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HomeMy WebLinkAboutResolution 01-90 to 83-900 RESOLUTIONS - 1990 • NUMBER TITLE ADOPTED 01-89 RESOLUTION AWARDING CONTRACT FOR MUNICIPAL WATER SYSTEM LEAK DETECTION 01-08-90 02-90 RESOLUTION AUTHORIZING AND DIRECTING THE INSTALLATION OF A YIELD SIGN ON JAVA ST. AT BEACHCOMBER AVE. 01-08-90 03-90 RESOLUTION SUPPORTING A CALIFORNIA STATE COASTAL CONSERVANCY GRANT TO THE COASTAL SAN LUIS RESOURCE CONSERVATION DISTRICT FOR IMPLEMENTATION OF PHASE I OF THE MORRO BAY WATERSHED PROGRAM 01-08-90 04-90 RESOLUTION AMENDING THE 1989/1990 MASTER FEE SCHEDULE TO INCLUDE AN UNREINFORCED MASONRY BUILDING'PLAN CHECK & BUILDING PERMIT FEE 01-22-90 05-90 VOID 06-90 RESOLUTION ANNOUNCING FINDINGS & APPROVING AMENDMENT TO CONDITIONS OF APPROVAL FOR TENTATIVE TRACT 1231 AND CDP 77-87R - LOPERENA; IRONWOOD 07-90 VOID 08-90 VOID 09-90 RESOLUTION ANNOUNCING FINDINGS & DENYING AN APPEAL & MAKING A MINOR MODIFICATION TO THE PC'S CONDITIONS OF APPROVAL FOR A CUP TO PERMIT THE EXPANSION OF A COMMERCIAL FISHING FACILITY - CENTRAL COAST SEAFOOD; MIKE DEGARIMORE 01-22-90 10-90 VOID 11-90 RESOLUTION ANNOUCNING FINDINGS & UPHOLDING ACTION BY PC DENYING A CUP & CDP TO ALLOW A FAST FOOD & DRIVE-THRU RESTAURANT - MC DONALD'S 01-24-90 12-90 RESOLUTION ANNOUNCING FINDINGS & UPHOLDING ACTION BY PC & DENYING A SIGN EXCEPTION PERMIT - MCDONALD'S 01-24-90 13-90 RESOLUTION ANNOUNCING FINDINGS & UPHOLDING ACTION BY PC & DENYING A SIGN EXCEPTION REQUEST - MCDONALD'S 01-24-90 14-90 RESOLUTION APPROVING JPA CREATING THE SLO REGIONAL TRANSIT AUTHORITY 01-22-90 15-90 RESOLUTION AWARDING INTERIM LEASE FOR LS 49/49W TO ASSOCIATED PACIFIC CONSTRUCTORS, INC. FOR A MAXIMUM TERM OF THREE YEARS 02-13-90 16-90 RESOLUTION DECLARING SAN JACINTO ST. FROM MAIN ST. TO IRONWOOD AVE. A THROUGH HIGHWAY & DIRECTING INSTALLA- TION OF STOP SIGNS AT ALL INTERSECTING STREETS 02-13-90 17-90 RESOLUTION AUTHORIZING PUBLIC AREA USE PERMIT NOS. NUMBER RESOLUTIONS - 1990 • TITLE ADOPTED 18-90 RESOLUTION ADOPTING A WATER ALLOCATION PROG AVAILABILITY FEES FOR 1990 C�� aye l 02-13-90 19-90 RESOLUTION CO -SPONSORING THE NOMINATION OF THE SUN - BULLETIN NEWSPAPER AS MEDIA SENIOR ADVOCATE OF THE YEAR 02-13-90 20-90 RESOLUTION ACCEPTING A 1989 STATE CDBG AWARDEDFOR REHAB- ILITATION OF LOW-INCOME HOUSEHOLDS & DESIGNATING THE CITY ADMINISTRATOR TO EXECUTE THE GRANT FOR THE CITY 02-13-90 21-90 RESOLUTION AUTHORIZING INSTALLATION OF 20-MINUTES PARKING LIMIT ZONE ON THE SOUTH SIDE OF DUNES ST. WEST OF MAIN ST. 02-13-90 22-90 RESOLUTION DESIGNATING THE INTERSECTION OF KENNEDY WAY/ DUNES ST./SHASTA AVE. A STOP INTERSECTION & DIRECTING THE INSTALLATION OF STOP SIGNS ON ALL APPROACHES THERETO 02-26-90 23-90 RESOLUTION ANNOUNCING FINDINGS & DENYING APPEAL & UP- HOLDING PC APPROVAL OF CDP FOR STREET IMPROVEMENTS TO MIMOSA STREET RIGHT-OF-WAY 03-12-90* 24-90 RESOLUTION ANNOUNCING FINDINGS & UPHOLDING THE ACTION BY THE PC APPROVING AN AMENDMENT TO A PREVIOUS CDP TO ALLOW CONVERSION OF A TIME-SHARE CONDOMINIUM TO A FULL-TIME OWNERSHIP CONDOMINIUM 02-26-90 25-90 RESOLUTION ANNOUNCING FINDINGS & DIRECTING THE COMM.DEV. DIRECTOR TO GRANT ADMINISTRATIVE EXCEPTION TO PARKING STANDARDS OF THE MUNICIPAL CODE FOR 2 YEARS IN DOWNTOWN MORRO BAY 02-26-90 26-90 RESOLUTION APPROVING AMENDMENT TO REFUSE COLLECTION FRANCHISE AGMT. BETWEEN CITY & MB GARBAGE SERVICE TO ESTABLISH CITY-WIDE CURBSIDE RECYCLING PROGRAM 03-12-90 27-90 RESOLUTION ESTABLISHING A CITY-WIDE CURBSIDE RECYCLING PROGRAM & APPROVING A RATE INCREASE FOR RESIDENTIAL & COMMERICIAL REFUSE COLLECTION SERVICES TO FUND PROGRAM 03-12-90 28-90 RESOLUTION AUTHORIZING CHANGE IN THE NAME OF THE REFUSE COLLECTION FRANCHISE BOARD TO SOLID WASTE MGMT. BOARD 03-12-90 29-90 RESOLUTION HONORING THE FEDERAL LAND & WATER CONSERVA- TION ON ITS 25TH ANNIVERSARY 03-12-90 30-90 RESOLUTION ANNOUNCING FINDINGS & APPROVING CITY'S PARTICIPATION IN JPA BETWEEN CITY & COUNTY OF SLO, & OTHER SIX INCORPORATED CITIES TO SHARE IN THE COST OF PREPARING A JOINT COUNTY & CITIES NOISE ELEMENT 03-12-90 31-90 RESOLUTION AWARDING LONG TERM LEASE FOR LS#141 TO U.S. COAST GUARD FOR A MAXIMUM TERM OF 50 YEARS 03-12-90 RESOLUTIONS - 1990 NUMBER TITLE 32-90 RESOLUTION CONGRATULATING THE QUOTA CLUD ON ITS 25th ANNIVERSARY 03-12-90 33-90 RESOLUTION SUPERSEDING RES.# 46-89, AN UNRECORDED DOCUMENT, ACCEPTING OFFER OF DEDICATION OF ADDITION TO KENNEDY WAY RIGHT-OF-WAY AS MADE ON PARCEL MAP MB 87-142 & AMENDING THE ABANDONMENT OF SHASTA AVENUE RIGHT-OF-WAY ACCOMPLISHED BY RES.#103-84. 03-26-90 34-90 VOID 35-90 RESOLUTION DECLARING WEEDS A NUISANCE & FIRE HAZARD & AUTHORIZING THE PUBLIC WORKS DEPT. TO PROCEED WITH ABATEMENT 03-26-90 36-90 RESOLUTION ESTABLISHING METER CHARGES, USE RATES & RELATED FEES & DEPOSITS FOR WATER SERVICES 03-26-90 37-90 RESOLUTION ANNOUNCING FINDINGS & APPROVING CONCEPT PLAN & CDP FOR FIRST PHASE OF A SHOPPING CENTER "PACIFIC COAST SHOPPING PLAZA" aka WILLIAMS BROTHERS & CERTIFYING FINAL EIR. 03-26-90 38-90 RESOLUTION AUTHORIZING RETENTION OF PSHH TO PROVIDE ADMIN. SERVICES RE: 1989 CDBG PROGRAM & DESIGNATING CITY ADMIN. TO EXECUTE GRANT 03-26-90 39-90 RESOLUTION ORDERING MEASURE TO ADOPT A SPECIAL TAX FOR EMERGENCY MEDICAL SERIVCES PLACED ON THE BALLOT OF THE NEXT ELECTION CALLED BY THE CITY COUNCIL 04-09-90 40-90 RESOLUTION ESTABLISHING A COMMEMORATIVE TREE PROGRAM IN PARKS, PUBLIC PLACES AND RIGHTS -OF -WAYS O4-09-90 41-90 RESOLUTION APPOINTING DELEGATE & ALTERNATE TO COUNTY SOLID WASTE TASK FORCE (LEMONS & UPTON) 04-09-90 42-90 RESOLUTION COMMENDING LT (jg) MARK DIETRICH, U.S. COAST GUARD, FOR HIS SERVICE IN MORRO BAY & UPON HIS REASSIGNMENT TO ALAMEDA 04-09-90 43-90 RESOLUTION ANNOUNCING FINDINGS & AMENDING RES.#60-89 TO PROVIDE FOR A MODIFICATION IN THE CONSTRUCTION SCHEDULE FOR COMPLETION OF BAYSHORE VILLAGE PROJECT 04-09-90 44-90 RESOLUTION ACCEPTING OFFER OF DEDICATION OF A PORTION OF THE RIGHT-OF-WAY AT THE INTERSECTION OF ZANZIBAR & PANORAMA AS DESCRIBED IN THE INSTRUMENT OF DEDICATION 04 23-90 45-90 RESOLUTION APPROVING SUBLEASE FOR A PORTION OF LS#80-81W TO CATHERINE CORDERO & SANDY WINSTON, DBA CORDERO/ WINSTON & CO. 04-23-90 RESOLUTIONS - 1990 • NUMBER TITLE ADOPTED 46-90 RESOLUTION APPROVING SUBLEASE FOR A PORTION OF LS#77 TO MICHAEL MOSS & DOUG DOUGHTY, DBA CAPTAIN M&D DOGS & AMENDMENT TO LEASE ADDING "NON PERMANENT HOT DOG STAND" AS AN APPROVED USE 04-23-90 47-90 RESOLUTION AUTHORIZING THE APPLICATION FOR LICENSING UNDER THE SCHOOL AGE CHILD CARE PROGRAM OF THE STATE DEPARTMENT OF SOCIAL SERVICES O4-23-90 48-90 RESOLUTION ESTABLISHING A COST RECOVERY RATE OF 1.0 OF DIRECT COSTS FOR SCHOOL AGE CHILD CARE PROGRAMS & AMENDING THE PART-TIME SALARY CLASSIFICATION PLAN FOR RECREATION & PARKS EMPLOYEES O4-23-90 49-90 RESOLUTION RATIFYING A MOU FOR A REGIONAL SOLID WASTE MANAGEMENT PLANNING PROGRAM TO COMPLY WITH THE CA INTEGRATED SOLID WASTE MANAGEMENT ACT OF 1989 (AB 939) 04-23-90 50-90 VOID 51-90 RESOLUTION CANCELLING THE EMERGENCY MEDICAL SERVICES CONTRACT WITH THE COUNTY OF SLO 05-14-90 52-90 RESOLUTION ADOPTING REVISED AMBULANCE FEES FOR SERVICE BY SAN LUIS AMBULANCE SERVICE INC. 05-14-90 53-90 RESOLUTION AMENDING THE 89/90 MASTER FEE SCHEDULE TO INCLUDE A COMMERCIAL FILMING/PHOTOGRAPHY PERMIT FEE 05-14-90 54-90 RESOLUTION ESTABLISHING SEVERELY -RESTRICTED WATER SUPPLY CONDITIONS 05-14-90 55-90 RESOLUTION AUTHORIZING THE INSTALLATION OF STOP SIGNS IN THE AREA BOUNDED BY OLIVE, MAIN & PACIFIC STREETS & PINEY WAY 05-14-90 56-90 RESOLUTION COMMENDING ALAN P. DAVIS FOR HIS SERVICES AS MORRO BAY HARBOR DIRECTOR 05-14-90 57-90 RESOLUTION CALLING ELECTION & REQUESTING CONSOLIDATION WITH COUNTY OF SLO 05-14-90 58-90 RESOLUTION COMMENDING THE MORRO BAY BEAUTIFUL FOUNDATION ON THE OCCASION OF ITS LOTH ANNIVERSARY 05-14-90 59-90 RESOLUTION ENDORSING THE REAUTHORIZATION & AMENDMENT OF THE FEDERAL COASTAL ZONE MANAGEMENT ACT 05-14-90 60-90 RESOLUTION TO AWARD BID NO. PW 89-14 FOR WEED ABATEMENT SERVICES TO JIM MATHIS OF MORRO BAY, CA 05-14-90 61-90 RESOLUTION AMENDING LEASE WITH DEANNA DAVIS, LS#68-68W, ESTABLISHING TIME SCHEDULE TO COMPLETE REPAIRS & PENALITIES FOR FAILURE TO COMPLY 05-14-90 RESOLUTIONS - 1990 NUMBER TITLE ADOPTED 62-90 RESOLUTION RATIFYING AN INTERIM AGREEMENT WITH MEDI- RIDE, INC. TO OPERATE MORRO BAY DIAL -A -RIDE 05-29-90 63-90 RESOLUTION ESTABLISHING A NO -PARKING ZONE ON A PORTION OF HARBOR STREET WEST OF MAIN STREET 05-29-90 64-90 RESOLTUION ESTABLISHING A COMMERCIAL LOADING ZONE ADJA- CENT TO 935 MAIN STREET 05-29-90 65-90 RESOLUTION APPROVING A SITE DEVELOPMENT REPORT FOR DEVELOPMENT OF A BIKEWAY CONNECTING MAIN STREET AND ATASCADERO ROAD 05-29-90 66-90 VOID 67-90 VOID 68-90 RESOLUTION ACCEPTING THE OFFER OF DEDICATION OF RIGHT-OF- WAY FRONTING 321 OAHU STREET ON BEHALF OF THE PUBLIC AS DESCRIBED IN SEPARATE INSTRUMENT OF DEDICATION 06-11-90 68-90 RESOLUTION AWARDING BID NO PW89-15 FOR WATERLINE MATERIALS AND FIRE HYDRANTS 06-11-90 70-90 VOID 71-90 RESOLUTION RATIFYING AN AGREEMENT WITH ARROWHEAD INDUSTRIAL WATER, INC. FOR RENTAL OF A PORTABLE REVERSE OSMOSIS UNIT FOR PLACEMENT ON CITY WELL NO. 1 06-11-90 72-90 RESOLUTION APPROVING SUBLEASE FOR A PORTION OF LS#71 TO GLEN LANE, DBA THE FLOWER BASKET & AMENDMENT TO LEASE ADDING "NON -PERMANENT FLOWER STAND" AS AN APPROVED USE 06-11-90 73-90 RESOLUTION APPROVING PUBLIC WORKS MUTUAL AID AGMT. 06-11-90 74-90 RESOLUTION ESTABLISHING A BUSINESS LICENSE RATE SCHEDULE FOR FY 1990-91 06-11-90 75-90 RESOLUTION ADOPTING THE 90/91 MASTER FEE SCHEDULE 06-11-90 76-90 RESOLUTION ORDERING PLACED ON THE BALLOT OF THE NEXT CITY ELECTION AN INITIATIVE MEASURE TO REZONE A PORTION OF WILLIAMS BROTHERS PROPERTY 06-11-90 77-90 RESOLUTION ESTABLISHING A NEW LEASE & OPTION FOR LS#49/49W MORRO BAY ENVIRONMENTAL RESEARCH CENTER 06-11-90 78-90 RESOLUTION ESTABLISHING USER RATES & RELATED FEES & DEPOSITS FOR SEWER SERVICES 06-25-90 79-90 RESOLUTION ANNOUNCING FINDINGS & DENYING APPEAL & UPHOLD- ING PC APPROVAL OF A CUP TO ALLOW A PSYCHIC SERVICES OFFICE 06-25-90 • RESOLUTIONS - 1990 • NUMBER TITLE ADOPTED 80-90 RESOLUTION ADOPTING A BUDGET & MAKING APPROPRIATIONS 06-25-90 FOR FISCAL YEAR 1990-91 81-90 RESOLUTION ORDERING PLACED ON THE BALLOT OF THE NEXT CITY ELECTION AN INITIATIVE MEASURE TO REFORM WATER ALLOCATION POLICIES 06-25-90 82-90 VOID 83-90 RESOLUTION ESTABLISHING USE RATES & RELATED FEES & DEPOSITS FOR WATER SERVICES 06-25-90 r RESOLUTION NO. 83-90 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY ESTABLISHING USE RATES AND RELATED FEES AND DEPOSITS FOR WATER SERVICES THE CITY COUNCIL City of Morro Bay, California WHEREAS, the City wishes to continue to provide an adequate and reliable water supply; and WHEREAS, the City 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 Water Advisory Board has devoted considerable time and study to developing a rate schedule to provide necessary funds for the Water Department; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay that the following schedule of water use rates, fees and deposits for services is adopted, effective August 1, 1990 and thereafter. MISCELLANEOUS WATER USE RATES ----------------------------- Reconnect charge ..... $ Delinquent charge ..................... s Construction meter: Setting charge ................... $ Use charge/day ................... $ Use rate/100 cubic feet .......... $ residential use Deposit: Residential Construction 32.00 10% 32.00 3.00 same as charge renter ............... $ 50.00 renter .............. 65.00 Resolution No. 83-90 Page Two MONTHLY_ METER_ CHARGES (Single Family Residential and Sinqle Family Condo - $4.00) All other meters by size: 5/8.. ............................. $ 4.00 1' ............................. $ 10.00 1 1/2.. ............................. sr 20.00 2.. ............................. $ 32.00 3" $ 50.00 4.. ............................. $ 100.00 MONTHLY -WATER -USE -RATES (as shown on Exhibit A) PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held thereof this 25th day of June, 1990 by the following roll call vote: AYES: Baker, Lemons, Odell, Wuriu, Sheetz NOES: None ABSENT: None ROSE MARIE S ATTEST: ARDITH DAVIS,' City C1erK a A A a a a a W W W W W W W W W W N N N N N N N N N N Y Y Y Y Y Y Y Y Y Y C c i ZIn b Y b H H G1 t,. w wwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwww m,ro N N N N N N N N N N N N N N N N N N N N N N N N N N N Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y O O O O \ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 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NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS: 1. The City Council, pursuant to its authority in accor- dance with the Elections Code, does hereby determine there shall be and is hereby ordered submitted to the qualified electors of said City at said regular general municipal election the follow- ing question: Shall an Ordinance be enacted to reform water allocation policies? YES L/ NO 2. The City Clerk is hereby directed to forward a copy of this Resolution to the County Clerk for inclusion in the ballot for the 06 November 1990 general municipal election. 3. The initiative measure shall pass only if a majority of the votes cast by voters voting on the measure are "yes" votes and shall, if passed, take precedence over any other conflicting measure receiving less votes in this election. n L J Resolution No. 81-90 Page Two 4. The City Council hereby directs the City Attorney to prepare an impartial written 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 Morro Bay City Council at a regu- lar meeting thereof held on the 25th day of June, 1990 on the following vote: AYES: Baker, Lemons, Odell, Wuriu, Sheetz NOES: None ABSENT: None OSE MARIE SHEETZ, MaygVr ATTEST: . Ltm� - ARE H DAVIS, City Clerk 0 • CERTIFICATION I, ARDITH DAVIS, City Clerk of the City of Morro Bay, do hereby declare that the initiative petition to reform water allocation policies presented to the City of Morro Bay on 18 May 1990, was examined in accordance with Section 4009 of the Elections Code, and is hereby determined to be sufficient. DATED: June 8, 1990 ARDITH DAVIS, City Clerk City of Morro Bay, California RESOLUTION NO, 80-90 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY ADOPTING A BUDGET AND MAKING APPROPRIATIONS FOR FISCAL YEAR 1990-91 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 u 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 1989-90 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 salary and benefit adjustments: and Resolution No•. 80-90 Page Twb 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. 4. The appropriations limit is established for fiscal year 1990-91 at $7,009,031 from proceeds of taxes. This budget authorizes appropriations from tax proceeds of $5,223,912 and is therefore $1,785,119 under the limitation. S. Fifty percent of all savings achieved in the Departmental Operating Budgets will be returned to the department generating the savings for use in Fiscal Year 1991-92. These funds can be used for any non -recurring expense approved by the City Administrator. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held thereof on June 25, 1990, by the following roll call vote: AYES: Baker, Lemons, Odell, Wuriu NOES: None ABSENT: None ATTEST: �11�itiFli.-- --- A DR ITH DAVIS. 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Q+6 M a M< IT, rwro m olO m mm3r 0 I w Y rnm m rom Y0 nID £bn 7Yro7 N Y N =$ 4 o ww. nova ro m m Igroa m mB rooa rn n N n naac xc m nr B <n r m o_ I<o t7 m 'O H N m 5 m P. b m mm3< m ro rtm o 0 N n m m r<7 m A a N w a Y w N wo N J lA UI O O OI VI m IO O N O A a O O O 01 O 00 O A OI O OI O O O O O O O J W W O N N 0 0 0 0 0 N N W W T O� I o 0 a a a 0 0 0 0 N W N V I O N J o0a ' I^' IO '� I w o 0 0 0a0 I J vI vI o 0 0 0 I Y N N o I is I o o 0 0 0 I I Y Y J W Y N W N Y Y Y In Y m ominOtn O N W W O�D000 I Y Ctt a A IQ I OI A N J N Y IP U VI O Q II O O O O p O o o O I o O O o O O it Y Y 1' II O o 0 I I o o O u o o O II o 0 0 0 0 II n I I e a wtPa II Y N a m T w W W N J W A UIa AO II W Y Y O O UI VI O II J W W O 00 00 II Y Y II o o In 11 O ID0 O It o 0 0 0 II o 0 0 0 0 0 it VI In II Y O� W N N II N Y W O] (O II w m o m m Y Y O O II O O O O O II m N m w II N m a It w a a II N O O II o 0 0 0 I IC J YI N II o ID o a w W J W N W N N W O N II 11 Y Y �D I J 01 I a N W !p tT 1p OtP �NOO a00 O O� III N IOO N II W J Y lP OI UIa AO �0000 000 O O OI O 00 O II Y W IO a O OUI UIO A000 000 O O O O 00 O II IO N O N O 00 00 N000 000 O O O O 00 O LI m C N lip Y ro roa cn 7x aN EXHIBIT B CITY OF MORRO BAY ARTICLE XIII B (Proposition 4) APPROPRIATION LIMITATION DOCUMENT FISCAL YEAR 1990-91 PREPARED BY: Louise Burt, Finance Director June 1989 CITY OF MORRO RAY ARTICLE XII1 R (Proposition 4) APPROPRIATION LIMITATION DOCUMENT FISCAL YEAR 1990-91 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 t � t CITY OF MORRO BAY ARTICLE XIII 8 (Proposition 4) APPROPRIATION LIMITATION DOCUMENT FISCAL YEAR 1990-91 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 1990-91 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 $7,009,031. It has been determined that of the City's 1990-91 budgeted appropriations, contingency and provision for reserves of $10,246,447, the amount of $5,223,912 is subject to the limitation and is therefore $1,785,119 under the limitation. II. STATEMENT OF PERTINENT FACTORS Article XIII 8 (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 8 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. 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 (9) 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. III. REVENUE•CLASSIFICATION SCHEDULE A. 1978-79 BASE YEAR Revenue -Source Proceeds Property Taxes 8 355,544 Other Taxes 746,850 Licenses, Permits and Franchises Fines, Forfeits and Penalties Revenue from Use of Money and Property 106,047 Aid from Other Governmental Agencies 308,776 Charges for Current Services Other Revenue or Funds Available 12,248 Special Gasoline Tax 89,017 Harbor Revenue Federal Revenue Sharing Fund Balance _1�4271911 TOTAL $3.046,393 Non roceeds $ 39,206 28,700 12,653 320 419,802 1,462 207,000 146,915 -L039L109 s14895t167 The total of the 1978-79 proceeds of taxes when increased by the cost -of -living and population factors is the appropriation limitation. CITY OF MORRO BAY REVENUE CLASSIFICATION - PROPOSITION 4 1990-91 BUDGET Revenue -Source Proceeds Nonoroceeds General Fund Taxes $3,419,300 Licenses and Permits $ 217,000 Fines and Forfeits 12,800 Intergovernmental 420,900 Charges for Services 295,600 Use of Money 8 Property 364,352 53,398 Other Revenue 412.192 Total General Fund $4,204,552 $ 620,498 Special Revenue Funds Gas Tax Fund S 147,681 Traffic Safety $ 46,000 Water Fund 1,030,100 Sewer Fund 944,000 Harbor Fund 574,000 Water System Fund 160,000 Total Special Revenue Fund ------------ S 147,681 ----------- $2,754,100 Capital Project Funds ParK Fee 2,500 Water Capital 25,000 Sewer Capital 10,000 Total Capital Projects $ 37,500 Enterprise Funds - Transit $ 236,000 Internal Service Funds 890,720 TOTAL ----------- 54,352,233 ---------- 54,538,818 Add: Fund Balance -Beginning 871,679 483,717 GRAND TOTAL $5L223.912 15LHL535 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 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), rI L 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 53,770,591 x 1981-82 CPCI Change Factor x 1.0912 x 1981-82 Population Change Factor x 1_0139 = 1981-82 Limitation S4,171,660 x 1982-83 CPI Change Factor x 1,0679 x 1982-83 Population Change x = 1982-83 Limitation ----1_0204 $4,545,796 x 1983-84 CPCI Change Factor x 1.0235 x 1983-84 Population Change x 1_0181 = 1983-84 Limitation 54,7367835 x 1984-85 CPI Change Factor x 1.0474 x 1984-85 Population Change Factor x 1.0175 = 1984-65 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 557524,803 x 1987-88 CPI Change Factor x. 1.0340 (No population change) x 1.0000 s5,712,646 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 s6.430.703 x 1990-91 CPCI Change Factor x 1.0421 x 1990-91 Population Change Factor (SLO x 1,0459 = 1990-91 Limitation $7,009,031 0 • RESOLUTION NO. 79-90 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, ANNOUNCING FINDINGS AND DENYING AN APPEAL AND UPHOLDING PLANNING COMMISSION APPROVAL OF A CONDITIONAL USE PERMIT TO ALLOW A PSYCHIC SERVICES OFFICE T H E C I T Y C O U N C I L City of Morro Bay, California CASE NO. CUP 18-90 WHEREAS, the Planning Commission of the City of Morro Bay, California, on the 21st day of May, 1990 held a duly noticed PUBLIC HEARING to consider the request of John Merino for a Conditional Use Permit to allow a Psychic Services office to be located at 2598 North Main in the MCR District more particularly described as: APN: 68-332-40 Lot 1, Block 2, Tract No ♦ 1 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, the Planning Commission of the City of Morro Bay, following the PUBLIC HEARING, did approve said Conditional Use Permit by adoption of Resolution No. 28-90. WHEREAS, Vickie Hess, Pamela Blake, Addie L. Sylvester, Arthur Barkley, Elizabeth Wilson, and Kenneth Hutchinson did on May 31, 1990 appeal the Planning Commissions action. WHEREAS, The City Council of the City of Morro Bay on the 25th day of June, 1990, did hold a duly noticed PUBLIC HEARING to consider the appeal; and WHEREAS, at said PUBLIC HEARING, after considering the Planning Commission report, the appellants written appeals, staff report and the testimony of all persons wishing to testify, the City Council found the following facts and reasons to justify its action: 1. The project will not be detrimental to the health, safety, comfort and general welfare of the persons residing or working in the neighborhood; 2. The project will not be injurious or detrimental to property and improvements in the neighborhood; City Council Resolution No. 79-90 Page Two 3. The project will not be injurious or detrimental to the general welfare of the City; 4. The project is in conformance with the General Plan, and the certified Local Coastal Program Land Use Plan (LCP and Zoning Ordinance) and the North main Street Specific Plan; and 5. The proposed project is within a fully developed portion of the City, does not adjoin any wetland, ESH or shoreline area and involves no coastal resource or access issue. 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. Conditional Use Permit 18-90, with conditions. PASSED, APPROVED, AND ADOPTED, by the City Council of the City of Morro Bay, on the 25th day of June, 1990, by the following vote to wit: AYES: Baker, Lemons, Odell, Wuriu, Sheetz NOES: None ABSENT: None k4 ATTEST: Z�"- /I �' ARDITH DAVIS, City Clerk CONDITIONS OF APPROVA10 Case No. CUP 18-90 STANDARD CONDITIONS 1. Thi's Conditional Use Permit is granted for the land described in the application and any attachments thereto, and as shown on Exhibit A, and on file with the Community Development Department. The locations of all buildings and other features shall be located and designed substantially as shown on the aforementioned exhibit, unless otherwise specified herein. 2. inaugurate Within One Year: 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. Changes: 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. Compliance with Law: 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. Hold Harmless Clause: The applicant, as a condition of approval, hereby agrees 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 this approval by the City of the applicant's project; or applicants failure to comply with conditions of approval. This condition and agreement shall be binding on all successors and assigns. 6. Compliance with Conditions: 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. 7. Acceptance of Conditions: Within thirty (30) days hereof, the applicant shall file with the Director of Planning and Community Development written acceptance of the conditions stated herein. Conditions of Approval Page Two. B. SPECIAL SITE CONDITIONS 1. water Saving Devices: Water saving devices shall be required in the project in accordance with the policies of* the Morro Bay Coastal Land Use Plan and as approved by the Building Official. 2. Signage: That the total signing program shall be subject to Chapter 17.68. A sign permit is required. 1. Landscaping Plans: Existing landscaping shall be refurbished. A landscaping plan shall be required to include details of the number, size, location and type of species for all plant materials. In addition, the landscaping plan shall include the proposed method and location of irrigation. The plan shall also include fencing details and screening of the trash enclosure. A variety of native and drought resistant plant and tree species shall be used wherever possible. The landscaping plan shall be approved by the Director. 2. Maintenancg of Landscaping: All required plant materials shall be maintained in a clean and neat condition. All landscaping shall be cared for, maintained, watered, fertilized, fumigated, pruned and kept in a healthy growing condition. Where a required planting has not survived, it shall be promptly replaced with new plan materials having similar functional characteristics and a size either equivalent to or exceeding the original size. D. FIRE DEPARTMENT: Fire Suppressions: That provisions for fire suppression shall be in accordance with the Uniform Fire Code of the City of Morro Bay. Address Numbers: Address numbers shall be.of contrasting color to the background and shall be readily visible at night. The numbers shall be subject to approval by the Director of Community Development and the Fire Chief. a m 10 CA D Z C) •y 4 �{� c� z$o a � D M N ' � X u CALIF ORN14 B S74 TE : M41N(r^ HIGHWAY GG l`•. >. L 4r L • n 1252 J ao N 19 �•+ti, a660 O a� 9tn N . 23 a N o •� O m � N O N N o O N O—j C � 4 Ui ` O O w a V O pU 60 _ Oa0 + /W+ SO + O Sn J • d m nl L _m �iT• ,, ? AVE. P e•d SO is !S�! a re0 0 W O yp O `UI ry/ Al p b-4-P %�iii✓� 1 W V1 14' TO BE COMPLETED BY STAFF LEGAL LOT min lot MIN BLDG SITE SETBACKS front int. side ext. side rear garage entry s e� CASE NO. al? EXHIBIT 6 MAX. LOT COVERAGE MIN.LOr WIDTH HEIGHT LIMIT PARKING spaces ACCEPTANCE OF CONDITIONS PLANNING APPROVAL DATE me w 0.tip: SS ---' S ��w S�• �t, w . I• i F p 9 s i �7p,rz. MCA', st 40' ,J\c- ';RSE N0. cu-pI�-gb APR 1:� 1990 TO BE COMPLETED BY STAFF EXHIBIT COMMUNITY DEVELOPMENT DEPT. LEGAL LOT min lot MAX. LOT COVERAGE MIN BLDG SITE MIN. LOT WIDTH HEIGHT LIMIT TO BE COMPLETED BY STAFF LEGAL LOT min lot MIN BLDG SITE CASE NO, EXHIBIT MAX. LOT COVERAGE MIN. LOT WIDTH HEIGHT LIMIT 7■ SETBACKS front RESOLUTION 78-90 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY ESTABLISHING USER RATES AND RELATED FEES AND DEPOSITS FOR SEWER SERVICES THE CITY COUNCIL 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 1990-91 fiscal year and thereafter. !1 Residential/unit 7.80 flat (surcharge - 10 ccf) 1.10/ ccf Mobile Home Park 1.39/ ccf Commercial (domestic strength) 1.39/ ccf Restaurants and Bakeries 3.18/ ccf Retirement Home/Convalescent Hospital 2.49/ ccf Motel 1.74/ ccf Mortuary 2.08/ ccf Schools and Public Buildings 1.10/ ccf Seafood Processors 3.18/ ccf Water Softening 1.10/ ccf Fixed Fee (per meter) 1.28 flat Minimum (all users per meter) 7.80 flat Delinquent Charge 10% PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held thereof on the 25th day of June 1990, by the following roll call vote: AYES: Baker, Lemons, Odell, W, NOES: None ABSENT: None ABSTAIN: None ATTEST: az�4� ARDITH DAVIS, City Clerk RESOLUTION NO. 77-90 RESOLUTION ESTABLISHING NEW LEASE AND OPTION FOR LEASE SITE 49 AND 49 W MORRO BAY ENVIRONMENTAL RESEARCH CENTER 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 49-49W; and WHEREAS, Morro Bay Estuary Center desire an option to lease of said property; and WHEREAS, the City Council finds that in order to develop and improve the Morro Bay Harbor, and to assist in carrying out the provisions of the Tidelands Grant, and to provide facilities for the accommodation of those using Morro Bay Harbor, it is in the best interest of the City and the general public to enter into an option agreement for the lease of said lease sites; and WHEREAS, said option if exercised would provide a lease for the purpose of operating a marine research center including a research laboratory education center which would be beneficial to the City and the public in general. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay that the attached option agreement is hereby approved and the Mayor is hereby authorized to execute said option for lease sites 49-49W on behalf of the City. PASSED AND ADOPTED, by the City Council of the City of Morro Bay at a regular meeting held thereof on the 11 th day of June, 1990 by the following vote: AYES: Baker, Lemons, Odell, Wuriu, Sheetz NOES: None ABSENT.: None ROSE MARIE SHEET , MAYOR aGz�wl '00� ARDITH DAVIS, CITY CLERK • • 1 OPTION CONTRACT PREAMBLE THIS AGREEMENT is made and entered into by and between the CITY OF MORRO BAY; a municipal corporation of the State of California herein called CITY, and Morro Bay Environmental Research Center, a Non-profit Californian Corporation, currently doing business as Morro Bay Estuary Center, herein called OPTIONEE. WITNESSETH WHEREAS, the State of California granted certain tide and submerged lands located within the CITY limits of CITY to the County of San Luis Obispo and to its successors, being Chapter 1076, Statutes of 1947, as amended by Chapter 413, Statutes of 1955, Chapter 1874, Statutes of 1957, and Chapter 70, Statutes of 1960, first extraordinary session; which Statutes may be amended from time to time by the Legislature of the State of California; all of which Statutes are expressly recognized and agreed to be in full force and effect by the parties hereto; and WHEREAS, the parties hereto recognize and agree that on July 17, 1964, the CITY of Morro Bay, Optionee herein, succeeded to all of the right, title and interest of the County of San Luis Obispo in and to all of the tide and submerged lands conveyed to said County by the State of California pursuant to the above mentioned acts; and • _ • 2 WHEREAS, judgment has been entered on October 14, 1968, in the case of CITY of Morro Bay, Plaintiff, versus County of San Luis Obispo, and State of California, Defendants, by the Superior Court of the State of California in and for the County of San Luis Obispo, #30417, adjudging and decreeing, among other things, that the title to said tide and submerged lands so conveyed by the State of California to the County of San Luis Obispo in trust, as set forth above, passed automatically to the CITY of Morro Bay upon the date of its incorporation as a CITY on the 17th day of July, 1964; and WHEREAS, OPTIONEE accepts this option with full knowledge that there is no warranty of title in and to the within described premises by CITY to OPTIONEE; and WHEREAS, in order to develop and improve the Morro Bay Harbor, and to assist in carrying out the provisions of the tideland grant as aforesaid, and in order to provide facilities for the accommodation of those using Morro Bay Harbor, CITY grants this option to OPTIONEE for the within described property upon the terms and conditions set forth herein; and WHEREAS, OPTIONEE desires to acquire the exclusive right to lease the property at an agreed rental and under specified terms and conditions without being obligated to do SO; •- • 3 NOW, THEREFORE, it is agreed as follows: GRANT OF OPTION 1. CITY hereby grants to OPTIONEE the exclusive right to lease that certain real property in the City of Morro Bay, County of San Luis Obispo, State of California, known as Lease Sites No. 49 and 49 W. and more particularly described in Exhibit A attached hereto and incorporated herein by reference for the lease term of thirty (30) years, commencing upon exercise of this option and ending approximately thirty (30) years thereafter at 8:00 A.M. on December 31, 2022, at the rental and under the terms and conditions set forth in the lease to be executed by the parties hereto on exercise of this option, a copy of which lease is attached hereto and made a part hereof by reference. This option may be exercised only upon compliance with the terms and conditions contained herein. TERM OF OPTION 2. This option shall be exercised only by complying with the conditions set forth herein and by notice thereof in writing signed and delivered by OPTIONEE to CITY no later than 5:00 P.M., January 1, 1993 at which time, if not so exercised, this option shall automatically terminate without notice. • 4 CONSIDERATION 3. This option is granted in consideration of the mutual covenants contained herein and in consideration of the sum of one dollar ($1.00), payable to the CITY, receipt of which is hereby acknowledged. CONDITION PRECEDENT TO EXERCISE OPTION 4. A. Prior to the expiration date of this option, OPTIONEE must secure adequate financing and/or assets to assure and guarantee CITY that OPTIONEE is sufficiently financially sound to complete the construction of the building project on the lease sites, for which the concept plan was approved in CUP 07-89, and to sustain the operations for which this option to lease was approved for the period of the lease. For that reason the parties agree that OPTIONEE shall as a condition precedent to the exercise of this option, post in full a faithful performance bond and a labor and materials bond for construction of said buildings as follows: OPTIONEE shall file with the Morro Bay CITY Clerk a faithful performance bond, in a form and issued by a corporate surety company satisfactory to CITY, in an amount equal to One Hundred percent (100%) of the final detailed cost estimate, securing the faithful performance of OPTIONEE or his contractor in the completion of the construction of said project shown in CUP 07-89. OPTIONEE shall also file with the Morro Bay CITY Clerk a labor and materials bond, in a form and issued by a corporate surety company satisfactory to CITY, in an additional amount equal to fifty percent (50%) of the final detailed cost estimate, securing the payment of all claims 5 for the performance of labor or services on, or the furnishing of materials for, the performance of the construction of said project shown in CUP 07-89. In lieu of the above referenced bonds, OPTIONEE may post cash deposits or may make other mutually satisfactory arrangements to guarantee the completion of construction projects. In the event the contractor bonds the project he may name CITY as additional indemnitee to comply with these requirements. OPTIONEE has estimated the construction cost to be in excess of one million dollars ($1,000,000.00), but prior to posting such bonds OPTIONEE shall file with the Morro Bay CITY Clerk a final detailed Civil Engineer's, Registered Architect's or Licensed and Bonded General Contractor's estimate of the full cost of construction and installation of improvements on the premises to be leased. Said estimate must be submitted to the CITY Engineer for approval. B. In the event OPTIONEE has not posted both said bonds on or before 5:00 P.M. January 1, 1993, this option shall automatically terminate, without notice. There shall be no extension of the term of this option. ASSIGNMENT 5. Pursuant to the Parking Management for the Embarcadero, CITY anticipates the creation of a Parking Assessment District which would include this lease site. OPTIONEE, hereby agrees to be bound by and to participate in any such special assessment district for parking in the Embarcadero area created or formed in the future by CITY. • • 6 OPTIONEE further hereby waives the right to protest any area wide special assessment district for parking created or formed in the future by CITY. Any such protest shall constitute a breach of this lease. 6. This option is nonassignable and any attempted assignment thereof by OPTIONEE is void and shall cause this agreement automatically to terminate without notice. NOTICES 7. Notices herein required to be given to CITY shall be given either personally or by registered or certified mail, postage prepaid, addressed to City Administrator, 595 Harbor Street, Morro Bay, Ca. 93443, and if given by mail, shall be deemed delivered as of the date received by CITY. ENTIRE AGREEMENT 8. This agreement contains the entire agreement between the parties relating to the option herein granted. Any oral representations or modifications herebefore or hereafter made concerning the option shall be of no force and effect, provided, however, that this agreement may be altered in the future by written agreement of the parties. ATTORNEY'S FEES 9. In any action which may be brought to enforce the provisions of this agreement, the prevailing party in such L_ J 0- 0 7 action shall be entitled to recover from the other reasonable attorney's fees in addition to his costs and necessary disbursements. BINDING EFFECT 10. This agreement shall bind and inure to the benefit of the heirs, successors, and assigns of CITY, but shall terminate on the dissolution or legal incapacity of OPTIONEE or its insolvency, on the commencement of voluntary or involuntary bankruptcy proceedings against it, or as otherwise provided in this agreement. EXECUTION OF LEASE 11. On the timely exercise of this option by complying with. the bond provisions and notice in writing by OPTIONEE as herein provided, CITY shall cause the lease to be prepared in triplicate in conformance with the copy of the lease attached hereto, and said lease shall be executed and acknowledged by CITY, as Lessor, and executed by OPTIONEE, as Tenant, whenever required by either party after OPTIONEE has complied with the conditions set forth above and the exercise of the option; and from such date, the parties agree to be bound by all the terms, covenants, and 0 8 conditions therein contained the same as if the lease had actually been executed. Executed in Morro Bay, San Luis Obispo County, California, the day and year first above written. CITY OF MORRO BAY MORRO BAY ENVIRONMENTAL RESEARCH CENTER, A NON-PROFIT CALIFORNIA CORPORATION f THOMAS L. RICHARDS Member, Board of Directors L E A S E THIS LEASE is made and entered into by and between the CITY OF MORRO BAY, a municipal corporation of the State of California herein called CITY, and Morro Bay Environmental Research Center, a nonprofit corporation currently doing business as Morro Bay Estuary Center, herein called TENANT. WITNESSETH WHEREAS, the State of California granted certain tide and submerged lands located within the CITY limits of CITY to the County of San Luis Obispo and to its successors, being Chapter 1076, Statutes of 1947, as amended by Chapter 413, Statutes of 1955, Chapter 1874, Statutes of 1957, and Chapter 70, Statutes of 1960, first extraordinary session; which Statutes may be amended from time to time by the Legislature of the State of California; all of which Statutes are expressly recognized and agreed to be in full force and effect by the parties hereto; and WHEREAS, the parties hereto recognize and agree that on July 17, 1964, the CITY of Morro Bay, Lessor herein, succeeded to all of the right, title and interest of the County of San Luis Obispo in and to all of the tide and submerged lands conveyed to said County by the State of California pursuant to the above mentioned acts; and WHEREAS, judgment has been entered on October 14, 1968, in the case of CITY of Morro Bay, Plaintiff, versus County of San Luis Obispo, and State of California, Defendants, by the Superior Court of the State of California in and for the County of San Luis Obispo, #30417, adjudging and decreeing, among other things, that the title to said tide and submerged lands so conveyed by the State of California to the County of San Luis Obispo in trust, as set forth above, passed automatically to the CITY of Morro Bay upon the date of its incorporation as a CITY on the 17th day of July, 1964; and WHEREAS, TENANT accepts the within lease with full knowledge that there is no warranty of title in and to the within described premises by CITY to TENANT; and WHEREAS, in order to develop and improve the Morro Bay Harbor, and to assist in carrying out the provisions of the tideland grant as aforesaid, and in order to provide facilities for the accommodation of those using Morro Bay Harbor, CITY leases to TENANT the within described property upon the terms and conditions set forth herein; NOW, THEREFORE, in consideration of the covenants to be performed and the rental to be paid by TENANT to CITY, CITY leases to TENANT, and TENANT leases from CITY, the premises herein called "said premises" in the CITY of Morro Bay, County of San Luis Obispo, State of California, known as Lease site No. 49 and 49W and more particularly described in exhibit A attached hereto and incorporated herein by reference. Article I FIXED TERM Section 1.01 Term The term of the lease shall be a period of approximately Thirty (30) years, commencing upon exercise of the option granted concurrently herewith and terminating without notice on December 31, 2022, unless sooner terminated as herein provided. Provided, however, see the special provisions in Article 13 herein. Section 1.02 No Extensions The term of this lease shall not be extended nor shall this lease be renewed. Requests for continued use of the premises shall be treated as an application for a new lease and shall require appropriate application to the CITY with all required supporting information and documents, CITY Council approval and the execution of a new CITY lease, containing the then most current terms, covenants, conditions and rent schedules. Section 1.03 Hold Over Should TENANT hold the demise premises after the expiration of the term of this lease with the consent of the CITY, express or implied, such holding over (in the absence of a written agreement between CITY and TENANT with respect thereto) shall be deemed to create a tenancy from month to month, terminable on thirty (30) days written notice from either party to the other, at a monthly rental equal to twice one -twelfth (1/12) of the total minimum and percentage rental for the preceding twelve (12) months (equal to 1/6 annual rent per month), and otherwise subject to each and every term, covenant and condition of this lease. TENANT shall indemnify and hold CITY harmless from any and all loss or liability, including, but not limited to, claims of succeeding TENANT'S, resulting from TENANT'S failure to surrender possession of the demise premises upon ��j termination of this lease during, at the end, or after expiration of the term hereof. Article 2 RENT Section 2.01 Minimum Rent TENANT agrees to pay to CITY in addition to the additional sums specified herein below, a minimum guaranteed annual rental for the use and occupancy of said premises of 8 4,490.00 per year (adjusted each year after execution for CPI pursuant to section 2.02) payable in advance in equal semiannual installments on the first days of January and July of each year commencing upon execution of this lease (prorated if necessary). Said rental shall be paid in lawful money of the United States of America, without offset or deduction and shall be paid to CITY at City Hall located at 595 Harbor Street, Morro Bay, California, or at such other place or places CITY may from time to time designate by written notice delivered to TENANT. Section 2.02 Annual CPI Adjustment to Minimum Rent The parties agree that on the first day of July after the date of the execution of this lease and each July 1 thereafter the minimum guaranteed annual rental shall. be increased or decreased in direct proportion to any upward or downward movement from the Consumer Price Index for January 1, 1990, which is hereby agreed to be 132.1. 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, 1982-1984 Base Year = 100 (hereafter called Index.) The percentage adjustment for any given year shall be based upon the average monthly index for twelve months ending December 31st. The minimum annual rental shall be adjusted once each year on July 1, and will remain in effect as adjusted through June 30 of the following year, at which time it will be readjusted. (By way of illustration only, if the Index was 130 on January 1, 1986 and the average monthly Index from January 1986 through December 1986 equals 136 then the percentage increase is 4.62%. Therefore the minimum guaranteed annual rental then being paid by TENANT would be increased by 4.62% commencing July 1, 1987 and continuing at that rate until June 30, 1988.) If 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 for the purpose of adjusting the minimum rental for the leased premises. Section 2.03 Five Year Calculation for New Minimum Rent At the end of five years after execution of this lease and of each five year period thereafter, a new minimum guaranteed annual rental shall be calculated as follows: A. A reasonable time prior to the end of the fifth year and of each five-year period thereafter, an appraisal shall be made of the fair market value of the leased premises, excluding fixtures and improvements unless such are expressly included in the description of the leasehold hereinabove. CITY, at its own cost and expense, shall retain an independent qualified appraiser acceptable to TENANT for determination of the fair market value of said premises. If the parties are unable to agree upon a mutually acceptable appraiser then each party shall select one member of a three member committee. The two so selected members shall select the third member and this committee shall, by majority vote, select the independent professionally designated appraiser, who is a member of the American Institute of Real Estate Appraisers, or the Society of Real Estate Appraisers with a designation of MAI (Member of American Institute), SRPA (Senior Real Property Appraiser), or SREA (Senior Real Estate Analysis), to appraise the fair market value of the leased premises. In the event that the appraisal process is not concluded on or before the five year adjustment date, the rent shall be adjusted retroactively to such five year adjustment date as set out hereinbelow when said appraisal process is completed. B. The total rent paid including both the minimum guaranteed annual rental and the percentage of gross sales for each year within the applicable five year period shall be averaged to produce the average annual total rent paid. C. The new minimum guaranteed annual rental for the next ensuing five-year period shall be the greater amount of seventy-five (75) percent of the average of the total yearly rent paid during the previous five year period (as set out in paragraph B. above) or eight (8) percent of the fair market value of said premises (as established in paragraph A. above.) The new minimum guaranteed annual rent figure shall be divided by two to determine the semiannual payments and shall be paid by TENANT to CITY on the first of each January and July thereafter. This new minimum rent shall be adjusted each following year in proportion to any change in 0 the Consumer Price Index as set out in Section 2.02 herein above. Section 2.04 Percentage Rental A. In addition to the minimum guaranteed annual rental specified hereinabove TENANT agrees to pay to CITY at the time and in the manner hereinafter specified, as rent for the use and occupancy of said premises an additional sum equal to that percentage of TENANT'S gross sales, hereinafter defined, as shown on Exhibit B, attached hereto and incorporated herein by reference, less the amount of the minimum guaranteed rental paid pursuant to Section 2.01, 2.02, and 2.03 herein above. B. The term "gross sales," as used herein, shall (subject to the exceptions and authorized deductions as hereinafter set forth), mean the total selling price and the total gross amount received by TENANT from all rentals, merchandise sold and services rendered in, on or from said premises by TENANT, his sublessees, licensees, or concessionaires, both for cash and on credit including, but not limited to, rentals of dockage space, leasing and servicing operations and ticket sales, and if on credit whether or not payment be actually made therefore, all charges for services, alterations or repairs made in or upon said premises; the gross amount received by TENANT for merchandise sold pursuant to orders received in said premises, though filled elsewhere; and the gross amount received by TENANT from any and all other sources of income derived from the business conducted upon said premises. C. Notwithstanding the provisions of Section 2.04 A. of this lease, the term "gross sales" shall not include the following items, and such items may be deducted from "gross sales" to the extent they have been included therein or have been included in a prior computation of "gross sales" or for which a percentage rental has been paid under this lease to CITY. (1) Credits and refunds made to customers for merchandise returned or exchanged; and (2) Any sales or excise taxes otherwise includable in "gross sales" as defined in this article because a part of the total selling price of merchandise or services rendered in, from, or on said premises where TENANT must account for and remit the taxes to the government entity or entities by which they are imposed. (3) Any discount fees paid by TENANT to Financial Institutions for the use of that institution's credit card service. a D. TENANT shall keep or cause to be kept full, complete, and accurate records, and books of account in accordance with accepted accounting practices showing the total amount of gross sales, as defined herein, made each calendar month in, on or from said premises. TENANT shall keep said records and books of account within San Luis Obispo County and shall notify CITY in advance of their location at all times. Furthermore, TENANT shall at the time of sale and in the presence of the customer cause the full selling price of each piece of merchandise, each rental received and each service rendered in, on or from said premises to be recorded in a cash register or cash registers that have cumulative totals and are sealed in accordance with standard commercial practices. Said records, books of account and cash register tapes, including any sales tax reports that TENANT may be required to furnish any government or governmental agency shall at all reasonable times be open to the inspection of CITY, CITY'S auditor, or other authorized representative or agent of CITY. TENANT consents to the release of sales tax information to CITY and on demand will furnish to CITY a copy of the sales tax reports, quarterly reports and any audit reports of sales for confidential internal use of the CITY in determining gross sales for TENANT. TENANT consents and authorizes CITY to request such information directly from the State Board of Equalization or other state agency with which sales tax information is filed. E. By July 31, of each year TENANT shall furnish CITY with a statement, to be certified by TENANT as current, true and accurate, which shall set forth the gross sales (as defined herein) of each department, sub -lessee, licensee and concession operating in, on or from said premises for the previous twelve (12) calendar months, ending June 30, just concluded, and the authorized deductions, if any, therefrom; and with it TENANT shall pay to CITY the amount of the additional rental which is due to CITY as shown thereby. If TENANT shall at any time cause an audit of sales of TENANT'S business to be made by a public accountant, TENANT shall furnish CITY with a copy of said audit without cost or expense to CITY. CITY may, once in any calendar year, cause an audit of the business of TENANT to be made by a public accountant of CITY'S own selection. TENANT shall, upon receiving written notice of CITY'S desire for such an audit deliver and make available all such books, records and cash register tapes to the public or certified public accountant selected by CITY. Furthermore, TENANT shall promptly on demand reimburse CITY for the full cost and expense of said audit, should the audit disclose that the questioned a Statement or statements understated gross sales by five percent (5%) or more but less than ten percent (10%). TENANT shall also immediately pay the additional rental with interest, therein shown to be payable by TENANT to CITY. Otherwise the cost of such audit shall be paid by CITY. In the event that an audit or other review of records discloses that the amounts reported as gross sales was understated by TENANT by ten percent (10%) or more, CITY shall not only be entitled to recover from TENANT all costs of audit and review but shall also be entitled to recover from TENANT a penalty equal to two times the percentage of gross sales rent due pursuant to this lease on such unreported amounts. F. CITY shall be entitled at any time within five years after the receipt of any such additional rental payment, to question the sufficiency of the amount thereof and/or the accuracy of the statement or statements furnished by TENANT to justify the same. For the purpose of enabling CITY to check the accuracy of any such statement or statements, TENANT shall for said period of five (5) years after submission to CITY of any such statement keep all of TENANT'S records, including sales tax returns, all cash register tapes and other data which in any way bear upon or are required to establish in detail TENANT'S gross sales of merchandise and services and any authorized deductions therefrom as shown by any such statements and shall upon request make the same available to CITY for examination. Section 2.05 Security Deposit TENANT shall deposit with CITY, and at all times hereafter maintain, a security deposit in the initial amount of twenty-five (25) percent of the minimum annual rent, and concurrently with adjustment of minimum annual rent, adjust said deposit each year to twenty-five (25) percent of the then current minimum annual rent. The security. deposit shall be paid in cash and shall guarantee TENANT'S full and faithful performance of all the terms, covenants, and conditions of this lease. If at any time during the term of this lease, any rent, insurance policy, or any other sum payable to CITY shall be overdue and unpaid, CITY may, at CITY'S option, apply any portion of this security deposit to the payment of any overdue rent, insurance policy, or any other sums due and payable to CITY under this lease. Should the entire security deposit or any portion thereof, be appropriated and applied by CITY for the payment of overdue rent, insurance policy, or any such other sum due and payable to CITY by TENANT, then TENANT shall within thirty (30) days after written demand by CITY restore said security deposit to the required amount. v • 0 At the end of each fiscal year of the CITY, the CITY'S Finance Director shall determine the amount of interest which would have been earned that year had such security deposit been deposited with Mid State Bank in Morro Bay in a regular passbook account and shall credit to TENANT that amount towards TENANT'S payments then due to CITY. The security deposit shall be returned to TENANT at the end of the lease term, or upon earlier termination of this lease, provided TENANT is not then in default and has performed its obligations required by this lease. CITY shall have the right to commingle said security deposit with other funds of the CITY. Section 2.06 Penalty and Interest A. If any rent is not received within ten days following the date on which the rent first became due, TENANT shall pay a late penalty of ten percent (10%) of the amount of the rent in addition to the rent. B. In addition to the penalty, TENANT shall pay interest at the rate of one percent (1%) per month or fraction thereof or the maximum amount permitted by law as of the date this lease is signed, whichever is greater, on the amount of the rent, exclusive of the penalty, from the date on which rent first became delinquent until paid. The term "rent" includes any sums advanced by the CITY and any unpaid amounts due from TENANT to the CITY. Article 3 USE OF PREMISES Section 3.01 Permitted Use Said premises shall, during the term of this lease, be used for the purpose of operating and conducting thereon and therein the following: "a marine research center including a research laboratory education center, offices ancillary to said research laboratory, mariculture for scientific research purposes, visitor information and service area including a marine related environmental issues book store, public rest rooms, docking facility with hoist, display specimen tanks and viewing areas on the dock and roof and for uses normally incident to and directly allied to such purpose and for no other purpose. The area to be utilized for each permitted use shall be as shown on the lease site plot map attached hereto as Exhibit "C" and incorporated herein by reference. Section 3.02 Unauthorized Use TENANT agrees to allow only those uses authorized in Section 3.01 herein above and that any unauthorized use thereof shall constitute a breach of this agreement and shall, at the option of CITY terminate this lease. In the event said premises are used for uses other than those specifically authorized herein, then in addition to all other remedies allowed by law or authorized elsewhere in this lease, CITY shall be entitled to receive from TENANT and TENANT shall be required to pay to CITY an additional rent calculated as a percentage of the "gross sales" as defined herein, accountable to such unauthorized use. Which is equal to twice what such percentage would have been had such use been authorized in advance. Said additional rent shall be retroactive to the commencement of such unauthorized use and shall continue until the unauthorized use is abated. The parties agree and understand that the collection and acceptance by CITY of this additional rental, shall not, in any way be deemed a waiver nor estoppel of CITY'S right to require abatement of the unauthorized use or at CITY'S option to pursue any other remedies available at law or equity. In the event the parties cannot agree on whether a use is authorized by this lease, the parties shall appoint a three member committee whose determination of that issue shall be final. Each party shall appoint one member and those two members shall appoint the third. Section 3.03 Operation of Business - Hours of Operation Failure to actively and diligently conduct the business authorized herein, constitutes a breach of the agreement and shall, at the option of CITY terminate this lease. A. TENANT shall during the term of this lease conduct business of the nature specified in Section 3.01 of this lease on said premises in an efficient and diligent manner and keep said premises open for the conduct of business continuously and without interruption for at least six hours each day of the year except one day each week and legal holidays. This provision shall not apply if said premises shall be closed and the business of TENANT is temporarily shut down for a period not to exceed 14 calendar days in any calendar year to make necessary minor or major repairs, maintenance or other construction deemed necessary by TENANT. Further this provision shall not apply if said premises shall be closed and the business of TENANT is temporarily shut down as authorized or required by the CITY Administrator or on account of strikes, walkouts, or causes �_ r • 0 beyond the control of TENANT or for not over three (3) days out of respect to the memory of an officer, employee, or close relative of any officer or employee of TENANT. B. TENANT shall operate TENANT'S business on said premises with due diligence and efficiency and in like manner as comparable businesses in CITY or coastal area are operated, so as to produce all of the gross sales and gross receipts from services which may be produced from TENANT'S business; and TENANT at all times shall carry on said premises, a stock or merchandise of such size, character, and quality as is reasonable, designed to produce the maximum return to TENANT, when sales of goods and merchandise are a permitted purpose of this lease. Section 3.04 Competition During the term of this lease, TENANT shall not directly nor indirectly engage in any similar or competing business within a radius of five (5) miles from the location of said premises, provided, however, that TENANT may, with prior written approval from CITY, own or operate more than one business, whether or not competing and similar along the Embarcadero upon CITY lease sites. The purpose of this section is to prevent and prohibit TENANT from reducing revenue to CITY by diverting business from his lease site operation to another similar business owned by TENANT within the CITY but not upon a CITY lease site from which CITY is paid rent based on gross sales. Section 3.05 Tidelands Trust TENANT shall use and occupy said premises in complete compliance with the Tidelands Trust purposes under which said premises or any portion thereof are held by CITY pursuant to the grants from the State of California as set forth hereinabove. Section 3.06 Compliance with Law TENANT shall, at his sole cost and expense, comply with all of the requirements of all local, municipal, county, state and federal authorities now in force, or which may hereafter be in force, pertaining to the said premises, and shall faithfully observe in the use of the premises all local, municipal and county ordinances and state and federal statutes, rules and regulations now in force or which may hereafter be in force. The judgment of any court of competent jurisdiction, or the admission of TENANT in any action or proceeding against TENANT, whether CITY be a party thereto or not, that TENANT has violated any such ordinance, • 0 statute, rule or regulation in the use of the premises shall be conclusive of that fact as between CITY and TENANT. Section 3.07 waste or Nuisance TENANT shall not commit or permit the commission by others of any waste on said premises; TENANT shall not maintain, commit, or permit the maintenance or commission of any nuisance as defined by law on said premises; and TENANT shall not use or permit the use of said premises for any unlawful purpose. Article 4 CONSTRUCTION, ALTERATION AND REPAIRS Section 4.01 Construction Approval TENANT shall not make or permit any other person to make any alterations or structural additions or structural modifications to said premises or to any structure thereon or facility appurtenant thereto if the cost thereof shall exceed five thousand ($5,000) dollars, without the written consent of CITY first had and obtained as follows: Prior to the commencement of any phase of future construction, TENANT shall submit to the Morro Bay Planning Department for approval and recommendation to the CITY Council, a development and improvement plan for the leased premises which shall provide for the full and complete development of the leased premises, showing all facilities, structures, landscaping or other improvements to be constructed or installed on each portion of the lease premises or facilities appurtenant thereto, and shall include a detailed estimate of the cost of construction, and installation of such improvements and a detailed schedule showing the proposed commencement and completion date of ' each phase of the development and improvement. Where required by the Morro Bay Municipal Code, California Coastal Act, Corps of Engineers or any other agency having authority over the proposed project, Conditional Use Permits, Concept Plans, Precise Plans, Coastal Development Plans, and any other required plans or permits shall be applied for and/or approved prior to any construction, alteration or repairs. Section 4.02 Construction Bond Prior to the commencement of any construction the cost of which is greater than the amount of $10,000, TENANT shall file with the Morro Bay CITY Clerk a final detailed Civil Engineer's, Registered Architect's or Licensed and Bonded General Contractor's estimate of the cost of construction - and installation of improvements on the leased premises. / Said estimate must be submitted to the CITY Engineer for approval. TENANT shall file with the Morro Bay CITY Clerk a faithful performance bond, in a form and issued by a corporate surety company satisfactory to CITY, in an amount equal to One Hundred percent (100%) of the final detailed cost estimate, securing the faithful performance of TENANT or his contractor in the completion of said construction. TENANT shall also file with the Morro Bay CITY Clerk a labor and materials bond, in a form and issued by a corporate surety company satisfactory to CITY, in an amount equal to fifty percent (50%) of the final detailed cost estimate, securing the payment of all claims for the performance of labor or services on, or the furnishing of materials for, the performance of said construction. In lieu of the above referenced bonds, TENANT may post cash deposits or may make other mutually satisfactory arrangements to guarantee the completion of construction projects. In the event the contractor bonds the project he may name CITY as additional indemnitee to comply with these requirements. Section 4.03 Mechanics' Liens At all times during the term of this lease, TENANT shall keep said premises and all buildings and improvements now or hereafter located on said premises free and clear of all liens and claims of liens for labor, services, materials, supplies, or equipment performed on or furnished to said premises. TENANT further agrees to at all times, save CITY free and harmless and indemnify it against all claims for labor or materials in connection with any improvement, repairs, or alterations on the leased premises, and the cost of defending against such claims, including reasonable attorney's fees. Should TENANT fail to pay and discharge or cause said premises to be released from such liens or claim of liens within ten (10) days after the filing of such lien or levy, TENANT shall upon written notification be required to immediately deposit with CITY a bond conditioned for payment in full of all claims on which said lien or levy has been filed. Such bond shall be acknowledged by TENANT as principal and by a company or corporation, licensed by the Insurance Commissioner of the State of California to transact the business of a fidelity and surety insurance company as surety. The beneficiary of any security instrument which instrument is on record with CITY, shall have the right to file such a bond on behalf of TENANT. • Section 4.04 Ownership of Improvements The parties agree that at the termination of this lease, however occurring, TENANT shall have 60 days thereafter to remove all structures, facilities, installations, improvements and other property belonging to TENANT from the leased premises. The parties further agree that CITY also has the option and right to require TENANT to remove all structures, installations, improvements of any kind or other property belonging to or placed upon the leased premises by TENANT at the termination of this lease, however occurring, providing CITY gives notice, in writing, no later than 30 days prior to the termination of the lease, of its decision to require that such improvements be removed. If CITY exercises such option and TENANT fails to remove such installations or improvements within 60 days after the termination of this lease, CITY shall have the right to have such installations or improvements removed at the expense of TENANT. If neither TENANT nor CITY exercise its option to remove or require the removal of as the case may be the improvements and installations, then title to such installations, structures and improvements shall vest in CITY and TENANT shall not remove same. Article 5 HYPOTHECATION OF LEASE CITY shall not be responsible for notifying any lien or security interest holder in the property of any default in the performance of the lease by TENANT unless the lien or security interest holder shall have previously registered with and notified CITY of such lien or security interest and filed with the City Clerk a copy of same. Article 6 REPAIRS, MAINTENANCE AND RESTORATION Section 6.01 Maintenance by TENANT At all times during the term of this lease, TENANT shall, at TENANT'S own cost and expense, keep and maintain said premises and all improvements now or hereafter on said premises in good order and repair and in a safe and clean condition. Furthermore, TENANT shall, at TENANT'S own cost and expense, maintain at all times during the term of this lease the whole of said premises as well as any improvements, landscaping, or facilities thereon in a clean, sanitary, neat, tidy, orderly and attractive condition. CITY may, at the sole option of CITY, clean and clear said premises, at TENANT'S cost and expense, in the event E TENANT fails to clean and clear said premises in accordance with this Section to the satisfaction of CITY after fifteen (15) days written notice to TENANT from CITY of CITY's intent to exercise this option. Section 6.02 Seawalls and Revetment At all times during the term of this lease, TENANT shall at TENANT'S own cost and expense repair, maintain, replace and rebuild as necessary, the improvements, pilings, bulkheads, seawalls, revetment, piers, posts and any structures or other improvements located in the water portion of the lease premises. Further TENANT shall at TENANT'S own cost and expense conduct maintenance surveys at reasonable intervals to locate and determine needed repairs. Section 6.03 Requirements of Governmental Agencies At all times during the term of this lease, TENANT, at TENANT'S own cost and expense, shall: (1) Make all alterations, additions, or repairs to said premises or the improvements or facilities on said premises required by any valid law, ordinance, statute, order, or regulation now or hereafter made or issued by any federal, state, county, CITY or other governmental agency or entity; (2) Observe and comply with all valid laws, ordinances, statutes, orders, and regulations now or hereafter made or issued respecting said premises or the improvements or facilities located thereon; (3) Obtain all required permits pursuant to the Morro Bay Municipal Code or State law prior to the instigation of any repair or maintenance activity. (4) Indemnify and hold CITY and the property of CITY, including said premises, free and harmless from any and all liability, loss, damages, fines, penalties, claims and actions resulting from TENANT'S failure to comply with and perform the requirements of this section. Section 6.04 Failure to Repair In the event failure to repair results in a hazardous or unsafe condition, CITY shall have the right and option but not the obligation to close and prohibit access to the unsafe portion of the leased premises until such repairs are completed and accomplished and the premises rendered safe for public use. Failure by CITY to enforce any of the provisions of this Article shall not constitute a waiver of these provisions and CITY may at any time enforce all of the provisions of this Article, requiring all necessary repairs, rebuilding or replacement. 0 Section 6.05 TENANT'S Duty to Restore Premises Should, at any time during the term of this lease, any buildings or improvements now or hereafter on said premises be destroyed in whole or in part by fire, theft, the elements, or any other cause not the fault of CITY, this lease shall continue in full force and effect and TENANT, at TENANT'S own cost and expense, shall repair and restore the damaged or destroyed building, buildings, improvement, or improvements according to the original plan thereof or according to such modified plans therefore as shall be approved in writing by CITY. The work of repair and restoration shall be commenced by TENANT within one hundred eighty (180) days after the damage or destruction occurs and shall be completed with due diligence not longer than one (1) year after the work is commenced. In all other respects, the work of repair and restoration shall be done in accordance with the requirements for original construction work on said premises set forth in Article 4 of this lease. Section 6.06 Inspection by CITY TENANT shall permit CITY or CITY'S agents, representatives, or employees to enter said premises at all reasonable times for the purpose of inspecting said premises to determine whether TENANT is complying with the terms of this lease and for the purpose of doing other lawful acts that may be necessary to protect CITY'S interest in said premises under this lease or to perform CITY'S duties under this lease. Section 6.07 Option to Terminate Lease for Destruction Notwithstanding the provision of Section 6.05 of this lease, TENANT shall have the option of terminating this lease on the last calendar day of any month by giving CITY at lease thirty (30) days prior written notice of TENANT'S intent to do so and by removing, at TENANT'S own cost and expense, all debris and remains of the damaged improvements from said premises where: (1) Any buildings or improvements now or hereafter on said premises are so damaged or destroyed by fire, theft, the elements, or any cause not the fault of TENANT or CITY during the last fifteen (15) years of the term of this lease that they cannot be repaired and restored as required by Section 6.05 of the lease at a cost not exceeding thirty- five (35) percent of the cost of replacing all buildings and improvements if totally destroyed then, immed;W,� preceding the calamity damaging or destroying the damaged buildings or improvements, located on said premises. (2) Any buildings or improvements now or hereafter on said premises are so damaged or destroyed by fire, theft, the elements, or any cause not the fault to TENANT or CITY during the last ten (10) years of the term of this lease that they cannot be repaired and restored as required by Section 6.05 of this lease at a cost not exceeding fifteen (15) percent of the cost of replacing all buildings and improvements if totally destroyed then, immediately preceding the calamity damaging or destroying the damaged or destroyed buildings or improvements, located on said premises. Section 6.08 Application of Insurance Proceeds Any and all fire or 'other insurance proceeds that become payable at any time during the term of this lease because of damage to or destruction of any buildings or improvements on said premises shall be paid to TENANT and applied by TENANT toward the cost of repairing and restoring the damaged or destroyed buildings or improvements in the manner required by Section 6.05 of this lease; provided, however, that should TENANT exercise the option given TENANT by Section 6.05 of this lease to terminate this lease because of damage to or destruction of buildings or improvements on said premises, then, in that event, any and all fire or other insurance proceeds that become payable because of such damage or destruction: (1) Shall be applied first toward the reduction of the unpaid principal balance of the obligation secured and discharging said premises from any then outstanding encumbrance or encumbrances incurred by TENANT pursuant to Article 5 of this lease; and (2) Then the balance of the proceeds, if any, shall be paid to CITY to compensate CITY, at least in part, for the loss to its fee estate of the damaged or destroyed buildings or improvements. Article 7 INDEMNITY AND INSURANCE Section 7.01 Indemnitv Aoreement TENANT shall indemnify and hold CITY and the property of CITY, including said premises and any buildings or improvements now or hereafter on said premises, free and harmless from any and all liability, claims, loss, damages, or expenses resulting from TENANT'S occupation and use of said premises, specifically including, without limitation, any liability, claim, loss, damage, or expense arising by reason of: (1) The death or injury of any person, including TENANT or any person who is an employee or agent of TENANT, or by reason of the damage to or destruction of any property, including property owned by TENANT or by any person who is an employee or agent of TENANT, from any cause whatever while such person or property is in or on said premises or in any way connected with said premises or with any of the improvements or personal property on said premises; (2) The death or injury of any person, including TENANT or any person who is an employee or agent of TENANT, or by reason of the damage to or destruction of any property, including property owned by TENANT or any person who is an employee or agent of TENANT, caused or allegedly caused by either (a) the condition of said premises or some building or improvement on said premises, or (b) some act or omission on said premises of TENANT or any person in, on, or about said premises with or without the permission and /I consent of TENANT; (3) Any work performed on said premises or materials furnished to said premises at the instance or request of TENANT or any person or entity acting for or on behalf of TENANT. (4) TENANT'S failure to perform any provision of this lease or to comply with any requirement of law or any requirement imposed on TENANT or said premises by any duly authorized governmental agency or political subdivision. Section 7.02 Liability Insurance TENANT shall at TENANT'S own cost and expense, secure promptly after the execution of this lease and maintain during the entire term of this lease a broad form comprehensive coverage policy or policies of comprehensive general public liability, TENANT'S business automobile coverage and property damage insurance, each with the combined single limit of not less than $1,000,000.00 issued by an insurance company acceptable to CITY and authorized to issue liability insurance in California, and which shall list CITY as the named primary additional insured, without offset to CITY'S policies as respects all operations of TENANT. Any deductibles or self -insured retentions must be declared to and approved by CITY. The terms of said policies may be for such period as shall be designated by TENANT; provided however, that within two (2) months prior to the expiration date of such insurance terms, TENANT shall procure other policies of said insurance so that between the execution of this lease and the commencement of the lease term, and throughout the entire lease term or any renewal thereof, or until the sooner termination hereof, CITY, its officials, employees, agents and volunteers shall always be added as named primary additional insured under the policies of comprehensive general liability, business automobile coverage, and property damage insurance, in accordance with the foregoing. CITY may at any time require TENANT to increase the minimum coverage limits for insurance required by this lease, but every such increase shall be reasonable under the circumstances and in no event shall such increases more than double in any ten year period, except as required in Section 7.04. Section 7.03 worker's Compensation TENANT shall maintain at TENANT'S own expense and keep in full force and effect during the term of this lease, Worker's Compensation Insurance as provided by law. Said insurance shall contain a waiver provision of subrogation rights against CITY. Section 7.04 Fire and Casualty Insurance TENANT shall, at TENANT'S own cost and expense, at all times during the term of this lease keep all buildings, improvements, and other structures on said premises, as well as any and all additions thereto, insured for ninety (90) percent of their full insurable value by insurance companies authorized to issue such insurance in California against loss or destruction by fire and the perils commonly covered under the standard and special form endorsement to fire insurance policies in the CITY of Morro Bay. Any loss payable under such insurance shall be payable to TENANT, ' CITY, and any Lender under an encumbrance incurred by TENANT pursuant to Section 5.01 of this lease as their interests may appear. Any proceeds received because of a loss covered by such insurance shall be used and applied in the manner required by Section 6.08 of this lease. Section 7.05 Specific Perils to be Insured Notwithstanding anything to the contrary contained in Section 7.04 of this lease, the insurance required by Section 7.04 of this lease shall, whether or not included in the standard extended coverage endorsement mentioned in Section 7.04, insure all buildings, improvements, and other structures on said premises, as well as any and all additions thereto, against loss or destruction by water damage, windstorm, cyclone, tornado, hail, explosion, riot, riot attending a strike, civil commotion, malicious mischief, vandalism, aircraft, fire, smoke damage, and sprinkler leakage. Furthermore, the insurance required by Section 7.04 of this lease during the construction of said building project described in Article 5 shall have course of construction, vandalism, and malicious mischief clauses attached insuring said project during its construction and all materials delivered to the site of said building project for their full insurable value. Section 7.06 Deposit of Insurance with CITY TENANT shall within ten (10) days after the execution of this lease and promptly thereafter when any such policy is replaced, rewritten, or renewed deliver to CITY a true and correct copy of an insurance binder and within 45 days deliver to CITY a true and correct copy of each insurance policy required by this Article of this lease and an endorsement to the policy and a certificate executed by the insurance company or companies or their authorized agent evidencing such policy or policies. Section 7.07 Notice of Cancellation of Insurance Each insurance policy required by this Article of this lease shall contain a provision that it cannot be canceled for any reason nor can the coverage or limits be reduced unless ten (10) days prior written notice of the cancellation or reduction is given to CITY in the manner required by this lease for service of notices on CITY by TENANT. Section 7.08 No Subrogation Each insurance policy required under this lease including those insuring TENANT against claims, expense, or liability for injury to persons or property shall provide that the insurer shall not acquire by subrogation any right to recovery which TENANT has expressly waived in writing prior to the occurrence of the loss. TENANT hereby waives any right of recovery against CITY for each such claim, expense, liability, or business interruption. TENANT agrees that if TENANT fails to acquire such insurance TENANT shall not have a claim against CITY for loss of fixtures or inventory or business interruption. Article 8 TAXES AND UTILITIES Section 8.01 TENANT to Pay Taxes TENANT shall pay, before delinquency, all taxes and assessments levied upon or assessed to TENANT on the lease premises by reason of said lease or of any equipment, 0 0 appliances, improvement, or other development of any nature whatsoever, erected, installed, or maintained by TENANT or by reason of the business or other activity of TENANT upon or in connection with said premises. TENANT shall pay all possessary interest taxes applicable to the lease premises. Section 8.02 TENANT to Pay License and Permit Fees TENANT shall pay any fees imposed by law for licenses or permits for any business or activities including construction of TENANT upon the leased premises. Section 8.03 Utilities TENANT shall pay, or cause to be paid, and hold CITY and the property of CITY including said premises free and harmless from all charges for the furnishing of gas, water, electricity, telephone service, and for other public utilities to said premises during the term of this lease and for the removal of garbage and rubbish from said premises during the term of this lease. Article 9 Section 9.01 Total Condemnation If title and possession to all of the premises is taken for any public or quasi -public use under any statute, or by the right of eminent domain, then this lease shall terminate on the date that possession of the premises is taken, and both CITY and TENANT shall thereafter be released from all obligations including rent which shall be prorated to the date of termination, except those specified in Section 9.02 of this lease. Section 9.02 Condemnation Award Any compensation or damages awarded or payable because of the taking of all or any portion of said premises by eminent domain shall be allocated between CITY and TENANT as follows: (1) All compensation or damages awarded or payable for the taking by eminent domain of any land that is part of the said premises shall be paid to and be the sole property of CITY free and clear of any claim of TENANT or any person claiming rights to said premises through or under TENANT. (2) All compensation or damages awarded or payable which is specifically attributed by the taking party to the "good will" of TENANT'S business shall be paid to and be the sole property of TENANT. (3) All compensation or damages awarded or payable because of any improvements constructed or located on the A portion of said premises taken by eminent domain where only a portion of said premises is taken by eminent domain and TENANT is not entitled to or does not terminate this lease shall be applied in the manner specified in Section 9.04 toward the replacement of such improvements with equivalent new improvements on the remaining portions of said premises. (4) All compensation or damages awarded or payable because of any improvements constructed or located on the portion of said premises taken by eminent domain where this lease is terminated because of the taking by eminent domain, whether all or only a portion of said premises is taken by eminent domain, shall be allocated between CITY and TENANT as follows: (o) That percentage of the compensation or damages awarded or payable because of the improvements that equals the percentage of the full term of this lease that has, at the time of the taking, not expired shall belong to and be the sole property of TENANT. (b) That percentage of the compensation or damages awarded or payable because of the improvements that equals the percentage of the full term of this lease that has, at the time of the taking, expired shall belong to and be the sole property of CITY. (c) The term "time of taking" as used in this subparagraph shall mean 12:01 a.m. of, whichever shall first occur, the date title or the date physical possession of the portion of said premises on which the improvements are located is taken by the agency or entity exercising the eminent domain power. (5) Any severance damages awarded or payable because only a portion of said premises is taken by eminent domain shall be: (a) The sole and separate property of TENANT during the first 18 years of the term of this lease; (b) Equally divided, except to the extent needed to replace any improvements taken by eminent domain with equivalent improvements on the remaining portion of said premises where TENANT cannot or does not terminate this lease, between CITY and TENANT during the 19th to 24th years of the term of this lease; and (c) The sole and separate property of CITY during the last 6 years of the term of this lease. Section 9.03 Termination for Partial Taking Should, during the term of this lease, title and possession of only a portion of said premises be taken for any public or quasi -public use under any statute, or by right of eminent domain, TENANT may, at TENANT'S option, 8 terminate this lease by serving written notice of termination on CITY within ninety (90) days after TENANT has been deprived of actual physical possession of the portion of said premises taken for such public use. This lease shall terminate on the first day of the calendar month following the calendar month in which the notice of termination described in this section is served on CITY. On termination of this lease pursuant to this Article, all sub- leases and sub -tenancies in or on said premises or any portion of said premises created by TENANT under this lease shall also terminate and said premises shall be delivered to CITY free and clear of all such sub -leases and sub - tenancies, provided, however, that CITY may, at CITY'S option, by mailing written notice to a sub -tenant allow any sub -tenant to attorn to CITY and continue his or her occupancy on said premises as a TENANT of CITY. On termination of this lease pursuant to this section, however, both CITY and TENANT shall be released from all obligations, except those specified in Section 9.02 of this lease, under this lease. i Section 9.04 Rent Abatement for Partial Taking Should, during the term of this lease, title and possession of only a portion of said premises be taken under - the power of eminent domain by any public or quasi -public agency or entity and TENANT does not terminate this lease, then this lease shall terminate as to the portion of said premises taken under eminent domain on the date actual physical possession of the portion taken by eminent domain is taken by the agency or entity exercising the eminent domain power. Furthermore, the rent payable under this lease shall, as of that time, be reduced in the same proportion that the value of the portion of said premises taken by eminent domain bears to the full value of said premises at that time; provided, however, that TENANT shall replace any improvements or facilities with equivalent new facilities on the remaining portion of said premises and do all other acts at TENANT'S own cost and expense required by the eminent domain taking to make the remaining portion of said premises fit for the use specified in this lease. Section 9.05 Conveyance in Lieu of Eminent Domain A voluntary conveyance by CITY, with the consent of TENANT, of title to all or a portion of said premises to a public or quasi -public agency or entity in lieu of and under threat by such agency or entity to take the same by eminent domain proceedings shall be considered a taking of title to 6 all or such portion of said premises under the power of eminent domain subject to the provisions of this Article. Article 10 ASSIGNMENT AND SUBLEASING Section 10.01 No Assignment Without CITY'S Consent Except as provided in Section 10.02 of this lease, TENANT shall not assign or otherwise transfer this lease, any right or interest in this lease, or any right or interest in said premises or any of the improvements that may now or hereafter be constructed or installed on said premises without the express written consent of CITY evidenced by resolution first had and obtained. Any assignment or transfer by TENANT without the prior written consent of CITY, whether it be voluntary or involuntary, by operation of law or otherwise, is void and shall, at the option of CITY, terminate this lease. A consent by CITY to one assignment shall not be deemed to be a consent to any subsequent assignment of this lease by TENANT. CITY shall not unreasonably nor arbitrarily withhold it's approval to the assignment or transfer of this lease to an assignee who is financially reliable and qualified to conduct the business for which this lease was granted. It is mutually agreed that the personal qualifications of the person named herein as TENANT is a part of the consideration for granting of this lease and said party does hereby agree to maintain active control and supervision of the operation conducted on said premises. Section 10.02 Transfer of Stock as Assignment Should TENANT be a corporation, an unincorporated association, or a partnership, or should TENANT'S interest in this lease be assigned to a corporation, and unincorporated association, or a partnership, pursuant to Section 10.01 of this lease, any transfer or assignment of any stock or interest in the corporation totaling in the aggregate more than forty (40) percent of all such stock or interest in the corporation shall be considered an assignment of this lease requiring the prior written consent to CITY; provided, however, that a transfer from TENANT to a corporation of which TENANT owns 100% of the shares and any transfer of shares to a shareholder's spouse, children, or grandchildren caused by the shareholder's death shall be excepted from this provision. Section 10.03 Application for Assignment A condition of an assignment shall be TENANT shall file with .the CITY an application to assign the leasehold 0 prepared by the prospective assignee. Concurrently with filing the application, TENANT shall pay a fee in cash or certified or cashier's check to enable CITY adequately to investigate the proposed assignee's qualifications as a permitted assignee. CITY shall not be required to account for the use of the sum paid. If the proposed assignee's net worth on the date of assignment is not sufficient to reasonably guarantee successful operation of the leased premises, CITY may require TENANT to guarantee such assignee's obligations hereunder for such period as CITY deems advisable. Net worth shall mean the amount by which the total of all assets shall exceed the total of all liabilities as determined in accordance with general accepted accounting principles as approved by CITY'S auditor, or other authorized representative or agent. Section 10.04 Probate Transfer or Assignment Nothing herein contained will prevent the transfer of this lease by will, or by operation of law under the intestacy provisions of the California Code as it may from time to time be amended. Probate sale of the leasehold interest will not be permitted without the consent of the CITY, evidenced by resolution, first had and obtained. Section 10.05 No Sublease Without CITY'S Consent TENANT shall not sub -lease the whole nor any part of the lease premises, or suffer any other person (the agents and employees of TENANT excepted) to occupy or use the leased premises, or any portion thereof, without the written consent of CITY evidenced by resolution first had and obtained. A consent to one subletting, occupation, or use by another person shall not be deemed to be a consent to any subsequent subletting, occupation, or use by another person. Any such subletting without CITY'S written consent shall be void, and shall at CITY'S option, terminate this lease. CITY shall not unreasonably nor arbitrarily withhold its consent to one who is qualified and financially reliable. Section 10.06 Term of Sub -lease In no event shall the term of any sub -lease extend beyond the term of this master lease. Termination of this lease prior to the expiration of this lease term shall also terminate any and all sub -leases, provided, however, that CITY may, at CITY'S option by mailing written notice to a sub -tenant, allow any sub -tenant to attorn to CITY and continue his or her occupancy on said premises as a TENANT of CITY. r] Section 10.07 Sub -Tenant Subject to Lease Terms Any and all sub -leases shall be expressly made subject to all the terms, covenants, and conditions of this lease. A breach of the terms of this lease by a sub -tenant or sub- lessee shall constitute a breach on the part of TENANT and shall subject both the sub -tenant and TENANT to all the remedies provided to CITY herein and by law. Failure to report and pay the agreed percentage of gross sales as provided herein by any sub -tenant shall constitute a breach of this lease. TENANT hereby agrees to and does guarantee payment of such percentage rentals due by a sub -tenant under the terms of this lease. Section 10.08 Consent Form Agreement Prior to any consent by CITY to any sub -lease hereof, TENANT shall cause to be executed between TENANT and any sub -lessee an agreement making the CITY of Morro Bay a third party beneficiary, in a form acceptable to CITY, whereby the sub -lessee agrees to be bound by all of the terms, covenants and conditions of this lease. Further, it is agreed by TENANT that any default by the sub -lessee of any of the terms, covenants and conditions of the master lease shall be deemed to be violations by TENANT of the master lease and that all remedies of CITY for such violation, including termination of the master lease, shall immediately be enforceable by CITY against TENANT. Further, it is agreed that TENANT must apply any and all monies received from any sub -tenant first to the payment of obligations of the sub - Section 10.09 TENANT Remains Liable Prior to approval by CITY to any sub -lease hereof, TENANT shall agree to be primarily and jointly and severally liable to CITY for all obligations due CITY by any sub- lessee, including the payment of rents, and TENANT shall agree that CITY may proceed directly against TENANT for any obligation owing CITY by the sub -lessee. Section 10.10 Exception for Boatslips, Motels Notwithstanding any provisions herein to the contrary, the terms "assignment," "subletting,' "occupation," or "use," shall not be construed or interpreted to mean or include the temporary, short term renting or leasing of boat slips, motel, hotel, or apartment accommodations on the premises. 6 Article 11 DEFAULT AND TERMINATION Section 11.01 Abandonment by TENANT Should TENANT breach this lease and abandon said premises prior to the natural expiration of the term of this lease, CITY may continue this lease in effect by not terminating TENANT'S right to possession of said premises, in which event CITY shall be entitled to enforce all CITY'S rights and remedies under this lease including the right to recover the rent specified in this lease as it becomes due under this lease. Section 11.02 Termination for Breach by TENANT All covenants and agreements contained in this lease are declared to be conditions to this lease and to the term hereby demised to TENANT. Should TENANT default in the performance of any covenant, condition, or agreement contained in this lease and the default not be cured within thirty (30) days after written notice of the default is served on TENANT by CITY, then CITY may terminate this lease immediately, and that in the event of such termination, TENANT shall have no further rights hereunder and TENANT shall thereupon forthwith remove from said premises and shall have no further right or claim thereto and CITY shall immediately thereupon have the right to re-enter and take possession of the leased premises subject to appropriate legal process. Section 11.03 Termination for Failure to Pay Rent If any default be made in the payment of rental as herein provided and such default shall not be cured within three (3) days after written notice thereof, CITY shall have the option to immediately terminate this lease; and that in the event of such termination, TENANT shall have no further right or claim thereto and CITY shall immediately thereupon have the right to re-enter and take possession of the leased premises subject to appropriate legal process. Section 11.04 Beneficiary May Cure Default CITY shall afford the beneficiary in any security instrument of record with CITY on the demise premises the right to cure any default by TENANT of the covenants, conditions, or agreements hereof, within the period hereinabove mentioned after written notice thereof, which said period shall be computed from the date said notice is mailed by the CITY to said beneficiary, by registered mail. Section 11.05 Attorney Fees for Breach not Resulting in Court Action In the event the CITY finds it necessary to retain an attorney in connection with the default by the TENANT or enforcement of any of the terms, conditions, and covenants of this lease, even though not resulting in an action in court, TENANT shall pay reasonable attorney's fees as reimbursement to CITY. Non-payment of attorneys' fees by TENANT within (3) days of written notice shall give rise to an independent legal action by CITY to collect same. If CITY is successful in such legal action CITY shall also be entitled to attorney fees and costs for the collection action. Section 11.06 Damages for Breach Should TENANT default in the performance of any covenant, condition or agreement contained in this lease and the default be incurable or not be cured within the time period set forth hereinabove, then CITY may terminate this lease and: (1) Bring an action to recover from TENANT: (a) The worth at the time of award of the unpaid rent which had been earned at the time of termination of the lease; (b) The worth at the time of award of the amount by which the unpaid rent which would have bcen earned after termination of the lease until the time of award exceeds the amount of rental loss that TENANT proves could have been reasonably avoided; (c) The worth at the time of award of the amount by which the unpaid rent for the balance of the term after the time of award exceeds the amount of rental loss that TENANT proves could be reasonably avoided; and (d) Any other amount necessary to compensate CITY for all detriment proximately caused by TENANT'S failure to perform his obligations under this lease; and (2) Bring an action, in addition to or in lieu of the action described in subparagraph (1) of this section, to re- enter and regain possession of said premises in the manner provided by the laws of unlawful detainer of the State of California then in effect. Section 11.07 Cumulative Remedies The remedies given to CITY in the Article shall not be exclusive but shall be cumulative with and in addition to all remedies now or hereafter allowed by law and elsewhere provided in this lease. L_� Section 11.08 waiver of Breach The waiver by CITY of any breach by TENANT of any of the provisions of this lease shall not constitute a continuing waiver or a waiver of any subsequent breach by TENANT either of the same or a different provision of this lease. Section 11.09 Surrender of Premises On expiration or sooner termination of this lease, TENANT shall surrender said premises, all improvements in or on said premises, and all facilities in any way appertaining to said premises, to CITY in as good, safe, and clean condition as practicable, reasonable wear and tear excepted. Article 12 MISCELLANEOUS Section 12.01 Attorney's Fees Should any litigation be commenced between the parties to this lease concerning said premises, this lease, or the rights and duties of either in relation thereto, the party, CITY or TENANT, prevailing in such litigation shall be entitled, in addition to such other relief as may be granted in the litigation, to a reasonable sum as and for his attorney's fees in such litigation which shall be determined by the court in such litigation or in a separate action brought for that purpose. Section 12.02 Notices Any and all notices or demands by or from CITY to TENANT, or TENANT to CITY, shall be in writing. They shall be served either personally, or by registered or certified mail. Any notice or demand to CITY may be given to the CITY Clerk of the CITY of Morro Bay, City Hall, Morro Bay, California. Any notice or demand to TENANT may be given at: 1901 Lariat Drive Los Osos, Calif. 93402 Such addresses may be changed by written notice by either party to the other party. Section 12.03 Governing Law This lease, and all matters relating to this lease, shall be governed by the laws of the State of California in force at the time any need for interpretation of this lease or any decision or holding concerning this lease arises. Z Ll E Section 12.04 Binding on Heirs and Successors Subject to the provisions herein relating to assignment and subletting each and all of the terms, conditions, and agreements herein contained shall be binding upon and inure to the benefit of the heirs, executors, administrators, successors, and permitted assigns of any and all of the parties hereto; and all of the parties hereto shall be jointly and severally liable hereunder. Section 12.05 Partial Invalidity Should any provision of this lease be held by a court of competent jurisdiction to be either invalid, void, or unenforceable, the remaining provisions of this lease shall remain in full force and effect unimpaired by the holding. Section 12.06 Sole and Only Agreement This instrument constitutes the sole and only agreement between CITY and TENANT respecting said premises, the leasing of said premises to TENANT, or the lease terms herein specified and correctly sets forth the obligation of CITY and TENANT to each other as of its date. Any agreements or representations respecting said premises, their leasing to TENANT by CITY, or any other matter discussed in this lease not expressly set forth in this instrument are null and void. No modification, amendment, or alteration of this lease shall be valid unless it is in writing and signed by both parties. Section 12.07 Modification This agreement shall not be modified except pursuant to a written agreement executed by the MAYOR and CITY CLERK pursuant to prior CITY Council approval. Notwithstanding CITY Council approval, no agreement shall become effective until such agreement is in fact executed by the MAYOR and CITY CLERK. TENANT understands that this agreement may not be modified by oral statements by any person representing the CITY including the MAYOR and CITY CLERK. TENANT specifically agrees not to rely on oral statements, purported oral waivers, or proposed oral modifications and agrees not to rely upon purported written modifications unless they meet the requirements of this paragraph and are approved in writing pursuant to formal City Council action and a subsequent written modification signed by the MAYOR and CITY CLERK. l 4 Section 12.08 Time of Essence Time is expressly declared to be the essence of this lease. Section 12.09 Memorandum of Lease for Recording Neither party, CITY or TENANT, shall record this lease without the written consent of the other. However, CITY and TENANT shall, at the request of either at any time during the term of this lease, execute a memorandum or "short form" of this lease for purposes of, and in a form suitable for, being recorded. The memorandum or "short form" of this lease shall describe the parties, CITY and TENANT, set forth a description of the leased premises, specify the term of this lease, and shall incorporate this lease by reference. Section 12.10 Termination for Nuclear Disaster This lease may be terminated by TENANT by ten day written notice in the event of a nuclear explosion or leak of substantial nature of the Diablo Nuclear Power Plant or the declaration of war by the United States of America. Article 13 SPECIAL PROVISIONS PECULIAR TO THIS LEASE SITE The following provisions apply to this lease site only: Section 13.01 Special Provision re Use of Premises Because of the nature of TENANT, the fact the TENANT `_s a non profit organization and CITY'S desire to encourage a MARINE RESEARCH CENTER to research, study, report on, protect and restore the Morro Bay Estuary, CITY has granted these special concessions in this lease. For these reasons neither the use nor the nature of TENANT may be changed from that established by this lease. In the event any such changes are made during the term of this lease by TENANT this lease shall immediately terminate and TENANT shall immediately surrender to CITY said premises, all improvements in or on said premises, and all facilities in any way pertaining to said premises, to CITY in as good, safe, and clean condition as practicable. Further, TENANT shall provide at the sole expense of TENANT restrooms for the use of the general public on the leased premise. The public shall be informed of such public restrooms by appropriate signage. Section 13.02 Parking Assessment District. Pursuant to the Parking Management Plan for the Embarcadero, CITY anticipates the creation of a parking assessment district which would include this lease site. 0 TENANT hereby agrees to be bound by and to participate in any such special assessment district for parking in the Embarcadero area created of formed in thefuture by CITY. TENANT further hereby waives the right to protest any area wide special assessment district for parking created or formed in the future by CITY. Any such protest shall constitute a breach of this lease. EXECUTED on June 12 , 19 90 , at Morro Bay , San Luis Obispo County, California. CITY OF MORRO BAY Rose Marie heetz ATTEST: ���z� CITY CLERK, Ardith Davis Approved as to Form dA CIt ATTORNEY, Ady Skousen TENANT THOMAS L. RICHARDS Member, Board of Directors Morro Bay Environmental Research Center • LEASE SITE 49 • COMMENCING FROM THE SOUTHEASTERLY CORNER OF THAT LOT 1 ❑F A PORTION OF THE PARCELS OF THE LANDS OF MARCH & MCALISTER IN THE TOWN OF MORRO AND OF PROPERTY LYING WESTERLY THEREOF AS DEPICTED ON THE MAP FILED WITH THE SAN LUIS OBISPO COUNTY RECORDER, STATE OF CALIFORNIA, IN BOOK 3 OF PARCEL MAPS AT PAGE 10 ON OCTOBER 10, 1966; THENCE: SOUTH 60 10' 02" EAST, SO.22 FEET ALONG THE WESTERLY RIGHT-OF-WAY LINE OF THE EMBARCADERO TO THE INTERSECTION WITH THE SOUTHERLY RIGHT-OF-WAY LINE OF SOUTH STREET; THENCE SOUTH 760 27' 22" WEST, 19.SB FEET ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE OF SOUTH STREET TO THE POINT OF INTERSECTION WITH THE SHORE CONTROL LINE; THENCE NORTH 13. 30' 45 " WEST, SO.00 FEET ALONG SAID SHORE CONTROL LINE TO THE POINT OF INTERSECTION WITH THE NORTHERLY RIGHT-OF-WAY LINE OF SOUTH STREET; THENCE NORTH 760 27' 22" EAST, 24.26 FEET ALONG THE NORTHERLY RIGHT-OF-WAY LINE OF SOUTH STREET TO THE POINT OF BEGINNING. EI&;IBIT A PAGE 1 VOL 3395 PAGE 4 0 LEASE SITE 49W • COMMENCING FROM THE SOUTHEASTERLY CORNER OF THAT LOT 1 OF A PORTION OF THE PARCELS OF THE LANDS OF MARCH & McALISTER IN THE TOWN OF MORRO AND OF PROPERTY LYING WESTERLY THEREOF AS DEPICTE❑ ON THE MAP FILED WITH THE SAN LUIS OBISPO COUNTY RECORDER, STATE OF CALIFORNIA, IN BOOK 3 OF PARCEL MAPS AT PAGE 10 ON DCTODER 10. 1960; THENCE: SOUTH 76" 27' 22" WEST, 24.26 FEET ALONG THE NORTHERLY P,IGHT-OF- WAY LINE OF SOUTH STREET TO THE TRUE POINT OF BEGINNING, SAID POINT ALSO BEING THE INTERSECTION OF THE SHORE CONTROL LINE AND THE NORTHERLY RIGHT-OF-WAY LINE OF SOUTH STREET AS SHOWN ON THE AFOREMENTIONED MAP; THENCE SOUTH 76' 27' 22" WEST, S0.00 Feet ALONG THE NORTHERLY P,IGHT-OF-WAY LINE OF SOUTH STREET TO THE SOUTHWESTERLY CORNER OF THE AFOREMENTIONED LOT 1; THENCE SOUTH 13. 30' 46" EAST, S0.00 FEET ALONG THE SOUTHERLY PROLONGA- TION OF THE WESTERLY LINE OF SAID LOT 1 TO THE POINT OF INTER- SECTION WITH THE SOUTHERLY RIGHT -OF -WRY LINE OF SOUTH STREET; THENCE NORTH 76* 27' 22" EAST, SO.00 FEET ALONG THE SOUTHERLY RIGHT-OF-WAY LINE OF SOUTH STREET TO THE POINT OF INTERSECTION WITH THE SHORE CONTROL LINE; THENCE NORTH 13' 30' `_IS" WEST, SO.00 FEET ALONG THE SHORE CONTROL LINE TO THE TRUE POINT OF BEGINNING. E?2IIBIT A PAGE 2 VOL 3395PAGE 4 RQ 0 0 0 s T6 • e7'Lr "w 77 tV 4 ^ ` ti Qq� b` V v I 8'O!IBIT A PAGE, 3 m F: END OF DOCUMENT VO1 3395PAGA90 • EXHIBIT B FOR CITY LAND AND WATER LEASES %GROSS SALES FOOD SERVICE: Restaurant, Dining Room 3 Snack Bar, Delicatessen, 5 Fast Food, Convenience Food 5 Bar/Lounge 10 RETAIL SALES & SERVICE: Tenant 5 Sub -Lessee 5 FISH & SEAFOOD: Retail Sales 5 Wholesale Sales 0.5 Unloading Fish $0.01/lb. MOORINGS, TIES & SLIPS: Pier/Fixed Piles 10 Pier/Floating 10 BOAT & MARINE REPAIR: FUEL: ART OBJECTS & PAINTINGS: MOTEL, OTHER RESIDENTIAL OR VISITOR ACCOMMODA- TION FACILITIES: CONSTRUCTION-OFFSITE: OTHER 5 Gasoline $0.02/gal. Diesel $0.015/gal. 10 Percentage Rental is to be based on the gross amount received from any and all sources of income derived from the lease site. f 10 K RE S O LUT = ON MC)- 7 6— 9 O RESOLUTION ORDERING PLACED ON THE BALLOT OF THE NEXT CITY ELECTION AN INITIATIVE MEASURE TO REZONE A PORTION OF WILLIAMS BROTHERS PROPERTY T H E C I T Y C O U N C I L City of Morro Bay, California WHEREAS, an initiative petition was presented to the City Clerk on 29 May 1990 to rezone a portion of Williams Brothers property to reduce the acreage allowed for commercial and to pro- hibit visitor serving commercial; and WHEREAS, said initiative petition has been examined by the City Clerk's Office and certified as being sufficient in accor- dance with Section 4011 of the Elections Code, qualifying the initiative petition to be submitted to the voters of the City of Morro Bay at the next general municipal election to be held on 06 November 1990; and WHEREAS, the Morro Bay City Council did, by Resolution No. 57-90, call said general municipal election and requested the County Board of Supervisors to approve consolidation of the elec- tion with the statewide election to be held on the same day. NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS: 1. The City Council, pursuant to its authority in accor- dance with the Elections Code, does hereby determine there shall be and is hereby ordered submitted to the qualified electors of said City at said regular general municipal election the follow- ing question: Shall an Ordinance be enacted to rezone a portion of Williams Brothers property to reduce the acreage allowed for commercial and to prohibit visitor serving commercial? YES L/ NO 2. The City Clerk is hereby directed to forward a copy of this Resolution to the County Clerk for inclusion in the ballot for the 06 November 1990 general municipal election. 3. The initiative measure shall pass only if a majority of the votes cast by voters voting on the measure are "yes" votes and shall, if passed, take precedence over any other conflicting measure receiving less votes in this election. ! 1 , Resolution No. 76-90 Page Two 4. The City Council hereby directs the City Attorney to prepare an impartial written 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 Morro Bay City Council at a regu- lar meeting thereof held on the llth day of June, 1990 on the following vote: AYES: Baker, Lemons, Odell, Wuriu, Sheetz NOES: None ABSENT: None ATTEST: ARDITH DAVIS,, City 0 I, ARDITH DAVIS, City Clerk of the City of Morro Bay, do hereby declare that the initiative petition presented to the City of Morro Bay on 14 May 1990 to rezone a portion of Williams Brothers property to reduce the acreage allowed for commercial and to prohibit visitor serving commercial, was examined in accordance with Section 4009 of the Elections Code, and is hereby determined to be sufficient. DATED: May 30, 1990 ARDITHDA� City Clerk City of Morro Bay, California RESOLUTION NO. 75-90 RESOLUTION ADOPTING THE 90/91 MASTER FEE SCHEDULE THE CITY COUNCIL 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 costs of providing the 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, 1990, and thereafter unless changed. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held thereof this filth day of June, 1990, by the following roll call vote: AYES: Baker, Lemons, Odell NOES: None ABSENT: None ATTEST: ARDITH DAVIS, City Clerk CCD c Q CD o a w c co a C7 0� 9 CD CD 7 � ~ y � O d O N LA N N N 2 n » 4 \-0.k 0 F. o ¥ ) " ' } -0\ CD° � } g 7 } \ j �0 E0 a E . � R � g% k 7 E � 9. CL CD \ ] � ( / CD \ © � I >�CD \ƒ§o - § /g?o BCD ) / \ 0/_� 2 § \ ®� OrQ CD $/ 64 C/ . LAGs§} § § ,� LA/ ++ iA \ «/ CD LA. ° ° ° Q & CD � � ƒ ±. � CIOCL � \ \\ m § � � ( � e m � k \ w C CD _ CD ƒk C o 7 k /CD _ ± , . 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R�o7o 2 E_ � =m =(A =f == 2 K\ §§ §( §/ \ } _° =469 f =« =/ 2 ([ �� o �k �� �E ){ . ° 0 ,_ ,_ ,a , § 2 CD � � RESOLUTION NO. 74-90 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, CALIFORNIA, ESTABLISHING A BUSINESS LICENSE RATE SCHEDULE FOR FY 1990-91 THE CITY COUNCIL City of Morro Bay, California WHEREAS, Measure A (Ordinance No. 340) 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 WHEREAS, the Business License Rate Schedule was last adjusted in 1989; and WHEREAS, the Consumer Price Index has increased 5.5% from March 31, 1989 to March 31, 1990; and WHEREAS, the Fiscal Year 1990-91 Business License Rate Schedule reflects this 5.5% increase; NOW, THEREFORE, BE IT RESOLVED that the Morro Bay City Council does hereby approve and adopt the Fiscal Year 1990-91 Business License Rate Schedule. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held thereof this llth day of June, 1990, by the following roll call vote: AYES: Baker, Lemons, Odell, Wux NOES: None ABSENT: None ATTEST: ARDITH DAVIS, City Clerk td � 11 � �. � � � � o n O � � � � � p' CD 0 � � � � � � �--+ �s CD O CD n a xa c o G) 5 5' Y? Z o Z 5 5� wI �' c a °� S .� 00.0ib "Cl CD N N ry O �. 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(D aar•OO n m rta�J �5 a n P. r tr FAO rtO 0 r Pi �j n Fh FJ h In r (D (n n rt rt aanr• rt :1 FJ n In 0 a.FJ tr rt � (n � m O 0 rtta rt a r• In rt �j �:l m:Yana C r•Fnm �:5 m(nF-hIn0 n m m amnr• trart(nO �rt�mrt �V.� F-j �:r m am ro r°trta om°b C Fi t7 H r• m r- (n n P. a 0 rt p P. cn 0 0 r-h 0 RESOLUTION NO. 73-90 PUBLIC WORKS MUTUAL AID AGREEEMENT T H E C I T Y C O U N C I L City of Morro Bay, California WHEREAS, the California Office of Emergency Services, the League of California Cities, the County Supervisors Association of California, and the American Public Works Association have expressed mutual interest in the establishement of a plan to Facilitate and encourage public works mutual aid agreements between political subdivisions throughout California; and WHEREAS, the City of Morro Bay has determined it would be in the City's best interest to enter into an agreement that implements that plan and sets Forth procedures and the responsibilities of the affected parties whenever emergency personnel, equipment, and Facility assistance is provided From one agency's Public Works Department to another; and WHEREAS, no party should be in a position of depleting unreasonably its own resources, Facilities, or services providing such mutual aid; and WHEREAS, such an agreement is in accord with California Emergency Services Act set Forth in Title 2, Division 1, Chapter 7 (Section 8550 et seq.) of the Government Code and specifically with Article 14 (Section 8630 et seq.) of the Act. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Morro Bay, California does hereby approve the Public Works Mutual Aid Agreement attached hereto as Exhibit A. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof held on the 11th day of June, 1990 by the Following roll call vote: AYES: Baker, Lemons, Odell, Wuriu, Sheetz NOES: None ABSENT: None ROSE MARIE tMEETZ, May ATTEST: A D�, City Clerk ORIGINAL 0- PUBLIC WORKS MUTUAL AID AGREEMENT This Mutual Aid Agreement ("Agreement") is made and entered into by those parties who have adopted and signed this Agreement. WHEREAS, the California Office of Emergency Services, the League of California Cities, the County Supervisors Association of California, and the American Public Works Association have expressed a mutual interest in the establishment of a plan to facilitate and encourage public works mutual aid agreements between political subdivisions throughout California; and WHEREAS, the parties hereto have determined that it would be in their best interests to enter into an agreement that implements that plan and sets forth procedures and the responsibilities of the parties whenever emergency personnel, equipment and facility assistance is provided from one party's Public Works Department to the other; and WHEREAS, no party should be in a position of depleting unreasonably its own resources, facilities, or services providing such mutual aid; and WHEREAS, such an agreement is in accord with the California Emergency Services Act set forth in Title 2, Division 1, Chapter 7 (Section 8550 et seq.) of the Government Code and specifically with Article 14 (Section 8630 et seq.) of the Act. NOW, THEREFORE, IN CONSIDERATION OF THE CONDITIONS AND COVENANTS CONTAINED HEREIN, THE PARTIES AGREE AS FOLLOWS: 1. For this Agreement, the following terms shall be ascribed the following meanings: a. "Coordinator" shall mean the person designated by each party to act on behalf of that party on all matters relative to mutual aid, to include but not be limited to requests, responses, and reimbursement. b. "Local Emergency" shall mean the actual or threatened existence of conditions of disaster or extreme peril to the safety of persons or property within the territorial limits of one of the parties caused by human or natural conditions such as air pollution, fire, flood, storm,..wind, earthquake, explosion, transportation accident, hazard- ous material problem, tsunami, sudden or severe energy shortage, epidemic, riot or other occurrences, other than conditions resulting from a labor controversy, which occurrences, or the immediate threat thereof, are likely to be beyond the control of the personnel, equipment, or facilities of that party to this Agreement and which personnel, equipment or facilities of the other party are therefore desired to combat. c. An "Operational Area" for the coordination of public works mutual aid shall normally be a County and all the jurisdictions within the County that are parties to this Agreement. A different public works opera- tional area may be established by the parties in some unique cases. 2. Coordinators designated by each party shall be designated by Title, Name, Address and Phone Number, and if said Coordinator changes, the other parties of the Agreement shall be notified in writing as soon as I%z) practical after the appointment has been made through the Agreement 1 Coordinator.designated in Paragraph 18 hereinafter. O 3. When a Local Emergency has been proclaimed by party's governing body or authorized official, the Coordinator may request assistance. 4. When request for assistance is received, the assisting Coordinator shall promptly advise of the extent of response, provide whatever personnel, equipment, and/or facilities as can be provided without jeopardizing the safety of persons or property within their jurisdiction. No party receiving a request for assistance shall be under any obligation to provide assistance or incur any liability for not complying with the request. 5. When the assisting Coordinator's personnel, equipment, and/or facil- ities are no longer required or when assisting Coordinator advises that the resources are required within their own jurisdiction, the requesting Coordinator shall immediately arrange for the return of those resources. 6. Requesting party shall be responsible for the safekeeping of the resources provided by the assisting party. Requesting Coordinator shall remain in charge of the incident or occurrence and shall provide control and direction to the resources provided by the assisting party. The request may include for providing supervisory personnel to take direct charge of the resources under the general direction of the requesting Coordinator. Requesting Coordinator.shall make arrange- ments for housing and feeding, assisting personnel, fueling, servicing, and repair of equipment if such support is requested by assisting Coordinator. Assisting party's personnel shall not be deemed employees of requesting party and vice versa. The requesting party agrees to pay all direct, indirect, administra- tive and contracted costs of assisting party incurred as a result of providing assistance pursuant to this Agreement, based upon standard rates applicable to assisting party's internal operations. Payment shall be made within sixty (60) days after receipt of a detailed invoice. Requesting party shall not assume any liability for the direct payment of any salary or wages to any officer or employee of assisting party. 8. Requesting party shall hold harmless, indemnify, and defend the assisting party, its officers, agents, and employees against all lia- bil Ay, claims, losses, demands or actions for injury to, or death of, a person or persons, or damages to property arising out of, or alleged to arise out of or in consequence of, this Agreement provided such liability, claims, losses, demands, or actions are claimed to be due to the acts or omissions of the requesting party, its officers, agents, or employees, or employees of the assisting party working under the direction and control of the requesting party when the act or omission of such assisting party employee occurs or is alleged to occur within the scope of employment under the direction and control of the requesting party. When mutual aid is provided, the requesting and assisting agencies, will keep account records of the personnel, equipment, and materials provided as required by Federal and State (NDAA) and FEMA guidelines to maximize the possibility of Federal and State disaster reimbursement. Each party shall have access to other party's records for this purpose. 10. Agreement shall take effect immediately upon its execution and shall remain in effect until terminated. 11. Any party may withdraw from agreement without cause upon delivery of sixty (60) days prior written notice to the Agreement Coordinator designated in Paragraph 18 hereinafter. 12. To the extent that they are inconsistent with this agreement all prior agreements for public works mutual aid between the parties hereto are hereby null and void. 13. Requests for mutual aid assistance under this Agreement when more than one County is impacted by a disaster, should be channeled through the appropriate Regional State Office of Emergency Services - to ensure maximum effectiveness in allocating resources to the highest priority needs. 14. Requests for Public Works assistance from outside of an operational area should be channeled through the authorized emergency management organizations for the requesting and providing parties' operational areas. 15. Any controversy or claim arising out of or relating to this Agreement, or the breach thereof, shall be settled by arbitration in accordance with the Rules of the American Arbitration Association and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. 16. This Agreement in no way acts to abrogate or waive any immunity available under the Tort Claims Act. 17. Initial signatories to this Agreement are: Los Angeles County Orange County 18. The County of Los Angeles shall act as the initial Agreement coordinator of this program for the purpose of: a. Receipt of new members to the Agreement. b. 'Maintaining a current list of signatory parties and representatives. c. Circulating annually a list of all parties and Representatives to all signatory parties. d. Arranging for amendments to agreement as may be necessary. The party acting as Agreement Coordinator may transfer these responsi- bilities to another party with the consent of that party and upon notification of the other parties to the Agreement. 1�1 19. All signatory parties agree that any other qualified public agency or quasi public agency may become a party to this agreement by executing a duplicate copy of this agreement and sending same to the Agreement Coordinator, initially the County of Los Angeles, addressed as follows: The Los Angeles County Department of Public Works 900 South Fremont Avenue Alhambra, CA 91803-1331 Attention:. Disaster Services Coordinator IN WITNESS THEREOF, the parties hereto have executed this Agreement by their duly authorized officers on the dates hereinafter indicated. ATTEST SIGNED AND CERTIFIED THAT A COPY OF THIS DOCUMENT HAS BEEN DELIVERED TO THE:. CHAIRMAN OF THE BOARD. .11 I'�_-. EI LINDA D. RUTH JAN g •t;ce CLERK OF THE BOARD OF SUPERVISORS OF ORANGE COUNTY, CALIFORNIA APPROVED AS TO FORM DeWitt W. Cli;nton County Counsel BY PRINCIPAL DEPUTY APPROVED AS TO FORM: ADRIAN KUYPER, COUNTY COUNSEL ORANGE COUNTY, CALIFORNIA By: yv1 • 0L,J� Deputy Nvr aq�1 R-MCPW ORANGE COUNTY BY CHAIRMAN, BOARD OF SUPERVISORS D'�j PU`% BOARD OF SUpERjncORS COUNTY OF LOS a; CE_E 43. OCT 3 1 MS LARRY 1, MUr: FEILH EXECUTIVE OFFICER CITY ZRRO BAY B Y/'/i/�/J//� 04SE MARIE SHEE9Z, Mayor ATTTE A7DITH DAVIS,-City � City Clerk .. - • • RESOLUTION NO. 72-90 APPROVAL OF SUBLEASE FOR A PORTION OF LEASE SITE 71 TO GLEN LANE, DBA THE FLOWER BASKET AND AMENDMENT TO LEASE ADDING "NON -PERMANENT FLOWER STAND" AS AN APPROVED USE 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. 71-71/71W- 72W; and WHEREAS, Morro Bay Marina Inc. is the lessee 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 lessee has entered into a sublease agreement for a portion of lease site 71 with Glen Lane, dba The Flower Basket, a copy of which sublease agreement has been presented to the City of Morro Bay; and WHEREAS, the Planning Commission has approved Conditional Use Permit 17-90 to the applicants for a non -permanent flower stand; 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. 71 to Glen Lane; BE IT FURTHER RESOLVED that the Lease for Lease Sites No. 71-72/ 71W-72W be amended to add "non -permanent flower stand" as an approved use; all required documentation shall be subject to review and 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 llth day of June, 1990, by the following vote: AYES: Baker, Lemons, Odell, Wuiru, Sheetz NOES: None ABSENT: None 4Ar2� oe A1ZbITH DAVIS, CITY CLERK CONSENT TO SUBLEASE AGREEMENT THIS CONSENT TO SUBLEASE AGREEMENT is entered into this L5 day of June 1990c,. by and between MORRO BAY MARINA (hereinafter referred to as "Lessee"), and individuals. Glob Laneand , doing business as Flower Basket (hereinafter referred to as "Sublessee") an4"THB CITY OF MORRO BAY (hereinafter referred to as "City"). R L•' C I T A L S WHEREAS, a Lease was execute3.on October 1, 1968, for Lease Sites "71�etween the County of San Luis Obispo, Chris George and Isabel O. George, together with amendments, assignments and assumptions dated 12-f5-69, 2-20-71, 5-14-73, 9-14-81 (hereinafter referred to as "Lease"). WHEREAS, Lessee desires to assign a sublease for a portion of the premises to Sublessee. _ NOW, THEREFORE, IT IS AGREED AS FOLLOWS: 1. Lessee and Sublessee jointly and severally guarantee that Lessee will pay all of the sums required of Lessee and Sublessee under the terms of the Lease to City. In the event Lessee fails to make such payment, Sublessee agrees to promptly make such payment to City for Lessee. Failure to pay the rent shall constitute a violation of the Lease and City shall, after three days' written notice to Lessee, have the following options: (a) City may elect to pursue. all legal remedies against Lessee alone or against both Lessee and Sublessee or against Sublessee alone. City's election to pursue one instead of both of the parties shall not preclude a later action against the other party to recover any amounts riot paid and both Lessee and Sublessee agree that they are to be jointly and severally liable for any breach by the Sublessee. (b) City shall have all other legal remedies provided for in the Lease and allowed by law, including the right to bring an action for unlawful detainer against Sublessee, Lessee, or both, for nonpayment of rent by Lessee of Sublessee's portion of rent due to City. 2. Sublessee specifically agrees to comply with each and all of the terms and conditions of the Lease attached as Exhibit A. Lessee guarantees Sublessee's compliance with each and all of the terms and conditions of the Lease, and all of the parties agree that a violation by Sublessee of the terms of the Lease shall constitute a violation of the Lease by Lessee. Lessee agrees to take whatever action is required to secure Sublessee's compliance with each and all of the terms of the Lease, and agrees to indemnify City, as landlord, from any and all claims, loss, cost or expense resulting from Sublessee's failure to comply with the terms of the Lease. 3. The term of the Sublease (attached as Exhibit B) shall be one year, commencing upon execution of said Lease and this Consent to Sublease; provided, however, that the term of the Sublease shall not in any'event exceed the terms of the Lease and.said Sublease shall, in all events, terminate upon termination of the. Lease for any reason, including, but not limited to, a termination which occurs as a result of court judgment. 4. Sublessee acknowledges its duty to secure a copy of the Lease and each and all of the amendments to that Lease from Lessee, and to review each and all of the:terms, and Sublessee agrees to comply with each and all of the terms and conditions of those documents. Sublessee acknowledges and agrees that this duty exists between Sublessee and Lessee and not between Sublessee and the City. 5. The proposed use by Sublessee is as follows: retail shop. Said designated use shall not be changed without the prior written consent of City. Sublessee agrees that any use by Sublessee of the subleased premises for a purpose other than that specified in this paragraph, whether or not permitted under the terms of the Lease, shall constitute an -2- unauthorized use. The area of the Lease site covered by the Lease is attached as Exhibit C and constitutes approximately 11�90osquare feet. The area of the Sublease site and of the proposed use is included in Exhibit C and constitutes approximately 50 square feet. The location and size of the proposed use shall not be altered without the prior written consent of the City. 6. Sublessee shall not substantially alter or improve the premises or any part thereof without first obtaining the prior written consent of City. 7. Sublessee agrees to submit a statement of previous business experience and agrees to submit current personal and business financial statements upon request and further agrees to submit such documents as part of the City's consideration of the Consent to Sublease Agreement. Sublessee shall not assign, mortgage, or encumber the subleased premises in whole or in part without the prior written consent of City. 8. Sublessee agrees to maintain adequate liability insurance in the manner and form required under the Lease in an amount of not less than $300,000.00 per occurrence and agrees to name the City of Morro Hay as an additional primary insured without offset against the Cit-y's insurance. Sublessee agrees to provide the certificates of insurance to the City as required under the Lease and otherwise comply with the insurance requirements set forth in the Lease. 9. Sublessee and Lessee agree to indemnify and save City free and harmless from and against any and all claims by third parties, including reasonable attorney's fees and court costs arising from Sublessee's failure to comply with any of the terms of this Consent to Sublease Agreement. 10. The Sublease Agreement and all of its terms, provisions and covenants are expressly conditioned upon first obtaining the consent of the City Council of the City of Morro Day, evidenced by a resolution passed and adopted by said City Council, to the execution of .the Sublease. This Agreement cannot be modified except by a written document approved by the -3- City Council of the City of Morro Bay and signed by the Mayor and Clerk. A waiver of any of the conditions or terms of this Consent or of the Lease shall not constitute a waiver of any future breach of any terms or conditions of this Consent or the Lease. 11. To the extent that the terms of the Sublease are inconsistent with the terms of this Agreement or Lease with the City, this Agreement of Lease shall supersede and be the controlling document. To the extent that this Consent to Sublease Agreement is inconsistent with the terms of the Lease, the -Lease shall supersede and be the controlling document. IN WITNESS WHEREOF, the parties hereto have executed this Consent to Sublease Agreement as of the day and year first above written at Morro Bay, California. CITY OF MORRO BAY A Mun' 'pal Corporati By ROSE P ARIE SH TZ, Ma r ATTESaz : 4� A GAL City Clerk RESOLUTION RESOLUTION RATIFYING AN AGREEMENT WITH ARROWHEAD WATER, INCORPORATED FOR RENTAL OF A PORTABLE REVERSE FOR PLACEMENT ON CITY WELL NO. 1 O U N C I California INDUSTRIAL OSMOSIS UNIT WHEREAS, due to the continuing drought conditions experiencing, the City of Morro Bay must augment its water supply on an emergency basis; and WHEREAS, the placement of a portable reverse osmosis unit inactive City Well No. 1 has been deemed an appropriate method provide a source of said augmentation; and WHEREAS, Arrowhead Industrial Water, Incorporated Milpitas, California has a portable unit available for yenta a temporary basis. NOW, THEREFORE, BE IT RESOLVED by the City Council of City of Morro Bay, California that the rental agreement for unit, attached as Exhibit "A" hereto is hereby approved; and BE IT FURTHER RESOLVED and directed to sign said Morro Bay. PASSED AND Bay at a regular following vote: ATTEST: ARD TH DAVIS, City Clerk Administrator be authorized on behalf of the City of City of Morro 1990, by the , Wuriu, Sheetz O E MARIE SHEE Z, ayor WATER. 960 Ames Avenue Milpitas. CA 95035 409-946.1520 FAX 406-945-1549 PROPOSAL 2333R-92-3780 C March 29, 1990 "- C iE @ V C D nT>R 2 - 1990 CCPARTMEN1 Of PUBIC WORKS Mr. Bill Boucher :1••••- Public Works Department and Engineering Division City of Morro Bay 695 Harbor Street Morro Bay, CA 93442 Re: 200 GPM Reverse Osmosis Water Treatment System Mr. Boucher: Confirming our recent telephone conversation, Arrowhead Industrial Water (AIW) is please to present for your consideration the following pricing information to supply a mobile RO unit to treat your brackish well water. AIW will provide one (1) reverse osmosis system capable of producing a permeate flow rate of 180 to 200 GPM based upon a feedwater temperature_ of 55°F. Additionally, AIW will provide the following: - Delivery, installation and start up of the RO system. - One (1) lot of pretreatment filters for the RO system. - One (1) on -site operator to service and maintain the RO system. - AIW will be responsible for all maintenance and repair of the rental equipment provided. - Initial contract period from July 1, 1990 to November 1, 1990. - Monthly equipment rental and service rate will be $30,000.00 per month. - After the initial contract term, the City of Morro Bay may extend on a month to month basis for the same monthly rental rate. - AIW will provide delivery by June 15 and start up no later than July 1, 1990. CONFIDENTIAL: This document and the technical analysis, engineering designs and other infor- mation contained in it are confidential and the sole property of Arrowhead and may not be used or disclosed to any person except as authorized by Arrowhead. PROPOSAL WATER, INC. 960 Ames Avenue 2 3 3 3 R-9 2- 3 7 8 0 Milpitas, CA 95035 406-946-1520 FAX 4o6-945-1549 !.City of Morro - The City of Morro Bay is to provide utilities (electrical power and water) to AIW's equipment and provide assistance with hook- up of equipment at the pad site. Items to be provided by the City of Morro Bay: - Two (2) 200 AMP, 460 volt power supplies. - One (1) 4" feed line from the well water supply capable of flowing a minimum of 250 GPM at 50 to 60 psig. - One (1) 4" discharge line for the RO permeate (to the storage tank) capable of flowing a minimum of 200 GPM. - One (1) 3" discharge line for the RO concentrate (to a sanitary drain) capable of flowing a minimum of 50 GPM with no back pressure. RO concentrate will be adjusted to a proper pH before discharge to drain. - Area required for the RO trailer is 12' x 401. - Detailed water analysis of the water to be treated. AIW will provide the following safety items for AIW personnel: - Suitable protective clothing and respirators for all AIW personnel. - Safety hats for all AIW personnel. - Safety shoes for all AIW personnel. - Emergency lighting within the RO container. - AIW reserves the right to terminate this agreement without penalty in the event that the process is found to be uneconomical, hazardous to personnel or damaging to the Arrowhead equipment. As discussed, AIW will require a detailed water analysis as soon as possible to insure that the RO system is capable of providing the water quality you require. Additionally, a water quality specific should also be provided. Once I receive this information, I will run a computer projection of the RO permeate and concentrate for your review. CONFIDENTIAL: This document and the technical analysis, engineering designs and other infor- mation contained in it are confidential end the sole property of Arrowhead and may not be used or disclosed to any person except as authorized by Arrowhead. WATER. INC. 960 Ames Avenue Milpitas, CA 95035 406-946-1520 FAX 406-945-1549 PROPOSAL 2333R-92-3780 J If this preliminary proposal meets with your approval, please feel free to contact me at your earliest convenience in order to confirm and schedule dates for equipment delivery and start up. Additionally, AIW will require your purchase order number by May 15 in order to make delivery and start up by July 1. Thank you for your interest in AIW's products and service and I look forward to working with you on this project. Regards, ARROWHEAD INDUSTRIAL WATER Y Dan Berergamini Sales Engineer DB:id cc: Jim Elliott, AIW Mitch Boers, AIW Chuck Gordon, AIW PROPOSAL ACCEPTED INCORPORATING ATTACHED EXHIBITS A and B: CONFIDENTIAL: This document and the technical analysis, engineering designs and other infor- mation contained in it are confidential and the sole property of Arrowhead and may not be used or disclosed to any person except as authorized by Arrowhead. CITY to additionally provide at no cost to AIW: Telephone line for data transmission. Whatever governmental permits are required for the seller to carry out its obligations hereunder. Purchaser shall bear all expenses (including but not limited to fees) incurred to obtain permits and licenses. AIW reserves the right to terminate this agreement without penalty in the event that the process is found to be uneconomical, hazardous to personnel, or damaging to the Arrowhead equipment. 5xHOT "A" Exhibit II Eguipment Specifications: One (1) each Arrowhead Industrial Water Mobile Reverse Osmosis system, 150 - 200 GPM. AIW will provide the following safety items for AIW personnel: Suitable protective clothing and respirators for all AIW personnel. - Safety hats for all AIW personnel. - Safety shoes for all AIW personnel. - Emergency lighting within the RO container. - Pager for AIW personnel. Exhibit III Quality Specifications: The following water quality specifications to be met by the Arrowhead Mobile RO system are based upon the feed water analysis provided by Morro Bay dated April 4, 1990, laboratory sample number G-1108-1 (attached). A significant change in the feed water analysis (+ 10% change in any constituent) may affect the permeate water quality from the reverse osmosis system, permeate flow rate or pretreatment to the system. Flow Rate: 150 GPM at 50 F feedwater temperature 170 GPM at 59 F feedwater temperature Quality: 92% or greater rejection of total dissolved solids (TDS) If necessary AIW will adjust the pH of the RO permeate to equal the pH of the well water + or - .5 pH. Daily Log: AIW will provide a hour log of RO system performance while the AIW technician is on duty. 6)(Hir1T „A„ L UL3 I 1 Ir voft� ARROWHEAD INDUSTRIAL WATER A DIVISION OF y h ARROWHEAD PURITAS WATERS, INC. _ Standard Warranty t- ,) Arrowhead Puritas Waters, Inc., doing business as Arrowhead Industrial Water ("AIW") warrants the condi- tion and performance of its industrial water service and products as set forth in the applicable paragraph below. THIS WARRANTY IS MADE IN LIEU OF ALL OTHER WARRANTIES EXPRESS OR IMPLIED, INCLUD- ING SPECIFICALLY AND WITHOUT LIMITATION, AN IMPLIED WARRANTY OF MERCHANTABILITY I,Ys� OR OF FITNESS FOR A PARTICULAR PURPOSE WHICH MAY OTHERWISE ARISE UNDER LAW, AND ;TNT IN LIEU OF ALL OTHER OBLIGATIONS OR LIABILITIES ON THE PART OF AIW IN CONNECTION WITH THE SALE OF AIW PRODUCTS OR THE PROVISION OF AIW SERVICES. 4�• A. Industrial Water System Design. AIW warrants that the industrial water treatment system designed and provided by it will, subject to the conditions set forth in this paragraph A, during the first twelve (12) months following installation achieve the capacity and the quality quoted in writing in connection therewith. The foregoing warranty is subject to the conditions that the feedwater into the system (a) is provided at the physical conditions (temperature, psig, turbidity and other characteristics) initially specified in connection with the design of the system and (b) contains total dissolved solids (TDS) or any component element thereof varying not more than Ten Percent (10%) from the feedwater analysis initially taken in connection with the design of the system. �Y:., The obligation of AIW under this warranty is limited to repair or replacement (at the option of AIW) of "t components of the system. Any additional components required, less returned components and redundant labor t charges, shall be at the expense of the customer. y, This warranty does not extend to lal removal from feedwater of any material which cannot be detected by usual analytical methods (b) performance of the system where the presence of an unusual amount of silt or other precipitating substance in the feedwater is capable of removal by application of reasonable cleaning procedures. F' t B. Sale Or Lease (Without AIW Full Service) Of Industrial Water Service Equipment (Other Than Reverse r Osmosis Modules). AIW warrants all products manufactured, sold or leased (without AIW full service) by it (other than reverse osmosis modules) against defects in material and workmanship for twelve (12) months commencing on the date of shipment thereof by AIW. AIW also warrants all products sold or leased (without ed AIW full service) but not manufactured by it, at any further extent that AIW or the purchaser has warranty r. recourse against the manufacturer thereof. j' The obligation of AIW under this warranty is limited to repair or replacement (at the option of AIW) of a " product, or component thereof, which is defective in material or workmanship delivered, freight prepaid, to AIW at its address set forth below by the original purchaser within such twelve (12) month period. All costs of transporting such product to and from AIW's facility is the responsibility of the purchaser. AIW shall be the sole judge in determining whether such product is defective in material or workmanship. ' C. Sale Or Lease (With AIW Full Service) Of Industrial Water Service Equipment (Other Than Reverse f Osmosis Modules). AIW warrants all products (other than reverse osmosis modules) sold or leased by it in con- nection with the provision of AIW industrial water full service covering such products against defects in materials N and workmanship during the term of the full service agreement. AIW further warrants, based on (i) the feed w water characteristics noted in writing in such full service agreement and (ii) the proper functioning of any equip- ment of the customer affecting the industrial water system which is not serviced by AIW that the effluent achieved will be at least of the quality quoted in writing in such full service agreement and limited solely to those ?pc >r�; quality characteristics specifically noted. For purposes of the foregoing, the term "full service agreement" shall mean a written agreement whereby AIW expressly assumes complete responsibility for a specified term for all aspects of service to the industrial iy; water equipment sold or leased or specific components thereof, including repair or replacement of any such 'r?4 equipment, for a charge which is stated to include a provision for such repair or replacement at the expense of ..t,; AIW. '�, EXF4181 T "bll The obligation of AIW under this warranty is limited to repair or replacement (at the option of AIW) of equipment, or a component thereof, which is defective in material or workmanship delivered, freight prepaid, to AIW at its address set forth below. All costs of transporting such equipment to and from AIW's facility is the responsibility of the customer. AIW shall be the sole judge in determining whether such equipment is defective in material or workmanship. D. Sale Or Lease Of Reverse Osmosis Modules. Unless a service agreement between AIW and the customer is then in effect which specifically states that the charges thereunder include a provision for replacement of reverse osmosis modules during the term of such agreement, AIW makes no warranty whatsoever as to the quality, condition or performance of any reverse osmosis modules sold or leased by it. Such reverse osmosis modules are sold or leased "as is" and the customer assumes full responsibility for replacement thereof, at its expense, if defective. Notwithstanding the foregoing, AIW shall remain responsible for any negligence on its part in connection with such sale or lease of reverse osmosis modules. E. Provision Of Industrial Water Service. AIW warrants that industrial water service (including, without limitation, regeneration of cleionization resins, reverse osmosis system maintenance, and other routine main- tenance of an industrial water treatment system) will be performed in a workmanlike manner and in accordance with any service agreement providing for such service. F. Sale Of Bulk Water. AIW warrants that bulk water sold by it conforms at the point of delivery to customer (as to quality and quantity) to the representations, if any, made in writing by AIW in connection therewith. G. Additional Terms And Conditions. All of the warranties set forth above are subject to the following additional terms and conditions: (i) No warranty shall apply if the water treatment system or product designed or sold or leased, as the case may be, is used otherwise than in strict conformity with the written operating instructions furnished by AIW. (ii) No warranty shall apply if the water treatment system or product designed or sold or leased, as the case may be, has been modified, altered, repaired or tampered with by any person not authorized by AIW or has been subject to negligence or misuse committed by persons other than AIW employees or accident. (iii) In no event shall AIW be responsible under any express or implied warranty for personal injury (including death resulting therefrom), property damage or destruction including work in progress, business interruption, lost profits, lost opportunities and any and all other such damages under such warranties is hereby DISCLAIMED by AIW and the purchaser or customer, as the case may be, hereby assumes all responsibility in such regard. Apart from any warranty, AIW shall be responsible for any such damages only if they are caused solely by the negligence of AIW. (iv) All warranties are subject to the condition that the purchaser or customer notifies AIW of a possible breach in writing with reasonable promptness and in any event within sixty (60) days after Such possible breach first arises. (v) No employee, agent or other person acting on behalf of AIW has the power to amend these war- ranties or to make any further or additional warranty, whether orally or in writing. Arrowhead Industrial Water 1441 East Washington Boulevard Los Angeles, California 90021 SL, rZ D� D D DDIV LDD CONDITIONS OF SALE In addition to terms and conditions contained elsewhere, in writing, in this proposal, the following conditions are also applicable unless specifically excepted to in writing. ACCEPTANCE OF PROPOSAL Customer may accept this proposal prior to the termination date set forth (or if no such date is specified within 30 days from date of proposal) by issuance of a purchase order or other written advice unconditionally agreeing to all of the terms and conditions set forth herein. In the event Customer issues a purchase order which accepts this proposal an condition that Arrowhead Industrial Water (AIW) agree to modify or delete its terms and conditions contained in this proposal, or agree to additional terms and conditions not set forth herein, such conditional purchase order shall not be binding upon AIW until AIW has accepted the conditional purchase order in writing. In the event that during performance of the work the parties should agree to any change in the plans and specifications. such change shall be made by a written change order signed by both parties. If such change requires additional time for performance, the change order shall specify the extended time for performance. If such change requires an increase in price, it shall not be effective until Customer issues a written purchase order setting forth the increase in price. If such change requires a decrease in price, it shall not be effective until AIW issues a written credit memo setting forth the decrease in price. 2) ENGINEERING APPROVAL In the event engineering approvalls) are required by Customer as a Condition of Sale, such approval(s) shall occur upon passage of seven (7) calendar days from submission of engineering data to Customer for approval unless AIW is advised in writing to the contrary prior to the expiration of such period. 3) TITLE TO EQUIPMENT As security for payment of all amounts due and to become due hereunder, AIW shall retain title to all equipment comprising the system covered by this proposal until paid for in full by Customer. Customer will, at the request of AIW, execute a financing statement in accordance with the California Commercial Code and further hereby appoints AIW as its attorney in fact for such purpose. In the event that Customer fails to pay the purchase price for the System when due, AIW shall have the right to take possession of. and remove the equipment to which it has retained title provided that it first gives written notice to Customer of its intent to do so. Customer shall have 10 days after receipt of notice within which to make payment in full. If Customer fails to make payment in full within said 10-day period, AIW may proceed to take possession of and remove the equipment. Customer hereby agrees to permit AIW to have access to such equipment and to enter the premises of Customer for such purpose at any reasonable time. In the event Customer accepts the System but disputes the amount claimed by AIW to be due upon acceptance, AIW may not assert its right to possession of the equipment to which it has retained title provided that within the time provided hereunder for AIW to perfect its right of possession and removal, Customer has paid AIW the undisputed balance due and has deposited into an escrow account the amount in dispute. Upon compliance with these procedures, title to such equipment will pass on to Customer and AIW's security interest shall attach to the funds so deposited into the escrow account. The disputed amount, so deposited, may thereafter be disbursed from such escrow account only by written agreement of AIW and Customer or final order, judgment, or decree of a court of competent jurisdiction. In the event that Customer is not the owner of the real property upon which the System is installed, prior to commencement of work, it shall notify AIW of the name and address of the owner and shall furnish AIW, at AIW's request, a copy of the lease or other document under which Customer is entitled to possession of the premises. 4) TIME FOR PERFORMANCE The time for performance will be extended in the event of any of the fallowing accidents or occurrences which cause delay in the fabrication and installation of the System: a) Fire, explosion, windstorm, flood, earthquake, or other occurrence of nature beyond the control of AIW; b) Labor disputes, riots, civil commotion, or acts of malicious mischief or vandalism beyond the control of AIW; c) Material shortages beyond the control of AIW; or d) Any negligent or willful act, error, or omission of Customer. In the event of any of the foregoing accidents or occurrences, the time for performance shall be extended by the number of working days which AIW, acting with all due diligence and dispatch, is prevented from performing the work required under the plans and specifications. 5) CANCELLATION After issuance of a purchase order by Customer to AIW, Customer may cancel the purchase order, provided that Customer first gives AIW written notice of intention to cancel and pays to AIW the Liquidated Damages as provided in paragraph 1 below and the Ordered Equipment Charge as provided in paragraph 2 below less the Returned Equipment Credit as provided in paragraph 3 below, such payment to be made on the terms provided in paragraph 4 below. In no event shall the amount payable by Customer as a condition to cancellation exceed the agreed contract price. EX141E51T- "f5u Liquidated Damages — a) 10%of the agreed contract price itnoticeis given within 10 days of the issuance of the purchase order. b) 25% of the agreed contract price if notice is given more than 10 days but within 30 days of the issuance of the purchase order. c) 35% of the agreed contract price if notice is given more than 30 days alter issuance of the purchase order. Customer acknowledges and agrees that the darnages to AIW, including the value of engineering and design studies performed, time diverted from other potential customers and the potential goodwill anticipated from the sale of the System to Customer, are impracticable or extremely difficult to ascertain and that the foregoing represents a bona fide reasonable attempt by the parties to estimatesuch damages Ordered Equipment Charge If notice of intention to cancel is given and prior to receipt of such notice AIW has ordered specific equipment required by the purchase order, AIW shall beentitled to charge Customer, in addition to the Liquidated Damages, the selling price of such ordered equipment. Returned Equipment Credit As to any ordered equipment, upon written instructions from Customer, AIW shall attempt to return such equipment delivered to AIW or cancel such orders for equipmentnotdelivered to AIW as may be designated by Customer in writing. 11 successful, Customer shall be entitled to a credit of 90°%of the selling price of such returned or cancelled equipment, less AIW's casts for any assembly labor, packing or shipping required to effect such a return, together with any restocking or cancellation charges levied by the vendor against AIW as a condition to such return or cancellation. Terms of Payment Upon Cancellation of Upon receipt of notice of intention to cancel from Customer, AIW shall promptly submit an invoice to Customer, specifying the amount of the Liquidated Damages and the amount of the Ordered Equipment Charge. Ill The Liquidated Damages shall be due and payable, net, upon presentation of the invoice. If Customer instructs AIW to attempt to return or cancel ordered equipment, the Ordered Equipment Charge shall he due and payable, net, 30 days after presentation of the invoice, trod during thisperiod AIW will issue credit memos for the Returned Equipment Credit for any equipment actually returned or cancelled. Otherwise, the. Ordered Equipment Charge shall also be payable, net, upon presentation of the invoice. c) Upon payment in full of the Liquidated Damagesond Ordered Equipment Charge, title to all noncancellable job components wilt pass to Customer, and AIW will gather all such noncancellable job components in their status as of the date of notice of intention to cancel and ship such components F.O.B. Sunnyvale, California, to the location or locations specified by Customer. d) In theevent Customergives notice of intention to cancel but fails to pay the amount due hereunder within the time herein provided, the purchase order issued by Customer to AIW shall at all times remain valid and effective and AIW shall be entitled 10 pursue any and all remedies which it may have to require Customer to perform its obligation under said purchase order and/or to recover any damages sustained by AIW because of the failure of Customer to perform such purchase order and/or to recover any damages sus tained by AIW because of the failure of Customer to perform such obligation. The prices quoted herein are based upon prices currently charged AIW by its suppliers of materials and parts contained within the proposal. a) In the event that, following acceptance of the proposal, AIW is subsequently charged prices higher than those in effect on the proposal date, AIW shall be entitled to increase the sales prices herein quoted as follows: The percentage increase charged to AIW by suppliers, for only those applicable materials or parts, shall be proportionally applied against and added to the total sales price hereunder. b) With regard to ion -exchange resins only, the price increase shall he the difference in the sales value of the price in -effect by the resin supplier on the proposal date as compared to sales value of the price -in effect at the dole such resins are shipped by AIW to Customer. AIW agrees to furnish Customer, when invoicing against this proposal, a statement certifying to such increases and setting forth the calcu lotions used in arriving at the revised sales price. 7) SERVICE RATE ESCALATION In the event Service is contained herein as part of this proposal, AIW may increase Service Rates each anniversary date by a percentage amount equal to the increase in the wholesale price index during the previous 12 months as reflected by the U.S. Department of Labor, Bureau of Labor Statistics, Wholesale Price Index — All Items, or if no such index is published, as reflected by any co on par cble government index. RISK OF LOSS Customer shall bear the risk of any loss resulting from physical damage to fixtures, equipment, or materials installed by AIW or delivered to the jobsite, but not yet installed as part of the System, arising out of any accident or occurrence except when caused solely by a negligent or willful act, error, or omission of AIW. ATTORNEY'S FEES In any action for payment of the purchase price or other amounts due to AIW or the enforcement of its security interest in the equipment hereunder, the prevailing party in such action shall also br, entitled to reasonable atlorney's fees from the other party. TAXES Customer shall be obligated to pay all riles, use, excise and other taxes arising Out of the sale of the System, including any such tax attributable to service hereunder. NOTICE Any notice required to AIW hereunder shall be given as follows: ARROWHEAD INDUSTRIAL WATER 1441 E. WASHINGTON BOULEVARD LOS ANGELES, CALIFORNIA 90021 Whore, the pony receiving such notices is required Or ontitled to perfuun any act wlthio a given period ihereafinr, such period shall nor com mnnce to run until actual receipt of such notice by the parry named above, of an of cer or managing agent who has the authority to cause such an act to be, performed. �6'9D VDU :#*03*00to) ILiNNlW*3=31] RESOLUTION AWARDING BID NO. PW89-15 FOR WATERLINE MATERIALS AND FIRE HYDRANTS THE CITY COUNCIL City of Morro Bay, California WHEREAS, the City of Morro Bay is starting Phase 4 of its Waterline Replacement Program; and WHEREAS, the bids for waterline materials and fire hydrants were solicited pursuant to Section 3.08 of the City of Morro Bay Municipal Code; and WHEREAS, the bid format provided that vendors bid each of six material groups (A, B, C, D, E, and F) separately, and further provided that the City reserved the right to make partial awards of said bid using any combination of vendors; and WHEREAS, ten bids were received and publicly opened at 2:00 p.m., May 29, 1990; and WHEREAS, said bids have been reviewed and the three vendors indicated in Exhibit A, attached hereto and incorporated herein by reference, have been determined to be the lowest responsible and responsive bidders for the material groups indicated and at the respective amounts listed in said Exhibit A; and WHEREAS, the respective bid awards total $100,182.03 and sufficient funds are available to proceed with the purchase of said materials. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay to award Bid No. PW89-15 for waterline materials and fire hydrants pursuant to Exhibit A in the amount of $100,182.03. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held thereof on the llth day of June, 1990 by the following vote: AYES: Baker, Lemons, Odell, Wuriu, Sheetz NOES: None ABSENT: None ABSTAIN: ATTEST: DDAVIS, City Clerk EXHIBIT A LOWEST RESPONSIBLE AND RESPONSIVE BIDS BID NO. PW89-15/WATERLINE MATERIALS AND FIRE HYDRANTS The lowest responsible and responsive bid for each material group specified in Bid No. PW89-15 is as follows: MATERIAL GROUP DESCRIPTION VENDOR AMOUNT* A PVC Pipe Central Coast $ 46,825.64 Pipe & Supply B Other Pipe P. E. O'Hair Co. 3,068.77 C Fire Hydrants P. E. O'Hair Co. 18,970.02 D Cast Iron Fittings Parkson Pipeline 14,189.45 Materials E Meter & Vault Boxes P. E. O'Hair Co. 2,997.76 F Service Fittings P. E. O'Hair Co. 14,130.39 TOTAL $100,182.03 * NOTE: Award amounts reflect 2% discount for payment within ten days after receipt of invoice and acceptance of materials by City for all vendors except Parkson Pipeline Materials. • 11 RESOLUTION 68 - 90 A RESOLUTION ACCEPTING THE OFFER OF DEDICATION OF RIGHT OF WAY FRONTING 321 OAHU STREET ON BEHALF OF THE PUBLIC AS DESCRIBED IN SEPARATE INSTRUMENT OF DEDICATION WHEREAS, a condition of Planning Commission Resolution 27-90 approving CUP 16-90 and COP 104-BS requires an offer of dedication be made to the public for right of way along the frontage of 321 Oahu street before issuance ❑f a building permit; and WHEREAS, the required offer of dedication has been made by an acceptable instrument. NOW, THEREFORE, BE IT RESOLVED that the City Council for the City of Morro Bay, California does accept on behalf of the public the offer of dedication of right of way as described on the instrument of irrevocable and perpetual dedication. PASSED AND ADOPTE❑ by the City Council of the City of Morro Bay at a regular meeting thereof held the llth day of June, 1990 by the following roll call vote: AYES: Baker, Lemons, Odell, Wuriu, Sheetz NOES: None ABSENT: None ATTEST: ARDITH DAVIS, CITY CLERK IRREVOCABLE & PERPETUAL OFFER TO DEDICATE THIS OFFER TO DEDICATE, made the 31s1day of _ May 19go by _ Richard F & Diana M Biorklund and Clifford Pfeifer of the City of Morro Bay, County of San Luis Obispo, State of California, hereinafter termed Offeror: WHEREAS, said Offeror desires to make an offer to dedicate, irrevocably, to thepublic, an easement, for public street Purposes, which offer may be accepted at any time by the City of Morro Bay, which has the power to establish, construct and maintain streets. NOW, THEREFORE, said Offeror covenants and promises as follows: 1. That said Offeror is the owner of the following interest described below: FEE 2. That said Offeror does hereby irrevocably and in perpetuity offer to the City of Morro Bay a dedication of a Public right-of-way for street purposes and incidental uses upon the following described property: THAT PORTION OF LOT 18 IN BLOCK 5G OF THE ATASCADERO BEACH TRACT AS SHOWN ON THE MAP RECORDED IN BOOK 2 OF MAPS AT PAGE 15 ON JULY 2, 1917 AT THE OFFICE OF THE SAN LUIS OBISPO COUNTY RECORDER, STATE OF CALIFORNIA, SITUATE BETWEEN THE CENTER LINE AND THE NORTHWESTERLY RIGHT OF WAY LINE OF 13th STREET AND THE SIDE LINES OF SAID LOT 18. 3. That until such time as the above offer of dedication is accepted by the City of Morro Bay, all owners of property contiguous to the above described street parcel shall have the right to use said street parcel as a private street. - 1 - ,.. _.. 0 • IRREVOCABLE & PERPETUAL OFFER TO DEDICATE CCCIESM� THIS OFFER TO DEDICATE, made the 30th day of March 19 90 by John E. Gist, Jr. and Mary Louise Gist of the City of Morro Bay, County of San Luis Obispo, State of California, hereinafter termed Offeror: WHEREAS, said Offeror desires to make an offer to dedicate, irrevocably, to thepublic, an easement, for public street purposes, which offer may be accepted at any time;by the City of Morro Bay, which has the power to establish, construct and maintain streets. NOW, THEREFORE, said Offeror covenants and promises as follows: 1. That said Offeror is the owner of the following interest described below: Fee 2. That said Offeror does hereby irrevocably and in perpetuity offer to the City of Morro Bay a dedication of a Public right-of-way for street purposes and incidental uses upon the following described property: That portion of the part OF Lot 1 In Block lE of the Rtascadero Beach Tract conveyed to Jack C. and Louise R. Mitchell by the deed filed with the Son Luis Obispo County Recorder, State of California, in Volume 817 of Official Records at page 136 described as lying between: the westerly right of way line and the center line of "D,, street as shown on the Map of the Htascadero Beach Tract filed in Book 2 of Maps at page 15 of the aforementioned County records, the northerly right of way line and center line of 3rd street as shown on said map, and that portion of the northerly lot line of said part of Lot 1 extending from the westerly right of way line to the center line of said "0" street and the portion of the westerly lot line of said part of Lot 1 extending from the northerly right of way line to the center line of said 3rd street. 3. That until such time as the above offer of dedication is accepted by the City of Morro Bay, all owners of property contiguous to the above described street parcel shall have the right to use said street parcel as a private street. - 1 - ! 0 4. That said Offeror agrees that said offer of dedication shall be irrevocable and that the City of Morro Bay, at any time in the future, accept said offer of dedication of the public right-of-way. 5. That said Offeror agrees that this irrevocable and perpetual Offer to Dedicate is and shall be binding on his heirs, legatees and assignees. 6. That said Offeror agrees that any trust deeds shall be subordinance to this Officer to Dedicate. IN WITNESS WHEREOF, this Offer to Dedicate is hereby executed by the said Offeror on the day and year first above written. Offeror STATE OF CALIFORNIA COUNTY OF SAN LUIS OBISPO Offeror Offeror On this 30th day of March , 19 90 , before me, the undersigned, a Notary Public in and for said State and County, personally appeared JOHN E. GIST, JR. and MARY LOUISE GIST known to me to be the person(s) LU a Oz whose name(s) is(are) subscribed to the within instrument -J022N o� 4 acknowledged to me that (s)he (they) executee the same.<Q �W Witness my hand d official seal. Q�`s;E Signature: 2r/ /'Notary Public The following sign as beneficiaries of a trust deed and hereby agree that said trust deed shall be subordinate to this Offer to Dedicate. Holder of Trust Deed: By: Title: Title: - 2 - 4. That said Offeror agrees that said offer of dedication shall be irrevocable and that the City of Morro Bay, at any time in the future, accept said offer of dedication of the public right-of-way. 5. That said Offeror agrees that this irrevocable and perpetual Offer to Dedicate is and shall be binding on his heirs, legatees and assignees. 6. That said Offeror agrees that any trust deeds shall be subordinance to this Officer to Dedicate. IN WITNESS WHEREOF, this Offer to Dedicate is hereby executed by the said Offeror on the day and, year first above written. J1 Offeror Offeror STATE OF CALIFORNIA COUNTY OF SAN LUIS OBISPO On this 31 day of May ML k- Offer r' Offeror 19 90, before me, the undersigned, a Notary Public in and for said State and County, personally appeared Clifford Pfeifer, Richard Bjorklund and Dina Mae Bjorklund known to me to be the person(s) whose name(s) is(are) subscribed to the within instrument acknowledged to me that (s)he (they) executee the same. Witness my hand and official seal. JJ,.TY Signature: Notar P\` .e L•'IFLhith q C��vyl UOl r� y hi�c9H. irssicn Exp.:es on January 28, 1994 The following sign as beneficiaries of a trust deed and hereby agree that said trust deed shall be subordinate to this Offer to Dedicate. Holder of Trust Deed: Title: Title: .• 0 STATE OF CALIFORNIA COUNTY OF SAN LUIS OBISPO On this day of , 191 before me, the undersigned, a Notary Public in and for said State and County, personally appeared known to me to be the and known to me to be the of the corporation that executed the within instrument, known,to me to be the persons who executed the within instrument on behalf of the corporation therein named, and acknowledged to me that such corporation executed the within instrument pursuant to its by-laws or a resolution of its board of directors. Witness my hand and official seal. Signature: Notary Public - 3 - 9 9 I�. Colt -�?o v, l07- Z6 RESOLUTION NO. 65-90 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, CALIFORNIA APPROVING A SITE DEVELOPMENT REPORT FOR DEVELOPMENT OF A BIKEWAY CONNECTING MAIN STREET AND ATASCADERO ROAD T H E C I T Y C O U N C I L CITY OF MORRO BAY, CALIFORNIA WHEREAS, the development of Site Development Reports (SDR) and Master Plans are required to insure that the park improvements meet the current and future needs of the people in Morro Bay; and WHEREAS, the SDR for Bikeway Development connecting Main Street and Atascadero Road has been reviewed by affected Agencies, Pacific Gas and Electric Company and the Planning Commission; and, WHEREAS, development of the bikeway will enhance pedestrian circulation in the City, particularly for youth travelling to and from schools; and, i WHEREAS, the Recreation and Parks Commission has held public hearings on the proposed SDR for the development of said Bikeway and recommends its adoption. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay that the SDR for Bikeway Completion as attached is hereby approved by the Council for further action by City staff to seek funds for this project. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a special meeting thereof held this 29th day of May, 1990 by the following roll call vote: AYES: Baker, Lemons, Odell, Wuriu, Sheetz NOES: None ATTEST: ARDITH DAVIS CITY CLERK I RESOLUTION NO. 64-90 RESOLUTION ESTABLISHING A COMMERCIAL LOADING ZONE ADJACENT TO 935 MAIN STREET T H E C I T Y C O U N C I L City of Morro Bay, California WHEREAS, Section 10.36.040 of the Morro Bay Municipal Code provides for restriction of parking on public streets by City council resolution; and WHEREAS, it has been deemed appropriate to designate a portion of Main Street adjacent to 935 Main Street Lot 18, Block 42, Town of Morro) as a loading zone delineated by yellow curb markings pursuant to and in accordance with the provisions of Morro Bay Municipal Code Section 10.36.120(b). NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay that the abovereferenced loading zone is hereby established; and BE IT FURTHER RESOLVED that the City Engineer be authorized and directed to install curb markings at appropriate locations to indicate the parking restriction established herein. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held on the 29th Day of May, 1990, by the following vote: AYES: Baker, Lemons, Odell, Wuriu, Sheetz NOES: None ABSENT: None O ayor ATTEST: ARDITH DAVIS, Clerk �[ dzy C�{y Scian APP�ar>o° 6rilf 5�P Store l�(ea/fy PROM05ED LOADIN6 Za�IE Fire Exisr. {Jydront � oR�vewA� /7' + 22' 4. 25 22' + 17' i Parke arcs MA IN ST * PPOPOS ED M ITIGATIOM EXISTING YELLOW CURDS FireraExisr. Nyd,ct ORIVEWAy f 22' + 22' 20 22 17' MA 1 M ST. Q EXISTING CONDITIONS 4 cif Of Morro bay ON-STEET MWING OELMATIOl: MAN ST 5.90 No Scale by EXI41P51r Res. No.644o RESOLUTION NO. 63-901 RESOLUTION ESTABLISHING A NO -PARKING ZONE ON A PORTION OF HARBOR STREET WEST OF MAIN STREET T H E C I T Y C O U N C I L City of Morro Bay, California l WHEREAS, it has been deemed to be" in the best public interest to establish a no -parking zone on a portion of Harbor Street west of Main Street; and WHEREAS, pursuant to California Vehicle Code Section 22500(c) and Morro Bay Municipal Code Section 10.36.040, a City Council resolution is necessary to provide for said zone. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay that a no -parking zone on Harbor Street west of Main Street be hereby established as follows: On the north side of Harbor Street commencing at a point approximately eighty-eight feet west of the curbline prolongation of Main Street a no -parking zone twelve feet in length; and BE IT FURTHER RESOLVED the City Engineer be authorized and directed to install appropriate curb markings pursuant to Morro Bay Municipal Code Section 10.36.120 and California Vehicle Code Section 22500(c) to delineate said zone. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held on the 29th day of May, 1990, by the following vote: AYES: Baker, Lemons, Odell, Wuriu, Sheetz NOES: None ABSENT: None ATTEST: AR ITH DAVIS, City Clerk / De Somers Applo4nce Mid-5tate Punk 6Ay C.+y 4nll �+ vawSwAr NAKOOK Gurb, 9wt�e,�- q�cQ sick-ewalk 8 8'± 57^ A SEA aT FKOF05ED KED CUPB City of Morro Bay PPOPOSED RED C U2B N4rbor Street west Of M41'n 5treet 5 90 no scale b : WIPE 6X tibir-KE5. b3-90 RESOLUTION NO. 62-90 RESOLUTION RATIFYING AN INTERIM AGREEMENT WITH MEDI-RIDE, INC. TO OPERATE MORRO BAY DIAL -A -RIDE THE CITY COUNCIL City of Morro Bay, California WHEREAS, City and Cal Coast Charter, Inc. entered into the Morro Bay Dial -A -Ride (MBDAR) Transit Operations Agreement on January 9, 1984, retroactive to July 1, 1983 and terminating June 30, 1986; and WHEREAS, Cal Coast Charter, Inc. was sold to Laidlaw Transit, Inc. effective January 6, 1986, and said Agreement was transferred to Laidlaw Transit, Inc. pursuant to Resolution No. 14-86 adopted February 10, 1986 by the City Council of the City of Morro Bay; and WHEREAS, said Agreement has been extended by the City Council of the City of Morro Bay and is on a month -to -month basis pending completion of a Request for Proposals (RFP) process to select a transit contractor to operate MBDAR in the future; and WHEREAS, completion of said RFP process has been hindered by factors beyond City's control; and WHEREAS, Laidlaw Transit, Inc. gave written notice to City on April 9, 1990 to terminate said Agreement effective May 31, 1990 because it can no longer effectively and efficiently operate the MBDAR project due to its size and character; and WHEREAS, it was not possible for City to complete said RFP process prior to May 31, 1990; and WHEREAS, City contacted five transit contractors with demand - response experience and expertise to operate MBDAR on an interim basis pending the completion of said RFP process; and WHEREAS, Medi-Ride, Inc. is the only one of the five transit contractors contacted willing to operate MBDAR on an interim basis within the City's time requirements and without a minimum term of one year or guarantee from City for award of the contract pursuant to said RFP process; and WHEREAS, it is in the public interest for City to enter into an interim agreement with Contractor as soon as possible to operate Morro Bay Dial -A -Ride until said RFP process is completed; and WHEREAS, Contractor has the management and technical personnel and other assets necessary to operate MBDAR; and 0 0 Resolution No. 62-90 Page 2 WHEREAS, City desires to retain Contractor to operate Morro Bay Dial -A -Ride on an interim basis; and WHEREAS, Contractor desires to provide such transit services to City; and WHEREAS, time is of the essence. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay to ratify the City Administrator's timely action to execute an interim agreement with Medi-Ride, Inc. of Glendale, California to operate Morro Bay Dial -A -Ride, attached hereto as Exhibit A and incorporated herein by reference. PASSED AND ADOPTED by the City Council of the City of Morro Bay at regular meeting thereof held on the 29th day of May, 1990 by the following vote: AYES: Baker, Lemons, Odell, Wuriu, Sheetz NOES: None ABSTAIN: None ABSENT: None ATTEST: ARDITH DAVIS, City Clerk 6 4 RESOLUTION NO. 61-90 RESOLUTION AMENDING LEASE WITH DEANNA DAVIS LEASE SITES 68-68W, ESTABLISHING TIME SCHEDULE TO COMPLETE REPAIRS AND PENALTIES FOR FAILURE TO COMPLY. 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 68-68W and; WHEREAS, Deanna Davis is the Tenant of said property and; WHEREAS, certain repairs are necessary to bring said lease into compliance and Tenant Deanna Davis has agreed to complete said repairs within the time schedule set forth in the attached lease amendment (Exhibit A) and; WHEREAS, the schedule set for completion of repairs on lease site 68-68W as detailed in the attached amendment (Exhibit A) is agreed to by Tenant as a reasonable time schedule. NOW, TBEREF'ORE, BE IT RESOLVED by the City Council of the City of Morro Bay that the attached amendment (Exhibit A) is hereby approved and incorporated into the lease for lease sites 68-68W. PASSED AND ADOPTED, by the City Council of the City of Morro Bay at a regular meeting held thereof on the 14 th day of May, 1990 by the following vote: AYES: Baker, Lemons, Odell, Wuriu, Sheetz NOES: None ABSENT: None ARDITH DAVIS, CITY CLERK • 1 i RESOLUTION NO. 60-90 RESOLUTION TO AWARD BID NO. PW 89-14 FOR WEED ABATEMENT SERVICES TO JIM MATHIS OF MORR❑ BAY, CA. 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 publicly advertised and opened bids for said services ❑n April 24, 1990, and WHEREAS, the Department ❑f Public Works recommends the award of said contract to Jim Mathis of Morro Bay as the lowest responsive and responsible bidder; and NOW, THEREFORE, BE IT RESOLVED by the City Council ❑f the City of Morro Bay that Jim Mathis, of Morro Bay be hereby awarded the contract for weed abatement tractor mowing in the amount of $4.40 per hour per foot width of cut. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof held the 14th day of May, 1990, by the Following roll call vote: AYES: Baker, Lemons, Odell, Wuriu, Sheetz NOES: None ABSENT: None ATTEST: ARDITH DAVIS, City Clerk R E S OLUT = ON WC:)_ 5 9— 9 0 A RESOLUTION OF THE CITY COUNCIL OF MORRO BAY, CALIFORNIA, ENDORSING THE REAUTHORIZATION AND AMENDMENT OF THE FEDERAL COASTAL ZONE MANAGEMENT ACT T H E C I T Y C O U N C I L City of Morro Bay, California WHEREAS, the United States Government established the man- agement, improvement, and protection of coastal resources throughout the Nation as priority national goals under the Coastal Zone Management Act of 1972; and WHEREAS, amongst other beneficial purposes, the Act encour- ages and assists coastal States to exercise their full authority over the lands and waters in the identified coastal zones by developing land and water use management programs for each State; and WHEREAS, the United States Supreme Court ruled by a 5-4 decision in 1984 (Secretary of Interior v. California) that fed- eral oil and gas leasing activities in the Outer Continental Shelf were not matters subject to a consistency review with a State's coastal management plan; and WHEREAS, said ruling not only ended the States' ability to review federal oil and gas lease sales, it appears contrary to the original intent of the Coastal Zone Management Act and raises concerns that the precedent set by this ruling may exempt other federal activities in the coastal zones from State consistency review; and WHEREAS, H.R. 4030 has been introduced in the United States Congress for purposes of reauthorizing the Coastal Zone Manage- ment Act instituting amendments to subject Outer Continental Shelf lease sales to the consistency requirements of the Act; and WHEREAS, Congressmen Leon Panetta and Andy Ireland have introduced H.R. 543 as a further amendment to the Coastal Zone Management Act to specifically and clearly state that all federal oil and gas lease sales, whether within or outside of the actual coastal zone, and other federal activities that directly affect the coastal zone and its sensitive resources must be subject to the consistency requirement review with a State's coastal manage- ment program; and Resolution No. 59-90 Page Two WHEREAS, the citizens and City of Morro Bay, California, have a long-standing and documented record expressing concerns with protecting the sensitive resources of the coastal zone, most recently related to the affects of federal oil and gas leasing sales and activities off the coast of Central California; and WHEREAS, H.R. 4030 and H.R. 543 restore originally -intended authority of coastal States to consider all federal activities that affect coastal resources relative to their federally - approved coastal management programs. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Morro Bay, California, does hereby find the above recitals are true and correct statements and findings, and does hereby declare its endorsement and support for H.R. 4030 and H.R. 543 constituting necessary and prudent reauthorization and amend- ment to the Coastal Zone Management Act; and BE IT FURTHER RESOLVED that the City Clerk is hereby directed to mail copies of City Resolution No. 59-90 to neighbor- ing coastal cities and counties, the League of California Cities, the National League of Cities, and Morro Bay's Congressional and U.S. Senate representatives requesting similar support of H.R. 4030 and H.R. 543. PASSED AND ADOPTED by the Morro Bay City Council at a regular meeting thereof held on the 14th day of May, 1990 on the following vote: AYES: Baker, Lemons, Odell, Wuriu, Sheetz NOES: None ABSENT: None RAEOIESHEZ, Mayor ATTEST: ARDITH DAVIS, City Clerk R E S OLiJT = ON NO _ 5 8— 9 0 RESOLUTION COMMENDING THE MORRO BAY BEAUTIFUL FOUNDATION ON THE OCCASION OF ITS LOTH ANNIVERSARY T H E C I T Y C O U N C I L City of Morro Bay, California WHEREAS, the Morro Bay Beautiful Foundation is observing its tenth anniversary in 1990, and it is appropriate at this time that special public attention be drawn to the Foundation for its resounding success and for the commitment which it has displayed for improving the quality of life in the community; and WHEREAS, in 1980, the Morro Bay Beautiful Foundation, a non- profit organization, was founded to improve the environment and the economy of the Morro Bay area; and WHEREAS, Phyllis Dorn, a Morro Bay water colorist, served as founding president of Morro Bay Beautiful Foundation from 1980 to 1984; and WHEREAS, Warren Dorn, former mayor of Morro Bay, has served as president of Morro Bay Beautiful Foundation from 1984 to the present; and WHEREAS, Morro Bay Beautiful has made significant contribu- tions of funds, materials, and volunteer labor to benefit the residents of the City of Morro Bay, the people of the State of California, and the visitors who come from all over the world to visit the Central California Coast; and WHEREAS, Morro Bay Beautiful led in the effort for the preservation of the ecologically sensitive Morro Bay sand spit and the promotion of the undergrounding of utilities around the harbor to improve visitors' views to the Morro Rock State Historic Landmark and to safeguard wildlife along the shore; and WHEREAS, Morro Bay Beautiful has made major improvements to the landscaping of the City of Morro Bay, including beautifica- tion projects with native plants at the City -County Library Building and in the frontage area along Harbor Street; and WHEREAS, Morro Bay Beautiful works with local schools in educating young people on the importance of environmental protec- tion and in presenting awards to promising students; and WHEREAS, Morro Bay Beautiful continues to sponsor weekly litter walks on state beaches, and cooperates with the California Department of Corrections to employ inmate labor in community clean-up and beautification projects; and e Resolution No. 58-90 Page Two WHEREAS, Morro Bay Beautiful provides resources for the removal of hazards to allow safe boating on harbor waters, and recognition is given to individuals and organizations that con- tribute to a healthier, safer, and more beautiful environment. NOW, THEREFORE, BE IT RESOLVED by the Morro Bay City Council that they congratulate and honor the Morro Bay Beautiful Founda- tion on the occasion of its loth anniversary, commend the Founda- tion for its dedication, devotion and commitment to the improved quality of life of the people of Morro Bay, and convey best wishes for its continued success. PASSED AND ADOPTED by the Morro Bay City Council at a regular meeting thereof held on the 14th day of May, 1990 on the following vote: AYES: Baker, Lemons, Odell, Wuriu, Sheetz NOES: None ABSENT: None JOH BAKER, Counci member 946�]J dt-v'� JOIV LEMONS, Councilmember Councilmemb,97 TOM WURIU, Councilmember MARI ATTEST: ARDITH DAVIS, City Clerk RE S O LUT = ON WC:)- 5 7— 9 0 RESOLUTION OF THE MORRO BAY CITY COUNCIL CALLING A GENERAL MUNICIPAL ELECTION TO BE HELD IN THE CITY OF MORRO BAY ON TUESDAY, NOVEMBER 6, 1990 FOR THE PURPOSE OF ELECTING CERTAIN OFFICERS OF SAID CITY; AND REQUESTING THE BOARD OF SUPERVISORS OF SAN LUIS OBISPO COUNTY TO CONSOLIDATE SAID ELECTION WITH THE STATEWIDE GENERAL ELECTION TO BE HELD IN SAID CITY ON TUESDAY, NOVEMBER 6, 1990; AND OTHER ELECTIONS MATTERS AS REQUIRED BY LAW T H E C I T Y C O U N C I L City of Morro Bay, California WHEREAS, under the provisions of the laws relating to general law cities in the State of California, a regular general municipal election shall be held every two, years for the election of two (2) members of the City Council of ,said City for the full term of four years, and for the election of one (1) Mayor of the City Council of said City for the full term of two years; and WHEREAS, pursuant to Morro Bay Municipal Code Section 2.09.010, it is desirable that said general municipal election be consolidated with the statewide general election to be held on November 6, 1990 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 general municipal election and that said statewide general election and general municipal election be held in all respects as if there were only one election. NOW, THEREFORE, BE IT RESOLVED by the Morro Bay City Council as follows: 1. There is hereby called and ordered in the City of Morro Bay, County of San Luis Obispo, State of California, on Tuesday, November 6, 1990, a general municipal election of the qualified electors of the City, to be consolidated with the statewide general election, to vote for the election, of two (2) members of the City Council for the full term of four years, and for the election of one (1) Mayor of the City Council for the full term of two years; 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 the consolidation of the general municipal election with the statewide general election to be held on Tuesday, November 6, 1990; and Resolution No. 57-90 Page Two 3. The County Clerk is hereby authorized to canvass the returns of said general municipal election to be consolidated with said statewide general election, and said election shall be held in all respects as if there were only one election, and only one form of ballot shall be used; and 4. Said Board of Supervisors is hereby requested to issue instructions to the County Clerk to take any and all steps necessary for holding of said consolidated 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 statewide general election; and 6. The City Council hereby determines if two or more persons running for the same City office receive an equal and highest number of votes resulting in a tie vote, the person elected to City office shall be resolved by lot; and 7. 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 regular meeting thereof held on the 14th day of May, 1990 on the following vote: AYES: Baker, Lemons, Odell, Wuriu, Sheetz NOES: None ABSENT: None ROSE MARIE ATTEST: ARDITH DAVIS, City Clerk ,.t RE S O LUT = ON NO _ 5 6— 9 O A RESOLUTION OF THE CITY COUNCIL OF MORRO BAY, CALIFORNIA, COMMENDING ALAN P. DAVIS FOR HIS SERVICES AS MORRO BAY HARBOR DIRECTOR 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 fulfilled a recognized need for enhanced management and administration of the Morro Bay Harbor operations and waterfront lease site management by creat- ing a Harbor Director position in the Fiscal Year 1985-86 City Budget; and WHEREAS, following a Statewide recruitment and local selec- tion process, Alan P. Davis started work on 23 September 1985 as Morro Bay's first Harbor Director; and WHEREAS, Alan Davis provided to the City a unique blend of desirable skills ranging from licensed real estate experience, financial acumen, water and boating background, and marina opera- tions experience; and WHEREAS, during his tenure as Harbor Director, Alan Davis assured the self-sustaining solvency of the Harbor Enterprise Fund, enhanced lease site and harbor fee revenues, established an overall lease management program, re -wrote and negotiated several Tidelands Grant Master City Lease agreements, actively worked with the United States Army Corps of Engineers in addressing Harbor dredging needs, mariner safety concerns, and a prospective Harbor Entrance Project, and liaisoned with the United States Coast Guard for a new multi -story Coast Guard Office with a watchtower to be constructed on City leased -land in the Summer of 1990; and WHEREAS, Alan Davis molded and developed an excellent Harbor Patrol and Department team renowned for their skill and expertise in boat handling, rescue operations, and their concern for the Morro Bay waterfront; and WHEREAS, Alan Davis personally placed his own life on the line responding to several boating rescues and swept -to -sea instances during inclement weather and ocean conditions, and labored hard protecting life and property from the waterside dur- ing the dangerous South T-Pier fire on 01 December 1988; and WHEREAS, effective 01 May 1990, Alan Davis tendered his resignation from City employment as Harbor Director to pursue personal and professional interests in real estate and mortgage financing. Resolution No. 56-90 Page Two NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Morro Bay, California, does hereby commend and thank Alan P. Davis for his professionalism and management of the Morro Bay Harbor and Waterfront as Morro Bay's first Harbor Director; and, wishes he and his wife, Melinda, much happiness and continued success in their personal pursuits. PASSED AND ADOPTED by the Morro Bay City Council at a regular meeting thereof held on the 14th day of May, 1990 on the following vote: AYES: Baker, Lemons, Odell, Wuriu, Sheetz NOES: None ABSENT: None ATTEST: ARDITH DAVIS, City Clerk RESOLUTION NO. 55-90 A RESOLUTION AUTHORIZING THE INSTALLATION OF STOP SIGNS IN THE AREA BOUNDED BY OLIVE, MAIN AND PACIFIC STREETS AND PINEY WAY THE CITY COUNCIL City of Morro Bay, California WHEREAS, Section 21351 of the California Vehicle Code provides for the placement of stop signs to warn or guide traffic; and WHEREAS, it has been deemed in the benefit of the public to cause the placement of stop signs in the area bounded by the above -referenced streets. NOW, THEREFORE, BE IT RESOLVED by the City Council of Morro Bay that stop signs be installed at the following locations: On Monterey Avenue at Marina, Anchor and Olive Streets; On Napa Avenue at Anchor and Olive Streets; On Shasta Avenue at Olive Street; On Cerrito Place at Olive Street; On Marina Street at Napa Avenue; On Driftwood Street at Monterey and Napa Avenues; On South Street at Monterey, Napa and Shasta Avenues; and On Vista Street at Shasta Avenue and Piney Way. BE IT FURTHER RESOLVED that the existing yield signs be removed and replaced with stop signs at the following location: On Marina Street at Shasta Avenue and Piney Way; On Driftwood Street at Shasta Avenue and Piney Way; On Anchor Street at Piney Way; On South Street at Piney Way; On Olive Street at Piney Way; and On Estero Avenue at Piney Way. BE IT FURTHER RESOLVED that the City Engineer be authorized and directed to cause the installation of signs and painted legends to u effect this Resolution. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held thereof on the 14th day of May, 1990, by the following vote: AYES: Baker, Lemons, Odell, Wuriu, Sheetz NOES: None ABSENT: None ABSTAIN: ATTEST: ARDITH DAVIS, City Clerk I 0 BAY N, PG[ i Fin MAINKIA ANCHOR f4 m OLIVE N 9 6% 1 Lo S= EXIST. 9TOP:TOREMAIN CiGJ of Morro&Y C XIS YIELD : CH"F To REGULATORY S16AIME in AREA SMPBOUNDED BY PACIFIC STREET, MAIN ®=STEco OPnunENvnrla.l FOR NEry STREET, OLIVE STREET and PINEY WAY 4.90 RES. 55-90 bu.w/tS RESOLUTION NO. 5Lt-90 ESTABLISHING SEVERELY -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 an adequate water supply For the present dry season; and WHEREAS, the condition of said aquifers may continue to decline to the point where the pumping capacity of 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 additional mandatory water conservation measures in order to ensure 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: 1. The City Council hereby declares the water supply condition of the City of Morro Bay at this time t❑ be "Severely Restricted". 2. The City Council hereby institues and imposes mandatory water conservation measures on all customers ❑F the City of Morro Bay water system as described in Morro Bay Municipal Code Section 13.0q.350.0 (Ordinance No. 3'i7), "Severely Restricted Water Supply Conditions". PASSED, APPROVED, AND ADOPTED on this 14th day of May, 1990, by the Following vote: AYES: Baker, Lemons, Odell, Wuriu, Sheetz NOES: None ABSENT: None ATTEST: / ARDITH DAVIS, City Clerk RESOLUTION NO. 53-90 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY AMENDING THE 89/90 MASTER FEE SCHEDULE TO INCLUDE A COMMERCIAL FILMING/PHOTOGRAPHY PERMIT FEE T H E C I T Y C O U N C I L MORRO BAY, CALIFORNIA WHEREAS, the City Council adopted Ordinance No. 370 on the 9th of April, 1990 requiring a permit for commercial motion picture, television or still photography productions on City property within the City of Morro Bay; and WHEREAS, Ordinance, No. 370 provides for a non-refundable filing fee for review and potential issuance of this permit; and WHEREAS, fees are set in the Master Fee Schedule by the City Council; 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 this fee, taking into account personnel costs, supply costs and other costs and finds that the proposed fee is not more than the actual cost of providing this service. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay that the Master Fee Schedule is amended to include a Filming/Photography Permit Fee of 157.00 plus any costs incurred by City effective May 9, 1990 and thereafter unless changed. PASSED AND ADOPTED by City Council of the City of Morro Bay at a regular meeting held thereof this 14th day of May, 1990 by the following roll call vote: AYES: Baker, Lemons, Odell, Wuriu, Sheetz NOES: None ABSENT: None ATTEST: 4 � 2z" �1_ / � 2 '�' - ARDITH DAVIS, City Clerk RE S OLUT = ON NO _ 5 2 — 9 O A RESOLUTION ADOPTING REVISED AMBULANCE FEES FOR SERVICE BY SAN LUIS AMBULANCE SERVICE INC. T H E C I T Y C O U N C I L City of Morro Bay, California WHEREAS, through Agreement with the County of San Luis Obispo dated 09 May 1977, San Luis Ambulance Service, Inc. provides pri- vately -owned pre -hospital emergency services in Morro Bay; and WHEREAS, San Luis Ambulance Service, Inc. recently submitted a proposal to the County of San Luis Obispo for a rate increase for ambulance services; and WHEREAS, the County Board of Supervisors on 10 April 1990 approved a 13% weighted -average increase in ambulance rates; and WHEREAS, San Luis Ambulance Service has incurred program increases in offering advanced life support services to the Morro Bay community. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Morro Bay does hereby adopt effective 15 May 1990 the following ambulance service rates for San Luis Ambulance Service, Inc.: Base Rate (Routine Transfer) $173.00 BLS Base Rate (Basic Life Support) 255.00 ALS Rate (Advanced Life Support) 421.00 Mileage (per patient mile) 9.24 Night Service 55.00 Oxygen 44.00 Stand-by 83.00 EKG (Non ALS) 69.00 PASSED AND ADOPTED by the Morro Bay City Council at a regular meeting thereof held on the 14th day of May, 1990 on the following vote: AYES: Baker, Lemons, Odell, Wuriu, Sheetz NOES: None ABSENT: None ATTEST: ARDITH DAVIS, City Clerk RESOLU'S'=ON MC)- 51-90 A RESOLUTION OF THE MORRO BAY CITY COUNCIL CANCELLING THE EMERGENCY MEDICAL SERVICES CONTRACT WITH THE COUNTY OF SAN LUIS OBISPO T H E C I T Y C O U N C I L City of Morro Bay, California WHEREAS, the City of Morro Bay adopted an agreement on 09 May 1977 with the County of San Luis Obispo transferring the City's Emergency Medical Services (EMS) authority for ambulance service to the County; and WHEREAS, the existing EMS Contract is automatically renewed for an additional one year period unless the County is notified of the City's intent to cancel two months in advance of the expiration of any one year period; and WHEREAS, the existing EMS contract does not provide for City input into County ambulance ordinance changes or changes to the Emergency Medical Response Manual (EMRM); and WHEREAS, since the 1977 contract was signed numerous changes have been made without City input; and WHEREAS, the changes to the EMS contract and Emergency Medical Response Manual (EMRM) have a direct affect on the ambulance service level to the citizens of Morro Bay and the City itself; and WHEREAS, the City Managers and City Fire Chiefs of San Luis Obispo County have reviewed all City/County EMS con- tracts regarding ambulance service levels and found the existing contracts to be lacking provisions for local input and require modification; and WHEREAS, it is important to maintain local control and have input into how ambulance services are delivered to a city and at what cost; and WHEREAS, population, service demands, and county -wide demographic changes have occurred since the contract was originally signed; and WHEREAS, it is essential to review and update emergency medical services with the involvement of municipal govern- ment on local control issues. • 11 Resolution No. 51-90 Page Two NOW, THEREFORE, BE IT RESOLVED that the City Council of Morro Bay, California does hereby notify the County of San Luis Obispo that the City of Morro Bay intends to cancel its current City/County EMS contract effective 09 May 1991, and directs City staff to evaluate the local emergency medical service levels and negotiate a new EMS contract as necessary. PASSED AND ADOPTED by the Morro Bay City Council at a regular meeting thereof held on the 14th day of May, 1990 on the following vote: AYES: Baker, Lemons, Odell, Wuriu, Sheetz NOES: None ABSENT: None ATTEST: ARDITH DAVIS, City Clerk RESOLUTION NO. 49-90 RESOLUTION RATIFYING A MEMORANDUM OF UNDERSTANDING FOR A REGIONAL SOLID WASTE MANAGEMENT PLANNING PROGRAM TO COMPLY WITH THE CALIFORNIA INTEGRATED SOLID WASTE MANAGEMENT ACT OF 1989 (AB 939) THE CITY COUNCIL City of Morro Bay, California WHEREAS, the California Integrated Solid Waste Management Act of 1989 (AB 939) became effective January 1, 1990 and requires each city and county to prepare and submit to the California Integrated Waste Management Board (CIWMB) for review and approval by July 1, 1991 a Source Reduction and Recycling Element (SRRE); and WHEREAS, each SRRE must include a program for the management of solid waste generated within each city and county encompassing at a minimum the components specified in Chapter 2, Article 1, Section 41003 of said Act, including waste diversion goals of 25% by January 1, 1995 and 50% by January 1, 2000; and WHEREAS, said Act requires each county to submit to the CIWMB for review and approval a County -wide Integrated Solid Waste Management Plan (COIWMP) within a specified time based on remaining landfill capacity; and WHEREAS, the County of San Luis Obispo's COIWMP must be submitted to the CIWMB by January 1, 1992; and WHEREAS, a County -wide Solid Waste Task Force has been convened to ensure a coordinated and cost-effective regional recycling system pursuant to said Act by accomplishing specified tasks; and WHEREAS, said Task Force unanimously voted on April 5, 1990 to recommend to the County of San Luis Obispo, each city within the County, and those special districts with refuse collection and disposal responsibilities to collectively pursue a regional approach to meet the solid waste management requirements of said Act; and WHEREAS,said Task Force also decided on April 5, 1990 to recommend to the aforesaid entities a Memorandum of Understanding to establish conceptual approval of organizational and funding recommendations to form the basis for a Joint Powers Agreement for a Regional Solid Waste Management Planning Program to comply with said Act; and Ilk WHEREAS, it is in the public interest for the City of Morro Bay to participate in a regional approach to meeting the requirements of said Act; and WHEREAS, time is of the essence. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay as follows: 1. The Memorandum of Understanding for a Regional Solid Waste Management Planning Program to comply with the California Integrated Solid Waste Management Act of 1989, attached hereto as "Exhibit All and incorporated herein by reference, is hereby approved. 2. The City Administrator and City Attorney are hereby authorized to negotiate minor changes in said Memorandum of Understanding with other entities as appropriate. 3. The Mayor is hereby authorized to sign the final draft of said Memorandum of Understanding. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof held on the 23rd day of April, 1990 by the following vote: AYES: Baker, Lemons, Wuriu, Sheetz NOES: None ABSENT: Odell ABSTAIN: None ATTEST: AR IT DAVI , City A�Clerk //RO9E MARIE SHEAIZ, 1/ v rr+1 - • • RESOLUTION NO. 48-90 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY ESTABLISHING A COST RECOVERY RATE OF 1.0 OF DIRECT COSTS FOR SCHOOL AGE CHILD CARE PROGRAMS AND AMENDING THE PART-TIME SALARY CLASSIFICATION PLAN FOR RECREATION AND PARRSIEMPLOYEES T H E C I T Y C O U N C I L CITY OF MORRO BAY, CALIFORNIA WHEREAS, the City has offered after -school childcare programs in various formats since 1980; and, WHEREAS, the City has changed various amounts for these childcare services ranging from free to a fee based on 50% of the direct costs of offering the service; and, WHEREAS, the City has been charging a fee based on 50% of the direct cost of offering the PARTNERS latch -key care service since 1986; and, WHEREAS, State licensing requirements for school -age childcare services require increased costs of operation in the form of higher hourly salaries for better qualified staff; and, WHEREAS, the City Council, and Recreation and Parks Commission has held public hearings to determine service level desired by residents and review potential costs for these services. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay that the cost recovery rate for school -age childcare programs offered by the Recreation and Parks Department during the academic year shall be 1.0 of the direct cost to provide these programs effective with the 1990-91 academic year. BE IT FURTHER RESOLVED by the City Council of the City of Morro Bay that the part-time salary classification plan for Recreation and parks employees shall be amended as attached in Exhibit "A". 11 RESOLUTION NO. 48-90 PAGE 2 PASSED AND ADOPTED on this 23rd day of April, 1990 by the following roll call vote: AYES: Lemons, Wuriu, Sheetz NOES: Baker ABSENT: Odell /RO§E MARIE SHEIAIZ MAYOR zr ATTEST: ARDITH DAVIS CITY CLERK t. -4 0 .08 Recreation & Parks CITY OF MORRO BAY Part -Time Employees EXHIBIT "A" 0462 Initial After After Classification Hire 1040 Hrs 2080 Hrs Recreation Aide $4.35 - - Recreation Leader I 4.56 $4.70 $4.91 Recreation Leader II 4.97 5.11 5.34 Staff Assistant 5.43 5.57 5.82 Lifeguard 6.23 6.37 6.62 Specialist 7.58 7.85 8.19 Officials and Scorekeepers: Hourly rate ranges from $4.47 to $12.50 dependent on market rate of pay, qualifications and type of sport, as determined by the Director. Contractual services program with monthly registration 11 split registration fees 70%-30% with^the Recreation a Parks Department. Payments will be made the first Fri of each month for the past month of service to the C' Payment vouchers are required to be signed by the co actor prior to release of the payment to the contractor. VACATION, SICK LEAVE, SUBSTITUTIONS / 0470 Full -Time Employees '10� 0471 A. Vacation: 1. For the firs ear of employment with the City of Morro Bay, n (10) vacation days are accrued. Upon completi of more than three (3) years of emplo t with the City, additional vacation days are trued every year. 2. ,01Fo vacation time may be accumulated for use in a /following calendar year except under extreme eme 1 yMUTT 0 RESOLUTION NO. 47-96 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, CALIFORNIA AUTHORIZING THE APPLICATION FOR LICENSING UNDER THE SCHOOL AGE CHILD CARE PROGRAM OF THE STATE DEPARTMENT OF SOCIAL SERVICES WHEREAS, as of 1987 the State Department of Social Services requires all School Age Child Care programs to be licensed; and, WHEREAS, the City of Morro Bay Recreation and Parks Department provides an after school child care program for children ages 6 to 12 years at elementary schools within the City limits called PARTNERS. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Morro Bay does hereby authorize the Recreation and Parks Department to apply for licensing under the School Age Child Care Program through the State Department of Social Services; BE IT FURTHER RESOLVED that the individual employed as Cultural Arts Coordinator is hereby authorized to act as the City's agent to apply for licensing for the PARTNERS site located at Del Mar School and to receive documents, reports of inspections, consultations, accusations, and civil and administrative process. PASSED AND ADOPTED by the City Council,of the City of Morro Bay at a regular meeting held on this 23rd day of April, 1990 by the following roll call vote: 11 AYES: Lemons, Wuriu, Sheetz NOES: Baker ABSENT: Odell ROSE MARIE MAYOR ATTEST: . 1 - � ARDITH DAVIS CITY CLERK RESOLUTION NO. 46-90 APPROVAL OF SUBLEASE FOR A PORTION OF LEASE SITE 77 TO MICHAEL MOSS & DOUG DOUGHTY, DBA CAPTAIN M&D DOGS AND AMENDMENT TO LEASE ADDING "NON -PERMANENT HOT DOG STAND" AS AN APPROVED USE 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. 75-77/75W- 77W; and WHEREAS, Morro Bay Marina Inc. is the lessee 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 lessee has entered into a sublease agreement for a portion of lease site 77 with Michael Moss and Doug Doughty, dba Captain M&D Dogs, a copy of which sublease agreement has been presented to the City of Morro Bay; and WHEREAS, the Planning Commission has approved Conditional Use Permit 57-89 to the applicants for a non -permanent hot dog stand; 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. 77 to Michael Moss and Doug Doughty; BE IT FURTHER RESOLVED that the Lease for Lease Sites No. 75-77/ 75W-77W be amended to add "non -permanent hot dog stand" as an approved use subject to review and approval by the City Attorney of all required documentation. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held thereof on the 23rd day of April, 1990, by the following vote: AYES: Baker, Lemons, Wuriu, Sheetz NOES: None RESOLUTION NO. 45-90 APPROVAL OF SUBLEASE FOR A PORTION OF LEASE SITES 80-81/80W-81W TO CATHERINE CORDERO AND SANDY WINSTION, DBA CORDERO/WINSTON & CO. 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. 80-81/80W- 81W; and WHEREAS, Van Beurden Investments is the lessee 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 lessee has entered into a sublease agreement for a portion of lease sites 80-81/80W-81W with Catherine Cordero and Sandy Winston, dba Cordero/Winston & Co. , a copy of which sublease agreement has been presented to the City of Morro Bay; and 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 80-81/80W-81W to Catherine Cordero and Sandy Winston, dba Cordero/Winston & Co.; BE IT FURTHER RESOLVED that this resolution shall constitute that prior written approval required by Section 3.04 of the lease for lease sites 129W-133W, also being subleased by Catherine Cordero and Sandy Winston, approving the operation of two similar businesses along the Embarcadero upon City lease sites; BE IT FURTHER RESOLVED that said sublease is sublect to review and approval by the City Attorney of all required documentation. PASSED AND ADOPTED by the City at a regular meeting held thereof on the following vote: AYES: Baker, Lemons, Wuriu, Sheetz NOES: None ABSENT: Odell Council of the City of Morro Bay the 23rd day of April, 1990, by ROSE MARIE YOR ELANE NOVAK, Deputy Citv Clerk RESOLUTION 44 -90 11 A RESOLUTION ACCEPTING THE OFFER OF DEDICATION OF A PORTION OF THE RIGHT-OF-WAY AT THE INTERSECTION ZANZIBAR AND PANORAMA AS DESCRIBED IN THE INSTRUMENT ❑F DEDICATION T H E C I T Y C 0 U N C I L City of Morro Bay, California WHEREAS, Coastal Development permit 93-BSA requires an offer of dedication be made to the public for right-of-way along the Frontage of John E. and Mary L. Gist's lot located at the north- westerly corner ❑f Zanzibar and Panorama before the issuance of a building permit for construction ❑n that lot; and WHEREAS, the required offer of dedication has been made by and acceptable separate instrument. NOW, THEREFORE, BE IT RESOLVED that the City Council For the City of Morro Bay, California does accept'on behalf of the public the offer of dedication of right-oF-way as described on the instrument of irrevocable and perpetual dedication. PASSED AND ADOPTED by the City Council of the City ❑f Morr❑ Bay at a regular meeting thereof held the 23rd day of April, 1990 by the Following roll call vote: AYES: Baker, Lemons, Wuriu, Sheetz NOES: None ABSENT: None ATTEST: ARDITH DAVIS, CITY CLERK • RESOLUTION NO. 43-90 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, ANNOUNCING FINDINGS AND AMENDING RESOLUTION NO. 60-89 TO PROVIDE FOR A MODIFICATION IN THE CONSTRUCTION SCHEDULE FOR COMPLETION OF THE BAYSHORE VILLAGE PROJECT T H E C I T Y C O U N C I L City of Morro Bay, California WHEREAS, The City Council of the City of Morro Bay on the 22nd day of May, 1989 and following a series of PUBLIC HEARINGS on the matter, granted conditional approval to Inland West Development of the re -issuance of water equivalencies for the Bayshore Village project, and WHEREAS, Resolution No. 60-89 specifies that construction of the remaining 48 residential units shall be undertaken in two phases of approximately equal numbers of units, with the first phase commencing construction in 1989, and the second in 1990; and WHEREAS, Inland West Development, the property owner of the Bayshore Village project, has requested an amendment of Resolution No. 60-89 to allow construction of the project to begin later than originally planned, with construction now proposed to begin in 1990 and with final occupancy of the second phase not to be approved before 1991; and WHEREAS, the City Council of the City of Morro Bay, California on the 9th day of April, 1990 held a duly noticed PUBLIC HEARING to consider the request of Inland West Development for the above amendment; and WHEREAS, at said PUBLIC HEARING, after considering the staff report and the arguments of all persons, if any, wishing to testify, the City Council did find the following facts and reasons to justify its action in this matter: 1. Inland West Development has closed escrow and taken ownership of the Bayshore Village property later than originally anticipated, which in turn has delayed initiation of construction beyond the 1989 date established in Resolution No. 60-89; 2. Such delays constitute no significant adverse effect on the City of Morro Bay, in that Resolution No,. 60-89 intended to phase the impact of occupancy of the completed project on the City's water supply over a two year period not to be completed until 1990; 6 City Council Resolution No. 43-90 Page Two 3. The requested modification to scheduling will result in occupancy approval being granted in 1990 and 1991, which retains the City's objective for a phased impact to the municipal water supply. 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 construction schedule contained in Resolution 60-89, by adoption of this Resolution to provide for issuance of building permits for the remaining 48 units, but that final occupancy approval shall be granted for approximately half of the units in 1990, and half after 31 March 1991; and 3. All other conditions of Resolution No. 60-89 remain in full force and effect. PASSED, APPROVED, AND ADOPTED, by the City Council of the City of Morro Bay, on the 9th day of April, 1990, by the following vote to wit: AYES: Baker, Lemons, Wuriu, Sheetz NOES: Odell ABSENT: None ATTEST AR ITH DAVIS, City Clerk RE S OLUT = ON NO . 4 2 — 9 O RESOLUTION COMMENDING LT (jg) MARK DIETRICH, U.S. COAST GUARD, FOR HIS SERVICE IN MORRO BAY AND UPON HIS REASSIGNMENT TO ALAMEDA T H E C I T Y C O U N C I L City of Morro Bay, California WHEREAS, LT(jg) Mark Dietrich was assigned to the U.S. Coast Guard Cutter Pt. Heyer in Morro Bay on April 13, 1988; and WHEREAS, LT(jg) Dietrich's previous experience included assignment on the U.S. Coast Guard Cutter Vigorous based in New London Connecticut; and WHEREAS, as Commanding Officer of the Pt. Heyer, LT(jg) Dietrich has been involved in many search and rescue operations in the Morro Bay area and has contributed to mariner safety; and WHEREAS, on April 20, 1990 LT(jg) Dietrich will be relieved of his command of the Pt. Heyer and will be assigned to Pacific Area Operations Center at Coast Guard Island, Alameda; and WHEREAS, LT(jg) Mark Dietrich has demonstrated the finest traditions of the United States Coast Guard during his tenure in Morro Bay. NOW, THEREFORE, BE IT RESOLVED by the Morro Bay City Council that LT(jg) Mark Dietrich is commended for his exemplary service in search and rescue operations, aids to navigation, marine safety, and law enforcement in Estero Bay, and congratulated on his new assignment in Alameda. PASSED AND ADOPTED by the Morro Bay City Council at a regular meeting thereof held on the 9th day of April, 1990 on the following vote: AYES: Baker, Lemons, Odell, Wuriu, Sheetz NOES: None ABSENT: None ATTEST: �/ , .a .. A ITT i DAVIS, City Clerk R E S OLUT = ON NO _ 4 1 — 9 O RESOLUTION APPOINTING DELEGATE AND ALTERNATE TO COUNTY SOLID WASTE TASK FORCE T H E C I T Y C O U N C I L City of Morro Bay, California WHEREAS, the County Solid Waste Management Plan adopted in 1986, recommended the establishment of a Solid Waste Commission to act as an advisory agency for solid waste related matters; and WHEREAS, on May 26, 1987, the County Board of Supervisors estab- lished a County Waste Management Commission to implement both the Solid Waste Management Plan and the Hazardous Waste Management Plan under Assembly Bill 2948 (Tanner); and WHEREAS, the County Waste Management Commission was split into two commissions on December 6, 1988, one to address hazardous waste matters and one to address solid waste matters; and WHEREAS, effective January 1, 1990, the portions of the State Health and Safety Code that required the Solid Waste Management Plan were repealed; and WHEREAS, as the County Solid Waste Management Plan no longer exists, the Solid Waste Management Commission may also be considered to no longer exist; and WHEREAS, on January 1, 1990, Assembly Bill 939 - "The California Integrated Waste Management Act of 1989" became effective and requires appointment of a local task force by March 1, 1990 to assist in coordinating the development of city and county source reduction and recycling elements and to prepare a countywide siting element; and WHEREAS, on January 4, 1990, the County Solid Waste Management Commission considered and approved a motion to recommend to the cities and county that the Commission be established as the Solid Waste Task Force. NOW, THEREFORE, BE IT RESOLVED that the Morro Bay City Council does hereby appoint Councilmember Lemons to serve as the member on the Solid Waste Task Force, and Mike Upton, Admin. Asst. to serve as the alternate on the Solid Waste Task Force. PASSED AND ADOPTED by the Morro Bay City Council at a regular meeting thereof held on the 9th day of April, 1990 on the following vote: AYES: Baker, Lemons, Odell, Wuriu, NOES: None ABSENT: None ATTEST: ��WAWA ,� /� ARDITH DAVIS, City Clerk RESOLUTION NO: 40-90 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY ESTABLISHING A COMMEMORATIVE TREE PROGRAM IN PARRS, PUBLIC PLACES AND RIGHTS -OF -WAY T H E C I T Y C O U N C I L City of Morro Bay, California WHEREAS, the planting of trees should be encouraged in order to improve air quality, aesthetics and the environment; and, WHEREAS, the City has been named a TREE CITY USA by the National Arbor Day Foundation for its planting and maintenance of public trees; and, WHEREAS, the City has allowed the planting of memorial trees in City parks and on City properties in past years under an informal set of policies; and, WHEREAS, it is desirous to encourage planting of trees on public property by private citizens who may not have a large enough yard for a tree, who want to commemorate a significant event in their lives or who want to improve the quality of life in Morro Bay. 11 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay that a commemorative tree planting program for City parks, public places and rights -of -way shall be established as follows: Donation of commemorative trees for all City parks, public places and rights -of -way shall be governed by the following policies: 1. Tree species shall be drought -tolerant and acceptable to the Department head responsible for maintaining the tree as governed by the master street tree list, park and open space master plan and/or approved landscaping plans for public property proximate to public buildings or used as parking lots. 2. Commemorative plaques shall be of cast bronze, no larger than 4" x 10" and contain the names of tree, date donated and a brief statement layed out as shown below: SCIENTIFIC NAME COMMON NAME STATEMENT DATE RESOLUTION NO.: 40-90 PAGE 2 3. The City shall not be responsible for replacement of trees or plaques damaged by'vandalism, acts of god or acts of nature. The City shall install and maintain the tree and plaque to the best of its ability within water and financial resources. 4. Trees, donated for right-of-way shall be planted in existing tree wells according to approved City standards; the cost of all improvement to be paid by the donor. 5. Only fifteen (15) gallon or larger trees shall be accepted by the City for the commemorative tree program PASSED AND ADOPTED by the City Council at a regular meeting thereof held this 9th day of April, 1990 by the following roll call vote; AYES: Baker, Lemons, Odell, Wuriu, Sheetz NOES: None ABSENT: None ROSE I SHE Tz NAYOR ATTEST: pr� ARDITH DAVIS CITY CLERK RESOLUTION NO. 39-90 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY ORDERING A MEASURE TO ADOPT A SPECIAL TAX FOR EMERGENCY MEDICAL SERVICES PLACED ON THE BALLOT OF THE NEXT ELECTION CALLED BY THE CITY COUNCIL OF THE CITY OF MORRO BAY T H E C I T Y C O U N C I L CITY OF MORRO BAY, CALIFORNIA NOW THEREFORE, BE IT RESOLVED, by the City Council of the City of Morro Bay as follows: 1. The City Council finds and declares as follows: A. Section 4 of Article XIII A of the California Constitution authorizes the imposition of a special tax if approved by a two— thirds vote of the qualified electors of the City; and B. The cost to the City to provide emergency medical services has escalated to such an extent that the general fund is being depleted at the expense of other necessary services; and C. It would be in the best interests of the citizens of the City of Morro Bay for the Morro Bay Fire Department to provide certain emergency medical services including but not limited to upgrading EMT—II's to Paramedic's, which services can only be paid for by the imposition of such a special tax on said citizens. 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. 2. Based on the above findings, and pursuant to the above cited Constitutional provisions, a measure to adopt a special tax for emergency medical services 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 9th day of April 1990 by the following roll call vote: AYES: Baker, Lemons, Wuriu, Sheetz NOES: Odell ABSENT: None ROSE MARIE SHE Z, Mayor ATTEST: ARDITH DAVIS, �tity Clerk 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 acquiring, furnishing, operating, maintaining, and replacing 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 ($26) 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 11 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 per unit of benefit tax may only be increased once in any twelve month period to reflect annual fluctuations in the Los Angeles -Long Beach Consumer Price Index - All Urban Consumers, and in that event the tax 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 m 100 (hereafter called Index). If 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. 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 thereof. Each year prior to the Council setting the rate for the next year, an annual expenditure report shall be made available to the public, setting forth the expenditures, appropriations and/or encumbrances of the tax monies collected pursuant to this measure in the previous year. 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 90/91 and all subsequent 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, subsections, sentence, phrase or clause of this ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portion of this ordinance. The people of Morro Bay hereby declare that they have adopted the ordinance and each section, subsection, sentence, phrase or clause therefore irrespective of the fact that any one or more sections, ''subsections, sentences, phrases or clauses be declared invalid. r RESOLUTION NO. 38-90 A RESOLUTION OF THE CITY COUNCIL, OF THE CITY OF MORRO BAY, AUTHORIZING RETENTION OF PEOPLE'S SELF HELP HOUSING CORPORATION TO PROVIDE CERTAIN ADMINISTRATIVE SERVICES TO THE CITY OF MORRO BAY IN FULLFILLMENT OF THE CITY'S 1989 CDBG HOUSING REHABILITATION PROGRAM AND DESIGNATING THE CITY ADMINISTRATOR TO EXECUTE THE GRANT FOR THE CITY T H E C I T Y C 0 U N C I L City of Morro Bay, California WHEREAS, the City has received the formal grant agreements from the State Department of. Housing and Community Development for a housing rehabilitation program under the 1989'CDBG allocation; WHEREAS, the City finds it necessary to subcontract for various administrative assistance with a qualified housing rehabilitation specialist; and WHEREAS, People's Self Help Housing is uniquely qualified to assist the City, and having performed similar services in the past has been approved by the State of California as a sole source contractor to the City of Morro Bay for the purposes of the 1989 grant. NOW, THEREFORE, BE IT RESOLVED, that the City Council of. the City of Morro Bay, California does hereby authorize the selection of. People's Self. Help Housing Corporation as the sole source contractor for services in administering the 1989 State Community Development Block Grant Program (#89-STBG-399) for the 'rehabilitation of low- income household, owner -occupied and rental housing in Morro Bay; and BE IT FURTHER RESOLVED, the City Council fo the City of MOrro Bay, California, does hereby authorize and direct the City Administrator to execute the agreement with People's Self Help Housing Corporation, and to act on the City's behalf in all matters pertaining to this agreement. PASSED, APPROVED, AND ADOPTED, by the City Council of the City of Morro Bay, on the 26th day of March, 1990, by the following vote to wit: AYES: Baker, Lemons, Odell, Wuriu, Sheetz NOES: None ABSENT: None ARDITH DAVIS, ity Clerk OTY COUNCIL RESOLUTION N0.•7-90 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, ANNOUNCING FINDINGS AND APPROVING A CONCEPT PLAN AND A COASTAL DEVELOPMENT PERMIT FOR THE FIRST PHASE OF A SHOPPING CENTER ("PACIFIC COAST SHOPPING PLAZA") TO BE LOCATED ON PROPERTY LOCATED EAST OF STATE HIGHWAY ONE, AT THE EASTERLY TERMINUS OF MORRO BAY BOULEVARD, IN THE C-1/VS-C/S.4/PD ZONE, SUBJECT TO CONDITIONS, AND CERTIFYING A FINAL ENVIRONMENTAL IMPACT REPORT FOR THE PROJECT CASE NO.$ CUP 03-88(C0NCEPT PLAN)/CDP 05-0®R WHEREAS, the Planning Commission of the City of Morro Bay, California, on the 18th day of December, 1989, the 2nd, 15th, and 29th day of January, 1990, and the 5th, 15th, and 20th day of February, held duly noticed PUBLIC HEARINGS to consider the request of Merrell Williams, Williams Bros. Markets, Inc., for a Conditional Use Permit (Concept Plan) and Coastal Development Permit to allow a shopping Center ("Pacific Coast Shopping Plaza") and related grading and facilities on approximately 17.3 acres of land generally located east of Highway One at the end of Morro Bay Boulevard; and WHEREAS, the Planning Commission, on February 20, 1990 concluded its deliberation on the application and recommended conditional approval of the project to the City Council, and certification of the Final EIR; and WHEREAS, the City Council of the City of Morro Bay, California, on the 22nd day of January, the 26th day of February, the 12th, 14th and 26th days of March, 1990, held duly noticed PUBLIC HEARINGS to consider the application; and WHEREAS, the site is zoned C-1/VS-C/S.4/PD which allows such uses subject to the review and approval of a Conditional Use Permit Concept Plan and Precise Plan pursuant to Chapter 17.36 of the Zoning Ordinance, and a Coastal Development Permit; 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 an initial study found that the project could result in significant impacts on the environment and, therefore, an Environmental Impact Report (EIR) was prepared for the proposal; and WHEREAS, at said PUBLIC HEARINGS, after considering the recommendations of the Planning Commission, staff reports, analysis, both written and oral, the final Environmental Impact Report, including comments provided by State agencies, and the testimony of all persons wishing to testify, the City Council made the following findings: 1. That the subject project as proposed could cause significant environmental impacts, as identified in the final EIR, related to traffic, visual resources as a result of grading and alterations of land forms for Phase 1, deterioration of City Council Resolution No. 37-90 Page Two the downtown and other existing commercial areas, and drainage; but, that these can be reduced to less than significant levels by mitigations which are incorporated Into the recommended conditions. 2. That the final EIR concludes that^ certain unavoidable significant adverse impacts will result from the project (speelfically, growth -inducing impacts on adjacent agricultural lands, impacts to existing land forms and scenic views from Highway One as a result of project grading for Phase II ) will remain significant even with identified mitigation, 3. Thai: ®aid 57#1131 ichA"t: t%dvor®o impacts are not feasibly mitigated as part of Phase I and may be unavoidable; and, that the overriding benefit of Phase I of a new commercial center desired by the community would not be feasible, if all significant cumulative impacts were fully mitigated with this project or avoided, because of the high cost and/or substantial reduction in the size of the project; and, that these circumstances allow for the approval of this project despite these possible future impacts. 4. That the final EIR concludes that certain cumulative impacts from the addition of a possible Phase II to this project, related to water demand, fire services and traffic, could be significant and will need to be addressed through additional environmental review and mitigations at the Phase II stage. 5. That the project will result in the filling of a significant portion of Willow Camp Creek which has existing and potential environmental value; but, that measures to relocate and enhance the stream corridor on the site, subject to various parameters, which are incorporated as a condition herein, are necessary and adequate to mitigate this impact. 6. That the project will alter a small valley and hilly terrain visible from Highway One in an area noted as scenic in the Local Coastal Program (LCP) and General Plan; and, that to help mitigate these visual impacts and to further protect the scenic quality of this area, an easement to protect other scenic portions of the subject parcel, within the City limits, is a reasonable condition. 7. That the project will likely have some detrimental impact on the downtown and other existing commercial districts; that this impact is primarily economic but secondarily physical and visual, as buildings may become vacant, existing vacant lots in the downtown may remain underutilized and as marginal businesses, which may have difficulty maintaining their buildings and grounds, replacing existing businesses which move; that the General Plan and LCP encourage the continued economic vitality of these existing areas, particularly downtown; and that, therefore, participation in Resolution the formation of a Business Improvement Area (BIA) for the downtown and participation in funding transit service between the center and other areas 'of the downtown are reasonable and necessary to find the project consistent with the LCP and General Plan. That the project will likely impact fire service capabilities in the City, based on the EIR and on the input from the Fire Chief, and that therefore a fee to be used for fire equipment is a reasonable and necessary mitigation; said fee shall be placed in an account for that purpose and shall be used for the purchase of fire equipment consistent with the Fire Master Plan. That the project will impact the City's circulation, water, sewer and storm drainage systems and that in order to mitigate said impacts certain facilities must be installed to serve the project and certain fees are required to assist in the design and construction of other needed facilities; said fees shall reflect the project's share of impacts on the respective municipal systems and shall be used for those purposes; and that said fees shall be used to design and/or install facilities in accordance i' with the final EIR recommendations and facility master plans, as applicable. That the public benefit of having a desired commercial center, with adequate parking and new facilities, justifies the granting of an exception to the height limit under the provisions of Chapter 17.36 of the Zoning Ordinance. That, subject to the conditions recommended herein, the project will not be detrimental to the health, safety, comfort and general welfare of persons residing or working In the vicinity of the project and that the project will not be injurious or detrimental to property and improvements in the vicinity nor to the general welfare of the City. That the project is consistent with the General Plan and LCP and that specifically, the filling of the creek, other grading and filling, and the visual impact on terrain, have been minimized to the extent necessary allow a feasible project of this nature on this site. That Measure "B", adopted by the voters and referenced hereby, called for the designation of this site for this kind of use and for the amendment of other policies which might preclude the commercial designation. That these findings are based on the City Council's consideration of the final EIR addendums attached hereto, recommendations of the Planning Commission, staff reports, application materials, comments by the public and the applicant, and oral presentations of staff members. City Council ResolAon No. 37-90 • Page Four 15. That the final EIR including Addendums 1 and 2 does conform with the California Environmental Quality Act and does adequately discuss potential environmental impacts and project alternatives, including alternative sites; that alternative projects, or sites, are not feasible for this type of facility which is desired by 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 City Council in this matter; and, 2. That the City Council does hereby certify the final EIR for the project, including Addendums 1 and 2; and 3. That the City Council does hereby approve Conditional Use Permit Concept Plan (Case No. CUP 03-88) and Coastal Development Permit (Case No. CDP 05-88R including Exhibits Al, A2 and A3), subject to the conditions attached hereto and made a part hereof and labeled Attachment A, and based on the above -listed findings. PASSED, APPROVED, AND ADOPTED, 1990, by the following vote to wit: AYES: Baker, Lemons, Wuriu NOES: Odell, Sheetz ABSENT: None ATTEST: City UlerK on the 26th day of March, CONDITIONS OF APPROVAL. Case No. CUP 03-88(Concept Plan)/CDP 05-88R STANDARD CONDITIONS 1. This Conditional Use Permit (Concept Plan) and Coastal Development Permit are granted for the land and project 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 attached exhibits, unless otherwise specified herein. 2. Unless the Precise Plan is submitted not later than one (1) year after the approval of the revised plans described in special conditions 2, 3, 4 and 7 the Concept Plan 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. The applicant, as a condition of approval, hereby agrees 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 this approval by the City of the applicant's project; or applicants failure to comply with conditions of approval. This condition and agreement shall be binding on all successors and assigns. 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. 7. 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. SPECIAL CONDITIONS 1. The entire project including all roads,!structur.es, and grading, .including cut slopes, shall be located within the portion of the parcel designated C-1/VS-C/S.4/P.D. No portion of the project, shall be permitted outside of the said area, with the following exceptions, and subject to first obtai.ni.n'g an Interpretation from the Planning Commission as to the appropriateness of such uses in the zone pursuant to Section 17.48.020 o'f the Municipal Code, or following an amendment of the zone pursuant to Section 17.64: A. The emergency access road. B. The borrow site haul out road. C. The work required for restoration of the existing quarry, as per Special Condition 0d6. D. The rounding and "feathering" of the top of graded slopes, as required in Special Condition #7b. E. Any grooming and/or grading that wit] enhance the visual quality of the visual resource easement described in Special Condition #5. REVISED SITE PLAN AND PHASING PROGRAM; PHASE I, SEQUENCING 2. Within nine (9) months of the approval of this Concept Plan, and prior to submission of the Precise Plan, applicant shall submit the following plans which shall be subject to review and approval by the City Council, after review and recommendations by the Planning Commission: a. A conceptual plan for the area denoted as "Phase II" (reference and exhibit) showing landscaping concepts, approximate locations of building sites and parking areas, and mounding and berming to reflect a more natural appearing terrain. Said plan shall not be required to show actual building footprints, but should give, a general indication of future buildings and open spaces for the area between the Phase I development and Highway One. Said plan shall also include standards for building heights and signage, and architectural guidelines, to ensure that future development is visually compatible with, and acts as a visual buffer .in front of. the Phase I development. This conceptual plan shall be incorporated into deed restrictions applied to the portion of the property labeled "Phase II" shall run with the land. Said deed restrictions shall be submitted as part of the Precise Plan. b. A redesign of the on -site road system to accommodate required cul-de-sacs and to avoid "stub -outs" at the project area boundaries. Pa CUP 03-88/CDP 05-80 • Conditions Of. Approval 3/26/90 C. A relocation and enhancement plan of Willow Camp Creek on the project si.te, to the fullest extent practical, incorporating an above ground water course along a corridor located between the Morro Bay Boulevard extension and the Phase I parking lot, and under Ocean View Drive, throughout the Phase II area, in to the culvert under Highway One. Minor culvert to allow access into the parking lot from Morro Bay Boulevard may be permitted. The enhancement plan shall include a corridor for the watercourse which is not narrower than 15 feet in any location and which is at least 30 feet wide on average for the portion of the corridor north and east of Ocean View Drive '(adjacent to the parking lot) and at least 30 feet wide for the portion west and south of Ocean View Drive (between Ocean View Drive and the Highway). Minor variations from these minimum widths my be permitted and may incorporate minor adjustments in the location of the extension of Morro Bay Blvd. The corridor shall include the stream bed itself, engineered to carry expected flows; and buffers along the bank top, a minimum of five -feet wide as measured from top of bank. The corridor shall be planted with nati.ve, riparian vegetation, such as willows, sycamores, and other wetland plants. Plan materials shall be irrigated unti.l established. On site drainage shall be di.rected to the corridor, through grease and sediment traps or other such collectors. The stream bed shall not be lined, except that wier.s or other features to provide in -stream ponding may be provided, and are encouraged. The stream bed and entire corridor shall be designed to replicate as much as possible a natural intermittent stream. The enhancement plan shall also be submitted to the Department of. Fish and Game for their review and comments prior to action by the City Council. 3. Within nine (9) months of the approval of the Concept Plan and prior to submission of the Precise Plan, applicant shall submit a schedule showing the sequence and approxi.mate time frames for the development of individual buildings and other site features in Phase I. The initial phase of construction shall include the three free-standing buildings (Buildings "H", "I", and "J" as shown on Exhibit "C" in order to help soften the visual effect of project as viewed from Highway One. This schedule shall be subject to the approval of the City Council after review and recommendations by the Planning Commission. a. The Precise Plan may be submitted concurrently with, or at any time after, the items required by conditions 1 and 2 above, and condIti.ons 3 and 6 below. 3 CUP 03-88/CDP 05-819 • Conditions Of Approval 3/26/90 VISUAL QUALITY AND URBAN DESIGN 4. Within nine (9) months of the approval of the Concept Plan and prior to submission of the Precise Plan, applicant shall submit a proposed architectural program, subject to the approval of the City Council, following review and recommendations by the Planning Commission. Said program shall indicate the general building styles and site layout. Said program should address the following concerns, which shall be considered by the Council when reviewing the program: a. Attempt to achieve a strong sense of entry, arrival and focus by arranging buildings and spaces to guide sight lines, orient visitors to the site and achieve a sense of project identity. h. Break up the long, linear building facade by setting back some store fronts relative to others. C. Indi.cate in general terms, the colors, materials, building heights, signage and lighting to be used in the design. 5. Prior to issuance of the building permit, the applicant shall dedicate an easement on a portion of the remainder of the parcel, outside the commercially zoned area and within the City limits, for the protection of visual resources. Said easement shall run with the land and shall be granted in favor of the public. Said easement shall prohibit significant structures or grading or roads on the following areas: a. slopes of. 30% grade or steeper b. within 50 feet of the top of hills visible from Highway One and the project site. Said easement shall be subject to approval by the Community Development Director and City Attorney. 6. As part of. the Precise Plan, the applicant shall submit a restoration plan for the existing quarry; said plan is intended to improve the visual quality of this'area by restoring to the extent practical the quarry area to more closely resemble the nearby unaltered landf.orms. GRADING 7. Within nine (9) months of the approval of this Concept Plan and prior to submission of the Precise Plan, applicant shall submit for Planning Commission review and recommendation and City Council approval a revised preliminary grading plan which minimizes the need for cutting and filling Phase I. Said plan shall incorporate the following features: 4 CUP 03-88/CDP 05-80 • Conditions Of Approval 3/26/90 a. Fill slopes between the project site and Highway One shall incorporate a combination of slope gradients between 2:1 and 4:1 or less, and shall incorporate mounding, berming, rounding and "feathering", to resemble a more natural terrain, consistent: with the concept si.te plan submitted pursuant to Condition 1 above. b. The top and toe of all graded slopes, including any borrow areas, shall be rounded and "feathered" into the existing terrain to resemble as much as possible the existing land forms. C. Grading near the termination of. Morro Bay Boulevard should be revised to reduce cutting, consistent with the plan submitted pursuant to Condition 1. b, above. d. Other than in conjunction with building permit related construction, the clearing of land shall be prohibited during the winter rainy season defined as the period between November .1 and March 30 of each year. e. The applicant shall install sediment basins on the project site in conjunction with the initial grading operations. E. Sediment basins shall be in place prior to the commencement of the winter rainy season and shall be maintained until construction activity has ceased on the site. All sediment shall be retained on -site unless removed to an appropriate dumping location approved by the City consistent with relevant; policies of. the Coastal Act and the Morro Bay Local Coastal Plan. g. All cut and f.i.11 slopes shall be stabilized immediately with temporary vegetation, seeding, mulching or other method approval by the Chief Building Official. h. Soils which are susceptible to !erosion and which are disturbed during grading and development shall be stabilized with temporary vegetation, seeding,�mulching or other method approved by the Chief Building Official. i. Permanent drainage facilities shall be required to conduct surface water to storm drains or suitable water course to prevent erosion. Drainage devices shall be designed to accommodate increased runoff resulting from modified soil to surface conditions as a result of development. Said drainage devices shall be approved by the Public Works Director. 5 CUP 03-86/CDP 05-8* 0 Conditions Of. Approval 3/26/90 8. A geotechnical report, subject to the approval of the City Engineer, shall be submitted to establish criteria for slope stability, foundations for buildings and other improvements, appropriate fill compaction and engineering, and seismic safety requirements for all improvements. All recommendations of said report shall be followed i.n the design and construction of the project. All areas prone to slope failure during construction or grading shall be stabilized in a manner recommended in the geotechnical report. 9. Applicant shall perform additional testing in any borrow area to conf.i.rm its suitability as a source for rill, both in terms of material type and quantity. Results of said testing shall be submitted to the City as part of the Precise Plan application. Additionally, excavated top soil shall be stockpiled and reused in areas disturbed by grading to provide an adequate substrate for revegetation. After the completion of site grading, all exposed slopes will be gi.ven a grassland cover to blend with the adjacent hi.ilsides. A bond or other security approved by the City shall be required to ensure that revegetation is established and maintained for a period of up to 5 years or to such time as the vegetation is established and self-sustai.ning. GENERAL PUBLIC WORKS REQUIREMENTS 10. As set forth herein and below, the applicant shall obtain and dedicate all rights -of -way and shall construct all infrastructure improvements necessary to serve the proposed project at no cost to the City of Morro Bay, except as otherwise specifically provided by other conditions of approval herein. Such improvements shall be designed to provide future capacity or to allow extension or expansion to serve late phases of the project. 11. All off -site improvements shall be designed and constructed in accordance with the provisions of all current City codes, policies, master plans, and standards. Engineering plans and cost estimates for all public improvements shall be submitted to the City Engineer for review and must be approved by the City Engineer prior to construction. 12. Applicant shall obtain an Encroachment Permit from the Department of Public Works prior to construction of any improvements in the ex.i.sting or proposed public right-of-way. Pri.or to the approval of this permit, the applicant shall submit to the City a financial security i.n a form acceptable to the City in the amount of. 150% of the estimated cost of all proposed public improvements to assure their completion. The Public Works Encroachment Permit shall be obtained prior to the issuance of a building permit for any development on the project site. T CUP 03-88/CDP 05-80 • Conditions Of. Approval 3•/26/90 13. All public improvements for this project shall be completed and accepted by the City of. Morro Bay prior to occupancy of the first on -site development (i.e. the first phase of. Phase I). No permits for development of subsequent phases of Phase I will be issued unti.l all required public improvements have been completed. TRAFFIC CIRCULATION/STREET IMPROVEMENTS 14. All modifications and extensions of the City's traffic circulation system shall provide adequate provisions for vehicles, bicycles and pedestrians as recommended by the City's codes, plans, policies and standards and as may be required by the City Engineer. The engineering aspects of all street improvements, including intersection modifications, shall conform to the City Standard Drawings_ and Specifications regarding widths, lanes, sight distances, thicknesses, slopes, drainage, sidewalks, drive approaches, handicap ramps, street trees, bicycle lanes, street lighting, and all such other features deemed appropriate by the City Engi.neer., 1.5. Dead-end streets shall not exceed 450 feet in length as required by Morro Bay Municipal Code (MBMC) Section 1.6.12.050.D.8. All dead-end streets shall have 100' diameter cul-de-sacs in accordance with City Standard Drawings and Specifications and subject to the approval of—tlie City Engineer. 16. Applicant shall construct 10 foot wide concrete sidewalks with associated tree wells and street trees across the entire Phase I project frontage in conjunction with the construction of the street improvements. (Similar 10-foot sidewalks shall be constructed adjacent to the Phase lI frontages when they are developed.) Applicant shall construct 10 foot wide concrete sidewalks with associated tree wells and street trees on both sides of all public streets leading to and from the project site. The applicant shall construct the Morro Bay Blvd bridge over Highway One and including sidewalks connecting to sidewalks and crosswalks at the intersection of Morro flay Blvd and Quintana Road, in accordance with CalTrans standards. Applicant shall provide adequate lighting for all sidewalks and crosswalks. Handicap ramps shall be provided at all curb returns and crosswalks. Sidewalk landscaping, benches, and furniture shalk. be provided in accordance with the recommendations of the Circulation Element of the General Plan. 17. Applicant shall construct improved Class II bicycle lanes on all public streets on the project site and leading to the proposed project from the Quintana/Morro Bay Boulevard intersection and including the Morro Bay Blvd. bridge over Highway One and the CUP 03-88/CDP 05-80 • Conditions Of Approval 3/26/90 Morro Bay Blvd/Quintana Road intersection. Bicycle lanes shall be of adequate width and adequately lighted in accordance with the recommendations of the Circulation Element. 18. Construction of the two new intersections of Morro Bay Blvd/Highway One northbound ramps and Morro Bay Blvd/"Ocean View Drive" shall include traffic signals and appropriate channelization as approved by CalTrans and the City Engineer. Installation of these signals may be postponed until traffic warrants for signals are met and at such time that the City Engineer so requires their construction. If signal construction is postponed, bonds to cover the full cost, including plans and drawings, construction, administration and contingencies at the time of construction shall be required, subject to the approval of the City Engineer and the City Attorney. 19. The applicant shall complete the following circulation system improvements at no cost to the City or any other party, and as specified below. Design of said improvements shall be subject to the approval of. Caltrans and the City Engineer. a. Bridge over Highway One; shall be constructed in accordance with Fe requirements of Cal trans, and shall be completed at the same time as the street improvements for the project and the improvement of the Morro Bay Blvd./Quintana Road intersection. b. Morro Bad _tBlvd/Quintana Rd/Highway One southbound ramps: R—edes3`gn inersection an construct traffic sig" naffs and channelization improvements as shown in conceptual plans prepared by the applicant for review by the City Engineer and Caltrans. Includes undergrounding overhead utilities. C. South Bay Blvd/H hway One northbound ramps; Submit engineering analysis o-f warrants'�or three-way stop signs, and if warranted, install signs and associated paving legends. 20. The applicant shall complete the following circulation system improvements and shall be entitled to partial reimbursement of the costs. Overall project approval is contingent on formulation of a cost reimbursement plan acceptable to the City and the applicant and consistent with applicable provisions of state law. Agreement to said reimbursement plan by the City and applicant, shall be reached within nine (9) months of approval of this concept plan. The improvements shall include construction of associated concrete curb, gutter, sidewalks, handicap ramps, crosswalks, bicycle lanes and drainage improvements where such do not now exist, and shall include unde'rgrounding of. existing 0 CUP 03-88/CDP 05-80 • Conditions Of Approval 3/26/90 overhead utilities. In addition to City approvals, all required reviews, approvals and permits from Caltrans shall be obtained by the applicant when and where appropriate. a. Main Street/Highway 41 Hi hway One northbound ramps: Construct separate northBound ana —so ut�iboun thr— ongh and left -turn lanes on Main Street. 21. The applicant shall pay a fee corresponding to the project's proportionate share of the cost of all i.mprovements required by the Final EIR for the following intersections. Estimates of the total costs and the project's proportionate share for the .improvements shall be based on an engineering report paid for by the applicant and subject to the approval. of the City Engineer. The improvements shall include construction of associated concrete curb, gutter, sidewalks, handicap ramps, crosswalks, bicycle lanes and drainage improvements where such do not now exist, and shall include undergrounding of existing overhead utiliti.es. In addition to City approvals, all required reviews, approvals and permits from Caltrans shall be obtained by the applicant when and where appropriate. a. Main SVQuintana Rd: Si.gnalize intersection. Construct nnrthboiind sight=turn lane on Main Street. Includes undergrounding overhead utilities. b. Mai_n St/Radcliffe: Acquire right-of-way and construct new 3ntersecti.oni.n accordance with plan line approved by City Council. Signalize new intersection and construct associated appropri.ate channelization. Includes undergrounding overhead utiliti.es. C. Mai.n St/Hi.,ghway _41_/Hi.ghway_ One northbound ramps: Signalize 3.iiturserton"an%iinderground—ov� erliea�l-u�-lities. d. South Bay _ Bl_vd/Quintana Rd: Signalize intersection. ndergr Uound iitiliiJ.es. 22. Applicant shall construct and install at no expense to the City the existing City entry way sign or a replica of the existing sign in the Quintana/Morro Bay Blvd vicinity; desi.gn and location of said sign shall be subject to the approval of the Community Development Director. 23. Applicant shall construct an all-weather emergency services road connecting the project site to the City street system north of the project site at no cost to the City. The road shall be at least 24 feet wide with adequate drainage facilities. City - standard drive approaches and locked gates shall be constructed Z CUP 03-88/CDP 05-8 0 • Conditions Of. Approval 3/26/90 at both ends of the road and keys provided to the Fire and Police Departments. Ownership and maintenance responsibility for this road shall remain with the applicant. Prior to Precise Plan approval the alignment of the road shall be relocated closer to Highway One to minimize visibility and cutting and filling and shall be located outside the scenic easement to be established in the area. The City shall not accept any attempt to dedicate the road for public use unless the road and its connections to the City system are widened and improved to conform to the City Standard Drawings and Specifications (44' wide, concrete curb, gutter and sidewalks, engineered pavement section, drainage facilities, etc.) at no cost to the City. 24. Adequate turning radii for 18-wheeled vehicles shall be provided in delivery areas and at intersections within the project site, as required by the Police Chief., Fire Chief. and City Engineer. Alternative turn around designs may also be approved by the City. PUBLIC TRANSIT 25. Applicant shall provide a loading/un-loading area in the shopping center for the City's Dial -a -Ride (DAR) system as recommended in the Circulation Element (Program C-1.5.4 p. 69 and Program C-32 p. 112). The loading area shall have 'sheltered benches (not necessarily resembling that shown in Fig 35 p. 110 of. the Element) for waiting passengers and a pay telephone to permit passengers to call DAR to schedule rides. In addition, a transit stop shall be provided including a loading area, handicap access, a shelter., and shall be connected by a sidewalk or pathway to the center. Location and design of these improvements shall be subject to the approval of the Community Development Director and City Engineer. RECYCLING CENTER 26. The recycling center required by state law (AB 2020) shall be placed at a convenient location within the project to permit easy access by the public. It shall also be conveniently close to the DAR loading area to allow DAR passengers the opportunity to use it with ease or the applicant shall provide an assistance program for handicapped and elderly patrons who wish to utilize the center.. Location and design of the center and any assistance program proposed by the applicant shall be subject to the approval of the Community Development Director. The recycling center shall be identified with conspicuous signage, designed to be complementary to the overall signage/architectural program. 1.0 CUP 03-88/CDP 05-8 0 • Conditions Of Approval 3/26/90 STORM DRAIN SYSTEM 27. Applicant shall submit a detailed grading and drainage plan together with engineering calculations demonstrating the proposed on —site drainage facilities are capable of disposing of runoff from a 25—year storm. Said plan and calculations shall be subject to the review and approval of the City Engineer. 28. Applicant shall construct municipal storm drain improvements in the Morro Bay Blvd extension and Ocean View Drive in accordance with provisions and requirements of the City Storm Drain Master Plan and the Standard Drawings and Specifications. Applicant shall submit engineering drawings and calculations to demonstrate the proposed facilities will handle the runoff from a 25 storm when the entire site has been built out ("cumulative impact" scenario). Applicant shall dedicate minimum 15—foot wide easements for municipal drainage facilities located outside the public right—of—way. 29. Applicant shall prepare engineering studies and construct Improvements to the existing drainage system at no cost to the City or any other entity as follows: a. Caltrans Culvert beneath Highway One and west of Morro Bay Blvd. Applicant shall submit engineering calculations to demonstrate this culvert has sufficient capacity to handle project runoff from a 25—year storm under the ultimate development scenario. Applicant shall remove accumulated sediment from the existing culvert. The applicant shall construct a sediment trap or basin'upstream of this culvert to discourage the future accumulation of sediment. b. Downstream of Caltrans culvert. Applicant shall prepare and submit an engineering drainage plan identifying potential flow capacity restrictions and proposing improvements to mitigate these restrictions. This plan shall include as one consideration the construction of pipes and junction box connecting the existing City storm drain and Caltrans culvert and depositing the water further downstream. Another consideration shall be removal of vegetation and sediment from the channel and provisions to discourage the return of: both. Upon approval by the City Engineer and obtaining any necessary Coastal Development Permit from the City and required permits from the State Department of Fish and Game, and subject to performing any required wetlands habitat mitigation, applicant shall construct the directed improvements as recommended in the plan and/or as required by the City Engineer at no cost to the City. 11 CUP 03-88/CDP 05-8 0 • Conditions Of. Approval 3/26/90 30. Existing box culvert. The applicant shall pay a fee corresponding to the project's proportional share of removal of the existing single box culvert in Willow Camp Creek by Main Street and replacing it with a double box culvert as described in the Storm Drain Master Plan. 31. After completion of site grading, the haul road shall be graded and culverted as necessary to control drainage as directed and approved by the City Engineer. 32. Applicant shall implement an erosion control program as described in the EIR (p. 1-7): the tops and toes of graded slopes in the excavated borrow area and throughout the site shall be rounded and feathered into the existing terrain; all exposed slopes shall be revegetated with a grassland cover; the applicant shall post a bond or other security acceptable to the City, to ensure revegetati.on is established and maintained. WATER DISTRIBUTION SYSTEM 33. Applicant shall design and construct an extension of the municipal water system necessary to serve the proposed project at no cost to the City. The new facilities shall be designed and constructed in accordance with the Ci.ty's Water System Master Plan in effect at the time building permits are issued. These facilities shall include all water mains, fire hydrants, booster pumps, valves and appurtenances required to provide the required customer service and fire flows. Waiver mains shall be looped and shall be sized per said Master Plan requirements, but shall be no smaller than 8" diameter. Applicant shall dedicate minimum 15— foot wide easements for water lines and appurtenances located outside the public right—of—way. Applicant shall submit estimates of f.i.re flow demand for the proposed project to support the design criteria for the system. 34. Applicant shall pay a fee equal to 50% of all costs for the design and construction of all improvements required to upgrade the existing water system to provide adequate fire flow to the project consistent with the requirements of the City's Water System Master Plan in effect at the time building permits are issued. SEWER COLLECTION SYSTEM 35. Applicant shall design and construct an extension of the municipal wastewater collection system to serve the proposed project at no cost the City. The new facilities shall be designed and constructed in accordance with the City's Sewer System Master Plan and as directed and approved by the City 12 CUP 03-88/CDP 05-8� • Conditions Of Approval 3/26/90 Engineer. These facilities shall include all water mains, lift station pumps, manholes, and appurtenances required to provide the required service. Sewer mains shallibe sized per Master Plan requirements, but shall be no smaller than 8" diameter. The system shall be sized to provide for future extensions inclusive of Phase II and "cumulative development" demands. Applicant shall dedicate minimum 15-foot wide easements for sewer mains and appurtenances located outside the public right-of-way. 36. Applicant shall pay a fee or make improvements to the existing collection system as described in the Sewer System Master Plan to allow the system to provide capacity for the proposed project. These fees or improvements shall include: a. Upgrade the size of the lines in Bolton Avenue and Radcliffe from the project site to Main Street from 6" to 10" diameter.. b. Pay a fee equal to 50% of the cost to upgrade the capacity of the line in Main Street from Radcliffe to Atascadero Road by constructing new parallel 8" to 10" lines. C. Pay a fee equal to .1% of the cost to upgrade the size of the existing interceptor line in Atascadero Road from Main Street to the treatment plant from 18" to 30" diameter. d. Install an appropriately sized sleeve for future connection to the existing line in the intersection of Morro Bay Boulevard and Quintana Road when the bridge over Highway One is constructed. e. The applicant may propose, at his own expense, an on -site sewer treatment plant to substitute for some of the foregoing conditions. EMPLOYMENT, POPULATION AND HOUSING 37. Applicant shall develop an employee recruitment plan for distribution to all tenants which will encourage the recruitment of residents already living in the Morro Bay -Los Osos and Cayucos areas. 38. Buildings constructed on the site shall be equipped with sprinkler systems subject to the approval of the Fire Chief. Fire hydrants shall be placed every 300 feet around the perimeter of the shopping center. Location and design of hydrants shall be subject to approval of the City Engineer and the Fire Chief. Furthermore, the applicant shall meet the following, subject to the approval of. the Fire Chief: 13 CUP 03-88/CDP 05-8A • Conditions Of. Approval 3/26/90 a. Maintain a 20-foot minimum widish fire lane around the buildings with appropriate signage and red curbing, as needed. b. Dumpsters shall not be stored inside buildings. C. Provide smoke evacuation systems for buildings over .10,000 square feet in area, as approved by the Fire Chief. d. Provide funds to mitigate impact to the Fire Department by paying $0.10 per square foot for all buildings in Phase I. e. Prohibit propane operated buffers, floor scrubbers etc. through the deed restrictions. f. Submit proposed street names to the Community Development Department to be reviewed and approved by the Fire Department with final approval by the Planning Commission. g. Prohibit wood shakes or shingles unless permanently fire resistant in accordance with MBMC Section .14.60. h. At time of construction of building "K" as shown on Exhibit "C", a walk -way to said building, with a minimum of 14-foot clearance shall be provided and a standpipe system shall be Installed, as approved by the Fire Chief. i. Provide a minimum size of 80 inches as measured diagonally for all elevators in the project. j. Provide a minimum turning radius of. 20 feet at all intersections. k. Provide a helicopter landing pad by appropriately marking one of the street cul-de-sacs within the parcel. The location and design to be subject to approval by the Fire Chief. ENERGY USE. AND CONSERVATION 39. Applicant shall design and construct the project to incorporate the architectural, electrical and passive solar mitigation measures to conserve energy consumption as detailed in the EIR and as approved by the Community Development Director. ARCHAEOLOGY 40. If archaeological or historic resources are discovered during site grading and construction, all land disturbing activities within 100 meters of the find shall be halted. Applicant shall retain a qualified archaeologist, approved by the Community 14 CUP 03-88/CDP 05-8* • Conditions Of. Approval 3/26/90 Development Director, who shall examine the find and provide recommendations for the protection, preservation, and/or retrieval (in whole or in part) of the materials. All recommendations by the archaeologist shall be implemented by the applicant. MITIGATION OF IMPACTS TO DOWNTOWN AND OTHER COMMERCIAL AREAS 4.1. In lieu of size restrictions on the project recommended in the Final ETR to mitigate economic impacts on the downtown and other commercial areas in the City, the applicant shall; a. Prior to issuance of building permits, pay a fee of $15,000 to the City to be used to establish a Business Improvement District (BTA). The City will make,appropriate arrangements with business groups in the community to initiate formation of a BIA, will administer use and allocation of the $15,000 fee, but may not take the lead role in this project. b. Participate on a pro-rata basis with the City and/or other commercial interests in the establishment of tram, trolley, or other transit link between the project site, the downtown, Embarcadero and other commercial areas. VEGETATION AND WILDLIFE 42. Wherever possible, landscaping shall use common local native plant species with value as wildlife habitat and located to include clusters of plants adjacent to undeveloped areas so as to increase the potential for wildlife use. 43. A Streambed Alteration Agreement form the California Department of Fish and Game, or a letter indicating such agreement is not necessary, shall be obtained prior to the commencement of any construction activities. 44. As part of the Precise Plan, and if required by the Department of Fish and Game or the California Coastal Commission as a mitigation measure or permit condition, applicant shall submit a stream protection and enhancement program encompassing all seasonal water courses on the parcel, within the City limits (including those outside the area zoned for commercial uses). Said program shall include measures for revegetation with riparian species and protection from grazing impacts. The program shall be subject to the approval of. the Community Development Director and the Department of Fish and Game. The program shall be implemented in conjunction with Phase I development. 15 CUP 03-88/CDP 05-880 • Conditions Of Approval 3/26/90 45. Applicant shall design and install sediment traps to collect runoff so that sediment and pollutants will be able to settle out before draining downstream and off. —site. Design of said traps shall be subject to the approval of the City Engineer. 46. Creek crossings shall be designed to, avoid existing willow thickets. Any construction of an alternative access road across creeks shall be conducted during the dry season. Creek banks shall be stabilized with vegetation and/or other means such as erosion control mats as soon as possible after construction is completed in each area. 47. Any access road shall avoid serpentine areas to prevent impacts on special status plants. AIR QUALITY 48. Prior to issuance of any building or grading permits, the Applicant shall submit a detailed air quality control plan to minimize the temporary impacts on air quality resulting from project grading and construction. This plan shall be reviewed and approved by the Community Development Director upon consultation with the Air Pollution Control District. At a minimum, the plan shall include methods to: Control dust during grading Daily cleanup of dust and mud carried onto public streets by construction vehicles Use of construction equipment with relatively lower levels of emissions, and operation standards to avoid prolonged idling when not in use Obtain compliance with various performance standards recommended by the Air Quality Control District 49. The Precise Plan shall include provisions for employee showers and lockers to encourage use of. bicycles. Weather proof, lockable bike boxes shall also be provided at a location and number to be approved by the Community Development Director. 50. As part of the Precise Plan, applicant shall submit a trip reduction plan designed to achieve a 1.5 average vehicle ridership for employee commute trips. Said plan must describe the proposed incentives to be used to encourage employee use of alternative transportation modes, and disincentives to discourage single occupant vehicle use. The plan may include such measures as bus passes subsidized by the center, orientation materials for all new employees regarding non —auto options and car pooling, cash incentives for car pooling, etc. All tenants shall be 16 CUP 03-88/CDP 05-8 0 • Conditions Of Approval 3/26/90 required to adhere to the plan through formation and participation in a transportation management association and/or through the deed restrictions and/or lease provisions. Said plan shall be subject to the approval of the Community Development Director following consultation with the Air Pollution Control District and shall include a means to ensure periodic monitoring and enforcement. NOISE 51. Construction equipment containing internal combustion engines shall be adequately maintained and equipped with mufflers to minimize grading and construction noise. Construction operations shall meet the provisions of the MBMC regarding noise control, including but not limited to the limitations on the hours when construction may take place. PRECISE PLAN REQUIREMENTS 52. In addition to all other requirements of Chapter 17.36.070 of the MBMC, the required Precise Plan submittal shall include the following, all of which shall be subject to approval by the Planning Commission, or the City Council on appeal: a. Deed restrictions for the maintenance of the common areas and facilities. b. A detailed parking plan showing precise calculations based on expected types of uses, area of each use and City standards; any variation or exemption from City standards requested under the PD district shall be described. C. a detailed landscaping plan which shows the type, size, location of all plant materials, all "hardscape" features, planing technique, maintenance plan and irrigation methods. The plan shall include extensive planting between Highway One and the project, expanded plantings around the perimeter of the project and parking lot, and increased parking lot planting to meet the City standards or an equivalent. Use of drought tolerant and low-water use species should be emphasized in the plan. d. Detailed architectural elevations, building heights, colors, materials, signage and lighting. All lighting shall be designed to minimize glare and to avoid light pollution. 11Vl CUP 03-88/CDP 05-80 • Conditions Of Approval 3/26/90 WATER ALLOCATION 53. No building permit or grading permit for this project shall be issued unless and until adequate water equivalencies are awarded pursuant to all applicable City ordinances and the approved Water Allocation Program or its future equivalent. MITIGATION MONITORING 54. As part of the Precise Plan, applicant shall include a program for monitoring the various mitigation measures included in the EIR and required by these conditions. Costs of implementing said monitoring program shall be the responsibility of the applicant. 1.8 I 0 EXHIBIT A-1 PROPOSED LAND USES Williams Property Entire 30-Acre Parcel My ,,.,./,,,FUTU DEVELOPMENT AREA� DREDO f TN -r%7 T VT 1Z T-rC)R (WSERVING COMMERCIAL USES ■�,■4 ^.1:? 03-88/CDP O.i-8F,,R Zoridit.ions Of Appro" • 6/20/90 a. Died restrictions for the maintenance of the common areas and facilities. b. A detailed parking plan showing precise calculations based on expected types of uses, area of each .use and City standards; an variation or' exemption from City standards requested and . t.lie PD district she requested be/described. i� C. a detailed lands aping plan which slfows the type, size, location of all p ant materials, a°11 "hardscape" features, planing technique, nainteuance plan and irrigation methods. The plan shall incl le extensive planting between Highway One and the project, e'panded plantings around the perimeter of the project and pa king lot, and increased parking lot planting to meet the C ty standards or an equivalent. Use of drought tolerant and Iow-water use species should be emphasized in the plan. d. Detailed architectural le a ions, building heights, colors, materials, signage ag lighting. All lighting shall be designed to minimize lare and \to avoid light pollution. WATER ALLOCATION No building permit�r grading permit Jor this project shall be issued unless ands ntil adequate water �uivalencies are awarded pursuant to all applicable City ordinance and the approved Water Allocation Program or its future equivalent MITIGATION MONITOR As part of the Precise Plan, applicant shall include a program 'I for monito ing tyre various mitigation measures included in the EIR and r quired by these conditions. Costs of in lementing said monitoring program shall be the responsibility of le applicant. 17 CY 111111 \\ 4, 3m �mu � rXI MCI F-4 LCU ..Tsar-- 1'1— I N, INEli MUM Cl '71 1 V1 f 5j fA �111 11 I Z E 0 N r, Ial •- I -7A� i, �...-==-r-- 8 t �lii�illll I u u - o . O O f \ z a. C! l: si u x x > i a x J A " t~ :: I.::: w r.; :: t� C. t~ w I t: m O C1 0 to A W 'A L'i y 6 16 6 Vf O O.O 0 0 0 0 0 0 0 0 10 m m J td C7 O N m O N v O N N m N A t7 r d C1 Cf h t0 m O co O © N ^+ -� t •+ N N h 0 c11 i ^• N r a, U A y �.. C3 i Sd N z z z z z z z z z F' z o~ a`$000a'aaa ° a e O O>>> > O 7 O> > O O [� O ❑ ❑ ❑ Pi .7 A 9 Ll a F I I I i H � M 1_.' � I I • 1 �1 r • O � J � l I-1 Kil—. —� � �! •� �- �� -- I I I I I I ��I V L liiil�l U _: = z rlIIII!!'!II! j ji 41/ N if 4 1 6 RESOLUTION NO. 36-,90 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY ESTABLISHING METER CHARGES, USE RATES AND RELATED FEES AND DEPOSITS FOR WATER SERVICES T H E C I T Y C 0 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, water system operations and maintenance cost accrue without regard to the amount of water delivered: and WHEREAS, these systems costs can reasonably be allocated to water customers based on the size of meter, and therefore the potential demand on the water system; and WHEREAS, these meter charges and system operations and maintenance expenses should be accounted for separately from other water funds: NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Morro Bay that a WATER SYSTEM FUND be established to account for the revenues and expenditures created by the meter charge; and the following schedule of meter charges, water use rates, fees and deposits for services is adopted, effective beginning April 1, 1990 and thereafter. City Council Resolut*No. 36-90 • Page Two MONTHLY _MFTFR_CHARGES 5/8" meter ... .,,,... I ..... $ 4.00 1' meter ,,, ,,, ,,,,,,,,Y 10.00 1-1/2" meter „ ...I......,,,,$ 20.00 2" meter ,,,, 32100 3" meter ......,,,,$ 50.00 4" meter ,,,,,,,,,,,,,,,,E 100400 MONTHLY WATER USE RATES ----------------------- Use charge/100 cubic feet: 0 .......I .............£ 0 1 ,,.,.... I .............$ 45 2 .....................$ .89 3- 10 1..............I.....1$ 1.34 11- 25 ................... — $ 1.68 26- 50 ......................$ 1.96 51- 75 ......................$ 2.29 76-100 .......... ... ......... $ 2.57 101-greater ....... ... .....T 2.90 OTHER WATER RATES ----------------- Reconnect charge ................$ 32.00 Delinquent charge 10% Construction meter: Setting charge ...............s 32.00 Use charge/day ...... I... ..... $ 3.00 Use rate/100 cubic feet ..... same as residential use charge Deoosit: Residential renter ,.,.s 50.00 Construction renter ...........s 65.00 PASSED AND ADOPTED, BY THE City Council of the City of Morro Bay at a regular meetinq held thereof this 26th day of March, 1990, by the following roll call vote: AYES: Baker, Lemons, Odell, Wuriu, Sheetz NOES: None ABSENT: None ABSTAIN: None _ __ _____ ___ ROSE MARIE SHEETZ, Mayor ATTEST: &Z-' 11�--- ARDITH DAVIS, City Clerk RESOLUTION NO. 3S-90 RESOLUTION DECLARING WEEDS A NUISANCE AND FIRE HAZARD AND AUTHORI2ING THE PUBLIC WORKS DEPARTMENT TO PROCEED WITH ABATEMENT T H E C I T Y C 0 U N C I L City of Morro Bay, California BE IT RESOLVED that the City Council 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 Bayion May 29, 1990 at 6:00 p.m. in the Morro Bay Veterans Hall to hear comments from individuals who received notice to abate their parcels. PASSED AND ADOPTED bg the City Council of the City of Morr❑ Bay at a regular meeting thereof held the 26th day of March, 1990, by the following roll call vote: AYES: Baker, Lemons, Odell, Wuriu, Sheetz NOES: None ABSENT: None ATTEST: A �n-TTwnAVI�S, City Clerk RESOLUTION 33-90 A RESOLUTION SUPERSEDING RESOLUTION qS -89, AN UNRECORDED DOCUMENT, ACCEPTING THE OFFER OF DEDICATION OF AN ADDITION TO THE KENNEDY WAY RIGHT-OF-WAY AS MADE ON PARCEL MAP MB 87-lq2 AND AMENDING THE ABANDONMENT OF SHASTA AUENUE RIGHT-OF-WAY ACCOMPLISHED BY RESOLUTION 103-64. T H E C I T Y C 0 U N C I L City of Morro Bay, California WHEREAS, the purposes of Parcel Map MB B7-142 are to delineate the addition to the Kennedy Way right-of-way and resubdivide the City Hall, Community Center and Community Library parcels; and WHEREAS, it is necessary to supersede Resolution q6-89 to change the purposes stated thereon for Parcel Map MB B7-142; and WHEREAS, an offer of dedication was made on Parcel Map MB on the behalf of the Public for an addition to the Kennedy Way right-of-way; and WHEREAS, the description of the addition to the Kennedy Way right-of-way is to be as depicted on Parcel Map MB 87-1Y2; and WHEREAS, the City Council of the City of Morro Bay by means of Resolution 103-Bq did abandon a 5 foot strip of the Shasta Avenue right-of-way to accomodate the construction of the Morro Bay Community Library; and WHEREAS, the description of the (abandoned right-of-way given on Resolution 103-84 does not provide a strip of land of sufficeint length to include the completed width of the library building; and WHEREAS, to accomodate the actual building location of the library, the legal description of the abandoned portion of Shasta Avenue right-of-way should be changed to coincide with the depiction of that S Foot strip of land shown on Parcel Map 87-1q2 . NOW, THEREFORE, BE IT RESOLUED that the City Council of the City of Morro Bay, California does accept on behalf of the public the offer of dedication made for the addition to the Kennedy Way right-of-way as depicted on Parcel Map MB 87-142. BE IT FURTHER RESOLVED, that from and after the date this resolution is accepted, the desciption of the abandoned strip of Shasta Avenue right-of-way shown on Resolution 103-84 shall be changed to read as depicted on Parcel Map MB 67-1q2. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof held the 26th day ❑f March, 1990 by the following roll call vote: AYES: Baker, Lemons, Odell, Wuriu, Sheetz NOES: None ABSENT: None ROSE MARIE SHEETZ, MA ATTEST: z XZ'� ARDITM DAVIS, CITY CLERK r MOMTEREY "P4 4VE 5"49T4 4VE.' I 1 1 1 1 1 7 c 1, k ► ,t?n a . zrti\ A /fj� e � p tl�b C � I • o o D 0.888888888$ upq+cu }iPi�A A rp p00000000q a.c•.rr�b bvC 1pP NPP bP w�aiNN OP= Q Sl C L p q &I N" Ids` SIX SN $ ^ w $ P LP Y y 9s VYyMAE ypypy I A �� IIIL VtlA i\� W A p 3 � Ave. i 4oSS ,>N >L]D]Q.2 J 0 Se V ae.m 4.5 W y 40'P'2�'r Di»u pyV t J O'>i V [D..,K m O C a V L L � . Y O• Y.' IV V Ot.� 4 L LLL YV YY Ya. .Vi fi RP �� �L OO VOCf S+V DV 1' yo.lq Yv vw �8a8, ri m o. wwe =8i iii= oR i °'A l$ moo. ay "c 4rn wR 8e xm s o A L !i •7V�d'E R100 Q.5 V [V— , V B$ � l SHL�STA QVE. "FFp � � $ a3'`•j o,o u i uosD,aN Soa.et 42 __ 1� ( Q .,• �` €V� [F 9551M E �A I YDYa pY 6H Y- __ —_ go Fqx L _ u A 4: t? o O B 0 o zj'y'w vo on go MID w Pie Ups 4:ptWEY INLAY ont' a/ / Raj o•>} R�pf 11 < h M YR Q P9L'N M4.T Q"1 � CVy 4r 4>`� \._�_• \yd„ ryN 41 :a it r- ^ ' �§ $ C - 10 2m �A,S D cj8'• dr 4>''>� 8�0 u A % n c°ys A ✓foee e r t ee g r ; < ° i� n �• V i a°° no8g °g ^veS,wc R Q z v •♦ u oG 3 w s RE S OLUT S ON N O_ 3 2— 9 O RESOLUTION OF THE MORRO BAY CITY COUNCIL CONGRATULATING THE QUOTA CLUB ON ITS 25TH ANNIVERSARY T H E C I T Y C O U N C I L City of Morro Bay, California WHEREAS, the Quota Club of Morro Bay is composed of business and executive women of the Central Coast; and WHEREAS, the Quota Club of Morro Bay is a member of an interna- tional organization of clubs, with chapters throughout the United States, Canada, Australia, New Zealand, the Philippines, India, Sri Lanka, Figi, Singapore and Aruba; and WHEREAS, the Quota Club of Morro Bay and Quota International, Incorporated, are dedicated to service to the hearing impaired and speech handicapped; and WHEREAS, the Quota Club of Morro Bay has actively supported through monetary contributions and personal service a large number of civic programs, worthy charities, and needy families; and WHEREAS, the month of March, 1990, marks the twenty-fifth anniversary of the chartering of this outstanding service club in our community; and WHEREAS, the Charter President, Garnet Coughlin, has remained an active, contributing, and steadfast member for a quarter of a century. NOW, THEREFORE, BE IT RESOLVED that the Morro Bay City Council does honor and congratulate the Quota Club of Morro Bay for twenty- five years of exemplary service; and BE IT FURTHER RESOLVED that the City Council offers thanks and recognition to the Club's Charter President Garnet Coughlin for her loyalty and support to the community and its citizens, and further sends greetings to the Club's membership by declaring 23 March 1990 as "Quota Club of Morro Bay Day". PASSED AND meeting thereof vote: AYES: NOES: ABSENT: ATTEST: ADOPTED by the Morro Bay City Council at a regular held on the 12th day of March, 1990 on the following DITH DAVIS, City Clerk • RESOLUTION NO. 30-90 • A RESOLUTION OF THE. CITY COUNCIL OF THE. CITY OF MORRO BAY, ANNOUNCING FINDINGS AND APPROVING THE CITY'S PARTICIPATION IN A JOINT POWERS AGREEMENT BETWEEN THE CITY, THE. COUNTY OF SAN LUIS OBISPO, AND THE OTHER SIX INCORPORATED CITIES TO SHARE IN THE COST OF PREPARING A JOINT COUNTY AND CITIES NOISE ELEMENT T H E C I T Y C O U N C I L City of Morro Bay, California WHEREAS, the Noise Element of the City Morro Bay was prepared in 1976 as a joint project with the County of San Luis Obispo and the other incorporated cities of the County; and WHEREAS, State planning laws encourage the periodic review and updating of elements of the General Plan including the Noise Element in order to maintain a current and useful technical and policy document; and WHEREAS, the existing noise elements of the City, County and other cities are now old and in need of revision due to changing environmental and development conditions, and due to recent changes in state laws defining the required content of. Noise Elements; and WHEREAS, the County has proposed taking the lead in arranging and managing a joint revision of the Noise Elements of the County and each incorporated city in order to save costs and achieve a uniform planning approach consistent with state requirements; and WHEREAS, the Ci.ty recognizes the need for the update and the benefits of participation with the County and other cities, and has budgeted $4,000.00 for the purpose; and WHEREAS, approval of. a Joint Powers Agreement prepared by the County is necessary to formally provide for the City of Morro Bay's participation in the project. NOW, THEREFORE, BE IT RESOLVED, that based on the findings above that the City Council hereby approves the attached Joint Powers Agreement with the County of San Luis Obispo and the incorporated cities of. the County to provide for cost sharing in the preparation of a revised Noise Element; and BE IT FURTHER RESOLVED that the Mayor and City Clerk are authorized to execute the Joint Powers Agreement on behalf of the City Morro Bay. PASSED, APPROVED, AND ADOPTED, by the City Council of the City of. Morro Bay, on the 1.2th day of March, 1990, by the following vote to wi.t: AYES: Baker, Lemons, Odell, Wuriu, NOES: None ABSENT: 'N_on/e ARDfYH DAVIS, Ci y JOINT POWERS AGREEMENT A14ONG THE COUNTY OF SAN LUIS OBISPO AND THE CITIES OF ARROYO GRANDE, ATASCADERO, GROVER CITY, EL PASO DE ROBLES, MORRO BAY, PISMO BEACH, AND SAN LUIS OBISPO FOR PREPARATION OF COUNTY AND CITIES NOISE ELEMENT UPDATE/ CONSTRUCTION STANDARDS AND NOISE DESIGN MANUAL/NOISE ORDINANCE REVISIONS THIS JOINT POWERS AGREEMENT is made and entered into this 12th day of March , 1990, by and between the COUNTY OF SAN LUIS OBISPO hereinafter called COUNTY, and the cities of ARROYO GRANDE, ATASCADERO, GROVER CITY, EL PASO DE ROBLES, MORRO BAY, PISMO BEACH, AND SAN LUIS OBISPO, hereinafter called CITIES, under and pursuant to Section 6500 et seq., of the Government Code. 14ITNESSETH: WHEREAS, COUNTY and CITIES desire to undertake certain surveys, studies and plans leading to the development of updates to the Noise Elements of their General Plans pursuant to Section 65302 of the Government Code; and, WHEREAS, COUNTY and CITIES wish to develop measures which implement the updated Noise Elements of their General Plans such as construction standards, an informational design manual, and typical zoning regulations, and other standards; and, WHEREAS, it will avoid duplication of efforts, minimize expense, and be of benefit to the citizens of COUNTY and CITIES to jointly agree for the execution of one contract for the preparation of updates to the said Noise Elements of their General Plans and implementation measures; and, WHEREAS, the Planning or Community Development Director of each City and the Director of the County Department of Planning and Building have reviewed and have had opportunity to comment on the tentative Work Program for the preparation of the Noise Element updates; and WHEREAS, BROWN-BUNTIN ASSOCIATES, INC., a California Corporation (hereinafter Consultant) is engaged in the business of acoustical consulting and preparation of Noise Elements and represents that it is qualified to offer its services as consultant in the preparation of said updates to the Noise Elements and implementation measures; NOW, THEREFORE, IT IS MUTUALLY AGREED: 1. The sole purpose of the Agreement is to provide a vehicle by which the parties hereto may cooperate in the preparation of the updates to Noise Elements of their respective General Plans and implementation measures, and no party to this Agreement intends or does hereby assume any of the debts, liabilities or obligations of any party hereto. 2. The COUNTY, upon approval by the San Luis Obispo County Board of Supervisors, for and on behalf of COUNTY and CITIES, is hereby designated and empowered as the party to negotiate and execute a contract with the Consultant for the preparation of said General Plan Noise Elements and implementation measures, in an amount not to exceed $63,000. 3. COUNTY, or such person as the COUNTY may designate, is hereby designated as the party charged with the administration and enforcement of said Contract on behalf of the COUNTY and CITIES. 4. COUNTY and CITIES shall contribute funds in accordance with Exhibit "A", (Cost Contribution Obligation), which exhibit is attached hereto and hereby incorporated herein by reference as though here fully set forth, for payment of the obligation incurred under the Contract which is the subject of this Agreement, and none of the parties to this Agreement shall be liable to any person or agency for the share of any other such parties; and provided that the liability of COUNTY and CITIES to contribute funds hereunder shall be limited to the amounts set forth in "Exhibit "A." 5. The amount of money to be expended pursuant to said Contract shall not exceed $63,000 except by written amendment to this Agreement concurred in by all parties hereto. 6. Prior to execution of the Contract, the Treasurer of the county of San Luis Obispo shall receive and receipt for all money contributed by COUNTY and CITIES pursuant to this Agreement. These monies will be maintained in a trust fund by the Auditor and appropriated to the Planning Department's budget in the fiscal year when the expenditures occur. Amounts due on the Contract referred to herein shall be drawn upon warrants of the Auditor of the County of San Luis Obispo. After termination of this Agreement as provided for in paragraph 11, any surplus money on hand in the trust fund shall be returned to the parties to this Agreement in proportion to their contribution made within 45 days from the date of the final billing from the Consultant. 7. Costs of additional work tasks other than those specifically set forth in the Contract between the County and Consultant are the responsibility of the City or County requesting the additional service and shall be borne by the COUNTY or CITY electing to have such work tasks performed. Such additional work tasks shall be performed by the county or city desiring them or through separate contract(s) between COUNTY or CITIES and the Consultant. The costs of such additional work tasks shall be above and beyond the amounts specified in Exhibit "A" attached hereto and the maximum expenditure stated in paragraph 5 of this Agreement. S. COUNTY and CITIES shall each be responsible for completing at their own expense certain activities, such as reproduction of final documents, as specified in the Contract. 9. COUNTY and CITIES shall each be responsible for furnishing information with regard to areas under their jurisdiction for use by the Consultant including but not limited to the following: traffic counts and projected future traffic volumes as available for streets listed in the Contract, future circulation plans and improvements, any special mapping requirements for noise contour maps, desired Noise Element goals and any preferred policies and implementation measures, and existing noise ordinances and regulations. 10. COUNTY and CITIES and each of them shall indemnify and save harmless the COUNTY and each other and the officers, agents and employees of each, from any and all claims, demands, damages, costs, expenses or liability arising out of or occasioned by any act or omission to act by such COUNTY or CITIES pursuant to this Agreement, including, but not limited to, any act or omission to act on the part of COUNTY'S or CITIES' agents or employees or independent contractors directly responsible to COUNTY or CITIES. 11. This Agreement shall take effect upon its execution by the chairman, or mayor, and clerks of the legislative bodies of the county of San Luis Obispo and the seven incorporated cities authorized pursuant to resolutions of such legislative bodies authorizing such execution and shall continue until COUNTY'S Contract with the Consultant shall have been fully performed by the parties thereto and until the updates to the Noise Elements and implementation measures hereunder have been completed and received by the parties hereto and all the obligations of the parties hereto have been performed, whereupon it shall automatically terminate. 12. Entire Agreement and Modification. This agreement supercedes all previous contracts and constitutes the entire understanding of the parties hereto. No changes, amendments or alterations shall be effective unless made in writing by all parties to this Agreement. 13. Non —Assignment of Contract. No party to this Agreement may assign, transfer, delegate or sublet any interest therein. 14. Enforceability. If any term, covenant, condition or provision of this agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remainder of the provisions hereof -1 1 shall remain in full force and effect and shall in no way be affected, impaired or invalidated thereby. 15. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first hereinabove written. CITY OF ARROYO GRANDE By: Mayor By: Clerk CITY OF ATASCADERO By: Mayor By: Clerk CITY OF GROVER CITY By: Mayor By: Clerk I' 1 '4 ' E OVA / /1k- - Date: Resolution No. Date: Resolution No. Date: Resolution No. Date: March 13, 1990 Resolution No. 30-90 1 CITY OF EL PASO DE ROBLES By: Mayor By: Clerk CITY OF PISMO BEACH By: Mayor By: Clerk CITY OF SAN LUIS OBISPO By: Mayor By: Clerk COUNTY OF SAN LUIS OBISPO By: Chairman, Board of Supervisors By: Clerk, Board of Supervisors JOINT POWERS AGREEMENT PROVISIONS APPROVED AS TO FORM: JAMES B. LINDHOLM, JR. County Counsel By: Deputy County Counsel Dated: MW/hf/cl/1011j/62 07-18-89 Date: Resolution No. Date: Resolution No. Date: Resolution No. Date: Resolution No. EXHIBIT "A" COST CONTRIBUTION OBLIGATION Arroyo Grande $ 4,175.86 Atascadero 6,750.83 Grover City 3,407.65 Morro Bay 3,010.17 Paso Robles 4,869.51 Pismo Beach 2,247.60 San Luis Obispo 12,187.73 *County of San Luis Obispo 26,350.65 TOTAL $63,000.00 *County will. be responsible for costs of contract adminis- tration and limited reproduction services as described in the scope of Work and Work Program exhibit of the contract. ADDITIONAL TASKS AND COSTS The following work tasks are not to be included within the scope of services of the contract between the County and Consultant. These tasks and any other tasks not specifically set forth in the contract between the County and Consultant shall be the responsibility of the County or city requesting the additional service and shall be performed by that county or city or through separate contract(s) with the consultant. The cost of such additional service shall be borne by the county or cities desiring such tasks, and shall be in addition to the cost contribution obligation specified above: 1. Analyses of transportation routes and stationary noise sources that are in addition to those specified in the Scope of Work and Work Program exhibit of the contract. 2. Meetings and public hearings that are in addition to the three public information meetings specified in the Scope of Work and Work Program exhibit of the contract. 3. Reproduction of documents that are in addition to the type and number of documents described in the Scope of Work and Work Program exhibit of the contract. MW/hf/cl/lj/1316j 2/06/90 6 RESOLUTION NO. 31-90 AWARDING OF A LONG TERM LEASE FOR LEASE SITE 141 TO THE UNITED STATES COAST GUARD FOR A MAXINUM TERM OF FIFTY YEARS 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 141 and; WHEREAS, the lease site is currently the site of a storage building leased to the U.S. Coast Guard, and; WHEREAS, the U.S. Coast Guard desires to expand its facilities in Morro Bay and; WHEREAS, the U.S. Coast Guard is proposing to build a multi - storage structure housing storage, offices, restroom, laundry and training room facilities as well as a third floor observation tower which will offer an unobstructed view of the harbor entrance, and; WHEREAS, the observation tower would be an asset to both the City and the U.S. Coast Guard in aiding all mariners transiting the harbor, and; WHEREAS, the City desires to maintain the Coast Guard's long term presence in Morro Bay, NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Morro Bay hereby awards a long term lease of to the United States of America on behalf of the U.S. Coast Guard for use of lease site 141 and construction of a multi -story structure on said premises. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held thereof on the 12th day of March, 1990, by the following vote: AYES: Baker, Lemons, Odell, Wuriu, Sheetz NOES: None ABSENT: None ` i "/, 62- O E IE SHEETZ, MAYOR DITH DAVIS, CITY CLERK RESOLUTION NO. 29-90 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, CALIFORNIA HONORING THE FEDERAL LAND AND WATER CONSERVATION ON ITS 25TH ANNIVERSARY T H E C I T Y C O U N C I L City of Morro Bay, California WHEREAS, the Land and Water Conservation Fund has had a significant impact on our nation's outdoor recreation resources which have greatly contributed to the quality of life in this nation; and, WHEREAS, recreation areas funded with Land and Water Conservation Fund grants are protected in perpetuity by a provision of the Fund Act thus assuring a nationwide recreation legacy for the benefit of future generations; and, WHEREAS, state and local governments have benefitted greatly from the Land and Water Conservation Fund grants program by using these funds to acquire over 3 million acres and develop over 22,000 recreation facilities; and, WHEREAS, the City of Morro Bay has developed Del Mar Park and has grant funds awarded for Tidelands Park with Land and Water Conservation Fund grant assistance; and, WHEREAS, the legislation enacting the Land and Water Conservation Fund was signed 25 years ago on September 3, 1964 becoming effective on January 1, 1965. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Morro Bay is celebrating the 25th Anniversary of the Land and Water Conservation Fund and supports activities which positively contribute to this important occasion. BE IT FURTHER RESOLVED by the City Council that a tree commemorating the 25th Anniversary of the Land and Water Conservation Fund shall be planted at Del Mar Park' as part of the City's Earth/Arbor Day event on April 22, 1990. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held on this 12th day of March, 1990 by the following roll call vote: AYES: Baker, Lemons, Odell, NOES: None ABSENT: None ATTEST: ARDITH DAVIS CITY CLERK Wuriu, Sheetz' Ci AE IE SHE Z, MAYO 0 RESOLUTION NO. 28-30 RESOLUTION AUTHORIZING A CHANGE IN THE NAME OF THE REFUSE COLLECTION FRANCHISE BOARD TO SOLID WASTE MANAGEMENT BOARD THE CITY COUNCIL City of Morro Bay, California WHEREAS, Section 8.16.400 of the Morro Bay Municipal Code provides that a franchise board comprised of at least five City residents who are registered voters within the City may be appointed by and serve at the pleasure of the City Council to conduct certain business relating to mandatory refuse collection such as but not limited to hearing complaints, conducting studies, and making recommendations to the City Council; and WHEREAS, the City Council of the City of Morro Bay appointed a Refuse Collection Franchise Board (RCFB) in November, 1981, in accordance with Section 8.16.400 of the Morro Bay Municipal Code; and WHEREAS, the RCFB has evolved since it was formed from a complaint - receiving advisory body related to the City's mandatory refuse collection service and related franchise agreement with Morro Bay Garbage Service to a pro -active advisory body involved in all phases of solid waste management, partially as a result of the solid waste disposal crisis at national, state, and local levels; and WHEREAS, the RCFB unanimously voted at its meeting of February 2, 1990 to recommend that the City Council change the name of the RCFB to Solid Waste Management Board to more accurately reflect its involvement in all facets of solid waste management. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay to change the name of the Refuse Collection Franchise Board to Solid Waste Management Board and direct that the By -Laws of said Board be amended accordingly without further City Council action. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof held on the 12th day of March, 1990 by the following vote: AYES: Baker, Lemons, Odell, Wuriu, Sheetz NOES: None ABSENT: None ABSTAIN: None ROSE MARIE SHEETZ; MAYOR ATTES A DITH DAVIS, CITY CLERK RESOLUTION NO. 27-90 RESOLUTION ESTABLISHING A CITY-WIDE CURBSIDE RECYCLING PROGRAM AND APPROVING A RATE INCREASE FOR RESIDENTIAL AND COMMERCIAL REFUSE COLLECTION SERVICES TO FUND PROGRAM THE CITY COUNCIL City of Morro Bay, California WHEREAS, the City of Morro Bay entered into a Franchise Agreement with Morro Bay Garbage Service (MBGS) for the collection of all residential and commercial refuse and waste materials within city limits; and WHEREAS, said Agreement grants to MBGS rights to all solid wastes generated within the City of Morro Bay and gives MBGS the first right of refusal to collect and remove recyclable materials from the premises of all residential and commercial refuse collection customers; and WHEREAS, the City Council has the authority to establish the rates to be charged for the collection and removal of all refuse and waste material within City limits, including recyclable materials, by a licensed, duly -contracted refuse collector pursuant to Morro Bay Municipal Code Section 8.16.360. WHEREAS, the City's Refuse Collection Franchise Board has studied for approximately two years alternative methods of recycling to divert recyclable materials from the waste stream and disposal at a landfill and has also studied related issues, including but not limited to variables, costs factors, efficiency, effectiveness, advantages, and disadvantages; and WHEREAS, upon the recommendation of the Refuse Collection Franchise Board, the City Council of the City of Morro Bay approved on January 8, 1990 the implementation of a City-wide voluntary participation residential and commercial curbside recycling program as proposed by MBGS, including certain conditions recommended by the City's Refuse Collection Franchise Board to which Contractor agreed, and corresponding 8.38% across- the-board rate increase for all residential and commercial refuse accounts to fund said program regardless of a refuse collection customer's participation in said recycling program, and directed Staff to prepare appropriate implementation documents for adoption at a future meeting; and WHEREAS, the City and MBGS desire to provide for the curbside collection and removal by MBGS from the City of Morro Bay and the solid waste stream certain recyclable materials from the premises of residential and commercial refuse customers pursuant to the terms and conditions set forth in an amendment to said Agreement dated March 12, 1990; and RESOLUTION NO. 27-90 PAGE 2 WHEREAS, the solution to the solid waste disposal crisis is second in importance only to the solution to the City's water problem; and WHEREAS, recycling is no longer an optional solid waste management strategy; rather, it is a necessary element in an effective integrated solid waste management program and has a cost factor as does refuse collection; and WHEREAS, landfill capacity is a scarce resource and it is in the public interest and essential to the preservation and enhancement of the health, safety, and welfare of all citizens of the City of Morro Bay to establish said curbside recycling program, thereby reducing the waste stream disposed at a landfill and encouraging public awareness of the need to recycle and change other aspects of the public's individual and collective waste disposal habits. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay as follows: 1. The adoption of this resolution shall rescind Resolution No. 126-87 regarding refuse collection rates, adopted November 23, 1987; and The rates for all categories of refuse collection service, including said curbside recycling program, are hereby established as shown in Exhibit A, attached hereto and incorporated herein by reference, effective May 1, 1990. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof held on the 12th day of March, 1990 by the follow vote: AYES: Baker, Lemons, Wuriu, Sheetz NOES: None ABSENT: None ABSTAIN: Odell OMIE SH ETZ, MA OR ATTEST 4� ARDITH DAVIS, CITY CLERK EXHIBIT A MORRO BAY GARBAGE SERVICE REFUSE COLLECTION RATES EFFECTIVE MAY 1, 1990 (RATE/MONTH)* RESIDENTIAL RATES Curb/Hardship: No. of Cans Expanded Service/ Up to 6 cans** 1-Can/By Application Only** Special Services Tag Service: Special Pickup: COMMERCIAL RATES Bin Yard Rate No. of Cans Rate $6.50 1 can $ 8.40 2 cans 11.55 3 cans 14.65 4.85 4 cans 17.75 5 cans 20.90 $1.50/tag 4.25/yard Service*** Frequency of Pickups/Week lx 2x 3x 4x 5x 6x 1 yd.bin $21.90 34.55 45.20 56.80 68.40 82.00 1.5 yd.bin 27.20 46.20 62.20 79.00 95.75 114.45 2 yd.bin 32.50 57.85 79.20 101.20 123.10 146.85 3 yd.bin 42.70 81.30 112.80 142.40 185.00 214.35 4 yd.bin 56.85 108.10 150.10 201.15 251.45 285.20 Can Service*** 1 can $ 7.60 15.10 22.70 28.15 36.20 45.40 2 cans 11.25 22.60 33.85 45.95 56.80 67.60 3 cans 15.35 30.65 46.05 61.10 74.80 92.00 4 cans 17.65 35.25 52.95 72.00 88.50 105.90 5 cans 20.00 40.00 59.85 79.75 100.35 119.75 Various 20 yd. drop box (M-F only) $120.00/dump $3.00 rent/day Bin cleaning 15.00/cleaning Reinstatement 25.00 Special Overload Pickup Pickup 8.40 7.05 9.55 8.75 10.65 10.50 14.00 12.60 18.55 16.80 NOTES: * All rates are monthly, except as noted. ** Expanded service shall be the standard level of service for all residential customers. Customers may apply to MBGS for 1-can service. Application shall be made either in person or by telephone. The 1-can service is intended for those customers who are likely to generate a minimal amount of refuse and do not require more service on a regular basis. *** All residential and commercial rates include a curbside recycling program, effective May 1, 1990. 0 RESOLUTION NO. 26-90 A RESOLUTION APPROVING AN AMENDMENT TO REFUSE COLLECTION FRANCHISE AGREEMENT BETWEEN THE CITY OF MORRO BAY AND MORRO BAY GARBAGE SERVICE TO ESTABLISH A CITY-WIDE CURBSIDE RECYCLING PROGRAM THE CITY COUNCIL City of Morro Bay, California WHEREAS, City and Morro Bay Garbage Service, Inc. entered into a franchise agreement for mandatory refuse collection within City limits, hereinafter referred to as "AGREEMENT", dated March 8, 1982 with commencement of service effective January 1, 1982, and incorporated herein by reference; and WHEREAS, Mission Country Disposal, Inc., a California corporation, purchased all of the outstanding and issued stock of Morro Bay Garbage Service, Inc., a California corporation, and agreed to be bound by all terms and conditions of said Agreement and to assume all obligations of Morro Bay Garbage Service thereunder, with said Agreement to continue to be held in the name of Morro Bay Garbage Service, Inc., and operated by same, pursuant to a Transfer of Franchise Agreement dated December 18, 1985 and an Assumption of Franchise Obligations dated December 20, 1985; and WHEREAS, said Agreement grants to Morro Bay Garbage Service, Inc., hereinafter referred to as "Contractor", rights to all solid wastes generated within the City the first right of refusal to materials from the premises of refuse collection customers; and of Morro Bay and gives Contractor collect and remove recyclable all residential and commercial WHEREAS, the City's Refuse Collection Franchise Board has studied for approximately two years alternative methods of recycling to divert recyclable materials from the waste stream and disposal at a landfill and has also studied related issues, including but not limited to variables, cost factors, efficiency, effectiveness, advantages, and disadvantages; and Resolution,No. 26-� Page 2 WHEREAS, the California Integrated Solid Waste Management Act of 1989 (AB 939-Sher) mandates waste diversion goals of 25% and 50% by January 1, 1995 and 2000, respectively, and requires the preparation of a Source Reduction and Recycling Element (SRRE) by each city and county by July 1, 1991 as well as implementation of said SRREs according to the timetable in each SRRE as approved by the newly -formed California Integrated Waste Management and Recycling Board; and WHEREAS, the League of California Cities, County Supervisors Association of California, and California Solid Waste Management Board are urging cities and counties to implement curbside recycling programs as soon as possible concurrent with the preparation of SRREs to gain credit toward the aforesaid mandated waste diversion goals, thereby substantially increasing public awareness of the solid waste disposal crisis at national, state, and local levels and the need to recycle; and WHEREAS, upon the recommendation of the Refuse Collection Franchise Board, the City Council of the City of Morro Bay approved on January 8, 1990 the implementation of a city-wide voluntary participation residential and commercial curbside recycling program as proposed by Contractor, including certain conditions recommended by the City's Refuse Collection Franchise Board to which Contractor agreed, and corresponding 8.38% across- the-board rate increase for all residential and commercial refuse accounts to fund said program regardless of a refuse collection customer's participation in said recycling program, and directed Staff to prepare appropriate implementation documents for adoption at a future meeting; and WHEREAS, City and Contractor desire to provide for the curbside collection and removal by Contractor from the City of Morro Bay and the solid waste stream certain recyclable materials from the premises of residential and commercial refuse customers pursuant to the terms and conditions set forth hereinbelow as part of said Agreement; and WHEREAS, said Agreement can be modified by a written agreement expressly authorized by the City Council; and WHEREAS, Contractor has the management and technical personnel and other assets to operate said recycling program; and WHEREAS, City desires to retain Contractor to operate said recycling program and Contractor desires to provide such services. Resolution No. 26-9• Page 3 NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay as follows: 1. The amendment to the Refuse Collection Franchise Agreement between the City of Morro Bay and Morro Bay Garbage Service, attached hereto as Exhibit A and incorporated herein by reference, is hereby approved. 2. The City Administrator is hereby authorized to sign all related documents. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof held on the 12th day of March, 1990 by the following vote: AYES: Baker, Lemons, Wuriu Sheetz NOES: None ABSENT: None ABSTAIN: Odell ATTEST: ARDITH DAVIS, City Clerk EXHIBIT A AMENDMENT TO REFUSE COLLECTION FRANCHISE AGREEMENT BETWEEN THE CITY OF MORRO BAY AND MORRO BAY GARBAGE SERVICE TO ESTABLISH A CITY-WIDE CURBSIDE RECYCLING PROGRAM This Amendment is entered into the 12th day of March, 1990 by and between the City of Morro Bay, hereinafter referred to as "CITY", and Morro Bay Garbage Service, Inc., hereinafter referred to as "CONTRACTOR", and amends the Agreement entitled City of Morro Bay Agreement, Mandatory Refuse Collection, dated March 8, 1982 by and between said parties. W I T N E S S E T H WHEREAS, City and Contractor entered into a franchise agreement for mandatory refuse collection within City limits, hereinafter referred to as "AGREEMENT", dated March 8, 1982 with commencement of service effective January 1, 1982, and incorporated herein by reference; and WHEREAS, Mission Country Disposal, Inc., a California corporation, purchased all of the outstanding and issued stock of Morro Bay Garbage Service, Inc., a California corporation, and agreed to be bound by all terms and conditions of said Agreement and to assume all obligations of Morro Bay Garbage Service thereunder, with said Agreement to continue to be held in the name of Morro Bay Garbage Service, Inc., and operated by same, pursuant to a Transfer of Franchise Agreement dated December 18, 1985 and an Assumption of Franchise Obligations dated December 20, 1985; and WHEREAS, said Agreement grants to Contractor rights to all solid wastes generated within the City of Morro Bay and gives Contractor the first right of refusal to collect and remove recyclable materials from the premises of all residential and commercial refuse collection customers; and WHEREAS, the City's Refuse Collection Franchise Board has studied for approximately two years alternative methods of recycling to divert recyclable materials from the waste stream and disposal at a landfill and has also studied related issues, including but not limited to variables, cost factors, efficiency, effectiveness, advantages, and disadvantages; and Amendment to MBGS Onchise Agreement • Page 2 WHEREAS, the California Integrated Solid Waste Management Act of 1989 (AB 939-Sher) mandates waste diversion goals of 25% and 50% by January 1, 1995 and 2000, respectively, and requires the preparation of a Source Reduction and Recycling Element (SRRE) by each city and county by July 1, 1991 as well as implementation of said SRREs according to the timetable in each SRRE as approved by the newly -formed California Integrated Waste Management and Recycling Board; and WHEREAS, the League of California Cities, County Supervisors Association of California, and California Solid Waste Management Board are urging cities and counties to implement curbside recycling programs as soon as possible concurrent with the preparation of SRREs to gain credit toward the aforesaid mandated waste diversion goals, thereby substantially increasing public awareness of the solid waste disposal crisis at national, state, and local levels and the need to recycle; and WHEREAS, upon the recommendation of the Refuse Collection Franchise Board, the City Council of the City of Morro Bay approved on January 8, 1990 the implementation of a city-wide voluntary participation residential and commercial curbside recycling program as proposed by Contractor, including certain conditions recommended by the City's Refuse Collection Franchise Board to which Contractor agreed, and corresponding 8.38% across- the-board rate increase for all residential and commercial refuse accounts to fund said program regardless of a refuse collection customer's participation in said recycling program, and directed Staff to prepare appropriate implementation documents for adoption at a future meeting; and WHEREAS, City and Contractor desire to provide for the curbside collection and removal by Contractor from the City of Morro Bay and the solid waste stream certain recyclable materials from the premises of residential and commercial refuse customers pursuant to the terms and conditions set forth hereinbelow as part of said Agreement; and WHEREAS, said Agreement can be modified by a written agreement expressly authorized by the City Council; and WHEREAS, Contractor has the management and technical personnel and other assets to operate said recycling program; and WHEREAS, City desires to retain Contractor to operate said recycling program and Contractor desires to provide such services. Amendment to MBGS Anchise Agreement • Page 3 NOW THEREFORE, in consideration of the foregoing recitals, covenants, and agreements of each of the parties herein set forth, the parties hereto agree as follows: 1. Contractor shall implement on or before May 1, 1990 a voluntary participation curbside recycling program to collect recyclable materials separated by participating refuse collection customers, including but not limited to glass, aluminum cans, and newspapers on each participating residential and commercial customer's regular refuse collection day using a durable container(s) provided and delivered to participating refuse customers by Contractor to store recyclables and a separate truck designed for the collection of recyclables. Contractor shall also collect in the same manner such additional recyclables as may from time to time be designated by City after conferring with Contractor. Contractor shall collect recyclable materials from refuse customers with a refuse hardship variance as defined in Section 8.16.360 of the City's Solid Waste Management Ordinance or subscription for yard service in the same manner as refuse is collected. Residential and commercial refuse customers may recycle through other organizations of their choice; however, all refuse collection customers, including those not participating in said recycling program, shall be required'to pay a fee for said program as part of the refuse collection charge as determined by the City Council pursuant to Sections 8.16.170 (A) and (C) and 8.16.500 of the Morro Bay Municipal Code. 2. Contractor shall collect all recyclables in the containers described hereinabove placed by a participating refuse collection customer at or near the curb adjacent to customer's standard refuse containers. The hours during which Contractor may collect such recyclables shall be the same as those permitted for the collection of solid waste in the same area. The vehicles used by Contractor shall be approved by the City Administrator or his designated representative prior to placement in operation and shall be designed to prevent any recyclable materials from falling off or otherwise escaping from such vehicles at collection stops and while in transit over public streets. Contractor shall dispose of all recyclables collected through the best available market for each recyclable material. 3. Contractor shall own each recycling container provided to participating refuse collection customers and shall be responsible for delivery and replacement as needed from time to time, provided, however, that Contractor may charge the cost of replacement containers on a customer's refuse collection bill after two containers have been delivered to a customer. Amendment to MBGS �Wchise Agreement • Page 4 Contractor shall be responsible for all operating expenses and capital costs associated with the curbside recycling program described hereinabove, including but not limited to labor, insurance, equipment, transportation of recyclables to markets, public education and marketing of said program, and billing and collection of charges for said program. 5. The initial annual cost of the curbside recycling program is estimated to be $54,000 and shall initially be funded by an 8.38% across-the-board increase in refuse collection rates for all residential and commercial accounts in Morro Bay. Contractor shall pay to City the 3% franchise fee on the gross receipts from all refuse collection and curbside recycling business conducted within the City each calendar year pursuant to Section 2 of said Agreement. Said rates shall exclude consideration of the proceeds of the sale of recyclables to assure the continuity of the programdespite the potential for severe cuts in revenues from the sale of recyclables resulting from past, present, and anticipated volatile markets for recyclables, provided, however, that said proceeds may be considered in the future when adjusting the rate for the curbside recycling program with mutual consent of the parties. Future rates for refuse collection and curbside recycling shall be established by resolution of the City Council pursuant to Resolution No. 34-82 establishing a policy relating to rate increases for refuse collection services. 6. Contractor shall submit to City no later than March 15 of each year during the term of said Agreement a separate financial statement for the curbside, recycling program for the purpose of reviewing operating costs and revenues. In addition, Contractor shall submit such information to City quarterly or semi-annually if requested by City. 7. Revenues in excess of the operating costs of the curbside recycling program, including the proceeds from the sale of recyclables collected as well as the recycling portion of the monthly refuse collection fee, shall be handled at the sole discretion of City in any one of the following methods or combinations thereof: • Given to City for its use; • Given to a City -designated charity or non-profit organization; and/or • Set aside in a special fund retained by Contractor to totally or partially offset future increases for refuse collection, including curbside recycling. Amendment to MBGS lonchise Agreement • Page 5 8. Contractor shall provide bins to any commercial customer upon request. Recyclables generated by commercial participants shall be collected on the same basis as residential refuse customers, except with regard to frequency of collection, which may be greater for commercial customers. Contractor shall plan and implement when feasible a comprehensive commercial recycling program that addresses the volumes and recyclables specific to the commercial sector. Said program shall meet the requirements of the City's SRRE as mandated by the California Integrated Solid Waste Management Act of 1989 (AB 939-Sher). 9. Contractor shall keep sufficient records to determine Morro Bay's recycling volume, participation rate, waste diversion rate, and such other information as may be required. Contractor shall comply at a minimum with current and future State requirements in this regard pursuant to AB 939. 10. Contractor shall conduct a strong marketing and public education program prior to start-up and on -going thereafter, including a cash bonus awarded weekly for at least the first 3-6 months to one household or business selected at random from those that recycle through the curbside recycling program which does not have any recyclables collected through the program in the refuse to be hauled to a landfill. The amount of said bonus shall be established by mutual agreement of the parties. Contractor agrees to work closely with City in developing and implementing a marketing and public education program and related budget. City reserves the right to review, edit, and approve any and. all related materials in advance of public dissemination. Contractor agrees to allow City to use a portion of Contractor's budget for marketing and public education, as mutually determined by the parties, to conduct marketing and public education activities regarding recycling. Any marketing and public education activities conducted by City pursuant to this Section shall be by mutual consent of the parties. 11. Contractor shall implement when economically feasible an incentive approach to the curbside recycling program based on a monthly credit on refuse collection bills for those that recycle at least once per month or such other time period as may be determined, or such other arrangement as may be mutually agreed by the parties. 12. The City reserves the right to contract for curbside recycling services with other qualified companies to protect the public safety, health, and welfare if Contractor is unable or unwilling to perform all the duties required to conduct said curbside recycling program in an efficient, effective, and professional manner. Amendment to MBGS Onchise Agreement • Page 6 13. Contractor shall not make any changes to the curbside recycling program or related operating policies and procedures unless approved in advance by City. 14. Section 12 of said Agreement relating to refuse ownership is hereby amended to read as follows: "All solid waste, including recyclable materials, upon collection and removal by the Collector from the premises where produced, created, or accumulated, or stored, shall become and be the property and responsibility of the Collector." 15. All other terms and conditions of said Agreement shall continue in effect for the term of the Agreement, except as otherwise provided herein. MORRO BAY GARBAGE SERVICE, INC. AL RIIZOLI, Vite President CITY OF MORRO :• ATTEST: ARDITH DAVIS, City Clerk RESOLUTION NO. 23-90 A RESOLUTION OF THE, CITY COUNCIL, OF THE'PCITY OF MORRO BAY, ANNOUNCING FINDINGS AND DENYING AN APPEAL AND UPHOLDING THE PLANNING COMMISSION APPROVAL OF COASTAL DEVELOPMENT PERMIT FOR STREET IMPROVEMENTS TO THE MIMOSA STREET RIGHT-OF-WAY T H E C I T Y C 0 11 N C I L City of. Morro Bay, California CASE NO. CDP 95-89R WHEREAS, The Planning Commission of. the City of. Morro Bay, California, after a duly noticed PUBLIC HEARING on December. 4, 1989, did review and approve a City initiated request for a Coastal Development Permit to allow street improvements to the Mimosa Street right-of-way/easement. Said improvements include the construction of curb, gutter, street paving, drainage improvements and driveway approaches; and WHEREAS, on the 14th of December, 1989 Geraldine Price did appeal the Planning Commission's action to the City Council; and WHEREAS, on the 22nd day of January, 1990 the City Council of the City of Morro Bay did at the request of the appellant continue the hearing to the 26th day of February; and WHEREAS, on the 26 February 1990, the City Council did again, at the request of the appellant, continue the hearing to 1.2 March 1990; and WHEREAS, on the 12th day of. March, 1990 the City Council held a duly noticed PUBLIC HEARING to consider the appeal; and WHEREAS, the 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 Mitigated Negative Declaration filed for the project in November 1987 has been reviewed and determined to be adequate for this request, and the recommended mitigations are incorporated as conditions of approval for the CDP; and WHEREAS, at said PUBLIC HEARING, after considering the staff report and the testimony of all persons wishing to testify, the City Council found the following facts and reasons to justify its action: 1. That the project will not be detrimental to the health, safety, comfort, and general welfare of the persons residing or working in the neighborhood; and 2. The project will not be injurious or detrimental to property and improvements in the neighborhood; and 0 City Council Resolution No. 23-90 Page Two 3. The project will not be injurious or detrimental to the general welfare of the City; and 4. Based on the information contained in the staff report, which is incorporated hereto by this reference, the proposed project is consistent with the applicable provisions of the Certified Local Coastal Plan and policies of the California Coastal Act. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of. Morro flay, 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. CDP 95-89R, with conditions. PASSED, APPROVED, AND ADOPTED, by the City Council of. the City of. Morro Bay, on the 12th day of March, 1.990, by the following vote to wit: AYES: Baker, Lemons, Odell, Wuriu, Sheetz NOES: None ABSENT: None ARDITH DAVIS, City Clerk CONDITIONS OF APPROVAL Case No. CDP 95-89R STANDARD CONDITIONS 1. This Coastal Development Permit is, granted for the land described in the application and any attachments thereto, and as shown on Exhibit A, and on'file with the Community Development Department. The locations of all buildings and other features shall be located and designed substantially as shown on the aforementioned exhibit, unless otherwise specified herein. 2. Unless the construction or operation of the structure or facility is commenced not later than one (1) year after the effective date of this approval and is diligently pursued thereafter, this approval will automatically become null and void; provided, however, that upon the written request of the applicant, prior to the expiration of this approval, an extension for not more than one (1) additional year may be granted by the Community Development Director, upon finding that the project complies with all applicable provisions of the Morro Bay Municipal Code in effect at the time of the extension request. 3. Any minor change may be approved by the Community Development Director. Any substantial change will require the filing of an application for an amendment to be considered by the Planning Commission. 4. All requirements of any'law, ordinance or regulation of the State of California, City of Morro Bay, and any other governmental entity shall be complied with in the exercise of this approval. 5. Compliance with and execution of .all conditions listed hereon shall be necessary, unless otherwise specified, prior to obtaining final building inspection clearance. Deviation from this requirement shall be permitted only by written consent of the 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. SPECIAL CONDITIONS 6. Prior to initiating the construction of any of the street improvements a surface reconnaissance shall be performed by a qualified archaeologist. l L% Conditions of Approval CDP 95-89R Page Two 7. Project clearing and grading operations shall be monitored by a Native American archaeological technician familiar with the site and archaeological investigator procedures. After clearing and grading, and when construction activity begins, a qualified archaeologist or his/her representative shall be present on —site. (The archaeologist or his/her representative shall inspect any activity which disturbs or displaces any intact soil deposits. In the event significant cultural resources are exposed during significant cultural resources are exposed during construction, the monitor shall be empowered to temporarily halt construction. Work shall be stopped only in the area of the find, and shall be discontinued until a determination can be made regarding the value of''the find. To determine the value of any finds, the monitor shall be permitted a reasonable period of time, approved by the Director, to contact local experts for verification of significant artifacts. In the event that significant artifacts, features, or human remains are uncovered these shall be immediately reported in writing to'the Director and as a result additional mitigation measures may be imposed by the City as outlined in CEQA guidelines, Appendix K. Following completion of all monitoring operations, a final report shall be prepared which documents all archaeological investigations to date of the subject property. I > CA m m O ro jj • RESOLUTION NO. 25-90 46 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, ANNOUNCING,FINDINGS AND DIRECTING THE COMMUNITY DEVELOPMENT DIRECTOR TO GRANT ADMINISTRATIVE EXCEPTIONS TO THE PARKING STANDARDS OF THE MUNICIPAI, CODE FOR TWO YEARS IN DOWNTOWN MORRO BAY T H E C I T Y C O U N C I L City of Morro Bay, California WHEREAS, unlike other commercial areas of Morro Bay, many small businesses in the downtown area of Morro Bay are currently experiencing a period of economic difficulty and decline that is reflected by numerous turnovers in business operations; and WHEREAS, the current economic environment in downtown Morro Bay has resulted in particular hardship for small commercial property owners and the community in general through loss of earnings and loss of revenue; and WHEREAS, many such commercial property owners desire to reverse this trend by investing in and expanding an existing business or through development of new facilities, but are hampered,.in making such improvements by the costs or difficulty in meeting the parking requirements of the cit:y's current parking ordinance; and WHEREAS, the Circulation Element of the General Plan adopted by the City Council in 1988 included a study of the parking situation in the downtown area and concluded that there is no immediate parking shortage; and WHEREAS, a 5—week City pilot program in the summer of. 1987 enforcing the two—hour parking limits posted in the downtown area supports the conclusion that availability of downtown parking is not a current problem; and WHEREAS, removing the burden of the parking requirements from such commercial properties is envisioned by the Council as a means of encouraging improvements and investments in the individual commercial properties with related community wide benefits, so long as there remains an adequate parking supply; and WHEREAS, the City is committed to the implementation of an overall parking management plan for the downtown area designed to provide long—term resolutions to parking requirements, and this plan is currently under preparation by the City, and WHEREAS, the parking exceptions will not constitute a grant of special privilege inconsistent with the parking limitations upon other properties in the vicinity because the parking exception will be equally available to all commercial properties in the area and any beneficiaries of the exception shall be required to participate in any future parking assessment district that may be formed; and WHEREAS, the exceptions will not adversely affect the health, safety or general welfare of persons working or residing in the vicinity because there is not a current parking shortage in the area; and City Council Resolution No. 25-90 Page Two WHEREAS, the exception is reasonably necessary for the full enjoyment of uses per.mi.tted upon the above commercially zoned properties because many business persons are unable to meet the normal parking standard; and WHEREAS, exceptions to the parking ordinance in the downtown area will not adversely affect public access to the shoreline. NOW THEREFORE, BE IT RESOLVED by the City of Morro Bay, that, until June 13, 1992, the Community Development Director shall grant exceptions to the requirements of the parking ordinance pursuant to the provisions of Section 17.44.050 of the Municipal Code; and BE IT FURTHER RESOLVED THAT, the exceptions will apply to new or expanded use of commercially zoned properties in accordance with the various uses allowed in the respective C-1, VS-C, and GO zoning districts with the exception of residential uses or overnight visitor accommodations; and BE IT FURTHER RESOLVED THAT, the area within which exceptions may be granted is the downtown commercial area shown on the attached exhibit which is made a part of this resolution; and BE IT FURTHER RESOLVED THAT, approval of the parking exception will be subject: to contribution to the improvement of the building facade or street amen.i.t:i.es equal to 1.0% of the value of the building improvements proposed. BE IT FURTHER RESOLVED THAT, any applicant receiving the parking exception shall enter binding agreements with the City to not protest t:hei.r. Inclusion in any future parking assessment district that may be formed by the City in the downtown area. PASSED, APPROVED, AND ADOPTED, by the City Council of the City of. Morro Bay, on the 26th day of February, 1990, by the following vote to wit: AYES: Baker, Lemons, Odell, Wuriu, Sheetz NOES: None ABSENT: None ARDITH DAVIS, City Clerk I RESOLUTION NO. 24-90 A RESOLUTION OF THE CITY COUNCIL OF THE. CITY OF MORRO BAY, CALIFORNIA, ANNOUNCING FINDINGS AND UPHOLDING THE, ACTION BY THE. PLANNING COMMISSION APPROVING AN AMENDMENT TO A PREVIOUS CONDITIONAL USE PERMIT TO ALLOW A CONVERSION OF A TIME-SHARE. CONDOMINIUM TO A FULL-TIME OWNERSHIP CONDOMINIUM T H E C I T Y C 0 U N C I L City of Morro Bay, California CASE NO. CUP 47-89 WHEREAS, the Planning Commission of the City of Morro Bay, California, on the 15th day of January, 1990 held a duly noticed PUBLIC HEARING to consider the request of Ernie Miller for a Conditional Use Permit and Coastal Development Permit to amend a previous Conditional Use Permit converting a time-share condominium project to allow full-time ownership, located at 645 Morro Avenue, in the R-2/PD/S.4 Zone, more particularly described as: APN 66-301-60 thru 73 Lots 1-13, Tract 951; City of. Morro Bay County of San Luis Obispo State of California, WHEREAS, at a PUBLIC HEARING the Planning Commission did on the 15th day of January, 1990, approve the 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 Negative Declaration for purposes of the California Environmental Quality Act; and WHEREAS, on the 25th day of January, 1990, Elenor Redman did appeal the Planning Commission action; WHEREAS, on the 26th day of February,p1990, the City Council of the City of Morro Bay, California, held a duly noticed PUBLIC HEARING to consider the appeal; and i WHEREAS, at said PUBLIC HEARING, after considering the Planning Commission's action, the staff report and the testimony of all persons, if any, wishing to testify, the City Council found the following facts and reasons to justify their action in this matter; Resolution No. 24-90 Page Two 1. The establishment, maintenanceor operation of the requested use will not, under the circumstances of this particular case, be detrimental to the health, safety, morals, comfort and general welfare of the persons residing or working in the neighborhood of this proposed use; and 2. The use requested will not be injurious or detrimental to property and improvements in the neighborhood or the general welfare of the City. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Morro Bay, as follows: 1. That the above recitations are true and correct and constitute the findings of the Council on this matter; and 7. That the City Council does hereby uphold the Planning Commission's action and approves ,CASE NO. CUP 47-89. PASSED AND ADOPTED, by the City Council of the City of Morro Bay at a regular meeting held thereof on the 26th day of February, 1990, by the following vote to wit: AYES: Baker, Lemons, Odell, Wuriu, Sheetz NOES: None ABSENT: None --- - -- -- ----- RO E MARIE S Z, ATTEST: ARDITH DAVIS, i--- �ONDITI0NH OF APPROVAL, • Case No. CUP 47-89 STANDARD CONDITIONS 1. This Conditional Use Permit and is granted for the land described in the application and any attachments thereto, and as shown on Exhibit A. and on file with the Community Development Department. The locations of all buildings and other features shall be located and designed substantially as shown on the aforementioned exhibit, unless otherwise specified herein. 7. 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 Hay 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, andlany other governmental entity shall be complied with in the exercise of this approval. 5. The applicant, as a condition of approval, hereby agrees 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 this approval by the City of the applicant's project; or applicants failure to comply with conditions of approval. This condition and agreement shall be binding on all successors and assigns. 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. 7. 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. CUP 47-89 Conditions of Approva� Page Two SPECIAL CONDITIONS 8. Thie approval does not authorize the use of this project for transient occupancy. The current use of's�the units for motel purposes is in violation of the original approval and current zoning. Transient rental of the units shall be discontinued. 9. The original Coastal Development Permit shall be amended by the State Coastal Commission. 10. Revised CC&R's and HOA documents shall be submitted to the City for review and approval prior to recordation. 11. Prior to final occupancy, the applicant shall convert the manager's living unit back to storage space as was approved with the original application. 12. In accordance with Morro Bay Municipal Code Section 16.16.030 - Parkland Dedication Requirements, the subdivision will require payment of an in -lieu fee. Anticipated in -lieu fees are estimated as $9603.18. Note that the applicant's actual in -lieu fees will be determined at the time they are paid. The fee then could actually vary with the average value of an acre of land. Also, note the applicant may employ an appraiser acceptable to the City to provide an alternative value figure per acre for the proposed subdivision. 13. 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F�' I I /✓✓ram: �" TYPICAL UNIT TYPED LAYOUT 1 �c r/5 ce6 9 ��c SrI s o) G//J crw u/�. evert hON GU/g G�9/tiPO� LAG/GOON/A 434fl/ rirc�: A' 0 RESOLUTION NO. 22-90 A RESOLUTION DESIGNATING THE INTERSECTION OF KENNEDY WAY/DUNES STREET/SHASTA AVENUE A STOP INTERSECTION AND DIRECTING THE INSTALLATION OF STOP SIGNS ON ALL APPROACHES THERETO THE CITY COUNCIL City of Morro Bay, California WHEREAS, Section 21354 of the California Vehicle Code permits the City of Morro Bay to designate any intersection under its sole jurisdiction a stop intersection; and WHEREAS, paid designation allows for the installation of stop signs on all approaches thereto; and WHEREAS, it has been determined to be in the best interest of public health and safety to cause said installation; NOW THEREFORE, BE IT RESOLVED by the City Council, City of Morro Bay, California, that the intersection of Kennedy Way/Dunes Street/Shasta Avenue is hereby designated a stop intersection; and BE IT FURTHER RESOLVED that the City Engineer be authorized and directed to cause the installation of stop signs and legends at all approaches to this intersection. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held thereof on the 26th day of February 1990, by the following vote: AYES: Baker, Lemons, Odell, Wuriu, Sheefz NOES: None ABSENT: None ABSTAIN: None ATTEST: . '4� �� ITH DAVIS, City Clerk ROSE MARIE SHE Z, Mayor 7, o RESOLUTION NO. 21-90 RESOLUTION AUTHORIZING INSTALLATION OF 20-MINUTE PARKING LIMIT ZONE ON THE SOUTH SIDE OF DUNES STREET WEST OF MAIN STREET 11 T H E C I T Y C 0 U N C I L City of Morro Bay, California WHEREAS, the City received a request to place restrictions on on -street parking in this area; and WHEREAS, the Street Advisory Committee considered this item and recommended the placement of fifty-four (54) feet of twenty - minute parking zone; and WHEREAS, pursuant to Morro Bay Municipal Code Section 10.36.050 the City Council may be resolution designate limited time parking on any street under its sole jurisdiction; and WHEREAS, it has been determined to be towards the public benefit to establish limited time parking in this area. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay that a twenty (20) minute parking time limit be established on the south side of Dunes Street west of Main Street as follows: Commencing at the southeast curb return on Dunes Street at Main Street, a distance of forty-five feet to the commencement of said parking restriction, thence a distance of fifty-four (54) feet to the terminus of said restriction; and BE IT FURTHER RESOLVED, that the City Engineer be authorized and directed to cause the installation of appropriate signs and/or markings to reflect this restriction. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held on the 13th Day of February, 1990, by the following vote: AYES: Baker, Lemons, Odell, Wuriu, Sheetz 11 NOES: None ABSENT: None ATTE S ARDITH DAVIS, City Clerk MD)P)20 _ A .- Exrs4. 2 - hour zone MAIN IRS AVE. N 11 zg MITI S ST. nII V 6 • RESOLUTION NO. 20-90 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, ACCEPTING A 1989 STATE COMMUNITY DEVELOPMENT BLOCK GRANT AWARDED FOR THE REHABILITATION OF LOW-INCOME HOUSEHOLDS AND DESIGNATING THE CITY ADMINISTRATOR TO EXECUTE THE GRANT FOR THE CITY T H E C I T Y C 0 U N C I L City of. Morro Bay, California WHEREAS, the California Department of Housing and Community Development has made available in 1.989 certain block grant monies to non -entitlement jurisdictions on a competitive basis for the furtherance of housing, revitalization of communities, and related priorities of. the State; and WHEREAS, on 24 April, 1989, by City Resolution No. 47-89, the City Council of Morro Bay did review and authorize the submittal of a City application for Community Development Block Grant funds for continuation of the previous successful Housing Rehabilitation Loan Program; and WHEREAS, by way of letter dated December 22, 1989 the City of Morro Bay was informed of the award of $500,000 in Community Development Block Grant funds for the purposes specified in the City's grant application; and WHEREAS, the City has now received the formal grant agreements from the State and commencement of the program is contingent upon the City Council accepting the grant and authorizing a designated official to execute the grant agreement. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Morro Bay, California, does hereby accept a grant in the amount of. $500,000 from the 1989 State Community Development Block Grant Program (#89-STBG-399) for the rehabilitation of low- income household, owner -occupied and rental housing in Morro Bay; and BE IT FURTHER RESOLVED the City Council of the City of Morro Bay, California, does hereby authorize and direct the City Administrator to execute the Grant Agreement for Contract #89-STAG-399, and to act on the Ci.ty's behalf in all matters pertaining to this grant program and agreement. PASSED, APPROVED, AND ADOPTED, by the City Council of the City of Morro Bay, on the 13th day of February, 1990, by the following vote to wit: AYES: Baker, Lemons, Odell, Wuriu, Sheetz NOES: None ABSENT: None OSE MARIE SHEETZ, Mayor RD'I H DAVIS, City Clerk R E S O LUT = ON MC:)- 1 1 9— 9 0 RESOLUTION OF THE MORRO BAY CITY COUNCIL CO -SPONSORING THE NOMINATION OF THE -SUN -BULLETIN NEWSPAPER AS MEDIA SENIOR ADVOCATE OF THE YEAR T H E C I T Y C O U N C I L City of Morro Bay, California WHEREAS, the California Commission on Aging and the California Aging Network are sponsoring an awards program to rec- ognize those who by their "words, deeds, and example" have proven themselves to be outstanding advocates' for the four million Californians over the age of 60; and WHEREAS, the Advisory Council of the Area Agency on Aging has nominated the Sun -Bulletin Newspaper as Media Senior Advocate in this year's awards program; and WHEREAS, last year the Sun -Bulletin Newspaper was honored as Media Senior Advocate of the Year during Older Americans' Month celebration in San Luis Obispo County; and WHEREAS, the Sun -Bulletin Newspaper,meets the criteria for this nomination by demonstrating: 1) a sensitivity to the senior population by printing articles and editorials on the needs and concerns of seniors in the local area; 2) leadership in advocat- ing for unmet needs of seniors and publicizing those programs currently available to serve the older population; 3) the talent to communicate vigorously and clearly with seniors by developing a special senior section published monthly to give extra atten- tion to the senior issues, programs and activities in the area; and 4) the expertise to use fresh and creative ways of getting the message across by providing continual coverage of the many seniors who are elderly, active, and living productive lives as a positive reinforcement of the image of older citizens and their contributions to the community; and WHEREAS, the Morro Bay City Council1wishes to join the Area Agency on Aging and other organizations in co -sponsoring this nomination. NOW, THEREFORE, BE IT RESOLVED that the Morro Bay City Council does hereby co-sponsor and nominate the Sun -Bulletin Newspaper for Media Senior Advocate of the Year in the 1990 Advocacy Awards; and, urges the California Commission on Aging and the California Aging Network to recognize the valuable service the Sun -Bulletin Newspaper provides for the citizens in the San Luis Obispo County coastal area by awarding it the Senior Advocacy Award, Media Advocate of the Year. Ll Resolution No. 19-90 Page Two PASSED AND ADOPTED by the Morro Bay City Council at a regu- lar meeting thereof held on the 13th day of February, 1990 on the following vote: AYES: Baker, Lemons, Odell, Wuriu, Sheetz NOES: None ABSENT: None ATTEST: AR ITH DAVIS, City Clerk g/senadv RESOLUTION NO. 18-90 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, CALIFORNIA, ADOPTING A WATER ALLOCATION PROGRAM AND AVAILABILITY FEES FOR 1990 T H E C I T Y C 0 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 know 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 December 13, 1989 and on December 18, 1989, the Water Advisory Board and Planning Commission of the City of Morro Bay, respectively, did review the Director's report on the 1989 Water Allocation Program and proposed 1.990 Water Allocation Program and did forward recommendations on the same to the City Council of the City of Morro flay; and WHEREAS, on January 8th and 22nd, 1.990 the City Council did hold duly noticed PUBLIC HEARINGS on the proposed 1990 Water Allocation Program and suggested limits for 1990 under Ordinance Number 266. NOW, THEREFORE, BE IT RESOLVED, as follows: 1. The City Council of the City of Morro Bay hereby receives and accepts the 1989 Annual Water Report as submitted by the Community Development Director and attached hereto; and 2. A Water Allocation Program for 1990 is hereby adopted by the City Council of the City of Morro Bay containing the following elements: a. The multi -phased mandatory water conservation program established by Ordinance No. 352, shall be continued as a means of responding to short-term water supply problems. b. A building program for 1990 shall be permitted consistent with the limits established by Measure F and subject to future water awards by the City Council. A 70 unit residential development limit is set for 1990, of which 50 shall be for single family residences and 20 for multi- family units. City Council Resolution No. 1890 Page Two C. Release of any portion of the 1990 allocation shall be withheld until March 26, 1990 at which time the City Council shall consider a first quarter award d. The "blend" program which utilizes pipeline water savings for 50% of the water required for new development shall be available in 1990. The remaining 50% of water required shall be obtained by each applicant using the off -site retrofit program. e. The offsite water fixture(s) retrofit program savings ratio is adjusted to require a 2:1 savings be demonstrated for each new project. Installation of 1..5 gallon flush toilets is required in all new development, and retrofit of existing 3.5 and 5 gallon toilets is encoura'ged in order to conserve the Ci.ty's water supply and extend ,the life of the retrofit program. f. Availability fees for the water equivalency program are modified to delete the "credit" now provided for the retrofit program. The combined fee for all water and sewer connections is hereby set at $6,325.00, as follows: FEES PER WATER EQUIVALENCY' Water Availability Charge $3,575.00 Sewer Availability Charge _2,750.00 Total', $6,325.00 PASSED, APPROVED, AND ADOPTED, by the City of Morro Day City Council, at a regular meeting held on this 13th day of February, 1990, by the following vote: AYES: Baker, Lemons, Odell, Wuriu, Sheetz NOES: None ABSTAIN: None ABSENT: None ROSE MARIE S ETZ, Mayor ATTEST: RA DITH�Cork 4 MINUTES - MORRO BAOITY COUNCIL • REGULAR MEETING - MARCH 26, 1990 PAGE 9 by,today's standards. May\5/81eter. asked if this option is viable? Mr. Nichols stated he to research the matter before responding. Ms. Burt staare approximately 1,000 meters in the residential catthe use is not residential, it could require larger thaeter.Cour mons suggested the Council Sub -Committee review- ingcha ed with looking into this option. Mayor Sheetz openedNt-he hearing to the public for comments. Nancy Bast, 450 Fairy w, asked what the requirements are for lifeline rates? Ms. Bur responded; the basic requirement is the income level of the indiv\'ncome amily and proof of same. Ms. Bast stated many peoprenting pay they water bills through the rent; those ome who pay their rent in this manner will not have thety to apply for the lifeline rate. Mary Phillips, Ironwoont d "the program sounded "socialistic" and discriE ryone should pay their share; this program helpn wel re while she tries to save water. Mayor Sheetz closed the hearing to the public: MOTION: Councilmember Lemons moved for the ado ion of Resolu- tion No. 36-90 including the amendment ted by Coun- cilmember Lemons. The motion was secon d by Coun- cilmember Baker. Councilmember Wuriu pointed out this action results in an increase that is less than intended by `'Council at thei last meeting. D-4 CITIZEN'S PRESENTATION FOR AMENDMENT'JOF EFFECTIVE DATE FOR IMPLEMENTATION OF RECENTLY INCREASED WATER AND SEWER AVAIL- ABILITY FEES (STEVEN J. BLAUT, D.C.) Mr. Napper stated in February 1990, Council approved a staff rec- ommendation to eliminate the credit in water availability fees to developers who earn their water through the retrofit program. This resulted in revised water and sewer availability fees from $4,268.75 to $6,325 and became effective i4 February 1990. Mr. Blaut is requesting Council reconsider their action and rescind the Resolution's application to those awarded water in 1989. MINUTES - MORRO B*ITY COUNCIL U • REGULAR MEETING - MARCH 26, 1990 PAGE 10 Dr. Blaut stated the question is whetherithose people left over from the 1989 water awards should be charged the new fee or the old fee? He stated there was no advance notification to those with pending building permits of the new fee increase. Mayor Sheetz opened the hearing to the public for comments. Farris* II Dick Fisher, 446 Shasta, stated he believed because of his appli- cation for full retrofit, he should notllbe subject to the new fees. He was informed there was no pointl in continuing with his last two retrofits because he would not be given credit for them and would have to pay the increased fees.11 Mayor Sheetz closed the hearing to the public. 11 Councilmember Baker stated he agreed with the increase in fees; however, he was under the impression they only applied to 1990 permits. He agreed with Dr. Blaut andl'Mr. Farris; those who received water awards in 1989 should li;not have to pay the increased rate. Councilmember Wuriu asked if it is the ilpolicy of the City to notify people when a rate change is beingiconsidered? Mr. Farrel stated it is not customary to notify individuals; newspaper pub- lication of the agenda is considered adequate notice. Councilmember Wuriu was concerned the Council would be setting a precedent if they waived fees in this liinstance. Mr. Napper stated Council could clarify their intention the rates be applied to 1990 users. He noted the City does Ilnot forewarn people of increases in fees; some people follow City Council actions and knew the increase was imminent. Councilmember Baker did not consider Tithe new fees a rate increase; it was action to eliminate credit for retrofits. Mr. Napper agreed. Mr. Farrel commented perhaps those doing full retrofit projects should have been notified, since continuing to retrofit under the new fee structure is wasting their money. ii Councilmember Baker suggested setting a time limit for those who were awarded water to obtain their building permits under the 1989 rates. Councilmember Lemons stated he may have !,assumed the rates only applied to 1990 permits; however, he islreluctant to allow the 1989 applicants any longer than 01 July 1990 to pull their per- mits at the 1989 fee rate. MOTION: Councilmember Baker moved thoseli remaining on the 1989 water award list be allowed until 30 June 1990 at the close of the business day to pull their building per - *Corrected 4-9-90 meeting. 1 'MINUTES - MORRO BITY COUNCIL REGULAR MEETING - MARCH 26, 1990 PAGE 11 mits with the 1989 fees applicable. The motion was seconded by Councilmember Wuriu Mr. Napper suggested the motion include amending Resolution No. 18-90 to include this action. Councilmember Baker- amended motion to include, this action as an amendment to Resolution No. 18-90 !which adopted the new fees. The amendment was accepted by Councilmember Wuriu. lI Councilmember Odell stated $2,000 out of the cost of construction is not a lot of money. He said Council is raising everyone's water rates and then gives this money away; he cannot support the motion. 11 Mayor Sheetz commented Council is drowning in water issues. The City has tried every time to save water, and maybe it has become over -zealous. Perhaps the Council is being too hasty in trying to pursue water, and needs to review resolutions more closely. D-5 The motion carried with Councilmember Odell voting no. (4-1) DAa ILL` nP I QUn VDTU!_ f1VWMFD /ttDL/'TRTO OnWCT CUnVnTW! DT.99atl\ 88; CONCEPT FL& CUF 05-8 R Mr. Farrel stated staff as returned with a draft Resolution based on Council's directio at the lastlimeeting to approve the Concept Plan and Coastal Deve ment Permit, and certify the EIR for the Pacific Coast Shopping P za. Mayor Sheetz stated there will be no ubl�ic hearing this evening as it was closed at Council' last meet, ( Councilmember Wuriu stated he had one cl cil to consider for Special Condition #1 the feathering and sloping of land outsi has discussed this issue with the City A she would be better able to defend the C an amendment is made to the condition. Special Condition #1 is to the last se tions; after the word "exceptions" add 11 IN a would like Coun- tdue to he concerns over e the bo dary area. He torney, an he believes ty's action , courts if His proposed nge on fence before the cep- �1 and subject to st 0 RESOLUTION NO. 17-90 A RESOLUTION AUTHORIZING PUBLIC AREA USE PERMIT NOS. 413 AND 414 FOR SPECIAL HARBOR USE BY CAL POLY CREW TO HOLD REGATTAS ON FEBRUARY 24 AND MARCH 41 1990 T H E C I Y C O U N C I L City of Morro Bay, California WHEREAS, Morro Bay Municipal Code requires Council authorization of special uses in the harbor; and, WHEREAS, Cal Poly Crew is sponsoring two (2) regattas on February 24 and March 4, 1990 from 8:OO;a m.- 12:00 noon; and, WHEREAS, Cal Poly Crew has met all conditions and requirements found in the Code 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 or provide acceptable alternatives in controlling 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 Public Area Use Permits for the Cal Poly Crew regattas allowing special use of the harbor from 8:00 a.m. to 12:00 noon on February 24, and March 4, 1990. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held on this 13th day of February, 1990 by the following vote: AYES: Baker, Lemons, Odell, Wuriu, Sheetz NOES: None ABSENT: None ATTEST: ARDITH DAVIS CITY CLERK d- RESOLUTION NO. 16-90 A RESOLUTION DECLARING SAN JACINTO STREET FROM MAIN STREET TO IRONWOOD AVENUE A THROUGH HIGHWAY AND DIRECTING INSTALLATION OF STOP SIGNS AT ALL INTERSECTING STREETS THE CITY COUNCIL City of Morro Bay, California WHEREAS, Section 21354 of the California Vehicle Code permits the City of Morro Bay to designate any street under its jurisdiction a through highway; and WHEREAS, said designation allows for the installation of stop signs at entrances thereto; and WHEREAS, it has been determined to be in the best interest of public health and safety to erect stop signs at said entrances. NOW, THEREFORE, BE IT RESOLVED by the City Council, City of Morro Bay, California that San Jacinto Avenue from main Street to Ironwood Avenue, inclusive, is hereby designated as a through highway; and BE IT FURTHER RESOLVED that the City Engineer be authorized and directed to cause the installation of stop signs at all entrances to this street segment. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held thereof on the 13th day of February, 1990, by the following vote: AYES: Baker, Lemons, Odell, Wuriu, Sheetz NOES: None ABSENT: None ABSTAIN: None ATTEST: ARDITH DAVIS, City Clerk A `, A f 01" 1 RESOLUTION NO. 15-90 AWARDING OF AN INTERIM LEASE FOR LEASE SITES 49/49W TO ASSOCIATED PACIFIC CONSTRUCTORS, INC. FOR A MAXIMUM TERM OF THREE YEARS 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 49/49W and; WHEREAS, the lease sites are currently vacant pending an option to lease by Morro Bay Estuary Center, Inc. subject to funding for a proposed environmental research center, and; WHEREAS, Associated Pacific Constructors Inc. is currently the lessee of the three lease sites adjacent to lease sites 49/49W and; WHEREAS, Associated Pacific Constructors, Inc. desires to utilize the lease sites for temporary mooring of vessels or marine construction equipment; and WHEREAS, the City desires to keep the lease sites productive; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Morro Bay hereby awards a three year interim lease of lease sites 49/49W to Associated Pacific Constructors, Inc. subject to receipt and approval of executed documents as required 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 13th day of February, 1990, by the following vote: AYES: Baker, Lemons, Odell, Wur NOES: None ABSENT: None ARDITH DAVIS, CITY CLERK • RESOLUTION NO. 14-90 • RESOLUTION APPROVING A JOINT POWERS AGREEMENT CREATING THE SAN LUIS OBISPO REGIONALITRANSIT AUTHORITY THE CITY COUNCIL City of Morro Bay, California WHEREAS, the San Luis Obispo Area Coordinating Council (SLOACC) voted on May 10, 1989 to consolidate all regional public transit systems into a single organization to be known as the San Luis Obispo Regional Transit Authority (SLORTA) to provide regional public transportation services in San Luis Obispo County; and WHEREAS, the composition of the governing body for SLORTA is the same as that of SLOACC, of which the City of Morro Bay is a member; and WHEREAS, to effect said consolidation, it is necessary for all affected local public agencies to enter into a Joint Powers Agreement (JPA) creating SLORTA; and WHEREAS, it is in the public interest for the City of Morro Bay to participate in SLORTA to optimize the potential for reducing air pollution and traffic congestion through a more coordinated, efficient, and effective County -wide public transportation system; and WHEREAS, the City of Morro Bay hereby understands that SLOACC intended Article V, Section 1 of the proposed SLORTA JPA relating to the withdrawal of members to operate in the same manner as Article IV, Section 1 of the Central Coast Regional Transit Authority JPA. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay to approve the SLORTA JPA, attached hereto as Exhibit A and incorporated herein by reference, and authorize ,`the Mayor to sign. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof held on the 22nd day of January, 1990 by the following vote: AYES: Baker, Lemons, Odell, Wuriu, Sheetz NOES: None ABSENT: None /ROSE MARIE SffiEETZ, Ma ter ATTEST: ARDITH DAVIS, City Clerk MCU/lc T90-1:R14-90 I: RESOLUTION NO.13-90 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, CALIFORNIA ANNOUNCING FINDINGS AND UPHOLDING THE ACTION BY THE PLANNING COMMISSION AND DENYING A SIGN EXCEPTION REQUEST T H E C I T Y C 0 U N C I L City of Morro Bay, California CASE NO. SIGN 04-89 WHEREAS, the Planning Commission of the City of Morro Bay, California, on the 20th day of November, 1989, held a duly noticed PUBLIC HEARING to consider the request of McDonald's Corporation to allow an addition to an"existing non -conforming sign located at 899 Quintana Rd., in the C-2 zone, more particularly described as: APN 66-281-62 Portion of Lot 10, RHO San Bernardo City of Morro Bay. County of San Luis Obispo State of California WHEREAS, at said PUBLIC HEARING, the Planning Commission did on the 20th say of November, 1989, deny the request; and WHEREAS, the Environmental Coordinator determined that the project will not result in a significant adverse impact on the environment, and, therefore, qualifies 'ilfor the filing of a Negative Declaration for purposes of the California Environmental Quality Act; and WHEREAS, on the 30th day of November, 1989, McDonald's Corporation did appeal the Planning Commission action; and WHEREAS. on the 22nd day of January 1990, 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 Planning Commission's action, the Staff Report and the testimony of all persons, wishing to testify, the City Council found the following facts and reasons to justify its action in this matter; That the exception requested will be detrimental upon other properties in the vicinity in which the subject property is situated, and on the neighborhood and community in general. The alteration and expansion based on approval of the exception will worsen conformance with City ordinances, and will be contrary to the purposes oCthe Sign Ordinance, and the City's General Plan. i • • RESOLUTION NO. I3-90 PAGE TWO 3. The proposed sign has the potential to obscure or detract from existing nearby signs,jand will unduly intrude upon adjacent properties and uses. 4. Approval of the exception would set a precedent which would have the potential for undermining the basic purpose and intent of the City's sign policies and codes. 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 Council does hereby uphold the Planning Commission's action and deny Case N0. Sign 04-89. PASSED, APPROVED, AND ADOPTED, by the City Council of the City of Morro Bay on the 24th day of January, 1990, by the following vote to wit: AYES: Odell, Wuriu, Sheetz NOES: Baker, Lemons ABSENT: None SHEEtZl- ayor ATTEST: M IF i RESOLUTION NO, 12-90 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO DAY, CALIFORNIA ANNOUNCING FINDINGS AND UPHOLDING THE ACTION BY THE PLANNING COMMISSION AND DENYING A SIGN EXCEPTION REQUEST T H E C I T Y C 0 U N C I L City of Morro Bay, California CASE NO. SIGN 02-89 WHEREAS, the Planning Commission of the City of Morro Bay, California, on the 18th day of November, 1989, held a duly noticed PUBLIC HEARING to consider the request of McDonald's Corporation for a sign exception permit,for property located at 940 Morro Bay Blvd, in the C-1/S.4 zone, more particularly described as: APN 66-076-19 Lot 2, Block 12 Morro Heights City of Morro Bay, County of. San Luis Obispo State of California WHEREAS, after said PUBLIC HEARING,ithe Planning Commission did on the 18th day of November 1989, deny the request; and l 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 20th day of December 1989, McDonald's Corporation did appeal the Planning Commission action; and WHEREAS, on the 22nd day of January 1990, the City Council of the City of Morro Bay, California, held a duly noticed PUBLIC HEARING to consider the appeal; and p WHEREAS, at said PUBLIC HEARING, after considering the Planning Commission's action, the staff report and the testimony of all persons, wishing to testify, the City Council found the following facts and reasons to justify 'their action in this matter; 1. That the exception requested will be detrimental upon other properties in the vicinity in which the subject property is situated, and on the neighborhood and community in general. RESOLUTION NO. 12-90 PAGE. TWO 2. The exception will be contrary to the purpose of the Sign Ordinance, and the City's General Plan. 3. The proposed sign program has the potential to obscure or detract from existing nearby signs, and will unduly intrude upon adjacent properties and uses. 4. The proposed sign program is excessive given the site's location on the City's primary entryway. 5. Approval of the exception would set a precedent which would have the potential for undermining the basic purpose and Intent of the City's sign policies and codes. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Morro Bay, California, as follows: 1. That the above recitations are (true and correct and constitute the findings of the Council in this matter; and, 2. That the Council does hereby uphold the Planning Commission's action and deny Case No. SIGN 02-89. PASSED, APPROVED, AND ADOPTED, on ,the 24th day of January, 1989, by the following vote to wit: AYES: Odell, Wuriu, Sheetz NOES: Baker, Lemons ABSENT: None ATTEST: /... W Z---� -� 0 RESOLUTION NO. 11-90 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, CALIFORNIA ANNOUNCING FINDINGS AND UPHOLDING THE ACTION BY THE PLANNING COMMISSION DENYING A CONDITIONAL USE AND COASTAL DEVELOPMENT PERMIT TO ALLOW A FAST FOOD AND DRIVE-THRU RESTAURANT T H E C I T Y C 0 U N C I L City of Morro Bay, California CASE NO. CUP 46-89/CDP 69-89R WHEREAS, the Planning Commission of the City of Morro Bay, California, on the 20th day of November, 1989, held a duly noticed PUBLIC HEARING to consider the request of McDonald's Corporation to allow a drive-thru restaurant to be .located at 940 Morro Bay Blvd., in the C-1/S-4 zone, more particularly described as: APN 66-076-19, Lot 2, Block 12 Morro Heights, City of Morro Bay County of San Luis Obispo, State!,of. California WHEREAS, at a PUBLIC HEARING the Planning Commission did on the 18th day of December, 1989, deny the 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 20th day of December, 1989, McDonald's Corporation did appeal the Planning Commission action; and WHEREAS, on the 22nd day of January;. 1990, 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 Planning Commission's action, the staff report and the testimony of all persons, if any, wishing to testify, the City Council found the following facts and reasons to ';justify their action in this matter; 1. Thn n®tablishment, maintenance or operation of the requested use will be detrimental to the health, safety, comfort and general welfare of the persons residing or working in the neighborhood of this proposed use, based on the following factors: J RESOLUTION NO. 11 0 PAGE TWO a, `traffic and circulation concerns can not be adequate addressed and are unacceptable to the community based on the location of the site directly at the Morro Bay Blvd. and Quintana Road intersection. b. The project would have an unacceptable and unavoidable detrimental effect on air quality in,the area because of the emissions generated by automobiles waiting in the drive-thru facility. C. The solid waste and litter generated by the project is not acceptable and would have unavoidable adverse effects on the quality of life in the community? 2. The use requested will be injurious or detrimental to proporty and improvements 'in thei neighborhood and the general welfare of the City, based on the following factors: A. The air quality effects notedi above would also be detrimental to adjacent land uses and properties. 11 b. The solid waste and litter control problems noted above would also be detrimental to land uses and properties in the neighborhood. j C. Overall, the intense nature of a fast food drive-thru restaurant, is not appropriate at this location and represents a negative and unacceptable land use relative to the 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 uphold the Planning Commission's action and deny Case No: CUP 46-89/CDP 69-89R. PASSED, APPROVED, AND ADOPTED, by the City Council of the City of Morro Bay on the 24th day of January, 1990, by the following vote to wit: j AYES: Odell, Wuriu, Sheetz NOES: Baker, Lemons ABSENT: None ATTE, . R'4®�A9TS , city e r c7 • PLANNING COMMISSION RESOLUTION NO. 09-90 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, ANNOUNCING FINDINGS AND DENYING AN APPEAL AND MAKING A MINOR MODIFICATION TO THE PLANNING COMMISSION'S CONDITIONS OF APPROVAL FOR A CONDITIONAL USE PERMIT (PRECISE PLAN) TO PERMIT THE EXPANSION OF A COMMERCIAL FISHING FACILITY T H E C I T Y C 0 U N C I L City of Morro Bay, CAlflironia CASE NO. 08-89 (Precise, Plan) WHEREAS, the Planning Commission of the City of Morro Bay, California, after a duly noticed PUBLIC HEARING on the 6th day of November, and the 4th day of December, 1989, did review a request by Mike DeGarimore for a Conditional Use Permit (Precise Plan) to allow the expansion of a commercial fishing facility, located at 1001 Front Street, in the WF/PD zone. WHEREAS, on the 4th day of December, 1989 the Commission did conditionally approve the request; and WHEREAS, on the llth day, December, 1989, Steven L. Wise, on behalf of the applicant, did appeal the Planning Commission's conditions of approval; and WHEREAS, the City Council of the City of Morro Bay on the 22nd day of January, 1990, did hold a duly noticed PUBLIC HEARING to consider the appeal; and WHEREAS, said project has complied with the City of Morro Bay objectives, criteria and procedures for implementation of the California Environmental Quality Act, (CEQA), in that a Negative Declaration has been determined and no further documentation is deemed necessary. WHEREAS, at said PUBLIC HEARINGS, after considering the staff report and the testimony of all persons, if any, wishing to testify, the City Council found the following facts and reasons to justify their action: 11 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 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. 09-90 Page Two 3. Would measurably improve the visual quality of the site by enclosing or removing present onerous 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 5. Would further contribute to the economic health of the waterfront commercial community, providing sustained increased employment opportunities; 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 Commission in this matter; and, 2. That the Council does hereby deny the appeal and uphold the Planning Commission's conditions of approval for Case No. CUP 08-89 (Precise Plan) subject to a minor modification to special 'condition 016 to requir all landscaping to be drought resistent. PASSED, APPROVED, AND ADOPTED, by the City Council of the City of Morro Bay, on the 22nd day of January, 1990, by the following vote to wit: AYES: Baker, Lemons, Odell, Wuriu, Sheetz NOES: None ABSENT: None , ayo ATTE y Clerk NN pp aaFF pppp vv� �> CUCeeelR S CDPA08Rg9AL STANDARD C®NDIT100 11 ` hig Conditional llg@ ftrmit ig dram:@di €@r th@ lend de@crlbed 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. The applicant, as a condition of approval, hereby agrees 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 this approval by the City of the applicant's project; or applicants failure to comply with conditions of approval. This condition and agreement shall be binding on all successors and assigns. 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. 7. 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. Conditions of Approval CUP 08-89 Page Two SPECIAL CONDITIONS 8. Applicant shall, prior to final occupancy approval, reconstruct existing driveways and sidewalks in the public right—of—way as shown on the approved site plan and in accordance with City Standard Drawings and Specifications at no cost to the City. Any private property underlying the improved sidewalks on Front Street shall be offered for dedication to the City prior to final occupancy approval. 9. Drainage improvements for the project. shall be as shown on the approved site plan. Drainage systems emptying into Morro bay shall be fitted with grease traps. 1.0. Applicant shall submit, prior to building 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. 11. 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. 12. Fire protection shall be provided as follows: a. Demolition of any structures shall be coordinated with the Fire Chief and Chief Building ',Inspector 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; 1 1 Conditions of Approval CUP 08-89 Page Three 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. 13. A total of 33 parking spaces shall be provided on -site as shown on the site plan. Parking spaces 17 and 18 on the wharf shall be eliminated. The parking lot shall be open for general public usage daily from 8:00 a.m. to 6:00 p.m. and the Fire Department shall be provided keys in a "Knox Box" to all gated entrys. 14. The "as built" design shall conform to the site plan, floor plans, and elevations approved as part of this permit. The maximum height of all structures shall be 25 feet. 1.5. 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 include the entire wharf adjacent to the parking lot and 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 not less than 5 feet in clear (unobstructed) width throughout its length shall include a 15'xl5' observation area at the west side and shall be available for use at all times. In addition, the picnic table area adjacent to the south accessway shall be available for general public use (not just customers) at no charge. The public access sites shall be identified by small unobtrusive 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. 16. Plans for landscaping, signing, exterior building materials and colors, lighting, trash enclosures, benches and seating, railings, and any other exterior improvements shall be substantially conform to the approved Precise Plan subject to the following clarifications: . - Drought resistant tree species to be approved by the Director shall be placed in all locations showing trees. Landscaping in and adjacent to parking areas shall be as shown on the site plan except landscaping shall also be provided in front of. the Shirt Shop acid Coffee Pot Restaurant between the back of the sidewalk and the parking stalls. All landscaping shall be drought resistant. Conditions of Approval CUP 08-89 Page Four - Prior to issuance of building permits, the applicant shall resubmit a revised sign program complying with Section 17.68 and meeting the following general provisions: - signing on the west frontage (waterside) shall be as shown on the approved site plan; - signing on the east, north and south building frontages shall be limited to a total of 266 sq. ft. in the event the existing pole sign is retained; or - signing may total 533 sq.f.t. if the pole sign is removed and only wall signs are utilized. All lighting on the site should be downcast and shielded to reduce glare. Existing lighting in the building that is to be retained shall be modified to" meet this standard. All lighting fixtures shall be approved by the Director prior to issuance of the building permit. 17. Applicant shall obtain a sign permit prior to the installation of any signs on the site. 18. Water saving devices shall be installed throughout the project and shall be approved by the Chief Building Official. 1.9. All on -site utility service and distribution lines shall be installed underground. 20. If any private improvements are proposed in the public right-of- way, special encroachment permits from[theCity shall be obtained prior to issuance of building permits. 2.1. Existing storage tanks on -site shall;be identified on building plans and shall be reviewed and approved by Director of Public Works to assure no internal conflicts shall arise. 22. 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, 105.2 and 105.1W 23. Former office space located above the Coffee Pot Restaurant and Shirt Shop shall be used only for storage purposes for Central Coast Seafood. No rental or leasing for office use not a part of Central Coast Seafood is permitted. 24. The applicant shall comply with all aspects of the City's performance standards pertaining to noise, light, glare, and vibration, as specified by Section 17.52 of the Zoning Ordinance. CITY ccullciT- alo z /� I c C/ sccrc 14r CENrRAL co�si 5� 1 _ -MI--- ii 11Y 1 , Z: -9 0 m 0 m F GRADING PLAN: DETAILS fl! 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S CENTRALCOAST SEAFOOD EXPANSION 1001 FRONT STREET MORRO RAY CALIFORNIA P ^ASENO. b£S' if!14 o n� ;n 0 n r z7 Y OIL n u n x z o ♦ Sl II ✓ z O a < O \ 1 ► n a n ; LEASK LINE m j o a r r O 7 � O a n \ z I f 1 } A K a _ I N A a a < \ A z vv z 3 Q i oo�� n z 1m L1 T A O A O c x _ E I'm - r O a = —� A •� A r O a v > z czi aor D� O \ m 1 B' GATE I 0 PUBLIC ACCESS W.W TABLES � 4 .♦ 15' HOIST o av z o A ♦ O p O 6_ O A r m > Z < I z A Is S i > O II v O O -A 4- rn I X W a D 1IK - I� z O 3- 0 m s L- N A _ r � .- x a I 3�+y';.v j m m i m i -ai E a ? > < -0 A > Z O O • > • a m o a z a o a F- r 'f z lI, O ' n \a a I I l� Ali x v a m I = z I \O C- _ 1 � f o � O I> d a o x O D M Ira 1 A S a m 1 p `2" Oi > o m a z m > Z O O =O a r - — SCENIRALCOAST EAFOOD EXPANSION _; € 1001 FRONT STREET (;ASE NO t A� F O R N A C � 4 r► l l r*5 19 I ch rn Q U9 o yYQ / 33 y ! 32 31 ���. � ' 30 I35 � 34ML L / c� �J Z CJ r^ � 6-A G� rn 0 ryl 0 D i o • o i I• • W o � 1 A e 1 i CENTRALCOAST SEAFOOD EXPANSION 1001 FRONT STREET MORRO BAY CALIFORNIA D ------------ i R \ 'V Vol4 3 I t _c: C D -m -n r g V z C—) C 4 � l rn o 0 D � r r [ c o A t r x E CENTRALCOAST SEAFOOD EXPANSION 1001 FRONT STREET�✓✓'' 3� a MORROBAY ���%U!rV€ � 3 CALIFORNIA a• I ;fm ,D m m a 0 z o � � O r� 0 a � ^ CENTPALCOAST SEAFCOO EXPANSION 1001 FRONT STREE'i MORRO BAY CALIFORNIA I IA CENTRALCOAST i o SEAFOOD EXPANSION 1001 FRONT STREET MORRO BAY CALIFORNIA :!� r— X f i I E3 'r---- • -�L— • RESOLUTION NO. 06-90 40 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, ANNOUNCING FINDINGS AND APPROVING AN AMENDMENT TO CONDITIONS OF APPROVAL FOR TENTATIVE TRACT 1231 AND CDP 77-87R T H E C I T Y C O U N C I L City of Morro Bay, California WHEREAS, The City Council of the City of Morro Bay on the 8th day of January, 1990, did hold a duly noticed PUBLIC HEARING to consider the request of Jack Loper.ena to allow an amendment to the conditions of approval for Tract 1231. located on the west side of Ironwood, between Mimosa and Avalon in the R-1 zone district; and WHEREAS, the Environmental Coordinator determined that the project is exempt: for purposes of the California Environmental Quality Act; and WHEREAS, at said PUBLIC HEARING, after considering the staff report and the testimony of all persons wishing to testify, the City Council found the following facts and reasons to justify its action: 1. The proposed subdivision as amended, 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 and amended, will not cause significant public health problems or environmental impacts. 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 an amendment to condition #19 as described in the Staff Report and herein incorporated for Tract 1231.. PASSED, APPROVED, AND ADOPTED, by the City Council of the City of. Morro Bay, on the 8th day of January, 1990, by the following vote to wit.: AYES: Baker, Lemons, Wur.iu, Odell NOES: None ABSENT: Sheetz J DELL, Vice -Mayor ARDI H DAVIS, City Clerk ` • CONDITIONS OF APPROVAL 4 TRACT_1231 19. Roof drainage from houses constructed on lots 1. through 5 shall be to the street. Roof drainage from houses constructed on lots 6 through 1.3 may be to the lined drainage swale at the rear of the individual lots. • r RESOLUTION NO. 04-90 A RESOLUTION AMENDING THE 1989/1990 MASTER FEE SCHEDULE TO INCLUDE AN UNREINFORCED MASONRY BUILDING PLAN CHECK AND BUILDING PERMIT FEE T H E C I T Y C O U N C I L CITY OF MORRO BAY, CALIFORNIA WHEREAS, the City Council of the City of Morro Bay, California, adopted Ordinance 366, on the llth day of December, 1989, requiring verification of the structural condition of potential unreinforced masonry buildings (URM's) within the City of Morro Bay and requiring a permit to make structural modifications for all such buildings subsequently determined to be URM's; and 11 WHEREAS, implementation of Ordinance 366 requires professional plan checking services by the City of MOrro Bay Building Official and additional technical assistance by qualified civil engineers; and WHEREAS, the City has reviewed the staff time and costs associated with the processing and approval of plans for alterations to URM buildings; and WHEREAS, this review has determined that a plan review of existing conditions and a subsequent plan review of proposed alterations to URM's be based on the combined hourly costs of the Building Official and the costs an independent licensed consulting civil engineer(s) approved by the Building Official, and said costs shall be borne by the URM owner; and WHEREAS, the same review determined that the cost of a building permit to make alterations to reduce hazards in URM structures be based on the building alterations valuation data namely, Table 3A-Building Permit Fees in,the current U.H.C.; NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Morro Bay, California that the Master Fee Schedule is amended as follows and will be effective January 23, 1990 and, thereafter until changed. FEE SCHEDULE URM PLAN CHECK (CONSULTANT) AT COST URM BUILDING ALTERATION PERMIT PER U.B.C. SCHEDULE PASSED, APPROVED, AND ADOPTED, by the City Council of the City of Morro Bay at a regular meeting held there on the 22nd day of January, 1990, by the following vote to wit: AYES: Baker, Lemons, Odell, Wuriu, Betz NOES: None ABSENT: None Z, Play r ATTEST: A IISTTAy er .ti 1988 EWION • TABLE NO.3-A—BUILDING PERMIT FEES 3-A H TOTAL VALUATION FEE $1.00 to $500.00 $15.00 $501.00 to $2,000.00 $15.00 for'ithe first $500.00 plus $2.00 for each additional $100.00 or fraction thereof, to and including $2.000.00 $2,001.00 to $25,000.00 $45.00 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 addi- tional $1,000.00 or fraction thereof, to and including $50,000.00 $50,001.00 to $100,000.00 $414.50 for the first $50.000.00 plus $4.50 for each addi- tional $1,000.00 or fraction thereof, to and including $100,000.00 $100,001.00to $500,000.00 $639.50 for the first $100,000.00 plus $3.50 for each additional $1,000.00 or fraction thereof $500,001.00 to $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 $3539.50 for the first $1.000,000.00 plus $2.00 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...............................................$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. 19 R E S O LUT = ON N O. 0 3— 9 0 A RESOLUTION SUPPORTING A CALIFORNIA STATE COASTAL CONSERVANCY GRANT TO THE COASTAL SAN LUIS RESOURCE CONSERVATION DISTRICT FOR IMPLEMENTATION OF PHASE I OF THE MORRO BAY WATERSHED PROGRAM T H E C I T Y C O U N C I L City of Morro Bay, California WHEREAS, Morro Bay is identified as an estuary of major environmental significance, providing life support to numerous species of sealife as spawning grounds and nurseries and feeding habitat; and WHEREAS, the wetlands and environs of Morro Bay have been declared a bird sanctuary providing one of the more important stopovers on the Pacific Flyway; and WHEREAS, the integrity of the Morro •Bay estuary is threat- ened by contamination, sewage discharges,, agricultural runoff, sedimentation build-up, and loss of fish and wildlife habitat; and WHEREAS, research performed in connection with the Morro Bay Watershed Enhancement Plan, funded by the California Coastal Conservancy, reveals that Morro Bay is filling in at a rather alarming rate, with the Bay overall having lost 25% of its open water in the last century due to deposition of sediment from the watershed; and WHEREAS, if this process aquatic life, birds, and other gered species) will result as of open water and contributes wide economic impacts; and continues, catastrophic losses of wildlife (including several endan- sedimentation build-up causes loss to adverse recreational and area - WHEREAS, under the direction of the Coastal San Luis Resource Conservation District, recent research into the Chorro and Los Osos Creek drainages produced a Morro Bay Watershed Enhancement Plan which proposes cost-effective solutions to deter excessive sedimentation of Morro Bay; and WHEREAS, Phase I of this Watershed Enhancement Plan suggests land treatments on eroded sites in the identified watershed to retain soil at its source, thereby protecting and preserving the vitality of Morro Bay; and 1 Resolution No. 03-90 Page Two WHEREAS, the Coastal San Luis Resource Conservation District has submitted a project application to implement Phase I in the amount of $637,000, of which the California Coastal Conservancy is petitioned to grant fund $410,000. NOW, THEREFORE, BE IT RESOLVED that the City Council of Morro Bay, California, hereby re -affirms the importance of the 2,500 acres of the Morro Bay estuary as the most extensive and valuable estuarine ecosystem on the central California coast; and encourages efforts to control erosion in the watershed through revegetation, drainage improvements, fencing, and other modified cultivation practices by willing watershed landowners; and BE IT FURTHER RESOLVED that the Morro Bay City Council sup- ports the adoption of the Morro Bay Watershed Enhancement Plan by the California Coastal Conservancy as consistent with the City's Local Coastal Program to be used as a tool to guide projects to reduce sedimentation of Morro Bay; and, the California Coastal Conservancy is hereby petitioned and requested to grant $410,000 to the Coastal San Luis Resource Conservation District for imple- mentation of Phase I of the Morro Bay Watershed Enhancement Plan. PASSED AND ADOPTED by the Morro Bay City Council at a regu- lar meeting thereof held on the Sth day of January, 1990 on the following vote: AYES: Baker, Lemons, Wuriu, Odell NOES: None ABSENT: Sheetz ATTEST: - ARDITH D V S, City Clerk e/mbvtrshd JEFY OffELL , Vice Mayor f 0 RESOLUTION NO. 2-90 RESOLUTION AUTHORIZING AND DIRECTING THE INSTALLATION OF A YIELD SIGN ON JAVA STREET AT BEACHCOMBER AVENUE I T H E C I T Y C O U N C I L City of Morro Bay, California WHEREAS, Section 21356 of the California Vehicle Code authorizes 'local agencies to install yield right-of-way signs; and WHEREAS, Section 10.12.070 of the„Morro Bay Municipal Code provides for said installation by resolution of the City Council; and WHEREAS, it has been determined to be in the best interest of public health and safety to install a yield right-of-way sign on Java Street at the intersection of Beachcomber Avenue. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay that said yield sign installation on Java Street at Beachcomber Avenue is hereby authorized and directed. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held on the 8th Day of January, 1990, by the following vote: AYES: Baker, Lemons, Wuriu, Odell NOES: None ABSENT: Sheetz EF ODELL, Vice Mayor ATTEST: i ARDITH DAVIS, City Clerk 5,41PW ..WooD Loco-f,on 4 Proposed Ye%l 5i9n � Le'y en YIELD E)Anff- 1 0 RESOLUTION NO. 1-90 AWARDING CONTRACT FOR MUNICIPAL WATER SYSTEM LEAK DETECTION PROJECT T H E C I T Y C O U N C I L City of Morro Bay, California WHEREAS, the City of Morro Bay desires to conduct a comprehensive sonic leak detection survey of its entire municipal water system, including transmission lines from the wells, distribution system water mains, fire hydrant laterals and service laterals to the customers' meters; 'and WHEREAS, the City of Morro Bay invited and received proposals from qualified firms to conduct this program; and WHEREAS, the firm of Donohue & Associates, Inc. submitted the lowest -cost responsive proposal satisfying the City's needs; and WHEREAS, the City has sufficient funds budgeted to accomplish the project within the terms established in Donohue & Associates' proposal. NOW, THEREFORE, BE IT RESOLVED that "the contract for the Municipal Water System Leak Detection Program is awarded to Donohue & Associates, Inc., 1020 North Broadway, Suite 400, Milwaukee, Wisconsin, 53202, as set forth in their proposal dated December 1, 1989. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting held on the 8th Day of January, 1990, by the following vote: AYES: Baker, Lemons, Wuriu, Odell NOES: None ABSENT: Sheetz IN JEF ODELL, Vice Mayor ATTEST: �/ ARDITH DAVIS, City Clerk