project. Any recommendation, hosever, which increases the parking lot area by ten percent (10%) or greater, or which decreases the automobile or boat trailer parking spaces by ten percent (10%) or greater, shall require an.amendment to this permit. RESOLUTION NO. 106-83 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY APPROVING THE CITY'S SB-325 CLAIM FOR FISCAL YEAR 1983-84 T H E C I T Y C O U N C I L City of Morro Bay, California WHEREAS, pursuant to the Transportation Development Act of 1971,' revenues derived from 1/4� of the 6¢ 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 1983-84 is $111,090, and WHEREAS, the City intends to use its share of SB-325 funds for those operational expenses associated with the Morro Bay Dial -A -Ride, (JPA) North Coastal and (JPA) Regional Handicapped Transit Systems, NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Morro Bay authorizes the City's SB-325 claim for fiscal year 1983-84 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 22nd day of August, 1983, by the following rollcall vote: AYES: Anderson, Lemons, Risley, Zeuschner, Shelton NOES: None ABSENT: None ATTEST: Pam, M PA L BAXTER, City Clerk" 0 0 RESOLUTION NO. i05-83 RESOLUTION OF;�,THE CITY COUNCIL OF THE CITY OF MORRO BAY APPROVING THE CITY'S STATE TRANSIT ASSISTANCE CLAIM FOR FISCAL YEAR 1983-84 T H E C I" T Y C O.0 N.0 I'_L City of Morro Bay, California WHEREAS, the City of Morro Bay's apportionment of STA funds, including Section 99314 Operator Allocation, for fiscal Year 1983-84 is $20,491, and WHEREAS, the City intends to use its share of STA funds for those opera- tional expenses associated with the Morro Bay Dial -A -Ride. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Morro Bay authorizes the City's STA claim for Fiscal Year 1983-84 and that the City Council directs Staff to proceed with the submitting of 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 22nd day of August, 1983, by the following roll call vote: AYES: Anderson, Lemons, Risley, Zeuschner, Shelton NOES: None ABSENT: None ATTEST: PjI"XTERCityClerk i 0 RESOLUTION NO. 104-83 A RESOLUTION OF THE CITY COUNCIL ADOPTING A BUDGET AND MAKING APPROPRIATIONS FOR FISCAL YEAR 1983-84 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 1983-84 Manager's Recommended Budget is adopted with the changes ordered by the City Council; 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; and 3. The City Administrator is authorized to transfer appropriations anywhere within the adopted budget as long as the bottom line appropriations are not exceeded. Otherwise appropriation control is intended to be at the division.bottom line for operations and the project bottom line for capital projects. PASSED AND ADOPTED, by the City Council of the City of Morro Bay at a regular meeting held thereof on August 8, 1983, by the following roll call vote: AYES: Anderson, Lemons, Risley, 2euschner, Shelton NOES: None / ABSENT: None G SHELT N AT S : PEGGff064CHANAN,.DEPUTY CITY.CLERK RESOLUTION NO. 103-83 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY AWARDING BID NO. PW-83-214-A FOR WATER MAIN REPLACMENT PROJECT FITTINGS 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-83-214-A, for Hydrants and Hydrant Fittings, to Familian Pipe and Supply of Santa Maria, CA, in the amount of $17,759.23. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof held the 8th day of August 1983, by the following roll call vote: AYES: Anderson, Lemons, Risley, Zeuschner, Shelton NOES: None ABSENT: None ADOPTED: ATTEST: pm. dak- PAUL BAXTER, City Clerk RESOLUTION NO. 102-83 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY AWARDING BID NOL PW-83-214-B FOR WATER MAIN REPLACEMENT PROJECT FITTINGS 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-83-214-B for Large Waterline Fittings to P. E. O'Hair and Company of Atascadero, CA, in the amount of $30,983.80. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof held the 8th day of August 1983, by the following roll call vote: '. r AYES: Anderson, Lemons, Risley, Zeuschner, Shelton NOES: None ABSENT: None ADOPTED: ATTEST: "O-� —kA, PAU., BAXTER, City Clerk RESOLUTION NO. 101-83 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY REJECTING ALL BIDS.FOR PW-83-214-C FOR WATER MAIN REPLACEMENT PROJECT FITTINGS 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 reject all bids for PW-214-C for Small Waterline Fittings, due to budget limitations and that Staff be directed to re-evaluate funding level for these materials late in FY 83-84. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof held the 8th day of August, 1983, by the following roll call vote: AYES: NOES: ABSENT: ADOPTED: ATTEST: Anderson, Lemons, Risley, Zeuschner, Shelton None Nond pua L-x iutl - PAUL BAXTER, City Clerk RESOLUTION NO. 100-83 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY IN RESPONSE TO THE "FINAL ENVIRONMENTAL STATEMENT" AND "PROPOSED NOTICE OF SALE" DOCUMENT FOR OCS LEASE SALE 73 THE CITY COUNCIL City of Morro Bay, California WHEREAS, the Pacific OCS Office, Minerals Management Service, of the U.S. Department of the Interior has issued a Final Environmental Impact Statement as well as a Proposed Notice of Sale for their planned October 1983 central California lease offering known as Lease Sale 73; and WHEREAS, the Minerals Management Service on July 8, 1983 on pages 31577-31586 of Vol. 48, No. 132,of the Federal Register has requested comments on the central California OCS leasing proposal from individuals, representatives of organizations, and public officials; and WHEREAS, written comments on the Proposed Notice of Sale and -the Final EIS will be accepted by the Minerals Management Service; and WHEREAS, the City of Morro Bay has reviewed the Final Environmental Impact Statement for the, October 1983 OCS Lease offering known as Lease. Sale #73 and found it inadequate for reasons herein described; and WHEREAS, the Final Environmental Impact Statement and the Proposed Notice of Sale fail to.adequately quantify impacts and direct effects of the proposed.leasing action and fail to indicate the degree to which this lease. sale conforms with the laws, goals, and policies of the State of California, including but not limited to, county Local Coastal Plans (LCPs),.California's pipeline policy, or California's air quality standards,; nor has.the Minerals.Mana_gement Service performed an adequate cost -benefit analysis of the impacts of the leasing action; and WHEREAS, the Final Environmental Impact Statement does not present an adequate range of alternatives to the proposal nor does it include a sufficiently high -resolution look at the impacted area and it's existing resources and uses, incorporates no "worst -case" analysis of impacts, includes no analysis of impacts on rare and unique species,. nor does it adequately identify or analyze cumulative impacts which are likely to result from leasing and development on tracts within this. sale.combined.with prior and planned lease -sales and development; and WHEREAS, the Final Environmental Impact Statement does not consider and the Proposed Notice of Sale does not adopt an alternative which addresses legislation now.before the U.S. Congress which would place a moratorium_on new leasing to the north of the line between Row N808 and Row N809 of the Universal Transverse Mercator Grid System (approx- imately the Santa Maria River) to protect critical biological resources and coastal dependent regional economies; and Resolution No. 100-83 Page Two -41 WHEREAS, Final Environmental Impact the impacts of leasing and post -leasing hazardous and radioactive waste dumping ified geographic area of the sale area, mitigation measures for dealing with the chemical materials which might enter the OCS activities; and' Statement fails to address activities on the known area which lies in an unspec- nor does it provide adequate problem of radioactive or food chain as a result of WHEREAS, the Minerals Management Service, in spite of requests from numerous affected local agencies, has denied the opportunity for "scoping meetings" as provided for in the relevant CEQ Guidelines in order to identify issues to be utilized in determining the scope of the draft EIS, and the application of the "streamlined" planning Procedures adopted by the Department of Interior fails to ensure that timely information is available for decisionmakers in planning for the proposed leasing action; and WHEREAS, the Minerals Management Service has refused to hold adequate and accessible public hearings on the draft. EIS in affected coastal communities which would be impacted by the. proposal; and WHEREAS, required NEPA procedures, CEQ Guidelines, and Department of Interior regulations have, not been adhered to in the preparation of the draft and final EIS or throughout the pre -lease planning process for the sale and the abovementioned procedural.deficiencies have pre- cluded local agencies and interested members of the public from adequate opportunity.for participation in the environmental review process; and WHEREAS, above and beyond the inadequacies of the Final EIS with respect to the present limited sale area encompassed by.Lease Sale #73, the.present Final Environmental Impact Statement would,be wholly inadequate and inappropriate as a basis for future decisions outside of the 360-tract October 1983 sale area and unsuitable for use as the basis for an area -wide central and northern California OCS.Planning Area EIS; and WHEREAS, the City of Morro Bay has reviewed the Final EIS, the Proposed Notice of Sale and the Secretarial Issue Document for Lease Sale #73 and finds that the Department of the Interior has failed to provide the required "critical balancing" through failure to provide A reasonable balance between resource portential and relative environ- mental sensitivity; and WHEREAS, the Final EIS, the Proposed Notice of Sale, and the Secretarial Issue Document for Sale #73 fail to respond to the formal comments and adopted positions of. the City of Morro Bay in response to the draft EIS,for Sale #73; and WHEREAS, key environmental studies now funded and underway by the Minerals Management Service are necessary to informed decisions about the proposed action but will not be completed until after October 1983 proposed date of sale, and therefore the sale date should be delayed; Resolution No.100-83 • Page Three E NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay, that this Resolution is hereby adopted and by reference any attached technical comments, finding the Final Environmental Impact Statement for the October 1983 OCS lease offering to be inadequate; BE IT FURTHER RESOLVED, that the.FEIS and associated pre -lease planning procedures utilized by the Minerals Management Service are not in compliance with relevant state and federal laws including NEPA, CZMA, ESA, OCSLAA and CEO Guidelines; BE IT FURTHER RESOLVED that this Resolution and the attached technical comments should be forwarded to the Office of the California Secretary of Environmental Affairs, Mr. Gordon Duffy, at 1102 Q Street, P.O. Box.2815, Sacramento, CA 95812, attention Ms. Rosella Shapiro, to arrive prior to August 15, 1983, for forwarding to the Secretary of the Interior as part of.the.official Governor's Comments on Lease Sale #73. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held thereof on the 8th day of August, 1983, by the following roll call.vote: AYES: Anderson, Lemons, Risley, Zeuschner, Shelton NOES: None ABSENT: None ATTEST: RESOLUTION NO. 99-83 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, CALIFORNIA RELATING TO THE CLASSIFICATION, COMPENSATION, AND TERMS OF EMPLOYMENT OF FIRE FIGHTER EMPLOYEES OF THE CITY OF MORRO BAY THE CITY COUNCIL 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 representatives have met and conferred in good faith with the representatives of the Morro Bay Fire Fighters, I.A.F.F. Local No. 1855 pertaining to the subject of wages, benefits, and conditions of employment for the fire fighter employees of the City; and WHEREAS, the meetings between the Morro Bay Fire Fighters I.A.F.F. Local 1855 and the City have resulted in a mutual agreement and understanding to recommend that the employees represented by the Morro Bay Fire Fighters I.A.F.F. Local 1855 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 changes in benefits to said fire fighter 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 8th day of August, 1983 by the following roll call vote. AYES: Anderson, Lemons, Risley, Zeuschner, Shelton NOES: None ABSENT: None ATTEST: PEGGY/FPHANAN, Deputy RESOLUTION NO. 98-83 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, CALIFORNIA, RELATING TO THE CLASSIFICATION, COMPENSATION, AND TERMS OF EMPLOYMENT OF MIDDLE MANAGEMENT EMPLOYEES OF THE CITY OF MORRO BAY THE CITY COUNCIL 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 representatives have met and conferred in good faith per- taining to the subject of wages, benefits, and conditions of employment for middle management employees of the City; and WHEREAS, the meeting between the middle management employees and the City has resulted in a mutual agreement and understanding to recommend that the middle management employees 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 middle management 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 8th day of August 1983, by the following roll call vote: AYES: Anderson, Lemons, Risley, Zeuschner, Shelton NOES: None ell C ABSENT: None EUG SHEL ON, Mayor ATTEST: PEG A AN, Deputy City Clerk • RESOLUTION NO. 97-83 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, CALIFORNIA, RELATING TO THE CLASSIFICATION, COMPENSATION, AND TERMS OF EMPLOYMENT OF MANAGEMENT EMPLOYEES OF THE CITY OF MORRO BAY THE CITY COUNCIL 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 representatives have met and conferred in good faith pertaining to the subject of wages, benefits, and conditions of employment for management employees of the City; and WHEREAS, the meeting between the management employees and the City has resulted in a mutual agreement and understanding to recommend that the management employees accept all of the terms and conditions as set forth in the agreement attached and made a part of this resolution herewith; and WHEREAS, Sections 3 and 4 of the management contracts provide that increases in management compensation shall, at minimum, have parity with increases provided other City employees; and WHEREAS, the City Administrator recommends said salary increases and changes in benefits be provided to said management employees of the City of Morro Bay equating to increases approved for other City employees; NOW, THEREFORE, BE IT RESOLVED that the Morro Bay City Council does hereby approve and adopt in full the attachment 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 8th day of August 1983, by the following roll call vote: AYES: Anderson, Lemons, Risley, Zeuschner, Shelton NOES: None i� ABSENT: None ' ATTEST: U N H LTON. Mavor-- PEGWKWHANAN, Deputy City Clerk RESOLUTION NO. 96-83 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY APPROVING DISABILITY RETIREMENT FOR FIRE CAPTAIN FRED W. OAKES 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 Employee's Retirement System; and WHEREAS, the Public Employees' Retirement Law requires that a contracting agency determine whether an employee of such agency in employment in which he is classified as a local safety member is disabled for purposes of the Public Employee's Retirement Law and whether such disability is "industrial" within the meaning of such law; and WHEREAS, an application for disability retirement of Fred W. Oakes employed by the Agency in the position of Fire Captain has been filed with the Public Employees' Retirement System; and WHEREAS, the City of Morro Bay has reviewed the medical and other evi- dence relevant to such alleged disability and, to our knowledge, there is no involvement of a third -party liability; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Morro Bay does hereby find and determine that Fred W. Oakes is incapacitated within the meaning of the Public Employees' Retirement Law for the performance of his duties in the position of Fire Captain; and BE IT FURTHER RESOLVED that a petition has been filed with the Worker's Compensation Appeals Board for a determination pursuant to Section 21026, Government Code; and a copy of such determination will be provided when rendered; and BE IT FURTHER RESOLVED 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 July 30, 1983 and that no dispute as to the expiration of such leave rights is pending. 0 PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held thereof on the 8th day of August 1983, by the following roll call vote: AYES: Anderson, Lemons, Risley, Zeuschner, Shelton NOES: None ABSENT: None 110E SHELTON, a- r ATTEST: t� I STATEMENT OF DETERMINATION OF DISABILITY BY THE OFFICIAL DELEGATE Pursuant to authority delegated to me by action of the City Council.of the City of Morro Bay, CA (hereinafter referred to as Agency) dated 13 April 1981, under Section 21034, Government Code, and after review of medical and other evidence relevant thereto, I hereby determine that Fred W. Oakes, a local safety member of the Public Employees' Retirement System, employed by the Agency is incapacitated within the meaning of the Public Employees' Retirement Law for performance of his duties in the position of Fire Captain. A petition for determination under- Section 21026 whether such disability is the result of injury or disease arising out of and in the course of his employ- ment by the Agency, in which he was a local safety member, has been filed with the Worker's Compensation Appeals Board. A certified copy of such deter- mination will be provided when rendered. It is further determined that to the best of my knowledge, there is no involve- ment or possibility of a third party liability. 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 30 July 1983, and that no dispute as to the expiration of such leave rights is pending. Paul Baxter -- Administrator City of Morro Bay, CA __,_ • 0 RESOLUTION NO. 95-83 RESOLUTION ESTABLISHING RENTAL RATES FOR MOORINGS RENTED WITH TACKLE INCLUDED 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 provides mooring areas for the mooring of boats, barges, and other floating apparatus; and WHEREAS, Resolution No. 19-83 of the City Council of Morro. Bay establishes rental rates for moorings; and WHEREAS, said Resolution No. 19-83 indicates that the fee for rental of mooring spaces with tackle provided will be recommended by the Harbor Advisory Board and set by the City Council; and WHEREAS, the Harbor Advisory Board has recommended that the rental rate for mooring spaces with tackle provided be set at $70.00 per month, to be adjusted yearly in accordance with the cost of living index. NOW, THEREFORE, BE IT RESOLVED by the City Council of Morro Bay that the rental rate for mooring spaces with tackle provided be set at $70.00 per month, adjusted yearly in accordance with the cost of living index. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof held the 8th day of Aug. 1983, by the following roll call vote: AYES: Anderson, Lemons, Risley, Zeuschner, Shelton NOES: None ABSENT: None •�`E R. SHELTON, ATTEST: powl &; � . PAUL BAXTER,- City Clerk RESOLUTION NO. 94-83 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY CONFIRMING THE REPORT OF CITY STAFF REGARDING THE WEED AND RUBBISH ABATEMENT PROCEDURE AND MAKING ASSESSMENTS THE CITY COUNCIL City of Morro Bay, California WHEREAS, the City of Morro Bay Ordinance Title 8, Chapter 8.12 is for the abatement of weeds and other nuisances on a yearly basis; and WHEREAS, weeds and other nuisances have been abated as per Title 8, Chapter 8.12 of the Morro Bay Municipal Code for the year 1983; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay as follows: 1. That no objections to said report and assessment have been made; 2. That the written report now being submitted to the City Council by City Staff setting forth an itemized report of the cost of abatement in front of or on each separate parcel of land where work was done by the Contractor is hereby confirmed as filed; 3. Said report shall be filed in the Office of the City Clerk and the City Clerk shall file a certified copy of said report with the San Luis Obispo County Auditor on or before August loth of this year; and 4. The County Auditor shall thereupon enter each assessment on the County Tax Roll opposite the parcel of land, and shall thereupon proceed to collect such assessments in accordance with the pro- visions of Government Code Sections 39581 to and including 39588. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof held the 25 day of July , 1983, by the following roll call vote: AYES: Anderson, Lemons, Risley, Zeuschner, Shelton NOES: None ABSENT: None ATTEST: PaAX,L 8 4A� PAUE BAXTER,'City Clerk RESOLUTION NO. 93-83 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, CALIFORNIA, RELATING TO THE CLASSIFICATION, COMPENSATION, AND TERMS OF EMPLOYMENT OF CONFIDENTIAL 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 representatives have met and conferred in good faith per- taining to the subject of wages, benefits, and conditions of employment for the confidential employees of the City; and WHEREAS, the meeting between the Confidential employees and the City has resulted in a mutual agreement and understanding to recommend that the Confidential employees 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 Confidential 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 25th day of July, 1983, by the following roll call vote: AYES: Anderson, Lemons, Risley, Zeuschner,_S41ton 1 NOES: None ABSENT: None ATTEST: RESOLUTION NO. 92-83 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 THE CITY COUNCIL City of Morro Bay, California WHEREAS, in accordance with the provisions of the California Govern- ment Code Sections 3500 et. seq. and Resolution No. 74-69 of the City of Morro Bay, the City's representatives have met and conferred in good faith with the representatives of the Morro Bay City Employee's Association pertain- ing 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 25th day of July, 1983, by the following roll call vote: AYES: Anderson, Lemons, Risley, Zeuschner, Shelton NOES: None ABSENT: None ugene R. Shelton, Mayor ATTEST: PEG4466HANAN, Deputy City Clerk RESOLUTION NO. 91-83 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY APPROVING ASSIGNMENT OF_ LEASE SITES 110W, 111W, 111.5W, AND 112W THE CITY COUNCIL City of Morro Bay, California WHEREAS, a request has been made by Charles E. Ogle, George Leage and the Estate of Ralph L. Ruse to have Morro Bay Lease Sites 110W, 111W, 111.5W, and 112W placed in the name of.The Great American Fish Company; and WHEREAS, The Great American Fish Company is a registered California partnership composed of Charles E. Ogle, George Leage and the Estate of Ralph L. Ruse; and WHEREAS, this name change is being done to satisfy banks and title companies for this partnership; and WHEREAS, it is in the public interest that the approval of this City Council be given to said assignment and name change, 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 assign- ment of Lease Sites 110W, 111W, 111.5W, and 112W from Charles E. Ogle, George Leage and the Estate of Ralph L. Ruse to The Great American Fish Company, a registered California partnership composed of Charles E. Ogle, George Leage and the Estate of Ralph L. Ruse; 2. A copy of the Assignment of Lease and Assumption Agreement is to be made a part of this Resolution; and 3. This assignment shall become effective upon receipt by the City of the executed Assignment of Lease and Assumption Agreement. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held thereof on this 25th day,of July, 1983, by the following roll call vote: AYES: Anderson, Lemons, Risley, Zeuschner, Shelton NOES: None RESOLUTION NO. 90-83 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY COMMENDING LEE SCHULTZ FOR HIS SERVICE TO 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, Lee Schultz has served the City of Morro Bay as a member of the Water Advisory Committee through May 10, 1983; and WHEREAS, during that time Lee Schultz was instrumental in helping to establish and formulate the Water Management Plan for the City of Morro Bay; and WHEREAS, during that time much hard work and dedication was provided by.Lee in making the Water Advisory Committee a viable And effective arm of the.City; and 'WHEREAS, not only are Lee Schultz_s skills as an effective and able representative of the City to be commended, but also the _selfless devotion of this own time: to this demanding effort on behalf of the public; NOW, THEREFORE, BE IT RESOLVED that the Morro Bay City Council extends its best wishes to Lee Schultz for his contribution to local government and thanks him for.his services to our City. PASSED AND ADOPTED by the City Council of the City. of Morro Bay at a regular meeting held thereof on the 25th day of July, 1983, by the following roll call vote: AYES: Anderson, Lemons, Risley, Zeuschner, Shelton NOES: None ABSENT: None UGENE-R. SHELTON, MAYOR ATTEST: I�1 ; PEGq,Y,/B'UCHANAD:; DEPUTY CITY CLERK 4 6 RESOLUTION NO. 89-83 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY COMMENDING PAT NAGANO FOR HIS SERVICE TO THE CITY OF MORRO.BAY THE CITY COUNCIL City of Morro Bay, California WHEREAS, Pat Nagano has served the City of Morro Bay as a member of the Water Advisory Committee through May 10, 1983; and WHEREAS, during that time Pat Nagano was instrumental in helping to establish and formulate the Water Management Plan for the,City of Morro Bay; and WHEREAS, during that time much hard work and dedication was provided by Pat in making the Water Advisory Committee a viable and effective arm of the City; and WHEREAS, not only are Pat Nagano's skills as an effective and able representative of the City to be commended, but also the selfless devotion of his own time to this demanding effort on behalf of the public.; .•. NOW., THEREFORE; BE IT RESOLVED that the Morro Bay City Council extends its best wishes to Pat Nagano for his contribution to local government and thanks him for his services to our City. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held thereof on the 25th day of July, 1983, by the following roll.call vote: AYES: Anderson, Lemons, Risley, Zeuschner, Shelton NOES: None ABSENT: None ATTEST: PEGGYV;,BUCHANAN, DEPUTY CITY CLERK 0 i i RESOLUTION NO. 88-83 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY AMENDING RESOLUTION NO. 54-82 AND ADDING THERETO CERTAIN DESCRIBED FEES THE CITY COUNCIL City of Morro Bay, California WHEREAS, the City Council of the City of Morro Bay, California has established a Master Fee Schedule for.City services and permit applications, Resolution No. 54-82;,and WHEREAS, the additional fee subjects have been subsequently identified and calculated as to their actual City cost for performing such service or permit processing; and WHEREAS, the City Council deems it necessary and desirable for applicants requesting,City services to compensate the City for all or a portion of the associated expense, NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay, California, that Resolution No. 54-82, setting forth fees for City services and permits is hereby amended as follows: 1. To include fees for the following: FEE Changes in leased area: $150.00 Changes in lease life: 145.00 Changes in lease use: 265.00 Assignments: 95.00 Subletting: 65.00 Lease Conversions: 240.00 PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held thereof on the 25th day of July, 1983, by the following roll call vote: AYES: Anderson, Lemons, Risley, Zeuschner, Shelton NOES: None ABSENT: None ATTEST: AMENDMENT FOR CHANGE IN LEASE USES LABOR TIME COST Account Clerk Review Accounts Receivables -Rents 1/4 hr $ 2.46 Finance Director Review Audit (if applicable) 1/4 hr 5.47 Chief Building Inspector Review maintenance file for onshore facilities and coordinate with Public Works Director for offshore facilities 1/2 hr 8.77 Lease Consultant Receive application for processing 1/4 hr 3.00 Lease Consultant Negotiations 4 hr 48.00 Lease Consultant Document preparation (draft) 1 hr 12.00 Lease Consultant Report for Council 1 hr 12.00 City Attorney Review documents 1/2 hr 30.00 Public -Works Director Harbor Advisory Board Meeting 1/2 hr 12.65 Community Dev. Director Case Review and Recommendation 1/2 hr 10.94 Community.Dev. Director Planning Commission Meeting 1/2 hr 10.94 Secretary Prepare draft documents and report for City -Council 1 hr 11.14 Secretary Prepare staff report, attend Planning Commission meeting; :., distribute findings 1 hr 11.14 Administrative Secretary Prepare Council agenda; attend Council meeting, distribute notice to applicant 1 hr 12.19 SUBTOTAL: $ 190.70 OVERHEAD LABOR COST RATE Administration $ 98.33 25% $ 24.58- Community Development 41.79 57% 23.82 Public Works 12.65 57% 7.21 Finance 7.93 23% 1.82 SUBTOTAL: $160.70 $ 57.43 OTHER Newspaper ad for Planning Commission and City Council $ 18.00 Notice to property owners TOTAL COSTS: $ 266.13 AMENDMENT FOR LEASE'CONVERSION LABOR Account Clerk Review Accounts Receivable - Rents Finance Director Review Audit (if applicable) Chief Building Inspect. Review maintenance file for onshore facilities and coordinate with Public Works Director for offshore facilities Lease Consultant Receive application -for processing Lease Consultant Negotiation Lease Consultant Document preparation Lease Consultant Report for Council City Attorney Review documents Secretary Prepare documents and report for Council Administrative Secretary Prepare staff report and agenda for Council; attend Council meeting SUBTOTAL OVERHEAD LABOR COST RATE Administration $ 121.47 25% Community Development 8.77 57% Finance 7.93 23% SUBTOTAL: $ 138.17 OTHER Newspaper ad for Council TOTAL COSTS: TIME COST 1/4 hr $ 2.46 1/4 hr 5.47 1/2 hr 1/4 hr 4 hr 1 hr 2 hr 1 hr 2 hr 8.77 3.00 48.00 12.00 24.00. 60.00 22.28 1 hr . .12.19 $ 198.17 $ 27.94 5.00 1.82 $ 34.76 $ ..9.00 $.241.93 AMEN•ENT'FOR'CHANGE IN AREA LEASED LABOR TIME COST Account Clerk Review Accounts Receivable -Rents 1/4 hr $ 2.46 Finance Director Review Audit (if applicable) 1/4 hr 5.47 Chief Building Inspector Review maintenance file for onshore facilities and coordinate with Public Works Director for offshore facilities 1/2 hr 8.77 Senior Engineer Tech. Conduct Field Survey 1 hr 13.73 Public Works Director Harbor Advisory Board Meeting 1/2 hr 12.65 Lease Consultant Review application for processing 1/4 hr 3.00 Lease Consultant Document preparation (draft) 1 hr 12.00 Lease Consultant Report for City Council 1 hr 12.00. City Attorney Review documents 1/2 hr 30.00 Secretary Prepare documents and report for Council 1/2 hr 5.57 Administrative Secretary Prepare Council agenda, attend Council meeting 1/2 hr 6.10 SUBTOTAL: $ 111.75 OVERHEAD: LABOR COST RATE Administration $ 38.67 25% $ 9.67 Community Development 8.77 57% 5.00 Public Works 26.38 57% 14.69 Finance 7.93 23% 1.82 SUBTOTAL: $ 81.75 $ 31.18 OTHER Newspaper ad for Council: $ 9.00 TOTAL COSTS: $ 151.93 0 AMENDMENT "FOR 'CHANCE'IN LIFE'OF LEASE LABOR Account Clerk Finance Director Chief Building Inspector Public Works Director Lease Consultant Lease Consultant Lease Consultant City Attorney Secretary Administrative Secretary OVERHEAD Administration Community Development Public Works Finance SUBTOTAL OTHER Newspaper ad for Council: Review Accounts Receivable - Rents Review Audit (if applicable) Review maintenance file of onshore facilities and coordinate. with Public Works Director for offshore facilities Harbor Advisory -Board Meeting Receive Application for processing Document preparation (draft) Report for Council Review documents Prepare documents and report for Council Prepare Council Agenda; attend Council meeting TOTAL COSTS: n SUBTOTAL.: LABOR COST RATE. TIME COST 1/4 hr 1/4 hr 1/2 hr 1/2 hr 1/4 hr 1 hr 2 hr 1/2 hr $ 2.46. 5.47 8.77 12.65 3.00 12.00 24.00 30.00 1/2 hr 5.57 1/2 hr 6.10 $110.02 $ 50.67 25% $ 12.67 8.77 57% 5.00 12.65 57% 7.21 7.93 23% 1.82 $ 80.02 $ 26.70 E, $145.72 LABOR Account Clerk Finance Director Chief Building Inspector Lease Consultant Lease Consultant Lease Consultant City Attorney Administrative Secretary OVERHEAD Administration Community Development Finance OTHER AMENDMENT'FOR'ASSIGNMENT OF LEASE TIME Review Accounts Receivable - Rents 1/4 hr Review Audit (if applicable) 1/4 hr Review maintenance file for onshore facilities and coordinate with Public 1/2 hr Works Director for offshore facilities Receive application for processing 1/4 hr Document preparation (draft) .1/2 hr Report for Council 1/2 hr Review documents 1/2 hr Prepare documents and agenda for Council; attend Council meeting 1 hr SUBTOTAL: SUBTOTAL:' Newspaper ad for Council LABOR COST RATE $ 27.19 25% 8.77 57% 7.93 23% $ 43.89 TOTAL COSTS: COST $ 2.46 5.47. 8.77 3.00 6.00 6.00 30.00 12.19 $ 73.89 $ 6.80 5.00 1.82 $ 13.62 $ 9.00 $ 96.51 0 REQUEST TO SUBLET ON LEASE SITE LABOR TIME COST Account Clerk Review Accounts Receivable 1/4 hr $ 2.46 Finance Director Review Audit (if applicable) 1/4 hr 5.47 Chief Building Inspector Review maintenance file for onshore facilities and coordinate with Public Works Director for offshore facilities 1/2 hr 8.77 Lease Consultant Receive application for processing 1/4 hr 3.00 Lease Consultant Review sublease.=and prepare recommendation for Council 1/2 hr 6.00 City Attorney Review sublease 1/4 hr 15.00 Administrative Secretary Prepare Council agenda; attend Council meeting 1/2 hr 6.10 SUBTOTAL: $ 46.80 OVERHEAD iLABOR COST RATE Administration $ 15.10 25% $ 3.78 Community Development 8.77 57% 5.00 Finance 7.93 23% 1.82 SUBTOTAL: $ 31.80 $ 10.60 OTHER Newspaper ad for Council $ 9.00 TOTAL COSTS: $ 66.40 3 1OR E `r APPAMATION CITY OF MORRO BAY CITY HALL, 595 HARBOR 5T. MORRO BAY CA 93442 (805) 772-1214 APPLICATION FOR AMENDMENTS TO LEASE AGREEb1ENTS To.Be Completed.and.Returned.to Administration for.Processing Applicant (Please print) Mailing Address City State Business Name Telephone Zip Code REQUEST (Briefly describe specific nature of approval requested on attachments) LEASE SITE NUMBER: - TYPE U) LEASE: County Other LEASE TERM: City 50-Year EXPIRATION DATE: Applicants signature Date FOR STAFF REVIEW: Planning Commission Harbor Advisory Board Public Works Finance City Inspection Administration Initial Date City Regular ACCEPTED BY: DATE: CASE NO: RESOLUTION NO. 87-83 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY ANNOUNCING FINDINGS AND APPROVING A CONDITIONAL USE PERMIT FOR PUBLIC PIERS AND RELATED IMPROVEMENTS IN THE CZ ZONE CASE NO. CUP 14-83 (CONCEPT PLAN) THE CITY COUNCIL City of Morro.Bay, California WHEREAS, the Planning Commission of the City of Morro Bay, California, did on the 16th day of May, 1983, hold a duly noticed PUBLIC HEARING and continued hearing on June 20, 1983, to consider the City initiated request for approval of a Conditional Use.Permit to allow installation -of four public piers and related improvements, located along the bayfront at the following street -ends: Morro Bay Boulevard and Anchor, Marina and Harbor Streets. (all of these sites are in the CZ district) -and WHEREAS the City Council of the City of. Morro Bay, California did on the llth day of July, 1982, hold a duly noticed PUBLIC HEARING to consider said request and recommendation of the Planning Commission; and WHEREAS, at said PUBLIC HEARING, after considering the arguments of all persons, if any, wishing to testify, the City Council did find.the following facts and reasons to justify approval of.said Conditional 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 Citv of Morro Bay, California, 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 Conditional Use Permit No. 14-83, subject to the Conditions attached hereto. . i 0 Resolution No. Page Two PASSED AND ADOPTED by the City Council Bay at a regular meeting held thereof on the by the following roll call vote: AYES: Lemons, Risley, Zeuschner, Shelton NOES: None of the City of Morro llth day of July, 1983, ABSENT: None ABSTAIN: Anderson 91�E R. SHELTON, MAYOR ATTEST: .J_v I po w i Resolution No. 87-83 Page Three CONDITIONS OF APPROVAL CASE NO. CUP 14-83 (CONCEPT PLAN) STANDARD CONDITIONS 1. The Use Permit is granted for the -sites described in the application and any attachments thereto, and as shown on the plot plans. The location of all facilities or features shall be located substantially as shown on these plot plans, except or unless indicated othersie herein. 2. Unless the construction of the piers is commenced not later than one year after the date of final approval of the Coastal Conservancy grant and is diligently pursued thereafter,.this approval will automatically become null and void. In any case, this approval will become null and void in two years from the date of approval of the required coastal development permit, unless the project is commenced prior to that date. . 3. Any minor change may be approved by the Planning and Community Development Director. Any.substantial change will require the filing of an application for an amendment. 4. All requirements of any law, ordinance or regulation of the State of California, City of Morro Bay, and any other governmental entity shall be complied.within the exercise of this,approval. SPECIAL CONDITIONS 5. Precise plans of construction shall be submitted to the Planning Commission for a determination as to consistancy with the.concept approval and the conditions stated herein. 6. The Public Works Director shall approve the final construction details for the piers; and, a_Building Permit shall be.obtained from the Community Development Department, Building Division. 7. Conceptual Plan approval is granted for street -end development consistent with plans on file in the Community Development Department, as follows: * Anchor Street - as shown in Alternate A * Marina 'Street - as shown in Alternate B * Morro Bay Blvd. - as shown in Alternate A * Harbor Street - as shown in Alternate A 8. No fish cleaning.facilities shall be located at any of.:the above street -end improvements. In addition, no boat tie-ups shall be permitted at the Marina Street -end site. Fishing shall only be allowed from the observation platform at the Marina.Street=end and not permitted from other:sites.. 9. The final plans of all street -end improvements should reflect a continuity and compatibility of design. f 1 RESOLUTION NO. 86-83 RESOLUTION EXTENDING TASK ORDER NO. 2 OF STEP 3 OFFICE ENGINEERING SERVICES WITH THE FIRM OF BROWN AND CALDWELL FOR CONSTRUCTION OF THE IMPROVEMENTS TO THE MORRO BAY/CAYUCOS WASTEWATER TREATMENT PLANT T H E C I T Y C O U N C I L City of Morro Bay, California WHEREAS, the City's Agreement for Task Order No. 2 of Step 3 Office Engineering Services expired on June 30, 1983; and WHEREAS, due to delays in awarding the contract for construction of the project, a certain portion of the services in this Task Order have not yet been provided. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Morro Bay hereby extends the expiration date, of said Task Order No. 2 for Step 3 Office Engineering Services to July 31, 1983. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting.thereof held the 'llth day of July,.1983, by the following roll call vote: AYES: NOES: ABSENT: ATTEST: Anderson, Lemons, Risley, Zeuschner, Shelton None None 1 � PA L BAXTER, City Cler Y i i RESOLUTION NO. 85-83 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY ACCEPTING CERTAIN PROPERTY THE CITY COUNCIL City of Morro Bay, California WHEREAS, the City Council has received a Grant Deed executed by ROBERT ASHURST granting to the City the property described on Exhibit A'attached hereto and incorporated.by this reference; and WHEREAS, said property is being acquired for City Well Site Number 10-A and other.related uses; BE, AND IT IS HEREBY RESOLVED by the City Council of the City of Morro Bay as follows: That the deed to said property is hereby accepted and the City of Morro Bay consents, to recordation of said deed by its duly authorized officer. PASSED AND ADOPTED this llth day of July, 1983, by the following roll call.vote: AYES: Anderson, Lemons, Risley, Zeuschner, Shelton NOES: None ABSENT: None ATTEST: /li `fDEPUTY CITY LERK RESOLUTION NO. 84-83 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 POLICE EMPLOYEES OF THE CITY OF MORRO BAY THE CITY COUNCIL City of Morro Bay, California WHEREAS, in accordance with the provisions of the California Government Code Sections 3500 _et�.seg. and Resolution No. 74-69 of the City of Morro Bay, the City's representatives have met and conferred in good faith with the representatives of the Morro Bay Peace Officers' Association (SEIU, Local 660, AFL-CIO) 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 (SEIU, Local 660, AFL-CIO) and the City have resulted in a mutual agreement and understanding to recommend that the employees represented by the Morro Bay Peace Officers' Asso- ciation (SEIU, Local 660, AFL-CIO) 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 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 llth day of July, 1983 by the following roll call vote. AYES: Anderson, Lemons, Risley, Zeuschner, Shelton NOES: None ABSENT: None ATTEST: RESOLUTION NO. 83-83 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY ESTABLISHING USER RATES AND RELATED FEES AND DEPOSITS FOR WATER AND SEWER SERVICES T H E :C"I`T"Y - C O U N C I L 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 waste- water collector and treatment system, complying with the U.S. Environmental Protec- tion 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 by the City Council of the City of Morro Bay that the following schedule of user rates, fees, and deposits for services is adopted, effective for the 1983-84 fiscal year and thereafter. WATER RATES Minimum charge/bi month . . . . . . . . Use Charge/100 cubic feet: 0-4............... 5-20............... 21-50............... 51 - Greater . . . . . . . . . . . . Reconnect Charge . . . . . . . . . . . . Availability Charge . . . . . . . . . . Delinquent Charge. . . . . . . . . . . . Construction Meter: Setting Charge. . . . . . . . . . . Use Charge/Day. . . . . . . . . . . Use Rate/100 cubic feet . . . . . . $ 3.20 $ .80 $ 1.05 $ 1.30 $ 1.35 $ 30.00 $1,500.00 $ 10% .$ 30.00 $ 3.00 . . .Same as residential Deposits: use charge Residential Renter. . . . . . . . . . . Construction Meter. . . . . . . . . . . $ 50.00 $ 65.00 RESOLUTION NO. 83105 PAGE TWO SEWER RATES Residential/unit . . . . . . . . . . . . . . . . (surcharge - 20 ccf) . . . . . . . . . . . . Mobile Home Park . . . . . . . . . . . . . . . . Commercial (Domestic Strength). . . . . . . . . . Restaurants and Bakeries . . . . . . . . . . . . . Retirement Home/Convalescent Hosp.. . . . . . . . Motel ...................... Mortuary. . . . . . . . . . . . . . . . . . . . . Schools and Public Buildings. . . . . . . . . . . Seafood Processors . . . . . . . . . . . . . . . . Water Softening . . . . . . . . . . . . . . . . . s BIMONTHLY RATE $ 10.70 flat $ .61/ccf $ .78/ccf $ .78/ccf $ 1.80/ccf $ 1.40/ccf $ .98/ccf $ 1.17/ccf $ .61/ccf $ 1.44/ccf $ .56/ccf Fixed Fee (All users per meter) . . . . . . . . . $ 1.70 flat Minimum (All users per meter) . . . . . . . . . . $ 10.70 flat Availability charge . . . . . . . . . . . . . . . $1,500.00 PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held on the llth day of July 1983, by the following roll call vote: AYES: NOES: ABSENT Anderson, Lemons, Zeuschner, Shelton Risley None SHELTON, Mayor n ATTEST: '0 - ,44�V7'4� 1,301"'kdA, CITY RESOLUTION NO. 82-83 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY ANNOUNCING FINDINGS AND APPROVING A CONDITIONAL USE PERMIT TO ALLOW A VIDEO GAME ARCADE CASE NO. CUP 17-83 THE CITY COUNCIL City of Morro Bay, California WHEREAS, the Planning Commission of the City of Morro Bay, did on the 20th day of June, 1983, hold a duly noticed PUBLIC HEARING to consider the request of DONALD PIERCE and JACK SCHROEDER for a Conditional Use Permit to allow a video game arcade for property located in the CZ district, at 712 Quintana Road, more particularly described as: APN 66-281-22 - Portion Lot 10, San Bernardo Rancho Tract 353 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 documentation is deemed necessary; and WHEREAS, the City Council of the City of Morro Bay, California, did on the llth day of July, 1983, hold a duly noticed PUBLIC HEARING to consider said case and the recommendation of the Planning Commission; and WHEREAS, at said PUBLIC HEARING, after considering the arguments of all persons, if any, wishing to testify, the City Council did find the following facts and reasons to justify granting approval of said Conditional Use Permit: 1. The use requested is properly one for the CZ Zone, and is consistent with the policies and objectives of the Morro Bay General Plan; and 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. 4. The site of the proposed arcade, in general, meets the locational criteria of Section 17.48.290 of the Zoning Ordinance. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay, California as follows: Resolution No. 82-83 Page Two 1. That the above recitations are true and correct and constitute the findings of the City Council on this matter; and 2. That the Council does hereby grant approval".of Conditional Use Permit No. CUP 17-83, subject to the conditions attached hereto. PASSED AND ADOPTED by the City Council of the City of Morro Bay, at a regular meeting held thereof on the llth day of July, 1983, by the following roll call vote: AYES: Anderson, Lemons, Risley, Zeuschner, Shelton NOES: None ABSENT: None /l EU R. SHELTON, MAYOR ATTEST: PEG AN, DEPUTY CITY'CLERK Resolution No. Page Three CONDITIONS OF APPROVAL CASE NO. CUP 17-83 STANDARD CONDITIONS 1. The Conditional Use Permit as granted for the project described in the application and any attachments thereto, and as shown on the plot plan, floor plan and sign program, labeled Exhibits "A" through "C" respectively, and attached hereto. The location and design of all buildings and other features shall be substantially as shown on.these aforementioned exhibits, unless specified herein. 2. Any minor change may be approved by the Planning and Community Development Director. Any substantial change will require the filing of an application for an amendment to be considered by the Planning Commission and/or City Council. 3. All requirements of any law, ordinance or regulation of the State of California, City of Morro Bay, and any other governmental entity shall be complied with in the exercise of this approval. 4. Prior to obtaining a building permit and within thirty (30) days hereof, the applicant shall file with the Director of Planning and Community Development.written acceptance of the conditions stated herein. 5. Complaince with and execution of all conditions listed herein shall be necessary, unless otherwise specified, prior to obtaining final building inspection clearance. Deviation from this require- ment shall be permitted only by written consent of the Planning and Community Development Director and/or as authorized by Council. SPECIAL CONDITIONS 6. This Conditional Use, Permit authorizes only these applicants to conduct the arcade business and is not transferable to another person or property. 7. The Conditional Use Permit shall only remain valid for that period of time in which a City.license obtained pursuant to Section 5.04.330 of the Morro Bay Municipal Code is in full force and effect. 8. The applicant shall provide two restrooms, one for each sex, in the arcade as approved by the Building Inspector. 9. Parking facilities for at least eight (8) bicycles shall be provided: the location and design.of such facilities shall be approved by the Director. 10. At least one (1) adult supervisor, at least 21 years of age, shall be present during all hours of operation. Resolution No. Paqe Four CONDITIONS OF APPROVAL (Cont.) 11. Signs as proposed in case Exhibit C-1 and C-2 are authorized by this approval to the extent which they are consistent with Municipal Code Chapter 14.64, or successor provisions of the Municipal Code. No approval is granted for proposed sign No. 3 of Exhibit No. C-2 as it exists as an illegal sign structure. 12. The rear door shall be used as an emergency exit only and shall be eauiped with an audible signal which shall sound when the door is open, as approved by the.Fire Department. RESOLUTION NO. 81-83 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY REQUESTING CHANNEL COAST DIVISION OF THE LEAGUE OF CALIFORNIA CITIES SUPPORT FOR AMENDMENTS TO PUBLIC CONTRACTS CODE SECTIONS 20160, 20161, 20162, AND 20167 OR LABOR CODE SECTION 1771 THE CITY COUNCIL City of Morro Bay, California WHEREAS, under the above stated laws enforced today, a City must contract for and let to the lowest responsible bidder any public project exceeding $5,000 in cost and under existing law the City cannot use its own forces unless it adequately establishes that it cannot proceed with its own forces at less cost; and WHEREAS, if the City, after requesting public bid, determines that it can proceed more economically with its own forces, the Code allows the City to do so; and WHEREAS, there is a substantial probability of litigation on the issue of cost if the City attempts to proceed with its own forces since the contractor can challenge the City determin- ation justifying such a decision; and . WHEREAS, it seems to be more appropriate to have a specific provision allowing the City to proceed with its own forces without the necessity of competitive bidding or in the alternative to require competitive bidding but allow the contract to proceed on water line replacement projects paying wages that the contractor customarily pays; and WHEREAS, the City of Morro Bay would like to allow for modification of the Public Contracts Code or Labor Code to allow a city of less than 15,000 population to either use day labor/ force account to replace water lines without the necessity of public bidding and without the necessity of determining cost comparisons in a way that could be challenged in court or allowing smaller cities to request public bids for a project but also allow the contractor to proceed without being subject to payment of prevailing wage; and WHEREAS, such extension of water lines is not of statewide. concern, only a matter of internal or local concern and therefore the state and prevailing wage statute should not be enforced where the state interest is little affected but the City's interest is adversely affected to an unreasonable degree by the enforcement of the statute. RESOLUTION NO. 81==83 PAGE.TWO NOW, THEREFORE, BE IT RESOLVED that the City of Morro Bay requests support from the League of California Cities as a policy measure and requests enabling legislation to amend the Public Contracts Code.Sections and Labor Code Sections which would exempt cities of less than 15,OOO.population when replacing water lines from either the public bidding statute or prevailing wage statute. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held thereof on the 27th day of June 1983, by the following roll.call vote: AYES: Anderson, Lemons, Risley, Zeuschner, Shelton NOES: None ABSENT: None ATTEST: PAUL BAXTER, CITY CLERK I ;,- MORRO BAY CITY COUNCIL REGULAR MEETING - JUNE 27, 1983 PAGE T?'7ELVE Councilmember Risley stated that he was in favor of adopting item D-6, and would like to encourage the Council to actively circulate and campaign for the Resolution with the League and local legislators. Mr. Baxter noted that the Resolution will be submitted to the League of California Cities at their quarterly meeting on July 15 in Lompoc. MOTION: Councilmember Zeuschner moved adoption of item D-6, the Resolution requesting the change in the State Force Account legislation. The motion was seconded by Councilmember Anderson and carried unanimously. (5-0) E. INDIVIDUAL DETERMINATION AND/OR ACTION E-1 CITY COUNCIL Councilmember Risley requested a Closed Session to discuss the Cabrillo litigation. Mayor Shelton stated that he would be representing the City in San Francisco at a hearing regarding offshore oil leasing. MOTION: Councilmember Zeuschner moved that Council authorize the Mayor's attendance at a hearing in San Francisco regarding OCS offshore oil drilling. The motion was seconded by Councilmember Risley and carried unanimously. (5-0) E-2 CITY ATTORNEY Mr. Leaage stated that he would like to request a Closed Session to discuss Meet and Confer, Sonic Cable TV, the Thomas Quonset Hut property, and the Ashurst Agreement. E-3 CITY ADMINISTRATOR None. MOTION: Councilmember Lemons moved that Council adopt the Resolution approving an Interim Budget for 1983-84. The motion was seconded by Councilmember Risley and carried unanimously. (5-0) IJ �uG�ET RESOLUTION NO. b� j AGENDA NO. { Date §a' Action RESOLUTION APPROVING AND ADOPTING AN INT..,. .-- BUDGET FOR THE FISCAL YEAR 1983-84 T H E C I T Y C O U N C I L City of Morro Bay, California WHEREAS, a city is required to make, from time to time, a variety of expenditures in order to provide day-to-day service for which it is responsible; 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 1983-84 manager's Recommended Budget is hereby adopted by the City Council as an Interim Budget for the City of Morro Bay for Fiscal Year 1983-84 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, and all new positions. (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 authorized by the City Administrator. PASSED AND ADOPTED by the City Council as a regular meeting thereof held this 1983 by the following roll call vote: AYES: NOES: ABSENT: ATTEST: PAUL BAXTER, CITY CLERK of the City of Morro Bay day of EUGENE R SHELTON, MAYOR 40 CITY OF MORRO BAY Revised 1983-84 Budget Summary Proposed Budget Operating Expenditures + Increases - See Attached - Reductions - See Attached A ENDA NO. 6UD& r Date±/- 7 Action u $ 4,576,370 110,566 (183,373) 8 Revised Operating Expenditures $ 4,503,563 Proposed Capital Projects Expenditures + Increases - See Attached - Reductions - See Attached Revised Capital Projects Expenditures Revised Total Expenditures Revised Ending Fund Balance and Reserves Total Requirements Proposed Estimated Revenues + Bed Tax on New Motel + Franchise Tax Estimate Revision + Business License and Fees Increase + Dial -a -Ride Fare Increase Revised Estimated Revenues Beginning Fund Balance and Reserves Total Resources $ 675,350 120,000 (132,250) $ 663,100 $ 5,166,663 877,813 $ 6.044,476 $ 4,761,660 10,000 7,000 7,000 11,316 $ 4,796,976 1,247,500 $ 6,044,476 d*3 If to CITY OF MORRO BAY Expenditure Revisions to Proposed 1983-84 Budget Expenditure Reductions Operating Expenditures: Reduce Worker's Comp. Rates Extend PERS Amortization Aid to Other Agencies Radio Maintenance Property Management Clerical Admin. - Elections Council - Health Insurance Admin. - Various Personnel - Various Finance - Various Recreation - Various $ 36,000 10,800 5,000 1,000 12,780 5,000 1,878 740 1,440 1,900 1,000 Community Development - Various 1,000 Police - Various 5,950 Fire - Various 1,000 Public Works - Various 10,885 Sewer Maintenace Worker 23,000 Asphalt from Gas Tax Fund 64,000 Total Operating Reductions $ 183,373 Capital Projects: Fire Station Renovation $ 2,000 City Hall Renovation 40,000 Twin Bridges 60,000 Forklift 18,000 Water Truck 12,250 Total Capital Project Reductions $ 132,250 Expenditure Increases AGENDANO. &CQ57- Date I27 Action Operating Expenditures: Animal Control Vets Hall Equipment Roller Rental Water Truck Repairs Water Maintenance Worker 2 Streets Maint. Workers Ocean Outfall Testing Sewer Standby Pay Dial -a -Ride Service Total Operating Increases Capital Projects: Street Overlay $ 1,000 1,300 1,500 1,250 23,000 46,000 20,000 5,200 11,316 $ 110,566 mot_ $ 120,000 • r I ' RESOLUTION NO.. 80-83 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY DENYING AN APPEAL OF THE CONDITIONAL APPROVAL OF A TENTATIVE TRACT MAP BY THE PLANNING COMMISSION THE CITY COUNCIL City of Morro Bay, California WHEREAS, the Planning Commission of the City.of Morro Bay did on the 6th day of June, 1983, conditionally approve.Tentative.Tract Map No. 1124, recombining 22 existing lots.into 7 lots, for property located on the sourth side of Hatteras Street between State Highway One and Atascadero State Beach, and did also approve a variance from the minimum lot size requirements of the Subdivision Ordinance for said tentative tract map; and WHEREAS, Texaco, Incorporated, which is also the original applicant for the tentative tract map, did on the loth day of.June, 1983, file an appeal of the conditional approval of the tentative tract map by the Planning Commission; and WHEREAS, the City Council of the City of Morro Bay did on the 27th day of June, 1983, hold a duly noticed PUBLIC HEARING to consider said appeal of the_Planning Commission conditional approval of Tentative Tract Map No. 1224; and WHEREAS, at said PUBLIC HEARING after considering the arguments of all persons, if any, wishing to testify, the City Council did find the following facts and reasons to justify their action in this matter: 1. That the proposed Subdivision (as conditionally approved by the Planning Commission) is consistent with the Morro,Bay General Plan and Zoning Ordinance. 2. That the site (as conditionally approved by the"Planning Commission) is physically suitable for the_type of development proposed. 3. That the design of the Subdivision as conditionally approved by the Planning Commission and the type of improvements is not likely to cause public health problems.. 4. That the proposed Subdivision as conditionally approved by the Planning Commission is consistent with the housing needs of the region balanced against.public service needs of residents and available fiscal and environmental resources. . 5. That granting a variance from Subdivision standards for the proposed Subdivision as conditionally approved by the'.Planning Commission will not constitute a grant of special privilege in that other properties in the same vicinity and in the R-1, S-2 zone consist of similar size and shape. . 6. That because of the existing subdivision configuration and development patterns in the surrounding area., the strict application Resolution No. • Page Two of minimum lot area and shape standards subdivision as conditionally approved by of privilege enjoyed by other properties R-1, S-2 zone. would deprive the proposed the Planning Commission, in the same vicinity and 7. That the spirit of the Subdivision Ordinance to provide for reasonable building sites which promote the public health, safety and welfare are best served by the variance from size and shape standards in the proposed Subdivision as conditionally approved by the Planning Commission. NOW, THEREFORE, BE IT RESOLVED: I. That the above recitations are true and -correct and constitute the findings of the City Council; 2. That the City Council does hereby deny the appeal by Texaco,.Incorporated of the conditional approval.of, Tentative Tract Map 1124; PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held thereof -on the 27th day of June, 1983, by the following roll call vote: AYES: NOES: ABSENT: ATTEST: Risley, Zeuschner, Shelton Anderson, Lemons None �O j� I . - PEGGYMCHANAN, DEPUTY CITY CLERK 9 RESOLUTION NO. 79-83 • A RESOLUTION MODIFYING AMBULANCE SERVICE RATES WITHIN THE CITY OF MORRO BAY. THE CITY COUNCIL City of Morro Bay, California WHEREAS, San Luis Ambulance Service, Inc. is the provider of ambulance services within the City of Morro Bay pursuant to the 1977 contract between the City of Morro Bay and the County of San Luis Obispo, as amended in 1982; and WHEREAS, San Luis Ambulance Service, Inc. has submitted a rate increase proposal to the City of Morro Bay upon prior approval of the rate increase by the San Luis Obispo County Board of Supervisors; and WHEREAS, The Morro Bay City Council retains approval rights on ambulance rates within the City limits prior to rate implementation; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Morro Bay does hereby find the proposed rate increases to be appropriate and does hereby adopt the following ambulance rates within the City of Morro Bay: SERVICE CHARGES Base Rate $128.00 Mileage 8.00/mile Night Services 60.00 Emergency Response 60.00 Oxygen 35.00 Waiting (, hr.) 30.00 Standby (no trans.) 38.50 Standby (with trans.) 45.00 PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof held the 27th day of June, 1983 by the following roll call vote: AYES: Anderson, Lemons, Risley, Zeuschner, Shelton NOES: None ABSENT: None ATTEST: PEGG UCH NAN, Deputy C ty Clerk RESOLUTION NO. 78-83 A RESOLUTION OF THE CITY COUNCIL OF THE CITY MORRO BAY IN SUPPORT OF RELICENSING OF HYDROELECTRIC PROJECTS TO THE PACIFIC GAS AND ELECTRIC COMPANY THE CITY COUNCIL City of Morro Bay, California WHEREAS, the.Pacific Gas and Electric Company has over the past 100 years developed a safe, reliable, and economic system of hydroelectric generating facilities dedicated to the use and benefit of its customers living throughout central and northern California; and WHEREAS, PG&E's 3.5 million customers represent an area population of almost 10 million people who now utilize and share the benefits of this power PG&E generates without the use of fossil fuels; and WHEREAS, certain of these hydroelectric facilities, consisting of projects licensed by the Federal Power Commission, now known as the Federal Energy Regulatory Commission (FERC) are subject to consideration for relicense by FERC; and WHEREAS, efforts.are being made by certain municipal entities to secure for themselves nine PG&E hydroelectric power --plants in projects on the Mokelumne, Feather, Stanislaus and King.s.Rivers through applications to FERC; efforts which, if successful, would transfer ownership and operation. of these hydroelectric facilities away from PG&E and would divert the low cost power away from,PG&E's many customers; and WHEREAS, it would be directly contrary to the best interests of the citizens of Morro Bay and to the best interest interests of millions of PG&E customers throughout northern and central California whose rates have supported PG&E's ownership and operation of these hydroelectric facilities, if FERC were to cut out of the hydroelectric generating system PG&E uses to serve them, any of.the following facilities.: 1. Mokelumne River Project (Project No. 137); 2. Rock Creek-Cresta Project (Project No. 1962); 3. Phoenix Project (Project No.. 1061); and 4. Haas -Kings Project (Project No. 1988); and WHEREAS, if any of these projects were to be transferred to the municipalities seeking them, PG&E customers will be.forced to pay, every year, increased power costs for electricity from oil or gas fired generating facilities, every year; and, WHEREAS, the continued ownership, operating and improvement of its hydroelectric generating facilities by PG&E is essential to the public interest and to the social and economic well being of the people of northern and central California; and Resolution No. Page Two WHEREAS, retention of course consistent with the of these resources in the • these projects by PG&E is the only fullest improvement and utilization public interest; NOW, THEREFORE; BE IT RESOLVED that the City Council of the City of Morro Bay hereby urges and requests that,the Federal Energy_Regulatory Commission promptly relicense these hydroelectric facilities to Pacific Gas and Electric Company, and reject the applications of the municipally -run utilities seeking to take these projects away from PG&E and its customers. BE IT FURTHER RESOLVED, that the City Council of the City of Morro Bay hereby requests that all hearings concerning Pacific Gas and Electric Company's hydro relicensing applications -be conducted in the service territory.of Pacific Gas and Electric Company where the projects are located and where the public they were built to serve lives and works. . BE IT FURTHER RESOLVED, that copies of this resolution be provided to: MR. KENNETH F. PLUMB, Secreatry Federal Energy Regulatory Commission 825 North Capitol Street., S.E. Washington, D.C.. 20426 With direction that copies be placed and recorded in the files for each affected project (Nos. 137, 1962, 1988, 1061). . . BE IT FURTHER RESOLVED that copies of this resolution be provided to: PRESIDENT RONALD.W. REAGAN THE WHITE HOUSE 1200 Pennsylvania Ave. Washington, D.C. 20013 THE HONORABLE PETE WILSON The United States Senate Washington, D.C. 20510 THE HONORABLE ALAN CRANSTON The United States Senate Washington, D.C. 20510 THE HONORABLE HERSCHEL ROSENTHAL, Chairperson Energy and Public Utilities Committee California State Senate State Capitol Sacramento, CA 95814 Resolution No. Page Three THE HONORABLE TERRY GOGGIN, Chairperson Natural Resources Committee California State Assembly State Capitol Sacramento, CA 95814 THE HONORABLE GWEN MOORE, Chairperson Utilities and Commerce Committee California State Assembly State Capitol Sacramento, CA 95814 THE HONORABLE LEONARD GRIMES, President California Public Utilities Commission 350 McAllister Street, Room 5026 THE HONORABLE LEON PANETTA United States Congress Washington, D.C. 20510 THE HONORABLE KENNETH MADDY California State Senate Sacramento, CA 95814 THE HONORABLE ERIC SEASTRAND California State Assembly Sacramento, CA 95814 PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held thereof _on the 27th.day of June, 1983, by the following roll call vote: AYES: Anderson, Lemons, Zeuschner, Shelton NOES: Risley ABSENT: None ATTEST: PE HANAN, DEPUTY CITY CLERK RESOLUTION NO. 77-83 RESOLUTION ADOPTING CHANGES IN WORDING OF THE WATER ADVISORY COMMITTEE BY-LAWS T H E C I T Y C O U N C I L City of Morro Bay, California WHEREAS, continuity is presently lacking in the Water Advisory Committee because all terms expire at the same',time;'- and WHEREAS, the Water Advisory Committee has reworded certain sections of their By -Laws in order to have continuity provided from the County.Board of Supervisors, the County Engineer, the Regional Water Quality Control Board and the U.S. Soil Conservation Service. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City.of Morro Bay approves the changes in wording of the Water Advisory Committee By -Laws. BE IT FURTHER RESOLVED that new appointments to the.Water Advisory Commitee are not to exceed a total of nine (9) voting members. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof held the 13th day of June, 1983, by the following roll call vote: AYES: ANDERSON, LEMONS, RISLEY, ZEUSCHNER, SHELTON NOES: NONE ABSENT: NONE ATTEST: �- PAUL BAXTER, City Clerk 0 0 RESOLUTION NO. 76-83 A RESOLUTION UPDATING THE MASTER FEE SCHEDULE THE CITY COUNCIL City of Morro Bay, California THE FOLLOWING IS HEREBY PROPOSED: WHEREAS, the City Council finds that fees and charges for City services are in need of updating to reflect changes in the cost of living, and WHEREAS, Article XIII B, Section 8(c) of the California Constitution provides that proceeds from regulatory licenses, user charges, and user fees which do not exceed the costs of providing the regulation, product, or service do not constitute "proceeds of taxes", and WHEREAS, the City has reviewed its fees, taking into account changes in personnel costs, supply costs, and other costs and finds that the proposed revised fees are in all cases no more than the reasonable cost of providing the related service; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay that the attached Master Fee Schedule is adopted as indicated in the rightmost column and will be effective July 1, 1983 and thereafter unless changed. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held thereof this 13th day of June, 1983 by the following roll call vote: AYES: ANDERSON, LEMONS, RISLEY, ZESUCHNER, SHELTON NOES: NONE ABSENT: NONE ATTEST: P GG BUCH N N, DEPUTY CITY CLERK CITY OF MORRO BAY • MEMORANDUM TO: Department Heads FROM: Finance Director SUBJECT: Master Fee Schedule DATE: June 16, 1983 Attached you will find the 1983-84 Master Fee Schedule which was adopted by the City Council. This Fee Schedule is to be used for all applica- tions, renewals and services effective 7-1-83. W 0 • City Administrator • Type 1. Vehicle Registration Aeration on certain public property - permit Use permit for residents on restricted streets 2. Harbor special boating event permit * Council Resolution 0 Section 10.28.190 10.44.020 15:12.020. Base Revised None None CR* mr's 1 Finance Department Type Section Base Revised 1. Undesignated Professions 5.08.020 Annum $ 55.00 Plus: each employee " 11.00 55.00 2. Apts., Motels, Hotels, Multiple 5.08.030 Annum Dwellings, Rest Homes, Rooming - houses, Hospitals, & Sanitariums 2.20 Plus: for each unit, person . 3. cared for, over 4 Art, Hobby, or Handicraft Shows 508.040 Gr. Rct. 3% an xhi itions Annum 1.10 Minimum per salesperson 4. Auctioneers 5.08,050 Day .55.00 Not fixed place of business Annum c Fixed place of business I Day ..55.00. 220.00 5•. Carnivals and Circuses 5.08.060 1% 6. Coin -operated Vending Machines 5.08.070 Gr. Rct. 7. Contractors 5.08.080 Annum 11'0_.00 General- Job 55.00 " minimum Annum 55.00. Specialty " Job 11.00 8. minimum Delivery by Vehicle 5.08.090 Annum 55.00 For one or more vehicles 9. Fire, 4lreck, or Bankrupt Sale 5.08.100 77.00 Each sale Plus: in excess 3 days Each day 44.00 10. Flea Markets 5.08.110 Daily Gr. D 5. 00 Fl n� per salesman Day 11. Garage Sales 5.08.120 None 1 - 2 sales Annum 55.00 3 or more 12. Home Occupations 5.08.130 Annum 22.00 xception icense " 55.00 13. Basic license_ Moneylenders & Pawnshops 5.08.140 Annum 220.00 14. Peddlers, Solicitors, or 5.08.150 Itinerant Merchants Day 22.00 e ers Solicitors .00 22.00 Plus: each employee Itinerant Merchants l•leek .00 4444.00 Month 66.00 Quarter 88.00 180 days 110.00 15. Public Utilities 5.08.160 Annum 55.00 xception: 4! en City franchise (lone tax is greater than $50 16. Real Estate -California 5.08.170 Annum .00 licensed broker 11.00 11 Salesman or agent - each 11.00 'Employe- each e 'i MFS 2 Finance Department • Type Section 17. Exhibiting animals or birds, 5.08.180 trained or otherwise, or trick riding, wire dancing, or other exhi.bitions No -fee or admission Merry-go-round, revolving wheel, chute, toboggan, slide, mechanical riding contrivance or pony ride Tent Show or itinerant show Fo —fee admission Wrestlin or boxing exhibition or show Pub is Dance No fee or admission 18. Secondhand Stores & Junk Dealers 5.08.190 Eac emp oyee" 19. Skating Rink 5.08.200 20. Trailer House, Travel Trailer Park 5.08.210 or Mobile Home Park Rents spaces 1 - -4 Plus: each additional space Base Revised Day $ 22.00 None Day 22.00 Day 55.00 None Day 22.00 Dance 22.00. None Annum 55.00 " 11.00 Annum 55.00 Annum 55.001 2.20 MFS 3 Fire Department Type Section Base Revised 1. Automatic Fire Protection Service Inside City - Rates 9.00 4" or smaller 13.04.430 2-Months 6" 13.04.430 14.00 8" 13.04.430 18.00 10" 13.04.430 22.00 Outside City - Rates 4" or smaller 13.04.430 .00 •6" 13.04.430 " 27 .00 8" 13.04.430 36.00 10" 13.04.430 44.00 2. Remove gasoline from 3.00 Underground Tanks 14.60.070 0 3. Fire Alarm Inspection - 59.00 4. Alarm & Sprinkler Inspection - 94.00 .. v 5. Helicopter Standby - 72.00 6. Underground Fuel Tank 50.00 Line Testing - 7. Fueling Boats at Non -fuel Dock - 75.00 8. EMS assistance in Ambulance - 21.00 NFS 4 Type Section 1. Private Patrol 5.16.020 2. Ambulances License 5.20.050 Driver permit 5.20.210G Attendant- 5.20.230F 3. Taxicabs icense per can 5.24.140 Driver 5.24.240 4. Bingo Games Permit 9.12.050I 5. Alarm Systems Permit 9.22.020A Connection Fee 9.22.020B 6. Vehicle Removal 10.48.090 7. Bicycle License- 10.52.020C 8. Money Lenders and Pawnshops Business License CneCK 5.08.140 9. Finyerprintincq 10. Copies of Reports 11. Concealed Weapon with fingerprints 12. Clearance Letter 13. General Police Permits •ice Department Base Year Semi-annual Annual s Revised $ 26.00 45.00 2.00 2.00 30.00 5.00 30.00 6.00 Cost 40.00 1.00 10.00 6.00 8.00 100.00 6.00 6.00 MFS 5 Planning and Community Development Type Section Base Revised 1. Building & Construction CR* Permit Fees 14.12.080 2. Civil Defense Shelters Permit Fees 14.36.200 CR* 3. Unsafe Buildings —Fepairr or Demolish 14.40.250 Expenses 4. Marine Docks Permi" t — 14.52.030 —tR* 5. Moving Building �t & Ini-pection $ Within or to City 14.56.270 so 80.00 6. Sians - Permits Valuation of signs $ 0 - $2,000 $2,001 - $25,000 + for each $1,000 over $2,000 $25,001 - $50,000 + for each $1,000 over $25,000 $50,001 - $100,000 + for each $1,000 over $50,000 $100,001 and up + for each $1,000 over $100,000 Signs - Inspection Permits Signs - Exception Permits 7. Harbor Structure Permit Houseboat Living Permit 8. Zoning Temporary Use Permit Use Permit (1) Occupancy Only (2) P.D. Zone (1) Specific Plan (2) Occupancy Only Special Use Permit Variance Major Minor (Administrative, and single family) Use Permits. Arcades 14.64.120 14.64.300 14.64.130 15.20.020C 15.40.010 17.48.280B 17.60.020 17.60.020 I 16.00 20.00 3.00 89.00 2.50 151.50 1.50 226.50 1.00 None 300.00 CR* 11.00 70.00 660.00 220.00 660.00 220.00 660.00 660.00 83.00 420.00 HFS 6 Type Section 8. Zoning - continued P.D. Zone (General Plan) Minor Const. for Occupancy/Use Zone Change General Plan Amendment 9. Code Compliance, Bldg. Inspt. 10. Land Use Confirm. Letter 11. Appeals Ron-Pub1_ic Public .. 12. Spec. Treat. Comb. District Major Minor 13. Parking Lot Dev. Permit 14. Special Parcel Map Review 15. Tentative Tract Map Review 16. Tentative Parcel Map Revie� 17. Environmental Assessment Report Initial non-exempt - 18. Environmental Impact Study 19. Building Permit Fees Total Valuation $1 - $500 $501 - $2,000 + for each $100 over $500 $2,001 - $25,000 + for each $1,000 over $2,000 $25,001 - $50,000 + for each $1,000 over $25,000 $50,001 - $100,000 + for each $1,000 over $50,000 $100,001 - $250,000 + for each $1,000 over $100,000 $250,000 - $500,000 + for each $1,000 over $250,000 $500,001 - and up + for each $1,000 over $500,000 Pla ng and Community Development I e Revised I 36.00 30.00 15.00 15.00 600.00 165.00 50.00 220.00-- 660.00 300.00 100.00 101' of Contract 10.00 10.00 2.00 40.00 8.00 224.00 6.00 374.00 4.00 574.00 3.00 1,024.00 3.00 1,774.00 2.00 MFS 7 Type 19. ---continued--- Plan Check Fees Plannin4nd Community Development Section Base Revised Other Inspections and Fees Inspections outside of normal business hours (2 Hr. Min) Reins ection Fee assesse un er provisions of Section 305(g) Inspections for which no fee is specifncal y indicate # our Min. Additional Plan Review requ red by changes, additions or revisions to approved plans (# Hour Min.) 20. Penalty Fee ommencing construction without permit 21. Electrical Permits * 22. Mechanical Permits * 23. Plumbing Permits * * See Attachment - for detailed Fee Schedule 65% Bldg Permit fee above Hour $17.00 -$17.00 Hour 2' $17.00 Hour $17.00 $100.00 + Double Permit Fee Generally per Uniform Administrativ Code of the U.B.C. (1982) 11 11 o� MFS 8 • ELECTRICAL • FEE SCHEDULE 1. For issuing permits, each $10.00 2. For services including one meter: A. For services, 600 volts or less, not over 200 A, each. 12.50 B. For services, above 600 volts or over 200 A, each 25.00 C. For services over 6000 volts or over 1,000 amperes in rating, each 50.00 D. Additional meters, each 2.00 3. For receptacles, switches, lighting or other outlets at which current is used or controlled: First 20, each .50 For each additional unit exceeding 20 .20 Each 5 feet or fraction thereof of multi ..outlet assembly shall be considered as one outlet .20 For each 5 feet or fraction thereof of plug-in bus duct or trolley duct .40. 4. For Fixtures, sockets or other lamp holding device: First 20, each .50 For each additional unit exceeding 20 .20 5. POWER APPARATUS: For motors; generators; transformers; rectifiers, sunchronous converters; capacitors; industrial heating, cooking, or baking equipment; and other apparatus as follows: Rating in horsepower (HP), Kilowatts (KW), or Kolovolt-Amperes (KVA) A. Up to and including 1, each 2.00 B. Over 1 and not over 3, each 3.00 C. Over 3 and not over 7 1/2, each 4.00 D. Over 7 1/2 and not over 15, each 6.00 E. Over 15 and not over 50, each 10.00 F. Over 50 and not over 100, each. 20.00 G. Over 100, each 30.00. NOTE: 1. For equipment or appliances having more than one motor or heater, the sum of the combined ratings may be used. 2. These fees include all switches, circuit breakers, r_entactors, relays other directly related control equipment. !! MFS 9 ELECTRICAL • • Page 2 5. For each high intensity discharge lamp (including transformer) and equipment: For each fixture 1.00 7. For each projection machine, dissolver, etc. 5.00 B. RESIDENTIAL APPLIANCES: For fixed residential appliances or receptacle outlets for same, including wall -mounted electric ovens, counter -counter cooking tops, electric ranges, air conditioners or coolers, space heaters, food waste grinders, dish- washers, washing machines,,water heaters, clothes dryers, or motor operatedappliances, not exceeding one (1) horsepower (HP) in rating, each 2.00. NOTE: For motor operated appliances over 1 (HP) see Power Apparatus 9.NON-RESIDENTIAL APPLIANCES: For -self-contained, factory wired, non-residential appliances not exceeding one (1) horsepower (HP), Kilowatt (KW), or Kilovolt -ampere (KVA), all rating including medical and dental devices; food, beverage, and ice cream cabinets, illuminated showcases, drinking fountains, vending machines, laundry machines, or other similar types of equipment, each 2.00 10. SIGNS, OUTLINE LIGHTING, AND MARQUEES: A. For one sign, outline lighting system or marquee containing one branch circuit, each 10.00 B. For additional branch circuits within the same sign, outline lighting system, or marquee, each 2.00 C. For separately installed flashers, timbers or other control devices, each 2.00 11. For new construction, single family dwellings and dwelling areas of multi -family dwellings, the following flat rate may apply; this will include all outlets, range, dryer and any other miscellaneous circuits 3.00 per 100 sq. ft. 7 MFS 10 ELECTRICAL • • Page 3 12. Private Swimming Pools For new private, residential, in -ground, swimming pools for single-family and multifamily occupanices including a complete system of necessary branch circuit wiring, bonding, grounding, under- water lighting, water pumping and other similar electrical equipment directly related to the operation of a swimming pool, each 20.00 13. Carnivals and Circuses Carnivals, circuses, or other traveling shows or exhibitions utilizing trans- portable -type rides, booths, displays and attractions. A. For electric generators and electrically driven rides, each 10.00 B. For mechanically driven rides and walk- through attractions or displays having electric lighting, each 3.00 C. For a system of area and booth lighting, each 3.00 14. Temporary Power Service For a temporary service power pole or pedestal including all pole or pedestal -mounted receptacle outlets and appurtenances, each 10.00 15. For each extra inspection made necessary by defective workmanship or materials 15.00 15. For the inspection of any electrical equipment for which no fee is herein prescribed for the time consumed per hour 20.00' 17.. With minimum charge 1/2 hour or less 10.00 18. For each room containing ceiling cable heat 2.00 Any person who shall commence any electrical work for which a permit is required by this ordinance without first having obtained a permit therefor shall, if subsequently granted to obtain a permit, pay an additional fee equal to double the permit fee, plus $100, fixed by the section for such work provided that this provision shall not apply to emergency work when it shall be proved to the satisfaction of the Chief Building Inspector that such work was urgently necessary and that it was not practical to obtain a permit 3 MFS 11 therefor befo• the commencement of w In all such cases, a permit must be obtained as soon it is practical to do so, and if there be an unreasonable delay in obtaining such a permit a double fee as herein provided shall be charged. 0 4 MFS 12 • MECHANICAL • FEE SCHEDULE 1. For the issuance of each permit $ 10.00 2. For the installation or relocation of each forced -air or gravity type furnace or burner, including ducts and vents attached to such appliance A. Up to and including 100,000 B.t.u. 10.00 B. More than 100,000 B.t.u. up to and including 500,000 B.t.u. 15.00 `C. More than 500,000 B.t.u. up to and including 1,000,000 B.t.u. 20.00 D. More than 1,000,000 B.t.u. up to and including.2,000,000 B.t.u. 30.00 E. Mote than 2,000,000 B.t.u. 50.00 3. For the installation or relocation of each floor furnace including vent 10.00 4. For the installation or relocation of each suspended heater, recessed wall heater or floor -mounted unit heater including vents 10.00 5. For the -installation, relocation, or replacement of each appliance vent installed and not included in an appliance permit 4.00 6. For the repair or alteration of, or addition to each heating appliance, refrigeration unit, comfort cooling unit, absorption unit, or each comfort.heating, cooling, absorption, or evaporative cooling system, including installation of controls regulated by this Code 10.00 7. For the installation or relocation of each boiler up to and including five horsepower, or each absorption system up to and including 100,000 B.t.u. (including vent) 10.00 8. For the installation or relocation of each boiler or compressor over five horsepower up to and including 15 horsepower, or each absorption system over 100,000 B.t.u. up to and including 500,000 B.t.u. (including vent) 15.00 9. For the installation or relocation of each boiler or compressor over 15 horsepower up to and including 30 horsepower, or each absorption system over 5000, B.t.u. up to and including 1,000,000 B.t.u. (including vent) 20.00 5 NFS 13 MECHANICAL Pao 2 10. For the installation or relocation of each boiler or compressor over 30 horsepower up to and including 50 horsepower, or each absorption system over 1,000,000 B.t.u. up to and including 2,000,000 B.t.u. (including vent) 30.00 11. For the installation or relocation of each boiler or refrigeration compressor over 50 horsepower, or each absorption system over 2,000,000 B.t.u. (including vent) 50.00 12. For each air handling unit up to and including 2000 cubic feet per minute, including ducts attached thereto 4.00 13. For each air handling unit over 2000 cubic feet 8 per minute up to and including 10,000 cubic feet per minute including ducts attached thereto 10.00 14. For each air handling unit over 10,000 cubic feet per minute 20.00 15. For each fire damper 2.00 16. For. -each air inlet and air outlet served by any. heating, ventilating or air conditioning system .50 Or, in the alternative, for.each 1000 square feet or fraction thereof of conditioned area for any heating or air conditioning system serving other than residential buildings 5.00 Or, in the alternative, for each 1000 square feet or fraction thereof of conditioned area for any heating or air conditioning system using perforated building material in lieu of conventional air inlets and outlets. 4.96 17. For each evaporative cooler other than portable type (commercial) 6.00 18. For each ventilating fan connected to a single duct (commercial) 4.00 19. For each ventilation system which is not a portion of any heating or air conditioning system authorized by a permit (commercial) 8.00 20. For the installation of each hood which is served by mechanical exhaust, including the fans and ducts attached thereto 10.00 N 21. For the install t uon or relocation of each. commercial or istrial type incinerator 40.00 22.. For each appliance or piece of equipment regulated by this Code, but not classed in other appliance categories, or for which no other fee is listed in this Code 8.00 23. For incidental gas piping 3.50 24. Reinspection fee 25. Mechanical Plan Check Fee (per hour) 15.00 Whenever mechanical plans are required by the Building Official, plan check fees• shall be in accordance with the following schedule: A. Fifty percent of the Mechanical Permit Fee shall be required for the following: 1. Any Group A, B, C, D or E Occupancy. 2. New buildings having an aggregate floor area of 15,000 square feet and over. 3. Installations other than those listed in 1 and 2 above, where the aggregate B.t.u. input capacity is 350,000 B.t.u. and over for comfort heating, or an aggregate of 25 horsepower and over for comfort cooling, or an aggregate of 350,000 B.t.u. input capacity and over for absorption units. B. Plan "Check Fee for alterations to approved plans (per hour) 24-00 C. Minimum charge (per half hour or less) 12.00 Any person who shall commence any mechanical work for which a permit is required by this ordinance without first having obtained a permit therefor shall, if subsequently granted to obtain a permit, pay an additional fee equal todouble the permit fee,, plus $100, fixed by the section for such work provided that this provision shall not apply to emergency work when it shall be proved to the satisfaction of the Chief Building Inspector that such work was urgently necessary and that it was not practical to obtain a permit therefor before the commencement of work. In all such cases, a permit must be obtained as soon as it is practical to do so, and if there be an unreasonable delay in obtaining such a permit a double fee as herein provided shall be charged. 7 MFS 15 • PLUMBING FEE SCHEDULE 1. For issuing each permit 10.00 2. For each plumbing fixture or trap, including water, waste, and vent piping 4.00 3. For each building drain (each building, structure, or trailer park home) 10.00 4., For each building sewer 10.00 5. For each industrial waste pre-treatment interceptor (sand or grease) 10.00 6. For each backwater valve installed on any drainage system 4.0 7. Rain water system (per drain) 4.00 8. For each building sewer alteration, repairing or Capp .ng off 10.00 9. For each septic tank, drywell, cesspool or each drainfield 28.00 _. 10. For installation, alteration or replacement of water piping and/ or water -treatment equipment (except the exchanging of rental type softeners) connected to a potable water piping system 6.00 11. For repair or alteration of drainage and/or vent piping serving not more than two (2) fixtures 4.00 When serving more than two (2) fixtures, for each additional fixture over two (2) 2.00 12. Lawn Sprinklers: each system one (1) to five (5) control valves or vacuum breakers 10.00 Each system six (6) to twelve (12) control valves or vacuum breakers 16.00 Each system over twelve (12) control valves or vacuum breakers 24.00 13. For the installation of standpipes, wet or dry, each outlet 3.00 14. For vacuum breakers or backflow protective devices on tanks, vats, etc., or for installation on unprotected plumbing fixtures including necessary water piping - one (1) to five (5) 4.00 Over five (5) each 1.00 15. For each water heater - electric or gas (vent included) - new installation or replacement 12.00 16. For each boiler to and including 500,000 B.t.u. low pressure 14.00 or high pressure MFS 16 • • PLW-•BIMG Page 2 17. For each swimming pool heater $ 16.00 18. For each separate gas piping system, up to five (5) outlets 4.00 For each additional gas outlet over five (5) 1.00 19. For each inspection of plumbing for which no fee is herein prescribed, per hour 20.00 Minimum Fee 15.00 per hour .20. Each appliance or piece of equipment regulated by this code for which -no fee is listed in this code 6.00 . 21. For each swimming pool: A. Public pool 30.00 B. Private pool 20.00 C. Pool filling system, including back -flow prevention, each 4.00 D. Each water heater and/or vent 12.00 E. Gas piping -system, each 4.00 'F. Replacing of filter 4.00 G. Replacing of piping 5.00 H. Miscellaneous replacements 3.00 I. Backwash receptor 2.00 22. SOLAR A. For issuing each permit 3.00 In addition B. For Collectors (including related piping and regulating devices) -- 1. Up to 1000 square feet (93m2) 3.00 2. Between 1001 (93.1 m2) and 2000 sq. ft. (186 m2) 5.00 3. More than 2000 sq. ft. (186 m2), S5.00 plus $1.00 per 1000 sq. ft. (93 m2) or fraction thereof over 2000 sq. ft. (186 m2) C. For Storage Tanks (including related piping and regulating devices Up to 750 gallons (3m3) 2.00 Between 751 (8 m3) and 2000 gallons (8 r13) 3.00 More than 2000 (8 m3) gallons, $3.00 plus $1.00 per 1000 (4 m3) or fraction thereof over 2000 gallons (8 m3) D. For Rock Storage -- Up to 1500 cu. ft. (42 m3) 2.00 Between 1501 (42.1 m3) and 3000 cu. ft. (84 m3) 3.00 More than 3000 cu. ft. (04 m3),'$3.00 plus S1.00 per 1000 cu. ft. (28 m3) or fraction thereof over 3000 cu. ft. (84 m3). MFS 17 PLUMBING Page 3 E. For this F. Plan plan the each appliance or piece of equipment Code for which no fee is listed regulated by 2.00 check fee. Where specific plans are required, a check fee shall be charged equal to one half (112) total permit fee, excluding the permit issuance fee. Any person who shall commence any plumbing work for which a person is required by this ordinance without first having obtained a permit therefor shall, if subsequently granted to obtain a permit, pay an additional fee - equal to double the permit fee, plus $100, fixed by the section for such work provided that this provision shall not apply to emergency work when it shall be proved to the satisfaction of the Chief Building Inspector 7 that such work was urgently necessary and that it was not practical too- obtain a permit therefor before the commencement of work. In all such cases, a permit must be obtained as soon as it is practical to do so, and if there be an unreasonable delay in obtaining such a permit a double fee as herein. provided__ shall be charged. 14FS 18 GRADING PERMIT Fee Schedule ' Cubic Yards Fee 0 to 50 $.20.00 51- 100 30.00 101 200 44.00 201 300 58.00 301 400 72.00 401 500 86.00 501 600 100.00 601 700 114.00 701 800 128.00 801 900 142.00 901 1000 156.00 1001 2000 168.00 2001 3000 180.00 3001 4000 192.00 4001 5000 204.00 . 5001` 6000 216.00 6001 7000 228.00 7001 8000 240.00 8001 9000 252.00 9001 10,000 264.00 10,001- 20,000 318.00 20,001 30,000 372.00 30,001 40,000 426.00 40,001 50,000 480.00 50,001 60,000 534.00 60,001 70,000 588.00 70,001 80,000 642.00 80,001 90,000 696.00 90,001 100,000 750.00 100,001 or more $750.00 for the first 100,000 cubic yards, plus $30.00 for each additional 10,000 cubic yards or fraction thereof. MFS 19 GRADING PERMIT Plan Checkina Fee Schedul Cubic Yards Fees 0 to 50 $ 10.00 51 100 20.00 101 1,000 30.00 1,001 10,000 40.00 a 10,001 20,000 60.00 20,001 30,000 80.00 30,001 40,000 100.00 40,001 50,000 120.00 50,001 60,000 140.00 60,001 70,000 160.00 70,001 80,000 180.00 -' 80,001 90,000 200.00 90,001 _100,000 220.00 100,001 to 20.0,000 - $220.00 for the first 100,000 cubic yards plus $12.00 for each additional 10,000 cubic yards or fraction thereof. 200,001 or more - $340.00 for the first 200,000 yards plus $6.00 for each additional 10,000 cubic yards or fraction thereof. MFS 20 Planning Community Development Coastal CWission Fees See Section 13055 Calif Admin Code Type Section , Base Revised Residential ink gle family dwelling $ 25.00 2 - 4 Unit Multiple dwelling ; 75.00 Multiple Residential, 5-16 units 250.00 Multiple Residential, 17-166 units Per Unit 15.00 Multiple Residential, 167 units or more; 2,500.00 Office Commercial, Convention & Industrial 250.00 Less than 10,000 Sq. Ft. Gross 500.00 .Less than 25,000 Sq. Ft. 1,000.00 Less than 50,000 Sq. Ft. Q,500.00 Less than 100,000 Sq. Ft. 2,500.00 More than 100,000 Sq. Ft. Land Divisions Lot line adjustments (Treat as a minor land division unless qualified for an administrative permit) Minor Land Division (Resulting in 4 lots or less 75.00 in an urban area) Major Land Division (Resulting in 4 Lots or more 250.00 in an urban area) Subdivision (5 lots or more) Each lot =1 unit of multiple residential: see above Divisions of land that include applications for no more than one house on each lot require no additional fees for con- struction of the residences. Other Developments Emergency Permits Other Developments less than $50,000 in cost, if qualifies 25.00 for an Administrative Permit Additions to existing structures less than $50,000 in cost, if qualified for an Administrative 25.00 Permit 25.00 Amendments to Coastal Permits Assignment of Coastal Permit 25.00 to another party Time extensions of Coastal Permit 2 fdr a SFR .00 Any item that would normally be 50.00 placed on the consent agenda I NFS 21 • Type Section 4. Other Developments . continued... Any Development not covered in 1-4 above Cost under $100-000 Cost $100,000 to $500,000 Cost $500,000 to $1,250,000 Cost $1,250,000 to $2,500,000 Cost $2,500,000 to $5,000,000 Cost more than $5,000,000 Planni and Community Development Coastabommission Fees . See Section 13055 Calif Admin Code Base Revised $ 75.00 250.00 500.00 1,000.00 1,500.00 2,500.00 a MFS 22 3. 4. 5. M. 7. 8. 9. 10. • Type Section vehicle Registration Prohibited vehicle Permit 10.28.130E Advertising vehicle permit 10.28.140 Underground Utilities Permit Regular 13.16.140 Special Soil Stability! Studies 14.16.090 Flood Hazard Development Permit 14.72.110 Harbor Piers and dockings, Explosives, loading and unloading permit 15.16.030 Subdivisions Tentative Tract Map Review 16.20.060 Tentative Parcel Map Review 16.20.060 Final I•lap - Tract 16.'24.050B1 + per lot Final Parcel Maps with improvements 16.28.010 Final Parcel Maps without improv. Inspection Sidewalk Review Staking Restaking General Encroachment Permits Regular Special City Engineer • Base 'Revised Pione None $ 33.00 64.00 22.00 215.00 P 28.00 660.00 220.00 275.00 2.75 120.00 35.00 15.00 10.00 Time & Mat'l Time & Mat'l 33.00 64.00 MFS 23 Public Works - Streets Type 1. Nuisances Weed Abatement 2. Streets and Sidewalks Exception application 3. Trees Deviation Permit Removal Permit Utility Permit to trim brace or remove Business Permit to trim brace or remove Destruction or attachment permit ' 4.. Mini Bus Rental + Greater of: Per Mile or Per Hour Section 8.12.090 12.04.180 12.08.040 12.08.080 12.08.110 12.08.120 12.08.130 Base Costs None None None None None None $20.00 2.00 16.00 MFS 24 Type 1. Harbor Bait Receiver Permit mooring Fees Dockage List - Deposit 2. Emergency Towing; Remooring After first occurrence 3. Boat Pumpouts After first occurrence 4. T-Pier Hoist * Council Resolution Public Works - Harbor • Section Base 15.24.050 15.28.100 15.32.020 Hour Revised $ 250.00 39.00 -39.00 5.00 4 MF5 25 • Publi Works - Water Type Section 1. Water Service Application 13.04.070 Connection = City 13.04.100 Connection - outside City Connection - Subdivision Main -extension - Approval :13.04.120 Temporary Service Application 13.04.150B Meter. Installation Meter Moved Meter size change Meter test 13.04.180 Fast error greater than 2% Fast error less than 2% Circuses, carnivals and 13.04.240 traveling shows - fire hydrants Reconnection 13.0.4.310 2. Fire Hydrants Contractor's Use Meter installation & removal 13.04.360 Meter use Water Service 3. Water Cross - connection Certificate of competence 13.08.070B 4. Water Usage Minimum and availability charge 13.04.220 Deposit 13.04.220 * Council Resolution r Base None Costs Double cost Owner's Expense 3% Est. Project Cost Expenses $ 32.00 + mat'l Owner's Expense Owner's Expense None $ 49.00 16.50 / day 5.50 5.50 1.10 .55 11.00 CR* CR* f-IFS 26 1 2 Type Section Refuse Collection Rates & Basis 8.16.360 Sewers Connection Permit 13.12.010 Extension - pro -rated 13.12.050 Use of existing sewer permit 13.12.090 Use Charges 13.12.210 Discharge Fee. House Trailer or Campers 13.12.250A Tank.Trucks & Commercial 13.12.250B For each truck, for each 1,000 gallon capacity Private Facility 13.12.280 Minimum and Availability Charge 13.12.090 * Council Resolution Public AWice - Sanitary - Base Revised CR* Cost Cost CR* CR* None $6.00 None o CR* MFS 27 Tyne Section 1. Animals and Poultry Animals -Care 7.12.020 Poultry - Care Disposal 7.04.100 2. Dogs Impounding 7.08.090 License fee plus: First occasion Second occasion Thirds each subsequent occasion in calander yr. Care 7.08.120 Quarantine 7.08.150 License 7.08.250 Under 4 months Altered Unaltered Late payment 3. Cats Impounding-- 7.12.010 1. Kennels and pet shop permits 7.04.120 2. Radioactive Materials Transportation permit 8.28.020 3. Well Application permit 14.68.070 Inspection 14.68.150 * As set by San Luis Obispo County Officials County Poundmaster • QaSp Health Officer I MFS 28 Recreation - Public Building Rental Type Section Base Revised 1. Damage Deposit None $2G.00 B 25.00, C 100.00 D D - with alcohol 150.00, E 100.00 E - with alcohol 150.00 2. Vet's Hall W/O Kitchen A None B Hour a 3.00 4.00 C " 6.00 Dr 7.50 Dn " 12.00** E 3. Vet's Hall -Kitchen & BBQ A None B Use 4.00 It 6.00 C 10.00 Dr " 12.00 Dn " 15.00** E 4. Recreation Hall None A Hour 2.00 B 3.00 C " 4.50 Dr " 6.50 Dn at 10.00** E 5. Staff Cost* None A Hour 4.15 B 4.15 B " 4.15 Dr " 4.15 Dn " 4.15 E * Staff required as found in the requirements on the attached page. be charged). ** Fee may be 10% of Gross Income or rental fee (highest dollar amount will MFS 29 {ype 1. Open Space Permit** BBQ Pit Reservation A B C, Or On E 2. Sport Facility Reservation A B C Or Dnr E 3. Sport Facility Use* A B C Or Dnr E Section Recreation - Park Reservation • Base Revised None None Permit $5.00 5.00 7.50 10.00 None Permit 5.00 " 5.00 a 5.00 7.50 " 10.00 None W/Lights 15.00 + 2.00 HR. " 15.00 + 2.00 HR. " 15.00 + 2.00 HR. " 16.50 + 2.00 HR. Gross Income. 20% or per match 5.00 (greater of) + W/Lights 15.00 +: 2.00 HR. * This fee is only assessed if lights are used on a site or a structured sport program is held on the site. ** Cost of any City time and/or materials will be passed on to permit holder in addition to the permit fee for all open space permits. MFS 30 Recreation RENTAL ATTENDANT REQUIREMENTS Rental Attendants are required during any group use with over 100 people in attendance OR when any alcohol is served. Any group(s) or user(s) in priorities D-E are required to have a rental' attendant whenever using a City facility_ Rental attendants are not required; during regular calendar meetings by B or C,priority users if the meeting is held between 8:00 am and 10:00 P.M. Rental.attendant requirements can be waived only at the discretion of the Recreation Facilities Coordinator. c RE'ITAL ATTENDANT REQUIREMENTS Rental Attendants are required during any group use with over 100 people in attendance OR when any alcohol is served. Any group(s).or user(s) in priorities D-E are required to have a rental attendant whenever using a City facility. Rental attendants are not required during regular calendar meetings by B or C priority users if the meeting is held between 8:00 am and 10:00 P.M. Rental attendant requirements can be waived only at the discretion of the Recreation Facilities Coordinator. RENTAL ATTENDANT REQUIRE.MP-iTS Rental Attendants are required during any group use with over 100 people in attendance OR when any alcohol is served. Arty -roup(s) or user s) in priorities D-E are required to have a rental attendant whenever using a City facility. Rental attendants are not required during; regular calendar- meetings by 13 or C priority users if the m2e'tin; is held between 8:00 am and. 10:00 p.rr... Rental at requirements can be Waived only at the discretion. Of 'the Recreation Facilities Coordinator. MFS 31 i Recreation O ca ro z < z c) ro C c) H p K K Yo K O O CD O r- O Y• �C , G O . M Y• CD P. 1 O .< ct ct (n. rs < C O < 1 n l CD r co `G ty ' ct- c+ C+ `� cr t•, p� r, O p O O 9E' (D CD r CD O K c CD ,F C) H Y• ti, "o rD Cn - K z ' H Cn P. cb..Y. ct O N O p '. C �l N c+ z:r O• O O K O 'd 1 P. CD O 0 F- M. > O K K C N N Py K O K CD K M 07 F' Oq O ro ' ' CD C) CD O O H CD (n 'N f (n z In U G Ci C P. :3 z to P. c+ c+ ro p 'a r n P. - P _ f0 G GD N p CD p C+ O I r- 7 L' O K O K (n O K ro 02 C N n N ct N r u' f f ro 0 H � H C i i MFS 32 i 6 RESOLUTION NO. 75-83 RESOLUTION OF THE CITY COUNCIL CITY OF MORRO BAY APPROVING THE APPLICATION FOR 1980 STATE GRANT MONIES 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 with the State of California velopment of the project; agency will enter into an agreement for the acquisition and or de - NOW, THEREFORE, BE IT RESOLVED that the City of Morro Bay 1. Approves the filing of an application for 1980 state grant assistance for the Lila H. Keiser Park Improvements 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, payment requests, and so on which may be necessary for the completion of the aforementioned project. RESOLUTION NO. 75-83 PACE TWO PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof held this 13th day of June, 1983, by the following roll call vote: AYES: ANDERSON, LEMONS, RISLEY, ZEUSCHNER, SHELTON NOES: NONE ABSENT: NONE ATTEST: PAUL BAXTER, ity Clerk .� e n 000 0 00 0 o /E,�/SfNG U 0 ti a/ ST m \ o � i t RESOLUTION NO. 74-83 RESOLUTION REQUESTING THE PUBLIC EMPLOYEES' RETIREMENT SYSTEM TO EXTEND THE FUNDING PERIOD FOR CURRENT SERVICE AND DEATH BENEFITS ACTUARIAL LIABILITIES FOR THE CITY OF MORRO BAY THE CITY COUNCIL City of Morro Bay, California WHEREAS, the City of Morro Bay is a contracting agency of the Public Employees' Retirement System; and, WHEREAS, the City of Morro Bay has a financial need to reduce current expenditures; and, WHEREAS, the. City Council has been advised by the Actuarial Office of the Public Employees' Retirement System that the City of Morro Bay may request the extension of its funding period for current service and death benefits actuarial liabilities to June 30, 2011, under the terms of the contract with the Public Employees' Retirement System; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Morro Bay does request the extension of the funding period for the current service and death benefits actuarial liabilities to June 30, 2011, under said agreement and further resolves to direct the City Clerk to forward two certified copies of this resolution to the Public Employees' Retirement System. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof held the 13th day of June 1983 by the following roll call vote: AYES: Anderson, Lemons, Risley, Zeuschner, Shelton NOES: None ABSENT: None ATTEST: RESOLUTION NO. 73-83 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY VACATING A PORTION OF TORRO DRIVE PURSUANT TO STREETS AND HIGHWAYS CODE § 8320, ET SEQ. WHEREAS, the Council, by Resolution No. 66-83 , which resolution and the findings contained therein are incorporated herein by refer- ence, advised of its intent to vacate a portion of Torro Drive as described on Exhibit A attached hereto; and WHEREAS, the general location and extent of the street proposed to be vacated is shown on the map attached hereto as Exhibit B, so designated on the map with diagonal lines; and WHEREAS, the Council finds that the requirements of Streets and Highways Code § 8322 requiring notice of public hearing by pub- lication, and the requirements of Streets and Highways Code § 8323 requiring notice of proposed vacation by posting, have been substan- tially complied with; and WHEREAS, the Council, at a public hearing, has received and considered all evidence offered by interested persons, and finds from all evidence submitted, that the above -described portion of Torro Drive is unnecessary for present or prospective public use; NOW, THEREFORE, the Council hereby resolves as follows: 1. Based upon the findings set forth in Planning Commission Resolution No. 37-83, which resolution and findings the Council acknowledges, accepts, and incorporates herein by reference, the Council now finds and declares the above -described portion of Torro Drive to be unsuitable for present or prospective public use. 2. Based upon the findings set forth in said Planning Commission AG:fr -1- 4/19/83 N Resolution, which resolution and findings the Council acknowledges, accepts, and incorporates herein by reference, the Council now finds and declares that the vacation of the above -described portion of Torro Drive to be in conformity with the City's General Plan. 3. Pursuant to Streets and Highways Code § 8320, et seq., the Council now vacates that portion of Torro Drive described above. 4. The City Clerk shall cause a certified copy of the resolu- tion of vacation, attested by the City Clerk under seal, without acknowledgement, certificate of acknowledgement, or further proof, to be recorded in the office of the County Recorder. Streets and Highways Code S 8325 exempts such a recordation from a fee. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Morro Bay held on June 13, 1983 ATTEST: .r�!L I:`r DEPUTY Ci - erk -2- Doc No: 1999101500 Rpt No: 00108757 Official Records :NF —1 0.001 RECORDING REQUESTED BY San Luis Obispo Co. ; AND WHEN RECORDED MAIL TO Julie L . Rodewa l d Recorder City of Morro Bay Public Services, N.M. Dec 1 7 , 1999 ; 590 Morro Bay Boulevard Time: 1 5 : 36 Morro Bay, CA 93442 j Re: Assessor's Parcel Number 065-091-020 L 1 _ :TOTAL 0.00 CORRECTION OF EXHIBIT A OF CITY OF MORRO BAY CITY COUNCIL RESOLUTION 73-83 (DOCUMENT NO. 1999-025224) BEING A DESCRIPTION OF LAND VACATION TO THE THEN AND CURRENT OWNERS: LARRY AND DIANE KAMIEN. The following legal description corrects errors in the description at Exhibit A as recorded in Document No. 1999-025224, of Official Records of the San Luis Obispo County Recorder. The corrected errors are: Torro Drive to Toro Drive and S12°21'W to S12°21'E at two places and S45°03'24"E to S4500312411W at one place. LEGAL DESCRIPTION OF PROPOSED VACATION (Excluding City Easement) Commencing at the southwest property corner of Lot 1, Block 313 of the Atascadero Beach Subdivision, in the City of Morro Bay, designated thereon as Toro Drive, as described in the map filed at the Recorder's Office of San Luis Obispo County, California, in Book 18 of Record of Surveys at Page 74 on March 20, 1972,thence; S 120211E, 8.91, to the true Point of Beginning; thence; S12.2FE, 14.83', thence; N45003'24"E, 97.73', more or less, to a point on the westerly right-of-way line of Toro Lane, thence; N3403TW along said right-of-way line a distance of 127 to a point on said right-of-way line, thence; S45°03'24"W, 92.01', more or less, to the True Point of Beginning. Date: 12 By: wz ��. Robert E. Hendrix Interim City Manager, City of Morro Bay STATE OF CALIFORNIA, COUNTY OF SAN LUIS OBISPO, CITY OF MORRO BAY On 12 I V Ig before me, Bridgett Bauer, City Clerk for the city of Morro Bay, personally appeared Robert He rdrix, personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand official sea Signature: ! /FOP, END OF DOCUMENT � y RESOLUTION NO. 72-83 A RESOLUTION AMENDING RESOLUTION NO. 54-83 AND ADDING THERETO CERTAIN.DESCRIBED FEES THE CITY C O U N C I L City of Morro Bay, California WHEREAS, the City Council of the City of Morro Bay, California has established a Master Fee Schedule for City services and permit applications, Resolution No. 54-82; and WHEREAS, the additional fee subjects have been subsequently identified and calculated as to their actual City cost for perfor- ming such service or permit processing; and. WHEREAS, the City Council.deems it necessary and desirable for applicants requesting City services to compensate the City for all or a portion of the associated expense; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro.Bay, that Resolution No. 54-82, setting forth fees for City Services and permits is hereby amended to include a fee of $420.00 for Conditional Use Permits for video arcades as provided by Municipal Code Section 17.48.290., PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held the 13th.day of June, 1983, by the following roll call vote: AYES: NOES: ABSENT: ATTEST: ANDERSON, LEMONS, RISLEY, ZEUSCHNER, SHELTON NONE NONE �� a f �a• • Of RESOLUTION NO. 71-83 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY APPROVING ASSIGNMENT OF LEASE SITES NOS. (EXTENSION OF) 1.22W AND 123W THE CITY C O U N C IL City of Morro Bay, California WHEREAS, a recuest has been made by George W. Leage and Claire. Jean Leage to transfer the leasehold interest in Lease Sites No. 122W and 123W (Extension of) to. Harbor Hut, Inc.; and WHEREAS, it is in the public interest that the approval of this Citv Council be given to said assignment, provided the, assianees 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 assign- ment of the Extension of Lease.Sites 122W and 123W from George W. Leage and Claire Jean Leage to Harbor Hut, In.; 2. A copy of the Assignment of Lease and Assumption Agreement is to.be.made a part of this_ Resolution; and 3. This assignment shall become effective upon receipt by the City of the executed Assignment of Lease and Assumption Agreement. PASSED AND ADOPTED, by the City Council of the City of Morro Bay at a regular meeting held thereof on this 23rd("dayr.of May, 1983 by the following roll call vote: AYES: Anderson, Lemons, Risley, Zeuschner, Shelton NOES: None ABSENT: None E R. SHELTON,MAYOR- ATTEST: PEG PCHANAN, DEPUTY CITY CLERK i 6 RESOLUTION N0.70-83 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY APPROVING ASSIGNMENT OF LEASE SITES No. 122, 123, 122W, AND 123W THE CITY COUNCIL City of Morro.Bay, California WHEREAS, a request has been made by George W. Leage and Claire Jean Leage to transfer the lease hold interest in Lease Sites No. 122, 123, 122W and 123W to Harbor Hut, Inc.; and WHEREAS, it is in the public interest that the approval of this City Council be given to said assignment, provided the. assignees assume all the obligations required to be assumed by Lessee under said Lease; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay as follows: 1. Consent is hereby given by said Council to the assign- ment of Lease Sites 122, 123, 122W and 123W from George W. Leage and Claire -Jean Leage to Harbor Hut, Inc., . 2. A copy of the Assignment of Lease and Assumption Agreement is to be.mad.e a part of this. Resolution; and 3. This assignment shall become effective upon receipt by the Citv of the executed Assignment of Lease and . Assumption_Aareement. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held thereof on this 23rd.day.of May, 1983, by the following roll.call vote: AYES: Anderson, Lemons, Risley, Zeuschner, Shelton NOES: None ABSENT: None E R. SHELTON, MAYOR ATTEST: RESOLUTION NO. 69=83 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, COMMENDING MARION,C. HOUSTON, CITY CLERK OF THE CITY OF PISMO BEACH, UPON HER RETIREMENT THE CITY C.O U N C I L City of Morro Bay, California WHEREAS, Marion C. Houston has served the City of Pismo Beach as City Clerk since.1974, accomplishing her duties with distinction and meticulous attention to detail; and WHEREAS, during this period, Marion has been available to answer with friendly voice, the questions and concerns of the citizens of Pismo Beach; and WHEREAS, Marion undertook during her service to the City of Pismo Beach, the rigorous, extensive and time-consuming training necessary to obtain the coveted certification of Municipal Clerk rating bestowed by the International Institute of Municipal Clerks; and WHEREAS, Marion has demonstrated a high quality of devotion to duty and willingness to give of her time to the City of Pismo Beach; and WHEREAS, Marion C. Houston now sets aside her duties as City Clerk of the City of. Pismo Beach; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay, that Marion C. Houston be commended for the. services she has provided to the Citizens of the City of Pismo Beach and the County of San Luis Obispo, and BE IT FURTHER RESOLVED, that the City Council of the City of Morro Bay wishes Marion the best of luck in all future endeavors. PASSED AND ADOPTED by the City Council of the City of Morro Bav at a regular meeting held thereof on May 23, 1983, by the following roll call vote: AYES: Anderson, Lemons, Risley, Zeuschner, Shelton NOES: None ABSENT: None 11 ESJC--FEE R. SHELTON, MAYOR ATTEST: �1A��1�G�,r l fPEG � CHANAI , DEPUTY CITY CLERK � #5 - RESOLUTION NO. 68-83 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY ACCEPTING A QUITCLAIM DEED TO A PORTION OF TORRO DRIVE IN THE CITY OF MORRO BAY, COUNTY OF SAN LUIS OBISPO, STATE OF CALIFORNIA WHEREAS, Larry Kamien and Diane Kamien have executed a quit- claim deed, dated February 10, 1983, attached hereto as Exhibit A, conveying certain real property on Torro Drive to the City of Morro Bay; NOW, THEREFORE, the Council hereby resolves that the Council accepts said quitclaim deed and authorizes its recordation by the City Clerk in the office of 'the County Recorder. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Morro Bay held on May 23, 1983 AYES: Anderson, Lemons, Risley, 2euschner, Shelton NOES: None . ABSENT: None E R. SHELTON" Mayor ATTEST: 'aa�tk �� Pau Baxter I City Clerk AG: fr 4/19/83 0 . LEGAL DESCRIPTION OF PROPOSED VACATION (Excluding City Easement) Commencing at the southwest property corner of Lot 1, Block 3B of the Atascadero Beach Subdivision, in the City of Morro Bay, designated thereon as Torro Drive, as described in the map filed at the Recorder's Office of San Luis Obispo County, California, in Book 18 of Record of Surveys at Page 74 on March 20, 1972, thence; S12121'W, 8.9', to the True Point of Beginning; thence; S12021'W, 14.83', thence; N45003'24''E, 97.73', more or less, to a point on the westerly right-of-way line of Toro Lane, thence; N34137'W along said right-of-way line a distance of 12.7' to a point on said right-of-way line, thence; S45°03'24" E, 92.01', more or less, to the True Point of Beginning. Exhibit A RESOLUTION NO. 67-83 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY APPROVING AN AGREEMENT BETWEEN•THE CITY OF MORRO BAY AND LARRY KAMIEN AND DIANE KAMIEN WHEREAS, a controversy has existed between the City of Morro Bay and Larry Kamien and Diane Kamien with respect to the ownership of certain real property located on Torro Drive; and and WHEREAS, the parties are desirous of settling said controversy; WHEREAS, an agreement to this effect, executed by Larry Kamien and Diane Kamien, attached hereto as Exhibit A, is on file in the office of the City Clerk; NOW, THEREFORE, the Council hereby resolves that the Council approves the aforesaid agreement and authorizes its execution by the Mayor and attestation by the City Clerk. The City Clerk is requested to record a copy of said agreement in the office of the County Recorder. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Morro Bay held on May 23, 1983 AYES: NOES: ABSENT: ATTEST: Anderson, Lemons, Risley, Zeuschner, Shelton None None &�4 i�ay� Paul Baxter City Clerk AG:fr 4/19/83 AG:fr 4/19/83 RESOLUTION NO. 66-83 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY DECLARING ITS INTENT TO VACATE A PORTION OF TORRO DRIVE PURSUANT TO STREETS AND HIGHWAYS CODE § 8320, ET SEQ. WHEREAS, Streets and Highways Code § 8320, et seq. requires that the Council, by resolution, shall advise of its intent to vacate a street or portion thereof; and WHEREAS, it is the declared intention of the Council to vacate, as a result of a settlement stemming from litigation against the City, a portion of Torro Drive as described on Exhibit A attached hereto; and WHEREAS, the general location and extent of the street proposed to be vacated is shown on the map attached hereto as Exhibit B, so designated on the map with diagonal lines; and WHEREAS, pursuant to Government Code § 65402, the City Planning Commission has recommended to the Council its findings that the vaca- tion of the above -described portion of Torro Drive is in conformity with the City's General Plan; and WHEREAS, pursuant to Streets and Highways Code § 2381, the City Planning Commission has recommended to the Council its findings that the above -described portion of Torro Drive is not suitable or useful in the public interest; and a WHEREAS, the City Planning Commission has recommended to the Council its findings that the vacation of the above -described portion of Torro Drive will not affect any in -place, in -use public facilities; NOW, THEREFORE, the Council hereby resolves as follows: 1. A public hearing shall be held on June 13, 1983 -1- at 7:30 �p.m. in the Council chambers, at which all persons interested in the proposed vacation may be heard. 2. The City Clerk shall cause notice of this public hearing to be published for at least two (2) successive weeks prior to the hearing in the same manner that ordinances of the Council are pub- lished. 3. The City Clerk shall execute and file in his office an affidavit as proof of the publication of the notice. 4. The Public Works Director shall forthwith caused to be posted, conspicuous notices of the proposed vacation in compliance with Streets and Highways Code S 8323. As proof of the posting of the notice, the Director shall execute and file in his office an affidavit setting forth the fact of the posting in detail as to time and manner. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Morro Bay held on May 23, 1983 AYES: Anderson, Lemons, Risley, Zeuschner, Shelton NOES: None ABSENT: None R. SHELTON Mayor ATTEST: Paul Baxter City Clerk -2- 7:30 p.m. in the Council chambers, at which all persons interested in the proposed vacation may be heard. 2. The City Clerk shall cause notice of this public hearing to be published for at least two (2) successive weeks prior to the hearing in the same manner that ordinances of the Council are pub- lished. 3. The City Clerk shall execute and file in his office an affidavit as proof of the publication of the notice. 4. The Public Works Director shall forthwith caused to be posted, conspicuous notices of the proposed vacation in compliance with Streets and Highways Code § 8323. As proof of the posting of the notice, the Director shall execute and file in his office an affidavit setting forth the fact of the posting in detail as to time and manner. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Morro Bay held on May 23, 1983 AYES: Anderson, Lemons, Risley, Zeuschner, Shelton NOES: None ABSENT: None R. SHELTON Mayor ATTEST: pw--a Q)aiA:�S= Paul Baxter City Clerk -2- NOTES: 1. In no case may the public hearing be held less than 15 days from the adoption of the resolution of intention to vacate. 2. The City Clerk may elect either publication of the notice of hearing, or publication of the resolution of intent. AG:fr 4/19/83 I i R4i AFO ,a'17 ., n 'r `' i .• i l.: ' Y y+ "' , t M;,fp _ e kf +I `" i '. I 1. . ,C j Y. � t p C yam` ,� A•c y ) - Will ) lot t i • ) f R1 _4 li rYj i J P. ki •_ �J�1• qP / ` � , •S� •31'3i'�c" c 76 r., f' ♦.> � �' _ n• ji v�)' lC iit •\ NAI It All �� � � 4 V .• b 4 ^ 1 •! ; , 4 - y7 1`•4p f V C1'' � N ' .�]� �t \r Y. � J�`S�`r t°t f ♦ ';Y ° ,, � S� r J ' 32 ! 1jo^� � J Exhibit ii:E=30 t' j t t �•' 'i!.0 d J c \ tit •-s • .:� ) J.i * rt. i•%i ik 'e .' 0 5 /, . ] x.. ;.i ~ r Y 4 •1''1 �y1�t �l`��.-7�•y lJ. + tf•+ r !. RESOLUTION NO. 65-•83 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY AWARDING BID NO. PW-83-133 FOR A PORTABLE SEWAGE PUMP 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 Morro Bay to award Bid No. PW-83-133 for a Portable Sewage Pump to Gierlich-Mitchell, Inc. in the amount of $10,176.00. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held on.the 23rd day of may, 1983 by the following roll call vote: AYES: Anderson, Lemons, F.islev, Zeuschner, Shelton NOES: Drone ABSENT: None ATTEST: PAUL BAXTER, Cny Clerk RESOLUTION NO. 64-83 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY APPROVING A STIPULATION TO JUDGEMENT, JUDGEMENT, AND ESCROW INSTRUCTIONS REGARDING MORRO.BAY TIDELANDS BOUNDARY LINE THE CITY COUNCIL City of Morro Bay, California THE FOLLOWING IS HEREBY PROPOSED: WHEREAS, the City Council of the City of Morro Bay approves the Stipulation to Judgement, Judgement, and Escrow Instructions regarding the Morro Bay Tidelands Agreement which is attached hereto and by reference made a part hereof, subject to technical modifications; and WHEREAS, the Mayor and City Clerk be and hereby are authorized and directed to execute and record said stipulations to judgement, judgement and escrow instructions together with a copy of this Resolution, at the Office of the Recorder of the County of San Luis Obispo and all title companies with which the City deals with regarding this matter. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay that the City Council approves of the above listed items and also directs the City Clerk to file certified copies of the above mentioned documents with each of the private property owners, State Lands Commission and State Coastal Commission. PASSED AND ADOPTED by the City Council of the City of Morro Bay at'a regular meeting held thereof on the 23rd day of May, 1983, by the following roll call vote: AYES: Anderson, Lemons, Risley, Zeuschner, Shelton NOES: None ABSENT: None ATTEST: RESOLUTION NO. 63-83 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY ACCEPTING DEEDS FROM PRIVATE PROPERTY OWNERS REGARDING MORRO BAY TIDELANDS THE CITY COUNCIL City of Morro Bay, California THE FOLLOWING RESOLUTION IS HEREBY PROPOSED: WHEREAS, the City of Morro Bay does hereby accept quitclaim deeds from certain private property owners regarding settlement of Morro Bay Tidelands Boundary Line, a copy of which is attached hereto and by reference made a part hereof; and WHEREAS, the City Council of the City of Morro Bay approves Quitclaim Deeds from the City to certain private property owners regarding settlement of the Morro Bay Tidelands Boundary Line Agreement, copies of which are attached hereto and by reference made a part hereof; and WHEREAS, the Council authorizes the Mayor and City Clerk to execute a Certificate of Acceptance and Consent to Recordation for the aforementioned real property on behalf of the City and also to sign Quitclaim Deeds to be submitted to the property owners, and agreed to recordation of the aforementioned Quitclaim deeds on behalf of the City of Morro Bay; and WHEREAS, the Mayor and City Clerk be and hereby are authorized and directed to execute and record Quitclaim Deeds together with a copy of this Resolution at the Office of the Recorder of the County of San Luis Obispo and all title companies with which the City deals with regarding this matter. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay that the City Council approves of the above listed items and also directs the City Clerk to file certified copies of the above mentioned documents with each of the private property owners, State Lands Commission and State Coastal Commission. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a reaular meeting held thereof on the 23rd day of May, 1983, by the following roll call vote: AYES: Anderson, Lemons, Risley, Zeuschner, Shelton NOES: None ABSENT: None ELTON, MAYOR ATTEST: E ftCHANAN, DEPUTY CITY CLERK RESOLUTION NO. 62-83 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORR.O BAY AWARDING CONTRACT FOR CONSTRUCTION OF IMPROVEMENTS TO THE MORRO BAY/CAYUCOS WASTEWATER TREATMENT PLANT THE CITY COUNCIL City of Morro Bay, California WHEREAS, the City of Morro Bay 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 (87'%) of the construction cost; and WHEREAS, the lowest responsive, responsible bid was submitted by Dillingham Construction, Inc., of Pleasanton, California in the amount.of $7,792,000. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay that the bid submitted by Dillingham Construction, Inc. be accepted. BE IT FURTHER RESOLVED that the City Council hereby awards the contract for construction of the Improvements to the Morro Bay/Cayucos Wastewater Treatment Plant to Dillingham Construction, Inc., in the amount of $7,792,000. BE IT FURTHER RESOLVED that the City Council hereby authorizes the Director of. Public Works to approve change orders recommended by the design engineering firm of Brown and Caldwell, and the construction management services firm emploved by the City for the 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 23rd day of May, 1983, by the following roll call vote: AYES: Anderson, Lemons, Risley, Zeuschner, Shelton NOES: None ABSENT: None ATTEST: WWXMEMAMi • •' DEPUTT CITY CLERK RESOLUTION NO. 61-83 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY TO AWARD BID NO. PW-83-126 FOR WEED ABATEMENT MOWING TO STACY'S MARINE SERVICE OF MORRO BAY, CALIFORNIA THE CITY COUNCIL City of Morro Bay, California WHEREAS, the City of Morro Bay had publicly advertised and opened bids on May 6, 1983, for said mowing services; and WHEREAS, the City Administrator recommends the award to Stacy's Marine Service of Morro Bay, California, as the lowest responsive and 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 Stacy's Marine Service of Morro Bay, California, be hereby awarded the contract for weed abatement mowing in the amount of $38.10 per hour. PASSED AND ADOPTED by the City Council of the City of Morro Bay at their regular meeting held thereof on the 9th day of May 1983, by the following roll call vote: AYES: Anderson, Lemons, Risley, Zeuschner, Shelton NOES: Drone ABSENT: None ��6l `E R. SHELTON, Mayor F.16T��0 PAUL BA.XTER, City Clerk RESOLUTION NO. .60-83 A RESOLUTION ALLOWING FOR REMOVAL OF AN INDIVIDUAL'S NAME FROM THE COMMERCIAL SLIP WAITING LIST AND REFUND OF DEPOSIT 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, through Ordinance 180, established a "Commercial Slip Waiting List" that requires a $250 non-refundable deposit; and WHEREAS, no new commercial slips are currently planned by the City of Morro Bay; and WHEREAS, several individuals currently on the wiating list have boats that are larger that City slips can accommodate; and WHEREAS, the Harbor Advisory Board recommends that.once a year during the annual requalification.period that individuals be allowed to remove their name and have the City return their deposit. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay that annually, during the month of December, any individual who has had his name on the Commercial Slip Waiting list for a minimum of one year may at this written request remove his name from the waiting list. At this time, the City will refund his deposit in full. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof held the 9th day of May , 1983, by the following roll call vote: ` AYES: Anderson, Lemons, Risley, 2euschner, Shelton NOES: • None• ABSENT: None ATTEST: PAiJL BAXTER, City Clerk RESOLUTION NO. 59-83 A RESOLUTION ESTABLISHING A RECREATIONAL BOAT SLIP WAITING LIST T H E C I T Y C 0 U N C I L City of Morro Bay, California WHEREAS, the City of Morro Bay has adopted an ordinance for the establishment of:a "Commercial Boat Slip Waiting List"; and WHEREAS,a non-refundable deposit is required to establish good faith; and WHEREAS,Resolution 58-81 resulting from Measure D, on the June, 1981 election, limits the use of Morro Bay Harbor, north of Beach Street to commercial boat interests; and WHEREAS, several private citizens have requested the Harbor Advisory Board to address the needs of the recreational boater; and WHEREAS, the Harbor Advisory Board recommends.the establishment of a "Recreational Boat Slip Waiting List" with a non-refundable deposit of $75 dollars. NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Morro Bay that a "Recreational Boat Slip Waiting List",be established by the Morro Bay City Harbor Division. BE IT FURTHER RESOLVED that a non-refundable deposit of $75 be charged to go towards the first six month dockage fees. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof held the,9th day of May 1983, by the following roll call vote: AYES: Anderson, I:emons, Risley, Zeuschner, Shelton NOES: None ABSENT: None l �EifiG NE R. SHE T , ayor ATTEST: 1� PAUL BAXTER, City Clerk • • RESOLUTION NO. 58-83 A RESOLUTION REVISING RENTAL FEES FOR CITY BOAT DOCKS 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 changed the policy of determining fees for City slips from a flat fee to a per foot basis; and WHEREAS, the Harbor Advisory Board has recommended that conformity be maintained regarding the rental of City Harbor facilities; and WHEREAS, the Harbor Advisory Board has recommended that boat lengths be grouped into blocks that are more manageable for the collection of fees. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay that the following fees be adopted for charge to the following blocks of boat lengths.at City T-Piers: Boat Length 0 - 49' 50 - 74' 75 - 99' 100 - Up Fee Per Month $ 69.00 $ 96.00 $150.00 $261.00 PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof held the 9th day of May 1983, by the following roll call vote: AYES: Anderson, I:emons, Risley, Zeuschner, Shelton NOES: None ABSENT: None EUG�N SHL 0 Mayor ATTEST: PAUL BAXTER, City Clerk 0 9 RESOLUTION NO. 57-83 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY AWARDING THE CONTRACT FOR THE CONSTRUCTION OF PROJECT NO. PW-83-104 - WATER LINE THE CITY COUNCIL City of Morro Bay, California WHEREAS, the City of Morro Bay has need for water mains to improve the distribution system, and WHEREAS, the project was formally advertised and bids were received, and WHEREAS, three (3) bids were received for the water line project, and WHEREAS, the low bid was submitted by Cecil Construction of Arroyo Grande, California, in the amount of $10,948.00, and WHEREAS, Cecil Construction is the lowest responsive and responsible bidder for the water main project, NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay that Cecil Construction of Arroyo Grande, California, be hereby awarded the contract in the amount of $10,948.00 for the water line project no. PW-83-104,.in accordance with all plans and specifications for that project. BE IT FURTHER RESOLVED that the City Council hereby authorizes the Mayor and . the City Clerk to sign all necessary agreements pertaining to this project, and authorizes the Director of Public Works to approve change orders for, an aggregate amount 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 held thereof on the 9th day of May 1983, by the following roll.call vote: AYES: Anderson, Lemons, Rislet,, Zeuschner, Shelton NOES: None ABSENT: None ---/ i UG�ENE'. SHELTO , Mayor ATTEST: PWJ- PAUL BAXTER, City Clerk 41 6 RESOLUTION NO. 56-83 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY OPPOSING THE STATE OF CALIFORNIA DEPARTMENT OF GENERAL SERVICES DRAFT ENVIRONMENTAL IMPACT REPORT REGARDING REACTIVATION OF THE WEST FACILITY, CALIFORNIA MENS COLONY THE CITY COUNCIL City of Morro Bay, California WHEREAS, the City Council of the City of Morro Bay and other aaencies have been precluded from making a meaningful response at th.e Notice of Preparation stage of the Draft EIR,.and have not been noticed to allow information to be analyzed and input responded at the Notice of.Preparation state; and WHEREAS the Draft EIR cannot be evaluated in light of the choices for facility expansion/reactivation based on an assessment of the resulting environmental consequences of each alternate and their cumulative impacts and that the limitation of the environmental investigation at this particular site preclude the relative impact assessment; and WHEREAS, this ommission does not meet State guidelines Section 15069 that reouire the whole undertaking be the subject of a signifi- cant environmental review and must be prepared by the lead agency; and WHEREAS, the Draft EIR does not evaluate the current wastewater treatment facilities at the project site as being adequate nor does it address expansion of those facilities to accomodate the additional inmates being housed there and the subject affect on discharge into Chorro Creek; and WHEREAS, the addition of nine hundred (900) more inmates will have an impact on utilization of fresh water from Whale Rock and the possibility of having to extract additional fresh water from the Chorro Basin; and WHEREAS, there has been no assessment on the impact of housing stock which may be impacted by the movement to the area of friends and relatives of inmates housed at the facility or the impact of housing due to the release of prisoners at the local area; and , WHEREAS, with high unemployment in the area, a local release policy has a deterimental impact upon employment opportunities for local persons as well as those being released into the economy. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay, that the California Department of General Services include the above mentioned concerns in their assessment of the expansion.of the West Facility, California Mens Colony and BE IT FURTHER RESOLVED that the State of California coordinate their planning effort with local agencies in an effort to mitigate the impacts the proposed plan will have on the County of San Luis Obispo. Resolution No. 56-83 41 Is Page Two PASSED AND ADOPTED by the Morro Bay City Council at a regular meeting held thereof on the 25th day of April, 1983,.by the following roll call vote: AYES: Anderson, Lemons, Risley, Zeuschner, Shelton NOES: None ABSENT: None ATTEST: 1 PEGV1ffJCHANAN,.DEPUTY CITY CLERK RESOLUTION NO. 55-83 RESOLUTION OF -THE CITY COUNCIL OF THE CITY OF MORRO BAY AUTHORIZING THE INSTALLATION OF YIELD SIGNS ON DRIFTWOOD AT.THE INTERSECTION OF SHASTA AVENUE AND ON MARINA STREET AT THE INTERSECTION OF SHASTA AVENUE T H E C I T Y C O U N C I L City of Morro Bay, California WHEREAS, potential liability on the part of the City of Morro Bay exists at the intersection of Driftwood Street.and Shasta Avenue, and the intersection of Marina Street and Shasta Avenue; and Whereas, concern has been expressed by citizens for their safety at these intersections, as well as for the lack of regulatory signage; and WHEREAS, a traffic survey was conducted at these intersections by the Public Works Department and confirmed that possibly hazardous conditions exist. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay that yield signs be installed on Driftwood Street at the intersection with Shasta Avenue and on Marina Street at the intersection of Shasta Avenue as regulatory aids. BE IT FURTHER RESOLVED that the Director of Public Works is directed to take the proper actions to effectuate this resolution. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof held the 25th day of April, 1983, by the. following roll call vote: AYES: Anderson, Lemons, Risley, Zeuschner, Shelton NOES: None ABSENT: None EUGTNY R. SHELTON, Mayor ATTEST: PAUL BAXTER, City Clerk 0 0 RESOLUTION NO. 54-83 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY ANNOUNCING FINDINGS AND APPROVING A CONDITIONAL USE PERMIT FOR PUBLIC PARK IMPROVEMENTS IN THE CZ ZONE CASE NO. CUP 09-83 THE CITY COUNCIL City of Morro Bay, California WHEREAS, the Planning Commission of the City.of Morro Bay, California, did on the 4th day of April , 1983, hold a duly noticed PUBLIC HEARING to consider the City Parks & Recreation Commission initiated request for approval of a Conditional Use Permit to allow installation of chess tables at the Giant Chess Board Park, located at 800 Embarcadero in the CZ Zone, more particularly described as: APN 66-321-07 WHEREAS, the Planning Commission of the City of Morro Bay did recommend to the City Council approval of said permit, subject to conditions, by adoption of Planning Commission Resolution No. 29-83;- WHEREAS, said project has complied with the City of Morro Bay objectives, criteria and procedures for implementation of the California Environmental Quality Act, City Council Resolution No. 25-81, in that the project has been found to be Categorically Exempt and no further documentation is deemed necessary; and WHEREAS, at a duly noticed PUBLIC HEARING, after considering the arguments of all persons, if any, wishing to testify, the City Council did find the following facts and reasons to justify approval of said Conditional Use Permit: 1. The use requested is properly one for the contemplated zone district, and is consistent with the objectives of the City of Morro Bay General Plan and Coastal Land Use 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, California, as follows: 1. That the above recitations are true and correct and constitute the findings of the Council in this matter; and City Council Resoluti. No. 54-83' • Page Two 2. That the Council does hereby approve Conditional Use Permit No. 09-83, subject to the conditions attached hereto. PASSED AND ADOPTED by the City Council of the City of Morro Bay, at a regular meeting held thereof on the 25th day of April, 1983, by the following roll call vote: AYES: Anderson, Lemons, Risley, Zeuschner, Shelton NOES: None ABSENT: None ATTEST: F-F w_/'_y zm u i 4II 4 WTWV7070jr���� 0 6 RESOLUTION NO. 53-83 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, CALIFORNIA, ANNOUNCING FINDINGS AND APPROVING AN AMENDMENT TO A CONDITIONAL USE PERMIT TO ALLOW CONVERSION OF EXISTING RETAIL SPACE TO ADDITIONAL RESTAURANT SPACE LOCATED ON LEASE SITE 65 AND.66 (CASE NO. CUP 06-83) THE CITY COUNCIL City of Morro Bay, California WHEREAS, the Planning Commission of the City of Morro Bay, California, did on the 4th day of April, 1983, hold a duly noticed PUBLIC HEARING to consider the request of JAMES MAUL for approval of an amendment to a conditional use permit for property located in the CZ (special coastal zone) district, generally located at 571 Embarcadero, Morro Bay; more particularly described as Lease Sites No. 65 and 66; and, WHEREAS, after such hearing the Planning Commission did adopt Resolution No. 27-83, recommending to the City Council approval of the conditional use permit as conditioned; and 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 Environmental Coordinator has determined that the project is Categorically Exempt, and no further documentation is deemed necessary; and WHEREAS, the City Council of the City of Morro Bay held a duly noticed PUBLIC HEARING on the 25th day of April, 1983, to consider this same request; and WHEREAS, at said PUBLIC HEARING, 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 Conditional Use Permit: 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 and Coastal Land Use 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, California, as follows: 1. That the above recitations are true and correct and constitute the finding of the City Council in this matter; and, CITY COUNCIL RESOLUTION NO. 53-83 PAGE TWO 2. That the City Council does hereby aporove.theConditional Use Permit No. CUP 06-83, subject to the conditions attached hereto. PASSED, APPROVED AND ADOPTED, on the 25th day of April, 1983, by the following roll call vote: AYES: Anderson, Lemons, Risley, Zeuschner, Shelton NOES: None ABSENT: None Ile -R. SHELTON, Mayor / ATTEST: pai,a aka--V"— — PAUL BAXTER, City Clerk APPROVED AS TO FORM: MICHAEL LESAGE, City Attorney City Council Resolution 01 53-83 • PAGE THREE CONDITIONS OF APPROVAL CASE NO. CUP 06-83 STANDARD CONDITIONS 1. The Conditional Use Permit is granted for the land described in the application and any attachments thereto, and as shown on the plot plan/floor plan submitted and labeled Exhibit "A". The location of all buildings and other features, shall be located substantially as shown on Exhibit "A" 2. Unless the change in use and any necessary interior remodeling is commenced not later than one year after the date the approval is granted and is diligently pursued thereafter, this approval will automatically become null and void. 3. Any minor change may be approved by the Planning and Community Development Director. Any substantial change will require the filing of an application for an amendment to be considered by the Planning Commission and City Council. 4. All requirements of any law, ordinance or regulation of the State of California, City of Morro Bay, and any other governmental entity shall be complied within the exercise of this approval. 5. Prior to obtaining a building permit and within thirty (30) days hereof, the applicant shall file with the Planning and Community Development Director written acceptance of the conditions stated herein. 6. Compliance with and execution of all conditions listed hereon shall be necessary, unless otherwise specified, prior to obtaining final building inspection clearance. Deviation from this requirement shall be permitted only by written consent of the Planning and Community Development Director and/or as authorized by the City Council. SPECIAL CONDITIONS 7. Prior to occupancy, the applicant shall submit to the Planning and Community Development Director evidence of a recorded lease instrument which provides one (1) additional parking space at a location approved by the Director. Such lease shall run concurrent with the restaurant occupancy. Failure to maintain said parking space in conjunction with the restaurant occupancy shall constitute the voiding of this permit. 8. Prior to occupancy, the applicant shall provide for the necessary additional water equivalencies as determined by the Planning and Community Development Director, through the installation of water -saving devices in the existing development and, if necessary, by applying for and obtaining equivalencies from the Planning Commission in accordance with the Water Allocation Model. RESOLUTION NO. 52-83 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY AWARDING BID NO. PW-83-108 FOR A GARDEN TRACTOR 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 Morro Bay to award Bid No. PW-83-108 for a Garden Tractor to Cal Coast Machinery in the amount of $4,543.69. PASSED AND ADOPTED by the City Council of the City ,of Morro Bay at a regular meeting held on the 25th day of April, 1983 by the following roll call.vote: AYES: Anderson, Lemons, Risley, Zeuschner, Shelton NOES: None ABSTAIN: None ABSENT: None ,EGENE R. SHELTON, Mayor ATTEST: PAUL BAXTER, City .Clerk RESOLUTION NO. 51-23 RESOLUTION TO INCREASE FINES AND TO SET PENALTIES FOR VIOLATIONS OF THE TRAFFIC AND VEHICLE ORDINANCE (Chapter 10.36) WHEREAS, the City Councel has adopted a Traffic and Vehicle Ordinance Title 10, Chapter 10.36 to regulate parking. WHEREAS, the cost of issuing and processinq�citations for violations of the Traffic and Vehicle•Ordinance has significantly increased; and WHEREAS, bail schedule and fines should be consistent with those of neighboring cities in the county, and WHEREAS, the City Council has the authority to establish such fines with the approval of the courts; and HHEREAS, the Chief of Police has recommended the attached schedule of fines (refer to attachment A); NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Morro Bay at a regular meeting held thereof on the 25 day of Apri1,1983, the attached schedule of fines be adopted. PASSED AND ADOPTED by the following roll call vote: AYES: - Anderson; Lemons, Rislev, Zeuschner, Shelton NOES: None ABSENT: None E—ON, MAYOR ATTEST: PAUL BAXTER, CITY CLERK ATTACHMENT A PARKING: 10.36.020 Stopping or standing in parkway, . '10.00 10.36.030a Parked within divisional island 10.00 10.36.030b Parked within crosswalk 10.00 10.36.030c No parking area/red zones 10.00 10.36.030d Creating traffic hazard 10.00 10.36.030e Prohibited area of roadway 10.00 10.36.030f Within 20 ft. of safety zone 10.00 10.36.030g Within 20 ft. of crosswalk 10.00 10.36.030h Within 20 ft. of traffic signal 10.00 10.36.040 Posted restricted area 10.00 10.36.060 72 hour violation 25.00 10.36.070 Parking for purposes of sale 20.00' 10.36.080 To repair vehicle 25.00 10.36.090 In violation of grade requirements 10.00 10.36.100 Commercial vehicles must display 33.00 warning devices 10.36.110 Not in marked space 10.00 10.36.140 Loading zone 10.00 10.36.150 Pasenger zone 10.00 10.36.160 Alley parking 10.00 10.36.170 Limited time zone 10.00 10.36.200 Designated areas 10.00 10.36.210 All night in central area 10.00 Penalty assessment - 15.00 To be assessed on unpaid citations that are 30 days overdue. RESOLUTION NO. 50-83 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY DESIGNATING GAYLE "NICK" NICHOLS, CITY ENGINEER AND PUBLIC WORKS DIRECTOR FOR THE CITY OF MORRO BAY, AS PROJECT MANAGER AND GRANTEE REVIEWER FOR THE ENVIRONMENTAL PROTECTION AGENCY CLEAN WATER GRANT FOR THE IMPROVEMENT TO THE MORRO BAY CAYUCOS WASTEWATER TREATMENT FACILITIES THE CITY COUNCIL City of Morro Bay, California WHEREAS, the City of Morro Bay is the recipient of an Environmental Protection Agency Clean Water Grant; and WHEREAS, the requirements of said grant require that the City designate a person to be responsible for that grant; and WHEREAS, John M. Bressan, Director of Public Works and Project Manager for this grant. -did resign effective.January 14, 1983; and WHEREAS, in the interim period of time Paul Baxter, City Administrator for the City of Morro Bay was appointed as Project Manager and Grantee Reviewer for the grant; and WHEREAS, Gayle "Nick" Nichols has been appointed as City Engineer and Public Works Director for the City of Morro Bay effective April 18, 1983; NOW, THEREFORE, be it resolved by the City Council of the City of Morro Bay that Gayle Nichols, City Engineer and Public Works Director for the City of. Morro Bay be hereby appointed as the Project Manager and Grantee Reviewer for the Environmental Protection Agency Clean Water Grant, and that he be hereby authorized to sign all documents within the scope of that position on behalf of the City of Morro Bay inasmuch as they pertain to the Clean Water Grant. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held thereof on April 25, 1983, by the following roll call vote: AYES: Anderson, Lemons, Risley, Zeuschner, Shelton NOES: None ABSENT: None ATTEST: P G CHANAN, DEPUTY CITY CLERK RESOLUTION NO. 49-83 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY APPOINTING GAYLE NICHOLS AS CITY ENGINEER THE CITY COUNCIL City of Morro Bay, California WHEREAS, John M. Bressan was appointed by the City Council of the City of Morro Bay as City Engineer on March 16, 1981; and WHEREAS, John M. Bressan did resign as City Engineer effective January 14, 1983; and WHEREAS, Bryon W. Anderson was appointed by the City Council of the City of Morro Bay as interim City Engineer on January 17, 1983; and. WHEREAS,'Gayle "Nick" Nichols has been hired to serve as the Public Works Director/City Engineer for the City of Morro Bay effective April 18, 1983; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay that Gayle "Nick" Nichols be and is hereby appointed to the position.of City Engineer for the City of Morro Bay effective April 25, 1983. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held thereof on April 25, 1983, by the following roll call vote: AYES: Anderson, Lemons, Risley, Zeuschner, Shelton NOES: None ABSENT: None ATTEST: RESOLUTION NO. 48-•83 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY DECLARING WEEDS A NUISANCE AND A FIRE HAZARD AND AUTHORIZING PUBLIC WORKS DEPARTMENT TO PROCEED WITH ABATEMENT T H E C I T Y C 0 U N C I L City of Morro Bay, California BE IT RESOLVED that the City Council is acting in accordance with Ordinance No. 102 of the Morro Bay Municipal Code in declaring weeds a nuisance. BE IT FURTHER RESOLVED that the City Council authorize the Public Works Department to take the necessary steps to implement this year's Weed Abatement Program. PASSED AND ADOPTED by the City Council of the Citv of Morro Bay at a regular meeting thereof held the 25th day of April 1983, by the following roll call vote,: AYES: Anderson, Lemons, Risley, Zeuschner, Shelton NOES: None ABSENT: None EIj�E R. SHELTON, Mayor ATTEST: PAUL BAXTER, City Clerk RESOLUTION NO. 47-83 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY APPROVING TRACT MAP NO. 729 - GOLDEN TEE VILLAS THE CITY COUNCIL City of Morro Bay, California WHEREAS, Morro Bay Municipal Code Title 16 requires the preparation of a final tract map for subdivision, and WHEREAS, Title 16 of the Morro Bay Municipal Code requires that certain documents and fees be submitted at the time of filing the map, and WHEREAS, tract map no. 729 meets all of the requirements -of Title 16 and all documents and fees have been submitted as required, NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Morro Bay does hereby accept and approve tract map no. 729 as complete in accordance with Title 16 of the Morro Bay Municipal Code. BE IT FURTHER RESOLVED that the City Clerk be authorized to sign the City Clerk's certificate. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof held the llth day of April 1983, by the following roll call vote: AYES: Anderson, Lemons, Risley, Zeuschner, Shelton NOES: None ABSENT:Nor.e i:1afts PAUL BAXTER, City Clerk 4 RESOLUTION NO. 46-83 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY REQUESTING THE STATE DEPARTMENT OF TRANSPORTATION ON FEDERAL HIGHWAY ADMINISTRATION TO APPROVE FEDERAL AID'URBAN PROJECT FOR THE.CITY OF MORRO BAY T H E C I T Y C O U N C I L City of Morro Bay, California The following resolution is now offered and read: WHEREAS, the Congress of the United States has in the 1982 U.S. Surface Transportation Act declared it to be in the National interest for Federal funds to be expended for highway projects on the Federal Aid Urban system; and WHEREAS, before Federal Aid will be available for,urban system projects within the urban area, the Federal Aid Urban Project must be designated. NOW, THEREFORE, IT IS HEREBY RESOLVED as follows: 1. The City Council of the City of Morro Bay request. that the proposed Federal Aid Project as shown on ` attached Exhibits be approved by the State Department" j of Transportation and the Federal Highway Administration as a Federal Aid Urban Project. 2. Copies of the resolution shall be forwarded to San Luis Obispo County Engineering Department for transmittal to the California Department of Transportation. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof held the llth day of April, 1983, by the following roll call vote: AYES: Anderson, Lemons, Risley, Zeuschner, Shelton NOES: None ABSENT: None ATTEST: PAUL B� , -ty kClerk �� EXHIBIT 1 C.I.TY OF MORRO BAY FEDERAL AID URBAN PROGRAM Prior projects in the City's Federal Aid Urban program installed asphalt concrete overlayment on Main Street, beginning at the north end of the community. This project proposes to continue the program of street overlay with future projects continuing southward on Main Street. Exhibit 2 indicated the areas included in prior projects as well as the area proposed for overlayment. GIZY � MoRRO b�Y �GI-i�1��Y � FEDERAL A\O V?i�R�.1 PP�ObeAr� .,l, ;•I L�� . I 5: o . � ��' - •. i 1, .. -. ♦ SI �' -`;. '..•',1��.:r )',. _.fir. � \\� \. `fit � .. t �'• _- fl./. � _ 41 i, DODOCIE} r 00 r I The of MORRO BAY - -- `- ', Son Luis Obispo Co.. Cotllomla — ---� 0 RESOLUTION NO. 45-83 • RESOLUTION APPROVING A COOPERATIVE PROCESS FOR DETERMINING PROJECT PRIORITIES FOR FEDERAL,AID URBAN FUNDING T H E C I T Y C O U N C I L City of Morro Bay, California The following resolution is hereby offered and read: WIIEREAS, the Congress of the United States has, in the Surface Transportation Assistance Act of 1982 declared it to be in the national interest for Federal funds to be expended for highway projects on the Federal Aid Urban System or to be "traded" for General Funds for capital improvements for rail or bus mass transit systems in urbanized areas; and WHEREAS, before Federal Aid will be made available for Urban System projects within these Urban Areas, a cooperative process for determining project priorities must be submitted to the State Department of Transportation for approval; and WHEREAS, the Federal Act requires that the cooperative process involve Cities, the County, the State, and any Transit Agency existing in any designated Urban Area; and WHEREAS, the Federal Aid Urban Project Review and Selection Committee developed a cooperative process for determining projects; and WHEREAS, the proposed cooperative process is in keeping with State and Federal guidelines. NOW, THEREFORE, BE IT RESOLVED that the City of Morro Bay adopts the following cooperative process for establishing a four- year program of Federal Aid for Urban Systems. 1. The Federal Aid Urban Project Review and Selection Committee shall consist of one representative each of: City of E1 Paso de Robles - Municipal Services'Dept:. City of Morro Bay - Public Works Department City of San Luis Obispo - Community Development'Dept: City of Arroyo Grande - Public Works Department City of Grover City - Public Works Department County of San Luis Obispo - Engineering Department Resolution No. 45-83 • City of Atascadero - Public Works Department City of Pismo Beach - Public Works Department 2. Submission of requests for funds for a project on the Urban System will be made to the Federal Aid Urban Project Review and Selection Committee. The requests may be submitted by and of the participating agencies. 3. The Committee will prepare a four-year program identifying State, Regional and Local Transportation Projects based on the following criteria where applicable: a. Compatibility with adopted Circulation Elements of Local General Plans or Comprehensive Transportation Plans b. Volume capacity ratio c. Accident history d. Traffic relief to other streets or roads e. Funding capabilities (are agency matching funds available?) f. State of readiness (status of Plans and Specifications, availability of Right of Way, Environmental Review) g. Community desire and other political factors h. Consideration of the needs for projects on the State Highway System i. Consideration of Regional and Local Transit Needs 4. The Committee will submit the recommended four-y,ear.program to each of the participating agencies for formal review and comments. 5. Upon program approval by each participating agency, San Luis. Obispo County Engineering Department will submit .the fbur-. year program to the State Department of Transportation for approval. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof held the 1'3-th day of April, 1983, by the following roll call vote: AYES: Anderson, Lemons, Risley, Zeuschner, Shelton NOES: None ABSENT: None ATTEST: Pwa PAUY BAXTER, City Clerk RESOLUTION NO. 44-83 A.RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY COMMENDING STEVE MacELVAINE FOR HIS SERVICE TO THE CITY OF MORRO BAY THE CITY COUNCIL City of Morro Bay, California WHEREAS., Steve MacElvaine has served the City of Morro Bay as a member of the Water Advisory Committee through January 11, 1983; and WHEREAS, during that time Steve MacElvaine was instrumental in helping to establish and formulate the Water Management Plan for the City of -Morro Bay; and WHEREAS, -during that time much hard work and dedication was provided by'Steve in making the Water Advisory Committee a viable and effective arm of the City; and WHEREAS, not only are Steve MacElvaine's skills as an effective and able representative of the City to be commended, but also the selfless devotion -of his own time to this demanding effort on behalf of the public; NOW, THEREFORE, BE IT RESOLVED that the Morro Bay City Council extends its best wishes to Steve MacElvaine for his contribution to local government and thanks him for his services to our City. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held thereof on the 28th day of.March , 1983, by the following roll call vote: AYES: Anderson, Lemons, Risley, Zeusetner, Shelton NOES: None ABSENT: None U R. S IELTON, Mayor ATTEST: " p PEGGY/BUCHANAN', Deputy City Clerk RESOLUTION NO. 43-83 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY AWARDING CONTRACT FOR THE CONSTRUCTION. OF PROJECT NO. PW 83-76 - KERN AVENUE SEWER PROJECT 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 need for sewer repairs to improve flow on Kern Avenue; and WHEREAS, the project was formally advertised and bids were received; and WHEREAS, the low bid was submitted by L. M. Kizer Construction of Lompoc, California, in the amount of $22,648.00; and WHEREAS, L. M. Kizer Construction is the lowest responsible bidder for the Kern Avenue Sewer project; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay that L. M. Kizer Construction of Lompoc; California be hereby awarded the contract in the amount of $22,.648.00 for the Kern Avenue Sewer project, No. PW 83-76, in accordance with all plans and specifications for that project. BE IT FURTHER RESOLVED that the City Council hereby authorizes the Mayor and the City Clerk to sign all necessary agreements per- taining to this project, and authorizes the Director of Public Works to approve change orders for an aggregate amount 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 held thereof on the 28th day of March, 1983, by the following roll call vote: AYES: Anderson, Lemons, Risley, Zeuschner, Shelton NOES: None ABSENT: None Gf -- EiJGR. SHELTON, Mayor J ATTEST: PAUL BAXTER, City Clerk • RESOLUTION NO. 42--83 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY AWARDING'CONTRACT FOR THE DESIGN AND INSPECTION OF WELDED STEEL WATER TANK 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 need for design and inspection services for a welded steel water tank; and WHEREAS, a request for professional services, to solicit proposals, was announced; and WHEREAS, thirteen (13) proposals were received for the design and inspection package; and WHEREAS, for the City's needs, the suitable proposal''was submitted by Tartaglia-Hughes of Atascadero, California in the amount of $10,300. NOW, THEREFORE, BE IT RESOLVED by the City Council -of the City of Morro Bay that Tartaglia-Hughes of Atascadero, California be hereby awarded the contract in the amount of $10,300 for the . design and inspection of a welded steel water tank. BE IT FURTHER RESOLVED that the City Council hereby -authorizes the Mayor and the City Clerk to sign all necessary agreements pertaining to this project, and authorizes the Director of Public Works to approve additions to design requirements for an aggregate amount 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 held thereof on the 28th day of March, 1983, by the following roll call vote: AYES: Anderson, Lemons, Risley, Zeuschner, Shelton NOES: None ABSENT: None EUG SH TON, Mayor ATTEST: PAUL BAXTER, City Clerk f RESOLUTION NO. 41-83 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY APPROVING THE CITY'S STATE TRANSIT ASSISTANCE,.. CLAIM FOR FISCAL YEAR 1982-83 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's apportionment of STA Funds, including Section 99314 Operator Allocation, for Fiscal Year 1982-83 is $15,346; and WHEREAS, the City intends to use its share of STA Funds for those operational expenses associated with the Morro Bay Dial -A - Ride. NOW, THEREFORE, BE IT RESOLVED that the City Council of.the City of Morro Bay authorizes the City's STA Claim for Fiscal Year 1982-83 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 March , 1983, by the following roll call vote: AYES: Anderson, Lemons, Risley, Zeuschner, Shelton NOES: None ABSENT: None ATTEST: U u PAUL BAXTER, City Clerk RESOLUTION NO. 40=83 A RESOLUTI N OF THE CITY COUNCIL OF THE CIVOF MORRO BAY, CALIFORNIA REQUESTING THE FEDERAL GOVERNMENT TO TAKE CERTAIN ACTIONS RELATIVE TO PROPOSED NEW FEDERALISM LEGISLATION THE CITY COUNCIL City of Morro Bay, California WHEREAS, Congress and the Executive Branch of the U.S. Government is considering the relationship between Federal, State and local government relative to Federalism proposals; and WHEREAS, historically the Federal Government has only recognized cities of fifty thousand in population and greater as units of local government for the purpose of a direct relationship; and WHEREAS, 80% of all cities within the State of California (344 of 428) are under fifty thousand in population; and WHEREAS, the City of Vista may be positively or adversely affected by the proposed Federal legislation and the City Council of Vista desires to take a proactive approach in influencing Federal legislation; and WHEREAS, the Federal Government encourages input from local units of government; and WHEREAS, cities are the unit of local government closest to the people; and WHEREAS, small communities nationwide have proven their ability to directly adminster Federal funds through the General Revenue Sharing Program and priority setting for the use of Federal funds once appropriated by Congress should be made at the local level; NOW THEREFORE, the City Council of the City of Morro Bay RESOLVES as follows: 1. That Community Development Block Grant funds be allocated directly to all units of local government including those under fifty thousand population utilizing the same rationale and formula that currently exists for allocations to entitlement jurisdictions. This action could result in substantial savings to the Federal Government by reducing administrative costs at Federal, State and County levels of the government. 2. Request the Executive Branch'of Government and the San Diego Congressional Delegation take a leadership role to introduce legislation to effect this change. 3. That members of key Congressional Committees be informed of the request in an effort to effect New Federalism Legislation slated for debate this year. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held thereof on the 14th day of March, 1983, by the following roll call vote: AYES: Anderson, Lemons, Risley, Zeuschner, Shelton NOES: None ABSENT: None ^'1� �EUG E R. S ELTON; MAYOR ATTEST: PEG HANAN, DEPUTY CITY CLERK RESOLUTION NO. 39-83 A RESOLUTIONi OF THE CITY COUNCIL OF THE CITY OF MORRO BAY COMMENDING PEGGY LIPE FOR HER SERVICE TO THE CITY OF MORRO BAY THE CITY COUNCIL City of Morro Bay, California WHEREAS, Peggy Lipe has served the City of Morro Bay as a member of the Refuse Franchise Board from January 20, 1982, through February 14, 1983; and WHEREAS, during that time Peggy Lipe was active helping to establish'and formulate the role of the Refuse Franchise Board; and . WHEREAS, during that time much hard work and dedication was provided by Peggy in making the Refuse Franchise Board a viable and effective arm of the City; and WHEREAS, not only are Peggy Lipe's skills as an effective and able representative of the City to be commended, but also the selfless devotion of her own time to this demanding and often thankless effort on behalf of the public. NOW, THEREFORE, BE IT RESOLVED that the Morro Bay City Council extends its best wishes to Peggy Lipe for her contribution to local government and thanks her for her services to our fair City. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held thereof on the 14th day of March, 1983, by the following roll call vote: AYES: Anderson, Lemons, Risley, Zeuschner, Shelton NOES: None ABSENT: None / GENE R . ATTEST: d.— PEGGMHANAN, DEPUTY ITY CLERK bs' W€pB @" . CL@RK teBAy " RESOLUTION NO. 38-83 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY AUTHORIZING THE CITY TO ENTER INTO AN AGREEMENT FOR EMERGENCY PREPAREDNESS WITH THE COUNTY OF SAN LUIS OBISPO T H E C I T Y C O U N C I L City of Morro Bay, California WHEREAS, The purpose of an agreement for emergency preparedness with the County of San Luis Obispo is to establish and maintain a climate of cooperation between the City and the County of San Luis Obispo to mitigate the consequences of a natural or man-made emergency, and, WHEREAS, in the event that one of the San Luis Obispo County emergency response plans are activated, and evacuation is ordered, the City agrees to provide supplemental County -wide transportation providing that the City has first priority in the event that a local emergency requires the City to utilize its transit buses to transport its carless members of the community, NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay to authorize the City to enter into this agreement with - the County as an emergency preparedness measure and that.the equipment resources are identified and attached hereto in Exhibit A of this document. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regualr meeting held thereof on the 14th 'day -of larch ., 1983, by the following roll call vote: AYES: Anderson, lemons, Risley, Zeuschner, Shelton NOES: None ABSENT: None EUG NE R. SHELTON, ayor ATTEST: _P0.AA.k — PAUL BAXTER, City Clerk �_ EXHIBIT "A" Number of Capacity Capacity Number of Buses of Each Total Drivers ** 4 14 56 4 1 9 9 1 **The asterisks indicate that these vehicle units are handicap -lift equipped. Location in San Luis Obispo: N/A. Located in Morro B Location in adjacent County: N/A. Contact person/phone number 8 a.m. - 5 p.m.: Paul Baxter, City Administrator. 805-772-1214. Contact person/phone number after hours: Morro Bay Police Department, 805-772-1214 or 805-772-2222. •RESOLUTION NO. 37-83 0 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY AUTHORIZING A PROCEDURE FOR DESTRUCTION OF POLICE RECORDS THE CITY COUNCIL City of. Morro Bay, California WHEREAS, the City of Morro Bay is in need of a police record destruction procedure_as.precribed by law; and WHEREAS, Government Code Section 34090 provides that the head of a City Department may destroy certain City records, documents, or instruments under his charge, without duplication, with the approval of the City Council by resolution and with the written consent of the City Attorney; and WHEREAS, it has been determined that certain records are no longer required for retention and an accumulation of police records has become unduly cumbersome; NOW, THEREFORE, BE IT RESOLVED.that the City Council of the City of Morro Bay does hereby resolve as follows: Section 1. The Council of the City of Morro Bay hereby adopts the following policy with respect to.records of the Morro Bay Police Department after same is no longer needed and is no longer.reauired by law, without making a copy thereof: A. The following records will be retained for one year and subsequently destroyed: 1. Daily logs; 2. Officer activity cards; 3. Field interview cards. B. The following records will be retained for two years and subsequently destroyed: 1. Bail receipts; 2. Citations; 3. Arrest reports for out of county warrant arrests (felony or misdemeanor) when there are no local charges; 4. Recovered vehicle. reports (CHP Form 180) involving recovered vehicles, license plates, or vehicle parts for other jurisdictions; 5. Incident reports; 6. Property reports; 7. Missing person/runaway juvenile reports when the subject has been returned or been located and the case is closed; RESOLUTION NO. 37-83 Page Two 8. Crime reports when the offense is a misdemeanor and no suspect has been arrested; 9.' Concealed weapons permits if not renewed; 10. Marijuana arrest reports/citations with related offender files for 11357(b) and (c);'.11360(b), after 1977, and 11360 (c) prior to 1977, of the. Health and Safety Code; 11. Master cards with only citations or non -criminal entries; 12. Records on deceased subjects with only citations or non -criminal entires should be puraed.one year from the date of their death; 13. Private patrol I.D. files if not currently in business; 14. Taxi permits after license is revoked or business closes. C. The following records will be retained for three years and subsequently destroyed: 1. Misdeamor and infraction offenses resulting from California Vehicle Code violations not involving injury or death; 2. Felony crime reports with no related arrests and when the statute of limitations has expires, except when: a. It has an unserved warrant; b. It includes a stolen vehicle, or firearm which has not been recovered; C. It is classified under 290 PC or 11590 H & S; d. It is a case involving a criminal death; e. It is a violation listed under 800 PC; f. The case is presently in civil or criminal litigation. D. The following records will be retained for seven years and subsequently destroyed: 1. Misdemeanor crime/arrest reports involving an arrest (retention period starts on date of arrest), except when: a. An unserved warrant exists; b. A related stolen vehicle or firearm has not been recovered; c. The offense is classified under 290 PC or 11590 H & S; d. It involves a criminal death; e. It does include violations listed under 800 PC; f. The case is presently in civil or criminal litigation; . RESOLUTION NO. 37-83 • Page Three • g. •A subsequent arrest for an offense where a prior conviction constitutes a felony (retention period begins on the date of subsequent arrest). 2. Felony crime/arrest reports which did not result in a conviction, or for which no disposition was received, or where the charge was reduced to a misdemeanor (retention period begins on the date of arrest). 3. Offender files where a felon was not convicted, a disposition was not received, or the charge was reduced to a misdemeanor (retention period begins on the date of arrest). E. Modified life records will be destroyed after the following criteria has been met: 1. When the record indicates the subject has reached age 70 and has had no arrests since age 60, the record will be purged. If the individual has been arrested after age.60, the record will be maintained until the subject is at least 70, or in the case of a felony conviction, for a ten year period commencing with the date of release from supervision. This procedure will be implemented except:iwhen: a. It has an unserved warrant; b. It includes a stolen vehicle or firearm which has not been recovered; C. It is classified under 290 PC or 11590 H & S; d. It is a case involving a criminal death; e. It is a violation listed under 800 PC; f. The case is presently in civil or criminal litigation. F. Records concerning homicide cases, embezzlement of public monies, falsification of public records, and missing persons will be retained for the life of the individual. Records on subjects convicted of offenses requiring registration under Section 290 of.the Penal Code will be retained for the life of the individual, or until he is "100'year old. Purge criteria for 290 PC registrants does not apply to records of persons who obtain a certificate of rehabilitation as specified under Section 290.5 PC. G. Records of juveniles committed by a juvenile court to a California Youth Authority.facility will be retained until age twenty-four (24) or five (5) years from the date of release, whichever is longer. Committment by an adult court to.a California Youth Authority facility will,be retained as conviction for a misdemeanor or felony charge. Records of juveniles not committed to a California Youth Authority will be retained until the juvenile achieves eighteen (18) years of age. 0 RESOLUTION NO. 37-83 • Page.Four Section 2. The records specified in this resolution do not include any documents relating to citizen complaints or investigations in response to citizen complaints relating to members of the Police Department, to internal affairs investigation files. Section 3. The City Council finds that the City Attorney has given his written consent to the destruction of the records described in Section 1 of this resolution, and the Chief of Police is authorized to destroy the police records described in Section 1 of this Resolution. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held.thereof on the 14th day of March, 1983, by the following roll call vote: AYES: Anderson, Lemons, Risley, Zeuschner, Shelton NOES: None ABSENT: None WE SHELTONF MAYOR ATTEST: �6a)w EGCn CHANAN, DEPUTY CITY CLERK •RESOLUTION NO. 36=83 1g RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY AWARDING CONTRACT FOR THE CONSTRUCTION OF PROJECT NO. PW-83-69 TO RECONSTRUCT SANITARY LIFT STATION NO. 2 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 need to reconstruct the Sanitary Lift Station No. 2;-.and WHEREAS, the project was formally advertised and bids::were received; and WHEREAS, three (3) bids were received for the proposed,projectj and WHEREAS, the low bid was submitted by Gleim Crown Pump, Inc., of Fresno, California, in the amount of $23,920.62; and WHEREAS, Gleim Crown Pump, Inc., is the lowest responsible bidder for the proposed project, NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay that Gleim Crown Pump, Inc., of Fresno, California be hereby awarded the contract in the.amount of $23,920.62 for the Lift Station No. 2 project, Bid no. PW-83-69, in accordance with all plans and specifications for that project. BE IT FURTHER RESOLVED that the City Council hereby authorizes the Mayor and the City Clerk to sign all necessary agreements pertaining to this project, and authorizes the Director of Public Works to approve change orders for an aggregate amount not to exceed $1,079.38. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held thereof on the 14t1i-- day of larch 1983, by the following roll call vote: AYES: NOES: ABSENT: UNWOO&V F Anderson, Lemons, Risley, Zeuschner, None None pala-k [� �_k� PALM BAXTER, City Clerk Shelton • RESOLUTION NO. 35-83 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY REQUESTING EXTENDED COMMENT PERIOD FOR LEASE SALE 73 THE CITY C,O U N C I L City of Morro Bay, California WHEREAS, the issue of Outer Continental Shelf oil development is very important to the citizens of San Luis Obispo County; and WHEREAS, a large part of our economy is based on tourism, which could be seriously affected by significantly deteriorated air quality and oil spills; and WHEREAS, the San Luis Obispo County fishing fleet has many concerns; and WHEREAS, there are a multitude of issues which need full public participation and an adequate timeframe in which to prepare public comments; and WHEREAS, full public participation is a very important factor in our decision making process, NOW, THEREFORE, BE IT RESOLVED that the Morro Bay City Council does hereby request that the comment period for Lease Sale 73 be increased from the minimum allowed 45 days as now planned to 60 days, and that the public hearing be held in a coastal community in San Luis Obispo County and be extended into the evening allowing greater public participation. BE IT FURTHER RESOLVED that the Clerk of the City of Morro Bay send a copy of this resolution to Congressman Bill Thomas, Congressman Leon Panetta and John Lane, Mineral Management Agency. PASSED AND ADOPTED by the City Council of the City of Morro Bay, at a regular meeting held thereof on the 14th day of March, 1983, by the following roll call vote: AYES: Anderson, Lemons, Risley, Zeuschner, Shelton NOES: None ABSENT: None ATTEST: &keaA2w�- PEGG)VIVJVANAN,,DEPUTY CITY CLERK ! 41 RESOLUTION NO. 34-83 A RESOLUTION REVISING THE PERSONNEL RULES AND REGULATIONS OF THE CITY OF MORRO BAY, AND RESCINDING RESOLUTION NOS. 29-65, 59-65, 33-70, 69-70, 69-75, and 58-76 T H E C I T Y C O U N C I L City of Morro Bay, California WHEREAS, the City Council is authorized and directed under the provisions of Ordinance No. 21 to adopt and amend rules for the administration of the personnel system created in said ordinance; and WHEREAS, the personnel rules and regulations have not been comprehensively reviewed or modified since initial adoption in March 1965; and WHEREAS, the City has duly discussed and reached mutual agreement with the three (3) bargaining units regarding the content and substance of the amended personnel rules and regulations; and WHEREAS, at the same time, within the limits of administrative feasibility, considerable latitude shall be given the City Administrator and Personnel Officer in the interpretation of these rules; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Morro Bay does hereby adopt the attached Personnel Rules and Regulations to facilitate efficient and economical services to the public and to provide for an equitable system of personnel management; and, BE IT FURTHER RESOLVED that Resolution Nos. 29-65, 59-65, 33-70, 69-70, 69-75, and 58-76 are hereby rescinded. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof held the 14th day of March 1983, by the following roll call vote: AYES: Anderson, Lemons, Risley, Zeuschner, Shelton NOES: None ABSENT: None ATTEST: ��,�lfClil.�v PEGG BUCHANAN, DEPUTY CITY CLERK 0 it PERSONNEL SYSTEM RULES AND REGULATIONS 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 SECTION 1. MERIT PERSONNEL SYSTEM ESTABLISHED A. Purpose. The.following merit personnel system is hereby established in order to: (1) .Establish an equitable and uniform procedure for dealing with personnel matters, (2) _Attract the most competent and desirable persons available to municipal service, -(3) Assure that appointment and advancement of employees are based on merit and ability, and (4) Provide reasonable security for qualified employees. The objectives of these rules and regulations are to facilitate efficient and economical service to the public and provide for a fair and equitable. system of personnel management in the municipal government. These rules set forth those procedures and policies which ensure similar treatment for those who compete for original and promotional employment and define certain obligations, rights, privileges, benefits and prohibitions which are placed upon all employees in the service of the City. B. Intent of the Personnel System. (1) Employment Standards: The City Council and all the citizens of the City of Morro Bay have the right to expect that the City will employ the best qualified persons available, that the tenure of every City employee will .be based on a demonstrated need for the work performed, availability of funds, faithful and effective performance, proper personal conduct, and continuing fitness for the position, and that each employee will be encouraged, trained, and developed to assure optimum performance. (2) City Responsibility to Employees: Each employee of the City of Morro Bay has the right to expect: to be fully informed of their duties and responsibilities; to be provided with adequate administrative and. supervisory direction; to be told how well they are performing; that promotions will be made on the basis of merit and ability; that pro- gressively improved work performance over an extended period will be recognized and rewarded; that incompetence will not be tolerated; that suspensions, demotions, discharge and other disciplinary actions will be administered in a fair and impartial manner. C. Discrimination. No person applying for employment by the City or employed by the City shall be unlawfully discriminated against by reason of his or her political affiliations, race, creed, religion, national origin, sex, age, color, or physical handicap. D. Violation of Rules. Violation of the provisions of these rules shall constitute grounds for discharge, rejection or suspension. A violation shall not make discharge, rejection or suspension mandatory but shall be given such weight as shall be appropriate in view of all the circumstances. E., Administrative Rules and Regulations. These rules do not preclude the City Administrator or individual City departments from developing and adminis- tering supplemental department rules and regulations, as long as they do not conflict with these Rules, other Council resolutions and ordinances, or existing laws. F. Amendment and Revision of Rules. Amendments and revisions may be suggested to the City Council'by any interested party and shall be submitted to the City Council through the Personnel Officer at the option of.the proponent. Amendments and revisions shall become effective..by resolution of the City _Council following the meet and confer process with the exclusive_ representatives of employees. G. Competitive Service. The provisions of these rules shall apply to all offices, positions, and employments in the service of the City of Morro Bay, except: (1) Elected officers; (2) City Administrator; (3) Members of appointive boards, commissions, committees, and agencies other than City employees; (4) Management personnel covered by separate contract; (5) City Attorney; (6) Persons engaged under contract to supply expert, professional, technical, or other services; (7) Volunteer personnel who are not permanent, salaried employees; (8) Emergency employees who are hired to meet the immediate requirements of an emergency condition, such as extraordinary fire, flood, or earthquake which threatens life or property; (9) Employees who are employed less than half the hours established for a full-time position in the class; (10) Provisional employees, or temporary employees. SECTION 2. DEFINITION OF TERMS A. Definitions. The following terms whenever used in these rules, shall be defined as follows: Acting Appointment: the appointment for a limited period of a probationary or permanent employee to a position in a higher class for which there is no employment list and/or is temporarily vacant, and during which that employee will continue to occupy the position from which they are appointed. Advancement: a salary increase of one or more steps within the limits of The salary range established for a class. Allocation: the assignment of a single position to its proper class in accordance with the duties performed, and the authority and responsibilities exercised. Anniversary Date: the first day of continuous service used to determine seniority and benefit accrual rate for applicable benefits: An employee's anniversary date shall be determined by applying the continuity of service requirements of these Rules. -2- Applicant: an individual who has completed and submitted an application for employment with the City. Appointing Authority: the City Administrator or designee(s) who, in their individual capacities, have the final authority to make the appointment to or from a position. Appointment: the offer to and acceptance by a person of a position in the City service, either on a permanent or temporary basis. Board: the Personnel Board established in pursuance of the ordinance creating a personnel system for the City. Break In Continuous Service: separation of the employee from City employment initiated by either the City or the employee for a period of more than thirty consecutive calendar days. Class: all positions sufficiently similar in duties, authority, and responsibility, to permit grouping under a common title and the equitable application of common standards of selection, transfer, promotion and salary. Class Specifications: a written description of a class, setting forth factors -and conditions which are essential characteristics of positions in the class. Compensation Plan: the assignment by the City Council of salary ranges to each class, normally established by Resolution. Compensatory Time: time off from work in lieu of monetary payment for overtime work. Competitive Service: all positions of employment in the service of the City except those specifically excluded by ordinance or these Rules. Conditional Employment: placement of specific and interim work conditions on the terms of initial or continued employment with the City. Continuous Service: the employment without a break or interruption of service of an employee in a probationary or permanent status. Demotion: the voluntary or involuntary reduction of a permanent employee Troma position in one class to a position in another class having a lower maximum rate of pay. Discharge: the involuntary separation of an employee from City service. Eligible: a person whose name is on an employment list. Employee: an individual in the competitive service who is legally employed by the City and is compensated through the City payroll for services rendered. - 3 - i 6 Eligibility List: (a) Open eligibility list: a list of names of persons who have taken an open competitive examination for a class and have qualified. (b) Promotional eligibility list: a list of names of persons who have taken a promotional examination for a class and have qualified. (c) Re-employment list: a list of names of qualified permanent and probationary employees who have been laid off. Examination: any test or group of tests to determine the fitness and relative ability of persons seeking employment or promotion in the com- petitive service. (a) Open -competitive examination: an examination for a particular. class which is open to all persons meeting the qualifications for the class. (b) Promotional examination: an examination for a particular class, admission to the examination being limited to permanent and pro- bationary employees in the competitive service who meet the qualifications for the class. (c) Continuous examination: an open -competitive exami nation. which is administered periodically and as a result of which names are merged on an eligibility list, in order of final scores, for a period of not more than one year. Full -Time Position: a.position in the competitive service of the City normally scheduled for at least 40 hours of work per week. Immediate Family: spouse, children, parents, brothers, sisters, grandparents gran(.,.. I children of the employee; and the corresponding relationships by affinity. Out of Class Assignment: the full-time performance of the significant duties of avacant, funded position in one classification by.an individual in a position of lower classification. Part -Time Employee: an individual in a part-time position. Part -Time Position: a position having fewer work hours than the work week established for a full-time position .in the class. A part-time position may be either temporary, permanent, or provisional. Permanent Employee: an employee who has successfully completed a probationary period and has been retained as hereafter provided in these Rules. Permanent Position: a full-time or part-time position that is individually authorized in the budget and which is expected to exist indefinitely. Personnel Ordinance: Ordinance No. 21 which creates a personnel system for the City. - 4 - Position: a combination of duties and responsibilities assigned to a single employee and performed on either a full-time or part-time basis. Probationary Employee: an employee who has a probationary appointmentto a permanent position. Probationary Period: a working test period as an extension of the selection process during which an employee is required to demonstrate fitness for the position. Promotion: the movement of an employee from one class to another class. having.a higher maximum rate of pay. Provisional.Appointment: an appointment of a person who possesses the minimum qualifications established for a particular class and who has been appointed -to a. position in that class in the absence of available eligibles, pending an examination for said position. Reclassification: a change in classification of an individual position by raising it to a higher salary range, reducing it to a lower salary range, or allocating it to another classification at the same pay range, on the basis of significant and substantive changes in the type or difficulty of duties and responsibilities in that position. Reemployment: the appointment, as provided in these Rules, of a former employee who was laid -off, or an employee who was rejected during a promo- tional probation. Reinstatement: the appointment, as provided in these Rules, of a former employee who resigned in good standing. Rejection: the involuntary separation from the City service of an employee who does not successfully complete the probation period in a position and who.does not have permanent status in another position in a different class; or, the reduction of an employee who did not successfully complete the probation period in a position to another position -in a different class in which permanent status was previously acquired. Reprimand: an oral or written censure made as a disciplinary action. Resignation: the voluntary separation of an employee from the City service. Salary Range: the minimum through maximum salary increments of a salary range. Salary Rate: dollar amount of each step in a salary range or the flat dollar amount for a class not having a salary range. Salary Review Date: the date on which a probationary or permanent employee is eligible, on the basis of satisfactory job performance for aprescribed period, for a merit salary advance within the salary range established for the class of position occupied. Salary Step: one or more specific salary rates having a percentage relationship to one another, assigned to a class of positions as the compensation for that class. - 5 - • Separation: a break in competitive service without pay. Suspension: the temporary separation from the competitive service of an employee for disciplinary purposes. Temporary Position: a full-time or part-time position of fixed duration. Termination: the separation of an employee from the City service because of retirement, resignation,.death or discharge. Transfer:. -a-change of an employee from one position to another position in the same class or in another class having the same maximum salary rate, _involving the performance of basically similar duties and requiring sub- stantially -the same minimum qualifications. Vacancy: an authorized position that is not occupied by an employee. SECTION 3. PERSONNEL BOARD A. Meeting. The City Council when acting as the Personnel Board shall hold meetings at such time and place within the city as shall be designated by the Mayor._ Any regular meeting may be adjourned to a time certain and to a place designated by the Mayor. In addition, the Board may hold special meetings upon the call of the Mayor or a majority of the members of the Board. A.majority of the members of the Board shall constitute a quorum for the .transaction of business. Meetings shall be conducted in accordance with such rules and procedures as adopted in the Morro Bay Municipal Code. B. Public Hearings. Proceedings conducted by the Personnel Board shall be public and subject to the "Brown Act", Government Code Sections 54950 et seq., but shall be conducted in private if they pertain to the appoint- ment, employment or discharge of a city employee or pertain to the proceed- ing of a complaint or charge brought against an officer or employee of the City, unless such officer or employee requests a public proceeding. Said body also may exclude from any such public or private proceeding, during the examination of a witness, any or all other witnesses in the matter being investigated by the Personnel Board. The proceeding need not be conducted according to technical rules relating to evidence and witnesses. SECTION 4. CLASSIFICATION PLAN A. Purpose. The Classification Plan provides a complete inventory of all positions in the City service and an accurate description and specifica- tions for.each class,of employment. The Plan standardizes titles, each of which is indicative of a definite range of duties and responsibilities and has the same meaning throughout the service. B. Preparation of Plan. The Personnel Officer, or a person or agency employed for that purpose, shall ascertain and record the duties and responsibilities of all positions in the competitive service and, after consulting with appointing authorities and heads of departments affected, shall recommend a classification plan for such positions. The classification plan shall consist of classes of positions in the competitive service defined by class specifications including the title. The classification plan shall be so 0 developed and maintained that all positions substantially similar with respect to duties, responsibilities, authority, and character of work are included within the same class, and that the same schedules of compensation may be made to apply with equity under like working conditions to all positions in the same class. C. Adoption Amendment and Revision of Plan. The classification plan shall be adopted and may be amended from time to time by the City Council. At the time of consideration any interested party may appear and be heard. Amendments and revisions of the plan may be suggested to the City Council by any interested party and shall be submitted to the City Council through the Personnel Officer at the option of the proponent. D. Allocation of Positions. Following the adoption of the classification plan, the Personnel Officer shall allocate every position in the competitive service to one of the classes established by the plan. E. New Positions. When a new position is created, before the same may be filled, the appointing authority shall notify the Personnel Officer, and, except as.otherwise provided by Ordinance or these Rules, no person shall be appointed or employed to fill any such position until the classification plan shall have been amended to provide therefore and an appropriate eligibility list established for such position. F. Reclassi-fication. Positions, the duties of which have changed materially so as to necessitate reclassification, shall be allocated by the Personnel Officer to a more appropriate class, whether new or already created. Re- classifications shall not be used for the purpose of avoiding restrictions concerning demotions and promotions. G. Use of Class Titles. Official class titles are to be used in all personnel, accounting, budget, appropriation and financial records. No person shall be appointed to or employed in any permanent position in the service under a title not included in the classification plan. Working job titles may be used in the course of departmental routine to indicate authority, status in the organization, or administrative rank. H. Use of Class Specifications. Specifications are to be interpreted in their entirety and in relation to others in the classification plan. Particular phrases or examples are not to be isolated and treated as a full definition of•the class. Specifications are deemed to be descriptive and explanatory of the kind of work performed, and not necessarily inclusive of all duties performed. SECTION 5. COMPENSATION A. Preparation of Plan. The Personnel Officer or the person or agency employed for that purpose shall prepare a salary plan covering all classes of positions in the competitive service. In arriving at salary rates or ranges, consideration shall be given to prevailing rates of pay and con- sideration of working conditions for comparable work in other public and in private employment, to current costs of living, to suggestions of depart- ment heads, to the City's financial condition and policies, to the results of the meet and confer process, and to other relevant factors. The Personnel Officer or the person or agency employed for that purpose shall thereafter make such further studies of the salary plan as may be requested by the City Council. 7 _ t B. Adoption of Plan. The salary plan shall be adopted and may be amended from time to time by action of the City Council. At the time of consideration any interested party may appear and be heard. Amendments and revisions of the plan may be suggested to the City Council by any interested party and shall be submitted to the City Council through the Personnel Officer at the option of the proponent. No position shall be assigned a salary not in conformance with the salary plan unless the salary range for the class is amended in the same manner as provided for its. adoption. SECTION 6. APPLICATIONS AND APPLICANTS A. Announcement. All -examinations for classes in the competitive service shall be publicized by posting announcements in the City Hall, on official bulletin boards, and by such other methods as the Personnel Officer deems advisable. The announcements shall specify the title and pay of the class for which the examination is announced; the nature of the work to be per- formed; preparation desirable for the performance of the work of the class; the manner of making applications; and other pertinent information. B. Application Forms. Applications shall be made as prescribed on the examina- tion announcement. Application forms shall require information covering training, experience, and other pertinent information, and may include certificates of one or more examining physicians, references and finger- printing. All applications must be signed by the person applying. C. Disqualification. The Personnel Officer shall reject any application which indicates on its face: (a) Failure to demonstrate that the requirements or qualifications established for the examination have been met. (b) Physical inability to perform the duties of the class. (c) Addiction or excessive use of intoxicating liquors, drugs, or controlled substances causing an inability to perform one's duties properly. (d) Conviction of ,a felony or misdemeanor which was of such a nature as to have a clearly adverse effect on the candidate's ability to perform the duties of the position, Or the integrity and efficiency of the public service. (e) False statements of material fact or actual or attempted deception, fraud, or misconduct in connection with an application. (f) A history of dismissal from public or private employment for any of the above causes, or resignation to avoid such dismissal, which after investigation is determined to have been of such a nature as to have a clearly adverse effect on the candidate's ability to perform the duties of the position, or the integrity and efficiency of the public service. Whenever an application is rejected, notice of such rejection with statement of reason shall be mailed to the applicant by the Personnel Officer. Defective applications may be returned to the applicant, with notice to amend the same, providing the time limit for receiving appl.ications has not expired. D. Hiring of Relatives. No employee, prospective employee, or applicant shall be improperly denied employment or benefits of employment on the basis of marital status or relationship to another employee or official of the City. For purpose of administration,. a relative shall be defined as a member of the immediate family. Notwithstanding the above provisions,,the City retains the right: '1. To. refuse to place one party to a relationship under the direct or indirect supervision of the other party to a relationship. 2.. To refuse to place both parties to a relationship in the same department; division, or facility where such has the potential for creating adverse impact on supervision,- safety, security, or morale, or .involves potential conflicts of interest. 3. .To disqualify one party to a relationship for a position privy to confidential personnel matters who has a relative already in the City's employment when the relationship may compromise confidential information. SECTION 7. EXAMINATIONS . A. Nature and Types of Examinations. The selection techniques used in the examination process shall fairly measure the relative capacities of the persons examined to execute the duties and responsibilities of the class to which they seek to be appointed. Examinations may be assembled or un- assembled, but shall consist of one, or a combination of the following types of tests, as determined by the Personnel Officer: oral, written, performance, physical agility, evaluation of training and experience, medical tests, criminal background check, or any other forms designed to test the qualifications of applicants. If a combination of two or more types of tests are used in the same examination, the relative weighted value of each part, expressed as percentages, shall be included on the announcement for the examination: (1) Written. Written tests may be used to measure knowledge, abilities, or aptitudes, insofar as such traits are related to ability to perform the work in a class. (2) Oral. Oral qualifications appraisal exmainations shall be used to evaluate experience, training or education, and other factors that relate to the knowledge or abilities required to perform the work of the position or class. Oral examinations may be either structured or unstructured, as the Personnel Officer may determine. (3) 'Performance. Performance tests may be used to evaluate the skill, speed, or accuracy with which principal tasks of the class are performed. (4) Physical Agility. Physical agility tests may be used to measure agility, strength, coordination, or general physical fitness required to perform the duties of the class. A waiver, releasing the City from liability, will be required from eachcandidate wishing to participate in such a test. B. Promotional Examinations.. Promotional examinations may be conducted whenever, in the opinion of the.Personnel Officer, the needs of the service require. Promotional examinations may include any of the selection techniques mentioned in Section A. of this Rule, or any combination of them. Only permanent or probationary employees who meet the requirements set forth in the -promotional examination announcements may compete 'in promotional examinations. -C:. Continuous Examination. Open -competitive examinations may be administered periodically for a single class as the needs •of the service require. Names shall.be,placed on eligibility lists, and sh<,11 remain on such lists, as prescribed in,Section 8. D. Conduct of Examination. The City Council may contract with any competent agency.or individual for the preparing and/or administering of examinations. In the absence of such a contract, the Personnel Officer shall see that such duties are performed. The Personnel Officer shall arrange for the use of public bui-ldings-and equipment for the conduct of examinations. E. Scoring Examinations and Qualifying Scores. A candidate's score in a given examination shall be the total of their scores on each competitive part of the examination, weighted as shown in the examination announcement. Failure in one part of the examination shall be grounds for declaring such applicants as -failing the entire examination or as disqualified for subsequent parts of an examination. The Personnel -Officer may, at his/her discretion, include as a part of the examination tests which are qualifying only. F. Notification of Examination Results and Review of Papers. Each candidate in an examination shall be given written notice of the results thereof, and if successful, of their final earned score. Any candidate shall have the right to.inspect-their own examination papers within five working days after the notices of examination results were mailed. Any error in computation, if called to the attention of the Personnel Officer within this period, shall be corrected. SECTION 8. ELIGIBILITY LISTS A. Eligibility Lists. As'soon as possible after the completion of an examina- tion, the Personnel Officer shall prepare and keep available an eligibility list of the names of candidates who qualified in the examination. B. Duration of Lists. Eligibility lists other than those resulting from a continuous examination shall remain in effect for one year, unless sooner exhausted, and may be extended, prior to their expiration dates, by action of the Personnel Officer for additional periods but in no event shall an eligibility list remain in effect for more.than two years. - 10 - 0 • Open -competitive lists created as the result of continuous examinations shall remain in effect for not more than one year after the last adminis- tration of the, examination, unless sooner exhausted. Names placed on such lists shall be merged with any others already on the list and shall remain on the list for not more than one year. Whenever there are less than three names on any eligibility list willing to accept appointment, the Personnel Officer may exhaust the list and order a new examination to establish a new list. C. Re-employment Lists. The names of probationary and permanent employees who have been laid off shall be placed on appropriate re-employment lists in the order of total continuous cumulative time served in probationary and permanent status and their performance competency. Such names shall remain thereon for a period of one year unless such persons are sooner re-employed. When a re-employment list is to be used to fill. vacancies, the Personnel Officer shall certify from such lists the number of names equal to the number of vacancies to be filled, and the appointing power shall appoint such persons to fill the vacancies. D. Removal of Names from List. The name of any person appearing on an eligibility, re-employment or promotional list shall be removed by the Personnel Officer if. the eligible requests in writing that their name be removed, if the eligible fails to -respond to a notice of certifications mailed to their last known address, or for any of the reasons specified in Section 6C of these Rules. The person affected shall be notified of the removal of their name by a notice mailed to their last known address. The names of persons on promotional eligibility lists who resign from the service shall automatically be dropped from such lists. SECTION 9. METHOD OF FILLING VACANCIES A. Types of Appointment. All vacancies in the competitive service shall be filled by transfer, demotion, re-employment, reinstatement, or from eligibles certified by the Personnel Officer from an appropriate eligibility list, if available. In the absence of persons eligible for appointment in these ways, provisional appointments may be made in accordance with the Personnel Ordinance and these Rules. B. Notice to Personnel Officer. Whenever a vacancy in the competitive service Ts to be filled, the appointing authority shall notify the Personnel Officer in writing. C. Certification of Eligibles. If it is not possible to fill the vacancy from a re-employment list, the appointing authority may consider filling the vacancy by reinstatement, transfer or demotion, or from an eligibility list. When the appointing authority requests a vacancy be filled by appointment from an eligibility list, the Personnel Officer should certify from the specified list two more names than the number of vacancies in that class to be filled. Whenever there are fewer than three names of individuals willing to accept appointment on an eligibility list, the appointing authority may make an appointment from among such eligibles or may request the Personnel Officer to establish a new list. When so requested, the Personnel Officer shall hold a new examination and establish a new eligibility list. D. Appointment. After interview and investigation, the appointing authority shall make appointments from among those certified, and shall immediately notify the Personnel Officer of the person(s) appointed. The person accepting appointment shall report to the Personnel Officer, or designated representative, for processing on or before the date of appointment. If the applicant accepts the appointment and reports to duty within such period of time as the appointing authority shall prescribe, they shall be ..deemed to be appointed; otherwise, they shaTT be deemed to have declined .the appointment. E..-Provisional Appointment. In the absence of there being names of three .individuals willing. to accept appointment on eligibility lists, a provisional appointment may be made by the appointing authority. An eligibility list shall be established within six months for any permanent position filled by provisional appointment. The City Administrator, upon request of the depart- ment head, may extend the period for any provisional appointment for not more --than thirty days by any one action. No special 'credit shall be allowed in meeting any qualification or in the giving of any test or the establishment of any open -competitive promotional lists or the determination of seniority or compensation for service rendered under a -provisional appointment. SECTION 10. PROBATIONARY PERIOD A. Objective of Probationary Period. The probationary period shall be regarded as a part of the testing process and shall be utilized for closely observing the employee's work, for securing the most effective adjustment of a new employee to their position, and for releasing any probationer whose per- formance of duties or conduct does not meet the required standards of work. B. Duration of Probationary Period. All appointments shall be tentative and subject to a probationary period of not less than six months actual service, except that the probation period for sworn police and fire employees shall be for a period of not less than twelve months actual service. The City Council may, by resolution or ordinance, establish a longer probationary period for specified classes. An employee's probation period may only be extended an additional six months time upon request of the appointing authority and approval of the Personnel Officer for purposes of further evaluation, observation, and/or development. C. Evaluation During Probationary Period. Each probationary employee is to be evaluated at least twice during their probation period; once, at approximately the half -way point and again; prior to the expiration date of the probation period. Sworn police and fire employee evaluations will occur at least three times during their probation period; at approximately the three month, six month, and twelve month intervals from the employee's date of probation appointment. Nothing contained herein shall preclude additional evaluations during the probationary period as deemed appropriate by the appointing authority. - 12 - D. Rejection of Probationer. During the probationary period, an employee may be rejected at any time by the appointing authority without cause and without the right of appeal. Notification of rejection in writing shall be served on the probationer and a copy filed with the Personnel Officer. E. Rejection Following Promotion. Any employee rejected during the pro- bationary period following a promotional appointment, or at the conclusion of the probationary period by reason of failure of the appointing authority to file a statement that the services have been satisfactory, shall be rein- stated to a vacant position from which promoted unless charges are filed and they are discharged in the manner provided in the Personnel Ordinance and these Rules. If a vacant position does not exist, the employee shall be placed ona re-employment list to await appointment to a vacant position. F. Permanent Appointment Following Probationary Period. The Personnel' Officer shall notify the appointing authority and the probationer concerned two weeks prior to the termination of any probationary period. If the service of the probationary employee has been satisfactory to the appointing authority, then the appointing authority shall file with the Personnel Officer a statement in writing to such effect and stating that the retention of such employee in the service is desired. If such statements are not filed, the employee will be deemed to be unsatisfactory and their employment terminated at the expiration of the probationary period. G. Promotion During Probationary Period. An employee promoted to a position with a greater maximum rate of pay than the original appointment shall be deemed a new probationary employee and will commence a new probationary period on the effective date of the promotion. The City Administrator may authorize credit for all or part of the probationary time in the promotion position toward fulfilling an uncompleted probationary period requirement in a lower position. H. Extension Due to Leave of Absence. Any leave of absence without pay exceeding fifteen 15 calendar days shall cause the employee's probationary period to be extended by the number of calendar days of such leave that are in excess of fifteen (15) calendar days. . SECTION 11. PERFORMANCE EVALUATION A. Evaluation Procedure. In accordance with procedures and on forms provided by the Personnel Officer for that purpose, supervisors shall evaluate, record, and report the performance of their employees such that: (1) probationary employees shall be evaluated throughout the period of probation as provided in Section 10-C above; (2) permanent employees shall be evaluated at least annually by the individual's salary review date and a report filed with the Personnel Officer to record such evaluation; and (3) as deemed desirable or necessary by the appointing authority, additional evaluations of performance may be at any time during the period of employment and a report of such evaluation filed with the Personnel Officer. - 13 - B. Rating Discussed with Employee. Each evaluation shall be discussed with the employee who has been eva uated. The employee shall be given a copy of the performance evaluation report following the discussion and shall be required to sign the report, but only as an indication that the report was discussed with him/her. The employee may request to review the report with the appointing authority. C. Unsatisfactory Performance. If an employee is rated overall as below competent, the appointing authority may recommend that the employee's next scheduled merit increase be withheld. A supervisor shall take appropriate and immediate steps to assist and to improve or correct the performance or conduct which has been rated as 'unsatisfactory. Failure by the employee to demonstrate satisfactory . effort toward improvement, if substantiated, shall be considered as cause for appropriate disciplinary action, such as but not limited to a.reduction of step(s) in the.employee's salary range or dismissal. SECTION 12.. .SAWY ADMINISTRATION A. Application of Rates. Employees occupying a position in the competitive service shall be.paid a salary or wage established for tha position's class under the, -salary plan as provided by Section 5. The minimum rate, if provided, for the class generally shall apply to employees upon original appointment. However, the City Administrator may, when circumstances warrant'it, authorize original appointment or reinstatement at other than the minimum rate. Basis of Compensation. (1) Full-time Permanent, Probationary, and Acting Appointment. An employee having a permanent, probationary or acting appointment that is on a full-time basis shall be compensated at a monthly rate, paid bi-weekly. (2) Other Appointments. An employee having any other type of appointment shall be compensated at an hourly rate, paid bi-weekly. If a monthly rate is established for the position, the hourly rate will be computed by dividing the monthly rate by 173.33. C. Continuity of Service Requirements. Continuous service, as required for advancement within salary ranges and for other purposes specified in these rules, is defined as City employment on a probationary, permanent, or acting appointment basis without break or interruption. Authorized leaves of absence without pay of thirty (30) calendar days or less and leaves of absence with pay for any period shall not constitute an interruption of an employee's continuous service and shall not be deducted in computing total City service. Authorized leaves of absence without pay in excess of thirty (30) calendar days shall be deducted in computing an employee's total City service for merit advancement in salary range and for other purposes specified in these rules. Continuity of service requirements while on probation are provided in Section 10-H. - 14 - D. Salary Review Dates. Any officer or employee of the City shall have as a salary review ate the date upon which they shall next be eligible for consideration of a merit step increase. However, any approved leaves of absence without pay exceeding thirty (30) calendar days will result in the establishment of a new review date. Such date shall be based on one's original salary review date plus the number of calendar days of authorized leave in excess of thirty (30) calendar days. Salary adjustments such as merit increases and promotions shall be made at the start of the pay period closest to the employee's salary review date, unless otherwise authorized by the City Administrator. Any delayed merit increases will extend the salary review date for the next eligible salary increase correspondingly. E. Entrance Salary Rates. (1) General. Allnew employees shall normally be appointed at Step 1 of the salary range in effect for the class in which the appointment is made. The City Administrator may, upon department head request, approve or reject initial City employment at a salary rate up to and including the 5th step of the salary range. (2) Temporary Appointees. Persons employed or re-employed for temporary or seasonal service may, upon written recommendation by the department head and approval by the Personnel Officer, be compensated at any rate established for the class. F. Merit 'Increases. No salary advancement shall be made so as to exceed any maximum rate established in the plan for the class to which the employee's position is allocated. Advancements shall not be automatic but shall depend upon increased service value of an employee to the City as exemplified by recommendations of one's supervising official, length of service, productivity, performance, record, special training undertaken, or other pertinent evidence. Full-time and part-time permanent or probationary employees may be considered eligible for merit increases in salary according to the following schedule: (1) The numerals 1, 2, 3, 4 and 5 respectively, denote the various progressive steps in the salary range. (2) Salary Step 2 upon completion of six months of employment in Step 1 where the employee has demonstrated satisfactory job progress and normally increasing productivity, and upon recommendation of the department head and approval of the Personnel Officer. (3) Salary Range 3 upon completion of one year of employment in Step 2 where the employee has demonstrated satisfactory job progress and normally increasing productivity, and upon recommendation of the department head and approval of the Personnel Officer. (4) Salary Steps 4 and 5 upon completion of one year of employment at the previous step where the employee has demonstrated satisfactory job progress and productivity and upon recommendation of the department head and approval of the Personnel Officer. - 15 - G. Other Salary Provisions. Other salary adjustments will include: (1) Special Salary Adjustments. Notwithstanding anything in these rules to the. contrary, to correct gross inequities or to reward outstanding achievement and performance, upon recommendation of the department head, the City Administrator may adjust the salary rate of an incumbent of a particular position to any step within the salary range for that class. (2) _Salary on Promotion. An employee who is promoted in accordance with these rules shall be placed at Step 1 of the new salary range or at a step of the new range which is approximately five (5) percent higher than the employee's previous base salary; but, in no case shall the employee be compensated above the top step of the new salary range. The promotion shall establish a new salary review date for the employee and the employee shall serve a hew probation period established for the position. (3) Salary on Demotion. Any employee who volunteers demotion or is involuntarily demoted shall not be required to serve a new probationary period, shall_ establish a new salary review date, and shall have their salary set at the salary step in the range for the lower class for which they qualify, as recommended by the department head and approved by the Personnel Officer; provided that, in no event shall the new step be lower in number than the step of the range held prior to the demotion. (4) Salary on Transfer. Any employee who is transferred shall continue.to receive the same salary rate and their salary review date shall not change. (5) Salary on Change in Range Assignment: (a) Salary Range Increase. Whenever a class is reassigned to a higher salary range, the salary of each incumbent on the effective date shall be increased to the corresponding step in the new range and their salary review date shall not change. (b) Salary Range Decrease. Whenever a class is reassigned a lower salary range, the salary of each incumbent on the effective date shall be set at the same salary rate that they were receiving in the former range, providing it does not exceed the maximum salary rate of the -new range, and their salary review date shall not change. (6) Acting Appointment. (a) No employee shall be required to perform duties which are not closely related both in kind of work and in level of responsi- bility to the duties normally assigned to positions in his/her class, except on a short-term basis not to exceed thirty (30) consecutive calendar days, or on an emergency basis. - 16 - (b) If an employee is required to work in an out -of -class assign- ment for more than thirty (30) consecutive calendar days, his/ her department head may, with prior approval of the Personnel Officer, make an acting appointment. The effective date of the acting appointment shall be the first day of the out -of -class assignment. (c) Acting appointments are of a limited duration and will not exceed six (6) months time. One six month extension of an acting appoint- ment may be made. upon the request of the department head and the Personnel Officer's approval. (d) Salary Increase. A one-step increase within the employee's current c assification salary range shall be granted in accordance with the provisions of this Section. In the absence of available steps within their current range to be placed, the employee shall be granted a five percent (5%) increase above their current base salary., (e). If an employee believes they are performing work which is outside of the work normally assigned to their class, they may submit a request to the Personnel Officer, thru their department head, that a reclassification study be performed. SECTION 13. ATTENDANCE AND LEAVES A. Annual Vacation Leave. (1) The purpose of annual vacation leave is to enable each eligible employee annually to return to work mentally refreshed. All employees in the Competitive Service shall be entitled to annual vacation leave with pay. The times during a calendar year at which an employee may take vacation leave shall be determined by the department head with regard for the wishes of the employee and particular regard for the needs of the services. No vacation time may be accumulated for use in a following calendar year v�e except that under extreme emergency to the City, the City Council may order the deferment of vacation for not to exceed one year, in which case the employee shall have the right to carry over the deferred vacation time DIY into the following vacation year. (2) Vacation Accrual Rates. Unless otherwise provided in a current Memorandum of Understanding, the following is the list of vacation accrual entitlement for each eligible employee by years of employment, to be earned on a prorated bi-weekly basis: Service Years Entitlement in Days 1 thru 2 10 3 thru 4 11 5 thru 6 12 7 thru 8 13 9 thru 10 14 - 17 - Service Years Entitlement in Days 11 thru 12. 15 13 thru 14 16 15 thru 16 17 17 thru 18 18 19 thru 20 19 21 or more 20 For eligible employees scheduled to work at least 1040 hours a year but less than 2080 hours a year, annual vacation leave entitlement shall be -a percentage of the vacation days earned for the same number of service years identical to the percentage of work hours scheduled as toa-2080 hour scheduled work year. (3) Vacation leave may not be used at the time of termination of employment and all accrued but unused vacation leave credits shall be paid off at the employee's current base hourly rate. (4) For purposes of computing service years, continuous service from the employee's anniversary date as defined in Section 2 shall be the qualifying factor. Authorized leaves of absence without pay in excess of thirty (30) calendar days shall be deducted in computing an employee's total --City service years. (5) In the event one or more municipal holidays fall within an annual vacation leave, such holidays shall not be charged as vacation leave, and the vacation leave shall be extended accordingly. B. Sick .Lea-ve.. (1) Sick leave with pay shall be.granted to all permanent and probationary employees -within the competitive service. Sick leave shall not be considered as a right which an employee may use at their discretion, but shall be allowed only in case of necessity and actual personal sick- ness, disability, or approved family sick leave. (2) Sick leave shall be earned at the rate of one (1) eight (8) hour work day for each calendar month of service, prorated on a bi-weekly basis. For eligible employees scheduled to work at least 1040 hours a year but less then 2080 hours a year, sick leave entitlement shall.be a percentage of the sick leave days normally earned for the same number of service months identical to the percentage of work hours scheduled as to a 2080 hours scheduled work year. For purposes of computing sick leave, a work day shall be considered as one -fifth of the number of working or duty hours in the established work- week for each employee, and firefighters shall be considered to work a five day week, Monday through Friday. Unused sick leave shall be accumulated to a total of not more than ninety work days, unless other- wise provided in a current Memorandum of Understanding. (3) Family Sick Leave. Not more than five days of sick leave each fiscal year may be taken in case of sickness, disability or death of members of the employee's immediate family, as defined in Section 2. The appointing authority may grant such sick leave when, in their opinion, the relationship of the sick or disabled person to the employee warrants such use of sick leave. - 18 - (4) To receive compensation while absent on sick leave, the employee shall notify their immediate supervisor or the Personnel Officer. priorto or within one hour after the time set for beginning of daily duties, or as may be specified by the head of the department. When absent on sick leave, the employee may be required to file a physician's certificate or a personal affidavit with the Personnel Officer, stating the cause of the absence and the fitness of the employee to return to duty. Management's requirement for a physician's certification will be to ensure proper use of sick leave. In the event of a sick-out, identified as such by the City Administrator, management may require doctor's written verification for all employees . who claim to be ill or injured and request sick leave with pay. (5) Sick -leave may not be used at the time of termination of employment, and all accrued but unused sick leave credits shall not be paid off, unless otherwise provided in a current Memorandum of Understanding. (6) An employee, absent on approved vacation or compensatory time -off, may request a change to paid sick leave, and may be required to provide a physician's.statement verifying the illness, accident, or disease upon return to work. Sick leave absence shall begin at the time the employee notified their department head, the employee's remaining approved vacation -or -compensatory time -off is terminated, and the employee shall report to work at the end of their sick. leave absence. (7) An employee receiving temporary disability payments under the Workers' Compensation laws may use accumulated sick leave to continue to maintain regular income.. All employees receiving full salaries in lieu of temporary disability payments pursuant to Section 4850 of the Labor Code are entitled to accumulate sick leave during such periods of disability in accordance with Section 13-I. C. Military Leave. A member of the National Guard or Military Reserve ordered to annual military duty, excluding weekend and other routine drill periods, who is a full-time permanent or probationary employee, shall receive full salary as provided in the State of California Military and Veterans' Code. Employees on military leave are:hotsubject to loss of any employee rights such as accrual of vacation leave, seniority, and other privileges. The City reserves the right to schedule public safety employees and other flexible schedule employees so that drill periods coincide with ordinary off -duty time for which the employee will not receive compensation. D. Jury Leave. Every employee in the competitive service who is called or required to serve as a trial juror shall be entitled to be absent from their duties with the City during the period of such service or while necessarily being present in court as a result of such call. Under such circumstances, the employee shall be paid the difference between regular full salary and any payment received, except travel pay, for such duty. An employee who serves on jury duty during.a regular day -off may receive all jury duty fees paid for that day. - 19 - E. Holidays. The holidays to be observed in this City are as follows: 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 and any other holiday proclaimed by the Mayor of the City. Every permanent and every probationary employee in the competitive service except members of the Public Safety Departments, who are required to be on duty for 24-hour periods, shall not be required to.be on duty on holidays unless the employee's services are needed and required in the interests of the public health, safety or general welfare, in which latter event any such employee shall be entitled to compensatory time off at such time as in the discretion. of -the department head, their services are not needed and required. Members of the Public Safety Departments who are required to be on duty for 24-hour periods, shall be entitled to compensatory time off in lieu of holidays in the same number of hours as is commensurate with the holiday time hereby granted to other employees, which time shall be eight duty hours per holiday. Said compensatory time off may be taken in conjunction with annual vacation leave to allow for maximum personnel utilization. For those employees who work Monday through Friday, any holiday falling on Saturday shall be observed on the proceeding Friday and any holiday falling on Sunday shall be observed on the following Monday. Employees who work schedules other than Monday.through Friday shall be entitled to compensatory time off for any holiday which falls on their regularly scheduled days off. F. Absence Without Leave. Any employee who is absent from duty shall report the reason for such absence to the department head or immediate supervisor prior to the date of expected absence whenever possible and in no case, later than one (1) hour after the beginning of their normal work shift; except in the Public Safety Departments where such notice shall be at least one (1) hour before the beginning of their normal work shift. Absences not reported in such manner may be considered absence without leave. A deduction of pay shall be - 20- made for the duration of any absence without leave. Upon return to work, such absence shall be justified to the department head who shall consider the need for further disciplinary action. An unauthorized absence without leave for more than three (3) consecutive work days shall constitute an automatic resignation of their position by the employee. G. Leave of Absence Without Pay. The City Administrator may grant a permanent or probationary employee leave of absence without pay and seniority for not to exceed three months after all available paid leave time has been exhausted. No such leave shall be granted except upon written request of the employee, setting forth the reason for the request, and the approval will be in writing. Upon expiration of a regularly approved leave or within a reasonable period of time after notice to return to duty, the employee shall be reinstated in the position held at the time leave was granted. Failure on the part of an employee on leave to report promptly at its expiration, or within a reasonable period of time after notice to return to duty, shall be cause for discharge. City benefits are discountinued after the third consecutive day of leave of absence without pay. The employee may continue coverage for health and life benefits for the duration of the leave without pay by monthly advance pay- ment of the total premium cost. Coverage waived shall resume upon employee's return to active duty. Continuity of service requirements are provided in Sections 10H and 12C. H. Maternity Leave. (1) In all cases of pregnancy, the employee shall furnish the City a statement from her physician giving the anticipated date of delivery and the opinion of the physician as to her ability to perform her normal work assignment. Such statement shall be furnished as soon as practical after a determination of the pregnancy has been made. (2) A pregnant employee will be permitted to work as long as she is able to safely perform the duties of her position as recommended by her attend- ing physician, and as approved by the City -designated physician. (3) A pregnant employee shall be allowed to be absent from work without pay up to a total of three (3) months without fear of job jeopardy for purposes of each maternity leave; where, in the opinion of her attending physician and, when necessary, the City -designated physician, the employee is temporarily disabled due to pregnancy, miscarriage, abortion, or childbirth and recovery therefrom. Such temporary disability shall be treated as any other illness pursuant to the provisions of these rules. A pregnant employee taking maternity leave shall first use all available sick leave and other paid time earned before a leave of absence without pay shall be.granted. Additional maternity leave of absence in excess of three months may be approved by the City Administrator at the written request of theemployee and certi- fication by her attending physician for extenuating circumstances. - 21 - If the pregnant employee fails to report to work after the expiration of the three (3) months maternity leave or approved extension, said employee's.position shall be declared to be automatically vacated. (4) Continuance of City benefits while on approved maternity leave is provided under Leave of Absence Without Pay (Section 13G). I. Industrial Sick Leave. (1.) Public Safety Employees. (a) A public safety employee of the City who is disabled temporarily or permanently by injury or illness occurring in the course and scope of employment shall be paid full salary for the period of such disability but not to exceed one year (pursuant to Section 4850 of the Labor Code); or until such earlier date as they are retired on disability,pension. Full salary payments shall be in lieu of temporary disability benefits which would otherwise be payable. (b) Prior to the time Workers' Compensation laws provide compensation payments (current law is first three consecutive calendar days), the employee's unused sick leave balance shall be utilized to pay regular salary and wages. After the twenty-first consecutive calendar day on industrial sick leave, the first three days charged to the employee's sick leave shall be fully credited. (c) During the remainder of the time .that a public safety employee is disabled by reason of injuries or illness incurred during the course and scope of employment, neither vacation nor sick leave shall be charged for the purpose of paying Workers' Compensation benefits. (d) A public safety employee receiving disability pay under the provisions of Labor Code-4850 shall be eligible for City insurance benefits and vacation and sick leave accruals during the absence for as long as the employee's unused sick leave would have provided full salary by paying the difference between Workers' Compensation benefits and the employee's regular salary. When the employee's sick leave balance would have been depleted, the employee will be considered to be on leave without pay but shall continue to receive Labor Code 4850 pay only. All vacation accruals, sick leave accruals and insurance benefits.shall cease at such time. The employee may opt to continue health and life insurance benefits in accordance with Section 13G of these rules. Continuity of service requirements are provided in Sections 10H and 12C. (2) Miscellaneous Employees. (a) An employee, other than a public safety member, who, by reason of an injury or illness occurring in the course and scope of employ- ment (as defined by the Workers' Compensation laws of the State of California), is temporarily or permanently disabled from performing the duties of their position, shall be paid full salary for as long as their unused sick leave is available. - 22 - Thereafter, only Workers' Compensation benefits shall be paid for the remainder of temporary disability until they return to active duty. When permanent disability results from an injury or illness occurring in the course and scope of employment, a settlement by way of either a Compromise and Release Agreement (paid in one lump sum) or a Stipulated Findings and Award (paid out bi-weekly) will be determined according to the procedures prescribed by the laws of Workers' Compensation in the State of California. (b) Industrial Sick Leave for miscellaneous employees shall be subject to the following provisions: 1. Prior to the time the Workers' Compensation laws provide compensation payments (current law is first three consecutive calendar days), the employee's unused sick leave balance shall be utilized to pay regular salary and wages. After the twenty- first consecutive calendar day on industrial sick leave, the first three days charged to the employee's sick leave shall be credited in the number of hours Workers' Compensation benefits would equate to for the first three days. Thereafter, the City will pay only the difference between Workers' Compensation benefits earned and the employee's regular salary or wages, provided the employee's unused sick leave time remains available to pay said difference. To facilitate payment and administration, the City shall make full salary payment to employee, and employee shall endorse and deliver to City all checks received as payment for temporary disability under the Workers' Compensation laws. The employee shall continue to be eligible for insurance benefits and vacation and sick leave accruals during an industrial sick leave, provided available sick leave time is being utilized to maintain full salary. 3. When the employee's unused.sick leave balance has been depleted, the employee shall be deemed to be "off payroll" and shall thereafter only receive Workers' Compensation temporary disability payments directly. All vacation accruals, sick leave accruals and insurance benefits shall cease at such time. The employee may opt to continue health and life benefits in accordance with Section 13G. Continuity of service requirements are provided in Sections 10H & 12C. SECTION 14. TRANSFER, PROMOTION, DEMOTION, SUSPENSION, AND REINSTATEMENT A. Transfer: No person shall be transferred to a position for which they do not possess the minimum qualifications. Upon notice to the Personnel Officer, an employee may be transferred by the appointing authority at any time from one position to another position in a comparable class. For transfer purposes, a comparable class is one with the same maximum salary, involves the perform- ance of similar duties and requires substantially the same basic qualifications. If the transfer involves a change from one department to another, both department heads must consent thereto, with approval of the City Administrator, unless the Citv Administrator orders the transfer for ourooses of economy or in the Personnel Ordinance Salary Plan or these Rules. demotion, as provided - 23 - B. Promotion: Consistent with the best interests of the service, all vacancies in the competitive service will be filled by promotion from within the competitive service, after a promotional examination has been given and a promotional list established. If, in the judgment of the Personnel Officer, a vacancy in the position could be filled better by an open -competitive examination instead of promotional examination, then an open -competitive examination shall be arranged. C. Demotion. The appointing authority may demote any employee whose ability to perform required duties falls below standard, or for disciplinary purposes. Upon request of the employee, and with the consent of the prospective supervising official, demotion may be made to a vacant position. No employee shall be.demoted to.a position for which they do not possess tide minimum qualifications. Written notice of the demotion shall be given the employee not less than five-'(5) working days prior to the effective date of the demotion, and a copy filed with the Personnel Officer. D. Suspension. The appointing authority may suspend any employee without.pay at any time for cause. When suspensions are imposed by department heads, said action shall be reported immediately to the Personnel Officer. (1) Department heads may suspend a subordinate employee for not more than five (5_) working days at any one time and not more frequently than one such suspension in a thirty (30) day period. (2) A suspension of not more than thirty (30) working days of any City employee may be made by or with the approval of the City Administrator. (3) 'A suspension exceeding thirty (30) days must be approved by the City Council. E. Reinstatement. With the approval of the appointing authority and the Personnel Officer, a -permanent or probationary employee who has resigned with a good record may be reinstated within two years of the effective date of resigna- tion, to a vacant position in the same or comparable class. Upon reinstate- ment, the employee, for all purposes, shall be considered as though they had received'an original appointment. SECTION 15. SEPARATION FROM THE SERVICE. A. Discharge. An employee may be discharged by the appointing authority whenever conduct on the job so warrants. An employee may likewise be dismissed when off -the -job conduct either brings discredit upon the City or evidences an obvious unfitness to perform the duties of an employee. Whenever an employee is convicted of driving under the influence of alcohol or drugs, this shall be considered a prima facie indication of unfitness if part of the employee's duties involve operating a vehicle. Any employee who may be discharged shall be entitled to due process as provided in the Personnel Ordinance and these Rules. B. Lay-off. The appointing authority may lay-off any employee in the competitive service because of material change in duties or organization or shortage of work or funds. Thirty calendar days before the effective date of lay-off, - 24 - the appointing authority shall notify the Personnel Officer of the intended action with the reasons therefore, and a statement certifying whether or not the services of the employee have been satisfactory. A copy of such notice shall be given the employee affected. If certified as having given satisfactory service, the name of the employee laid off shall be placed on the appropriate re-employment list as provided by these Rules. If not certified as having given satisfactory service, the permanent employee laid off may interpret the action as a discharge and request an administrative hearing as provided by the Personnel Ordinance and these Rules. Resignation. An employee wishing to leave the competitive service in good stan Ting, shall file with the appointing authority, a written resignation stating the effective date and reasons for leaving at least two weeks before. leaving the service, unless such time limit is waived by such official. A statement as to the resigned employee's service performance and other pertinent information shall be forwarded to the Personnel Officer. Failure to give notice as required by this Rule may be cause for denying future employment by the City. D. Disability. An employee may be transferred, demoted, or separated for disability when they cannot adequately perform the required duties because of a physical and/or mental impairment. The City, at its expense, may require an examination of the employee performed by a physician, psychologist or psychiatrist of City choice when any issue of an employee's possible disability arises. A.disabled employee may be retained by the City in a position for which qualified, if deemed reasonable and appropriate by City. E. Retirement. Whenever an employee meets the conditions set forth in the City Is retirement plan regulations, they may elect to retire and receive benefits earned under the retirement plan. SECTION 16. MISCELLANEOUS RULES A. Political Activity. No officer or employee of the City shall use their position to influence any vote or other political influence within the City. An officer or employee of the City shall not knowingly solicit political contributions from other City officers or employees unless done incidentally to a solicitation of a larger segment of the public which may include officers or employees of the City. No City officer or employee shall participate in political activities of any kind while in uniform. No City officer or employee shall engage in political activity during working hours. Political activities are prohibited on all City premises with the exception that political activities may take place at a City -owned facility when said facility has been rented for the occasion. B. Gifts and Gratuities. No employee shall accept or receive any benefit from any gift, gratuity, present, property or service of any kind, nature or value, which may be directly or indirectly offered as a result of, or anticipation of said employee's position or performance of duties with the City of Morro Bay. Employees should recognize clearly that many practices which are acceptable in private enterprise are not acceptable in public employment where there must be no suspicion of favoritism or influence. To avoid even the slightest implication, it is necessary to follow the strict rule outlined above. Exceptions to the fule are few and quite narrow: For example, advertising and promotional pens, calendars, and other items of negligible value which are circulated widely can be accepted. Also, small boxes of candy at holidays which are presented to an entire department and not to individuals are permitted, but not encouraged. -25- C. Outside Employment. No employee shall engage in outside employment or enterprise which is unsuitable or in conflict with their municipal duties or responsibilities, or which will lessen their effectiveness as a City employee. No City -owned equipment, vehicles, tools, supplies or any other item shall be used by any employee while the employee is engaged in any outside employ- ment or activity. To avoid public criticism or discredit of the City, employees shall not use the influence of their City employment in non -City business. D. Sexual Harassment. The City of Morro Bay will not condone any form of sexual arassment at the workplace. Such conduct by a City employee will not be tolerated, and disciplinary action up to and including termin.ation.will be taken against an employee engaging'in sexual harassment... (1) Responsibility of Each City Employee.. A City employee is to report any. act of sexual harassment to their immediate supervisor, department head, or the Personnel Officer. (2) Responsibility of Management and Supervisory Employees. Management and supervisory personnel are responsible for ensuring that the work environ- ment is free of sexual harassment by: (a) Informing all employees under their direction of the City policy and complaint procedure. (b) Reporting any instances of sexual harassment to their department head and to the Personnel Officer for investigation. (c) Based on the findings of the investigation, taking appropriate disciplinary action. (3) Responsibility of the Personnel Officer. The Personnel Officer is responsible for administering the complaint procedure, conducting an investigation and in consultation with the department head, recommending disciplinary action as may be appropriate. SECTION 17. TRAINING OF EMPLOYEES A. Training. The Personnel Officer and department heads shall prepare and conduct appropriate training programs within budget constraints. Such programs may include lecture courses, demonstrations, assignment of reading matter or such other devices as may be available for the purpose of improving the effectiveness and broadening the knowledge of municipal employees in the performance of their respective duties. B. Credit for Training. Participation in and successful completion of special training courses may be considered in making advancements and promotions. Evidence of such activity shall be filed by the employee or department with the Personnel Officer and placed in the employee's file. - 26- Seminars and Conferences. Employees shall be encouraged to continue their professional development through attendance at approved seminars and con- ferencessub.iect to the followinq conditions: (1) The conference should be a budgeted item when possible and must be of direct benefit to the City. (2) Approval to attend the conference shall be requested from the appointing authority, preferably one month in advance of the travel date. SECTION 18. REPORTS AND RECORDS A. Roster Cards. The Personnel Officer shall maintain a service record for each employee in.the service of the City showing the name, title of position held, the department to which assigned, salary, changes in employment status, residence data, and such other information as may be considered pertinent. Change -of -Status Report.Every appointment, transfer, promotion, demotion, change of salary rate, and other temporary or permanent change in status of employees shall be reported to the Personnel Officer in such manner as may be prescribed. Destruction of Records. Roster and payroll records shall be kept permanently. All other records relating to personnel, including correspondence, appli- cations, examinations, and reports may be destroyed after five years. Any temporary record may be destroyed at any time by the Personnel Officer before the.expiration of two years with the consent of the City Council and the City Attorney. Employee Access. Every employee shall have a right of access to their own personnel file and every document therein. It shall be the responsibility of the Personnel Officer to preserve the confidentiality of all records placed under the custodianship of the Personnel Department and to limit exposure of such records to persons who have a legitimate need to review the the information contained therein. SECTION 19. DISCIPLINARY AND APPEALS PROCEDURES A. Basis for Disciplinary Action. The tenure of every City employee in the competitive service shall be based on reasonable standards of personal conduct and job performance. Failure to meet such standards shall be grounds for appropriate disciplinary action, which shall be commensurate with the seriousness of the offense and with due consideration of the employee's prior performance record. Disciplinary action may be based upon any of the following grounds: dishonesty, incompetency, inefficiency, neglect of duty, disability resulting from other than good cause, drunkenness, intemperance, insubordination, drug addiction, unexcused absence, violation of rules, regulations or orders established by a supervisor or the City Council, conviction of a felony or misdemeanor involving moral turpitude, discourtesy to the public or fellow employees, misuse or abuse of City property or equipment, substandard job performance and other acts which are incompatible with service to the public. - 27 - B. Types of Discipline. The following procedures shall be followed when, in the judgment of the department head, an employee has committed an act or omission that justified the disciplinary action indicated. In the case of any member of the staff of the City Administrator's Office, the City Administrator shall, for the purpose of this Section, be considered to be a department head. Except for written warnings/reprimands, the department head or.his/her designee shall advise employees of contemplated disciplinary actions'in writing and allow the employee an opportunity to respond to such charges prior to taking action. When there exists a serious and imminent risk to. the health or safety of any . .person -or serious injury or less to property, a supervisor shall take immediate action to reduce or eliminate the danger. In case of such emergency, an employee shall, have all of the rights set forth herein, except the right to receive prior written notice of proposed disciplinary action. The Personnel Officer must be contacted immediately. (1), Warning/Reprimand. If the warning/reprimand•is in writing, the department department head all give the employee a copy and forward a copy to the -Personnel Officer for review and retention in the employee's personal history file.. A written warning/reprimand shall contain a description of the events which necessitated the action, specific expectations of change by -the employee, and notice of further action in the event a change by the employee does not occur. (2) Extra Duty:. In the event of the suspension of an employee, the department head may offer an option to the employee to work extra duty, without pay, in lieu of suspension. The employee involved shall have the option to accept, or -refuse such extra duty, without prejudice to his/her appeal `'rights. (3) Suspension. A department head may suspend an employee with or.without pay from his/her position. The department head shall advise the employee in writing of the proposed action and shall give a copy of such statement . to the Personnel Officer. The written statment shall contain a description of the -events which necessitates the intended suspension, a statement of the charges, notification that the employee may review or make copies of any materials which are a basis of the intended action, and the right of the employee.to meet with the department head or, to submit. in writing his/her response to the proposedaction within a reasonable time frame. Unless extended by approval of the City Council on written recommendation of the City Administrator, the maximum period of suspension shall be thirty (30) calendar days. (4) Demotion. A department head shall advise the employee in writing of his/her intention to demote an employee prior to taking such action. The written statement shall contain a description of the events which necessitates the intended demotion, a statment of the charges, notifica- tion that the employee may review or make copies of materials leading to the intended demotion, and the right of the employee to meet with the department head or respond in writing within a reasonable time frame to the charges. (5) Discharge. A department head shall advise the employee and the Personnel Officer in writing of his/her intention to discharge an employee prior to taking such action. In discharging an employee, the department head shall make a written notice and shall give a copy of said notice of intended discharge to the employee and forward a copy to the Personnel Officer. The written statement shall contain a description of the events which necessitates the intended discharge, a statement of the charges, notification that the employee may review or make copies of materials leading to the proposed discharge action, and the right of the employee to meet with the department head or respond in writing within a reasonable time frame to the charges. C. Employee's Response. An employee's opportunity to respond to the department head is intended to be a meeting and not a formal or an adversary hearing. The employee is.not accorded the right to cross- examine a department's witness, nor to present a formal case in opposition to the proposed discipline. However, the limited nature of this response does not obviate the department head's responsibility to initiate further investigation if the employee's version of the facts raises doubts as to the accuracy of the department head's information leading to the discipline proposal. An employee shall have the right of"representation; if so requested. D. Appeal Procedures. The appeal procedure described herein shall apply to cases of disciplinary action or grievance appeals affecting the permanent employees in the competitive service. It shall not be applicable to those positions which may be deemed exempt by Council resolution or to probationary employees. (1) An employee shall first pursue all informal grievances with his/her supervisor and at any time that the employee.or the supervisor or the 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/her supervisor and department head before filing a written grievance. (2) Following the notice of proposed disciplinary action and the employee's opportunity to respond, the Personnel Officer, where indicated, shall cause to be served on the employee affected, by registered mail or personal delivery, a statement signed by the department head indicating, if applicable, the department head's decision based on the employee's response and,.if.the disciplinary action is to proceed, the specific charges against the employee. This statement shall clearly inform the employee that he/she has the right, within five working days after receipt of this notice, to request a hearing on the charges by filing the request with the Personnel Officer. Such request shall set forth the grounds and basis of the appeal. (3) If, within the five-day appeal period, the employee involved does not file said appeal, unless good cause for the failure is shown, the action of the City shall be considered conclusive and shall take effect as prescribed. IMM (4) If, within the five-day appeal period, the employee involved files such notice of appeal by giving written notice of appeal to the Personnel Officer, the City shall select a hearing officer to hear the appeal, which may be the City Administrator, Personnel Officer, or other designee selected by the City. (5) A time for an appeal hearing shall be established which shall not be less than ten (10) working days, nor more than thirty (30) working days, from the date of the filing of the appeal. All interested parties shall be notified in writing of the date, time, and place of the hearing at least five (5) working days prior to the hearing. (6) All hearings shall be private; provided, however, that the appellant may request a hearing open to the public. (7) The Hearing Officer may, if legally authorized, issue subpoenaes at the request of either party to the commencement of such hearing. (8) The hearing need not be conducted in accordance with technical rules relating to evidence and witnesses but hearings shall be conducted in a manner most conducive to determinations of the truth. Any relevant evidence may be admitted if it is the sort of evidence on which 'responsible persons are accustomed to -rely in the conduct of serious affairs, regardless of the existence of any common law or statutory rules which might make improper the admission of such evidence over objection in civil actions. Hearsay evidence may be used for the purpose of supplementing or explaining any direct evidence but shall not be sufficient in itself to support a finding unless it would be admissable over objection in civil actions. The rules of privilege shall be effective to the same extent that they are now or hereafter may be recognized in civil actions, and irrelevant and unduly repetitious evidence may be excluded. Decisions made by the Hearing Officer shall not be invalidated by any informality in the proceedings, and the Hearing Officer shall not be bound by technical rules of evidence. (9) The Hearing Officer shall rule on the admission or exclusion of evidence. (10) Each party shall have these rights: to be represented by legal counsel or other person of his/her choice; to call and examine witnessess; to introduce evidence; to cross-examine opposing witnesses on any matter relevant to the issues; to impeach any witness regardless of which party first called him/her to testify; .and to rebut the evidence against him/her. If the respondent does not testify in his/her own behalf, he/she may be called and examined as if under cross-examination. (11) Oral evidence shall be taken only on oath or affirmation. (12) The hearing shall proceed in the following order, unless the Hearing Officer, for special reason, otherwise directs: (a) The party imposing discipline shall be permitted to make an opening statement. (b) The appealing party shall be permitted to make an opening statement. 30 (c) The party imposing disciplinary action shall produce the evidence on his/her part. (d) The party appealing from such disciplinary action may then open his/her defense and offer his/her evidence in support thereof. . (e) The parties may then, in order, respectively offer rebutting evidence only, unless the Hearing Officer.for good reason, permits them to offer evidence upon their original case. (f) Arguments shall be permitted in the discretion of the Hearing Officer. (g) The Hearing Officer shall determine relevancy, weight, and credibility of testimony and evidence, and shall base his/her findings on the preponderance of evidence. (h) During the enmination'of a witness, all other witnesses, except the parties, shall be excluded from the hearing upon motion of either party. (i) .No still photographs, moving pictures, or television pictures shall be taken in the hearing chamber during a hearing. (j) The Hearing Officer, prior to or during a hearing, may grant a —continuance for any reason he/she believes to be important to, its reaching a fair and proper decision. (k) The Hearing Officer shall render his/her findings and recommenda- tions as soon after the conclusion of the hearing as possible and in no event later than thirty (30) calendar days after conducting --the hearing, unless otherwise agreed upon by both parties. His/ her decision shall set forth the recommendations as to each of the charges and the reasons therefore. (1) The Hearing Officer may recommend the sustaining or rejecting of any or all of the charges filed against the employee. He/she may recommendsustaining, rejecting, or modifying the disciplinary action invoked against the employee. (m) The decision of the Hearing Officer is advisory. The.decision shall be filed with the charged employee, the City Administrator, and the City Council, and shall set forth all findings and conclusions. If a discharge is not sustained, the decision shall set forth the recommended effective date the employee is to be reinstated, which may be any time on or after the date the disciplinary action went into effect. (n) Either the appellant or the City may file a written appeal to the decision, findings, and conclusions of the Hearing Officer within ten (10) working days of the Hearing Officer's decision. (o) A party desiring to contest the decision of the Hearing Officer may request a transcript for review by the City Council within ten (10) working days of the Hearing Officer's decision. If.the appellant requests a transcript, he/she shall pay the sum of one hundred and no/100ths ($100.00) dollars to the Clerk as a deposit at the time the request is made. This amount shall be applied toward the cost of preparing the record. When the total cost of the preparation of the record has been ascertained by the Clerk, - 31 - the appellant shall pay the amount of the cost thereof within forty-eight (48) hours after being notified by the Clerk. If the cost of the record is less than one hundred and no/100ths ($100.00) dollars, any amount in excess of the actual cost shall be refunded to the appellant. The Hearing Officer shall not be held responsible for faulty taping equipment and the consequences thereof. (p) .Within ten (10) working days of (a) the expiration of the ten- day exception period, or (b) the filing of exceptions, which- ever period is later, the City Council, shall review the decision of the Hearing Officer, any exceptions filed, and the record, if one is requested.by a party. The City Council may ratify, modify, or reverse the decision of the Hearing Officer. The decision of the City Council shall be final. - 32 - C 4 16RESOLUTION N0. 33-83 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY ESTABLISHING TRAVEL SUBSISTENCE RATES WHILE ON OFFICIAL BUSINESS FOR THE CITY OF MORRO BAY THE CITY COUNCIL City of Morro Bay, California WHEREAS, the City of Morro Bay has adopted a travel policy governing expenses and setting forth conditions when traveling on official business for the City; and WHEREAS, said policy requires the City Council to establish by resolution the per diem rates necessary for the conduct of City business by City employees and officials during travel status; and WHEREAS, the maximum allowable per diem rate is based upon a complete day in travel status, and for continuous travel in excess of twenty-four (24) hours; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Morro Bay does hereby adopt the following per diem allowances. based upon the approximate distribution: A. Maximum per diem rate: $29.00 per day, as follows: $4.00 Breakfast $7.00 Lunch $12.00 Dinner $6.00 Miscellaneous Expenses B. These subsistence rates shall be reviewed annually by the City Council during budget preparation. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held thereof on the 28th day of February,,1983, by the following roll call vote: AYES: Anderson, Lemons, Risley, Zeuschner, Shelton NOES: None ABSENT: None Ell R. SHELTON, MAYOR ATTEST: PEGCI 61.PUCHANAN, DEPUTY CITY CLERK 4 RESOLUTION NO. 32-83 A RESOLUTION RESCINDING RESOLUTION NO. 15-75 AND ESTABLISHING A POLICY FOR TRAVEL AND RELATED EXPENSES INCURRED ON OFFICIAL BUSINESS FOR THE CITY OF MORRO BAY THE CITY COUNCIL City of Morro Bay, California WHEREAS, the City of Morro Bay has adopted a policy for attendance at conferences, meetings, and public hearings, setting forth authorized and allowable expenses for travel on official business; and WHEREAS, the guidelines regarding said policy have been reviewed and are proposed to be modified by the City to present a more uniform and comprehensive travel policy procedure; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Morro Bay does hereby rescind Resolution No. 15-75 and adopts the Travel Policy 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 the 28th day of February 1983 by the following roll call vote: AYES: Anderson, Lemons, Risley, Zeuschner, Shelton NOES: None ABSENT: None ATTEST: PEGGY6AO.WCHANAN, Deputy City Clerk • 6 RESOLUTION NO. 31-83 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY AWARDING CONTRACT FOR THE CONSTRUCTION OF PROJECT NO. PW-83-55 - STORM DRAINS 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 need for storm drains to improve drainage on Beach Street, Embarcadero, Pacific Street, and Marina Street, and WHEREAS, the project was formally advertised and bids were received, and WHEREAS, ten (10) bids were received for the storm drain project, and WHEREAS, the low bid was submitted by C. Beecham Construction of Los Osos, California, in the amount of $118,296.27, and WHEREAS, C. Beecham Construction is the lowest responsible bidder for the storm drain project, NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay that C. Beecham Construction of Los Osos, California be hereby awarded the contract in the amount of $118,296.27 for the storm drain project no. PW-83-55, in accordance with all plans and specifications for that project. BE IT FURTHER RESOLVED that the City Council hereby authorizes the Mayor and the City Clerk to sign all necessary agreements per- taining to this project, and authorizes the Director of Public Works tp approve change orders for an aggregate amount 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 held thereof on the 28th day of February , 1983, by the following roll call vote: AYES: Anderson, NOES: None ABSENT: None Lemons, Risley, Zeuschner, Shelton ATTEST: -44 &;�� PAUL BAXTER, City Clerk 6 RESOLUTION NO. _30-83 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY AUTHORIZING THE CITY TO SUBMIT A COMMUNITY DEVELOPMENT BLOCK GRANT TO THE STATE DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT FOR A SENIOR CENTER CONSTRUCTION PROJECT THE CITY COUNCIL City of Morro Bay, California WHEREAS the City has conducted a public hearing regarding its intent to submit a Community Development Block Grant application and has therefore invited public input, and WHEREAS the City has by public notice invited any written comments relating to the Community Development Block Grant application, and WHEREAS the City Council approves of the proposed program activities which are contained in -the City's Community Development Block Grant application, NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay to authorize the City to submit a Community Development Block Grant to the State Department of Housing and Community Development to request funds for the construction of a Senior Center Facility, and BE IT FURTHER RESOLVED that the Council authorize the City Administrator to sign all related documents to the Community Development Block Grant application. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held thereof on the 28th day of February 1983, by the following roll call vote: AYES: Anderson, Lemons, Risley, Zeuschner, Shelton NOES: None ABSENT: None ATTEST: PAUL BAXTER, City Clerk 0 RESOLUTION NO. 29-83 RESOLUTION AMENDING THE GENERAL PLAN LAND USE ELEMENT TO CHANGE THE LAND USE DESIGNATIONS FOR CERTAIN PROPERTIES AS DESCRIBED IN EXHIBIT "A", ATTACHED HERETO T H E C I T Y C O U N C I L City of Morro Bay, California WHEREAS, the Planning Commission of the City of Morro Bay did on January 17, 1983, and February 7, 1983, conduct PUBLIC HEARINGS to consider amendment of the General Plan Land Use Element, in conformance with Section 65351 of the Government Code of the State of California; and WHEREAS, the Morro Bay City Council held a PUBLIC HEARING on February 28, 1983, as required by Section 65355 of the Government Code of the State of California, at which hearing any person desiring to be heard to express their views for or against or in modification of said proposed amendment was so heard and testimony considered. NOW, THEREFORE, BE IT RESOLVED that the Morro Bay City Council does hereby amend the General Plan Land Use Element to conform with the Local Coastal Plan, for certain properties described herein, at a meeting of said City Council held this 28th day of February, 1983, by the following roll call vote: AYES: . Anderson, Lemons, Risley, Zeuschner, Shelton NOES: None ABSENT: None ATTEST: PAUL BAXTER, City ClerK APPROVED AS TO FORM: MI H L S GE, Llty Attorney C . �. Resolution No. CASE NO. GPA 02-83 "Exhibit A" Proposed Amendments to the General Plan Land Use Element Area - See Figure A 3a 3b 4a 4b 6 7a 7b 8 - portion between Olive.and Acacia Streets only Recommended General Plan Land Use Element Designation Tourist Commercial Tourist Commercial* Light Industrial Light Industrial Community Commercial Service Commercial Service Commercial Medium Density Residential * Except for properties on the north side of Errol Street, not fronting on Main Street which are intended to be in the Light Industrial designation 0 Location Map Code 1977 General Plan Land Uses Proposed Land Uses (Coastal Plan Categories) 3 a b Service Commercial Visitor Servin Tourist Commercial 4 a/b Service Commercial General Li ht Industrial 6 Service Commercial Community District Commercial 7 a b Neiqhborhood Commercial Service Commercial 8 Low/Medium Density Residential Medium Density Residential RESOLUTION NO. 28-83 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, CALIFORNIA, ANNOUNCING FINDINGS AND APPROVING A CONDITIONAL USE PERMIT FOR MINOR ALTERATIONS TO THE EXISTING STRUCTURES LOCATED ON LEASE SITE 18 and 18W (CASE NO. 01-83) 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, California, did on the 7th day of February, 1983, hold a duly noticed PUBLIC HEARING to consider the request of RONALD MYERS for approval of a conditional use permit for property located in the CZ (special coastal zone) district, generally located at 701 Embarcadero, Morro Bay; more particularly described as Lease Site No. 18; and WHEREAS, after such hearing the Planning Commission did adopt Resolution No. 08-83, recommending to the City Council approval of the conditional use permit as conditioned; and 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 Environmental Coordinator has determined that the project is Categorically Exempt, and no further documentation is deemed necessary; and WHEREAS, the City Council of the City of Morro Bay held a duly noticed PUBLIC HEARING on the 28th day of February, 1983, to consider this same request; and WHEREAS, at said PUBLIC HEARING, after considering the arguments of all persons, if any, wishing to testify, the City Council did find the following facts and reasons to justify recommending the granting of said Conditional 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 and Coastal Land Use 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, California, as follows: 1. That the above recitations are true and correct and constitute the finding of the City Council in this matter; and, CITY COUNCIL RESOLUTION NO. 28-83 PAGE TWO 2. That the City Council does hereby recommend approval of the Conditional Use Permit No. CUP 01-83, subject to the conditions attached hereto. PASSED, APPROVED AND ADOPTED, on the 28th day of February, 1983, by the following roll call vote: AYES: Anderson, Lemons, Risley, Zeuschner, Shelton NOES: None ABSENT: None EUGENE R. SHELTON, Mayor ATTEST: L, �- PAUL BAXTER, City Clerk APPROVED AS TO FORM: MICHAEL LESAGE, City Attorney CITY COUNCIL RESOLUTION NO. 28-83 PAGE THREE CONDITIONS OF APPROVAL CASE NO. CUP 01-83 STANDARD CONDITIONS 1. The Conditional Use Permit is granted for the land described in the application and any attachments thereto, and as shown onthe plot plan submitted and labeled Exhibit "A". The location of all buildings and other features, shall be located substantially as shown on the plot plan labeled Exhibit "A" and the floor plan labeled Exhibit "B". The uses of the building shall be those indicated in the floor plan labeled Exhibit "B". 2. Unless the construction of the structure or facility is commenced not later than one year after the date the approval is granted and is diligently pursued thereafter, this approval will automatically become null and void. 3. Any minor change may be approved by the Planning and Community Development Director. Any substantial change will.require the filing of an application for an amendment to be considered by the Planning Commission and City Council. 4. All requirements of any law, ordinance or regulation of the State of California, City of Morro Bay, and any other governmental entity shall be complied within the exercise of this approval. 5. Prior to obtaining a building permit and within thirty (30) days hereof, the applicant shall file with the Director of Planning and Community Development written acceptance of the conditions stated herein. 6. Compliance with and execution of all conditions listed hereon shall be necessary, unless otherwise specified, prior to obtaining final building inspection clearance. Deviation from this requirement shall be permitted only by written consent of the Planning and Community Development Director and/or as authorized by the City Council. SPECIAL CONDITIONS 7. The hoist proposed for the southeast corner of the pier shall not be installed unless the following is submitted to and approved by the Building Division: size and design of the proposed hoist and of the structural elements of the pier intended to support such hoist. 8. Prior to any change in the height, square -footage or layout of any of the buildings on the lease -site, applicant must apply for a conditional use permit amendment and shall submit detailed plans regarding parking, landscaping, exterior lighting and such additional information required by the Planning and Community Development Director. RESOLUTION NO. 27-83 A RESOLUTION ADOPTING THE SCENIC HIGHWAYS ELEMENT OF THE GENERAL PLAN, AND DELETING CERTAIN OUTDATED DISCRETIONARY ELEMENTS DESCRIBED AS THE CIVIC CENTER ELEMENT, THE PUBLIC SERVICES AND FACILITIES ELEMENT AND THE TRANSPORTATION ELEMENT, INCLUDING THE HARBOR PLAN (A PORTION OF THE TRANSPORTATION ELEMENT) THE CITY COUNCIL City of Morro Bay, California WHEREAS, the Planning Commission of the City of Morro Bay did, on January 17, 1983, conduct a PUBLIC HEARING to consider an amendment of the General Plan by adoption of a Scenic Highways Element in conformance with Section 65351 of the Government Code of the State of California, and deletion of certain outdated discretionary elements, described as the Civic Center Element, the Public Services and Facilities Element and the Transportation Element, including the Harbor Plan (a portion of the Transportation Element), which are inconsistent and incompatible with the City's other General Plan Elements; and WHEREAS, the Morro Bay City Council held a PUBLIC HEARING on February 28, 1983, as required by Section 65355 of the Government Code of the State of California, at which hearing any person desiring to be heard to express their views for or against or in modification of said proposed Scenic Highways Element and deletion of said discretionary elements was so heard and testimony considered. NOW, THEREFORE, BE IT RESOLVED that the Morro Bay City Council does hereby adopt the Scenic Highways Element of the General Plan and delete the Civic Center Element, the Public Services and Facilities Element and the Transportation Element, including the Harbor Plan, at a meeting of said City Council held this 28th day of February, 1983, by the following roll call vote: AYES: Anderson, NOES: None ABSENT: None ATTEST: Lemons, Risley, Zeuschner, Shelton APPROVED AS TO FORM: MICHAEL LESAGE ity ttorney RESOLUTION NO. 26-83 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY ACCEPTING DEEDS FROM PRIVATE PROPERTY OWNERS REGARDING MORRO BAY TIDELANDS; A STIPULATION TO JUDGEMENT; JUDGEMENT; ESCROW INSTRUCTIONS; AND QUITCLAIM DEEDS FROM THE CITY OF MORRO BAY TO PRIVATE PROPERTY OWNERS REGARDING MORRO BAY TIDELANDS BOUNDARY LINE THE CITY COUNCIL City of Morro Bay, California THE FOLLOWING RESOLUTION IS HEREBY PROPOSED: WHEREAS, the City of Morro Bay does hereby accept quitclaim deeds from certain private property owners regarding settlement of Morro Bay Tidelands Boundary Line, a copy of which is attached hereto and by reference made a part hereof; and WHEREAS, the City Council of the City of Morro Bay approves the Stipulation to Judgement, Judgement, and Escrow Instructions regarding the Morro Bay Tidelands Agreement which is attached hereto and by reference made a part hereof, subject to technical modifications; and WHEREAS, the City Council of the City of Morro Bay approves Quitclaim deeds from the City to certain private property owners regarding settlement of the Morro Bay Tidelands Boundary Line Agreement, copies of which are attached hereto and by reference made a part hereof; and WHEREAS, the Council authorizes the Mayor and City Clerk to execute a Certificate of Acceptance and Consent to Recordation for the aforementioned real property on behalf of the City and also to sign Quitclaim deeds to be submitted to the property owners, and agrees to recordation of the aforementioned Quitclaim deeds on behalf of the City of Morro Bay; and WHEREAS, the Mayor and City Clerk be and hereby are authorized and directed to execute and record said stipulations to judgement, judgement, escrow instructions and quitclaim deeds together with a copy of this Resolution at the Office of the Recorder of the County of San Luis Obispo and all title companies with which the City deals with regarding this matter. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay that the City Council approves of the above listed items and also directs the City Clerk to file certified copies of the above mentioned documents with each of the private property owners, State Lands Commission and the State Coastal Commission. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held thereof on the 28th day of February, 1983, by the following roll call vote: AYES: Anderson, Lemons, Risley, Zeuschner, Shelton NOES: None ABSENT: None EUG SHELTON, MAYOR ATTEST: 6 Attachments may be found in the Agreement files, marked Tidelands Settlement Agreement, and also in the General Files, under Tidelands Park. (Attachments are: Quitclaim deeds, Stipulation to Judgement, Judgement, Escrow Instructions, and Boundary Line Agreement) . RESOLUTION NO. 25-83 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY OPPOSING LICENSING, FUEL LOADING OR OPERATION OF THE DIABLO CANYON NUCLEAR POWER PLANT THE CITY COUNCIL City of Morro Bay, California WHEREAS, the Diablo Canyon Power Plant has been the subject of a reverification analysis of its seismic, safety as required by the U..S. Nuclear Regulatory. Commission (NRC); NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Morro Bay urges, in the interest of the public's. health and safety, that licensing, fuel loading, or operation of the Diablo Canyon Nuclear Power Plant be deferred until the reverification program and safety studies commissioned by the NRC are finished; the plant is proven to be safe; and all plant modifications to safety related structures, systems, and components are completed. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held thereof on the 28th day of February, 1983, by the following roll call vote: AYES: Anderson, Lemons, Risley, Zeuschner, Shelton NOES: None ABSENT: None ATTEST: PEGG)TF,1 „!A N, DEPUTY CITY CLERK 0• 00 RESOLUTION NO. 24-83 A RESOLUTION AUTHORIZING APPLICATION TO OBTAIN FEDERAL FINANCIAL ASSISTANCE UNDER THE DISASTER RELIEF ACT T H E C I T Y C 0 U N C I L City of Morro Bay, California WHEREAS, recent February 1983 storm weather created unusual and disasterous damages upon the City of Morro Bay; and WHEREAS, the City of Morro Bay incurred and will incur expenses related to protecting life and property during the storm weather, in addition to costs for debris clearance and damage reconstruction; and WHEREAS, the County of San Luis Obispo was declared a disaster area on February 9, 1983, thereby becoming eligible for Federal financial assistance and relief; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Morro Bay does hereby resolve that the City Administrator is authorized to execute for and in behalf of the City of Morro Bay, a public entity established under the laws of the State of California, an application and to file it in the appropriate State office for the purpose of obtaining certain Federal financial assistance under the Disaster Relief Act (Public Law 288, 93rd Congress) or otherwise avail- able from the President's Disaster Relief Fund; and BE IT FURTHER RESOLVED that the City Council of the City of Morro Bay, a public entity established under the laws of the State of California, hereby authorizes its agent to provide to the State and to the Federal Emergency Management Agency (FEMA) for all matters pertaining to such Federal disaster assistance the assurances and agreements printed on the reverse side hereof. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof held the 28th day of February, 1983, by the following roll call vote: AYES: Anderson, Lemons, Risley, Zeuschner, Shelton NOES: None ABSENT: None ATTEST: 'i%lc/ : F MWE 1%! 1` , RESOLUTION NO. 23-83 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY ESTABLISHING AN ADJUSTED MANDATORY RESIDENTIAL REFUSE COLLECTION RATE T H E C 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; and WHEREAS the adoption of this resolution will rescind Resolution No. 19-82 relating to refuse collection rates which was adopted on the 8th day of March 1982; and WHEREAS, the mandatory residential refuse collection rate adjustment set forth by this resolution only applies to the $3.60 monthly rate for minimum residential service; and WHEREAS, the City Council has established said rate adjustment from $3.60 to $4.00 to compensate for those billing responsibilities which were recently transferred from the City to the Morro Bay Garbage Company. NOW, THEREFORE, BE IT RESOLVED by the City Council 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 the rates which are contained in Exhibit "A" of this document shall apply respectively to those premises which are equipped with one water meter serving multiple units, and, that those residential premises which are equipped with one water meter which services four (4) or more units shall be defined as a commercial account. .. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held thereof on the 24th day of January, 1983 by the following roll call vote: AYES: NOES ABSENT: Anderson, Lemons, Zeuschner Risley, Shelton None ATTEST: PAUL BAXTER, City Clerk EXHIBIT"A" RATE SCHEDULE FOR REFUSE SERVICES .AS..ADJUSTED ON JANUARY 24, 1983 MANDATORY RESIDENTIAL RATES: (Hardship Cases Also) 1 Can 2 Cans 3'Cans 4'Cans 5 Cans $4.00 $5.50 $7.25 $8.75 $10.25 CONVENIENCE'RESIDENTIAL'RATE: $7.00 $9.50 $12.00 _ $14.50 $17.00 SPECIAL TAG SERVICE SPECIAL 'PICKUP $1.25 per tag $4.00 per yard COMMERCIAL BIN SERVICE 1 Pickup 2 Pickups-,- 3"Pickups _ 6'Pickups 1 Yd. Bin $14.75 $23.00. $29.75 $53.50 2 Yd. Bin 21.50 38.00 51.50. 94.75 3 Yd. Bin 28.70 53.b0. 73.00 138.00 COMMERCIAL'STANDARD CONTAINER SERVICE I'Pickup '2 Pickups "3'Pickups 6 Pickups 1 Can $ 5.25 $10.50 $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 COMMERCIAL BINS OVERLOAD 'ON'BINS 1 Yd. Bin $6.00 1 Yd. Bin $5.00 2 Yd. Bin 7.50 2 Yd. Bin 7.50 3.Yd. Bin 9.00 3 Yd. Bin 10.00 RESOLUTION NO. 22-83 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY AWARDING BID NO. PW-83-5 FOR WATER PIPE 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-83-5 for 15,000 L.F. of A.C. Class 150, 6-inch Waterline to Certainteed Corporation in the amount of $42,612.00. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof held the 14th day of February, 1983, by the following roll call vote: AYES: Anderson, Lemons, Risley, Zeuschner, Shelton NOES: None ABSENT: None PAUL08AXIER, City Clerk by Peggy Buchanan, Deputy City Clerk RESOLUTION NO. 21-83 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY AUTHORIZING THE CITY ADMINISTRATOR TO SIGN TRANSPORTATION DEVELOPMENT PLAN (TDP) DOCUMENTS THE CITY COUNCIL City of Morro Bay, California WHEREAS, the San Luis Obispo County and Cities Area Planning and Coordinating Council is disbursing $4,000.00 to the City of Morro Bay for the purpose of preparing a Transportation Development Plan, hereinafter referred to as "TDP"; and, WHEREAS, the purpose of the TDP is to formulate goals, objectives, and policies for transit service level, capital improvements, financial projection, ands--mode-of- operations relating to the Morro Bay Dial -A -Ride system; and, WHEREAS, the TDP would be beneficial to the City in that it will assist in charting out local transit services for Morro Bay for the next five years, and will ultimately be integrated into the Regional Transportation Development Plan; and, WHEREAS, the City will be required to match this program with $890.00 worth of "in kind" local staff support, NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay to authorize the City Administrator to sign the TDP Agreement attached hereto and marked "Exhibit A" of this document, and BE IT FURTHER RESOLVED that the Council authorize "in kind'.' staff support in the amount of $890.00 for the purpose pf coordinating and/or preparing the TDP. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held thereof on the 14th day of February, 1983, by the following roll call vote: AYES: Anderson, Lemons, Risley, Zesuchner, Shelton NOES: None ABSENT: None ATTEST: PAUL R, City Clerk b'y Peggy Buchanan, Deputy City Clerk • CONTRACT FOR SPECIAL SERVICES BETWEEN SAN LUIS OBISPO COUNTY. AND CITIES AREA PLANNING AND COORDINATING COUNCIL AND CITY OF MORRO BAY THIS CONTRACT is entered into this day of February, 1983, by and between the SAN LUIS OBISPO COUNTY AND CITIES AREA PLANNING AND COORDINATING COUNCIL, (hereinafter referred to as "Area Council") and the City of Morro Bay, an independent contractor (hereinafter referred tows "Contractor"); WHEREAS, the Area Council has adopted in its 1982/83 work program development of a Transit Development Plan for the City of Morro Bay identified as work element 601.044; and WHEREAS, the Area Council has need for special services and advice in planning services; and WHEREAS, Contractor is specially trained, experienced, expert and competent to perform such special services; and NOW, THEREFORE, the parties do mutually agree as follows: 1. Retention of Services. Area Council hereby engages Contractor and Contractor hereby agrees to perform for Area Council' the services hereinafter set forth for the compensation hereinafter set forth, all pursuant to the terms and conditions herein.. 2. Scope of Services. Pursuant to this Contract, Contractor shall provide to the Area Council the following services described in Exhibit A to this contract. 3. Compensation. Area Council shall pay to Contractor as compen- sation in full for all service performed by Contractor pursuant to this Contract, the sum of $4,000 provided that said compensation shall be paid in the following manner: Area Council shall pay said compensation to Contractor on a bimonthly basis, within 60 days after the receipt of an itemized bill thereof from Contractor sharing actual work progress and expenditures for the period. Twenty percent (20i) of the contract payment will be withheld pending completion of the agreed work tasks. The Contractor further agrees to provide a local match to the program of $890.00. The Contractor will provide documentation of this local match to the Area Council as a condition of payment. 4. Term -of Contract. This Contract shall commence on February 1983, and shall terminate on June 30, 1983, unless said work is completed on a date prior thereto, or unless terminated earlier as provided herein. Extensions may be granted by the Area. Council Executive Secretary. S. Termination of Contract for Convenience of Either Party. Either party may terminate this Contract at any time by giving to the other party ten (10) days written notice of such termination. Termination shall have no effect upon the rights and obligations. of the parties arising out of transaction occurring prior to the effective date of such termination. Contractor shall be paid for all work satis— factorily completed prior to the effective date of such termination. 6. Termination of Contract for Cause. If, through any cause within its control, Contractor fails to fulfill in a timely and professional manner its obligations under this Contract, or if Contractor shall violate any of the terms or provisions of this Contract, the Area Council shall have the right to terminate this Contract effective immediately upon the Area CounciV s giving written notice thereof to Contractor. Termination shall have no effect upon the rights and obligations of the parties arising out of any transaction occurring prior to the effective date of such termination. Contractor shall be paid for all work satisfactorily completed prior to the effective date of such termination. 7. Modification. This Contract constitutes the entire under- standing of the parties hereto and no changes, amendments, or alterations shall be effective unless in writing and signed by both parties. 8. Non -Assignment of Contract. Inasmuch as this Contract is intended to secure the specialized services .of the Contractor, Contractor shall not assign, transfer, delegate, or sublet this Contract or any interest herein without the prior written consent of the Area Council Executive Secretary, and any such assignment, transfer, delegation, or sublet without the Area Council Executive Secretary's prior written consent shall be considered null and void. If the Area Council Executive Secretary does not respond within 10 working days, the contractor may deem the lack of response to constitute consent. 9. Covenant. The validity, enforceability and interpretation of any of the clauses of this Contract shall be determined and governed by the laws of the State of California. 10. Enforceability. The invalidity and unenforceability of any terms or provisions hereof shall in no way affect the validity or enforceability of any other terms or provisions. 11. Employment Status. Contractor shall, during the entire term of the Contract, be construed to be an independent Contractor, and shall in no event be construed to be an employee of the Area Council. Contractor understands and agrees that he is not, and will not, be eligible for membership in or any benefits from any Area Council group plan for hospital, surgical or medical insurance, or for membership in any Area Council retirement program, or for paid vacation, paid sick leave, or other leave, with or without pay, or for any other benefit which accrues to an Area Council employee. 12. Warranty of Contractor. Contractor warrants that they are properly. certified and licensed under the laws and regulations of the .State of California to provide the services herein agreed to. 13. Conflicts of Interest. No officer, employee, director or agent of the Area Council shall participate in any decision relating to this Contract which affects his personal interest or the interest of. any corporation, partnership, or association in which he is directly or indirectly interested, nor shall any such person have any interest, direct or indirect, in this Contract or the provisions thereof. 14. Actions. In the event of any action or suit upon this Contract, the Area Council, if it shall prevail, shall be entitled to receive reasonable attorney's fees and costs. It is agreed that any breach of this Contract by the Contractor shall entitle the Area Council apply to any Court of competent jurisdiction to enjoin any violation, threatened or actual, of this Contract. 15. Indemnification. Contractor shall defend, indemnify and save harmless the Area Council, its officers, agents, and employees, from any and all claims, demands, damages, costs, expenses, or liability arising out of this contract or occasioned by the performance or attempted performance of the provisions hereof except those arising from the sole negligence or wilful misconduct of the Area Council, including, but not limited to, -any act or omission to act on the part of the Contractor or his agents or employees or other independent contractors directly responsible to him. 16. Notices. Any notice required to be given pursuant to the terms and provisions hereof shall be in writing and shall be sent by certified or registered mail to the Area Council at: San Luis Obispo County and Cities Area Planning and Coordinating Council c/o SLO County Government Center San Luis Obispo, California 93408 and to the Contractor at: City of Morro Bay 595 Harbor Street Morro Bay, California 93442 17. Reporting and Accounting. Written reports shall .be submitted' bimonthly by Contractor to Area Council by the 10th day of each month succeeding the period within which the report is concerned. The report shall describe the work performed towards completion of the work tasks and products defined in Exhibit A, personnel involved, and accomplishments made during the preceding months, plus any problems anticipated in performing said work in the future. A final report is to be submitted at completion of the project. A separate account within the city's existing accounting system shall be established and maintained specifically for and limited to all fiscal activities related to the UMTA/Caltrans Section 8 funds covered by this agreement.. All accounting records shall readily provide a breakdown of total costs charged to this agreement, including properly executed payrolls, time records, invoices and. vouchers evidencing in .proper detail the nature and propriety of the charges. All original records and documents relating to the project shall be retained by the city and made available for .audit and inspection by State or Area Council representatived upon request. Such records shall be retained by the city for a three year period after payment of the Final Voucher. 18. Copyright. Any reports, maps, documents or other materials produced in whole or part under this Contract shall be the property of the Area Council and shall not be subject to any application for copyright by or on behalf of the Contractor. Findings Confidential. information, documents, or any other materials given to or prepared by Contractor under this Contract which Area Council requests in writing to be kept confidential, shall be made available to any individual or organizations by Contractor without the prior written approval of the Area Council. However, Contractor shall be free to disclose such data as is publicly available, already in its possession, or independently developed. IN WITNESS WHEREOF, the Area Council and Contractor have executed this Contract on the day and year first hereinabove set forth SAN LUIS OBISPO COUNTY AND AREA PLANNING AND COORDINATING L r -/ helzp L Paul C. Crawf-orcf, AAF .Gary A. flapper Executive Secretar Acting City Adm nistrator APPROVED AS TO FORM AND LEGAL EFFECT: / By: #c Crawford Assistant County Counsel for the Area Council Dated: 1 I ZS) V-Z-- msD3 1011:14.16W;1 SCOPE OF WORK FOR DEVELOPMENT OF A TRANSIT DEVELOPMENT FOR THE CITY OF MORRO BAY PURPOSE The adopted 1982/83 Transportation Planning Work Program for the San Luis Obispo region calls for the development of a short-range Transit Development Plan (TDP) for the city of Morro Bay. The city's TDP will then be integrated into the regional TDP (Work Element 601.044). The basic purposes for developing a short-range TDP for the city of Morro Bay are as follows: 1. To develop methods to reduce costs while increasing efficiency and effectiveness. 2. To develop a capital replacement program which maximizes use of available state, federal, and local funds in a timely fashion. 3. To develop and adopt overall goals, policiesobjectives (in response to the 1980 performance audit prepared by the state controller's office). 4. To develop a five-year financial plan (as recommended by the 1980 Performance Audit) to assist in multi -year planning and implementation of changes to the system and delivery of transportation services. BACKGROUND The city of Morro Bay developed a short-range Transit Development Plan in 1975, prior to initiation of their Dial -A -Ride (DAR) transit service. This plan identified the projected costs, revenues, and patronage for twelve different levels of service, including both DAR and fixed -route modes. The city's plan projected the expenditures for five years, and identified capital expenditures needed to establish the alternative systems. A DAR was established based on one of the plan alternatives. No formed transit planning was done by Morro Bay since then. In 1977, the Area Council adopted a regional TDP, which included a paragraph describing the Morro Bay DAR, and a five year project of costs (combined operating, administration, and capital). The 1979 updated Regional TDP identified separately the capital and operating costs for the system. The 1981 Regional TDP updated the capital program list and projected operating costs, and added some data regarding current operational/ performance data. The purpose of the project is to develop, through the city, the assumptions which the city is using to plan its transit operations for the next five years, an accurate assessment of the needs and resources, and a program to prevent an untimely budget and service crisis. Exhibit A Page 2 PRODUCTS 1. Alternative means of continuing to provide transit service in Morro Bay.- 2. A capital project's program to. allow the continued transit service in Morro Bay. 3. Established goals, policies and objectives for the transit service. 4. A financial plan for the operation of the Community Transit System for the next 5 years. The products will be delivered to the Area Council as a city short-range transit Development Plana The Area Council's adopted 1982/83 Transportation Planning Work Program identifies the following methodology and tasks which should be used to develop the local TDP's (as appropriate): 1. Development of an updated information base including schedule changes, fleet data, financial characteristics, performance measures and service area demographics. 2. Development and/or refinement of adopted goals, objectives and performance standards. 3. Evaluations of existing transit service at both the system -wide and route -specific levels. 4. Development and testing of system -wide and route improvements. 5. Formulation of an updated five-year transit plan including service proposals, financial projections, capital improvements, marketing and community involvement. The updated short-range plans will be adopted by the cities and incorporated within the regional transit development. c17v RESOLUTION NO. 20-83 RESOLUTION TO APPROVE AND ACCEPT THE DEPARTMENT OF WATER RESOURCES FINAL WATER MANAGEMENT PLAN 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 did not have a Water Management Plan to act as a guide to effective use of available water resources; and WHEREAS, the City of Morro Bay Resolution No. 15-80 authorized an agreement with the State of California Department of Water Resources for an alternate water source study and Basin Management Plan; and WHEREAS, Agreement No. DWR 162574 with the Department of Water Resources called for the formulation and presentation of a Water Management Plan to the City of Morro Bay for approval and adoption; and WHEREAS, the Water Management Plan presented to the City of Morro Bay has been thoroughly reviewed by the Water Advisory Committee, and subsequently recommended to the City Council for approval and acceptance; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay that they do acknowledge, approve of and accept this Water Management Plan as a guide to utilization of water resources 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 the 14th day of February 1983, by the following roll call vote: AYES: Anderson, Lemons, Risley, Zeuschner, Shelton NOES: None ABSENT: None . SHELTON, Mayor ATTEST: P UL ER, City Clerk by e gy Buchanan, Deputy City Clerk • RESOLUTION N0. 19-83 • RESOLUTION ADOPTING A YEARLY RENTAL AGREEMENT FOR THE RENTAL OF MOORING SPACES IN THE DESIGNATED MOORING AREAS WITHIN THE HARBOR 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 provides mooring areas for the mooring of boats, barges and other floating apparatus; and WHEREAS, Ordinance No. 218 addresses the rental and regulation of these mooring spaces; and WHEREAS, it is in the interest of the City and the public. to adopt a rental agreement; and WHEREAS, the Harbor Advisory Board has recommended that an agreement be drafted with the following guidelines: 1. That the agreement.-be.re-negotiated annually. 2. That the City may cancel the agreement on (30) days notice. 3. That the agreement imposes no liability on the City. 4. That the agreement clearly states whether the renter is renting the mooring space only, or the space with mooring tackle. 5. That the mooring tackle is a separate entity.from the space and, if tackle is not supplied by the City, is the responsibility of the renter. 6. That purchase of the mooring tackle by the renter in no way obligates the City to rent that space to the prospective buyer. 7. That the agreement makes the renter aware of Morro Bay Municipal Code, Ordinance No. 218. 8. That the City set a rate for the rental of these spaces based on whether mooring tackle is supplied or not. RESOLUTION NO, 19-8 • PAGE TWO 9. That the City establish a priority waiting list for persons wishing to rent these spaces. WHEREAS, the rental fee is based on whether the space alone is rented or tackle is supplied, the following formula will be used: a. If the mooring space is rented without tackle, the fee will be twenty-nine dollars ($29) per month, adjusted yearly with the cost of living index. b. If the mooring space is rented with tackle, the fee will be recommended by the Harbor Advisory Board and set by City Council. WHEREAS, the City of Morro Bay has made the determination that it will rent out mooring space with tackle when possible, it retains first right of refusal over any space that comes available. Second priority will be given to individuals on a first -come basis from a waiting list to be maintained by the Harbor Division of the City of Morro Bay. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay that the attached "Exhibit A", entitled "Yearly Rental Agreement for City Mooring Space" shall constitute the rental agreement. BE IT FURTHER RESOLVED, that the Director of Public Works is hereby authorized a period of sixty (60) days to phase -in the new rental agreement with current and future renters of mooring spaces within the mooring areas of the City.of Morro Bay. PASSED AND ADOPTED by the City Council of the City.of Morro Bay at a regular meeting held on the 14th day of.February, 1983, by the following roll call vote: AYES: Anderson, Lemons, Risley, Zeuschner, Shelton NOES: None ABSENT: None YAUL'/tili ILK, city cierx by Peggy Buchanan, Deputy City Clerk 1 • EXHIBIT "A" • CITY OF MORRO BAY DEPARTMENT OF PUBLIC WORKS HARBOR DIVISION 1275 Embarcadero Morro Bay CA 93442. 'YEARLY RENTAL AGREEMENT FOR CITY MOORING SPACE APPLICANT'S NAME: ADDRESS: PHONE: MOORING AREA NO.: MOORING TACKLE SUPPLIED: DATE: RATE: The rental term for individual mooring locations shall not exceed a total of one (1) year which term may be renewable at the option of the City, provided that if the City at any time requires the movement of the mooring zones, or movement of individual moor- ing locations due to realignment of the navigable channel, or to perform necessary dredging operations; then such rental term shall be terminated. In such case, the City.may provide comparable mooring space for the duration of the lease or rental term. The City reserves the right to cancel this agreement at .any time and for any reason. A thirty (30) day notice will be given by registered mail. Installation, maintenance and inspection of moorings shall be in accordance with and subject to City specifications and con- ditions. Installation, maintenance and inspection costs shall be• at the expense of the individual mooring owner. Each mooring shall be inspected for general condition and safety bi-annually by the Chief Harbor Patrol Officer and/or his delegates. This inspection will not be interpreted as causing liability to transfer 0 go EXHIBIT "A" PAGE TWO to the City of Morro Bay. Such inspection is due on the anni- versary of the rental agreement. In the event that a mooring owned, installed and maintained by a private individual is abandoned, or in the event that rental fees owed to the City are in arrears for sixty (60) days, or in the event that the renter fails to comply with the inspection and repair requirements within thirty (30) days following the anni- versary, then the Director of Public Works may have the mooring removed and the boat stored in dry dock at the cost of the moor- ing owner. In the event that the mooring owner fails to reimburse the City of Morro Bay within thirty (30) days following removal, then the City may sell the mooring to recoup the cost of the moor- ing removal and administrative costs associated with that removal. Transfer of this space from the present renter to a future renter is subject to the approval of the Public Works Director or his delegate. Sale of the previous,renter's mooring tackle in no way obligates the City to rent that space to the buyer of said mooring tackle. By entering this agreement, the renter agrees to abide by the stipulation of Morro Bay City Ordinance No. 218. u RESOLUTION NO. 18-83 A RESOLUTION APPROVING THE ESTABLISHMENT OF EMT -II SERVICE RATES FOR SAN LUIS AMBULANCE SERVICE, INC. THE CITY COUNCIL City of Morro Bay, California WHEREAS, San Luis Ambulance Service, Inc. has submitted a rate increase proposal to the City of Morro Bay; and WHEREAS, said rate proposal incl.udes increases on current charges as well as establishing new charges for EMT -II services; and WHEREAS, the Morro Bay City Council retains approval rights on ambulance rates within the City limits prior to rate implementation; WHEREAS, San Luis Ambulance has incurred program expenditures in offering advanced life support services to the Morro Bay community; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Morro Bay does hereby adopt the following EMT -II service rates for San Luis Ambulance Service, Inc.: EMT -II SERVICES ECG $50.00 M.A.S.T. Shock Pants 50.00 Defibrillation 45.00 LALA Services - EMT -II 75.00 PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof held the 14th day of February, 1983, by the following roll call vote: AYES: Anderson, Lemons, Risley, Zeuschner, Shelton NOES: None ABSENT: None ATTEST: PEG UCHANAN, Deputy City Clerk RESOLUTION NO. 17-83 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY COMMENDING RON MYERS FOR HIS SERVICE. TO 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, Ron Myers has served the City of Morro Bay as a representative on"the Refuse Franchise Board from December 14, 1981 through December 31, 1982 and also during that time served as its first Chairman; and WHEREAS, during that time Ron Myers exercised a significant leadership. role in establishing the Refuse Franchise Board's role and effectiveness as an agency of the City of Morro Bay; and WHEREAS, during this time Ron Myers ably represented the public interest and was active in numerous programs regarding refuse and recycling for the betterment of the City; and WHEREAS, not only are Ron Myers' skills as an effective and able representative of the City to be commended, but also the selfless devotion of his own time. -to this demanding and often thankless effort on behalf of the public. NOW, THEREFORE BE IT RESOLVED that the Morro Bay City Council extends its best wishes to Ron Myers for his contribution to local government and thanks him for his services to our fair City. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held thereof on January.24, 1983 by the following roll call vote: AYES: Anderson, Lemons, Risley, Zeuschner, Shelton NOES: None ABSENT: None E GENE SHILTON, MAYOR ATTEST: PAUL BAXTER, CITY CLERK RESOLUTION NO. 16-83 A RESOLUTION OF THE CITY COUNCIL OF THE CITY.OF MORRO BAY COMMENDING ARDIS SCHROEDER FOR HER SERVICE TO THE CITY OF MORRO BAY THE CITY COUNCIL City of Morro Bay, California WHEREAS, Ardis Schroeder has served the City of Morro Bay as a member of the Refuse Franchise Board from December 14, 1981 through.December 31, 1982; and WHEREAS, during that time Ardis Schroeder was active helping to establish and formulate the role of the Refuse Franchise Board since its inception; and WHEREAS, during that time much hard work and dedication was provided by Ardis in making the Refuse Franchise Board a.viable and effective arm of the City; and, WHEREAS, not only are Ardis Schroeder's skills as an effective and able representative of the City to be commended, but also the selfless devotion of her own time to this demanding and often thankless effort on behalf of the public. NOW, THEREFORE, BE IT RESOLVED that the Morro Bay City Council extends its best wishes to Ardis Schroeder for her contribution to local government and thanks for her services to our fair City.. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held thereof,on January 24, 1983 by the following roll call vote: AYES: Anderson, Lemons, Risley, Zeuschner, Shelton NOES: None ABSENT: None ATTEST: pa'a , PAUL BAXTER, CITY CLERK 4 RESOLUTION NO, r 15-83 } A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY,COMMENDING JUNE CUNNINGHAM FOR HER SERVICE TO 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, June Cunningham has served the City of Morro Bay as a Planning Commissioner from November 3, 1980 to January 17, 1983; and WHEREAS, during this time June Cunningham dealt capably and fairly with. both members of the public and staff in resolving planning problems that faced the. City of Morro Bay, and was active in numerous important planning programs aimed at the betterment of the City; and WHEREAS, not only are June Cunningham's skills as effective and able representative of the City to be commended, but also the selfless devotion of her own time to this demanding and often thankless effort on behalf of the public. NOW, THEREFORE BE IT RESOLVED that the Morro Bay City Council extends its best wishes to June Cunningham for her contributions to local government and thanks her for her services to our fair City. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held thereof on January 24, 1983 by the following roll call vote: AYES: Anderson, Lemons, Risley, Zeuschner, Shelton NOES: None ABSENT: None ATTEST: PAUL BAXTER, CITY CLERK AGENDANO. �' 9 Da�e_�-Z4 Action RESOLUTION NO. 14-83 A RESOLUTION OF THE CITY COUNCIL_ OF THE CITY OF MORRO BAY COMMENDING BRUCE ELSTER FOR HIS SERVICE TO THE CITY OF MORRO BAY -AS A PLANNING COMMISSIONER T H E C I T Y C O U N C I L City of Morro Bay, California WHEREAS, Bruce Elster has served the City of Morro Bay as a Planning Commissioner from February 6,.1979 to January 17, 1983 and as Chairman of the Planning Commission from January 7, 1980 to January 18, 1982; and WHEREAS,. during that time Bruce Elster was an active member of the Planning Commission dealing fairly both with public and staff for the better- ment of our City; and, WHEREAS, not only are Bruce Elster's skills as a Planning Commissioner and community leader and able representative of the City are to be commended, but also the selfless devotion of his own time to this demanding and often thankless effort on behalf of the public. NOW, THEREFORE BE IT RESOLVED that the Morro Bay City Council extends its best wishes to Bruce Elster for his contribution to localgovernment and thanks him for his service to our fair City. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held thereof on January 24, 1983 by the following roll call vote: AYES: Anderson, Lemons, Risley, Zeuschner, Shelton NOES: None ABSENT: None 4EGE;IIR. SHER ,MAYOR ATTEST: ll Q! t X I PAUL AITAXXTER, CITY CLERK RESOLUTION NO. 13-83 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY COMMENDING THE•RETIREMENT OF ADRIAN CHARL.ES SMITH FROM SERVICE TO THE PACIFIC GAS AND ELECTRIC -COMPANY T H E C I T Y C O U N C I L City of Morro Bay, California I.T.EREAS, Adrian Charles Smith, more commonly known as "Ace" Smith, has served the Pacific Gas and Electric Company for forty years; and WHEREAS, during that period of time, Ace had worked in Morro Bay as well as in the adjacent Central Coast area; and WHEREAS, Mr. Smith was instrumental in assisting the City of Morro in obtaining consent for the use of P.G.&.E.. property and development of that property into Lila Keiser Park; and WHEREAS, Mr. Smith through his association with P.G.&.E. has assisted the City with other recreation programs that have enhanced the quality of life for Morro Bay and County residents; and WHEREAS, in addition to assisting with Morro Bay activities, Mr. Smith has been involved in many other County wide organizations such as the San Luis Obispo Civic and Fine Arts Association., San Luis Obispo Rotary International, Folk Dance Federation of California, the San Luis Obispo County Executive Club, and the San Luis Obispo Farm Bureau; and WHEREAS, Mr. Smith is to be commended for his many fine efforts in achieving a better place to live for local citizens, NOW, THEREFORE BE IT RESOLVED, that the Morro Bay City Council extends its best wishes to Adrian Charles Smith for his contributions to the City of Morro Bay and thanks him for his capable service and that this appreciation be extended to him in the form of this Resolution. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held thereof on the loth day of January, 1983, by the following roll call vote: AYES: Anderson, Lemons, Risley, Zeuschner, Shelton NOES: None ABSENT: None � � l :r ATTEST: PAUL BAXTER, CITY CLERK ENE R. SHELTON, MAYOR RESOLUTION NO. 12-83 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY APPOINTING BYRON W. ANDERSON AS CITY ENGINEER THE CITY COUNCIL City of Morro Bay, California WHEREAS, John M. Bressan was appointed by the City Council of the City of Morro Bay as City Engineer on March 16, 1981; and WHEREAS, John M. Bressan has resigned as City Engineer effective January 14, 1983; and WHEREAS, the City Council did, by motion at an adjourned special meeting held January 11, 1983, appoint Byron W. Anderson to the position of City Engineer; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay that Byron W. Anderson be and is hereby appointed to the position of City Engineer for the City of Morro Bay effective January 17, 1983. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a special meeting held thereof on the llth day of January 1983, by the following roll call vote: AYES: Lemons, Risley, Zeuschner, Shelton NOES: None ABSENT: Anderson E�PM R. SHELTON—,-KIAYOR ATTEST: PEGC HANAN, DEPUTY CITY CLERK RESOLUTION NO. 11-83 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY DESIGNATING PAUL BAXTER CITY ADMINISTRATOR FOR THE CITY OF MORRO BAY AS PROJECT MANAGER AND GRANTEE REVIEWER FOR THE ENVIRONMENTAL PROTECTION AGENCY CLEAN WATER GRANT FOR THE IMPROVEMENT TO THE MORRO BAY CAYUCOS WASTEWATER TREATMENT FACILITES THE CITY COUNCIL City of Morro Bay, California WHEREAS, the City of Morro Bay is the recipient of an Environmental Protection Agency Clean Water Grant; and WHEREAS, the requirements of said grant require that the City designate a person to be responsible for that grant; and WHEREAS, John M. Bressan, Director of Public Works and Project Manager for this grant has resigned effective January 14, 1983; and WHEREAS, in the interim period of time a Project Manager will need to be selected to meet the requirements of the above grant; NOW, THEREFORE, be it resolved by the City Council of the City of Morro Bay that Paul Baxter, City Administrator for the City of Morro Bay, be hereby.appointed as the Project Manager and Grantee Reviewer for the Environmental Protection Agency Clean Water Grant, and that he be hereby authorized to sign all documents within the scope of that position on behalf of the City of Morro Bay inasmuch as they pertain to the Clean Water Grant. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a Special Meeting held thereof on the llth day of January, 1983, by the following roll call vote: AYES: Lemons, Risley, Zeuschner, Shelton NOES: None ABSENT: Anderson ATTEST: A / / IMIA „ - RESOLUTION NO. 10-83 A RESOLUTION APPROVING A PROPOSED AMENDMENT TO THE GENERAL PLAN LAND USE ELEMENT AND TO THE COASTAL LAND USE PLAN CHANGING THE DESIGNATION OF CERTAIN AREAS NORTH OF BEACH STREET FROM SERVICE COMMERCIAL TO MEDIUM DENSITY RESIDENTIAL T H E C I T Y C O U N C I L City of Morro Bay, California WHEREAS, the California Government Code in Title 7, Chapter 3, Article 6, sets forth the procedures for consideration of amendments to City general plans; and WHEREAS, the California Public Resources Code in Division 20, Chapter 6, sets forth procedures for considering amendments to certified coastal land use plans; and WHEREAS, the City of Morro Bay Planning Commission did hold duly noticed PUBLIC HEARINGS on the subject of changing the designation in the General Plan Land Use Element and Coastal Land Use Plan from Service Commercial to Medium Density Residential for certain properties generally located north of Beach Street and more specifically described as Assessor Parcel Nos. 66-034-01, 02, 04, 05 and 09 (east portion); 66-034-11, 13 and 14; and 66-331-21 and 22; and WHEREAS, after said public hearings the Planning Commission did recommend to the City Council such changes to the General Plan Land Use Element and Coastal Land Use Plan; and WHEREAS, the City Council of the City of Morro Bay has held a duly noticed PUBLIC HEARING on this matter; and WHEREAS, the City Council has found that the orderly growth and physical development of the community would be better served by the proposed amendments; and WHEREAS, the City Council has found that the proposed amendments would meet the intent of the California Coastal Act and would better protect and enhance valuable coastal resources; NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Morro Bay does hereby approve a proposed amendment to the General Plan Land Use Element and to the Coastal Land Use Plan changing the designation from Service Commercial to Medium Density Residential on properties generally located north of Beach Street along the bluff and north of Surf Street, west of the Veterans Hall and more particularly described herein, and depicted on Exhibit "A" attached hereton. BE IT FURTHER RESOLVED, that this proposed Coastal Land Use Plan amendment be submitted to the California Coastal Commission for certification. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held on the tenth day of January, 1983, by the following roll call vote: AYES: Anderson, Lemons, Risley, NOES: None ABSENT: None ATTEST:, Zeuschner, Shelton UGENE R. SHE^ ON, Mayor PAUL BAXTER, City Clerk EXHIBIT 'A' Properties located on the west side of West Street between Beach and Surf, more particularly described as Assessor's Parcel Nos. 66-034-01, 02, 04, 05 & 09 (east portion); and 66-034-11, 13 and 14: Ali- RM2-52 N:N � 1 • a` e ±OO...GIJOJ4 ar y\ Am 1 BEACH .+'..ri• �\t tni .•' 18 v n'hr'e _ 8 023136 s33 J21" >' i1 05I16 +1V ] 62 .Z1%.2• f35 � 26I]9 --I-- 4i > e 29 .0t1 a a ... r 36 36 N , '29J2143 _n j JJ 9• 10 (F'mly 8'h) S7 Properties located on the north side of Surf Street lying west of the Veteran's Hall, more particularly described as Assessor's Parcel Nos. 66-331-21 & 22; I 1 .NSSeSSM< i j 30 t % \v r P � � i / � (• Z 1�00° AREA v \ M, i MAP OZ Sure2P�/3.N, i �� Q0 o \ //3 0 . Fne 7PIsAQEA — s�QFFT'/S w N CITY OF MORRO BAY SEE BLOW LIP AT LEFT, O3 i'03 . OF MORRO BAY E V/C/N/ % V 6 10 RESOLUTION NO. 09-83 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY APPROVING ASSIGNMENT OF LEASE SITES 50 AND 50W FROM ARTHUR R. FRY TO A.D. CONSTRUCTION (REGGIE WHIBLEY AND J. EDWARD STRASSER) THE CITY COUNCIL City of Morro Bay, California WHEREAS, a request has been made to transfer the leasehold interest in Lease Sites 50 and 50W from Arthur R. Fry, deceased, to A.D. Construction (a general partnership of Reggie Whibley and J. Edward Strasser); 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 Arthur R. Fry to A.D. Construction (a general partner- ship of Reggie Whibley and J. Edward Strasser) of the leasehold interest in Lease Sites 50 and 50W; and 2. A copy of the Assignment of Lease and Assumption Agreement is to be made a part of this Resolution; and 3. This assignment shall become effective upon receipt by the City of the executed Assignment of Lease and Assumption Agreement. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held thereof on this loth day of January 1983, by the following roll call vote: AYES: Anderson, Lemons, Risley, Zeuschner, Shelton NOES: None ABSENT: None ATTEST: PEGV6BYCIIANAN, DEPUTY CITY CLERK RESOLUTION NO. 08-83 RESOLUTION APPROVING TASK ORDER NO. 2 FOR STEP 3 OFFICE ENGINEERING SERVICES WITH THE FIRM.OF BROWN AND CALDWELL FOR CONSTRUCTION OF THE IMPROVEMENTS TO THE MORRO BAY/CAYUCOS WASTEWATER TREATMENT PLANT 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 been awarded a Step 3 Construction Grant from the Environmental Protection Agency for the Construction of a Wastewater Treatment Facility; and WHEREAS, the City has previously entered into an agreement with the firm of Brown and Caldwell for providing Step 3 Office Engineering Services under a system of task orders; and WHEREAS, Task Order No. 1 has been completed in the Construction of the Ocean Outfall portion of the project; and WHEREAS, Task Order No. 2 is required to provide Office Engineering Services for approximately five (5) months beginning on or before February 1, 1983. NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Morro Bay hereby approves Task Order No. 2 for Step 3 Office Engineering Services with the firm of Brown and Caldwell for Construction of the Improvements to the Morro Bay/Cayucos Wastewater Treatment Plant for the amount of $41,567. FURTHER BE IT RESOLVED that the City Council hereby authorizes the Director of Public Works to issue the Authorization to Proceed on Task Order No. 2 for Step 3 Office Engineering Services for the Construction of the Improvements to the Morro Bay/Cayucos Wastewater Treatment Plant. All authorizations and approvals, by the City, are contingent upon approval of Task Order No. 2 by the State Water Resources Control Board acting on behalf of the Environmental Protection Agency. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held on the loth day of 'January, 1983, by the following roll call vote: AYES: Anderson, Lemons, Risley, Zeuschner, Shelton NOES: None ABSENT: None EU E R. SHELTON, Mayor ATTEST: Q=Dwvkx� PAUL BAXTER, City Clerk =V— BROWN ANOCALBL?a�LL . D H.T`.���:�EPE P;,;.M E:. F. MLSCHE. PE E, Vice Prh CONSULTING ENGINEERS - A L H WOSD. PE V.0 P.rs December 29, 1982 jAl" - - CRY OF MORRO DAY p;oarh--at of Pub4 Via& Mr. John M. Bressan Director of Public Services City of Morro Bay 695 Harbor Street Morro Bay,.California 93442 012-1166-0/2 Subject: Step 3 Office Engineering Services for Construction of Improvements to Morro Bay- Cayucos Wastewater Treatment Plant Dear Mr. Bressan: Enclosed for the City's review and approval are three copies of each of the following documents: 1. Proposed Task Order No. 2 to be authorized by the City under our Master Agreement for the subject office engineering services, dated January 27, 1982. 2. Executed U.S. Environmental Protection Agency (USEPA) Form 5700-41, dated December 29, 1982, describing the level of effort and compensation proposed for Task Order No. 2. 3. Record of our negotiation for the proposed Task Order No. 2. These documents have been revised in accordance with our discussions on December 2, and 29, 1982. Please note that in the support documents for proposed level of effort and compensation previously submitted to the City, the estimated travel and subsistence cost was erroneously shown to be $1,515; It has now been corrected to be $1,235. Hence, the proposed cost ceiling should be $36,294 rather BROWN AND CALDWELL 150 SOUTH ARROYO PARKWAY, BIN 83. ARROYO ANNEX, PASADENA, CA 91109 (213) 577-1020 ATLANTA DALLAS-FT. WORTH DENVER : EUGENE. PASADENA SACRAYENTO- SEATTLE"TUCSON l WALNUTCREEK WESTWOOD `jgjr. John 14. Bressan December 29; 1982 Page two .40 than the $36,574 as shown previously, and the proposed fixed professional fee should be $5,273 rather than the $5,290 as we have discussed. If you should need any further information, please call Mr. Louis Yu of our office. Yours very truly, BROWN AND CALDWELL A J.nn Har. ford Vic President_ JLH:bb Enclosures (3) BROWN AND CALDWELL 150 SOUTH ARROYO PARKWAY, BIN 83, ARROYO ANNEX, PASADENA, CA 91109 (213) 577-1020 ATLANTA _; DALLAS-FT. WORTH 0 EUGENE C PASADENA C SACRAMENTO 0 SEATTLE C; TUCSON C WALNUT CREEK u WEESTWOOD AUTHORIZATION TO PROCEED ON TASK ORDER NO. 2 FOR STEP 3 OFFICE ENGINEERING SERVICES _ CONSTRUCTION OF THE IMPROV"r1�1ENTS TO THE f-MORRO BAY-C_Z�YUCOS WASTEWATER TREATMENT PLANT I. Reference In -accordance with the Master Agreement for Step 3 Offic e Engineering Services between the City of Morro Bay and Brown and Caldwell, dated January 27, 1982, (hereinafter referred to as "Master Agreement"), Engineer is hereby authorized to proceed with that portion of' the Planned Engineering Services as herein- after set forth. II. Scope of Services Engineering services authorized under this Task Order includes that portion of the Planned Engineering Services as required for the construction of the Improvements to the Morro Bay- Cayucos Wastewater Treatment Plant (1-51TP). Specifically, the work to be performed under this task order shall be Task .1 and portion of Task 2, as defined in Paragraph B.1., Exhibit A of the Master Agreement and as listed below: Task 1 - Management Task 2 - Office Engineering Services, including Items a through e only. Only a portion of each of these work tasks will be performed under this task order for the construction of the Improvements to the Morro Bay-Cayucos 6,AITP. It is expected that the remaining portion of these work tasks will be performed under City's authorization in task.orders subsequent to this task order. III. Time of Commencement and Completion In accordance with Article II of the Master Agreement, the services authorized under this task order shall commence on the effective date of this task order and shall continue through June 30, 1983. 0 In accordance with. Article III, of the Master the compensation for services authorized under -his �Ldsi Or.:er shall be as defined in Exhibit B of the :`_aster agree ent and as set forth in the following schedule: a 3 Office rove-nerts. rndineering Services for Construction of 'the o the morro Bay-Cayucos :v..rTP Tasks-1 and.2 (Exhibit A, Paragraph B.l. of '".aster Agreement) Basis of compensation Cost reimbursement Estimated cost ceiling: $36,294 Fixed professional fee: $ 5,273 Portion of fixed professional 1/ S fee, -payable monthly Commencing with this task order, the interim billing m overhead rate for cost reimbursement (CPFF) services shall be 1.63. This rate shall be effective for all future task orders unless otherwise modified. V. Personnel and Facilities to Acccmolish.Services The services to be provided for by this task order shall be under the technical administration of the Engineer's Project Manager as set forth in Article IX of the Master Agreement: These services will be provided in accordance with the cost summaries described in the fully executed USEPA 5700-41 forms under Grant Number C-06-0914-110 for Step 3 Office Encineering Services for construction of the Improvements to the 21,orro Bay-Cayucos IvWTP, dated December 29, 1982. VI Effective Date of This Authorization This authorization is effective on the date it is executed' by the City. BROWN AND CALDWELL or, CITY OF MIORRO BAY By John M. Bressan Director of Public Services Date f 41C.- SU.YNARY FOB'AAi FOR SU6AGREEMENTS P• UNDER U.S_ EPA GRANTS Form App. oved t ST pR f7t^..^^.4 aCt•C (:DOS Wore CO?pt@(1-� :f((S form) (7a1B IiO. �.r)a-f�l. 0t i¢ .;C (Sae BGCOt: y^^.: PARTI-GEHcRaI .. 2. GRANT NUM 3ER. .GRAmTLN City of Morro Bay C-06-0914-110 OF C09TR AC TOR OR SUBCONTRA:TOR • 6. DATE OF PROPOSAL 3, NAME Caldwell December 291 1982 Brown and 3. ADDRESS OF CONTRACTOR OR SU 3CON TRACTOR (lneludr ZIP cod.) 6. TYPE OF SERVICE TO DE FURNISNEO Master Agreement :or Step 3 150 South Arroyo Parkway Office Engineering. Services-- P.O.-Box 71-03 Task Order No. 2, Tasks 1 &.2. Pasadenaj:,California 91109 - Improvements to Morro Bay- .. _ Cayucos WWTP . PART 11-COST SUMMARY E5T1- MA EO HOURLY ESTIMATED 7. DIRECT LABOR (Sp�e1y I-6er uuQeri��) RATE CATALOG LISTLNGS. N-P (ladie•u a••i• for yric ESTIMATES, PRIOR QUOTES a. MARKET PLi. E(S) PROPOSED PRICE T IV•CERTIFICATICN S tA- CONTRACTOR t 6•, HAS A FEDERAL AGENCY OR A FEDERALLY CERTIFIED STATE OR LOCAL AGENCY PERFORMED ANY REVIEW OP YOUR ACCOUNTS OR RECORDS IN CONNECTION -WITH ANY OTHER FE CERAL GRANT OR CONTRACT WITHIN THE PAST TWELVE MONTHS? YES Q NO C!! "yu•• p(•• n• Add,••• and Wopflan0 =Ib•F of I.Vi. ina olnc•) Environmental Protection Agency, O�fice Audit. 215 Freemont.,Street San Francisco, CA 94105 Mr. Truman Beeler (415) 445-1954 ;4b,THIS SUMMARY CONFORMS WITH THE FOLLOWING COST PRINCIPLES 41 CFR 1=15.1, 1-15.2, 1-15.4; 40 CFR 35 r•a-..r� p,-gl rPrtnoci-. . This proposal is submitted for use in connection with and in response to (t)y dated November 11, 1932 This is to certify to the best'of my knowledge and belief that the cost and pricing data summarized herein are complete, current, and accurate as of (��; December 29, 1982 and that a financial management capability exists to fully and accu- ions under this project. I farther certify that I understand that the :atelyaccount for the unandaL transact subagreemeW p ice.may be subject to downward renegotiation and/or :ecoupr,.ent where the above cost and pricing data have been determined, as a result of audit, not to ha. e been comPlete, current and accurate as of the date above. (3) December 29, 1982 S�GdATURE OF PROPOSER DATE OF EXECUTION J /Lynn Hartford Vice President TITLE OF PROPOSER 14. GPANTEE REVIEWER ary set forth herein and the proposed costs/price appear I certify that I have reviewed the cost/price sum, acceptable for snbagreernent award. , SIGNATURE Or REVIEncR ' OA•TE OF EXECUTION TITLE OF REVIEWER 15. EPA REVIEWER (II ayyllcable) . SIGNATURE OF REVIEWER DATE OF EXECUTION TITLE OF RE`/I E'n ER PAGE 3 OF S E?A Fe,, 5700.41 (2.75) �I • ATTACHMENT. A • tail ' The following is submitted to support Item 7 of EPA Form.5700-41. A. Method of Estimating Manhours . Each element or task associated with the project is defined and. a complete scope of work is established. An.. evaluation. of factors pecu- liar to the particular task is made, including but not limited to the following; degree of complexity, amount of independent research or study required, availability .of information on similar work, amount of. time available for completion, level of personnel required for work and supervision, required data gathering, special equipment or procedures required, level of subcontract coordination and review, required consul- tations and meetings, necessary regulatory review, special. hazards or risks, and nature of required final product. Based upon a review of = these factors and previous experience with similar tasks, the number of manhours are -estimated for each applicable labor category. b. computation Technique Proposed labor rates are determined by taking actual salaries at the regular time rate for the average step level in each labor category. Labor rates for principals (defined as professional engineers assigned to the corporate staff) reflect actual rates paid. It is Brown and Caldwell's normal practice to charge time of principals to all jobs based on the time that principals are engaged directly in the perfo ,,ance of work on the jobs. The rate of compensation for principals does not include a distribution of profits. c. Sources of Information Proposed manhours are developed using job files and cost records on jobs of a similar nature. State and federal guidelines on task level - of -effort are used when available and applicable. Estimates and pro- posals from outside consultants and subcontractors are used as reference data when appropriate. Labor rates are developed annually by corporate management with reference made to historical wage schedules, statisti- cal reports on local and national wages paid to similar employee. categories, and local and national cost of living indices. d. Detailed Rate Computations Detailed computations indicated in Tables A-1, A-2 and A-3 are attached as supporting data for the total direct labor costs indicated in item 7. 72=,. A-1 DWRIPTI ICNI C--- TASK'S No Task desa 1 management 2 lOffice Engineering Service a For complete task description, refer to Exhibit A of Master Agreement and Task Order No. 2., OF EFFORT SC:_%IARy Nlxzti-e- of hours Task No.a 1 2 I Total Professional Chief Engineer 8 16 V{ 24 managing Engineer Supervising Engineer Prin cipal'.Engineer 8 80 80 I I I I I I 8 160 Senior Engineer - 80 I I I'' 80 Engineer Associate Engineer 264 ( ( 264 Assistant.Engineer I I Engineering Aid Subtotal -I I 96 440 I ( I I I I i I 536 Tech1-licai Tec'nical Services Mcr. Chief of Dra"s.man Suoe-visiinc Draftsman I I I I 4 Lead Draftsman Senior Draftsman I I I I Draftsman I I Assistant Draftsman I I ( I Draftsman Trainee -- Subtotal Clerical Sucer✓isinc Typist 24 56 i 80 Typist T_V Typist IIIL-+ I I I I ! T_✓gist II I T'ip15t T I jI 1 I Subtotal 124 56 I I I I I 80 a=o- cc-;Pl=te task description refer to Exhibit A of Master Agreement and Task Order No. 2. DIRECT. LA30.1 ��s.. Esc,•,<<�� sL;fi�,La_;f I: Labor category Number of hours Direct labcr cost, dollars Foua-ly rate" Cost Professional Chief -Engineer 24 27.62 663 Mana^L*rg Engineer Suoervisir. Engineer a Princinal EncLneer Senior En ineer. 80 I a e En^ineer ' a Associate Engineer Assistant E,-:gineer I I Engineerirrg Aide I i Subtotal 536 I 10 ,10 4 Technical Technical SerIiceS Manager Chief Draftsman Suoervisinq Draftsman Lead Draftsman Senior Dra tsman man —Drafts Assistant Draftsman Draftsman Trainee Subtotal Clerical Suoerr_sinc Tvoist 80 11.34 907 Tvaist IV Twist III TVDist II TvDist T Subtotal I 80 ` I 907 Total I 616 11 , 011 "Average hourly rate based on FY 1982/83. _ T .� „1 t` _path a cOr? te.:=de eccount _ect cos-5 a-e zc _.,.:.__, d t � e contrac-. Inc_-c �= cans 97SteR t::at allows CJst -0 De Ca�eGCr:Z-^a C..••�-^te''C d1 - COSt pr* nClC les aI1C C ocadures oUtllneC 13 tie : aceral 41 par=, 1_15. Dro'Jl54c, indirect COSL rates ror �egulatior.s, p.rori= plaa Ln 82 and 9/33 are based upon cur Labor raters fatal years ending 9/ =_n�� conjunction with act_al year-to-date cti_ -d ers s. - i,.eers ass_cned to the for principals (defined as. proress-oval elg It i s 3rcwn zed Caldwell.'s corporate staff) reflect actual rites oa jobs based on the �; or orinc_pals to all normal 'practice to cnarge e �1< the perfo^a*.ce of wort cii time that pri nc'i _Pals are enraged d_r c iv _n - The rate 0f comoensation for orinclpals does not -include a he jobs. i 1_imlted t0 the bi i l:i;lg rate ror C.'ll=- distribution of, pror;ts and 5 .. . engineer. _xL D:v�LLINDIRECT COSTS BRCW_N %-ND C Costs, as a amerce^t of di~ec` =abc- _Y ending 9/83 -•ovisi anal Fringe benefits 8.,5 payroll taxes 8.0 Retirement benefits 3.0 Bonus plan nerd Group insurance nwor!cmea's 4 5 ccmpenszti0n 11.0 Vacation, :zoliday and sick leave 35.0 Total* r_-c -ine benefi-s Ger_era'- and adminis"rative over eat 50.0 Indirect salaries alp_;� on ind_rec- s_____-s 16.0 1-7.0 Fr;nce benefits Blll icing$ and eQl;nment 9.0 Tzcas, licenses and insurance 6.0 professicnal sere' -cos 9.0 d s^sistence Travel an ,, 14.0 $upp l_es 10.0 Other 130.0 and zdministrative cver:ead Total general 165.0 Total indirect costs ATTACHMENT U Q* D "ECT COSTS l=e n 9a, Travel ::rans tat 6 trips at 450 miles/trip at $0.25/mile 450 x 6 x $0.25 = $675 (2) Per -diem (Subsist" Ce) 2'meetings with 2 engineers at $70 per engineer per meeting_ $280 4 meetings.with 1 engineer at $70 per meeting _ $280 Sun�ctal $ 1,235 SLc 1_es _i_1 Telephone @ $40 per month x 6 months = $240 postage @ $40 per month x 6 month = $240 (2) �onYod c ian Xerox 1,000 pages x $0.25 per page = $250 Bluelines 100 sheets x $1.50 per sheet = $150 9c, sul:_cntracts Architectural Subconsultant = $5,000 cubtcta? .$ 880 Su- 'to t_1 $ 5 , 0 00 TCT?� $7,115 BROWN A14D CALDYELL FOR TASK OR NO. 2 FOR OFFICE ENGINEItNG SERVICES DURING CONSTRUCTION OE' IMPROVEMENTS TO THE,MOP_7ZO BAY-CAYUCOS WASTEWATER TREATMENT PLANT DECEMBER 29, 1982 IAs requested by. the. City of Morro Bay, Brown and Caldwell prepared a_proposed Task Order No. 2 for the Office Engineering Services during construction of the Improvements to the Morro Bay-Cayucos Wastewater Treatment Plant. Negotiation bethe City -and Brown -and Caldwell for this task order was conducted during.a meeting on December 2, 1982, and completed during a'. telephone conversation on December 29, 1982. A summary of the negotiation is presented in the following paragraphs. Meeting of December 2, 1982- This meeting was'attended by Mr. John Bressan of the .City of Morro Bay and Messrs. Lynn Hartford and Louis Yu of Brown and Caldwell. A copy of the proposed Task Order No. 2 and a. copy of the documents -describing the level of effort and compensation proposed for Task Order No. 2 were submitted to Mr. Bressan. The text of the proposed Task Order No. 2 and the scone of work to be performed under this task order were discussed. Becaus.e there was not enough time this day to complete the discussion, it was agreed that the negotiation be continued at a later date. - Discussion By Telephone on December 29, 1982 The negotiation continued today by telephone. Messrs. John Bressan, Lynn Hartford and Louis Yu participated in the discussion. Items discussed were as follows: 1. As it.was anticipated that this task order would not be approved until the latter part of January 1983, Mr. Hartford proposed that the wordings "approximately 6 months" be deleted from Article III of the proposed Task Order No. 2. Mr. Bressan agreed. 2. Because Brown and Caldwell's overhead billing rate for fiscal year 1982/83 had been projected to be 1.65 while an interim overhead billing rate of 1.50 was specified in the Master Agreement, it was agreed that a statement be inserted into Article IV of Task Order No. 2 to update this overhead billing rate to 1.65. J`urdof Nego ,qe two 3. The proposed level of effort for Task order No.. 2 was discussed. Mr. Yu. explained that a significant portion of the proposed effort was for review of submittals by contractor. Brown and Caldwell anticipated that there would be approximately 194 pieces of submittals for the entire project and on the average two reviews would be required for each submittal. About one -quarter of these submittals would be reviewed under Task Order No. 2. Other portions of the proposed level of effort would be for project management, clarification of plans and specifications,' coordination with the project construction manager and.a certain amount of possible change under .development. Assistance of Brown and Caldwell's architectural subconsultant would also be required for review.of architectural submittals and matters related to the architectural design of the project. 4. The proposed fixed professional fee was discussed. Mr. Bressan desired that the proposed $6,583 be reduced to the following: 20 percent of direct labor cost, 14 percent of indirect cost, 6 percent of other direct cost, and 8 percent of subconsultant cost Brown and Caldwell agreed to these bases. 5. Mr. Bressan reminded Messrs. Hartford and Yu that since Brown and Caldwell would be a partner of the construction manager joint venture, particular care should be exercised to accurately distinguish the charges by Brown and Caldwell personnel to the office engineering services from those to the construction management services. 6. Mr. Bressan brought up the subject of assistance by Brown and Caldwell for preparation of an initial plan for operation of the wastewater treatment plant as required by State Water Resources Control Board (SWRCB). He further indicated that he would be meeting with SWRCB representatives on 3anuary 7, 1982, regarding this matter. Mr. Hartford suggested that Brown and Caldwell could provide the Citv with a proposal for this assistance as a special engineering service after Mr. Bressan had met with SWRCB. of Negotiation . 9e three . 7, The proposed Task Order No. 2 should be revised in accordance with this discussion. The revised document, together 'with the required Enviror_fc.ental Protection Agency Form 5700-41 form, should be sub-Mitted to the City prior to January 5, 1982. mary of 'The above represents an accurate and complete s ur, vices - negotiation for Task Order No. 2 for Office Engineering during' construction of the Dlorro BayCa ucos wastewater Treatment. Plant. FOR CITY OF PIORRO BAY FOR BROL'JN AND CALDwELL I �1 By6,- By ✓/ J. Lynn Pattro John M. Bressan J ce President Director of Public Services _... _.. .. _..- ...•+n vu�,v btiUHA%IENTO- SEATTLE TUCSON.: WALNUT CREEK' WESTWOOD RESOLUTION NO. 07=83 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY SUPPORTING PUBLIC EMPLOYEES APPRECIATION DAY THE CITY COUNCIL City of Morro Bay, California WHEREAS, Federal legislation has been sponsored which would designate January 17, 1983, as "Public Employees Appreciation Day"; and WHEREAS, this legislation has passed the United States Senate and.is scheduled for the House of Representatives consider- ation; and WHEREAS, the proposal is in recognition of the hundreth anniversary of the Civil Service Act and cites contributions to American society made by public employees; and WHEREAS, the legislation would be part of the public education campaign designed to improve the perception and public image of government employees; and WHEREAS, the Morro Bay City Council recognizes the value and effort public employees make locally at the City of Morro Bay as well as County, State and Federal levels; NOW, THEREFORE, BE IT RESOLVED, that the City of Morro Bay does support the concept of "Public Employees Appreciation Day" and would request the Federal government to do so by adoption of appropriate legislation. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held thereof on the loth day of January, 1983 by the following roll call vote: AYES: Anderson, Lemons, Risley, Zeuschner, Shelton NOES: None ABSENT: None R. SHELTON, M Y ATTEST: e,"CHANAN, DEPUTY CITY CLERK 16 i RESOLUTION NO. 06-83 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY URGING THE STATE LEGISLATURE TO MAKE LOCAL REVENUE DEFICIENCIES THE HIGHEST PRIORITY IN THE NEXT SESSION THE CITY COUNCIL City of Morro Bay, California WHEREAS, the State of California is in serious financial condition because of the state of the economy; and WHEREAS, because of that condition the State has chosen to impact local revenue sources which has approached a reverse bailout situation for local government; and WHEREAS, currently there does not seem to be any end to the financial slump or the State's need for additional revenues to meet their own shortfall; and WHEREAS, through the League of California Cities all cities are requesting that the State through long range planning, settle the revenue questions for cities, counties, schools, and special districts so that the local governments and schools can have a predictable revenue source without being impacted by the variances in the State budget. BE IT THEREFORE RESOLVED, that the City Council of the City of Morro Bay requests that the Governor and State Legislature place on a priority list the resolution of local government financing as well financing for counties, school districts, and special districts, and that such resolution allow State and local government to more accurately predict and control their financial destiny. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held thereof on the loth day of January, 1983, by the following roll call vote: AYES: Anderson, Lemons, Risley, Zeuschner, Shelton NOES: None ABSENT: None U S EL , MAYO ATTEST: PEGG HANAN�YCITY CLERK RESOLUTION NO. 05-83 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY TO CAL TRANS, REQUESTING PLACEMENT OF A STOPLIGHT AT THE INTERSECTION OF HIGHWAY 1 AND YERBA BUENA THE CITY COUNCIL City of Morro Bay, California WHEREAS, local citizens have petitioned to the City Council for assistance in traffic hazards and crossings at Highway 1 and Yerba Buena; and WHEREAS, the Morro Bay City Council agrees that enjoyment of our area will be enhanced through the addition of appropriate markings, lights or signs on Highway 1 at Yerba Buena; and WHEREAS, it is the desire of the Morro Bay City Council to make . beach access at Highway 1 and Yerba Buena safer by planning for and inclusion of a safer crossing; and WHEREAS, the Morro Bay City Council agrees that the City will pay for the share for planning, designing and construction of such crossings, at approximately $60,000; and WHEREAS, such expenditures will be in the best public interest for local citizens as well as visitors to our community; NOW, THEREFORE, BE IT RESOLVED that the Morro Bay City Council requests that the State of California through Cal Trans receive this request for establishment of a safe crossing at the intersection of Hghway 1 and Yerba Buena by the addition of appropriate markings and lights, and that the State participate with the City in the financing of such improvements. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held thereof on the loth day of January, 1983, by the following roll call vote: AYES: Anderson, Lemons, Risley, Zeuschner, Shelton NOES: None ABSENT: None G R. S LT �, MAYOR ATTEST: PEG H NAA NDEPUTY LERK • • RESOLUTION NO. 04-83 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY SUPPORTING A CONGRESSIONAL RESOLUTION REGARDING,NATURAL GAS PRICES THE CITY COUNCIL City of Morro Bay, California WHEREAS, on December 13, 1982, representative Julian Dixon ' introduced HJ Resolution 632, which offers a promising approach to limiting the major share of rapid increases in the price which consumers must pay for natural gas; and WHEREAS, this Resolution, if passed, would call on the Federal Energy Regulatory Commission to take steps to assure that high -cost natural gas is no longer forced on gas distribution utilities and their customers; and WHEREAS, Representative Dixon's legislation wouldlprotect gas consumers by giving gas distribution utilities the power to say "NO" to future purchases of high -cost gas; and WHEREAS, the Morro Bay City Council agrees with the intent of Representative Dixon's Resolution and would like to go on record in support of ameliorating the recent high costs. of natural gas; THEREFORE, BE IT RESOLVED that the Morro Bay City Council does endorse and support Representative Julian Dixon's legislation as submitted. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held thereof on the loth day of January, 1983, by the following roll call vote: AYES: Anderson, Lemons, Risley, Zeuschner, Shelton NOES: None ABSENT: None EUG R. SHELTO , Y ATTEST: 11. "LAMA/1 RESOLUTION NO. 03-83 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY REQUESTING GRANT FUNDS FROM THE CALIFORNIA COASTAL COMMISSION FOR PREPARING POST -CERTIFICATION PERMIT PROCEDURES AND RELATED MATERIALS THE CITY COUNCIL City of Morro Bay, California WHEREAS, the City of Morro Bay recognizes that revised procedures, as well as revised maps, applications and notice forms will be required to assume coastal permit authority after the Local Coastal Program is certified; and WHEREAS, the California Coastal Commission, under authority of the California Government Code, may provide planning and financial assistance for the preparation of such procedures and related materials, NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Morro Bay hereby requests the Coastal Commission to provide planning and financial assistance in the amount of $2,778.00. Such assistance is more fully described in the grant application and work program that is attached hereto and made part of this resolution by this reference. BE IT FURTHER RESOLVED, that the City Administrator of the City of Morro Bay is hereby authorized and empowered to execute in the name of the City of Morro Bay all necessary applications, contracts and agreements, and amendments thereto, to carry out the purposes of this resolution. PASSED AND ADOPTED by the City Council of the City of Morro Bay at their regular meeting held thereof on the loth day of January, 1983, by the following roll call vote: AYES: Anderson, Lemons, Risley, Zeuschner, Shelton NOES: None ABSENT: None ATTEST(: PAUL BAXTER, Lity Administrator . v Rev. 11/80 •'..LOCAL COASTAL PROGP.A11 APPLICATiON.FOR FNDIMG .TOTAL WORK. PROGRAM ;lame of Apolicant: CITY OF MORRO BAY Project Director: Murrel Crump Title: Plann ing Director . Address: 595 Harbor Street, Morro Bay, California 93442 Phone: 805-772-1214 Fiscal Officer• Gere Sibbach Title: Finance Director Address. Same Phone: Same State State. .District s : Congressional: Senate: Assembly - Months Required to Comolete Total Work Procram: One Grant Requested S 2,778..00 for Grant Period: 6/83 Total Cost of Program':-S 2,777.56 - List the Dates of Adootion or Status of Your General Plan Elements: Open Scenic SafetyHiohna Land Use Circulation Housine oace Conservation ?loiseE19749 1977 1967. - 1982 1974 1974 19761974 1983 [] 1. Resolution authorizing grant application * See Cover Letter . © 2. Application form ® 3. Total Work Program Q 4. Products and Other Milestones Description . [_� 5. Budget [] 6. Statement of Assurances ❑ 7• Clearinghouse Form (s_Ib.=t CA 189 or 424 to Area Clearingt+rrsse and copy of form to Coastal Commission for submission to State Clearirahouse for intitial Phase II grants only. Check with your local area clearinghouse for Phase III grant suDm. ttal. Transmit verification of clearing — 'house review when cocplete.) submit t,.o (2) copies of completed application to Coastal Comission; one copy must bear original signatures on itf's 1, 2 and 6 above, Submit one copy each to the regional and state couiaissicn offices. A /(, f Paul Baxter , /ate Authorized Official Signature Date Title: CITY AD,7THSTRATOR City of Morro Bay Local Coastal Program, "Phase IV".Implementation Grant Work Program Budget and Schedule Revision of Coastal Permit Procedures and Staff Training Description. Prior to the certification of the City's LCP, Morro Bay will have had experience in issuing coastal development permits through the permit authority granted by A.B.-385. A substantial portion of the procedural groundwork for issuing permits after full certification, therefore, will have already been laid. This fact is reflected in this modest Phase IV request. Nonetheless, the City's coastal permit procedures will need revision after the LCP is certified (for example, some appeal options which are afforded in the interim A.B. 385 phase will exist after final certification). These procedural revisions will require a Municipal Code amendment and subsequent public hearings before the Planning Commission and City Council. Furthermore, application and notice forms, jurisdictional maps and the City's coastal permit procedures "manual" will need minor revisions to reflect the change from the interim A.B.385 phase to the post -certification -phase. Finally, these new forms and procedures will need to be reviewed with the City staff who accept application requests at the public counter and with the Planning Commission who will be acting on most of the permit applications. Work Products 1) Revised coastal development procedures. 2) Revised application and notice forms, jurisdictional maps and procedures manual. Summary and Budget Item Revised Procedures Public Hearings Revised Forms and Maps Staff Associate Planner Clerical Director Clerical Associate Clerical Revised Procedures Manual Associate Clerical Staff Training Associate Time Rate 2 days 140.32 2 days 80.80 1 day 174.72 1 day 80.80 2 days 140.32 2 days 80.80 2 days 140.32 1 day 80.80 1 day 140.32 TOTAL Total 280.64 161.60 174.72 80.80 280.64 161.60 280.64 80.80 140.32 $ .641. 66 Local Coastal Program "Phase IV" Implementation Grant PAGE T140 Salaries and Benefits $ 1,64176 Overhe. ad 200.80 Operating expenses TOTAL 2,777. 6 Schedule May, 1983 - June, 1983 REV 11/80 LOCAL COASTAL PROGRAM BUDGET ALLOCATION Grant -Applicant: CITY OF.MORRO BAY Address: 595 Harbor Street, Morro Bay, California Zip Code: 93442 Project title Phase IV grant Grant Amount Requested: Personal Services Salaries and 4lages Benefits Grant Period: May - June, 1983 Total Personal Services Operating Expenses Travel Professional and Consultant Services Indirect Charges (see over) Other (Itemize, use separate sheet if required) office supplies postage printing of reports xeroxinn an overhead rate is charged, provide basis and breakdown) Total Operating Expenses Total Budget Current Grant Reouest 1,149.00 493.00 1 642.00 93fi_.QO—._.. 50.00 100.00 $ 1.136.00 $ 2,778.00 *Please round off all budget amounts to the nearest dollar. RESOLUTION NO.02-83 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY STATING ITS INTENT TO ESTABLISH A COASTAL DEVELOPMENT PERMIT PROGRAM PURSUANT TO CALIFORNIA PUBLIC RESOURCES CODE SECTION 30600.5(b) T H E C I T Y C 0 U N C I L City of Morro Bay, California WHEREAS, the California Public Resources Code Section 30600.5(b) allows cities to assume coastal permit authority for portions of their coastal zones after their Coastal Land Use Plans are certified; and WHEREAS, the City of Morro Bay intends to exercise this option and has adopted a program and procedures for issuing coastal development permits through Ordinance Number 236; and WHEREAS, the California Administrative Code Section 13304 requires a city which elects to exercise the permit option afforded by Public Resources Code Section 30600.5 to notify the Coastal Commission and adjacent jurisdictions by adoption of a resolution that such city intends to initiate a coastal permit program. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Morro Bay hereby states its intent to initiate a coastal development permit program pursuant to Public Resources Code Section 30600.5(b). PASSED AND ADOPTED by the City Council of the City of Morro Bay at their regular meeting held thereof on the loth day of January, 1983, by the following roll call vote: AYES: Anderson, Lemons, Risley, Zeuschner, Shelton NOES: None ABSENT: None NE R. SH L ON, Mayor � AT PAUL B XTER, City Administrator RESOLUTION NO. 01-83 1 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY ESTABLISHING WATER AND SEWER CAPITAL. IMPROVEMENT RESERVE FUNDS THE CITY COUNCIL City of Morro Bay, California WHEREAS, the City has established availability charges for new connections to the water and sewer systems., and WHEREAS, it is desirable to set aside these charges for future capital outlay requirements; NOW., THEREFORE, BE IT RESOLVED by the City.Council of the City of Morro Bay that: 1) A fund entitled the Water Capital Improvement Fund is hereby established for the purpose of.funding.future expansion and/or major repairs of the. water system. Water availability charges are to be placed in the fund, and such other revenues as Council may from time to time designate. 2) A fund entitled the Sewer Collection System Improvement Fund is hereby established for the purpose of funding future expansion and/or major repairs of the sewer collection system. Sewer availability charges are to be.placed in, the Sewer_Operating Fund until such time as, that fund's dept to the General Fund is repaid. Subsequently, the charges are.to be placed in the Collection System Improvement Fund along with such other revenues as.Council may from time to time designate. 3) Expenditures from these Improvement Funds are to be authorized in the normal City adopted budget. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held thereof on the 10 day of January, 1983, by the following roll call vote: AYES: Anderson, Lemons, Risley, Zeuschner, Shelton NOES: None ABSENT: None R. SHE LTON,' OR ATTEST: PEGGV OU,0HANAN, DEPUTY CITY CLERK