HomeMy WebLinkAboutResolution 70-88 to 146-88RESOLUTIONS - 1989
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145-88 RESOLUTION ACCEPTING COASTAL COMMISSION CERTIFICATION
WITH CONDITIONS & ADOPTION OF MINOR"MODIFICATIONS TO
LANGUAGE OF LUP IN -PLANNING AREA 2 OF THE MB LCP,
AMENDMENT NO. 03-88 TO CONFORM TO COASTAL COMMISSION
CONDITIONS (CASE NO. LUP/ZOA 02-88)
146-88 RESOLUTION RESCINDING RESOLUTIONS NO. 143-88 AND 144-88;
CASE NO. LUP/ZOA 02-88 (CLOISTERS)
ADOPTED
12-30-88
12-30-88
6 RESOLUTIONS - 1988 0
NUMBER TITLE
ADOPTED
129-88 RESOLUTION AWARDING LEASE TO HAROLD J. & RITA B.
ANDERSON FOR LS 91-92/91W-92W 11-14-88
131-88 RESOLUTION ANNOUNCING FINDINGS & DENYING APPEAL & UPHOLDING
PLANNING COMMISSION'S APPROVAL OF CUP & CDP TO ALLOW
SECURITY RESIDENCE & STORAGE FACILITY FOR ROOFING MATERIALS
& EQUIMENT - MONTGOMERY; ALLESANDRO 11-14-88
132-88 RESOLUTION ANNOUNCING FINDINS & UPHOLDING APPEAL & APPROVING
CUP (CONCEPT PLAN) TO ALLOW AN ADDITION TO AN EXISTING
LEGAL NONCONFORMING USE; DAVID ROSS; LS 134-137 11-14-88
133-88
RESOLUTION APPROVING THE CITY OF MORRO BAY TRANSIT DEVELOP-
MENT PLAN, FY 1988/89 - FY 1992/93
11-28-88
134-88
RESOLUTION REJECTING THE OFFERS OF DEDICATION OF PUBLIC
UTILITY EASEMENTS MADE ON PARCEL MAPS MBAL 88-070 AND 072
11-28-88
135-88
RESOLUTION APPLYING FOR PERMIT TO STATE DEPARTMENT OF
HEALTH FOR USING JODY GIANNINI WELL FOR EMERGENCY
11-28-88
136-88
RESOLUTION ORDERING A MEASURE TO ADOPT A SPECIAL TAX FOR
EMERGENCY MEDICAL SERVICES PLACED ON THE BALLOT OF THE
NEXT ELECTION CALLED BY THE CITY
11-28-88
137-88
RESOLUTION ESTABLISHING PARKING IN -LIEU FEE
11-28-88
138-88
RESOLUTION ANNOUNCING FINDINGS & GRANTING AN APPEAL OF
PLANNING COMMISSION DENIAL OF CUP 23-88 & CDP 69-88R TO
ALLOW A 2-STORY COMMERCIAL BLDG ON EMBARCADERO
11-28-88
139-88
RESOLUTION APPROVING A SPECIAL EVENT USE OF THE HARBOR
FOR LIGHTED BOAT PARADE
11-28-88
140-88
RESOLUTION RECITING THE FACT OF THE GENERAL MUNICIPAL
ELECTION HELD ON THE 8TH DAY OF NOVEMBER, 1988, DECLARING
THE RESULTS, & SUCH OTHER MATTERS
12-08-88
141-88
RESOLUTION APPROVING MONTH -TO -MONTH CONTINUATION OF
EXTENSION OF DIAL -A -RIDE TRANSIT OPERATIONS AGMT. W/
LAIDLAW TRANSIT, INC.
12-12-88
142-88
RESOLUTION RATIFYING FACILITY USE RULES FOR COMMUNITY
CENTER & REVISING USE RULES FOR OTHER CITY FACILITIES
12-12-88
143-88
RESOLUTION ACCEPTING & AUTHORIZING COASTAL COMMISSION
STAFF RECOMMENDATIONS FOR MINOR MODIFICATIONS TO LANGUAGE
OF LUP AMENDMENTS #03-88 (CASE NO. LUP/ZOA 02-88
12-12-88
144-88
RESOLUTION ACCEPTING CERTIFICATION BY CALIFORNIA COASTAL
COMMISSION OF LUP AMENDMENTS #03-88 (CASE NO. LUP/ZOA
02-88
12-12-88
111-88
112-88
113-88
114-88
115-88
116-88
117-88
118-88
119-88
120-88
121-88
122-88
123-88
124-88
125-88
126-88
127-88
128-88
+ RESOLUTION - 1988
R TITLE ADOPTED
RESOLUTION OF INTENTION TO APPROVE AMENDMENT TO CONTRACT
BETWEEN BOARD OF ADMINISTRATION OF PERS & CITY COUNCIL 10-10-88
RESOLUTION AUTHORIZING TEMPORARY EMERGENCY CITY WATER
SERVICE AT 1970 QUINTANA ROAD (KIRCHNER) 10-10-88
RESOLUTION APPROVING RIGHT-OF-WAY CERTIFICATION FOR FAU
PROJECT ON MAIN ST. BETWEEN SURF ST. & WILLOW CAMP CRK 10-24-88*
RESOLUTION APPROVING WAIVER OF RIGHTS TO FIXTURES &
IMPROVEMENTS DURING TERM OF LEASE - ROSE'S LANDING, INC.
LS 82-85/82W-85W 10-10-88
RESOLUTION ANNOUNCING FINDINGS & APPROVING APPEAL FOR
VARIANCE FROM HEIGHT LIMIT FOR SINGLE FAMILY RESIDENCE
SOSNA, 2641 MAPLE AVE. 10-10-88
RESOLUTION ANNOUNCING FINDINGS & APPROVING & ADOPTING A
PARKING MANAGEMENT PLAN' 10-10-88
VOID
RESOLUTION AUTHORIZING CITY ADMINISTRATOR TO EXECUTE
DOCUMENTS OF REAL PROPERTY EXCHANGE 11-14-88*
RESOLUTION APPROVING SECOND ADDENDUM TO LEASE ON LS
102/102W & 105.1W/105.2 (DEGARIMORE) 10-24-88
RESOLUTION PROHIBITING THE CONSUMPTION OR POSSESSION OF
ALCOHOLIC BEVERAGES IN MORRO BAY CITY PARK`10-24-88
RESOLUTION OVERRULING PROTESTS ON RESOLUTION OF INTENTION
6-87 - MIMOSA ST. ASSESSMENT DISTRICT 10-24-88
RESOLUTION ADOPTING ENGINEER'S REPORT, CONFIRMING ASSESS-
MENT & ORDERING ACQUISITION & CONSTRUCTION OF IMPROVEMENTS
MIMOSA STREET ASSESSMENT DISTRICT 10-24-88
RESOLUTION AWARDING CONTRACT - MIMOSA ST. ASSESSMENT DIST. 10-24-88
RESOLUTION DESIGNATING COLLECTION OFFICER - MIMOSA ST.
ASSESSMENT DISTRICT
RESOLUTION ADOPTING CENTENNIAL PARKWAY MASTER PLAN
RESOLUTION ADOPTING DEL MAR PARK MASTER PLAN
RESOLUTION ADOPTING AMENDMENT TO MB LCP LUP TEXT & MAP
WITHIN PLANNING AREA 2 - CLOISTERS
RESOLUTION APPROVING CONSENT TO SUBLEASE PORTIONS OF
LS 105.1W TO ABALONE UNLIMITED RESEARCH, INC.
10-24-88
11-14-88*
11-14-88*
10-24-88
10-24-88
RESOLUTIONS
97-88 RESOLUTION ANNOUNCING FINDINGS & UPHOLDING APPEAL &
APPROVING CUP WITH MODIFIED CONDITIONS TO ALLOW CONTINUED
OPERATION OF VACUUM -TYPE FISH UNLOADING DEVICE - ORVAL
LEAGE 09-12-88
98-88 RESOLUTION OF PRELIMINARY APPROVAL OF ENGINEER'S REPORT
MIMOSA STREET ASSESSMENT DISTRICT 09-12-88
99-88 RESOLUTION APPOINTING TIME & PLACE OF HEARING PROTESTS IN
RELATION TO PROPOSED ACQUISITION & CONSTRUCTION OF
IMPROVEMENTS, & DIRECTING NOTICE - MIMOSA STREET ASSESS-
MENT DISTRICT 09-12-88
100-00 RESOLUTION ESTABLISHING PREVAILING WAGE SCALE - MIMOSA
STREET ASSESSMENT DISTRICT 09-12-88
101-88 RESOLUTION CALLING FOR SEALED PROPOSALS - MIMOSA STREET
ASSESSMENT DISTRICT 09-12-88
102-88 RESOLUTION AWARDING CONTRACTS FOR PROJECT NO. PW88-244
FOR REPLACEMENT DIAL -A -RIDE COMMUNICATION SYSTEM 09-12-88
103-88 RESOLUTION AUTHORIZING SUBMITTAL OF APPLICATIONS FOR
UMTA SECTION 18 GRANT FUNDS 09-12-88
104-88 RESOLUTION ANNOUNCING INTENTION TO ADOPT IN -LIEU PARKING
FEE ORDINANCE AS AN AMENDMENT TO SECTION 17.44 OF MBMC
& REFERRING THE DRAFT ORDINANCE TO THE PLANNING COMMISSION
FOR REVIEW & RESPONSE 09-12-88
105-88 VOID
106-88
RESOLUTION AUTHORIZING SUBMITTAL OF APPLICATION FOR
CALIFORNIANS AGAINST WASTE MODEL COMMUNITY WASTE REDUCTION/
RECYCLING PLANNING PROGRAM
09-26-88
107-88
RESOLUTION INSTITUTING MANDATORY WATER CONSERVATION
DURING PRESENT LOW-WATER SITUATION
09-21-88*
108-88
RESOLUTION ACCEPTING OFFER OF DEDICATION OF RIGHT-OF-WAY
ALONG FRONTAGES OF 360, 380, & 390 ISLAND ST. AS
DEPICTED ON PARCEL MAP MBAL 87-333
09-26-88
109-88
RESOLUTION APPROVING ASSIGNMENT OF LEASE FOR LS62/62W,
(HITTLE'S LANDING) FROM ROBERT E. & MARILYN HITTLE TO
BRUCE W. & KATHY A. LEWIS
09-26-88
110-88
RESOLUTION ACCEPTING OFFER OF DEDICATION FOR AN EASEMENT
ACROSS A PORTION OF PARCEL MAP MBAL 87-333 FOR THE PUR-
POSE OF AN OPEN SPACE & CONSERVATION EASEMENT AS
DELINEATED ON THE MAP THEREOF
09-26-88
* adopted.--out-of-order at special meeting
RESOLUTIONS -
81-88 RESOLUTION AWARDING A FIRE YEAR LEASE TO MB YACHT CLUB
FOR MOORING ZONE. Al-3 08-08-88
82-88 VOID
83-88 RESOLUTION APPROVING JOINT POWERS AGREEMENT WITH SLO
AREA COORDINATING COUNCIL 08-08-88
84-88 RESOLUTION ANNOUNCING FINDINGS & APPROVING & ADOPTING
FINAL CIRCULATION ELEMENT OF THE GENERAL PLAN 08-10-88
84-88A RESOLUTION RECOMMENDING A BAIL SCHEDULE FOR VIOLATIONS
OF CITY FIRE ORDINANCE & UNIFORM FIRE CODE 08-22-88
85-88
RESOLUTION AMENDING & SETTING THE FINAL CITY BUDGET
FOR FY 88-89
08-22-88
86-88
RESOLUTION AUTHORIZING CITY ATTORNEY TO DESIGNATE &
EMPLOY ASSIST. CITY ATTORNEY
08-22-88
87-88
RESOLUTION ODERING ANNEXATION OF TERRITORY TO CITY -
GIST
08-22-88
88-88
RESOLUTION ANNOUNCING FINDINGS & APPROVING & ADOPTING
PARKING MANAGEMENT PLAN - VOID RE: PROCEDURAL DEFECT
08-22-88
SEE RESOLUTION NO. 116-88
89-88
RESOLUTION TO SUMMARILY ABANDON A PORTION OF PUBLIC
RIGHT-OF-WAY - LOGAN AVENUE
09-12-88
90-88
RESOLUTION ACCEPTING AN OFFER OF DEDICATION OF PUBLIC
RIGHT-OF-WAY ON ZANZIBAR STREET
09-12-88
91-88
RESOLUTION APPROVING CONSENT TO SUBLEASE AGREEMENT FOR
PORTIONS OF LEASE SITES 93-95 TO BRUCE A. STAMP
09-12-88
92-88
RESOLUTION RESCINDING RESOLUTION NO. 74-88 & STATING THE
CITY'S COMMITMENT TO ALLOCATE FAU FUNDS FOR THE MAIN
STREET/QUINTANA ROAD SIGNALIZATION PROJECT
09-12-88
93-88
RESOLUTION APPROVING CONSENT TO SUBLEASE AGREEMENT FOR
PORTIONS OF LEASE SITES 93-95 TO SOPHIE E. HILL -
GEORGE LEASE SITE
09-12-88
94-88
RESOLUTION AWARDING 20 YEAR LEASE FOR LS 150 TO DAN H.
WIXOM, DBA WIXOM CONCRETE, INC.
09-12-88
95-88
RESOLUTION ANNOUNCING FINDINGS DENYING THE APPEAL &
APPROVING SIGN EXCEPTION PERMIT - MORRO GARDENS MOTEL
09-12-88
96-88
RESOLUTION ANNOUNCING FINDINGS & DENYING APPEAL &
APPROVING CDP & TENTATIVE PARCEL MAP FOR A 40-UNIT LOW-
INCOME HOUSING PROJECT
09-12-88
• RESOLUTIONS - 1988
NUMBER
TITLE
6�_aa RESOLUITON APPROVING MONTH -TO -MONTH CONTINUATION OF EXTEN-
SION OF DIAL -A -RIDE TRANSIT OPEATIONS AGMT WITH LAIDLAW
TRANIST, INC. 06-27-88
64-88
RESO ON ADOPTING A BUDGET & MAKING APPROPRIATIONS FOR
FY 88-89
06-27-88
65-88
RESOLUTION RELATING THE CLASSFICIATION, COMPENSATION, &
TERMS OF EMPLOYMENT OF UTIVE EMPLOYEES
06-27-88
66-88
RESOLUTION ORDERING PLACED ON T BALLOT OF THE NEXT CITY
ELECTION INITIATIVE MEASURES TO PR BIT A GAZEBO IN MB
"CITY" PARK, AND TO REZONE "PINEY WAY LAGE" PROPERTY
06-27-88
67-88
RESOLUTION RELATING TO THE CLASSFICATION, CO NSATION &
TERMS OF EMPLOYMENT OF FIRE FIGHTER EMPLOYEES
06-27-88
68-88
RESOLUTION ANNOUNCING FINDINGS & GRANTING AN APPEAL T
PLAN.COMM. DENIAL OF CUP 39-86 (CONCEPT PLAN) & APPROVIN
CUP FOR REMOVAL OF SEVERAL EXISTING VISITOR SERVING USES
LOCATED ON CITY LEASE SITES & REPLACEMENT WITH INTEGRATED
COMMERCIAL VISI Marina;
69-88
VOID
70-88
RESOLUTION RE: MOU - POLICE
07-11-88
71-88
RESOLUTION OF INTENTION TO VACATE PUBLIC'S RIGHT TO
USE A PORTION OF NAPA AVENUE FOR STREET PURPOSES
07-11-88
72-88
RESOLUTION RE: MOU - MISCELLANEOUS EMPLOYEES
07-11-88
73-88
RESOLUTION RE: MOU - CONFIDENTIAL EMPLOYEES
07-25-88
74-88
RESOLUTION STATING COMMITMENT TO ALLOCATE FAU FUNDS
FOR TWIN BRIDGES REPLACEMENT PROJECT
07-25-88
75-88
RESOLUTION CONFIRMING REPORT RE: WEED ABATMENT PROCEDURES
& MAKING ASSESSMEMENTS
07-25-88
76-88
RESOLUTION PETITIONING THE GOVERNOR OF THE STATE OF
CALIFORNIA TO NOMINATE MORRO BAY FOR THE,NATIONAL
ESTUARY PROGRAM
07-25-88
77-88
RESOLUTION ANNOUNCING FINDINGS & APPROVING A SIGN
EXCEPTION PERMIT - MITCHELL, 500 EMBARCADERO
07-25-88
78-88
RESOLUTION ADOPTING 1988-91 AGREEMENT FOR ANIMAL CON-
TROL SERVICES WITH COUNTY OF SLO
07-25-88
79-88
RErSOLUTION VACATING PUBLIC'S RIGHT TO USE A PORTION OF
NAPA AVENUE FOR STREET PURPOSES
08-08-88
80-88
RESOLUTION RE: MOU - AMENDING FOR CITY HOLIDAY
08-08-88
RESOLUTION NO. 146-88
RESOLUTION RESCINDING RESOLUTIONS NO. 143-88 AND 144-88;
CASE NO. LUP/ZOA 02-88 (CLOISTERS)
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, at their
regular meeting of December 12, 1988, did adopt Resolution No.
143-88 entitled, "A Resolution Accepting and Authorizing Coastal
Commission Staff Recommendations for Minor Modifications to Lan-
guage of Land Use Plan Amendments #03-88 (Case No. LUP/ZOA 02-
88)", and Resolution No. 144-88 entitled "A Resolution Accepting
Certification by the California Coastal Commission of Land Use
Plan Amendments #03-88 (Case No. LUP/ZOA 02-88)"; and
WHEREAS, the California Coastal Commission, at their meeting
in San Francisco on December 14, 1988 failed to act upon said
Resolutions.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Morro Bay that Resolutions No. 143-88 and 144-88 are
hereby rescinded in their entirety, and Resolution No. 145-88
substituted therefor.
PASSED AND ADOPTED by the Morro Bay City Council at a
special meeting thereof held on the 30th day of December 1988
on the following vote:
AYES: Baker, Lemons, Odell, Wuriu, Sheetz
NOES: None
ABSENT: None
ROSE MARIE SHtETZ, Mayo
ATTEST:
�i
ARDITH DAVIS, City Clerk
•
RESOLUTION NO. 145-88
RESOLUTION ACCEPTING COASTAL COMMISSION CERTIFICATION
WITH CONDITIONS AND ADOPTION OF MINOR MODIFICATIONS
TO LANGUAGE OF LAND USE PLAN IN PLANNING AREA 2 OF THE
MORRO BAY LOCAL COASTAL PROGRAM, AMENDMENT NO. 03-88
TO CONFORM TO COASTAL COMMISSION CONDITIONS
(CASE NO. LUP/ZOA 02-88)
T H E C I T Y C O U N C I L
City of Morro Bay, California
WHEREAS, on October 24, 1988, the City Council of the City of
Morro Bay did adopt Resolution No. 127-88 which Resolution adopted
certain amendments to the Morro Bay local Coastal Program Land Use
Plan Text and Map within Planning Area 2; and
WHEREAS, on November 28, 1988 the City Council of the City of
Morro Bay did adopt Ordinance No. 338 which Ordinance did amend the
Local Coastal Program Implementation Program (Zoning Ordinance) Text
and Map within Planning Area 2; and
WHEREAS, such amendments were submitted to the California Coastal
Commission for certification as part of the City's Local Coastal Pro-
gram, such amendments to become effective immediately and automati-
cally upon certification by said Coastal Commission; and
WHEREAS, said amendments were considered by the California
Coastal Commission at its regular meeting held December 14, 1988 in
San Francisco, and were certified with the condition that said amend-
ments include certain minor modifications to the language as recom-
mended and set forth in the report to the Coastal Commission prepared
by Coastal Commission staff; and
WHEREAS, said modifications are minor in nature, do not change
the use of the land, do not change the intent nor purpose of the City
Council with which the amendments were made to the Land Use Plan, and
consist of matters considered and discussed at the various public
hearings held to consider amendments to the Local Coastal Program; and
WHEREAS, the City Council of the City of Morro Bay held a duly
noticed public hearing on December 30, 1988 to consider said minor
modifications to the amendments, although no public hearing is
required by law as said modifications are minor in nature; and
WHEREAS, the City Council does hereby determine and find for the
purposes of the California Environmental Quality Act that the contem-
plated modifications to the Local Coastal Program and the supporting
information are exempt from CEQA as the functional equivalent of an
EIR and that for purposes of CEQA the Coastal Commission is the lead
agency, and no further documentation is necessary by the City; and
0 6
Resolution No. 145-88
Page 2
WHEREAS, the contemplated modifications to the amendments are in-
ternally consistent with other portions of the Local Coastal Program
and are consistent with all elements of the City's adopted General
Plan; and
WHEREAS, at said public hearing, the City Council did consider
the Coastal Commission staff report and actions of the Coastal Commis-
sion on the matter, the verbal report of the City Attorney, and the
testimony, both oral and written, of all persons wishing to testify at
the hearing.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City
of Morro Bay, California, as follows:
1. The City Council of the City of Morro Bay hereby finds that
the above recitations are true and correct and constitute the findings
of the City Council in the matter; and
2. The City Council hereby accepts the conditions of cer-
tification by the California Coastal Commission and amends to conform
thereto its previously adopted Resolution No. 127-88 which Resolution
adopted amendments to the Morro Bay Local Coastal Program Land Use
Plan Text and Map within Planning Area 2; said conditions are set
forth in Exhibit A attached hereto and made a part hereof by refer-
ence; and
3. The City Council hereby acknowledges the California Coastal
Commission resolution of certification including the terms and modifi-
cations which were required for final certification; accepts and
agrees to such terms and modifications and by this Resolution takes
the formal action required to satisfy the terms and modifications and
agrees to issue Coastal Development Permits for the total area in-
cluded in the certified Land Use Plan pursuant to Public Resources
Code 30600.5 in accordance therewith.
PASSED AND ADOPTED by the Morro Bay City Council at a special
meeting thereof held on the 30th day of December 1988 on the fol-
lowing vote:
AYES: Baker, Lemons, Wuriu, Sheetz
NOES: None
ABSENT: None
ABSTAIN: Odell
ATTEST:
ARDITDAVIS, City Clerk
EXHIBIT A
A. SUGGESTED MODIFICATIONS •
1. Revise Policy 1.13(a) as follows:
a. Two vertical accessways to the beach shall be provided, one each
on the north and south portions of the parcel. 7M6/YE91M0KJi '
M[[EYYtd��/YMMXX/tld/dd:lEXAdEd/OdX�/X►(/YME/M:IMdY/YMd/SddYMMtX�
ddtYX6M/Xf/dMddXdde'vI/fdt/t'ES9dEMYX�X/ddYddYEY! The accessways
shall be of sufficient size...
2. Revise Policy 11.22 as follows:
11.22. The precise location and thus boundary line of Environmentally
Sensitive Habitat areas shall be determined based upon a field study
paid for by the applicants and performed by the City or City's
consultants and approved by City Council and/or their appointed
3. Add a new policy to the Environmentally Sensitive Habitat policies as
follows: -
4. Revise Policy 11.21 as follows:
.Dedication of beach and duke area to the state is encouraged for
proper management. Prior tof716fG:lMX/df/aIM�/dM:IMXddd�EMY/dXMMs
commencement of any development the applicant shall ensure
restoration, enhancement and protection of th dune and marsh habitat
areas. The restoration -enhancement -protection program shall be
submitted for review and comment by U.S. Fish and Wildlife Service,
MMd the California Department of Fish and Game, and the California
Coastal Commission, and suggested modifications shall be incorporated
into the program after review by these agencies.
5. Revise Policy 0.6(2)(e) as�follows:
Subdivision shall be phased to ensure the orderly provision of public
services in compliance with City regulations and Coastal Act
priorities. The northerly portion of the property shall be
subdivided first, and not less than 750A of the residential lots
created shall have homes completed upon them prior to City approval
of any final residential subdivision map on the southerly portion of
the property. However, the southern portion of the site may be
vision or development of the northern area.
lots have been sold to individuals in an undeveloped state.
RESOLUTION NO. 144-88
A RESOLUTION ACCEPTING CERTIFICATION BY THE CALIFORNIA COASTAL
COMMISSION OF LAND USE PLAN AMENDMENTS #03-88
(CASE NO. LUP/ZOA 02-88)
THE CITY COUNCIL
City of Morro Bay, California
WHEREAS, by Resolution number 143-88 the City Council made
certain findings of fact concerning the City's Land Use Plan
Amendments #03-88 (Case No. LUP/ZOA 02-88) which findings are
incorporated herein by reference; and
WHEREAS, said amendments will be considered by the
California Coastal Commission at its regular meeting set for
December 14, 1988 in San Francisco; and
WHEREAS, by resolution number 143-88 the City Council has
accepted modifications recommended by Coastal Commission Staff
and authorized the amendment of the City's submittal to conform
thereto.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the
City of Morro Bay, California, as follows:
1. The City Council of the City of Morro Bay hereby finds
that the above recitations are true and correct and constitute
the findings of the City Council in the matter; and
2. In the event the Coastal Commission does, at the Coastal
Commission hearing held on the matter, certify, as submitted, the
City's proposed Land Use Plan amendments as amended by the City
Attorney, the City Council does hereby accept and agree to such
certification by the California Coastal Commission and agrees to
such terms and modifications and agrees to take whatever formal
action, if any, is required to implement said modifications.
PASSED AND ADOPTED, by the City Council of the City of Morro
Bay at a regular meeting held thereof on the 12th day of
December, 1988 by the following roll call vote;
AYES: Baker, Lemons, Wuriu, Sheetz
NOES: None
ABSENT: None
ABSTAIN: Odell
ROSE MARIE NEETZ, MAYOR
ARDITH DAVIS, CITY CLERK
JS:ljh
disk b a:lupres3
RESOLUTION NO. 143-88
A RESOLUTION ACCEPTING AND AUTHORIZING COASTAL COMMISSION
STAFF RECOMMENDATIONS FOR MINOR MODIFICATIONS TO LANGUAGE OF
LAND USE PLAN AMENDMENTS #03-88 (CASE NO. LUP/ZOA 02-88)
THE CITY COUNCIL
City of Morro Bay, California
WHEREAS, on October 24, 1988 the City Council of the
City of Morro Bay did adopt Resolution No. 127-88 which
Resolution adopted certain amendments to the Morro Bay Local
Coastal Program Land Use Plan Text and Map within Planning
Area 2; and
WHEREAS, on November 28, 1988 the City Council of the
City of Morro Bay did adopt Ordinance No. 338 which
Ordinance did amend the Local Coastal Program Implementation
Program (Zoning Ordinance) Text and Map within Planning Area
2; and
WHEREAS, such amendments were submitted to the
California Coastal Commission for certification as part of
the City's Local Coastal Program, such amendments to become
effective immediately and automatically upon certification
by said Coastal Commission; and
WHEREAS, said amendments will be considered by the
California Coastal Commission at its regular meeting set for
December 14, 1988 in San Francisco; and
WHEREAS, Staff to said Coastal Commission has
recommended certain minor modifications to the language of
the City's submitted amendments to the Land Use Plan of the
Local Coastal Program, which modifications are minor in
nature and do not change the use of the land; and
WHEREAS, said minor modifications do not change the
intent nor purpose of the City Council with which the
amendments were made to the Land Use Plan and consist of
matters considered and discussed at the various public
hearings held to consider amendments to the Local Coastal
Program.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of
the City of Morro Bay, California, as follows:
1. The City Council of the City of Morro Bay hereby
finds that the above recitations are true and correct and
constitute the findings of the City Council in the matter;
and
2. The City Council hereby accepts the modifications
recommended by California Coastal Commission Staff to the
previously adopted Resolution No. 127-88 which Resolution
adopted amendments to the Morro Bay Local Coastal Program
Land Use Plan Text and Map within Planning Area 2; said
modifications and set forth in Exhibit A attached hereto and
made a part hereof by reference; and
3. The City Council of the City of Morro Bay hereby
authorizes and directs the City Attorney to appear at the
meeting of the California Commission wherein this matter is
considered by said Commission and present this Resolution to
the Commission and amend the City's submittal to conform to
the recommendations of the Coastal Commission Staff or the
Commissioners together with any minor amendments or changes
thereto, in her discretion, which conform to the intent and
purpose of the City Council, 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 12th day
of December, 1988 by the following roll call vote;
AYES: Baker, Lemons, Wuriu, Sheetz
NOES: None
ABSENT: None
ABSTAIN: Odell
A��
ARDITH DAVIS, CITY CLERK
JS:ljh
disk b a:lupres
RESOLUTION NO. 142-88 '
A RESOLUTION OF THE
CITY COUNCIL
OF THE
CITY OF MORRO BAY, CALIFORNIA
RATIFYING FACILITY USE
RULES FOR THE COMMUNITY CENTER
AND REVISING USE RULES FOR OTHER CITY FACILITIES
WHEREAS, the Morro Bay Municipal Code 2.24.110 enables the
Recreation and Parks Commission to regulate use of recreation
areas and facilities; and
WHEREAS, the Commission has reviewed all proposed new
facility use rules at three (3) public hearings and one (1)
regular meeting; and
WHEREAS, the Senior Citizens, Inc. Board of Directors has
reviewed the facility use rules proposed for the Community Center
and approves of them; and
WHEREAS, it is beneficial and necessary to protect the
publics' equipment and property; and
WHEREAS, it is the intent of the City that these use rules
shall provide the highest level of control and protection for
City facilities yet not deter use of public property; and
WHEREAS, after careful study of existing facility use rules
and the proposed revision attached and marked "Exhibit A" the
Commission has adopted the rules found in "Exhibit A" meet the
criteria aforementioned.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the
City of Morro Bay does hereby ratify the facility use rules
attached and marked "Exhibit A" for implementation January 1,
1989 or when the Community Center opens, whichever comes first.
BE IT FURTHER RESOLVED that existing facility use rules be
modified as found attached in "Exhibit A".
PASSED AND ADOPTED by the City Council of the City of Morro
Bay at a regular meeting thereof held this 12th day of December,
1988 by the following roll call vote:
AYES: Baker, Lemons, Odell, Wuriu, Sheetz
NOES: None
ABSENT: None
r
ROS MARIE SHEET YOR
ATTEST:
ARDITM DAVIS
CITY E.
Recreation & Parks
CITY OF MORRO BAY
HtrtHtN(-;t 0750
SECTION
FACILITIES/EQUIP. 0700
CITY OWNED OPEN SPACE/
FACILITY USE POLICY
6/21/83
CITY OWNED OPEN SPACE USE/FACILITY USE POLICY
Use of Parks/Facilities:
0750
All City parks and facilities are intended for the recreational
use of residents of the City of Morro Bay. When not in use for
City business or recreation programs, the parks and facilities
may be used by local groups and individuals for social, cultural
and recreational activities.
A. Use of open space shall not be granted when for any reason
as determined by the Recreation and Parks Department, such
use may not be in the best interest of the Department or the
City of Morro Bay.
B. The City of Morro Bay is NOT responsible for accidents,
injury or loss of individual property in any of its
facilities or parks.
C. The individual or organization granted use of the open space
shall be held responsible for reimbursing the City for any
loss or damage to City property caused by use.
D. No use of facilities or open space shall be granted in such
a manner as to constitute a monopoly for the benefit of any
person or group.
E. Permission for use of open space will be granted upon the
condition that all rules governing use of open space will be
followed. PERMISSION MAY BE REVOKED AT ANYTIME FOR FAILURE
TO DO SO. These rules are subject to change by the
Recreation and Parks Commission of the City of Morro Bay.
Rules for Open Space Use 0751
A. City owned space is open for use on a drop -in and/or
scheduled basis.
B. Individuals or groups desiring use of open space must
complete an application for use and file it with the
Recreation and Parks Department no more than four (4) months
Recreation & Parks
CITY OF MORRO BAY
REFERENCE 0750
SECTION
FACILITIES/EQUIP. 0700
SUBJECT
CITY OWNED OPEN SPACE/
FACILITY USE POLICY
PAGE 9 OF 15
Date 6/21/83 Revise
prior to the date requested and at least five (5) working
days prior to the date of use.
C. If the application for use is found to be in good order,
after review by the Recreation and Parks Director or his
appointed representative, the permit for use shall be
granted. The application shall serve as a permit upon
signature of application and payment of all fees. PERMITS
WILL BE ISSUED TO ADULTS ONLY.
D. The sale or consumption of alcoholic beverages is hereby
prohibited unless permission has been granted by the
Recreation and Parks Department. Any sales and/or
consumption of alcoholic beverages on open space shall be
subject to the rules and regulations of the Alcoholic
Beverage Control Board. A liquor license is due two (2)
days prior to the event.
E. A charge of 10% of the gross receipts will be assessed on
any concession stand sales of the applicant.
F. No advertising shall be exhibited and no solicitations or
sales made on open space or on the grounds of a park without
prior written permission from the Department Director and in
some instances a business license is required.
G. Users may be required to present evidence of suitable
liability insurance in which the City is named additionally
insured.
H. Any group finding it necessary to cancel its reservation
should do so at least five (5) calendar days prior to the
date reserved. Failure to do so will result in assessment
of a 20% administrative fee to the group or individual.
I. Reservations may be canceled by the Recreation and Parks
Department upon two days notice to the group or permit
holder. INCLEMENT WEATHER CANCELLATIONS MAY BE MADE AT ANY
TIME.
J. Keys, where needed, for other than use during regular
business hours, must be obtained in advance from the
�. Recreation & Parks
CITY OF MORRO BAY
REFERENCE_ 0750
SECTION
FACILITIES/EQUIP. 0700
SUBJECT
CITY OWNED OPEN SPACE/
FACILITY USE POLICY
AGE 10 OF 15
Date 6/21/83 R vise
Recreation and Parks office, and must be returned by the
next business day after use. A key deposit for said keys is
required.
K. Clean up must be accomplished within the time established in
the agreement. Clean up services are not provided as part
of the fee. Any clean up by City staff will be charged -
against the organization or group. All trash cans should be
emptied including those in restrooms and park grounds, into
dumpsters in the area.
L. NO CAMPING OR OVERNIGHT PARKING IS ALLOWED IN CITY PARKS.
Parking overnight at Tidelands Park in conjunction with use
of the boat launching facility is authorized.
M. No storage of personal property, boat work or use of service
roads by private vehicles is allowed unless authorized by
City Open Space Use Permit.
Rules for Facility Use 0752
Uses 0752.1
Application: Any person or group wishing to use a facility must
fill out an application. If the schedule is clear for the date
requested, staff will assign a category and estimate fees. No
application will be accepted without a deposit.
Availability: Facilities are open for use on a scheduled basis
only from 7:00 a.m. - 1:00 a.m. daily. No event shall be allowed
beyond the 1:00 a.m. deadline.
Approval: if the application for use is found to be in good
order, the permit for use of the facility shall be issued with an
invoice for use fees. Permits will be issued to adults only.
Reservations:
A. Reservations must be finalized with payment in full 30 days
prior to use to allow for scheduling of staff and for checks to
clear. Cash or Money Orders may be required for first time
users.
Recreation & Parks
CITY OF MORRO BAY
REFERENCE0750
SECTION
FACILITIES/EQUIP. 0700
SUBJECT
CITY OWNED OPEN SPACE/
FACILITY USE POLICY
PAGE 11 OF 15
Date 8721183 Revise
B. Cancellations must be made 14 days prior to scheduled use
for any refund of fees paid. A 20% service charge of invoiced
costs will be deducted to cover administrative costs.
C. Users may be required to provide a policy endorsement for
Liability Insurance naming the City as an additional insured and
stating that such insurance is primary coverage. Minimum
coverage will be $500,000 combined single limit bodily injury and
property damage coverage. Users may be required to provide a
Certificate of Worker's Compensation Insurance.
D. The City reserves the right to refuse to permit any activity
which is inappropriate for a public facility or not compatible
with the structure and/or surrounding neighborhood. In no case
will a refusal be based on applicant's race, color, national
origin, or sex.
E. The City reserves the right to cancel any applicant's
reservation with 14 days notice due to scheduling conflict, or
with no notice in the event of emergency closure of the facility.
F. Reservations will be accepted up to four (4) months prior to
the date requested. Exceptions to this rule can be granted only
by the Director of Recreation and Parks for special
circumstances.
G. Standing reservations for use of the Veteran's Hall or
Library Program Room for a regular user shall be granted for no
more than one use in any one week period of the year from January
to December. Requests for use shall be submitted in October of
each year.
H. Uses of the Community Center by groups or individuals not
affiliated with the Recreation and Parks Department shall be
limited to one (1) every four (4) months.
Security Deposits 0752.2
A. The security deposit in full is required prior to any
application being accepted.
I]
Recreation & Parks
CITY OF MORRO BAY
REFERENCE 0750
SECTION
FACILITIES/EQUIP. 0700
SUBJECT
CITY OWNED OPEN SPACE/
FACILITY USE POLICY
12 OF 15
DntP 6/21/83 RPvicPrl
B. The City reserves the right to require additional security
deposit limits at its discretion.
C. Any damages or clean up will be deducted from the security
deposit before its return to user. Users will have to wait a
minimum of 14 days for deposit to be returned.
Promotion
0752.3
A. Any advertising or promotion done for any event to be held
at a City facility must comply with all the laws and ordinances
of the City of Morro Bay, the County of San Luis Obispo, and the
State of California.
B. The City must give permission prior to any planned telecast
recording of an event or activity at a City facility.
C. No written materials shall be placed in, on or about a City
facility without written approval of the City.
D. Any type of promotion initiated by an applicant prior to
reservation confirmation may result in loss of reservation and
fees.
Staff 0752.4
A. Facility Attendant
1. A facility attendant shall be present at all times when
the facility is in use. This fee will be charged back
to the user.
2. The attendant is in charge at all times. The function
will be terminated if rules are not adhered to.
B. Security Guards
1. Security guards are hired by the City with fees charged
to the user.
REFERENCE 0750
LFACILLOI"TY
ION
Recreation & Parks TIES/EQUIP. 0700
�= ECT
CITY CITY OF MORRO BAY EUSEPPOLICYEN CE/
13 F 15
Dat 6/21/83 Revise
2. The Recreation and Parks Director may use discretion in
designating an increased/decreased number of security
guards for any function, or eliminating the requirement
for security guards based solely on a groups past use
of City facilities.
3. Minimum requirements for high -risk events are one
security guard for each 100 guests. High -risk events
include weddings with alcohol, dances (live band or
amplified music) and social events with alcohol.
4. Any group with participants under the age of 18 may be
required to have staff approved chaperones.
Concessions and Kitchen Use 0752.5
A. The City has exclusive rights to all food and drink
concessions.
B. No food or drink will be allowed in the facility unless
authorized by City permit.
C. On -premise sales or solicitations during a rental (i.e.:
programs, T-shirts, etc.) must relate to the event and must be
approved by the City. Arrangements are subject to a minimum of
10% of gross receipts.
D. Kitchen use at the Community Center is subject to payment of
a clean-up fee, assignment of a kitchen monitor and orientation
of kitchen users to the facility.
Set-up and Clean-up
0752.6
A. All set-ups at the Community Center will be scheduled and
accomplished by City at the user's expense. Set-ups at the other
facilities are to be completed by the applicant during rental
agreement hours.
B. Equipment must be reserved in advance. No equipment shall
be removed from the facility without written permission from the
Department.
Recreation & Parke,
CITY OF MORRO BAY
L
RENCE 0750
ION
TIES/EQUIP. 6700
ECT
WNED OPEN SPACE/
TY USE POLICY
14 F 15
6/21/83 Revise
C. Any damage to the premises, furnishings or equipment by
applicant or guests will be charged to the user.
D. All clean-up will be completed by the City and charged to
the user at a productive hourly rate. Regular users who have
demonstrated experience in performing clean-up may be allowed to
clean-up facilities with approval of the Director of Recreation
and Parks.
E. Decorations must be approved by the Recreation and Parks
Department. Examples of prohibited materials include cellophane
adhesives, nails, screws, staples and adhesive tape. All
materials must be fire proof or fire retardant.
General
0752.7
A. No smoking is allowed in City facilities at any time by
Morro Bay Municipal Code 9.24.
B. The use of amplification equipment, of any type, is
expressly prohibited in the facility without written permit from
the Recreation and Parks Department.
C. The sale or consumption of alcohol is hereby prohibited
unless written permission or a permit approving such sale or
consumption is issued by the Recreation and Parks Department and
liability insurance is provided pursuant to 0752.1, C.
D. Failure to comply with any of the above stated policies may
result in cancellation of contract and forfeiture of fees.
Fees 0752.8
A. All City sponsored events are exempt from fee schedule, but
will produce revenue on a percentage basis.
B. Events hosted by City staff for the express purpose of
education or professional development will be exempt from rental
fees and catering policies.
Recreation & Parks
CITY OF MORRO BAY
It�e
REFERENC:E7 0
SECTION
FACILITIES/E0SUBJECT
CITY OWNED O/FACILITY USEPAGE i5 Dat 6/21/83
C. Any activity charging admission or soliciting a donation
must pay 10% of gross receipts or scheduled fees, whichever is
greater.
D. City staff will: 1) be in attendance at all times, 2)
supervise and/or perform all set-ups except for regular users and
clean-ups and, 3) operate and maintain all facility equipment.
These charges are additional to rental fees.
Special Charges
0752.9
A. Staff costs will be charged out at a productive hourly rate
or less for the following staff:
Set-up labor
Clean-up labor
Sound, lighting & projection technicians
B. Equipment costs will be charged out at the hourly rates:
coffeemaker............ $5/day
piano.. ............. $20
16mm projector......... $15
slide projector........ $15
RESOLUTION NO. 141-88
A RESOLUTION APPROVING A MONTH -TO -MONTH CONTINUATION OF
THE EXTENSION OF THE CITY OF MORRO BAY DIAL -A -RIDE TRANSIT
OPERATIONS AGREEMENT WITH LAIDLAW TRANSIT, INCORPORATED
THE CITY COUNCIL
City of Morro Bay, California
WHEREAS, the City Council adopted on June 27, 1988 Resolution
No. 63-88 approving a month -to -month continuation of the extension
of the City of Morro Bay Dial -A -Ride (DAR) Transit Operations
Agreement with Laidlaw Transit, Incorporated (LTI), effective July
1, 1988 and terminating upon the completion of the Request for
Proposals (RFP) process to operate DAR in the future or December
31, 1988, which ever occurs first; and
WHEREAS, said Resolution states it is in the public interest
to solicit proposals for a new DAR Transit Operations Agreement
subsequent to the completion and adoption of the City's updated
Transit Development Plan (TDP), FY 1988/89 - FY 1992/93; and
WHEREAS, the time needed to complete said RFP process is
estimated to be three to four months; and
WHEREAS, the City Council adopted said TDP on November 28,
1988; and
WHEREAS, it is not possible for the City to complete said RFP
process before December 31, 1988, the expiration date of the
current extension of the existing Transit Agreement described
hereinabove; and
WHEREAS, it is in the public interest to continue said
extension of said Transit Agreement on a month -to -month basis
pending the completion of the aforesaid RFP process; and
WHEREAS, said Transit Agreement provides that City may, upon
mutual consent, extend the Agreement by written notification and
may also upon mutual consent renegotiate said Agreement as allowed
by law; and
WHEREAS, LTI has the management and technical personnel and
other assets necessary to continue the operation of DAR; and
WHEREAS, City desires to retain LTI to operate DAR by
continuing the current extension of said Transit Agreement; and
WHEREAS, LTI desires to provide such transit services to City
for the period of said continued extension.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Morro Bay as follows:
1. The extension of the DAR Transit Operations Agreement is
hereby continued effective January 1, 1989, subject to the
terms and conditions of the Continuation of Extension
Agreement, attached hereto as Exhibit A and incorporated
herein by reference.
2. The City Administrator is hereby authorized to sign all
related documents.
PASSED AND ADOPTED by the City Council of the City of Morro
Bay at a regular meeting thereof held on the 12th day of December,
1988 by the following vote:
AYES: Baker, Lemons, Odell, Wuriu, Sheetz
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST:
ARDITH DAVIS, City Clerk
EXHIBIT A
CONTINUATION OF EXTENSION AGREEMENT
CITY OF MORRO BAY DIAL -A -RIDE TRANSIT OPERATIONS
This Agreement is entered into the 12th day of December 1988,
by and between the City of Morro Bay, hereinafter referred to as
"CITY", and Laidlaw Transit, Incorporated, hereinafter referred to
as "CONTRACTOR".
W I T K& S S_ K I H
WHEREAS, the City Council adopted on June 27, 1988 Resolution
No. 63-88 approving a month -to -month continuation of the extension
of the City Dial -A -Ride (DAR) Transit Operations Agreement with
Contractor, effective July 1, 1988 and terminating upon the
completion of the Request for Proposals (RFP) process to operate
DAR in the future or December 31, 1988, which ever occurs first;
and
WHEREAS, said Resolution states it is in the public interest
to solicit proposals for a new DAR Transit Operations Agreement
subsequent to the completion and adoption of the city's updated
Transit Development Plan (TDP), FY 1988/89 - FY 1992/93; and
WHEREAS, the time needed to complete said RFP process is
estimated to be three to four months; and
WHEREAS, the City Council adopted said TDP on November 28,
1988; and
WHEREAS, it is not possible for the City to complete said RFP
process before December 31, 1988, the expiration date of the
current extension of the existing Transit Agreement described
hereinabove; and
WHEREAS, it is in the public interest to continue said
extension of said Transit Agreement on a month -to -month basis
pending the completion of the aforesaid RFP process; and
WHEREAS, said Transit Agreement provides that City may, upon
mutual consent, extend the Agreement by written notification and
may also upon mutual consent renogotiate said Agreement as allowed
by law; and
WHEREAS, Contractor has the management and technical
personnel and other assets necessary to continue the operation of
DAR; and
WHEREAS, City desires to retain Contractor to operate DAR by
continuing the current extension of said Transit Agreement; and
WHEREAS, Contractor desires to provide such transit services
to City for the period of said continued extension.
NOW, THEREFORE, in consideration of the foregoing recital and
convenants and agreements of each of the parties herein set forth,
the parties hereto agree as follows:
1. The DAR Transit Operations Agreement, dated January 9, 1984
between City and Cal Coast Charter, Inc. and subsequently
transferred to Laidlaw Transit, Inc. pursuant to Resolution
No. 14-86, and related Extension Agreements thereof,
incorporated herein by reference, are hereby continued on a
month -to -month basis effective January 1, 1989, and
terminating upon the completion of the RFP process described
hereinabove.
2. All terms and conditions of said Transit Agreement shall
continue in effect for the period of any all extensions as
described hereinabove, except as otherwise provided herein.
3. The rate per service mile and fixed management fee shall
continue to be $1.06 per mile and $2,780.34 per month,
respectively.
4. Paragraph 10 of said Transit Agreement is hereby amended to
provided for thirty (30) days written notice by either party
to terminate the Agreement.
LAIDLAW TRANSIT, INC.
WILLIAM JOHNSON, Vice President of
Operations/Western Area
CITY
OF
••••
BAY
^ i i"
ATTEST:
ZWeZZ�
ARDITH DAVIS, City Clerk
R E S O LUT = ON N O_ 1 4 0— 8 8
RESOLUTION RECITING THE FACT OF THE GENERAL MUNICIPAL
ELECTION HELD IN THE CITY OF MORRO BAY ON THE
8TH DAY OF NOVEMBER, 1988, DECLARING THE RESULTS THEREOF,
AND SUCH OTHER MATTERS AS ARE PROVIDED BY LAW
T H E C I T Y C O U N C I L
City of Morro Bay, California
WHEREAS, a regular general municipal election was held and
conducted in the City of Morro Bay, County of San Luis Obispo,
State of California, on Tuesday, the 8th day of November 1988, as
required by law; and
WHEREAS, notice of said election was duly and regularly
given in time, form and manner as provided by law; that voting
precincts were properly established; that election officers were
appointed and that in all respects said election was held and
conducted and the votes cast thereat, received and canvassed and
the returns made and declared in time, form, and manner as re-
quired by the provisions of the Elections Code of the State of
California for the holding of elections in cities; and
WHEREAS, the Board of Supervisors of San Luis Obispo County
has duly canvassed or caused to be canvassed the votes cast in
the City of Morro Bay by the voters of the City at the general
municipal election consolidated with the Statewide General Elec-
tion held on November 8, 1988, and the County Clerk has duly cer-
tified to this City Council the result of the votes cast at said
election which said certification is attached hereto and by ref-
erence made a part hereof.
NOW, THEREFORE, BE IT RESOLVED by the Morro Bay City Council
as follows:
1. That there were seven voting precincts established for
the purpose of holding said election consisting of consolidations
of the regular election precincts in the City of Morro Bay as es-
tablished for the holding of state and county elections.
2. That said general municipal election was held for the
purpose of electing the following officers of said City as re-
quired by the laws relating to the cities in the State of
California, to wit:
A Mayor of said City for the full term of two years;
Two members of the City Council of said City for the full
terms of four years.
Resolution No. 140-88
Page 2
3. That said general municipal election was also held for
the purpose of voting on the following measures as submitted to
the electors of said City:
MEASURE A - BUSINESS LICENSE
Shall an Ordinance be enacted entitled "An
Ordinance of the City of Morro Bay to amend
various sections of Title 5 of the Morro Bay
Municipal Code relating to Business License
Tax Rates and authorizing automatic annual
adjustments commencing June 30th, 198611?
MEASURE B - AFFORDABLE HOUSING INITIATIVE
Shall an initiative be enacted amending the
Morro Bay Land Use Plan and Applicable Zoning
Ordinances to establish affordable senior
housing density bonuses and other incentives?
MEASURE C - AFFORDABLE HOUSING ORDINANCE
Shall Chapter 17.50 of the Municipal Code
which creates and grants affordable housing
density bonuses and incentives be amended to
prohibit future repeal or amendment of said
Chapter 17.50, without a vote of the people?
MEASURE D - PINEY WAY VILLAGE INITIATIVE
Shall an Ordinance be enacted to rezone the
"Piney Way Village" Property from R-2 Multi -
Family Residential to C-1 District
Commercial?
MEASURE E - GAZEBO IN "CITY" PARK INITIATIVE
Shall an Ordinance be enacted to prohibit
placing a gazebo in Morro Bay "City" Park and
to require any gazebo in Morro Bay "City"
Park removed?
4. That the names of the persons voted for at said elec-
tion for the Mayor are as follows:
Rose Marie Sheetz
Ray Kaltenbach
Norman E. Davis
Dale L. Reddell
Resolution No. 140-88 •
Page 3
5. That the names of the persons voted for at said elec-
tion for Councilmember of said City are as follows:
Tom Wuriu
John C. Baker
Paul Price
Charles Reasor
6. The City Council does declare and determine that:
ROSE MARIE SHEETZ was elected as Mayor of said City for
the full term of two years.
TOM WURIU was elected as Councilmember of said City for
a full term of four years.
JOHN C. BAKER was elected as Councilmember of said City
for a full term of four years.
The required number of the qualified voters voting on
MEASURE A relating to a Business License Tax Rate adjustment did
vote in favor thereof, and said measure was carried.
The required number of the qualified voters voting on
MEASURE B relating to an Affordable Housing Initiative did not
vote in favor thereof, and said initiative failed.
The required number of the qualified voters voting on
MEASURE C relating to an Affordable Housing Ordinance did not
vote in favor thereof, and said measure failed.
The required number of the qualified voters voting on
MEASURE D relating to an initiative rezoning the Piney Way
Village property did vote in favor thereof, and said initiative
was carried.
The required number of the qualified voters voting on
MEASURE E relating to an initiative prohibiting a Gazebo in
"City" Park did vote in favor thereof, and said initiative was
carried.
7. At said election the names of the persons voted for and
the number of votes given each person, and the measures voted for
and the number of votes given for and against each measure are as
set forth in the attached certification.
8. The total number of votes cast in the City at said
election and the total number of votes given in each precinct and
by absentee voters of the City was and is set forth in the at-
tached certification.
Resolution No. 140-88
Page 4
9. The City Clerk shall immediately make and deliver to
each of such persons so elected a Certificate of Election signed
by the City Clerk and duly authenticated; the City Clerk shall
also cause to be administered to each person elected, the Oath of
Office prescribed in the State Constitution of the State of Cali-
fornia and shall have them subscribe thereto and file the same in
the office of the City Clerk. Whereupon, each and all of said
persons so elected shall be inducted into the respective office
to which they have been elected.
10. That the City Clerk shall certify to the passage and
adoption of this resolution; shall enter the same in the book of
original Resolutions of said City; and shall make a minute of the
passage and adoption thereof in the records of the proceedings of
the City Council of said City, in the minutes of the meeting at
which the same was passed and adopted.
PASSED AND ADOPTED by the Morro Bay City Council at a spe-
cial meeting thereof held on the 8th day of December, 1988 on the
following vote:
AYES: Donnelly, Lemons, Odell, Sheetz, Reddell
NOES: None
ABSENT: None
�-- DALE REDDELL, Mayor
ATTEST:
ARD TH DAVIS, City Clerk
0
CERTIFICATE OF COUNTY CLERK
RESULTS OF CANVASS OF ALL VOTES CAST AT THE
GENERAL ELECTION
NOVEMBER 8, 1988
CITY OF MORRO BAY
COUNTY OF SAN LUIS OBISPO )
STATE OF CALIFORNIA ) ss.
I, FRANCIS M. COONEY, County Clerk -Recorder of the County
of San Luis Obispo, do hereby certify that pursuant to law, I
did canvass the returns of the votes cast at said General Election
held on November 8, 1988, in the City of Morro Bay, and that a
xerox copy of the Statement of Votes Cast (the original of which
is on file in the Office of the County Clerk -Recorder) to which
this certificate is attached, shows the number of votes cast in
said City for and against each candidate for the Office of Mayor
and for Member of the City Council, and that the totals shown for
and against each candidate for the Office of Mayor and for Member
of the City Council in said City, and in each of the respective
precincts therein, are full, true and correct.
WITNESS, my hand and Official Seal this 6 day of
FRAN IM. COONEY, Co ty Clerk -Recorder
L
CERTIFICATE OF COUNTY CLERK
RESULTS OF CANVASS OF ALL VOTES CAST AT THE
GENERAL ELECTION
NOVEMBER 8, 1988
CITY OF MORRO BAY MEASURE "A"
COUNTY OF SAN LUIS OBISPO ) ss.
STATE OF CALIFORNIA )
I, FRANCIS M. COONEY, County Clerk -Recorder of the County
of San Luis Obispo, do hereby certify that pursuant to law, I
did canvass the returns of the votes cast at said General Election
held on November 8, 1988, in the City of Morro Bay, and that a
xerox copy of the Statement of Votes Cast (the original of which
is on file in the Office of the County Clerk -Recorder) to which
this certificate is attached, shows the number of votes cast in
said City for and against said Measure "A", and that the totals
shown for and against said Measure "A" in said City, and in each
of the respective precincts therein, are full, true and correct.
MEASURE "A": "Shall an Ordinance be enacted entitled
An Ordinance of the City of Morro Bay to
amend various sections of Title 5 of the
Morro Bay Municipal Code, relating to
Business License Tax Rates and authorizing
automatic annual adjustments commencing
June 30, 1986?
WITNESS, my hand and Official Seal this b day of
FRAN� COONEY, C nt Clerk -Recorder
0
CERTIFICATE OF COUNTY CLERK
RESULTS OF CANVASS OF ALL VOTES CAST AT THE
GENERAL ELECTION
NOVEMBER 8, 1988
CITY OF MORRO BAY MEASURE "B"
COUNTY OF SAN LUIS OBISPO ) ss.
STATE OF CALIFORNIA )
I, FRANCIS M. COONEY, County Clerk -Recorder of the County
of San Luis Obispo, do hereby certify that pursuant to law, I
did canvass the returns of the votes cast at said General Election
held on November 8, 1988, in the City of Morro Bay, and that a
xerox copy of the Statement of Votes Cast (the original of which
is on file in the Office of the County Clerk -Recorder) to which
this certificate is attached, shows the number of votes cast in
said City for and against said Measure "B", and that the totals
shown for and against said Measure "B" in said City, and in each
of the respective precincts therein, are full, true and correct.
MEASURE "B": "Shall an initiative be enacted amending
the Morro Bay Land Use Plan and Applicable
Zoning Ordinances to establish affordable
senior housing density bonuses and other
incentives?
WITNESS, my hand and Official Seal this & day of
A. s,...., h.tn/ , 1988.
FRANCIS M. COONEY, Cou lerk-Recorder
P
L7
CERTIFICATE OF COUNTY CLERK
RESULTS OF CANVASS OF ALL VOTES CAST AT THE
GENERAL ELECTION
NOVEMBER 8, 1988
CITY OF MORRO BAY MEASURE "C"
COUNTY OF SAN LUIS OBISPO )
STATE OF CALIFORNIA ) ss.
I, FRANCIS M. COONEY, County Clerk -Recorder of the County
of San Luis Obispo, do hereby certify that pursuant to law, I
did canvass the returns of the votes cast at said General Election
held on November 8, 1988, in the City of Morro Bay, and that a
xerox copy of the Statement of Votes Cast (the original of which
is on file in the Office of the County Clerk -Recorder) to which
this certificate is attached, shows the number of votes cast in
said City for and against said Measure "C", and that the totals
shown for and against said Measure "C" in said City, and in each
of the respective precincts therein, are full, true and correct.
MEASURE "C": "Shall Chapter 17.50 of the Municipal Code
which creates and grants affordable housing
density bonuses and incentives be amended
to prohibit future repeal or amendment of
said Chapter 17.50, without a vote of the
people?
WITNESS, my hand and Official Seal this day of
1988.
FRACIS M. OONEY, C`c Clerk -Recorder
0
CERTIFICATE OF COUNTY CLERK
RESULTS OF CANVASS OF ALL VOTES CAST AT THE
GENERAL ELECTION
NOVEMBER 8, 1988
CITY OF MORRO BAY MEASURE "D"
COUNTY OF SAN LUIS OBISPO )
STATE OF CALIFORNIA ) SS.
I, FRANCIS M. COONEY, County Clerk -Recorder of the County
of San Luis Obispo, do hereby certify that pursuant to law, I
did canvass the returns of the votes cast at said General Election
held on November 8, 1988, in the City of Morro Bay, and that a
xerox copy of the Statement of Votes Cast (the original of which
is on file in the Office of the County Clerk -Recorder) to which
this certificate is attached, shows the number of votes cast in
said City for and against said Measure "D", and that the totals
shown for and against said Measure "D" in said City, and in each
of the respective precincts therein, are full, true and correct.
MEASURE "D": "Shall an Ordinance be enacted to rezone
the "Piney Way Village" Property from R-2
Multi -Family Residential to C-1 District
Commercial?
WITNESS, my hand and Official Seal this day of
[Gsy. . 1988.
FRAN IS M. CONEY, C nt Clerk -Recorder
CERTIFICATE OF COUNTY CLERK
RESULTS OF CANVASS OF ALL VOTES CAST AT THE
GENERAL ELECTION
NOVEMBER 8, 1988
CITY OF MORRO BAY MEASURE "E"
COUNTY OF SAN LUIS OBISPO )
STATE OF CALIFORNIA ) ss.
I, FRANCIS M. COONEY, County Clerk -Recorder of the County
of San Luis Obispo, do hereby certify that pursuant to law, I
did canvass the returns of the votes cast at said General Election
held on November 8, 1988, in the City of Morro Bay, and that a
xerox copy of the Statement of Votes Cast (the original of which
is on file in the Office of the County Clerk -Recorder) to which
this certificate is attached, shows the number of votes cast in
said City for and against said Measure "E", and that the totals
shown for and against said Measure "E" in said City, and in each
of the respective precincts therein, are full, true and correct.
MEASURE "E": "Shall an Ordinance be enacted to prohibit
placing a gazebo in Morro Bay "City" Park
and to require any gazebo in Morro Bay "City"
Park removed?
WITNESS,, my hand and Official Seal this 6 day of
, 1988.
F C S M. C ONEY, Co ty Clerk -Recorder
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RESOLUTION NO. 139-88
A RESOLUTION OF THE CITY COUNCIL
OF.THE CITY OF MORRO BAY, CALIFORNIA
APPROVING A SPECIAL EVENT USE OF
THE HARBOR FOR THE LIGHTED BOAT PARADE
T H E C I T Y C O U N C I L
City of Morro Bay, California
WHEREAS, the Morro Bay Municipal Code requires the City
Council to approve of and authorize all special events held in
the harbor; and,
WHEREAS, the City will be sponsoring the Annual Lighted Boat
Parade on December 11, 1988 starting at 6:30 p.m.; and,
WHEREAS, the City Council has reviewed the aforementioned
special event and finds that adequate insurance is provided by
the City and the event will not interfere with reasonable use of
the harbor for a period of more than four (4) hours.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the
City of Morro Bay approves of the special event use of the harbor
for the Lighted Boat Parade on December 11, 1988.
BE IT FURTHER RESOLVED by the City Council that the City
Administrator is authorized to issue Public Area Use Permit No.
313 for the Lighted Boat Parade.
PASSED AND ADOPTED by the City Council of the City of Morro
Bay at a regular meeting held on this 28th day of November, 1988
by the following roll call vote:
AYES: Donnelly, Lemons, Odell, Sheetz, Reddell
NOES: None
ABSENT: None
ATTEST:
ARDITH DAVIS
CITY CLERK
"D7=REDDFELL-
MAYOR
7
41
RESOLUTION #137-88
Resolution Establishing Parking In -Lieu Fee
T H E C I T Y O F M O R R O B A Y
City of Morro Bay, California
WHEREAS, the City Council adopted a Parking Management Plan
on October 10, 1988, and pursuant to said Parking Management Plan,
Ordinance #337 was adopted on October 24, 1988, which authorizes
the establishment of Parking In -Lieu Fees by Resolution of the
Council; and
WHEREAS, in compliance with policy #2.08 of the Land Use
Plan of the Local Coastal Plan, and Ordinance No. 337, the City
Council does hereby consider and estimate an amount necessary to
provide parking including planning, design, land acquisition or
lease and construction of improvements; and
WHEREAS, the City Council recognizes that payment of total
costs at one time would exceed an amount the typical business or
new development could afford; and
WHEREAS, the parking in -lieu fee is but a portion of the
Parking Management Plan as the establishment of a parking district
including assessments is also anticipated, which includes
assessments that constitute a portion of any developers' parking
program; and
WHEREAS, Council shall ensure, over the long term, the full
cost of off -site parking spaces shall be paid by each entity
utilizing the in -lieu fee, through participation in a parking
assessment district which shall obligate each participant to any
additional cost thereof.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Morro Bay, that the Parking In -Lieu Fee of $4,000 per
space is hereby established.
PASSED AND ADOPTED by the City Council of the City of Morro
Bay at a regular meeting held thereof this 28th day of November,
1988, by the following roll call vote:
AYES: Donnelly, Lemons, Odell, Sheetz, Reddell
NOES: None
ABSENT: None
Qoo
DALE REDDELL, Mayor
ATTEST:
ARDITH DAVIS, City Clerk
6
CITY COUNCIL RESOLUTION NO. 138-88
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MORRO BAY, CALIFORNIA, ANNOUNCING FINDINGS AND
GRANTING AN APPEAL OF THE PLANNING COMMISSION'S
DENIAL OF CONDITIONAL USE PERMIT 23-88
AND COASTAL DEVELOPMENT PERMIT 69-88R TO ALLOW A
TWO-STORY COMMERCIAL BUILDING ON THE EMBARCADERO
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, on the 5th and 18th days of July, and the 15th day of
August, 1988, held duly noticed PUBLIC HEARINGS to consider the
requests for a Conditional Use Permit and Coastal Development Permit
by Ralph and Shirley Gunther to allow a two-story commercial building
on the Embarcadero located west of the Blue Sail Inn and adjacent to
Harada's Restaurant, in the VS-C/PD/S.4 zone, more particularly
described as:
APN 66-321-04
Parcels 34 & 35, 32-PM-10
City of Morro Bay
County of San Luis Obispo
State of California
WHEREAS, the City of Morro Bay Planning Commission continued said
request and PUBLIC HEARING to the 6th day of September, 1988, at which
time the request was denied without prejudice;
WHEREAS, the applicant made a timely appeal of the denial to the
City Council which conducted duly noticed PUBLIC HEARINGS to consider
the appeal on September 26th, October 24th, November 14th, and
November 28th;
WHEREAS, at the PUBLIC HEARING of November 28th, after
considering the Environmental Coordinator's recommendation that a
Negative Declaration be adopted and filed pursuant to CEQA, and after
receiving the testimony both written and oral, of all persons wishing
to testify, and after considering the impact analysis report on
traffic from the applicant's traffic engineer, and after considering
the view analysis summary by the Community Development Director, the
City Council did find that the proposed project will not have a
significant adverse impact on the environment and approves the
adoption and filing of a Negative Declaration;
WHEREAS, at said PUBLIC HEARING, after considering the staff
report and the arguments of all persons, if any, wishing to testify,
the City Council did find the following facts and reasons to justify
their action in this matter:
0
City Council Resolution No. 138-88
Page Two
1. That the subject project is consistent with the certified Local
Coastal Plan and applicable provisions of the certified
implementing ordinances;
2. In accordance with the provisions of Morro Bay Municipal Code
(MBMC) Section 17.36, the proposed project qualifies as a Planned
Development project and may vary from the normal standards of the
base zoning district concerning yard setbacks and sidewalks
because the project provides extraordinary public benefits
including outstanding architectural design, unusual levels of
public access via a landscaped rooftop observation deck, and off -
site improvements to the existing narrow public sidewalk on the
Embarcadero;
3. That the subject project will not be detrimental to the health,
safety, comfort and general welfare of the persons residing or
working in the neighborhood;
4. That the conditions of approval will ensure that the subject
project will not be injurious or detrimental to property and
improvements in the neighborhood or the general welfare of the
City.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City
of Morro Bay, as follows:
1. That the above recitations are true and correct and constitute
the findings of the Council on this matter; and
2. That the City Council does hereby approve Case Nos. CUP 23-88/CDP
69-88R, subject to the conditions attached hereto and made a part
of this resolution.
PASSED, APPROVED, AND ADOPTED, by the City Council of the City of
Morro Bay, at a regular meeting held thereof on the 28th day of
November, 1988, by the following roll call vote:
AYES: Donnelly, Lemons,'Reddell
NOES: Odell, Sheetz
ABSENT: None
ATTEST:
---------------
ARDITH DAVIS, City Clerk
i
- - --- ----- ------
A E REDDELL, Mayor
CONDITIONS OF APPROVAL
Case No. CUP 23-88/CDP 69-88R
STANDARD CONDITIONS
1. This Conditional Use Permit/Coastal Development Permit is
granted for the land described in the application and any
attachments thereto, and as shown on the exhibits attached,
and on file with the Community Development Department. The
locations of all buildings and other features shall be
located and designed substantially as shown on the
aforementioned exhibits, unless otherwise specified herein.
2. Unless the construction or operation of the structure or
facility is commenced not later than one (1) year after the
effective date of this approval and is diligently pursued
thereafter, this approval will automatically become null and
void; provided, however, that upon the written request of
the applicant, prior to the expiration of this approval, an
extension for not more than one (1) additional year may be
granted by the Community Development Director, upon finding
that the project complies with all applicable provisions of
the Morro Bay Municipal Code in effect at the time of the
extension request.
3. Any minor change may be approved by the 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
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 Community Development Director and/or as
authorized by the Planning Commission. Failure to comply
with these conditions shall render this entitlement null and
void. Continuation of the use without a valid entitlement
will constitute a violation of the Morro Bay Municipal Code
and is a misdemeanor.
Conditions of Approval
CUP 23-88/CDP 69-88R
Page Two
SPECIAL CONDITIONS
7. Applicant shall submit, prior to building permit approval,
estimates of water supply requirement for domestic and fire -
flow purposes so staff may determine if the existing water
system can provide the required flows. Prior to final
occupancy approval, any improvements to the water system
required as a result of this project, including additional
fire hydrants, shall be constructed by the applicant at no
cost to the City.
8. Applicant shall submit, prior to building permit approval,
estimates of sewer system demand so staff may determine if
the existing sewer system is adequate to serve the proposed
project. Any improvements to the sewer system required as a
result of this project shall be constructed by the applicant
at no cost to the City, prior to final occupancy approval.
9. Applicant shall install, prior to final occupancy approval,
handicap ramps and construct driveways and sidewalks in the
public right-of-way as shown on the site plan (Exhibit "A")
in accordance with City Standard Drawings and Specifications
at no cost to the City:hesidewal '--Tks-ori -tfie Embarcadero
shall be not less than eight (8) feet.
10. Applicant shall provide an off-street loading area on Front
Street by appropriate striping for commercial deliveries.
Applicant shall restrict commercial deliveries to time
outside peak traffic hours.
11. The applicant shall install modifications to existing curbs
and parking spaces in the public right-of-way and shall
provide planting areas as shown on the revised site plan
(Exhibit "A"). All work shall be performed as described in
the traffic report dated November 21, 1988 and attached
hereto as Exhibit "B", and shall be constructed consistent
with City Standard Drawings and Specifications.
12. Applicant shall submit, prior to building plan approval,
detailed engineering drawings of on -site drainage
improvements for the project. This shall include
calculations demonstrating the drainage facilities will be
adequate to pass peak flows from a 25-year storm.
PJ
Conditions of Approval
CUP 23-88/CDP 69-88R
Page Three
13. Street trees shall be provided by the applicant at locations
to be designated by the Public Works Director prior to
occupancy approval.
14. Prior to construction of public improvements, including work
within the public right-of-way, the applicant shall submit
plans to be approved and permits issued by the Department of
Public Works, and will be required to post bonds for 150% of
the estimated cost of construction of all said improvements
and repairs.
15. Fire protection shall be provided as follows:
a. Fire protection impact fees shall be paid to the City
prior to final occupancy approval based upon the
adopted Fire Master Plan and consistent with any
approved impact fee schedule in effect at the time.
b. Building plans shall include the following provisions
concerning fire protection and shall be approved by the
Fire Chief prior to issuance of the building permit:
- provide standard pipe system to second floor as
approved by the Fire Chief;
- provide fire extinguishers as approved by the Fire
Chief throughout the complex;
- provide fire sprinkler system to NFPA 13
standards;
- wood shake or wood shingles shall not be
permitted;
- all elevators shall be at least 80 inches
diagonal.
16. Parking requirements estimated at approximately 63 spaces
shall be met through a combination of on -site parking and
the payment to the City of in -lieu parking fees. It is
anticipated that approximately 25 spaces will be provided
on -site, with the balance of 38 spaces being provided
through in -lieu fees.
Prior to occupancy approval, the exact number of parking
spaces required for the project shall be calculated by the
Community Development Director and in accordance with Morro
Bay Municipal Code Chapter 17.44 provided, however, that the
modified parking standards contained in the Circulation
Element of the General Plan shall be used in the
calculations. The remaining parking requirement shall be
Conditions of Approval
CUP 23-88/CDP 69-88R
Page Four
met by payment to the City prior to occupancy approval of an
in -lieu fee of four thousand dollars ($4,000.00) for each
required space. Further the applicant must sign a written
agreement to be bound by, to participate in and to waive the
right to protest any area -wide parking management district
or special assessment district for parking created or formed
in the future by the City. A parking agreement as approved
by the City Attorney shall be executed by applicant with the
City containing these conditions and agreements prior to the
approval of applicant's building plans.
17. The approved project design shall be as shown in Exhibit
"A". The maximum height for all structures shall be as
follows: top of the elevator structure - thirty (30) feet;
top of the parapet - twenty four (24) feet; top of the
railing on the parapet - twenty six (26) feet.
18. Permanent public access shall be maintained to and upon the
rooftop observation deck. This public access shall be
identified by signs and made available for public use at all
times and shall be maintained in a safe condition at no cost
to the City. Formal agreements securing such public access
shall be approved by the City and signed by the applicant
prior to final building occupancy approval. Public access
not to be dedicated to or assumed by the City. The
applicant will maintain at all times liability insurance in
an amount determined and approved by the City naming the
City as an insured on the policy, and the applicant shall
indemnify and hold the City harmless from any and all
claims, damages, injuries, or awards or other liabilities
arising from public access and use of the area.
19. Detailed plans for landscaping, signing, exterior building
materials and colors, lighting, trash enclosures, benches
and seating, railings and any other exterior improvements
shall submitted prior to building plan approval, and shall
be approved by the Community Development Director.
20. Applicant shall obtain a sign permit prior to the
installation of any signs on the site.
0
Conditions of Approval
CUP 23-88/CDP 69-88R
Page Five
21. Water saving devices shall be required throughout the
project and shall be approved by the Chief Building
Inspector.
22. Applicant shall obtain, prior to issuance of building
permits, any necessary water awards and approvals of water
equivalencies by the City.
23. All on -site utility service and distribution lines shall be
installed underground.
24. If any private improvements are proposed in the public
right-of-way, special encroachment permits from the City
shall be obtained prior to issuance of building permits.
25. The applicant shall enter into a binding agreement, on a
form prepared by the City, to defend, indemnify, or hold
harmless the City, its agents, officers, and employees, from
any claim, action, or proceeding against the City as a
result of the action or inaction by the City, or from any
claim to attack, set aside, void, or annul an approval by
the City of the applicant's project.
L.
EXHIO B-TRAFFIC REPORT 41
"THE MARKET"
TRAFFIC IMPACT ANALYSIS
MORRO BAY, CALIFORNIA
Prepared for:
MR. RALPH GUNTHER
Prepared by:
NORTH COAST ENGINEERING, INC.
John R. McCarthy
Registered Traffic Engineer #1111
F IV Eo
N�V 21 tig68
DEVMC�Y DFDMO RD BKY Pu DRKS
0
"THE MARKET"
TRAFFIC IMPACT ANALYSIS
TABLE OF CONTENTS
I. PROJECT OVERVIEW
A) Project Location
B) Project Access
II. TRAFFIC GENERATION
III. TRIP DISTRIBUTION
IV. TRAFFIC IMPACTS AND MITIGATION MEASURES
A) Embarcadero and Harbor
B) Harbor and Front Street
C) Front and Embarcadero
D) Embarcadero Street Parking
V. SUMMARY AND CONCLUSIONS
VI. APPENDIX
I.
PROJECT OVERVIEW
The proposed project "The Market" is located at the south-
east corner of Harbor and Embarcadero streets. Front Street
is a one way street which borders the project on the east
side. The area to be developed is vacant and approximately
one-third of an acre, see Exhibit 1.
The design of the proposed building consists of a two story
structure with the top floor being an observation area/roof
garden. The first story will consist of 2270 square feet of
retail commercial space. The second story will contain a
restaurant and an international market place of prepared
dishes and handicrafts, see Exhibit 2.
The project will front on Embarcadero Street which is the
front orientation of the building.. Parking is provided in
the rear with a proposed entrance off Harbor Street and an
exit onto Front - There is existing parallel parking on
Front Street and Embarcadero as well as Harbor. Some of the
parking will require modification to accommodate this
project.
The major access routes to the site will be from Embarcaderb
Street which is the main north -south road parallel to the
ocean front property and Harbor Street which connects to
Main Street and downtown.
This analysis will review the estimated project trip genera-
tion, the impacts of the traffic on the surrounding streets
and intersections and suggest mitigation measures that
should be considered.
II. TRAFFIC GENERATION
Estima.ted trip generation for this project is based on the
Institute of Transportation Engineers "Trip Generation
Manual" 4th edition, and the San Diego Association of Gov-
ernments "Guide to Vehicular Traffic Generation Rates".
These sources are commonly used references for determination
of trip generation.
Table I shows the general types of uses proposed in this
project. The corresponding trip generation rates and pre-
liminary estimated trip generation per day are also shown in
the table.
The numbers shown in Table I are representative of the
project as if it was a "stand alone" facility and do not
take into account the effect of the project's unique loca-
tion in one of the major tourist attraction areas of the
Central Coast. The entire Embarcadero area actually func-
r t
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N, r k / NORTH COAST ENGlNEERlNG !NG EXHIBIT 1
fro^•••-v •,�.a s,..•.-v • rrr•a o...wo--.•.,
715 24th Street., Suite U LOCATION MAP
Paco Robles, CA 9344G '
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715 24th Street, Suite O
Paso Robles, CA 93446
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EXHIBIT 2
PROJECT PLAN
tions, from a �ffic viewpoint, more like large shopping
center or mall plex. Visitors often pain one area
then stroll down the streets leisurely entering a multitude
of shops. So, it can be reasoned, that not all trips gener-
ated to a specific site in this area will be vehicular trips
but some will be walking trips.
PROPOSED USE
TABLE 1
PRELIMINARY TRIP GENERATION
TRIP GENERATION
RATE/WEEKDAY
Retail commercial shops 40 Trips/1000 GSF
1st floor, 2270 s.f.
Restaurant 200/1000 GSF
high turnover, 2690 s.f.
International Market
Place, 8,465 s.f.
4232 S.F. - Food oriented 200/1000 GSF
4232 S.F. - Commercial
shop oriented 40/1000 GSF
Since this is a multi use development
decrease by 25% (see "Trip Generation
Manual") 1544 r. 0.25 =
ESTIMATED "NET" TRIP GENERATION =
ESTIMATED TRIP
ENDS
91
538
846
169
1644
411
1,233
Trip ends are the totalofall trips entering plus all trips
leaving the project.
Due to the unique nature of the Embarcadero area, the trip
generation rate would be more in line with the generation
rates of larger shopping centers. Review of the Institute
of Transportation Engineers Trip Generation Manual" shows
the rate is substantially lower on a square foot basis for a
large center than those developed in Table 1.
A Table 2 has been calculated to show a more realistic
traffic generation expected for this project based upon the
unique characteristics of the Morro Bay Harbor area. We
feel that Table 2 represents a better estimate of the ex-
pected traffic this project will generate.
• TABLE 2 •
EXPECTED PROJECT TRIP GENERATION
TRIP GENERATION ESTIMATED TRIP
PROPOSED USE RATE/WEEKDAY ENDS
13,424 GSF Retail 58.93/1000 gsf 791
Commercial, restaurant 544 veh. trips)
and food establishments
(in the context of a much larger "shopping center")
A.M. Peak Hour 1.32 18 trips/hr.
(1 hour between 7-9 A.M.) 60 trips/hr.
P.M. Peak Hour 4.49
It can be seen that the application of the larger center concept
reduces the expected trips from 1233 to 791. Of the 791 expected
trips to and from the project site, only a portion of these trips
will be vehicular trips. We estimate that 30 percent of the
trips will be non -vehicular, and will be primarily walking trips.
Therefore the number of actual vehicle trips will be 70 percent
of 791 or 554 vehicle trips/day.
It is a documented fact that shopping center traffic will be
higher on the weekend than on a typical weekday. The average
across the United States is a 13 to 30 percent increase over the
weekday average volume. Using traffic volume figures supplied by
the City of Morro Bay engineering department, Morro Bay experi-
ences a slightly higher weekend increase, about 40 percent of the
average weekday volume. Applying this factor, Table 3 shows the
results of the expected Saturday (peak day of the week) trip
generation if the project were constructed.
TABLE 3
ESTIMATE PROJECT SATURDAY TRIP GENERATION
(PEAK DAY)
Average Weekday Trip
Generation = 791
Average Saturday Trip
Generation = 791 x 1.4=
1,107 (based on a 40%
increase as documented
by the City Traffic
Courts)
(70%) Estimated Vehicle Trip Ends = 554
(30%) Estimated Walking Trip Ends = 237
Estimated Vehicle Trip Ends = 1,107 x
0.7 = 774
It can be seen from 1Wle 3, that there is an i*ase of 221
trip ends that can be expected on a typical Saturday versus an
average weekday. Therefore, to properly examine the worst case
impacts from the proposed project, the higher Saturday number
will be used.
III. TRIP DISTRIBUTION
The only vehicular access for the project parking lot, is a
proposed one way driveway off Harbor, between Embarcadero
and Front Street. The only exit will be a driveway onto
Front Street. It is estimated that 70 percent of the
vehicular traffic entering the site will come by way of
Embarcadero and 30 percent will utilize Harbor from the
east. Table 4 shows the estimated vehicular entering and
exiting traffic volumes based upon the above traffic dis-
tribution percentages.
TABLE 4
ESTIMATED VEHICULAR TRAFFIC DISTRIBUTION
*(PEAK DAY)
Total Estimated
vehicular
Trips = 774
ENTERING PROJECT:
From Embarcadero
From Harbor (east)
LEAVING PROJECT:
To Embarcadero Via
Front
387 Entering,
387 Leaving
PEAK HOURS
387
x
.70
= 271
veh/day
9
veh.
387
x
.30
= 116
veh/day
4
veh.
387 veh/day 42 veh.
* The peak day of the week is Saturday, see Table 3.
IV. INTERSECTION IMPACTS AND MITIGATION MEASURES
Existing traffic count data was obtained from the City
Morro Bay Engineering Department. Exhibit 3 shows the
existing traffic counts on Embarcadero and Harbor with
average daily weekday volumes, average weekend volumes
peak hour volumes for both. No Front Street data was
of
and
avail-
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So(�rce:
CI7Y Ccuum '(ukth (n 1987 a.d 1964
( = PEAK HOUR
NORTH COAST fNGI!lEERING, !NG EXHIBIT 3
71524th9ueet,Suite o EXISTING TRAFFIC
Paso Robles, CA 93446
. ' (11051 Z19�3177 . .
able. The aver volume differential of a oximately 40
percent from weWdays to weekends should be ted on Embar-
cadero. This differential was verified with other similar
location counts along Embarcadero.
Exhibit "4" shows the expected traffic to and from the
proposed project for typical weekends. How these numbers
were developed was discussed in the trip distribution sec-
tion of the report. Exhibit 115" shows the project traffic
added to the existing traffic for combined totals for week-
days and weekends.
The project is estimated to increase the Embarcadero weekend
daily traffic only 4 percent and the Harbor Street traffic
would be increased 4.2 percent. Front Street will have
considerably more traffic since all of the new project
traffic will use this route. The overall impact of this
project on the total traffic volumes in the area will be
minimum. However, there are traffic mitigation measures
which need to be undertaken to accommodate the traffic
movements from this project. These measures are listed by
intersection in the following paragraphs.
A) Embarcadero and Harbor
This intersection currently has through traffic on
Embarcadero and a stop sign on Harbor. Each street has
on street parking on both sides. The peak hour volumes
do not yet warrant consideration of a traffic signal.
All way stop signs are not warranted unless the City
starts to experience a severe accident problem. Low
speeds have kept accidents to a minimum according to the
City. An all way stop would serve only to decrease the
capacity of Embarcadero.
All street parking on Harbor, adjacent to the proposed
project should be eliminated. This will allow easier
turning movements both left from Embarcadero and will
help to provide a "storage" area for vehicles wanting to
enter the project parking lot.
Proper intersection sight distance for 25 mph speeds
requires that parking should be prohibited for a dis-
tance of 25 feet on the east side of Embarcadero, south
of Harbor. Landscape islands which would protrude past
the existing curbs lines would not be recommended. The
total street widths should remain available for vehicle
maneuvers.
B) HARBOR AND FRONT STREET
Front Street, which is one way southerly, will need to
function as a loading area for the project since none is
provided on site. Due to this fact, the curb return at
the northeast corner of the property should be rebuilt
a- t;
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PEAK 40UP,
Ze�MORM COAST ENGINEERING, INC EXHIBIT 4
71SzetLStreet, Suite 0 PROJECT TRAFFIC
Paw Roblcs, CA 934"
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2No(o Ave. wEEK
(3t9) WEEKEutSs
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= PEAK VAOU.R
NORTH COAST ENGINEERING, WC EXHIBIT 5
715 zeth street, suite o COMBINED TRAFFIC
Paso Roblm CA 9344G
tsmusatn
C)
D)
with a 25 t minimum curb radius to commodate large
truck turn Also, the street parking yout will need
revision due to the loading area restrictions. The City
has contemplated parking changes on the east side of
Front Street and parking on the
west side may need to change to be compatible. Parking
on the west side of Front Street at the project exit
should also be prohibited for a distance of 25 feet
north of the exit driveway.
FRONT AND EMBARCADERO
Front Street is one way and narrows to a width of 15
feet at it's intersection with Embarcadero. Peak hour
traffic volumes and vehicle delay should be monitored at
this location. A widening of 10 feet in the future may
be needed to accommodate peak hour traffic exiting Front
Street. The situation will become progressively worse
as the traffic volumes on Embarcadero continue to in-
crease. The ten foot width increase will provide for
two lanes exiting Front Street and thereby eliminate the
possibility of a left turning.vehicle holding up vehi-
cles wanting to turn right onto Embarcadero.
The exiting walkway and fire hydrant red curb, provide
adequate'site distance northerly, but the one parking
space south of Front Street should be eliminated to
provide better sight distance.
EMBARCADERO STREET PARKING
There are currently 9 marked spaces on the east side of
Embarcadero from Harbor to Front. There are also two
driveways which will be eliminated under the proposed
project layout. These areas should each convert to a
new parking space available for public use although one
space on Embarcadero at Harbor will be lost due to site
distance requirements.
V. SUMMARY AND CONCLUSIONS
The proposed project is a combined commercial retail, res-
taurant; and international market place. It is located in
the center of the Morro Bay embarcadero area and thereby
must be designed to minimize the traffic impacts of site
development.
The existing traffic volumes around the site are not cur-
rently at a level to consider signalization at any intersec-
tion. The additional traffic by the proposed project will
not create the need for signalization. The unbalanced
traffic volumes on Embarcadero and Harbor do not lend them-
selves to all way stops and they should not be considered
unless a serious accident situation develops. The current
street system has the capacity to handle the additional
traffic from t project. •
Elimination of some existing parking spaces needs to occur
on Harbor, Embarcadero and Front streets to provide proper
sight distance and maneuvering room for vehicles entering or
leaving the site. Repainting of parking spaces will also be
necessary on Embarcadero and Front.
The existing width of Front Street is adequate to handle
this projects traffic but the City should monitor intersec-
tion delay as Embarcadero traffic increases. Widening of
Front Street on the south leg may someday be required to
obtain an additional turn lane.
The curb return at the north east corner of the site should
be modified to provide an appropriate radius to handle the
delivery trucks to the project.
a�'
JAMES H_ MAUL.4SSOCIATES, IN% A.1_A_
h-. architecture
Mr. Bill Ferrel
C omm unity D evel o pm ant Director
City of Morro Bay
Morro Bay, CA93442
14ovember 17, 1988
Construction ;.,biziL :;tin.
Re: Proposed Operation of Second Floor -Market" SpeceandAdditional Public Benefit Proposals
for the Gunther Project
Operation of "Market"
The space in question covers atotal area of 8465 square feet, of which 6701 square feet is devoted to
seles stands and storage rooms, and 1764square feet tovisitorrelaxation.
We have in the past referred to this area as a"Farmer's Market", which can be interpreted as a situation
wherein various producers of foodstuffs bring their produce, food and handicrafts to amarket place where
they themselves do the selling. Thisisnotthecase.
Mr.Guntherwill,,Whemployees, operate the market himself. The merchendisewillconsist ofsome
handicrafts and some packaged unprepared gourmet foods, suchas;wild rice, herbelteas, exotic
pastas, special dressings, and sauces, etc. Perhaps one half of the stands, however, wills ell prepared
foodsto.gowRhanintemationalflavorLe. Mexican, Italian, Scottish, The), German, etc: ThlsfoodvAtl
receive initial preparation in the restaurant's kitchen in the morning hours, then completed al the various
stands. Customers will purchase an item or items, then some will go elsewhere to consumeitfthem,
while some will relax on one of five circular benches provided. Food will be served inthrowewey
conteinem (we will provideampieI=hconteinemand"pleasedanotHit er.,signs)requiringwateruse
only in t h e restaurant kitc h an.
Parkin g re uirem ent had b e an fi gure d on a total area divi d e d by a 250 s q uare f o of basis whit ti cam e t o
8751 divided by250= 35. 0ur3pacecalculation3 differslighilly Io vit: 8464 divided by250= 34. If we
Instead, use the actual areacontaining the stands of 6301 sq. ft. divided by 250 sq. ft, we come up with 27
spaces to which we add the (5) 22 linearfoot circular bench3 for seating al 2 feet 6 inches per person. (2'
-6"rat herthen 2'asperord. becausethecircularIorrnrequirestheadditione] 6") 2212,5x5-44peopie
divided by one car per four people = 11 s pac: es f or ai otal of 38. This adds three (3) spaces to the overall
projectoriginalrequirementof63spaces(or 2spacesifourarea figuresare correct), however, our
ground f)oorretail speed has been reduced from 2405 square feet to 2270 square f eet, which reduces
that parking by one (1) space.
We, thereforacome out-vAthaL net.gain of one(l) or two (2) spaces (see above). Eventhisgeinis
arguable slnce we don't really know If the five benches -which were In the original planning -will be used
more or less with the above described use than with the originally perceived "Farner's Market". We
believe that with the reduction of one space forthe ground floorelong with the possibility of aslightly
more concentrated use of the benchesarguesfairly forapush.
Public Benefits
In addition to providing a public park end viewing station on the roof and a reduction in height from 30' to
24' at the top of the roof parapet, we propose to install anewcurb end gutter, and plant areas with trees
tothe north and southerly ends of Front Street on both sides. We will re -paint the parking space lines to
conf arm with the traffic study by North Coast Engineering, which Incidentally, achieves the same number
571 EMBARCADERO 13 MORRO BAY, CALIFORNIA 93442 0 805/772-8885
ofpub8cspaces now eAstingevenwkhthe added plant areas. Wewilledsolnstellahendleap.mmpetthe
north east comer of Harbor and Front, four planters along the Embarcad ero frontage, an d a wid ening t o
8' of the sidewalk on the Embarcadero, beyond our propertye)dending north from Front St. approb-
met ely 67 so that the entire Embmad ero frontage from Harbor St. to Front St. will have a si d ewelk with a
width no less than eight (8) feet at any point.
.Sincerely,
f
James H. Maul
For Ralphand ShlrleyGunther
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RESOLUTION NO. 136-88
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY
ORDERING A MEASURE TO ADOPT A SPECIAL TAX FOR EMERGENCY MEDICAL
SERVICES PLACED ON THE BALLOT OF THE NEXT ELECTION CALLED BY THE
CITY COUNCIL OF THE CITY OF MORRO BAY
THE C = = C OUN C = L
CITY OF MORRO BAY, CALIFORNIA
NOW THEREFORE, BE IT RESOLVED, by the City Council of the City of
Morro Bay as follows:
1. The City Council finds and declares as follows:
A. Section 4 of Article XIII A of the California
Constitution authorizes the imposition of a special tax if
approved by a two-thirds vote of the qualified electors of the
City; and
B. The cost to the City to provide emergency medical
services has escalated to such an extent that the general fund is
being depleted at the expense of other necessary services; and
C. It would be in the best interests of the citizens of the
City of Morro Bay for the Morro Bay Fire Department to provide
certain emergency medical services including but not limited to
upgrading EMT-II's to Paramedic's, which services can only be
paid for by the imposition of such a special tax on said
citizens.
2. Based on the above findings, and pursuant to the above cited
Constitutional provisions, a measure to adopt a special tax for
emergency medical services to be provided by the Morro Bay Fire
Department, is hereby ordered placed on the ballot of the next
election called by the City Council of the City of Morro Bay to
read as follows:
RESOLUTION NO. 136 0 •
November 21, 1988
page 2
City of Morro Bay
Measure " "
Shall a Measure be enacted to adopt a special tax to provide
and pay for emergency medical services in the city of Morro Bay?
Yes
No ( )
3. Said measure shall take effect upon approval of two thirds
of the voters voting upon such proposition.
4. The City Council hereby directs the City Attorney to prepare
an impartial analysis of the measure, not to exceed 500 words in
length, showing the effect of the measure on existing law and the
operation of the measure.
PASSED AND ADOPTED by the City Council of the City of Morro
Bay at a regular meeting held thereof on the 28th day of November
1988 by the following roll call vote:
AYES: Donnelly, Lemons, Odell, Sheetz, Reddell
NOES: None
ABSENT: None
�• DDEL'L, Mayor
ATTEST:
LAG%LC/�e%�—d
ARDITH DAVIS, City Clerk
JS:ljh
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FULL TEXT OF MEASURE " "
THE PEOPLE OF THE CITY OF MORRO BAY DO HEREBY ORDAIN AS FOLLOWS:
SECTION 1: The City Council of the City of Morro Bay is
hereby authorized to impose a special tax not to exceed eight
dollars ($8.00) per unit of benefit per year in the first year,
on all real property improvements (except federal, state, or
local governmental agencies) within the City of Morro Bay, for
the purpose of obtaining, furnishing, operating and maintaining
emergency medical service equipment or vehicles, for paying
salaries and benefits to fire fighting personnel, and for other
necessary emergency medical expenses, including upgrading EMT-
II's to Paramedic's within said City.
SECTION 2: The amount of the tax shall be determined
according to the number of units of benefits as set forth below:
Improved Actual Land Use
Maximum
Number
of
Units of
Benefit
Single Family Residence
2.5 Units
($20)
per
dwelling
per year
Condominiums & Townhouses 2.5 Units ($20) per dwelling per year
Duplex, Triplex, Fourplex 2.5 Units ($20) per dwelling per year
Apartments 2 Units ($16) per dwelling per year
Mobile home 2 Units ($16) per dwelling per year
Commercial 1 Unit ($ 8) per 1000 square feet
or less of structure
Industrial 1 Unit ($ 8) per 1000 square feet
or less of structure
The tax may be increased yearly to reflect annual fluctuations in
the Los Angeles -Long Beach Consumer Price Index - All Urban
Consumers, and in that event may exceed the initial maximum
charge of $8.00 per unit of benefit in subsequent years. The
Consumer Price Index referred to herein is the Consumer Price
Index (all items indexes, all urban consumers) for Los Angeles -
Long Beach - Anaheim, California, complied and published by the
United States Department of Labor, Bureau of Labor Statistics,
1967 Base Year = 100 (hereafter called Index). If the United
FULL TEXT • •
November 21, 1988
page 2
States Department of Labor, Bureau of Labor Statistics, shall
cease to compile and make public the Index as now constituted and
issued, but shall substitute another index in its place, then
said substituted index shall be used in place of the Consumer
Price Index referenced herein. The percentage adjustment for any
given year shall be based upon the average monthly index for
twelve months ending December 31st.
SECTION 3: Subsequent to the end of each fiscal year, but
prior to August loth of the ensuing fiscal year, the City Council
of the City of Morro Bay, at a public hearing, shall determine
the precise amount of the special tax to be levied during the
ensuing fiscal year, provided that such special tax rate shall
not exceed the maximum adjusted amounts as set forth in Sections
1 and 2 hereof.
SECTION 4: The special tax imposed by this ordinance shall
be collected by the San Luis Obispo County Tax Collector at the
same time as, and along with, and shall be subject to the same
penalties as property tax collected by said Tax Collector.
SECTION 5: If any sections, subsection, sentence, phrase or
clause of this ordinance is for any reason held to be invalid,
such decision shall not affect the validity of the remaining
portion of this ordinance. The people of Morro Bay hereby
declare that they have adopted the ordinance and each section,
subsection, sentence, phrase or clause therefore irrespective of
the fact that any one or more sections, subsections, sentences,
phrases or clauses be declared invalid.
JS:ljh
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—(nomwtlo wotar Ea,MU-% Papa Al. � ComonMm er d.0 6obdMdoo)
of
STATE OF CALIFORNIA
DEPARTMENT OF HEALTH
Certified Copy of Resolution No. 135-88
(To accompany application on Form Al)
-Resolved by the.— Cj 5--C- un c i 1_,_
-- —... ...................
(City a —WA bond of trorter or other 9--rolo9 body) ..
of Morro B
tow or county,
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
nPPlig, applicatioi by this—.__ C i. tY.
— ................be made to the State Department of Health, for a permit to
(Clb. tow or ra®ty. atc.)
AFaa.ant moo arm .aadst. what 4--`--'j-11—V J �_ ��Ic-r i L r 14a 1. I UU C1 W1 10 C9 ito
b poi wPaod `-_ _ to rmm.R ow worb. no o "Udol "or1o, to metro o)tentim. or ed(Udo. la
on the Jody Giannini property in the Morro Basin for a temporary emergency supplemental
vorb or .orrrcc. cod .hte nature d Improvement in "A' Fa —rate de5d[ely wore or worse. of m •—
DVtY. kind d wrb o.d or aooddered (n mac)
:municipal water supply for the City of Morro Bay in times of water shortage.
and ryedfr the )ouaty to be ..nod. AdditimJ .beat may be attached. ------
that the_-C-i..t y A d m i o i c t r a toy
(Tft6of.--��- ,) fsaid.—_City Council
(city aouoo'L b-ud of trnt. or otbor `o aroma body)
be and be is hereby authorized and directed to cause the necessary data to be prepared, and investigations to be
made, and in the name of said__..._--_ � - Y_.____•_..__ ...... .... —........ .to sign and file such application with the
(City. town or ownW, etc)
said State Department of Health.
Passed and adopted at a regular meeting of the..... CA ty.... Cp u.n.c i.l ._.._.___._....-----,. -
............................. —
(Gowrnfos body)
ofthe._._�!tY• of Morro Bay ..onthe..._.28th-_. Novemb r-- 88--.
(CIV, town or ooanb. ic) ..------ _• Y
AFm
OFncrwr HMz 5E., DALE REDDELL, Mayor �-
it of Morro Ba
Clerk of saicLC-..Y._... - - - --- Y -- -- — ...._._...... -- . (Ctb. cow or oamty. ata-)..................................
CH rnt ......
peer W~ suppaaa, ram At, ud Cerpaanea or 0a9 sabdhhlm)
STATE OF CALIFORNIA
Application from ....... C i two f Morro B a y
(Hama of mmldpaaty or daa apbdlddoa)
organized under ....... General Law City - July 17, 1964
(Smo ..6M6n aP cW shartv or under caataal law. Or class and dab of loeorpontloo) .^
To the State Department of Health
2151 Berkeley Way
Berkeley, California 94704
Pursuant and subject to all of the te.ms, 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 -------- O.Q.R.S .. r u CL-
101,tili7e an—P1(jStino nrivatPlv_-nwnPrl j,r„rjnatir±.__r•,cr.jj_locntgd
AWlimt cove nun apedfc ny ab t L bloc applied br—.6etbar to oaosOucl nw woeq m use adrtlnt r rrd> m make albr.dom or additlm In
o.rL..i:h-e.s14�Y_Sil.slnnini orQoertv_in lbt-J1(rr(LBasin fnr—&n-apa_rQPn-cy..-temn rary
""des or aorrrces sad abb mho r of forprmmaot in ..odo. En®erate definitely source or aoemss of supply. kind of w Acs wed or coaddered (If knooa)
municipal watersupply for the Cit1
m;;iir 16. loralip• m b w.,v i Additional rho. m" to amrLed.
AFFIX
OFFICIAL. SEAL
HERE
Attest.
�S..fLLLd�
(Slrytun of dad or onrrespwdlna •o6da7 .—...
.dth ut4 ud port ofaoa mki or,)
of Morro Bay'in times of water shortage.
Not
GARY NAPPERz.City Administrator
595 Harbor Street
Morro Bay CA 93442 _`
Nom
Before making application for permit, such action must be authorized by resolution of the governing board, mbttanWy in the
form furnished by the Sate Department of Health (Domestic Water Supplies, Form A2) and a copy of such resolution, duly
certified by the clerk of such board, mutt accompany, the application.
car '�� — -
n
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RESOLUTION No. 134-88
A RESOLUTION REJECTING THE ❑FFERS OF DEDICATION OF PUBLIC
UTILITY EASEMENTS MADE ON PARCEL MAPS MBAL 88-070 AND 072
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 Morr❑ Bay,
California, on the 20th of June 19BB, did approve tentative Maps
MBAL 88-070 and 072; and
WHEREAS, offers ❑f dedication for Public Utility Easements
were made on behalf of the Public on Parcel Maps MBAL 88-070 and
072 for which the City has n❑ need; and
WHEREAS, Section 66g77.1 of the Subdivision Map Act
requires the City t❑ reject any offer of dedication it does not
wish to accept.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Morro Bay, California does reject on behalf ❑f the Public the
offers of dedication for Public Utility Easements made ❑n Parcel
Maps MBAL 88-070 and 072.
PASSED AND ADOPTED by the City Council of the City ❑f Morro
at a regular meeting held thereof on the 28th day of November,
1988, by the following vote:
AYES: Donnelly, Lemons, Odell, Sheetz, Reddell
NOES: None
ABSENT: None
DALE REDDELL, Mayor
atte�st:�,���_�/
ARDITH DAUIS, CITY CLERK
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RESOLUTION NO. 133-88
RESOLUTION APPROVING THE CITY OF MORRO BAY TRANSIT
DEVELOPMENT PLAN, FY 1988/89 - FY 1992/93
THE CITY COUNCIL
City of Morro Bay, California
WHEREAS, the City Council of the City of Morro Bay adopted on
May 9, 1988 Resolution No. 40-88 awarding RFP No. PW88-120 to
JKaplan and Associates, a transit consulting firm, to update the
City of Morro Bay Transit Development Plan (TDP) for the period FY
1988/89 through FY 1992/93; and
WHEREAS, the consultant has prepared said TDP in accordance
with City, State, and Federal statutes and regulations; and
WHEREAS, the City Ad Hoc Transit Committee has reviewed the
proposed TDP and unanimously voted on November 15, 1988 to recommend
to the City Council the approval of said TDP as submitted; and
WHEREAS, the City Planning Commission reviewed said TDP on
November 7, 1988, conducted a public hearing, determined that said
TDP conforms to the City's General Plan and its various elements,
and unanimously voted to recommend to the City Council the approval
of said TDP as submitted; and
WHEREAS, said TDP complies with City objectives, criteria, and
procedures for the implementation of the California Environmental
Quality Act (CEQA); and
WHEREAS, the City Environmental Coordinator has determined
that the adoption and implementation of said TDP will not result in
any significant adverse impact on the environment and therefore
qualifies for the filing of a Negative Declaration for the purposes
of CEQA; and
WHEREAS, the City Council hereby approves said determination by
the City Environmental Coordinator and hereby finds that the
adoption and implementation of said TDP will not result in any
significant adverse impact on the environment and therefore
qualifies for the filing of a Negative Declaration for the purposes
of CEQA; and
WHEREAS, the City Council has conducted a public hearing to
receive public comments regarding said TDP.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Morro Bay as follows:
1. The above recitations are true and correct and constitute the
findings of the City Council in this matter; and
2. The proposed City of Morro Bay Transit Development Plan, FY
1988/89 - FY 1992/93 is hereby approved as submitted.
PASSED AND ADOPTED by the City Council of the City of Morro Bay
at a regular meeting held thereof on the 28th day of
November, 1988 by the following vote:
AYES: Donnelly, Lemons, Odell, Sheetz, Reddell
NOES: None
ABSENT: None
ATTEST:
C I
DALE REDDELL, Mayor
ARDITH DAVIS, City Clerk
RESOLUTION NO. 132-88
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF MORRO BAY, ANNOUNCING FINDINGS AND UPHOLDING
AND APPROVING A CONDITIONAL USE PERMIT (CONCEPT PLAN)
ADDITION TO AN EXISTING LEGAL NON -CONFORMING
T H E C I T Y C 0 U N C I L
City of Morro Bay, California
CASE NO. CUP 44-88 (CONCEPT PLAN)
THE APPEAL
TO ALLOW AN
USE
WHEREAS, the Planning Commission of the City of Morro Bay,
California, on the 19th day of September, 1988 and the 4th day
of October, 1988 held , duly noticed PUBLIC HEARINGS to consider
the request of David Ross for a Conditional Use Permit (Concept
Plan) to allow an addition to a legal non -conforming use for
property located in the CF, PD district at 1245 Embarcadero; more
particularly described as:
APN: 66-351-11
Lease Sites 134, 135, 136, & 137
WHEREAS, said project has complied with the City of Morro
Bay objectives, criteria and procedures for implementation of the
California Environmental Quality Act, (CEQA), in that the project
has been found to be Categorically Exempt and no further
documentation is deemed necessary.
WHEREAS, after said PUBLIC HEARINGS the Planning Commission
did deny the request by adoption of Planning Commission
Resolution No. 68-88; and
WHEREAS, on the 6th day of October, Mr. Ross did appeal the
Planning Commission's action to the City Council; and
WHEREAS, on the 14th day of November, 1988, the City
Council of the City of Morro Bay, California, held a duly noticed
PUBLIC HEARING to consider the appeal; and
WHEREAS, at said PUBLIC HEARING, after considering the staff
report, Planning Commission recommendation and the arguments of
all persons, wishing to testify, the City Council found the
following facts and reasons to justify upholding the appeal and
approval of the Conditional Use Permit:
The use requested is properly one for the CF, PD zone, and
is consistent with the policies and objectives of the Morro
Bay General Plan and Coastal Land Plan; and
0%
6
City Council Resolution No. 132-88
Page Two
2. The establishment, maintenance or operation of the requested
use will not, under the circumstances of this particular
case, be detrimental to the health, safety, comfort and
general welfare of the persons residing or working in the
neighborhood of this proposed use; and
3. The use requested will not be injurious or detrimental to
property and improvements in the neighborhood or the general
welfare of the City.
4. The building enlargement requested does not constitute an
expansion of use and therefore does not violate Measure D.
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 uphold the appeal and approve
of Case No. Conditional Use Permit 44-88 (Concept Plan),
subject to the conditions attached hereto.
PASSED, APPROVED, AND ADOPTED, by the City Council of the
City of Morro Bay, on the 14th day of November, 1988, by the
following vote to wit:
AYES: Donnelly, Lemons, Odell, Sheetz, Reddell
NOES: None
ABSENT: None
ATTEST:
lobs
CONDITIONS OF APPROVAL
Case No. CUP 44-88 (Concept Plan)
STANDARD CONDITIONS
1. This Conditional Use Permit (Concept Plan), is granted for
the land described in the application and any attachments
thereto, and as shown on Exhibit A, and on file with the
Community Development Department. The locations of all
buildings and other features shall be located and designed
substantially as shown on the aforementioned exhibit, unless
otherwise specified herein.
2. Unless the construction or operation of the structure or
facility is commenced not later than one (1) year after the
effective date of this approval and is diligently pursued
thereafter, this approval will automatically become null and
void; provided, however, that upon the written request of
the applicant, prior to the expiration of this approval, an
extension for not more than one (1) additional year may be
granted by the Community Development Director, upon finding
that the project complies with all applicable provisions of
the Morro Bay Municipal Code in effect at the time of the
extension request.
3. Any minor change may be approved by the 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 Community Development Director and/or as
authorized by the Planning Commission. Failure to comply
with these conditions shall render this entitlement null and
void. Continuation of the use without a valid entitlement
will constitute a violation of the Morro Bay Municipal Code
and is a misdemeanor.
Conditions of Approval — CUP 44-88 (Concept Plan)
Page Two
SPECIAL CONDITIONS:
7. The exhibits submitted for Precise Plan approval shall
restudy the site design relevant to:
a. the provision for potted landscaping;
b. the provision for a sign program more consistent
with the present sign ordinance;
C. any exterior remodeling shall be inconformity with
the adjoining building to the north.
8. Existing debris located on the south —end of the
applicant's lease site shall be removed. As part of
the precise plan approval, the applicant shall provide
appropriate pedestrian furniture and potted landscaping
to be approved by the Director at this location.
9. The applicant shall sign a letter of understanding to
be prepared by the City, and to be made part of the use
permit, acknowledging his location within an area
designated by the City and California Coastal
Commission for priority use by the commercial fishing
industry and that his business may be subject at times
to the effects of noise, odor, and vibration normally a
part of a working harbor.
10. The 416 square foot addition hereby approved shall not
in the future be converted to customer service area.
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RESOLUTION NO. 131-00
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF MORRO BAY, ANNOUNCING FINDINGS
DENYING AN APPEAL AND UPHOLDING THE PLANNING COMMISSION'S
APPROVAL OF A CONDITIONAL USE PERMIT AND COASTAL DEVELOPMENT
PERMIT TO A ALLOW SECURITY RESIDENCE AND STORAGE FACILITY FOR
ROOFING MATERIALS AND EQUIPMENT
T H E C I T Y C O U N C I L
City of Morro Bay, California
CASE NOS. CUP 32-88/CDP 80-88R
WHEREAS, the Planning Commission of the City of Morro Bay,
California, on the 6th day of September, 1988 held a duly
noticed PUBLIC HEARING to consider the request of Rick
Montgomery for a Conditional Use Permit and Coastal Development
Permit to allow a security residence and storage facility for
roofing materials and equipment on property located at 1045
Allesandro in the C-2/S.4 zone; more particularly described:
APN: 66-091-23
LOT 17, BLOCK 9
Morro Bay Vista Tract No.
Town of Morro Bay
County of San Luis Obispo
State of California
WHEREAS, said project has complied with the City of Morro
Bay objectives, criteria and procedures for implementation of
California Environmental Quality Act, (CEQA), in that the project
has been found to be Categorically Exempt and no further
documentation is deemed necessary; and
WHEREAS, after said PUBLIC HEARING the Planning Commission
did approve the request by adoption of Planning Commission
Resolution No. 57-88, with conditions; and
WHEREAS, on September 16th, Frances and Harry Pollick, and
Randi and Richard Schoneman did appeal the Planning Commissions
action; and
WHEREAS, on October 24, 1988, the City Council of the City
of Morro Bay, California, held a duly noticed PUBLIC HEARING to
consider the appeal; and
WHEREAS, at said PUBLIC HEARING, after considering the staff
report, Planning Commission recommendation and the arguments of
all persons, wishing to testify, the City Council found the
following facts and reasons to deny the appeal and uphold the
Planning Commission's approval of the request:
City Council Resolution No. 131-88
Page Two
CONDITIONAL USE PERMIT
1. The project will not be injurious or detrimental to the
health, safety, comfort, and general welfare of the persons
residing or working in the neighborhood; and
2. The project will not be injurious or detrimental to property
and improvements in the neighborhood; and
3. The project will not be injurious or detrimental to the
general welfare of the City; and
4. The project is in conformance with the Local Coastal Program
and applicable zoning regulations.
COASTAL DEVELOPMENT PERMIT
1. The proposed project is consistent with the certified Local
Coastal Plan and applicable provisions of the certified
implementing ordinances.
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 deny the appeal and uphold the
Planning Commission's approval of Case Noe. CUP 32-88/CDP
80-88R, subject to the conditions attached hereto.
PASSED, APPROVED, AND ADOPTED, by the City Council of the
City of Morro Bay, on the 14th day of November, 1988, by the
following vote to wit:
AYES: Donnelly, Lemons, Odell, Sheetz, Reddell
NOES: None
ABSENT: None
-i;a DDEL Ma- yor W--
ATTEST:
Conditions of Approval - CUP 32-88/CDP 80-88R
Page Two
SPECIAL CONDITIONS
7. No tar pots or hot mops shall be permitted to be stored on the
property until the new storage building, approved by this permit,
is completed. Tar pots and hot mops shall then be stored only
within the enclosed building and only when cold.
8. The proposed parking plan shall be revised and approved by the
Director prior to the issuance of a building permit.
9. The applicant shall provide and maintain a ten (10) foot
frontyard setback.
10. A landscaping and screening plan shall be submitted and approved
by the Director prior to the initiation of the first phase, and
shall meet all standards as outlined in MBMC Section 17.48.290.
11. A sign program shall be submitted and approved by the Director
prior to the initiation of the first phase. Said sign program
shall not exceed a total sign area of twenty (20) square feet.
12. No construction shall take place prior to the award and approval
of water equivalencies by the City.
13. 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.
14. Curb, gutter, sidewalk and street trees shall be installed in
conformance with City standards and as approved by the City
Engineer, during the third phase of construction.
15. Prior to the issuance of a building permit, the applicant shall
submit engineering calculations to demonstrate that the proposed
on -site storm drain facilities are capable of carrying peak flow
run-off from a 25-year storm.
16. No more than two work related vehicles shall be permitted on site
until the third phase is completed.
17. Employees shall be limited to three persons, including the owner.
18. This Conditional Use Permit shall be permitted for a period of
twelve months at which time it shall be reviewed by the Planning
Commission.
CONDITIONS OF APPROVAL
Case Nos. CUP 32-88/CDP 80-88R
STANDARD CONDITIONS
1. This Conditional Use Permit and Coastal Development Permit,
are granted for the land described in the application and
any attachments thereto, and as shown on Exhibits A
through E, and on file with the Community Development
Department. The locations of all buildings and other
features shall be located and designed substantially as
shown on the aforementioned exhibit, unless otherwise
specified herein.
2. Unless the construction or operation of the structure or
facility is commenced not later than one (1) year after the
effective date of this approval and is diligently pursued
thereafter, this approval will automatically become null and
void; provided, however, that upon the written request of
the applicant, prior to the expiration of this approval, an
extension for not more than one (1) additional year may be
granted by the Community Development Director, upon finding
that the project complies with all applicable provisions of
the Morro Bay Municipal Code in effect at the time of the
extension request.
3. Any minor change may be approved by the 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.
3. 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 Community Development Director and/or as
authorized by the Planning Commission. Failure to comply
with these conditions shall render this entitlement null and
void. Continuation of the use without a valid entitlement
will constitute a violation of the Morro Bay Municipal Code
and is a misdemeanor.
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RESOLUTION NO. 129-88
RESOLUTION AWARDING LEASE TO HAROLD J. AND RITA B. ANDERSON
FOR LEASE SITES 91-92/91W-92W
T H E C I T Y C O U N C I L
City of Morro Bay, California
WHEREAS, Harold J. and Rita B. Anderson have been
tenants of Lease Sites 91-92/91W-92W and operators of the
Galley Restaurant since 1966, and;
WHEREAS, maintenance obligations for the Lease Sites
are currently unmet and the parties desire to formalize said
maintenance obligations, and;
WHEREAS, the Andersons desire to extend the term of
their lease, and;
WHEREAS, the City of Morro Bay desires to convert the
existing County type lease agreement to the most current
City type lease covering these premises;
NOW, THEREFORE, BE IT RESOLVED that the City Council of
the City of Morro Bay does hereby approve the granting of a
new lease agreement to Harold J. and Rita B. Anderson for
Lease Sites 91-92/91W-92W, and;
BE IT FURTHER RESOLVED that the Mayor and City Clerk
are hereby authorized to sign any and all documents required
to complete this agreement 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 14th day
of November, 1988, by the following vote:
AYES: Donnelly, Lemons, Odell, Sheetz, Reddell
NOES: None
ABSENT: None
�DALE REDDELL, MAYOR
/000i(. �L�sce
ARDITH DAVIS, CITY CLERK
to a
NO. 128-88
TION APPROVING CONSENT TO SUB -LEASE PORTIONS OF LEASE
SITE 105.1W TO ABALONE UNLIMITED RESEARCH, INC.
T H E C I T Y C O U N C I L
City of Morro Bay, California
WHEREAS, Abalone Unlimited Research, Inc. is currently a
Tenant of the City of Morro Bay raising abalone and performing
associated research, and;
WHEREAS, Abalone Unlimited Research, Inc. has need of
additional space for growing tanks, and;
WHEREAS, Abalone Unlimited Research, Inc. has been an
acceptable tenant, and;
WHEREAS, development of Abalone hatchery techniques
provides a needed service to the commercial fishing industry,
and;
NOW, THEREFORE, BE IT RESOLVED that the City Council
hereby approves the Consent to Sub -Lease portions of Lease
Site 105.1W to Abalone Unlimited Research, Inc., subject to
receipt and approval of all required documents by the City
Attorney and;
BE IT FURTHER RESOLVED that the Mayor and City Clerk are
hereby authorized to sign any and all documents required to
complete this agreement 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 24th day of
October, 1988, by the following vote:
AYES: Donnelly, Lemons, Odell, Sheetz, Reddell
NOES: None
ABSENT: None
M-m- -- �
blb•
���eiGTL. .Ei
ARDITH DAVIS, CITY CLERK
RESOLUTION NO. 127-88
A RESOLUTION ADOPTING AMENDMENTS TO THE MORRO BAY LOCAL COASTAL
PROGRAM LAND USE PLAN TEXT AND MAP
WITHIN PLANNING AREA 2.
THE CITY COUNCIL
City of Morro Bay, California
WHEREAS, on the lath day of February 1987, the City Council
adopted interim Ordinance No. 301, prohibiting development within
certain specified portions of the City of Morro Bay, and later
extended the Ordinance until February llth, 1989 or until the
completion date of the plan of study and effective date of
related zoning ordinance amendments, whichever first occurs, in
order to allow the City to evaluate alternative land use plan
designations and planning standards; and
WHEREAS, the Council initiated the necessary planning
studies intended to alleviate the conditions which led to the
adoption of the urgency ordinance, and whereas such studies were
diligently pursued thereafter; and
WHEREAS, in order to facilitate the broadest possible public
and agency participation and comment, numerous public meetings
and workshops were conducted by the City to present and discuss
information being generated by the City's study and to review
planning objectives, options and effects; and
WHEREAS, to further increase opportunities for full public
involvement in the planning process, the City Council appointed a
citizen's advisory committee consisting of representatives of
various interest groups, residents, and property owners within
the study area; and
WHEREAS, in June, 1988 the City's consultants completed the
various studies concerning amendments to the Local Coastal
Program Land Use Plan and Zoning Ordinance, and transmitted these
studies and related recommendations to the City for
consideration; and
WHEREAS, on May 16, 1988 the citizens' advisory committee
completed its public hearings and study concerning amendments to
the Local Coastal Program Land Use Plan and Zoning Ordinance and
submitted them together with their recommendations to the
consultants, Planning Commission and City Council for
consideration; and
City Council Resolution No.127-88
Page 2
0
WHEREAS, the consultant's report, the citizens' committee
report and related materials were publicly noticed and made
available for public and agency review in compliance with all
requirements of the California Coastal Act and the Coastal
Commission's administrative regulations; and
WHEREAS, on June 20th, July 5th, and July 14th, 1988 the
Planning Commission conducted duly noticed PUBLIC HEARINGS to
consider reports and recommendations from the citizens'
committee, consultants and staff concerning possible amendments,
and on July 18th 1988, recommended that the Land Use Plan and
Implementation Program texts and maps be amended to provide for
various modifications and transmitted such recommendations to the
City Council for consideration; and
WHEREAS, on July 25th, the City Council conducted a duly
noticed PUBLIC HEARING to consider the proposed amendments and
extended the public review period an additional six weeks to
September 16, 1988 in order to maximize opportunities for public
and agency input, and referred additional materials to the
Planning Commission for review and further recommendations; and
WHEREAS, on August 15th, 1988 the Planning Commission
conducted a duly noticed PUBLIC HEARING to consider the items
referred by the City Council and then transmitted its
recommendation back to the City Council; and
WHEREAS, on August 22nd, October 3rd, and October 24th, 1988
the City Council did conduct duly noticed PUBLIC HEARINGS to
consider the supporting materials, referral report of the
Planning Commission, and various recommendations concerning
possible amendments to the Local Coastal Program; and
WHEREAS, the City Council does hereby determine and find for
the purposes of the California Environmental Quality Act that the
contemplated amendments to the Local Coastal Program and the
supporting information are exempt from CEQA as the functional
equivalent of an EIR and that for purposes of CEQA the Coastal
Commission is the lead agency, and no further documentation is
necessary by the City, and
WHEREAS, the Council does hereby find the following facts to
substantiate and necessitate the contemplated amendments to the
Land Use Plan:
1. Significant changes
Use Plan was drawn
Revision and changes
physical conditions
gained in application
community has grown
citizens; and
have occurred since the original Land
up and approved over five years ago.
are warranted by both the altered
of Morro Bay and by the experience
of the Coastal Act requirements as the
and responded to the needs of its
City Council ResoldWon No.127-88
Page 3
2. There is a need to reduce the potential impacts of people on
the environmentally sensitive sand dune habitat by reducing
the amount of future residential development in the area and
limiting public access points through the dunes; and
3. There is a need to increase the positive efforts of the City
to care for and improve the environmental resource base by
land use planning and regulatory measures aimed at ensuring
the best possible stewardship of the environment; and
4. It is necessary to modify the boundaries of the designated
sand dune ESH area to accurately reflect the actual location
and extent of the habitat; and
5. It is incumbent on the City to bring about improved
protection of the snowy plover, a candidate endangered
species through redirecting and limiting access to the
shoreline and through land use plan modifications that
reduce impacts to the habitat; and
6. There is a need to enhance protection and retention of
traditional public views to and along the sand dunes, shore
and ocean for travelers on Highway One northbound and
southbound by expanding and better protecting the designated
public view corridor; and
7. There is a need to modify the range and extent of allowable
uses to provide an opportunity for higher priority and
coastal -dependent uses as set forth in the Coastal Act to
utilize the area; and
8. There is a need to provide for additional passive and active
recreational uses within the area not reflected in current
plans; and
9. A reduction in the overall potential intensity and extent of
development will benefit the City by reducing demands on
service requirements including lower levels of municipal
services including water and roadway development; and
10. The contemplated amendments are internally consistent with
other portions of the Local Coastal Program, and are
consistent with all elements of the City's,adopted General
Plan; and
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the
City of Morro Bay, California, as follows:
1. The City Council of the City of Morro Bay hereby finds that
the above statements are true and correct and constitute the
findings of the City Council in this matter; and
2. The City Council of the City of the City of Morro Bay does
hereby adopt amendments to the Local Coastal Program Land
City Council ResoldWon No. 127-88
Page 4
Use Plan text and maps as shown on
and B which are made a part of
incorporated herein by reference; and
the attached Exhibits A
this resolution and
3. Such amendments shall be transmitted promptly to the
California Coastal Commission with the request that the
Commission certify said amendments; and
4. Said amendments shall take effect immediately and
automatically upon such certification by the California
Coastal Commission; and
5. The City Council of the City of Morro Bay, California does
hereby find that these Local Coastal Program Land Use Plan
amendments are in compliance with the intent, objectives,
and policies of the California Coastal Act and that the City
of Morro Bay will carry out the Local Coastal Program,
including these amendments to the Land Use Plan in a manner
fully consistent with the California Coastal Act and all its
provisions.
PASSED AND ADOPTED, by the City Council of the City of Morro
Bay at a regular meeting held thereof on the 24th day of October,
1988 by the following roll call vote;
AYES; Donnelly, Lemons, Sheetz; Reddell
NOES; Odell
ABSENT; None
1:\:1�)YYO��L•\�If.`l�Kii3N[Tli 9
i
EXHIBIT A
AMENDMENTS TO THE LOCAL COASTAL PROGRAM
LAND USE PLAN TEXT
NOTE: Text within brackets and underlined is deleted; bold text
is added. All other text remains unchanged.
Page 14, item 2.b is modified to read:
Development proposals have included planned residential
development and motel development. No development plans
have been approved by the City. The State of California
Chas set aside funds to) recently acquire d the area known
as the Cloisters r Parks and Recreation purposes.
Page 14, item 2.c. is modified to read:
The major coastal issues within this area include: access
and recreational use, hazards (flooding and drainage),
visual impacts, locating and planning new development
including consideration of coastal priority uses and
protection of sensitive dune habits...
Page 22, paragraph C.1, the LUP should be amended to read:
Residential Land Uses
[Four) Five residential land use categories are established to
provide for a wide range of densities. The purpose is to ensure
that residential land is developed to a density suitable to its
location and physical characteristics.
One type of residential development that the City would encourage
is cluster development. Some of the advantages include increased
open space, better visual qualities, additional preservation of
sensitive sites, decreased cost of municipal services and an
opportunity to provide more affordable housing.
Density ranges are as follows:
Limited Density
- up to
2
dwelling
units
per
acre
Low Density
- up to
4
dwelling
units
per
acre
Low -Medium Density
- 4 to
7
dwelling
units
per
acre
Medium Density
- 7 to
15
dwelling
units
per
acre
High Density
- 15 to
27
dwelling
units
per
acre
Page 25, item 4, is modified to read:
School: This land use category is applied to areas devoted
to public school sites.
Exhibit A/LCP Text � ndments
Page 2
Page 25, item 4 (which has now become item 5), "Other Land Uses"
is modified to read:
There are seven additional land uses which are designated within
the City. These are Agriculture, Mariculture and Marine
Research, Harbor and Navigational Ways, Open Space/Recreation
GorT School, and Mixed uses.
Page 25. A new paragraph is added between the description of
Agriculture and Harbor and Navigable Ways and will read:
Mariculture and Marine Research: This designation applies to
areas within the City that, because of their location adjacent to
sources of seawater, and their relationship to adjacent land
uses, have been determined to be suitable for the propagation and
rearing of ocean fish and shellfish. Uses allowed in these areas
are coastal dependent mariculture activities that must be served
by seawater intake and discharge pipelines in order to function,
and includes other directly related uses.
Mariculture facilities include buildings, tanks, raceways and
pipelines used for breeding, hatching, grow -out, and related
research, and administrative offices and educational facilities.
Processing of mariculture products such as cleaning, shelling,
canning or packaging is expressly prohibited in such areas.
Page 25, a new paragraph is added to read:
Golf Course: This designation provides for golf courses and
related facilities such as club houses, pro -shops, maintenance
buildings, parking areas, and irrigation systems, and also
provides for passive recreation activities including walking and
bicycle paths, picnic areas, play areas and similar quiet
recreational activities.
Page 26, the first incomplete paragraph, shall be followed by a
new paragraph to read:
In addition, the mixed land use designation may apply to.certain
vacant parcels that because of their large size, can accommodate
two or more types of uses with careful planning. The following
descriptions of these areas shall be the basic planning policy
for these areas.
Insert Figure 5a as page 27a.
Beginning on page 28, the following language is added:
Mixed Use Area G: Mixed Use Area G is currently owned by the
Keyoto-Natalie Corporation, formally known and sometimes referred
to herein as the VRM is a large vacant area of approximately 84
acres. The intent of the mixed use designation on this large
vacant property is to provide for a range of land use
opportunities emphasizing coastal dependent, recreational, and
Exhibit A/LCP Text�ndments
Page 3
limited, low intensity residential uses, consistent with the
priorities of the Coastal Act. These uses include
Environmentally Sensitive Habitat, Coastal Resource Residential,
Golf Course, and Mariculture and Marine Research. A related
objective is to ensure the restoration and long term protection
of environmentally sensitive habitat areas found within the area,
and to retain the traditional public views of the sand dunes,
shoreline and ocean from Highway One. Future development
proposals for the area will be considered based upon coordinated
and integrated plans that are found to be consistent with all
applicable provisions of the City's Local Coastal Program and
with the Coastal Act and California Environmental Quality Act.
Future development plans for this area shall be consistent with
the policies set forth in Specific Policy 0.6 below.
Page 29, following Policy 0.5, a new section is added to read:
E. SPECIFIC LAND USE POLICIES
Policy 0.6 Development within Mixed Use Area G.
Land Uses Permitted
The following kinds of land uses may be permitted or
conditionally permitted at locations within Mixed Use Area G as
designated on Figure 5A, and as shown on the Land Use Plan and
zoning maps.
a. Environmentally Sensitive Habitat (ESH). Portions of Mixed
Use Area G designated as ESH, generally the sand dunes, shall be
limited to uses consistent with existing LUP policies and Morro
Bay Municipal Code, Chapter 17.42. No residential density credit
accrues from this area.
b. Coastal Resource Residential. Portions of the area,
generally adjacent to the Atascadero Beach Tract on the north,
Morro Bay High School on the south, and outside the public view
corridor designated by Figure 32, may be used for single family
detached residences with minimum lot areas of 6,000 square feet
and consistent with Chapter 16 of the Municipal Code. Density
credit derived from the overall area designated as Coastal
Resource (Limited Density) Residential on the Land Use Plan Map
with a base density of up to 2 units per acre, may be transferred
to the areas outside of the public viewshed, and residences may
be developed at higher densities within those areas, subject to
the minimum lot sizes set forth above.
C. Golf Course. A golf course may be located within any
portion of Mixed Use Area G except for the ESH area, and may be
developed in combination with other uses, or as the only use.
Golf club, pro -shops, and other facilities involving permanent
structures shall be located outside the public view corridor.
Exhibit A/LCP Text Sendments •
Page 4
Parking for a golf course may be located within the public view
corridor so long as it is adequately screened by landscaping.
Passive recreational uses are also encouraged within this area.
d. Mariculture and Marine Research. Mariculture and marine
research facilities may be located in the southern one-third of
Mixed Use Area G and outside the public view corridor designated
in Figure 32, and as provided in the Mariculture and Marine
Research land use and zoning designations. Mariculture grow -out
tanks and raceways not exceeding 4 feet in height above grade
pursuant to Morro Bay Municipal Code Section 17.12.310 (B) and as
hereafter amended may be located in other portions of the
southerly one-third within the view corridor, but may not be
located in those areas designated as ESH area.
2. Development Limitations and General Performance Standards
Detailed policies and performance standards affecting development
within Mixed Use Area G are contained in various sections of the
Land Use Plan and zoning ordinance and must be complied with in
any development proposal. Basic policies and standards include
but are not limited to:
a. All uses shall be conditional uses subject to use permit
procedures of the base zoning district and the Planned
Development suffix zone.
b. Structures shall be limited to a single story in height and
shall not exceed 14 feet above grade pursuant to Morro Bay
Municipal Code Section 17.12.310 (B) and as hereafter amended.
C. All permanent structures in excess of 4 feet in height above
grade pursuant to Morro Bay Municipal Code Section 17.12.310 (B)
and as hereafter amended shall be limited to the area outside the
public view corridor shown in Figure 32. The only exception
shall be a small public restroom associated with recreational
uses.
d. All development shall conform to City and federal flood
control regulations.
e. Subdivision shall be phased to ensure the orderly provision
of public services in compliance with City regulations and
Coastal Act priorities. The northerly portion of the property
shall be subdivided first, and not less than 75% of the
residential lots created shall have homes completed upon them
prior to City approval of any final residential subdivision map
on the southerly portion of the property.
f. Permanent structures associated with mariculture and marine
research uses should be clustered at the south end of the
property as far back as practical from the public view corridors.
Rustic architecture should be used and landscaping should be
provided to screen buildings, service and parking areas. More
Exhibit A/LCP Text Wndments Is
Page 5
that one tenant may occupy the site, and development of a small
research and educational complex is encouraged. Mariculture
activities shall be limited to research, hatchery, and grow out;
processing of mariculture products such as cleaning, shelling,
canning or packaging is expressly prohibited.
f. Golf course development shall be carefully controlled to
prohibit the use of environmentally damaging herbicides,
pesticides, and poisons. Landscaping shall be with native
plants, except for tees and greens. Irrigation should be limited
to reclaimed wastewater or brackish water, and only if no adverse
environmental impacts to the ESH area will result.
g. Restoration and establishment of a permanent management
program for the ESH area shall be required as a condition of
development within the area.
h. Lateral accessways shall be provided according to the
location of historically used portions of the site and projected
future use by residents, and shall include the provision of
continuous lateral access across the site. Lateral public access
through the area shall be provided as a condition of development
approval. Excessive vertical access to the shoreline is
discouraged due to the presence of nesting Snowy plovers on the
beach and within the dunes. A public bike path in accordance
with the Circulation Element of the General Plan shall be
provided as a condition of development approval.
i. Development proposals within Mixed Use Area G may require a
greater level of public access to Highway One than is now
available via San Jacinto Street. The City shall consider
approval of proposals that require a greater level of access,
only if the necessary land can be acquired by the developer
without financial cost or legal action by the City.
j. The suitability of locating or the need to site a future
City fire station within the northeast part of Mixed Use Area G
should be considered by the City during the review of
applications for development of this area.
Page 43, item 2.a is modified to read:
Cloisters Parcel: This (privately owner state-owned, eight -acre
beach front parcel is Tocate_d at —the west end of San Jacinto
Street. It was once the site of the old, long -removed Cloisters
Hotel, and has been used historically and extensively for public
access. (The state is attempting to secure fundingto buy the
property as an extension of Atascadero Beach._
Page 43, item 2.b. is modified to read:
VRM American West Properties) Mixed Use are G: This privately -
owned
;'87�-80 p us acre, expanse of open land is sandwiched)
situate etween Morro Bay High School and Azure Street. It also
Exhibit A/LCP Text lendments
Page 6
historically has been used for lateral and vertical access. It
contains a large area of sensitive sand dunes abutting the
eastern edge of Atascadero State Beach. (Slated for low/medium
density residential development in Morro Ba s an se ement.
The area as ben, and continues to bed e su je c of lawn an3
road development proposals that could affect public access to the
dunes and beach. Planning for the area needs to ensure a balance
between continuation of lateral and vertical access within and
through the property, while at the same time conserving the
sensitive plant and wildlife resources present.
Page 49, following policy 1.12 a new heading is added to read:
Area 2 - Mixed Use Area G.
Page 49, the first paragraph policy 1.13 is deleted as follows:
Page 49, policy 1.13 a. is relocated to page 213 as policy 11.21.
Page 50, policy 1.13 b. is relocated to page 227, and added to
revised policy 12.02 B.
Page 50/51, policies 1.13 c.,d.,e., and f. are modified to read:
a. Three Two vertical accessways to the beach shall be
ded, one each on the north and south portions (sidesof
arcel. {and an additional vertical nrrPanwnv +hrniah1+hn
coiiector street.}_ me southerly accessway shall --be—evelopea
only inithe event the southerly portion is developed for
residential purposes. The accessways shall be of sufficient size
to guarantee accommodation of existing and projected intensity
and kinds of use, but in no case shall the accessways be less
than 10 feet in width. Specific access requirements shall be
designated during architectural and as part of the permit
,(review) app ication process and shall be based on historical and
projected use (Refer to Policy 1.07, for general criteria related
to prescriptive rights questions.) Lateral accessways shall be
provided according to the location of historically used portions
of the site and projected future use by residents, and shall
include the provisions of continuous lateral access across the
site. -The northern vertical accessway shall be the primary
accessway or Purring resources a the beac ah na can beeve ode_
-- con3unction with ie —GTois ers par parce vertical access
improvement reY-erreT fo in -Policy-1-127Access easements may lie
d. b. Public parking shall be developed and provided adjacent
to the (western termini of the northernmost vertical accessway,
Exhibit A/LCP Text Mbndments
Page 7
1�
adjacent to the eastern termini of the mi
an3-adjacent�o-fhe } eastern -{£erini e
ver ical accessways.- The (precise_ hum e
each accessway shall be determined at
review but in no case shall be less than
southernmost and middle access. A Brea
be _required at --the northernmost ernnmost access. )
C. {A north -south public collect
s
lexi -a
r of parking spaces for
the time of development
15 spaces. {each at the
street connectin
r_t
cne seaward side or the street. rne) it a north-soutn collector
streetis require o serve future development within the area,
it shall be located on the eastern edge of the site, and shall
include class I bicycle paths based on standards contained in the
Circulation Element of the General Plan.
f. Improvement of public access and parking shall be completed
prior to final project approvals of development projects on the
Page 209, Policy 11.04 is modified to read:
No land division shall be allowed in the environmentally
sensitive habitat areas of wetlands, sand dunes, stream beds and
endangered wildlife habitats as designated on Figures 6 and 28,
unless the land division is for the express and sole purpose of
transferring the property to a public management agency or for
some other bona -fide conservation purpose.
Page 213, new Policy 11.21 is added by relocating and modifying
policy 1.13 a. from page 49:
The following environmental standards shall apply to development
of the large privately owned parcel located between Morro Hay
High School and Azure Street on the west side of Highway One
referred to herein as Mixed Use Area G and formerly known as the
VRM property.
The sand and dunes area between the mean high tide line and the
easternmost line of dunes, and the marshy lowland habitat areas
shall be adequately identified and mapped as part of the
information submitted with any development plans for the area.
The sandy beach portion of the parcel shall be designated as open
space/recreation. The dunes areas and marshy lowland habitat
l �
Exhibit A/LCP Text Indments i
Page 8
area shall be designated as environmentally sensitive habitat. A
buffer setback of no less than 50 feet (if fenced, 100 feet if
not fenced) shall be established after mapping of the habitat
boundaries has taken place. The mapping and proposed buffers
shall be subject to review and comment by U.S. Fish and Wildlife
and California Department of Fish and Game. Recreational use of
this portion of the site shall be limited to passive recreational
uses which do not conflict with the habitat values. Dedication
of beach and dune area to the state is (required) encouraged for
proper management. Prior to {dedication of -the beach and dune
areas._} approval of any development plans -the applicant sliaiI
ensure restoration, enhancement and protection of the dune and
marsh habitat areas. The restoration -enhancement -protection
program shall be submitted for review and comment by U.S. Fish
and Wildlife and the California Department of Fish and Game, and
suggested {mitip�ation measures] modifications shall be
incorporated --info tiie program after review by {the relevant
resource protection agencies_ these agencies.
Page 213 New Policy 11.22 is added to read:
Policy 11.22 The precise location and thus boundary line of
Environmentally Sensitive Habitat areas shall be determined based
upon a field study paid for by the applicants and performed by
the City or City's consultants and approved by City Council
and/or their appointed designee.
Page 227, Policy 12.02 H is deleted in its entirety and new
language is added to read: (note: the first paragraph below is
relocated from page 50, policy 1.13 b.).
The City shall require a detailed development plan for Mixed Use
Area G consistent with Policy 0.6. Any development shall be
subordinate to the unique and sensitive visual character of the
area. Jand shall contain visual corridors and standard as
defined in PoTicv Imo.-20- B`iri the "LUP:- Zn aad3"tion�eve7onmenf
shall include areas of clustered -development, varying building
heights, roof lines and setbacks, visible common open space areas
and landscaping controls which ensure that full grown tree
species are selected for heights which do not obscure views. The
development plan shall preserve to the maximum extent feasible
traditional public visual access from Highway One of the dunes,
Morro Rock, and the open ocean and coastal headlands to the
north. The plan shall at a minimum include the following visual
resource design standards:
1) The public view corridor from Highway One is established as
defined in Figure 32. As a condition of future development
approval a long term scenic conservation easement agreement shall
be entered between the property owners and the City covering the
Exhibit A/LCP Text Wndments
Page 9
area within the designated public view corridor. Within the view
corridor the following development limitations shall apply and
these shall be reflected in the scenic conservation easement:
a. no structure shall exceed four (4) feet in height above
grade pursuant to Morro Bay Municipal Code Section 17.12.310
(B) and as hereafter amended except for small public
restrooms,
b. landscape screening shall not exceed eight (8) feet in
height, or block more than 10`L of the viewshed from Highway
One,
C. only open space, lateral access, parking areas, golf,
passive recreational uses and mariculture activities shall
be allowed in the public view corridor.
Page 229, Policy 12.03 is modified to read:
Development between State Highway One and the ocean in Planning
Areas 1,2, and 5 shall provide view corridors as defined in
Policy 12.02B and by Figure 32 jVRM visual ppo�licy) so as not to
significantly block views of travelers on tle Highway. New
development shall be subordinate to the character of its setting
and shall be visually compatible with the surrounding areas.
Page 230, Policy 12.06 is modified to read:
New (residential) development in areas.......
A new figure 32 shall be added as page 232.
Q,
NORTH
i
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Lfi ;s
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1 q 1 el•
%£h11r
ri t l `11s
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CRR/GC/PD Limited Density Resi-
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Golf Course/
"'—�... Planned Development
MMR/CRR/ Mariculture and Marine
I II GC/PD Research/
I Limited Density Resi-
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Golf Course/
Planned Development
ESH Environmental Sensitive
-� Habitat
SCH School
LUP Plan Map Amendments
Area 2 EXHIBIT B
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4
NORTH
BOUNDARY FOR MIXED USE I
AREA "G" EXHIBIT B
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PUBLIC VIEW CORRIDORS
FIGURE 32 EXHIBIT B
0 6
RESOLUTION NO. 126-88
A RESOLUTION ADOPTING
THE DEL MAR PARR MASTER PLAN
,T H E C I T Y C O U N C I L
City of Morro Bay, California
WHEREAS, the updating and revision of park Master Plans
is required from time to time to insure the parks meet the
needs of the people in Morro Bay; and,
WHEREAS, the Del Mar Park Master Plan is now ten (10)
years old and surrounding property owners and the community
at -large are suggesting revisions be made to the Plan; and,
WHEREAS, the Recreation and Parks, and Planning
Commissions have held public hearings on the proposed Del
Mar Park Master Plan; and,
WHEREAS, slight modifications to the Master Plan by
relocating existing planned areas to alternate locations has
met with acceptance of the community.
NOW, THEREFORE, BE IT RESOLVED by the City Council that
the Del Mar Park Master Plan is hereby amended as attached
hereto and marked Exhibit "A".
PASSED AND ADOPTED by the City Council of the City of
Morro Bay at a regular meeting thereof held this 14th day of
November, 1988 by the following roll call vote:
AYES: Donnelly, Lemons, Odell, Sheetz, Reddell
NOES: None
ABSENT: None
ATTEST:
/. z / /1ff�A
ARDITH DAVIS
f . r
NO. 125-88
A RESOLUTION ADOPTING
THE CENTENNIAL PARKWAY MASTER PLAN
T H E C I T Y C O U N C I L
City of Morro Bay, Califcrnla
WHEREAS, the development of park Master Plans is
required to insure that the parks meet the current and
future needs of the people in Morro Bay; and,
WHEREAS, the Centennial Stairway Plan is now ten ( 10 )
years old and opportunities to enhance area use and
amenities exist as well as create a landscaped corridor
linking the waterfront and blufftop areas; and,
WHEREAS, development of the area will enhance a portion
of the waterfront and downtown areas; and,
WHEREAS, the Recreation and Parks and Planning
Commissions have held public hearings on the proposed
Centennial Parkway Master Plan.
NOW, THEREFORE, BE IT RESOLVED by the City Council that
the Centennial Parkway Master Plan is hereby adopted as
attached hereto and marked Exhibit "A".
PASSED AND ADOPTED by the City Council of the City of
Morro Bay at a regular meeting thereof held this 14th day of
November, 1988 by the following roll call vote:
AYES: Donnelly, Lemons, Odell, Sheetz, Reddell
NOES: None
ABSENT: None
ATTEST:
ARDITH DAVIS
CITY CLERK
RESOLUTION NO. 124-88
DESIGNATING COLLECTION OFFICER
MIMOSA STREET ASSESSMENT DISTRICT
T H E C I T Y C O U N C I L
City of Morro Bay, California
RESOLVED by the City Council of the City of Morro BAY,
California, that the Treasurer of said City, be, and (s)he
is hereby appointed as the person to whom payment of
assessments shall be made under Resolution of Intention No.
6-87, adopted by this Council on January 26, 1987, and that
his/her office at the City Hall, Morro Bay, California, is
hereby designated as the place at which the said payments
will be made, and the Superintendent of Streets is hereby
relieved of all responsibility in connection with collecting
said assessments.
PASSED AND ADOPTED by the City Council of the City of
Morro Bay at a regular meeting held on the 24th day of
October , 1988, by the following vote:
AYES: Donnelly, Lemons, Odell, Sheetz, Reddell
NOES: None
ABSENT: None
ABSTAIN: None
OW1 11 M iW5
O
ATTEST:
ARDITH DAVIS, City Clerk
RESOLUTION NO. 123-88
AWARD OF CONTRACT
MIMOSA STREET ASSESSMENT DISTRICT
T H E C I T Y C O U N C I L
City of Morro Bay, California
WHEREAS, the City Council did in open session on the
24th day of October, 1988, publicly examine and declare all
sealed proposals or bids for the work to be done and
improvements to be made, as described and specified in
Resolution of Intention No. 6-87, adopted by said Council on
January 26, 1987, to which resolution reference is hereby
made for a description of the work and improvements to be
done and the materials, supplies and equipment to be
furnished.
NOW, THEREFORE, BE IT RESOLVED by the City Council of
the City of Morro Bay as follows:
1. That the City Council hereby rejects all said
proposals or bids except hereinafter mentioned, and hereby
awards the contract for doing the work and improvements and
furnishing the materials, supplies, and equipment necessary
thereof, to the lowest responsible bidder, to wit: R. Burke
Corporation, P. O. Box 957, San Luis Obispo, California at
the unit prices named in said bid.
2. That the Mayor is hereby authorized to make and
enter into a written contract with said successful bidder,
and to receive and approve all bonds in connection
therewith, and the City Clerk is hereby directed to attest
her signature thereto and affix the official seal of said
City thereon.
3. The award of contract provided herein is hereby
made subject to the condition that an acceptable bond bid is
received by the Council and an award of bonds is made.
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Exhibit "A"
PASSED AND ADOPTED by the City Council of the City of
Morro Bay at a regular meeting held on the 24th day of
October, 1988, by the following vote:
AYES: Donnelly, Lemons, Odell, Sheetz, Reddell
NOES: None
ABSENT: None
ABSTAIN: None
DA REDDELL, Mayor
ATTEST:
ARDITH DAVIS, City Clerk
FA
• 0
RESOLUTION NO. 122-88
ADOPTING ENGINEER'S REPORT, CONFIRMING THE ASSESSMENT AND
ORDERING THE ACQUISITION AND CONSTRUCTION OF IMPROVEMENTS
MIMOSA STREET ASSESSMENT DISTRICT
T H E C I T Y C O U N C I L
City of Morro Bay, California
WHEREAS, on the 26th day of January, 1987, the City
Council adopted Resolution of Intention No. 6-87 to acquire
and construct improvements in said City, and referred the
proposed acquisition and construction of improvements to the
Engineer of Work, he being the officer having charge and
control of the acquisition and construction of improvements
in and for said City of the kind described in said
Resolution of Intention and being a competent person
appointed by said Council for that purpose; and
WHEREAS, the City Council thereby directed the Engineer
of Work to make and file with the City Clerk a report in
writing in accordance with and pursuant to the Municipal
Improvement Act of 1913; and
WHEREAS, said report was duly made and filed with the
Clerk, whereupon said Clerk presented it to the City Council
for consideration; and
WHEREAS, the City Council thereupon duly considered
said report and each and every part thereof and found that
it contained all the matters and things called for by the
provisions of said Act, including (1) maps and description
of lands and easements to be acquired; (2) plans and
specifications of the proposed acquisition and construction
to be made; (3) itemized and total costs of said acquisition
and construction; (4) diagram of district; and (5) an
assessment according to benefits, all of which was done in
the form and manner required by said Act; and
WHEREAS, the City Council found that said report and
each and every part thereof was sufficient in every
particular and determined that it should stand as the report
for all subsequent proceedings under said Act, whereupon the
City Council, pursuant to the requirements of said Act,
appointed October 24, 1988, at the hour of 6:00 o'clock
p.m., of said day in the regular meeting place of the City
Council, Veteran's Memorial Hall, 209 Surf Street, Morro
Bay, California, as the time and place for hearing protests
in relation to said proposed acquisition and construction of
improvements, and directing the Clerk to give notice of said
hearing as required by said Act; and
0
WHEREAS, it appears that notices of said hearing were
duly and regularly posted, mailed and published in the time,
form and manner required by said Act, as evidenced by the
documents on file with said Clerk, whereupon said hearing
was duly and regularly held at the time and place stated in
said notice; and
WHEREAS, two (2) person(s) interested, objecting to
said acquisition and construction of improvements, or to the
extent of the assessment district, or to the proposed
assessment or diagram, or to the maps and descriptions or to
the grades at which said work will be done, or to the
Engineer's estimate of the costs and expenses thereof, filed
written protests with the Clerk at or before the time set
for hearing, and all persons interested and desiring to be
heard were given an opportunity to be heard, and all matters
and things pertaining to said acquisition and construction
of improvements were fully heard and considered by the City
Council, and the City Council has acquired jurisdiction to
order said acquisition and construction of improvements and
the confirmation of said diagram and assessment to pay the
costs and expenses thereof; and
WHEREAS, it is in the best interest of this assessment
district to retain said jurisdiction to construct said
improvements and levy said assessments and issue said bonds.
NOW, THEREFORE, BE IT RESOLVED by the City Council of
the City of Morro Bay, as follows:
1. That the owners of one-half (1/2) or more of the
area to be assessed for the cost of the project did not, at
or prior to the time fixed for said hearing file written
protests against the said proposed acquisition and
construction of improvements as a whole, or against the said
district or the extent thereof to be assessed for the costs
and expenses of said acquisition and construction of
improvements as a whole, or as to the Engineer's estimate of
said costs and expenses, or against the maps and
descriptions, or against the diagram or assessment to pay
for the costs and expenses thereof.
2. That the district benefited by said acquisition
and construction of improvements and to be assessed to pay
the costs and expenses thereof, and the exterior boundaries
thereof are more particularly described in said Resolution
of Intention and made a part hereof by reference thereto.
That all public streets and highways within said assessment
district in use in the performance of a public function as
such shall be omitted from said district and from the levy
and collection of the special taxes to be hereafter levied
and collected to cover the costs and expenses of said
acquisition and construction of improvements.
FA
0
3. That the plans and specifications for the proposed
acquisition and construction of improvements, contained in
said report, be, and they are hereby, finally adopted and
approved as the plans and specifications to which said work
shall be done as called for in said Resolution of Intention.
4. That the Engineer's estimate of the itemized and
total costs are expenses in connection therewith, contained
in said Report, be, and it is hereby, finally adopted and
approved as the Engineer's total and detailed estimate of
the costs and expenses of said acquisition and construction
of improvements.
5. That the public interest and convenience require
and the City Council does hereby order the acquisition and
construction of improvements to be made as described in and
in accordance with said Resolution of Intention on file in
the office of the Clerk, reference to which is hereby made
for a more particular description of said acquisition and
construction of improvements, and also for further
particulars pursuant to the provisions of said Municipal
Improvement Act of 1913.
6. That the diagram showing the assessment district
referred to and described in said Resolution of Intention,
and also the boundaries and dimensions of the respective
subdivisions having been given a separate number upon said
diagram, as contained in said report, be, and it is hereby,
finally approved and confirmed as the diagram of the
properties to be assessed to pay the costs and expenses of
said acquisition and construction of improvements.
7. That the assessment of the total amount of the
costs and expenses of the proposed acquisition and
construction of improvements upon the several subdivisions
of land in said district in proportion to the estimated
benefits to be received by said subdivisions, respectively
from said acquisition and construction of improvements, and
of the expenses incidental thereto, contained in said
report, be, and the same is hereby, finally approved and
confirmed as the assessment to pay the costs and expenses of
said acquisition and construction of improvements.
8. That, said Engineer's Report be, and the same is
hereby, finally adopted and approved as a whole.
9. That the Clerk shall forthwith deliver to the
Superintendent of Streets the said assessment, together with
said diagram thereto attached and made a part thereof, as
confirmed by this Council with his certificate of such
confirmation thereto attached and of the date thereof; and
that said Superintendent of Streets shall record said
3
diagram and assessment in his office in a suitable book to
be kept for that purpose, and append thereto his certificate
for the date of such recording, and such recordation shall
be and constitute the assessment roll herein.
10. That said Superintendent of Streets, upon
recording of said diagram and assessment, shall mail to each
owner of real property within the assessment district at his
last known address as the same appears on the tax rolls of
the City or on file in the office of the City Clerk, or to
both addresses if said address so appears, a statement
containing a designation by street number or other
description of the property assessed sufficient to enable
the owner to identify the same, the amount of the
assessment, the time and place of payment thereof, the
effect of failure to pay within such time, and a statement
of the fact that bonds will be issued on the unpaid
assessments pursuant to the Improvement Bond Act of 1915.
11. That said Superintendent of Streets shall also
give notice by publishing a copy of a Notice to Pay
Assessments by two successive insertions in a newspaper
published and circulated in said City, that said assessment
has been recorded in his office, and that all sums assessed
thereon are due and payable immediately, and that the
payment of said sums is to be made thirty (30) days after
the date of recording said assessment, which date shall be
stated in said notice, and of the fact that bonds will be
issued upon unpaid assessments as above provided.
PASSED AND ADOPTED by the City Council of the City of
Morro Bay at a regular meeting held on the 24th day of
October, 1988, by the following vote:
AYES: Donnelly, Lemons, Odell, Sheetz, Reddell
NOES: None
ABSENT: None
ABSTAIN: None
DALE REDD LL, Mayor
ATTEST:
lower �
ARDITH DAVIS, City Clerk
4
0
RESOLUTION NO. 121-88
OVERRULING PROTESTS ON RESOLUTION OF INTENTION NO. 6-87
MIMOSA STREET ASSESSMENT DISTRICT
T H E C I T Y C O U N C I L
City of Morro Bay, California
WHEREAS, the City Council did on January 16, 1987,
adopt its Resolution of Intention No. 6-87, to acquire and
construct public improvements in and for said City; and
WHEREAS, on September 12, 1988, this Council adopted
Resolution No. 99-88, appointing the time and place of
hearing protests in relation to the proposed acquisition and
construction of improvements and directing notice; and
WHEREAS, notice was given of the time and place therein
stated in the manner provided by law as appears from the
documents on file in the office of the City Clerk; and
WHEREAS, all written protests and other written
communications were publicly read at said meeting and all
persons desiring to be heard were fully heard.
NOW, THEREFORE, BE IT RESOLVED by the City Council of
the City of Morro Bay as follows:
1. That protests against said acquisition and
construction of improvements were not signed by the owners
of a majority or more of the area of the lands within the
assessment district assessed for the costs and expenses of
said work.
2. That said protests be, and each of them are,
hereby overruled.
PASSED AND ADOPTED by the City Council of the City of
Morro Bay at a regular meeting held on the 24th day of
October, 1988, by the following vote:
AYES: Donnelly, Lemons, Odell, Sheetz, Reddell
NOES: None
ABSENT: None
ABSTAIN: None
� U/
DALE REDDELL, Mayor
ATTEST:
ARDITH AVIS, City Clerk
RESOLUTION NO. 120-88
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF MORRO BAY
PROHIBITING THE CONSUMPTION OR
POSSESSION OF ALCOHOLIC BEVERAGE:
IN MORRO BAY "CITY" PARR
T H E C I T Y C O U N C I L
City of Morro Bay, California
WHEREAS, the consumption of alcoholic beverages in
public places has been found and declared to be a danger to
the health, safety and welfare of the general public and an
obstruction to the public use of public places by Ordinance
No. 327; and
WHEREAS, Morro Bay "City" Park and the surrounding
public sidewalks have been the site of recent incidents of
drunk and disorderly behavior; minors consuming alcoholic
beverages; consumption of alcohol in proximity to small
children; and other offensive and/or criminal acts; and
WHEREAS, complaints have been received from the public,
neighboring businesses and families regarding the
consumption of alcohol in "City" Park: and
WHEREAS, the public and families have reported being
intimidated by the recent incidents occurring at Morro Bay
"City" Park associated with alcohol consumption and/or
possession; and
WHEREAS, the public's free and unhindered use of Morro
Bay "City" Park is found to be impaired and obstructed by
persons consuming and/or possessing alcohol at this
location.
NOW, THEREFORE, BE IT RESOLVED that the City Council,
by authority of Ordinance No. 327, does hereby prohibit the
consumption or possession of open containers of alcoholic
beverages in Morro Bay "City" Park or the public sidewalks
surrounding Morro Bay "City" Park subject to all provisions
found in Ordinance No. 327. Any person violating or failing
to comply with these provisions shall be guilty of a
misdemeanor and shall be liable under the provisions set
forth in Title 1 of the Municipal Code.
BE IT FURTHER RESOLVED that the City Council instructs
staff to publish in a newspaper of local circulation this
resolution along with a map of the prohibition area and post
signs indicating said prohibition at Morro Bay "City" Park
prior to initiating enforcement of this action.
RESOLUTION NO. 120-88
PAGE 2
PASSED AND ADOPTED by the City Council of the City of
Morro Bay at a regular meeting thereof held on this 24th day
of October, 1988 by the following roll call vote:
AYES: Donnelly, Lemons, Odell, Sheetz, Reddell
NOES: None
ABSENT: None
ATTEST:
ARDITH DAVIS
CITY CLERK
RESOLUTION NO. 119-88
RESOLUTION APPROVING SECOND ADDENDUM TO LEASE ON
LEASE SITES 102/102W AND 105.1W/105.2
T H E C I T Y C O U N C I L
City of Morro Bay, California
WHEREAS, maintenance obligations on the lease sites have
not been adequately addressed, and;
WHEREAS, the City and the Tenant have mutually agreed
upon time frames and repair obligations, and;
NOW, THEREFORE, BE IT RESOLVED that the City Council
hereby approves the amendment to the lease agreement and the
Second Addendum to Lease is hereby incorporated as an
additional obligation of the Tenant subject to receipt and
approval of all required documents by the City Attorney, and;
BE IT FURTHER RESOLVED that the Mayor and City Clerk are
hereby authorized to sign any and all documents required to
complete this agreement 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 24th day of
October, 1988, by the following vote:
AYES: Donnelly, Lemons, Odell, Sheetz, Reddell
NOES: None
ABSENT: None
DALE REDDELL, MAYOR
ARDITH DAVIS, CITY CLERK
RESOLUTION NO. 118-88
RESOLUTION AUTHORIZING CITY ADMINISTRATOR TO
EXECUTE DOCUMENTS OF REAL PROPERTY EXCHANGE
T H E C I T Y C O U N C I L
City of Morro Bay, California
WHEREAS, City Council has agreed to exchange real property owned
by City (APN:. 66-332-03) for real property owned by Charles E. Ogle
and Louise M. Ogle (APN: 66-321-08); and
WHEREAS, this property will be used by the City to provide
additional public services; and
WHEREAS, the property exchange has been reviewed by the Planning
Commission and found to be in conformance with the City's General
Plan; and
WHEREAS, the City Attorney has reviewed this transaction and
found it in compliance with all applicable statutes, ordinances and
government code sections;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Morro Bay that Gary Napper, City Administrator, be authorized to act
on behalf of the City of Morro Bay in this transaction. This
authorization shall include the opening and closing of escrow and the
execution and receipt of all documents necessary to facilitate the
exchange of properties.
BE IT FURTHER RESOLVED that this authorization to exchange is
provided subject to review and approval by the City Attorney of all
required documents.
PASSED AND ADOPTED by the City Council of the City of Morro Bay
at a regular meeting held thereof on the 14th day of November, 1988, by
the following vote:
AYES: Donnelly, Lemons,�Reddell
NOES: Odell, Sheetz
ABSENT: None
ARDITH DAVIS, CITY CLERK
RESOLUTION NO. 116-88
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF MORRO BAY, ANNOUNCING FINDINGS AND
APPROVING AND ADOPTING A PARKING MANAGEMENT PLAN
T H E C I T Y C 0 U N C I L
City of Morro Bay, California
WHEREAS, the Local Coastal Program of the City of Morro Bay
sets forth policies to direct the preparation and implementation
of a Parking Management Plan for the Bayfront planning area and
the Central Morro Bay commercial business area;
WHEREAS, the Circulation Element of the General Plan of the
City of Morro Bay further directs the preparation and
implementation of a Parking Management Plan;
WHEREAS, the Environmental Coordinator determined that the
Parking Management Plan 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;
WHEREAS, the City Council recognizes the need to manage
future parking demand and supply to provide for true orderly
growth and development of the community and ensure the
convenience and safety of the public;
WHEREAS, the City Council recognizes that some existing
parking standards are not appropriate in their application to
certain definable areas within the City, and, that the current
range of parking options is too limited;
WHEREAS, the City Council recommends the preparation and
implementation of this Parking Management Plan in planning for
the future commercial development, designs of traffic and
pedestrian circulation systems, acquisition of public land, and
investment in capital improvement projects;
WHEREAS, the Parking Management Plan is internally
consistent with the elements of the General Plan and is
consistent with the Local Coastal Program and California Coastal
Act;
WHEREAS, the City Council adopted Resolution No. 88-88,
approving the Parking Management Plan on August 22, 1988, but due
to incomplete noticing procedures, such approval was rendered
invalid and reconsideration is required.
Resolution No. 116-80
Page Two
6A
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 on this matter;
2. That Resolution No. 88-88 is hereby rescinded;
3. That the Council does hereby approve and adopt the Parking
Management Plan in concept, dated October 10, 1988;
4. That the Council does hereby approve and adopt immediate
implementation of Phase I of the Parking Management Plan;
and
5. That the Council does hereby direct staff to initiate and
complete the land use analysis of Phase II of the Parking
Management Plan.
PASSED AND ADOPTED,.by the City Council of the City of Morro
Bay at a regular meeting held thereof on the loth day of October,
1988, by the following roll call vote:
AYES: Donnelly, Odell, Sheetz, Reddell
NOES: None
ABSENT: Lemons
C�s O
DALE REDDELL, Mayy or
ATTEST:
ARDITH DAVIS, City Clerk
RESOLUTION NO, 115-88
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF MORRO BAY, ANNOUNCING FINDINGS AND
APPROVING AN APPEAL FOR A VARIANCE
FROM THE HEIGHT LIMIT
FOR A SINGLE FAMILY RESIDENCE
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 September, 1988, after a duly
noticed PUBLIC HEARING, did approve a Variance with conditions
from the height limit, at the request of Marvin Sosna, for
property located at 2631 Maple Avenue, in the R-1/S.2 zone, and
more particularly described as:
APN 68-254-24
Lot 5, Block 25
Morro Del Mar Tract No. 2
City of Morro Bay
County of San Luis Obispo
State of California
WHEREAS, Marvin Sosna made a timely appeal of this action to
the City Council; and
WHEREAS, the City Council of the City of Morro Bay, on
October 10, 1988, held a duly noticed PUBLIC HEARING on said
appeal; and
WHEREAS, said project has complied with the City of Morro
Bay objectives, criteria and procedures for implementation of the
California Environmental Quality Act, (CEQA), in that the project
has been found to be Categorically Exempt and no. further
documentation is deemed necessary.
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 their amendment
to the Commission's action regarding the subject request:
1. That the variance requested will not constitute a grant of a
special privilege inconsistent with the limitation upon
other properties in the same vicinity and located in the R-
1/S.2 zoning district in which the subject property is
located;
City Council Resolution No.
Page Two
2. That because of special circumstances applicable to the
subject property, including size, shape, topography,
location or surroundings, the strict application of this
title is found to deprive said property of privileges
enjoyed by other properties in the vicinity and under
identical zone classification;
3. That driveways cannot be constructed within normal city
approved standards without causing a residence to be
restricted in size inconsistent with surrounding residential
structures;
4. That the granting of a Variance will not be a detriment to
surrounding properties in the form of viewshed blockage that
would not occur without said Variance;
5. That down -sloping lots do not enjoy the same physical
advantage relative to maximizing views as found on up -
sloping lots; and
6. That the Variance request is minimized to the extent
necessary to accommodate the garage only.
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 on this matter; and
2. That the Council does hereby grant the appeal and approval
of Variance No. 16-88, subject to the conditions attached
hereto.
PASSED AND ADOPTED, by the City Council of the City of Morro
Bay at a regular meeting held thereof on the loth day of October,
1988, by the following roll call vote:
AYES: Donnelly, Odell, Reddell
NOES: Sheetz
ABSENT: Lemons
i
DALfi REDDfi Mayor
ATTEST:
-
A H DAVIS, City Clerk ---------
CONDITIONS OF APPROVAL
Case No. VAR 16-88
STANDARD CONDITIONS
1. This Variance is granted for the land described in the
application and any attachments thereto, and as shown on
exhibits on file with the Community Development Department.
The locations of all buildings and other features shall be
located and designed substantially as shown on the
aforementioned exhibits, unless otherwise specified herein.
2. Unless the construction or operation of the structure or
facility is commenced not later than one (1) year after the
effective date of this approval and is diligently pursued
thereafter, this approval will automatically become null and
void; provided, however, that upon the written request of
the applicant, prior to the expiration of this approval, an
extension for not more than one (1) additional year may be
granted by the Community Development Director, upon finding
that the project complies with all applicable provisions of
the Morro Bay Municipal Code in effect at the time of the
extension request.
3. Any minor change may be approved by he 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 Community Development Director
and/or as authorized by the Planning Commission. Failure to
comply with these conditions shall render this entitlement
null and void. Continuation of the use without a valid
entitlement will constitute a violation of the Morro Bay
Municipal Code and is a misdemeanor.
Conditions of Approval
Case No. VAR 16-88
Page Two
SPECIAL CONDITIONS
7. The highest point of the roof of the garage structure shall
not exceed 28 feet.
1
0
RESOLUTION NO. 114-88
RESOLUTION APPROVING WAIVER OF RIGHTS TO FIXTURES AND IMPROVEMENTS DURING
TERM OF LEASE - ROSE'S LANDING, INC. LEASE SITES 82-85/82W-85W
T H E C I T Y C O U N C I L
City of Morro Bay, California
WHEREAS, by a Lease of County Real Property made and entered into as of
March 20, 1961, ("Lease"), the County of San Luis Obispo ("County") as Lessor
and William C. Chuba, Jr. and William C. Chuba Sr. ("Chubas") as Lessee
entered into a lease of Lease Sites 82-85/82W-85W ("Real Property") for a
term of thirty years, commencing April 1, 1961; and
WHEREAS, effective July 17, 1964, all rights of the County of San Luis
Obispo as lessor under the Lease were transferred to the City of Morro Bay
("City"); and
WHEREAS, by Resolution No. 26-88, dated April 11, 1988 the City Council
approved assignment of the Lease to Rose's Landing, Inc.; and
WHEREAS, Rose's Landing, Inc., entered into a security agreement with
Midstate Bank dated June 29, 1988, wherein Rose's Landing, Inc. requested
Midstate Bank to extend credit and to take a security interest in certain
property described in the Security Agreement ("the Collateral"), some of
which Collateral has been installed or may be installed on or affixed to the
Real Property which is the subject of the Lease;
WHEREAS, Midstate Bank has requested the City of Morro Bay as Lessor to
waive rights to the Collateral during the term of the Lease, or any renewal
thereof; and
WHEREAS, the request does not adversely affect the City's interest in
the Real Property or the Lease;
NOW, THEREFORE, BE IT RESOLVED by the City Council of Morro Bay that the
Waiver of Rights to Fixtures and Improvements During Term of Lease regarding
Lease Sites 82-85/82W-85W is hereby approved.
BE IT FURTHER RESOLVED that the Mayor and City Clerk are hereby directed
to sign any and all required documents to complete this agreement 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 loth day of October, 1988, by the
following roll call vote:
AYES: Donnelly, Odell, Sheetz, Reddell
NOES: None
ABSENT: Lemons
DALE REDDELL,••
ARDITH DAVIS, CITY CLERK
RESOLUTION NO. 113-88
RESOLUTION APPROVING RIGHT-OF-WAY CERTIFICATION FOR THE
PROPOSED FAU PROJECT ON MAIN STREET BETWEEN SURF STREET AND
WILLOW CAMP CREEK
T H E C I T Y C O U N C I L
City of Morro Bay, California
WHEREAS, the property on which the proposed project
will take place is existing City street right-of-way; and
WHEREAS, the Federal Highway Administration (FHWA)
requires that the local agency adopt a Certification of
Right -of -Way.
NOW, THEREFORE, BE IT RESOLVED that the City Council of
the City of Morro Bay does hereby approve the Right-of-way
Certification for the proposed FAU project; and
BE IT FURTHER RESOLVED that the Mayor of the City of
Morro Bay is hereby authorized to sign said Certification 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 on the 24th Day of
October, 1988, by the following vote:
AYES: Donnelly, Lemons, Odell, Sheetz, Reddell
NOES: None
ABSENT: None
03 go M a 4 RR
ATTEST:
L
A DITH DAVIS, City Clerk
EXHIBIT 14-2d
1985-6
Right of Way Certification Format B
LOCAL AGENCY NAME
_ October 10,1988 05-SLO-0-MoBy
Date Identification Number
RIGHT OF WAY CERTIFICATION
M-Y356 ( )
Federal Program
Main Street
Street, oad: or Project Name
Willow Camp Ck. to Surf St.
Job Limits
Right of way acquisition was not required for the construction of
this project since all work is being done as set forth below:
1. STATUS OF RIGHT OF WAY ACQUISITION
All Construction is within existing Right of Way.
All right of way was acquired prior to July 1, 1972.
2. STATUS OF AFFECTED RAILROAD FACILITIES N/A
3. DESIGNATED MATERIAL SITES None
4. DESIGNATED DISPOSAL AREAS None
:•
EXHIBIT 14-2e
1985-6
5. UTILITIES
A. Status of Relocation
Company Type Facility Relocation Type
B. High and Low Risk
(1) IJ This will be a State administered project and the
high and low risk underground facilities meet
Caltrans requirements for minimum clearance.
or
(2) @ This will be a locally administered project and I
certify that (Local Agency) has been informed in
writing of Caltrans high and low risk underground
facilities policy. I am aware that the State
assumes no liability for compliance or non-
compliance with said policy.
6. SCHEDULE FOR REMOVAL OF IMPROVEMENTS AND OBSTRUCTIONS N/A
7. UNAUTHORIZED ENCROACHMENTS N/A
8. COMPLIANCE WITH FEDERAL AND STATE REQUIREMENTS REGARDING THE
ACQUISITION OF REAL PROPERTY .
The acquisition of right of way was not required.
9. COMPLIANCE WITH RELOCATION ADVISORY ASSISTANCE AND PAYMENTS
PROVISIONS OF FEDERAL AND STATE LAW
The project did not require the displacement of any persons
or business.
I HEREBY CERTIFY the right of way on this project as conforming to
Statement No. ( 1) of Paragraph 5c of FHPM 6-4-2-1.
AGENCY City of Morro Bay
By
ayor ALE REDDELL
Date 10-25-88
RESOLUTION NO. 112-88
TEMPORARY EMERGENCY CITY WATER SERVICE
1970 QUINTANA ROAD (KIRCHNER)
T H E C I T Y C O U N C I L
City of Morro Bay, California
WHEREAS, lack of adequate rainfall for two consecutive
years has depleted the groundwater aquifers in the Chorro
Creek Basin; and
WHEREAS, Jack and Vivian Kirchner residing outside the
City limits at 1970 Quintana Road have requested a temporary
emergency domestic water service for the duration of the
current dry period; and
WHEREAS, in 1985 Kirchner's domestic well went out of
service due to depleted groundwater aquifer conditions; and
WHEREAS, Morro Bay Municipal Code Section 13.04.010
allows the City to furnish water service to such areas
outside the City limits as the City Council may designate
subject to all other appropriate regulations relating to
water service connections.
NOW, THEREFORE, BE IT RESOLVED that the City Council of
the City of Morro Bay approves the request of Jack and
Vivian Kirchner at 1970 Quintana Road for a temporary
emergency domestic water service connection during the
current low water situation.
BE IT FURTHER RESOLVED said temporary service is
contingent upon the following conditions:
1. Access to City water shall only be available upon
demonstration satisfactory to the City that the well
has gone dry.
2. The Kirchners will be limited to a maximum water
use of 900 cubic feet per month subject to
disconnection if the limit is exceeded.
3. The City service will be discontinued as soon as
the Kirchner's domestic well has returned to reliable
service as determined by the City.
4. Use of said City water service is subject to any and
all restrictions or water conservation requirements
imposed by the City Council.
PASSED AND ADOPTED by the City Council of the City of
Morro Bay at a regular meeting held on the loth Day of
October 1988, by the following vote:
AYES: Donnelly, Odell, Sheetz, Reddell
NOES: None
ABSENT: Lemons
G�P2
DALE RED ELL, Mayor
ATTEST:
ARDITH DAVIS, City Clerk
lJ
RESOLUTION NO. 111-88
RESOLUTION OF INTENTION
TO APPROVE AN AMENDMENT TO CONTRACT
BETWEEN THE BOARD OF ADMINISTRATION
OF THE PUBLIC EMPLOYEES' RETIREMENT SYSTEM
AND THE CITY COUNCIL
OF THE CITY OF MORRO BAY, CALIFORNIA
WHEREAS, the
participation of
Public Employees'
contract, and set
agencies may elect
amendments to said
Public Employees' Retirement Law permits the
public agencies and their employees in the
Retirement System by the execution of a
s forth the procedure
to subject themselves
Law; and
by which said public
and their employees to
WHEREAS, one of the steps in the procedure to amend this
contract is the adoption by the governing body of the public
agency of a resolution giving notice of its intention to approve
an amendment to said contract, which resolution shall contain a
summary of the change proposed in said contract; and
WHEREAS, the following is a statement of the proposed
change:
To provide Section 20862.8 (Credit for Unused Sick
Leave) for local miscellaneous members.
NOW, THEREFORE, BE IT RESOLVED that the governing body of
the above agency does hereby give notice of intention to approve
an amendment to the Contract between the said governing body and
the Board of Administration of the Public Employees' Retirement
System, a copy of said amendment being attached hereto, as an
"Exhibit" and by this reference made a part thereof.
PASSED AND ADOPTED by the City Council of Morro Bay at a
regular meeting thereof held this loth day of October, 1988, by
the following roll call vote:
AYES: Donnelly, Odell, Sheetz Reddell
NOES: None
ABSENT: Lemons
e Da a Reddll, Mayor
ATTEST:
� ��
Ar ith Davis, City Clerk
RESOLUTION NO. 110-88
A RESOLUTION ACCEPTING THE OFFER OF DEDICATION
FOR AN BASEMENT ACROSS A PORTION OF
PARCEL MAP MBAL 87-333 FOR THE PURPOSE OF
AN OPEN SPACE AND CONSERVATION EASEMENT
AS DELINEATED ON THE MAP THEREOF
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, on the 2nd day of May, 1988, stipulated, as a condition
of approval for Parcel Map MBAL 87-333, an offer of an open space and
conservation dedication be made for an easement across a portion of
single family residential property for the purposes of "preserving and
protecting for the public benefit the great natural beauty, existing
openness, environmentally sensitive habitat, natural condition and
present state of use of said property; and
WHEREAS, the Parcel Map MBAL 87-333 is complete and contains the
required offer of dedication for the aforestated easement.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City
of Morro Bay, California, that it does accept on behalf of the public
this offer of dedication for an easement to "preserve and protect the
great natural beauty, existing openness, environmentally sensitive
habitat, natural condition and present state of use" as delineated on
Parcel Map MBAL 87-333.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of
Morro Bay, on the 26th day of September, 1988, by the following vote
to wit:
AYES: Donnelly, Lemons, Odell, Sheetz, Reddell
NOES: None
ABSENT: None
s
ATTEST:
iF�
APP OVED AS TO FORM:
vl/
City Attorney
RESOLUTION NO. 109-88
RESOLUTION APPROVING ASSIGNMENT OF LEASE FOR
LEASE SITES 62/62W (HITTLE'S LANDING) FROM
ROBERT E. AND MARILYN HITTLE TO BRUCE W. AND KATHY A. LEWIS
T H E C I T Y C O U N C I L
City of Morro Bay, California
WHEREAS, the existing Tenants, Robert E. and Marilyn
Hittle are obligated by the terms of a settlement agreement
with the City of Morro Bay, approved by City Resolution No.
12-88 on February 22, 1988, to sell and transfer said lease
for Lease Sites 62/62W and have the proposed buyer and
assignment approved by September 30, 1988; and
WHEREAS, Bruce W. and Kathy A. Lewis, the proposed buyers
and assignees, are hereby found to be acceptable tenants; and
NOW, THEREFORE, BE IT RESOLVED that consent is hereby
given by the City Council of the City of Morro Bay for
assignment of that certain lease executed February 16, 1988
for Lease Sites 62/62W to Bruce W. and Kathy A. Lewis, subject
to all existing terms and conditions in said lease and also
subject to receipt and approval of all required documents by
the City Attorney, prior to the end of September 30, 1988.
This consent to assignment is contingent upon escrow being
closed and the assignment fully consummated on or before the
end of September 30, 1988.
BE IT FURTHER RESOLVED that in the event that this
assignment of lease for Lease Sites 62/62W has not been
completed by the end of September 30, 1988 the City may
consider this assignment null, void and of no effect and the
terms of the settlement agreement between the City and Robert
E. and Marilyn Hittle shall prevail.
BE IT FURTHER RESOLVED that the Mayor and City Clerk are
hereby authorized to sign any and all required documents to
complete this agreement 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 26th day of
September, 1988, by the following roll call vote:
AYES: Donnelly, Lemons, Odell, Reddell
NOES: None
ABSENT: Sheetz
DALE REDDELL, MAYOR
ATTEST:
ao
ARDITH DAVIS, CITY CLERK
RESOLUTION NO. 108-88
A RESOLUTION ACCEPTING THE OFFER OF DEDICATION OF RIGHT-
OF-WAY ALONG THE FRONTAGES OF 360, 380, AND 390 ISLAND STREET AS
DEPICTED ON THE PARCEL MAP MBAL 87-333
T H E C I T Y C 0 U N C I L
City ❑f Morr❑ Bay, California
WHEREAS, the Planning Commission of the City of Morr❑
Bay, California, on the 2nd of May 1986, stipulated as a con-
dition of approval an offer of dedication of Right -of -Way be made
❑f that portion ❑f Island Street fronting 360, 380, and 390
Island Street; and
WHEREAS, Parcel Map MBAL 87-333 is complete and the offer ❑f
dedication is made thereon as required.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Morro Bay, California that it does accept ❑n behalf of the public
the offer of dedication of Public Right -of -Way as made ❑n Parcel
Map 67-333.
PASSED AND ADOPTED by the City Council of the City of Morro
at a regular meeting held thereof ❑n the 26th Day ❑f
September,1988, by the following vote:
AYES: Donnelly, Lemons, Odell, Sheetz, Reddell
NOES: None
ABSENT: None i 'gyp
DALE REDDELL, Mayor
ATTEST:
ARDITH DAVIS, CITY CLERK
RESOLUTION NO. 107-88
INSTITUTING MANDATORY WATER CONSERVATION
DURING THE PRESENT LOW-WATER SITUAIION
T H E C I T Y C O U N C I L
City ❑f Morro Bay, California
WHEREAS the City ❑f Morro Bay obtains the entirety of its
municipal water supply from groundwater wells in the underflows
of Morro and Chorro Creeks; and
WHERAS the rainfall which occurred the last tw❑ winters was
insufficient to adequately recharge the aquifers from which the
water supply is drawn; and
WHEREAS unprecedented intense agricultural irrigation
upstream of City wells in the Chorro Basin has contributed to the
depletion ❑f said aquifers; and
WHEREAS due t❑ said depletion of the aquifers the pumping
capacity of the City wells has been reduced by nine percent; and
WHEREAS said pumping capacity may continue to decline to the
point were the City may not be able to assure a sufficient supply
of water t❑ provide for its municipal demand without immediate
change in demand or weather patterns.
NOW, THEREFORE, BE IT RESOLVED that in accordance with
Municipal Code Sections 13.0L4.320 through 13.0q.3gO, the City
Council of th City ❑f Morro Bay hereby declares that the water
level in the City water system is low.
BE IT FURTHER RESOLVED that in order to conserve water
during the present low water period, the City Council hereby
institutes mandatory water conservation measures as described in
Attachment A hereto, and directs Staff to implement and enforce
these measures for the duration of the low water condition as
described and authorized in said sections ❑f the Morro Bay
Municipal Code.
PASSED AND ADOPTED by the City Council of the City of Morr❑
Bay at an emergency meeting thereof held the 21st day of
September, 1988 by the following roll call vote:
AYES: Donnelly, Lemons, Odell, Sheetz, Reddell
NOES: None
ABSENT: None
�_--
�— DALE REDDELL, Mayor
ATTEST:
ARDITH DAVIS, City Clerk
Cityof Morro Bay
y
595 Harbor St. • Morro Bay, CA 93442 • 805-772-1214
NOT I C E TO C ON S UMER S
MANDATORY WATER CONSERVATION MEASURES
Customers of the Morro Bay Municipal Water System, whether in or out of the
City limits, are hereby notified that due to a temporary seasonal depletion
of available water supply in the municipal well system, the Morro Bay City
Council adopted Resolution No. 107-88 on September 21, 1988 instituting the
following mandatory water conservation measures. These measures will be in
effect beginning at 6:00 a.m. on WEDNESDAY, SEPTEMBER 28, 1988, and will
continue for the duration of the present low-water condition. The Munici-
pal Code provides that failure to comply with these limitations may result
in a fine. REPEATED VIOLATIONS MAY RESULT IN TURNING OFF OF THE VIOLATOR'S
WATER SERVICE.
1. Outdoor irrigation
a. No outdoor irrigation is permitted between the hours of 10:00 AM
and 4:00 PM.
b. Use of automatic or sprinkler irrigation is prohibited. Hand
watering or manual -controlled drip systems shall be the only per-
mitted method of irrigation and only during established periods.
C. Irrigation of domestic landscaping and gardens is permitted at
even -numbered street addresses only on Wednesdays and Sundays,
and at odd -numbered street addresses only on Tuesdays and
Saturdays.
d. Irrigation of City parks and public school landscaping is
prohibited.
2. Marinas and Waterfront Installations
a. Use of fresh water to wash down boats, docks, or other incidental
activities is prohibited.
b. All hose bibs shall have spring -loaded shut -offs or similar con-
trolling devices.
3. Restaurants shall serve drinking water in response to a specific
request by a customer.
4. Use of water which results in gutter runoff is prohibited.
a. No water shall be used for cleaning of driveways, patios, parking
lots, sidewalks, streets, or other such uses.
b. Washing cars by use of a hose is prohibited. Use of a bucket is
permitted, and then subject to non -wasteful applications.
C. Hose down of buildings, washing of windows except by bucket, or
similar activities is prohibited.
5. Filling or refilling of swimming pools, hot tubs, or spas is
prohibited.
6. Use of potable.water for compaction or dust control purposes in con-
struction activities is prohibited.
NO. 106-88
RESOLUTION AUTHORIZING THE SUBMITTAL OF AN APPLICATION
FOR CALIFORNIANS AGAINST WASTE MODEL COMMUNITY WASTE
REDUCTION/RECYCLING PLANNING PROGRAM
THE CITY COUNCIL
City of Morro Bay, California
WHEREAS, Californians Against Waste (CAW), in cooperation
with the State of California Department of Conservation/Division
of Recycling (DOR), will select one California community that
presently has little or no recycling activities to serve as a
model for the research, development, and implementation of the
planning process for a comprehensive, state-of-the-art waste
reduction/recycling program; and
WHEREAS, said program will result in a creative and
implementable model waste reduction/recycling plan, including a
budget and promotion/public education strategy, that most
effectively uses the resources and potential of the selected
community; and
WHEREAS, the City of Morro Bay is acutely aware of the
national, state, and local solid waste disposal crisis and has
supported and encouraged recycling activities for a number of
years, including support of AB 2020/Bottle Bill enacted in 1986;
and
WHEREAS, the San Luis Obispo County Solid Waste Management
Plan of 1986 reflects a stronger emphasis on waste reduction and
recycling as suggested by the City of Morro Bay; and
WHEREAS, the North Coastal areas of San Luis Obispo County,
including the City of Morro Bay and the unincorporated communities
of Los Osos/Baywood Park, Cayucos, Cambria, and San Simeon,
currently dispose of their respective solid wastes at the Los Osos
Landfill, which is scheduled to be closed November 30, 1988; and
WHEREAS, a proposed waste transfer station to replace said
landfill is in the preliminary stages of site analysis and
selection and will not be constructed in the near future; and
WHEREAS, solid wastes from the aforesaid communities will be
transported to Cold Canyon Landfill approximately twenty-five
miles to the south of the Los Osos Landfill beginning December 1,
1988 and continuing until such time as a waste transfer station is
constructed in closer proximity to said communities; and
WHEREAS, said long distance transportation of solid wastes
for appropriate disposal will result in increased refuse
collection charges; and
WHEREAS, it is in the public interest for said communities to
reduce the volumes of solid wastes disposed at landfills through a
comprehensive waste reduction and recycling program; and
WHEREAS, the development of such a program requires the
technical expertise of an experienced recycling consultant due to
the complexity of available waste reduction and recycling
alternatives and related economics and market volatility; and
WHEREAS, said communities have limited financial resources;
and
WHEREAS, the City of Morro Bay Refuse Collection Franchise
Board, an advisory body to the City Council, has recently been
discussing the need to hire an experienced recycling consultant to
develop a comprehensive recycling plan for Morro Bay and creative
methods of financing such a program; and
WHEREAS, said communities each have a strong interest in
waste reduction and recycling, but have been unable to expand
waste reduction and recycling efforts beyond existing minimal
levels due to the aforesaid complexity as well as personnel and
financial constraints; and
WHEREAS, the CAW Model Community Waste Reduction/Recycling
Planning Program will meet a significant need in said communities
and foster inter -community and intergovernmental cooperation and
coordination to mitigate the solid waste disposal crisis in the
North Coast area of San Luis Obispo County.
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 the CAW Model Community Waste Reduction/Recycling
Planning Program as described hereinabove, sign all related
documents, and work with the County of San Luis Obispo and the
aforesaid unincorporated communities as appropriate.
PASSED AND ADOPTED by the City Council of the City of Morro
Bay at a regular meeting held thereof on the 26th day of
September, 1988 on the following vote:
AYES: Donnelly, Lemons, Odell, Reddell
NOES: None
ABSENT: Sheetz
ATTEST:
DA�LEREDDELL,
ARDITH DAVIS, City Clerk
RESOLUTION 104-88
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY
ANNOUNCING ITS INTENTION TO ADOPT AN IN -LIEU PARKING FEE
ORDINANCE AS AN AMENDMENT TO SECTION 17.44 OF THE MUNICIPAL CODE
AND REFERRING THE DRAFT ORDINANCE TO THE PLANNING COMMISSION FOR
REVIEW AND RESPONSE
THE CITY COUNCIL
City of Morro Bay, California
WHEREAS, The City Council recognizes that methods for
providing new and additional parking to serve expansion of
existing, or provision of new commercial uses are limited and
that additional solutions to the City's long term parking
requirements are needed in order to provide for the orderly
development of the City; and
WHEREAS, the certified Local Coastal Program including the
Land Use Plan and the zoning ordinance contain numerous
provisions directing the formulation of a parking management plan
and a related in -lieu fee ordinance; and
WHEREAS, The City Council on August 22, 1988 considered and
approved in concept a Parking Management Plan prepared by the
City staff, adopted Phase I of said plan, and further directed
staff to prepare a draft in -lieu fee ordinance for consideration;
and
WHEREAS, The City Council received a draft in -lieu fee
ordinance for consideration on September 12, 1988 which is
proposed to be an amendment to section 17.44 of the Municipal
Code; and
WHEREAS, It is the intention of the City Council to consider
adoption of an in -lieu fee ordinance at the Council meeting of
October 11, 1988 which is the same or similar to the draft
ordinance attached hereto; and
WHEREAS, Adoption of an in -lieu fee ordinance is considered
as a matter or urgency in order to comply with the certified
Local Coastal Program and to meet demonstrated parking needs, and
WHEREAS, Amendments to the zoning ordinance must be
considered by the Planning Commission before formal adoption by
the City Council,
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the
the City of Morro Bay, California as follows:
1. That the above recitations are true and correct and
constitute the findings of the Council in this matter; and,
City Council Resolution
Page Two
2. The attached draft in -lieu fee ordinance dated September 12,
1988 is hereby transmitted to the Planning Commission for
formal review and recommendation back to the City Council;
and,
3. The Planning Commission is respectfully requested to
consider the matter and conclude its recommendations at its
meeting of October 3, 1988.
PASSED, APPROVED, AND ADOPTED, by the City Council of the
City of Morro Bay, on the 12th day of September, 1988, by the
following vote to wit:
AYES: Donnelly, Lemons, Odell, Sheetz, Reddell
NOES: None
ABSENT: None
ayor
RESOLUTION NO. 103-88
RESOLUTION AUTHORIZING THE SUBMITTAL OF APPLICATIONS FOR URBAN
MASS TRANSPORTATION ACT (UMTA) SECTION 18 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 applications for UMTA Section 18
Capital Project Grant funds as follows:
Application #1: Transit van rehabilitation
Application #2: Computerized fuel dispersal/fleet
maintenance system and replacement of underground fuel storage
tanks at City Corporation Yard.
WHEREAS, the City Council approves of the proposed project
descriptions as shown on Exhibits A and B 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
applications for UMTA Section 18 Capital Project Grant funds to
the State Department of Transportation (Caltrans) as described in
Exhibits A and B, and sign the grant applications 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 12th day of September,
1988 by the following vote:
AYES: Donnelly, Lemons, Odell, Sheetz, Reddell
NOES: None
ABSENT: None
D
DALE REDDELL, Mayor
ATTEST:
) zy�o
ARDITH DAVIS, City Clerk
EXHIBIT A
Rehabilitate one 1982 Wide -
One transit van, 14-passen-
ger capacity, including new
engine and transmission,
rehabilitation of wheelchair
lift and suspension, replace
floor covering, replace
floor if necessary, repair
of body and repainting, add
brake retarder, install new
wiring related to conversion
to transit use, and provide
the latest technological
improvements.
Sales Tax
Total
NEW PROJECT TOTAL
TOTAL FEDERAL SHARE (80%)
TOTAL LOCAL SHARE (20% MATCH)
Local matching funds will be
derived from State Transit
Assistance, Transportation
Development Act, and/or City
General Fund monies. If local
revenue sources are combined
to meet the local matching
requirement, specific amounts
from each source are unknown
at this time.
ESTIMATED TOTAL COST
$18,868
1,132
$20,000
20 000
$16,000
$ 4,000
Computerized fuel
fleet maintenance
including new fuel
replacement of three
fuel storage tank
Corporation Yard.
EXHIBIT B
dispersal/
system,
pumps, and
underground
s at City
Sales Tax
Total
NET PROJECT TOTAL
TOTAL FEDERAL SHARE (26%)
TOTAL LOCAL SHARE (74%) MATCH
Local matching funds will be
derived from State Transit
Assistance, Transportation
Development Act, and/or City
General Fund monies. If local
revenue sources are combined to
meet the local matching require-
ment, specific amounts from each
source are unknown at this time.
ESTIMATED TOTAL COST
$81,132
4,868
86,000
22,700
63,300
RESOLUTION NO. 102-88
RESOLUTION AWARDING CONTRACTS FOR PROJECT NO. PW88-244 FOR
REPLACEMENT DIAL -A -RIDE COMMUNICATION SYSTEM
THE CITY COUNCIL
City of Morro Bay, California
WHEREAS, the City has been awarded a capital grant for the
replacement of the existing Morro Bay Dial -A -Ride (DAR)
communication system, including radio and telephone equipment,
pursuant to Section 18 of the Urban Mass Transportation Act (UMTA)
of 1964 in an amount not to exceed $13,200; and
WHEREAS, the City budgeted $4,060 in the FY 1987/88 Adopted
Budget to fund the local match for said grant; and
WHEREAS, the City has complied with purchase procedures for
said project pursuant to UMTA and Caltrans regulations and as
approved by representatives of the San Luis Obispo Area
Coordinating Council and Caltrans.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Morro Bay to award contracts for Project No. PW88-244 for
the replacement of the existing DAR communication system as
follows:
1. To Motorola Communications and Electronics, Inc. for the
radio portion of said system in the amount of $13,101.49; and
2. To Mid -State Sound and Telephone for the telephone portion of
said system in the amount of $4,042.50.
PASSED AND ADOPTED by the City Council of the City of Morro
Bay at a regular meeting thereof held the 12th day of September,
1988 by the following roll call vote:
AYES: Donnelly, Lemons, Odell, Sheetz, Reddell
NOES: None
ABSENT: None
DALE REDDELL, Mayor
ATTEST:
ARDITH DAVIS, City Clerk
RESOLUTION NO. 101-88
A RESOLUTION CALLING FOR SEALED PROPOSALS
MIMOSA STREET ASSESSMENT DISTRICT
THE CITY COUNCIL
CITY OF MORRO BAY, CALIFORNIA
WHEREAS, the City Council of the City of Morro Bay did, on
the 26th day of January, 1987, adopt its Resolution of Intention
No. 6-87 to acquire and construct improvements to standards
required by the City of Morro Bay, all as more particularly
described and set forth in said Resolution of Intention.
NOW, THEREFORE BE IT RESOLVED by the City Council of the City
of Morro Bay as follows:
1. The City Clerk is hereby directed to publish once a week for
two weeks in the local newspaper published and circulated in the
City, a notice inviting sealed proposals or bids for the
construction of said improvements, and referring to the plans and
specifications on file in the office of said City Clerk, the first
publication of which notice shall be at least fourteen (14) days
prior to the time fixed for opening bids.
2. All proposals or bids shall be accompanied by a cashier's or
certified check payable to the order of the City amounting to ten
percent (10%) of the bids, or by a bond in said amount and payable
to said City signed by the bidder and a corporate surety or by the
bidder and two sureties who shall justify before any officer
competent to administer an oath, in double said amount and above
all statutory exemptions. Said check shall be forfeited or said
bond shall become payable to said City in case the bidder
depositing the same does not, within fifteen (15) days after
written notice that the contract has been awarded to him enter
into a contract with the City.
3. Said sealed proposals or bids shall be delivered to the City
Clerk on or before 2:00 o'clock p.m. on the 4th day of October,
1988, and shall be referred to the City Council at its meeting
scheduled for October 10, 1988 for further action. Bids will be
publicly opened, examined and declared on said day and hour.
PASSED, APPROVED AND ADOPTED by the City Council of the City
of Morro Bay, California, at a regular meeting thereof held on the
12th day of September, 1988, by the following vote of the members
thereof.
AYES: Donnelly, Lemons, Odell, Sheetz, Reddell
NOES: None
ABSENT: None
ABSTAIN: None
PROVED
Dale Reddell, Mayor
ATTEST*
Ardith Davis, City Clerk
RESOLUTION NO. 100-88
A RESOLUTION ESTABLISHING PREVAILING WAGE SCALE
MIMOSA STREET ASSESSMENT DISTRICT
THE CITY COUNCIL
CITY OF MORRO BAY, CALIFORNIA
WHEREAS, the City Council of the City of Morro Bay has
ascertained the general prevailing rate of per diem wages in the
locally in which public work is proposed to be performed for work
of a similar character to that described in Resolution of
Intention No. 6-87, adopted January 26, 1987; and
WHEREAS, said rate of per diem wages is set forth and
contained in the specifications for said project, copies of which
are on file in the office of the Engineer of Work and also in the
office of the City Clerk; and
WHEREAS, the City Council has duly considered said scale and
finds the same to be correct in all particulars.
NOW, THEREFORE BE IT RESOLVED by the City Council of the City
of Morro Bay as follows:
1. Said wage scale as set forth in said specifications is
hereby established and adopted as the prevailing rate of per diem
wages for work of a similar character to that above described in
the locality in which such public work is proposed to be
performed.
2. No less than said prevailing rate of per diem wages be
paid for any work proposed to be performed under said Resolution
of Intention.
PASSED, APPROVED AND ADOPTED by the City Council of the City
of Morro Bay, California, at a regular meeting thereof held on the
12th day of September, 1988, by the following vote of the members
thereof:
AYES: Donnelly, Lemons, Odell, Sheetz, Reddell
NOES: None
ABSENT: None
ABSTAIN: None
Dale Reddell, Mayor
ATTEST:
Ardith Davis, City Clerk
RESOLUTION NO. 99-88
A RESOLUTION APPOINTING TIME AND PLACE OF HEARING
PROTESTS IN RELATION TO PROPOSED ACQUISITION AND
CONSTRUCTION OF IMPROVEMENTS, AND DIRECTING NOTICE
MIMOSA STREET ASSESSMENT DISTRICT
THE CITY COUNCIL
CITY OF MORRO BAY, CALIFORNIA
WHEREAS, pursuant to Resolution of Intention No. 6-87 adopted
on the 26th day of January, 1987 by the City Council pursuant to
the Municipal Improvement Act of 1913 as amended, the Engineer of
Work of said City has filed with the City Clerk the written report
called for under said Act and by said Resolution of Intention,
which report has been presented by said Engineer of Work to this
Council and this Council has preliminarily approved and confirmed
said report and ordered that the same stand as the report for the
purpose of all subsequent proceedings pursuant to said Resolution
of Intention.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Morro Bay that October 24, 1988, at the hour of 6:00
o'clock p.m., in the regular meeting place of said Council, (Morro
Bay Veteran's Hall, 209 Surf Street, Morro Bay, California) is
hereby appointed and fixed as the time and place when and where it
will consider and finally act upon the Engineer's Report under
said Resolution of Intention.
BE IT FURTHER REVOLVED that the City Clerk is hereby directed
to give notice of said hearing once a week for two weeks in the
local newspaper published and circulated in said City, and by
conspicuously posting a notice thereof along all open streets
within the assessment district at not more than three hundred feet
apart, and not less than three in all; said posting and first
publication to be had and completed at least twenty (20) days
before the date herein set for hearing of protests.
BE IT FURTHER RESOLVED that said notices shall be headed
"Notice of Improvement" in letters of not less than one inch in
height and shall, in legible characters, state the fact and date
of the passage of said Resolution of Intention and of the filing
of said report and the date, hour and place set for the hearing of
said protests, and briefly describe the acquisition and
construction of improvements proposed to be made, and refer to
said Resolution of Intention and report for further particulars.
BE IT FURTHER RESOLVED that the City Clerk shall mail or
cause to be mailed notice of the adoption of said Resolution of
Intention and of the filing of said report, postage prepaid, at
least twenty days before the date set for hearing of said
protests, to all persons owning real property to be assessed,
whose names and addresses appear on the last equalized assessment
roll for County taxes prior thereto or as known to the City Clerk,
which notice shall contain a statement of the time, place and
purpose of this hearing on said Resolution of Intention and report
and a statement of the total estimated cost of said proposed
acquisition and construction of improvements, the amount as shown
by said report to be assessed against the particular parcel
covered by the notice, together with a statement that any person
interested may file a protest in writing as provided in said Act.
PASSED, APPROVED AND ADOPTED by the City Council of the City
of Morro Bay, California, at a regular meeting thereof held on the
12th day of September, 1988, by the following vote of the members
thereof:
AYES: Donnelly, Lemons, Odell, Sheetz, Reddell
NOES: None
ABSENT: None
ABSTAIN: None
AP OVED:
Dale Reddell, Mayor
ATTEST:
Ardith Davis, City Clerk
RESOLUTION NO. 98-88
A RESOLUTION OF PRELIMINARY APPROVAL OF ENGINEER'S REPORT
MIMOSA STREET ASSESSMENT DISTRICT
THE CITY COUNCIL
CITY OF MORRO BAY, CALIFORNIA
WHEREAS, on the 26th day of January, 1987, said City Council
did adopt Resolution of Intention No. 6-87 to acquire and
construct improvements in said City, and did refer the proposed
acquisitions and improvements to the Engineer of Work, he being
the officer having charge and control of the acquisition and
construction of public improvements in and for said City of the
kind described therein and being a competent person employed by
said City for that purpose, and did therein direct said Engineer
of Work to make and file with the City Clerk a report in writing
all as therein more particularly described, under and pursuant to
the Municipal Improvement Act of 1913, as amended; and
WHEREAS, said Engineer of Work has made and filed with the
City Clerk a report in writing as called for in said Resolution of
Intention and under and pursuant to said Act, which report has
been presented to this Council for consideration; and
WHEREAS, said Council has duly considered said report and
each and every part thereof, and finds that each and every part of
said report is sufficient, and that said report, nor any part
thereof requires or should be modified in any respect.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Morro Bay as follows:
1. The schematic plans and specifications for the proposed
improvements contained in said report are hereby preliminarily
approved and confirmed.
2. The Engineer's estimate of the itemized and total costs
and expenses of said acquisition and construction of improvements
and of the incidental expenses in connection therewith, contained
in said report are hereby preliminarily approved and confirmed.
3. The diagram showing the assessment district referred to
and described in said Resolution of Intention and also the
boundaries and dimensions of the respective subdivisions of land
within said assessment district as the same existed at the time of
passage of said Resolution of Intention is hereby preliminarily
approved and confirmed.
4. The proposed assessments upon the several subdivisions of
land in said assessment district in proportion to the estimated
benefits to be received by such subdivisions, respectively, from
said acquisition and construction of improvements, and of the
incidental expenses thereof, as contained in said report are
hereby preliminarily approved and confirmed.
5. The maps and descriptions of the lands and easements to
be acquired contained in said report are hereby preliminarily
approved and confirmed.
6. Said report shall stand as the Engineer's Report for the
purpose of all subsequent proceedings had pursuant to said
Resolution of Intention.
PASSED, APPROVED AND ADOPTED by the City Council of the City
of Morro Bay, California, at a regular meeting thereof held on the
12th day of September, 1988, by the following vote of the members
thereof:
AYES: Donnelly, Lemons, Odell, Sheetz, Reddell
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST:
Ardith Davis, City Clerk
APP COVED:
Dale Reddell, Mayor
RESOLUTION NO. 97-88
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF MORRO BAY, ANNOUNCING FINDINGS AND UPHOLDING THE APPEAL
AND APPROVING A CONDITIONAL USE PERMIT WITH MODIFIED CONDITIONS
TO ALLOW THE CONTINUED OPERATION OF A VACUUM -TYPE FISH UNLOADING
DEVICE
T H E C I T Y C O U N C I L
City of Morro Bay, California
CASE NO. CUP 41-86 (AMENDED)
WHEREAS, the Planning Commission of the City of Morro Bay,
California, on the 8th day of April, 1988, the 16th and 31st
days of May, 1988 held a duly noticed PUBLIC HEARINGS to
consider the request of Orval Leage to allow the continued
operation of a vacuum -type fish unloading device located at 235
Main Street in the R-1/PD and WF/PD zones more particularly
described as:
APN: 66-251-09
Lots 1-13, Block 1
Morro Rock Park
City Of Morro Bay
County of San Luis Obispo
State of California
WHEREAS, said project has complied with the City of Morro
Bay objectives, criteria and procedures for implementation of the
California Environmental Quality Act, (CEQA), in that the project
has been found to be Categorically Exempt and no further
documentation is deemed necessary; and
WHEREAS, after said PUBLIC HEARINGS the Planning Commission
did approve Case No. CUP 41-86 (Amended) by adoption of Planning
Commission Resolution No. 26-88 with conditions; and
WHEREAS, on the 6th day of June, 1988 Mr. Leage did appeal
the conditions of approval adopted by the Planning Commission;
and
WHEREAS, on the the City Council did continue their
consideration of the appeal to the 22nd day of August, at the
request of Mr. Leage; and
WHEREAS, on the 22nd day of August, 1988, the City Council
of the City of Morro Bay, California, held a duly noticed PUBLIC
HEARING to consider the appeal made by Mr. Leage of the
conditions of approval adopted by Planning Commission; and
City Council Resolution No. 97-88
Page Two
WHEREAS, at said PUBLIC HEARING, after considering the staff
report, Planning Commission recommendation and the arguments of
all persons, wishing to testify, the City Council found the
following facts and reasons to justify upholding the appeal of
Mr. Leage and to modify the Conditions of Approval:
1. The use requested is properly one for the R-1/PD and WF/PD
zones, and is consistent with the policies and objectives of
the Morro Bay General Plan and Certified Local Coastal
Program;
2. The establishment, maintenance, or operation of the
requested use will not under the circumstances of this
particular case, be detrimental to the health, safety,
morals, comfort and general welfare of the persons residing
or working in the neighborhood of this proposed use;
3. The use requested will not be injurious or detrimental to
property and improvements in the neighborhood or general
welfare of the City.
NOW, THEREFORE, BE IT RESOLVED, by the
City
Council of the
City
of Morro Bay, California, as follows:
1.
That the above recitations are true
and
correct and
constitute the findings of the Council in
this
matter; and,
2.
That the Council does hereby uphold the
appeal
and approve
Case No. CUP 41-86 (Amended), subject
to
the modified
conditions attached hereto.
PASSED, APPROVED, AND ADOPTED, by the
City
Council of the
City
of Morro Bay, on the 12th day of September,
1988, by the
following vote to wit:
AYES: Donnelly, Lemons, Odell, Sheetz, Reddell
NOES: None
--ftone
ITH
.� DAVIS,-City
CONDITIONS OF APPROVAL
Case No. CUP 41-86(Amended)
STANDARD CONDITIONS
1. This Conditional Use Permit is granted for the land
described in the application and any attachments thereto,
and on file with the Community Development Department. The
locations of all buildings and other features shall be
located and designed substantially as shown on the
aforementioned exhibit, unless otherwise specified herein.
2. Unless the construction or operation of the structure or
facility is commenced not later than one (1) year after the
effective date of this approval and is diligently pursued
thereafter, this approval will automatically become null and
void; provided, however, that upon the written request of
the applicant, prior to the expiration of this approval, an
extension for not more than one (1) additional year may be
granted by the Community Development Director, upon finding
that the project complies with all applicable provisions of
the Morro Bay Municipal Code in effect at the time of the
extension request.
3. Any minor change may be approved by the 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 Community Development Director and/or as
authorized by the Planning Commission. Failure to comply
with these conditions shall render this entitlement null and
void. Continuation of the use without a valid entitlement
will constitute a violation of the Morro Bay Municipal Code
and is a misdemeanor.
Conditions of Approval CUP 41-86 (Amended)
Page Two
SPECIAL CONDITIONS
7. The subject machine shall not be operated on Saturdays, but
may be operated on Sundays, between the hours of 9:00 a.m.
and 6:00 p.m. and on Monday through Friday between the hours
of 8:00 a.m. to 6:00 p.m.
8. No trucks used to transport fish unloaded by the subject
machine shall be loaded or unloaded, driven on -site or
allowed to run their motors between the hours of 8:00 p.m.
and 7:00 a.m.
9. Truck traffic for transporting fish unloaded by the subject
machine shall be limited to not more than five (S) trips to
and from the site per day.
10. Noise generated by the operation shall be maintained within
applicable City standards.
RESOLUTION NO. 96-88
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF MORRO BAY, ANNOUNCING FINDINGS AND DENYING THE APPEAL
AND APPROVING A COASTAL DEVELOPMENT PERMIT AND TENTATIVE PARCEL
MAP FOR A 40-UNIT LOW-INCOME HOUSING PROJECT
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, on the 5th day of July, 1988 held a duly noticed
PUBLIC HEARING to consider the request of People's Self Help
Housing Corporation (PSHHC) for a Coastal Development Permit and
Tentative Parcel Map to allow a 40-unit Housing and Urban
Development (HUD) financed, rental housing project for low-
income, elderly, and handicapped persons. The subject property
is a part of a three -acre site and is more particularly described
as:
A portion of lot 26 of the
Rancho Moro Y Cayucos
described in Deed 1376 or 117
Also, Parcel "B" of Parcel Map MB 33-151
recorded September 3, 1985
City of Morro Bay
County of San Luis Obispo
State of California
WHEREAS, after said PUBLIC HEARINGS the Planning Commission
did approve Case No. CDP 73-88R/MB 88-121 by adoption of Planning
Commission Resolution No. 40-88; and
WHEREAS, the Environmental Coordinator determined that the
project will not result in a significant adverse impact on the
environment, and therefore, qualifies for the filing of a
mitigated Negative Declaration for purposes of the California
Environmental Quality Act; and
WHEREAS, on the 15th day of July, 1988 Mr. Keith Wimer and
Mrs. Phyllis Kannely appealed the action by the Planning
Commission; and
WHEREAS, on the 22nd day of August, 1988, the City Council
of the City of Morro Bay, California, held a duly noticed PUBLIC
HEARING to consider the appeal of the Planning Commission action;
and
WHEREAS, at said PUBLIC HEARING, after considering the staff
report, Planning Commission recommendation and the arguments of
all persons, wishing to testify, the City Council found the
following facts and reasons to justify approval of Case No. CDP
73-88R/MB 88-121:
City Council Resol4on No. 96-88 •
Page Two
COASTAL DEVELOPMENT PERMIT
1. The proposed project is properly one for the R-2 zone, and
is consistent with the policies and objectives of the Morro
Bay General Plan and Local Coastal Program.
TENTATIVE PARCEL MAP
1. That the proposed subdivision is consistent with the Morro
Bay General Plan, Coastal Land Use Plan and applicable
zoning measures; and
2. That the design of the subdivision and the type of
improvements as conditioned will not cause significant
public health problems or environmental impacts; and
3. That the site is physically suitable for the type of
development proposed;
4. That the proposed subdivision is consistent with the housing
needs of the region; and
5. That the design affords opportunities for passive solar
heating and cooling opportunities.
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 deny the appeal and approve of
Case Nos. CDP 73-88R and Tentative Parcel Map MB 88-121,
subject to the conditions attached hereto.
PASSED, APPROVED, AND ADOPTED, by the City Council of the
City of Morro Bay, on the 12th day of September, 1988, by the
following vote to wit:
AYES: Donnelly, Lemons, Sheetz, Reddell
NOES: None
ABSENT: None
ABSTAIN: Odell
'4044a J4
CONDITIONS OF APPROVAL
Case No. CDP 73-88R/MB 88-121
STANDARD CONDITIONS
1. This Coastal Development Permit and Tentative Parcel Map is
granted for the land described in the application and any
attachments thereto, and on file with the Community
Development Department. The locations of all buildings and
other features shall be located and designed substantially
as shown on the aforementioned exhibits, unless otherwise
specified herein.
2. Unless the final map is filed and recorded not later than 24
months after. the date of this action, thereafter, this
approval will automatically become null and void.
Furthermore, if construction is not commenced within one (1)
year of the date of recordation of the final map, this
approval will automatically become null and void.
3. Any minor change may be approved by the 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
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 Community Development Director and/or as
authorized by the Planning Commission. Failure to comply
with these conditions shall render this entitlement null and
void. Continuation of the use without a valid entitlement
will constitute a violation of the Morro Bay Municipal Code
and is a misdemeanor.
N
Conditions of Approval
Case Nos. CDP 73-88R/MB 88-121
Page Two
SPECIAL CONDITIONS
7. Prior to recordation of the final map, the applicant shall
submit a grading and drainage plan, including engineering
calculations, that demonstrate the proposed on -site storm
drain facilities are capable of carrying peak flow run-off
from a 25-year storm. In addition, applicant shall
demonstrate that increased drainage in Elena Street
generated by the project will not exceed the present or
proposed capacity of the existing storm drain system in said
street.
8. No construction shall take place prior to the award and
approval of any necessary water equivalencies.
9. 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 Chief Building Official.
10. All utilities on -site including electrical, telephone, and
cable television shall be installed underground.
11. All refuse locations shall be screened in a manner to be
approved by the Director.
12. Prior the. the issuance of a building permit, the applicant
shall pay a fee for anticipated improvements at the
following intersections:
a. San Jacinto, Main Street, Alder Avenue, and State
Highway One;
b. Elena Street and Main Street; and
C. Main Street, Highway One, and Highway 41.
Said fee shall be a share of the cost of said improvements
proportional to increased traffic generated by the subject
project at said intersections as estimated by a traffic
engineer and subject to the approval by the City Engineer.
Said fee shall be placed in a special fund and used strictly
for the planning, design or construction of improvements to
those intersections.
13. The applicant shall provide a centralized security mail
delivery station as approved by the U.S. Postal Service.
Specific locations for the stations shall be approved by the
Director.
Conditions of Approval
Case Nos. CDP 73-88R/MB 88-121
Page Three
14. The applicant shall install a fire hydrant near the westerly
driveway as required by and approved by the City Engineer.
15. The applicant shall install additional fire protection
systems as required by the Fire Chief. These systems shall
include, but are not limited to, the following items:
a. Smoke detectors shall be installed in each unit and
shall be hard -wired;
b. Fire extinguishers shall be provided in locations
approved by the Fire Chief; and
C. A fire alarm system shall be required and approved by
the Fire Chief.
In addition, the applicant shall
resistive roof shingles as approved
Address numbers shall be at least four
be placed in a clearly visible location
each dwelling unit. The location of
be approved by the Fire Department.
install permanently
by the Fire Chief.
inches high and shall
near the entrance to
address numbers shall
16. Prior to building permit issuance, the applicant shall pay a
fire impact fee of $1,800.00. Said fee shall be placed in a
special account and used to offset fire equipment costs
generated by new development.
17. All public improvements are to be designed in accordance
with City standards and shall be subject to approval by the
City Engineer.
18. No building permit shall be issued until the final tract map
is approved and recorded.
19. Prior to building permit issuance, the applicant shall
submit exhibits of the proposed exterior colors and
materials to the Director.
20. No parking signs shall be posted along both driveways in a
manner approved by the Director and Fire Chief.
Conditions of Approval
Case Nos. CDP 73-88R/MB 88-121
Page Four
21. Prior to recordation of the final map, applicant shall pay
to the City park in -lieu fees as calculated by the City
Engineer pursuant to Title 16 of the Morro Bay Municipal
Code.
22. The applicant shall install curb, gutter, and six-foot wide
sidewalk along the entire frontage of the proposed project.
23. The applicant shall submit an estimate of peak fire flow
demand for the subject project to be approved by the City
Engineer.
24. All water meters for on -site domestic water systems shall be
located adjacent to the property line on Elena Street. All
on -site domestic and first systems shall be owned and
maintained by the property owners. On -site fire system
shall have adequate backflow prevention facilities located
adjacent to Elena Street as required by state and municipal
codes. On -site fire and domestic water system shall be
completely separate with adequate backflow and cross
connection controls so that no domestic use of the fire
system will occur.
25. The applicant shall, if necessary and as determined by the
City Engineer construct an 8" sewer main in Elena Street
from the project frontage to Main Street. Construction of
such a facility shall be done in accordance with City
Standards, Drawings and Sppecifications at no cost to the
City.- —The applicant shall- provide arl engineering designs
subject to the review and approval of the City Engineer.
The applicant shall be further required to provide financial
security in the amount of 150% of the estimated cost of the
project prior to construction of the facility.
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CASE NO.
EXHIBIT
JOHN V. MUTLOW A.I.A.
Lx 670 , ��. Lafla-1-o4ke
typical
unit plan
6. Z4 .6b.
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CASE NO.
EXHIBIT CD? 73-99R.z
Mb 88 - 124
JOHN V. ,!U I L.JYY AAA.
670 S. Lafarette Pk. P1.
Lea APSAx, Cafflornin 15CM-7
(211) 381-7067
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Unit plan
CASE NO.
„E„
EXHIBIT CDF i3-fY
JOFW V. MUTLOW A.I.A.
670 S. Lafayette Pk. PI.
Loa Angeles, California 90057
(M) 381.7067
415 -w- uEr
4952 hP G29
¢ffici¢ncy
unit plan
6 ,
0 i
RESOLUTION NO. 95-00
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF MORRO BAY, ANNOUNCING FINDINGS DENYING THE APPEAL AND
APPROVING A SIGN EXCEPTION PERMIT
T H E' C I T Y C 0 U N C I L
City of Morro Bay, California
CASE NO. SIGN 03-88
WHEREAS, the Planning Commission of the City of Morro Bay,
California, on the 5th and 18th day of July, 1988 held a duly
noticed PUBLIC HEARINGS to consider the request of Morro Gardens
Motel (Jane Briggs) for a Sign Exception Permit to allow an
attraction board sign to advertise motel room rates, located at
440 Atascadero Road, more particularly described as:
APN: 68-283-16
Lot 11, Block 3
Tract No. 47
City of Morro Bay
County of San Luis Obispo
State of California
WHEREAS, after said PUBLIC HEARINGS the Planning Commission
did approve the request by adoption of Planning Commission
Resolution No. 47-88; and
WHEREAS, the Environmental Coordinator determined that the
will not result in a significant adverse impact on the
environment, and has been fount to be Categorically Exempt for
purposes of the California Environmental Quality Act; and
WHEREAS, on the 25th day of July, 1988 Mr. Ed Biaggini,
representing the Motel and Restaurant Association, appealed the
Planning Commission action; and
WHEREAS, on August 22, 1988, the City Council of the City
of Morro Bay, California, held a duly noticed PUBLIC HEARING to
consider the appeal; and
WHEREAS, at said PUBLIC HEARING, after considering the staff
report, Planning Commission recommendation and the arguments of
all persons, wishing to testify, the City Council found the
following facts and reasons to justify approval of the Planning
Commission action:
1. That the request is not contrary to the purpose of the Sign
Ordinance;
2. The request will not be materially detrimental to the
health, safety, comfort, and general welfare of the City;
i 0
City Council Resolution No. 95-88
Page Two
3. The request can be conditioned to mitigate any adverse
effects;
4. The subject property is located in a visually degraded part
of the City where additional marketing techniques, such as
the advertising of motel room rates, are warranted; and
5. The subject request represents a special circumstance
relative to geographic conditions and shall not be construed
as precedent setting.
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 deny the appeal and approve of
Case No. SIGN 03-88, subject to the conditions attached
hereto.
PASSED, APPROVED, AND ADOPTED, by the City Council of the
City of Morro Bay, on the 12th day of September, 1988, by the
following vote to wit:
AYES: Donnelly, Lemons, Odell, Sheetz, Reddell
NOES: None
ABSENT: None
DDELL, Mayor
City--Cle TR
0)
0.
CONDITIONS OF APPROVAL
Case No. SIGN 03-88
STANDARD_ CONDITIONS
1. This Sign Exception Permit, is granted for the land
described in the application and any attachments thereto,
and as shown on Exhibit A, and on file with the Community
Development Department. The locations of all buildings and
other features shall be located and designed substantially
as shown on the aforementioned exhibit, unless otherwise
specified herein.
2. Unless the construction or operation of the structure or
facility is commenced not later than one (1) year after the
effective date of this approval and is diligently pursued
thereafter, this approval will automatically become null and
void; provided, however, that upon the written request of
the applicant, prior to the expiration of this approval, an
extension for not more than one (1) additional year may be
granted by the Community Development Director, upon finding
that the project complies with all applicable provisions of
the Morro Bay Municipal Code in effect at the time of the
extension request.
3. Any minor change may be approved by the 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.
S. 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 Community Development Director and/or as
authorized by the Planning Commission. Failure to comply
with these conditions shall render this entitlement null and
void. Continuation of the use without a valid entitlement
will constitute a violation of the Morro Bay Municipal Code
and is a misdemeanor.
Conditions of Approval
Page Two
SPECIAL CONDITIONS
7. Motel room rates shall be advertised on the attraction
board only. Total sign area devoted to the advertising
of motel rates shall not exceed five (5) square feet.
B. Portable signs or posters, and banners of a
miscellaneous or temporary character which are tacked,
Painted, pasted, or otherwise, placed or affixed and
made visible from a public right-of-way which advertise
motel prices shall be prohibited.
NO. 94-88
RESOLUTION AWARDING 20 YEAR LEASE FOR LEASE SITE 150
TO DAN H. WIXOM, DBA: WIXOM CONCRETE, INC.
T H E C I T Y C O U N C I L
City of Morro Bay, California
WHEREAS, the Cayucos Sanitary District and the City of
Morro Bay are joint lessors of certain property described as
Lease Site No. 150; and
WHEREAS, Dan H. Wixom, the current lessee of said
property has requested an extension of his lease and has
negotiated a 20 (twenty) year lease based on the adopted
master lease; and
WHEREAS, Dan H. Wixom has been an acceptable tenant.
NOW, THEREFORE, BE IT RESOLVED that the City Council of
the City of Morro Bay does hereby consent to a 20 (twenty)
year lease with Dan H. Wixom, DBA: Wixom Concrete, Inc. for
Lease Site No. 150 subject to the approval of the Cayucos
Sanitary District.
BE IT FURTHER RESOLVED that the Mayor and City Clerk
are hereby directed to sign any and all required documents
to complete this agreement 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 12th day
of September, 1988, by the following vote:
AYES: Donnelly, Lemons, Odell, Sheetz, Reddell
NOES: None
ABSENT: None
�DATX REDDELL,•-
ARDITH DAVIS, CITY CLERK
RESOLUTION NO. 93-88
RESOLUTION APPROVING CONSENT TO SUBLEASE AG
FOR PORTIONS OF LEASE SITES 93-95 TO
SOPHIE E. HILL
T H E C I T Y C O U N C I L
City of Morro Bay, California
WHEREAS, the City of Morro Bay is the lessor of certain
property on the Morro Bay waterfront, described as Lease
Sites No. 93-95; and
WHEREAS, James F. and Margie R. George are the lessees
of said property; and
WHEREAS, said lease provides that the consent of City
shall be obtained to any sublease of said property or
portion of said property; and
WHEREAS, said lessees have entered into a sublease
agreement for portions of the leased premises with Sophie E.
Hill, a copy of which sublease agreement has been presented
to the City of Morro Bay.
NOW, THEREFORE, BE IT RESOLVED that The City Council of
the City of Morro Bay does hereby consent to the sublease of
portions of Lease Sites No. 93-95 to Sophie E. Hill;
BE IT FURTHER RESOLVED that the Mayor and City Clerk
are hereby directed to sign any and all required documents
to complete this agreement 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 12th day
of September, 1988, by the following vote:
AYES: Donnelly, Lemons, Odell, Sheetz, Reddell
NOES: None
ABSENT: None
DALE REDDELL, MAYOR
ARDITH DAVIS, CITY CLERK
(OPTION A)
RESOLUTION NO. 92-88
RESOLUTION RESCINDING RESOLUTION NO. 74-88 AND STATING
THE CITY'S COMMITMENT TO ALLOCATE FAU FUNDS FOR THE
MAIN STREET/QUINTANA ROAD SIGNALIZATION PROJECT
T H E C I T Y C O U N C I L
THE CITY OF MORRO BAY, CALIFORNIA
WHEREAS the City of Morro Bay has $289,731 of FAU funds
currently apportioned to the City but as yet not obligated to a
specific project; and
WHEREAS $212,337 of these funds were apportioned to the City
prior to 1986; and
WHEREAS California Streets and Highways Code Section 2306
requires Caltrans to "buy up" all unused FAU funds apportioned to
the City prior to 1986 at 60% value; and
WHEREAS the City desires to allocate FAU funds to use for the
Main Street/Quintana Road Signalization project; and
WHEREAS the City of Morro Bay will be unable to complete the
necessary procedures to obligate FAU funds to said project prior
to January 1989.
NOW, THEREFORE BE IT RESOLVED that the City Council of the
City of Morro Bay expresses its commitment to the completion of
the said project; and
BE IT FURTHER RESOLVED the City Council of the City of Morro
Bay intends to utilize presently un-obligated FAU funds to pay for
said project; and
BE IT FURTHER RESOLVED the City Council of the City of Morro
Bay requests the FAU Statewide Committee grant an extension of the
time required under the Streets and Highways Code Section 2306 for
obligation of said FAU funds in order to allow time to accomplish
the said project.
PASSED AND ADOPTED by the City Council of the City of Morro
Bay at a regular meeting held on the 12th day of September 1988 by
the following vote:
AYES: Donnelly, Lemons, Odell, Sheetz, Reddell
NOES: None
ABSENT: None
ABSTAIN:
Dale Reddell, MAYOR
Ardith Davis, CITY CLERK
•
RESOLUTION NO. 91-88
RESOLUTION APPROVING CONSENT TO SUBLEASE AG
FOR PORTIONS OF LEASE SITES 93-95 TO
BRUCE A. STAMP
T H E C I T Y C O U N C I L
City of Morro Bay, California
WHEREAS, the City of Morro Bay is the lessor of certain
property on the Morro Bay waterfront, described as Lease
Sites No. 93-95; and
WHEREAS, James F. and Margie R. George are the lessees
of said property; and
WHEREAS, said lease provides that the consent of City
shall be obtained to any sublease of said property or
portion of said property; and
WHEREAS, said lessees have entered into a sublease
agreement for portions of the leased premises with Bruce A.
Stamp, a copy of which sublease agreement has been presented
to the City of Morro Bay.
NOW, THEREFORE, BE IT RESOLVED that The City Council of
the City of Morro Bay does hereby consent to the sublease of
portions of Lease Sites No. 93-95 to Bruce A. Stamp;
BE IT FURTHER RESOLVED that the Mayor and City Clerk
are hereby directed to sign any and all required documents
to complete this agreement 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 12th day
of September, 1988, by the following vote:
AYES: Donnelly, Lemons, Odell, Sheetz, Reddell
NOES: None
ABSENT: None
DALE REDDELL, MAYOR
ARDITH DAVIS, CITY CLERK
ACCEPTING AN OFFER OF DEDICATION OF
PUBLIC RIGHT-OF-WAY IN ZANZIBAR STREET
THE CITY COUNCIL
City of Morro Bay, California
WHEREAS that portion of Zanzibar Street fronting the parcel
known as Lot 3, Block 3A Atascadero Beach (APN 65-081-14) has never
been officially dedicated as public right-of-way, and
WHEREAS the owners of said property have offered to dedicate to
the public that portion of the property whereon this "street right-
of-way" exists, and
WHEREAS said portion of said property offered for dedication is
legally described in the offer of dedication attached hereto as
Exhibit 'A', and
WHEREAS it is deemed in the interest of the public good to
accept said portion of property as City right-of-way and under City
maintenance.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City
of Morro Bay that the Offer of Dedication of said public right-of-
way by Mr. Frank Denman is hereby accepted.
BE IT FURTHER RESOLVED that the City Administrator is
authorized to execute any and all documents necessary to complete
and record this acceptance of said offer.
PASSED AND ADOPTED by the City Council of the City of Morro Bay
at a regular meeting held thereof on the 12th day of September, 1988
by the following vote:
AYES: Donnelly, Lemons, Odell, Sheetz, Reddell
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST:
;&- *-6 A��
ARDITH DAVIS, City Clerk
�•LE REDDELL,
IRREV#LE i PERPETUAL •
OFFER TO DEDICATE
--- 00000 ---
THIS OFFER TO DEDICATE, made the Z Z day of /-4,_�wT
19 �& by Frank Denman
Of the City of Morro Bay, County of San Luis Obispo, State of
Callfornia,'hereinafter termed Offeror,
WHEREAS, said Offeror desires to make an offer to dedicate,
irrevocably, to thepublic, an easement, for public street
Purposes, which offer may be accepted at any time by the City of
Morro Bay, which has the power to establish, construct and
maintain streets.
NOW, THEREFORE, said Offeror covenants and promises as
fol lows s
I. That said Offeror is the owner of the following
interest described below,
Lot A, Block 3A, Atascadero Beach Tract,
City of Morro Bay
2. That maid Offeror does hereby irrevocably and in
perpetuity offer to the City of Morro Bay a dedication of a
public right-of-way for street purposes and incidental uses upon
the following described property,
See attached Exhibits "A" and "B."
2.1 This OFFER TO DEDICATE is subject to the condition
that the City Council of Morro Bap shall first adopt the
RESGLI'TIQN._.TG_S.UM"fAR.IL]'.ABAnDON_.A._PQRT.LGN_9F._P.4BL?.C_RI_GHT. =4F-
YA1'.._- LOGAN,AV.EN.p,E," which is here attached as Exhibits "C",
D , and "E". Offeror may withdraw this OFFER TO DEDICATE if
the City Council of Morro Bap fails to adopt the above
RESOL.VT.L4N within ninety days.
3. That until ouch time as the above offer of dedication
is accepted by the City of Morro Bay, all owners of property
contiguous to the above described street parcel shall have the
right to use said street parcel as a private street.
- 1 -
4. That said Offeror agrees that said offer of dedication
shall be irrevocable and that the City of Morro Say, at any time
in the future; accept said offer of dedication of the public
right-of-way.
5. That said Offeror agrees that this irrevocable and
perpetual Offer to Dedicate is and shall be binding on his
heirs; legatees and assignees.
6. That said Offeror agrees that any trust deeds shall be
subordinance to this Officer to Dedicate.
IN WITNESS WHEREOF, this Offer to Dedicate is hereby
executed by the said Offeror on the day and year first above
written.
""""` Offeror
Offeror
STATE OF G�Q S/?G91 y 4 b
.([2t,q, fie/ ; s s .
COUNTY OF
Offeror
Ord' , 19 before me, the undersigned, a Notary Public
in an for said County and State, personally appeared ;��L
and known to me to be the
persons whose names are subscribed to the within instrument and
acknowledged to me that they executed the same.
WITNESS my hand and official seal. Signature �,� A�oj,
Ex�►lt�,- A
LEGAL DESCRIPTION
Commencing from the intersection of the centerlines of 110" and 3rd
Streets as shown on the map of Atascadero Beach recorded at page
15 of Book 2 of Maps in the San Luis Obispo County Recorder's
Office, State of California; thence,
South 46 15' 30" West along the centerline of 3rd Street to the
intersection of the centerlines of Hill and 3rd Streets, said
point being the True Point of Beginning; thence, westerly along
the centerline of Hill street to the point of intersection with
the prolongation of the northerly right-of-way of 3rd Street;
thence southwesterly across Hill Street along the northerly right-
of-way line of 3rd Street to the southwesterly corner of Lot A in
Block 3A of Atascadero Beach; thence, southeasterly at a
perpendicular to the northerly right-of-way line a distance of 25
feet to the centerline of 3rd Street; thence, northeasterly along
said centerline to the True Point of Beginning.
it
7_
RESOLUTION 89-88
TO SUMMARILY ABANDON A PORTION OF
PUBLIC RIGHT-OF-WAY - "LOGAN AVENUE"
THE CITY COUNCIL
City of Morro Bay, California
WHEREAS the right-of-way of "Logan Avenue" is presently
undeveloped and has been impassable for vehicular travel for a
period of more than five consecutive years, and
WHEREAS no public money has been expended for maintenance of
this street during this period, and
WHEREAS the Circulation Element of the General Plan of the City
of Morro Bay does not indicate any proposed future use or need for
this right-of-way, and it is therefore excess to the City's present
and future street or highway needs.
NOW THEREFORE, BE IT RESOLVED in accordance with Section 8331
and 8334 of the California Streets and Highways Code, the City of
Morro Bay hereby summarily vacates a portion of the public right-of-
way of "Logan Avenue" as shown on the attached exhibit A.
BE IT FURTHER RESOLVED THAT from and after the date this
Resolution is recorded, said portion of the public right-of-way
shall no longer constitute a street, highway, or public service
easement.
PASSED AND ADOPTED by the City Council of the City of Morro Bay
at a regular meeting held on 12th day of September, 1988 by the
following vote:
AYES: Donnelly, Lemons, Odell, Sheetz, Reddell
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST:
"-;v
DALE REDDELL,
6� 4:
ARDITH DAVIS, City Clerk
':.jV.. '.`Lv= _'� \ i.,: • -.rzi s y:�t�•4.-"..,4 '`mot. -.
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LEGAL DESCRIPTION
COMMENCING FROM THE INTERSECTON ❑F THE CENTERLINES OF PANORAMA
Dr. AND ZANZIBAR STREET AS SHOWN ❑N THE MAP ❑F ATASCAOEP.O BEACH
RECORDED AT PAGE 15 OF BOOK 2 OF MAPS IN THE SAN LUIS OBISPO
COUNTY RECORDER'S OFFICE, STATE OF CALIFORNIA; THENCE,
SOUTHWESTERLY ALONG THE CENTERLINE OF ZANZIBAR STREET TO THE,
INTERSECTION OF THE CENTERLINES OF LOGAN AND ZANZIBAR STREETS;
THENCE, WESTERLY ALONG THE CENTER LINE OF LOGAN STREET T❑ THE
POINT OF INTERSECTION WITH THE PROLONGATION ❑F THE NORTHERLY
RIGHT-OF-WAY OF ZANZIBAR STREET, AN❑ SAID CENTERLINE POINT BEING
THE TRUE POINT ❑F BEGINNING; THENCE, WESTERLY ALONG THE CENTER-
LINE OF LOGAN STEET TO THE INTERSECTION WITH THE PROLONGATION OF
THE WESTERLY PROPERTY LINE OF LOT A IN BLOCK 3A ❑F ATASCADERO
BEACH AND SAID CENTERLINE; THENCE, SOUTHEASTERLY ALONG THE PRO-
LONGATION OF THE WESTERLY LINE ❑F LOT A IN BLOCK 3A TO A POINT
ON SOUTHERLY RIGHT -OF -WRY LINE OF LOGAN STREET; THENCE, EASTERLY
ALONG SAID RIGHT-OF-WAY LINE OF LOGAN STREET TO THE INTERSECTION
OF THE NORTHERLY RIGHT-OF-WAY LINE OF ZANZIBAR STREET AND SAID
RIGHT-OF-WAY LINE OF LOGAN STREET; THENCE, NORTHEASTERLY ACROSS
LOGAN STREET ALONG THE PROLONGATION OF THE NORTHERLY RIGHT-OF-WAY
LINE OF ZANZIBAR STREET TO THE TRUE POINT OF BEGINNING.
/10. ??In voi0 ;ZE;
RESOLUTION NO. ®®_®® ?72oeeZ>0EA4 p,EF",ECT
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF MORRO BAY, ANNOUNCING FINDINGS AND
APPROVING AND ADOPTING A PARKING MANAGEMENT PLAN
T H E C I T Y C O U N C I L
City of Morro Bay, California
WHEREAS, the Local Coastal Program of the City of Morro Bay
sets forth policies to direct the preparation and implementation
of a Parking Management Plan for the Bayfront planning area and
the Central Morro Bay commercial business area;
WHEREAS, the Circulation Element of the General Plan of the
City of Morro Bay further directs the preparation and
implementation of a Parking Management Plan;
WHEREAS, the Environmental Coordinator determined that the
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;
WHEREAS, the City Council recognizes the need to manage
future parking demand and supply to provide for true orderly
growth and development of the community and ensure the
convenience and safety of the public;
WHEREAS, the City Council has recognizes that some existing
parking standards are not appropriate in their application to
certain definable areas within the city, and, that the current
range of parking options is too limited;
WHEREAS, the City Council recommends the preparation and
implementation of a Parking Management Plan in planning for the
future commercial development, designs of traffic and pedestrian
circulation systems, acquisition of public land, and investment
in capital improvement projects;
WHEREAS, the Parking Management Plan is internally
consistent with the elements of the General Plan and is
consistent with the Local Coastal Program and California Coastal
Act.
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 and adopt the Parking
Management Plan in concept, dated August 22, 1988; and
City Council Resolution No. 88-88
Page Two
3. That the Council does hereby approve and adopt immediate
implementation of Phase I of the Parking Management Plan;
and
4. That the Council does hereby direct staff to initiate and
complete the land use analysis of Phase II of the Parking
Management Plan.
PASSED, APPROVED, AND ADOPTED, by the City Council of the
City of Morro Bay, on the 22nd day of August, 1988, by the
following vote to wit:
AYES: Donnelly, Lemons, Odell, Sheetz, Reddell
NOES: None
ABSENT: None
ll!/ice. i
s 0
RESOLUTION NO. 87-88
RESOLUTION ORDERING ANNEXATION OF
TERRITORY TO THE CITY OF MORRO BAY
CASE NO. ANNEXATION NO. 4 (GIST) UNINHABITED SINGLE PARCEL, NORTH
WEST CORNER ZANZIBAR STREET AND PANORAMA DRIVE
APN NO. 64-301-02
THE CITY COUNCIL
City of Morro Bay, California
WHEREAS, the Local Agency Formation Commission of the County
of San Luis Obispo, State of California, adopted its Resolution
No. 88-4 on April 27, 1988, making determinations and approving
the proposed annexation to the City of Morro Bay of territory
described in Exhibit A attached hereto and by this reference
incorporated herein; and
WHEREAS, the annexation was approved by the Local Agency
Formation Commission without any terms or conditions; and
WHEREAS, the reasons for this annexation are to enable the
property owner to receive normal municipal services required for
residential development, and unavailable under County
administration, most specifically water and sewer service; and
WHEREAS, the regular county assessment roll is utilized by
this city; and
WHEREAS, the affected territory will be taxed for existing
general bonded indebtedness of this city; and
WHEREAS, the Local Agency Formation Commission has
authorized this Council to approve this annexation without notice
and hearing and without an election, however this Council did
conduct a public hearing on July 25, 1988 in order to receive all
oral and written comments and all persons present were given the
opportunity to hear and be heard in respect to any matter
relating to this annexation request and related reports.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the
City of Morro Bay hereby orders the territory described in
Exhibit A annexed, and directs the City Clerk to transmit a
certified copy of this resolution with applicable fees required
by Section 54902.5 of the Government Code to the executive
officer of the Local Agency Formation Commission of San Luis
Obispo County.
City Council Resolution No.
Page Two 87-88
PASSED AND ADOPTED by the City Council of the City of Morro
Bay at a regular meeting held thereof on the 22nd day of August,
1988, by the following roll call vote:
AYES: Donnelly, Lemons, Odell, Sheetz, Reddell
NOES: None
ABSENT: None
i
ayor
GIST ANNEXATION M 4
TO THE CITY OF MORRO BAY
THAT POR r,o Of LOT I /N 64o=K lC OF AI 3CA E/+O
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EXHIBIT ?
R E S O LUT = ON NO . 8 6— 8 8
RESOLUTION AUTHORIZING THE CITY ATTORNEY
TO DESIGNATE AND EMPLOY
AN ASSISTANT CITY ATTORNEY
T H E C I T Y C O U N C I L
City of Morro Bay, California
WHEREAS, by Agreement dated 15 February 1987, the Morro Bay
City Council has contracted with Dr. Judy Skousen, and has desig-
nated her to be the Morro Bay City Attorney to provide legal ser-
vices and advice; and
WHEREAS, from time to time it is necessary and reasonable to
expect that Dr. Skousen may not always be available or may be on
leave when the City Council and City staff require legal services
and advice; and
WHEREAS, the amount of legal work for the City of Morro Bay
may periodically necessitate the use of additional legal assis-
tance under the purview of the City Attorney; and
WHEREAS, it is necessary and essential for the conduct of
City services and business that legal representation to and of
the City be available at all times.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Morro Bay that City Attorney Judy Skousen is hereby au-
thorized to employ Anne Russell, Attorney at Law, as Assistant
City Attorney, to attend City Council meetings, render legal ad-
vice, and in general perform the duties of the City Attorney when
the City Attorney is unable or unavailable to perform those func-
tions; and
BE IT FURTHER RESOLVED that City Attorney Judy Skousen may
substitute hours billed to her by Attorney Russell for her hours
on the monthly voucher submitted to the City, said hours to be
paid at and subject to the same rates, terms, and conditions con-
tained in the Agreement dated 15 February 1987 between the City
Attorney and the City.
PASSED AND ADOPTED by the Morro Bay City Council at a regu-
lar meeting thereof held on the 22nd day of August, 1988 on the
following vote:
AYES: Donnelly, Lemons, Odell, Sheetz, Reddell
NOES: None
ABSENT: None
DALE REDDELL, Mayor
ATTEST:
ARDITH DAVIS, City Clerk
RESOLUTION NO. 85-88
RESOLUTION AMENDING AND SETTING THE FINAL
CITY BUDGET FOR FY 88-89
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, by Resolution No.
64-88 adopted June 27, 1988, approved a budget and made
appropriations for Fiscal Year 1988-89; and
WHEREAS, Resolution No. 64-88 directed Staff to prepare and
publish a final budget reflecting the changes resulting from
Council.approved salary and benefit adjustments; and
WHEREAS, since that time negotiations with the Morro Bay
Employee Associations have been concluded resulting in necessary
adjustments to budgeted salary figures;
NOW, THEREFORE, BE IT RESOLVED the 1988-89 Fiscal Year
Budget is hereby amended to include adjustments as detailed on
Exhibits A and B attached hereto and by referenced made a part
of this resolution; and
BE IT FURTHER RESOLVED all other provisions of Resolution
No. 64-88 remain in full force and effect.
PASSED AND ADOPTED by the City Council of the City of Morro
Bay at a regular meeting held thereof on August 22, 1988 by the
following vote:
AYES: Donnelly, Lemons, Odell, Sheetz, Reddell
NOES: None
ABSENT: None
DALE REDDELL, Mayor
ATTEST:
ARDITH DAVIS, City Clerk
RESOLUTION NO. 84-88 R
A RESOLUTION OF THE COUNCIL OF MORRO BAY
RECOMMENDING A BAIL SCHEDULE FOR
VIOLATIONS OF CITY FIRE ORDINANCES
AND
THE UNIFORM FIRE CODE
T H E C I T Y C O U N C I L
City of Morro Bay, California
BE IT RESOLVED by the Council of the City of Morro Bay
as follows:
The Council of the City of Morro Bay hereby recommends
to the Judges of the San Luis Obispo County Municipal Court
that the following bail schedule for the City of Morro Bay
be adopted. The following recommended bail schedule shall
only apply when a citation is issued.
City
Ordinance Recommended
Section . esmu ion D-f, ViQ1ati-m Bail
14.60.080
Smoking Prohibited Inside $
75.00
Theaters
14.60.140
Parking in Front of Hydrant
75.00
14.60.150
Obstructing Fire Hydrant
75.00
14.60.190
Waterfront Protection
75.00
14.60.200
Automatic Fire Sprinklers
75.00
14.60.200
Fire Resistive Roofs
75.00
14.60.210
Spark Arrester
75.00
14.60.220
Exits
75.00
14.60.230
Smoke Alarms, Motel
75.00
14.62.050
Self Inspection Violation
75.00
Uniform Fire Code 1985
3.101 Unlawful Continuance of 500.00
Hazard
3.102 Compliance with Order or 500.00
Notice
3.103 Compliance with Condemnation 500.00
Tag
3.104 Removal or Destruction of 500.00
Signs or Tag
All other Uniform Fire Code Violations 75.00
AUTHORITIES
1. Morro Bay Municipal Code, Sections 1.16.010 and
14.60.130; and Uniform Fire Code Sections 2.204 (a) and
2.205.
PENALTY
Morro Bay Municipal Code, Chapter 1.16, General
Penalty.
PASSED AND ADOPTED this 22nd day of August 1988
AYES: Donnelly, Lemons, Odell, Sheetz, Reddell
NOES: None
ABSENT: None
DALE REDDELL, MAYOR
ATTEST:
ARDITH DAVIS, City Clerk
RESOLUTION NO. 84-88
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY,
CALIFORNIA, ANNOUNCING FINDINGS AND APPROVING AND ADOPTING THE
FINAL CIRCULATION ELEMENT OF THE GENERAL PLAN
THE CITY COUNCIL
City of Morro Bay, California
CASE NO. 03-86A
WHEREAS, the General Plan of the City of Morro Bay consists
of several elements, one of which is the Circulation Element,
setting forth the City's plans and policies concerning vehicular,
pedestrian, and bicycle routes and transportation systems; and
WHEREAS, the City's adopted Circulation Element was prepared
in July of 1967 and has been recognized to be in need of
revisions in order to reflect current conditions; and
WHEREAS, the Morro Group, Inc., consultants to the City did
prepare under contract, revisions to the Circulation Element in
the form of a revised Draft Circulation Element which was
submitted to the Planning Commission for review in the fall of
1986; and
WHEREAS, the Planning Commission has conducted a series of
public hearings to review the Draft Ciruculation Element and has
recommended various modifications for consideration by the City
Council and which have been duly considered by the Council; and
WHEREAS, the City Council has also requested and received
detailed review and comments from the Streets Advisory Committee
and Harbor Advisory Committee, and has conducted public hearings
on July 27, August 10, August 24, September 14, October 12,
November 9, 1987, and on February 4, and August 8, 1988; and
WHEREAS, during all public hearings the opinions and
comments of all persons were considered, and numerous
modifications to the Draft Circulation Element were directed by
the Council in response to these comments; and
WHEREAS, the Environmental Coordinator has determined that
the proposals in the Draft and Final Circulation Element will not
have any significant adverse environmental impacts, and has
therefore issued a Negative Declaration for purposes of CEQA; and
WHEREAS, the Final Circulation Element is responsive to the
City's circulation and transportation needs, reflects current
conditions and is an appropriate guide for future planning and
development requirements, and through consistent implementation
will ensure a safe, convenient and attractive circulation system
for the City; and
City Council Resolution No.
Page Two
WHEREAS, the Final Circulation Element is internally
consistent with other elements of the General Plan and is
consistent with the Local Coastal Program and California Coastal
Act,
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the
City of Morro Bay that the above recitations are true and correct
and constitute the findings of the Council on this matter; and
BE IT FURTHER RESOLVED, that the City Council of the City of
Morro Bay, California, does hereby approve and adopt the Final
Circulation Element dated August 1988, as an amendment to the
General Plan of the City of Morro Bay, California, superceding
and replacing the Circulation Element of 1967 in its entirety,
PASSED AND ADOPTED, by the City Council of the City of Morro
Bay at a regular meeting held thereof on the loth day of August,
1988, by the following roll call vote:
AYES: Donnellv, Lemons, Odell, Sheetz, Reddell
NOES: None
ABSENT: None
ATTEST:
/!_ -A-
i
fs\71)YYC��F.\V
RESOLUTION NO. 83-88
RESOLUTION APPROVING JOINT POWERS
AGREEMENT WITH SAN LUIS OBISPO
AREA COORDINATING COUNCIL
T H E C I T Y C O U N C I L
City of Morro Bay, California
The following resolution is hereby proposed:
RESOLVED that the Joint Powers Agreement with the
San Luis Obispo Area Coordinating Council, a copy of
which is attached hereto and by reference made a part
hereof, is hereby approved; and
BE IT FURTHER RESOLVED that the Mayor and City Clerk
are hereby authorized to sign said agreement on behalf of
the City, and a copy of this Resolution be forwarded to
the Area Coordinating Council office.
PASSED AND ADOPTED by the Morro Bay City Council at
a regular meeting thereof held on the 8th day of August,
1988 on the following vote:
AYES: Donnelly, Lemons, Odell, Sheetz, Reddell
NOES: None
ABSENT: None —:::12
DALE REDDELL, Mayor
ATTEST:
� Z�
AR ITH DAVIS, Uity Clerk
RESOLUTION NO. 81-88
AWARDING OF A FIVE (5) YEAR LEASE TO
THE MORRO BAY YACHT CLUB FOR MOORING ZONE A1-3
T H E C I T Y C O U N C I L
City of Morro Bay, Calfiornia
WHEREAS, The Morro Bay Yacht Club serves as a City Host
by providing accomodations for visiting yachts, and;
WHEREAS, the Morro Bay Municipal Code designates
portions of Mooring Zone Al-3 be leased to the Morro Bay
Yacht Club, and;
WHREAS, the Morro Bay Yacht Club has proven itself to
be an acceptable tenant, and
NOW, THEREFORE, BE IT RESOLVED that the City Council of
the City of Morro Bay does hereby approve a five (5) year
lease of Mooring Zone Al-3 to the Morro Bay Yacht Club, and;
BE IT FURTHER RESOLVED that the Mayor and City Clerk
are hereby directed to sign any and all required documents
to complete this agreement 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 8th day
of August, 1988, by the following roll call vote:
AYES: Donnelly, Lemons, Odell, Sheetz, Reddell
NOES: None
ABSENT: None
ARDITH DAVIS, CITY CLERK
C� �
DALE REDDELL, MAYOR
r.
RESOLUTION NO. 80-88
RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF MORRO BAY, CALIFORNIA
AMENDING THE 1 JULY 1988 MEMORANDUMS OF UNDERSTANDING
FOR ALL CITY EMPLOYEE GROUPS WITH THE EXCEPTION OF
THE CONFIDENTIAL EMPLOYEES
AND MORRO BAY CITY EMPLOYEES' ASSOCIATION
THE CITY COUNCIL
City of Morro Bay, California
WHEREAS, in accordance with the provisions of the California
Government Code Section 35000 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 various employee
associations; and
WHEREAS, these meetings have resulted in a mutual agreement
and understanding to recommend that the City's employees agree to
an amendment to each of their Memorandums of Understanding, which
amendment affects only the provision of City -recognized holiday
exchange; and
WHEREAS, the City and the employees desire to amend their
contracts to reflect that State Admission's Day (September 9) is
no longer a City recognized holiday, however in exchange for that
holiday employees in all City employee associations will be
provided with an additional floating holiday to be used in
accordance with the City Personnel Rules and Regulations;
NOW, THEREFORE, BE IT RESOLVED that the City Council of the
City of Morro Bay does hereby approve and adopt in full the
holiday exchange provision for all employee groups in the City of
Morro Bay.
PASSED AND ADOPTED by the City'Council of Morro Bay at a
regular meeting thereof held this llth day of August, 1988, by
the following roll call vote:
AYES: Donnelly, Lemons, Odell, Sheetz, Reddell
NOES: None
ABSENT: None
ATTEST:
Ardith Davis, City Clerk
RESOLUTION NO. 79-88
RESOLUTION VACATING THE PUBLIC'S RIGHT TO USE A PORTION OF
NAPA AVENUE FOR STREET PURPOSES
T H E C I T Y C O U N C I L
City of Morro Bay, California
WHEREAS, the San Luis Coastal Unified School District
has asked the City of Morro Bay to close a portion of Napa
Avenue adjacent to Morro Elementary School for the purpose
of constructing temporary classrooms and a parking lot; and
WHEREAS, the City Council on July 11, 1988 adopted
Resolution No. 71-88 stating its intention to vacate the
public's right to use the portion of Napa Avenue for street
purposes as described in the attached legal description
(Exhibit "A") and drawing (Exhibit "B"); and
WHEREAS, the Morro Bay Planning Commission on August 1,
1988 considered the proposed vacation and found it to be in
conformance with the General Plan; and
WHEREAS, the City Council on August 8, 1988 conducted a
duly -noticed public hearing to consider evidence offered by
persons interested; and
WHEREAS, the San Luis Coastal Unified School District
has executed an agreement with the City of Morro Bay
fulfilling the requirements imposed upon the School District
as conditions of approval of said vacation.
WHEREAS, Napa Avenue from Monterey to Dunes adjacent
to Morro Elementary School appears to function primarily as
vehicular and pedestrian access to and from the school;
traffic -pedestrian safety will improve as non -school traffic
is diverted from the front of the school and bus traffic is
diverted to back of the school at the end of Surf Street;
and the presently -uncontrolled legs of the Beach/Monterey
intersection (a situation about which parents have
complained for some time) will be improved, thereby
providing better conditions for student pedestrians.
NOW, THEREFORE, BE IT RESOLVED by the City Council of
the City of Morro Bay that after conducting a duly -noticed
public hearing to receive evidence offered by all persons
interested, the City Council finds the following:
1. The above -described street
of Intention No. 71-88 is
prospective public use;
as described in Resolution
unnecessary for present or
2. The above -described street is not useful as a non -
motorized transportation facility as described and
defined in California Streets and Highways Code Section
2381;
3. The vacation of the above -described street is in the
best interest of the City of Morro Bay and improves the
safety and convenience of the general public;
4. The vacation of the above -described street conforms
with the General Plan;
BE IT FURTHER RESOLVED the City Council of the City of
Morro Bay herewith vacates the public's right to use the
above -described portion of Napa Avenue for street purposes,
subject to the terms and conditions of the above -described
Agreement with the San Luis Coastal Unified School District.
BE IT FURTHER RESOLVED the period of this vacation
shall not exceed five (5) years from this date or extend
beyond any previous dated termination of said Agreement.
When said Agreement terminates, the City of Morro Bay
reserves the right to reopen said street to public use for
street purposes.
BE IT FURTHER RESOLVED that the City Council of the
City of Morro Bay directs the City Clerk to cause this
Resolution of Vacation to be recorded with the San Luis
Obispo County Recorder's office.
PASSED AND ADOPTED by the City Council of the City of
Morro Bay at a regular meeting held on the Sth Day of
August, 1988, by the following vote:
AYES: Donnelly, Lemons, Odell, Sheetz, Reddell
NOES: None
ABSENT: None
DALE REDDELL, Mayor
ATTEST:
ARDITH DAVIS, City Clerk
. EXHIEiT A •
NAPA AVENUE VACATION
LEGAL DESCU PTION
Commencing from that point on the easterly block line which is the
easterly return of Lot 12 in Block 1 of Tract 53 as shown on the
map filed in Book 5 of Maps at page 74 and recorded February 24,
1950 with the San Luis Obispo County Recorder, State of
California; thence,
Southerly along the easterly block line of Block 1 of said Tract
53 to its intersection with the southwesterly line of Lot 10 of
Rancho San Bernardo; thence northeasterly along the prolongation
of the westerly line of the "Morro Union Grammar School" to its
intersection with the westerly line of Block 2 of Tract 53; said
point also being the southerly corner of Lot 1 in Block 2 of said
Tract 53; thence, southerly along the prolongation of the westerly
line of Block 2 of Tract 53, 57.00 feet to the True Point of
Beginning; thence, southerly to a point on the radial to the
westerly point of tangency to a curve in the northerly right -of
way of the Morro Union Grammar School Drive, said curve having a
radius of 180 feet and a central angle of 280101, said point also
being 90.17 feet northerly along said radial, which is parallel to
the easterly block line of Block 1 of Tract 53, and 28.77 feet
southerly along said radial from its intersection with the
southwesterly line of lot 10 of Rancho San Bernardo; thence,
northeasterly 88.02 feet along a convex curve to the right having
a radius of 17.24 feet and a central angle of 11800810511; thence,
southeasterly along the southwesterly line of Lot 10 of Rancho San
Bernardo to its intersection with the westerly right-of-way line
of Napa Avenue; thence, southerly 71.84 feet more of less along
said westerly right-of-way line of Napa Avenue; thence easterly
80.00 feet along a line perpendicular to the preceding course;
thence northerly along the easterly right-of-way line of Napa
Avenue to its intersection with the southwesterly line of Lot 10
of Rancho San Bernardo; thence, northerly a distance of 10.62 feet
to a point being the beginning of a curve which is convex to the
left; thence, northwesterly along the curve a distance of 134.51
feet, said curve having a radius of 125 feet and a central angle
of 61039'70"; thence northwesterly and parallel to the
southwesterly line of Lot 10 of Rancho San Bernardo a distance of
212.97 feet to a point being the beginning of a curve convex to
the left; thence, westerly along the curve a distance of 88.02
feet, said curve having a radius of 180 feet and central angle of
28001 to the point of tangency; thence westerly and perpendicular
to the easterly Block line of Block 1 of aforementioned Tract 53 a
distance of 12.80 feet more or less to a point being the beginning
of a curve convex to the right; thence, northwesterly 31.42 feet
along the curve, having a radius of 20 feet and a central angle of
900, to the True Point of Beginning.
RESOLUTION NO. 7 8 - 8 8
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF MORRO BAY ADOPTING THE 1988-91
AGR ENT FOR ANIMAL CONTROL SERVICES WITH
THE COUNTY OF SAN LUIS OBISPO
THE CITY COUNCIL
City of Morro Bay, California
WHEREAS, the City of Morro Bay is desirous of contracting
with the County of San Luis Obispo for animal control, regula-
tion, and enforcement services within Morro Bay corporate limits;
and
NOW, THEREFORE, BE IT RESOVLED by the City Council of
the City of Morro Bay that the 1988-91 Agreement for Animal
Control Services with the County of San Luis Obispo, a copy
of which by reference is made a part thereof, is hereby
approved; and
BE IT FURTHER RESOLVED that the Mayor and City Clerk
are hereby authorized to sign said revised Agreement on
behalf of the City, and a copy of this Resolution by for-
warded with the Agreement to the County of San Luis Obispo.
PASSED AND ADOPTED by the Morro Bay City Council at
a regular meeting thereof held on the 25th day of July, 1988
on the following vote:
AYES: Donnelly, Lemons, Odell, Sheetz, Reddell
NOES: None
ABSENT: None
ATTEST:
ITH DAMS, City Clerk
RESOLUTION NO. 77-88
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF MORRO BAY, ANNOUNCING FINDINGS AND
APPROVING A SIGN EXCEPTION PERMIT TO MAKE A NON -CONFORMING POLE
SIGN CONFORMING
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, after a duly noticed PUBLIC HEARING on the 6th day
of June 1988, did deny the request of Dale and Katherine Mitchell
for a Sign Exception Permit to provide conforming status to an
existing pole sign for property located at 500 Embarcadero, in
the C-VS/PD zone, more particularly described as:
APN 66-132-17
Parcel A of Parcel map 38-82
City of Morro Bay
County of San Luis Obispo
State of California
WHEREAS, the Environmental Coordinator determined that the
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 June 14, 1988, the applicant did appeal the
Planning Commission's action to the City Council; and
WHEREAS, on July 11, 1988, the City Council of the City of
Morro Bay, California, held a duly noticed PUBLIC HEARING on said
appeal; and
WHEREAS, at said PUBLIC HEARING, after considering the staff
report, Planning Commission recommendation and the arguments of
all persons, wishing to testify, the City Council found the
following facts and reasons to justify granting the appeal:
1. The request will not be materially detrimental to the
health, safety, comfort, and general welfare of persons
residing in the neighborhood, or injurious to property or
improvements in the neighborhood, or of the general welfare
of the City; and
2. The request will not cause detrimental impacts to viewsheds
of the neighborhood or the general community; and
City Council Resolution No. 77-88
Page Two
3. The location of the business being advertised by the sign is
situated in an area of reduced visitor traffic and visual
accessibility and therefore requires more prominent signing
to achieve equally effective advertising as other businesses
more centrally located; and
4. The sign was not identified in the City's 1972 survey of
non -conforming signs; and
5. The request is conditioned to provide for future review and
reconsideration of any unforeseen impacts that may result;
6. The request is not contrary to the purpose of the Sign
Ordinance; and
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 uphold the appeal and grant approval
of Case No. SIGN 04-88, subject to the conditions attached
hereto.
PASSED, APPROVED, AND ADOPTED, by the City Council of the
City of Morro Bay, on the 25th day of July, 1988, by the
following vote to wit:
AYES: Donnelly, Lemons, Odell, Reddell
NOBS: None
ABSENT: None
ABST Shee CSIT}( DIISLL r
Y ClerK
• s
CONDITIONS OF APPROVAL
Case No. SIGN 04-88
STANDARD CONDITIONS
1. This Sign Exception Permit is granted for the land described
in the application and any attachments thereto, and as shown
on Exhibit A, and on file with the Community Development
Department. The locations of all buildings and other
features shall be located and designed substantially as
shown on the aforementioned exhibit, unless otherwise
specified herein.
2. Unless the construction or operation of the structure or
facility is commenced not later than one (1) year after the
effective date of this approval and is diligently pursued
thereafter, this approval will automatically become null and
void; provided, however, that upon the written request of
the applicant, prior to the expiration of this approval, an
extension for not more than one (1) additional year may be
granted by the Community Development Director, upon finding
that the project complies with all applicable provisions of
the Morro Bay Municipal Code in effect at the time of the
extension request.
Any minor change may be approved by the Community
Development Director. Any substantial change will require
the filing of an application for an amendment to be
considered by the Planning Commission.
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 Community Development Director and/or as
authorized by the Planning Commission. Failure to comply
with these conditions shall render this entitlement null and
void. Continuation of the use without a valid entitlement
will constitute a violation of the Morro Bay Municipal Code
and is a misdemeanor.
•
Conditions of Approval - Sign 04-88
Page Two
SPECIAL CONDITIONS
7. This Sign Exception permit shall expire at the end of five
years or upon the substantial completion of Tidelands Park,
whichever occurs first. Upon expiration the Sign Exception
shall return to the City Council for reconsideration.
• RESOLUTION NO. 76-88 •
ITION PETITIONING THE GOVERNOR OF THE STATE OF
CALIFORNIA TO NOMINATE MORRO BAY FOR THE
NATIONAL ESTUARY PROGRAM
T H E C I T Y C 0 U N C I L
City of Morro Bay, Calfiornia
WHEREAS, the Water Quality Act of 1987 which amended
the Clean Water Act to include Section 320 establishing the
National Estuary Program allows the State Governor to
nominate estuaries of national significance to the National
Estuary Program, and;
WHEREAS, Morro Bay has been identified as an estuary of
major environmental significance, providing support to
numerous species of sealife for spawning grounds and
nurseries and feeding including the Federally protected Sea
Otter, and;
WHEREAS, the City of Morro Bay has been declared a bird
sanctuary with Morro Bay providing one of the important
stopovers on the Pacific Flyway, and;
WHEREAS, the integrity of Morro Bay is being threatened
by contamination, sewage discharges, agricultural runoff,
sedimentation build-up and loss of fish and wildlife habitat,
and;
NOW, THEREFORE, BE IT RESOLVED that the City of Morro
Bay does hereby petition the Governor of the State of
California to nominate Morro Bay to the National Estuary
Program as an Estuary of National Significance.
BE IT FURTHER RESOLVED that the Mayor and City Clerk
are hereby directed to sign any and all required documents
to complete this petition 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 25th day
of July, 1988, by the following roll call vote:
AYES: Donnelly, Lemons, Odell, Sheetz, Reddell
NOES: None
ABSENT: None
ARDITH DAVIS, CITY CLERK
RESOLUTION 7S-88
RESOLUTION OF THE CITY COUNCIL OF THE CITY ❑F MORRO BAY
CONFIRMING THE REPORT OF CITY STAFF REGARDING THE WEED
ABATEMENT PROCEDURE AND MAKING ASSESSMENTS
T H E C I T Y C❑ U N C I L
City of Morro Bay, California
WHEREAS, the City of Morro Bay ordinance Title 8, Chapter
8.12 requires 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 6.12 ❑f the Morro Bay Municipal Code for the
year 1988;
NOW, THEREFORE, BE IT.RESOLUED by the City Council of the
City ❑F Morro Bay as follows:
1. That no objections to said report and assessment have
been made;
2. That the written report now being submitted t❑ 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 approved as submitted;
3. Said report shall be filed in the Office of the City
Clerk and said City Clerk shall file a certified copy
❑F said report with the San Luis Obispo County Auditor
on or before August loth of this year; and
`f. 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 ❑f
Government Code Sections 39S81 through 39SBB inclusive.
RESOLUTION NO. 75-88
PAGE TWO
PASSED AND ADOPTED by the City Council of the City of Morr❑
Bay at a regular meeting thereof held the 25th day of July, 1B88,
by the following roll call vote:
AYES; Donnelly, Lemons, Odell, Sheetz, Reddell
NOES: None
ABSENT: None
DALE REDDELL, Mayor
ATTEST:
ARDITH DAVIS
City Clerk
1
CITY ❑F MORRO BAY
1988 WEED ABATEMENT CHARGES
$34.5/hr
$14/hr
$8/cu.yd.
Total Cost
Assessor's
Tractor
Hand
Cleared-
Total
plus 30%
parcel
time
time
disposed
cost
Admin. Fee
number
(hrs.)
(hrs.)
(cu.yds)
($)
($)
065-031-019
0
S.5
3
101.00
131.30
06S-03S-012
.5
3.6
1
75.65
98.34
065-036-019
.5
4
4.7
110.B5
144.10
065-046-017
.5
3.3
3
87.45
113.68
065-047-041
.5
3
3.7
BB.B5
11S.50
065-04B-038
.5
3
2
75.25
97.82
065-053-029
0
3
2
58.00
75.40
065-054-022
1
4
4
122.50
1S9.26
065-OSS-032
1
4
4
122.SO
1S9.26
065-OS7-018
1.S
7.3
7
209.95
272.94
065-OS7-034
.5
3
2
7S.2S
97.82
065-OSB-012
1.3
4
5
140.85
183.10
OBS-OSB-029
S
3
3
83.2S
108.22
065-061-003
1
4.6
4
130.90
170.18
OBS-061-009
1
5
6
1S2.50
198.26
OSS-061-011
1
6
6
166.50
216.46
OBS-061-012
1
4
4
122.50
159.26
OSS-061-017
1
5.2
5.8
153.70
199.82
065-062-012
.5
3
4
91.2S
118.62
OBS-062-013
.5
3
4
91.25
118.62
065-073-001
.8
4
5
123.60
160.68
065-074-015
S
3
7
115.25
149.82
OSS-083-015
1
3.7
2
102.30
132.98
06S-084-018
0
6
4
116.00
1SO.80
065-091-014
1
4
5.8
136.90
177.98
065-104-02S
1
3
3
100.SO
130.66
065-112-013
1
4.3
2
110.70
143.92
065-113-066
1
3
4
108.50
141.06
065-114-051
1.S
4.5
6
162.75
211.S8
06S-11S-OS6
1
4
S
130.SO
169.66
OES-115-OSB
1
3.5
6
131.SO
170.96
065-131-021
1
3
.3.7
106.10
137.94
OGS-152-010
6.6
10
13
471.70
613.22
065-220-027
1
3.6
3
108.90
141.58
065-233-04S
1
4
4
122.SO
1S9.26
• • 2
066-081-034
0
'f
0
56.00
72.80
066-082-010
L!
3.8
1
75.00
97.50
066-085-019
.7
3
4
9B.15
127.60
066-112-002
1.'f
5.6
7
182.70
237.52
066-125-007
1.4
'f
3.8
134.70
175.12
066-132-010
.3
3
1
60.35
78.46
066-172-002
1.6
5
3
149.20
193.96
066-174-001
2.8
6
4
212.60
276.3E
066-191-017
.4
3.4
2
77.40
100.62
066-222-040
.7
3
2
82.1S
106.B0
066-222-041
.7
3
2
82.1S
106.80
066-222-066
.7
3
2
82.15
106.80
066-231-026
.4
4
2.8
92.20
119.86
066-236-008
.8
3
2
85.60
111.28
066-252-004
.4
3
2.8
78.20
101.66
066-253-001
1.3
6.7
5.9
185.85
241.62
066-26S-015
1.3
4
2
116.85
151.92
066-265-025
1.3
4
2
116.85
1S1.92
066-312-011
.4
2.8
S.8
99.40
129.22
066-312-016
0
6.6
3.3
121.60
158.08
066-312-017
.4
2.8
3.4
BO.20
104.26
066-342-017
.3
4.6
2.6
95.55
124.22
066-391-011
.7
4
3
104.15
135.40
066-391-012
.7
4
3
104.15
13S.40
066-391-013
.7
4
3
104.15
135.40
066-391-014
.7
4
3
104.15
13S.40
066-391-01S
.7
4
3
104.15
13S.40
066-391-016
.7
4
3
104.15
135.40
066-391-017
.7
4
3
104.15
135.40
066-391-018
.7
4
3
104.15
135.40
066-391-019
.7
4
3
104.15
135.40
066-391-020
.7
4
3
104.15
13S.40
066-391-021
.7
4
3
104.15
13S.40
066-391-033
.7
4
3
104.15
135.40
066-391-034
.7
4
3
104.15
135.40
066-391-035
.7
4
3
104.15
135.40
066-391-036
.7
4
3
104.15
135.40
066-391-037
.7
4
3
104.15
13S.40
066-391-038
.7
4
3
104.15
135.40
066-391-039
.7
4
3
104.15
135.40
066-391-040
.7
4
3
104.15
135.40
066-391-041
.7
4
3
104.15
13S.40
• • 3
066-391-042
.7
4
3
104.15
135.40
066-391-043
.7
'f
3
104.15
135.40
066-391-044
.7
4
3
10'f . 15
135 .'fO
066-391-045
.7
4
3
10'f.15
13S.40
066-391-046
.7
'f
3
104.15
13S.40
066-391-047
.7
4
3
104.15
135.40
066-391-048
.7
'f
3
104.15
13S.40
066-391-062
.7
4
3
104.15
135.40
066-391-063
.7
'f
3
10'f . 15
135.'f0
066-391-064
.7
4
3
104.15
135.40
066-391-OSS
.7
'f
3
104.15
13S.40
066-391-066
.7
`f
3
104.15
13S.40
066-391-067
.7
'f
3
104.15
13S.40
066-391-068
.7
4
3
104.15
135.40
066-391-069
.7
4
3
104.15
135.40
066-391-070
.7
4
3
104.15
135.40
066-391-071
.7
4
3
104.15
13S.40
066-391-072
.7
4
3
104.15
135.40
066-391-073
.7
4
3
104.15
13S.40
066-391-074
.7
4
3
104.15
135.40
066-391-075
.7
4
3
104.15
13S.40
066-391-076
.7
4
3
104.15
135.`f0
066-391-077
.7
4
3
104.15
13S.40
066-391-078
.7
4
3
104.15
13S.40
066-391-079
.7
4
3
104.15
135.40
066-391-080
.7
4
3
104.15
135.40
066-391-081
.7
'f
3
104.15
13S.40
066-391-0B2
.7
4
3
104.15
13S.40
066-391-083
.7
4
3
104.15
13S.40
06B-1S2-028
1.2
4.5
4
136.40
177.32
068-153-019
0
6.5
4.5
127.00
16S.10
068-1S3-027
.8
4.2
4
118.40
153.92
068-154-003
.6
4.6
4
117.10
152.24
068-154-010
1.2
4.5
4
136.40
177.32
068-1S4-012
1.2
4.S
4
136.40
177.32
068-157-005
1.2
5.3
4.5
151.60
197.08
068-1SB-01B
1.2
6
4.5
161.40
209.82
068-164-011
1.2
6.5
7.5
192.40
250.12
068-191-012
.7
3
2
82.15
106.80
068-192-010
1.3
5
S
154.85
201.32
068-201-007
2.4
5
S
192.80
2SO.64
066-201-008
2.4
5
5
192.80
250.64
• • 4
066-215-012
.8
3.5
3
100.60
130.78
068-227-003
.8
3
2
85.60
111.2E
068-231-016
2.8
6.5
5
227.60
295.88
068-231-019
2.6
6.5
5
220.70
2E36.92
06B-231-024
2.2
S.8
4.5
193.10
2S1.OLf
068-241-010
0
1.3
6
66.20
86.06
068-243-OOS
1.2
4.S
4.5
140.40
182.52
068-245-016
1
6
4.5
154.50
200.86
068-2S1-009
1.3
3
3
110.85
144.12
068-251-010
1
3
3
100.50
130.66
068-251-013
1.3
3
3
110.85
144.12
068-2S1-014
1
3
3
100.50
130.66
068-2S1-019
1
3
3
100.50
130.66
068-252-022
1
4
4
122.50
1S9.26
068-252-044
1
4
'f
122.50
159.26
06B-2S3-025
1.`f
'f
4
136.30
177.20
06B-2S3-028
1.S
4
4
139.75
161.68
060-253-036
1
`f
4
122.SO
1S9.26
068-253-Oil
1.2
4
If
129.40
168.22
068-253-042
1.5
4
4
139.75
181.68
068-254-011
1.6
5
S.6
170.00
221.00
068-2S4-027
.8
5
4.3
132.00
171.60
068-2SS-002
.7
4.5
4
112.1S
1`f5.80
068-256-034
1
5.6
'f
144.90
188.38
06B-258-012
1.3
5
5
154.85
201.32
068-258-018
1.2
4
5
137.40
178.62
068-274-003
1.2
5
4
143.40
186.42
068-276-014
0
5
3
94.00
122.20
06B-322-016
S
5
2.7
108.85
141.52
068-381-013
1.4
4
4
136.30
177.20
068-382-001
1.6
5
4
157.20
204.36
068-383-006
1.2
4
4
129.40
168.22
068-391-001
1.8
5
4
164.10
213.34
OSB-391-002
1.8
S
4
164.10
213.34
068-391-003
1.B
5
4
164.10
213.34
068-391-OOS
1.6
5
4
157.20
204.36
068-391-006
-----------
1.6
5
4
1S7.20
204.36
1S6 Parcels
---------
1B,827.30
---------
24,476.20
lJ
RESOLUTION NO. 74-88
RESOLUTION STATING COMMITMENT TO ALLOCATE FAU FUNDS
FOR THE TWIN BRIDGES 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 $289,731 of FAU
funds currently apportioned to the City but as yet
unallocated to a specific project; and
WHEREAS, $212,337 of these funds were apportioned to
the City prior to 1986; and
WHEREAS, new legislation requires Caltrans to "buy up"
all unused FAU funds apportioned to the City prior to 1986
at 60% value; and
WHEREAS, the City of Morro Bay desires to allocate all
available FAU funds to use for that portion of the proposed
Twin Bridges Replacement Project on South Bay Boulevard not
eligible for funding under the Federal Bridge Replacement
Program; and
WHEREAS, said Twin Bridges Project will be eligible for
use of FAU funding at the time of construction; and
WHEREAS, the environmental document for the subject
project is under preparation, has been reviewed and approved
by Caltrans and Federal Highway Administration; and
WHEREAS, certification of said environmental document
by the San Luis Obispo County Board of Supervisors is
anticipated shortly; and
WHEREAS, upon completion of the environmental document
it is anticipated the right-of-way for said project will be
acquired in a manner commensurate with the requirements of
FHWA and Caltrans.
NOW, THEREFORE, BE IT RESOLVED that the City Council of
the City of Morro Bay expresses its commitment to the
completion of the Twin Bridges Project; and
0
BE IT FURTHER RESOLVED that the City Council of the
City of Morro Bay intends to utilize available FAU funds to
pay for of that portion of the project not eligible for
payment under Bridge Replacement Funds; and
BE IT FURTHER RESOLVED that the City Council of the
City of Morro Bay requests the entirety of its unallocated
FAU funds apportioned to the City, both present and future,
be allocated to the Twin Bridges Project.
PASSED AND ADOPTED by the City Council of the City of
Morro Bay at a regular meeting held on the 25th day of July,
1988, by the following vote:
AYES: Donnelly, Lemons, Odell, Sheetz, Reddell
NOES: None
ABSENT: None
DALE REDDELL, Mayor
ATTEST:
ARDITH DAVIS, City Clerk
RESOLUTION NO. 73-88
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 COUNCIL
City of Morro Bay, California
WHEREAS, in accordance with the provisions of the California
Government Code Sections 3500 et. sequ. and Resolution 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
Confidential Employees; and
WHEREAS, the meetings between the Morro Bay Confidential
Employees and the City had resulted in a mutual agreement and
understanding to recommend that the employees represented by the
Morro Bay Confidential Employees accept all of the terms and
conditions as set forth in a Memorandum of Understanding, an
agreement attached and made a part of this resolution herewith;
and
WHEREAS, the City now desires to provide said changes in
benefits to said Confidential 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 25th day of July 1988, by the
following roll call vote:
AYES: Donnelly, Lemons, Odell, Sheetz, Rtddell
NOES: None
ABSENT: None
i
Dale Reddell, Mayor
ATTEST:
Ardith Davis, City Clerk
MEMORANDUM OF UNDERSTANDING
BETWEEN THE
CONFIDENTIAL EMPLOYEES
AND THE
CITY OF MORRO BAY
1 JULY 1988 - 30 JUNE 1992
TABLE OF CONTENTS
'ICLES
SUBJECTS
PAGE
1
Term
3
2
Management
3
3
Anti -Discrimination
3
4
Work Schedule
3
5
Salaries
4
6
Insurance
5
7
Education Incentives
6
8
Holidays
6
9
Vacation Leave
7
10
Administrative Leave
7
11
Sick Leave
7
12
Wellness Inc.
8
13
Overtime Compensation
8
14
Mileage
9
15
Retirement Program
10
16
Full Understanding, Modification, Waiver
10
17
No Strike, No Lock -Out
10
18
Separability
11
Signature Page
12
MEMORANDUM OF UNDERSTANDING
BETWEEN THE CONFIDENTIAL EMPLOYEES
AND THE CITY OF MORRO BAY
ARTICLE 1 - TERM
The term of this agreement commences on 1 July 1988 and expires
and is otherwise fully terminated on 30 June 1992.
ARTICLE 2 - MANAGEMENT
CITY retains all rights not specifically delegated by this
agreement including, but not limited to, the exclusive right to
determine the mission of its constituent departments; set
standards of service; determine the procedures and standards of
selection for employment and promotion; direct its employees;
take disciplinary action for proper cause; relieve its employees
from duty because of lack of work or for other legitimate
reasons; maintain the efficiency of governmental operations;
determine the methods, means, and personnel by which governmental
operations are to be conducted; determine the content of job
classifications, take all necessary actions to carry out its
mission in emergencies and exercise control and discretion over
its organization and the technology of performing its work. The
determination of whether or not an emergency exists is solely
within the discretion of the City and is expressly excluded from
the Grievance Procedure.
ARTICLE 3 - ANTI -DISCRIMINATION
The CITY agrees it will not discriminate against confidential
employees for the exercise of their rights under the State of
California Government Code Section 3502.
ARTICLE 4 - WORK SCHEDULE
4.1 This article is intended to define the normal hours of work
and shall not be construed as a guarantee of work per day or
per week, or of work per week.
4.2 WORKDAY: The normal workday shall be eight (8) hours of
work in a twenty-four (24) consecutive hour period, except
in cases of emergencies.
4.3 WORKSHIFT: Employees shall be scheduled to work on regular
workshifts having regular starting and quitting times.
Except for emergencies, employees' workshifts shall not be
changed without prior notice to the employee. Callout or
overtime does not constitute a change in workshift.
4.4 WORKWEEK: The normal workweek shall be five (5) workdays
and two (2) consecutive days of rest in a seven (7)
consecutive day period, except in cases of emergencies, or
at the specific request of an employee and approval of
department head. Nothing herein shall be construed to
eliminate currently established irregular work schedules.
4.5 EMERGENCIES: Nothing herein shall be construed to limit or
restrict the authority of management to make temporary
assignments to different or additional locations, shifts, or
duties for the purpose of meeting an emergency. Such
emergency assignments shall not extend beyond the period of
said emergency.
ARTICLE 5 - SALARIES
5.1 The parties agree that Confidential employees shall receive
the following salaries:
Exec. Sec./
City Clerk
Secretary/
Dep, City CIL
Acct. Clk. II
1 July 88
$20,837-$25,970
$18,589-$23,166
$18,097-$22,680
1 July 89
$22,296-$27,788
$19,518-$24,324
$19,002-$23,814
1 July 90
$23,857-$29,733
$20,494-$25,540
$19,952-$25,005
1 July 91
$25,527-$31,814
$21,519-$26,817
$20,950-S26,255
5.2 The CITY agrees to continue a plan whereby the CITY will
contribute seven (7) percent of an employee's salary on
behalf of the employee to the Public Employees' Retirement
System (PERS). These amounts paid by the CITY are employee
contributions and are paid by the CITY to satisfy the
employee's obligation to contribute seven (7) percent of
salary to PERS. An employee has no option to receive the
contributed amounts directly instead of having them paid by
the CITY to PERS on behalf of the employee. The employees
bear the risk of payment of any increases in the employee
contributions above the current seven (7) percent made by
action of the PERS or the state legislature.
5.3 It is understood and agreed to by the parties that the CITY
"pickup" of the employee's PERS contribution is made in lieu
of a wage increase. Therefore, in all comparisons made with
other agencies, seven (7) percent of salaries will be added
to the salaries otherwise provided by the CITY to the
employee, and then, comparisons will be made.
5.4 Parties agree that CITY payment of the seven (7) percent
PERS contribution is made based upon tax treatment currently
permitted by the State Franchise Tax Board and the IRS.
Should current tax treatment change, the employee holds
harmless the CITY, its officers and agents from any and all
claims or costs of any type including but not limited to
liability for back taxes, arising out of this agreement to
pay seven (7) percent of the employee's PERS contribution.
Should current tax treatment change, the employees shall
have the opportunity to meet and confer regarding any such
changes.
5.5 The CITY payment of seven (7) percent of each employee's
PERS contribution shall be made bi-weekly through 30 June
1992 at which time such payment shall terminate and CITY
shall be permitted to withhold the full amount of the then
current sum of employer contributions from employee's pay,
unless the parties agree on or before 30 June 1992 in a
written memorandum of understanding to continue the CITY
pickup of employee contributions.
ARTICLE 6 - INSURANCE
6.1 HEALTH INSURANCE
During the term of this Agreement the City shall offer both
indemnity and HMO medical insurance plans unless during the
term of the Agreement the Employee Relations Committee
recommends alternative plans and the recommendation is
accepted by the City Council.
6.2 DENTAL INSURANCE
During the term of this Agreement, the City shall offer
dental insurance through a dental carrier, unless during the
term of the Agreement the Employee Relations Committee
recommends an alternative carrier and the recommendation is
accepted by the City Council.
6.3 Effective 1 July 1988, employees shall pay the following
premium rates for medical and dental insurance.
Years of Service Medical Dental
employee +1 dep. +2 dep. All
0-2 0 $19.59 $32.47 $3.07
3-4 0 $ 9.80 $16.24 $1.54
4 0 0 0 0
6.4 Any increases to the dependent portion of medical or dental
premiums that occur during the term of this Agreement shall
be paid one half by the employee and one half by the City.
5
6.5 LIFE INSURANCE
City agrees to pay the entire premium for a $10,000 term
life insurance policy on each member of the unit.
ARTICLE 7 - EDUCATION INCENTIVES
7.1 CITY agrees to pay the following education incentives to
permanent employees who hold degrees above the minimum
required in their respective classifications:
A. Associate of Arts Degree - $450 annually
B. Baccalaureate Degree - $900 annually
7.2 Such incentive pay shall be paid bi-weekly to employees who
hold job related degrees as determined by the department
head and Personnel officer. Employees who are receiving
such incentive on 30 June 1981 shall continue to receive
such incentive as computed on the preceding page for the
term of this agreement.
7.3 If an employee is promoted to a classification that requires
a degree, the employee shall not receive any education
incentive pay for the required degree.
ARTICLE 8 - HOLIDAYS
8.1 For the purpose of this agreement, the following days are
the holidays for the employees in this unit:
Independence Day
July 4
Labor Day
1st Monday in Sept.
Veteran's Day
November 11
Thanksgiving Day
4th Thursday in Nov.
Day after Thanksgiving
Friday after Thanksgiving
Christmas Day
December 25
New Year's Day
January 1
Lincoln's Birthday
February 12
Washington's Birthday
3rd Monday in February
Memorial Day
Last Monday in May
Floating Holiday
Varies
Floating Holiday
Varies
8.2 It is agreed that when a holiday is proclaimed by the Mayor
of the CITY, then each employee shall be granted time -off in
the same number of equivalent work hours.
L
ARTICLE 9 - VACATION LEAVE
9.1 During the term of this agreement, paid vacation leave shall
be earned at the rate contained in the Personnel Rules and
Regulations on a bi-weekly basis.
9.2 There is no limit on the amount of unused vacation leave
hours that may be accumulated by members of this unit.
9.3 Upon termination of employment with the CITY, a member of
this unit shall receive pay for his/her current vacation
leave balance up to a maximum of the employee's annual
entitlement at his/her current base hourly rate.
9.4 An employee's unused vacation leave balance as of 1 July
1983 is hereby "frozen" for cash payoff at the employee's 30
June 1983 base hourly rate, upon termination of employment
with the CITY.
9.5 Beginning 16 July 1983, should an employee's bi-weekly
unused vacation leave balance ever become lower in total
hours accumulated than his/her ending balance of 1 July 1983
then upon termination of employment with the CITY, the
employee shall only receive compensation for his/her lowest
bi-weekly unused vacation leave balance computed at the 30
June 1983 employee's base hourly rate.
9.6 This section does not preclude any additional entitlement
the employee may receive under 9.3 of this article.
ARTICLE 10 - ADMINISTRATIVE LEAVE
10.1 Each member of the unit is eligible to earn sixteen (16)
hours of administrative leave per fiscal year. The time
during the fiscal year at which an employee may take
administrative leave shall be determined by their department
head with regard for the wishes of the employee and
particular regard for the needs of the services.
10.2 No administrative leave may be accumulated for use in a
following fiscal year, except upon prior approval of the
City Administrator. Unused administrative leave may not be
cashed -out upon termination with the CITY.
ARTICLE 11 - SICK LEAVE
11.1 During the term of this agreement, sick leave shall be
earned at the rate of one (1) eight -hour workday for each
calendar month of service. There shall be no maximum to the
amount of sick leave that an employee may accumulate.
Upon the service retirement of an employee who has more than
ten (10) years of service with the CITY, said employee shall
be entitled to receive payment for up to the first ninety
F
(90) days of his/her accrued sick leave at twenty-five (25%)
of the employee's rate of pay as of the date of service
retirement.
At the earliest possible date, City shall amend its contract
with PERS to include sick leave conversion for retirement
via PERS.
Service retirement is defined as service retirement from
both the CITY and the respective retirement system thereof.
11.2 Wellness Incentive
If the unit average sick leave utilization is reduced by 10%
during FY 88-89, then any unit member who used three (3) or
fewer sick leave days during FY 88-89 may convert up to
twelve (12) sick leave days to vacation leave at the ratio
of 3 sick leave days to 1 vacation day.
An additional unit reduction in average sick leave use of 5%
in FY 89-90, for a total reduction of 15% from FY 87-88 sick
utilization level, will maintain this conversion program.
If the average sick leave utilization attained in FY 89-90
is maintained for FY 90-91, then the conversion program
remains in effect for FY 91-92.
ARTICLE 12 - WELLNESS INCENTIVE
12.1 All employees in the unit will, at annual performance
evaluation time, have their blood pressure checked and a
cardiac monitor reading done by certified EMT-11's at the
City Fire Department.
12.2 Results of the test are submitted in confidence to the
employee, the evaluating supervisor, the department head,
and Personnel Officer, and reviewed for preliminary physical
conditioning recommendations.
ARTICLE 13 - OVERTIME COMPENSATION
13.1 DEFINITION OF OVERTIME
13.1.1 All work required by the City and actually performed
beyond forty (40) hours worked in a workweek is defined
as Fair Labor Standards Act (FLSA) overtime. FLSA
overtime shall be compensated at one and one-half (1-
1/2) times the employee's regular rate of pay, and
defined by FLSA.
13.1.2 All work required by the City and actually worked
beyond eight (8) hours in a workday but less than forty
(40) hours in a workweek is defined as non-FLSA
D
overtime. Non-FLSA overtime shall be compensated at
the employee's regular rate of pay.
13.2 COMPENSATORY TIME OFF (CTO)
13.2.1 At the employee's option, Compensatory Time Off may be
taken in lieu of cash payment for overtime.
13.2.2 CTO may be accrued. An employee's CTO balance shall
indicate the amount of CTO to be taken off. For
example, if an employee works two (2) hours of FLSA
overtime and elects to accrue CTO, the employee's CTO
balance shall indicate three (3) hours.
13.2.3 An employee's CTO balance shall not exceed a maximum of
forty (40) hours. If overtime is earned which would
exceed this limit, the excess shall be paid in cash.
13.2.4 FLSA overtime shall be accrued and taken at one and on -
half (1-1/2) times the amount of overtime actually
worked. For example, if an employee works two (2)
hours FLSA overtime in a workweek, the employee shall
be entitled to either two (2) hours FLSA overtime in a
workweek, the employee shall be entitled to either two
(2) hours pay at one and one-half (1-1/2) times the
employee's regular rate of pay, or three (3) hours of
CTO.
13.2.5 Non-FLSA overtime shall be accrued and taken at the
amount of time actually worked in excess of eight (8)
hours each workday. For example, if employee works two
(2) hours non-FLSA overtime in a workday, the employee
shall be entitled to two (2) hours pay at the regular
rate of pay, or two (2) hours of CTO.
13.2.6 Employees in this unit have the option of utilizing
non-FLSA overtime within the workweek it is earned, or
having overtime worked in that workweek applied to
their CTO accumulation.
13.2.7 All CTO requested by an employee shall be approved in
advance by the employee's Department Head.
ARTICLE 14 - MILEAGE
CITY will pay $.20 per mile as reimbursement to members of the
Unit for all mileage they incur when on official business,
Provided there is no CITY car or other pool car available for
CITY business. Said reimbursement shall be subject to
availability of funds in the CITY budget and approval by the
Department Head.
9
ARTICLE 15 - RETIREMENT PROGRAM
15.1 The City currently participates in the State of California
Public Employees' Retirement System (PEAS, 2% at 60) for
members of this unit.
15.2 If the State Legislature adopts a two-tier PERS retirement
program applicable to unit members, then all unit members
employed after the effective date of such PERS changes shall
be placed in a new retirement plan or one selected by the
City. Current employees at the time of plan adoption will
have a one-time option to enter the new plan; enrollment
period to be selected by CITY.
ARTICLE 16 - FULL UNDERSTANDING, MODIFICATION WAIVER
16.1 This Agreement sets forth the full and entire understanding
of the parties regarding the matters set forth herein, and
any other prior or existing understanding or agreements by
the parties, whether formal or informal, regarding any such
matters are hereby superseded or terminated in their
entirety.
16.2 It is agreed and understood that each party hereto
voluntarily and unqualifiedly waives its right to negotiate,
and agrees that the other party shall not be required to
negotiate, with respect to any matter covered herein.
16.3 No agreement, alteration, understanding, variation, waiver,
or modification of any of the terms or provisions contained
herein shall in any manner be binding upon the parties
hereto unless made and executed in writing by all parties
hereto, and if required, approved by the CITY and ratified
by the members of this unit.
ARTICLE 17 - NO STRIKE, NO LOCK -OUT
17.1 During the term of this agreement, the CITY will not lock-
out any employees nor will the employees cause, authorize,
advise or encourage any interruption of work or any other
concerted action. The term "interruption of work" shall
mean any work stoppage or strike (including economic and
unfair labor practice strikes) or any intentional slowdown
of work. The term "other concerted action" includes
picketing or boycott activities by the employees.
17.2 There shall be no refusal to work on, handle or produce any
materials or equipment because of a labor dispute.
17.3 Any employee engaging in any action prohibited by this
Article shall be subject to immediate discharge or such
other discipline as the CITY may assess. Such discharge or
discipline shall not be reviewable through the Grievance
Procedure.
ARTICLE 18 - SEPARABILITY
If any provision(s) are held to be contrary to law by a court of
competent jurisdiction, such provision(s) will not be deemed
valid and subsisting except to the extent permitted by law, but
all other provisions will continue in full force and effect.
11
U
Confidential Employees Unit
Ardith Davis
Elane Novak
5� 'ZO- 4
Susan L. Parks
Signature
City of Morro Bay
Forrest W. Henderson
12
RESOLUTION NO. 72-88
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 Section 35000 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, bene-
fits, and conditions of employment with the Morro Bay City
Employees' Association; and
WHEREAS, the meetings between the Morro Bay City Employees'
Association and the City have 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 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 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 Memo-
randum of Understanding as attached and made a part of this reso-
lution herewith.
PASSED AND ADOPTED by the City Council of Morro Bay at a
regular meeting thereof held this 11th day of July, 1988, by the
following roll call vote:
AYES: Donnelly, Lemons, Odell, Sheetz, Reddell
NOES: None
ABSENT: None
Dale Reddell, Mayor
ATTEST:
Ar ith Davis,
vis, City Clerk
MEMORANDUM OF
BETWEEN THE
MORRO BAY PEACE OFFICERS ASSOCIATION
AND THE
CITY OF MORRO BAY
1 JULY 1988 - 30 JUNE 1992
NO. 70-8 8
A RESOLUTION OF TEE -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
THE CITY COUNCIL
City of Morro Bay, California
WHEREAS, in accordance with the provisions of the California
Government Code Section 35000 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 Peace
Officers' Association; and
WHEREAS, the meetings between the Morro Bay Peace Officers'
Association and the City have resulted in a mutual agreement and
understanding to recommend that the employees represented by the
Morro Bay Peace Officers' Association accept all of the terms and
conditions as set forth in a Memorandum of Understanding, an
agreement attached and made a part of this resolution herewith;
and
WHEREAS, the City now desires to provide said changes in
benefits to said police 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 llth day of July, 1988, by the
following roll call vote:
AYES:
NOES:
ABSENT:
ATTEST:
Ardith Davis, City Clerk
Dale Reddell, Mayor
TABLE OF CONTENTS
ARTICLE NO.
SUBJECT
PAGE
1
PURPOSE
1
2
TERM
1
3
RENEGOTIATIONS
1
4
RECOGNITION
2
5
AUTHORIZED AGENTS
2
6
MANAGEMENT
2
7
ANTI -DISCRIMINATION
2
8
ASSOCIATION BUSINESS
3
9
DUES DEDUCTION
4
10
WORK SCHEDULE
5
11
SALARIES
6
12
MEDICAL INSURANCE
7
13
EDUCATION INCENTIVE
8
14
UNIFORMS
9
15
HOLIDAYS
9
16
VACATIONS
10
17
SICK LEAVE
11
18
SHOOTING QUALIFICATION PAY
11
19
OVERTIME
11
20
SPECIAL PAY
12
21
MILEAGE
13
22
OUT -OF -CLASS
13
23
WELLNESS PROGRAM
13
24
PERSONNEL FILES
14
25
DEPOSIT OF DEDUCTIONS
14
26
BULLETIN BOARDS
14
27
HEALTH AND SAFETY
15
28
FULL UNDERSTANDING
15
29
NO STRIKE, NO LOCKOUT
16
30
ASSOCIATION REPRESENTATIVES
16
31
GRIEVANCE PROCEDURE
16
32
PROBATIONARY PERIOD
20
34
SEVERABILITY
20
SIGNATURE PAGE
21
MEMORANDUM OF UNDERSTANDING
BETWEEN THE MORRO BAY PEACH OFFICERS' ASSOCIATION
AND THE CITY OF MORRO BAY
ARTICLE 1 - PURPOSE
1.1 WHEREAS, the City of Morro Bay is a municipal corporation
existing under the laws of the State of California as a
general law city; and
1.2 WHEREAS, the City of Morro Bay is limited, insofar as funds
are concerned, because of a fixed tax rate; and in structure
because it is a public entity rather than a profit -making
business; and
1.3 WHEREAS, the Morro Bay Peace Officers' Association and the
City of Morro Bay recognize that the mission and the purpose
of the City is to provide for high -quality and economical
municipal services and facilities to the residents of the
City of Morro Bay.
1.4 THEREFORE, this Memorandum of Understanding is entered into
as of 1 July 1988 between the City of Morro Bay, referred to
as CITY and the Morro Bay Peace Officers' Association,
referred to as ASSOCIATION.
1.5 It is the intent and purpose of this memorandum to assure
sound and mutually beneficial working and economic relations
and conditions between the parties hereto; to provide for an
orderly and peaceable method and manner of resolving any
differences which may arise and to negotiate any
misunderstanding which could arise and to set forth herein
the basic and full agreement between the parties concerning
the pay wage, hours of employment, and other terms and
conditions of employment.
ARTICLE 2 - TERM
Except as otherwise provided
Commences 1 July 1988 and
terminated on 30 June 1992.
ARTICLE 3 - RENEGOTIATIONS
herein, the term of this agreement
expires and is otherwise fully
3.1 In the event either party wants to renegotiate a successor
Agreement, such party shall serve upon the other during the
period 1 February to 15 April 1992, its written request to
begin negotiations as well as its full and entire written
proposals amending this Agreement.
3.2 Upon receipt of such written notice and proposals
negotiations shall begin no later than thirty (30) days
after such receipt or 15 April 1992 whichever is later.
ARTICLE 4 - RECOGNITION
Pursuant to the the Resolution No. 74-69, the Employer -Employee
Relations Resolution of the City of Morro Bay and applicable
state law, the Morro Bay Peace officers' Association, (hereafter
"ASSOCIATION") was designated by the City of Morro Bay (hereafter
"CITY") City Council as the representative of City employees in
the Law Enforcement Unit (hereafter "UNIT"). The term
"employee"or "employees" as used herein shall refer only to
employees employed by city in the employer classification
comprising said unit as listed in ARTICLE 11 - SALARIES.
ARTICLE 5 - AUTHORIZED AGENTS
5.1 For the express purpose of administering the terms and
provisions of this agreement:
5.1.1 Management's principal authorized agent shall be the
City Administrator, or his/her duly authorized
representative (address: 595 Harbor Street, Morro Bay,
CA 93442; telephone (805) 772-1214, except where a
particular management representative is specifically
designated in the agreement.
5.1.2 The Morro Bay Peace Officers' Association principal
authorized representative shall be the President of the
Association, or his/her duly authorized representative.
ARTICLE 6 - MANAGEMr r
The CITY retains all rights not specifically delegated by this
agreement including but not limited to the exclusive right to
determine the mission of its constituent departments; set
standards of service; determine the procedures and standards of
selection for employment and promotion; direct its employees;
take disciplinary action for proper cause; relieve its employees
from duty because of lack of work or for other legitimate
reasons; maintain the efficiency of governmental operations;
determine the methods, means and personnel by which governmental
operations are to be conducted; determine the con.-ent of job
classifications; take all necessary actions to carry out its
mission in emergencies and exercise control and direction over
its organization and the technology of performing its work. The
determination of whether or not an emergency exists is solely
within the discretion of the CITY and is expressly excluded from
the grievance procedure, notwithstanding Article 10, WORK
SCHEDULE.
ARTICLE 7 - ANTI -DISCRIMINATION
The CITY and ASSOCIATION mutually agree they will not
discriminate against employees for the exercise of their rights
under the State of California Government Code Section 3502.
ARTICLE 8 - ASSOCIATION BUSINESS
8.1 RELEASE TIME FOR MEET AND CONFER
8.1.1 Employee representatives designated by the ASSOCIATION
shall be granted time -off, without loss of pay, to
attend "meet and confer" sessions with the Municipal
Employee Relations Officer and/or his designees on
subjects within the scope of representation when such
meetings are scheduled during regular working hours.
It is understood that this time -off provision shall
only apply to a maximum of two employees attending any
one meeting between CITY and ASSOCIATION. Where
exceptional circumstances warrant, the City
Administrator may approve the attendance at such
meeting of additional employee representatives. The
ASSOCIATION shall, whenever practicable, submit the
names of all employee representatives to the Municipal
Employee Relations Officer at least two working days in
advance of such meetings. Provided further (1) that no
employee representative shall leave his or her duty or
work station or assignment without specific approval of
the department head or other authorized City management
official; and (2) that any such meeting is subject to
scheduling by City management in a manner consistent
with operating needs and work schedules.
8.1.2 Nothing provided herein shall limit or restrict City
management from scheduling such meetings before or
after regular City or work hours.
2 PROCESSING OF FORMAL GRIEVANCES
2.1 The Association agrees that whenever processing of a
grievance is to be transacted during working hours,
only the amount of time necessary to bring about a
prompt disposition of the matter will be utilized.
Whenever possible, the investigation of a grievance
shall be done outside normal work hours.
8.2.2 Association Representatives will be permitted
reasonable time off with pay for the processing of
grievances. Representatives, when required to process
such grievances, shall first obtain permission from the
Department Head or his/her designee and inform him/her
of the nature of his/her business. Such permission
will be granted promptly unless such absence would
cause an undue interruption of work. If possible, the
Representative shall obtain permission to process the
grievance from the Grievant's Supervisor prior to the
Representative leaving his/her worksite.
8.2.3 Upon entering a work location, the Representative shall
inform the supervisor of the nature of his/her
business. Permission to leave the job will be granted
promptly to the employee involved unless such absence
would cause an undue interruption of work. If the
employee cannot be made available, the Representative
will be immediately informed when the employee will be
made available.
ARTICLE 9 - WITHHOLDING OF ASSOCIATION DUES AND INSURANCE
9.1 It is agreed that CITY will withhold ASSOCIATION dues and
ASSOCIATION group insurance premiums from the monthly pay of
each permanent CITY employee who is a member of the
ASSOCIATION. ASSOCIATION agrees to provide CITY with
individual ASSOCIATION member authorizations signed by the
individual ASSOCIATION member authorizing CITY to make
agreed deductions; specifying the amount of each deduction;
and authorizing CITY to issue a check, payable to
ASSOCIATION, for the collective amount of the individual
deductions. CITY does not accept responsibility for
computing the amounts of deductions or for meeting payment
dates which may not coincide with established pay periods.
CITY will issue a single check to the ASSOCIATION for the
total amount of deductions withheld from the individual
Police Officer's pay. The ASSOCIATION will be responsible
for the accounting and disbursing of all such funds received
from CITY. ASSOCIATION will be responsible for properly
notifying CITY of any changes in deductions and will be the
sole agent through which CITY will act in explaining,
initiating, executing, or terminating the provisions of this
Article. Such notification must be received by the CITY at
least two weeks prior to the effective date of the change.
Also, such change notice must include a copy of the notice
sent to the employees officially telling them of the change.
9.2 All Association members on payroll deduction for payment of
Association dues on the day of signing of this Memorandum of
Understanding must remain on payroll deduction for the life
of the Agreement or so long as they remain members of the
Bargaining Unit. Association members who establish payroll
dues deduction during the term of this Memorandum
Understanding must remain on payroll deduction for the life
of this Memorandum of Agreement or so long as they remain
members of the Bargaining Unit. Association members on dues
payroll deduction may terminate such Association dues during
the period of December 15-31 by notifying both the
Association and the City Personnel Department of their
termination of Association dues deduction. Such
notification shall be in the form of a letter containing the
following information: Employee name, job classification
and department name.
9.3 Association shall indemnify and save harmless the City
of Morro Bay, it's officers, agents, and employees from
any and all claims, demands, damages, costs, expenses,
or liability arising out of this article.
ARTICLE 10 - WORK SCHEDULE
10.1 NORMAL HOURS
This article is intended to define the normal hours of work
and shall not be construed as a guarantee of work per day or
per week, or of days of work per week.
10.2 WORKDAY
10.2.1 The normal workday shall be eight (8) hours of work in
a twenty-four (24) consecutive hour period, except in
cases of emergencies.
10.2.2 The lunch period shall be held as part of the eight (8)
hour workday.
10.3 WORKSHIFT
10.3.1 Employees shall be scheduled to work on regular
workshifts having regular starting and quitting times.
10.3.2 Except for emergencies, employees' workshifts shall not
be changed without 24-hour prior written notice to the
employee.
10.3.3 Call -out or overtime does not constitute a change in
workshift.
10.4 WORKWEEK
The normal workweek shall be five (5) workdays and two (2)
days of rest in a seven (7) consecutive day period, except
in cases of emergencies.
10.5 EMERGENCIES
10.5.1 Nothing herein shall be construed to limit or restrict
the authority of management to make temporary
assignments to different or additional locations,
shifts, or duties for the purpose of meeting an
emergency.
10.5.2 Such emergency assignments shall not extend beyond the
period of said emergency.
10.5.3 Short staffing caused solely by absences due to
employees taking approved paid leave shall not be
considered an emergency.
10.6 SHIFT ROTATION
Shift rotation shall coincide with the first day of the
closest pay period.
k,
ARTICLE 11 - SALARIES
11.1 PERS CONTRIBUTION
11.1.1 The CITY shall continue a plan whereby the CITY shall
contribute up to seven (7) percent of an employee's
salary on behalf of the employee to the PERS.
11.1.2 The CITY contribution will be the employee's actual
PERS obligation to a maximum of seven (7) percent.
11.1.3 These amounts paid by the CITY are employee
contributions and are paid by the CITY to partially
satisfy the employee's obligation to contribute to
PERS.
11.1.4 An employee has no option to receive the contributed
amounts directly instead of having them paid by the
CITY to PERS on behalf of the employee.
11.1.5 The Union understands and agree that employees bear the
risk of payment of any increases in the employee
contributions above the current percentage made by
action of the PERS or the state legislature.
11.1.6 It is understood and agreed to by the parties that the
CITY "pick-up" of the employee's PERS contribution is
made in lieu of a wage increase.
11.1.7 Therefore, in all comparisons made with other agencies,
the PERS percentage pick-up will be added to the
salaries otherwise provided by the CITY to the
employee, and then, comparisons will be made.
11.1.8 Parties agree that CITY payment of PERS contributions
is made based upon tax treatment currently permitted by
the State Franchise Tax Board and the IRS.
11.1.9 Should current tax treatment change, the Union and the
employee hold harmless the CITY, it's officers and
agents from any and all claims or costs of any type
including but not limited to liability for back taxes,
arising out of this agreement to pay part of the
employee's PERS contribution.
11.1.10 Should current tax treatment change, the ASSOCIATION
shall have the opportunity to meet and confer regarding
any such changes.
E
11.1.11 The CITY agrees to provide employees in this unit with
a retirement benefit program through the Public
Employees Retirement System (PERS) as follows:
1 July 1988 - continue current 1/2 at 55 plan.
1 July 1989 - implement 2% at 50 plan with 3rd level
1959 Survivor Benefit, (Section 21382.4)
and also the Sick Leave Credit option
(Section 20862.8)
1 July 1991 - implement Highest Single Year
Compensation (Section 20024.2)
11.2 SALARIES
11.2.1 Salaries during the term of the Agreement shall be
increased as follows:
Year
Julv
January
1988-89
3.5%
3%
1989-90
5.5%
non -sworn 0
A
1990-91
3.5%
3%
1991-92
3%
non -sworn 5%
B
A -Sworn
personnel -
see RETIREMENT 11.1.11
B-Sworn
personnel -
see RETIREMENT 11.1.11
11.2.2
The actual salary ranges shall be:
SERGEANT
POLICE OFFICER
CRIME KEV.
COORDINATOR LEAD DISP.
517.287-S21,E38
'
DISP./CLEP.1:
516,463-520,607
July 88
526,612-533,132
522,352-528,055
520,721-525,186
S'.6.957-521,225
Jan. 89
July 89
527,410-534,126
527,410-534,126.
523,023-526,697
523,023-528,897
S2' 343-S25.942 517,806-.22,287
525, 516-S27.2,65 518 ,7E5-S23 ,513
S17,E 9'v-522,392
Jar.. 90
527,410-534,12E
523,02.i-S2E,897
5:2,516-527,356 S1E,785-523.513
S17,E90-522,392
July 90
528,369-535,320
523.829-529,908
523 .305-S22,326 519,442-524,335
518,516-523,17E
Jan. 91
529,220-535,380
524,5=4-530,805
524,004-529,176 520 , 025-525, 056
519.071-SP3,E71
519,643-524,SBi
July 91
529,22:-53E,38O
524,544-530,805
524,724-530,0:1 520,E-6rS25,E18
S21,E57-S27.109
S20,E25-S25,E16
Jan. 92
530,681-S3S,199
525,771-532,345
525,960-S31,E54
ARTICLE 12 - ?^_JTICAL INSURANCE
12.1. "r.E-.LTz _NSURr?:CE .
During the term o_` this agreement, the City shall o`fer both
indemnity and HMO insurance plans, unless during the term Or
the Agreement the Employee RelatoS Committee -eC OiiLmendS
alternativein
carriers and the recommendation -s accepted b
the City Council.
12.2 DENTkL _NSiKFNCD
During the -terms of this k.greement, the Cityorrer
dental inSL'_r ance--ouc'-.. a dental Ca_--er, unless d ring the
term of the Agreement the Employee 3elacions Committee
zee
an alternative Carrier and the recommendation is
accepted by the City Council.
7
12.3 Effective 1 July 1988 the employees shall pay the following
monthly premium rates for medical and dental insurance:
M E D I C A L D E N T A L
HMO Plan
Years of
Service
Employee
+1 dep
+2 dep
All
0 - 2
0
$19.59
$32.47
$3.07
3 - 4
0
9.80
16.24
1.54
4+
0
0
0
0
Indemnity Plan
- 2 0 17.91 30.79 3.07
- 4 0 8.12 14.56 1.54
4+ 0 0 0 0
12.4 Any changes to the dependent portion of medical or dental
premiums that occur during the term of this Agreement shall
be shared one half by the employee and one half by the City.
12.5 It is agreed that the City's Employee Relations Committee
shall, effective with the next solicitation of Requests for
Proposals explore the feasibility of retiree health care
beyond COBRA time requirements. Any coverage made available
to future retirees shall be paid for by the retiree.
ARTICLE 13 - EDUCATIONAL INCENTIVES
13.1 CITY agrees to reimburse the cost of tuition and books for
members of the ASSOCIATION successfully passing courses
approved and authorized in advance by the Chief of Police
and the City Administrator. Successful passing of a course
is defined as a final "C" grade or better. All books paid
for by CITY will become City property to be used as a police
library. CITY agrees to provide a City vehicle for
transportation to and from classes on a car-pool basis and
as a vehicle is available. No mileage payments are
authorized for personal transportation.
13.2 For ASSOCIATION members possessing the Intermediate P.O.S.T.
Certificate, CITY agrees to pay an increase of three percent
(3%) over the salary range and step schedule established for
the position classification held by the ASSOCIATION member
and as specified in the prevailing resolution adopting a
Salary Schedule and Position Classification for City
employees.
13.3 For ASSOCIATION members possessing the Advanced P.O.S.T.
Certificate, CITY agrees to pay an increase of six percent
(6%) over the salary range and step schedule established for
the position classification held by the ASSOCIATION member
and as specified in the prevailing resolution adopting a
1]
Salary Schedule and
employees.
ARTICLE 14 - UNIFORMS
Position Classification for City
14.1 The uniform of the Law Enforcement Unit is a two-piece work
uniform of a style, material, and manufacture determined by
the Police Chief. Two (2) sets of uniforms, one (1) jacket
and hat, and one (1) set of safety equipment will be
provided to each ASSOCIATION member by the CITY upon initial
employment with the Police Department. Replacements will be
provided by the CITY on an "as needed basis" as determined
by the Police Chief. Each ASSOCIATION member shall be
responsible for the maintenance of said uniforms and
equipment, and must furnish their own safety footgear of a
type, style, and manufacture as determined by the Police
Chief.
14.2 Beginning 1 July and ending 31 July of each year, the Police
Chief will cause to be received written requests for bullet-
proof vests from any ASSOCIATION member so desiring one.
The number of bullet-proof vests purchased and issued each
year shall be determined by the Police Chief. Each
Association member issued a bullet-proof vest shall wear
such vest at all times while on -duty in a City -issued uniform.
14.3 Uniforms for dispatchers shall be as set forth in Section V
of the July 1983 Police Departmental Rules and Regulations.
ARTICLE 15 - HOLIDAYS
15.1 For purposes of this agreement, the following days are the
holidays for the employees in this unit:
New Year's Day
Lincoln's Birthday
Washington's Birthday
Memorial Day
Independence Day
Labor Day
Veteran's Day
Thanksgiving Day
Day after Thanksgiving
Christmas
Day after Christmas
Floating Holiday
January 1
February 12
3rd Monday in February
Last Monday in May
July 4
1st Monday in
November 11
4th Thursday
Friday after
December 25
December 26
Varies
September
in November
Thanksgiving
15.1.1 Employees shall earn eight (8) hours of holiday in -lieu
time on the day of the holiday. The eight (8) hours of
floating holiday in -lieu time are earned the first pay
period of each fiscal year. It is agreed that no
employee is guaranteed the actual holiday as a day off.
15.1.2 Employees who work on a holiday listed above shall
receive an in -lieu holiday as provided in 15.1.1, and
also shall be paid one and one-half (1.5) times their
base hourly rate for the hours actually worked on the
holiday.
15.2 Holidays Proclaimed by Government Officials
It is agreed that when a holiday is proclaimed by the Mayor
of the CITY then each permanent member of the Morro Bay
Peace Officers' Association shall be granted time -off in the
same number of hours as equivalent to the time -off granted
other employees of the CITY. Such time -off shall be
selected by the Police Chief.
15.3 Employees have no limit on the maximum amount of holiday
time they may accumulate. However, when an employee
terminates employment with the CITY, he/she shall receive
pay for his/her current holiday balance up to a maximum of
48 hours at his/her current base hourly rate.
15.4 CITY's denial of requested holiday time off shall be neither
arbitrary nor capricious.
ARTICLE 16 - VACATION
16.1 The following is a list of vacation accrual entitlement by
years of employment.
YEARS
ENTITLEMENT
IN DAYS
1
- 2
10
3
- 4
11
5
12
6
- 7
13
8
- 9
14
10
- 11
15
12
- 13
16
14
- 15
17
16
- 17
18
18
- 19
19
20
or more
20
In determining priority of individual members for assignment
of vacation periods, "seniority within rank" shall be the
primary criteria. It is agreed that every effort will be
made to permit ASSOCIATION members to take vacation at a
time and for periods as close to members' preference as
possible. consistent with the necessity for maintaining
adequate manning to assure performance of police department
functions. It is further agreed that every effort will be
made to schedule individual vacation periods so as to
maximize consecutive vacation days off consistent with
annual vacation entitlements.
10
16.2 VACATION ACCUMULATION
Unused vacation leave may be carried over into the following
year to a maximum of 240 hours. An employee who terminates
will have his/her vacation paid off to a maximum of his/her
current annual entitlement. Unused vacation leave otherwise
earned exceeding the authorized carry-over shall be paid -off
as of the pay period containing December 31 of each yeai, at
the employee's current base hourly rate of pay on June 30 of
the same calendar year.
ARTICLE 17 - SICK
Paid sick leave shall be earned at the rate of one (1) eight -hour
workday for each calendar month of service. There is no limit on
the amount of unused sick leave hours that may be accumulated by
members of this unit.
ARTICLE 18 - SHOOTING QUALIFICATION PAY
18.1 The parties agree that employees in this unit will
participate in four (4) range sessions per fiscal year. Two
(2) range sessions will be practice and two (2) will be
qualifying range sessions.
18.2 CITY agrees to pay to ASSOCIATION members a monthly shooting
qualification pay to be adjusted each January 1 and July 1
in accordance with the following schedule:
Master 94 + score 57-60 hits = $20.00
18.2 Qualification rounds will be fired with service weapons and
against targets prescribed by the Chief of Police.
ARTICLE 19 - OVERTIME
Overtime is defined as all work authorized by management and
actually worked by the employee in excess of forty (40) hours
worked in a workweek. Increments of less than fifteen (15)
minutes shall not be counted as overtime. For the purpose of
defining hours worked, vacation leave and holiday leave shall oe
considered as time worked in a workweek.
All overtime as defined above shall be paid at one and one -:calf
(1.5) times the employee's regular rate of pay.
NOTE: Hours spec.t in court under what used to be termed
"Court Appearance Pay" shall be considered and paid as
part of this article; except for the "minimum pay,"
which is now covered under Special Pay Practices.
11
ARTICLE 20 - SPECIAL PAY PRACTICES
20.1 STANDBY
Standby duty is defined as that circumstance which requires
an employee so assigned to:
20.1.1 Be ready to respond immediately to a call for service;
20.1.2 Be readily available at all hours by telephone; and
20.1.3 Refrain from activities which might impair his/her
assigned duties upon call.
Employees on standby shall be compensated for two (2) hours
computed at their straight hourly base rate per twenty-four
(24) hours of authorized standby time.
20.2 CALL BACK
Call back is defined as:
20.2.1 That circumstance which requires an employee to
unexpectedly return to work after the employee has left
work at the end of the employee's workshift or
workweek; except that, an early call in of up to two
(2) hours prior to the scheduled start of a workshift
shall not constitute a call back; or,
20.2.2 Required off -duty court appearance.
Employees on call back shall receive either a two (2) hour
minimum computed at straight hourly base rate or pay for all
time actually worked, whichever is greater. An employee
shall not receive overlapping minimums.
An employee shall not receive standby pay for the same hours
he/she received call-back pay.
20.3 FIELD OFFICER/DISPATCHER TRAINING PAY
20.3.1 An employee who is a POST qualified FTO and is assigned
as an FTO, shall receive an additional one dollar
($1.00) per hour when he/she actually performs the
duties of an FTO.
20.3.2 An employee who is in the classification of Dispatcher
and is assigned to train a new Dispatcher, shall
receive an additional one dollar ($1.00) per hour when
he/she actually performs the duties of a
Dispatch Trainer.
20.3.3 The parties agree, the Chief has the right to assign
the FTO function to any qualified FTO and to assign the
Dispatcher Training function to any qualified
Dispatcher.
12
20.4 ACTING WATCH COMMANDER PAY
20.4.1 An employee who is assigned as an Acting Watch
Commander shall receive an additional one dollar
($1.00) per hour when he/she actually performs the
duties of an Acting Watch Commander.
20.4.2 The parties agree, the Chief has the right to assign
the Acting Watch Commander function to any qualified
employee.
ARTICLE 21 - MILEAGE
21.1 CITY will pay $.205 per mile as reimbursement to employees
for all mileage they incur when on official business.
21.2 Except where the nature of the assignment requires a marked
vehicle, the employee has the option of using his/her
personal automobile on official business outside of the
City.
ARTICLE 22 - OUT -OF -CLASS ASSIGNMENT
22.1 The term "out -of -class assignment" shall be defined as the
full-time performance of the significant duties of a vacant,
funded position in one classification by an individual in a
classification with a lower compensation range.
22.2 If an employee is required to work in an out -of -class
assignment for more than fifteen (15) work days, within a
calendar month his/her department head shall, with prior
approval of the Personnel Officer, make an acting
appointment. Such acting appointment shall be effective on
the sixteenth (16th) work day within a calendar month of the
out -of -class assignment.
An employee on an acting appointment shall receive a one (1)
step increase within the employee's current classification
salary as provided by City's Personnel Rules and
Regulations. In the absence of available steps within
his/her current range, the employee shall be granted a five
percent (5%) increase above his/her current base salary.
ARTICLE 23 - WELLNESS PROGRAM
23.1 All employees in the unit will, at annual performance
evaluation time, have their blood pressure checked and a
cardiac monitor reading done by certified EMT-II's at the
City Fire Department.
23.2 Results of the tests are submitted in confidence to the
employee, the evaluating supervisor, the department head and
Personnel Officer, and reviewed for preliminary physical
conditioning recommendations.
13
ARTICLE 24 - PERSONNEL FILES
24.1 DEFINITION
An employee's official personnel
Personnel Department under the
Personnel Officer.
file shall be kept in the
control and custody of the
The Police Department may maintain employee records, but
such records must be made a part of the official file before
they may be used as a part of any personnel action.
Files developed as a part of an internal investigation may
be maintained by the Police Department separate from the
Personnel file.
24.2 ACCESS BY EMPLOYEE
The contents of an employee's personnel file shall be made
available to the employee, or with the employee's written
authorization, to the employee's representative, at
reasonable intervals during the regular business hours of
the City.
24.3 PLACEMENT IN FILE
The City shall notify an employee prior to the placement
within the employee's personnel file of any material that
would adversely effect the employee's performance
evaluation, promotability or tenure.
The City shall give the employee the opportunity to review
such adverse material and to attach a statement thereto.
The employee shall initial such material to indicate that
she/he has had an opportunity to review the material.
24.4 GOVERNMENT CODE
Nothing herein is meant to diminish City rights provided by
the Government Code.
ARTICLE 25 - DEPOSIT OF DEDUCTIONS
It is agreed that City will deposit payroll deductions made
payable to the San Luis Obispo City and County Employee Credit
Union providing the ASSOCIATION makes arrangements for such
services that are acceptable to both members and CITY under the
same conditions as prevails for deductions under Article 9.
ARTICLE 26 - BULLETIN BOARD
26.1 CITY agrees to furnish space
bulletin boards of reasonable
ASSOCIATION material. Location
shall be at the Police Station in
briefings or meetings.
for ASSOCIATION -purchased
size for the posting of
of such bulletin boards
an area commonly used for
14
26.2 Association agrees it shall not use bulletin boards to
ridicule, defame, or harass any City employees, officer or
agent.
ARTICLE 27 - HEALTH AND SAFETY ARTICLE
27.1 Management shall provide and maintain safe and healthy work
facilities and equipment.
27.2 Safety and health conditions in employment in the City of
Morro Bay are subject to the provisions of State and Federal
legislation which regulates the health environment and
safety conditions of the work place.
27.3 A Citywide• Safety/Loss Control Committee shall be
established and shall review accidents, review alleged
safety deficiencies, and recommend safety training and
safety equipment. The Union may appoint one unit
representative to serve on the committee. If the committee
meets during the designated employee's normal working hours,
the employee shall receive paid release time to attend the
meeting.
27.4 If an employee becomes alerted to an unsafe condition or
health hazard, he/she shall report such conditions to
his/her immediate supervisor. If such conditions cannot be
satisfactorily remedied by the immediate supervisor, an
employee has the right to submit the matter either
personally or through the steward to his/her Department Head
or designated safety representative. On any matter of
safety not resolved, after proceeding through the above
process, consultation will take place between management and
the Union if requested.
27.5 A first aid kit shall be furnished and maintained at work
facilities readily and conveniently accessible to unit
employees.
27.6 Management agrees to provide to employees who are exposed to
potentially toxic agents or toxic materials the appropriate
medical services at no cost to the employee.
27.7 Any safety equipment required by the City shall be furnished
by the City.
ARTICLE 28 - FULL UNDERSTANDING, MODIFICATION WAIVER
28.1 This Agreement sets forth the full and entire understanding
of the parties regarding the matters set forth herein, and
any other prior or existing understanding or agreements by
the parties, whether formal or informal, regarding any such
matters are hereby superseded or terminated in their
entirety.
15
28.2 It is agreed and understood that each party hereto
voluntarily and unqualifiedly waives its right to negotiate,
and agrees that the other party shall not be required to
negotiate, with respect to any matter covered herein.
28.3 No agreement, alternation, understanding variation, waiver,
or modification of.any of the terms or provisions contained
herein shall in any manner be binding upon the parties
hereto unless made and executed in writing by all parties
hereto, and if required, approved by the City and ratified
by the membership of the Association.
28.4 The waiver of any breach of any term, or condition of this
Agreement by either party shall not constitute a precedent
in the future enforcement of all its terms and provisions.
ARTICLE 29 - NO STRIKE, SLOW -DOWN OR OTHER INTERRUPTION TO WORK
29.1 ASSOCIATION agrees not to cause, authorize, advise,
encourage or participate in any interruption of work or any
other concerted action. The term "interruption of work"
shall mean any work stoppage or strike (including economic
and unfair labor practice strikes) or any intentional slow-
down of work. The term "other concerted action" includes
picketing or boycott activities by the ASSOCIATION.
29.2 Participation by any employee in any activity resulting in
interruption of work or other concerted action or use of
paid or unpaid leave for these purposes shall subject
employee to disciplinary action, up to and including,
discharge. When the Municipal Employee Relations Officer
has reason to believe that such leave is being used as a
method of interruption work, the burden of proof of illness
is upon the employee. Doctor's statements can be required.
ARTICLE 30 - ASSOCIATION REPRESENTATIVES
The CITY agrees that the ASSOCIATION may designate representative
to represent employees in the processing of grievances. The
ASSOCIATION shall furnish the City Administrator with a written
list identifying by name and work location all regular and
alternate representative and the list shall be kept current by
the ASSOCIATION at all times. The representatives are to begin
investigating grievances only after the employee has tried to
resolve the problem with his/her immediate supervisor and the two
parties have failed to reach resolution of the problem.
ARTICLE 31 - PROCESSING OF FORMAL GRIEVANCES
31.1 The ASSOCIATION agrees that whenever investigation or
processing of a grievance is to be transacted during working
hours, only the amount of time necessary to bring about a
prompt disposition of the matter will be utilized. It is
16
further agreed that the time spent on an investigation and
processing of grievances will not interfere with the normal
operation of the department. CITY agrees to provide every
reasonable amount of time for the investigation and the
processing of a grievance, but by so agreeing does not imply
that the processing or investigation of a grievance shall
take priority over normal functions of the department.
CITY further agrees that any payment of overtime arising
because of ASSOCIATION personnel's involvement in grievance
investigation or processing shall not be authorized. Time
spent on the investigation and processing of grievances will
be recorded on a form provided by CITY. Stewards will be
permitted reasonable time -off with pay for the investigation
and processing of grievances provided, however, that
stewards shall first obtain permission from the department
head and/or his/her designee and inform him/her of the
nature of his/her business. CITY shall grant such
permission promptly unless such absence would cause an undue
interruption of work or would require the CITY to pay
overtime in order to maintain the normal operation of the
department.
Upon entering the work location, the steward shall inform
the department head and supervisor of the nature of his/her
business. Permission to leave a job will be granted to the
employee involved unless such absence would cause an
interruption of work. If the employee cannot be made
available, the steward will seek an alternate time for
employee availability with the department head or
supervisor.
It is agreed that in some instances the investigation and
processing of a grievance may be accomplished on the
employees time. This agreement is in recognition of the
mutual sharing of costs involved in the handling of employee
initiated actions.
31.2 GRIEVANCE PROCEDURE
The primary purpose of this procedure shall be to provide a
means whereby an employee, without jeopardizing his
employment, can express a personal grievance relating to his
wages, hours of work, and working conditions, and obtain a
fair and equitable disposition of his grievance.
31.2.1 DEFINITION OF INFORMAL GRIEVANCE
An informal grievance is defined as a verbal
disagreement by an employee expressed to his supervisor
with a request to informally discuss the grievance with
the supervisor and/or the department head.
17
31.2.2 DEFINITION OF FORMAL GRIEVANCE
A formal grievance shall be defined as any written
complaint of an employee filed with his immediate
supervisor within thirty (30) days of the subject of
the grievance relating to his wages, hours of work, and
working conditions.
31.2.3 INFORMAL DISCUSSION WITH SUPERVISOR
An employee shall first pursue all informal grievances
with his supervisors and at any time that the employee
or the supervisor or department head deem that the
informal grievance is a formal grievance, the employee
may reduce it to a formal written grievance. An
employee with an informal grievance is encouraged first
to attempt to resolve the problem by discussing it
informally with his first line supervisor before filing
a written grievance.
31.2.4 FORMAL CONFERENCE WITH SUPERVISOR
If an employee does not obtain satisfaction of this
informal grievance by means of an informal discussion
with his supervisor, or if he is unable to communicate
with his supervisor, he and/or his representative may,
by written grievance, request and shall be accorded a
formal conference within ten (10) days with the
supervisor and/or department head. The decision of the
supervisor shall be reported to the employee and/or his
representative within five (5) business days of the
date the conference was held with the supervisor.
31.2.5 DEPARTMENTAL REVIEW
In :he event the employee does not obtain satisfaction
at any level of review by means of informal or formal
grievance and a formal conference with his supervisors,
he and /or his representative may submit the grievance
in writing to the supervisor or department head. The
procedure to be followed by the supervisor who receives
a grievance in writing shall be established by each
department head for his department, and shall include
review of the grievance by the immediate supervisor and
such successively higher levels of management as may be
determined by the department head. A cumulative record
of the decision and the reason for the decision at each
level of review shall be maintained. The ultimate
decision shall be that of the department head. The
decision must be reported to the employee in writing
within ten (10) business days of the date that the
request for departmental review was submitted to the
supervisor.
31.2.6 APPEAL TO THE CITY ADMINISTRATOR
In the event the employee does not obtain satisfaction
by means of the departmental review, he and/or his
representative shall submit the grievance in writing to
m
the City Administrator within ten (10) days after
notification of the departmental decision is given to
the employee. The City Administrator may meet with the
employee and/or his representative and the department
head before making a decision; or may waive
administrative review and refer the grievance directly
to a committee of the City Council appointed to hear
grievances. A copy of his decision on the matter must
be presented to the employee within ten ( 10 ) business
days of the date the grievance was filed with the City
Administrator.
31.2.7 SUBMISSION TO A COMMITTEE OF THE CITY COUNCIL
In the event that the employee does not obtain
satisfaction by means of the administrative procedures
outlined above, he may request a hearing by a committee
of the City Council. The hearing shall be held by the
committee within fifteen (15) business days of the date
of receipt of the request at the convenience of all
parties, unless waived by common consent of the
employee and the department head. The hearing shall be
informal. The employee and/or his representative, the
department head and/or the City Administrator shall
appear before the committee to present facts pertinent
to the case. The burden of proof shall rest with the
employee. The committee shall limit its review of the
grievance procedure and shall make its decision within
thirty (30) days after the termination of the hearing
unless a reasonable time extension is deemed necessary
and all parties are notified.
31.2.8 TIME LIMITS
In the case of time limits outlined above are not
observed by the representative of the City, the
employee and/or his representative shall have the right
to carry the grievance directly to the next higher
level of review.
31.2.9 GROUP GRIEVANCE PROCEDURE
The recognized employee organizations may present a
general grievance (affecting several employees) in
writing directly to the City Administrator. Upon
receipt of such a grievance, the City Administrator
shall establish a time for a hearing, at which time all
affected parties may appear before the City
Administrator to present facts pertinent to the issue.
The decision of the City Administrator shall be
presented to all parties concerned within fifteen (15)
business days and shall be appealable by the group to a
committee of the City Council for their findings and
recommendations within thirty (30) days. If either
party wishes to appeal, they may file an appeal with
the City Council as a whole within five (5) working
3]
days of the final decision of the committee of the City
Council.
ARTICLE 32 - PROBATIONARY PERIOD
The parties agree that effective 1 July 1988 any appointments to
fill vacant positions shall be subject to the following
probationary periods:
Sworn personnel - 18 months
Non -sworn personnel - 12 months
ARTICLE 33 - SEVERABILITY
If any provision(s) are held to be contrary to law by a court a
competent jurisdiction, such provisions will not be deemed valid
and subsisting except to the extent permitted by law, but all
other provisions will continue in full force and effect.
20
s
SIGNATURES
MORRO BAY PEACE OFFICERS' ASSOC.
By:
Jerry Lennon
By:
ale Salfer i
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By.
Jon Gajdo� /
By:L�`�^� ✓/��-*Ltd—L! /
J"dy Me donca-Nist
CITY OF MORRO BAY
m
Steve Schinnerer
By: iqA��
Forrest W. Henderson
By:
Dave Howell