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HomeMy WebLinkAboutResolution 01-89 to 78-89• RESOLUTIONS - 1989 6 NUMBER TITLE 01-89 RESOLUTION ESTABLISHING THE ORDER OF BUSINESS AT CITY COUartt MEETINGS, & SETTING CERTAIN RULES OF PROCEDURE GOVERNING PUBLIC COMMENTS & COUNCILMEMBER ABSENTIONS' 01-09-89 02-89 RESOLUTION APPROVING APPLICATION FOR GRANT FUNDS FOR PER CAPITA GRANT PROGRAM UNDER CA WILDLIFE, COASTAL, & PARK LAND CONSERVATION ACT OF 1988 FOR TIDELANDS PARK PROJECT, RECREATIONAL PHASE 01-09-89 03-89 RESOLUTION SETTING FORTH THE OPERATING PROCEDURES FOR ADMINISTRATION OF THE 1989 ANNUAL WATER ALLOCATION PROGRAM 01-09-89 04-89 RESOLUTION ACCEPTING TRANSFER OF REAL PROPERTY ADJACENT TO PINEY WAY & PINEY LANE FROM COUNTY OF SLO 01-09-89 05-89 RESOLUTION ACCEPTING COASTAL COMMISSION CERTIFICATION WITH CONDITIONS & ADOPTION OF MINOR MODIFICATIONS TO LANGUAGE OF LUP IN PLANNING AREA 4 (WILLIAMS BROS., MEASURE B AREA) OF THE MB LCP, AMENDMENT NO. 01-88 TO CONFORM TO COASTAL COMMISSION CONDITIONS (CASE NO. LUP/ZOA 01-88) 01-09-89 06-8Q RESOLUTION ACCEPTING COASTAL COMMISSION CERTIFICATION OF AMENDMENT REQUESTS TO IMPLEMENTATION PROGRAM (ZONING ORDINANCE) IN PLANNING AREA 4 (WILLIAMS BROS., MEASURE B AREA) OF THE MB LCP, AMENDMENT NO. 02-88 (CASE NO. LUP/ ZOA 01-88) 01-09-89 07-8q RESOLUTION DISAPPROVING WITHOUT PREJUDICE THE SLO COUNTY HAZARDOUS WASTE MANAGEMENT PLAN 01-23-89 08-89 RESOLUTION ADOPTING REGULATIONS REGARDING THE LICENSING & REGULATION OF TOW CAR SERVICES & DRIVERS 01-23-89 09-89 APPROVING THE SERVING OF ALCOHOLIC BEVERAGES FOR LEASE SITE 78-79/78-79W 02-14-89 10-89 10-89A 11-89 12-89 13-89 RESOLUTION ANNOUNCING FINDINGS & APPROVING TENTATIVE TRACT MAP NO. 1231 FOR A 13 LOT SUBDIVISION: LOPERENA 02-27-89** RESOLUTION APPROVING'SUBLEASE ON A PORTION OF LEASE SITE 67, & ADDING & DELETING PERMITTED USES ON LEASE SITE 67/67W 02-14-89 RESOLUTION ADOPTING REGULATIONS FOR USE OF THE FLOATING DOCK Al-5 RESOLUTION AWARDING CONTRACT FOR CONSTRUCTION OF BUS STOP WAITING AREA & PARK RESTROOMS: PROJECT NO. PW 88-02 RESOLUTION ACCEPTING OFFER OF DEDICATION OF EASEMENT FOR PUBLIC STREET PURPOSES ALONG PINEY WAY & PINEY LANE FROM CITY OF MORRO BAY 02-14-89 02-14-89 02-14-89 ** adopted out of order. NUMBER RESOLUTIONS - 1989 TITLE ADOPTED 14-89 RESOLUTION ADOPTING A WATER ALLOCATION PROGRAM FOR 1989 & CLARIFYING SPECIFIC OPERATING GUIDELINES FOR RESIDENTIAL COMMERCIAL & INDUSTRIAL DEVELOPMENT 02-14-89 15-89 RESOLUTION URGING ENACTMENT OF LEGISLATION TO REQUIRE MOTORCYCLISTS TO WEAR HELMETS IN CALIFORNIA 02-14-89 16-89 RESOLUTION ACCEPTING COASTAL COMMISSION CERTIFICATION OF AMENDMENT REQUESTS TO THE LAND USE PLAN & ZONING MAP (SEQUOIA COURT/IRONWOOD AREA: MERZON PROPERTY) OF THE MORRO BAY LCP, AMENDMENT NO. 02-88 02-14-89 17-89 RESOLUTION APPROVING APPLICATION FOR FUNDING FROM THE PLANNING/TECHNICAL ASSISTANCE ALLOCATIONOF THE 1989 STATE CDBG PROGRAM 02-14-89 18-89 RESOLUTION RATIFYING THE CITY EMERGENCY SERVICES DIRECTOR'•S DECLARATION OF EXISTENCE OF A LOCAL EMERGENCY CAUSED BY THE SOUTH T-PIER FIRE, & DESIGNATING THE CITY ADMINISTRATOR AS THE AUTHORIZED AGENT OF THE CITY FOR PURPOSES OF OBTAINING STATE DISASTER ASSISTANCE 02-14-89 19-89 RESOLUTION REJECTING BIDS & STATING FINDINGS OF FACT FOR USE OF DAY LABOR - WATERLINE REPLACEMENT PROJECT NO. PW 87-10 02-27-89 20-89 RESOLUTION REJECTING THE OFFER OF DEDICATION OF PUBLIC UTILITIES EASEMENT & ACCEPTING OFFERS OF DEDICATION FOR AN ADDITION TO THE ELENA STREET RIGHT-OF-WAY & A WATER- LINE EASEMENT MADE ON THE PEOPLE'S SELF HELP HOUSING PARCEL MAP MBAL 88-121 02-27-89 21-89 RESOLUTION DECLARING 1989 "THE YEAR OF THE YOUNG READER", & WELCOMING THE ESTABLISHMENT OF THE JUNIOR FRIENDS'OF THE MORRO BAY LIBRARY 02-27-89 22-89 RESOLUTION ANNOUNCING FINDINGS & DENYING THE APPEAL & APPROVING A VARIANCE TO ALLOW CONSTRUCTION OF A SINGLE FAMILY RESIDENCE ON A SUBSTANDARD LOT (MARY PHILLIPS) 02-27-89 23-89 RESOLUTION ANNOUNCING FINDINGS & DENYING THE APPEAL & UPHOLDING THE PLANNING COMMISSION'S APPROVAL OF A TENTATIVE TRACT MAP & COASTAL DEVELOPMENT PERMIT TO ALLOW A RESUB- DIVISION OF 1.7 ACRES INTO SIX RESIDENTIAL LOTS 02-27-89 24-89 RESOLUTION RATIFYING THE CITY'S APPLICATION TO THE CALIFORNIA ENERGY COMMISSION FOR TECHNICAL ASSISTANCE" 02-27-89 25-89 RESOLUTION ANNOUCNING FINDINGS & APPROVING THE FINAL DRAFT OF THE SLO COUNTY HAZARDOUS WASTE MANAGEMENT PLAN (NOVEMBER, 1988) & THE FINAL EIR 02-27-89 26-89 VOID RESOLUTIONS - 1989 NUMBER TITLE ADOPTED 27-89 RESOLUTION AUTHORIZING CITY ADMINISTRATOR TO EXECUTE TRANSFER OF REAL PROPERTY (PSHHC/OCEAN VIEW MANOR, INC.) 03-13-89 28-89 VOID 29-89 RESOLUTION ESTABISHING MODERATELY-RESTRICED WATER SUPPLY CONDITIONS 03-13-89 30-89 RESOLUTION ACCEPTING SETTLEMENT OF WORKERS' COMPENSATION CLAIM IN MALMQUIST V. CITY OF MORRO BAY 03-13-89 31-89 RESOLUTION DETERMINING THE INDUSTRIAL DISABILITY OF LOCAL SAFETY MEMBERS, JOHN M. MALMQUIST 03-13-89 32-89 RESOLUTION DECLARING WEEDS A NUISANCE & FIRE HAZARD & AUTHORIZING THE PUBLIC WORKS DEPARTMENT TO PROCEED -.� WITH ABATEMENT 03-27-89 /33-89 RESOLUTION ADOPTING AMENDMENTS TO MB LCP LUP TEXT & r MAP WITHIN PLANNING AREA 5 _ �03-27-89 .. - 34-89 RESOLUTION ANNOUNCING FINDINGS & DENYING AN APP & UPHOLDING PLANNING COMMISSIONAPPROVAL OF A CUP TO ALLOW OUTDOOR SALES & DISPLAY & TO MADE A NON -CONFORMING POLE SIGN CONFORMING 04-10-89* 35-89 RESOLUTION ADOPTING AMENDMENTS TO MB LCP LUP MAP (GENERAL PLAN MAP) FOR THE PINEY WAY VILLAGE PROPERTY 03-27-89 36-89 VOID 37-89 RESOLUTION ACCEPTING SETTLEMENT OF WORKERS' COMPENSATION CLAIM IN PIERCE V. CITY OF MORRO BAY 04-10-89 38-89 RESOLUTION AUTHORIZING PAUP, NO. 330 FOR SPECIAL HARBOR USE BY CAL POLY CREW TO HOLD A REGATTA ON 4-22-89 04-10-89 39-89 VOID 40-89 RESOLUTION DENYING REQUEST OF MORRO DEVELOPMENT COMPANY TO VACATE A ROAD EASEMENT (COLEMAN ROAD) 04-24-89 41-89 RESOLUTION REALTING TO STATE DISABILITY INSURANCE FOR CONFIDENTIAL EMPLOYEES O4-24-89 42-89 RESOLUTION AWARDING CONSTRUCTION CONTRACT FOR PROJECT NO. PW88-07; SENIOR HOUSING - PUBLIC WORKS IMPROVEMENTS TO A.J. DIANI CONST. CO., INC. 04-24-89 43-89 RESOLUTION ANNOUNCING FINDINGS & APPROVING AMENDMENTS TO GENERAL PLAN & LCP LUP ESTABLISHING THE NORTH MAIN ST. SPECIFIC PLAN 05-08-89k • RESOLUTIONS - 1989 NUMBER TITLE ADOPTED 44-89 RESOLUTION AMENDING THE OPERATING PROCEDURES FOR ADMINISTRATION OF THE ANNUAL WATER ALLOCATION PROGRAM 04-24-89 45-89 RESOLUTION OF INTENTION TO APPROVE AN AMENDMENT TO CONTRACT BETWEEN THE BOARD OF ADMINISTRATION OF THE PERS & CITY COUNCIL 04=24-89 46-89 RESOLUTION ACCEPTING OFFER OD DEDICATION OF AN ADDITION TO KENNEDY WAY RIGHT-OF-WAY AS MADE ON PARCEL MAP MB87-142 04-24-89 47-89 RESOLUTION APPROVING AN APPLICATION FOR FUNDING FROM THE GENERAL ALLOCATION OF THE STATE CDBG PROGRAM 04-24-89 48-89 RESOLUTION AWARDING BID NO. PW 88-08 FOR WEED ABATEMENT SERVICES TO JACK R. BRIDWELL OF ATASCADERO 05-08-89 49-89 RESOLUTION DECLARING BICYCLES TO BE PLACED ON A SURPLUS LIST & DONATED TO ANOTHER GOVERNMENTAL AGENCY 05-08-89 50-89 RESOLUTION AWARDING BID NOS. PW89-111A & PW89-111B FOR 2 NEW SMALL TRANSIT VEHICLES FOR DIAL -A -RIDE 05-08-89 51-89 RESOLUTION AWARDING BID NO. PW 88-09; PURCHASE OF NEW FLAT-BED DUMP TRUCK 05-08-89 52-89 RESOLUTION COMMENDING KATHLYN DAVIS, GRADUATE OF CUESTA COLLEGE AT AGE 75 05-08-89 53-89 RESOLUTION ANNOUNGING FINDINGS & APPROVING AMENDMENTS TO THE HOUSING ELEMENT OF THE GENERAL PLAN 05-08-89 54-89 RESOLUTION SUPPORTING ENACTMENT OF SB 1221 AMENDING THE CALIF. BEVERAGE CONTAINER RECYCLING & LITTER REDUCTION ACT TO INCREASE THE REDEMPTION VALUE OF CERTAIN BEVERAGE CONTAINERS 05-08-89 55-89 RESOLUTION DENYING AN APPEAL & UPHOLDING PC ACTION & APPROVING CUP TO ALLOW OUTDOOR SALES & DISPLAY OF ACCES- SORIES, SUPPLIES & PARTS FOR RECREATIONAL VEHCILES BIRD/DOHERTY 05-08-89 56-89 RESOLUTION PROHIBITING ON -STREET PARKING ON A PORTION OF KENNEDY WAY ADJACENT TO THE MORRO BAY COMMUNITY4 CENTER 05-22-89 57-89 RESOLUTION ESTABLISHING A BUSINESS LICENSE RATE SCHEDULE FOR FY 1989-90 05-22-89 58-89 RESOLUTION APPROVING FINAL MAP OF TRACT 1521, A CONDO CONVERSION OF 6 UNITS AT THE NORTHEAST CORNER OF SOUTH ST. & MORRO AVE. 05-22-89 59-89 RESOLUTION ANNOUCNING FINDINGS & APPROVING A CUP (CON- CEPT PLAN) TO PERMIT THE EXPANSION OF A COMMERCIAL FISHING FACILITY 05-22-89 0 0 RESOLUTIONS - 1989 NUMBER TITLE ADOPTED 60-89 RESOLUTION ANNOUCNING FINDINGS & GRANTING THE APPEAL OF PLANNING COMMISSION DENIAL & APPROVING THE RE -ISSUANCE OF WATER EQUIVALENCIES FOR THE BAYSHORE VILLAGE PROJECT 05-22-89 61-89 RESOLUTION DETERMINING UNPAID ASSESSMENTS & PROVIDING FOR THE ISSUANCE OF BONDS PURSUANT TO THE "IMPROVEMENT BOND ACT OF 1915" - MIMOSA STREET ASSESSMENT DISTRICT 06-12-89 62-89 RESOLUTION AWARDING SALE OF BONDS - MIMOSA ST. ASSESS- MENT DISTRICT 06-12-89 63-89 RESOLUTION APPROVING CONSENT TO SUBLEASE AGREEMENT FOR PORTIONS OF LEASE SITES 93-95 TO JOANNE SHIFLET 06-12-89 64-89 RESOLUTION RESCINDING RESOLUTION NO. 136-88 & 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 06-12-89 65-89 RESOLUTION APPOINTING PAYING AGENT -REGISTRAR - MIMOSA ST. ASSESSMENT DISTRICT 06-12-89 66-89 RESOLUTION ANNOUNCING FINDINGS & DENYING APPEAL & UP- HOLDING PLANNING COMMISSION APPROVAL OF CUP TO ALLOW GUEST HOUSE OVER A DETACHED GARAGE IN READ OF LOT 06-12-89 67-89 K-N appeal 68-89 RESOLUTION ADOPTING 89/90 MASTER FEE SCHEDULE 06-12-89 69-89 VOID 70-89 RESOLUTION APPROVING JPA AGREEMENT WITH SLO AREA COORDINATING COUNCIL 07-24-89* 71-89 RESOLUTION AWARDING BID NO. PW 89-166; NEW 5-PASSENGER MINI -VAN 06-26-89 72-89 RESOLUTION CALLING SPECIAL MUNICIPAL ELECTION FOR 11-7-89 FOR THE PURPOSE OF ADOPTING A SPECIAL TAX FOR MUNICIPAL EMERGENCY MEDICAL SERVICES; & REQUESTING CONSOLIDATION BY SLO COUNTY BOARD OF SUPERVISORS 06-26-89 73-89 RESOLUTION ESTABLISHING USER RATES & RELATED FEES & DEPOSITS FOR WATER SERVICES 06-26-89 74-89 RESOLUTION ESTABLISHING USER RATES & RELATED FEES & DEPOSITS FOR SEWER SERVICES 06-26-89 75-89 RESOLUTION ADOPTING A BUDGET & MAKING APPROPRIATIONS FOR FY 89-90 06-26-89 RESOLUTIONS - 1989 NUMBER TITLE ADOPTED 76-89 RESOLUTION AMENDING THE 89/90 MASTER FEE SCHEDULE AS APPROVED BY RESOLUTION NO. 68-89 06-26-89 77-89 RESOLUTION ANNOUNCING FINDINGS & APPROVING THE GENERAL PLAN REFORMAT & MINOR MODIFICATIONS TO SOME ELEMENTS TO PROVIDE FOR A SINGLE INTEGRATED PLAN DOCUMENT 06-26-89 78-89 RESOLUTION COMMENDING CITY OF ARROYO GRANDE CHIEF OF POLICE JIM CLARK UPON HIS RETIREMENT 06-26-89 RE S O LUT = ON NO _ 7 8— 8 9 A RESOLUTION OF THE CITY OF MORRO'BAY COMMENDING CITY OF ARROYO GRANDE CHIEF OF POLICE JIM CLARK UPON HIS RETIREMENT T H E C I T Y C O U N C I L City of Morro Bay, California WHEREAS, Jim Clark has'served the City of Arroyo Grande with honor and distinction for over thirty years, and seventeen years as Chief of Police; and WHEREAS, Chief Clark exemplifies professional law enforce- ment and is a role model to his department and community, demon- strating extraordinary integrity; and WHEREAS, his genuine and sincere sense of compassion and fairness has earned Jim Clark the respect and friendship of all who know him. NOW, THEREFORE, BE IT RESOLVED that it is with honor and pleasure that the City Council of the City of Morro Bay commend Chief of Police Jim Clark for his three decades of outstanding public service. PASSED AND ADOPTED by the Morro Bay City Council at a regular meeting thereof held on the 26th day of June, 1989 on the following vote: AYES: Baker, Lemons, Odell, Wuriu, Sheetz NOES: None ABSENT: None ATTEST: ARDfTH DA IS, City Clerk CITY COUNCIL RESOLUTION NO. 77-89 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, ANNOUNCING FINDINGS AND APPROVING THE GENERAL PLAN REFORMAT AND MINOR MODIFICATIONS TO SOME ELEMENTS TO PROVIDE FOR A SINGLE INTEGRATED PLAN DOCUMENT CASE NO. GP 02-89 WHEREAS, the Planning Commission of the City of Morro Bay, California, on the 20th day of March, 3rd and 17th days of April, 1st and 15th days of May, and the 5th day of June, 1989 held duly noticed PUBLIC HEARINGS to consider the General Plan reformat and minor modifications to some elements; 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 a Negative Declaration has been issued and no further documentation is deemed necessary; and WHEREAS, at said PUBLIC HEARING, after considering the staff report and the testimony of all persons, if any, wishing to testify, the Planning Commission did forward their findings and recommendations to the City Council; and WHEREAS, on the 12th and 26th day of June, 1989 the City Council of the City of Morro Bay did hold duly noticed PUBLIC HEARINGS to consider the General Plan reformat and minor modifications to some elements; and WHEREAS, at said PUBLIC HEARINGS after considering the staff reports, the Planning Commission's recommendations, and the testimony of all persons wishing to testify at the hearing, the City Council did find the following facts and reasons to justify its action in this matter; 1. The reformat of the individual elements of the General Plan and consolidation into a single book format provides for consistency and ease of use consistent with state laws; and 2. The minor modifications made to the Land Use Element and other elements incorporates recent amendments to the Local Coastal Program Land Use Plan; and 3. The minor modifications to the elements reflect current conditions and corrects outdated information. City Council Resolution No Page Two NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Morro Bay, California, as follows: That the above recitations are true and correct and constitute the findings of the Council in this matter; and, That the Council does hereby grant adopt the General Plan reformat and minor modifications to certain elements. PASSED, APPROVED, AND ADOPTED, by the following vote to wit: Wuriu, Sheetz WAM 9 1 RESOLUTION NO. 76-89 RESOLUTION AMENDING THE 89/90 MASTER FEE SCHEDULE AS APPROVED BY RESOLUTION 68-89 T H E C I T Y C O U N C I L City of Morro Bay, California WHEREAS, the City has reviewed its harbor related fees, taking into account the annual changes in personnel costs, supply costs, and other costs of providing services and determined that adjusting fees are justified, and; WHEREAS, fees are further adjusted so as to be charged on a per foot basis of vessel length and; WHEREAS, the Harbor Advisory Board has reviewed and recommended adoption of the following fee schedule; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay that the Master Fee Schedule is amended as follows and will be effective July 1, 1989, and thereafter until changed. FEE SCHEDULE LEASED SLIP DAILY SLIP OFFSHORE MOORINGS CITY -OWNED OFFSHORE MOORINGS DAILY PIER RATE FLOATING CITY DOCK Al-5 MOORING AREA SLIP SUBLEASE RATE FOR VESSELS EXCEEDING ALLOWABLE TINE LIMITS VESSEL IMPOUND RATE *** ALL RATES BASED ON $2.50 PER FOOT PER MONTH 2.5 X (250%) OF LEASED SLIP RATE $45.00 PER MONTH $101.50 PER MONTH SAME AS LEASED SLIP RATE SAME AS LEASED SLIP RATE (30 DAY LIMIT IN ANY 6 MONTHS) 5 DAYS FREE 25 DAYS AT 75% OF LEASED SLIP RATE (30 DAY LIMIT IN ANY 6 MONTHS) lot SURCHARGE PLUS LEASED SLIP RATE 4X (400%) LEASED SLIP RATE 4X (400%) LEASED SLIP RATE A 36' MINIMUM VESSEL LENGTH *** PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held thereof on this 26th day of June, 1989, by the following vote: AYES: Baker, Lemons, Odell, Wuriu, Sheetz NOES: None ABSENT: None ROSE MARIE SH ETZ, MAYO Z���Z� ITH DAVIS, CITY CLERK RESOLUTION NO. 75-89 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY ADOPTING A BUDGET AND MAKING APPROPRIATIONS FOR FISCAL YEAR 1989-90 THE CITY COUNCIL City of Morro Bay, California WHEREAS, the City of Morro Bay is required to appropriate and expend public funds to conduct its business activities on a day-to-day basis; and WHEREAS, the City Council and City Staff have expended many hours preparing and reviewing the City's needs; and WHEREAS, the City Council finds and determines that the efficiency, economy and effectiveness of City government operations would be substantially impaired if such appropriation expenditures could not be incurred or paid on a daily basis; and WHEREAS, Section 37208 of the California Government Code provides that payments or demands conforming to a budget approved by ordinance or resolution need not be audited by the City Council prior to payment; and WHEREAS, City Council acknowledges the continuing efforts of Staff to operate within an approved budget and manage savings wherever feasible; and WHEREAS, City Council wishes to encourage these practices by implementing a departmental savings sharing program; and WHEREAS, Article XIII B of the California Constitution establishes a limitation on appropriations of funds by the City; and WHEREAS, the City staff has calculated the appropriations limit in accordance with the provisions of Article XIII B of the California Constitution; NOW, THEREFORE, BE IT RESOLVED: 1. The 1988-89 Manager's Recommended Budget is adopted with the changes ordered by the City Council as illustrated in Exhibit A; and 2. Staff is directed to prepare and publish a final budget document incorporating all the aforementioned changes and all changes resulting from Council approved water capital project adjustments; and 3. The City Administrator is authorized to transfer appropriations anywhere within the adopted budget as long as the bottom line appropriations are not exceeded. Otherwise, appropriation control is intended to be at the division bottom line for operations and the project bottom line for capital projects with administrative approval. 1 Resolution No. 75-89 • • Page Two 4. The appropriations limit is established for fiscal year 1989-90 at $6,430,703 for proceeds of taxes. This budget authorizes appropriations from tax proceeds of $4,860,488 and is therefore $1,570,215 under the limitation. 5. Fifty percent of all savings achieved in the Departmental Operating Budgets will be returned to the department generating the savings for use in Fiscal Year 1990-91. These funds can be used for any non -recurring expense approved by the City Administrator. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held thereof on June 26, 1989, by the following roll call vote: AYES: Baker, Lemons, Odell, Wuriu, Sheetz NOES: None ABSENT: None ATTEST: /0;�_ ZZ ARD TH DAVIS, City Clerk 21 K C r an b i 0 1 10D m b N K 1 m I H 1 0 z S ro 11 m O A M 7m< 1 r.0 I y 1 ro O b C . O O m . d w m l0 " I I r 1 m Z STM M(A EHN<O'n,ro r nn 3n � MMMMz;nn mmmmmm;ayZz rony ny 0 a7 z ofn i 2 i m i H m wwm cm11mm z ZH mHn I<Imm M 33Z Oran I ;Omwb n V0i 1G KIG Iz-Iz m � n 1 0 1 m l . yro y00 1yU1"W omn r YC"y mot MMMH M Oyyy WO N " dro Or yN 37d M OK O O Cr 000 Z [m8 x ZH1xa K w I ro 1 z 1 O M < b r b w m Z m z;U0 Zzz }}11 Z n"m K 1 r 1 L] 1 z z M m r l Z d< b H 7. 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D 7. 17D H Dz T.7_ T D aro m nz HHC r H � D O ;li hJ t+ w w '0 'eot'J a a w(A cO O A hl O co •J O Cl A A a a O D m FJ 000 1; w 0 tj to PJ O _ to moo a a oo AA0 M .m•, 0) a eJ CP. - i F :+ tt I t= til-t0ClClLlw Op :.J 'J OU'' A 0vA 000t+!=N:P 0O rJ 'J mva a owarJoo cow A as o 0 -1 N Ot+A w 0 0 0mIli 0 A A O O 0 n T m m r 10 t' C T t+ m000-b uJoa 'i 00 mi O 00000000000 to :K o 00000000000 -im O 00000000000 to z T ma ^ D H r O z .i wLl •.I zD a o^oo 00 mm O 0000 Uiw ZT L�7 ro La m n O m N r t+ 0 C LI CI tJ Ul V. Tz A Cl Cl FJ �i O Cl Cl Cl -i n � 0 COCO Cl CI mH 000 O C O C w w o r 000 0000 13 CITY OF MORRO BAY ARTICLE XIII B (Proposition 4) APPROPRIATION LIMITATION DOCUMENT FISCAL YEAR 1989-90 PREPARED BY: Louise Burt, Finance Director June 1989 14 CITY OF MORRO BAY ARTICLE XIII B (Proposition 4) APPROPRIATION LIMITATION DOCUMENT FISCAL YEAR 1989-90 TABLE OF CONTENTS I. STATEMENT OF THE CITY'S APPROPRIATION LIMITATION AND THE COMPLIANCE TO THE LIMITATION FOR THE CURRENT FISCAL YEAR 1 II. STATEMENT OF PERTINENT FACTORS . . . . . . . . . . . . . . . 1 III. REVENUE CLASSIFICATION SCHEDULE . . . . . . . . . . . . . . 3 IV. COST ANALYSIS FOR FEE RELATED SERVICES . . . . . . . . . . . 5 V. CALCULATION OF THE LIMITATION . . . . . . . . . . . . . . . 6 0 15] CITY OF MORRO BAY ARTICLE XIII B (Proposition 4) APPROPRIATION LIMITATION DOCUMENT FISCAL YEAR 1989-90 I. STATEMENT OF THE CITY'S APPROPRIATION LIMITATION AND THE COMPLIANCE TO THE LIMITATION FOR THE CURRENT FISCAL YEAR The pertinent accounts and records of the City of Morro Bay were examined and, as a result, it has been determined that according to generally accepted requirements the City of Morro Bay's appropriation limit for the 1989-90 fiscal year as provided for in Article XIII B of the Constitution of the State of California as implemented by Chapter 1205, Statutes of 1980, is $6,430,703. It has been determined that of the City's 1989-90 budgeted appropriations, contingency and provision for reserves of $9,269,106, the amount of $4,860,488 is subject to the limitation and is therefore $1,570,215 under the limitation. II. STATEMENT OF PERTINENT FACTORS Article XIII B (Proposition 4) which was approved by the California electorate November 6, 1979 primarily places a limit on the annual increase in spending of a local agency. The limitation fundamentally controls spending which results from tax revenue resource and any excess of revenue over cost reasonably borne for regulatory licenses, user charges, and user fees in providing regulation, product or service and the investment of tax revenue. Article XIII B became effective July 1, 1980, the first day of the fiscal year following its adoption. In developing the spending limitation the following documents were analyzed and applied where appropriate: 1. Article XIII B, Chapter,1205 of the California State Constitution. 2. Senate Bill No. 1354 which provides for the implementation of Article XIII B by defining various terms used in the Article and by prescribing procedures to be used in implementing specific provisions of the Article. 16 3. Uniform Guidelines for the Implementation of Article XIII B prepared by the League of California Cities. 4. Proposition 4 Procedures Guidelines prepared by the County Accounting Standards and Procedures Committee. There are no material jurisdictional, policy or organizational changes which would warrant adjustments to the City's limitation pursuant to Section 3 of the Article. Improvement District No. 6 was not included in the base year since they are used exclusively for debt service. The City's limitation has been calculated by using the following funds in their aggregate amounts: (a) General (f) -Gas tax (b) Harbor (g) Traffic safety (c) sanitation (h) Revenue sharing (d) Water (i) Insurance fund (e) Park fee (internal service) The local transportation account is considered to be an "enterprise fund" as as such is excluded. There was no specific appropriation providing for a General Fund contribution in fiscal year 1978-79, the base year. Revenues from fees and charges were compared to the specific cost of providing that service in order to determine the extent the revenues are considered "proceeds of taxes". There were no identifiable mandated costs for Worker's Compensation Insurance in the base year 1978-79. The only mandated cost which could be specifically identified in the accounting records was $1,239 for unemployment insurance benefits paid in the base year. The City considers unemployment insurance as a federal mandate and has adjusted the limitation accordingly. A use allowance was applied for the City's buildings, structures and equipment based upon the sound value; which value was determined by the Industrial Appraisal Company. The City recognizes and reserves the right to adjust or change considerations or amounts contained in this document as changes in generally accepted requirements may dictate. 2 `VA III. REVENUE CLF,SSIFICATION SCHEDULE A. 1978-79 BASE YEAR Revenue Source Proceeds Property Taxes $ 355,544 Other Taxes 746,850 Licenses, Permits and Franchises Fines, Forfeits and Penalties Revenue from Use of Money and Property Aid from Other Governmental Agencies Charges for Current Services Other Revenue or Funds Available Special Gasoline Tax Harbor Revenue Federal Revenue Sharing Fund Balance 1,427,911 $3,046,393 TOTAL 106,047 308,776 12,248 89,017 Nonproceeds $ 39,206 28,700 12,653 320 419,802 1,462 207,000 146,915 1,039,109 $1,895,167 The total of the 1978-79 proceeds of taxes when increased by the cost -of -living and population factors is the appropriation limitation. 3 181 0 CITY OF MORRO BAY REVENUE CLASSIFICATION - PROPOSITION 4 1989-90 BUDGET Revenue Source Proceeds Nonproceeds General Fund Taxes $3,201,300 Licenses and Permits $ 202,800 Fines and Forfeits 13,000 Intergovernmental 402,108 Charges for Services 231,600 Use of Money & Property 226,160 30,840 Other Revenue 41,200 Total General Fund $3,829,568 $ 519,440 Special Revenue Funds Gas Tax Fund $ 131,333 Traffic Safety $ 45,000 Water Fund 932,000 Sewer Fund 857,000 Harbor Fund 556,000 Total Special Revenue Fund $ 131,333 $2,390,000 Capital Project Funds Park Fee $ 2,600 Water Capital 15,000 Sewer Capital 15,000 Total Capital Projects $ 32,600 Enterprise Funds - Transit $ 233,569 Internal Service Funds 834,720 TOTAL $3,960,901 $4,010,329 Add: Fund Balance -Beginning 899,587 994,182 GRAND TOTAL $4,860,488 $5,004,511 Note: In order to complete the process of determining the proceeds of taxes, Proposition 4 provides that regulatory licenses, user charges, and user fees be considered proceeds of taxes to the extent that such charges and fees exceed the costs reasonably borne by each entity in providing the regulation, product or service. As a step in the development of the City's base year statement, the revenues from regulatory licenses, user charges and user fees were El 19 0 • scheduled and related costs reasonably borne were compared to the revenues. The costs in all categories were greater than the revenues and thus there were no proceeds of taxes in this area. The workpapers for the base year document contain detailed schedules showing the revenue and cost comparisons. The total of the 1989-90 adjusted proceeds of taxes are subject to the appropriation limit; the nonproceeds are not. Whereas the estimated or budgeted amounts are useful for planning purposes, it is the actual appropriations made throughout the year which, if they exceed the limitation, must be returned to the taxpayer. This has been reviewed for the 1987-88 fiscal year, and showed the City was $1,149,961 under the limit. The 1988-89 appropriations are estimated to be well under the limit, and will be reviewed after the fiscal year end. IV. COST ANALYSIS FOR FEE RELATED SERVICES Article XIII B provides that proceeds of taxes which are subject to the growth limitations include revenues from regulatory licenses, user charges, and user fees to the extent that those revenues exceed the costs reasonably borne by the City in providing the regulations, product or service. Staff completes a cost study annually in the preparation of the Master Fee Schedule to ensure that fees do not exceed cost. Included in the costs reasonably borne are direct departmental expenditures and indirect costs allowable. Included in the indirect costs is a "use allowance" for buildings and equipment. The allowance is 2 percent of building cost per year (50 year life) and 6 percent of equipment cost per year (16 year life). 5 V. CALCULATION OF THE LIMITATION The cost -of -living and population factors used below were calculated from amounts provided by the State Department of Finance Limitation Calculation 1978-79 Base Year Proceeds $3,046,393 x 1979-80 CPI Change Factor x 1.1017 x 1979-80 Population Change Factor x 1.0138 x 1980-81 CPCI Change Factor x 1.1053 x 1980-81 Population Change Factor x 1.0026 = 1980-81 Limitation $3,770,591 x 1981-82 CPCI Change Factor x 1.0912 x 1981-82 Population Change Factor x 1.0139 = 1981-82 Limitation $4,171,660 x 1982-83 CPI Change Factor x 1.0679 x 1982-83 Population Change x 1.0204 = 1982-83 Limitation .$4,545,796 x 1983-84 CPCI Change Factor x 1.0235 x 1983-84 Population Change x 1.0181 = 1983-84 Limitation $4,736,835 x 1984-85 CPI Change Factor x 1.0474 x 1984-85 Population Change Factor x 1.0175 = 1984-85 Limitation $5,048,185 x 1985-86 CPI Change Factor x 1.0374 x 1985-86 Population Change Factor x 1.0162 = 1985-86 Limitation $5,321,826 x 1986-87 CPI Change Factor x 1.0230 x 1986-87 Population Change Factor x 1.0148 = 1986-87 Limitation $5,524,803 x 1987-88 CPI Change Factor x 1.0340 (No population change) x 1.0000 • $5,712,646 x 1988-89 CPI Change Factor x 1.0393 x 1988-89 Population Change Factor x 1.0159 = 1988-89 Limitation $6,031,554 x 1989-90 CPI Change Factor x 1.0498 x 1989-90 Population Change Factor x 1.0156 = 1989-90 Limitation $6,430,703 N 211 0 0 RESOLUTION 74-89 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY ESTABLISHING USER RATES AND RELATED FEES AND DEPOSITS FOR SEWER SERVICES T H E C I T Y C O U N C I L City of Morro Bay, California WHEREAS, the City seeks to continue to provide for a properly functioning wastewater collector and treatment system, complying with the U.S. Environmental Protection Agency and State Water Quality Control Board requirements; and WHEREAS, the City Council finds that adjustments in rates charged for these services are necessary to provide additional funds for system maintenance, operation and improvements; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay that the following schedule of user rates, fees, and deposits for services is adopted, effective for the 1989-90 fiscal year and thereafter. MONTHLY -SEWER RATES Residential/unit . . . . . . . . . . . . . . . . . . . $ (surcharge - 10 ccf). . . . . . . . . . . . . . .$ Mobile Home Park . . . . . . . . . . . . . . . . . . . $ Commercial (domestic strength) . . . . . . . . . . . .$ Restaurants and Bakeries . . . . . . . . . . . . . . .$ Retirement Home/Convalescent Hosp. . . . . . . . . . .$ Motel . . . . . . . . . . . . . . . . . . . . . . . . . $ Mortuary. . . . . . . . . . . . . . . . . . . . . . . $ Schools and Public Buildings . . . . . . . . . . . . .$ Seafood Processors . . . . . . . . . . . . . . . . . . $ Water Softening . . . . . . . . . . . . . . . . . . . .$ Fixed Fee (per meter) . . . . . . . . . . . . . . . . . $ Minimum (all users per meter) . . . . . . . . . . . . .$ Delinquent Charge . . . . . . . . . . . . . . . . . . 7.09 flat 1.00/ccf 1.26/ccf 1.26/ccf 2.89/ccf 2.26/ccf 1.58/ccf 1.89/ccf 1.00/ccf 2.89/ccf 1.00/ccf 1.16 flat 7.09 flat 10% PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held thereof on the 26th day of June, 1989, by the following roll call vote: AYES: Baker, NOES: None ABSENT: None ABSTAIN: None Lemons, Odell, Wuriu, Sheetz ATTEST: ARDITH DAVIS, City Clerk 23 RESOLUTION NO. 73-89 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY ESTABLISHING USER RATES AND RELATED FEES AND DEPOSITS FOR WATER SERVICES T H E C I T Y C O U N C I L City of Morro Bay, California WHEREAS, the City wishes to continue to provide an adequate and reliable water supply; and WHEREAS, the City Council finds that adjustments in rates charged for this service is necessary to provide additional funds for system maintenance, operation and improvements; and WHEREAS, the City Council finds that adjustments in rates are necessary to fund increases in operational expenses; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay that the following schedule of water user rates, fees and deposits for services is adopted, effective for the 1989-90 fiscal year and thereafter. MONTHLY WATER RATES Minimum charge/monthly . . . . . . . . . . . . . . . .$ 2.14 (includes up to 200 ccf of water use) Use Charge/100 cubic feet: 0- 2' . . . . . . . . . . . . . . . . . . . . . . $ 1.07 3- 10 . . . . . . . . . . . . . . . . . . . . . .$ 1.34 11- 25 . . . . . . . . . . . . . . . . . . . . . . $ 1.68 26- 50 . . . . . . . . . . . . . . . . . . . . . . $ 1.96 51- 75 . . . . . . . . . . . . . . . . . . . . . . $ 2.29 76-100 . . . . . . . . . . . . . . . . . . . . . . $ 2.57 101-greater . . . . . . . . . . . . . . . . . . . . $ 2.90 OTHER WATER RATES Reconnect charge . . . . . . . . . . . . . . . . . . . $ 32.00 Delinquent charge . . . . . . . . . . . . . . . . . . . 10% Construction meter: Setting charge . . . . . . . . . . . . . . . . . .$ 32.00 Use charge/day. . . . . . . . . . . . . . . . . . $ 3.00 Use rate/100 cubic feet . . . . . . . . . . . . .$ same as residential use charge Deposit: Residential renter . . . . . . . . . . . . . . . .$ 50.00 Construction renter . . . . . . . . . . . . . . .$ 65.00 PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held thereof this 26th day of June, 1989 by the following roll call vote: AYES: Baker, Lemons, Odell, W NOES: None ABSENT: None ABSTAIN: None ATTEST: A DAVIS, City Clerk 221 RESOLUTION NO. 72-89 RESOLUTION OF THE MORRO BAY CITY COUNCIL CALLING A SPECIAL MUNICIPAL ELECTION TO BE HELD IN SAID CITY ON TUESDAY, NOVEMBER 7, 1989 FOR THE PURPOSE OF VOTING ON A MEASURE TO ADOPT A SPECIAL TAX FOR MUNICIPAL EMERGENCY MEDICAL SERVICES; AND, REQUESTING THE BOARD OF SUPERVISORS OF SAN LUIS OBISPO COUNTY TO CONSOLIDATE SAID ELECTION WITH THE CONSOLIDATED DISTRICTS ELECTION TO BE HELD IN SAID COUNTY ON TUESDAY, NOVEMBER 7, 1989; AND OTHER ELECTION MATTERS AS REQUIRED BY LAW T H E C I T Y C 0 U N C I L City of Morro Bay, California WHEREAS, the Morro Bay City Council, on 12 June 1989 adopted Resolution No. 64-89 ordering a measure to adopt a special tax for municipal emergency medical services placed on the ballot of the next election called by the City Council of the City of Morro Bay; and WHEREAS, under the provisions of the laws relating to gen- eral law cities in the State of California, a special municipal election, as called for by the City Council of the City of Morro Bay, may be held on November 7, 1989; and WHEREAS, pursuant to Morro Bay Municipal Code Section 2.09.010, it is desirable that said special municipal election be consolidated with the consolidated districts election to be held by the County of San Luis Obispo on November 7, 1989 and that within the City of Morro Bay the precincts, polling places and election officers be the same, and that the San Luis Obispo County Clerk canvass the returns of the special municipal elec- tion and that said consolidated districts election and special municipal election be held in all respects as if there were only one election. NOW, THEREFORE, BE IT RESOLVED by the Morro Bay City Council as follows: 1. There is hereby called and ordered in the City of Morro Bay, County of San Luis Obispo, State of California, on Tuesday, November 7, 1989, a special municipal election of the qualified electors of the City, to vote on a measure to adopt a special tax for municipal emergency medical services, said election to be consolidated with the County of San Luis Obispo's consolidated districts election; and 2. Pursuant to the requirement of Section 23302 of the Elections Code, the San Luis Obispo County Board of Supervisors be and is hereby respectfully requested to consent and agree to RESOLUTION NO. 72-89 PAGE 2 the consolidation of a special municipal election with the con- solidated districts election to be held on Tuesday, November 7, 1989; and 3. The County Clerk is hereby authorized to canvass the returns of said special municipal election to be consolidated with said consolidated districts election, and said election shall be held in all respects as if there were only one election, and only one form of ballot shall be used; and 4. Said Board of Supervisors is hereby requested to issue instructions to the County Clerk to take any and all steps neces- sary for holding of said consolidated districts election; and 5. The City of Morro Bay recognizes that additional costs will be incurred by the County by reason of this consolidation and agrees to reimburse the County for any such costs attributed to Morro Bay's consolidation with the consolidated districts election; and 6. The City Clerk of the City of Morro Bay is hereby directed to file a certified copy of this resolution with the San Luis Obispo County Clerk and the County Board of Supervisors. PASSED AND ADOPTED by the Morro Bay City Council at a regu- lar meeting thereof held on the 26th day of June 1989 on the fol- lowing vote: AYES: Baker, Lemons, Odell, Wuriu, Sheetz NOES: None ABSENT: None ATTEST: DITH DAVIS, City Clerk 0 RESOLUTION NO. 71-89 RESOLUTION AWARDING BID NO. PW89-166 FOR ONE NEW 5-PASSENGER MINI -VAN THE CITY COUNCIL City of Morro Bay, California WHEREAS, the City Council adopted on February 14, 1989 a Capital Improvement Budget for FY 1988/89; and WHEREAS, said budget included $16,000 for the purchase of a new 5-passenger mini -van for the Department of Public Works/Sanitary Division (65% City Share - $10,400/35% Cayucos Sanitary District Share - $5,600); and WHEREAS, bids for one new mini -van were solicited pursuant to Chapter 3.08 of the Morro Bay Municipal Code; and WHEREAS, three responses were received and publicly opened at 2:00 p.m., June 15, 1989; and WHEREAS, said bids have been reviewed and Hysen-Johnson Ford of San Luis Obispo, California has been determined to be the lowest responsive and responsible bidder at $12,696.68; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay to award Bid No. PW89-166 for one new 5-passenger mini -van to Hysen Johnson Ford of San Luis Obispo, California in the amount of $12,696.68. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held thereof on the 26th day of June, 1989 by the following vote: AYES: Baker, Lemons, Odell, Wuriu, Sheetz NOES: None ABSENT: None ABSTAIN: None ATTEST: AR ITH DAVIS, City Clerk c 0 • RESOLU'rX(DW NO. 70—S9 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 24th day of July, 1989 on the following vote: AYES: Baker, Lemons, Odell, Wuriu, Sheetz NOES: None ABSENT: None ATTEST: DITH DAVIS, City Clerk RESOLUTION NO. 68-89 RESOLUTION ADOPTING THE 89/90 MASTER FEE SCHEDULE THE CITY OF MORRO BAY City of Morro Bay, California WHEREAS, the City Council finds that fees and charges for City services are in need of updating to reflect changes in the cost of living; and WHEREAS, Article XIII B, Section 8(c) of the California Constitution provides that proceeds from regulatory licenses, user charges, and user fees which do not exceed the costs of providing the regulation product or service do not constitute "proceeds of taxes"; and WHEREAS, the City has reviewed its fees, taking into account the annual changes in personnel costs, supply costs, and other costs and finds that the proposed revised fees are in all cases no more than the actual cost of providing thee related service; and WHEREAS, Morro Bay Municipal Code Section 3.34.020 provides for annual adoption of the Master Fee Schedule by Council Resolution; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay that the attached Master Fee Schedule is adopted and will be effective July 1, 1989, and thereafter unless changed. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held thereof this 12th day of June, 1989, by the following roll call vote: AYES: Baker, Lemons, Odell, Wuriu, Sheetz NOES: None ABSENT: None ROSEMARIE ZiEETZ, 2yyor ATTEST: ARDITH DAVIS, City Clerk CITY OF MORRO BAY MASTER FEE SCHEDULE for fiscal year 1989-90 CITY OF MORRO BAY MASTER FEE SCHEDULE Table of Contents Administration....... 1 Finance Department ................................... 2 CommunityDevelopment ................................ 3 Police...............................................16 Fire.................................................17 Public Works.........................................18 Harbor...............................................20 CountyPound Master..................................22 Health Officer......................................23 Recreation...........................................24 City of Morro Bay Master Fee Schedule July 1, 1989 Administration Type Section Base Present Revised Fees Vehicle Registration Operation on certain Public property - permit 10.28.190 $27 $28 Use Permit for residents on restricted streets 10.44.020 $27 $28 Filing Fee Notice of intention to $200 $200 circulate petition E.C. 4002 (B) (Refundable with conditions) Copies $0.15 $0.15 Copies mailed $2 $2 + page fee+ page fee + postage + postage 1 City of Morro Bay Master Fee Schedule July 1, 1989 Finance Department Type Business License Listing Budget & Financial Statements Bounced Check Charge Section Base per list per copy per check Present Fees $10 Revised $10 $19 $19 2 . • • City of Morro Bay Master Fee Schedule July 1, 1989 Community Development Type Section Base Present Revised Fees Building & Construction Permit Fees 14.12.080 UAC UAC Civil Defense Shelters Permit Fees 14.36.200 UAC UAC Unsafe Buildings Repair or Demolition 14.40.250 Expenses Expenses Marine Docks Permit 14.52.030 UAC UAC Moving of Demolition Bldgs Permit & Inspection Within or to City 14.56.270 UAC UAC Signs - Permits Valuation of signs 14.64.120 UAC UAC Sign - Exception Permits 14.64.130 $109 $114 Harbor Structure Permit 15.20.020C UAC UAC Zoning Use Permit New Construction $763 $798 Minor Additions of 50% or Less and Charges to Non -Conforming Uses $328 $343 Occupancy Charge Only $109 $114 Variance Minor (Administrative, and single family, setbacks, and Parking standards) $109 $114 Use Permit Arcades $328 $343 TV Satelite dish antenna $109 $114 Zone change, Coastal Plan or General Ammendment'(If application is for any combination of these the single base fee will be charged plus 10% for a related change or ammendment $1037 $1085 Code Compliance, Building Inspection $44 $46 Land Use Confirmation Letter 3 $32 $33 City of Morro Bay Master Fee Schedule July 1, 1989 Community Development Type Section Base Tentative Parcel Map Review Tentative Tract Map Review Certificate of Compliance Environmental Asses Report Initial Non -Exempt Environmental Impact Study Time Extensions for use permits and Tract Maps Time Extensions for Varinaces and Parcel Maps Amendments to Use Permits Subdivision Maps & Variances Coastal Permits When a Coastal Permit and other Permit (except a variance), are both required the fee shall be Residential Single Family Dwelling 2-4 Unit multiple dwelling Mult res - 4 units & over Office Commercial Convention & Industrial Less than 10,000 sq ft (gross) Less than 25,000 sq ft Land Divisions Lot Line Adjustments Treat as a minor land division unless qualified for an administrative permit Other Land Divisions 4 Present Fees $328 $763 $54 Revised $343 $798 $56 $114 10% Contract 10% Contract $109 $109 1/2 original fee but not less than $54 $114 $114 1/2 original fee but not less than $56 110% of the 110% of the greater fee greater fee $27 $28 $109 $114 $328 $343 $328 $343 $546 $571 $27 $28 $82 $86 0 City of Morro Bay Master Fee Schedule July 1, 1989 Community Development Type Section Base Present Revised Fees Other Developments Emergency Permit $27 $28 Other Administrative Permits $27 $28 other Non -Administrative $82 $86 Amendments to coastal permit 1/2 original 1/2 original fee not less fee not less than $26 than $28 Time Extensions SFR and Administrative $27 $28 Non -Administrative $82 $86 Other Inspection Fees Inspections outside of Normal Business Hours $20 $21 Reinspection Fees Sec 305g Hour $20 $21 Inspection for which no fee is specifically indicated (1/2 hour minimum) Hour $20 $21 Additional Plan Review Required by changes, additions or revisions to approved plans Hour $20 $21 Penalty Fee Commencing Construction without permit (including plumbing, electrical, 100 plus 100 plus mechanical, grading or double double demolition) permit fee permit fee Electrical Permit see Mechanical Permits UAC UAC Plumbing Permits UAC UAC 5 1988 EDITIO • 3-A TABLE NO. 3-A—BUILDING PERMIT FEES TOTAL VALUATION FEE $I.00to S500.00 $15.00 S501.00 to $2,000.00 S 15.00 for the first $500.00 plus $2.00 for each additional S 100.00 or fraction thereof, to and including S2,000.00 S2,001.00 to $25,000.00 S45.00 for the first $2,000.00 plus $9.00 for each addi- tional $1,000.00 or fraction thereof, to and including $25,000.00 $25,001.00 to $50,000.00 $252.00 for the first $25,000.00 plus $6.50 for each additional S1,000.00 or fraction thereof, to and including S50,000.00 $50,001.00to $100,000.00 $414.50 for the first $50,000.00 plus $4.50 for each additional $1,000.00 or fraction thereof, to and including $100,000.00 $100,001.00to $500,000.00 W9.50 for the first $100,000.00 plus $3.50 for each additional $1,000.00 or fraction thereof $500,001.00to $2039.50 for the first $500,000.00 plus $3.00 for each $1,000,000.00 additional $1,000.00 or fraction thereof, to and including $1,000,000.00. $1,000,001.00 and up S3539.50 for the first $1,000,000.00 plus S2.00 for each additional $1,000.00 or fraction thereof Other Inspections and Fees: 1. Inspections outside of normal business hours .................. $30.00 per hour* (minimum charge —two hours) 2. Reinspection fees assessed under provisions of Section 305(g).........................................$30.00 per hour* 3. Inspections for which no fee is specifically indicated..............................................S30.00 per hour* (minimum charge —one-half hour) 4. Additional plan review required by changes, additions or revisions to approved plans .............................. $30.00 per hour* (minimum charge —one-half hour) *Or the total hourly cost to the jurisdiction, whichever is the greatest. This cost shall include supervision, overhead, equipment, hourly wages and fringe benefits of the employees involved. These fees are set by the International Conference of Building Officials and listed in the Uniform Administrative Code 6 3-B • UNIFORM ADMINISWIVE CODE TABLE NO. 3-B—ELECTRICAL PERMIT FEES Permit Issuance For issuing each permit .......................................... S 15.00 For issuing each supplemental permit ............................... 4.50 System Fee Schedule (Note: The following do not include permit -issuing fee.) New Residential Buildings The following fees shall include all wiring and electrical equipment in or on each building, or other electrical equipment on the same premises constructed at the same time. For new multifamily residential buildings (apartments and condominiums) having three or more living units not including the area of garages, carports and other noncommercial automobile storage areas . constructed at the same time, per square foot ................... .03 For new single- and two-family residential buildings not including the area of garages, carports and other minor accessory buildings constructed at the same time, per square foot ................................. .035 For other types of residential occupancies and alterations, additions and modifications to existing residential buildings, use the UNIT FEE SCHEDULE. Private Swimming Pools For new private, residential, in -ground, swimming pools for single-family and multifamily occupancies including a complete system of necessary branch circuit wiring, bonding, grounding, underwater lighting, water pumping and other similar electrical equipment directly related to the operation of a swimming pool, each ..................................... 30.00 For other types of swimming pools, therapeutic whirlpools, spas and alterations to existing swimming pools, use the UNIT FEE SCHEDULE. Carnivals and Circuses Carnivals, circuses, or other traveling shows or exhibitions utilizing transportable -type rides, booths, displays and attractions. For electric generators and electrically driven rides, each .............................................. 15.00 For mechanically driven rides and walk-through attractions or displays having electric lighting, each ........................................... 4.50 For a system of area and booth lighting, each ..................... 4.50 For permanently installed, rides, booths, displays and "actions, use the UNIT FEE SCHEDULE. (continued) These fees are set by the International Conference of Building Officials and listed in the Uniform Administrative Code 7 1988 EDIT106 • 3-B TABLE NO.3-13—ELECTRICAL PERMIT FEES --(Continued) Temporary Power Service For a temporary service power pole or pedestal including all pole or pedestal -mounted receptacle outlets and appurtenances,each ............................. 15.00 For a temporary distribution system and temporary lighting and receptacle outlets for construction sites, decorative light, Christmas tree sales lots, firework stands, etc., each ........................................ 7.50 UNIT FEE SCHEDULE (Note: The following do not include permit issuing fee.) Receptacle, Switch and Lighting Outlets For receptacle, switch, lighting or other outlets at which current is used or controlled, except services, feeders and meters. First 20,each ......................................... .75 Additional outlets, each .................................. .45 Note: For multioutlet assemblies, each 5 feet or fraction thereof may be considered as one outlet. Lighting Fixtures For lighting fixtures, sockets or other lamp -holding devices First 20,each .......................................... .75 Additional fixtures, each ................................. .45 For pole or platform -mounted lighting fixtures, each ............................................ .75 For theatrical -type lighting fixtures or assemblies, each ......................................... .75 Residential Appliances For fixed residential appliances or receptacle outlets for same, including wall -mounted electric ovens; counter -mounted cooking tops; electric ranges, self-contained room, console, or through -wall air conditioners; space heaters; food waste grinders; dishwashers; washing machines; water heaters; clothes dryers; or other motor -operated appliances not exceeding one horsepower (HP) in rating, each...................:............................... 3.00 Note: For other types of air conditioners and other motor -driven appliances having larger electrical ratings, see Power Apparatus. Nonresidential Appliances For residential appliances and self-contained factory - wired, nonresidential appliances not exceeding one I cnntinued 1 These fees are set by the International Conference of Building Officials and listed in the Uniform Administrative Code 8 3-13 • UNIFORM ADMINISPATIVE CODE TABLE NO. 3-13—ELECTRICAL PERMIT FEES --(Continued) horsepower (HP), kilowatt (KW), or kilovolt - ampere (KVA), in rating including medical and dental devices; food, beverage, and ice cream cabinets; illuminated show cases; drinking fountains; vending machines; laundry machines; or other similar types of equipment, each ........................ 3.00 Nole:'For other types of air conditioners and other motor -driven appliances having larger electrical ratings, see Power Apparatus. Power Apparatus For motors, generators, transformers, rectifiers, synchronous converters, capacitors, industrial heating, air conditioners and heat pumps, cooking or baking equipment and other apparatus, as follows: Rating in horsepower (HP), kilowatts (KW), kilovolt -amperes (KVA), or kilovolt -amperes - reactive (KVAR): Up to and including 1, each ................................. 3.00 Over 1 and not over 10, each ................................ 7.50 Over 10 and not over 50, each ............................... 15.00 Over 50 and not over 100, each .............................. 30.00 Over. 100, each .......................................... 45.00 Note: 1. For equipment or appliances having more than one motor, transformer, heater, etc., the sum of the combined ratings may be used. 2. These fees include all switches, circuit breakers, contactors, thermostats, relays and other directly related control equipment. Busways For trolley and plug -in -type busways, each 100 feet or fraction thereof .......................................... 4.50 Note: An additional fee will be required for lighting fixtures, motors and other appliances that are connected to trolley and plug -in -type busways. No fee is required for portable tools. Signs, Outline Lighting and Marquees For signs, outline lighting systems or marquees supplied from one branch circuit, each ........................ 15.00 For additional branch circuits within the same sign, outline lighting system or marquee, each ...................... 3.00 Services For services of 600 volts or less and not over 200 amperes in rating, each .................................... 18.50 For services of 600 volts or less and over 200 amperes to 1000 amperes in rating, each: ' * .... I I ...... I I * I I * I ........ 37.50 r services over 600 volts or over 1000 amperes in rating, each ...... 75.00 These fees are set by the International Conference of Building Officials and listed in the Uniform Administrative Code 1988 EDITION* • 3-B TABLE NO.3-13—ELECTRICAL PERMIT FEES —(Continued) Miscellaneous Apparatus, Conduits and Conductors For electrical apparatus, conduits and conductors for which a permit is required but for which no fee is herein set forth .......................................... 11.00 Note: This fee is not applicable when a fee is paid for one or more services, outlets, fixtures, appliances, power apparatus, busways, signs or other equipment. Other Inspections and Fees 1. Inspections outside of normal business hours .............. S30.00 per hour' (minimum charge —two hours) 2. Reinspection fees assessed under provisions of Section 305 (g)...................................... S30.00 per hour' 3. Inspections for which no fee is specifically indicated .......... $30.00 per hour' (minimum charge —one-half hour) 4. Additional plan review required by changes, additions or revisions to approved plans ............................ $30.00 per hour' (minimum charge —one-half hour) "Or the total hourly cost to the jurisdiction, whichever is the greatest. This cost shall include supervision, overhead, equipment, hourly wages and fringe benefits of the employees involved. These fees are set by the International Conference of Building Officials and listed in the Uniform Administrative Code I 3-C • UNIFORM ADMINIS.ATIVE CODE TABLE NO. 3-C-MECHANICAL PERMIT FEES Permit Issuance 1. For the issuance of each permit ................................... 515.00 2. For issuing each supplemental permit .............................. 4.50 Unit Fee Schedule I . For the installation or relocation of each forced -air or gravity -type furnace or burner, including ducts and vents attached to such appliance, up to and including 100,000 Btu/h........................................................ 9.00 2. For the installation or relocation of each forced -air or gravity -type furnace or burner, including ducts and vents attached to such appliance over 100,000 Btu/h ... 11.00 3. For the installation or relocation of each floor furnace, including vent ...... 9.00 4. For the installation or relocation of each suspended heater, recessed wall heater or floor -mounted unit heater ......................................... 9.00 5. For the installation, relocation or replacement of each appliance vent installed and not included in an appliance permit ................................. 4.50 6. For the repair of, alteration of, or addition to each heating appliance, refrigeration unit, cooling unit, absorption unit, or each heating, cooling, absorption, or evapora- tive cooling system, including installation of controls regulated by this code . 9.00 7. For the installation or relocation of each boiler or compressor to and including three horsepower, or each absorption system to and including 100,000 Btu/h ..... 9.00 8. For the installation or relocation of each boiler or compressor over three horsepower to and including 15 horsepower, or each absorption system over 100,000 Btu/h and including 500,000 Btu/h......................................... 16.50 9. For the installation or relocation of each boiler or compressor over 15 horsepower to and including 30 horsepower, or each absorption system over 500,000 Btu/h to and including 1,000,000 Btu/h....................................... 22.50 10. For the installation or relocation of each boiler or compressor over 30 horsepower to and including 50 horsepower, or for each absorption system over 1,000,000 Btu/h to and including 1,750,000 Btu/h.................................... 33.50 11. For the installation or relocation of each boiler or refrigeration compressor over 50 horsepower, or each absorption system over 1,750,000 Btu/h ............ 56.00 12. For each air -handling unit to and including 10,000 cubic feet per minute, including ducts attached thereto ............................................ 6.50 Note: This fee shall not apply to an air -handling unit which is a portion of a factory - assembled appliance, cooling unit, evaporative cooler or absorption unit for which a permit is required elsewhere in this code. 13. For each air -handling unit over 10,000 cfm .......................... 11.00 14. For each evaporative cooler other than portable type .................... 6.50 15. For each ventilation fan connected to a single duct ..................... 4.50 16. For each ventilation system which is not a portion of any heating or air-conditioning system authorized by a permit ..................................... 6.50 17. For the installation of each hood which is served by mechanical exhaust, including the ducts for such hood ........................................... 6.50 18. For the installation or relocation of each domestic -type incinerator........ 11.00 19. For the installation or relocation of each commercial or industrial -type incin- erator. . : ..................................................... 45.00 20. For each appliance or piece of equipment regulated by this code but not classed in _ other appliance categories, or for which no other fee is listed in this code.... 6.50 These fees are set by the International Conference of -Building Officials and listed in the Uniform Administrative Code 11 1988 EDITION • 3-C, 3-D TABLE NO. 3-C-MECHANICAL PERMIT FEES -(Continued) Other Inspections and Fees: 1. Inspections outside of normal business hours ............... $30.00 per hour* (minimum charge -two hours) 2. Reinspection fees assessed under provisions of Section 305 (g) ....................................... S30.00 per hour' 3. Inspections for which no fee is specifically indicated .......... $30.00 per hour* (minimum charge -one-half hour) 4. Additional plan review required by changes, additions or revisions to approved plans ............................. $30.00 per hour* (minimum charge -one-half hour) *Or the total hourly cost to thejurisdiction, whichever is the greatest. This cost shall include supervision, overhead, equipment, hourly wages and fringe benefits of the employees involved. TABLE NO. 3-D-PLUMBING PERMIT FEES Permit Issuance 1. For the issuance of each permit ................................... S15.00 2. For issuing each supplemental permit ............................... 4.50 Unit Fee Schedule (in addition to 1 or 2 above) 1. For each plumbing fixture or trap or set of fixtures on one trap (including water, drainage piping, and back -flow protection therefor)..................................................... 6.00 2. For each building sewer and each trailer park sewer .................... 15.00 3. Rainwater systems -per drain (inside building) ........................ 6.00 4. For each cesspool (where permitted) ............................... 22.50 5. For each private sewage disposal system ............................ 45.00 6. For each water heater and/or vent .................................. 7.50 7. For each industrial waste pretreatment interceptor including its trap and vent, excepting kitchen -type grease interceptors functioning as fixture traps ....................................... 12.00 8. For installation, alteration, or repair of water piping and/or water -treating equipment, each ..................................... 3.00 9. For repair or alteration of drainage or vent piping, each fixture ............ 3.00 10. For each lawn sprinkler system on anv one meter, including backflow protection devices therefor ................................ 9.00 11. For atmospheric -type vacuum breakers not included in Item 2: 1 to ....................................................... 7.50 over5,each .................................................. 1.50 These fees are set by the International Conference of Building Officials and listed in the Uniform Administrative Code 12 3-D, 3-E UNIFORM ADMINISJVIVE CODE TABLE NO. 3-D—PLUMBING PERMIT FEES —(Continued) 12. For each back flow protective device other than atmospheric -type vacuum breakers: 2 inches and smaller ........................................... 7.50 over 2inches ................................................ 15.00 13. For each gas piping system of one to four outlets ....................... 3.00 14. For each gas piping system of five or more outlets, per outlet ............. 0.75 Other Inspections and Fees: l . Inspections outside of normal business hours ............... $30.00 per hour' (minimum charge —two hours) 2. Reinspection fees assessed under provisions of Section 305(g)........................................ S30.00 per hour` 3. Inspections for which no fee is specifically indicated ......... S30.00 per hour" (minimum charge —one-half hour) 4. Additional plan review required by changes, additions or revisions to approved plans ............................. S30.00 per hour' (minimum charge —one-half hour) 'Or the total hourly cost to the jurisdiction, whichever is the greatest. This cost shall include supervision, overhead, equipment, hourly wages and fringe benefits of the employees involved. TABLE NO. 3-E—ELEVATOR PERMIT FEES New Installations: Passenger or freight elevator, escalator, moving walk: Up to and including S40,000 of valuation—S55.00. Over $40,000 of valuation—S55.00 plus S1.00 for each $1,000 or fraction thereof over S40,000 Dumbwaiter or private residence elevator: Up to and including S10,000 of valuation—S15.00 Over S10,000 of valuation—S15.00 plus S1.00 for each $1,000 or fraction thereof over S10,000 Major Alterations: Fees for major alterations shall be as set forth in Table No. 3-A. Installation fees include charges for the first year's annual inspection fee and charges for electrical equipment on the conveyance side of the disconnect switch. These fees are set by the International Conference of Building Officials and listed in the Uniform Administrative Code 13 1988 EDITIO* • 3-17, 3-G TABLE NO. 3-F—ELEVATOR ANNUAL CERTIFICATES OF INSPECTION FEES For each elevator..................................................S25.00 For each escalator or moving walk .................................... S 15.00 For each commerical dumbwaiter ..................................... S10.00 (Each escalator or moving walk unit powered by one motor shall be considered as a separate escalator or moving walk.) TABLE NO. 3-G—GRADING PLAN REVIEW FEES 50 cubic yards or less ................................................ No fee 5 1 to 100 cubic yards ................................................ $15.00 101 to 1000 cubic yards ............................................... 22.50 100 1 to 10,000 cubic yards ............................................ 30.00 10,001 to 100,000 cubic yards—S30.00 for the first 10,000 cubic yards, plus S15.00 for each additional 10,000 cubic yards or fraction thereof. 100,001 to 200,000 cubic yards—S 165.00 for the first 100,000 cubic yards, plus S9.00 for each additional 10,000 cubic yards or fraction thereof. 200,001 cubic yards or more—S255.00 for the first 200,000 cubic yards, plus $4.50 for each additional 10;000 cubic yards or fraction thereof. Other Fees: Additional plan review required by changes, additions or revisions to approved plans ................................ S30.00 per hour* (minimum charge one-half hour) *Or the total hourly cost to the jurisdiction, whichever is the greatest. This cost shall include supervision, overhead, equipment, hourly waves and fringe benefits of the employees involved. These fees are set by the International Conference of Building Officials and listed in the Uniform Administrative Code 14 - 3-H • UNIFORM ADMINIWATIVE CODE TABLE NO. 3-H—GRADING PERMIT FEES' 50 cubic yards or less ................................................ S15.00 5 1 to 100 cubic yards ................................................ 22.50 101 to 1000 cubic yards—S22.50 for the first 100 cubic yards plus $10.50 for each additional 100 cubic yards or fraction thereof. 1001 to 10,000 cubic yards—S117.00 for the first 1,000 cubic yards, plus $9.00 for each additional 1,000 cubic yards or fraction thereof. 10,001 to 100,000 cubic yards—$198.00 for the first 10,000 cubic yards, plus S40.50 for each additional 10,000 cubic yards or fraction thereof. 100,001 cubic yards or more—S562.50 for the first 100,000 cubic yards, plus S22.50 for each additional ) 0,000 cubic yards or fraction thereof. Other Inspections and Fees I. Inspections outside of normal business hours .............. $30.00 per hour2 (minimum charge —two hours) 2. Reinspection fees assessed under provisions of Section 305(g)........................................ S30.00 per hour2 3. Inspections for which no fee is specifically indicated ........ S30.00 per hour2 (minimum charge ---one-half hour) 'The fee for a grading permit authorizing additional work to that under a valid permit shall be the difference between the fee paid for the original permit and the fee shown for the entire project. 'Or the total hourly cost to thejurisdiction, whichever is the greatest. This cost shall include supervision, overhead, equipment, hourly wages and fringe benefits of the employees involved. These fees are set by the International Conference of Building Officials and listed in the Uniform Administrative Code 15 City of Morro Bay Master Fee Schedule July 1, 1989 Police Type Section Base Present Revised Fees Bingo Games Permit 9.12.050I annual $35.00 $37.00 Alarm Systems Permit 9.22.020A $6.00 $6.30 Connection Fee 9.22.020E cost cost Vehicle Removal 10.48.090 $48.00 $75.00 Bicycle License 10.52.020C $2.00 $2.00 Fingerprinting $10.00 $10.00 Copies of Reports $8.00 $8.00 Copies of Photos (first Copy) $0.00 $8.00 Each Additional Print $0.00 $2.00 Concealed weapon with Fingerprints $120.00 $126.00 Clearance Letter $10.00 $10.00 General Police Permits $10.00 $10.00 Review of Local Criminal History $0.00 $8.00 16 City of Morro Bay Master Fee Schedule July 1, 1989 Fire Type Section Base Present Revised Fees False Alarm Response After 2 calls/month call $78 $82 Remove Gasoline From Underground tanks 14.60.070 $141 $147 Fire Alarm Inspection $104 $109 Alarm & Sprinkler Inspection $131 $137 Helicopter Standby $109 $114 Underground Fuel Tank Line Testing $59 $62 Fueling Boat at Non -Fuel Dock $109 $114 EMS Assistance in Ambulance $29 $30 Inspection - Fixed Fire Extinguisher System over cooking surface Restaurant $71 $74 Fire Code Plan Check Fee $21 $22 Hazardous Material Cleanup $328 $343 + Costs + Costs Copies of Alarm Reports $2 $2 Patient Transport by Fire Department $328 $343 17 City of Morro Bay Master Fee Schedule July 1, 1989 Public works Type Vehicle Registration Prohibited Vehicle Permit Advertising Vehicle Permit Flood Hazard Dev Permit Subdivisions Final Map -Tract + per lot Final Parcel Maps with Improvements Final Parcel Maps without Improvements Inspection Section Base Present Fees Revised 10.28.130E $27 $28 10.28.140 $27 $28 14.72.110 $328 $343 16.24.050B1 16.28.010 Staking ' Restaking Encroachment Permits (includes underground utilities) Regular 13.16.140 Major Special -A Engineered Structures Special-B Non -structured Nuisances - Weed abatement 8.12.090 Streets & Sidewalks Exception Application Trees $818 $856 $3 $3 $600 $628 $207 $217 Engineer estimate of construction cost 3% Time & Material Time & Material $54 $56 $382 $400 $218 $228 $78 $82 C.R. C.R. $109 $114 Deviation Permit 12.08.040 $54 $56 Removal Permit 12.08.040 $54 $56 Utility permit to trim brace or remove 12.08.110 $17 $18 Business permit to trim, brace or remove 12.08.120 $17 $18 Destruction or attachment permit 12.08.130 $0 $0 Mini Bus Rental $24 $25 Plus the Greater of Per mile or $3 $3 Per Hour $38 $40 In City of'Morro Bay Master Fee Schedule July 1, 1989 Public Works Type Section Base Present Fees Water Service Application 13.04.070 Connection - City 14.04.100 Connection - Outside City Connection - Subdivision Main Extension Approval 13.04.120 Temporary Service Application 13.04.150B Meter Installation Meter Moved Meter Size Change Meter Test 13.04.180 Fast Error More than 2% Fast Error Less than 2% Circuses, Carnivals & Travelin Shows -Fire Hydrant 13.04.240 Reconnection 13.04.310 After hours Reconnect Fire Hydrants Contractor's Use Meter installation & removal Meter Use, each day Water Use (see current water rate schedule) Water Cross Connection Certificate of Compliance Water Usage Sewers Connection Permit Extension -pro rated Use of existing sewer permit Use charges Discharge fee House trailers & campers Tank Trucks & Commercial For each truck, for each 1,000 Gallon capacity Private Facility Minimum & Availability chg 13.04.360 13.08.070E 13.04.220 13.12.010 13.12.050 13.12.090 13.12.210 13.12.250A 13.12.250B 13.12.280 13.12.090 C.R. = Council Resolution $0 Cost Double Cost Owner Expense Cost Expenses $262 Owner Expense Owner Expense $0 $71 $20 $31 $0 C.R. $3 C.R. $14 C.R. cost cost C.R. C.R. $0 $6 $0 C.R. Revised $0 Cost Double Cost Owner Expense Cost Expenses $274 Owner Expense Owner Expense $0 $74 $21 $32 $115 C.R. $3 I Zlm $15 C.R. cost cost C.R. C.R $0 $6 $0 C.R. 19 City of Morro Bay Master Fee Schedule July 1, 19.89 Harbor Type Section Base Harbor Bait receiver permit 15.24.050 Dockage waiting list 15.32.020 Commercial Peasure Explosives loading & unloading permit 15.16.030 Emergency towing/remooring After first occurrence During working hours one man, one boat Additional Charges: Additional boat and man Additional man, each After Working hours one man, one boat Additional charges Additional boat and man Additional person, each Boat Pumpouts After first occurrence During working hours one man one boat Additional charges Additional boat and man Additional man, each After working hours one man, one boat Additional charges Additional boat and man Additional person, each T-Pier Hoist Equipment use, per hr Unloading fish, per hr Harbor lease site fees Changes in lease fees Changes in lease life Changes in lease use Assignments Lease conversions Live aboard permit application 15.40.01OF 20 Present Revised Fees $0 $0 $250 $262 $75 $78 $34 $36 lhr min $50 $52 per hr $49 $51 per hr $27 $28 4 1/2 hr min $148 $155 4 1/2 hr $141 $147 4 1/2 hr $126 $132 1 hr min $50 $52 per hr $49 $51 per hr $27 $28 4 1/2 hr min $148 $155 4 1/2 hr $141 $147 4 1/2 hr $126 $132 $6 $6 $38 $40 $218 $228 $218 $228 $218 $228 $218 $228 $218 $228 $218 $228 City of Morro Bay Master Fee Schedule July.1, 1989 Harbor Type Section Base Present Revised Fees Dockage City Pier 0 - 49 ft/month $90 $94 0 - 49 ft/day $3 $3.13 50 - 74 ft/month $125 $131 50 - 74 ft/day $4 $4.37 75 - 99 ft/month $197 $206 75 - 99 ft/day $6 $6.87 100 - up ft/month $337 $353 100 - up ft/day $11 $11.77 Transient slips/day $7 $7 City Slips minimum/month $90 $94 City Slips, per ft/month $2 $2 City Slips, sublease/month $99 $104 Offshore mooring/month $36 $38 City Owned mooring/month $90 $94 NOTE: All dockage is subject to 10% discount if prepaid for 1 (one) year 21 City of Morro Bay Master Fee Schedule July 1, 1989 County Poundmaster Type Section Base Present Revised Fees Animals and poultry Animals - Care 7.12.020 Poultry - Care Disposal 7.04.100 Dogs Impounding 7.08.090 License fee plus First occasion Second Occasion Third & each subsequent occasion in calander year Care 7.08.120 Quarantine 7.08.150 License 7.08.250 Under 4 months Altered Unaltered Late Payment Cats Impounding 7.12.010 * As set by San Luis Obispo County Officials 22 0 City of Morro Bay Master Fee Schedule July 1, 1989 Health Officer Type Section Base Present Fees Kennels and pet shop permits 7.04.120 Radioactive Materials Transportation permit 8.28.020 Well Application permit 14.68.070 Inspection 14.68.150 * As set by San Luis Obispo County Officials Revised 23 0 1 ro I ro I ro I z I < 0 W C4 3 (i t*1 I K I K I K 1 0 1 (D r• to 1 0 0 1 P. 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RESOLUTION NO. 66-89• A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, ANNOUNCING FINDINGS AND DENYING AN APPEAL AND UPHOLDING THE PLANNING COMMISSION'S APPROVAL OF A CONDITIONAL USE PERMIT TO ALLOW A GUEST HOUSE OVER A DETACHED GARAGE IN THE REAR OF THE LOT T H E C I T Y C O U N C I L City of Morro Bay, California CASE NO. CUP 05-89 WHEREAS, the Planning Commission of the City of Morro Bay, California, on the 1st day of May, 1989 held a duly noticed PUBLIC HEARING to consider the request of Jim Doherty for a Conditional Use Permit to allow a guest house over a detached garage in the rear of the lot, located at 246 Kern Avenue, in the R-1 zone, more particularly described as: Lot 2, Block 1, Tract No. 39, Town of Morro Bay as shown in maps on file in the Office of the Recorder of San Luis Obispo County. WHEREAS, the Environmental Coordinator determined that the use 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, after said PUBLIC HEARINGS the Planning Commission did approve the request; and WHEREAS, on the 10th day of May, 1989, Mr. Clyde Marshall appealed the Planning Commission's action to the City Council; and WHEREAS, on the 12th day of June, 1989, 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 testimony of all persons, wishing to testify, the City Council found the following facts and reasons to justify denying the appeal and upholding the Planning Commission's approval: 1. The requested use is permitted subject to reasonable conditions imposed by Conditional Use Permit procedures; and 2. The entire neighborhood on three sides of the site is residential with two-story or split level homes predominating; and 3. Both residences adjoining this site on the north and south sides are two-story structures extending well to the rear of the property; and 4. The golf course property abuts site on east and thus no residences are located to rear and upslope from the proposed guest house; and City Council Resoluti• No. 66-89 Page Two • 5. Accordingly, the particular circumstances in this case are such as to warrant grant of Conditional Use Permit as to detrimental or damaging to the health, safety and general welfare of the community, or an infringement of or imposition on the general ambience and makeup of the immediate neighborhood. 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 approval of Case No. CUP 05-89 , 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 June, 1989, by the following vote to wit: AYES: Baker, Lemons, Odell, Wuiru, Sheetz NOBS: None ABSENT: None ATTEST: ,2 y er i • CONDITIONS OF APPROVAL Case No. CUP 05-89 4*V..r`iI0T. C11W91# Wi)Y11[irLG, 1. This Conditional Use Permit is granted for the land described in the application and any attachments thereto, and as shown on the attached exhibits, 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 Case No. CUP 05-89 Page Two 7. 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 attach, set aside, void, or annul an approval by the City of the applicant's project. SPECIAL CONDITIONS 8. Peak height of ridge of roof of proposed second story shall not exceed 21 feet above existing grade at face of garage door. 9. The square footage of the habitable space of the detached guesthouse shall not exceed 640 square feet. Prior to the issuance of a building permit the applicant shall amend the plan to this effect. 10. This grant shall not be exercised until applicant causes to be recorded and City has received a copy of a covenant restricting the use of permitted addition to garage to guest house, in the form prescribed by City. 0 RESOLUTION NO. 65-89 A RESOLUTION APPOINTING PAYING AGENT -REGISTRAR MIMOSA STREET ASSESSMENT DISTRICT THE CITY COUNCIL City of Morro Bay, California RESOLVED, by the City Council of the City of Morro Bay, California, that WHEREAS, this 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, this Council intends to issue bonds pursuant to the Improvement Bond Act of 1915 which will be secured by assessments levied upon the real properties benefited within said assessment district; and WHEREAS, the orderly administration of the assessment bond debt requires that a paying agent -registrar be appointed. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay as follows: 1. That Union Bank, San Francisco, California, be and they are hereby appointed as paying agent -registrar for the Mimosa Street Assessment District. 2. That the consideration to be paid Union Bank for their services is as contained in their letter of May 26, 1989, attached hereto as Exhibit "A" and incorporated herein by reference, and is hereby approved. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held on the 12th day of June, 1989, by the following vote: AYES: Baker, Lemons, Odell, Wuriu, Sheetz NOES: None ABSENT: None ABSTAIN: None ATTEST: ITIT DAVIS, City Clerk RESOLUTION NO. 64-89 A RESOLUTION OF.THE CITY COUNCIL OF THE CITY OF MORRO BAY RESCINDING RESOLUTION NUMBER,136-88•AND 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 = TY COUN 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. Resolution Number 136-88;is hereby rescinded. 2. 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. D. The taxes collected pursuant to this special tax ballot measure are in addition to the appropriation limit provided in Article 13B of the California Constitution. RESOLUTION NO., - 64 *. • June 12, 1989 page 2 3. Based on the above findings, and pursuant to the above cited Constitutional provisions, a measure to adopt a special tax for emergency medical services as set forth in the ballot text, Exhibit A, attached hereto and incorporated by reference, 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. 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 th day of 1989 by the following roll call vote: AYES: Baker, Lemons, Odell, Wuriu, Sheetz NOES: None ABSENT: None ATTEST: AIMITH DAVIS, City Clerk JS:rms disk c-a:resl36-8 I 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 increasedyearly 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 • • June 12, 1989 page 4 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: The appropriation limit set for fiscal year 89/90 and all.subseguent-years, pursuant to article-13B of the California Constitution.is hereby increased by the annual amount of the emergency medical services tax set forth in this ordinance. SECTION 6: 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 ordinanceandeach 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:rms disks-a:resl36-8 RESOLUTION NO. 63-89 RESOLUTION APPROVING CONSENT TO SUBLEASE AG FOR PORTIONS OF LEASE SITES 93-95 TO JOANNE SHIFLET 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 Joanne Shiflet, dba Seaside General Store, 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 Joanne Shiflet; 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 June, 1989, by the following vote: AYES: Baker, Lemons, Odell, Wuriu, Sheetz NOES: None ABSENT: None ROSE MARkSHZ, MAY ARDITH DAVIS, CITY CLERK RESOLUTION NO. 62-89 A RESOLUTION AWARDING SALE OF BONDS MIMOSA STREET ASSESSMENT DISTRICT RESOLVED, by the City Council of the City of Morro Bay, California, that WHEREAS, pursuant to Resolution of Intention No. 6-87 adopted by said Council on January 16, 1987, the City has received a proposal for the purchase of bonds of said assessment district and said proposal has been received and publicly examined and declared by this Council; NOW, THEREFORE, IT IS ORDERED, as follows: 1. That the proposal received for the purchase of said bonds from First California Regional Securities, Inc., is acceptable and said bonds be, and they are hereby ordered sold to First California Regional Securities, Inc., subject to all of the terms and conditions set forth in their proposal for the purchase of said bonds. 2. That the Treasurer be, and (s)he is hereby directed to have said bonds printed forthwith, and that the same be immediately signed, sealed and delivered to said First California Regional Securities, Inc., in exchange for the purchase price thereof. 3. That the interest rate of said bonds be, and the same is hereby fixed at the rate stated in said proposal. f % Resolution No. 62-89 • • 44W4' 'r Page 2 I hereby certify that the foregoing resolution was duly and regularly adopted and passed by the City Council of the City of Morro Bay, California, at a regular meeting thereof held on the 12th day of June 1989, by the following vote of the members thereof: AYES: Baker, Lemons, Odell, Wuriu, Sheetz NOES: None ABSENT: None ABSTAIN: None APPROVED ATTEST: ity Clerk Ardith Davis c J.2 UniiitiBank May 26, 1989 Mr. Gary A. Napper City Administrator City of Morro Bay 595 Harbor Street Morro Bay, CA 93442 Re: Mimosa Street Assessment District Dear Mr. Napper: Institutional Capital Management Division 350 California Strccl San Francisco, California 94104 Post Offtcc Mix 7927 Sun 1rancisco, California 94120.7927 415.774,6129 We appreciate the opportunity to quote fees for acting in the capacity of Paying Agent and Registrar for the above mentioned district. Our fees are as follows: ACCEPTANCE FEE $ 500.00 This one time charge includes acceptance and initial setup of account. ANNUAL ADMINISTRATION $1,000.00 This covers the ongoing administration of the Trust. OTHER SERVICES Bond Issuance $ 2.50 Per Bond Interest Payments $ 1.50 Per Check (Minimum fee $150.00 per payment) $ 25.00 Per Wire EXHIBIT "A" 1] Mr. Gary A. Napper May 26, 1989 Page 2 OUT-OF-POCKET EXPENSES As Invoiced In addition to the fees listed above, charges will be made for all out-of- pocket expenses incurred such as postage, telegraph, telephone, shipping costs, insurance, taxes, stationery, checks, overtime, storage of cancelled securities, etc. Should you have any questions, please do not hesitate to contact me. Sincerely, Vicki Elnick Vice President Corporate Trust (415) 774-6150 VE/mb / . • RESOLUTION NO. 61-89 A RESOLUTION DETERMINING UNPAID ASSESSMENTS AND PROVIDING FOR THE ISSUANCE OF BONDS PURSUANT TO THE "IMPROVEMENT BOND ACT OF 1915 " MIMOSA STREET ASSESSMENT DISTRICT WHEREAS, the City Council of the City of Morro Bay, California, has heretofore undertaken proceedings pursuant to the "Municipal Improvement Act of 191311, being Division 12 of the Streets and Highways Code of the State of California. WHEREAS, this Council has authority to issue bonds upon the unpaid assessments levied upon lands within a special assessment district described in Resolution of Intention No. 6-87, adopted January 16, 1987, for said acquisitions and improvements, said special assessment district known and designated as MIMOSA STREET ASSESSMENT DISTRICT (hereinafter referred to as the "Assessment District") ; and, WHEREAS, said proceedings provided for the issuance of bonds pursuant to the "Improvement Bond Act of 191511, being Division 10 of the Streets and Highways Code of the State of California, and it is necessary to establish terms and provisions of such issuance; and, WHEREAS, notice of the recordation of the assessment and of the time within which assessments may be paid in cash has expired, and there has been filed a list of all assessments which now remain unpaid; and, WHEREAS, it is desired, pursuant to Section 8650.1 of the Streets and Highways Code, to establish the denominations of the bonds to represent unpaid assessments on private property and the amount to mature each year which will be other and different than that as provided in Section 8650 of said Code; and, NOW, THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS: Section 1. That the above recitals are all true and correct. Section 2. Unpaid Assessments. That the assessments now remaining unpaid, and the aggregate thereof, are as shown on list entitled "List of Unpaid Assessments", referenced by the name of this Assessment District, a copy of which is on file in the Office of the Treasurer and by reference made a part hereof and attached as "Exhibit A". SENT BY:HGIGHT 8 HAIGHT : 6-12-89 4: OOPM 4084361367-) 1 605 772 2157:# 2 • Section s. Parcel Descriptions. That for a particular description of the lots or parcels of land bearing the respective assessment numbers set forth in said Unpaid List and upon which assessments remain unpaid, reference is hereby made to the assessment and to the diagram recorded in the Office of the Superintendent of Streets. Section 4. Issuance of Bonds, The Unpaid List is in the amount of $162,772.78 and bonds shall be issued in the amount of $1620773, upon the security of said unpaid assessments in accordance with the provisions of the "Improvement Bond Act of 1915", and under and pursuant to the provisions of said Resolution of Intention and the proceedings thereunder duly had and taken. SQQtion 5. Becl s, .Grad Bond. said bond shall be issuable as fully registered bonds in the denomination set forth in section 7. gaction 6. Date of Bonds. Said bonds shall be dated the loth day of July, 1989, and interest shall accrue from that date. seetiQn 7. Maturity. The bonds shall be issued with annual maturities on September 2nd of every year succeeding the first twelve (12) months after their date, until the whole is paid. The interest rates and principal amount maturing each year is as follows: MATURITY --YEAR RATE OF IH=RE$T PRINCIPAL MATURING SEPTEMBER 2ND 1990 6.95E $ 7,773.00 1991 7.05 $ 5,000.00 1992 7.10 $ 5,000.00 1993 7.15 $10,000.00 1994 7.20 $10,000.00 1995 7.25 $10,000.00 1996 7.30 $10,000.00 1997 7.35 $100000.00 1998 7.40 $10,000.00 1999 7.45 $10,000.00 2000 7.50 $15,000.00 2001 7.55 $150000.00 2002 7.60 $15,000.00 2003 7.65 $15,000.00 2004 7.75 $15,000.00 section 8. Interest. Each bond shall be of a single maturity and shall bear interest at the rate specified in Section 7 hereof from the interest payment date next preceding the date on which it is authenticated and registered, unless said bond is authenticated and registered as of an interest payment date, in which case it shall bear interest from said interest payment date, or unless said bond is authenticated and registered prior to the first, interest payment date, in which case it shall bear interest from its date, until payment of its principal sum has been discharged. Interest Payments shall commence on March 2, 1990 and be paid semi-annually thereafter on September 2nd and March 2nd of each year. Under Section 103 of the Internal Revenue Code of 1986 (the "Code"), the interest on Governmental obligations is excludable from gross income for federal income tax purposes if the obligations satisfy restrictions relating to (1) the use of proceeds from a private business use or for the making of a private loan; (2) reserve fund funding requirements, investment yields limitations, and rebate requirements; (3) Federal guarantee prohibitions; and (4) registration requirements. The City Council on behalf of the City floes not expect to violate any of said restrictions and does covenant against such violation. Placq of PaXagLnt. The the bonds s shall be payable in lawful money ofithl and t the United stateerest s of America at the office of Union Hank, Panorama city, California, as Paying Agent and Registrar (the "Paying Agent"). Principal and interest on said bonds shall be paid by check or draft to the registered owner thereof at his address as it appears on the books of registration, or at such address as may have been filed with the Paying Agent for that purpose, as of the 15th day immediately preceding said interest payment date. Section 10. Redemption. At the option of the City, any bond, or a portion thereof if issued in a denomination greater than $5,000, shall be subject to redemption and payment in advance of maturity in increments of $5,000 as provided in Section 8768 of the Streets and Highways Code, on the 2nd day of March or September in any year, by giving the notice provided in said law to the registered owner thereof at his address as it appears on interest on such redeemed amount, together with a premium equal to three percent (3%) of the redeemed principal amount. If less than the entire bond is redeemed, the unredeemed portion shall be reissued to the registered owner thereof. Section 11. Transfer of Registered Bonds. Any fully registered bonds may, in accordance with its terms, be transferred upon the books of registration required to be kept pursuant to the provisions of Section 13 by the owner in whose name it is registered, or by his duly authorized attorney or legal representative, upon surrender of such fully registered bonds for registration of such transfer, accompanied by delivery 3 0 of a written instrument or transfer in a form approved by the Paying Agent and by the owner of said bonds, duly executed. The Paying Agent shall require the payment by the bondholder requesting such transfer of any tax or other governmental change required to be paid with respect to such other transfer and such changes as provided for in the system of registration for registered debt obligations. No transfer of fully registered bonds shall be required to be made during the fifteen (15) days next preceding each interest payment date. Section 12. Exchange of Registered Bonds. Fully registered bonds may be exchanged at the office of the Paying Agent, or designated transfer agent/registrar, for a like aggregate principal amount of bonds of the same series, interest rate and maturity subject to the terms and conditions provided in the system of registration for registered debt obligations, including the payment of certain charges, if any, upon surrender and cancellation of said bonds. Upon such transfer and exchange, a new registered bond or bonds of any authorized denomination or denominations of the same maturity for the same aggregate principal amount will be issued to the transferee in exchange therefor. Section 13. Books of Registration. There shall be kept by the Paying Agent sufficient books for the registration and transfer of the bonds and, upon presentation for such purpose, the Paying Agent shall, under such reasonable regulations as it may prescribe, register or transfer or cause to be registered or transferred, on said register, the bonds as hereinbefore provided. Section 14. Execution of Bonds. The bonds shall be executed by the Treasurer and by the City Clerk, and the corporate seal shall be imprinted on the bonds. The bonds shall then be delivered to the paying agent for authentication and registration. In case an officer who shall have signed or attested to the bonds shall cease to be such officer before the authentication, delivery and issuance of the bonds, such bonds nevertheless may be authenticated, delivered and issued, and upon such authentication, delivery and issue, shall be as binding as though those who signed and attested the same had remained in office. Section 15. Authentication. Only the bonds as shall bear thereon a certificate of authentication substantially in the form below, manually executed by the paying agent, shall be valid or obligatory for any purpose or entitled to the benefits of this Resolution, and such certificate of the Paying Agent shall be conclusive evidence that the bonds so authenticated has been fully executed, authenticated and delivered hereunder, and are entitled to the benefits of this Resolution. 4 FORM OF CERTIFICATE OF AUTHENTICATION AND REGISTRATION This bond has been authenticated and registered on By: as Paying Agent and Registrar Section 16. Negotiability. Registration and Transfer of Bonds. The transfer of any bond may be registered only upon such books of registration upon surrender thereof to the Paying Agent together with an assignment duly executed by the owner or his attorney or legal representative, in satisfactory form. Upon any such registration of transfer, a new bond or bonds shall be authenticated and delivered in exchange for such bonds, in the name of the transferee, of any denomination or denominations authorized by this Resolution, and in an aggregate principal amount equal to the principal amount of such bond or principal amount of such bond or bonds so surrendered. In all cases in which bonds shall be exchanged or transferred, the Paying Agent shall authenticate at the earliest practical time, bonds in accordance with the provisions of this Resolution. All bonds surrendered in such exchange or registration transfer shall forthwith be cancelled. The legislative body may make a charge for every such exchange or registration of transfer of bonds sufficient to reimburse it for any tax or other governmental charge required to be paid with respect to such exchange or registration of transfer. The Paying Agent shall not be required to make such exchange or registration of transfer of bonds during the fifteen (15) days immediately preceding any March 2nd or September 2nd. Section 17. Ownership of Bonds. The person in whose name any bond shall be registered shall be deemed and regarded as the absolute owner thereof for all purposes, and payment of or on account of the principal and redemption premium, if any, of any such bond, and the interest on any such bond, shall be made only to or upon the order of the registered owner thereof or his legal representative. All such payments shall be valid and effectual to satisfy and discharge the liability upon such bonds, including the redemption premium, if any, and interest thereon, to the extent of the sum or sums so paid. Section 18. Mutilated, Destroyed, Stolen or Lost Bonds. In case any bond secured hereby shall become mutilated or be destroyed, stolen or lost, the legislative body shall cause to be executed and authenticated a new bond of like date and tenor in exchange and substitution for and upon the cancellation of such 5 mutilated bond or in lieu of and in substitution for such bond destroyed, stolen or lost, upon the owner's paying the reasonable expenses and charges in connection therewith, and, in the case of a bond destroyed, stolen or lost, his filing with the legislative body of evidence satisfactory to it and to the Treasurer or Paying Agent thereof that such bond was destroyed, stolen or lost, and of his ownership thereof, and furnishing the legislative body with indemnity satisfactory to it. Section 19. Cancellation of Bond. All bonds paid or redeemed, either at or before maturity, shall be cancelled upon the payment or redemption of such bonds, and shall be delivered to the Paying Agent when such payment or redemption is made. All bonds cancelled under any of the provisions of this Resolution shall be destroyed by the Paying Agent and Registrar, which shall execute a certificate in duplicate describing the bonds to destroy, and shall retain said executed certificate in its permanent files for the issue. Section 20. Reserve Fund. Pursuant to Part 16 of Division 10 of the California Streets and Highways Code, as amended, there shall be created a special reserve fund for the bonds to be designated by the name of the Assessment District and specified as the special "Reserve Fund". The Reserve Fund shall be funded as follows: The initial designated amount shall be deposited in the Reserve Fund out of the bond proceeds. Monies in the Reserve Fund shall be applied as follows: A. Amounts in said Reserve Fund shall be transferred to the Redemption Fund for the bonds if, as a result of delinquencies in the payment of assessments, there are insufficient monies in said Redemption Fund to pay principal of and interest on the bonds. Amounts so transferred shall be repaid to the Reserve Fund from proceeds from the redemption or foreclosure of property with respect to which an assessment is unpaid and from payments of the delinquent assessments; B. Whenever the balance in the special Reserve Fund is sufficient to retire all remaining outstanding bonds in the issue, whether by advance retirement or otherwise, collection of the principal and interest on the assessments shall be discontinued and the special Reserve Fund shall be liquidated in retirement of the bonds. In the event that the balance in the fund at the time of liquidation exceeds the amount required to retire all outstanding bonds in the issue, the excess shall be apportioned to each parcel upon which the individual assessment remained unpaid at the time the balance in the Reserve Fund was sufficient to retire all outstanding bonds in the issue. The payments shall be made in cash to the respective owners of the parcels except that, if M the excess is not greater than one thousand dollars ($1,000), the excess may be transferred to the general fund of the entity conducting the proceedings. Section 21. Improvement Fund. The proceeds from the sale of the bonds, after deposit of required amounts in the Reserve Fund and Redemption Fund, shall be placed in the fund hereby created, pursuant to Sections 10602 and 10424 of the California Streets and Highways Code, as amended, which shall be called "Improvement Fund, Mimosa Street Assessment District" (the "Improvement Fund"), and the monies in said Fund shall be used only for purposes authorized in said assessment proceedings. Any surplus in the Improvement Fund after completion of the improvements shall remain in the Improvement Fund for a period not less than two (2) years from the receipt of bond proceeds as provided in Section 10427.1 of the California Streets and Highways Code, and thereafter shall be utilized or distributed as determined by the legislative body. Section 22. Redemption Fund. Principal of and interest on said bonds shall be paid out of the Redemption Fund created pursuant to Section 8671 of the California Streets and Highways. Code. Accrued interest paid by the purchaser of the bonds, if any, shall be deposited in the Redemption Fund. In all respects not recited herein, said bonds shall be governed by the provisions of the "Improvement Bond Act of 191511, Division 10 of the California Streets and Highways Code, as amended. Section 23. Designation of Paying Agent, Transfer Agent and Registrar. Security Pacific National Bank is designated paying agent and registrar with respect to these proceedings and the bonds to be issued. Section 24. Covenant to Foreclose. The legislative body hereby covenants that upon default of any assessment payment due, it will cause foreclosure proceedings to be brought within one hundred fifty (150) days of such default and thereafter diligently prosecute such proceedings to completion. Section 25. Reserve Earnings to Debt Service. Once each fiscal year, any surplus funds that are derived from interest earnings on the Reserve Account in excess of the required reserve established in the Engineer's Report, shall be applied to debt service and/or bond redemption. Section 26. Order to Print and Authenticate Bonds. The Treasurer is hereby instructed to cause bonds, as set forth above, to be printed, and to proceed to cause said bonds to be authenticated and delivered to an authorized representative of the purchaser, upon payment of the purchase price as set forth in the accepted proposal for the sale of bonds. W Section 27. Transmittal to County Auditor. The Clerk shall transmit a certified copy of this Resolution to the County Auditor of San Luis Obispo County. Section 28. Private Business Use Limitation. The City covenants to adhere to the Private Business Use Limitation as prescribed in the Internal Revenue Code of 1986. Section 29. Private Loan Limitation. The City covenants to adhere to the Private Loan Limitation as prescribed in the Internal Revenue Code of 1986. Section 30. Federal Guarantee Prohibition. The City shall not take any action or permit or suffer any action to be taken if the result of the same would be to cause the bonds to be "federally guaranteed" within the meaning of Section 149(b) of the Internal Revenue Code of 1986 and its Regulations. Section 31. No Arbitrage. The City shall not take, or permit or suffer to be taken by the Paying Agent or otherwise, any action with respect to the proceeds of the bonds which, if such action had been reasonably expected to have been taken, or had been deliberately and intentionally taken, on the date of closing would have caused the bonds to be "arbitrage bonds" within the meaning of Section 148(a) of the Internal Revenue Code and its Regulations. * * * * * * * * * * * * 12 Resolution No. 61-89 10 is PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held on the 12th day of June 1989, by the following vote: AYES: Baker, Lemons, Odell, Wuriu, Sheetz NOES: None ABSENT: None ABSTAIN: None Rose (larie Shdztz, May ATTEST: DIT�'nAuTs, City Clerk 9 N r Y Y r Y I 1 I I w m Y z I a W Y Y Y Y Y FooK q O 3 Y F �+ Y S 10 M n 6 O O' m n N0 N vn �m3mn nY mart3 nno P P P P P P P P P P P P P P P P P P P m P P P P P P li R m m m m m m m m m m m m m m m m m m m m m m m m m A W H I I I I I I I I I I I I I I I I I I I I 1 I I I I O n O d ➢ ➢ V N N N N N N N � N N N N N N W N N y N W N N Y Y m Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y q N m p Y➢ O N A W V W W � Y W N N N N a m N Y Y N N O b Y O V m J P W A N O b m J P N Y b N m m q C H 4 fe 4 4 m m X q m N q q q n 3 4 X O m n n 0 7 F^ m Y E O m m m n H O 2 n m m m m m m O CI S O m n O C O Y• S n n ❑ G n L O T n n n R O m S Y K Y a F F O O H m O O 0 F 6 4 m m £ E E L M P G] P 0 m a m ry E n ry n P O P O P H U P N O 3 Mi .N T m X O C L m Y n O 3 m n w P O O w n m M m q n Z 6 q 7 m n X Y G 6 H O R O r HH• n a 3 N N O _0 3 M M a Y• C Y S n T F O n �q q m n 6 O_ 'C 3 n � K K '< n r n Y• N H Y 0 4 q C O C Y Y Y S M m M m m O o Y• 0 L O C m C O 0 0 1' 0' O m Y• x L E L ry O. 6 I' b m n m N N N K W Y N 1/I a q VI Y N Y Y Y N Y q W q W Y m N Y m m q J m a P J 6 A J J 10 N J P P N Y m P V N V1 � VI P O m O J O O P O O O P N� W A Y 0 3 m Y m O m O o 3 L 1i Y• L O 3 O H m m £ qZ O Y m �O W J N = V H a 0 m m n E m O P O m m O N N m N O M E O O 3 O m W m a m O O N W K 0 E L 7 Y QQL J J 0 0 O 0 6Y g T m a P o °O $ o o X a a m° o v n o w m < K n m a m n m n H o m o n m n r• n m m n Y• n Y n n n m m m m a a r m 0 3 m 0 3 m N Y Y 3 m Y P 3 m 3 n S N [� �' m 0 0 O O O H O O O m Y Y O m Y F. 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That the City Attorney's opinion that the water equivalency units originally granted to the project have expired is true and correct in this case; and 2. That although the amount of time which has lapsed from the original allocation exceeds that allowed under current city ordinances to extend the previously issued water equivalencies (Municipal Code Section 13.20.100) the City Council is authorized upon making a finding of hardship to reissue such expired water equivalencies; and City Council Resolution No. 60-89 Page Two 3. Council hereby finds that the application for all necessary permits and construction were delayed due to hardship by reason of the bankruptcy and/or insolvency of the project proponent and the project's lender with the subsequent takeover by FADA/FSLIC. In addition to these facts, the Council also finds that actions by other entities, beyond the full control of the project proponent, including cease and desist orders by the Department of Real Estate and failure of the lender, Mt. Whitney Savings, contributed to the inability to proceed with the project in accordance with anticipated time schedules resulting in the expiration of water equivalencies; and 4. The project proponent asserts that there is a history of City approvals of various elements of the project including use permits, condominium tract map, issuance of water equivalency units for the entire project, and the requirement, completion and acceptance of significant public improvements, which were relied on by project proponents contributing to their belief that the water equivalencies would not expire; and 5. The project proponent, through Inland West Development Company, has recently requested and received approval of several minor amendments to the conditional use permit that will enhance the quality of the project and its compatibility with the surrounding neighborhood; and 6. This re -issuance of the water equivalencies is the most effective means of ensuring early completion of the project previously approved and avoiding a blighted situation in the neighborhood and community in general as a result of an incomplete and neglected project and deteriorating physical environment; and 7. The re -issuance of the equivalencies does not affect the current annual water allocation since they are a restoration of equivalencies previously approved during a prior period. 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 Commission in this matter; and, City Council Resolution No. 60-89 Page Three 2. That contingent upon the agreement of FADA/FISLIC to the attached conditions, and further contingent upon Inland West Development Company becoming the owner of the subject property, the Council does hereby conditionally grant the request to re -issue 31.34 water equivalencies for the Bayshore Village Project subject to and conditioned upon the attached conditions shown on Exhibit "A", attached hereto and made a part hereof; and 3. Construction of the remaining 48 residential units shall be undertaken in two phases of approximately equal numbers of units. Construction of the first of these two remaining phases shall commence in 1989. Construction of the second phase shall not commence prior to January 1, 1990. Applicable building permits shall reflect this requirement; and 4. The City Council reserves the right to stay construction in the event the City reaches Level 4 of its water conservation program which is set forth in Ordinance No. 347. PASSED, APPROVED, AND ADOPTED, on the 22nd day of May, 1989 by the following vote to wit: AYES: Baker, Lemons, Wuriu, Sheetz NOES: Odell OF' ATTEST: —AW!tn Davis, City Clerk E EXHIBIT "A" Special Conditions of Water Equivalency Re -issuance A. At the request of FADA/FSLIC, the water equivalencies are reissued to Inland West Development Company only and to no other entity or owner, subject to FADA/FSLIC closing escrow with Inland West Development Company, which shall become the full and legal owner of the Bayshore Village property. This condition shall be accepted in writing within 30 days of adoption of Resolution 60-89. B. The 32 minor amendments listed below, and requested by Inland West Development Company in its April 4, 1989 letter to the City of Morro Bay, and administratively approved by the Community Development Director, shall be complied with by Inland West Development Company. Written acceptance of this condition shall be provided to the City within thirty (30) days of adoption of Resolution No. 60-89. 1. Install picnic tables in Bayshore Bluffs Park (herein after referred to as "park") as approved by the Recreation and Parks Director; 2. Repair asphalt and headers on bicycle path in park as required by the Public Works Director; 3. Set electrical junction box for the park sprinkler system on the north side of the existing restroom in the ground and as approved by the Recreation and Parks Director; 4. Paint -stripe and label the park bicycle path in accordance with the approved park plans; 5. Paint -stripe parallel parking stalls on the east side of Bayshore Drive in a manner approved by the Public Works Director; 6. Submit a copy of the park maintenance plan to be approved by the City staff; 7. Maintain weed control in the park area in a manner acceptable to the Public Works Director; 8. Replace the handicap sign located near the southerly picnic table located within the park; 9. Install a ground light adjacent to the "look -out" sign next to the bicycle path in accordance with the approved construction drawings; EXHIBIT "A" Special Conditions of Water Equivalency Re -issuance Page Two 10. Repair the erosion damage in the embankment beneath the wooden stairway and as approved by the Public Works Director. A drainage plan shall also be submitted and approved by the Public Works Director to prevent such damage in the future. The detailed extent of such work, and ongoing liability for same, is to be outlined and/or drawn by our engineering staff in cooperation with the City Public Works Director; 11. Repair the erosion damage at the south end of the bluff located in the park. A deep channel has been cut in the edge of the bluff. A 48-inch eucalyptus tree is being undermined severely and is in danger of toppling. As mentioned above in Condition Number 10, a drainage plan shall also be submitted to prevent further damage. The detailed extent of such work, and ongoing liability for same, is to be outlined and/or drawn by out engineering staff in cooperation with the City Public Works Director; 12. Complete the grading at the south end of the park in accordance with the recommendation of the geotechnical engineer hired by the project proponent earlier. This particularly refers to a low area where water collects in a pond. The engineer recommended that a berm be constructed and the area be filled to a depth of no greater than one foot. This was never completed. The detailed extent of such work, and ongoing liability for same, is to be outlined and/or drawn by our engineer in cooperation with the City Public Works Director; 13. Complete the installation of water service meter boxes in accordance with City engineering standards. In addition, nearly all existing water services have not been installed in accordance with City engineering standards and shall be removed and replaced as necessary; 14. Install water meters for the park irrigation system and the public restroom in accordance with City engineering standards; 15. Provide "as built" drawings to the City for the park irrigation system, the wooden stairway and the wooden viewing platform; EXHIBIT "A" Special Conditions of Water Equivalency Re -issuance Page Three 16. Provide maintenance to the sewer pump -lift station. City water bill records indicate that several of the condominium units are occupied and using water, yet City crews have determined that the sewer pumps have never operated. City staff has also learned electrical power was turned off because of non-payment. This situation needs to be corrected immediately; 17. Install temporary wooded street -end barricades at the entrances to the Phase III area until completion of the project. All barricades shall conform to City engineering standards; 18. Repair the timer apparatus for the lights at the north end of the park, subject to the approval of the Recreation and Parks Director; 19. Remove the toad -stool benches in the park at the three locations shown on the construction plans and replace them with prefabricated concrete benches on poured concrete slabs; 20. Cover exposed storm drain line at the southerly end of the park in a manner approved by the Public Works Director; 21. Post a $47,000.00 construction bond with the City Finance Officer. The bond's purpose is to ensure that all public improvements are installed in a manner that is acceptable to the City; 22. Connect the existing bikepath located at the southerly edge of the park to Main Street in a manner approved by the Community Development Director and by the State Recreation and Parks Department. Removal of existing mature trees is to be avoided wherever possible; 23. The following alterations to the existing fence fronting along Main Street shall be made: 1) Reduce the height 24" or by 33 1/3% of the existing height; 2) Remove the existing cutout sections (approximately every sixth panel) and replace them with a similar panel to match the rest of the fence. These new sections shall be recessed by approximately 18" from EXHIBIT "A" Special Conditions of Water Equivalency Re -issuance Page Four the balance to offset the long flat appearance which now exists. The exterior area shall be landscaped along with the curb and sidewalk in accordance with a planned design which shall be submitted for City approval. 24. Install concrete curb, gutter, and sidewalk generally six feet in width along the entire Main Street right- of-way and adjacent to the project site's frontage. In addition to the curb, gutter, and sidewalk, the applicant shall provide for a landscaped strip generally four feet in width, and remove the existing sidewalk eucalyptus trees for relocation elsewhere within the project or elsewhere in the City. Detailed drawings shall be submitted to the Public Works Director for approval and bond shall be posted for the completion of same. 25. Install an irrigation system within the park subject to the approval of the Recreation and Parks Director; 26. The building heights of all the proposed "B" and "C" plans (two-story) on the northerly side of the project shall be modified to reduce the roof pitch to 3-12 from the existing 5-12. This will lower the "B" buildings by 2'8" and the "C" buildings by 4 feet; 27. Modify the homeowner's association responsibilities to include the maintenance of storm drain facilities that exist for on -site drainage; 28. Install ultra low -flush (1.5 gallon toilet) in all new units. Retrofit all existing units which remain to be purchased with the ultra low -flush toilets; 29. Pay all water and sewer availability charges for the remaining 48 residential units. The availability charges shall reflect current rates at the time that building permits are issued; 30. Re -paint all existing buildings to the new color scheme as submitted for City approval; and EXHIBIT "A" Special Conditions Page Five of Water Equivalency Re -issuance 31. In order to conform with Phase I of the project, the proposed "D" plan will be substituted with the "C" plan as previously done. 32. All outdoor lighting shall be shielded and/or downcast to minimize glare. Fixtures shall be subject to the approval of the Community Development Director. C. 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. RESOLUTION NO. 59-89 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, ANNOUNCING FINDINGS AND APPROVING A CONDITIONAL USE PERMIT (CONCEPT PLAN) TO PERMIT THE EXPANSION OF A COMMERCIAL FISHING FACILITY T H E C I T Y C O U N C I L City of Morro Bay, California CASE NO. CUP 08-89 WHEREAS, the Planning Commission of the City of Morro Bay, California, on the 1st day of May, 1989, held a duly noticed PUBLIC HEARING to consider the request of Central Coast Seafood for a Conditional Use Permit (Concept Plan) to allow the expansion of a commercial fishing facility, located at 1001 Front Street, in the WF/PD zone, more particularly described as: See Attachment "A" WHEREAS, after said PUBLIC HEARING the Planning Commission did approve said Conditional Use Permit (Concept Plan); 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 a Negative Declaration has been determined and no further documentation is deemed necessary; and WHEREAS, on the 22nd day of May, 1989, the City Council of the City of Morro Bay, California, held a duly noticed PUBLIC HEARING to consider Case No. CUP 08-89 (Concept Plan) and the recommendations of the Planning Commission; and WHEREAS, at said PUBLIC HEARING, after considering the staff report, Planning Commission recommendations, and the testimony of all persons wishing to testify, the City Council found the following facts and reasons to justify approval of the Conditional Use Permit (Concept Plan): 1. The proposal is in conformance with Morro Bay General Plan, Land Use Element, adopted October 1977 (as amended) and Morro Bay Local Coastal Plan, adopted October 1982 (as amended); and 2. Would contribute to continuation and improvement of the two main policies and objectives of aforesaid plans, namely encouragement and enhancement of commercial fishing enterprise and visitor - serving opportunities and needs; and City Council Resolution No. 39-89 Page Two 3. Would measurably improve the visual quality of the site by enclosing or removing present unsightly exposed facilities, providing paved and landscaped parking lot, creating a unified exterior appearance and placing a new more aesthetically pleasing roof; and 4. Such improvements demonstrably would create a "better design" and contribute to the "public benefit"; and S. Would further contribute to the economic health of the waterfront commercial community, providing improved processing facilities to support the commercial fishing industry; and 6. Would not infringe, impair, damage or interfere with the health, welfare or demeanor of the population resident in, employed in or visiting the waterfront or affect in any negative manner the general welfare of the community at large. 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 of Conditional Use Permit No. 08-89 (Concept Plan), as shown on Attachment "B" and made a part hereof, subject to the conditions attached hereto. PASSED, APPROVED, AND ADOPTED, by the City Council of the City of Morro Bay, on the 22nd day of May, 1989, by the following vote to wit: AYES: Baker, Lemons, Odell, Wuriu, Sheetz NOES: None ABSENT: None ATTEST: CONDITIONS OF APPROVAL Case No. CUP 08-89 (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 the attached exhibits, 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 08-89 Page Two SPECIAL CONDITIONS 7. 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. 8. Applicant shall submit, prior to Precise Plan 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. 9. Applicant shall submit, prior to Precise Plan 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. 10. Applicant shall install, prior to final occupancy approval, handicap ramps and reconstruct existing driveways and sidewalks in the public right-of-way in accordance with City Standard Drawings and Specifications at no cost to the City. 11. Applicant shall submit, prior to Precise 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. Any drainage systems emptying into Morro Bay shall be fitted with grease traps. 12. Applicant shall submit, prior to Precise Plan approval, detailed engineering drawings showing repairs and construction proposed for the revetment and dock area, and after approval by the Director of Public Works, shall obtain all necessary permits for said repairs and construction from the California Coastal Commission and U.S. Army Corps of Engineers. Prior to final occupancy approval, applicant shall construct all said improvements and repairs at no cost to the City. • Conditions of Approval CUP 08-89 Page Three 13. Construction of public improvements, including work within the public right-of-way and the revetment and dock area will require plans to be approved and permits issued by the Department of Public Works. Applicant will further be required to post bonds for 150% of the estimated cost of construction of all said Improvements and repairs. 14. Fire protection shall be provided as follows: a. Demolition of any structures shall be coordinated with the Fire Chief and Building Official prior to the issuance of a demolition permit. b. Fire protection impact fees calculated at $.10 per square foot of the new and additional floor area shall be paid to the City prior to final occupancy approval. C. Building plans shall include the following provisions concerning fire protection and shall be approved by the Fire Chief prior to the beginning of construction: - all structures, including the wharf area, shall be protected with fire sprinklers in conformance with NPFA 13; - wood shake or wood shingles shall not be permitted; - provide 1-1/2 inch hose cabinets with 1-1/2 hose and plastic nozzles, as approved by the Fire Chief along the dock; - sprinkler and alarm plans; - fire hydrant shall be installed as approved by the Fire Chief. 13. In addition to on -site parking shown on the site plan, approximately nine spaces shall be provided through a combination of the payment to the City of in -lieu parking fees, and/or provision of off -site parking within three hundred feet of the project pursuant to Municipal Code Section 17.33.090. Prior to Precise Plan approval, the exact number of parking spaces required for the project shall be re -calculated based on the final site plans and in accordance with Municipal Code Chapter 17.44 provided, however, that the modified parking standards contained in the Circulation Element of the General Conditions CUP 08-89 Page Four of Approval Plan shall be used in the calculations where applicable. The non on -site parking requirement shall be met by payment to the City prior to issuance of building permits of an in -lieu fee of four thousand dollars ($4,000.00) for each space. Further, the applicant shall execute a Covenant and Agreement and cause it to be recorded (or shall enter another similar agreement proposed by the City) that property owner shall not protest or object to inclusion of property in any area -wide parking management district or special assessment district for parking created or formed in the future by the City. 16. The approved concept design shall substantially conform to Attachment "A". The maximum height of all structures shall be 25 feet. 17. Permanent public access shall be maintained to the harbor at the bay side of the parking lot and along the southerly side of the site. The central access location shall be available for public use during daytime hours when business is in operation, but may be closed at night for security purposes. The southerly accessway shall be available for use at all times. The public access sites shall be identified by signs 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 accepted by the Executive Director of the Coastal Commission, and signed by the applicant prior to final building occupancy approval. 18. Detailed plans for landscaping, signing, exterior building materials and colors, lighting, trash enclosures, benches and seating, railings, and any other exterior improvements shall be submitted prior to Precise Plan approval. 19. Applicant shall obtain a sign permit prior to the installation of any signs on the site. 20. Water saving devices shall be installed throughout the project and shall be approved by the Building Official. 21. Applicant shall obtain, prior to issuance of building permits, any necessary water awards and approvals of water equivalencies by the City. 22. All on -site utility service and distribution lines shall be installed underground. 49 Conditions of Approval CUP 08-89 Page Five 33. 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. 24. Existing storage tanks on -site shall be identified on subsequent plans but prior to final approval for review by the Director of Public Works to assure no internal conflicts shall arise. 25. Subsequent plans prior to final approval shall demonstrate proposed plumbing to handle waste effluent directly attributable to the fish processing plant and shall be approved by the Director of Public Works. 26. The use of structure(s) over the lease sites shall not be inconsistent with those commercial fishing -related uses permitted by the terms of Tidelands Lease Nos. 102, 102W, 103.2, and 105.1W. A Hoch. A CUP 08 - 89 CITY COUNCIL % e s a A No . A o/olo 71 e o! Secrc,<o•ry /'/..Comm. 1181HX3 7 �1181HX3 ,g0 'ON 3SVO . 6l ° I ^ I v I I tL I 1 ri I I I d ^ r c l I -` I I 1 e: i lo' > I I��n----;; FIII I� JJLil_ I I I 1 � s > ° o llyxll N- I� iR_ LJ I r i i L--J4 F1 F�= F1 F= : I• I '�a I -ice 'mod : Oo mn 1 r IISIHX3 'ON 3i3dO p el a z - ° z, I, E CORMDOR � T p o�>.'n •' a' . `p �R w•y A O z I O.O G'T S .O. Y,s 'A.. Y; A I o. n P i w— i L, (� IGIHX3 'ON 3Sb0 N i ` '181HX3 ' go dT'ON 3sd3 Y • N:� B90 I v I RESOLUTION N❑. 58-89 A MORRO BAY CITY COUNCIL RESOLUTION APPROVING THE FINAL MAP OF TRACT 1521, A CONDOMINIUM CONVERSION ❑F SIX UNITS AT THE NORTHEASTERLY CORNER ❑F SOUTH STREET AND MORRO AVENUE T H E C I T Y C❑ U N C I L City ❑f Morro Bay, California WHEREAS, the Planning Commission of the City of Morro Bay, ❑n the 8th of September 1987, conditionally approved the tentative map For Tract 1521 - a six unit condominium conversion at the northeasterly corner of South Street and Morro Avenue; and WHEREAS, all the conditions of approval have been met and the Final Map of Tract 1521 is complete and satisfies all State and local requirements. NOW, THEREFORE, BE IT RESOLVED by the City Council ❑f the City of Morro Bay, California that it does approve the final Map of Tract 1521. PASSED AND ADOPTED by the City Council of the City ❑f Morro Bay at a regular meeting held thereof on the 22nd day of May, 1989, by the Following vote: AYES: Baker, Lemons, Odell, Wuriu, Sheetz NOES: None ABSENT: None ATTEST: ARDITH DAVIS, CITY CLERK w . . r.. .. tip zo tit f 3r,A soa cnP s DAM 9it 4 R _tea y n y (3 i I sp = n � tl09•M.' 9•i m pa if Q� Qyn `F PN AM ag 9R fl "HIN 1qm AR 9qR �8 J nan•w �tu.fs• M sv�e•x Ml.r .-9 ) I I I P I I � I B I I G I I n•w oa9.•M. r --1.� D I I r � se Nyl � I —+J M-W M99'M. R N99•L•91•W M9!79•K IxrM•w nt) Q a w .,.a.9 FSFQ7'� N BQQ9 � G �3 a RESOLUTION NO. 57-89 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, CALIFORNIA, ESTABLISHING A BUSINESS LICENSE RATE SCHEDULE FOR FY 1989-90 WHEREAS, Measure A was approved by the voters of Morro Bay in November of 1988, providing for annual adjustment in the Business License Rate Schedule to reflect changes in the Consumer Price Index; and and WHEREAS, the Business License Rate Schedule was last adjusted in 1986; WHEREAS, Measure A is retroactive to 1986; and WHEREAS, the Consumer Price Index has increased 13% from March 31, 1986 to March 31, 1989; and WHEREAS the Fiscal Year 1989-90 Business License Rate Schedule reflects this 13% increase; NOW, THEREFORE, BE IT RESOLVED that the Morro Bay City Council does hereby approve and adopt the Fiscal Year 1989-90 Business License Rate Schedule. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held thereof this 22nd day of May, 1989, by the following roll call vote: AYES: Baker, Lemons, Odell, Wuriu, Sheetz NOES: None ABSENT: None wneg'do�1.�1 , e . ATTEST: ARDITH DAVIS, City Clerk CITY OF MORRO BAY BUSINESS LICENSE RATE SCHEDULE FISCAL YEAR 1989-90 TYPE 1 UNDESIGNATED PROFESSIONALS PLUS: EACH EMPLOYEE 2 APTS MOTEL HOTELS MULTIPLE DWELLINGS REST HOMES ROOMING HOUSES HOSPITALS & SANITARIUM PLUS: FOR EACH UNIT, PERSON CARED FOR OVER 4 3 ART HOBBY OR HANDICRAFT SHOW AND EXHIBITIONS MINIMUM PER SALESPERSON NON-PROFIT ORGANIZATIONS 4 AUCTIONEERS NO FIXED PLACE OF BUSINESS FIXED PLACE OF BUSINESS PLUS: EACH EMPLOYEE 5 CARNIVALS AND CIRCUSES 6 COIN -OPERATED VENDING MACHINES 7 CONTRACTORS GENERAL MINIMUM SPECIALTY MINIMUM 8 DELIVERY BY VEHICLE FOR 1 OR MORE VEHICLES 9 FIRE WRECK OR BANKRUPT SALE EACH SALE PLUS: IN EXCESS 3 DAYS 10 FLEA MARKETS MINIMUM PER SALESPERSON 11 GARAGE SALES 1-2 SALES 3-MORE 12 HOME OCCUPATIONS EXCEPTION LICENSE BASIC LICENSE 13 MONEYLENDERS & PAWNSHOPS 14 PEDDLERS SOLICITORS OR ITINERANT MERCHANTS PEDDLERS SOLICITORS PLUS: EACH EMPLOYEE ITINERANT MERCHANTS SECTION BASE 5.08.020 ANNUM ANNUM 5.08.030 ANNUM 5.08.040 GROSS RECEIPTS CURRENT CURRENT RECOMM + CPI $62.00 $70.06 $70 $14.00 $15.82 $16 $62.00 $70.06 $70 $2.50 $2.83 $2.80 3% 3% ANNUM $1.25 $1.41 $1.40 DAY $0.00 $0.00 $0.00 5.08.050 DAY $62.00 $70.06 $70 ANNUM $62.00 $70.06 $70 ANNUM $14.00 $15.82 $16 5.08.060 DAY $250.00 $282.50 $283 5.08.070 GROSS RECEIPTS 1% 1% 5.08.080 ANNUM $125.00 $141.25 $141 JOB $62.00 $70.06 $70 ANNUM $62.00 $70.06 $70 JOB $14.00 $15.82 $16 5.08.090 ANNUM $62.00 $70.06 $70 5.08.100 $88.00 $99.44 $99 DAY $50.00 $56.50 $57 5.08.110 DAILY GROSS 6% 6% DAY $5.00 $5.65 $6 5.08.120 $0.00 $0.00 $0 ANNUM $62.00 $70.06 $70 5.08.130 ANNUM $25.00 $28.25 $28 ANNUM $62.00 $70.06 $70 5.08.140 ANNUM $250.00 $282.50 $283 5.08.150 DAY $25.00 $28.25 $28 DAY $50.00 $56.50 $57 DAY $25.00 $28.25 $28 DAY $25.00 $28.25 $28 WEEK $50.00 $56.50 $57 MONTH $75.00 $84.75 $85 QUARTER $100.00 $113.00 $113 180 DAYS $125.00 $141.25 $141 CITY OF MORRO BAY BUSINESS LICNESE RATE SCHEDULE TYPE SECTION BASE CURRENT CURRENT RECOM + CPI 15 PUBLIC UTILITIES 5.08.160 ANNUM $62.00 $70.06 $70 PLUS: EACH EMPLOYEE ANNUM $14.00 $15.82 $16 EXCEPTION: WHEN CITY FRANCHISE TAX IS GREATER THAN $70 0 $0.00 $0 16 REAL ESTATE 5.08.170 CALIF LICENSED BROKER ANNUM $62.00 $70.06 $70 SALESMAN OR AGENT EACH ANNUM $14.00 $15.82 $16 EMPLOYEE EACH ANNUM $14.00 $15.82 $16 17 EXHIBITING ANIMALS OR TRICK RIDING, WIRE DANCING OR OTHER EXHIBITIONS 5.08.180 DAY $25.00 $28.25 $28 EXCEPTION NO FEE OR ADMIN MERRY-GO-ROUND, REVOLVING WHEEL, CHUTE, TOBOGGAN SLIDE, MECHANICAL RIDING CONTRIVANCE OR PONY RIDE DAY $25.00 $28.25 $28 TENT SHOW OR ITINERANT SHOW DAY $62.00 $70.06 $70 EXCEPTION NO FEE OR ADMIN DAY $0.00 $0.00 $0 WRESTLING OR BOXING SHOW DAY $25.00 $28.25 $28 PUBLIC DANCE DANCE $25.00 $28.25 $28 EXCEPTION NO FEE OR ADMIN DANCE $0.00 $0.00 $0 18 SECONDHAND STORE & JUNKDEALER 5.08.190 ANNUM $62.00 $70.06 $70 PLUS: EACH EMPLOYEE ANNUM $14.00 $15.82 $16 19 SKATING RINK 5.08.200 ANNUM $62.00 $70.06 $70 PLUS: EACH EMPLOYEE ANNUM $14.00 $15.82 $16 20 TRAILER HOUSE, RV OR 5.08.210 MOBILE HOME PARK $50.00 $56.50 $57 RENTAL SPACES 1-4 ANNUM $62.00 $70.06 $70 PLUS: EACH ADDL SPACE ANNUM $2.50 $2.83 $2.80 21 PRIVATE PATROL 5.16.020 $29.00 $32.77 $33 22 AMBULANCES LICENSE 5.20.050 ANNUM $52.00 $58.76 $59 DRIVER PERMIT 5.20.210G ANNUM $2.00 $2.26 $2.25 ATTENDANT 5.20.230F ANNUM $2.00 $2.26 $2.25 23 TAXICABS LICENSE PER CAB 5.24.140 SEMI-ANNUAL $33.00 $37.29 $37 DRIVER 5.24.240 SEMI-ANNUAL $5.25 $5.93 $6 FULL TEXT OF MEASURE AN ORDINANCE OF THE CITY OF MORRO BAY TO AMEND VARIOUS SEC- TIONS OF TITLE 5 OF THE MORRO BAY MUNICIPAL CODE RELATING TO BUSINESS LICENSE TAX RATES AND TO AUTHORIZE AUTOMATIC ANNUAL ADJUSTMENTS. The People of the City of Morro Bay do ordain as follows: Section 1. Authority to Adopt Measure This ordinance and the tax authority herein is enacted pursuant to the provisions o1 §37101 of the California Government Code and §1600 el. seq. of the California Business and Professions Code, and in compliance with the California Constitution Article XIII A. Section 4 and Article 3.7 of Chapter 4 of Part 1, of Div. 2 of Title 5 of the California Government Code commencing with §53720. Section 2. Purpose It is the intent of this ordinance to provide annual adjustments in the Business License Tax equal to the change in the Consumer Price Index (CPI) to maintain parity with other taxes which increase or decrease automatically with inflation. Section 3. Type of Tax Business License Tax is a General Tax as defined in Government Code §53721. The tax is imposed for General Governmental Purposes. Section 4. Annual Adjustment of Rates Section 5.04.050 of the Morro Bay Municipal Code is amended to read: There are hereby imposed upon the businesses, trades, professions, cal- lings and occupations specified in this title license tees as established annually in the Business License Rate Schedule. Each year by June 30th the Business License Rate Schedule will be adjusted by the change in the Consumer Price Index (CPI), Irom March o1 the previous year to March of the current year. The percentage adjustment for any given year shall be based upon the average monthly index for twelve months ending March 31st. 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, compiled and published by the United States Department of Labor. Bureau of Labor Statistics, 1968 Base Year = 100 (hereafter called Index.) 11 the United 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. This Section shall not be construed to require any person to obtain a license prior to doing business within the City if such requirement conflicts with applicable statutes of the United States or of the State of California. Section 5. Effective Date The annual CPI adjustments authorized by this ordinance shall commence on June 30, 1986 in accordance with previously adopted rate schedules. Section 6. Severability If any provision of this ordinance or the application thereof to any person or circumstances is held to be invalid, such invalidity shall not affect any other provision or applications, and to this end the provisions of this ordinance are declared to be severable. IMPARTIAL i JLYJIS BY CITY ATTORNEY MEASURE A This measure authorizes the city to make automatic annual adjustments to the Business License tax rates without the expense of an annual vote of the people. If adopted, the city will be permitted to annually increase or decrease the Business License tax by the same percentage as the increase or decrease in the Consumer Price Index. THE ABOVE STATEMENT IS AN IMPARTIAL ANALYSIS OF MEASURE A. IF YOU DESIRE A COPY OF THE MEASURE, PLEASE CALL THE ELECTIONS OFFICIAL'S OFFICE AT 772-1214 EXT. 210 AND A COPY WILL BE MAILED AT NO COST TO YOU. s/Judy Skousen City Attorney ARGUMENT IN FAVOR OF MEASURE A Cities, including Morro Bay, have traditionally collected a small tax from local businesses which operate within their city limit. This Business License Tax is considered a general lax by law, with the monies collected used to support general government services. Historically, the City of Morro Bay has annually raised the Business License Tax rate to match yearly increases in the cost -of -living index, along with increasing other City tees. In November 1986, however, the voters of the State of California adopted Proposition 62, which now requires the voters of a city to approve any local, general tax rate increase before it becomes effective. As your City Council, we believe it is necessary for our flat -rate Business License Tax to keep pace with inflation, just like other tax revenues adjust to changes in inflation (examples: sales tax; gasoline tax; property tax; bed tax). The proposed Ballot Measure au- thorizes an annual adjustment in our Business License Tax equal to the increase or decrease in the Consumer Price Index. By approving this Measure, adjustments in the rate schedule will occur automatically, and the taxpayer also avoids the time and expense of voting on this tax measure each year. We urge you to vote "Yes" on Measure A to support the operational services and programs of your City. s/ Paul Donnelly Councilmember s/ John Lemons Councilmember s/ Jett Odell Councilmember s/ Rose Marie Sheetz Councilmember s/ Dale Reddell Mayor 40-51 RESOLUTION NO. 56-89 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY PROHIBITING ON -STREET PARKING ON A PORTION OF KENNEDY WAY ADJACENT TO THE MORRO BAY COMMUNITY CENTER THE CITY COUNCIL City of Morro Bay, California WHEREAS, the Morro Bay Community Center is a public facility for the benefit of all the citizens of Morro Bay; and WHEREAS, a sight distance restriction exists caused by vehicles parked on Kennedy Way adjacent to the facility's driveway; and WHEREAS, the City Council of the City of Morro Bay has determined that it is in the interest of public safety to prohibit on -street parking on the north side of Kennedy Way for a distance of one hundred twenty five feet easterly of the facility's driveway; and WHEREAS, said distance entails the deletion of three on - street parking spaces. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay, California that on -street parking as hereinabove described is hereby prohibited; and BE IT FURTHER RESOLVED that the Morro Bay City Engineer be authorized and directed to cause the installation of appropriate curb markings to enforce said prohibition. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held thereof on the 22nd day of May, 1989 by the following vote: AYES: Baker „ Lemons, Odell, Wuriu, Sheetz NOES: None ABSENT: None ABSTAIN: None ATTEST: N/A • • q. . ARDITH DAVIS City Clerk CITY COUNCIL RESOLUTION NO. 55-89 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, DENYING AN APPEAL AND UPHOLDING THE PLANNING COMMISSION'S ACTION AND APPROVING A CONDITIONAL USE PERMIT TO ALLOW OUTDOOR SALES AND DISPLAY OF ACCESSORIES, SUPPLIES, AND PARTS FOR RECREATIONAL VEHICLES 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 3rd day of April, 1989, did approve a request by Lester Bird to allow outdoor sales and display of accessories, supplies, and parts for recreational vehicles, located at 1598 Main Street, in the M-1/PD/I zone, more particularly described as: APN 68-291-23 & -45 Lots 7,8,9, Block 6 Tract 47 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. WHEREAS, on April 13, 1989, Nancy Doherty did appeal the Planning Commission's action to the City Council; and WHEREAS, the City Council of the City of Morro Bay did on May 8, 1989, hold a duly noticed PUBLIC HEARING on said appeal; and WHEREAS, at said PUBLIC HEARING, after considering the staff reports, the Planning Commission's report on this matter, and the testimony, both oral and written, of all persons wishing to testify at the hearing, the City Council did find the following facts and reasons to justify denying the appeal: 1. Display and sales of accessories, parts and supplies for recreational vehicles is not in conflict with or inconsistent with activities and uses permitted of right in the M-1/PD/I zoned district (light industrial/planned development/interim use), or with the policies and objectives of the City of Morro Bay General Plan - Land Use Element, adopted October, 1977 or the Morro Bay Coastal Land Use Plan adopted September, 1982; and r� City Council Resolution No. 55-89 Page Two 2. Exterior display and sales of accessories, parts and supplies for recreational vehicles involves minimal or no improvements to or on the site and will not impede or constrain or interfere with on site parking; and 3. Exterior display and sales of accessories, parts and supplies for recreational vehicles is essentially consistent with or not in conflict with the existing developments fronting on North Main Street; and 4. The establishment and maintenance of the requested use including "outdoor" display and sales will not in this particular instance be cause of or result in impairment of or damage to the health, safety, comfort or general welfare of persons residing in the immediate area or employed therein or dependent upon Main Street; and 5. Appropriate conditions may be imposed pursuant to Conditional Use Permit procedures to cause continued conformance to aforementioned findings. 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 Commission in this matter; and, 2. That the City Council does hereby deny said appeal of Conditional Use Permit No. 06-89 and uphold the Planning Commission action approving CUP 06-89 with conditions. PASSED, APPROVED, AND ADOPTED, on the 8th day of May, 1989, by the following vote to wit: AYES: Baker, Lemons, Odell, Wuriu, Sheetz NOES: None ABSENT: None ATTEST: may 91 �. rof M-NE CONDITIONS OF APPROVAL Case No. CUP 06-89 STANDARD CONDITIONS 1. This Conditional Use Permit is granted for the land described in the application and any attachments thereto, and as shown on the attached exhibits, 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 06-89 Page Two 7. 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. SPECIAL CONDITIONS 8. All conditions applicable to CUP 36-85 shall continue in full force and effect. Uses provided for by CUP 06-89 shall not be implemented until all previous use permit conditions for the site are complied with. 9. Subject site shall be maintained essentially as is and no additional signs shall be permitted. 10. The outdoor display and sales area shall be neatly maintained and products displayed in an attractive manner acceptable to the Director of the Community Development Director. 1.1. The outdoor display area shall not exceed 50 square feet and be limited to area shown on Exhibit "A", except that "special events" may utilize not more than 500 square feet cumulatively. Such "special event" sales may be conducted not more than four (4) times in any twelve (12) month period and shall not exceed sixteen (16) calendar days for any single event or more than forty (40) calendar days cumulatively. I - 0 C] RESOLUTION NO. 54-89 RESOLUTION SUPPORTING THE ENACTMENT OF SENATE BILL 1221 AMENDING THE CALIFORNIA BEVERAGE CONTAINER RECYCLING AND LITTER REDUCTION ACT TO INCREASE THE REDEMPTION VALUE OF CERTAIN BEVERAGE CONTAINERS T H E C I T Y C O U N C I L City of Morro Bay, California WHEREAS, Senator Gary Hart has introduced Senate Bill 1221 into the California State Legislature; and WHEREAS, SB 1221 would amend the California Beverage Container Recycling and Litter Reduction Act as follows: 1. Increase the minimum redemption value on all beverage container types covered by the Act to five cents for every two containers, effective October 1, 1989; 2. Declare that a beverage container with a capacity of 24 fluid ounces is equal to two beverage containers for purposes of the Act, effective October 1, 1989; 3. Increase to five cents the redemption value for all beverage container types which do not achieve a recycling level of at least 65%, effective December 31, 1989; and 4. Increase to five cents the redemption value for all beverage container types which do not achieve a recycling level of at least 80%, effective December 31, 1992. WHEREAS, the nine states with a redemption value of at least five cents on beverage containers have achieved recycling rates of greater than 80%; and WHEREAS, more than 50% of the beverage containers sold in California are not being recycled, and are instead littering beaches, parks, and roadways or are buried in landfills; and WHEREAS, higher redemption values on beverage containers in California will increase public participation in recycling and help achieve the 80% or greater recycling goal of the California Beverage Container Recycling and Litter Reduction Act; and WHEREAS, increased recycling of beverage containers will save energy and resources, reduce litter, divert material from landfills, and reduce solid waste disposal costs; and WHEREAS, the passage of Senate Bill 1221 would be of significant benefit to the people of the State of California. J .` 9 • NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay to hereby support the enactment of SB1221 and direct that a copy of this resolution be sent to Senators Gary Hart and Ken Maddy, Assemblyman Eric Seastrand, and all members of the Senate Natural Resources Committee. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held thereof on May 8, 1989 by the following vote: AYES: Baker, Lemons, Odell, Wuriu, Sheetz NOES: ._None ABSENT:- _None ABSTAIN: None ATTEST: ARDITH DAVIS, City Clerk RESOLUTION NO. 53-89 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, ANNOUNCING FINDINGS AND APPROVING AMENDMENTS TO THE HOUSING ELEMENT OF THE GENERAL PLAN T H E C I T Y C O U N C I L City of Morro Bay, California CASE NO. GP 02-89 WHEREAS, the Planning Commission of the City of Morro Bay, California, on the 1st day of May, 1989 held a duly noticed PUBLIC HEARING to consider various amendments to the Housing Element of the General Plan; and WHEREAS, after said PUBLIC HEARINGS the Planning Commission did approve the amendments; 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 given a Negative Declaration and no further documentation is deemed necessary; and WHEREAS, on the 8th day of May, 1989, the City Council of the City of Morro Bay, California, held a duly noticed PUBLIC HEARING to consider the amendments recommended by the Planning Commission; and WHEREAS, at said PUBLIC HEARING, after considering the staff report, and the arguments of all persons, wishing to testify, the City Council found the following facts and reasons to justify approval of the amendments to the Housing Element of the General Plan: 1. Since adoption of the Housing Element in 1985 and which was amended in 1986, changes to the land use pattern of the City or modification in land use and zoning regulations have occurred that affect the accuracy of data contained in the Housing Element with respect to the locations and available supply of vacant land to support future housing development; and 2. Recent detailed housing conditions surveys conducted within the City in accordance with state guidelines have shown existing information on the percentage of deteriorating housing to be too low and in need of correction; and City Council Resolution No. 53-89 Page Two 3. Amendments to the text and maps of the Housing Element as recommended by the attached Exhibit "A" as shown by underlining and line-outs, made a part hereof, are sufficient to correct these existing inconsistencies and make the data base of the Housing Element current and accurate; and 4. These amendments to the Housing Element are consistent with the requirements of state law with respect to the content of the Housing Element, and are internally consistent with all other elements of the General Plan and the Local Coastal Program of the City of Morro Bay. 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 amend the Housing Element as shown in Exhibit "A", as shown by underlining and line-outs. PASSED, APPROVED, AND ADOPTED, by the City Council of the City of Morro Bay, on the 8th day of May, 1989, by the following vote to wit: AYES: Baker, Lemons, Odell, 11uriu, Sheetz NOES: None ABSENT: None �i OAo7m -�tmn gym ATTA �A» • REVIEW DRAFT APRIL, 1989 Although it appears on first review of this data that Morro Bay does not suffer from low vacancy rates, a closer examination reveals certain segments of the housing mix which may be so impacted. Of the 1980 Census units reported vacant, the following reasons for vacancy were given: Table HE-17 Housing Vacancy For sale only 50 For rent 108 Held for occasional use 576 Other vacant 255 Total: 9B9 Source: U.S. Census The above data reveal that over half of the vacant units are actually "held for seasonal use". Excluding these "beach homes", the remaining 50 units that are truly available for sale consti- tute less than 1 1/2% of the total non -seasonal housing stock. Thus, the city does appear to have a shortage of units for sale; the vacancy rate is a little below the desirable level of at least 2% for sale units. The predominance of seasonal rentals and second homes was al"so reflected in the 1976 Special Census, when it was reported that over 1,000 dwelling units were not permanently occupied (21% of the housing stock at that time). The 1980 Census did not include detailed data about housing conditions in Morro Bay; however a Housin _ Conditions Survey awl-s"rYey- was conducted in Spring, 1�388 evem erT- bT by the People's Self -Help Housing Corporation to establish the need for a rehabilitation program. These data are discussed in Section 1.4b below. A-�9�3-fleas€tag-@ea}¢€y-Sr�e+ey-lied-#Aes€€€#ed a-€e#e€-e€-7-de€eg•ide€ed-aHd-34-de€e�3e�a€€ag-as€€s-€r�-P9ee�e-Bayr >jn€-€liese--da€a-ane--eens#deeed-ne�ee€#ab€e--a€-€l�€s--pe}a€- The study included driving every_.block in the Cit and evaluat3n -y every residential` unit. A rehabilitation specialist— a 13scence ----'' roofs. and proenes were ooservea in mania a ranalrC Tli R11rVP-V wag conducted using the mostcurrenl bu —y nes. The age of the housing stock is a relatively poor indicator of housing quality, but there is some correlation between age and declining structures. The 1980 Census reported the following data on the age of the city's current housing stock: VII-22 • • REVIEW DRAFT APRIL, 1989 should be ample to accommodate the projected 65 new households each year, together with some additional units to account for replacement and vacancy factors. If 70 units per year are constructed, this would amount to a total of almost 400 units between Jan. 1, 1983 and July 1, 1989 (compared to HCD's projection of 536 units needed). b. Rehabilitation Needs Survey: The housing stock of Morro Bay has beenc�aracterized above. In Spring 1988 Nevemlyerr-}984 the People's Self -Help Housing Corporation conducted a survey of the city's housing stock. This non-profit group is now implementing rehabilitation projects in several other communities in SLO County. Table HE-20 below shows the results of the rehabilitation needs/housing condition survey. Table HE-20 Morro Bay Housing Condition Survey_ 6eneas Total 0eeep}ed Dilapi- Deteri- Deter'd. ERaferat}eH Housing Heas}ng dated crated as % of Dietr-iet" Units UR}ts Units Units Total ED-46T---------- 429------- 444--------- 0---------- }3-------- 3-0% £D-46U----------509------- 363--------- 2---------- 33-------- 6-3 ED=77T---------- 360------- 389--------- }-----------28-------- 7-8 BD-44U---------- 554------- 424--------- q---------- 33-------- 5-9 ED-44V---------- 499------- 496--------- }----------}3--------3-8 --Traet-}05---- 3395------}809--------- 6---------- }9--------5-3% {Rertkern-Merre-Bay} ED-78----------- 638------- 563--------- 0---------- }3-------- 3-0% BD-79T---------- 575-------44}--------- 0---------- 35-------- 4-3 ED-79U---------- 590------- 466--------- }-----------9--------}-5 ED-89T---------- 597------- 988--------- 0----------- 3-------- 0-6 ED-80U---------- 546------- 506--------- 0---------- 33-------- 5-8 --Traet-}06---- 3856------8364---------}---------- 89-------- a-9% fseathern-Merre-Bay3 -------- }8--------- 0----------33--------5-8% CITYWIDE 5180 4}9} 7 26 .5� % 30} 994 3-9 19.2% See Figure HE-3 -----�}3e-al3eve--data-revea}--that-ever-390-heal}ng-aR}ts-are-}a-a eeRd}t}eA--deter}bed--as---deter}erated-r--}-e---a*k#b}t}Rg--saeh eatward-s}gRs-as-Reed-€er-Rew-pa}atr-ree€-€esar€ae}Rgr-pew-w}pdew g}assr-Rew--deers-er--sereepsr-er-etHer-rega}rs---THese-aR}ts-are bas}ea}}y-seand--straetara}}yr-Heweverr--as-eggesed--te-the-sevep d}}ep}dated-aR}ts-where-straetara}-de€}e}epe}es-were-Reted- VII-27 REVIEW DRAFT APRIL, 1989 -----Tke-deter�eeated--nn}ts-aee--sgeead-uneven}y--tkreaghen€-tke e}ty----Tkey-aggeae--te-ke-yes€-eeneenteated-}a-the-neethern-gee€ e€-the--a}tyr-Bart}en}ar}y--£an�erat}ex-B}str}et-��T-wkere-a}west 8�-a€-tke-kemes-aggear-te-ke-detee}seat}agr--Tk}s-area-}}es-aertk e€-£}ena--Streetr-east--a€-�a}n--Streetr-aid--geneea}}Y-sentk--e€ Seine}a--Streets-----The --- seven--d}}ag}dated--- nn}te--are---a}se eeneeeteated-}H-tke-neethern-Bart-e€-the-eityr -----Tke-e*tent--e€-deter}erated-nn}ts-}n-the-e}ty-has-aggaree en }nereased-€eem--}9�§r-when--a-s}�}}ae--snevey-eendneted--ky__ �enaed-Assee}ates--revea}ed-that-ea}y-34-nk}ts-were-deter}erat3ng and-enether--}b�-an}ts--were--dee}}n}ng-'--f}re--skew}ng--s}gns-e€ neg}eet-snek--as--e�eess}ve--}}ttee--ee--3nA#r--gea€€}t}r--keeken €eneesr-ete-}r---8}€€erenees--}n-metkede}egy--l3etweex-tke-sneveys Bey-aeeennt-€er-tke-d#€€event-resa}tsr-keweveer In any event, it would appear that a rehabilitation program is warranted in Morro Bay. This rehabilitation program would assist owners in bringing these deteriorated units up to a reasonable standard of repair, concentrating on structural prob- lems that present health and safety problems. The design and implementation of such a rehabilitation program is described in Sections 3 and 4 below. As for the identified dilapidated units, the structural condition of the units may be so poor that rehabilitation is not financially feasible. For these units, a combined incentive and disincentive approach maybe appropriate: The City may wish to explore a relatively new program that is provided in the State Revenue and Taxation Code Section 17274 to issue notice to the owners of such structurally deficient properties that could even- tually lead to denial of State income tax deductions to the owners of such property for interest, taxes, and depreciation expenses for the property. This program would be particularly effective if combined with an overall rehabilitation program that offered financial assistance to the owners to replace the units (if. necessary). VII-28 • • REVIEW DRAFT APRIL, 1989 a. Analysis of Land Use Plan and Zoning Map: The City's ezisTing-Land— Use Elementand zoning maps were analyzed with respect to the general pattern and density of residential development. The Land Use Plan map is shown in Figures LU.1, LU.2, LU.3, and LU-4. Residential densities are expressed in five four categories that follow conventional density ranges, as seen in the legend; the maximum density in the Land Use map is 27 units per acre (equivalent to R-4 zoning). These ranges are quite typical of most communities in the Central Coast and are neither more restrictive nor more lenient than other similar areas. Zoning districts in the City's zoning ordinance are governed by the following minimum building site and corresponding density regulations: Table HE-22 Zoning District Densities Zoning Category Minimum Lot Area/Unit Resulting Density CRR Coastal Resource Res. 20,000 s.f. 2 d.u. ac R=A Suburban Res. 20-0-00 s.f. 2 d.u. ac. R-1 Single -Family 6,200 s.f.' 7 d.u./ac. R-2 Duplex Residential 2,900 s.f. 15 d.u./ac. R-3 Multiple -Family 2,175 s.f. 20 d.u./ac. R-4 Multiple -Family 1,600 s.f. 27 d.u./ac. "Note: The zoning ordinance provides for smaller lot sizes and higher resulting density in certain areas of the city where long-established lot sizes indicate a prevailing pattern. As with the land use plan densities, these zoning ordinance den- sities are typical of, and in some respects more lenient than, other communities in the regional housing market. The multiple family categories (R-2 through R-4) are actually higher than corresponding density ranges for districts with the same names in many other cities. In fact, the "maximum" densities are frequently not reached by new development due to site constraints or marketing decisions of the developer. Quite often, property is developed at densities that do not generate the full number of units permitted under the ordinance. This failure to achieve full -density development occurs in all zones, but is particularly prevalent at higher densities. b. Projection of Single-Fily_Bui._ld-out: This section will analyie whetliei or not -there is suff'icien subdivided R-1 land to accommodate projected development of single-family units for the next five years. The annual rate of single-family construction VII-32 REVIEW DRAFT APRIL, 1989 in those years will probably be fewer than 50 units/year, assuming that Measure F will limit overall housing development to 70 units per year and that multiple -family units will comprise some share of the total. Table 2.1a shows a very uneven pattern of single-family residential development over the recent past: For the non -moratorium years, the rate of single-family construc- tion has varied by almost 100`b (between 49 and 96 units per year). Vacant land suitable for single-family dwellings includes those lots that are zoned R-1 and classified primarily as low - medium density (in one instance, medium density). A 1982 inventory of existing land use in the city revealed that there are approximately 690 vacant lots suitable for single-family units within the R-1 zone. Reducing this b_98-y 250 units, the approximate number construct�b�ween 1983 and 1, resu T in 2 �a0 rcels available. rhus, even a e maximum rate of70 units per year —for construction of all residential units --a rate that assumes no development of multiple family units --there is sufficient vacant land for R-1 single-family construction during the planning period of this Housing Element. C. Projection of Subdivision and MultLple_Family Activity: This sec ion is concerne wi vacan residen it aI—landt a is suitable for subdivision of additional single-family residential lots, or for construction of multiple -family units. Vacant land zoned for any residential category was inventoried, and each potential development site was assigned to one of three cate- gories: Approved Projects, Proposed Projects, and Future Devel- opment. All properties within this inventory met the following criteria: - Size over one acre, either individually or collectively with contiguous vacant lots; Flat to moderately sloping over at least a portion of the site; and Not already occupied at present. A total of six eight sites are included in the inventory, shown in Figure HE=7. 9r�e-s}te-}s-a-reeen€}y-aggreed--gre3ee€-aew-}A the-eeAstrae€€en--greeess-f6e}deg--Tee-u€}}as}-w€th-a-teta}-e€-�2 de€ts-at--R-2-dens3t}es----Twe--s€tes-{Fisher}-are-the-subjeet-e€ deve}ep-rne�tt-gre�eets--that-have--ehta€eed-d#seret€exary--germ€ts at�d-are--new-awa#t}rig--water-eta}va}eAe#es--er-ha€}dtag--ger�x€tsr a}theagh-}t-}s-»et-e}ear-whether-these-twe-gre�eets-wea}d-be-ah}e te-�aa}t€y--€er-saeh--germs€ts-w€thin--the-€}tee-year-t}x�e-€rarxe-e€ th}s-13}aeT-er-at-axy-t}one-heyeRd-th€s-per€ed---0»e-}arge-site-asd €ear-sma}}er--sites-fthe-=€stare--grejeets�-have-xet-l�eeR-sal33eet te-data€}ed--rea+}ew-e€--s€te-deve}eprsext--pre$esa}s--as--e€--this writing- VII-33 • • REVIEW DRAFT APRIL, 1989 Table HE-23 Vacant Residential Land Inventory, 1989 +984 Site it Name/APN's Size_ Zone Dist. Max.Dens. Max.Units APPROVED-PR03£STS -----+----6e+d-T-u#++a--+0-4-ae--- R-3fPB-------- NfA--------- 42 PROPOSED-PRO3SOT8 ----- 3---- P+aeyfF+sher--- 8-+-ae--- R-2----------- Ki A --------- 98 ----- 3 ---- Hwy-4+fF€Sher+6-5-ae--- R-4fPB-------- NJA--------- 60 FUTURE PROJECTS 1_ Bay -shore Villa 7 ac R-2JPD 48 2. 4-VRMCloisters 54.8 ac R-+fPBCRR N74A2 ac 300+120 3. 5 Texaco 10 R-2 20/ac 200 4. 6 See Note #1 5 R-2 15/ac 75 5. 7 See Note #2 8.8 R-1 7/ac 60 6. 8 See Note #3 4.5 R-4/PD 15/ac 65 TOTALS Avei-age-Bens+€y------- 8fae 468 907� units Note #1: APN's 68-24-3, 24, 29, and 30. Note #2: APN's 68-23-8, 11, 15, 16, 18, 19, 20, 21, 23, 24, and 41. Note #3: APN's 68-32-2, 3, 4, 5, 6, 7, 9, 10, 12, 13, and 14. As seen in Table HE-23, the inventory of vacant land presently includes sufficient land for over 460 909 residential units. P4es€-a€--tkese-ee+t+d-be-eens€ode€ed-eH-s}€es-a€-gee�ee#s-€Ha€-eee al -ready --- aggeeved-{92�-ee-geegesed-{4393- It appears that there is suffi-cient vacant land overall, and within each category of density, to accommodate future residential construction at any conceivable rate of development. Not all of the sites inventoried in Table 2.2b and Figure 8 are considered suitable for development within the five-year time. Sufficient land is properly zoned, however, to accommodate at least 460 600+ units available in various sites with appropriate zoning for future residential development --in addition.to existing subdivided lots for residential units. VII-37 cif _Z u z W Z Q N J W C` 0 J .6 C C cv U • • LEGEND 1 Land Use Map 7C `, RESIDENTIAL d.u. /ac. LOW DENSITY 0 - . LOW/MEDIUM DENSITY 4 - 7 ":'•:: ':` I C"p `� MEDIUM DENSITY7 . 15 +•....` �CL��T ' / � HIGH DENSITY IS - 27 yc. COMMERCIAL 1= NEIGHBORHOOD �'�,}f.,.,✓/ DISTRICT +' • �Tt '+>" .SERVICE r 4 . ,i },..•.y? .� \ MW VISITOR SERVING,, iE"� C •�dr. �COM./REC. FISHING - , ;tyt!'r�•'`f' � INDUSTRIAL I y0r�xi'��I � - ®GENERCL (LIGHT) .. [ rj;�L•':.r ei 2M COASTAL DEPENDENT z ' N OTHER i�^ ( i ® HARBOR/NAVIGATIONAL' Ays Y - . i`�,;t q,\\{1�'`\ 1L:}C'„`, ri Ka URBAN RESERVE - . GOP ;. ^:F,ICU. V,,,YI. b �OPEN SPACE/RECREATION (� n ! =_`.ii:::i':;C•i. .��;�1' �J>1` iv L= MIXED USES,. IHARBORI 'n..n: •si ..: } _ .; -..� 5 f• MIXED USES /l:u`5w'c`o�t:�✓x / usavSr[:r� 2 W,N .ns[sssu:) ,q� -t•�. fi`:. ly TERIM/OPEIJ SPACE ;, .•�::•. ••`{\U fd i+ OVER rAYS (^-':� �..) 5 SCHOOL :- 1 PD! 0 DEVELOPMENT P/I PUBLIC/INSITUTIONAL ESTRICTED P PARK top dos' a �3 AGRICULTURE +�Pn MU ENVIRONMENTALLY W dw I-r_ 4ri., ,•l SENSITIVE HA9'TAT I�. v +�;.�`rY'{�KlysyT..r.�{j✓y �,�CCtt.y�p1'L �� �-)�.•fi�> r-f�N�� Fe+'�l'lA^ MORRO BAY San Luis Obispo Co., Cclifornlo \„ V `,w , ~ x` .� - -.cP Lu:O USE PLAN figure 7 pace NORTH mg �•tii _`� L. 1\ �:a'�.,c:'',•:yG• .• ram.... \�/' ,lw faja `J \ LEGEND �! CCP• Coastal Resource Residential IU GC Golf Course Naricu1ture PD Planned Development .1 ESH Environmental Sensitive Habitat )% SCH School 20kiNC v- D km -I 'f:: 3I^ AREA •2 ...... .. _. _._,.._. ._. �_._....._...,,�.�+-a,R.Tc-c.,-....,.,..., R E S OLUT = ON MC)- 5 2— 8 9 RESOLUTION COMMENDING KATHLYN DAVIS, GRADUATE OF CUESTA COLLEGE AT AGE 75 T H E C I T Y C O U N C I L City of Morro Bay, California WHEREAS, Kathlyn Davis was born January.31, 1914; and WHEREAS, Ms. Davis is the mother of 5, grandmother of 14 and great-grandmother of 8; and WHEREAS, as a child Ms. Davis was only allowed to attain a sixth grade education; and WHEREAS, Ms. Davis will, on June 1, 1989, achieve her life- long dream to graduate from college. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Morro Bay does hereby extend its congratulations and best wishes to Kathlyn Davis on her graduation from Cuesta College at the honorable age of 75 years; and BE IT FURTHER RESOLVED that Ms. Davis' accomplishment serve as an symbol to our City's seniors to persist in making their dreams a reality, no matter what their age. PASSED AND ADOPTED by the Morro Bay City Council at a regular meeting thereof held on the 8th day of May 1989 on the following vote: AYES: Baker, Lemons, Odell, Wuriu, Sheetz' NOES: None ABSENT: None ,ROSE MARIE SREETZ, May ATTEST: I ARDITH DAVIS, City Clerk 0 RESOLUTION NO. S1-89 AWARDING BID NO. PW BB-09 PURCHASE OF NEW FLAT-BED DUMP TRUCK T H E C I T Y C O U N C I L City of Morro Bay, California WHEREAS, the City of Morro Bay wishes to purchase one new 2- 1/2 ton flat-bed dump truck to replace the oldest of its existing vehicles; and WHEREAS, sufficient funds for said purchase have been allocated in the Department of Public Works Street Maintenance Budget for FY 1988/69; and WHEREAS, bids for said truck were received and publicly opened pursuant to Morro Bay Municipal Code Section 3.OB at 2:00 p.m. on Monday, May 1, 1999; and WHEREAS, Palla Equipment Inc. of Paso Robles, CA has been determined to be the lowest responsive and responsible bidder at S26,SS3.96; and WHEREAS, the City's existing 1970 2-1/2 ton flat-bed dump truck, Serial No. D61FKO.I106137, License No. ESS322S, Equipment No. 0022, is deemed to be surplus City property to take advantage of its trade-in value as applied to the purchase price of the new truck. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay to award Bid No. PW 88-09 for one new 2-1/2 ton flat-bed dump truck to Palla Equipment Inc. of Paso Robles, CA in the amount of S26,SS3.96 and to declare as surplus City property the 1970 flat-bed dump truck described above. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof held on the 8th day of May, 1989 by the following vote: AYES: Baker, Lemons, Odell, Wuriu, Sheetz' NOES: ' None ABSENT: None ABSTAIN None ROSE MARIE SHEETZ, M or ATTEST: c AR ITH ❑AVIS, City Clerk 0 RESOLUTION NO. 50-89 RESOLUTION AWARDING BID NOS. PW89-111A AND PW89-IIIB FOR TWO NEW SMALL TRANSIT VEHICLES FOR DIAL -A -RIDE THE CITY COUNCIL City of Morro Bay, California WHEREAS, the City of Morro Bay has been awarded two capital grants to replace two small transit vehicles, including the purchase of a spare parts package, for Morro Bay Dial -A -Ride pursuant to Section 18 of the Urban Mass Transportation Act (UMTA) of 1964 in an amount not to exceed $75,341; and WHEREAS, the City's Transit Budget for FY 1988/89 has $18,455 to fund the local share of the aforesaid grants; and WHEREAS, pursuant to UMTA Project Agreement Nos. 64E616 and 64G484, the City has agreed that the aforesaid vehicles will be used to provide public transportation service to a non -urbanized area of the State of California; and WHEREAS, bids were solicited for two new small transit vehicles and a spare parts package pursuant to the aforesaid UMTA Project Agreements and Chapter 3.08 of the Morro Bay Municipal Code; and WHEREAS, two responses were received and publicly opened at 2:00 p.m., April 21, 1989; and WHEREAS, said bids have been reviewed and Wide -One Corporation of Anaheim, California has been determined to be the lowest responsible and responsive bidder at $93,586.78. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay to award Bid Nos. PW89-111A and PW89-111B for two new small transit vehicles for Morro Bay Dial -A -Ride, including a spare parts package, to Wide -One Corporation of Anaheim, California in the amount of $93,586.78. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held thereof on the 8th day of May, 1989 by the following vote: AYES: Baker, Lemons, Odell, Wuriu, Sheetz NOES: None ABSENT: None ABSTAIN: ATTEST: "MMARIE�18AHEETZ,yor ARDITH DAVIS, City Clerk RESOLUTION NO. 49-89 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY DECLARING BICYCLES TO BE PLACED ON A SURPLUS LIST AND DONATED TO ANOTHER GOVERNMENTAL AGENCY 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 certain bicycles that have been on a Police Department "Found Property" list for more than 90 days with no possibility of locating the owners(s); and WHEREAS, the San Luis Obispo County Sheriff's Department has a program in which inmates repair and restore bicycles to "like new" condition for needy families aT Christmastime; and WHEREAS, the requests for bicycles are greater then the supply; and WHEREAS, in lieu of a public auction, authorization is being requested to release the property to another governmental agency. NOW, THEREFORE, BE IT RESOLVED, that the City of Morro Bey does declare as surplus any bicycles which have remained unclaimed for more than 90 days with no possibility of locating the owner(s), and authorizes them to be donated to a worthy cause - the San Luis Obispo County Sheriff's Department program of repairing and restoring bicycles for needy families at Christmastime. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held thereof on the Sth day of May, 1989, by the following roll call vote: YES: Baker, Lemons, Odell, Wuriu, Sheetz' NOES: None ABSENT: None ATTEST: � ARDfIrH DAVIS, CITY CLERK ROSE MARIE HEET2, MAYOR r� RESOLUTION NO. 48-89 RESOLUTION TO AWARD BID N❑. PW BB-OB F❑R WEED ABATEMENT SERVICES T❑ JACK R. BRIDWELL OF ATASCADER❑, CA. T H E C I T Y C❑ U N C I L City of Morro Bay, California WHEREAS, the City ❑f Morro Bay had publicly advertised and opened bids on April 25, 19B9, for said services; and WHEREAS, the City Administrator recommends the award to Jack R. Bridwell of Atascadero as the lowest responsive and responsible bidder; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay that Jack R. Bridwell, ❑f Atascadero be hereby awarded the contract for weed abatement tractor mowing in the amount of S4.99 per hour per foot width ❑f cut. PASSED AND ADOPTED by the City Council of the City ❑f Morro Bay at a regular meeting thereof held the Bth day of May, 1989, by the following roll call vote: AYES: Baker, Lemons, Odell, Wuriu, Sheetz NOES: None ABSENT: None ROSE MARIE SHEET2, Mayor ATTEST: A DITH DR6I5, City Clerk / qFl? RESOLUTION NO. 47-89 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, CALIFORNIA, APPROVING AN APPLICATION FOR FUNDING FROM THE GENERAL ALLOCATION OF THE STATE CDBG PROGRAM BE IT RESOLVED by the City Council of the City of Morro Bay, California, as follows: SECTION 1. The City Council has reviewed and hereby approves an application for: Housing Rehabilitation Program - $464,000 General Administration - $36,000 SECTION 2. In support of this program, the City will contribute, contingent upon the awarding of funds by the State for this application, a cash match of $5,000; a waiver of up to $5,000 for building per- mit fees for jobs completed under the program; and an in -kind contribution of $3,500 in staff time for planning, inspection, accounting and other activity related to the project. SECTION 3. The City Council has reviewed the citizen participation plan for compliance with federal statute and has determined that this plan was followed for the development of this application. SECTION 4. The City Administrator is hereby authorized and directed to act on the City's, behalf in all matters pertaining to this applica- tion. PASSED AND ADOPTED, by the City.Council of the City of Morro Bay at a regular meeting held thereof on the 24th day of April, 1989, by the following vote: AYES: Baker, Lemons, Wuriu, Sheetz NOES: None ABSENT: None ABSTAIN: Odell ATTEST: _ ARDI DAVIS, City Clerk CITY OF MORRO BAY 1989 COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM PUBLIC PARTICIPATION PLAN It is the intent of the City of Morro Bay to provide residents the opportunity to participate in the development of the City's 1989 Community Development Block Grant Program. The City particularly encourages the participation of low and moderate income persons who are residents of areas in which CDBG funds are proposed to be used. To facilitate public participation, there will be a minimum of one public meeting and one public hearing prior to the submission of any application. Through public notices, written comment will be encouraged. In addition there will be a public information file available for citizen inspection at City Hall. 1. Citizen Participation File: The file will include all public notices, written comments and responses, and copies of State regulations pertinent to the application. If the program is funded, performance reports will also be included in the file. The location of this file will be included in all public notices. Assistance to Representative Groups; the City or its designated representative will provide upon request techni- cal assistance regarding development of proposals to groups representing low and moderate income persons. Such assistance will consist of providing information about the amount of funds available, eligible activities, competitive rating factors, and time frames for applications to the extent that the information is available to City staff. 3. written Comment: Public comment, including written comment will be encouraged. All written comments will be responded to in writing and copies of this correspondence will be kept in the Public Participation File. Public Meetings and Hearings: a. Public Notice: All public meetings and hearings held as part of the 1989 CDBG program will be advertised, at a minimum, in the legal section of the local newspaper, the Sun -Bulletin. b. Public Meetings: At least one public meeting will be held during the program design and application preparation phase for the City's 1989 CDBG program. Persons or groups who have expressed interest in the program will be notified. The initial public meeting • will include the provision of information about CDBG funds available, national objectives, competitive rating factors and application time frames. A public meeting will be held by the City Council to consider any proposed amendments to the City's 1989 CDBG program which would constitute changes in policies, standards, or criteria, or reallocation of more than 10 percent of the total program budget. C. Public Hearings: At least one public hearing will be held by the City Council to approve and authorize submittal to the State of California the completed 1989 CDBG application. A public hearing will be held each by the City Council to consider the annual grantee performance report as required by Section 7110 of Title 25 of the California Government Code. 2 0 • RESOLUTION No. `16-69 A RESOLUTION ACCEPTING THE OFFER OF DEDICATION TO THE KENNEDY WAY RIGHT -OF -WRY AS MADE ON MB 87-1'f2 T H E C I T Y C O U N C I L City of Morro Bay, California OF AN ADDITION PARCEL MAP Whereas, the purpose for the Parcel Map MB 87-142 of the lot line adjustment of the City Hall, Community Library and Community Center properties was to delineate the addition to the Kennedy Way Right -of -Way; and Whereas, an offer of dedication for an addition to the Kennedy Way Right -of -Way has been made on Parcel Map MB 87-1112. NOW, THEREFORE, BE IT RESOLVED by the City Council of Morro Bay, California does accept on behalf of the public the offer of dedication for an addition the the Right -of -Way of Kennedy Way made on Parcel Map MB 87-1'f2. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held thereof on the 24th day of April, 1989, by the following vote: AYES: Baker, Lemons, Odell, Wuriu, Sheetz NOES: None ABSENT: None ATTEST: L—� AROITH DAVIS, CITY CLERK 0 Resolution No. 45-89 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 WHEREAS, the Public Employees' Retirement Law permits the participation of public agencies and their employees in the Public Employees' Retirement System by the execution of a contract, and sets forth the procedure by which said public agencies may elect to subject themselves and their employees to amendments to said Law; and WHEREAS, one of the steps in the procedure to amend this contract is the 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 28 @ 50 Full formula (from 1/2 @ 55 Full formula) and Section 20862.8 (Credit for Unused Sick Leave) for local safety members; Section 21382.4 (Third Level of 1959 Survivor Benefits) for local fire members; and Sections 21380-21387 (1959 Survivor Benefits) including Section 21382.4 (Third Level of 1959 Survivor Benefits) for local police 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 hereof. ATTEST: TRDITH DAVIS, City Clerk Anril 24, 1989 (Date adopted and approved) (TITLE) Ret. Form 122 C0302 CITY COUNCIL RESOLUTION NO. 44-89 A RESOLUTION AMENDING THE OPERATING PROCEDURES FOR ADMINISTRATION OF THE ANNUAL WATER ALLOCATION PROGRAM T H E C I T Y C O U N C I L City of Morro Bay, California WHEREAS, Section 13.20.040 of the Municipal Code requires the Planning Commission to review the operating procedures developed by the planning director and make recommendations on the same to the City Council; and WHEREAS, on March 6, 1989, the Planning Commission recommended that the operating procedures administered by the Planning Director be amended to provide that all single family units with a water meter which serves the property and which have historical use of water shall be considered to have one full equivalency, and if demolished shall not be required to obtain additional water equivalencies, and further requested this determination be forwarded to the City Council; and WHEREAS, on April 10 and April 24, 1989, the conducted duly noticed PUBLIC HEARINGS to consider the recommendations of the Planning Commission in this matter, and comments of all interested persons wishing to testify; and WHEREAS, at said PUBLIC HEARINGS, after considering the staff report and the arguments of all persons, if any, wishing to testify, the Council did find the following facts and reasons to justify its action in this matter: 1. Many new replacement residences, even though larger in size than the original residence use only limited water because they are vacation homes and are used only occasionally; and 2. Older smaller homes often included larger garden and landscaped areas and therefore had relatively greater water use than contemporary homes; and 3. Award of a full equivalency to residential units when they are demolished encourages construction of newer replacement homes, and is beneficial to the community. 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 A . 1` City Council Resolution No. 44-89 Page Two 2. That the City Council does hereby amend the 1989 Water Operating Procedures by adding a second paragraph to section VIII to read: "Not -withstanding these provisions, all existing single family units, regardless of size, with a water meter which serves the property and which have historical use of water shall be considered to have one full equivalency, and if demolished shall not be required to obtain additional water equivalencies." PASSED, APPROVED, AND ADOPTED, by the City Council of the City of Morro Bay, at a regular meeting held thereof on the 24th day of April, 1989, by the following roll call vote: AYES: Baker, Lemons, Odell, Wuriu, Sheetz NOES: None ABSENT: None ay ATTEST: 9 CITY COUNCIL RESOLUTION NO. 43-89 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, ANNOUNCING FINDINGS AND APPROVING AMENDMENTS TO THE GENERAL PLAN AND LOCAL COASTAL PROGRAM LAND USE PLAN ESTABLISHING THE NORTH MAIN STREET SPECIFIC PLAN T H E C I T Y C O U N C I L City of Morro Bay, California WHEREAS, the Planning Commission conducted neighborhood workshops on November 18, 1985, February 19, and March 26, 1967, and received broad based public input for the conceptualization and refinement of the goals and objectives of the North Main Street Specific Plan; and WHEREAS, the Planning Commission conducted public hearings to review the Draft North Main Street Specific Plan on February 3, 1986, January 28, May 31, August 1, August 15, 1988, and February 21, 1989; and WHEREAS, the Environmental Coordinator has determined that the subject plan will not result in a significant adverse impact on the environment, and therefore qualifies for the filing of a Negative Declaration for the purposes of the California Environmental Quality Act, (CEQA), and further the Planning Commission does recommend approval of this determination; and WHEREAS, the City Council has received review comments from the Street Advisory Committee, the Recreation and Parks Commission, the Planning Commission, the California State Department of Transportation, and, the State Department of Fish and Game; and WHEREAS, the City Council of the City of Morro Bay, California, held duly noticed PUBLIC HEARINGS on September 12, September 26, October 10, October 24, November 14, 1988, January 9, and April 24, 1989, to consider City initiated amendments to the Local Coastal Program, General Plan, Zoning Ordinance to establish the North Main Street Specific Plan. Said Specific Plan includes those properties between Radcliffe Street and Zanzibar along North Main Street; WHEREAS, during all PUBLIC HEARINGS after considering the staff report and comments of all persons who contributed, the Planning Commission directed modifications to the Draft North Main Street Specific Plan in response to these comments, and further the Planning Commission did find the following facts and reasons to justify their action in this matter: 1. Scenic views from this neighborhood contribute to a feeling of identity, character, and value to the community and should be protected. City Council Resolution No. 43-89 Page 2 2. Coastal access has been greatly hindered by the north -south State Highway One route through this neighborhood and would be remedied by the construction of a pedestrian highway overcrossing. 3. Bicycle transportation offers a desirable alternative to automobile use and should be encouraged by the implementation of safe and practical bike ways. 4. Existing mixed use development patterns are a positive land use function worth maintaining and protecting by development and performance standards. 5. Major intersections in the plan area are entry corridors to the City and should be enhanced and maintained to establish a sense of community pride and identity. 6. That the orderly growth and physical development of the community would be better served by the contemplated specific plan. 7. That the contemplated specific plan is consistent with the .applicable policies of the Coastal Land Use Plan, and General Plan. 8. That the contemplated specific plan is compatible with the use and enjoyment of adjacent properties. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Morro Bay, California, as follows: 1. That the above recitations are true and correct and constitute the findings of the City Council in this matter; and, 2. That the City Council does hereby amend the General Plan by adding the North Main Street Specific Plan as shown on Exhibit "A" attached hereto and made a part hereof and also does hereby amend the Land Use Plan of the Local Coastal Program by deleting that language "lined out" on Exhibit "B" and adding that language "underlined" on Exhibit "B". Said deletions and additions, only, are incorporated herein by reference; and 3. The City of Morro Bay hereby finds that the Local Coastal Land Use Plan amendments are in compliance with the intent, objectives, and policies of the California Coastal Act and that the City will carry out the Local Coastal Program, including these amendments in a manner fully consistent with the California Coastal Act and all its provisions; and 4. This resolution adopting amendments to the Local Coastal Program Land Use Plan shall be transmitted promptly to the California Coastal Commission with the request that the Commission certify the amendments; and 0 City Council Resolution No. 43-89 Page 3 5. This resolution shall take effect immediately and automatically upon said certification. PASSED, APPROVED, AND ADOPTED, by the City Council of the City of Morro Bay, California, at a regular meeting held thereof, on the Bth day of May, 1989, by the following vote to wit: AYES: Baker, Lemons, Odell, Wuriu, Sheetz NOES: None ABSENT: None ATTEST: %�l�M- .INW41 •� �.r SEXHIBIT "A" NORTH MAIN STREET SPECIFIC PLAN MAY 1989- CITY OF MORRO BAY ENT DEPT. COMMUNITY DEVELOPM TABLE OF CONTENTS Page 1.... SUMMARY OF PLAN PROPOSALS 2......... Legislative Summary 4.... DESCRIPTION OF PLAN AREA 5......... Specific Plan Sub -Areas 7......... History of Plan Area 8.... DEFINITION AND PURPOSE OF SPECIFIC PLAN Specific Plan 9......... Objectives of the North Main Street Sp 10......... Relationship to the General Plan and Local Coastal Program 10......... Community Planning Process and Accessibility 11......... Vision Statement: Appearance 12......... Future Vision 13.... SPECIFIC PLAN IMPROVEMENT PROPOSALS 14......... Commercial Uses: Discussion of Issues 15......... COMMERCIAL PROPOSALS 16......... Residential Uses: Discussion of Issues 17......... RESIDENTIAL PROPOSALS 47......... Capital Improvements for Circulation: Discussion of Issues 29......... CIRCULATION PROPOSALS Discussion 37......... Capital Improvements for Landscaping: of Issues 38......... LANDSCAPE PROPOSALS 43......... Capital Improvements for Public Facilities: Discussion of Issues 45......... DRAINAGE PROPOSALS 48....LAND USE REGULATIONS: CHAPTER 17.71 NORTH MAIN STREET SPECIFIC PLAN APPENDIX 55... Comparison of Allowable Uses roveCommercial C Zones Circulation 58... Cost Breakdown of Capital Imp culation 60... Maintenance Impact Statement for Landscape improvements 66... Flood Plain Map NORTH MAN ST. Sr ECF= C PLAN CITY OF MORRO BAY MAY 1989 J SUMMARY OF PLAN PROPOSALS Stream Channel Planting at Noname 1. Creek: pP•37-38; p.38,el; p•60.e1. Drainage Improvement Project at 2. Yerba Buena and Main Street: p•43; i p.45,e1. Fig.20.s1, pg 46. Drainage Improvement Project- 3• Nassau Street at Main Street: p,43; p•45.01; Fig.20,03, p.46. Pedestrian Overcrossing: pp•11- 4. 12; p.29,011. Stream Channel Planting at Alva 5• Paul Creek: pp.37-38; p• 38,01: p.56; p.60.01. Drainage Improvement Project at 6. island and Main Street: pp.43-45; p.45,01; p.46,04. Island St Bridge widening: pp. 27- 7. 29; P•29.07; p.58,05. Class II Bicycle Route: pp. 27-29; 8. p.29,02; Fig.10631, pp•31-32; p.58.01. Drainage Improvement Project -San 9. Jacinto St.: pp.43-45; p•45,01; p.46,06. -Intersection Improvement -San 10. Jacinto St.: pp.27-29; D•29, 03,465; Fig.13, p.34; Fig.14. p.35; p.58.02.3.64; p.61,02. Class III Bike Route: pp.27-29; 11. P•29,02; Fig•30611, pD•31-32; p.58,01. Drainage Improvement Project: 12. Pico to Las Vegas St.: pp•43-45; p.45,03; p.46.07. Street Curve: pp•37-38; D•38,03; 13. Fig.16617, pp.39-40. Intersection Improvements -Hwy 41: 14. pp.27-29; p.29,08; Fig. 15, p. 36; p. 63, 05. Entry Corridor: Highway 41: pp.37- 1s. 38; p. 38, 02; Fig. 18. P. 41; Fig. 19, p• 42; p. 62. 04. Drainage lmprov. Project -Morro 16. Creek: pp.43-45; p.45.s3; p.46.09. On -/Off -Ramp Design Closure: 17. pp.27-29; p•29.01: Fig.9, p.30. Realignment of Radcliffe: pp•27- 18. 29; p.29,09. OMCR/R-4: Mixed Commercial -' Resident: p.96; pp.14-17; Fig. 5-8, pp•19-26. Entry Corridor: pD•37-38; p.38, E c2; Fig•14, P.35: Fig•18. P•41; p.62.04. NORTH MAIN ST. SPECM PLAN FIG. • LIST OF FIGURES �e Ff gore • . 1 1,,,,,,.summary of Plan Proposals....... ,., . ........ 2Vicinity Map....... ' ....... 6 6 Sub-Areas......................5 3....... Neighborhood 4Zoning Map Legend ..................... ....... 19 6 20 5A/5B... Zoning Proposals - Area A .................. 21 6 22 6A/6B...Zoning Proposals - Area B........ .......... 23 6 24 7A/7B... Zoning Proposals - Area C.................. 25 6 26 SA/BB... Zoning Proposals - Area D.................. 9....... on/Off AamD Closure ............... . . .........30 II Bikeway: Plan Via*.. 10.. .Class .32 11....... Bikeway Plan ............... San Jacinto Entry Corridor: ,,,,33 i 17....... Existing Conditions........ .............. San Jacinto Entry Corridor: 34 13....... ..... ........... Improvements ................. San Jacinto Entry Corridor: 14....... ............35 Plan View ................... 13....... Highway 41 and Mein Street: ..... 36 Plan view ............ ........... • 16....... Street Curve' Conditions and Plan View............39 Existing 17....... Street Curve: „ .40 i Landscaping Improvements .................. 1S....... Highway 41 Entry Corridor: .. ...41 i Plan View........................ 19....... Highway 41 Entry Corridor: " " " " •42 Landscaping Improvements....•••••••• 20Storm Drain Master Plan: ....... project Cost and Priority....................46 66 A1....... Flood Plain Map ••••••••• " " " " " • .......... NORTH MAIN ST. SPECIFIC PLAN CITY OF MORRO BAY MAY 1989 0 DESCRIPTION OF PLAN AREA The North Main Street Specific Plan area covers a two mile stretch of commercial and residential properties fronting on Main Street in North Morro Bay. (See figure 2.). The plan area is contiguous to Highway One and is within the coastal zone. Most of the area is flat, situated at the base of rolling hills. The area is characterized by commercial uses at the southern end catering to tourists and local services, transitioning to a mostly 'developed residential neighborhood to the north. Interspersed are several large vacant lots and many redevelopable lots. The boundaries of the plan area are shown on figure 3. and include a relatively narrow strip of Main Street properties. This area, however, is heavily impacted by statewide, regional, and city-wide influences. The allure of beautiful sandy beaches and woodlands at two state parks, the proximity to Highway One and Highway 41, both major gateways to north/south and east/west travelers, a thriving farmer's market, and affordable housing are influences taken into account when developing the plan. On a smaller scale, hillside drainage and heavily used collector streets create an intense demand on the City's infrastructure in a relatively small area. Although the plan area is confined to a residential strip within the City, it is general design themes and standards incorporated throughout the neighborhood continuity and.identity. narrow commercial anticipated that of the plan may giving a sense and the be of This area is a mix of single and multi —family residences, neighborhood and visitor serving commercial uses and vacant parcels. Lots are generally small, creating closely spaced intersections and traffic hazards. Yerba Buena intersects Highway One, providing access to the beach, but, is dangerous for pedestrians. At the north end, Main Street is again crossed by a creek and experiences seasonal flooding. The plan proposes decreasing the VS—C zoning and creating development standards to blend the businesses into the neighborhoods. FiCz 3 A major influence in this area is the intersection of •San Jacinto and Highway One. A busy commercial :district flanks either side of San Jacinto and then opens up to a residential !condominium project at the north end adjacent to a large vacant parcel, edged by a creek. A subsidized housing project on the vacant land is proposed. The site design promises to provide a demonstration of the design themes and shopping node concept offered by the plan. Proposals of the plan" encourage businesses geared towards serving city residents. A connection through the housing project to the park is proposed. Also, long range solutions to the problems of the intersection at San Jacinto are offered. N This area is characterized Iby underutilized visitor iserving commercial property near the intersection of Highway 41, with a mixture of commercial business extending north to the supermarket on the corner of Elena and Main Street. iWithin this neighborhood .are several large vacant 'lots with zones ranging 'from VS-C and medium .density residential to VS-C and neighborhood commercial with high density residential. Proposals for this area would increase the types of commercial uses that will be allowed. A reduced height limit, landscaping standards and continuous curb, gutter, and sidewalk are also suggested for new development throughout the plan area. This area is a mixture of residential, commercial, and light industrial uses. ;It includes the major east - :west gateway into the City, !Highway 41, and major on - /off -ramps from Highway One. This stretch of Main Street is the most heavily traveled roadway in the City. Morro Creek, a major drainage basin, experiences flooding at this point due to a backwater condition set up by a series of bridges and culverts. Proposals include increas- ing the types of commercial uses, consideration of a cooperative venture with PG&E to provide a north bound rest area, a landscaped entry corridor along Highway 41, and a mid -range solution to traffic problems at the intersection of 41 and Main History of Plan Area Originally, the neighborhoods of North Mo from large land grants by far-sighted bu the marketability of oceanfront property for beach bungalows were etched out on pasture lands. When the City incorporated most neighborhoods had been built up by fifties and had established a residential supported by the commercial district in south and west, near the harbor. rro Bay were subdivided sinessmen, cognizax%t of Small lots suitable wind swept dunes and in 1964, the northern - the affluence of the pattern of development, the "Old Town" to the At about the same time, the state highway department cut through the neighborhood to create a four -lane divided highway. The commercial potential of the area was recognized when the high density residential zone was allowing commercial development use along North Main Street. replaced by a mixed -use zone with residential as a secondary In the ensuing years, a series of zone change requests called attention to the incongruity between the designated zones and market realities. The small lots could not accommodate the necessary parking and setback requirements for a viable commercial center or high density apartments. As early as 1974, the need for a comprehensive overview of the area was identified. In 1985, staff was given official direction from the Planning Commission to formulate a specific plan. DEFINITION AND PURPOSE OF SPECIFIC PLAN The Specific Plan is a tool created by State law to help implement the General Plan and the Local Coastal Plan. The Specific Plan acts as a bridge between the policies of the General Plan and the regulations of the Zoning Ordinance. It is consistent with the LCP policies yet takes them one step further and refines them to apply to a certain area within the overall planning area. It is also consistent with the base zones established by the Zoning Ordinance. Certain regulations are added to the base zoning to ensure that continuity of design and amenities is maintained throughout the plan area. Thus the Specific Plan is a set of both policies and regulations that apply uniquely to the defined plan area. While it is difficult to categorize specific plans, most focus on one or more of five uses: economic development, environmental quality, land projects, mixed use, and neighborhood and community planning. The focus of the North Main Street Specific Plan is drawn from neighborhood and community planning and economic development. The purpose of the Specific Plan for this area is two —fold: 1. To protect and enhance the residential character of the neighborhood, and: 2. To provide the necessary range of options to support a healthy retail and service commercial business sector. The objectives to achieve these goals are: a. Allow for both residential development and an increase in the variety of commercial businesses through the application of a new zone called mixed commercial and residential, MCR. The MCR zone allows C-1-N, C-1, and C-2 uses, mixed commercial and residential, or exclusive residential use. Unless designated with the R-2, R-3, or R-4 suffix, the MCR district would allow R-1 residential development.; b. Reduce overall height limit with allowance for pitched rooflines; C. Require landscaped front, side, and rear yard setbacks for commercial developments; d. Control the effects of light, glare, odor, and noise from commercial businesses on neighboring residents; e. Provide street improvements to create a pleasant experience for the pedestrian and encourage neighborhood patronage of businesses. Relationship to the General Plan and Local Coastal Program The purpose statements of the Specific Plan refine the broadly stated land use policies for this area -recorded in the General Plan and Local Coastal Program. The Land Use Element of the General Plan identifies policies to accommodate the needs of pedestrians, maximize potential land use by doubling up commercial and residential uses regarding the "mixed use" designation, accommodate special needs of the elderly by clustering service and retail shops near available housing, and increase compatibility of the Main Street frontage development with the neighborhoods to the east. The LCP continues the theme of mixed use with the following policy statement: "a mixture of all uses as appropriate shall be encouraged. An evaluation of appropriate uses on a parcel -by -parcel basis will be conducted during the implementation phase." (LCP, Oct. 1982, page 28) The new MCR zone supports the mixed use concept of both the General Plan and Local Coastal Plan. The evaluation of appropriate uses on a parcel by parcel basis will be accomplished by the conditional use permit process. The Specific Plan translates these General Plan and LCP policy statements into zone changes and development standards for the plan area. The plan proposals are consistent with the General Plan and LCP policies, however, in refining these policies, some changes to the existing land use maps have been made. Therefore, adoption of the Specific Plan will involve amendments to the General Plan, the LCP, and the Zoning Ordinance. This would be accomplished by the following actions: 1. Create a Specific Plan Overlay land use designation and amend by resolution the Land Use Plan of the LCP and the General Plan to show the plan boundaries; 2. Adopt by ordinance Chapter 17.81, North Main Street Specific Plan; 3. Adopt by ordinance a Specific Plan Overlay zone and record on the zoning map. Community Planning Process The conclusions which support the Specific Plan policies and regulations were drawn from a series of informal study sessions. Each session targeted a portion of the plan area, encouraging local residents to express their ideas as to how best the area might develop over the next ten years. This information was taken by staff and translated into draft proposals. 49 Vision Statement The vision for North Main Street is to change it from undifferentiated strip commercial highway frontage to a welcoming, vital commercial district serving and complimenting the residential neighborhoods. Two key elements of this future vision are appearance and accessibility. Appearance North Morro Bay is a very visible section of the City, both in terms of being viewed by drivers on the highway and Main Street and also in terms of views of the entire Estero Bay enjoyed by the residents. Although a prominent feature of the City and very visible to travelers, the neighborhood is quite separate from the central core of town with its distinctive downtown and the Embarcadero. The neighborhood does not really offer any special character or a feeling of continuity, either along the length of the plan area or in relation to the rest of the City. This visual anonymity contributes to an unhealthy business climate, blighted appearance, and lack of pride in ownership. Vandalism, abandoned junk cars, and unmarketable property are often the result of such blight. The appearance of the neighborhood is thus a key element in the plan to revitalize the commercial businesses and support community pride. Accessibility A second element for a future vision of the neighborhood is accessibility. This key factor also has several aspects that describe it. Although very close to the Atascadero State Beach, accessibility to the beach is greatly hindered by the highway. The two places to cross the highway are a mile apart and only one has a signal. What normally might be a ten minute walk to the beach becomes a 45 minute hike for most residents. Main Street itself provides the only through street in the neighborhood, attracting people, bicycles, buses, and cars to it. It is a fast moving street, with a narrow southbound lane posing a hazard for bicyclists and long stretches without sidewalks or adequate drainage which makes walking difficult. A large percentage of people using Main Street on bicycle and on foot are students commuting to and from the high school. North Main Street not only offers a through route, but also has four points where motorists can get on and off the highway. These intersections and the interchange at Highway 41 coupled with densely populated neighborhoods make North Main Street one of the most heavily traveled streets in the City. Future Vision The vision of North Main Street would give it an inviting feeling. For the driver passing through, the street would provide visual relief from the fence and four lane highway and enhance views through to the ocean. Restricted on —street parking would make entering the street safer for residents. North Main Street would offer safe and easy transit for bicyclists, as bike lanes go both north and south, without the hazards posed by parked cars. Ten foot wide sidewalks with benches, litter cans, colorful planters, shade trees, and conveniently placed bus stops provide a pleasant and safe experience for shoppers and walkers. With the cooperation between private developers and City engineers, portions of Main Street gently curve to create landscaped oasis, providing visual relief from the highway and long uninterrupted commercial facades. Telephone, electric, and TV cables would be put underground at these points, offering a modest beginning to the City—wide underground utilities program. Area residents will have easy access to the state beach and businesses on Main Street with sidewalk improvements at San Jacinto and an elevated pedestrian bridge over the freeway. Property owners will have the option to develop their lots with commercial buildings or homes, or a mixed use with shops below and apartments. Commercial buildings will have landscaped front yards and parking lots will be screened by planted areas. In summary, two key elements contribute to the creation of a future vision for North Main Street: appearance and accessibility. In planning terms, appearance can be translated into the aspects of land use addressed by the plan which include physical design, development, and intensity. Accessibility refers to the aspects of circulation such as public improvements that accommodate people and vehicles. SPECIFIC PLAN IMPROVEMENT PROPOSALS , The Specific Plan combines requirements for property owners with stated intentions by the city to achieve the goals of the plan. The requirements for property owners are recorded as changes to the zoning ordinance. The intentions of the city become reality when money is appropriated from the budget for the recommended capital improvements. The proposed zone changes and recommended capital improvements, with discussion of the issues and rationale for each, follows. COMMERCIAL USE ON NORTH MAIN STREET Discussion The plan proposal is to create more flexibility for business interests locating in this neighborhood by rezoning from C-1-N to a new zone, Mixed Commercial Residential, MCR/R-4. (See figures 5,6,7,8). The MCR/R-4 zone would allow C-1-N, C-1, and C-2 uses, mixed commercial and residential, or exclusive residential use according to the R-4 standards. The property owner would be given the discretion to choose the best use, as long as they comply to the development standards of the plan. Unless designated with the R-2, R-3, or R-4 suffix, 'the MCR district would allow R-1 residential development. (See Appendix: Comparison of Allowable Uses for Commercial Zones, Pg. 55). The C-1-N zone was originally created for this area of town to prevent the unwanted side effects on the residences east of the business district of a highway frontage commercial strip. It appears that the number of uses allowed under the C-1-N zone is so limited that the zone designation is actually depressing development as evidenced by the large amount of vacant parcels, numerous requests for expanded uses, high vacancy rate in existing developments, and the saturation of market uses allowed by the C-1-N zone. The idea behind the C-1-N zone to create neighborhood shopping nodes is commendable and 3 or 4 plazas have been developed. It is questionable how many more shopping plazas can be accommodated in this neighborhood, especially with the small variety of. businesses allowed to.locate there. The other prominent zone in the plan area is the VS-C zone. Unfortunately, the VS-C zone also acts like the C-1-N to deter uses vital to the service sector of the local economy, ie, the year-round businesses which cater to the residents of the area. In contrast, the MCR zone designation would not necessarily deter VS-C uses: the market would better determine the best use of the property, given the wide range of options open to property owners. The plan proposal will reduce the amount of VS-C zoned property but will maintain a range of options for locating tourist - oriented businesses in the plan area. Compatibility between the businesses and residences can be ensured by using development and performance standards as criteria for the CUP review process and business license approval. E COMMERCIAL PROPOSALS Please see Chapter 17.71, pg. 48, for codified proposals. 1. Change the existing C-1-N/R-4 mixed use zoning to MCR/R-4 and allow residential use without commercial use at R-4 density, mixed commercial and residential, or commercial uses of the C-1-N, C-1, and C-2 zones with the development standards of this plan.. Eliminate the VSC zoning along Main Street except for the existing section at Highway 41 and replace with the MCR/R-4 zone. 3. Require the following development and performance standards for new commercial development: Potential conflicts with the adjacent residential areas shall be minimized, particularly with regard to, but not necessarily limited to noise, glare, odors, chemicals, and screening. b. landsca ingg and scre_e_ning:. All new commercial deve opmen shall ave a minimum of five feet of landscaped side, rear, and frontyard setbacks. Side and rear yard property lines of new commercial development shall be screened with landscaping and a five foot fence. Mature trees shall be shown on site plans submitted for a development, use, or building permit and shall be preserved unless preservation of the tree presents economic hardships to the owner of the property. C. hei ht: flat roofs shall be discouraged whenever possible and the height limit shall be 25 feet with a conditioned five foot allowance for varying roof lines. Plans for two-story development shall include a view analysis. d. sins: pole signs shall be limited to 15 feet in height and any glare screened from nearby residences. e. delivery_ hours: Deliveries shall be received between 7-00 a.m. and 10:00 p.m., with exceptions to be conditionally granted. off site improvements: all new development shall provide sfteet —trees in wells built to city standards and/or planted and maintained concrete planter boxes with a city approved encroachment permit. • 0 All new development shall install sidewalks with curb and gutter built to city standards. 4. Pursuant to the California Govt. Code, developers shall be assessed a fee reflecting a proportionate share of the cost of the preparation of this specific plans as a condition of approval. 5. Developers shall pay a fee for the purpose of implementing the landscaping proposals on North Main Street and the Highway 41 entry corridor. RESIDENTIAL USE ON MAIN STREET Discussion Current residential use along Main Street is allowed through the mixed —use zone. This zone allows a residential use as a secondary use (not more than 50% of the allowable floor area) to a commercial use. The concept is based on the General Plan for this area which encourages affordable housing and easy access between homes and businesses. The plan proposes to maintain the mixed —use concept, but also offers the option of choosing an exclusively residential use up to an R-4 density. The plan proposes that regardless whether a developer chooses a residential, commercial, or mixed use project on North Main Street, sidewalks with curb and gutter will be required. RESIDENTIAL PROPOSALS Please see Chapter 17.71, pg. 48, for codified proposals. 1. Change the existing C-1-N/R-4 zones to MCR/R-4 to allow exclusive residential use at R-4 density, mixed commercial and residential, or exclusive commercial use. 2. Require the following development standards for residential development along Main Street: a. height: flat roofs shall be discouraged whenever possible and the height limit shall be 25 feet with a conditioned five foot allowance for varying roof lines. b. off site improvements: all new development shall provide s ree trees in wells built to city standards and/or planted and maintained concrete planter boxes. All new development shall install sidewalks with curb and gutter built to city standards. C. mature trees: mature trees shall be shown on site plans submit-f-i-T-for a development, use, or building permit and shall be preserved unless preservation of the tree presents economic hardships to the owner of the property. 3. Pursuant to the California Govt. Code, developers shall be assessed a fee reflecting a proportionate share of the cost of the preparation of this specific plans as a condition of approval. 4. Developers shall pay a fee for the purpose of implementing the landscaping proposals on North Main Street and the Highway 41 entry corridor. R-1............ Single Family Residential R-2............ Duplex Residential R-3............ Multiple Family Residential R-4............ Multiple Family Residential - Professional C-1-N.......... Neighborhood Commercial VS-C........... Visitor Serving Commercial MCR............ Mixed Commercial Residential M-1............ Light Industrial ESH............ Environmentally Sensitive Habitat OA-2........... Open Area 2 (Listed Uses) S.1, S.2....... Special Building Site and Yard Requirements M..............Mobile Home PD.............Planned Development MW.............Mini-warehouse I..............Interim Use Permit NORTH MAN ST. SPECFIC PLAN ZONING MAP LEGEND FIG. 4 r: MESH IR_4 MGFZ / PROPOSED EXISTING C ESH M R-1,S.1 vs_G IR y J/ � Mein N NORTH mm sr. ZONING PROPOSALS FIG, 5A SPECIFIC P►N AREA A /Mom am ►I �� �� �/ �� �� Im M won, M MM S� PROPOSED IM EXISTING w9MMMST. ZONING PROPOSALS Fes. 56 SPECSC PLAN AREA A PROPOSED EXISTING NORTH MAIN ST. SPECIFIC PLAN .ZONING PROPOSALS AREA B FIG.: 6A PROPOSED �R-1,S;2 /M7 R-2 tiwyI EXISTING � i i i i � � � I► t � l � � � � � I I I I I I I I I 1 R-2 1-N jJU i JC-1-N /R- _� main of I NORTH MAIN ST. ZONING PROPOSALS 'SPECIFIC PLAN AREA B' 6B J. • PROPOSED miloomal Momsm 019%�i %Via ma MCR/R-4 MCR%R-4 iiwy / EXISTING R-2 1 C-1-N VS-C R-4 xwy / R-1,S.2' NORTH MAIN ST. ZONING PROPOSALS SPECIFIC PLAN AREA C FIG. 7A .Jc =op . milinglillis "","1"1r m EXISTING RfR=4 r,P R-4 _PD NORTH MAIN ST. ZONING PROPOSALS SPECIFIC PLAN AREA C FIG. 7B lit m EXISTING RfR=4 r,P R-4 _PD NORTH MAIN ST. ZONING PROPOSALS SPECIFIC PLAN AREA C FIG. 7B lit PROPOSED - 1 =i i M-1/P t EXISTING R 1 M- /P I 1 P /I II1000 � /rlain s1 NORTFI MAW ST. ZONING PROPOSALS SPECIFIC PLAN AREA D FIG. SA R-Q /pn PROPOSED I� D/ ns� EXISTING NORTH MAN ST. ZONING PROPOSALS 'SPECIIC PLAN AREA D FIG. 8B CAPITAL IMPROVEMENTS FOR CIRCULATION Discussion Traffic: Both drivers and cyclists complain about cars traveling too fast on Main Street which makes turns on or off of Main Street dangerous, and poses a hazard to bicyclists. Compounding the situation in the Island streets is the fact that the distance between intersections along Main are much closer than traffic standards recommend. Speed limits in Morro Bay are governed by Chapter 10.32 of the Municipal Code which requires that speed limits be reviewed every five years and be adjusted according to the results of a speed survey. The last speed survey for North Main Street was in 1987 and showed that the current limit of 40 mph is appropriate for the traffic flow, surveyed at a critical speed of 39-42 mph. As street frontage becomes developed, traffic speed generally slows down as a natural reaction to an increase in shopping and employee trips which discourage higher speed through traffic. Continual monitoring of the traffic speeds as the neighborhood develops will eventually reflect a natural decrease in speed and speed limits can be adjusted at that time according to the City. ordinance. The width of Main Street could accommodate a 4' bike lane on both sides if parking was prohibited. The plan recommends creating a bike lane on Main Street by prohibiting parking north of Sequoia and south of Elena. As on —street parking is vital to businesses on Main Street between Sequoia and Elena, parking will be allowed in this section and Alder will be designated as a northbound bike route for cyclists wishing to avoid the traffic congestion near San Jacinto. Appropriate signs to caution motorists and routing the cyclists would be an integral part of the proposal. (See figures 10 and 11). Pedestrians: A major coastal access for residents of North oNf rro—Say, the signalized intersection at Highway One and San Jacinto has only minimal improvements for pedestrians. People walking are encouraged to walk in the street and must dodge traffic, fencing, mud puddles, and open culverts. A completed sidewalk pattern, enclosing the culverts, and acquiring a encroachment permit to move the highway fence a few feet would be basic steps to improving this critical link in coastal access. Additional landscaping on city right—of—way would not only improve the looks of this unsightly intersection but also define the neighborhood and accentuate this major gateway into Morro Bay. (See figures 12 and 13). E Present City codes require all commercial and some multi -family residential projects to install curb, gutter, and sidewalk. The plan proposes requiring all development on Main Street to install these improvements according to commercial standards. The creek crossing just south of Island Street is too narrow to accommodate two drive lanes and pedestrian and/or cyclists. The "bridge" is a double 3x5 box culvert which could be extended to the maximum street pave -out and complete the sidewalk improvements. Without any improvements, a caution sign would be advisable. Streets: The intersection at San Jacinto and Main Street accommodates two-way traffic from six directions. Several alternatives based on closing streets and/or re-routing traffic have proven too disruptive to present land use patterns to effectively counteract the problems posed by this intersection. The plan proposes stop signs on Alder at San Jacinto, replacing the present yield signs and creating longer driver response time to traffic moving through the intersection. The plan proposes to better define the three intersections to help guide motorists and minimize driver confusion. This could be accomplished with striping and reflector bumps separating the traffic lanes on San Jacinto. The proposed sidewalk improvements would also help define the intersections. (See figure 14). The intersection of Atascadero Road/Highway 41 and Main Street has been earmarked for signalization in the future. As a short range solution to the problems of stacking and pedestrian safety, the plan proposes a lane striping program and completion of the sidewalk pattern. The suggested design is conceptual only so exact layout would need to be surveyed and designed before actual implementation. (See figure 15). The Circulation Element identifies the re -alignment of the intersection between Radcliffe and North Main Street as a major street improvement priority. There is a site -distance problem at this intersection which would become even more hazardous if nearby development generates more traffic. Therefore, the Circulation Element states that improvement to the alignment of the intersection be made as a condition of development east of Highway One. The Specific Plan includes this mitigation requirement as a condition of development on the PG&E parcel between Preston and Radcliffe. Any re -alignment of Radcliffe should also take into consideration a redesign of the on -/off -ramp configuration between the off - ramps from Highway One onto Main Street and Highway 41. The existing traffic flow creates a hazardous situation where vehicles merge on and off the highway without adequate distance for accelerating. Options for a re -design would be to close one or both of the ramps which merge through each other and to widen Main Street to accommodate increased traffic volume. CIRCULATION PROPOSALS 1. Work with developers, Cal Trans, and other appropriate agencies to re -design the on -/off -ramp configuration between the Main Street off -ramp and Highway 41 on -ramp. An example of one option is shown on figure 9. 2. Create a bikeway on both sides of North Main Street by restricting parking and striping for a bike lane on Main Street, north of Sequoia and south of Elena, and signing for a bike route on Alder between Sequoia and Elena. Install signage for bike lanes as needed. 3. Continue to monitor speed limits on North Main Street every five years as required by Chapter 10.32 of the Municipal Code. 4. Complete the sidewalk pattern with landscaping at the intersection of San Jacinto, Alder, Main Street and Highway One as shown in figure 5. Stripe traffic lanes at San Jacinto, Main, and Alder to clearly mark the intersections. b. Install stop signs on Alder at San Jacinto. 7. Widen the creek crossing at Island Street by extending the double 5x5 box culvert to the maximum street pave -out and complete the sidewalk improvements. Install caution signs for a "narrow bridge" until the improvements can be made. 8. Stripe traffic lanes and complete sidewalk pattern with landscaping at the intersection of Highway 41 and Main Street and on Atascadero Road west of the overpass as shown on figure 3Z.j5 9. Any permanent new development on the PG&E parcel between Preston and Radcliffe may be required to contribute to the realignment of the intersection of Radcliffe and Main Street. 10. Require sidewalk improvements for both new residential and commercial development according to commercial standards. 11. Work with developers, Cal Trans, and other appropriate agencies to design and build an elevated pedestrian bridge over Highway One at one or two locations between Highway 41 and Yerba Buena. Close north bound off ran from toghway One Close north band a from Main 8L �I NORTH MAIN ST. SPECFIC PLAN ON/OFF RAMP CLOSURE FIG. 9 NORTH MAIN ST. SPECIFIC PLAN CLASS II BIKEWAY PLAN VIEW FIG.10 On -street parking prohibited 4' bike lane on each side of Main Street South bound cyclists continue on Main Street North bound cyclists turn east one block to Alder BIKE LANE Cleat II Blk*wq BIKE ROUTE Class III Bikeway NORTH MAIN ST SPECIFIC PLAN SAN JACINTO ENTRY CORRIDOR: EXISTING CONDITIONS FIG.12 NORTH MAIN ST. SPECIFIC PLAN SAN JACINTO ENTRY CORRIDOR: FIG. 13 IMPROVEMENTS 0 f� I Sin J�+r� I I sgns AI4er Dramas& � g;dewaiks i � o o_ NORTH MAIN ST. SPECIFIC PLAN. SAN JACINTO ENTRY CORRIDOR: PLAN VIEW L, FIG.14 �r I KEEP ON - jzAMP CLEAR :I z 1. HIGHWAY OHS OFF- RAmr rwt Nat pe Nec&K .¢T % I I UNfIL SIGNhl17l.71oN oGF' VAMP � o KEEP ON• RAMP f NORTH MAIN ST. HIGHWAY 41 & MAIN ST: SPECIFIC PLAN PLAN VIEW FIG.15 CAPITAL IMPROVEMENTS FOR LANDSCAPING Discussion The natural vegetation of the Central Coast is drought resistant chaparral, grassy meadows, trees such as coastal live oak and monterey pines and riparian vegetation such as willows and alder along the creeks. With the residential pattern of North Morro Bay, this natural character is disappearing. Paradoxically, it is this coastal atmosphere that attracts many residents and visitors to the area. A -primary purpose of the specific plan is to preserve and enhance neighborhood character and the landscape plan proposals are presented as a mechanism to achieve this. The plan proposes specific landscaping standards for commercial development and pairs this with a City initiated tree planting program. The proposals attempt to recreate a landscape that is drought resistant, provides variety to the scene, and produces visual landmarks to help define and beautify the neighborhoods. Landscaping can also be used effectively as a buffer between residential and commercial uses, between pedestrians and traffic to break—up expanses of pavement, and to screen the glare of headlights and unsightly storage areas. In particular, the proposals recommend planting trees to help stabilize stream beds and hillsides. In combination with shrubbery and ground covers which inhibit surface run—off and erosion, these efforts ultimately will help preserve ground water levels. Also, Morro Bay's designation as a bird sanctuary provides an impetus for protecting and recreating avarian habitats in their naturally occurring areas such as seasonal creeks now -zoned as environmentally sensitive habitats. In addition to the ESH zones, the plan proposes to identify two entry corridors into the plan area as focus points for the landscape plan. These corridors would be San Jacinto and Highway 41. Specific proposals for the San Jacinto entryway are shown in figures 12 & 13. Landscaping proposals for the Highway 41 entry corridor are shown in figures 18 & 19. Eventually, continuity of landscape design could be achieved throughout the plan area by extending the theme from the entryways to major intersections and into the neighborhoods. The oppressive, uninterrupted presence of the highway fence creates a visual blight almost the entire length of N. Main Street. Recent Caltrans landscaping will reduce this somewhat, however, a new state policy has ended state funded landscaping in the, future along presently vacant land adjacent to the highway. A solution to this circumstance would be to require, through a joint city and private developer effort, a slight curve in the street when large vacant lots are developed and standard curb E r] gutter and sidewalk improvements are installed (see figure 13). The exposed area on the west side of the street could then be landscaped, providing visual relief without interfering with site distance. Setback allowances would be created to compensate for the realignment. LANDSCAPE PROPOSALS 1. Upon obtaining approvals of affected property owners and the Department of Fish and Game, the city will plant and maintain native trees in the ESH zones along Main Street at Island Street and Yerba Buena and Morro Creek. 2. Corridors at San Jacinto and Highway 41 shall be designated as Specific Plan Area Entryways. Entry -way landscaping shall reflect a consistent theme and include the city entry sign on Highway 41. 3. The City will encourage developers of large lots fronting on Main Street to cooperate with a street realignment and landscaping program as detailed in figures 13 & 14. Developers will be offered a reduction in their frontyard setback requirements without any density penalties if curb, gutter, and sidewalk improvements vary from the existing right-of-way and property lines by not more than a seven foot offset. The corresponding right-of-way exposed on the west side of the street will be landscaped and maintained by the developer. 4. Funding for the city -initiated landscaping shall come from the general fund and landscaping fees and requirements for new development. Mein St. Looking North NORTH MAIN ST. SPECIFIC PLAN y -- i I(II• I1 1 ' i ` Y•I: i I � n i �.•II I I MAIN St i 111 Plan view i STREET CURVE: EXISTING FAG. 16 CONDITIONS & PLAN VIEW NORTH MAIN ST. STREET CURVE. SPECIFIC PLAN LANDSCAPING IMPROVEMENTS FIG. 17 NORTH MAIN ST. HIGHWAY 41 ENTRY CORRIDOR: SPECIFIC PLAN PLAN VEW I FIG.18 LEGISLATIVE SUMMARY The North Main Street Specific Plan is a response, and hopefully a solution, to the special needs of the neighborhoods of North Morro Bay. The intention of the plan is to recognize incongruities between the market realities of this neighborhood and the City standards applied to the area. Based on this analysis, the plan proposes changing these standards to encourage a healthy economy for merchants and an attractive and safe environment for residents. These proposals include zoning changes for commercial and residential uses, development standards to improve the overall quality of the environment, and projects for the City's capital improvement program. The plan recommends creating a new zone, mixed commercial and residential (MCR), to allow more choices for property owners and businesses. The MCR zone allows retail and service commercial uses, mixed commercial and residential, or, exclusive residential use. If adopted, these proposals will amend the Zoning Ordinance, General Plan and Local Coastal Program. The environmental assessment of this plan required for these amendments has shown the project qualifies for a negative declaration. The Environmental Coordinator, City of Morro Bay, California, has found that the described project will not have a significant effect on the environment. Specific Plans are to be used for the systematic implementation of the general plan for all or part of the area covered by the general plan. The authority for preparation of a Specific Plan and the required components of the plan are found in the California Government Code, Sections 65450 through 65457. NORTH MAIN ST. SPECIFIC PLAN VICINITY MAP FIG. 2 NORTH MAIN ST. HIGHWAY 41 ENTRY CORRIDOR: FAG. 19 SPECIFIC PLAN LANDSCAPING IMPROVEMENTS CAPITAL IMPROVEMENTS FOR PUBLIC FACILITIES Discussion State law requires a specific plan to identify that are necessary to support the land uses plan. The land uses presented in this continuation of existing use patterns. public facilities described in the plan represent a Public facilities for the future growth of these land uses has been addressed by master plans for water, storm and sanitary sewer systems, solid waste, and energy development. The public facilities proposed in the plan relate to drainage improvements and circulation. The latter are found in the section entitled "Capital Improvements for Circulation". Currently, water management is the primary controlling factor in allowing any intensification of existing land uses. Water management is addressed through the Measure F initiative and through the Water Distribution System Master Plan. Sewage disposal,'as a corollary of water management, is addressed through the Sewer System Master Plan. Solid waste management is addressed by the County's Solid Waste Management Master Plan, endorsed by the City of Morro Bay and implemented through private contracts. Policies for energy needs and development are contained in the Local Coastal Program. The impacts of the plan on energy planning are not significant. Area D of the plan area contains a large parcel of land owned by PG&E and zoned M-1/PD/I. The interim use suffix allows a range of passive, non —permanent visitor —serving or recreational uses. Any proposal for an interim use would have to be designed to fit in with the existing public facilities. Drainage concerns in the plan area are related primarily to off — site storm drain improvements and property development standards for flood plain management. The Storm Drain Master Plan details six storm drain projects in the plan area (see figure 20). Three of these projects are integral parts of proposals in the plan: the intersection improvements at San Jacinto and stream channel maintenance at Morro and Alva Paul Creeks. Two other proposals address localized street flooding where Las Vegas and Nevis intersect with North Main Street. The sixth proposal addresses 10 and 100 year flooding conditions effecting Noname Creek along Whidbey and the culvert at Yerba Buena and Main Street. The drainage improvements recommended in the adopted Storm Drain Master Plan represent a capital improvement plan for the City's public works. However, private development in the vicinity of these projects may be required to install some of these off —site improvements to mitigate storm water run—off problems in proportion to the impact of the development. New development in the flood zones identified by the Flood Rate Insurance Map (FIRM) must conform to the provisions of the Flood ordinance of the Morro Hay Municipal Code. As shown on the map (see Figure Al), development near the stream channels in the plan area is subject to the flood ordinance as well as the conditions of the ESH zone. All of Area D is included in a flood zone and subject to flood mitigation standards of the flood ordinance. DRAINAGE_ PROPOSALS 1. Include the six proposals of the Storm Draft Master Plan. 2. Private development in the vicinity of the projects identified in the Storm Drain Master Plan in the specific plan area may be required by the Public Works Director and the Planning Commission to contribute in —kind or through fees to the mitigation of storm water drainage problems, as identified in the Storm Drain Master Plan, in proportion to the impacts created by the development. I No. I PROJECT NAME 1 COST i PRIORITY 1 I 1 1 i I I-----1---------------------------------- -------------- 1 ---------- I ----------I I i I i I I Q I HOHRME CREEK 1 _$192, 396 I _MEN I IJ9 _ I 1 2 1 BERCHCOHBER DRIVE AT ORCRS STREET I $49,259 1 HIGH I I 1 HRSSUR STREET AT MAIN STREET 1 $97,702 1 111611 1 1 4 1 8 UNARMED CREEK 1 $118,279 1 HIGH I 1 5 1 BALI STREET - SRNDLEHOOO TO HIGHWAY ONE 1 $70.271 1 HIGH I I 1 SAN JURCINTO STREET AT MAIN STREET I _ S78L202_ 1- i I 7 I MAIM STREET - PICO TO LAS VEERS STREET 1 $45,753 1 _MEDIUM LOU I 1 8 1 WRSTEWRTER TREATMENT PLANT 1 $252,460 1 MEDIUM I I O9 I MORRO CREEK RT MAIN STREET 1 $186,739 1 111611 1 I 10.1 WILLOW CAMP CREEK 1 $93,231 1 LOW 1 1 11 1 BEACH STREET - EMBARCAOERO TO MORRO AVENUE ► S261,519 I HIGH. I 1 12 1 HARBOR STREET AT EMBRRCROERO DRIVE 1 $237,480 1 HIGH 1 1 13 1 MORRO BAY BOULEVARD - MRRKET TO MAIN STREET I S108,676 i IIIGH i 1 14 1 PACIFIC STREET - MAIN TO NRPR AVENUE 1 1105,420 1 LOW I 1 15 1 MARINA STREET - MAIN TO SHASTA AVENUE 1 $140,903 1 LOU I 1 16 1 ANCHOR STREET - EMBRRCROERO TO ARBUTUS AVENUE 1 S759,924 1 HIGH 1 1 17 1 OLIVE STREET - MORRO TO MAIN STREET 1 $61,783 1 LOW I 1 18 1 KERN RVEVUE AT MRIN STREET I $37,049 1 LOW 1 I 19 1 LAS TUNAS AVENUE - BUTTE TO KINGS AVENUE 1 $209,901 1 MEDIUM I 1 20 1 OUINTRNR ROAD - BELLR VISTA TO LR LOMA AVENUE 1 S100,745 I MEDIUM I 1 21 1 OUINTRNR ROAD - WEST OF SOUTH BAY BOULEVARD I $34,789 1 MEDIUM I 1 22 1 TWIN BRIDGES AT SOUTH BAY BOULEVARD I ------- I HIGH I I 1 I ---------------- 1 I NORTH MAIN ST. STORM DRAIN MASTER PLAN: FIG. 20 SPECIFIC PLAN PROJECT COST & PRIORITY 4 Ex . 8 CHAPTER 17.71 NORTH MAIN STREET SPECIFIC PLAN Sections: 17.71.010 North Main Street Specific Plan Adopted 17.71.020 Division Into Areas 17.71.030 Allowable Uses 17.71.040 Development Standards 17.71.050 Off -Site Improvements 17.71.010 North Main Street Specific Plan adopted. The zoning reguiaiions ana—men ar s for at par�E_­ofthe C3ty of Morro Bay illustrated in Figure shall be the "North Main Street Specific Plan" which is --established and provides for regulated development in accordance with the purpose, rationale and objectives set out therein; said specific plan is hereby incorporated herein by this reference in its entirety. 17.71.020 Division Into Areas. The Specific Plan is divided into areas where different development standards, uses, or mixes of uses may be permitted. The areas are described below and illustrated in Figure _` Area A: Island to Zanzibar. Area B: Elena to Island. Area C: State Highway 41 to Elena. Area D: State Highway 41 to Radcliffe. 17.71.030 Allowable Uses. Different uses or mixed uses may be allowed in e__Mzone with compliance to the applicable development standards. A. Definition and Purpose: Mixed Commercial/Residential (MCR) ITistFic-t—TheMCR zone allows conditionally permitted C-1- N, C-1, and C-2 uses, mixed commercial and residential in any proportion, or exclusive residential use. Unless designated with the R-2, R-3, or R-4 suffix, the MCR district would allow R-1 residential development. The purpose of the MCR district is to maximize the opportunity for commercial development and maintain the integrity of surrounding residential neighborhoods by allowing a mixture of appropriate commercial and/or residential uses to be evaluated according to any applicable development and performance standards during the implementation phase. B. Generally_.: All uses in the MCR and VS-C zones of the NMSSP area are conditionally permitted only; that is no use shall be allowed without first obtaining a Conditional Use Permit approved by the Zoning Administrator. Any applicant may elect to petition the Planning Commission for a Conditional Use Permit pursuant to Chapter 17.60 and this plan. C. Residential Uses: Residential uses may be permitted in the MCR zone----iri -conjunction with an approved office or commercial use in accordance with the provisions of this chapter. Residential uses without accompanying commercial development as allowed in the R-1 zone may be permitted according to the applicable development standards of this plan. Designation of the MCR zone with an R-2, R-3, or R-4 suffix will permit residential development according to the designated density and applicable development standards of this plan. D. Visitor Serving Commercial: Bed and breakfast uses as define id-diCfiap- 1'7-1-2 U57 with ancillary facilities may be permitted in the VS-C zone or MCR zone with a Conditional Use Permit. The scale, layout, and architectural treatment shall be compatible with and shall reflect that of a residential neighborhood. E. Service and Retail Commercial: All uses in the C-2, C-1 and C_-1-N zones iac uisive may Vie -permitted in the MCR zone with a Conditional Use Permit, subject to the developmental standards of this plan. 17.71.040 DeveloRent Standards. In addition to the findings requ— ireeby Chapter f7-.6ff-,-The Planning Commission must find that the following development standards have been met before approving a Conditional Use Permit for any use in the North Main Street Specific Plan: A. Mixed Uses_. In any mixed use (ie: commercial and residential) project, the project, in terms of specific types of uses, their locations and the development layout and design shall provide for compatibility among the uses. to-the-extent-praet#ea+. Features such as building entrances and open parking shall be differentiated to the extent practical between residential and commercial uses on the same site. Adequate private and common open space generally in conformance with standards set forth in Chapter 17.49 herein shall be provided for all residences. B. Side and Rear Yard Setbacks. The minimum side and rear yard setbacks sTzaI-1--Tie—f-ive--fe'et.-eaA--e-se}#d-€€Ye-€ee€-€ee�eeT we€€-er--e€}per-�a€€er-sloe€€-be-#as€a€€ed-a�eng-Bear-aeA-s#de proper€y-€#nos--a€-eny-ee�nn�ere#a€-er-m# tee-�e�e}egniee+€r All setbacks shall be landscaped.---Regn-ired--but€ere-eha€k--be s#god-aed-si€ua€ed-se-as-€e-gre€ee€-�€ews-€rem-Ar#Yeways-€er a-Ats€anee--a€-€;€€eea--€ee€-€rem--€l;e-a€€ee€ed--s€roe€-e#de preger€y-€vine? Larger setbacks may be required by the Planning Commission if deemed necessary to provide an adequate buffer between uses. C. Fron yard setbacks and landscaping_ A minimum of five (3) Feet- oT--landscapea area sha1T -ie provided in front of any building or parking lot facing a public street. where a developer elects Main Street realignment, the frontyard setback will be reduced accordingly and the developer shall be responsible for landscaping the realignment island. D. Mature trees. Mature trees shall be shown on site plans submiffed for a development, use, or building permit. Any mature tree, defined as having a trunk circumference of 17" measured 24" above grade shall be preserved unless preservation of the tree presents economic hardships to the owner of the property, safety problems, or is severely diseased. The burden of proof of economic hardship, safety, or disease shall be on the applicant at the time of application for a development, use, or building permit in the Specific Plan area. Removal of trees for economic hardship, safety, or disease shall be approved by the Planning Commission or Director of Community Development as appropriate at the time of permit approval. E. Roofline variation and view corridors. The maximum height shall a generally two stories a ove subterranean or semi - subterranean parking if provided) and not to exceed 25 feet; except that the Planning Commission may allow up to 30 feet to encourage roofline variations and sloping roof treatments provided that the additional height is necessary for such roof treatment and that corridors protecting significant views are provided. Furthermore, to prevent long, unvarying rooflines, the Planning Commission shall consider the following guideline when allowing a project to exceed the usual 25-foot limit: Not more than one-third of the west elevation of the building roofline, and, if different, not more than one- third of the elevation of the longest building roofline shall exceed 25 feet in height. This standard is intended as a guideline, not a strict requirement, and the Planning Commission may vary from this guideline as deemed necessary and useful to meet the intent of this section. 0 Flat roofs shall be discouraged wherever possible. All applications for buildings with more than one story and/or with pole signs shall include a view analysis from the residential neighborhood to the east. To the extent practical, significant view opportunities shall be preserved and protected through the use of view corridors and air space easements. Assessment of scenic values and preservation of scenic views shall be prepared and implemented according to the Visual Resources Policies of the Local Coastal Program, in particular, policies 12.01, 12.02, 12.05, 12.06, 12.08, and 12.09. l+r---6ernge�}�#}}$j-w}�#l--aeapb -pas}deA}}a}-a�easr--�e-$%ie-ex$ea€ gree}}e�T-�e€ea�3e�=eeR€ �e�s-w�#kt-€lie-e�yaeere€-res�dea€}e} epee s-eha}}--be-m;a}mieedr--gap€}en}ep}Y-w#€lt-pegepA-€er-bet€ ae€--aeeesaep}}y---}#m##ed--€er---ae#aeT--g}eper--e�eps--ead se€baeksr 6r---S€ga-he}gh$--aad-g}apermr---9€ltep--see€}eae-a€--E}t#s-}€}e-ee€ w€€�d��agT-ee--ges#ga--ske}}-a*eeed--€§-€eeE-€n-he#gkb ead-ae--€}}ttrn}aeb€eR-aey--be-�€peebed--€ewep�--bite--ed�aeeab gpegep€€esr---S€gae-asA--$lie€p-g}ape--sli8}}-be-aepeeRed-€petx }lte-res}deaees-fie-eke-eas€-aa�-€gem-a��aeea€-gpegepb€ear Hr --- Heaps-e€--agape€#ear---,R}}_de}3Yep}es--sbe}}-be--}¢®}e�--€e eelr��Ea�erles-€e-}9+99-grinr }r---P9e}a-S€pee€--8eeess-�p}a�eweys--eaA-gar##ag--}e�sr--Eetpb-eat€s eed�p�a�eweys-ea- a�i 4n-��e -s a - e-n�3a3e��aed-ead-a}}-epees perk#ag-areas--site}}-be-sereeaed-€ren�-gttb}}e-v}ew-a}eag-P4a}a Sbpee€-befit}ad-bet}}dugs-ep-}eaAseage�-se€beaker F. Subterranean _parkin . Where feasible, subterranean or semi- subterrranean parking -shall be employed to provide more usable open space or landscaped areas. G. Specific plan fee. Pursuant to the California Government Code,—dTopeFsshall be assessed a fee reflecting a proportionate share of the cost of the preparation of this specific plan as a condition of approval. 17.71.045 Performance Standards. In addition to the findings requirre-5y-Cfiap e� r 17. 0,the Planning Commission must find that the following performance standards have been met before approving a Conditional Use Permit for any use in the North Main Street Specific Plan: A. Compatibility with neap residential areas. Potential conf7icEs wiEF-- the adjace-�idenYlTI areas shall be minimized, particularly with regard to, but not necessarily limited to noise, glare, odors, chemicals and screening. B. Noise. Any business operating with sustained or intermittent noise levels exceeding 70 Ldn as described by the Noise Element, (June 1976, Fig. 4, pg. 1.21) including, but not limited to wood or machine milling, air hammers, generators, or prolonged or excessive truck deliveries, will not be allowed. C. Hours.. of operation. All deliveries shall be limited to the hours -between 7 00-a.m. and 10:00 p.m. D. Siggn heigght anlare.. Other sections of this Title not withstanding, no pole sign shall exceed 15 feet in height and no illumination may directed toward the adjacent properties. Signs and their glare shall be screened from the residences to the east and from adjacent properties. E. Odors. Any business involving the use or on -promise storage of products releasing noxious fumes or odors, including but not limited to tar, asphalt, oil emulsions, sulphur dioxide, chlorine, or animal and fish processing, will not be allowed. F. Chemicals. Any business involving the use or storage of noxious chemicals including but not limited to pesticides and herbicides other than those packaged for retail sales, or', large volumes of solvents or flammable liquids (excluding gas stations), will not be allowed. screening. A solid five-foot fence, wall or other buffer sTiarlinstalled along rear and side property lines of any commercial or mixed development. Required buffers shall be sized and situated so as to protect views from driveways for a distance of fifteen feet from the affected street side property line. 17.71.050 Offsite Im rovements. In appproving any on i iona Use ermi a following will be required as conditions of approval: A. C�urb�ut�ter, sidewalk, and street trees. In addition to any other improvemen s oun necessary by the Planning Commission, all commercial and residential developments shall be required to install curb, gutter, ten -foot wide sidewalks and street trees pursuant to City standards and/or planted and maintained concrete planter boxes subject to any encroachment permit. The Planning Commission shall have the option of granting a sidewalk width of not less than 6 feet. B. Intersection imr�ovement fees._ As a condition of approval of atIonali)se Permit,— the developer shall pay a fee for signalization and related improvements at the intersection at Highway One, Highway 41 and Main Street as specified in the Specific Plan. Said fee shall be proportional to increased traffic generated by the subject project at said intersection as estimated by a traffic engineer and subject to review and 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 that intersection. C. Landscaping improvement fees. Developers shall pay a fee for-tfie purpose of 3mpI`ementing the landscaping proposals on Main Street and the Highway 41 entry corridors. Such monies shall be placed in a special fund to be used for this purpose. Said fee shall be equal to $2.00 per linear foot of Main Street and/or Highway 41 frontage. D. Other improvements. Other improvements and/or easements TeI_ated-to streets, sewers, water lines, storm drainage, fire hydrants and any other on -or off -site facility deemed reasonably necessary to protect the public health, safety or welfare may be required by the Public Works Director or Planning Commission, as a condition of approval, to contribute in -kind or through fees to the mitigation of storm water drainageproblems, as identified in the Storm Drain Master Plan, in proportion to the impacts created by the development. E. Deferments. Where the Planning Commission deems that deferring installation of needed public improvements will help increase the feasibility of a desirable project and will not pose any immediate or unreasonable threat to the public health, safety or welfare, such time deferments may be permitted subject to the posting of adequate bonding to insure the eventual installation of such improvements. r a _r ra i ALL UWSIcc I CL CA j I � I j • V ; I O YI L1 L I to O G T i O u I o 'O — I 7 1 I 0.im i D j I 0 I C 1 C I y 1.4 4 4 14 •- O. ^� E I M w ^? 10 m w 41 v' C OI C LI 3 ^I .wil z 4 1 V �I d V w I l7 b17; I 7 Cl Ai 'o1YIgo Y 1 .>: C. C D 4I m 1= -01 w I "7.1 1 L 4 ^ 4 VI w' E E . I 10 7 I Y +'i C• u� L C w I IG —� I C• V w! 0 ; wIQ .w. .N rJ •^" L^ Y 4� O UI o D O= 0 I IL C11 I �] 1 u •r I U is NI I C 014 u 1 ❑ L; •'� Y > u w .� m> I — IE L I 4 ••+ICE E 'OI L v. 4I L I 4 10 F. 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I �'Oi " O �m G r* m Id ''< d I j7 'n m I I .n m O m !m 17 nl 0 'C 7 0 'OI- I'• o im a I I m n I all W. R in 0. R Rf— !G TI _ (Y. Y•.J.I rt .7— m 7R 7 �Y. y I O to Ir — YI 3 im m { rn Y• n !R m I ^O 0 m im I 7 Or R f G wl �m m M O m'm 71 Ill I 1 < T I I m iG.O O `1 7 R OI mI { O m R 10 �:..m I I I m M a I 7 R R I i Y• m 13 Im 'O I CD Ip Y R m I l I d.•� 0, . 1 i I 3. I r. iam m I Y•r C T I it 7 I m7 m II In j I 3 +mO XJ I m m CD < I 7 I IT E I I I Im T Y R I j c n 7 I 'c I ca 7 Y m m iY m "1 0. I O. oQ I nI p I !m c 0 I i a 7 IrtY O I I I a c 1"1 n j .. Im 7 I I rt m I I ITw _ CD I ••••• • •• • • } ••••• 9 Z • ••I• • ••• •••• ••••• •� 1 O ' I C A Z • • I• N CA n I_ AA I• • •� N'•••• •�• •N•. N••! • 010 �. SM T1 g i Cost Analysis for Installation of the Capital Improvement Proposals for Circulation 1. Two-way Bicycle Lane: Paint: 2300 l.f. x 2 x $1.50 $6,900 Signs: 16 ea @ $100 1,600 Legends: 16 ea @ $50 B00 $r9 , 3a 0 2. Sidewalk and drainage improvements at San Jacinto, Main and Alder: $20,000 3. Stripe traffic lanes at San Jacinto, Main and Alder: $500 4. Stop signs at Alder and San Jacinto: Signs and Legend: 2 ea @ $150 $300 5. Widen creek crossing at Island Street: Engineering $ 5,000 Construction 3� $40,00 6. Street curve planter islands " 200 ft. A.C. curb @ $2.50/l.f. $ 500 excavation 400 dispatch 1,200 import 180 landscape 555 irrigation 4 085 3r6,9H per location some costs duplicated from landscape MIS Funding Options for Capt.ial_ Improvements _.for _Circulation Funding for capital improvements can be derived from: 1. individual traffic generators i.e. in —kind improvements; 2. from a group of property owners the improvements i.e. an assessment 3. from all users of a given area i.e. Development Fees new development fees and directly benefitting from district; or gas or sales tax. As part of the development process for new projects, a fee will be charged to offset costs associated with improving the intersections at Highway 41 and San Jacinto. This fee will be proportional to a traffic engineer's estimate of increased traffic volume at these intersections generated by the project. Fees will also be charged at a rate of $2.00 per linear foot of street frontage for off —site landscaping improvements on Main Street and the entry corridors. Some of the improvements will be constructed as part of the CUP approval. All development in the plan area is subject to the requirement to install curb, gutter, sidewalk and drainage improvements as needed.' This includes both commercial and residential development. Tax Two types of tax options are available to the City: sales tax and gas tax. Money collected from an increased sales tax would go to the general fund. Money collected as a result of a gas tax could be specifically earmarked for street improvements. Both options would require petitioning state agencies for the necessary permits to declare and collect the tax. A tax increase option would generate money proportionately to an increase in traffic volume and would offer a substantial funding opportunity for the City. Assessments An assessment district could be overlayed on the Specific Plan area, identifying the district boundaries and properties most likely to benefit from the improvements. However, a strong argument could be made that the benefits accrue to the whole City. In this scenario, the proposals of the plan area could be regarded as priority improvements for a City—wide assessment. A bond would be secured for improvements and paid off by the yearly assessment. I II Maintenance Impact Statement for Landscape Proposals of the North Main Street Specific Plan INTRODUCTION the Area The Maintenance Impact Statement (MIS) analyzes the initial and maintenance costs associated with a particular project. Listed below are the landscape projects proposed by the Specific Plan, what it would cost to install the landscape improvements, and how much cost would be necessary to maintain the landscaped areas on a yearly basis. DESCRIPTION OF LANDSCAPE PROJECTS The following projects are shown on the Summary of Plan Proposals on page 1 and described in the text on the pages and figures indicated. 1. Stream Channel Planting: Alva Paul Creek Morro Creek A. Native and/or drought tolerant trees, shrubs, and ground cover will be planted in the public -right—of—way of Main Street for the purpose of establishing and maintaining a native environment and creating a point of visual interest for the neighborhood. (Reference: p. 30, *1). B. Level of Service: Dept. of Fish and Game permit approvals as appropriate Initial planting and soil preparation Irrigation truck for one season Annual cleaning of drainage ways Application of insecticide as needed Annual fertilizing and replacement Twice —monthly policing and cultivating C. Estimated Initial Costs: Alva Paul Creek S4.88/sq.ft. at 400 sq.ft. = $1,952 Morro Creek 400 sq.ft. = $1,952 �77TOW D. Estimated Annual Maintenance Cost: Personnel: Maintenance Worker II at $6/month at $17.88;hour = 1,287 Supply: $21/month 252 Services: $1,050 for tree trimming 1,050 $2 5-89 2. Intersection Improvements_. at San Jacinto and Main Street A. City and State right-of-way will be improved with sidewalk and -drainage facilities. The open dirt areas adjacent to the sidewalk will be planted with trees, shrubs and ground cover. Suitable street furniture such as benches, litter cans, and planter boxes will also be installed. (Reference: p. 29, #4; Fig. 14, p. 35). B. Level of Service: State permit approvals as appropriate Initial planting and soil preparation Installation of irrigation system; possible interface with CalTrans system Annual tree and shrub pruning Monthly replacement, weeding, cultivating, fertilizing and irrigation check Application of insecticide as needed Weekly policing Bi-weekly trash can emptying C. Estimated Initial Cost: $4.88/sq.ft. at 1,500 sq.ft. _ $7,320 D. Estimated Annual Maintenance Cost: Personnel: MWII at 20 hours/month 4,291 Supply: $24/month 288 Services: $575 for tree trimming 575 S800 vandalism repair 800 3. Street Curve Landsca in A. Through a joint City and private developer effort, a slight curve in the street could be created by off -setting the sidewalk a few feet on the east side of Main Street when large lots are developed. The exposed area on the west side of the street would be planted with trees, shrubs, and ground cover, providing visual relief from the highway without interfering with site distance. (Reference: p. 38, 113; Fig. 16, p. 39). B. C Level of Service: State permit approvals as appropriate Installation of asphalt curb and street patch Annual tree and shrub pruning Monthly replacement, weeding, cultivating, fertilizing and irrigation check Application of insecticide as needed Weekly policing Estimated Initial Cost: Asphalt curb and street patch at $15/lineal foot at 185 ft. = $2,775 D. Estimated Annual Maintenance Cost: Personnel: MWII at 10 hours/month 2,146 Supply: $21/month 252 Services: $575 tree trimming 575 4. Highway 41 Entry Corridor A. The eastern entrance to the City on Highway 41 from the City limits to Main Street will be landscaped with drought tolerant trees and shrubs to create an entry corridor into the City, enhancing the view of the rock and welcome sign at Ironwood. (Reference: p. 38, 402; Fig. 18, p. 41). B. Level of Service: State permit approvals as appropriate Initial irrigation installation Initial planting of large trees and shrub groupings Monthly irrigation check Annual pruning Application of insecticide as needed Bi-annual fertilizing Monthly policing cultivating and weeding C. Estimated Initial Cost: 1,036 sq.ft. at $4.88/sq.ft. = $5,056 D. Estimated Annual Maintenance Cost: Personnel: MWII at 34 hours/month 7,295 Supply: $40/month 480 Services: $2,300 tree trimming 2,300 $I0;0T5 5. Intersection Improvements at Main Street and Highway + 4.1 A. Landscaping at City right-of-way adjacent to proposed sidewalk improvements will be installed to compliment existing CalTrans planting and to provide visual definition of the intersection as a gateway to the City. (Reference: p. 29, #8; Fig. 15, p. 36). B. Level of Service: State permit approvals as appropriate Initial planting and soil preparation Installation of irrigation system; tie-in with CalTrans if possible Annual tree and shrub pruning Application of insecticide as needed Monthly replacement, weeding, cultivating, fertilizing and irrigation check Bi-weekly policing and trash can pick-up C. Estimated Initial Cost: $4.88/sq.ft. at 2,300 sq.ft. _ $11,224 D. Estimated Annual Cost: Personnel: MWII at 68 hours/month 14,590 Supply: $60/month 720 Service: $575 tree trimming 575 $ T5 683 III. COST SUMMARY Annual Main. Project Initial Cost Cost 1. Stream Channel Planting $3,904 $2,589 2. San Jacinto Intersection 7,320 5,954 3. Street Curve 2,775 2,973 4. Highway 41 Entry Corridor 5,056 10,675 5. Highway 41 Intersection 11,224 15 885 --- $3a;27"9 S2-2 IV. FUNDING As the City grows, an incremental increase in demand for right- of-way maintenance must be anticipated by the budget. Using this perspective, the plan proposes a detailed campaign for this inevitable increase in maintenance demand, and, requires a corresponding increase in general funds earmarked for right-of- way maintenance. Several funding sources can be identified to supplement this on -going budget expenditure. Basically, funding can be supplemented by some kind of user fee, assessment district, grants, transfer of landscape requirements, private sector sponsorship, and low- or no -cost contract service. 1. In this application, user fees would be a charge based on new development. Developers would be charged a fee based on lineal feet of street frontage to be placed in a trust fund and eventually applied towards the plan improvements. This would be collected on a case -by -case basis until and if a Master Development Fee was instituted. The master fee would contain a portion for right-of-way improvements. 2. An assessment district could be overlayed on the Specific Plan area, identifying the district boundaries and properties most likely to benefit from the improvements. However, a strong argument could be made that the benefits accrue to the whole City. In this scenario, the proposals of the plan area could be regarded as priority improvements for a city -wide -assessment. A bond would be secured for the improvements and paid off by the yearly assessment. 3. Given Morro Bay's prominence as a visitor -serving area and the obvious renewal possibilities of this transitional commercial district, it could be possible to solicit grant money from public or private sources such as C.D.H. grant, the Main Street Program, or Coastal Conservancy. The d likeoo o gran money being earmarked for this purpose, or of Morro Bay qualifying, is problematic; however, with sufficient community and political support, this source could prove workable. 4. If a developer were able to choose the street curve option, the on -site landscaping requirements could be reduced in proportion to the amount of planting provided on Main Street. This would cover the initial planting costs but would not address maintenance costs. S. Landscape improvements are a major contribution to any beautification program. They add visual interest, define neighborhoods, and enhance points of interest: these are basic elements of civic pride and revitalization. Such projects lend themselves to sponsorship by civic organizations or private donors. Local groups could be approached for their support of individual projects to cover initial planting costs. 6. The CMC prisoner work program offers a contract service that could be used for right-of-way maintenance. This would supplement existing park crews with low cost labor and would be a cost -saving measure, but would not be a source of funds. Also, the CA Conservation Corps is available at no cost to do periodic maintenance work. An internship program through the CCC is also possible. at a low cost to perform regular maintenance duties. This option may be. the best option available to the City. aowe +e KEY TO MAP 1 500-Year Flood Boundary 1 100-Year Flood Boundary Zone Uesignationt take e Mara 1 t NORTH MAIN ST. SPECIFIC PLAN •,r t i 100A'ear Flood Boundary ZONE v. B+ 500 Year Flood Boundary Base't:lood Elevation Line 513 With elevation In Feet-' Baserlood Elevation in Feet (EL 987) Whet! Uniform Within Zone" Elevation rlrence Mark RM7X Zone 0 Boundary River Mile •M1.5 +•Referenced to the National Geodetic Vertical Datum of 1929 EXPLANATION OF ZONE DESIGNATIONS ZONE EXPLANATION A Areas of 100-year flood; base flood elevations and flood hazard factors not determined. AO Areas of 100-year shallow flooding where depths are between one (1) and three (3) feet; average depths of inundation arc shown, but no flood hazard factors are determined. AN Areas of 100-year shallow flooding where depths are between one (1) and three (3) feet; base flood elevations are shown, but no flood hazard factors arc determined. A1-A30 Areas of 100-year flood; base flood elevations and flood hazard factors determined. A99 Areu of 100-year flood to be protected by flood protection system under construction; base flood elevations and flood hazard factors not determined. a Areas between limits of the 100•year flood and SOO- year flood; or certain areas subject to 100-year flood- ing with avenge depths less than one (1) foot or where the contributing drainage area is less than one square mile; or area protected by levees from the base flood. (Medium shading) C .Areas of minimal flooding. (No shading) D Areas of undetermined, but possible, flood huards. V Aran of 100-year coastal flood with velocity (wave action); base flood elevations and flood hazard factors not determined. VI-V30 Areas of 100-year coastal flood with velocity (wave action); but flood elevations and flood huard factors determined. FLOOD INSURANCE RATE MAP FIG. Al EXHIBIT "B" AMVQNENfS To THE LOCAL COASTAL PLAN FOR NORTH MAIN STREET SPECIFIC PLAN Amend the Land Use Plan Map to reflect the Mixed Use district boundaries shown on Figure 5, page 27 below. 4. Other Land Uses There are five additional land uses which are designated within the City. These are Agriculture, Harbor and Navigational ways, Open Space/Recreation and Mixed Uses. Agriculture: This land use designation pertains to the existing. agricultural use areas located in the Morro Valley east of Highway One and south of Highway 41, which includes lands with prime soils, prime agricultural land, land in existing agricultural use, land with agricultural potential and lands under Williamson Act contracts. All or portions of this designation may be used for grazing, dry and irrigated land crop production and auxillary uses necessary to facilitate agricultural uses. Harbor and Navigable Ways: This use designation specifically addresses that area of the city covered by seawater and includes the mouth of the bay to the southern city limits. Uses allowed in the harbor are those which must be located on the water in order to function, including intake and discharge structures, mariculture, commercial and recreational boating and support facilites, visitor -serving uses where public access is enhanced or facilitates coastal -dependent use, open space for navigation, habitat preservation and viewshed. Environmentally Sensitive Habitat: This designation is intended to protect those areas in which plant or animal life or their habitats are either rare or especially valuable because of their special nature or role in an ecosystem and which could be easily disturbed or degraded by human activities and developments. Resource -dependent activities such as fishing, clamming, hiking, viewshed enjoyment, etc., are allowable within this designation. Open Space/Recreation: This designation includes that open space which is not defined environmentally sensitive habitat and. is intended to accommodate more intensive recreational activities.' Allowable uses include golf courses, boating clubs, athletic fields, stables, campgrounds and other commercial recreation uses. Mixed Uses: The mixed uses land use designation combines ,keighbeLheed end visitor r-er-ving commercial uses and 25 1 residential-aad—p+'� uses. It recoges those areas in the City which have existing mixed use development patterns which appear to be a positive land use function worth maintaining. Uses allowed in this designation will be those which can function compatibly. Businesses which gift sh9ps, and small e far have later hours or tend to be noisy would be encouraged to locat. inrMixede usesoybspecific r areas wareas ith odesignated re ione Figureu5 are edefined as follows: ng Mixed Use Area A: Vacant lots or major dditionspofnmore ts lthan i50 New development may be subject to a review process to ensure compatibility and adherence to any special develooment or perfoLmance standards. Mixed Use Area B: new structures or a percent of the total floor area to existing structures or 2,000 square feet, whichever is greater) shall have priority for visitor - serving uses. Existing uses shall be allowed to remain excepting the above redevelopment requirement. In Mixed Use Area A, the primary permitted use is visitor -serving recreational/ commercial. The secondary permitted use is residential, however, the number of individual residential and office units or office space floor area within Mixed Use Area A, shall at no time exceed the amount existing at the time of the certification of the LUP. Existing coastal -dependent and coastal -related uses shall be protected, maintained and provided where feasible in new development. Mixed Harbor Uses shall be for recreational boating and fishing rather than commercial fishing. .visitor -serving commercial/ recreational uses shall have priority over other land uses consistent with traffic, circulation and parking constraints in the Embarcadero. The existing number of residential units located in Mixed Use Area B shall be permitted to remain. Mixed Use Area C: Lower cost visitor -serving uses shall be protected, encouraged, and where feasible provided in this area. Existing lower cost uses shall be protected and maintained; vacant parcels suitable in size and location shall be designated for such use. In Mixed Use Areas A, B and C, additional general commercial, general office, professional office and non -priority use commercial development shall be prohibited. Mixed Use Area D: Multifamily development shall be encouraged in this area. 26 Mixed Use Area E: Professional offices and public/quasi-public uses shall be encouraged in this area. Mixed Use Area F: A mixture of all uses as appropriate shall be encouraged. An'evaluation of appropriate uses on a parcel -by -parcel basis will be conducted during the implementation phases in accordance w: applicable provisions of the North Main Street Speci � 5. Overlay Designations Plan Chapter 17 71 of the zoning code. Overlay designations provide for land uses which are specific to certain locations within the City and which are allowable in more than one land use designation. The overlays are the exclusive use of the property so designated and are described as follows: Planned Development: This overlay requires that any development must occur in accordance with a precise development plan, which has received discretionary City approval. if the overlay involves residential uses, they shall be developed in accordance . with the density established under the residential land use designation. Restricted Areas: This overlay identifies those sensitive habitats within the City which have resources so environmentally sensitive that even passive recreational uses must be prohibited. Such areas include the Morro Rock Peregrine Falcon area and the heron rookery near the Stocking site. Additional areas may be added within this definition after consultation with the Department of Fish and Game and U.S. Fish and Wildlife Service. Park: This overlay identifies where public parks exist or are proposed. School: This overlay identifies the location of public schools. Public -Institutional: This overlay identifies the location of facilities which serve the public such as government buildings, power plant and transmission substations, and the City wastewater treatment facility; and quasi -public institutions such as hospital or facilities of a civic, cultural or religious nature. D. GENERAL LAND USE POLICIES Policy 0.1. The City adopts the policies of the Coastal Act (PRC Sections 30310 through 30263) as the guiding policies of the Land Use Plan. Policy 0.2. where policies within the Land Use Plan overlap, the policy which is the most protective of coastal resources shall take precedence. Policy 0.3. Where there are conflicts between the policies set forth in the Coastal Land Use Plan and those set KEY wuo LOCAL COA.TAL MAN FIGURE 5 MIXED USE AREAS I. f I • RESOLUTION NO. 42-89 RESOLUTION AWARDING THE CONSTRUCTION CONTRACT FOR PROJECT NO. PW88-07; SENIOR HOUSING - PUBLIC WORKS IMPROVEMENTS TO A.J. DIANI CONSTRUCTION COMPANY, INCORPORATED THE CITY COUNCIL City of Morro Bay, California WHEREAS, the City of Morro Bay received a grant from the California State Department of Housing and Community Development for the design and construction of Public Works Improvements in conjunction with a 40-unit Senior Housing project located on Elena Street in the City of Morro Bay and; WHEREAS, project plans and specifications were prepared and duly advertised, received and opened publicly and; WHEREAS, the construction contract shall be awarded to the lowest responsible bidder and; WHEREAS, A.J. Diani Construction Company, Incorporated of Santa Maria, California submitted the lowest responsible bid in the amount of $56,484.00. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay does hereby award the construction contract for Project No. PW 88-07: Senior Housing - Public Works Improvements to A.J. Diani Construction Company Incorporated in the amount of $56,484.00. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held thereof on the 24th day of April by the following vote: AYES: NOES: ABSENT: ABSTAIN: ATTEST: Baker, Lemons, Wuriu, Sheetz None Odell ARDITH DAVIS, City Clerk 3 if L� D CIA n n jj° 3 D s m p � m13 0 0 0 0 tA �IoI�IgIgIAI Iv to la N 1g A t9 to gM N S+ W � W llw o o 0 0 � $ O O tP� 0 0 0 0 o 8 8 �N 1 o N o' o p 0 o 0 o o 0 O w 0 p N oo' p Sub. u. a �n tw N. A IO J toe IO N N N N N o 0 0 0 N 1• IonIo o l; lV d 1_4Q V it N to kA Ivi to l°o $ � ���•� � 0 � N o O IN O a r t rA o m N y Z m • • o ()D Cb po 0o fOa Oo O 0� r M O O� O O O 0 �c Qu O O o o O to o� lk 0 w o p N N � V1NtNt � EW` o°° o Ig la 0 O W p � OO O c 0 0 rj w g O W m o o Uri QD Oo �►+ l%n W o W W 1�' 0 0 �3+ to o p °o o o O yq1 o g toJam' o b I Is O O o O° O O N N Ir. . ` w w RESOLUTION NO. 41-89 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, CALIFORNIA RELATING TO STATE DISABILITY INSURANCE FOR THE CONFIDENTIAL EMPLOYEES OF THE CITY OF MORRO BAY WHEREAS, The City of Morro Bay has met and conferred with the Confidential Employee Unit; and WHEREAS, it is required by the State that participation in the program be 100%; and WHEREAS, All members of the Confidential Employees Unit met and agreed to participate in this State Disability Insurance program; and NOW THEREFORE BE IT RESOLVED by the City Council of the City of Morro Bay, that members of the Confidential Unit shall be members of the State Disability Insurance, and shall be entitled to the benefits thereof; NOW BE IT FURTHER RESOLVED, that in accordance with the meet and confer process, participation shall be entirely paid by employees of this unit, and that the City will only participate by providing the ability of payroll deductions and administrative processes. PASSED AND ADOPTED by the City Council of Morro Bay at a regular meeting thereof held this 24th day of April, 1989, by the following roll call vote. AYES: Baker, Lemons, Odell, Wuriu,„ Sheetz NOES: None ABSENT: None ti Ardith Davis, City Clerk RESOLUTION NO. 40-89 DENYING THE REQUEST OF MORRO DEVELOPMENT COMPANY TO VACATE A ROAD EASEMENT The City Council The City of Morro Bay, California WHEREAS, a 60'-wide road easement exists across property owned by the Morro Development Company as shown on the attached Exhibit 'A'; and WHEREAS, the Morro Development Company has petitioned the City Council to vacate said easement in accordance with the provisions of the California Streets and Highways Code; and WHEREAS, the Circulation Element of the City of Morro Bay General Plan indicates a need to construct a future road project in this area to connect the Embarcadero to Atascadero Road; and WHEREAS, the City's efforts to develop modifications to its Local Coastal Plan in this area have not been completed; and WHEREAS, the City's efforts to develop a Specific Plan determining access, recreational and traffic circulation needs and policies in this area have not been completed; and WHEREAS, the subject easement is considered to be one of the viable alternatives for the construction of any future road project in this area; and WHEREAS, it is not in the best interests of the City of Morro Bay to limit any potential alternatives for future road alignments in this area at this time. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay that for the reasons set Forth herein above the petition of the Morro Development Company to vacate the said road easement is herewith denied. PASSED, APPROVED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof held on the 2'ith day of April, 1989. AYES: Baker, Lemons, Odell, Wuriu, She *iAiR4IS NOES: None ew 0 - H ❑AVIS, City Clerk CD D 3 � X O O m m 0 ad�3 ��dD m z i m R x (n eQRCQO�c40 \ \ CIDzv m Olt1\o\ip�\j \ va o o F2�G�\\ N ° m9G9 \ vn� c') M v9 \ y� m z O \ \� z Dm 8 3>m Z� OW 1 m Op gT vm U -n� �� I o� 00, I 00 I m£ m mD �Z z Iz 1 mo 0 (Pzm RESOLUTION NO. 33-89 A RESOLUTION ADOPTING AMENDMENTS TO THE MORRO BAY LOCAL COASTAL PROGRAM LAND USE PLAN TEXT AND MAP WITHIN PLANNING AREA 5. THE CITY COUNCIL City of Morro Bay, California WHEREAS, on the llth day of February 1987, the City Council adopted interim Ordinance 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 citizen's advisory committee completed its public hearings and study concerning the 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 Resollpion No. 33-89 Page 2 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, July 14th, July 18th, August 15th, and November 21st, 1988 the Planning Commission conducted duly noticed PUBLIC HEARINGS to consider the consultant's and staff's reports and recommendations concerning possible amendments, and recommended that the Land Use Plan text and map be amended to provide for various modifications and transmitted such recommendations to the City Council for consideration; and WHEREAS, on July 25th, August 22nd, September 9th, October 3rd, October 24th, November 14th, December 12th, 1988 and January 23rd, and March 27th, 1989, the City Council did conduct duly noticed PUBLIC HEARINGS to consider the supporting materials, referral report of the Planning Commission and Blue Ribbon Committee, and various recommendations concerning possible amendments to the Local Coastal Program; and WHEREAS, the City Council does determine and find that 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 local documentation is necessary; and WHEREAS, the Council did find the following facts to substantiate and necessitate the contemplated amendments to the Land Use Plan: 1. Significant changes have occurred since the original Land Use Plan was drawn up and approved over five years ago, and the City has gained experience in applying the requirements of the California Coastal Act; and 2. Specific planning studies called for in the Local Coastal Program Land Use plan are now in progress, removing the need for limitations or development in the area prior to the preparation of such plans; and 3. 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 4. Review of previously certified land use and zoning designations justify the appropriateness of limited modifications designed to enhance flexibility in planning for future shoreline access and recreation and use of the area by the commercial fishing industry; and City Council Resol*ion No. 33-89 Page 3 5. 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 for the City of Morro Bay does hereby adopt amendments to the Local Coastal Program Land Use Plan text and map as shown on the attached Exhibit "A" and Figures A and B which are made a part of this resolution and incorporated herein by reference; and 3. Said amendments shall be transmitted to the California Coastal Commission with the request that the Commission certify the amendments; and 4. Said amendments shall take effect immediately and automatically upon 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 tot he 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 27th day of March, 1989 by the following roll call vote; AYES: Baker, Lemons, Odell, Wuriu, Sheetz NOES: None ABSENT: None ATTEST: Fr?FWAKV340 i I.1 EXHIBIT "A" LOCAL COASTAL PROGRAM AMENDMENTS TO PLANNING AREAS - MORRO ROCK Local Coastal Program Land Use Plan Text .. p ae 28. a new paragraph to item C.4 is added to read: 2) Page 28, add a new map as shown by Figure A, attacneu. 11) page 42, a new paragraph D (10) is added to read: 4) page 44, item F.S.b. is revised to read: t�se-a€--t1a3s-a=ea--w 1?-be--eensEea}aed-by-eke-P''=vate-ewneask�p-e€-the-Bve B�}R-g�epeety-at-tke-e�tttea�-3naettea-e£-6eiemaxi-Br3ensiti-tlienviro environmental and-by-the-aaetab�er-eve=-advane�ag-sand-doxe6constraintltoVefutureouse n and ol habitat of Morro Rock a? -se is a eeeenda_y II- f +ha ran in the vicinity of Coleman Drive.—fmDrOv� °n}rLc ..... o nrea and 5) Page 52 Policy 1.18 is revised to read: The City -owned property located south of State Highwev 41-Aeegcaeere Road on the south side of Morro Creek shall be designated for eees2ge_eetxa the commercial fishing eernweeece=-e.=.e--:ye s<n a -eee= use by �._or similar use,, industry •for a stora_g�haul=ou�boat construction facilit or for p_"u'oli_c_and-�rivate_oDen spa ce_r_ecrea_tioGal`Lses'aria Maciiities_ e U..t=-tke-pviweay-eee-=s-r`epesee-=6'-'-eeYe=ei3r.+e5tr-<Ae- ixhibit A. - LUP Area 5 46 gage Two loses-sha€€--€e-snb3ee€-te-sAer€-€arm-€eases-a€-€€ve-te-ten-yearn-rant}}-sneh �}me-as-tke-preSerEy-is-rec7n€red-€er-€Ea-gr€every-perk+€€tad-nse- 1 6) 1 7) Page 53, a new policy 1.19 is added to read: Page 162, Policy 7.06 is revised to read (refer to errata section): precise development plan and-£=R for the }end-and-wet}and area located in the Coleman -Den Dulk area shown on Figure 9 and designated "Morro Rock Precise Development Plan Area" shall be prepared by the City. -der-vey-•ew ey-tke--bees€e}-EemR}ss}enr--Bepertenent-a€--F#sh-and-6aaer-and--S-F=eli-and ;�}}d}}€e--prier-te-a}}ew3rag-£nrti�er-deve}epeeent-a€-}lie-area. (d) Provide for publics parking in an appropriiaatte plocatark ions outside of ements and viewsheds, and provid'n for landscaping, adequate setbacks and -buffer areas. ee--determ>ned-te-be-neeessary-by-,1e 3egartesent-a€--i-:sk-and-Game-open-rev€ew-slie}}-8e-deYe}aged-and--enp}emented �r:er-te eny-deve}epment--}n-tlhe--eree-- ?lie-grab}'e--ga`k}xg-area--�aY-1�e deve}aped-�ndegendent}y--a€-the-ether-eeenpenente-a=-tHe-Berme}eprnent-iyanQse eng--es--tke--parking--- een__ned--te--tine--area--h€stee.ea11Y- €n_erma}}Y=er--t3�et--gnrgese--and--adeQnete--efltt?gat}en--as--sngges.ed--es }neergerated-irate-tk�e-gre3eet. (f) =lie-£?R--she}}-€ne}nde--brat-net--be-}?m:tad— �e-an--en'+:rens+enta1-end 3?e}eg?ea}-eesesseaent-e=-tiie-resenrees-eee�a:ned-?n-th}s-gert€en-a€-<Ae-kay and-P9erre--Aeele----?he-£?A--sl+a}?-€ae}ede--reeernmended-m=t?gat>en--rxease'-°es wh}eb-slie}}--easere-tha<--any-new-deue?egment-?s-eena€etent-w=<k-PRE-39238T 38�orr-39�33r--39�34r-39�3Sr--3E�36-arid--36�4Q-agd--w=tt,-e=}-a<tier-re}avant resew=ee-greteet:ea-pe}}e€es-eenta:ned-:n-ilia-6easta}-:yet- ,_ PAC] F I C GcEnm -W "\,h SCALE 600' Hloy. SCHOOL I, nonfio BAY II --------- U IMENk. I LILA KEISER w I PRRK -lg - �yitalH'&"'.�.h�.'dr< t.�e..iM'-•d'%<"iwF%n.:R'.JS'.':'31+x1k`':.tk'+'.^.-..:.w.x..s.. /� \ MIXED USE AREA H fl ....... POLE PLRHT ........... N .. ..... MOFRA POCK MORSO DRY o AREA 5 REVISED Figu--e' ii LUP-DESIGNATIONS A POCI FIC OCEAN c 1 N FctSlirfiRER� y� z RRER A ❑ORRO BAY HIGH SCHOOL �I AREA C I AREA C $EL'ER ric PLP.NT i I I / AREA D c W C r:OHTn SCALE: I• • 600- HIOHURV 71, 6. PO -". HT r T tI OPEN SPACE,/ RECREATION X ® COMMERCIAL,/ RECREATION FISHING Cyi OPEN SPACE/FECRERTION 6 EMU IRONAENTALLY SENSITIUE HABITAT PO PLANNED OEUELOPRENi NAP SHOL'S ONLY AREA TO Cr A:r_HOEO l�I` r I T•%Eti '_41:= t\NI�G F.SSOCL� =S I ^ EA 5."wE\1TSED � 1CJ L'ZE ��f-i JODL:r.ic?-A<,KGCONSU-SPA; itiP DESIGNATIONS ` 3 • RESOLUTION NO. 39-89 • A RESOLUTION AUTHORIZING PUBLIC AREA USE PERMIT NO. 330 FOR SPECIAL HARBOR USE BY CAL POLY CREW TO HOLD A REGATTA ON APRIL 22, 1989 T H E C I T Y C O U N C I L City of Morro Bay, California WHEREAS, Morro Bay Municipal Code requires Council autho- rization of special uses in the harbor; and, WHEREAS, Cal Poly Crew is sponsoring a regatta on April 22, 1989 from 8:00 a.m. - 12:00 noon; and, WHEREAS, Cal Poly Crew has met all conditions and require- ments found in the Code and recommended by City staff to allow use of the harbor channel from harbor marker 10 to harbor marker 20; and, WHEREAS, the City requires Cal Poly Crew to reimburse the City for the cost of Harbor Patrol assistance in halting normal harbor traffic. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Morro Bay authorizes the Director of Recreation and Parks to issue a Public Area Use Permit for the Cal Poly Crew regatta allowing special use of the harbor from 8:00 a.m. to 12:00 noon on April 22, 1989. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held on this loth day of April, 1989 by the following vote: AYES: Baker, Lemons, Odell, Wuriu, Sheetz NOES: None ABSENT: None ATTEST: �0 � �1� .i �, Recreat; n & Parksw CITY OF MORRO DAY :MIT# 00330 RE`;'IveD APPLICATION FOR APR og In PUBLIC AREA USE PERMIT GENERAL: COY Crmorrol3a ' NAME—6(LMnef` MrFA eGn/l ➢ DATE-Z-/N-e7 last tint initial ADDRESS I0311' P/6U,z)o caaroa RA. PHONE Sy6-0'7b? home Sae 1,us`5 05% O / f/ 931/0/ work city state zip IF REPRESENTING AN ORGANIZATION, COMPLETE THE FOLLOWING: ORGANIZATION NAME_GG1 eOlI CfGW n4u,h I ]profit PURPOSE OF ORGANIZATION Sv ix, ca/ rbr Af4d ,' c 1' ti PLEASE CHECK BOX �a Id non profit X. eNV--t A9 Or r4 /w..5, ie+er-as IRS Number (if non profit) 7s—-3oSr$3I Applicants relationship to Organization i A4 EVENT INFORMATION: � WILL FEE BE CHARGED? I Ives pone EVENT DATE Afx'i I , Z Z. , 19 R - It yes, please explain the purpose and amount of fee. EVENT TYPE .&ga *fa_ fdance, meeting, etc.) HOURS__4L-590to /Z am pm (please include preparation & clean-up time) ' ESTIMATED ATTENOANCE:&':;� Adults %attending that are Morro Bay residents? Will alcohol be served? I ) yes k1 no ZOO S Willa live band be performing? ()yes 14no Is electricity required? I ]yes bona 00 Total SITE INFORMATION: SITE REQUESTED L\eZee&la— rz/r 10?< RA.Cµor Sf ARR ! FOR. 2N Fn 1l aeTN l . ( lyes P1 no City streets and/or parking areas must be closed for this event. I ) yes bQ no Temporary structures are to be built for this event. ( Ives PbQQ no Open flames, refueling of vehicles or other fire hazards exist for this event. EQUIPMENT REQUESTED: Check all that apply I Ichairs ( Icones I Ibarricades I ]podium I I kitchen utensils (]garbage cans I Itables I Iflashers I IPA system I Ibases I Iscoreboard I ) concession building ( )other, specify AGREEMENT FOR USE OF CITY PROPERTY: The undersigned, herein known as the applicant, understands and agrees that he/she or the organization that he/she represents shell assume all risks for loss, damage, liability, in)ury, cost or expense that may occur during or es a result of the use listed above; she applicant further agrees that m consideration of permission to use the City property above; he; she or the organization will save, defend, and hold the City of Morro Bey and/er their employees free and her, from any loss, claims, liability or damages, and/er inluriet to persons and property that in any way may be caused by the applicants use or occupancy of said property, the applicant further agrees to It personally responsible for ay sustained to the grounds, building, fixtures or equipment, as a result of their use//ofCity property,ThearPlicanr!.'char Cersir'i.yMJar hehhe hat read�oho nrlason oereverse side Bnd eqr m�bide by mem. Dale 7' 6, `% Signature/1/C7ciL-� NOTE: This application must be accompanied bye deposit to be considered for approval. Charges and fees due 15 days prior to use. DEPARTMENT APPROVAL - Office Use Only Department [ Ives I ]no I Iwithconditions Signed: Conditions: 1. 2. 3. RECREATION AND PARKS SUMMARY - Do Not Write FEE ASSIGNMENTS: FEE SUMMARY I. @$ =$ 4. @$-$ Deposit Received l IS 2• @ E = $ 5. @ E _ $ Fees Received I IS 3. @$ _$ 6; @$-$ ' InsuranceCert.I ) Permit Approved: Date Recreation and Parks Director vmca Canary — APPrrcanr urea — Fvhi a pink — Fim l D,n n;] m O 7 7 m o o n N m O r. O L^• I A C- cn 0 -7 W d -1 - n iv •n � � O o ^ r = m u -n O _ JAY ouuDly 15 rrl <Iv Z. W, Z C n _ U D D Z O o� - cm N " _ •G n -n - n Ip n c ` - r - O n E: = o`"- T 0 s - n .1 1-5 •T� fil RESOLUTION NO. 37-89 A RESOLUTION ACCEPTING SETTLEMENT OF THE WORKERS' COMPENSATION CLAIM IN PIERCE V. CITY OF MORRO BAY THE CITY COUNCIL City of Morro Bay, California WHEREAS, a claim for Workers' Compensation benefits has been filed by Donald Pierce against the City of Morro Bay; and WHEREAS, both parties have discussed said claim; and WHEREAS, both parties have reached an agreement of said claim; and WHEREAS, the terms and conditions of said agreement are satisfactory to both parties; NOW THEREFORE BE IT RESOLVED that the City Council hereby accepts the settlement offer in the Workers' Compensation case of Pierce v. City of Morro Bay, and includes said settlement offer as part of this Resolution by reference. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held thereof on this loth day of April, 1989 by the following roll call vote: AYES: Baker, Lemons, Odell, Wuriu, Sheetz NOES: None ABSENT: None • — i a4z�i ARD TIT DAVIS, City Clerk RESOLUTION NO. 35-89 A RESOLUTION ADOPTING AMENDMENTS TO THE MORRO BAY LOCAL COASTAL PROGRAM LAND USE PLAN MAP (GENERAL PLAN MAP) FOR THE PINEY WAY VILLAGE PROPERTY THE CITY COUNCIL City of Morro Bay, California WHEREAS, on November 8, 1988 the voters of the City of Morro Bay adopted Measure "D" an ordinance amending the General Plan to change the permitted land uses from R-2 to C-1, district commercial, for the Piney Way Village property located in the City of Morro Bay generally between Quintana Road, Kennedy Way, Harbor Street, and Morro Bay Boulevard, and to revise all applicable land use policies accordingly, and to submit the Local Coastal Program Land Use Plan to the Coastal Commission for amendment and certification; and WHEREAS, on January 25, and March 27, 1989 the City Council conducted duly noticed PUBLIC HEARINGS to consider the staff report and receive public and agency comments on the specific amendments contemplated in order to comply with Measure "D"; 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 Land Use Plan 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 City Council does hereby find the following facts to substantiate and necessitate the contemplated amendments to the Land Use Plan map: 1. By operation of the citizen's initiative, Measure"DII, the City Council is bound and required to make the amendments described in the initiative, and 2. The only amendments necessary to comply with Measure "D" consist of changing the land use designation applicable to the property from medium density residential to district commercial on the Morro Bay Land Use Map. No other amendments to the General Plan or Local Coastal Program Land Use Plan are required. Resolution No. 35-0 • Page 2 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 Morro Bay does hereby adopt an amendment to the Local Coastal Program Land Use Plan map as shown on the attached Exhibit "A" which is made a part of this resolution and incorporated herein by reference; and 3. Said amendment shall be transmitted to the California Coastal Commission with the request that the Commission certify the amendment; and 4. Said amendment shall take effect immediately and automatically upon certification by the California Coastal Commission; and 5. The City Council of the City of Morro Bay, California does hereby find that this Local Coastal Program Land Use Plan map amendment is 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 this amendment 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 27th day of March, 1989 by the following roll call vote; AYES: Baker, Lemons, Odell, Wuriu, Sheetz NOES: None ABSENT: None ABBE or ATTEST: EXHIBIT A AMENDED LAND USE PLAN DESIGNATION SV i --_ _. .. <. ' ' '.'.'..'r . � I — ' _ ^--ice ^� :^—^-..... �, ! it ••�^'�i r' ' •`'. : �I i Ij I I � \ �,v _� _� Ihi�� a 1„I �,1^li ,,•; ,' ,�,, i r.� '' _ _ - i'i III i I(( II ll is II II � is I. o i� -.....:-wo '� '� li i� i, I I `l II II � I��j,,• • c "......µ Imo...•. r r. ,•._.• :�. r.-1 f'"''i C'1 [—:, ,--. � . RESOLUTION NO. 34-89 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, ANNOUNCING FINDINGS AND DENYING AN APPEAL AND UPHOLDING THE PLANNING COMMISSION'S APPROVAL OF A CONDITIONAL USE PERMIT TO ALLOW OUTDOOR SALES AND DISPLAY AND TO MAKE A NON -CONFORMING POLE SIGN CONFORMING CASE NO. CUP 03-89 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, on the 21st day of February, 1989 held a duly noticed PUBLIC HEARING to consider the request of Nancy Doherty for a conditional use permit to allow outdoor sales and display and to make a non -conforming pole sign conforming for property located at 1560 Main Street in the M-1/I/PD zone; and, WHEREAS, after said PUBLIC HEARINGS the Planning Commission did approve the request; 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 is Categorically Exempt and no further documentation is deemed necessary; and WHEREAS, on the 22nd day of February, 1989, Lester Bird appealed the action by the Planning Commission; and WHEREAS, on the 27th day of March and the loth day of April, 1969, the City Council of the City of Morro Bay, California, held duly noticed PUBLIC HEARINGS to consider the appeal; and WHEREAS, at said PUBLIC HEARINGS, after considering the letter of appeal, the Planning Commission report, and the arguments of all persons wishing to testify, the City Council found the following facts and reasons to justify denying the appeal and upholding the Planning Commission's approval of the request: 1. Outdoor display and sales of "antiques" including "pole sign" is not in conflict with or inconsistent with activities and uses permitted in the M-1/PD/I Zoned District (light industrial /planned development/interim use), or with the policies and objectives of the City of Morro Bay General Plan -Land Use Element, adopted October, 1977 or the Morro Bay Coastal Land Use Plan adopted September, 1982; and 2. Exterior display and sales of antiques improvements to or on the site and will or interfere with on site parking; and involves minimal or no not impede or constrain 11 City Council Resolution No. 34-89 Page Two 3. Exterior display and sales of antiques is essentially consistent with or not in conflict with the existing developments fronting on North Main Street; and 4. The establishment and maintenance of requested use including "outdoor" display and sales will not in this particular instance be cause of or result in impairment of, or damage to the health, safety, comfort or general welfare of persons resident in the immediate area or employed therein or dependent upon Main Street; and 5. Appropriate conditions are hereby imposed pursuant to Conditional Use Permit procedures to cause continued conformance to aforementioned findings; and 6. Pursuant to Morro Bay Municipal Code Section 14.44.020 street improvements consisting of curb, gutter, sidewalk and paveout are waived as an unwarranted imposition not bearing reasonably upon the granted use and development which utilizes existing facilities and requires merely extremely small improvement costs. 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 of Conditional Use Permit No. 03-89, subject to the conditions attached hereto. PASSED, APPROVED, AND ADOPTED, by the City Council of the City of Morro Bay, on the loth day of April, 1989, by the following vote to wit: AYES: Baker, Lemons, Odell, Wuriu, Sheetz NOES: None ATTEST: -ROSE MARIE SHE Z, Mayo - A DITH DAVI�, City Clerk I- L-1 10 CONDITIONS OF APPROVAL Case No. CUP 03-89 STANDARD CONDITIONS 1. This Conditional Use Permit is granted for the land described in the application and any attachments thereto, and as shown on the attached exhibits, 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 03-89 Page Two 7. The applicant shall enter into a binding agreement, on a form prepared by the City, to defend, indemnify, or hold harmless the City, of 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. SPECIAL CONDITIONS 8. The height of the approved pole sign shall be reduced from 30 feet to 25 feet, and a special encroachment permit shall be obtained from the Public Works Department prior to the issuance of a sign permit. Said pole sign shall be placed in a landscaped planter approved by the Community Development Director. 9. The existing sign cabinets located on the 30 foot tall pole sign shall be removed and replaced in accordance with the sign ordinance. 10. The outdoor display and sale area shall be neatly maintained with attractively displayed merchandise in a manner acceptable to the Director. 11. The permanent outdoor area shall not exceed 250 square feet except for special events. Special events are to occur no more than four times a year and shall utilize a total area of not more than 500 square feet. Duration of the special events shall not exceed 40 calendar days per year . MINUTES - MORRO BAY CITY COUNCIL REGULAR MEETING - MARCH 27, 1989 PAGE 7 MOTION: Councilmember Lemons moved for the adoption of Resolu- tion No. 35-89. The motion was seconded by Councilmem- ber Baker and unanimously carried. (5-0) MOTION: Councilmember Baker moved Ordinance No. 349 be read by title and number only. The motion was seconded by Councilmember Odell and unanimously carried. (5-0) Mr. Mapper read Ordinance No. 349 by title and number. MOTION: Councilmember Wuriu moved for approval of the first reading of Ordinance No. 349. The motion was seconded by Councilmember Lemons and unanimously carried. (5-0) D-2 CONTINUED PUBLIC HEARING ON ZONING AND LAND USE PLAN AMEND- MENTS TO LOCAL COASTAL PROGRAM PLANNING AREA 5 (CASE NO Mr. Mapper stated this item is similar in process to Item D-1; the six -week public review period has concluded with no written comments. It will be forwarded to the Coastal Commission for consideration and certification after Council adopts the enabling legislation. Mayor Sheetz opened the hearing to the public for comments; there were no comments and the hearing was closed. MOTION: Councilmember Wuriu moved for the adoption of 'Resolu- tion No. 33-89. The motion was seconded by Councilmem- ber Lemons and unanimously carried. (5-0) MOTION: Councilmember Wuriu moved Ordinance No. 348 be read by title and number only. The motion was seconded by Councilmember Lemons and unanimously carried. (5-0) Mr. Mapper read Ordinance No. 348 by title and number. MOTION: Councilmember Baker moved for approval of the first reading of Ordinance No. 348. The motion was seconded by Councilmember Wuriu and unanimously carried. (5-0) D-3 PUBLIC HEARING TO PROVIDE INFORMATION AND SOLICIT IDEAS FOR A POTENTIAL CITY APPLICATION FOR 1989 COMMUNITY DEVELOPMENT BLOCK GRANT MONIES Councilmember Odell stepped down from consideration on this item due to a possible conflict of interest. • •GE3ANO. Date - Action M E M O R A N D U M COMMUNITY DEVELOPMENT DEPARTMENT TO: Honorable Mayor and City Council SUBJECT: Area 5 LCP Amendments DATE: March 27, 1989 At the Council meeting of January 23, 1989 staff presented a brief report containing modifications to the LCP Land Use Plan text and map and to the zoning map. The Council accepted these changes as appropriate and directed staff to start the six week public review period required by the Coastal Act. The six week review has now been concluded. No comments or written communications have been received. It is now appropriate for the Council to approve the recommended amendments and direct staff to forward them to the Coastal Commission for certification. Please note, that as part of the transmittal to the Commission staff will provide a brief narrative of the amendments' compliance with the Coastal Act and some general information about environmental impacts. Both the Commission staff and the City Attorney have advised that it is not necessary for the Council to review this information prior to acting on the amendments. It is recommended that the Council take the following actions: - Receive the staff report - Open the public hearing - Approve Resolution 33-89 amending the Land Use Plan text and map - Approve Ordinance 348 for first reading, amending the zoning map WF:ml/lupdsk/ccmem.doc RESOLUTION NO. 33-89 A RESOLUTION ADOPTING AMENDMENTS TO THE MORRO BAY LOCAL COASTAL PROGRAM LAND USE PLAN, TEXT AND MAP WITHIN PLANNING AREA 5. THE CITY COUNCIL City of Morro Bay, California WHEREAS, on the llth day of February 1987, the City Council adopted interim Ordinance 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 citizen's advisory committee completed its public hearings and study concerning the 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. 33-89 Page 2 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, July 14th, July 18th, August 15th, and November 21st, 1988 the Planning Commission conducted duly noticed PUBLIC HEARINGS to consider the consultant's and staff's reports and recommendations concerning possible amendments, and recommended that the Land Use Plan text and map be amended to provide for various modifications and transmitted such recommendations to the City Council for consideration; and WHEREAS, on July 25th, August 22nd, September 9th, October 3rd, October 24th, November 14th, December 12th, 1988 and January 23rd, and March 27th, 1989, the City Council did conduct duly noticed PUBLIC HEARINGS to consider the supporting materials, referral report of the Planning Commission and Blue Ribbon Committee, and various recommendations concerning possible amendments to the Local Coastal Program; and WHEREAS, the City Council does determine and find that 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 local documentation is necessary; and WHEREAS, the Council did find the following facts to substantiate and necessitate the contemplated amendments to the Land Use Plan: 1. Significant changes have occurred since the original Land Use Plan was drawn up and approved over five years ago, and the City has gained experience in applying the requirements of the California Coastal Act; and 2. Specific planning studies called for in the Local Coastal Program Land Use plan are now in progress, removing the need for limitations or development in the area prior to the preparation of such plans; and 3. 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 4. Review of previously certified land use and zoning designations justify the appropriateness of limited modifications designed to enhance flexibility in planning for future shoreline access and recreation and use of the area by the commercial fishing industry; and City Council Resolution No. 33-89 Page 3 • 5. 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 for the City of Morro Bay does hereby adopt amendments to the Local Coastal Program Land Use Plan text and map as shown on the attached Exhibit "A" and Figures A and B which are made a part of this resolution and incorporated herein by reference; and 3. Said amendments shall be transmitted to the California Coastal Commission with the request that the Commission certify the amendments; and 4. Said amendments shall take effect immediately and automatically upon 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 tot he 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 27th day of March, 1989 by the following roll call vote; AYES: NOES: ABSENT: ATTEST: ARDTTFI-DiiVT Terk -RUSE-MARTE-SHEETZ—,Mayor IA 12) 1 a \ ExxIBIT "A" LOCAL COASTAL PR0GRAM AMENDMENTS TO PLANNING AREAS - MORRO ROCK Local Coastal Program Land Use Plan Text oa r new naragraph to item C.4 is added to read: page 28, add a new map as shown by Figure A. pnoe 42. a new paragraph D (10) is added to read: 4) page 44, item F.S.b. is revised to read! Lase-e£--#�i�s-a=ea--w>11-be--eens#*awned-lay-the-p`=Yoke-ewneesh�l3-a=-l;e-Ben Bed}t-g'ege'<y_a�-zke-e=>c3ea�-j�Rar>an.-e_-6e�eman_B=Ye-and-�e-£"be'eade^e and->3y-the-nRstal3�ereve adYaneRg-aand-eenes- The sensitive environmentand al habitnnOf ment Morro Roch inGthesvicinitv&eeenofaColemantDrive.t-Tmorove° nto future ro Ann narhino area aoiacen ce _ nnTP 5) Page 52 Policy 1.18 is revised to read: The City -owned property located south of State Highway 41-Atascadero Road Morro Creek shill be designated for eeesze=-'e-a;ed on the south side of , the commercial fishing ene-?ea.=ng eem.mevee_--e=d-=� ETs.V=a--ese= use _o ; i or simile=y.sLe industry for a sto_regeJ haul-outJboat_con<_tjuc_ion fac_i t- _cc:�-i_ies_ _ :a a open space �ecrez ionel- uses_ane _ or for -puo Tc anc" �r _ _ --_ -. - Ye=_-er-ee=r=`•o -- >e _e aY_eo_ «e=_�-_ene---eee-� e--_ee-e Pte _R ed_.Y—E=--6YrCE-� Y=�=. e_ - Xhibi- - LUP Area 5 age T%'o aces-sha}}--be-subjeet-te-skerb-Eerie-}eases-a€-€}ve-€a-�eA-years-uABi}-seed, }me-ae-Et,e-pre¢erEy-is-re�u}red-€ar-�Ea-pr}Mary-perm}EEed-user 15) Page 53, a new policy 1.19 is added to read: ;) Page 162, Policy 7.06 is revised to read (refer to errata section) - precise development plan and-£:R for the }enA-eAd-weE}ene area located in =he Coleman -Den Dulk area shown on Figure 9 and designated "Florio Rock ?recise Development Plan Area" shall be prepared by the City. -=er-reY}ew 'oy->je--Geese}-6emn>ss#eAr--DaparmeA-e�--F�ek-eAd-6aeer-EAd-ti-S-r-sh-aAd .;>}d}}se--gr�er-Ee-a}}ew¢ng-£arEi�er-eeYe}epmeAE-e=-EHe-areE. of (d) Provide for public parking in en approprieRtde plao�atimprovementse and viewsheds, and provid=n> for landscaping a by-<Ae adequate setbacks and -buffer areas. as--de0ermined-te-be-neeessE-y- 3egarERefiE-e_--^ask-EAd-Game-egeA-rev}ew-s�ie}}-8e-deMe}eped-and-�mg}emeA,ed pa.er-Ee The -pub o-E=ea--Feat'-be _eAy-develegmeAE--:A-she--area-- `p 9eve=aged-:ndegeAdenEcy--e€-Eke-eEl�er-eeregefieAzs-e_-<lae-Pe e_e,�v--eTy}}>ed :eAo--ao-_zl�e--gEr)f''Ao--''E--eeA=-fleG--ce--<?;e--area--1?_5 �e _'. ea-•„ n=erma}}y-=e='--€?1e=--gerpese--aAC--adeQee�e--�r}t>ga#}eA--as--suooe`-eed--ems neergera=ea-ante-Eire-grejee�. (f) ?ke-==R--s1iE}}-=Ae}nde--but-fiec--be-i��€ted--ze-an- enM_renwenA�e}-and 3°-8}ea4e8}-88ses8FA efi E-0`--cl?e-rese!'reee-ee ei:en -FReae-key P.(:-?le=re--1•ie alEr---�l4e-:-R--sliE}1-_fie}lte2--ree eFRffleA�eE-Fe.cio8r=efi--R9eeeur85 stlre-cl'iaz--a P.',J-P.Bw-G'a'`8=-epmen'- &-eens-E�e'.9 36iocr-36?3Sr--36�34r-36235r--36r3e-End--36;46-afiE--w=,k-E}}-E ae=_re?eveAt =esee=ee-gn8c88c=BA-gb}'_Ei88-aBficE=F.EE-:P.-cfi8-E825ca}-.A8c' PRCIFIC OCEOH I V , 0 p' 1 eb `�p+'s�"�t 'am� � M(p NOyTM ti • ll! �y�p[ ti A S CR, E c fH,wt'"'!% a4.,-j IIDRRO BRV RIGR SCHOOL LILR KEISER PRRK W ' 170jiR0 iCRu ; cs ca4�,..�". •° *" "flAER wi MIXED USE AREA H is fi I� fl \ i PGLE PLP.tiT � � G c ri0RTi0 BP.Y 910HURY• 1 I AREA 5 REVISED "i cu=e LUP-DESnNATIDNS c PnCI F I C OCEnN RRER A AREA A rtNLNry6 i i SCALE: _ ✓ cI nOFAO BAY NIGH SCHOOL C, FAEA E I I AF F_ \11 Zt1111 VMICHAY SEDER 1 PLAIT 1 1 =AREA D \\ .may fi • PG +� _;`�� OPEN SPACE / RECREATION a I COMMERCIAL/ RECREATION TISHNG v _ OPEN SPACE/FECAERTION ' :•45 \` B �.r-•. EmuIR0Y.t7E`TF.LLY SENSITIVE F'.FDITRT i PD PLANNED DEUELO?riENi C c AAP SHO.S 03LY AFEA TD Er F.'lE HOED � c \ ROC^ .1onnO DRY ^ jY j� J'' I ;r_ i•p: c „r.. -=c !.RSA 5 R-EV?S=D I �+iccYe JO, _7�L I UPDES?v/`10 S 3 t r� ORDINANCE NO. 348 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MORRO ➢AY, ANNOUNCING FINDINGS AND ADOPTING AMENDMENTS TO THE MORRO BAY LOCAL COASTAL PROGRAM IMPLEMENTATION PROGRAM (ZONING ORDINANCE) TEXT AND MAP WITHIN PLANNING AREA 5. THE CITY COUNCIL City of Morro Bay, California The City Council of the City of Morro Bay does ordain as follows: Section 1. The Council hereby makes the following findings: 1. On the llth day of February 1987, the City Council adopted interim ordinance 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 2. 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 3. 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 4. 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 5. 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 6. 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 city for consideration; and Ordinance No. 348 Page 2 7. 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 8. On June 20th, July 5th, and July 14th, July 18, August 15, and November 21, 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 recommended that the Land Use Plan text and map and the zoning map be amended to provide for various modifications, and transmitted such recommendations to the City Council for consideration; and 9. On July 25, August 22nd, September 9, October 3rd, October 10, October 24th, November 14th, and December 12, 1988, and January 23rd, and March 27th, 1989 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 10. The City Council does hereby determine and find that for the purposes of the California Environmental Quality Act that the contemplated amendments to the Local Coastal Program Zoning map, the supporting information are exempt from CEQA as the functional equivalent of an Environmental Impact Report and that for purposes of CEQA the Coastal Commission is the lead agency, and no further local documentation is necessary; and 11. Significant changes have occurred since the original Local Coastal Program was drawn up and approved over five years ago. Revisions and changes are warranted by both the altered physical conditions of Morro Bay and by the experience gained in application of the Coastal Requirements as the community has grown and responded to the needs of its citizens; and 12. Specific planning studies called for in the Local Coastal Program Land Use plan are now in progress, removing the need for limitations on development in the area prior to the preparation of such plans; and 13. Review of previously certified land use and zoning designations justify the appropriateness of limited modifications designed to enhance flexibility in planning for future shoreline access and recreation and use of the area by the commercial fishing industry. 1.4. 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 Ordinance No. 348 Page 3 15. 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 16. The amendments to the official zoning map made herein are necessary to conform to and implement the amendments to the Local Coastal Program Land Use Plan set forth in Resolution No. 33-89; and 17. The City of Morro Bay hereby finds that the Local Coastal Program zoning map amendments are in compliance with the intent, objectives, and policies of the California Coastal Act and that the City will carry out the Local Coastal Program, including these amendments in a manner fully consistent with the California Coastal Act and all its provisions. Section 2. Chapter 17 of the Morro Bay Municipal Code official Zoning map, is amended as shown on Exhibit "A", attached hereto and made a part of this ordinance. Section 3. To implement the amendments adopted herein the City Council of the City of Morro Bay, CAlifornia hereby directs as follows: 1. This Ordinance containing the Zoning map Amendments set forth in Section 2. above shall be transmitted promptly to the California Coastal Commission with the request that the Commission certify the Amendments; and 2. This Ordinance shall take effect immediately and automatically upon said certification. PASSED, APPROVED, AND ADOPTED, by the City Council of the City of Morro Bay at a regular meeting held thereof on the 27th day of March, 1989 by the following roll call vote: AYES: NOES: ABSENT: ATTEST: A1FbITR—bA V78`_C i Ey—Z`i'e rk APPROVED AS TO FORM: JQbY—SKIIt18ER;"CiEy A1=1=oiney Ri5 r-MTRTE-SREETZ; M-Syor MIDA 01-21 S'2 % i • OA-I/ C:j-N R I/PD / ;,II 11 R-A S p EV/ R I? R-I/PD OPD A -I/ 1 j `�� •\....• PD/I OA-I/PD OA-I/PD PD/ /PDI CF/PD A- Z/ PD W.ORRO ROCK I C., S/S-4 C E S`/ IV, S- : 0 D:_--, 3 CON Sli '=-'-N . I A-1 Il AT A RESOLUTION NO. 32-89 RESOLUTION DECLARING WEEDS A NUISANCE AND FIRE HAZARD AND AUTHORIZING THE PUBLIC WORKS DEPARTMENT T❑ PROCEED WITH ABATEMENT T H E C I T Y C 0 U N C I L City of Morro Bay, California BE IT RESOLVED that the City Council of the City of Morro Bay does hereby act in accordance with Chapter 8.12 of the Morro Bay Municipal Code by declaring weeds a public nuisance and Fire hazard, and hereby authorizes the Public Works Department to take the necessary steps to implement this year's Weed Abatement Program; and BE IT FURTHER RESOLVED that a public hearing shall be held by the City Council of the City of Morro Bay on May 22, 1989 at 6:00 p.m. in the Morr❑ Bay Veterans Hall to hear comments From individuals wh❑ received notice t❑ abate their parcels. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof held the 27th day of March, 1989, by the Following roll call vote: AYES: Baker, Lemons, Odell, Wuriu, Sheetz NOES: None ABSENT: None ROSE MARIE SHEETZ, Mayor ATTEST: ARDITH DAVIS, City Clerk RESOLUTION NO. 31-89 A RESOLUTION DETERMINING THE INDUSTRIAL DISABILITY OF LOCAL SAFETY MEMBER, JOHN M. MALMQUIST THE CITY COUNCIL City of Morro Bay, California WHEREAS, the City of Morro Bay (hereinafter referred to as Agency) is a contracting agency of the Public Employees' Retirement System; and WHEREAS, the Public Employees' Retirement Law requires that a contracting agency determine whether an employee of such agency in employment in which he is classified as a local safety member is disabled for purposes of the Public Employees' Retirement Law and whether such disability is "industrial" within the meaning of such Law; and WHEREAS, an application for disability retirement of John M. Malmquist, employed by the Agency in the position of Police Sergeant has been filed with the Public Employees' Retirement System; and WHEREAS, the City Council has delegated to the City Administrator the authority to make determinations under Section 21023(c), Government Code, on behalf of the City of Morro Bay; and BE IT RESOLVED that the City Council hereby accepts the attached Determination of Industrial Disability by its authorized delegate, and includes said determination of Industrial Disability as part of this Resolution by reference. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held thereof on this 13th day of March, 1989 by the following roll call vote: AYES: Baker, Lemons, Wuriu, Sheetz NOES: None ABSENT: Odell 42 � Z-2,o ARDITH DAVIS, City Clerk RESOLUTION NO. 30-89 A RESOLUTION ACCEPTING SETTLEMENT OF THE WORKERS' COMPENSATION CLAIM IN MALMQUIST V. CITY OF MORRO BAY THE CITY COUNCIL City of Morro Bay, California WHEREAS, a claim for Workers' Compensation benefits has been filed by John M. Malmquist against the City of Morro Bay; and WHEREAS, both parties have discussed said claim; and WHEREAS, both parties have reached an agreement of said claim; and WHEREAS, the terms and conditions of said agreement are satisfactory to both parties; NOW THEREFORE BE IT RESOLVED that the City Council hereby accepts the settlement offer in the Workers' Compensation case of Malmquist v. City of Morro Bay, and includes said settlement offer as part of this Resolution by reference. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held thereof on this 13th day of March, 1989 by the following roll call vote: AYES: Baker, Lemons, Wuriu, Sheetz NOES: No. ABSENT: Odell AEM IEWSHE,Mayor ARDITH DAVIS, City Clerk . . , c RESOLUTION NO. 29-89 ESTABLISHING MODERATELY -RESTRICTED WATER SUPPLY CONDITIONS T H E C I T Y C O U N C I L City of Morro Bay, California WHEREAS, the City of Morro Bay obtains the entirety of its municipal water supply from groundwater wells in the underflows of Morro and Chorro Creek Basins; and WHEREAS, annual rainfall has been insufficient to adequately recharge the aquifers from which the water supply is drawn to produce adequate water supply for the coming dry season; and WHEREAS, unprecedented intense agricultural irrigation upstream of City wells in the Chorro Basin has contributed to a depletion of said aquifers; and WHEREAS, the condition of said aquifers may decline to a point where pumping capacity in the City's municipal well system may become diminished; and WHEREAS, it is necessary for the immediate preservation of the public peace, health, and safety that the City of Morro Bay implement mandatory water conservation measures in order to insure an adequate water supply for the citizens of the City of Morro Bay. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Morro Bay as follows: I. The City Council hereby declares the water supply condition of the City of Morro Bay at this time to be "Moderately Restricted". 2. The City Council hereby institutes and imposes mandatory water conservation measures on all customers of the City of Morro Bay water system as described in Morro Bay Municipal Code Section 13.04.350.B (Ordinance No. 347) "Moderately -Restricted Water Supply Conditions". PASSED, APPROVED, AND ADOPTED on this 13th day of March, 1989 by the following vote: AYES: Baker, Lemons, Wuriu, Sheetz NOES: None ABSENT: Odell x�z )ze ROSE MARIE SH9ETZ, Mayolf ATTEST: AIZDITH DAVIS, City Clerk RESOLUTION NO. 27-89 RESOLUTION AUTHORIZING CITY ADMINISTRATOR TO EXECUTE TRANSFER OF REAL PROPERTY (PEOPLES' SELF HELP HOUSING CORPORATION/OCEAN VIEW MANOR, INC.) 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 entered into an agreement with the State of California Department of Housing and Community Development (Contract No. 87-STBG-227) to assist the development of a low-income senior rental housing project; and WHEREAS, said contract specifies the City will purchase the land for said project (APN 68-301-11; Parcel 1 of Parcel Map MB-88-121) from the Peoples' Self Help Housing Corporation and shall immediately sell it to Ocean View Manor, Inc.; and WHEREAS, the City Council of the City of Morro Bay has approved the coastal permit, conditional use permit, and final parcel map for the development of said housing project; and WHEREAS, the property transfer and development of said project have been reviewed by the Planning Commission and found to be in conformance with the City General Plan; and WHEREAS, the City Attorney has reviewed this transaction and found it to be in conformance 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 property transaction. This authorization shall include the opening and closing of escrow and execution of all documents necessary to facilitate the transfer of the property. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held on the 13th day of March, 1989, by the following vote: AYES: Baker, Lemons, Wuriu, Sheetz NOES: None ABSENT: Odell ROSE MARIE SH Z, Mayor ATTEST: ARDIT DAVIS, City Clerk . . tlYr � • RESOLUTION NO. 25-89', A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, ANNOUNCING FI-NDINGS AND APPROVING THE FINAL DRAFT OF THE SAN LUIS OBISPO COUNTY HAZARDOUS WASTE MANAGEMENT PLAN (NOVEMBER, 1988) AND THE FINAL ENVIRONMENTAL IMPACT REPORT T H E C I T Y C 0 U N,C I L City of Morro Bay, California WHEREAS, Chapter 1504 of the Government Code requires the County of San Luis Obispo to prepare a Hazardous Waste Management Plan and facility siting procedures; and WHEREAS, the County of San Luis Obispo with input from the Waste Management Commission has prepared a Tinal County Hazardous Waste Management Plan; and WHEREAS, the County of San Luis Obispo has completed a Final Hazardous Waste Management Plan Environmental Impact Report which the City, as a responsible agency under the California Environmental Quality Act, has fully considered during review of the County Hazardous Waste Management Plan; and WHEREAS, the County Hazardous Waste Management Plan shall be approved by a majority of the cities within the county which contain a majority of the population of the incorporated areas and; WHEREAS, the County of San Luis Obispo has requested approval of the County Hazardous Waste Management Plan from incorporated cities within the county; and WHEREAS, the City Council has reviewed, commented and forwarded suggestions to the County during the process of preparation of the County Hazardous Waste Management Plan and Environmental Impact Report. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Morro Bay, California, to: 1. Recommend certification of the Final CHWMP Environmental Impact Report to the San Luis Obispo County Board of Supervisors • City Council Resolution No. 25-89 Page Two 2. Approve the San Luis Obispo County Hazardous Waste Management Plan (Nov. 1988) incorporting the final changes and corrections prepared by the County in February 1989 and including: a) goals, objectives and policies b) plan implementation 3. Direct City Clerk to send a copy of this resolution as executed to : G.H. Rowland, M.D., Health Agency Director Department of Public Health P.O. Box 1489 San Luis Obispo CA 93406 PASSED, APPROVED, AND ADOPTED, by the City Council of the City of Morro Bay, on the 27th day of February, 1989, by the following vote to wit: AYES: NOES: Baker, Lemons, Odell, Wuriu, Sheetz None ABSENT: None H—DAVTSI--Crfy—UTerk RESOLUTION NO. 24-89 A RESOLUTION RATIFYING THE CITY OF MORRO BAY'S APPLICATION TO THE CALIFORNIA ENERGY COMMISSION FOR TECHNICAL ASSISTANCE T H E C I T Y C 0 U N C I L City of Morro Bay, California WHEREAS, SB 880 has provided funds to the California Energy Commission (CEC) for energy support to local governments through the Energy Partnership Program; and WHEREAS, the City of Morro Bay qualifies to participate in said program; and WHEREAS, the City of Morro Bay recognizes that CEC technical assistance will allow better use of limited staff resources and provide expertise to deal with energy matters; and WHEREAS, the City of Morro Bay has determined a need for CEC technical assistance for two projects, one relating to a fuel/fleet management system upgrade and the other relating to the development of a convenient, comprehensive, integrated, and cost-effective waste reduction/recycling program involving residential and commercial wastes, including curbside recycling and a buy-back center; and WHEREAS, to assure funding under said program, the City of Morro Bay submitted an application for said projects which now requires City Council ratification to be considered further by CEC. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay as follows: 1. The City's application to the CEC for the two projects described hereinabove is hereby ratified; and 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 held on the 27th day of February, 1989, by the following vote: AYES: Baker, Lemons, Odell, Wuriu, Sheetz NOES: None ABSENT: None ATTEST: ARDITH DAVIS, City Clerk RESOLUTION NO. 23-89 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, ANNOUNCING FINDINGS AND DENYING THE APPEAL AND UPHOLDING THE PLANNING COMMISSION'S APPROVAL OF A TENTATIVE TRACT MAP AND COASTAL DEVELOPMENT PERMIT TO ALLOW A RE - SUBDIVISION OF 1.7 ACRES INTO SIX RESIDENTIAL LOTS T H E C I T Y C 0 U N C I L City of Morro Bay, California CASE NO. TM 02-87/CDP 14-87R WHEREAS, the Planning Commission of the City of Morro Bay, California, on the 3rd and 16th days of January, 1989 held a duly noticed PUBLIC HEARING to consider a request by Twila Breen and R & N Atchley for approval of a Tentative Tract Map and Coastal Development Permit to re -subdivide a 1.7 acre portion of Dirk's subdivision creating six low density single family residential lots on property generally located on the north side of Mimosa Street; and, WHEREAS, after said PUBLIC HEARINGS the Planning Commission did approve the request; and 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 the 26th day of January, 1989, Paul Price appealed the Planning Commission's action to the City Council; and WHEREAS, on the 27th day of January, 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 denying the appeal and upholding the Planning Commission approval: 1. The proposed tentative tract map is in conformity with Morro Bay Municipal Code Chapter 16 (Subdivisions) as to design, drainage, utilities, road improvements and offers of deed or dedication pursuant to the attached conditions. 2. The proposed tentative tract map is in conformity with the Local Coastal Land Use Plan, General Plan, and Zoning Ordinance. City Council Resolution No. 23-89 Page Two 3. The proposed tentative tract map is in conformity to the State Subdivision map Act. The" proposed subdivision provides east -west exposures, thereby providing passive solar heating and cooling opportunities; the site is generally flat and is physically suitable for the project; 4. The project was found not to have substantial environmental impacts; the project will create new lots explicitly for residential purposes, and, thus, contribute to the region's housing 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 uphold the Planning Commission's approval of Case No. TM 02-87/CDP 14- 87R, subject to the conditions attached hereto. PASSED, APPROVED, AND ADOPTED, by the City Council of the City of Morro Bay, on the 27th day of February, 1989, by the following vote to wit: AYES: Baker, Lemons, Odell, Wuriu, Sheetz NOES: None ABSENT: None ATH DAVIS, i y er All! mg • : fo1 .OW CONDITIONS STANDARD CONDITIONS This Tentative Map and Coastal Development Permit are granted for the land described in the application and any attachments thereto, and as shown on the exhibits attached hereto, 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. 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. 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. 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 TM 02-87 (Tract 1529)/CDP 14-87R Page Two SPECIAL CONDITIONS 7. No residential construction shall take place prior to the award and approval of water equivalencies by the City. 8. 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. 9. All utilities, including electrical, telephone and cable television, shall be installed underground. 10. Curb, gutter, and sidewalk shall be installed along the subject property's Ironwood Avenue frontage and the curbs and gutters shall connect to the off -site improvements of the Loperena Tract. Said improvements shall be in conformance with City standards, and as approved by the City Engineer. 11. Where archaeological resources are discovered during site preparation, grading, and/or the construction of any improvements all activities shall cease. Such activities may resume when the Director finds the following: a. That a qualified archaeologist knowledgeable in Chumash culture has determined the significance of the resource and has designated mitigation measures for the protection of such resources. b. That the potential impacts of the development will be mitigated in the manner recommended by the archaeologist, and/or by one of the following techniques: i. Removal of artifacts; ii. Dedication of impacted area as permanent open space; iii. Coverage of the archaeological site by at least twenty-four inches (24") of sterile sand; iv. Any other available measures to avoid development of significant archaeological sites, including purchase tax relief and transfer of development rights. Conditions of Approval TM 02-87 (Tract 1529)/CDP 14-87R Page Three 12. Prior to recordation of the final map, the Mimosa Street right-of-way shall be acquired, constructed, and accepted by the City for use by the public. 13. Drainage improvements shall be designed in accordance with city standards and shall be reviewed and approved by the Public Works Director prior to approval of the final map. 14. The applicant shall provide a 24 foot wide private driveway to serve as a point of ingress/egress for lots 4 and 5. i �- \\\§}\ j§ / \) �� \ \ .- | Eq& §\| �� }� } � Duo CED RESOLUTION NO. 22-89 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, ANNOUNCING FINDINGS AND DENYING THE APPEAL AND APPROVING A VARIANCE TO ALLOW CONSTRUCTION OF A SINGLE FAMILY RESIDENCE ON A SUBSTANDARD LOT T H E C I T Y C O U N C I L City of Morro Bay, California CASE NO. VAR 23-88 WHEREAS, the Zoning Administrator of the City of Morro Bay, California, on the 8th day of December, 1988 held a duly noticed PUBLIC HEARING to consider the request of Gerald Schlesinger for a Variance to allow construction of a single family residence on a substandard lot located at 2670 Hemlock in the R-1/S.2 zone; and WHEREAS, after said PUBLIC HEARING and consideration of all public testimony the Zoning Administrator approved the Variance Request; 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 Negative Declaration for purposes of the California Environmental Quality Act; and WHEREAS, on the 18th day of December, 1988, Mary Phillips did appeal the action by the Zoning Administrator to the Planning Commission; and WHEREAS, the Planning Commission of the City of Morro Bay, California, on the 16th day of January, 1989 held a duly noticed PUBLIC HEARING to consider the appeal of Mary Phillips; and WHEREAS, after said PUBLIC HEARING the Planning Commission did deny the appeal and uphold the Zoning Administrator's approval of the Variance request. WHEREAS, on the 26th day of January, 1989, Mary Phillips did appeal the action by the Planning Commission to the City Council; and WHEREAS, on the 27th day of February, 1989, the City Council of the City of Morro Bay, California, held a duly noticed PUBLIC HEARING to consider the appeal; and e % • • City Council Resolution No. 22-89 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 its denial of the appeal and approval of the variance: 1. That because of special circumstances applicable to the subject property, including size, shape, topography, location of surroundings, the strict application of the zoning ordinance would deprive the subject property of privileges enjoyed by other nearby properties in the same zone; 2. That the variance will not constitute the grant of a special privilege inconsistent with the limitations upon other properties in the vicinity and zoning district in which the subject property is situated. 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 Case No. VAR 23-88, subject to the conditions attached hereto. PASSED, APPROVED, AND ADOPTED, by the City Council of the City of Morro Bay, on the 27th day of February, 1989, by the following vote to wit: AYES: Baker, Lemons, Odell, wuriu, Sheetz NOES: None ABSENT: None A� Z'i�rk .O_ CONDITIONS OF APPROVAL Case No. VAR 23-88A STANDARD. CONDITIONS 1, This Variance 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. �� i r I N ��" ' tiLO rj in I 4o H a � JO N V r i OOL rn �� Y� �G'J � 4 M � O Q h W e a, CPI i LQ CLoLu J f �'� I N N O b• N ti N O rcc — J oB—aQ: �cr� M c' 1 n� 0OB rA z co ,c4 n L 14 m=• — _ M N w C 1S Ndnr Nd5 r N O N M p N S .�© _____—_ 0 M ^� _ n lD '� T V m r m COI\ f 0) G Q tO' ss% c rl._ co 40 CO 1 IL S a SDP .. = N f9� M OJ � i� ; n H N I o((<, �. _ O + OO �/ to w co co Oo- Z0 _ Q : W o .rO —00 J r w N w AO aI 0 = OS OS ^ �L"J•O� MP On n OS c SB' L ® M I6'08 09 9tiOb ; � .l.Iw�� t1N3-13 � ® N gAv ON31-3 ar N J b L •ls J r WWu qcV I N O C N �— Lbi{v ILt;o -yF'o £'s<a 1i I N �Y I IL'09 Lb� 99 � V- cast NO. VRK 3J? [.XNIBIT___.e� R E S OLUT = ON WC)- 2 1— 8 9 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, CALIFORNIA DECLARING 1989 ^THE YEAR OF THE YOUNG READER", AND WELCOMING THE ESTABLISHMENT OF THE JUNIOR FRIENDS OF THE MORRO BAY LIBRARY T H E C I T Y C O U N C I L City of Morro Bay, California WHEREAS, books and reading are the basic nourishment of a growing mind and the foundation a child's future education and enrichment; and WHEREAS, developing children into readers today is the best way of ensuring a literate and informed citizenry tomorrow; and WHEREAS, the Book Industry Study Group and others have reported a decline in book reading among young people in recent years; and WHEREAS, since 1983 the National Commission on Excel- lence, the Commission on Reading, and The Librarian of Congress have urged this Nation to give renewed attention to encouraging a love of books and reading among our young people; and WHEREAS, the Senate, the House of Representatives, and the President of the United States of America have desig- nated 1989 as "The Year of the Young Reader". NOW, THEREFORE, BE IT RESOLVED that,the City Council of the City of Morro Bay, California, does hereby declare 1989 as "The Year of the Young Reader", and herewith encourages parents, educators, librarians, government officials, mem- bers of the book community, corporations, associations, and the people of the City of Morro Bay to observe said year with appropriate programs, ceremonies, and activities aimed at giving our children and young adults, the gift, the joy, and the promise of reading; and BE IT FURTHER RESOLVED that the Morro Bay City Council expresses its delight and congratulations upon the formation of a Junior Friends of the Morro Bay Library to be commemo- Resolution No. 21-89 Page Two rated by ceremony on 04 March 1989, and welcomes the event as a promising signal of the re-emergence of new attitudes towards the importance of books for children and young adults. PASSED AND ADOPTED by the Morro Bay City Council at a regular meeting thereof held on the 27th day of February, 1989 on the following vote: AYES: Baker, Lemons, Odell, Wuriu, Sheetz NOES: None ABSENT: None ATTEST: ARDITH DAVIS, City Clerk RESOLUTION No. 20-89 A RESOLUTION REJECTING THE OFFER OF DEDICATION OF A PUBLIC UTILITIES EASEMENT AND ACCEPTING THE OFFERS OF DEDICATION FOR AN ADDITION T❑ THE'ELENA STREET RIGHT-OF-WAY AND A WATERLINE EASEMENT MADE ❑N THE PEOPLE'S SELF HELP HOUSING PARCEL MAP MBAL 88-121. THE CITY COUNCIL City of Morro Bay, California WHEREAS, the City Council of the City of Morro Bay, California, on the 12th of september 19BB, did uphold the Planning Commission's approval of the Peoples Self Help Housing Project's Tentative Map MBAL BB-121; and WHEREAS, the offer of dedication for a Public Utility Easement was made on behalf of the Public on Parcel Map MBAL BB- 121 for which the City has no need; and WHEREAS, Section 66g77.1 of the Subdivision Map Act requires the City to reject any offer of dedication it does not wish to accept; and WHEREAS, offers of dedication for a Waterline Easement and an addition to the Elena street right-of-way were made ❑n Parcel Map MBAL 66-121 as required in the Conditions of Approval for the Peoples Self Help Housing Project. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay, that it does reject the offer of dedication for a Public Utility Easement on behalf of the Public, and accepts the offers ❑f dedication for an addition to the Right -of -Way to Elena street and a Waterline Easement made on Parcel Map MBAL 88-121. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held thereof on the 27th day of February 1989, by the following vote: AYES: Baker, Lemons, Wuriu, Sheetz NOES: None ABSENT: None ABSTAIN: Odell AT T E/STT ARDITH DAVIS, CITY CLERK t;3-3 Q d�ssso a'p,g $�i3e .S.;u $ s s 4 ue+O WGI ti o Gx II G Off G �fr l ��A p;OR 'a'S m0 o % U n °g eo 7 i� 6m i&ng coco M�y R�?m Q=o1 � 0 =ae ry tl SN i$ n 0 2 Q C ° e ° m t 1 ... — m 20' A C a ^ Epp y G $t n 3' p 8G n mo o� 00 �a s S s; 9 �e i •3RkoRR� is 0 fl =` o o33o'esok n e� v B•.a •gs_ ° 9 goas4 ^ q;4 0 9•s��oaog & saSL _ssa; e vial � _ Z fv p?o E ° %� r m 3• 3 O � 9_I a�oo $�•R2 =g � A. S q o Fri .. %.$ ... _. G g F i R O S•- m A m Q v 5 9I° 1 q3 2'83�oSQ O p 'c � 0 ag�;gQ�fl A �•3 r z � SRo95. G A R � (� D zq3°9o5R �S• s:§ y m � k D u � m �v fl�mq •'^ �� In o'er =4 m •<go is 0 r i � rusar a,w•r •ussrav �, H' Ofhr of D•dimtkn y 1 xL Y pp, V i+ i r ar W Jr a :neo• t a y r i i role film film & a t, . i• • fill aak• t p p '.j '� i t Z ���_ � Fes► ? p jj� Z1 V FIY t RESOLUTION NO. 19-89 RESOLUTION REJECTING BIDS AND STATING FINDINGS OF FACT FOR THE USE OF DAY LABOR - WATERLINE REPLACEMENT PROJECT NO. PW 87-10 THE CITY COUNCIL City of Morro Bay, California WHEREAS, on February 27, 1989 at a duly noticed PUBLIC HEARING the City Council of the City of Morro Bay considered the project cost and bids submitted for a waterline replacement project; and WHEREAS, at said PUBLIC HEARING, after considering the staff report, oral reports, and the arguments of all persons, if any, wishing to testify, the City Council makes the following findings of fact: 1. The project consists of the construction of 17,236 l.f. of 6-inch waterline and the replacement of 33 sub- standard fire hydrants. 2. Under the terms of the request for bids, all materials are to be supplied by the City of Morro Bay. 3. The Public Works Department of the City of Morro Bay has estimated the manhours required to install the underground waterline; estimated the direct and indirect salary costs relating to the City personnel required to install said line; estimated the equipment required to install the said line and reasonable rental value of such equipment; and WHEREAS, the Public Works Department has determined that the City, by day labor, can install the underground waterline at a cost of approximately $19.30 per l.f.. the low bid equates to a unit cost of $23.13 per l.f. A detailed estimate of City's cost is attached as Exhibit "A". In making the necessary calculations, the Public Works Department relied upon the Department of Public Works' equipment rate schedule. Labor and equipment rates are based on maximum six -hour work days allowing two -hours per day to attend to other duties. Labor costs are taken from the City of Morro Bay's productive hourly rates schedule for public services, which is a cost allocation plan prepared annually by the City's Finance Department. Labor costs include gross hourly wages, hourly fringe benefits (which include PERS, health insurance, dental insurance, workers' compensation, vacation, sick leave, etc.), and overhead at 44%. It is assumed that City staff, consisting of a four -man crew in the field, can lay approximately 150 l.f. of waterline per day; and EXHIBIT A FORCE ACCOUNT BID ITEMS WATERLINE REPLACEMENT PROJECT PW 87-10 1. Mobilization L.S. 1,678 2. Saw cut A.C. Pvmnt 32,084 l.f. @ $0.65/l.f. 20,855 3. 6" PVC 17,236 l.f. x $4.63/l.f. 79,802 4. Tie -Over L.S. 1,322 5. Disposal 3,900 c.y. x $7.59/c.y. 29,601 6. Backfill sand, 2750 c.y. x $11.54/c.y. 31,735 7. F.H. Assemblies, 33 x $292/ea. 9,636 8. Valves, etc., 152 x $153/ea. 23,256 9. Single Service, 292 x $126/ea. 36,792 10. Double Service, 12 x $126/ea. 1,512 11. Trench Resurfacing, 4,700 s.y, x $18.23/s.y. 86,621 12. Pressure and Leak Testing, L.S. 4,459 13. Disinfection, L.S. 5.171 TOTAL COST $332,440 $332,400 17,236 l.f. _ $19.29 /l.f. DETAILED COST ESTIMATE WATERLINE REPLACEMENT PROJECT PW 87-10 Labor and equipment rates are based on maximum 6 hour work day, allowing 2 hrs./day to attend to other duties. Costs of equipment are taken from the Department of Public Works Equipment Rate Schedule. Backhoe: $10/hr. x 6 hrs. _ $60.00/day Dump Truck: $8.50/hr. x 6 hrs. _ $51.00/day 2 Service Trucks: $5.00/hr. x 2 x 6 hrs. _ $60.00/day Loader: $12.50/hr. x 6 hrs. _ $75.00/day EQUIPMENT TOTAL = $246/day Labor costs are taken from the City of Morro Bay's Productive Hourly Rate Schedule for Public Services which is a cost allocation plan prepared annually. These Labor Costs include gross hourly wages, hourly fringe benefits, (which includes PERS, health insurance, dental insurance, worker's comp, vacation, sick leave, etc.) and overhead at 44%. These are FY 88/89 Rates, and will increase for FY 89/90. Maint. Super. @ $36.16/hr. x 6 hrs. _ $216.96/day Maint. Leadwkr @ $29.44/hr. x 6 hrs. _ $176.64/day Maint. Wkr III @ 27.91/hr. x 6 hrs. _ $167.46/day Maint. Wkr II @ $26.40/hr. x 6 hrs. _ $158.40/day TOTAL LABOR = $119.91/hr. X 6 hrs. _ $719.46/day City Staff can lay approximately 150 LF of waterline per day. BID -ITEMS: 1. Mobilization - No cost was assigned to mobilization per say as work is to be performed with City -owned equipment which is already on hand. All equipment is kept at City Yard when not in use. Layout Costs: 2. 3. Labor: Engr. Tech II 8 days @ 6 hr./day @ $29.02/hr. _ $1,393 Equipment: 1/2-Ton Pickup 8 days @ 6 hr./day @ $5.00/hr. _ $ 240 Materials: 1 case marking paint @ $45.00/case = $ 45 1 stringline (re -usable from stock) _ $ 0 TOTAL COST FOR MOBILIZATION = $1,678 Saw Cut Pavement - City will hire firm to do saw cutting as needed at an average cost of $0.65/l.f. Saw Cut Pavement $0.65/l.f. x 32,084 l.f. _ $20,855 TOTAL COST TO SAW CUT PAVEMENT _ $20,855 Install 6" PVC includes the costs for labor and equipment for excavation, installation, backfill and cleanup. 6" PVC: 17,236 l.f. - 150 l.f./day = 115 days Labor: Maint. Super. @ $36.16/hr. x 6 hrs. _ $216.96/Day Maint. Leadwkr @ $29.44/hr. x 6 hrs. _ $176.64/Day Maint. Wkr III @ 27.91/hr. x 6 hrs. _ $167.46/Day Labor Total = $93.51/hr. x 6 hrs. _ $561.06/Day Labor Costs: 3 Wkrs. @ $561.06/day x 115 days = $64,522 Equipment: Backhoe $10.00/hr. x 6 hrs. _ $ 60.00/day 2 Service Trucks @ $5.00/hr. x 2 x 6 hrs. _ $ 60.00/day Loader @ $12.50/hr. x 1 hr. _ $ 12.50/day Equipment Total $132.50/day Equipment Costs: $132.50/day x 115 days = $15,238 Total = $79,760 $79,760 ; 17,236 L.F. _ $4.63/L.F. TOTAL COSTS TO INSTALL 6" PVC = 17,236 L.F. x $4.63/L.F. _ $79,802 4. , Fire Protection System Tie -Over Labor: Maint. Super. @ $36.16/hr. x 8 hrs. _ $ 289.28 Maint. Lead Wkr. @ $29.44/hr. x 8 hrs. _ $ 235.52 Maint. Wkr. III @ $27.91/hr. x 8 hrs. _ $ 223.28 Maint. Wkr. II @ $26.40/hr. x 8 hrs. _ $ 211.20 2 Maint. Wkrs. II @ $26.40/hr. x 2 hrs. _ $ 52.80 Labor Costs: $1,012.08 Equipment: Backhoe: $10.00/hr. x 2 hrs. _ $20.00 Dump Truck: $8.50/hr. x 4 hrs. = $34.00 Equipment Costs: $54.00 Materials: Saw cutting $0.65/l.f. x 120 l.f. _ $ 78.00 Disposal $4.50/c.y. x 7 c.y. _ $ 31.50 Backfill sand $7.16/c.y. x 5 c.y. _ $ 35.80 9" Class II Aggr. Base $9.22/ton x 2 tons = $ 18.44 Concrete Sidewalk (Replace if necessary) $60/c.y. x 1/4 c.y. _ $ 15.00 Concrete Thrust Block $60/c.y. x 1/4 c.y. _ $ 15.00 Cold Mix AC Pvmt $31.01/ton x 1/2 ton = $ 15.51 Hot Mix AC Pvmt $23.50/ton x 2 ton = $ 47.00 Material Costs $ 256.25 TOTAL COST FOR TIE -OVER = $1,322 5. Disposal - spoils are transported by City forces to City Corporation Yard and stockpiled. City hires stockpile removed as needed. Costs include dump fees. Transport Costs: Labor: Maint. Wkr. II @ $26.40/hr. x 3 hrs./day x 115 days _ $9,108.00 Equipment: Dump Truck: $8.50/hr. x 3 hrs./day x 115 days _ $2,932.50 Stockpile Removal Costs: $45.00/load - 10 c.y./load = $4.50/c.y. 3900 c.y. x 4.50/c.y. _ $17,550 $29,590 _ 3,900 c.y. _ $7.59/c.y. Total = $29,590 TOTAL COST OF DISPOSAL = 3,900 x $7.59/c.cy. _ $29,601 u 6. Backfill sand - Sand is purchased and stockpiled at City Corporation Yard. Sand is transported by City forces from City Corporation Yard to job site as needed by City forces. Transport Cost: Labor: Maint. Wkr II @ $26.40/hr. x 3 hrs./day x 115 days _ $ 9,108.00 Equipment: Dump Truck: $8.50/hr. x 3 hrs./day x 115 days _ $ 2,932.50 Sand Cost: 2,750 c.y. x $7.16/c.y. _ $19,690.00 $31,731 _ 2,750 c.y. _ $11.54/c.y. Total = $31,731 TOTAL COST OF BACKFILL SAND = 2,750 c.y. x $11.54 c.y. _ $31,735 7. Install fire hydrant, assemblies includes the cost for labor and equipment for excavation, installation, thrust blocks, backfill and removal of spoils by City forces. Labor: Maint. Super @ 36.16/hr. x 2 hr./f.h. x 33 f.h. _ $ 2,386.56 Maint. Lead Wkr. @ 29.44/hr. x 2 hr./f.h. x 33 f.h. _ $ 1,943.04 Maint. Wkr. III @ 27.91/hr. x 2 hr./f.h. x 33 f.h. _ $ 1,842.06 Maint. Wkr. II @ 26.40/hr. x 2 hr. f.h. x 33 f.h. _ $ 1,742.40 Labor Total $ 7,914.06 Equipment: Backhoe @ $10/hr. x 2 hr./f.h. x 33 f.h. _ $ 660 Dump Truck @ $8.50/hr. x 2 hr./f.h. x 33 f.h. = 561 Equipment Total $1,221 Materials: Thrust Block: 0.25/c.y./t.b. x 33 f.h. = 8.3 c.y. concrete 8.3 c.y. concrete x $60/c.y. _ $498 $9,633 = 33 = $292/ea Total = $9,633 TOTAL COST OF FIRE HYDRANT ASSEMBLIES = 33 F.H. x $292/ea = $9,636 8. Install valves, trees, etc. Labor: Maint. Super @ 36.16/hr. x 1 hr./Ea. x 152 valves _ $ 5,496.32 Maint. Lead Wkr. @ 29.44/hr. x 1 hr./Ea. x 152 valves _ $ 4,474.88 Maint. Wkr. III @ 27.91/hr. x 1 hr./Ea. x 152 valves _ $ 4,242.32 Maint. Wkr. II @ 26.40/hr. x 1 hr./Ea. x 152 valves = $ 4,012.80 Labor Total = $18,226.32 Equipment: Backhoe @ $10/hr. x 1 hr./Ea. x 152 valves = $ 1,520 Dump Truck @ $8.50/hr. x 1 hr./Ea. x 152 valves = 1,292 Equipment Total $ 2,812 Materials: Thrust Block: 0.25 c.y./t.b. x 152 valves = 38 c.y. concrete 38.c.y. concrete x $60/c.y. _ $2,280 Total = $23,318 $23,318 = 152 Valves = $153/Valve TOTAL COST TO INSTALL VALVES, TEES, ETC. = 152 Valves x $153/Valve _ $23,256 9. Install single services. Labor: Maint. Wkr. II @ $26.40/hr. x 3 Wkrs. x 6 hrs./day _ $475/day Equip. Service Truck @ $5/hr. x 6 hrs./day = $30/day Costs per day = $505/day Install 4 Services per day = $505 - 4 = $126 Ea, x 292 Service _ $36,792 TOTAL COST SINGLE SERVICES 10. Install double services. _ $36,792 Labor: Maint. Wkr. II at $26.40/hr. x 3 wkrs x 6 hrs/day _ $475/day Equipment: Service Truck @ $5/hr. x 6 hrs./day = $30/day Costs per day = $505/day Install 4 services per day = $505 : 4 = $126 Ea. x 12 services _ $1,512 TOTAL COST DOUBLE SERVICE _ $1,512 ll.' Trench resurfacing, includes the cost of materials, labor, and equipment for compaction and resurfacing. Materials: 4700 SY - 3" AC on 6" Class II Aggr. Base 3" AC: 4700 SY x 3' x 31 x 0.25 = 10,575 CF x 150#/CF = 793 Tons 793 Tons AC @ $23.50/T = $18,636 9" Class II Aggr. Base: 4,700 SY x .75/3 = 1,175 CY 1,175 CY Class II Base x 2 Tons/cy x $9.22 Ton = $21,667 Cold Mix Temp. Pavement 17,236 LF x 2' x 0.12' = 4,137 CF x 150#/CF = 310 Tons $31.01/Ton x 310 Tons = $9,613 Emulsion 1 Ton @ $132/Ton = $132 Materials Costs: $50,048 Equipment: Loader @ $12.50/hr. x 1/2 hr./wkday x 150 days = $ 938 Dump Truck @ $8.50/hr. x 325 hrs. _ $ 2,763 2 Service Trucks @ $5/hr. x 325 hrs. _ $ 3,250 Backhoe @ $10.00/hr. x 210 hrs. x 1/2 = $ 105 Compactor @ $2/hr. x 210 hrs. _ $ 420 Roller @ $5/hr. x 210 hrs. _ $ 1,050 Barricades: 10 ea. $.10/day x 365 days = = $ 365 Equipment Costs $ 9,836 Labor: Laying Cold Mix 17,236 LF - 150 LF/day = 115 x 1 hr./day = 115 hrs. Laying Hot Mix 17,236 LF - 500 LF/day = 35 days x 6 hr./day = 210 hrs. Leadwkr. @ $29.44/hr. x 325 hrs. _ $ 9,568 2 Maint. wkr. II @ $26.40 x 2 wkrs. x 325 $17,160 Labor Costs: $26,728 86,612 : 4,700 sy = $18.43 sy Total $86,612 TOTAL COST FOR TRENCH RESURFACING = $18.43/sy X 4,700 sy = $86,621 12., Testing includes pressure testing of lines: Lump Sum Equip: Service Truck 8 hrs./line x 17 = 136 hrs. x $5.00/hr. _ $ 680 Pump 4 hrs./line x 17 = 68 hrs. x $3.00/hr. _ $ 204 Labor: Engr. Tech I $26.29/hr. x 136 hrs. = S 3.575 TOTAL COST FOR TESTING $ 4,459 13. Disinfection: City will hire firm to do disinfection. Costs includes Health Department Fees. Test: $0.30/LF x 17,236LF test = $ 5,171 TOTAL COST FOR DISINFECTION $ 5171 0 • WHEREAS, total estimated project cost when performed by City forces = $332,500; and WHEREAS, the City Council further finds that in response to the request for bids, the City received eight bids; the lowest bid being in the amount of $398,684, which amount is $66,184 more than the total estimated cost of proceeding by City forces; and WHEREAS, the City Council, determined that the City can proceed more economically to install the above -described waterline by day labor, has determined that the City of Morro Bay can save in excess of $66,184 by proceeding with City forces, and has determined that the City can meet each and all of the terms and conditions of the request for bid by use of City forces and determined therefore, to proceed by day labor using City forces; and WHEREAS, included in these findings, and adopted as part of these findings, is the attached staff report and calculations based on engineering estimates. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Morro Bay hereby rejects all bids and elects to proceed by day labor with Project No. PW 87-10 and adopt the foregoing findings of fact in support of this action. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held thereof on the 27th day of February, 1989 by the following vote: AYES: Baker, Lemons, Odell, Wuriu, Sheetz NOES: None ABSENT: None i MR211 AWL"'l�7�� ATTEST: ITH DAVIS, City Clerk R E S OLUT S ON NO _ 1 8— 8 9 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY RATIFYING THE CITY EMERGENCY SERVICES DIRECTOR'S DECLARATION OF EXISTENCE OF A LOCAL EMERGENCY CAUSED BY THE SOUTH T-PIER FIRE, AND DESIGNATING THE CITY ADMINISTRATOR AS THE AUTHORIZED AGENT OF THE CITY FOR PURPOSES OF OBTAINING STATE DISASTER ASSISTANCE T H E C I T Y C O U N C I L City of Morro Bay, California WHEREAS, Ordinance No. 96 and 181 of the City of Morro Bay, California, empowers the Director of Emergency Services to proclaim the existence or threatened existence of a local emergency when said city is affected or likely to be af- fected by a public calamity and the City Council is not in session; and WHEREAS, the Director of Emergency Services of the City of Morro Bay, California, namely the City Administrator, did declare on 13 December 1988 the South T-Pier Fire occurring on 01 December 1988 a local emergency; and WHEREAS, by letter dated 27 December 1988, the Director of the State of California Office of Emergency Services did accept Morro Bay's proclamation of an existence of local emergency as complying with Chapter 7.5, Division 1 of Title 2 of the Government Code of the State of California; and WHEREAS, said State acceptance establishes the eligi- bility of the City of Morro Bay and other victims of the pier fire to apply for assistance under the Natural Disaster Assistance Act, subject to the availability of State funds; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Morro Bay, California, does hereby find that on 01 December 1988, a condition of extreme peril to life and property did exist in Morro Bay, County of San Luis Obispo, due to a fire on a waterfront pier; and BE IT FURTHER RESOLVED the City Council of the City of Morro Bay, California, does hereby confirm and ratify the Morro Bay Director of Emergency Services' declaration of a local emergency dated 13 December 1988, and herewith pro- claim that a condition of extreme peril warranting and necessitating said declaration did exist on 01 December 1988; and • Resolution No. 18-89 Page Two BE IT FURTHER RESOLVED that Gary A. Napper, City Admin- istrator and Director of Emergency Services, is hereby des- ignated as the authorized representative of the City of Morro Bay for the purpose of receipt, processing, and coor- dinating all inquires and requirements necessary to file for and obtain State disaster assistance, as available and applicable for said local emergency. PASSED AND ADOPTED by the Morro Bay City Council at a regular meeting thereof held on the 14th day of February, 1989 on the following vote: AYES: Baker, Lemons, Odell, Wuriu, Sheetz NOES: None ABSENT: None ROSE MARIE SHEETZ, Ma,?or ATTEST: ARDITH DAVIS, City Clerk • RESOLUTION NO. 17-89 • A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, CALIFORNIA, APPROVING AN APPLICATION FOR FUNDING FROM THE PLANNING/TECHNICAL ASSISTANCE ALLOCATION OF THE 1989 STATE CDHG PROGRAM T H E C I T Y C O U N C I L City of Morro Bay, California BE IT RESOLVED by the City Council of the City of Morro Bay, California, as follows: SECTION 1._ The City Council has reviewed and hereby approves the application, attached as Exhibit "A", and 'made a part hereof, in the amount of $24,000.00 for the Morro Bay Alternate Affordable Housing Study. SECTION 2. The City Council has reviewed the citizen participation plan as presented at the public hearing of the City Council held on February 14, 1989 for compliance with federal statute and has determined that this plan was followed for the development of this application. SECTION 3. If awarded the above grant request, the City Council will approve the use of City funds in the amount of up to $6,000.00 to be used as the City's Cash Match for this project. SECTION 4_ The City Administrator is hereby authorized and directed to act on the City's behalf in all matters pertaining to this application. PASSED AND ADOPTED, by the City Council of the City of Morro Bay at a regular meeting held thereof on the 14th day of February, 1989, by the following roll call vote: AYES: Baker, Lemons, Odell, Wuriu, Sheetz E RESOLUTION NO. 16-89 RESOLUTION ACCEPTING COASTAL COMMISSION CERTIFICATION OF AMENDMENT REQUESTS TO THE LAND USE PLAN AND ZONING MAP (SEQUOIA COURT/IRONWOOD AREA; MERZON PROPERTY) OF THE MORRO BAY LOCAL COASTAL PROGRAM, AMENDMENT NO. 02-88 T H E C I T Y C O U N C I L City of Morro Bay, California WHEREAS, on the 23rd day of May, 1968, the City Council of the City of Morro Bay did adopt Resolution No. 51-88, adopting certain amendments to the Morro Bay Local Coastal Program Land Use Plan Map and Zoning Map in the vicinity of Sequoia Court and Ironwood Avenue; 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 the Coastal Commission; and WHEREAS, said amendments were considered by the California Coastal Commission at its regular meeting held September 13, 1988 in Marina Del Rey, and were certified as submitted by the City without alteration or conditions; and WHEREAS, on the 23rd day of January 1989, and the 14th day of February, 1989 the City Council of the City of Morro Bay did conduct duly noticed Public Hearings and then adopt Ordinance No. 344 amending the official zoning map to conform to amendments to the Land Use Plan map approved in Resolution No. 51-88; and WHEREAS, the City Council of the City of Morro Bay held a duly noticed Public Hearing on February 14, 1989 to consider the Coastal Commission's resolution of certification; and WHEREAS, the City Council does hereby determine and find for the purposes of the California Environmental Quality Act that the contemplated 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 WHEREAS, the certified 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 City Council Resolution No. 16-89 Page Two WHEREAS, at said public hearing, the City Council did consider the actions of the Coastal Commission on the matter, the report of the Community Development Director, 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 acknowledges receipt of the California Commission resolution of certification and agrees to issue Coastal Development Permits for the total area included 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 regular meeting thereof held on the 14th day of February, 1989 on the following vote: AYES: Baker, Lemons, Odell, Wuriu, Sheetz NOES: None ABSENT: None ATTEST: ARDIT City Clerk ... R E S OLUT 2 ON MC)- 3-5—as RESOLUTION URGING ENACTMENT OF LEGISLATION TO REQUIRE MOTORCYCLISTS TO WEAR HELMETS IN CALIFORNIA T H E C I T Y C O U N C I L City of Morro Bay, California WHEREAS, in 1987 alone, the California Highway Patrol statistics show that 25,401 motorcyclists were injured and 744 were killed, and 77% of the fatalities were over age 21 and 69% of injured were over age 21 with average age of vic- tims being 25; and WHEREAS, the average hospital bill of an injured motorcyclist is conservatively estimated at more that $17,000 per individual, and "indirect costs" such as lost wages and physical rehabilitation usually are double the direct costs; and WHEREAS, California taxpayers are paying more than 80 percent of the costs incurred by injured motorcyclists; and WHEREAS, motorcyclist injuries cost the taxpayer more than $64 million a year for hospital bills alone, based on a study of motorcycle victim injuries by UC Med Center, Davis; and WHEREAS, in California, motorcyclists account for only three percent of all passenger -carrying vehicles, but are involved in 12 percent of crashes causing injury; and WHEREAS, per mile, a motorcyclist is more than 10 times more likely to die in a crash than an automobile occupant; and WHEREAS, unhelmeted riders have more than 2.5 times as many critical or fatal head injuries as riders who wear helmets; and WHEREAS, we are concerned about the enormous financial cost of taxpayers and the unmeasurable emotional cost to victims in loss of human lives and suffering caused by motorcycle crashes; and WHEREAS, a mandatory helmet law in California would re- duce motorcycle rider deaths and save the taxpayer millions of dollars annually in medical tax dollar expenditures for care and maintenance of brain damaged helmetless motorcycle crash victims. Resolution No. 15-89 Page Two NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay that the California Legislature is hereby urged to pass AB 8 to modify the existing state vehi- cle code to require all California motorcyclists to wear approved safety helmets. PASSED AND ADOPTED by the Morro Bay City Council at a regular meeting thereof held on the 14th day of February, 1989 on the following vote: AYES: Baker, Lemons, Odell, Wuriu, Sheetz NOES: None ABSENT: None R6St MARIE SHE TZ, Mayor ATTEST: A4 '�I ARDITH DAVIS, City Clerk 0 RESOLUTION NO. 14-89 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY ADOPTING A WATER ALLOCATION PROGRAM FOR 1989 AND CLARIFYING SPECIFIC OPERATING GUIDELINES FOR RESIDENTIAL, COMMERCIAL AND INDUSTRIAL DEVELOPMENT T H E C I T Y C O U N C I L City of Morro Bay, California WHEREAS, Chapter 13.20 of the Morro Bay Municipal Code, calls for the City Council of the City of Morro Bay to adopt a yearly Water Allocation Program based on a report by the Community Development Director after review by the City of Morro Bay Planning Commission; and WHEREAS, Ordinance Number 266, also known as Measure "F", and adopted by the voters in 1984, requires the City Council to set an annual limit on new residential units and to prescribe the mix of multi -family and single family residences allowed within that limit, after review and recommendation by the Planning Commission of the City of Morro Bay; and WHEREAS, on January 11, 1989 and on January 16, 1989, the Water Advisory Board and Planning Commission of the City of Morro Bay, respectively, did review the Director's report on the proposed 1989 Water Allocation Program and the Director's report on suggested limits for 1989 under Ordinance Number 266 and did forward recommendations on the same to the City Council of the City of Morro Bay; and WHEREAS, on January 9, 1989, and again on January 23, 1989, the City Council of the City of Morro Bay did hold duly noticed PUBLIC HEARINGS on the proposed 1989 Water Allocation Program and suggested limits for 1989 under Ordinance Number 266. NOW, THEREFORE, BE IT RESOLVED, as follows: 1. That the City of Morro Bay hereby receives and accepts the 1989 Annual Water Report, labeled as Exhibit "A", and attached hereto, and as submitted by the Community Development Department; and 2. That a Water Allocation Program for 1989 is hereby adopted by the City Council of the City of Morro Bay as follows: a) A savings ratio 1.5:1 is established under the blend program wherein 1.5 equivalencies must be saved for each equivalencies used. The blend water award program provides the opportunity for a project proponent to obtain one half of a water award through the off -site Resolution No. 14� Page 2 water retrofit program through the pipeline illustrative purposes requesting to build a required to perform approximately six to obtaining a 0.50 water replacement; and the other half of the award replacement program. For only, a project proponent single family dwelling would be an off -site retrofit on eight houses, in addition to equivalencies through pipeline b) Pursuant to Ordinance 266, it is determined the limit shall be 33 residential units, 13 of which shall be single family units and 20 of which shall be multi- family units. This limit is for the first quarter of 1989 with a determination to be made on or after March 27, 1989 as to whether that limit will be increased to allow additional residential unit awards in the remaining three quarters; c) That all 20 multi -family units within said first quarter are hereby awarded and allocated to the Peoples' Self Help Housing Project (CUP 26-88/CDP 73- 88R); d) The installation of very low flush fixtures (1.0 and 1.5 gallon toilets) as a part of any approved off -site retrofit program is encouraged, yet shall be on a voluntary basis; and BE IT FURTHER RESOLVED that the City Council hereby clarifies and amends the water operating procedures; 1. Participants in the 1988 multi -family water lottery that were not selected for submittal of building applications in 1988, and held a recorded deed as of July 1, 1988 upon which the same names appear as on the original application shall be placed at the front of the permanent water waiting list in the multi -family category and in accordance with the priorities established by Coastal Development Permit Number 4-81-309A. 2. Additional multi -family requests shall be placed in a lottery to be conducted in the early part of 1989 in order to establish a long-term waiting list of applicants for water awards. Conditions and limitations related to the conduct of the multi -family lottery are specifically stated in City Council Resolution Number 03-89. 3. If a project proponent who has an opportunity to obtain a water allocation in 1989, desires not to utilize the blend option, he/she may instead perform a full off -site retrofit at the 1.5:1 ratio, and still be subject to the quarterly award program. Resolution No. 14- • Page 3 PASSED, APPROVED, AND ADOPTED, Council, at a regular meeting held 1989, by the following vote: AYES: Baker, Lemons, Wuriu NOES: Sheetz ABSTAIN: Odell ATTEST: TTDAVIS,�City Clerk by the City of Morro Bay City on this 14th day of February, 0 RESOLUTION NO. 13-89 RESOLUTION ACCEPTING AN OFFER OF DEDICATION OF AN EASEMENT FOR PUBLIC STREET PURPOSES ALONG PINEY WAY AND PINEY LANE FROM THE CITY OF MORRO BAY T H E C I T Y C O U'N C I L City of Morro Bay, California WHEREAS, the City of Morro Bay holds fee title interest in real property along Piney Way and Piney Lane; and WHEREAS, said real property was acquiredwith the intent to use said property for public street and incidental purposes; and WHEREAS, said property is legally described in the accompanying Offer of Dedication; and WHEREAS, it is in the interest of the public good that said property be offered and accepted as easement for street and incidental purposes. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Morro Bay, California that the Offer of Dedication be executed and hereby accepted. BE IT FURTHER RESOLVED that the City Administrator be authorized to execute any and all documents necessary to complete and record the Offer of Dedication and acceptance of same. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held on the 14 Day of February, 1989, by the following vote: AYES: Baker, Lemons, Odell, Wuriu, Sheetz NOES: None ABSENT: None OSE MARIE SHEETZ, May ATTEST: A DITH DAVIS, City Clerk 0 RESOLUTION NO. 12-89 RESOLUTION AWARDING CONTRACT F❑R CONSTRUCTION ❑F BUS STOP WAITING AREA AND PARK RESTROOMS; PROJECT N❑. PW 88-02 T H E C I T Y C❑ U N C I L City of Morro Bay, California WHEREAS, the City has been awarded a capital grant for the construction of a bus stop waiting area pursuant to Section 18 ❑f the Urban Mass Transportation Act (UMTA) of 1964 in an amount not t❑ exceed $20,000.00; and WHEREAS, the Central Coast Regional Transit Authority and San Luis Obispo County Area Transit have contributed funds totalling $3,500.00 as a portion of the local match for said grant; and WHEREAS, the City budgeted $1,500.00 in the FY 1988/89 to Fund the City's portion of the local match for said grant; and WHEREAS, the City has complied with 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 the contract for construction of the bus stop waiting area and park restrooms; Project No. PW 88-02; to Wolfe's Maintenance and Construction Company, Buttonwillow, California, in the amount of $63,915.00. PASSED AND ADOPTED by the City Council of the City of Morr❑ Bay at a regular meeting thereof held the l'ith day of February, 1989 by the following roll call vote: AYES: Baker, Lemons, Odell, Wuriu, Sheetz NOES: None ABSENT: None ATTEST: ARDITH DAVIS, City Clerk RESOLUTION NO. 11-89 ADOPTING REGULATIONS FOR USE OF THE FLOATING DOCK T H E C I T Y C O U N C I L City off Morro Bay, California WHEREAS, the floating dock in the A-1-5 mooring area was installed in February, 1985 with the condition that the dock usage and any effects be evaluated after 3 years, and; WHEREAS, records indicate significant use of the floating dock facility with no adverse environmental effects, and; WHEREAS, in order to provide for future maintenance and replacement costs the following regulations are adopted: 1. Charges for use of the floating dock be similar to those for City owned offshore moorings without a grace period for fees; 2. Use of the dock be for any vessel subject to first come, first serve without consideration for local or transient status; 3. Use of the dock for more than 30 days in any 6 month period be prohibited. NOW, THEREFORE, BE IT RESOLVED that the City Council hereby approves the above regulations subject to approval by the City Attorney. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held thereof on the 14th day of February, 1989, by the following vote: AYES: Baker, Lemons, Odell, Wuriu, Sheetz NOES: None ABSENT: None ARDITH DAVIS, CITY CLERK RESOLUTION NO. 10-89 RESOLUTION APPROVING SUBLEASE ON A PORTION OF LEASE SITE 67, AND ADDING AND DELETING PERMITTED USES ON LEASE SITE 67/67W T H E C I T Y C O U N C I L City of Morro Bay, California WHEREAS, The City of Morro Bay is the lessor of certain property on the Morro Bay waterfront described as Lease Site 67/67W; and WHEREAS, Armand Viole and Ynez Viole O'Neill are the lessees of the property; and WHEREAS, said lease provides that the consent of City shall be obtained to any sublease of said property or portion of said property; and WHEREAS, said lessee has entered into a sublease agreement with Dale Lewis, doing business as Kathy's Place, 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: 1. The sublease of a portion of Lease Site 67 to Dale Lewis, doing business as Kathy's Place; and 2. Addition of Retail Clothing Store as a permitted use on Lease Site 67/67W; and 3. Photo Studio and related sales is deleted as a permitted use on Lease Site 67/67W. This approval is given subject to closure of one of the two existing clothing stores on Lease Sites 65-66 or 71-72. 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 February, 1989, by the following vote: AYES: Baker, Lemons, Odell, Wuriu, Sheetz NOES: None ABSENT: None AR15ITH DAVIS, CITY CLERK L RESOLUTION NO. 10-89 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, ANNOUNCING FINDINGS AND APPROVING TENTATIVE TRACT MAP NO. 1231 FOR A 13 LOT SUBDIVISION THE CITY COUNCIL City of Morro Bay, California WHEREAS, the City Council of the City of Morro Bay, California, on the 24th day of August, 1987 held a duly noticed PUBLIC HEARING to consider the request of Jack Loperena for a tentative tract map application for a 13 lot subdivision; and, WHEREAS, the City Council of the City of Morro Bay, California, on the 27th of February 1989 held a second duly noticed PUBLIC HEARING. to consider the request of Jack Loperena for a tentative tract map application for a 13 lot subdivision; and, WHEREAS, the Environmental Coordinator has determined that a Negative Declaration. be filed for purposes of the California Environmental Quality Act (CEQA); and WHEREAS, at said PUBLIC HEARING, after considering the staff report, Planning Commission recommendation and the arguments of all persons, if any, wishing to testify, the City Council did find the following facts and reasons to justify approval of the tentative tract map: 1. The proposed subdivision is consistent with the Morro Bay General Plan, Coastal Land Use Plan and applicable zoning measures; and 2. The design of the subdivision and the type of improvements as conditioned will not cause significant public health problems or environmental impacts; and 3. The site is physically suitable for the type of development proposed. AND WHEREAS, the City Council does make the following additional specific findings in support of approval of the project. CITY COUNCIL RES. # 10-89 • TM 01-85 (Tract #1231)/CDP 77-87R page 2 1. The General Plan, Coastal Plan and zoning all designate the area for single family residences at a density range in which this proposal falls; and 2. The proposed project adheres to the generally preferred zoning pattern which is to go from virtually open space at the City limits through an R-A, large lot subdivision through R-1, which is how this area is presently zoned, to R-2 and then eventually to mixed use with. R-4 along Main Street. In this area the lots immediately adjacent to the north and south are large in size. On the west is an R-2 zone which has numerous small lots and a short distance to the north is an R-1 zone which also has numerous very small lots, smaller than the typical R-1 zone. It is also a short distance from an R-4 zone which has both an existing condominium and apartment house. The area to the east across Ironwood consists of several large church buildings; and 3. LUP Policy 3.01 requires new.development to have adequate water and sewer service prior to implementation. The sewers and water lines are being provided by the developer. No actual construction will take place until water equivalencies are obtained; and 4. LUP Policy 4.03 requires an archaeological reconnaissance and Policy 4.04 requires the development of an appropriate mitigation plan if resources are located on the site. There is little indication that this is a significant archaeological site; nontheless, these requirements are incorporated in the conditions of approval; and 5. LUP Policy 9.06 requires all development to fit the site topography, soils, geology and hydrology. The developer has conducted a soils report which indicates that the area is suitable for likely development and compliance with the soils report is a condition of approval; and 6. LUP Policy 9.10 requires adequate storm drain facilities. Installation and maintenance of such a system is included in the project and the conditions of approval, and in response to public concern the entrance structures to the storm drain system are required to be designed to meet a 100-year storm rather than the standard 25-year storm; and 7. The Subdivision Map Act requires the City to reconsider the effects of the proposed subdivision on the region's housing needs. In this case, the subdivision would create new lots explicitly for residential purposes and, thus, in a small way contributes to the region's housing opportunities; and CITY COUNCIL RES. NO. 10-89 TM 01-85 (Tract #1231)/CDP 77-87R page 3 8. The Subdivision Map Act also requires the city to solicit comments from Cal Trans. Cal Trans has indicated that this project will have a small, incremental impact on the Highway 41 and Ironwood intersection, as well as Highway 41 and Main Street. The conditions of approval require proportional contributions to improvements at those intersections; and 9. The Subdivision Map Act further requires the designing of new subdivision to provide for passive solar heating and cooling opportunities and explicitly recommends east -west alignments. The proposed subdivision does employ such an alignment so that significant southern exposures will be afforded the new lots. Furthermore, the staggered setbacks will not only provide view opportunities but passive cooling from onshore breezes. Thus, the most important features for passive solar heating and cooling in this area have been incorporated into this proposal; and 10. The subdivision will not cause substantial environmental or serious public health problems. No significant environmental impacts are likely and no serious public health problems will result with the proper installation of sewer, water and drainage facilities; and 11. In the previous hearings, public comments were received asserting that the City was obliged to enforce certain deed restrictions on the property. These deed restrictions are not a part of the City's current land use regulations, but a private contractual relationship between individuals. It is not normal practice throughout California municipalities to enforce deed restrictions and thus the City is precluded from enforcing them here. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Morro Bay, California, as follows: 1. That the above recitations are true and correct and constitute the findings of the Council in this matter; and, CITY COUNCIL RES. NO. 10-89 TM 01-85 (Tract #1231)/CDP 77-87R page 4 2. That the Council does hereby approve Tentative Tract Map No. 1231, Case No. TM 01-85 by adoption of City Council resolution with conditions. PASSED, APPROVED, AND ADOPTED, by the City Council of the City of Morro Bay, on the 27th day of February 1989 by the following vote to wit: AYES: Baker, Lemons, Odell, Wuriu, Sheetz NOES: None ABSENT: None RDITH DAVIS,-CITY CLERK JS:ljh disk al-res10-89 Ll CONDITIONS OF APPROVAL CASE NOS: TENTATIVE TRACT MAP NO. 1231, AND CDP 77-84R STANDARD CONDITIONS 1. The Coastal Development Permit and Tentative Tract Map are granted for the land described in the application and any attachments thereto, and as shown on the tentative parcel map submitted and labeled Exhibit "A". The locations of all improvements 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 recorded not later than two (2) years after the date of this approval, this approval shall expire. A time extension of an additional twelve (12) months may be permitted in accordance with the State Subdivision Map Act, Section 66452.6. 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. Within thirty (30) days hereof, the applicant shall file with the Community Development Director written acceptance of the conditions stated herein. 6. Compliance with and execution of all conditions listed hereon shall be necessary, unless otherwise specified, prior to filing the final map. Deviation from this requirement shall be permitted only by written consent of the Community Development Director and/or as authorized by the Planning Commission. Conditions of Approval • • Page 5 SPECIAL CONDITIONS 7. Subdivider shall install all improvements shown on the approved tentative map and/or the following - Ironwood Court including associated curb, gutter, sidewalk, street trees, and those portions of the storm drain system in the right-of-ways of Ironwood Court and Ironwood Avenue; The reconstruction of Ironwood Avenue to its centerline along the frontage of the site, and including pavement transitions north and south of the site as required by and approved by the City Engineer and including construction at least 50 feet to the north of the northern property corner to encompass storm drainage facilities, as required by and approved by the City Engineer; Sewer and water lines from the mains in Ironwood to serve the subdivision, as required by and approved by the City Engineer; - the entire storm drain system whether on private property or dedicated right-of-ways. All of the aforementioned improvements shall be designed to meet City standards and shall in all cases be subject to review and approval by the City Engineer prior to installation. Prior to approval and recordation of the final map, subdivider shall submit for CityCouncil approval an improvement agreement which shall set forth the manner and schedule for installation of all improvements including those mentioned above as well as on -site storm drainage, and including arrangements acceptable to the City for bonding said improvements and maintenance of them. A detailed design proposed storm drain system shall be submitted to the City Engineer for review and approval; said design shall incorporate all features deemed necessary or desirable by the Engineer. All above -ground drainage facilities as illustrated on the approved tentative map shall be maintained by the property owners of subject subdivision and provisions for future maintenance shall be included in the covenants, conditions and restrictions (C,C,&R's) in a manner approved by the City Engineer and City Attorney. Said C,C,&R's shall also include maintenance provisions prior to residential construction. For purposes of illustration, and not by way of limitation above -ground drainage facilities shall mean open or concrete -lined Conditions of Approval • • Page 6 drainage swales or channels, grates and similar devices. All underground drainage facilities, however, once constructed and approved by the City Engineer shall be maintained by the City. 10. Prior to recordation of final map, subdivider shall submit to the City Engineer, calculations indicating that there is adequate capacity in the on -site as well as off -site downstream storm drainage facilities to carry run-off generated by a 25-year storm, except the entrance structures which shall be designed for a 100-year storm. Subdivider shall be required to construct such storm drainage facilities including but not limited to on -site retention ponds if deemed desirable or necessary by the City Engineer after his analysis of the calculations required pursuant to this condition. Such facilities if required shall be included in the improvement agreement required by condition 8 above. 11. Prior to recordation of the final map, subdivider shall submit to the City Engineer for approval estimates of traffic generated by the subdivision and the proportional share such traffic will increase the traffic at the intersection of Highway 41 and Ironwood Avenue and at the intersection of Highway 41 and Main Street. Based on those estimates, applicant shall pay a fee to the City commensurate to the subdivision's proportional contribution to the intersection traffic for improvements to said intersections as described in the traffic analysis and EIR prepared for "The Pines" subdivision, Tract No. 1077. Said fee shall be determined by the City Engineer and shall be held in an account by the City solely for the purpose of installing needed intersection improvements. 12. Prior to recordation of the final map, an archaeological reconnaissance of the site shall be conducted by a qualified archaeologist. If said reconnaissance identifies significant archaeological resources, a mitigation plan to preserve said resources shall be prepared pursuant to the City's certified Coastal Land Use Plan and Chapter 17.48 of the MBMC. Likewise, if in the construction of the improvements, archaeological resources are uncovered, work shall cease until a qualified archaeologist can assess said resources. If deemed necessary by said archaeologist a mitigation plan meeting City policies and ordinances shall be prepared and implemented, subject to approval by the Director, prior to recommencing construction. 13. Prior to recordation of the final map, subdivider shall submit to the Director for approval a plan indicating building envelopes for each new lot. At a minimum, such envelopes shall indicate staggered upper story setbacks so as to afford views to the ocean for each lot and shall to the extent feasible preserve a public view corridor toward Conditions of Approval • • Page 7 Morro Rock and the ocean. Said plan shall be explicitly incorporated in the deed restrictions and shall run with the land. 14. Prior to recordation of the final map, the subdivider shall submit a revised deed restriction, incorporating, among others, provisions for installation and maintenance of drainage facilities and building envelope restrictions. Said deed restrictions shall be subject to review and approval by the Director and City Attorney. 15. No development of this site requiring permanent domestic water supplies shall take place prior to the award of water equivalencies by the City pursuant to the approved water allocation model and this condition shall be recognized in the revised deed restrictions. 16. Prior to recordation of the final. map, subdivider shall pay parkland in -lieu fees pursuant to formulas adopted in MBMC Title 16. 17. All utilities in this subdivision shall be installed underground including electrical, telephone and cable television and this requirement shall be incorporated in the deed restrictions. 18. The drainage and sewer easement from the cul-de-sac to Bayview shall be increased to fifteen (15) feet in width except where shown to be somewhat narrower on the attached easement map which indicates a portion of the required easement. 19. The roofs of all houses constructed in the subdivision shall be provided with drainage systems which shall drain to the street. Deposition of roof drainage on the lots will not be permitted. Prior to recording the Final Map, the applicant shall submit documentation sufficient to ensure the enforceability of this requirement at whatever time said houses are built. The Director of Community Development and the City Attorney shall determine whether such documentation is sufficient. 20. A property owner's assessment district shall be formed to reimburse the City for all costs incurred in maintenance of City -owned drainage facilities within the subdivision. The Developer shall submit documentation of the completion of this assessment district prior to approval of the Final Map. JS:ljh disk al-cndition iode >' 171-/ : TRgcr 1291 noon B.vr •Mid -State Engineers, Inc. CrVEL OPODCC a LAND SMVI OM 6W Pecft Street Sa,l." ^A9340 EoaE r wvGn.u.,al� (606)544-9700 BAYV/E w Ave, w> 25ft%r Ow,4o" e 1'70s., siwwr E.I ENr (osoRio) �•:Y�.a: Ho USE PWAIAl9:�E 4 SEw�e Ew3EMFM N/7033'3o"W LbwEe Gb� A/ /T 30'00" W JEWER CASEME.VY 61W ePogeH J'r J mm (GAMBEL ) Recorder's Merno: HOUSE Poor Record is Due To Quality of Original Document .e SErv" Fwj--,"[Nr 5' NcN WmD FFt/CE � �� GARAGE d G' A&,q W6bD Fiwe-- 30' �Rw/NwiE e $Eweq E,�SEnaeN7 ORAWA&e � 6BWER 5A6&0f1V7w eXKI,9/7' `A Nb OF 00mimpW OL 3189PAu 38 1 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 JUDY SKousu State Bar No. 51982 ATTORNEY AT LAW 899 NAPA STREET, SUITE B-0 P.O. BOX 834 MORRO BAY, CALIFORNIA 93442 TELEPHONE: 1805197 2.1214 Attorney for City ofMorro Bay SUPERIOR COURT OF THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF SAN LUIS OBISPO JACK LOPERENA, Petitioners/Plaintiffs, CITY OF MORRO BAY, MORRO BAY CITY COUNCIL, MORRO BAY PLANNING COMMISSION, and DOES 1 through 20, inclusive, Respondents/Defendants RECITALS CASE NO. 60874 SETTLEMENT AGREEMENT WHEREAS, Petitioner is the owner of certain real property situated in the City of Morro Bay, County of. San Luis Obispo, State of California, as specifically described in. Exhibit A to the petition filed herein; WHEREAS, Petitioner filed applications for a tentative tract map and coastal development permit to allow a subdivision of the above -referenced real property; 1 1 WHEREAS, on or about July 15, 1985, and August 5, 1985, 2 respondent MORRO BAY PLANNING COMMISSION held public hearings 3 with regard to petitioner's applications and, thereafter, voted 4 to deny said applications; 5 WHEREAS, on or about August 21, 1985, Petitioner- filed 6 an appeal with Respondent MORRO BAY.CITY COUNCIL with regard to 7 the action by Respondent MORRO.BAY.PLANNING COMMISSION; 8 WHEREAS, on or about September 10, 1985, . Respondent-MORRO 9 BAY CITY COUNCIL held. a public hearing on Petitioner's appeal 10 and, thereafter, denied said appeal.; 11 WHEREAS, Petitioner thereafter filed a Petition for. Writ of 12 Mandate and Declaratory Relief, alleging in part that the 13 decisions of Respondent MORRO BAY PLANNING COMMISSION and 14 Respondent MORRO BAY CITY COUNCIL constituted a clear and 15 prejudicial abuse of discretion in that said Respondents acted 16 arbitrarily and capriciously for the reasons specifically alleged 17 in the Petition filed herein; 18 WHEREAS, on or about August 24, 1987, after settlement 19 negotiations between the. parties, Respondent MORRO BAY. CITY 20 COUNCIL held a public hearing to reconsider: Petitioner's 21 applications for a tentative tract mapand coastal development 22 permit and, thereafter, voted to approve said. applications 23 pursuant to the Resolution and Conditions of Approval attached 24 hereto and incorporated by reference as Exhibit A. 25 NOW THEREFORE, in consideration of the mutual covenants 26 contained herein, it is hereby stipulated and agreed by and 27 between Petitioner and Respondents, through their respective 28 counsel, as follows: JUDU SKOUSEn e q vw[n surt[e.a pie. eo. sa+ 2 eo Ma. c.npww. u+o 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 JUDU SKCum (1) That the above -entitled action be dismissed with prejudice with each party to bear its own attorneys fees and costs. (2) Petitioner's applications for a tentative tract map and a coastal development permit shall be granted for the land described in said applications in. accordance with the Resolution and Conditions of Approval attached hereto and incorporated. by reference as Exhibit A. DATED: DATED: APPROVED AS T FORM CC^ By C. RANDALL COOK Attorney for Petitioner BY JU Y SKOUSEP, City Attorney Attorney f Respondent JS:ljh disk al-lopstlmt JACK LOPERENA, Petitioner CITY OF MORRO BAY 10 3 V, 11 12 JUDY SKOusu State Bar No. 51982 ATTORNEY AT LAW 995 NAPA STREET. SUITE &6 P.O. BOX 034 MORRO BAY. CALIFORNIA 93442 TELEPHONE: 40050772-1214 Attorney for ri tTr of Mnrrn Rnv SUPERIOR COURT OF THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF SAN LUIS OBISPO JACK LOPERENA V. Petitioners/Plaintiffs, CASE NO. 60874 14 STIPULATION FOR ENTRY CITY OF MORRO BAY, MORRO BAY ) OF JUDGMENT 15 CITY COUNCIL, MORRO BAY ) PLANNING COMMISSION, and ) 16 DOES 1 through 20, inclusive ) 17 ) Respondents/Defendants ) 18 ) 19 20 RECITALS 21 WHEREAS, the Parties have agreed to the following facts: 22 1. Petitioner is the owner of certain real property 23 situated in the City of Morro Bay, County of San Luis Obispo, 24 State of California, as specifically described in Exhibit A to 25 the Petition filed herein; 26 2. Petitioner filed applications for a tentative tract map 27 and coastal development permit to allow a subdivision of the 28 above -referenced real property; 1 1 3. On or about July 15, 1985, and August 5, 1985,, 2 Respondent MORRO BAY PLANNING COMMISSION held public hearings 3 with regard to Petitioner's applications and, thereafter, voted 4 to deny said applications; 6 4. On or about August 21, 1985, Petitioner filed an appeal 6 with Respondent MORRO BAY CITY COUNCIL with regard to the action 7 by Respondent MORRO BAY PLANNING COMMISSION; 8 5. On or about September 10, 1985, Respondent MORRO BAY 9 CITY COUNCIL held a public hearing on Petitioner's appeal and, 10 thereafter, denied said appeal; 11 6. Petitioner thereafter filed a Petition for Writ of 12 Mandate and Declaratory Relief, alleging in part that the 13 decisions of Respondent MORRO BAY PLANNING COMMISSION and 14 Respondent MORRO BAY CITY COUNCIL constituted a clear and 15 prejudicial abuse of discretion in that said Respondents acted 16 arbitrarily and capriciously for the reasons specifically alleged 17 in the Petition filed herein; 18 7, On or about August 24, 1987, and again on or about 19 February 27, 1989, Respondent MORRO BAY CITY COUNCIL held a 20 public hearing to reconsider Petitioner's applications for a 21 tentative tract map and coastal development permit and, 22 thereafter, voted to approve said applications subject to certain 23 conditions set forth in said approval. 24 IT IS HEREBY STIPULATED by and between Petitioner and 25 Respondents, through their respective counsel, that judgment in 26 the above -entitled action and in the form of order attached 27 hereto and made a part hereof, be entered as follows: 28 (1) The action shall be dismissed with prejudice; and JUDY SKOusu •. a.av ,ewn ea ear, o. eoa u. 2 wont noe. nru. 121 4 5 6 7 (2) Each party shall bear his or its own attorneys' fees and costs incurred herein. Dated: JACK LOPERENA, Petitioner Dated: 99 9 APPROVED AS TO FORM7 CONTEN 10 By �. C. RANDALL COOK 11 Attorney for Petitioner 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 JUDO SKOUSEn .n. ar,. n.emro se .u•e .. 000 nai.,. By JU Y SKOU E , City Attorney Attorney Aor Respondent 4 •. u•.5• . On reading and filing the stipulation of the parties hereto for entry of judgment herein, and good cause appearing therefore, IT IS HEREBY ORDERED that the above -entitled action be and hereby is dismissed with prejudice with each party to bear his or its own attorneys' fees and costs incurred herein. Dated: JS:ljh enc. disk al-loprstip 3 JUDGE OF THE SUPERIOR COURT 0 RESOLUTION NO. 9-89 APPROVING THE SERVING OF ALCOHOLIC BEVERAGES FOR LEASE SITE 78-79/78-79W T H E C I T Y C O U N C I L City of Morro Bay, California WHEREAS, the Van Beurden Brothers as lessess of Lease Sites 78-79/78W-79W have requested that the permitted uses of the lease be amended to include the serving of alcoholic beverages; and WHEREAS, historical use of the lease sites formerly included the serving of alcoholic beverages; and WHEREAS, it is felt that the serving of alcoholic beverages is compatible with the current restaurant use; NOW, THEREFORE, BE IT RESOLVED that the City Council hereby approves the addition of serving of alcoholic beverages in the restaurant to the approved uses for Lease Site 78- 79/78W-79W, 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 February, 1989, by the following vote: AYES: Baker, Lemons, Odell, Wuriu, Sheetz NOES: None ABSENT: None 4z,.e AR ITH DAVIS, CITY CLERK 0 0 ?It" le? glq RESOLUTION NO. 8-89 A RESOLUTION ADOPTING REGULATIONS REGARDING THE LICENSING AND REGULATION OF TOW CAR SERVICES AND DRIVERS THE CITY COUNCIL City of Morro Bay, California WHEREAS, pursuant to California Vehicle Code Section 21100, Subsection G, a City is authorized to adopt regulations regarding the licensing and regulation of tow cars services and drivers; and WHEREAS, the City of Morro Bay is desirous of regulating tow services falling within the jurisdiction of the City; and NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS: 1. PURPOSE The purpose of this resolution is to set policy pursuant to Vehicle Code Section 21100(g) which authorizes the City to adopt rules and regulations to license and regulate the operation of tow car service or tow care drivers whose principal place of business or employment is within the jurisdiction of the City, with the exceptions of auto dismantlers and repossessing agencies. 2. POLICY A. In order to assure equal opportunity for all qualified tow service operators to participate in the police department's rotation tow activities, all tow service operators meeting the criteria contained herein shall be added to the Police Department's rotation tow list. B. Applicants for placement on rotation tow lists who are not accepted shall be advised by the Police Department in writing of the reasons for denial and informed that the denial does not preclude their operating a tow service. C. The Police Department shall establish a rotation system to ensure an equitable distribution of calls among tow companies on the rotation tow list. D. Requests by the drivers or owners for specific tow services, or associations which provide tow services, are to be honored and will not constitute a rotation call. Officers shall not make any recommendations which would favor a particular tow service. E E. when an emergency situation exists and it is not practical to honor a driver's or owner's request, the nearest rotation tow service may be called. This will constitute a rotation call. F. Disposition of low valued abandoned vehicles may be handled separately from regular rotation tows. Operational details concerning a separate procedure for disposition of low valued abandoned vehicles shall be resolved with rotation tow operators prior to implementation. G. Separate rotation lists may be maintained for "Big Rig" services as necessary to ensure an equitable distribution of "Big Rig" requests. H. Records shall be maintained to indicate the number of calls placed with each tow service and the response received. Turns missed on rotation will not be made up in those cases where tow operators fail to answer telephone calls or otherwise are unable to respond in a timely manner. 3. PROCEDURE AND REQUIREMENTS A. ACCEPTANCE OF TOW SERVICE The Police Department shall accept all qualified tow services for placement on its rotation tow list with new tow services accepted at least annually. To qualify for placement on the rotation tow list all tow services must meet the following qualifications, conditions and criteria: (1) The tow service requests placement on the rotation tow list on a form prescribed by the Police Department, MBPD (F-154). (2) The tow service is available on a 24 hour, 7 day week basis and is able to respond to all calls requested by the Police Department within a reasonable response time which shall be determined by the Police Department. (3) The tow service furnishes satisfactory evidence of the ability to respond in damages as required by 16500.5 VC. The minimum level of liability insurance which would satisfy this requirement shall be $250,000/ $500,000/ $100,000. Policy expiration dates and any notice of cancelation shall be furnished the Department immediately upon receipt. (4) The tow service is able to and does agree to be responsible for the safekeeping of any property contained in towed or stored vehicles. (5) Towing fees of the towing service are reasonable and not in excess of those rates made for similar services provided in response to requests initiated by any other public agency or private person. Towing fees over and above normal rates shall not be permitted for response to calls originating from the Police Department. The total fee for services rendered shall be considered in determining reasonableness of charges. Itemized costs for various portions of the total service rendered shall be of no consequence. (6) The tow service shall establish and conspicuously post in their place of business a schedule of rates covering all fees for towing services performed. The schedule of rates shall be available for review by Police Department personnel and/or the person for whom tow service is provided. In addition, a copy of the schedule of current rates shall be provided to the Police Department. The Police Department shall be advised in writing of any adjustment of these rates prior to the change taking effect. (7) The tow service must be able to and agree to provide adequate security of vehicles and property at the place of storage. As a minimum, a fence or enclosed area shall be provided. The Police Department may modify security requirements when necessary. (8) The tow service must be able to and agree to provide an adequate storage facility. The storage facility shall normally be at the same location as the business address but in all cases shall be within the city of Morro Bay. If not at the same location as the business address, there shall be no charge for additional distance traveled to and from a secondary location. The vehicle and personal property shall be released to the primary storage facility upon request of the owner. The tow operator shall furnish the Police Department with the addresses of all storage facilities whenever there is a change from those listed on the APPLICATION FOR ROTATION TOW LISTING FORM. (9) The tow service shall provide a receipt, with the copy placed in the stored vehicle and a copy to the Police Department, whenever any item is removed from a stored vehicle and taken to another place of storage. (10) The tow service shall maintain records of tow services furnished, including a description of vehicles, nature of service, and time and location of calls. Such records shall be available for inspection at any time by Police Department personnel. (11) The tow service shall not assign calls to other firms. In the event a tow service is unable to respond or will be delayed in responding, the requesting Communications Operator shall be notified immediately. (12) The tow service operator and drivers employed by the tow service shall be sufficiently competent to ensure safe and proper discharge of their service responsibilities. (13) The tow service operator shall have a business license and comply with all City and/or County ordinances and zoning requirements. (14) The tow service operator shall have the capacity to properly conduct a lien sale as outlined in Division 11, Chapter 10, Article 2, beginning with Section 22851 of the Vehicle Code. (15) Tow car drivers shall be properly licensed in accordance with Section 12804 VC. (16) Tow vehicles shall be rated at a minimum of one ton capacity. Each vehicle shall be maintained in compliance with the provisions of Section 24605, 25300, 27700, and 27907 of the Vehicle Code. (17) All tow vehicles shall be inspected by the Police Department prior to being placed in service. (18) The tow service shall comply with Vehicle Code Section 10652 in reporting the storage of vehicles over 30 days. (19) The standard Tow Service Agreement, shall be properly executed. Any modification of or addition to the requirements specified in the Tow Service Agreement shall be a written attachment to the standard agreement and be subject to department review and concurrence. B. DENIAL OF PLACEMENT ON ROTATION TOW LIST Tow service operators may be denied placement on the rotation tow list under the following conditions: (1) when the addition would result in unreasonable delay in removal of traffic hazards due to the response time involved. (2) when the tow service has not met the criteria specified for acceptance set out hereinabove. (3) when the tow service is not clearly independent of another tow company which is already on the rotation list in the tow district for which the application is made. C. REMOVAL FROM ROTATION TOW LIST Existence of one or more of the following conditions are grounds for removal of a tow service from a rotation tow list: (1) Failure to comply with any of the conditions set out above. (2) Repeated or flagrant violations of the Vehicle Code by drivers or the owner of the tow service. (3) A pattern of failure to answer calls within a reasonable period of time. (4) Failure to maintain clean, orderly, and secure storage facilities. (5) Other justifiable reasons, e.g., owner going out of business or business sold or leased to another person. D. REINSTATEMENT TO ROTATION TOW LIST (1) Whenever a tow service removed from a rotation tow list has again complied with the provisions set out hereinabove, and the Police Department is satisfied that continued compliance will be maintained, the tow service may be restored to the rotation tow list. (2) Upon application for reinstatement, the tow service shall provide the following: a. A completed Application for Rotation Tow Listing. b. Written statement providing justification for reinstatement. (3) If rejected, the tow service shall be notified in writing of the grounds for rejection. E. INSPECTION OF TOW SERVICES (1) The Police Department shall provide for an initial inspection of tow services prior to acceptance on the area rotation tow list to ensure tow cars are in compliance with this resolution and the Tow Service Agreement. The Police Department may inspect tow services periodically to ensure compliance is maintained. (2) Morro Bay Police Department Form-156 shall be used in conducting tow service inspections. The original shall be filed at the Police Department and a copy of the form shall be delivered to the tow service operator. Inspecting officers must ensure that all violations recorded on the form are corrected. F. COMMUNICATION AND COORDINATION The Police Department may conduct periodic meetings with tow service operators on rotation tow lists. 4. DISCLAIMER If any section, subsection, sentence, paragraph, clause, phrase or portion of this resolution is for any reason held to be unconstitutional.or invalid by a decision of any court, such shall not affect the remaining portions of the resolution. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held thereof on this 23rd day of January 1989 by the following roll call voted: AYES: Baker, NOES: None ABSENT: None ATTEST: ARD=H DAVIS, CITY CLERK Lemons, Odell, Wuriu, Sheetz JS:ljh disk al-towcar RE S OLUT = ON WIZ)_ O 7 — 8 9 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY DISAPPROVING WITHOUT PREJUDICE THE SAN LUIS OBISPO COUNTY HAZARDOUS WASTE MANAGEMENT PLAN T H E C I T Y C O U N C I L City of Morro Bay, California WHEREAS, Chapter 1504 of the California Government Code re- quires the County of San Luis Obispo to prepare a Hazardous Waste Management plan and facility siting procedures; and WHEREAS, the County of San Luis Obispo has prepared a final draft of the County Hazardous Waste Management Plan, and deliv- ered said Plan to the City of Morro Bay on 16 November 1988; and WHEREAS, the County of San Luis Obispo has also completed a draft Hazardous Waste Management Plan Environmental Impact Report, and said EIR was reviewed and commented upon by the City Council of the City of Morro Bay during a public hearing at a regular meeting thereof on 28 November 1988; and WHEREAS, State law (Assembly Bill 2948; 1986) requires a county's hazardous waste management plan to be approved by a majority of the cities within the county which contain a majority of the population of the incorporated areas before 01 February 1989; and WHEREAS, if a city does not act upon the plan within a ninety (90) day timeperiod from receipt of the plan, the city will have been deemed to approve the plan; and WHEREAS, said ninety (90) day period for the City of Morro Bay will conclude on 13 February 1989, which date conflicts with the requirement for action by 01 February 1989; and WHEREAS, Section 15096 of the CEQA guidelines requires the City of Morro Bay to consider a final environmental impact report when deliberating the Final County Hazardous Waste Management Plan; and WHEREAS, the Final EIR of the County Hazardous Waste Manage- ment Plan is not complete, has not been received by the City of Morro Bay, and the City Council of the City of Morro Bay will not meet again in a regular meeting thereof until 14 February 1989. Resolution No. 07-89 Page Two NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Morro Bay, California, does hereby disapprove without preju- dice the Final Draft of the San Luis Obispo County Hazardous Waste Management Plan (November 1988) based on the following: 1. The Final EIR of the County Hazardous Waste Management Plan is not available and not complete; and 2. State law requires city action on said Plan before 01 February 1989; and 3. The Morro Bay City Council desires to preserve its right to review and approve or disapprove said Plan by affirmative action rather than succumb to automatic approval of the Plan by statutory provision. BE IT FURTHER RESOLVED by the City Council of the City of Morro Bay, California, to hereby inform the County of San Luis Obispo that the City of Morro Bay will reconsider the County Haz- ardous Waste Management Final Plan at such time a certified EIR is available. PASSED AND ADOPTED by the Morro Bay City Council at a regu- lar meeting thereof held on the 23rd day of January, 1989 on the following vote: AYES: Baker, Lemons, Odell, Wuriu, Sheetz NOES: None ABSENT: None ATTEST: ARDITH DAVIS, City Clerk RESOLUTION NO. 06-89 RESOLUTION ACCEPTING COASTAL COMMISSION CERTIFICATION OF AMENDMENT REQUESTS TO THE IMPLEMENTATION PROGRAM (ZONING ORDINANCE) IN PLANNING AREA 4 (Williams Bros., Measure B area) OF THE MORRO BAY LOCAL COASTAL PROGRAM, AMENDMENT NO. 02-88 (CASE NO. LUP/ZOA 01-88) T H E C I T Y C 0 U N C I L City of Morro Bay, California WHEREAS, on May 9, 1988, the adopt Ordinance No. 324 adopting Coastal Program Implementation Planning Area 4; and City Council of the City of Morro Bay did certain amendments to the Morro Bay Local Program (Zoning text and Map) within 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 the Coastal Commission; and WHEREAS, said amendments were considered by the California Coastal Commission at its regular meeting held September 13, 1988 in Marina Del Rey, and were certified as submitted by the City without alteration or conditions; and WHEREAS, the City Council of the City of Morro Bay held a duly noticed public hearing on January 9, 1989 to consider the Coastal Commission's resolution of certification; and WHEREAS, the City Council does hereby determine and find for the purposes of the California Environmental Quality Act that the contemplated 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 WHEREAS, the certified 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 WHEREAS, at said public hearing, the City Council did consider the actions of the Coastal Commission on the matter, the report of the Community Development Director, 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: City Council Resolution No. 06-89 Page Two 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 acknowledges receipt of the California Coastal Commission resolution of certification and agrees to issue Coastal Development Permits for the total area included 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 regular meeting thereof held on the 9th day of January, 1989 on the following vote: AYES: Baker, Lemons, Odell, Wuriu, Sheetz NOES: None ABSENT: None ATTEST: ARDITH DAVIS, City Clerk • RESOLUTION NO. 05-89 RESOLUTION ACCEPTING COASTAL COMMISSION CERTIFICATION WITH CONDITIONS AND ADOPTION OF MINOR MODIFICATIONS TO LANGUAGE OF LAND USE PLAN IN PLANNING AREA 4 (Williams Bros., Measure B area) OF THE MORRO BAY LOCAL COASTAL PROGRAM, AMENDMENT NO. 01-88 TO CONFORM TO COASTAL COMMISSION CONDITIONS (CASE NO. LUP/ZOA 01-88) T H E C I T Y C O U N C I L City of Morro Bay, California WHEREAS, on April 13, 1987, the City Council of the City of Morro Bay did adopt Resolution No. 47-87 which Resolution adopted certain amendments to the Morro Bay Local Coastal Program Land Use Plan Text and Map within Planning Area 4 in order to comply with Measure "B", a citizen initiative; and WHEREAS, such amendments were submitted to the California Coastal Commission for certification as part of the City's Local Coastal Program; and WHEREAS, said amendments were considered by the California Coastal Commission at its regular meeting held June 7, 1988 in San Diego, at which time the City Attorney, as the representative of the City, stipulated certain minor modifications to the City's submittal in order to conform it to the Coastal Commission's staff recommendations, and the amendments were then certified by the Coastal Commission as submitted; and WHEREAS, said modifications to the submittal made by the City Attorney are minor in nature, do not change the use of the land, do not change the intent nor purpose of the City Council when it amended 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 January 9, 1989 to consider the Coastal Commission's resolution of certification and said minor modifications to the City's submittal, 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 contemplated 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 WHEREAS, the contemplated modifications to the 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 .I City Council Resolution No. 05-89 Page Two WHEREAS, at said public hearing, the City Council did consider the actions of the Coastal Commission on the matter, the report of the Community Development Director, and 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 certification by the California Coastal Commission and amends to conform thereto its previously adopted Resolution No. 47-87 which Resolution adopted amendments to the Morro Bay Local Coastal Program Land Use Plan Text and Map within Planning Area 4; said amendments are set forth in Exhibit A attached hereto and made a part hereof by reference; and 3. The City Council hereby acknowledges receipt of the California Coastal Commission resolution of certification including the modifications which were stipulated for final certification; accepts and agrees to such modifications and by this Resolution takes the formal action required to satisfy the modifications and agrees to issue Coastal Development Permits for the total area included 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 regular meeting thereof held on the 9th day of January, 1989 on the following vote: AYES: Baker, Lemons, Odell, Wuriu, Sheetz NOES: None ABSENT: None ATTEST: �(�%% .---- ARDAVIS, City Clerk C. List of Changes to LUP Text Changes in the existing text of for Measure eB- are minimal as the Williams property are found only Agricultural. EXHIBIT 'A' the LUP in order to provide principal references to the in Chapter VIII - Coastal Policies 6.07 and 6.08(2) are revised as indicated below. In addition, policy 6.09 is added. Note that underlining indicates words added and crosshatching indicates language to be deleted. New Policy 6.09 (Meas.ure B�) sha1�1 1?g added to the LUP as follows: AN ORDER M PROVIDE TO AMEND THE MORRO BAY I�1Np USE PLAN (LUP) REGARDING THE AREA DESIGNATED AS THE WUL4MS pROpERyy w ORDER TO AP THAT LAND WHICH IS NOT N FACT SUITABLE FOR AGRICULTURAL USES MAY 8E CONSIDERED 8y THE pry OF MORRO BAY FOR APPROPRIATE FUTURE OEVELOPMENL THE PEOPLE OF THE CITY OF MORRO BAY DO ORDAIN AS FOLLOWS: SECTION 1: The Pn of the Williams grNC4 y Shad arutd lis Coastal I" UN Plan (LUP) and ,g s,IplicaMe adinaness. policies and map, to designato , potion opery within the City gMts for appropriate commercial and visitor -Serving uses. ineydlrp anew shopplrp pour. The total area K be designated 5) loth use,, be a M tinny f7o1 net acres genstep�, bcatsd ad)aesn, b Highway t and Mond e00roaim,laly lih,sn (ISl MI lens to be available lor'dlatrkt commercial uses end s' w�• MN .•viaita-aoMnq•• wed. Thed W such usei anti W N arxoManp w'th a psaas da�v approximately not witara$ 10 be available for h ms UP and relevant Coastal Ace and Chapter 7 Nothlnp ednlained heroin Snap W oonstmed to pernM any residential devebprnMi on dM YVIBame property. SECTION t upon adoouonaptaordinance �.p be MOM to the Land Use Plan for the City of Morro 8 ' WbNltedtolhe C,alorrd ofrn an im,nd= SECTION 3: It any provision ol this ordinance is SdftWgod kwafid by a cc distinct and sevesbte and such adiWicMian Sheaa nett at a me termurt a pnaetent jrriadlctlon, reels provlsbn stud Oe deemed..pasta 'ni^0 Provisions of the ordinanca SECTION C This ordinance snag suaneda all Odd ordinances and LUP policies in ctrdtia tharewilh, The following existing LUP Policies which are inconsistent with Policy 6.09 (Measure B)-are hereby amended as follows: Policy 6.07 The City's Urban Reserve and Urban Services Line shall be drawn to coincide with the. present City limits with the exception of the Cabrillo property and_ Gha �1}yyQ_pEepesty.which shall be excluded from that line. Policy 6.08(2) (2) Designate the Williams property for agricultural land use, exce t for thirty (30) net acres Measure B with provisions for su Prescribed by es a Policy 6.09 ubject the pol dies contained within the LUP. pp Permitted emental ssupplement louses on the Williams are: public recreational, visitor -serving -4- CITY MODIFICATIONS MADE BY STPULATION AT JUNE 1988 COASTAL COMMISSION HEARING In addition to the language in the initiative, the City proposes to amend the present text. of the LUP to: (1) change the land use map so that the urban/rural boundary includes only the property within the 30 net acres designated (2) amend policy 6.07 of the certified LUP to place only the portion of the Williams property redesignated within City limits within the urban portion of the urban/rural boundary (also known as the Urban Reserve and Urban Services Line). (3) amend policy 6.08(2) to exempt the thirty net acres referenced in the initiative from the agricultural designation in the LUP; and (4) add the initiative as new policy 6.09. The full text of the initiative and the City's other amendments is found in Exhibit 2. The following text and map information shall be inserted in the Local Coastal Program Land Use Plan in place of the existing text and map to reflect the amendments certified by the Coastal Commission. Language to be deleted is shown by strike outs, and new language is underlined. Policy_ 6.07 The City's Urban/Rural Boundary shall be drawn-to-ee€ee¢de-with-the-present €te--wtt#-tke--exeeat3ea-e€-the -Gabr}}}e-peeperty- and -the --W}}}3emg Policy_ 6_08 first sentence is revised to read): (2, Designate the Williams property for agricultural land use, except for thirty _(30) net acres prescribed by Policy 6.09_(Measure BZ, with provisions for supplemental uses subject to -the policies contained within the LUP. Policy 6.09 AN ORDINANCE TO AMEND THE MORRO BAY LAND USE PLAN (LUP) REGARDING DESIGNATED AS—THE"-WI'LLTAMS-PROPERTY--IN- ORDER TO--PROVTDE-THAT-LAN NOT-IN-FACT--SUITABLE-FOR-AGRI CULTURAI-USES-MAYBE-COITSTDERED-BY-T MO'RR OKAY--FOR-APPR"OPRTATE-FUTURE--DEVELOPMENT . THE PEOPLE OF THE CITY OF MORRO BAY DO ORDAIN_ AS FOLLOWS: SECTION 2: UDon adoption this ordinance shall be immediately submitted to . If anv provision of t rsii e. m ud¢ed SECTION 4: This ordinance shall supersede _all other_ ordinances and LUP po-1_icies iri corifl'i�=t]erewitFi__---- RESOLUTION NO._4-89 RESOLUTION ACCEPTING TRANSFER OF REAL'PROPERTY ADJACENT TO PINEY WAY AND PINEY LANE FROM THE COUNTY OF SAN LUIS OBISPO T H E C I T Y C 0 U N C I L City of Morro Bay, California WHEREAS, The County of San Luis Obispo currently holds fee title to certain property within the incorporated boundaries of the City of Morro Bay; and WHEREAS, said County has declared that said property is not required for County purposes; and WHEREAS, acquisition of portions of said property are necessary to the City of Morro Bay for street and drainage purposes; and WHEREAS, the City of Morro Bay Planning Commission has determined that said acquisition is in compliance with the City adopted General Plan; and WHEREAS, the public interest will be best served by transferring fee title ownership of said property to the City of Morro Bay; and WHEREAS, the San Luis Obispo County Board of Supervisors by the adoption of Resolution No. 88-537 authorized the transfer of said property by quitclaim deed; and WHEREAS, said quitclaim was executed by the Chairman of the Board of Supervisors. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Morro Bay hereby accept the transfer of real property from the County of San Luis Obispo, as legally described in Exhibit "A" attached hereto and incorporate herein by reference. BE IT FURTHER RESOLVED that the City Clerk be authorized and directed to cause the execution and recordation of documents necessary to complete said transfer. 6 i PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held on the 9th day of January, 1989, by the following vote: AYES: Baker, Lemons, Odell, Wuriu, Sheetz NOES: None ABSENT: None ATTEST: ARDITH DAVIS, City Clerk IN THI BOARD OF SUPEASORS COUNTY OF SAN LUIS OBISPO, STATE OF CALIFORNIA day ___2PN1 NOVE1145ER_______,19 $$__ PRESENT: Supervisors Jerry Diefenderfer, Evelyn Delany, James Johnson, Carl Hysen and Chairman William B. Coy ABSENT: None In the matter of RESOLUTION NO. 88-537: This being the time set for hearing to consider a resolution authorizing the transfer of real property to the City of Morro Bay and rescinding a previously executed quitclaim deed: Mr. Curt Sorg, General Services, explains in 1986 the City of Morro Bay requested to transfer certain real property not required for County use to the City; subsequently, only portions of the transferred real property were accepted by the Morro Bay City Council; the city originally intended to sell certain frontages of the subject property to adjacent property owners and use the other portions for future road widening and preservation of existing storm drain facilities right-of-way; however, the city is now requesting the County sell these portions of property to adjacent property owners not required for city use. Supervisor Hysen comments to the anticipated revenue derived from the surplus sale and related issues. Supervisor Delany speaks to the issue. Supervisor Johnson comments to alternatives if adjacent property owners do not wish to purchase these parcels. Matter is discussed and thereafter, on motion of Supervisor Delany, seconded by Supervisor Hysen and on the following roll call vote, to wit: AYES: SUPERVISORS Delany, Hysen, Diefenderfer, Johnson, Chairman Coy NOES: None ABSENT: None RESOLUTION NO. 88-537 Authorizing Transfer of Real Property to the City of Morro Bay and Recession of Previously Executed Quitclaim Deed, adopted. cc - (2) General Services Auditor file 11-28-88 0078M:sr 4 cos, B-1 i RTINfEc OF GA ;FORMA ) ss ! couwrf OF SAN L.UIS cswo) I. FRASICIS ". COOAE.1, Cora! CL:rk of the 00%le i oriMled Count}'. and Ex-Ofricio Cork of Cta Boar6 c? i Superd3o:1� U!areet, dG ha:eby Celia the'ompou,p I to be a ful!, true and correct copy of an order entered in the minutes of said Board of Supervisors, and nGw remaininp of record in my office. Witness,.my hand and seal of said Board of Super- visors thisNOV 2 1°88 day of i9 FRANC* Ft. COONEY Cemw Clark and Er.-Qt5cio Clerk of the Board et Sepcn•isors t IN THI BOARD OF SUPERSORS COUNTY OF SAN LUIS OBISPO, STATE OF CALIFORNIA _MKS_ day __?AND _NOVEMBER____ 19__ 88 PRESENT: Supervisors Jerry Diefenderfer, Evelyn Delany, James Johnson Carl Hysen and Chairman William B. Coy ABSENT: None RESOLUTION NO. 88-537, RESOLUTION AUTHORIZING TRARSFER—DT-MAL PROPERTY TO THE CITY OF MORRO BAY AND RESCISSION OF PREVIOUSLY EXECUTED QUITCLAIM DEED The following Resolution is hereby offered and read: WHEREAS, Government Code Section 25365 provides that the Board of Supervisors may, by a four -fifths vote, quitclaim or otherwise transfer title to real property within the County or any interest therein belonging to the County to a City upon such terms and conditions as are agreed upon and without complying with any other provisions of the Code, if the property to be transferred is not required for County use; and WHEREAS, the County of San Luis Obispo currently I owns certain real property in the incorporated City of Morro Bay not required for County use; and WHEREAS, the Planning Commission for the City of Morro Bay has determined that this transfer is in conformity with the City's General Plan pursuant to Government Code 65402; and WHEREAS, Notice of Intention to transfer real property has been published as required by Government Code 25365; and WHEREAS, this Board has previously offered some real property to the City of Morro Bay by authorizing Resolution No. 86-436; and WHEREAS, the City of Morro Bay has rejected said offer and desires to only accept certain portions of said real property previously offered by County; and WHEREAS, the public interest will be best served by transferring certain real property to the City of Morro Bay and rescinding the previously executed Quitclaim Deed dated October 14, 1986. NOW, THEREFORE, BE IT RESOLVED AND ORDERED by the Board of Supervisors of the County of San Luis Obispo, State of California,: as follows: 1. That the County does hereby rescind Resolution 86-436 and the previously executed Quitclaim Deed to the City of Morro; Bay dated October 14, 1986. 12;f 2. That, the County .c�oes.hereby'transfer to, the City of Morro Bay that real property situated `in the City of•-Mdrr6'Bay, County,'of' San..'Cuis,.Obispo•, ".,State of California, as legally described in Exhibit "A" attached hereto 'and incorporated K'60e1n `by'- reference;'' v 3. That the Chairman and Clerk of the Board are hereby authorized and directed to execute the Quitclaim Deed attached hereto and the County hereby consents to the recordation of the attached Quitclaim Deed upon acceptance by the City of Morro Bay. Upon motion of Supervisor DELANY - , seconded by Supervisor HYSEN and on the following roll call vote, to -wit: AYES: SUPERVISORS Delany, Hysen, Diefenderfer, Johnson, Chairman Coy NOES: None ABSENT: None ABSTAINING: None the foregoing Resolution is hereby adopted. WILLIAM B. COY Chairman —of the Board of Supervisors ATTEST: FRANCIS M. COONEY Clerk of the Board of Supervisors APPROVED AS TO FORM AND LEGAL EFFECT: JAMES B. LINDHOLM, JR. County Counsel By: ueputy County IuoVnsei Date: Poy - --mee GL 0055/0 ) jr/cjt/16760/J#1 11/23/88 STATE OF CALIFORNIA, County of San Luis Obispo, } ss. -- FRANCIS M. GOONEY __ County Clerk and ex-officio Clerk I+ --- - ---- ---. COO----------------- - of the Board of Supervisors, in and for the County of San Luis Obispo, State of California, do hereby certify the foregoing to be a full, true and correct copy of an order made by the Board of Supervisors, as the same appears spread upon their minute book. WITNESS my hand and the seal of said Board of Supervisors, affixed this-.____28th day of---- t- 'Nlowember--------+ 19--$$. FRANCIS M. COONEY County Clerk and Ex-Officio Clerk of the Board (fiEAL. of Supervisors By----------------- WDRA REINER Deputy Clerk. I 0 10 RECORDING REQUESTED BY: WHEN RECORDED MAIL TO: QUITCLAIM DEED The County of San Luis Obispo, a body corporate and politic, for good and valuable consideration, the receipt of which is hereby acknowledged, does hereby remise,* release, and Quitclaim to the City of Morro Bay that real property located in the City of Morro Bay, San Luis Obispo County, State of California as legally described in Exhibit A attached hereto and incorporated herein by this reference. Executed on the 22nd day of November , 1988. COUNTY OF SAN LUIS OBISP By: X,� .,. Cha rman of the Board upervisors Authorized by the Board of Supervisors the 22nd day of November , 1988. ACKNOWLEDGEMENT ) State of California ) ss County of San Luis Obispo ) On this 22nd day of November , in the year 1988, before me FRANCIS M. COONEY, Count-y Tic and Ex-Officio Clerk of the Board of Supervisors, County of San Luis Obispo State of California, personally appeared WILLIAM B. COY , known to me to be the Chairman of the Board of Supervisors of the County of -San Luis Obispo, State of California and to be the person who executed the within instrument on behalf of said public corporation, agency or political subdivision, and acknowledged to me that such County of San Luis Obispo, State of California, executed same. FRANCIS M. COONEY, County Clerk and Ex-Officio Clerk of the Board of Supervisors, County of San Luis Obispo, State of California By: Deputy clerk SO RA REINER (SEAL) jr/16410/J#1 12/1 EXHIBIT A Legal Description Those portions of the real property in the City of Morro Bay, County of San Luis Obispo, State of California, more particularly described as: -PARCEL A - All that real property in the Town of Morro, City of Morro Bay, being that part of the northeast 1/4 of the southeast 1/4 of Section 36, Township 29 South, Range 10 East, Mount Diablo Base and Meridian in the County of San Luis Obispo, State of California, described more particularly; beginning at a point on the east line of the northeast 1/4 of the southeast 1/4 Section 36, Township 29 South, Range 10 East, Mount Diablo Base and Meridian, said point being distant north 89' 38' east 14.62 feet of the southeast corner of Lot 8, Block H of the Cerrito addition to the Town of Morro according to the map filed in the Office of San Luis Obispo County Recorder, State of California, in Book A of maps at page 34 on March 14, 1888; thence southerly along the easterly line of Section 36 to the point of intersection of said easterly line and the easterly prolongation of the northerly line of the property conveyed from G. Lewis to G. Lewis etal, in the deed recorded on September 26, 1984 in Volume 2638 at Page 188 of Official Records in the Office of the San Luis Obispo County Recorder; thence westerly along said prolongation of the northerly line of said Lewis property to the northeasterly corner of said Lewis property; thence northerly along the easterly line of said Block H to the southeasterly corner of said Lot 8 in Block H of said Cerrito Addition; thence north 89° 38' east, 14.62 feet to the point of beginning; and, -PARCEL B- All that real property in the Town of Morro, City of Morro Bay, being that part of the northeast 1/4 of the southeast 1/4 of Section 36, Township 29 South, Range 10 East, Mount Diablo Base and Meridian in the County of San Luis Obispo, State of California, described more particularly; beginning at the southeast corner of a tract described in Volume 163, Page 442 of Deeds as filed in the Office of the San Luis Obispo County Recorder, State of California, thence westerly along the north line of Government lot 5 of Section 36, Township 29 South, Range 10 East, Mount Diablo Base and Meridian to the east line of Lot 1, Block 5 of Morro Rock Park according to records of said County; thence northerly along the east line of said Lot 1 to the southerly line of Lot 15, Block H of the Cerrito Addition to the Town of Morro as shown on the map filed in the Office of the San Luis Obispo County Recorder in Book A of maps at page 34 on March 14, 1888; thence easterly along the southerly line of said Block H to the southeast corner of Lot 13, Block H of the Cerrito Addition; thence easterly along the prolongation of the southerly line of said Block H to the easterly line of the northeast 1/4 of the southeast 1/4 of aforementioned Section 36; thence southerly along said easterly line of Section 36 to the point of beginning AND, -PARCEL C- All that real property in the Town of Morro, City of Morro Bay, being that part of the northeast 1/4 of the southeast 1/4 of Section 36, Township 29 South, Range 10 East, Mount Diablo Base and Meridian in the County of San Luis Obispo, State of California, described more particularly; beginning at the point of the intersection of the easterly projection of the southerly right-of-way of Vista Street and the easterly line of said section, said point is South 293.35 feet, more or less, from the northeast corner of the parcel described in Volume 163, page 442 of Deeds; thence South 210 feet more/less to a point on a line which is an Easterly projection of the North right-of-way line of Olive Street; thence Westerly 19.68 feet to the southeast corner of Lot 8, Block F, Cerrito Addition to the Town of Morro; thence Northerly along the Easterly line of Lots 8 and 6 of said Block F, 210 feet to the southerly right-of-way line of Vista Street; thence Easterly 21.37 feet along said right-of-way to the point of beginning. (Assessor Parcels 66-225-014 and 66-187-006) � � T � '� to-2a1 • 'a o h Count s_ yor RC �; ' '>, Dated r.l j r/l 6410/J€l 1 2/l /88 p CIS iL f lye` OF CALIEJ b o " 0 OL/VE PARCEL B ST. L y V/S TA � r c � e � �b im .ST. c c " 4 B PARCEL C� ST. .I m � I W 1 J n N V� I n o � W 4 oc/ve R/O GEWAY PEE; W A d n � " W A t Z � o is EXHIBIT "B" RESOLUTION NO. 03-89 i A RESOLUTION SETTING FORTH THE OPERATING PROCEDURES FOR ADMINISTRATION OF THE 1989 ANNUAL WATER ALLOCATION PROGRAM THE CITY COUNCIL City of Morro Bay, California WHEREAS, Section 13.20 of the Municipal Code directs the City Council to adopt a water equivalency program each year; and WHEREAS, Section 13.20.050 B. of the Municipal Code requires the City Council to review annually the operating procedures for administration of the water equivalency program; and WHEREAS, the City Council on December 12, 1988 and January 9, 1989 conducted duly noticed PUBLIC HEARINGS to consider the report of the Planning Director recommending certain modifica- tions to the operating procedures currently in effect, the recommendations of the Planning Commission concerning the operating procedures for 1989, and comments of all interested persons wishing to testify. NOW, THEREFORE, BE IT RESOLVED, as follows: 1. That the City Council hereby receives and accepts the recommendations of the Planning Director setting forth the 1989 water operating procedures subject to several modifications. The modified operating procedures, which shall be an amendment to Section II of the 1987 operating procedures, shall be as follows: a) Participants in the 1988 water lottery that were not selected for submittal of building applications in 1988, and held a recorded deed as of July 1, 1988 upon which the same names appear as on the original application shall be placed at the front of the permanent water waiting list. b) The City shall conduct a lottery in early 1989 in order to establish a long term waiting list of applicants for water awards. This list shall be added to, and follow the list of applicants established under (a) above. The lottery shall be held one time only but shall be open ended, with no limitation on the number of applicants that may participate. In order to participate in the lottery, only a letter of request and a copy of a recorded deed shall be required. 0 City Council Resolution No. 03-89 Page Two c) Following initial creation of the waiting list through steps (a) and (b) above, applications for addition to the end of the waiting list shall be accepted at any time upon a letter of request and copy of a recorded deed. d) Each position on the list shall be for a specific person, group of persons, or entity, and property only. Positions on the waiting list may not be transferred to another person or entity, or to another property. In cases where more than one person's name appears on the recorded deed originally submitted to the City, the position on the list shall remain valid so long as any individual originally listed on the deed remains on the recorded deed at the time a building permit is ready to be issued. e) Applicants will be processed within a given year through the quarterly award procedure, and will be placed in the first available quarterly award following completion of their application. Requirements relating to awarding water consistent with Coastal Act priorities remain in effect and water will be awarded in accordance with applicable coastal permits. f) If an individual, group, or entity declines to accept an allocation when made by the City, their position will fall from the waiting list entirely, and a new application must be made and will be placed at the end of the list. g) An individual, group, or entity may enter more than one property in the lottery, or onto the waiting list, but shall be permitted to build only one residence in any given year. If more than one parcel owned by the same individual, group, or entity moves into the allocation for a given year, the extra parcels shall be relocated to the top of the waiting list for the following year. An exception to this limitation shall be allowed in the event that there are fewer applicants waiting to build than the Council can approve in any given year consistent with Measure F. h) Multi -family housing projects shall be placed on a separate waiting list, also formed as in (a) and (b) above. Individual multi -family projects shall not be limited to one unit per year, but shall move into the first position on the waiting list when all preceding multi -family projects have been approved. When a multi- family project rises to the top of the waiting list, City Council Resolution No. 03-89 Page Three the entire project, with all the units will be eligible for approval. In cases where there is not a large enough allocation to provide for all the units requested, the applicant may save his allocation for the following year, or may build the number of units that can be approved. NOW, THEREFORE, BE IT FURTHER 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 City Council does hereby adopt the 1989 Water Operating Procedures. PASSED, APPROVED, AND ADOPTED, on the 9th day of January, 1989, by the following vote to wit: AYES: Baker, Lemons, Odell, wuriu, Sheetz' NOES: None ABSENT: None ATTEST: � RDITH DAVIS, City Clerk Y 0 RESOLUTION NO. 02-89 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY APPROVING THE APPLICATION FOR GRANT FUNDS FOR THE PER CAPITA GRANT PROGRAM UNDER THE CALIFORNIA WILDLIFE, COASTAL, AND PARR LAND CONSERVATION ACT OF 1988 FOR TIDELANDS PARR PROJECT, RECREATIONAL PHASE THE CITY COUNCIL City of Morro Bay, California WHEREAS, the people of the State of California have enacted the California Wildlife, Coastal, and Park Land Conservation Act of 1988, which provides funds to the State of California and its political sub- divisions for acquiring and/or developing facilities for public recreational and open space purposes; and WHEREAS, the State Department of Parks and Recreation has been delegated the responsibility for the administration of the program within the state, setting up necessary procedures governing application by local agencies under the program; and WHEREAS, said procedures established by the State Department of Parks and Recreation require the applicant to certify by resolution the approval of applications(s) before submission of said application(s) to the state; and WHEREAS, said application(s) contain assurances that the applicant must comply with; and WHEREAS, the applicant will enter into an agreement with the State of California for acquisition or development of the project(s). NOW, THEREFORE, BE IT RESOLVED that the City Council hereby: 1. Approves the filing of an application for the Per Capita Grant Program under the California Wildlife, Coastal, and Park Land Conservation Act of 1988 state grant assistance for Tidelands Park Project, Recreational Phase; and 2. Certifies that said -applicant understands the assurances and certification in the application form; and 3. Certifies that said applicant has or will have sufficient funds to operate and maintain the project(s); and 4. Appoints the City Administrator as agent of the City of Morro Bay to conduct all negotiations, execute and submit all documents including, but not limited to applications, agreements, amendments, payment requests and so on, which may be necessary for the completion of the aforementioned project(s). • • RESOLUTION NO. 02-89 PAGE 2 PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held on this 09th day of January, 1989 by the following roll call vote: AYES: Baker, Lemons, Odell, Sheetz, Wuriu NOES: None ABSENT: None ATTEST: 6• SHEET�, MAYOR R E S CDLUT = ON N O_ 1— 8 9 A RESOLUTION ESTABLISHING THE ORDER OF BUSINESS AT CITY COUNCIL MEETINGS, AND SETTING CERTAIN RULES OF PROCEDURE GOVERNING PUBLIC COMMENTS AND COUNCILMEMBER ABSTENTIONS T H E C I T Y C O U N C I L City of Morro Bay, California WHEREAS, Section 2.08.030 of the Morro Bay Municipal Code provides the City Council may from time to time prescribe by res- olution the order in which the business of their meetings shall be taken up; and WHEREAS, Section 2.08.050 of the Morro Bay Municipal Code permits the City Council to prescribe specific time limits for persons addressing the City Council on City business matters; and WHEREAS, it is necessary and prudent to establish certain procedural rules for the efficient, effective, and orderly con- duct of the business of the City during meetings of the City Council. 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 the above recitations are true and correct and constitute the findings of the City Council in this matter; and 2. Order of Business. The order of business of the City Council shall be taken up in the following manner: A. Roll Call B. Invocation C. Pledge of Allegiance D. Public Comment Period E. Council Declaration of Future Agenda Items F. Consent Calendar G. Unfinished Business H. New Business I. Public Hearings, Reports, and Appearances J. Closed Session K. Adjournment; and Resolution No. 1-89 Page 2 3. Addressing the City Council. Any person wishing to address the City Council will be given the opportunity to do so in accordance with the following procedure: A. Persons wishing to address the City Council on an item which appears on the agenda under Public Hearings Reports and Appearances shall wait un- til the matter is announced for consideration and opened to the public, at which time they may ad- dress the City Council on that particular item. B. Persons wishing to address the City Council on an item which appears on the agenda under Consent Calendar, Unfinished Business, New Business, Closed Session, or wishing to offer comments on unagendized City business shall wait until the Public Comment Period is announced for considera- tion, at which time they may address the City Council on those particular items. C. Each person addressing the Council shall come for- ward to the public microphone, shall give his/her name and address for the record, and shall limit their comments to a three (3) minute timeperiod. D. All remarks should be addressed to the Council as a body, and not to any individual member thereof. Questions of Councilmembers or staff shall be asked through the Mayor as presiding officer. The Mayor may limit or end any commentary that is not germane to the business at hand, redundant, or that is scurrilous, abusive, or not in accord with good decorum and order. E. Persons present at Council meetings should avoid interrupting, applauding, or otherwise expressing disruptive approval or disapproval of any state- ments made or actions taken at such meetings. Any person who continues to violate these rules after warning by the Mayor may be ejected for the re- mainder of the meeting then in progress; and 4. Abstentions/Failures to Vote. Every member of the City Council present at a meeting when a question is put shall vote unless the member abstains from participation therein because of a conflict of interest or the appearance of interest or unless (s)he is otherwise prohibited by law from participation. Any member abstaining on grounds of conflict or appear- ance of interest must so declare at the time the agenda item is Y Resolution No. 1-8• • Page 3 called, and then shall remove himself/herself from the City Coun- cil dais until deliberation and vote on the specific question is completed. Failure or refusal to vote by a member of the City Council when present, except for a declared conflict or appear- ance of interest, shall be recorded with the majority vote; and 5. Suspension of Rules. The rules prescribed herein shall not be dispensed with or suspended unless a majority of the members of the City Council present consent by voting thereto. No rule of procedure or order of business herein shall be amended or repealed without notice given and resolution adopted at a subsequent meeting. PASSED AND ADOPTED by the Morro Bay City Council at a regu- lar meeting thereof held on the 9th day of January, 1989 on the following vote: AYES: Baker, Lemons, Odell, Wuriu-i,Sheetz NOES: None ABSENT: None ATTEST: ARDITH DAVIS, City Clerk