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Home My WebLink AboutResolution 01-85 to 121-85RESOLUTIONS 00400001 1-85 RESOLUTION VACATING AN EASEMENT ACROSS LOT 6 OF 1-14-85 TRACT 353 2-85 RESOLUTION ACCEPTING AN EASEMENT ACROSS LOTS 3 1-14-85 AND 4, BLOCK 6,OF TRACT NO. 81 3-85 RESOLUTION COMENDING FRANK RAMOS FOR HIS SERVICES 1-14-85 AS RESERVE FIRE CAPTAIN FOR THE CITY OF MORRO BAY 4-85 VOID (South T Pier grant funds) 5-85 RESOLUTION TO INCREASE FINES AND TO SET PENALTIES 1-28-85 FOR VIOLATIONS OF THE MORRO BAY MUNICIPAL CODE 6-85 RESOLUTION COMMENDING THE RETIREMENT OF ROGER L. 2-11-85 NEUMAN AS CHIEF OF POLICE OF THE CITY OF SAN LUIS OBISPO 7-85 VOID (Brebes to Gunther lease assignment). 8-85 VOID (Brebes to Gunther lease assignment) 9-85 RESOLUTION ANNOUNCING FINDINGS AND APPROVING FOR 2-25-85 SUBMISSION TO THE CALIFORNIA COASTAL COMMISSION AMENDMENTS TO THE CERTIFIED LCP AND COASTAL PERMIT NO. 4-81-309 RELATED TO THE WATER ALLOCATION PROGRAM 10-85 RESOLUTION DENYING ASSIGNMENT OF LEASE FROM BREBES 3-25-85* OCEAN HOUSE, INC. TO RALPH AND SHIRLEY GUNTHER - LEASE SITE NO. 29 11-85 RESOLUTION DENYING ASSIGNMENT OF LEASE FROM BREBES 3-25-85* OCEAN HOUSE, INC. TO RALPH AND SHIRLEY GUNTHER - LEASE SITE NO. 105.1W and 105.2 12-85, RESOLUTION SUPPORTING AND RECOMMENDING THE AMENDMENT 2-25-85 OF INSURANCE CODE SECTION 533, EVIDENCE CODE SECTION 352 AND GOVERNMENT CODE SECTIONS 825 AND 990 AS THEY CONCERN PUNITIVE DAMAGES 13-85 RESOLUTION DENYING AN APPEAL OF THE PLANNING COMMIS- 2-25-85 SION'S CONDITIONS OF APPROVAL FOR A CONDITIONAL USE PERMIT TO ALLOW AN ADDITION TO AN EXISTING MOTEL 14-85 RESOLUTION ABANDONING AN EASEMENT ACROSS LOTS 3 AND 3-11-85- 4, BLOCK 6, OF TRACT NO. 81 15-85 RESOLUTION COMMENDING AND THANKING NELLIE C. CECIL 3-11-85 FOR HER 20 YEARS OF SERVICE TO THE CITY 16-85: RESOLUTION ESTABLISHING A DEFERRED COMPENSATION PLAN 3-25-85* AS A MEANS OF PROVIDING A BENEFIT TO ITS MANAGEMENT EMPLOYEES *Adopted out of sequence. RESOLUTIONS TITLE DATE ADOPTED 17-85 RESOLUTION APPROVING AN AMENDMENT FOR AN EXTENSION 3-11-85 OF LIFE OF THE LEASE TO MORRO BAY MARINA FOR MOORING ZONE Al-4 18-85 RESOLUTION AUTHORIZING A GRANT APPLICATION TO.THE 3-11-85 CALIFORNIA ARTS COUNCIL REQUIRING MATCHING FUNDS FOR NANCY CASTLE 19-85 RESOLUTION RATIFYING THE REVISED BY-LAWS FOR THE 3-25-85 WATER ADVISORY COMMITTEE 20-85 RESOLUTION APPROVING FINAL MAP OF TRACT 1028 AND 3-25-85 ACCEPTING OFFERS OF DEDICATION 21-85 RESOLUTION APPROVING AND AUTHORIZING EXECUTION OF AN 3-25-85 AGREEMENT WITH THE COUNTY OF SAN LUIS OBISPO FOR THE GRANT -FUNDED REPLACEMENT OF '_'TWIN BRIDGES".ON SOUTH BAY BOULEVARD IN MORRO BAY 22-85 RESOLUTION DENYING AN APPEAL OF THE PLANNNING COMMIS- 3-25-85 SION'S CONDITIONS OF APPROVAL FOR A CONDITIONAL USE PERMIT TO ALLOW AN ADDITION TO AN EXISTING MOTEL 23-85 RESOLUTION COMMENDING CHRISTOPHER G. MONEY ON HIS 4-08-85 SERVICE TO THE COUNTY OF SAN LUIS OBISPO AS DISTRICT ATTORNEY 24-85 RESOLUTION AWARDING BID NO. PW85-094 FOR A NEW PATCH 4-08-85 TRUCK 25-85 RESOLUTION AWARDING BID NO. PW85-100 FOR A TRAILER- 4-22-85 MOUNTED SECTIONAL SEWER RODDER 26-85 RESOLUTION AWARDING BID NO. PW85-106 FOR WATERLINE 4-22-85 MATERIALS AND FIRE HYDRANTS 27-85 RESOLUTION APPROVING ASSIGNMENT OF LEASE FROM 4-22-85 STEPHEN YEOMAN, AND VIRGINIA YEOMAN TO MILT GUGGIA ENTERPRISES, INC., A CALIFORNIA CORPORATION, LEASE SITES NO. 129W,130W,131W,132W, AND 133W 28-85 RESOLUTION DECLARING WEEDS A NUISANCE AND FIRE 4-22-85 HAZARD AND AUTHORIZING THE PUBLIC WORKS DEPARTMENT TO PROCEED WITH ABATEMENT 29-85 RESOLUTION IN SUPPORT OF SB 885 PROTECTION OF PUBLIC 4-22-85 AGENCIES FROM CIVIL DAMAGES FOR RENDERING ASSISTANCE AT BOATING ACCIDENTS 30-85 RESOLUTION IN RESPONSE TO THE DRAFT PROPOSED 5-YEAR 4-22-85 OCS LEASING PROGRAM FOR 1986-1991 0 RESOLUTIONS NUMBER TITLE DATE ADOPTED 31-85 RESOLUTION TO OFFER A QUITCLAIM DEED FOR INTEREST IN LANDS ON BLACK HILL IN MORRO BAY STATE PARK IN ACCORDANCE WITH CONDITIONS SET FORTH IN AN AGREE- MENT AND GRANT OF EASEMENT ENTERED INTO WITH DEPART- MENT OF STATE PARKS AND RECREATION 5-13-85 32-85 RESOLUTION ACCEPTING A MEMORANDUM OF SHORT FORM OF LEASE FOR RECORDING - REGHETTI 5-13-85 33-85 RESOLUTION ACCEPTING A MEMORANDUM OF SHORT FORM OF LEASE FOR RECORDING - SILVA 5-13-85 34-85 RESOLUTION AWARDING BID NO. PW85-130 FOR ONE NEW HEAVY-DUTY 1/2-TON PICKUP TRUCK WITH ELECTRIC WINCH 5-13-85 35-85 RESOLUTION AUTHORIZING THE APPLICATION FOR AND ACCEPTANCE OF AN URBAN MASS TRANSPORTATION ACT/SECTION 18 GRANT FOR A REPLACEMENT TRANSIT VEHICLE FOR DIAL -A -RIDE 5-13-85 36-85 RESOLUTION REJECTING ALL BIDS FOR THE CONSTRUCTION OF PROJECT NO. PW-84-36-02 - WATER LINE REPLACEMENT PROJECT 5-13-85 37-85 RESOLUTION SUPPOMNG THE PASSAGE OF AB-2021 5-13-85 38-85 VOID 39-85 RESOLUTION APPROVING FINAL MAP OF TRACT 1144 5-13-85 40-85 RESOLUTION APPROVING FINAL MAP OF TRACT 1174 5-13-85 41-85 RESOLUTION SUPPORTING AB 2483 ESTABLISHING A CALIFORNIA MAIN STREET PROGRAM 5-13-85 42-85 RESOLUTION SUPPORTING AB 1904 CREATING A CALIFORNIA RURAL ECONOMIC ENTERPRISES CORPORATION 5-13-85 43-85 RESOLUTION REGARDING THE STORAGE OF RADIOACTIVE WASTE MATERIAL 5-28-85 44-85 RESOLUTION APPROVING FINAL MAP OF TRACT 1124 AND ACCEPTING THE DEDICATIONS OFFERED THEREON 5-28-85 45-85 RESOLUTION OPPOSING THE PROPOSED RATE INCREASE OF THE P.G.&E. COMPANY TO RECOVER ALL COSTS OF DIABLO CANYON NUCLEAR POWER PLANT 5-28-85 46-85 RESOLUTION APPROVING AND AUTHORIZING THE REALLOCATION OF $50,000 OF FAU FUNDS TO THE COUNTY OF SLO FOR THE PREPARATION OF ENVIRONMENTAL DOCUMENTS AND PRELIMINARY ENGINEERING INVOLVED WITH THE RECONSTRUCTION OF TWIN BRIDGES 5-28-85 6 0 RESOLUTIONS NUMBER TITLE DATE ADOPTED I 47-85 RESOLUTION ACCEPTING GRANT EASEMENT FOR STORM DRAIN ACROSS PARCEL 3 AS DESCRIBED ON PARCEL MAP 78-49, D. MC ELMOYL 48-85 RESOLUTION COMMENDING AND THANKING GERALD RANSOM FOR HIS THIRTEEN YEARS OF SERVICE TO THE CITY 5-28-85 49-85 RESOLUTION STATING FINDINGS OF FACT FOR THE USE OF DAY LABOR - WATERLINE REPLACEMENT PROJECT NO. PW-84-36-02 5-28-85 50-85 RESOLUTION ANNOUNCING FINDINGS AND REVOKING A CUP GRANTED TO CENTRAL COAST SEAFOODS 5-28-85 51-85 RESOLUTION AMENDING THE 1985 WATER ALLOCATION AND APPROVING A SPECIAL AWARD OF WATER EQUIVALENCIES FOR AN OVERFLOW R.V. CAMPGROUND 5-28-85 52-85 RESOLUTION APPROVING ASSIGNMENT OF LEASE FROM BREBES OCEAN HOUSE, INC. TO MICHAEL AND ORIETTA DE GARIMORE - LEASE SITES NO. 105.2W AND 105.2 5-28-85 53-85 RESOLUTION APPROVING ASSIGNMENT OF LEASE FROM BREBES OCEAN HOUSE, INC. TO MICHAEL AND ORIETTA DE GARIMORE - LEASE SITE NO. 29 5-28-85 54-85 RESOLUTION COMMENDING THE MORRO BAY EAGLE SCOUTS 5-28-85 55-85 RESOLUTION MAKING APPLICATION TO THE STATE DEPARTMENT OF HEALTH FOR A PERMIT TO DRILL AND OPERATE 7 WELLS 6-10-85 56-85 RESOLUTION APPROVING FINAL MAP OF TRACT 1045 AND ACCEPTING THE OFFER OF DEDICATION THEREON 57-85 RESOLUTION RELATING TO THE REPRIMAND AND CENSURE OF COUNCILMEMBER JIM MILLER 58-85 RESOLUTION APPOINTING JEFFREY G. JORGENSEN AS CITY ATTORNEY -FOR THE CITY OF MORRO BAY 59-85 Aetllm 62-85 RESOLUTION AMENDING A CONFLICT OF INTEREST CODE FOR DESIGNATED EMPLOYEES RESOLUTION AWARDING BID NO. RP-85-169 FOR CUSTODIAL MAINTENANCE PAPER SUPPLIES 6-10-85 6-10-85 6-24-85 6-24-85 RESOLUTION ADOPTING A BUDGET AND MAKING APPROPRIATIONS FOR FY85-86 6-24-85 RESOLUTION APPROVING THE CITY OF MORRO BAY'S LTF & STA CLAIMS FOR FY85-86 7-08-85 RESOLUTIONS NUMBER TITLE DATE ADOPTED 63-85 RESOLUTION APPROVING THE HEALTH INSURANCE CONTRACTS FOR CITY'EMPLOYEES.FOR FY85-86 7-08-85 64-85 RESOLUTION AUTHORIZING 7K EXEMPTIONS FOR PUBLIC ` SAFETY EMPLOYEES 7-08-85 o 65-85 RESOLUTION ADOPTING.THE 85-86 MASTER FEE SCHEDULE 7-08-85 66-85 RESOLUTION AUTHORIZING THE NOTICE OF COMPLETION — MORRO BAY/CAYUCOS WASTEWATER TREATMENT PLANT — EPA PROJECT NO. C-06-0914-120 7-22-85 67-85 RESOLUTION CONFIRMING THE REPORT OF CITY STAFF REGARDING THE WEED ABATEMENT PROCEDURE &.MAKING', ASSESSMENTS 7-22-85 68-85 VOID < 69-85 RESOLUTION RELATING TO THE CLASSIFICATION, COMPENSA- T16N, & TERMS OF EMPLOYMENT OF FIRE FIGHTER — EMPLOYEES OF THE CITY OF MORRO BAY 7-22-85� 70-85 RESOLUTION AWARDING A CONSTRUCTION CONTRACT'FOR .OFF —SITE IMPROVEMENTS AT THE MORRO BAY LIBRARY 7-22-85 71-85 RESOLUTION APPROPRIATING ENCUMBRANCES AT JUNE 30, . 1985 FOR THE .1985-86 FISCAL YEAR 7-22-85 72-85 RESOLUTION EXPRESSING APPRECIATION TO ;PUBLIC SAFETY , PERSONNEL WHO WORKED DURING THE LAS PILITAS FIRE 8-12-85 73-85 VOID 74-85 'RESOLUTION RELATING TO THE CLASSIFICATION,_COMPENSATION_ AND TERMS OF EMPLOYMENT OF'MISCELLANEOUS EMPLOYEES' 8-12-85' 75-85 RESOLUTION RELATING TO THE CLASSIFICATION,;.COMPENSATION . AND TERMS OF EMPLOYMENT OF POLICE EMPLOYEES 8-12=85 76-85 RESOLUTIOPJ RELATING'TO THE CLASSIFICATION, COMPENSATION, AND TERMS,OF.EMPLOYMENT OF CONFIDENTIAL:EMPLOYEES 8-12-85 77-85 .RESOLUTION'RELATING TO THE CLASSIFICATION,, COMPENSATION, ,AND TERMS :OF EMPLOYMENT OF,MANAG_EMENT EMPLOYEES 8-12-85 78-85 RESOLUTION IN'SPPORT OF AB 2,18-2 AND`AB 12570 RELATING TO -"DRUG ABUSE AND THE LAUNDERING OF MONEY THEREFOR 8-12-85 79-85 GHOST SHRIMP:V 80-85 RESOLUTION DENYING AN APPEAL & UPHOLDING THE PLANNING COMMISSION'S DENIAL OF VARIANCES FROM MINIMUM LOT. - SIZE STANDARDS 8-12-85 r 0 • RESOLUTIONS TITLE DATE ADOPTED 81-85 RESOLUTION DENYING AN APPEAL & UPHOLDING THE PLANNING COMMISSION'S ACTION TO TABLE FOR UP TO SIX MONTHS FINAL CONSIDERATION OF AN AMENDMENT TO A COASTAL DEVELOPMENT PERMIT 8-12-85 82-85 RESOLUTION AWARDING REQUEST FOR PROPOSAL NO. PW85-210A FOR ONE NEW SMALL TRANSIT VEHICLE/DIAL-A-RIDE 8-12-85 83-85 RESOLUTION AWARDING BID NO. PW85-212 FOR ONE NEW VIBRATORY ASPHALT ROLLER AND TRAILER 8-12-85 84-85 RESOLUTION DENYING AN APPEAL & UPHOLDING THE PLANNING COMMISSION'S APPROVAL OF A TENTATIVE TRACT MAP, CUP & COASTAL DEVELOPMENT PERMIT FOR A 9-UNIT CONDOMINIUM 10-28-85* 85-85 RESOLUTION RELATING TO THE CLASSFICATION, COMPENSA- TION, & TERMS OF EMPLOYMENT OF EXECUTIVE EMPLOYEES 8-12-85 86-85 RESOLUTION AMENDING THE BY-LAWS OF THE REFUSE FRANCHISE BOARD 8-26-85 87-85 RESOLUTION DENYING AN APPEAL & UPHOLDING THE PLANNING COMMISSION'S ACTION TO DENY A TENTATIVE PARCEL MAP, CDP & RELATED VARIANCE 8-26-85 88-85 RESOLUTION PROPOSING THE LEAGUE OF CALIFORNIA CITIES INITIATE A STATEWIDE BALLOT INITIATIVE REGARDING JOING & SEVERAL LIABILITY 8-26-85 89-85 RESOLUTION APPROVING THE APPLICATION FOR FUNDS UNDER THE CALIFORNIA SENIOR CENTER BOND ACT OF 1984 FOR THE MORRO BAY COMMUNITY/SENIOR CENTER 9-10-85 90-85 RESOLUTION ESTABLISHING PROCEDURE TO QUALIFY AS A COMMERCIAL VESSEL FOR THE PURPOSE OF LEASING CITY DOCKING FACILITIES 9-10-85 91-85 RESOLUTION APPROVING THE INTERIM FRANCHISE AGREEMENT BETWEEN SONIC COMMUNICATIONS & THE CITY OF MORRO BAY 9-10-85 92-85 RESOLUTION APPROVING THE APPLICATION FOR GRANT FUNDS UNDER THE REGIONAL COMPETITIVE PROGRAM OF THE CALI- FORNIA PARK & RECRATIONAL FACILITIES ACT OF 1984 FOR IMPROVEMENTS TO MORRO BAY CITY PARK 9-23-85 93-85 RESOLUTION APPROVING THE APPLICATION FOR GRANT FUNDS UNDER THE REGIONAL COMPETITIVE PROGRAM OF THE CALI- FORNIA PARK & RECREATIONAL FACILITIES ACT OF 1984 FOR REHABILITATION OF THE VETERAN'S.HALL 9-23-85 0 6 94-85 95-85 96-85 97-85 98-85 99-85 100-85 101-85 102-85 103-85 104-85 RESOLUTIONS TITLE RESOLUTION AWARDING THE ARCHITECTURAL DESIGN SERVICES CONTRACT FOR THE MORRO BAY COMMUNITY CENTER TO HALL HURLEY DEUTSCH, INC. RESOLUTION AUTHORIZING REQUEST FOR SPECIAL USE PERMIT IN THE HARBOR FOR THE 1985 HARBOR FESTIVAL DATE ADOPTED 9-23-85 9-23-85 RESOLUTION DENYING AN APPEAL & UPHOLDING THE PLANNING COMMISSION'S DENIAL OF A TENTATIVE TRACT MAP & CDP FOR A 13-LOT SUBDIVISION 9-23-85 RESOLUTION ESTABLISHING A WAIVER PRIORITY FOR FACILITY USE FEES IN CITY FACILITIES 10-14-85 RESOLUTION AWARDING BID NO. RP-85-276 FOR A 4-WHEEL DRIVE HEAVY DUTY LAWN MOWER 10-14-85 RESOLUTION AWARDING REQUEST FOR PROPOSAL NO. PW85-210B FOR ONE NEW SMALL TRANSIT VEHI/DIAL-A-RIDE 10-14-85 RESOLUTION REJECTING BIDS AND STATING FINDINGS OF FACT FOR THE USE OF DAY LABOR - WATERLINE REPLACEMENT PROJECT NO. PW85-01 10-14-85 RESOLUTION ANNOUNCING FINDINGS & APPROVING AN AMEND- MENT TO THE LOCAL COASTAL PROGRAM 10-14-85 RESOLUTION GRNATING AN APPEAL & MODIFYING THE PLANNING COMMISSION'S APPROVAL OF A RENEWAL OF A CUP & CDP FOR A MIXED -USE, OFFICE/RESIDENTIAL PROJECT 10-14-85 RESOLUTION APPROVING EMERGENCY RATE INCREASES FOR REFUSE COLLECTION SERVICES RESOLUTION WELCOMING AFS STUDENTS STEPHAN GOERTZ & THOMAS MEIER TO MORRO BAY 105-85 RESOLUTION EXPRESSING CONCERNS & ADOPTING A STRATEGY TO LIMIT THE INMATE POPULATION OF THE CMC 106-85 RESOLUTION DEARING THE AVAILABLE MUNICIPAL WATER SUPPLY TO BE OW 107-85 RESOLUTION AWARDING CONTRACT FOR TEST DRILLING FOR NEW WATER WELLS 10-28-85 10-28-85 10-28-85 10-28-85 10-28-85 108-85 RESOLUTION REJECTING BID FOR CONSTRUCTION OF PROJECT NO. PW85-06 - NUTMEG AVENUE WATER STORAGE TANK 10-28-85 109-85 RESOLUTION AUTHORIZING AN APPLICATION FOR UMTA SECTION 18 CAPITAL PROJECT GRANT FUNDS 10-28-85 RESOLUTIONS NUMBER TITLE DATE ADOPTED 110-85 VOID 111-85 RESOLUTION SUPPORTING THE "FAIR RESPONSIBILITY ACT OF 1986" INITIATIVE MEASURE 11-12-85 112-85 RESOLUTION GRANTING AN APPEAL & MODIFYING THE PLANNING COMMISSION'S APPROVAL OF A CUP, CDP & TENTATIVE TRACT MAP FOR A 6-UNIT CONDOMINIUM PROJECT 11-12-85 113-85 RESOLUTION APPROVING CONCEPT PLAN FOR SOUTH CITY "T" PIER PAHSE III LANDSIDE IMPROVEMENTS, AUTHORIZING CITY STAFF TO PROCEED WITH CONSTRUCTION GRANT APPLI- CATION & AUTHORIZING THE CITY ADMIN. TO EXECUTE GRANT DOCUMENTS ON BEHALF OF THE CITY 11-25-85 114-85 RESOLUTION APPROVING COOPERATIVE PROCESS FOR DETER- MINING PROJECT PRIORITIES FOR FEDERAL AID URBAN FUNDING 11-25-85 115-85 RESOLUTION APPROVING ASSIGNMENT OF REFUSE COLLECTION FRANCHISE TO MISSION COUNTRY DISPOSAL 11-25-85 116-85 RESOLUTION ANNOUNCING FINDINGS & DENYING APPROVAL OF CONDITIONAL USE PERMIT (CONCEPT PLAN) FOR A 180- ROOM HOTEL COMPLEX 11-25-85 117-85 RESOLUTION GRANTING AN APPEAL & MODIFYING THE PLANNING COMMISSION'S CONDITIONS OF APPROVAL OF A CUP FOR A VACUUM TYPE FISH OFFLOADING DEVICE 11-25-85 118-85 RESOLUTION RELATING TO STATE DISABILITY INSURANCE FOR THE MISCELLANEOUS EMPLOYEES OF THE CITY 12-09-85 119-85 RESOLUTION APPOINTING JUDY SKOUSEN AS CITY _ATTORNEY FOR THE CITY OF MORRO BAY 12-09-85 120-85 RESOLUTION AUTHORIZING FILING OF.AN APPLICATION TO APPROPRIATE WATER FROM THE UNDERFLOW OF TORO CREEK 12-09-85 121-85 RESOLUTION ADOPTING A WATER EQUIVALENCY PROGRAM FOR 1986 AND SETTING THE ANNUAL LIMITS ON NEW RESIDENTIAL UNITS 12-09-85 RESOLUTION NO. 121-85 RESOLUTION ADOPTING A WATER EQUIVALENCY PROGRAM FOR 1986 AND SETTING THE ANNUAL LIMITS ON NEW RESIDENTIAL UNITS T H E C I T Y 0 0 0 N C I L City of Morro Bay, California WHEREAS, Chapter. 13.20 of the Morro Bay Municipal Code calls for. the City Council to adopt a yearly Water Equivalency Program, based on a report by the Community Development Director after review by the Planning Commission; and WHEREAS, Measure "F" adopted by the voters in 1984 requires the City Council to set an annual limit on new residential units and to prescribe the mix of multi. -family and single family residences allowed within that limit, after review and recommendation by the Planning Commission; and WHEREAS, on December 2, 1985, the Planning Commission did review the Director's report on the proposed 1986 Water. Equivalency Program and on suggested limits for 1986 under. Measure F, and did forward recommendations on the same to the Council; and WHEREAS, on December 9, 1985, the Council did hold a PUBLIC HEARING on the proposed 1986 Water Equivalency Program and suggested limits for 1986 under Measure F. NOW, THEREFORE, BE IT RESOLVED, as follows: 1. That a Water. Equivalency Program for. 1986 is hereby adopted in accordance with the report of the Community Development Director and specificaly adopting option D , as presented in that report, which is incorporated herein by this reference; and 2. That the limits on new residential development for 1986 is hereby set at 73 total units, 55 to be single family residences, and 18 to be multi -family units. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof held this 9th day of December., 1985, by the following roll call vote: City Council Resolution No. 121-85 Page Two AYES: Kaltenbach, Miller, Sheetz, Zeuschner._ _..... NOES: None ABSENT: None ABSTAIN: Risley rr Z •LLB Annual Water. Report Page Seven D. Hold a first quarter award with 23 equivalencies, then ost one further awards untsl a larger reserve of equivalencies is earned This option is a compromise between the Planning Commission's recommendation and the staff's original recommendation accepted by the Water Advisory Committee. Instead of using all 47 equivalencies for a first quarter award, only 23 would be used. The City has given out 91 equivalencies per year during the last two years. This equates to about 23 equivalencies per quarter (91 - 4 = 22.75). Thus, an award with 23 equivalencies would closely match a typical quarterly award. This would allow those persons most near the top of the list who have been waiting the longest to still receive water, with persons farther down the list having the option to convert to retrofit. The practical effect of this option would be that the first 10 or so applicants at the top of the waiting list would get equivalencies under the pipe replacement program. Persons farther down the list would either have to wait until enough equivalencies were earned by future pipeline replacement so that the City resumed quarterly awards, or they could convert to retrofit. Again because there are virtually no applicants in the commercial or industrial categories, the equivalencies placed in those categories will probably not be given out in January and would therefore constitute an unallocated reserve. This reserve would likely be about 30-35 equivalencies. Note that regardless of which option the Council chooses, it is still recommended that the 1986 Measure F limits of 73 total units with a 55 to 18 single family to multi -family mix be adopted, that the present operating procedures are acceptable, and that no retrofit proposals beyond those which can actually be implemented in 1986 be approved next year, so that the City can actually monitor and evaluate the program before committing to any further proposals. RECOMMENDATION: Approve the 1986 allocation program choosing among options A-D above (or any other option deemed appropriate). A draft resolution for this purpose has been attached. Attachments: Tables 1-5 Draft resolution MM:jr. 7 0 RESOLUTION NO. 120- 85 AUTHORIZING FILING OF AN APPLICATION TO APPROPRIATE WATER FROM THE UNDERFLOW OF TORO CREEK T H E C I T Y C O U N C I L City of Morro Bay, California WHEREAS, the Morro Bay Area Water Mana ement Plan (State Department of Water Resources September 1982 indicates that the City has an immediate need to develop additional groundwater resources for its municipal water supply; and WHEREAS, said report indicates the Toro Creek Basin is a possible site for one or more additional water wells; and WHEREAS, test well exploration conducted in November 1985 indicates there is a developable quantity of water in the underflow of Toro Creek Basin; and WHEREAS, the State Water Resources Control Board (SWRCB) has determined that utilization of said water for a municipal water supply will require the award of an appropriative permit by the that Board. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Morro Bay authorizes the filing of an application with SWRCB for a permit to appropriate water from the riparian underflow of Toro Creek. BE IT FURTHER RESOLVED that the Director of Public Works is authorized to execute the application and other documents related to this application on behalf of the City of Morro Bay. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof held the 9th day of December, 1985, by the following vote: AYES: Kaltenbach, Miller, Risley, Sheetz, Zeuschner NOES: None ABSENT: None RESOLUTION NO. 119-85 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY APPOINTING JUDY SKOUSEN AS CITY ATTORNEY 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 WHEREAS, under California Government Code Section 36505, the city council may appoint a city attorney for the municipal agency to provide legal services pursuant .to California Govern- ment Code Section 41801, et.seq.; and WHEREAS, on 26 August 1985, the Morro Bay City Council voted to solicit and request proposals for new city attorney services; and WHEREAS, on 14 November 1985, the Morro Bay City Council did interview prospective candidates for the appointment to the position of City Attorney for Morro Bay; and WHEREAS, upon conclusion of said interviews, the City Council is desirous of appointing Judy Skousen as City Attorney for Morro Bay, and has determined that Judy Skousen possesses the skills and abilities necessary to be an effective counselor; and WHEREAS, pursuant to California Government Code Section 53060, the City Council may contract with any person(s) for the furnishing of competent and experienced legal services to the public agency. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Morro Bay does hereby appoint Judy Skousen as City Attorney for the City of Morro Bay, California, commencing 16 December 1985; and PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof held the 9th day of December, 1985 by the following vote: AYES: Kaltenbach, -Miller, Risley, Sheetz, Zeuschner NOES: None ABSENT: None BUD ZEUS ER, Mayor RESOLUTION NO. 118-85 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, CALIFORNIA RELATING TO STATE DISABILITY INSURANCE FOR THE MISCELLANEOUS EMPLOYEES OF THE CITY OF MORRO BAY T H E C I T Y C O U N C I L City of Morro Bay, California �• �..... _ WHEREAS, the City of Morro Bay has met and conferred with th'e Morro Bay Employees Association; and WHEREAS, the meet and confer process has been conducted; and WHEREAS, the meet and confer process included an agreement to participate in the State Disability Insurance program; and WHEREAS, it was agreed that the Morro Bay Employees Association would hold an election to determine participation in this SDI program; and WHEREAS, it is required by the State that participation in the program be 1008; and WHEREAS, such election has been held, and said employees desire now to participate in the State Disability Insurance Program. NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Morro Bay hereby approves and authorizes the filing of an Application for Elective Coverage of State Disability Insurance for Miscellaneous Employees pursuant to Section 710.5 of the California Unemployment Insurance Code; and BE IT FURTHER RESOLVED, that in accordance with the meet and confer process, participation shall be entirely paid by employees of this unit, and that the City will only particpate by providing the ability of payroll deductions and administrative processes. PASSED AND ADOPTED by the City Council of Morro Bay at a regular meeting thereof held this 9th day of December, 1985 by the following vote: AYES: Kaltenbach, Miller, Risley, Sheetz, Zeuschner NOES: None ABSENT: None U ZEUSC R, Mayor ATTEST: RESOLUTION NO. 117-85 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, CALIFORNIA, GRANTING AN APPEAL AND MODIFYING THE PLANNING COMMISSION'S CONDITIONS OF APPROVAL OF A CONDITIONAL USE PERMIT FOR A VACUUM TYPE FISH OFFLOADING DEVICE 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 16th day of September, 1985, hold a duly noticed PUBLIC HEARING, after which they approved with conditions the request of Orval Leage for a Conditional Use Permit to allow a vacuum type fish offloading device for property located at 235 Main Street in the WF/PD zone (Case No. CUP 30-85); and WHEREAS, on September 26, 1985, the applicant did appeal the Planning Commission's action requesting modification to certain conditions of approval; and WHEREAS, on November. 25, 1985, continued from October 28 and November 12, 1985, the City Council of the City of Morro Bay did hold a duly noticed PUBLIC HEARING on said appeal; and WHEREAS, at said PUBLIC HEARING, after considering the staff report, Planning Commission's report, a subcommittee's recommendation and the testimony, both written and oral, of all persons wishing to testify, the City Council did find the following facts and reasons to justify approving the appeal and modifying the conditions of approval: That allowing limited Sunday hours is reasonable and necessary for the conduct of the business and adequate protection to the surrounding neighbors from noise impacts can still be afforded by the other conditions of approval. 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, 2. That the Council does hereby approve the appeal and modifies the Planning Commission's approval of the Conditional Use Permit (Case No. CUP 30-85) as shown on Attachment "A" which is attached hereto and incorporated herein by this reference. 0 City Council Resolution No. Page Two PASSED AND ADOPTED, by the City Council of the City of Morro Bay at a regular meeting held hereof on the 25th day of November, 1985, by the following roll call vote: AYES: Kaltenbach, Miller, Risley, Sheetz, Zeuschner NOES: None ABSENT: None ATTEST: 2 ATTACHMENT "A" SPECIAL CONDITIONS (Case No. CUP 30-85) 7. The applicant shall submit a recommendation from a noise engineer for installation of additional sound insulation within the machine enclosure to the Director for review and approval. Prior to operating the machine (except for short term tests approved by the Director) the recommendation of the sound engineer shall be implemented (i.e: installed and inspected by the City staff). 8. The subject machine shall not be operated on Saturdays, but may be operated on Sundays but only between the hours of 12:00 p.m. and 4:00 p.m. 9. Use of the machine shall be permitted on Monday through Friday only and shall be limited to the hours of 8:00a.m. to 6:00 p.m. 10. No trucks used to transport fish unloaded by the subject machine shall be loaded or unloaded, driven onsi.te or allowed to run their motors between the hours of 8:00 p.m. and 7:00 a.m. 11. Truck traffic for, transporting fish unloaded by the subject machine shall be limited to not more than five (5) trips to and from the site per. day. 12. Any sound attenuation enclosure or similar structure shall be of an attractive design visually compatible with the surrounding area, subject to approval by the Director. 13. It is recommended, but not required, that the applicant consult with a noise -control engineer for a plan to reduce noise to the specified levels to reduce the risk of proposing solutions which fail to meet the standards. 14. Subject fish offloading machine shall be enclosed on 3 sides and a roof with sound -dampening insulation, subject to obtaining a building permit for the enclosure. 15. Applicant shall provide to the City a sound measuring device so that the City can test and enforce these provisions. The type and design of such device is subject to approval by the Director, cost not to exceed $500.00. 16. The term of this permit shall be to April 30, 1986, only and shall expire on that date unless a renewal of this permit for the continued use of this machine or any alternative one is obtained from the Planning Commission after a duly noticed public hearing and subject_ to what ever conditions the Planning Commission finds reasonable to protect the public health, safety and welfare. 3 RESOLUTION NO. 116-85 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, CALIFORNIA, ANNOUNCING FINDINGS AND DENYING APPROVAL OF A CONDITIONAL USE PERMIT (CONCEPT PLAN) FOR A 180-ROOM HOTEL COMPLEX CITY CASE NOES: CUP 43-84/CDP 62-84 T H E C I T Y C O U N C I L City of Morro Bay, California WHEREAS, the Planning Commission of Morro Bay, California, did on the 7th day of October, 1985, hold a duly noticed PUBLIC HEARING to consider the request of Martin Smith and Associates for approval of a Conditional Use Permit (Concept Plan) for a 180-room hotel complex with conference facilities, for property located west of Main Street to the .bluff, between South and Olive Streets (City Case Nos: CUP 43-84/CDP 62-84); and WHEREAS, after said hearing, the Commission did recommend to the City Council denial of said request; and WHEREAS, an Environmental Impact Report (EIR) was prepared for this project in accordance with the California Environmental Quality Act (CEQA) and the information contained in the EIR, such as but not limited to the traffic, noise, and visual impacts analyses, was used by the Commission in making their recommendation and by the City Council in reviewing the project and in making their decision, as required by CEQA and the CEQA guidelines (Section 15090); and WHEREAS, the City Council of the City of Morro Bay, on the 12th day of November, 1985 after receipt of the Planning Commission's recommendation and the EIR, did hold a duly noticed PUBLIC HEARING to consider this request; and WHEREAS, after said PUBLIC HEARING, and after considering the staff reports, Commissions' recommendations, the EIR and the comments of all persons who testified, both orally and in writing, the City Council concurred with the findings and recommendation of the Planning Commission (which are found in Planning Commission Resolution No. 61-85) and did find the following facts and reasons to support denial of the requested permits for the concept plan: 1. That the project will result in unacceptable levels of traffic and noise; and 2. That the proported benefits of the project do not warrant closure or abandonment of the Morro Avenue right-of-way to accommodate the project; and Resolution No. 116-85 Page Two 3. That the proported fiscal benefits of the project are over- stated in that a tax shift can be expected; that is, because there is no identified need for new hotel/motel rooms, the new tax benefits from this project will likely result in offsetting tax losses elsewhere in the local economy; and 4. That the scale and type of project is out of character with the surrounding area; and 5. That based on the above enumerated findings (i.e., excessive traffic and noise, uncompatibility with the neighborhood and community character, loss of Morro Avenue and inadequate tax benefits), the proposal would be detrimental to the health, safety, comfort and general welfare of the persons residing .and working in the surrounding neighborhood; to the property and improvements, such as the street system, in the neighborhood; and to the general welfare of the community generally; and, therefore, the Conditional Use Permit should not be approved, in accordance with Sections 17.36.030 and 17.60.030 of the Morro Bay Municipal Code; and 6. That based on the findings related to scale and incompati- bility with the surrounding area, the proposal would con- flict with the visual resources policies of the certified Local Coastal Program and, therefore, the Coastal Develop- ment Permit should not be approved in accordance with Section 17.20.060 of the Municipal Code, nor should the Conditional Use Permit be approved, in accordance with Section 17.36.050 of the Municipal Code. 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 in this matter; and 2. That an EIR was completed in compliance with the California Environmental Quality Act and that the EIR was reviewed and considered by the City Council in reaching their decision on the project; and 3. That the City Council does hereby deny approval of the requested Conditional use Permit (Concept Plan), Case Nos: CUP 43-84/CDP 62-84. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof held on the 25th day of November, 1985, by the following vote: Resolution No. 116-85 Page Three AYES: Kaltenbach, Risley, Sheetz, Zeuschner NOES: Miller ABSENT: None LTTRCT. RESOLUTION NO. 115-85 A RESOLUTION APPROVING THE ASSIGNMENT OF THE REFUSE COLLECTION FRANCHISE TO MISSION COUNTRY DISPOSAL 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 and Morro Bay Garbage Service (MBGS) entered into a Refuse Collection Franchise Agreement on January 1, 1982; and WHEREAS, MBGS is proposed to be sold to Mission Country Disposal (MCD), effective December 1, 1985; and WHEREAS, it is in the public interest to assign said Franchise to MCD, provided the Assignees assume all of the obligations and honor all terms and conditions of said Franchise Agreement; and WHEREAS, Section 25 of said Franchise Agreement provides that the Franchise can be assigned only if such assignment is approved by the City of Morro Bay City Council. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay to approve the assignment of the Refuse Collection Franchise to Mission Country Disposal, effective December 1, 1985, provided that the Assignment and Assumption of Franchise Agreements between Mission Country Disposal and Morro Bay Garbage Service, attached hereto as Exhibits "A" and "B," respectively, and incorporated herein by reference, are executed on or before that date. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof held the 25th day of November, 1985 by the following vote: AYES: Kaltenbach, Miller, Risley, Sheetz, Zeuschner NOES: None ABSENT: None p % BUD ZE NER, Mayor ATTEST: 0 RESOLUTION NO. 114-85 A RESOLUTION APPROVING COOPERATIVE PROCESS FOR DETERMINING PROJECT PRIORITIES FOR FEDERAL AID URBAN FUNDING T H E C I T Y C O U N C I L City of Morro Bay, California WHEREAS, the Congress of the United States has, in the 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 Council of 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 Morro Bay - Public Works Department City of E1 Paso de Robles - Municipal Services Department City of San Luis Obispo - Community Development Department City of Arroyo Grande - Public Works Department City of Grover City - Public Works Department County of San Luis Obispo - Engineering Department City of Atascadero - Public Works Department City of Pismo Beach - Public Works Department State of California - Cal Trans 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 any of the participating agencies. RESOLUTION NO. 113-85 RESOLUTION APPROVING THE CONCEPT PLAN FOR SOUTH CITY "T" PIER PHASE III LANDSIDE IMPROVEMENTS, AUTHORIZING CITY STAFF TO PROCEED WITH CONSTRUCTION GRANT APPLICATION AND AUTHORIZING THE CITY ADMINISTRATOR TO EXECUTE GRANT DOCUMENTS ON BEHALF OF THE CITY T H E C I T Y C O U N C I L City of Morro Bay, California WHEREAS, it is in the public interest to construct the landside improvements of South City "T" Pier, Phase III; and WHEREAS, the Concept Plan for said project has been duly reviewed by the City Council and Commissions; and WHEREAS, said project is listed in the California Coastal Conservancy's Urban Waterfronts Program. NOW, THEREFORE BE IT RESOLVED, that the City Council does hereby approve the Concept Plan for South City "T" Pier Phase III; Landside Improvements. BE IT FURTHER RESOLVED, that Staff is authorized to prepare documents necessary to apply for construction grants; and BE IT FURTHER RESOLVED that the City Administrator is hereby authorized to execute grant documents on behalf of the City of Morro Bay for said project. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof held the 25th day of November, 1985 by the following vote: AYES: Kaltenbach, Miller, Risley, Sheetz, Zeuschner NOES: None ABSENT: None BUD ZEUSCPMER, Mayor ` • s 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 Regional and Local Transit Needs 4. The Committee shall submit the recommended four-year program top 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 four-year program to the State Department of Transportatin for approval. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof held the 25th day of November, 1985, by the following vote: AYES: Kaltenbach, Miller, Risley, Sheetz, Zeuschner NOES: None ABSENT: None WrTFCT. RESOLUTION NO. 112-85 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, CALIFORNIA, GRANTING AN APPEAL AND MODIFYING THE PLANNING COMMISSION'S APPROVAL OF A CONDITIONAL USE PERMIT, COASTAL DEVELOPMENT PERMIT AND TENTATIVE TRACT MAP FOR A SIX -UNIT CONDOMINIUM PROJECT 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 7tn day of October, 1985, hold a duly noticed PUBLIC HEARING, after which they approved with conditions the request of Robert and 'Marjorie McConaghay for a Conditional Use Permit, Coastal Development Permit and Tentative Tract Map for a six -unit condominium project in the R-2 zone and located at the southeast corner of Pacific Street and Napa Avenue. (APN: 66-124-32 and -33; City Case Nos. CUP 38-85/CDP 7-85R and T14 1341), and WHEREAS, on October 11, 1985, the original applicants appealed the Planning Commission's action to the City Council; and WHEREAS, on October 28, 1985, the City Council of the City of Morro Bay did hold a duly noticed PUBLIC HEARING on said appeal; and WHEREAS, at said PUBLIC HEARING, after considering the staff report, the Planning Commission's report on this matter, and the testimony, both written and oral, of all persons wishing to testify, the City Council dial find the following facts and reasons to justify approving the appeal and modifying the conditions of approval: That requiring installation of water mains by the applicant when the City is scheduled to do similar work shortly thereafter would result in unnecessary disruption of the neighborhood and would be inefficient; therefore, contributing the cost of the new mains but waiting for the City to actually install the lines is an acceptable alternative. 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, 2. That the Council does hereby approve the appeal and modifies the Planning Commission's approval of Conditional Use Permit No. 38-85, Coastal Development Permit No. 70-85R and Tentative Tract Map 1341 by adding the following condition: City Council Resolution No. 112-85 Page Two "32. In -lieu of installation of six-inch water mains by the applicant in conjunction with the construction of the project, the applicant may submit engineering plans for the required lines, subject to approval by the City Engineer, and contribute a fee equal to the estimated installation costs, including reasonable inflationary factors, subject to review and approval by the City Engineer. This fee may be in the form of a bond until the City actually installs the lines at which time an amount equal to the City's costs, up to the maximum value of the bond, shall be paid to the City." 3. That, however, the provisions for automatic fire sprinklers and the payment of park in -lieu fees as prescribed by the Municipal Code are reasonable and necessary conditions for the protection and enhancement of the public health, safety and welfare and, therefore, their inclusion among the conditions of approval by the Planning Commission was correct and justified and is upheld by the City Council. PASSED AND ADOPTED, by the City Council of the City of Morro Bay at regular meeting held hereof on the 12th day of November, 1985, by the following rull call vote: AYES: Kaltenbach, Risley, Sheetz, Zeuschner NOES: Miller ABSENT: None FAWOOMW BUD ZEUSCHWI Mayor 2 RESOLUTION NO. 111-85 RESOLUTION OF THE MORRO BAY CITY COUNCIL SUPPORTING THE "FAIR RESPONSIBILITY ACT OF 1986" INITIATIVE MEASURE T H E C I T Y C O U N C I L City of Morro Bay, California WHEREAS, the present joint and several liability law, also known as the "Deep Pocket Doctrine," has unfairly cost the cities of California millions of dollars in court judgments, settlements, legal costs, skyrocketing insurance premiums and difficulty in obtaining adequate liability insurance coverage; and WHEREAS, this same doctrine has also cost other governmental bodies, business firms and professionals many millions of dollars; and WHEREAS, many cities, other governmental bodies, business firms and professionals are selected as defendants in lawsuits merely because of their perceived assets or insurance and often are found only fractionally at fault but must pay most or all of the judgment because the defendants most at fault cannot pay; and WHEREAS, the "Fair Responsibility Act of 1986" is an initia- tive measure that would give the voters of California an oppor- tunity to reform the inequities and injustices of the "Deep Pocket Doctrine" by holding liability lawsuit defendants finan- cially liable in closer proportion to their degree of fault. NOW, THEREFORE, BE IT RESOLVED the Morro Bay City Council does hereby endorse the "Fair Responsibility Act of 1986" and urge its support and passage to relieve the financial strain imposed on local government and its taxpayers. PASSED AND ADOPTED by the Morro Bay City Council at a regular meeting held thereof on the 12th day of November, 1985 by the following vote: AYES: Kaltenbach, Miller, Risley, Sheetz, Zeuschner NOES: None ABSENT: None BCD ZEUSC NE , Mayor ATTEST: '7 t ��McePREM= • RESOLUTION NO. 109-85 • RESOLUTION AUTHORIZING AN APPLICATION FOR URBAN MASS TRANSPORTATION ACT (UMTA) SECTION 18 CAPITAL PROJECT GRANT FUNDS 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 conducted a public hearing regarding its intent to submit an application for UMTA/Section 18 Capital Project Grant Funds for one replacement transit vehicle, two new wheelchair lifts for retrofitting on each of two new non -accessible transit vehicles, and two replacement seats/driver position; and WHEREAS, the City Council approves of the proposed project description as shown on Exhibit A, attached hereto and incorporated herein by reference. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay to authorize the City Administrator to submit an application for UMTA/Section 18 Capital Grant Funds to the State Department of Transportation (Caltr.ans) as described in Exhibit A, and sign the grant application and all grant -related documents. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof held the 28th day of October., 1985 by the following vote: AYES: Kaltenbach, Miller, Risley, Sheetz, Zeuschner NOES: None ABSENT: None r?!�'L., , i ' .�- ATTEST: • EXHIBIT A EXTENDED QUANTITY DESCRIPTION UNIT PRICE TOTAL 1 Each Replacement small tran- $41,675 sit vehicle, 16-passen- ger capacity, equipped w/farebox & wheelchair. lift. Vehicle $34,420 Sales Tax 2,501 'Brake Retarder. 3,620 Spare Parts Pkg 3,635 Total/Vehicle $44,176 2 Each Purchase and Installa- $4,215 $ 8,430 tion of wheelchair lifts for 1985 Wide - One transit vehicles acquired in August and October, 1985. Sales Tax N/A Total/Lifts $ 8,430 2 Each Replacement Seats/Driver $ 224 $ 448 position for 1982 Wide - One transit vehicle. Sales Tax 27 Total/Seats $ 475 NET PROJECT TOTAL $53,081 TOTAL FEDERAL SHARE (80%) $42,465 TOTAL LOCAL SHARE (20% MATCH) $10,616 Local matching funds will be derived from State Transit Assistance, Transportation Development Act, and/or City General Funds. If local revenue sources are combined to meet the local matching requirement, specific amounts from each source are unknown at this time. u RESOLUTION NO. 108-85 RESOLUTION REJECTING THE BID FOR CONSTRUCTION OF PROJECT NO. PW85-06 - NUTMEG AVENUE WATER STORAGE 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 the new water tank on Nutmeg Avenue; and WHEREAS, the project was formally advertised and bids were received; and WHEREAS, Greengo, Inc. was the only contractor to submit a bid for the new water tank on Nutmeg Avenue; and WHEREAS, the bid amount exceeds the budget amount by $110,000. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay that the bid be rejected and the project be re - advertised for bid in the spring. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof held the 28th day of October, 1985 by the following roll call vote: AYES: Kaltenbach, Miller, Risley, Sheetz, Zeuschner NOES: None ABSENT: None � _ pmw ATTEST: RESOLUTION NO. 107-85 RESOLUTION AWARDING CONTRACT FOR THE TEST DRILLING FOR NEW WATER WELLS 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 new water. wells; and WHEREAS, the project was formally advertised and bids were received; and WHEREAS, Layne -Western Company, Inc. is the lowest responsible bidder for, the water well test drilling project. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay that Layne -Western Company, Inc. of Bakersfield, CA, be hereby awarded the contract for the water well test drilling project, in accordance with all plans and specifications for that project. BE IT FURTHER RESOLVED that the City Council hereby authorize the Mayor and the City Clerk to sign all necessary agreements pertaining to this project. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof held the 28th day of October., 1985, by the following roll call vote: AYES: Miller, Risley, Sheetz, Zeuschner NOES: Kaltenbach ABSENT: None BUO ZEUSCH E , Mayor. ATTEST: 3 • RESOLUTION NO. 106-85 0 DECLARING THE AVAILABLE MUNICIPAL WATER SUPPLY TO BE LOW 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 obtains the entirety of its municipal water supply from groundwater wells in the under.flows of Morro and Chorro Creeks; and WHEREAS, the rainfall which occurred the last two winter was insufficient to adequately recharge the aquifers from which the water supply is drawn; and WHEREAS, recent tests of the quality of the water being withdrawn from several of the City's wells indicate that various mineral constituents in the water are increasing beyond allowable limits established by the State Department of Health Services yet remains adequate once blended before distribution to water customers; and WHEREAS, the pumping levels in the wells are dropping below that where the City can assure a sufficient supply of water to provide for its municipal demand without immediate change in demand or weather patterns. NOW, THEREFORE, BE IT RESOLVED that in accordance with Municipal Code Section 13.04.320 through 13.04.340, the City Council of the City of Morro Bay hereby declares that the water level within the City water system is low. BE IT FURTHER RESOLVED that in order to conserve water during low water months, the City Council hereby authorizes its staff to implement any or all of the conservation measures described and authorized in the said sections of the Morro Bay Municipal Code and any other conservation measures as it deems appropriate for the duration of the low water condition. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof held the 28th day of October, 1985 by the following roll call vote: AYES: Kaltenbach, Risley, Sheetz, Zeuschner NOES: Miller ABSENT: None BUD ZEUSCFtJXR, Mayor. - RESOLUTION NO. 105-85 A RESOLUTION OF THE CITY COUNCIL OF MORRO EXPRESSING CONCERNS AND ADOPTING A STRATEGY TO LIMIT THE INMATE POPULATION THE CALIFORNIA MEN'S FACILITY T H E C I T Y C O U N C I L City of Morro Bay, California BAY OF WHEREAS, the design capacity for the California Men's Facility is 3544 inmates while current occupancy levels are in excess of 6000 inmates, or 169% of design capacity; and WHEREAS, such overcrowding has adverse public safety and environmental impacts and negatively impacts public services such as water and demand on housing; and WHEREAS, the State Legislature has, by prior action, passed Chapter 958 of the 1983 Statutes which exempts the California Men's Colony (CMC) West Facility from CEQA requirements while at the same time providing for the closing of the West Facility by January 1, 1989; and WHEREAS, the City Council of Morro Bay believes it is the responsibility of the State Department of Corrections to prepare and publicly present a plan which details the short- and long- term uses of the Men's Colony, as well as announce intentions to utilize other State property in San Luis Obispo County for similiar correctional needs; and WHEREAS, this issue is of concern to our State Legislative representatives, the County Board of Supervisors, the City Council of San Luis Obispo, and their respective communities. NOW, THEREFORE, BE IT RESOLVED that the City Council of Morro Bay adopts the following strategy to deal with this matter: 1. To notify the League of California Cities of community and area concerns and request that the issue of prison expansion and construction on a statewide basis be referred to the appropriate League Committees for the development of a formal resolution for consideration by the 1986 League General Assembly. 2. To ask the League of California Cities, the State Legislative Representatives and the County Board of Supervisors to assist in establishing a formal dialogue between the State Department of Corrections and interested local agencies on the issue of short and long-term expansion at the CMC or other State property. Resolution No. 105-85 Page Two 3. To obtain a limit from the Department of Corrections on the inmate population in the County of San Luis Obispo and seek a more balanced statewide distribution of housing for convicted felons. 4. To refer a copy of this resolution to the CMC Citizens' Advisory Committee for information and coordination of their activities. PASSED AND ADOPTED, by the City Council of Morro Bay at a regular meeting held hereof on the 28th day of October, 1985, by the following vote: AYES: Kaltenbach, Miller, Risley, Sheetz, Zeuschner NOES: None ABSENT: None BUD ZEUSCH E , Mayor ATTEST: a 0 RESOLUTION NO. 104-85 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY WELCOMING AFS STUDENTS STEPHAN GOERTZ AND THOMAS MEIER TO MORRO BAY T H E C I T Y C O U N C I L City of Morro Bay, California WHEREAS, STEPHAN GOERTZ from Germany, and THOMAS MEIER from Switzerland are attending Morro Bay High School as Exchange Students in the American Field Service (AFS) program; and WHEREAS, the American Field Service believes that personal relationships between individuals of different cultures fosters understanding and friendship; and WHEREAS, experiencing many different situations and meeting all kinds of people will help Stephan and Thomas gain new insights into the United States, themselves and other people; and WHEREAS, attending Morro Bay High School and living with a host family will afford Stephan and Thomas the opportunity to learn firsthand what it is like to live in the United States. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay, that the City Council and the community of Morro Bay welcomes STEPHAN GOERTZ and THOMAS MEIER to our City, commends the Richard Kitzman family and the Warren Lilly family for their warm friendship to be host families to these AFS students, and hereby supports and encourages the continuation of the AFS program. AYES: Kaltenbach, Miller, Risley, Sheetz, Zeuschner NOES: None ABSENT: None B D ZEUSC , Mayor nmmvcm- RESOLUTION NO. 103-85 RESOLUTION APPROVING EMERGENCY RATE INCREASES FOR REFUSE COLLECTION SERVICES 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 entered into an exclusive franchise agreement with Morro Bay Garbage Service (MBGS) for, the collectio❑ of all residential and commercial refuse and waste materials within city limits; and WHEREAS, said agreement became effective January 1, 1982 and terminates December. 31, 1991; and WHEREAS, MBGS has requested emergency rate increases for all categories of service to recover the cost of substantial increases i❑ landfill charges and liability insurance premiums that became effective in September, 1985; and WHEREAS, MBGS has submitted to the City the financial and other information required pursuant to Resolutio❑ No. 34-82 which established City policy regarding rate increases for refuse collection services; and WHEREAS, the Refuse Collection Franchise Board has reviewed said information and has determined that the request by MBGS for an emergency rate increase is a reasonable business necessity; and WHEREAS, the City Council has the authority to establish the rates to be charged for the collection of all refuse and waste material within City limits by a licensed, duly -contracted refuse collector pursuant to Morro Bay Municipal Code Section 8.16.360; and WHEREAS, the adoption of this resolution shall rescind Resolution No. 19-12 regarding refuse collection rates, adopted March 8, 1982. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay that the rates for all categories of refuse collection service are hereby established as shown in Exhibit A, attached and incorporated herein by reference, effective November 1, 1985. PASSED AND OPTED by the City Council the City of Morro Bay at a regular meeting held thereof on the 2Bth day of October., 1985, by the following vote: AYES: Kaltenbach, Miller, Risley, Sheetz, Zeuschner NOES: None ABSENT: None B ZEUSC E , Mayor. ATTEST_ Exhibit A MORRO BAY GARBAGE SERVICE EMERGENCY RATES EFFECTIVE NOVEMBER 1, 1985 (RATE/MONTH)* RESIDENTIAL RATES No. of Cans 1 can 2 cans 3 cans 4 cans 5 cans Special Services: Tag service: Special Pickup: COMMERCIAL RATES Curb/Hardship $ 4.30 5.95 7.80 9.45 11.05 $1.25/tag $4.00/yard Service Frequency of Pickups/Week 1x 2x 3x 6x 1 yd. bin $15.90 $24.75 $ 32.00 $ 57.55 2 yd.- bin 23.15 40.85 55.40 101.90 3 yd. bin 30.10 57.00 78.50 148.35 4 yd. bin 40.05 75.80 104.40 197.30 Yard Can Service Frequency of Pickups/Week 1x 2x 3x 6x 1 can $ 5.65 $11.30 $16.95 $33.90 2 cans 8.35 16.70 25.05 50.00 3 cans 11.30 22.60 33.90 67.75 4 cans 12.90 25.80 38.70 77.40 5 cans 14.55 29.10 43.55 87.10 Various $ 7.55 10.25 12.90 15.60 18.30 Special Overload/ Pickup Pickup On Call $ 6.45 $ 5.40 $5.00/mo. 8.20 8.10 rent plus 9.70 10.75 pickup 12.90 14.25 charge. 20 yd. drop box (M-F only) $90.00/dump $3.00 rent/day Bulk rate 1.90/yard Bin cleaning 10.00/cleaning Reinstatement 25.00 *NOTE: All rates are monthly, except as noted. ff RESOLUTION NO. 102-85 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, CALIFORNIA, GRANTING AN APPEAL AND MODIFYING THE PLANNING COMMISSION'S APPROVAL OF A RENEWAL OF A CONDITIONAL USE PERMIT AND COASTAL DEVELOPMENT PERMIT FOR A MIXED -USE, OFFICE/RESIDENTIAL PROJECT 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 3rd day of September, 1985, hold a duly noticea PUBLIC HEARING, after which they approved with conditions the request of James Valpey for a renewal of a Conditional Use Permit and Coastal Development Permit for a mixed -use, office/residential project in the C-1-N/R-4 zone and located at the southeast corner of Oahu and Main Streets. (APN: 65-054-17; City Case Nos. CUP 03-83/CDP 15-83); and WHEREAS, on September 13, 1985, Mike and Margi McNelly appealed the Planning Commission's action to the City Council; and WHEREAS, on October 14, 1985, the City Council of the City of Morro Bay did hold a duly noticed PUBLIC HEARING on said appeal; and WHEREAS, at said PUBLIC HEARING after considering the staff reports, the Planning Commission's report on this matter, and the testimony, both written and oral, of all persons wishing to testify, the City Council did find the following facts and reasons to justify approving the appeal and modifying the conditions of approval: That offsite glare could be detrimental to the surrounding neighborhood and that this potential impact can be addressed through conditions of approval. 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 on this matter; and 2. That the Council does hereby approve the appeal and modifies the Planning Commission's approval of Conditional Use Permit No. 03-83 and Coastal Development Permit No. 15-83 by adding the following condition(s): 0 Resolution No. 102-85 Page Two "Prior to issuance of the building permit, applicant shall submit to the Director for approval an exterior lighting plan. In approving such a plan, the Director shall find that offsite glare is minimized through the placement, design, orientation and intensity of lighting fixtures." PASSED AND ADOPTED, by the City Council of the City of Morro Bay at regular meeting held hereof on the 14th day of October, 1985, by the following roll call vote: AYES: Kaltenbach, Risley, Sheetz, Zeuschner NOES: None ABSENT: Miller BUD ZEUSC , Mayor ATTE GARY NA Clerk c ? 1 r � 5 RESOLUTION NO. 101-85 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, CALIFORNIA ANNOUNCING FINDINGS AND APPROVING AN AMENDMENT TO THE LOCAL COASTAL PROGRAM T H E C I T Y C O U N C I L City of Morro Bay, California WHEREAS, on September 3 and September 16, 1985, the Planning Commission of the City of Morro Bay, California, held noticed PUBLIC HEARINGS to consider amendments to the City's Local Coastal Program (LCP); and WHEREAS, after said PUBLIC HEARINGS the Planning Commisison did endorse the proposed amendments illustrated on Exhibits "A" through "D", attached hereto, and did recommend to the City Council approval of said amendments; and WHEREAS, the Environmental Coordinator determined that the amendments will not result in a significant adverse impact on the environment, and therefore, qualifies for the filing of a Negative Declaration for purposes of the California Environmental Quality Act; and WHEREAS, on October 14, 1985, the City Council of the City of Morro Bay, California, held a duly noticed PUBLIC HEARING to consider the amendments recommended by the Planning Commisison; and WHEREAS, at said PUBLIC HEARING, after considering the staff report, Planning Commission recommendation and the arguments of all persons, if any, wishing to testify, the City Council did find the following facts and reasons to justify approval of the aforementioned LCP amendments: 1. The proposed amendments will contribute to the orderly and harmonious growth and physical development of the City of Morro Bay; and 2. The proposed amendments are in compliance with all applicable provisions of Division 20 of the California Public Resources Code, the California Coastal Act; and 3. The proposed Land Use Plan amendment will serve to better meet the policies and intent of the Coastal Act and the proposed amendments to the zoning measures will better implement the Land Use Plan policies and designations. 9 CITY COUNCIL RESOLUTION NO. 101-85 Page Two 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 2. That the Council does hereby approve amendments to the LCP, as depicted on Exhibits "A", incorporated herein by this reference for submission to the California Coastal Commission for certification; and 3. That the Council hereby certifies that the zoning measures directed in this action are intended to be carried out in a manner fully in conformity with the Coastal Act; and 4. That the Council further finds that said zoning measures conform with and are adequate to carry out the provisions of the certified Coastal Land Use Plans; and 5. That the LCP amendments will take effectautomatically upon Coastal Commission approval. PASSED AND ADOPTED, by the City Council of the City of Morro Bay, California, on the 14th day of October, 1985, by the following roll call vote: AYES: Kaltenbach, Risley, Sheetz, Zeuschner NOES: None ABSENT: Miller BUD ZEUSCH R, Mayor Planning Commissiion Resolution No. 50-85 Page Three t EXHIBIT "A" Add to Section.,17.40.030 as follows: :. -5.2.A. DISTRICT The purpose of this suffix is to preserve the existing character of physical development in the area within the jurisdiction of the City of Morro Bay; west of State Highway One; north Azure Street. Where this suffix fails to specify the location and type of development permitted' the existing R-1 classification shall be deemed to contain the applicable definitions and,specificatkons* .a `Y'"5+ C•.., ... i • `:n''-^diT.u"r�q .. ....1.1�-,�r t -Minimum building site required; four thousand square -Minimum front yard setback 15 feet. Minimum interior side yard setback 5 feet. -Minimum exterior side yard setback (corner lot) 15 feet -Maximum lot coverage permitted, fifty percent. -Less than three thousand five hundred square feet lot area; one car garage permitted. -Dwelling height limit, fourteen (14) feet; provided; however, that for, peaked roofs and other architectural features a height of up to seventeen (17) feet may be permitted provided such space above 14 feet is not habitable space but above a ceiling as attic space only. -No Guest House shall exceed 700_square feet; or 60 percent of the floor area of the main building purpoves of this seet.-WIR l�dd 'Fo Cl:Nplu•�7��Z "Open porch" shall be defined as an uncovered projection; permanently open on at least two sides. A side shall be considered "open" if it has a wall or fence or rail consisting of a solid material not more than 36 inches high or a wall consisting of a material that has a surface which is 50 percent open to the air or made of clear glass. "Uncovered" shall preclude eave overhangs permitted under other applicable sections of this chapter 6 Planning Commission Resolution No.51-85 Page Three EXHIBIT I. Proposed amendment to the Coastal Land Use Plan a) Delete Policy 7.01A "The City shall immediately take the steps necessary to form a port authority, to be known as "The Morro Bay Harbor Commission", which shall be composed of members of the City Council and the Mayor who preside as chairman." 2. Proposed Amendmedts to the Zoning Ordinance a) Delete Section 17.12.192: "Development shall mean new buildings, structures, relocations, additions, extensions, exterior changes to existing buildings and strucuturee, site preparations and improvements, construction activity, grading, irrigation, wastewater disposal and other activities and facilities accompaning such development." Replace with: Development is defined pursuant to Public Resources Code Section 30106 and shall mean: on land, in or under water, the placement or erection of any solid material or structures discharge or disposal of any dredged. materials or of any gaseous, liquid, solid, or thermal wastes grading, removing, dredging, mining, or extraction of any materials; change in the density or intensity of use of land, including, but not limited to, subdivision -pursuant to the Subdivision Map Act (commencing with Section 66410 of the Government Code), and .any other division of land,- including lot splits, except where the land division is brought about in connection with the purchase of such land by a public agency for public recreational use; change in the intensity of use of water, or of access thereto; construction, reconstruction, demolition, or alteration of the size of any structure, including any facility of any private, public, or municipal utility; and the removal or harvesting, of ,major vegetation other than for agricultural purposes, and kelp harvesting. As used in this section, "structure" includes, but is not limited to, any building- road,' pipe;- flume, conduit, siphon, aqueduct, telephone line, and electrical power transmission and distribution line." Planning Commission Resolution No. 51-85 Page Four - Exhibit "A" continued b) Delete.Section 17.49.100 (H): "Parking _Standards. The off-street 'parking - requirements for community housing project.shall be one and one-half parking spaces per unit for one bedroom or - studio unite and two parking spaces for units containing two or more bedrooms. 7 EXHIBIT A-1 LCP/ZOA 04D-85 Add the following subsection to 17.40.030 of the Zoning Ordinance: E. Conforming residential uses -S.6 District The intent of this suffix district is to afford reasonable protection in case of accidental destruction for various residential uses which were made non -conforming when the City's LCP was adopted, subject to certain limitations. In the S.6 district residential uses which-wer6"constructed="- prior to October, 1984, shall be considered conforming uses regardless of the base zoning district and subject to the following limitations: 1. The conforming status to such residential uses extended by this suffix shall run for fifty (50) years from the date of original construction of the building. After fifty (50) years from date of original construction; such uses shall be considered legal, but non -conforming uses, if they do not conform to the base zoning district. Such uses may continue, but shall be subject to all applicable provisions of Chapter 17.56 regarding non -conforming uses. 2. No addition to a residence in the S.6 zone which is otherwise non -conforming to the base zone district, and exceeding 25 percent of the existing floor area, may be permitted unless a Conditional Use Permit is obtained pursuant to Chapter 17.60. , a s s 3! : G. Leo N bA�C A� .Rroposed ZIO)e Change From R4 to RI/Sl Exit RESOLUTION NO. 100-85 RESOLUTION REJECTING BIDS AND STATING FINDINGS OF FACT FOR THE USE OF DAY LABOR - WATERLINE REPLACEMENT PROJECT NO. PW85-01 T H E C I T Y C O U N C I L City of Morro Bay, California WHEREAS, on October 14, 1985, the City Council of the City of Morro Bay considered the project cost and bids submitted for a waterline replacement project; and WHEREAS, based on the staff report submitted and the oral reports, the City Council makes the following findings of fact: 1. The project consists of the construction of 19,614 l.f. of waterline as follows: (a) 5,720 l.f. of 8-inch waterline; (b) 13,894 l.f. of 6-inch waterline; (c) Included within the waterline replacement is the replacement of 50 sub -standard fire hydrants. 2. Under the terms of the request for bids, all materials are to be supplied by the City of Morro Bay. 3. The Engineering Department of the City of Morro Bay has estimated the manhour.s required to install the underground waterline; estimated the direct and indirect salary costs relating to the City personnel required to install said line; estimated the equipment required to install the line and the reasonable rental value of such equipment; and WHEREAS, the Engineering Department has determined that the City, by day labor, can install the underground waterline at a cost of approximately $15.83 per l.f. The low bid equates to a unit cost of $30.07 per l.f. A detailed estimate of City's cost is attached as Exhibit "A". In making the necessary calculations, the Engineering Department relied upon the Department of Public Works' equipment rate schedule. Labor and equipment rates are based on maximum six -hour work days allowing two -hours per day to attend to other duties. Labor costs are taken from the City of Morro Bay's productive hourly rates schedule for public services; which is a cost allocation plan 3 RESOLUTION Page Two prepared annually by the City's Finance Department. Labor costs include gross hourly wages, hourly fringe benefits (which include PERS, health insurance, dental insurance, workers' compensation, vacation, sick leave, etc.), and overhead at 44%. It is assumed that City staff, consisting of a four -man crew in the field, can lay approximately 150 l.f., of waterline per day; and WHEREAS, total estimated forces = $310,432.00; and when performed WHEREAS, pursuant to such calculations, the Engineering Department has prepared an estimate of City's costs with respect to each of the bid items. A copy of that summary is attached as Exhibit "B"; and WHEREAS, the City Council further finds that in response to the request for. bids, City received three bids; the lowest bid being in the amount of $589,777.00 which amount is $279,345.00 more than the total estimated cost of proceeding by City forces; and WHEREAS, the City Council, determined that the City can proceed more economically to install the above -described waterline by day labor., has determined that the City of Morro Bay can save in excess of $279,000.00 by proceeding with City forces, and has determined that the City can meet each and all of the terms and conditions of the request for bid by use of City forces and determined therefore, to proceed by day labor, using City forces; and WHEREAS, included in these findings, and adopted as part of these findings, is the attached staff report and calculations based on engineering estimates. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Morro Bay hereby rejects all bids and elects to proceed by day labor with Project No. PW85-01 and adopt the foregoing findings of fact in support of this action. PASSED AND ADOPTED by the City Council of the City Bay at a regular meeting thereof held on the 14th day of 1985, by the following roll call vote: Kaltenbach, None Miller RESOLUTION 100-85 • Page Three ATTEST: • BUD ZEUSCRNER, Mayor 0 FORCE ACCOUNT BID ITEMS WATERLINE REPLACEMENT PROJECT PW 84-36-02 1. Mobilization L.S. @ -0- 2. Saw cut A.C. Pavement 49,120 l.f. @ $o.40/l.f 3. 8" ACP 5720 l.f. @ $5.80/l.f. 4. 6" ACP 13,894 l.f. @ $5.84/l.f. 5. F.H. Assemblies, 50 @ $270/each 6. Valves, etc., 136 @ $135/each 7. Single Service, 324 @ $144/each 8. Double Service, 35 @ $287/each 9. Relocate F.H. Assemblies, 4 @ $540/each 10. A.R.V. Assembly, 6 @ $253 each 11. Shoring L.S. 12. Trench Resurfacing 5459 s.y. @ $11.20/s.y. 13. Pressure and Leak Testing L.S. 14. Disinfection L.S. 15. Install Blow -off, 3 @ $550/ea. 16. Abandonments L.S. 17. Jacked Steel Casing 55 L.F. @ $110/l.f. Total Cost $310,432 19,614 l.f. _ $15.83/l.f. -0- $19,648 33,176 81,141 13,500 18,360 46,656 10,045 2,160 1,518 2,000 61,141 7,258 1,129 1,650 5,000 6,050 $310,432 DETAILED COST ESTIMATE WATERLINE REPLACEMENT PROJECT PW-84-36-02 Labor and equipment rates are based on maximum 6 hour work day, allowing 2 hr.s/day to attend to other. duties. Costs of equipment are taken from the Department of Public Works Equipment Rate Schedule. Backhoe: $10/hr. X 6 Hrs. _ $60.00/day Dump Truck: $8.50/hr. X 6 Hrs. _ $51.00/day 2 Service Trucks: $5.00/hr.. X 2 X 6 Hrs = $60.00/day Loader: $12.50/hr.. X 6 Hrs. _ $75.00/day EQUIPMENT TOTAL = $246/day Labor costs are taken from the City of Morro Bay's Productive Hourly Rate Schedule for Public Services which is a cost allocation plan prepared annually. These Labor Costs include gross hourly wages, hourly fringe benefits (which includes PERS, health insurance, dental insurance, worker's comp, vacation, sick leave, etc.) and overhead at 44%. These are FY 84/85 Rates, and will increase for. FY 85/86. Maint. Super.. @ $29.97/Hr.. X 6 Hrs. _ $179.82/Day Maint. Leadwkr @ $24.07/Hr. X 6 Hrs. _ $144.42/Day Maint. Wkr III @ $22.74/Hr. X 6 Hrs. _ $136.44/ Day Maint. Wkr II @ $21.40/Hr. X 6 Hrs. _ $128.40/Day TOTAL LABOR = $98.18/Hr. X 6 Hrs. _ $589/Day Dump Fees = 19,614 LF x 2'W x VD = 4359 CY @ 7 Yds Load = 623 Loads @ $8.00/Load = $4984 4984 •/. 19,614 LF = $0.25 LF Dump Fee City Staff can lay approximately 150 LF of waterline per day. 7 DETAILED COST ESTIMA • Page Two BID ITEMS: 1. Mobilization - No cost was assigned as work is to be performed with City -owned equipment which is already on hand. 2. Saw Cut Pavement Saw cut pavement at $0.40 per/lf X 49,120 LF = $19,648 TOTAL COST SAW CUT PAVEMENT = $19,648 3. Install B" ACP includes the costs for labor and equipment for excavation, installation, backfill, and removal of spoils and dump fees by City forces. 8" ACP: 5720 LF ; 150 LF/Day = 38 days Labor.: 4 Wkrs @ $589.00 per./Day X 38 Days _ $22,382 Equipment: Backhoe, dump truck, two service trucks and loader @ $246 per/day X 38 days = $9,348 Dump Fee: 5720 LF X $0.25 = $1430 $33,160 1 5720 = $5.80/LF TOTAL COST FOR B" ACP = $5.80/LF x 5720 = $33,176 4. Install 6" ACP includes the costs for labor and equipment for excavation, installation, backfill, and removal of spoils and dump fees by City forces. 6" ACP: 13,894 LF 1 150 LF/Day = 93 days Labor.: 4 Wkr.s @ $589.00/Day X 93 days = $54,777 Equipment = $246/Day X 93 days = $22,878 Dump Fee = 13,894 LF X $0.25 = $3,474 $81,129 ? 13,894 = $5.84/LF TOTAL COST FOR 6" AC = $5.84/LF X 13,894 = $81,141 N DETAILED COST ESTIMAQ • Page Three 5. Install fire hydrant assemblies includes the cost for labor and equipment for excavation, installation, thrust blocks, backfill, and removal of spoils and dump fees by City forces. Labor.: 4 Wkrs @ 2 Hrs per. Fire Hydrant $98 X 2 Hrs. X 50 Hydrants = $9,800 Equip: Backhoe @ $10/Hr.. X 2 Hrs. X 50 Hydrants = $1,000 Dump Truck @ $8.50/Hr. X 2 Hrs. X 50 Hydrants _ $850 Service Truck @ $5/Hr. X 2 Hrs. X 2 Trucks X 50 Hydrants = $1,000 Dump Fees: 14 Loads @ $8.00/Load = $112 Thrust Block: .25 CY Ea. X 50 Hydrants = 12.5 CY @ $60/Yd _ $750 $13,509 1 50 = $270 Ea. TOTAL COST OF HYDRANT ASSEMBLIES = $270 x 11 = $13,500 6. Install valves, tees, etc. Includes the same kinds of costs incurred in Item #6. Valves, etc. same as Fire Hydrant except 1 Hr. Ea. _ $135 Ea TOTAL COST OF VALVES, Etc. _ $135 X 136 = $18,360 7. Install single services. Labor: Maint. Wkr. II @ $21.40/Hr. X 2 Wkrs X 6 Hrs = $257 Equip: Service Truck @ $5/Hr. X 6 Hrs. _ $30 TOTAL COSTS = $287 Per Day Install 2 Services Per Day = $287 ; 2 = $144 Ea. TOTAL COST SINGLE SERVICES = $144 x 324 = $46,656 Vj DETAILED COST ESTIMA • Page Four. 8. Install double services. Same as single service except install 1 services per day = $287 Ea. X 35 = $10,045 TOTAL COST DOUBLE SERVICES = $10,045 9 Relocate F.H. Assemblies. Same as F.H. Assemblies x 2 TOTAL COST RELOCATE F.H.ASSEMBLIES = $270 x 2 $540 x 4 = $2,160 10. Install Air. and Vacuum Relief Assembly includes the costs for labor, and equipment for excavation, installation and backfill by City forces. Labor.: 4 Wkrs @ 2 Hrs. per. ARV $98 x 2 = $196 Equipment: Backhoe @ $10/Hr.. x 2 Hrs. _ $20 Dump Truck @ $8.50/Hr.. x 2 Hrs. _ $17 Service Truck @ $5.00/Hr. x 2 Hrs. x 2 = $20 $253 TOTAL COST ARV ASSEMBLY = $253 x 6 = $1,518 11. Shoring - Lump Sum TOTAL COST SHORING = $2,000 12. Trench resurfacing, includes the cost of materials, labor., and equipment for compaction and resurfacing. 19,614 LF 1040 LF/Day @ 8 Hrs/Day = 19 Days Materals: 5459 SY - 3" AC on 6" Class II Agg Base 3" AC: 5459 SY x 3' x 3' x 0.25 = 12,283 CF x 150#/CF = 921 Tons - 921 Tons AC @ $28/T = $25,788 9" Class II Agg Base: 5459 SY x .75/3 = 1,365 CY 1,365 CY Class II Base @ $10.07/Yd = $13,746 Cold Mix Temp. Pavement 1,240 LF X 2' X 0.12' = 298 CF X 150#/CF = 22.4 Tons _ $25.71/Ton X 22.4 Tons = $575 (10 Tons Per Load + $90 Haul Rate Per. Load) TOTAL COLD MIX TEMP. PAVEMENT = $575 + $270 = $845 DETAILED COST ESTIMA* • Page Five Equipment: Loader. @ $12.50/Hr. X 8 Hrs. X 19 Days = $1,900 Dump Truck @ $8.50/Hr. X 8 Hrs. X 19 Days = $1,292 2 Service Trucks @ $5/Hr.. X 2 X 8 Hrs. X 19 Days = $1,520 Spray Rig @ $5/Hr.. X 8 Hrs. X 19 Days = $ 760 Compactor @ $5/Hr. X 8 Hrs. X 19 Days = $ 760 Roller @ $5/Hr.. X 8 Hrs. X 19 Days = $ 760 Barricades: 10 Ea @ $0.10/Day X 365 Days = $ 365 Labor: Leadwkr @ $24.07/Hr X 8 Hrs X 19 Days = $3,659 3 Maint. Wkr. II @ $21.40/Hr X 3 X 8 Hrs X 19 Days = $9,758 $61,153 61,153 ; 5,459 SY = $11.20/SY TOTAL COST FOR TRENCH RESURFACING = $11.20/SY x 5459 SY = $61,141 13. Testing includes pressure testing of lines: Lump Sum Equip: 4 Hrs./Line x 36 = 144 Hrs. x $5.00/Hr = $ 720 Labor: 2 MW III $22.74/Hr.. x 2 x 144 Hrs. _ $6,538 TOTAL COST FOR TESTING = $7,258 14. Disinfection includes Health Department fees Lump Sum: Test: $20/Test x 36 Test = $ 720 Labor.: MW III $22.74/Hr. x 36 x 1/2 Hr./Test = 409 TOTAL COST FOR DISINFECTION $1,129 15. Install Blow -Off $550 Each x 3 = $1,650 11 DETAILED COST ESTIMAN Page Six 16. Abandonments Lump Sum 0. o.: 17. Jacked Steel Casing $110.00 x 55 L.F. _ $6,050 12 • 0 RESOLUTION NO. 99-85 RESOLUTION AWARDING REQUEST FOR PROPOSAL NO. PW85-210B FOR ONE NEW SMALL TRANSIT VEHICLE/DIAL-A-RIDE T H E C I T Y C O U N C I L City of Morro Bay, California WHEREAS, the City has been awarded a capital grant for the replacement of one transit vehicle pursuant to Section 18 of the Urban Mass Transportation Act (UMTA) of 1964 in an amount not to exceed $28,968; and WHEREAS, the City encumbered $7,242 from the FY 1984/85 Final Budget to fund the City's local share of the grant for the aforesaid transit vehicle; and WHEREAS, pursuant to UMTA Project Agreement No. 64D211 (Bus #2), the City has agreed that the vehicles will be used to provide public transportation service to a non -urbanized area of the State of California; and WHEREAS proposals for one new small transit vehicle/Dial-A- Ride were solicited pursuant to the aforesaid UMTA Project Agreement and Chapter. 3.08 of the Morro Bay Municipal Code; and WHEREAS, the City Council authorized on August 12, 1985 the transfer of $3,685.22 from funds available in Account No. 111- 0980-700/Transit Contingency Fund to Account No. 111-0770-442- 310/Dial-A-Ride Bus Purchase to consummate award of said proposal. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay to award request for Proposal No. PW85-210B for one new small transit vehicle/Dial-A-Ride to Wide -One Corporation of Anaheim, CA in the amount of $39,895.22. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof held the 14th day of October, 1985 by the following roll call vote: AYES: Kaltenbach, Risley, Sheetz, Zeuschner NOES: None ABSENT: Miller _ BUD ZEUSCHNER, Mayor - 5 - RESOLUTION NO. 98-85 A RESOLUTION AWARDING BID NO. RP-85-276 FOR A FOUR (4) WHEEL DRIVE HEAVY DUTY LAWN MOWER, T H E C I T Y C O U N C I L City of Morro Bay, California WHEREAS, The City is in need of a heavy duty, four (4) wheel drive commercial lawn mower; and, WHEREAS, three (3) firms responded to the City's requests for bids on the four (4) wheel drive lawn mower; and, WHEREAS, B. Hayman Co., Inc. of Santa Fe Springs, CA submitted a bid for $18,757.76; and WHEREAS, B. Hayman Co., Inc. of Santa Fe Springs, CA met all City minimum specifications for the four (4) wheel drive lawn mower; NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Morro Bay that B. Hayman Co., Inc. of Santa Fe -Springs, CA is the lowest responsible bidder and is hereby awarded the bid for Bid No. RP-85-276. PASSED AND ADOPTED by the City Council of the City of Morro Bay on this 14th day of October, 1985 by the following vote: AYES: Kaltenbach, Risley, Sheetz, Zeuschner NOES: None ABSENT: Miller ATTEST: ARDITH DAVIS DEPUTY CITY CLERK RESOLUTION NO. 97-85 A RESOLUTION ESTABLISHING A WAIVER PRIORITY FOR FACILITY USE FEES IN CITY FACILITIES 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 charges fees for all users of City recreational facilities in accordance with State of California law; and, WHEREAS, various organizations and individuals will require use of these facilities for functions that will directly benefit the City as a municipal corporation; and, WHEREAS, it is advantageous to the City that organizations or individuals that use City recreation facilities for functions that are intended to provide funds or improvements to City property and City -sponsored programs should not be charged a use fee. NOW, THEREFORE, BE IT RESOLVED that the Master Fee Schedule for building rental be revised to include the modification to Priority A groups as attached on "Exhibit A." BE IT FURTHER RESOLVED that the Recreation and Parks Director or his/her appointed representative shall be responsible for the granting of waivers under Priority A as attached on "Exhibit A" within the limits established in this resolution. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held on this 14th day of October, 1985 by the following vote: AYES: Kaltenbach, Risley, Sheetz, Zeuschner NOES: None ABSENT: Miller BUD ZEUS-(;ANER MAYOR ATTEST: ARDITH DAVIS DEPUTY CITY CLERK l'. m tzi M t-] t1i a M hi 0 0 0 t=i r 0 Hl H H L=] 0 n 0 a � �33 O z a z H H] � r z � c x H x to •i ~y O r a x a 3 00 y H r r O n x c� u r a yM o�oz coa Wa co CnH t+7 trJ °z co I H n z t7 z y vi tss � rn cn O 0 0 69 (yi Ut p �l Ut cn O MM 64 w J N r iA c 60 CT iA w t: n lus w yz J CA 0 0 0 r �0n CO n m = 3 z n H O toil m ,-r n ty E r� 0 0 0 n�H<Hwn H a z m z m" �-3 Z �3 Z 3 Kn<mw"� < 13W xoMO >H�l>Z�a0 tn0MZH "y zap -on > m > m z H x Mto -nn"m zz ozmo H to =Cyz H H r in X7 > Y H z rH n n C) 0 M z z0it2] z : zo M �c [tJ H H] nH O n az o �H O a r a ro � H 0 C H M rn y U C t2] C triro 9S t.jz L?O 1$ 9 z O z Ip GS �ts'fY z tij z 0z tzj zI zl 2 RESOLUTION NO. 96-85 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, CALIFORNIA, DENYING AN APPEAL AND UPHOLDING THE PLANNING COMMISSION'S DENIAL OF A TENTATIVE TRACT MAP AND COASTAL DEVELOPMENT PERMIT FOR A 13-LOT SUBDIVISION THE CITY COUNCIL City of Morro Bay, California WHEREAS, the Planning Commission of the City of Morro Bay, California, did on the 5th day of August 1985, continued from the 15th day of July, 1985, hold a duly noticed PUBLIC HEARING, after which they denied the request of Jack Loperena for a Tentative Tract Map and Coastal Development Permit for a 13-lot subdivision in the R-1 zone and located on the west side of Ironwood Avenue between Mimosa and Avalon; in the R-1 zone and located on the west side of Ironwood Avenue between Mimosa and Avalon; (APN: 68-341-04 through 06; City Case Nos. TM 1231, CDP 77-84R; and WHEREAS, on August 21, 1985, the applicant appealed the Planning Commission's action to the City Council; and WHEREAS, on September 10, 1985, the City Council of the City of Morro Bay did hold a duly noticed PUBLIC HEARING on said appeal; and WHEREAS, at said PUBLIC HEARING after considering the staff reports, the Planning Commission's report on this matter, and the testimony, both written and oral, of all persons wishing to testify, the City Council did find the Planning Commission's findings in this matter to be correct and thus justify denying the appeal. NOW, THEREFORE, BE IT RESOLVED, by the City Counci 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 on this matter; and 2. That the Council concurs with the findings of the Planning Commission on this matter as articulated in Planning Commission Resolution No. 52-85 and that these constitute the basis for denying the subject project. 3. That the Council does hereby deny the appeal and upholds the Planning Commission's denial of Tentative Tract Map and Coastal Development Permit No. 77-84R. 1 Resolution No. 96-85 Page Two PASSED AND ADOPTED, by the City Council of the City of Morro Bay at regular meeting hereof on the 23rd day of September, 1985, by the following roll call vote: AYES: Kaltenbach, Risley, Sheetz, Zeuschner NOES: Miller ABSENT: None BUD ,NMayor— 2 • RESOLUTION NO. 95-85 • A RESOLUTION AUTHORIZING REQUEST FOR SPECIAL USE PERMIT IN THE HARBOR FOR THE 1985 HARBOR FESTIVAL T H E C I T Y C O U N C I L City of Morro Bay, California WHEREAS, Morro Bay Municipal Code 15.12.020 requires City Council authorization of all special uses in the harbor; and, WHEREAS, the City of Morro Bay Harbor Festival Committee, Morro Bay Yacht Club and KKUS radio have made application for use of the harbor for three (3) events; a yacht race, long board paddle race and a sprint triathlon for October 5 and 6, 1985; and WHEREAS, all co-sponsors of these events have met all imposed conditions of approval; and WHEREAS, the Harbor Festival Committee has cooperated with the Public Works and Harbor Department staff to insure that the events will not conflict with normal harbor traffic; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Morro Bay concurs with the issuance of the special use permit and authorizes the Director of Recreation and Parks to issue a special use permit to the applicant. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held on this 23rd day of September, 1985 by the following vote: AYES: Kaltenbach, Miller, Risley, Sheetz, Zeuschner NOES: None ABSENT: None ATTEST: L�� cc" ARDITH DAVIS DEPUTY CITY CLERK Recreate n and Parks City of Morro Bay i PERMIT Nie) �1 APPLICATION FOR SPECIAL USE PERMIT GENERAL: NAME Sheetz Rose Marie DATE9/12/85 last first initial ADDRESS 1995 Trnnwnnd PHONE 772—'1fi29 home Morro Bay CA 93454 772-4727 work city state zip IF REPRESENTING AN ORGANIZATION, COMPLETE THE FOLLOWING: ORGANIZATION NAME City of Morro Bay Harbor Festival ComF EASE CHECK BOX I ]profit PURPOSE OF ORGANIZATION_ p1-QMot6 City and 1=aisgf-unds non-profit ,.for improvements at Morro Rock area IRS Number (if non-profit) Applicants relationship to Organization Charirperson of Steering Committee EVENT INFORMATION: WILL FEE BE CHARGED? [ yes [ Ino EVENT DATE 1r1•nhpr 5 F. fi 19—As If yes, please explain the purpose and amount of fee. EVENT TYPE sprint triathal�gQe, meeting, etc.) fees will be used to raise funds e HOURSBam —llaffin �pr triathlon for an improvement fund for the 1pm-3Amprfor paddleWbard race Morro Rock area . (please include preparation & clean-up time) 1pm-3pm for yacht club rVilf-Roholbeserved? I lyes [X]no Is electricity required? (]yes I$no ESTIMATED ATTENDANCE: 250 Adults %attending that are Morro Bay residents? 41712 75 Youth Will a live band be performing? ( I yes ( 4no 32 5 Total SITE INFORMATION: HARBOR CHANNEL AND SURROUNDING AREAS FOR YACHT CLUB RACES TO BE HELD SUNDAY FROM 1:00pm to 3:00 pm. SITE REQUESTED: COLffAN BEACH F�R TRJ�TV OnNt AND PADDLEBOARD RACE. I ]Yes . {I no City streets an or ar in areas must a close ( J yes j no Temporary structures are to be built for this event. ( I yes [A no Open flames, refueling of vehicles or other fire hazards do exist for this event. EQUIPMENT REQUESTED: Check all that apply [ ] chairs [ 1 cones j 1 barricades (J podium [ J kitchen utensils (J garbage cans [ ] tables [ ] flashers I I PA system [ ] bases [ ] scoreboard (J concession building ( other, specify F108t bUO t„ rU o fQ- I;r-J-RA:h'1An and _dd19 race only, AGREEMENT FOR USE OF CITY PROPERTY: The undersigned, herein known as the applicant, understands and agrees that he/she or the organization that he/she represents shall assume all risks for loss, damage, liability, injury, cost or expense that may occur during or as a result of the use listed above; the applicant further agrees that in consideration of permission to use the City property above; he, she or the organization will save, defend, and hold the City of Morro Bay and/or their employees free and harmless from any loss, claims, liability or damages, and/or injuries to persons and property that in any way may be caused by the applicants use or occupancy of said property, the applicant further agrees to be personally responsible for anydamage sustaine}e rounds, building, fixtures or equipment, as a result of their use of City property. The applicant further certifies that he 'has the rules on the reverse si and agrees to abide by them. Date �L Signature fit NOTE: his application must be accompanied by a per' it processing fee to4 onsidered for rbval. Deposit and fees due 15days prior to use. DEPARTMENT APPROVAL — Office Use Only Department (J yes [ ] no ( ] with conditions Signed: Conditions: 1. 2. 3. RECREATION AND PARKS SUMMARY — Do Not Write FEE.ASSIGNMENTS: FEE SUMMARY 4. @ $ = $ Deposit Required S 5. @$ =$ Total Fees $ 3. @ $ _ $ 6; @ $ = $ Amount Due S Permit Approved: Date Recreation and Parks Director White — Office Canary — Applicant Blue — Police Pink — Fire RESOLUTION NO. 94-85 • A RESOLUTION AWARDING THE ARCHITECTURAL DESIGN SERVICES CONTRACT FOR THE MORRO BAY COMMUNITY CENTER TO HALL HURLEY DEUTSCH, INC. T H E C I T Y C O U N C I L City of Morro Bay, California WHEREAS, the City is in need of a community center to serve the needs of the entire community,.young and old alike; and, WHEREAS, the City requires an architect to design such a building who has extensive experience in community center design; and, WHEREAS, after careful review of interested parties submitting proposals, Hall Hurley Deutch, Inc. of Santa Maria was selected as most capable of offering design services to the City; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay that the contract for architectural services is awarded to Hall Hurley Deutsch, Inc. BE IT FURTHER RESOLVED that the Mayor is authorized to sign the contract hereto attached and marked Exhibit "A," PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held on this 23rd day of September, 1985 by the following vote: AYES: Kaltenbach, Miller, Risley, Sheetz, Zeuschner NOES: None ABSENT: None �40�-*-Vw BUD ZEUSCITRER MAYOR ATTEST: RESOLUTION NO. 93-85 RESOLUTION OF THE CITY COUNCIL OF CITY OF MORRO BAY APPROVING THE APPLICATION FOR GRANT FUNDS UNDER THE REGIONAL.COMPETITIVE PROGRAM.OF THE CALIFORNIA PARK AND RECREATIONAL FACILITIES ACT OF 1984 FOR REHABILITATION OF THE VETERAN'S HALL T H E C I T Y C 0 U N C I L City of Morro Bay, California, WHEREAS, the people of the State of California have enacted the California Park and Recreational Facilities Act of 1984, which provides funds to the State of California and its political subdivisions for developing facilities for public recreational 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 before submission of said applications to the. state; and. WHEREAS, said applications contain assurances that the applicant must comply with;_and WHEREAS, the applicant agency will enter into an agreement with the State of California for development, rehabilitation or restoration of the project; NOW, THEREFORE, BE IT RESOLVED that the City Council hereby approves the filing of an application for 1984 state grant assistance for a community center;.and certifies the City understands the assurances and certification in the application; and.certifies the City has or will have sufficient funds to operate and maintain the project; and certifies that construction plans and specifications will be presented to the state within one year of the application of funds, under this program with work immediately commencing upon state approval. BE IT FURTHER RESOLVED that the City Council appoints the City Administrator as agent of the City of Morro Bay to conduct all negotiations execute and submit all documents including but not . limited to applications, agreements, amendments, payment requests, And so on, which may be necessary for the completion of a community center project. RESOLUTION NO. 93-85 CITY OF MORRO BAY PAGE 2 PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held on this 23rd day of September, 198r by the,following vote: AYES: Kaltenbach, Miller, Risley, Sheetz, Zeuschner NOES: None ABSENT: None BUD ZEUSCnNER r MAYOR ATTEST: i ARDITH DAVIS DEPUTY CITY CLERK RESOLUTION NO. 92-85 RESOLUTION OF THE CITY COUNCIL OF CITY OF MORRO BAY APPROVING THE APPLICATION FOR GRANT FUNDS UNDER THE REGIONAL.COMPETITIVE PROGRAM OF THE CALIFORNIA PARK AND RECREATIONAL FACILITIES ACT OF 1984 FOR IMPROVEMENTS TO MORRO.BAY CITY PARK T H E C I T Y C O U N C I L City of Morro.Bay, California WHEREAS, the people of the State of California have enacted the California Park and Recreational Facilities Act of 1984, which provides funds to the State of California and its. political subdivisions for developing facilities for public recreational 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 before submission of said applications to the state; and.. WHEREAS, said applications contain assurances that the applicant must comply with.; and WHEREAS, the applicant agency will enter into an agreement with the State of California for development, rehabilitation or restoration of the project; NOW, THEREFORE, BE IT RESOLVED that the City Council hereby approves the filing of an application for 1984 state grant assistance for a community center; and certifies the City understands the assurances and certification in the application; and certifies the City has or will have sufficient funds to operate and maintain the project; and certifies that construction plans and specifications will be presented to the state within one year of the application of funds under this program with work immediately commencing upon state approval. BE IT FURTHER RESOLVED that the City Council appoints the City Administrator as agent of the City of Morro Bay to conduct all negotiations execute and submit all documents including but not limited to applications, agreements, amendments, payment requests, and so on, which may be necessary for the completion of a community center project. RESOLUTION NO. 92-85 CITY OF MORRO BAY PAGE 2 PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held on this 23rd day of September, 1984 by the following vote:. AYES: Kaltenbach, Miller, Risley, Sheetz, Zeuschner NOES: None ABSENT: None r04 !, �W-W :S• „ MAYOR ATTEST: A'RDITH DAVIS DEPUTY CITY CLERK RESOLUTION NO. 91-85 RESOLUTION OF THE MORRO BAY CITY COUNCIL APPROVING THE INTERIM FRANCHISE AGREEMENT BETWEEN SONIC COMMUNICATIONS AND 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 currently has a cable television franchise with Sonic Communications; and WHEREAS, said franchise expires September 15, 1985; and WHEREAS, it would be in the best interests of the citizens of Morro Bay to temporarily continue such cable television service; and WHEREAS, Sonic Communications is in agreement that such services should be continued on an interim basis. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay that the Mayor and City Clerk are hereby authorized to sign the attached Interim Franchise Agreement on - behalf of the City of Morro Bay to secure continued cable services as outlined in the attached agreement. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting of said Council held on the 10th day of September, 1985, by the following vote of said Council: AYES: Kaltenbach, Miller, Sheetz, Zeuschern NOES: None ABSENT: Risley BUD ZEUS HN R, Mayor nmmFcm. INTERIM FRANCHISE AGREEMENT This Agreement made and entered into 12th day of September , 1985, by and between the City of Morro Bay, a duly authorized municipal corporation (the "City") and Sonic Communications, a California corporation ("Sonic"). WHEREAS, Sonic has operated a cable television system ("System") in the City pursuant to a franchise agreement entered into between Central California Communications Corporation and the City of Morro Bay by Ordinance Number 28, dated September 14, 1965, as amended by ordinance Number 128, dated October 14, 1974, as further amended by ordinance Number 146, dated March 8, 1976, and as further amended and assigned to Sonic Cable TV ("Sonic") by Ordinance Number 151, dated February 28, 1977; and WHEREAS, the franchise pursuant to which Sonic has operated its System expires on September 15, 1985; and WHEREAS, Sonic has requested that its franchise be renewed by the City; and WHEREAS, the City Council has determined that the public interest would be served by negotiating a renewal of the franchise to Sonic; and WHEREAS, Sonic and the City are in the process of negoti- ating and drafting a renewal Franchise Agreement; and WHEREAS, the City Council has determined that the public interest would be served by granting to Sonic an interim franchise to operate for a period not to exceed one hundred twenty (120) days from September 15, 1985, pending finalization of the renewal Franchise Agreement; NOW THEREFORE, the City and Sonic do hereby agree as follows: 1. The City hereby grants to Sonic a nonexclusive franchise to provide the services of its System for an interim period not to exceed one hundred twenty (120) days from September 15, 1985, pending finalization of the renewal Franchise Agreement. 2. In connection with this interim franchise, the City hereby grants to Sonic the use of all public rights -of -way in the service areas owned, operated, reserved, leased or licensed to the City to be used by Sonic in providing the services of its System. 3. Sonic shall pay to the City a sum equal to five percent of its annual gross revenues of the System that Sonic will operate in the City for this one hundred twenty (120) day period. 4. The City agrees that as of the effective date of this Agreement, in accordance with Section 623 of the Cable Communica- tions Policy Act of 1984, the rates to be charged _by Sonic 4or its services shall not be subject to regulation by the City. 5. Except as''specifically modified and provided for in this Interim Franchise -^Agreement, and to the extent permissible under the Cable Communications Policy Act of 1984, each and all of the other terms, provisions, and conditions of the franchise established by Ordinance Number 28, as. amended and assigned to Sonic shall be adopted by the parties to this Agreement and shall be effective during this one hundred twenty (120) day interim period. 6. It is mutually agreed by City and Sonic that when a renewal Franchise Agreement is reached and entered into by the City Council of the City of Morro Bay, the terms and conditions of this Agreement shall be null and void. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting of said Council held on the loth day of September , 1985, by the following vote of said Council: AYES: Kaltenbach, Miller, Sheetz, Zeuschner NOES: None .,_ , ABSENT: Risley SONIC C TELEVISION CHR O ER COHAN President Dated: September 12, 1985 ATTES W JO N CRIBB Geftefal Manager CITY OF.MORRO BAY BUD ZEUSC Mayor Dated: September 11, 1985 - 2 - RESOLUTION NO. 90-85 RESOLUTION ESTABLISHING PROCEDURE TO QUALIFY AS A COMMERCIAL VESSEL FOR THE PURPOSE OF LEASING CITY DOCKING FACILITIES THE CITY COUNCIL City of Morro Bay, California WHEREAS, Morro Bay Municipal Code Section 15.04.150 defines vessels of a commercial nature; and WHEREAS, MBMC Section 15.32.010 establishes the policy that the City shall rent or lease all City facilities at docks, wharves and piers primarily to those vessels of a commercial nature. NOW, THEREFORE, BE IT RESOLVED by the City Council, City of Morro Bay, that any vessel attempting to qualify as a commercial vessel under the criteria of having fished sixty (60) days during the calendar year shall submit proof of having actually fished for sixty (60) days in the following manner: 1. By fuel receipts clearly indicating the date of purchase and the owner's name and/or vessel's name and/or registration number of the vessel. 2. By presenting Fish and Game tickets for the sale of fish which will be credited on the basis of one ticket for every two days' fishing credit. 3. A copy of an official float plan filed with the Morro Bay Police Department, Morro Bay Harbor Department, U.S. Coast Guard, or any official agency of another West Coast port. Credit shall be given for the actual number of days filed on the float plan. The float plan shall be cancelled with the Harbor Department or the Coast Guard upon return of the vessel to Morro Bay for the float plan to be considered valid. 4. Any combination of the above proof of fishing statement, provided there is sufficient proof of separate incidents. The Harbor Director, or his appointee, shall be responsible for evaluating the proof of fishing and making the determination as to whether or not this proof indicates that the vessel has been actively worked for sixty (60) days during the preceding calendar year. 3 • I RESOLUTION NO.9Q-85 Page Two A waiver from the requirement to qualify as a commercial vessel for a given calendar year may be granted by the Harbor Director upon filing of an official written request by the lessee. The Harbor Director shall evaluate the request and determine whether or not the waiver shall be approved. Not more than one waiver shall be granted to a lessee in a five-year period. Any person who wishes to appeal the decision of the Harbor Director regarding the waiver may do so to the Morro Bay Harbor Commission by filing an official written statement with the Harbor Director not later than fifteen (15) days after the Harbor Director's determination. The Harbor Commission shall review all appeals within thirty (30) days of the date of filing, and shall render a decision regarding the appeal within fifteen (15) days following close of the appeal hearing. Any person who wishes to have the City Council review the hearing record of the Harbor Commission's decision regarding an appeal may do so by submitting a request to the Harbor Director within fifteen (15) days following receipt of the Harbor Commission's findings. Review by the City Council will constitute a review of the record only, and no new hearing will be conducted. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof held the loth day of September 1985 by the following vote: AYES: Kaltenbach, Miller, Sheetz, Zeuschner NOES: None ABSENT: Risley n G ►I BLFD ZEUSQI&ER, Mayor RESOLUTION NO. 89-85 A RESOLUTION APPROVING THE APPLICATION FOR FUNDS UNDER THE CALIFORNIA SENIOR CENTER BOND ACT OF 1984 FOR THE MORRO BAY COMMUNITY/SENIOR CENTER T H E C I T Y C O U N C I L City of Morro Bay, California WHEREAS, the people of the State of California have approved the Senior Center Bond Act of 1984, which provides funds to public and private non-profit agencies for the purpose of acquiring, constructing, altering or renovating senior centers and purchasing equipment or funding startup costs for senior centers; and WHEREAS, the California Department of Aging has been delegated the responsibility for the administration of the program, setting up necessary procedures governing applications by public and non-profit groups under the program; and WHEREAS, said procedures established by the California Department of Aging require the applicant to certify by resolution the approval of applications prior to submission of said application to the State'; and WHEREAS, the project(s) applied for under this program must be of a high priority and satisfy the most urgent need with priority on unmet senior center needs from rural, low income and racial or ethnic minority areas; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Morro Bay, California does hereby 1. Approves the filing of an application for funding under the Senior Center Bond Act of 1984; 2. Certifies that the senior center will be available for use by all senior citizens; 3. Certifies that said agency has or will have sufficient funds or other resources to operate and maintain the senior center funded under this program; and RESOLUTION NO. 89-85 - Page 2 4. Certifies that said agency has or will have available prior to commencement of any work on the project(s), matching money from a non-federal or non -state source; and 5. Certifies that said agency will comply with all federal, state, and local environmental, public health, relocation, affirmative action, and clearinghouse requirements and all other appropriate codes, laws and regulations applicable to the project; and 6. Certifies that the project(s) included in this application conform .to the Area Plan on Aging for the Planning and Service Area in which the senior center is located; and 7. Appoints the City Administrator as agent of the City of Morro Bay, California to conduct all negotiations, execute and submit all documents including, but not limited to, applications, agreements, amendments, payment requests, reports, and so on which may be necessary for the completion of the aforementioned project(s). PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held on this loth day of September, 1985 by the following vote: AYES: Kaltenbach, Miller, Sheetz, Zeuschner NOES: None ABSENT: Risley BUD ZEUSCMNER, Mayor ATTEST: CITY OF MORRO BAY SENIOR CENTER BOND ACT APPLICATION FOR FUNDS ASSURANCES The applicant hereby gives assurance and certifies with respect to the contract that: It possesses legal authority to apply for the award, and to finance, acquire and construct the proposed project; that a resolution, motion or similar action has been duly adopted or passed as an official act of the applicant's governing body, authorizing the filing of the application, including all understandings and assurances contained therein, and directing and authorizing the person identified as the official representative of the applicant to act in connection with the application and to provide such additional information as may be required. It will provide and maintain competent and adequate architectural engineering supervision and inspection at the construction site to insure that the completed work conforms with the approved plans and specifications; that it will furnish Progress reports and such other information as the State may require. It will give the State's authorized representative access to and the right to examine all records, books, papers, or documents related to the senior center. It will cause work on the project to be commenced within a reasonable time after receipt of notification from the State that funds have been approved and that the project will be pursued to completion with reasonable diligence. It will not dispose of or encumber its title or other interests in the site and facilities without permission from the California Department of Aging. It will comply where applicable with provisions of the California Environmental Quality Act and any other State, and/or local laws, rules and/or regulations. In cases involving acquired, leased, constructed, altered or renovated property, it agrees to maintain and operate the property and/or facilities acquired or developed for an agreed to period commensurate with the type of project and the proportion of Senior Center Bona Act funds and local funds allocated to the capital costs of the project. SIGNED: BUD ZEU MAYOR September 11, 1985 DATE RESOLUTION NO. 88-85 RESOLUTION OF THE MORRO BAY CITY COUNCIL PROPOSING THE LEAGUE OF CALIFORNIA CITIES INITIATE A STATEWIDE BALLOT INITIATIVE REGARDING JOINT AND SEVERAL LIABILITY T H E C I T Y C O U N C I L City of Morro Bay, California WHEREAS, the joint and several liability rule has had a profoundly negative effect on local government and its citizen/ taxpayer; and WHEREAS, the dramatic financial strain on cities is being borne by all taxpayers; and WHEREAS, special interest groups have a vested interest in defeating any legislation proposed to relieve the "deep pockets" syndrome; and WHEREAS, liability insurance premiums have escalated to a point where local government either cannot afford to purchase the necessary coverage, or cannot obtain the necessary coverage; and WHEREAS, SB 500 and SB 575, previously introduced as a means of equitable relief for the "deep pockets" problems, have both been defeated in Committee. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Morro Bay does hereby support and encourage the General Assembly of the League of California Cities assembled in Annual Conference in San Francisco, October 8, 1985, to have the League of California Cities initiate a statewide ballot initiative based on SB 500 (Beverly) and SB 575 (Foran/Beverly); BE IT FURTHER RESOLVED, that local government officials throughout California be urged to actively support this legisla- tion and that the League of California Cities solicit support from groups such as, but not limited to, the Chamber of Commerce, the California Medical Association, the Association for California Tort Reform, and the American Insurance Industry, as well as the general population, urging them to support legis- lation aimed at relieving the financial strain imposed not only on local government, but also on taxpayers as well. Resolution No. 88-85 Page Two PASSED AND ADOPTED by the Morro Bay City Council at a regular meeting thereof held on the 26th day of August, 1985, by the following vote: AYES: Kaltenbach, Miller, Sheetz, Risley NOES: None ABSENT: Zeuschner BRUCE RISLEY, Mayor'Pro Te ATTEST: RESOLUTION NO. 87-85 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, CALIFORNIA, DENYING AN APPEAL AND UPHOLDING THE PLANNING COMMISSION'S ACTION TO DENY A TENTATIVE PARCEL MAP, COASTAL DEVELOPMENT PERMIT AND RELATED VARIANCE THE CITY COUNCIL CITY OF MORRO BAY WHEREAS, the Planning Commission of the City of Morro Bay, California, did on January 21, 1985, continued from January 7, 1985, hold a duly noticed public hearing to consider the request of James Chambers, et.al. for a tentative parcel map, coastal development permit and related variance from minimum lot area and minimum lot width requirements for property located at 670 Olive more particularly described as: APN 66-342-16 & 17 Portion Lots 1 & 21 Block H Cerrito Subdivision WHEREAS, after said hearing, the Planning Commission did act to deny the subject request; and WHEREAS, on January 31, 1985, the original applicants did file a timely appeal of the Planning Commission's action to the City Council; and WHEREAS, the City and the appellant mutually agreed to postpone consideration of said appeal until further information on a related request was sought; and WHEREAS, on August 12, 1985, the City Council of the City of Morro Bay, did hold a duly noticed public hearing on the subject appeal which had been reactivated after the aforementioned information had been obtained and considered; and WHEREAS, at said public hearing, after considering the staff reports, the Planning Commission's report on this case, and the arguments of all persons who testified, both in writing and orally, the Council did find the following facts and reasons to justify denying the appeal and upholding the Planning Commission's action: 1. That there are no special circumstances applicable to the subject property, including size, shape, topography or surroundings, such that the strict application of the subdivision ordinance would deprive the subject property of privileges enjoyed by other properties in the same vicinity and zone, and therefore, a variance from the standards in the subdivision ordinance is not justified; and 1 2. That lacking such special circumstances, a variance from said standards would constitute the grant of a special privilege; and 3. That grant of such a variance and to allow the requested division would constitute an unwanted precedent in this neighborhood in that such a division would adversely affect the neighborhood character enjoyed by property -owners and residents in this vicinity; and 4. That the intent of the variance provisions of the subdivision ordinance is to allow reasonable adjustments to the usual standards in special circumstances which would not be out -of -character with or adversly affect the neighborhood; and 5. That, therefore, in this particular case, the requestd variance and division would not carry out the spirit and intent of the subdivision ordinance; and, thus, the variance and division should not be granted; and 6. That lacking a land division, further analysis of the coastal permit consideration is moot. 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 deny the appeal and does uphold the Planning Commission's denial of Case No. Tentative Parcel Map MB 83-232. PASSED AND ADOPTED, by the City Council of the City of Morro Bay, at a regular meeting held thereof on the 26th day of August, 1985" by the following roll call vote: AYES: Kaltenbach, Sheetz, Risley NOES: Miller ABSENT: Zeuschner 4-U 6:t� 4�_ BRUCE R3SLEY- Mayor Pro Te 2 n RESOLUTION NO. 86-85 RESOLUTION AMENDING THE BY-LAWS OF THE REFUSE COLLECTION FRANCHISE BOARD THE CITY COUNCIL City of Morro Bay, California WHEREAS, the City Council adopted, on December 10, 1984, Resolution No. 121-84 adopting By -Laws of the Refuse Collection Franchise Board (RCFB); and WHEREAS, the RCFB approved at its meeting of August 2, 1985 proposed amendments to said By -Laws, attached hereto as "Exhibit A" and incorporated herein by reference, for submittal to the City Council for adoption. NOW, THEREFORE, BE IT RESOLVED by the City of Morro Bay City Council to amend the By -Laws of the Refuse Collection Franchise Board as indicated in "Exhibit A". PASSED AND ADOPTED by the City Council of the City of Morro Bay at the regular meeting thereof held the 26th day of August, 1985 by the following roll call vote: AYES: Kaltenbach, Miller, Sheetz, Risley NOES: None ABSENT: zeuschner 16V BRUCE RISLEY, Mayor Pro Tem ATTEST: REFUSE FRANCHISE BOARD EXHIBIT A BY-LAWS AUTHORITY AND PURPOSE Pursuant to Section 8.16.400 of the Morro Bay Municipal Code, a Refuse Franchise Board comprised of at least five (5) City residents who are registered voters within the City may be appointed by and to serve at the pleasure of the City Council to conduct certaidr business relating to mandatory refuse collection. APPOINTMENTS Appointments for the board and the filling of vacancies shall be made by the City Council. TERMS OF OFFICE Members of the board shall serve for a period of four years, commencing November 23, 1981. The term of office of one member shall expire on December 31, 1982 and every four years thereafter; the term of office of two members shall expire December 31, 1983 and every four years thereafter; and the term of office of the remaining two members shall expire on December 31, 1984, and every four years thereafter. Vacancies shall be filled for the unexpired term only. QUALIFICATIONS The regular members of the Refuse Franchise Board shall be registered voters within the City of Morro Bay and shall serve without compensation. The members of the board shall hold no other public office in the City. ABSENCE FROM MEETING Absence of a board member from three consecutive meetings without the formal consent of the Board as noted in its official minutes will constitutes the voluntary resignation of sueh the absent member and the position shall be declared vacant. REFUSE FRANCHISE BOARD BY-LAWS PAGE TWO ORGANIZATION At its first regular meeting following January 1st of each year, the members of the board shall elect a chairperson and a vice chairperson, who shall hold office for one year. The chairperson shall preside over meetings, appoint appropriate sub -committees, and direct the affairs of the board. In the absence of the chairperson, the duties of this office shall be performed by the vice chairperson. s � - QUORUM A majority of members of the Refuse Franchise Board constitutes a quorum. TOR Regular meetings of the Re -fuse Franeh}se Beard shall be held at the City Hall Gen€erenee ReemT 595 Harber StreetT Merre BayT en the first Friday e€ eaeh month at ls30 ptmt er the next eueeeeding day whleh is net a hel}day. The Refuse Franchise Board shall set a time and place for regular meetings which will be held at least once a month. Regularly scheduled meetings shall net may be cancelled or rescheduled. Notices for cancelled and special meetings shall be .properly posted. if it is determined by Staff that there are me items e€ business to be eehedeled for the Refuse Beard meeting at the time when City staff prepares the Refuse agendaT the members of the beard shall be as in€ermed and their attendanee will net be neeeseary en that meeting dater Staff will briefly attend the meeting leeatien and sell re}l as a matter of fermalityt The meeting shall be ad3eurned due to laek of a queram. Under these eireumetaneesT the beard eanT by met}en at their next regular meetingT exeuse their abseneee from the prier meeting. The Refuse Board may schedule special meetings for the purpose of conducting studies. Notices for special meetings shall be properly posted. The Chairperson may close regular and special meetings to public comment. CITY STAFF The Director of Public Works or his official delegate shall be responsible for preparing agendas, reports and minutes pertaining to Refuse Franchise Board business and shall attend the board meetings. REFUSE FRANCHISE BOARD BY-LAWS PAGE THREE ROBERTS' RULES OF ORDER In all matters and things not otherwise provided for in the by- laws, the proceedings of the board shall be governed by "Roberts' Rules of Order", revised edition. However, no ordinance, resolution, proceeding, or other action of the City Council pertaining to the board shall be invalidated, or the legality thereof otherwise affected, by the failure or omission to observe or follow said rules. DUTIES OF THE REFUSE FRANCHISE BOARD The duties and responsibilities of the Refuse Collection Franchise Board shall be: A. Act in an advisory capacity to the City Council in matters pertaining to refuse collection, administration, complaints and problems; B. Recommend policiesand regulatory procedures on refuse collection for approval by the City Council;' C. Make periodic surveys of refuse collection services and rates that exist or may be needed and ascertain the needs of public for said services. D. Make periodic appraisals of the effectiveness of the refuse collection services. E. In the event that a formal recommendation from the Refuse Collection Franchise Board to the City Council is not based upon a unanimous approval, the board should present Council with the minority view on the issue either in the report and/or minutes. BY-LAWS AMENDMENTS All amendments for the Refuse Franchise Board By -Laws shall be proposed by the Refuse Franchise Board and approved by the City Council. RESOLUTION NO. 85-85 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, CALIFORNIA RELATING TO THE CLASSIFICATION, COMPENSATION, AND TERMS OF EMPLOYMENT OF EXECUTIVE EMPLOYEES OF THE CITY OF MORRO BAY T H E C I T Y C O U N C I L City of Morro Bay, California WHEREAS, in accordance with the provisions of the California Government Code Section 3500 et. 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 executive employees of the City; and WHEREAS, the meeting between the executive employees and the City has resulted in a mutual agreement and understanding to recommend that the executive 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 executive 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 Morro Bay at a regular meeting thereof held this 12th day of August, 1985, by the following vote: AYES: Kaltenbach, Miller, Risley, Sheetz, Zeuschner NOES: None ABSENT: None BUD ZEUSCHRtR, Mayor ATTFCT- 0 RESOLUTION NO. 84-85 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, CALIFORNIA, DENYING AN APPEAL AND UPHOLDING THE PLANNING COMMISSION'S APPROVAL OF A TENTATIVE TRACT MAP, CONDITIONAL USE PERMIT AND COASTAL DEVELOPMENT PERMIT FOR A NINE -UNIT CONDOMINIUM PROJECT 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 6th day of May, 1985, continued from the 15th day of April, 1985, hold a duly noticed PUBLIC HEARING, after which they approved with conditons the request of Joe Machock et.al. for a Tentative Tract Map, Conditional Use Permit and Coastal Development Permit for a nine -unit condominium project in the R-4 zone and located at the southwest corner of Yerba Buena and Main Streets. (APN: 65-084-18; City Case Nos. TM 1288, CUP 17-85, CDP 10-85R); and WHERAS, on May 10, 1985, the Concerned Citizens Home -owners Committee appealed the Planning Commission's action to the City Council; and WHEREAS, on July 8, 1985, continued from June 24 and June 10, 1985, the City Council of the City of Morro Bay did hold a duly noticed PUBLIC HEARING on said appeal; and WHEREAS, at said PUBLIC HEARING after considering the staff reports, the Planning Commission's report on this matter, and the testimony, both written and oral, of all persons wishing to testify, the City Council did find the following facts and reasons to justify denying the appeal: TENTATIVE TRACT MAP: That based on the analysis contained in the various staff reports as well as public testimony: 1. The proposed subdivision, as conditoned, is consistent with the Morro Bay General Plan, Coastal Land Use Plan and applicable zoning measures; and 2. The design of the subdivision and the type of improvements, as conditioned, will not cause significant public health problems or environmental impacts, and 3. The site is physically suitable for the type of development proposed; and 4. The proposed subdivison is consistent with meeting the Resolution No. 84-85 Page Two housing needs of the region. CONDITIONAL USE PERMIT AND COASTAL DEVELOPMENT PERMIT That based on the analyses contained in the various staff reports, as well as public testimony: 1. The use requested is properly one for the R-4 and ESH zones and is consistent with the policies of the Morro Bay General Plan and Local Coastal Program (LCP), including the implementing ordinances; and 2. Conformance with the LCP is further detailed in Appendix "A" attached hereto; and 3. That establishment, maintenance or operation of the requested use will not, under the circumstances of this case, be detrimental to the community. 4. The use requested as conditoned in this case will not be injurious or detrimental to property and improvements in the neighborhood or the general welfare of the City. 5. The proposed project meets all the provisions of the Zoning Ordinance including Chapter 17.49 related to Community Housing projects; and 6. The requirements of the California Government Code Sections 6673.5 and 66474 have been satisfied; and 7. The overall design and physical conditions of the project will result in a project which is aesthetically attractive, safe and of quality construction. 8. That in light of the cost of public improvements and small size of the proposal it is not economically feasible to provide housing for low or moderate income families in conjunction with this project. 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 on this matter; and 2. That the Council does hereby deny the appeal and upholds the Planning Commission's approval of Tentative Tract Map 1288, conditional Use Permit No. 17-85 and Coastal Development Permit No. 08- 0 0 Resolution No. 84-85 Page Three 85R, subject to all the same conditions attached hereto; and 3. That new information was presented at the time of the appeal regarding ownership of the Whidbey Street right-of-way. While this information did not result in a substantial alteration to the project approved by the Planning Commission, it did warrant modification to some of the conditions of approval. Said modified conditions are attached hereto. PASSED AND ADOPTED, by the City Council of the City of Morro Bay at regular meeting held hereof on the 28th day of October 1985, by the following roll call vote: AYES: Miller, Sheetz, Zeuschner NOE: Kaltenbach, Risley ABSENT: None BUD ZEUSCF , Mayor ATTEST: 1 u APPENDIX "A" CASE NO. CDP 10-85R Findings related to conformance with Local Coastal Program. The Coastal Land Use Plan designates this part of the City for mixed -uses, including high density residential projects, such as this one. This designation is implemented in this case with an R-4 zone which allows one unit/1,600 feet; again the proposed project meets this density. The following discusses specific policies of the LUP especially relevant to the case, and supplements the analysis in the various staff reports: LUP Policy 3.01 requires that development be approved only if the City finds that water services are available to serve the proposed use. Prior to issuance of the CDP and construction of the project, all necessary water equivalencies must be obtained. Policies 3.01 and 3.02 require new water service to be awarded subject to priorities and procedures incorporated in the Water Allocation Model and the award of the necessary equivalencies will- be granted only in accordance with that model. Policy 3.07 requires water -saving devices to be incorporated in all new development and this is included among the recommended conditions of approval. Policy 9.01 requires new development to be located to minimize risks to life and property associated with flood conditons. The subject site is partially located within the 100 year flood zone. All habitable areas will be located above the flood zone and the buildings themselves located outside the flood zone. Policy 9.03 requires development in the flood plain to meet requirements of HUD for flood areas. The buildings themselves appear to be outside the 100-year flood zone and must, in any case, meet all HUD requirements incorporated into the City's Flood Hazard Area Permit regulations which must be satisfied pursuant to the conditons of approval. Policy 9.02 requires new development to not create or contribute to erosion or instability; with the setbacks incorporated into the project and the drainage plan required by the conditions of approval, no erosion or instability should occur. Design and construction details of the project are of course subject to approval of a building permit to be reviewed by the City Building Division to ensure structural soundness and site stability. Policy 9.05 requires cut and fill operations to be minimized and Policy 9.06 requires new development to fit site features and new structures to conform to natural grade. In this case no slope cut or fill is proposed, although excavation is necessary to supply the semi -subterannean parking required for the project. The slope of the property is not modified and the height of the buildings are lowered to keep in scale with the neighborhood. Portions of the site in the 100 year flood zone are in open space. C� Appendix "A" - Page Two Policy 9.07 through 9.09 place requirements on grading operations; grading permits are issued in conjunction with construction permits and are subject to those standards. Policy 9.10 requires adequate drainage and a drainage plan approved by the City Engineer is included in the conditions of approval. Policies 11.01 and 11.02 and 11.07 require development adjacent to sensitive habitat areas to protect habitat values. In this case the project incorporates a conservation easement along the creek which will protect riparian habitat values. Policy 11.14 requires a minimum 25 foot buffer along stream corridors in urban areas. Despite several precedents for reducing this requirements, the project does incorporate a 25- foot setback for buildings and in most areas the setback is significantly greater. Policy 11.15 allows bridges across streams if supports do not extend into the critical habitat areas. In this case a pedestrian bridge is proposed because a conventional sidewalk is deemed infeasible. Policies 12.01 and 12.02 require that new development protect existing significant public views and be visually compatible with the surrounding areas. This project will not interfere with any public views of the shoreline. The building separations and setbacks in the east -west exits are greater than prescribed in the nearby single family residences. Thus, the project results In more open space, landscaping, and better and larger view corridors than would be provided by typical single family development in this part of the City. There are several policies in the LUP encouraging public access to the shore and increased recreation opportunities. These are indirectly related to the project in that the proposed offsite imporovements would supply an improtant link in the Main Street pedestrian circualtion route utilized by numerous residents and vistiors to reach Atascadero State Beach, as well as a new passive recreation area. With regard to conformance with the implementing zoning, the project as conditioned meets all applicable provisions of the R-4 ESH and Community Housing standards, as discussed in the various staff reports. In summary, the project with conditions is in conformance with the LCP. CONDITIONS OF APPROVAL CASE NOS: CUP 17-85, CDP 10-85R Tentative Tract Map 1288 STANDARD CONDITIONS 1. The Conditional Use Permit, Coastal Development Permit and Tentative Tract Map are granted for the land described in the application and any attachments thereto, and as shown on the revised plot plan, elevations and tentative tract map submitted and labeled Exhibits "A" through "E". The locations of all buildings and other features shall be located and designed substantially as shown on the aforementioned exhibits, unless otherwise specified herein. 2. Unless the construction of the structure or facility is commenced not later than 12 months after the date of filing the final tract map 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. 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. 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 Planning Commission. SPECIAL CONDITIONS 7. Prior to recordation of the final map and/or issuance of a building permit, revised floor plans, elevations and tentative tract map incorporating and reflecting the changes of the revised plot plan shall be submitted to the Director for approval. 8. The final tract map shall not be recorded until it has been submitted to and approved by the City Engineer for compliance with these condtions and with applicable sections 0 Resolution No. 25-85 CONDITIONS OF APPROVAL Page Two of Title 16 of the Morro Bay Municipal Code, including the correct map format for the air -space subdivision. 9. Prior to recordation of the final map, the final draft of the Covenants, Conditions and Restrictions (CC&R's) shall be submitted to and approved by the Director of the Planning and Community Development Department. Such CC&R's shall also reserve areas as private open space provided to each unit for the exclusive use of the occupants of that unit; such private open space shall be not less than 200 square feet per unit. 10. The buildings shall be protected with automatic fire sprinklers, as required by and approved by the Fire Chief. 11. Applicant shall install curb and gutter on the Main Street and Yerba Buena frontages, concrete drive apron on Yerba Buena in accordance with City standards and as approved by the City Engineer; and shall bring the pavement of Yerba Buena to the centerline of the right of way up to City standards as required by and as approved by the City Engineer. 12. Prior to issuance of a building permit, applicant shall submit engineering calculations relative to the runoff from a 25-year storm, as required by the City Engineer, for storm drainage. Applicant shall install such drainage facilities as required by and approved by the City Engineer and CalTrans. 13. Applicant shall submit a detailed landscaping plan to the Director for approval indicating the size, type and location of all plant materials and indicating the method of irrigation. All landscaping shall be installed pursuant to the approved plan and maintained in a manner acceptable to the Director. 14. Applicant shall submit to the Director for approval, a plan indicating the type, design and location of trash enclosure for the project. 15. Exterior materials and colors shall substantially conform with those exhibits on file with the Community Development Department. 16. Building design shall incorporate appropriate sound attenuation techniques, as approved by the Building Official, to ensure interior noise levels of residences shall not exceed 45 Ldn. C� Resolution CONDITIONS Page Three NO. 25-85 OF APPROVAL 17. All utilities, including electrical, telephone and cable television, shall be installed underground. 18. No construction shall take place prior to the award and approval of water equivalencies by the City. 19. Water saving devices shall be required in the project in accordance with the policies of the Morro Bay Coastal Land Use Plan and as approved by the Building Inspector. 20. No building permit shall be issued until final tract map is approved and recorded. 21. Prior to issuance of the building permit, applicant shall submit plans for a pedestrian bridge over the creek and walkway to the Main Street - Yerba Buena Street intersection and shall obtain a special encroachment permit for same. The design of these improvements shall be subject to the approval of the City Engineer. Completion of these improvements shall occur prior to issuance of a certificate of occupancy for the residences. 22. The buildings shall not exceed 25 feet in height as calculated as prescribed in zoning ordinance section 17.12.310. All appurtenances including but not limited to chimneys and all mechanical equipment shall comply with this limit. 23. Prior to issuance of the building permit, applicant shall obtain a Flood Hazard Area Development Permit or exemption or variance from same, from the Flood Hazard Review Commictee, as prescribed by Chapter 14.72 of the Morro Bay Municipal Code. 24. Prior to acceptance- of the final map for filing, applicant shall submit a current preliminary title report to the City Engineer. 25. All public improvements, are to be designed in accordance with City standards and shall be subject to approval by the City t;ngineer. 26. Fencing or a handrail shall be installed along the pedestrian foot path, near the storm drain, as approved by the City Engineer and the Planning Director. 27. In conjunction with the submission of the final map, the applicant shall include an irrevocable offer to dedicate in perpetuity an easement for open space, habitat protection and enhancement anu public access and passive Resolution No. 25-85 CONDITIONS OF APPROVAL Page Four recreation/nature study purposes, to the City or other responsible public agency or private entity approved by the City for the land generally described as follows: all land below the top of bank and all land north and east of the top of the bank of the creek for a distance of 25 feet, except for that portion of the property in the undedicated right- of-way corresponding to a westerly extension of Whidbey Street where the distance from the top of bank shall be 35 feet. The approximate location of the subject easement area is illustrated on Exhibit "A" referenced above. Prior to issuance of the Coastal Development Permit and recordation of the final map, the easement shall be reviewed and approved by the City Attorney and by the Executive Director of the California Coastal Commission pursuant to Section 17.20.115 of the Morro Bay Municipal Code. Upon acceptance of the offer, responsibility for maintenance shall transfer to the accepting entity. In consideration of this dedication, the City waives the usual requirement for park in -lieu fees for the subdivision. 28. Within six (6) months of the acceptance by the City of other approved entity, the offer to dedicate the easement required by Condition 27 above, applicant or his successor shall install a bench and interpretative display related to the riparian ecology, as approved by the Director of Parks and Recreation. An agreement to accomplish this condition shall be entered into by the City and applicant in a manner acceptable to the City Attorney. After installation, maintenance of such facilities shall be the responsibility of the City of other entity accepting the offer of dedication. The responsibility of the applicants' successors to fulfill this requirement shall be incorporated into the CC and R's required pursuant to Condition 9 above. 29. The CC and R's required pursuant to Condition 9 above shall include a restriction to run with the land prohibiting permanent structures, except for fences not exceeding six foot -six inches in height, within an area 25 feet north of the southern property line, as generally illustrated on Exhibit "A" referenced above. 30. The building setback on Yerba Buena Street shall be 15 feet unless a variance from same is approved by the City. 31. In conjunction with the submission of the final map, the applicant shall offer to dedicate to the City a easement for public sewerage purposes at least 10 feet wide and extending along the full length of the southerly property line. Resolution No. 25-85 CONDITIONS OF APPROVAL Page Five 32. Prior to recordation of the final map, applicant shall prepare a riparian habitat restoration plan for the creek and buffer area along the top of the banks including estimated costs for implementation. Said plan shall be subject to review and approval by the Director and the California Department of Fish and Game. Applicant shall contribute a fee to the City for implementation of such a plan proportionate to length of the creek bank on or adjacent to the applicants property, subject to approval by the Director. Said fee shall be placed in a special fund by the City and shall be used exclusively for the implementation of the habitat restoration plan for the small creek south of the subject project. 0 RESOLUTION NO. 82-85 RESOLUTION AWARDING REQUEST FOR PROPOSAL NO. PW85-210A FOR ONE NEW SMALL TRANSIT VEHICLE/DIAL-A-RIDE T H E C I T Y C O U N C I L City of Morro Bay, California WHEREAS, the City has been awarded a capital grant for the replacement of one transit vehicle pursuant to Section 18 of the Urban Mass Transportation Act (UMTA) of 1964 in an amount not to exceed $22,717; and WHEREAS, the City budgeted $5,667 in the final budget for FY 1984/85 to fund the City's local share of the grant for the aforesaid transit vehicle; and WHEREAS, pursuant to UMTA Project Agreement No. 64B085 (Bus #1), the City has agreed that the vehicles will be used to provide public transportation service to a non -urbanized area of the State of California; and WHEREAS proposals for one new small transit vehicle/Dial-A- Ride were solicited pursuant to the aforesaid UMTA Project Agreement and Chapter 3.08 of the Morro Bay Municipal Code; and WHEREAS, it is necessary to transfer $8,071.52 from funds available in Account No. 111-0980-700/Transit Contingency Fund to Account No. 111-0770-442-310/Dial-A-Ride Bus Purchase to consummate award of said proposal. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay to award request for Proposal No. PW85-210A for one new small transit vehicle/Dial-A-Ride to Wide -One Corporation of Anaheim, CA in the amount of $36,455.52. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof held the 12 day of August, 1985 by the following roll call vote: AYES: Kaltenbach, Miller, Risley, Sheetz, Zeuschner NOES: None ABSENT: None BUD ZEUSCHNMV, Mayor RESOLUTION NO. 83-85 RESOLUTION AWARDING BID NO. PW85-212 FOR ONE NEW VIBRATORY ASPHALT ROLLER AND TRAILER THE CITY COUNCIL City of Morro Bay, Califoria WHEREAS, the City Council adopted a final budget for FY 1985/86; and WHEREAS, said adopted budget included $32,000 for a new roller; and WHEREAS, bids for a new roller were solicited pursuant to Chapter 3.08 of the Morro Bay Municipal Code; and WHEREAS, four bids were received and publicly opened at 3:30 P.M., July 31, 1985; and WHEREAS, said bids have been reviewed and Cen-Cal Machinery of Fresno, California, has been determined to be the lowest responsive and responsible bidder at $26,562.65. NOW, THEREFORE, BE IT RESOLVED by the City of Morro Bay City Council to award Bid No. PW85-212 for one new vibratory roller and trailer to Cen-Cal Machinery, Inc. of Fresno, Califoria, in the amount of $26,562.65. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof held the 12th day of August, 1985 by the following vote: AYES: Kaltenbach, Miller, Risley, Sheetz, Zeuschner NOES: None ABSENT: None BUD ZEUSCH E , Mayor RESOLUTION NO. 81-85 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, CALIFORNIA, DENYING AN APPEAL AND UPHOLDING THE PLANNING COMMISSION'S ACTION TO TABLE FOR UP TO SIX MONTHS, FINAL CONSIDERATION OF AN AMENDMENT TO A COASTAL DEVELOPMENT PERMIT T H E C I T Y C O U N C I L City of Morro Bay, California WHERAS, the Planning Commission of the City of Morro Bay, California, after a duly noticed public hearing, did table for up to six months final consideration of a request on June 17, 1985, by Morro Bay Self -Storage for an amendment to a Coastal Development Permit to allow changes to the signage and exterior treatment of a mini -warehouse complex located at 1111 Allesandro (Case No. CDP 85-84--amended); and WHEREAS, on June 26, 1985, the original applicant did appeal the Planning Commission's action to the City Council; and WHEREAS, the City Council of the City of Morro Bay did on July 22, 1985, hold a duly noticed public hearing on said appeal; and WHEREAS, at said Public Hearing, after considering the staff reports, the Planning Commission's report on this matter, and the testimony, both oral and written, of all persons wishing to testify at the hearing, the City Council did find the following facts and reasons to justify denying the appeal: I. That it is not clear that the requested amendment would be in conformance with the visual resources policies of the City's Local Coastal Program; and 2. That the information which should become available within the next six months, particularly with regard to the physical scale and appearance of the adjacent buildings which are expected to be substantially completed in that time, will likely clarify this question; and 3. That, therefore, the Planning Commission's action to table a final decision for up to six months is appropriate and supported by the Council. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Morro Bay, as follows: 1 Resolution No. 81-85 Page two I. That the above recitations are true and correct and constitute the findings of the Council on this matter; and 2. That the Council does hereby deny said appeal and does uphold the Planning Commission's action to table final consideration of thie request for up to six months. PASSED AND ADOPTED, by the City Council of the City of Morro Bay at a regular meeting held thereof on the 12th day of August, 1985, by the following roll call vote: AYES: Kaltenbach, Miller, Risley, Sheetz, Zeuschner NOES: None ABSENT: None BUD ZEUSCHNER, Mayor ATTEST: 2 RESOLUTION NO. 80-85 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, CALIFORNIA, DENYING AN APPEAL AND UPHOLDING THE PLANNING COMMISSION'S DENIAL OF VARIANCES. FROM MINIMUM LOT SIZE STANDARDS T H E C I T Y C 0 U N C I L City of Morro Bay, California WHEREAS, the Planning Commission of the City of Morro Bay, California, did on the 3rd day of June, 1985, after a duly noticed PUBLIC HEARING deny the request of Tim Waddell for variances from the minimum lot size standards to allow two single family residences on substandard lots located at the corners of Prescot, Dunbar and Radcliffe Streets (APN: 68-164-11, City Case No. VAR 09-85); and WHEREAS, on June 13, 1985, the original applicant did appeal the Planning Commission's action to the City Council; and WHEREAS, on July 22, 1985, the City Council of the City of Morro Bay did hold a duly noticed PUBLIC HEARING on said appeal; and WHEREAS, at said PUBLIC HEARING, after considering the staff reports, the Planning Commission's report on this matter and the testimony of all persons, both written and oral, the City Council did find the following facts and reasons to justify denying the appeal: 1. That the proposed building sites are generally out of character with regard to size, relative to those in the neighborhood- and,, specifically, the interior building site would be smaller than any other one in the vicinity of the proposal; and 2. That there are other uses of the subject property in different configurations (eg: use of the property for a single residence) which would be more in keeping with the character and development patterns established for other properties in this neighborhood and in this zone. 3. That, therefore, approval of this request for this particular configuration of buildings and building sites would constitute the grant of special privilege inconsistent with the limitations on other properties in the R-1, S-2 zone and with the limitations on other properties in the vicinity in which the subject property is situated; and 1 0 0 Resolution No. 80-85 Page Two 4. That the strict application of the zoning ordinance in this particular case is not found to deprive the subject property of privileges enjoyed by other properties in the vicinity and under the same R-1, S-2 classification. NOW, THEREFORE, BE IT RESOLVED, by the Planning Commission 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 in this matter; and 2. That the Council does hereby deny the subject appeal and does uphold the Planning Commission's denial of Case No. VAR 09-85. PASSED, AND ADOPTED, by the City Council of the City of Morro Bay at a regular meeting held thereof on the 12th day of August, 1985, by the following roll call vote: AYES: Kaltenbach, Risley, Zeuschner NOES: Miller ABSTAIN: Sheetz ABSENT: None ATTEST: 2 Bud Zeusch , Mayor AGfNDI�NO. $. Date!/ Action RESOLUTION NO. 79-85 Ido 19_ry A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF t MORRO BAY, CALIFORNIA, GRANTING AN APPEAL TO AMEND THE PLANNING COMMISSION'S CONDITIONS OF APPROVAL OF CONDITIONAL USE PERMITS FOR COMMERCIAL HARVEST OF GHOST SHRIMP T H E C I T Y 0 City of Morro WHEREAS, the Planning Commissi California did on the 17th of June public hearing, ap r e Conditi of Greg McClure, Sus Fife, Gary Tam Munro and Bill Williams, to a ghost shrimp within the City conditions (Case Nos. CUP 1 85, A C O U N C I L , California f the City/of Morro Bay, 19 , after duly noticed Use Per ' s at the request ob , Catherine Cordero, ow the commercial harvest of mits/and subject to various WHEREAS, on June 26, 1985 the Morro Coast Audubon Society, Inc., did appeal the C io er's action to the City Council; and WHEREAS, he City Council of the City of Morro Bay did on July 22, 1985, ld a my notice Public Hearing on said appeal; and WHEREAS, at sai pub is h aring, after considering the staff reports;•Planning Co iss'on's report on this case, and the arguments of all p rson w o testified, both orally and in writing, this Counci di nd the following facts and reasons to justify upholding the appeal and modifying the Planning C ission's action: 1. That the comm rcial harvesting of ghost shrimp by any ethod is an inc ease in intensity of use of the mud- f is and there constitutes a development under the Cit 's Local Co tal Program and that for purposes of inte reting and dministering Section 17.42.030 of the Morro Bay Muni pal Code, the collection of ghost shrimp i a re ated and managed program which encour- ages and promotes the rejuvenation of commercially viable populations for continued harvest corresponds most closely to commercial mariculture, which may be permitted in the ESH zone but subject to obtaining a Conditional Use Permit; and 2. That, therefore, this activity is correctly one subject to City zoning regulations, although it may also fall within the purview of other regulatory agencies and that consideration of Conditional Use Permits for said activity is therefore proper; and Resolution No. 79-85 Page Two 3. That the use of hydraulic equipment could cause signif- icant disruption to the ecosystem and habitat values of the bay and, therefore, shall be not permitted until and unless a comprehensive study of the effects of this technique makes it clear that this technique results in no significant environmental impacts; and 4. That with the prohibition on powered equipment and sub- ject to the other conditions imposed by the Planning Commission, the use is one proper for the ESH zone and is consistent with the Morro Bay General Plan and Local Coastal Program; and 5. That the establishment, maintenance or operation of the use will not, under the circumstances of this particu- lar case and subject to the conditions imposed hereby, be detrimental to the health, safety, morals, comfort and general welfare of the persons residing or working in the area of the proposed use; and 6. That the use, as conditioned, will not be injurious or detrimental to property or improvements in the neigh- borhood nor to the general welfare of the community. 7. That the use, as conditioned, will not result in sig- nificant adverse effects upon the ecosystem and habitat values. 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 grant said appeal and does hereby modify the conditions of approval imposed by the Planning Commission with regard to Case Nos. CUP 15-85, A-F, as follows: - Add new condition No. 12, "The use of hydraulic devices or motor -driven equipment for harvesting ghost shrimp, commonly referred to as 'power pumping,' shall be prohibited." - All other conditions imposed by the Planning Commis- sion shall remain in effect. 0 i Resolution No. 79-85 Page Three PASSED AND Bay at a regular 1985. AYES: NOES: ABSENT: ADOPTED by the City Council of the City of Morro meeting held thereof on the day of , BUD ZEUSCHNER, Mayor ATTEST: GARY A. NAPPER, City Clerk RESOLUTION NO. 78-85 ` RESOLUTION IN SUPPORT OF AB 2182 AND AB 2570 RELATING TO DRUG ABUSE AND THE LAUNDERING OF MONEY THEREFOR T H E C I T Y C O U N C I L City of Morro Bay, California WHEREAS, Assembly Bill 2182 and Assembly Bill 2570 have been introduced into the California State Assembly by Assemblyman Steve Clute; and WHEREAS, Assembly Bill 2182 and Assembly Bill 2570 would create laws against money laundering which would curtail the sale and distribution of drugs in the State of California; and WHEREAS, AB 2182 would make it a crime to launder money if the launderer knows or has reason to know that its source is an illegal one such as drug dealing; and WHEREAS, AB 2570 would require financial institutions, such as banks, savings and loan associations, credit unions, etc., to keep ongoing records of large cash transactions and file reports with the State Department of Justice; and WHEREAS, drug dealers launder their money through California's financial institutions in order to make it seem legitimate and thus escape investigation; and WHEREAS, the State of California must do all it can to end the business of selling drugs illegally; and WHEREAS, AB 2182 and AB 2570 seek to accomplish this. NOW, THEREFORE, BE IT RESOLVED that the Morro Bay City Council hereby urges the enactment of AB 2182 and AB 2570. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof held on the 12th day of August, 1985 on the following vote: AYES: Kaltenbach, Miller, Risley, Sheetz, Zeuschner NOES: None ABSENT: None BUD ZEUSCPMER, Mayor RESOLUTION NO. 77-85 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 C0UNC.LL 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 had resulted in a mutual agreement and,understanding to -recommend that the manage- ment employees accept al'l,-of fhe.terms and conditiohs as''set forth in a Memoran- dum of Understanding,.an agreement attached and - made a part Wthis'resolution . herewith; and WHEREAS, THE City now"desires to Qprovide?said salary, increases and changes in benefits to said 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 Morro•Bay at a regular meeting thereof held this 12th day of August, 1985, by the -following roll call.vote. AYES: Kaltenbach, Miller, Risley,. Sheetz, Zeuschner; NOES: None ABSENT: None ATTEST: ACTH DAVIS, Deputy City Clerk Mayor BUD.ZEUSCHMR, RESOLUTION 76-85 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 THE•.CITY C 0 U N C IL 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 the Confi- dential 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 Confi- dential 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 reso- lution 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 thsi resolution herewith. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof held this 12th day of August, 1985, by the following roll call vote. AYES: Kaltenbach, Miller, Risley, Sheetz, Zeuschner NOES: None ABSENT: None ATTEST: Mayor, Bud`Zeuschner Ardith Davis, Deputy City Clerk RESOLUTION NO. 75-85 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, CALIFORNIA RELATING TO THE CLASSIFICATION, COMPENSATION, AND TERMS OF EMPLOYMENT OF POLICE EMPLOYEES OF. THE CITY OF MORRO BAY T H E C I T Y C O U N C I L City of Morro Bay, California WHEREAS, in accordance with the provisions of the California Government Code Section 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 with the Morro Bay Police Officers' Association; and WHEREAS, the meeting between the Morro Bay Police Officers' Association and the City has resulted in a mutual agreement and understanding to recommend that the executive 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 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 Morro Bay at a regular meeting thereof held this 12th day of August, 1985, by the following vote: AYES: Kaltenbach, Miller, Risley, Sheetz, Zeuschner NOES: None ABSENT: None BUD ZEUSCHNER, Mayor ATTEST: 0 RESOLUTION NO. 74-85 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 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 City Employee's Association pertaining to the subject of wages, benefits, and conditions of employment for the miscellaneous employees of the City; and WHEREAS, the meetings between the Morro Bay City Employees' Association and the City has resulted in a mutual agreement and understanding to recommend that the employees represented by the Morro Bay City Employees' Association accept all of the terms and conditions as set forth in a Memorandum of Under- standing, an agreement attached and made a part of this resolution herewith; and WHEREAS, the City now desires to provide said salary increases and changes in benefits to said miscellaneous employees of the City of Morro Bay; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Morro Bay 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 Morro Bay at a regular meeting thereof held this 12th day of August, 1985, by the following roll call vote. AYES: Kaltenbach, Miller, Risley, Sheetz, Zeuschner NOES: None ABSENT: None ATTEST: Mayor, Bud Zeuschner Ardith Davis, Deputy City Clerk • • RESOLUTION NO. 72-85 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY EXPRESSING APPRECIATION TO PUBLIC SAFETY PERSONNEL WHO WORKED DURING THE LAS PILITAS FIRE T H E C I T Y C O U N C I L City of Morro Bay, California WHEREAS, the Las Pilitas fire threatened the communities of San Luis Obispo and Santa Margarita between July 4-8, 1985; and WHEREAS, Public Safety personnel of the City of Morro Bay worked long hours fighting the fire, directing the traffic, evacuating fire threatened citizens and protecting life and property; and WHEREAS, due to their efforts many lives and homes were saved, and operation of normal city services continued even with a shortage of personnel. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Morro Bay does hereby extend its gratitude and apprecia- tion to all Morro Bay Public Safety personnel who devoted their time and energies in assisting and protecting the citizens of San Luis Obispo County during the Las Pilitas Fire; specifically Shari Baudendistel Catherine Baynham Gregg Beuer Jim Bickford Kevin Butler George Carpenter Paul Deis Aaron Donovan Rob Guidi Fred Harpster John Hesch Carla Hutchinson Jeff Jones Chuck Lenet Mark Lepore Tim Mehren Pennie Oakes Jerry Parker Loretta Parker Ian Parkinson Mike Pond Tom Rector Dale Salyer Gene Schellenger Rick Smykay Norm Smyth Dean Snyder Stan Thomas Johan Vandenberg Jim Warner Terry Weir PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held thereof on the 12th day of August 1985, by the following vote: AYES: Kaltenbach, Miller, Risley, Sheetz, Zeuschner NOES: None ABSENT: None BUD ZEUSCHNER, Mayor ATTEST: RESOLUTION NO. 71-85 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY APPROPRIATING ENCUMBRANCES AT JUNE 30, 1985 FOR THE 1985-86 FISCAL YEAR T H E C I T Y C O U N C I L 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 1984-85, obligated, and a reserve established in the accounting records at June 30, 1985. NOW, THEREFORE, BE IT RESOLVED that the attached list of encumbrances is reappropriated for the 1985-86 fiscal year and that the related reserve for encumbrances is cancelled as of July 1, 1985. PASSED AND ADOPTED by the City Council of the City of Morro Bay, California, at a regular meeting thereof on the 22nd day of July, 1985 by the following roll call vote: AYES: Kaltenbach, Risley, Zeuschner NOES: Miller ABSENT: Sheetz n1bl*`➢6 6;&44Z 47,, AB ITH DAVIS, Deputy City Clerk f�� EUSCHNER-r-4qayor CITY OF MORRO BAY ENCUMBRANCES JUNE 30, 1985 ACCOUNT# 2100904000 0100112310 0100112310 0100832931 0100832932 0100936000 0100938000 1500901000 0100410120 0100410120 0100410310 0100410240 0100494110 0100494333 0100410120 0100710441 0100935000 0100210120 0100210310 3301260310 0100914000 0100915000 0100933000 LJ100971000 0100610430 0100610430 0100610380 0100610343 O100610443 3301160310 3301923000 3301760443 3301760430 0100833310 0100926000 1500932000 0100932000 0100510430 0100510443 0100721430 0100910000 0100911000 0100912000 0100934000 2100902000 3201938000 3201939000 3201941000 AMOUNT DESCRIPTION 12,860 CITY HALL REMODEL./HANDICAP 4,500 ELECTION 1985 5,200 ORDINANCE CODIFICATIONS 4,000 CHESS LIVE GRANT MATCH 11000 COMMUNITY PROMOTIONS OUTSIDE 25,000 ECON DEV LOANS 12,000 GENERAL. PLAN CO-ORDINATION 18,000 TRANSIT ELEMENT PLAN 1,375 PLANNING COMMISSION PROJECTS 3,000 SUBDIVISION UPDATE 500 AUTOMATION OF PERMITS 700 RADIO INSPECTOR'S CAR 410 LCP GRANT MATCH 400 ZONING ORDIANCE PRINTING 4,000 COMMUNITY NEWSLETTER 1,500 COMPUTER PRINTER 4,845 COMPUTER 11500 TEMP SALARY COMPUTER CONV 11500 TRANSIENT OCCUPANCY AUDITS 4,800 LEASE AUDITS 6,500 ABCORE-TELEMETRY 6,000 REMODEL FIRE STN #Y 51000 FIRE PROTECTION GEAR 11,000 FIRE ENGINE REPOWER 51000 CARPORT 11500 REROOF FIRE STATION 500 EMSA FUNDING 3,000 FIRE JPA EQUIPMENT 4,000 FIRE HOSE 6,000 EMBARCADERO LEASE APPRAISALS 1,253 RADIOS 11500 REFUSE RECEPT - T PIER 2,000 WATERLINE N T PIER 10,700 ANIMAL REGULATION 2,410 COMMUNICATIONS REPEATER 14,000 POLICE VEHICLES 12,000 POLICE VEHICLE 4,200 POLICE STATION REMODEL. 2,800 COMMUNICATIONS EQUIPMENT 1,500 PAINT VET'S HALL 6,195 KEISER PARK 1,843 COLEMAN PARK PICNIC AREA 211,000 REC COMMUNITY CENTER 20,000 PARK LAWNMOWER 63,608 W.W.T.P. 48,500 SEWER MASTER PLAN 250,000 SEWER EMBARCADERO CONSTR. 20,000 SEWER EQUIP STORAGE DEPARTMENT ADMIN ADMIN ADMIN ADMIN ADMIN COM DEV COM DEV COM DEV COM DEV COM DEV COM DEV COM DEV COM DEV COM DEV COM DEV ENG 8 ADMIN FINANCE FINANCE FINANCE FINANCE FIRE FIRE FIRE FIRE FIRE FIRE FIRE FIRE FIRE HARBOR HARBOR HARBOR HARBOR NON -DEPART POLICE POLICE POLICE POLICE POLICE PROPERTY MAINT REC REC REC REC SEWER SEWER SEWER SEWER Ll 3202935000 30,000 SEWER BEACH / MORRO SEWER 3202940000 18,467 MECHANICAL. RODDER SEWER 3202942000 56,518 SEWER EMBARCADERO DESIGN SEWER 3202944000 13,033 SERVICE TRUCK SEWER 3202949000 5,000 EMB/TIDE PARK SEWER LINE SEWER 3202950000 8,000 MKT ST SEWER LINE SEWER 0100918000 17,638 LIBRARY SIDEWALK STREETS 0100929000 147,512 STREET OVERLAY STREETS 0100930000 40,000 STORM DRAIN PLAN STREETS 0100937000 35,000 REALIGN QUINTANA STREETS 0100730370 12,000 SIDEWALK TREE TRIMMING STREETS 0100975000 37,273 TWIN BRIDGES STREETS 0100981000 20,054 PATCH TRUCK STREETS 1200943000 11,260 MAIN STREET OVERLAY STREETS 2100968000 14,710 HARBOR STREET PAVEMENT STREETS 2100959000 103,982 STREET OVERLAY STREETS 2100978000 75,000 TWIN BRIDGES STREETS 0100730430 2,000 DRAIN INLET EL'MORRO'MKT STREETS 1101929000 12,909 DAR BUS TRANSIT 0100928000 75,000 FILTRATION WELLS 5 & 13 WATER' 0100962000 70,000 WATER R & D WATER 0100972000 6,000 WATER & SAND SEPARATOR WATER 3101907000 4,800 TANK PAINTING WATER 3101925000 13,371 DAM STUDY WATER 3101926000 25,196 RIDGEWAY WATERLINE WATER 3101927000 16,308 WELL DEVELOPMENT WATER 3101933000 75,000 FILTRATION WELLS 5 & 13 WATER 3101934000 6,000 STREAM GUAGE CHORRO'CREEK WATER 3101936000 16,411 EIR WATER WATER 3101946000 4,755 WATER TANK DESIGN - NUTMEG WATER 3102937000 30,684 WATER MAIN REPLACEMENT WATER 3102960000 26,393 RECHARGE & WELL. RELOCATIONS WATER 3102961000 150,000 REPLACE NUTMEG TANK WATER 3100750230 12,000 WATERLINE MATERIAL WATER 3100750430 5,000 LEAK DETECTION EQUIPMENT WATER TOTAL 2,026,373 RESOLUTION NO. 70-85 RESOLUTION AWARDING A CONSTRUCTION CONTRACT FOR OFF -SITE IMPROVEMENTS AT THE MORRO BAY LIBRARY 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 agreed to fund construction of curb, gutter, sidewalk, and certain other required off -site improvements at the Morro Bay Library; and WHEREAS, sealed bid proposals have been received and opened publicly for said construction; and WHEREAS, D. W. Peterson Construction of Grover City submitted the lowest responsible bid in the amount of $23,002.47. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay, California, that the contract for construction of off -site improvements for the Morro Bay Library as per the approved plans and specifications be awarded to D. W. Peterson Construction. BE IT FURTHER RESOLVED that the City Administrator be authorized to execute appropriate contract documents for the project. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof held the 22nd day of July, 1985, by the following vote: AYES: Kaltenbach, Miller, Risley, Zeuschner NOES: None ABSENT: Sheetz ATTEST: RESOLUTION.NO. 69-85 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 eet�. sew 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 pertaining to the subject of wages, benefits, and condi- tions of employment for the fire fighter employees of the City; and WHEREAS, the meetings between the Morro Bay Fire Fighters and the City have resulted in a mutual agreement and understanding to recommend that the employees represented by the Morro Bay Fire Fighters 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 City Council of the City of Morro Bay 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 Morro Bay at a regular meeting thereof held this 22nd day of July, 1985, by the following roll call vote. AYES: Kaltenbach, Miller, Risley, Zeuschner NOES`. None ABSENT: Sheetz ATTEST: Mayor,.Bud Xeluschner .. : ��?/ : :: ARDITH DAVIS, Deputy City Clerk RESOLUTION NO. 67-85 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY CONFIRMING THE REPORT OF CITY STAFF REGARDING THE WEED ABATEMENT PROCEDURE AND MAKING ASSESSMENTS 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 Ordinance Title 8, Chapter 6.12 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 1985; 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 City Clerk shall file a certified copy of said report with the San Luis Obispo County Auditor on or before August 10th 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 provisions of Government Code Sections 39581 to and including 39588. RESOLUTION NO. 67-85 PAGE TWO PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof held the 22nd day of July, 1985, by the following roll call vote: AYES: Kaltenbach, Miller, Risley, Zeuschner NOES: None ABSENT: Sheetz BUD ZEUSCH14ER, Mayor ATTEST: ARDITH DAVIS Deputy City Clerk CITY OF MORRO BAY 1985 WEED ABATEMENT CHARGES Tractor Hand Weeds Cleared Total Total Cost Time Time (Cubic Yds) Cost Plus 30% (Hrs) (Hrs) Admin.Charge 65-034-12 0 1.25 2.0 52.50 68.26 65-034-36 0 1.25 2.0 52.50 68.26 65-034-39 0 1.0 1.0 37.50 48.76 65-034-40 0 1.25 1.0 45.00 58.50 65-035-03 0 2.25 3.5 93.75 121.88 65-035-06 0 2.75 1.5 93.75 121.88 65-035-28 0 2.5 1.5 86.25 112.12 65-046-17 .5 .5 2.0 49.25 64.02 65-047-41 .5 .5 2.0 49.25 64.02 65-056-03 .5 .5 1.5 45.50 59.16 65-056-32 0 .5 1.0 22.50 29.26 65-056-33 0 .5 1.0 22.50 29.26 65-057-18 .5 .5 3.0 56.75 73.78 65-057-30 0 1.5 1.0 52.50 68.26 65-058-12 .75 1.0 2.5 77.62 100.90 65-061-17 0 2.0 4.0 90.00 117.00 65-068-07 0 1.75 4.0 82.50 107.26 65-068-10 0 1.25 4.0 67.50 87.76 65-083-13 0 1.75 2.5 71.25 92.62 65-091-19 0 1.75 2.0 67.50 87.76 65-093-28 .5 1.25 2.5 75.10 97.64 65-103-28 .5 .75 2.0 56.75 73.78 65-103-33 .5 .5 2.0 49.25 64.02 65-104-26 .5 0 1.5 30.50 39.66 65-104-34 .5 0 2.5 38.00 49.40 65-105-38 .5 1.5 2.5 83.00 107.90 65-113-66 .5 1.25 3.0 79.25 103.02 65-114-51 .5 .5 2.5 53.00 68.90 65-115-52 .25 .75 1.0 39.63 51.52 65-115-56 .5 .75 3.0 64.25 83.52 65-126-28 .5 .25 4.0 56.75 73.78 65-149-02 .25 .25 .25 19.00 24.70 65-149-14 .5 .25 1.0 28.62 37.20 65-149-15 .75 .25 1.0 43.87 57.04 65-152-10 5.0 5.0 32.0 582.50 757.26 66-023-03 .25 .25 1.0 24.62 32.00 66-023-04 .25 .25 1.0 24.62 32.00 66-023-11 .25 .25 .25 19.00 24.70 66-023-18 .5 .25 .25 27.63 35.92 66-023-26 .25 .25 1.0 24.62 32.00 66-023-30 .5 .5 2.0 48.25 62.72 66-046-02 0 1.5 1.0 52.50 68.26 1 Tractor Hand Weeds Cleared Total Total Cost Time Time (Cubic Yds) Cost Plus 30% (Hrs) Mrs) Admin.Charge 66-075-28 .25 1.0 4.0 69.63 90.52 66-075-29 .25 1.0 4.0 69.63 90.52 66-076-19 1 5.5 6.0 248.50 323.06 66-082-10 .5 .5 1.0 41.75 54.28 66-084-66 .5 1.0 3.0 71.75 93.28 66-112-02 0 1.75 3.0 75.00 97.50 66-125-07 .5 .75 3.0 64.25 83.52 66-165-13 .25 2.0 .5 73.38 95.40 66-165-16 .25 2.5 1.0 92.13 119.76 66-182-18 0 1.0 2.5 48.75 63.38 66-187-04 0 1.5 5.0 82.50 107.26 66-222-40 0 1.0 1.0 37.50 48.76 66-222-41 0 1.0 1.0 37.50 48.76 66-222-67 0 .75 1.0 30.00 39.00 66-222-68 0 1.25 1.0 45.00 58.50 66-236-08 0 1.0 4.0 60.00 78.00 66-236-20 0 2.0 4.0 90.00 117.00 66-237-10 0 1.0 3.0 52.50 68.26 66-252-04 0 1.0 0 30.00 39.00 66-253-01 0 1.5 3.0 67.50 87.76 66-257-10 0 1.0 2.0 45.00 58.50 66-262-18 0 1.25 2.0 42.50 55.26 66-263-03 .25 .75 1.0 39.62 51.50 66-263-04 .25 .5 1.0 36.38 47.30 66-265-25 .75 0 .75 34.50 44.86 66-281-39 .5 .75 3.0 64.25 83.52 66-281-60 4.5 6.0 48.0 713.25 927.22 66-332-01 2.5 .5 8.0 171.25 222.62 66-332-04 1.5 5.5 8.0 282.75 367.58 66-332-06 2.25 4.75 16.0 349.13 453.86 68-152-17 .25 .25 1.0 24.63 32.02 65-153-05 0 .5 1.5 26.25 34.12 68-153-36 0 .75 1.5 33.75 43.88 68-154-05 0 .75 1.5 33.75 43.88 68-154-06 0 .75 1.5 33.75 43.88 68-154-10 0 .75 1.0 30.00 39.00 68-154-13 .5 .25 1.5 38.00 49.40 68-154-17 0 .75 2.5 41.25 53.62 68-154-34 0 .75 2.5 41.25 53.62 68-155-03 .5 .75 2.0 56.75 73.78 68-155-06 .5 .5 2.0 49.25 64.02 68-155-11 .5 .5 2.0 49.25 64.02 68-156-17 .5 .5 2.0 49.25 64.02 68-157-20 .5 .5 4.0 64.25 83.52 68-158-10 .5 .5 2.0 49.25 64.02 68-159-09 .5 .5 2.5 53.00 68.90 68-163-02 .5 .25 1.5 38.00 49.40 68-164-11 .5 .5 3.0 56.75 73.78 68-192-10 0 1.25 2.0 42.50 55.26 E Tractor Hand Weeds Cleared Total Total Cost Time Time (Cubic Yds) Cost Plus 30% (Hrs) (Hrs) Admin.Charge 68-201-07 .75 .5 5.0 81.36 105.76 68-201-08 .75 .5 5.0 81.36 105.76 68-231-16 1.5 1.0 6.0 132.75 172.58 68-231-24 1.0 1.0 5.0 106.00 137.80 68-245-34 .5 .5 2.5 53.00 69.90 68-245-39 .5 .25 2.5 45.50 59.16 68-245-40 .25 .25 1.0 24.62 32.00 68-249-22 .5 .5 2.5 53.00 68.90 68-251-09 0 .5 .5 18.75 24.38 68-251-10 0 .5 .5 18.75 24.38 68-251-13 0 1.25 .5 41.25 53.62 68-251-14 0 .5 6.0 60.00 78.00 68-251-19 0 .75 .5 26.25 34.12 68-251-20 0 .75 .5 26.25 34.12 68-251-21 0 .75 .5 26.25 34.12 68-251-23 0 .75 3.0 45.00 58.50 68-251-31 0 .75 .5 26.25 34.12 68-251-32 0 .75 .5 26.25 34.12 68-252-07 0 .75 1.0 30.00 39.00 68-252-23 0 2.0 2.5 78.75 102.38 68-252-32 0 1.0 .5 33.75 43.88 68-252-39 0 1.0 .5 33.75 43.88 68-252-41 0 .75 2.0 37.50 48.76 68-252-43 0 .75 1.0 30.00 39.00 68-253-13 0 .75 3.0 45.00 58.50 68-253-25 0 1.5 .5 48.75 63.38 68-253-30 0 2.5 3.0 97.50 126.76 68-253-36 0 1.5 .5 48.75 63.38 68-253-41 0 2.0 1.0 67.50 87.76 68-253-42 0 2.5 1.0 82.50 107.26 68-254-07 0 1.0 .5 33.75 43.88 68-254-08 0 1.0 .5 33.75 43.88 68-254-11 0 .5 2.0 22.57 29.58 68-254-24 0 .5 .5 18.75 24.38 68-254-26 0 .5 .5 18.75 24.38 68-255-02 0 1.0 1.5 41.25 53.62 68-255-03 0 2.0 1.5 71.25 92.62 68-255-25 0 1.75 2.0 67.50 87.76 68-255-34 0 1.0 1.0 37.50 48.76 68-256-09 0 1.25 1.0 45.00 58.50 68-256-27 0 2.5 1.0 82.50 107.26 68-256-33 0 1.25 1.0 45.00 58.50 68-256-34 0 1.25 1.0 45.00 58.50 68-256-35 0 1.25 1.0 45.00 58.50 68-257-03 0 1.5 1.5 56.25 73.12 3 Tractor Hand Weeds Cleared Total Total Cost Time Time (Cubic Yds) Cost Plus 30% (Hrs) (Hrs) Admin.Charge 68-258-18 0 2.5 1.5 86.25 112.12 68-258-19 0 1.5 1.5 56.25 73.12 68-258-22 0 2.0 2.0 75.00 97.50 68-272-04 .5 .5 2.0 49.25 64.02 68-272-34 .5 .5 2.0 49.25 64.02 68-274-03 0 1.5 2.0 60.00 78.00 68-274-12 0 1.0 2.0 45.00 58.50 68-274-16 .5 .5 2.0 49.25 64.02 68-274-20 .5 0 1.5 30.50 39.66 68-275-46 0 .5 .5 18.75 24.38 68-276-07 0 .5 2.0 30.00 39.00 68-281-03 .75 1.5 2.0 88.87 115.54 68-281-20 .25 0 .25 11.50 15.00 68-314-07 .75 1.25 1.0 73.68 95.78 68-332-29 .75 1.0 4.0 66.37 86.28 68-381-03 0 2.0 1.25 69.37 90.18 68-381-08 0 2.25 1.25 84.37 109.68 68-381-09 0 2.25 1.25 84.37 109.68 68-381-13 0 2.0 1.25 69.37 90.18 68-381-14 0 2.25 1.25 84.37 109.68 68-381-15 0 2.0 1.25 69.37 90.18 68-381-16 0 2.0 1.25 69.37 90.18 68-382-01 0 1.75 1.0 60.00 78.00 68-382-03 0 1.75 .5 56.25 73.12 68-382-10 0 2.25 1.5 86.25 112.12 68-383-02 0 1.5 1.0 52.50 68.26 68-383-03 0 1.5 1.0 52.50 68.26 68-383-06 .5 .5 .5 38.00 49.40 68-383-07 .5 .5 .5 38.00 49.40 68-383-11 .75 .5 .5 47.62 61.90 68-391-01 0 2.25 1.0 75.00 97.50 68-391-02 0 2.25 1.0 75.00 97.50 68-391-03 0 2.25 1.0 75.00 97.50 68-391-04 0 2.25 1.0 75.00 97.50 68-391-05 0 2.25 1.0 75.00 97.50 68-391-06 0 2.0 1.5 71.25 92.62 68-391-07 0 2.0 1.5 71.25 92.62 68-391-10 0 3.0 2.0 105.00 136.50 68-395-21 .5 0 2.0 34.25 44.52 4 RESOLUTION NO. 66-85 RESOLUTION AUTHORIZING THE NOTICE OF COMPLETION MORRO BAY/CAYUCOS WASTEWATER TREATMENT PLANT EPA PROJECT NO. C-06-0914-120 T H E C I T Y C O U N C I L City of Morro Bay, California WHEREAS, Dillingham Construction, Inc. has completed the construction of the Morro Bay/Cayucos Wastewater Treatment Facility in accordance with the plans and specifications and authorized change orders; and WHEREAS, Brown and Caldwell-Heery, Construction Managers, has recommended that the project be accepted as complete. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Morro Bay hereby accepts the subject project as complete, and directs the filing of the Notice of Completion. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof held the 22nd day of July, 1985, by the following vote: AYES: Kaltenbach, Miller, Risley, Zeuschner NOES: None ABSENT: Sheetz BUD ZEUSCHtip, Mayor ATTEST: a-2z5e&�11- ARDITH DAVIS, Deputy City Clerk RESOLUTION NO. 65-85 A RESOLUTION ADOPTING THE 85/86 MASTER FEE SCHEDULE T H E C I T Y C 0 U N. C I.L CITY OF MORRO BAY, CALIFORNIA 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 the annual changes in personnel costs, supply costs, and other costs and finds that the proposed revised fees are in all cases no more than the actual cost of providing the re- lated service; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay that the attached Master Fee Schedule is adopted and will be effective July 9'1 1985, and thereafter unless changed.. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a"regular meeting held thereof this 8th day of July, 1985, by the following roll call vote: AYES: Kaltenbach, Miller, Risley, Sheetz, Zeuschner NOES: None ABSENT: None BUD ZEUSCHW, MAYOR ATTEST: ' ARDITH DAVIS, DEPUTY CITY CLERK RESOLUTION.NO.�=64-85 A RESOLUTION OF THE CITY COUNCIL OF THE CITY 'OF MORRO BAY'AUTHORIZING 7K'.EXEMPTIONS FOR PUBLIC SAFETY EMPLOYEES THE CITY COUNCIL City of Morro Bay, California WHEREAS, the United States Supreme Court has upheld the Fair Labor Standards Act for public employees; and WHEREAS, the United States Department of Labor has been directed to implement and enforce the Fair Labor Standards Act; and WHEREAS, the Fair Labor Standards Act is effective as of April 15, 1985; and WHEREAS, City of Morro Bay desires to be in compliance with the Fair Labor Standards Act; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay does hereby declare that City employees who are public safety employees shall be covered under the 7K exemption of the Fair Labor Standards Act. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof held on July 8, 1985, by the following vote: AYES: Kaltenbach, Miller, Risley, Sheetz, Zeuschner NOES: None ABSENT: None BUD ZEUSC W R, Mayor ATTEST: ARDITH DAVIS, Deputy City Clerk 0 RESOLUTION NO. 63-85 A, RESOLLITI.ONi OF' THE'CITY':COUNCIL:.OF'THE: CITY OF MORRO BAY APPROVING THE HEALTH INSURANCE CONTRACTS FOR CITY EMPLOYEES FOR FISCAL YEAR 1985-86 THE CITY COUNCIL City of Morro Bay, California WHEREAS, the City Council of the City of Morro Bay has provided Health Insurance coverage for its employees; and WHEREAS, the Health Insurance has been provided through the Central Coast Cities Joint Powers Agreement; and WHEREAS, this Joint Powers Agreement insurance plan is no longer in effect; and WHEREAS, the City has pursued other means to contract to provide Health Insurance for its employees; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay to continue to offer Health Insurance benefits to its employees; and BE IT FURTHER.RESOLVED that this insurance shall be provided by New England Life Insurance and the Health Net, Health Maintenance organization; and BE IT FURTHER RESOLVED that employees may elect which of these two plans they desire to participate in; and BE IT FURTHER RESOLVED the effective date of these insurance plans shall be Monday, July 1, 1985; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay that all City employees shall be covered under one of the two insurance plans; whichever they may elect. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof held on July 8, 1985, by the following vote: AYES: Kaltenbach, Miller, Risley, Sheetz, Zeuschner NOES: None ABSENT: None ATTEST: ARDITH DAVIS, Deputy City Clerk a RESOLUTION NO. 62-85 RESOLUTION APPROVING THE CITY OF MORRO BAY'S LTF AND STA CLAIMS FOR FISCAL YEAR 1985/86 THE CITY COUNCIL City of Morro Bay, California WHEREAS, revenues derived from 1/4-cent of the 6% retail sales tax collected statewide are apportioned to local governments to be used for transportation purposes, pursuant to the Transportation Development Act of 1971; and WHEREAS, the City of Morro Bay's apportionment of Local Transportation Funds (LTF) for FY 1985/86 is $178,898; and WHEREAS, in addition,the City of Morro Bay's apportionment of State Transportation Assistance (STA) Funds is $17,243 and the apportionment of Operator Revenues, pursuant to Section 99314 is $629; and WHEREAS, the City intends to use its LTF and STA revenues for operational expenses associated with the Morro Bay Dial -A - Ride, North Coastal Transit, and Regional Handicapped Transit Systems; and WHEREAS, the City of Morro Bay hereby states a preference for using additional LTF, if such funds become available, for the City's Dial -A -Ride operations, provided, however, that the City reserves the right to file an amended claim. NOW, THEREFORE, BE IT RESOLVED by the City of Morro Bay City Council to approve the City's LTF and STA claims for Fiscal Year 1985/86 and direct Staff to proceed with submittal of the claim documents. BE IT FURTHER RESOLVED that the City Administrator is hereby authorized and directed to sign all claim documents and that said claims be submitted to the San Luis Obispo Area Coordinating Council. PASSED AND ADOPTED by the City of Morro Bay City Council at a regular meeting held thereof on this 8th day of July, 1985 by the following roll call vote: AYES: Kaltenbach, Miller, Risley, NOES: None ABSENT: None Sheetz, Zeuschner / D� R, MAYOR RESOLUTION NO. 61-85 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY ADOPTING A BUDGET AND MAKING APPROPRIATIONS FOR FISCAL YEAR 1985-86 T H E C I T Y C O U N C I L City of Morro Bay, California WHEREAS, the City of Morro Bay is 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 have expended many hours preparing and reviewing the City's needs; and WHEREAS, the City Council finds and determines that the efficiency, economy and effectiveness of City government opera- tions 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; and WHEREAS, City Council acknowledges the continuing efforts of staff to operate within an approved budget and manage savings wherever feasible; and WHEREAS, City Council wishes to encourage these practices by implementing a departmental -savings sharing program. NOW, THEREFORE, BE IT RESOLVED: 1. The 1985-86 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 appro- priations 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 and with administra- tive approval. 4 Resolution No. 61-85 Page Two 4. Fifty percent of all savings achieved in the Depart- mental Operating Budgets will be returned to the department generating the savings for use in fiscal year 1986-87. These funds can be used for any non- recurring expense approved by the City Administrator. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held thereof on June 24, 1985, by the following vote: AYES: Kaltenbach, Miller, Risley, Sheetz, Zeuschner NOES: None ABSENT: None BUD ZEUSCH R, Mayor ATTEST: RESOLUTION NO. 60-85 RESOLUTION AWARDING BID NO. RP-85-169 FOR CUSTODIAL MAINTENANCE PAPER SUPPLIES 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 adopted a final budget for FY 1985-86; and WHEREAS, said adopted budget included sufficient funds for the purchase of custodial operating supplies; and WHEREAS, bids for custodial maintenance paper supplies were solicited pursuant to Section 3.08 of the Morro Bay Municipal Code; and WHEREAS, said bids were reviewed and National Sanitation Supply Company has been determined to be the lowest responsible bidder at $3,258.20. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof held the 24th day of June, 1985 by the following roll call vote: AYES: Kaltenbach, Miller, Risley, Sheetz, Zeuschner NOES: None ABSENT: None /� i ATTEST: RESOLUTION NO. 59-85 RESOLUTION OF THE MORRO BAY CITY COUNCIL A ING A CONFLICT OF INTEREST CODE FOR DESIGNATED EMPLOYEES T H E C I T Y C O U N C I L City of Morro Bay, California WHEREAS, pursuant to the provisions of Government Code Sections 87300 et seq., cities are required to adopt a Conflict of Interest Code for designated employees; and WHEREAS, those designated employees determined to make or participate in the making of decisions which may foreseeably have a material effect on financial interests are set forth in Appendix A attached hereto; and WHEREAS, disclosure categories for designated employees are as set forth in Appendix B attached hereto. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay that employees enumerated in Appendix A are directed to file Conflict of Interest Statements in accordance with the provisions set forth in the Conflict of Interest Code attached hereto and by referenced adopted as the Conflict of Interest Code for Designated Employees including Appendices A and B. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held on this 24th day of June , 1985 by the following vote: AYES: Kaltenbach, Miller, Risley, Sheetz, Zeuschner NOES: None ABSENT: None $UD ZEUSCUNER, Mayor ATTEST: CONFLICT OF INTEREST CODE 1. Statutory provisions. A. The Political Reform Act, Government Code Sections 81000, et seq., requires state and local government agencies to adopt and promulgate conflict of interest codes. The Fair Political Practices Commission has adopted a regulation, 2 Cal. Adm. Code Section 18739, which contains the terms of a standard conflict of interest code, which can be incorporated by refer- ence and which may be amended by the Fair Political Practices Commission to conform to amendments in the Political Reform Act after public notice and hearings. Therefore, the terms of 2 Cal. Adm. Code Section 18730 and any amendments to it duly adopted by the Fair Political Practices Commission are incor- porated by reference in this code and, along with the appendix set forth at the end of this code in which officials and employees are designated and disclosure categories are set forth, constitute the conflict of interest code of the City of Morro Bay. B. Pursuant to Section 4(b) of the standard code, designated employees shall file statements of economic interest with the filing officer which shall be the City Clerk. C. Incorporation by reference of the terms of this regulation along with the designation of employees and the formulation of disclosure categories in the appendix referred to at the end of this code constitute adoption and promulgation of a conflict of interest code within the meaning of Government Code Section 87300 or the amendment of a conflict of interest code within the meaning of Government Code Section 87307 if the terms of this regulation are substituted for terms of a conflict of interest code already in effect. A code so amended or adopted and promulgated requires the reporting of reportable items in a manner substantially equivalent to the requirements of Article 2 of Chapter 7 of the Political Reform Act, Govern- ment Code Section 81000, et seq. The requirements of a conflict of interest code are in addition to other requirements of the Political Reform act, such as the general prohibition against conflicts of interest contained in Government Code Section 87100, and to other state or local laws pertaining to conflict of interest. D. The terms of a conflict of interest code amended or adopted and promulgated pursuant to this regulation are as set forth in this code. 2. Definitions. The definitions contained in the Political Reform Act of 1974, regulations of the Fair Political Practices Commission (2 Cal. Adm. Code Sections 18100, et seq.) and any amendments to the Act or regulations, are incorporated by reference into this conflict of interest code. Conflict of Interest Code Page Two 3. Designated employees. The persons holding positions listed in the Appendix A are designated employees. It has been determined that these persons make or participate in the making of decisions which may fore- seeably have a material effect on financial interests. 4. Disclosure categories. This code does not establish any disclosure obligation for those designated employees who are also specified in Government Code Section 87200 if they are designated in this code in that same capacity or if the geographical jurisdiction of this agency is the same as or is wholly included within the jurisdiction in which those persons must report their financial interests pur- suant to Article 2 of Chapter 7 of the Political Reform Act, Government Code Sections 87200, et seq. Such persons are covered by this code for disqualification purposes only. With respect to all other designated employees, the disclosure categories set forth in the Appendix B specify which kinds of financial interests are reportable. Such designated employee shall disclose in his or her statement of economic interests those financial interests he or she has which are of the kind described in the disclosure categories to which he or she is assigned in Appendix B. It has been determined that the finan- cial interests set forth in a designated employee's disclosure categories are the kinds of financial interests which he or she foreseeably can affect materially through the conduct of his or her office. 5. Statements of economic interests - Place of filing All designated employees shall file statments of economic interests with the filing officer of the City of Morro Bay. 6. Statements of economic interests - Time of filing. A. Assuming Office Statements. All persons assuming designated positions after the effective date of this code shall file statements within thirty days after assuming the designated positions or. B. Annual Statements. All designated employees shall file statements no later than April 1st. C. Leaving Office Statements. All persons who leave designated positions shall file statements within thirty days after leaving office. 0 Conflict of Interest Code Page Three 7. Statements of economic interest - Contents. A. Contents of Assuming Office Statements. Assuming office statements shall disclose any reportable investments, interests in real property and business positions held on the date of asumming office. B. Contents of Annual Statements. Annual statements shall disclose any reportable investsments, interests in real property income and business positions held or received during the previous calendar year; provided, however, that the period covered by an employees' first annual statement shall begin on the date of assuming office. C. Contents of Leaving Office Statements. Leaving office statements shall disclose reportable investments, interests in real property, income and business positions held or received during the period between the closing date of the last statement filed and the date of leaving office. 8. Statements of economic interest - Manner of reporting. Statements of economic interests shall be made on forms prescribed by the Fair Political Practices Commission and supplied by the filing officer, and shall contain the following information: A. Investments and Real Property Disclosure. When an investment or an interest in real property is required to be reported, the statement shall contain the following: 1. A statement of the nature of the investment or interest; 2. The name of the business entity in which each investment is held, and a general description of the business activity in which the business entity is engaged; 3. The address or other precise location of the real property; 4. A statement whether the fair market value of the investment or interest in real property exceeds one thousand dollars, exceeds ten thousand dollars, or exceeds one hundred thousand dollars. B. Personal Income Disclosure. When personal income is required to be reported, the statement shall contain: 1. The name and address of each source of income aggregating two hundred fifty dollars or more in value or fifty dollars or more in value if the income was a gift, and a general description of the business activity, if any, of each source; Conflict of Interest Code Page Four 2. A statement whether the aggregate value of income from each source, or in the case of a loan, the highest amount owned to each source, was one thousand dollars or less, greater than one thousand dollars or greater than ten thousand dollars; 3. A description of the consideration, if any, for which the income was received; 4. In the case of a gift, the name, address and business activity of the donor and any intermediary through which the gift was made; a description of the gift; the amount or value of the gift; and the date on which the gift was received; 5. In the case of a loan, the annual interest rate and the security, if any, given for the loan. C. Business Entity Income Disclosure. When income of a business entity, including income of a sole proprietorship, is required to be reported, the statement shall contain: 1. The name, address, and a general description of the business activity of the business entity; 2. The name of every person from whom the business entity received payments if the filer's pro rata share of gross receipts from such person was equal to or greater than ten thousand dollars. D. Business Position Disclosure. When business posi- tions are required to be reported, a designated employee shall list the name and address of each business entity in which he or she is a director, officer, partner, trustee, employee, or in which he or she holds any position of management, a description of the business activity in which the business entity is en- gaged, and the designated employee's position with the business entity. E. Acquisition or Disposal During Reporting Period. In the case of an annual or leaving office statement, if an investment or an interest in real property was partially or wholly acquired or disposed of during the period covered by the statement, the statement shall contain the date of acquisition or disposal. 9. Disqualification. A. No designated employee shall make, participate in making, or use his or her official positions to influence the making of any governmental decision which will foreseeably have a material financial effect, distinguishable from its effect on the public generally, on: Conflict of Interest Code Page Five 1. Any business entity in which the designated employee has a direct or indirect investment worth more than one thousand dollars; 2. Any real property in which the designated employee has a direct or indirect interest worth more than one thousand dollars; 3. Any source of income, other than loans by a commercial lending institution in the regular course of business on terms available to the public without regard to official status, aggregating two hundred fifty dollars or more in value provided to, received by or promised to the designated employee within twelve months prior to the time when the decision is made; or 4. Any business entity in which the designated employee is a director, officer, partner, trustee, employee, or holds any position of management. B. No designated employee shall be prevented from making or participating in the making of any decision to the extent his or her participation is legally required for the decision to be made. The fact that the vote of a designated employee who is on a voting body is needed to break a tie does not make his or her participation legally required for purposes of this section. 10. Manner of disqualification When a designated employee determines that he or she should not make a governmental decision because he or she has a finan- cial interest. In the case of a voting body, this determination and disclosure shall be made part of the agency's offical record; in the case of designated employee who is the head of an agency, this determination and disclosure shall be made in writing to his or her appointing authority; and in the case of other designated employees, this determination and disclosure shall be made in writing to the designated employee's super- visor. 11. Assistance of the commission and counsel. Any designated employee who is unsure of his or her duties under this code may request assistance from the Fair Political Practices Commission pursuant to Government Code Section 83114 or from the attorney for his or her agency, provided that nothing in this section requires the attorney for the agency to issue any formal or informal opinion. Conflict of Interest Code Page Six 12. Violations. This code has the force and effect of law. Designated employees violating any provision of this code are subject to the administrative, criminal and civil sanctions provided in the Political Reform Act, Government Code Sections 81000-91014. In addition, a decision in relation to which a violation of the disqualification provisions of this code or of Government Code Section 87100 has occurred may be set aside as void pursuant to Government Code Section 91003. APPENDIX A Designated Positions Disclosure Cateogory Administration City Council 1,2 City Administrator 1,2 City Attorney 1,2 Assistant to the City Administrator 1,2 Community Development Community Development Director 1,2 Planning Commissioners 1,2 Associate Planner 3,4,5 Chief Building Inspector 1,2 Building Inspector 3,4,5 Finance Fire Director of Finance/City Treasurer 1,2 Accountant 3,4,5 Fire Chief 1,2 Fire Captain 1,2 Police Chief of Police 1,2 Police Lieutenant 1,2 Public Works Director of Public Works/City Engineer 1,2 Harbor Director 1,2 Water Engineer 1,2 Administrative Assistant 3,4,5 Associate Civil Engineer 3,4,5 Chief Harbor Patrol Officer 3,4,5 Maintenance Supervisor 3,4,5 Water Quality Control Supervisor 3,4,5 Senior Engineering Technician 3,4,5 Engineering Technician II 3,4,5 Engineering Tehcnician I 3,4,5 Recreation Recreation and Parks Director 1,2 0 APPENDIX B General Provisions. When a designated employee is required to disclose invest- ments and sources of income, he need only disclose investments in business entities and sources of income which do business in the jurisdiction, plan to do business in the jurisdiction or have done business in the jurisdiction within the past two years. In addition to other activities, a business entity is doing business within the jurisdiction if it owns real property within the jurisdiction. When a designated employee is required to disclose interests in real property, he need only disclose real property which is located in whole or in part within or not more than two miles outside the boundaries of the jurisdiction or within two miles of any land owned or used by the local government agency. Designated employees shall disclose their financial interests pursuant to the appropriate disclosure category as indicated in Appendix A. Disclosure Categories: Category 1: All investments and sources of income Category 2: All interests in real property within two miles of the City of Morro Bay or any land owned by the City of Morro Bay. Category 3: All investments, interests in real property and sources of income subject to the regulatory, permit or licensing authority of the department. Category 4: Investments in business entites and sources of income which engage in land development, construc- tion or the acquisition or sale or real property. Category 5: Investments in business entites and sources of income of the type which, within the past two years, have contracted with the City of Morro Bay to provide services, supplies, materials, machinery or equipment. RESOLUTION NO. 58-85 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY APPOINTING JEFFREY G. JORGENSEN AS CITY ATTORNEY 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 WHEREAS, under California Government Code Section 36505, the city council may appoint a city attorney for the municipal agency to provide legal services pursuant to California Govern- ment Code Section 41801, et.seq.; and WHEREAS, on 11 March 1985, the Morro Bay City Council voted to solicit and request proposals for new city attorney services to be effective 1 July 1985; and WHEREAS, on 7 June 1985, the Morro Bay City Council did interview prospective candidates for the appointment to the position of City Attorney for Morro Bay; and WHEREAS, upon conclusion of Council is desirous of appointing Attorney for Morro Bay, and has Jorgensen possesses the skills and effective counselor; and said interviews, the City Jeffrey G. Jorgensen as City determined that Jeffrey G. abilities necessary to be an WHEREAS, pursuant to California Government Code Section 53060, the City Council may contract with any person(s) for the furnishing of competent and experienced legal services to the public agency. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Morro Bay does hereby appoint Mr. Jeffrey G. Jorgensen as City Attorney for the City of Morro Bay, California, commencing 1 July 1985; and BE IT FURTHER RESOLVED that the Mayor, Raymond "Bud" Zeuschner, is duly authorized to execute contract for legal services with Mr. Jeffrey G. Jorgensen prior to 30 June 1985. E3 I • • Resolution No. 58-85 Page Two PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof held the 24th day of June, 1985 by the following vote: AYES: NOES: ABSENT: ATTEST: Kaltenbach, Risley, Sheetz, Zeuschner Miller None &9�/ BUD ZEUS H R, Mayor RESOLUTION NO. 57-85 RESOLUTION OF THE MORRO BAY CITY COUNCIL RELATING TO THE REPRIMAND AND CENSURE OF COUNCILMEMBER JIM MILLER T H E C I T Y C O U N C I L City of Morro Bay, California WHEREAS, Councilmember Jim Miller accused a long standing and valued City employee with a felony under Section 134 P.C. of the California Penal Code; and WHEREAS, such accusation from Councilmember Miller also contained suggestions that this employee be demoted and/or terminated from City employment, thus threatening the career and reputation of this employee; and WHEREAS, the City Council, upon Councilmember Miller's request, forwarded this accusation to the District Attorney of San Luis Obispo County for independent and impartial investigation; and WHEREAS, the independent investigation of the District Attorney was completed at a cost of time and expense to all concerned; and WHEREAS, the results of this independent, impartial investi- gation show conclusively that the accused City employee not only was acting upon the requirements of the law and the faithfull discharge of his duty, but also was assisting in properly correcting a problem which arose; and WHEREAS, Councilmember Miller's accusation of false report itself becomes a false accusation against a valued City employee; and WHEREAS, such false accusations by City Official Miller are a flagrant and deplorable abuse of elected office, and bring embarrassment to the entire City of Morro Bay, its officials, employees and citizens by causing unnecessary involvement by the District Attorney, State of California Department of Forestry, and City employees; and WHEREAS, Councilmember Miller acted improperly by circum- venting normal City channels and personnel by contacting the principals involved in a felony police investigation on his own, and involving himself improperly into police, City, and State of California employees and procedures. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Morro Bay deplores the abuse of elected office by Councilmember Miller and hereby reprimands him and censures that behavior. 6 Resolution No. 57-85 Page Two PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof held the 10th day of June 1985 by the following vote: AYES: Kaltenbach, Risley, Sheetz, Zeuschner NOES: Miller ABSENT: None BUD ZEUSCHbW, Mayor ATTEST: ;z h \J RESOLUTION NO. 56-85 RESOLUTION APPROVING FINAL MAP OF TRACT 1045 AND ACCEPTING THE OFFER OF DEDICATION THEREON T H E C I T Y C O U N C I L City of Morro Bay, California WHEREAS, in June 1982 the Planning Commission did approve the Tentative Map for Tract 1045 creating an 11-lot subdivision to accommodate a 75-unit residential condominium project for property located at the northern end of Piney Way; more particularly described as: APN 66-281-60 Portion of Lot 10, Rancho San Bernardo WHEREAS, the City Council on June 11, 1984 did grant a time extension to June 17, 1985 for said Tract 1045 subject to all the original conditions of approval; and WHEREAS, the Final Map of Tract 1045 substantially conforms to the approved Tentative Map; and WHEREAS, the Final Map of Tract 1045 has been determined to conform to the Subdivision Map Act and Section 16.24 of the Morro Bay Municipal Code. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Morro Bay does hereby approve the Final Map of Tract 1045 and accepts the offer of dedication thereon subject to the following conditions: The City Attorney of the City of Morro Bay shall approve the Subdivision Agreement, the Articles of Incorporation, By -Laws, and Conditions, Covenants and Restrictions for Tract 1045; and the deadline of July 10, 1985 for submittal of executed and recorded easements from the owners and trustees of that property commonly referred to as the "Safeway Property" be strictly adhered to. 0 PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof held the 10th Day of June 1985 by the following vote: AYES: Kaltenbach, Miller, Risley, Sheetz, Zeuschner NOES: None ABSENT: None BUD ZEUSCPMER, Mayor aOomestlo-Water Supplies, Form A2, Municip ration or Civil Subdivision) v STATE OF CALIFORNIA DEPARTMENT OF HEALTH RESOLUTION NO. 55-85 Certified Copy of Resolution (To accompany application on Form Al) Resolved by the City Council - - — - - - - ----, boar- of trustees other governing body) (City council, board of crnstees or other governing hody) of the ------ City of Morro ------------------------- (City, town or county, etc.) that pursuant and subject to all of the terms, conditions and provisions of Division 5, Part 1, Chapter 7, Sections 4010 to 4035 of the California Health and Safety Code and all amendments thereto, relating to domestic water supplies, application by this---.----- i tY---------------------- be made to the State Department of Health, for a permit to (city, town or county, etc.) drill and operate seven (7)_new wells - --- -- ----- --- -- Applicant must ,fete epecfficeily what is being applied for —whether to construct new works, to use existing works, to make alteratlon, or additiorn in works or sources nod state nature of improvement in works. Enumerate definitely source or sources of supply, kind of works used or considered (if known) and specify the locality to be served. Additional sheets may be attached. that the ---- _---City_-EdnliR Sit at�r_------------of said- --- ------------Cit ... Council----------- ---------- ----- ---------- (Title of chief executive officer) (City council, card of trustees or other governing body) be and he is hereby authorized and directed to cause the necessary data to be prepared, and investigations to be made, and in the name of said-_. ----- -.------- ------ -..-C-i-t y------------ -------------- -....to sign and file such application with the (City, town or county, etc.) said State Department of Health. Passed and adopted at a regular meeting of the ------- .------ ------ .-_City ---CounCl --1 - -- - --------------------------- (Governing body) of the- Cjty_of Morro -Box -------------------------------on the ---- ---- 10th------------ ..day of --------- June -------- ------ ---, 1985. (City, town fir Want AFFIB OFFICIAL SEAL. I HEIIE Clerk of EN 101 (Ib]a) lun-aso nos eu 0 oar ✓.Dummtic water Supplies, Fomr, Al, Munici*rP-.tftn or Civil Subdivision) STATE OF CALIFORNIA DEPARTMENT OF HEALTH Application from.. _ City of Morro -- ----------------- - ---- ----------- ---- - - (Name of municipality or civil subdivision) organized tinder .... _..... General law Ci tv, Ju3e -te -------rat-on - (State whether special charter or under general law, giving alms and data of incorporation) To the State Department of Health 2151 Berkeley Way Berkeley, California 94704 Pursuant and subject to all of the terms, conditions and provisions of Division 5, Part 1, Chapter 7, Sections 4010 to 4035 of the California Health and Safety Code and all amendments thereto, relating to domestic water supplies, application is hereby made to said State Department of Health for a permit to --- d fl--1 ,And- operate seven (7) new wells --------------------- - ---- Applicant must state specifically wbnt Is being epr to construct new works. M use existing works, to make alteration or additk a in works or sauces and slate nature of improvement in works. Evummte definitely source or sources of supply, 1 kind of works used or considered (if known) and specify the locality to be served. Additional sheets may be ettud,ed. Dated ...... .June- ... 10 -- -- 19-8_5- AFFLx OFFICIAL SEAL HEnr•. Attest. (at6vat{�r�l hand POSt 78k6 odrdress�cial GARY A. NAPPER, ity Clerk ..................... - --- - --------------------- Ci-ty_-of_.Morra__Ba y- ---------- ................ (Name of municipality or civil subrrdivision, in full) By..... -of. - - - - (Si re it chief executive officer with official title and post office address) BUD ZEUSCHNER, Mayor 595 Harbor St. Morro Bay, CA 93442 NoTFs 13efore making application for permit, such action must be authorized by resolution of the governing board, substantially in the form furnished by the State Department of Health (Domestic Water Supplies, Form A2) and a copy of such resolution, duly certified by the clerk of such board, must accompany the application. EH 100 410.73) unisw n-n ev () ear RESOLUTION NO. 54-85 RESOLUTION OF THE MORRO BAY CITY COUNCIL COMMENDING THE MORRO BAY EAGLE SCOUTS T H E C I T Y C O U N C I L City of Morro Bay, California WHEREAS, fewer than 18 of all boys who start Scouting reach the rank of Eagle Scout; and WHEREAS, to attain the honor of Eagle Scout, a Boy Scout must complete a rigorous series of requirements including significant community improvement service; and WHEREAS, Morro Bay Boy Scout Troop #222 brings significant honor to the City of Morro Bay by its activities and especially by having three of its Troop members advance to the rank of Eagle Scout; and WHEREAS, Norman Carey, Nathan Smyth, and Peter Zerr have distinguished themselves by earning the rank of Eagle Scout, the most coveted honor a Boy Scout may achieve. NOW, THEREFORE, BE IT RESOLVED that the City of Morro Bay through its City Council, does hereby commend Norman Carey, Nathan Smyth, and Peter Zerr upon their attainment of the rank of EAGLE SCOUT; and further, that commendation be extended to Boy Scout Troop #222 of Morro Bay; and to the families and friends of Scouts Carey, Smyth and Zerr for their support. PASSED, APPROVED AND ADOPTED this 28th day of May, 1985. AYES: Kaltenbach, Risley, Sheetz, Zeuschner NOES: None ABSENT: Miller BUD ZEUSCHMM, Mayor ATTEST: RESOLUTION NO. 53-85 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY APPROVING ASSIGNMENT OF LEASE FROM BREBES OCEAN HOUSE, INC. TO MICHAEL AND ORIETTA DE GARIMORE -LEASE SITE NO. 29 T H E C I T Y C O U N C I L City of Morro Bay, California WHEREAS, a request has been made by Brebes Ocean House, Inc., a California corporation, for permission to assign their leasehold interest in Lease Sites No. 29 to Michael and Orietta DeGarimore; 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 by Brebes Ocean House, Inc. of their leasehold interest in Lease Site No. 29 to Michael and Orietta DeGarimore; and 2. A copy of the Assignment of Lease and Assumption Agree- ment is made a part of this Resolution, and 3. This assignment shall become effective upon receipt by the City of the executed Assignment of Lease and Assumption Agreement. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held thereof on the 28th day of May 1985, by the following vote: AYES: Kaltenbach, Risley, Sheetz, Zeuschner NOES: None ABSENT: Miller ABSTAIN: BUD ZEUSCRNtR, Mayor ATTEST: ARDITH DAVIS, Deputy City Clerk RESOLUTION NO. 52-85 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY APPROVING ASSIGNMENT OF LEASE FROM BREBES OCEAN HOUSE, INC. TO MICHAEL AND ORIETTA DE GARIMORE - LEASE SITES NO. 105.1W AND 105.2 T H E C I T Y C O U N C I L City of Morro Bay, California WHEREAS, a request has been made by Brebes Ocean House, Inc., a California corporation, for permission to assign their leasehold interest in Lease Sites No. 105.1W and 105.2 to Michael and Orietta DeGarimore; 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 by Brebes Ocean House, Inc. of their leasehold interest in Lease Site No. 105.1W and 105.2 to Michael and Orietta DeGarimore; and 2. A copy of the Assignment of Lease and Assumption Agree- ment is made a part of this Resolution, and 3. This assignment shall become effective upon receipt by the City of the executed Assignment of Lease and Assumption Agreement. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held thereof on the 28th day of May 1985, by the following vote: AYES: Kaltenbach, Risley, Sheetz, Zeuschner NOES: None ABSENT: Miller ABSTAIN: None SUD ZEUSCHNER, Mayor ATTEST: ARDITH DAVIS, City Clerk RESOLUTION NO. 51-85 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, CALIFORNIA, AMENDING THE 1985 WATER ALLOCATION AND APPROVING A SPECIAL AWARD OF WATER EQUIVALENCIES FOR AN OVERFLOW R.V. CAMPGROUND THE CITY COUNCIL Morro Bay, California WHEREAS, the City Council of the City of Morro Bay, California, has recognized an urgent need for overflow, recreational vehicle (R.V.) campgrounds to be provided by the private sector, especially during the summer months; and WHEREAS, lacking such facilities the City has incurred several adverse effects including widespread illegal parking on public streets, private property and parking lots resulting in disruptions to residential and commercial districts of the City; illegal and potentially harmful dumping of R.V. sewage wastes into the storm drain system and bay; improper and disruptive use of public restroom facilities; and enforcement problems and unfavorable public relations for the City; and WHEREAS, these problems are especially acute during the summer months when R.V. traffic is at its peak; and WHEREAS, in order to mitigate the kinds of problems noted above during this summer and in future years, the City has approved a Conditional Use Permit and Coastal Development Permit for a 47-unit overflow, R.V. campground adjacent to the existing Morro Dunes R.V. Park located at 1700 Embarcadero; and WHEREAS, in order to expedite the construction of said facility so as to gain the aforementioned benefits of the facility as soon as possible, the City Council wishes to authorize a special water equivalency award. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Morro Bay, California, does h:reby approve an amendment to the adopted Water Allocation Program for 1985 and does approve the special award of 4.7 water equivalencies to said overflow campround, said equivalencies to be deducted from the total set aside in the commercial category for the July 1, 1985, award. PASSED AND ADOPTED by the City Council of the City of Morro Bay, California, at a regular meeting thereof on the 28th day of May, 1985, by the following roll call vote: 2 Resolution No. 51-85 AYES: Kaltenbach, Risley, Sheetz, Zeuschner NOES: None ABSENT: Miller BUD ZEUSCHNCA, Mayor 0 RESOLUTION NO. 50-85 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, CALIFORNIA ANNOUNCING FINDINGS AND REVOKING A CONDITIONAL USE PERMIT GRANTED TO CENTRAL COAST SEAFOODS THE CITY COUNCIL THE CITY OF MORRO BAY, CALIFORNIA WHEREAS, in 1979 the Planning Commission of the City of Morro Bay granted to Central Coast Seafoods a Conditonal Use Permit (CUP) for cold storage and accessory office uses for property located at 2170 Main Street in Morro Bay; and WHEREAS, in 1981, 1983, and 1984, the Planning Commission conducted various public meetings and hearings regarding possible violations of the approved Conditional Use Permit; and WHEREAS, in January 1984, the Planning Commission approved an amendment to the Conditional Use Permit, which among other conditions, required the owner of the business to make diligent efforts to find an alternative location for certain aspects of the operations and required a review of these efforts within one year of approval of the amendment; and WHEREAS, on January 21, 1985 and again on March 18, 1985, the Planning Commission conducted a review of the efforts by the business to find a new location and found that no alternative site had been obtained and that, therefore, the progress in this regard was inadequate; and WHEREAS, throughout this time, the Planning Commission has received recurrent testimony that said operations are adversely affecting the enjoyment, livability and property values of the surrounding neighborhood and that such testimony is summarized in the minutes of the various meetings and hearings and in the various correspondence on file with the City's Community Development Department; and WHEREAS, on April 15, 1985, the Planning Commission conducted a duly noticed PUBLIC HEARING on the possible revocation of said Conditional Use Permit; and, at said hearing, after considering the staff reports and arguments of all persons wishing to testify, the Planning Commission did recommend revocation to the City Council. WHEREAS, on May 13, 1985, the City Council of the City of Morro Bay, California, did hold a duly NOTICED PUBLIC HEARING on the Planning Commission's recommendation on possible revocation of the CUP; and WHEREAS, after considering the Planning Commission's 2 Resolution No. 50-85 Page Two findings and recommendation, the testimony of all persons speaking at the hearing, and the various minutes and staff reports from prior hearings before the Planning Commission, the Council did find the following facts and reasons to revoke said CUP: 1. That the use has resulted in odor and noise pollution; hazardous traffic conditions on Main Street, Hill Street and Sunset Avenue due to loading, unloading and truck deliveries and shipments; and an industrial -like atmosphere not in keeping with the surrounding neighborhood. 2. That the use is not in keeping with the character or intent of the original CUP nor the zoning district. 3. That the owner's efforts to find an alternative location pursuant to the hearings attendant to approving the most recent Conditional Use Permit amendment in January, 1984, were deemed inadequate; and 4. That the continuance of the use, due to impacts related to noise, odor, traffic and the industrial -like character of the operations, would be detrimental to the comfort and general welfare or the persons residing and working in the neighborhood of the subject use and would be injurious and detrimental to the property in the neighborhood. 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 City Council does hereby revoke the Conditional Use Permit, subject to the following procedure, which is intended to allow a non -disruptive transition of the business from the Main Street site to the Embarcadero site, but in a timely manner: a. By May 28, 1985; Mr. Degarimore shall submit a schedule of concrete dates and milestones necessary to relocate to the Brebe's site. This schedule shall be subject to Council review, approval and, if necessary, modification. Failure to submit such a schedule would result in immediate revocation of the Conditional Use Permit at Main Street. b. The revocation of the Conditonal Use Permit shall occur immediately when either 1) the applicant 3 Resolution No. 50-85 Page Four fails to meet any of the dates for the milestones prescribed in the approved schedule or 2) when the schedule is complete and relocation effected. 3. The Community Development Director shall have administrative discretion to permit variances from the above -referenced schedule, not to exceed 14 days. PASSED, AND ADOPTED, on the 28th day of May, 1985, by the following roll call vote: AYES: Kaltenbach, Risley, Sheetz, Zeuschner NOES: None ABSENT: Miller BM ZEUSCAH'2R, Mayor 4 0CENTRu Q Po.BOX1076 MOI Dockside: 772-3474 Mr. Mike Multari Community Development 595 Harbor Street Morro Bay, California Dear :like: Office: 772-1274 May 22, 1985 Director In response to your letter dated Alay 14th, projection of the schedule of steps needed transition and relocation by Central Coast from 2170 Alain Street to 1001 Front Street. J Retail: 7 7 2-88 7 7 1985, here is a to make the Seafoods, Inc. Our escrow is scheduled to close on the Brebe's property on June 3rd, 1985- Immediately following that close, our staff and contractor will begin the office expansion to accomodate our office staff. On June 10th we will receive and assemble a new pUrtable freezer that will accomodate our frozen stock. This should be complete by June 14th. June 15th we will move all of our office equipment, dry goods and trucks. On June 22nd wr have scheduled the relocation of all refrigeration equipment and both fresh and frozen products. June 29th and;30th will be the clean up andr'relocation of all remaining equipment, giving us a completion date for our relocation by July 1st, 1985• During the month of July we will be cleaning up and renovating 2170 Main for re -leasing by August fat, 19E15. We hope that this schedule will be satisfactory with the City Council. ME @ E 9W EM MAY ;°?5 COMMUNITY DEVELOPMENT DEPT A0/s w Since,rely, Mike DeGarimore President, Central Coast Seafood, Inc. RESOLUTION NO. 49-85 RESOLUTION STATING FINDINGS OF FACT FOR THE USE OF DAY LABOR - WATERLINE REPLACEMENT PROJECT NO. PW-84-36-02 T H E C I T Y C O U N C I L City of Morro Bay, California WHEREAS, on May 13, 1985, the City Council of the City of Morro Bay considered the project cost and bids submitted for a waterline replacement project; and WHEREAS, based on the staff report submitted and the oral reports at the time of such consideration, the City Council makes the following findings of fact: 1. The project consists of the construction of 5,186 l.f. of waterline as follows: (a) 2,970 l.f. of 8-inch waterline; (b) 2,156 l.f. of 6-inch waterline; (c) 60 l.f. of 4-inch waterline; and (d) Included within the waterline replacement is the replacement of 11 sub -standard fire hydrants. 2. Under the terms of the request for bids, all materials are to be supplied by the City of Morro Bay. 3. The Engineering Department of the City of Morro Bay has estimated the manhours required to install the underground waterline; estimated the direct and indirect salary costs relating to the City personnel required to install said line; estimated the equipment required to install the line and the reasonable rental value of such equipment; and WHEREAS, the Engineering Department has determined that the City, by day labor, can install the underground waterline at a cost of approximately $14.52 per l.f. The low bid equates to a unit cost of $22.83 per l.f. A detailed estimate of City's cost is attached as Exhibit "A". In making the necessary calculations, the Engineering Department relied upon the Department of Public Works' equipment rate schedule. Labor and equipment rates are based on maximum six -hour work days allowing two -hours per day to attend to other duties. Labor costs are taken from the City of Morro Bay's productive hourly rates schedule for public services; which is a cost allocation plan prepared annually by the City's Finance Department. Labor costs include gross hourly wages, hourly fringe benefits (which include PERS, health insurance, dental insurance, workers' compensation, vacation, sick leave, etc.), and overhead at 44%. It is assumed that City staff, consisting of a four -man crew in the field, can lay approximately 150 l.f., of waterline per day; and WHEREAS, total estimated project cost when performed by City forces = $75,293.00; and WHEREAS, pursuant to such calculations, the Engineering Department has prepared an estimate of City's costs with respect to each of the bid items. A copy of that summary is attached as Exhibit "B"; and WHEREAS, the City Council further finds that in response to the request for bids, City received four bids; the lowest bid being in the amount of $118,408.30 which amount is $43,115.00 more than the total estimated cost of proceeding by City forces; and WHEREAS, the City Council, pursuant to a unanimous vote, determined that the City can proceed more economically to install the above -described waterline by day labor, has determined that the City of Morro Bay can save in excess of $43,000.00 by proceeding with City forces, and has determined that the City can meet each and all of the terms and conditions of the request for bid by use of City forces and determined therefore, by unanimous vote, to proceed by day labor using City forces; and WHEREAS, included in these findings, and adopted as part of these findings, is the attached staff report and calculations based on engineering estimates. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Morro Bay hereby rejects all bids and elects to proceed by day labor with Project No. PW-84-36-02 and adopt the foregoing findings of fact in support of this action. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof held on the 28th day of May, 1985, by the following roll call vote: AYES: Kaltenbach, Risley, Sheetz, Zeuschner NOES: None ABSENT: Miller _ BUD ZEUSQHNER, Mayor ATTEST: CE ACCOUNT BID ITEMS WAT INE REPLACEMENT PROJECT • PW 84-36-02 1. Mobilization L.S. @ -0- 2. Saw cut A.C. Pavement 10,030 l.f. @ $o.40/l.f 3. 8" ACP 2970 l.f. @ $5.75/l.f. 4. 6" ACP 2156 l.f. @ $5.93/l.f. 5. 4" ACP 60 l.f. @ $5.68/l.f. 6. F.H. Assemblies, 11 @ $264/each 7. Valves, etc., 48 @ $132/each . 8. Single Service, 60 @ $141/each 9. Double Service, 16 @ $282/each 10. Relocate F.H. Assemblies, 1 @ $528/each 11. A.R.V. Assembly, 2 @ $247/each 12. Shoring L.S. @ $444 13. Trench Resurfacing 1332 s.y. @ $11.52/s.y. 14. Pressure and Leak Testing L.S. @ $1,774 15. Disinfection L.S. @ $280 Total Cost $75,293 5186 l.f. _ $14.52/l.f. -1 - I.- EXHIBIT "A" -0- $ 4.012 17,678 12,785 341 2,904 6,336 8,460 4,512 528 494 444 15,345 1,774 280 $75,293 • • EXHIBIT "A" Labor and equipment rates are based or. maximum 6 hour work day, allowing 2 hrs/day to attend to other duties. Costs of equipment are taken from the Department of Public Works Equipment Rate FY 84/85 Schedule which 'is prepared annually by the City Finance Department. Backhoe: $10/hr. X 6 Hrs. = $60.00/day Dump Truck: $8.50/hr. X 6 Hrs. = $51.00/day 2 Service Trucks: $5.00/hr. X 2 X 6 Hrs = $60.00/day Loader: $12.50/hr. X 6 Hrs. = $75.00/day EQUIPMENT_TOTAL = $246/day Labor costs are taken from the City of Morro Bay's Productive Hourly Rate Schedule for Public Services which is a cost allocation plan prepared annually. These Labor Costs include gross hourly wages, hourly fringe benefits (which includes PERS, health insurance, dental insurance, worker's comp, vacation, sick leave, etc.) and overhead at 44%. These are FY 84/85 Rates, and will increase for FY 85/86. Maint. Super. @ $28.55/Hr. X 6 Hrs. = $171.30/Day Maint. Leadman @ $23.30/Hr..X 6 Hrs. = $139.80/Day Maint. Wkr III @ $22.14/Hr. X 6 Hrs. = $132.84/ Day Maint. Wkr II @ $20.99/Hr. X 6 Hrs. = $125.94/Day TOTAL LABOR = $94.98/Hr. X 6 Hrs. = $570/Day Dump Fees = �5186 LF x 2'W x 3'W = 1152 CY @ 7 Yds Load = 164 Loads @ $8.00/Load = $1312 1312 •/. 5186 LF = $0.25 LF Dump Fee City Staff can lay approximately 150 LF of waterline per day. - 2 - EXHIBIT "A" DETAILED CONSTRUCTION ESTIMATE 1. Mobilization - No cost was assigned as work is to be performed with City -owned equipment which is already on hand. 2. Saw Cut Pavement - Quote from saw cutting contractor from Atascadero. Saw cut pavement at $0.40 per/lf X 10,030 LF = $4,012. TOTAL COST SAW CUT PAVEMENT = $4,012 3. Install 8" ACP includes the costs for labor and equipment for excavation, installation, backfill, and removal of spoils and dump fees by City forces. 8" ACP: 2970 LF 1 150 LF/Day = 20 days Labor: 4 Men @ $570.00 per/Day X 20 Days _ $11,400 Equipment: Backhoe, dump truck, two service trucks and loader @ $246 per/day X 20 days = $4,920 Dump Fee: 2970 LF X $0.25 = $743 $17,063 = 2970 = $5.75/LF TOTAL COST FOR 8" ACP = $5.75/LF x 2970 = $17,678 4. Install 6" ACP includes the costs for labor and equipment for excavation, installation, backfill, and removal of spoils and dump fees by City forces. 6" ACP: 2,156 LF t 150 LF/Day = 15 days Labor: 4 Men @ $570.00/Day'X 15 days = $8,550 Equipment = $246/Day X 15 days = $3,690 Dump Fee = 2156 LF X $0.25 = $539 $12,779 ; 2156 = $5.93/LF TOTAL COST FOR 6" AC = $5.93/LF X 2156 = $12,785 - 3 - EXHIBIT "A" 5. Install 4" ACP inqudes the costs for labor and equipment for excavation, installation, backfill, and removal of spoils and dump fees by City forces. 4" ACP: 60 LF 1 150 LF/DAY = 0.4 days Labor: 4 Men @ $570 per Day x 0.4 Days = $228 Equipment: $246/Day x 0.4 Days = $98 Dump Fee: 60 LF x $0.25 LF = $15 $341 = 60 LF = $5.68 LF TOTAL COST FOR 4" ACP = $5.68/LF X 60 LF = $341 6. Install fire hydrant assemblies includes the cost for labor and equipment for excavation,. installation, thrust blocks, backfill, and removal of spoils and dump fees by City forces. Labor: 4 Men @ 2 Hrs per Fire Hydrant $95 X 2 Hrs. X 11 Hydrants = $2,090 Equip: Backhoe @ $10/Hr. X 2 Hrs. X 11 Hydrants = $220 Dump Truck @ $8.50/Hr. X 2 Hrs. X 11 Hydrants _ $187 Service Truck @ $5/Hr. X 2 Hrs. X 2 Trucks X 11 Hydrants = $220 Dump Fees: 3 Loads @ $8.00/Load = $24 Thrust Block: .25 CY Ea. X 11 Hydrants = 2.75 CY @ $60/Yd _ $165 $2,906 = 11 = $264 Ea. ` TOTAL COST OF HYDRANT ASSEMBLIES = $264 x'll = $2,904 7. Install valves, tees, etc. Includes the same kinds of costs incurred in Item #6.'\ Valves, etc. same as Fire Hydrant except 1 Hr. Ea. _ $132 Ea TOTAL COST OF VALVES, Etc. _ $132.X 48 = $6,336 - 4 - 8. Install single services. • EXHIBIT "A" Labor: Maint. Wkr II @ $20.99/Hr. X 2 Men X 6 Hrs = $252 Equip: Service Truck @ $5/Hr. X 6 Hrs. _ $30 TOTAL COSTS = $282 Per Day Install 2 Services Per Day = $282 ; 2 = $141 Ea. TOTAL COST SINGLE SERVICES = $141 x 60 = $8,460 9. Install double services. Same as single service except install 1 services per day = $282 Ea. X 16 = $4,512 TOTAL COST DOUBLE SERVICES $4,512 10. Relocate F.H. Assemblies. Same as F.H. Assemblies x 2 TOTAL COST RELOCATE F.H. ASSEMBLIES = $264 x 2 = $528 Each 11. Install Air and Vacuum Relief Assembly includes the costs for labor and equipment for excavation, installation and backfill by City forces. Labor: 4 Men @ 2 Hrs. per ARV $95 x 2 = $190 Equipment: Backhoe @ $10/Hr. x 2 Hrs. _ $20 Dump Truck @ $8.50/Hr. x'2 Hrs. _ $17 Service Truck @ $5.00/Hr. x 2 Hrs. x 2 = $20 TOTAL COST ARV ASSEMBLY = $247 x 2 = $494 $247 12. Shoring - 300 LF Labor: 3 Men @ $74/Hr. x 6 Hrs. _ $444 TOTAL COST SHORING = $444 13. Trench resurfacing, includes the cost of materials, labor, and equipment for compaction and resurfacing. 5186LF 1040 LF/Day @ 8 Hrs/Day = 5 Days Materals: 1332 SY - 3" AC on 6" Class II Agg Base 3" AC: 1332 SY x 3' x 3' x 0.25 = 2997 CF x 150#/CF = 225 Tons 225 Tons AC @ $28/T = $6,300 9" Class II Agg Base: 1332 SY x .75/3 = 333 CY 333 CY Class II Base @ $10.07/Yd = $3,353 - 5 - 13. Trench resurfacilo- Continued • EXHIBIT "A" Cold Mix Temp. Pavement 400 LF X 2' X 0.12' = 96 CF X 150#/CF = 7.2 Tons _ $25.71/Ton X 7.2 Tons = $185. (10 Tons Per Load + $90 Haul Rate Per Load) TOTAL COLD MIX TEMP. PAVEMENT = $185 + $90 = $275 Equipment: Loader @ $12.50/Hr. X 8 Hrs. X 5 Days = $500 Dump Truck @ $8.50/Hr. X 8 Hrs. X 5 Days = $340 2 Service Trucks @ $5/Hr. X 2 X 8 Hrs. X 5 Days = $400 Spray Rig @ $5/Hr. X 8 Hrs. X 5 Days = $200 Compactor @ $5/Hr. X 8 Hrs. X 5 Days = $200 Roller @ $5/Hr. X 8 Hrs. X 5 Days = $200 Barricades: 10 Ea @ $0.10/Day X 120 Days = $120 Labor: Leadman @ $23.30/Hr X 8 Hrs X 5 Days = $932 3 Maint. Wkr II @ $20.99/Hr X 3 X 8 Hrs:X 5 Days = $2,519 $15,339 15,339 1332 SY = $11.52/SY TOTAL COST FOR TRENCH RESURFACING = $11.52/SY x 1332 SY = $15,345 14.. Testing includes pressure testing of lines: Lump Sum Equipment: 4 Hrs./Line x 9 = 36 Hrs. x $5.00/Hr = $ 180 Labor: 2 MW III $22.14/Hr. x 2 x 36 Hrs. _ $1,594 TOTAL COST FOR TESTING = $1,774 15. Disinfection includes Health Department fees: Test: $20/Test x 9 Test = $180 Labor: MW III $22.10r x 9 x 1/2 Hr/Test = 100 TOTAL COST FOR DISINFECTION $280 - 6 ► > , y 2 § ¥ 2 . 2 a � ,mf . 2{ 6f|{\!«k tƒ\}§} ±� ).. §� / m- / � �k i W /() ,u! e )\ RESOLUTION NO. 48-85 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY COMMENDING AND THANKING GERALD RANSOM FOR HIS THIRTEEN YEARS OF SERVICE TO THE CITY T H E C I T Y C O U N C I L City of Morro Bay, California WHEREAS, GERALD RANSOM has served the City of Morro Bay as a Maintenance Worker in the Parks Maintenance Division of the Department of Public Works from September 1972, to May, 1985, and WHEREAS, his services have significantly contributed to the improvement of the quality of park and recreational facilities in the community. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Morro Bay, on behalf of the community, does hereby commend and thank GERALD RANSOM for his important service to Morro Bay and extends best wishes to him and his family on his retirement from the City. PASSED, APPROVED, AND ADOPTED on this 28th day of May, 1985. AYES: Kaltenbach, Risley, Sheetz, Zeuschner NOES: None ABSENT: Miller BUD ZEUSSHNER, Mayor ATTEST: GARY A./--VAPPEWCity Cle 5 6 1 1 �4 - is !7, . a ID RESOLUTION NO. 46-85 A RESOLUTION APPROVING AND AUTHORIZING THE REALLOCATION OF $50,000 OF FAU FUNDS TO THE COUNTY OF SAN LUIS OBISPO FOR THE PREPARATION OF ENVIRONMENTAL DOCUMENTS AND PRELIMINARY ENGINEERING INVOLVED WITH THE RECONSTRUCTION OF TWIN BRIDGES THE CITY COUNCIL City of Morro Bay, California WHEREAS, the City of Morro Bay and the County of San Luis Obispo have entered into a cooperative agreement for the purpose of reconstructing Twin Bridges; and WHEREAS, as part of said agreement the City of Morro Bay agrees to pay for special services, including environmental documents and preliminary engineering, involved in said reconstruction; and a prompt start on preparation of said documents and engineering would not delay start of construction or cause loss of funds because of deadlines for use of Federal Funds; and WHEREAS, the City of Morro Bay currently has $177,941 of FAU funds allocated for the reconstruction of Harbor Street, NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay that $50,000 of FAU funds are to be reallocated to the County of San Luis Obispo for the purpose of preparing environmental documents and preliminary engineering in conjunction with the Twin Bridges reconstruction. BE IT FURTHER RESOLVED that $40,000 be reimbursed to the FAU fund upon the City of Morro Bay's receipt of FWHA Bridge Replacement Grant funds allocated for the Twin Bridges Project. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held thereof on the 28th day of May, 1985 by the following roll call vote: AYES: Kaltenbach, Risley, Sheetz, Zeuschner NOES: None ABSENT: Miller BUD ZEUSCHNER, Mayor ATTEST: .1 0 RESOLUTION NO. 45-85 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY OPPOSING THE PROPOSED RATE INCREASE OF THE PACIFIC GAS AND ELECTRIC COMPANY TO RECOVER ALL COSTS OF DIABLO CANYON NUCLEAR POWER PLANT T H E C I T Y C O U N C I L City of Morro Bay, California WHEREAS, Pacific Gas and Electric Company has announced its intention to recover the funds invested in the Diablo Canyon Nuclear Power Plant; and WHEREAS, the overall cost incurred by Pacific Gas and Electric Company in the construction of this nuclear facility may contain costs due to errors of Pacific Gas and Electric Company and not attributable to any other parties; and WHEREAS, Pacific Gas and Electric Company cannot pass on to consumers the costs of the plant until the plant has reached full commercial operation; and WHEREAS, the California Public Utilities Commission is required by law to review and authorize any rate increases; and WHEREAS, Pacific Gas and Electric Company has filed an application with the California Public Utilities Commission to recover these costs; and WHEREAS, approval by the California Public Utilities Commission for recovery of costs will lead to another major consumer rate increase. NOW, THEREFORE, BE IT RESOLVED that the City of Morro Bay is requesting the California Public Utilities Commission to analyze all costs assigned to the Diablo Canyon Nuclear Power Plant, as contained in the Pacific Gas and Electric Company application to determine such costs that are attributable to Pacific Gas and Electric Company contractors', officers', agents', or employees' design and development error; and BE IT FURTHER RESOLVED that Pacific Gas and Electric Company be authorized to recover, in rates only, those costs found to be reasonable and not attributable to Pacific Gas and Electric Company contractors', officers', agents', or employees' design and development error. Resolution No. 45-85 Page Two PASSED AND ADOPTED Bay at a regular meeting by the following vote: AYES: NOES: ABSENT: by the City Council of the City of Morro thereof held the 28th day of May, 1985 Kaltenbach, Risley, Sheetz, Zeuschner None Miller BUD ZEUSCHNER, Mayor RESOLUTION NO. 43-85 A RESOLUTION OF THE MORRO BAY CITY COUNCIL REGARDING THE STORAGE OF RADIOACTIVE WASTE MATERIAL T H E C I T Y C O U N C I L City of Morro Bay, California WHEREAS, the California Pollution Control Financing Author- ity has authorized the sale by P.G.&E. of tax-exempt bonds for the reconstruction of the fuel handling building at the Diablo Canyon nuclear plant in order to increase its capacity for spent nuclear fuel; and WHEREAS, the renovated facility will provide capacity for 19 years worth of high-level radioactive waste in the form of spent reactor fuel; and WHEREAS, this facility was intended to be used to allow spent fuel to cool down for approximately 6 months before being transported to a permanent high-level radioactive waste reposi- tory; and WHEREAS, the U. S. Nuclear Regulatory Commission has autho- rized the storage of high-level radioactive waste in the form of spent fuel at the reactor sites for 30 years beyond the expira- tion of the plant's operating license; and WHEREAS, the long term storage of spent radioactive fuel on the Diablo Canyon site has not been analyzed for possible envi- ronmental and safety consequences; and WHEREAS, California is not being considered as a site for a permanent waste repository for high-level nuclear waste partly because of earthquake dangers; and WHEREAS, the California Pollution Control Financing Author- ity has approved the sale of $80 million in bonds to fiannce modifications to P.G.&E.'s Diablo Canyon Nuclear Plant; and WHEREAS, the people of this district have the right to know about storage of nuclear waste or any project that affects the public health and safety. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Morro Bay hereby requests that information be made available to the public about the modifications of Diablo's storage of radioactive waste material, and that an Environmental Impact Report be required with full local public hearings BEFORE any work is allowed to begin at Diablo; and BE IT FURTHER RESOLVED that the City Council of the City of Morro Bay does hereby call on the California Legislature, Resolution No. 43-85 Page Two through its appropriate Committees, to hold, as soon as possible, exploratory public hearings in San Luis Obispo County on this issue. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof held the 28th day of May, 1985 by the following vote: AYES: Kaltenbach, Risley, Sheetz, Zeuschner NOES: None ABSENT: Miller _�� BUD ZEUSCHNER, Mayor ATTEST: RESOLUTION NO. 44-85 RESOLUTION APPROVING FINAL MAP OF TRACT 1124 AND ACCEPTING THE DEDICATIONS OFFERED THEREON T H E C I T Y C O U N C I L City of Morro Bay, California WHEREAS, on the 6th of June 1983, the Planning Commission did conditionally approve Tentative Tract Map No. 1124; and WHEREAS, on June 27, 1983, the Morro Bay City Council did uphold the findings of the City of Morro Bay Planning Commission's conditional approval of the Tentative Tract Map of Tract 1124 by passing and adopting City Council Resolution 80-83 denying the appeal of Texaco, Inc; and WHEREAS the Final Map of Tract 1124 substantially conforms to the approved Tentative Map; and WHEREAS, the Final Map has been determined to conform to the Morro Bay Municipal Code 16.24 and the Subdivision Map Act; and WHEREAS, offers of dedication for a public right-of-way and Public Utility Easements have been made in acordance with the approved Tentative Tract Map and the Subdivision Map Act. NOW, THEREFORE BE IT RESOLVED the City Council of the City of Morro Bay does hereby approve the Final Map of Tract No. 1124 and does accept the dedications to the public offered and described thereon. BE IT FURTHER RESOLVED the City Clerk be authorized to cause recordation of appropriate documents as required. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof held the 28th day of May, 1985, by the following vote. AYES: Kaltenbach, Risley, Sheetz, Zeuschner NOES: None ABSENT: Miller 1.111 RAM KIRL61 A ATTEST: ad44� Al.DAVIS, Deputy City Clerk AL �} RESOLUTION NO. 42-85 A RESOLUTION SUPPORTING AB 1904 CREATING A CALIFORNIA RURAL ECONOMIC ENTERPRISES CORPORATION THE CITY COUNCIL City of Morro Bay, California WHEREAS, small businesses in rural areas and small cities, such as Morro Bay, provide employment opportunities as well as services not only to local residents but also visitors from throughout the State; and WHEREAS, such business areas have experienced some distress and are in need of economic restoration and financial assistance; and WHEREAS, AB 1904 would create the California Economic Enterprises Corporation which would make money available to small businesses in rural areas and small cities in order to increase employment opportunities and stimulate local economies; and WHEREAS, this program would also promote comprehensive economic planning in cooperation with the local community. NOW, THEREFORE, BE IT RESOLVED by the City Council that the City of Morro Bay does hereby declare its support for Assembly Bill 1904 and recommends its passage into law. PASSED AND ADOPTED by the City Council of Morro Bay at a regular meeting thereof held on the 13th day of May, 1985, by the following roll call vote: AYES: Kaltenbach, Miller, Risley, Sheetz, Zeuschner NOES: None ABSENT: None /1 _ ARDITH DAVIS, Deputy City Clerk BUD ZEUSCHI�E, Mayor 1 RESOLUTION NO. 41-85 A RESOLUTION SUPPORTING AB 2483 ESTABLISHING A CALIFORNIA MAIN STREET PROGRAM THE CITY COUNCIL City of Morro Bay, California WHEREAS, the State of California has approximately 350 cities under 50,000 population including the City of Morro Bay; and WHEREAS, the City of Morro Bay and many other small cities throughout the State are in need of both economic and physical improvement in their downtown business areas; and WHEREAS, there is a need for better promotion of such business districts, and for building revitalization in these areas, and that such improvements would not only benefit the local citizens working in and served by these commercial districts but also the numerous visitors to such cities, like Morro Bay; and WHEREAS, AB 2483 would establish the California Main Street Program which would provide State assistance to create a public/private partnership to aid businesses along the main streets of small cities; and WHEREAS, the Main Street approach has been successfully utilized in nearly 100 communities in 15 other states; and WHEREAS, the program would provide another needed tool for economic development and revitalization of small communities in California. NOW, THEREFORE, BE IT RESOLVED by the City Council that the City of Morro Bay does hereby declare its support for Assembly Bill 2483 and recommends its passage into law. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof held on the 13th day of May, 1985, by the following roll call vote: AYES: Kaltenbach, Miller, Risley, Sheetz, Zeuschner NOES: None ABSENT: None /1 4� ARDITH DAVIS, Deputy City Clerk BUD ZEUSCH IXR, Mayor 1 RESOLUTION NO. 40-85 RESOLUTION APPROVING FINAL MAP OF TRACT 1174 T H E C I T Y C O U N C I L City of Morro Bay, California WHEREAS, on May 7, 1984 the Planning Commission did approve Tentative Tract Map No. 1174; and WHEREAS, the Final Map substantially conforms to the approved Tentative Map; and WHEREAS, the Final Map has been determined to conform to the requirements of Morro Bay Municipal Code 16.24. NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Morro Bay does hereby approve the Final Map of Tract No. 1174 contingent upon approval by the City Attorney of the subdivision's Conditions, Covenants, and Restrictions. BE IT FURTHER RESOLVED the City Clerk be authorized to cause recordation of appropriate documents as required. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof held the 13th day of May, 1985, by the following vote: AYES: Kaltenbach, Miller, Risley, Sheetz, Zeuschner NOES: None ABSENT: None BUD ZEUSCHN , Mayor ATTEST: ARAR IT�, Deputy City Clerk RESOLUTION NO. 39-85 RESOLUTION APPROVING FINAL MAP OF TRACT 1144 T H E C I T Y C O U N C I L City of Morro Bay, California WHEREAS, on October 3, 1983 the Planning Commission did approve Tentative Tract Map No. 1144; and WHEREAS, the Final Map substantially conforms to the approved Tentative Map; and WHEREAS, the Final Map has been determined to conform to the requirements of Morro Bay Municipal Code 16.24. NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Morro Bay does hereby approve the Final Map of Tract No. 1144 contingent upon approval by the City Attorney of the subdivision's Conditions, Covenants, and Restrictions. BE IT FURTHER RESOLVED the City Clerk be authorized to cause recordation of appropriate documents as required. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof held the 13th day of May, 1985, by the following vote: AYES: Kaltenbach, Miller, Risley, Sheetz, Zeuschner NOES: None ABSENT: None UD ZEUSCH Mayor ATTEST: ARDITH DAVIS, Deputy City Clerk E RESOLUTION 37-85 RESOLUTION SUPPORTING THE PASSAGE OF AB-2021 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 municipal water supply is taken entirely from groundwater in agricultural areas where pesticides are routinely applied; and WHEREAS, there is potential widespread exposure to public drinking water supplies from pesticide applications to the land with the potential for pollution of groundwater with the resultant risk to public health and welfare; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Morro Bay support Assembly Bill No. 2021 and recommends its passage into law. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof held the 13th day of May, 1985, by the following vote: AYES: Kaltenbach, Miller, Risley, Sheetz, Zeuschner NOES: None ABSENT: None BUD ZEUSCHNER 0 ayor ATTEST: L ARDITH DAVIS, Deputy City Clerk RESOLUTION NO. 36-85 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY REJECTING ALL BIDS FOR THE CONSTRUCTION OF PROJECT NO. PW-84-36-02 - WATER LINE REPLACEMENT 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 determined that it can more economically utilize City forces for the replacement of substandard water lines in accordance with Public Contract Code Section 20167; and WHEREAS, the City Council may call for bids for a project, reject all bids, and then pass a resolution by a four -fifths vote declaring that the project can be performed more economically by day labor; and WHEREAS, the project was formally advertised and bids were received; and WHEREAS, the City Staff has presented facts indicating that the City's cost of constructing the Waterline Replacement Project is significantly less than that proposed by the lowest responsible bidder; and WHEREAS, the City Council has considered the facts and the bids and compared costs and finds the project can be performed more economically by day labor. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay that all bids be rejected and that the project be performed by day labor. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof held on the 13rd day of MAy, 1985, by the following roll call vote: AYES: Kaltenbach, Miller, Risley, Sheetz, Zeuschner NOES: None ABSENT: None BUD ZEUSCHNVJX, Mayor ATTEST: C;�;_ io21 ARDITH DAVIS, Deputy City Clerk RESOLUTION NO. 35-85 RESOLUTION AUTHORIZING THE APPLICATION FOR AND ACCEPTANCE OF AN URBAN MASS TRANSPORTATION ACT/SECTION 18 GRANT FOR A REPLACEMENT TRANSIT VEHICLE FOR DIAL -A -RIDE 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 submitted on November 28, 1985 an application for an Urban Mass Transportation Act(UMTA)/ Section 18 Grant for a replacement transit vehicle for Dial -A - Ride; and WHEREAS, said application was submitted in accordance with the UMTA Section 18 Program of Projects for FY 1985/86 approved as amended by the San Luis Obispo Area Coordinating Council at its meeting of January 24, 1985; and WHEREAS, the City received on April 12, 1985, notification that said grant application was approved in the amount of $28,968; and WHEREAS, the City received on April 19, 1985, a request to execute the contract for said grant award; and WHEREAS, the City Council approves this project as described in the grant application and contract. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay to authorize the application for and acceptance of the UMTA/Section 18 Grant for one replacement transit vehicle for Dial -A -Ride in the amount of $28,968 and authorize the City Administrator to execute the grant contract and all grant -related documents. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof held the 13th day of May, 1985 by the following vote: AYES: Kaltenbach, Miller, Risley, Sheetz, Zeuschner NOES: None ABSENT: None BUD ZEUSCty'ER, Mayor ATTEST: ARDITH DAVIS, Deputy City Clerk RESOLUTION NO. 34-85 RESOLUTION AWARDING BID NO. PW85-130 FOR ONE NEW HEAVY-DUTY 1/2-TON PICKUP TRUCK WITH ELECTRIC WINCH 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 adopted a Final Budget for FY 1984/85; and WHEREAS, said adopted budget included $11,500 for a new service truck; and WHEREAS, on October 8, 1984, Council approved a Staff Recommendation to increase the budgeted amount from $6,500 to $11,500 by decreasing the budgeted amount for sewer rodder from $25,000to $20,000; and WHEREAS, said budget adjustment reflected a conceptual change in the operating requirements for the sewer rodder and service truck; and WHEREAS, bids for a new service truck were solicited pursuant to Section 3.08 of the City of Morro Bay Municipal Code; and WHEREAS, three bids were received and publicly opened at 3:30 P.M. May 10, 1985; and WHEREAS, said bids have been reviewed and Palla Equipment has been determined to be the lowest responsible bidder at $13,032.70; NOW, THEREFORE, BE IT RESOLVED by the City of Morro Bay City Council to authorize the transfer of $1,532.70 from Account No. 3202-940443 to Account No. 3202-944442 and award Bid No. PW85-103 for One New Heavy -Duty Pickup Truck with Electric Winch to Palla Equipment of Paso Robles, CA in the amount of $13,032.70. 6 PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof held the 13th day of May, 1985 by the following vote: AYES: Kaltenbach, Miller, Risley, Sheetz Zeuschner NOES: None ABSENT: None BVD ZEUSC N R, Mayor ATTEST: ��.� I Z ARDITH DAVIS, Deputy City Clerk 0 RESOLUTION NO. 33-85 A RESOLUTION ACCEPTING A MEMORANDUM OF SHORT FORM OF LEASE FOR RECORDING T H E C I T Y C O U N C I L City of Morro Bay, California WHEREAS, the City Council has received a memorandum of short form of lease for recording executed by Anthony F. Silva and James A. Silva which provides for easements for access, telemetry lines and pipelines with reference to City Well #8; and WHEREAS, it is in the public interest that said memorandum of short form of lease for recording be accepted. NOW, THEREFORE, BE IT RESOLVED that the memorandum of short form of lease for recording is hereby accepted and the City of Morro Bay consents to recordation of said memorandum of short form of lease for recording by its duly authorized officer. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof held the 13th day of May, 1985, by the following vote: AYES: Kaltenbach, Miller, Risley, Sheetz, Zeuschner NOES: None ABSENT: None BUD ZEUSC40R, Mayor ATTEST: 4RESOLUTION NO. 32-85 0 A RESOLUTION ACCEPTING A MEMORANDUM OF SHORT FORM OF LEASE FOR RECORDING T H E C I T Y C O U N C I L City of Morro Bay, California WHEREAS, the City Council has received a memorandum of short form of lease for recording executed by Everett Righetti and Clarice E. Righetti, which provides for easements for the purpose of construction and maintaining a water storage tank and related appurtenances; and WHEREAS, it is in the public interest that said memorandum of short form of lease for recording be accepted. NOW, THEREFORE, BE IT RESOLVED that the memorandum of short form of lease for recording is hereby accepted and the City of Morro Bay consents to recordation of said memorandum of short form of lease for recording by its duly authorized officer. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meetng thereof held the 13th day of May, 1985, by the following vote: AYES: Kaltenbach, Miller, Risley, Sheetz, Zeuschner NOES: None ABSENT: None 'BUD ZEUStIWER, Mayor ATTEST: ARDITH DAVIS, Deputy City Clerk r] • RESOLUTION NO. 31-85 RESOLUTION TO OFFER A QUITCLAIM DEED FOR INTEREST IN LANDS ON BLACK HILL IN MORRO BAY STATE PARK IN ACCORDANCE WITH CONDITIONS SET FORTH IN AN AGREEMENT AND GRANT OF EASEMENT ENTERED INTO WITH DEPARTMENT OF STATE PARKS AND RECREATION THE CITY COUNCIL City of Morro Bay, California WHEREAS, the City entered into an Agreement for a Grant of Easement with the State Department of Parks and Recreation in order that it might build a new steel water tank on "Black Hill" in Morro Bay State Park; and WHEREAS, Condition 13 of said Agreement, accepted by City Council Resolution 56-84, stipulates that the City quitclaim all interest in lands described elsewhere in the same Agreement. NOW, THEREFORE, BE IT RESOLVED That the City Council of the City of Morro Bay does hereby accept and consent to offer a quitclaim deed for that land described in the Morro Bay State Park Agreement and Grant of Easement accepted by City Council Resolution 56-84 on Mayl4, 1984, and does consent to its recordation by the State of California. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a Regular meeting thereof held on the 13th day of May, 1985, by the following roll call vote: AYES: Kaltenbach, Miller, Risley, Sheetz, Zeuschner NOES: None ABSENT: None BUD ZEUSCHNEV Mayor ATTEST: . /17" ARDITH DAVIS, Deputy City Clerk RESOLUTION NO. 30-85 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MRORO BAY IN RESPONSE TO THE DRAFT PROPOSED 5-YEAR OCS LEASING PROGRAM FOR 1986-1991 T H E C I T Y C O U N C I L The City of Morro Bay, California WHEREAS, the Department Interior has issued a "Draft Pro- posed 5-Year Outer Continental Shelf Leasing Program for 1986 through 1991" which outlines plans for offshore drilling lease sales during this period; and WHEREAS, the Department of Interior has solicited formal comments on the Draft OCS Program from affected states, local agencies, and interest groups; and WHEREAS, the Draft OCS Program proposes to reconfigure California offshore waters into three "OCS Planning Areas" known as Southern California (Mexican border to San Luis Obispo/ Monterey County line), Central California (San Luis Obispo/ Monterey County line to Sonoma/Mendocino County line), and Northern California (Sonoma/Mendocino County line to the Oregon border); and WHEREAS, the Draft OCS Program contains a total of five leasing actions offshore California during the time period covered by the Program, including two lease sales for the Southern California OCS Planning Area to be held in April 1987 and April 1990, one lease sale for Central California in May 1989, and two lease sales for Northern California in December 1987; and WHEREAS, the Draft OCS Program would grant broad discretion- ary authority to the Secretary of Interior to accellerate any of the five proposed lease sales offshore California and conduct them at an earlier date; and WHEREAS, the Draft OCS Program remains committed to massive area -wide leasing actions and a streamlined pre -lease planning process which would not permit adequate consideration of local land -use priorities, commercial fishing conflicts, or local agency input to leasing decisions; and WHEREAS, the Draft OCS Program fails to adequately consider the existing or anticipated uses of the sea and seabed, includ- ing fisheries, navigation, existing or proposed sealanes, or military use areas; and WHEREAS, the Draft OCS Program does not contain provisions for considering adverse regional economic impacts of OCS leasing actions on the existing economic base of each community; and Resolution No. 30-85 Page Two WHEREAS, the Draft OCS Program fails to consider the rela- tive marine productivity and environmental sensitivity of various OCS Planning Areas as required by the OCS Lands Act, nor does the Draft Program consider the equitable sharing of devel- opmental benefits and environmental risks among the various regions of the United States; and WHEREAS, the Draft OCS Program fails to consider the laws, goals, and policies of the State of California as required by the OCS Lands Act; and WHEREAS, the Draft OCS Program does not conduct the required "critical balancing" required by the OCS Lands Act; and WHEREAS, it is the adopted position of the City of Morro Bay that no OCS leasing should occur north of Santa Maria river - mouth; and WHEREAS, the City of Morro Bay has reviewed the Draft Pro- posed OCS Leasing Program and found that it does not address local agency concerns nor regional economic implications. NOW, THEREFORE, BE IT RESOLVED that the Morro Bay City Coun- cil hereby adopts this resolution opposing adoption of the Draft Proposed OCS Leasing Program by the Department of Interior; and BE IT FURTHER RESOLVED, that this resolution shall be for- warded to the Secretary of Environmental Affairs, Gordon Duffy, 1102 Q Street, Sacramento, CA 95814 to arrive prior to April 22, 1985; and BE IT FURTHER RESOLVED, that this resolution shall be for- warded to Secretary of Interior Donald Hodel, Department of the Interior, 18th and C Streets, N.W., Washington, D.C. 20240, to arrive prior to May 20, 1985, and other state and Congressional officials as appropriate. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof held the 22nd day of April, 1985, by the following vote: AYES: Kaltenbach, Miller, Risley, Sheetz, Zeuschner NOES: None ABSENT: None BUD ZEUS KNER, Mayor DTTRQT• RESOLUTION NO. 29 -85 SUPPORT OF SB 885 PROTECTION OF PUBLIC AGENCIES FROM CIVIL DAMAGES FOR RENDERING ASSISTANCE AT BOATING ACCIDENTS T H E C I T Y C O U N C I L City of Morro Bay, California .WHEREAS, under existing law, any person who gratuitously and in good faith renders assistance at the scene of a vessel accident without objection by those assisted is not liable for civil damages as a result of rendering such assistance; and WHEREAS, under existing law, this protection does not extend to public agencies or their employees; and WHEREAS, the City of Morro Bay does routinely render and provide emergency assistance and aid to the boating public; and WHEREAS, the City of Morro Bay has incurred significant financial costs in defending lawsuits related to the providing of such assistance; and e. WHEREAS, Senate Bill 885 would amend the Harbors and Navigation Code to protect public agencies from liability for civil damages for rendering such assistance. NOW, THEREFORE; BE IT RESOLVED that the City of Morro does ', hereby declare its support for Senate Bill 885 and recommends its passage into law. PASSED AND ADOPTED by the City Council of the City of Morro at a regular meetng thereof held the 22nd 'day of April 1985, by the following roll call vote: AYES: Kaltenbach; Miller, Risley;='Sheetz,>ZeuscRner" NOES: None ABSENT: None % y� BUD ZEUSCHNER, Mayor 9 RESOLUTION NO. 28-85 RESOLUTION DECLARING WEEDS A NUISANCE AND FIRE HAZARD AND AUTHORIZING THE PUBLIC WORKS DEPARTMENT TO PROCEED WITH ABATEMENT T H E C I T Y C O 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. BE IT FURTHER RESOLVED that a public hearing shall be held by the City Council of the City of Morro Bay on May 13, 1985, at 7:00 p.m. in the Morro Bay Recreation Hall to hear comments from individuals who received notice to abate. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof held the 22nd day of April , 1985, by the following roll call vote: AYES: Kaltenbach, Miller, Risley, Sheetz, Zeuschner NOES: None ABSENT: None O*L/ BUD ZEUSW14ER, Mayor • RESOLUTION NO. 26-85 RESOLUTION AWARDING BID NO. PW85-106 FOR WATERLINE MATERIALS AND FIRE HYDRANTS 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 adopted a final budget for FY 1984/85; and WHEREAS, said budget included $135,000 for water main replacement; and WHEREAS, bids for waterline materials and fire hydrants were solicited pursuant to Section 3.08 of the City of Morro Bay Municipal Code; and WHEREAS, the bid format provided that vendors bid each of four material groups (A,B,C, and D) separately, and further provided that the City reserved the right to make partial awards of said bid using any combination of vendors; and WHEREAS, five bids were received and publicly opened at 3:00 p.m., April 16, 1985; and WHEREAS, said bids have been reviewed and the three vendors indicated in Exhibit "A", attached and incorporated herein by reference, have been determined to be the lowest responsible bidders for the material group indicated and at the respective amounts listed in said Exhibit "A"; and WHEREAS, the respective bid awards total $32,252.40 and sufficient funds are available to proceed with the purchase of said materials. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay to award Bid No. PW85-106 for waterline materials and fire hydrants pursuant to Exhibit "A" for a total of $32,252.40. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof held the 22nd day of April, 1985 by the following roll call vote: AYES: Kaltenbach, Miller, Risley, Sheetz, Zeuschner NOES: None ABSENT: None Y RESOLUTION NO. 26-85 EXHIBIT "A" The lowest responsible bid for each material group specified in Bid No. PW85-106 is as follows: MATERIAL GROUP DESCRIPTION VENDOR• AMOUNT A Cast Iron Fittings Central Coast $ 6,726.97 Pipe & Supply B Service Fittings Pipeline $ 3,410.14* Products, Inc. C Pipe Pipeline $15,421.61* Materials, Inc. D Fire Hydrants & Pipeline $ 6,693.68* Fittings Products, Inc. TOTAL $32,252.40 *NOTE: Bidders conditions state that discounts will be considered when awarding the bid. The bid amount indicated reflects a 2% discount for payment within 10 days after acceptance of materials. 0 RESOLUTION NO. 25-85 RESOLUTION AWARDING BID NO. PW85-100 FOR A NEW TRAILER -MOUNTED SECTIONAL SEWER RODDER 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 adopted a final budget for FY 1984/85; and WHEREAS, said adopted budget included $25,000 for a new sewer rodder; and WHEREAS, on October 8, 1984, Council approved a Staff Recommendation to reduce the budgeted amount to $20,000; and WHEREAS, said budget adjustment reflected a conceptual change in the operating requirements for this unit; and WHEREAS, bids for a new sewer rodder were solicited pursuant to Section 3.08 of the City of Morro Bay Municipal Code; and WHEREAS, two bids were received and publicly opened at 3:30 p.m., April 10, 1985; and WHEREAS, said bids have been reviewed and Dew -Par Sales and Service has been determined to be the lowest responsible bidder at $15,312.76; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay to award Bid No. PW85-100 for a New Trailer - Mounted Sectional Sewer Rodder to Dew -Par Sales and Service of Mission Viejo, CA, in the amount of $15,312.76. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof held the 22nd day of April, 1985 by the following roll call vote: AYES: Kaltenbach, Miller, Risley, Sheetz, Zeuschner NOES: None ABSENT: None BUD ZEUSCFfNER, Mayor RESOLUTION NO. 24-85 RESOLUTION AWARDING BID NO. PW85-094 FOR A NEW PATCH TRUCK 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 Council approved on February 11, 1985, Chart C/Surplus Fund Allocation; and WHEREAS, said Chart C provided $20,000 for a new patch truck; and WHEREAS, Bids for a new patch truck were solicited pursuant to Section 3.08 of the City of Morro Bay Municipal Code; and WHEREAS, five bids were received and publicly opened at 3:30 p.m., April 4, 1985; and WHEREAS, said bids have been reviewed and Airport Auto Center of Santa Maria has been determined to be the lowest responsible bidder at $20,053.85; and WHEREAS, it is necessary to transfer $53.85 from available funds in Account No. 12-730230 to Account No. 01-918442 to consummate the award of said bid; and WHEREAS, the sale value of the 1971 patch truck being replaced is estimated to be $1,500 to $2,000. NOW, THEREFORE, BE IT RESOLVED by the City of Morro Bay City Council to authorize the transfer of $53.85 from Account No. 12- 730230 to Account No. 01-918442 and award Bid No. PW85-094 for a new patch truck to Airport Auto Center of Santa Maria in the amount of $20,053.85. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof held the 8th day of April, 1985 by the following vote: AYES: Kaltenbach, Miller, Risley, Sheetz, Zeuschner NOES: None ABSENT: None 0 RESOLUTION NO. 23-85 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY COMMENDING CHRISTOPHER G. MONEY ON HIS SERVICE TO THE COUNTY OF SAN LUIS OBISPO AS DISTRICT ATTORNEY WHEREAS, Christopher G. Money has provided outstanding service to the County of San Luis Obispo District Attorney's Office since February 1, 1965; and WHEREAS, he has served with distinction as Deputy District Attorney since January 12, 1970, and subsequently as District Attorney since January 8, 1979; and WHEREAS, Chris Money has unselfishly given the community countless hours of his time both publicly and privately; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Morro Bay extends its sincere appreciation and best wishes to Chris Money on the occasion of his appointment as Judge of the Municipal Court of the County of San Luis Obispo. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held thereof on April 8, 1985 by the following roll call vote: AYES: Kaltenbach, Miller, Risley, Sheetz, Zeuschner NOES: None ABSENT: None BUD ZEUSCHN9V MAYOR ATTEST: ARDITH M. DAVIS-, DEPUTY CITY CLERK RESOLUTION NO. 22-85 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, CALIFORNIA DENYING AN APPEAL OF THE PLANNING COMMISSION'S CONDITIONS OF APPROVAL FOR A CONDITIONAL USE PERMIT TO ALLOW AN ADDITION TO AN EXISTING MOTEL 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 15th day of October, 1984, after a duly noticed public hearing, approve a Conditonal Use Permit, at the request of Jerry Hempenius, to allow an additon to an existing motel for property located at 1080 Market Avenue in the VS-C/R- 3/PD district, and more particularly described as: APN: 66-0398-09 Lots 10, 11 and 12, Block 47 Town of Morro Bay Tract WHEREAS, on October 25, 1984, Jerry Hempenius did appeal this action to the City Council requesting relief from certain conditions of approval; and WHEREAS, the City Council of the City of Morro Bay did on March 25, 1985 hold a duly noticed public hearing on said appeal; and WHEREAS, at said public hearing, after considering the Planning Commission's report on this matter and the arguments of all persons, if any, wishing to testify, the City Council did find the following facts and reasons to justify denying said appeal; That the conditions of approval as required by the Planning Commission are reasonable and necessary to ensure that the establishment, maintenance or operation of this 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 that the use requested will not, therefore, be injurious or detrimental to property and improvements in the neighborhood or the general welfare of the city. 3 CITY COUNCIL RESOLUTION NO. 22-85 Page Two NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Morro Bay, California, as follows: I. That the above recitations are true and correct and constitute the findings of the Council on this matter, and 2. That the Council does hereby deny said appeal of Case No. CUP 93-84. 3. That the Council does hereby rescind Resolution 13-85, a previous action taken on this item. PASSED AND ADOPTED, on the 25th day of March, 1985, by the following roll call vote: AYES: Kaltenbach, Miller, Risley, Sheetz, Zeuschner NOES: None. ABSENT: None. ATTEST: 0 RESOLUTION NO. 21-85 A RESOLUTION APPROVING AND AUTHORIZING EXECUTION OF AN AGREEMENT WITH THE COUNTY OF SAN LUIS OBISPO FOR THE GRANT -FUNDED REPLACEMENT OF "TWIN BRIDGES" ON SOUTH BAY BOULEVARD IN MORRO BAY T H E C I T Y C O U N C I L City of Morro Bay, California WHEREAS, the Morro Bay City Council unanimously approved on November 14, 1983, that City request the County of San Luis Obispo to enter into a cooperative agreement for the purpose of reconstructing Twin Bridges on South Bay Boulevard within the City; and WHEREAS, the County has previously adopted a Board policy for grant -funded projects within incorporated cities which considers funding up to 50% of the local share if the project can be shown to be of significant benefit to the County; and WHEREAS, on April 17, 1984, the County Board of Supervisors authorized the negotiation of a Cooperative Agreement to extend County aid in the amount of $100,000 to the City for the grant - funded replacement of said Twin Bridges; and WHEREAS, the replacement of Twin Bridges is deemed to be of general interest to City and County residents alike; and WHEREAS, the estimated cost of the project is $1,231,000 of which Federal funds are estimated to be $985,000 and the com- bined local contribution of the City and County is estimated to be $246,000; and WHEREAS, the Streets and Highways Code authorizes the Board of Supervisors to cooperate with cities by extending County aid to cities for the improvement of roads and bridges within city limits. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay that the Agreement entitled, "Agreement Extending County Aid for the Replacment of 'Twin Bridges' on South Bay Boulevard in the City of Morro Bay," a copy of which is attached hereto and by this reference made a part thereof, is hereby approved. BE IT FURTHER RESOLVED that the Mayor is hereby authorized and directed to execute said Agreement on behalf of the City of Morro Bay evidencing this Council's approval thereof. BE IT FURTHER RESOLVED that the City Council hereby submits said Agreement to the County and respectfully requests the Resolution No. 21-85 Page Two County Board of Supervisors to approve said Agreement accordingly, and expresses its sincere appreciation to the Board for its support and assistance of this worthwhile project. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof held on the 25th day of March, 1985. AYES: Kaltenbach, Miller, Risley, Sheetz, Zeuschner NOES: None ABSENT: None BUD ZEUSCH E Mayor RESOLUTION NO. 20-85 RESOLUTION APPROVING FINAL MAP OF TRACT 1028 AND ACCEPTING OFFERS OF DEDICATION T H E C I T Y C O U N C I L City of Morro Bay, California WHEREAS, in April 1982, the Planning Commission did approve, at the request of James Merzon, Tentative Tract Map No. 1028; and WHEREAS, in April 1984, the City Council did approve a one- year extension to the Tentative Map; and WHEREAS, it has been determined that the Final Map conforms to the requirements of 16.24 of the Morro Bay Municipal Code; and WHEREAS, it has been determined that the Final Map substantially conforms to the approved Tentative Map. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Morro Bay does hereby approve the Final Map for Tract 1028 contingent upon approval of the Improvement Plans and Securities. BE IT FURTHER RESOLVED that the Offers of Dedication as delineated on said map be accepted on behalf of the public contingent upon construction, inspection, and approval of improvements in accordance with the approved Improvement Plan; and BE IT FURTHER RESOLVED that the Subdivision Improvement Agreement between the City of Morro Bay and James and Nanette Merzon, etal, is approved; and BE IT FURTHER RESOLVED that the City Clerk be authorized to cause recordation of appropriate documents and approved specific forms of security for the performance of required. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof held the 25th day of March, 1985, by the following roll call vote. AYES: Kaltenbach, NOES: None ABSENT: None Miller, Risley,, Sheetz, Zeuschner Q BUD ZEUSCH , Mayor RESOLUTION NO. 19-85 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY RATIFYING THE REVISED BY-LAWS FOR THE WATER ADVISORY COMMITTEE THE CITY COUNCIL CITY OF MORRO BAY, CALIFORNIA WHEREAS, the Water Advisory Committee revised its By -Laws at its meeting of February 13, 1985; and WHEREAS, the Water Advisory Committee had a second reading of the revised By -Laws at its meeting of March 13, 1985; and WHEREAS, the revised By -Laws have been approved by the Water Advisory Committee; NOW, THEREFORE, be it resolved by the City Council of the City of Morro Bay that the By -Laws, as revised by the Water Advisory Committee, be ratified. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held thereof on the 25th day of March, 1985, by the following roll call vote: AYES: Kaltenbach, Risley, Sheetz, Zeuschner NOES: Miller ABSENT: None BUD ZEUSCHNrR, Mayor ATTEST: GARY N , i Clerk RESOLUTION NO. 18-85 A RESOLUTION AUTHORIZING A GRANT APPLICATION TO THE CALIFORNIA ARTS COUNCIL REQUIRING MATCHING FUNDS FOR NANCY CASTLE T H E C I T Y C O U N C I L City of Morro Bay, California WHEREAS, the California Arts Council Artist in Residence Grant Program allows. individual artists to apply for funding in various arts.disciplines; and WHEREAS, the Grant Program requires a sponsoring agency to make direct monthly cash payments of $300 per month to the artist as well as provide supplies., materials and activities space to the artist for the eleven (11) month long project; and WHEREAS, the City of Morro Bay desires to serve as sponsoring organization for the purposes of this grant; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Morro Bay does promise to.provide, conditional upon the California Arts Council's approval, a monthly cash payment to the above named artist of.$300 for eleven months. BE IT FURTHER RESOLVED that the.City Council of the City of Morro Bay further promises to provide., conditional upon the California Arts Council's approval, a one-time rental and/or supply appropriation of $700 for the eleven month length of the project. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held on this 11% day of March, 1985 by the following vote: AYES: Kaltenbach, Risley, Sheetz, Zeuschner NOES: Miller ABSENT: None 0 BU9 ZEUSCINA MAYOR ATTEST: ARDITH DAVIS DEPUTY CITY CLERK 0ESOLUTION NO. 17-85 • A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY APPROVING AN AMENDMENT FOR AN EXTENSION OF LIFE OF THE LEASE TO MORRO BAY MARINA FOR MOORING ZONE A1-4 T H E C I T Y C O U N C I L City of Morro Bay, California WHEREAS, the City of Morro Bay has negotiated with Don Appling, Carol Trapp and Robert Waterman dba Morro Bay Marina, a California partnership; and WHEREAS, the original of said lease is on file in the office of the City Clerk of this City; and WHEREAS, it is in the public interest that approval of this City Council be given for an extension of the life of said lease to Morro Bay Marina for said Mooring Zone A1-4. NOW, THEREFORE, BE IT RESOLVED that consent is hereby given by the City Council of the City of Morro Bay to execution of an amendment concerning Mooring Zone A1-4 as follows: 1. Life of said lease is to be extended for one year to April 30, 1986; and 2. Rent is to be increased fifteen percent (15%) effective next semi-annual payment date, July 1, 1985; and 3. Leased premises to be appraised at fair market value and costs of said premises analyzed by January 1986; and 4. A copy of the Amendment is made a part of this Resolution. BE IT FURTHER RESOLVED that the Mayor and City Clerk be and are hereby directed to sign said Amendment on behalf of the City of Morro Bay. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held thereof on the 11th day of March 1985. AYES: Kaltenbach, Miller, Risley, Sheetz, Zeuschner NOES: None ABSENT: None ATTEST: 4 ;a�� r o ARDI DAVIS, Deputy City Clerk C� • RESOLUTION NO. 16-85 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY ESTABLISHING A DEFERRED COMPENSATION PLAN AS A MEANS OF PROVIDING A BENEFIT TO ITS MANAGEMENT EMPLOYEES T H E C I T Y C O U N C I L City of Morro Bay, California WHEREAS, members of the Morro Bay City Council desire to participate in the ICMA Deferred Compensation Plan; and WHEREAS, the City of Morro Bay has provided its management employees the opportunity to participate in the ICMA Deferred Compensation Plan; and WHEREAS, the establishment of a deferred compensation plan for such employees will serve the interests of the City of Morro Bay by enabling it to provide reasonable retirement security for its employees, by providing increased flexibility in its per- sonnel management system, and by assisting in the attraction and retention of competent personnel; and WHEREAS, the City of Morro Bay has determined that the establishment of a deferred compensation plan to be administered by the ICMA Retirement Corporation will serve the above objectives; and WHEREAS, the City of Morro Bay desires that the investment of funds held under its deferred compensation plan be admin- istered by the ICMA Retirement Corporation, as Trustee, with the understanding that such funds will be held by the ICMA Retire- ment Trust, a trust established by public employees for the purpose of representing the interests of such employees with respect to the collective investment of funds held under their deferred compensation plans. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Morro Bay adopts the deferred compensation plan, con- tained in Exhibit A attached, and appoints the ICMA Retirement Corporation to serve as Administrator thereof; and BE IT FURTHER RESOLVED that the City Council of the City of Morro Bay hereby executes the ICMA Trust, attached as Exhibit B; and BE IT FURTHER RESOLVED that the City Council of the City of Morro Bay hereby adopts the trust agreement, contained in Exhibit C attached, and appoints the ICMA Retirement Corporation as Trustee thereof, and directs the ICMA Retirement Corporation, as Trustee, to invest all funds held under the deferred compen- sation plan through the ICMA Retirement Trust as soon as practicable; and Resolution No. 16-85 Page Two BE IT FURTHER RESOLVED that .the Assistant to the City Administrator shall be the coordinator for this program and shall receive necessary reports, notices, etc. from the ICMA Retirement Corporation as Administrator, and• shall cast, on behalf of the City of Morro Bay, any required votes under the program. Administrative duties to carry out the plan may be assigned to the appropriate departments. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held this 25th day of March, 1985 by the following vote: AYES: Kaltenbach, Miller, Risley, Sheetz, Zeuschner NOES: None ABSENT: None BUD ZEUSCHNE , Mayor ATTEST: ARDITH DAVIS, Deputy City Clerk APPENDIX A ("EMPLOYER") DEFERRED COMPENSATION PLAN I. INTRODUCTION The Employer hereby establishes the Employer's Deferred Compensation Plan, hereinafter referred to as the "Plan:' The Plan consists of the provisions set forth in this document. The primary purpose of this Plan is to provide retirement income and other deferred benefits to the Employees of the Employer in accordance with the provisions of section 457 of the Internal Revenue Code of 1954, as amended. This Plan shall be an agreement solely between the Employer and participating Employees. II. DEFINITIONS 2.01 Account: The bookkeeping account maintained for each Participant reflecting the cumulative amount of the Participant's Deferred Compensation, including any income, gains, losses, or increases or decreases in market value attributable to the Employer's investment of the Participant's Deferred Compensation, and further reflecting any distribu- tions to the Participant or the Participant's Beneficiary and any fees or expenses charged against such Participant's Deferred Compensation. 2.02 Administrator: The person or persons named to carry out certain nondiscretionary administrative functions under the Plan, as hereinafter described. The Employer may remove any person as Administrator upon 60 days advance notice in writing to such person, in which case the Employer shall name another person or persons to act as Administrator. The Administrator may resign upon 60 days advance notice in writing to the Employer, in which the case the Employershall name another person or persons to act as Administrator. 2.03 Beneficiary: The person or persons designated by the Participant in his Joinder Agreement who shall receive any benefits payable hereunder in the event of the Participant's death. 2.04 Deferred Compensation: The amount of Normal Compensa- tion otherwise payable to the Participant which the Participant and the Employer mutually agree to defer hereunder, any amount credited to a Participant's Account by reason of a transfer under Section 6.03, or any other amount which the Employer agrees to credit to a Participant's Account. 2.05 Employee: Any individual who provides services for the Employer, whether as an employee of the Employer or as an independent contractor, and who has been designated by the Employer as eligible to participate in the Plan. 2.06 Includible Compensation: The amount of an Employee's compensation from the Employer for a taxable year that is attributable to services performed for the Employer and that is includible in the Employee's gross income for the taxable year for federal income lax purposes: such term does not include any amount excludable from gross income under this Plan or any other plan described in section 457(b) of the Internal Revenue Code. any amount excludable from gross income under section 403(b) of the Internal Revenue Code, or any other amount excludable from gross income for federal income tax purposes. Includible Compensation shall be determined without regard to any community property laws. 2.07 Joinder Agreement: An agreement entered into between an Employee and the Employer, including any amendments or modifications thereof. Such agreement shall fix the amount of Deferred Compensation, specify a preference among the investment alternatives designated by the Employer, designate the Employee's Beneficiary or Beneficiaries, and incorporate the terms, conditions, and provisions of the Plan by reference. 2.08 Normal Compensation: The amount of compensation which would be payable to a Participant by the Employer for a taxable year if no Joinder Agreement were in effect to defer compensation under this Plan. 2.09 Normal Retirement Age: Age 70. unless the Participant has elected an alternate Normal Retirement Age by written instrument delivered to the Administrator prior to Separation from Service. A Participant's Normal Retirement Age determines (a) the latest time when benefits may commence under this Plan (unless the Participant continues employ- ment after Normal Retirement Age), and (b) the period during which a Participant may utilize the catch-up limitation of Section 5.02 hereunder. Once a Participant has to any extent utilized the catch-up limitation of Section 5.02, his Normal Retirement Age may not be changed. A Participant's alternate Normal Retirement Age may not be earlier than the earliest date that the Participant will become eligible to retire and receive unreduced retirement benefits under the Employer's basic retirement plan covering the Participant and may not be later than the date the Participant attains age 70. If a Participant continues employment after attaining age 70. not having previously elected an alternate Normal Retirement Age, the Participant's alternate Normal Retirement Age shall not be later than the mandatory retirement age, if any, established by the Employer, or the age at which the Participant actually separates from service if the Employer has no mandatory retirement age. If the Participant will not become eligible to receive benefits under a basic retirement plan maintained by the Employer, the Participant's alternate Normal Retirement Age may not be earlier than attainment of age 55 and may not be later than attainment of age 70. 2.10 Participant: Any Employee who has joined the Plan pursuant to the requirements of Article IV. 2.11 Plan Year: The calendar year. 2.12 Retirement: The first date upon which both of the following shall have occurred with respect to a Participant: Separation from Service and attainment of Normal Retirement Age. 2.13 Separation from Service: Severance of the Participant's employment with the Employer. A Participant shall be deemed to have severed his employment with the Employer for purposes of this Plan when, in accordance with the established practices of the Employer, the employment relationship is considered to have actually terminated. In the case of a Participant who is an independent contractor of the Employer. Separation from Service shall be deemed to have occurred when the Participant's contract under which services are performed has completely expired and terminated, there is no foreseeable possibility that the Employer will renew the contract or enter into a new contract for the Participant's services, and it is not anticipated that the Participant will become an Employee of the Employer. III. ADMINISTRATION 3.01 Duties of Employer: The Employer shall have the authority to make all discretionary decisions affecting the rights or benefits of Participants which may be required in the administration of this Plan, 3.02 Duties of Administrator: The Administrator, as agent for the Employer, shall perform nondiscretionary administrative functions in connection with the Plan, including the maintenance of Participants' Accounts, the provision of periodic reports of the status of each Account and the disbursement of benefits on behalf of the Employer in accordance with the provisions of this Plan. IV. PARTICIPATION IN THE PLAN 4.01 Initial Participation: An Employee may become a Participant by entering into a Joinder Agreement prior to the beginning of the calendar month in which the Joinder Agreement is to become effective to defer compensation not yet earned. 4.02 Amendment of Joinder Agreement: A Participant may amend an executed Joinder Agreement to change the amount of compensation not yet earned which is to be deferred (including the reduction of such future deferrals to zero) or to change his investment preference (subject to such restric- tions as may result from the nature or terms of any investment made by the Employer). Such amendment shall become effective as of the beginning of the calendar month commencing after the date the amendment is executed. A Participant may at any time amend his Joinder Agreement to change the designated Beneficiary and such amendment shall become effective immediately. V. LIMITATIONS ON DEFERRALS 5.01 Normal Limitation: Except as provided in Section 5.02, the maximum amount of Deferred Compensation for any Participant for any taxable year shall not exceed the lesser of $7.500.00 or 33 1/3 percent of the Participant's Includible Compensation for the taxable year. This limitation will ordinarily be equivalent to the lesser of $7,500.00 or 25 percent of the Participant's Normal Compensation. 5.02 Catch-up Limitation: For each of the last three (3) taxable years of a Participant ending before his attainment of Normal Retirement Age, the maximum amount of Deferred Compensation shall be the lesser of: (1) $15,000 or (2) the sum of (i) the Normal Limitation for the taxable year, and (ii) that portion of the Normal Limitation for each of the prior taxable years of the Participant commencing after 1978 during which the Plan was in existence and the Participant was eligible to participate in the Plan (or in any other plan established under section 457 of the internal Revenue Code by an employer within the same State as the Employer) less the amount of Deferred Compensation for each such prior taxable year (including amounts deferred under such other plan). For purposes of this Section 5.02, a Participant's Includible Compensation for thecurrent taxableyear shall be deemed to include any Deferred Compensation for the taxable year in excess of the amount permitted under the Normal Limitation, and the Participant's Includible Compen- sation for any prior taxable year shall be deemed to exclude any amount that could have been deferred under the Normal Limitation for such prior taxable year. 5.03 Section 403(b) Annuities: For purposes of Sections 5.01 and 5.02, amounts contributed by the Employer on behalf of a Participant for the purchase of an annuity contract described in section 403(b) of the Internal Revenue Code shall be treated as if such amounts constituted Deferred Compensa- tion under this Plan for the taxable year in which the contribution was made and shall thereby reduce the maximum amount that maybe deferred for such taxable year. VI. INVESTMENTS AND ACCOUNT VALUES 6.01 Investment of Deferred Compensation: All investments of Participants' Deferred Compensation made by the Employer, including all property and rights purchased with such amounts and all income attributable thereto, shall be the sole property of the Employer and shall not be held in trust for Participants or as collateral security for the fulfillment of the Employer's obligations under the Plan. Such property shall be subject to the claims of general creditors of the Employer. and no Participant or Beneficiary shall have any vested interest or secured or preferred position with respect to such property or have any claim against the Employer except as a general creditor. 6.02 Crediting of Accounts: The Participant's Account shall reflect the amount and value of the investments or other property obtained by the Employer through the investment of the Participant's Deferred Compensation. It is anticipated that the Employer's investments with respect to a Participant will conform to the investment preference specified in the Participant's Joinder Agreement, but nothing herein shall be construed to require the Employer to make any particular investment of a Participant's Deferred Compensation. Each Participant shall receive periodic reports, not less frequently than annually, showing the then -current value of his Account. 6.03 Acceptance of Transfers: Pursuant to an appropriate written agreement, the Employer may accept and credit to a Participant's Account amounts transferred from another employer within the same State representing amounts held by such other employer under an eligible State deferred compensation plan described in section 457 of the Internal Revenue Code. Any such transferred amount shall not be treated as a deferral subject to the limitations of Article V, provided however, that the actual amount of any deferral under the plan from which the transfer is made shall be taken into account in computing the catch-up limitation under Section 5.02. 6.04 Employer Liability: In no event shall the Employer's liability to pay benefits to a Participant under Article VI exceed the value of the amounts credited to the Participant's Account: the Employer shall not be liable for losses arising from depreciation or shrinkage in the value of any investments acquired under this Plan. VII. BENEFITS 7.01 Retirement Benefits and Election on Separation from Service: Except as otherwise provided in this Article VII, the distribution of a Participant's Account shall commence during the second calendar month after the close of the Plan Year of the Participant's Retirement, and the distribution of such Retirement benefits shall be made in accordance with one of the payment options described in Section 7.02. Notwithstanding the foregoing. the Participant may irrevo- cably elect within 60 days following Separation from Service to have the distribution of benefits commence on a dateolher than that described in the preceding sentence which is at least 60 days after the date such election is delivered in writing to the Employer and forwarded to the Administrator but not later than 60 days after the close of the Plan Year of the Participant's Retirement. 7.02 Payment Options: As provided in Sections 7.01. 7.05and 7.06, a Participant may elect to have the value of his Account distributed in accordance with one of the following payment options, provided that such option is consistent with the limitations set forth in Section 7.03: (a) Equal monthly, quarterly, semi-annual or annual payments in an amount chosen by the Participant, continuing until his Account is exhausted; (b) One lump sum payment: (c) Approximately equal monthly, quarterly, semi-annual or annual payments, calculated to continue for a period certain chosen by the Participant: (d) Payments equal to payments made by the issuer of a retirement annuity policy acquired by the Employer; (a) Any other payment option elected by the Participant and agreed to by the Employer. A Participant's election of a payment option must be made at least 30 days before the payment of benefits is to commence. If a Participant fails to make a timely election of a payment option, benefits shall be paid monthly under option (c) above for a period of five years. 7.03 Limitation on Options: No payment option may be selected by the Participant under Section 7.02 unless the present value of the payments to the Participant, determined as of the date benefits commence, exceeds 50 percent of the value of the Participant's Account as of the date benefits commence. Present value determinations under this Section shall be made by the Administrator in accordance with the expected return multiples set forth in section 1.72-9 of the Federal Income Tax Regulations (or any successor provision to such regulations). 7.04 Post -retirement Death Benefits: Should the Participant die after he has begun to receive benefits under a payment option, the remaining payments, if any, under the payment option shall be payable to the Participant's Beneficiary commencing within 60 days after the Administrator receives proof of the Participant's death, unless the Beneficiary elects payment under a different payment option at least 30 days prior to the date that the first payment becomes payable to the Beneficiary. In no event shall the Employer or Administrator be liable to the Beneficiary for the amount of any payment made in the name of the Participant before the Administrator receives proof of death of the Participant. Notwithstanding the foregoing, payments to a Beneficiary shall not extend over a period longer than (i) the Beneficiary's life expectancy if the Beneficiary is the Participant's spouse or (ii) fifteen (15) years if the Beneficiary is not the Participant's spouse. If no Beneficiary is designated in the Joinder Agreement, or if the designated Beneficiary does not survive the Participant for a period of fifteen (15) days, then the commuted value of any remaining payments under the payment option shall be paid in a lump sum to the estate of the Participant. If the designated Beneficiary survives the Participant for a period of fifteen (15) days, but does not continue to live for the remaining period of payments under the payment option (as modified, if necessary, in conformity with the third sentence of this section), then the commuted value of any remaining payments under the payment option shall be paid in a lump sum to the estate of the Beneficiary. 7.05 Pre-retiremenl Death Benefits: Should the Participant die before he has begun to receive the benefits provided by Sections 7.01 or 7.06, a death benefit equal to the value of the Participant's Account shall be payable to the Beneficiary commencing no later than 60 days after the close of the Plan Year in which the Participant would have attained Normal Retirement Age. Such death benefit shall be paid in a lump sum unless the Beneficiary elects a different payment option within 90 days of the Participant's death. A Beneficiary who may elect a payment option pursuant to the provisions of the preceding sentence shall be treated as if he were a Participant for purposes of determining the payment options available under Section 7.02: provided, however, that the payment option chosen by the Beneficiary must provide for payments to the Beneficiary over a period no longer than the life expectancy of the Beneficiary if the Beneficiary is the Participant's spouse and must provide for payments over a period not in excess of fifteen (15) years if the Beneficiary is not the Participant's spouse. 7.06 Disability: In the event a Participant becomes disabled before the commencement of Retirement benefits under Section 7.01, the Participant may elect to commence benefits under one of the payment options described in Section 7.02 on the last day of the month following a determination of disability by the Employer. The Participant's request for such determination must be made within a reasonable time after the impairment which constitutes the disability occurs. A Participant shall be considered disabled for purposes of this Plan if he is unable to engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment which can be expected to result in death or be of long -continued and indefinite duration. The disability of any Participant shall be determined in accordance with uniform principles consistently applied and upon the basis of such medical evidence as the Employer deems necessary and desirable. 7.07 Unforeseeable Emergencies: In the event an unforeseeable emergency occurs, a Participant may apply to the Employer to receive that part of the value of his account that is reasonably needed to satisfy the emergency need. If such an application is approved by the Employer, the Participant shall be paid only such amount as the Employer deems necessary to meet the emergency need, but payment shall not be made to the extent that the financial hardship may be relieved through cessation of deferral under the Plan, insurance or other reimbursement, or liquidation of other assets to the extent such liquidation would not itself cause severe financial hardship. An unforeseeable emergency shall be deemed to involve only circumstances of severefinancial hardshipto the Participant resulting from a sudden and unexpected illnessor accident of the Participant or of a dependent (as defined in section 152(a) of the Internal Revenue Code) of the Participant, loss of the Participant's property due to casualty. or other similar and extraordinary unforeseeable circum- stances arising as a result of events beyond the control of the Participant. The need to send a Participant's child to college or to purchase a new home shall not be considered unforeseeable emergencies. The determination as to whether such an unforeseeable emergency exists shall be based on the merits of each individual case. Vill. NON -ASSIGNABILITY No Participant or Beneficiary shall have any right to commute, sell, assign, pledge, transfer or otherwise convey or encumber the right to receive any payments hereunder, which payments and rights are expressly declared to be non -assignable and non- transferable. Ix. RELATIONSHIP TO OTHER PLANS AND EMPLOYMENT AGREEMENTS This Plan serves in addition to any other retirement, pension, or benefit plan or system presently in existence or hereinafter established for the benefit of the Employer's employees. and participation hereunder shall not affect benefits receivable under any such plan or system. Nothing contained in this Plan shall be deemed to constitute an employment contract or agreement between any Participant and the Employer or to give any Participant the right to be retained in the employ of the Employer. Nor shall anything herein be construed to modify the terms of any employment contract or agreement between a Participant and the Employer. X. AMENDMENT OR TERMINATION OF PLAN The Employer may at any time amend this Plan provided that it transmits such amendment in writing to the Administrator at least 30 days prior to the effective date of the amendment. The consent of the Administrator shall not be required in order for such amendment to become effective, but the Administrator shall be under no obligation to continueacling as Administrator hereunder if it disapproves of such amendment. The Employer may at any time terminate this Plan. The Administrator may at any time propose an amendment to the Plan by an instrument in writing transmitted to the Employer at least 30 days before the effective date of the amendment. Such amendment shall become effective unless, within Such 30-day period, the Employer notifies the Administrator in writing that it disapproves such amendment, in which case such amendment shall not become effective. In the event of such disapproval, the Administrator shall be under no obligation to continue acting as Administrator hereunder. No amendment or termination of the Plan shall divest any Participant of any rights with respect to compensation deferred before the date of the amendment or termination. XI. APPLICABLE LAW This Plan shall be construed under the laws of the state where the Employer is located and is established with the intent that it meet the requirements of an "eligible State deferred compensation plan" under section 457 of the Internal Revenue Code of 1954. as amended. The provisions of this Plan shall be interpreted wherever possible in conformity with the requirements of that section. XII. GENDER AND NUMBER The masculine pronoun, wheneverused herein, shall include the feminine pronoun, and the singular shall include the plural, except where the context requires otherwise. AMENDMENT TO THE DECLARATION OF TRUST (APPENDIX B) Approved by ICMA Retirement Trust members, November 30, 1983 ARTICLE Vill. Miscellaneous SECTION 8.3. Notwithstanding any other provision of this Declaration of Trust, until December 31, 1984, unless such period is extended by the Trustees, the Trust Property may include amounts held by the Retirement Trust on behalf of public employers that have not executed the Declaration of Trust. 4/84 • • APPENDIX B DECLARATION OF TRUST of ICMA RETIREMENT TRUST ARTICLE I. Name and Definitions SECTION 1.1. Name. The Name of the Trust created hereby is the ICMA Retirement Trust. SECTION 1,2. Definitions. Wherever they are used herein, the following terms shall have the following respective meanings: (a) By -Laws. The By -Laws referred to in Section 4.1 hereof, as amended from time to time. (b) Deferred Compensation Plan. A deferred compensation plan established and maintained by a Public Employerfor the purpose of providing retirement income and other deferred benefits to its employees in accordance with the provisions of section 457 of the Internal Revenue Code of 1954. as amended. (c) Guaranteed Investment Contract. A contract entered into by the Retirement Trust with insurance companies that provides for a guaranteed rate of return on investments made pursuant to such contract. (d) ICMA. The International City Management Association (a) ICMA/RC Trustees. Those Trustees elected by the Public Employers who, in accordance with the provisions of Section 3.1(a) hereof, are also members of the Board of Directors of ICMA or RC. (f) Investment Adviser. The Investment Adviser that enters into a contract with the Retirement Trust to provide advice with respect to investment of the Trust Property. (g) Employer Trust. A trust created pursuant to an agreement between RC and a Public Employer for the purpose of investing and administering the funds set aside by such employer in connection with its deferred compensation agreements with its employees. (h) Portfolios. The Portfolios of investments established by the Investment Adviser to the Retirement Trust, under the supervision of the Trustees, for the purpose of providing investments for the Trust Property. (i) Public Employee Trustees. Those Trustees elected by the Public Employers who, in accordance with the provisions of Section 3.1(a) hereof, are full-time employees of Public Employers. (j) Public Employer. A unit of state or local government, or any agency or instrumentality thereof. that has adopted a Deterred Compensation Plan and has executed this Declaration of Trust. (k) RC. The International City Management Association Retirement Corporation. (1) Retirement Trust. The Trust created by this Declaration of Trust. (m) Trust Property. The amounts held in the Retirement Trust on behalf of the Public Employers. The Trust Property shall include any income resulting from the investment of theamounts so held. (n) Trustees. The Public Employee Trustees and ICMA/RC Trustees elected by the Public Employers to serve as members of the Board of Trustees of the Retirement Trust. ARTICLE 11. Creation and Purpose of the Trust; Ownership of Trust Property SECTION 2.1. Creation. The Retirement Trust is created and established by the execution of this Declaration of Trust by the Trustees and the participating Public Employers. SECTION 2.2. Purpose. The purpose of the Retirement Trust is to provide for the commingled investment of funds held by the Public Employers in connection with their Deterred Compensation Plans. The Trust Property shall be invested in the Portfolios, in Guaranteed Investment Contracts and in other investments recommended by the Investment Adviser under the supervision of the Board of Trustees. SECTION 2.3 Ownership of Trust Property. The Trustees shall have legal title to the Trust Property, The Public Employers shall be the beneficial owners of the Trust Property. ARTICLE III. Trustees SECTION 3.1. Number and Qualification of Trustees. (a) The Board of Trustees shall consist of nine Trustees. Five of the Trustees shall be full-time employees of a Public Employer (the Public Employee Trustees) who are authorized by such Public Employer to serve as Trustee. The remaining four Trustees shall consist of two persons who, at the time of election to the Board of Trustees, are members of the Board of Directors of ICMA and two persons who, at the time of election, are members of the Board of Directors of RC (the ICMA/RC Trustees). One of the Trustees who is a director of ICMA, and one of the Trustees who is a director of RC, shall, at the time of election, be full-time employees of a Public Employer. (b) No person may serve as a Trustee for more than one term in any ten-year period. SECTION 3.2. Election and Term. (a) Except for the Trustees appointed to fill vacancies pursuant to Section 3.5 hereof, the Trustees shall be elected by a vote of a majority of the Public Employers in accordance with the procedures set forth in the By -Laws. (b) At the first election of Trustees, three Trustees shall be elected for a term of three years. three Trustees shall be elected for a term of two years and three Trustees shall be elected for a term of one year. At each subsequent election, three Trustees shall be elected for a term of three years and until his or her successor is elected and qualified. SECTION 3.3. Nominations. The Trustees who are full-time employees of Public Employers shall serve as the Nominating Committee for the Public Employee Trustees. The Nominating Committee shall choose candidates for Public Employee Trustees in accordance with the procedures set forth in the By -Laws. SECTION 3.4. Resignation and Removal. (a) Any Trustee may resign as Trustee (without need for prior or subsequent accounting) by an instrument in writing signed by the Trustee and delivered to the other Trustees and such resignation shall be effective upon such delivery, or at a later date according to the terms of the instrument. Any of Ttie Trustees may be removed for cause, by a vote of a majority of the Public Employers. (b) Each Public Employee Trustee shall resign his or her position as Trustee within sixty days of the date on which he or she ceases to be a full-time employee of a Public Employer. SECTION 3.5. Vacancies. The term of office of a Trustee shall terminate and a vacancy shall occur in the event of the death, resignation, removal, adjudicated incompetence or other incapacity to perform the duties of the office of a Trustee. In thecaseof a vacancy, the remaining Trustees shall appoint such person as they in theirdiscretion shall see lit (subject to the limitations set forth in this Section), to serve for the unexpired portion of the term of the Trustee who has resigned or otherwise ceased to be a Trustee. The appointment shall be made by a written instrument signed by a majority of the Trustees. The person appointed must be the same type of Trustee (i.e.. Public Employee Trustee or ICMA/RC Trustee) as the person who has ceased to be a Trustee. An appointment of a Trustee may be made in anticipation of a vacancy to occur at a later date by reason of retirement or resignation, provided that such appointment shall not becomeeffective priorto such retirement or resignation. Whenever a vacancy in the number of Trustees shall occur, until such vacancy is filled as provided in this Section 3.5, the Trustees in office, regardless of their number, shall have all the powers granted to the Trustees and shall discharge all the duties imposed upon the Trustees by this Declaration. A written instrument certifying the existence of such vacancy signed by a majority of the Trustees shall be conclusive evidence of the existence of such vacancy. SECTION 3.6. Trustees Serve in Representative Capacity. By executing this Declaration, each Public Employer agrees that the Public Employee Trustees elected by the Public Employers are authorized to act as agents and representatives of the Public Employers collectively. ARTICLE IV. Powers of Trustees SECTION 4.1. General Powers. The Trustees shall have the power to conduct the business of the Trust and to carry on its operations. Such power shall include, but shall not be limited to, the power to: (a) receive the Trust Property from the Public Employers or from a Trustee of any Employer Trust; (b) enter into a contract with an Investment Adviser providing, among other things, for the establishment and operation of the Portfolios, selection of the Guaranteed Investment Contracts in which the Trust Property may be invested, selection of other investments for the Trust Property and the payment of reasonable fees to the Investment Adviser and to any sub -investment adviser retained by the Investment Adviser; (c) review annually the performance of the Investment Adviser and approve annually the contract with such Investment Adviser; (d) invest and reinvest the Trust Property in the Portfolios, the Guaranteed Investment Contracts and in any other investment recommended by the Investment Adviser, provided that if a Public Employer has directed that its monies be invested in specified Portfolios or in a Guaranteed Investment Contract, the Trustees of the Retirement Trust shall invest such monies in accordance with such directions: (a) keep such portion of the Trust Property in cash or cash balances as the Trustees, from time to time. may deem to be in the best interest of the Retirement Trust created hereby, without liability for interest thereon: (1) accept and retain for such time as they may deem advisable any securities or other property received or acquired by them as Trustees hereunder, whether or not such securities or other property would normally be purchased as investments here- under: (g) cause any securities or other property held as part of the Trust Property to be registered in the name of the Retirement Trust or in the name of a nominee. and to hold any investments in bearer form, but the books and records of the Trustees shall at all limes show that aTl such investments are a part of the Trust Property; (h) make, execute, acknowledge, and deliver any and all documents of transfer and conveyance and any and all other instruments that may be necessary or appropriate to carry out the powers herein granted; (i) vote upon any stock, bonds, or other securities; give general or special proxies or powers of attorney with or without power of substitution; exercise any conversion privileges. subscription rights. or other options, and make any payments incidental thereto; oppose, or consent to. or otherwise participate in, corporate reorganizations or other changes affecting corporate securities, and delegate discretionary powers, and pay any assessments or charges in connection therewith; and generally exercise any of the powers of an owner with respect to stocks, bonds, securities or other property held as part of the Trust Property; (j) enter into contracts or arrangements for goods or services required in connection with the operation of the Retirement Trust, including, but not limited to, contracts with custodians and contracts for the provision of administrative services; (k) borrow or raise money for the purpose of the Retirement Trust in such amount, and upon such terms and conditions, as the Trustees shall deem advisable, provided that the aggregate amount of such borrowings shall not exceed 30% of the value of the Trust Property. No person lending money to the Trustees shall be bound to see the application of the money lent or to inquire into its validity, expediency or propriety of any such borrowing; (1) incur reasonable expenses as required for the operation of the Retirement Trust and deduct such expenses from the Trust Property; (m) pay expenses properly allocable to the Trust Property incurred in connection with the Deferred Compensation Plans or the Employer Trusts and deduct such expenses from that portion of the Trust Property beneficially owned by the Public Employer to whom such expenses are properly allocable; (n) pay out of the Trust Property all real and personal property taxes, income taxes and other taxes of any and all kinds which, in the opinion of the Trustees, are properly levied, or assessed under existing or future laws upon, or in respect of, the Trust Property and allocate any such taxes to the appropriate accounts; (o) adopt, amend and repeal the By -Laws, provided that such By - Laws are at all times consistent with the terms of this Declaration of Trust; (p) employ persons to make available interests in the Retirement Trust to employers eligible to maintain a deferred compensation plan under section 457 of the Internal Revenue Code, as amended; (q) issue the Annual Report of the Retirement Trust, and the disclosure documents and other literature used by the Retirement Trust; (r) make loans, including the purchase of debt obligations, provided that all such loans shall bear interest at the current market rate; (s) contract for, and delegate any powers granted hereunder to, such officers, agents, employees, auditors and attorneys as the Trustees may select, provided that the Trustees may not delegate the powers set forth in paragraphs (b), (c) and (o) of this Section 4.1 and may not delegate any powers if such delegation would violate their fiduciary duties; (t) provide for the indemnification of the officers and Trustees of the Retirement Trust and purchase fiduciary insurance; (u) maintain books and records, including separate accounts for each Public Employer or Employer Trust and such additional separate accounts as are required under, and consistent with, the Deferred Compensation Plan of each Public Employer; and (v) do all such acts, take all such procee?,'ngs, and exercise all such rights and privileges, although not specifically mentioned herein, as the Trustees may deem necessary or appropriate to administer the Trust Property and to carry out the purposes of the Retirement Trust, SECTION 4.2. Distribution of Trust Property. Distributions of the Trust Property shall be made to, or on behalf of, the Public Employer, in accordance with the terms of the Deterred Compensation Plans or Employer Trusts. The Trustees of the Retirement Trust shall be fully protected in making payments in accordance with the directions of the Public Employers or the Trustees of the Employer Trusts without ascertaining whether such payments are in compliance with the provisions of the Deferred Compensation Plans or the agreements creating the Employer Trusts. SECTION 4.3. Execution of Instruments. The Trustees may unanimously designate any one or more of the Trustees to execute any instrument or document on behalf of all, including but not limited to the signing or endorsement of any check and the signing of any applications, insurance and other contracts, and the action of such designated Trustee or Trustees shall have the same force and effect as if taken by all the Trustees. ARTICLE V. Duty of Care and Liability of Trustees SECTION 5.1. Duty of Care. In exercising the powers hereinbefore granted to the Trustees, the Trustees shall perform all acts within their authority for the exclusive purpose of providing benefits for the Public Employers, and shall perform such acts with the care, skill, prudence and diligence in the circumstances then prevailing that a prudent person acting in a like capacity and familiar with such matters would use in the conduct of an enterprise of a like character and with like aims. SECTION 5.2. Liability. The Trustees shall not be liable for any mistake of judgment or other action taken in good faith, and for any action taken or omitted in reliance in good faith upon the books of account or other records of the Retirement Trust, upon the opinion of counsel, or upon reports made to the Retirement Trust by any of its officers, employees or agents or by the Investment Adviser or any sub - investment adviser, accountants, appraisers or other experts or consultants selected with reasonable care by the Trustees, officers or employees of the Retirement Trust. The Trustees shall also not be liable for any loss sustained by the Trust Property by reason of any investment made in good faith and in accordance with the standard of care set forth in Section 5.1. SECTION 5.3. Bond. 175 Trustee shall be obligated to give any bond or other security for the performance of any of his or her duties hereunder. ARTICLE VI. Annual Report to Shareholders The Trustees shall annually submit to the Public Employers a written report of the transactions of the Retirement Trust, including financial statements which shall be certified by independent public accountants chosen by the Trustees. ARTICLE VII. Duration or Amendment of Retirement Trust SECTION 7.1. Withdrawal, A Public Employer may, at anytime, with- draw from this Retirement Trust by delivering to the Board of Trustees a statement to that effect. The withdrawing Public Employer's beneficial interest in the Retirement Trust shall be paid out to the Public Employer or to the Trustee of the Employer Trust, as appropriate. SECTION 7.2. Duration. The Retirement Trust shall continue until terminated by the vote of a majority of the Public Employers, each casting one vote. Upon termination, all of the Trust Property shall be paid out to the Public Employers or the Trustees of the Employer Trusts, as appropriate. SECTION 7.3. Amendment. The Retirement Trust may be amended by the vote of a majority of the Public Employers, each casting one vote. SECTION 7.4. Procedure. A resolution to terminate or amend the Retirement Trust or to remove a Trustee shall be submitted to a vote of the Public Employers if: (a) a majority of the Trustees so direct, or (b) a petition requesting a vote. signed by not less than 25%of the Public Employers, is submitted to the Trustees. ARTICLE Vill. Miscellaneous SECTION 8.1. Governing Law. Except as otherwise required by state or local law, this Declaration of Trust and the Retirement Trust hereby created shall be construed and regulated by the laws of the District of Columbia. SECTION 8.2. Counterparts, This Declaration may be executed by the Public Employers and Trustees in two or more counterparts, each of which shall be deemed an original but all of which together shall constitute one and the same instrument. . APPENDIX C TRUST AGREEMENT WITH THE ICMA RETIREMENT CORPORATION AGREEMENT made by and between the Employer named in the attached resolution and the International City Management Association Retirement Corporation (hereinafter the "Trustee" or "Retirement Corporation"), a nonprofit corporation organized and existing under the laws of the Stale of Delaware. for the purpose of investing and otherwise administering the funds set aside by Employers in connection with deterred compensation plans established under section 457 of the .Internal Revenue Code of 1954 (the" Code"). This Agreement shall take effect upon acceptance by the Trustee of its appointment by the Employer to serve as Trustee in accordance herewith as set forth in the attached resolution. WHEREAS, the Employer has established adeferred compensation plan under section 457 of the Code (the "Plan"); WHEREAS, in order that there will be sufficient funds available to discharge the Employer's contractual obligations under the Plan, the Employer desires to set aside periodically amounts equal to the amount of compensation deferred; WHEREAS. the funds set aside, together with any and all assetsderived from the investment thereof, are to be exclusively within the dominion, control, and ownership of the Employer, and subject to the Employer's absolute right of withdrawal, no employees having any interest whatsoever therein; NOW, THEREFORE, this Agreement witnesseth that (a) the Employer will pay monies to the Trustee to be placed in deferred compensation accounts for the Employer: (b) the Trustee covenants that it will hold said sums, and any other funds which it may receive hereunder, in trust for the uses and purposes and upon the terms and conditions hereinafter stated: and (c) the parties hereto agree as follows: ARTICLE I. General Duties of the Parties. Section 1.1. General Duty of the Employer. The Employer shall make regular periodic payments equal to the amounts of its employees' compensation which are deferred in accordance with the terms and conditions of the Plan to the extent that such amounts areto be invested under the Trust. Section 1.2. General Duties of the Trustee. The Trustee shall hold all funds received by it hereunder, which, together with the income therefrom, shall constitute the Trust Funds. It shall administer the Trust Funds, collect the income thereof, and make payments therefrom, all as hereinafter provided. The Trustee shall also hold all Trust Funds which are transferred to it as successor Trustee by the Employer from existing deferred compensation arrangements with its Employees under plans described in section 457 of the Code. Such Trust Funds shall be subject to all of the terms and provisions of this Agreement. ARTICLE II. Powers and Duties of the Trustee in Investment, Administration, and Disbursement of the Trust Funds. Section 2.1. Investment Powers and Duties of the Trustee. The Trustee shall have the power to invest and reinvest the principal and income of the Trust Funds and keep the Trust Funds invested, without distinction between principal and income, in securities or in other property, real or personal, wherever situated. including, but not limited to, stocks, common or preferred, bonds, retirement annuity and insurance policies, mortgages, and other evidences of indebtedness or ownership, investment companies. common or group trust funds, or separate and different types of funds (including equity, fixed income) which lulfill requirements of state and local governmental laws, provided, however, that the Employer may direct investment by the Trustee among available investment alternatives in such proportions as the Employer authorizes in connection with its deferred compensation agreements with its employees. For these purposes, these Trust Funds may be commingled with Trust Funds set aside by other Employers pursuant to the terms of the ICMA Retirement Trust. Investment powers vested in the Trustee by the Section may be delegated by the Trustee to any bank, insurance or trust company, or any investment advisor, manager or agent selected by it. Section 2.2. Administrative Powers of the Trustee. The Trustee shall have the power in its discretion: (a) To purchase, or subscribe for, any securities or other properly and to retain the same in trust. (b) To sell, exchange. convey, transfer or otherwise dispose of any securities or other property held by it, by private contract, or at public auction. No person dealing with the Trustee shall be bound to see the application of the purchase money or to inquire into the validity, expediency, or propriety of any such sale or other disposition. (c) To vote upon any stocks, bonds, or other securities; to give general or special proxies or powers of attorney with or without power of substitution; to exercise any conversion privileges, subscription rights, or other options, and to make any payments incidental thereto; to oppose, or to consent to, or otherwise participate in, corporate reorganizations or other changes affecting corporate securities, and to delegate discretionary powers, and to pay any assessments or charges in connection [herewith; and generally to exercise any of the powers of an owner with respect to stocks, bonds, securities or other property held as part of the Trust Funds. (d) To cause any securities or other property held as part of the Trust Funds to be registered in its own name, and to hold any investments in bearer form, but the books and records of the Trustee shall at all times show that all such investments area part of the Trust Funds. (e) To borrow or raise money for the purpose of the Trust in such amount, and upon such terms and conditions, as the Trustee shall deem advisable: and, for any sum so borrowed. to issue its promissory note as Trustee, and to secure the repayment thereof by pledging all, or any part, of the Trust Funds. No person lending money to the Trustee shall be bound to see the application of the money lent or to inquire into its validity, expediency or propriety of any such borrowing. (f) To keep such portion of the Trust Funds in cash or cash balances as the Trustee, from time to time, may deem to be in the best interest of the Trust created hereby, without liability for interest thereon. (g) To accept and retain for such time as it may deem advisable any securities or other property received or acquired by it as Trustee hereunder, whether or not such securities or other property would normally be purchased as investment hereunder. (h) To make, execute, acknowledge, and deliver any and all documents of transfer and conveyance and any and all other instruments that may be necessary or appropriate to carry out the powers herein granted. (i) TO settle, compromise, or submit to arbitration any claims. debts, or damages due or owing to or from the Trust Funds: to commence or defend suits or legal or administrative proceedings: and to represent the Trust Funds in all suits and legal and administrative proceedings. (j) To do all such acts, take all such proceedings. and exercise all such rights and privileges, although not specifically mentioned herein, as the Trustee may deem necessary to administer the Trust Funds and to carry out the purposes of this Trust. Section 2.3. Distributions from the Trust Funds. The Employer hereby appoints the Trustee as its agent for the purpose of making distributions from the Trust Funds. In this regard the terms and conditions set forth in the Plan are to guide and control the Trustee's power. Section 2.4. Valuation of Trust Funds. At least once a year as of Valuation Dates designated by the Trustee, the Trustee shall determine the value of the Trust Funds. Assets of the Trust Funds shall be valued at their market values at the close of business on the Valuation Date, or, in the absence of readily ascertainable market values as the Trustee shall determine, in accordance with methods consistently followed and uniformly applied. ARTICLE III. For Protection of Trustee. Section 3.1. Evidence of Action by Employer. The Trustee may rely upon any certificate, notice or direction purporting to have been signed on behalf of the Employer which the Trustee believes to have been signed by a duly designated official of the Employer. No communication shall be binding upon any of the Trust Funds or Trustee until they are received by the Trustee. Section 3.2. Advice of Counsel. The Trustee may consult with any legal counsel with respect to the construction of this Agreement, its duties hereunder, Or any act, which it proposes to lake or omit, and shall not be liable for any action taken or omitted in good faith pursuant to such advice. Section 3.3. Miscellaneous. The Trustee shall use ordinary care and reasonable diligence, but shall not be liable for any mistake of judgment or other action taken in good faith. The Trusteeshall not be liable for any loss sustained by the Trust Funds by reasons of any investment made in good faith and in accordance with the provisions of this Agreement. The Trustee's duties and obligations shall be limited to those expressly imposed upon it by this Agreement. ARTICLE IV. Taxes, Expenses and Compensation of Trustee. Section4.1. Taxes. The Trustee shall deduct from and charge against the Trust Funds any taxes on the Trust Funds or the income thereof or which the Trustee is required to pay with respect to the interest of any person therein. Section 4,2. Expenses. The Trustee shall deduct from and charge against the Trust Funds all reasonable expenses incurred by the Trustee in the administration of the Trust Funds, including counsel, agency. investment advisory, and other necessary fees. ARTICLEV. Settlement of Accounts. The Trustee shall keep accurate and detailed accounts of all investments, receipts, disbursements, and other transactions hereunder. Within ninety (90) days after the close of each fiscal year, the Trustee shall render in duplicate to the Employer an account of its acts and transactions as Trustee hereunder. If any part of the Trust Fund shall be invested through the medium of any common, collective or commingled Trust Funds, the last annual report of such Trust Funds shall be submitted with and incorporated in the account. If within ninety (90) days after the mailing of the account or any amended account the Employer has not filed with the Trustee notice of any objection to any act or transaction of the Trustee, the account or amended account shall become an account stated. If any objection has been filed, and if the Employer is satisfied that it should be withdrawn or if the account is adjusted to the Employer's satisfaction, the Employer shall in writing filed with the Trustee signify approval of the account and it shall become an account stated. When an account becomes an account stated, such account shall be finally settled, and the Trustee shall be completely discharged and released, as if such account had been settled and allowed by a judgment or decree of a court of competent jurisdiction in an action or proceeding in which the Trustee and the Employer were parties. The Trustee shall have the right to apply at any time to a court of competent jurisdiction for the judicial settlement of its account. ARTICLE VI. Resignation and Removal of Trustee. Section 6.1. Resignation of Trustee. The Trustee may resign at any time by filing with the Employer its written resignation. Such resignation shall take effect sixty (60) days from the date of such filing and upon appointment of a successor pursuant to Section 6.3., whichever shall first occur. Section 6.2. Removal of Trustee. The Employer may remove the Trustee at any time by delivering to the Trustee a written notice of its removal and an appointment of a successor pursuant to Section 6.3. Such removal shall not take effect prior to sixty (60) days from such delivery unless the Trustee agrees to an earlier effective date. Section 6.3. Appointment of Successor Trustee. The appointment of a successor to the Trustee shall take effect upon the delivery to the Trustee of (a) an instrument in writing executed by the Employer appointing such successor, and exonerating such successor from liability for the acts and omissions of its predecessor, and (b) an acceptance in writing, executed by such successor. All of the provisions set forth herein with respect to the Trustee shall relate to each successor with the same force and effect as if such successor had been originally named as Trustee hereunder. If a successor is not appointed with sixty (60) days after the Trustee gives notice of its resignation pursuant to Section 6.1., the Trustee may apply to any court of competent jurisdiction for appointment of a successor. Section 6.4. Transfer of Funds to Successor. Upon the resignation or removal of the Trustee and appointment of a successor, and after the final account of the Trustee has been properly settled, the Trustee shall transfer and deliver any of the Trust Funds involved to such successor. ARTICLE VII. Duration and Revocation of Trust Agreement. Section 7.1. Duration and Revocation. This Trust shall continue for such time as may be necessary to accomplish the purpose for which it was created but may be terminated or revoked at any time by the Employer as it relates to any and/or all related participating Employees. Written notice of such termination or revocation shall be given to the Trustee by the Employer. Upon termination or revocation of the Trust, all of the assets thereof shall return to and revert to the Employer. Termination of this Trust shall not, however, relieve the Employeroi the Employer's continuing obligation to pay deferred compensation to Employees in accordance with the terms of the Plan. Section7.2. Amendment. The Employer shall have the right to amend this Agreement in whole and in part but only with the Trustee's written consent. Any such amendment shall become effective upon (a) delivery to the Trustee of a written instrument of amendment, and (b) the endorsement by the Trustee on such instrument of its consent thereto. ARTICLE Vill. Miscellaneous. Section 8.1. Laws of the District of Columbia to Govern. This Agreement and the Trust hereby created shall be construed and regulated by the laws of the District of Columbia. Section 8.2. Successor Employers. The "Employer" shall include any person who succeeds the Employer and who thereby becomes subject to the obligations of the Employer under the Plan. Section 8.3. Withdrawals. The Employer may. at any time, and from time to time, withdraw a portion or all of Trust Funds created by this Agreement. Section 8.4. Gender and Number. The masculine includes the feminine and the singular includes the plural unless the context requires another meaning. RESOLUTION NO. 15-85 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY COMMENDING AND THANKING NELLIE C. CECIL FOR HER 20 YEARS OF SERVICE TO THE CITY T H E C I T Y C O U N C I L City of Morro Bay, California WHEREAS, from 1965 to February 1985, Nellie Cecil served in the employ of the City of Morro Bay; and WHEREAS, during those 20 years, Nellie Cecil worked for the City in various capacities, but did, during most of her tenure, serve as Secretary to the Planning and Building Department; and WHEREAS, in this important position, Nellie Cecil has played an instrumental role in the planning for and guidance of the physical growth of Morro Bay throughout its incorporated history and has helped to ensure that new development in the City is safe and attractive; and WHEREAS, during her tenure, Nellie Cecil earned a reputation for the high level of her professional skills and for her depth of knowledge about the town; and WHEREAS, Nellie Cecil is widely recognized for her devotion to her work, for her commitment to the community, and for her loyalty to the City of Morro Bay. NOW, THEREFORE, the City Council of the City of Morro Bay does hereby thank and commend Nellie Cecil for her 20 years of service to the community and extends to Mrs. Cecil and her family best wishes on her retirement. PASSED AND ADOPTED this 11th day of March, 1985. romml.....W-W-1/es.l. • • J MILLE , Councilmember RRAY'KALTENBACH, Councilmember 0 Resolution No. 11-85 Page Two PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held thereof on the 25th day of March, 1985, by the following vote: AYES: Kaltenbach, Risley, Sheetz NOES: Miller, Zeuschner ABSENT: None BUD ZEUSCHNE Mayor RESOLUTION NO. 14-85 RESOLUTION ABANDONING AN EASEMENT ACROSS LOTS 3 & 4, BLOCK 6, of TRACT NO. 81 THE CITY COUNCIL City of Morro Bay, California WHEREAS, the owner of Lots 3 and 4, Block 6, of Tract No. 81 wishes to develop said parcels; and WHEREAS, the Morro Bay City Council, by Resolution 2-85, accepted a new sewer easement across Lots 3 and 4; and WHEREAS, the owner has constructed a sewer main in the new sewer easement as required by the Agreement Regarding Relocation of Easement as recorded in Volume 2671 of official Records, page 402 at the San Luis Obispo County Recorders Office; and WHEREAS, said sewer main has been inspected and approved by the City. NOW, THEREFORE, BE IT RESOLVED: That the now unused sewer easement be abandoned. BE IT FURTHER RESOLVED: That the City Administrator be authorized to cause said abandonment to be recorded at the San Luis Obispo County Recorder. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof held the llth day of March, 1985, by the following roll call vote: , AYES: Kaltenbach, Miller, Risley, Sheetz, Zeuschner NOES: None ABSENT: None BUD ZEUSC W R, Mayor ATTEST: ARDITH DAVIS, Deputy City Clerk RESOLUTION NO. 13-85 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, CALIFORNIA DENYING AN APPEAL OF THE PLANNING COMMISSION'S CONDITIONS OF APPROVAL FOR A CONDITIONAL USE PERMIT TO ALLOW AN ADDITION TO AN EXISTING MOTEL 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 15th day of October, 1984, after a duly noticed public hearing, approve a Conditional Use Permit, at the request of Jerry Hempenius, to allow an addition to a❑ existing motel for property located at 1080 Market Avenue in the VS-C/R- 3/PD district, and more particularly described as: APN: 66-038-09 Lots 10, 11 and 12 Block 47 Town of Morro Bay Tract WHEREAS, on October 25, 1984, Jerry Hempenius did appeal this action to the City Council requesting relief from certain conditions of approval; and WHEREAS, the City Council of the City of Morro Bay did on April 23, 1984 hold a duly noticed public hearing on said appeal; and WHEREAS, at said public hearing, after considering the Planning Commission's report on this matter and the arguments of all persons, if any, wishing to testify, the City Council did find the following facts and reasons to justify denying said appeal; That the conditions of approval as required by the Planning Commission are reasonable and necessary to ensure that 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 that the use requested will not, therefore, 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 CITY COUNCIL RESOLUTION NO. 13-85 Page Two 1. That the above recitations are true and correct and constitute the findings of the Council on this matter, and 2. That the Council does hereby deny said appeal of Case No CUP 03-84. PASSED AND ADOPTED, on the 25th day of February, 1985, by the following roll call vote: AYES: Kaltenbach, Miller, Risley, Sheetz, Zeuschner NOES: None ABSENT: None BUD ZEUSCH R, Mayor 2 0 6 RESOLUTION NO. 12-85 A RESOLUTION OF THE CITY CITY COUNCIL OF THE CITY OF MORRO BAY SUPPORTING AND RECOMMENDING THE AMENDMENT OF INSURANCE CODE SECTION 533, EVIDENCE CODE SECTION 352 AND GOVERNMENT CODE SECTIONS 825 AND 990 AS THEY CONCERN PUNITIVE DAMAGES T H E C I T Y C O U N C I L City of Morro Bay, California WHEREAS, plaintiffs in lawsuits instituted against public officials and employees are increasingly seeking punitive damages knowing that because such officers and employees are personally liable, there is greater pressure towards settlement of the litigation even where such claims are not well founded; and WHEREAS, there are instances where punitive damages have been awarded by juries against public officials and employees principally because such persons are perceived to be unpopular defendants; and WHEREAS, juries have awarded punitive damages against public officers because relevant but prejudicial evidence was excluded at trial and the juries were not apprised of all the facts and it is believed that the admission of all relevant evidence at a trial wherein punitive damages are sought would help prevent any unjust award of punitive damages against public employees; and WHEREAS, it is believed that municipalities should have the authority to either pay for or insure their employees against punitive damages; and WHEREAS, awards of punitive damages do constitute disin- centives to qualified persons to enter or remain in the public service and is therefore contrary to the interests of all citizens of this State. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay as follows: Section 1. That it does support and recommend that Insur- ance Code Section 533, Evidence Code Section 352 and Government Code Sections 825 and 990 as they concern punitive damages be amended to read as follows: Insurance Code Section 533. Section 533. Wilful act of insured; negligence An insurer is not liable for a loss caused by the wil- ful act of the insured; but he is not exonerated by the r'1 U Resolution No. 12-85 Page Two negligence of others. Nothi damages. the insured, contained he Evidence Code Section 352. or of the insured's agents or Section 352. Discretion of court to exclude evidence. The court in its discretion may exclude evidence of its proba- tive value is substantially outweighed by the probability that its admission will (a) necessitate undue consumption of time or (b) create substantial danger of undue prejudice of confusing the issues, or of misleading the jury. Government Code Section 825 Section 825. Request for defense or defense by public entity; payment of judgment, compromise or settlement; agreement with employee; reservation of rights; memorandum of understanding. If an employee or former employee of a public entity request the public entity to defend him against any claim or action against him for an injury arising out of an act or omission occurring within the scope of his employment as an employee of the public entity and such request is made in writing not less than 10 days before the day of trial, and the employee or former employee reasonably cooperates in good faith in the defense of the claim or action, the public entity shall pay any judgment based thereon or any compro- mise or settlement of the claim or action to which the public entity has agreed. If the public entity conducts the defense of an em- ployee or former employee against any claim or action with his reasonable good faith cooperation, the public entity shall pay any judgment based thereon or any compromise or settlement of the claim or action to which the public entity has agreed; but, where the public entity conducted such defense pursuant to an agreement with the employee or former employee reserving the rights of the public entity not to Resolution No. 12-85 Page Three pay the judgment, compromise or settlement until it is established that the injury arose out of an act or omission occurring within the scope of his employment as an employee of the public entity, the public entity is required to pay the judgment, compromise or settlement only if it is estab- lished that the injury arose out of an act or omission occurring in the scope of his employment as an employee of the public entity. Nothing in this section *** shall obligate a public entity to pay such part of a claim or judgment as is for punitive or exemplary damages. Notwithstanding the fore- aoincr provision of this section. a public entitv is said claim or judgment was adjudicated. If the provisions of this section are in conflict with the provisions of a memorandum of understanding reached pursuant to Chapter 12 (commencing with Section 3560) of Division 4 of Title 1, the memorandum of understanding shall be controlling without further legislative action, except that if such provisions of a memorandum of understanding require the expenditure of funds, the provisions shall not become effective unless approved by the Legislature in the annual Budget Act. Government Code Section 990 Section 990. Authority to insure generally Except for a liability which may be insured against pursuant to Division 4 (commencing with Section 3200) of the Labor Code, a local public entity may: (a) Insure itself against all or any part of any tort or inverse condemnation liability. (b) Insure any employee of the local public entity against all or any part of his liability for injury result- ing from an act or omission in the scope of his employment. 0 • f RESOLUTION NO. 11-85 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY DENYING ASSIGNMENT OF LEASE FROM BREBES OCEAN HOUSE, INC. TO RALPH AND SHIRLEY GUNTHER LEASE SITE NO. 105.1W AND 105.2 T H E C I T Y C O U N C I L City of Morro Bay, California WHEREAS, a request has been made by Brebes Ocean House, Inc., a California corporation, for permission to assign their leasehold interest in Lease Sites No. 105.1W and 105.2 to Ralph and Shirley Gunther; and WHEREAS, pursuant to the terms and conditions of this Lease, consent to assignment and/or sub -lease shall not be unreasonably withheld by City; and WHEREAS, on February 14, 1985, and at a special meeting held on March 6, 1985, the Harbor Commission reviewed this request for assignment, and forwarded a recommendation of denial of this lease transfer to the City Council on a 3-2 vote; and WHEREAS, on February 25, 1985, and on March 11, 1985, the City Council received public testimony concerning the proposed lease assignment, and deliberated on the information received therefrom. NOW, THEREFORE, the City Council of the City of Morro Bay, serving as Trustee of said State Tidelands property, DOES HEREBY RESOLVE AND FIND the denial of assignment of Lease Site No. 105.1W and 105.2 to Ralph and Shirley Gunther to be in the better public interest under the following reasonable determinations: 1. Leased uses involve a marine fuel station, fish -buying station, and commercial fish unloading dock; prospective Assignees have had limited, if any, prior business experiences in these coastal -dependent operations, therefore it is determined that Assignees are essentially unqualified to conduct at optimum level the uses operating on this Lease; and 2. Considerable public opposition to the proposed assignment was received and filed at the various hearings, particularly from the local commercial fishing industry reliant upon the vitality of the existing permitted uses of the lease site, and therefore rightfully concerned with the capability of the proposed Assignee to actually operate at maximum potential. 0 Resolution No. 12-85 Page Four (c) Insure, contract or provide against a claim or the expense of defending a claim against the local public entity or its employee, whether or not liability exists on such claim, including a claim for damages under Section 3294 of the Civil Code or otherwise for the sake of example or by way of punishment, where such liability arose from an act or omission in the scope of his employment, and an insurance contract for such purpose is valid and binding notwith- standing Section 1668 of the Civil Code, Section 533 of the Insurance Code, or any other provision of law. (d) A hospital district may participate in a recipro- cal or interinsurance exchange with the members of its medical staff as provided in Section 1284 of the Insurance Code. *** Underlining ( ) indicates additions by amendment. Asterisks (***) indicate deletions by amendment. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof held on February 25, 1985, by the following vote: AYES: Kaltenbach, Miller, Risley, Sheetz, Zeuschner NOES: None ABSENT: None BUD ZEUSCIMER, Mayor ATTEST: G �� ARDITH DAVIS, Deputy City Clerk RESOLUTION NO. 10-85 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY DENYING ASSIGNMENT OF LEASE FROM BREBES OCEAN HOUSE, INC. TO RALPH AND SHIRLEY GUNTHER - LEASE SITE NO. 29 T H E C I T Y C 0 U N C I L City of Morro Bay, California WHEREAS, a request has been made by Brebes Ocean House, Inc., a California corporation, for permission to assign their leasehold interest in Lease Site No. 29 to Ralph and Shirley Gunther; and WHEREAS, pursuant to the terms and conditions of this Lease, City shall not unreasonably or arbitrarily withhold its approval to the assignment or transfer of this Lease to an assignee who is financially reliable and qualified to conduct the business for which this Lease was granted; and WHEREAS, on February 14, 1985, and at a special meeting held on March 6, 1985, the Harbor Commission reviewed this request for assignment, and forwarded a recommendation of denial of this lease transfer to the City Council on a 3-2 vote; and WHEREAS, on February 25, 1985, and on march 11, 1985, the City Council received public testimony concerning the proposed lease assignment, and deliberated on the information received therefrom. NOW, THEREFORE, the City Council of the City of Morro Bay, serving as Trustee of said State tidelands property, DOES HEREBY RESOLVE AND FIND the denial of assignment of Lease Site No. 29 (also known as Nos. 102 and 102W) to Ralph and Shirley Gunther to be in the better public interest under the following reasonable determinations: 1. Leased uses involve a marine fuel station, fish -buying station, and commercial fish unloading dock; prospec- tive Assignees have had limited, if any, prior business experiences in these coastal -dependent operations, therefore it is determined that Assignees are essen- tially unqualified to conduct at optimum level the uses operating on this Lease; and 2. Considerable public opposition to the proposed assign- ment was received and filed at the various hearings, particularly from the local commercial fishing industry reliant upon the vitality of the existing permitted uses of the lease site, and therefore rightfully con- cerned with the capability of the proposed Assignee to actually operate at maximum potential. Resolution No. 10-85 Page Two PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held thereof on the 25th day of March, 1985. AYES: Kaltenbach, Risley, Sheetz NOES: Miller, Zeuschner ABSENT: None li✓ BUD ZEUSCHNEK, Mayor RESOLUTION NO. 9-85 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, CALIFORNIA, ANNOUNCING FINDINGS AND APPROVING FOR SUBMISSION TO THE CALIFORNIA COASTAL COMMISSION AMENDMENTS TO THE CERTIFIED LCP AND COASTAL PERMIT NO. 4-81-309 RELATED TO THE WATER ALLOCATION PROGRAM T H E C I T Y C O U N C I L City of Morro Bay, California WHEREAS, on February 4, 1985, the Planning Commission of the City of Morro Bay, California, did hold a duly noticed PUBLIC HEARING to consider amendments to the City's Local Coastal Program (LCP) and to Coastal Permit No. 4-81-309 to integrate local ballot Measure "F" with the approved water allocation model and to allow for retrofit programs; and WHEREAS, the Planning commission subsequently did recommend said amendments to the City Council for approval and submission to the California Coastal Commission; and WHEREAS, on February 25, 1985, the City Council of the City of Morro Bay, California, did hold its own duly noticed PUBLIC HEARING to consider these same items which are illustrated on Exhibits "A" and "B" which are also attached hereto; and WHEREAS, at said PUBLIC HEARING, after considering the staff report, Planning commission recommendations and the arguments of all persons wishing to testify, the City Council did find the following facts and reasons to justify approval of the aforementioned amendments. 1. The proposed LCP amendments are in compliance with all applicable provisions of Division 20 of the California Public Resources Code, the "California Coastal Act". 2. The proposed amendments will promote orderly and harmonious growth in the City and will thereby help implement the intent of the certified LCP and Coastal Act. 3. The proposed amendments will encourage the conservation and efficient utilization of scarce water resources, thereby helping to implement the certified LCP and Coastal Act. 13 RESOLUTION NO. 9-85 Page Two NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay, California, as follows: I. 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 for submission to the California Coastal Commission amendments to Coastal Permit No. 4-81-309 and to the certified LCP as illustrated on Exhibits "A" and "B", respectively. 3. That said LCP amendment shall take effect immediately upon certification by the California Coastal Commission. PASSED AND ADOPTED, by the City Council of the City of Morro Bay, California on the 25th day of February, 1985, by the following roll call vote: AYES: Kaltenbach, Miller, Risley, Sheetz, Zeuschner NOES: None ABSENT: None ATTEST: 5 . CASENO. LI-P o1-85 ATTACHMENT ONE FXWBIT ,.A$I Amend permit 4-81-309 as follows: (underlined materials are new) B. Allocation Categories and Priorities for the First Three Quarters of the Annual System 1. Commercial "A" Commerical Fishing Coastal Dependent Coastal Related Public, quasi -public and institutional uses Visitor accomodations: - campgrounds and other lower cost - general rate Other vistor-serving commercial: - lower cost - general rate Other commercial and office uses 2. Commercial "B" 3. Industrial Visitor -serving except visitor accomodations. - lower cost - general rate Other commercial and office uses (a) Coastal Dependent/Related (b) General Industrial Uses 4. Residential* - (a) Multi -family density, low/moderate income (b) Single-family density, low/moderate income (c) Market rate/higher income single or multi -family density - Owner/builder/occupant - Speculative built *General Residential Priority: Infill areas; contiguous developments; and, others. (See operating definitions.) C. Allocation Priorities for a Special Fourth Quarter Annual System: 1. Commercial Fishing 2. Coastal Dependent Land Uses 3. Coastal Related Land Uses Attachment One Page Two 4. Essential Public Sevices and Basic Industries 5. Public Recreation G. Commercial Recreation 7. Vistor Accomodations: - campgrounds and other lower cost - general rate 8. Other visit-r-serving commercial: - lower cost - general rate 9. Other commercial and office uses 10. Industrial Land Uses 11. Residential Land Uses *Existing subdivided lots (single or multifamily) *New division (post December 1977) for infill *Other In the fourth _quarter, if the amount of non-residential allocation's relative to residential allocations for the year would exceed the maxim m allowed under MunicipT' al Ballot Meaure "F" the Growth Management Ordinance approved � a majorityof Morro BB voters in November, 1984), � the strict application of this priority list, the CC mm adiust the relative priorit�7--oT rest ential dvelopments in that quarter to ensure that the limits set by said Measure "F" are complied with Add new section to end of permit: V. Allocation of water saved by water conservation measures. In addition to water recovered through the pipeline replacement program, water may also be saved through other types of documented conservation measures such as the retrofit of existing facilities with water -saving fixtures. Such measures may be approved, and conserved water subsequently may be allocated to new projects, by the CCity in accordance with the regulations prescribed in Attachment"Dr: Gum id nes or Retrofit Programs". I' 2 GUIDELINES FOR RETROFIT PROGRAMS 1. Any retrofit prograit, must be related to a new project proposal. In order to submit a retrofit program to the City for consideration, the applicant must indicate the specific project to which the earned equivalencies would be applied. At a minimum, prior to accepting a proposed retrofit program for review, a completed application for all necessary local discretionary permits needed by the development project to which the equivalencies earned by the retrofit will be credited, must be submitted to and approved by the Community Development Department. Equivalencies earned for one project proposal shall not be transfered to another property or project without resubmittal of the program to the City and subsequent approval for the new property or project. Furthermore, no single program shall be designed to save more than about 200 percent of the equivalencies required by the associated project (one half of the total would equal the full amount needed for the project; the other equivalencies would go into the City's overall allocation system). These provisions are intended to help prevent the hoarding or "banking" of earned equivalencies and their subsequent re -sale or other type of marketing to other projects. On the other hand, a brokering service whereby persons desiring retrofit are made known to developers looking for existing places to retrofit is acceptable. 2. Any project for which a retrofit program is being proposed must meet the criteria of "infill" as defined in the City's water model operating procedures and as referenced by Measure "F". 3. A successful retrofit program shall have the following components: a. A list of the addresses and description of all buildings to be retrofitted. b. Written permission of the property -owners of the buildings to be retrofitted. Both the project proponents and property owners shall sign a written, standardized "hold harmless" clause to protect the City from any liability resulting from the retrofit program. C. A list of all existing fixtures to be retrofitted and their present associated water flow (eg: gallons/minute or gallons/flush). A list of all proposed fixtures to be installed and their associated water flow. d. Estimated annual water savings resulting from the proposed retrofit; all calculations and assumptions must be shown. All estimates must be reasonable; where where a range of outcomes is possible, factors in the ,i 1 Guidelines for Retrofit Programs Page Two calculation shall be conservative. All estimates are subject to review and approval by the Community Development Director, prior to submission of the program to the Planning Commission or the City Council. e. The new fixtures must be as permanent in nature as practical. f. Retrofit must generally be comprehensive (ie: all fixtures in the buildings should be retrofitted, as practical. Exceptions can be approved for special circumstances or preferences. Generally speaking, for example, showers and sink faucets should be upgraded, at a minimum.) Retrofit measures, however, need not be limited to existing residential uses. g• The retrofit should include a leak detection test in each building; all leaks shall be repaired. Savings from leak correction shall not be calculated in the estimates of savings. 4. All programs shall be submitted to the Director for review for conformance with the standards noted above. All programs will then be forwarded to the City Council for approval after review and recommendation by the Planning Commission. The City Council may establish general criteria for evaluating retrofit programs such as those outlined in (3) above. If these are met, the program may be approved by the Planning Commission without further City Council action. A fee of $100 payable to the City, shall be charged for the costs of reviewing such programs. 5. Projects will be credited with one-half (1/2) the number of equivalencies estimated to be saved by the retrofit upon completion of an approved program. The other half shall be available to augment the water available through the pipeline replacement, program and may be distributed to new uses in accordance with the priority and procedures in the City's approved water allocation model. 6. Before a project for which equivalencies have been earned in this manner may be approved for construction (ie, issued a building permit) the Director must find (1) that all necessary equivalencies have ben obtained, and (2) that the issuance of the permit for the project could not violate any of the limits prescribed by Measure" F" for that year. Specifically, a building permit shall not be issued if by doing so, the project could, in combination with projects possible under the pipeline replacement program, exceed any of the following for that year: a. Maximum number of residential units b. Maximum number of either single family or multi -family units �! 2 Guidelines for Retrofit Programs Page Three C. Maximum amount of commercial and/or industrial. Upon approval of a retrofit program, the associated development project shall be assigned to one of the following categories: single-family, multi -family (including new subdivisions to be developed as single- family lots), or commercia/industrial. Projects will be listed in each category in the chronological order. There shall be no other method of ranking projects in a category. In order to be placed on the list, the retrofit program must be approved by the City, have all the local discretionary permits approved, and have applied for a building permit. Projects may proceed (ie, a building permit issued) only after the Director determines that the above noted limits related to Measure "F" can not be exceeded. The Director shall base this on (a) actual equivalency awards -to -date, (b) the "waiting list" for equivalencies under the pipeline replacement water allocation system, and (c) number of equivalencies expected to be awarded Projects earning equivalencies through a retrofit program shall have lower priority than those applying for equivalencies through the pipeline replacement water allocation model. Thus, retrofit may be used to allow projects to proceed which could meet the difference between the maximum development allowed annually by Measure "F" and the amount of development to be permitted pursuant to the water recovery allocation model. 7. For projects earning equivalencies through retrofit, water availability fees shall be reduced by the direct costs of the retrofit itself (that is, cost of fixtures and labor for installation of same); sewer availability fees shall be reduced by 75 percent.(It is not necessary to submit this fee information to the Coastal Commission.) 8. Prior to installation of new fixtures, the City building division personnel shall inspect the existing facilities to ensure that the fixtures described pursuant to item 3c above are present. A post -retrofit inspection shall also be required to ensure that the new fixtures have been installed properly. The City may chaAge appropriate fees for these inspections, pursuant to the adopted master fee schedule. Whenever required by the Building Inspector pursuant to the Uniform Building or Plumbing Codes, a building and/or plumbing permit shall be obtained prior to actual retrofitting. 9. As soon as practical, using data supplied by project proponents, the Community Development Department shall develop a table of standard expected water savings from different types of retrofit fixtures. The staff shall monitor actual water usage in 3 retrofitted structures and compare it to the estimates. The tables of expected water savings shall be adjusted from time to time, if warranted by actual water usage data, as experience with the retrofit program increases. 10. The half of the equivalencies saved which is not used directly by a project shall be held by the City in reserve, as a "bank" of water equivalency credits. The Director shall include in his annual report on the water equivalency program an update of the status of this bank. The Council, however, may choose at any time to use this bank to augment the water available through the pipeline replacement program for allocation, within the limits set by Measure "F", provided, however, that no such equivalencies are distributed prior to July, 1987, to provide time to collect data on the program and empirically measure it s effectiveness. 11. Minor changes to these guidelines made by the City may be approved by the Executive Director of the Coastal Commission, without a permit amendment. More substantial changes may require an amendment of this permit. ,� 4 CASE NO. �Po_ • ATTACHMENT TWO EXHIBIT Policy 3.01 •i:he City of Morro Bay shall approve future growth in conjunction with water and sewage treatment availability. Development shall be approved for actual construction and/or implementation only if the City finds that sewer and water services are available to serve the proposed use. The City shall allocate water and sewer services to development within the Coastal Zone based on Coastal Development Permit No. 4-81-309, as amended and approved by the Coastal Commission. The amount of water an sewer services to be allocated to new development shall be limited to the amounts of recovered water due to the water pipe replacement program, and/or to other conservation measures (eg: retrofit of existing facilities with water -saving fixtures approved in Permit No. 4-81-309; as amended; except that additional wastewater treatment service may be provided based on plant capacity. If the City develops additional sources of water and/or improves it's water management so that additional water is demonstrably recovered, the City may submit a revised water allocation program as a subsequent amendment for Coastal Commission review and approval. Until a water management program which provides additional water for allocation is approved and amended into the LUP, the allocation program for future developments shall be as described in the findings and exhibits adopted by the Coastal Commission for Permit 4-81-309, as amended; which specifically includes the "Water Recovery Allocation Model and percentage allocation system", as well as the provision for distributing water conserved through measures such as the retrofit of existing facilities with water saving fixtures Methods of obtaining additional water resources shall protect the biological productivity of coastal water. 4 Policy 3.02 In any system the City of Morro Bay uses for water allocation, the City shall insure the following uses receive priority for available water and wastewater treatment facilities: Commercial Fishing Coastal -Dependent Land Uses Coastal -Related Land Uses Essential Public Services and Basic Industries Public Recreation Commercial Recreation Visitor -Serving Land Uses Residential and other Commercial and Indstrial Land Uses Residential land uses shall be allocated water based on the following order of varying residential parcels: 1 r Attachment Two • • Page Two (1) presently subdivided parcels within existing developed areas (2) presently subdivided parcels contiguous to developed areas or unsubdivided parcels within existing developed areas (3) unsubdivided parcels contiguous to developed areas (4) unsubdivided parcels isolated from either presently developed or subdivided areas The above noted priority list has been employed in the water allocation regulations contained in coastal Permit No. 4-81-309, as amended. This policy shall not be construed to preclude projects, for which water has been credited through conservation measures (such as retrofit of existing facilities with water -saving fixture, from being approved, rovided that the regulations and procedures contained in coastal Permit No. 41-81--309, as amended, are complied with. 2 v • RESOLUTION NO. 9-85 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, CALIFORNIA, ANNOUNCING FINDINGS AND APPROVING FOR SUBMISSION TO THE CALIFORNIA COASTAL COMMISSION AMENDMENTS TO THE CERTIFIED LCP AND COASTAL PERMIT NO. 4-81-309 RELATED TO THE WATER ALLOCATION PROGRAM T H E C I T Y C O U N C I L City of Morro Bay, California WHEREAS, on February 4, 1985, the Planning Commission of the City of Morro Bay, California, did hold a duly noticed PUBLIC HEARING to consider amendments to the City's Local Coastal Program (LCP) and to Coastal Permit No. 4-81-309 to integrate local ballot Measure "F" with the approved water allocation model and to allow for retrofit programs; and WHEREAS, the Planning commission subsequently did recommend said amendments to the City Council for approval and submission to the California Coastal Commission; and WHEREAS, on February 25, 1985, the City Council of the City of Morro Bay, California, did hold its own duly noticed PUBLIC HEARING to consider these same items which are illustrated on Exhibits "A" and "B" which are also attached hereto; and WHEREAS, at said PUBLIC HEARING, after considering the staff report, Planning commission recommendations and the arguments of all persons wishing to testify, the City Council did find the following facts and reasons to justify approval of the aforementioned amendments. 1. The proposed LCP amendments are in compliance with all applicable provisions of Division 20 of the California Public Resources Code, the "California Coastal Act". 2. The proposed amendments will promote orderly and harmonious growth in the City and will thereby help implement the intent of the certified LCP and Coastal Act. 3. The proposed amendments will encourage the conservation and efficient utilization of scarce water resources, thereby helping to implement the certified LCP and Coastal Act. 4 RESOLUTION NO. 9-850 Page Two 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 2. That the Council does hereby approve for submission to the California Coastal Commission amendments to Coastal Permit No. 4-81-309 and to the certified LCP as illustrated on Exhibits "A" and "B", respectively. 3. That said LCP amendment shall take effect immediately upon certification by the California Coastal Commission. PASSED AND ADOPTED, by the City Council of the City of Morro Bay, California on the 25th day of February, 1985, by the following roll call vote: AYES: NOES: ABSENT: BUD ZEUSCHNER, Mayor ATTEST: GARY NAPPER, City Clerk Ii�' 5 > VGENDA No. _ Date_ ti Action RESOLUTION NO. 6-85 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY COMMENDING THE RETIREMENT OF ROGER L. NEUMAN AS CHIEF OF POLICE OF THE CITY OF SAN LUIS OBISPO THE CITY COUNCIL City of Morro Bay, California 8 :'a , WHEREAS, Roger L. Neuman has provided outstanding service as a law enforcement officer for the past thirty years; and WHEREAS, he has served, with distinction, the City of San Luis Obispo as Chief of Police since 1976; and WHEREAS, Chief Neuman has unselfishly given the community countless hours of his time, both publicly and privately; and WHEREAS, Chief Neuman is to be commended for his outstanding contributions to the citizens of the City and County of San Luis Obispo; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Morro Bay extends its sincere appreciation to Chief Roger L. Neuman on the occasion of his retirement from a distinguished career in law enforcement; and BE IT FURTHER RESOLVED, that the City Council of the City of Morro Bay wishes Chief Neuman the best of luck in all of his future endeavors. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held thereof on February 11, 1985, by the following roll call vote; AYES: Kaltenbach, Miller, Risley, Sheetz, Zeuschner NOES: None ABSENT: None BUD ZEUSC N R, MAYOR ATTEST: ARDITH M. DAVIS, DEPUTY CITY CLERK RESOLUTION NO. 5-85 RESOLUTION TO INCREASE FINES AND TO SET PENALTIES FOR VIOLATIONS OF THE MORRO BAY MUNICIPAL CODE WHEREAS, the City Council has adopted Municipal Ordinances to assist in the regulation of certain activity within the city; WHEREAS, the cost of issuing and processing citations for violations of the Ordinances 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 WHEREAS, the Chief of Police has recommended the attached schedule of fines (refer to attachment A); NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay at a regular meeting held thereof on the 28th day of January 1985, that the attached schedule of fines be adopted. PASSED AND ADOPTED by the following roll call vote: AYES: Kaltenbach, Miller, Risley, Sheetz, Zeuschner NOES: None ABSENT: None BUD ZEUSC R, MAYOR ATTEST: RA , LER17- CODE & SECTION TYPE • • VIOLATION DESCRIPTION EXISTING BAIL AMT BAIL PROPOSED MBMC 5.04.050 M Business License required $ 25.00 $ 50.00 MBMC 5.04.060 M Branch establishments license required 25.00 SAME MBMC 5.04.250 M License must be posted 25.00 SAME License must be carried 25.00 SAME MBMC 5,08,020 M Fee required for business not specifically enumerated 25.00 SAME MBMC 5.08.040 M Art exhibitions fee required 25.00 SAME MBMC 5.08.070 M Fail to identify owner of coin -op machine 160,00 SAME MBMC 5.08.110 M Flea markets license fee required 25.00 SAME MBMC 5.08.120 M Garage sales license fee required 25.00 SAME MBMC 5.08.130 M Fee required for home occupations 25.00 SAME MBMC 5.08.150 M Peddling w/out City license 60.00 100.00 MBMC 5.08.170 M Real estate license fee required 25.00 SAME MBMC 7.04.090 M Owner to dispose of dead dogs/cats/household pets 45.00 SAME MBMC 7.04.150 M Resisting/hindering/obstructing Poundmaster 80.00 SAME MBMC 7.04.170 M More than 3 dogs without permit 160.00 SAME MBMC 7.08.020/1 M Leash law -1st offense 40.00 SAME 11BMC 7.08.020/2 M Leash law-2nd offense-1 prior conviction w/in 1 yr 75.00 SAME MBMC 7.08.020/3 M Leash law-3rd offense-2 prior convictions w/in 1 yr 135.00 SAME MBMC 7.08.140 M Biting dogs 80.00 SAME MBMC 7.08.180/1 M Dog reg/license-1st offense 40.00 SAME MBMC 7.08.180/2 M Dog reg/lic-2nd off-1 prior conviction w/in 1 yr 75.00 SP34E MBMC 7.08.180/3 M Dog reg/lic-3rd off-2 prior convictions w/in 1 yr 135.00 SAME MBMC 7.14.070 M Animal noises -disturbance 45.00 SAME MBMC 7.16.010 M Allowing animals or poultry to run at large 40.00 SAME MBMC 7.16.020 M Keeping animals in unsanitary conditions 380.00 SAME MBMC 7.20.020 M Molesting birds and bird eggs 80.00 125.00 MBMC 8.12.100 M Rubbish detrimental to health 125.00 SAME EXISTING BAIL CODE & SECTION TYPE VIOLATION DESCRIPTION BAIL AMT PROPOSED MBMC 8.16.140 M Unlawful to store refuse without container $ 25.00 SAME MBMC 8.16.150 M Unlawful to allow refuse scattered about property 25.00 SAME MBMC 8.16.280 M Unlawful to burn rubbish 25.00 SAME MBMC 8.16.290 M Unlawful to bury rubbish 25.00 SAME MBMC 8.16.300 M Unlawful to throw refuse on street, beach, waters 25.00 SAME MBMC 8.16.310 M Unauthorized use of City trash containers 75.00 $100.00 MBMC 8.20.020 M Abatement of waste material 65.00 SAME MBMC 8.24.010(a) I Sleeping in vehicle 30.00 SAME MBMC 8.24.010(b) I Sleeping on private property 30.00 SAME MBMC 8.24.010(c) I Unlawful camping 30.00 SAME MBMC 9.22.060 M False alarm (a) First violation 50.00 SAME (b) Second violation 100.00 SAME (c) Third violation 250.00 SAME MBMC 10.16.010 I Must comply with lawful order of policeman or fireman 50.00 SAME MBMC 10.16.020 I Obstructing or Interfering with police 50.00 SAME MBMC 10.24.010 I Traffic regulations apply to bicycles & animals 50.00 SAME MBMC 10.24.030 I Unauthorized painting of curbs 80.00 SAME MBMC 10.24.040 I Pedestrians must use crosswalks in business district 25.00 SAME MBMC 10.28.020 I Must stop before crossing sidewalk 19.00 20.00 MBMC 10.28.030 I Must stop for approaching vehicle on yield sign 24.00 25.00 MBMC 10,28.040 I Obstructing traffic 33.00 35.00 MBMC 10.28.050 I Commercial vehicles 1n private driveways 19.00 20.00 MBMC 10,28.060 I Drlving-riding on sidewalk 24.00 25.00 MBMC 10,28.070 I Driving through parade or funeral procession when marked 19.00 20.00 MBMC 10.28.080 I Clinging to moving vehicle 19.00 20.00 MBMC 10.28.090 1 Driving through road barrier 24.00 25.00 MBMC 10.28.100 I Tampering with road barrier 33.00 35.00 MBMC 10.28.110 I Limited access roadways 25.00 SAME MBMC 10.28,120 II Pedestrian on freeway 20.00 25.00 • • EXISTING BAIL CODE & SECTION TYPE VIOLATION DESCRIPTION BAIL AMT PROPOSED MBMC 10.28.130 I Certain vehicles in central district $ 14.00 $ 20.00 MBMC 10.28.140 I Permit required to operate advertising vehicle 19.00 20.00 MBMC 10.28.150 I Animal drawn vehicles to central district 14.00 20.00 MBMC 10.28.160 I Golf carts on street 19.00 20.00 MBMC 10.28.170 I Vehicle on beach 50,00 SAME MBMC 10.28,200 I Vehicles on private property 25.00 SAME MBMC 10.28.210 I Spark arresters/mufflers required 25.00 SAME MBMC 10.28.220 I Operating as a nuisance 25.00 SAME MBMC 10.35.210 I All night parking in central area 20.00 SAME MBMC 10.36,020 I In parkway 20.00 SAME MBMC 10.36,030 M Driving on beach 25.00 50.00 MBMC 10.36.030(.a)I Within divisional island 20.00 SAME MBMC 10.36.030(b)I Within crosswalk 20.00 SAME MBMC 10.36,030(c)I No parking area 20.00 25.00 MBMC 10.36.030(d)I Creating traffic hazard 20.00 25.00 MBMC 10.36.030(e)I Prohibited area of roadway 20.00 SAME MBMC 10.36.030Cf)I Within 20 feet of safety zone 20.00 SAME MBMC 10.36.030(g)I Within 20 feet of crosswalk 20.00 SAME MBMC 10.36.030(h)I Within 20 feet of traffic signal 20,00 SAME MBMC 10.36.040 I Within posted restricted area 20.00 25.00 MBMC 10.36.060 M 72-hour parking limitation 25.00 SAME MBMC 10.36.070 I To sell vehicle 20.00 SAME MBMC 10.36.080 I To repair vehicle 25.00 SAME MBMC 10.36.090 I In violation of grade requirements 20.00 SAME MBMC 10.36,100 I Commercial vehicle - warning devices 33.00 35.00 MBMC 10.36,110 I Not in marked spaces 20.00 SAME MBMC 10.36.140 I Loading zone - yellow painted curb 20.00 SAME CODE & SECTION TYPE • • VIOLATION DESCRIPTION EXISTING BAIL AMT BAIL PROPOSED MBMC 10.36.150 I Passenger zone - white painted curb $ 20.00 SAME MBMC 10,36.160 I Alley parking 20.00 SAME MBMC 10.36.170 I Limited time zone - green painted curb 20.00 SAME MBMC 10.36.190 I Diagonal parking 20.00 SAME MBMC 10.36.200 I Designated areas 20.00 SAME MBMC 10.48.190 I Private property abandonment 50.00 SAME MBMC 10.52.020 Bicycle operation (a)I Equipment, brakes, lights, etc. 10.00 SAME (b)I Unsafe condition 10.00 SAME (c)I Unlicensed 5.00 SAME (d)I Mutilated serial number 25.00 SAME (e)I Altered license 25.00 SAME (f)I Clinging to moving vehicle 10.00 SAME (g)I Riding restrictions 10.00 SAME (h)I Riding on handlebars 10.00 SAME (1)I Driving through funeral procession 10.00 SAME Wi Operation on roadway 10.00 SAME (k)I Carrying articles 10.00 SAME (1)I Bike lanes 10.00 SAME (m)I Turning movements/signals 10.00 SAME (.n)I Duration of signal 10.00 SAME (o)I Signal when stopping 10.00 SAME (p)I Method of signal 10.00 SAME (p)I Stop requirements 10.00 SAME (r)I Speed 10.00 SAME (s)I Traffic control devices 10.00 SAME (t)M Reckless operation 150.00 SAME • EXISTING BAIL CODE & SECTION TYPE VIOLATION DESCRIPTION BAIL AMT PROPOSED MBMC 10.52,020.(u)M Intoxicated operation $300.00 SAME (v)I Bicycle blocking sidewalk 5.00 $ 10.00 MBMC 12.08.130 M Mutilating or injuring trees on public street 125,00 SAME MBMC 14.64.590 M Unlawful to erect, alter, or repair sign 1n violation 25.00 SAME of ordinance MBMC 14.64,600 M Person not allowed to display traffic direction signs 65.00 SAME MBMC 14.64.610 M Signs effecting visibility of traffic control devices 65.00 SAME prohibited MBMC 14.64.620 M Types of signs prohibited 25.00 SAME MBMC 14.64.630 M Affixing advertising matter to trees, lamp posts, etc. 25.00 SAME MBMC 14.64.640 M Affixing advertising material to city property 25.00 SAME MBMC 14.64.650 M Affixing advertising matter to private property without 25.00 SAME consent MBMC 15.24.020 M Overboard discharge of waste from vessel 60.00 100.00 MBMC 15.68.200 M No parking 20.00 SAME MBMC 17.32.100 M Zoning code -general commercial (C-1) district 140.00 175.00 MBMC 17.58.020 M Property maintenance regulation 160.00 200.00 UNLISTED MBMC MISDEMEANORS 80.00 100.00 UNLISTED MBMC INFRACTIONS 50.00 60.00 ►I RESOLUTION NO. 3-85 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY COMMENDING FRANK RAMOS FOR HIS SERVICES AS RESERVE FIRE CAPTAIN FOR THE CITY OF MORRO BAY, CALIFORNIA THE CITY COUNCIL City of Morro Bay, California WHEREAS, Frank Ramos has donated 23 years of his life as a Reserve Firefighter to the Morro Bay Fire Department and the community of Morro Bay, and WHEREAS, Frank Ramos risked his life for the protection of others, and WHEREAS, Frank Ramos has donated countless hours to improve our Fire Department, and WHEREAS, Frank Ramos is respected and admired by all as an outstanding firefighter, fire engineer, and fire captain, and WHEREAS, Frank Ramos has voluntarily retired from the Morro Bay Fire Department on November 5, 1984, NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Morro Bay accepts his resignation with regret on behalf of the citizens of Morro Bay and publicly commends and thanks Frank Ramos for his efforts and accomplishments. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held thereof on the 14th day of January, 1985, by the following roll call vote: AYES: Kaltenbach, Miller, Risley, Sheetz, Zeuschner NOES: None ABSENT: None BUD ZEUSCHN R Mayor RESOLUTION NO. 2-85 RESOLUTION ACCEPTING AN EASEMENT ACROSS LOTS 3 AND 4, BLOCK 6 OF TRACT NO. 81 T H E C I T Y C O U N C I L City of Morro Bay, California WHEREAS, the owner of Lots 3 and 4, Block 6 of Tract No. 81 wishes to develop said parcels; and WHEREAS, there exists a sewer easement across said lots; and WHEREAS, said owner agrees to offer an easement and to construct a new sewer main as approved by the City Engineer. NOW, THEREFORE, BE IT RESOLVED that the proposed easement be accepted. BE IT FURTHER RESOLVED that the City Administrator be authorized to cause the said easement to be recorded at the San Luis Obispo County Recorder. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof held the 14th day of January, 1985, by the following roll call vote: AYES: Kaltenbach, Miller, Risley, Sheetz, Zeuschner NOES: None ABSENT: None BUD ZEUSCHNER, Mayor � t RESOLUTION NO. 1-85 RESOLUTION VACATING AN EASEMENT ACROSS LOT 6 OF TRACT 353 T H E C I T Y C O U N C I L City of Morro Bay, California WHEREAS, the construction of Tract No. 353 included the removal of utility lines from an easement, granted to San Luis Obispo County by Volume 1143 official records page 243, through Lot 6 of Tract 353; and WHEREAS, no evidence has been found indicating that said easement has been abandoned. NOW, THEREFORE, BE IT RESOLVED that said easement be hereby vacated and relinquished. BE IT FURTHER RESOLVED that the City Council authorize the City Administrator to cause the vacation of said easement to be recorded with the San Luis Obispo County Recorder. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof held the 14th day of January, 1985, by the following roll call vote: AYES: Kaltenbach, Miller, Risley, Sheetz, Zeuschner NOES: None ABSENT: None